44 VALLEY STREET - BUILDING INSPECTION�if�f- . y � � .l�, �i StReP� ,
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February 14, 1973
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Mr. John S. Cappuccio,
4 .Holly Street,
Salem, Massachusetts
Dear Sir: Re-Construction at 44 Valley Street.
You are hereby notified that Permit#34, dated January 25, 1973,
which was issued from this office to allow construction of a single
family dwelling at 44 Valley Street , is revoked as of this date. You
are further advised to immediately cease and desist from all work at
this site to advance construction of said structure .
For clarification of this order, we are enclosing a copy of a
communication forwarded to this department by the City Engineer after
his inspection of these premises with the project engineer for the
Massachusetts Department of Public Works.
After official notices from both of those departments that the
preliminary work has been done properly and in strict accordance with
their requirements , and to their entire satisfaction, we shall so
notify you.
Very truly yours ,
ENCL. 1
•
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Copies - Mayor Samuel E. Zoll
City Engineer Ralph W. Tedford
Comm. Massachusetts D.P.W.
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��agsoWnue MT'�R� Pepartmzut of Public POrfis
RALPH W. TEDFORD
CITY ENGINEER February 13 , 1973
Mr. Daniel J. O'Brien, Jr.
Inspector of Buildings
5 Broad Street
Salem, Massachusetts Re: Valley Street
Dear Dan:
The project engineer for the Mass. Dept.of Public
Works insists that all material other than crushed stone
that has been placed over the excavation of the 8" pipe
currently being installed in the Cappuccio lots be re-
moved and replaced with gravel by the owner. The State
engineer has threatened to withhold all financial aid
for the reconstruction of Valley Street if this is not
done. The Mayor suggests that the building permit be
revoked until the owner complies with this request.
Very truly yours ,
Ralph W. Tedford
City Engineer
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................ .......................
OFFICE OF THE INSPECTOR OF BUILDINGS
P .......................:.....................
DATE.
Certificate of Approval for Building Occupancy
MI e
John Cappuccio
THISSHALL CERTIFY THAT ............................................................................................................................
has permission to occupy premises at......44... albey...r51meti............................................................................
for ......
a.........Sin ... ,
gle Family Dwelling ................... purposes, in accordance with the City of Salem
........................................................
Zoning Ordinance and Building Code, providing that this use shall conform to the terms of the application on
file in this office, and to the provisions of the Statutes, and to the City Zoning Ordinance and City Building Code.
Any violation of any of the terms above noted is an immediate revocation of this certificate.
CITY ENGINEER WIRING INSPECTOR PLUMBING INSPECTOR GAS INSPECTOR FIRE DEPT. INSPECTOR
Rough Inspection Rough Inspection Rough Inspection Rough Inspection Rough I actio
v /2 J2 lv 19- 73
Final Inspection Final Inspection Final Inspection Final Inspection Final Inspection
r INSPECTOR OF BUILDINGS
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OFFICE OF THE INSPECTOR DF BUILDINGS DATE
Certificate of Approval for` Building Occupancy
John Ca:ppecio I
THIS SHALL CERTIFY THAT.. ............................f ...............
€ 44 Valley 'Stre( t t
haspermission to occupy.pPremises at............................. ....................... ....... . ............... :........
k a Single Fa�naly Ix-lelling
rfor .... ......................... ..... ........................... .......... purposes, in accordance with the City of Salem
.Zoning Ordinance and Building.Code, providing that this use shall conform to the terms of the application on
file in this office;and to the provisions of the Statutes,and to the City Zoning Ordinance and City Building Code.
Anyviolation" of any of the terms above noted is an immediate revocation of this certificate.
CITY ENGINEER WIRING INSPECTOR "PLUMBING INSPECTOR ;GAS INSPECTOR FIRE.DEPT. INSPECTOR
Rough Inspection Rough Inspection Rough Inspection Rough Inspection Rough nspecti%///
Final Inspection —'—,� Final Inspection' Final I spection f . Final.lnspection Final Inspection
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INSPECTOROF BUILDINGS. „f },
A
u Brian T. and Mary E. Butler
44 Valley Street
Salem, Massachusetts 01970
December 2, 1997
Mayor Neil J. Harrington
City of Salem
93 Washington Street
Salem, Massachusetts 01970
Dear Mayor Harrington: .
More than two years ago we attempted to have the City address the problem
of the water spilling onto our property, which is the culmination of years of
overlooked violations. The City has continued to allow land development on
Crowdis Street, which is some fifteen to thirty feet higher than the
properties on Valley Street, without the use of any storm drains. The
basement of our house has flooded numerous times leaving water of several
,inches to a foot within a matter of minutes. My children have taken to ask if
we are going to have a flood everytime they see a steady rain and the water
start pooling in the yard. After more than two years of countless discussions
and conversations pertaining to the correction of the problem, we have reached
the conclusion that we are being misled.
Our first conversations began with the Building Inspector, Mr. Leo
Tremblay, who gave us some suggestions. However, although it is clear his
suggestions will certainly impact the problem and have been taken seriously,
it is more than abundantly clear that without drainage on Crowdis Street, the
property owner solution will be no more than a band-aid to the problem.
Later, realizing more the totality of the problem, our discussions were
taken up with Director of Public Services, the late Mr. Charles Quigley. Mr.
Quigley was a wonderful man, who after a few visits to the property and the
surrounding area, appeared to have a full understanding of the past violations
which occurred that led to the problem. Knowing full well certain things
cannot be undone once completed, there needed to be a specific plan drawn up
to correct the resulting impact of the violations. In March of 1997, H2O
Engineering of Burlington completed a lengthy study of the area and developed
a plan to correct the problem at the request of the City Engineer, Mr.
Quigley, and paid for by the City. In the interim, Mr. Quigley unfortunately
passed away. His death further delayed the correction while waiting for a new
director to be appointed.
In the early Spring of this year, we were told by the Engineering
Department that the grounds were too wet to have any heavy equipment operating
on the lands and, therefore, we would need to wait until the lands were dry.
-
During the Summer months, the only four month window of opportunity. for dry
lands, we were further delayed with little or no explanation. Then in
September of this year, we were asked to meet with Mr. Stanley Bornstein, the
new Director of Public Services.
_ Mr. Bornstein determined that the plans drawn up by H2O Engineering were
not going to resolve the problem; it is not clear what led him to that
conclusion. He felt that it would be more beneficial to take one third of our
property in a thirty foot easement down the length of our property (2031 ) , and
place a 24" drain pipe down the property to the street. Now as intriguing and
delightful as that may seem, allowing the City to devalue our property to
correct a problem which does not emanate from our property and is not the
' result of any violations created by our property, we felt it necessary to
decline such an offer. There seemed to be no benefit in agreeing to drain the
entire neighborhood because the City failed to place storm drains on Crowdis
Street while allowing it to be continuously developed. Mr. Bornstein said
there was no tax abatement on the easement and that they would only need to
enter on the easement to clean out the drains. From our estimation this would
be frequently since we have two extremely large Willow trees, with many roots,
which according to a local contractor "would be in the pipes before they left
the property" . _
All along we have been told that City vehicles cannot enter private
property to complete work and City funds cannot be expended on private
property to address this problem. However, if our understanding is correct,
Mr. Bornstein planned on using City funds to place the 24" drain pipe down the
side of the property. What happened to the Chapter 90 funds which the City
applied for and Ibelieve received to do the Valley Street Way portion of the
H2O Engineering plan? And if the Valley Street Way portion of the plan was
within the guidelines for receiving Chapter 90 funds, why isn't the Crowdis
Street portion of the plan?
We have been told by the Engineering Department that they have no
intention of placing storm drains on Crowdis Street, so completing only one
third of the proposed plan will not resolve the problem, and frankly it will
only escalate, since the" City continues to allow land development on Crowdis
Street. In September they gave the go ahead for the construction of a new
home directly behind our property. The people next to them plan on
constructing a new and larger home on that property. And the people next to
them just cleared all the trees from the crest of the hill to the pond and
intend on putting in a built in pool. Where do they anticipate draining the
pool, the chlorinated water, to close the pool for the winter when there are
no storm drains on Crowdis Street? And while we harbor no ill will toward
people trying to do what is best for them, a new house, a pool, etc. , we need
to consider what is best for us and the continued development being allowed
with no resolution to the problem can't be overlooked. -
We spoke with the Engineering Department on Wednesday, November 12th and
they informed us that they would be starting the Valley Street Way portion of
the plan in a couple of weeks. However, they have no intention of placing the
storm drains on Crowdis Street. The lands they need to enter to complete the
Valley Street Way plan are again wet, as they were in the Spring, and given
this, we have some serious doubts that this will be completed. The window of
opportunity once again has past and we are closing in on three weeks since the
conversation.
With these turn of events, and the mere fact that nothing has been done
to address the problem can only lead us to the logical conclusion that nothing
is going to be done. Please let us know if our conclusions are correct and if
it is now necessary for ustotake this matter to another forum. Given the
nature of the problem, I would appreciate a quick response.
Sincerer
Brian Butler
Mary E. Butler
CC: Mayor-elect Stanley Usovicz
Mr. Leonard O'Leary "
Mr. Stanley Bornstein
Mr. Leo Tremblay