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44 VALLEY STREET - BUILDING INSPECTION�if�f- . y � � .l�, �i StReP� , J c.�r ,� :v THIS LETTER WAS SENT REGISTERED MAIL RETURN RECEIT REQUESTED y ctv of esttlern, Ctt �ttc �tse##s 3,r,. .� g �ublic �'YD�JPX#g �P�ittl'fmPkt# �S"�c�eo�''v5" �UI�1iYC$ �P�JttX�mPtt� February 14, 1973 Foam 7, (Mtq Pall 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 • DJOB:cc. Copies - Mayor Samuel E. Zoll City Engineer Ralph W. Tedford Comm. Massachusetts D.P.W. ie.°o 4 QTitu of "' tYiu, gassu fluutts ��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 RWT/jiz ISO jT1tt CC�� .J��,1��Mj�i{n��}��}s Q�'��}}�� t�s���r1r7fr1 j 3 y GOM 4� OP Ctv � '$atenT' .:J.4Ki .TJ{{�' G44 ♦J q, -J 1. f P� NO. ................ ....................... 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 •FL{�1' j 1 ` 4.7' 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 * to 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