4 VISTA AVENUE - WALL COLLAPSE - BUILDING INSPECTION �v,�-i,c� �°nu�s�
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CITY OF SALEM
PUBLIC PROPERTY
DEPARTMENT
KIM681U.HY DIUSCOLL
MAYOR
120 WAS}IING"fON 5'fRE2.'f* SALEM,bIASSACli U513'ITS 01970
1x:c 978-745-9595 ♦ FAX:978-740-9846
NOTIFICATION OF UNSAFE STRUCTURE
PROPERTY ADDRESS 4 VISTA AVENUE
September 25, 2008
Mr. Eric B. Andrade
4 Vista Avenue
Salem, Ma. 01970
Dear Mr. Andrade
This letter is to notify you that previously cited retaining wall at your property continues to
be an unsafe structure and is in danger of collapse now that the temporary steel bracing for
that wall has been removed.
Under Section 121.3 of the State Building Code you are required to begin to make this
structure safe within 24 hours of receipt of this notice.
Failure to address this situation could result in further action by the City of Salem, which
could include this department causing the removal of this unsafe structure, under the
provisions of 780CMR Section 121, followed by an attachment of liens to the appropriate
properties to cause repayment of any incurred expenses.
Sincerely,
i
i
Thomas McGrath.
Assistant Building Inspector/Local Inspector
C : file Health Dept., Fire Prevention, Mayor's Office, 7Q z6. o
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P
41 .0060t,
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CITY OF SALEM
PUBLIC PROPRERTY
DEPARTMENT
KIMBERLEY DRISCOLL
MAYOR 120 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970
TEL:978-745-9595 ♦FAX:978-740-9846
COPY
May 15, 2006
Eric and Maria Andrade
4 Vista Avenue
Salem, MA 01970
Dear Mr. and Mrs. Andrade;
As you know, prior to your purchase of this property, there had been a collapse
involving the retaining wall at the Southwest corner of your property. The work that was
done to stabilize this collapse,was done by a contractor hired by the city, with this
expense recovered by a lien. This work was only intended to be a temporary fix, so as to
stabilize the collapse, and prevent any further public safety issues. It has been well over a
year since this work was done, and you took this property over, this wall requires further
engineering so as to establish a plan to reconstruct and/or remove the remaining structure.
By code any wall that holds back more than four feet of loose fill needs to be engineered,
and these same reports need to be filed with this office, in conjunction with a building
permit application.
It is in your best interest to begin to address this situation as soon as possible, as it
is only getting worse. There will soon come a day when this office will once again be
called to this property to once again declare this structure unsafe. At that time we will
again be forced to make the situation safe, and then place a lien on your property for the
expenses incurred. It would be by far in everybody's best interest if you were to begin
the process of correcting this situation without our further involvement. If you have any
further questions please feel free to call this office at (978) 745-9595, ext 386.
Si cerely,
o eph E. Barbeaujr
sistant Building Inspector
CC: file
l
CITY OF SALEM
a
PUBLIC PROPERTY
DEPARTMENT
KIKBERLEY DRISCou.
MAYOR
120 wASHIN(,TON S FLEET♦ SALEM,MASSACHUSETTS 01970
'I'LL 978-745-9595 ♦ FAx:978-740-9846
VIOLATION NOTICE
PROPERTY LOCATION 4 VISTA AVENUE C� li
November 5,2007
Eric B. &Maria P. Andrade
4 Vista Avenue
Salem, MA 01970
Dear Mr. &Ms. Andrade;
The above listed property has been found to be in violation of the following State
Codes and/or City Ordinances:
780 CMR, state Building Code, Section 121 regards the actions to be taken by
the Building Inspectors Office when it concerns an Unsafe Structure. The retaining
wall that adjoins the Vista Ave. side of your property has been in violation since prior
to your purchase of this property. The steel supports that were installed were for
temporary shoring until a permanent ftr could be affected Recent observation of this
wall shows further weakening of this structure, and a cause for concern regarding the
safety of the public.
Said violations must begin to be corrected, repaired, and/or brought into
compliance within 2 days of your receipt of this notice. Failure to do so may result in
fiuther actions being brought against you, up to and including the filing of complaints at
District Court.
If you have any questions regarding this letter, please contact the Building
Inspectors Office at(978) 745-9595, extension 5643.
Sincerely, ,,,//JJ
rL
IJ ph E. Bazbeau4Jr
Local Inspector/Assistant Building Inspector
CC: file, Mayor's Office, Fire Prevention, Health Dept.,
CITY OF .SALEM, MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
6 SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
Ar
December 9,2004
Walter Richards
4 Vista Avenue
Salem,MA 01970
Dear Mr. Smith;
Our office was informed of and inspected the collapse of your retaining wall yesterday,December
8". This is an unsafe condition that needs to be rectified immediately. Therefore under 780CMR Sections
121.0 through 121.6 which state that upon the inspection of an unsafe structure the Building Official shall
notify the property owner in writing of the same, and that the owner will then have until noon the day
following service of such an order to commence the repair/removal of the unsafe condition, if this demand
is not met,the Building Official shall cause such work to be done by the contractors of his choosing and the
resulting costs will be incurred by the property owner. You are hereby ordered to commence immediately
to make this structure safe, or to have the same removed. If this work has not commenced by tomorrow
morning the City of Salem will cause this to be removed, and the costs incurred will be assessed against
you. If you have any questions regarding this order you may call this office.
Sin 'yei�/ � a!
oseph E. Barbeau,Jr,a 7VT
Assistant Building Inspector
Service by Constable Stanwood
CC: file,Tom St, Pierre, Lynne Montague, Chief St. Pierre,Councilor O'Leary
lw
�0
CITY OF SALEM, MASSACHUSETTS
a.
PUBLIC PROPERTY DEPARTMENT
An_ B 120 WASHINGTON STREET, 3RD FLOOR
"NN SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
C®��
December 9,2004
Walter Richards
4 Vista Avenue
Salem,MA 01970
Dear Mr. Smith;
Our office was informed of and inspected the collapse of your retaining wall yesterday, December
8`s. This is an unsafe condition that needs to be rectified immediately. Therefore under 780CMR Sections
121.0 through 121.6 which state that upon the inspection of an unsafe structure the Building Official shall
notify the property owner in writing of the same,and that the owner will then have until noon the day
following service of such an order to commence the repair/removal of the unsafe condition, if this demand
is not met, the Building Official shall cause such work to be done by the contractors of his choosing and the
resulting costs will be incurred by the property owner. You are hereby ordered to commence immediately
to make this structure safe,or to have the same removed. If this work has not commenced by tomorrow
morning the City of Salem will cause this to be removed,and the costs incurred will be assessed against
you. If you have any questions regarding this order you may call this office.
Sin ly,
oseph E.Barbeau,Jr.
Assistant Building Inspector
Service by Constable Stanwood
CC: file,Tom St. Pierre, Lynne Montague, Chief St.Pierre, Councilor O'Leary
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
ADMINISTRATION
780 CMR 120.0 CERTIFICATE OF 120.5 Posting structures:
OCCUPANCY 120.5.1 Posted use and occupancy: A suitably
. _ 120.1 General: New buildings and structures: A designed placard approved by the building official
building or structure hereafter shall not be used or shall be posted by the owner on all floors of every
occupied in whole or in part until the certificate of building and structure and part thereof designed
use and occupancy shall have been issued by the for high hazard, storage, mercantile, factory and
building commissioner or inspector of buildings or, industrial or business use(use groups H, S, M,F
when applicable,the state inspector. The certificate and B) as defined in 780 CMR 3. Said placard
shall not be issued until all the work has been shall be securely fastened to the building or
completed in accordance with the provisions of the structure in a readily visible place, stating: the
approved permits and of the applicable codes for use group,the fire grading, the five load and the
which a permit is required, except as provided in occupancy load.
780 CMR 120.3.
120.5.2 Posted occupancy load: A suitably
120.2 Buildings or structures hereafter altered: designed placard approved by the building official
A building or structure, in whole or in part,altered shall be posted by the owner in every room where
to change from one use group to another, to a practicable of every building and structure and
different use within the same use group; the fire part thereof designed for use as a place of public
grading; the maximum five load capacity; the assembly or as an institutional building for
occupancy load capacity shall not be occupied or harboring people for penal, correctional,
used until the certificate shall have been issued educational,medical or other care or treatment,or
certifying that the work has been completed in as residential buildings used for hotels, lodging
accordance with the provisions of the approved houses, boarding houses, dormitory buildings,
permits and of the applicable codes for which a multiple family dwellings (use groups A, I, R-1
permit is required. Any use or occupancy, which andR-2). Said placard shall designate the
was not discontinued during the work of alteration, maximum occupancy load.
shall be discontinued within 30 days after the 120.5.3 Replacement of posted signs: All
completion of the alteration unless the required posting signs shall be furnished by the owner and
certificate is issued. shall be of permanent design; they shall not be
removed or defaced, and if lost, removed or
120.3 Temporary occupancy: Upon the request of defaced,shall be immediately replaced.
the holder of a permit, a temporary certificate of
occupancy may be issued before the completion of 120.5.4 Periodic inspection for posting: The
the entire work covered by the permit,provided that budding official may periodically inspect all
such portion or portions shall be occupied safely existing buildings and structures except one and
prior to full completion of the building or structure two family dwellings for compliance with
without endangering life or public welfare. Any 780 CMR in respect to posting;or he may accept
occupancy permitted to continue during the work the report of such inspections from a qualified
shall be discontinued within 30 days after registered engineer or architect or others certified
completion of the work unless a certificate of by the BBRS; and such inspections and reports
occupancy is issued by the building official. shall specify any violation of the requirements of
780 CMR in respect to the posting of floor load,
120.4 Contents of certificate: When a building o� fat;grading,occupancy load and use group of the
structure is entitled thereto, the building o , building or structure.
shall issue a certificate of occupancy within ten days
after written application. Upon completion of the 780CMR 121.0 UNSAFE STRUCTURES
final inspection in accordance with 780 CMR 115.5 121.1 General: The provisions of 780 CMR 121.0
and correction of the violations and discrepancies, are established by M.G.L. c. 143, §§ 6, 7, 8, 9 and
and compliance with 780 CMR 903.4,the certificate 10.
of occupancy shall be issued. The certificate of
occupancy shall specify the following. 121.2 Inspection: The building official
I. The edition of the code under which the immediately upon being informed by report or
permit was issued. otherwise that a building or other structure or
2. The use group and occupancy,in accordance anything attached thereto or connected therewith is
with the provisions of 780 CMR 3. dangerous to life or limb or that any building in that
3. The type of construction as defined in city or town is unused, uninhabited or abandoned,
780 CMR 6. and open to the weather,shall inspect the same;and
( 4. The occupant load per floor. he shall forthwith in writing notify the owner to
5. Any special stipulations and conditions of the remove it or make it safe if it appears to him to be
building permit. dangerous, or to make it secure if it is unused,
uninhabited or abandoned and open to the weather.
2/7/97 (Effective 2/28/97) 780 CMR-Sixth Edition 27
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
If it appears that such building or structure would be case of such demolition, the said building official
especially unsafe in case of fire, it shall be deemed shall cause such lot to be leveled to conform with -
dangerous within the meaning hereof, and the adjacent grades by a inorganic fill. The costs and
building official may affix in a conspicuous place charges incurred shall constitute a lien upon the land
upon its exterior.walls a notice of its dangerous upon which the structure is located, and shall be
condition, which shall not be removed or defaced enforced in an action of contract; and such owner
without authority from him. shall, for every day's continuance of such refusal or
neglect after being so notified,be punished by a fine
121.3 Removal or making structure safe: Any in accordance with 780 CMR 118.4. The provisions
person so notified shall be allowed until 12:00 noon of M.G.L. c. 139, § 3A, paragraph two, relative to
of the day following the service of the notice in liens for such debt and the collection of claims for
which to begin to remove such building or structure such debt shall apply to any debt referred to in this
or make it safe, or to make it secure, and he shall section, except that the said building official shall
employ sufficient labor speedily to make it safe or act hereunder in place of the mayor or board of
remove it or to make it secure; but if the public selectmen. During the time such order is in effect,
safety so requires and if the mayor or selectmen so it shall be unlawful to use or occupy such structure
order, the building official may immediately enter or any portion thereof for any purpose.
upon the premises with the necessary workmen and
assistants and cause such unsafe structure to be made 121.6 Remedy of person ordered to remove a
safe or demolished without delay and a proper fence dangerous structure or make it safe:
put up for the protection of passersby,or to be made Notwithstanding the provisions of 780 CMR 122,an
secure. owner, aggrieved by such order may have the
remedy prescribed by M.G.L. c. 139, §2: provided
121.4 Failure to remove or make structure safe, that any provision of M.G.L. c. 139, §2 shall not be
survey board,survey report: If an owner of such construed so as to hinder, delay or prevent the
unsafe structure refuses or neglects to comply with building official from acting and proceeding under
the requirements of such notice within the specified 780 CMR 121; and provided, further, that this
time limit, and such structure is not made safe or section shall not prevent the city or town from
taken down as ordered therein, a careful survey of recovering the forfeiture provided in said 780 CMR
the premises shall be made by a board consisting;in 121.5 from the date of the service of the original
a city, of a city engineer, the head of the fire notice,unless the order is annulled by the jury. r
department, as such term is defined in M.G.L.
c. 148, § 1, and one disinterested person to be 780 CMR 1220 BOARD OF APPEALS
appointed by the building official; and,in a town of 122.1 State Buildin Code A
a surveyor,the head of the fire department and one g PPanls Board:
person to be a Except for actions taken pursuant n rpr CMR
disinterested
P appointed by the building 121.0, whoever is aggrieved by an interpretation,
official. In the absence of any of the above officers order, requirement,direction or failure to act under
or individuals, the mayor or selectmen shall 780 CMR by anagency or official of the city,town
o
designate one or more officers or other suitable y 8
Persons in place of the officers of named as or region, or agency or official of the State charged
with the administration or enforcement of 780 CMR
members of said board. A written report of such
survey shall be made, and a copy thereof served on or any of its Hiles or regulations, excepting any
such owner. specialized codes, may appeal directly to the State
Building Code Appeals Board as provided in
780 CMR 122.0.
121.5 Removal of dangerous or abandoned
structures: If such survey report as outlined in orvar,is aggrieved by an interpretation,order,
780 CMR 121.4 declares such structure to be requirement, direction or failure to act under
780 CMR by a
dangerous or to be unused, uninhabited or iry agency or official of a city, town
abandoned, and open to the weather, and if the en region charged R, the administration or
owner continues such refusal or ne codes,erm may
of 780 CMR,excepting any specialized
glect,the building codes may appeal directly to the State Building
official shall cause it to be made safe or taken down Code Appeals Board or may appeal first ta local
or
or to be made secure; and, if the public safety so if
requires,said building official may at once enter the regional building code appeals board and
structure,the land on which it stands or the abutting aggrieved thereby he may then appeal to the State
Building Code Appeals Board as provided in
land or buildings, with such assistance as he may 780 CMR 122.0.
require, and secure the same;and may remove and In the event an appeal is taken directly to the State
evict, under the pertinent provisions of M.G.L. Building Code Appeals Board from an
c.239,or otherwise,any tenant or occupant thereof, interpretation, order, requirement or direction, said
and may erect such protection for the public by appeal shall be filed as specified in 780 CMR
proper fence or otherwise as may be necessary,and 122 3.1 with the State Building Code Appeals Board
for this purpose may close a public highway. In the not later than 45 days after the service of notice
28 780 CMR-Sixth Edition 2/7/97 (Effective 2/28/97)
OEC-10-2004 01:0311 FROIFStructuree North 16767466067 T-241 P.001/004 F-31
STIUMUS
NO
« w�1 n=n. &U" BU OWN
ZROUREMS
M0�T�1
To, Ba Ane Deparbnsok cwof Salm
Atm: Mr. nommae Saint Pbrre Ba0din0
COeemb"er Fex# (97>6)740.g
Fmm: Edvrard MOs,P.E.
Re: 4 Mete Avaaae Bdaio6ad WaII Cewnapee
i
CC: Mr.Ardw UsIb,DIWk Ccuftctlom,(701)
Deet 10 Ikcember 2004 PMCB: }tidadFat hwm>vithl
L-�O7rRtttt OFaRevim ❑AeBrlatrkd ❑pAWCetaaaat
IMGENT
Dar Mr. Sant;Pietro,
Attached is our letter report for the eollapse of the teteinins wall at 4 Vista Avenue.
Flu"review d ad lot me kttow that in mekin0 this report we ate ad&OdA0 the City s safety comae.
I understand i:om Dialio that the City will campaeste Us for our work, and that our imhm ment was
authariaed on in emwgmey basis.
Thank you,
Bdward Moll
NOMINEES
atsuaetau�
hp 1 ort
CITY OF SALEM, MASSACHUSETTS
z
PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 ^®�Q�7L�Y�//J
MAYOR FAX: 978-740-9846 COPY
December 9,2004
Walter Richards
4 Vista Avenue
Salem,MA 01970
Dear Mr. Smith;
Our office was informed of and inspected the collapse of your retaining wall yesterday,December
8'". This is an unsafe condition that needs to be rectified immediately. Therefore under 780CMR Sections
121.0 through 121.6 which state that upon the inspection of an unsafe structure the Building Official shall
notify the property owner in writing of the same,and that the owner will then have until noon the day
following service of such an order to commence the repair/removal of the unsafe condition, if this demand
is not met, the Building Official shall cause such work to be done by the contractors of his choosing and the
resulting costs will be incurred by the property owner. You are hereby ordered to commence immediately
to make this structure safe,or to have the same removed. If this work has not commenced by tomorrow
morning the City of Salem will cause this to be removed, and the costs incurred will be assessed against
you. If you have any questions regarding this order you may call this office.
hSinly,�
seph E.
Barbeau,Jr.
Assistant Building Inspector
Service by Constable Stanwood
CC: file,Tom St. Pierre, Lynne Montague, Chief St. Pierre, Councilor O'Leary
DEC-16-2004 09:224 FRM—Structures North 19787456067 T-275 P 001/001 F-568
! STIUMUS
NORTTI
60 WASHWGrOPT STREET, SALEM, MA 01970 CONSULTING
^" PHONE: 1A78-74:;.6817 FAM 1-978-74561167 ENGINEERS
i
2
To: City of Salem Public Property Department
+I
Atm: Mr.Joe Barbeau Fax#: (978)740-9846
tl
Prom: E&,ard Moll,P.E.
Re: Request for,Structural Engineering Work to be Preformed on an Hourly Basis
CC:
' I
Datr: 16 Eecember 2004 Pages: 1
The following request for structural engineering work to be performed on an hourly basis has
been made:
Emergency Stabilization of Retaining Wall
We estimate rhe tasks and the associated time to be as follows:
Task Hours
Site visit Level II Engineer 3.0
Site Visit,Principal Engineer, Letter Report 3.5
Structural Design&Detailing of Buttressing Frame 7.5
Follow-ui) Site Visit and Confirmation Letter 2.0
Total Hours 16.0
The hourly rate for the above work is$90.00.
! I
Your formal tluthorization is requested If this work will be paid for by other than the recipient,
please forward this authorization form to be signed and dated Signed, dated, and returned fax
will constitute your authorization for us to proceed with the work described above.
Authorized by: Total Amount Authorized
Title/Organization: Date
Thh amn 111114 M14 Out ead Wlhorla011on reWwd In advaoctl of ypfufming hourly work when the cotinct Is a axed 680,of as amhmiretioo to inomse an
i eadmalad rout whtln thn fetl 8 homy.
:t Page 1 of I
i'
1
C
t . D'ALELIO CONSTRUCTION CO., INC. INVOICE P1 OF 2
31 Lewis Road P.O. Box 435
SWAMPSCOTT, MASSACHUSETTS 01907
Phone/Fax(781)598-1843
INVOICE NUMBER 489
DATE 12/15/2004
SOLD TO:
City of Salem Work at Walter Richard
Building Department 4 Vista Avenue
120 Washington St Salem,MA
Salem MA 01970
Emergency Repairs to the existing
Attn Joeseph Barbeau retaining wall at 4 Vista Avenue
ordered by City Of Salem, Building Dept
Due upon Receipt
12/9/2004
1 FOREMAN 5 HRS @ $ 55.00 $ 275.00
1 GMC TRUCH&DRIVER 5 HRS @ $ 65.00 $ 325.00
1 COMPRESSOR&OPERATOR 5 HRS @ $ 75.00 $ 375.00
3 LABORERS 5 HRS EACH @ $ 50.00 $ 750.00
STOCK 7.6"X6"X16' PTTIMBERS $ 600.00
5.16 PLANKS $ 200.00
25'SOIL STABILIZERS $ 300.00
MEETING WITH MAYOR USOVICZ,JOE BARBEAU THE INSPECTOR AND BRUCE
THIBIDEAU,AND DAN STANWOOD.
ORDERED BY THE CITY OF SALEM TO SHORE UP THE REMAINING WALL
12/10/2004
1 FOREMAN 8 HRS @) $ 55.00 $ 440.00
1 BACKHOE&OPERATOR 8 HRS @ $ 110.00 $ 880.00
1 MINI EXCAVATOR&OP 8 HRS @ $ 110.00 $ 880.00
1 GMC TRUCK&DRIVER 8 HRS @ $ 65.00 $ 520.00
1 COMPRESSOR&OPERATOR 8 HRS @ $ 75.00 $ 600.00
2 LABORERS 8 HRS EACH @ $ 50.00 $ 800.00
50 TON LYNPAC $ 600.00
3-7/8"BOLTS $ 10.00
COMPLETED BRACING WALL-REMOVE UPPER BLOCKS REMOVE
LOAM&HAUL IN LYNPAC TO BUILD THE ROAD-EXCAVTE BEHIND THE WALL 4'X4',
MET WITH ENGINEER, ED MOLL, HE TOOK MEASUREMENTS AND
TOLD US WHAT TO DO TO MAKE WALL SAFE
f
D'ALELIO CONSTRUCTION CO.,INC. INVOICE P2 OF 2
31 Lewis Road P.O. Box 435
SWAMPSCOTT, MASSACHUSETTS 01907
Phone/Fax(781)598-1843
INVOICE NUMBER 489
City o)e S¢iem DATE 12/15/2004
12/13/2004
1 FOREMAN 4 HRS $ 55.00 $ 220.00
1 BACKHOE&OPERATOR 8 HRS @ $ 110.00 $ 880.00
1 EXCAVATOR&OPERATOR 8 HRS @ $ 110.00 $ 880.00
1 COMPRESSOR&OPERATOR 6 HRS Q $ 75.00 $ 450.00
2 LABORERS 9 HRS @ $ 50.00 $ 450.00
1 PICKUP&DRIVER 3 HRS @ $ 60.00 $ 180.00
1 GMC TRUCK&DRIVER 8 HRS Q $ 65.00 $ 520.00
(4)LOADS TO DUMP $ 375.00
CONTINUE EXCAVATING BEHIND THE WALL,SLOPE DIRT AT BOTTOM
BROKE UP 12"CONCRETE WALL THAT FELL OVER AND HAUL IT AWAY
TO DUMP, REMOVE BOTTOM RETAINING WALL TO DUMP,KNOCKED
DOWN THE REST OF THE UPPER FENCE WALL
12/14/2004
1 EXCAVATOR&OP 8 HRS a $ 110.00 $ 880.00
1 FOREMAN 3 HRS @ $ 55.00 $ 165.00
1 GMC TRUCK&DRIVER 8 HRS @ $ 65.00 $ 520.00
2 LABORERS 16 HRS TOTALS $ 50.00 $ 800.00
1 BACKHOE&OPERATOR 4 HRS @ $ 110.00 $ 440.00
(2)LOADS CONCRETE OUT $ 100,00 $ 20000
12/15/2004
2 LABORERS 6 HRS EACH @ $ 50.00 $ 600.00
1 EXCAVATOR&OP 2 HRS @ $ 110.00 $ 220.00
CHIP FOOTING FOR BRACES-BUILD TEMPLATES FOR BRACES
12/16/2004
FOREMAN 10 HRS @ $ 55.00 $ 550.00
BACKHOE 8 HRS @ $ 110.00 $ 860.00
3 LABORERS 10 HRS EACH @ $ 50.00 $ 1,500.00
1 GMC TRUCK AND DRIVER 8 HRS @ $ 65.00 $ 520.00
2 STEEL FRAMES $ 1.300.00
INFRA RED ASPHALT PATCHING $ 750.00
EPDXY AND BOLTS $ 625.00
CORING HOLES(18) $ 875.00
TOTAL OF THIS INVOICE $ 22,335.00
DEC-10-2004 01:031M FROM-Structure) North 10767456067 T-246 P.001/004 F-31
STIUMAS
NOW
so w"Mm-roll MM. &%LAK MA 01M COaapr,�pG
MOM 1.079.741.017 FAG I-M745 4067 6
To. Doi ding Department,City of Saigon
Atm Mr. Thomas Saint Pierre Bueding Fuc#: (978)740A846
Corimisdouer
Fuum: Edward Moa,P.E.
Re: 4 Vista Avenue Retaining Wall Colb"
C: Mr.Ardusr Malin,W&W Construction,(781)
Daft 10 Ikcember 2004 Pagel: induding trammittal
rrr0eelt ❑FarRaNew ❑A$RePO" ❑FlcmeCeanlmt
URGENT
Dear Mr. Sail:Pierre,
Attached is our letter report for the wllapse of the retaining wall at 4 Vista Avenue.
Please review it and let me know that in maidug this report we are addressing the City's safety concern$.
I understand f om Dialio that the City will compensate us for our work, and that our involvement was
authduioed on in emergency basis,
Thank you,
Edward Moll
moles
Pyo l of I
DEC-10-2004 01:011Y FROWStructurec North 16787456067 T-246 P.002/004 F-31
MUGUAIS
NTA
CONSULTING
10 Decembe-2004 ENGINEERS,
INC.
Building DalWhoant
City of Salem
120 WashinExon Street
Salem,MA )1970
Fax: 978-749846
Attention: Mr.Thomas Saint Pura
Building Commissioner
Ref wor 4 Vista Ave., Salon,MA
Initial Site Visit for Emergency Stabilization of Retaining Wall
Dear W. Saint Pierre,
We received a phone call yesterday from Arthur Dialio of Diaho Construction regarding the
retaining wall collapse at 4 Vnrta Ave is Salem,MA. 1 understand that the City contacted Dialio
in order that dreg immedlately implement tempmory protection Jeff Reese,an engineer from our
office,visital the sitc yesterday ss Dialio was beginning the emergency stabilization. JeffRease
took photogr tphs that we then want over in the office. 1 then called Disko after our engineer's
visit in order to give them our initial observations,and we made arrangements to meet again this
morning.
We understand that the scope of work for Dialiob involvement as well ae for Structures North's
role is to make the retaining wall safe fiom linther collapse and to have the diagonal bracing that
Dialio installed yesterday removed fmm the srixt. The final disposition of the retaining wall,
pmmanmt repairs,is beyond the scope of either Dialio or Structures North's imrolvement.
Following pl ase find the limitation of Struchues North's scope,observations,and
recommendations:
mendations:
Limldttions of Scope
Structures North will neither have control over or charge of nor be responsible for,the
construction means,methods,techmgtee,wgtmm or procedures,or for the safety precautions
and progrem;in connection with the retaining wall stabilization work,since these are solely the
Contractor's±ights and respotiaMties. Structures North will not be required to make continuous
on-site hope-dons to dwk the adequacy of the stabilization work as it progresses.
Structures North will not be responsible for the Contractor's failure to perform the Work,not will
they have oorrtrol over or charge of and will not be responsible for acts or omissions of the
P.O.Box SS60/60 Wasbington Street,Suite 401 'Salem,:Massachusetts 01971
Voice (978)745.6817'Fax (978)745.6067
www.structans-north.com
DEC-10-2004 01:04111 FDHStructures North 18787456067 T-249 P.003/004 F-31
4 Vista Avenge 10 December 2004
Salem,Mamehusetta Strueturea Nortli Consulting Eaglneere
Conasoeor, Suboo kwbo+s,or their ageute or employees,or any other paseon or antitiae
performing pxtions of the Work.
Construction support is only a limited review of site observation of the Contractors work or
performance. It is further agreed that die City will hold harmless,indemnify and defend
Structures NcRth from any claim or suit whatsoever,including,but not limited to all payments,
expanses and costa involved,arising from the Contractor's performance or the failure of the
Contractor's work to conform to the intent of the stabilization work.
Observations
The wall that collapsed is an improvised retaining wall consisting of a 6'-4"high masonry fence
on top of a 17"thick up to 10'-0"high unreinforoed concrete wail. The wall is buttressed on the
Vista Ave side by tapered concrete wing walls that aka 12"thick by T-2"at the base. There are
two of these walls at 16-0"on canter, and tban the last run of the tallest portion of the wall is
unbmced by lnitttesses for the southerly 20'-0"of wall. The buttresses are also presumably
constructed of unreinforrad concrete. The base of the retaining wall site on top of a projection
that varies from 2'-10"high,to 31-6"high. This projection is an earth filled planting bed for part
of its length, and is a solid concrete base for the taller end.
We took measurements of plumb along the wall and determined that at the free end of the wall it
is out of plumb 3"in V-0".Extrapolating that wall tilt over the retained soil height of the wall is
out 71/2"in 10'-0". Extrapolation that wall tilt over the retained soil height plus the masonry
fence on top of the wall is out 121/2"in 16'-41/2".
The portion c f the wall that collapsed is at the high end that retained approximately 10'-0"of soil
and that rebased 90 degrees from Vista Ave. The South high most out of plumb and of the wall
is the portion most in danger of further collapse. At this end of the wall Dialio has installed three
dmber firemen that braced back to holes in the pavement and that are fastened to a vertical wood
cleat on the two of the wall. Plowe note that Structures North hat not evaluated the timber
frame bracing;provided by Dialto. We have made some recommendation on site for improving
this bracing. T 9 e bracing provides some margin of temporary protection, but the stabilization
technique des cribed by Structures North follows in the section wader "Recommendations,"
below.
Upon the ooll apse of the south retaining wall that returns 90 degrees from vista Avenue,the soil
has sloughed toward the south and has surcbargW a smaller concrete block retaining wall that
rums along th h Vista Avenue sidawalk. This smaller wall has tilted and is itself in danger of
collapse.
The cause of the retaining wall collapse was insufficient capacity of the marginally buttresses
unreinfarced concrete wall precipitated by the lateral earth pressure of the saturated cohesive
soils behind the wall that are insufficiently drained.
2
DEC-10-2004 01:0411M FROIFStructuret North 19797456067 T-249 P,004/004 F-31
4 Meta Avent a 10 December 2004
Salem,Musechewgts Structures North Consulting Engineers
PLecon asseadations
The followmi recommendations are based on stabilization and not on permanent repairs to the
retaining wall. As discussed with Dialio,the concern of the City is in malting the wall safe and
secure,and it will be the property owner's responsibility to have designed and implemented the
permanent repairs to the retaining wall. The stabilization recommendations will result in a stable
temporary coadition that does not require bracing onto the City street or sidewalk.
The top 4'-0"of soil,x 4'-0"wide should be removed from the backside of the wall in order to
relieve the lro:eral earth pressure. This requires careful placxmart of the excavator at least 10'-0"
away from the wall(close to the pool wall). It also requires that the excavator be moving away
from the stockpiled soil. The 4'-0"excavation should leave s stable slope,and the excavated area
should be protected from trespass except by authorized personnel. Note that once the excavation
is made,it will not be possible to re aeoess the high grade area with a backhoe with without font
performing the permanent retaining wall repairs. .
The lowered grade behind the wall should be sloped 1/8"in 1'-0" toward the south with a slight
Swale and then should be tarped. Tarps should be placed from south to north should overlapped
8"so that wagr runoff will continue downhill.
The South comer of the wall should get a temporary brace consisting of a steel frame anchored to
the wall and supported on the existing concrete footing 3'-6"above the sidewalk. This frame
essentially takes the place of the buttresses over the end 20'-0" of laterally unbraced wall.
Structures North will issue a sketch for this frame.
i
The top masonry fence should be removed from the south 20'-0" end of leaning retaining wall.
The low mammy reteining wall should be removed and the grade behind it made stable with not
more than a 1:1 slope toward the south. The surface of the sloping grade Should be protected
from erosion using geofabrie.
We have discussed these recommendation with Dialio construction on site,and will follow up
with sketchet and confirmation that the wall has been stabilized by the removal of 4'-0"of soil
Som behind ibe wall.
Please call inanediately if you should have any questions regarding the information contained in
this letter.
TrulyYours,
Nc
nutting Engineers,Inc. 1% W
rr
H.Nb P.E. W
Principal a
is 3
At 4"
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DEC-13-2004 04:171110 FROWStructuras North 19787456067 T-257 PA01/005 F-37'
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STIUMUS
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69 WASAINGTODI STREET, SALEM, MA 81970 CONSULTING
PRONE, 1.970-7*-6817 PAX 1.970-7454467 ENGINEERS
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� To: Building Department,City of Salem
Ann: Mr.Thomas Saint Pierre Building =JFu#. 8)740-9846
Commissioner
From: Edv,ard Moll,P.E.
` I
Re: 4 Vista Avenue Retaining Wall Collapse
CC: Mr.Arthur]Dialio,Dialio Construction,(781)598-1843
Data 13 December. 2004 Pages: 5,including transmittal
, I
Drgent ❑For Review ❑ASPequasWl ❑"case Comment
j
i
URGENT
Dear Mr. Saint Pierre,
This is a follow up to our letter and fax of 10 December.
Attached pleaoe Find plans and details for two steel frames intended to brace the retaining wall so that the
timbers in the street and in the sidewalk can be removed
I
Please call if there are any questions regarding this proposed scope of work. We will make a follow-up
site visit once the work.described in the letter report and in the sketches is complete, and we will provide
you with a letter attesting to the same.
j Tbank you,
Edward Moll
I
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CONSULTING
10 Dmember 2004 ENODIEERS,
INC.
Btdldimg Delalrtonent
City of Salem
120 Wasbim;ton street
Salem,MA 91970
Fes: 978-70-9846
Attemion: Mr.'Thomas Saint Pimm
Building Com
Reh remx 4 Vista Ave., Salam,MA
Initial Site Visit Sar Emergency Stabilization of Retaining Wall
Dear Mr. saint Pierre,
We reoaved a phone call yesterday fiom Arthur Diaho of Dialio construction regarding the
retaining wall boll"at 4 Vista Ave ini Salem,MA. I understand that the City contacted Disko
in older that they tsmmedist*Implement temporay,protecdon JeffReese,as engineer Bom our
office,vWWI the site yoga*as Disko was beginning the amergcaq stabilization. I&Reese
took pbotog qft that we then went over in the office. I then WW Mao ager our wojemr's
visit in order to give them our initial obeavations,and we made area Vmwts to meet again this
morning.
We endasMrd that the scope of weir for Disko',involvement as wall as for Structures North's
role b to melon the=Wuiog wall sass from fiwdw ool apse and to lave the diagonal bracing that
DMo installed yarbadayrww"d Som the efraet The flash dispod&n of the rs sWM wall,
Permanent repasts,is beyond the soope of either Dialio or Structures North's involvement
Following pi me find the limbdow of Structures North's scope,obeavations,and
recommendations:
Lbdbdons at Scope
Structures North will neither lave control over or charge of,nor be responsible for,the
construction mems,methods techniques,sequences or psocedtuv%of for the safety precaution
and program 1 in connection with the retaining wall stabilization work,since these are solely the
Contractor's 118bb and respordbUItiee. Sttuclu es North will not be required to make camdmrovs
on-site inW:dons to check the adequacy of the stabilization work as it programs.
Stratus North will not be rnpomsble for the Coningokals fits M to perform the Work,ser will
they have ocadmi over or charge of and will not be responsible for acts or omissions of the
P.O.Box 8560/60 Washington Street,Suite 401 a Salem,rlassachuse#5 01971
Voice (973)745-6817•Fax (978)745.6067
www.strudures-morth.com
DEC-10-2004 01:041 FROWStructures North 19797456067 T-249 P.003/004 F-31
4 Vista Avest.e 10 Deeembr 2004
gxINx+Mxwaehowft Struetarer Nort\Consulting Engineers
Contractor, 6uboonVaoeo %or ehvir 48saw or employees,or say other pmm or alkides
performing pxtiona of the Work.
Construction support is only a limited review of site observation of the Conhactoes work of
Pwft anoe.It is iluther agreed that the City will hold harmless,iride unify and defend
genu to res Ncsth from any CUM or suit whatsoever,including but not limited to all payments,
expenses and costs involved,arising from the Contracts performance or the failure of the
Contractor's work to conform ta the b t W of the stabilization work.
Obowntlant
The wall that collapsed ism improvised rMWM wall con along of a 61-4"high masonry fence
as top of a 12"thick up to 10'-0"high unteinforced concrete wall. 7%@ wall is buttressed on the
Vista Ave side by tapered concrete wing walls that are 12"thick by 2'-2"at the bane. JU=aro
two of these walls at 16'-0"on cantor,and than the last run of the tallest portion of the wall is
unbowed by Inftesses for the southerly 20'-0"of wall. The buttresses are also presumably
conahuctod of rm dn&rnxd tee. The base of the tetaining wall site on top of a projection
that varies than 2'-10"high,to 3'-0"high. This projection is an earth filled planting bed for part
of its length, and is a solid caacrde base for the fella end.
We took meas nanante of plumb along the wall and determined that at the fift end of the wall it
is out of plunhb 3"in T-O".Extrapolating that wall tilt ova the retained soil height of the wall is
out 71/2"in 10'-0". Extrapolation that wall tilt over the retained son height plus the masonry
few on top of the wall is out 121/2"in 16'-41/2".
The portion c f the wall dial Collapsed is at the high end that retained approximately 10'-0"of soil
and that rehraod 90 degrees f van Vista Ave. The South high moot out of plumb end of the wall
is the portion most in danger of further collapse. At this end of the wall Dialio has installed three
timber Samar that braced back to holes in the pavement and that are fastened to a vortical wood
cleat on the We of the wall. Please note that Stracgtres North has not ewhiated the timber
fraete bracintt provldsd by Dkfta. We have made$ane reoommendaton on site for improving
this bracing. T 1 e bra ft provide$$ane margin of tewwrarypvUedon, but the stabilization
technique described by Stnrcturer North folAvm in the$ecdon wukr "Recommendations,"
below.
Upon the cold apse of the south retaining wall that returns 90 devoes 6om vista Avanue,the soil
has sloughed toward the south and has surcharged a aaaller concrete block retaining wall that
>along thl:Vista Ave =ddewWL This smaller wall has dhad and is itself in danger of
The cause of the retaining wall collapse was ineufficiant capacity of the mergithally buttresses
urmhimforeeQ concrete wall precipitated by dna lateral earth pressure of the saturated cohesive
soils behind the wall that aro inrAcim ily drained.
2
DEC-10-2004 01:04!9 FROWStructursr North 16787466067 T-246 P.004/004 F-31
4 VINs Avenue 10 December 2004
Salm,Mamobasatls Straetum North Consulting Z*nana
R4+eomnsendations
The SoltowiAi reoonmendations are based on stabilization and not on permanent repairs to the
retaining wal 1. As discussed with Disko,the concern of the City is in malting the wall ease and
sectue,and it will be the property owner'srawonsibdlity to have designed and implemremted the
permanent repairs to the retaining wall. The stabilization recommendations will result in a stable
temporary 000dition that does not require bracing onto the City shed or sidewalk.
The top 4'-0"of soil,x4'-O"wide should be removed from the backside of the wall in order to
relieve the lm:oral earth pressure. This requires etrefW placement of the excavator at least 10'-0"
away fico the wall(close to the pool wall). It also requires that the excavator be moving away
gem the sooctcpiled Boil. The 4'-0"excavation should leave a stable slope,and the excavated area
thmild be pecteated tinm trespass except by authorized personnel. Note that once the excavation
is made,it will not be possible to re-aeoess the high grade area with a baddwe with without fust
perSorroing tite permanent retaining wall repairs, .
The lowered grade behind the wall should be sloped 1/8"in 1'-0"toward the south with a slight
swale and then should be tarped. Tarps should be placed from south to north should overlapped
8"so that wan mwff will contimre downhill.
The South comer of the wall should gat a temporary brace consisting of a steel time anchored to
the wall and ttupported on the existing concrete footing 3'-0" above the sidewalk. This frame
essentially telcos the place of the buttresses over the cod 20'-0"of laterally unbraced wall.
Structures Nath will issue a sketch fbr this lama
The top masomy farce should be removed Roan the south 2V-0" Lard of leaning retaining wall.
The low mas'hnry retaining wall should be removed and the grade behind it made stable with not
mon then a]:I slope toward the south. The surface of the sloping grade should be protected
from erosion using grofebric.
We have discussed dhese recommendation with Dialio construction on site,and will follow up
with sketcher and ooniinmation that the wall has baro stabilized by the removal of 4'-0"of soil
from behind he wall.
Please call manediately if you should have any questions regarding the information contained in
this leets.
Truly Vaurs,
Nr ting Engineers,Inc, nth Ol
r►
H.Nb P.E. MAIN
Ptlnu1p81 M
E„
ii
DEC-13-2004 04:171111 FRO1FStructures North 18787456067 T-257 P.001/005 F-3T
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PHONE, 1,#W74f-M17 PAX IA7a.7494067 ENGINEERS
To: Building Department,City of Salem
Attm Mr.ThomasCommissionBikini Plan 46
Budding Fax M (978)740-98
From: Edward Moll,P.E.
Re: 4 Vista Avenue Retaining Wall Collapse
CC: W.Artbor Dialio,Dtislio Construction,(781)598-1843
Date 13 Iteember 2004 Pages: 5,including transmittal
�rgeat ❑For Review ❑AsRegae W ❑P*mC0mmalt
HIM
URGENT
ibeer Mr. Saint Pierre,
This is a follow up to our letter and fax of 10 December.
Attached please find plans and details for two steel filmes intended to brace the retaining wall so that the
timbers is the street anti in the sidewalk can be removed.
Please call if there ale any questions regarding this proposed scope of work. We will make a follow-up
site visit once the work.described in the letter report and in the sketches is complete,and we will provide
you with a letter attesting to the seine.
Think you,
Edward Moll
Pejo I of I
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D'ALELIO CONSTRUCTION CO., INC. INVOICE P1 OF 2
31 Lewis Road P.O. Box 435
SWAMPSCOTT, MASSACHUSETTS 01907
Phone/Fax(781)598-1843
INVOICE NUMBER 489
DATE 12/15/2004
SOLD TO:
City of Salem Work at. Walter Richard
Building Department 4 Vista Avenue
120 Washington St Salem, MA
Salem MA 01970
Emergency Repairs to the existing
Attn Joeseph Barbeau retaining wall at 4 Vista Avenue
ordered by City Of Salem, Building Dept
leffna
Due upon Receipt
THIS IS NOT A FINAL BILL-IT IS UP TO AND INCLUDING 12/15/04.WE HAVE FURTHER WORK TO PERFORM
12/9/2004
1 FOREMAN 5 HRS @ $ 55.00 $ 275.00
1 GMC TRUCH&DRIVER 5 HRS @ $ 65.00 $ 325.00
1 COMPRESSOR&OPERATOR 5 HRS @ $ 75.00 $ 375.00
3 LABORERS 5 HRS EACH @ $ 50.00 $ 750.00
STOCK 7-6"X6"X16' PT TIMBERS $ 600.00
5-16'PLANKS $ 200.00
25'SOIL STABILIZERS $ 300.00
MEETING WITH MAYOR USOVICZ,JOE BARBEAU THE INSPECTOR AND BRUCE
THIBIDEAU,AND DAN STANWOOD.
ORDERED BY THE CITY OF SALEM TO SHORE UP THE REMAINING WALL
12/10/2004
1 FOREMAN 8 NRS @ $ 55.00 $ 440.00
1 BACKHOE&OPERATOR 8 HRS @ $ 110.00 $ 880.00
1 MINI EXCAVATOR&OP 8 HRS @ $ 110.00 $ 880.00
1 GMC TRUCK&DRIVER 8 HRS @ $ 65.00 $ 520.00
1 COMPRESSOR&OPERATOR 8 HRS @ $ 75.00 $ 600.00
2 LABORERS 8 HRS EACH @ $ 50.00 $ 800.00
50 TON LYNPAC $ 600.00
3-7/8"BOLTS $ 10.00
COMPLETED BRACING WALL-REMOVE UPPER BLOCKS REMOVE
LOAM&HAUL IN LYNPAC TO BUILD THE ROAD-EXCAVTE BEHIND THE WALL 4'X4',
MET WITH ENGINEER, ED MOLL,HE TOOK MEASUREMENTS AND
TOLD US WHAT TO DO TO MAKE WALL SAFE
D'ALELIO CONSTRUCTION CO.,INC. INVOICE P2 OF 2
31 Lewis Road P.O. Box 435
SWAMPSCOTT, MASSACHUSETTS 01907
Phone/Fax(781)598-1843
INVOICE NUMBER 489
DATE 12/15/2004
12/13/2004
1 FOREMAN 4 HRS @ $ 55.00 $ 220.00
1 BACKHOE&OPERATOR 6 HRS @ $ 110.00 $ 880.00
1 EXCAVATOR&OPERATOR 8 HRS @ $ 110.00 $ 880.00
1 COMPRESSOR&OPERATOR 6 HRS @ $ 75.00 $ 450.00
2 LABORERS 9 HRS @ $ 50.00 $ 450.00
1 PICKUP&DRIVER 3 HRS @ $ 60.00 $ 180.00
1 GMC TRUCK&DRIVER 8 HRS @ $ 65.00 $ 520.00
(4)LOADS TO DUMP $ 375.00
CONTINUE EXCAVATING BEHIND THE WALL, SLOPE DIRT AT BOTTOM
BROKE UP 12"CONCRETE WALL THAT FELL OVER AND HAUL IT AWAY
TO DUMP, REMOVE BOTTOM RETAINING WALL TO DUMP,KNOCKED
DOWN THE REST OF THE UPPER FENCE WALL
12/14/2004
1 EXCAVATOR&OP 8 HRS @ $ 110.00 $ 880.00
1 FOREMAN 3 HRS @ $ 55.00 $ 165.00
1 GMC TRUCK&DRIVER 8 HRS @ $ 65.00 $ 520.00
2 LABORERS 16 HRS TOTALS $ 50.00 $ 800.00
1 BACKHOE&OPERATOR 4 HRS @ $ 110.00 $ 440.00
(2)LOADS CONCRETE OUT $ 100.00 $ 200.00
12/15/2004
2 LABORERS 6 HRS EACH @ $ 50.00 $ 600.00
1 EXCAVATOR&OP 2 HRS @ $ 110.00 $ 220.00
CHIP FOOTING FOR BRACES-BUILD TEMPLATES FOR BRACES
TOTAL OF THIS INVOICE $ 15,335.00