155 WASHINGTON STREET - BUILDING JACKET (2) /// SMEAD
No. H163
UPC 10230
smead.com • Made in USA
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Deval L.Patrick
Governor / ryp gOggO 7homaC G.mm ssisioner P.E.
Timothy P.Murray 2�06��j� O61/6V5 P
Lieutenant Governor Q�/ L- Thomas P. kins
-
Director
Mary Elizabeth Heffernan -
Secretary G1L(LLU. -
NOTICE OF ACTION DOCKET#: 10 —097
RE: Adriatic Restaurant& Bar, 155 Washington_Street----7 Salem
1. A request for a variance was filed with the Board by Florian Cela (Applicant) on . June 14, 2010
The applicant has requested variances from the following sections of the 06 Rules and Regulations of the Board:
Section: Description:
30.6.1 Standard Accessible Toilet Stall: Standard accessible toilet stalls shall be at least 60 inches (60" = 1524mm)
wide and 72 inches (72"= 1829mm) deep. See Fig. 30a and 30b. Arrangements shown for standard
accessible toilet stalls may be reversed to allow either a left or right hand approach. Water closets in
Water closets in accessible stalls shall be located on the 60 inch (60" = 1524mm)wall and shall comply with
521 CMR 30.7, Water closets.
Petitioner seeks a variance to provide a 60 inch by 60 inch accessible toilet stall, instead of the required 60
inch wide by 72 inch deep stall dimension.
2. The application was heard by the Board as an incoming case on Monday, July 12, 2010
3. After reviewing all materials submitted to the Board, the Board voted as follows:
-DENY the variance requested for 521 CMR 30.6.1, regarding the accessible toilet stall overall size, based on the fact
that the Petitioner had not proven that compliance would be impracticable, as defined by 521 CMR 5.
PLEASE NOTE.•All documentation (written and visual) verifVing that the conditions of the variance
have been met must be submitted to the AAB Office as soon as the required work is completed.
Any person aggrieved by the above decision may request an adjudicatory hearing before the Board within 30 days of
receipt of this decision by filing the attached request for an adjudicatory hearing. If after 30 days, a request for an
adjudicatory hearing is not received, the above decision becomes a final decision and the appeal process is through
Superior Court,
Date: July 13, 2010 46 64e
� (
cc: Local Disability Commission Chairperson � U
Local Building Inspector ARCHITECTURAL ACCES BOARD
Independent Living Center
The Commonwealth of Massachusetts
Department of Public Safety Docket Number
Architectural Access Board
One Ashburton Place;Room 1310
(Office Use Only)
Boston Massachusetts 02108-1618
Phone: 617-727-0660
Fax: 617-727-0665
www.mass.gov/dps
REQUEST FOR ADJUDICATORY HEARING
RE:
Name and address of building as appearing on application for variance
I, do hereby request that the Architectural Access Board
conduct an informal Adjudicatory Hearing in accordance with the provisions of 801 CMR Rule 1.02 et.
seq. as I am aggrieved by the decision of the Board with respect to Section(s)
of the Rules and Regulations of the Architectural Access Board, 521 CMR.
I understand that I may request such a hearing within thirty (30) days of receipt of the Notice of Action.
Date:
Signature
PLEASE PRINT:
Name
Address
City/Town State Zip Code
E-mail
Telephone
PLEASE NOTE:
This form must be received by the Board within thirty (30) days after receipt of the Notice of Action.
Rev, 01%10
d
DevalL. Patrick.:!'
Governor �/ y _ Thomas G.Gatzuner P.E.
/lOILPi /L Commissioner
Timothy P.Murray
lieutenant Governor 19y
Qv 6��j_O66rJ\ _ Thomas P.Hopkins
Director
Mary Elizabeth Heffernan
Secretary - uJLIJCa'•7lL¢dA'.6at/' ��Ld -
RESCHEDULED HEARING NOTICE '
RE: Adriatic Restaurant & Barrl55"Washington Street,Sale
You are hereby notified that an informal adjudicatory hearing before the Architectural Access .
Board has been rescheduled for you to appear on Monday, November 1, 2010 at 3:00 P.M. I
One Ashburton Place; 21st Floor, Boston, MA.
This hearing is upon an application for variance filed by Florian Cela for modification
of or substitution of the following Rules and Regulations: Section 30.6.1 Toilet Stall
A copy of the application is available for public inspection during regular business hours.
This hearing will be conducted in accordance with the procedures set forth in M.G.L., c. 30A,
and 801 CMR 1.02, the Informal/Fair Hearings Rules. At the hearing, each party may be
represented by counsel, may present evidence and may cross examine opposing witnesses.
Date: August 12, 2010 ARCHITECTURAL ACCESS BOARD
Chairperson
�cc: Independent Living.Center
Local Building Inspector
Local Disability Commission
Please turn off all cell phones and pagers while the Board is in session:
1d
xylv
Deval L.Patrick
Governor. ��J/ yThomas G.Gatzunis,P.E.
eJ'JlOfLPi /- Commissioner
Timothy P.Murray •y ry y
Lieutenant Governor - �QQ' 6�/-/�/-�6�rj\ - Thomas P.Hopkins
_ 1 Director
Mary Elizabeth Heffernan _
Secretary u1GfCly 9lGlLdd�-P'W �LG' -
TO: Local.Building Inspector Variance Number: 10 097
Local Disability Commission
Independent Living Center
FROM: ARCHITECTURAL ACCESS BOARD
RE: Adriatic Restaurant-&-Bar
0-55 Washington-Street-
Salem
Date:. 8/12/2010
Enclosed please find the following material regarding the above location:
:/pplication for Variance Decision of the Board
Notice of Hearing � �� _Correspondence
_Letter of Meeting
The purpose of this memo is to advise you of action taken or to be taken by
this Board. If you have any information which may assist the Board in reaching
a decision in this case, you may call this office or you may submit comments in.
writing.
1
Deval L.Patrick � ' �
Governor ThomaCommissioner
P.E.
Timothy P.•Murray rJ'1E011,Pi /y y/pLy
Lieutenant Govemora,Ct- 67/-/G/-O6�r� Thomas P.Hopkins
Director
Mary Elizabeth Heffeman �
Secretary /
TO: Local Building Inspector Variance Number:lo 097
Local Disability Commission
Independent Living Center
FROM: ARCHITECTURAL ACCESS BOARD
RE: Adriatic Restaurant & Bar
1.5.5 Washington Street
Salem
Date: 7/13/2010
Enclosed please find the following material regarding the above location:
Application for Variance ✓ Decision of the Board
Notice of Hearing _Correspondence
_Letter of Meeting
The purpose of this memo is to advise you of action taken or to be taken by
this Board. If you have any information which may assist the Board in reaching
a decision in this case, you may call this office or you may submit comments in
writing.
SDA Schopf Design Associates
Architecture. Interior Design. Documentation. Construction Administration
One Cambridge Street
Salem,Massachusetts
01970
978-741-0410
July 8, 2010
Lieutenant Erin Griffin
Salem Fire Department
Salem, Massachusetts
Regarding the building located at315=317 Essex Street
The Building was erected after 1885. It was extensively altered in the 1920s and a
1-story addition was added to the rear of the building in the 1950s.
The scope of proposed renovation includes reconstruction of interior including
removal/replacement of non-load bearing framing, all finishes and all systems.
Exterior renovations include reconstruction of the front exterior faiade,
replacement and relocation of windows and doors, replacement of exterior
clapboards to the extent required to execute the final design scheme and raised
dormers at the attic on the sides and rear to provide'additional headroom in
bedrooms and bathrooms to be constructed on that floor.
When complete the building will have 3 condominium dwellings on the first
floor and three condominium dwellings on the second floor where two of the
units are townhouses utilizing the expanded attic.
The existing building is a 2-story wood frame structure with an attic and
basement. The ground floor footprint is 3,500 SF.
TABLE 503 ALLOWABLE HEIGHT AND BUILDING AREAS
Group Building Type Permitted height Permitted Area
Group R2 (a,d) Type 5B 2 stories 7,000 SF
Actual Existing Building 2 stories 3,530 SF
a. As applicable in 780 CMR 101.2
d. For purposes of allowable height and building area, Town Houses shall be treated
as R2 use.
1
The existing building meets the requirements of Table 503 for 5B construction
without adjustments for frontage or fire suppression. No fire suppression is
required during the demolition and construction phases of the project.
As part of the renovation fire suppression and alarm equipment will be provided
In compliance with Chapter 148: Section 26I.for multiple dwelling units and new
construction.
When the renovation is complete the building will then meet all the requirements
of Table 503 for an R2 use in a 5B building under the provisions of 504.2 as to
height and area limitation.
504.2 Automatic Sprinkler System Increase. Where a building is equipped
throughout with an approved automatic sprinkler system. ........ For Group R
buildings equipped throughout with an approved automatic sprinkler system in
accordance with 780 CMR 903.3.1.2, the value specified in Table 503 for
maximum height is increased by 20 feet (6096 mm) and the maximum number of
stories is increased by one story,but shall not exceed four stories or 60 feet (18
288 mm),respectively.
A full set of construction documents will be provided for review by the fire
department as part of the final permit submission during the week of July 12,
2010.
If you have any questions please feel free to give me a call.
Morris Schopf, RA Mass 5125
1 Cambridge Street, Salem, MA
01970
cc: Ray Young
Steve Morris
Tom McGrath
2
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Deval L.Patrick '9 61/-✓L/K/66f� Thomas G.Gatzunis,P.E.
Governor p Commissioner -
Timothy P.Murray `� Thomas P.Hopkins
Lieutenant Governor Director
Mary Elizabeth Heffernanba
Secretary
FINAL"DECISION OF THE ARCHITECTURAL ACCESS BOARD
Dater November 17, 2010
Name of Property: Adriatic Restaurant and Bar
Property Address: 155 Washington Street, Salem,MA
Docket Number: V10-097
Date of Hearing: November 1,2010
Date of Administrative Discussion: November 15,2010
Enclosed please find a copy of the decision relative to the above mentioned matter.
Sincerely:
ARCHITECTURAL.ACCESS BOARD
By: �n
Kate Sutton, Program Coordinator/Clerk for Proceedings
cc: Local Building Inspector
Local Commission on Disabilities
Local Independent Living Center
Page 1 of 4
SAP.ABWSuttonWgenda's and Results\DECISIONS\2010\1 101 10\Adriatic Restaurant&Bar,155 Washington St.,Salem.doc
COMMONWEALTH OF MASSACHUSETTS
SUFFOLK,ss ARCHITECTURAL ACCESS BOARD
Docket No. VIO-097
In re )
Adriatic Restaurant and Bar )
155 Washington Street )
Salem, MA )
BOARD DECISION
Introduction
This matter originally came before the Architectural Access Board(`Board") as a variance request
received by the Board on June 14, 2010,pursuant to 521 CMR 4.00, and submitted by Florian Cela("Petitioner").
The Petitioner requested variances for 521 CMR 30.6.1,regarding the lack of compliant dimensions for an added
standard accessible toilet stall in the existing women's room.
In accordance with M.G.L. c. 30A, §§ 10 and 11; 801 CMR 1.02 et. seq.; and 521 CMR 4.00,the Board
convened a hearing on November 1, 2010 where all interested parties were provided with an opportunity to testify
and present evidence to the Board.
Florian Cela and Mervin Kurti, owners of the Adriatic Restaurant and Bar, appeared on their own behalf.
Tom McGrath, Assistant Building Inspector for the City of Salem, appeared on behalf of the City of Salem. All
those offering testimony were swom in.
.r
Applicable Laws
The Board's jurisdiction is established pursuant to 521 CMR 3.3.1 a,which requires that, "If the work
being performed amounts to less than 30%of the full and fair cash value of the building and...a. if the work costs
less than $100,000, then only the work being performed is required to comply with 521 CMR...."
Pursuant to 521 CMR 9.4, "Standard Accessible Toilet Stall: Standard accessible toilet stalls shall be at
least 60 inches (60" = 1524mm)wide and 72 inches (72" = 1829mm) deep. See Fig.30a and 30b. Arrangements
shown for standard accessible toilet stalls may be reversed to allow either a left- or right-hand approach. Water
closets in accessible stalls shall be located on the 60 inch(60" = 1524mm) wall and shall comply with 521 CMR
30.7,Water closets."
Exhibits
Page 2 of 4
SAAABQCSutton\AgendaN and Results\DECIS IONS\2010U 10110Wdriatic Restaurant&Bar,155 Washington St.,Salem.doc
Exhibit 1: Board Packet, AAB1-16, including all correspondence and plans submitted by Petitioner.
Facts
The Variance Hearing was held on November 1, 2010 and based on the credited testimony of the witness,
and the documents submitted, the Board finds the following facts:
1) .The property in question is a restaurant and bar located at the first floor. It consists of two dining areas, a
kitchen,restrooms, support spaces and storage. The total square footage of the restaurant is 3,100.
(Exhibit 1).
2) The Petitioners had installed an additional toilet within the women's toilet room (previously a single user
stall) to meet the occupancy requirements and the needs of their customers. The Building Department had
not yet changed the occupancy,but that the new occupancy will require 3 water closets. The previous
restaurant was allowed to use a single fixture men's and women's room with the capacity set at 80. The
capacity for thenew restaurant remains at 80. The Petitioners propose to use the exterior patio seasonally,
which would increase their capacity during those months. (Exhibit 1 and Testimony of Cela and
McGrath).
3) The accessible stall within the women's room is 5 feet by 5 feet, when 5 feet by 6 feet is required. The
Petitioners stated that the location of the restroom makes it difficult to enlarge, due to the location of the
toilet on the outside wall, the adjacent existing walk-in cooler, and the requirements for width at the
adjacent corridor. (Exhibit 1).
Analysis
The Board's jurisdiction is established pursuant to 521 CMR 3.3.la, which requires that, "If the work
being performed amounts to less than 30% of the full and fair cash value of the building and...a. if the work costs
less than $100,000, then only the work being performed is required to comply with 521 CMR...." Since the
proposed work is the installation of the new toilet and accessible stall, said work is required to comply in full with
the applicable requirements of 521 CMR.
The Petitioners came before the Board seeking a variance from 521 CMR 30.6.1, regarding the lack of
compliant dimensions at the accessible toilet stall within the.women's room. The Petitioners noted that they had
not looked into making just the stall to the accessible toilet deeper with a 32 inch door instead of the current 36
inch door. Based on these facts,the Board voted to continue this matter to allow for the Petitioners to submit
more information by November 12, 2010, with fiutherconditions set forth below.
Conclusion
After reviewing the matter, the Board voted as follows:
o CONTINUE this matter to have the Petitioners submit a feasibility study for making the accessible
stall within the women's room as compliant as feasible by November 12, 2010.
On November 9, 2010,the Board received a copy of the proposed design for the accessible toilet stall at
the women's restroom at the Adriatic Restaurant and Bar, located at 155 Washington Street in Salem. The Board
reviewed the submittal during an administrative discussion at their regularly scheduled November 15, 2010
meeting and voted as follows:
Page 3 of 4
SARA \KSutton\Agenda's and Results\DEC1S10NS12010\110110\Adrlatic Restaurant&Bar,155 Washington St.,Salem.doc
— ACCEPT the November 3, 2010 Peter Gearhart plan of the accessible stall in the women's
restroom of the property in question,with the understanding that the stall will be modified as
proposed as soon as possible and that both written and visual verification will be submitted to the
Board upon completion.
— EXPEDITE the decision of the Board and include it with the November 1, 2010 decision of the
Board,therefore bypassing the Board's approval of the decision prior to it being sent out.
PLEASE NOTE:All documentation (written and visual) verifying that the conditions of a variance have been met,
or the required work has been done must be submitted to the AAB Once as soon the work is completed
A true copy attest, dated: November 17; 2010
ARCHITECTURAL ACCESS BOARD
By:
Ok W,4
Donald Lang,Chairman Diane McLeod, Vice Chair(not present)
Myra Berloff, Director of Massachusetts Office Richard Flippin, Executive Office of
on Disability Elder Affairs Designee (not present)
Gerald LeBlanc,Member(not present) Carol Steinberg,Member(not present)
D. Mark Trivett,Member Walter White, Executive Office of Public
Safety Designee
This constitutes a final order of the Architectural Access Board entered pursuant to G.L. c. 30A. Any aggrieved
person may appeal this decision to the Superior Court of the Commonwealth,of Massachusetts pursuant to Section
14 of G.L. c.30A. Any appeal must be filed in court no later than thirty (30) days of receipt of this decision.
A complete administrative record is on file at the,office of the Architectural Access Board.
Page 4 of 4
S:V,AB\KSuttonWgenda's and Results\DECISIONS\2010\110110\Adriatic Restaurant&Bar,155 Washington St.,Salem.doc
AAB' Hearing Packet
ilame Adriatic Restaurant & Bar Docket# V 1.0 -097
Address 155 Washington Street Docket C -
city Salem Wearing 11/1/2010
Bldg Type Commercial Time of hearing 3:00 P.M.
Complalnrs Name Plans on file?
Complaint 7 NO Variance? YES Request for continuance?
Jurisdiction: 3.3.1.a. if the work costs less than $100,000, then only the work being performed is
required to comply with 521 CMR
EXHIBIT #1
Building $34,500AAB 1 thru 16
Permits:
€ V10-097
AsSe33ed $1,176,800
Value:
Variances to be addressed:
30.6.1 Standard Accessible Toilet Stall: Standard accessible toilet stalls shall be at least 60 inches
wide and 72 inches deep. See Fig. 30a and 30b. Arrangements shown for standard accessible toilet
stalls may be reversed to allow either a left- or right-hand approach. Water closets in accessible
stalls shall be located on the 60 inch wall and shall comply with 521 CMR 30.7, Water closets.
Petitioner seeks a variance to provide a 60 inch by 60 inch accessible toilet stall instead of the
required 60 inch by 72 inch deep stall dimension. Refer to the plans on AAB 14 and AAB 15.
Complaints to be Addressed:
Comments:.
Petitioner proposes to add a toilet in the existing Women's restroom. The Adriatic Restaurant & Bar is
refurbishing the space of a former restaurant. The proposed addition of a toilet in the Women's room
makes it unusable for persons in wheelchairs, They are proposing a stall of 5 feet by 5 feet which does
not work. The approach for a person using a wheelchair would be to back into the stall to be able to
close the door and transfer onto the toilet. The toilet as it exists now complies with the front and side
clearances set in 521 CMR 30.6.1. Section 3.3.4 states that"No alteration shall be undertaken which
decreases or has the effect of decreasing accessibility or usability of a building or facility below the
requirements for new construction."
The Independent Living Center sent a letter supporting the request for variance (See AAB 2 & 3)
The Board needs to find out whether the added fixture is needed to increase the occupancy of the
restaurant.
The motion of the Board should reflect "it would or wouldn't result in excessive and
unreasonable costs without any substantial benefit to persons with disabilities", or that "it
would or wouldn't be technologically infeasible to comply."
AAB 1
Hopkins, Thomas (DPS)
>t
From: Shawn McDuff[smoduff@ilcnsca.org]
Sent: Monday, October 04, 2010 4:25 PM
To: Hopkins, Thomas(DPS)
Cc: Moore, Mary Margaret
Subject: RE: response to variance request for Adriatic Restaurant and Bar
Thank you.Shawn
From: Hopkins,Thomas(DPS)-[mailto:Thomas Hopkins@state.ma us]
Sent: Monday, October 04, 2010 2:42 PM
To: Shawn McDuff
Subject: RE:response to variance request for Adriatic Restaurant and Bar
Thank you Shawn,
The board and its staff appreciate the time you take to comment on the variance proposals that are before us.l.wiilbe
sure that the Board sees your comments when the case is reviewed.
My Best to you and yours.
Thomas P. Hopkins
Executive Director
Architectural Access Board
One Ashburton Place -Room 1310
Boston,MA 02108
617-727.0660
Fax:617-727-0665
www.mass.gov/dos
From:Shawn McDuff[malito:smcduff@ilcnsca.org]
Sent: Monday, October 04, 2010 2:42 PM
To: Hopkins,Thomas(DPS)
Cc: Moore, Mary Margaret;Jim Nowlan; vinnie
Subject: response to variance request for Adriatic Restaurant and Bar
Dear Mr. Hopkins,
On Friday, September 24, 2010,the Independent Living Center of the North Shore and Cape Ann,
Inc. (ILCNSCA) conducted a site visit of the Adriatic Restaurant and Bar in Salem in order to review
the women's restroom, for which a variance has been requested. The request seeks exemption from
Section 30.6, as it pertains to the dimensions of the women's accessible toilet stall. The proposed
toilet stall would measure 60 Inches wide by 60 inches deep and the door to the stall would open '
outward. We feel that this proposed stall will sufficiently accommodate a person using a wheelchair,
and we also recognize that it meets the ADA accessibility guidelines. ILCNSCA recommends that the
AAB grant this variance. We would further suggest that the current men's room,"a fully accessible
single user restroom, serve a dual purpose and also be available as an accessible family restroom,
which would provide a larger unisex stall if needed by a female patron.
1
AAB 2
If you have any questions or need further assistance, please contact me at 978-741-0077 ext. 140 or
by e-mail at smcduff(a)ilcnsca.org,
Shawn McDuff, Deputy Director
Independent Living Center of the North Shore and Cape Ann, Inc.
27 Congress St., Suite 107
Salem, MA 01970
(978) 741-0077 Ext. 14, Voice
(978) 745-1735 TTY
(978) 741-1133 Fax
E-mail: smcduff@ilcnsca.org
Web Page: www,ilcnsca.org
z
AAB 3
Iiopkins, Thomas (DPS)
From: John Gorman Ufgorman3@yahoo.coml
Sent: Monday,October 04,2010 3:21 PM
To: Hopkins,Thomas(DPS)
Subject: Norwood Theatre
Tom,
I'm trying to finish putting this submission together and I am stymied by the door to the concealed wheelchair
lift. I know'I need a variance, but is it a variance for the door(which is what needs to be opened for the person
in the wheelchair)or is it a variance for the controls(which are not accessible)or what?
Please give me a call on my cell 617-285-2666.
Thanks,
John
I
i
AAB 4
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.:.::Uevat L Palrlck e.000OfG• �L66d6f/'i.¢dGLtb ���Q��II�O
Governor /s71/ �ij y� le��O Thomas G.Gattunls,P.E.
a!`1109GPi li-! Commissloner
Tlmoft P.MumyM�y yy�yy
Lleutenard Govenmr a7O,RJ 67/YL/-066a5� Thomas P.Hopklm
Mary EllzabeM HaHeman .r Oireda
Secretary 9zXeeWIy.l�c¢dd
' RESCHEDULED HEARING NOTICE
RE: Adriatic Restaurant& Bar,155 Washington Street, Salem
You are hereby notified that an Informal adjudicatory hearing before the Architectural Access .
Board has been rescheduled for you to appear on Monday, November 1, 2010 at 3:00 P.M.
One Ashburton Place, 21st Floor, Boston, MA.
This hearing is upon an application for variance filed by Florian Cela for modification
of or substitution of the following Rules and Regulations: Section 30:6.1 Toilet Stall
A copy of the application is available for public inspection during regular business hours.
This hearing will be conducted in accordance with the procedures set forth in M.G.L., c. 30A,
and 801 CMR 1.02, the Informal/Fair Hearings Rules. At the hearing, each party maybe
represented by counsel, may present evidence and may cross examine opposing witnesses.
Date: August 12, 2010 ARCHITECTURAL ACCESS BOARD
Chairperson
�cc: Independent Living Center'
Local Building Inspector
Local Disability Commission
Please turn off all cell phones and pagers white the Board is in session. .
AAB 5
The Commonwealth of Massachusetts
Department of Public. Safety Docket Number
Architectural Access Board
One Ashburton Place, Room 1310 totem We oeryl
Boston Massachusetts 02108-1618
Phone: 617-727-0660 �)
Fax:617-727-0665
www.mass: ov/d s
REQUEST FOR ADJUDICATORY HEARING
RE ADR #f 6 GROUP LLC A IZ[#7-ic&bywennlrg9010- 1 ST W49elA.lrtgds y S&-cof
Name and address of building as appearing on application for variance
I, F'L06VCL do hereby request that the Architectural Access Board
conduct an informal Adjudicatory Hearing in accordance with the provisions of 801 CMR Rule 1.02 et
seq. as I am aggrieved by the decision of the Board with respect to Section(s) 521 C14f2 300 6.1
of the Rules and Regulations of the Architectural Access Board, 521 CMR.
I understand that I may request such a hearing within thirty (30)days of receipt of the Notice of Action.
Date: 9/9 1144
Signature
PLEASE PRINT: LO���IU C �L
Name
$8
Address
City/Town State Zip Code
T
DEPARTMENT.
EPE�l
PpFrT!Ik
I CeBtd
Lott ,
AUG
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0 ?010 EE-mai
4 qj
ACCESS PJh� _
Telephone.
PLE2�8E NOTE:
This form must be received by the Board within thirty (30)days after receipt of the Notice of Action.
Rev, 01/10
AAB
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o1LPi.XY6/S(X't. y/. MI.ala
Deval L.Patrick �j/ y ry�y
Governoral(�-/L�yO''lC& 67/y�oLy ThomacommisalonerTimP.E.
LieutenantnaGovernP. or e7�;v 6l-ewaee Thomas P.Hopkins
. .Director
Mary Ellubeth Heffernen ,r/seoretiry
JCOY6 �J�„ ,
NOTICE OF ACTION DOCKET M 10 —097
RE: Adriatic Restaurant&Bar, 155 Washington Street Salem
1.. A request for a variance was filed with the Board by Florian Cela (Applicant)on June 14,2010
The applicant has requested variances from the following sections of the 06 Rules and Regulations of the Board:
Section: Description:
30.6.1Standard Accessible Toilet Stall: Standard accessible toilet stalls shall be at least 60 Inches(60P'= 1524mm)
wide and 72 Inches(72"= 1829mm)deep. See Fig.30a and 30b. Arrangements shown for standard
accessible toilet stalls may be reversed to allow either aleft or right hand approach. Water closets In
Water closets in accessible stalls shall be located on the 60 Inch(60"= 1524mm)wail and shall comply with
521 CMR 30.7,Water closets.
Petitioner seeks a variance to provide a 60 inch by 60 inch accessible toilet stall,instead of the required 60
Inch wide by 72 inch deep stall dimension.
2. The application was heard by the Board as an Incoming case on Monday, July 12,2010
3. After reviewing all materials submitted to the Board,the Board voted as follows:
-DENY the variance requested for 521 CMR 30.6.1.regarding the accessible toilet stall overall size,based on the fact
that the Petitioner had not proven that compliance would be impracticable,as defined by 521 CMR 5.
r
PLEASE NOTE:All documentation(written and visual)verifVfng that the conditions of the variance
have been met must be submitted to the AAB Office as soon as the required work is completed.
Any person aggrieved by the above decision may request an adjudicatory hearing before the Board wfthln 30 days of .
receipt of this decision by(ling the attached request for an adjudicatory hearing. If after 30 days, a request for an
adjudicatory hearing is not received,the above decision becomes a final decision and the appeal process is through
Superior Court.
Date: July 13,2010
cc: Local Disability Commission ChairpersonRD
Local Building Inspector ARCHITECTURAL ACCE BOAAAB 7
Independent Living Center
J�e T�am�no�ue��ez�a��2�QQa�c��aulef�i
IWO alUJC,
Devat L.Petrick "" • a�aaeaieP'>rta.O��O�����
G°"""° AX to 6!l'-7z ,gaffe Thomas G.GaP.E.
Commissioner
Timothy P.Murray
Lieutenant Governor 6' ,�P1O66�' Thomas P.Hopkins
Director
Mary Elizabeth Heffernan J
Secretary t!/tOCO.JJLILdJ-�oa/�2d
RECORD OF VOTE
DATE: July 12, 2010 Sound File#
CASE: Adriatic Restaurant& Bar, 155 Washington Street, Salem
DOCKET: V10-097
PRESENT ABSENT
Myra-BeP O f,
Richard Flippin
Donald Lang
Gerald LeBlanc
Diane McLeod
Carol Steinberg
D. Mark Trivett
Walter White
MADE MOTION TO: YES NO ABSTAIN
Myra Berioff —
Richard Flippin —
Donald Lang —
Gerald LeBlanc _
Diane McLeod _
Carol Steinberg —
D. Mark Trivett —
Waiter White
MADE MOTION TO: YES NO ABSTAIN
Myra Berioff —
Richard Flippin —
Donald Lang
Gerald LeBlanc _
Diane McLeod _
Carol Steinberg
D. Mark Trivett _
Walter White
AAB 8
The Commonwealth of Massachusetts
Department of Public Safety DocketNumber
Architectural Access Board y
One Ashburton Place, Room 1310 (Office use 1
Boston Massachusetts 02108-1618
Phone:617-727-0660
Fax:617-727-0665
W'WW.Mass.gov/dps
APPLICATION FOR VARIANCE
In accordance with M.G.L., c.22, § 13A, t hereby apply for modification of or substitution for the
rules and regulations of the Architectural Access Board as they apply to the building/facility
described below on the grounds that literal compliance with the Board's regulations is
impracticable in my case.
PLEASE ENCLOSE--
1)
NCLOSE-1) A filing fee of$50.00 (Check/Money Order) made payable to the "Commonwealth of
Massachusetts" and all supporting documentation (e.g. plans in 11" x 17"format,
photographs, etc.). In addition, the complete package (including plans and
photographs)must be submitted via one compact disc.
2) If you are a tenant seeking variance(s), a letter from the owner of the building
authorizing you to apply on his or her behalf Is required.
3) The completed "Service Notice"form provided at the end of this application certifying
that a copy of your complete application has been received by the Local Building
Inspector, Local,Disability Commission (if applicable), and Local Independent Living
Center for the cityltown that the property in question resides in. A list of the local
entities can be found by calling the Architectural Access Board Office or the Local
City/Town Clerk. For a dist of the Local Independent Living Centers you can either call
the Architectural Access Board Office or visit the Massachusetts Statewide
Independent Living Council website at htto:l/www.masiic.org/membershia/cils.
1, State the name and address of the owner of the building/facility:
_RCG - Washington at Derby LLC c/o RCG LLC - Suite 202A
120 Washington Street Salem MA 01970
E-mail:
Telephone: 617-625-8315
Page t of 5 Rev,Otff4B 9
2. State the name and address of the building/facility:
Adriatic Group LLC
dba Adriatic Restaurant & Bar
155 Washington Street
Salem, MA. 01970
3. Describe the facility(i.e.number of floors, type of functions, use, etc.):
Restaurant. Located on the first floor and comprised of two dining areas kitchen
restrooms, support spaces and storage.
4. Total square footage of the building:14.312 - Per floor: +/- 4.750
a, total square footage of tenant space (if applicable): 3.100 SF
5. Check the work performed or to be performed:
New Construction _ Addition
X Reconstruction/Remodeling/Alteration — Change of Use
6. Briefly describe the extent and nature of the work performed or to be performed (use
additional sheets if necessary):
Proposed work would alter the existing accessible women's restroom by adding an
additional toilet.
7. State each section of the Architectural Access Board's Regulations for which a variance Is
being requested:
7a. Check appropriate regulations:
1996 Regulations 2002 Regulations X 2006 Regulations
SECTION NUMBER LOCATION OR DESCRIPTION
30.6.1 Women's Restroom - Standard Accessible Toilet Stall Dimensions
8. Is the building historically significant? X yes no. If no, go to number 9.
8a. If yes, check one of the following and indicate date of listing:
X National Historic Landmark
Listed individually on the National Register of Historic Places
X Located in registered historic district
X_ Listed in the State Register of Historic Places
Eligible for listing
8b. If you checked any of the above and your variance request is based upon the
historical significance of the building, you must provide a letter of determination from the
En Massachusetts Historical Commission, 220 Morrissey Boulevard, Boston, MA 02125.
Page 2 of 5 Rev,t)111U 10
9. For each variance requested, state in detail the reasons why compliance with the Board's
regulations is Impracticable (use additional sheets if necessary), Including but not limited
to: the necessary cost of the work required to achieve compliance with the regulations
(i.e. written cost estimates); and plans justifying the cost of compliance.
The Adriatic Restaurant& Bar is refurbishing the space of a former restaurant, The
Edgewater Cafa. Edgewater operated without adequate toilets in the Women's
Restroom. Based on 248 CMR Comm. of Mass. Fuel Gas and Plumbing Code,
Section 10.10 Table 1, and the existing occupancy loads of the facility, the Women's
Restroom requires two toilets and the existing restroom has one toilet. The existing
single user restroom is not large enough to add a toilet stall of the required 72"
depth dimension under 521 CMR. The location of the restroom makes it extremely
difficult to enlarge. It Is located on an outside wall, and is abutted by an adjacent
tenant, an existing walk-In cooler, and the Men's and Women's Restroom's access
corridor. I respectfully request that a variance allowing a 60" deep stall, meeting
Federal ADA requirements, be granted.
10. Has a building permit been applied for? YES
Has a building permit been Issued?YES
10a. If a building permit has been Issued, what date was it issued? -25-2010
10b. If work has been completed, state the date the building permit was issued for said
work:Work has not been completed.
11. State the estimated cost of construction as stated on the above building permit:
$34,500
11a. If a building permit has not been Issued, state the anticipated construction cost:
12. Have any other building permits been issued within the past 36 months? NO
12a. If yes, state the dates that permits were Issued and the estimated cost of
construction for each permit:
13. Has a certificate of occupancy been Issued for the facility? NO
If yes, state the date:
14. To the best of your knowledge, has a complaint ever been filed on this building relative to
accessibility? yes X no
15. State the actual assessed valuation of the BUILDING ONLY, as recorded in the
Assessor's Office of the municipality in which the building Is located: $1,176,800
Is the assessment at 100%?
If not, what is the town's current assessment ratio?
Page 3 of 5 Rev, 1Q (7(I 11
16. State the phase of design or construction of the facility as of the date of this application:
Construction ongoing.
17.State the name and address of the architectural or engineering firm, Including the name
of the Individual architect or engineer responsible for preparing drawings of the facility:
Peter Gearhart—c/o Architectural Renovations
85 Exchange Street—Suite L2
Lynn, MA. 01901
E-mail: petergearhart(o)verizon.net
Telephone:781-715-1230
18.State the name and address of the building inspector responsible for overseeing this
project:
Thomas McGrath—Assistant Building inspector
c/o Building Department
City of Salem
120 Washington Street—3'd Floor
Salem, MA. 01970
E-mail:
Telephone: 978-745-9595 X5644
Date: June 10, 2010
Signature of owner or authorized agent
PLEASE PRINT:
Florian Cela
Name
498 Essex Street
Address
UEPART�NT�J.�_r...- -.---SAFET"
Lynn, MA. 01902
Citylrown State Zip Code
JUN 1 � 2010
n,RCHiTEC1URAL ACCESS BOARD E-mail
781-888-2497
Telephone
(j Page 4 of 5 Rev,01/10
" AAB 12
ARCHITECTURAL ACCESS BOARD VARIANCE APPLICATION
SERVICE NOTICE
I, Florian Cela, as Building Tenant and Owner of Adriatic Restaurant & Bar
for the Petitioner Adriatic Group LLC —dba Adriatic Restaurant & Bar submit a variance
application filed with the Massachusetts Architectural Access Board on June 10 , 2010.
HEREBY CERTIFY UNDER THE PAINS AND PENALTIES OF PERJURY THAT I SERVED OR
CAUSED TO BE SERVED, A COPY OF THIS VARIANCE APPLICATION ON THE FOLLOWING
PERSON(S) IN THE FOLLOWING MANNER:
NAME AND ADDRESS OF PERSON OR AGENCY METHOD OF SERVICE DATE OF
SERVED SERVICE
Thomas McGrath-Asst. Building Inspector
1 City of Salem Building Department
120 Washington Street—3rd Floor U.S.P.S. JUNE 10, 2010
Salem MA. 01970
Jean Levesque -ADA Coordinator
2 Salem City Hall
93 Washington Street U.S.P.S JUNE 10, 2010
Salem MA. 01970
Mary Margaret Moore- Executive Director
Independent Living Center of the North
3 Shore and Cape Ann Inc. U.S.P.S. JUNE 10, 2010
27 Congress Street—Suite 107
Salem MA. 01970
AND CERTIFY UNDER THE PAINS AND PENALTIES OF PERJURY THAT THE ABOVE
STATEMENTS TO THE BEST OR MY KNOWLEDGE ARE TRUE AND ACCURATE.
Signature: Appellant or Petitioner
On the /0 Day of , J ufL-J� . 2010
PERSONALLY APPEARED BEFORE ME THE ABOVE NAMED: FLORIAN CELA
(Type or Print the Name of the Appellant)
NOTARY PUBLIC MY COMMISSION EXPIRES
D Page 5 of 5 Rev,01/10
AAB 13
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June 2, 2010 Washington at Derby LLC
C/O RCG LLC
17 Ivaloo Street
Adriatic Group LLC Somerville,MA 02143
165 Washington Street 120 Washington Street,Suite 202A
Salem, MA 01970 Salem,MA 01970
T617 625 8315
F 617 625 6345
Dear Vinny&Florian, www.RCG-LLC.com
Per our discussion today, please accept this letter as permission granted by RCG LLC agent for
Washington at Derby LLC(Landlord)for you as the owner of the Adriatic Group LLC (Tenant of 155
Washington St.)to seek a variance from the Architectural Access Board of Massachusetts In regards to
the bathrooms associated with the premises.This permission is in accordance with the design as
previously presented to the Landlord.
Regard
AlexandS
On Behalf of Washington at Derby LLC
1
AAB 16
01
Id
Deval L.Patrick
Governor �t)I/ pThomas G.Gatzuner P.E.
�J'JLIJIe:Pi G
Commissioner
Timothy P:Murray (�
Lieutenant Governor '9 av 6l"7170665 Thomas P.Hopkins
Director
Mary Elizabeth Heffernan /
Secretary ez-evez-.
TO: Local Building Inspector Variance Number: 10 097
Local Disability Commission
Independent Living Center
FROM: ARCHITECTURAL ACCESS BOARD
RE(- Adriatic Restaurant &
155 Washington Street
Salem
Date: 8/10/2010
Enclosed please find the following material regarding the above location:
/Notice
for Variance _Decision of the Board
�/ Notice of Hearing _Correspondence .
Letter of Meeting
The purpose of this memo is to advise you of action taken or to be taken by
this Board. If you have any information which may assist the Board in reaching
a decision in this case, you may call this office or you may submit comments in
writing.
u �
Deval L.Patrick 'd'
Governor �iX/ yThomas G.Gatzunis,P.E.
ej`1llJ1LPi /L Commissioner
Timothy P.Murrayy�y
Lieutenant Governor J 011' 6�j_/G/-Q66j _ Thomas P.Hopkins
Director
Mary Elizabeth Heffernan
Secretary. G!/LliClf'•771�d
VARIANCE HEARING
RE: Adriatic Restaurant & Bar , 155 Washington Street, Salem
You are hereby notified that an informal adjudicatory hearing before the Architectural Access
Board has been scheduled for you to appear on Monday, November 1, 2610 at 1:00 P.M.
at One Ashburton Place, 21st Floor, Boston, MA 02108
This hearing is upon an application for variance filed by: Florian Cela for modification of
or substitution of the following Rules and Regulations: 30.6.1 Toilet Stall Dimensions
A copy of the request is available for public inspection during regular business hours.
You should be aware that the burden of proof is upon the applicant requesting a variance to
prove that compliance is either: 1. technologically infeasible or; 2. the cost of compliance is
excessive without substantial benefit to a person with a disability.
This hearing will be conducted in accordance with the procedures set forth in M.G.L., c.
30A, and 801 CMR 1.02, the Informal/Fair Hearings Rules. At the hearing, each party may
be represented by counsel, may present evidence and may cross examine opposing
witnesses.
Also, please note that all attendees will be asked to turn off all cell phones
and pagers while the Board is in session.
ARCHITECTURAL ACCESS BOARD
Date: August 10, 2010 T. •
Chairperson
cc: Local Building Inspector
Independent Living Center `
Local Disability Commission
Certificate No:
Commonwealth of Massachusetts
City of Salem
Building Electrical Mechanical Permits
This is to Certify that the Restaurant located at
Dwelling Type
155 WASHINGTON STREET in the CITY OF SALEM
--------- ------- ----- - -- -- - Y - -
Address Town/Cit Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
Restaurant Renovation
This permit is granted in conformity with the Statutes and ordinances relating thereto, and
expires unless sooner suspended or revoked.
Expiration Date
Issued On: Mon Aug 9, 2010 - - - - --
I
GIOTMS02010 Des Lauriers Municipal Solutions,Inc. -- --------------------- --------------------------------------------- --------
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BUILDING PERMIT
7
155 WASHINGTON STREET
GIs'#: ias COMMONWEALTH OF MASSACHUSETI,
Map: _ , 34
Block ;'- w I ;' CITY OF SALEM
Lot:' "0426 n
Category.. RENOVATIONS
Permit# 56210 �W ''' BUILDING PERMIT
Project# JS-2010-000902 p 1'';a
Est. Cost: $34,500.00 w t�
Fee Charged: ,A!, $390.00 k k '
Balance Due: "' $.00; =�M PERMISSION IS HEREBY GRANTED TO:
Const. Class ,°' Contractor: License: _ . Expires
Use Group:
AB Design Construction Inc.
Lot Size(sq ft) 7846.8984
Zoom �,5Pr IBS�: r-: - ,;Owner: WASHINGTON AT DERBY LLC,RCG,LLC
Units Gamed ';, „ ;( "' :'"1�' �+6-I Applicant: AB Design Construction Inc.
Units Lost: w n AT: 155 WASHINGTON STREET
Dig Safe#: .. is
ISSUED ON: 25-Feb-2010 AMENDED ON. EXPIRES ON: 25-Aug-2010
TO PERFORM THE FOLLOWING WORK:
RENOVATE EXISTING RESTAURANT PER PLANS SUBMITTED REFERENCE PERMIT 530-10
POST THIS CARD SO ITIS VISIBLE FROM THE STREET
Electric Gas Plumbing' Building
Underground: Underground: Undergrounds Excavation: r Y
Service: MeP: ,vr-`, '
Footings: 'C
ough: Rough�
:.t,�ayG L.)s�. ,ry'n iys v
7t � Rou / �n7�� t.% Foundation: -
Final: 7/a 7-F//, Final: Qs( \ / Final: V ^ Rough Frame: c,�-MIp le
Fireplace/Chimney:
D.P.W. Fire Hea th
(��J�;1. � Insulation:
Meter: - p{h `f
/o Final4K
House# Smoke:
;�'�/(jI- Treasury:
• Water: Alarm: �� V Assessor CV
/ Final: 16 5pe" � �
Sewer: Sprinklers: .�' � pt�p<�
THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATI N Y OF ITS
RULES AND REGULATIONS:
Signature:
A A
Fee Type: Receipt No: Date Paid: Check No: Amount:
BUILDING REC-2010-001049 25-Feb-10 1278 $390.00
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call for Raid t310ccupy
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ARCHITECTURAL RENOVATIONS
- 4 85 Exchange Street-Suite L2
Lynn, MA. 01901
Office: 781-715-1230 , Fax: 781-715-6179 Cell: 617-943-4051
ARCHITECTURAL FINAL INSPECTION AFFIDAVIT
To the Inspectional Services Director, City of Salem, MA.:
Re: Restaurant Alterations M
Adriatic Restaurant& Bar
157 Washington Street, Salem, MA.
I certify that I have inspected the architectural work associated with the above
referenced project, having visited the site on a periodic basis during the
construction period. To the best of my knowledge, information and belief, the
work conforms with the permit and plan approved by the City of Salem, with the
provisions of the Massachusetts State Building Code and other pertinent laws
and ordinances.
Architect: Peter K. Gearhart
Company: Architectural Renovations
Address: 85 Exchange Street, Suite L2, Lynn, MA. 01901
Telephone: 781-715-1230 Fax: 781-715-6179
MA Reg. #: 4928
Date: A
Signature:
eter K. arhart
Then personally appeared the above named Peter Gearhart, and made oath that
the above statements by them are true.
Before me,
Notary Public Date Signed
My Commission expires:
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DECISION.-ON_THE,.PETITION OF OF SALEM EVENING Nuz FOR VARIANCE
AT 155 VASHING ON STREET (B75)
A hearing on this petition was held on September 28, 1988 with the following Board
Members present, James M. Flaming, Chairman; Richard A. Bencal, vice Chairman;
John Nutting, Secretary; Peter Strout, and Edward Luzinski. Notice of the hearing
was sent to abutters and others and notices of the hearing were properly published
in the Salam Evening News in accordance with Massachusetts General Taws Chapter 40A.
Petitioner, owner of the property seeks a variance from the Salem Sign Ordinance
to allow the erection of 1. 20'x3' roof sign in this B-5 zone.
The variance which has been requested may be granted by the Board upon a finding
that:
a. special conditions and circumstances exist which especially affect the
the land, building or structure involved and which are not generally
affecting other lands, buildings and 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 of the property in question, makes the
following findings of fact;
1. The property and business in question is unique to the area as well as
the City in general.
2. The new signage would enhance the business visibility as no signs are there
presently.
3. The roof locations for the signs allow the petitioner to retain the
characteristics of the existing facade.
4. The Design Review Board recommended to the Salem Redevelopment Authority,
(SRA) and the SRA concurred with the Design Review Board.
On the basis of the above findings of fact and on the evidence presented at the
public hearing, the Board of Appeal concludes as follows:
1. The property in question is unique.
2. Literal enforcement of the Ordinance would involve substantial hardship
to the petitioner;
3. The relief requested can be granted without detriment to the public good
and without derogating substantially from the intent of the district or
the purpose of the Ordinance.
.� it
DECISION ON THE PETITION OF SALEM EVENING NEWS FOR A VARIANCE
AT 155 WASHINGION STP=, SALES? (B-5)
4. Special conditions exist which especially affect the subject property
but not the district generally.
Therefore the Zoning Board of Appeal voted unanimously 5-0 to grant the Variance
requested, subject to the following conditions:
1. Petitioner may erect one (1) sign, 20 feet by 3 feet in the location
described as over the editorial office.
2. All dimensions are to be as per the plans submitted.
3. Petitioner meet all requirements of the Design Review Board and the
Salem Redevelopment Authority, if any.
VARIANCE GRANTED
chard A. Bencal, Vice Chairman
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Ai i':P.L FF0:;1 THIS DECISION, If A:JYSHALL BE. t-DE PURSUANT TO SECTIO'J 17 OF THE
CH2.PFCg POS. AND SH SLL ` FILEU '-HIN 2D DAYS AFTER THE DATE OF FILIia6
S f_; 50'J I . Th. O.F j:. THE CITY C' �'T
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r. . E Oi THE
ESSn u'1
OF REt,LRD OR IS RcLJRD J A7�.0 BUILD JJ 'H` v„` E 6Efii rlLdlE Gi TIIL'c.
BOARD OF APPEAL
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®Roc�o�w� STREET PERMITNo 97
I �'.., '`��.�„� (i�fftrr of Jnu}Trrtnr of iluil�in9n
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City Hall, `1 19
Permission is hereby given to Eh P— L 1. rf-e Q �cC
to occupy for .5 t_ O, a n, purposes
1 'US /
in front of estate � CA.�S ( v i k�
of sidewalk, of street.
I
`Chis permit is limited t9�uhjeci to the provisions
of the ordinances and statutes in relation to Streets and the Inspcciion and Consirudion of
Buil ' gs i 7hefCity of Salem.,
I
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Director of Public Services /) Inspector of B ' mgs
I
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Signature of Applicant
PC24 ac 410-6E
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®430CVP��II, STREET PERMIT No 97
• �\.GOMII{\•
� I yyJ�� Ott i1 cttrill
(Offire of Junprrtnr of Rholbingn
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City Hall,___ 19
Permission is hereby given toil CA—i+.gtre
to occupy for .Spurposes
in front of estate—
L3 of sidewalk, of street.
`Chis permit is limited to 19A
&subjecl to the provisions
I
of the ordinances and statutes in relation to Streets and the Inspection and Construction of
Bui( i gs i [he Ct[y of Salem.
I j
- Direcror o/Public Services /� � Inspector of 6 mgs
Signature otApplicant
FC24 !e 4.29.ee
City of Salem Ward
4coors.�''
APPLICATION
FOR
PERMIT TO BUILD ADDITION, MAKE ALTERATIONS OR NEW CONSTRUCTION
IMPORTANT-Applicant to complete all items in sections:1, It, Ill, IV, and IX.
I. AT(LOCATION) 155 Washinai:on Str DISNTRICT B5
LOCATION (NU.) (STREET)
OF BETWEEN Derby Street AND F'rcTni- Si-YPPt
BUILDING (CROSS STREET) (CROSS STREET)
LOT
SUBDIVISION LOT BLOCK SIZE
11. TYPE AND COST OF BUILDING -All applicants complete Parts A -D
A. TYPE OF IMPROVEMENT D. PROPOSED USE-FOR"DEMOLITION"USE MOST RECENT USE
1 ❑ New building Residential Nonresidential
2 ❑ Addition(It residential,enter number of new 12 ❑ One family 18 ❑ Amusement,recreational
lousing units added,9 any,in part D,13) 19 ❑ Chruch,other religious
13 ❑ Two or more family-Enter number
3 ® Alteration(See 2 above) of units ....................................................... 20 ❑ Industrial
21 ❑ Parking garage
4 ❑ Repair replacement 14 ❑ Transient hotel,motel,or dormitory
Enter number of units 22 ❑ Service station,repair garage
5 [—] Wrecking(if multifamily residential,enter number ❑ 23 ❑ Hospital,institutional
13) 15 Garage of units in building in Part D, ge
- 24 ❑ Office,bank,professional
6 ❑ Moving(relocation) 16 ❑ Carport 25 ❑ Public utility
26 ❑ School,library,other educational
7 ❑ Foundation only 17 Other-SpeciN
27 ❑ Stores,mercantile
B.OWNERSHIP
28 ❑ Tanks,towers
8 ❑ Private(individual,corporation,nonprofit ..institution,etc.) - 29 ® Other-Specify PjlginP_SG
9 ❑ Public(Federal,State,or local government News Publishing
�y
C.COST (Omit cents) Nonresiaealia+-Describe in detail proposed use of buildings,e.g.,food processing plant,
machine shop,laundry building at hospital,elementary school,secondary school,college,
parochial school,parking garage for department store,rental office building,office building
10. Cost of improvement ......................................................... $ 128,300. at industrial plant.If use of existing building is being changed,enter proposed use.
To be installed but not included
in the above cost 15,000. No change. 422.en.at-s°_o ,�C�_.
a. Electrical........................................................................... --
b. Plumbing.......................................................................... 14,700. (�7�i�t-01��1/ / .n.�1 eJ
f
c. Heating,air conditioning -"'
d. Other(elevator,etc.)S-i:t nk.1PS.................. -
11. TOTAL COST OF IMPROVEMENT $ 190,000, -
III. SELECTED CHARACTERISTICS OF BUILDING -For new buildings and additions, complete Parts E-L;demolition,
complete only Parts J&M,all others skip to IV
E. PRINCIPAL TYPE OF FRAME F. PRINCIPAL TYPE OF HEATING FUEL G. TYPE OF SEWAGE DISPOSAL I. TYPE OF MECHANICAL
30 ® Masonry(wall bearing) 35 ® Gas 40 ® Public or private company Will there be central air
31 ® Wood frame 36 ❑ Oil 41 ❑ Private(Septic tank,etc.) conditioning?
32 ❑ Structural steel 37 ® Electricity 44 4+t Yes 45 ❑ No
33 ❑ Reinforced concrete 38 ❑ Coal H. TYPE OF WATER SUPPLY Will there by an elevator?
34 ❑ Other-Specify 39 ❑ Other-Specify 42 ® Public or private company 46 ❑ Yes 47 Q No
43 ❑ Private(well,cistern)
J.DIMENSIONS M. DEMOLITION OF STRUCTURES:
48. Number of stories ..................................._ ...........
49. Total square feet of floor area,
all floors,based on exterior Has Approval from Historical Commission been received
dimensions ........._...._.......................................-............... for any structure over fifty(50)years? Yes_ No
50. Total land area,sq.e. ...... Dig Safe Number
K.NUMBER OF OFF-STREET PARKING SPACES Pest Control:
51. Enclosed.............................................................................
sz. Outdoors
HAVE THE FOLLOWING UTILITIES BEEN DISCONNECTED?
.................................. Yes No
L RESIDENTIAL BUILDINGS ONLY Water:
53. Enclosed............................................................................. Electric:
Gas:
Full. Sewer:
54. Number of
bathrooms DOCUMENTATION FOR THE ABOVE MUST BE ATTACHED
Partial...................................... BEFORE A PERMIT CAN BE ISSUED.
IV. COMPLETE THE FOLLOWING:
Historic District? Yes_ No-2L (If yes,please enclose documentation from Hist. Com.)
Conservation Area? Yes_ No X (If yes, please enclose Order of Conditions)
Has Fire Prevention approved and stamped plans or applications? Yes X No_
Is property located in the S.R.A.district? Yes_ NoT
Comply with Zoning? Yes X No (If no,enclose Board of Appeal decision)
Is lot grandfathered? Yes No (If yes,submit documentation/if no,submit Board of Appeal decision)
If new construction,has the proper Routing Slip been enclosed? Yes_ No
Is Architectural Access Board approval required? Yes_ NoX- (If yes,submit documentation)
Massachusetts State Contractor License # 022065 Salem License # 357
Home Improvement Contractor # Homeowners Exempt form(if applicable) Yes_ No
CONSTRUCTION TO BE COMMENCED WITHIN SIX(6)MONTHS OF ISSUANCE OF BUILDING PERMIT
If an extension is necessary, please submit
CONSTRUCTION IS TO BE COMPLETED BY: 6/30/93 in writing to the Inspector of Buildings.
V. IDENTIFICATION - To be completed by all applicants
Name Mailing address-Number,street,city,and state ZIP Code Tel.No.
11-p- Shceih-News,�Publ �shi:n r nY
9'
Owner or
Lessee "' ., X155 Wd.�hingtorr;St.rveetV,,Salomt ,,MA 01970 744-01600
z. Rene C Lama=e Pr sident
Contractor Builder's
-Rpnp C- jarnarre Co. Inc 23 Oakview Avenue Salem MA 01970 License No. 357
3' Siden AIA
Architect or lGary J.
Engineer Nilsson Associates, Inc. 28A Naugus Avenue, Marblehead, MA 01945 631-5452
1 hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application
as his authoriz and we agree to onform to all applicable laws of this jurisdiction.
Signature of app' Address Application date
23 Oakview Avenue Salem MA 01970 3 17/93
Rene C. e, PjEi6sident
DO NOT WRITE BELOW THIS LINE
VI. VALIDATION
Building FOR DEPARTMENT USE ONLY
Permit number
Building Group
Permit issued
r Fire Grading
Building IRK
Permit Fee $ Live Loading
Certificate of OccupancyApproved by
$ Occupancy Load
:
Drain Tile
Plan Review Fee $
TLE
NOTES AND Data- (For department use)
'•rte °1�' '� t"'� tt •l-.. >
.: dz nv)
PERMIT TO BE MAILED TO: Gyj?
DATE MAILED:
Construction to be started by: Completed by:
VI ZONING PLAN EXAMINERS NOTES
DISTRICT
USE
FRONT YARD
SIDE YARD SIDE YARD
REAR YARD
NOTES
SITE OR PLOT PLAN •For Applicant Use
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COMMONWEALTH OF MASSACHUSETTS
DEPARTMENT OF INDUSTRIAL ACCIDENTS
600 WASHINGTON STREET
fames Camooei, BOSTON, MASSACHUSETTS 02111
Comm.ssrone
WORKERS' COMPENSATION INSURANCE AFFIDAVIT
I, Rene C Lamarre President of Rene C ramarra r r T,C;
(I i ce n see/permittee)
with a principal place of business/residence at:
23 Oakview Avenue, Salem, MA 01970
(City/State/Zip)
do hereby certify, under the pains and penalties of perjury, that:
V] I am an employer providing the following workers' compensation coverage for my employees working on this
job.
U. S .F. & G. # (MA) '7711968922
Insurance Company Policy Number
[ ] I am a sole proprietor and have no one working for me.
J ] am a sole proprietor general contractor or homeowner (circle one) and have hired the contractors listed below
who have the following workers compensation insurance policies:
Irvine & Sons — Plumbing ribprty M„t,tal #112-41471fi—n22
Name of Contractor Insurance Company/Policy Number
S . W. Santry & Sons Co. , Inc. Electric Aetna # (MA) 006C0022972544CAA
Name of Contractor Insurance Company/Policy Number
Name of Contractor Insurance Company/Policy Number
] am a homeowner performing all the work myself.
NOTE: Please be aware that while homeowners who employ persons to do maintenance,construction or repair work on a
dwelling of not more than three units in which the homeowner also resides or on the grounds appurtenant thereto arc not generally
considered to be employers under the Workers' Compensation Act(GL C. 152,sea. 1(5)), application by a homeowner for a license
or permit may evidence the legal status of an employer under the Workers' Compensation Act
I understand that a copy of chis statement will be forwarded to the Department of Industrial Accidents' Office of Insurance for coverage
verification and that failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties
consisting of a fine of up to $1500.00 and/or imprisonment of up to one year and civil penalties in the form of a Stop Work Order and a
fine of$100.00 a day against me.
Signed this s n e nth _day of March 19 93
2�
Licensee/ ermittee Licensor/Permittor
Vining Disposal Service, Inc.
62W MONTVALE AVENUE
STONEHAM, MASSACHUSETTS 02180
(617) 279-0006
Industrial • Commercial • Residential
March 17, 1993
City of Salem
City Hall
1 Salem Green
Salem, MA 01970
To Whom It May Concern:
This letter is to serve as verification that all solid
waste removed from the Salem News Building located at
155 Washington St. , Salem, MA in conjunction with the
Rene C. Lamarre Construction Co. Inc. will be disposed
of at the Waste Management Transfer Station in Somerville
MA.
Sincerely,
Richard F. Vining
Director of Marketing
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August 11, 1993
Mr. Kenneth R. Newbegin
President/Co-Publisher
THE SALEM EVENING NEWS
155 Washington Street — - -
Salem, MA 01970
Project: PHASE I Facade Improvements
Dear Ken:
As your Architect, I must advise you that you are proceeding at risk by commencing with
construction of the storefronts and the painting of metal cornices and trim at 35 Front Street,
prior to concluding the review and approvals process with the Salem Redevelopment Authority
and the Massachusetts Historical Commission.
My personal observations on 10 August indicate that the contractor has not used the paint
specified, and that the color P-5 has not been applied to the correct areas as indicated on the
Construction Documents. I also question whether the colors are an exact match for the colors as
specified, since I have not received, reviewed nor approved any samples or other submittals.
Please be reminded that all substitutions must be reviewed and approved, and samples of
specified items (such as the paint colors) must be submitted for approval by the Architect prior to e
commencing with the work. m
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I advise you to instruct your contractor to cease work until the project has been approved for
construction.
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Respectfully,
PIERCE ARCHITECTS
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Daniel Hubbard .Pierce, IA
Principal,. . . O',"
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Copy: Mr. Paul Holtz, MHC m
Mr. William Luster, City of Salem Planning Director v
Ms. Joan M. Boudreau, Chairperson SRA x
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city of C�bai.em, 4Eassarf Usp-tts
public DrapertP Department
Suabing 3epariment
One veum Ortrn
745-3595 Cx:. 350
William H. Munroe
Director of Public Propcnv
Inspcaar of Buiidia¢s
Zoning Enforcement Officer
In a®mance wm the provisions of MGL c 40. 5 54. a condition of Building Permit
Number u that the debris resulting from this work snall be
duposea of to a property uccnsea solid wute,duposal faaltry as defined by MGL c 111.5
130A.
The debris veil be duposcd of in:
�
( cation of Houry)
Awa L;Z�L
Signature brPermit Applicant
March 17, 1993
Date
NOTE:
GENERAL CONTRACTOR TO
EXISTING COLUMNS, BEAMS ANDFY ALL.
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PRIOR TO DEMOLITION. ANY RELOCATION
/ OF EXISTING OR NEW COLUMNS AND
BEAMS MUST BE APPROVED BY THE '
�Pvt' T7 . . � : STRUCTURAL ENGINEER FOR BASEMENT;
{ AND SECOND FLOOR RENOVATED
8 Zi44 L1JNG+i UJIJGtt
`` ` I UPdZ° 5 INDICATES AREAS AND/OR ITEMS TO
BE DEMOLISHED AND REMOVED.
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f— l'Tf�ILcT Ef�1;!t'Mt.NT Schbeettoepg nriswction.
�Ly,ority having
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EXISTING SECOND FLOOR ,. PROPOSED RENOVATIONS TO / Z N N
PROPOSED DEMOLITION PLAN 1/$ = 1 -0 THE SALEM NEWS PUBLISHING COMPANY a
SALEM, MASSACHUSETTS R °
TYPICAL PARTITION DETAILS
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THE SALEM NEWS PUBLISHING COMPANY _ :2 " —io w a
SALEM, MASSACHUSETTS ail
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NOTE:
GENERAL CONTRACTOR TO VERIFY ALL
EXISTING COLUMNS, BEAMS AND
—
"{ SUPPORTS WITH STRUCTURAL ENGINEER
TQ i( PRIOR TO DEMOLITION. ANY RELOCATION.
OF EXISTING OR NEW COLUMNS AND
t P BEAMS MUST BE APPROVED BY THE
STRUCTURAL ENGINEER FOR BASEMENT,
I} !`t P, • . FIRST AND SECOND FLOOR RENOVATED
AREAS.
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BE DEMOLISHED AND REMOVED.
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EXISTING FIRST FLOOR _ �"s W 0a
PROPOSED.DEMOLITION PLAN va^ = 1'-0" PROPOSED RENOVATIONS TO IL
THE SALEM NEWS PUBLISHING COMPANY
SALEM, MASSACHUSETTS
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NILSSON ASSOCIATES,INC., Architects and Planners
Member of the American Institute of Architects
28A Naugus Avenge-Marblehead,Mass.01945
(617)631-5452• Fax(617)631-5459
Edward O.Nilsson,AIA
Gary J.Siden,AIA
DATE: y2ey03 PROJECT41: 932
- 7. Furnish and install a 2' x 4' lay-in panel suspended ceiling in the
entire renovated area. Panels will be white fissured mineral tile
' K OIN . ESL �Na).. $. by Arnustrong or equal in a white suspension system.
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1. The scope of work for the project includes all labor,materials,equipment,appliances,services,tools, 8. Furnish and install ceramic tile in the toilet 6' 6" high at all the
transportation,insurance,plant and equipment necessary and incidental to complete the remodeling toilets, urinals and sinks. Toilet floor will be ceramic tile thin
of The Salem News Publishing Company,Salem,Massachusetts 01970. set on a concrete base. Lunch zoom and conference room floor will
2. The Contractor shall obtain and pay for all permits,fees and licenses required to complete work. - be red quarry tile set in grout over a plywood underlayment.
Ceramic wall and floor tiles by American Olean or equal, quarry
3. The Contractor shall pay for all Federal,State,Loral and any other taxes that apply to work under this the by Summitville, Florida, or equal. Z
contract. 19. Furnish and install new plumbing pipes and fixtures per the
4. The Owner shall provide and pay for all temporary power and light as required. _ drawings. Cap all existing discontinuedlumb '
p ing. All new
5. The Contractor shall be responsible for locations of all work and shall verify all lines,levels and fixtures to be wall hung. Fixtures by American Star d , Sloan O
.. Po fy flush valves, Gerber lavatory faucets, Dayton bar sink, all as
dimensions shown on work-
Drawings and report errors or inconsistencies to the Architect - U
- before commencing work _* - above or equal. _ _ Z �.
6. The Contractor shall coordinate the work of all trades and schedule the timing so as not to cause 10. Furnish and install a gas-fired rooftop heating, air-conditioning, O Z
delays to any phase of construction due to late scheduling of interconnected work. - and ventilating system adequate to service the'area being rernvated
7. All work shall be installed by workmen skilled and experienced in their respected trades,using proper be singleding a 42 gallon electric hot water heater. Rooftop unit will Q Cl)
tools and equipment,in a first class manner. eq single zone package tont by Comfort Airy Carrier, Trans, or.
equal, with a 3.5 to 9 ton cooling capacity and 80,000 b.t.u. >- J
8. All materials furnished shall be new(unless otherwise indicated on the drawings),first class,in every heating output. Supply side ductwork to be insulated 1" and
respect,and shall conform to the Contract Documents. �return air fully ducted. Z m N
9. Prior to turning over the project to the Owner,the Contractor shall remove all grease,dust,dirt,stains, 11. Modify existing spcinklei'systan to conform to the neva design W 0.
labels,fingerprints and other foreign materials from sight-exposed interior and,if applicable,exterior fper fie_- WN Q
surfaces-and sweep,wet-mop and vacuum all floors. - Q 5::
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10. At the completion of the work,the Contractor shall remove all temporary items,trash,rubbish,tools, 12. Furnish and install electrical wiring and lightirig fixtures per W e
and excess materials and leave the entire project site in a neat,clean,acceptable condition. the drawings, including wiring to all heating and ventilating N W W
units furnished by others. f]cisting rooftop ventilating fans to O z
11. Contractor to locate all designated ceiling grilles,diffusers,recessed light fixtures,and to provide new be re-used for the new toilet exhaust vents. No provisions have J
light fixtures,exit fixtures,and smoke detectors,as required for a completed project. been included for new fire and smoke alarm devices which is at the M
12. Time for completion of construction is ninety(90)working days from written approval from the Owner. discretion of the local fire inspector. All new wiring to be a ' QW a
new sub-panel located in the basement which will be furnished and 1= J N
13. Contractor to coordinate all phone locations with Owner. installed by the owner (per Guy Stocco). Fixtures including 2 x 2 N
lay-ins and 1 x 4 wrap around by Keene, Hubbell or Laconia, 3-head
14. General Contractor to provide all wood blocking where required. track light and recessed fixtures by Lightolier or equals. W
15. Contractor to provide new hardware to match existing manufacturer and style. 13. Furnish and install 5' top and bottom cabinet with sink in the
16. Structural Engineer to be provided by Owner. lunch and plan- area. Caabt eet will be plastic finish or wood front -
17. The Contractor shall be required to do all cutting and patching for all the trades requiring same.The
Contractor shall coordinate the installation of new plumbing/electric service lines,and to conceal new 14. Furnish and install all doors, frames, wood trim, toilet accessories
utilities in all finished areas,as required. as scheduled per the drawings. All door frames except closet to
18. Contractor shall coordinate all of this cutting and patching with all trades and with existing building be Pressed metal, doors are 1 3/4" birch finish_with the required
rating.
conditions,so that the work can be properly installed,and shall also build into his own work any and
boorhardware: privacy and passage sets by P.D.4-, closers by C
all items furnished by Subcontractors. N.H.N., butts by Stanley, or equals. - N
19. Contractor must coordinate any work to be done in existing occupied tenant spaces in basement and Washroom accessories by A 8 J Washroom Accessories. a G
second floor.All work must be done after normal tenant business hours unless approved by tenant. 3 N
All tenant soiled areas must be cleaned before each tenant business day. 15. Paint all walls and trim two (2) coats acrylic; doors frames, woad - Izro
20. Contractor shall carefully fit around,close up,repair,patch and paint around work specified herein so doors two (2) coats urethane finish. Colors by owner. co
that the completed work will be plumb,level,smooth and compatible toadjacentwork. 0 01
16. furnish and install metal flexr mooted and head braced toilet - b
Partitions and screens by Metpar, Hadrian, or equal. U t y 3k
PROPOSED CONSTRUCTION NOTES FOR SECOND FLOOR: z m o
1. Corglete ng y c
gutting of the designated area including ceiling). 55
2. Frame new floor at the new toilets and level remaining floor to Exclusions: V .m 0 e Q
conform to new levels - a ramp will be required into the lunch room. T- - O E c LL o
Revised drawings if,requested by.the Building Department.
3. frame new, partitions at the dividing walls including a related Fire and smoke alarm if Q " y Z m
hallway wall to the ltandt roan - all necessary blocking and furring: requested by the Fixe inspector- Z o M N
4. Reinforce existing second floor where it was weakened from existing Structural modifications net shown on the drawings, N L Z
Electrical sub-
A \N\
pipe Penetrations etc. panel furnished by owner. '� m m W a N
. 5. Furnish and install insulation as required at exterior wall aWork on the Z N:° W C7andtoilet partitions. .. shut down. existing sprinkler system resulting fon the necessary ul
6. furnish and install drywall - taped and jointed --on all the walls �� Q
with the exclusion of the walls at the ceramic tile which will be - D
I" cemrit board, 5/8" gypsum at fire rated walls, " at all others As a condition to the acceptance of this proposal,' Rene C. Lamarre Co., Inc.
including soffits. - will provide a 7' 0" x 2' 6" closet with two (2) single or bi-fold doors -
Lunch man adjacent to the sports roan.
GENERAL NOTES FOR BOTH PROPOSED CONSTRUCTION NOTES FOR FIRST FLOOR:
FIRST AND SECOND FLOOR RENOVATIONS Z
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A) Toilet Accessories Notes: 1 . Gutting of the designated area'except ceiling and existing walls 0 2
which are slated to remain, however, all protruding elements on all F- 0 N
1) General Contractor to provide all required blocking needed for proper walls will be removed. Floor tiles will remain, Cl) 0
installation of all toilet accessories. Z
2. Remove existing stairway to the basement and frame opening for 0 ?
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2) The following catalog numbers refer to the products of Brobrick 0 _
Washroom Equipment Company and these scheduled products shall new surface.
serve as the standard required. a N =
3. Frame new partitions for the Uni-sex toilet, tear sheet divider J 0
3) Provide the following scheduled minimum quantities, unless a greater partition, . front counter sidewall, closet and soffits. 0 m Q
quantity is indicated on the drawings. t ._.-— LU a Q
4. nstall"vi or steel beam reinforcement with columns where the
4) Public Washrooms:Provide the following accessories: existing load bearing partition is to b—_emoved.
Nam: Wprofessional-Engineeir must size the beams and columns. LU
Model Description Quantlttyy CO) W 2
1 B-669 Toilet Tissue 1 per toilet 5. Furnish_and install insulation at the exterior walls and at the 0 Z W
2 63502 Sanitary Napkin 1 per washroom front entrance vestibule ceiling, d = J
3 B-5507 Series Grab Bars 1 set per Q
non-slip gripping handicapped 6. Furnish and install I" drywall taped and jointed on all new walls c Jsurface N
4 B-3944 Towel ispenser- 1 per washroom and soffits. d N
Waste Receptacle 7. Furnish and install a 2 x 4 la in el sus L!J
Combination Y- Pan suspended ceiling over the =
5 B Tilt Mirror 1 per washroom entire renovated space including the existing classified area.
6 B-82216 Liquid Soap 1 per lavatory Existing dropped ceiling to be removed.
Dispenser
8. At the Uni-sex toilet we will furnish and install ceramic tile
walls and floor, walls to 4' 0" high.
B) Plumbing Notes:
1 All plumbing systems and equipment shall be installed b a licensed Q Furnish and install plumbing fixtures and necessary, piping per code Q.
P 9y at the Uni-sex toilet. c IN
plumber.The licensed plumber shall file all plans, apply for all licenses ca M
and permits and pay all resultant fees. 10. Furnish and install a gas fired heating and cooling system N rn 1Of
split type with the condenser on the roof and air handler and 9 b
2) Plumbing Fixtures. Plumbing facture numbers given are Kohler and are .r
g y quality. y heating core located in the Mechanical Roan. the v 2 F-
given only to indicate e, model and uali Fixtures manufactured b �� F,
American Standard or Eljer are equal. domestic hot water tank to 52 gal. capacity. ¢ a m V
v g
Water Closet,wall hung, handicap: Kohler KA430-ET, 1-1/2 inch top 11 . Modify existingm
sprinkler system to conform to the new design, z -5 t O
spud; K-4670-C white seat with hinged check; Royal Sloan 3 gallon flush per code. 0 a
valve; Zum carrier set for handicap height. -
_ 12. Finnish and install electrical wiring and fixtures per drawing a t m x a
Lavatory-handicap: Kohler K-12636 Morningside; K-1330 faucet; K-13885 and discussion, including all the wiring to the heating and p E o a
offset drain with open grid strainer; K-13711 supplies; K-32753 tail piece; ventilating units furnished and installed by others. a C, %a
K-9000 CP brass "P"trap;Zum concealed chair carrier. Furnish and install a toilet exhaust fan. a =N v 'z m
All new wiring to a new sub-panel in the electrical roan which Z o ' � o y
C) Sprinkler Notes: is to be furnished and installed m �^
by the owner. All wiring in a Z N ; N
1) The sprinkler contractor shall be required to modify the existing sprinkler Per `fie' -� m a
system as per the new renovation design and to conform to code. 13. Furnish and install smoke and heat detectors on two (2) floors Z w a
2) All existing and new sprinkler drops shall occur in the center of the new 2 complete including existing and renovated areas to the angle
x 4 tile panel, typically. in the building at the second floor and the limit of renovation Q
work on the first floor. 0
SECOND FLOOR:
PROPOSED CONSTRUCTION NOTES FOR FIRST FLOOR: BARRIER-FREE TOILET REQUIREMENTS
. - - STD)1 DARp - 2�-G° MIn. SlLnDA2D smu NP.STALL 51 on
14. Furnish and install a new glass and aluminum storefront including I 3_Lo Z
an aluminum and glass handicapped accessible entrance vestibule Q
per drawing enclosed. (Architect stamped drawing will be required).
Furnish and install .three (3) new double hung windows at the 02o
rear of the building. " ~ N
A full length 3' 6'.' glass panel in the divider wall at the � �`` �� Cl)tear sheet roan is included. ��v � � Z �'
Z_
15. Furnish and install a cashier style counter at the front foyer " a< � Z
approximately 14' - 15' long by 3' 6" high with two (2) cut cltAa s2acf. Z
outs 2' 6" high for use as desk. Q J V
1m
� H zQ
16. Furnish and install all doors, frames, wood trim, hardware and 6 ? WCL
toilet accessories required. All door frames except closet to be
pressed metal, doors are 1 3/4" birch finish
17, Provide two (2) coats acrylic paint on all walls, two (2) coatszg Z W
oil base on steel frames and wood trim, two (2) coats urethane J
UJ
on wood doors. Q r CL
_o6
LW
18. Furnish and install " underlayment plywood and carpeting on all tryxy sort m a Q
floor areas including existing classified section. Uni-sex E (�
floor will be ceramic tile.
W
Exclusions: - 41-0° INN.
Revised drawings if requested by the Building Department. �' PLAN —TYPICAL, STALL B
structural analysis for new wood or steel beams, or modifications
not shown.
Electrical sub panel furnished and installed by the owner.
m
Work on existing sprinkler system resulting from the necessary p
shutdown. ro MMN
m Of
MIN.
N �o
FIRST FLOOR: ?LTEO MIR20R V
2-6 3-6 U[d2 1-6 - m
BARRIER-FREE
TOILET REQUIREMENTS 6 z c m O
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3S 7f .7N �0n O �!M �N \
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1 / NANDICAPPED STALL 1 6'-dR SWING,3'-o' Z I N-� W a
PLAN \ n , SECTION O o
TOILET ROOM
SECOND FLOOR:
PROPOSED CONSTRUCTION NOTES FOR FIRST FLOOR: BARRIER-FREE TOILET REQUIREMENTS
STNy DW2D 2=611 Min `.SLI. NP.%leu 516, }'
14. Furnish and install a new glass and aluminum storefront including
an aluminum and glass handicapped accessible entrance vestibule I T
per drawing enclosed. (Architect stamped drawing will be required) .
Furnish and installthree (3) new double'hung windows at the o'
rear of the building. (�)
A full length 3' 6' glass panel in the divider wall at the
tear sheet room is included. � � dZ L1]
m to
15. Furnish and install a cashier style counter at the front foyer : < _
approximately 14' - 15' long by 3' 6" high with two (2) cut clraa 5Pecp. 'F a _
outs 2' 6" high for use as desk. so M Q J Q
1.6. Furnish and install all doors, frames, wood trim, hardware and g 1'g� z W �
toilet accessories required. All door frames except closet to be
pressed metal, doors are 1 3/4" birch finish / 'o = �e BE 2
IF,"I ,
Uj
17. Provide two (2) coats acrylic paint on all walls, two (2) coats Z
Uj
oil base on steel frames and wood trim two (2) coats urethane 33 J
on wood doors. J _N
18. Furnish and install " underlayment plywood and carpeting on all x m Q
floor areas including existing classified section. Uni-sex (n
floor will be ceramic tile.
LU
Exclusions: _
4-0° NJN
Revised drawings if requested by the Building Department. 4 PLAN - TYPICAL, STALL B
Structural analysis for new wood or steel beams, or modifications
not shown.
Electrical sub panel furnished and installed by the owner.
m
Work on existing sprinkler system resultingfrom the necessary a O
shutdown.
m N
71-6' MRI. ° rn
FIRST FLOOR:
TILTED hVRRO[2 Z ;�
2=6' 3-6' LLtAR
BARRIER-FREE rmn.
TOILET REQUIREMENTS z
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PLAN \ n SECTION
TOILET ROOM
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-
'�0 CERTIFICATE ISSUED
DATE December 17, 1993
5j CITY OF SALEM
SALEM, MASSACHUSETTS 01970 BUILDING PERMIT —
a4E CERTIFICATE OF OCCUPANCY
DATE iIarch 22F $9 93 PERMIT NO. 79-93 35?
APPLICANT Rfie ivuarre ADDRESS - ��611#l•�
np
cp �RE � (.00..11 ISTREETI ICONIR'S LICENSE)
or
PERMIT TO -RE24 A'l ICW (_I STORY Af]R7rT� (M' DWEBER LLIING UNITS
("Of OF 1MIROYEME MII NO. I"Or OSED UDfI
AT (LOCATION) 155 Washington St. Ward 1 DISTRICT—
BETWEEN
NTNG
IN0.1 15?RIETI
BETWEEN R" ALL PESmATl'YD PAW MCW KO BE 5/8ER
s�iMf ROC:LC & ALL S4Liilv'.I
10.056 STREET)
LOT
SUBDIVISION LOT BLOCK - SIZE
BUILDING IS 70 BE FT. WIDE P• FT. LONG BY. FT, IN NEIGNI AND SnALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNOAT ION
ITrru
.REMARKS! Rerwyate interior offices A bathroom facilities as per plans
CALL .-m PHRil9ST To 0C MVY 74"5
55195
AREA OR
VOLUME
C :BIC-6all" FEE"
loan=
OWNER Salem Nws Cublishi q Co. sf71b�111
sAlstElO
TO %8E,PO$, WISES
ADDRESS 155 VIIashtwtnn St., Salem. SEE REVERBCR�10�F O"MRW OF CERTIFICATE
DEPARTMENTALIAPPROV�L,FOR CERTIFICATE
�? ^� of'OCCUPpNCY andel C'OMP� IANCE r
r o' a Tilled in b� each div�sion indicated hereon
-c;Z comoletrQnlof; its fi al'inspection.
BL NGS I Penin [�,o. �9-93
'i
I Approved by John J Jennins 1 Date l2/ (4/93 ' f
Reniarks
i
PLUMBING I ! Permit No.
Approved by Dennis ROss ! + Date9/3/93 f
I j I i
Rer'arks% I
' I
ELECTRICAL Permit No. lr'vI
Approved by I John iGiardi` }i D1 .11/2/93 1r� If,
Remarks— i _ I 4,"anP i
e
0WER�Fire �a I Permit No.
P^� II I
=Approved by..,N Irmad LaPoinee� Date l2/ 16/93
Remarks '
k 'OthER Permit No. s a'
(Approved by L I Date
�Y Remaris
� 1
77 14�
BUILDING:
PERMIT
.: 3 JOB WEATHER CARO
DATE �1$ PERMIT NO.
ADDRESS "L. -�ti
APPLICANT ("00...) V�ISTREETI ILONTR S L,CENA$1
,1mv,y,NrwrrlTY JfT�S,�,Z JCZtaRE CNe NUMBER OF •..xo-.'" ..as,e -1
PERMIT TO %MiV OrH. (_I STORY DWELLING UNITS
(TYPE 0( IMPROVEMENT( N0. (PROPOSED USE)
qqu
CQ `{`.`:...P �S ZONING
i5s l yW+*+V '>L. U' DISTRICT
AT ILOCATIONI
MY(� If TR(FTI 1�E Sy(E��9 y� �v
BETWEEN
- (CROS. STREET( (CROSS STPEETI •i.,.+
e ;
LOT
SUBDIVISION LOT BLOCK SIZE
BUILDING IS TO BE FT. WIDE By FT': LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP ---BASEMENT WALLS OR FOUNDATION
_.r I (TYPIST "
t M�LY
afro .es A ?wPi.'jom 1=8k:.T.if.$.S
REMARKS:
rata, yaystm r, f=30-29 85tt Aq
AREA OR ESTIMAT ED.COaT n 1"4y PERMIT�.J
L. a lbl� wO6 Aly,:4.
VOLUME
:c Deli SQUARE FEET) -
E;?+Il.a
OWNER BUILDING CEPS `1ILBIbl1F}r
ADDRESS :JJ dJ:3.Si-`2S::tC3'4"dlY=S r�.A F `".,T3(Ia':Ff i BY
INSPECTOR OF BUILM-NG:S
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STPEET. ALLEY bR. SIDEWALK OR-ANY PART T)IEREOF. ETHERD TEMPORARILY. R _
PERMANENTLY. ENCROACHMENT$ ON PUBLIC PROPERTY NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE MUStftill P m
, PROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL.AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY Se OBTAINED
'.FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT CROM.T HE.CO OI IONb W
.OE-ANY'APPLI[ABLE`SUBpWISION RESTRICTIONS _ti, Y '•' ' ''.
`MINIMUM �OF ' THREE CALL APPROVED PLANS MUST BE RETAINED ON 700 AND-THIS WHERE APPLIC
'INSPECTIONS REQUIRED FOR "i CARD KEPT'POSTED UNTIL FINAL I.NSPEC.TION HAS BEEN PFRMITS ARE.'REQ UR EIO fO kl
AL'E�CONSTRUCT YON.-WORK! _ ELECTRICAL PLUMBING IAO'2
> .MADE...WHEREA CERTIFICA...�4OF70CC.U:PA NC V. IS RE TECH ANICAL IhST;A Ll 10 Bar:'A
I:FOUNDATIONS OR FOOTINGS. - c i -
Z:aPR10R TO COVERING STRUCTURAL QUIRED=SUCH BUILDING SHAL NOT BE OCCUPIED UNTIaI *n.`Z ------ 'a
MEMBERS'(REAOY TO LATHI. -FINAL INSPECTION HAS BEEN MADE
S.%FINAL INSPEC TION
DGGDP.NDY. POST THIS CARD SO IT IS�.VISIBLE-FROM STREET'"
BUILDING INSPECTION APPROVALS PLUMBING INSPECTIONAPPROVALSELECTRICAL INSPECTION APPROVALS
QyF
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OMIT 7-
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GAS INSPECTION APPROVALS FI .:DEPT INS TING APPROV
LTH 1
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vP /:mss L -:.T. J.
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OTHER CITU ENGINEER 2
WORK SHALL NOT PAOCEEO UNTIL THE"- [PERMIT WILL BECOME NULL AND-VOID IF CONSTRUCTION• INSPCAN CTIANS N OI FORDBY 9HIS CONE INSPE: JRNAS APPROVED THE VARIOUS S NOT STARTED WITHIN SI% MONTHS OF DATE THE OR WRITTEN NOTIFICATION yySTAGES of CONSTRUCTION. IS ISSUED AS NOTED ABOVE. IS
Y}!dr siYilx:
l�
U
20 March 1995
File No. 11358-042 Geotechnical Engineers&
Environmental Consultants
Neil J. Harrington, Mayor
93 Washington Street
Salem, Massachusetts 01970
Joanne Scott
Salem Health Department
9 North Street
Salem, Massachusetts 01970
Subject: Notification of Response Action Outcomes
Salem Evening News
155 Washington Street
Salem, Massachusetts
DEP RTN 3-903 and 3-10849
Ladies & Gentlemen:
This formal notification to you is required pursuant to the provisions of the Massachusetts Contingency
Plan (MCP). Two Response Action Outcome Statements and accompanying reports have been
submitted to the Department of Environmental Protection (DEP) for the removal and off-site disposal
of a vaulted fuel oil storage tank and associated oil contaminated soils, and presence of lead in the soils
at the Salem Evening News property 155, Washington Street, Salem, Massachusetts. Copies of the
reports are available at the DEP.
The presence of the lead in the soils at the site required the application of an Activity and Use
Limitation. A copy of the documents which were filed at the Registry of Deeds are attached.
If you have any questions please do not hesitate to give us a call.
Sincerely,
HALEY & ALDRICH, INC.
Maureen Hill Collins
Senior Environmental Geologist .
c: Department of Environmental Protection
mem Zoninrpoiard)
Salem Building Department
Jack McElhinney, Ropes & Gray
Ken Newbegin, Salem Evening News
F:\11358\042\notfyrao.wpf
58 Charles Street
Cambridge,MA 02141-2147 Offices
Tel:617/494-1606 Scarborough,:Maine Rochester,iVew York
Fax:617/577-8142 Dem-er,Colorado Silver Spring,Maryland Cleveland,Ohio
Glastonbury,Connecticut Bedford,New Hampshire
Form 1075
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. c. 21E, §6 and 310 CMR 40.0000
Disposal Site Name: Salem Evening News, 155 Washington Street, Salem, MA
DEP Release Tracking No: 3-10849
This Notice of Activity and Use Limitation ("Notice") is made as of the 8th day of March, 1995, by
Salem New Publishing Co., together with its successors and assigns, (collectively "Owner").
WITNESSETH:
WHEREAS, The Salem News Publishing Company, of Essex County, Massachusetts, is the owner in
fee simple of[that][those] certain parcel(s) of land located in Salem, Essex County, Massachusetts,
with the buildings and improvements thereon, ("Property");
t
WHEREAS, said parcel(s) of land, which is more particularly bounded and described in Exhibit A,
attached hereto and made a part hereof(" the Property") is subject to this Notice of Activity and Use
Limitation. The Property is shown on a plan recorded and/or registered in Essex South County
Registry of in Plan Book 106, Plan 28 and Plan Book 144, Plan 33;
WHEREAS, the Property constitutes a disposal site as the result of a release of oil and/or hazardous
material;
WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with
M.G.L. c.21E ("Chapter 21E") and the Massachusetts Contingency Plan, 310 CMR 40.0000
("MCP"). Said response actions are based upon (a) the restriction of human access to and contact with
oil and/or hazardous material in soil and/or (b) the restriction of certain activities occurring in, on,
through, over or under the Property. The basis for such restrictions are set forth in an Activity and
Use Limitation Opinion ("AUL Opinion"), dated 7 March 1995, (which is attached hereto as Exhibit B
and made a part hereof);
NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in said AUL
Opinion are as follows:
1. Permitted Activities and Uses Set Forth in the AUL Opinion.
The AUL Opinion provides that a condition of No Significant Risk to health, safety, public welfare
or the environment (such condition being defined in 310 CMR 40.0000) exists for any foreseeable
period of time so long as any of the following activities and uses occur on the Property:
1. Commercial or industrial building;
2. Paved parking area;
3. Landscape covers;
Form 1075 -
RTN 3-10849
Page 2
4. Short term intrusive activities such as limited construction excavations or utility
maintenance work;
5. Any other activities and uses which effectively limit the use of the property by children
on a frequent basis or access to soils within three feet of the surface; and
6. Such other activities or uses which, in the Opinion of an LSP, shall present no greater
risk of harm to health, safety; public welfare or the environment than the activities and
uses set forth in this paragraph.
2. Activities and Uses Inconsistent with the AUL Opinion.
Activities and uses which are inconsistent with the AUL Opinion, and which, if implemented at the
Property, may result in a significant risk of harm to health, safety, public welfare or the environment,
unless appropriate precautions are taken, are as follows:
1. Any residential use, including vegetables gardens;
2. Any use where a child's frequency or intensity of use is considered high, such as a playground
or school; and
3. Any use where an adult's frequency and intensity of use is.considered high, and access to soils
within three feet of the surface is likley, such as digging or recreational sports on a continuing
basis.
3. Obligations and Conditions Set Forth in the AUL Opinion.
If applicable, obligations and/or conditions to be undertaken and/or maintained at the Property to
maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the
following:
I, -Maintenance of the impervious areas and/or landscaped areas, similar to existing conditions, to
limit access to underlying soils;
4. Proposed Changes in Activities and Uses. ;
Any proposed changes in activities and uses at the Property which may result in higher levels of,
exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall
render an Opinion, in accordance with 310 CMR 40.1080 et. sea., as to whether the proposed changes
will present a significant risk of harm to health, safety, public welfare or the environment. Any and
all requirements set forth in the Opinion to ensure a condition of No Significant Risk in the
implementation of the proposed activity or use shall be satisfied before any such activity or use is
commenced.
Form 1075
RTN 3-10849
Page 3
5. Violation of a Response Action Outcome.
The activities, uses and/or exposures upon whichthis Notice is based shall not change at any time
to cause a significant risk of harm to health, safety, public welfare, or the environment due to
exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with
310 CMR 40.1080 et. sea., and without additional response actions, if necessary, to achieve or
maintain a condition of No Significant Risk.
If the activities, uses, and/or exposures upon which this Notice is based change without the prior
evaluation and additional response actions determined to be necessary by an LSP in accordance with
310 CMR 40.1080 et. sea., the owner or operator of the Property subject to this Notice at the time
that the activities, uses and/or exposures change, shall comply with the requirements set forth in 310
CMR 40.0020. 11
6. Incorporation Into Deeds, Mortgages. Leases. and Instruments of Transfer.
This Notice shall be incorporated either in full or by reference into all deeds, easements,
mortgages, leases, licenses, occupancy agreements or any other instrument of transfer, whereby an
interest in and/or a right to use the Property or a portion thereof is conveyed.
Owner hereby authorizes and consents to the filing and recordation and/or registration of this
Notice to become effective when executed and sealed by the undersigned LSP, and recorded and/or
registered with the appropriate Registry(ies) of Deeds and/or Land Registration Office(s).
WITNESS the execution hereof under seal this _ f day of 3 19L-C—
Owner
COMMONWEALTH OF MASSACHUSETTS
ss 'hc� 8 19 9s
Then personally appeared the above named ,,, h Ne US'acknowledged the foregoing to be
free act and deed before me,
� ( if L
N tary Public
My Commission Expires:
My Zommission expires lune 23; 2000
Form 1075
RTN 3-10849
Page 4
The undersigned LSP hereby certifies that he/she executed the aforesaid Activity and Use Limitation
Opinion attached hereto as Exhibit B and made a part hereof and that in his/her Opinion this Notice of
Activity and Use Limitation is consistent with terms set forth in said Activity and Use Limitation
�•
Opinion. AAA4
yd IkAGr• ��a
Date: 3 C s�� v
.-E—EY y�N°v
LSP v E. m
[ISP SEAL] ' $ IST ISPSGti,
n - 9 Na 2332'�
••�cF �GrSTc�'�,p�``a
• JFG
°►• SI7E P Irl
a
COMMONWEALTH OF MASSACHU6ETTS
ss 19�
��• an q, �Q
-Then personally appeared the above nam_j .acicn ledged the foregoing to be
free act and deed before me,
Notary Public
My Commission Expires: /n /9 5F
F:\11358\042\form1075.wpf
EXH_IB T A _
four (4) certain parcels of land, together with the buildings
thereon, situated in Salem, Essex C
and described as follows: ounty, Massachusetts, bounded
PARCEL I
WESTERLY by Washington Street, one hundred twenty-seven and
46/10
SOUTHERLY bysai (
dWashingt n Street, sixty-three hundredths
(0.63) feet;
WESTERLY by said Washington Street, one hundred one and
73/100
NORTHWESTERLY by the junction of said Washington
Street, eight and 00/100 (8. 00) feet;reet and Front
NORTHERLY by said Front street, seventy-two and 77/100 (72.77)
feet;
EASTERLY by land of Ida and Rose Solomon, as shown on a plan
hereinafter mentioned, by three courses measuring
forty and 42/100 (40.42) feet, twenty-two and 03/100
_ (22. 03) feet, and twenty and 00/100 (20.00) feet,
respectively;
NORTHERLY by land of Solomon, as shown on said plan, thirteen
and 00/100 (13 . 00) feet;
EASTERLY by said land of Solomon, ninety-one and 67/100
SOUTHERLY (91. 67) feet;
by said land of Solomon, nine and 67/100 (9. 67)
feet;
EASTERLY by said land of Solomon, seventy and 83/100 (70.83)
feet;
SOUTHERLY by land of Christos and Athanasia Stathopoulos, as
shown on said plan, twenty and 50/100 (20.50) feet;
EASTERLY by said land of Stathopoulos, twenty and 00/100
(20.00)
feet;
SOUTHERLY byNewDerbyStreet, sixty-nine and 65/100 (69.65) :
feet; and
SOUTHWESTERLY by the junction of said New;Derby Street and said
Washington Street, three and 82/100 (3.82) feet;
containing 20,023 square feet, more or, less, all bounds, distances,
and areas in accordance with said plan, and being shown on a plan
entitled "Plan of Land in Salem; Property of Goldberg Trust", dated
February 11, 1966, Essex Survey Service, recorded with Essex South
District Registry of Deeds in Plan Book 106, Plan 28.
1
PARCEL II
SOUTHERLY by New Derby Street, thirty-three and 75/100 (33. 75)
feet;
SOUTHWESTERLY by other land of the Salem News Publishing Company,
twenty and oo/loo (20.00)NORTHWESTERLY by other land of the Salem News�.Publishing Company,
twentSOUTHWESTERLY againy by d other land of )the Salem News Publishing
ComNORTHWESTERLY again,lybysothery land of the and 851loo (Salem�News tPublishing
Company, nine and 67/100 (9.67) feet;
SOUTHWESTERLY again, by other land Of the Salem News Publishing
Company, thirty-one and 38/10o (31.38) feet;
NORTHERLY by land now or formerly- of the Salem Redevelopment
Authority, being shown as . Parcel RC-13A on a plan
hereinafter.mentioned, twenty-six and 23/100 (26.23)
feet;
EASTERLY by land now or formerly of said Salem Redevelopment
Authority, being shown as Lot P-11A on said plan,
sixty-two and 00/loo (62. 00) feet;
NORTHERLY by said Parcel P-11A, seven and 0o/100 (7.00) feet;
and
EASTERLY again, by said Parcel P-11A, seventy and 00/100
(70. 00) feet;
containing 3 ,409 square feet of land, according to said plan, and
being shown as Parcel RC-13B on a plan entitled "Property Plan
Project No. Mass. R-95, Heritage Plaza East, Salem Redevelopment
Authority, Salem, Mass. ,,, Scale 1"=201 , dated August 11, 1972,
Whitman 6 Howard, Inc. , Engineers and Architects, recorded with
said Registry of Deeds in Plan Book 144, Plan 33.
PARCEL IIT
SOUTHERLY by Parcel RC-13B and Parcel P-11A, as shown on a
plan hereinafter mentioned, thirty-eight and 23/100
(38.23) feet;
SOUTHWESTERLY
y land now or ,formerly Of Salem News Publishing
Company, sixty and 32/100 (60. 32) feet;
SOUTHERLY by said land of Salem News Publishing Company,
thirteen and 00/100 (13.00) feet;
SOUTHWESTERLY by other land of said Salem News Publishing Company,
nineteen and 60/100 (19.60) feet;
NORTHERLY by Parcel RC-13A, as shown on said plan, sixty-
seven
n
- EASTERLY bylandnow 5or0 )
formerlyofecity aof Salem, seventy-
six and 6/100 (76. 06) feet;
2
containing 3,812 square feet of land, according to said plan, and
being shown as ,Parcel RC-13B1 on a plan entitled
Property Plan Project No. Mass. R-95 "Subdivision
, HeritPlaza Redevelopment Authority, Salem, Mass. ,, age a East, Salem
, Scale iPlaz , dated June
1, 1977, and recorded with said Registry of Deeds in Plan Book 144,
Plan 33 .
$ARML V
NORTHERLY by Front Street, on two (2) courses,- nine and 96/100
(9.96) feet and sixty and 93/100 (60.93) feet,
respectively; .
EASTERLY by land of the City of Salem, as shown on a plan
hereinafter mentioned, sixty-five and 00/100 (65.00)
feet;
SOUTHERLY by Parcel RC-1351, as shown on said plan, sixty-
seven and 55/100 (67.55) feet;
WESTERLY by other land of Salem News Publishing Company, on
three (3) courses, forty-two hundredths (0.42) feet,
twenty-two and 4/100 (22. 04) feet, and forty and
67/100 (40. 67) feet, respectively;
containing 4, 502 square feet of land, according to said plan, and
being shown as Parcel RC-13A on a plan entitled "Subdivision
Property Plan Project No. Mass. R-95, Heritage Plaza East, Salem
Redevelopment Authority, Salem, Mass. ,,, Scale 1"=10 ! , dated June
11 1977, and recorded with said Registry of Deeds in Plan Book 144,
Plan 33 .
3
EXHIBIT B
ACTIVITY AND USE LIMITATION OPINION
Salem Evening News
155 W4bington Street
Salem,"Massachusetts
RTN 3-10849
In accordance with 310 CMR 40.1056(2)(8) and 40.1074, this document constitutes an Activity and
Use Limitation Opinion (AUL Opinion) for the Salem Evening News Property at 155 Washington
Street, Salem, Massachusetts, DEP Release Tracking No (RTN) 3-10849. This AUL Opinion is
submitted in support of a Class B-2 Response Action Outcome Statement (RAO), dated 8 March 1995
and associated DEP Form 1075, "Notice of Activity and Use Limitation", dated 8 March 1995 for the
lead in the fill and natural soils at the site.
Section 40.1074 of the Massachusetts Contingency Plan (MCP) regdires an Activity and Use
Limitation Opinion to provide:
0 Reasons that a Notice of Activity and Use Limitation is appropriate to achieve or maintain a
level of No Significant Risk;
0 Site activities and uses to be prohibited and/or limited;
0 Site activities and uses to be permitted; and
0 Obligations and conditions necessary to maintain a level of No Significant Risk.
These requirements are discussed in the following paragraphs.
Disposal Site Description
Lead was detected within the fill and natural soils at the 155 Washington Street property, in Salem,..;
Massachusetts. No release of lead to the environment has been identified that may be the source of the
lead detected in the fill and natural soils:- The Activity and Use Limitation pertains to entire property
as described in Exhibit A.
Basis of Activity and Use Limitation
Elevated concentrations of lead were detected in the fill and natural soils across the site. Because of
the distribution across the site, the lead is believed to have been present in miscellanous materials
contained in the fill when deposited and not a result of releases from the site.
Haley & Aldrich, Inc. conducted a Method I Risk Characterization for the lead at the site in
accordance with the requirements set forth in 310 CMR 40.0970 (1) of the revised Massachusetts
Contingency Plan (MCP).
The site is currently used as the publishing offices of the Salem Evening News, a newspaper. Future
plans for the site remain the same. Based on the available soil and groundwater data, the levels of
Activity and Use Limitation Opinion
RTN 3-10849
Page 2
lead present in groundwater and soil at the site and in the surficial soil are lower than the applicable
Method-4 standards for groundwater and soil, respectively, and are not considered to present a
"Significant Risk" of harm to human health, public welfare, and the environment, under both current
and future foreseeable site uses and activities. However, exposure point concentrations for lead infill
material and natural soil exceed the Method 1 S-1/GW-2 and S-1/GW-3 soil standards. Therefore, if
the site use changes to residential use, or other use with an S-1 standard, a condition of "Significant
Risk" of harm to human health, public welfare, and the environment exists. This Activity and Use
Limitation has been developed to control potential future exposure scenarios to provide a condition of
"No Significant Risk".
Prohibited Uses
Exposure point concentrations for lead in fill material and natural sdil exceed the Method 1 S-1/GW-2
and S-1/GW-3 soil standards. Therefore, uses which fall into category S-1 such as residential use,
vegetable gardens, areas where a child's frequency or intensity of use is considered high (playground
or school), or where an adults frequency and intensity of use is considered high (digging or recreations
sports on a continuing basis) is prohibited without further consideration of risk.
Permitted Uses
Use of the site in its current or similar state (parking and landscaped areas, and a commercial or
industrial building) will be permitted. Short term intrusive activities such as limited construction
excavations or utility maintenance work will also be permitted.
Obli ations
The focus of future obligations to maintain a level of No Significant Risk should be directed toward
maintaining the site with landscape treatments, pavement or a building. Obligation and conditions
necessary to maintain a level of no significant risk include the following:
o Maintenance of building, paved areas, and/or landscaped areas to limit access to underlying
soils; and
o Management of any excavated soils in accordance with applicable DEP and/or EPA policies.
LSP Signature
The Activity and Use Limitation Opipion presented herein was prepared by Vl Y E. Stimpson,
Senior Vice President, Hale .& r ch, Inc. t1l^ °
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sa m
Signature Seal: a uVI?C cyc o
,V a r. N
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Date: 7 March 1995 � v STIAIPS0, tob.
License Number: 2332 n �� 9F No. 23320
FAI1254\°42\WUL0PN.WPF
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August 10, 1993
Mr. Kenneth R. Newbegin
President/Co-Publisher
THE SALEM EVENING_NEWS
155 Washington Street
Salem, MA 01970
Project: PHASE I Facade Improvements
Dear Ken:
During our August 3rd telephone conversation, you informed me of the fact that you had
requested the approval of the City of Salem/Salem Redevelopment Authority (SRA) and the
Massachusetts Historical Commission IMHC) for a number of revisions or changes to the Phase I
Facade Improvements Construction Documents dated 7 July 1993. When I asked for a description
of the proposed revisions and changes, you indicated that I should contact Ms. Guy in the Salem
Planning Department to confirm the nature and extent of same.
Needless to say, I was disappointed to learn that your request for revisions had been made
almost three weeks ago, and that the scope of these revisions had been presented to both the
City of Salem and MHC with the representation of the Architect's involvement and approval. This
assumption of course, is simply not true.
M
M
To this date, I have not been involved in any discussions, nor have I received a copy of any
correspondence regarding the proposed revisions or changes to said drawings and
specifications. My request for a copy of the proposed list of revisions has been denied by both
you and The City of Salem. I remain troubled by this, and at a loss for understanding your logic M
or intentions. m
You will also recall that when I delivered the documents on 7th of July, I gave you an overview of
the General Requirements, Division 1 of the Technical Specifications on drawing A-3. I indicated
that paragraphs 0113 through 0117 titled 'Submittals', were recommendations for your o
consideration, but not required of the Contractor unless so indicated by you, the Owner. On the
other hand, all remaining sections of the Technical Specifications do apply to the Project, t
including paragraph 0112 which states as follows:
„
0112 The Architect's decisions on matters relating to aesthetic effect or accuracy of historic E
interpretations, shall be final if consistent with the intent expressed in the Contract
Documents, the approvals of the Massachusetts Historical Commission, and the v
approvals of the Salem Redevelopment Authority. 2
in
x
„
„
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n
I
1
Mr. Kenneth R. Newbegin
August 10, 1993 Page 2
1 have discussed the scope and nature of the proposed revisions with The City of Salem and
MHC, and as a result, have no objection to most of the proposed revisions, excepting two items.
First, I can not support the substitution of bronze tinted glazing for the clear Low-E glazing
specified. Second, with regard to the elimination of the two wood columns, I see no reason why I
could not support the design change in principal, but would defer final judgment until after
reviewing, studying and resolving the details with respect access requirements and dimensions,
vis-a-vis Architectural Access Board and ADA requirements, and with respect to the
appropriateness of the historical and architectural design solutions when viewed in the proper
context. I trust that MHC and the local building inspector will have similar concerns.
Confirming our original understanding, the Construction Documents dated 7 July 1993 were
submitted for 'MHC and SRA Approval', prior to the issuance of a building permit and
commencing with construction. It was anticipated that SRA approvals would be secured within a
week or two of the July 7th submission. Once you had secured the necessary approvals, I would
provide you with copies of the Construction Documents, stamped and signed, for submittal to
the City of Salem Building Department, approved for construction. If it is determined that you
need a single set of documents to record the SRA and City of Salem Building Department
approvals, I will gladly stamp the 7 July 1993 Construction Documents as previously approved
and submitted. However, if the proposed design changes or revisions to the Construction
Documents are to become part of the SRA approvals and/or Building Permit application, then we
as the Architect of record, will be required to revise our Construction Document originals prior to
sealing with professional registration.
According to Massachusetts General Laws, Chapter 112, Section 60F ".....All plans and
specifications and reports prepared by a registered architect, or under his supervision shall be
stamped with the impression of such seal. A registered architect shall impress his seal on any
plans or specifications only if his certificate or registration is in full force, and if he was the author
of such plans and specifications or responsible charge of their preparation."
Therefore, I respectfully request that you contact me so that we can successfully resolve these
questions. I share your concern for further delays in the schedule, and I share your interest in the
successful completion of this highly visible and very important project. Therefore, in the best
interest of the Project, I sincerely suggest you keep me informed and involved during the
approvals process, and in particular, if any deviation from the 7 July 1993 Construction
Documents is either anticipated at this time or at any time in the future. I also direct your
attention to the paragraph titled "Ownership of Documents" in the Schedule of Terms and
Conditions of our 20 May 1993 Agreement.
Respectfully,
PIERCE ARCHITECTTr//
niel Hubbar Pierce, IA
Copy: Mr. Paul Holtz, MHC
Mr. William Luster, City of Salem Planning Director
Ms. Joan M. Boudreau, Chairperson SRA
A4A
20 March 1995
File No. 11358-042 �� Geotechnical Engineers&
Environmental Consultants
Neil J. Harrington, Mayor
93 Washington Street
Salem, Massachusetts 01970 1 1
Joanne Scott. v
Salem Health Department
9 North Street
Salem, Massachusetts 01970
Subject: Notification of Response Action Outcomes
Salem Evening News
155 Washington Street
Salem, Massachusetts
DEP RTN 3-903 and 3-10849
Ladies & Gentlemen:
This formal notification to you is required pursuant to the provisions of the Massachusetts Contingency
Plan (MCP). Two Response Action Outcome Statements and accompanying reports have been
submitted to the Department of Environmental Protection (DEP) for the removal and off-site-disposal
of a vaulted fuel oil storage tank and associated oil contaminated soils, and presence of lead in the soils
at the Salem Evening News property: 55,Wis_hington Street,,Salem, Massachusetts. Copies of the
reports are available at the DEP.
The presence of the lead in the soils at the site required the application of an Activity and Use
Limitation. A copy of the documents which were filed at the Registry of Deeds are attached.
If you have any questions please do not hesitate to give us a call.
Sincerely,
HALEY & ALDRICH, INC.
Maureen Hill Collins
Senior Environmental Geologist
c: Department of Environmental Protection
Salem Zoning Board
!Salem'Building-Department
Jack McElhinney, Ropes & Gray
Ken Newbegin, Salem Evening News
F:\11358\042\notfyrao.wpf
58 Charles Street
Cambridge,MA 02141-2147 Offices
Tel:617/494-1606 Scarborough,Maine Rochester,Vew York
Far:617/577-8142 Denver,Colorado Silver Spring,Mzrvland Clecula nd,Ohin
Glastonburv,Connecticut Bedford NewHampshire
Form 1075 -
NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. c. 21E, §6 and 310 CMR 40.0000
Disposal Site Name: Salem Evening News, 155 Washington Street, Salem, MA
DEP Release Tracking No: 3-10849
This Notice of Activity and Use Limitation ("Notice") is made as of the 8th day of March, 1995, by
Salem New Publishing Co., together with its successors and assigns, (collectively "Owner").
WITNESSETH:
WHEREAS, The Salem News Publishing Company, of Essex County, Massachusetts, is the owner in
fee simple of [that][those] certain parcel(s) of land located in Salem, Essex County, Massachusetts,
with the buildings and improvements thereon, ("Property");
WHEREAS, said parcel(s) of land, which is more particularly bounded and described in Exhibit A,
attached hereto and made a part hereof(" the Property") is subject to this Notice of Activity and Use
Limitation. The Property is shown on a plan recorded and/or registered in Essex South County
Registry of in Plan Book 106, Plan 28 and Plan Book 144, Plan 33;
WHEREAS, the Property constitutes a disposal site as the result of a release of oil and/or hazardous
material; '
WHEREAS, one or more response actions have been selected for the Disposal Site in accordance with
M.G.L. c.21E ("Chapter 21E") and the Massachusetts Contingency Plan, 310 CMR 40.0000
("MCP"). Said response actions are based upon (a) the restriction of human access to and contact with
oil and/or hazardous material in soil and/or (b) the restriction of certain activities occurring in, on,
through, over or under the Property. The basis for such restrictions are set forth in an Activity and
Use Limitation Opinion ("AUL Opinion"), dated 7 March 1995, (which is attached hereto as Exhibit B
and made a part hereof);
NOW, THEREFORE, notice is hereby given that the activity and use limitations set forth in said AUL
Opinion are as follows: -
1. Permitted Activities and Uses Set Forth in the AUL Opinion.
The AUL Opinion provides that a condition (if No Significant Risk to health, safety, public welfare
or the environment (such condition being defined in 310 CMR 40.0000) exists for any foreseeable
period of time so long as any of the following activities and uses occur on the Property:
1. Commercial or industrial building;
2. Paved parking area;
3. Landscape covers;
Form 1075 -
RTN 3-10849
Page 2
4. Short term intrusive activities such as limited construction excavations or utility
maintenance work;
5. Any other activities and uses which effectively limit the use of the property by children
on a frequent basis or access to soils within three feet of the surface; and
6. Such other activities or uses which, in the Opinion of an LSP, shall present no greater
risk of harm to health, safety; public welfare or the environment than the activities and
uses set forth in this paragraph.
2. Activities and Uses Inconsistent with the AUL Opinion.
Activities and uses which are inconsistent with the AUL Opinioh, and which, if implemented at the
Property, may result in a significant risk of harm to health, safety, public welfare or the environment,
unless appropriate precautions are taken, are as follows:
I. Any residential use, including vegetables gardens;
2. Any use where a child's frequency or intensity of use is considered high, such as a playground
or school; and
3. Any use where an adult's frequency and intensity of use is.considered high, and access to soils
within three feet of the surface is likley, such as digging or recreational sports on a continuing
basis.
3. Obligations and Conditions Set Forth in the AUL Opinion.
If applicable, obligations and/or conditions to be undertaken and/or maintained at the Property to .
maintain a condition of No Significant Risk as set forth in the AUL Opinion shall include the
following:
1-: -Maintenance of the impervious areas and/or landscaped areas, similar to existing conditions, to
limit access to underlying soils; "
4. Proposed Changes in Activities and Uses. ;
Any proposed changes in activities and uses at the Property which may result in higher levels of
exposure to oil and/or hazardous material than currently exist shall be evaluated by an LSP who shall
render an Opinion, in accordance with 310 CMR 40.1080 et. sea., as to whether the proposed changes
will present a significant risk of harm to health, safety, public welfare or the environment. Any and
all requirements set forth in the Opinion to ensure a condition of No Significant Risk in the
implementation of the proposed activity or use shall be satisfied before any such activity or use is
commenced.
Form 1075
RTN 3-10849
Page 3
5. Violation of a Response Action Outcome.
The activities, uses and/or exposures upon which this Notice is based shall not change at any time
to cause a significant risk of harm to health, safety, public welfare, or the environment due to
exposure to oil and/or hazardous material without the prior evaluation by an LSP in accordance with
310 CMR 40.1080 et. sea., and without additional response actions, if necessary, to achieve or
maintain a condition of No Significant Risk.
If the activities, uses, and/or exposures upon which this.Notice is based change without the prior
evaluation and additional response actions determined to be necessary by an LSP in accordance with
310 CMR 40.1080 et. sea., the owner or operator of the Property subject to this Notice at the time
that the activities, uses and/or exposures change, shall comply with the requirements set forth in 310
CMR 40.0020. 1,
6. Incorporation Into Deeds, Mortgages. Leases. and Instruments of Transfer.
This Notice shall be incorporated either in full or by reference into all deeds, easements,
mortgages, leases, licenses, occupancy agreements or any other instrument of transfer, whereby an
interest in and/or a right to use the Property or a portion thereof is conveyed.
Owner hereby authorizes and consents to the filing and recordation and/or registration of this
Notice to become effective when executed and sealed by the undersigned LSP, and recorded and/or
registered with the appropriate Registry(ies) of Deeds and/or Land Registration Office(s).
WITNESS the execution hereof under seal this day of 19t-c—
caner
COMMONWEALTH OF MASSACHUSETTS
a _, ss 'hca , 8 19 9s
Then personally appeared the above named {, Ye Ing acknowledged the foregoing to be
free act and deed before me,
N tary Public
My Commission Expires:
My Commission Expires lune 23; 2000
Form 1075 _
RTN 3-10849
Page 4
The undersigned LSP hereby certifies that he/she executed the aforesaid Activity and Use Limitation
Opinionattached hereto as Exhibit B and made a part hereof and that in his/her Opinion this Notice of
Activity and Use Limitation is consistent with terms set forth in said Activity and Use Limitation
Opinion. - 1 p AAAae
m� ZF%0-F-ygSMa
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Date:
z a' E9ESLEY tiGN v
LSP v �
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COMMONWEALTH OF MASSACHUSETTS
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Then personally appeared the above named (L� ani,ackn ledged the foregoing to be
free act and deed before me, / U
Notary Public
My Commission Expires: /9 /9 5 /
F:\ll358\042\fbrml075.wpf
ESB—IA -
four (4) certain parcels of land, together wi
thereon, situated in Salem, Essex Countyth the buildings
and described as follows: , Massachusetts, bounded
PARCEL I
WESTERLY by Washington street, one hundred twenty-seven and
46/10
SOUTHERLY bysai (
said Washington Street, sixty-three hundredths
(0.63) feet;
WESTERLY by said Washington Street, one hundred one and
73/100
NORTHWESTERLY by the junction of said Washington
Street, eight and 00/100 (8:00feet reet and Front
NORTHERLY by said Front street, seventy-two and 77/100 (72.77)
feet;
EASTERLY by land of Ida and Rose Solomon, as shown on a plan
hereinafter mentioned, by three courses measuring
forty and 42/100 (40.42) feet, twenty-two and 03/100 .
.(22.. 03)--feet, and twenty and oo/100 (20.00) -feet,
respectively;
NORTHERLY by land of Solomon, as shown on said plan, thirteen
and 00/100 (13. 00) feet;
EASTERLY by said land of Solomon, ninety-one and 67/100
SOUTHERLY bysaid l Eland of Solomon, nine and 67/100 (9. 67)
feet;
EASTERLY by said land of Solomon, seventy and 83/100 (70.83)
feet;
SOUTHERLY by land of Christos and Athanasia Stathopoulos, as
shown on said plan, twenty and 50/100 (20.50) feet;
EASTERLY by said land of Stathopoulos, twenty and 00/Soo
(20. 00)
feet;
SOUTHERLY byNewDerbyStreet, sixty-nine and 65/100 (69. 65)
feet; and
SOUTHWESTERLY by the junction of said New�Derby street and said
Washington Street, three and 82/100 (3 .82) feet;
containing 20,023 square feet, more or. less, all bounds, distances,
and areas in accordance with said plan, and being shown on a plan
entitled "Plan of Land in Salem; Property of Goldberg Trust", dated
February 11, 1966, Essex Survey Service, recorded with Essex South
District Registry of Deeds in Plan Book 106, Plan 28.
1
PAR,�EL II
SOUTHERLY by New Derby Street, thirty-three and 75/100 (33. 75)
SOUTHWESTERLY byeOther land of the Salem News Publishing Company,
twenty and 0o/100 (20.0o)NORTHWESTERLY by other land of the s
Salem Ne feet; .
Company,
SOUTHWESTERLY gain,by tand her0 Tana land the Salem News Publishing
NORTHWESTERLY again, seventy
and 85/loo (
byother
land of the Salem�News tPublishing
comaSOUTHWESTERLY again,�yby other, nine 1 land of 67/100 the Salem News Publishing
Company, thirty-one and 38/100 (31.38) feet;
NORTHERLY by land now or formerly of the Salem Redevelopment
Authority, being shown as Parcel RC-13A on a plan
hereinafter-mentioned, twenty-six and 23/100 (26.23)
feet;
EASTERLY by land now or formerly of said Salem Redevelopment
Authority, being shown as Lot P-11A on said plan,
sixty-two and 00/l00 (62. 00) feet;
NORTHERLY by said Parcel P-11A, seven and 00/100 (7.00) feet;
and
EASTERLY again, by said Parcel P-11A, seventy and 00/100
(70. 00) feet;
containing 3,409 square fast of land, according to said plan, and
being shown as Parcel RC-138 on a plan entitled "Property Plan
Project No. Mass. R-95, Heritage Plaza East, Salem Redevelopment
Authority, Salem, Mass. ", Scale 1"=201 , dated August 11, 1972,
Whitman & Howard, Inc. , Engineers and Architects, recorded with
said Registry of Deeds in Plan Book 144, Plan 33.
PARCEL IIT
SOUTHERLY by Parcel RC-13B and Parcel P-11A, as shown on a
Plan hereinafter mentioned, thirty-eight and 23/100
(38.23) feet;
SOUTHWESTERLY by land now or ,formerly of Salem News Publishing
Company, sixty and 32/100 (60. 32) feet;
SOUTHERLY by said land of Salem News Publishing Company,
thirteen and 00/lo
SOUTHWESTERLY by other land of said (
d Salem(13. 00)
sePublishing Company,
nineteen and 60/100 (19.60) feet;
NORTHERLY by Parcel RC-13A, as shown on said plan, sixty-
seven and 55/100 (67.55) feet; and
EASTERLY by land now or formerly of City of Salem, seventy-
six and 6/100 (76.06) feet;
2
containing 3,812 square feet of land, according to said plan, and
being shown as .Parcel RC-13B1 on.a plan entitled "Subdivision
Property Plan Project No. Mass. R-95, Heritage Plaza East, Salem
Redevelopment Authority, Salem, Mass. ", Scale 1"=10' , dated June
1, 1977, and recorded with said Registry of Deeds in Plan Book 144,
Plan 33.
P RAL TV
-
NORTHERLY by Front Street, on two (2) courses, nine and 96/100
(9.96) feet and sixty and 93/100 (60.93) feet,
respectively; -
EASTERLY by land of the City of Salem, as shown on a plan
hereinafter mentioned, sixty-five and 00/100 (65.00)
feet;
SOUTHERLY by Parcel RC-13B1, as shown on said plan, sixty-
seven and 55/100 (67.55) feet;
WESTERLY by other land of Salem News Publishing Company, on
three (3) courses, forty-two hundredths (0.42) feet,
- twenty-two ,and 4/100 (22. 04) feet, and forty and
67/100 (40. 67) feet, respectively;
containing 4, 502 square feet of land, according to said plan, and
being shown as Parcel RC-13A on a plan entitled "Subdivision
Property Plan Project No. Mass. R-95, Heritage Plaza East, Salem
Redevelopment Authority, Salem, Mass. ", Scale 1"=10 ' , dated June
1, 1977, and recorded with said Registry of Deeds in Plan Book 144,
Plan 33.
3
EXHIBIT B
ACTIVITY AND USE LIMITATION OPINION
Salem Evening News
155 W4hington Street
Salem,-Massachusetts
RTN 3-10849
In accordance with 310 CMR 40.1056(2)(8) and 40.1074, this document constitutes an Activity and
Use Limitation Opinion (AUL Opinion) for the Salem Evening News Property at 155 Washington
Street, Salem, Massachusetts, DEP Release Tracking No (RTN) 3-10849. This AUL Opinion is
submitted in support of a Class B-2 Response Action Outcome Statement (RAO), dated 8 March 1995
and associated DEP Form 1075, "Notice of Activity and Use Limitation", dated 8 March 1995 for the
lead in the fill and natural soils at the site.
Section 40.1074 of the Massachusetts Contingency Plan (MCP) regdires an Activity and Use
Limitation Opinion to provide:
0 - - Reasons that a Notice of Activity and Use Limitation is appropriate to achieve or maintain a
level of No Significant Risk;
0 Site activities and uses to be prohibited and/or limited;
0 Site activities and uses to be permitted; and
0 Obligations and conditions necessary to maintain a level of No Significant Risk.
These requirements are discussed in the following paragraphs.
Disposal Site Description
Lead was detected within the fill and natural soils at the 155 Washington Street property, in Salem,...
Massachusetts. No release of lead to the environment has been identified that may be the source of the
lead detected in the fill and natural soils:- The Activity and Use Limitation pertains to entire property
as described in Exhibit A.
Basis of Activity and Use Limitation
Elevated concentrations of lead were detected in the fill and natural soils across the site. Because of
the distribution across the site, the lead is believed to have been present in miscellanous materials
contained in the fill when deposited and not a result of releases from the site.
Haley & Aldrich, Inc. conducted a Method 1 Risk Characterization for the lead at the site in
accordance with the requirements set forth in 310 CMR 40.0970 (1) of'the revised Massachusetts
Contingency Plan (MCP).
The site is currently used as the publishing offices of the Salem Evening News, a newspaper. Future
plans for the site remain the same. Based on the available soil and groundwater data, the levels of
"
Activity and Use Limitation Opinion `
RTN 3-10849
Page 2
lead present in groundwater and soil at the site and in the surficial soil are lower than the applicable
MethodA standards for groundwater and soil, respectively, and are not considered to present a
"Significant Risk" of harm to human health, public welfare, and the environment, under both current
and future foreseeable site uses and activities. However, exposure point concentrations for lead infill
material and natural soil exceed the Method 1 S-1/GW-2 and S-1/GW-3 soil standards. Therefore, if
the site use changes to residential use, or other use with an S-1 standard, a condition of "Significant
Risk" of harm to human health, public welfare, and the environment exists. This Activity and Use
Limitation has been developed to control potential future exposure scenarios to provide a condition of
"No Significant Risk".
Prohibited Uses
Exposure point concentrations for lead in fill material and natural sail exceed the Method 1 S-1/GW-2
and S-1/GW-3 soil standards. Therefore, uses which fall into category S-1 such as residential use,
vegetable gardens, areas where a child's frequency or intensity of use is considered high (playground
or school), or where an adults frequency and intensity of use is considered high (digging or recreations
sports on a continuing basis) is prohibited without further consideration of risk.
Permitted Uses
Use of the site in its current or similar state (parking and landscaped areas, and a commercial or
industrial building) will be permitted. Short term intrusive activities such as limited construction
excavations or utility maintenance work will also be permitted.
Obligations
The focus of future obligations to maintain a level of No Significant Risk should be directed toward
maintaining the site with landscape treatments, pavement or a building. Obligation and conditions
necessary to maintain a level of no significant risk include the following:
o Maintenance of building, paved areas, and/or landscaped areas to limit access to underlying
soils; and
o Management of any excavated soils in accordance with applicable DEP and/or EPA policies.
LSP Signature
The Activity and Use Limitation 00ion presented herein was prepared b�y�sI Y E. Stimpson,
Senior Vice President, Hale & r ch, Inc.
j
Signature Seal: v�c� k'-LESLEY cyc v
M b
Date: 7 March 1995 100 STMPSON `►
License Number: 2332 n e� 9F No2392e. 1'
FA1M4\042\AUL0PN.WPF - ♦cFy
J �
i
CITY OF SALEM - MASSACHUSETTS
WILLIAM J.LUNDREGAN Legal Department JOHN D. KEENAN
City Solicitor 93 Washington Street Assistant City Solicitor
e1 Washington Street SalemMassachusetts 01970 15 Church Street
,
Tel:978-741-3888 Tel:978.744-8500
Fax:978-741-8110 Fax:978-744-0111
I
July 14, 1998
Kevin Goggin
Zoning Enforcement Officer
One Salem Green
Salem, Massachusetts 01970
RE: Salem News Building
Washington Street
BS — Central Development District
Dear Inspector Goggin:
You have asked the question of what process will potential new owners have to
avail themselves to demolish the old Salem News building (except for small
portion on corner of Front Street), and build five story building in its place with
intended uses of•retail on the first floor and assisted living on the top four
stories. Although not exhaustive, these are the primary issues that will need to
be addressed to proceed.
Centra/Business District.Assisted Living and Retail Uses
The B-5 district is intended for mixed use. As the central development district, it
is intended to be a composite district of major businesses, residential use and
civic and cultural use. (See Zoning Ordinance Sec. 3-1(9)). As is often the case,
the Zoning Ordinance does not specifically provide for"assisted living." This
relatively new form of housing does not seem to fit neatly into any of the
terms/uses listed in our ordinance. Indeed, it is probably a hybrid of
convalescent or nursing home, dormitory and/or rest home depending on the
level of various services to be offered. (See Zoning Ordinance Sec. 2-2 -
Selected Terms). Nonetheless, they will need to seek a Special Permit from the
Board of Appeals for such use. (See Zoning Ordinance Sec. 9-4). B-5 does
permit`other retail stores and service establishments, except those permitted in
B-4."
Demolition of Existing Structure:
This building comes within the Heritage Plaza East Urban Renewal Plan and
. therefore will need approval from the Salem Redevelopment Authority (SRA).
Also as the building is more than 50 years old, they will need to seek a waiver
from the Historic Commission (Section 19-65(h) of the City Code of Ordinances
gives them authority to review and comment but not ultimately deny for more
than six months). Prior to getting a permit from your office, they must satisfy
these requirements. Jane Guy in Planning is a very useful resource in these
matters.
Building in Same Footprint:
Will need to go before Board of Appeal for density variance if planning to cover
entire lot. Most importantly, maximum lot coverage for new construction mixed
use (residential and nonresidential) is fifty percent (50%). They will most likely
also need to address setback and off-street parking issues with the Board. (See
Zoning Ordinance, Table III, B-5 Density Regulations).
Site Plan Review:
Projects with more than 10,000 need to be reviewed and approved by the
Planning Board. (See Zoning Ordinance Sec. 7-18).
Again, this is not intended as an exhaustive summary but rather a basic'guideline
based on minimal information provided at this time by the "potential"developer.
If additional specific information or questions are posed, do not hesitate to
contact me. Thank you for your attention to this matter.
Very truly yours,
JO D. KEENAN, ESQ.
Jdk/kjm.zoning
CC. Stan Usovicz, Mayor
William Lundregan City Solicitor
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Cl I RK-S OFFICE
DECISION ON THE PETITION OF SIMSBURY ASSOCIATES REQUE_S_TING A SPECIAL
PERMIT 8 VARIANCE FOR THE PROPERTY LOCATED ATS-155_189—WASHINGTON-
-cSTREBT
A hearing on this petition was held September 16, 1998 with the
following Board Members were present: Nina Cohen, Michael Ward,
Stephen Buczko, Ronald Harrison and Richard Dionne. 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 petitioners Attorney, George Atkins, the Salem
Board of Appeal voted 5-0, to grant leave to withdraw this petition
without prejudice for a Special Permit to allow for a Change of Use
for assisted living and a Variance to allow for 100% lot coverage and
side yard setbacks for the property located at 155-189 Washington St.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
September 16, 1998
Nina Cohen, Chariman
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
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DECISION ON THE PETITION OF SIMSBURY ASSOCIe.ES_RE_Q.UES_T_I_NG A_VARPA CF SS
SPECIAL PERPIIT FOR THE PROPERTY LOCATED AT�155-189 WASHING:TON_STREET�B-6F
A hearing on this petition was held October 21, 1998 with the following
Board Members present: Nina Cohen; Chairman, Ronald Harrison, Stephen
Ward, Richard Dionne and Paul Valaskagis . Notice of the hearing was sent
to abutters and others and notices of the hearing were properly published
in the Salem Evening News in accordance with Massachusetts General Laws
Chapter 40A.
Petitioner, is requesting a Special Permit to allow a Change of Use for
Assisted Living in a B-5 zone and a Variance to allow for 100% lot coverage
and side yard setback for the property located at 155-189 Washington
Street.
The provision of the Salem Zoning Ordinance, which is applicable to this
request for a Special Permit is section 5-3(j ) , which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the
Board of Appeal may, in accordance with the procedure and conditions set
forth in Section 8-6 and 9-4 , grant Special Permits for alterations and
reconstruction of nonconforming structures, and for changes, enlargement,
extension or expansion of nonconforming lots, land, structures , and uses ,
provided, however, that such change, extension, enlargement or expansion
shall not be substantially more detrimental than the existing nonconforming
use to the neighborhood.
In more general terms, this Board is, when reviewing Special Permit
requests, guided by the rule that a Special Permit request may be granted
upon a finding by the Board that the grant of the Special Permit will
promote the public health, safety, convenience and welfare of the City' s
inhabitants .
The Variances which have been requested may be granted upon a finding of
the Board that:
A. Special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally
affecting other lands, buildings or 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,
and after viewing the plans , makes the following findings of fact:
PETITION OF SIMSBURY ASSOCIATES FOR A SPECIAL PERMIT AND VARIANCE FOR
THE PROPERTY LOCATED AT 155-189 WASHINGTON STREET
N page two
1 . Petitioner proposes to acquire and demolish the building at 155-189
Washington Street in order to erect a new 6 story edifice to house
assisted living for elderly residents .
2. Petitioner's proposed building will contain 80 units on upper floors, an
underground parking garage with spaces for 39 vehicles, and
approximately 15,000 square feet of retail space on the ground level .
A circular drive will provide access to the complex from Front Street.
3. Variances are required due to the lack of mandated lot area per
dwelling unit, lot coverage in excess of 50% absence of side vard
requirements and lack of adequate off street parking. Use variances
would allow combined housing and retail use of site that had previously
been dedicated to commercial use as an editorial and distribution office
for a daily newspaper. A parking variance is needed because the number
of residential units greatly exceeds the available parking on the site.
4 . In support of the proposed variances , petitioner states that its plan
offers to create housing for elderly residents in a central location
that includes services and amenities appropriate to their needs .
Existing buildings which were built before the Zoning Ordinance was
enacted, also exceed lot coverage and side yard requirements .
5. Parking requirements were based on a projected number of workers and
visitors on site during peak time periods of the day. These estimated
numbers were derived from conditions at other assisted living centers
managed by the Simsbury group in Beverly and in West Springfield, Pia.
It is projected that the residents of the assisted living home will
not own or operate vehicles themselves.
6 . In opposition to the proposal , Marlow Tuttle, of Larchmont Street argued
that the proposed building was far too massive for the site in downtown
Salem. The increased density would be detrimental to the existing
residential neighborhood. The increased demand created by an 80 unit
mixed use building would exacerbate the need for offstreet parking in an
area where parking needs exceed availability.
7. Also speaking in opposition to the proposal were Meg Twohey of the
Federal Street Neighborhood Association and Carlos Buretta of the
Heritage Plaza Condominium Association, who observed that the parking
provisions seemed inadequate for the need created by the complex, and
that the height and scale of the proposed building were excessive for
this site.
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 exist which especially affect the subject
property and not the district in general.
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DECISION OF THE PETITION OF SI ?SBURY ASSOCIATED REQUESTING A VARIANCE AND
SPECIAL PERMIT FOR THE PROPERTY LOCATED AT
155-189 WASHINGTON STREET
page three
2. Literal enforcement of the provisions of the Ordinance would
involve substantial hardship on the petitioner.
3. The relief requested can be granted without substantial detriment to
the public good and without nullifying or substantially derogating from
the intent of the district or the purpose of the ordinance.
4. The Special Permit granted can be granted in harmony with the
neighborhood and will promote the public health, safety, convenience
and welfare of the city's inhabitants.
Therefore, the Zoning Board of Appeal voted, 4-1 to grant the relief
requested, subject to the following conditions:
1. Petitioner shall comply with all city and state statutes , codes
ordinances and regulations.
2. All construction shall be done as per the plans and dimensions
submitted and approved by the Zoning officer.
3 . All requirements of the Salem Fire Department relative to smoke and
fire safety shall be strictly adhered to.
4 . Petitioner shall obtain building permit prior to beginning any
construction.
5. A Certificate of Occupancy shall be obtained.
6. A Certificate of Inspection shall be obtained.
7 . Petitioner shall obtain proper street numbering from the City of Salem
Assessors office and shall display said number so as to be visible from
the street.
8 . Petitioner shall obtain approval from any City Board of Commission
having jurisdiction including, but not limited to the Planning Board.
9 . Exterior finishes of the new construction shall be in harmonv with
the existing structure.
Variance Granted
October 21 , 1998
Nina Cohen, Chairman
Board of Appeal n o
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DECISION OF THE PETITION OF SIMSBURY ASSOCIATES REQUESTING A
VARIANCE AND SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 155-189 WASHINGTON
STREET
page four
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY
CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of
MGL Chapter 40A, and shall be filed within 20 days after the date of filing
of this decision in the office of the City Clerk. Pursuant to MGL Chapter
40A, Section 11, the Variance or Special Permit granted herein shall not
take effect until a copy of the decision, bearing the certification of the
City Clerk that 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
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DECISION OF THE PETITION OF VANN NESS DEVELOPMENT CORP.
REQUESTING,VARIANCES FOR THE PROPERTY LOCATED AT-1155-189
WASHINGTON STREET B'S' r
A hearing on this petition was held September 15, 1999 with the following Board
Members present: Nina Cohen, Chairman, Ronald Harrison, Michael Ward, Stephen
Buczko and Richard Dionne. 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.
The petitioner is requesting Variances for use of premises as an Assisted Living
Residence, and Variances from minimum lot area per dwelling unit, maximum lot
coverage, minimum side yard setback, and parking for the property located at 155-189
Washington Street located in a B-5 zone.
The Variances which have been requested may be granted upon a finding by this Board
that:
1.Special conditions and circumstances exist which especially affect the land, building or
structures involved and which are not generally affecting other lands, buildings and
structures involve.
2. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioners.
3. Desirable relief may be granted without substantial detriment to the public good and
without nullifying or substantially derogating from the intent of the district of 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 George Atkins, Esq. Seeks dimensional variances and a
use variance to construct an 80 unit Assisted Living Center combined with 15,000 sq.
ft. of retail store space in downtown Salem. The proposed six—story structure will
extend from New Derby to Front Street, utilizing the land under the old Salem
Evening New building and printing plant, which is slated for demolition.
2. The site presents several unusual physical features relating t its location at this
intersection. First is the necessity of taking down the existing structure without
damaging the adjacent newspaper editorial offices, which will remain.
V
DECISION OF THE PETITION OF VAN NESS DEVELOPMENT CORP REQUESTING
VARIANCES FOR THE PROPERTY LOCATED AT 155-189 WASHINGTON STREET
B-5
page two
Underlying the former newspaper plant lies a maze of power lines, water lines and
other municipal facilities. The underground engineering affects the placement of the
structure, which is slated to have an underground parking garage serving a minimum
of 40 cars.
3. Because the site is at the center of the downtown business district, it must meet the
standards for review set by the Salem Redevelopment Authority (SRA). Residential
developments are favored uses in the downtown under the City of Salem 's Master
Plan because of the revitalizing effect they have on downtown businesses.
4. Although the Zoning Ordinance is silent as to whether the proposed use is a
permitted use in the B-5 district, the enumerated uses in the district are analogous
ones. Both nursing homes and multi-family dwelling are allowed uses, and the
proposed assisted living facility is not dissimilar in its function to those, although it is
not entirely the same as either one.
5. Vann Ness Development presented architectural renderings and a verbal summary
of the main features of the planned building by the architect who was responsible for
the plan. Mike Abend of Abend Associates presented the results of a traffic study
reflecting few additional trips to the site resulting from the proposal. The estimated
number of employees and visitors to the center each shift was charter, and estimates
for the number of cars expected to be parking in the facility's garage were presented.
6. The specific variances requested, in addition to the use variance, were as follows: (a)
Side yard setback of no feet (o'); (b) maximum lot coverage greater than 50%; (c)
minimum lot area per dwelling unit less than 500s.f. and (d) on site parking of no less
than 40 vehicles, to be located in an undergound level of the proposed structure.
O
DECISION OF THE PETITION OF VAN NESS DEVELOPMENT CORP. REQUESTING
VARIANCES FOR THE PROPERTY LOCATED AT 155-189 WASHINGTON STREET
B-5
page three
On the basis of the above findings of fact, and on, the presented at the hearing, the
Zoning Board of Appeal voted unanimously, 5 in favor, to grant the variances requested,
subject,to the followir}g Condition;
1. Petitioner shall comply with all city and state statues, ordinances, codes and
regulations. -
2. All construction shall be done as per the plans and dimensions submitted.
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall
be strictly adhered to.
4. Petitioner shall obtain building permit prior to beginning any construction.
5. Exterior finishes of the new construction shall be in harmony with the existing
structure.
6. Petitioner is to obtain a Certificate of Occupancy.
7. Petitioner is to obtain a Certificate of Inspection.
8. Petitioner shall obtain proper street numbering for the City Assessors Office and
shall display said number so as to visible from the street.
9. Petitioner is to obtain approval from any City Board or Commission having
Jurisdiction including, but not limited to, the SRA, Planning Board or Historical
Commission.
Variance Granted
September 15, 1999
04X
Nina Cohen, Chairman
Board of Appeal
DECISION OF THE PETITION OF VAN NESS DEVELOPMENT CORP REQUESTING
A VARIANCE FOR THE PROPERTY LOCATED AT 155- 189 WASHINGTON STREET
B-5
page four
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
certificate of the City Clerk that 20 days have elapsed and no appeal has been filed,
or that, if such appeal has been filed, that is has been dismissed or denied is
recorded in the South Essex Registry of Deeds and indexed under the name of the
owner of record or is recorded and noted on the owner's Certificate of Title.
Board of Appeal
i
CITY OF SALEM, MASSACHUSETTS
Kimberley Driscoll
Mayor
To: Property Owners and Businesses
From: Mayor Kimberley Driscoll
Re: Salem News Building Demolition
Date: October 23, 2007
I would like to provide an updated timeline for the demolition of a portionof the former Salem
News Building site. The red brick building,which once housed the print presses, and the wood
framed structure on Washington Street from approximately the outer wall of"The Passage to
India"restaurant to the end of the building on New Derby Street will be completely demolished.
The structures which house"Edgewater Cafe" and"Passage to India"will remain and undergo a
major rehabilitation.
This demolition is scheduled to begin on November 1, 2007, and is expected to last
approximately one month. Heavy machinery will be used for portions of this work,which will
cause a significant amount of noise during certain periods of the demolition. A pest control
service has been in place for nearly two months and will continue to work on site to minimize
any possible rodent issues that may arise. The demolition contractor performing the major work
has developed a plan for dust control as well as street sweeping. I will provide further updates
regarding the projected timeline upon any significant changes.
If you have any questions please feel free to contact Alexander Schnip of RCG at 978-740-0006
or by email at aschnipQrce-llc.com. You can also reach me at 978-619-5600.
Salem City Halt—93 Washington Street—Salem, MA 01970-3592 Ph. 978-745-9595 Fax 978-744-9327
1
ROOME & GUARRACINO, LLC
Consulting Structural Engineers
48 Grove Street Somerville,MA 02144
Tel: 617.628.1700 Fac: 617.628.1711
MEMORANDUM
To: Mr.Alex Schnip
RCG LLC
From: Carmine Guarracino,P.E.
Date: August 29, 2007
Reference: 155 — 189 Washington Street
Salem,MA
Subject: August 29,2007 Site Visit to Review Proposed
Demolition of Existing Building
Pursuant to your request, I visited the above referenced address today and met with you to
review the proposed demolition of a section of existing building located at 155 — 189
Washington Street in Salem, Massachusetts and to review any potential structural impacts to
the adjacent remaining portion of the structure.
The existing building is a three story wood framed building with a crawl space which is used as
retail for the first floor and offices for the upper floors. My observations are based on visual
inspections made during the visit and as such, our comments are based on these observations
and experience.
We proceeded to walk through the upper floors of the building and I noted that the floors in
several areas are not level and are sloping. You indicated that the area to be demolished is at a
wall located adjacent to a stairway at the front door labeled "Salem News". A look at the
framing in certain areas revealed that the floor joists span from exterior wall to interior walls in
the hallways.
It appears that the simple framing of the building should allow for relatively simple demolition
without any adverse effects to the remainder of the structure. With a bearing wall system and
the wood joists spanning in one direction, there should be no interference with common
structural members between the old portion and remaining portion of the buildings. Obviously,
as demolition progresses, any situations uncovered which appear to be dangerous or unstable
should be brought to your attention immediately. Also, it is the contractor's responsibility to
provide and maintain any shoring required during the demolition and that the use of high
impact equipment near the remaining portion of the building should be avoided.
If you have any questions,please feel free to call me.
CG:cg
J s
Salem Historical Commission
ONE SALEM GREEN, SALEM,MASSACHUSETTS 01970
(978)745-9595 EXT.311 FAX(978)740-0404
PRELIMINARY RECOMMENDATION REGARDING DEMOLITION PERMIT
LR_ E:155-189-Washingfon-Street'
On Wednesday, March 3, 1999, the Salem Historical Commission unanimously
voted in opposition to the granting of a permit for the demolition of 3 structures located at
155-189 Washington Street as proposed by Van Ness Development Corporation.
As per Part ll, Chapter 2, Article XV, Division 2, Section 2-394 (Demolition Delay)
of the Code of Ordinances, no permit for demolition shall be issued until a more thorough
investigation is undertaken and a final written recommendation regarding the granting of
the permit for demolition is provided by the Commission to the Director of Public Property
and to the property owner. Such investigation and recommendation shall be completed
within 180 days of the original submission to the Historical Commission.
I attest that this is an accurate record of the vote taken, not amended or modified
in any way to this date.
March 5, 1999
Jan A. Guy
Cletk of the Co mission
cc: Director of Public Property
City Clerk
Certificate No: 638-07 Building Permit No.: 638-07
Commonwealth of Massachusetts
City of Salem
Building Electrical Mechanical Permits
This is to Certify that the BUSINESS located at
-----------------------------------------------
Dwelling Type
155 WASHINGTON STREET in the CITY OF SALEM
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
OCCUPANCY PERMIT FOR PASSAGE TO INDIA
This permit is granted in conformity with the Statutes and ordinances relating thereto, and
expires - - unless sooner suspended or revoked.
Expiration Date
Issued On: Mon Dec 17, 2007 -. --
GeoTMS®2007 Des Lauriers Municipal Solutions,Inc. ----- --- ---- - --------------------------------- ----------------------- --
Mgt,
155 WASHINGTON STREET 638-07
GIS#: 1457 COMMONWEALTH OF MASSACHUSETTS
Map.
34j r
Block: CITY OF SALEM
Lot: a 0426 ..Ar ipr t
Category: REPAIR/REPLACE
Permit# 638-07 -: BUILDING PERMIT
Project# 7S-2008-000934;ighiff;
Est Cost: „r $6,000.00 s
Fee Charged:, $70.00
Balance Due: , $.00; ",` PERMISSION IS HEREBY GRANTED TO:
Const.,Class Contractor., License: Expires
Use Group:;-L,,. „n i .1 ;=+ Mark Tremblay CONSTRUCTiOSUPERVISOR-076246
Lot Siie(sgi III.): 20071:1412
Zonmg :,4 B5 F, "1,d 4'04 �Ngll m Owner: RCG LLC
Units Gamed: Applicant: RCG LLC
Units Lost: AT: 155 WASHINGTON STREET
Dig Safe#: I
\
ISSUED ON: 05-Dec-2007 AMENDED ON. EXPIRES ON: 05-Jun-2008
TO PERFORM THE FOLLOWING WORK.
ADD BATHROOM
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Building
Uudcrground: - Undc.'ground: - underground: -- Excavation:
Service: Meter: Footings:
Rough:1-7 111DiW Rough: Rough:,&�/'d.- {x-13?"
13? Foundation: Dy�9��2®®®
Final: �`�' 'nal: Final• �1 l'U 1). Rough Frani "/�/vj/I ee
/-2 � /J/
Fireplace/ coney:
D.P-.AV. Fire Health
Insulation
Meter: Oil: Final:
House# Smoke: f'
Water: Alarm:
��// �(/'� Tr
Sewer: Sprinklers:
THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLA NOF AN OF TS
RULES AND REGULATIONS.
Signature:
Fee Type: Receipt No: Date Paid: Check No: Amount:
BUILDING REC-2008-001170 05-Dec-07 1148 $70.00
GeoTMS®2007 Des Landers Municipal Solutions,Inc.
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CITY .OF SALEM
BUILDING PERMIT
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®. PROUDLI'
" CELEBRATING
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Bm6lisXed 1985
CORPORATE ENVIRONMENTAL ADVISORS, INC.
March 19, 2008
Mr. Thomas St. Pierry
City of Salem
Building Code Enforcer Official
120 Washington Street, 3`a floor
Salem,MA 01970
REF: First Amendment to Notice of Activity and Use Limitation
Former Salem News Property
155 Washington Street, Salem, MA
RTN 3-10849
CEA Project#5588-04
To Whom It May Concern:
This letter is to inform the City of Salem Building Code Enforcer Official, in accordance with
310 CMR 40.14.03(7)(a), that Washington at Derby LLC has recorded a"First Amendment to
Notice of Activity and Use Limitation" (AUL) on the above-referenced location with the Essex
County Registry of Deeds on March 17, 2008. Enclosed please find a copy of the recorded AUL.
If you have any questions regarding the First Amended AUL,please call the undersigned at
(508) 835-8822.
Sincerely,
C-orrpoorrate_Environmental Advisors,Inc.
Michael H. Cote
Senior Hydrogeologist/Assistant PM
cc: Massachusetts DEP,Northeast Regional Office
Mr. Alex Steinbergh, Washington at Derby LLC
www.cea•inc.com
CORPORATE HEADQUARTERS: HARTWELL BUSINESS PARK• 127 HARTWELL STREET•WEST BOYLSTON, MA 01583•PHONE: 508-835-8822 • FAX: 508-835-8812
Solutions Since 1985
OFFICES IN MASSACHUSETTS, CONNECTICUT, RHODE ISLAND & NEW HAMPSHIRE
'�� 2008031000544 Bk;11596 Pg;109
03/10/2006 ER pg 1/16
Form 1082B
FIRST AMENDMENT TO NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. c. 21E, & 6 and 310 CMR 40.0000
Disposal Site Name: Salem Evening News
DEP Release Tracking No.(s): 3-10849
WHEREAS,a Notice of Activity and Use Limitation has been recorded with the Salem,
Essex Registry of Deeds in Book 25944 Page 417, and/or registered with the Land Registration
Office of the Salem Registry District as Document No. 2006080100280. (said Notice of Activity
and Use Limitation and any amendments thereto are collectively referred to herein as 'Notice");
WHEREAS, said Notice sets forth limitations on use and activities, conditions and
obligations affecting certain parcel(s)of land situated in Salem,Essex County,Massachusetts with
the buildings and improvements thereon,said land being more particularly bounded and described in
Exhibit A attached hereto and made a part hereof("Property"). Said limitations on use and activities
are consistent with the terms of an Activity and Use Limitation Opinion("AUL Opinion")dated July
25, 2006, signed and sealed by Mark Germano, holder of a valid license issued by the Board of
Registration of Waste Site Cleanup Professionals,pursuant to Massachusetts General Laws Chapter
21A,Sections 19-19J(the holder being referred to as "LSP")attached to the Notice of Activity and
Use Limitation as Exhibit B and made a part thereof,in order to maintain at the Property a condition
of No Significant Risk(such conditions and terms being defined in 310 CMR 40.0000); and
WHEREAS,the undersigned LSP, in accordance with Chapter 2 1 E and the MCP,has
issued and signed an AUL Opinion, dated March 7, 2008, and filed with DEP at its Northeast
Regional Office under Release Tracking No. 3-10849,attached hereto as Exhibit Band made apart
hereof. Said AUL Opinion explains that the implementation of the following proposed changes in
Site Activities and Uses at the Property will maintain a condition of No Significant Risk;
NOW THEREFORE,in accordance with M.G.L.c.21E and the MCP,the undersigned
Washington at Derby LLC,of Somerville,Middlesex County,Massachusetts,being the owner of the
Property pursuant to a deed(Exhibit C) and recorded with the Salem Essex Registry of Deeds in
Book 27060, Page 496;hereby amends said Notice as follows:
"Activities and Uses Inconsistent with the AUL Opinion", is amended to read as
follows:
(i) Activities and/or uses which are likely to involve the removal and/or disturbance of the
impacted soil located beneath the pavement or unpaved landscaped area, and/or
otherwise on the property without prior development of a Soil Management Plan and a
Health and Safety Plan in accordance with Obligations(i)and(ii)of this Notice;
(ii) Excavation or relocation of impacted soil from beneath the pavement or unpaved
landscaped area unless an LSP renders an Opinion which states that such relocation is
consistent with maintaining a condition of No Significant Risk;
(iii) Activities and/or uses of the property for agricultural or recreational purposes or
educational purposes involving a school or daycare;
(iv) Any single family residence which allows fruits or vegetables for human consumption
or_accessible_soil (less than_3_feet in unpaved areas).
"Permitted Uses and Activities Set Forth in the AUL Opinion", is amended to read as
follows:
(i) Activities and uses including, but not limited to, vehicular parking, pedestrian and
vehicular traffic, which do not result in the disturbance of soil beneath the pavement
and/or below ground in unpaved areas; Continuous asphalt pavement, concrete, or
landscaped areas with at least a three foot layer of"clean soil' is necessary for the
purposes of this AUL."Clean soil'shall not contain any oil and/or hazardous materials
(OHM) at levels exceeding MCP Reportable Category RCS-1 Reportable
Concentrations. Any pavement placed on the property must be maintained. Annual
inspections must be performed and documented;
(ii) Activities and uses including commercial and industrial uses of the property;
(iii) Activities and uses including residential,if the residences are multifamily apartments
or condominiums,where any areas that are not protected by an impermeable barrier are
covered by at least three feet of clean soil defined under subpart(i) of this section;
(iv) Excavation associated with emergency or short term(five months or less)underground
utility and/or construction work, provided it is conducted in accordance with a Soil
Management Plan and a Health and Safety Plan under the supervision of an LSP in
accordance with Obligations(i)and(ii) of this Notice; and involves the repair and/or
replacement(if applicable)of the pavement or concrete with a comparable barrier,and
replacement of any disturbed landscaped areas with"clean soil'to a depth of at least
three feet,immediately following the completion of the project;
(v) Activities and uses which are not identified by this Notice as being inconsistent with
maintaining a condition of No Significant Risk; and
(vi) Such other activities and uses which in the Opinion of an LSP,shall present no greater
risk of harm to health,safety,public welfare,or the environment than the activities and
uses set forth in this paragraph.
In all other respects the provisions of said Notice remain unchanged.
Washington at Derby LLC authorizes and consents to the filing and recordation/and or
registration of this Second Amendment to Notice of Activity and Use Limitation, said Second
Amendment to become effective when executed under seal by the undersigned LSP and recorded
and/or registered with the appropriate Registry of Deeds and/or Land Registration Office.
MWITNESS the execution hereof under seal this �Ys' day of c 20 D .
aslungton at Der y L C
COMMONWEALTH OF MASSACHUSETTS
ss p ka*-c-fit 3 200 8
On this 3�day of wla20 DL5�- , bef re me, the undersigned notary
public,personally appeared 64@�G! (name of document signer),
proved to me Through satisfactory evidence of identification, which were
Otwwlr 4c Ks-?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 Manager for Washington Street at Derby LLC , a corporation
L✓ (official signature and seal of notary)
K•
OF
sN
Isamu�
The undersigned LSP hereby certifies that he executed the AUL Opinion dated
March 3, 2008 , filed with DEP at its Northeast Regional Office under Release T acking No. 3-
10849, attached hereto as Exhibit B and made a part hereof d that, in his Op' o , this Second
Amendment to Notice of Activity and Use Limitation is co sist n there
Date: �f�r 2008
Scott VanderSea
[LSP SEAL]
zs tei.. ISCC�
1t�
V WIN
AN _Z9
No
3
COMMONWEALTH OF MASSACHUSETTS
Worcester, ss 31 -7 20 OV
On this -1 day of M a-� c A, , 2008, before me, the undersigned notary public,
personally appeared S"it Va m Aev SPry (name of document signer),proved
to me through satisfactory evidence of identification, which were
ca e eN1s�
_,to be the person whose name is signed on the preceding
or attached document, and acknowledged to me that he signed it voluntarily for its
stated purpose.
as LSP for Corporate Environmental Advisors, Inc., a corporation
(official signature and seal of notary)
Upon recording,return to:
MARI=LAWI
Corporate Environmental Advisors, Inc. Nota127 Hartwell Street COMNUN Com CHUMy CommWest Boylston, MA 01583 May
Attn: Mike Cote
EXHIBIT A
Deed Description
Four (4) certain parcels of land, together with the building thereon, situated in Salem,
Essex County,Massachusetts, bounded and described as follows:
PARCELI
WESTERLY by Washington Street, one hundred twenty-seven and 46/100
(127.46)feet;
— - -
SOUTHERLY by-said-Washington Street,sixty-three hundredths(0.63 feet);
WESTERLY by said Washington Street, one hundred one and 73/100
(101.73)feet;
NORTHWESTERLY by the junction of said Washington Street and Front Street,
eight and 00/100(8.00 feet);
NORTHERLY by said Front Street,seventy-two and 77/100(72.77) feet;
EASTERLY by land of Ida and Rose Solomon, as shown on a plan
hereinafter mentioned, by three (3) courses measuring forty
and 42/100 (40A2) feet, twenty-two and 03/100 (22.03) feet
and twenty and 00/100(20.00) feet,respectively;
NORTHERLY by land of Solomon, as shown on said plan,thirteen and 00/100
(13.00 feet);
EASTERLY by said land of Solomon,ninety-one and 67/100(91.67)feet;
SOUTHERLY by said land of Solomon,nine and 67/100 (9.67) feet;
EASTERLY by said land of Solomon,seventy and 83/100(70.83) feet;
SOUTHERLY by land of Christos and Athanasia Stathopoulos, as shown on
said plan,twenty and 50/100(20.50) feet;
EASTERLY by said land of Stathopoulos,twenty and 00/100(20.00) feet;
SOUTHERLY by New Derby Street, sixty-nine and 65/100(69.65)feet; and
SOUTHWESTERLY by the junction of said New Derby Street and said Washington
Street,three and 82/100(3.82)feet;
containing 20,023 square feet, more or less, all bounds, distances, and areas in
accordance with said plan, and being shown on a plan entitled "Plan of Land in Salem;
Property of Goldberg Trusf', dated February 11, 1966, Essex Survey Service, recorded
with Essex South District Registry of Deeds in Plan Book 106, Plan 28.
PARCELII
SOUTHERLY by New Derby Street, thirty-three and 75/100(33.75) feet;
SOUTHWESTERLY by other land of the Salem News Publishing Company, twenty
and 00/100(20.00)feet;
NORTHWESTERLY by other land of the Salem News Publishing Company, twenty
and 501100(20.50)feet;
SOUTHWESTERLY again, by other land of the Salem News Publishing Company,
seventy and 85/100 (70.85)feet;
NORTHWESTERLY again, by other land of the Salem News Publishing Company,
nine and 67/100(9.67)feet;
SOUTHWESTERLY again, by other land of the Salem News Publishing Company,
thirty-one and 38/100 (31.38) feet;
NORTHERLY by land now or r formerly of the Salem Redevelopment
Authority,being shown as Parcel RC-13A on a plan hereinafter
mentioned,twenty-six and 23/100(26.23)feet;
EASTERLY by land now of formerly of said Salem Redevelopment
Authority, being shown as Lot P-1]A on said plan, sixty-two
and 00/100(62.00)feet;
NORTHERLY by said Parcel P-t 1A, seven and 00/100 (7.00)feet; and
EASTERLY again,by said Parcel P-1]A, seventy and 00/100 (70.00)feet;
containing 3,409 square feet of land, according to said plan, and being shown as Parcel
RC-13B on a plan entitled "Property Plan Project No. Mass. R-95, Heritage Plaza East,
Salem Redevelopment Authority, Salem, Mass.", Scale 1"=20", dated August 1], 1972,
Whitman & Howard, Inc., Engineers and Architects, recorded with said Registry of
Deeds in Plan Book 144,Plan 33.
PARCEL III
SOUTHERLY by Parcel RC-13B and Parcel P-11A, as shown on a plan
hereinafter mentioned,thirty-eight and 23/100(38.23)feet;
SOUTHWESTERLY by land now or formerly of Salem News Publishing Company,
sixty and 32/100(60.32) feet;
SOUTHERLY by said land of Salem News Publishing Company, thirteen and
00/100(13.00)feet;
SOUTHWESTERLY by other land of said Salem News Publishing Company,
nineteen and 60/100(19.60)feet;
NORTHERLY by Parcel RC-13A, as shown on said plan, sixty-seven and
55/100(67.55) feet;and
EASTERLY by land now or formerly of City of Salem, seventy-six and
06/100(76.06) feet;
containing 3,812 square feet of land, according to said plan, and being shown as Parcel
RC-13B1 on a plan entitled"Subdivision Property Plan Project No. Mass. R-95, Heritage
Plaza East, Salem Redevelopment Authority, Salem, Mass.", Scale I-= 10', dated June
1, 1977, and recorded with said Registry of Deeds in Plan Book 144, Plan 33.
PARCEL TV
NOKMERLY by Front Street on two (2) courses, nine and 96/100 (9.96) feet
and sixty and 93/100(60.93)feet, respectively;
EASTERLY by land of the City of Salem, as shown on a plan hereinafter
mentioned, sixty-five and 00/100 (65.00) feet;
SOURTTERLY by Parcel RC-13B1, as shown on said plan, sixty seven and
55/100(67.55)feet;
WESTERLY by other land of Salem NewsPublishing Company, of three
courses, forty-two hundredths (0.42) feet, twenty-two and
04/100 (22.04) feet, and forty and 67/100 (40.67) feet,
respectively;
containing 4,502 square feet of land, according to said plan, and being shown as Parcel
RC-13A on a plan entitled "Subdivision Property Plan Project No. Mass. R-95, Heritage
Plaza East, Salem Redevelopment Authority, Salem, Mass.", Scale 1" = 10', dated June
1, 1977, and recorded with said Registry of Deed sin Plan Book 144,Plan 33.
F+'4r Lo&S1EA 51W11T RESIAORIM
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FORMERBOBBINGz RATE ENVIRONMENTAL
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STRE l Si. WBOYLSTON. MA.
— •J SCAIE 1l5 SHOWN OR.BY: K. INZEL
wASHINGTON OB NO.: 5500-01
SCALE EXHIBIT B SITE PLAN
0 0 40 R.
FIGURE-2
155.1N...STREET YILN.ME
(APPROKJ
EI'IBEIBIT B
Amendment to Activity and Use Limitation Opinion
Commercial Property
155 Washington Street
Salem,MA
DEP RTN 3-10849
March 7, 2008
To Whom It May Concern:
In accordance with the Amendment of a Notice of Activity and Use Limitation (AUL), a new
AUL Opinion has been prepared to modify a previous opinion submitted to support an AUL
dated July 25, 2006 for the above-referenced location. At the time of the recording of this AUL,
the subject parcel and the surrounding-vicinity are zoned-for commercial (CentralDevelopment) -
uses. As illustrated by Exhibit B attached hereto, the property is under construction and contains
one building and building demolition/construction on the remaining portion.
ORIGINAL AUL
An AUL was submitted to the DEP dated March 8, 1995. The AUL indicated the permitted uses
of the Site were:
• Commercial or industrial building;
• Paved parking areas;
• Landscaped covers;
• Short term intrusive activities such as limited construction excavations or utility
maintenance work;
• Any other activities and uses which effectively limit the use of the property by children
on a frequent basis or access to soils within three feet of the surface; and
• Such other activities or uses which in the Opinion of an LSP shall present no greater risk
of harm to health, safety,public welfare or the environment that the activities and uses set
forth in this paragraph.
The activities and uses inconsistent with the AUL Opinion included:
• Any residential use,including vegetable gardens;
• Any use where a child's frequency or intensity of use is considered high, such as a
playground or school, and
• Any use where an adult's frequency and intensity of use is considered high, and access to
soils within three feet of the surface is likely, such as digging or recreational sports on a
continuing basis.
The obligations and conditions set forth in the AUL Opinion indicated:
• Maintenance or the impervious areas and/or landscaped areas, similar to existing
conditions,to limit access to underlying soil.
DEP AUL AUDIT
The DEP conducted an audit of the AUL in an AUL Summary Compliance Review dated April
12, 2002.The findings of the compliance review indicated
"The AUL does not adequately defne what uses and activities are permitted at the Site,
what uses and activities are restricted, or what obligations and conditions must be
maintained at the Site. The obligations and conditions section requires pavement,
landscaping area and building foundation without specifying these areas on a sketch or
survey plan. The location of areas or structures that are necessary to maintain a level of
No Significant Risk must be documented. To insure the maintenance of the pavement,
landscaping and building, the locations of the structures and areas must be clearly
located on a plan and referenced in the obligations section of the AUL."
An AUL Amendment was prepared by the previous owner of the property, Van Ness
Development Corporation,dated August 1,2006 and recorded with the registry of deeds to satisfy
the requirements of the audit. The 2006 amendment included a site plan illustrating the building,
pavements,-and landscaping areas - — — —
SITE HISTORY
The Site has been used as a commercial facility since the late 1800s. Occupants included shops,
Salem Evening News, including printing areas, paint shops, restaurants, office areas, and storage
sheds. The building along Washington Street (Building #1) was constructed in approximately
1874 (three story section) and in 1926 (two story section). The second building (#2) was
constructed in 1926 and an addition in 1978. Other shops, restaurants, and painting buildings
were present in the northeast and southeast property comers, and are now gone.
Aboveground storage tanks were present at the Site and included a 5,000-gallon fuel oil AST,
2,500-gallon "ink" AST, a fuel oil storage tank of unknown volume, and a 1,000-gallon fuel oil
tank.The location of some of these tanks could not be confirmed through research.
CEA was provided information from the current owner of the Edgewater Caf6 that a past
employee of the Salem News indicated a chemical storage area was beneath the northern end of
Building#2.No other information was available.
Assessment reports were reviewed for the Site, which included the following:
• A Site Assessment and Cleanup Recommendations Report dated November 26, 1986,
prepared by Hidell-Eyster Technical Services, Inc.;
• A Groundwater Analytical Report dated November 6, 1986,prepared by Certified
Engineering and Testing,Inc.;
• A RAM Plan for Release Tracking Number(RTN) 3-0903, dated September 1994,
prepared by Haley and Aldrich,Inc.;
• A RAM Completion Report and Response Action Outcome (RAO) Statement dated
January 27, 1995 prepared by Haley and Aldrich,Inc.; and
• An RAO dated March 20, 1995,prepared by Haley and Aldrich,Inc.
1986 Assessment
A Site Assessment and Cleanup Recommendations Report dated November 26, 1986 was
prepared for the Site. The report indicated a loss of fuel oil from an aboveground storage tank
(AST)located inside a vault(Building#2) during the summer of 1986. Product was noted directly
beneath the tank during assessment, but not in soil or groundwater directly adjacent to the AST.
Borings (B-2 through B-8) advanced around the AST and completed as groundwater monitoring
wells indicated contamination in groundwater from well B-4 (total petroleum hydrocarbons by
418.1)at a concentration of 2.8 mg/1.
A groundwater analytical report dated November 6, 1986 was reviewed for a groundwater sample
collected from well B-8. The report indicated the absence (above 1 mg/1)of TPH.
Release Abatement Measure (RAM)Plan
A RAM Plan for Release Tracking Number (RTN) 3-0903, dated September 1994 was submitted
to the DEP to remove the AST located beneath Building #2 and excavate impacted soil from
beneath and around the tank. The RAM Plan indicated the following:
• A subsurface assessment was completed in June 1994. The assessment indicated TPH
was detected in groundwater collected from wells B-2, B-4, B-5, and B-8 above
background concentrations,but below 1994 applicable DEP reportable limits.
• In August 1994, two additional borings were advanced (B201 and B202) to evaluate soil
quality beneath the AST and a "blackened contaminated soil" near B-2. Soil from
_beneath-the AST_was_found tobecontaminated with "diesel fuel" at concentrations of
1,500 ppm and 6,900 ppm. The sample from B201 did not contain hydrocarbons above
laboratory detection limits.
• The RAM Plan proposed the removal of the AST and surrounding impacted soil.
RAM Completion Report and RAO Statement
A RAM Completion Report and Response Action Outcome (RAO) Statement dated January 27,
1995 was reviewed for the Site. The RAM Completion Report indicated the following:
• In October 1994 a 5,000-gallon fuel oil AST, located inside a concrete vault beneath
Building#2 was removed;
• Approximately 18 cubic yards of contaminated soil was excavated to a depth of
approximately five feet below the AST;
• Five soil samples(CS001 through CS005)were analyzed for TPH; and
• TPH concentrations ranged between non-detect levels and 59 mg/kg.
An RAO included in the above submittal for RTN 3-0903,indicated the following:
• A Method 2 Risk Characterization (M2RC) was conducted which indicated compounds
of concern pose "No Significant Risk of harm to human health, public welfare, safety,
and the environment; and
• Based on the information provided,the Site meets the requirements of a Class A-2 RAO.
Response Action Outcome Statement
An RAO dated March 20, 1995 was prepared for the Site for RTN 3-10849. The RAO was
submitted as a result of lead detected in soil around Building#2 above DEP reportable levels. The
original Release Notification Form (RNF) was not found during review of available information.
The lead was detected in soil excavated during removal of a vaulted fuel oil AST from the Site.
The RAO indicated the following:
• Six soil samples (B95-1 through B95-6) were analyzed for total lead. The results
indicated lead was present between 4 mg/kg and 1,730 mg/kg;
• Groundwater samples collected from B-2 through B-5, and B-8 indicated dissolved lead
was not detected above the laboratory method detection limit;
• The disposal site boundaries were identified as the property boundaries because there was
no single source of lead,which was thought to be related to the artificial fill;
• Based on the above information, a risk characterization indicated a risk exists from the
lead in soil only if the Site is used as a residence; and
• An Activity and Use Limitation (AUL) was prepared and submitted for the Site to limit
the use of the Site as a residence.
REASON FOR ACTIVITY AND USE LIMITATION
Lead testing was conducted on soil samples collected from the Site, which indicated
concentrations ranged between 4 mg/kg and 1,730 mg/kg, and at depths ranging between I foot
and 17 feet bgs. The exact source of the lead was not confirmed during previous assessment
activities, but was thought to be a characteristic of an artificial fill. This fill was observed during
previous assessment activities at depths ranging between 7.5 and 15 feet bgs. The fill is
characteristic of the down town Salem area and is comprised of foreign debris.
The AUL is necessary because the lead concentrations exceed applicable MCP Method 1 Risk
Characterization (M1RC) S-1/GW-2 and GW-3 standards. Groundwater was found to be absent
of dissolved lead above laboratory method detection limits. Based on the above, a level of No
Significant Risk is not supported for future unrestricted activities and uses of the property. In
order to maintain a level of No Significant Risk for future site activities and uses, an AUL is
necessary to ensure that the soil material remains inaccessible and the exposure pathways
incomplete. Activities which may result in the disturbance of the soil must also be restricted in
order to prevent exposures,which may pose a Significant Risk to sensitive receptors.
PERMITTED USES AND ACTIVITIES
(i) Activities and uses including, but not limited to, vehicular parking, pedestrian and
vehicular traffic, which do not result in the disturbance of soil beneath the pavement
and/or below ground in unpaved areas; Continuous asphalt pavement, concrete, or
landscaped areas with at least a three foot layer of "clean soil' is necessary for the
purposes of this AUL. "Clean soil' shall not contain any oil and/or hazardous materials
(OHM) at concentrations exceeding MCP Reportable Category RCS-1. Any pavement
placed on the property must be maintained. Annual inspections must be performed and
documented;
(ii) Activities and uses including commercial and industrial uses of the property;
(iii) Activities and uses including residential, if the residences are multifamily apartments or
condominiums, where any areas that are not protected by an impermeable barrier are
covered by at least three feet of clean soil defined under item(i) of this section;
(iv) Excavation associated with emergency or short term (five months or less) underground
utility and/or construction work, provided it is conducted in accordance with a Soil
Management Plan and a Health and Safety Plan under the supervision of an LSP in
accordance with Obligations (i) and (ii) of this Notice; and involves the repair and/or
replacement (if applicable) of the pavement or concrete with a comparable barrier, and
replacement of any disturbed landscaped areas with "clean soil' to a depth of at least
three feet, immediately following the completion of the project;
(v) Activities and uses which are not identified by this Notice as being inconsistent with
maintaining a condition of No Significant Risk; and
(vi) Such other activities and uses which in the Opinion of an LSP, shall present no greater
risk of harm to health, safety, public welfare, or the environment than the activities and
uses set forth in this paragraph.
RESTRICTED USES AND ACTIVITIES
(i) Activities and/or uses which are likely to involve the removal and/or disturbance of the
impacted soil located beneath the pavement or unpaved landscaped area, and/or otherwise
on the property without prior development of a Soil Management Plan and a Health and
Safety Plan in accordance with Obligations(i)and(ii)of this Notice;
(ii) Excavation or relocation of impacted soil from beneath the pavement or unpaved
landscaped area unless an LSP renders an Opinion which states that such relocation is
consistent with maintaining a condition of No Significant Risk;
(iii) Activities and/or uses of the property for agricultural or recreational purposes or
educational purposes involving a school or daycare;
(iv) Any single family residence which allows fruits or vegetables for human consumption or _
accessible soil (less than 3 feet in unpaved areas).
OBLIGATIONS AND CONDITIONS
(i) A Soil Management Plan must be prepared by an LSP and implemented prior to the
commencement of any activity that is likely to disturb the lead impacted soil located
beneath the pavement and/or in unpaved landscaped areas. The Soil Management Plan
must be prepared in accordance the guidelines discussed in the Activity and Use
Limitation Opinion;
(ii) A Health and Safety Plan must be prepared and implemented in accordance with the
guidelines discussed in the Activity and Use Limitation Opinion prior to the
commencement of any activity which involves the removal and/or disturbance of the
underlying impacted soil;
(iii) Semi-annual inspections and associated record-keeping activities must be performed to
confirm that the pavement and landscaped areas are being properly maintained to prevent
exposure(s)to impacted soil located within the AUL area.
Please contact Scott VanderSea,L.S.P.,Principal Hydrogeologist at Corporate Environmental
Advisors,Inc., 127 Hartwell Street,West Boylston,Massachusetts or the undersigned wit n}y
questions related to the AUL Opinion or attached documents.
1
Scott VaLderSea,LSP
® PROUDLY
" CF.LEHRA"PING
Ooe
X20
oro��m,a�s sen,.
Fsfa6lisAed 1985
CORPORATE ENVIRONMENTAL ADVISORS, INC.
March 19, 2008
Mr. Thomas St. Pierry
City of Salem
Zoning Official
120 Washington Street, P floor
Salem, MA 01970
PREF: First Amendment to Notice of Activity and Use Limitation
Former Salem News Property
155 Washington Street, Salem, MA
RTN 3-10849
CEA Project#5588-04
To Whom It May Concern:
This letter is to inform the City of Salem Building Code Enforcer Official, in accordance with
310 CMR 40.1403(7)(a), that Washington at Derby LLC has recorded a"First Amendment to
Notice of Activity and Use Limitation"(AUL) on the above-referenced location with the Essex
County Registry of Deeds on March 10, 2008. Enclosed please find a copy of the recorded AUL.
If you have any questions regarding the First Amended AUL,please call the undersigned at
(508) 835-8822.
Sincerely,
Corporate Environmental Advisors,Inc.
Michael H. Cote
Senior Hydrogeologist/Assistant PM
cc: Massachusetts DEP,Northeast Regional Office
Mr. Alex Steinbergh, Washington at Derby LLC
www.cea-inc.com
CORPORATE HEADQUARTERS: HARTWELL BUSINESS PARK• 121 HARTWELL STREET•WEST BOYLSTON, MA 01583•PHONE: 5OB-835-8822• FAX: 508-835-8812
Solutions Since 1985
OFFICES IN MASSACHUSETTS, CONNECTICUT, RHODE ISLAND & NEW HAMPSHIRE
, �� IIIIIIIIIIIIIIIIIIIIIIIIIII
1008031000544 gk;ZIh5I9I6IIIPI4IIhI9
0
03/10/2008 13:56:00 07HER pg 1/18
89
Form 1082B
FIRST AMENDMENT TO NOTICE OF ACTIVITY AND USE LIMITATION
M.G.L. c. 21 E � 6 and 310 CMR 40.0000
Disposal Site Name: Salem Evening News
DEP Release Tracking No.(s): 3-10849
WHEREAS,a Notice of Activity and Use Limitation has been recorded with the Salem.
Essex Registry of Deeds in Book 25944 Page 417 and/or registered with the Land Registration
Office of the Salem Registry District as Document No. 2006080100280. (said Notice of Activity
and Use Limitation and any amendments thereto are collectively referred to herein as "Notice");
WHEREAS, said Notice sets forth limitations on use and activities, conditions and
obligations affecting certain parcel(s)of land situated in Salem,Essex County,Massachusetts with
the buildings and improvements thereon,said land being more particularly bounded and described in
Exhibit A attached hereto and made a part hereof("Property"). Said limitations on use and activities
are consistent with the terms of an Activity and Use Limitation Opinion("AUL Opinion")dated July
25, 2006, signed and sealed by Mark Germano, holder of a valid license issued by the Board of
Registration of Waste Site Cleanup Professionals,pursuant to Massachusetts General Laws Chapter
21A,Sections 19-19J(the holder being referred to as"LSP")attached to the Notice of Activity and
Use Limitation as Exhibit B and made a part thereof,in order to maintain at the Property a condition
of No Significant Risk(such conditions and terms being defined in 310 CMR 40.0000); and
WHEREAS,the undersigned LSP,in accordance with Chapter 2 1 E and the MCP, has
issued and signed an AUL Opinion, dated March 7, 2008, and filed with DEP at its Northeast
Regional Office under Release Tracking No. 3-10849,attached hereto as Exhibit Band made apart
hereof Said AUL Opinion explains that the implementation of the following proposed changes in
Site Activities and Uses at the Property will maintain a condition of No Significant Risk;
NOW THEREFORE,in accordance with M.G.L. c. 21E and the MCP,the undersigned
Washington at Derby LLC,of Somerville,Middlesex County,Massachusetts,being the owner of the
Property pursuant to a deed (Exhibit C) and recorded with the Salem Essex Registry of Deeds in
Book 27060,Page 496; hereby amends said Notice as follows:
"Activities and Uses Inconsistent with the AUL Opinion", is amended to read as
follows:
(i) Activities and/or uses which are likely to involve the removal and/or disturbance of the
impacted soil located beneath the pavement or unpaved landscaped area, and/or
otherwise on the property without prior development of a Soil Management Plan and a
Health and Safety Plan in accordance with Obligations (i)and(ii)of this Notice;
(ii) Excavation or relocation of impacted soil from beneath the pavement or unpaved
landscaped area unless an LSP renders an Opinion which states that such relocation is
consistent with maintaining a condition of No Significant Risk;
(iii) Activities and/or uses of the property for agricultural or recreational purposes or
educational purposes involving a school or daycare;
(iv) Any single family residence which allows fruits or vegetables for human consumption
. . _ or accessible.soil (less than.3 feet in unpaved areas)_
"Permitted Uses and Activities Set Forth in the AUL Opinion", is amended to read as
follows:
(i) Activities and uses including, but not limited to, vehicular parking, pedestrian and
vehicular traffic,which do not result in the disturbance of soil beneath the pavement
and/or below ground in unpaved areas; Continuous asphalt pavement, concrete, or
landscaped areas with at least a three foot layer of"clean soil' is necessary for the
purposes of this AUL."Clean soil'shall not contain any oil and/or hazardous materials
(OHM) at levels exceeding MCP Reportable Category RCS-1 Reportable
Concentrations. Any pavement placed on the property must be maintained. Annual
inspections must be performed and documented;
(ii) Activities and uses including commercial and industrial uses of the property;
(iii) Activities and uses including residential,if the residences are multifamily apartments
or condominiums,where any areas that are not protected by an impermeable barrier are
covered by at least three feet of clean soil defined under subpart(i)of this section;
(iv) Excavation associated with emergency or short term(five months or less)underground
utility and/or construction work, provided it is conducted in accordance with a Soil
Management Plan and a Health and Safety Plan under the supervision of an LSP in
accordance with Obligations(i) and(ii)of this Notice; and involves the repair and/or
replacement(if applicable)of the pavement or concrete with a comparable barrier,and
replacement of any disturbed landscaped areas with"clean soil'to a depth of at least
three feet,immediately following the completion of the project;
(v) Activities and uses which are not identified by this Notice as being inconsistent with
maintaining a condition of No Significant Risk; and
(vi) Such other activities and uses which in the Opinion of an LSP,shall present no greater
risk of harm to health,safety,public welfare,or the environment than the activities and
uses set forth in this paragraph.
In all other respects the provisions of said Notice remain unchanged.
Washington at Derby LLC authorizes and consents to the filing and recordation/and or
registration of this Second Amendment to Notice of Activity and Use Limitation, said Second
Amendment to become effective when executed under seal by the undersigned LSP and recorded
and/or registered with the appropriate Registry of Deeds and/or Land Registration Office.
WITNESS the execution hereof under seal this day ofo� 20 D�.
ashmgton at Der•y L C
J
COMMONWEALTH OF MASSACHUSETTS
ss p Y�ilt�'L�! 3 200
On this 3✓Dl(day of Ma,"" 20 OS , before me, the undersigned notary
public,personally appeared (name of document signer),
proved to me through satisfactory evidence of identification, which were
"%--to 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 Manager for Washington Street at Derby LLC , a corporation
l✓ (official signature and seal of notary)
N
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s `fb
s
` o rNOF
The undersigned LSP hereby certifies that he executed the AUL Opinion dated
March 3, 2008 , filed with DEP at its Northeast Regional Office under Release T acking No. 3-
10849, attached hereto as Exhibit B and made a part hereof d that, in his Opi o , this Second
Amendment to Notice of Activity and Use Limitation is co sist n there i
Date: 2008
Scott VanderSea
[ LSP SEAL]
Sco-L
1A
E. n
- < __�fANDERSEA— - f -
. . . Na 3376Cd
4
COMMONWEALTH OF MASSACHUSETTS
Worcester, ss 3 ( "l 20 DV
On this -1 day of 1'!1 a-� c k, , 2008, before me, the undersigned notary public,
personally appeared x-it Va m dey SPcv (name of document signer),proved
to me through satisfactory evidence of identification, which were
CXo ax-¢ms.'— to be the person whose name is signed on the preceding
or attached document, and acknowledged to me that he signed it voluntarily for its
stated purpose.
as LSP for Corporate Environmental Advisors, Inc., a corporation
(official signature and seal of notary)
Upon recording, return to:
MARIE LANTI
Corporate Environmental Advisors, Inc. E6J) CW0M"M0NWSkTH NotaryPubtc127 Hartwell Street OF MASSCHUSEMComndssial E.�16es
West Boylston,MA 01583 May 16.2014
Attn: Mike Cote
EXHIBIT A
Deed Description
Four (4) certain parcels of land, together with the building thereon, situated in Salem,
Essex County, Massachusetts, bounded and described as follows:
PARCELI
WESTERLY by Washington Street, one hundred twenty-seven and 46/100
(127.46)feet;
SOUTHERLY by said Washington Sttei:t;-sixty=three hundredths(0.63 feet);
WESTERLY by said Washington Street, one hundred one and 73/100
(101.73)feet;
NORTHWESTERLY by the junction of said Washington Street and Front Street,
eight and 00/100(8.00 feet);
NORTHERLY by said Front Street,seventy-two and 77/100(72.77) feet;
EASTERLY by land of Ida and Rose Solomon, as shown on a plan
hereinafter mentioned, by three (3) courses measuring forty
and 42/100 (40.42) feet, twenty-two and 03/100 (22.03) feet
and twenty and 00/100(20.00) feet,respectively;
NORTHERLY by land of Solomon, as shown on said plan,thirteen and 00/100
(13.00 feet);
EASTERLY by said land of Solomon,ninety-one and 67/100(91.67)feet;
SOUTHERLY by said land of Solomon,nine and 67/100 (9.67) feet;
EASTERLY by said land of Solomon,seventy and 83/100(70.83) feet;
SOUTHERLY by land of Christos and Athanasia Stathopoulos, as shown on
said plan,twenty and 50/100(20.50) feet;
EASTERLY by said land of Stathopoulos,twenty and 00/100(20.00) feet;
SOUTHERLY by New Derby Street, sixty-nine and 65/100(69.65)feet; and
SOUTHWESTERLY by the junction of said New Derby Street and said Washington
Street,three and 82/100 (3.82)feet;
containing 20,023 square feet, more or less, all bounds, distances, and areas in
accordance with said plan, and being shown on a plan entitled "Plan of Land in Salem;
Property of Goldberg Trust", dated February ll, 1966, Essex Survey Service, recorded
with Essex South District Registry of Deeds in Plan Book 106, Plan 28.
PARCELII
SOUTHERLY by New Derby Street,thirty-three and 75/100(33.75) feet;
SOUTHWESTERLY by other land of the Salem News Publishing Company, twenty
and 00/100(20.00)feet;
NORTHWESTERLY by other land of the Salem News Publishing Company, twenty
and 50/100(20.50)feet;
SOUTHWESTERLY again, by other land of the Salem News Publishing Company,
seventy and 85/1 UU (70.85)tett;
NORTHWESTERLY again, by other land of the Salem News Publishing Company,
nine and 67/100 (9.67)feet;
SOUTHWESTERLY again, by other land of the Salem News Publishing Company,
thirty-one and 38/100 (31.38) feet;
NORTHERLY by land now or formerly of the Salem Redevelopment
Authority,being shown as Parcel RC-13A on a plan hereinafter
mentioned,twenty-six and 23/100(26.23)feet;
EASTERLY by land now of formerly of said Salem Redevelopment
Authority, being shown as Lot P-1 IA on said plan, sixty-two
and 00/100(62.00)feet;
NORTHERLY by said Parcel P-1 IA, seven and 00/100 (7.00)feet; and
EASTERLY again,by said Parcel P-11 A, seventy and 00/100 (70.00)feet;
containing 3,409 square feet of land, according to said plan, and being shown as Parcel
RC-13B on a plan entitled "Property Plan Project No. Mass. R-95, Heritage Plaza East,
Salem Redevelopment Authority, Salem, Mass.", Scale I"=20", dated August 11, 1972,
Whitman & Howard, Inc., Engineers and Architects, recorded with said Registry of
Deeds in Plan Book 144,Plan 33.
PARCEL III
SOUTHERLY by Parcel RC-13B and Parcel P-11A, as shown on a plan
hereinafter mentioned,thirty-eight and 23/100(38.23)feet;
SOUTHWESTERLY by land now or formerly of Salem News Publishing Company,
sixty and 32/100(60.32)feet;
SOUTHERLY by said land of Salem News Publishing Company, thirteen and
00/100(13.00) feet;
SOUTHWESTERLY by other land of said Salem News Publishing Company,
nineteen and 60/100 (19.60)feet;
NORTHERLY by Parcel RC-13A, as shown on said plan, sixty-seven and
55/100(67.55) feet; and
EASTERLY by land now or formerly of City of Salem, seventy-six and
06/100(76.06)feet;
containing 3,812 square feet of land, according to said plan, and being shown as Parcel
RC-13B1 on a pian entitled "Subdivision Property Plan Project No. Mass. R-95, Heritage
Plaza East, Salem Redevelopment Authority, Salem, Mass.", Scale 1" = 10', dated June
1, 1977, and recorded with said Registry of Deeds in Plan Book 144, Plan 33.
PARCEL 1V
NOKFHERLY by Front Street on two (2) courses, nine and 96/100 (9.96) feet
and sixty and 93/100(60.93)feet, respectively;
EASTERLY by land of the City of Salem, as shown on a plan hereinafter
mentioned, sixty-five and 00/100 (65.00) feet;
SOURTHERLY by Parcel RC-13B1, as shown on said plan, sixty seven and
55/100(67.55)feet;
WESTERLY by other land of Salem News Publishing Company, of three(3)
courses, forty-two hundredths (0.42) feet, twenty-two and
04/100 (22.04) feet, and forty and 67/100 (40.67) feet,
respectively;
containing 4,502 square feet of land, according to said plan, and being shown as Parcel
RC-13A on a plan entitled "Subdivision Property Plan Project No. Mass. R-95, Heritage
Plaza East, Salem Redevelopment Authority, Salem, Mass.", Scale 1" = 10', dated June
1, 1977, and recorded with said Registry of Deed sin Plan Book 144,Plan 33.
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SCALE EXHIBIT B SITE PLAN
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-- ' FIGURE-2
ISS WMNMOION SfRFEi YlEN.MA
(APPROX.)
EXMBIT B
Amendment to Activity and Use Limitation Opinion
Commercial Property
155 Washington Street
Salem,MA
DEP RTN 3-10849
March 7, 2008
To Whom It May Concern:
In accordance with the Amendment of a Notice of Activity and Use Limitation (AUL), a new
AUL Opinion has been prepared to modify a previous opinion submitted to support an AUL
dated July 25, 2006 for the above-referenced location. At the time of the recording of this AUL,
the subject parcel and the-surrounding-vicinity are zoned for-commercial (Central Development)
uses. As illustrated by Exhibit B attached hereto, the property is under construction and contains
one building and building demolition/construction on the remaining portion.
ORIGINAL AUL
An AUL was submitted to the DEP dated March 8, 1995. The AUL indicated the permitted uses
of the Site were:
• Commercial or industrial building;
• Paved parking areas;
• Landscaped covers;
• Short term intrusive activities such as limited construction excavations or utility
maintenance work;
• Any other activities and uses which effectively limit the use of the property by children
on a frequent basis or access to soils within three feet of the surface; and
• Such other activities or uses which in the Opinion of an LSP shall present no greater risk
of harm to health, safety,public welfare or the environment that the activities and uses set
forth in this paragraph.
The activities and uses inconsistent with the AUL Opinion included:
• Any residential use,including vegetable gardens;
• Any use where a child's frequency or intensity of use is considered high, such as a
playground or school, and
• Any use where an adult's frequency and intensity of use is considered high, and access to
soils within three feet of the surface is likely, such as digging or recreational sports on a
continuing basis.
The obligations and conditions set forth in the AUL Opinion indicated:
• Maintenance or the impervious areas and/or landscaped areas, similar to existing
conditions,to limit access to underlying soil.
DEP AUL AUDIT
The DEP conducted an audit of the AUL in an AUL Summary Compliance Review dated April
12, 2002.The findings of the compliance review indicated
"The AUL does not adequately define what uses and activities are permitted at the Site,
what uses and activities are restricted, or what obligations and conditions must be
maintained at the Site. The obligations and conditions section requires pavement,
landscaping area and building foundation without specifying these areas on a sketch or
survey plan. The location of areas or structures that are necessary to maintain a level of
No Significant Risk must be documented. To insure the maintenance of the pavement,
landscaping and building, the locations of the structures and areas must be clearly
located on a plan and referenced in the obligations section of the AUL."
An AUL Amendment was prepared by the previous owner of the property, Van Ness
Development Corporation,dated August 1, 2006 and recorded with the registry of deeds to satisfy
the requirements of the audit. The 2006 amendment included a site plan illustrating the building,
pavements,-and landscaping areas - - - - -
SITE HISTORY
The Site has been used as a commercial facility since the late 1800s. Occupants included shops,
Salem Evening News, including printing areas, paint shops, restaurants, office areas, and storage
sheds. The building along Washington Street (Building #1) was constructed in approximately
1874 (three story section) and in 1926 (two story section). The second building (#2) was
constructed in 1926 and an addition in 1978. Other shops, restaurants, and painting buildings
were present in the northeast and southeast property comers,and are now gone.
Aboveground storage tanks were present at the Site and included a 5,000-gallon fuel oil AST,
2,500-gallon "ink" AST, a fuel oil storage tank of unknown volume, and a 1,000-gallon fuel oil
tank.The location of some of these tanks could not be confirmed through research.
CEA was provided information from the current owner of the Edgewater Cafe that a past
employee of the Salem News indicated a chemical storage area was beneath the northern end of
Building#2.No other information was available.
Assessment reports were reviewed for the Site, which included the following:
• A Site Assessment and Cleanup Recommendations Report dated November 26, 1986,
prepared by Hidell-Eyster Technical Services, Inc.;
• A Groundwater Analytical Report dated November 6, 1986,prepared by Certified
Engineering and Testing, Inc.;
• A RAM Plan for Release Tracking Number(RTN) 3-0903, dated September 1994,
prepared by Haley and Aldrich,Inc.;
• A RAM Completion Report and Response Action Outcome (RAO) Statement dated
January 27, 1995 prepared by Haley and Aldrich, Inc.; and
• An RAO dated March 20, 1995,prepared by Haley and Aldrich, Inc.
1986 Assessment
A Site Assessment and Cleanup Recommendations Report dated November 26, 1986 was
prepared for the Site. The report indicated a loss of fuel oil from an aboveground storage tank
(AST)located inside a vault(Building#2) during the summer of 1986. Product was noted directly
beneath the tank during assessment, but not in soil or groundwater directly adjacent to the AST.
Borings (B-2 through B-8) advanced around the AST and completed as groundwater monitoring
wells indicated contamination in groundwater from well B-4 (total petroleum hydrocarbons by
418.1)at a concentration of 2.8 mg/1.
A groundwater analytical report dated November 6, 1986 was reviewed for a groundwater sample
collected from well B-8. The report indicated the absence (above 1 mg/1) of TPH.
Release Abatement Measure (RAM)Plan
A RAM Plan for Release Tracking Number(RTN) 3-0903, dated September 1994 was submitted
to the DEP to remove the AST located beneath Building #2 and excavate impacted soil from
beneath and around the tank. The RAM Plan indicated the following:
• A subsurface assessment was completed in June 1994. The assessment indicated TPH
was detected in groundwater collected from wells B-2, B-4, B-5, and B-8 above
background concentrations,but below 1994 applicable DEP reportable limits.
• In August 1994, two additional borings were advanced (B201 and B202) to evaluate soil
quality beneath the AST and a "blackened contaminated soil' near B-2. Soil from
beneath the AST was found to be contaminated with "diesel fuel' at concentrations of
1,500 ppm and 6,900 ppm. The sample from B201 did not contain hydrocarbons above
laboratory detection limits.
• The RAM Plan proposed the removal of the AST and surrounding impacted soil.
RAM Completion Report and RAO Statement
A RAM Completion Report and Response Action Outcome (RAO) Statement dated January 27,
1995 was reviewed for the Site. The RAM Completion Report indicated the following:
• In October 1994 a 5,000-gallon fuel oil AST, located inside a concrete vault beneath
Building#2 was removed;
• Approximately 18 cubic yards of contaminated soil was excavated to a depth of
approximately five feet below the AST;
• Five soil samples(CS001 through CS005)were analyzed for TPH; and
• TPH concentrations ranged between non-detect levels and 59 mg/kg.
An RAO included in the above submittal for RTN 3-0903, indicated the following:
• A Method 2 Risk Characterization (M2RC) was conducted which indicated compounds
of concern pose "No Significant Risk of harm to human health, public welfare, safety,
and the environment; and
• Based on the information provided,the Site meets the requirements of a Class A-2 RAO,
Response Action Outcome Statement
An RAO dated March 20, 1995 was prepared for the Site for RTN 3-10849. The RAO was
submitted as a result of lead detected in soil around Building#2 above DEP reportable levels.The
original Release Notification Form (RNF) was not found during review of available information.
The lead was detected in soil excavated during removal of a vaulted fuel oil AST from the Site.
The RAO indicated the following:
• Six soil samples (B95-1 through B95-6) were analyzed for total lead. The results
indicated lead was present between 4 mg/kg and 1,730 mg/kg;
• Groundwater samples collected from B-2 through B-5, and B-8 indicated dissolved lead
was not detected above the laboratory method detection limit;
• The disposal site boundaries were identified as the property boundaries because there was
no single source of lead,which was thought to be related to the artificial fill;
• Based on the above information, a risk characterization indicated a risk exists from the
lead in soil only if the Site is used as a residence; and
• An Activity and Use Limitation (AUL) was prepared and submitted for the Site to limit
the use of the Site as a residence.
REASON FOR ACTIVITY AND USE LIMITATION
Lead testing was conducted on soil samples collected from the Site, which indicated
concentrations ranged between 4 mg/kg and 1,730 mg/kg, and at depths ranging between 1 foot
and 17 feet bgs. The exact source of the lead was not confirmed during previous assessment
activities, but was thought to be a characteristic of an artificial fill. This fill was observed during
previous assessment activities at depths ranging between 7.5 and 15 feet bgs. The fill is
characteristic of the down town Salem area and is comprised of foreign debris.
The AUL is necessary because the lead concentrations exceed applicable MCP Method 1 Risk
Characterization (M1RC) S-1/GW-2 and GW-3 standards. Groundwater was found to be absent
of dissolved lead above laboratory method detection limits. Based on the above, a level of No
Significant Risk is not supported for future unrestricted activities and uses of the property. In
order to maintain a level of No Significant Risk for future site activities and uses, an AUL is
necessary to ensure that the soil material remains inaccessible and the exposure pathways
incomplete. Activities which may result in the disturbance of the soil must also be restricted in
order to prevent exposures,which may pose a Significant Risk to sensitive receptors.
PERMITTED USES AND ACTIVITIES
(i) Activities and uses including, but not limited to, vehicular parking, pedestrian and
vehicular traffic, which do not result in the disturbance of soil beneath the pavement
and/or below ground in unpaved areas; Continuous asphalt pavement, concrete, or
landscaped areas with at least a three foot layer of "clean soil' is necessary for the
purposes of this AUL. "Clean soil' shall not contain any oil and/or hazardous materials
(OHM) at concentrations exceeding MCP Reportable Category RCS-1. Any pavement
placed on the property must be maintained. Annual inspections must be performed and
documented;
(ii) Activities and uses including commercial and industrial uses of the property; -
(iii) Activities and uses including residential, if the residences are multifamily apartments or
condominiums, where any areas that are not protected by an impermeable barrier are
covered by at least three feet of clean soil defined under item(i)of this section;
(iv) Excavation associated with emergency or short term (five months or less) underground
utility and/or construction work, provided it is conducted in accordance with a Soil
Management Plan and a Health and Safety Plan under the supervision of an LSP in
accordance with Obligations (i) and (ii) of this Notice; and involves the repair and/or
replacement (if applicable) of the pavement or concrete with a comparable barrier, and
replacement of any disturbed landscaped areas with "clean soil' to a depth of at least
three feet,immediately following the completion of the project;
(v) Activities and uses which are not identified by this Notice as being inconsistent with
maintaining a condition of No Significant Risk; and
(vi) Such other activities and uses which in the Opinion of an LSP, shall present no greater
risk of harm to health, safety, public welfare, or the environment than the activities and
uses set forth in this paragraph.
RESTRICTED USES AND ACTIVITIES
(i) Activities and/or uses which are likely to involve the removal and/or disturbance of the
impacted soil located beneath the pavement or unpaved landscaped area, and/or otherwise
on the property without prior development of a Soil Management Plan and a Health and
Safety Plan in accordance with Obligations(i)and(ii)of this Notice;
(ii) Excavation or relocation of impacted soil from beneath the pavement or unpaved
landscaped area unless an LSP renders an Opinion which states that such relocation is
consistent with maintaining a condition of No Significant Risk;
(iii) Activities and/or uses of the property for agricultural or recreational purposes or
educational purposes involving a school or daycare;
(iv) Any single family residence which allows fruits or vegetables for human.consumption or
accessible soil (less than 3 feet in unpaved areas).
OBLIGATIONS AND CONDITIONS
(i) A Soil Management Plan must be prepared by an LSP and implemented prior to the
commencement of any activity that is likely to disturb the lead impacted soil located
beneath the pavement and/or in unpaved landscaped areas. The Soil Management Plan
must be prepared in accordance the guidelines discussed in the Activity and Use
Limitation Opinion;
(ii) A Health and Safety Plan must be prepared and implemented in accordance with the
guidelines discussed in the Activity and Use Limitation Opinion prior to the
commencement of any activity which involves the removal and/or disturbance of the
underlying impacted soil;
(iii) Semi-annual inspections and associated record-keeping activities must be performed to
confirm that the pavement and landscaped areas are being properly maintained to prevent
exposure(s)to impacted soil located within the AUL area.
Please contact Scott VanderSea,L.S.P.,Principal Hydrogeologist at Corporate Environmental
Advisors,Inc., 127 Hartwell Street,West Boylston,Massachusetts or the undersigned wit ny
questions related to the AUL Opinion or attached documents.
Sco7tt-VAiderSea,LSP
I' AU- �i
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Salem Historical Commission
120 WASHINGTON STREET,SALEM, MASSACHUSETTS 01970
(978)745-9595 EXT.311 FAX(978)740-0404
WAIVER OF THE DEMOLITION DELAY ORDINANCE
It is hereby certified that the Salem Historical Commission has waived the Demolition Delay Ordinance for the
proposed demolition as described below, as per the requirements set forth in the Historic District's Act (M.G.L.
Ch. 40C) and the Salem Historic Districts Ordinance.
Address of Property: 159-189 Washington Street
Name of Record Owner:-- -Washington at-Derby LLC------ ---- ---------
Description of Demolition Work Proposed:
Demolition of 2 of 4 buildings including 3 story wood framed,far right building at corner of Washington &
New Derby and 2 story building in rear with I story addition. Main 3-story wood framed building(middle
building on Washington Street) housing Passage to India to remain. 2 story building housing Edgewater Cafe
on corner of Washington and Front Street to remain.
Approval of the waiver is conditional that:
• Archival quality photographs be taken of the interior and exterior and provided to the Salem Historical
Commission prior to demolition;
• Historic details, specifically, careful removal of the corbels (architectural cornice brackets) should be
salvaged and reused in the new development;
• For any historic details that cannot be incorporated into the new design (i.e. tin ceilings) be offered to
the Peabody Essex Museum;
• The owner work diligently to design an appropriate perimeter fence (the Commission encourages that
the fence not be chain link, but be a whitewashed, 6'high,flatboard wood fence with a copped top with
10" wide boards); and
• The owner consider seeking approval for signage to be placed on the fence which will illustrate the
future development concept.
Dated: 8/16/07 SALEM HISTORICAL COMMISSION
By:
n
THIS IS NOT A DEMOLITION PERMIT. Please be sure to obtain the appropriate permits from the Inspector
of Buildings (or any other necessary permits or approvals) prior to commencing work.
EONoir�.Ao CITY OF SALEM, MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
n
120 WASHINGTON STREET, 3RD FLOOR
�A SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595 EXT. 380
INE�'D FAX 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
January 29, 2008
RCG, LLC
17 71valoo Street
Suite 100
Somerville, Ma. 02143
Re: Zoning for Salem New Project
155 Washington Street
To Whom it May Concern:
I have reviewed the site plan for your project. Per Site Plan Review, I am required to
review a project for zoning compliance and to forward any concerns to the Planning
Department. It is my opinion that your project, as shown, complies with the City of
Salem Zoning Ordinance and parking requirements. If any further information is
required, please contact me directly.
Sinc AAIy,
Thomas St. Pierre
Building Commissioner
Zoning Enforcement Officer