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5-7 WEBSTER STREET - BUILDING INSPECTION e l OEM& 74520 400/oP4 Commonwealth of Massachusetts !L\ y d r - � City of Salem A 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5641 Return card to Building Division for Certificate of Occupancy Permit B-2013-0676 PERMIT T O BUILD FEE PAID:: $1$145.00 DATE ISSUED: 4/8/2013 This certifies that John N. Picariello & Company has permission to erect, alter, or demolish a building 5-7 WEBSTER STREET Map/Lot: 360465-0 as follows: REPAIR/REPLACE TO FINISH WALLS REPLACE OVERHEAD DOORS WITH A BAY WINDOW AND OTHER REPAIRS AS NOTED ON THE PERMIT APPLICATION jbh Contractor Name: DBA: Contractor License No: 4/8/2013 Building Official Date This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance.The Building Official may grant one or more extensions not to exceed six months each upon written request. All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes. This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the work until the completion of the same. The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit. HIC#: 'Persons contracting with unregistered contractors do not have access to the guaranty fund"(as set forth in MGL c.142A). Restrictions: Building plans are to be available on site. All Permit Cards are the property of the PROPERTY OWNER. Commonwealth of Massachusetts Citv of Salem d ... 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595 x5647 -F Return card to Building Division for Certificate of Occupancy Structure CITY OF SALEM BUILDING PERMIT Excavation PERMIT TO BE POSTED IN THE WINDOW t Footing INSPECTION RECORD Foundation Framing Mechanical Insulation INSPECTION: BY DATE Chimney/Smoke Chamber Final e Plumbing/Gas Rough:Plumbing Rough:Gas Final Electrical Service Rough Final Load Fire Department Preliminary Final go Health Department Preliminary Final EBRD _ �GERTIFI XOF OCCUPANCY CITY OF SALEM Issued at�Bermit# �W SALEM, MASSACHUSETTS 01970 uildin Dept, DATE !"• r " IS 7 PERMIT NO. APPLICANT L,I f '(_=` f.K ADDRESSV�i_ to (N0.) (STREET) (CONTR'$LICENSE) CITY- I ? STATE I�IPZIPCODE -'� ,t TEL.NO PERMIT TO�^ II'�" [ 1P'y NUMBER OF (TYPE OF IMPROVEMENT ( NO STORY -P DWELLING UNITS— ) (PROPOSED USE) E ... ZONING _ A7(LOCATION) ( ;) -! + - -1':. _ DISTRICT ,v':_. {NO)"�{STflEET)""""' BETWEEN .....__.._ AND (CROSS STREET) (CROSS STREET) _,..... ;I;. LOT :x LOT ! t�L_]BLOCK SIZE— SUBDIVISION BUILDING IS TO BE FT.WIDE BY FT,LONG BY _FT.IN HEIGHT AND SHALL CONFORM INCONSTRUCTION TO TYPE USE GROUP_....._ BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: � - �� i, 1,. -� AREA OR PERMIT VOLUME (DURIGSOUARE FEET) ESTIMATED COST r.'cl [i_ FEE " iJ(fit • OWNER I! r[F '— BUILDING DEPT. ADDRESS '�I .r•..T BV 9 ' ANKELES, BONFANTI, VONTZALIDES & AMBELIOTIS, LLP ({/� Willowdale Office Condominium.-2 Unit 101 246 Andover Street Peabody, MA 01960-5489 Telephone 978-531-7000 ATHAN A.VONTZALIDES General Fax 978-53'2-35597 HARRY ANKELES NFCHOLAS P.VONTZALIDES (1958-1990) NICHOLAS M.AMBELIOHS Real Estate Fax 978-538-0152 MARSHALL E.HARMON (RETIRED) LEONARD A.BONFANTI' f-1 DAVID L.ANKELES` WILLIAM F.DELANEY' E-Mail: Ab JAMES o JAMES BONFANTI` Web Site: www.ahblaw.com 'Of Counsel �,} C July 17,2009 !r > Clerk's Office City of Salem 120 Washington Street Salem,MA 01970 Re: Donald A.Tucker,et A v. Robin. Stein, et al Dear Sir/Madam: Enclosed please find a 14otice'of filing an Appeal from a Salem Zoning Board of Appeal Decision together with a copy of the Appeal/Complaint filed with the Land Court Department on this date and applicable Board of Appeal Decision. Ve truly yo s, A, Wl iam F. Delaney WFDljms Enclosures COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS LAND COURT DEPARTMENT CIVIL ACTION NO. DONALD A.TUCKER,et al, Plaintiffs, N V. n �� ROBIN STEIN, REBECCA CURRAN, RICHARD E. DIONNE,BETH DEBSKI, -j BONNIE BELAIR,JIMMY TSITSINOS and y ANNIE HARRIS as they are Members of and constitute the Board of Appeals of the City of Salem, PETER COPELAS and LEWIS LEGON, Defendants NOTICE OF APPEAL Pursuant to the provisions of G.L.Chapter 40A,Section 17,notice is hereby given of the filing of an appeal to the Land Court Department of the Trial Court of the Commonwealth of Massachusetts of a grant of certain variances and special permit by the Salem Zoning Board of Appeals with regard to property located at 3 Webster Street, Salem, MA. A copy of the Complaint filed with the Land Court and the applicable Decision of the Board of Appeal are attached hereto. Respectfully submitted, DONALD A. TUCKER,et al By their attorney, �1 William F. Delaney BBO#544060 ANKELES,BONFANTI,VONT LIDES & AMBELIOTIS, LLP 246 Andover Street Peabody,MA 01960 (978) 531-7000 Dated: July 17,2009 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS LAND COURT DEPARTMENT CIVIL ACTION NO. DONALD A.TUCKER,TINA M.TUCKER, <_1 AUGUSTINE P. SOUSA,111,ANN SOUSA, LAURA LEBLANC, CELIA M.ERWIN,JOSEPH B. SCHORK, ANNE M. BACCARL CHRISTINE MICHELINI, KRISTIN AMOS-GUIDO,PAUL GUIDO, D.E. COTE, COMPLAINT PAMELA SCHMIDT,CRESENE SANGLAP,JOSEPH PATTIjEANNE M. GARRAHAN,RACHEL L. SCHORK and VIRGINIA WBITLEDGE, Plaintiffs, V. ROBIN STEIN,REBECCA CURRAN, RICHARD E. DIONNE,BETH DEBSKI, BONNIE BELAIR,JIMMY TSITSINOS and ANNIE HARRIS as they are Members of and constitute the Board of Appeals of the City of Salem, PETER COPELAS and LEWIS LEGON, Defendants INTRODUCTION 1. This is an appeal pursuant to M.G.L.Chapter 40A,Section 17,of a decision of the City of Salem Board of Appeals(hereinafter referred to as the"Board of Appeals")acting as the Variance Granting Authority under the Salem Zoning Ordinance,wherein the Board of Appeals exceeded its authority in granting certain variances and a special permit to Defendants, Peter Copelas (property owner) and Lewis Legon (named Petitioner on application). The special permit granted allows for a change in the existing non- conforming use of the property as a commercial warehouse/woodworking business to a different non-conforming use as a six (6) unit residential dwelling. The variances granted allow for a deviation from required minimum lot area per dwelling unit and minimum parking requirements. The Board exceeded its authority by granting such variances and special permit without adequate factual orlegal grounds and the Plaintiffs seek to have the Court annul that decision. A certified copy of the decision of the Board of Appeals of the City of Salem, as filed in the office of the City Clerk,for the City of Salem on June 30, 2009, is attached hereto and incorporated herein by reference and marked"Exhibit A". PARTIES AND JURISDICTION 2, The Plaintiffs, Donald A. Tucker and Tina M. Tucker (hereinafter the "Tuckers"), are individuals who own property and reside at 5.7 Webster Street,Salem,Massachusetts. 3. The Tuckers property is adjacent to and abuts the Defendant,Peter Copelas'property, and as such the Plaintiffs are parties in interest and parties aggrieved within the meaning of M.G.L.,Chapter 40A. 4. The Plaintiff,Augustine P.Sousa,111,is an individual who owns property and resides at 117 Webb Street,Salem,Massachusetts. 5. The Plaintiff,Ann Sousa,is an individual who owns property and resides at 117 Webb Street,Salem,Massachusetts. 6. The Plaintiff, Laura LeBlanc, is an individual who owns property and resides at 4 Webster Street,Salem, Massachusetts. T The Plaintiff, Celia M. Erwrin, is an individual who owns property and resides at 4 Webster Street,Salem,Massachusetts. S. The Plaintiff, Joseph Schork, is an individual who owns property and resides at 16 Pleasant Street,Salem,Massachusetts. 9. The Plaintiff, Anne M. Baccari, is an individual who owns property and resides at I8 Pleasant Street,Salem,Massachusetts. 10, The Plaintiff,Christine Michelin,is an individual who owns property and resides at 8 Pleasant Street,Salem, Massachusetts. 11. The Plaintiff,Kristin Amos-Guido,is an individual who owns property and resides at 15 Pleasant Street,Salem,Massachusetts. 12, The Plaintiff,Paul Guido,is an individual who owns property and resides at 15 Pleasant Street,Salem,Massachusetts. 13. The Plaintiff, D.L. Cote, is an individual who owns property and resides at 3 Parker Court,Salem,Massachusetts. 14. The Plaintiff, Pamela Schmidt,is an individual who owns property and resides at 121 Bridge Street,Salem,Massachusetts. 15. The Plaintiff, Cresene Sanglap, is an individual who owns property and resides at I Parker Court,Salem,Massachusetts. 16. The Plaintiff,Joseph Patti,is an individual who owns property andresides at 14 Pleasant 2 Defendant's requested variance relief. STATEMENT OF THE CASE 31. On or about May 27, 2009, the Defendants, Peter Copelas and Lewis Legon, made application to the Board of Appeals requesting that the Board grant several variances from density regulations of the City of Salem Zoning Ordinance concerning minimum lot area per dwelling unit and minimum parking requirements. The Defendants also requested the grant of a special permit allowing for the change in a non-conforming use of the property. A copy of the application is attached hereto as Exhibit'V. 32. The Board of Appeals held a public hearing on the Defendants' application on June 17, 2009.A copy of the public hearing notice is attached as Exhibit"C". 33. The Plaintiffs, "Tuckers", as well as others appeared at the public hearing and voiced their opposition to the allowance of the requested variances and special permit. 34. Following the closure of the public hearing on June 17,2009,the Salem Board of Appeals voted to grant the requested variances and special permit by a vote of four(4)members in favor and one (1)member opposed. 35. Following the initial closure of the public hearing on June 17, 2009, two (2) Board members voiced their unwillingness to grant the requested relief due to concerns about inadequacy of parking. 36. Following a re-opening and subsequent re-closing of the public hearing at the insistence of plaintiffs counsel in attendance, one of the two (2) Board members (chairperson Robin Stein) who had previously articulated her unwillingness and concern, inexplicably and without comment, changed her position and voted to grant the requested relief. 37. The Board of Appeals decision to grant the requested variances and special permit will cause the plaintiffs to be subject to and suffer from traffic congestion, parking congestion,noise,exhaust pollution,light pollution,visual obstruction and-ME severely detract from the attractiveness,usefulness and monetary value of Plaintiffs'property and otherwise detract from their quality of living. 38. The reasons given for the decision made by the Board of Appeals are insufficient in law to warrant the granting of the variances or special permit pursuant to the Salem Zoning Ordinance and under the provisions of M.G.L.Chapter 40A,and the grant of relief given by the Board of Appeals is not supported by proper reasons as required by the Salem Zoning Ordinance and by M.G.L. Chapter 40A. 39. There are no circumstances relating to the soil condition, shape or topography of the land or structures on the land of the Defendant, Peter Copelas,and especially affecting such land or structures but not affecting generally the zoning district in which the 4 Street,Salem,Massachusetts. 17. The Plaintiff,Jeanne M. Garrahan,is an individual who owns property and resides at 4 Parker Court,Salem,Massachusetts. is. The Plaintiff, Rachel L. Schork, is an individual who owns property and resides at 16 Pleasant Street,Salem, Massachusetts. 19. The Plaintiff,Virginia Whitledge,is an individual who owns property and resides at 101 Webb Street,Salem,Massachusetts. 20. The Plaintiffs named and listed within paragraphs.four(4)through nineteen(19)of this Complaint are also parties in interest and parties aggrieved within the meaning of M.G.L. Chapter 40A. 2L The Defendant,Peter Copelas,owns the property situated at 3 Webster Street,Salem, Massachusetts (hereinafter referred to as the "Locus"). The Locus contains approximately 5,000 square feet of land with an existing commercial building. The building is currently being used as a warehouse. The Locus is situated in the R-2 Zoning District. 22. The Defendant,Lewis Legon,is an individual who resides at 37 Walter Street,Salem,MA and is the named Petitioner on the applicable City of Salem ZBA petition form. 23. The Defendant, Robin Stein, resides at 141 Fort Avenue, Salem,Massachusetts and is sued in her capacity as a member of the Board,of Appeals and not individually. 24. The Defendant,Rebecca Curran,resides at 14 Clifton Avenue,Salem,Massachusetts and is sued in her capacity as a member of the Board of Appeals and not individually. 25. The Defendant,Beth Debski,resides at 43 Calumet Street,Salem,Massachusetts and is sued in her capacity as a member of the Board of Appeals and not individually. 26. The Defendant,Bonnie Belair,resides at 102A Wharf Street,Salem,Massachusetts and is sued in her capacity as a member of the Board of Appeals and not individually. 27. The Defendant,Richard Dionne,resides at 23 Gardner Street,Salem,Massachusetts and is sued in his capacity as a member of the Board of Appeals and not individually. 28. The Defendant,Annie Harris,resides at 26 Chestnut Street,Salem,Massachusetts and is sued in her capacity as a member of the Board of Appeals and not individually. 29. The Defendant,Jimmy Tsitsinos,resides at 6C Wharf Street,Salem,Massachusetts and is sued in his capacity as a member of the Board of Appeals and not individually. 30. The Plaintiffs are aggrieved by the decision of the Board of Appeals in granting the 3 Defendant's property is located, or in which a literal enforcement of the zoning ordinance would involve substantial hardship,financial or otherwise to the Defendant, Peter Copelas. 40. The decision of the Board of Appeals granting the requested variance and special permit relief cannot stand unless the Board specifically finds that each statutory requirement has been met. The specific findings necessary to satisfy the requirements of a granting of a variance or special permit are not met by mere repetition of the statutory language. 41. The decision of the Board of Appeals exceeds the authority of said Board as a matter of law and is arbitrary and capricious because,among other reasons, the decision fails to state a legally tenable reason for granting the variance and special permit relief and the reasons cited in the decision for granting the variance and special permit relief are inadequately supported by specific findings. WHEREFORE,the Plaintiffs pray that this Honorable Court: 1. Annul the decision of the Board of Appeals; 2. That this Honorable Court enter an order denying Defendants variance and special permit application or directing the Board of Appeals to deny said application; 3. Award Plaintiffs their costs and attorneys fees in this action; and 4. Grant such other and further relief as this Court deems appropriate. Respectfully submitted, DONALD A. TUCKER,et al By their attorney, ^^ William F. Delaney BBO#544060 ANKELES,BONFANTI,V AMBELIO TIS,LLP 246 Andover Street Peabody,MA 01960 (978) 531-7000 Dated: July 17, 2009 5 EXHIBIT "A" CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 0 1970 TELEPHONE: 978-745-9595 FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR ZVI! JUN 30 it. ( June 29, 2009 Ci;' J'p Decision City of Salem Zoning Board of Appeals Petition of PETER COPELAS seeking Variances from minimum lot area per dwelling unit and minimum number of parking spaces required, and a Special Permit to change from one nonconforming use to another, to allow for the conversion of a warehouse/woodworking business to six(6) residential units on the property at 3 WEBSTER STREET, Salem,MA(R2 zoning, district). Statements of fact, 1. Attorney Scott Grover presented the petition on behalf of the petitioner,Peter Copelas,who owns the property. 2. In a petition dated May 27, 2009,the petitioner requested Variances from minimum lot area per dwelling unit and required parking, and a Special Permit to change from one nonconforming use to another,in order to convert the existing warehouse/woodworking business into six residential units. 3. A public hearing on the above mentioned Petition was opened on June 17,2009, pursuant to Mass General Law Ch. 40A, §S 11. The hearing was closed on June 17, 2009,with the following Zoning Board of Appeals members present; Robin Stein (Chair),Rebecca Curran, Richard Dionne,Beth Debski,Bonnie Belair(alternate), and Jimmy Tsitsinos (alternate). 4. The Board of Appeals received six letters in support of the project and four letters in opposition to it. At the heat-irig, several residents voiced concerns about parking, privacy and the density of the proposed project, and expressed a preference for a commercial use for the property, rather than residential, because they felt a commercial use would be less 'intensive. Other neighbors spoke in support of the project, saying the redevelopment of the budding as proposed would remove blight, raise property values and benefit the neighborhood. The Board of Appeal, after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 2 1. Special conditions and circumstances exist affecting the parcel and building, which do not generally affect other land or buildings in the same district. The building, constructed in the 1880s, was built to the lot lines,taking up the entire parcel. This makes it difficult to accommodate all of the required parking on site,and difficult or impossible to meet the zoning requirements for lot area per dwelling unit in the R-2 zone for any residential development,without tearing down the structure. 2. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance, as the changes proposed would result in significant improvements to the property at 3 Webster Street. Additionally, the residential use proposed is more in keeping with the residential character of the R-2 zone than a commercial use. 3. Literal enforcement of the provisions of this ordinance would involve substantial hardship, financial or otherwise, to the appellant. 4. The applicant may vary the terms of the Residential Two-FamilyDistrictto construct the proposed development,which is consistent with the intent and purpose of the City of Salem Zoning Ordinance. 5. In permitting such change,the Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including, but not limited to, the Plans,Documents and testimony,the Zoning Board of Appeals concludes: 1. To allow for the redevelopment of the site as proposed,the requested Variances from minimum lot area per dwelling unit and minimum number of parking spaces are granted. 2. To allow for a change in nonconforming use, a Special Permit is granted. In consideration of the above, at its meeting on June 17, 2009, the Board of Appeal voted four(4) in favor(Stein,Belair,Dionne,Debski) and one (1) opposed (Curran) to grant Variances from minimum lot area per dwelling unit and minimum number of parking spaces required, and a Special Permit to change from one nonconforming use to another, to allow for redevelopment of the site as shown on the plans titled "Webster Street Condos, 3 Webster Street,Salem,MA," dated May 29, 2009,and prepared by Pitman &Wardley Architects LLC, sheets A-1 through A-4 and B-1 through B-4 subject to the following terms, conditions, and safeguards: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted to and approved by the Building Commissioner. 3 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy is to be obtained. 6. Petitioner shall obtain street numbering from the City of Salem Assessor's Office and shall display said numbers so as to be visible from the street. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to the Planning Board. 8. Unless this Decision expressly provides otherwise, any zoning relief granted does not empower or authorize the Petitioner to demolish or reconstruct the structure(s) located on the subject property to an extent of more than fifty percent (50%) of its floor area of more than fifty percent(50%) of its replacement cost at the time of destruction. If the structure is demolished by any means to an extent of more than fifty percent (50%) of its replacement cost or more than fifty percent (50%) of its floor area at the time of destruction, it shall not be reconstructed except in conformity with the provisions of the Ordinance. Robin Stein, Chair Salem Zoning Board of Appeals 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 of filing of this decision in the office of the City Clerk. Pursuant to the 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 has been filed with the Essex South Registry of Deeds. A TRUE COPE T ���MEM SALEM, MASS. Y EXHIBIT "B" r - ZONING BOARD OF APPEALS PETITION FORM gdNOrT CITY OF SALEM,MASSA.CHUSEITS �y ZONING BOARD OF APPEALS ZQ�g ;'$ 2� 32 t' 120 WASHINGTON STREET,31°FLOOR SALEM,MASSACHUSETTS 01970 CITY C! L.':ik, r^ i.`i S. 9 Danielle McKnight,Staff Planner Thomas St. Pierre,Building Inspector 'tAjj`,y$tyJr t. 979-619-56851f.978-740-0404 t.978-619-5642/£978-740-9846 TO THE BOARD OF APPEALS: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: Address: 3 Webster Street Zoning District: R-2 An application is being submitted to the Board of Appeal for the following reason(s): This statement must describe what you propose to build,the dimensions, the zone property is in, and the zoning requirements. Example: I am proposing to construct a 10'x 10'one story addition to my home located at 3 5'a/em Lane, in the R-2 Zoning District. The Zoning Ordinance requires the minimum depth ofthe rear yard to be 30 feet The current depth ofmy rear yard is 32 feel;the proposed addition would reduce the depth of the rear yard to 22 feet. see attached Statement of Grounds For this reason I am requesting: //Article VI. Sec. 6-4, Table I (�riance(s)from provisions of Seetioh",�_I r of the Zoning Ordinance,specifically from a mil. Minimum hot Area, (i.e, minimum depth ofrearyard). Whatisallowedis 7,500 a.f, per dwelling unit (fl?sgft?stories? V), and what I amproposingis 833 s.f. per dwelling unit (ft?sgft?stories?%?). ,Parking: Required: nine spaces. Proposed: 3 spaces (Article VIII, Section 8-6 (&KA Special Permit under Section _of the Zoning Ordinance in order to change f rom one nonconforming use to another. ( }Appeal of the Decision of the Building Inspector(described below): The Current Use of the Property Is: Are the lot dimensions included on the plan? (example:Two Family Home) Warehouse/ Woodworki !yeg O No n/a because The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. ZONNG BOARD OF APPEALS PETITION FORM The following written statement has been submitted with this application: { )For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands,buildings,and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the applicant;and 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. ( )For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Art.V, § 5-3. Such a statement should include reference to the following criteria: a) Social,economic,or community needs served by the proposal; b) Traffic flow and safety,including parking and loading; e) Adequacy of utilities and other public services; d) Impacts on the natural environment,including drainage; e) Neighborhood character;and f) Potential fiscal impact,including impact on City tax base and employment. Previous applications to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his representative. If different from petitioner: Petitioner: Lewis Legon Property Owner: Peter Copglas Address: 37 Walter Street Address: 15 Beckford Street Salem, MA 01970 Salem, MA 01970 Teleph ne: Telephone: (978) 317-5454 (see Gnnsent letter attached) ature Signature(Attached consent letter is also required) May 27, 2009 r May 27, 2009 Date Date If different from petitioner: ATRUE Representative: Tinti. Quinn, Grover & Frey, P.C. ATTEST Address: 27 Congress Street, Suite 414 -,'Salem, Oa : (978) —8065 7 2009 Date DATE SUBMITTED TO BOARD OF APPEALS: CITY CLERK This original application must be filed with the City Clerk. STATEMENT OF GROUNDS 3 WEBSTER STREET SALEM, MA The Petitioner is proposing to convert the property at 3 Webster Street from its present use as a warehouse/woodworking shop to six (6) residential condominium units. There will be no structural changes made to the exterior as part of the conversion. There will be three (3)off-street parking spaces provided for occupants of the building within the building iitself. The property is located in the R-2 zoning district, however, the current use of the building as a warehouse/woodworking shop, and the structure itself are legally non-conforming pursuant to Article VIII, Sec. 8 of the Zoning Ordinance. The Petitioner's proposal constitutes a change in the nonconforming use and structure which can only be accomplished with a Special Permit issued by the Board of Appeals pursuant to Article VIII Section 8-6. The Board may grant such a Special Permit upon a finding that the proposed changes will not be substantially detrimental to the public good and will not nullify or substantially derogate from the intent and purpose of the Zoning Ordinance. In addition the project also requires a variance from the density regulations of the Zoning Ordinance relating to minimum lot area per dwelling, Article VI, Table I requires a lot area of 7,500 s.f per dwelling unit in the R-2 District. In this instance, the area of the lot is 5,000 s.f which results in a lot area per dwelling unit of 833 s.f The proposal would also require a variance from the parking requirements of the Ordinance,both in terms of the number of spaces and the dimensions of such spaces. The lot in this case is occupied entirely by the building, leaving no opportunity for exterior parking spaces. The petitioner is proposing, however, to locate there(3) spaces within the building, which is six (6) spaces less than the 1 %2 spaces per unit required. The conversion of the building from use as a warehouse/woodworking shop to owner occupied housing will substantially lessen the potential impact that the use of this property could have on the surrounding neighborhood in terms of vehicular traffic, congestion and noise. Since the multifamily use is entirely consistent and harmonious with the other uses in the area, the change to such a use will not derogate at all from the intent and purpose of the Ordinance. The Petitioner's proposal is a valuable opportunity to replace a less desirable use with one that is compatible with other properties in the neighborhood. In addition, the property will be converted from a use that does not presently generate tax revenue to a use that will substantially contribute to the City's tax base. Y, The building at 3 Webster Street is substantially larger than any other residential structure in the area, consisting of approximately 9,600 s.f. To convert it from commercial to residential use requires a complete reconstruction of the interior of the building. The only way to achieve the conversion of the building to residential use is with a certain level of density to support the costs of the rehabilitation. The literal enforcement of the requirements of the R-2 District will prevent the conversion of this property, causing hardship to the property owner and the community. For the same reasons set forth above, 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. . r May 26,2009 TO: Zoning.Board of Appeals Salem,MA FR: Peter Copelas, Jr. I am the owner of the property at 3 Webster St, Salem. I authorize Lewis Legon to file a petition to change 3 Webster St. from commercial use to 6 residential condominium units. ,Lt " Q 1 , Q-" Peter Copelas, Jr. r EXHIBIT "C" oolrq�::_ CI`I"Y OF SALEM MASSACHUSETTS �P a' BOARD OF APPEAL 7 6111 o. '` 120 WASHINGTON STREET♦ SALEM,MASSACI IOS4?TTS 01970 C�MINE. '' >------_.- 1'r-.Lt�.:978-679-5685 # FAX:978-740-0404 KINIBERLF_y DRISCOLL MAYOR City of Salem Zoning Board of Appeals 978-619-5685 Will hold a public hearing for all persons interested in the petition submitted by PETER COPELAS seeking Variances from Section 6-4, Table 1 of the Salem Zoning Ordinance, specifically from minimum lot area per dwelling unit and minimum number of parking spaces required, and a Special Permit under Section 8-6 to change from one nonconforming use to another, to allow for the conversion of a warehouse/woodworking business to six (6)residential units on the property at 3 WEBSTER STREET, Salem, MA, in the Residential Two-Family Zoning District (R-2). Said hearing will be held on WEDNESDAY, June 17, 2009 at 6:30 p.m., 3`d floor, 120 WASHINGTON STREET, ROOM 313. Robin Stein Chair r J of � tt1em, usstxcljuse#fs s Puttrb of upeal hov IQ 091 �j4,,oext. CITY OF S4LVK MASS CICRx'5 OFFICE DECISION ON THE PETITION OF E.M.R. DRYWALL REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT'*5 11 EBSTER,STREETS{R-2} A hearing on this petition was held November 19, 1997 with the following Board Members present: Gary Barrett Chairman, Nina Cohen, Richard Dionne and Albert Hill. 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 Change the legally existing non-conforming use of the property as a Machine Shop manufacturing to a commercial Drywall business for the property located at 5-7 Webster 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 Sections 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 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 sought a Special Permit to operate a commercial drywall business at the site. He was represented by Athan Vontzalidez, Esq. of Peabody. 2. Under the proposed use, petitioner would install an office and would use the building for the storage of equipment, tools and ladders used in drywall installation. A maximum of 5 or 6 employees would be on site; the majority of workers would be at offsite job locations, and no heavy machinery would be installed s t DECISION OF THE PETITION OF E.M.R. DRYWALL REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 5-7 WEBSTER STREET page two at the property. 3. Petitioner explained that the business requires one tractor-trailer delivery per week, and that employees begin their day at 4:00 a.m. by loading the tools required for the job onto the work truck. 4. The proposed use has the approval of neighbor Boleslaw Przydziaol, at 13 Spring Street. 5. Paul Pelletier, of 1 Webster St. , and Celia Erwins, at 4 Webster St. objected to the proposed use on the grounds that the night- time noise would interfere with their enjoyment of their residential property on the street, and Mr. Pelletier further objected to the anticipated parking congestion that could result from the use. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . The Special Permit requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 2. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety,convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted 2 in favor, and 2 in opposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. SPECIAL PERMIT DENIED November 19, 1997 Nina Cohen, Vice Chairman Member, Board of Appeal DECISION OF THE PETITION OF E.M.R. DRYWALL REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 5-7 WEBSTER STREET page three A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of 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 or 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 Cftp of *afem, Aagoub gettg Public Propertp Mepartment 3iuilbing Mcpartment One gralrm Green 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer September 28, 1990 M i-s s-R-i-ta_Gr-auer 1101 Webb Street IS-Mem—, MA-0100 RE: 5-7 Webster Street Dear Miss Grauer: In response to your request,dated September 20, 1990 and received by this office on September 21 , 1990, for an investigation into possible vibrations and noise caused by the machinery at 5-7 Webster St, an inspection was conducted on September 27, 1990. This Department spoke with Mr. Tucker, the owner of the above referenced property and after a thorough investigation of the site, both with machines running and with the machines shut down, we could find nothing to indicate what the cause of any vibrations or noise could possibly be. I regret we could not be of more help to you, but we found no violations at Mr. Tucker's property. Sincerely, Maurice M. Martineau Assistant Building. Inspector MMM:bms cc: Mr. Don Tucker Councillor Harvey Cftp of balem, Baggacbm ettg j3ublic Propertp Mepartment Nuilbing 3Department One 6alem green 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer September 28, 1990 Miss Rita Grauer 101 Webb Street Salem, MA 01970 RE: 5-7 Webster Street Dear Miss Grauer: In response to your request,dated September 20, 1990 and received by this office on September 21 , 1990, for an investigation into possible vibrations and noise caused by the machinery at 5-7 Webster St, an inspection was conducted on September 27, 1990. This Department spoke with Mr. Tucker, the owner of the above referenced property and after a thorough investigation of the site, both with machines running and with the machines shut down, we could find nothing to indicate what the cause of any vibrations or noise could possibly be. I regret we could not be of more help to you, but we found no violations at Mr. Tucker's property. Sincerely, Maurice M. Martineau Assistant Building. Inspector MMM:bms cc: Mr. Don Tucker Councillor Harvey r L 744-6900 t;Larb of �,�pal MY 9, 1978 DECISION ON THE PETITION SUBiiIITTED BY PETER COPELAS CO�CER\ING PROPERTYJU�CC��� 117 AT S-7 WEBSTER STREET LOCATED IN AN .. 2 DISTRICT FILE r CITY "LiR+.. s1t.EH.i A hearing on this petition was held on Tuesday, day 9, 1978, at 7:00 P.M. at One Salem Green. Notices were mailed to abutters and ofners in accordance i•ritn 1;ass. General Lars, Chapter 808. Notice of the hearing was duly p.:blished in the Salem Evening News advising the public of said hearing. The following Board Members were present: Donald Eames, Arthur Labrecque, William Abbott, Jane Lundregan, .James Boulger and Associate Me^ner ^ruglas Hopper. Atty. Donald Koleman, 328 Essex St. , Salem, represented the Petitioner before the Board. The Petititioner is requesting a Special Permit in order to alloy.; Warner Cable Corp. to use the premises at 5-7 Webster St. as headquarters and to store small equipment for line installations to the homes in connection with this business as a television cable company. The premises will be for acl:unistrative offices. There brill be a secre- tary and two technicians to maintain the antenna. 'AlTo to foot service people will make home installations who will be out all day long carrying _mall equipment to the hones. There will be a limit of four storage trucks. At night, nese storage trucks will be C_ parked off the street toward the back of the building. There will be no other use for the building other than that described; no manufacturb will be done in the building. The first year will be- the busiest year for the company while installing cables throughout the City. After that it :rill slow down. There will be no retail sales on the premises. The building -has -been vacant, for several months and the Petitioner has been trying to find a suitable tenant. The Board granted the Special Permit requested in order to allow 1"'arner Cable Corp. only to use the premises for the purpose described above. They will be allowed to park four vans or light pickup trucks on the premises. The Special Permit is granted with the conditions noted above. The Board found that the Special Permit could be grante without substantial detriment to the surrounding neighbo_'ncod or iw*hout derogating from the intent of the Salem Zoning By-law. SPECIAL PERMIT GRANTED 111TIT11 CO\TITIONS NOTED APP IRON THIS DECISION, IF A\Y, SH-ALL BE TMADE PURSU.',AT TO S-CTIO\ 17 OF 1IM ,� SSS. M. LAttS, QLAPTER 808, AND SILM1 BE FILED WITi N 20 DAYS �F :l 1 iEy DXFE OF FILI\G OF Tr1IS DECISION IN THE OFFICE OF THE CITY CLERK. Copelas -2- May 9, 1978 V'ehstcr St. PURSUANT TO N'ASS. GEN. LAWS, C NPTER 805, SECTION II,THE VARIANCE OR SPECIAL PER-UT CRAN'TED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION, BEARING THE CERTIFICATION OF THE CITY CLERK THAT 20 DAYS HWE ELAPSED AND NO APPEAL HAS BEEN FILED _ OR MY!', IF SUCH A3 APPgAL :-LEIS BEEN FILED, THAT IT HAS BEEN DISARSSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND NDEXED U.\ ER THE NA6'E OF THE G,MER OF RECORD OR IS RECORDED AND NOTED ON THE UNNER'S CERTIFICATE OF TITLE. A COPY OF THIS DECISION HAS BEEN FILED IVITH THE PLANNING DEPT. AND THE CITY CLERK. BOARD OF APPEAL ane.T. Lunre2l gann Secretary C � 7 Ae�l . Lc� �; Pfi 'T6 Cirr SALEM,MASS. SEPTEMBER 15, 1976 DECISION ON THE PETITION OF PETER COPELAS FOR THE PROPERTY LOCATED AT 7 WEBSTER STREET. (R-2 DISTRICT) . Hearing on this petition was held on September 15, 1976 with Chairman John M. Gray, Sr. , and members Jane T. Lundregan, William Abbott, Arthur LaBrecque, and Donald Eames present. Notices were duly mailed to abutters and others in accord- ance with Massachusetts General Laws, Chapter 808. Attorney Donald Koleman represented the petitioner before the Board. The petitions stated that he was lodfiing for the guidance of the Board in coming up with a proposal for the use of the property. The petitioner said that the property could not be used for residential purposes, and therefore it was a hardship on the petitioner if a commercial use was not allowed for the property. The petitioner had no specific proposal in mind. He suggested warehousing of goods, wholesale and retail sale of products, the business of light manufacturing as twas carried on before. Several abutters appeared in opposition.' The Board voted unanimously to deny the petition requested. The Board found there was no hardship connected with the building, and that if the petitioner wished to change to another non-conforming use he should come in with a: specific request for a Special Permit for the particular purpose in mind. The Board found that it could not grant the special permit requested; without a specific proposal in mind, and to do so would be derogating from the intent of the Salem Zoning Ordinance and would cause substantial detriment to the surrounding neighbor- hood. DENIED APPEALS FROM THIS DECISION, IF ANY, SHALL BE iME PURSUANT TO SECTION 17 of THE MASSACHUSETTS GENERAL LX4S, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE OF FILING OF THIS DECISION, IN TEE OFFICE OF THE CITY CLERK. A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLAVNING BOARD AND THE CITY CLERK. SALEM BOARD OF APPEAL BY ,i. Secretary '�i :G . �o.•.� w, COMMONWEALTH OF MASSACHUSETTS CITY/T-GLW.N OF S A L E M ou APPLICATION FOR CERTIFICATE OF INSPECTION y Date �� �~ /� ) Fee Required (Amoun � (`) No Fee Required In accordance with the provisions of the Massachusetts State Building Code , Section 108 ,15 , I hereby apply for a Certificate of Inspection for the below-named premises located at the following address : Street and Number 7 4) Name of Premises Purpose for Which Premises is Used License( s ) or Permit ( s ) Required for the Premises by Other G ernmental Agencies : N`N&i License or Permit Agency Certificate t13Issued4 tg Address LL77 Owner of Record of Building Address Name of Present Holder of Certificate Name of Agent , if any A& &d6ozw SIGNATURE OF ERSON TO WHOM TITLE CERTIFICATE S ISSUED OR HIS AUTHORIZED AGENT DAT INSTRUCTIONS : 1 ) Make check payable to : CITY OF SALEM 2} Return this application with your check to : John B. Powers, Inspector of Buildings, City Hall Annex, One Salem Green, Salem, Massachusetts 01970 PLEASE NOTE : 1 ) Application form with accompanying fee must be submitted for each build- ing or structure or part thereof to be certified. 2 ) Application and fee must be received before the certificate will be issued . 3 ) The building official shall be notified within ten ( 10) days of any change in the above information. CERTIFICATE N _209- 9 ff EXPIRATION DATE : [y0 FORM SBCC-3-74 3c�c�d „S�, • F r BUILDING DEPT ?� 7 r !Z- DEC {2 3 26 PM! '78 RECEIVED CITY OF SALEM,MASS. tea r//cz, PERIODIC INSPECTION INFORMATION SHEET Instructions: This information sheet is not an inspection checklist. Each time a permanent file card is typed for a new building or a new card for an old build- ing, this information sheet can be prepared by the building inspector as a work sheet from which the file card can be typed. The items of information on this sheet are identical to the items on the file card. If all. the information on this sheet cannot be entered on the file card, this sheet should be 'filled out and not discarded, yr Street and Number � �/ r .$/ TL •S1 , Name of Premises .r.:r-� T /!! L 0cp Other Licenses or Permits Required Owner of Record of Building f Address----.z ? .3` l3DSTd�u S Certificate to be Issued tor--'— Address Use Group Classification Purpose Use Public or Private / /9 Number of Stories / Class of Cons truc tioate Erected Certif'ed Capaci (By' Story or Type) 42 4 Number of Rooms - Hospitals, Schools, Hotels (By Story or Type) /G Number of Dwelling Units Per Story Emergency Lighting System Means of Detecting and Extinguishing Fire 7 - Fire Alarm System Number of Elevators How Heated 10/L Boiler or Oth�Hg ng Apparatus IzV:z Z�zot 71I How Lighted (�.Z���'ff�Z r C How Ventilated Place of Assembly: Yes No_ Purpose Used In Which Story Standard Booth Installed Location Fixed Seating Algid Number of Aisles and Width of Each Fire Resistance of Curtains or Draperies Number of Sanitaries _�� Location Number of Grade Floor Means of Egress Doorways Number of Separate Stairways Accessible Per Story ~ Number of Approved Independent Exitways Per Story. 'c Remarks: / Date Certifi ate Issued Date Certificate ExpiresI Kl �n Date Orders Issued Date Orders Complied Inspector Date FORM SBCC-1-74 74 � ���e �nmmnn�a�ttl�c of ttnnttr.�n,�e#n FOR, 5DCC_:_ .n CITYI-TO V OF S A L E M ,s In accordance with the Massachusetts State Building Code, Section 108. 15, this CERTIFICATE OF INSPECTION isissued to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Peter Copelas . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sheet Metal Shop (1li'ittfg that I have inspected the. . . . . . . . . . . . . . .known as. . . . . . . . . . . . . . . . . . . . . . . . . . . located at. . . . . . 7. Webster Street. . . . . . . . . . . . . . . . . .in the. . . .City, , , , ,of, , , , , Salem. . . . . . . . . . . . . . . . . . . . . . . . . . . . County of. . . .Essex. . . . . . . . Commonwealth of Massachusetts. The means of egress are sufficient for the following number of.persons: BY STORY Story Capacity Story Capacity Story Capacity Story Capacity BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly Place of Assembly or Structure Capacity Location . , or Structure Capacity Location Sheet Metal Shop 15 First Floor 209-78 12/20/78 Change in Use or Owner 4024 Certificate Number Date Certificate Issued Date Certificate Expires Building Official The building official shall be notified within (10) days of any changes in the above information. e h L E A S E INDENTURE, made this twenty-seventh day of November, 1978, between PETER COPELAS, hereinafter called the LESSOR, which expression shall include his heirs, successors and assigns, and ROBERT A. MacLEAN and ROBERT .L. WILSHIRE, hereinafter called the LESSEE, which expression shall include their heirs, successors and assigns. WITNESSETH, that in consideration of the rent and covenants herein reserved and contained on the part of the Lessee to be paid, performed and observed, the Lessor does hereby demise and lease unto the Lessee a portion of . the premises located at 7 Webster Street, Salem, Massachusetts, with the buildings and structures thereon more particularly bounded and described as follows: A. certain lot of land, with the buildings thereon, situated in Salem, County of Essex, Commonwealth of Massachusetts, bounded and described as follows: Being lot marked A on the plan drawn by Thomas A. Appleton, C.E. , dated April 19, 1944, duly recorded with Essex South District Registry of Deeds: Beginning at a point on Webster Street, at the Southwesterly corner of the lot hereby granted and land now or late of Eastern Massachusetts Street Railway and running about Southeasterly by said land of Massachusetts Street Railway sixty (60) feet to land now or late of Brooks as shown on said plan, then turning--and running about Northeasterly, by land of Brooks thirty-six and v -50/100 (36.50) feet to a point as shown on said plan, then turning and running about Southeasterly by land of Brooks twenty (20) feet to land of Ejzmond, then turning and running about Northeasterly by land of said Ejzmond, one hundred one and 2/10 (101.2) feet to land of O'Keefe, then turning and running about Northwesterly twenty-one (21) feet to land of Eastern Massachusetts Street Railway as shown on said plan, then turning and running Southwesterly by said land of Massachusetts Street Railway seventeen and 40/100 (17.40) feet to a point as shown on said plan, then turning and running about Northwesterly by said land of Eastern Massachusetts Street Railway sixty (60) feet to Webster Street, then turning and running along Webster Street as shown on said plan, being in a slightly Southwesterly direction one hundred twenty and 5/10 (120.5) feet to the point begun at. REGNANTE@REGNANTE Said premises contain approximately 3,000 square feet. ATTORNEYS AT LAN ESSEX COUNTY BANK 6L00. 1.. Title. The Lessor represents that he has the full power, right and ROUTE ISB PEABODY, MASS. 01660 authority to enter into this Lease for the term herein granted, and that the TEL. I6171 66:-6666 leased property may be used by the Lessee during the .entire term and any ----- ---- -- -_� —- ------- - y- 1 extension thereof for the purpose of conducting a sheet metal and fabrication concern as mor& clearly defined in Appendix "A" annexed hereto. If, during the course of this Lease, such uses are forbidden by the City of Salem, then this Lease shall terminate at the option of the Lessee. 2. Repairs. The Lessor covenants to complete repairs and alterations to said premises of those items listed in Appendix "B" annexed hereto on or before January 1, 1979, or within two (2) weeks from approval by City of Salem officials, whichever occurs last, such work to beperformed in a good and. workmanlike manner. 3. Term. This Lease shall remain in full force and effect .for the term of two - (2) -years beginning with the first day of January, 1979, and ending on the thirty-first day of December, 1980, at the yearly rental of Five Thousand One Hundred Dollars ($5,100.00) payable by the Lessee to the Lessor monthly in advance on the first day of each month in the amount of Four Hundred Twenty Five Dollars ($425.00) beginning January 1, 1979. 4. Option. The term of this Lease may be extended, at the option of the Lessee, for five (5) additional one. (l) year periods. Such one (1) year options to extend shall be exercised by the Lessee by giving written notice to e\` the Lessor not less than sixty (60) days prior to the expiration of the initial vtwo (2) year term and each additional one (1) year term. Such extended terms shall be upon the same conditions and covenants as provided in this Lease for the initial term, except that the rent payable shall increase ten percent (10%) per year after the initial two (2) year term. Payment of all additional rent and other charges required to be made by the Lessee as provided in this Lease for the initial term shall continue to be REGNANTE&REGNANTE - ATTORNEYS AT LAW made during such extended terms. ESSEX COUNTY BANK BLDG ROUTE 128 5. Tax Escalator. If in any tax year commencing with the fiscal year PEABODY. MASS. 0190O - TEL. 1617) 533.0090 _ 2 _ 1980, the real estate taxes on the land and buildings,. of which the leased premises are a part, are in excess of the amount of the real estate taxes thereon for the fiscal year 1979 , (herein called the "Base Year", and being the most recent year in which the Lessor has actually received a real estate tax bill for the leased premises) Lessee will pay to Lessor as additional rent hereunder, when and as designated by notice in writing by Lessor, sixty-six percent (66%) of such excess that may occur in each year of the term of this Lease or any extension or renewal thereof and proportionately for any part of a fiscal year.. The Lessor represents to the Lessee that the term rent set . forth in the immediately preceding does not reflect any real estate tax increase subsequent to the said Base Year. Notwithstanding anything contained herein to the contrary, the Lessee shall be obligated to pay only that propor- tion of such increased tax as the unit leased by him bears to the whole of the real estate so taxed, and if the Lessor obtains an abatement of the real estate tax levied on the whole of the real estate of which the unit leased by the Lessee is a part, a proportionate share of such abatement, less reasonable attorney's fees, if any, shall be refunded to said Lessee. 6. Signs. The Lessee shall have the right, during the term of this `, Lease and any renewal thereof, to letter the windows and doors of the leased QN property and display on the exterior of the leased property suitable signs, illustrated and otherwise, advertising its name and business, provided that such lettering and signs conform to the requirements of the building and zoning by-laws of the City of Salem. 7. Non-Competition. The Lessor shall not lease any other property which he owns or in which he retains a beneficial interest located in the City of REGNANTE&REGNANTE - - - ATTORNEYS AT LAW Salem to a sheet metal concern during the term of this Lease or any extension ESSEX COUNTY BANK BLDG. RDDTE125 thereof or carry on or permit the carrying on of a similar or competitive PEABODY. MASS.01900 TEL. (011) 502-3080 - 3 - business on any other property he may own in the City of Salem. 8. Quiet Enjoyment. The Lessee, upon the payment of the rent herein reserved and upon the performance of all the terms of this Lease, shall at all times during the Lease term and during any extension or renewal term peaceably and quietly enjoy the leased property without any disturbance from the Lessor or from any other person claiming through the Lessor. 9. Maintenance. It shall be the responsibility of the Lessor to repair and maintain the structural parts of the demised premises with the buildings thereon. All such work shall be done, so far as practicable, in such manner as to avoid interference with the Lessee's use of the leased property. The Lessor shall bear the entire expense of all structural repairs required on the leased property, except for interior redecoration, erection of signs, plumbing and electrical fixtures which shall be performed by the Lessee at its option and its own expense. Any repairs shall be accomplished promptly with quality materials in a good and workmanlike manner. 10. Surrender. The Lessee shall vacate the leased property at the expir- ation or termination of the term in the condition in which such property now is, or may be, ordinary wear and tear and casualties by accidental fire \ excepted. The Lessee may at any time prior to or upon the termination of this Lease, or any renewal or extension thereof, remove from the leased property Call materials, equipment and property of every other sort or nature belonging to the Lessee, excepting erections and additions made upon the premises. In the event that the Lessee shall remove any fixtures or equipment that are connected to pipes, the Lessee shall cut all pipes to floor level and cap same. 11. Utilities. The Lessee shall pay for gas, electricity, water, light, REGNANTE&REGNANTE ATTORNEYS AT vw heat, power and telephone or other communication service used, rendered or ESSEX COUNTY BANK BLDG. ROUTE I3B supplied upon or in connection with the leased property, and shall indemnify PEABODY. MASS. OIBBO TEL. (611) 0333050 _ 4 _ the Lessor against any liability or damage on such account. 12. Right of First Refusal. If the Lessor has the opportunity to make a bona fide sale of the premises located at 7 Webster Street, Salem, Massachusetts , as more particularly described in a deed of H. S. Gilman, Inc. to .Peter Copelas dated July 18, 1973, and recorded with the Essex South District Registry of Deeds in Book 5994, Page 591, he shall give the Lessee written notice of same and the terms of such sale. The Lessee shall have the first option to purchase said premises by entering into a formal contract of sale with the Lessor within thirty (30) days of the Lessee's receipt of notice of sale. The terms of said contract shall be identical to those offered by the bona fide purchaser. The closing shall take place within thirty (30) days of execution of the contract of sale, at which time said premises are to be conveyed by a good and sufficient quitclaim deed running to the Lessee or its nominee and said deed shall convey a good and clear record and marketable title free from all encumbrances. 13. Fire and Eminent Domain. In case of damage by fire or other casualty to the leased property, if the damage is so .extensive as to amount practically to the total destruction of the leased property, this Lease shall cease and ^ ,the rent shall be apportioned to the time of the damage. In all other cases where the leased property is damaged by fire or other casualty, the Lessor shall repair the damage with reasonable dispatch, and if the damage has rendered the leased property untenantable, in whole or in part, there shall be an apportionment of the rent until the damage has been repaired. If the Lessor has failed to restore the premises within ninety (90) days from the date of such fire or other casualty, the Lessee shall have the option to 2EGNANTEa REGNANTE ATTORNEYS AT LAW terminate this Lease. In the event that the whole or any part of the leased :95EK COUNTY BANK BLDG. BRUTE 130 premises are taken by eminent domain, the Lessee shall have the right to PEABODY. NABS. OIBBO TEL, 05171 13x-3"o 5 — terminate this Lease without further liability or cause the rent to be adjusted proportionately to the amount of area remaining on the leased premises after such taking. 14. Insurance. The Lessor shall at all times during the term of this Lease, at his own cost and expense, insure and keep in effect on the leased property, fire insurance including extended coverage, covering the interests of the Lessor and Lessee, written by an insurance company doing business in Massachusetts in an amount sufficient to pay in full all losses covered thereby. During the term of this Lease, the Lessee shall keep the leased property insured, at its sole cost and expense, against claims for personal injury or property damageundera policy of general public liability insurance with limits of at least $100,000 for bodily injury and $10,000 for property damage. Such policy shall name the Lessee as the insured. 15. Assignment. The Lessee may assign or sublet all or portions of the leased property for the term or any extension thereof with the approval of the Lessor, which approval the Lessor shall not unreasonably withhold. 16. Notice. Any notice under this Lease must be in writing and must be sent registered or certified mail to the last address of the party to whom the notice is to be given, as designated by each party in writing. The Lessor whereby designates his address as 135 Boston Street, Salem, Massachusetts. The r� Lessee designates its address as 7 Webster Street, Salem, Massachusetts. 17. Re-Rentals. During the period of sixty (60) days prior to the expir- ation of the initial term or any extension thereof, the Lessee will permit the Lessor to show the premises to persons desiring to rent the same during reason- able hours of the day. REGNANTEa REGNANTE ATTORNEYS AT LAW 18. Entire Agreement. This Lease contains the entire agreement between fi9BE%COUNTY BANK BLDG. ROUTE 138 the parties and shall not be modified in any manner except by an instrument in PEABODY. PASS. OIP60 - TCL. 10171 53I-30i0 - 6 - writing executed by the parties. If any term or provision of this Lease or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. IN WITNESS WHEREOF, the said parties have hereunto set their hands and seals the day and,year first above written. Witness: PETER COPE Lessor l �f �,- tz � �� � ✓\ ROBERT A. MacLEA9, Lessee 7L.L OBEERT L. WILSHIRE, Lessee REGNANTE&REGNANTE ATTORNEYS AT LAW ESSEX COUNTY BANK BLDG. ROUTE 128 PEABODY, MASS. 01.8O TEL. (817) 532-3080 _ 7 _ APPENDIX "A" The operation of a machine and fabricating shop in the business of manufacturing, fabricating, repairing and servicing metals and metal products and other products .and riveting, welding, machining, fabricating, stamping, bending, shaping, producing from dies and cutting metals and sheet metals; and in addition thereto, producing, manufacturing, designing, servicing, air conditioning; heating units and sheet metal, restaurant equipment, custom machining and fabricating and the manufacture and design of heating and air conditioning grills, metal and other enclosures and other custom machine and metal crafting work, as well as delivering, transporting, storing equipment, machinery and materials used in the production, design and fabrication for the products produced in the normal course of operation of the business; in addi— office tion thereto, the operation of a business/in conjunction with the operation of the manufacturing, fabricating and servicing as described in this paragraph, including the employment of clerical, secretarial and business personnel, the use of office machines and equipment, the storage of office supplies and equipment, and also the display of products or services manufactured or furnished as long as the same is incidental to the conduct of the business herein described. iEGNANTE&REGNANTE - ATTORNEYS AT LAW _ '99E%COUNTY BANK BLDG. ROUTE 131 PEABODY. MASS. 01910 TEL. 16111 93$-3010 - 1 APPENDIX "B11 The Lessor shall perform the following work on the demised premises . without cost to the Lessee: 1. Provide and install fire door in accordance with Fire Department regulations. 2. Enclose boiler room according to regulations. 3. Provide and install panic bar on door according to regulations. \ \v :EGNANTE& REGNANTE - ATTORNEYS AT LAW :SSE%COUNTY BANK BLDG. ROUTE 1]O PEADODY. MASS. 01980 TEL. N517) 5333080 - NOTICE OF LEASE Pursuant to Massachusetts General Laws, Chapter 183, Section 4, notice is hereby given of the following Lease: Lessor: Peter Copelas, 135 Boston Street, Salem, Massachusetts. Lessees: Robert A. MacLean and Robert L. Wilshire, 7 Webster Street, Salem, Massachusetts. Date of Lease: November 27, 1978. Description of Leased Premises: A portion of premises located at 7 Webster Street, Salem, Massachusetts, as more particularly bounded and described in deed recorded with Essex South District Registry of Deeds in Book 5994, Page 591. Term of Lease: The term of this Lease commences January 1, 1979, and terminates on December 31, 1980, with five (5) one (1) year options to extend. This instrument is executed as notice of the aforesaid Lease and is not intended nor shall it be deemed to vary or govern the interpretation of the terms and conditions thereof. Witness the execution hereof under seal by the the Lessor and the Lessees. PETER COPE , Lessor ROBERT A. MacLVN, Lessee ROBERT L. WILSHIRE, Lessee COMMON14EALTH OF MASSACHUSETTS Essex, ss. November 27, 1978 Then personally appeared the above-named Robert A. MacL�an-"4, acknowledged REGNANTE a REGNANTE the foregoing instrument to be his free act and deed, beford me ATTORNEYS AT LAW —'- � ESSEX COUNTY BANK BLDG. ROUTE 138 '+" /�/•�♦� PEABODY. MASS. 01060 JAMES F. STERID, Notary Public — My Commission Expires: June 5, 1981 TEL. (617) 632.3080 COMMONWEALTH OF MASSACHUSETTS BUILDING DFPj ( . CITY/qLWIv' OF S ALE M Auc 10 9 z3 b1 '�0 "M APPLICATION FOR CERTIFICATE OF INSPECTION RECEIVcD ,�' Date � 7— ( Fee Required (Amount ) �24�''�' ( ) .11 No Fee Required In accordance with the provisions of the Massachusetts State Building Code , Section 108 ,15 , I hereby apply for a Certificate of Inspection for the below-named premises located at the following address : Street and Number S h/ F9 57- 5 > Name of Premises Purpose for Which Premises is Used W License( s ) or Permit ( s ) Required for the Premises by Other Governmental Agencies : License or Permit Agency Certificate to be Issued to Address /3S 8657e + � 5P7/-0M ^1655 Q 19 70 Owner of Record of Building AddressS(j M p Name of Present Holder of Certificate Name o Agent if any 4'le4 p SIGNATURE OFRSON TO WHOM TITLE CERTIFICATE S ISSUED OR HIS AUTHORIZED AGENT pj DATE INSTRUCTIONS : 1 ) Make check payable to : CITY OF SALEM 2 ) Return this application with your check to : John B. Powers, Inspector of Buildings, City Hall Annex, One Salem Green, Salem, Mass. 01970 PLEASE NOTE: 1 ) . Application form with accompanying fee must be submitted for each build- ing or structure or part thereof to be certified . 2 ) Application and fee must be received before the certificate will be issued . 3 ) The building official shall be notified within ten (10 ) days of any change in the above information. CERTIFICATE N EXPIRATION DATE : FORM SBCC-3-74 0q//0%� PERIODIC INSPECTION INFORMATION SHEET Instructions: This information sheet is not an inspection checklist. Each time a permanent file card is typed for a new building or a new card for an old build- ing, this information sheet can be prepared by the building inspector as a work sheet from which the file card can be typed. The items of information on this sheet are identical to the items on the file card. If all the information on this sheet cannot be entered on the file card, this sheet should be filled out and not discarded. Street and Number Name of PremisesL/g, _ Other Licenses or Permits'Required Owner of Record of Building Address +*^- Certificate to be Issued to Address Use Group Classificat' n — Purpose Used Public or Private /Y Number of Stories Class of Constructs /L ate Erected Certified Capacity (By Story or Type) JE IAAejr� Number of Rooms - Hospitals, Schools, Hotels (By Story or Type) Number of Dwelling Units Per Story Emergency Lighting System Means of Detecting and Extinguishing Fire M CX Fire Alarm System Number of Elevators How Heated ,(/p/✓G Boiler or Other HeatingApparatus fijlrf How LightedCom,. How Ventilated 7 Place of Asseinbly: Yes No_ Purpose Used In Which Story Standard Booth installed Location Fixed Seating Number of Aisles and Width of Each Fire Resistance of Curtains or Draperies Number of Sanitaries Location Number of Grade Floor Means of Egress Doorways "L Number of Separate Stairways Accessible Per Story Number of Approved Independent Exitways Per Story Remarks• X Date Certificate Issued Date Certificate Expires Date Orders Issued Date Orders Complied Inspector ole) '1_09A Date-- .. - _ FORM SBCC-1-74 FOW SBCC-5-74 y b CITYIT6 h9W OF S A L E M In accordance with the Massachusetts State Building Code, Section 108. 15, this n,M yJe� CERTIFICATE OF INSPECTION is issued to . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Peter Co elas. . . . . . . . . . . _ . . . . . . . . . Warehouse TatifU that I have inspected the. . . . . . . . . . . . . . . . . . . . , , , , , ,known as. . . . . . . . . . . . . . . . . . . . . . . . . . . located at. . . . . , 5 Webster Streettin the. , , Cit of Salem . . . . . . . Y County of. . . . Esse . . . . . . . . . . Commonwealth of Massachusetts. The means of egress are sufficient for the following number of persons: BY STORY Story Capacity Story Capacity Story _ Capacity Story Capacity BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly Place of Assembly or Structure Capacity Location . , or Structure Capacity Location Warehouse 10 First Floor 113-78 8/11/78 Change in Use or Owner Certificate Humber Date Certificate Issued Date Certificate Expires Building Official The building official shalt be notified within (ZO) days of any changes in the above information. r, ;. @iitu of � olein, flassuchusetts � '4=�'�.,.*° $ �irr Department ilenlitnnrtrra �amea �R. dirnwa�i _ ! May 4, 1970 Fast Company 7 gebster Street Salem, Mass. 01970 L' Sirs : k ' As a result of an inspection conducted this date of the premises owned and/or occupied by you., the following conditions were found to exist which will. require consideration by you„ to assure compliance with the Codes and Laws of the C.i.tyi.of, Saldm and the s Commonwealth of Massachusetts: 1. Occupancy of this structure has been determined to be a Use Group B-1 Moderate Hazard occupancy. , As such the structure shall be made to conform with the require- ments of the Salem 'Zoning Ordinance , The Salem Fire Code , The , Massachusetts State Building Code and Fire Prevention Regulation #4 of the Board of Fire Prevention Regulations. F. jam. 1,' • 2. You are therefore notified that continued operation of this building -. with the use as classified and the use of, any operation such as a welding; or cutting torch, etr_.i shall constitute a violation ti of said codes and laws. {Y . 3. It is therefore ordered that such furthur use of this structure for this classification of occupancy shall not be authorized . 4. The continuer; use of this ocenpancy iv 11 be in violation of the s law and you are herby so nota r' .rd . 5 The initial occupancy approval for this location shall be cleared through the Salem Bui.ldii Ins•pec'tor . w /� r!�' Lieut David (/(,Q�YFz,'1Y7 Salem lire Marshal tf z = cc ' Building Inspector kF City Electrician .•f'4 Councilor -R. Swiniuch Mr. Copelas47, s Wr SSG ©i!?C3H 111D Cw , . �d6£Aµ� �1 T X y !'y • y .. F . , f e� o ,�\ ���Df `�2IIPltt, 2ISStTCI�IISPttS °04C3 Ntrr Orpertmrnt 11p0qusrtrrs �q;rt April 18, 1978 Building Inspector John Powers Res Peter Copelas City of Salem 7 Webster St, One Salem Green Salem, Mass, Salem, Mass. 01970 New Occupancy Sir: At the request of Mr. Peter Copelas, an inspection was made of the premises situated at 7 Webster Street, for the purposes of determining the requirements of the Salem Fire Prevention Bureau for occupancy as a stora a occu a c w' , The following items were noted as requireing work to make the occupancy comply with provisions of the code. 1. F22_lJ1LJ..Durner 19 situated in the proposed storage area; shall be enclose in a boiler room as per Section 1113. 1 of the Mass. State Building Code. 2. The fuel oil tank connected with the oil burner #1, has been removed from its original location on the first floor, and has been installed outside underground in front of the building. No permit was issued to install the tank at this location. However the tank will be permitted to remain at this location subject to the correction of the following items: a. The feed and return lines shall be enclosed in a metal pipe, from at least one foot underground up to and including the point of entry into the structure. The feed oil=line pipe shall require a fire-o-matic valve to be installed at a point just inside the wall where the line enters the structure. The overhead piping shall be secured in such a manner so as to not permit jarring or any mishap. b. All the above work shall be performed by a person with a Certificate of Competency per FPR #3. 3. The door from the proposed storage room serving as an egress to the front through the office area, shall be reversed to open in the direction of egress. 4. The door from the rear of the storage area serving as an egress shall have all bolts and locks removed and proper approved hardware installed. The use of bolts on the hinged side of the door will be permitted if installed with the approval of the building inspector. 5. The stairway leading to the second floor shall be completely protected as directed by the building inspector for fire protection of the stairway. The building inspector shall also determine if a second egress is required from the second floor. 1` •, F'♦ v inspection report of April 18, 1978 at 7 Webster St. - Page #2 6. The gasoline tank located in the rear of the structure and the gasoline pump shall be removed. . A permit shall be obtained for removal of the tank under provisions of Chapter 148, General Laws. 7. The fuel oil burner ##2, situated in the furthur end of the building shall have its chimney repaired to service the unit properly. 8. The fuel oil burner and furnace #2, shall be enclosed in a boiler room as per Section 1113. 1 of the Mass. State Building Code. 9. The fuel oil storage tank for Unit ##2, shall be removed from the present exterior position or completely enclosed per code requirements. The occupancy as mentioned does not require any fire alarm installation. Final approval of all structural alterations shall be made after application and issuance of a building permit for said alterations. All electrical work shall be under provisions of the Mass. Electrical Code. with a permit obtained from the Salem City Electrician. Per�ol(rrde of \ �id . G�/ Salem Fire Marshal cc: City Electrician Condon Mr. Peter Copelas file .n s �P d' ' o v r } / "-' �% < .. ��' 5,� �'y �d� �'",;1"Paµ -'7 ���' j �^7.:"r, '�yr•g�`^z%•�`�*f�y{/ _O €I. r�P'-y ,l .ld i :iA.I /^'N y1b• �>'� ,?:;J-,:Sb :vn+T?'S Y;W+�:o.Y.x._lN 1.• �L 13 •I II " FEBRUARY 2.3, 1974C4jYCCU({{L�[[-��,{{t,��yydt�;ra ' R Y•L41'IP !l 7-t4-5900 DECISION ON THE PETITION OF PIIiER COPF.LAS C7ONCE'RN11NG PROPERTY LOCATED AT 5-7 WESSTrR SzR c_ R-3 DISTRICT A hearing on this Petition was held c,n :February 23, 1978, pursuant to P.nti!_e given to the a-)'?licant, the Stj; l.d]_-jj- in-,)sector, abutters aad o'tlaer^n in accordance with statutory reyuirers+en'ts , Mass General Laws, Ch.api.e_ 808. ±?en:iJ rs lane I.undregar, D;Jxa< 6.d i:an.%r , A_thLir Labrecq--Ye, Jamas Bo ;1gsr ,.noel Assot-iate Member Douglas Hopper wrpre pres•e!"i. Atty. Donald i:oleman, 328 Essex Sts , Salam, the :}e?tl..'G 7.Ci1':ii'•• before the Board. The property at 5-7 Wesbl: ter St, r re :e:n tly is , valid no.-n-:.C:CiT;faorm rtri is re.ques.::ing a Special. 'io c,,, a-ge said g tls2 to another non-conforming use, to %%,it: a rug clpcar;7.I'!g bus3_ne;:33 and it ?i?x'34 Gg r+37h� business. The property is p-Lesen ly Stls'M being ussladu It hZid, been used as a sheet metal fabrication ,]_;adli:. However, t.hP, 'Petitim"Le noes 3,-. wi.sh to co�i'C2i.1'1•e i e use. - Tile use has not t'ee2n ::CbaY'1 dolled a�r;d 's:)'?e F-ti tt—S3%.v? is actively seeking tertants for the blll.Iding. The question concorti.Ln7l the Board is whether the proposed uses as :.x rug cleaning business and a ccmn)ercial phote:}ra'.�,hy. 'business are aecc,?t:able, more <Ie: ep ab £ or less acceeta?gle than.. the other non-con-orming use as an sheet metal fabrication unit. other questions the Board considered was whether the said ,;ri;pc:acd users would bre ser c z noisy than the previous use and. whether t}t re woal.d be more or less 2r:afiic.. The Board fotuid that the use as a rug cleaning business vmtil = create traff?.n problc:^s in the neighborhood. and therefore voted to deity the request for a 57eci.al Percl:it for use as a rue, cleaning business. '.Che Board also sound than the operation conducting a commercial nhotogra-,hy business consisting of pilo ton-a.)hic develo_)ing and processing ^ totogra)bic films of i. dustrial. and YC7-a1 DrodUC-,..s T::aRen on the nxemises by a, S:LL!gla o:'{➢?' ri, '-ac 31:.'+'s hd.s til hel,)c'r .toE '-fit.^ +J'I'7'*..O L-' of advE;..'k isirrcg,. ill'u'"a ra ing, - would be an acce table use for the p o7,erty, The Eoard founc that the sa.i_S i+$i^ %35 a would be acce>>t:.ble as t £ pzevinus valid tion--conforr;.ing use as ci sheet m,--Lal fa5ricati.on business. r , r. Copalas 2 Febsua.y z.i, t.•5-? T:'ebster St. oda LL F' t: ed Therefore, the Board grants a Special. a=,�;Ait an *�ro-�4rt� .Coc!"at� zti at 5-7 !,:ebster Street for use as an operation coti.ducti.ng commercial photography business and the Board also denied the use or said oxo-aerty for a rug ct.eana.ng b-usiness. SPECIAL PERIIT GRANTED FOR CWNERCIAL PHOTOGRAPHY SPECIPI, PERMIT DENIED FOR RT CLEANING BUSINESS APPEAL FRO'.5 THIS DECISIO2j IF' ANY, S-IALL t>' #dlfsDz, PIMSIUANT TO SECTION 17 OF THF 15 �. GEN.. JAWS, CHAPTER 808, AND SHAL:,. BE FX1' D WITHIN i';iS l'X DAY5 P:X,,T` < T12 OF FIL.IP; OF TMIS DECISION IN THIE OFRIC,'",. O" TFE CI4Y (,LISMI:. PURSUANT TO ;MASS. GEN. LAWS, CHAPTER 808, SECTION 119 THE VARIANCE, OR SPECIAL PERMIT GRANTED HEREIN, SHALL NOT TAKE EFFEE(';' U a 17.. A COI-`Y OF I'H): DBCIS':Oi4`, B--AR-L'c' THE CERTIFICATION OF TI?E CITY CL I'tt, TMYjT 7.0 LAYS t_AVa El-ikFSSD F-�D Ni) AP ',--AL HAS BEEN FILED, OR TiIAT, IF SUCE Air APPEAL 1,..AS cE .V F11:E1-D, TTHAT IT HAS :DEEM DISMISSED OR DENIED, I5 RECORDED IN THE 'ODUTT FSSZ'r', R[?GiSTRY OF Bw'EDS AN-0 !NDE-ZED UNDER THE NAME OF THE Oi�%ER OF RECORV OR IS REODRDED AND hM ED IN T.HE C':N"LR' S CERTIFICATE OF TITLE. A COPY OF THIS DECISION HAS SEEN FILED WITH THE PL N1`NING BOAnD AND Tri . CITY I CLF,R,' tLah BOARD OF APPEAL 4P � ,3ane � 'E 7 WEBSTER STREET, SALEM, MASSACHUSETTS 01970 TEL 617-745-8980 AD ST �AL SIDING SHE 17111 E7TAL,WORKS IT n�& EIiEOT�D,N Ito ' S44 u,': •', ' FSS > " c�' �'.�. Peter Copelas September .11 ,1980 135 Boston-Street Salem Mass:_ 01970 5 I u To whom it may concern, I , Robert A. Mac Lean acknowledge that Suntaug Company, Inc. did in fact operate as a sheet metal shop up .until the month of June ,. 1980,.at the actress of 7 Webster Street in the city of Salem; Massachusetts . ':Very truly yours, Enclosure Robert A. Mac Lean RAM/dm -v( 0-1 1 t t YR fi }Y1� a E of c. y em �`�„�s_„j” 1?t��9T117$ �Pl�J2Ir#I:IPYT# Robert E. Gauthier One Salem Green September 23, 1980 Attorney Michael E. O'Brien 187 Federal Street RE: 7 Webster St. , Salem Salem, MA 01970 Dear Sir: I would like to inform you that we have diligently pursued the alleged violation at 5-7 Webster Street. On September 15th, 1980 at 2:00 P.M. a meeting was held at the City Solicitor' s office to discuss the situation. Due to the complexity caused by previous court judge- ments, issuance of occupancy certificates, decisions by the Board of Appeals, the subject matter was placed in the hands of Mr. Tinti, legal counsel for the City of Salem. I have been informed. that he will reach a decision very shortly at which time I will inform you of same. Very truly yours,, Robert E. Gauthier Building Inspector REG:tc cc: Mr. Tinti Mr. Godjikian Mr. Copelas 'J(I..iJIfdG DEI,r. MICHAEL E. O'BRIEN ATTORNEY AND OOUNSELLOYJ 11 CENTRAL STREET 107 PEOERAL STREET �.. VCff r ','0 `p1 J jjnMASS. { SALEM, MASS. PLEASE REPLY TO SALEM �t U .,EL AREA CODE 61 7 TEL.AREA CODE 017 744.9969 IT R[(:C�1Tf /�)A AApppp 962-6344 ASS�( �F�1-CI',Qr P'{ . September 17, 1980 Inspector of Buildings City of Salem One Salem Green Salem, Massachusetts 01970 Re: 7 Webster Street Salem, Massachusetts Dear Sir: Please be advised that this office represents Paul and Robert Godjikian of 117 Webb Street, Salem, Massachusetts, relative to an alleged violation of the Zoning Ordinance at the above-entitled location. My clients have reason to believe that the premises are being used as a heavy machinery business which is contrary to Zoning and use granted the owner. After you have had an opportunity to, investigate, kindly advise. Ver rulyyours , Michael E. O'Brien MEO/jp cc: William Tinti, Esquire SALEM MACHINE & TOOL CO. INC . 14 COP.7MERCIAL LT. BOX 215 SALEM;, MASS. 01970 FACILITIES LIST 1. t7ells- Index (712) C .N.C . 1 Moog Hydra-Point N.C . 1 Marena Miller V/ Digital Readout Arms Vertical-Horizontal Miller 1 Bridgeport Miller 1004 Table 1 induma Vertical Miller 1 Herter Vertical Miller 1Rivett Precision ? at ht WAY Swing 1 Clausing Lathe X9'/14" owing 1 Warner owassey Turret Lathe 1 veid ourface Grinder 1 Grob Vertical Sand 'Law 1 Perrless Horizontal Cut-Off Saw lDrill Press Numerous shop tools +A inspections equipment , Ve are -quinped. Tith a qualified Inspection process capable of inspecting any work generated and to insure confidence in any product manufactured by Salem Machine & Tool Co . r ire f r� I if Cori[^,ola,iEALT[i OF MAS;S-A CI[USE TTS { !;_rase.'-:, ss. Superior Court_ i ; F79fl I Peter Copelas , Plainti.fF ) 4 �l Vfi. ��.,John M. Gray , Sr . , W! L11-am F. ) AGREEMENT FOR AAbbott, Arthur Labrecque , Jane T . ) JUDGMENT !i `Lurndregan and Donald Eames , ; -^ as they are Members of the. 3oard Eof, Appeal of the City of Salem, Defendants ) . The Pitlintiff and the Defendants in the above-entitled � . { 'icti.on hereby come be fore this honorable Court and make the �ifollowing Agreement for Judgment , which consists of: I� 1 . That a prior non conforming use existed on the f. 11 premises located at Y7 Uebster Street, Salem, Essex County, �j �, «ansachuretts , and aid non coil f ormin)' use still txl.sts as 8 matter of law. 2 . The non conforming use that existed on the premises I consisted of the following: the operation of a machine and fabricating shop in the business of manufacturing,, fabricating, . 4 �I repai.rirn[; and servicing metals and metal Products and other products and riveting, welding, machining, fabricating, stamping, j� bending, shaping , producing from dies and cutting metals and sheet 1! metals; and in addition thereto, producing , manufacturing, �E designing , servicing, air conditioning,, heating units and sheet �+ metal, re�taur'int ec)uipment , custom machining and fabricating j Hand the manufacture and design of heating and air conditioning It �j grills , metal and other enclosures and other custom machine and � . 11 metal crafting work , as well as delivering, transporting, it j StOY'lil[', F•C)I11 p:�C llt , Gia C[i1TU:'T'y aTIC[ n:fltt'T'.La I.S used 111 the jj j' �U f3 - TZ�iv R41 j � r CSi Page 2 ! production, design and fabrication for the products produced It in the normal course of operation. of the husinessi in addition Cjthereto, the operation of a business office in conjunction with 1 jthe operation of the manufacturing, fabricating and servicing {j as descriLed in. this paragraph, including the employment of 4 !1 clerical, secrQtarral and business personnel , the use of office Machines 11111 equipment , the storage of office supplier; and IU equipment, and also the display of products or services (#� manufactured or furnished as long as the same is incidental to I the conduct of the business herein described. ! ;' 3. The property .may ?>e used in accordance with the { existing non conforming use. The hoard of Appeals of the City k 1; of Salem will consider the issuance of a special permit in i accordance with the zoning ordinance for a change in the non _ i �[con.forming use provided that thee - Board finds that the use as 17 , !!!� changed will not depart from the intent of the zoning ordinance and provided that such 'changes are not to be substantially detrimental to the existing nonconforming use to the neighborhood. DATED: March 7 , 1977, �i Donald Kolctnan, Attorney fox the II plaintiff CITY OF SALEM �f by. i