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60 WHARF STREET - BUILDING INSPECTION � , �. - __ _ ---- J _ _� `, -._ ..�� J 1' i Oxford 0 ESSELTE MADE IN U.S.A. NO. 752 113-2 CITY OF SALEM \ � f PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON Sraeer* SALEM,Mnssncl-msn-rs 07970 Ti-L:978-745-9595 ♦ PAX:978-740-9846 September 4, 2008 Mr. Dennis Gray AIA, ASLA Gray Architects Inc. 9A Derby Square Salem, Ma. 01970 RE: 60 Wharf Street, Salem Ma Dear Mr. Gray I recently received a copy of the letter you sent to Thomas Hopkins at the MAAB regarding code interpretations for renovations to 60 Wharf Street. Please be advised that although we have had numerous discussions with Mr. Mezini about that property, no building permit application has ever been filed for his intended plan to create a restaurant at the building. When a permit application is filed with a set of plans fully describing the work, seating layouts, servise area, toilets etc. and the cost of the work we will be happy to review the application including your interpretation that there is no change from a private to public jomas McGrath Assistant Building Inspector City of Salem cc: Thomas Hopkins MAAB, Mayor's Office, Legal Dept, file 60 Wharf Street Timeline 9/11/2007 Patrick Stevens, Construction Supervisors License # 81580, applied for a Permit to add a sunroom enclosure to the rear area of the second floor of this structure. The nature of this building being constructed to the lot line would require that either the sunroom would have to be stepped back 5 feet from any lot line, or a sprinkler system would have to be installed on both sides of the glass to provide adequate protection from fire. We also requested that an engineering study would be required to verify the integrity of the bearing walls and floor system that would be affected by this construction. Discussions between the contractor and the principles of this property where also held regarding the change of use and amount of the construction being suggested would trigger MAAB (Massachusetts Architectural Access Board) compliance regarding handicapped accessibility. This permit was not issued, as the contractor called to pull it off the table, as he would not be doing this project. 11/08/2007 A letter was received in this office from Sean Noonan of Better Living Sunrooms requesting information about the Zoning Requirements as they pertained to this project. This letter was answered that day by Commissioner St. Pierre. 11/19/2007 Sorkadh Mustafa, Construction Supervisor License# 95401 applied and was granted a Permit toReplace windows, Renovate both Bathrooms on the first floor, Add new tile to the basement and in stove area,New Ceilings, with all work to be done on the basement and first floor only. 11/26/2007 During the week of November 26, 2007 I (Joe Barbeau) received a call from Mr. Mustafa informing me that he would not be involved with this project that he had not begun any work himself, that he was certain that work was being performed, and that he would like to be removed from this project. At this point the Permit that had been granted was revoked. 11/28/2007 I (Joe Barbeau) went to 60 Wharf Street to see what was going on in this property. Though the doors were locked, a view through the window evidenced that work was indeed ongoing, there was a track of construction dust on the exterior stairs, and there were piles of building materials stacked within this structure. I walked over to the Coffee Shop and told the on-duty manager to please have one of the Mezini's to give me a call regarding the status of this Permit, left him my business card, and left the premises. No call was ever received by this office. 1 12/04/2007 Having not heard back from the Mezini's regarding their project, and upon receiving a complaint of on-going work at the 60 Wharf Street location, I drove by to see what was happening. As I arrived I (Joe Barbeau) observed a workman entering the property. I parked my vehicle and proceede to enter the structure through the front door. As I entered this Public Building (as is my right under the Provisions of 780 CMR Chapter 1 Section 15.6 as provided for under MGL 143/94) I announced my position and presence on the site, and inform the subcontractors that I was shutting this project down for lack of proper permitting. I went to the window to remove the revoked permit, as this was still in the window so as to detract from further scrutiny. As I was turning towards the windows I heard the elder Mr. Mezini charging up the basement stairs. He immediately started screaming at me to leave his building. I explained to him that under the law I had the right to enter this premise, that he was working in violation of the Building Code and that his project was shut down. At no time during this encounter did Mr. Mezini and I come within three feet of each other. As a matter of fact I repositioned myself twice so as to maintain such a distance, for my own safety. Mr. Mezini loudly proclaimed that he was calling the Police, at that point I left the property to get my phone from my vehicle so that I could also call SPD for some back up. My phone was not functioning, so I used my Municipal Radio to contact Fire Dispatch, where I requested that Jack Doberachelski (Dispatcher) contact SPD and have a squad car sent to assist me. During the intervening time one of the younger Mezini brothers came over went into the building, when I went back to the door to talk to him I found the door locked, and the only response was that the Police were on their way. Just a couple of minutes later Officer DJ Gannon arrived from SPD. I met briefly with Officer Gagnon, handing him the page right out of my Code book that covers the `Right of Entry'. I explained the nature of the offense, the situation, my right of entry under the law, and the Revoked status of their Building Permit. The Officer then explained to one of the younger Mezini's that he would not be arresting me for trespassing as I had lawful right of entry, and that he would not arrest me on the charge of theft for taking the Revoked Permit as that was also my right. At that point both Officer Gagnon and myself left the scene. I have had only minimal involvement with this Property since that time. I have had brief conversations with members of the Mezini family at the Building Office Counter or on the phone; and these were only to pass on information from the Commissioner. I have not set foot on any property owned or operated by this family, nor will I in the future. I have as you will read further gone to District Court to defend myself from their spurious charges against me. And I think it is important to note here that these personal and malicious attacks on my character continue to this day. I feel that this is nothing more than a deliberate action to mask the fact that this family has continued to flaunt the law, the code and the zoning ordinance, and by making me a scapegoat they will deflect any interest in the fact that they continue to break the law. 2 12/05/2007 Charges of Criminal Trespass were filed against Joe Barbeau at District Court, by Anil Mezini. It should be noted that Anil Mezini was not present at the above mentioned incident, was not witness to any of the events he describes, nor did he produce a witness that would back up his claims. 01/17/2008 A Permit was granted to Kaplan Kapo, Construction Supervisor's License #97174 to Install seven replacement windows and a door. No mention of any new location was made, it was inferred that these were all replacement windows. This Permit was granted, however, upon inspection by Commissioner St. Pierre, it was found that 5 windows were in fact replaced, but two of the Permitted windows were not replacements, but were new installations. No consideration to the integrity of the brickwork or the location regarding fire separation was given, as required under Section 703.1 of the Code. This clearly exemplifies the need for proper documentation and permitting, including peer review by an Architect or Engineer. 01/30/2007 A Magistrates Hearing was held on this day in regards to the above action. It was attended by the brothers Mezini, myself, and Atty. John Bosse from our Legal Department. The Clerk Magistrate hearing this case was Brian Sullivan. At that point Mr. Sullivan found no probable cause for this to go forward, the case was dismissed. 02/06/2008 A letter was received from the Clerk Magistrate's Office at District Court stating the lack of probable cause and the dismissal of this matter. 02/12/2008 A letter was received in this office regarding the request by one Atty. Sobelman to one Judge Robert Cometta at Salem District Court requesting a Judicial Review of the Clerk Magistrate Sullivan's decision to dismiss this matter. 04/23/2008 (on or about) This matter was taken up before Judge Mori at District Court. I attended this hearing without legal representation as no one from our Legal Department could be available. After hearing the arguments of Atty. Sobelman and myself, Judge Mori upheld the decision of Magistrate Sullivan. At this point I felt that this matter would finally go away. However, even in the current letter to Mayor Driscoll the continued allegation by Anil Mezini that I had a physical altercation with his father continues. I have taken this matter up with my own attorney, as I have grown tired of this continued assault on my integrity(see below). 3 06/09/2008 A Violation letter was sent to the Mezini's as a Stop Work Order due to the discrepancies between what we had been told was being done (conversion to a retail store), again no plans on file in this office, and a plan filed with the Health Department clearly showing a Restaurant style set up. 06/10/2008 Anil Mezzini comes to the office requesting a discussion of this letter with Commissioner St. Pierre. The lack of right of appeal information was noticed by the Commissioner, and this letter was amended immediately and handed directly to Anil Mezini. 06/12/2008 Anil Mezini arrives at the counter to demand a further amended letter, he demands that such letter state that no other work would be required if he meets the requirements of the 6/10/2008 Violation letter. Further he again wants even more specific code information. Much of this information requested was previously given to Mr. Mezini. He is told at that time to return on Monday the 16`h to receive that amended letter. 06/16/2008 On this morning Mr. Mezini arrives at the office to pick up said further amended Letter. Tom McGrath gives Anil this letter. Thomas McGrath steps up to try and answer any further questions. Mr. Mezini continues to rudely insult all members of this department, making comments that include "you are parasites", and "you are all incompetent". At this point, Mr. McGrath did succumb to the anger that builds when you are under constant attack from a rude and inconsiderate person that questions every point and has shown an unwillingness to comply with any request or point of code. May and June Summation While trying to stay above this continued fray I have had to speak with the Mezini's from time to time at the Counter. This I avoid if at all possible due to my rather unpleasant previous dealings with them. However, attending to customers at the counter is part of my job. In late Mayor early June the Elder Mr. Mezini came to our counter abut this project, I passed Mr. St. Pierre's instructions on to this man, who then began a diatribe about the continued pain he was suffering as a result of this fictional assault, he continued ad nauseum until I walked away. During late May and June Anil Mezini started stopping by this office to communicate with both Tom McGrath and Tom St. Pierre, again I tried to stay uninvolved with this matter. It is important to note that on several occasions during this time Mr. Anil Mezini would arrive at our counter bearing a tape recorder so that he could tape our conversations. He was told this was not an acceptable practice, and that no one would talk with him under that circumstance. My final dealing with this family to date was about two weeks ago at the Counter 4 when Anil arrived to speak once again with Mr. St. Pierre. I went to Tom's office to tell him of Anil's arrival, and was told that conversation with these people was done that he had his letters and his compliance requirements, and that they could either comply or take it to the BBRS. Again, Anil Mezini reiterated his spurious allegations regarding the alleged altercation with his father, may I remind the reader again that Anil Mezini was not witness to the incident. I was not witness to the incident regarding Mr. Mezini's allegations against Inspector McGrath, as I was on vacation at the time, but I can say with certainty from my own experiences with this family that any reaction was most likely a provoked reaction. The members of this family have been rude and argumentative when in this office; there has been a tendency by this family to try to hang their hat on a point of Code that doesn't apply so as to justify their actions and avoid the points that do apply. Case in point would be the argument by their attorney regarding my right of entry, Atty. Sobelman tried unsuccessfully to argue that under Section 115.2 of the Code that I could only inspect the premises by giving a 24 hour notice, and that my right of entry was denied because I was not bearing a written letter of my intention to Stop Work. As he learned in Court such was not the case, as under 115.6 I may enter any public space during normal business hours to conduct any needed inspections, or to monitor, stop, or investigate illegal actions under the code. The Mezini's have been deliberate in their deceit; we have never had a clear picture of what they want to do in this location. We have never seen an Architects Review, a full set of plans, or the true and proper permitting that is customary with a commercial project. It is my opinion that these allegations against this department are an attempt to brow beat us into submission so that they can go forward on this property without ever meeting the Code Required documentation for such a project. The refusal to consider the MAAB aspect of this project, by claiming it does not meet the Dollar threshold; while ignoring the constant reminder from all of our inspectors that it is the Change of Use under Section 3400.3.6, which states that any change to an A3 use, even within the same use group is what is the triggering mechanism. 5 Certificate No: 298-09 Building Permit No.: 298-09 Commonwealthof Massachusetts 1.City of Salem Building Electrical Mechanical Permits This is to Certify that the Restaurant located at ------------------------- ---------------------------- Dwelling Type 60 WHARF STREET in the CITY OF SALEM ------------------------------------------------------------------------- ------------------------------------------------------------------------ Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires unless sooner suspended or revoked. Expiration Date q Issued On: Tue Jan 20,2009 — -- �----- -------------------------- -------------------------------------------------- GeoTMS®2009 Des Launers Municipal Solutions,Inc. ---- --------------------------- CO a +� woo 2 Ole CITY OF SALEM, BUILDING PERMIT 4,a, re ' z S —Y i A. CITY OF SALEM a PUBLIC PROPERTY DEPARTMENT KIMBERLEY DIUSCOLL MAYOR 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS01970 TFL:978-745-9595 ♦ PAx:978-740-9846 REQUIRED INSPECTION PROPERTY ADDRESS 60 Wharf Street June 9, 2008 Mr. Anil Mezini 197 Derby Street Salem, MA 01970 Dear Mr. Mezini We have been notified by the Health Department that you have submitted plans for their approval for a restaurant and coffee roasting business at 60 Wharf Street. The plans submitted indicate an amount of work that requires a building permit. No plans or permit applications have been filed at this office. You are hereby ordered to halt all construction activity until a permit application is submitted and reviewed by us and the property inspected by us. The project , as described in the plans submitted to the Health Department will require plans prepared by a registered Architect and must comply with the State Building and Plumbing Codes as well as the regulations of the Massachusetts Architectural Access Board. Our inspection must be completed on or before June 20, 2008; failure to respond to this notification will be construed as non- compliance, and as such an Administrative Search Warrant will be sought, so as to allow the lawful inspection of this property. If you have any further questions regarding this letter, please call this office at (978) 745- 9595, exte o 5644. Sinc y, Thomas E. McGrath, AIA Assist Building Inspector/Local Inspector C k,Clil ealth Dept., Fire Prevention, Mayor's Office, Councilor McCarthy fi 0 WHARF STREET 298-09 COMMONWEALTH OF MASSACHUSETTS [Map: 34? r i Block ,,, ,t Bmf ``AK- CITY OF SALEM Lot 0481 .,. Category:,,',:�:I,�: REPAIR/REPLACE,, n„ Pent# 298-09 i F� vgh, �. ; BUILDING PERMIT' Project# „h.JS-2009 000452 n , ; Est. Cost: `_ $10,000.00- Fee Charged: 10;000 00 'FeeCharged: $115.00 . Balance Due: $ oo " PERMISSION IS HEREBY GRANTED TO: Const Class:. Contractor: License: Expires Use GroupF.( ' a Gray Architects Inc. Lot Slzc(sq.-R): 1825 164 11.1 MQOwner: MEZINIANIL Units Gairied: t, ", ,,,'I,tr; rAppticattt: Gray Architects Inc Units Lost: :-' fi n SAT: 60 WHARF STREET DIg Safe#:> 'v 4 ' ISSUED ON: 06-Oct-2008 AMENDED ON: EXPIRES ON: 06-Mar-2009 TO PERFORM THE FOLLOWING WORK: INSTALLATION OF NEW SHELVING, COUNTERS AND SINKS. REMOVAL OF PLYWOOD AT SIDE WINDOW(FIRST FLOOR ONLY)jhb POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Undergrun nd: Excavation: Service: !! Meter: 00 Footings: Rongh:�"�J� �/ Rough: Rough: ' U'/"-f Foundation: Final�� fj Final: Final: Bough Frame: Fireplace/Chimney: D.P.W. Fire Health Insulation: n Meter: oZJj}/ i /OJ/_ty House q SSm Final: 01 Smoke: r �If r 0.` Water: O. --;m.` r� I I Assessor Treasury: 'V Sewer: Sprinklers: 'Y� Final: O �C ^ tit THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION NY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: AmuunC ad31t-intNr. r _ nno-nnns30 06-Oct-08 1059 SI15.00 An inspection is BEQJIBM Q 1 ompletion of work, pleme cd 745-M5&L ,fLy,v GeoTMS®2008 Des Lauriers Municipal Solutions,Inc. �. 1r _ I �•C0�11�NT��! J y N � YSpYE AC 1� CITY OF SALEM BUILDING PERMIT CITY OF SALEM MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET, 3"D FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 I INMERLEY DRISCOLL MAYOR THOMAS ST.PIERRh DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER March 25, 2009 Anil Mezini 60 Wharf Street Salem. Ma.01970 R.E. Permit# 589-09 Mr. Mezini, Recently ,we spoke with your architect ,Dennis Gray, regarding construction of a second floor residential unit at your building. The lack of a second means of egress prevented your architect from being able to produce a Code compliant plan. You then proceeded to submit an application for an office fit up. We approved the use of the space for an office. Yesterday, a plumber applied for a plumbing permit for the second floor. He was attempting to permit the installation of a bathroom,with a tub, and a kitchen. It is my opinion that you are trying to do an end run and install the accessories needed to support a residential use.I have instructed the Plumbing Inspector to not issue the permit.I will contact your Architect,who pulled the permit, to discuss this matter. If you feel you are aggrieved by the denial of the permit,your Appeal is to the Salem Zoning Board of Appeals. Tho s St.Pierre Building Commissioner/Director of Inspectional Services cc. Jason Silva, Beth Rennard , 0 EOFF FF. //ll ti �a Anil Mezini, Owner 197 Derby Street Salem, MA 01970 978.223.8982 June 17, 2008 Mayor Kimberly Driscoll Salem City Hall 93 Washington Street Salem, MA 01970 Dear Mayor Driscoll, My name is Anii Mezini and I am a 24 year old business owner here in Salem. i've lived in Salem since 1995, went to school at witchcraft Elementary then Collins Middle School, Salem high School and just this year i finished my degree at Salem State College. i've lived in Salem for thirteen years now and i've worked for most of that time, having three jobs during high school to help my parents pay the bills. unlike most of my friends, I have not moved away but remained in Salem, hoping to give something back to the community I grew up in. Yet despite all this, very recently, i was told "r** YOui" three times in succession by Thomas McGrath, Assistant Building inspector, "This is not Albania." when i went to see him at the building department. i graduated in the top ten percent of my class and stili keep in touch with my teachers at Collins, Salem High and Salem State College, and i wouid encourage that you contact them to ask about my personality, attitude and behavior since they have known me for a number of years. Here are some of my teachers and professors' names: Martha Tierney—Collin Middle School 978.740.1193 Leslie Schwartz— Collins Middle School 978.740.1193 David Angeramo— Saiem High School, Principal 978.740.1123 Andrew Wulf—Salem High School, Housemaster—Essex 978.740.1147 Gayle Sullivan — Salem High School, Nurse 978.740.1119 Carol Carr— Salem High School 978.825.5408 Rod Kessler— Salem State College 978.542.6389 r - in August of 2007 I purchased the did Russian Aid society building at 60 Wharf Street. i planned to open up a second location of my cafe here and wanted to build a second floor on me building. upon first meeting Joseph E. Barbeau, Jr., Assistant Building inspector, he advised me that building the floor would mean that even though the building was over i00 years old, because of the major update it would trigger the $i00,000 or its of the building value threshold which means that the whole building would have to be updated to be ADA compliant and accessible. After some trouble with our contractors, we decided to cancel our plans and keep the building as it was, under the impression that we would not have to make further changes. Since men, there were some problems with ivlr. Barbeau coming into our building unauthorized with no papers or notice of cancellation to our Buiiding Permit and physically bumping my father with his chest. The police were called and we filed a lawsuit that we later dropped on the advice of our attorney, Steven Sobemai, who warned us that we would have "the whole building department against us." Since then, our problems have only worsened with every trip to the building department resulting in more confusion as together the building inspectors, Thomas St.Pierre, Joseph Barbeau and the latest addition to their team, Thomas E. McGrath throw out codes at us and upon us disproving that many of them would even apply, we get a fresh barrage. i am enclosing two of the most recent letters 1 received from the building department; one from June y, 2008 and the other from June 16, 2008. As you'll notice the main difference is the omission of the last paragraph in the first letter i received. The last paragraph explains that 1 have the right to appeal the decision at the Board of Building and Regulations standards, yet it was missing from the original letter i received. in its place was a paragraph warning me that i had until June 20, 2008 or they would get a warrant and'break into my building. upon calling the Massachusetts Board of Building Regulations and standards at 978.745.9595, I described the letter and they were shocked that a building inspector would omit the last paragraph advising me that 1 had a right to appeal. They had never heard of it happening before and it was described as a"scare tactic." of course, once 1 visited the Salem Building Department office on June !V, 2008, Thomas St.Pierre"remembered" and amended my letter to include the last paragraph. The most disturbing part about this is that we had a Building Permit that expired on June 17"1 for the last work we had done which was change the windows and door. As you can see in the copy of this permit that 1 have enciosed, Thomas St.Pierre has signed to even allow us to open temporarily our Retail side of the store for 30 days until I showed'nim the final counter layouts. The Stop work Order letter we received claiming that we had no building permit came on June 9'", eight days before our permit expired. Even stranger, there has been absolutely no construction work done in the building since Thomas St. Pierre was in there last, nor will there be. As 1 told St. Pierre, once 1 received the designs from the company that is manufacturing my counters, 1 would bring up the pians to Joanne Scott from the health Department and later to him for a final approval. This 1 did, and adjusted the designs to what Joanne advised me and was about to bring them to Thomas St.Pierre when I received the letter from McGrath. I'm not sure what has changed in between, and the pians 1 have submitted to the Health Department certainly do not`indicate an amount of work that requires a building permif', they actually require no work at all. The counters are modular furniture and come ready made and are placed on the floor. They have nothing to do with the structure of the building. The only other permit 1 need, is a plumbing permit to connect the sinks which are built into the counters. This is a permit which has been denied to my plumber with no clear answer except for "you need an architect" which to this day they have not justified. Regardless, curious to see what an architect would say, 1 called several local architects who were all confused about the actual job. Gregory x Boghosian, an architect from Beverly, came to see the building and was puzzled as to why I was being asked to update the building when my total expenditures so far have been under $20,000. 1 explained that there was no reason and it was simply a personal conflict between the building department and us. He inspected the area and the certified survey we have and in addition to coming to the conclusion that we simply do not have the right to update the accessibility because doing so would mean encroaching on the surrounding property lines, he remarked that even if it was possible 1 was looking at an estimated $35,000- $40,000 project which I simply cannot afford. His exact words were "I would certainly r take the project if you want me to but you seem like a nice guy, and 1 don't want to take your money unnecessarily, you don't have to do this." On.lune 2v-', 1 had another architect from Quincy,Llewellyn E. Bley come in to look at the building and was given a similar assessment. He advised me that technically I should not be required to update the building but the reality was that the local jurisdiction had the final word unless 1 appealed which would be a"lengthy process." To me, when this assessment is coming from the architects themseives, who would obviously benefit from me doing the project, ifs a iittie hard to justify McGrath's request that 1 fully update the building to accessibility. For a year now, with my existing business 1 have been supporting my parents' house, personal bills, the existing business expenses as well as the work, equipment, mortgage and taxes for my new building. Very slowly but surely 1 am heading towards bankruptcy and no one except for my family and 1 seems very concerned. Doing the only thing len for me to do, as I had been advised from the Board of Building Regulations and standards, 1 informed-Thomas E. McGrath who had sent me the letter that their letter was not specific enough. It needed to specify the actual codes 1 would be vioiating by code number, how they applied to my building with accompanying documentation and a paragraph stating that these were their only concerns. Thomas McGrath did not seem very pleased and told me to come back"next week" because he needed some time to prepare the letter. The letter he prepared is the second letter included and 1 have also attached the code referred, which does not apply in any way or make any sense to our conversation. These are codes I looked up myself as McGrath, when I visited him on Monday the 16th refused to make a copy of them for me. upon insisting that the letter was not what the Board of Building Regulations and Standards was looking for and that he was hindering my appeal by not giving me more specific into I was toid -T YOU!" three times in succession by Mr. McGrath , "This is not Albania.'- and that he had spent enough time with me and "I'm done with you'. Personally I was shocked, offended and disgusted that this was coming to me from a city official, someone who's salary I pay with my taxes and someone who is supposed to help and guide me through the process of opening up a new business. I left, calling him a"parasite" and came back a few minutes later in the hopes of reporting this to Thomas 1. St. Pierre the Inspectional Services Director. 1 told 'nim what had happened and 5t. Pierre asked McGrath, "Did you really tell him to F* off?!- "Yes I did."Replied McGrath. Silence from St. Pierre. No apology to me, no reprimand of McGrath. That day, Monday the 16"' of June, 2008 I also visited the Mayors office hoping to make an appointment and voice my concerns. I was informed by Jennifer Wessell, the Executive Secretary, that appointments were booked for two weeks out but that Jason Silva might be available and I would "receive a call in a couple hours."i called several times to check back but never got a call back. The next day, Tuesday the i7''', 20081 went to City riaii as soon as it had opened at 8AM and waited for about 15 minutes. Jennifer Wessell came up and I requested to be booked for the next available appointment with the mayor even if it was two weeks from now. I also asked to see Jason if he would be available earlier. Jason was not in vet and the `appointment calendar' was down in her system so I was again told that 1 would receive a call "in an hour or so when the system comes back up." I thanked her and left. Not more than two hours later, I had two very nice police officers visit me at my cottee shop, telling me that the"people at the mayor's office get really nervous' and asked me to call ahead before going up there. I was truly confounded. I'm a business owner and resident of Salem. i pay my taxes here, in addition to about $0,000 in real estate taxes last year for my still empty building and I visit the mayor's office to make an appointment and not only do I not receive any calls back, but I get a visit from two policemen! Fin sorry, I did not realize I had to check with Jennifer Wessell before going up to the Mayors office, that is certainly one mistake I will not make again. Finally, after having called several times, a full week later, on June 23�, 1 was able to reach Jennifer Wessell again who informed me that i would not be able to see Jason or the Mayor because it was a public works issue and I should deal with the building inspector. You can imagine now heipful this is to someone who has been toid"F* Youl" by the assistant building inspector. upon my insistence to talk to someone other than the building department, I was finally referred to Lisa B. Cammarata from the HRR Department. I went to see Lisa on the 24'-'`, who promised to look into it and maybe set up a meeting with Thomas St. Pierre and I. Who knows, maybe I'm the problem, Tve only been doing business for three years and !just got out of college. Maybe I'm just too idealistic and not used to how the I "real world" works. Maybe the problem is that Pm not afraid of questioning someone just because of their position or that I refuse to talk to them in a servile manner just because they're the building inspector, or the fire chief or any other position. Maybe!just expect my city officials to show some respect to me and help me in my project, and help Salem become a better city and improve our economy and be a little bit competent in their jobs. From my experience this far i can assure you that this will most likely be my last business in Salem, i would much rather open a business in Communist China or my home country of Albania, where at least the officials I deal with are incompetent and unprofessional but it is a widely known and accepted fact for which I can prepare myself. I hope you took the time to read this Mayor Driscoll and i hope you make the time to see me because i certainly cant find any excuse for a city official talking to some one and disrespecting someone the way that Thomas E. McGrath did to me. I will also be direct mailing this letter and attachments to about 3000 random Salem residents with my own money. They have a right to know what is happening in their city, who we have workingfor us and how our tax money is being used. ., g /,/,,ncer Anil MeziCnii CC: Health, Fire Prevention, Mayors Office, Lisa B. Cammarata-HF' Counciior McCarthy, Councilor at Large Steven A. Pinto, Salem Gazette-Kristin D'Agostino, Salem Evening News-Chris Cassidy, Saiem Evening News-Tom Dalton, Salem State Log, Boston Herald, Boston Giobe, Rhonda Schwartz and Avni Patel-ABC News Undercover, Representative.john Keenan, Governor Devai Patrick. L Commissioner St. Pierre's Summation Regarding the Matters of 60 Wharf Street I have been involved directly and indirectly with this property and its owners Anil Mezini and his father since September of 2007. At that time the Mezini's were attempting to construct a second floor glass addition. Even at the e the need for a meetings the Mezini's did not want to hear or acknowledge earliest g S structural analysis of the building, and the MAAB Building issues. At each meeting at the counter the Mezini's were copied pages of the applicable codes and regulations by either Joe Barbeau, Tom McGrath, or myself. We spent a disproportionate amount of time trying to assist them, while all along telling them they would need the services of a Professional Architect. After the incident with Joe Barbeau, and in an attempt to diffuse tensions, I allowed the Mezini's to go forward with the Building Permit to replace the door and seven windows. It should be noted that the building owner really should not have been allowed to work without a licensed Construction Supervisor, and that the work requested was mostly previously done. I did an inspection of the building and observed that two of the windows were new installations, not replacements as indicated on the permit application. These windows are on a wall with a zero lot line (no Side Setback) and are a direct violation of the Building Code (780 CMR, 6`h Edition). This again demonstrates why Architects and Construction Supervisors are required on Commercial Jobs. More importantly Mr. Mezini was claiming that the space was only going to be used for a retail store. Several times prior to this meeting and several times at this inspection, I cautioned Mr. Mezini that having a sit down coffee shop was not the same thing as a retail store. Mr. Mezini affirmed several times that it was only a retail store. I then allowed Mr. Mezini a Temporary Occupancy Permit for the purposes of setting up the store, but not to be open to the public or to conduct sales. Said TCO would be allowed for a period of up to 30 days and could not be renewed; contrary to what Mr. Mezini has written in his letter. I was not convinced that Mr. Mezini was disclosing the intended use and this was confirmed when the Health Department notified me of a plan in their office showing stools and tables for the coffee shop. I then directed Tom McGrath to issue a Stop Work Order and to send a letter to formalize this. This letter is the June 9`h letter. Mr. Mezini came into the office the next morning to again argue code issues. During this encounter I read Mr. McGrath's letter and noted that Mr. Mezini's Right of Appeal had been omitted. I asked Mr. McGrath to correct this letter and to give Mr. Mezini the amended letter which is dated June Ioth. Mr. Mezini then came back on June 12`h demanding a further letter with additional information regarding the cited code issues. Mr. McGrath informed him he would need to come back on Monday the 16'h to allow him time for an additional letter. On June 16`h Mr. Mezini came to the counter and received a copy of the new letter. Since that time there has been no other communications with the Mezini's. Which brings us to today's meeting. 60 Wharf Street Timeline 9/11/2007 Patrick Stevens, Construction Supervisors License # 81580, applied for a Permit to add a sunroom enclosure to the rear area of the second floor of this stricture. The nature of this building being constructed to the lot line would require that either the sunroom would have to be stepped back 5 feet from any lot line, or a sprinkler system would have to be installed on both sides of the glass to provide adequate protection from fire. We also requested that an engineering study would be required to verify the integrity of the bearing walls and floor system that would be affected by this construction. Discussions between the contractor and the principles of this property where also held regarding the change of use and amount of the construction being suggested would trigger MAAB (Massachusetts Architectural Access Board) compliance regarding handicapped accessibility. This permit was not issued, as the contractor called to pull it off the table, as he would not be doing this project. 11/08/2007 A letter was received in this office from Sean Noonan of Better Living Sunrooms requesting information about the Zoning Requirements as they pertained to this project. This letter was answered that day by Commissioner St. Pierre. 11/19/2007 Sorkadh Mustafa, Construction Supervisor License # 95401 applied and was granted a Permit toReplace windows, Renovate both Bathrooms on the first floor, Add new tile to the basement and in stove area, New Ceilings, with all work to be done on the basement and first floor only. 11/26/2007 During the week of November 26, 2007 I (Joe Barbeau) received a call from Mr. Mustafa informing me that he would not be involved with this project that he had not begun any work himself, that he was certain that work was being performed, and that he would like to be removed from this project. At this point the Permit that had been granted was revoked. 11/28/2007 I (Joe Barbeau) went to 60 Wharf Street to see what was going on in this property. Though the doors were locked, a view through the window evidenced that work was indeed ongoing, there was a track of construction dust on the exterior stairs, and there were piles of building materials stacked within this structure. I walked over to the Coffee Shop and told the on-duty manager to please have one of the Mezini's to give me a call regarding the status of this Permit, left him my business card, and left the premises. No call was ever received by this office. 1 12/04/2007 Having not heard back from the Mezini's regarding their project, and upon receiving a complaint of on-going work at the 60 Wharf Street location, l drove by to see what was happening. As I arrived I (Joe Barbeau) observed a workman entering the property. I parked my vehicle and proceede to enter the structure through the front door. As I entered this Public Building (as is my right under the Provisions of 780 CMR Chapter 1 Section 15.6 as provided for under MGL 143/94) I announced my position and presence on the site, and inform the subcontractors that I was shutting this project down for lack of proper permitting. I went to the window to remove the revoked permit, as this was still in the window so as to detract from further scrutiny. As I was turning towards the windows I heard the elder Mr. Mezini charging up the basement stairs. He immediately started screaming at me to leave his building. I explained to him that under the law I had the right to enter this premise, that he was working in violation of the Building Code and that his project was shut down. At no time during this encounter did Mr. Mezini and I come within three feet of each other. As a matter of fact I repositioned myself twice so as to maintain such a distance, for my own safety. Mr. Mezini loudly proclaimed that he was calling the Police, at that point I left the property to get my phone from my vehicle so that I could also call SPD for some back up. My phone was not functioning, so I used my Municipal Radio to contact Fire Dispatch, where I requested that Jack Doberachelski (Dispatcher) contact SPD and have a squad car sent to assist me. During the intervening time one of the younger Mezini brothers came over went into the building, when I went back to the door to talk to him I found the door locked, and the only response was that the Police were on their way. Just a couple of minutes later Officer DJ Gannon arrived from SPD. I met briefly with Officer Gagnon, handing him the page right out of my Code book that covers the `Right of Entry'. I explained the nature of the offense, the situation, my right.of entry under the law, and the Revoked status of their Building Permit. The Officer then explained to one of the younger Mezini's that he would not be arresting me for trespassing as I had lawful right of entry, and that he would not arrest me on the charge of theft for taking the Revoked Permit as that was also my right. At that point both Officer Gagnon and myself left the scene. I have had only minimal involvement with this Property since that time. I have had brief conversations with members of the Mezini family at the Building Office Counter or on the phone; and these were only to pass on information from the Commissioner. I have not set foot on any property owned or operated by this family, nor will I in the future. I have as you will read further gone to District Court to defend myself from their spurious charges against me. And I think it is important to note here that these personal and malicious attacks on my character continue to this day. I feel that this is nothing more than a deliberate action to mask the fact that this family has continued to flaunt the law, the code and the zoning ordinance, and by making me a scapegoat they will deflect any interest in the fact that they continue to break the law. 12/05/2007 Charges of Criminal Trespass were filed against Joe Barbeau at District Court, by Anil Mezini. It should be noted that Anil Mezini was not present at the above mentioned incident, was not witness to any of the events he describes, nor did he produce a witness that would back up his claims. 01/17/2008 A Permit was granted to Kaplan Kapo, Construction Supervisor's License #97174 to Install seven replacement windows and a door. No mention of any new location was made, it was inferred that these were all replacement windows. This Permit was granted, however, upon inspection by Commissioner St. Pierre, it was found that 5 windows were in fact replaced, but two of the Permitted windows were not replacements, but were new installations. No consideration to the integrity of the brickwork or the location regarding fire separation was given, as required under Section 703.1 of the Code. This clearly exemplifies the need for proper documentation and permitting, including peer review by an Architect or Engineer. 01/30/2007 A Magistrates Hearing was held on this day in regards to the above action. It was attended by the brothers Mezini, myself, and Atty. John Bosse from our Legal Department. The Clerk Magistrate hearing this case was Brian Sullivan. At that point Mr. Sullivan found no probable cause for this to go forward, the case was dismissed. 02/06/2008 A letter was received from the Clerk Magistrate's Office at District Court stating the lack of probable cause and the dismissal of this matter. 02/12/2008 A letter was received in this office regarding the request by one Atty. Sobelman to one Judge Robert Cometta at Salem District Court requesting a Judicial Review of the Clerk Magistrate Sullivan's decision to dismiss this matter. 04/23/2008 (on or about) This matter was taken up before Judge Mori at District Court. I attended this hearing without legal representation as no one from our Legal Department could be available. After hearing the arguments of Arty. Sobelman and myself, Judge Mori upheld the decision of Magistrate Sullivan. At this point I felt that this matter would finally go away. However, even in the current letter to Mayor Driscoll the continued allegation by Anil Mezini that I had a physical altercation with his father continues. I have taken this matter up with my own attorney, as I have grown tired of this continued assault on my integrity(see below). 3 I 06/09/2008 A Violation letter was sent to the Mezini's as a Stop Work Order due to the discrepancies between what we had been told was being done (conversion to a retail store), again no plans on file in this office, and a plan filed with the Health Department clearly showing a Restaurant style set up. 06/10/2008 Anil Mezzini comes to the office requesting a discussion of this letter with Commissioner St. Pierre. The lack of right of appeal information was noticed by the Commissioner, and this letter was amended immediately and handed directly to Anil Mezini. 06/12/2008 Anil Mezini arrives at the counter to demand a further amended letter, he demands that such letter state that no other work would be required if he meets the requirements of the 6/10/2008 Violation letter. Further he again wants even more specific code information. Much of this information requested was previously given to Mr. Mezini. He is told at that time to return on Monday the 16`h to receive that amended letter. 06/16/2008 On this morning Mr. Mezini arrives at the office to pick up said further amended Letter. Tom McGrath gives Anil this letter. Thomas McGrath steps up to try and answer any further questions. Mr. Mezini continues to rudely insult all members of this department, making comments that include "you are parasites", and "you are all incompetent". At this point, Mr. McGrath did succumb to the anger that builds when you are under constant attack from a rude and inconsiderate person that questions every point and has shown an unwillingness to comply with any request or point of code. May and June Summation While trying to stay above this continued fray I have had to speak with the Mezini's from time to time at the Counter. This I avoid if at all possible due to my rather unpleasant previous dealings with them. However, attending to customers at the counter is part of my job. In late Mayor early June the Elder Mr. Mezini came to our counter abut this project, I passed Mr. St. Pierre's instructions on to this man, who then began a diatribe about the continued pain he was suffering as a result of this fictional assault, he continued ad nauseum until I walked away. During late May and June Anil Mezini started stopping by this office to communicate with both Tom McGrath and Tom St. Pierre, again I tried to stay uninvolved with this matter. It is important to note that on several occasions during this time Mr. Anil Mezini would arrive at our counter bearing a tape recorder so that he could tape our conversations. He was told this was not an acceptable practice, and that no one would talk with him under that circumstance. My final dealing with this family to date was about two weeks ago at the Counter 4 i t, when Anil arrived to speak once again with Mr. St. Pierre. I went to Tom's office to tell him of Anil's arrival, and was told that conversation with these people was done that he had his letters and his compliance requirements, and that they could either comply or take it to the BBRS. Again, Anil Mezini reiterated his spurious allegations regarding the alleged altercation with his father, may I remind the reader again that Anil Mezini was not witness to the incident. I was not witness to the incident regarding Mr. Mezini's allegations against Inspector McGrath, as I was on vacation at the time, but I can say with certainty from my own experiences with this family that any reaction was most likely a provoked reaction. The members of this family have been rude and argumentative when in this office; there has been a tendency by this family to try to hang their hat on a point of Code that doesn't apply so as to justify their actions and avoid the points that do apply. Case in point would be the argument by their attorney regarding my right of entry, Atty. Sobelman tried unsuccessfully to argue that under Section 115.2 of the Code that I could only inspect the premises by giving a 24 hour notice, and that my right of entry was denied because I was not bearing a written letter of my intention to Stop Work. As he learned in Court such was not the case, as under 115.6 I may enter any public space during normal business hours to conduct any needed inspections, or to monitor, stop, or investigate illegal actions under the code. The Mezini's have been deliberate in their deceit; we have never had a clear picture of what they want to do in this location. We have never seen an Architects Review, a full set of plans, or the true and proper permitting that is customary with a commercial project. It is my opinion that these allegations against this department are an attempt to brow beat us into submission so that they can go forward on this property without ever meeting the Code Required documentation for such a project. The refusal to consider the MAAB aspect of this project, by claiming it does not meet the Dollar threshold; while ignoring the constant reminder from all of our inspectors that it is the Change of Use under Section 3400.3.6, which states that any change to an A3 use, even within the same use group is what is the triggering mechanism. 5 Gray Architectsjnc. Mr. Thomas P Hopkins Director MA Architectural Access Board One Ashburton Place, Room 1310 Boston, MA 02108 August 28, 2008 Code Review for 60 Wharf Street Dear Mr. Hopkins: I have been retained by Mr.Anil Mezini to prepare a review of 521 CMR to determine what requirements of these Regulations apply to the 60 Wharf Street Building. The existing building is a two story structure formally owned by the St. Nicholas Orthodox Church use as the"Russian Club". Enclosed with this letter is copy of the Reverend Mark Sherman's letter dated August 12, 2008. In this letter he describes how the facility was used. The following is my review applicable sections of 521 CMR: It this a Change in Use? Code Reference: 3.4 CHANGE IN USE When the use of a building changes from a private use to one that is open to and used by the public, an accessible entrance must be provided, even if no work is being performed. When a portion of a building changes use from a private use to one that is open to and used by the public, then an accessible route must be provided from an accessible entrance even if no work is being performed. The former use is defined in Rev. Sherman's letter. The proposed use is the same. The facility will be called Jaho Coffee Roasters and Tea Merchants. They will serve beverages, coffee and tea, and light food. Therefore in my opinion this is not a change in use. Both were open to the public and served beverages and food. Architecture Planning Landscape Architecture 9A Derby Square Salem, MA 01970 Telephone(978) 745-4404 Fax(978) 745-6479 General Email: grayarchitects@msn.com L— Gray Architectsjnc. Is a Building Permit Required? Code Reference: 3.3 EXISTING BUILDINGS All additions to, reconstruction, remodeling, and alterations or repairs of existing public buildings or facilities, which require a building permit or which are so defined by a state or local inspector, shall be governed by all applicable subsections in 521 CMR 3.00:JURISDICTION. The renovation work proposed will require a building permit. The cost of this work is less than $100,000. The work includes installation of a new counter and serving area, cabinetry for tea, and other miscellaneous shelving. All of this work will conform to the requirements of 521 CMR. Thank you for your attention to this matter. If you are in disagreement with any of the above, please contact me. If I can provide any additional information please contact me. . Sincerely, IWC Dennis J. Gray A.I.A., A.S.L.A. Architecture Planning Landscape Architecture 9A Derby Square Salem, MA 01970 Telephone(978) 745-4404 Fax(978) 745-6479 General Email: grayarchitects@msn.com ST. NICHOLAS ORTHODOX CHURCH 64 Forrester Street Salem, Massachusetts 01970 978-744-5869 PKW President Rev.Mark Sherman Robert Popadic August 12,2008 I am Rev.Mark Sherman,a priest of the Orthodox Church in American, and rector of St Nicholas Orthodox Church, (or,St Nicholas Russian Orthodox Greek Catholic Church,Inc),64 Forrester Street, Salem,Massachusetts. St Nicholas Orthodox Church is the former owner of a property at 60 Wharf Street, Salem,MA. This property was operated as the St.Nicholas Benefit Society,Inc(hereinafter,"the Russian Club'). I have been asked about the"current use"designation of the property prior to the sale to the present owner. The Russian Club was originally established as a society to assist immigrants from Russian, Belarus and the Ukraine to settle in the United States. However,in its later years it had become a social club with a liquor license,entertaining both members and guests,and members of the public in general. In addition to providing the public with musical entertainment,beverages and light food was also sold Additionally,there was a full bar set up in the front room including ice machine,counter and refrigerators, as well as,bar and stools with a seating capacity for fourteen. I hope this information is helpful. Please contact me if you have further questions. Sincerely, Rev.Mark Sherman L ST. NICHOLAS ORTHODOX CHURCH 64 Forrester Street Salem, Massachusetts 01970 978-744-5869 Priest President Rev. Mark Sherman Robert Popadic (L-�13; OV-N July 14,2008 To Whom It May Concern: I am Rev. Mark Sherman, a priest of the Orthodox Church in American, and rector of St Nicholas Orthodox Church, (or, St Nicholas Russian Orthodox Greek Catholic Church, Inc), 64 Forrester Street,Salem,Massachusetts. St Nicholas Orthodox Church is the former owner of a property at 60 Wharf Street, Salem,MA. This property was operated as the St Nicholas Benefit Society,Inc("the Russian Club"). I have been asked about the condition of front two windows on the right side of the Russian Club,as one is facing the building("the windows'). The windows face onto a walkway between the Russian Club and an adjacent building. Although I have been rector of St Nicholas Orthodox Church only since January 2007, I was involved in the sale of the Russian Club and conducted inspections of the building,both personally and with various other interested parties. The front room of the Russian Club,in which the windows are located,was used as a social area The windows were partially covered interiorly with a thin wooden paneling to create the desired decor for the interior of the social area It was dark wood paneling. Additionally, there was a removable air conditioner in one of the windows,which allowed access through the window. While the windows were partially covered to create the desired interior decor, they were never permanently sealed, nor was there ever any intention to seal or permanently abandon the windows,as the window panes themselves were never removed I hope this information is helpful. Please contact me if you have further questions. Sincerely, Rev.Mark Sherman N EXISTING o BUILDING EXISTING n p BUILDING ^� o 0 0.9' 4.9'- 1.7 .9'1.7PROPOSED PROPOSED 5.7' SUNROOM SUNROOM BP TAX MAP 34-446 DETAIL n/f DETAIL 1"=5' PICKERING WHARF 1"=5' REALTY TRUST SEE SEE DETAIL N 02'37'16" E 37.54' DETAIL 77 JO PROPOSED a o SUNROOM ON HVAC EQUIPMENT RACK EXISTING ROOF ^ y SERVING ABUTTING BUILDING h 3 O 0 a GAS METER i, TAX MAP 34-481 co Z 7' L 2,219-6 S.F. 2.0l TAX MAP 34-427 N n/f TAX MAP 34-408 00 JEANNENE PELLETIER n/f23� o NANCY PELLETIER PICKERING WHARF 57• ? -REALTY TRUST 0 nl CONC RAMP i� EXISTING 1pN' BUILDING U #60 m w 4.9' q 63.30' 38.52' S 02'27'40" W DHF S 02'27'40" W ' PLAN REFERENCES: WHARF STREET 1 . L.C.C. 41127A 2. L.C.C. 126358 3. L.C.C. 2101A 4. LCCR. PLAN BK. 48, PLAN 23D 5. E.C.S.D.R.D. PLAN BK. 42, PLAN 19B 6. E.C.S.D.R.D. PLAN 130 OF 1928 7. E.C.S.D.R.D. PLAN 49 OF 1933 8. E.C.S.D.R.D. PLAN BK. 338, PLAN 30 9. E.C.S.D.R.D. PLAN BK. 342, PLAN 35 TAX MAP 34-481 THIS PLAN IS TO BE USED FOR DETERMINATION OF ZONING SETBACK COMPLIANCE OF CERTIFIED BUILDING PLOT PLAN THE EXISTING AND PROPOSED STRUCTURES SHOWN HEREON ONLY. IT IS NOT TO BE USED FOR THE LAYING OUT OF PROPERTY LINES OR ANY OTHER PURPOSE OR IMPROVEMENT. DATE 10/10/07 SCALE 1"=10' DEED REF: PLAN REF: ADDRESS- 60 WHARF STREET 26851-314 SEE NOTES SH OFSALEM, MA 1k4s o AVID sgcyc PREPARED FOR: BETTERLIVING SUNROOMS CERTIFICATION: o N 78 TURNPIKE RD. !. WESTBOROUGH, MA 01581 v 4 RECORD OWNER ANIL MEZINI KOPROFESSIONAL KNOWLEDGE, O DGE, INFORMA N,FANSDOBELIEF �qNO UR\V 2 I HEREBY CERTIFY THAT THE EXISTING PATRIOT LAND BUILDINGS AND/OR STRUCTURES ARE SURVEYING, LLC LOCATED AS SHOWN. PIAN NOT VALID IF AL 7ERED OR COPIED P.O. BOX 949 TEL (603) 635-3521 (ORIGINAL SURVEYORS SEAL IS BLUE INK) PELHAM, NH 03076 FAX (603) 635-8111 @2007 PATRIOT LAND SURVEYING, LLC JOB REF.1 07-790 RD. REF/P13/114 0 SUNROOMS Adding Value to your Home & Life November 6, 2007 City of Salem Public Properties Department Building Office Salem, MA 01970 RE: 60 Wharf Street Please provide in writing the list of zoning requirements that are needed for this project to move forward. Sincere Sean P. Noonan Director of Operations 78 Turnpike Road Westborough,MA 01581 Phone 508.870.1900 Fax 508.870.1838 s a COMMONWEALTH OF MASSACHUSETTS e CITY OF SALEM APPLICATION FOR CERTIFICATE OF INSPECTION Date- _//- �2 S - v ( v<Fee Required $ "7th ( ) No Fee Required In accordance with the provisions of the Massachusetts State Building Code. Sec 108. 15, 1 hereby apply for a Certificate of Inspection for the below-named premises located at the followin 'g 'address: \ Street 6 Number bo kPVfZF X37' Name of Premises C>L P<-c, -C,LP<T-j Etjkl r---L T Purpose for which Premises is used S o G) 1) ��e r i U )-r /✓6 n1 f✓ If I-C! jb fLp L License(s) or Permit(s) required for the premises by other Governmental Agencies: License or Permit Agencv Certificate to be issued to: 15'T N !C h10/.l9 S Ra 5 S 1,1A) /3 k-/1 A' 21f'/7- Address: (o o W/"I/9 R F 5 rr Owner of Record of Building: ST iv/CHd 1-rj 6 /t4l55/Aj/L) C7 ll rlya DI o Address: N P-e ,QR I:ST Prl? 57- Name of Present Holder of Certificate: 51 lVje vLpS ��+55 �AN r�E/1l �jlT Name of Agent, if any... IV A) F ' Signature of Persag to whom Certificate ,f TITLE is issued or his/her authorized agent Date INSTRUCTIONS: Day time phone o ZZ Z 5'- S/71 1. Make check payable to: The City of Salem 2. Return this application with your check to: Inspector of Buildings. City of Sala Building Department, One Salem Green. Salem. MA. 01970. PLEASE NOTE: L. Application form with required fee must be submitted for each building or strut of part thereof to be certified. 2. Application 6 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 t • above information. THIS AREA FOR OFFICE USE ONLY CERTIFICATE I EXPIRATION DATE: G K I2 l� f L, -t-b M L i 2 ^- O Z r� `°' CITY OF SALEM (la , ,zJ PUBLIC PROPERTY �� DEPARTMENT KI MBERLEY DRISCOLL MAYOR 120 WASHINGTON STRFFT ♦ SAIJi.M,MASSACHOSF"ITS 01970 978-745-9595 ♦ PAX.978-740-9846 October 6, 2008 Mr. Dennis Gray AIA, ASLA Gray Architects Inc. 9A Derby Square Salem, Ma. 01970 RE: 60 Wharf Street, Salem Ma Dear Mr. Gray, I have approved the Building Permit application you recently submitted for the renovations at 60 Wharf Street based on the information submitted including the statement that this is not a conversion of a private to public use. As you have signed on as contractor for this project, we expect that you will supervise the construction, call for inspections and keep us informed of any changes. Also please be aware that the permit is only valid for work at the first floor level of this Building. Sincerely, Thomas McGrath Assistant Mding Inspector CityS le cc: T mas Hopkins MAAB, Mayor's Office, Legal Dept, file . oN,ryD,IT CITY OF SALEM, MASSACHUSETTS �! PUBLIC PROPERTY DEPARTMENT R" T20 WASHINGTON STREET, 3RD FLOOR f SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 EXT. 380 ~+off FAX: 978-740-9846 KIMBERLEY DRISCOLL MAYOR November 8, 2007 Better Living Sunrooms 78 Turnpike Road Westborough, Ma. 01581 ATTN: Sean Noonan Re: 60 Wharf Street Dear Mr. Noonan I am in receipt of your November 6, 2007 letter in which you ask for the list of zoning requirements that are needed to proceed with the project. The second floor addition complies with the City of Salem Zoning. The problem, holding up the issuance of the building permit, is the lack of architectural plans. Mass State Building Code, 780 CMR, Section110.8 - 110.10 requires the submittal of plans prepared by an Architect registered in Massachusetts. Sections 110 through 110.14 outlines the required documents needed to apply for a building permit. The Architects job is to evaluate the existing building conditions and to design any new work to comply with the sixth edition of the State Building Code and 521 CMR which is the Architectural Access Board. This means the Architect must provide a review of the existing building per Chapter 34 of the building code. The Architect must then address such issues as fire safety, fire suppression, fire alarms, egresses, fire separations distances (from other buildings), type of construction, handicap access, light and ventilation as well as compliance with the energy codes. I'm sure I missed several other items. The intent was to try to show why the Architect is an important piece of the permitting process. At this time, I am rejecting the building permit application for 60 Wharf Street. If you have any questions, please contact me directly. Si Thomas St. Pierre Building Commissioner Director of Inspectional Services cc: Mayors Office nX �� � d Deval L.Patricky""'^"'�'^' O,061Op AO�jIF Thomas G.Gatzunis,P.E. Governor. 67/'Y'O/ Commissioner Timothy P.Murray L Thomas P.Hopkins Lieutenant Governor �61j �OD15 Executive Director Kevin M.Burke �V 'alV^/ aee5 v+w'�mass.govldps Secretary Dennis J. Gray A.LA, A.S.L.A. September 11, 2008 9A Derby Square Salem, MA 01970 Re: 60 Wharf Street Dear Mr. Gray, I am writing to you today on behalf of the Architectural Access Board ("the Board") regarding the above referenced property. After reviewing material submitted to our office by Anil Mezini, regarding Jaho Coffee & Tea proposed to be located at 60 Wharf Street, and your Code analysis, the Board will assist with the jurisdictional questions for 521 CMR on this property when the permits have been applied for and a"permit set" of plans has been submitted to the City of Salem, as requested in a letter from Thomas McGrath, Assistant Building Inspector, for the City of Salem, dated September 4, 2008. If you have any questions, please contact our office. Sincerely, Thomas P. Hopkins Executive Director Cc: Local Independent Living Center Local Disability Commission Anil Mezini, Jaho Coffee &Tea June 9, 2008 RE: 60 Wharf Street Mr.Mezini's attempt to convert 60 Wharf Street, Salem, into an industrial coffee roasting facility, which will also serve food and beverage, with seating on premises, be estopped from opening up said facility, due to the following illegalities: 1. Mr. Mezini has done substantial interior work and also submitted plans to the Board of Health, documenting at least $100, 000.00 worth of work without complying with 521 CMR 3.3.5b, in that the plan shows seating and fails to provide for an accessible public entrance and an accessible toilet room, telephone and drinking fountain. 2. 521 CMR 3.4 requires that when the use of a building changes from a private use to one that is open to and used by the public, an accessible entrance must be provided, even if no work is being performed. Mr. Mezini is currently violating this regulation. 3. The window openings cut into the back of 60 Wharf Street are illegal in that the openings are on the Salem Waterfront Hotel's interior lot line. This is not only illegal, but it also constitutes a life safety hazard. 4. Additionally, the intended manufacturing, packaging, assembly and processing of food products, as demonstrated by the submittal to the Board of Health, of industrial-sized coffee roasters violates the B-5 Zoning permitted uses. This type of use is only permitted in the BPD District. l L.S CITY OF SALEM PUBLIC PROPERTY DEPARTMENT MINIM Rjj:YURIS((A], 1211 AV'.4SI IINGfUN S'Iltl 11 Cl0 $:AI-P.NI,M:AFSVll ICSI i'f fS 01970 11 1.978-745-9595 1 Irns:978-740-98-10 STOP WORK ORDER PROPERTY ADDRESS 60 Wharf Street Salem Building Permit 580-09 - March 30, 2009 Mr. Anil Mezini 6 Harrington Court Salem, MA 01970 Dear Mr. Mezini: The Building Permit issued for renovation of the second floor of the above building was issued for "office use only-no residential use". Because this space lacks a second means of egress, residential use is not allowed. This was pointed out to you and your architect when the permit was issued but you have nevertheless altered your plans and are installing a residential kitchen and full bathroom in clear violation of the conditions of your permit. By authority of 780 CMR Section 119,you are hereby ordered to cease construction activity at this site until all work not corresponding to the plans submitted with the permit application is removed and all work corresponds to the permit plans or until relief has been granted by the BBRS. You have a right to appeal this decision to the Massachusetts Board of Building Regulations and Standards at Room 1301 One Ashburton Place, Boston, Ma 02108 617-727-3200. I z y, Thomas E. McGrath, AIA Assistant Building Inspector/ Local Inspector CC: file, Plumbing Dept, Wiring Dept., Health, Fire Prevention, Mayor's Office, City Solicitor, Dennis Gray AIA CCiq i� tom' City Hall,93 Washington Street,Salem,MA 01970 City Hall Annex, 120 Washington Street,Salem,MA 01970 City of Salem, MA To: #II 1TfP1W �r7��il� From: �( IY`VCri /8LV16 Fax: 1-78L� Pages: (Including this page) Date: r?j Pharms (978)745-9595 ext. Re: lO d W /Nf� J Cc: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle AT yavx OEE;r +T7&4-tom IS G�w7 °6 12- 140 ZZ11AIJ CITY OF SALEM arzs PUBLIC PROPERTY DEPARTMENT KIM6P.RL8Y DRISCOLL MAYOR 120 WASHINGTON Sl12LLl1 SALLM,D4ASSACHUSG"I"r5 01970 Ti,,L:978-745-9595 ♦ FAX:978-740-9846 STOP WORK ORDER PROPERTY ADDRESS 60 Wharf Street Salem Building Permit 580-09 March 30, 2009 Mr. Anil Mezini 6 Harrington Court Salem, MA 01970 Dear Mr. Mezini: The Building Permit issued for renovation of the second floor of the above building was issued for "office use only-no residential use". Because this space lacks a second means of egress, residential use is not allowed. This was pointed out to you and your architect when the permit was issued but you have nevertheless altered your plans and are installing a residential kitchen and full bathroom in clear violation of the conditions of your permit. By authority of 780 CMR Section 119, you are hereby ordered to cease construction activity at this site until all work not corresponding to the plans submitted with the permit application is removed and all work corresponds to the permit plans or until relief has been granted by the BBRS. You have a right to appeal this decision to the Massachusetts Board of Building Regulations and Standards at Room 1301 One Ashburton Place, Boston, Ma 02108 617-727-3200. 4Sice4r y,as . McGrath, AIA Assistant Building Inspector/Local Inspector CC: file, Plumbing Dept, Wiring Dept., Health, Fire Prevention, Mayor's Office, City Solicitor, Dennis Gray AIA