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5 BRIDGE STREET - BUILDING JACKET . , � ' l 'low 5 }BRIDGE STREET ,I .. ..� r € IJILDi4ic DEPT �ttp of ��TlPtti, ��T�aFtC�tiSP��S Planning �gOarb An 22 9 05 -N P78 ° °� (ane �ttletn (�rern CITY IF SA 1VEp ul L Er1,N44 SS. August 21, 1978 Mr. Jack Powers Building Inspector One Salem Green Salem, MA 01970 RE: Nondas Lagonakis Dear Mr. Powers: The Planning Board requests that you extend the time limit for correcting the zoning violation at 5 Bridge St. (Bill & Bob's Restaurant - Mr. Nondas Lagonakis) from September 1, 1978 to September 13, 1978. The Board is making this request as a result of a meeting between the Conservation Commission and Mr. Lagonakis on August 14, 1978 at which time it was agreed that Mr. Lagonakis would have 30 days from August 14 to reach a decision regarding his course of action. Sincerely, Walter Power III Chairman MM/sm C.C. William J. Tinti August 22, 1978 Air. Nondas Lagonakis Crete Realty Trust 5 Bridge Street Salem, Massachusetts 01970 RE: 5 Bridge Street Salem, Massachusetts 01970 Dear Mr. Lagonakis: At the request of the Planning Board I am granting an extension of time to September 13, 1978 to correct the zoning violation outlined in my letter of June 30, 1978. Failure to meet the conditions agreed upon by you and the Board (at their August 14, 1978 meeting) by the September 13, 1978 date will constitute continued violation of the Zoning Ordinance with its attendant penalties. Very truly yours, JOHN B. rowERS Zoning Enforcement Officer cc: Planning Board JBP/mlr July 17, 1978 Mr. Nondas Logonaltis Crete P.ealty Trust 5 Bridge Street Salem, Massachusetts 01970 RE: 5 Bridge Street Salem, Massachusetts 01970 Dear Mr. Lagonakis: At the requ8st of the Planning Board I am granting an extension of time to September 1, 1978 to correct the zoning violation outlined in my letter of June 30, 1978. Failure to meet.'the conditions agreed upon by you and the Board (at their July 6, 1978 meeting) by the September 1, date iAll constitute continued Violation of the Zoning Ordinance with its attendant penalties. Very truly yours, JOHN B. P014ERS Boning Enforcement Officer cc: Planning Board JBP/mfr . HY tOND T b^ � JUL I� 2 uz Pfd �8 �" done �aletn Gurn RECEIVE0 CITY OF SALEM,MASS. July 8, 1978 Mr. Nondas Lagonakis Crete Realty Trust 5 Bridge St. Salem, MA 01970 Dear Mr. Lagonakis: This letter is to review the action that was taken by the Planning Board at their regular meeting of July 6, 1978. The Board voted at that time to request the Zoning Enforcement Officer to grant an extension to Sept- ember 1, 1978 for you to correct your zoning violation. This extension is being requested with the following two conditions: • 1. The violation is corrected by removing the additional fill to the line of the original embankment as it existed prior to the February 6th storm. The exact location of this line will be determined by a cooperative effort between the Army Corps of Engineers and the Salem Conservation Commission. 2. That you meet with the Conservation Commission relevant to their requirements under the Wetlands Protection Act. This will include filing a Notice of Intent with the Conservation Commission. We would like to thank you for your cooperation in this matter. I Sincerely, Walter Power III Chairman SM/sm • cyr s Ctg of Sclera, Aiassac4usrtts m Platutittg 160atxl July 8. / , 1978 Mr. Jack Powers Zoning Enforcement Officer One Salem Green Salem, MA 01970 Dear Jack: The Planning Board requests that you extend the time limit for correcting the zoning violation at 5 Bridge St. (Bill & Bobs Restraurant) from July 31, 1978 to September 1, 1978 . Mr. Lagonakis met with the Planning Board on July 6 , 1978 and has `agreed to correct the violation by September 1, 1978 . (A copy of this agreement is attached. ) Thank you, Walter Power III Chairman WP/sm itlFI�EIII� 2SSSMCI�LtSEtt3 ;? . � . , g �I2ttttlil[a �IIartl (out OMIrm (fuel June 23, 1978 Mr. Jack Powers Zoning Enforcement Officer One Salem Green Salem, MA 01970 Dear Mr. Powers: This is to inform you that at a regular meeting of the Planning Board held on Thursday, June 22, 1978 a vote was taken, siAnin:-.favoronone opposed, that Mr. Nondas Lagonakis may be in violation of Section VII, Wetlands and Flood Hazard Districts, subsection 4, paragraph m of the Salem Zoning Ordinance relevant to work that has been done on his property at 5 Bridge Street,Salem, Massachusetts. Subsection 4 states that "In the Wetlands and Flood Hazard Districts. . . no area shall be paved; no earth or other material shall be stored, dumped, used as fill, excavated or transferred; and no sediment shall be caused to. be discharged from or onto a wetland, unless all the following conditions are found to exist as part of the granting of a Special Permit by the Planning Board. " Paragraph m states that "The support of new structures or substantial improvements shall not be, in whole or in part, by the use of fill. " The action taken by the Planning Board at their meeting of May 25, 1978 is described in the attached letter. Pictures taken on June 20, 1978 of the work done indicate that Mr. Lagonakis went beyond the action allowed by the Planning Board at their May 25th meeting. The Planning Board is requesting that you, as the Zoning Enforcement Officer, investigate this situation and report the resulting action to the Planning Board within 14 days as outlined in Section IX, subsection B of the Salem Zoning Ordinance. Sincerely, topo Walter Power III Chairman SM/sm r p r �,� �31anuiitg marl May 30, 1978 Mr. Nondas Lagonakis c/o Crete Realty Trust 5 Bridge St. Salem, MA 01970 Dear Mr. Lagonakis: Having reviewed your request to place stone rubble on a washed out portion of the parking lot at 5 Bridge St. , the Planning Board has de- termined that the proposed work does not require filing for a Special Permit under the Wetlands and Flood Hazard Disturects Ordinance administered by the Planning Board. In making its decision the Planning Board carefully took into account the safety hazard that would continue to exist if the washed out portion of the parking lot was not repaired as soon as possible. It is to be noted, however, that the stone rubble replacement work that is to take place, will not involve filling beyond the existing protective stone adjacent to the beach. Sincerely, of Walter Power III Chairman MM/sm 1 •.{cION Cq1, Conservation Commission Salem, Massachusetts 01970 Telephone 1617) 745.5056 y. US, ; _ May 26, 1978 Mr. Nondas Lagonakis c/o Crete Realty Trust 5 Bridge Street Salem, MA 01970 Dear Mr. Lagonakis: _ This is to inform you that at the regular Conservation Commission meeting of May 24, 1978, the Commission voted five in favor, none opposed that the Wetlands Protection Act is not applicable to the work proposed on your "Request to Determine Applicability of the Wetlands Protection Act." It is to be noted, however, that contained in the motion of inapplica- bility is the condition that the work does not involve filling beyond the line of existing protective stone adjacent to the beach. You are further reminded that there is a 10 day appeal period relevant to this determination and that any work cannot commence 'until this appeal period is over. The Commission would like to thank you for your cooperation in this matter. Sincerely, Bradford C. Northrup Chairman sm/SM 'r CO`;",0 .::EAL d O '1.ASSAC:, ._Ei iS , r � cc , „-err DETER''IIRATIOiN OF APPLICABILITY OF THE WETLAND PROTECTION ACT G.L. C.131 S. 40 Nondas Lagonakis T�' C/o Crete Realty Trust DATE: May 24, 1978 5 Bridge St. - c-I.,,a non nl Q'7h v Pursuant to the authority of G.L. C.131 5.40, the Saleii Conservation has considered your request for a determination of applicability together with the plans submitted with it and has made the followihq determination: 1• [x ] The area shown on the plans is not subject to the Act. 2. [ ] The entire area shown on the olans is subject to the Act and shall require a filing of the Notice of Intent. 3. [ ] Only the area described below is subject to the Act and shall require a filing of the Notice of Intent: 4. The determination that the work is not subject to the Act shall expire within one (1) year from the date herein. 5. This determination does not relieve the person requesting the determination from complying with all other applicable federal , state or local statutes , ordinances, by-laws, and/or regulations. 6. Failure to comply with this determination and with all related statutes and other regulatory measures shall be deemed cause to revoke or modify the said determination. 7. No work may be commenced under this determination until a 1 aope .1 riods have elapsed, ISSUED BY: Salem Conservation Commissi- b Where the Department of Environmental quality Engineerinq issues a superseding determination, you are hereby notified of vour right to a formal hearing pro- vided it is made within ten (10) dales from the date o{ the suoersedino deter- mination of the Department of Environmental Quality Enoineerina. G„ -31- June 309 1978 Mr. Nondas Lagonakis Crete Realty Trust 5 Bridge Street (9 Salem, Massachusetts 01970 Dear Mr. Lagonakiss I have received a request to investigate a possible zoning violation of the Wetlands and Flood hazard Ordinance, Section VII of the Salem Zoning Ordinance, that may exist on your property at 5 Bridge Street, also known as Bill and Bob's Roast Beef. The Planning Board at a meeting on May 25, 19789 had determined that the work that you had proposed to do on the shoreline edge of your property would not require filing for a special permit. ( A copy is attached. ) I visited the site on June 29, 1978 and it is apparent that a violation does exist and that the fill work done on the shoreline of your parking lot was more ext8nsive than what was allowed by the Planning Board. You nre requested to correct this violation by removing the additional fill to the )line of the original embankment by July 31 , 1978 or by filing an application for a special permit by Jytly 319 1978• Failure to comply with the above will result in legal action by the City for violation of the Zoning Ordinance ( Section IX paragraph Be ) The action may be in the form of a maximum $100/day fine. I strongly recommend that you contact the Planning Board immediately at 744-4580. Very truly yours, JOHN Be POWERS Zoning Enforcement Officer JBP/mlr Certified Mail X6945316 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS PENALTY FOR PRIVATE USE TO AVOID PAYMENT Print your name,address,and ZIP Code h the space below. OF POSTAGE, j30D • Moisten items 1, d and 3 on the reverse. • Moisten gummed ends and attach to front of article U.SRRNL it space article . Otherwise affix to back of article. • Endorse article "Return Receipt Requested" atlja cent to number. RETURN TO Mr. John B. Powers , Insp. of Bldg =: (Name of Sender) City Hall Annex, One Salem Green (Street or P.O. Box) Salem, Massachusetts 01970 (CRY, State, and ZIP Code) y 0 SENDER: Complete item, I,],and i. Add your address in the "RETURN TO" space on 3 reverse. = I. The following service is requested (check one). o E] Show to whom and date delivered. . . .. .. .. . --Q Show to whom,date,and address of delivery. . ¢ Pq RESTRICTED DELIVERY Show to whom and date delivered ¢ RESTRICTED DELIVERY. Show to whom,date,and address of delivery. (CONSULT POSTMASTER FOR FEES) sl 2. ARTICLE ADDRESSED TO: C Mr. Nondas Lagonakis M 5 Bridge Street m Salem, Mass . 01970 O 3. ARTICLE DESCRIPTION: In REGISTERED NO. CERTIFIED NO. i INSURED NO. m 1945316 D y (Always obtain signature o/addressee or agent) sI have received the article described above. In SIGNATURE Addressee ❑ Authorized agent C 4. s) DATE OF DELIVE V POSTMARK O p 5. ADDRESS (Co Ple nlif oy requested) O 6��U y s T A 6. UNABLE TO DELIVER BECAUSE: CLERK'S O INITIALS 1 r jy GPO:19]9-0-23a-33] _A • aY 3p, 973 Mr. Nondas Lagon_akis c/o Crete Realty Trust 5 Bricge St. Salem, PLA 01970 Dear Hr- Lagona':is . Saving revieaad your raa,._est to olaca_ sone r�u'�'_e oa washed out portion of the parking lot at 5 nriC-_ St- , t':12 _ -_.__.i 3oard has terminad that the proposed work does -c- _..r a Spa-ial Peruit under the Wetlands and Flood Ha__rd`Disturects Ordinance ad.,.inistered by the Planning Board_ -In making _J; 's decision the Planning Board carefully took into account tie safety hazard -L�at would continue to exist 1f the washed out portion of tP= Parking lot s.;as not repaired as soon as possible- it 1s to be noted, ho?fever, that the stone rubble replace-'.ent work that • is to take place, will not involve filling beyond the existing protective stone adjacent to the beach. Si..cerely, ?ower _7- �an • ORDER gUIL.DINGDEI'T f 1, WE'PLAND PROTECTION -ACT OCT 23 9 1.9 G.L. C. 131 s. 40 RECEIVED CITY OF SALE14,h4ASS. FILE NUMBER, 64-35 PROJECT LOCATION: 5 Bridge St. TO: Nondas Lagonakis CERT. MAIL NO: 758607 Crete Realty Trust 5 Bridge St. , Salem, MA RE: NOTICE OF INTENT AND PLANS DATED: 9/13/78 DATE OF RECEIPT BY CONSERVATION COMMISSION: DATE OF PUBLIC HEARING: 10/3/78 Pursuant to the authority of G.L. C. 131 s.. 40, the Salem Conservation Commission has considered your notice of intent and plans submitted therewith, and has determined t3at. the area on which the pro- posed work is1to be done is significant to one or more. of the interests described in the said act. The Salem Conservation Commission hereby orders that the following conditions are necessary and all work must be performed in strict accordance with said conditions and with the . Notice of Intent and Plans, unless modified by said conAitions: CONDITIONS 1 . Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this order. 2 . This order does not grant any property rights or any exclusive privileges; it does not authorize any _injury to private property or invasion of private rights. 3. This order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws and/or regulations.. 4. The work authorized hereunder shall be completed within one (1) year from the date of this order unless otherwise stated below pursuant to Regulation 6.7. The order may be ex- tended by the issuing authority for one or more additional one-year periods upon application to the said issuing authority at least thirty days prior to theexpiration date of the order or its extension. S. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including; without limiting the generality of the foregoing, lumber, bricks, plaster, r wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. „D„ _ 26 _ CONDITIov:z COZIT_ .ZUED PAGE 2 FILE NO. 64-35 6. No work may be commenced until all appeal periods have elapsed from the order of the Conservation Commission or from a final order by the Department of Environmental Quality Engineering- 7. No work .shali be undertaken until the final Order, with respect to the proposed project, has been recorded in the Registry of Deeds for the district in which the land is located within the chain of title of the affected property. Copy to be furnished- to issuer of this Order shoring book and page Dhor to cormencement of work. 8. Upon completion of the work described herein, - the applicant shall forthwith request, in writing, that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 9.. A sign shall be displayed at the site not less than two square feet _ or more than three square feet bearing the words, "Massachusetts Department of Environmental Quality Engineering. Number 64-35 10. Where the Department of Environmental Quality Engineering is requested� to make a determination and to issue a superseding order, the Conservation Commission shall be A party to all agency pro- ceedings and hearings before the Department. 11. The work shall conform to the following described plans and -� additional conditions. All work shall -be done in accordance with the plan,.entitled, "Plan of Land showing extent of fill at 5 Bridge St. , Salem,. MA ., September 14, 1978, Essex Survey Service, Inc. , 47 Federal St. , Salem, Massa revised: Sept 21, 1978". The work shall be complete by March 31, 1979. Prior to the start of work the area shall be laid out by a registered surveyor in accordance with the above plan. All stone beyond the constructed toe of the bank shall be removed and all execess rock, stone and soil shall be removed from the site and shall not be disposed of in adjacent areas of the harbor. The riprap-•bank shall be constructed strictly in accordance with that specified for stone riprap in the Commonwealth of Massachusetts Standard Specifications for Highways and Bridges (latest edition) . -27- CMIDITIONS r-CNTL12F0 PAGE 3 FILS NO. 64-35 ff 4 The applicant, any person aggrieved by this order, any owner of land abutting the land upon which the proposed work is to be done, or any tem residents of the -city or town in which such land is located, are hereby notified of their right to appeal this order to the Depart- ment of Environmental Quality Engineering provided the request is made in writing and by certified mail 'to the Department within ten (10) days from the issuance of this order. ISSUED BY S iom r «; - -- , 6A��T2(({I�ll r October 17. 1979 Date of Issuance On this i 7_�Cx day of �� {� 19 2Z . before me personally appeared AL -,W. `-L 6�P/2- a to me known to be the person described in and who executed the foregoing instrument and acknow- ledged that he executed the same as his free act and deed. My Commission expires,Z4,Z1 1/, ' -28-