5 BRIDGE STREET - BUILDING JACKET . , � ' l 'low
5 }BRIDGE STREET
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Planning �gOarb An 22 9 05 -N P78
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CITY IF SA 1VEp
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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 .
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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
•
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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
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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
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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
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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
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CO`;",0 .::EAL d O '1.ASSAC:, ._Ei iS
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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).
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--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)
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A 6. UNABLE TO DELIVER BECAUSE: CLERK'S
O INITIALS
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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-