97 CANAL STREET - BUILDING JACKET 97 Canal St.
Cttp of *alem, fda!5!5arbu!5ett!5
> i Public Propertp 33epartment
3BuilDing department
One 9palem Oreen
(978) 745-9595 (Ext. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
November 18 , 1998
Apogee Machining Services
Jim Brown
300 Cummings Center
Suite 428G
Beverly, Mass . 01915
RE : 97 Canal Street
Dear Mr . Brown:
It is my opinion as Zoning Enforcement Officer that
your business , a small machine shop, is suitable for this
location at 97 Canal Street under the B-4 District as a
use similar to the sheet metal shop use .
Sinc y,
Peter trou
Zoning Enforcement Officer
PS : scm
Phone(508)921-5459 F"(508)921.0749
Apogee Machining Services, Pnc.
Jim Browd
300 Cummings Center,Suite 428G Beverly,MA 01915
UII/I7/98
4
�^A
�P J
• U Mr.Peter Strout
Building Inspector,Salem Mass.
p1 1 RE:Zoning @ 97 Canal Street,Salem Mass.
We have recently made an offer to buy a building located at 97 Canal Street,and our price
^ offer has been accepted In order to avoid any problems later,we want to be sure that this
location is zoned for our type business,a small machine shop.
• We are similar in operation to a sheet metal shop,and only produce small quantities of
prototype parts.Much of our work is in the R&D,CAD/CAM,and design area Our noise
• level is low inside,and should be insignificant outside the building.We have no venting
requirements.
At this time we have only one frill time employee(myself)and one part timer,and have no
plans to hire in the near fume.Off street parking in front of the building should be mare than
adequate.
Currently we are located in Cummings Center in Beverly,and our present neighbors are a
Biochemist,Emanuell College,a drapery designer,and a scientific research lab.Our operation
fits in well in this environment.Our present lease at Cummings expires on April 30 I999,and
we are already approved for another five year option on our current lease agreement,but we
Owould prefer to purchase our own building while conditions justify it
Please advise us of your decision as soon as possible so that we can continue with the
purchasing process.If I can provide any help or information please call anytime.Also,please
feel free to come and see our shop as it is now,we rake a lot of pride in our well organized and
modem operation.
Thank You for your help;
L ! lOgee
Jim Brown
J Cerra
Suite 428G
Revuly,?vtassaz,Fmectrs
OI9I5-6122
97&9215459
978-92I-0749 Fax
3� Citp of *afem, 41a9;2;arbu!6ettg
l Public Property Department
Nuilbing Department
One 6alem Oreen
(976) 745.9595(fix[. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building September 3 , 1998
Zoning Enforcement Officer
Ninety Seven Auto Repair
97 Canal Street
Salem, Mass . 01970
RE: 97 Canal Street
Dear Mr. Leopoldo Acosta :
According to our records on file in the Building
Inspectors Office, it has been determined that 97 Canal
Street is in a B-4 Zone and that automobiles service
stations , subject to the restrictions of Section 7-2 of
the Salem Zoning Ordinances are permitted . ( See attached
copy)
However , we have found that the existing property
does not conform to the density regulations for the
district in which this automobile service station is
located, and that a variance was never sought or granted
allowing this nonconformity.
You are hereby ordered to apply for a variance within
60 days upon receipt of this letter, and to remove any
unregistered vehicles from the property.
Failure to comply with the requirements of this order
within (30 ) days upon receipt of this letter will result
in legal action being taken against you in Salem District
Court .
Thank you in advance for your anticipated cooperation
in this matter.
Sincerely,
Kevin G. Goggin
Inspector of Buildings
KGG: scm
cc : Al Viselli
Fire Prevention
John Keenan, Assistant Solicitor
Councillor Kelley, Ward 5
j.
SUPPLEMENTARY REGULATIONS SALEM ZONING ORDINANCE Art.VII,§7.2
ARTICLE VII. SUPPLEMENTARY service station shall conform to the more restric-
REGULATIONS tive dimensional requirements.
(1) Every automobile service station shall have
Sec. 7.1. Trailers. a minimum lot width of one hundred twenty
(120)feet and a minimum lot area of twelve
(a) No person shall park, store or occupy a thousand (12,000) square feet, plus an ad-
trailer for living or business purposes within the ditional two thousand(2,000) square feet of
City of Salem, except: lot area and an additional twenty (20) feet
(1) The owner of residential premises may of lot width for every two(2)pumps and one
permit occupancy of such premises by non- (1) service bay in excess of four (4) pumps
paying guests using a trailer for a period and two (2) service bays. Duplex pumps
not to exceed twenty (20) days. A special and/or hoses that are covered or enclosed in
permit for this purpose must be obtained a single housing shall be counted as two(2)
from the inspector of buildings before the pumps.
land can be so occupied. No more than one (2) Every structure erected for use as an auto-
(1)trailer is permitted with any one(1)res- mobile service station shall have a min-
idence or lot. imum setback from the street right-of-way
(2) A temporary office incidental to construc- of forty (40) feet and a minimum setback
tion on or development of the premises on from all property lines of ten (10) feet. All
which the trailer is located shall be per- pump islands shall be set back a minimum
mitted. of fifteen (15) feet from all property lines.
(b) In neither case enumerated in subsections (3) All vehicle service areas shall be con-
a)(1)and(2)shall the trailer be connected to public structed to conform to the following stan-
water or sewer facilities. Trailers used as tempo- dards:
rary construction offices may be connected to tele- a. A curb six (6) inches high and six (6)
phone and electric facilities. inches wide shall be provided along all
property lines abutting street rights-of-
d Dead storage and/or parking of trailers will
be permitted in accordance with the following pro- way, except for portions used for
driveway entrances.
visions: b. The entire area used for vehicle ser-
(1) Such stored trailers shall not be used for vice shall be paved,except for such area
living occupancy, except as stipulated in as is landscaped and considerably pro-
subsection (a)(1) above, tected from vehicle use by a low bar-
tier.
(2) Trailers shall not be stored in any front
yard. If stored in any side or rear year, the c. Hydraulic hoists, pits and lubricating,
aiqup-
trailer shall not be placed closer than ten greasing, washing and repair equip-
(10) feet from any lot line or within five (5) a buient shall be entirely enclosed within
feet of any building on an adjacent lot. a building.
d. The width of driveway entrances shall
be not more than twenty-four(24)feet.
Sec. 7.2. Automobile service stations. e. The angle of intersection of the
driveway with the street shall be not
Any automobile service station or gasoline more than sixty (60) degrees.
Filling station in any district shall conform at least f The distance from any driveway to any
to the following regulations. Where the density side property line shall be not less than
regulations for any district in which an automo- twenty (20) feet.
bile service station is located are more restrictive g. The distance between curb cuts shall
than the regulations contained hereinafter, the be not less than forty (40) feet.
27
SUPPLEMENTARY REGULATIONS SALEM ZONING ORDINANCE Art,VII,3 7-2
ARTICLE VTI. SUPPLEMENTARY service station shall conform to the more restric-
REGULATIONS tive dimensional requirements.
(1) Every automobile service station shall have
Sec. 7.1. Trailers. a minimum lot width of one hundred twenty
(120)feet and a minimum lot area of twelve
(a) No person shall park, store or occupy a thousand (12,000) square feet, plus an ad.
trailer for living or business purposes within the ditional two thousand(2,000)square feet of
City of Salem, except: lot area and an additional twenty (20) feet
(1) The owner of residential premises may of lot width for every two(2)pumps and one
permit occupancy of such premises by non- (1) service bay in excess of four (4) pumps
paying guests using a trailer for a period and two (2) service bays. Duplex pumps
not to exceed twenty (20) days. A special and/or hoses that are covered or enclosed in
permit for this purpose must be obtained a single housing shall be counted as two(2)
from the inspector of buildings before the pumps,
land can be so occupied. No more than one (2) Every structure erected for use as an auto-
(1) trailer is permitted with any one(1)res- mobile service station shall have a min-
idence or lot. imum setback from the street right-of-way
(2) A temporary office incidental to construe- of forty (40) feet and a minimum setback
tion on or development of the premises on from all property lines of ten (10) feet. All
which the trailer is located shall be per- pump islands shall be set back a minimum
mitted. of fifteen (15) feet from all property lines.
(b) In neither case enumerated in subsections (3) All vehicle service areas shall be con-
�a)(1)and(2)shall the trailer be connected to public structed to conform to the following stan-
water or sewer facilities. Trailers used as tempo- dards:
rary construction offices may be connected to tele- a. A curb six (6) inches high and six (6)
phone and electric facilities. inches wide shall be provided along all
property lines abutting street rights-of-
c) Dead storage and/or parking of trailers will
be permitted in accordance with the following pro- 'Wray, except for portions used for
driveway entrances.
visions: b. The entire area used for vehicle ser-
(1) Such stored trailers shall not be used for vice shall be paved,except for such area
living occupancy, except as stipulated in as is landscaped and considerably pro-
subsection (a)(1) above. tected from vehicle use by a low bar-
(2) Trailers shall not be stored in any front bar-
rier,
c.
yard. If stored in any side or rear year, the Hydraulic hoists, pits and lubricating,
trailer shall not be placed closer than ten mentgreasing, washing and repair equip-
(10) feet from any lot line or within five(5) bui shall be entirely enclosed within
a
feet of any building on an adjacent lot. a building.
d. The width of driveway entrances shall
be not more than twenty-four(24) feet.
Sec. 7.2. Automobile service stations. e. The angle of intersection of the
driveway with the street shall be not
Any automobile service station or gasoline more than sixty (60) degrees.
Filling station in any district shall conform at least f The distance from any driveway to any
to the following regulations. Where the density side property line shall be not less than
regulations for any district in which an automo- twenty (20) feet.
bile service station is located are more restrictive g. The distance between curb cuts shall
than the regulations contained hereinafter, the be not less than forty (40) feet.
27
�Li�i� YL OJ/NLC-31�� �1YLLLLbrKIiJ"A.-L44A.-
Public Propertp Department
Wuilbing Department
ene&alem green
(978) 745-9595(Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building 3SS e S
Zoning Enforcement Officer
June 9 , 1998
Ninety Seven Auto Repair
9L7 Canal Street
Salem, Mass . 01970
RE: 97 Canal Street
Dear Leopoldo V. Acosta:
Due to a complaint received by the Neighborhood
Improvement Task Force, I conducted an inspection of your
property and have reviewed the following zoning issues
with your office manager.
1 . No motor vehicles shall be stored or serviced on the
street .at any time.
2 . Business hours shall be strictly adhered to, per Salem
Zoning Ordinance.
Please take immediate corrective action to comply
with this order. Failure to do so will result in legal
action being taken against you.
Thank you for your anticipated cooperation regarding
this matter.
Sincerely,
Kevin G. Goggin
Assistant Building Inspector
KGG: scm
cc : Al Viselli
Peter Richard
Councillor Kelley, Ward 3
i
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Chapter 161/2
NOISE CONTROL'
Art L In General,it 16vs1-16V1 is
Art. IL Radios, Boom Boxes, Tape Cassettes, Disc Players, Etc., §§
H&I6-469s-24
ARTICLE L IN GENERAL
Sec. 161/2-1. Certain noises prohibited generally. g
It shall be unlawful for any person to make, continue, or cause qa:
to be made or continued any loud,unnecessary or unusual noise
or any noise which. t'
(1) Endangers or injures the safety or health of humans or
animals, or
(2) Annoys or disturbs a reasonable person or normal sensi-
tivities, or
(3) Endangers or injures personal or real property,which noise
shall be termed a "noise disturbance" for the purposes of
this chapter.
Noncommercial public speaking and public assembly activities
(, \ conducted on any public space or public right-of-way shall be
`L exempt from the operation of this section.
(Ord. of 6-23-77, § 2)
Sec. 161/2-2. Noises enumerated.
\ The following acts, among others and the causing thereof are
declared to be loud disturbing and unnecessary noises and to be
in violation of this chapter, but said enumeration shall not be
/ deemed to be exclusive, namely-,
(1) Radios, television sets, musical instruments and similar
devices. Operating,playing or permitting the operation or
*Editor's note—Ord. of June 23, 1977, § 2, amended this Code by adding
provisions designated Ch.34,§§34-1-34-4,which provisions have been redesig-
nated Ch.16Y2,§§102-1-16Y2.4,in order to preserve the alphabetical sequence
of chapters within the Code.
a\ Supp.No.23 1149
�i
$ 1642-2 SALEM CODE § 16Vs-2
playing of any radio, television, phonograph, drum, musi-
cal instrument sound amplifier or similar device which
produces, reproduces or amplifies sound:
(a) Between the hours of 11:00 pm. and 7:00 a.m. the
following day in such manner as to create a noise
disturbance as set out in section 1612-1 across a real
property boundary except for activities open to the
public and for which a permit has been issued by an
(appropriate authority) in Salem.
(b) In such a manner as to create a noise disturbance at
fifty (50) feet (fifteen (15) meters) from such device, 1.
when operated in or on a motor vehicle on a public
right-of-way or public space, or in a boat on public
waters.
(c) In such a manner as to create a noise disturbance to
any person other than the operator of a device, when
operated by any passenger on a common carrier.
(d) This subsection shall not apply to noncommercial
spoken language covered under section 16Y2-1.
(2) Loudspeakerslpublic address systems.
(a) Using or operating for any noncommercial purposes
any loudspeaker, public address system, or similar
device between the hours of 10:00 p.m. and 8:00 a.m.
the following day, such that the sound therefrom
creates a noise disturbance across a residential real
property boundary or within a noise sensitive zone.
(b) Using or operating for any commercial purpose any
loudspeaker, public address system or similar device
such that the sound therefrom creates a noise distur-
bance across a real property boundary between the
hours of 6:00 p.m. and 10:00 a.m.the following day on
a public right-of-way or public space.
(3) Animals and birds. Owning, processing or harboring any
animal or bird which frequently or for continued duration,
Supp.No. 23 1150
§ 16Y2•2 NOISE CONTROL § 16Yr2
makes sounds which create a noise disturbance across a
residential real property boundary.
(4). Loading and unloading,manufacturing activities.Loading,
unloading or other handling of boxes, crates, containers or
building materials or similar objects and the engaging in
manufacturing activities between the hours of 11:00 p.m.
and 7:00 am. the following day in such a manner as to
cause a noise disturbance across a residential real property
boundary.
(5) Construction and blasting.Operating or permitting the op•
eration of any tools or equipment used in construction or
demolition work between the hours of 5:00 p.m. and 8:00
a.m.the following day on weekdays or at any time on Sun.
days or holidays (such that the sound therefrom creates a
noise disturbance across a residential real property
boundary)or the operation of drilling and/or blasting equip
ment used in construction, reconstruction, repair, or dem•
olition work between the hours of 5:00 p.m. and 8:00 a.m, t
the following day on weekdays or at any time on Satur-
days, Sundays, or holidays; except for emergency work of
public service utilities,or by special variance issued by the
building inspector pursuant to the Salem Code of Ordi•
nances, and notification of same to the police department.
All building inspectors,in addition to police officers, shall
_ be enforcing persons for the provisions of this subsection, y
(6)`Veh:icle or motorboat repairs and ie—
sting.-Repairing;-re,-"--building, modifying or testing any motor vehicle, motor:, �
'�—_cycle,or_motorboat in such a manner as to cause-a noise
disturbance across a residential real property, boundary,
All building inspectors;in–addition to police.officers, shall
be enforcing persons for the provisions of this subsection.
(7) Explosives; firearms and similar devices. The use or firing—
of
ringof explosives, firearms or similar devices which create im•
pulsive sound so as to cause a noise-disturbance across a
real property boundary or on a public space or right-of-way,
without first obtaining a special variance issued pursuant
to the Salem Code of Ordinances. (Such permit need not be
obtained for licensed game-hunting activities on property
where such activities are authorized.)
Supp. No. 22 1151
Chapter 73/4
RETAIL BUSINESS ESTABLISHMENTS—HOURS
OF OPERATION'
Sec. 73/4.1. Statement of purpose.
Whereas the City of Salem is one of the most ancient and his-
toric communities in the Commonwealth of Massachusetts and
the United States of America and;
Whereas the City of Salem is desirous of promoting public
health, safety, morals and good order;
Therefore, be it enacted as follows: (Ord. of 4-27-89, § 1)
Sec. 73/4.2. Establishment of public goals.
For the reasons set forth in section 73/4-1 it is hereby estab-
lished as a public goal of the City of Salem that the opening of any
and all retail business establishments shall not be permitted
during certain hours as hereinafter provided for. (Ord.of 4-27-89,
§ 1)
Sec. 73/4-3. Prohibitions.
No person,business or corporation shall be open for the trans-
action of retail business between the hours of 11:00 p.m.and 6:00
a.m. without the permission of the city council and the approval
of the mayor as hereinafter provided for. (Ord. of 4.27-89, § 1)
Sec. 73/4-4. Exceptions.
(a) A person, business or corporation desirous of opening for
business during the hours prohibited above may request permis-
sion of the city council to remain open during prohibited hours.
(b) Upon receipt of a request to remain open during prohibited
hours, the city council shall schedule a public hearing on said
request within thirty(30)days of receipt of said request.Notice of
the public hearing shall be posted on the official bulletin board in
*Cross references—Business activities on Sundays, Ch. 742; licenses gener.
ally, Ch. 15.
Supp.No. 17
561
V MIC Vf (CN Y111 (GNY1111\�. M1 GV Lll 11 V1\ ���
5.22 70 I #177 JE`e'n"r"ica-GeorgeTassinari 97 Canal Street /
STRUCTURE MATERIAL DIMENSIONS No.OF STORIES No.OF FAMILIES I WARD I COST
Garage Briuk Block 228 4 1 7 x34 $$6,000
BUILDER
Owner
Add a garage and brick in the front of existing building
.$ Efffi 12/� #506 Install overhead garage door.
1/11/96 1#11-96 Install sign @ 97A Canal St. for "Foreign Auto". est 300. fee 20.
(Owner: Enrico Tassinari)
P
June 18, 1998
f+: 1whom it may concern
$Dom: '`'Michael and Cheryl Butler
Z )47 -Roslyn St.
J Salem, MA 01970
ro I am writing this letter in support of the 97 Auto repair
shop on the corner of Roslyn & Canal Street. I am a house wife
and spend many hours at home. I live directly across from the
repair shop. We have lived here since March" 1st, 1998. I
have never seen these gentlemen working on cars in the street
no longer than regular business hours . They work Monday -
Saturday. They arrive around 9 a.m. and leave between 530 p.m.
and 6 p.m. and on Saturdays they only work half days leaving
between 1230 p.m. or 1 p.m.
I rent an apartment front the gentlemen who has made a
complaint against the Auto Repair Shop. This man is his own
worst enemy. He has made it clear to my husband and myself he
does not like Hispanic people. I truly believe he is taking
his own personal problems out on the gentlemen across the street
because he is miserable.
When we moved into this apartment we were warned about
the landlord and his disposition. It did not take very long
to see why all his neighbors dislike him so much. He does not
get along with anyone. He creates his own problems and blames
everyone but himself. I known by writing this letter could
put my apartment in jeopardy but I can not sit by and watch
these gentlemen get continuously harassed by Pete Richard, they
are only trying to run a business . I hope by writing this letter
these gentlemen can come to work and not be bothered by Pete
Richard ever again. If you have any questions you may call
us at our home our number is 745-6884 .
Sincerely,
Michael L. Butler
& Cheryl A. Butler
Cttp of 9parem, fHag!6arbu5ett5
a Public Propertp Mepartment
a �
�3uilbing Mepartment
One fbalem Oreen
(976) 745-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
June 9 , 1998
Ninety Seven Auto Repair
97 Canal Street
Salem, Mass . 01970
RE : 97 Canal Street
Dear Leopoldo V. Acosta :
Due to a complaint received by the Neighborhood
Improvement Task Force, I conducted an inspection of your
property and have reviewed the following zoning issues
with your office manager.
1 . No motor vehicles shall be stored or serviced on the
street at any time .
2 . Business hours shall be strictly adhered to, per Salem
Zoning Ordinance.
Please take immediate corrective action to comply
with this order. Failure to do so will result in legal
action being taken against you .
Thank you for your anticipated cooperation regarding
this matter .
Sincerely,
Kevin G. Goggin
Assistant Building Inspector
KGG: scm
cc : Al Viselli
Peter Richard
Councillor Kelley, Ward 3
PUBLIC PROPERTY
DEPARTMENT
KINISM.EY DRISCOLL
MAYOR
120 WASHINGTON STREET*JA11:M,M.l1SA(}(l'Sh1lS 01970
'ML 978-745-9S95•FAIL 978.740-9846
APPLICATION FOR THE REPAIR, RENOVATION, CONSTRUCTION.
DEMOLITION. OR CHANGE OF USE OR OCCUPANCY, FOR ANY EXISTING
STRUCTURE OR BUILDING
1.0 SITE INFORMATION
Location Name: p Building:
Property Address:
Cf I CAN
Property is located in a; Conservation Area Y/N i1 Historic District Y/N
2.0 OWNERSHIP INFORMATION
2.1 Owner of Land
Name: „� ,.➢
Address:
Telephone: 918 '] Vfj L161R':jt
3.0 COMPLETE THIS SECTION FOR WORK IN FY MIG, BUILDINGS ONLY
Addition Existing
Renovation Number of Stories Renovated
Change in Use New
Approximate year of Area per floor (sf) Renovated
construction or renovation
of existing building New
Brief Description of Proposed Work: Sz 2 oa
Mail Permit to: N A ( ' ,
jj ° ski,
What is the current use of tFje Building? � A��1 Lim
Material of Building? �cIV� If dwelling. how many units?
Will the Building Conform to Law? f- Asbestos?
Architects Name
Address and Phone
Mechanic's Name
Address and Phone �
Construction Supervisors License# o?a/�� HIC Registration#
Estimated Cost
/o PP'r)ol�e $ C Permit Fee Calculation
Permit Fee$ Estimated Cost X$7/$1000 Residential
Estimated Cost X $11/$1000 Commercial
An Additional $5.00 is added as an
Administrative charge.
Make sure that all fields are properly and legibly written to avoid delays in processing.
The undersigned does hereby apply for a Building Permit to build to the above stated
specifications. Signed under penalty of perjury
)&
Date d
O ( N
a+
a b a
WI �
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o °
F a e 3
3 L
1