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130 CANAL STREET - BUILDING JACKET I 130 CANAL STREET T:- ' 0 ' NOTICE OF CITY ORDINANCE CITY OF SALEM SALEM CITY ORDINANCE Citation: 1998 y��rOAfDITq�Q� Date: =Time 01/31/2015 " w Location: .. ►�! �I°, � ��'4,, 130 CANAL STREET ��jy1 vso �5� g y' VE AO i Badge Number:, C Officer: THOMAS ST PIERRE Fine: 01/31/2015 $ 25 . 00 Violation: 05 REMOVAL OF SNOW/ICE FROM SIDEWALK (SCO 38-13 & 38-14) Payments : Other: $ -25 . 00 Docket : Verdict : TOTAL DUE: 11 05/28/2015 $ 0.00 ABATEMENT RECEIPT CITY OF SALEM MA-037-Co-2015-00-1998 CITY OF SALEM PARKING CLERK 05/28/2015 Box z03 MI - - TOTAL DUE : 0 . 00 MILFORD,MA 01757 (508)473-9660 ABATEMENT INFORMATION GALLIEN,DARLENE 05/28/2015 $25.00 3 GERALD ROAD DISMISSED IN COURT MARBLEHEAD,MA 01945-0000 DOCKETNUMBER Trial Court of Massachusetts _ NOTICE OF NEXT EVENT 1536AC000162 District Court Department CASE NAME City of Salem v. Darlene Gallien ATTORNEY(OR PRO SE PARTY)TO WHOM THIS COPY OF NOTICE IS ISSUED COURT NAME 8 ADDRESS City of Salem Salem District Court Bldg. Inspector 56 Federal Street 120 Washington Street Salem, MA 01970 Salem, MA 01970 NEXT COURT EVENT JUDGE OR MAGISTRATE(if already assigned) Magistrate Hearing 05/08/2015 at 10:00 AM Clerk Magistrate Session AAA COUNSEL FOR ALL PARTIES(OR PROSE PARTY) AAA MUST APPEAR ON THE DATE&TIME SHOWN ABOVE TO THE PARTIES TO THIS CASE: The nature, date and time of the next scheduled event concerning this case is indicated above. You are required to be present at this event. If you have good reason to request the Court to reschedule this event for another date, such request must be made by motion in accordance with the applicable court rule. Please note that the granting of a continuance is not automatic even when all the parties agree. Further Orders of the Court. DATE ISSUED CLERK-MAGISTRATE March 16, 2015 Brian K Lawlor 014 www.mass.gov/courts DateMme Printed: 03-16-2015 15:37:51 RECEIVED FEB 2 4 2015 To Whom it may concern: CITY OF SALEM CITY COLLECTOR This matter is concerning us receiving a ticket for not having our sidewalk shoveled. In 2013 when the Canal street construction project was started the contractor tore up the sidewalk that we had in front of our store. It has never been replaced. In 2014 we received a ticket for not having our side walk shoveled as well. We wrote to you to appeal stating that it was never replaced. In 2014 once the snow was melted someone from the city came down to examine the sidewalk or lack thereof one .At that time it was found that we did not have to pay the fine. In late fall of 2014 the City Engineer's office came down to let us know that they will be taking some of our property to make a sidewalk in the spring of 2015. Until that time we should not have to pay a fine for not shoveling the road. Thank you for your attention to this matter. if you would like to discuss further I can be reached at 978-745-6967 Sincerely, John Reardon CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET, 3'D FLOOR TEL: 978-745-9595 KINMERLEY DRISCOLL FAx: 978-740-9846 MAYOR THOMAS STYIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER February 18, 2015 RE: Violation of Ordinance Ticket Your appeal of this ticket is not through this Department or any other City Department. As stated on the yellow sided of the Notice of Violation below the "Amount of Fine" section near the "box"you checked your desire to appeal is the location to send your appeal: Clerk Magistrate Salem District Court 56 Federal Street Salem, Massachusetts 01970 Respectfully, Salem Building Department 'A e'T S BOARD OF APPEAL CLERK "OFFICE i 2G WASHINGTON STREET; 3RD FLOOR ' SALEM, MA 01970 . syF�IEW�� _ TEL. (978) 745-9595 t FAX (978) 740-9846 ',1AN. ( b^. P ' - 4b STANLEY J. USOVICZ, JR. MAYOR DECISION OF THE PETITION OF DARLENE GALLIEN REQUESTING, A VARIANCE FOR THE PROPERTY LOCATED AT 130 CANAL STREET I A hearing on this petition was held January 15, 2003 with the following Board Members present: Nina Cohen, Bonnie Belair, Nicholas Helides, Stephen Harris and Joan Boudreau. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting Variances from side setback, rear setback and lot coverage to construct a 25' x 55' addition for the property located at 130 Canal Street located in an I zone. The Variances, which have been requested, may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying;or substantially derogating from the intent of the district of the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. Darlene Gallien, owner of North Shore Fruit Basket appeared with her husband and presented their plans for the addition 2. Petitioner request variances from side setback, rear setback and lot coverage to construct a 25' x 55' addition for storage. Plans and pictures were submitted. 3. Two abutters, Dr. Freedman, owner of Hawthorne Animal Hospital and John Adams property owner of 103 Canal Street appeared and showed their support of this petition. 4. There was no opposition to this petition. DECISION OF THE PETITION OF DARLENE GALLIEN REQUESTING VARIANCE FOR THE PROPERTY LOCATED AT 130 CANAL STREET I page two On the basis of the above findings of fact, and on, the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows 1. Special conditions exist which especially affect the subject property but not the District. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. at Therefore, the Zoning Board of Appeal voted 5itgrant the Variances requested, subject to the following conditions; - - 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. Exterior finishes of the new construction shall be in harmony with the existing structure. 4. All construction shall be done as per plans submitted and approved by the Building Commissioner. 5. A Certificate of Inspection shall be obtained. VARIANCE GRANTED JANUARY 15, 2003 Stephen Harris Board of Appeal l J ;r A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 day date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owntr of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal `�, f1Lit of "S'ttlem, �AHttssttt-lTusetfs is Paurb of Apveal 1999 FEB 24 q 1t: 53 DECISION ON THE PETITION OF DARLENE GALLIEN.REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT�130 CANAL STREET—I A hearing on this petition was held February 17, 1999 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Stephen Buczko, Michael Ward and Stephen Harris. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner Darlene Gallien , is requesting a Special Permit to extend a non-conforming structure for the property located at 130 Canal Street. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 0), which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve Substantial hardship, financial or otherwise, to the petitioner. I ; DECISION ON THE PETITION OF DARLENE GALLIEN REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 130 CANAL STREET page two C. Desirable relief may be granted without substantial detriment to the public good and Without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: 1. Petitioner operates a business known as North Shore Fruit Basket at the above address. Her husband represented her before the Board in connection with this matter. 2. Petitioner sought variances to enable them to construct an enclosed structure on an existing concrete foundation and thereby expand the work area of the business. The Special Permit is required because the existing structure is nonconforming In that it extends right up to the boarder of the property. 3. There was no opposition to the proposed special permit. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 3. The relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. 4. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the relief requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statues, codes ordinances and regulations. 2. All construction shall be done per the plans and dimensions submitted and approved by the Zoning Enforcement Officer. n= 3. All requirements of the Salem Fire Department relative to smoke and fire safety mac; Shall be strictly adhered to. A D �� ,r DECISION OF THE PETITION OF DARLENE GALLIEN REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 130 CANAL STREET page three 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. Exterior finished of the new construction shall be in harmony with the existing structure. 6. A Certificate of Inspection shall be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. Special Permit Granted February 17, 1999 �", csu�s, Nina Cohen Chairman, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17, of MGL Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that the 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal m w x ' N V;�•; CD D D _s m3 ui D w No. (45Z)--q`4 City of Salem. Ward 3 :3 v r .. APPLICATION FOR PERMIT TO BUILD ADDITION, MAKE ALTERATIONS OR NEW CONSTRUCTION IMPORTANT-Applicant to complete all items sections:1, It, III, IV,and IX. ZONING I- AT(LOCATION) 13 D ` 57t-- DISTRICT LOCATION (NO) (STREET) OF BETWEEN AND BUILDING (CROSS STREET (CROW ET) LOT SUBDIVISION LOT BLOCK SIZE 11. TYPE AND COST OF BUILDING -All applicants complete Parts A - A. TYPE OF IMPROVEMENT D. PROPOSED USE-FOR"DEM UTION"USE MOST RECENT USE 1 ❑ New building Residential Nonresidential 2 ❑ Addition(If residential,enter number o/new 12 ❑ One family 18 ❑ Amusement,recreational housing units added,if any,in part D, 13) 19 E] Chruch,other religious 13 E] Two or more family-Enter number 3 ❑ Alteration(See 2 above) of units............_....._._...._._.................. 20 ❑ Industrial 21 E] Parking garage 4 ❑ Repair replacement 14 E] Transient hotel,motel,or tlollnitory- Enter number of units ..... 22 ❑ Service station,repair garage _._:...__._._. 5 ❑ Wrecking(It multi/amity residential,enter number 23 Hospital,institutional o/units in building in Part D,13) 15 ❑ Garage 24 ❑ Office,bank,professional 6 ❑ Moving(relocation) 16 ❑ Carport 25 ❑ Public utility 7 ❑ Foundation only 26 ❑ School,library,other educational 17 ❑ Other-Specify 27 ❑ Stores,mercantile B.OWrRSHIP 28 ❑ Tanks,towers- 8 Kj Private(individual,Corporation,nonprofit 29 Other-Specify institution,etc.) _ 9 ❑ Public(Federal,Slate,or local government - f/OW e-'^ S�.0 `moi C.COST (Omit cents) Nonresidential-De'. ribe in detail proposed use of buildings,e.g.,food processing plant, machine shop,launl, y building at hospital,elementary school,secondary school,college, parochial school,p i sing garage for department store,rental office building,office building 10. Cost of improvement ......................................................... $ at industrial plant.It se of existing building is being changed,enter proposed use. To be installed but not included in the above cost a. Electrical........................................................................... b. Plumbing.......................................................................... c. Heating,air Conditioning...........................--.............. d. Other(elevator,etc.)..................................................... 11. TOTAL COST OF IMPROVEMENT $ 6OO III. SELECTED CHARACTERISTICS OF BUILDING For new buildings and additions, complete Parts E-L;demolition, complete only Parts J&M, all others skip to IV E. PRINCIPAL TYPE OF FRAME F. PRINCIPAL TYPE OF HEATING FUEL G. TYP. OF SEWAGE DISPOSAL I. TYPE OF MECHANICAL 30 ❑ Masonry(wall bearing) 35 ❑ Gas 40 ❑ Public or private company Will there be central air 31 ❑ Wood frame 36 C] Oil 47 ❑ private(septic tank,eta) Conditioning? 32 ❑ Structural Steel 37 ❑ Electricity 44 ❑ Yes 45 ❑ No 33 ❑ Reinforced concrete 38 ❑ Coal H. TYP OF WATER SUPPLY Will there by an elevator? 34 ❑ Other-Specify 39 ❑ Other-Specify 42 Public or private Company 46 ❑ Yes 47 ❑ No 43 Private(well,cistern) 1 J.DIMENSIONS M. DEMOLITION OF STRUCTURES: 48. Number of stones......._....................._............................ 49. Total square based on exterior feet of floor area all Boors,based Has Approval from Historical Commission been received dimensions ........................................................................ for any structure over fifty(50)years? Yes_ No_ 50. Total two area,sq.ft_............................................-....... Dig Safe Number ; i K.NUMBER OF OFF-STREET PARKING SPACES Pest Control: 51. Enclosed ..............-........................................................... .. � HAVE THE FOLLOWING UTILITIES BEEN DISCONNECTED? 52. Outdoors................................................................ Yes No 1 L RESIDENTIAL BUILDINGS ONLY Water 53. Enclosed _...................................._...._....................._...... Electric: Gas: Full........................................... Sewer: 54. Number of bathrooms DOCUMENTATION FOR THE ABOVE MUST BE ATTACHED Partial ............................. BEFORE A PERMIT CAN BE ISSUED. IV. COMPLETE THE FOLLOWING: Historic District? Yes_ No-Z (If yes, please enclose documentation from Hist. Com.) Conservation Area? Yes_ No (If yes, please enclose Order of Conditions) Has Fire Prevention approved and stamped plans or applications? Yes_ No_ Is property located in the S.R.A. district? Yes_ No Comply with Zoning? Yes_ No (If no,enclose Board of Appeal decision) Is lot grandfathered? Yes_ No (If yes,submit documentation/if no,submit Board of Appeal decision) If new construction, has the proper Routing Slip been enclosed? Yes_ No_ Is Architectural Access Board approval required? Yes_ No (If yes, submit documentation) Massachusetts State Contractor License # 0:? Salem License # (o$ Home Improvement Contractor#40.30.?1 Homeowners Exempt form (if applicable) Yes_ No_ CONSTRUCTION TO BE COMMENCED WITHIN SIX (6)MONTHS OF ISSUANCE OF BUILDING PERMIT CONSTRUCTION IS TO BE COMPLETED BY: Q / If an extension is necessary,please submit in writing to the Inspector of Buildings. V. IDENTIFICATION - To be completed by all applicants Name / Mailing address-Number,street,cit),and state ZIP Cade Tel.No. Owner or t .�� O 1 C?—20 LI`ALC.T /f'f IPc� /(`, Lessee 2. lo✓ Ill Contractor Builder's Ucenw No. 0 3 3 Z � o Amhaect or Engineer I hereby certify that the proposed work is authorized by the owner of record and that I have been authorized by the owner to make this application as his authonzed agent and we agree to conform to all applicable laws of this jurisdiction. Sign reof ant Address AD lica n date 4 DO NOT WRITE BELOW THIS LINE VI. VALIDATION Building FOR DEPARTMENT USE ONLY Permit number Building Use Group Permit issued tg Fire Grading Building Permit Fee $ �P)5 r7� Live Loading Certificate of Occupancy $ Occupancy Load Approved Drain Tile $ � Plan Review Fee $ ^ ILIT 4tn--� NOTES AND Data • (For department use) u lh PERMIT TO BE MAILED TO: DATE MAILED: Construction to be started by: Completed by: VI ZONING PLAN EXAMINERS NOTES DISTRICT USE FRONT YARD SIDE YARD SIDE YARD REAR YARD NOTES SITE OR PLOT PLAN -For Applicant Use O N c COMMONWEALTH OF MASSACHUSETTS WP DEFAR:MENT OF INDUSTRIAL ACCIDENTS 600 WASHINGTON STREET _groes. �amopec. BOSTON, MASSACHUSETTS 02111 -_ .-ss,one• WORKERS' COMPENSATION INSURANCE AFFIDAVIT L 4z fhcenseeipermi eel with a principal place of business/residence at: SllaaJ! 4Rd , (City8tate/Zip) do hereby certify, under the pains and penalties of perjury, that: I am an employer providing the following workers' compensation coverage for my employees working on this iob. insurance Company Policy Number I am a sole proprietor and have no one working for me. I am a sole proprietor, general contractor or homeowner (circle one) and have hired the contractors listed below who have the following workers' compensation insurance policies: �✓ 7�s4Zt/ lts�t(S� Name of ontractor Insurance Company/Policy Number Name of Contractor Insurance Company/Policy Number Name of Contractor Insurance Company/Policy Number [ I am a homeowner performing all the work myself. NOTE: Pleuc be aware that while homeowners who employ persons to do maintenance.construction or repair work on a dwelling of not more than three units in which the homeowner also resides or on the grounds appurtenant thereto are not generally considered to be employers unaer the Workers' Compensation Act(GL C. 152,sect. 1(5)), application by a homeowner for a license or permit may evidence the legal suras of an employer under the WorkersCompensation Act. understand that a copy of this statement will be forwarded to the Department of Industrial Accidents' Office of insurance for coverage 'cnncatfon and that failure to secure coveraze as reouircd under Section 25A of MGI- 152 can lead to the imposition of criminal penalties consisune of a fine of up to $1500.00 andior imprisonment of up to one year and avu penaiues m the form of a Stop Work Order and a ..ne of S 100.00 a day against me. Signed this day of 19 icenseei Permirrec licensor/Permirtor SEP 21 '94 12:52 G.T.MCCARTHY INS. 804 P02 mg�, _.�1 'y9p!•,nal^[ftx!rtvw: h":� L • 9/14/94 _ .. .._. . .. ....-_..-...._.-r_ I� UEi_. .. .. PPpOUCER" ' - } THIS CERTIFICATE IS ISSUED AS A r7g9TT£R OF INFQRgFA ON ON Y 1 AND CONFERS NO RIGHTS UPON THE CIE TIFICA AGEYHETOR ALT AGAFVORDEDBTPOOC1eBELOW Tq RHOT COV R, GERALD MCCARTHY INS AGCY INC-92 NORTH ST COMPANI SALEM Mol 01970 ES AFFORDING COVERAGE, ETTERNY A COMI"ERCIAL. UNION IN': .._. ...._.. __ COMPANY LETTER T'REMBLAY CONL_;7 kI1C.' ON CO COMPANY LETTER C DONALD1'REMBI_iIY Si LINI?f.N ST ETTER D FIDELITY & CASUOLT'Y CO Of' NY — SALEM MA 01""70 COMPANY E LETTER PT \r THIS IS TO CERTIFY THAT POLICIES OF INSURAI�I``gqyy....E LISTED BELOW HAVE BEEN ISSUED TO THE INSUREb NAMED ABbVA F0t#THFiQ LICY PERIOD INDICATED, NOTWITM$TAN0ING ANY g60VIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DMVM19NT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BEE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED :. HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS.AND CONDITIONS OF SUCH POLICIES. QA :'U!JC(NI IMSER POLICY EFFECTIVE POLICY EXARATION LlABIlITY LIMITS9N iMODSANOS I�:d nATF(MM/00/YY) PRTE IMMIPCfYYJ EgC1 OCCEACI. CE AOOPEOATE GENERAL Lf BI f ) ' C8LKL;50S9 6!13/94 6/13/9' 1$11';. (Mnl}:kl l / I:YI UNU,:Rf M01 N( PRUPffiiY Ire rll`l:) f A t 4 -:,I'. U4MPGE IN.-R , ul a vu ca+elNzo �qq 1r 000 IIII 1 ` PERSONAL INJURY - - INA/I�r T KA PEA90N BOpilr INJVRv (PER ! ACIOE iIHL) I PCPOPEPTY - - 1 nAMAIE I 616 Pf) � EXCESS LIAPILIT "'JVY':vn 11 Yul I. COUIRP . J ryE0 n'r°1.8E39249194 q/02/9q q-/02/9.-' (EnC++nCcloEn+l A.'IU inn Ib6FmEFOUCY OMIT[ EMPIOY`'.:Rc-_;e:BiLITV rM[FAF6rM:X F.MPLQYEi) ..._..... ... —__. _ ..... ._ OL:?CfUPI I:)PI i_I':':pr-.'1:.1 P1SL�\;•r:'�';I+!!' Ftlfl f$;:PfGIAI.ITEMS I CARPENI-RY — DWELLINGS � rye ryl -L '�1 ia., • A _ t SHOULD ANY OF THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY C 1.1 Y IDI- ISAI_EM WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO BUIL.MNG TNISPECTOR THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE r0 MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF CII Y HALL. ANY KING UPON THE COMPANY ITS AGENTS OR REPRESENTATIVESSALE:.M MA 019-70 AUTHORIZED REWS NFATIVE of . $Ulem, A- assadjusetts M i � 9 Pourb of Appeal SEP I 8 ZS CITY 0j: DECISION ON THE PETITION OFDARLENE GALLIEN Cf `tY = '�SS FOR VARIANCES AT 130 CANAL_STREET —(B-2) A hearing on this petition was held August 17, 1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Stephen O'Grady, Nina Cohen and Associate Member Arthur Labrecque. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting variances from front and side setbacks to allow construction of a greenhouse, plant patio and stairs in this B-2 district. The Variances which have been requested may be granted upon a finding by this Board that: 1. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures involved. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. Petitioner owns a commercial building at 130 Canal St. in a B-2 zone where an equipment rental business is currently located. Petitioner intends to set up and operate a retail fruit and flower market in this building. 2. The petitioner seeks a variance to allow her to install a greenhouse on the Canal Street side of the property, and to erect a stairway and plant patio at the building's front entrance. 3. The petitioner submitted a letter signed by the abutters and other Canal St. business operators in support of the petition for variance. 4. There was no opposition to the petitioner's request. DECISION ON THE PETITION OF DARLENE GALLIEN FOR VARIANCES AT 130 CANAL STREET, SALEM page two On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follow S� II f$ u1H v 1. Special conditions exist which especially affect the subject property but not the district in general. CITY!DT 54L'EDM,I'�ti$$ CUE RK"S ic'FFfCE 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variances requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statutes, ordinances, codes and regulations. 2. All construction shall be done as per the plans and dimensions submitted. 3. Petitioner shall comply with all requirements of the Salem Fire Department relative to smoke and fire safety. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy is to be obtained. 6. A Certificate of Inspection is to be obtained. 5. Petitioner shall make every effort to put into effect the addition of parking spaces on the northern border of the property. Variances Granted August 17, 1994 «J ( •7✓�ytj lima V. Co len, Member Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal W r i ��•/��/ ���� / �iLCJ//'1�2(J'UGC///✓/,.(YYG C!Y/'LCG V!/'Y//./'!/U�G�(J/'L William F. Weld Governor Argeo Paul Cellucci Lieutenant Governor James J. Kerasiotes Secretary and MaTAchairman September 20, 1994 Mr. Leo Tremblay Building Inspector City of Salem One Salem Green Salem, MA 01970 Re: Request for concurrence to the issuance of a building permit in the City of Salem File #4054A/94-13 Dear Mr. Tremblay: I am writing with respect to your request for my concurrence to the issuance of a building permit to Wilfred and Darlene Gallien to- construct additions to an existing structure on former railroad propdrty in Salem, Massachusetts . The property is located at 130 Canal Street in Salem. A hearing was held at the Executive Office of Transportation and Construction on August 23 , 1994 , after publication of notice in the Salem Evening News . Massachusetts General Laws, Chapter 40, Section 54A provides that a city or town must obtain the concurrence of the Secretary of Transportation and Construction prior to the issuance of a building permit for any structures on lands formerly used as a railroad right-of-way or lands appurtenant thereto formerly used by any railroad company in the Commonwealth. The explicit purpose of the statute is to preserve former railroad property in the Commonwealth for present or future transportation-related uses . As the executive officer responsible for comprehensive planning in the fields of transportation and construction, I have the obligation under the statute to protect such property for transportation- related uses . Telephone(617)973-7000 TDD(617)973-7306 Telefax(617)523-6454 Leo Tremblay September 20, 1994 Page 2 . After the conduct of the public hearing and review of the information on file at our Office, it has been determined that the proposed construction does not adversely impact any potential transportation uses for the right-of-way. This being the case, I hereby concur with the issuance of the building permit to Wilfred and Darlene Gallien. Sincerely, ess JJ Secretary CC : Wilfred and Darlene Gallien 3 Gerald Road Marblehead, MA 01945 AD T7-\ l/ K R �.t ti. c�.tr 4-/3 � OVETLALL. "U" GALL-, CPF krAIl L CSAL25 AR,O�) 2 .Uo = UwAi,,, + Uc�AG + Uo:Ao o A �.56o)(246,3Fr' t (•45) (31. (o pr 29.0 F-r z o p , 19 10 4 U o C W�-r►�l- Twee Gc.ass Z) 4 ( , .3 3) (45U)�3l • GFT� O U (l 012 FT 113 U C Z4-(o F-r + . K 12So Fjr 'L- p.305Z UO, ,C Ti4 .PI ATC- , GLAIS :C-IFUY , Uo �c7,25 n��r2 , x IZ�o - = 322 , 5 I�ce�sAw iJb M�r.r�a-r-�fL TRN O-r- G X65 s PAY. svB 5nnmr MJ-S LATM-r-) PANELS PD-Z. LOWZL SQZ.TWNS OF WTA-00-W! Uo = (,Iou) cG4-Pt2. , rTl f .. i 29p FTS t� ` O. 2G37 Uo . 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I S x 4Z 114-- ' ( ,2; t G21.. m Fr x Vs f:n W J nr- �� l�t c.�rtwl►DN ; 17,(4A-FT 5 x 4— 7D,�, a Z92;, g� , TO�� l I, ® 1 1 b n i ; 4 SHEET a AJr-CondJHontmO ComyatM7 DATE PREPARED BY Q E4 M OFFICE PROF NO - JOB NO NAME OF J60-72 AL_ CFE ITEF, ION APPROVED SPACE WED FoL I pznofr) - ESTIMATE FOR [=ATL.;i[ PGR LOAD u■ L mL SRE x — SR FT X I L3 / = CU FT AREA OR SUN GAIN OR HOUR[OF OPERATION Ir[Y QUANTITY T[YP.DIrr. FACTOR .BTU/Noun CONDITIONS DR WB RH .DP GR/LM �'pp����. SOLAR GAIN—GLASS - OVT000R OA) WWGLAp I I G.A So FTX X . Room (RM) I Guu So FIX x DIFFERENCE O IT X X X X X X X X 1 / GEAu' -- So FT X x, - OUTDOOR AIR GLASS So Fr x - X VERTI• PEOPLE X •rM/P[aRORZZ EATION SKYLIGHT SO FT X X FT X CFO/sa FT. _ SOLA6 TRANS. GAIN--W LLS & ROOF CFM VENTILATION ■ EWIRPIYR - - ALL SO FT X X I10 4S7 RETVLVIRe.DOOR, sVOILA X—CPM/PEason= WALL Sa FT x x < OPEN DOORR n Oas X CPII/DOOR= WALL So FTX X INML- EEHAUET FA Tunes WALL SO FTX X COACH EER X CTI/FT= ROOF–SUM SO FT X- X '• CFM INFILTRATION ■ ROOF–SHADED So FT X x - CFM OUTDOOR AIR THRU APPARATUS CFMDA TRANS. WIN—EXCEPT WALLS 0 ROOF --^ -. APPARATUS DEWPOINT ALL GLASS SO FT X X 2 L EFFECTIVE EFTECTrvt Room Sims. HEAT ESHF [EN[ HEAT EFFECTIVE ROOM TOTAL HEAT — PARTITION SO F7 X X I FACTOR CtILINa r -So FT X x ADP INDICATED ADP= F SELECTED ADP= F FLCOR SO FT X X DEHUMIDIFIED AIRQUANTITY - INFILTRATION - CFM x x 1.06 Tamp ' RIEsSif (-)---BF) x IT,, c–TAor c) = C INTERNAL NEAT Dimum Err[tirvE ROOM SIMS. NGT PIOPL[ PEOPLE X 2 O 1:08 X 2,0 F Tamp. uu POWER - HP w KW x - OUTLIT Room S[Ms. HEAT LIaHTs WATTS X 3.1 % Dii% =—FIRM-eonar un• 1.08 X Cn DA APPLIANCES. ETC. % - . . ADDITIONAL HEAT GAINS - x SUPPLY AIR QUANTITY SS SUI TOTAL CF LT ROOM SENT. HEAT _ CiMA STOEAGE So FT X X – ) M 1.08 X F SEARS#mn BY SUE TOTAL CFw CFvN Cir DA = CFM EA SAFETY FACTOR RESULTING ENT& LVG CONDITIONS AT APPARATUS ROOM SENSIBLE HEAT o T SUPPLY EDB TOM CFM}CFmoA X ITDA_F–TR■ -E) =TEOR—F .DUCT DUET FAN xuT om %+Lau. Lon %+x. P. OUTDOOR AIR 844. CFM X 10 F x •2 or X 1.08 LDB TAOP—F+—BF X (TIDF­F – TAoP—F) = TLD,—F EFFECTIVE ROOM SENSIBLE HEATS - FROM PSYCH. CHART: TOO c, TLRR_F LATENT HEAT INrILTRATIOM CFM X do/LR x O.a - - NOTES - PEOPLE PEOPLE x STEAM LE/RR X 1 APPLIANCn: ETC. ADDITIONAL HEAT GAINS VAPOR TRANS.. so TT X IM00 x SRN X .SUR TOTAL SAFETY FACTOR R M LATENT NET coo SUPPLY DUCT LEAKAG! LO55 % - OtIvapoont AIR CFM X GRrLR X . or %D.a[ 194— Q• EFFECTIVE ROOM LATENT HEAT EFFECTIVE ROOMTOTAL HEAT OUTDOOR AIR NGT SENSItLE; CrM x lQ F x (1–.Z BF) X 1.02 . Unmr: oom oRn.x .. BF) x o.0 5 03 RETURN R[T0n SUR TOTAL 41 nu Al N TM .1011._M.ONNE .1.. <M 1e4 NeuN .,,.ONCE N NMT LER DUCT DRCY N► DENUM. A NNnn reu,u. MEAT GUN LUN.GAIN +Puo +PIPS Loaf h,N Rvu.O•A nttvN N sUCNea Ne..I.TR LER,LER ur,aT Cn. GRAND TOTAL MEAT 0INN nnuN,R.NR An NIe.Na e,xeunu<n. AIR CONDITIONING LOAD ESTIMATE -- FORM E-20 (3.69) CIJILDINt, DEPT ( i# of JUN 25 9 � H '79 (Our Salem (6reen RECEIVED CITY OF SALEM,MASS. June 22, 1979 SPECIAL PERMIT WETLANDS AND FLOOD HAZARD DISTRICT TAYLOR RENTAL CENTER 283 DERBY STREET SALEM, MASS. 01970 On Thursday, June 21, 1979, the Planning Board of the City of Salem held a public hearing regarding the application of Taylor Rental Center, for a Special Permit under Section P, Wetlands and Flood Hazard Districts, of the Salem Zoning Ordinance, with respect to the construction of a one story commercial building, no basement, at 130'Cana1"St er et, Salem, Massach- usetts. At a regularly scheduled meeting of the Planning Board on June 21, 1979, the Board voted, by a vote of six in favor, none opposed, to approve the application as complying with the requirements for the issuance of the permit with the following condition: 1. The work shall be done in accordance with the site plan prepared by James H. Boulger, Jr. , Architect & Consultant, 150 Washington Street, nSalem, Mass. , entitled Plan No. A3, Rental Center Building, Taylor Rental Center, 130 Canal St. , Salem, Mass. , dated May 21, 1979 and revised June 2, 1979. I hereby certify that a copy of this decision has been filed with the City Clerk, and a copy is on file with the Planning Board. This special permit shall not take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed and no appeal has been filed or that if such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex County Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for recording or regis- tering shall be paid by the owner or applicant. WALTER POWER, III Chairman, Planning Board WP:jar THE =LHONI:EALTH OF MASSACHUSETTS ORDER WETLANDS PROTECTION ACI G.L. C. 131 s.40 FILE NUMBER: 64-47 PROJECT LOCATION` 130 Canal__$t eet Salemy Mass. TO: Taylor Rental Center CERT. KkIL NO: 692634 283 Derby Street, Salem, Mass. 01970 RE: NOTICE OF INTENT AND PLANS DATED: DATE OF RECEIPT BY pppMay r2..��9, u1�9977�9.�7 CONSERVATION COMMISSION: May 319 1979 DATE al ,PNBJ�i -ry /y G: Pursuant to the authority of G.L. C. 131 s.40, the 6aiem Conservation Commission has concidered your notice of intent and plans submitted therewith, and has determined that the area on which the proposed work is to 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 con- formance therewith: CONDITIONS 1. Failure to comply with all condition 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 neces- sity 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. The order may be extended 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 the expiration date of the order or its extension. 5. Any fill used in connection with this project shall be clean fill, contain- ing no trash, refuse, rubbish or debris, including, without limiting the generality of the foregoing, lumber, bricks plaster,wire, lath, paper, card- board, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 6. No work may be commenced untill all appeal periods have elapsed from the or- der of the Conservation Commission or from a final order by the Department r of Natural Resources has elapsed. "Dn CONDITIONS CONTINUED PAGE 2 FILE NO. 64-47 7. No work shall be undertaken untill the final Order, with respect to the �. proposed project, has been recorded in the Registry of Deeds for the dis- trict in which the land is located. Copy to be furnished to issuer of this Order showing book and page. -: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 Natural Resources, File Number 64-47. " `10. Where the Department of Natural Resources is requested to make a determina- tion and to issue a supperceding order, the Conservation Commission shall be the party to all agency proceedings and hearings before the Department of Natural Resources. 11. The work shall conform to the following described plans and additional conditions; The Salem Conservation Commission has determined that the area of the proposed work is within the 100 year flood plan and is therefore subject to the Wetlands Protection Act. It is also determined that the proposed work is significant to storm damage prevention and therefore all work shall be in accordance { with the drawing titled Taylor .Rental Center, 130 Canal Street, Salem, Massachusetts. Plan No. A3, Revised. June 2, 1979 prepared by James H. Boulger, Jr. c ` CONDITIONS CONTINUED PAGE 3 FILE NO. 64-47 The applicant, any person aggrieved by this order, any owner of land abut- ting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to appeal this order to the Department of Natural Resources, provided the request is made in writing and sent by certified mail to the Department of- Natural Resources within ten (10) days from the issuance of this order. ISSUED BY SA1EN1 CONSERVATION COMMISSIO N l On this 9 �7, day of 19 7,�, before me personally appeared o to me known to be the person des ibed/ n add who executed the foregoing• instrument and acknowledged that he executed the same as his free act and deed. My commission expires. = IR t J LDIH(; OCEPT L1 c�Iti21i� �ffle �tiLISE� � j �,�l�ztutittg �Dartl � 19 �4� Qip --5alsm Green JUN AH 179 RECEIVED CITY OF SALEM, P14SS. CITY OF SALEM PLANNING BOARD Will give a Public Hearing to all interested persons on the petition of - Taylor Rental Center, 283 Derby Street, Salem, Massachusetts for a Wetlands/Flood Hazard Special Permit for the construction of a one story commercial building, no basement, at 130 Canal Street, Salem, Massachusetts.. This hearing will be held on Thursday, June 21, 1979, at One Salem Green, 3rd Floor conference room, at 8:15 P.M. WALTER POWER III Chairman June 7 and 14, 1979 CITY OF SALEM, MASSACHUSETTS APPLICATION SPECIAL PERMIT i �t WETLANDS AND FLOOD HAZARD DISTRICTS �, ' \ CIT GLLi, �i 1.1C.E ALEM. MASS. Applicant: Taylor, Rental Center \ Address: 2$3 Derby Street, Salem,, Mass 01970 City Clerk Stamp Telephone: 617-745-3500 Owner: Sterman Realty Trust, Address 256 Atlantic Ave. Marblehead, Mass. , Location of Property 130 - Canal Street, Salem, Mass. , Project Description: One story Commercial Building, no basement. I. It has been determined by the Building Inspector that the above property i . lies in the following area(s) : : A. Wetlands District Wetlands ( ) Buffer Zone ( ) B. Flood Hazard District . Zone A ( ) Zone A3 Zone V3 ( ) II. Information required includes this application and the following additional information (file one copy of everything with the City Clerk and five copies with the Planning Board ; all copies must be stamped by the City Clerk) : A. A site plan at a scale of 1" equals 20' prepared by a registered land surveyor or registered professional engineer and showing at least the following: 1. Lot lines within which the development is proposed and the tie- in to the nearest road intersection; 2. The location, boundaries, and dimensions of each lot in question; 3. Two-foot ..contours of ',the existing and proposed land surface; 4. Location of existing and proposed structures, water-courses, drainage and drainage easements, means of access, utilities, and sewer disposal facilities including leaching fields, if any. Proposed elevations should be noted. 5. Boundaries of all districts, areas and zones as noted in . Section I. B. in the.Wetlands District, a determination by a qualified engineer of the seasonal high water table, performed during the last two weeks of March or the first three weeks of April. A minimum of two percolation tests for each leaching area shall be performed. C. In cases of flood-proofing or pile construction, certification by a registered professional engineer or architect as to the elevation of flood-proofing measures and as to compliance with the applicable sections of the Massachusetts State Building Code concerned with flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood. Where specific methods or techniques have been previously certi- fied, the Planning Board may waive this requirement. D. A list of Federal, State, and other local permits required by the applicant, E. Descriptions relative to all.lconditions applicable in Section III below. IIL Conditions (Complete those sections indicated (x) by the Building Inspector) In the Wetlands and Flood Hazard Districts no structure or building, - including pipes and wells, shall be erected, constructed, substantially improved, enlarged, or otherwise created or moved; 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 condi- tions are found to exist as part of the granting of a Special Permit by the Planning Board (Use additional pages if necessary) : A. All Districts: (X) l. . The proposed use will comply in all respects to the uses and provisions of the underlying _District in which the land is located. Yes X No (X) 2. There is adequate convenience and safety of vehicular and pedes- trian movement within the site, and in relation to adjacent streets and property, particularly in the event of flooding of the lot(s) or adjacent lot(s) caused by either overspill from water bodies or high runoff. The railroad bed is at 15. 55 ft. elev. , -3- (X) 3. Utilities, including gas, electrictity, fuel; water, and sewage disposal, shall be located and constructed so as to protect against breaking, leaking, shortcircuiting, grounding or igniting or any other damage due to flooding. (Provide details) j. Y,es-. Vater to building uaderground and above floor - `< < at ceiling. Interior electricity overhead* gas undergrouadrand rises to outside meter and above floor to . ceiling. lnterior ..sewerage disposal hung - under from structural slap. anal uidergrouad to City manhole. (X) 4: The cumulative effect of the proposed development or use, when combined with all other existing and anticipated development and uses will not obstruct or divert flood flow; substantially reduce natural flood-water storage capacity in the local drainage area; destroy valuable habitat for wildlife including fisheries or shellfisheries; adversely affect groundwater resources or increase storm water run-off velocity so that water levels on other land are substantially raised or the danger from flooding increased. Nond "contemplated B. Wetlands District: ( ) 1. The proposed development or use shall notinclude the storage of salt, chemicals, petroleum products or other conta urinating substances or discharge of any polluting liquids or materials into streams, brooks or wetlands. (The polluting effects of substances on the Wetlands are to be gauged by the "Rules and Regulations for the Establishment of Minimum Water Quality Standards and for the Protection of the Quality and Value of Water Resources" of the Commonwealth of Massachusetts. ) -4- ( ) 2. The floor level of areas to be occupied by human beings as living or work space shall be four (4) feet or more above the seasonal high water table. ( ) 3. ;: If the basement floor level is below the seasonal high water table and affords the possibility of human occupancy at some future date, although not originally intended, adequate perimeter drainage and foundation shall be installed to with- stand the effect of pressure and seepage. Furnace and utilities are to be protected from the effects of leaching. (Provide details) Applies ( ) Does not Apply ( ) ( ) 4. If the lot is to be served by an on lot septic system, the leaching area designed for use, as well as a reserved area for future expansion or total future use, shall be plotted with dimensions on the site plan, and the leaching areas shall not be constructed where the seasonal high water table is less than 4 feet below the bottom of the leaching areas. Applies ( ) See site plan Does not apply ( ) C. Flood Hazard District (all zones) : xv 1. The floor of the basement, or if none, the lowest floor of new construction or substantial improvement of structures for residential uses shall be at or above the 100 year flood level. Yes at . level 13.00 feet 2. The floor of the basement, or if none, the lowest floor of new construction or substantial improvement of structures for non- residential uses shall be at or above the 100 year flood level or the structures shall be flood-proofed to that level in compliance with the applicable requirements of the Massachusetts State Building Code. Flood-proofing measures shall insure that the structure is watertight and that structural components have the capability of resisting.hydrostatic and hydrodynamic loads and the effects of bouyancy. Y"es - Structural slab..anchored to concrete caissons leo bouyancy- is -5- D. Flood Hazard District, Coastal High Hazard Area (Zone V3) : ( ) 1. New structures or substantial improvements shall be located landward of the reach of Mean High Tide. ( ) 2. New structures or substantial improvements shall be elevated on adequately anchored pilings or columns, and securely anchored to such pilings or columns so that the lowest portion of the structural members of the lowest floor (ex- cluding the pilings or columns) is elevated to or above the 100 year flood level. Space below the lowest floor shall be.free of fixed obstruction. (Provide details) ( ) 3. The support of new structures or substantial improvements shall not be, in whole or in part, by the use of fill. (Provide details) IV. Procedure The Planning Board shall, within 7 days after the filing of this application, transmit one copy of said application, plans and all other submitted information to the Inspector of Buildings, City Engineer, Board of Health and Conservation Commission who may, at their discretion, investigate the application and report in writing their recommendation to the Planning Board. The Planning Board shall not take final action on such application until it has received a report thereon from the Inspector of Buildings, City Engineer, Board of Health and Conservation Commission or until thirty-five (35) days have elapsed after dis- tribution of such application without a submission of a report. The Planning Board Shall hold a Public Hearing on said application as soon. as possible after receiving the above reports, in accordance with Chapter 40A of the Massachusetts General Laws. The Planning Board shall notify the applicant in writing of its decision on the special permit. The decision shall document the proposed development or use and the grounds for granting or. refusing the special permit. The -b- Planning Board may, as a condition of approval, require that the appli= cant give effective notice to prospective purchasers, by signs or by recording the special permit at the Registry of Deeds, of the wet- land or flood hazard conditions associated with said premises and the steps undertaken by the petitioner or his successor in title to alleviate the effects of same. Signed Title Date y5. Gl't'I a ui rlyE of 70 FEBRUARY 14, 1979 DECISION ON THE PETITION OF STERMAN REALTY TRUST., MARVIN STERMAN TRUSTEE, CONCERNING PROPERTY LOCATED AT 130 CANAL STREET (INDUSTRIAL DISTRICT) .. A hearing was held on Wednesday, February 14, 1979 with the following members of the Board present: Douglas Hopper, John Nutting, Joseph Piemonte and Arthur LaBrecque. The Chairman, James Boulger, withdrew himself as a voting member and appointed Edward Luzinski as a voting member. Notices for said hearing were sent to the abutters and others and duly published in the Salem Evening News on January 31 and February 7, 1979, in accordance with Mass. General Laws, Chapter 808. Atty. Christopher Plunkett represented the Petitioner before the Board. The Petitioner is seeking relief from land area requirement, frontage requirement, and sideline requirement for the operation of a Taylor Rental business in a building to be constructed, containing 3,280 square feet. The lot in question was laid out by plan dated and recorded June 2, 1943 at which time it met the require- ments of the Industrial Zone. The petitioner is presently located on Derby Street, and wished to move to this location as his present lease expires in 1980. His direct abutters are Coastal Furniture and California Olive Oil, The proposed structure will be a masonry block building, with 64 feet of frontage, 20 parking spaces, and an entrance off Canal Street shared with Coastal Furniture. The Petitioner submitted a plan showing proposed structure on the property. Mr. Donald Michaud, owner of Salem Glass Co. , 75 -Canal Street, appeared in .favor. Joseph Turcotte, R-2 Lafayette Street appeared in favor. There was no opposition. The Board voted unanimously to grant the variance for land area, frontage and sideline requirements as shown on the plan submitted. The Board found that it could grant the variance requested without substantial detriment to the neighbor- hood and without derogating from the intent of the Salem Zoning By-law. VARIANCE GRANTED 'n.✓,"�'•rJ'J,CJ�1�1J.ni n-I.JC:a���n lase hopper APPEAL FROM THIS DECISION, U ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. Dou g ✓ pp GENERAL LAMS, CHAFFER SDS, AND SHALL BE FILED WITHIN 20 DAYS AFTER THE DATE OF FILING Acting Secretary CF .THIS DECIS;00 IN THE GMCE CF THE CITY CLERK. PU3SANT TO CE!IERAL IA':'i S. C)IAPTER 903. SECTION 11. THE VAE!.ANCE CR SPECIAL PERMIT GRAN FED HERON. SHALL NDT 7L:`_ EF [i;T UI:TiL A COPY OF THE DECISION, EFA^I iG THE CERT- FICATION OF THE We CLERa is+Ai 20 OA'S HAVE Mfk;;:') A>,d NC APPEAL HAS BEEN FILED, OR THAT, IF GUCH Ail AP!'EAL HAS BEEN :F HA.S PEEN CI `-:IsSED OR D_R!ED IS - RECCQ.9ED It! THE Jt1TH ESSE% - EE ,. ''ED UNDER THE C'P1NER RE!; .,n'Y ) :;S Ai•: Ii:O E,. THE NAidE CF 11 OF RECORD OR IS RECORDED AND 1`101ED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK, Titu of �ttlPm, massac4usetts public 11rapertg Department Nuilbing Department (One dalem (Breen 500-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 19, 1994 Richard L. Taylor, Secretary Executive Office of Transportation and Construction Ten Park Plaza, Room 3510 Boston, MA 02116-3969 Attention: Property Administrator Dear Mr. Taylor: Mr. Marvin Sterman has requested a permit to build a retaining wall in Salem, Massachusetts. The property for which the permit is requested is located at 130 Canal Street, Salem. In accordance with Massachusetts General Law, Chapter 40, Section 54A, a permit shall not be issued without first obtaining, after a public hearing, the consent in writing to the issuance of such permit from the Secretary of the Executive Office of Transportation and Construction (EOTC) . I hereby request that a public hearing be held for Mr. Sterman to determine whether consent will be granted by EOTC to construct the above within twenty feet (20' ) of railroad property. Sincerely, Leo E. Tremblay Inspector of Buildings LET:bms \transec\ W4 A � ay x Yx '�"$ l5�. 3'd[x�w Yc �%,F'. E � �"-•'R'yfo- ° � 1 �. '\�� �t ' SEA <Ma1 lTtlli�Ti0f4 C1�PANCY ate',--rs. r lam' 4:: .V�wt '(a z,• r� j] J � 4±�'Cg i x s,�� 7 '"t'q, E T 19 P�RM12 N �Al P f f, t�� fL0 lB L t CEHIC , 4'tdr. F�: t,t'YPL:O 1 ,PMOYLML Mi.I,.. WBd'rf 4".. t>wISTIiICT 'jj': - Cs l - - t ACR. 5s sfiti, I�.- i e)AIM V-I; "StS. ro } C } 6 L T �'__j BLOCK: 11 LOT j , s 1- t J! {� yT VW I'D P FT. LONG B`J - FT.INNEIOHT AH SHA G0N0RM}{!1 CON YP UCT ON CA USE GR P 1jBASfMENT WALLA OR FPONDATIOmpki ISL f in 777 'M d 1 �. .1 �R�.Iy-1E 9C�yYI'Rr AREA OR Y' •1 . I .. i w9Y�CIMIEI'A VOLUME ' ,. iYW mum OWNER �"DP irembiayED OR enss.+lsews.�.oR-no.rrss.as'rsbdmaToernoe�s si-rlvan s.nsmo ADORES MA^�_ '•'`gl L�.nden SC• Sa].2mL MA SEEL%E T O DITPONS PREMISES CERTIFICATE F e a c s s i HN a� s rn O y' a jY' ,nEm+- MV_ ♦ f.'JO _ UQ uu �aUniY:•Oc^ y—' c _y._. er5c ,'L^='ti £., m _ 0 A - 'd v .,Ca m 4)v d d cr2.1 tc'1 .�.] C abt obi •Wba we At qQ' + -. -! �Aa a not 2,111 1 +c, .rq i ®fc M U v- _ ra iwa 4 3 s .+'r car►c < i Lil-sQtV = E Erpir IIs rr to VEYY R$YY ,A 6pjiw '1k3 ,Lr M a.. r :s. ,r a. + OV Lf 7p �, r 'C. WnON � 41 �u ... ., qlyM Ca .1a' �x3 . g •. `{'� `'�',. ._vk c_r...._.. �� .__ � � �"+'�mV�C >s� .-.t� Akl .-_ bw ""v+�sly�i�� _ �.._.. ._ _- ... }yf ....y[��T"Y �> _. +.w3LW°V-rS.rti*`a'Fey-aa-aw.¢,nl�yww.,}•�...-s,.gf�Jr.;�p.- y}two h� �� • � 't. �S!�L.,�' �'~ J... sf lr4 y``.. n'��.�..I. F.va-ea i S� � '. .. B.UITLD�ING PERwM 1 T q JOB WEATHER CARD DATE 9/27 0 18 9A PERMIT NO. b5` 4 APPLICANT : iT.'8Ti'i1 j.::'" ADDRESS J! ._`-.I1G:i:.. . V,. 3SA+ti, !'iA 1X0.1 (STREET) (CONTR'S LICENSEI PERMIT TO C..,'`II (_) STORY :"s--i._:i- NUMBEROF NG UNITS I TYPE OF IMPROVEMENTI NO. (PROPOSED USE( NO AT (LOCATION) - ZONI CT 1N0.)v (STREEYI BETWEEN AND (CROS- STREET) (CROSS STREET) LOT SUBDIVISION LOT BLOCK SIZE BUILDING IS TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SMALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS: call for Permit to Occupy 2REA OR p PERMIT GLUME ESTIMATED COST $ FEE S CUBIC/SQUARE IEETI OWNER ! . ADDRESS 4 Li",111 "" ' •" "' BUILDING DEPT. BY THIS PERMIT CONVEYS NO RIGMI TO OCCUPY ANY STREET, ALLEY OR SIDEWALK OR ANY PART THEREOF. EITHER TEMPORARILY OR PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY. NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE, MUST BE AP- PROVED BY THE JURISDICTION, STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONCITION3 OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL [FINAL ROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLK 4B LE SEPARATE INSPECTIONS REQUIRED FAR D KEPT POSTED UNTIL FINAL INSPECTION MAS BEEN PERMITS ARE REQUIRED FOR ALL CONSTRUCTION WORK: ELEC TRIC4L, PLUMBING AND I. FOUNDATIONS OR FOOTINGS. E. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS. 1. PRIOR TO COVERING STRUCTURALRED,SUCH BUILDING SHALLNOT BE OCCUPIED UNTIL MEMBERSIREADY TO LATH). INSPECTION HAS BEEN MADE. S. FINAL INSPECTION BEFORE OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS ' K 07/1 : j` Z z Cl - 7Z47-9 V U � BOARD OF HEALTH GAS INSPECTION APPROVALS FIRE DEPT. INSPECTING APPROVALS gy OR s b l OTHER CITU ENGINEER y ^� Z WORK SMALL NOT PIWCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARD INSPECTOR HAS APPROVED THE VARIOUS WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE CAN BE ARRANGED FOR BY TELEPHONE STAGES OF CONSTRUCTION. PERMIT IS ISSUED AS NOTED ABOVE. OR WRITTEN NOTIFICATION. (fit '.STATUTE FORM - .. s Marvin Sterman and Shirley N. Sterman TO: arvin Sterman, Trustee Sterman Realty Trust 256 Atlantic Avenue .Marblehead, Mass. 01945 Dated, 19 19_ at o'clgek minutes- m. REGi� , Received an#,eptT REGISl{4 N0C. " Deeds —01CL Book per. e 1 PAG_——G Attest: ,YTEST: �.Gl rvm1 jy ) REGISTER OF Cit FORM 1282 E. � > E z PLUNKETT CHEW w i,.,. ORN S�.AT LAW � $ f - 208 SEX'BTREET RB -QUARE . . ,..i . ...,.. . SACN S-01970 SALE AS i #15.414 BK6540 PG665 Executed as a sealed instrument this ? U of Nov er 19 78 Marvin Sterman `= snirleV N. Sterman the f�onunonwettltlt u��>�tt�¢f� Essex, November Zd 1978 Then personally appeared the above named Marvin Sterman and Shirley N. Sterman and acknowledged the foregoing instrument to be their free act deed, before Notary Public My commission ex es 19 J. ALAN CHEW Notary Public My commission expires January 9, 1981 ESSEX SS. RECORDED &)mIe'A( .1978_.. LM. PAST_4-- 6M. INST, j )6S—' LP ._. ,. .. .. ..fie... ...-. -,,.. , . ,•... .. . . a :,..1� s. BK6540 PG684 . 'WEj MARVIN STERMAN and SHIRLEY N. STERMAN, husband and wife as tenants '.., by the entirety, , both N c rn 0 of Marblehead Essex County, Massachusetts, N N Vfor the full consideration of One Dollar---------------------r paid ro : v , a ` grantto Marvin Sterman, . Trustee of STERMAN REALTY TRUST under a Declaration of Trust dated November 20, 1978 to be recorded herewith of 256 Atlantic Avenue, Marblehead.' Essex -County, Massachusett's ` c h 0 4 with qultrlatm rnaruaats thT&&xat#x q 4-3 Ln m r-i N A certain parcel of land, with the buildings thereof- situated� in Salem Essex County, Commonwealth of Massachusetts, bounded and desdribed as a follows : - a Beginning at the southeasterly corner of the lot herein conveyed at land formerly of .Curtis and tannin w W ., - SOUTHWESTERLY by .said land formerly of _,Curtis,,;: one hundred:_,seventy one and 86/100 (1771-:86) feet -tb' land;-of the, Boston.'& 1 Main Railroad; thence running N&THERLY by land of said Railroad seventy three and +72/100 (73,72) feet to land now or formerly belonging. .to Julius Polansky et al at a point which is on . the' center line of a common way twenty (20) feet in ,wdth; thence running ' NORTHEASTERLY by the center line of said twenty (20) foot way one hundred fifty six and 16/100 (156.16) feet to a point on the westerly line of Canal Street, thence running SOUTHERLY by Canal Street seventy and 65/100 (70 .65) feet to the point of beginning. Containing 11, 617 square feet and being shown as Lot A on a plan hereinafter mentioned. Together .;with a right��of way, ten (lOJMeetrin width over theXnorh rly r half-of-•said common way;" and—sub7ect to -arid• with -the zbenefit of aright of way over a ten (10) foot strip on the southerly side of the center 'line of said way. All as shown on a plan of land of Julius .Polansky awith qutYrluYut rnnenaaYs tffisiauaI - - — m LO `4 A certain parcel of land, with the buildings thereof situated in Salem wEssex County, Commonwealth of Massachusetts, bounded and described as a follows: a a Beginning at the southeasterly corner of the lot%_`' w herein conveyed at land formerly of .Curtis and rennin w SOUTHWESTERLY by .said land formerly of-Curtis, one hundred -seventy one and 86/100 (1'71.86) `feet to land, of the Boston& Main Railroad; thence running NORTHERLY by land of said Railroad seventy three and 72/100 (73.721 feet to land now or formerly belonging to Julius Polansky et al at a point which is on the center line of a common way twenty (20) feet in width; thence running NORTHEASTERLY by the center line of said twenty (20) foot way one hundred fifty six and 16/100 (156.16) feet to a point on the "westerly line 'of `Canal`Street; `thence running% SOUTHERLY by Canal Street seventy and 65/100 : (70.65) feet to the Point of beginning. Containing 11, .617 square feet and being shown as Lot A on a plan hereinafter mentioned. .Together rwith a right of way ten (10). ,feet ,in vidth over the noz erl half of -said common way; , and subject tc, and w� th the benefit orfa itght of way over a ten (10) foot strip on the southerly side of the center line of said way. All as shown on a plan of land of Julius Polansky and Hyman Freedberg in Salem, Massachusetts dated April, 1943, Thomas 'A. Appleton, Civil Engineer, recorded in Essex South District Registry, of Deeds, Book 3331, Page 491. Said premises are conveyed subject to a mortgage to the Salem Five Cents Savings Bank dated November 15, 1978 to be recorded herewith, in the amount of $41,000 .00 . For title, see deed of The Salem Glass Co. to be recorded herewith. i i � 1 , a (>T.P.CI,LlIlkPi C� '�.LCPi Q�i ..l KZL1fLOJ�GZ<<CC7/'L G� �l>Q/?dtl,(CCCLOI"L } / .AJa�/aio. .,lZ/ /'OJ/6'-396'9 ��rit(vnllie/�,;:¢vivr e. ✓4,/U !e 973 - 700C . .�7-0-q /6171J.9 7,Y - 7306 (1677�.i.:3 -6:45.4 /.�trPlaw,/ NOTICE January 27 , L992 :Aar Sir/Madam: It has come to my attention that several instances have arisen where building permits have been issued by local building officials in violation of Massachusetts General Laws , Chapter 40, Section 54A. This Law, enacted in 1973 by the G?neral Court, re,quirPs that a city or town must obtain the consent of the SPcr-nary of the Executive Office of Transportation and Construction ( EOTC) prior to the issuance of a building permit Eor any structure on lands formerly used as a railroad right of way or lands appurtenant thereto formerly used by any railroad company in the Commonwealth. I have enclosed a copy of this law Eor ,our information and review. "he purpose of this statute is to preserve railroad rights )f way and appurtenant railroad property in the Commonwealth for orese,nt and future transportation use. As the executive officer responsible for comprehensive planning in the fields of transoortation and construction, I have an obligation under the statute to protect former railroad property and continuous railroad rights of way where that property has significant value to the Local and/or regional transportation system. This Office reviews Pach request on a case by case basis . All requests for consent to build should be submitted to this Office in accordance with the enclosed procedures . Failure to ; adhere to the administrative procedures outlined within the .atatute may result in potential civil Litigation against you by the Commonwealth and/or the property owner . We suggest that any questions concerning the past or present usage of land by 2 railroad company or Land appurtenant thereto be referred to thi: Office Eor review. If a public hearing is required, pursuant t the statute , our final decision will be issued to you for yoc appropriate, action and files . i� Executive Office of Transportation and Construction Massachusetts General Law, Chapter 40, Section 54A Statement of Procedures 1. All requests for permission to build must be submitted to the Executive Office of Transportation and Construction (EOTC) from the building inspector of the city or town in which the proposed construction will take place. 2. All requests should be addressed to: Mr. Richard L. Taylor, Secretary The Commonwealth of Massachusetts Executive office of Transportation and Construction 10 Park Plaza. Room 3510 Boston, Massachusetts, 02116-3969 Attn: Property Administrator 3 . The following information should be submitted with a completed M.G. L. Chapter 40, Section 54A Application form: (a) a letter from the building inspector, requesting a hearing (see attached sample letter) (b) a signed property deed with corresponding plot plan (c) a copy of the deed out from the railroad (d) a plan of the parcel on which the construction will take place, showing the location of the proposed building and the railroad property line boundaries (e) a map of the city, town, or surrounding area showing the location of the property in question. 4 . Upon receipt of the completed application package, EOTC will conduct a review of the proposal, which will last approximately four weeks. 5. When the EOTC review is complete, a date will be set for the public hearing. The applicant will be responsible for advertising the hearing in a local newspaper (one which circulates in the municipality in which the construction will take place) for three consecutive weeks prior to the hearing date. EOTC will provide a sample hearing notice. 6. After the public hearing, EOTC will review all comments submitted and will send a decision letter to the building inspector. A copy will be sent to the applicant. Any questions regarding this matter should be directed to the EOTC Property Administrator at (617) 973-7013 , 10 Park Plaza, Room 3510, Boston, Massachusetts, 02116-3969. Building Inspector Letter NOTE: This letter should be re-typed on City or Town letterhead. Missing information should be supplied. The letter should be signed by the Building Inspector. Richard L. Taylor, Secretary Executive Office of Transportation and Construction Ten Park Plaza, Room 3510 Boston, MA 02116-3969 Attn: Property Administrator Dear Secretary Taylor: n'1 e. SfiRm4� wart (NAME) has requestediR WN permit to build (DESCRIPTION OF PROPOSED in ITYT , Massachusetts. The property for which the permit is requested is located CIVF. PR PERTY L ATI N . � .5 w� In accordance with Massachusetts General Law, Chapter 40, Section 54A, a permit shall not be issued without first obtaining, after a public hearing, the consent in writing to the issuance of such permit from the Secretary of the Executive Office of Transportation and Construction (EOTC). rnp. �T4A v4'u I hereby request that a public hearing be held for (NAME) to determine whether consent will be granted by EOTC to construct the above W /T!1 , ru TN/.e-r�T�t �,e_e'T Cab �) ati QZ{�� �^ui+ &(Z,0jxe.q,v j. Building Inspector ITE = =0 : 54A M.G.L. , CHAPTER 40, SECTION 54A, APPLICATION ( PLEASE 77PE CR PEINTI I�ctcac�t^ =er` sc : . Addre�=s c= ContactPerson : 11l111rorY l �11��1 3 \ Pfl� W Phone `lumber : 50f51 7(1C- (r)q�7 Cb�P�or�Cl r(la 019,`Z- 9uildinq :nscectcr Cr Cit.:/ 4 . Address of 9uildina Town Off` cial: Inspector: Phone Number : (66b) °g5% 9555=k'tr•39'd _S.Q�v.s>7 lna. 0iS 7Q � . Name of Present Prooert:; 6 . Address of Prcterty Owner: Owner : wner : 1 I "1c�UUl�1 a�Y1in�(� Y an 'lame Of AopiiCant : 8 . Address of Aopiicant: nlark�clPl-x�nc� ° • ?ronert y _ocatici cn (CityiTown) 13� Canal , Sa m 0 . Type of Construct_cn: 11. Total 'lumber of Structures to be Constructed : Twm 1)P T-1 b .e 'Jse ( ccm. , res . . _.._. I 4M M_04 roger^ .s : 13 . ?racer=,; .s adiacent to: (Check N/A, :f not applicable) on a railroad corridor an abandoned railroad adjacent to a railroad . line corridor y an active railroad lire includes :and ;:oth adiacent to a corridor and on a N/A corridor Distance from prcpertl• If cropertp _s adjacent to the boundary line to nearest railroad ccrr.dar , please track indicate acprcx.-ate distance from ( former) railroad cropert;, t boundary :._ne to the croposed structure Iccf h --- (4 lA NI --,T\ F4- J =0 : .4A - � . •idth of Corr'idcr: _otal Parcel ..rea :acludinc Former Rail_oad :_ terty: v\UW � lei In � 0 .r� Aoorcxi^ate =.rea c= Former Railroad ?ropert;' : 4osz-� efh�c� Iz _6 . City/Town Parcel .dent• f; - 17 . Former Railroad Cwner: cat-on Number Lot s Ma w�n 'S�efVnar Reference: 19 . approximate ate of Railroad :9 . mate of Present Cwner -ispcsition : Accua.sition: J . =lease note that the '"..G.l. , Ch. 40 , Sec. ?4A decision letter will be forwarded to the City/Tcwn building :nspectcr. If the applicant wishes to receive a copy of the letter cr would like a ccov of the letter sent to anv ether :erson (s) , please indicate name and address telow. Friar ':ame Signature Date �� 16FA rR ❑ ry'tt 1�1 68 Cso` Ott` Z0� . q01 5� 25 Vis^ l p Ot, 101 OC y14 N" r� s i gn I 1 ✓/ Ott L7,t� r I g y I I o1 t 3� t s LC " ,r.X Sad I + ". ��! I ^�:j 1� I ♦r : lal • �" S� fir. J 1 a IC y.y k 1 O♦ ° a V l,i r y . ��Y F gq 00.w is � � V , Sty - ry •• ';' . ` s k �� {, . I t g �1 3 X . : fp Building Inspector Letter NOTE: This letter should be re-typed on City or Town letterhead. Missing information should be supplied. The letter should be signed by the Building Inspector. Richard L. Taylor, Secretary Executive Office of Transportation and Construction Ten Park Plaza. Room 3510 Boston, MA 02116-3969 Attn: Property Administrator Dear Secretary Taylor: SA1�1 n'! R. 9IcRyn4rJ /� (2�Ta�N�JS ester! (NAME) has requested a permit to build (DESCRIPTION OF PROPOSED 1 in (CITY R T WN , Massachusetts. The property for which the permit is requested is located (CIVF. PROPERTY LQS TION). �, 7 In accordance with Massachusetts General Law, Chapter 40, Section 54A, a permit shall not be issued without first obtaining, after a public hearing, the consent in writing to the issuance of such permit from the Secretary of the Executive Office of Transportation and Construction (EOTC). I hereby request that a public hearing be held for (NAME) to determine whether consent will be granted by EOTC to construct the above W iTGI „✓ �.✓¢ 7Ty ��eT �a0 ) vi"- w � ?�Lul'o�v Building Inspector M.G.L. , CHAPTER 40, SECTION 54A, APPLICATION ( ?LEASE '77PE CR PR=) oncact ?ersc _ . Addre=s cf Contact =erson: ?hone Numr,er : ;50fSI `7US- (,q rl M HPv-1n(,\sA : mom .019\i wilding :nseectcr cr Cityl 3 . Address of 9uild4nc Town Off` cial: 1 ?nspec cr: �nnrafYY) r11Q1i / . Il�vm lT9lon r� Phone Number: (66�) Ws;-. 5Z5= 00R SA/gtyl /Y>a. ( 19 7 0 � • Name of Present =ropert., 5 . Address of =rc=ert.: Owner: Owner: 1 c ':ane of Aooiicant : 8 . Address of Applicant: '�lark�IPhon� C�1a . �la�S ° • ?ronert, _acat:cn (City/Tcwn) 13p �(��� � � . J�10M , 10 . Type of Construc-• cn: 11 . Total Number of Structures to be Constructed: 127,4_ 5��1 P00I � i t�,JC • TWA, /fin /1nT/ a/1 .4 :se (cc.m. , res . . 13 . Proper=t .s adjacent to: (Check N/A, -f not applicable) on a railroad ccrr_dor an abandoned railroad adjacent to a railroad line corridor V an acti:•e railroad lire includes land ::oth adjacent to a corridor --no on a N/A corridor Distance from prooerv; rf property :s adjacent to the boundary Line to nearest railrcad acrr_dor, please track indicate acprox:r..ate distance 5-C. t � from ( Former) =ai '_rcad crccert•. t boundary line to the proposed structure =4A 4 . 'idt o� Corridcr : =tai Parcel ..rea :ncludinc Former RaiL-cad :_ cert-: Lo rIL Aoorcxi^ate _-ea c: Foprmer Railroad Prozert_, : -6 . Cit:,/Town Parcel .dent- 'i- 17 . Former Railroad Cwner: cation Number Lot --i Reference: c .9 , approximate ate of Rai '_rcad _9 . --ate of Present Cwner Cisccsition : Accua.sition. C� I L9 94 -� . -lease note _hat the '"..G. . , Ch. 40 , Sec. .4A deersion letter will be forwarded to .he it.:/Tcwn =uildinq '_nsoectcr. Tf the applicant wishes to receive a cony c the letter or would like a ccoy of the letter sent to any ether person (s) , =lease indicate name and address telow: Pr:nt �:ame Signature Date HASSACHIISETTS GENERAL LM, CH"TER 40 PERWIS FOR CONSTRUCTION ON RAILROAD RIGHTS OF—WAY (;option edttarI Uu SUPPi ed 3 54A. State consent to issuance of permits to Purchaser required: damages in absence thereof If a city or town or any other person purchases any Janda formerly used as a railroad nghtof-way or any property appurtenant therein formerly used by any railroad comPy'Y in the cOMMO. lwealth- no permit to build a structure of any kind on land so PuMh3- shall issued by any city or town in the commonwealth without first obtaintitga after public hesmg. the consent in writing to the issuance of such permit from the secretary of the executive office of Uansportation and coescmc- uon. If said secretary does not consent to the issuance of sash - the owner of the land may recover from the commonwealth suchh damam• ages as would be awarded under the Provision at chapter seventy-mne- 4otwtutstanamg the provisions of the second sentence of the fore- zotng Paragraph. there snail be no recovery from tae commonwealth in damages under said sentence by sn owner of such land pumnased after January first nineteen hundred and seventy-six- Added by SL1973. C. 963. .�rnended by SL1975. c. 659. 5 18A. 11istdncat Note SL39T3, c J63. Wu aoeroree Oct "J'. St1973.Jan. 9.6.5 18A. an 3976. addedeuuynsemrN SCL 1973. F:men[ener decurauon or Ne l:o•er pang"pit. not Was Wed Nov. J0. 1973. Ubm" Refetenesa Polies Power.budding codes see Railroads.ant voL 18. Randall and Frinalm. 5 581. Cj J. Radnoaoa i 117. CammMa. Rssuteuona on land use. res neer. How a statin a uut. rantoad ngntal• conawC wn on ndtoad _°A. Pere. .ar. see M.PS. vol. 18. Pare. 5 138. I r �. 1 ,, ;.— The Commonwealth of Massachusetts � �. �� ,1�� Department of Public Safety F', ��,�..� \1.i...�ihu.rU.til.ilr Buddin�;C udr 178U C\IR)ti�crnfh Editiun City of Salem Buildin Permit A lication for an Buildin other than a 1- or 2-Famil Dwellin (This�tiunFuruffici.ilU.rOnlv) - q 13uJdinti Prnnil Vumbrr. D.ite Applird: Bwlding Insprctur: 1 SECf10N l: LOCATION IPlease indicate Blotk M and Lot M for locatione for which a strcet addrese is not available) 1 �,1 ,3o c�n•�c� ssz��T' s9�e�r �r.¢ a,.T o . s oi ru� . �� \1�. .ind Strret Ci��• /To�an Zip Cude Name of Buildinq(iF applicablr) SECitON 2: OPOSED WORK y If Nrw Cunstructiun check hrm � ��r chrck all that apply in the twu rows brluw , , E�isting Building Rrpair O Altrratiun ❑ Additiun ❑ Drmolitiun � (Please fill out and submit Apprndix 1) � Change uf Use ❑ Change uf Occupancy ❑ Other ❑ Specify: Are building plans and/ur cunstructiun documrnts bring supplied as part uf this permit applicatiun? Yes No ❑ / Is an Independent Structural Hnginrerin� Perr Review rrquired? � Yes ❑ Nq �� � Bricf Descriptiun�uf Pruposrd Wurk: /�/� X° 32� � �.�ILSUL9i'EY� S/�i9lc` /y=ft f1�� (�L�irf F,t/ST/.U( �rl.r�'� �nuwiQBTlt� SEC770N 3:COMPLETE THIS SECI70N IF EXISTING BUICDING UNDERGOING RENOVATION,ADDITION,OR � CHANGE IN USE OR OCCUPANCY - Check here if an Existing Building Evaluation is enclosed (See 780 CMR 3402.0) O � Existing Use Group(s): _ I�9 Proposed Use Group(s): Existing Hazard Index 780 CMR 34: Proposed Hazard Index 780 C R 34: � SECTION 4: BUILDING HEIGHT AND AREA Existing Proposed � fVu uf Fluors/Stories(include basement levels)&Area Per Floor(sq. ft.) � 5��� "?�.S � � Total Area(sy. ft.)and Total Height(ft.) 3S S / � /V� � SECfION 5:USE GROUP(Check ae ap licable) A: Assembly A-1 ❑ A-2r ❑ A-2nc❑ A-3 O � A-0❑ A•5❑ B: Busineea ❑ E: Educational ❑ F: Facto F-1 ❑ F2❑ H: Hi Hazard H-1 ❑ H-2❑ H-3 ❑ H-4 ❑ H-5❑ I: Institutional I-1 ❑ f-2 O 1-J❑ I-4 O M: Mercantile R: Residential R-l❑ R-2 ❑ R-3 ❑ R-d❑ S: Stonge S 1 ❑ 5-2 O U: Utility❑ Special Use 0 and please describe beluw: Special Use: - SECTION 6:CONSTRUCTION TYPE(Check as a licable) IA ❑ IB ❑ � IIA O IIB ❑ IIIA ❑ IIIB O IV ❑ VA O VB � � SECTION 7:SITE INFORMATION frefer to 780 CV1R ll lA for details on each item) , Water Suppyp: Flood Zone Infortnation: Sewage Disposal� Trench Pe it: - Debris Removal: Public :\ Irench w� .nnt be Licensrd Diepu.al tiitr � C hcck il��ul.idr Flu�rd Zuni•❑ Indic.ilr municif,,il � . reyuired urtrench ��r.pecilt': I na.ilc ❑ ��r u�dcntile Zuna:_ ur��n.itr.e.trm ❑ },rrmil is cndusrd ❑ Railroad rigMt-of-wa Hazards to Air Navigation: \I.\ I li.l��n:t�„n,ini.,i��n It�•��,��, f'���„•.�y. \��[ :\F�F�hral�le I.tilruit�n�c�cilhui .iir�,nrt.i�+ i.idi.irr,i' I. lhcirre��ir�ccnmF.lcicd.' �ry ��r l�„n.rnl t�� Rinld rnrli�.cd � Yc. O ur .\��� 1"r. ❑ \�� ❑ SECTION &CONTENT OF CERTIFICATE OF OCCUPANCY � I[.1iWm ��I( ndc:� ' i Cruup�.�: i�F�c�dCnn.truiliun: l)ccuF+ant Lnad ��rr PL�nr I)��r. Ihvl,uddin�;:nni,un,intiF,rinklcrtic.tcin.': tipccialtiliF�ulatiimc: .-A . . ' t ' SECiION 9: PROPERTY OWNER AUTHORIZATION . mc.�n.i i\ddre:s�H Pn�per v Ownrr . . � [�.ru /3o GiN9c. c�sf .S� /�ff' v� Vamr U'nntl Nu.and tilrert Cih•/iuwn � Gp P u�,crt�' lTcn r(�o t.ut Inl��rmalion: �'�� - -�s 6 _ . �s�z��rr��s�i�goc. . � � - q�---�-� — — Title Trlrph�+nr Nu. Ibu.mr��) TrleE�hunr N��. (cell) r-mad addre.+ If ,pli.ablr. thr �ruperte���rnir hr rbV.���thurizrs y/J...'/��U(/ddr� �Q ��� �'/�S3 . STOKIC� S/�/�L� �i/[�/.v(r C/�s' < E. TAu�1T/�a/ t�.� � V, r ��/dC.� �U�(� Strcrt Addrr.s Cilv/T�nvn Slalr Z� tu.irt�m thr �ru�rrl����lcnrr'.brh,ilf, in.il .ittrrs n•I,vire tu wurk oulhurizrd bv this bu�ldin • �rrmif a > >lic.vion. � SECTION I0:CONSTRUCTION CONTROL IPlease fill out Appendix 2) (It buiWin�is Iess lhan 3i.U1Nl:u. ft ul enduvd s+ace and/or nut und.•r C.mstructi�>n G�nlrul then check h<re O and ski Sce�iun IU.II 10.1 Re istered Professional Res onsible for Constniction Control � Y Namr(Rrgistrant) Telrphone Nu. e-mail:iddrrss Registration Number ; Strcet Address City/Tuwn SWte Zip Dixipiine Expiration Date � 10.2 General Contractor �'�•'�r `/�i''t!/[-17/AlG- G^.21' � - Cumpany Name: ,f /� � G.��5��� �n£�-sni' � I//(.._YN.Li � . Namr.�f Person Res�ms� r fur Construcliun License No. andType if Applicab e ,a. z o ,�Aci Tr�,JTaN � Street Address - � City/Town �jate Zip -Fj�'� '7�'�7'7 J��=�` ��— J��� �. Sf�CC.gL+�C � (J�ti� T—�r ZI i Tele hone No. (business) Tele hone No. (cell) � rmail address SECI70N 11:WORKERS'COWQ'ENSATION INSURANCE AFFIDAVIT(M.G.L.e.152. 25C(6)) � A Workers'Compensation Insurance Affidavit from the MA Department of Industrial Accidents must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. . - , Is a si ned Affidavit submitted with this a lication? Yee O No O SECTION 12:CONSTRUCTION COSTS AND PERMIT FEE � Item Estimated Cqsts: (Labor i' and Materials) Tutal Construction Cost(from Rem 6)_$ .� O,°�' 1. Building $ �� Building Permit Fee=Total Construction Cost x_(Insert here . � 2. Electrical S �. appropriate municipal factor) _$ 3. Plumbing 5 ,�' � 4. Mechanical (HVAC) $ � � Note: Minimum fee=�(contact municipality) 5. Mechanical (Other) S Enclose check payable to � U�� . 6.Tutal Cust 8�S��U,°� (contact munici alit )and write che number hrre �I SECi10N 13:SICNATURE OF BUILDINC PERMIT APPLICANT � �'�, l3v enterin�my namr brluw, I hrrrby attrst undrr the F�ains and E�enalties uf F�rrjury that all uf the informatiun cunLiined in this I� applic.iliun i.trurand.ucur,itr t�� the b st oi my knu�vlyd�;e�nd underelandin�;. �j(JS' 8.�,�''7'77� '- ��- 1 Gw�i i A f �!- ����� �PiJG� g�"�U S �j5//JgS��fl/F�� � - � �•.i.�� pruit.�nd .i};n neme �iidr /7tTZEGTO�^TrlcF�hunr . n. U,it• d ,e�x, Z �. . � �` — d� ytrerl :\d.f .+ Lltt"iT�iwn �tate Z f� d I �tunicipal hispector to ' out this section pon application approvaL• �S ' V - \',�mr 7.i te ���—�f�l"y� roGr�,"' t�S . °—/P/.�ilc.a lon� ����� ° Buy the BEST and be SATISFIED bldgs P. o.BoX zs3 E.Taunton,MA 02718 Tel: 508-823-7777 Fax: 508-823-2222 FINAL CONSTRUCTION CONTROL AFFIDAVIT M�rac r�ui�niivGsr�ucrur.� l'raie�t Na, ; �1OD20 f��� •T � 2�F �— I 1 !'roiect Ttle ; North Shcr e Cruit l3asket Ccrn�any �'roje�t Gocaticr�r ; l30 Canal St, Salem, Ma, Nature off'roie�t ; Mc�all3uildinq SEucture`Idd'r�i�cr��xistinq�cunda�i�r Scone f�r Cer�ifi�afi of Occupanc�; !'ermanen� Occu�an�� I, Richard K. Thomas P.E. being a Massachusetts Registered Professional Engineer, hereby certify that I or my authorized representative have reviewed shop drawings, samples and other submittals for conformance with the design concept; reviewed and approved quality control procedures for code required controlled material; and made periodic visits to become generally familiar with the progress and quality of the metal building structure and foundation construction and to determine , in general, if the work was being performed in accordance with the construction documents. To the best of my knowledge, information and belief, the wark has been done in accordance with the permit, a�proved plans, provisions of the Massachusetts State Building Code 7` edition, and applicable local, state and federal ordinances. ����Of �7qs`�C S� HICHARD y� g K. � � � � TH!7t�iAS � No.3�564 C' d'9o,�.f,'PEClST ER�``c��F.F,� SSIONA't �`�% Signature ----� �-� /�� Zqlo QUALITY Remains Long After PRICE is FORGOTTEN OVER A HALF CENTURY OF EXPERIENCE CODE REVI EW Based on Massachusetts State Bldg. Code 7th Edition LOADS: BUILDING USE GROUP: M, RENOVATION OF 353 SF (6.4%) SNOW : 45 PSF GROUND SNOW LOAD HAZARD INDEX N0. 3 WIND: 110 MPH EXIST. METAL � TYPE OF CONSTRUCTION V—B COLLATERAL• 5 PSF BLDG. I BUILDING IS NOT SPRINKLED 5200 S.f. TOTAL ACTUAL SQUARE FOOTAGE 5553 ONE .STORY SEISMIC: IN ACCORDANCE WITH I.B. C. 2009 CLASS C CODE LIMITS: M , V—B 9000 SF 1 STORY 40FT MAX HEIGHT INSULATION REQUIREMENTS BUILDING AREA AND STORIES ARE LESS THAN ALLOWABLE. RENOVATION i DOES NOT CHANGE FOOTPRINT ROOF R-19 WINDOWS U=.39 SHGC=.60 ;` REQUIRED FIRE RESISTANCE RATING FOR TYPE V- B wa��s R-13 j LOAD BEARING WALLS 0 HR E STRUCTURAL BEAMS AND COLUMNS 0 HR FLOOR CONSTRUCTION INCLUDING BEA,MS 0 HR RENOVATION � 353 s.f. � ; , , . 4 CANAL ST. ENDWALL AT FRAME LINE 1 ENDWALL COLUMNS � LOCUS PLAN PART MAARK LOCATION LENGTH DESCRIPTION TOP OF COL ` BASE OF COL GIRT TO COL EC1R; 1 1 9' 4- 3/16 doubleC8 DT12E DT12F DT48A IC21 2 varies C8 DT36D DT28F DT50A , EC1L 1 3 9' 4- 3/16 C8 DT12E DT12F DT48A � O � PART LAP TOWARD LAP TOWARD fI EXIST. BLDG. , 3�0 Q7Y MARK DESCRIP LENGTH LINE#: 1 LINE#: 3 6�� 10'6 4 DB3 CAB 25 11'3-1/4 EC1R 1 4 PI�t1 8Z2.5-16 14' 9 1 (1) I EC1R 1 D023A FD025 26 �GA. PBR METAL LL I RO�OF PANEL 077A FD001 4 PF23 SZ2.5-16 14'9 1 (1) (� REG 8 1 (1) O O O O V O �� 1 E�1 8 ES 14 13' 6 R-19 ROO(F INSULATION 8" 1 ES2 8 ES 14 �0' 6 . • 1.00/12 DT36C IC2 1 e 077A FD001 O , . 1 E�3 8 ES 14 13'6 . DT36A �qKE ANGL RAKE ANGLE DT36A REG 7 ' L1 1 Eu�'4 8 ES 14 10'6 014A FD001 IC2 1 IC2 1 IC21 IC21 REG 7 PART � � - ___ . _ o �� LAP TOWARD LAP TOWARD QTY MARK DESCRIP LENGTH LINE #: 1 LINE #: 3 � � HD1 HD1 HID2 HD1 HD1 � IC2 1 014A• F ' FD001 O � • 1 GT2 8Z2.5-16 11' 9 1 (1) ` � ' � � c� cD � L1 = 1 GT2 8Z2.5-16 11' 9 1 (1) 1 (1) - � �n � � m � � m v cc m v co � f PR1 c � 1 GT3 8Z2.5-16 11' 9 � ��� _ _ _. —_ __. . SL1 -� L � �� � - �� 1 GF7 8Z2.5-16 2' 9- 1/4 1 (1) � FO 4' 0 FO 4' 0 F 3' 0 , FO 4' 0 4 � IC21 FD014A FD001 O 1 GF8 8Z2.5-16 4' 6- 1/4 1 (1) 1 (1) BASE SUP � , , FO 4 0 o�aa FD001 � 2 JB5 8C2.5-12 4�-11" 1 (1) L5X2X14 L1 REG 4 1 HD1 8C2.5-12 3'11- 1/2 � (�) �0 1 SL1 8C2.5-16 3'11- 1/?_ 1 (1) 6' 0 2f,1' � " 6' 0 I 077A FD001 3�, � » N IC21 � REG 4 m O ' � ron�t View o��a FD001 � REG 3 ' L1 Q EC1L 1 D023A EC1L 1 FDo25 O 6» 5/8" DIA. �7" � �.0 O O 2 � EXIST. 10" WALL ��:r•a'n• �y� °, �H oF � O O HILTI TYPIE EXP. ANCHORS . p" ,^ : ±_ , �q �.;.� ��g.� s9c Plan View � � 1 1 � ' � � �. o'�.' � RICKARD y4� .3�—O�� I I 3'_O" �. . ' . .' ,:.CS � THOMAS y No.30564 I � Ci'�/�/ld. A��'OFS/ONTEB�G���4.`��. 26 GA. PBA METAL � ` -' , ±'f�r l � WALL PANEL � /o GF7 Hp� HD1 �F� 5 PA C E m a u a i � t y C❑ L, ATTACHMENT DE�AIL b � d s speedeconomy � � EMAIL: SPACEBLDGS.COIU o c° � < < o `� m � � m m � m `� 412 RICHMOND ST.— EAST TAUNT0��1, MA 02718 -�. � -, -, FAX 508-823-2222 TEL 508 -823-7777 L5X2X14 3' 0 4' 0 4' 0 3' 0 L5X2X14 ! BASE SUPPORT BASE SUPPORT ISSUE DATE BUILDER: S P A C E � I � S SCALE: 3/16"=1'-0" 11 �—O'� ���—O�� NO REVISION DATE DRAWN BY: RKT - � PERMIT PRO,IECT: NOI�II SIlO�e FfUlt BBSIC@t C0. DATE DRAWN: 09/Ot/10 SIDEWALL AT E SIDEWALL AT A 2 CHECKED BY: DS ' N � I I � R l� � N �S T R U C T I O N � 3 LOCATION: �3O CB�aI St�@2t DRAWING NUMBER , ESTIMATIN�G ONLY 4 Salem, Ma. A_� � 5 DRAWING TITLE: JOB NUMBER: ' � 6 Framing Plan E10020 I i --- ___ , _ i __----- _� __ _ _ �_ __ _ __ _.__ �i ir" CITY OF SALEM M, ASSACHUSETTS m BUILDING DEPARTMENT P 120 WASHINGTON STREET,3RD FLOOR *tam,, TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER October 31, 2019 Anil Mezini Jaho Coffee and Tea 197 Derby Street Salem Ma. 01970 Re : Zoning of 130 Canal Street Dear Mr. Mezini, Sorry for the delay in getting a response to you. You have asked if a roasteries and commissary would be allowed uses in the Industrial zone(I) . Restaurants' are a"by right"use in the Industrial Zone so the answer is yes. If you have any questions ,please let me know. Sincerely, /% - Thomas St.Pierre