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284 CANAL STREET - BERTINIS - BUILDING JACKET 2$4 CANAL STBBBT BBRTTNI'S 284 CANAL STREET IF� l , i I ZONING BOARD OF APPEAL PETITION FORM �O0 171,` \ CITY OF SALEM, MASSACHUSETTS -- �� ZONING BOARD OF APPEAL i13t �•' 120 WASHINGTON STEET,3RD FLOOR o t. SALEM,MASSACHUSETTS 01970 -a r > Amy Lash,Staff Planner Thomas St.Pierre,Building Inspectoj 8C%ryrNgpO � t.978-619-5685/£978-740-0404 t.978-619-5641/E 978-740-9846 ?z tv frn J X: TO THE BOARD OF APPEAL: The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: O 284 Canal Street w Address: Zoning District B-2 5" An application is being submitted to the Board of Appeal for the following reason(s): This statement must describe what you propose to build, the dimensions, the zone property is in,and the zoning requirements. Example 1 am proposing to construct a 10'x 10'one story addition to my home located at 3 Salem Lane, in the R-2 Zoning District, The Zoning Ordinance requires the minimum depth of the rear yard to be 30feet. The current depth ofmy rear yard is 32 feet;the proposed addition would reduce the depth ofthe rear yard to 21 feet. Petitioner is requesting a Variance and a Special Permit to construct an addition to the front of the existing non—conforming building The existing non—conforming front yard depth will be reduced to zero front yard depth by the proposed addition. For this reason I am requesting: Tablq II (�Variance(s)from provisions of Section 6-21 of the Zoning Ordinance,specifically from minimum front yard (i.e.minimum depth ofrearyard). What is allowed is 30 feet (fi?sq ft?stories? W), and what I am proposing is 0 feet (ft?sgft?stories? W). (Y)A Special Permit under Section 5-3(1)hf the Zoning Ordinance in order to allow an extension of a non—conforming structure ( )-Appeal of the Decision of the Building Inspector(described below): The Current Use of the Property Is: Are the lot dimensions included on the plan? Two Family Home Restaurant (exam ple: y ) (x)Yes ONon/a because The Undersigned hereby petitions the Board of Appeal to vary the terms of the Salem Zoning Ordinance and allow the project to be constructed as per the plans submitted,as the enforcement of said Zoning By-Laws would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance. ZONING BOARD OF APPEAL PETITION FORM The following written statement has been submitted with this application: ( For all Variance requests a written Statement of Hardship demonstrating the following must be attached: a) Special conditions and circumstances that especially affect the land,building,or structure involved, generally not affecting other lands,buildings,and structures in the same district; b) Literal enforcement of the provisions of the Ordinance would involved substantial hardship to the applicant;and 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. ( For all Special Permit requests a Statement of Grounds must be attached. An application for a special permit for a nonconforming use or structure shall include a statement demonstrating how the proposed change shall not be substantially more detrimental than the existing nonconforming use to the neighborhood in accordance with Art.V, § 5-3. Such a statement should include reference to the following criteria: a) Social,economic,or community needs served by the proposal; b) Traffic flow and safety,including parking and loading; c) Adequacy of utilities and other public services; d) Impacts on the natural environment,including drainage; e) Neighborhood character;and t) Potential fiscal impact,including impact on City tax base and employment. Previous applications to the Board of Appeals involving this property have been submitted with this petition form. The Building Commissioner can provide documentation ofprevious applications to the petitioner or his representative. John A. Bertini, Trustee Ifdifferent than petitioner: Petitioner: JAB Trust Property Owner: Address: 284 Canal Street Address: Salem, MA 01970 Telephone: Telephone: Signature Signature(Attached consent letter is also acceptable) Date Date If different than petitioner: A TRUE Representative: George W. Atkins ATTEST Address: 59 Federal Street, Salem, MA 01970 T one: (978 4-0350 J re August 27, 2009 Date DATE SUBMITTED TO BOARD OF APPEALS: CITY CLERK This original application must be filed with the City Clerk. STATEMENT A. Variance The existing single story restaurant structure used for Bertini's Restaurant is sited on an irregularly shaped parcel and does not conform to the front and side setback dimensional requirements of Table II. In all other respects, the structure and the use comply with the Zoning Ordinance. The addition being requested is for the location of new customer bathroom facilities and no increase in seating or employees will result. Current seating is for 170 customers, and the maximum number of employees on site at any time is 20. The Zoning Ordinance requires a total of 53 parking spaces and the site plan provides for a total of 56 spaces. The location of the addition is required due to the existing floor plan of the restaurant facilities and the maintenance of sufficient parking, so that enforcement of the Ordinance front setback provision would involve substantial hardship. The proposed addition will eliminate parking in the front of the structure, improving safety for the public, and thus relief may be granted without substantial detriment to the public good. B. Special Permit Bertini's Restaurant has been located on this site for 58 years and is a community institution serving social, economic, and community needs. The proposed addition will improve traffic safety since parking in the front of the building, and the consequent backing of cars into Canal Street, will be eliminated, and there remain sufficient parking spaces. The addition will also allow for removal of an existing free- standing sign in front of the restaurant to be replaced by signage on the addition. Utilities, the natural environment, and neighborhood character will be maintained, as well as the taxes and employment generated by the restaurant. Thus, the proposed addition will not be substantially more detrimental than the existing non-conforming structure. / NO. REvisloN I I / cA Lor 15-15 51,456 SF 8 • JI• ZI� It Jsb n J o a • W V a • � m � Z pom � W ovm QQ wa • S = wa LU • i � � Q LL 2 0z � N O b' 1- 40' = n 0 U < SCALE. r.30'0 WQ ' n o m Lu AREA • 4� ' LOT 15-16 51856 5F Q • LOT 19-30 6.935 SP T TOTAL 40,96157 BUILDING AREA 4,604 SP z fAVERA6E 11.5% Q Q ~ ~N Q Q• In to::i ryv PARKING, F AREAS EXISTING PARKING L( ~ 4 SPACES 55 HC AGCE5S15LB 5 SPACES TO REMAIN 0 LL, Q N TOTAL 56 QQ TYP.PARKIN&SPACE % U) •• X w'01 LOT 19-20 • � 8,928 SF F � V� �•'• , 111 � dJ Q EXISTIN6 BUILDING L to a < EXISTING BUILDING BERTINI RESTAURANT NN • NU1 /7 aYa PLAN RSCOO1Gtl. N I 'PLAN OF LAND LOCATED IN SALEM �i �E MASS. -EASTERN LAND 5MVEY EXIS N&PARKIN&SPAC � 104 LO ELL SNR.LOCATED NJ EXISTIN&PARKING SPACES 104 PEABODP1l STREET TO RECONFIGURED TO TO ISE RECONFIGURED TO SISH BY, MASS 01960 &MMOVATE HG PARKING b ACCOMMODATE HG PARKING CHRISTOPHER R.MELLO PLA 51511 DATE. MARCH 51,]009 I ISTIN&PARKING % X 76�. REFERANCES. 5K 6130 P&4W AGE TO REMAIN ul z P L-56.25' SIDE WALK - -- DL EXI5T.UTILITY Q POLE to G CANAL STREET - - - - F` > m o 3 DATE. 24 AUG 3 SITE PLAN o �0 T 4 BOuTOM C 1 MA � SCALES P.30'0• .��, �Ftd�Ps>"P i NO. REVISION NEW GON5TR EXISTING NEW ROOF RIDGE TO LINE UP WITH VESTIBULE @xlsrlNG RIDGE NEIN ROOF SHINGLES TO MATO"EXISTING ROOF RIDGE MATCH EXIST 4 +/- 12 +/- ROOPEAVE MATCH EXIST i N K LL NEW COVERED ENTRY WA VET IBSIDE ENTRANCE. RAMP-SEE PLAN yl y _ LO STEEL AND n OR WOOD __________ __________ EXIST.FLOOR RAILING 1. NEW RAMP AT MAIN O ENTRANCE,SEE AFRONT ELEVATION o � A2 SCALE, SAW- 1-0 EXISTING NEW GONSTR H <3PHk 1 91 RE5TROOMS OFIg�� 3 NOTE a Iltt �s AREA OF SIGNAGE 5/H" PLYWOOD MP'%''50 A W",LDORO MATCH EXISTING ROOF FINISH AND HEIGHT DESIGN WITH OWNER 2 PROV DE LIGHT OVER 916N J n LU 4 +/- EXIST.FLOOR ? o e Q W � NEW ADDITION W C i m DOLOR'A' WITH CLAPBOARD Q CIH K EXTERIOR FINISH \ 20 -0 ? � LL ® EE: L11 j AREA OF SIGN NEW RAMP AND V STAIR AT LEFT ELEVATION F Oz ,- COLO... . Z C m W n coLaR B � U ' z aw _____ - ______ EXIST.FLOOR 0 .. DOLOR'L" --- ___ __ ELEV.O'-0" W� 0 n _ 0 .0 W a m v LA=ISIDIN6 IN FIELD EXACT GRADE B LEFT ELEVATION r� RECESSED- -ENTRY L NEW RAMP AT MAIN _________________L_ ___ ____ ____ ________ __ ENTRANCE COORDINATE IN FIELD,5e A2 SCALE,SHH•. I'-0" D 2 � NEW GONSTR EXISTING H RE5TROOMS Q lu NOTE lu 2 AREA OF SIONAbE < n, 5/8'MIDo PLYWOOD U MAX 50 SOFT,C001C a DESIGN WITH OWNER N < 12 � fQ J NN MATCH EXISTING ROOF 4 +/-r N z L FINISH AND HEIGHT 1 T.O.ROOF ®D W W PROVIDE LIGHT OVER SIGN lMu �O d NEN EXT ADDITION ® ` _- ---=CCCCC ____= W N In WITM CLAPBOARD AREA OF SIGN EXTERIOR FINISH IXB PVC HORIZONTAL TRIM BOARD GRADE SLOPES AAAY FROM EUILDING "ST.FLOOR FINISH FL. -- -- - - - - -- -- - ELEV.OELEV. VERIFY EXACT GRADE _______�__ z IN FIELD I RAILING-SEE J e L_ ____________ ________ __J \ z RIGHT ELEVATION WWf ~ J d A2 SCALE VH'- 1'-0' (- IL LLJJ EXISTING NEW GONSTR W VESTIBULE h B ® Uxl N I i ROOF RIDGE B _ROOF SAVE �:- fl ANEW VESTIBULE P 4 LE a� q o AT LEFT SIDE ,rT" GLEN ENTRANCE. m LOCUS PLAN ____________ E%1ST.FLOOR .i k,C .E153 eLEV.O'-0' y BOSTON Jr SGALE� NOT TO SCALE DATE. ss ASG n REAR ELEVATION EX15T NG TO �Tz or n�5,o o �� 1z, �o, A REMAIN AS 19 2 z� A2 SCALE, 5A6' - I'-0' SCALE: I/pJ° = I'-On 13 0 oPOI7e. CITY OF SALEM, MASSACHUSETTS BOARD OF APPEAL - 2 ' 120 WASHINGTON STREET, 3RO FLOOR SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 '•P apP FAX 978-740-9846 l /� KIMBERLEY DRISCOLL 2009 CLP 30 A 8: 08 MAYOR r ILL '. CITY September 28,2009 Decision City of Salem Zoning Board of Appeals Petition of JOHN BERTINI,TRUSTEE,JAB TRUST, seeking a Variance from minimum front yard setback,and a Special Permit for the extension of a non- conforming structure, to allow for an addition onto the restaurant on the property at 284 CANAL STREET, Salem,MA,in the Business Highway Zoning District(B2). Petitioner seeks Variances pursuant to the Salem Zoning Ordinance, §6-4,Table II: Business and Industrial Density Regulations (recodified on September 10,2009 as §4.1.1: Table of Dimensional Requirements). Petitioner also seeks a Special Permit pursuant to §5-30), Extension of Nonconformity(recodified on September 10, 2009 as §3.3.3,Nonconforming Structures). Statements of fact: 1. Attorney George Atkins represented the petitioner,John Bertini,who was also present at the meeting. 2. In a petition dated August 27, 2009,the petitioner requested a Variance and a Special Permit to construct an addition to the front of the existing nonconfornung building. 3. A public hearing on the above mentioned Petition was opened on September 16, 2009,pursuant to Mass General Law Ch. 40A, §11. The pubic hearing was closed on September 16, 2009,with the following Zoning Board of Appeals members present: Rick Dionne (chairing the meeting),Annie Harris,Beth Debski,Bonnie Belau (alternate), and Jimmy Tsitsinos (alternate). 4. At the hearing,two residents spoke in support of the petition,emphasizing the importance of supporting the improvement of a longtime Salem business. Supporters included At-Large Councillor Thomas Furey,77 Linden Street. No one spoke in opposition to the petition. 5. Members of the Board of Appeals commented that the project,which would involve eliminating parking from the front of the building,would increase safety for pedestrians and patrons. 6. In a statement submitted with the application,the petitioner stated that due to the existing floor plan of the restaurant facilities and the need to maintain sufficient 2 parking, enforcement of the front setback provision of the Zoning Ordinance would involve substantial hardship. At its meeting on September 16,2009,the Board of Appeals voted five (5) in favor and none (0) opposed to grant a Variance under§6-4,Table II: Business and Industrial Density Regulations (recodified on September 10, 2009 as §4.1.1: Table of Dimensional Requirements),and a Special Permit under§5-30),Extension of Nonconformity(recodified on.September 10, 2009 as §3.3.3,Nonconforming Structures). The Board of Appeal,after careful consideration of the evidence presented at the public hearing, and after thorough review of the plans and petition submitted, makes the following findings: 1. Special conditions and circumstances exist affecting the parcel or building,which do not generally affect other land or buildings in the same district;the petitioner made the argument that the layout of the building was such that necessary expansion could only be reasonably done by encroaching on the front setback, and the Board concurred. 2. Desirable relief maybe granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of the zoning ordinance,as the proposed changes would benefit public safety and improve a neighborhood restaurant. 3. The applicant may vary the terms of the Business Highway District to construct the proposed addition,which is consistent with the intent and purpose of the City of Salem Zoning Ordinance. 4. In permitting such change,the Board of Appeals requires certain appropriate conditions and safeguards as noted below. On the basis of the above findings of fact and all evidence presented at the public hearing including,but not limited to,the Plans,Documents and testimony,the Zoning Board of Appeals concludes: 1. To allow for an addition onto the restaurant on the property at 284 Canal Street,the requested Variance from dimensional requirements for the Business Highway zone is granted, and the requested Special Permit to extend a nonconforming structure is granted. In consideration of the above,the Salem Board of Appeals voted, five (5) in favor(Dionne, Belair, Hams,Debski and Tsitsinos) and none (0) opposed,to grant petitioner's requests for a Variance and a Special Permit subject to the following terms,conditions, and safeguards: 1. Petitioner shall comply with all city and state statutes,ordinances,codes and regulations. 3 2. All construction shall be done as per the plans and dimensions submitted to and approved bythe Building Commissioner. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 4. Petitioner shallobtain a building permit prior to beginning any construction. 5. Exterior finishes of the new construction shall be in harmony with the existing structure. 6. A Certificate of Inspection is to be obtained. 7. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to,the Planning Board. A9 O xn - RichardDionne Salem Zoning Board of Appeals 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 of filing of this decision in the office of the City Clerk Pursuant to the Massachusetts General Laws Chapter 40A,Section 11,the Variance or Special Pemtit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk has been filed with the Essex South Registry of Deeds. �I p Tammnnwtalt# of 19400ar4u,"tts s CITY OF SALEM accordance with the Massachusetts State Building Code, Section 108. 15, this CERTIFICATE OF INSPECTION BERTINI' S INC is issued to - i tIIcrtify BERTINI' S RESTAURANT that I have inspected the premises known as 0284 286 CANAL STREET in the city of Salem located at Essex Commonwealth of Massachusetts. The means of egress are sufficient for the following County of number of persons: - BY STORY S'XIKf'�%7i���yy����*97yi�7K$� Capacity xssXsslis7tis 7K7C$ssli Capacity Story CaktCr7Kss�7F7FA7K* Story Cale iyAssssss awisss BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly Place of Assembly Location or Structure Capacity Location or Structure Capacity 15T FLOOR REAR DINING ROOM 30 IST FLOOR MAIN DINING ROOM 90 RAR 50 1ST FLOOR A-3 10/01 /1998 10/01/1999 Gv (� 0133-1998 wilding Official Certificate Number Date Certificate Issued_ Date Certificate Expires The building official shall be notified within (10) days of any changes in the above information. . � COi^:OCii7FiLI.T3 OF Y_^SSaCHUS C i � a CITY OF SALEM ` ^_'sy xPPLIC.TioN FOR C'_E4L2IF1UaE 0= INSSPECTION Date a ! YJ Fee Required 5 ( ) No Fee Required In accordance with the provisions of the Massacnusetrs State Building Code. Secti 108., 15. i hereby apply for a Certificate of Inspection for the below-named premises located at the follolwing address: Street 6 Humber `'l11' Name of Premises ( / Purpose for which Premises is used License(s) or Permir(s) required for the pre=i.ses by other Goverxaenral Agenei.ea: �7 //License or Permit A¢enev �O�kl z,B 4/pze 44.41erZ_ 13 ec Certificate co be issued to: J�J e2TlN / S Z/vC' Address: cZBSi�//Nty/� 57 l�/ileiii `/7// O/1�7d Owner of Record of Building: _ 9<�3 /K//S cT Address: -2�31 Name of Present Holder of Certificate: Name of Agenc, if any.. . Si mature or Person to wnom Lertlfieate IILE _ is issued or hisiher authorized agent ? /d'Y Ai Date INSSRIICTIOHS• Day time phone / 7 1. Make check payable to: The City of Salem 2. Return this application with your checi to: Insbecror of Buildin¢s. City of Salem Buildinz Department. One Sales Green. Salem. MA. 01970. PLEASE HOSE: 1. Application form with required fee moat be submitted for each building or stractnre of part thereof to be certified_ 2. Application 6 fee moat be received before the cerrificare w-11 be issued- 3. The building officisl shall be nortfied within ten (10) days of any cbaage in the above informations. �} p CEBIZFICATE 1 13 3 / =IBATION DATE: (� / PERIODIC INSPECTION REPORT This form is to be completed each time a Periodic Inspection is made. At the time a new Certificate of Inspection is issued, a notation indicating that the fee has been paid will be made to Application Form prior to the new Certificate of Inspection being issued. Any changes since the last inspection are to be added to the file card of the premises. Street 6 Number YC I a8 C ay)a l ST Name of Premises Z e- f 1 'S R'P Sig,U'YCCvn�l Certificate to be issued to: Be I V\ , ' S K C Address {� \ Owner of Record of Building J' TY IJ Addressyy�.Q Purpose for which premises are used Changes since last Inspection (required on file card also) L . No (�Qna .cgJ, z. 3. 4. 5. Date Order Issued: Order Issued To: Address Date Violations Corrected: REMARKS: I have this day inspected the above premises, and the same conforms to the pertinent requirements of the Massachusetts State Building Code and the rules and regulations pursuant thereto. Date Building Offici 1 Certificate 9 D3 — Js— Date Issued: Reco®ended Next 9— 9 q Date Expires: 'b ( 9 c�l�r Tamut anwrttlt4 of l tt� ttr usr � , b CITY/TOWN OF In accordance with the Massachusetts State Building Code, Section 108. 15, this Y y CERTIFICATE OF INSPECTION is issued to . . . . . . . . . . .e. C. �. . . . . . .CC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ( 1 TWU that I have inspected the. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .known as. . . �Y k ! 5. . . . . . . . . D��. .a �P the. . . . . . . . . . . . .of. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . located at. . . . . . . . . . . .3 County of. . . . . . . . . . . . . . . . . Commonwealth of Massachusetts. The means of egress are sufficient for the following number of persons: BY STORY Story Capacity Story Capacity Story Capacity Story Capacity BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly Place of Assembly or Structure Capacity Location or Structure Capacity Location R,3 rna' 0.n:,�� 2oc , `fib t� +rlr ear P��, 3 s- % F/Ct�Y 10 I- I � Certificate Number Date Certificate Issued Date Certificate Expires Building Offic L The building official shall be notified within (10) days of any changes in the above information. 5 r Q/ � , 4t j� Ctg of 3ttlem, Aussar4usetts tlublic tropertg Department iguilbing Department (One 6alem (6reen 588-745-9595 Ext. 388 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 22 , 1996 Esther Realty Trust 284 Canal Street Salem, Mass . 01970 RE : 284 Canal Street Dear Mrs . Bertini : This office has received complaints of illegally parked commercial vehicles at the rear of the above mentioned property. Per Article Vlls7-2 , Section 7-3 (B) of the City of Salem Zoning Ordinance which reads; All parking spaces required by this Ordinance shall be on the same lot as the building or use which they are intended to serve( Copy enclosed) . Please have said commercial vehicles park in a legal authorized area, and not at rear of 284 Canal Street . Failure of removing vehicles will result in legal action being taken against vou. Thank you for your anticipated cooperation in this matter . If you should have any questions please feel free to call . Sincerelv, Leo E . Tremblay Zoning Enforcemen Officer LET: scm cc: Councillor Kelley, Ward 5 Art.VII, 6 7.2 SALEM ZONING ORDINANCE SUPPLEMENTARY REGULATIONS (4) A solid wall or compact evergreen screening (2) The minimum dimensions of stalls and five (51 feet high shall be erected along all aisles shall be as follows: property lines abutting residential uses. a. Stall width shall be at least nine (9) (5) Exterior lighting shall be so arranged as to feet, _ reflect light away from adjoining premises b. Stall depth shall be at least nineteen and streets. (19) feet for all angle parking and twenty-two (22) feet for parallel Sec. 7.3. Off-street parking, uncovered, not parking.Such dimensions may include included in structure. no more than two (2) feet of any land- scaped setback area adjacent to the (a) Off-street parking spaces shall be provided front or rear of a stall and used for and maintained by the owner of the property for bumper overhang. each building or use which,after the effective date c. Minimum width of aisles providing ac. of this ordinance, is erected, enlarged or altered, cess to stalls for one-way traffic only, according to the regulations set out in this sec- varying with the angle of parking,shall tion. be: (b) All parking spaces required by this ordi. Minimum Aisle nance shall be on the same lot as the building or Angle of Parking Width use which they are intended to serve, except that (degrees) (feet) the board of appeals may permit the parking Parallel 12 spaces to be provided within four hundred (400) 30 11 feet of the building or use intended to be served,if 45 13 the board determines that it is impractical to pro- 60 18 vide parking on the same lot with the building. If 90 20 a separate lot is used for parking, the ownership d. Minimum width of aisles providing ac. of the lot must, for all times. be held by the same cess to stalls for two-way traffic shall ownership as the lot on which the building is be twenty-four (24) feet, except that erected. If the parking lot ownership is separated aisles providing access primarily for from the ownership of the building, this shall be overnight parking may be a minimum deemed a violation. and the building inspector of twenty (20) feet. shall void the certificate of occupancy. (3) Parking facilities shall be designed so that (c) Notwithstanding any other provisions of this each motor vehicle may proceed to and from ordinance, off-street parking shall not be required the parking space provided for it without for any church or other place or worship or sec- requiring the moving of any other motor ondary school or institution of higher education, vehicle. with the exception of the State College at Salem where local ordinances shall prevail. (4) The widths of entrance and exit drives shall be: (d) Required parking spaces shall not be re- a. A minimum of twelve (12) feet for duced or encroached upon in any manner unless a one-way use only; change in use occurs which permits a change in b. A minimum of twenty (20) feet for the amount of parking area required. two-way use,except that driveways pro- (e) Design of all off-street parking facilities: 'riding access primarily for overnight parking, with incidental daytime use, (1) Parking facilities shall be occupied only by may be a minimum of twelve (12) feet passenger cars and commercial vehicles not wide; and _ exceeding seven and one-half(71/2) feet in c. A maximum of twenty (20) feet at the width and eighteen (18) feet in length. street lot line in residence districts and 28 Titi1 of ig-nde t. fassac4usetts L i`o Ilubli[ 'Propertp Department Nuilbing Department (One #alem 6recn 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 22 , 1996 Esther Realtv Trust 284 Canal Street Salem, Mass . 01970 RE : 284 Canal Street Dear Mrs . Bertini : This office has received complaints of illegally parked commercial vehicles at the rear of the above mentioned property. Per Article Vlls7-2 , Section 7-3 (B) of the City of Salem Zoning Ordinance which reads ; All parking spaces required by this Ordinance shall be on the same lot as the building or use which they are intended to serve( Copy enclosed) . Please have said commercial vehicles park in a legal authorized area, and not at rear of 284 Canal Street . Failure of removing vehicles will result in legal action being taken against you. Thank you for your anticipated cooperation in this matter. If you should have any questions please feel free to call . Sincerely,^ ' 1 Leo E . Tremblay Zoning Enforcemen/ Officer LET: scm cc : Councillor Kelley, Ward 5 Art.VIL 5 7.2 SALEM ZONING ORDINANCE SUPPLEMENTARY REGULATIONS (4) A solid wail or compact evergreen screening (2) The minimum dimensions of stalls and five t5i feet high shall be erected along all aisles shall be as follows: property lines abutting residential uses. a. Stall width shall be at least nine (9) (5) Exterior lighting shall be so arranged as to feet. _ reflect light away from adjoining premises b. Stall depth shall be at least nineteen and streets. (19) feet for all angle parking and twenty-two (22) feet for parallel Sec. 7.3. Off-street parking uncovered, not parking. Such dimensions may include included in structure. no more than two (2) feet of any land- scaped setback area adjacent to the (a) Off-street parking spaces shall be provided front or rear of a stall and used for and maintained by the owner of the property for bumper overhang. each building or use which,after the effective date c. Minimum width of aisles providing ac- of this ordinance, is erected, enlarged or altered, cess to stalls for one-way traffic only, according to the regulations set out in this sec- varying with the angle of parking,shall tion. be: (b) All parking spaces required by this ordi. Minimum Aisle nance shall be on the same lot as the building or Angle of Parking Width use which they are intended to serve. except that (degrees) (feet) the board of appeals may permit the parking Parallel 12 spaces to be provided within four hundred (400) 30 11 feet of the building or use intended to be served,if 45 13 the board determines that it is impractical to pro- 60 18 vide parking on the same lot with the building. If 90 20 a separate lot is used for parking, the ownership d. Minimum width of aisles providing ac. of the lot must. for all times, be held by the same cess to stalls for two-way traffic shall ownership as the lot on which the building is be twenty-four (24) feet, except that erected. If the parking lot ownership is separated aisles providing access primarily for from the ownership of the building, this shall be overnight parking may be a minimum deemed a violation, and the building inspector of twenty (20) feet. shall void the certificate of occupancy. (3) Parking facilities shall be designed so that (c) Notwithstanding any other provisions of this each motor vehicle may proceed to and from ordinance,off-street parking shall not be required the parking space provided for it without for any church or other place or worship or sec. requiring the moving of any other motor ondary school or institution of higher education, vehicle. with the exception of the State College at Salem where local ordinances shall prevail. (4) The widths of entrance and exit drives shall be: (d) Required parking spaces shall not be re- a. A minimum of twelve (12) feet for duced or encroached upon in any manner unless a one-way use only; change in use occurs which permits a change in b. A minimum of twenty (20) feet for the amount of parking area required. two-way use,except that driveways pro- (e) Design of all off-street parking facilities: 'riding access primarily for overnight parking, with incidental daytime use, (1) Parking facilities shall be occupied only by may be a minimum of twelve (12) feet passenger cars and commercial vehicles not wide; and exceeding seven and one-half (71/2) feet in c. A maximum of twenty (20) feet at the width and eighteen (18) feet in length. street lot line in residence districts and 28 e e CERTIFICATE ISSUED' CITY OF SALEM DATE April. 7.8. 1994 SALEM. MASSACHUSETTS 01970 BUILDING PERMIT - a4`°�^ CERTIFICATE OF OCCUPANCY DATE. :"aTCh I Q%E APPLICANT RLC}l.9r4 !;C)IvEl2Ca 19 PERMIT NO: �- 4 ADDRESS _11T Z!, Stye>inBRVP r� i(84Ei 1 (TS 'IN0.1 Rim PERMIT TO Q It'-�r�C ions IEPx1R•5'"CENSE) (__I STORY O `� aurCRL NUMBER OF 'T -7 OE IMPR ovEMExn x o, DWELLING UNITS (PROPOSED U9E) AT fLOCATIONI 84 ci'n1 �:�aP♦ i.T3rd ZONING Ix0:1 ISTRf ET/ DISTRICT O.O ICROSS. S1REEi-1 -AND-.•' I'.0>_ •:- n } e.S' "� (CROSS 57REETIA SUBOIVIS ION LOT '. BLOCK - 5 2E 5 BUILDING IS 70BE FT WIDE.P...' FT LONG BY /FT. IN HEIGHT AND SHALL'CONFORM-f.N CONSTRUCTION TO TYPE _ USE ♦GROUP i BASEMENT WALLS OR FOUNDATION ` :\t27TO.tP "1(yod t.0 1 _ilf. �1 . . 1Z � l.l..� I (TYPE)' REMARKS: AREA VOLUME IBNEEE � b IN C BICSQUIRE;iE ETI SASI!•u9YY' gWNERVf110'1IOf71u...6171YpIbrllOAlbl��I(9e0`IES�IEY'/EEIIE-nI11PIREMISES 011101EIOrFOl710 ADDRESS �.1 P.1.1 "Qe'C ""Lc^t TO BE POSTED: SEE REVERSE SIOr,FORR CONDITIONS OF CERT IFECATE DEPARTMENTAL, APPROVAL FOR CERTIFICATE of OCCUPANCY and COMPLIANCE To be filled in by each diVision indicated hereon u '6i completion of its final i inspectio.n. p , -BUILDINGS I 1 Permit No. 72-94 Approved by John A .enni,+ Date 4/28/94 Remarks PLUMBING Perimit No. Approved by s Date Remarks it ................. ELECTRICAL Peirnit No. Al valkowski 4/22/04 Approved by Date Date Remarks OTHER— Permit No. Approved by-—1 -. Date Remaiks OTHER Permit No. Approved by Date—," Remarks BUILDING PERMIT JOB WEATHER CARO Marc ". I 44 ;,a,_w4 DATE 19 PERMIT NO. APPLICANT Rtchar$ %*Disco ADDRESS ! sreman strew- ETat3t<P.f9 LMwlC`d ISV (NO.) (STREET) (CONTA'S LICENSEI AlCAC9C£tfsfC Posta rant NUMBER OF PERMIT TO (_I STORY DWELLING UNITS (TYPE OF IMPROVEMENT) NO. IPROPOSED USE) 1 4 ..aee 1. SCrea. WardZONING �h AT (LOCATION) DISTRICT (NO.) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) LOT SUBDIVISION LOT BLOCK SIZE BUILDING IS TOVE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) Relro7e -+aod c@ 1{.sq snd O! 1s REMARKS: Call for Permit to Occupy 9REA OR IJ .� 00 PERMIT I;'.; VOLUME ESTIMATED COST FEE S KOSIC/SOUARE FEET) OWNER Jakin Bi"rtinl G 400RE55 1 VOT)Lyt bC'eBr Sale- . i' Px"I. BYILDIN,i'.$E :Z'U7?Il lc)^ THIS PERMIT CONVEYS NO RIGHT CCUPY 4NY STREET. ALLEY OR SIDEWALK OR ANY PSRT THEREOF. EITHER TEMPORARILY OR PERMANENTLY. ENC ROAC NMENTS ON UB LIC�ROPE R TY. NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE, MUST BE AP- -T PROVED BYHE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY OBTAINED FROM THE D EOF PUBLIC WORKS. THE ISSUANCEOFTHIS PERMIT DOES NOT RELEASE-THE APPLICANT FROM THE CON DIT ZONE OF ANY APPLICABLE SUE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE INSPECTIONS REQUIRED FOR CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN PF R MITS ARE REQUIRED FOR ALL CONSTRUCTION WORK: ELECTRICAL, PLUMBING AND I. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS. E. PRIOR TO COVERING STRUCTURAL QUIRED.SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL MINAL INSPECTION TO LATHE FINAL INSPECTION HAS BEEN MADE. 9. FINAL INSPECTION BEFORE OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 3/a,F/7Y 2 2Cr a BOARD OF HEALTH AS INSPECTION APPROVALS FIRE DEPT, INSPECTING APPROVALS 1 1 OTHER CITY ENGINEER 2 2 7 loop 70 WORK SHALL NOT PROCEED 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 TME CAN BE ARRANGED FOR BY TELEPHONE STAGES OF CONSTRUCTION. PERMIT IS ISSUED AS NOTED ABOVE. OR WRITTEN NOTIFICATION. No. -9 City of Salem Ward APPLICATION FOR PERMIT TO BUILD ADDITION, MAKE ALTERATIONS OR NEW CONSTRUCTION IMPORTANT-Applicant to complete all items in sections:1, ll, III, IV,and IX. 1� I. AT(LOCATION) 7 (/�rw Al 57—e* ZONING If DISTRICle—a— LOCATION (NO.) (MEET) OF BETWEEN AND BUILDING (CROW STREET) (CROSS LOTET ) SUBDIVISION LOT BLOCK SIZE II. TYPE AND COST OF BUILDING -All applicants complete Parts A-D A. TYPE OF IMPROVEMENT D. PROPOSED USE-FOR"DEMOLITION'USE MOST RECENT USE 1 ❑ New building Residential Nonresidential 2 ❑ Addition(If residential,enter number of new 12 ❑ One family 18 ❑ Amusement,recreational housing units added,if any,in part D, 13) 19 ❑ Chruch,other religious 13 ❑ Two or more family-Enter number 3Alteration(See 2 above) of units ....................................................... 20 ❑ Industrial 21 ❑ Parking garage 4 ❑ Repair replacement 14 ❑ Transient hotel,motel,or dormitory- Enter number of units ........................... 22 ❑ Service station,repair garage 5 ❑ Wrecking(It multifamily residential,enter number 23 ❑ Hospital,institutionsl of 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.OWNERSHIP 28 ❑ Tanks,towers //""�� 8 ® Private(individual,corporation,nonprofit insiinstitution,,etc.) .) 29 Other-Specify 9 ❑ Public(Federal,State,or local government C.COST (Omit cents) Nonresidential-Describe in detail proposed use of buildings,e.g.,food processing plant, �7 dD machine shop,laundry building at hospital,elementary school,Secondary school,college, 10. Cost of improvement ....�...0...0.00' parochial school,parking garage for department store,rental office building,office building " """"""""""" $ at industrial plant.If use of existing building is being changed,enter proposed use. To be installed but not included /1') -- � nn - /' in the above Cost p0 eµ„�qk (ti p coQ CtA_ st 0--r l a. Electrical........................................................................... Q' (.Ja2la �e� D � b. Plumbing.......................................................................... .5�0. _ aAet 1AJ&o c. Heating,air conditioning............................................. d. Other(elevator,etc.)..................................................... '7 /�y� 11. TOTAL COST OF IMPROVEMENT s l r601— 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. TYPE 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 ❑ Oil 41 ❑ Private(septic tank,etc.) conditioning? 32 ❑ Structural steel 37 ❑ Electricity 44 ❑ Yes 45 ❑ No 33 ❑ Reinforced concrete 38 ❑ Coal H. TYPE OF WATER SUPPLY Will there by an elevator? 34 ❑ Other-Specify 39 ❑ Other-Specify 42 ❑ Public or private company 46 E] Yes 47 ❑ No 43 ❑ Private(well,cistem) J.DIMENSIONS 48. Number of stones .................. M. DEMOLITION OF STRUCTURES:�...................................... as. Total square fast offloor area, all floors,based on exterior Has Approval from Historical Commission been received dimensions ........................................................................ for any structure over fifty(50)years? Yes_ No 50. Total land area,sq.k..................................................... Dig Safe Number K.NUMBER OF OFF-STREET PARKING SPACES Pest Control: 51. Enclosed............................................................................. 52. Outdoors............... HAVE THE FOLLOWING UTILITIES BEEN DISCONNECTED?...................................... Yes No L RESIDENTIAL BUILDINGS ONLY Water: 53. Enclosed ......................................... Electric: Gas: 54. Number of Full._........................................ Sewer: bathrooms DOCUMENTATION FOR THE ABOVE MUST BE ATTACHED Partial...................................... BEFORE A PERMIT CAN BE ISSUED. IV. COMPLETE THE FOLLOWING: Historic District? Yes_ No�If yes, please enclose documentation from Hist. Com.) Conservation Area? Yes—tZNO (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 I,' P// Is Architectural Access Board approval required? Yes &1-1—No_ (If yes, submit documentation) Massachusetts State Contractor License# 7 `5 Salem License# / has Home Improvement Contractor # Homeowners Exempt form (if applicable) Yes_ No CONSTRUCTION TO BE COMMENCED WITHIN SIX(6) MONTHS OF ISSUANCE OF BUILDING PERMIT If an extension is necessary, please submit CONSTRUCTION IS TO BE COMPLETED BY: �� y in writing to the Inspector of Buildings. V. IDENTIFICATION • To be completed by all applicants Name Mailing address-Number,street,city,and state ZIP Code rel.No. Owner or 1. '/z A7 e7-A0Y • � trAti'•ELS'T• W970 -1ys6 Lessee x4zem IWA, z. ,� G G>io&ace A-?,4K d`T r o14�3 77 Contractor Builder's a/✓��'S AO Q 913 License No. e6211?3 - 3. N Architect 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 authorized agent and we agree to conform to all applicable laws of this jurisdiction. Signature of applicant Address Application date DO NOT WRITE BELOW THIS LINE VI. VALIDATION Building _ q,/ FOR DEPARTMENT USE ONLY Permit number / J Building Use Group Permit issued . 7 19 Fire Grading Building40, --b Permit Fee $ ��� 10--bLive Loading Certificate of OccupancyApproved by $ occupancy Load : Drain Tile $ Plan Review Fee $ c� T E NOTES AND Data•(For department use) PERMIT TO BE MAILED TO: p�G� DATE MAILED: Completed by: Construction to be started by: �j' VI ZONING PLAN EXAMINERS NOTES DISTRICT USE FRONT YARD SIDE YARD SIDE YARD REAR YARD NOTES SITE OR PLOT PLAN -For Applicant Use oN i - h COMMONWEALTH OF MASSACHUSETTS Ec DErAlr;MENT OF INDUSTRIAL ACCIDENTS !' _ 600 WASHINGTON STREET BOSTON, MASSACHUSETTS 02111 amen Camrmeu cr^ssIcne• WORKERS' COMPENSATION INSURANCE AFFIDAVIT I, �re�arr� G C�e�aCCa �� y a�A0,401 eS; /SAA/y� CS �1L1 Q�913 (I icenseei permsneU with a principal place of business/residence at: (City/State/Zip) do hereby certify, under the pains and penalties of perjury, that: I am an emplover providing the following workers' compensation coverage for my employees working on this iob. Insurance Company Policy Number [L 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: Name of Contractor Insurance Co pany/Policy Number Name or Contra or Insurance Compnv/Policy Number Name of Contractor Insurance Company/Policy Number [) I am a homeowner performing all the work myself. NOTE: Plcasc be aware that while homeowners wbo employ persons to do maintenance.construction or repair work on a dwelling of not more than three units in whieb the bomeowner aim resides or on the grounds appurtenant thereto are not generally considered to be employers under the Workers' Compensation Act(GL C. 152.sect. 1(5)), application by a homeowner for a license or permit may evidence the legal sums of an empiowr under the Workers' Compensation Act 1 understand that a copy of this statement will be forwarded to the Department of Industrial Accidents' Office of Insurance for coverage �enftcation and that failure to secure coverage as reauircd under Section 25A of MGL 152 an lead to the imposition of criminal penalties consisting of a fine of up to 51500.00 and/or imprisonment of up to one year and civil penakics in the form of a Stop Work Order and a Fine of s 100.00 a day against me. Siened this /S day of /)qxtzZ ' 19 --- 1 a G ),",( t— Licenseei Permirrec licensor/Permittor �1 p ,, .��ie U� a�rrmw�ruJiea,� C�'v//�vaQa�a�l�u�ael� a EJB ���.'B ��[llXlG JLf�iRi `may .�'!al. .;�oa� i7�.u.�ir�aiwo .��e�rrraGowr afettti r Governor Dukaius .He.Tir ta.trtate ,�latf. � o.��.,�""Q"'? one - '!Looe. ld01 Kemm rsuctums .. vAeaft, . 1 02108 Chairman 16171 Charly J. Dfheae Admmurrator MEMORANDUM TO: All Suadme Ocpartmentstwute BufWine Inspectors FROM: CbWtm J. Oinea a. Administrator DATE October J 1. 19151111 SUBJECT. MGT. ca0. ti54Added fly rSR4. ti9 of the wart M 19117 The above-mentioned statute rcpuires mat ucbrts resulting tram the demolition. rcnovactee. fclthbdiUMn ,if airier aiterauon tit a buildme or Structure be utspmcu of in a property ttccnscu sola wine dispmat actuty as ulna/ by MGL 611 L 5150A anti mat butidlne permits ur hrcusc arc it, md1cm the lamuoe ,d the raauty at which the saw debits Is lir he disposed. THIS REOUIREMENT'DOES NOT ,\PPLY TO NEW CONSTRUCTION. In order to slmnoftr the process and 11) provide uniformity. we are attaetuar a copy tit a lam which yen ao either reproduce and use as it is sin¢the compdctcu form will be attached to Inc mice copg of budding permtts or hemi-* or rcpmauce it on Your tciternt•,.. In ase of municipal.Commercial.Industrial.or multi-unit hnusme construction. the cantfatatsr mal hm know the dumpster subcontractor at the time at the building permit application. In such—sra.lite att cum Co" (if an Affidavit an be usca. The complete law is cannmcb in the Nnvembcr issue of CODEWORD which wdl he maucd to you m the crest two weeres. If you should have any uuation. pl=c test us know. UDlkm AFFIDAVIT As a result of the provisions of MGL c 40, S54, I acknowledge that as a condition of Building Permit Number all debris resulting from the construction activity governed by this Building Permit shall be disposed of in a properly licensed solid waste disposal facility, as defined by MGL c 111, S 150A. I certify that I will notify the Building Official by (Iwo months maiamum) of the location of the solid waste disposal facility where the debris resulting from the said construction activity shall be disposed of, and 1 shall submit the appropriate form for attachment to the Building Permit. cL e�, �% G wa0� Date Signature of Permit Applicant (Print or type the following information) dA *43 G CJ �LCac� Name of Permit Applicant Firm Name, if any 3C��AN tS� iwu��! POA . oi9�) 3 Address In accordance with the provisions of MGL c 40. S 54, a condition of Building Permit Number is that the debris resulting from this work shall be disposed of in a property licensed solid waste disposal facility as defined by MGL c 111. S 150A. The debris will be disposed of in: J/141VUL�S 1,ei�cJ,��IC �1A97U�/ (Location of Facility) i t Z e � (_ Signature of Permit Applicant Tr Date NEIL A. HOURIHAN SIX LYNDE STREET ATTORNEY AT LAW prt SALEM, MASSACHUSETTS 01970 f^0:� ,l r� F!,) �0ry 508-745-6990 S. November 5 , 1990 John R. Serafini , Sr. SERAFINI , SERAFINI AND DARLING 63 Federal Street Salem, MA 01970 Re : Pumel Construction - Bertini Land Dear John : As per our conversation of today, Mr. LeBlanc , President of Pumel Construction Co . has made arrangements to move his equipment from Mr. Bertini ' s land to an alternate site in Salem. The move will be accomplished with all due deligence , however, certain site preparation is necessary to insure safety for his equipment . The fence located on Mr. Bertini ' s land was placed there by my client who intends to remove the fence and construct same at the new location . Thank you for your cooperation in this matter. Very truly yours , Neil A . Hourihan NAH: Icj cc : Paul LeBlanc , Pumel Construction Kevin Daly, Esquire , City Solicitor SERAFINI, SERAFINI AND DARLING y In`1^�I ATTORNEYS AT LAW CC I J G r�I� JJ 63 FEDERAL STREET SALEM. MASSACHUSETTS 01970 CITY °.,Sa JOHN R. SERAFINI, SR, TELEPHONE JOHN R. SERAFINI,JR. 509.740.0212 JOHN E. DARLING October 11, 1990 617-06P2743 WENDY L. THAYER TELECOPIER JOSEPH P. COLONNA 506-701-0663 SERVICE BY CONSTABLE Mr. Paul LeBlanc President, Pumel Enterprises 19A Hardy Street Danvers, MA 01923 Dear Mr. LeBlanc: �e-7— I 'm attaching a copy of the letter received by John Bertini, Trustee, from the City of Salem Building Department. As I indicated to you when we sent you the original Notice to Quit, copy attached, you are occupying the premises in violation of the Zoning Ordinance, and therefore the City is legally correct in taking the action they have taken. Your failure to cooperate with John Bertini has placed an unfair burden on him, and has caused him continuing expense. You have now exposed him to possible greater expense, as well as possible legal action by the City of Salem. This situation cannot be tolerated, and as you must realize, it is unfair of you to place him in that position. Accordingly, you are hereby notified to quit, vacate and deliver up the premises occupied by you within fourteen (14) days of the date of this Notice. Otherwise legal action will commence and you will be held responsible for any and all damages and expenses incurred by Mr. Bertini, either as a result of City of Salem action against him or any other expenses arising out of your continued unlawful occupation. Be advised that at the end of the fourteen day period you will be considered a trespasser on the property, and action will be taken to remove your vehicles at your expense. I strongly suggest that you seek legal advice in this matter if you have not already done so. Very truly yours, JEFFERSON TRUST a i s attorney, � OH R. SERAFINI, S32. JRS,SR. /ln cc: Mayor NIsil J. Harrington cc: Kevin Daly, Esq. , City Solicitor cc: William H. Munroe, Building Inspector Citp of 6aiem, Aagncbugettg Public Vropertp Department 33uilDing ,Department ®ne asalem ortm 745-9595 text. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer October 9, 1990 John Bertini , Trustee Jefferson Trust 284-286 Canal Street Salem, MA 01970 Dear Mr. Bertini : In a letter dated June 27, 1990 to Richard A. Bencal , Chairman, City of Salem Zoning Board of Appeal , you withdrew your application for an Administrative Ruling and you advised the Board of Appeal that Pumell Construction would be served with notice to vacate the premises known as 284 Rear Canal Street. I continue to receive complaints stating that Pumell Construction still occupies this property in violation of the City of Salem Zoning Ordinance. If this matter is not resolved within seven (7) days of receipt of this letter I will be left with no recourse but to initiate the appropriate legal action against Jefferson Trust. Sincerely, William H. Munroe Zoning Enforcement Officer WHM:bms cc: Mayor Harrington City Solicitor Mark Blair, Ward Councillor John Serafini , Sr. , Esq. ✓ 1 Certified Mail #P 268 692 048 SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW 63 FEDERAL STREET SALEM. MA55ACHUSETTS 01970 dOnn R. 5ERAFInI. SR. TELEPn ONE 100 . R. SCRAFin I,.IR. 506 144 0212 10nn C. DARLING 61T S6P2)<3 wInOY L. Tn AYLR d05LPH P,C060NNA - TELECOPIER 500-741-4663 June 29, 1990 Mr. Paul LeBlanc President, Pumel Enterprises 19A Hardy Street Danvers, MA 01923 Dear Paul: As you know, the Building Inspector has ruled that the use you are making of the property at 284 Rear Canal Street is in violation of the B-2 Zoning requirements. The Bertinis, therefore, have no choice but to require you to vacate the premises within sixty (60) days of receipt of this letter. Sincerely, jgHN R. SERAFINI, SR. Attorney for Landlord JRS,SR. /ln cc: John Bertini Jefferson Trust cc: William Munroe Personal and Confidential APPLICATION KADULT NUMBER Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE District Court Department `t '= LJ ARREST 1 HEARING SUMMONS WARRANT COURT DIVISION The within named complainant requests that a Complaint issue against the within Salem D!sWct Coon named defendant. Charging said defendant with the offense(s) listed below. DA OF q.PPLICATION DATE OF OFFENSE PLAC OF OFFENSE Washington$tIQ@t Salem. IAA 01870 NAME OF COMPLAINANT 14 i'N ✓ .v ;Z-u L; ;C ��t- t',C��_y NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT If 17-1U-- G-< OIL17r .0 GG� 2 NAME,ADDRESS AND ZIP CODE OF DEFENDANT Sr 3. U//7U 4. COURT USE I A hearing upon this complaint application DATEOFHEARING TIMEOF HEARING COURT USE ONLY----* will be held at the above court address on jgf4AT 4---ONLY CASE PARTICU S — BE Spitd,01C NAME OF VICTIM DESCRIPTION OF PROPERTY V VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 1 2 3 4 OTHER REMARKS: � / I G '. SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATEOF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME c f J 3 O C C Z Citp of 6alem, ;fflaaacbugettg 3 j3ublic i3ropertp Department �pMlNB tP� �3uilbing Department One *81em orren 745-9595 Ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer October 9, 1990 John Bertini , Trustee Jefferson Trust 284-286 Canal Street Salem, MA 01970 Dear Mr. Bertini : In a letter dated June 27, 1990 to Richard A. Bencal , Chairman, City of Salem Zoning Board of Appeal , you withdrew your application for an Administrative Ruling and you advised the Board of Appeal that Pumell Construction would be served with notice to vacate the premises known as 284 Rear Canal Street. I continue to receive complaints stating that Pumell Construction still occupies this property in violation of the City of Salem Zoning Ordinance. If this matter is not resolved within seven (7) days of receipt of this letter I will be left with no recourse but to initiate the appropriate legal action against Jefferson Trust. Sincerely, William H. Munroe Zoning Enforcement Officer WHM:bms cc: Mayor Harrington City Solicitor Mark Blair, Ward Councillor John Serafini , Sr. , Esq. Certified Mail #P 268 692 048 r � i3� w i+I LEGA-'D 0p ''PE 4$ JUN l.. _A ' c CITY Or June 27 , 1990 Mr. Richard Bencal, Chairman Board of Appeals One Salem Green Salem, MA 01970 RE: Matter of Administrative Hearing Requested by the Undersigned Trustee of Jefferson Trust Dear Mr. Chairman and Members of the Board The undersigned, who requested a hearing before your Board in connection with an administrative ruling by the Building Inspector, hereby withdraws said petition. Under all the circumstances, we have decided to notify the occupant of the property of the Building Inspector' s .--termination, and will request that he vacate the premises. We, therefore, withdraw our petition. JEFFERSON TRUST by JOHN BERTINI, TRUSTEE J a�P Cftp of &aien Aaaacbm5ettg jubk Propertp Department Nuitbing Department One Oalem green 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer March 7, 1990 The Jefferson Trust John and Frank Bertini , Trs. 284 Canal Street Salem, MA 01970 RE: Zoning Violation - 284 Rear Canal Street Gentlemen: This office, and the City of Salem, has spent considerable time in an attempt to resolve the zoning issues that relate to the above referenced property. Despite the efforts of Mark Blair, the Ward Seven Councillor and your Attorney, Mr. John Serafini Sr. , it would appear the only way the issue will be resolved is through the proper legal procedure, a public hearing before the Zoning Board of Appeal . Although the issue is a complex one due to the various zoning districts involved, there appears to be no question that the land presently occupied by Pumel Construction is in a B-2 Zoning District and is in violation of the City of Salem Zoning Ordinance relative to use. Should you choose to appeal this decision please make application to the Zoning Board of Appeal within thirty (30) days of receipt of this notice. Sincerely, William H. Munroe Zoning Enforcement Officer WHM:bms cc: Mayor Harrington Councillor Blair John Serafini Sr. , Esq. •°3SENComplete Items, 1 and 2 when additional services aredesired, and complete Items { endo °' -!4{ Put your address In the, Ri'WRN TO"Spaos on.the reverse aide.Failure to do this will prevent this Card from behtwretumed to u.The return i fee will rovide ou the name of the arson delivered to and the efe of dellve For.a ons sea e o 07T+1 n services ere ave a e. ensu t master or ee c c x ea for additional'aervicelal-requested -: - Show to whom del vered;.date and addreseee'a address Z, O Reatrlcted Delivery . - (Etta charge) to'"..: .. (Extra charge) 3. Article Addressed to >q ¢+z .,�ys� 4, Article Number .The Jefferson Trustr,' t P443 509.338 "-, John & Frank Bertml, Trs `'S bra T of servlee $�dlen M4„501970 ' rrt. ;err LJRegimerea r El Insured ) , {-� e'Erdaed ❑COD j ,:: �x t .ti . ❑ ;RetumRecei ra RE: '�� Can $t .Salen” " t� ..'' . Express Mao O-for Merchan i s Always obtain ngnature of addressee a or agent and DATE DELIVE1 1, RED,ks:_ 6. Ig to —Ad J;r.-. ;•."t`d..r -= 8 Addressee's Address.(ONLY tj S. nature A erre . s r r and fse Pdd) _ .� X xe... .y( tlxYLi 'A{!/'„ydt�*�'f 7 pate Delivery. f6tE v F ft 1 4-P PS ' M 'Forrr311. . 1988v 4- A* Q212-888 DOMESTIC RETURN RECEIPT ' '.�'.'•s.�>._ �"iw #iP�`�r"�'�Ae�-'; �fs"A � .����'4Fiti,�,`�c,x�k�z,7:..;'•7�L�ia PS Form 3800,Feb. 1982 0 A 0 D ,7J N m w O v 0 2! v CI v n 3 $ ' oz m � y ,o o Dm -n N �. \ _m O W ,\ n Oro (`\ S T m yy m ° ^ zm m E; Cn Q .3 > T CO m >o D W I W CO ,+k� �� . . �... -� �� p6o3367IIs-`4 FOLAR010�6 � Z ^-7- 9r SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW 63 FEDERAL STREET SALEM. MASSACHUSETTS 01970 TELEPHONE JOHN R. SERAFINI. SR. 506 >44-0212 JOHN R. SERAFINI,JR. 617S81 2743 JOHN E. DARLING ELLEN M,WINKLER TELECOPIER JOSEPH C CORRENTI 506 >4I-4663 January 8, 1992 VIA FAX AND FIRST CLASS MAIL ; ; CSD Michael T. Smerczynski, Esq. Pearl, NcNiff, Crean, Cook & Sheehan '. 30 Main Street Peabody, MA 01960 v'Y REBertini Lan-di� Dear Mike: This letter will confirm that my client and I will meet with you in your office tomorrow, Thursday, at 4 : 00 P. M. Thank you for your cooperation. Sincerely, � ��/-- �✓"-"`'''jL-'/tet 2-K- `s' �) JOHN R. SERAFINI/, SR. JRS, SR. /ln cc: Betsy Horne cc: Juli Riemenschneider cc: Kevin T. Daly, Esq. cc: Leonard F. Femino, Esq. cc: William Munroe PEARL, MCNIFF, CREAN, COOK BL SHEEHAN ATTORNEYS AT LAW 30 MAIN STREET JOHN M.CREAN PEABODY,MASSACHUSETTS 01960-5552 THOMAS C.REGAN OLIVER T COOK MICHAEL T.SMERCZYNSKI WILLIAM H.SHEEHAN III PEABODY(508)531-1710 MATTHEW J.KAVANAGH SAMUEL PEARL,OF COUNSEL BOSTON(817/289-3458 MICHAEL S.NOULDEN FAX(508)5314895 JOHN A.Mc NIFF,of COUNSEL LAWRENCE J.O'KEEFE ARTHUR J.FRAWLEY,JR.,OF COUNSEL January 8, 1992 z C m L� o� o VIA FAX AND FIRST CLASS MAIL V C)o _ i--- X� T, John R. Serafini, Sr. � Serafini, Serafini & Darling n 63 Federal Street Salem, MA 01970 Re: {�Bertini Land Dear Attorney Serafini: This letter is to inform you that Attorney Smerczynski received your fax dated January 7 , 1992 . He asked me to write to you and express his desire to meet with you regarding this matter. Because of his trial schedule, Attorney Smerczynski can meet with you at 4 : 00 p.m. this afternoon, 8 : 30 a.m. on Thursday, January 9 , 1992 or at 4 :00 p.m. on Thursday, January, 9 ,'= 1992 . Kindly contact the undersigned if you are available to meet with Attorney Smerczynski on any of the above dates and times . Very truly your, nda M. Coble, Secretary to Michael T. Smerczynski, Esquire CC: Betsy Horne Juli Riemenschneider Kevin T. Daly, Esq. Leonard F. Femino, Esq. William Munroe :amc TEL I•;o . Jar r , 'a_' 10 : 01 No . 007 VY, .r� AND ^Awk!NS ti.9 FEC`c NAS rT kC ET SAS_:M. INP ..SAC h:Ir{EYT9 Orb/O _ 1{'IEPUONE .rrl. rr _cFF F•Nr. `.R DOHTa4OFrF 61:•-581 2743 TEUE<nrrEn .. st Fr. ,rncrv. 90H Yr.r aeas January 7 , 199:3 VIA FAX A,IJ E RIiT C;� , ,, I L r Michael T, Snerc.Lnikl i I.E.- Pearl , McNiff , Crean, C--k s S e_t:an 3U Main Stieet Peabody, MA 01960 bear Mike: ,,aet with, you prior to the Co-missow ne6* ing on rr+ 4y to see if we coo sensibly reso3ve the issuer.. Please coota t me. Sincerely, r � r IOhN R. SERAVNI , SR. r712S, S&2. %il'i cc: Betsy Horne cc; JJuli Riemensuhn< JQ— Kevin T. Daly, Esq, cc: Leonard F. 3"eilWO; Esq - cc: William Munroe THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) IM /A-�C&L DATA TFL fJo . jaii T , 2 15 : 4 N . 007 F . 01 5 E=_ ftA F'Irvt, 5 �,/.lF lNi n.NG DARLING hI ICI.I.L [, 0.1 LPW , LUL Rh:.. `STREET y/iLE M, MAS SPC:nuSEYT� OI`3/U 't cLCi".Orrti OG.. >�w G2i2 .... k .. r CA1Z (yaob 7(1 -0?12 mnO. If LI1eYe lA 8 }L./FZR.. .. 755 11f. is ,blII1 e3�Crtlr Z Conservation Commission 4' Salem. Massachusetts 01970 YF F, Mme f) f''1A ti5�� G -1 G � CTS f r IT9 r] r�•' -1 v John and Frank Bertini N =� 284 Canal Street Salem, MA 01970 December 20, 1991 Dear Messrs. Bertini, The Conservation Commission is aware that your Order of Conditions (#64-159) for Canal Street and Kimball Road has expired. Therefore, no work may be done on the site until either a new Order , or an Extension, is granted. If the project is completed, the Commission is required to review the project to determine whether it meets the Conditions originally set forth in the Order . The Commission could then issue a Certificate of Compliance. The Commission has been contacted by adjacent land owners, who have stated that the drainage work has not been constructed as shown on the approved plan. If this is, in fact, the case, a Certificate of Compliance could not be issued until the construction conforms to that described in the Order . The other matter, which is a concern of the Commission and the neighbors, is the storage of potentially hazardous materials in the buffer zone. So that both of these issues can be resolved, we ask that you attend our next meeting, January 9, 1992 , at 7 : 00 pm, One Salem Green, Second Floor Conference Room. You may also want to contact Attorney Michael T. Smerczynski , who represents John and Clarana Ellis and Leo and Claire Pelletier . To expedite the resolution of this matter , the neighbors have agreed to meet with you prior to the Commission' s meeting. Mr . Smerczynski can be reached by telephone at 531-1710, or by mail at 30 Main Street, Peabody, MA 01960-5552. The Commission could grant you a ratification and extension of the original Order, or a Certificate of Compliance, provided that you conform to the original plan. If you fail to comply to the Order of Conditions, the Commission may be forced to take legal action. Thank you for your cooperation in resolving this matter . Sincerely, --�1 -,-2, ,, Betsy Horne Chairperson cc: Michael T. Smerczynski , Attorney for the Pelletiers and Ellises Kevin T. Daly, City Solicitor Leonard F. Femino, Assistant City Solicitor William Munroe, Building Inspector ex\ccbl J 310 CMR 10.99 Forth 9 DEP Fie No. (To oe orovioea oy DEP) Crtv Town Salem - Commonwealth of Massachusetts Aooucant John Bertini Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131, §40 From Salem Conservation Commission Issuing Authority To John and Frank Bertini Date of Issuance December 20, 1991 Property lot.,oarcel number, address 984 Canal Straat Extent and type of activity: 1. Not conforming to an Order of Conditions. 2. Doing work in the Buffer Zone without a valid Order of Conditions. The Salem Conservation Commission has determined that the activity described above is in violation of the Wetlands Protection Act. G.L. c. 131, §40, and the Regulations promulgated pur- suant thereto 310 CMR 10.00. because: S Said activity has been/s being conducted without a valid Order of Conditions. 1, Said activity has beentis being conducted in violation of an Order of Conditions issued to John and Frank Bertini dated March 24, 1988 File number 64-159 Condition numbers) 2. Other(specify) The Commission hereby orders the following: :X The orooerty owner, his agents. permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. ❑ Wetland alterations resulting from said activity shall be corrected and the site returned to its original con- dition. 9.1 Effective 11/10/89 Issues Dv Salem Conservation Commission Commission _ Comoietec aooucahon forms ano plans as reowrec D,t the Act ano Reawauons snail be hien wim the on or oetore loatei ano no Curtner worK snail be performed until a pUDLc neanna has Deen nelg ano an Orcer of Conoit;Ons has been issued to reaulate sato work. Application forms are available at.. The DroDenv owner snail take every reasonable steo to Drevent turther violations of the act $ Other IsDecify) Appear at the January 9th, 1992 meeting. Failure to comow with this Orcer may constitute grounds for Iecial action. Massacnusetts General Laws Cnao. ter i 1-1 . Section 40 provides: Wnoever violates any provision of this section shall be punished by a fine of not more titan rwenry-five tnousan0 dollars or by imprisonment for not more than TWO years or both. Each day or portion tnereof of continuing violation small constitute a separate offense. Ouesttons recaraing this Enforcement Order should be otrected toJuli Riemenschneider. Conservation Administrator Issueo Salem Conservation Commission Sionaturelsi (Signature of Dei very Derson or certlfiec mad numoer) 9-2b f EGr.I^;B DF 4:PFcALS PEARL, Mc1VIFF, CREAN, COOK & SHEEHAN COUNSELLORS AT LAW 30 MAIN STREET JULrn�S�� JOHN J.JENNINGS(I 931-1990) PEABODY,MASSACHUSETTS 019605552 „A3j V 7pT_OMAS'I Q. REGAN SAMUEL PEARL,COUNSEL `J MI[CHfA` �T.` LERCZYNSKI PEABODY(508)531-1710 „=r Y JOHN A.MCNIFF,COUNSEL r LiTNEW J. KAVANAGH BOSTON 16171 209-3456 T _ { C} OF J.f�,j_C�ICtA�lYCE JHO KEEFE JOHNUR J.FRAWLEY,JR.,COUNSEL OULDEN FA%(508)531-AB95 EN JOHN M.CREAN LAWR OLIVER T.COOK WILLIAM H.SHEEHAN III July 29 , 1991 Mr. James Sprague, Wetlands Sect . Commonwealth of Massachusetts Department of Environmental Protection Metropolitan Boston-Northeast Region 5 Commonwealth Avenue Woburn, Massachusetts 01801 Re : DEP File No: 64-180 Owner: Je-fferson- Trust----— Locus : 284 Canal St. , Salem, MA Dear Mr. Sprague: Over the last two weeks I have attempted to contact you by leaving many messages on your telephone recorder. As you know, this office is counsel to Claire Pelletier, et al , relative to the above-captioned "Request for Superceding Order" . This par- ticular case has been pending for over one year and, as such, my clients respectfully request an update as to your Depart- ment ' s progress . Further, my clients inform me that further violations have occurred within the Resource Area in the form of asphalt paving without the benefit of Conservation Commis- sion approval . My clients respectfully request a response to both these issues ; said allegations are to be disseminated to the appropriate city officials by sending a copy of this letter to the appropriate personnel . Awaiting to hear from you. Very truly yours , Michael T. Smerczynski CC: Claire Pelletier y6hn Serafini, Esquire ✓William H. Munroe • John Vallis , Esquire MTS :amc •' PEARL, MCNIFF, CREAN, COOK & SHEEHAN COUNSELLORS AT LAW 30 MAIN STREET JOHN J.JENNINGS(1931-1990) PEABODY,MASSACHUSETTS 01960-5552 THOMAS C. REGAN SAMUEL PEARL,COUNSEL MICHAEL T.SMERCZYNSKI PEABODY(508)531-1710 JOHN A.MCNIFF,COUNSEL MATTHEW J. HOULDKAVANGH BOSTON(617)269-3456 ARTHUR J.FRAWLEY,JR.,COUNSEL MICHAEL S_HOULOEN FAX(508)531-4895 JOHN M.CREAN LAWRENCE J.O'K EEFE OLIVER T.COOK WILLIAM H.SHEEHAN III July 29 , 1991 Mr. John Vallis , Chairman Salem Conservation Commission City Hall Salem, Massachusetts 01970 Re: Order of Conditions 64-159 Dear Chairman Vallis : This office is counsel to Mr. and Mrs . John Ellis and Mr. and Mrs'. Leo Pelletier of 71/2 Adams Street, Salem, Massachu- setts relative to the above-captioned Order of Conditions rendered by your board over two years ago and pertaining to property abutting Kimball Road. To date, the conditions , as they specifically apply to the revegetation of the area proxi- mate to the Ellis property have not been addressed, and, the drainage pipe, also subject to said order of conditions, was not located in an area consistent with the original plan. By this communication my clients respectfully request that the Conservation Commission take the appropriate remedial measures including, but not limited to, conducting an investigation into the, allegations set forth above and permitting my clients an opportunity to be heard. Awaiting to hear from you. Very truly yours, Michael T. Smerczynski CC: Claire Pelletier ohn Serafini, Esquire William Munroe MTS:amc APPLICATION KADULT NUMBER Trial Court of Massachusetts FOR COMPLAINT O JUVENILE District Court Department ❑ ARREST &HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Salem District Court named defendant, charging said defendant with the offense(s) listed below. 65 Washington Street DATE OF PPLICATION DATE OF OFFENSE C OF OFFE SE / � Salem. MA.01910 NAME OF COMPLAINANT / � ' ` _ _ /N/ //1, .tom 14 . M t/ N�(� �-�•-A-S(� � fit" 5�-7 .5 NO. OFFENSE G.L. Chr and Sec ADDRESS AND ZIP CODE OF COMPLAINANT V f_/ R I o ! C /'i^�� /�/�-1...�..• /'>'i�•.vL X i. df—— Z—O.Liwf,— 2. k NAME,ADDRESS AND ZIP CODE OF DEFENDANT - Jo 7.1A— , T2uS Gc S T �^�y ._..c-'•rr— 3. ' 4. COURT USE A hearing upon this complaint application DATE OF HEARING TI ME OFHEARING COURT USE ONLY—► will be held at the above court address on AT ONLY CASE CASE PARTICU JS — BE SP CIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY V VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. - - $250. • Marijuana,gun,etc. t 2 3 4 OTHER REMARKS: SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME A O 3 r D rr Z D Z N C-) O DC-CR2(3/88) /V-e ✓e � r-e �e�✓ecl �Qr �itiecf �2 ��er- i ea rc1 bac` P 268 692 048 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) int to G °i treet and No. a�F ell- n P.O..S e dgp ZIP Code h u N ? Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to hom and Date Delivered Un m Return Receipt showing to whom, I4ate,and Address of Delivery v . 30TAL.Postage and Fees S r 0 Postmark or Dale p ( _ STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see ham) 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand It to your rural carder. (no extra charge) 2. It you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mall the article. 3. If you want a return receipt,write the certified mall number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per- mits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter tees for the services Paquested in the appropriate spaces on the front of this receipt. It return receipt is requss!K;cbeq ffie applicable blocks in item 1 of Form 3811. .r 6. Save ibl:receipt and present K.!you make inquiry. *U.SAP0.1989-234-655 Citp of 6atem, Aaggacbugettg Public Property Department �3uffbing Department One balem Orren 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer October 9, 1990 John Bertini , Trustee Jeffer_son_Trus-t------, <2841286 Canal-Street-1 Salem MA 01970 Dear Mr. Bertini : In a letter dated June 27, 1990 to Richard A. Bencal , Chairman, City of Salem Zoning Board of Appeal , you withdrew your application for an Administrative Ruling and you advised the Board of Appeal that Pumell Construction would be served with notice to vacate the premises known as 284 Rear Canal Street. I continue to receive complaints stating that Pumell Construction still occupies this property in violation of the City of Salem Zoning Ordinance. If this matter is not resolved within seven (7) days of receipt of this letter I will be left with no recourse but to initiate the appropriate legal action against Jefferson Trust. Sincerely, C" William H. Munroe Zoning Enforcement Officer WHM:bms cc: Mayor Harrington City Solicitor Mark Blair, Ward Councillor John Serafini , Sr. , Esq. ?--", Certified Mail #P 268 692 048 J ��,,� � wry, SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW OCT I J !�J 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 CITY U;�' L,i_ 1A55, JOHN R. SERAFINI. SR. TELEPHONE JOHN R. SERAFINI.JR. ."�--s 506-%440212 JOHN E. DARLING October 11, 1990 517-561-2743 WENDY L. THAYER �r- TELECO PIER JOSEPH P. COLONNA 506.741.4663 SERVICE BY CONSTABLE Mr. Paul LeBlanc President, Pumel Enterprises 19A Hardy Street Danvers, MA 01923 Dear Mr. LeBlanc: 7- � � f I 'm attaching a copy of the letter received by John Bertini, Trustee, from the City of Salem Building Department. As I indicated to you when we sent you the original Notice to Quit, copy attached, you are occupying the premises in violation of the Zoning Ordinance, and therefore the City is legally correct in taking the action they have taken. Your failure to cooperate with John Bertini has placed an unfair burden on him, and has caused him continuing expense. You have now exposed him to possible greater expense, as well as possible legal action by the City of Salem. This situation cannot be tolerated, and as you must realize, it is_unfair-of--.you-=to-place-him_.in-that-position.-,Accordingly, `you are hereby__notified to quit, vacate and deliver up the premises occupied- -- byyou within fourteen (14) days of- the_date of ts hi Notice.r Otherwise legal action will commende and you will be held responsible for any and all damages and expenses incurred by Mr. Bertini, either as a result of City of Salem action against him or any other expenses arising out of your continued unlawful occupation. Be advised that at the end of the fourteen day period you will be considered a trespasser on the property, and action will be taken to remove your vehicles at your expense. I strongly suggest that you seek legal advice in this matter if you have not already done so. Very truly yours, JEFFERSON TRUST a i s attorney, � OH R. SERAFINI, S32. JRS,SR. /ln cc: Mayor Neil J. Harrington cc: Kevin Daly, Esq. , City Solicitor cc: William H. Munroe, Building Inspector a UP of 6aiem, Aaggarbugettg " w Public Propertp Department Nuilbing Department One 6alrm &rrrn 745-9595 (Ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer October 9, 1990 John Bertini , Trustee Jefferson Trust 284-286 Canal Street Salem, MA 01970 Dear Mr. Bertini : In a letter dated June 27, 1990 to Richard A. Bencal , Chairman, City of Salem Zoning Board of Appeal , you withdrew your application for an Administrative Ruling and you advised the Board of Appeal that Pumell Construction would be served with notice to vacate the premises known as 284 Rear Canal Street. I continue to receive complaints stating that Pumell Construction still occupies this property in violation of the City of Salem Zoning Ordinance. If this matter is not resolved within seven (7) days of receipt of this letter I will be left with no recourse but to initiate the appropriate legal action against Jefferson Trust. Sincerely, C..���IiAW Com/ William H. Munroe Zoning Enforcement Officer WHM:bms cc: Mayor Harrington City Solicitor Mark Blair, Ward Councillor John Serafini , Sr. , Esq. ✓ Certified Mail #P 268 692 048 SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 JOHN R. SER.FINI. SR. TELEPHONE JOHN R. SCRwfINI.JR. 50 a 744.0212 JOHry L. DwHLINO 617-5612743 WErvOY L. TnAYER JOSCPn P. COLOHNw TELECOPIER 50a-741-4683 June 29, 1990 Mr. Paul LeBlanc President, Pumel Enterprises 19A Hardy Street Danvers, MA 01923 Dear Paul: As you know, the Building Inspector has ruled that the use you are making of the property at 284 Rear Canal Street is in violation of the B-2 Zoning requirements. The Bertinis, therefore, have no choice but to require you to vacate the premises within sixty (60) days of receipt of this letter. Sincerely, Jf1HN R. SERAFINI, SR. JRS, SR. /ln Attorney for Landlord cc: John Bertini Jefferson Trust cc: William Munroe Personal and Confidential 81JIE ?IN- DEpI NEIL A. HOURIHAN SIX LYNDE STREET ATTORNEY AT LAWtYD� �� SALEM, MASSACHUSETTS 0 7 IY 8 55 AH 190 508-745-6990 RECEIVED CITY OF S,ALEH,MbSS. November 5, 1990 John R. Serafini , Sr. SERAFINI , SERAFINI AND DARLING 63 Federal Street Salem, MA 01970 -,Re :- Pumel Construction--'Bertini—Land- Dear John : As per our conversation of today, Mr. LeBlanc , President of Pumel Construction Co. has made arrangements to move his equipment from Mr. Bertini ' s land to an alternate site in Salem. The move will be accomplished with all due deligence , however, certain site preparation is necessary to insure safety for his equipment . The fence located on Mr. Bertini ' s land was placed there by my client who intends to remove the fence and construct same at the new location . Thank you for your cooperation in this matter. Very truly yours , Neil A . Hourihan NAH : Icj cc : Paul LeBlanc , Pumel Construction Kevin Daly, Esquire , City Solicitor BUILDING DEPT SERAFINI, SERAFINI AND DARLING (J�y gip/ (� to /y�'qI ATTORNEYS AT LAW OCT I u �/ 0 AM '90 63 FEDERAL STREET 12 E4 EIVL a SALEM. MASSACHUSETTS 01970 CITY OF SALEM,I4AS6, JOHN R. SERAFINI, SR. k TELEPHONE JOHN R. SERAFINI.JR. 506-7440212 JOHN E. DARLING October 11, 1990 617-5612743 WENDY L. THAYER JOSEPH P. COLONNA TELECO PIER 506-7414663 SERVICE BY CONSTABLE Mr. Paul LeBlanc President, Pumel Enterprises 19A Hardy Street Danvers, MA 01923 Dear Mr. LeBlanc: I 'm attaching a copy of the letter received by John Bertini, Trustee, from the City of Salem Building Department. As I indicated to you when we sent you the original Notice to Quit, copy attached, you are occupying the premises in violation of the Zoning Ordinance, and therefore the City is legally correct in taking the action they have taken. Your failure to cooperate with John Bertini has placed an unfair burden on him, and has caused him continuing expense. You have now exposed him to possible greater expense, as well as possible legal action by the City of Salem. This situation cannot be tolerated, and as you must realize, it is unfair of you to place him in that position. Accordingly, you are hereby notified to quit, vacate and deliver up the premises occupied by you within fourteen (14) days of the date of this Notice. Otherwise legal action will commence and you will be held responsible for any and all damages and expenses incurred by Mr. Bertini, either as a result of City of Salem action against him or any other expenses arising out of your continued unlawful occupation. Be advised that at the end of the fourteen day period you will be considered a trespasser on the property, and action will be taken to remove your vehicles at your expense. I strongly suggest that you seek legal advice in this matter if you have not already done so. Very truly yours, JEFFERSON TRUST a 4OHR. SERAJF�INI, Sit. JRS, SR. /ln cc: Mayor Neil J. Harrington . cc: Kevin Daly, Esq. , City Solicitor cc: William H. Munroe, Building Inspector Citp of harem, Aaaacbugettg Public Propertp 3Department 36uilbing Mepartment Ont *altm &rten 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer October 9, 1990 John Bertini , Trustee Jefferson Trust 284-286 Canal Street Salem, MA 01970 Dear Mr. Bertini : In a letter dated June 27, 1990 to Richard A. Bencal , Chairman, City of Salem Zoning Board of Appeal , you withdrew your application for an Administrative Ruling and you advised the Board of Appeal that Pumell Construction would be served with notice to vacate the premises known as 284 Rear Canal Street. I continue to receive complaints stating that Pumell Construction still occupies this property in violation of the City of Salem Zoning Ordinance. If this matter is not resolved within seven (7) days of receipt of this letter I will be left with no recourse but to initiate the appropriate legal action against Jefferson Trust. Sincerely, William H. Munroe Zoning Enforcement Officer WHM:bms CC: Mayor Harrington City Solicitor Mark Blair, Ward Councillor John Serafini , Sr. , Esq. ✓ Certified Mail #P 268 692 048 SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW 63 FEDERAL STREET SALEM. MASSACHUSETTS 01970 JOMN R. SERAFINI, 5R. JOHN R. SERAFINI.JR. TELEPHONE JO-N E. DARLING 506.744.0212 WENDY L.THAYER 617-561-2743 J05EPM P.COLONNA TELECOPIER 508-741-46 03 June 29, 1990 Mr. Paul LeBlanc President, Pumel Enterprises 19A Hardy Street Danvers, MA 01923 Dear Paul: As you know, the Building Inspector has ruled that the use you are making of the property at 284 Rear Canal Street is in violation of the B-2 Zoning requirements. The Bertinis, therefore, have no choice but to require you to vacate the premises within sixty (60) days of receipt of this letter. Sincerely, JQHK R. SERAFINI, SR. / JRS, SR. /ln Attorney for Landlord cc: John Bertini Jefferson Trust cc: William Munroe Personal and Confidential City of Oatem, Alaaacbuottg Vub(ic Propertp ;Department � g 43uffbing ]Department One 6alent Oreen 745-8595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer June 29, 1989 Walter B. Power III Chairman, Planning Board One Salem Green Salem, MA 01970 RE: Council Order i84 Rear Canal Street Dear Walter: The question of use of the above referenced property was raised by Philip Moran, Chairman of the Conservation Commission in April of this year and my response to his request was forwarded to the Commission, by letter, on April 25, 1989• In my letter I requested certain information be provided to assist this Office in:: making a proper determination regarding the use of the property and the zoning district in which it is located. I have not as yet received this information. As soon as it is available I would be pleased to give you my determination. I have enclosed copies of prior correspondence and pertinent information regarding this matter. Sincerely, • 00* iliam H. Munroe Zoning Enforcement Officer WHM:bms cc: Council President Councillor of Ward 7 Mayor Enclosures �,GiAitd Cr `oN CITY OF SALEM 3�, a •, y R,- " `�CpyM�,pVt~ �IfY OF S .PLLls .� ,Pl?SS- In City Council, Tctnc Ordered: TLiu f 714 e -2on i)."; �Carean...Ir>* C�;/r 1 r iUJG et e, I.,) Pilie H - aP ke lwliun i l d L1 C414 rP_ rr/niv° '7A UJP 0f � 4Y —� /� i ctmd / PlramR eL /d'4 of zqe gee• r Q-F a;4 ek /«ki,. 4—a -f- I / h el vo 41'e; r Okv� e ���ar y/X J�Jrl �f'1. �( iA lei, ,, L, our / /_ 7 e ewre. is /Id f �1rM, *ed .�Y r�yhf Gf �'k. �t„;/diAc //oAcr�h�yll In City Council June 22, 1989 Adopted Approved by the Mayor on June 27, 1989 ATTEST: ( OSEPHINE R. FUSCO CITY CLERK UP of *aiem, Jffia5garbUgett5 Public Propertp -Department TS"te e �3uilbing Department _ One *alem green 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer APrii 25, °.g9 Philip D. Moran, chairman Conservation Commission City of Salem RE: 234 Canai ::_. eet Rear Dear Mr. Moran: As requested in your letter of April 19, 1989 this Department has researched the property located at 234 Canal Street Rear, with the following findings: 1 . The property has had several zoning designations over the years, industrial, B-1 (Neighborhood Business) and its current B-2 (Highway Business) . in each case the area has remained pretty much the same, approximately three hundred ( 300) Ceet in from the center line of Canal Street. 2. Under the current 13-2 zoning a trucking business such as Pumel Construction would not be a use permitted by right. However, due to the zoning changes it would be important for this depart- ment to know when this use, a trucking company, was first es- tablishea at the site. This use is a permitted use in an Industrial zone and perhaps the use could be so called "Grand- fathered". There is no one presently with my office that can recall when this use first started at the site and I would expect that the burden of proof for a starting date would fall on the property owner. Once I have that information I will be better able to answer whether it is a permitted use of not. As I indicated above, the zoning line on the attached flood insurance rate map is approximate. As this department does not survey private property, if an exact line location is required,I would suggest you make a request to the City Engineering Department for assistance as permitted under the City Zoning Ordinance. Please advise if I can be of further assistance. Sincerely, William H. f4unroe . •WSJ3f! 1 r � � N m RZ i �`^ N BOOK NO. 3-A CITY OF SALEM AMENDMENTS TO 1965 ZONING ORDINANCE (Book No. 3) 1969 - 1983 September 2, 1969 - 689 - MAJOR F=SIONS TO ZONING ORDIN[ANC£ (A new 1965 Map including the 1969 revisions was made, as the previous 1965 map was found to be inaccurate in scaling.) * August 1, 1972 - 709-B - CENTRAL DEVELOPMENT DISTRICT B-5 May 28, 1974 - 414 - F=.AL, OF SECTION ON SWIMMING POOLS July 18, 1974 - 419 - RESIDENTIAL DENSITY REGULATIONS R-2 and R-3 DISTRICT'S * December 3, 1974 - 903 - ZONING MAP CHANGE - T4ARD 7 - FROM R-1 AND R-C TO R-3 DISTRICTS January 3, 1975 - 690 - DENSITY REGULATIONS - R-3 DISTRICTS, EXCLUDING HOUSING FOR ELDERLY (1974) February 3, 1975 - 765 - EMSITY REGULATIONS - MAXIM]MM HEIC;RI? OF BUILDINGS, EXCLUDING HOUSING FOR ELMY (1974) October 29, 1975 - 852 - CONTROLLED GROWTH ORDINANCE June 1, 1976 - 163 - S11IM2,UNG POOL ORDINANCE * September 15, 1976 - 611 - DERBY STREET CHANGE - FROM B-4 DISTRICT TO B-5 * *November 9, 1976 - 733 - NOFMMY STREET CHANCE - 733 - FROM I DISTRICT TO R-2 DISTRICT March 14, 1977 - 153 - WETLAND AND FLOOD HAZARD DISTRICTS May 5, 1977 - 285 - AMENDMENTS IN COMPLIANCE WITH CHAPTER 808, G.L. May 5, 1977 - 286 - CLUSTER RESIDEMTPIAL DEVELOPMENT May 5, 1977 - 287 - PLANNED UNIT DEVELOPMENT * May 20, 1977 - 347 - DERBY & CCNGRESS STREET (PIOKERING PROPERTY) FROM B-4 TO B-5 DISTRICT March 24, 1981 1063-A - CONVERSION OF RENTAL HOUSING TO (1980) 0CNDUM4IU4S August 2, 1983 - 868-A - AMIIUSEMIEMTT DISTRICT (1982) * *TAP CINP,M?CES � y A TRUE DOPY- nmmmcm -18- Councillor Perron amended to delete #21 Ln its entirety and insert the folio new item }421. 110. 21 - Ward 7 -- In an existing I (Industrial) District starting on the center. of Jefferson Avenue on the overpass crossing the Boston and Plaine Railroad Main L tracks extend line in a southwesterly direction along the cneterline of Jefferson ( Avenue to a point 700 feet beyond the starting poin. An area 1140 feet from the ci line of Jefferson Avenue in a northeasterly direction, now in the I (Industrial) District shall be changed to a B-1 (Neighborhood Business) District. No 21 as amended was adopted by a roll call -vote of 10 yeas, 0 nays, 1 absent No. 22 - Ward 7 - Beginning at a point on the northerly line of Vinnin Street 161 ( northeast of an established Essex County Stone Bound, thence extending in an east( \direction along the northerly side of Vinnin Street 723.62 feet, thence turning ar extending in a northwesterly direction 100 feet, thence turning in a southwesterly direction and extending 1478.21 feet, thence turning in a northwesterly direction.a extending 130.05 feet, thence turning in a southerly direction and extending 164.9 feet to the starting point an Vinnin Street. The existing R-1 (one Family Resides District shall be changed to a B-2 (Highway Business) District. Councillor Perron moved that No. 22 be deleted in its entirety. Councillor Butler, acting as temporary Chairman for President Perron declared No. 22 defeated by a roll call vote of 10 yeas, 0 nays and 1 absent. No. 23 - Ward 7 - Starting at a point on the centerline of Lafayette Street at the cneterline of Lafayette Street at the centerline of the Forest River Bridge, then extending along the centerline of Lafayette Street in a southeasterly direction apn, mately 175 feet to the Salem-Harbl.ehead boundary line, thence turning in a general northeasterly direction and extending along the shoreline of upper Salem Harbor, tl turning and extending in a general western direction along the shoreline approcimal 215 feet to the centerline of the Forest River inlet, thence turning in a general southern direction and extending along the centerline of the Forest River inlet ap, `l matelY 335 feet to the centerline of Lafayette Street, Family Residential) District. the starting point. The e)d ing R-3 (Multiple Family-Residential) District so bounded shall be changed to a R-] No. 23 was adopted by a roll call vote of 2 yeas, 1 nay and 1 absent. No. 24 - Ward 7 - Starting at a point on the centerline of Canal Street at the irate section of Loring Avenue extend a line northwesterly along the cneterline of Canal approximately 1000 feet to the centerline of the Boston & Maine Railroad spur track thence turning and extending along the spur track in a northwesterly direction to a point 300 feet perpendicular from the centerline of Canal Street; thence turning an extending in a southerly direction a line that is 300 feet from and the centerline of Canal Street; thence extending this line approximately 111400 ffeetoto t centerline of Jefferson Avenue; thence turning in an easterly direction and extendi a line along the centerline of Jefferson Avenue approximately 1400 feet to the inter s section of the centerlines of Canal Street and Loring Avenue. The exiting B-1 . (Neighborhood Business) District shall be changed to a B-2 (Highway Business) Distr: No. 214 was adopted by a roll call vote of 9 yeas, 1 nay and 1 absent.. i No. 25 - Ward 7 - Starting at a point at the intersection of the centerlines of par. Avenue and State Road extend a line along the centerline of State Road extend a lin( along the centerline of State Road approximately 600 feet in a southeasterly directs to the centerline of Vinnin Street; thence turning in an easterly direction and exte 1 g agginVinnin Street approximately 1400 feet; thence turning in a northwesterly di g along the lot line approximately 500 feet to the centerline of Paradise Avenue; thence turning and extending in a northwesterly direction approxima 35o feet along the centerline of Paradise Avenue to the centerline of paradise Avenu l� to the centerline of State Road, the starting point. The existing B-1 (Neighborhood Business) District shall be changed to a B-2 (Highway Business) District. Councillor Perron moved that No_ 99 he �oio+va ? %f SUILDING OEi T Conservation Commission RISale•nl. Massachusetts 1119711 APR 20 IO 44 AM '39 _ RECEIVED CITY OF SALE?4,14ASS. April 19, 1989 William Munroe Inspector of Buildings One Salem Green Salem, MA 01970 Dear Mr. Munroe: The Salem Conservation Commission is in the process of investigating possible violations to the Wetlands Protection Act at the site of Pumel Construction, 284 Canal Street Rear. During the course of this inquiry, it has come to our attention that portions of this operation may be located in a Residential Conservation Zone. To assist us in our investigation, the Conservation Commission requests that the Building Department issue a written determination which indicates how the Pumel Construction site is presently zoned and advise the Commission as to whether this operation is an allowable use. Since this item is on our next agenda, we request that, if possible, this information be made available to the Commission before our next scheduled meeting on Thursday, April 27, 1989. Thank you for your help in this matter. If you have any questions, please do not hesitate to contact me or Kathleen Winn, Conservation Administrator. Sincerely, PhiliD rfMv oran / Chairman M48 _y. Titg of Salem, �Httssarhusetts ?uILDNt DEPT (Offire of toe @litg (Ilounril nuc 30 9 RM 90 nM' MARK E. BLAIR SHF4'1 4ASS. COUNCILLORS-AT-LARGE PRESIDENT CITY OF 1990 - GEOORGERGEA.A.NOWAK JOSEPHINE R. FUSCO KEVIN R.HARVEY DONALD T.BATES CITY CLERK VINCENT J.FURFARO GEORGE P.McCABE LEONARD F.O'LEARY JOHN R.NUTTING RICHARD E.SWINIUCH DAVID B.GAUDREAULT SARAH M.HAYES MARK E.BLAIR August 29 , 1990 Mr. William Munroe 1 /�► r-leL S! Zoning Enforcement Officer City of Salem Salem, MA 01970 Dear Mr. Munroe: Enclosed is a letter dated June 29, 1990 from Attorney John Serafini to Paul LeBlanc, President of Pumel Enterprises . Attorney Serafini had given Mr. LeBlanc 60 days to vacate the property at 284R Canal Street. Pumel Enterprises continues to operate in violation of the City of Salem Zoning Laws . I am requesting that you take whatever action is necessary to enforce the law. Pumel Enterprises has been aware of a zoning violation for the past two years . Please take immediate action, as this matter should not continue to be delayed. Please contact me if you' d like to discuss this matter further. Very - truly yours, MARK E. BLAIR COUNCILLOR WARD SEVEN MEB/deb Copy: Mayor Harrington Conservation Commission Chairman L:,IIIc ;D"rF'T SERAFINI, SERAFINI AND DARLING')UeA/ ATTORNEYS AT LAW =77! t7Sf'�T- III 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 itC_Iw I-ID M) Gr JOHN R. SERAFINI. SR. TELEPHONE JOHN R. 5ERAFINI,JR. 508.7440212 JOHN E. DARLING 617 5 81-274 3 WENDY L. THAYER TELECOPIER JOSEPH P. COLONNA 508.741.4683 June 29, 1990 Mr. Paul LeBlanc President, Pumel Enterprises 19A Hardy Street Danvers, MA 01923 Dear Paul: As you know, the Building Inspector has ruled that the use you are making of the property at 284 Rear Canal Street is in violation of the B-2 Zoning requirements. , The Bertinis, therefore, have no choice but to require you to vacate the premises within sixty (60) days of receipt of this letter. Sincerely, JQHN R. SERAFINI, SR.' Attorney for Landlord JRS, SR. /in CITY OF SALEM BUILDING DEPARTMENT q CITY HALL ANNEX ; g ONE SALEM GREEN SALEM, MASSACHUSETTS 01970 i � , 799d i v i �- M \ i • ,� •• � .� _ v. � .. 1 �� 1ppe �, rK' n r F M At Y.i v { l Y� 1 �9 a I, --- - % f � ` s` r•r � �. s — . ::, -- — - �. �. �. •� � � � _ li !R ��� N, 490 • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your addressin the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return recei t fee will rovid2 ou the name of the e, on delivered to and the date of deliver . For ad itiona fees t e ollowing services are available. onault postmaster or Tees an c eck boxles or additional service(s) requested. 1. Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number John & Frank Bertini P 268 692 008 284-286 Canal St. Type of Service: Salem, MA 01970 ❑ Registered ❑ Insured Certified 11 C01) Express Mail E] Return Receipt RE: Bertini Land & Kimball Road for Mercnan ise Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature — Addressee 8. Addressee's Address (ONLY if X requested and fee paid) 6. Signature — Agent X 7. Date of Delivery PS Form 3811, Apr. 1989 +U.S.G.P.O.1989-238-815 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address and ZIP Code in the space below. • Complete items 1,2,3,and 4 on the reverse. U.S�O • Attach to front of article if space permits, otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO Maurice Martineau, Asst Building Inspector One Salem Green Salem, MA 01970 • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return receipt fee will provide you the name of the person delivered to and the date off deliver . For additional tees the o lowing services are available. onsu t postmaster or tees an ched ck box(es)for additional service(s) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4cle Number Type of Service: ❑ Registered Ll Insured ❑ Certified ❑ COD ( El Express Mail ❑ Return Receipt for Merchandise J Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature — Ad ressee 8. Addressee's Address (ONLY if X requested and fee paid) 6. Sign ure — Ag t X 7. Date of liver _ PS Form 3811, Apr. 1989 ♦U.S.G.P.O.1989-238-815 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE I I I (I OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address and 21P Code in the space below. • Complete items 1,2,3,and 4 on the � reverse. U.S.MAILO • Attach to front of article if space permits, otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RETURN Print s name, address, and ZIP Code in the space below. TO °197a ISSENDER: Complete items 1 and 2 when additional services are desired, and complete items ' 3 and 4. Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return recei t fee will rovide ou the name of theperson delivered to and the date of deliver . For additional ees the ollowing services are available. onsu t postmaster Tor tees and eck boxles or additional service(s) requested. 1. Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: * 4. ArticleNumbs Tetrault Hot Top o74Mal ego Buddy Collette Type of Service: 22 Howard St. ❑ Registered ❑ Insured Salem, MA 01970 Certified ❑ COD u Express Mail ❑ Return Recei t RE: Kimbal Rd. & Bertini LdaG of for Mehan a Always obtain signature of addressee �'�Nt o agent and DATE DELIVERED. P 5. Signatur — ddressee 8� ddressee's Address (ONLY if X AUGM quested and fee paid) XSig ture — gent 1990 7. Date of Delivery Po 1.-- PS Form 3811, Apr. 1989 +U.S.G.RO.1989.238-815 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE I II II I OFFICIAL BUSINESS SENDER INSTRUCTIONS adders and NS Print your name,address and ZIP Code in the space below. • Complete items 7,2,3,and 4 on the It reverse. • Attach to front of article R space permits, otherwise affix to beck of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO Maurice M Martineau, Acct Bldg Tn_ c__pector One Salem Green Salem, MA 01970 P 268 692 008 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) se`J6chn & Frank Bertini sM4aT"al st. w P O..State and ZIP Code a Salem Yl a Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered N Return Receipt showing to whom. Date,and Address of Delivery m TOTAL Postage and Fees S o Postmark or Date E RE: Kimball Rd. & Bertini Lane LL N 6 STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carder. (no extra charge) 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per- mits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is requested,check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. *US.c.P.o.1989-234-555 P 268 692 009 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) N a slefreault Hot Top sY?'flUard St. i P.O.,State and ZIP Code Salem R Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered N Return Receipt showing to whom, Date.and Address of Delivery d j TOTAL Postage and Fees S mPostmark or Date E RE: Kimball Road & Bertini Lane N d STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(am trout) 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked,stick the gummed stub to the night of the return address of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Form 3811,and attach It to the front of the article by means of the gummed ends it space per- mits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested In the appropriate spaces on the front of this receipt. If return receipt Is requested,check the applicable blocks in item 1 of Farm 3811. 6. Save this receipt and present it if you make Inquiry. *U.s.G.Po.1589-23x555 Citp of alem, Baaacbugettg Public Propertp Department 30uilbing Department One balent Oreen 745-9595 GCxt. 380 William H. Munroe - Director of Public Property _ Inspector of Buildings Zoning Enforcement Officer August 15, 1990 John & Frank Bertini 284-286 Canal St. Salem, MA 01970 RE: Kimball Road and Bertini Lane Gentleman: In response to a request, an investigation of the above referenced site was made by this Department on August 14, 1990 with the following results: 1 . A storage shed has been erected on the site without benefit of permit and in violation of setback requirements. 2. 55 gallon drums containing questionable materials, along with other debris are being stored on the site. You are hereby notified to take immediate steps to correct these violations. Failure to comply with this order will result in this office taking the necessary legal action to have said violations corrected. f )` Sincerely, /X(k.+4�t�/R• �Iwn.t. Maurice M. Martineau Assistant Inspector of Buildings MMM:bms cc: Mayor Harrington Councillor Blair Conservation Commission Board of Health Tetrault Hot Top, Buddy Collette, 22 Howard St. , Salem s� � 2 ? yy 5-a � � �0 Qfitg of ,*Ellett, �fflassarhufiett$ Office of the Citg Touncit i1, . IAo As , I� 1# tn,, Citg Xull D COUNCILLORS MARK E. BLAIR CITY 0i J; LFlj„,u$VP COUNCILLORS-AT-LARGE PRESIDENT GEORGE A.NOWAK 1990 DONALD T.BATES JOSEPHINE R. FUSCO KEVIN R.HARVEY CITY CLERK VINCENT J.FURFARO GEORGE P.McCABE LEONARD F.O'LEARY JOHN R.NUTTING RICHARD E.SWINIUCH August 10, 1990 DAVID B.GAUDREAULT SARAH M.HAYES MARK E.BLAIR Mr. William Munroe, Zoning Enforcement Officer City of Salem Salem, Ma 01970 Dear Bill: Would you please investigate the use of land by Tetreault Hot Top at the corner of Kimball Road and Bertini Lane? Tetreault Hot Top added a shed, 55-gallon drums, and other materials to this location. Under the City of Salem zoning code, the above mentioned, and the trucks currently parked here seem to violate the city codes. Much of this area is B-2 and residential . Please contact me if you have any questions . Thank you for your assistance. Yours truly, 4a,2,k 60 MARK E. BLAIR, Ward 7 COUNCILLOR cc: Mayor Harrington William Sheehan 30 Main St . Peabody Citp of balem, Alaggacbugettg j3ubtic Propertp ;Mepartment A�QpyMB�� Juitbing Department One 6alem Breen 745-9595 QCxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer August 15, 1990 John & Frank Bertini 284-286 Canal St. Salem, MA 01970 RE: Kimball Road and Bertini Lane Gentleman: In response to a request, an investigation of the above referenced site was made by this Department on August 14, 1990 with the following results: 1 . A storage shed has been erected on the site without benefit of permit and in violation of setback requirements. 2. 55 gallon drums containing questionable materials, along with other debris are being stored on the site. You are hereby notified to take immediate steps to correct these violations. Failure to comply with this order will result in this office taking the necessary legal action to have said violations corrected. Sincerely, Maurice M. Martineau Assistant Inspector of Buildings MMM:bms cc: Mayor Harrington Councillor Blair Conservation Commission Board of Health Tetrault Hot Top, Buddy Collette, 22 Howard St. , Salem €3UILDINC DEPT SERAFINI, SERAFINIAND DARLINGJCJ41 ATTORNEYS AT LAW8 34 Aid `96 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 REGEIVEp CITY OF SALEM,NSS. JOHN R. SERAFINI. SR. TELEPHONE JOHN R. SERAFINI,JR. 506.744.0212 pF -JOHN E. DARLING 617.561-2743 s WENDY L. THAYER TELECOPIER JOSEPH P. COLONNA 509.741.4663 ^ June 29, 1990 Mr. Paul LeBlanc President, Pumel Enterprises 19A Hardy Street Danvers, MA 01923 Dear Paul: As you know, the Building=Inspector has-ruled that the use you are making of the property at 284 Rear Canal Street_is': in violation of the B-2 Zoning requirements. The Bertinis, therefore, have no choice but to require you to vacate the premises within sixty (60) days of receipt of this letter. Sincerely, i JQHN R. SERAFINI, SR. Attorney for Landlord JRS, SR. /ln LI`J f1lit� of $Ulem, Aussadjusetts ITT :,ice s Poara of '�kppeal JUL '•!7Y � July 5, 1990 Josephine Fusco City Clerk City of Salem Dear Mrs. Fusco: The Board of Appeal voted unanimously to allow the petition of John & Frank Bertini for an Administrative Ruling for property located at 284,E Rear `ACanal Street to be Withdrawn Without Prejudice. Sincerely, Richard A. Bencal Chairman, Board of Appeal RAB:bms nr I :i �. CITY Or M-E r r1AS$a June 27 , 1990 Mr. Richard Bencal, Chairman Board of Appeals One Salem Green Salem, MA 01970 RE: Matter of Administrative Hearing Requested by the Undersigned Trustee of Jefferson Trust Dear Mr. Chairman and Members of the Board The undersigned, who requested a hearing before your Board in connection with an administrative ruling by the Building Inspector, hereby withdraws said petition. Under all the circumstances, we have decided to notify the occupant of the property of the Building Inspector's determination, and will request that he vacate the premises. We, therefore, withdraw our petition. JEFFERSON TRUST by rh 1Cir%u� gOHN BERTINI, TRUSTEE BI)ILDINC, SEPT re tnr 21 Gl1LF OF MAINE RESEARCH CENTER INC. FEL'FIYEO ENVIRONMENTAL CONSULTING SERVICES CITY 204 LAFAYETTE STREET SALEM,MA 01970 (508)745-6618 FAX(508) 741-8648 Salem Conservation Commission 14 May 1990 One Salem Green Salem, MA 01970 ATTENTION: John Vallis, Esq., Chairman RE: DEP File No. 159, Property of Bertini, Salem, Massachusetts Dear Chairman Vallis: This letter is to provide further information regarding property of John Bertini, located atL284`Canal Street, behind Bertini's Restaurant, in Salem, Massachusetts. Gulf of Maine Research Center, Inc. (GMRC) recently received a copy of a May 2, 1990 letter directed to you from Mr. & Mrs. John Ellis and Mr. & Mrs. Leo Pelletier abutters to the above-referenced property (hereinafter "the abutters"). In this May 2, 1990 correspondence, the abutters expressed concern regarding the recent construction of a new storm drainage system, and the recent grading and paving of land at this Site. Specifically, the abutters expressed concern, that a number of measures which were outlined in the April 14, 1988 Order of Conditions permitting this work have yet to take place. The abutters, in their May 2, 1990 letter, state that their concerns are (sic): "regrading, seeding, replanting trees, regrading a 1 1/2 inch slope of loam all along an approximately 80 foot path near the drainage pipe, and the bank areas require alterations, regrading, and re-seeding". - . In. response to this letter, please note that the Wetlands Protection Act Regulations (310 CMR 10.05, 6.d.) state that "an Order shall be valid for three (3) years from the date of issuance." In _ _ z GULF OF MAINE RESEARCH CENTER INC. addition, these Regulations (310 CMR 10.08) state that the issuing authority may "extend an Order for one or more periods of up to three (3) years each". Our client, John Bertini, is well aware of this 3 year limitation and of his right of extension; furthprmore, he is aware that, prior to the issuance of a Certificate of Compliance, this work must be done. Because the original Order of Conditions was issued on March 24, 1988, the exixting permit is valid until March 24, 1991 . Lastly, please note that GMRC is currently working with the Massachusetts Department of Environmental Protection in order to finalize a Superseding Order of Conditions for another project at this Site (DEP File No. 64-180). Once this latter issue is resolved, our client is prepared to implement. the necessary measures in order to receive a Certificate of Compliance for work at this Site. trust that this letter serves to further clarify and alleviate the concerns of abutters to this project. If any further questions regarding this matter arise, please do not hesitate to contact me. Sincerely, Hugh F. Mulligan, PhD Director cc: Mr. James Sprague, DEP: Metro-Boston Northeast Region Mr. Walter Powers, City of Salem Planning Board Mr. Richard Doherty, Doherty Consulting Engineers Mr. Mark Blair, Ward 7 Councillor, City of Salem Mr. William Monroe, City of Salem Zoning Enforcement Officer Mr. John Serafini, Esq., Serafini, Serafini, & Darling Mr. George Levesque, City of Salem Board of Health Mr. William Sheehan, Esq. , Pearl, McNiff, Crean, Cook, & Sheehan Cftp of *alem, ;0Ia5gacbu2;ettg l ria Public Propertp Mcpartment �3uilbing Mcpartment One *alem oreen 745-9595 QCxt. 380 William H. Munroe Director of Public Property Inspector of Buildings " Zoning Enforcement Officer March 7, 1990 The Jefferson Trust John and frank Bertini , Trs. 284 Canal Street Salem, MA 01970 RE: Zoning Violationv_ 284 Re ar_-Canal_S.treet Gentlemen: This office, and the City of Salem, has spent considerable time in an attempt to resolve the zoning issues that relate to the above referenced property. Despite the efforts of Mark Blair, the Ward Seven Councillor and your Attorney, Mr. John Serafini Sr. , it would appear the only way the issue will be resolved is through the proper legal procedure, a public hearing before the Zoning Board of Appeal . Although the issue is a complex one due to the various zoning districts involved, there appears to be no question that the land presently occupied by Pumel Construction is in a B-2 Zoning District and is in violation of the City of Salem Zoning Ordinance relative to use. Should you choose to appeal this decision please make application to the Zoning Board of Appeal within thirty (30) days of receipt of this notice. Sincerely, `�✓� F0'y� William H. Munroe Zoning Enforcement Officer WHM:bms cc: Mayor Harrington Councillor Blair John Serafini Sr. , Esq. P 443 509 338 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED- NOT FOR INTERNATIONAL MAIL (See Reverse) nt t treat en�� P.O.,State and ZIP Code Postage $ Certified Fee Special Delivery Fee Fktricted Delivery Fee Return Receipt Showing to hom end Date Delivered Return Receipt Showing towhom, N Date,and Address of Delivery m TOTAL Postage and Fees $ a p„ Postmark or Date ti 0. STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS,POSTAOE, CERTIFIED NAR FEL AND CHARGES FOR ART SELECTED OPTIONAL SERNCES.Ova hwQ 1.If you want this receipt postmarked,stick the gummed ffidb2!hhe 10hpurtion of the address side of the article Ieaving the egcsiptottachad and prosent the article at a Postotfice servisewhldowor hand it to your rural carrier,(no ewd charge) 2 If you do not want this receipt postmarked,stick the gummed stub on the left portion of the address side of the article,date,detach and retain the receipt,and mag the article. 3.If you want a return receipt,write the certified-mail number and your name and address on a return mall t card,Form 3811,and attach ittothefrontofthe article by meansofthegummed ends H space permits.Otherwise,aft to back of article.Endorse tram of article RETURN RECEIPT REQUESTED adjacent to the number. 4.If you went delivery restricted to the addressee,or to an authorized agem of the addressee. endorse RESTRICTED DELIVERY on the front of the article. G.Enter fee*for the services requested in the appropriate spaces on the front of this receipt It return receipt is requested,check the applicable blocks In hem 1 of Form 3811. 8.Sava this receipt and present it R you make Inquiry. . • SEN R: Complete items 1 and 2 when additional services are desired, and complete items 3and4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from bein sturned to you.The return receipt fee will provide you the name of the arson delivered to and the Ste of deliver .For adaitio>�lees the folio wing serAcps are available. onsuC It postmaster Tor ee n c ec c ox elifor additional service(s) requested. = 1. Show to whom delivered, date, and addressee's'address. 2. ❑ Restricted Delivery (Extm charge) (Extra charge) 3. Article Addressed to: - 4. Article Number The Jefferson Trust P443 509 338 John & Frank Bertini, Trs. Type of Service: 284 Canal St. ❑ Registered ❑ Insured Salem, M4 01970 P'Certified ❑ COD ❑ Express Mail ❑ Return Recei t for Merchan ise RE: 284R Canal St., Salem Always obtain signature of addressee �? 7 or agent and DATE DELIVERED. 5. Sig aturpj Adfress. S. Addressee's Address (ONLY if X` iI 2 GG requested and fee paid) 6. S.§naa`t'uree —l.Agent X ✓ 7. Date of Delivery PS Form 3811, Mar. 1988 • U.S.O.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE ( I I I I OFFICIAL BUSINESS SENDER INSTRUCTIONS adders and NS Print your nems,address and ZIP Code the space below. • • Complete items 1,2,3,and 4 on the � reverse. U.SO • Attach to front ofarticle R apace peotherwisea affix to back of article. PENALTY FOR PRIVATE • Endorse ankle "Return Receipt USE, 3300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO William Munroe, Zoning Enforcement Officer City of Salem One Salem Green Salem, MA 01970 .c co.mrlb b Tito of tt1em, 'fflttssadjusetts Paurb of ( 1ypeal June 21 , 1990 William H. Munroe Zoning Enforcement Officer Inspector of Buildings One Salem Green Salem, MA 01970 Dear Mr. Munroe: As you are aware, the Zoning Board of Appeal agenda contains an item, number 9, from John & Frank Bertini , Trustees, Jefferson Trust, 284 Rear. Canal St. , for an Administrative Ruling regard:i!ng a decision from your department. It is requested from the Board of Appeal that either you or the inspector directly responsible for this project be in attendance.to assist the Board in their decision. It is also requested that,as a matter of course, should any further Administrative Rulings come before this Board that either you or the Building Inspector in charge of the project be in attendance at the meeting. Thank you for your cooperation in this matter. Respectfully, a�44" Richard A. Bencal Chairman RAB:bms dd: Mayor Harrington Board Members 1 BUILDING DEPT An 11 8 40 AM '!39 AFFIDAVIT CITY OfiEC SAL EN, LEpIbSS. I am John Barry Collette, owner of the business known as A. W. TETREAULT HOT TOP Co. , I have operated this business for over twenty (20) years . In the course of operating this business, we utilize various vehicles including trucks and other heavy equipment. Over the past twenty (20) years we have stored said vehicles on Kimball Road to the rear of the property known as the Bertini Restaurant, near Bertini Lane. The area we occupy today is approximately the same as we had been occupying for the past twenty (20) years . Several motor vehicles and trucks have been stored on the premises and in the general area during that period of time . I have conducted my business from this area continuously. The business today is the same as it was twenty (20) years ago . The business was started by my father-in-law Arthur W. Tetreault. To my knowledge this general area to the rear of the restaurant has been used by the business and its employees for the past 20 years. The above is a true statement. A. W. TETREAULT HOT TOP Co. Dated: July 26, 1989 By: e®c- ohn Barry lette SERAFINI, SERAFINI AND DARLING \a 1q ATTORNEYS AT LAW GUGIV JB !�' ,a� w aY • 63 FEDERAL STREET 25 " SALEM, MASSACHUSETTS 01970 WILLIAM MUNROE BUILDING INSPECTOR ONE SALEM GREEN SALEM, NTA 01970 c 0 .. OT ✓ .r cS3 e'F�'�eev s _ x� :�� BUILDING DEPT . SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW JUL 31 8 58 dM X89 63 FEDERAL STREET SALEM. MASSACHUSETTS 019]0 RECEIVED CITY Of SALEM,MASS. JOHN R. SERAFINI, SR. TELEPHONE JOHN R. SERAFINI. JR. 508-744 0212 JOHN E. DARLING 517 561-2743 LEWIS E. ANTONE. JR, TELECOPIER WENDY L THAYER 506-7414663 July 28, 1989 Building Inspector One Salem Green Salem, Massachusetts 01970 Att: Mr. William Munroe Dear Mr. Munroe: In connection with the matter of the use of the property to the rear of the Bretini restaurant adjoining Kimball Road, I enclose an affidavit of the present occupant. As I receive more information I will forward the same to you. Since ly, John . Serafini , S . JRS/gc TEL No H U 9 10 1 15 N 0 02 P . O1 ANO DARLING A� L�J��,3 ,)-4 ?H '83 6�1 CITY OF SAN -H-MASS- . . I Iff . t 41 1 pj,EAsx DEUVER THE FOLLOWING PAGE(s) TO: 91 S , FIRM TOT}L i lS SflER Of AGM Ji. (Including` PaSr- DA IT _ TIMF SEN1111. ClUENt 14UMBER: 'A V1, 11 A3 6p if there is a problen} ai'tll oati +'vwqmit (s68) T44-f7%12 al;d ask 71 1!iL 'qq- U Li^ AR,. IDA ZT o 1 e:an 7oYm Barry Co:i.lctt.e, own+ar of the lousiness known' as A. ,W. TETREAULT NOT TOS' Co . , I have operated this business for over twentyi (20) years . In the course rFi of*ratina thin, business, we utilize Vari.ouS veh1c1es incl iding trucks and other 'heavy equipment. OVe'r the �aqt tv,c;�ty f20) years we have stored said veh3clee on K €rba S lioad to °:hc re6r of., the property known as the . Aertil; R*Sta40r'A7nt, near Settin tat:e. The area we occupy today is ep x xireatei`y the 'same at, we had bee" occupy: for Li,t past twenty (20) years . gevcral vehi,.,Jes and trucks have been stored on the pre-miaes and in the general area during that period of time , 2 h& ve conducted .nay buSiroeis .from . this: area dont3fiuously. The burinesa today- is the same as it was .twenty years at�o . s Th' bUsinfxss t aiarted by pry father-,icr-law �Srthui W. Tetroaultt o y ktoW edge this gen� ral atet to the rear of the ie6talir nt has ge.en used by the business and it empl,oyu''i for the ,ixa E 20.,yearS. The abov is a ;rue stata:ment. A. W. 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I92 _ .Z i 4" ��� ♦ S.E-0 19N1 .— / ;;i / J x, '• O E RN.A'/ &E.D, 11:0 Of A—My wrp-G/ t U •u^KV NY AVIS/91: l93 OREKNY AV/5f976 REV By ////9H m log ft rFa :REV Ar AWS/91! ••a 'ddbn7bf an ono w PREPARED UNDER THE DIRECTION OF YK r 'or r "ISALEM BOARD OF ASSESSORS T— g,- .00 o .o° soo rlNY 14 to IN AVIS AIRMAP INC. Citp of balem, Bam5acbm etto Public Propertp Mepartment � a �wMmg Nuilbing Mepartment One *altm green 745-9595 ext. 360 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer February 2, 1990 Mr. Frank Bertini Mr. John Ber-tini IC284--Canal Salem, MA 01970 Gentlemen: In an effort to resolve the issue of Pumel Construction' s use of your property, Mayor Harrington and I have met with neighborhood representatives, and the Mayor has met with you to see if an amicable solution can be found. According to the City's zoning maps, it is apparent that the zoning at the end of Bertini Lane is industrial, and that this zone proceeds across Kimball Road, where it changes to a B-2 zone. It appears that the contractor's _ storing of trucks is partially in the indutrial zone, but it is my opinion that the greater portion of his operation is in the B-2 zone, in violation of City Zoning Ordinances. We are aware of the claim that the industrial use in what is now the B-2 zone predates the change in zoning to B-2. This claim is disputed by the neighbors. Ultimately, if the matter cannot be peacefully resolved, a Court would have to determine the merits of each claim. This could mean extensive and expensive litigation between the neighbors, yourself and the City. This is a "last resort" solution which will not benefit anyone, and will leave hard feel- ings on all sides. We also understand that the contracting operation could be moved over to the industrially zoned land, bringing it closer to the homes on Bertini Lane and Kimball Road. This again would leave a good deal of animosity. We prefer to work toward a solution both sides can agree to without resorting to legal action. The Mayor has made it clear that he respects the property rights of all of the people involved. We are committed to preserving our neighborhoods, and in those difficult areas where residential, business and industrial zones abut each other, we will try to work towards an accommodation that respects the rights of each group. Page - 2 As land owners of the industrial and commercial areas, you have a right to appropriate uses in accordance with the zoning. The course we would like to pursue is one that will eliminate the present use in that location and still allow an appropriate B-2 use. We would ask that you provide us with a plan within the next ten days that addresses these concerns. We will then discuss this plan with the Ward Councillor, Mark Blair, who, incidentally, has worked very hard to resolve this problem. At that time a meeting of representatives of the neighbors, the Ward Councillor and you can be held to finally resolve this problem. If the matter cannot be resolved along the lines described above, then I will insist that industrial and business uses will be restricted to their respective zones. Let us try to work together and avoid a situation that continues a hostile atmosphere between abutting property owners. Sincerely, �Je �I` William H. Munroe Zoning Enforcement Officer WHM/eaf cc: Mayor Harrington Councillor Blair O�.GOPry�� BUILDING DEPT CITY OF SALEM^`HEA LTH DEPARTMEN44AY � � 49 AM eUJ BOARD OF HEALTH RECEIVED Salem, Massachusetts 01970 CITY OF SALEM,MASS. ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (61 7) 7 a 1-1800 May 8, 1989 John Bertini 284 Canal Street Salem, MA 01.970 Dear Sir: On March 22, 1989 a complaint petition from Ward 7 residents was received by this department regarding the commercial use of the rear of your property at Canal Street. On March 30, 1989, we forwarded a copy of said petition to you along with citation. To date, this matter has not been resolved. Kindly submit, at your earliest convenience written notification of your intent to take remedial corrective action and the time and date when these corrections will be completed. Thank you for your cooperation in this matter. Very truly yours, FOR THE BOARD OF HEALTH REPLY TO -K. 4 C �- ROBERT E. BLENKHORN, C.H.O. V. MOUSTAKIS, HEALTH AGENT SANITARIAN REB/m cc: Conservation Commission Ward Councillor Mark Blair City Solicitor Michae/Y O'Brien Building Inspectorl/ CERTIFIED MAIL P-006-729-526 5. B-2 Districts - Highway Business a. All use permitted in B-1 Districts, subject to all provisions specified for such uses, except that all residential uses are prohibited. b. Restaurants and other eating places in which alcoholic beverages may be served on the premises. c. Motels. d. Automobile services stations, subject to the restrictions of Section VII B. e. Off-street parking and loading facilities and other accessory uses and buildings, py o ded, that'such'uses are clearly' ncidental to the .principal use. markets. g. Retail department stores located within a shopping plaza. h. Other accessory uses located within a shopping plaza. r 21 . V • �UILPINP 0E PT KAR EITY Qr SdLEH, gs MEMO TO: William H. Munroe FROM: John R. Serafini, Sr. DATE: March 16, 1990 Bill: Am I correct in the following interpretation of permitted uses in a B-2 Zone: Under E, Off-Street Parking and Loading Facilities. Could John Bertini utilize the B-2 area behind the restaurant, which are separate lots from the restaurant, for parking motor vehicles. Please give me a call. i SUPPLEMENTARY REGULATIONS SECTION VII 6, Off-Street Parking - Uncovered, not included in structure: Off-street parking spaces shall be provided and maintained by the owner of the property for each building or use which, after effective date of this Ordinance, is erected, enlarged, or altered, according to the following regulations: 1 . All parking space required by this Ordinance shall be on the same lot as the building or use which they are intended to serve, except that the Board of Appeals may permit the parking spaces to be provided within four hundred feet of the building of use intended to be served, if the Board determines that it is impractical to provide parking on the same lot with the building. r-If a separate lot is used for-parking, the ownership - of.the lot must, for all ti6es,-be'held-by'the' same -- -ownership as„the_lot.on_which the:building`is erected:) ,if the parking lot ownership is separated. from the owner- ship of the building, thisshall be deemed a violation- J rr---and'the Building Inspector shall void the Certificate of,� (--�Occupancy._ _ _ 2. Notwithstanding any other provision of this Ordinance, off-street parking shall not be required: a. For any Church or other place of worship, or secondary school, or institution of higher education, with the exception of the State College at Salem where local Ordinances shall prevail. 3. Required parking spaces shall not be reduced or encroached upon in any manner unless a change in use occurs which permits a change in the amount of parking area required. 4. Design of all off-street Parking Facilities a. Parking facilities shall be occupied only by passenger cars and commercial vehicles not exceeding seven and one-half feet in width and eighteen feet in length. b. The minimum dimensions of stalls and aisles shall be as follows: 1 ) Stall width shall be at least nine feet. 2) Stall depth shall be at least nineteen feet for all angle parking and twenty-two feet for parallel Parking. Such dimensions may include no more than two feet of any landscaped setback area adjacent to the front or rear of a stall and used for bumper overhang. 46 Suic.L)jN rj (9i#g of Salem, �ttssar4use##s EPT (office of the (9itv Council (gag nil � 06 PH 090 crrr�g9 � c�Rs MARK E. BLAIR OF Ss�59[k1'NA SS. COUNCILLORS-AT-LARGE PRESIDENT 990 GEORGE A.NOWAK 1JOSEPHINE R. FUSCO KEVIN R.HARVEY DONALD99 BATES CITY CLERK VINCENT J.FURFARO GEORGE P.McCABE LEONARD F.O'LEARY JOHN R.NUTTING DAVID B.GAUDREAULT RICHARD E.SWINIUCH SARAH M.HAYES March 6, 1990 MARK E.BLAIR William H. Munroe Zoning Enforcement Officer City of Salem Salem, Mass. 01970 Dear Mr. Munroe: After receiving the letter addressed to you dated February 12, 1990 from John & Frank Bertini concerning 284 Rear Canal Street, I feel you should take action in enforc- ing the city zoning. The conditions stated in that letter to you aren't acceptable as I recently explained. Last year all the people involved including their attorneys met to work an agree- ment out concerning the industrial use in the B-2 Zone. Since an agreement had not come about, I am requesting you to enforce the zoning code. I feel action by you will be in the best interest of the parties involved and the City of Salem. Very truly Yours, MARK E. BLAIR Council President 09ttg of Salem, �ffittssarhusetts IDJUINO DFr'7 (office of the Ctu Guncil 1\ . @litgnl! FEB 26 g 39 A114 °90 �e3 W/MF,OOUNGLL,I,ORS MARK E. BLAIR PITY OF.S1Q�' � COUNCILLORS-AT-LARGE PRESIDENT �-'�'He..SS. 1990 GEORGEA.NOWAK JOSEPHINE R. FUSCO KEVIN R.HARVEY DONALD T.BATES CITY CLERK VINCENT J.FURFARO GEORGE P.McCABE LEONARD EARY JOHN R.NUTTING February 23, 1990 DAVID B.GAUDRUDREAULT RICHARD E.SWINIUCH SARAH M.HAYES MARK E.BLAIR William H. Munroe Zoning Enforcemnet Officer City of Salem Salem, Mass. 01970 Dear Bill, I have received the response to you from the Bertini's (dated February 12,1990) . about resolving the issue of Pumel Construction behind 284 Canal Street. First I would like to address the request by the Bertini's for a withdrawal of the DEME appeal and then I will address how I support the Bertini's use of the land as it is zoned B-2. As you know Pumel Construction is located at the edge of a wetland area. Current- ly the neighbors have appealed a Conservation Commission determination to the Depart- ment of Environmental Protection, (DEP) was known as DEQD. DEP has already visited the site and a determination is due anytime now. Bill, I know you'll agree that pro- tecting what is left of our wetlands is everyone's concern now that we understand the vital need the wetland's are, therefore, I feel that the request by the Bertini's to withdraw the DEP appeal is not in the best interest of the parties involved and most certainly the public at large. I consider the appeal to DEP at this stage will only help in protecting such a sensitive area. The industrial use of the land used by Pumel Construction had been brought to your attention over a year ago. Various City Boards, neighbors and myself have re- quested a determination by your office concerning the industrial use by Pumel Construc- tion. The city Zoning map clearly shows Pumel Construction is in a Buisness-2 Zone. Pumel is located way right to the intersection of Kimball Rd. and Bertini Lane. I agree all the land that the Bertini family owns is multi-zoned, but the area in quest- ion where Pumel is located dictates a B-2 use. I am requesting again Bill, that you as the Zoning EhforcEment: Officer, make a determination of use on the land that Pumel Construction is located. I would like to see some action. I hope we can resolve this matter as soon as possible. Please contact me as soon as you make the determination or if you wish to discuss the matter further. Very Truly Yours Mark E. Blair cc: Mayor Harrington Ward 7 Councillor John Bertini (5 Wilson Rd.) Leo Pelletier (7g Adams St.) SI WNG DEP SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW FEL 15 12 14U PN 890 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 RENHI.�( IG^l, n(EAVE�O 11 CITY OF NASS, JOHN R. SERAFINI, SR. TELEPHONE JOHN R. SERAFINI,JR. 508-744 0212 JOHN E. DARLING 617 561-2743 WENDY L. THAYER TELECOPIER 508-741-4683 February 15, 1990 HAND DELIVER Mr. William H. Munroe Building Inspector One Salem Green Salem, Massachusetts 01970 Dear Bill: In connection with the Bertini matter, I would like to have a meeting set up, either morning or afternoon, at One Salem Green, with Mark Blair present and a representative group. I am going to communicate this to Mark so he understands that I do not wish to try to work things out in a circus-like atmosphere. Anytime Wednesday or Thursday of next week, or Friday morning would be fine, or the following week. Sincerely, JOHN R. SERAFINI, SR. JRS, SR. /ln A I;�.11L.DI�IG pEi'T FEB `4 g 15 F[CE1'=:.0 „ CITY OF S ,L ,, t" 'S. February 12 , 1990 Dear Mr. Munroe: We are in receipt of your letter dated February 2 , 1990, and have reviewed it carefully with our business counsel, Mr. John Serafini, and our litigation counsel, Mr. Walter Costello. We, too, regret the situation that has arisen regarding use of our property and the fact that up until the present time the exact nature of what we plan for the area has apparently not been communicated to other neighbors. We feel that Mr. and Mrs. Leo Pelletier are directly responsible for the creation of the hostile atmosphere that currently exists. We also believe that, as self- appointed spokesmen for the neighbors, they have failed to inform them of our plans and offers to resolve the current situation. They have continued to harass City officials and have sought to create problems for our tenants in the Loring Motors building. Our attorneys are reviewing these actions. In the meantime, we believe the neighbors are not aware of our plans. In an effort to set the record straight, we welcome the opportunity to respond to your letter. The letter you sent to us in paragraphs numbered 2 , 3 and 4 pretty clearly outlines the existing situation. We do not believe certain facts outlined in the letter have been communicated to people in the area, because if it had I think a lot of misapprehension would have disappeared. We have unequivocally stated in hearing before the Conservation Commission that our plan as presented to the Commission called for the area in question to be hot-topped, and that prior to that being done the contractor presently occupying the premises would have been asked to leave. As inconceivable as it sounds, this was never made clear to other neighbors of the Pelletiers, and yet the logic seems inescapable. We would not have maintained a contracting operation on the premises that were newly hot-topped. The Conservation Commission was aware of this and granted us an Order of Conditions in their wisdom. The Pelletiers appealed to the Department of Environmental Quality Engineering, where the matter now stands. Had this action not been taken, the contracting use would have been terminated. This same situation could still apply if the appeal were withdrawn. We believe, however, that the Pelletiers have other motives, and wish to try to deprive us of the use of our property. Let us be as clear as possible. This will not happen, and we will take whatever legal steps are necessary to protect our rights, and to the extent that there is any transgression by any other person of our rights or interference with existing contractual arrangements we will seek appropriate legal action against the parties involved. 'y Addressing your concerns and those of the Mayor and City Councilors, we can advise as follows: We will agree to use our land for B-2 purposes, with the future possibility of some drydock boat storage. We would agree not to use the premises for the present contracting use, provided that the present use can be terminated without any financial responsibility on our part. Our future plans for this area are not definite. At some point, if we utilize the former Loring Motors building for a function facility, then we would utilize this area for parking. Other than that, it would be for whatever B-2 uses are set forth in the Zoning Ordinance, with a possible use for storage of boats in the wintertime. In return for this accommodation, which, as you know, means giving up the use for industrial purposes of that area zoned for industry, we would expect a withdrawal of the DEQE appeal, and no further harassment. We have been in business in this City in that particular area for over fifty years. Our father, by dint of hard work, built up a business and acquired additional property. Bertini Lane was constructed by him, and family members resided there and still do. We have a permanent stake in that area in the City and do not intend to be driven out by anyone. We strongly feel that if there had been a sensible calm approach in the beginning, matters could have been peaceably resolved. I feel this letter should be circulated through the Ward Councillor to people other than the Pelletiers. Our attorney will be out of the office until February twentieth. We will be prepared to meet with you, the Ward Councillor, and a representative neighborhood group to discuss our plan. Sincerely, Jefferson Trust —r- by J hn Bertini, Trustee byL ��[ � Frank Bertini, Trustee a Cftp of batem, ;01aggacbU5ettg r J)ublic J)ropertp Department Jguilbing ;Department One Kalem green 745-9595 GCxt. 360 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer July 6, 1989 Walter Power, III Chairman, Planning Board City of Salem Dear Mr. Power: Regarding your request for clarification of the zoning to the rear of Kimball Road we have examined the zoning in that immediate area and find that the area is predominantly zoned B-2 with a small portion zoned industrial. Prior to the latest zoning change the area was zoned industrial. The uses of the B-2 portion for trucking and storage of materials would not be permitted as of right. It would require a special permit and/or variance from the Zoning Board of Appeal. This office will ask the present owners to document any prior usage compatible with industrial zoning. If this is not done this office will issue a notice of zoning violation. You understand, of course, that a ruling by this office can be appealed to the Board of Appeal. I will keep you advised. Sincerely, coe?�000-e William H. Munroe Zoning Enforcement Officer WHM:bms cc: Mayor Anthony V. Salvo Council President, Vincent J. Furfaro Mark Blair, Councillor, Ward 7 J f;U1L.31NG UEt't arsat�.,°MASS- CITY OF February 12 , 1990 Dear Mr. Munroe: We are in receipt of your letter dated February 2 , 1990, and have reviewed it carefully with our business counsel, Mr. John Serafini, and our litigation counsel, Mr. Walter Costello. We, too, regret the situation that has arisen regarding use of our property and the fact that up until the present time the exact nature of what we plan for the area has apparently not been communicated to other neighbors. We feel that Mr. and Mrs. Leo Pelletier are directly responsible for the creation of the hostile atmosphere that currently exists. We also believe that, as self- appointed spokesmen for the neighbors, they have failed to inform them of our plans and offers to resolve the current situation. They have continued to harass City officials and have sought to create problems for our tenants in the Loring Motors building. Our attorneys are reviewing these actions. In the meantime, we believe the neighbors are not aware of our plans. In an effort to set the record straight, we welcome the opportunity to respond to your letter. The letter you sent to us in paragraphs numbered 2, 3 and 4 pretty clearly outlines the existing situation. We do not believe certain facts outlined in the letter have been communicated to people in the area, because if it had I think a lot of misapprehension would have disappeared. We have unequivocally stated in hearing before the Conservation Commission that our plan as presented to the Commission called for the area in question to be hot-topped, and that prior to that being done the contractor presently occupying the premises would have been asked to leave. As inconceivable as it sounds, this was never made clear to other neighbors of the Pelletiers, and yet the logic seems inescapable. We would not have maintained a contracting operation on the premises that were newly hot-topped. The Conservation Commission was aware of this and granted us an Order of Conditions in their wisdom. The Pelletiers appealed to the Department of Environmental Quality Engineering, where the matter now stands. Had this action not been taken, the contracting use would have been terminated. This same situation could still apply if the appeal were withdrawn. We believe, however, that the Pelletiers have other motives, and wish to try to deprive us of the use of our property. Let us be as clear as possible. This will not happen, and we will take whatever legal steps are necessary to protect our rights, and to the extent that there is any transgression by any other person of our rights or interference with existing contractual arrangements we will seek appropriate legal action against the parties involved. Addressing your concerns and those of the Mayor and City Councilors, we can advise as follows: We will agree to use our land for B-2 purposes, with the future possibility of some drydock boat storage. We would agree not to use the premises for the present contracting use, provided that the present use can be terminated without any financial responsibility on our part. Our future plans for this area are not definite. At some point, if we utilize the former Loring Motors building for a function facility, then we would utilize this area for parking. Other than that, it would be for whatever B-2 uses are set forth in the Zoning Ordinance, with a possible use for storage of boats in the wintertime. In return for this accommodation, which, as you know, means giving up the use for industrial purposes of that area zoned for industry, we would expect a withdrawal of the DEQE appeal, and no further harassment. We have been in business in this City in that particular area for over fifty years. Our father, by dint of hard work, built up a business and acquired additional property. Bertini Lane was constructed by him, and family members resided there and still do. We have a permanent stake in that area in the City and do not intend to be driven out by anyone. We strongly feel that if there had been a sensible calm approach in the beginning, matters could have been peaceably resolved. I feel this letter should be circulated through the Ward Councillor to people other than the Pelletiers. Our attorney will be out of the office until February twentieth. We will be prepared to meet with you, the Ward Councillor, and a representative neighborhood group to discuss our plan. sincerely, Jefferson Trust by J hn Bertini, Trustee by kG � Frank Bertini, Trustee Gtv of Salem, passarllusetts Offire of the Titg Commit t (dila all MMg WARD COUNCILLORS MARK E. BLAIR 1990 COUNCILLORS-AT-LARGE PRESIDENT GEORGE A.NOWAK 1990 DONALD T.BATES JOSEPHINE R. FUSCO KEVIN R.HARVEY CITY CLERK VINCENT J.FURFARO GEORGE P.McCABE LEONARD F.O'LEARY JOHN R.NUTTING DAVID B.GAUDREAULT RICHARD E.SWINIUCH SARAH M.HAYES MARK E.BLAIR February 7 , 1990 William H. Munroe Zoning Enforcement Officer One Salem Green Salem, Mass. 01970 Dear Bill: I am writing you to take exception on your letter to the Bertinis dated February 2, 1990. I too want to resolve the issue of Pumel Ent- erprises behind the Bertini Restaurant. It is obvious by the City of Salem Zoning Map that all of Pumel Enterprise, is located in the B-2 area. To say otherwise would be misleading. I will wait for a reply within ten days as stated in your letter, but I must inform you I feel your letter was not accurate. I would be glad to discuss this matter with you. Very truly yours, MARK E. BLAIR COUNCIL PRESIDENT MEB/j c co ,L c? ' o a"dT3 [rs7� � 1 ",Jli p{tri rI _"7 Citp of Oalem, Alaggacbugettg Office of the Citp Council -, a , > " q Citp � 5 atl uR !H n� ^W ryR • R.E WARD POUNCILLORS M�NB VINCENT J. FURFARO CITY Of ',-j' ` 19Bg COUNCILLORS-AT-LARGE PRESIDENT "S• 1989 GEORGEA.NOWAK DONALD T.BATES JOSEPHINE R. FUSCO KEVIN R.HARVEY FRANCES J.GRACE CITY CLERK VINCENT J.FURFARO LEONARD F.O'LEARY NEIL J.HARRINGTON GEORGE P.McCABE JEAN-GUY J.MARTINEAU SARAH M.HAYES MARK E.BLAIR December 4, 1989 Mr. William H. Munroe Zoning Enforcement Officer City of Salem Salem, Mass. 01970 RE: 284 Rear Canal Street----- --� --'------ Dear Bill: Enclosed are several documents which you already should have in your files concerning the property at 284 Rear Canal Street. The letter dated July 6, 1989 from you to Walter Power, states that the area in question is predominantly. zoned B-2. You also mention that the current use is not permitted as of right. Your office has asked the owner to document any prior use compatible with individual zoning for the purpose of so called "Grandfathering". You have also stated that the burden of proof for a starting date would fall on the owner. The Bertinis, who are the owner of the property, have not supplied any documentation. In fact, enclosed is a letter from John Bertini to the Salem Health Department informing them that Tetrault Hot Top has been on the pre- mises for over ten years. Mr. Bertini also said that Pumel Construction has existed over four years on the property. John Barry Collette, current owner of Tetrault Hot Top, has signed an affidavit which says he has stored vehicles on the area for 20 years. Over twenty residents living near the area disagree with this affidavit. Some of these people have lived here for over twenty-five years. Bill, if these two companies don' t belong here because of zoning vio- lations that you have previously mentioned then they should be issued a notice of the zoning violations. Discussions between the owners and the neighbors don' t inculde this land being rezoned for industrial use. I am requesting your office take action on the above mentioned zoning violation. I hope the matter will be resolved as soon as possible. Please call me if you hay.e any questions. Sincerely, MARK E. BLAIR COUNCILLOR WARD SEVEN MEB/jc cc: Mayor Anthony V. Salvo Council President Furfaro Councillor Harrington . k Citp of *stem, flasq'ac jUSPtt� - y IYsll Public Propertp Department Suilbing Department Ont *stem Orern 745-9595 ext. 350 William H. Munroe Director of Public Propertv Inspector of Buildings Zoning Enforcement Officer =hi lip D. o ran. '..airman Conservation , ._ ._ ... .... _ _on _ of ..alem .34 .ana- ..:. _ . _ .,ear Dear Mr. i!oran: As reouested your letter cf Apri: dao ..._ Decartment has researcnec ..._ property located at -34 Canai .._. _et =ear. .with the following f'_naings: 1 . The croperty has had several coning designations over the years. _^dustrial, 3-1 (Neighborr.coo 3us_ness) and _ts current ' !Highway Business) . :❑ each :asthe Brea has remalnec �retty much the same, approximately -hree hunarea '_OC) . - . , n from the center - _ne c. .-nal .,treet. 'lnder . _ - .rrent B-_ zen., ^_ ruczir.e _ _ .. _ ess _ucn ns Pumel Constr a__o., would not be ause ermittea r,gnt. however, due ._ .._ coning changes _„ would be _mocr-=nt :or this depart- mens :_ ::new when this use, a trucking c_mcanv, was first es- tabli-nec at the site. -his use is c cerm_ttea use in an ndustr_a'_ zone and pernaos '1.".e use couid to so cailea "Grana- fatherec" . -here is no one presently Witt 77 office that can recall >:nen this use first started at the site and I would expect '.rat 'he burden of Proof for a start_ne date would fall on the trcperty owner. Once 1 have that ..formation 1 will be better -Die to answer whether iis a permitted use of not. As I indicated above, the zoning line on the attached :Toed insurance rate map is approx,mate. As this department does not survey private procerty, if an exact '_i.^.e :-cation is reo.uired,I xould suggest Ycu make a request to the City Engineering Department for assistance as cerm_tted under the City Zoning Ordinance. Please advise if I can be of further assistance. Sincerely_ , 011 SINCE 1910 ��' ►II »7 V May 16, 1989 HAY I i'- PF, CITY OF SALEM Mr. Robert E. Blenkhorn, C .H .O. •TrAT.TT4 T)EPT Health Agent City of Salem Health Department Board of Health Salem, Massachusetts 01970 Dear Mr. Blenkhorn: In response to your letter regarding the complaints from 'card 7 residents , relative to the property at the foot of Kimball Road , I would like to advise you of the following: 1 . Tetrault Hot Top, a paving company , I i era es approximately eight months of t e y , has een parking on these premises for ove en years . Their hours of operation are from 8:00 a. i .00 p.m. 2. Fumel Construction s used t is n Dertyfor parkin their trucks for v r four ears. N rmal ooeratine hours are from 8: a.m. till p.m. However, they have been con rac y of Salem to do plowing and sanding during the nter months , which would cause them to start their vehicles , for emergency work for public service , at other than normal working hours . In the past , the area used by Pumel Construction was use as a staging area for construction materials , such as sand , loam, curbing, ties , an crushed stone. The Conservation Committee has put a cease ana desist order on the pro ert , allowing only for the venic es o come an o�urino normal worKinb ours . so no oadin6 or unloading of ma eria s flab taken pl�jce . If you have any further quest ions ,please do not hesitate to contact me . S ' ncerely , RECEIVED BY ROBERT E. BLENKHORN C.H.O. John A. Bertini �, L s- /6-/9e ? HEALTH AGENT M cUILDING DEPT Conservation Commission \� w.. S:1l1•Ill. 1jii;�llCfl llvP((ti 44 mH 13 _ RECEIVED CITY OF SALEH.14ASS. April 19, 1989 William Munroe Inspector of Buildings One Salem Green Salem, MA 01970 Dear Mr. Munroe: The Salem Conservation Commission is in the process of investigating possible violations to the Wetlands Protection Act at the site of Pumel Construction, 284 Canal Street Rear. During the course of this inquiry, it has come to our attention that portions of this operation may be located in a Residential Conservation Zone. To assist us in our investigation, the Conservation Commission requests that the Building Department issue a written determination which indicates how the Pumel Construction site is presently zoned and advise the Commission as to whether this operation is an allowable use. Since this item is on our next agenda, we request that, if possible, this information be made available to the Commission before our next scheduled meeting on Thursday, April 27, 1989. Thank you for your help in this matter. If you have any questions, please do not hesitate to contact me or Kathleen Winn, Conservation Administrator. Sincerely, Philip b. / Chairman M48 Citp of *arem, Onoacbm5ettg ail r Public Propertp Mepartment Nuilbing Mepartment (One *alem green 745-9595 4Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer July 6, 1989 Walter Power, III Chairman, Planning Board City of Salem Dear Mr. Power: Regarding your request for clarification of the zoning to the rear of Kimball Road we have examined the zoning in that immediate area and find that the area is predominantly zoned B-2 with a small portion zoned industrial. Prior to the latest zoning change the area was zoned industrial. The uses of the B-2 portion for trucking and storage of materials would not be permitted as of right. It would require a special permit and/or variance from the Zoning Board of Appeal. This office will ask the present owners to document any prior usage compatible with industrial zoning. If this is not done this office will. issue a notice of zoning violation. You understand, of course, that a ruling by this office can be appealed to the Board of Appeal. I will keep you advised. Sincerely, 40* William H. Munroe Zoning Enforcement Officer WHM:bms cc: Mayor Anthony V. Salvo Council President, Vincent J. Furfaro Mark Blair, Councillor, Ward 7 AFFIDAVIT I am John Barry Collette , owner of the business known as A. W. TETREAULT HOT TOP Co . , _ nave operated this business for over twenty (20) years . In the course of operating this business , we utilize various venicles ' ncluding trucks and other heavy equipment. Over the past twenty ( 20) years we have stored said vehicles on F.imball �oaa toe czar of the property known as the Bertini Restaurant, r,ear 3ertini Lane. The area we occupy today is approximately the same as we i^ad been occupying for the past twenty (20) years . Several nictor vehicles and trucks have been stored on the premises and in the general area during that period of time . I have --onducted my business from this area continuously. The 'business today is the same as it was twenty ( 20 ) years ago . The cusiness Was itarted by my father-in-law Arthur W. Tetreault . To !�y 'Xnowledge this general area to the rear of the restaurant has been used by the business and its employees for the past 20 years . The above is a true statement. A. W. TETREAULT HOT TOP Co. . Dated: Jul , 26 , 1289 By. ohn Barry Tette t SRF ,I a kl., �iWM r-- I ryg1( tl�p, r4y� 1 / I0'' �I�P I '�tl)1, y 1,� T fl f Vt BUILDING DEPT SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW �`�C r q IY^ � t8 63 FEDERAL STREET OCT '5 L SALEM. MASSACHUSETTS 01970 RECEIVED CITY OF SALEM,MASS. JOHN R. SERAFINI. SR. JOHN R. SERAFINI,JR. TELEPHONE JOHN E. DARLING 500 744 0212 LEWIS E. PNTO NE, JR. 617-501 2743 WENDY L. THAYER TELECOPIER 506-741.4663 October 4, 1989 William H. Shedhan III , Esq. Pearl , McNiff, Crean, Cook & Sheehan 30 Main Street Peabody, MA RE: Conservation Commission Kimball Road Problem Dear Bill : I am sorry that our meeting with your clients was unproductive. I had not known that the following night they were going to appear again before the Conservation Commission regarding the request for review of the original Order of Conditions. We had not been notified of that meeting. As I understand it now, the attorneys will meet October 12, 1989 with the Commission. What I find difficult to understand is the failure of your clients to realize that the zoning directly behind their property in fact is industrial . There isn ' t any question about this . It would seem that knowing that, they would want to be more tractable as far as their demands, are concerned. While some items they requested could be agreed upon, the buffer zone they' re asking for together with an absolute ban on use is not acceptable. Perhaps it should be reemphasized that the industrial area behind them can be used and a tenant could be found that can legitimately use the property without anything being required. If the present hostility continues , we are left with little choice but to protect our property interest and prepare for very lengthy proceedings. This will be expensive to all parties . It may be your clients are willing to undergo this expense . In any event, I would ask you to give me a call prior to our next meeting. p. William H. Sheehan III, Esq. October 4, 1989 Sinc1 erely, / JdHN R. SERAFINI , SR. JRS,SR./ln _. _ SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 JOHN R. 5ERAFINI. SR. TELEPHONE JOHN R. 5ERAFINI,JR. 506744-0212 JOHN E. DARLING 617 581-2743 LEWIS E. ANTOINE.JR. TELECOPIER WENDY L. THAYER 506.741.4663 September 7, 1989 William H. Sheehan, III, Esquire PEARL, McNIFF, CREAN, COOK & SHEEHAN 30 Main Street Peabody, Massachusetts 01960 ATTENTION: Attorney Sheehan RE: Matter involving conservation problem - Kimball Road Dear Bill: I will be pleased to discuss the above matter with you to see whether or not a solution can be found. Do I understand that your clients can speak not only for themselves but also for the people who appeared at the council meeting. I assume further that any agreement would be contingent on acceptance of the withdrawal of appeal by D.E.Q.E. If there parameters are correct, I will be pleased to sit down with you. Sincerely, J HN R. SERAFINI, SR. JRS. ,SR./cw cc: Jefferson Trust John A. Bertini, Trustee r, o -C OC " In m r a,c, o r— m< s C3 03 p $ v M y � • CD x y�!a �.. ,rF��„w; x{�� ;t�. ;F•e�Sl' r�rH�L .. .. .s. .-. a �Yd nd v oz �� oT c VJ Z (iAl rA � � �Q 0� 4A th 3 ; T$M Engineering " "" : e= PRIG/(//V.4Rf' Ass83 iates,lnc. �' S/T� DE1i�Lopcs'�NTPG.4N '� B3 Pins 328 o w° P 7�ii PeaboOy,LtA. 01960 544C�.U, Ai1./15S�QG/,FL/S�-TTS ` `' � 636-7328 ��4Tff sees /�Go' UrCfr � •F7 $ u ,.C.2GffI 'f�RAivK CERT/N/ �-rt i s � \ \ r� .:;: F!^:.'A•n'., ?1.:.: ftf .,f,;� fly(J. '. .� n..?)iii}t 7:'%i:'::(}iY.ii'::..:: jtJJ: { _ .✓' � �� r GSrF :: '>y%i<{i":'i::''Pi:%i]i%%:f:`�i`�i{i•.` v'fJ'��'::i�.�4���.��P^.]? ';':h � ri•� ` � t � rh�'rt �';'1is3�tititi_lii:y^�t(itiv{i+r''t{.j,': - •'iili'n� n�t,: i�'R^�•q �` i"�� �_" E ';�(�i `" :rq�i;it° ?�=;;7°Zt:%,�:J. i.;:}.:::'Ls, °I e� �' �• � i :1�:•ti fr' 'i��/:'�::°i�`o�.`.P:'�:�:i i.tii•c:<�i;,• r ! 4,J. •r'f t I�.rSt�'rr � T �� is , 111111 MAY it il� ��l�6 _ � I sp ra n aY Z\ , ai4 Z 1 0 j J) ao �° ra \a a a a Aoaa v +° a y, Y I T T&M Engineering " "' : �: PR L/a11-1..4RY '� Associates,lnc. c „ z 83 Pin s 8lreel n . S/T& L96VIE O.oI r'�NT PL 4N ,... q ' Peabody,MA. OIBBB ' S4L-F-.U, AX45S-4CvYV5- 'TTS 535-7348 FoR 9fo ro- Beele /;Qp• DwBI!r Chk. U ,,,�y[/�t/ y�R,gNK t`�ER T//-// r,�� a , �caw Q nto BOARD OR APPALS sVt#u of ttlezrt, �t c1��t P Etltl .�lt$1IPi7GS ivEo CITY OF SALEM.,MASS. Tify Errtririan 44 iTttfnneffe Sf_ 'f�nlem, ,ir7Attss. 01970 area (11obe 617 745-6300 August 14 , 1989 Mr . Roger W . Pelletier R & L Realty 7 Kimball Road Salem, Massachusetts 01970 Re : Letter received 8- 11-89 Dear Mr . Pelletier : Please be advised , I cannot terminate the electrical service at the rear of Bertini ' s Restaurant , unless it effects public safety or an e- lectrical hazard . If I can be of any further assistance , please feel free to call me . Yours truly , Paul M . Tuttle City Electrician cc : William Munroe , Building Inspector mlf/m R & L Realty Roger 'JJ . Pelletier 7 Kimball Road Salem, Ma. , 01970 August 11 , 1970 Mr.. Paul Tuttle City of Salem Electrician Dear Sir: My concern is over Pumel's illegal construction site at Rear of Bertini 's restaurant. I want. the electric service disconnected and removed from that site . It is in violation of. the Wetland Act and Flood Hazard District.. There is no special permitby planning board.. They are in violation. The structure does not conform to the Cita of Salem, Ma. , zoning ordinance on supplementary regulations ,, Section VII mP" on Page 74 Section 4. Special permit uses and Section 5. Special permit, procedure . They have stored on the property„ sand & salt, diesel fuel, and hydraulic fluids . They've done repairs, dumping of toxic wastes, washing down trucks . Please help us to remove this cancer from the wetlands . Thank you. Sincerely, Roger 'J1 .. Pelletier Gli Please reply.. � T r. -ti t b 0 N =N CO > �X M o Z LM z LD ~ �n ��� �uti��. �u � ��i/UCr �����, Ell UILD!NG D7-i'T SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW JUL ll U JJ i I 8 :8 I�'I� 183 63 FEDERAL STREET U SALEM. MA55ACHUSETT501970 EECEIL 'D CITY U S4LL , MASS. JOHN R. SERAFINI, SR. TELEPHONE JOHN R. SERAFINI,JR. 508']44-0212 JOHN E. OARLING 61]'581`2]43 LEWIS E. ANTONE.JR, TELECO PIER WENOY L. THAYER 508 741 46x3 July 28, 1989 Building Inspector One Salem Green Salem, Massachusetts 01970 Att: Mr. William Munroe Dear Mr. Munroe : In connection with the matter of the use of the property to the rear of the Bretini restaurant adjoining Kimball Road, I enclose an affidavit of the present occupant. As I receive more information I will forward the same to you. Since ly, John Serafini , Sf JRS/gc 61JILDI'i6 DEPT SF RAFINI, SERAFINI AND DARLING ATTOR NES p`9' 1113 24 6a CEpERA N�tt SALEM. MASSACn USET R£!TEi 'M CITY OF SALEMMASS. tf 1.f:PnONE JOnN n. Bi nwllnl. SR, DOB )�iO2L JOnN R. 6CRAPINi.JR. 617 BM-.TA3 JOnN C. PARI INB TEI CCOPiER ,X..6 F, wNTO-C,JA. 508.941-w683 WERPT I_ TMwV CA PLEASE DELIVER THE IFO,LLOWING PAGE(s) T0: NAME: FIRM: ---..- — TELECOPIER NUMBER:—__-- FROM: TOTAL NUMBER OF PAGES:—_,_.. ,.ur. _... ---._....—. .... —. (Including cover page) DATE SENT:. e e i ;L�— b -`i...— TtMF. SCN'C: CLIENT NUMBER:_ -1 MESSAGE:_ �� c.. . l 1—..:.Y.un �_ ,_.w�....._ 1 If there is a problem with chis cranamiseion, call (508) 744-0212 and ask for I CL I+ii U AFFIDAVIT I am John Barry Collette, owner of the business known as A. W. TETREAULT HOT Top Co . , I have operated this business for over twenty (20) years . in the course of operating this business, we utilize various vehicles including trucks and other heavy equipment. Over the past twenty (20) years we have stored said vehicles on Kimball Road to the rear of the property known as the Bertini Restaurant, rear 8ertini Lane. The area we occupy today is approximately the same as we had been occupying for the past twenty (20) years . Several motor vehicles and trucks have been stored on the premises and in the general area during that period of time . I have conducted my business from this area continuously. The business today is the same as it was twenty ( 20) years ago . The business was started by my father-in-law Arthur W. Tetreault . To my knowledge this general area to the rear of the restaurant has been used by the business and its employees for the past 20 years . The above is a true statement. A. W. TETREAULT HOT TOP Co. Dated u 2 1 89 By: ohnBarry�� Tette D-/cti. TY E 17 --- _.--- - — - ow --_-' - - Q �� -1 I ` � ._`.._ -. i ��n(�i�/fN jam'✓ V/W /(/ � /�� cl��'I/✓V'�-�'1%�S�Z'�L�/ W W�J L'�J .��'r SLY/ -��'� �70-,Z�6 -4C1JL2� It /L 0 ----------- --- 3 /cZj � 712 . �/✓L'✓ /YAC U.. ':il�(/J �i U��i�///�-e/ ���/'._• - ate..-4�-, �j ��t-u�- 2'�✓1�,����✓ ✓�- 61 H-19 4-M5 s 3 J li-�, - CI:..(i4��-�--L_ ;;'_jam//� -s�-wL� ,, G �(�-G�./%.-y�,;�, •- y -4 1-71 1, L � � jF ? SIJILRI�G QUIT aA Are J IC 140 FM !Ui! CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH RrcEJVU Salem, Massachusetts 01970 CITE/ OF $ALE14,1405, ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 March 30, 1989 John A. Bertini, Trustee 284 Canal Street Salem, MA 01970 Dear Sir: Complaints have been received by this department from Ward 7 residents in the form of a petition relative to the noise emnating from trucks and heavy equip- ment at the rear of your property tiie toot of Kimball Road at all hours, creating nuisance conditions. They also complained that the area is being used as a staging area for salt/sand and feel that this mixture, coupled with gasoline from the trucks are running into the wetlands area. An on site inspection noted trucks and other equipment being stored at this location. Please be advised that Chapter 16' of City of Salem Ordinances is in force and the following regulations pertaining to noise apply: Noise Control Section 16'f-1 Certain Noises Prohibited Generally It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary or unusual noise or any noise which: Annoys or disturbs a reasonable person of normal sensitivities. Noise Control Section 16�-2 Specific 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. Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument sound amplifier or similar device which produces, reproduces or amplifies sound: Between the hours of 11:00 p.m. and 7:00 a.m. the following day in such manner as to create a noise disturbance as set out in section 16'z-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. continued w4b<a SALEM HEALTH DEPARTMENT ` 9 North Street Salem, MA 01970 John A. Bertini , Trustee Page 2 of 2 March 30, 1989 Noise Control Section 16'2-2 Specific Noises Enumerated In such a manner as to create a noise disturbance at fifty (50) feet (fifteen (15) meters) from such device, when operated in or on a motor vehicle on a public right-of-way or public space , or in a boat on public waters. 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 a.m. the following day in such a manner as to cause a noise disturbance across a residential real property boundary. Construction. Operating or permitting the operation of any tools or equipment used in construction, drilling, or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on Sundays/weekends or holidays, such that the sound therefrom creates a noise disturbance across a residential real property boundary, except for emergency work of public service utitities or by special variance issued pursuant to the Salem Code of Ordinances. Kindly take immediate corrective action in this matter and submit to this department your written proposal for the resolution of this problem. Thank you for your cooperation. FOR THE BOARD OF HEALTH REPLY TO ROBERT E. BLENKHORN, C.H.O. V. MOUSTAKIS, HEALTH AGENT SANITARIAN REB/m Encl. Copy of Petition cc: Building Inspector Conservation Commission City Councillor Mark Blair City Solicitor Michael O'Brien CERTIFIED MAIL P-006-729-467 .e�,coAor�� a CITY OF SALEM HEALTH DEPARTMENT ft BOARD OF HEALTH Tt€EdadE Salem, Massachusetts 01970 V Y b,F SALE.MaMA59. ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT +' (617) 741-1800 , March 30, 1989 Old Salem Realty Trust Santo J. DeFrancesco 100 Jackson Street Salem, MA 01970 Dear Sir: Complaints have been received by this department from Ward 7 residents in the form of a petition relative to the noise emanating from your property at 290 Canal Street. They complained of screeching tires, loud music and noise at all hours creating nuisance conditions. An on site inspection noted the Hasty Food Mart three (3) gas pumps at that location, as well as two coin-operated car wash bays. The following are excerpts from Chapter 16' of City Ordinances and the following regulations apply: Noise Control Section 16k-1 Certain Noises prohibited Generally. Annoys or disturbs a reasonable person of normal sensitivities. Noise Control Section 16z-2 Specific 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: Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument sound amplifier or similar device which produces, reproduces or amplifies sound: Between the hours of 11:00 p.m. and 7:00 a.m. the following day in such manner as to create a noise disturbance as set out in section 16''z-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. continued SALEM HEALTH DEPARTMENT 9 North Street Salem, MA 01970 Old Salem Realty Trust Santo J. DeFrancesco Page 2 of 2 March 30, 1989 Noise Control Section 16'2-2 Specific Noises Enumerated In such a manner as to create a noise disturbance at fifty (50) feet ( fifteen (15) meters) from such device, when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters Loudspeakers/public Address Systems 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. 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 betwen the hours of 11 :00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential real property boundary. Horns, signaling devices, etc. The sounding of horn or signaling device on any automobile, motorcycle, streetcar or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sound- ing of any such device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up. Please take immediate corrective action in this matter, and submit to this depart- ment, your written proposal for the resolution of this matter. Thank you for your cooperation. FOR THE BOARD OF HEALTH REPLY TO ROBERT E. BLENKHORN, C.H.O. V. MOUSTAKIS, HEALTH AGENT SANITARIAN REB/m / cc: Building Inspector Conservation Commission Ward Councillor Mark Blair City Solicitor Michael O'Brien CERTIFIED MAIL P-006-729-468 Councillor Perron amended to-delete #Ll in its entirety and insert the following new item #21. Wo.21—jJard- In an existing I (Industrial) District starting on the centerline of'Jefferson Avenue on the overpass crossing the Boston and Maine Railroad Main Line tracks extend line in a southwesterly direction along the cneterline of Jefferson { Avenue to a point 700 feet beyond the starting poin. An area 140 feet from the cente line of Jefferson Avenue in a northeasterly direction, now in the I (Industrial) District shall be changed to a B-1 (Neighborhood Business) District. No 21 as�"acnended xas adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. No. 22 - Ward 7 - Beginning at a point on the northerly line of Vinnin Street 163.43 \ northeast of an established Essex County Stone Bound, thence extending in an easterly _direction along the northerly side of Vinnin Street 723.62 feet, thence turning and extending in a northwesterly direction 100 feet, thence turning in a southwesterly direction and extending 478.21 feet, thence turning in a northwesterly direction.and extending 130.05 feet, thence turning in a southerly direction and extending 164.94 feet to the starting point on Vinnin Street. The existing R-1 (One Family Residentia. District shall be changed to a B-2 (Highway Business) District. Councillor Perron moved that No. 22 be deleted in its entirety. Councillor Butler, acting as temporary Chairman for President Perron declared No. 22 defeated by a roll call vote of 10 yeas, 0 nays and 1 absent. . No. 23 - Ward 7 - Starting at a point on the centerline of Lafayotte Street at the cneterline of Lafayette Street at the centerline of the Forest River Bridge, thence extending along the centerline of Lafayette Street in a southeasterly direction appro, mately 175 feet to the Salerrrldarblehead boundary line, thence turning in a general northeasterly direction and extending along the shoreline of upper Salem Harbor, then turning and extending in a general western direction along the shoreline apprcximatel3 215 feet to the centerline of the Forest River inlet, thence turning in a general southern direction and ertending along the centerline of the Forest River inlet apprW 1i mately 335 feet to the centerline of Lafayette Street, the starting point. The exist- ing R-3 (Multiple Family-Residential) District so bounded shall be changed to a R-1 (( Family Residential) District. No. 23 was adopted by a roll call vote of 9 yeas, 1 nay and 1 absent. No. 24=Ward-77 ,- Starting at a point on the centerline of Canal Street at the inter- section of Loring Avenue extend a line northwesterly along the cneterline of Canal Sti approximately 1000 feet to the centerline of the Boston & Maine Railroad spur track; thence turning and extending along the spur track in a northwesterly direction to a point 300 feet perpendicular from the centerline of Canal Street; thence turning and . extending in a southerly direction a line that is 300 feet from and parallel to the centerline of Canal Street; thence extending this line approximately 1400 feet to the centerline of Jefferson Avenue; thence turning in an easterly direction and extending a line along the centerline of Jefferson Avenue approximately 400 feet to the inter- section of the centerlines of Canal Street and Loring Avenue. The existing B-1 (Neighborhood Business) District shall be changed to a B-2 (Highway Business) District %o.=24�was_adopted_by ll call vote of 9 yeas, 1 nay and 1 absent.. No. 25 - Ward 7 - Starting at a point at \ t1c centerlines Avenue and State Road extend a line alongthenterlinee of StateRoad extend a madi e along the centerline of State Road approximately 600 feet in a southeasterly direction to the centerline of Vinnin Street; thence tuning' in an easterly direction and extend• ing along Vinnin Street approximately 400 feet; thence turning in a northwesterly dire4 ion and extending along the lot line approximately 500 feet to the centerline of Paradise Avenue; thence turning and extending in a northwesterly direction approximate: 35o feet along the centerline of Paradise Avenue to the centerlino of Paradise Avenue l� to the centerline of State Road, the starting point. The existing B-1 (Neighborhood Business) District shall be changed to a B-2 (Highway Business) District. Councillor Perron moved that No. 25 be deleted. Acting President Butler declared that the motion to delete No. 25 defeated by a roll call vote of 6 yeas, 4 nays and 1 absent. �P�Rkin� C�.�✓L J�:�� 7y5=0��5" August 10, 1989 We,' the residents of the Kimball Street area, do hereby swear that the the businesses , Pumel Construction and Tetrault Hot Top, have not been : : nnesns for more than ten (10 ) years . NAME ADDRESS C z 7 -"7 C) )Y>c 9 � y � � / =n O v RCO /pis a = y cD -i fn [d x.65 0 , -2- NAME ADDRESS 1-9 �� 7 / C� . (f of �ajem, �fflttssarhusett � a �,�Ittnnin� �attr� a y�uffalMMe t @M �5-rxltm Gran REQUEST FOR REVIEW COMMENTS /dA / /p SPECIAL PERMIT 2 le, /.� J DATE: J , l / Av©� T or TO: (� BUILDING INSPECTOR ( ) CONSERVATION COMMISSION ( ) CITY ENGINEER ( ) Other: ( ) BOARD OF HEALTH Attached please find the application referenced below. The Planning Board re- quests that you review this application relative to Section VII of of the Zoning Ordinance. We would appreciate vour completing the form below and returning it to us. Notice of the public hearing for this application will be forwarded to you. / (✓) WETLANDS AND FLOOD HAZARD DISTRICTS ( ) SITE PLAN REVIEW ( ) CLUSTER DEVELOPMENT ( ) BUSINESS PARK DEVELOPMENT DISTRICT ( ) PLANNED UNIT DEVELOPMENT APPLICANT: VCIf1n '16-et- /al PROJECT NAME & ADDRESS: �}�/L-✓�l1 (�/�J�7C/jL(,� Cti.�C..C/ �� a/7r_ c,VQ���i�I�z'c���ccC� CONTACT PERSONS AND PHONE: Applicant: /f/'/,sfir� ///Q/✓Q CITY: 7� -�j�j��' COMMENTS DUE BY: jt'd (Failure to comment within 35 days shall be deemd lack of opposition. ) ( ) Concur with proposal (Explain on reverse side) ( ) Need more information (Explain on reverse side) ( ) Cannot concur with proposal (Explain on reverse side) ( ) Comments included REVIEWER`S SIGNATURE TITLE DATE CITY OF SALEM, MASSACHUSETTS APPLICATION g by 30 1 1 3s Ali °89 SPECIAL PERMIT FILE#, WETLANDS AND FLOOD HAZARD DISTRICTS CITY GU4k2C, Applicant: John Bertini c/o Bertini's Inc. City Clerk Stamp i Address: _284 Canal Street, Salem, MA 01970 Telephone: 508/744-1436 Owner: JAB Trust Address Location of Property: Canal Street and Kimball Road Project Description: Extend and fence in a paved parking area I. It has been determined by the Building Inspector that the above property lies in the following area(s) : A. Wetlands District - Wetlands ( ) Buffer Zone ( X ) B. Flood Hazard District Zone A ( ) Zone A3 ( ) Zone V3 ( ) Zone B (X) 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. 4 -2- 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 conditions applicable in Section III below. III. 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) 1. 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. N.A. -3- W 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) N.A. (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. See :Notice of Intent and attached Wetlands Report. B. Wetlands Districts { ) 1. The proposed development or use shall not include the storage of salt, chemicals, 'petroleum products or other conte minting 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 Regulation",`.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.) N.A. t 3 -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. N.A. ( ) 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 ( X ) ( ) 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 ( X ) C. Flood Hazard District (all zones): ( ) 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. N.A. ( ) 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 tothat 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. N.A. } sx -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. N.A. ( ) 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) N.A. ( ) 3. The support of new structures or substantial improvements shall not be, in whole or in part, by the use of fill. (Provide details) NAA. 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 } -6- 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 , Ki Title �jCl Date C �' t 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 10.99: continued Form 3 . OECE File No I(� �js Commonwealth liooepro•-aeaeyOEOEI l• of Massachuselts Salem r� CilyiTown ' �oor<anl John Bertini Notice of Intent Under the Massachusetts Wetlands Protection Act, G.L. c. 131, §40 and Application for a Department of the Army Permit Part I:General Informatlon t. Location:Street Address Canal Street and Kimball Road Lot NumberAssessors Plate Lots 9 Plate 23 , Lot 144 2. Proiect:TypeNew Const. Description Extend and fence in a paved parking area. all IT a 3. Registry:CountyEs sex Current Book 3955 &Page 530 . Certificate(If Registered Land) 4. Applicant John Bertini Tel. 744-1436 a Address c/o Bertini' s Inc. , 284 Canal Street, Salem, MA 01970 f S. Property owner JAB Trust Tel 744-1436 Address same as above ' Atty. John Serafini, Sr. 6. Representative c/o Serafini, Serafini & Darling Tel 744-0212 Address 63 Federal Street, Salem, MA 01970 7. Have the Conservation Commission and the DEC1E Regional Office each been sent.by certified mail or hand delivery,2 copies of completed Notice of Intent,with supporting plans and documents? Yes $) No 0 3•t � 10/16/87 (Effective 11/1/87) 310 CMR - 280.17 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 10.99: continued 8. Have all obtainable permits,variances and approvals reouired by local by-law been obtained? Yes G No IN Obtained: Applied For: Not Applied For: Wetlands and Flood Hazard Districts 8. Is ury porton of the site subject to a Wetlands Restriction Order pursuant to G.L.c. 131.540A or G.L. c 130.41057 Yes ❑ No ff 10.List as ptan and supporting documents submitted with this Notice of Intent. Identifying NunberMtter Tilt.Date SD Site Development Plan 5-19-89 - R Wetlands ReFort 5- 24-R9 ( SD-2 Composite Site Plan 1 -29-88 11.Check those resource areas within which work is proposed: (a)EK Buffer zone (b)kdartd O Bank' Land Subject to Flooding. CK Bordering Vegetated WeUard• O Bordering O Land Under Water Body&Waterway' O .Isolated (c)Coastal: a Land Under the Ocean* O Designated Port Area (3 Caastat aeach• .. O Coastal Dune ❑ Barrier Beach O' coastal Bank O Rocky lnterddalSAon• - -❑ .SaltMman• . O Lend Under Sof Ponde O Land Containing SMlttfah• O RshRu+• 'Likely to InvoWe U.S.Army Corps of Engineers eonce ent hwitdietlan.See General Instructions for Completing Notice of Intent. 3.y �. } 1N28/E7 (Effective 111V8j) 310 CMR-280.1E 310 CMR: DEPARTMENT OF ENVIRONMFANTAL QUALITY ENGINEERING 10.99: continued I 12. Is the wetland resource area to be altered by the proposed work located on the most recent Estimated Habitat Map(it any)of rare."state-listed"vertebrate and invertebrate animal species occurrences provided to the conservation commission by the Natural Heritage and Endangered Species Program? YES ( J NO ( Date printed v%e Estimated Habitat Map issued NO MAP AVAILABLE ( ) (if any, 1 kkSS It yes, have you completed an Appendix A and a Notice of Intent.and filed them, along with supporting documentation with the Natural Heritage and Endangered Species Program by certified mail or hand delivery,so that the Program shall have received Appendix A prior to the filing of this Notice of Intent? YES ( ' J NO ( ) C , c •3-3 10/18/87 (Effective 11/1/87) 310 PMR-280.19 31U l„MK: UL1'Hn�Mur� yr ur vrn.vjrmu••.•�v��•-•• • •- �-••-----• ••- ' 10.99: continued Part If:Site Description Indicate which of the following information has been provided ion a plan,in narrative description or Calcula- tions)to clearly,completely and accurately describe existing site conditions. Identifying Number/Letter (of plan.narrative or calculations) Natural Features: R soils R vegetation R Topography SD-2 Open water bodies(InGuding ponds and lakes) SD-2 Flowing water bodies(hroufdfng streams and riven) Public and private surface water and ground water supplies on or within 100 feet of site Maximum animal ground water*"dons with dates and location of test SD SDBoundariesBowaries of resource areas checked under Part I,Item 11 above TA P Other Man-made Features. SD Struottres(such as buildings.plena.towers and headwelS) SD Dialnege and flood control facillttes at On site and immediately oft the aitR kckx*ng culverts and open dmrnsia (with Inverts),dams and dikes N/A Subsurface sewage disposal systems SD-2 Undergroundutillties SD Roadways and parking areas r Property boundaries,easements and rights-of-way Other Part UC Work Description Weals which of the following information has been provided(on a plan.In narrative dearctWo n or aleula. Uons)to Cleary,completely and accurately describe work proposed within each of the resource areas - checked In Part I,item 11 above. Identifying . Number/Letter (of plan,narrative , or calculations) SD PlarMavr and Cross Section of: Struehuas(such as bWdhgs.pias.towers and headwalls) SD Maicege ono flood control ISCO a.ftlui w culverts and open channels(with inverts). dams and CMM SD-2 Subwrface sewage disposal systems d underground uti8ties NIA Filling.dredging and excavating.Indicating volume and composition of malarial N/A Compensatory,storage areas.where required in aCdordance with Part M.Section 10:57 ..(4)of tin regulations ` N%A ' 111fMIls habitat restoration or repiieatlon areas ' N/A Other NI A < . Point souresDischarge Description of characteristics of dbcharge from PoWdouree(both dosed and open channel).when point of discharge falls within reaowfh area lacked wider Part).item 11 above,as supported by standard engineering calculations,data end plans,Including ( but not Smiled to the following: \... 3.4 f 16/16/87 (Effective 11/1/87) 310 Oat-280.20 rF 4 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING - 10.99: continued 1. Delineation of the drainage area contributing to the point of discharge: 2. Pre-and post-development peak run-off from the drainage area,at the point of discharge, for at least the 10-year and 100-yearfrecueney storm; 3. Pre-and post-development rate of Infiltration contributing to the resource area checked under Part I,item 11 above: 4. Estimated water quality charactehadcs of pro-and post-development nm-off at the point of discharge. Part IV:Mitigating Measure 1. -Clearly.completely and accurately describe.with reference to supporting plans and caleWallons where necessary: (a) AN measures and designs proposed to meet the performance standards set forth under each re- source area specified in Part 11 or Pat 111 of the regulations:or (b) why the presumptions set forth under each resource ares specified in Part 11 or Part III of the regula- tions do not apply. O Coerel Rssouroe Ana Type: wsmeryvq rMerwaaaner rf0 Bordering Vegetated Wetland armenaac�eranu C No work is proposed within this wetland SD Resource Area. O COMA 1110WneeMSTyse: We Wyl It;ro aaatar O sura of rip""esaeneaa �. 3.3 10/16/07 (Effective 11/1/lim 310 CMR—200.21 710 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 10.99: continued C Coastal Aasml,ce Area Type: WO.I.NnQ ey oer W Ieller O World of support oocp la 2. pearly,completely and accurately describe,with reference to supporting plans and calculations where necessary: (a) all measures and designs to regulate work within the Buffer Zone so as to ensure that said work does not alter an area specified in Part 4 Section 10.02(1)(a)of these regulations;or (b) N wont In the Buffer Zone will altar such an area,all measures and designs proposed to most the performance standards established for the a0cent resource area.specifled in Part 11 or.. Part M of these regulations. O Coat Resource AmIypaacrose"By100•floollaraaeoaryZar bMWr•gnrwaaranar 10 rued Bordering Vegetated Wetland supwrt Staked haybales will be placed immediately SD, R downgradient of construction to prevent siltation of the adjacent wetland and to . delineate a no work zone. Haybales will remain in place throughout construction and until the area has been stabilized. The haybales will be periodically inspected, maintained, and replaced -as necessary. t "10/16/87 (Effective 11/1/87) 310 CMR-280.22 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 10.99: continued Part V:Additional Information for a Department of the Army Permit 1. COE Apolicalion No. 2. (to be provided by COE) (Name of waterway) 3. Names and addresses of property owners adjoining your property: 4. Document other project alternatives fl.e..other locations and/or construction methods.particularly those that would eliminate the discharge of dredged or fill material into waters or wetlands). S. 8%'x 11'draw6ps In planview and crm.seclion,showing the resource area and the proposed aetiv- tiY within the resource area.Dra"Vs must be to scale and should be dear enough for photocopying. Cardlicallon is.required.kom the DMslon.cf.Water P.olludon.Conbol before the.Fedend permit can be C Issued.Certification maybe obtained by contacting the Division of Wow Pollution Controk I WlnterStreet Boston,Massachusetts 02108 . Where Me activity will telte place within the area under the Massachusetts approved Coastal Zone Management Program,the opplicantcortiees that his proposed activity,compiles with and will be conducted In a miner tat is eonaiatent with the approved program. Information provided will be used in evaluating the application for a permit and is made a Matta of public record through Issuance of a public notice.Disclosure of Its information Is voluntary.however,if necessary Information Is not provided the application cannot Qe processed nor can a permit be issued. I hereby cor11y under the pfima and pulntliMs of perjury that the foragekg Notice of Intent and accompanying Olw and supporting data and complete.to the beat of my,WwMedge. // Date c ADpppnCs Representatlw Date FORM "' 'so.au..to aro rare aw a.a...ed by NOMCL v Na tsar. NEp 100 (TEST),4N 4 aa.140N•Wed r.Nrreaw N W Am? w31400 of Naaaaaa.aans.rrae.n.. 1 MAY 82 OW a a«w 14 001400 r.r.wl..14 N.f...Nk.khw N flaked 9144,,"tom Ta oma. Of 111aaasaoo.00 sed 3N940(ONO 1140 ara.N shoos FaNk.a r0aak.a by ON us AMY coo" N a.ai N ous 11a14Nr ersa.sys sow aaakak«a.$a N as 3anM0w Jay Mlles'.Tale 44.14."0.111 M M N a 14.1"yin. 3.7 10/16M7 (EffaCdve 1111187) 710 CMR-280.23 [� r GULF OF MAINE RESEARCH CENTER INC. FIGURE SD SITE DEVELOPMENT PLAN r Q�. � y ..:r v-.JJ• Y�i.iq:_!� C� �•. :'s_f i��:�r�J 1��..��;��.J,:::���•'���• .J,Ai•,yi?i: :ii:y::i`t?if '�'$C%.- .,a n:`F¢i:''z/ , /( �•{:i• 'ii:`'ll:-"�Y.•-}iYt::�t:�'::')•-1 !i� 'I rr l.�.� "I,- �J( h/' r �� ����j \ .l}yr�,.:'•'.: i: •:T• •.r:�is .+J$'' � � 1 1�1� � \ i� y '.i+,S„nx:jil?s. `P:t' �::•.:i��;/I�iJi�:�� �n� i��-��� , .y '' 'if w�Mt '��r,iilj'�/�f11 !� J JS�f�l ttt�•' - � ''• r .� ,•:�' .� •`S _ �lt":.r, .J.:-n_:�:••l�tJo ) fl'�fJ• t�'jflr�lt(� � � �' fy f i..+t t>�':i;• .j�V'E.�•'t..� f:. t. ®'-• :fJ•'.i y••*,jl,'3.. 3,.�'.;fc;•f"li [.�%'�.;a:yf:lY".:.'1.'�� eeL�l ^'W ! fir..:.;�... . . li•4 1 ! 'il I / Jli .i��. � � * • r p �� °A � a yr °y v a \ C c� uA '40� 49 Qct i A y oaOA'e r a\e 46 �h7 .a mit. .oa nye �, a feV k 16 �/ /ryy F o + 3 mT&M Engineerin 83 Pine Streetg " " m �m PR:<L/ r//V RY TMor a _ = '��i1 Associates,tnc. s �' S/T� DEV�Lopc�NT PG�1N t �' o z (���� a �• u P Peabody.MA. 01380 �4'«�i �,Lj55lQ•Ci�L✓.5'LL'TT.S r �� K e.nac 535-7328 7-0R $°ecEp Seale /;ap• DwO�er I on .Fr ac%/ .y�Rgc/K GIRT/N/ E a� GULF OF MAINE RESEARCH CENTER INC. ATPACEIPI MIT A WETLANDS REPORT 4 Wetlands Report Providing Information for Notice of Intent Under the Massachusetts Wetlands Protection Act M.G.L. c. 131 s.40 for property at Kimball Road Salem, Massachusetts Report Number #11760213 Prepared for: T & M Engineering 83 Pine Street Peabody, Massachusetts Prepared by: Gulf of Maine Research Center Inc. 204 Lafayette Street Salem, Massachusetts May 26, 1989 GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET SALEM, MA 01970 (508) 745-6618 FAX 508-741-8648 GULF OF MAINE RESEARCH CENTER INC. Section I : Introduction The applicant, John Bertini, and Trustees of Jefferson Trust, propose to pave and fence an existing parking area on a parcel of property in Salem, Massachusetts. The property is located on Canal Street and Kimball Road (Figure 1) , and is identified as Lots 29, 30, 31, 32, 35, 102, 419 of the assessor' s map 32; and, Lot 144 of map 23 and is hereinafter referred to as the "Site" . The Gulf of Maine Research Center Inc. of Salem, Massachusetts identified and delineated the boundaries of Wetlands Resource Areas on the property and served as environmental consultants for the project. T & M. Engineering Associates, Inc. conducted the Site survey and served as the project engineer. The Site layout will protect the Wetlands Resource Areas according to the criteria and performance standards of the Massachusetts Wetlands Protection Act (M.G.L. c. 131 s.40) and Regulations ( 310 CMR 10:00) , as well as the City of Salem Wetland ByLaw. This report describes the existing wetlands on the Site and discusses measures to protect the interests identified in the Massachusetts Wetlands Protection Act and Regulations. Site visits to delineate the wetlands were conducted on February 3 , 1988 and April 26, 1989. Section II : Site Description and Wetland Resource Areas The project Site is 2. 5 acres within a total property area of approximately 25 acres (see attached plan) . Elevations surrounding the area to be developed range from 10 to 20 foot. The area to be developed is generally flat, unvegetated, and currently is used for parking. A wooded upland area on the southwest corner contains box elder (Acer negundo) , black locust (Robinia pseudoacacia) , red maple (Acer rubrum) , 4 1 GULF OF MAINE RESEARCH CENTER INC. and silver maple (Acer saccharinum) . A culvert on the south side of the project Site drains much of the parking lot south and west of Bertini ' s Restaurant. Lying west of the project Site is a marsh containing common reed (Phragmites australis) , willow (Salix s2. ) and cattail (Typha angustifolia) . This wetland appears to be fed primarily by run-off and by a brook which enters the wetland from the north. Drainage flows from west to east via a small stream which enters the wetland under Jefferson Avenue. North of the project Site is the Boston & Maine Railroad, east is Canal Street, and south is a residential area. Upland soil conditions at the Site are those of smoothed Udorthents, urban areas from which soil material has been excavated or deposited (Soil Survey of Essex County, USDA 1987) . These soils are highly diverse and the depth of the surface layer, a dark brown loam, is typically around 19 inches, although this is quite variable. Most areas of this soil unit are suitable for roads, highways, schools, and athletic fields, as well as for buildings. The Wetland Resource Area at the Site is classified as a Bordering Vegetated Wetland (BVW) according to the Commonwealth of Massachusetts Wetlands Regulations ( 310 CMR 10. 55) . A list of upland and wetland vegetation and their affinities is found in Table 1. A total of 14 stations were flagged (Al to A14) ; each station represents the boundary of the BVW (see Appendix A for vegetation analysis methodologies) . Section III. The wetland interests on the property subject to protection under the Massachusetts Wetlands Protection Act are: 4 2 GULF OF MAINE RESEARCH CENTER INC. - public and private water supply - groundwater supply - storm damage control - flood control - prevention of pollution - protection of fisheries - protection of wildlife In addition, Salem City By-Laws also state that a person shall not alter land within 100 feet of a wetland or a 100-year flood elevation without receiving and complying with an Order of Conditions from the Conservation Commission. The state also mandates that no project shall have an adverse effect on rare vertebrate or invertebrate species within a resource area. Lastly, the state regulations (310 CMR 10. 02 2b) and the Salem City By-Laws provide a 100 ft. Buffer Zone outside the Resource Area. Any activity in this Buffer Zone must not destroy or otherwise impair a protected Wetland Resource Area. Section IV: Impacts and Mitigation No work is to be conducted within Bordering Vegetated Wetlands; therefore, no measures and designs are required to mitigate direct impacts to this resource area. Work within the Buffer Zone will be conducted in a manner that will prevent alteration of the BVW. Staked haybales will be placed immediately downgradient of construction to prevent siltation of the adjacent wetland and to delineate a no work zone. Haybales will remain in place throughout construction and until the area has been stabilized. The haybales will be periodically inspected, maintained, and replaced as necessary. According to the most recent "Estimated Habitat Map" for rare 3 GULF OF MAINE RESEARCH CENTER INC. and endangered species in wetlands within the City of Salem ( 1989) , the Site does not provide rare and endangered species habitat recognized by the Massachusetts Department of Fisheries and Wildlife, Natural Heritage Program. No public or private water supplies are present within the influence of the proposed project and the BVW contains no significant fisheries. Based upon available information from T & M Engineering, Project Engineer, and from the National Flood Insurance Rate Map for Salem ( 1985 Figure 2) , the proposed residential development falls outside of the 100 year floodplain. Therefore no compensatory water storage is required. The storm drainage catch basins on the western side of the proposed parking area will be outfitted with oil and grease traps to prevent groundwater pollution. These catch basins will feed into the existing storm drainage system on the south side of the property, which ends in the existing culvert. Lines of haybales will surround the Site on the north, west and south sides, coincident with a limit of work line. The wetland will be protected by a forty foot ( 401 ) buffer between the line of work and the BVW on the west and south sides (see Site Development Plan 5-19-89) . Section V: Summary The applicant proposes to pave and fence in an existing parking area on a Site within the buffer zone of a Bordering Vegetated Wetland. No work will be conducted within the Resource Area. Work in the 100 ft. Buffer Zone will be conducted so as to prevent alteration of the Bordering Vegetated Wetland. The project design complies with all performance standards of the Massachusetts Wetland 4 4 GULF OF MAINE RESEARCH CENTER INC. Regulations and the Salem City By-Laws; therefore, the interests of the Act and the ByLaw will be protected. 5 GULF OF MAINE RESEARCH CENTER INC. Table 1 Plant Species Associated with the Site The following list of plant species represents the floristic composition at the site. The Commonwealth of Massachusetts Department of Environment Quality Engineering (DEQE) recognizes the United States Fish and Wildlife Service National Wetland Plant List (Northeast Region) as the definitive source for the frequency of occurrence of plants in wetlands. The following definitions are utilized to characterize the plants on this list: OBLIGATE (OBL) : Always found in wetlands under natural (nonplanted) conditions (frequency greater than 99%)., but may persist in nonwetlands if planted there by man or in wetlands that have been drained, filled, or otherwise transformed into nonwetlands. FACULATIVE WETLAND (FACW) : Usually found in wetlands (67-99% frequency) , but occasionally found in nonwetlands. FACULATIVE (FAC) : Sometimes found in wetlands (34-66% frequency) , but also occurs in nonwetlands. " FACULATIVE UPLAND (FACU) : Seldom found in wetlands (1-33% frequency) and usually occurs in nonwetlands. NONWETLAND (UPL) : Occurs in wetlands in another region, but not found (<l% frequency) in wetlands in the region specified. If a species does not occur in wetlands in any region, it is not on the list. DRAWDOWN (DRA) : Typically associated with the drier stages of wetlands, such as mud flats, vernal pools, and playa lakes. NO AGREEMENT (NA): An unanimous decision was not reached by the regional interagency review panel. NO REVIEW (NR) : Those specie that have not yet received regional review. r GULF OF MAINE RESEARCH CENTER INC. It should be noted, however, that individual plants from any category may be found in a variety of habitats. Occasional wetland plants occur in upland settings, and vice versa. Therefore, the relative cover of a number of species provides more useful information regarding wetland delineation then does data collected on distribution of a single species. r r GULF OF MAINE RESEARCH CENTER INC. Table 1 Kimball Road Salem, Massachusetts Plant Species Associated with the Site SCIENTIFIC NAME COMMON NAME OBL FACW FAC FACU MISC Acer negundo Box Elder X Acer rubrum Red Maple X Ambrosia artemisiifolia Ragweed NR Celastrus orbiculatus Asiatic bitterweeet NR Chelidonium ma us Celandine NR Eguisetum arvense Field Horsetail X Lonicera sp. Honeysuckle X Oenothera biennis Evening primrose NR Phragmites australis Common Reed X Populus sp. Cottonwood NR Prunus serotina Black Cherry X Pyrus ER. Apple NR uercus alba White Oak X Robina pseudoacacia Black Locust X Rosa multiflora Multiflora Rose X Salix sp. willow X X X X Solidago sp. Goldenrod X X X X Vaccinium corymbosum Highbush Blueberry X Viburnum recognitum Northern Arrow-wood X r r GULF OF MAINE RESEARCH CENTER INC. r APPENDIX A Delineation of the Wetland Plant Boundary The Wetland Resource Area was delineated according to the Massachusetts' Wetlands Protection Act (M.G.L. Chapter 131, Section 40) and Regulations ( 310 CMR 10.00) , which state, "the boundary of Bordering Vegetated Wetlands is the line within which 50 percent or more of the vegetational community consists of the wetland plant species identified in the Act." (310 CMR 10.55) The Act lists four distinct types of Bordering Vegetated Wetland: swamp, marsh, wet meadow, and bog. Plants not mentioned in the Act, but identifiable as wetland species through the use of the United States Fish and Wildlife Service Wetlands Plant List, 1988, or through the Professional field experience of Gulf of Maine Research Center scientists, are used to establish the 50% line of delineation. A number of quantitative ecological techniques and methodologies are available to examine wetland and terrestrial plant habitats. Gulf of Maine Research Center delineates wetlands through the use of a line or belt transect system (Roth, 1984) (A transect is an imaginary line bisecting a parcel of land) . Transect systems are particularly useful for exploring environmental gradients and ecotone ecology. f M GULF OF MAINE RESEARCH CENTER INC. This methodology relies on careful field observation correlating changes in vegetation, hydrology, and soils (Tiner, 1988) . Upon arrival at a project site, Gulf of Maine scientists walk the area in order to qualitatively evaluate Wetland Resource type, existing topography, wetland, and upland conditions. Hydrologic, vegetative, and soil conditions are noted. Once an area has been clearly identified as containing a Wetland Resource Area, the wetland-upland boundary (the "delineation") is determined. Transect lines running perpendicular to the perceived boundary are established at appropriate intervals (generally not more than 30 ft. apart) . Starting at a point where wetland conditions are obvious, transect lines are walked upland towards the perceived boundary. Changes in floristic composition and soil properties are noted, as is the first point where 50% or more of the plant species are no longer wetland species. The transect evaluation continues until upland conditions are clearly obvious. Finally, the transect is walked back towards the wetland and the initial 50% boundary determination is re-evaluated and adjusted as necessary. A strip of surveyor's tape ( "flagging") is tied around a tree, shrub, stake or other semi-permanent object indicating the boundary location. Field notes are taken indicating conditions and plants upgradient and downgradient of the flagged location. The above procedure is repeated along all of the transects and flags are placed along the boundary line. Vegetation upgradient and downgradient of the flagged interval is evaluated in 3 layers: canopy (forest tree communities) ; shrubs or saplings (up to about 15 ft in height) ; and herbaceous vegetation. GULF OF MAINE RESEARCH CENTER INC. Based upon field observations, a plot is established at the flagged interval and the percent cover of each layer of vegetation is evaluated within this plot. In general, a 1 square meter plot is used for the herbaceous layer and an approximately 10 square meter plot is used to evaluate percent cover of woody vegetation. (up to a 100 square meters plot may be used for mature forest communities) (Cox, 1985) . Finally the delineation boundary line is created by connecting the transect points, and a detailed site inspection report is prepared. } GULF OF MAINE RESEARCH CENTER INC. Appendix B References Cox, George W. 1985, Laboratory Manual of General Ecology, Wm. C. Brown, Dubuque, Iowa. 248 pp. Department of the Interior, U.S. Geological Survey 1980. Hydr212ciy and Water Resources of the Coastal Drainace Basins of Northeastern' Massachusetts, Castle Neck River, Ipswich to Mystic River Boston Massachusetts Division of Fisheries and Wildlife. Natural Heritage and Endangered Species Program 1988. Atlas of Estimated Habitat of State-listed Rare Wetlands Wildlife. Mass. Div. of Fisheries and Wildlife, Boston, MA (Salem Quadrangle) Roth, Charles E. 1984. The Plant Observers Guidebook. Prentice Hall, Inc. , Englewood Cliffs, N.J. 222 pp. Tiner, Ralph W. , Jr. 1988. Field Guild to Nontidal Wetland Identification. Maryland Department of Natural Resources; Annapolis, Maryland. 283 pp and plates. United States Department of Agriculture, Soil Conservation Service. 1987. Soil Survey of Essex County, Massachusetts-Southern Part. Map. No. 11. } GULF OF MAINE RESEARCH CENTER INC. FIGURE 1 USGS MAP t ��o d;' it � 1. d o 1, �•°��` -� r♦ Loi I f,( I ( IL P♦ �nE � ♦ -� LY� L[1CN ♦ dITCr 1 ♦ • LA L o • .. : .L CiAA' O , � '~$ . ... � ••. �; �,.6.� { \C_ 1I I � . � Aw ♦v[ ° � Ski The .Site LA SA Aw w �t '{ •r' : L��, L m' rA enc 4 \� •',;•vt —I���.� o^•��L I � `� � , S rA eco -;� ;.� �''- � ,,y :� a coy. _;1 � a. [• • ,.� u Of. ��Gol4S1 o>i'�- OE < - yy-Pon r Yo ) .� a► O \ 1� �'� _ 1.. �I Se. • � so sc �• '�•• ,' J 'I / O O t • � SYON� � / ti FIGURE 1 : SITE LOCATION SCALE: 1" - 2100' Base Map: USGS Salem Quadrangle Topographic Map GULF OF MAINE RESEARCH CENTER INC. FIGURE 2 FIMA MAP M w d, FIf ♦ GULF OF MAINE RESEARCH CENTER INC. SUMMARY OF QUALIFICATIONS f M a Summary of Oualifications GULF OF MAINE RESEARCH CENTER, INC. 204 Lafayette Street Salem, MA 01970 (508) 745-6618 .The Gulf of Maine Research Center, Inc. is a small business headquartered in Salem, MA, with branch offices in Lawrence, MA, and Portsmouth, NH, specializing in interpretation of environmental regulations and technical consultation with attorneys, developers, bankers, title companies, engineers, industry and government. Federal, state and local laws are enacted and modified in order to protect the environment and the public health and safety. Compliance with these laws requires the submission of technical information to local, state, and federal regulatory agencies when business operations are modified or new facilities are constructed. Some of the projects which the Gulf of Maine Research Center, Inc. has recently been undertaken, include: * Conducting numerous MGL c.21E site assessments - over 600 in 1988 - for the presence of oil and hazardous materials. We have coordinated and supervised remedial action programs on contaminated properties, including underground tank removal, groundwater recovery system installation, contaminated soil removal and modeling of groundwater flow and contaminant transport. * Performing numerous peer reviews of MGL 21E hazardous waste site assessments - over 200 in 1988 - for several large New England banks. In several cases we detected omissions or oversights in the reviewed reports. * Providing technical support and consulting services to numerous clients regarding site notification procedures, MCP Waiver preparation, and other sensitive issues Pertaining to property contaminated with oil or hazardous materials. * Developing a comprehensive groundwater flow model to evaluate the feasibility of discharging treated sewage effluent into the groundwater. for an entire municipality on Cape Cod. * Preparing Notices of Intent and Wetland Compliance Reports for Conservation Commissions throughout the Commonwealth for installation of submarine cables, seawalls, sewer lines, roadways, houses and drainage structures within the buffer zones of coastal and inland wetland resource areas. * Designing and performing several successful replications and restorations of wetland resource areas A both freshwater and saltwater ecosystems. Page 2 * Preparing and presenting adjudicatory hearing testimony and expert testimony before the Massachusetts Department of Environmental Quality Engineering for projects in Wetland Buffer Zones. * Preparing Wildlife Habitat Evaluation in compliance with the Massachusetts wetlands Protection Act. * Reviewing and recommending options to engineering companies and city and state officials relative to alteration and restoration of ponds, lakes, and fresh and salt water wetlands. * Recommending sewer outfall locations in Lynn, Salem, and Boston Harbor and evaluating impact of a sewer pipeline through wetlands and shellfish areas in Quincy, Weymouth, and Braintree. * Obtaining Conservation Commission approvals for Eastern Route MBTA track, as well as bridge and drainage improvements in Salem, Beverly, Wenham, Hamilton, Ipswich, Manchester, Gloucester and Rockport. * Analyzing technical reports and records of Acid Rain Damage in Massachusetts for New England Electric, Boston Edison, Commonwealth Electric, Northeast Utilities and Eastern Utilities Associates. * Performing evaluations of schools and other buildings for potential hazards associated with the presence of asbestos containing materials. We prepared management plans delineating necessary control actions mandated by federal and state regulations. In addition, the staff of the Gulf of Maine Research Center, Inc. , has experience in siting numerous land-based and offshore energy facilities including: * Obtaining a U.S. Environmental Protection Agency (Region 2) N.P.D.E.S. permit. to allow ocean disposal of drilling mud and cuttings in the Mid-Atlantic, enabling oil and gas exploration to proceed. * Preparing permit strategy, documents and environmental reports and. designing, subcontracting and supervising studies of land, water, and air for EG&G New England Energy Park 10,000 ton per day coal gasification plant proposed for Fall River, MA. * Preparing permit strategy and documents for proposed New England Electric and EG&G co-generation plant to generate process steam and electricity at Millers Fabs, M. * Directing application for waiver of stack tests at NASA Hazardous Waste Rocket Fuel Incinerator at Kennedy Space Center. Page 3 We have also arranged and conducted a series of U.S. Industrial Pollution Control Tours for International Environmental Officials. This work was undertaken for the World Environment Center and U.S. Department of State (Agency for International Development) . We arranged the itinerary and conducted a tour for the Environmental Protection Minister of Tunisia. He visited industrial facilities in Massachusetts, Pennsylvania, New York, Texas and Florida. Similar visits are planned for other senior International Environmental Officials. The activities in which we engage are multi-disciplinary. They involve interacting with engineers, geologists, hydrologists, chemists, biologists, economists, planners, attorneys and facility managers. We often work with solid and liquid waste disposal alternatives, treatability of wastes, surface and ground water contamination, and the impacts of hazardous materials and chemicals on the environment and public health and safety. We evaluate ocean outfalls, evaluate impacts on water use, define wetland boundaries, define compensation for wetland utilization, evaluate feasibility of dredging and disposal of dredge spoils, and prepare Environmental Impact Statements, Environmental Impact Reports and applications for environmental permits and approvals. Dr. Hugh F. Mulligan is the Director of the Gulf of Maine Research Center, Inc. Dr. Mulligan consults with other individuals or firms, as necessary, to carry out the Center's environmental programs. Prior to establishing the company, he worked for ten years with engineering and environmental consulting firms and spent fifteen -years in academic research, teaching and public service. Dr. Mulligan has authored more than 50 scientific publications on limnology, aquatic botany, phytoplankton, and oceanography and has presented papers at national and international symposia. He was awarded an NSF Fellowship at Cornell in 1961, was awarded a Fullbright Fellowship to develop a Center of Excellence in Oceanography at the University of. Karachi in Pakistan in 1975-76 and, in 1975, was selected by the U.S. and Rumanian Academies of Sciences for a 10-month Exchange Research Fellowship to study the Danube Delta of the Black Sea. He has worked closely with scientists from AID, World Bank, FAO, UNDP, and other international agencies. f Page 4 Additional projects Dr. Mulligan has completed include: * Obtaining all environmental permits for Allied Specialty Chemical Oximes Plant in Hopewell, VA. * Designing regulatory studies, preparing a compliance plan and obtaining ocean dumping permits for Allied Chemical Company enabling they company to discharge industrial wastes into an approved disposal area in the Mid-Atlantic. * Preparing the first Environmental Reports which achieved compliance with U.S.G.S. regulations and consistency With CZM regulations for oil and gas exploration off the Mid and North Atlantic coasts. * Obtaining N.P.D.E.S. permits for Hudson River Power Plants with Thermal Discharge Demonstration Compliance Studies. * Designing and conducting complex studies on the phytoplankton productivity of Georges Bank for the U.S. Bureau of Land Management essential to permitting for oil and gas exploration. * Designing an Ocean Dumping Compliance Program for the Government of Australia. * Evaluating dredging and ocean disposal of dredged materials for the U.S.Army Corps of Engineers at Roosevelt Roads Naval Base, Puerto Rico. Experience with these and other projects has enabled Dr. Mulligan to analyze environmental problems and identify the most cost effective and technically sound solution. He can provide a third party role by preparing or reviewing proposed scopes-of-works, reviewing proposals, and performing technical overview of reports and studies while the work is in progress. f Ecological Services Wetland Assessment and Management Lake and Watershed Assessment and Management In recent years, legislation has protected so-called critical Gulf of Maine Research Center conducts diagnostic and environment from potential degradation and/or complete feasibility studies of ponds and lakes to determine eutrophi- loss as a result of unplanned and unregulated development. cation and contamination problems and prescribes appro- Wetlands and shorefront property have been given special priate techniques to restore these Water Resources. Our priority under both federal and state legislation because of scientists prepare reports as required by the Massachusetts the important functions, values, and benefits they offer to Clean Lakes Program which is administered by the Division the public. of Water Pollution Control(DWPC)within the Department Both the Section 404 Program, which is administered by of Environmental Quality Engineering. Funded by DWPC, the Army Corps of Engineers under the Federal Clean Water several cities and towns have hired Gulf of Maine Research Act, and the Massachusetts Wetland Protection Act, which Center Inc. for the following services: is administered by the local Conservation Commissions, along with the Mass. Department of Environmental Quali- Assessment ty Engineering regulate development activities in and with- • Vegetative distribution mapping 'in a 100 foot perimeter bordering wetlands by requiring • Bathymetric mapping permits to dredge, fill, remove or alter these areas. • Aquatic biology and fisheries inventories Gulf of Maine Research Center both reviews and prepares • Hydrologic budget analysis technical reports and recommends options to private par- • Impact of wastewater on biological communities - ties, developers and engineering companies, as well as city • Storm water runoff sampling and analysis and state officials, relative to alteration in and around fresh • Acid rain impact studies and salt water wetlands. Our services include: • In-lake water quality sampling and monitoring • Wetland Identification • Sediment sampling • Delineation of Wetland Boundaries • Watershed delineation • Wetland Classification/Determination of Wetland • Mapping of physical watershed features Functions • Development of pond rehabilitation and alteration • Inventories of Wetland Natural Resources strategies • Wetland Impact Analysis and Mitigation • Environmental assessment report preparation • Wetland Mapping • Wetland Plant Inventories Management • Identification of Wetland Resource Areas • Land use regulation assistance • Wetland Compensation, Enhancement and • Sediment and erosion control Management • Stormwater routing and management • Wetland Replication • Wastewater management • Site Planning and Design to Minimize Wetland • Wetland enhancement and management Impacts • Wetland Permitting Assistance Aquatic Ecosystem Biological Assessment Gulf of Maine Research Center provides comprehensive 1„tea ' data collection and interpretation services for assessments of freshwater, estuarine and marine ecosystems. We conduct historical research, field investigations and monitoring pro- +”r grams in order to evaluate the general environmental condi- ' $" tion of these ecosystems and to recommend environmentally compatible actions that are both enhancing and mitigating. Terrestrial Ecology _ Our scientists can identify and evaluate terrestrial resources. Our services include: s • Vegetative classification, inventories, and mapping a: s • Identification of Unique Natural Resource areas related to rare and endangered species • Habitat Evaluations ti • Density and Diversity of Vegetation and Wildife Gulf of Maine Research Center Inc. 27 Congress Street, Salem, Massachusetts 01970 0 (617) 745-6618 GULF OF MAINE RESEARCH CENTER INC. EMPLOYEE RESUMES ENVIRONMENTAL CONSULTING SERVICES >O GULF OF MAINE RESEARCH CENTER INC. Hugh F. Mulligan, Ph.D. Director, Chief Environmental Scientist Dr. Hugh F. Mulligan is the Director of the Gulf of Maine Research Center, Inc. Prior to establishing this company, Dr. Mulligan worked for ten years with engineering and environmental consulting firms and spent fifteen years in academic research, teaching and public service. He has authored more than 50 scientific publications on Limnology, Aquatic Botany, Phytoplankton, and Oceanography and has presented papers at national and international symposia. He was awarded an NSF Fellowship at Cornell in 1961, was awarded a Fullbright Fellowship to develop a Center of Excellence in Oceanography at the University of Karachi in Pakistan in 1975-76 and, in 1975, was selected by the U.S. and Rumanian Academies of Sciences for a 10-month Exchange Research Fellowship to study the Danube Delta of the Black Sea. He has worked closely with scientists from AID, World Bank, FAO, UNDP, and other international agencies. Dr. Mulligan has had considerable experience in working on projects that were quite controversial and often precedent setting. His role has been to design and receive industry and regulatory approval for special studies which satisfied the letter of the regulatory requirements and which were technically sound and cost effective. As the studies are being performed, he works closely with regulatory officials to ensure that they are well informed and that the statutory requirements are met. Education Ph.D. , Aquatic Botany, Cornell University, 1966 Biological Oceanography, Graduate School of Oceanography, University of Rhode Island, 1962-1963 M.S.T. , Biology, Cornell University, 1962 B.S. General Science and Mathematics, Salem State College, 1958 Publications and References Information on Dr. Mulligan' s publications and references will be provided on request. h GULF OF MAINE RESEARCH CENTER INC. John A. Bleiler Ecologist/Biologist John Bleiler performs consulting services in the areas of wetland resources and wildlife habitat evaluation. He is involved with the identification, delineation, and replication of wetland resource areas. He is knowledgeable in ecological data collection, field methodologies, and technical report writing. Prior to Mr. Bleiler' s employment at Gulf of Maine Research Center Inc. , he was employed as an environmental education administrator at the South Shore Natural Science Center and the Nantucket Science Center. He has authored articles for both technical and popular audiences. Mr. Bleiler's field experience is diverse. He has worked in coastal and inland wetlands, northeastern and southeastern North America, and in the neotropics. Education M.S. 1985 University of Kentucky: Biochemical Ecology (worked under joint advisors from the University of Kentucky and University of Pennsylvania) . Thesis Biochemical Ecology of Canavanine-eating Seed Predators. Academic Fellow. B.A. 1983 Biology with honors. Bard College. Publications Bleiler, J.A. , Rosenthal, G.A. , & Janzen, D.H. 1988. Biochemical Ecology of Canavanine-Feeding Insect Seed Predators. Ecolo 69(2) 427-433 Dunwiddie, P. & Bleiler, J.A. 1988. Ponds of Nantucket. The Maria Mitchell Science Center Bleiler, J.A. & Hatch, H. , (eds) 1988. A Natural History Guide to Thompson Island Rosenthal, G.A. Berge, M.A. , Bleiler, J.A. , Rudd, T. 1987. Aberrant, Canavanyl Protein Formation and the Ability to Tolerate or Utilize L-Canavanine. Experientia (43) 558-561 Bleiler, J.A. 1987. A Key to the Trees and Shrubs of Thompson Island Bleiler, J.A. 1986. Heathlands of Nantucket. Nantucket Vacation Guide, Nantucket Chamber of Commerce (reprinted, 1988, by Maria Mitchell Science Center) . Bleiler, J.A. 1986. Bogs of Nantucket. Nantucket Vacation Guide, Nantucket Chamber of Commerce (reprinted, 1988, by Maria Mitchell Science Center) Numerous natural history articles in newsletters and newspapers 4 GULF OF MAINE RESEARCH CENTER INC. Christine A. Marro Wetland Scientist Christine Marro's responsibilities include the identification, delineation and replication of wetlands. She is familiar with state and federal wetland regulations, and has performed wetland delineations based on soil characteristics. Ms. Marro also has prepared environmental impact studies, and she reviews development plans for storm water management and soil erosion control measures. Prior to Ms. Marro's employment at Gulf of Maine, she worked for the U.S. Department of Agriculture, Soil Conservation Service, in Acton, Massachusetts, where she delineated wetlands on agricultural land and planned the use of soil and water resources. Education M.A. , . Technical Writing, Pennsylvania State University, 1986. B.S. , Biology, Pennsylvania State University, 1981. Wallops Island Marine Science Program, Wallops Island, VA, 1980. r GULF OF MAINE RESEARCH CENTER INC. James C. Durand Biologist James Durand has been with the Gulf of Maine Research Center Inc. since the completion of his undergraduate studies in wildlife biology and management. He is certified as an Associate Wildlife Biologist. His responsibilities include wetland identification, delineation, and wetland replication along with wildlife habitat evaluations. He is knowledgeable in wetland ecology and wildlife management techniques. Education B.S. Wildlife Biology and Management. 1988 University of Rhode Island. Certification Associate Wildlife Biologist r BUILDING DEPT SERAFINI, SERAFINI AND DARLING JUL9'I � 42 AM '83 ATTORNEYS AT LAW Ly •4G UJ 63 FEDERAL STREET RECEIVED SALEM, MASSACHUSETTS01970 CITY OF SALEM,MASS. JOHN R. SERAFINI, SR. TELEPHONE JOHN R, SERAFINI,JR. 508'744-0212 JOHN E. DARLING Jul211989 617561-2743 July , LEWIS E. ANTONE.JR. TELECOPIER WENDY L. THAYER 508 741-4683 Mr. William Munroe Building Inspector One Salem Green . Salem, MA 01970 S//� Dear Mr. Munroe: In response to your inquiry regarding the prior use of the premises on Kimball Road, to the rear of the restaurant parking lot, I can report the following: Investigation shows that the property in question has been used for storage of vehicles , trucks and equipment , industrial use, for the past twenty (20) years . As you will note this area was zoned industrial and then was changed to a B-2 area a portion of the property is still zoned industrial. The change in the zoning has occurred within the last ten (10 ) years . However , it appears that long prior to that time these premises were used for industrial use and that that use has simply continued to the present. We, therefore, feel that we are entitled, under the law, to maintain a non-conforming use, because the change in the zoning that took place "grandfathered" the industrial use, so that we feel that use is valid. I will submit to you in the next two or three days, an affidavit signed by the users , which will support the investigation thus far. I trust this will satisfy your present inquiry and that a final determination will be withheld until the supporting affidavit is received. Sincerely, FRANK BERTINI & JOHN H. BERTINI , TRUSTEES B ohn R. Ser fini, f acting as their Attorney JRS,SR/dm cc: Mark Blair of 6atem, Aaaacbuoettg Public Propertp Department Nuitbing Department One Oalem Oreen 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer April 25, 1989 Philip D. Moran, Chairman Conservation Commission City of Salem RE: 284 Canal Street Rear Dear Mr. Moran: As requested in your letter of April 19, 1989 this Department has researched the property located at 284 Canal Street Rear, with the following findings: 1 . The property has had several zoning designations over the years, Industrial, B-1 (Neighborhood Business) and its current B-2 (Highway Business) . In each case the area has remained pretty much the same, approximately three hundred (300) feet in from the center line of Canal Street. 2. Under the current B-2 zoning a trucking business such as Pumel Construction would not be a use permitted by right. However, due to the zoning changes it would be important for this depart- ment to know when this use, a trucking company, was first es- tablished at the site. This use is a permitted use in an Industrial zone and perhaps the use could be so called "Grand- fathered". There is no one presently with my office that can recall when this use first started at the site and I would expect that the burden of proof for a starting date would fall on the property owner. Once I have that information I will be better able to answer whether it is a permitted use of not. As I indicated above,the zoning line on the attached flood insurance rate map is approximate. As this department does not survey private property, if an exact line location is required,I would suggest you make a request to the City Engineering Department for assistance as permitted under the City Zoning Ordinance. Please advise if I can be of further assistance. Sincerely, 4.1 William H. Munroe WHM:bms Zoning Enforcement Officer Enclosures (3) _\C V�Hosdai= / a /d m m o � odo k N ms`s z 3 BOOK NO. 3-A CITY OF SALEM AMENDMENTS TO 1965 ZONING ORDINANCE (Book No. 3) 1969 - 1983 September 2, 1969 - 689 - MAJOR REVISIONS TO ZONING ORDINANCE (A new 1965 Map including the 1969 revisions was made, as the previous 1965 map was found to be inaccurate in scaling.) * August 1, 1972 - 709-B - CENTRAL DEVELOPMENT DISTRICT B-5 May 28, 1974 - 414 - REPEAT, OF SECTION ON SWIMMING POOLS July 18, 1974 - 419 - RESIDENTIAL DENSITY REGULATIONS R-2 and R-3 DISTRICTS * December 3, 1974 - 903 - Z=G MAP CHANGE - TRM 7 - FROM R-1 AND R-C TO R-3 DISTRICTS January 3, 1975 - 690 - DENSITY REGULATIONS - R-3 DISTRICTS, EXCLUDING HOUSING FOR ELDERLY (1974) February 3, 1975 - . 765 - DENSITY REGULATIONS - MAXIMUM HEIGHT OF BUILDINGS, EXCLUDING HOUSING FOR OVAL (1974) October 29, 1975 - 852 - CONTROLLED GROWTH ORDINANCE June 1, 1976 - 163 - SWI=G POOL ORDINANCE * September 15, 1976 - 611 - DERBY STREET CHANGE - FROM B-4 DISTRICT TO B-5 * November 9, 1976 - 733 - NORTHEY STREET CHANGE - 733 - FROM I DISTRICT TO R-2 DISTRICT March 14, 1977 - 153 - WETLAND AND FLOOD HAZARD DISTRICTS May 5, 1977 - 285 - AMENDMENTS IN COMPLIANCE WITH CHAPTER 808, G.L. May 5, 1977 - 286 - CLUSTER RESIDENTIAL DEVELOPMENT May 5, 1977 - 287 - PLANNED UNIT DEVELOPMENT * May 20, 1977 - 347 - DERBY & CONGRESS STREET (PICKERING PROPERTY) FROM B-4 TO B-5 DISTRICT March 24, 1981 1063-A - CONVERSION OF RENTAL HOUSING TO (1980) CONDO=UNIS August 2, 1983 - 868-A - AMUSEMENT DISTRICT (1982) _ * MAP CHANGES A TRUE COPY; ATTEST; -18- Councillor Perron amended to­delete #21 in its entirety and insert the following new item #21. No. 21 - Ward 7 -- In an existing I (Industrial) District starting on the centerline of Jefferson Avenue on the overpass crossing the Boston and Maine Railroad Alain Line tracks extend line in a southwesterly direction along the cneterline of Jefferson { Avenue to a point 700 feet beyond the starting poin. An area 140 feet from the center line of Jeffec•son Avenue in a northeasterly direction, now in the I (Industrial) District shall be changed to a B-1 (Neighborhood Business) District. No 21 as amended was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. No. 22 - Ward 7 - Beginning at a point on the northerly line of Virudn Street 163.43 northeast of an established Essex County Stone Bound, thence extending in an easterly direction along the northerly side of Vinnin Street 723.62 feet, thence turning and extending in a northwesterly direction 100 feet, thence turning in a southwesterly direction and extending 478.21 feet, thence turning in a northwesterly direction.and extending 130.05 feet, thence turning in a southerly direction and extending 164.94 feet to the starting point on Vinnin Street. The existing R-1 (one Family Residential District shall be changed to a B-2 (Highway Business) District. Councillor Perron moved that No. 22 be deleted in its entirety. Councillor Butler, acting as temporary Chairman for President Perron declared No. 22 defeated by's roll call vote of 10 yeas, 0 nays and 1 absent. . No. 23 - Ward 7 - Starting at a point on the centerline of Lafayette Street at the cneterline of Lafayette Street at the centerline of the Forest River Bridge, thence extending along the centerline of Lafayette Street in a southeasterly direction appror_ mately 175 feet to the Salem-Marblehead boundary line, thence turning in a general northeasterly direction and extending along the shoreline of upper Salem Harbor, then( turning and extending in a general western direction along the shoreline approximately 215 feet to the centerline of the Forest River inlet, thence turning in a general southern direction and extending along the centerline of the Forest River inlet approxi ll matel,Y 335 feet to the centerline of Lafayette Street, the starting point. The exist- ing R-3 (Multiple Family-Residential) District so bounded shall be changed to a R-1 (On Family Residential) District. No. 23 was adopted by a roll call vote of 9 yeas, 1 nay and 1 absent. No. 24 - Wald 7 - Starting at a point on the centerline of Canal Street at the inter- section of Loring Avenue extend a line northwesterly along the cneterline of Canal Stn approximately 1000 feet to the centerline of the Boston & Maine Railroad spur track; thence turning and extending along the spur track in a northwesterly direction to a point 300 feet perpendicular from the centerline of Canal Street; thence turning and extending in a southerly direction a line that is 300 feet from and parallel to the centerline of Canal Street; thence extending this line approximately 1400 feet to the centerline of Jefferson Avenue; thence turning in an easterly direction and extending a line along the centerline of Jefferson Avenue approximately 400 feet to the Inter- section of the centerlines of Canal Street and Loring Avenue. The existing B-1 (Neighborhood Business) District shall be changed to a B-2 (Highway Business) District. No. 24 was adopted by a roll call vote of 9 yeas, 1 nay and. 1 absent.. { No. 25 - Ward 7 - Starting at a point at the intersection of the centerlines of Paradis Avenue and State Road extend a line along the centerline of State Road extend a line along the centerline of State Road approximately 600 feet in a southeasterly direction to the centerline of Vinnin Street; thence turning' in an easterly direction and extend- ing along Vinnin Street approximately 400 feet; thence turning in a northwesterly diree ion and extending along the lot line approximately 500 feet to the centerline of Paradise Avenue; thence turning and extending in a northwesterly direction apprnx matel; 35o feet along the centerline of Paradise Avenue to the centerlino of Paradise Avenue l� to the centerline of State Road, the starting point. The existing B-1 (Neighborhood Business) District shall be changed to a B-2 (Highway Business) District. Councillor Perron moved that No. 25 be deleted. Acting President Butler declared that the motion to delete No. 25 defeated by a roll call vote of 6 Yeas. L nava nnrr i SOON C". ' BUILDING DEPT Jz Conservation Commission Salem. Massachusetts 111970 VASS. RECEIVED CITY OF SALLA,MASS. April 19, 1989 William Munroe Inspector of Buildings One Salem Green Salem, MA 01970 Dear Mr. Munroe: The Salem Conservation Commission is in the process of investigating possible violations to the Wetlands Protection Act at the site of Pumel Construction, 284 Canal Street Rear. During the course of this inquiry, it has come to our attention that portions of this operation may be located in a Residential Conservation Zone. To assist us in our investigation, the Conservation Commission requests that the Building Department issue a written determination which indicates how the Pumel Construction site is presently zoned and advise the Commission as to whether this operation is an allowable use. Since this item is on our next agenda, we request that, if possible, this information be made available to the Commission before our next scheduled meeting on Thursday, April 27, 1989. Thank you for your help in this matter. If you have any questions, please do not hesitate to contact me or Kathleen Winn, Conservation Administrator. Sincerely, Philip lMoran / Chairman M48 ccLMcreaY r , 1 HARMONY GR ,c,, C, ,, grHauc v 1 1 +JYo ; , Sa � RM 1 a un c� ❑ GRCCMLAWM CCMLTLRV ' 1 LEDGE / ® HILL PARK l GALL° 3 N/4R = 0111 1 1 r ' x o0 � /`1 ` w It aovz EWA i A ` fs� pL , �• f .f J•i� PF " � Lr My FSS O�. M1; cove 1 `°r. /t,E M ? fLL3 / Ne ZONING MAP aR DISTRICTS CAr cove .1-0-1 00 NAME USES PERMITTED I PNn O sr' 1 1 r roafsr - y �4 •1 a I�,RIVER Pq RK t tea 5 ;:. +` / 1 1 ' Sinl(Ie Residence Single family houses .N`'J t °NoiR ro,Rr O General Residence $in$le and two famllyhouses1 ® Apartment House Apartment hooves . Semi Residence Houseswith busm,,aRGnfmt flooronl I l3winasB General business CITY OF Industrial Aryunobjectlonablemanufacturin' SALEM MASS. © Unrestricted Alykindof menufacturing'or use f —SCALE,400 r'CCT TO AN INCH DECEMBER.1934 �oQw.pF,ap JNARLH,19rJ g� yp __ c°N.rLTwr >/ - /<• i _ter — Yui I (fes (�� �'i�• �-cn( �w �J�l^�: P � –�'��r–_—fir CATHOLIC CEMETERY �1 � q I �� HARMONY GROVE S I CEMETERY "' (, C',•�� _/(� y ` GREENLAWN CEMETERY .; w .n $ lee LIOM] N Ll p MxnRi J o Q 9 } i V _ L , IT < _ I �. 8 3 � l 9 Ra Ile H1 �U �, IC 1 � r �� _ A t/k � MAP PREPARED BY THE PLANNING BOARD USES OF DISTRICT CITY OF HISTORICAL HISTORICAL ��• e -- CHAIRMnN SINGLE RESIDENCE /� SALEM, MASS. TWO FAMILY RESIDENCE APARTMENT HOUSE P.tteet: +\ J_ ,I � �.,...��� n�� l• ,� � RESIDENCE I�TINDUSTRA ✓O IZSCALE IN FEET BUSINESS 14 o ,955 L,,..' r n o c � Itl ��' t ��' � *'. v � � i�\\ 'y �� �2"`.;_. 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S � I ' � �vP�'�� � .f �to�Pfr•`J��� Yf ���0)� � I �t ILI IW- W t V C Op t n 10 u Poy f ti ♦ �b - y ? r z f F WV? .- W NO lv m W �JU ap III f pfd )J 1 ) CVP f (y Q N1 J C W HO. u LV F W°I !- Z U W U U NQ N J C m K C Q O tl1ZN N LL t of !VJP d CSM 3tObr, \ Jf. 0 W U SOL W W f 'a \\ /� SS ��� Y7°^ tC3M \� 'I W 2 W ~ wpW W nQ L = W ~pmp p Q'1 mco A a+ E O I M}'( I' }+ C O I�-j� v {�Sf 1.oti i; W ai ?.4-P° J,�j� ,41 e Z 3 ~ W ~ . .. LI m \ —_I__; L*D Y+ a`tc)\� I I i � ,.. t'*etPP 4 f.P ' r •, ..yl. �; I I.t {f ` WALL ° bo y� \\\\ �/ a �.0 W e W ,\ C�� � lr C ° i n r N 'IY 49 � 6 0nV'/(y' �� �, ~LLQ °y1NL O Ve F O t j� W CL P +�,y1! i; ) FIT, �r� ro+• _ __ ` Y _ .�� a �/� / Ib'` MOaNey ++� iy' +tl4,r ': �'i y"� k,llr �� 19'�'1' Y { '} x'I e :i"x{ �. � n c td `''0 4rP o �� _ S'*s' "'��"� Y'a��.�•,�',,, s °.K f a �+;�,. �3 u � � � .. N VC y � I, LG )•IL i. � nJ1N)�°bV� b P fV? Vv� ...� � " _� hfA /yV�xi�� It yS�p! y, fl � 'P Ld Q LY �N'vw+ >,ey N°LCO�' 4 4t, 40e G .ie� r,a.:.14..L3�at:N' a ¢,�..' "♦ :.. , t. ( `I I n N r 40", d a!�i�oiFdc ��r�T 6 41�,p��qY OF SALEM CITY OFSH�LmBWASS. In City Council, Ordered: bi V ; Hell C ie -rm NG 1; CN ('W 44 GJP dF Y /nA / p I / c Lvt7 / b "K 'Ir• {•!J t c(bid l Q•i eim Y ,[let �t� G-A 74'111 s�A Alec VE v��1� �l� u �1 f!/'Q 1 f (Cl ✓"ei 'k D Y'�!,I1 V /,//< ,- 'c. I'ht\.11�• 4/-a 4-/, I / ( PIA "Af \De/,�t1rf/�+1i/Jfr-c i� � �/1 !�/c,1rd P k v1 c ,//()' b eco T L �1'/ � (.t/V Ld -/ l /c h t� /7 -1_d n i rrn, h`Cd rll I)f mat 4'/Z• (A) %� rn_��! 0�1 r ('tC�i'dNs In City Council June 22 , 1989 Adopted Approved by the Mayor on June 27, 1989 ATTEST: JOSEPHINE R. FUSCO CITY CLERK 11�`ON ('p�/J'/ z Conservation Commission Salt-in. Massachusetts 01970 April 19, 1989 William Munroe Inspector of Buildings One Salem Green Salem, MA 01970 Dear Mr. Munroe: The Salem Conservation Commission is in the process of investigating possible violations to the Wetlands Protection Act at the site of Pumel Construction, Z84 Canal Street Rear. During the course of this inquiry, it has come to our attention that portions of this operation may be located in a Residential Conservation Zone. To assist us in our investigation, the Conservation Commission requests that the Building Department issue a written determination which indicates how the Pumel Construction site is presently zoned and advise the Commission as to whether this operation is an allowable use. Since this item is on our next agenda, we request that, if possible, this information be made available to the Commission before our next scheduled meeting on Thursday, April ZZ, 1989. Thank you for your help in this matter. If you have any questions, please do not hesitate to contact me or Kathleen Winn, Conservation Administrator. Sincerely, Philip D. Moran Chairman M48 16,197 g Zq1 'ar o b X05 eo pp 'P 6p 69 V A� • P q g CD 9 38 3.04AC N � _♦ NN ' \ O 'J�9d A O �! o 4< 102 o 330.s 3/,438 / N 1 135471 d 36 = 8923 P�`� o R Ess 30-S � c\ 0� •� 04,0 N • G a 1 P. m 0 33 /5,367 e / o / q 30 STR ET~�as 2.46 AC k66 4 47-9 N 31 24723 » N 3 65 0/5 X 00 4a. Q o 70 r. O �°~ Cftp of *aiem, ,lasgacbugettg Public Propertp Department s9e�rnHsw" �3uilbing Department One s*alnn Orem 745-9595 (ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer „iL p D. i!cran, Chairman Conservation Commission alem _-.nai Street Sear gear n !oran: s recuested in your :­ter of April 19, 1989 this Department as researched the prooerty located at 284 Canal Street Rear, with the :cl"_-.:ing findings: The property has had several zoning designations over the years, Industrial, B-i (Neighborhood Business) and its current B-2 (Highway Business) . In each case the area has remained pretty r.:sch the same, approximately three hundred ( 300) feet in from the center line of Canal Street. Under the curren'c E-2 zoning a trucking business such as Pumel Construction would not be a use permitted by right. However, fie *n ,: to the zong changes it would be important for this depart- . '.en J v / a.ent o hi:�•:i '. .cn this use, a trucking company, was first es- tablished at the site. This use is a permitted use in an Industrial zone and perhaps the use could be so called "Grand- athered". There is no one presently with my office that can recall when this use first started at the site and !-would expect that the burden of proof for a starting date would fall on the Property owner. Once 1 have that information I will be better able to answer whether it is a cermitted use of not. A.s I indicated above,the zoning line on the attached flood insurance rate map is approximate. As this department does not survey private property, _f an exact line location is red'uired,I would suggest you make a request to the City Engineering Department for assistance as permitted under the City Zoning Ordinance. Please advise if I can be of further assistance. Sincerely, Glilliam H. l9unroe 81014 9 ,�' c/ry RFS 1 qy . etfini OpS4( �� SINCE 194O U -1-1 U I,;ay 16, 1989 HAY 1 PF" CITY OF SALEM '*G.4T.TF4 nF,PT Mr. Robert Z. Blenkhorn, C .H.O. Health Agent City of Salem Health Department Board of Health Salem, Massachusetts 01970 Dear Mr. Blenkhorn: In response to your letter regarding the complaints from 'hard 7 residents , relative to the property at the foot of Kimball Road, I would like to advise you of the following: 1 . Tetrault clot Top, a paving company , which o er es approximately eight months of a een parking on these premises for 2tr ten years Their hours of opera ion are from 8:0 :00 P.M. 2 . Pumel Construction hasused t ert for arkin their truc s or ove ouWly ormal operative hours are from 8:00 a. .m. However, they have been con rac e y Salem to do plowing and sanding during, the1winter months , which would cause them to start their ve 'Cles , for emergency work for public service , at otper than normal working hours . In + ;e past`;.._ _ 'd by _ me Construction wasused- as a staging ares for construction materials , - such as sand , loan, curbing, ties, and crushed stone. P e Conservation Committee has put a cease ana desist order on t e propert , allowing only for the venic es to come and go urin6 normal working hours , so no loalcinF6, or unloading of maeria s nas taken place . If you have any further quesLions , please do not hesitate to contact me . S ' ncerely , RECEIVED BY ROBERT E. BLENKHORN C.H.O. John A. Bertini &A"AL s• �6'�%gQ HEALTH AGENT STROUT BROS. CONSTRUCTION, 1C. 244 LAFAYETTE STREET SALEM. MASSACHUSETTS 01970RECL!°1E) (617) 744-4342 1:1TY G S!I_EH,Y*,ASS. / /L( ✓L — " October 1, 1987 City of Salem Building Department One Salem Green Salem, Massachusetts 01970 Attention: William Munroe, Building Inspector Dear Mr. Munroe: In connection with the extension of the permit we obtained for the Bertini property on Canal Street in July of 1986, the following history might assist in supporting our feeling that work had begun on this project some time before we obtained the foundation permit and that said work has continued to date. We have also talked with the owners , Frank and Charles Bertini , and have gone over their records and feel that the information we supply here would be helpful. We were dealing with providing a building for two proposed tenants. One was Wendy' s and the other was CVS. Wendy' s lease negotiations were ongoing for a good part of 1986 and because of the changes and configurations and so forth it wasn' t until July 23, 1986 that we were able to pin down a foundation layout. At the same time, the negotiations with CVS had started on January 2, 1986. In connection with both of these tenants, it was necessary for our company to go on-site, shoot elevations and do some preliminary site work relative to the location of buildings. Our records show that on March 8, 1986, our people were on-site moving earth and generally trying to lay out the proposed lines for utilities to service the building. In June of 1986 , our people supervised excavations done by J. Pumel Co. probing for ledge in the proposed utility areas . This work continued on . We were on site again in July, August and September. We have charges for our services during this entire period from March of 1986 . Pumel has sent bills to Bertini, Inc. , copies of which are attached. In December of 1986, we were again on site shooting grades and giving layouts of the proposed building. The Gulf of Maine Research Group was retained to do a 21E study. Engineering work with the architects was begun relative to the elevations of the proposed building and entrance layouts. We know that for the past two years , and probably longer, John and Frank Bertini have been pursuing with various architects the layouts of their proposed small shopping area for which they had received approval . We were working with Architect Robert Farley back in October 1985 . We worked with the Environmental Research Development Group from Peabody and in early to mid-1986 engaged the services of Scagliotti Assoc. who then proceeded to do their own work of site review and site visits. In August of 1985, we had the Pumel people leveling the site and filling those areas with Lynn-Pac that required filling. All in all we have been involved during the past two years and we note that the Bertinis themselves have actively been involved in preparations for development of this site for an even longer period. There are various invoices from engineering companies and considerable work has been done by the attorney for the Bertinis who was involved in lease negotiations for a long period of time. Negotiations with proposed tenants take a long time and wishes must be satisfied before we can proceed with actual the construction of a building. Certainly all of the preliminary work was in process during 1985 and 1986 so that we proceeded to do our work on the basis of the variances that were in place, and the permit issued on July 23, 1986 was in fact acted on by us. The reason the foundation was not poured was because of delays with the prospective tenants on location and size of the buildings. Sincerely, Strout 'Bros. Construction, Inc. By: vvvv Wayne Strout PS:mjb STATEMENT PUMEL r ENTERPRISES INC. P.O. Dox 985, Salem, Massachusetts 01970 (617) 745-4054 _, j Bertini ' s Inc . 284 Canal Street s Salem, I"iass . 01970 � 4w4; h x � PLEASE RETURN THIS STUB WITH YOUR REMITTANCE,YOUR CANCELLED CHECK IS YOUR RECEIPT. 9/15/ 6 6 Hours of bobcat @ 60.00 per hour for foundation borings y � Canal & Loring Ave . 360.00 360.00 ,y te 'W J In h : x f 'M'•"nSE�a..r�i. °�'YF'�iw�i'.�ut^...M`�k.➢RcwW61�r'L�...�`'i_'.i...5'..v��.�.w�W s.. ..:. 'Rv i.a :+ifa�i' $ ' �, � . . ••. A. STATEMENT `la�� ��" PUMEL 'FI41 ENTERPRISES .y ° INC. � i 'n eta P.O. Dox 985, Salem, Massachusetts 01970 (617) 745-4054 Bertini ' s Inc . �� 284 Canal Street Salem, Pass . 01970 � y a � PLEASE RETURN THIS STUB WITH YOUR REMITTANCE.YOUR CANCELLED CHECK IS YOUR RECEIPT. $ M � N Y'r °V� 4 6/4/86 Remove lg. rock and dig 4i � x ti test holes for location of structual tests . 10 hrs . trucking ` 50.00 500. 00 hr. + 5 hrs . of loader ` C 90.00 per hr. 450. 00 U950.0o x PAID Prn^IilI 'S b -w- V1411 , � ~ i C < J RtTk4rgt'.. y xr y � fiVwua eV " � .wr . �`'.ww lr .cm•5. Va us -. x $ .i. z*�TMw*°'!1'7' `"• - i STATEMENT 1. •UMEL �. �.. • 1 �_ y.i .k N f REALTY TRUST P.O. Box 985, Salem, MA 01970 (617) 745-4054 Bertini ' s Inc. X 284 ht. e Salem,Mass.. 01970. 8; N PLEASE RETURN THIS STUB WITH YOUR REMITTANCE.YOUR CANCELLED CHECK IS YOUR RECEIPT. �-1-85 Spreading of 2 piles of Lynn-lac on 7-25-85 �a a M 4 b Eai ,yb rF{iYtnc e F YN A w . Bobcat #8431 11 $50 . 00 » � 4 �1 A t� NL rt 4 It I'�'y,KitI�L >�3 S £k M uY` E C tW✓ 'yY W � 9 t qw � tt\4 E �� •l3 �Apin,��'�»;.Y� 5p� P �F } z >T49 •{F y�',' #:,��� i?�#2 .�,�d L+ `x F �i�r�.�i "u' <.ya°,n.�Rk �i$a � z n"p»�"',i�+'� ' �• } '�t n T va 5�i .uaN ux .,�9-it+y+�`:.. Y � µ,we , tet y y�, � "" ' �".'�,�.,,y s "nrov - •� :w ^p � y$d fa�� l.iw...�A i���-t 3,T�` �K a +� >a�«S�`2+wi�! �' '.'d�r�aast ,.`�'�.. is � r a �i�a,•' r �� 'i' •.'�": E R m372@'.r+t j�"n �,�' G4Yw" a �*'S� #� �IC A* +M" x v »^ ,x y �' s+��a�.'�r• i mC»� �T+ �T°� ��ri�'. a ' neita:rFMyn+ks�'nk4 _. . _ .. ^iY"*• _ _ ^i. _ ''. , S.ea"3f.^�����leY�'`k.,1.,,�1 Ya,{ 5I -] The Commonwealth2c Tu�etts " Department of Public S ety Massachusetts State Building Code(780 CMR) Building Permit Application for any Building other than a One-or Two-Family Dwelling (This Section For Official Use Only) (4 Building Permit Number: Date Applied: Building Official: SECTION 1:LOCATION(Please indicate Block#and Lot#for locations for which a street address is not available) .and Street City/Town Zip Code Name of Building(if applicable) SECTION 2:PROPOSED WORK.s Edition o A State Code used If New Construction check here❑or check all that apply in the two rows below Existing Building❑ Repair 13Alteration ❑ Addition Demolition r3 (Please fill out and submit Appendix 1) r(l// Change of Use ❑ Change of Occupancy ❑ Other ❑ Specify: Are building plans and/or construction documents being supplied as part of this permit application? Yes'Sill No ❑ Is an Independent Structural Engineering Peer Review required? Yes ❑ No ❑ Brief Description of Proposed Work: G S7/(AOM 00.7//FYLA., /- 0ir,971r n,C 576 G�o, uonafl (.�rZZKJ' 7a.fu?�rio,) i Xon.CoyG SECTION 3:COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATION,ADDITION,OR CHANGE IN USE OR OCCUPANCY Check here if an Existing Building Investigation and Evaluation is enclosed(See 780 CMR 34) ❑ Existing Use Group(s): IProposed Use Group(s): SECTION 4:BUILDING.HEIGHT AND AREA Existing Proposed No.of Floors/Stories(include basement levels)&Area Per Floor(sq.ft.) Total Area(sq.ft.)and Total Height(ft.) SECTION 5:USE GROUP(Check as applicable) A: Assembly A-1 ❑ A-2❑ Nightclub ❑ A-3 ❑ A-4❑ A-5❑ B: Business ❑ E: Educational ❑ F: Facto F-1❑ F2❑ H: Hi h Hazard H-1 ❑ H-2❑ H-3 ❑ H-4❑ H-5❑ I: Institutional I-1❑ I-2❑ I-3❑ I-4❑ M. Mercantile❑ R: Residential R-1❑ R-2❑ R-3❑ R-4❑ S: Storage S-1 ❑ S-2❑ U: Utility❑ Special Use❑and please describe below: Special Use: SECTION 6:CONSTRUCTION TYPE(Check as applicable) TA E3 IBD IIA ❑ IIB 13 IIIAO IIIB13 IV O 1 VA 13 VB 13 SECTION 7:SITE INFORMATION(refer to 780 CMR 111.0 for details on each item) Water Supply: Flood Zone Information: Sewage Disposal: Trench Permit: Debris Removal: Public❑ Check if outside Flood Zone❑ Indicate municipal❑ A trench will not be Licensed Disposal Site❑ or on site system❑ required❑or trench or specify: Private❑ or indentify Zone: permit is enclosed❑ Railroad right-of-way: Hazards to Air Navigation: MA Historic Commission Review Process: Not Applicable❑ Is Structure within airport approach area? Is their review completed? or Consent to Build enclosed❑ Yes❑ or No❑ Yes❑ No ❑ - SECTION 8:.CONTENT OF CERTIFICATE OF OCCUPANCY Edition of Code: Use Group(s): - Type of Construction: Occupant Load per Floor: Does the building contain an Sprinkler System?: Special Stipulations: PLP.NS yetro�'CA' cca t_L_190 q V. U ' '1 I l -2- LM 0(V\ SECTION 9: PROPERTY OWNER AUTHORIZATION - Name and Add ess of Property Owner p t� ;yty X:x-r!N/ 211/ CdAvol, y/g7U Name(Print) No.and Street City/Town Zip Property Owner Contact Information: Title Telephone No.(business) Telephone No. (cell) e-mail address applicable, e property owner lMhereby uthoIzes LLA lfJ )Ltljw S � 0 P Name Street Address City/Town State Zip to act on the property owner's behalf,in all matters relative to work authorized by this building permit application. SECTION 10:CONSTRUCTION CONTROL(Please fill out Appendix 2) if building is less than 35,000 cu.ft.of enclosed space and dor not under Construction Control then check here 0 and skip Section 10.1 10.1 Registered Professional Responsible far Construction Control Name(Registrant) Telephone No. e-mail address Registration Number Street Address City/Town State Zip Discipline Expiration Date 101 General Contractor 6pt Jog NI GILD (TI1�7iiwGT79w Company Name C,�,z tilos CS 061 obl Name of Per�pn Responsible for Construction License No. and Type if Applicable l S5 9Vn H S fUA^�cru 019x7 Street Address City/Town jState Zip 7) P11—V4 L 3 �)I 1Gl f�5_ /Go5 Fp[ tp (40 AXI'MGna L7 Tele hone No.(business) Telephone No. cell e-mail address SECTION 11:WORKERS'COMPENSATION INSURANCE AFFIDAVIT M.G.L.c.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 signed Affidavit submitted with this application? Yes O No 0 SECTION 12 CONSTRUCTION COSTS AND PERMIT FEE - Item Estimated Costs:(Labor and Materials) Total Construction Cost(from Item 6)_$ 1.Building $ Q U Building Permit Fee=Total Construction Cost x (Insert here O 2.Electrical $ Y. ffj 0 appropriate municipal factor)_$ 3.Plumbing $ 4.Mechanical (HVAC) $ ;1 I] Note:Minimum fee=$ (contact municipality) 5.Mechanical Other $ y Enclose check payable to 6.Total Cost $ 1 1 00V I (contact municipality)and write check number here SECTION 13:SIGNATURE OF BUILDING PERMIT APPLICANT By entering my name below,I hereb ttest nder pai and penalties of perjury that all of the information contained in this application is e and accurate to te best c my ,no led and understanding. C4,4i,lc An(rn7 s� Ill_ StIZ Pleas e,Fnut and sign name Title Telephone No. Date % 601 1, A Jw�II wfP Street Address Ci I /Town / State Zip Municipal Inspector to fill out this section upon application approval: 1. Irw D e I I o 3 m _ z I A� ®D El I 1 1 D Q 9 q m' Y z IBM Z D �_c E Z m Imn D I C z o II z II 0 0 IW A im El P Z o 1100 f+ D 1 � I O on -- 0 z OQ LT-- I N esw• ¢ a D 0O 0 S 1 Z K mz m O o o m c' MO �_ o � f \ 0 o m z m 0o s < IIs a ;u K D c ZLL� a p �m� o RESTROOM ADDITION PLAN / ELEVATIONS RICHARD W. GRIFFIN BERTINI'S PROJECT REGISTERED ARCHITECT �—► Z 284 CANAL STREET NUMBER.1116—BERA 37 TURNER STREET SALEM, MA 01970 978-740-9979 SALEM, MA 01970 DATE: 08-03-16 SCALE:AS NOTED © ALL RIGHTS RESERVED r rn rn • o z co LLU 6 W NEADDITION NEW ADDITION LL Lup UUP N a < � o : w w Q w < STUCCO STUCCO = W H UU PAINTED STEEL RAILINGS PAINTED STEEL RAILINGS Z cc HVAC F 'MINI-SPLIT — 0 0 ON WALL � BRACKETS N Z 2 I-_ a —10"CONCRETE FtQUNDATION W/ I I I I 10"CONCRET FOUNDATIONW/ < 10"x20"CONCRE1IE FOOTINGS �� I I �L_ 10"x20"CON11RETE FOOTINGS I > Do 0 p -�------ L-----4------- J (10 -1 O - -----------�J L'-S------I------ w ^ p = NEWADDITION INSULTED FLAT ROOF WITH V W ROOF MEMBRANE TO MATC EXITING Z 'm ••J BREAK METAL AND IM TO MATCH FRONT ELEVATION 2 REAR ELEVATION J oom EXISTING SCALE: 3/16"=1'-0" SCALE: 3/16"=1'-0" (L a z o y i STORE FRONT DOOR EXTERIOR TO TO MATCH LJ WALL ENTRY ON OPP.SIDE SCONCE MIN. E 4 O W th Q E^ 0 0 ^ � CONCRETE ENTRY STEPS I O 3 7"RI ERS,11"TREADS REPAIq ASPHALT AND GRADE AS RE UIRED O Z Z �-—- - - --—---- Or LLJ Lu Wa � CO C SIDE ELEVATION `\2 m 3 SCALE: 3/16'"=1'-0" DWG N0. A2 HORN STROBE MERGENCY rn WC-01 WC-01 WC-01 ALARM LIGHT o SYMBOL KEY Z n 0 0 0 T-0 L —PULL STATION T-0LL. W T-02 AN. NAP. T-02 Fr F-. R DISPENSE PAPER TOWEL I� HORN STROBE ALARM ® DISPENSER / LIG TING U o N (STROBE ONLY IN TOILET) AND TRASH Q 2 4p a s 4 �i Q : �n QSI ILLUMINATED EXIT SIGN 1' '_s" D�IOSAL ABY SOAP 3 6 > W W n Hoc ® DISPENSER Q c ¢ Fx ILr If�' F � W vn E EMERGENCY LIGHTS 6 = Q /DlR �i lV fV C = V W OO KD WALL MOUNTED FIXTURE 3 U cr w Q RECESSED INCANDESCENT s'-0 3'-0" s'-sy s'-0 j (OR LED) O © © O � m HVAC -T-0 3 ACCESSIBLE TOLIET ROOM ELEVATIONS 'MINI-SPLIT V)ON WALL SCALE: 1/4"=1'-0" Z BRACKETS 10'CONC.FROSTED WALL Q H Q T-0" Q > J tp I 1. LLIIZ T-01 F- o a W W W 8�" 1 1 10'FOUNDATION WALL Q O M F Q W/10"X20"FTG. J w n a U O- aZC VI BATH LIGHT/EXHAUST NEW H 4 COMBO. m ACCES EXISTING TOILET ROOM ) ' �� s"FOUNDATION WALL s , ' 1I W/8"X16"FTG. WOMENS g0 TOILET ( o y z ; �\J s•_1�,• 1,_10. ROOM '. \ X O 6'-1 2'-s' "7 F 10l 'v Q PS m z W 2'-0" EXISTG 4 STUDWALL O W DOORTOBE o 'off P a m REMOVED 5'- 1'-0" i7 n iO Q H 00 REPAIROPENING TO MATCH WALL - T-01 O) 3'0"X7'0• Q a O Wj W/CLOSER Qi o w cc z � 10"x20"CONC.FTG. STEPS ABOVE F- UJ UJ 00 cr m C\2 m FLOOR PLAN (PARTIAL) OUNDATION PLAN PARTIAL owc No. SCALE: 1/4"=1'-0" QLSCALE: 1/4"=7'-0" A3 EW ADDITION MEMBRANE ROOF TO MATCH EXISTING PITCH 1/4"PER FOOT TO GUTTER AND DOWNSPOUT 5 1/2'PT WOOD EDGE AS REO'D 10 INSULATION /IR30 BATT BREAK METAL INSULATION COPING TO MATCH ALIGN DECKS EXISTING 70 PT WOOD TRIP TO MATCH EXISTING FASCIA 2'X10'S@ 16-O.C. 2X6 STUD WALL CONSTRUCTION W/ 1/2' EXTER. DROPPED 1l2"GWB CEILING TO MATCH SHEATHING HEIGHT OF EXISTING EXISTING EXTERIOR WALL " 5r INSULATION R-21 STUCCO W/ WIRE MESH(OFFSET I" FROM INSULATION 10XPS INSULATION R5 1/2' THERMAL BREAK (2) 2x6 P.T. SILL 4" CONC. SLAB #5 STEEL REBARS ° a n CONTINUOUS 1/2' GALV. STEEL ANCHORBOLTS 0 6'-0' O �O 00poQ 0 QO Q O o '00 Q O � O.C. & NOT MORE THAN N Q1FROM FOUNDATION O O�o O�OQ o 418 C) O O Op00 0 QO p � z0 CORNER O 0000 1 1/2' THICK RIGID a INSULATION 2'RIGID XPS ° NEW 10' THICK INSULATION CONC. FOUNDATION ON COMPACTED FILL STUCCO W/ 10y - WXMESH TO 6' EXISTING EXTERIOR WALL — a m dd. .° - a a c WALL SECTION — Rs STEEL CALE: 1'"=1'-0" a a ° ° °. CONTINUOUS da O o OO O Q o O Q 0 UNDISTURBED Qp p 00 Qp o� O a� QO o� 0 0 o solL a o 0 0 Q o o RESTROOM ADDITION PLAN / ELEVATIONS RICHARD W. GRIFFIN 0 BERTINI'S PROJECT REGISTERED ARCHITECT IT o 284 CANAL STREET DATE: 08-03-16 NUMBER: 1116-BERA 37 TURNER STREET SALEM, MA 01970 978-740-9979 SALEM, MA 01970 SCALE:AS NOTED © ALL RIGHTS RESERVED 8'-0" 1.9'OD(ACTUAL) RAILINGS WELDED AND GROUND SMOOTH 4 4 io 11" FLOOR LEVEL • EL 100'-0" GRATED STEEL NOSING o, CAST INTO CONC. // // // // // // // // // // // // // // // // // 'r ashphatt surtace \ \ GRADE \//\//\//\//\//\//\//\//\//\//\//\//\//\//\//\// EL. 98—3 N \N j\\j\\\y Ny Nj\\\/ \\j\\j/\\\j\\j\ 8. EXCAVATE AND FROST WALI COMPACT FILL AS REQUIRED 8X16 FOOTING #4 REBAR TVP WHERE • BOTTOMEOF FOOTING EL 94'-3 2 STAIR SECTION SCALE: o RESTROOM ADDITION PLAN / ELEVATIONS RICHARD W. GRIFFIN chi BERTINI'S PROJECT REGISTERED ARCHITECT NUMBER: 1116-BERA 284 CANAL STREET 37 TURNER STREET SALEM, MA 01970 978-740-9979 o SALEM, MA 01970 DATE: AS NOTED SCALE:AS NOTED © ALL RIGHTS RESERVED t i 1 ;► The Commonwealth of Massachusetts Department of Public Safety ,�,,,I ..\lasadnuvRs titatr Building Code 1780 C\IR)Se venlh Edition City of Salem Building Permit Application for any Building other than a 1-or 2-Family Dwelling (This 4ctiun For Official Use Only) y �(J Budding Permit Number Date Applied: BwWing Inspector. '^ SECTION 1: LOCATION(Please indicate Block s and Lot 11 for locations for which a street address is not available) :ZL I Cran.PrL SMEtt— MCA Le , M i A � rj O ERT1M! S lC/I CY71�-t�Kf+ 7— .No.and Street Cit\,/To,vn Zip Code Name of Building(if applicable) SECTION 2:PROPOSED WORK If New Construction check here O or check all that apply in the two rows below Existing Building❑ Repair 0 Alteration xr I Addition❑ 1 Demolition [Please fill out and submit Appendix 1) Change of Use ❑ Change of Occupancy, ❑ Other tO'-Specify: Are building plans and/ur construction ducuments being supplied as pan of this permit application? Yes ❑ No ❑ Is an Independent Structural Engineering Peer Review required?, _ Yes ❑ No ❑ Brief Description of Prupi?sed Work: Al e w I., in i f,�, .Sr ,_ ✓tom p nn w, 4 t.W t,1 t '� � SI 3 c, Ow• SECTION 3:COMPLETE THIS SECTIO IF EXISTING BUILDING UNDERGOING RENOVATION,ADDITION,OR CHANGE IN USE OR OCCUPANCY Check here if an Existing Building Evaluation is enclosed(See 780 CMR 3402.0) ❑ Existing Use Group(s): Proposed Use Group(s): P Existing Hazard Index 780 CMR 34: Proposed Hazard Index 780 CMR 34: SECTION 4:BUILDING HEIGHT AND AREA Existing Proposed No.of Flours/Stories(include basement levels)&Area Per Floor(sq.ft.) i Total Area(sq.ft.)and Total Height(ft.) r/ SECTION 5:USE GROUP(Check as applivable) A: Assembly A-I❑ A-2r O A-2nc❑ A-3 ❑ A4❑ A-5❑ 8: Business E. Educational ❑ F: Facto F-1 ❑ F2❑ H: High Hazard H-1❑ H-2❑ H-3 ❑ H-4❑ H-5❑ 1: Institutional 1-1 ❑ 1-2❑ 1-3❑ 1--4❑ M: Mercantile❑ R: Residential R-10 R-2❑ R-3 O R-4 0 S: Storage SI ❑ S-2 ❑ U: Utility 13 Speciil Use❑and please describe below: Special Use: I _ s '+rS ; SECTION 6:CONSTRUCTION TYPE(Chick as ap I plicable) IA ❑ 100 11A ❑ 1180 IIIA0 11180 1 IV 0 1 VA Cl VB ❑ SECTION 7:SITE INFORMATION(refer to 780 CMR 111.0 for details on each item) Water Supply: Flood Zone Information: Sewage Disposal: Trench Permit: Debris Removal: Public❑ Check if ouhide 1900.1 Zone❑ Indicate municipal❑ A trench will not be Licen.ed Dio-fw..ml Site Cl lit ca to❑ it indenlik Zone:_ or on.ite�v.tem ❑ rt•ywrrd❑or trench nr.pecif�` permit i.vncln.ed ❑ _ y i I Railroad right-of-way: Hazards to Air.Navigation: \I:\ I lab n. (-...nn.........R,,.ir . :Pm,+ u\ot \i• +hCable O I.}trucvI im au rtaPPr'nchare(' 1,their re\ cty win lovd' L on'rnt to Build 0161.Cd❑ lr.❑ ur Nit 1e.❑ \ + ❑ SECTION 8:CONTENT OF CERTIFICA rE OF OCCUPANCY Cddin d Codr -..__Cyr Un,upi.r rt)+c of l i11j1IruCu1in: Occup.int Lo,id per I L„-r Ue.tlw bwlJmm;comoin,m tipnnkler?\.h•m': ,zprcial>tipuhtwn. SECTION9: PROPERTY OWNER AUTHORIZATION Name.u,d Address ul I noperty Owner ` }r` Name(Print) No.and Street City/Town Lip 6 $` Property Owner Contact Information: �+> Title Telephone No.Ibuwness) Telephone No. (cell) a-mad address If.t}�+lic.tble,the pnrperty t*s ner hereby authorizes / Name �— Street Address City/Town State Zip to act on the property owner's behalf, n all matters relative to work authorized by this building permit a + +liaoion. SECTION 10:CONSTRUCTION CONTROL(Please fill out Appendix 2) (If building is less than.15,1s10 cu.it.of enclosed s pace and/ur not under Comtnmlion Control then check hem O and stat,Sediun 10.0 10.1 Registered Professional Responsible for Construction Control C41117MGAIDSf 5 d d c��o carrs� 6+ Nan r�Regiptran ) Telephone No. e-mail address Registration Number I S g"-/'A-' '� sr- b! r Street Address City Tuwn State Zip Discipline Expiation ate 10.2 General Contractor ✓�Spomerto ti�-4--r-r-] u-- C L CgrnparhyLet„me 21 94 9 N.iyLe oft Responsible fur Construction License No. and Type if Applicable �t.t,t.A�.,,_ 5�. S'ra,,�t. M,� t pp�A7r{ress /Al � q ity/Tow State Lh 1 _ e"/` �1J ��/_ �L01r 'rTl OCo-Yr-16 Telephone No.(business) Telephone No.(cell) e-mail address SECTION 11:WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c.152.§ 25C(6)) A Workers'Compensation Insurance Affidavit from the MA Department of Industrial Accidents must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Is a signed Affidavit submitted with this application? Yett No O SECTION 12;CONSTRUCTION COSTS AND PERMIT FEE Item Estimated Costs:(labor and Materials) Total Construction Cost(from Item 6)_$ 1. Building $ D O z) LEnclowch�k Fee=Total Construction Cost x_(Insert here 2.Electrical $ opriate municipal factor)_$ 3.Plumbing $ 4. Mechanical (HVAC) $ um fee=$ (contact municipality) S. Mechanical (Other) $ ayable to 6.Total Cost $ 10Ucb it )and write check number here SECTION 13:SIGNATURE OF BUILDING PERMIT APPLICANT By entering my name below, I hereby attest under the pans and pens e of perjury that.dl of the information contained in this application is true and accurate to the best of my knowledge an nderstanding. 0,10 C' P6r1 � pow&c�cwfi `�f�. S`(2 3Sl I'lea.c print and sign name Title relephune No. Dale _(S`1 L'Irlr'll Lfi 3iUcfMIs/0 v _ O Cq G }greet Addre.. _--C itc;'Tr n SLne Zip Municipal Inspector to fill out this section upon application approval: ' Namr I)ate ' _ `i 11 /e F ��a�, sy..�' f �S �/ � ur _._ ._ _. _ _ i\;\ �_y., ';l��� The Commonwealth of Massachusetts y ., �� � � � ,Y, yk A� �40 q� Department of Public Safety ! 3 �I.i...�ihu.rt�.ti1,ur Buildinh Cude 17�0 C\1R)tirainth Editi�m �,• t'l City of Salem Buildin Permit A lication for an Buildin other than a 1- or 2-Famil Dwellin (This tiectiun For Ufficial Usr Onlv) 13uilding Permit Numbrc • Datr Applird: Building Inspect�>r: SECTION 1: LOCATION lPlease indicate Block p and Lot N for locations for which a street address is not available) . �I/ / '%f�t �3G��'/%z�s �C� .\i�. and 5trret Cih' /Tuw'n Zi�C'ode F NamrufBuildin�(if.if�plicable) . . SECTION 2:PROPOSED WORK 11 Nrw Cun,vuctiun chrck here O ur check all that apply in the twu rows below � � Esi.ting Building❑ Repair❑ Altrrotiun ❑ Addition�T Demolitiun ❑ (Please fill out and submit Apprndix 1) � Change uf Use ❑ Change of Occupancy � Other ❑ Specify: Are building plans and/ur cuns[ructiun ducuments being supplied as part uf this permit applicatiun? Yestfd�' No ❑ 1,an Independent Structural Engineering Peer Review required? Yrs ❑ Nudl/ Brief Descriptiun of Prupoxd Work: � Fi�L�/D s c/� fi� o i �'/S� �i54ili/ /Y S//J C`3'f� __ .�U / I 2� SEC7'ION 3:COMPLETE THIS SECTION IF EXISTING BUILD(NG UNDERGO[NG RENOVATION,ADDIT►ON,OR ' CHANGE W USE OR OCCUPANCY Check here if an Existing Building Evaluation is endosed (See 780 CMR 3402.0) ❑ ' Bxisting Use Group(s): Proposed Use Group(s): .g Existing Hazard Index 780 CMR 34: � Proposed Hazard Index 780 CMR 34: . SECTION 4: BUILDING HEIGHT AIVD AREA � Existing Propysed No. uf Floors/Stories(indude basement levels)&Area Per Floor(sq. ft.) Total Area (sy. ft.)and Tutal Height(ft.) SECi70N 5:USE GROUP(Check as applicable) A: Assembly A-I ❑ q-2r ❑ p-2nc❑ A-3 A-4❑ A-5❑ B: Businesa ❑ E: Educational ❑ F: Facto F-1 ❑ F2❑ H: Hi h Hazard H-1 ❑ H-2 O H-3 ❑ H-4 O H-5❑ L• Institutional I-1 ❑ I-2 O I-3 O 44❑ M: Mercantile❑ R: Residential R-1❑ R-2❑ R3❑ R-4 ❑ � S: Storage S-1 ❑ S2 ❑ U: Ufility❑ Special Use O and please describe beluw: ' Special Use: , SECTION 6:CONSTRUCTION TYPE ICheck as applicable) � � IA ❑ IB ❑ IIA ❑ IIB ❑ ❑IA ❑ ❑B IV ❑ VA ❑� VB ❑ � � SECTION 7: SITE INFORMATIOIV(refer to�80 CV1R 1]lA for details on each iteml I LVater Supply: Flood Zone Infomiation: Sewage Disposal: Trench Pertnih Debris Removal: PuL,lir ❑ . C heck i(�iuhide fLn�d Lnne❑ Indic.ite munirip.il ❑ '� trench will n�rt br Licemed Di.pusal tiitr ❑ I'ric,ite ❑ ��r indentilc Znnr: nr i�n.itr.�'stem ❑ rcyuired O ur trench ur .F,eeil�': � � F�rrmit is cnduarii ❑ _. � Railrodd fighbof-waY: HdZarCS to Air Navigation: \I:\ I li.�nric�-,�inmi..i��n IL��ir�� Pn,ro..: � i \, i�t ,\F�F�lira�+le❑ � I.titrucfure�cilhin airpurt�aF�F,ru,uh are�,i' I>lhrir re�-ie�c a�mF,leled.' � �tt l ��n.cnt !i� Rui�i1 rniln.cil ❑ . ' � 1"c>❑ �ir.���r❑ 1"e.❑ V��i ❑ I SECTION 8:CONTEtiT OF CERTIFIC.4�iE OF OCCUPANCY � L.iiii�m ul C ndr: L�.r(�ruuFy.�: �cpc ul C��n.trudi��n: llccuF,ant Lu,id F�cr FLn�c IU��r, thc L�uildiny;amt,iin.an tiF�rinklcr���.Irm.'� yF�cri.il titif,ul.iliunc — I ; _r�.�.� . _ ���- �/��d� � �� � �i������ 1 � SECTION 9: PROPERTY OWNEA AUTHORIZATION ( . ' li Namye.ind Addr/.�ss�d Pn�ert��O���ner � p/ vGF�' . . .��7/� '� /{'/ �. . / 0�l/1/ lJE.Z f/.c-[� � k!/� �O V me (Pnnt) Nu.and titreel Cit��/Tuwn ZiP � Nr..u_,k�irp��v�y�}�rr C�� act Infurmatiun: 7yV' / J��P //� /YS �O�f�(P . JbltN /� ' //!2l �-_� — — � Title - Trlrphunr Nu. (bu,iness) Telephunr�l�i. (cell) e-mail address �� ' If a f�plicablr, lhr��rupert�� �n.'nrr hercbv .u�thurizrs . � , Namr Street Addre,s Cih'/Town titale Lip ��� tu oct��n the �ru wrh��m�ner'>brhall, in .ill m.ilters relatire tu wurk,iulhurized bv this buildin � �rrmit a� lic•itiun. �, SECTION I0:CONSTRUC'iION CONTROL IPlease fill out Appendix 2) I (If buildin�i�Irss than 3i,lNN1 iu. fL uf enclos.d<�.ua and/ur nol wid.•r Cunstruction Cunlrol lhen check here and.ki�Sectiun IU.U ;i i 101 Re istered Professional Res onsible for Constluction Control '�'f �O N '� t �` 65 v � �.Ptl.?/�i ri �li�''�/!o :s.ef. Namr(Registrant) Telephone No. e-mail iddress Registratiun Number . , /5' ,�-��i S� oS�a'iv�25 ��.t a � Street Address City/Town ti��te Zip Discipline Expiratiun Date 10.2 General Contractor I ci�D l// I, CL"l/% N�T��(!/If�!/'� � � ���5'� S�i7c9rUl`S�'� ��� I Name uf Penon Respunsible fur Cunsvuctiun Limnse No. and Type if A plicab�le ��.-� �7 � ���rr� Gj�� �^'//��S �� � .. Street Address o City/Town tate Zip �� �s � r''fl- Fs� ���' ��'��y�%SS � ir��, -zo� -�6I Tele hone No.(business) Tele hone No. (celi) - e-mail address SECT[ON 11:WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c.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 affidavi[will result in the denial of the issuance of the building permit ,I Is a si ned Affidavit submitted with this a lication? Yes❑ No O � SECTION 12:CONSTRUCTION COSTS AND PERMIT FEE Item Estimated Costs: (Labor and Materials) Total Construction Cost(from Item 6)_$ � S �'� I. Building $ � 'J��� '- Building Permit Fee=Total Construdion Cost x�l (Insert here 2. Electrical S+ i 5 0� f`� appropriate municipal factor)_$ 3. Plumbing $ P, y) Note: Minimum fee=$ (con[ac[munici ilit 4. Mechanical (HVAC) $ /Ooa� � � . � 5. Mechanical (Other) S Hnclose check payable to 6. Tutal Cust $ % 7 5 ��� r (contact municipality)and write check number here � SECTION 13: SIGNATURE OF BUII.DING PERMIT APPLICANT . � Bv entrrink my name below, I hereby attes[under the pains and penalties of perjury that all uf the infurmatiun cunt.iined in this I applicati�m is trur and accur,itr ro the best ol my knuwled�;e nnd understandin�;. � �\ ��-cn�ivfi� l Uw�Ii�v ���. SY3� �a�� �' ts�s Plu�print.i d •i};nn.ime ,_-.. Tidr Tclephune \u. Date �-Q ���,� 5/ j��'ti��'=S '`?,o` °,��i � Ititrrrt :lddre.. Citt���T�n.'n � at Lip � � -V i �tunicipal Inspector to fill ouf this section upon application approval: Xame I).ne i r�� ' , � ' �!`� ; _ ; - � �- � � � ' 45 Londonberry Turnpike • Route 28 Bypass � 45 Londonberry Turnpike • Route 28 Bypass _ P.O. Box '16328 • Hooksett, NH 03106-6328 _ P.O. Box 16328 • Hooksett, NH 03'I06-6328 NTING — (603) 624-4025 • Fax (603) 641-2995 SIGNATURE PRESS & BLUEPRINTIN — s�3 624-4025 • Fax 603 641-2995 G t l [ 1 1 /2 mile north- off Route 101 exit 1 � ' � 1 %2 mile north off Route 1 O'I exit 1 info@signaturenh.com www.signaturenh.com infoC�signaturenh.com www.signaturenh.com � � _ _ _ _ _ _ -�- � NO. REV�S�ON � �♦ ` / \ ♦` % � / 1 � m V � ������� � .� �� / � � � g : � �-�� �� , �� �- / �������� , � � � ' • � � % � �� �� / i.or is-ia � �g'� � 91,488 SF � � z��� � � �������� i r � � � � �' J e a � � � � M N � Z QO �D QW � � W K � m QC � �a� % G � � Q LL I � �- o � � � , O 6' 1-_70' � � U ^ � m � �� � / �<,� 9GALE� I' .ZO'-O' � � ' p o Q m ... ��v , � � ,� � � � ...._......_e__.�.:�,__'�--�-__._ . . . Q , . � - � ...... .. � ._,2N_'- � . _ . ♦ �y/� wr irie 91'/8B 5F \" p �7 � . �]O B.929 9P' � M� `� � � � TOTAL 40.7615F � F � .. BUILDIN6 AREA 4bo4 9r Q� z jJJ , cwe�neE u.e n c � N W� „ Q � � W2 � PARiCIN6� °j � {- � �XU AI¢EA OF E%IBTIN6 PARKIN6 � � Y SNPG�6518LE 59 9PAGE5 TO REMAIN S . i W Q N tfl rar,u x . � " N � Q Q rrP.r,�,RKir�srnce i //� .. 4� 9'-O"%19'O' , . ��� � APP'�p,� G�S�S�/ � � V W ' ` � Z �tJ �m. �i�'Y 0� S�i.�'R� W � �Q : ��SSa�.*,�%ATG y�E��. [0 O cV N 'I ., THESE bRAWiNGS 70 pF EXISTIN6 SUILDIN6 �� � � / KEP7� n •�O �KO ao �-y�< ; EXISTIN6 BUILDIN6 lf�j5¢ECj'OR OF �~ BEERTINI RESTAURANT <d B�1►LGfR+C'� m �� � �, '"9s � �� n�u�im�ere+cc� ; E a� � Hi�>ss".°F��¢ri"u'Er+v°�suriver IPSSOGIAT�,ING.LOGATED � � EXIS N6 PARKINb SPPLES � � EXISTIN6 PhRKIN6 SPAGES �0�4 bMgt1 STiEET TO REGONFI6URID M TO BE RElANFI6URED TO ��'��"» 01460 .. MMODAiE HG PARKIN6 '_'_ _"'"' � y� hGGOMMODATE HG PARKIN6 SLIW�IRNI8TOR2R R M0.1.0 PL9 91917 � DMTE� MARl.N 91,70Uq .. �- ?e, R�ERANGES� BK B"IZO Pb 409 I %19TIN6 PARKIN6 _ N � •6, R AGE TO REMAIN� � � Q �t � �e�' SIDE 1NALK: �- Q" ier.uriux . � . . Q ro� N 0 "q�� GANAL 57REET � ' — — — — — — — 5T — — i — — — — — — — — i ,��pED Aq�y' SOLEN/y �j� m � � m NO $3 r � DA1Ei 24 ALb 7 51TE PLA�N � T�" L M� C 1 x.�e, r.�e�-0. '0��voFcN�`� a �5�� � � • ' � I . . , . � _ ---�_ _ _ — — -�-.-- - �1 NO. REVISION NEW ROOP RID6E NEW GONSTR EXISTIN6 To uwe uP wirn VESTIBULE � exisnt+s aivoe r+Ew rsoo��ruru�s TO MATGH EXI5TIN6 ROOF RIDbE � MATGH E%IST 4 +/- �� - 4 +/- I� —1 4 *�- ROOP EAVE � — MATGM FXIST \ � O LL NCW GT2RED CHi12Y � ������p rs�v vesneu� ��� �� qr i.�r eive ��. � � � RAMP-^.�PLAN ����� . , ���� �� � 9TglANDWooD ---'------ ---------- _ � E%IST.oFLOOR 7 RAILIN6 ����� W� NEW RAMP AT MAIN � ENTRl�NGE,3EE � A �RONT �LE1�A�TION . , „ ° �������� A2 sc,v.e, ane . i-o �� , ����� ,��, � � � EXISTIN6 NEW GONSTR R������� RES7ROOM5 Z �re AREh O�91BNA0� � � � 5/B"MDO PLYWOOD MATGX EXI9TIN6 RO'JP � M�.�`'-'�T.G�� PINI9H AND l�I6HT aEsisr+win+ova� n 12 PROJIDC LI6N7 OVCR 916N . � o a 4 a I ' I� �4' 4I� � � M N � Z a e i 4 +�'� EXIBT.FLOOR Q W � � O� o W 6' m � ��,,��T�� a � � N � win+cuPeohno �( ����'�'� EMERIOR FINI9H C � � Q Q � /� / / I � AREA OP 916N ELEVATION�� + � W �W O � � � � / � � ~ H?e O . GOI.aR'B' U n� b ��pR.G. ____ E%19T.FLOOR � � W � O O ___ _____ '- -- -- - _ ELEV.O'-0" m � m V I GI.AP90AROI9IDINFi I I I VL1lIPY E%AGT 6RADE � O � � I IN fIF�n � LEPT ELE1/P�TI ON �� ���� �, �J �, NEW R4MP AT MAIN .. _.._. �- ------------�- ---J- ------- - --------� t�rn,�a+ceeooreoiw,� . .....-. _ .__ . . IN FIELD.9EE � A2xr�e� ena., r-0�� ._______ ...�..._._. _ e 2 N NPW GONSTR EXISTIN6 � RESTROOMS ~ z w I � � `� w� . ARGA OP SIbNPbE � � � U D/D'MDO PLYWOOD r Q MAX 50 9GPT,!A v�iar+vurx oras� N Q N N 12 � � Q Q MhTGH E%19TIN6 ROOP 4 +�'� . (� .. +-�� PINI9H AND FgI6HT � � 1 TA.ROOP ._.n_ eD z � U� PROYIDE LI6HT OVER 916N z X W � N V 18W ADDITION � � ? � O �l� WITH GIAP90ARD AREA OP 516N EX�EAIOR PINI9H _""""""""""""""__ IXD PJG FIORIZONTAL . - 6RADE SLOPE9 T21M BOARO /NIAY FRO .-• O FINISH FL. �C%I�T.RLOOR -- _ -- — ___ . . ELEY.O'-0' ELE�. ___�__ Z L VERIFY EXAGT 6RAGE � -�I , O . IN FIELG � J � ln RAILINb-^.� � r � � L_ ________ _________ _J . . Q D O � RI GHT ELEY,4TION � � pt2 SGALE� I/B' . Iti0" � � J�f 0 W EXISTIN6 NEW GONSTR i ; � � VESTIBULE b .- --------- ROO�RID6E � ` e G X d1 12 4 +/- _ 2 W N RaoP e�ve --c} w,rcri�asr -- � � � * � � � � � � � . � .' � �gEDAq� �� _ e �—xew vEsneu�e - qt H � . AEMRA�NGEIC£ \� OIENp . . .. ._.. .c._ „-.j+, - .� iOa , � .m I G pI /� *� o � h0. 53 r I�.�G��7 I�L.111`1 ' - �, ._... --- ---------------- - - Ex�eTo'� � DOSTON. --� sc�� porrox,uF �_'�i� , _____ ___ ________________________ qt . _. MA DA7E� 74,�ll6 7 i � D RE�R EL�Y�TION �,sn„��To �' n�o�M o �� 6� i�� 20� ///�''�� REMNN/5 19 A � � � 2�� i� F A2 x,e�e� sne•, i�-0° SGALE: I/8" = I'_O" i i � i m ' 6 ( . ___ ._—. _ _ _ _ .. . . . _. �„R,,.. .._... __. ��.--.�--. � r.<_ �,, . „' P�PY r� � -/� ' OV',�fd.ER .'.._...., 'r . _....- ,c 1 � • ,,. LOC/ATIOPd_�� _C�" ..z_/�1� � ,. . ' DATE ISSUE =�p �� ��R�IT TO � ,,��s .rl��-„_a�Ci�� !4/� �O.c, f�i"o% piC /�y�.�o�� . . — . __ __ _ - ---- I ------* �---- , _ - ----i--- , ___-__ .�_..I - - -- 't2-7S cr; tt4 �9 The Commonwealth of Massachusetts Department of Public Safety Massachusetts State Building Code(780 CMR) i Building Permit Application for any Building other than a One-or Two-Family Dwelling (This Section For Official Use Only) w -~— Building Permit Number: Date Applied: Building Official: SECTION 1:LOCATION(Please indicate Block#and Lot#for locations for which a street address is not ava4ole) - N7,70 CC ;Ni ; - t4&— -X No.and Street City/Town Zip Code Name of Building(if applicable] ^ SECTION 2:PROPOSED WORK �► Edition of MA State Code used If New Construction check here❑or check all that apply in the two rows,�elow; Existing Building❑ Repair Lg Alteration ❑ Addition❑ Demolition ❑ (Please fill out and submit Apper4d�c 1) Change of Use ❑ Change of Occupancy ❑ Other ❑ Specify: Are building plans and/or construction documents being supplied as part of this permit application? Yes ❑ No M Is an Independent Structural Engineering Peer Review required? Yes ❑ No-12 Brief Description of Proposed Work: M.-un C-1 L_ ov F_N J SECTION 3:COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATION,ADDITION,OR CHANGE IN USE OR OCCUPANCY Check here if an Existing Building Investigation and Evaluation is enclosed(See 780 CMR 34) ❑ Existing Use Group(s): Proposed Use Group(s): SECTION 4:BUILDING HEIGHT AND AREA Existing Proposed No.of Floors/Stories(include basement levels)&Area Per Floor(sq.ft.) Total Area(sq.ft.)and Total Height(ft.) SECTION 5:USE GROUP(Check as applicable) A: Assembly A-1❑ A-2❑ Nightclub ❑ A-3 ❑ A-4❑ A-5❑ B: Business ❑ E: Educational ❑ F. Facto F-1❑ F2❑ H: High Hazard H-1❑ H-2❑ H-3 ❑ H-4❑ H-5❑ I: Institutional I-1 ❑ I-2❑ I-3❑ 1-4❑ M: Mercantile❑ R: Residential R-111 R-2❑ R-3❑ R-4❑ S: Storage S-1❑ S-211- U: Utility❑ Special Use❑and please describe below: Special Use: SECTION 6:CONSTRUCTION TYPE(Check as applicable) IA ❑ IB ❑ IIA ❑ IIB ❑ IIIA ❑ I1I11 ❑ IV ❑ I VA ❑ VB ❑ SECTION 7:SITE INFORMATION(refer to 780 CMR 111.0 for details on each item) Debris Removal:i Permit:Water Supply: Flood Zone Information: Sewage Disposal: TrenchLicensed Disposal Site❑ Public❑ Check if outside Flood Zone❑ Indicate municipal❑ A trench will not be P Private❑ or indentify Zone: or on site system❑ required❑or trench or specify: permit is enclosed❑ Railroad right-of-way: Hazards to Air Navigation: MA Historic Commission Review Process: Not Applicable❑ Is Structure within airport approach area? Is their review completed? or Consent to Build enclosed❑ Yes❑ or No❑ 1 Yes❑ No ❑ SECTION 8:CONTENT OF CERTIFICATE OF OCCUPANCY Edition of Code: Use Group(s): Type of Construction: Occupant Load per Floor: Does the building contain an Sprinkler System?: Special Stipulations: SECTION 9: PROPERTY OWNER AUTHORIZATION Name and Address of Property Owner ,I 14pv CL'iti 1 2 kV 4ti11i ST' f O i l Name(Print) No.and Street City/Town Zip Property Ow/'er Contact Information: Jo•t✓ 17 Ck71#-/ e? i'2-k- 6;3 _ - Title Telephone No.(business) Telephone No. (cell) e-mail address If a plicable,the property owner hereby authorizes l J`^ty JI e w S T A_ 0 I S D Name Street Address City/T wn State Zip to act on the property owner's behalf,in all matters relative to work authorized by this building permit application. SECTION 10:CONSTRUCTION CONTROL(Please fill out Appendix 2) If building is less than 35,000 cu.ft.of enclosed space and/or not under Construction Control then check here O and skip Section 10.1 10.1 Registered Professional Responsible for Construction Control Name(Registrant) Telephone No. e-mail address Registration Number Street Address City/Town State Zip Discipline Expiration Date 10.2 General Contractor Company Name/' Name of Person Responsible for Construction License No. and Type if Applicable Street Address / City/Town State Zip ?f/-I YL' -3Sl/ 7 r )(d- �`C S Jp c �GaHf Dna 6-*o> -Vo—,• Cao .� Telephone No. business Telephone No. cell e-mail address SECTION 11:WORKERS'COMPENSATION INSURANCE AFFIDAVIT M.G.L.c.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 signed Affidavit submitted with this application? Yes❑ No ❑ SECTION 12:CONSTRUCTION COSTS AND PERMIT FEE Item Estimated Costs:(Labor and Materials) Total Construction Cost(from Item 6)_$ 1.Building $/y b p' "t%v Building Permit Fee=Total Construction Cost x_(Insert here 2.Electrical $ G o o'a-1, appropriate municipal factor)_$ 3.Plumbing $ (i�t, •a-6 4.Mechanical (HVAC) $ Note:Minimum fee=$ (contact municipality) 5.Mechanical Other $ Enclose check payable to 6.Total Cost $ �,O'D D_at, (contact municipality)and write check number here SECTION 13:SIGNATURE OF BUILDING PERMIT APPLICANT By entering my name below,I hereb attest under the pains and penalties of perjury that all of the information contained in this ap lication is true and accurate t e est o owledge and understanding. Please print and sign name Title /1 Telephone No. Date A Street Address Cityown State ,Zip /1 �i' r Municipal Inspector to fill out this section upon application approval: �� ''" / / Name Date