58 DERBY STREET - BUILDING JACKET MM58 DERBY STREET `
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ROBERT M. RUMPF& ASSOCIATES INSPECTION & REPORT ?�4NI" or.MAss4cy
CONSULTING ENGINEERS Residential Building �� ROBERT s�
10 1 DERBY STREET 58 Derby Street RUMPF
SALEM, MA 01970 Salem, Massachusetts 4 No. 66320
WW
978-745-6596 FAX 978-744-4661 ��F'�o1STEP�
FSS/ONAI EN4
October 25, 2000
Mr. Thomas A. Bubier, Trustee
Mr. Andrew Perkins
Phoenix Real Estate Trust
36 Wolf Hill Road
Gloucester, Massachusetts 01930
REPORT
We have visually inspected the residence at 58 Derby Street, Salem,
Massachusetts for comment relating to the structural conditions exposed to
view in the basement, namely: the first floor framing, sill, and foundation.
Same inspection was conducted on October 24, 2000.
Observations—
During our site visit, four areas of concern were brought to our attention:
• Two original-construction, cantilevered wood beams exhibit some
rot near their masonry supports; same beams were used primarily
to support an abandoned hearth and have deflected over time.
• A bent, or beam, spanning the width of the dwelling and adjacent
to the interior stairs, shows some superficial rot where it joins the
building sill.
• A new, Douglas fir 4x6 beam was installed during the recent
renovation as an intermediate support for the existing floor joists.
Although its span is less than T-0", it was placed "on-the-flat" for
ease of construction purposes.
Continued...
N OF Mgss9
ROBERT M.RUMPF Be ASSOCIATES INSPECTION & REPORT
CONSULTING ENGINEERS Residential Building F° ROBERT c�Gs
101 DERBY STREET 58 Derby Street RUM
� MPF
SALEM, MAO 1970 Salem, Massachusetts P No. 66320
978-745-6596 FAX 978-744-4661 SOF.PG'/STE.P'1�p4'W
S'rtONAL EN4
Continued from page one...
• A short purlin, or joist, near the rear-right comer of the basement is
poorly supported; same purlin spans approximately 3'-0" or less.
Conclusions—
Our experience includes inspections of literally hundreds of similar
buildings. The above-listed concerns are prevalent and commonplace in
the majority of buildings of this type and vintage that we observe. For this
reason, we are not alarmed by these conditions, but rather accept them as
part of the historic nature of the structure, which typically requires
periodic, routine maintenance or repair — so long as conditions are not
threatening or dangerous (as in this case).
Similarly, Article 34 of the Massachusetts State Building Code allows
reasonable acceptance of existing conditions less than ideal or otherwise
not allowable for newly constructed buildings. Therefore, we looked at the
upper levels of the residence to determine what effect, if any, the
shortcomings listed had on the habitable portion of the structure.
We found that the building was in very good condition, both inside and
out: walls plumb, floors leveled and solid. The wall and ceiling finishes
were free of cracks, indicating no recent settlement or movement. This
additional inspection verified our confidence in the condition of the
structure as-is, while recognizing that others may require repairs.
Recommendations—
After scraping-off superficial rot where practical, competent tradesman,
using readily available materials, can provide repairs as follow:
• A "tee", or short beam with center column, can be installed as a
simple support under the cantilevered beams - in affect, freeing
any residual load of the hearth from the beams.
Continued...
OF Mgssrc
ROBERT M. RUMPF& ASSOCIATES INSPECTION & REPORT 0 . ROBERT yes
CONSULTING ENGINEERS Residential Building RUMPF N
101 DERBY STREET 58 Derby Street p No. 6632 0
SALEM, MA 01970 Salem, MassachusettsPo�.FQ,tsTEv-```t�.
978-745-6596 FAX 978-744-4661 �S`S10 AL EN4
Continued from page two...
• A column can be installed beneath the bent near the foundation,
thereby reducing the span.
• The fir beam can be left as-is, reinforcing the old joists adequately.
• A pressure-treated 2x4 can be sistered to the subject purlin and
firmly supported.
We suggest that these measures can be furnished as optional, extra
security and at a cost not exceeding $1,500.00, if so desired. If you require
additional information or follow-up inspection, please advise.
Ps ctfully
Obert M. Rumpf,
Robert M. Rumpf&Associates
Citp Of bale t, 1Va!6f rbu!6ettg
f Public Propertp Mepartment
t, 3Builbing MMpartment
One balem Oreen
(976) 745-9595 (Ext. 360
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer jC►l�
April 19, 2000
Jose Salomao
Margaret Hallet- Salomao
58 Derby Street
Salem, Ma. 01970
RE: 58 Derby Street
Dear Owners:
A building permit#158-99 was issued on March 31, 1999 to renovate 58 Derby Street.
Because the plans called for a complete renovation, this department issued a permit that
required a Certificate of Occupancy to be issued before occupying the building. The
contractor never called for final inspection for either plumbing or gas.
The builder also did not call for a final building inspection and did not obtain a
Certificate of Occupancy.
A subsequent inspection by this department showed extensive insect damage in the sills
and first floor structure. It is our opinion that the home needs major structural repairs to
make the building sound.
Sincerely,
Thomas St. Pierre
Local Building Inspector
Cc: Mayor Usovicz
Councillor LaCava
Cite of *afem, jffiamwbuattz
Public Propertp Mepartment
Wuilbing Mepartment
One 9+alem Oreen
(978) 7459595 (Ext. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
April 6, 2000
RE: 58 Derby Street
To Whom it May Concern:
This letter is to inform you that a final Plumbing Inspection was never called for at the
above mentioned address.
Sincerely,
John LeClerc
Plumbing & Gas Inspector
Citp of &alem, 01ag5arbu!6ett!g
Public Vropertp Mepartment
�3uilbing Mepartment
One balem Oreen
(978) 745-9595 ext. 380
Peter Strout
Director of Public Property ®�
Inspector of Buildings
Zoning Enforcement Officer u
November 17, 1999
Mr. & Mrs. Joao Salomao
58 Derby Street
Salem, Ma. 01970
RE: 58 Derby Street
Dear Mr. & Mrs. Salomao:
Upon inspection of the above mentioned property the following violations were noticed;
1. Water leaking from flue pipe. (condensation)
2. Power vent not working. Furnace not venting to atmosphere.
3. Access doors on furnace not properly installed.
4. Cement material covering furnace.
Therefore the furnace was condemned on October 28, 1999 at 7:00 p.m.
Sincerely,
John LeClerc
Plumbing & Gas Inspector
j
Commonwealth of Massachusetts
MIDDLESEX, ss. Superior Court
C.A. No.: ESCV2000-018248
JOAO A. SALOMAO and MARGARET -
C.HALLETT-SALOMAO,
Plaintiffs
V.
THOMAS A.BUBIER and ANDREW
B.PERKINS,in their individual
capacities and as trustees of the Subpoena Pursuant to
PHOENIX REAL ESTATE TRUST,KILBORN M.R.C.P. Rule 30(a)
PROPERTY CONSULTANTS,INC.and & Rule 45
HUNNEMAN-COLDWELL BANKER,
Defendants
To: Keeper of Records,City of Salem
Attn:Debra Burkinshaw,City Clerk of Salem
93 Washington Street
Salem,MA 01970
Greetings:
YOU ARE HEREBY COMMANDED in the name of the CommonweSlth of Massachusetts in accordance
with the provisions of Rule 45 of the Massachusetts Rules of Civil Procedure to appear and testify on behalf of
plaintiffs, Joao A. Salomao and Margaret C. Hallett-Salomao before a Notary Public of the Commonwealth, at
the office of Lawson & Weitzen, LLP, Robert J. Roughsedge, 88 Black Falcon Avenue, in the City of Boston,
Massachusetts on the 25th day of July, 2002 at 10:00 a.m., and to testify as to your knowledge, at the
taking of the deposition in the above-entitled action.
• And you are further required to bring with you all documents listed in the attached Schedule A:
Please note that you are invited to produce the documents in lieu of testimony
Hereof fail not as you will answer your default under the pains and penalties in the law in that behalf made and
provided.
Robert J. Roughsedge Dated: June 24, 2002
Lawson & Weitzen. LLP AUDREY L ANDREWS
Attpm.,rpr Joao A. Salomao and Margaret C. Hallett-Salomao A NOTARY PUBLIC OF BOSTON
88 Black Falcon Avenue
MY COMMISSION EXPIRES MARCH 20,2009
�
Address Notary Public
Boston, Massachusetts 02210 My Commission expires: h Q"'& 0
Ca,p,To.
(617) 439-4990
Telephwre Number
Any questions, please call Robert J. Roughsedge at 617-439-4990 / U AT EST COPY
DEPUTY SHERIFF
n
a.
Schedule A
1. Any documents, including, but not limited to: complaints, building permits, inspections,
lawsuits, notices, or other documents, concerning any of the following individuals and/or entities
and the properties they owned or were involved with:
a. Andrew Perkins
b. Thomas Bubier
c. Phoenix Real Estate Trust
d. Andrew B. Perkins Trust
e. T&A Realty Trust
£ Franklin Street Realty Trust
g. A& B Realty Trust
2. Any documents referencing any complaints about Rebecca Kilborn or Kilbom Property
Consultants, Inc. or properties in which either were involved.
3. Documents concerning any of the individuals and/or entities listed in paragraph one and
any of the following properties:
a. 58 Derby Street, Salem, MA.
b. 25 North Street, Salem, MA.
c. 16 Churchill Street, Salem, MA.
d. 3 Watson Street, Salem, MA.
e. 2 Planters Street, Salem, MA.
3
QCitp of &alem, Aammrbu!5ett.5
Pubic Propertp Mepartment
Wuilbing Mepartment
One dbalem Oreen
(978) 745-9595 @xt. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
November 17 , 1998
Florence Bergeron
Alexander Realty Trust
223 Washington Street
Marblehead, Mass . 01945
RE: 58 Derby Street
Dear Mrs . Bergeron:
This letter is to inform you that this department is
revoking your building permit #144-98 , per Massachusetts
State Building Code, which calls for the revocation of any
permit that is not acted upon within six ( 6 ) months .
The other permit 4260-98 will be revoked soon if no
work is being conducted .
If you have any questions regarding this matter ,
please feel free to contact me .
Thank you for your anticipated cooperation in this
matter .
Sincerely,
Thomas St . Pierre
Assistant Building Inspector
TJS : scm
APPLICATION'
FOR COMPLAINT HEARING - LJ ' 1yy BRANT COURT S OCOUft apartments -'
❑ 49REST
The within named complainant requests that ,a complaint:issue age 4 the within
named defendant, charging said defendant with the offense(s) listed beylow. 111111"a Ohl QjUld
DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 6'
3/6/98 1 1/9/98 58 Derby Street SaISM L!A 01870
NAME OF COMPLAINANT
City of Salem Building Department NO. OFFENSE G.L. Ch. and Sec
ADDRESS AND ZIP CODE OF COMPLAINANT In violation of Massachusetts
One Salem Green _. , 1.
State Building Code 780 CMR
Salem, Mass. 01970
Chapter 91 Section 103.1
2. 103.2
NAME,ADDRESS AND ZIP CODE OF DEFENDANT
Alexander Realty Trust
Florence Bergeron Tr. - 3.
223 Washington Street
Marblehead, Mass. 01945
4.
COURT USE I A hearing upon this complaint application DATEOFHEARING TIMEOFHEARING COURT USE
ONLY--o- will be held at the above court address on AT F—ONLY
CASE PARTICULARS — BE SPECIFIC
NAME OF VICTIM DESCRIPTION OF PROPERTY _ VALUE OR PROPERTY TYPE OF CONTROLLED
NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON
person assaulted,etc. destroyed,etc. $250. Marijuana.gun,etc.
1
2
3 -
4
OTHER REMARKS:
J
In violation of Massachusetts State Building Code Chapter B1
Section 103.1 — 103.2. The defandant is neglecting re
to the structure
X
SIGNATURE OF COMPL AN
DEFENDANT IDENTIFICATION INFORMATION — Complete data below if kno
DATEOF BIRTH PLACEOFBIRTH SOCIALSECURITY NUMBER SEX RACE HEIGHT WEIGH EY HAIR
OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME
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DC-CR2(3188)
of �baYpml SHa52;ar JU$ptt$
1 Vublic Propertp Mepartment
JguiIbing Mepartnient
One rea(em oreen
(976)745-9595 Cd. 360
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
January 9 , 1998
Alexander Realty Trust
Florence Bergeron Tr .
223 Washington Street
Marblehead , Mass . 01945
RE : 58 Derby Street
Dear Ms . Bergeron :
On December 1 , 1997 , I sent you a letter with five
( 5 ) violations that needed to be attended to at the above
mentioned address . To this date no work has been
performed on the structure .
Please call to inform me of your course of action in
this matter . Copy of December Ist letter is enclosed.
SincerE4y, �1
Leo E . Tremblay
Inspector of Builings
LET: scm
cc : Councillor Paskowski , Ward 1
s Ti#u of �ttlrm, massar4use##s
1 �'a Public Prapertg i9eVartment
Nuilbing Btpartment
Ont IhItm (Lrcrn
508-715-9595 Est. 3BU
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
December 1 , 1997
Alexander Realtv Trust
Florence Bereeron Tr .
223 Washington Street
Marblehead , Mass . 01945
RE : 58 Derby Street
Dear Mrs . Bereeron:
This office has received a complaint concerning the
condition of the DroDerty located at 58 Derbv Street . I
conducted an inspection on December 1 , 1997 and the
following violations were noticed :
1 . The chimneys above roof level , needs to be repaired .
2 . Entry door needs to be maintained .
3 . Exterior siding needs major repairs .
< . Roof, soffitt and facia rotted out needs major repairs .
5 . You must receive a Certificate of Compliance from the
Citv of Salem Health Department before the house is
again occupied .
Please notifv this department within fifteen ( 15 )
days upon receipt of this letter . to inform us as to what
course of action you will take to rectifv these
violations . Failure to do so will result in legal action
being taken against you .
Thank you in advance for your anticipated cooperation
in this matter .
Sincer
Leo E . Tremblay
Inspector 'o- ildings
LET : scm
cc : Health Department
C�n;- —O- L-ear-v ; Ward
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUJ-DING CODE
102.3 Zoning Bylaw Restrictions: When the structures and provided further that the siting and
provisions herein specified for structural strength, fire separation distance comply with the
adequate egress facilities, sanitary conditions, requirements for new structures.
equipment, light and ventilation, energy 780 CMR 103.0 MAINTENANCE
conservation or fire safety conflict with the local 103.1 General: All buildings and structures and all
zoning bylaws or ordinances,780 CMR shall control parts thereof,both existing and new,and all systems
the construction or al.eratfon of buildings and and equipment therein which are regulated by
structures unless such bylaws or ordinances are 780 CMR shall be maintained in a safe,operable and
promulgated in accordance with the provisions of Mary condition. All service equipment,means of
M.G.L.e. 143,§98. egress,devices and safeguards which are required by
780 CMR in a building or structure,or which were
102.4 General bylaw restrictions: When the required by a previous statute in a building or
provisions herein specified for structural strength, ,structure,when erected,altered or repaired,shall be
adequate egress facilities, sanitary conditions, maintained in good working order.
equipment, light and ventilation, energy
conservation or fire safety conflict with the local 103.2 Owner responsibility: The owner, as
general bylaws or ordinances, 780 CMR shall defined in 780 CMR 2, shall be responsible for
control the construction or alteration of buildings compliance with provisions of 780 CMR 103.0.
and structures unless such bylaws or ordinances are
promulgated in accordance with the provisions 780 CMR 104.0 VALIXIN
M.G.L.c. 143, §98.
103.1 General: The provisions.of 780 CMR are
102.5 Applicability to Existing Buildings severable, and if any of its provisions shall be held
unconstitutional or otherwise invalid by any court of
102.$.1 General: Existing buildings and competent jurisdiction, the decision of such court
structures shall comply with the provisions of shall not affect or impair any of the remaining
780 CMR 102.5 and all other applicable provisions.
provisions of 780 CMR.
102.5.2 Unless specifically provided otherwise in 780 CMR 105.0 OFFICE OF THE
780 CMR,any existing building or structure shall INSPECTOR OF BUILDINGS OR
meet and shall be presumed to meet the provisions WELDING COMMISSIONER
of the applicable laws,codes,rules or regulations, 105.1 Appointment: The chief administrative
bylaws or ordinances in effect at the time such officer of each city or town shall employ and
building or structure was constructed or altered designate an inspector of buildings or building
and shall be allowed to continue to be occupied commissioner(hereinafter inspector of buildings)as
pursuant to its use and occupancy,provided that well as such other local inspectors as are reasonably
the building or structure shall be maintained in necessary to assist the inspector of buildings to
acc irdanoc with 780 CMR 103.0, administer and enforce 780 CMR and of M.G.L.
102.5.3 In rases which applicable codes,rules or c. 22, § 13 A and the rules and regulations made
regulations,bylaws or ordinances were not in use under the authority ShereaG The inspector of
at the time of such construction or alteration,the buildings shall report directly to and be solely
provisions of 780 CMR 103.0 shall apply. responsible to the appointing authority.
102.5.4 In cases where the provisions of 105.2 Alternate: The inspector of buildings is
780 CMR are less stringent than the applicable authorized to designate an alternate who shall
codes,rules or regulations,bylaws or ordinances exercise all the powers of the inspector of buildings
at the time of such construction or substantial during the temporary absence, disability or conflict
alteration, the applicable provisions of 780 CMR of interest of the inspector of buildings. Said
shall apply, providing such application of these alternate shall be duty qualified pursuant to
provisions does not result in danger to the public, 780 CMR 105.3.
as determined by the building official.
102.5.5 Existing buildings or parts or portions 105.3 Qualifications of the Inspector of Buildings:
thereof which are proposed to be enlarged, In accordance with the provisions of M.G.L.c. 143,
§ 3, each inspector of buildings shall have had at
altered,repaired or changed in use or occupancy
shall comply with the provisions of 780 CMR 34. least five years of experience in the supervision of
building construction or design or in the alternative
102.5.6 Moved Structures: Buildings or a four year undergraduate degree in a field related to
structures moved into or within the iurisdiction building construction or design,or any combination
shall comply with the provisions of 780 CMR 34 of education and experience which would confer
provided that any new system shall comply as far equivalent knowledge and ability,as determined by
as practicable with the requirements for new the BBRS. In addition each inspector of buildings
14 780 CMR-Sixth Edition 2/7/97 (Effective 2/28/97)
Tito of *Ulem, massar4usletts
Public Propertg 1epartment
Nuilbing i9epartment
tine OvIrm (Srren
508.745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
December 1 , 1997
Alexander Realty Trust
Florence Bergeron Tr .
223 Washington Street
Marblehead, Mass . 01945
RE: 58 Derbv Street
Dear Mrs . Bergeron:
C>
This office has received a complaint concerning the
condition of the property located at 58 Derby Street . I
conducted an inspection on December 1 , 1997 and the
following violations were noticed:
1 . The chimneys above roof level , needs to be repaired .
2 . Entry door needs to be maintained.
3 . Exterior siding needs major repairs .
4 . Roof, soffitt and facia rotted out needs major repairs .
5 . You must receive a Certificate of Compliance from the
City of Salem Health Department before the house is
again occupied.
Please notify this department within fifteen ( 15 )
days upon receipt of this letter, to inform us as to what
course of action you will take to rectify these
violations . Failure to do so will result in legal action
being taken against you .
Thank you in advance for your anticipated cooperation
in this matter .
Sincer
Leo E . Tremblay
Inspector `o- ildings
LET: scm
cc : Health Department sy
C bean, Ward 3f-