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131 DERBY STREET - BUILDING JACKET OPendaflor *APS@/fe 74520 40% P4 E KA ' �B/rr iirfi�o�r J/TL�. August 9, 2006 To whom it may concern: I along with my brother Edward own and operate O'Keefe Brothers Construction. On July 10, 2006, we began a tear of and re roof of a property.located at 1.31 Derby Street in Salem, Massachusetts. The building is an 80 x 30 two-story brick veneer with heavy timber roof construction, the building also has a one story 30 x 30 brick veneer heavy timber/steel beam roof construction attached garage. Prior to our start date the owners of this property had already begun discussions with the developer/builder over who would be responsible for the cost associated with the removal and replacement of their roofs. The reasoning for the discussions of roof costs between the builder/developer and the owners of this building were already occurring is that the homeowners had experienced roof and/or wall leaks prior to July 10, 2006. It was and is our understanding the builder/developer agreed to a set dollar amount to be put aside for the roof replacement. The action of the developer himself agreeing to pay restitution for roof replacement cost certainly implies some degree of wrongdoing. On July 10, 2006, we began removing the old roofing material from the northeast section of the two story brick portions of this property. Working our way across the roof, we began to see small areas of deteriorating and/or missing sections of roof sheathing. The condition of the roof sheathing and structural heavy timber roof joists worsened considerably as we worked our way toward the opposite end of the roof. My brother Edward and I have been in the roofing/construction field for well more than thirty years and have never seen the amount of rot that exists in the structural roof carrying joists. The existing structural roof joists in place today August 9, 2006 have completely rotted away from the brick veneer wall that was designed to hold them up. These are not exaggerated claims, in fact one of the insured (Mr. Navarro )has photos showing the amount of damage that exists. Sfi. p— erg EXHIBIT NO. SR DATE: 7/ ao D RPTR:AYAKO ODANAKA Upon being informed of the unsafe and dangerous condition of the structural roof carrying members, The building owners were informed by us and others that measures had to be taken to correct the current state of disrepair that exists in the structural roof joist, roof sheathing and brick veneer walls. The amount of structural roof replacement involved is approximately one third of the entire two story building. And the entire roof support beams and sheathing on the lower one story building. On July 11, 2006 upon completing roofing work on the two story brick section for the day, Salem and surrounding communities were hit by an extremely strong rain and hail storm. We remained at this property through the early stages of this storm. Upon getting home that night my brother Edward called me and informed me the two story section of the building was receiving water inside. I immediately called two of our employees and instructed then to meet me at the property. Upon arriving at the building the first floor owners and one of the second floor owners where home. They were both in varying degrees of anxiety/rage over their interpretations of what was happening. After helping in the cleanup it seemed to me both owners were more understanding of the situation and actually apologized to me for their initial treatment of myself and my employees. Upon speaking with both sets of owners later that night I left with the impression that there battles would be fought more with the builder/developer and not with my brother and myself. Having seemingly cleared that hurdle from the night before we returned to work at the property the next day. The full deterioration of the existing roof support members; now the main obstacle in completing the re roofing project, we informed the building owners we cannot install the new roof over the existing failing members. Both sets of building owners unequivocally agreed. We were subsequently asked to remove the remaining roofing material and the roofing material on the one story brick roof so their own architects, engineers, builders could see the full extent of the damage. After discussing with both sets of owners the danger involved with removing the existing roofing without being able to replace it would leave them extremely vulnerable to inclement weather. The owners suggested to us that we have our attorney draft a letter releasing us of liability should damage occur to the building. To date neither owner after repeatedly assuring us they would, has signed this letter from our attorney. To date August 8, 2006, better than half of this building does not have a fully adhered rubber roofing system on it. Neither owner has contacted us and one owner will not return our phone calls. It has become a sorry situation for O'Keefe Brothers Construction to be in where insurance claims, unreturned phone calls and disingenuous statements take precedent over who is truly to blame. If all parties involved were to be truthful, it would become painfully clear who created and/or ignored the current roof crisis at 131 Derby Street. After receiving an insurance claim from the owners of the building it appears to us that regardless of what was said to us they apparently are willing to recoup some of their losses at any costs. Actions do speak louder than words, and their repeated assurances and handshakes mean little in the face of a crippling insurance action against us. This building has been leaking well before both owners purchased their properties in the spring of 2006. Documented home inspections bear this out. Twelve by twelve heavy timber roof joists do not rot away overnight. Wood floors do not warp hours after rain storms. These and other current building conditions that are both illegal and impractical building practices have more to do with an overzealous, greedy builder/developer than O'Keefe Brothers' Construction. Most logical knowledgeable construction professionals involved in this project would and have concluded that this property was constructed with a limited budget using sub standard building practices and unqualified subcontractors. We remain hopeful that you as our agent and/or Insurance carrier remain diligent in response to this claim of property damage supposedly occurred on July 10, 2006 due to some fault of O'Keefe Brothers Construction Inc. We have worked extremely hard to earn a reputation that we believe is above reproach. And your own records will show that we do not operate on a reckless basis. O'Keefe Brother's Construction cannot withstand and should not be held responsible for a building that is literally falling down around its owners. The careless, deceitful and irresponsible actions of the man that developed and sold this property is truly where the fault lies. There are countless people you should use as a reference when determining the outcome of the claim lodged against us and we would be happy to give you names and numbers of these individuals. Please feel free to contact us with any questions or comments on this matter. Sincerely Yours, Kevin M. O'Keefe Edwa . cc: Attorney Phillip Moran Mr. Paul Fitzgerald Mr. Steve Navarro Mr. Lewis Lagon Mr. Tom St. Pierre 397Linabraak/7d. 1pssrlch,Ma 01938 978.836.8026 978.815.3032 Fax:978.312.1065 RELEASE OF LIABILITY Now comes the Trustees of the 131 Derby Renaissance Condominium Trust ("Trustees") and O'Keefe Brothers Construction, Inc. ("O'Keefe"), and hereby agree as follows: 1. O'Keefe have been engaged by the Trustees to replace the roof at the property located at 131 Derby Street, Salem, Essex County, Massachusetts. 2. On Monday, July 10, 2006, O'Keefe began the replacement by removing the existing roof. 3. Once the existing roof was removed, it was discovered that the understructure of the property is compromised, making it impossible to properly replace the roof until the structural damage is repaired. 4. O'Keefe has covered the top of the property to the best of its ability to protect it from the elements, including wind and rain. . 5. The Trustees have agreed with O'Keefe that it is unable to proceed with the replacement until the understructure is corrected. 6. The Trustees are in agreement that O'Keefe has done all in its power to protect the property while the corrections are being made. NOW, WHEREFORE, in consideration of One Dollar ($1.00) and other valuable consideration, the Trustees hereby release and discharge O'Keefe from any and all actions, causes of actions, claims, demand for, upon or by reason of any damage, loss or injury, which have been or may be sustained by said Trustees in consequence of O'Keefe removing the roof on the property at 131 Derby Street in said Salem. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist. IN WITNESS WHEREOF, the parties hereto sign this Release this day of July, 2006 The Trustees of the 131 Derby Street Renaissance Condominium Trust O'Keefe Brothers Construction, Inc. By: By: 131 DERBY STREET CONTACTS Builder: Lewis Legon 37 Walter Street Salem, MA 01970 617-513-0705 (cell) 978-740-5346 Owners: V Floor 2°d Floor Steve Navarro Paul Fitzpatrick 131R Derby Street 131 Derby Street Salem, MA 01970 Salem, MA 01970 978-360-8524 (cell) (617)480-7120 City of Salem Building Inspector: Home Inspector: Tom St.Pierre Ricker Associates 1 Salem Green Charlie Ricker Salem, MA 01970 36 Londonderry Road Marblehead, MA 01945 978-745-9595 781-631-3050 Attorney for O'Keefe Brothers: Philip D. Moran 265 Essex Street Suite 202 Salem,MA 01970 978-745-6085 397L1nabrook/Pd. /ptsw/cb,Ma 0f93B 978.836.8026 978.815.3032 Fax: 978.312.1065 &""no., lame. REFERENCES Stevens Construction 12 Winterhaven Street Essex, MA 01929 Contact: Andy Stevens 508-843-2105 Sousa Realty Topsfield Road Wenham, MA 01984 Contact: Peggy 978-468-7393 McKinnon Realty 257 Washington Street Salem, MA 01970 Contact: Bill 978-744-2552 Peter 617-755-1742 397LInebrook Rd. A~rh,Ma Of938 978.836.8026 978.815.3032 Fax:978.312.1065 LITCHFIELD WRITER'S ADDRESS: 6 Kimball Lane,Suite 200 Lynnfield,MA 01940 CA` ,O '7811309.1500 Attorneys at Law �/ 781)248-0187 Fax email:jarosaklitchfieldcavo.com August 6, 2009 Thomas J. St. Pierre, Building Commissioner Salem Building Department 120 Washington Street, 3`d Floor Salem, MA 01970 RE: Charlotte Fitzpatrick as Trustee of the Renaissance Condominium at 131 Derby Street Trust v. H.H. Morant & Co., et al Essex Superior Court C.A. No. 7-2457 LC File No.: 2714-9 Dear Mr. St. Pierre: Enclosed with this letter you will find the original documents which were marked as exhibits at your recent deposition. As we discussed at the deposition, please make sure that these documents are neither discarded nor destroyed by the building department. In addition, please provide complete copies of all of the other documents which we discussed at your deposition which you agreed to produce following the deposition. You will recall that all counsel requested copies of the disk of photographs. If five copies of the disk could be provided that would be greatly appreciated. If any costs are incurred in producing those duplicates, please indicate the cost per attorney when you send the disk with the other documents. Thank you for your attention to these matters. Please feel free to contact me with any questions. qry tr ly yours, J hn J. Jaros JJJ\kmd Enclosures cc: James P. O'Shea, Esquire Louis J. Muggeo, Esquire Susan M. Oftring, Esquire Jennifer Hardy, Esquire Peter B. White, Esquire Chicago • Hartford • Boston • New York •New Jersey • Tampa• Fort Lauderdale • Milwaukee •Los Angeles www.litchfieldcavo.com 0131 DERBY STREET G-498-08 COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM GIS#: 11983 Map: 141 Lot:lock: I 0316-201 GAS PERMIT Lot: Permit: Gas Category: GAS Perntit# G-498-08 PERMISSION IS HEREBY GRANTED TO: Project# IJS-2008-000313 Est. Cost: $0.00 Contractor: License: Expires: Fee Charged:$30.00 s j O'Regan Plumbing&Heating Balance Due:$.00 Owner: ONE THREE ONE REALTY TRUST #of Fixtures: __ Applicant: ONE THREE ONE REALTY TRUST AT: 0131 DERBY STREET ISSUED ON: 08-Aug-2007 AMENDED ON. EXPIRES ON. 08-Sep-2007 TO PERFORM THE FOLLOWING WORK: GRILLES THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: GAS REC-2008-000345 08-Aug-07 CASH $30.00 St. 'Pierre GcoTMS@ 2009 Des Louriers Municipal Solutions,Inc. EXHIBIT NO.—'2 DATE: 713: 13 o�07 RPTR:AYAKO ODANAKA 0131 DERBY STREET 388-05 COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM GIS#: 11984 Map: 41 Lot: 0316-202 ' PLUMBING PERMIT Lot: Permit: Plumbing Category: PLUMBING Permit -# JS 2005-00_0852_388 05 Project PERMISSION IS HEREBY GRANTED TO: j Est.Cost: $0.00 Contractor: License: Expires: Fee Charged:$780.00 BLAIS PLUMBING&HEATING Balance Due:$.00 Owner: Lewis Legon #of Fixtures: Applicant: CONTRACTOR AT: 0131 DERBY STREET ISSUED ON. 22-Mar-2005 AMENDED ON. EXPIRES ON: TO PERFORM THE FOLLOWING WORK. P388-05 RENOVATIONS FIXTURES DR THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: PLUMBING PEC-2005-001072 22-Mar-05 X $780.00 GcoTMS®2009 Des Lauriers Municipal Solutions,Inc. 0131 DERBY STREET G412-05 COMMONWEALTH OF MASSACHUSETTS _ CITY OF SALEM GIS#: 11984 Map: 141 - � Block: _ Lot: 0316-202 - GAS PERMIT Permit: IGas Category: GAS Permit# G412-65 PERMISSION IS HEREBY GRANTED TO: Project# JS-2005-000884 Est. Cost: $0.00 Contractor: License: Expires: Fee Charged:$360.00 BLAIS PLUMBING&HEATING Balance Due:$.00 Owner: Lewis Legon #of Fixtures: Applicant: BLAIS PLUMBING&HEATING AT: 0131 DERBY STREET ISSUED ON: 22-Mar-2005 AMENDED ON. EXPIRES ON: TO PERFORM THE FOLLOWING WORK: G412-05 FIXTURES JL THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: GAS REC-2005-001104 22-Mar-05 X $360.00 GeoTMS©2009 Des Lauriers Municipal Solutions,Inc. 0131 DERBY STREET 393-05 COMMONWEALTH OF MASSACHUSETTS CITY OF SALEM GIS#: 11984 Map: 41 Block: Lot: 0316-202 PLUMBING PERMIT Permit: Plumbing Category: PLUMBING Permit# 393-05 PERMISSION IS HEREBY GRANTED TO: Project# JS-2005-000924 Est. Cost: $0.00 Contractor: License: Expires: Fee Charged:$440.00 BLAIS PLUMBING&HEATING Balance Due:$.00 Owner: LEGON LEWIS/RENAISSANE REAL ESTATE INVESTMENTS #of Fixtures: JApplicant. BLAIS PLUMBING&HEATING AT. 0131 DERBY STREET ISSUED ON. 23-Mar-2005 AMENDED ON. EXPIRES ON. TO PERFORM THE FOLLOWING WORK: 393-05 FIXTURES DR THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: PLUMBING REC-2005-001146 23-Mar-05 X $440.00 GeoTMS®2009 Des Lauriers Municipal Solutions,Inc. 0131 DERBY STREET 393-05 COMMONWEALTH OF MASSACHUSETTS _ _ CITY OF SALEM GIS#: 11984 Map: 41 r. Bot: 0316-202 Lot: PLUMBING PERMIT Permit: Plumbing Category: PLUMBING Permit# 393-05 PERMISSION IS HEREBY GRANTED TO: Project# JS-2005-000924 I Est. Cost: $0.00 Contractor: License: Expires: Fee Charged:$440.00 BLAIS PLUMBING&HEATING Balance Due:$.00 I Owner: LEGON LEWIS/RENAISSANE REAL ESTATE INVESTMENTS #of Fixtures. ml Applicant: BLAIS PLUMBING&HEATING AT. 0131 DERBY STREET ISSUED ON: 23-Max-2005 AMENDED ON. EXPIRES ON: TO PERFORM THE FOLLOWING WORK: 393-05 FIXTURES DR THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: PLUMBING REC-2005-001146 23-Mar-05 X $440.00 GeoTMSO 2009 Des Lauriers Municipal Solutions,Inc. .0131 DERBY STREET G372-06 COMMONWEALTH OF MASSACHUSETTS _- _ CITY OF SALEM GIS W. 11984 � Map: 41, Lot: GAS PERMIT Lot: 0316-202 � a Permit -Gas - - Category: GAS Permit# G372-06 PERMISSION IS HEREBY GRANTED TO: Project# JS-2006-001356 Est. Cost: $0.00 Contractor: License: Expires: Fee Charged:$30.00 R.E.DYER P&H Balance Due:$.00 Owner: FITZPATRICK,PAUL #of Fixtures. Applicant: R.E. DYER P &H AT: 0131 DERBY STREET ISSUED ON: 16-Feb-2006 AMENDED ON. EXPIRES ON: 16-Aug-2006 TO PERFORM THE FOLLOWING WORK: G372-06 DIRECT VENT HEATERS DR THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: GAS REC-2006-001948 16-Feb-06 4993 $30.00 GeoTMSO 2009 Des Lauriers Municipal Solutions,Inc. 0131 DERBY STREET 253-2004 GIS#: 11984 COMMONWEALTH OF MASSACHUSETTS Map: 41 Block: CITY OF SALEM Lot: 0316 202 Category: REPAIR/REPLACE Pert# 253_2004 $,_y BUILDING PERMIT Project# JS-2004-000396 Est. Cost: $8,100.00 Fee Charged: $253.00 Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO: Const.Class: Contractor: License: Expires: Use Group: ,; United Roofing,Michael Shea General Contractor-071677 Lot Size(sq. ft.): 10089 Zoning: glOwner: LARRY LEBEOUF Units Gained: Applicant: LARRY LEBEOUF Units Lost: AT: 0131 DERBY STREET Dig Safe#: ISSUED ON: 18-Sep-2003 AMENDED ON: EXPIRES ON: 09-Mar-2004 TO PERFORM THE FOLLOWING WORK: 253-2004 INSTALL NEW FULLY ADHERED RUBBER ROOF. FRD POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: Meter: Footings: Rough: Rough: Rough: Foundation: Final: Final: Final: Rough Frame: Fireplace/Chimney: D.P.W. Fire_ Health Insulation: Meter: Oil: Final: House# Smoke: Water: Alarm: Assessor Treasury: Sewer: Sprinklers: Final: , THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2004-000413 09-Sep-03 6224 $253.00 ' 't �t�� GeoTMS®2009 Des Lauriers Municipal Solutions,Inc. EXHIBIT NO. 3 DATE: 713 0 0 [PTR:AYAKO ODANAKA 131 Derby Street Rear 162-07 FIs#: 10838 COMMONWEALTH OF MASSACHUSETTS Map: 41 Block: 802 CITY OF SALEM Lot: 0316-802 Category: REPAIR/REPLACE r Permit.# _ 162-07 a..I BUILDING PERMIT Project# JS-2007-000237 j Est. Cost: $116,000.00 Fee Charged: '$1,215.00 Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor: License: Expires: Use Group: Gavin Construction Lot Slze(sq. ft.): 100889316 Zoning: B1 Owner: Renaissance Condominium St 131 Derby Street Trust Units Gained: Applicant: STEPHEN GAVIN Units Lost: AT: 131 Derby Street Rear Dig Safe#: ISSUED ON. 30-Aug-2006 AMENDED ON: EXPIRES ON: 30-Jan-2007 TO PERFORM THE FOLLOWING WORK: STRUCTURED REPAIRS TO ROOFS POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: Meter: Footings: Rough: Rough: Rough: Foundation: Final: Final: Final: Rough Frame: Fireplace/Chimney: D.P.W. Fire Health Insulation: Meter: Oil: Final: House# Smoke: Water. Alarm: Assessor Treasury: Sewer: Sprinklers: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2007-000295 30-Aug-06 1007 $1,215.00 GeoTMS®2009 Des Lauriers Municipal Solutions,Inc. 0131 DERBY STREET 17-07 GIS#: 119x4 COMMONWEALTH OF MASSACHUSETTS Map: 41 Block; CITY OF SALEM Lot: 0316-202 Category: REPAWREPLACE Pe=mit# 17-07 BUILDING PERMIT Project# JS-2007-000060 Est. Cost: $26,000.00 Fee Charged: $187.00 Balance Due: x.00 PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor: License: Expires: Use Group: O'Keefe Brothers Lot Size(sq. ft.): 10089 . "" OWn¢r: Rennagance Condo Trust Zoning: B I Units Ga'med: jApplicant. Rennagance Condo Trust Units Lost: 1 AT. 0131 DERBY STREET Dig Safe#: ISSUED ON: 14-Jul-2006 AMENDED ON.- EXPIRES ON. 14-Nov-2006 TO PERFORM THE FOLLOWING WORK: Strip&ReRoof(Rubber)REAR 131 DERBY STREET POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: Meter: Footings: Rough: Rough: Rough: Foundation: Final: Final: Final: Rough Frame: Fireplace/Chimney: D.P.W. Fire Health Insulation: Meter: Oil: Final: House# Smoke: Water: Alarm: Assessor Treasury: Sewer: Sprinklers: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2007-000075 14-Jul-06 Cash $187.00 GeoTMS®2009 Des Lauriers Municipal Solutions,Inc. 0131 DERBY STREET #2F 1045-07 T1s#: 11984 COMMONWEALTH OF MASSACHUSETTS Map: 41 Block: CITY OF SALEM Lot: 0316-202 Category: Permit# 1045-07 BUILDING PERMIT Project# JS-2007-001677 Est. Cost: $8,000.00 Fee Charged: $93.00 Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor: License: Expires: Use Group: !DAN ZIMMERMAN DBA COMMON C Lot Size(sq.ft.): 10089 Zoning: 81 p Owner: RENESSANCE CONDO DAVID HALTER(TRUSTEE) Units Gained: Applicant: DAN ZIMMERMAN DBA COMMON CONSTRUCTION Units Lost: AT: 0131 DERBY STREET #2F Dig Safe#:,,,_ _- ISSUED ON. 05-Jun-2007 AMENDED ON. EXPIRES ON. 05-Nov-2007 TO PERFORM THE FOLLOWING WORK: STRIP/RE CLAPBOARD ONE SIDE OF BUILDING POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: Meter: Footings: Rough: Rough: Rough: Foundation: Final: Final: Final: Rough Frame: Fireplace/Chimney: D.P.W. Fire Health Insulation: Meter: Oil: Final: House# Smoke: Water: Alarm: Assessor Treasury: Sewer: Sprinklers: Final THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type. Receipt No: Date Paid: Check No: Amount: BUILDING REC-2007-002057 05-Jun-07 315 $93.00 GeoTMS®2009 Des Lauriers Municipal Solutions,Inc. 0131 DERBY STREET 334-08 GIS#:" 11984 " COMMONWEALTH OF MASSACHUSETTS Map: 41 Block CITY OF SALEM Lot: 0316-202 Category: REPAWREPLACE Permit# 334-08 BUILDING PERMIT Project# 7S-2008-000614 Est. Cost: $22,000.00 Fee Charged: $313.00 Balance Due: $.00 I PERMISSIONIS HEREBY GRANTED TO: Const. Class: Contractor: License: Expires: Use Group: NEW ENGLAND BRICKMASTER Home Improvement Contractor- 103185 Lot Size(sq.ft.): 10089 Zoning: Bl .Owner: ONE THREE ONE REALTY TRUST Units Gained: Applicant: ONE THREE ONE REALTY TRUST Units Lost: AT. 0131 DERBY STREET Dig Safe#: ISSUED ON. 19-Sep-2007 AMENDED ON. EXPIRES ON: 20-Mar-2008 TO PERFORM THE FOLLOWING WORK: STRCCO BACK AND LEFT SIDE WALLS POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: Meter: Footings: Rough: - Rough: Rough: Foundation: Final: Final: Final: Rough Frame: Fireplace/Chimney: D.P.W. Fire Health Insulation: Meter: Oil: Final: House# Smoke: Water: Alarm: ASS¢$507 Treasury: Sewer: Sprinklers: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2008-000718 19-Sep-07 8897 $313.00 GeoTMS®2009 Des Lauriers Municipal Solutions,Inc. g a' c� BEEN YSQVE AD CITY OF SALEM BUILDING PERMIT 0131 DERBY STREET 621-05 GIS# 11984 COMMONWEALTH OF MASSACHUSETTS Map: 41 Block: CITY OF SALEM Lot: 0316-202 Category: DEMO Penmt# 62105 BUILDING PERMIT Project# JS-2005-000670 .7 Est. Cost: $3,000.00 Fee Charged: $25.00 " Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor: License: Expires: Use Group: - Paul Blais Lot Size(sq. ft.):,10089 Zoning: Bl Owner: LEGON LEWIS/RENAISSANE REAL ESTATE INVESTMENTS Units Gained: ;..Applicant: Lewis Legon Units Lost: ]AT. 0131 DERBY STREET Dig Safe#: ISSUED ON. 06-Jan-2005 AMENDED ON: EXPIRES ON: 06-Jul-2005 TO PERFORM THE FOLLOWING WORK: 621-05 INTERIOR DEMO ONLY TJS POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: Meter: Footings: Rough: Rough: Rough: Foundation: Final: Final: Final: Rough Frame: Fireplace/Chimuey: D.P.W. Fire Health Insulation: Meter: Oil: Final: House# Smoke: Treasury: Water. Alarm: Assessor Sewer: Sprinklers: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: DEMOLITION REC-2005-000840 06-Jan-05 576 $25.00 GcoTMS(R)2009 Des Lauriers Municipal Solutions,Inc. 5+. P lelr(ep EXHIBIT N0._y— DATE: 3 V ho RPTR:AYAKO ODANAKA 0131 DERBY STREET 622-05 GIS#: 11984 COMMONWEALTH OF MASSACHUSETTS Map: 41 Block " CITY OF SALEM Lot: 0316-202 Category: REPAIR/REPLACE j Pernut# 622-05 � .. BUILDING PERMIT Project# JS-2005-000671_ j Est. Cost: $50,000.00. Fee Charged: $505.00 Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO: Const. Class: Contractor: License: Expires: Use Group: PAUL PLAISE CONSTRUCTIO SUPERVISOR-84708 Lot Size(sq. ft): 10089 Zoning: B1 Owner: LEGON LEWIS/RENAISSANE REAL ESTATE INVESTMENTS Units Gained: Applicant: PAUL PLAISE Units Lost: AT. 0131 DERBY STREET Dig Safe#: ISSUED ON.- 06-Jan-2005 AMENDED ON. EXPIRES ON. 06-Jul-2005 TO PERFORM THE FOLLOWING WORK: 622-05 INTERIOR RENNOVATIONS TJS POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: Meter: Footings: Rough: Rough: Rough: Foundation: Final: Final: Final: Rough Frame: Fireplace/Chimney: D.P.W. Fire Health Insulation: Meter: Oil: Final: House# Smoke: Water: Alarm: Assessor Treasury: Sewer: Sprinklers: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount BUILDING REC-2005-000841 06-Jan-05 580 $505.00 GeoTMS©2009 Des Lauriers Municipal Solutions,Inc. Ej DEPOSIT ION SUBPOENA: DUCES TECUM FORM 494 HOBBS&WARREN INC. WITH OFFICERS RETURN OF SERVICE REVISED 7-7-74 ' COMMONWEALTH OF MASSACHUSETTS ` ESSEX ,SS. SUPERIOR COURT DOCKET No. 07-2457 CHARLOTTE FITZPATRIC,AS TRUSTEE OF THE RENAISSANCE CONDOMINIUM AT 131 DERBY STREET TRUST Plaintiff(s) M.R.C.P V. RULE 30(A)& RULE 45 H.H.MORANT& CO.,INC.,ET AL Defendant(s) To: Thomas J. St. Pierre, Building Commissioner Salem Building Department 120 Washington Street,3rd Floor Salem, MA Greetings: YOU ARE HEREBY COMMANDED in the name of the Commonwealth of Massachusetts in accordance with the provisions of Rule 45 of the Massachusetts Rules of Civil Procedure to appear and testify on behalf of H.H. Morant & Co., Inc. before a Notary Public of the Commonwealth, at the office of Attorney John J. Jarosak at Litchfield Cavo LLP.No. 6 Kimball Lane, Suite 200, in the City of Lynnfield , on the 30th day of July 2009, at 3:00 o'clock P.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 The documents and things described in the attached Schedule "A". ... Please call (781) 309-1500 upon receipt of this subpoena. Thank you. Hereof fail not as you will answer your default under the pains and penalties in the law in that behalf made and pr e Dated: July 10, 2009 JoV J. Jaro ak s uire Litchfield Cavo LLP At orneyfor the Defendant(s) 6 Kimball Lane, Suite 200 Address Lynnfield; MA 01940 My Commission s Karsn MD City or Town _ *djlrpsl,�o *Strike out the words"And you are further required to bring with you" unless the subpoena is t }igible things, in which case production of document or tangible things should be designated in the sp ovn EX 1 2013P E pt2rreIT NO. 1 7�30�09 AYAKO ODANAKA SCHEDULE "A" Any and all documents in the witnesses possession, custody or control pertaining, in any way, to property located at 131 Derby Street, Salem Massachusetts and 131 Derby Street Rear, Salem, Massachusetts. ' Date of Service: 07/14/2009 RETURN OF SERVICE I this day summoned the within named THOMAS J. ST. PIERRE, BLDG. COMM. TOWN OF SALEM to appear as within directed by delivering to THOMAS J. ST. PIERRE, BUILDING COMMISSIONER in hand, to wit; No. 120 WASHINGTON STREET, 3RD FLOOR in the ESSEX District of said SALEM an attested copy of the subpoena together with the$9.00 fees for attendance and travel. Service and Travel $28.00 Pd Witness $9.00 ----------------------------------------------- Total $37.00 NOTES/COMMENTS: John Storti Process Server & Disinterested Person DB63855-JAS 0000288559 a CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 April 20, 2005 H..H. Morant & Co. Architects 221 Washington Street Salem, Ma. 01970 RE: 131 Derby Street, Salem, Massachusetts MR. Lutrzykowski: Upon review of your request on behalf of your client Mr. Lewis Legon, relief from the building regulations described in 780 CMR, Sixth Edition 705.3 Opening for the building renovation project at 131 Derby Street, Salem, Massachusetts is hereby denied for non- compliance of above referenced Section 705.3 opening on a your property line setback. Sin ly, Thomas St. Pierre Building Commissioner Zoning Enforcement Officer Rpr 10 06 03: 59p Judith L. Miller 978-745-6020 p. l Don Jansen i Investigation Report Location Date Arrival Time J� 131 Derby St Judy Miller unit 3F,Salem Mass N/A � Incident Sane Commander Other Investigators Investigate problem of nuisance tripping N/A N/A Weather; Dry/cold Reportby Don Jansen Initial Conditions. j Condo unit on Derby St in Salem had recently been converted from apartment. The premises wiring had been updated by an electrical contractor who is no longer working in this area. The client has nuisance tripping of two bed rooms.and had brought it to the attention of the seller(who is also retains interest in the condo association).The wiring inspector reportedly had final inspected as the unit was occupied. I t Description Examination of the premises wiring included physical internal and external examination of a sub panel, electrical testing of receptacles, and examination of several receptacles. The panel is located in the hall adjacent to the bed rooms. No Arc fault circuit breakers are installed(violation of NEC 210.12), the owner indicated that the electrician had problems with them tripping, so the electrician removed them. In addition, the panel had 2 breakers with multiple wires attached (violation of NEC 100). Grounded conductors were observed in two locations to have multiple wires landed on the same screw (violation of article 100). Tightness of the breaker, gound bus, and neutral bus screws was checked and several were found to be loose. Removal of a receptacle indicated that the receptacle was back wired, and the wires were loose (neutral very loose). Examination of several others indicated that they were back wired also. Electrical testing was performed on the receptacles using an Ideal SureTest circuit i analyzer. Every available receptacle was tested and although lone voltage was good, it varied from room to room by several volts(even though panel proximity was not an issue). Voltage drop readings varied between 1.9% for the living room and kitchen to an undesirable 10 4//o for the bedrooms. Bedroom receptacles dip in voltage from 120 to 118 when the lights were turned on and no appliances plugged into the receptacles. Neutral to ground voltage exceeded 4 volts in the bedroom on several receptacles which could indicate an unbalanced system. High neutral to ground impedence was noted. No unusual loads or appliances were observed that could be creating ongoing problems in the condo unit. I Conclusion: Several violations of the NEC and the Ma Electric code were identified. Although no immediate hazard was found,the swap-out of the arc fault breakers and the loose wiring on the receptacles are fire hazards that need to be repaired. The tripping of the arc fault Page ___ of__ Apr 10 06 04: 01p Judith L. Miller 978-745-6020 p. l Don Jansen breakers and subsequent standard breaker tripping may be an indication that the back wired receptacles and/or splices in the circuits may be loose and create hot spots that create an overcurrent condition. The testing indicated the likelihood of high resistance connections,most likely in the receptacles due to the back wiring looseness and branch circuit termination issues. High resistance connections can cause many problems, including heat and fires. Loose wiring is a source of these high resistance connections. Loose wiring can also cause arc fault circuit breakers to trip, as the looseness or high resistance often involves arcing. Recommendations: Replace all of the back wired receptacles. Test the circuit to determine if it has any high resistance between the load receptacles and the breaker, and resolve these issues by remaking the connections with proper continuity. Ensure that the bedroom'circuits are not on a multiwire circuit, as the are fault breaker will not function on a multiwire circuit. Ensure that all multiwire circuits are properly routed and terminated (neutral integrity does not depend on the connection to a device). Inspect all lighting circuits to determine if the circuits are terminated properly. Remove the multiple wires on the two breakers I and either install additional circuit breakers or make an approved splice to allow one wire on the receptacle as the listing requires. Reconnect the neutral (grounded) conductors where they have been improperly landed. Retest the circuits to eliminate or reduce the grounded conductor resistance and improve voltage drop conditions. Y i I i j i i Page_of