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12 FRANKLIN STREET - BUILDING INSPECTION (2) 12 FRANKLIN STREET CITY OF SALEM, MASSACHUSETTS _ BUILDING DEPARTMENT jJG r 120 WASHINGTON STREET,3"°FLOOR eta He TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER June 9, 2008 COPY Byors Family trust 27 Haley Road Marblehead ma.01945-2325 R.E. 12 Franklin Street Dear Trustees: This Department has again received complaints about the condition of your property. The property is overgrown. Under Section 12-56 through 12-60, I am again directing you to clear and remove the overgrowth.. Per the Ordinance, The City will remove the overgrowth if you fail to do so. The city will also issue Tickets if you continue to not maintain your property in the future. If you have any questions, contact me directly. Since y Thomas t.Pierre Building Commissioner/Director of Inspectional Services Cc: Mayors Office,Jason Silva Councilor Prevey Building Commissioner r, 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 November 10, 2004 Byors Family Trust 27 Haley Road Marblehead, Ma. 01945-2325 RE: 12 Franklin Street Dear Trustees: This Department has once again received numerous complaints about the condition of your property in Salem. The property is extremely overgrown and has become a gathering spot for homeless individuals. Under Sections 12-56 Salem Ordinance through 12-60, I am directing you to clear and remove the overgrowth on this property. Per Section 12-58 the City will remove the overgrowth if you fail to do so within 30 days. If you have any questions, please contact me. Thank you in advance for your anticipated cooperation in this matter. r'L 1-,AA4 Thomas St. Pierre Building Commissioner cc: Mayors Office Councillor Bencal enclosures i BUILDING, ELECTRICITY AND PLUMBING REGULATIONS § 12.87 (b) Such notice shall be given to the owner,and of such removal. The director of public property if the owner is not in possession of the property, shall prepare a statement of the expense incurred such notice shall also be given to the lessee, in removing such unsightly condition. occupant or person in possession of the premises (Code 1973, § 7-33) described in the notice. Such notice shall be personally delivered or shall be deposited in the Sec- 12-69. Recovery of costs by city. United States mail at the city, postage prepaid, Under this division, the city may sue in any addressed to the person designated at his last court of competent jurisdiction to recover the known address and if no address is known or costs of removal of any unsightly condition. made known to the director of public property, to (Code 1973, § 7-34) general delivery in the city, and a copy of such notice shall be posted in a conspicuous place upon Sec. 12-60. Right of entry. the structure or improvement. In the absence of It shall be unlawful for any person, owner, fraud, no error or mistake in the sending of the agent of the owner,lessor,or anyone in possession notices or any of them and no failure on the part of any premises within the city to refuse to allow of any property owner or any other person to the director of public property or his agents or receive the notices shall in any wavy affect the employees to enter upon the premises at any time validity of the proceedings, provided the person during the hours of daylight for the purpose of mailing or posting such notice Slee an affidavit of removing any unsightly condition or to interfere mailing or pceting• in any way whatsoever with the director of public property or his agents or employees in any work (c) Within ten days after the date of posting, that he may undertake under this division. publishing,serving,or mailing such notice,which- (Code 1973, § 7-35) ever shall be later, the owner or any person affected by such notice may appeal the order of Secs, 12-61-12-86. Reserved. removal to the city council. Such appeal shall be in writing, shall specifically state the objections, and shall be filed with the director of public ARTICLE M. ELECTRICITY' property and the city council. The city council, upon not less than five days' notice to the appal- DIVISION 1. GENERALLY lant, shall conduct a hearing on the appeal, and notwithstanding any other section of this Code, gee, 12-86. Right of city to place wires on the decision of the city council shall be final and poles meintalned pursuant to per, conclusive for all purposes. mit, (Code 1973, § 7-32) Any permit granted under the provisions of law, this article, or this Code shall be subject to Sec. 12-68. Removal of condition by the city. the right of the city,free of charge,to place its fire alarm,telegraph and police signal wires upon the If the owner, agent of the owner, lessee, occu- poles so permitted to be maintained. pant, or person in possession of property upon (Code 1973, § 11-1) which a notice to remove an unsightly condition has been given pursuant to this division and in Sec. 12-87. Requirements for telegraph,tele- which this determination has not been reversed phone and electric poles. on appeal to the city council fails to remove the unsightly condition within the time specified by All poles for the telegraph, telephone and a n the city council,it shall be the duty of the director tric linea shall be straight, properly trimmed in of public property to remove the unsightly condi- •State law reference—Electricians required to secure bon, anu such persoII shal'. ce liable for the costs state license to perform electrical work, J1.G.LA c. 141. CD12:i § 125 SALEM CODE ing, including the roofing and siding of such, the any unsightly condition commonly referred to as erection of signs or the installation of in-ground or graffiti or any other unsightly condition from such aboveground pools within the city, shall be li- premises. censed to perform such work by the city.However, (Code 1973, 17-31) the owner of a property may execute work on his own properties without a license,but shall obtain Sec. 12-57. Notice to move. the necessary permits to perform the work. (a) Whenever the director of public property (b) A builder's license shall be granted by the becomes aware of the existence of an unsightly inspector of buildings upon documentary evidence condition on any structure or improvement within that the applicant has sufficient knowledge, ex- the city,he shall give or cause to be given notice to perience and ability to perform the work for which remove such unsightly condition therefrom. Such the license is issued.Any application for a license notice shall be in writing,signed by the director of shall be accompanied by a certified check or cash public property, and shall have substantially the for the license fee as follows: following form: (1) General contractor......... $25.00 Notice Tb Remove Unsightly Condition From Struo- (2) Homebuilder ... . .... .. . ... 25.00 tures or Improvements (3) Siding contractor .. .. .. . ... 25.00 To the Owner,Agent of the Owner, Lessee, Occu- (4) Roofing contractor . .. ...... 25.00 pant, or Person in Possession of the Property (5) Building mover. ....... . ... 50.00 Hereinafter Described (6) Building wrecker .. .... . .. . 25.00 YOUR ATTENTION IS HEREBY DIRECTED (7) Pool installer. . . . .... . .. ... 2b.00 to the provisions of Section 12-56 at seq. of the Code of Ordinances,City of Salem, Massachu- (c) No license shall be transferred from one setts, on file in the office of the City Clerk in person to another.A license shall remain effective City Hall. until revoked by the issuing authority for just Pursuant to the provisions of said sections,you cause. are hereby notified that a certain unsightly (Code 1973, $ 7-5) condition exists on premises specifically de- scribed as which injures neigh- Secs. 12.6-12-30. Reserved. boring property and the public health, safety, and welfare.You are therefore notified at once, ARTICLE U. MAINTENANCE OF and in any event within 30 days from the date of this notice, to remove said unsightly condi- STRUCTURES AND PROPERTY tion from the property and thereafter to keep the said property fiee therefrom. DIVISION 1. GENERALLY In the event you fail to complete such work within the time hereinabove mentioned, the Secs. 12-31-12-55. Reserved. undersigned shall cause the same to be re- moved and you will be responsible for the cost DIVISION 2. UNSIGHTLY CONDITIONS of removal of the condition from the property. Dated at Salem,Massachusetts,this Sec. 12-56. Removal required,duty to main- day of tain premises. It shall be unlawful for any person owning, Director of Public Property leasing, occupying, or having charge of any prem- ises w peiadL, nliGlti LG remaln, Olfail LC. remove Supp.No. 1 CD12:6 v .�o CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01 970 s TEL. (978) 745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. USOVICZ, JR. MAYOR zt ®py July 24, 2003 Byors Family Trust 27 Haley Road Marblehead, Ma. 01945-2325 RE: 12 Franklin Street Dear Trustees: This Department has received numerous complaints about the condition of your property in Salem. The property is extremely overgrown and has become a gathering spot for homeless individuals. Under Sections 12-56 Salem Ordinance through 12-60, I am directing you to clear and remove the overgrowth on this property. Per Section 12-58 the City will remove the overgrowth if you fail to do so within 30 days. If you have any questions, please contact me. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Thomas St. Pierre Acting Building Commissioner � + a cc: Mayors Office Councillor Bencal enclosures § 12-5 SALEM CODE ing, including the roofing and siding of such, the any unsightly condition commonly referred to as erection of signs or the installation of in-ground or graffiti or any other unsightly condition from such aboveground pools within the city, shall be li- premises. censed to perform such work by the city.However, (Code 1973, § 7-31) the owner of a property may execute work on his own properties without a license,but shall obtain Sec. 12-57. Notice to remove. the necessary permits to perform the work. (a) Whenever the director of public property (b) A builder's license shall be granted by the becomes aware of the existence of an unsightly inspector of buildings upon documentary evidence condition on any structure or improvement within that the applicant has sufficient knowledge, ex- the city,he shall give or cause to be given notice to perience and ability to perform the work for which remove such unsightly condition therefrom. Such the license is issued.Any application for a license notice shall be in writing,signed by the director of shall be accompanied by a certified check or cash public property, and shall have substantially the for the license fee as follows: following form: (1) General contractor. ... . . ... $25.00 Notice To Remove Unsightly Condition From Struc- (2) Homebuilder . .. . . . . . .. . . . . 25.00 tures or Improvements (3) Siding contractor .. . . .. . . . . 25.00 To the Owner,Agent of the Owner, Lessee; Occu- (4) Roofing contractor . . . .. ... . 25.00 pant, or Person in Possession of the Property (5) Building mover. . .. . . ... .. . 50.00 Hereinafter Described (6) Building wrecker .. . . . . . .. . 25.00 YOUR ATTEN'T'ION IS HEREBY DIRECTED to the provisions of Section 12-56 et seq. of the (7) Pool installer. .. . ... . . . . .. . 25.00 Code of Ordinances, City of Salem, Massachu- (c) No license shall be transferred from one setts, on file in the office of the City Clerk in person to another.A license shall remain effective City Hall. until revoked by the issuing authority for just Pursuant to the provisions of said sections,you cause. are hereby notified that a certain unsightly (Code 1973, § 7-5) condition exists on premises specifically de- scribed as which injures neigh- Secs. 12-6-12-30. Reserved. boring property and the public health, safety, and welfare.You are therefore notified at once, and in any event within 30 days from the date ARTICLE II. MAINTENANCE OF of this notice, to remove said unsightly condi- STRUCTURES AND PROPERTY tion from the property and thereafter to keep the said property free therefrom. DIVISION 1. GENERALLY In the event you fail to complete such work within the time hereinabove mentioned, the Secs. 12-31-12-55. Reserved. undersigned shall cause the same to be re- moved and you will be responsible for the cost DIVISION 2. UNSIGHTLY CONDITIONS of removal of the condition from the property. Dated at Salem,Massachusetts,this Sec. 12.56. Removal required; duty to main- day of tain premises. It shall be unlawful for any person owning, Director of Public Property leasing, occupying, or having charge of any prem- ises to permit, allow to remain, or fail to remove Supp. No. 1 CD12:6 BUILDING,ELECTRICITY AND PLUMBING REGULATIONS § 12-87 (b) Such notice shall be given to the owner,and of such removal. The director of public property if the owner is not in possession of the property, shall prepare a statement of the expense incurred such notice shall also be given to the lessee, in removing such unsightly condition. occupant or person in possession of the premises (Code 1973, § 7-33) described in the notice. Such notice shall be personally delivered or shall be deposited in the Sec. 12-59. Recovery of costs by city. United States mail at the city, postage prepaid, Under this division, the city may sue in any addressed to the person designated at his last court of competent jurisdiction to recover the known address and if no address is known or costs of removal of any unsightly condition. made known to the director of public property, to (Code 1973, § 7-34) general delivery in the city, and a copy of such notice shall be posted in a conspicuous place upon Sec. 12-60. Right of entry. _ the structure or improvement. In the absence of fraud, no error or mistake in the sending of the It shall be unlawful for any person, owner, agent of notices or any of them and no failure on the part the owner,lessor,or anyone f possession of p any p of any property owner or any other person to remises within the city o refuse allow t receive the notices shall in any way affect the the director of public property or his agents or validity of the proceedings, provided the person employees to enter upon the premises at any time during the hours of daylight for the purpose of mailing or posting such notice files an affidavit of removing any unsightly condition or to interfere mailing or posting. in any way whatsoever with the director of public property or his agents or employees in any work (c) Within ten days after the date of posting, that he may undertake under this division. publishing,serving,or mailing such notice,which- (Code 1973, § 7-35) ever shall be later, the owner or any person affected by such notice may appeal the order of Secs. 12-61-12-85. Reserved. removal to the city council. Such appeal shall be in writing, shall specifically state the objections, and shall be filed with the director of public ARTICLE III. ELECTRICITY' property and the city council. The city council, upon not less than five days' notice to the appel- DIVISION 1. GENERALLY lant, shall conduct a hearing on the appeal, and notwithstanding any other section of this Code, Sec. 12-86. Right of city to place wires on the decision of the city council shall be final and poles maintained pursuant to per- conclusive erconclusive for all purposes. mit. (Code 1973, § 7-32) Any permit granted under the provisions of law, this article, or this Code shall be subject to Sec. 12-58. Removal of condition by the city. the right of the city, free of charge,to place its fire alarm,telegraph and police signal wires upon the If the owner, agent of the owner, lessee, occu- poles so permitted to be maintained. pant, or person in possession of property upon (Code 1973, § 11-1) which a notice to remove an unsightly condition has been given pursuant to this division and in Sec. 12-87. Requirements for telegraph,tele- which this determination has not been reversed phone and electric poles. on appeal to the city council fails to remove the A unsightly condition within the time specified by All poles for the telegraph, telephone and elec- the city council, it shall be the duty of the director tric lines shall be straight, properly trimmed in of public property to remove the unsightly condi- *State law reference—Electricians required to secure tion, and such person shall be liable for the costs state license to perform electrical work,M.G.L.A. c. 141. CD12:7 (Citp of 'alem, Aag5arbu5CM6 4N a Public Prupertp Mepartment jguilbing Mepartment One*atem green (97S) 745-9595 (Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer March 24 , 1998 The Byors Family Trust David & Sally Byors Trs . 27 Haley Road Marblehead , Mass . 01945-2324 RE : 12 Franklin Street Dear Mrs . Byors : It has come to the attention of this office that a landscaping contractor is using the property located at 12 Franklin Street for his place of business . It appears he has moved an office trailer on site for use as his office facility . .4 landscaping use is not permitted in a B-5 district . You must cease & desist using said property illegally at once . 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 against you . Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E .Trembla Zoning Enforce ent Officer LET: scm cc : Kevin Daly Councillor Hayes , Ward 6 BURNHAM ASSOCIATES INC. Marine Contractors • Engineers 30 April 1996 Lao Trembly, RE: Zoning Officer 4 April 1996 letter to City of Salem Byors Realty Trust 1 Salem Green Salem, Massachusetts Dear Sir;. The trustees who own the land at 12 Franklin St. have notified us that, on 4 April 1996, you ordered them to stop using that land for industrial purposes. Be advised that the East-erly side of that property has, for decades, been so used (the Westerly half had a multistory warehouse upon it and is not so "grandfathered" ) . You are a new city employee and probably have little knowlege of prior land uses, but you must not, without research, issue illegal orders or make threats to people . In the future, first ask owners if nonconforimg uses are legal under SZO Atricle VIII Sac. 8 . 3 (1 ) & (2) . (3 ) is invalid, since it violates MGL Ch. 40A. sec . 6 (para. 3) . Since this property is next to property owned by us, this Easterly side is handy for our uses and allows the trustees to have an income from it. I trust that you will not again intimidate these trustees nor any others in the city with out cause. You should .apologise to these good people for what you have done. Yours Truly, copies to: councilors:. Francis C. Burnham, corp, n. Trussteestees R. counse 26 Dearborn Street Salem, MAO 1970 -Telephone(617) 745-1788 BURNHAM ASSOCIATES INC. Marine Contractors • Engineers 30 April 1996 Leo Trembly, RE: Zoning Officer 4 April 1996 latter to City of Salem Byors Realty Trust 1 Salem Green Salem, Massachusetts Dear Sir; The trustees who own the land at 12 Franklin St. have notified us that, on 4 April 1996, you ordered them to stop using that land for industrial purposes. Be advised that the Easterly side of that property has, for decades, been so used (the Westerly half had a multistory warehouse upon it and is not so "grandfathered") . You are a new city employee and probably have little knowlege of prior land uses, but you must not, without research, issue illegal orders or make threats to people. In the future, first ask owners if nonconforimg uses are legal under SZO Atricle VIII Sec. 8 . 3 (1 ) & (2) . (3) is invalid, since it violates MGL Ch. 40A. sec. 6 (para. 3) . Since this property is next to property owned by us, this Easterly side is handy for our uses and allows the trustees to have an income from it. I trust that you will not again intimidate these trustees nor any others in the city with out cause. You should apologise to these good people for what you have done. Yours Truly, copies to: ��� councilors, R. Ledoux Francis C. Burnham, corp, n. e Trustees couns . 1 rrS 26 Dearborn Street Salem, MA 01970 fielephone(617) 745.1788 of �ttlrm, massar4usetts Public Prupertg Department Nuilbing i9epnrtment (Ont ttslrm (6rern 508-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer April 4 , 1996 Byors Family Realty Trust David & Sally Byors 27 Haley Road Marti-i-ehead, Mass . 01945 RE : 12 Franklin Street Dear David & Sally: It has come to the attention of this office that you are allowing illegal use of the above mentioned property, by the storing of industrial and construction items on the property located 12 Franklin Street. This property is located in a B-5 District which does not allow the storage of industrial , and or construction equipment . This office is instructing you to cease and desist the illegal use of the property located at 12 Franklin Street at once . Failure to do so will result in legal action being brought against you. Please notify this office within five ( 5 ) days upon receipt of this letter as to what course of action you will take to rectify this situation. Thank you in advance for your anticipated cooperation in this matter . Sincerely, Leo E . Tremblay Inspector of Buildings LET: scm cc: Robert LeDoux Kevin Daly Councillor Hayes , Ward 6 APPLICATION ADULTi NUMBER Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE District Court Department 11-VII i i'I ARREST A HEARING �-1 SUMMONS WARRANT COURT DIVISION i� The within named complainant requests that a complaint issue against the within � named defendant. Charging said defendant with the offense(SI listed below. " 'iV33:1:rt[;tOn Streelt DATE OF APPLICATION I DATE OF OFFENSE PLACE OF OFFENSE . ;; MA 0;970 12/ 15/93 12/14/93 12 Franklin Street NAME OF COMPLAINANT i City of Salem, Inspector of Buildings NO. OFFENSE G.L. Ch. and SeC ADDRESS AND ZIP CODE OF COMPLAINANT Violation City of Salem Burnham Associates, Inc. 1 Zoning Ordinance Art.V,5-2 26 Dearborn Street Salem, Masa. 01970 Uses permitted inP§ 2. District NAME,ADDRESS AND ZIP CODE OF DEFENDANT 3. 4. �y /")< COURT USE A hearing upon this complaint application l OF HEA A Cyy)• COURT USE ONLY— ► will be held at the above court address on — 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,glen,etc. 1 2 3 4 ` OTHER REMARKS: B-5 Illegal use in Residential MrOt District I X . SIGNATURE OF COMPLAINAN j DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME DC CR2 131881 Conservation C®mmiss��ou Salem, _Massachusetts 01970mlc47 •E,.1� �; ' Telephone (617) 748-5056 p�TY p EC w4j 64 F0 June 24, 1982 Mr. Gifford Russell 12 Franklin Street Salem, Ma. 01970 Re: DEQE # 64-66 Proposed Stone Rip Rap and Marine Railway, Salem, MA. Dear Mr. Russell: At this evening's meeting of the Salem Conservation Commission it was voted that items 2 and 3 on Page Three of the Order of Conditions dated May 22, 1981, have been completed to the Commission's satisfaction. Further, the Commission voted to extend the Order of Conditions to May 22, 1983. Sincerely yours, Philip D. Moran Chairman PDM/dey- ! ll..L,INC' '9 :{ 7 JUL 18 8 t,o rim % Salem historical Com is � r SA'L[*P�IMIASS. ONE SALEM GREEN, SALEM. MASSACHUSETTS 01970- 744-4580 + July 18, 1986 , 'I*" Ms. Sally Byors Byors Real Estate 183 Pleasant St.. Marblehead, MA 01945 Dear Ms. Byors: This letter serves as your official notice that at its July 16, 1986 meeting, the Historical Commission voted to waive any demolition delay period and recommended that a demolition permit be issued for the building complex at 12 Franklin St. as shown in red on the attached map. Sincerely, , t Debra Hilbert Preservation Planner cc: William Munroe, Building Inspector 1 _,i,+ '. �IM: 4 __ sr�a, ,_ '�.,H� '# .. -'•e a� ,:.3 ::-,a- .. :,. X03 ��ry 9 3'sC�Gq� 7 'o s N Q 401 49,100-S P 400 lb ``, 402 O� X�3 2/,500 A, So tK 9` 5 O O / 0+ - 0 A9 O / O� alle P 0 6' xis-s 0 Ak 5 \ R \ o \ \ G \ � D \ n, FOSENDER:Complete items 2,and 3. Ao your address s in the "RETURN TO" space on 3reverse. he following service is requested(check one). ❑ Show to whom and date delivered.... . ......_¢ ❑ Show to whom,date,and address of delivery. . 6 EK RESTRICTED DELIVERY Show to whom and date delivered... . . .... . ._¢ ❑ RESTRICTED DELIVERY IT Showtowhom,date,andaddressof delivery.$_ c (CONSULT POSTMASTER FOR FEES) Z 2. ARTICLE ADDRESSED TO: m Franklin Street Trust Laurence Partelow, Trustee mmox 6fvyLMassachusetts 01960 3. ARTICLE DESCRIPTION: m REGISTERED INCERTIFIEDNO. INSUREDNO. 55 0 O 7188778 m (Always obtain signature of addressee or gent) III 0 1 have received the article described 911, . Z SIGNATURE ❑ Addressee 4^uthorized agent C x m 4. DATE PF DELIVERY POSTMARK Z (� O n 5. AD RESS(compiete only it requested) m T m 6. UNABLE TO DELIVER BECAUSE: CLERK'S O � INITIALS D r *GPG'.1977-0-249-595 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS PENALTY FOR PRIVATE USE TO AVOID PAYMENT Print your name,atltlress,antl ZIP CODE in the space below. OF POSTAGE,$300 •Complete items 1,2,antl 3 on Ile reverse. •Moisten gum.ad entls antl attach to front of article if space U.SMAIL y permits.Otherwise aitie to hack of adicle. w� ntlorse article "Refund Receipt Requested adjacent to number. ` f RETURN TO i Franklin Street Trust - Laurence Partelow, (Name of Sender) Trustee{ All —Boy. 606 !v� (Street or P.O. Box) sa Peabody, Massachusetts 01960 { I (City, State, and ZIP Code) " t y ROBERT E. GAUTHIER May 9, 1.980 Franklin Street Trust Laurence Partelo,;, Trustee Box 606 neabody, Massachusetts 01960 RE: 12 Franlclin Street Salem, Massachusetts 01970 Dear Mr. Partelow: At the request of the valem :Fire Department an inspection u7as made at the referenced property on May 9, 1980 in regard to the use of the structure located on said property sho;m as lot 404 on the Salem Assessor's map 26. To the best of our knowledge the structure was used in 1965 as a tannery and would be permitted to continue,eas such under the zoning ordinance, however, any subsequent change in use or occupancy is not permitted without approval. by the . ',hoard-of-A,ppeall'since the parcel is located in an f.-2"Residential Two-Family? sone. ' The :resent storage of materials docs not appear to be directly connected with the tannery industry and is therefore a violation of the Salera Toning Ordinance. You are hereby ordered to discontinue this illegal use of the property. Very truly yours, ROBERT E. GADTHIEJt Zoning 'Gnforcement Officer REG/mfr cc: Mass. ;tate Fire Marshal Department of the Attorney General - Comm. of Mass. Sal= Eire Department City Solicitor Board of Health Salem Conservation Commission CERTIFIED MAIL #k7188778 i DEPT (Lll 1��1 ���Y)l� �Ll�.y}�jt1Gl�LTSf �S 1 2z PM r% Aire 33epurtmentiendqunrtere ,�Y 9 fpo ' <<1 II,(_, 1 U 0 Kafayrite 01rert CSiYLD TTalmo �j. Almillan - . . •'1' ' CITY CTSSAL�wi,t�?dS5 ¢q"f Date) Friday, May 9, 1980=1000hrs.,. Neptune Demolition Corp. < Name : Re : 1.2-14 Franklin St. Salem 12-14 Franklin Street Illegal Storage of Flammables Address : Salem, Mass. 01970 and Hazardous Waste Products. , As a result of an inspection this date of the premises , structure , open land area or vehicle owned , occupied or otherwise under your control , the following recommendations are 'submitted and shall serve a as a notice of violation of fire laws . These recommendations are made in the interest .of fire prevention and to correct conditions that are or may become dangerous as a fire hazard or are in violation of law. You are hereby notified to remedy said violations named below within twenty four hours y of above date,. Such further action will be taken as the law requires , for failure to comply with the above requirements within the stipulated time : (Reference : General Laws of Commonwealth of Massachusetts , Chapter 148 ,. Section 30 ; and the Salem Fire Code Article 1 . ) 1. Storage of approximately 500 drums of C1ass 'A, Class B and/or other hazor. dous waste mater. ials,,lwithout permits and/or license. n 2. Said storage shall be removed within twenty four hours of this notice, under provisions of Chapter 148, Section 5 of the General Laws of the Commonwealth of Massachusetts and the provisions of Section F-140. 0 of the Salem Fire Code. Per 0 der : y �t ��,r�,Jd� Notice Hand Delivered : Lt. David J. Goggin Salem Fire Marshal cc : .Mass. State Fire Marshal Department of the Attorney General Comm. of Massachusetts -Salem Building Inspector Salem Health Department ialem Electrical. Department alem Police Department file cc ; Franklin St. Trust, Owner of Bldg. % Mr. , George Hodsdon P. O. Box 606 Peabody, Mass. Form #25A(9/75) by Certified Mail # P05-03845 1 s Oitljoftt1 o► 1tP # �� � F�R' &lectrick # Paul +A Luttir +1 ufu�cftcS - QqAr - - Salem, .�lftusss. 01970'�9Ss Ares fdolc 617 715-63170 March 8 , 1983 Mr. Gifford Russell 12 Franklin Street Salem , Massachusetts 01970 Re : 12 Franklin Street Dear Mr . Russell : An inspection was made at the above address on Monday , March 7 , 1983 , with you and an electrical contractor . The electrical conditions existing at 12 Franklin Street under your con- trol is creating an unrea.sonable risk of harm to persons invited to use the premises for businesss purposes . There are over a dozen violations of the Massachusetts Electrical Code , Article 300 Wiring Methods . An electrical permit from your electrical contractor will be taken out at this -Office within twenty-four ( 24 ) hours . All electrical defects shall be corrected . Failure to correct violations will result in termination of electrical service. Yours truly , �y Paul M. Tuttle Wire Inspector cc : Fire Prevention Building Inspector Health Department Councillor James M. Fleming Northwood Realty Trust, 12 Franklin St . , Salem , Ma . PMT/m 1��\.'Q w� Y' plauuillg marl nP `^�S�p1Il �J'IPP2l �l j np�r, � G�S� OF May 11, 1981 f-0�4S$. SPECIAL PERMIT WETLANDS AND FLOOD HAZARD DISTRICT Silent Ships , Inc . Mr. Gifford Russell , Trustee ] 12 Franklin Street `J Salem, Massachusetts 01970 On Thursday, November 20, 1980 , the-Planning Board of the City of Salem.held a public hearing regarding the application of Silent Ships, Inc. , for a Special Permit under Section P, Wetlands and Flood Hazard Districts , of the Salem Zoning Ordinance , with respect to the renovation of an existing marine railway at 12 Franklin Street, Salem, Massachusetts . At a regularly scheduled meeting of the Planning Board on May 7 , 1981, the Board voted, by a vote of six in favor, one opposed, to approve the application as complying with the requirements for the issuance of the permit with the following conditions: 1. That all work shall be done in accordance with plan entitled "Renovation of Existing Marire Railway, 12 Franklin Street, Salem , Mass . " Sheets L and 0, prepared by R. L. Mailhoit Assocs . , 194 Oxford Street, Lynn, and dated April 13, 1981. 2 . That appropriate permit be obtained from the Army Corps of Engineers before construction begins- 3. phis order obes not grant any property rights or any exclusive privileges; it does not authoriz any injury to private/public property or any invasion of public/private rights. I hereby certify that a copy of this decision has been filed with the City Clerk, and a copy is on file with the Planning Board. This Special Permit shall not take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed and no appeal has been filed or that if such appeal has been filed , and it has been dismissed or denied , is recorded in the Essex County Registry of Deeds and is indexed in the grantor index under the name of the owner ofrecord or is recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the owner or applicant. WALTER B. POWER III Chairman, Planning Board WBP:; r a ( ,`l �u4�oclar, 'Ell, Ctu of �l.�l`lll, �rl��m�l 1 11A S a ClI=� �� ��n L 411,pall lmlad ��1r ldG�wlrtcr�' IIII RR SII.1\ l6N1!! 4ti 'iGzl('lueltc c lrrct CITY YE.,1) +SS, ]Iil I11L4 i' 11 1,1111:111 (+ Ql;irl :1(P1111 �.f lai 01970 I SAL Ct�411+,P May 8, 19II0 Neptune Demolition Corporation Re: Revocation of Permit 14 Franklin Street Salem, mass. 01970 �i Sir: As a result of an inspection, of the premises located at 12-14 Franklin Street, Salem, Essex County, Massachusetts; ° and the subsequent determination that said, occupancy with the storage of Hazardous Waste Iv;aterials and Class A and Class B Flammables, -is .in violation of the General Laws of the -Commonwealth ' of Massachusetts and the Salem Fire Code , you are hereby notified that ,your welding and cutting permit, issued March 14, 1980, hereby revoked. It has also been :found that you are conducting an occupancy as a repair. garay. , without a. .permit for same and this shall constitute a violation of. -the Salem Fire Code. , All operations of said occupancy are hereby determined to- be constituting a fire hazard and shall cease immediately. ' . Failure to comply with the above requirements, and provisions of the Violation Notice , Form 1f 25A, also issued this date; shall constitute furthur violations and such action as the law requires, shall be taken. Per Orders Lt. David J. GoggiY( Salem Fire Marshal Notice hand delivered: cc: Mass. State Fire marshal Dept, oil' the Attorney General Comm. of Prlass. Salem Building Inspector Salem Health Department Salem Electrical. Dept. Salem Police Department file o of 3ttWrm, Massar4usrtts "o Public Vrupertg Department iguilbing i9epartment (one 6alem (6rern 500-745-9595 text. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer April 4 , 1996 Byors Family Realty Trust David & Sally Byors 27 Haley Road Marblehead, Mass . 01945 RE : 12 Franklin Street Dear David & Sally: It has come to the attention of this office that you are allowing illegal use of the above mentioned property, by the storing of industrial and construction items on the property located 12 Franklin Street. This property is located in a B-5 District which does not allow the storage of industrial , and or construction equipment . This office is instructing you to cease and desist the illegal use of the property located at 12 Franklin Street at once . Failure to do so will result in legal action being brought against you. Please notify this office within five ( 5 ) days upon receipt of this letter as to what course of action you will take to rectify this situation. Thank you in advance for your anticipated cooperation in this matter . Sincerely, Leo E . Tremblay Inspector of Buildings LET: scm CC: Robert LeDOux Kevin Daly Councillor Hayes, Ward 6 Certified Mail # P 921 991 895 i s . I ' - ARTICLE i. 1.+I- • P 921 991 . 895 0 UNE i. i Byors Family Realty Trust NUMBER . I David & Sally Byors { i 27 Haley Road Marblehead, Mass. 01945 • e ,.jjr.:, t FOLD AT PERFORATION t Y WALZ ' INSERT IN STANDARD#10 WINDOW ENVELOPE. C E A i I F I E U 'r M A I L F Aw A� . !8 0 G . PDSTACE RETURN POSTMARK OR DATE SNOW TO WHOM,DATE ANo RESTRICTED w RECEIPT ADDRESS OF DENVERY DELIVERY - 6 SERVICE CERTIFIED FEE+RETURN RECEIPT *r1 �+ 0u Ln `TDTP£POSTAGE AND FEES ... '^� Z W W OVERAGE PRO O- S SENT TO: ^ NOT EOR MTENNATIONALMAIL " LLc:o [SEE ITHER SIM °� Q Z Byors3 Family Realty Trust RIX David 5 Sally Ryors I,Q ti a 27 Haley Road u° Marblehead, Mass. 112995 y= LUX Q W r 4111 �..w,,.. . --.......:_. ..:,._. .. �._._ ..... _.. ....... ........a,�a: p PS FORM 3800 z * RECEIPT FOR CERTIFIED MAIL a f h i 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 of the article,leaving the receipt attached,and present the article at a post office service window or hand in 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 cart],Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.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 r receipt is requested,check the applicable blocks in item 1 of Form 3811. r 6. Save this receipt and present it if you make inquiry. SENDER ' Complete items 1 and/or z for additional services. I also wish to receive the • complete items 3,and as x b, following services(for an extra'fee): • PrinPyour name and address on the reverse of this form so that we can return this card to you. 1. ❑ Addressee's Address • Attach this form to the front of the mailpiece,or on the back if space does not permit. r • Write"Return Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery The date of depuuren.neceip[Fee will provide you the signature of the person delivered to and the Consult postmaster for fees 3.Article Addressed to: - 4a.Article Number P 921 991 895 M"'V: d 4 ball; B f,.r, , 4b.Service Type :7 CERTIFIED ate ofDel' s ,Signature—(Add' ssee) G ryA dress e's dre 2 l6 996 ( NLY if requested ass nd fee paid.) 6.Signature—(Agent) US? PS Form 3811,November 1990 DOMESTIC RETURN RECEIPT United States Postal Service II I I II Official Business PENALTY FOR PRIVATE USE,$300 Illuu��lll�l��lu�llluu�ll�l�ulul���lu�l���ll INSPECTOR OF BUILDINGS ONE SALEM GREEN SALEM MA 01970-3724 CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET, 3"°FLOOR xtn-x TEL. (978) 745-9595 FAx(978) 740-9846 IQMBERLEY DRISCOLL MAYOR THOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER September 15, 2010 Leslie Limon 18 Southwick Street Salem Ma.01970 Dear Ms. Limon, I have answered the question regarding the "Grandfathering" of the building located at 13-15 Franklin Street. . "Grandfathering" of a building is not a process that a building owner comes in and applies for. Mass. State Zoning Law , 40 A, clearly defines that an existing building remains legal when new zoning is implemented. The owner of 13-15 Franklin street did not have to come in and apply for anything to continue using the building commercially. As far as the quantity and type of chemicals being used, that is not a function of the Building Department. Therefore ,I would not be able to determine what quantities and types of chemicals were used in the past or are being used today. The State D.E.P keeps records of"small quantity generators" and perhaps you might want to make an inquiry with the D.E.P. The blocking of a street is never condoned by the City. For questions relating to the blocking of the street I again refer you to the Salem police Department, Traffic Division. Si erely, Thomas St.Pierre Building Commissioner cc. Jason Silva,Beth Rennard ,David Greenbaum,