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14 FRANKLIN STREET - BUILDING INSPECTION (2) Li universal® u ,2 �oL�� Z 1 4 Citp of balem, f ag!6atbuattg 3public Propertp Mepartment �Builbing �Departtnent (One balem Oreen (978) 745-9595 ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer June 12, 2000 Craig C. Burnham 26 Dearborn Street Salem, Ma. 01970 Dear Mr. Burnham: Thank you for your recent undated letter which was hand-delivered to my office. I am advised by the City's Attorneys that your letter does not meet the formal requirements of a written complaint as provided by state statute and city ordinance. For example, not only was it undated,but since I am required to file the written complaints within the individual files, you must send a separate complaint for each property. When I receive from you, or any person, a formal written complaint which states fully the causes and bases thereof, I shall take the action required of me. Accordingly, I am returning to you the photographs enclosed with your previous letter so that you may re-send them with individual letters if you which. *Sinceret Building Inspector BURNIIAM ASSOCIATES INC. Dredging&Marine Contractors Zoning Enforcement Officer One Salem Green Salem, MA 01970 Re: Request for Zoning Enforcement Dear Mr. Strout, You and your office, through Attorney Kevin Daly, are currently prosecuting my business and me over the existence of trailers at our business location, 14 Franklin Street. In the civil case pending in Land Court (Misc. Case No. 238654), Chief Justice Kilborn Ruled that the City of Salem Zoning Ordinance prohibits the placement of buildings or structures known as "trailers" on property in the City of Salem (with the exceptions set forth in Section 7-1, not applicable here). I am aware of the existence of many other trailers in the City of Salem,which according to Judge Kilborn also violate the Zoning Ordinance. These trailers and businesses continue to operate without harassment. I therefore feel that I am the victim of selective enforcement by your office. You can, however, prove me wrong by equally enforcing the trailer section of the zoning ordinance against these other trailers. Therefore, pursuant to Massachusetts General Laws chapter 40A., as a resident and taxpayer of the City of Salem I request that you, in your capacity as zoning enforcement officer, enforce Section 7-1 of the City of Salem Zoning Ordinance by shutting down the businesses and causing to be removed the trailers identified below and in the enclosed photographs. As you are aware, if you fail to act within 14 days, an enforcement action may be brought against you to compel this action. The trailers, which are in violation of the zoning ordinance, (and, upon information and belief, their owners or operators) are located at the ten addresses indicated on each of the photocopies enclosed. I look forward to your prompt response to this formal request for zoning enforcement. Sinc Craig . Burnham, Pres. Burnham Associates, Inc. cc: Mayor enclosures 26 Dearborn Street Salem, MA 01970 Telephone (978) 745-1788 Fax (978) 741-1984 tF ° rt �. • S R Y.•" k j 7 VS w x a.". w F�kt $[ � . itw+; �1_.. ....�� ®...man++rm•..msm wrnrm�- a{ • 9p � g [+u dE'sN'-v+t of-.,y 6 .. ££w6iwM J� �Y+' . • _ '.hi. iK'5� m.�s�y�NY. � ^n x •� ¢ y � 4 Mme^ ^J•. . , a w '1 _ ,. FS�x � � &� 3 •. ;� TM a .F v � r�,,. �,,JK�°s.�t Jc. Y'4•' z�..i{.a�R"a^..x .�• �w a'+�' �- w '`•« Y � • ir��,�xs�g� *++ +u vx��>.b.'�' xd* ++�R94 •'ak+syGn� � �;+� i �,.,. � � k Fav -' k` .r .� �.-.c � "Y 3�r^" zv $r w .yA . `x.. X°yy.p� n.. .♦x r'+ .. a7-, 'r .a.Ns ,. - ' n MXryy r '{f .�„ •Y.4v}�"yam i".. ; � +`y.• h d,,. '� .,,� ` - 1 .e _ ►;t is i��►o� ` u � . All Aa PM �' � i •�.. iRi¢0 r� i i��� -. w.saeVRs.�'n�` a ka Mi k�s� �n_ .:: v� .f ' .w".. r +. _ _ � � •-"'+" •-.w'. — ��,.. 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Tuttle, City Electrician City of Salem 44 Lafayette St. Salem, MA 01970 RE: 14 Franklin St . Dear Mr. Tuttle: Relative to Mr. Burnham' s property on 14 Franklin St . I am in receipt of copies of your letter to Mr. Burnham of September 28, 1999 and Mr. Burnham' s letter to you of October 8, 1999. As you may know, the City is engaged in extensive litigation with Mr. Burnham relative to the legality of his structures at 14 Franklin St . . We are in both civil and criminal court seeking fines . I am representing the City in most of these matters . As Attorney �for the City of Salem it is my legal advice to you to issue permits only for electrical items which have been deemed legal. The storage containers at 14 Franklin St. , the two office trailers and the warehouse at the site have been deemed illegal and are the subject of court action. It is my legal advice that you do not issue permits for electricity into these structures until final court rulings are made . It has been my experience that Mr. Burnham will argue that you have ruled the structure legal if you grant electrical permits . On September 28, 1999 you were correct to advise Mr. Burnham to remove all wiring violations. Your order should be obeyed by Mr. Burnham and his attorneys should seek a court order as to the legality of the storage containers, the trailers and the warehouse . Please call me should have any questions in this regard. Thank you for your attention to this matter. Very truly yours, KEVIN T. DALY KTD/rms CC: Peter Strout, Building Inspector y V ` �t'� `-'� / dU � �_ . . THE COMMONWEALTH OF MASSACHUSETTS ESSEX, SS TRIAL COURT DISTRICT COURT DEPARTMENT SALEM DIVISION NOS . 9736CR3446 9736CR3449 C ONLMONWEALT H ) v5 . ) CRAIG C. BURNHAM, TRUSTEE) DEFENDANT ) AFFIDAVIT OF LEO E. TREMBLAY Now comes Leo E. Tremblay who deposes and states as follows : 1 . I, am presently employed as the Building Inspector and Zoning Enforcement Officer for the City of Salem. 2 . ' As such I properly notified the Defendant in the above named matters of the violations alleged therein. 3 . When said violations were not corrected I commenced proceedings in Salem District Court . 4 . After filing applications for complaints and after giving testimony before a clerk magistrate, I signed the original complaints in these matters . S . I signed these complaints after they were completed. I signed them on Friday, January 2, 1997 . Prior to the affixation of the signature of an assistant clerk, I obtained photo copies of these complaints and delivered them to Attorney Kevin T. Daly. Signed under the pains and penalties of perjury. Dated: March 3, 1998 Leo E . Tremblay a.f'_ec BURNHAM ASSOCIATES INC. Dredging&Marine Contractors Peter Strout Building Commissioner City of Salem September 4, 1999 One Salem Green Salem,MA 01970 RE: 14 Franklin Street Dear Mr. Strout, We are in receipt of your letter concerning code violations that relate to fire safety and electrical use. We will be pleased to meet with you at 14 Franklin Street to perform finiher inspections pursuant to your capacity and will make every effort to bring into compliance those areas that you may find to be a problem. As you are no doubt aware,we requested of your predecessor, Mr. Tremblay, a final inspection relevant to an occupancy permit for the existing structure at 14 Franklin Street. The subject structure is currently under a stop work order issued by Mr. Tremblay, on December 9, 1996. It remains our position that we request of your office all inspections that currently are yet to be accomplished. It is our sincere hope that you will oblige us in our efforts to obtain our necessary permits in order that our administrative offices and other B-5 zoned uses may yet enjoy the structure. We look forward to learn your position regarding this matter. Since , Craig . Burnham, pres. Burnham Associates,Inc. Cc: Keith Kauppila Paul Shaw John Fitzpatrick Mayor Usovicz 26 Dearborn Street Salem, MA 01970 Telephone(978) 745-1788 Fax(978) 741-1984 Cftp of 6alem, 1flaggarbugett!5 Public Propertp Department �3uilbing Department One.4oatem Oreen (976) 743-9595 Cxt. 360 Peter Strout Director of Public Property �Opn /� Inspector of Buildings V Zoning Enforcement Officer September 2, 1999 Craig C. Burnham Burnham Associates, Inc. 26 Dearborn Street Salem, Ma. 01970 RE: 14 Franklin Street Dear Mr. Burnham: As a result of my inspection of the above mentioned property on August 25, 1999, I found code violations that relate to fire safety and electrical violations. I need to inspect the property with an inspector from the Salem Fire Prevention and Electrical Department to identify these problems and how to arrive at a solution. This inspection has to take place immediately in order to maintain the public safety according to 780 CMR, Section 118.1, Unlawful Acts. Please contact my office as soon as possible to set a time for this inspection. Sincerely, Pet out Building Commissioner Cc: Mayor Usovicz Kevin Daly William Lundregan Oo-vaof-TwYW4� -O&rdatio~a"dl�t�izda�da d4(f dg&&o ic'ri0"ddi� y ARGEO PAUL CELLUCCI �f2� 7�[IiLldl7i`7 � GA- -,of v 430/ KENTARO TSUTSUMI Governor G�Bao�oiu d(' r(G[l iPiGlO'02708 Chairman KATHLEEN M.O'TOOLE THOMAS L.ROGERS Secretary Administrator TEL: (617) 727.7532 FAX: (617) 227-1754 May 1, 1998 Mr. Craig C. Burnham Burnham Associates Inc. 26 Dearborn Street Salem,MA. 01970 Re: Docket#97-024 14 Franklin Street Salem.Ma. Dear Mr.Burnham: On February 25, 1997 the above docket number was heard by the State Board of Building Regulations and Standards-Board of Appeal. At that time the Board continued this case until such time as the Zoning matters on this location were resolved. On March 27, 1997 you notified this Board that you would advise the Board after April 16, 1997 of the Zoning determination. As of this date,May 1, 1998 this Board has had no correspondence from you regarding this matter. Please notify this Board by return mail on the status of this matter. Very truly yours, STATE BUILDING COD PPEALS BOARD L� atriciaA. Brennan, Jerk. Program Manager cc: Mr. Leo Tremblay,Building Inspector t� CP!MINAL COMPLAINT COURT DIVISION Trial Court of Massachusetts NAME,ADDRESS AND ZIP CODE OF DEFENDANT District Court Department SALEM FNAnk %h jtre,f c�e.lyyr-rmii— -I Craig C. Burnham�Tr0 the TO ANY JUSTICE OR CLERK-MAGISTRATE 93 Orne St . OF THE DISTRICT COURT DEPARTMENT: Salem,MA. 01970 AW The undersigned complainant, on behalf of the L J Commonwealth,on oath complains that on the date and at the DEFT.DOB AND SEX OFFENSE CODE(S) location stated herein the defendant did commit the offense(s) N/A 999 ,998 listed below. DATE OF OFFENSE(S) PLACE OF OFFENSE(S) Diverse 14 Franklin St . Salem COMPLAINANT POLICE DEPARTMENT(it applicable) Leo Tremblay civ Com Salem DATE OF COMPLAINT RETURN DATE AND TIME 12/17/97 1/3/98 at 9:00arr PtdI COUNT OFFENSE A.ILLEGALLY PARKING STORING OR OCCUPYING A TRAILER ART.VII,SEC.7-1 The defendant is parking , storing , or occupying a trailer at 14 Franklin St . in violation of the City of Salem Zoning Ordinance Art .VII , sec.7-1 COUNT OFFENSE B.ILLEGALLY PA RING STORING OR OCCUPYING A SECOND TRAILER ART.VII ,SEC 7=1 the defendant is parking , storing, or occupying a second trailer at 14 Franklin in violation of the City of Salem Zoning Ordinance Art .VII , sec.7-1 COUNT-OFFENSE COUNTOFFENSE COMPLAINA SWORN TO BEFORE CLERK-MAGISTRATElA55T.CLERK oN(DATE) ADDITIONAL X X ATTACHED FIRST JUSTICE COURT ADDRESS Samuel oll 65 Washington St . ATRUE CLERK-MAGISTRATEIASST.CL RK ON(DATE) Salem,NA. 01970 COPY y ATTEST X Cr`3- trial mourn of Ivlassacnusects ;A NAME.ADDRESS AND ZIP CODE OF OEF NDA' S- District Court Department1pt SALI.M FrArticll h 5tr:e7 �cv?/fy J'rrst, aha Craig C. Burnham , TO ANY JUSTICE OR CLERK-MAGISTRATE 93 Orne St . OF THE DISTRICT COURT DEPARTMENT: SaT_em,MA. 01970 The undersigned complainant, on behalf of the L J Commonwealth,on oath complains that on the date and at the DEFT.DOB AND SEX OFFEYGE CODES) location stated herein the defendant did commit the offense(s) 999 ,998,997 listed below. DATE OF OFFENSE(S) PLACE OF OFFENSES) 14 Frankl.`.n. St . COMPLAINANT POLICE DEPARTMENT(ilappAr.We) T AV I Ci.v Com Salem DATE OF COMPLAINT RETURN DATE AND TIME at 9 :00art Pig COUNT OFFENSE ec.119.1 the defendant is illegally us!.ng and occupying a building without a certificate of occupancy. Mass state Bldg code sec.119. 1 COUNT OFFENSE Ek FATITTRE TO NOTIFY OFFICIALS F COMPLTION F BUILDING SEC.111.3 `.he defendant did fail to notify officials upon compltion of a building Mass. state Bldg code Sec .111 .3 COUNT OFFENSE WITHOUT A CERTIFICATE OF OCCUPANCY Sec-10-1 the defendant is illegally using and occupying a building without a certificate occupancy City of Salem Zoning Ordinance Art.X Sec.10-1 COUNT-OFFENSE COMPIAINA T SWORN TO BEFORE CLERK-MAGISTRATEIASST.CLERK ON(DATE) ADDITIONAL X X COUNTS ATTACHED FIRST JLMTICE COURT ADDRESS .qAmlipl 7,0111 65 Washington St. ATRUE CLERK-MAGISTRATE/ASSTCOPY . RK ON(DATE) Sa.lem,MA. 01970 ATTEST. X - E DC-CR 1 (17195) (fitu of i9rttlem, Massar4usetts Public Propertg i3epartment ` l Nuilaing Department (One 6alem Breen 508-745-9595 Ext. 388 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer April 28 , 1997 Craig C. Burnham Trustee , Franklin St . Ry . Tr . 93 Orne Street Salem, Mass . 01970 RE : 14 Franklin Street Dear Mr. Burnham: It has come to the attention of this office that you are illegally using trailers at the above mentioned property to operate a businesses out of . In order for the use of office trailers on a temporary status to operate a business out of, you must apply to the City of Salem Board of Appeals to acquire a Special Permit . We have no records of you doing so . You must cease & desist the use of the office trailers at once and file proper application with the City of Salem Board of Appeals to acquire a Special Permit for the use of office trailers ; per Article Vll , Section 7-1 , trailers,of the City of Salem Zoning Ordinance . ( Copy enclosed ) . Please contact this office upon receipt of this letter to inform us as of your course of action in this matter . Failure to do so within fifteen ( 15 ) days will result in court action being taken against you . Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E . Tremblay Zoning Enforcemen Officer LET: scm cc : Kevin Daly Councillor Hayes , Ward 6 SUPPLEMENTARY REGULATIONS SALEM ZONING ORDINANCE Art.VII, 3 7.2 ARTICLE VII. SUPPLEMENTARY service station shall conform to the more restric- REGULATIONS tive dimensional requirements. (1) Every automobile service station shall have Sec. 7.1. Trailers. a minimum lot width of one hundred twenty (120)feet and a minimum lot area of twelve 4 (a) No person shall park, store or occupy a thousand (12,000) square feet, plus an ad- trailer for living or business purposes within the ditional two thousand(2,000)square feet of City of Salem, except: lot area and an additional twenty (20) feet 3 (1) The owner of residential premises may of lot width for every two(2)pumps and one permit occupancy of such premises by non- (1) service bay in excess of four (4) pumps paying guests using a trailer for a period and two (2) service bays. Duplex pumps not to exceed twenty (20) days. A special and/or hoses that are covered or enclosed in permit for this purpose must be obtained a single housing shall be counted as two(2) from the inspector of buildings before the pumps. " land can be so occupied. No more than one (2) Every structure erected for use as an auto- (1) trailer is permitted with any one(1)res- mobile service station shall have a min- _•. idence or lot. imum setback from the street right-of-way (2) A temporary office incidental to construc- of forty (40) feet and a minimum setback tion on or development of the premises on from all property lines of ten (10) feet. All which the trailer is located shall be per- pump islands shall be set back a minimum mitted. of fifteen (15) feet from all property lines. (b) In neither case enumerated in subsections (3) All vehicle service areas shall be con- (a)(1)and(2)shall the trailer be connected to public structed to conform to the following stan- water or sewer facilities. Trailers used as tempo- dards: rary construction offices may be connected to tele- a. A curb six (6) inches high and six (6) phone and electric facilities. inches wide shall be provided along all (c) Dead storage and/or parking of trailers will property lines abutting street rights-of- be permitted in accordance with the following pro- way, except for portions used for driveway entrances. visions: b. The entire area used for vehicle ser- (1) Such stored trailers shall not be used for vice shall be paved,except for such area living occupancy, except as stipulated in as is landscaped and considerably pro- subsection (a)(1) above. tected from vehicle use by a low bar- (2) Trailers shall not be stored in any front rier. yard. If stored in any side or rear year, the c. Hydraulic hoists, pits and lubricating, trailer shall not be placed closer than ten greasing, washing and repair equip- ment shall be entirely enclosed within (10) feet from any lot line or within five(5) a building. feet of any building on an adjacent lot. d. The width of driveway entrances shall be not more than twenty-four(24)feet. Sec. 7-2. Automobile service stations. e. The angle of intersection of the driveway with the street shall be not Any automobile service station or gasoline more than sixty (60) degrees. Filling station in any district shall conform at least f. The distance from any driveway to any to the following regulations. Where the density side property line shall be not less than regulations for any district in which an automo- twenty (20) feet. bile service station is located are more restrictive g. The distance between curb cuts shall than the regulations contained hereinafter, the be not less than forty (40) feet. 27 APpP_'V�. TION n ADULT NUMBER Trial Court of Massachusetts . FO ' PLAINT O JUVENILE District Court Department ❑ AN EST HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Cut"coon named defendant, charging said defendant with the offense(s) listed below. DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 6/17/97 4/28/97 14 Franklin Street NAME OF COMPLAINANT City of Salem Zoning Officer NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT City of Salem Zoning One Salem Green �' Ordinance Salem, Mass. 01970 Section 7-1 Trailers -�. ._-- _ _._-__ 2 NAME,ADDRESS AND ZIP CODE OF DEFENDANT Craig C. Burnham Trustee, Franklin 5"t R1y. Tr. 3. 93 Orue St. Saleit'-_ Masa. 01970 4. COURT USE I A hearing upon this complaint application --D^y EOFHEARING TIMEOFHEARING URT USE ONLY will be held at the above court address on <Itt h4 1'7119Z AT lf`vU/1'/w, ONLY CASE PARTICULARS —'BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE O LLED 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: Failure to comply to Zoning Officers request. X SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT I WEIGHT EYES HAIR OCCUPATION EMPLOYER/SCHOOL MOTH ER'S NAME(MAIDEN) FATHER'S NAME n O 3 .D Z D Z 1 N O O v DC-CR2(3188) COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT NO. 96-9703-B CRAIG C. BURNHAM, individually and as ) trustee of the Franklin Street Realty Trust, and ) BURNHAM ASSOCIATES, INC. ) Plaintiffs ) V. ) CITY OF SALEM, MASSACHUSETTS, LEO E. ) TREMBLAY, individually and as inspector of buildings ) of the City of Salem, and NEIL J. HARRINGTON, ) individually and as Mayor of the City of Salem, ) Massachusetts ) Defendants ) PLAINTIFFS' FIRST REQUEST FOR PRODUCTION OF DOCUMENTS TO DEFENDANT CITY OF SALEM Pursuant to Mass. R. Civ. P., Rule 34, the plaintiffs request the defendant City of Salem file a written response to this request and produce the following documents for inspection and copying at the office of counsel for the plaintiff This request is to be construed as continuing and therefore requires supplemental responses to the extent required by Mass. R. Civ. P. 26(e). In the event the defendant asserts a claim of privilege as to any requested document, each such privileged document should be individually identified. including the date the document was prepared, the author of the document, the number of pages, the addressee of the document, the present location 1 of the document and the substance of the communication or document to the extent that it is not privileged. Definitions "Document" refers to any writing, graphic matter or electronically or photographically recorded item, including notes, correspondence, inter- and intra-office communications, circulars, announcements, directories, filings, agreements, reports, studies, work records, notebooks, diaries, minutes, calendars, schedules, accounts, journals, ledgers, statements, sound recordings, electronically retrievable data or other form of memorializing information in the possession, custody or control of the defendant or known to the defendant wherever located, however reproduced, including draft and final versions. "Statement" includes documents, as defined above, and any recitation of facts recorded by any means. "Correspondence" includes all recorded communications of any kind, written or electronic, including letters, notes, memoranda, voice messages and all other means of recorded or memorialized communication. "And" and "or" shall, where the context permits, be construed to mean "and/or." "Person" means any natural person, corporation, association, firm, partnership or other business or legal entity and officers, employees, agents, attorneys and representatives of such entities, as the context requires. "Amended complaint" refers to the complaint filed in Essex Superior Court on August 16, 1996, docket number 96-97036. "The City" refers to the City of Salem and all subdivisions, offices and departments thereof. "Burnham" refers to Burnham Associates, Inc. Request for Documents 1. All documents which relate or refer to facts and circumstances surrounding the removal of Burnham's moorings from the North River in December 1992. 2. All documents which relate or refer to facts and circumstances underlying the first criminal complaint, docket number 9236 CR 4715, alleging a failure to obtain mooring permits and zoning violations against Burnham Associates in October 1992. 3. All documents which relate or refer to facts and circumstances surrounding the denial by the Building Inspector of the building permit for an office building at 14 Franklin Street on or about April of 1993. 4. All documents which relate or refer to facts and circumstances surrounding the refusal of the building inspector to sign off on Burnham's waterways license in 1993. 5. All documents which relate or refer to facts and circumstances surrounding , allegations by the Conservation Commission that Burnham was altering a wetland in,January 1994. 6. All documents which relate or refer to the placement of jersey barriers by the City Engineer on Burnham's property at 70A North Street on or about June of 1996. - 3 - 7. All documents which relate or refer to the denial of the occupancy permit by the Building Inspector for 14 Franklin Street on or about June, 1996. 8. All documents relating or referring to Burnham's "zoning violation of encroachment" on or about March 1994. 9. All documents relating or referring to Burnham's storage of a dredging pipe on 12 Franklin Street on or about April 1996. 10. All documents relating or referring to the City's refusal to conduct an electrical inspection at Burnham's property on or about September 1993. 11. All documents relating or referring to the City's refusal to repair a broken water corporation at 14 Franklin Street on or about July 1996. 12. All documents relating or referring to any "illegal use" of property by Burnham. 13. All documents relating or referring to any violations of city zoning by Burnham. 14. All zoning ordinances applicable to property at 14 Franklin Street and 70A North Street in effect from 1991 to the present. 15. All rules, regulations or ordinances governing the issuance of building permits, occupancy permits, waterways licenses and mooring permits including, but not limited to, any documents detailing requirements for issuance of permits and bases for denial of permits. 16. All documents memorializing or in any way recording or reflecting any words, statements, declarations. conversations or other communications by Craig Burnham, Francis Burnham or employees or agents of Burnham Associates regarding any of the allegations in the amended complaint. - 4 - 17. All memoranda or internal correspondence by any agent, employee or elected or appointed official of the City of Salem concerning Burnham Associates, Craig T Burnham or Francis Burnham or their conduct of a marine contracting business at 14 Franklin Street, Salem. 18. All documents relating or referring to the City's desire to acquire waterfront properties within the City of Salem. 19. Any drawings, plans or blueprints relating to proposed developments of waterfront property on the North River. 20. Any and all documents memorializing or in any way recording or reflecting any complaints received by the City referring or relating to Burnham's property or conduct of business within the City of Salem. Craig Burnham, P intiff BY: PAUL W. SHAW B.B.O. 455500 HEATHER L. OVERHOLSER B.B.O. 627572 Schwartz, Shaw & Griffith 30 Federal Street Boston, MA 02110 (617) 338-7277 June 2, 1997 - 5 - - COMMONWEALTH OF MASSACHUSETTS LAND COURT �� DEPARTMENT OF THE TRIAL COURT Esse'x�� v ss LAND COURT CIVIL ACTION Craig C. Burnham, Trustee of the Franklin Street No. 238654 Realty Trust and llurnh= ARRQQiQtQR Ina Plaintiff(s) Gary M. Barrett, Joseph J. Ywuc, Nina V. Cohen, Arthur Labrecque, Richard Dionne, Albert C. Hill, and Paul Valaskatgis, Individually and as they constitute the Board of Appeal of the City of Salem, City of Salem Defendant(s) and Leo E. Tremblay, Inspector of Buildings and Zoning Enforcement Officer of the City of Salem SUMMONS AND ORDER OF NOTICE To the above-named Defendant: Leo E. Tremblay, Inspector of Buildings and Zoning Enforcement Officer of the City of Salem You are hereby summoned and required to serve upon Keith W Kauppila plaintiff's attorney, whose address is One Winthrop Sq. Boston, MA 02110 an answer to the complaint which is herewith served upon you, within 20 days after service of this summons upon you, exclusive of the day of service. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint. You are also required to file your answer to the complaint in the office of the Recorder of this court at Boston either before service upon plaintiff's attorney or within a reasonable time thereafter. Unless otherwise provided by Rule 13(a), your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiff's claim or you will thereafter be barred from making such claim in any other action. WE ALSO NOTIFY YOU that application has been made in said action, as appears in the complaint, for a preliminary injunction and that a hearing upon such application will be held at the Land Court in said Boston on Wednesday the twenty-first day of May A.D. 19-21, at ten o'clock A.M., at which you may appear and show cause why such application should not be granted. Witness, Peter W. Kilborn , Chief Justice, at Boston, the sixteenth day of May , in the year of our Lord one thousand nine hundred and ninety-seven. q "RUE � PY,A�t1 6 7 1 s� DEPU �3ERI 'E W Y e r er. NOTES. 1. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. 2. When more than one defendant is involved, the names of all defendants should appear in the caption. If a separate summons is used for each defendant, each should be addressed to the particular defendant. ATRURCOOn A'TTM FORm LCS-6(5183) - 441 ,v ° .J FlECOPI)ER PROOF OF SERVICE OF PROCESS I hereby certify and return that on 19_, I served a copy of the within summons and order of notice, together with a copy of the complaint in this action, upon the within named defendant, in the following manner (See Mass. R. Civ. P. 4 (d) (1-5) Dated: 19— N.B. TO PROCESS SERVER: - PLEASE PLACE DATE YOU MAKE SERVICE ON DEFENDANT IN THIS BOX ON THE ORIGINAL AND ON COPY SERVED ON DEFENDANT. 19 m w 40 a A U z w z F az z > z o H O ' a c o o w z Hro x z y w o C � U a z a o a 0 U COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT ESSEX, ss. MISCELLANEOUS CASE NO. a3laGS4 ) CRAIG C. BURNHAM, TRUSTEE OF THE ) FRANKLIN STREET REALTY TRUST and ) BURNHAM ASSOCIATES, INC. , ) Plaintiffs ) V. ) GARY M. BARRETT, JOSEPH J. YWUC, ) NINA V. COHEN, ARTHUR LABRECQUE, ) RICHARD DIONNE, ALBERT C. HILL, ) and PAUL VALASKATGIS, Individually ) and as they constitute the BOARD ) OF APPEAL OF THE CITY OF SALEM, ) CITY OF SALEM, and LEO E. TREMBLAY, ) INSPECTOR OF BUILDINGS and ZONING ) ENFORCEMENT OFFICER OF THE CITY ) OF SALEM, ) Defendants ) PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION Plaintiffs move for a preliminary injunction enjoining Defendants City of Salem and Building Inspector of the City of Salem from interfering with Plaintiffs' conduct of its marine contracting business at 14 Franklin Street, Salem, Essex County. As grounds, the marine contracting business was ruled to be a valid prior non-conforming use of the property by Judgment of the Land Court dated November 7, 1994. Exhibit A. That dispute involved not only Plaintiffs' right to conduct the business, but also entitlement to erect a building on the property. Prior to construction of the building, business on the property was conducted from an office trailer. The dispute in the present case centers on the use and validity of the building erected on the property, for which an occupancy permit has not issued. Plaintiffs are therefore required to continue to use an office trailer until this case is resolved. The City of Salem Building Inspector has already attempted to terminate electric service to the entire property, which would shut down the marine contracting business. The Building Inspector now threatens to bar Plaintiffs from use of the office trailer. Exhibit B. This would, again, have the effect of shutting down the business which was previously ruled to be valid. Plaintiffs stand a likelihood of success on the merits because use of an office trailer on the property is a part of the prior non-conforming use ruled to be valid by Judge Peter Kilborn in the November 7, 1994 Decision and Judgment. Plaintiffs will suffer irreparable harm if the relief is not granted because the business will be shut down with no place to operate from, thereby making existing contracts impossible to complete and displacing several employees. The City of Salem will suffer no harm by grant of the injunction; to the contrary, granting the injunction will only maintain the status quo until a decision on the merits. The balance of the likelihood of success, Plaintiffs' potential irreparable harm, and lack of harm to the City of Salem weigh completely in Plaintiffs' favor. For the foregoing reasons, Plaintiffs respectfully request that the Motion for Preliminary Injunction be allowed, and that Defendants City of Salem and Building Inspector City of Salem be enjoined from interfering with Plaintiffs' conduct of its marine contracting business in accordance with the following Prayer for Relief. In further support, Plaintiffs rely upon their Verified Complaint, which is incorporated herein. PRAYER FOR RELIEF: That Defendants City of Salem and Leo E. Tremblay, Inspector of Buildings and Zoning Enforcement Officer of the City of Salem, their agents, servants and employees be enjoined from interfering with Plaintiffs' marine contracting business at 14 Franklin Street, Salem, Essex County, and more particularly from interfering with Plaintiffs' use of an office trailer at that location. PLAINTIFFS, By their attorney, W. Ke/ft W. Kaupp, a BBOT 542086 One Winthrop Square Boston, Massachusetts 02110 (617) 695-9092 Dated: May 16, 1997 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT MISCELLANEOUS CASE NO. 192580 CRAIG C. BURNHAM, TRUSTEE OF THE FRANKLIN STREET REALTY TRUST and BURNHAM ASSOCIATES, INC. , Plaintiffs VS . CITY OF SALEM and LEO E. TREMBLAY, INSPECTOR OF BUILDINGS OF THE CITY OF SALEM, Defendants J U D G M E N T This action was tried and a decision of today' s date was rendered. In accordance with that decision it is ORDERED and ADJUDGED that plaintiffs' marine contracting business is a valid prior non-conforming use to the extent carried n within plaintiffs' property at 14 Franklin Street, Salem, including activities within the sidelines extended offshore. Plaintiffs' activities outside the sidelines are not such a use . No injunctions are necessary, except that I do order that the Building Inspector not, for the` alleged reason that the-marine contracting-business is-il-legal,_withhold-either: -1)approval of Cplaintiffs'�application for a building_permit_ .for the office' building described,in the_dec.ision, or 2') completion of`the-seawall application.`Plaintiffs have not shown any monetary damages and so I dismiss Count V. I find that Section 8-3 (3) of the Zoning Ordinance is invalid to the extent that it disqualifies uses discontinued for less than two years. By the Court . (Kilborn, J. ) Attest : Charles W. Trombly, Jr. Recorder Dated: November 7, 1994 Titg of *alem, massmr4usetts Public Prupertg Department iSuilbing Department (Ont 6altm Queen 508.745-9595 Ert- 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer April 28, 1997 Craig C. Burnham Trustee, Franklin St. Ry. Tr . 93 Orne Street Sa.hem . Mass.. O.L9.70 Rt 14 Franklin Street Dear Mr. Burnham_ It has come to the attention of this office that you are illegally using trailers at the above mentioned property to operate a businesses out of. In order for the use of office trailers on a temporary status to operate a business out of, you must apply to the City of Salem Board of Appeals to acquire a Special Permit. We have no records of you doing. so. You must cease & desist the use of the office trailers at once and file proper application with the City of Salem Board of Appeals to acquire a Special Permit for the use of office trailers; per Article V11 , Section 7-1 , trailers,of the City of Salem Zoning Ordinance . (Copy enclosed) . Please contact this office upon receipt of this letter to inform us as of your course of action in this . matter. Failure to do so within fifteen ( 15 ) days will result in court action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay Zoning Enforcemen Officer LET: scm cc: Kevin Daly Councillor Hayes , Ward 6 BURNHAM ASSOCIATES INC. Marine Contractors • Engineers j January 6, 1997 Leo E. Tremblay City of Salem, Massachusetts One Salem Green Salem, MA 01970 Re: 14 Franklin Street Dear Mr. Tremblay: As you are aware, an appeal has been filed with the State Building Code Appeals Board pursuant to Section 126 of the Massachusetts State Building Code. The effect of this appeal (under Section 126.3.2) is to stay all proceedings with regard to the Stop Work order issued on December 19, 1996. This law is clear. We therefore expect no further interference from your office until this matter is resolved by the Appeals Board. Sincer 1 Crai . Burnham Pre ident, Burnham Associates, Inc. CCB/mks 26 Dearborn Street Salem, MA 01970 Telephone (508) 745-1788 Fax (508) 741-1984 exp 0AW, og Yale* WILLIAM F.WELD �Od�/Z � P 0208 KENTARO TSUTSUMI Govemor Chairmen KATHLEEN M.OTOOLE THOMAS L.ROGERS Secretary TEL: (617)727.3200 FAX: (617) 227-1754 Administrator February 6, 1997 Leo Trembley Inspector of Buildings One Salem Green Salem MA 01970 Docket 'Number: .. 97-024 Property Address : 14 Franklin Street, Salem Hearing Date : February 25, 1997 ,f. Hearing Time : 12 : 30 PM The Appeal for the subject property has been scheduled to be heard on the hearing date and time indicated above. The hearing will take place in the State Board of Building Regulations and Standards (BBRS) Conference Room (Room 1301) at the McCormack State Office Building, One Ashburton Place, Boston, Massachusetts 02108 . The State Building Code Appeals Board requires your presence or that of your representative at its hearing relative to the above mentioned case. Please bring with you a copy of the record, including any plans, sketches, drawings, etc. , that will help to give the Appeals Board grounds to adjudicate this appeal . Sincerely, THE STATE� BUILDING CODE APPEALS BOARD aC. �]�iifirLtPii^ Patricia A.'-Brennan Programl`Manager Tito of ?' UlcIri' Mali sttr4usrtts � `•.` /�a Public Vropertp Bepartment Bpd" +Nuilbing Department (One *nlem (5reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 30, 1994 Burnham Associates, Inc. 26 Dearborn Street Salem, Mass. 01970 BE: 16 Franklin Street Dear Mr. Burnham: On September 30, 1994 this office conducted an inspection of the waterfront property located at the above mentioned address. You are in violation of the City of Salem Zoning Ordinance of illegally docking of vessels and equipment. You are being ordered to cease & desist of utilizing waterfront of property located at 16 Franklin Street. Please contact this office upon receipt of this letter as to your intent. Failure to comply willi result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay y, Inspector of Buildings LET: scm cc: Dave Shea Kevin Daly Councillor Hayes , Ward 6 Mr. Ferris, 16 Franklin Street Certified Mail ;; P 921 991 619 iW Ctu of t'hlPm, ma's'sur4uoetto n � Publir Property Department Nuilbing Department (One #alem 6rcen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building September 29 , 1995 Zoning Enforcement Officer Burnham Associates 26 Dearborn Avenue Salem, Mass . 01970 RE : 14 Franklin Street Dear Mr. Burnham: On September 28 , 1995 , this office inspected the waterfront property located at 14 Franklin Street and have found it to be in violation of the City of Salem Zoning Ordinance by encroachment of the properties located at 12 and 16 Franklin Street . You are also in violation of encroachment beyond the mean low tide water mark. You must cease and desist these violations at once . Failure to do so will result in legal court action being taken against you. Please contact this office upon receipt of this letter to inform us of your course of action in this matter . Sincerely, n Leo E . Tremblay Inspector of Buildings LET: scm cc: Kevin Daly Councillor Hayes , Ward 6 Certified Mail # P 921 991 840 exec ©AW, 0/'OPU&W� Yal+ O �-':4u WILLIAM F.WELD 02'O� KENTARO TSUTSUMI Governor A ✓Lfad Chairmen KATHLEEN M.OTOOLE THOMAS L.ROGERS Secretary TEL: (617) 727-3200 FAX: (817) 227-1754 Administrator March 21, 1997 Leo Trembley Inspector of Buildings One Salem Green Salem MA 01970 Docket 'Nu`mber:' 97-024 Property Address: ' 14 Franklin Street, Salem H earing Date : April 8, 1997 Nearing Time : 11 : 00 AM The Appeal"for'=th'e subject property has been scheduled to be heard on the hearing date and time indicated above . The hearing will take place in the State Board of Building Regulations and Standards (PBRS) Conference Room (Room 1301) at the McCormack State Office. Building, One Ashburton Place; Boston, Massachusetts 02108 . The State Building Code Appeals Board requires your presence or that of your representative at its hearing relative to the above mentioned case . Please bring with you a copy of the record, including any plans, sketches, drawings, etc. , that will help to give the Appeals Board grounds to adjudicate this appeal. Sincerely, THE STATE BUILDI/NGG/J CODE"APPEALS"`BOARD Patricia A `?Brennan Program'Mariager �P Cfitu ofttlPm, ittsstttl�usEtts � 1`a tlublic Propertg i9epartment Nuilaing lgepartment (One 6alem «run 508-745-9595 text. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 4 , 1997 Jody Ray Chief Engineer Railroad Operations Massachusetts Bay Transportation Authority Transportation Building Ten Park Plaza Boston, Mass . 02116-3975 Dear Mr. Ray: Part of my job as being the City of Salem Zoning Officer is to enforce specific uses in a zoning district . It has come to my attention that Lot #25 on Map 35 of the City of Salem Assessors map , which is owned by the Massachusetts Bay Transportation Authority is illegally being used to store industrial items on the shore line of the property. This illegal use must be ceased immediately. Please contact his office to inform us as of your course of action in this matter . Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E . Tremblay Zoning EnforcementOfficer LET: scm cc : Steven Dibble Kevin Daly Councillor Flynn, Ward 2 V BURNHAM ASSOCIATES INC. Marine Contractors • Engineers January 6, 1997 m Paul M. Tuttle x Electrical Department ` y; 14 La.°ayette Street - pp o Salem, MA 01970 ro Ite: 14 Franklin Street z ')ear Mr. Tuttle: We are in receipt of your letter dated January 2, 1997. .You should be advised that tour difference of opinion with the building inspector has been appealed to the State 3uilding Code Appeals Board pursuant to Section.126 of the Massachusetts State 3uilding Code. The effect of this appeal (under Section 126.3.2)is to stay all proceedings with regard to 14 Franklin Street. Your office is therefore precluded as a matter of law from taking any action until the matter is resolved by.the Appeals Board. Although the law now prevents you from taking any action, we are curious to I now what the`Building Code violations" referred to in your letter are. It is unusual that •fou make this statement, in light of the fact that you personally signed off on the electrical inspections. We are anxious to rectify any alleged violations and be in compliance with +::ode. Your cooperation in identifying any problems would therefore be appreciated. If 1l011 do not have this information, please identify who it was that told you to write the latter. Sine Crai:7. Burnham President, Burnham Associates, Inc. ("CB/mks 26 Dearl!arn Street. Salem, ;VIA 01970 Telephone (508) 745-1788 Fax (508) 741-1984 T/2Pi � . ✓vU/V ✓ LOLf% V� W wµw wf/ • n s' �nz��5��/z�iurlor�,.11aa� - �aaro X309 // KENTAROiT$UTSUD WILLIAM F.WIELDdd[2Cd ,s, KATHLEEN M. OTOOLE `' THOMASvL'"IROGEF 5«*°t°ry TEL: (617)727.3200 FAX: (617) 227-1754 Adm ngtneor a - t STATE- BUILDING CODE APPEALS BOARD - SERVICE NOTICE DOCKET NUMBER: (Sta to Use�Only,)',-r 1, Craig,�C. -'Burn'ham as agent for.t - 'the 't r r,; Appellant/Petitioner Burnham AS`;OCiates, Tnr in an appeal filed with the, State Building 'Code Appeals Board. on December 20 _ , 1996 HEREBY SWEAR UNDER THE PAINS AND PENALTIES OF PERJURY THAT IN ACCORDANCE WITH THE (PROCEDURES ADOPTED BY-THE STATE BOARD OF BUILDING REGULATIONS AND. STANDARDSAND, SECTION 121.2-.1 OF THE STATE BUILDING CODE, I SERVED OR CAUSED TO BE SERVED, A COPY OF THIS APPEAL"APPLICATION ON THE FOLLOWING PERSON(S) IN THE FOLLOW>ING MANNER J u' NAME AND ADDRESS DF PERSON/'AGENCY ,SERVED " METHOD OF SERVICE DATE bF,SERVICE-, ' �.,.. ., Leos Tremblay: City of Salem' 3",m� in hand Jan':" 6 , 19947 '' 4Signature,.: L T/PETITIONER - - On the Day of 19 PERSONALLYAPPEARED BEFOREME,THE-ABOVE NAMED v •.'.� (Type or Print the/Name of the Appellant) "" e - AND ACKNOWLEDGED.AND� SWORE THE ABOVE STATE;A�.RY TS TO TRUE. .a PUBLIC • a - l- aorr � , .., MY COMMISSION EXPIRES - . ,,,. � �"•meq, WILLIAM F. WELD /112 // 0.2708 KENTARO TSUTSUN Covcmor �.FJ �Llc7d Chairmen KATHLEEIN M. 070OLE THOMAS L.ROGER TEL: (617)7273200 FAX: (617) 227-1754 Adminuha or STATE USE ONLY Fee Received: Check No. : STATE BUILDING CODE APPEALS BOARD Received By: APPEAL APPLICATION FORM DOCKET NUMBER: - DATE: Dec. 20 , 1996 (State Use Only) The undersigned hereby appeals to the State Board of Building Regulations and Standards from the decision of the: Building Official from the City/Town of: Salem Board of Appeals from the City/Town of: Other Municipal Agency/Official entitled: State Agency/Official entitled: OTHER: Dated: Dec. ll&19 19 96 , having been aggrieved by such (check as appropriate) Interpretation ❑ Order ZI Requirement ❑ Direction -❑ Failure to Act 91 Other ❑ Explain - Subject: (Submit a brief statement of reasons and principal points upon which the application, appeal or petition is based) All appropriate code sections must be identified. All written supporting documentation must be submitted with this application. _ Parties may present written material at the hearing. However, the Board reserves the right to continue the proceeding if such material warrents extensive review. Building permit issued, and plans approved, on Nov. 14 , 1995 Inspector refuses to perform plumbing & fire inspections; requested in writing on Dec. 11 , 1996 . On Dec . 19 , 1996 inspector issued cease & desist State Briefly desired relief: order. Perfrom inspections - reinstate building permit - issue occupancy permit. APPELLANT: Burnham Associates , Inc. ADDRESS FOR SERVICE: 26 Dearborn St. Salem, MA 01970 Telephone No. (508) 745-1788 ADDRESS OF SUBJECT PROPERTY: 14 Franklin St. , Salem, MA 01970 APP E) •' 'S CON pI9CTION / SUBJECT PROPERTY: occupant. IGLlAT OF APPELIALIT/REPRESENTATI (NAH - PLP.ASE PRINT) _. ) STATE BUILDING CODE APPEALS BOARD (over Pagel DESCRIPTION OF BUILDING OR STRUCTURE RELATIVE TO THE MASSACHUSETTS STATE BUILDING CODE (5th EDITION) : (Check a9 appropriate) Existing Construction ® Approximate Age of Building 1 yearh (if existing) Proposed Construction ❑ USE GROUP (Article 3) : (Check as appropriate) _ A (Assembly) ❑ A-1 ❑ A-2 ❑ A-3 ❑ A-4 ❑ A-5 ❑ B (Business) -FX1 E (Educational) ❑ F (Factory). ❑ F-1 ❑ F-2 ❑ H (High Hazard) ❑ I (Institutional) ❑ I-2 ❑ I-3 ❑ M (Mercantile) ❑ R (Residential) ❑ R-1 ❑ R-2 ❑ R-3 ❑ R-4 ❑ (1 or 2 Family Duelling) S (Storage) 0 U (Utility) ❑ Mixed Use Group ❑ (Specify Uses) Special Use ❑ (Article 6) Describe Briefly the Use of the Building Over 50% of building is devoted to off; c-P space; remainder is for storage .of supplies and contractors supply establishment. (Ove[ page) 2 ;i STATE BUILDING CODE APPEALS BOARD CONSTRUCTION TYPE (Article 4) : �—etk as appropria e 1A ❑ 1B ❑ 2A ❑ 2B ❑ 2C El 3A ❑ 3B ❑ 4 ❑ 5A ❑ 5B ❑ Number of stories above grade 2 (total) Number of stories below grade (Include basement or cellar) 1st--floor 3430 Total Floor Area (all floors) 41700 Floor Area per floor 2nd floor 1270 Automatic Fire Suppression System installed ? Yes ® . No ❑ Automatic Fire Suppression System proposed ? Yes ❑ No ❑ Describe-. Brieflv the Construction of the Building: _ steel frame, steel skin, reinforced poured concrete foundation THIS SECTION TO BE COMPLETED FOR EXISTING BUILDINGS ONLY Proposed work (check as appropriate) ; Repair(s) ❑ Alteration(s) ❑ Addition(s) ❑ Will there be a change of Use Group associated with the proposed work ? Yes ❑ No ❑ If yes, Use Group Changed from to Has a building evaluation been performed in accordance with Appendix F, Section F- 104? Yes ❑ No ❑ if yes, submit evaluation with appeal documentation. h:\users\bbcs\forms\appeals.app - = Revised 03/95 3 C�itu of j ttWrm, famiac neetto Public Propertg Bepurtment VuilDing Department (Ont t;ufrm (5rern 588-745-9595 Ext. 3811 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 19, 1996 Craig Burnham Trustee Franklin St . Realty Trust - 26 Dearborn Street Salem, Mar., . 019:0 RE: 14 Franklin Street Dear Burnham Associates : Reference to my November 22, 1996 letter, you have failed to submit to this office the .proper floor plan layout of your office building. You have elso failed to contact the Building Department to conduct proper inspection of the interior of the building, and have chosen to enclose walls without first obtaining rough inspections . You have failed to submit proper floor plans (per my several request ) . You have failed to call for proper inspections for these reasons per Article One, Section 114 . 7 , 119 . 1, 111 . 2, 111 . 3 of the Massachusetts State building code . This office is revoking permit (1609-95 as of December 19 , 1996 . You are to cease & desist all work at once. You are also requested to stop all occupancy of building at once, until proper drawings have been submitted and approved by the Building Department, and all required inspections have been performea . Sincerely, Leo E . Tremblay Zoning Enforcement Officer LET: scm cc: Paul Tuttle Charlie Quigley Kevin Daly Councillor Haves , Ward 6 ELM CITY OF SALEM ,U SALEM, MASSACHUSETTS 01970 am .CANT DATE PERMfTftO. ADDRESS 17;'A p STATE Y ZIPCODE CC.'1-32 TEC_NO. — (IT TO NE LU;1-49 L;5-� STORY u. ��ES-;�-- NUMSEROF eROPOSED V-SEJ -- DWELLING UNas .OcAy*M 0004- S;TREFT --Z ONING Oak— (CAOS3 AND MSIONL— SIZE-r *BLOCK LOT ING IS TO BE`_. FT,WIDE By---------FT-LONG BY FT.IN HEIGKTAND SHALL CONFORMINCONSTRUCTION PE-- VSEGROUP BASEMENT WALLS OR FOUNDATION_. - HYPO AKs: ERECT OR AE o o z, PERklfT ccual ESTIMATEDCOSTS— FEE $ 14 R FRANK L TN ST REPLTY :—1 RUST, -SS BUILDING DEPT. By_ 7 =r R0ffTOOCCUPyANYqrREer.XjEyca- MTOONVEYSNO I _4MWALKORANypAFrTT�Ep�.rzrMERTEMpon,j�dLyORPERMANENTLY.ENCAOACHM =PR0PERTY.NOTSPEClF4ALLYPERM UNDER TI-14BUAMING CODE,MUST BE APPROVED eYTHE JURISDKTION.STREETOR ALLEY GRADES AS t 'THAND LOCATION OF PUBLIC SEWERS MAY OSTAKEDFRWTMEDEPARTMENTOF pUSUCWORKS.THE ISSUANCE OFTHIS PERNIfTOM NOT 'THE FROM FRTHE CONDITIONS OF ANY=Z SUBDIVISION RESTRICTIONS. *A OF THREE CALL INSPECTIONS A�f�PLANS MUST BE RETAINED ON JOB AN07HIS CAFID KEPT WHERF APPLICABLE SEPARATE'. PIN V�o IED FOR ALL CONSTRUCTION WORK EOUl FO 91ATIONS OR FOOTINGS PQSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A PERM'YSARER RED R RTQOOWRINGSTRUaMkL CERTIFICATE OF OCCUPANCY IS REOUIRED.SUCH BUILDING SMALL ELECTRICAL PLUMBING AND KERS(READYTOLAN. NOT BE OCCUPIED UNTIL FINAL INSPECTION HAS KEEN MADE. MECHiANiCZ INSTALLATIONS. INSPECTION SEWRE OCCUPANCY. POST THIS CA D SO IT JS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS I PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 2 r OF HEALTH GAS WSPECT$ONAPPROVALS FIFE DEPT.INSPECTING APPROVALS CITY ENGINEER 2 2 I 4authgitiee, TISA M R I CA "the metal bulldl L that U.9A or.'i( or design pro[, ' ' eealed-.only to?. by USA: 2.8 The BUYER/ENC erection'or its only. Tesmporan other,elements , 1Aand furnl"d.a a preliminary ea I T f[ "FOR G0N6Tf0 ;. � + , ':�_ int; Standard Pract iI ri: 2.96nited°6tructw `, r^ permit the tranp shear; bearl4e forces to..the c • oy Unless otherwise. / America does n COUNTY EeSEX o���°��� � > ,•s"� and construcllcn END USE GUFF : 12 In the Foundatlo Olhear Imposed) r °3 ui y g buildin �G v . .'• �. �o� It Is`cecommemdE uv e4 deslgned by 8 f of such.srr,uct LLOWING 46 INDICATED : 2.10 Normal eractl' " \Pw` moderate am6 ' drawing ofals �n which cannot bQ rI major:changes, to U.8.4, by U� 7F Alk either to corcii ' method of'cor �g Standard F'1 a f=aGt01' � �� 2.11 Neither the fab ' � altenVhis work a1 'unless.euph mor Factor such work Is - =' complete info(, I alterations prl �O}��. C�!)I I��I N Ifs ISI / _ 1 of Standard Fj 2.12 WANING 19 In conjurfctian,, ons for loadincJ corrioeive err In'contact with flashing, wlrina., , to manu cttlra. Nowev�r the 5T5 Member a 5tlfch are beygnd tf 5D8 Member Only tU/ 9T8 5tttcli � ,� 9D5 Mamb�r with It is etrongly,"Laptek Stitch = prevention pr n wf�h I fi:;;mal Block, :t and Fccleral O' P BURNHAM ASSOCIATES INC. Marine Contractors • Engineers December 11, 1996 Leo B. Tremblay City of Salem Building Department City Hall Annex One Salem Green Salem, MA 01970 Dear Mr. Tremblay: We are in receipt of your letter of November 22, 1996 (received on,December 10, 1996) wherein you site inspections (both rough and final) that have not been accomplished.timely or at. all. Please be advised that your office as well as those representing plumbing, electric and fire inspections for the City were contacted during each and at every stage of the,project. My father, Francis Burnham, informs me that he spoke with you personally on or about' 7uly24, 1996 while I was in Minnesota, regarding a rough inspection of wall areas in the building before being, covered with wall board. Your response was one of utter disinterest to inspection of these areas. As well, on June 28, 1996, a request was made to the Salem DPW for inspection of the sewer,line to the building before backfilling the trench. They refused the inspection knowing.full well th4t only hours earlier Mr. William Linsky had informed them of the project undertaking: After speaking with our contractors, we find that all rough inspections were accomplished, however to date, only the City's electrical inspector has signed off on for final inspection of the. building on 11/28/96. As for the final plumbing inspection, we understand that Mr. Ross is unable to give us an inspection given that the City is unwilling to supply us water as:previously requested by us. The office of the City's fire inspection department has not yet responded to our,request for inspection, thus I have no way of determining their intention at this time. 26 Dearborn Street Salem, MA 01970 Telephone (508) 745-1788 Fax (508),741-1,984, tIlk 'a I Yr <+ F i ,Se Leo L. Tremblay 'u* { � December 72, 1996 Y' t � �h vryll ll Page 2 ` ht J1 �1h , vy ��t ix lf�"pMx r�gju - a j rL' x� trt r f t ,txr' IVYY i c� Nearly without exception the City of Salem by it's agents has conslsteq y., �pcked}opr �el� A; Sti., meant efforts at completing the structure that you personally authonzed f - ,const teti41 11 ontor November 14, 1995. Those same stamped building plans have beer},exeeytedrat tbetissued t" � address with proper notification given at all stages.of construction 4£` rtI.. - '�- As you are "requesting that we stop illegally using said st reandQst rcppfommri s M ? je,' with building codes and zoning ordinances", please send your plumllingI$ tor to ogp!prq� site, all plumbing is complete thereby in need of inspection. As wellall?',fire preveptron'relate{� �, mt, a„ W} e14T� t fi � i ti wiring and alarms are now in place and in need of inspection, therefore,,, lease sendsthe} M�1 a , 1 appropriate personnel for inspection. I request further clarificationias torthose,buildmg,c4de yyel it Or have strayed from, and also just which of the zoning specifications weSallegpoly f �l�shoSlflpd �'$t4 how your view of the building's use differs now as opposedto;thatatttrie''atTwhtchyoulafficedzyollr� :rR stamp to my plans. I* , We will await your response. a Sincerely, � J �.� e'Qrv��' x159 > �✓ r,,y ak+n�' I �5.�'a kxx.. Craig . Burnbam y } " y,a Y1 nsG President, Burnham Assoeiat@�1lnc�_� t '#�ri 'J A pp LfT CCB/mks - }rir r p - ! x �k F Yet F h � F i /e 1��5 } w451'V✓�� . APPLICATION ADULT NUMBER Trial Court of Massachusetts FORCOMPLAI T ❑ JUVENILE District Court Department ❑ ARREST HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue againot the within Salem District Court named defendant, charging said defendant with the offense(s) listed below. 6y Washington Street DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 65 Wa, in on St 3/10/97 12/19/96 14 Franklin Street AME OF COMPLAINANT City of Salem Building Department NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT Massachusetts State Section One Salem Green t Building Code 114.7 Salem, Mass. 01970 111.2 2. 111.3 NAME,ADDRESS AND ZIP CODE OF DEFENDANT 115.1 Kraig Burnham TtueSNe 3. 26 Dearborn Street SSalem, Mass. 01970 a. COURT USE A hearing upon this complaint app 'callion DATFIOF HEA IN /TIp��OF SEARING COURT E ONLY will be held at the above court addre n AT J/ i (1 al, d SON Y CASE PARTICU BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY TVP TROLLED NO. Owner of property, Goods stolen,what Over or un ------SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 1 2 ~ 3 4 OTHER REMARKS: Failure to cease & desist use of premises per _ Building Department rules and regulations. X SIGNATURE OF COMPLAINAN DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME 0 O 3 Z D -f 1 rn 0 O { DC-CR2(3188) COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT ESSEX, ss. MISCELLANEOUS CASE NO. ass65y ) CRAIG C. BURNHAM, TRUSTEE OF THE ) FRANKLIN STREET REALTY TRUST and ) BURNHAM ASSOCIATES, INC. , ) Plaintiffs ) V. ) GARY M. BARRETT, JOSEPH J. YWUC, ) VERIFIED NINA V. COHEN, ARTHUR LABRECQUE, ) COMPLAINT RICHARD DIONNE, ALBERT C. HILL, ) and PAUL VALASKATGIS, Individually ) and as they constitute the BOARD ) OF APPEAL OF THE CITY OF SALEM, ) CITY OF SALEM, and LEO E. TREMBLAY, ) INSPECTOR OF BUILDINGS and ZONING ) ENFORCEMENT OFFICER OF THE CITY ) OF SALEM, ) Defendants ) Introductory Statement This action is brought pursuant to G.L. c. 185; 1 1 (p) and G.L. c. 40A, § 17; and, G.L. c. 185, § 1 (j 1/2) and G.L. c. 240, 3 14A. Plaintiffs are persons aggrieved and appeal a decision of the Board of Appeal of the City of Salem. Plaintiffs also seek a determination of the extent to which a municipal zoning ordinance affects the use of land and seek declaratory and injunctive relief. Parties 1 . Plaintiff Craig C. Burnham, Trustee of The Franklin Street Realty Trust, Under Declaration of Trust Dated September 9, 1992 ("Burnham"), is a citizen of the Commonwealth of Massachusetts residing in the City of Salem, County of Essex, and is the owner of property located at 14 Franklin Street, Salem, County of Essex; Lot 403 of City of Salem Board of Assessors Map 26 (the "property") . 2. Plaintiff Burnham Associates, Inc. ("Burnham Associates") , is a corporation duly organized and existing under the laws of the Commonwealth of Massachusetts, with a principal place of business in Salem, County of Essex. 3. Defendants Gary M. Barrett, Joseph J. Ywuc, Nina V. Cohen, Arthur LaBrecque, Richard Dionne, Albert C. Hill , and Paul Valaskatgis constitute the Board of Appeal of the City of Salem ("Board of Appeal ") . 4. Defendant City of Salem is a municipal corporation organized and existing as a City within the Commonwealth of Massachusetts. 5. Defendant Leo E. Tremblay is the Inspector of Buildings and Zoning Enforcement Officer of the City of Salem ("Building Inspector") . Factual Background 6. Craig C. Burnham is the President of Burnham Associates, a marine contracting business which is conducted from the property. The property is suited for this business because it abuts the North River by granite seawall and bulkhead and provides ocean access. 7. The marine contracting business has been conducted from the property since 1979. Initially, the marine contracting business was conducted from the waterfront portion of the property, and a water and sewer contracting business owned by William Linskey (then the owner of the property) was conducted from the front (Franklin Street) portion of the property. 8. Burnham purchased the property from William Linskey on September 9, 1992. 9. Prior to Burnham's purchase of the property, Mr. Linskey's water and sewer contracting business was conducted from an office trailer on the property, and the marine contracting business (in addition to its presence at the property) occupied an office trailer at a nearby lot owned by Craig C. Burnham on Commercial Street Rear, Salem. The Commercial Street Rear property was later taken by eminent domain by the Commonwealth of Massachusetts Highways Department. 10. After Burnham's purchase of the property, the water and sewer contracting business left and the property became fully occupied by the marine contracting business. Burnham attempted to improve the property by removing Mr. Linskey's office trailer and erect a building for offices and storage. On or about April 8, 1993 the Building Inspector refused to issue a building permit for the proposed building on the grounds of an illegal use (i .e. the marine contracting business) of the property. 11. As a result of the Building Inspector's refusal to issue a building permit, and other reasons, Plaintiffs filed an action in Land Court, Miscellaneous Case No. 192580, seeking a determination that use of the property for the marine contracting business is- a valid prior non-comforming use. After trial , Judgment entered on November 7, 1994, Kilborn, J. , declaring the marine contracting business to be a valid prior non-conforming use. Exhibit A. 12. The November 7, 1994 Land Court Judgment ordered the Building Inspector not to withhold a building permit for the building described in the court's Decision (trial exhibit no. 2) . 13. Subsequent to the Land Court Judgment, new plans for a building at the property were prepared due to availability of a building from United Structures of America. The new building differs from the first by a breakdown of 55% office and 45% storage, whereas the first was 50% office and 50% storage. As with the first building, all density and setback requirements of . the Salem Zoning Ordinance were 'complied with, and the impact of the building's use on the neighborhood is the same. 14. The plans for the building were submitted to the Building Inspector and stamped and approved on November 14, 1995. Exhibit B. The Building Inspector issued a Building Permit on that date to erect a building for, "Merchandise Storage and Office". Exhibit C. Construction proceeded in accordance with the approved plans. 15. Assistant Building Inspectors conducted and approved inspections of excavation, building layout, footings and foundation, walls and structural steel erection, rough plumbing inspection, rough electrical inspection, and final electrical inspection. 16. The construction of the building is substantially complete. In order to receive an Occupancy Permit, Burnham orally requested on several occasions the final plumbing inspection and final fire protection system inspection. The Building Inspector refused to perform the inspections. Burnham put his request in writing on December 11, 1996. Exhibit D. The Building Inspector responded by issuing a Stop Work order on December 19, 1996. Exhibit E. 17. The refusal to perform inspections and Stop Work order were appealed to the State Building Code Appeals Board pursuant to 780 Code Mass. Reg. 126.3, and a hearing occurred on February 25, 1997. During the hearing the Building Inspector stated that his position was that the building was not an office building and therefore did not comply with the Salem Zoning Ordinance. The Board determined that the controversy was a zoning issue; it continued the matter and directed the parties to take the steps necessary to resolve the zoning issue. 18. By letter dated March 10, 1997 the Building Inspector notified Burnham that the building at the property constitutes a violation of the Salem Zoning Ordinance. Exhibit F. 19. The March 10, 1997 decision of the Building Inspector was appealed to the Board of Appeal by Application dated March 24, 1997. Exhibit G. 20. The Application also requested the issuance of a Special Permit pursuant to Section 9-4(b) of the Salem Zoning Ordinance, which provides: (b) The board of appeals may authorize the issuance of a special permit for a change to another nonconforming use of an existing nonconforming building or use or its alteration or enlargement, provided that the board finds that the use as changed, altered or extended will not depart from the intent of this ordinance and its prior use or degree of use; provided that such building or use is neither increased in volume nor area unreasonatly. 21 . Legal Notice of Burnham's Application was publ ,';hed in the Salem Evening News. Exhibit H. Public hearing on the Application occurred before the Board of Appeal on April 16, 1997. An Agenda of matters to N: heard was printed and available to the public. Exhibit I. 22. Five members of the Board of Appeal were present; the Board of Appeal voted to deny Burnham's Application. The Decision of the Board of Appeal was filed in the City Clerk's office on April 30, 1997. A certified copy of the Decision is attached hereto as Exhibit J. COUNT I - BOARD OF APPEAL 23. Plaintiffs repeat, reallege and reaver the allegations of paragraphs 1 through 22 as if specifically repeated and incorporated herein. 24. The Building Inspector did not sustain his burden before the Board of Appeal of proving, as stated in his March 10, 1997 letter, that the building at the property constitutes a violation of the Salem Zoning Ordinance. 25. The Decision of the Board of Appeal exceeds its authority, is clearly erroneous and is based on legally untenable grounds. WHEREFORE, Plaintiffs respectfully request that the Decision of the Board of Appeal be annulled. COUNT II - BOARD OF APPEAL 26. Plaintiffs repeat, reallege and reaver the allegations of paragraphs 1 through 25 as if specifically repeated and incorporated herein. 27. Plaintiffs' building at the property does not depart from the intent of the Salem Zoning Ordinance nor the prior nonconforming use; and Plaintiffs are entitled to a Special Permit under Section 9-4(b) of the Salem Zoning Ordinance. 28. The Board of Appeal failed to set forth clear reason for its Decision in denying a Special Permit. 29. The Decision of the Board of Appeal exceeds its aut.horit,;,., is clearly erroneous and is based on legally untenable grounds. WHEREFORE, Plaintiffs respectfully request that the Decision of the Board of Appeal be annulled. COUNT III - BOARD OF APPEAL 30. Plaintiffs repeat, reallege and reaver the allegations of paragraphs 1 through 29 as if specifically repeated and incorporated herein. 31 . The Legal Notice of public hearing published by the Board of Appeal incorrectly stated that the Application was to "expand" a nonconforming use. 32. The Board of Appeal hearing held on April 16, 1997 considered applications that were advertised as for "Variance/Special Permit" and inconsistently applied the differing standards for variances and special permits to these other applications and Plaintiffs' Application. 33. The Decision of the Board of Appeal exceeds its authority, is clearly erroneous and is based on legally untenable grounds. WHEREFORE, Plaintiffs respectfully request that the Decision of the Board of Appeal be annulled. COUNT IV - BOARD OF APPEAL 34. Plaintiffs repeat, reallege and reaver the allegations of paragraphs 1 through 33 as if specifically repeated and incorporated herein. 35. In making its Decision, the Board of Appeal acted with gross negligence, in bad faith or with malice. WHEREFORE, Plaintiffs respectfully request that costs be allowed against the Board of Appeal . COUNT V - DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF 36. Plaintiffs repeat, reallege and reaver the allegations of paragraphs 1 through 35 as if specifically repeated and incorporated herein. 37. By Judgment of the Land Court dated November 7, 1994 the Building Inspector was ordered not to withhold a building permit for a building described in the court's Decision. 38. The building erected at the property is identical to the one in the court's Decision in its use, neighborhood impact, and compliance with zoning setback and density requirements. 39. The Building Inspector refuses to perform final plumbing and fire inspections on the building at the property nor issue an occupancy permit. 40. An actual controversy exists between the parties and declaratory relief is necessary to determine interests of fundamental importance. WHEREFORE, Plaintiffs respectfully request that a declaration enter stating that the building at the property is the same as referenced in the Judgment dated November 7, 1994, and that the Building Inspector be ordered not to withhold plumbing and fire inspections nor an occupancy permit. COUNT VI - DECLARATORY JUDGMENT 41. Plaintiffs repeat, reallege and reaver the allegations of paragraphs 1 through 40 as if specifically repeated and incorporated herein. 42. Business was conducted from an office trailer at the property during the non-conforming use of the property by (Plaintiffs' predecessor) the water and sewer contracting business. 43. Plaintiffs' office trailer was located at Commercial Street Rear, Salem; the property taken by eminent domain. The trailer and business was allowed to remain after the taking as a tenant until the Commonwealth required that particular property for its highway project. 44. Plaintiffs were subsequently evicted from Commercial Street Rear, and the office trailer is now at the property. Due to lack of an occupancy permit for the building erected at the property, Plaintiffs are using the office trailer. 45. Use of an office trailer at the property is a valid prior non- conforming use, and part of the prior non-conforming use ruled to be valid by the November 7, 1994 Land Court Judgment. 46. The Building Inspector now disputes Plaintiffs' right to use the office trailer, an actual controversy exists between the part izs, and declaratory relief is necessary to determine interests of fundamental importance. WHEREFORE, Plaintiffs respectfully request that a declaration enter stating that use of an office trailer at the property is a valid prior non-conforming use. COUNT VII - INJUNCTIVE RELIEF 47. Plaintiffs repeat, reallege and reaver the allegations of paragraphs 1 through 46 as if specifically repeated and incorporated herein. 48. The November 7, 1994 Land Court Judgment ruled that Plaintiffs' marine contracting business is a valid prior non-conforming use. 49. On March 31, 1997 the Building Inspector attempted, first through the City Electrician, and then through Massachusetts Electric Company, to terminate electric service to the property. 50. The Building Inspector did not attempt to terminate electric service to just the erected building in dispute, nor to just the office trailer, but instead attempted to terminate service to the entire property, which would shut the marine contracting business down completely. 51. On March 27, 1997 an attorney for the City of Salem told Burnham that the City would turn off the electricity to the property. 52. By letter dated April 28, 1997 the Building Inspector threatened to take action to prevent Plaintiffs' use of the office trailer at the property. Exhibit K. 53. The foregoing actions by the Building Inspector and City of Salem officials will cause the Plaintiffs irreparable harm. WHEREFORE, Plaintiffs respectfully request that the Building Inspector and City of Salem, their agents, servants and employees be enjoined from interfering with Plaintiffs' conduct of the marine contracting business at the property. PLAINTIFFS, By their attorney, Ke' W. Kauppi a BBA 542086 One Winthrop Square Boston, Massachusetts 02110 (617) 695-9092 Dated: May 15, 1997 VERIFICATION 1, Craig C. Burnham, Individually, Trustee of The Franklin Street Realty Trust and President of Burnham Associates, Inc. , have reviewed the contents of the foregoing Complaint, and, except where indicated as upon information and belief, swear that the allegations are true upon personal knowledge, and that the copies attached are true and accurate. Signed under the pains and penalties of p rjury this 15th day of May, 1997. Craig-t. Burnham COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT MISCELLANEOUS CASE NO. 192580 CRAIG C. BURNHAM, TRUSTEE OF THE FRANKLIN STREET REALTY TRUST and BURNHAM ASSOCIATES, INC. , Plaintiffs VS. CITY OF SALEM and LEO E. TREMBLAY, INSPECTOR OF BUILDINGS OF THE CITY OF SALEM, Defendants J U D G M E N T This action was tried and a decision of today' s date was rendered. In accordance with that decision it is ORDERED and ADJUDGED that plaintiffs' marine contracting business is a valid prior non-conforming use to the extent carried n within plaintiffs' property at 14 Franklin Street, Salem, including activities within the sidelines extended offshore . Plaintiffs' activities outside the sidelines are not such a use . No injunctions are necessary, except that I do order that the Building Inspector not, for'-the alleged reason that the marine contracting business is illegal, withhold either: 1) approval of plaintiffs' application for a building permit for the office building described in the decision, or 2) completion of the seawall application. Plaintiffs have not shown any monetary damages and so I dismiss Count V. I find that Section 8-3 (3) of the Zoning Ordinance is invalid to the extent that it disqualifies uses discontinued for less than two years . By the Court . (Kilborn, J. ) n W Attest : I ' Charles W. Trombly, Jr. Recorder Dated: November 7, 1994 A7 '. e I i, r .:, R '.♦ ,u'f,E w �:5 ' s.A YY`s. .. i 111.:'10 M'4 1 ,., - - pleas compiy� autFrnitlea�' �. AMERICA . . the metal , that tiSA.a or design ' sealed on, .•„� by t!9A,,l. 28171x'13111'E ,ry'” aroctl j2 ltso , r 4r t�i �` arid';r+xnletae9t; e pcsitMiriei . j!1t4t 17RAWId -5 JO BE � F . 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VC f4,--rfor` .y• f',ji`:•pn•'.A� S y`JJ `.gc}Q 'y .t...i'. .4r• y: �♦ ` -v /y:. _r n.a lir w,•,t"!A♦ 4 Y. r .r. 1 .. .~off { v .n •,R 'vsws• y r.,.^,iim 4 �,�4. t.-s;r_�1.c..� y�� • t.��w. - .Jv '• ,. ,4abLlm RAG .1✓. 'i iii. •.t:'�` �.Y„i.yxr, .6S�:v7Y�:7}�:5�•T...�-• .l} !:Z.A;i`{ �] .b'ft.. •'>. •</. YV. 3.I.fly! ,ya e.Y:f•':'iy'. :`hk...>�.: r7`: aa:_`rY).,�x'• :r...�.` ,J•ra r ah:.:^.�4C. ... ....,.-7t..:.J_�.,._._.�� .e:S ',`�x''.i::dka42E�..�•�3`.1C.�k..�i.. .'ts.:m•...►.��..:m>�.. ,r .. :.t ..........:a.r..-c .ti'.........�. _:.:............ :. ... __..,_.... . ... Wr..:._.;ut:::su`.::.Lti::. 3 WE CITY OF SALEM BVILDINGM. SALEM, MASSACHUSETTS 01970 P E R M 1 T- APFDATE_ ' ^�� _i. APPLICANT_ � -'�'' !�Q•V;j T�= ^'T � i?:�; PERMIT NO. . .. _ADDRESS - • A - .. , INO.1 pTREE7 ICONTR" CITY STATE '°�21P CODE . TEL.140. .\i T':•:_ ter': PERMI770 GFFr (_) STORY u• +C"�- .t_'r<ie "•C�,--c;- NUMBER OF RTPE OfM ROVE�M NTL'—= No. ri_.:.,,. : DWELLING UNITS IPFOPos�ouSH —.— AT(LOCATION) JdI=4 i`^f:='�':L..i iii 9TRE ZONING- 1N0.1 (SIAEET) DISTRICT �9ETW'EEN_ __ ANo . ._, fCA053 TgEETI (CPQ$$RTRELZT) — SUBDNISION ._ ±r LOT 1• .•'('±' BLOCK SIZE— <• :___t c J !'^. . BUILDING IS TO BE_,.__ FT,WIDE BY FT.LONG BY FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TOTYPE__ USEGROUP BASEMENT WALLS OR FOUNDATION_., REMARKS: AREA OR VOLUME �,, v_tL;jr PERMIT KUBOV IC/$ ARE FEFTI ESTIMATED COST$_._ FEE $_ i'�=•�'� .:;' OWNER I'RAi�k.!._''',: R:';:a,?]'. : 'f FLsS" -' 40DR'c5S_.=C- +'=.Fr idi�"-'l .�' BUILDING DEPT. THIS PERMIT CONVEY$NO RIGHT TO OCCUPY ANY$TgEET•ALLEY OR-SIDEWALK OR ANY PART THEREOF.ERHER TEMPORARILYOR PERMANENTLY.ENCROACHMEr�75.� DESAS ASNPUSLIC PROPERTY.NOT DEPTH AND LOCATION OF PUBLIC SPECIFICALLYPERMITTED EE OBTAINED FROM THE DEPARTMENT OF PUBLIC APPROVWORKS.THE ISSUANED By THE CEOF THIS PERMION.STREET ITT DOES NOALLEY T RELEASETTHE APPLICANT FROM THE CONDI ITONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL INSPECTION$ APPRbVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT WHERE APPLICABLE SEPARATE 1.FOUNEDFORALL CONSTRUCTION WORK; POSTED UNTIL FINAL INSPECTION HAS BEEN MAX WHERE A PERMIYS ARE REQUIRED FOR T.PRIOR T COS OR FOOTINGS. ELECTRICAL,PLUMBING AND ' 2.PRIOR TO COVERING STRUCTURAL CERTIFICATE OF OCCUPANCY IS REQUIRED.SUCH BUILDING SHALL MECHANICAL INSTALLATIONS. MEMBERS(READYTO LATH). NOT RE OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 3,FINAL INSPECTION 8E (JRE OCCUPANCY. POST THIS CA RR SO IT-I$ VISIBLE FROM STREET BUILDING INSPECTION APPROVALS I PLUMBING INSPECTION gppROVALS ELECTRK_AL INSPECTION APPROVALS 1 J 2 2 _ BOARD OF HEALTH GAS INSPECTION APPROVALS FIRE DEPT,INSPECTING APPROVALS OTHER CITY ENGINEER 2 i I "` ' .�.:n\t:n.an VYVMCf ONGTRt1CT10N WOkK1C R�GP£Gf1ONa\NO\QATED ON TM\e CARO 1i3I1RNHAM ASSOCIATES INC. Marine Contractors • Engineers December 11, 1996 Leo E. Tremblay City of Salem Building Department City Hall Annex One Salem Green Salem, MA 01970 Dear Mr. Tremblay: We are in receipt of your letter of November 22, 1996 (received on December 10, 1996) wherein you site inspections (both rough and final)that have not been accomplished timely or at all. Please be advised that your office as well as those representing plumbing,electric and fire inspections for the City were contacted during each-and at every stage.of the project. My father, Francis Burnham, informs me that he spoke with you personally on or about 'July 24, 1996 wbile. I was in Minnesota, regarding a rough inspection of wall areas in the building before being covered with wall board. Your response was one of utter disinterest to inspection of these areas. As well, on June 28, 1996, a request was made to the Salem DPW for inspection of the sewer line to the building before backfilling the trench. They refused the inspection knowing full well that only hours earlier Mr. William Linsky had informed them of the project undertaking. After speaking with our contractors, we find that all rough inspections.were accomplished, however to date, only the City's electrical inspector has signed off on for final inspection of the building on H/28/96. As for the final plumbing inspection, we understand that Mr. Ross is unable to give us an inspection given that the City is unwilling to supply us water as previously requested by us. The office of the City's fire inspection department has not yet responded to our request for inspection, thus I have no way of determining their intention at this time. 26 Dearborn Street Salem, MA 01970 Telephone (508) 745-1788 Fax (508) 741-1984 ' .:•:1 y'1a. yf-'4=SI"�ylp 4 s� -' l t ;L .�.�v'f 1� K;'• Leo E. Tremblay December 12, 1996 ' Page 2 Nearly without exception the City of Salem by it's agents has ABI& t meant efforts at completing the structure that you personally authi,?� , November 14, 1995. Those same stampedbuilding plans have b �x address with proper notification given at all stages of co on. As you are "requesting that we stop illegally using said std r with building codes and zoning ordinances", please send your plums " site, all plumbing is complete thereby in need of inspection. As vyeU,a' all Qna �1 s J wiring and alarms are now in place and in need of inspection, th@refp�e appropriate personnel for inspection. I request finther clarification`as-11Y ? have strayed from, and also just which of the zoning specificationsrywg al c$ how your view of the building's use differs now as opposed to.thIXI ea stamp to my plans. We will await your response. � Sincerely, 1 �+ Craig QBurnharn President, Burnham'rAsc { 1' f� CCB/mks i� � F Iit'G r a ir. u:lain imide.`a J/I . CE 9G (Articl Oe A 4f, Section sects n of the l tEREAS, violations of{ pA,�rt�i�c�leQOpL�'� Section //9./ of the Building Code)}have been found or 19fdo we St¢ a — bo' deode p jr Ise premises, IT IS HER O EKED in acct once wi tea ve • that all arsons cease,desist m, and OP at once pertaining to construction, alterations or repairs on these premises known as persons acting contrary to this order or removing or mutilating this notice are liable to arrest less such action is authorized by the Department. - 1UILDING OFFICIAL Critu of ttlrm. Masscachu-q tt£ .,_ :f�ublir Vrnpertg Z3cparimcnt $uilbinq i9cparimcni �@na l�alem tG.ern 308-743-9595 Ext. 300 Leo E. Tremblav Director of Public Property Inspector of Building Zoning Enforcement Officer March 10, 1997 The Franklin St. Realty Trust Burnham Associates 20 Dearborn Street Salem, Mass. 01970 RE: 14 Franklin Street Dear Mr. Burnham: in accordance with past correspondence from this office. you are again being notified that the building which you have constructed at 14 Franklin Street constitutes a violation of the City of Salem Zoning Ordinance. Due to your lack of submitting proper plans, and -k* a site visit conducted on 'november 7, 1996. this property does not conform with Article V , 5-2 (g) . B-5 district for use as a professional office building. Accordingly you are hereby ordered to discontinue the use of the building in question and to remove this building from the property. Also pursuant to the stop work ordered previously served-, you are to discontinue your use and occupancy of this,bvilding. You have the right to appeal this finding of a zoning violation `✓ rsuant to GEnEral La-w, ChaDter, LOA. Section 3 and 15 and any other applicable statues . City by law or -ordinances . ;hank you for your anticipated cooperation in this matter. If this office can be of any further assistance in this matter, please do not hesitate to call . Sincerely. i Leo E. Tremblav Zoning Enforcement Officer LET: scm cc : Kevin Daly COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT MISCELLANEOUS CASE NO. 192580 CRAIG C. BURNHAM, TRUSTEE OF THE FRANKLIN STREET REALTY TRUST and BURNHAM ASSOCIATES, INC. , Plaintiffs VS . CITY OF SALEM and LEO E. TREMBLAY, INSPECTOR OF BUILDINGS OF THE CITY OF SALEM, Defendants J U D G M E N T This action was tried and a decision of today' s date was rendered. In accordance with that decision it is ORDERED and ADJUDGED that plaintiffs' marine contracting business is a valid prior non-conforming use to the extent carried n within plaintiffs' property at 14 Franklin Street , Salem, including activities within the sidelines extended offshore . Plaintiffs' activities outside the, sidelines are not such a use . No injunctions are necessary, except that I do order that the Building Inspector not, for the alleged reason that the marine contracting business is illegal, withhold either: 1) approval of plaintiffs' application for a building permit for the office building described in the decision, or 2) completion of the seawall application. Plaintiffs have not shown any monetary damages and so I dismiss Count V. I find that Section 8-3 (3) of the Zoning Ordinance is invalid to the extent that it disqualifies uses discontinued for less than two years. By the Court . (Kilborn, J. ) Attest : Charles W. Trombly, Jr. Recorder Dated: November 7, 1994 72. . f \ CITY OF SALEM ;t� 11.D1N SALEM, MASSACHUSETTS 01970 RERMIT DATE PERMITNO. _ •: ._ .=—. --ADDRESS - ! •.�aJ INOCITY .I wTaEET) ICONIR-�N �— STATE 'rF'• 21P CODE L11'��ti _ TEL.NO. PERMIT TO :. C_I STORY ... :-.C;Q PAi'.. C-'RGFES. : NUMBEROF •. RIMPROVEMENI'I Np IPROPDSED uiEI ,— DWELLING UNITS gulf 4 z _ AT(LOCATION) •'1%%ti'e^.L.,l:tl :iil KIS=T 1"IO.I (STREET) DISTRICT _ DISTRICT BETWEEN_._ AND ' ICAOSS STgEET) icNoss sTNEEn — SUBDIVISION �h�_y; ;L,w LOT LOT �'.= BLOCK SIZE <•?: i_iluT .�:: �' BUILDING IS TO BE_—__„_FT,WIDE BY Fi,LONG BY PT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE____` USE GROUP BASEMENT WALLS OR FOUNDATION_., REMARKS: . - AREA OR - 't VOLUMEESTIMATED COST._. `r., v_I4;�i FERMIT 14'9 0_ ¢UBIC(aDVAAfi FE .._ EE OWNER ADDRIEk � i�LFi i�'e;`�J:�Ch� BUILDING DEPT. 4_ __ THISPERMRCOP RTY.NOT SPECIFICALLY YPE STREET,ALLEY OR.SIDEWALK OF'ANY PART THEREOF.EITHER TEMPORARILY OR PERMANENTLY.ENCAOACHME(j5 •.ONPUBLICPROPERTY.NOTSPECIFICALLYPEAMITTEDUNDER THE.BUILDING CODE,MUST BEAPPROVED BYTHE JURISDICTION.STREET ORALLEY GRADES ASViELL ASDEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDI(IONS OF ANY APPLIJA6LE SUBDIVISION RESTRICTIONS. MINIMUM OFTR ALL C SREQAPPROUEDPLANS MUST BE RETAINED ON JOB ANDTHIS CARD KE PT WHERE APPLICABLE SEPARATE 1.FOUREDFONSORCONSTRUCTIONTINGSwpgK; POSTED UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A PERMIISARE REQUIRED FOR T.PRIOR TOO COVERING STRUCTURAL CERTIFICATEOF OCCUPANCYISREOUIRED.SUCH BUILDING SHALL ELECTRICAL,PLUMBING AND 2.MEMBERS R COVERING STRUCTURAL MECHANICAL INSTALLATIONS. MEMBERS IREADY?O LATH). NOT BE OCCUPIED UNTIL FINAL INSPECTION HAS KEEN MADE. 3,FINAL INSPECTION BEI-URE OCCUPANCY. POST THIS CA RD SO IT VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL.INSPECTION APPROVALS I T - I • 2 - 2 z .. .._ _._ BOARDOFHEALTH GAS INSPECTION APPROVALS FIRE DEPT,INSPECTING APPROVALS OTHER CITY ENGINEER 2 i ------------------- i I ' - .-- ---- ------IMFT'.CINSTFUCTIONlN0"Y, 5 ANSP£ChUNa 1NDACsZEo oN TAaAS Cnao C' C i :.4 R �. �.a•:ye �.. j et �f" .'Y'Yt4o . .!. t )V:'10 VMS n plena compRJi" ' A authoritlea TT' AI�/I E � C t�khe+e� LLSAa or dealgn a� aaaled On>y .'L11 �T• �y� - Rv 2s rte'SU, ER%E7 t, eracliori•cP�tst • ' . t46N:5. /!/� ��� . . . � :: Other;etemmiti • J�;�,�1a� �C � laldl , ;aicelrmlr�icA f i.1!g 1rnX+rkNGS'TO 6E C OR S $tanderd'PI ;" AT Fl fit€?�;t1G j •. . .:, . . . :..: _. . :. rcv OF f 2S. .1 • � : •;foi!cae�.:fo�tfies5 ir O' .�tinle�b.;'DY.91 W�y +�i ° Amencddoae; COUNTY E55EXvi } • � : �ry9 s�°��'�`S- ` � ;,1�¢g'* �:anzicone�vefl �Q 0. °e4 In'the touridet r �,, ,j• 'c,':;, ., �c� ,t�kc`• biJlJcltng�:slt �� -•+ 4�• ;'-as�u�oP .it Iris ', ' .�y •. tion"�l`S'.; .!. ',?..,.::,i- '?•;''::;: �� d`�. ">7=• :af=s:%r: '%'?z: OW NCS :AS -INDICATED:.: �� a Ira t sr •� .mathod•Of.'y' �.- � sl:nndpfd :actor � a rl�itrac thntr' ( A, ate{h� such work 3rr cotnpteterinl'.. tand sileraYios :4 •,r. .. :.:::;"!• :2.12-':"RNINCs''3' .• .. V In Cpt, �f' • s, for . Icad(ng coraosivettig . irl`GGntaGt''ail, f146H g Wirt.. 213 • :... to menu c. t?anbor^t`stticA° i;< � ' 1tOu�ASGAT,'; . . . � . 'aresbeyQtid- s:'isnbr.a;ty;tw STs.�selict, : `, � 4: �It' Is`elror+gly� +M turt}rLaptmlc$trtdf ���. C Critu of t'mttlem. Massachusetts cF -" JubUr Vroperig Deparimcni $uilbinq i9epariment l0ne !`alrm ll&rrrn 308-745-9593 i1Q. 300 Leo E. Tremblav Director of Public Property Inspector of Building Zoning Enforcement Officer March 10, 1997 The Franklin St . Realty_ Trust Burnham Associates 20 Dearborn Street Salem, Mass . 01970 RE : 14 Franklin Street Dear Mr . Burnham: in accordance with past correspondence from this office, you are again being notified that the building which you have constructed at 14 Franklin Street constitutes a violation of the City of Salem Zoning Ordinance . Due to your lack of submitting proper plans, and It a site visit conducted on November 1, 1996, this property does not conform with article V , 5-2 (g) , B-5 district for use as a professional office building. Accordingly you are hereby ordered to discontinue the use of the building in question and to remove this building from the proper--y . Also pursuant to the stop work ordered previousiv served, you are to discontinue your use and occupancy of this ,.6uilding . You have the right to appeal this finding of a zoning iol3tion oursuant to Se.-:era-1 La`« -ha-ter 10A. Section S and 15 and any other applicable statues . City by law or ordinances . Thank you for vour anticipated cooperation in this matter . If this office can be of any further assistance in this matter, please co not hesitate to call . Sincerely, Leo E . Tremblav Zoning Enforcement Officer LET: scm cc : Kevin Daly Councillor Haves . ward 6 Lerltl Notice C37Y of SALEM BOARD OF APPEAL i464M5 Ext.381 Will.hnM a public hearin¢for all romans intmetad ln;lbo potition cub `milted by CRAIG C. DVRNHAM. TRUSTEE tcgttesiitg a Special Per mit to exp anQ legal non coraorII1111b' use by construction of a buildlag on the proMr6'[ot the property kicand at ' 1.4 FRANKLIN STREET(B 6).Said heat hiR to be held WEDNESDAY, APRIL 18, Rd7-AT eW P.M.ONE SALEM GREEN,2nd Floor. GaryBarwr rh'.11T}nan (v3.di9iBb Ctu of $Ulem, '9ttssadjusetts °4 P aurb of '�kupeal AGENDA APRIL 16, 1997 - 6:00 P.M. 2ND FLOOR - ONE SALEM GREEN 1. CONTINUED: Petition of Peterborough Oil Company requesting a Special Permit to allow the enlargement of the existing non-conforming use for the property located at 94 Bridge Street (R-2) . 2. Petition of John & Ann Snow requesting a Variance \ Special Permit from rear setback to construct a garage for the property located at 54 Osgood Street (R-1) . 3. Petition of Donna Clifford requesting a Special Permit for office space for home occupation involving the use of a room in a dwelling for the property located at 26 Gables Circle (R-1) . 4. Petition of David & Maria Glavin requesting a Special Permit\Variance to enlarge legal two (2) family dwelling into a three (3) family dwelling for the property located at 16 Hersey Street (R-2) . 5. Petition of Robert & Rachel Lutts requesting a Variance\Special Permit for from side setback to construct a two car garage with a family room above for the property located at 92 Orne Street (R-2) . 6. Petition of Lois Delp requesting a Variance\Special Permit to convert legal two (2) family dwelling into a three (3) family dwelling for the property located at 58 Salem Street (R-2) . 7. Petition of Craig C. Burnham, Trustee requesting a Special Permit to expand legal non-conforming use by construction of a building for the property located at 14 Franklin Street (B-5) . 8. Approval of the minutes as taped - March 19, 1997. 9. Old/New Business From th Board of Appeal i 0 Sally C. Murt Clerk of the Board j of �oiem' mossar4usetts jOublic 11rapertg i9epartment \ Nuilbing i3epartmetnt (9nr 8aitm 4reen 508.745-9595 tint. 386 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer April 28, 1997 Craig C. Burnham Trustee , Franklin St . Ry. Tr . 93 Orne street SA-lAam-,. Mas-s, .11.1-9.70 R' '14 Franklin Street Dear Mr. Burnham: It has come to the attention of this office that you are illegally using trailers at the above mentioned property to operate a businesses out of. In order for the use of office trailers on a temporary status to operate a business out of, you must apply to the City of Salem Board of Appeals to acquire a Special Permit. We have no records of you doing. so. You must cease & desist the use of the office trailers at once and file proper application with the City of Salem Board of Appeals to acquire a Special Permit for the use of office trailers; per Article Vll , Section 7-1 , trailers,of the City of Salem Zoning Ordinance. (Copy enclosed) . Please contact this office upon receipt of this letter to inform us as of your course of action in this matter. Failure to do so within fifteen (15 ) days will result in court action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay Zoning Enforcemen Officer LET: scm cc: Kevin Daly Councillor Hayes , Ward 6 3' �. Ctu of Salem, 'Massadjusetts �i V % '6 Poarb of �ppeal 49iM A DECISION ON THE PETITION OF CRAIG C. BURNHAM, TRUSTEE REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 14 FRANKLIN STREET (B-5) o A hearing on this petition was held April 16, 1997 with the following s Board Members present: Gary Barrett Chairman, Nina Cohen, Joseph �r Ywuc, Richard Dionne and Arthur LeBrecque. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting a Special Permit for a Change of Use for Office and Merchandise storage for the property located at 14 Franklin Street (B-5) . The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit.is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after careful consideration of the evidence presented at the hearing and after viewing the plans, makes the following findings of fact: 1. Petitioner conducts a Marine Contracting business on the locus property which was found to be a valid, prior non-conforming use by the Land Court. 2. Petitioner purchased the property in 1992, and prior to this time leased a portion of the subject property from a prior owner. 3. Peter Victory, 0 Lee Street, submitted a letter in support of the petitioner. 4. Edward Ferris, 21 Naples Road, who conducts a auto recycling DECISION OF THE CRAIG C.BURNHAM, TRUSTEE REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 14 FRANKLIN STREET (B-5) page two salvage business on the property abutting the subject property, spoke in favor of the petition. 5. Petitioner applied for and was issued a building permit to construct a building for merchandise storage and office on the subject property on November 14, 1995. 6. The proposed building is 130 feet in length by 30 feet in width for a total of 3900 square feet on the first floor. The mezzanine on the second floor of the building is 50 feet in length by 30 feet in width or 1500 square feet for a total of 5900 square feet for the entire building. 7. On December 19, 1996, Petitioner was to ordered to cease & desist all work and was furthered order to stop occupancy of the building. 8. On March 10, 1997, Petitioner was notified by the Building Inspector that the subject building was a violation of the Salem Zoning Ordinance. 9. John Jennings, Building Inspector for the City of Salem, testified that, based on his inspection of the building,less than 50% of the structure would be used for office space and the space would be used for storage and warehousing of materials and equipment. 10. Petitioner has been involved in several pending matters with the City before the Land Court, Superior Court, District Court, Conservation Commission, State Building Code, Board of Appeals, concerning the use of the subject property. 11. The B-5 Zone which encompasses the subject property was created in 1985, and the intent of creating such B-5 zone was to enhance the appearance and environment of the North River area. 12. The issuance of the building permit on November 14, 1995 does not legalize the building which was constructed in vioiation of the Salem Zoning Ordinance. 13. Petitioner's proposed construction of the subject building constitutes an enlargement of the prior non-conforming use, and the intended use as a office, storage, and warehouse facility is a change of use referring issuance of a Special Permit. 14. Petitioner's intended use of the building will be for warehousing of marine construction material and only a portion of the premises will be used for offices. 15. Petitioners construction of the proposed building and intended use thereof is not in harmony with the intent and purpose of the B-5 zoning district and Salem Zoning Ordinance. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The Special Permit requested cannot be granted without ndsKssubstantial detriment to the public good or without nullifying and-,,— substantially ubstantially derogating from the intent of the district or the LAJ purpose of the ordinance. in use W DECISION OF THE PETITION OF CRAIG C. BURNHAM, TRUSTEE REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 14 FRANKLIN STREET (B-5) page three 2. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety,convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously 0 in favor, and five (5) in opposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. SPECIAL PERMIT DENIED April 16, 1997 j=,rett, Chairman Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of MGL Chapter 40A and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry or Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal O^i C A TRUE COPY ATTEST SALM G , APPEAL CASE NO. . . . . . . . . . . . . . T.440in of linarb cf AFpzal TO THE BOARD OF APPEAL: APPLICATION FOR SPECIAL PERMIT The Undersigned represent that he/she is/are the owners of a certain parcel of land located at: .IA .F.ranklio.Street.... .... . .Street; Zoning District. . B;5 .�.. and said parcel is affected by Section(s) ..8. b 9:4W ... . ... . . of the M;;weft 1c>iRstx0.t+dcbaidopc£ xx City of Salem Zoning Ordinance. Plans describing the work proposed have been submitted to the Inspector of Buildings in accordance with Section I% A.1 of the Zoning Ordinance. * Although in B-5 District, the property is used for a marine contracting business ; this industrial use was ruled to be a valid prior.-non-conforming use by Land Court Judgment dated 11/7/94, a copy-of which is attached as Exhibit A. Applicant petitions to change the non-conforming use pursuant to Section 9-4(b) by devoting a portion of the property to a building for offices and merchandise storage. Such use is conforming and will result in decrease in degree of the existing non-conforming use. The Application for Permit was denied by the Inspector of Buildings for the following reason(s): 1 .) Application for Permlt. was approved, and Building Permit issued on on November 1.4, 1995. Exhibit B. 2.) Plans were stamped and approved by the Inspector of Buildings on November 14, 1995•. Exhibit C. 3.) Construction proceeded strictly in accordance with the plans approved by the Inspector of Buildings. 4.) On March 10, 1997 the Inspector of Buildings stated that the building constitutes a 'violation of the City of Salem Zoning Ordinance. Exhibit D. The Undersigned hereby /for g special permit under y petitions the Board of Appeal tWx�{t(Y the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-taws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning Ordinance and Building Code for the follow- ing reasons: Applicant petitionsfmr change of use from the. property being used solely as industrial marine contracting yard. Applicant petitions to use a portion of the property for a building with offices and storage. The building will decrease the degree of the existing non-conformity by construction of a building for professional offices , storage and contractor's supply, all of which are conforming uses in B-5 District . The change of use is therefore consistent with the intent of the Zoning Ordinance. Devoting a portion of the property to allowed use will reduce the degree of the existing non-conformity, will be less objectionable, and will be less detrimental to the neighborhood. The degree' of the valid prior non-conforming use will be lessened . Franklin Street Realty Trust Ower. . ..................... 26 Dearborn Street, Salem, MA Address.. Telephone.(508)^.745.1,788. ... . . . . . . . . . Petitioner Crai C �hhami Trustee Address 26 Dearborn St. Salem r MA 01970 March 24, 1997 (50$) 745-178 ...... Date... . . .. . . ... . . . . ...... Telephone. . . . . . .... . . ``,((����, Trustee By.l. ... . . . . . . ... . Three copies of the application must be filed with the Secretary of the Board of Appeal with a check, for advertising in the amount of 5... . ......... four weeks prior to the 04 the Boattt et Appeal. Check payable to ttie SF.Cem Evening News. l ' 9 DALY & DALY ATTORNEYS AT LAW 32 CHURCH STREET SALEM, MASSACHUSETTS 01970 KEVIN T. DALY TELEPHONE (978) 745.0500 OF COUNSEL MARGARET DALY CRATEAU FAX (978) 745-6606 RICHARD E. DALY May 5, 1998 Ms . Patricia A. Brennan, Clerk Board of Building Regulations and Standards One Ashburton Place, Room 1301 Boston, MA 02108 RE: Docket No. 97-024 14 Franklin Street, Salem, MA Dear Ms . Brennan: As your records should indicate, this office represents the City of Salem Building Inspectdr relative to the above-named matter. As such, I am in receipt of your letter to Mr. Craig Burnham of May 1, 1998 . The City of Salem Board of Appeal has denied Mr. Burnham a special permit for the construction of his building at 14 Franklin Street . Mr. Burnham appealed this denial to the Land Court and a motion for partial Summary Judgment was argued before Judge Kilborn on January 9, 1998 . On January 30, 1998, Judge Kilborn rendered a decision denying Mr. Burnham' s motion for partial Summary Judgment and granted Summary Judgment in part to the City of Salem. Judge Kilborn has ruled that the warehouse portion of Mr. Burnham' s building at 14 Franklin Street is illegal . Additionally, as a result of a site visit on January 9, 1998, it was discovered that Mr. Burnham has continued construction work on the building in question despite the Cease-and-Desist Order which was issued by the local building inspector. Accordingly, kindly advise as to your Board' s next procedure. May I specifically request that you copy this office with any correspondence or- notices to the parties . Thank you for your attention to this matter. Very truly yours, KEVIN T. DALY KTD/rmj CC: Attorney Keith W. Kauppila Leo Tremblay, Building Inspector l�FILrF.'C„ O. COPY 'ctm._0F_000I/PANCY FOR-FRONT 1%2-uF nuii.oinG 1ST_n 4n'D_j coNO)r 'tCERTIFICATE OF OCCUPANCY I_ x 01!1 Y 3 CITY OF SALEM Issued,i ,Q Peml!M,`605,` P.S. SALEM, MASSACHUSETTS 01970 Ci Of Salem""9 uAding De"f._ s .. 9�'�nnua i DATE IVO VE.h'flJi�a? 14 19 `:9� PERMIT NO. 6019-...19 9`.., APPLICANT FRYKI UND CONSTRUCTION ADDRESS 1721 CONCORD ST (NO.) (STREET) (CONTR'S LICENSE) CITY G)...D I..J L.;i'S.7_E R STATE lYlfh ZIP CODE IZ)1'D;.'.d:I - TEL.NO. PERMIT TO NEW BUILDING I—) STORY OFFICE, BANKPROFESS! NUMBE ROF DWELLING UNITS ..QI .. I (TYPE OF IMPROVEMENT) NO. (PROPOSED USE) 001 4 Rl4N KLI\I S.,I..RE ET ZONING 1.1-5 AT(LOCATION) ': sDISTRICT (NO.) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) LOT SUBDIVISION Mf)r c.F LOT 0403 BLOCK - SIIZE 0 0UE,15QIN SC, FT' BUILDING IS TO BE FT,WIDE BY FT.LONG BV FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS'. ERECT DIIlI....r)3.Nt.:i FOR MERCHANDISE E)"fORAGE $ OFFICE:., L. E. T'. AREA OR PERMIT VOLUME ESTIMATED COST$ 24, 01710 FEE $ .149,. Q1 12.1 (CUBIGSOUARE FEET) OWNER FRA NK L..11\1 fDT REAl TY TRUST ,,,, BUILDING DEPT. ADDRESS 26 S'iiz:.FiRr+C7C2)`.I SI BY I_.. E.. "f COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT MISCELLANEOUS CASE NO. 192580 CRAIG C. BURNHAM, TRUSTEE OF THE FRANKLIN STREET REALTY TRUST-and BURNHAM ASSOCIATES, INC. , Plaintiffs VS . CITY OF SALEM and LEO E. TREMBLAY, INSPECTOR OF BUILDINGS OF THE CITY OF SALEM, Defendants J U D G M E N T This action was tried and a decision of today' s date was rendered. In accordance with that decision it is ORDERED and ADJUDGED that plaintiffs' marine contracting business is a valid prior non-conforming use to the extent carried n within plaintiffs' property at 14 Franklin Street, Salem, including activities within the sidelines exten e offshore . Plaintiffs' activities outside the sidelines are not such a use . No injunctions are necessary, except that I do order that the Building Inspector not, for the alleged reason that the marine contracting business is illegal, withhold either: 1) approval of plaintiffs' application for a building permit for the office building described in the decision, or 2) completion of the seawall application. Plaintiffs have not shown any monetary damages and so I dismiss Count V. I find that Section 8-3 (3) of the Zoning Ordinance is invalid to the extent that it disqualifies uses discontinued for less than two years . By the Court . (Kilborn, J. ) `.� Attest : Charles W. Trombly, Jr. Recorder Dated: November 7, 1994 L.. LC/(J I COMMONWEALTH OF MASSACHUSETTS ESSEX, SS . TRIAL COURT SUPERIOR COURT DEPARTMENT CIVIL NO. 97-0747C I { CRAIG C . BURNHAM, TRUSTEE OF THE ) FRANKLIN STREET REALTY TRUST ) i Plaintiff ) AFFIDAVIT OF VS . ) LEO E. TREMBLAY MASSACHUSETTS ELECTRIC COMPANY ) Defendant ) v Now comes Leo E. Tremblay who deposes and states as follows : l 1 . I am the City of Salem Building Inspector and have I served in this capacity since November of 1992 . 2 . As such I am also the Zoning Enforcement Officer for the City of Salem. 3 . My job duties include issuing all permits for construction and alteration of buildings, conducting required inspections, issuing certificates of inspection, issuing certificates of occupancy and enforcing all related city ordinances as well as the Massachusetts State Building Code. 4 . My office issued a building permit to the Plaintiff for the construction of a building at 14 Franklin Street in Salem. 5 . After many months of requests to the Plaintiff that he provide me with plans in order to bring his building into compliance with the city zoning ordinance, I sent him a letter on June 17, 1996 denying him an occupancy permit. The Plaintiff did not appea=_ this denial . 6 . On November 7, 1996 I conducted a site visit to the property and building at 14 Franklin Street. I observed that construction of the building was virtually completed and that the Plaintiff had finished 1 off the warehouse and office portion of the building iI without the required inspections being performed by my office . His building was fully operational . I observed computers installed and work in progress for i Mr. Burnham' s various businesses . Equipment and inventory were being stored and warehoused. 7 . In my opinion, the Plaintiff was illegally occupying the building at 14 Franklin Street without having i i obtained required inspections or a Certificate of i Occupancy. a . Subsequently, I commenced criminal proceedings in Salem) District Court against the Plaintiff for occupying the premises illegally. At a hearing before a Clerk Magistrate on March 27, 1997, it was admitted that the Plaintiff was storing his equipment and inventory in the building which constitutes an illegal occupancy. I J. On March 31, 1997 I ordered the City Electrician to terminate electric service at 14 Franklin Street . Massachusetts Electric Company was subsequently notified to affect this termination. 10 . On April 22, 1997 I again performed a site inspection at 14 Franklin Street at approximately 4 : 00 p.m. , 11 . I observed that Mr. Burnham had recently installed two trailers at the site, neither of which were present during the construction of the building. I did not observe any electrical connection to these trailers . There is no ongoing construction at the site. 12 . In my opinion, these trailers constitute a violation of City Zoning Ordinance, Section 7 . 1 . 13 . On April 22, 1997 I also observed an individual, known to me as an employee of Mr. Burnham, exit the building at 14 Franklin Street . 14 . During the course of litigation, Mr. Burnham has revealed that his business had been evicted by the Commonwealth of Massachusetts from its prior location on Commercial Street in Salem. This eviction occurred in early 1996. 15 . At no time during the many pending ratters between the City and Mr. Burnham has he made known to me where his present operating office is located. i 2 1 16 . In my opinion, the Plaintiff is currently illegally occupying the building and trailers for the purpose of conducting the various business interests of Mr. Burnham without the proper permits or Certificates of Occupancy. 17 . Because construction was completed at the premises without the required inspections or permits, continuation of electrical service to the site may � I constitute an unsafe condition and possible fire I� hazard. Signed under the pains and penalties of perjury. Dated: April 23, 1997 Leo E. Tremblay I 1 3 9-05-1996 6:35PM FROM ELECTRI•C_DEPT- 508 745 d638 P. 2 (Ditu of t rtn' massac4usetts U fa Ilubhe 1prupertg i3epartment �uitiling �epnrtment (Oen dslem Oireen � ,r„ 598-745-9595 VNI. 390 to Leo E. TrembWe Director of Public Property Inspector of Building Zoning Enforceinent Officer ix co' Mr. Paul Tuttle City of Salem Electrical Dept. Salem, MA RE: 14 Franklin St. Salem, MA Dear Mr. Tuttle: My off:-ce has posted a Stop Work order at 14 Franklin St. , job permit 11609-95 as' of December 19, 1997. The owner continues to use said property without proper inspection, and Certificate of Occupancy despite the Stop Work order issulad. Per Sel,:tion 103.0: Installation of service equipment, and Section 103.1 (copy enclosed) of the Massachusetts State Building Code, 1 am requesting that the electrical meter be removed until such time a Certificate of Occupancy has been issued. Thank you in advance for your anticipated cooperation regarding this matter. Sincerely, Leo Tremblay i Building Commissioner c.c. Kevili Daly Ward Councillor 9-05-1996 6:35PM FROM ELECTRIC_DEPT, 508 745 4638 P. 3 AUMINWHAOUN ANU tNfUHta1V1EN1 Department of Public Safety shall be notified in writing within seven (7) working days cf any action taken under this section. 101.4 Referenced Standards., Where differences occur between provisions of this code and referenced standards, the provisions of this code shall apply. SECTION 102.0 ORDINARY REPAIRS 102.1 General: Except as provided in Section 113.1,a permit shall not be required for ordinary repairs to buildings and structures. SECTION 103.0 INSTALLATION OF SERVICE EQUIPMENT 103.1 General: When the installation, extension, alteration or repair of an eleval.or, moving stairway, mechanical equipment, refrigeration, air conditioning or ventilating apparatus, plumbing, gas piping, electric wiring, heating system or any other equipment is specifically controlled by the provisions of this code or the apprrved rules, it shall be unlawful to use such equipment until a certificate of approval has been issued therefor by the building official or other agency having jurisdiction. SECTION 104.0 MAINTENANCE 104.' General: All buildings and structures and all parts thereof,both existing and new, shall be maintained in a safe and sanitary condition. All service equipment, means of egress, devices and safeguards which are required by this code in a building or structure, or which were required by a previous statute in a building or structure, when erected, altered or repaired, shall be maintained in good working order. 104.::: Owner responsibility: The owner, as defined in Article 2, shall be resprnsible for the safe and sanitary maintenance of the building or structure and its mi.tway facilities at all times, unless otherwise specifically provided in this code. Corrected 780 CMR - Fifth Edition 1-3 . 9-05-1996 6:36PM FROM ELECTRIC—DEPT— 508 745 4638 P. 4 BURNHAM ASSOCIATES INC. Marine Contractors • Engineers January 6, 1997 x Paul M. Tuttle Electrical Department 44 L.-faye:-- Street tb Salem, Wk 01970 Re: 14 Fninklin Street V 'Y Dear Mr, :'uttle: W :are in receipt of your letter dated January 2, 1997. You should be advised that .our differeincc of opinion with the building inspector has been appealed to the State Building Code Appeals Board pursuant to Section 126 of the Massichusetts State Building Code. The effect of this appeal(under Section 126.3.2)is to stay all proceedings with regan9 to 14 Franklin Street. Your office is therefore precluded as a matter of law from takir.,; any action until the matter is resolved by the Appeals Board. Al though the law now prevents you from taking any action, we are curious to know wha':the`Building Code violations"referred to in your letter are. It is unusual that you make-:his statement, in light of the fact that you personally signed off on the electrical inspections. We are anxious to rectify any alleged violations and be in compliance with Code. Year cooperation in identifying any problems would therefore be appreciated. If you do no I have this information, please identify who it was that told you to write the letter. Sincere / Craig Burnham President, Burnham Associates, Inc. CCB/mks GC: �ec�� �e�„bGai� ,l3N�fu�ivw -�''•� /-iS•9'7 S Dearborn Stree Salem, MA 01970 Telephone (508) 745-1788 Fax (508) 741.1984 . 9-05-1996 6:36PM FROM ELECTRIC_DEPT_ 508 745 4638 P. 5 of JUkra' ��tchusetf� Paul AL Tub Ir (III!] Urrttutan: 44 'Exfa; 9-05-1996 6-37PM FROM ELECTRIC_DEPT-_ 508 745 4638 P. 6 C�"K Chita of3ttlem. Massoc.ufi.etts Ri� �ubiic Vrupertg �e}tartment � ' �uilaing i9epnrtment (Ong tbffitm (;teen 506-745-9595 Ekt. 366 +:o E. Tremblau rector of Pubiic Property ,spector of Budding rl :)ning Enforcement Officer December 19, 1996 sa N 7 e -i Craig Burnham Trustee Franklin St . Realty Trust x x 26 Dearborn Street v Salea., Mass . 01970 RE: 1.4 Franklin Street Dear 3urnham Associates : `Reference to my Novembcr 22 , 1996 letrer, you have failep to submit to this office the proper floor plan layou ` of your office building. You have also failed to contal.t the Building Department to conduct proper inspection of the interior of the building, and have chosen to enclose walls without first obtaining rough inspe :tions . You have failed to submit proper floor plans (per my several request ) . You have failed to call for proper inspections for these reasons per Article One, Section 114. 7 ., 119 . 1 , 111 . 2, 111 .3 of the Massachusetts State build::ng code. This office is revoking permit #609-95 as of De::ember 19, 1996 . !'ou are to cease & desist all work at once. You are also requested to stop all occupancy of building at once, until proper drawings have been submitted and approved by the B3ilding Department, acrd all required inspections have been ':)erformed . Sincerely,_ Leo E, Tremblay Zoning ­Enforcement Officer LET: :i Cat cc: Vaul Tuttle ( harlie Quigley Nevin Dalv Tito of '*ttlem, Massor4usetts Public Propertg 'Department iguilbing Department (One *alem c6rten 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 19 , 1996 Craig Burnham Trustee Franklin St . Realty Trust 26 Dearborn Street Salem, Mass . 01970 RE: 14 Franklin Street Dear Burnham Associates : Reference to my November 22 , 1996 letter, you have failed to submit to this office the proper floor plan layout of your office building. You have also failed to contact the Building Department to conduct proper inspection of the interior of the building, and have chosen to enclose walls without first obtaining rough inspections . You have failed to submit proper floor plans (per my several request ) . You have failed to call for proper inspections for these reasons per Article One, Section 114 . 7 , 119 . 1 , 111 . 2 , 111 . 3 of the Massachusetts State building code . This office is revoking permit #609-95 as of December 19, 1996 . You are to cease & desist all work at once . You are also requested to stop all occupancy of building at once, until proper drawings have been submitted and approved by the Building Department, and all required inspections have been performed . Sincerely, � Leo E . Tremblay '/ Zoning Enforcement Officer LET: scm cc: Paul Tuttle Charlie Quigley Kevin Daly Councillor Hayes , Ward 6 � r and 9& d '4�moY&z&Q�g7 WILLIAM F.WELD KENTARO TSUTSUA co�emot ..,Fladla�, ,�veaa:rfzueede, 02908 a�(m,.e KATHLEEN M.OTOOLE THOMAS L:ROCEF Sottet„y TEL (617)727.3200 FAX: (617)227-1754 Adminh tato, STATE BUILDING CODE APPEALS BOARD - SERVICE NOTICE DOCKET NUMBER: (State Use Only) 6(J r k (�I j Gf vy , as I ( for the Appellant Petitioner /JfirK L tM 14.57'oc i2 7e5. jac • in an appeal filed with the State Building Code Appeals Board on 196 HEREBY SWEAR UNDER THE PAINS AND PENALTIES OF PERJURY THAT IN ACCORDANCE WITH THE -PROCEDURES ADOPTED BY*THE STATE BOARD OF BUILDING REGULATIONS AND STANDARDS AND SECTION 121.2.1 OF THE STATE BUILDING CODE, I SERVED OR CAUSED TO BE SERVED, A COPY OF THIS APPEAL APPLICATION ON THE FOLLOWING PERSON(S) IN THE FOLLOWING MANNER: NAME AND ADDRESS. OF _ PERSON/AGENCY SERVED METHODOFSERVICE . DATE CF SERVICE L_eo T/ziyb a - Signature: APPE T/PETITIONER On the )J Day of D��/-'n QAZ. 19 9L , PERSONALLT APPEARED BEFORE ME THE ABOVE NAMED SRR/G ,B /A.1 Wj 17 _ (Type or Print the Name of the Appellant) AND ACKNOWLEDGED AND SWORE THE ABOVE STATEMENTS TO T E. v NO Y PUBLIC MY COMMISSION EXPIRES �X& al .�.�iawnac.�,dale o�x.�ufdve� One,S&AkZX6,-z,Aw" - wain.Isne VILLIAM F.WELD /D ' 0 '08 KENTAROTSUTSUM, r Car •A Cl-hr THLEEN M.OTOOLE THOMAS ROGER. S""t"y TEL-(617)7273200 FAX:(617)227-1754 Admi.b4 t,, STATE USE ONLY Fee Received: Check No. : STATE BUILDING CODE APPEALS BOARD Received By: APPEAL APPLICATION FORM DOCKET NUMBER: DATE: DtceN46t; ;QUI (State Use Only) The undersigned hereby appeals to the State Board of Building Regulations and Standards from the decision of the: Building Official from the City/Town of: Sa1e4y\ Board of Appeals from the City/Town of: Other Municipal Agency/Official entitled: State Agency/Official entitled: OTHER: Dated:1Ai2.4,'A0 t S(X919 C(((r, having been aggrieved by such (check as appropriate) Interpretation El Order Ltd Requirement ❑ Direction ❑ Failure to Act LSTll� Other ❑ Explain Subject: (Submit a brief statement of reasons and principal points upon which the application, appeal or petition is based) All appropriate code sections must be identified. All written supporting documentation must be submitted with this application. Parties may present written material at the hearing. However, the Board reserves the right to continue the proceeding if such material warr ents extensive review. �"i1a`�J PZ(-w 4 i5sve.�( a-14 PIAhS c:,p�r^evthL(t\ !VGJL.NIaL' (�(�1945. �nsgecF cek�r..e� Ar cz.-FOc n ,slw: C�5 anfi44,trt (n �FUjUec+i , .si Ce7vzs}e<Q zr� tz -kk-Ai ' � ) � + State Biefly desired relief: P'eAv^ ��sq�./ck� :©.,s — ce:�s�La�� b 7 .`tK=may O fM — isSUL Q ccu(I+n cy p{ Mt1 APPELLANT: ADDRESS FOR SERVICE:—2, C/le�. /%FY CJ'���lJ Telephone No. ADDRESS OF SUBJECT PROPERTY:_ 7 �( r�����i'cy S/ fcj��<y, /1A 62/77C APPEL: T'S CONNECTIO ( TO SUBJECT PROPERTY: 1I7- rNdoL-i SIONAT brOF APPEISANT/REPRESENTATTVE i STATE BUILDING CODE APPEALS BOARD )Over Page) DESCRIPTION OF, BUILDING OR STRUCTURE RELATIVE TO THE MASSACHUSETTS STATE BUILDING CODE (5th EDITION) : (Check as appropriate) // Existing Construction M Approximate Age of Building_1 years (if existing) Proposed Construction ❑ USE GROUP (Article 3) : (Check as appropriate) A (Assembly) ❑ A-1 ❑ A-2 ❑ A-3 ❑ A-4 ❑ A-5 ❑ B (Business) -� E (Educational) ❑ F (Factory) . ❑ F-1 ❑ F-2 ❑ H (High Hazard) ❑ I (Institutional) ❑ I-2 ❑ I-3 ❑ M (Mercantile) ❑ R (Residential) ❑ R-1 �_ R-2 ❑ R-3 `❑ R-4 ❑ (1 or 2 Family Dwelling) S (Storage) U (Utility) ❑ Mixed Use Group ❑ (Specify Uses) Special Use ❑ (Article 6) Describe Briefly the Use of the Building ©UCC �jO%u cJl b� �c<<ng iS �2�Gti'cK O'TFi C2 Spc1cQ t 2m< 2� Ce.� rcic�ars 5� l 2s- bltshrn )over Page) iSTATE BUILDING CODE APPEALS BOARD CONSTRUCTION TYPE (Article 4) : (Checx as appropriate) 1A ❑ 1B ❑ 2A ❑ 2B ❑ 2C Q 3A ❑ 3B ❑ 4 ❑ 5A ❑ 5B ❑ Number of stories aboverade g � { Number of stories below grade (Include basement or cellar) ;y}•fie, 3y 3 G Total Floor Area (all floors) Floor Area .1 Aper floor ,4 'Flyer k0170 tri Automatic Fire Suppression System installed ? Yes lJ , No ❑ Automatic Fire Suppression System proposed ? Yes ❑ No ❑ Describe- Briefly the Construction of the Building: (� _S4z�1 tfa�nct skeet skin . -,ems- C4'-A- OfLC:dl ec��cd2 Cd\icrz , THIS SECTION TO BE COMPLETED FOR EXISTING BUILDINGS ONLY Proposed work (check as appropriate) ; ' Repair(s) ❑ Alteration(s) ❑ Addition(s) ❑ Will there be a change of Use Group associated with the proposed work ? Yes ❑ No ❑ If yes, Use Group Changed from to Has a building evaluation been performed in accordance with Appendix F, Section F- 104? Yes ❑ No ❑ if yes, submit evaluation with appeal documentation. h:\users\bbrs\forms\appeals.app Revised 03/95 CITY OF SALEM SALEM, MASSACHUSETTS 01970 ,..OATE :a%-'F: 4 PERMrr%o. 1: . AooREss 70 L,D 1 StATE 'VIP ZIPCOOE 01S3-Z TEL NO. 'T To-�ff���L.-o-j STORY 0FI"-CF- BANX PROFES-.1 mummROF ` DWELLING UN= .ocAT#opo 9014 FRS74N-.KLlli aiREEETT 9-5 AND� MPP 2� LOT_!L402 &-&-'K_ LsotmT 202� ;Q;Z- PC Fr ING IS TORE`__ FT.WOE By-----:—FT.LOUG Py.FT.IN HSGKrANDSK4LLdONFORWIACaISTRUCr*N n-- USEGROUP—' BASEMENTWALLSORFOUNDATION—._ (TYPE) ;jxs: T OR AEPEAMrr 1 ESTWTEoCOsTs— FEE .4�1- R FRAh*LTN RZA 117Y T PUST es DEARFiN, 4-17 I BUILI)ING DEPT. IBY— avacow4mkoMSHTTOO=A'VANY*TFEEr.M"ORSCEWALXORANYPAATrO:*W trrHERWAPOPAFt[LYORPERMAN&MY.&CPA'am 3ucpRoPeR7y.WTWEW"LL 1111-"USTSEAPPF"4EOSYTHEJURiS=noN.VrRL%70RALVGRADESAS=t... qh NO LOCATION OF PUBLIC��:MAZYO'e'WED FROM IME DEPART&ENTOF PUBLIC WORICS.THE WUANOE OF THIS PERMIT D=NOT RELEASE114E ARrFROM71,ECOWITIONSOFANYAP SUBDWISIONFESTACTK*& MAOFTHREECAWNSPECTIONS APPP&WPAMKWSERETAMDONJOBANOTMCAFU) WllERF4PPUCABLESVARATE*, ;:4&AIL EPT O=TllK, POSM UM FINAL INSPECTION HAS SEEN MADE. WHERE A PERMITSAREREOUIMPOR ELECTIRICAL PLUMBING AND ING, A TO COVERING STRUCTURAL CERTIRCATE OF OCCUPANCY IS REQUIRED.SUG14 BUILDING SMALL MECHANWL INSTALLATIONS. BERSOWADY'TOLAN. NOT BE OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. L INSPECTION SP-KM OCCUPANCY. POST THIS CA D SO IT IS VISIBLE FROM STREET BUWNG INSPECTION APPROVALS I PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 2 2 OF HEALTH CAS INSPECTION APPROVALS FILE DEPT.INSPECTING APPROVALS CITY ENGINEER 2 $j�'•'a.• fi: '^wwv£:lw 'R4. r•t SA141.v.'. `471I i 14Y.�S },13'A '''!`•'aR��v'�Y{t5l.f".�,.ry� ti:l'/':��f��lv Jk.•".M :��' „t ; ,,� . . } ". :.. ;Lr:.i�.7�' . +WIrer••• r t.eww.lj! - T \� b T y��{S• w `v� Imo�xw,, "i: 1 7!:w'/ 1 e 1•:; . ..n.•w. 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(;1 T AT 2u!!%it4Gdtlrd fl Lo -C3tt Og 294kJltieCt DU;L ' ' . ;peFmtC tjri xr�. . e� os• ' ' . Amerlceiicd�`' COUNTY • E55EX to` �`��O" a • ���� EtyD:k13E:�U9T . . - ' • • O�I� s4Q;cp�°.tj`�•;•• fi � �' - .M'S�+e•Y'oixidet .. •a dt�•IaYt .. . Ai NN �t5';INDICATED ;� .��. 5S . •.:. ;° ': .- " :.R. tpr Q `�.;' 2.U;tJelttiar3eFjs*f -•alter a•" '' ck or: .. :al . `1Z0ijiJ�'tJG-1 ` G ANE ` ' .. =' . . : •f:: t�« ... �• •.l l.• .>.. 1.,'•`C qty:��.y4k. An- 'Or.-load Ini n.'or.-loadtn coreoetya 9 to ccntaci cil a+1c- i':. 2.13: . t',,o�r,'rarR'i c: '. BVRNTHliM A�►7Qli1t�1T15 11� y` ,: '' . y k e1.7:,: Marine 6ntmrtors • FnBineecer.' ; .':;.`''. '. ±z; _ T"' .. �i 0.14 . : ...,:. ...:..._ :C��,.%rye •'> - :',t.�:.•'.=e,,Zilt:fi:i'1••'�^:�:�S=,:,: 4ZT 4•C.. • � ���t.� .:rim-X.: �Yi.✓" i:y+:'�i. M Pi .,.n y,�.• r.. .4• :.u.' S;:475`?,"''.:..:•'F:.. - ' .�'A.iiL� �� ::tin•�y.5-1,,� 7=.�4YL.Ff�': December 11, 1996 . +; ::, ' F. 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Tremblay City.of Salem -;.., Building AeP C' HaII.AnnexV. :.One.Salem Green Sale MA 01970 Dear Mr.:Tremblay: We are in..receiipt.of your letter of.November 22:'--l-q-9 wherein you site-ipspecuans(both rough and>5na1)<t�at baye not.be ?x- all 'Please be advisedthat your office as-well;;as tliose;rgtesemt�ngp�han _ •" z insl�yyoas.for..the;pity„vi!erecontacteddu�igeach.,andat; .,�3g�°��• ; ..���,;,wr � � a G ' Francts;Bucnlia�:yafortosmethathespetl�e_'witl :youpersonallyAno,�;eb�„ �1 ��e:;�yw ,.,:y}; .�;'.:;'-;;I,; oCarti d aiou,,{, •ectioh_o�;waA`areasaa.,the�.lr� ��1g" .�s" y��v� ,;,w , -eh .t wa63n�h1�, ,,.�_y..'',;.�."jam--w-r�..; .b".:..�` P ::: `` £�v�rix"� >:°_r�'•+aRfVf�Il����` �' ���r , - coverbd�wrthvi�ail-board:"Your•responsewasoneofutter-dismteresf`t;4@ct�'�f'.:,�1?„_ ,,.,,,.°,. „ As well, on June 28, 1996, a request was.made fo,the Salem DPW:for is �Yy 4n QF *e� , * . . -�.\='-ax�S:Y..r:rn'2_, ..••)•p... i?... . .TA`s.%�!F.:'.'l:i::i' to the buildingbefore...... llin9 the trench,: only hours earlier Nk.William Linsky.had ittfohned'them:of titie; -t: After speakingii ith our contractors Snd tliat;'41146 hfins: > e pr ` r .. .. . . ,. ... .: date.:... . ; ;a:, onlythe Cs eiectnealit inspeeo :has.signed;.Q .� >.-<--• ,L: •��•��s:-_-:;'. _ building on11128/96.. As for the Seal plumbing:inspection, to give us.an inspection given that the Ctty is un}Villing to supglyuS��ra', �€a9• ONION pesxi ins. On'de at'zm nt;h8s-not-,,Yez.-:.V by us. The office.of 'the,City's fire. .,: p. {7.. inspection, erm thus I have no way of detiriin their intention at.this fiat_,n,.;' _ ;_;,, ;;,'. '. :.+..r;_v< : ; ., ;,,._.;•.: .V,.... t.::.. . h 4 V? "1 ky alt,po. ..Pw S' y l r t u'3 A ® c e - •°• 'S'sY ,LJ4 t�dZ'y. 1?'✓, �� a..ry it r '. \ r rE7'FFr�y S�y��'�a ((ri• ay°'�.,g tr- - t* ' ew •i �! :.• 1 • 1 1 - • iit o I = Tri' �.{ r ciSl1^ �vJ 11 - 1 • O YY Y C 1 _ 1 YI d 1 Y � 1 E 1 a §y�{�G Nr'f >` Y..^'atY �' y r • ' 111 ' •• YI • 11 - : lue - e,Y, ule ' o '-, `e . i1 • k ..OI f • l O ° 1 � •3. 1. 1! • 0 t.\Yu � ; d JFr�^."rlll\e� ! �'i .. 1 - 41 .� fl • tuYO� .au . .1:�1 . _ • <. Yv. � '�j°�''t-ixTe u e ,u ctltp a ( �„*.�1 � "`��.J N.°• W - 1 • • O • + 1 - - 1 t -- e ! e.d0 01 •YE� �°u1� �it CfJ L-�11 IL ly rl S°.l f Z• _ . 1 . 1 • . - . ..1 O t .: • 6 � O � -< • f t .1y f� a.I i�t-t I M •A 1 � • v 1{� u e - t Y2 0 0 1 : - 1 I . 1 : 1 • • 1 • 1 ' x l t : w = e v • o e ! �n E r J 0a 'r!o°1 c( �Y 1". < �,•, Ts IIII' 1 1 " I • "f/oYya� 'JYI'.AI Tol'1'�'fY•b�"��'+.k. rRk I • • _ • i - I a e • 1 v o• e e ��,oest � �, • ;�`�•,art ��IA���.��,�ti"', '�wt ! � r✓ i 5 , iJ,,,:Kt^3' ;/+ Fra., rh � � sr r r✓ •° 1 t o. t +� c Ib'3 ice`' 'Ctst'a �1"�,.v th d'° yap aalS f\C2f Y 1, h rY (lf PC.T.,l 'Y f �{ ' 15l I ra 5^R'✓�,nfp'• r+. r�r'F r1},'X V�.�C^d}r �i F� 1..F' jr. . SxhSJ""�}_!�`{,r.rt`Sq�L�S;;,�fT�YeZ..�z �Rf{ ft.,• r•, fis t •.1 WI 1rr 1,yF 7AR-✓,,.yS'"3 S���:C £U rY !F .ety 1p •-�. ' a T ''k✓+'c v'' r`{ ki uI7,��5 � ? �n yam' q • -Hi,✓4.y\S. ' .'thy�'wyw 5�e'y���V �.a. �" W t*r Vies r➢'�.rC! *;firY' y r• 1._ — ,.. , J.3 \T bK�y�14 � rr>C Jnr r iv Vv�h S ✓ fr . tg�1f4 xs3 V�je{j i � f ¢iv yx! y lr ir' �„yi.r (�itu of 3ttlem. fibssttc4usetts Public Propertg Department iluilbing Be}rartment (Out dalrm (5rrcn 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 19, 1996 Craig Burnham Trustee Franklin St . Realty Trust 26 Dearborn Street Salem, :".aaz . 61970 RE: 14 Franklin Street Dear Burnham Associates : Reference to my November 22, 1996 letter, you have failed to submit to this office the proper floor plan layout of your office building. You have also failed to contact the Building Department to conduct proper inspection of the interior of the building, and have chosen to enclose walls without first obtaining rough inspections . You have failed to submit proper floor plans (per my several request) . You have failed to call for proper inspections for these reasons per Article One, Section 114 . 7, 119. 1, 111 . 2, 111.3 of the Massachusetts State building code. This office is revoking permit #609-95 as of December 19, 1996 . You are to cease & desist all work at once. You are also requested to stop all occupancy of building at once, until proper drawings have been submitted and approved by the Building Department, and all required inspections have been performed . Sincerely,_ Leo E . Tremblay Zoning Enforcement Officer LET: scm cc: Paul Tuttle Charlie Quigley Kevin Daly Councillor Hayes , Ward 6 3 Titu of igtt1Em, fflttssor4usetts Public Prnpertg Bepartment iguilbing Department (One #nlem (careen 508-745-9395 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 22 , 1996 The Franklin St. Realty Trust Burnham Associates 20 Dearborn Street Salem, Mass . 01970 RE: 14 Franklin Street Dear Burnham Associates : Per reference to your letter dated November 13 , 1996 . The drawing you provided me at the job site on November 7 , 1996 during our visit, was one in the same that this office rejected on June 11, 1996 except for the wording of "Office Space" "Inventory Storage" instead of "Warehouse" . My findings are still one and the same as described in my June 17 , 1996 letter (Letter enclosed) . As for my visit satisfying my concerns : 1 . Rough inspections were conducted by the plumbing inspector for the second floor level , but the building inspector was not contacted to make a rough inspection before closing of wall partitions with sheet rock. 2 . Exterior walls were not inspected by the building department at second floor level to enable sheet rock to be installed at exterior walls . 3 . No inspections were requested by your contractor before the suspended ceiling was installed at second floor level . This office responded to all requested inspection while foundation work and steel fabrication work was on going. We also inspected the pre-stress concrete panels at second floor level during and after installation. This office was not notified prior to your installing the sheet rock walls and finish ceilings to perform a rough inspection. On my visit of November 7 , 1996 it is my belief that you are occupying said building without an occupancy permit and performing non-conforming use in said structure . I am requesting that you stop illegally using said structure and start conforming with building codes and zoning ordinances . Please contact the Building Department to make proper inspections at the proper time of job sequence . I truly feel you have or your contractor has purposely neglected to contact us for proper inspections . This office will be awaiting proper drawings and telephone calls to conduct the proper inspections . Sincerely, Leo E. Tremblay Inspector of Bui dings LET: scm cc: Kevin Daly Councillor Hayes �Z y COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT NO. y� -n CRAIG C. BURNHAM, TRUSTEE OF THE FRANKLIN STREET REALTY TRUST and ) BURNHAM ASSOCIATES, INC. , i Plaintiffs L �I V s. CHARLES F. QUIGLEY, CITY ENGINEER and ) DIRECTOR OF PUBLIC SERVICES OF THE CITY ) OF SALEM and CITY OF SALEM, ) Defendants ) PLAINTIFFS' MOTION FOR A TEMPORARY RESTRAINING ORDER Plaintiffs move pursuant to Mass. R. Civ. P. 65(a) , with notice, for a Temporary Restraining Order on the terms set forth below. Plaintiffs request that the Order be valid for a period of ten (10) days from the date of the Order, or for such longer time as, upon application of Plaintiffs, is necessary to complete the water main repairs already in progress at 14 Franklin Street. Plaintiffs respectfully request that a Temporary Restraining Order issue restraining: - Charles Quigley, the City of Salem, or any agents, servants and employees of the City of Salem and the City of Salem Department of Public Services from interfering with the execution of the repair work, and completion of all construction and excavation necessary to complete the repair work, under Department of Public Services Permit # 103-96 dated October 15, 1996, and to refrain from all conduct which would interfere with the repair and reestablishment of water and sewer service to 14 Franklin Street, Salem. DALY & DALY ATTORNEYS AT LAW 32 CHURCH STREET SALEM, MASSACHUSEM 01970 KEVIN T. DALY TELEPHONE (508) 745-0500 OF COUNSEL MARGARET DALY CRATEAU FAX (508) 745-6606 RICHARD E. DALY May 13, 1996 Attorney Keith W. Kauppila One Winthrop Square Boston, MA 02110 Re : Burnham Associates, Inc. Dear Keith: Please find enclosed a copy of a letter sent by Mr. Francis C. Burnham on company stationary to Mr. Leo Tremblay, our zoning enforcement officer. I have instructed Mr. Tremblay to ignore this letter and I trust you will speak to your client about this . Thank you for your attention. Very truly yours, KEVIN T. DALY KTD:dmm Enclosure cc : Mr. Leo Tremblay Attorney Robert LeDoux APPLICATION U ADULT " RTrial Court of Massachusetts FORCOMPLAINT ❑ JUVENILE lr �k( - 6e_-' District Court Department F ❑ ARREST ❑ HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within SoBTn I)h*kt Court named defendant, charging said defendant with the offense(s)listed below. Washington 01970 DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE ,66 Washington9in Ot Shiniest 4/17/96 2/95 14 Franklin St. NAME OF COMPLAINANT City of Salem Zoning Officer, leo Tremblay NO. OFFENSE G.L. Ch. and Seo ADDRESS AND ZIP CODE OF COMPLAINANT ' City of Salem Zoning t Violation of encroachment One Salem Green Salem.,_Hk_01970_-—__- 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT Burnham_Ass oplate s.-------------,_-- Craig Burnham, Trustee 3. of—the Franklin st. Realty Trust 26 Dearborn St. _Salem,_MA_ 01970 _. - - a. COURT USE I A hearing upon this complaint application I DATEOFHEARING TIME OF HEARING COURT USE ONLY will be held at the above court address on (G , AT J 3t-) 9,tf/ ONLY CASE PARTICULAR — 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,gA,etc. 1 2 3 4 OTHER REMARKS: Continually failing to comply with the City of Salem Zoning Ordinance. Also defying Judge Kilborn order. « X SIGNATURE OF COMPLAINAN DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. , DATEOF BIRTH PLACE OF BIRTH SOCIALSECURITY NUMBER SEX RAC I WEIGHT EVE HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME 0 O 3 z z z 0 0 0 DC-CR2(3188) iA APPLICATION E ADULT ' " BER Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE istrict Court Department ❑ ARREST L16 HEARING ❑ ONS ❑ WARRANT „ COURT DIVISION The within named complainant requests that a complaint issue against the within swam Dish't:'t�r,F6wt named defendant, Charging said defendant with the offense(s) listed below. 65 Wasmngton Street DATE OF APPLICATION I DATE OF OFFENSE PLACE OF OFFENSE M&01970 2/2/96 1/95 14 Franklin Street NAME OF COMPLAINANT City of Salem Zoning Officer/`;46, f »z ' NO. OFFENSE G.L. Ch. and Seo ADDRESS AND ZIP CODE OF COMPLAINANT City of Salem Zoning One Salem Green I. Violation of encrochment Salem, Mass. D1970 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT Burnham Associates fe<-ja',,4 � yL2 z f/r.�rr _ 3. 26 Dearborn Avenue ' Salem, Mass. 01970 4 COURT USE I A hearing upon this complaint applicatio DATE OF HEARING TIME OF HEARING COURT USE ONLY will be held at the above court address n C AT 141•. f—ONLY CASE PARTI ULARS — t3E SPECIFIC NAME OF VICTIM DESCRIPTION D PROP TY VALUE OR PROPERTY T E OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under BSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 1 2 3 4 OTHER REMARKS: Continually failing to comply with the City of Salem Zoning Ordinance. Also defying Judge Kilborn order. X SIGNATURE OF COMPLAIN4 T DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYER/SCHOOL MOTH ER'S NAME(MAIDEN FATHER'S NAME 8 3 v 8 DC.CR2(3188) DALY & DALY ATTORNEYS AT LAW 32 CHURCH STREET SALEM, MASSACHUSETTS 01970 RICHARD E.DALY TELEPHONE(508)745-0500 KEVIN T.DALY FAX (508) 745-6606 MARGARET DALY CRATEAU September 27, 1995 Leo E. Tremblay City of Salem Zoning Enforcement Officer One Salem Green Salem, MA 01970 Re: 14 Franklin Street Dear Mr. Tremblay: On September 25, 1995 a Land Court Judge ruled that any zoning violations by the owners and occupants of 14 Franklin Street must be taken to Salem District Court for enforcement. This includes encroachments over to 12 Franklin Street and 16 Franklin Street as well as encroachments beyond the mean low water mark. Most recently, Mr. Burnham has located his equipment beyond all three of these boundaries. Accordingly, please view the premises and notify Mr. Burnham promptly of any violations. Thank you for your attention. Very truly yours, Z� 4AL \keg \092795 Ctu of t'�ttlrm, ,fttssar4usetts Public Propert p department lid. uilDing Department lone *stem Treen 588-745-9595 Ext. 388 Leo E. Tremblay Director of Public Property Inspector of Building September 29 , 1995 Zoning Enforcement Officer Burnham Associates 26 Dearborn Avenue Salem, Mass . 01970 RE : 14 Franklin Street Dear Mr . Burnham: On September 28 , 1995 , this office inspected the waterfront property located at 14 Franklin Street and have found it to be in violation of the City of Salem Zoning Ordinance by encroachment of the properties located at 12 and 16 Franklin Street . You are also in violation of encroachment beyond the mean low tide water mark. You must cease and desist these violations at once . Failure to do so will result in legal court action being taken against you. Please contact this office upon receipt of this letter to inform us of your course of action in this matter . Sincerely, Leo E . Tremblay ✓/ Inspector of Buildings LET: scm cc: Kevin Daly Councillor Hayes , Ward 6 Certified Mail # P 921 991 840 00 PLAINTIFFS ATTORNEY: Please Clyde Type of Action Involved{MOTOR VEHICLE TORT rr CONTRACT — EQUITABLE RELIEF OTHER.) COMMONWEALTH OF MASSACHUSETTS 0 ESSEX, ss. SUPERIOR COURT e CIVILcAC IB CRAIG C. BURNHAM, INDIVIDUALLY, and as TRUSTEE No. OF THE FRANKLIN STREET REALTY TRUST, �i and BURNHAM ASSOCIATES, INC. W -------------------- ................. -- ............................. , Plaintiff(s) v a CITY OF SALEM, CITY OF SALEW-CONSERVATION COMMISSION, LEO E. TREMBLAY, INSPECTOR OF BUILDINGS OF THE CITY OF L SALEM, and NEIL J. HARRINGTON, MAYOR OF THE CITY OF SALF�lefendant(s) ............................... .. . ... . . ................. . ......................... , ; a T v 0 5 SUMMONS 6 To the above named Defendant: LEO E. TREMBLAY q Keith W. Kauppila, Esq. e You are hereby summoned and required to serve upon ............................................................................................... One Winthrop Square, Boston, MA 02110 3 e plaintiffs attorney, whose address is .......................................................................................................... . an answer to the m u C i g4 complaint which is herewith served upon you, within 20 days after service of this summons upon you,exclusive of the aa day of service. If you fail to do so,judgment by default will be taken against you for the relief demanded in the ae complaint. You are also required to file your answer to the complaint in the office of the Clerk of this court at o R Salem ........................................................ either before service upon plaintiff's attorney or within a reasonable time thereafter. aUnless otherwise provided by Rule 13 (a),your answer must state as a counterclaim any claim which you may have against the plaintiff which arises out of the transaction or occurrence that is the subject matter of the plaintiff's °e `a claim or you will thereafter be barred from making such claim in any other action. a 3 � 0 3 Y � WITNESS, Robert A. Mulligan, Esquire, at Salem, the 18th o - daof June z y , in the year of our Lord one thousand a nine hundred and ninety- SIX. 0 z m LU ATR COPYATTEST: o 91�t LUr heriff U E O 8 z *9 �� ���� Clerk NOTES: I. This summons is issued pursuant to Rule 4 of the Massachusetts Rules of Civil Procedure. 2. When more than one defendant is involved,the names of all defendants should appear in the caption. If a separate summons is used for each defendant,each should be addressed to the particular defendant. Office 1130 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT NO. 9G-9703 r. CRAIG C. BURNHAM, INDIVIDUALLY, and as ) TRUSTEE OF THE FRANKLIN STREET REALTY ) TRUST, and BURNHAM ASSOCIATES, INC., ) Plaintiffs ) COMPLAINT VS. ) and CITY OF SALEM, CITY OF SALEM ) CONSERVATION COMMISSION, LEO E. ) JURY CLAIM TREMBLAY, INSPECTOR OF BUILDINGS OF ) THE CITY OF SALEM, and NEIL J. ) HARRINGTON, MAYOR OF THE CITY OF SALEM, ) Defendants ) Parties 1. Plaintiff Craig C. Burnham is a citizen of the Commonwealth of Massachusetts, residing in the City of Salem, Essex County. 2. Plaintiff Craig C. Burnham, Trustee of the Franklin Street Realty Trust, Under Declaration of Trust Dated September 9, 1992, is the owner of property located at 14 Franklin Street, City of Salem, Essex County. 3. Plaintiff Burnham Associates, Inc. is a corporation, duly organized and existing under the laws of the Commonwealth of Massachusetts, with a principal place of business in the City of Salem, Essex County. 4. Defendant City of Salem is a municipal corporation duly organized and existing as a City within the Commonwealth of Massachusetts, Essex County. 5. Defendant City of Salem Conservation Commission is duly organized and existing pursuant to the provisions and powers as enumerated in Massachusetts General Laws chapter 40, section 8C and City of Salem Code of Ordinances, Section 2-19. / / DATE:R i / / S / 9 L F0.E IN ESSEX SUPERIOR COURT sem--- 6. Defendant Leo E. Tremblay is a citizen of the Commonwealth of Massachusetts, residing in the City of Salem, Essex County. 7. Defendant Leo E. Tremblay is the Inspector of Buildings of the City of Salem, and is the administrative and enforcement officer of the Salem Zoning Ordinance. 8. Defendant Neil J. Harrington is a citizen of the Commonwealth of Massachusetts, residing in the City of Salem, Essex County. 9. Defendant Neil J. Harrington is the Mayor of the City of Salem. COUNT I - G.L. c. 12 9 11I 10. At all times relevant hereto, Defendants and their agents, servants and employees, through threats, intimidation and coercion, did deprive Plaintiffs of rights, and did interfere with Plaintiffs' exercise of rights, secured by the Constitutions and laws of the United States of America and the Commonwealth of Massachusetts. 11. As a result of the foregoing, Plaintiffs sustained damages and inury. WHEREFORE, Plaintiffs demand that judgment be entered in their favor against Defendants in an amount mete and sufficient as compensatory money damages, plus the costs of the litigation, and attorneys' fees. COUNT II - Abuse of Process 12. At all times relevant hereto, Defendants and their agents, servants and employees commenced legal actions against Plaintiffs, both criminal and civil . 13. The legal actions were commenced for ulterior purposes, and to achieve ends other than the apparent ends of the underlying litigation processes. 14. As a result of the foregoing, Plaintiffs sustained damages and injury. WHEREFORE, Plaintiffs demand that judgment be entered in their favor against Defendants in an amount sufficient to compensate for the damages sustained, plus interest, costs, and attorneys' fees. COUNT III - Malicious Prosecution 15. At all times relevant hereto, Defendants and their agents, servants and employees commenced legal actions against Plaintiffs, both criminal and civil . 16. Defendants lacked probable cause in commencing the legal actions. 17. As a result of the foregoing, Plaintiffs sustained damages and injury. WHEREFORE, Plaintiffs demand that judgment be entered in their favor against Defendants in an amount sufficient to compensate for the damages sustained, plus interest, costs, and attorneys' fees. PLAINTIFFS CLAIM TRIAL BY JURY PLAINTIFFS, By their attorney, 0 Keht W. Kaupola BBO# 542086 One Winthrop Square Boston, Massachusetts 02110 (617) 695-9092 Dated: April 5, 1996 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT MISCELLANEOUS CASE NO. 192580 CRAIG C. BURNHAM, TRUSTEE OF THE FRANKLIN STREET REALTY TRUST and BURNHAM ASSOCIATES, INC. , Plaintiffs Vs. CITY OF SALEM and LEO E. TREMBLAY, INSPECTOR OF BUILDINGS OF THE CITY OF SALEM, Defendants J U D G M E N T This action was tried and a decision of today' s date was rendered. In accordance with that decision it is ORDERED and ADJUDGED that plaintiffs' marine contracting business is a valid prior non-conforming use to the extent carried n within plaintiffs' property at 14 Franklin Street, Salem, including activities within the sidelines extended offshore . Plaintiffs' activities outside the sidelines are not such a use. No injunctions are necessary, except that I do order that the Building Inspector not, for the alleged reason that the marine contracting business is illegal, withhold either: 1) approval of plaintiffs' application for a building permit for the office building described in the decision, or 2) completion of the seawall application. Plaintiffs have not shown any monetary damages and so I dismiss Count V. I find that Section 8-3 (3) of the Zoning Ordinance is invalid to the extent that it disqualifies uses discontinued for less than two years . By the Court . (Kilborn, J. ) Attest : Charles W. Trombly, Jr. Recorder Dated: November 7, 1994 \w�''...�t....j-'%�� a 5a �J,•�J 9d✓����� { COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT MISCELLANEOUS CASE NO. 192580 CRAIG C. BURNHAM, TRUSTEE OF THE FRANKLIN STREET REALTY TRUST and BURNHAM ASSOCIATES, INC. , Plaintiffs VS . CITY OF SALEM and LEO E. TREMBLAY, INSPECTOR OF BUILDINGS OF THE CITY OF SALEM, Defendants D E C I S I O N This action is brought pursuant to G.L. c. 185, § 1 (j 1/2) and G.L. c. 240, § 14A. Plaintiffs seek a determination of the extent to which the City of Salem (the City) Zoning Ordinance affects the use of their land (locus) located at 14 Franklin Street (Lot 403 on Assessor's Map 26) on the North River. Plaintiffs allege their use of locus for their marine contracting business is a nonconforming use protected under G.L. c. 40A, § 6 . Plaintiffs allege the property has been used, without significant interruption, for marine and other contracting businesses since before the City adopted zoning until the present . Plaintiffs purchased locus in September, 1992, but they have occupied a part of locus from as early as April , 1980 . After the purchase of locus, Defendants caused a criminal complaint to be issued against Plaintiffs for alleged zoning violations. Defendants then refused to complete an application for maintenance of the existing seawall and refused to accept Plaintiffs' application for a building permit for the construction of an office building at locus . Plaintiffs' Amended Complaint is in six Counts : Count I requests that Defendants be enjoined from interfering with Plaintiffs' conduct of their marine contracting business . Count II requests that the Defendant Building Inspector be ordered to approve Plaintiffs' application for a building permit for the office building. Count III requests that the Building Inspector be ordered to complete the application for maintenance of the existing seawall . Count IV requests that Defendants be enjoined from proceeding with criminal actions against Plaintiffs, and that a declaration enter stating that Plaintiffs' use of locus is in compliance with the Zoning Ordinance. Count V seeks monetary damages . Count VI requests that the court declare invalid Section 8-3 (3) of the Zoning Ordinance . A trial was held November 3 and December 29, 1993 . A stenographer was appointed to transcribe the testimony. Eighteen exhibits (some with multiple parts) were introduced into evidence; all the exhibits are incorporated in this decision for purposes of any appeal . The following witnesses testified: Plaintiff, Craig C. Burnham; William M. Linskey (a former owner of locus and Plaintiffs' landlord at Locus) ; Charles J. Ferris (who runs an auto junk-yard on a lot abutting Locus) ; Eugene Victory (long time resident of Salem and for many years a heavy equipment rigger in the area) ; defendant Leo E. Tremblay (Salem building inspector and 2 zoning enforcement officer) ; Dennis M. Ross (Salem' s plumbing and gas inspector) ; Debra A. Hurlburt (the administrator of Salem' s Conservation Commission) ; and Jill E. Provencal (license reviewer for the Division of Waterways of the Department of Environmental Protection of the Commonwealth) . I viewed locus on December 29, 1993 . I find and rule as follows (paragraphs 1 through 24 being facts stipulated by the parties August 19, 1993 and in Exhibit 1A) : 1 . Plaintiff, Craig C. Burnham, Trustee of The Franklin Street Realty Trust, purchased locus from William M. Linskey by deed dated September 9, 1992 . 2 . Craig C. Burnham is the President of Plaintiff, Burnham Associates, Inc. , whose activities include the conduct of a marine contracting business; locus has been leased to Burnham Associates, Inc. to conduct the marine contracting business thereon. 3 . Defendant, City, is a municipal corporation organized and existing as a city within the Commonwealth of Massachusetts . 4 . Defendant Leo E. Tremblay is the Inspector of Buildings of the City and is the administrative and enforcement officer of the Zoning Ordinance. 5 . The City adopted the Zoning Ordinance and map on August 27, 1965 . 6 . The property is located within the B-5 Central Development District . 7 . The B-5 District was adopted, and zoning map amended, 3 by the City on August 1, 1972 . 8 . Prior to 1985 (sic) the property was located in the R-2 District . 9 . The B-5 District is intended to be a composite district, including major businesses . 10 . Permitted uses in B-5 District include business offices, loading facilities, contractors' supply establishments, and supporting accessory uses, all as defined in Article V, Section 5-2 , of the Zoning Ordinance . 11 . Locus was owned by William M. Linskey from August 16 , 1979 until September 9, 1992 . 12 . Locus was owned by Naumkeag Trust Company from May 14, 1979 until August 16 , 1979 . 13 . Locus was owned by a business owned by Gifford Russell , Silent Ships, Inc . , from June 28, 1974 until May 14 , 1979 . 14 . Locus was owned by a business owned by Gifford Russell, Allstate Building & Wrecking, Inc . , from February 9, 1971 until June 28 , 1974 . 15 . Locus was owned by Victor W. Sousa and Anne E. Sousa from July 15 , 1970 until February 9, 1971 . 16 . Locus was owned by James J. Anketell from December 31, 1958 until July 15, 1970 . 17 . On or about April 8, 1993 , Plaintiffs submitted to the Building Inspector an application for a building permit to construct a new office building on locus . 18 . An office building is a permitted use in the B-5 4 District . 19 . The application and pians submitted complied with all applicable minimum lot size, height, distance, setback, and density regulations of the Zoning Ordinance for an office building in the B-5 District . 20 . The application for building permit was denied on the basis of G.L. c. 40, § 57, and Defendants' allegation that Plaintiffs' use of locus constitutes an illegal use . 21 . Section 8-3 of the Zoning Ordinance regulates the nonconforming use of land, and allows the continuance of a nonconforming use which exists, but is made no longer permissible under the terms of the Ordinance . 22 . Section 8-3 (3) provides that if any such nonconforming use is discontinued for a period of twelve months, then the use of such land shall conform to the regulations specified by the Ordinance. 23 . Prior to 1986, the property was permissibly used for industrial purposes . 24 . The industrial use of the property was in existence prior to the adoption of the City of Salem Zoning Ordinance in 1965 . 25 . Locus is in a neighborhood of many active or abandoned commercial uses . Immediately downstream (northerly), of locus is a large auto junk yard. To the upstream side is an unused lot, abutting which is a boat yard. There is one lot between the boat yard and the North Street bridge. The bridge is about 425' 5 from locus . Right across the river is a large MBTA yard and an abandoned Parker Brothers factory. The North Street Bridge site, where Plaintiffs conducted some of their activities, is plainly visible across the river, nestled in at the far end of the bridge . On locus at the time of my view was a large pile of piping, used in dredging, and two large mobile cranes . There was a gangway leading down from locus to two floats, one beside the other. Moored next to the floats was a large dredging barge, in front of which were two large black cylinders (all this in the water) , said to be part of the dredging barge . There were about six piles driven right up against the face of the retaining wall . There is a slip, an indentation in the shoreline, formed by stone foundations . Over the slip are concrete slabs, said to be removable by crane if needs be. A marine railway leads from the slip perpendicular to the shore and out into the harbor; the railway was not visible when I took my view, because of ice, but is apparent in photographs in evidence . Locus has approximately 21, 500 square feet and is a long, almost rectangular lot, with the west and east ends, at Franklin Street and the North River, being 78 . 28' and 50' respectively, by deed description. On both sides of the lot are chain link fences in reasonable state of repair. Locus was generally neat and much of it was unoccupied (that is, not even piles of materials) . 2.6 . Plaintiff conducts a marine contracting business on locus . A marine contracting business consists primarily of dredging, filling and other contracting work done in the water or 6 at water' s edge- "anything you can do from the water that you can' t principally do from the land" , to quote Mr. Burnham. It may also include the salvaging and repairing of boats . It involves the use and storing of heavy and light equipment, including cranes, and the use and storing of supplies . The typical business operation is work done on a project-by-project basis at sites which may be many miles from locus . This means that at any given time, and for considerable periods, there may not be anything going on at locus, which would then serve as a storage area for equipment and supplies . Barges and dredges used in the business may be located at water' s edge at locus, although at any given time there may be none. 27 . One or both of plaintiffs have been in business at locus since 1980 . originally, plaintiffs were the tenant or occupant of witness Linskey. Plaintiffs bought locus from Mr. Linskey in 1992 . Linskey was in the business of laying sewer and water lines and used locus as a base of operations, storing vehicles, other equipment, and materials at locus . He did not have a use for the part of locus near the water and let plaintiffs use that for their business . The physical arrangements are shown on exhibit 5, a 1982 aerial photograph. It shows a chain link fence separating plaintiffs' part of locus from Linskey' s - plaintiffs occupying about a third of the site. Linskey' s portion of locus typically contained trucks, backhoes, excavators and similar equipment together with piles of pipes and other supplies . In addition to whatever plaintiffs had moored in the river, 7 plaintiffs' portion of locus contained similar vehicles and equipment, together with one or more cranes; as stated above, exactly what was on plaintiffs' portion of locus depended on what activities plaintiffs were conducting off site at the time in question. 28 . Locus was not plaintiffs' only location. Plaintiffs purchased a parcel of nearby land on Commercial Street in 1982 . It was on a canal, separated from the North River by the North Bridge . Plaintiffs used the Commercial Street site for storage of all their equipment and materials which did not need to be located at water' s edge . Plaintiffs also moved their office to that location. Plaintiffs' Commercial Street site can be seen on the 1992 aerial photograph, exhibit 3 , which shows locus substantially vacant and the Commercial Street site occupied by machinery (plaintiffs had just bought locus and were preparing it for their own use after Mr. Linskey' s property had been removed) . 29 . Plaintiffs also used a site diagonally across the North River, 70A North Street . That was a vacant parcel of shorefront land apparently owned by the City, located immediately next to the bridge. From 1988 to 1992 , plaintiffs typically moored their larger barge at the North Street site and conducted a majority of their loading and off-loading from that site . Plaintiffs' use of that site was unauthorized and, in 1992, ,the City chased plaintiffs off . 30 . The City points to plaintiffs' use of those other sites to bolster its claim that plaintiffs either abandoned locus 8 or did not use locus for one (or two) years . I find that neither Mr. Linskey nor plaintiffs ever intended to abandon their use of locus and neither took any steps which would signal abandonment . Moreover, neither Mr. Linskey nor plaintiffs discontinued use of locus for two years or more . (Section 8-3 (3) of the Ordinance purports to work a forfeiture of non-conforming uses discontinued for more than a year, but I find that provision to be in violation of the two year requirement in the third paragraph of c . 40 § 6) . 31 . The City, by its stipulations, has restricted inquiry to events occurring on locus after 1985, or at earliest since Mr. Linskey' s ownership began. However, I note that before Mr. Linskey, locus was used in part for boat storage and for wrecking businesses . Those required cranes, bulldozers, dump trucks, trailer trucks, numerous piles of salvaged wood, granite, pipe and other material . Those uses extended back before 1965 . 32 . When plaintiffs purchased locus in 1992, Mr. Linskey' s property was still on it . It took about three months to remove the property, then plaintiffs cleared and graded the site, repaired the bulkhead on the river front, and moved in their equipment from the Commercial Street and North River sites. The appearance of the site at the time of trial is shown on photographs, exhibits 10A through 10E. Plaintiffs applied unsuccessfully to construct an office building on locus, see paragraph 17 through 20 above . 33 . The amount of equipment at locus varies from time to time . The amount of equipment at shore' s edge at the time of 9 trial , shown on exhibit 10C, was the greatest at any one time in the history of plaintiffs, use of locus since 1986 : two sectional barges, a larger barge, a floating dock (with a gangway leading to the shore) and a hydraulic dredge . These barges, dock and dredge cover an area larger than plaintiffs, river frontage - that is, plaintiffs are mooring their equipment in front of the land of both abuttors . Typically, fewer pieces of equipment would be moored at or near locus, depending on what jobs plaintiffs had for them elsewhere . 34 . The parties agree the issue in this case is whether plaintiffs, use of locus is a prior non-conforming use under G. L. c . 40A, §6 (c. 40A §6) . The relevant part of that is from the first sentence of the first paragraph, as follows : Except as hereinafter provided, a zoning ordinance or by-law shall not apply to structures or uses lawfully in existence or lawfully begun, . . .before the first publication of notice of the public hearing on such ordinance or by-law required by section five, but shall apply to any change or substantial extension of such use. . . to any reconstruction, extension or structural change of such structure and to any alteration of a structure begun after the first notice of said public hearing to provide for its use for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent . . . 35 . The parties agree that a marine contracting business is not an allowed use under the current B-5 zoning or under the R-2 zoning which formerly applied to locus (although the details of the older zoning are not in the record) . The parties stipulate that, 10 prior to 1986 (that date is apparently keyed to the fact that, by stipulation, the change to B-5 zoning occurred "prior to 1985" ) , locus "was permissibly used for industrial purposes" and that "the industrial use,, of locus existed prior to the adoption of zoning in 1965 . The stipulation does not elaborate the "industrial use" . 36 . Defendants argue that under the Powers/Chuckran tests, see e .a. , Powers v. Building Inspector of Barnstable, 363 Mass 648 (1973) , and Bridgewater v. Chuckran, 351 Mass . 20 (1966) , plaintiffs' marine contracting business is a "change or substantial extension" of the industrial use. For the most part, I find to the contrary. I will speak first as to plaintiffs' activities to the extent they have occurred on or in front of locus . The various cases which have applied the Chuckran tests have been fact- intensive . Many are set out in the Massachusetts Zoning Manual published by Massachusetts Continuing Legal Education, Inc . , 1992 edition, pages 6-6 to 6-11 . Although no single case precisely addresses this situation, in the aggregate they support the conclusions I make, that plaintiffs' activities constitute an increase in the intensity of the activity at locus but not a change in the quality or character of the activity, and that plaintiffs' activities reflect the nature and purpose of the use prevailing in 1980 when plaintiffs first appeared on the scene . Locus has been used since 1980 for storage of equipment, materials and vehicles, both in Linskey' s business and plaintiffs . Plaintiffs have, in addition, used locus for loading and off-loading equipment and supplies to barges and for mooring their barges and dredges . 11 Plaintiffs for a time also repaired a salvaged boat at locus, a use consistent with prior activities at the site . 37 . It is true that, since 1992 , the activities carried on at locus have been associated only with plaintiffs' business (rather than both theirs and Linskey' s) , but since they are essentially a mix of the same activities, that change is not of legal significance. 38 . The city points to the comparison between exhibits 3-...and 10A-E and cites the increase in the equipment on locus since the time of exhibit 3 , 1992 . That is a false comparison, however, since exhibit 3 speaks to a time when plaintiffs had recently removed Mr. Linskey' s property and cleaned locus for their own use . The customary appearance of locus over the years is shown in exhibit 5 (1983) , when it was crammed with materials, vehicles and equipment . 39 . The parties, by their stipulations and arguments, have focused on the comparison between 1985 (or perhaps 1980) and 1993 . If the comparison were to stretch back to pre-zoning, that is, prior to 1965, the results would appear to be essentially the same- some boat storage but primarily a wrecking business, involving heavy machinery and piles of materials . 40 . Since before zoning, locus has been a rough, unattractive, waterfront industrial use . Ironically, the general appearance of locus over the years has improved as it passed into Mr. Linskey' s hands and then into plaintiffs' . Indeed, and this is the third Chuckran finding, the current use has not increased the 12 adverse aspects of the uses of locus on the neighborhood. There is substantially less activity at locus than when it was in the hands of Mr. Linskey or his predecessors . From the standpoint of Chuckran, plaintiffs' use is not different in kind in its effect on the neighborhood. 41 . As to locus and the waterfront within its extended side-lines, there has not been a "change or substantial extension" of use . However, to the extent that plaintiffs' activities extend over the extended sidelines, I come to the opposite conclusion. It is only with the advent of plaintiffs' activities that the waterfront aspects of the use of locus have spread over the sidelines . Plaintiffs have crept along the waterfront in both directions and that constitutes a change or substantial expansion. 42 . The City introduced evidence of failures by plaintiffs to obtain permits under non-zoning laws, particularly, repair of the marine railway and the seawall and sinking of "spuds" into the flats, all without orders of conditions from the Conservation Commission, and installation of an unpermitted temporary floating dock. The City argues these non-zoning violations deprive plaintiffs of their protection under c . 40A §6, since "They must show, first, that the prior use was lawful . " Hall v. Zoning Board of Appeals of Edgartown, 28 Mass . App. Ct . 249, 257 (1990) . This argument fails for two reasons. First, it is not clear that these non-zoning derelictions undo plaintiffs' status under c . 40A §6 . Secondly, the cases on this subject involve potential disqualification for matters occurring before, not after, 13 the zoning change . See Id; Board of Selectmen of Wrentham v. Monson, 355 Mass . 715 (1969) ; and Derby Refining Co. v. Chelsea, 407 Mass . 703 , 711 (1990) . Plaintiffs may have, to put it charitably, a relaxed attitude toward permitting for activities they undertake in a sensitive environmental area, but the City and the Commonwealth have no lack of weapons to counter that . 43 . The City defends its refusal to issue a building permit for the office building by citing G. L. c . 40 X57, allowing municipalities to withhold permits if an applicant has failed to pay real estate taxes and other municipal fees . However, none of the procedural protections afforded an applicant were followed and therefore the City' s reliance on that statute is unavailing. 44 . Responding to plaintiffs' requests for relief : I rule that plaintiffs' marine contracting business is a valid prior non-conforming use to the extent carried on within locus, including activities within the sidelines extended offshore. Plaintiffs' activities outside the sidelines are not such a use . I will not enjoin the City from interfering with plaintiffs' valid use, however, because I do not assume that the City will act in defiance of this ruling. For the same reason, I do not hold it necessary to enjoin the City from proceeding with, or continuing, criminal actions premised on plaintiffs' valid use . I do order that the Building Inspector not, for the alleged reason that the marine contracting business is illegal, withhold either: 1) approval of plaintiffs' application for a building permit for the office building, or 2) completion of the seawall application. 14 Plaintiffs have not shown any monetary damages and so I dismiss Count V. I find that Section 8-3 (3) of the Zoning Ordinance is invalid to the extent that it disqualifies uses discontinued for less than two years . Judgment accordingly. Peter W. Kilborn Justice Dated: November 7,1994 15 V� 9 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT SUFFOLK, ss Miscellaneous Case No. 192580 CRAIG C. BURNHAM, TRUSTEE ) OF THE FRANKLIN STREET ) REALTY TRUST and BURNHAM ) ASSOCIATES, INC. ) Plaintiffs ) DEFENDANT CITY OF SALEM' S V. ) ANSWERS TO PLAINTIFF CRAIG BURNHAM' S INTERROGATORIES CITY OF SALEM and LEO E. ) TREMBLAY, INSPECTOR OF ) BUILDINGS OF THE CITY OF ) SALEM, ) Defendants ) Now comes the Defendant, City of Salem, and answers the Plaintiff ' s Interrogatories as follows : 1 . Please identify yourself, giving your full name, residence, business address, occupation, and your office and/or relationship with the City. A. Leo E. Tremblay, 207 Jefferson Avenue, Salem, Massachusetts , One Salem Green, Salem, Massachusetts, Building Inspector for the City of Salem. 2 . Prior to answering these Interrogatories , have you made due and diligent search of your books, records, and papers and due and diligent inquiry of the agents, servants and/or employees of the City in an effort to obtain all information available and relevant to this action? A. Yes . 3 . Please identify the zoning district within which the property is now included, the Ordinance Number by which the district was adopted (as distinguished from the Zoning Map amendment) , and the Adoption Date of such district. A. B-5; Ordinances Number 306 and 306A of 1985 . 4 . Please identify each and every zoning district in which the property has been included from August 27 , 1965 until July 1, 1985 by stating; the name and type of the district, the permitted uses of such district, and the date such district (as including the property) changed. A. From August 27 , 1965 until July 1 , 1985 , the property in question was located in an R-2 district. The permitted uses of such district are stated in the City of Salem' s Zoning Ordinance. 5 . Please state what the City alleges the use of the property to have been, and the owner of the business on the property, on each of the following dates : a) August 27, 1965, b) August 1, 1972 , and c) July 1, 1985 . A. Prior to 1986 , the property in question was permissibly used for industrial purposes . A copy of the records from the City Assessor' s Office are provided herewith to verify ownership. 6 . If the City alleges that plaintiffs ' use of the property is not permitted under the terms of the Ordinance, please identify the nature, purpose, quality, character, and degree of such use. A. The Plaintiffs conduct the business of a marine construction company and this is not a permitted use in a B-5 District as defined by the City of Salem Zoning Ordinance. 7 . If the City alleges that the proposed use of the building shown and included within plaintiff ' s application for a building permit, submitted to defendant Leo Tremblay on or about April 8, 1993, is not permitted under the terms of the Ordinance, please identify such use of the building. A. The Plaintiff intends to operate a marine construction business on the premises in question and this is not a permitted use under the terms of the Zoning Ordinance. 8 . If the City alleges that any nonconforming use of the property, from August 27 , 1965 until the present, was discontinued for a period of more than twelve ( 12 ) months, please state: a) what such nonconforming use was, b) how long it was in existence prior to discontinuance, c) the owner of the business which constituted the nonconforming use, d) the date of discontinuance, and e) a description and date of commencement of any subsequent nonconforming use. A. a) Industrial uses ; b) Said use was in existence prior to the adoption of the City of Salem Zoning Ordinance in 1965; C) City Assessor' s records establishing ownership are provided herewith; d) Approximately 1986 ; and e) In approximately September of 1992 , the Plaintiffs caused a marine construction barge to be relocated to the premises in question and commenced the use of the premises for a marine construction business . 9 . Please identify the ordinance or by-law enacted by the City upon its acceptance of the provisions of G.L. c . 40, Section 57 . A. City of Salem Ordinances Number 1111 and 1112 or 1987 . 10 . Please identify what documents exist, (writings, minutes, records of proceedings, public notices , studies , public comments, reports , or otherwise) which relate to or describe the decision making process, and eventual vote, determination, and adoption by the City of the B-5 Central Development District. A. The City of Salem Clerk' s Office contains all such documents and copies are provided herewith. 11 . Please set forth the substance of the documents identified in answer to the preceding interrogatory. A. Copies of all such documents are provided herewith. 12 . Please identify the total area within the City which is comprised of the B-5 Central Development District. A. A copy of the City of Salem Zoning Map has been provided to the Plaintiffs . 13 . Please identify the permitted uses, and the uses which are currently in existence, within the City' s B-5 Central Development District. A. All permitted uses are stated in the City of Salem Zoning Ordinance Book and a copy of such book has been provided to the Plaintiffs . 14 . Please set forth each and every fact upon which the City relies in its fourth affirmative defense that plaintiffs ' use of the property constituted a non-permitted use pursuant to the Ordinance, as amended by city ordinance #306 and 306A, approved July 1, 1985 . A. The permitted uses as stated for a B-5 District in the City of Salem Zoning Ordinance do not include marine construction companies . 15 . Please set forth each and every fact upon which the City relies in its fifth affirmative defense that plaintiffs ' use of the property constitutes an illegal extension of a non- conformity pursuant to the Ordinance, and identify the non- conformity referred to. A. in approximately September of 1992 , the Plaintiffs relocated a marine construction barge adjacent to 14 Franklin Street. This barge had not been located adjacent to said premises for at least four ( 4 ) years prior to that time. 16 . Please set forth the identity and location of all persons having knowledge of matters discoverable in this litigation. A. Keepers of Records for the City of Salem Clerk' s Office, Building Department, Assessor' s Office, Planning Department, and Conservation Commission; Mr. Leo E . Tremblay; Mr. Dennis Ross , Assistant City of Salem Building inspector; Mr. Harry Andrews , 72 North Street, Salem, MA; Sarah M. Hayes, City Councillor, Salem, MA and all those persons identified in documents previously filed by the Plaintiffs . 17 . Please identify all factual witnesses the City will call at the trial of this action, by stating; their name, address, and substance of their anticipated testimony. A. See Answer to Interrogatory Number 16 . 1B . Please identify all exhibits which the City intends to introduce at the trial of this action by describing the exhibit and/or its contents. A. The Defendants have not finalized the list of all exhibits to be used at Trial. 19 . Please identify all expert witnesses that the City expects to call at the trial of this action by stating; a) the person ' s name, address , and occupation, b) the subject matter on which the expert will testify, c) the substance of the facts and opinions to which the expert will testify, and d) a summary of the grounds for each opinion. A. The Defendants have not selected an expert witness as of this date. Signed under the pains and penalties of perjury this 20th day of September, 1993 . Leo E . Tremblay 1,0920932 CERTIFICATE OF SERVICE I , Kevin T. Daly, attorney of. record for the Defendants, City of Salem and Leo E. Tremblay, Inspector of Buildings of the City of Salem, do hereby certify that on this 21st day of September, 1993, 1 served the within Defendant City of Salem' s Answers To Plaintiff Craig Burnham' s Interrogatories , on the Plaintiffs, Craig C. Burnham, Trustee of the Franklin Street Realty Trust and Burnham Associates, Inc. , by U.S. Mail , first class, postage prepaid to the attorney of record for the Plaintiffs : Keith W. Kauppila Esquire One Winthrop Square Boston, MA 02110 Kevin T. Daly, Esquire DALY & DALY One Church Street Salem, MA 01970 (508) 745-0500 BBO #112970 of �Sajem, s.r Paarb of Appeal '83 DEC 14 P2 :5r CIT'( DECISION ON THE PETITION OF WILLIAM LINSKEY FOR A VARIANCE FOR 14 FRANKLIN ST. , SALEM A hearing on this petition was held November 30, 1983 with the following Board Members present: James Hacer, Chairman; Messrs. , Charnas, Hopper, Luzinski and Associate Member Bencal. Notice of the the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner requests a Variance to allow him to construct and use a timber column building for the housing and repair of construction equipment in this R-2 district. The Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affectin@ other lands, buildings and structures in the same district; b. Literal enforcement of the provisions of the Zoning Ordinance would in- volve substantial hardship, financial or otherwise, to the petitioner; ane c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purposes of the Ordinance. The Board of Appeal, after hearing the evidence presented at the hearing, makes the following findings of fact: 1 . Vigorous opposition to petitioner's plan was raised by neighbors; 2. The type of use contemplated by petitioner is one which creates a danger to other occupants of the surrounding residential area by encouraging the movement of heavy equipment through the street; 3. The use contemplated by petitioner is generally inappropriate in an R-2 district. On the basis of .the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . .Relief requested cannot be granted without substantially derogating from the intent and purpose of the Zoning Ordinance or without substantial detriment to the public good. -�� _, itYe'r';�fbre' th`e�-$bard= of%`ZotfYttg Appeal cvat;,.d:tvo against, three in favor of granting pet.itione 's eque$t:° �Tke "rdgiieSt'=is deified. : I c_ Scott E. Charnas, acting Secretary Cr a_t.,,•!iJ L'R IS RECOP.UEU AN) !XTM X! THE 'J'lfBER,S CERDFIC::T: OF T,i a. A COPY OF THIS DECISION ,HAS BEEN FILED ::ITH THE PLANNING BOARD AND THE CITY CLERK NORTHEASTERLY, 1309 , more or less, to the sideline of Mill Street, thence turning and running; NORTHWESTERLY and less NORTHWESTERLY, 285' more or less, across Margin Street, thence turning and running; SOUTHWESTERLY, 60' more or less, by the NORTHWESTERLY sideline of High Street, thence turning and running; NORTHWESTERLY 55' , more or less, thence turning and running; WESTERLY, 1101 , more or less, thence turning and running; NORTHWESTERLY 401 , more or less, thence turning and running to the SOUTHERLY o:dajne of Gedney Street, thence turning and running; WESTERLY by the SOUTHERLY sideline of Gedney Street 110' more or less, thence turning and running; NORTHERLY across said Gedney street 70' more or less to the NORTHERLY sideline of Gedney Street{ thence turning and running; SOUTHWESTERLY, by the NORTHWESTERLY sideline of Gedney Street , .255' , more or less, thence turning and running; NORTHWESTERLY, by the NORTHEASTERLY sideline of Summer Street, and North Street, 1275' , more or les thence turning and running; NORTHERLY AND NORTHWESTERLY, by the EASTERLY .sideline of NORTH STREET; 550' to the point of beginning. FRANKLIN STREET Beginning at the NORTHWESTERLY corner of the herein described premises. At the intersection of North Street and Franklin Street, thence running; NORTHEASTERLY on the SOUTHEASTERLY sideline of Franklin Street in several courses 630' more or less, thence turning and running; SOUTHEASTERLY in two courses 380 feet more or less to the mean high water mark of the North River, thence turning and running; SOUTHWESTERLY on several courses by the mean high water mark of the North River, 920' more or less, thence turning and running. NORTHWESTERLY by the NORTHEASTERLY sideline of said North Street 249' more or less to the point of beginning. Section 2. This Ordinance shall take effect as provided by City Charter In City Coumcil March 28, 1985 Council prPRlf3Pnt. to sc-hxlule hearing in near future Public Hearina held Anril 25, 19A5 In City Council May 23, 1985 Planning Board reoo;msmdatim received .Ordinance tabled for 2 weeks by roll call vote of 9 yeas, 0 nays, 1 present In City Council JAne 13, 1985 Ordinance taken from the Table Adopted for first passage by roll call vote of 8 yeas, 2 nays, 0 absent �i diate reconsideration in the hopes it would not prevail was denied Advertised in the Salen Evening News on June 18, 1985 in City council June 27, 1985 Adopted for second and final passage by a roll call vote of 9 veas, 2 nays, 0-absent 17otion for kmadiate reconsideration in the hones it would not prevail was denied Approved by the Mayor m July 1, 1985 Advertised in the Salm Evening News on July 9, 1985 ATTEST: JOSEPHP_3E R. FUSCO CITY C=V 130 APPEAL. CASE NO. . . . . . . . . . . . . . . . . . . . . . . . '� ...T � (Iitg of �ttlPm, tt�stttl�usEfts �iaarb of '�Vpeu1 5��4(LVE TO THE BOARD OF APPEALS: The Undersigned represent that he is are the owners of a certain parcel of land located at N0. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Street; Zoning District. .R:? . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . : and said parcel is affected by Section(s) . . . . . . . . . . . . . . . . of the Massachusetts State Building Code. Plans describing the work proposed, have been submitted to the Inspector of Buildings in accordance with Section IX A. 1 of the Zoning Ordinance. For the construction of a Timber Column Building 42 feet by 54 feet, for the03 housing and repair of construction equipment. O _ n O � � � a O? A � N IPJ N The Application for Permit was denied by the Inspector of Buildings for the following reasons: Such use is not permitted in Section V, Page 19 - A-2. The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning Ordinance and/or the Building Code and order the Inspector of Buildings to approve the application fee permit to build as filed, as the enforcement of said Zoning By-Laws and Building Code would involve practical difficulty or unnecessary hardship to the Undersigned and relief may be granted without substantially dero- gating from the intent and purpose of the Zoning Ordinance and Building Code for the following reasons: Owner. .�r/�� F Address. . _S Telephone.% . . . . . . . . . . . . . . . . Petitioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date. . . .10[24/.83. . . . . . . . . . Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By. . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Three copies of the application must be filed with the Secretary of the Board of ,Appeals with a check, for advertising in the amount of. .. . . . . . . . . . .. . . . . . . . .. . . . four weeks prior to the meeting of the Board of Appeals. Check payable to The Evening News. COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT SUFFOLK, ss Miscellaneous Case No. 192580 CRAIG C. BURNHAM, TRUSTEE ) OF THE FRANKLIN STREET ) REALTY TRUST and BURNHAM ) ASSOCIATES, INC. ) Plaintiffs ) V. ) AFFIDAVIT OF LEO E . TREMBLAY CITY OF SALEM and LEO E. ) TREMBLAY, INSPECTOR OF ) BUILDINGS OF THE CITY OF ) SALEM, ) Defendants ) Now comes Leo E. Tremblay who deposes and states as follows : 1 . I am the current City of Salem Building Inspector and as such, I also serve as the Zoning Enforcement Officer. 2 . I was appointed Building Inspector on or about November 2 , 1992 . Prior to that date I was employed in the construction industry and worked primarily in the City of Salem area. 3 . For many years, I had the opportunity to observe the premises located at 14 Franklin Street in Salem on a daily basis, and I was familiar with the location of Burnham Associates, Inc. and the location of a construction company owned by William M. Linskey. 4 . In approximately 1986, Linskey Construction Company relocated from 14 Franklin Street to premises located at Jefferson Avenue in Salem. At that time, the premises at 14 Franklin Street ceased to be used for industrial purposes . 5 . During the year 1988, Burnham Associates, Inc. caused a marine construction barge to be moored adjacent to premises located at 72 North Street. I observed this barge located at said location, almost on a daily basis, until approximately September of 1992 . 6 . As the City of Salem Building Inspector, I denied a building permit to Burnham Associates , Inc. for a structure to be built at 14 Franklin Street. 7 . I denied this building permit based on advice from the City of Salem Legal Department and my determination that a non- permitted use was occurring at 14 Franklin Street. Signed under the pains and penalties of perjury. Dated: September 22, 1993 Leo E. Tremblay \092193 • �� rr i1 b 1 BURNHAM ASSOCIATES INC. i Marine Contractors • Engineers l F 1 1 E P t December it, 1996 { Leo E. Tremblay City of Salem Building Department City Hall Annex One Salem Green Salem, MA 01970 r i Dear Mr. Tremblay: We are in receipt of your letter of November 22, 1996 (received on December 10, 1996) wherein you site inspections (both rough and final) that have not been accomplished timely or at all. Please be advised that your office as well as those representing plumbing, electric and fire inspections for the City were contacted during each and at every stage of the project. My father, Franris Rumham, informs me that he spoke with you personally on or about July 24, 1996 wUe I was in Minnesota, regarding a rough inspection of wall areas in the building before being covered with wall board. Your response was one of utter disinterest to inspection of these areas. As well, on June 28, 1996, a request was made to the Salem DPW for inspection of the sewer line to the building before backfilling the trench. They refused the inspection knowing full well that only hours earlier Mr. William Linsky had informed them of the project undertaking. After speaking with our contractors, we find that all rough inspections were accomplished, 3 however to date, only the City's electrical inspector has signed off on for final inspection of the building on 11/28/96. As for the final plumbing inspection, we understand that Mr. Ross is unable to give us an inspection given that the City is unwilling to supply us water as previously requested by us. The office of the City's fire inspection department has not yet responded to our request for i inspection, thus I have no way of determining their intention at this time. 26 Dearborn Street Salem, MA 01970 Telephone (508) 745-1788 Fax (508) 741-1984 rt Leo E. Tremblay December 12, 1996 Page 2 Nearly without exception the City of Salem by it's agents has consistently blocked our well meant efforts at completing the structure that you personally authorized for construction on November 14, 1995. Those same stamped building plans have been executed at the issued address with proper notification given at all stages of construction. As you are "requesting that we stop illegally using said structure and start conforming with building codes and zoning ordinances", please send your plumbing inspector to our project site, all plumbing is complete thereby in need of inspection. As well, all fire prevention related wiring and alarms are now in place and in need of inspection, therefore, please send the appropriate personnel for inspection. I request further clarification as to those building codes we have strayed from, and also just which of the zoning specifications we allegedly fall short of and how your view of the building's use differs now as opposed to that time at which you affixed your stamp to my plans. We will await your response. Sincerely, Craig . Burnham President, Burnham Associates, Inc. CCB/mks X0V c RI�J Conservati®n Commission Salem, Massachusetts 01970 'E Telephone (617) 745-5036 CI ['r OF S.';I 'Cili r1GSS. CITY OF SALEM CONSERVATION COMMISSION WETLANDS HEARING A continuation of a public hearing will be held by the Wetlands Protection Act, G.L. Chapter 131, Section 40, at the request of Silent Ships, Inc. , 14 Franklin Street, Salem, Massachusetts. The purpose of the hearing is to explore the effects of construction of a stone rip rap to protect the embankment and to construct a marine railway at 14 Franklin Street, Salem, Massachusetts. The hearing will be held on Thursday, May 22, 1980 on the Third Floor of One Salem Green, Salem, Massachusetts at 8:00 P.M. 6eNthrup _ Chairman Y (1Trftt IIf " a• PLfTtt211 �BP}721If1t1P1[t 2 Hn 8� Paul A Tutf1P CITYFSAL EH,MASS. lIDire Ansperinr 44 �Llafqefie *i. $n1em, Anse. 01970 ,area 49abe 617 745-6300 January 21 , 1981 Mr . David Sultzbach 1 Story Road Salem, Ma . 01970 Re : 12- 14 Franklin Street , Salem Dear Sir: This department sent a letter in May , 1980 directing owners of 12-14 Franklin Street that the electrical service was shut off. A temporary service was installed for 90 days pending installation of a complete new service . The August 20 , 1980 deadline passed , and a new service was installed and inspected by this department . This letter is to notify you that the temporary service will be disconnected in three (3 ) days from the date of this letter . Yours truly , aul M . Tuttle 4 o Wire Inspector c - Owner of Bldg . Mass . E' tric Co . Building , nspector Health Dept . Sea & Land Designs CERT . MAIL NP20 3762758 PMT/ml t � '� lllt J 111 'SaleIII, Ainssuchil$Ef ; f'q. 3 y `/ �liltltiltt$ marly I ff itr CITY OF SALEM PLANNING BOARD vvill give a Public Hearing to all interested persons on the petition of Gifford Russell, Silent Ships, Inc. , for a wetlands/Flood Hazard Special Permit for the construction of stone riprap and marine railway at 14 Franklin Street. This hearing will be held on Thursday, June 5 , 1980, at One Salem Green (City Hall Annex), 3rd Floor, at 8:00 P.M. WALTER PO vv ER III Chairman May 22, 29 , 1980 This notice poste,! on "Official Bulletin Board" City Hall Avo " .1.e7, TV3s,- . on apt //: 57 P14' • in ^.ocor ince :.,,ith Chap. 626. of -the Acts of 1958. IbltlltlYl$ Dartl er '�'etmco" (One 5alrnt Orm CITY C= c _ci, ii SS. CITY OF SALEM PLANNING BOARD CANCELLATION NOTICE: Please be advised that the Public Hearing on the petition of Gifford Russell, Silent Ships , Inc. , for a vvetlands/Flood Hazard Special Permit for the construction of stone riprap and marine railway at 14 Franklin Street, has been Withdrawn without prejudice and rescheduled for June 5 , 1980. WALTER PO ,-ER III Chairman May 17., 13, 1980 This notice host^d on "Official Bulletin Board" City Ball k-,7 7 i`ri ^co^_lac ce with C 626. at 37 �' Chap. of the Acts of 1453. C. l'Z Conservation Commission T. Salem, Massachusetts 01970 y��ts`1c,`Jy� Telephone (617) 745-5056 CITY OF SALEM CONSERVATION COMMISSION WETLANDS HEARING A continuation of a public hearing will be held by the Wetlands Protection Act, G.L. Chapter 131, Section 40, at the request of Silent Ships, Inc. , 14 Franklin Street, Salem, Massachusetts. The purpose of the hearing is to explore the effects of construction of a stone rip rap to protect the embankment and to construct a marine railway at 14 Franklin Street, Salem, Massachusetts. The hearing will be held on Thursday, May 8, 1980 on the Third Floor of One Salem Green, Salem, Massachusetts at 8:00 P.M. ford NorthrT Chairman r �t11$ f'(li Conservation COMMISSIOn Salem, Massachusetts 01970 d, Telephone 16111 145-5056 p..,� I. 1, 1ti5>C CITY OF SALEM CONSERVATION COMMISSION WETLANDS HEARING A public hearing will be held by the Wetlands Protection Act, G.L. Chapter 131, Section 40, at the request of Silent Ships, Inc. , 14 Franklin Street, Salem, Massachusetts. The purpose of the hearing is to explore the effects of construction of a stone rip rap to protect the embankment and to construct a marine railway�at 14 Franklin Street Salem, Massachusetts. The hearing will be held on Thursday April 10, 1980 on the third floor of One Salem Green, Salem Massachusetts at 8:15 p.m. �C �l7 Bradffordord Northr l� hr d Chairman „,OIMJ 4y, of ttlPm, c � sttcl�u��t# Public Propertu Department r s 'GLI �s'`r- Purring �:P�I2TrtT:teY[t JaE[n ?3. Pafaers 5 Proab Strert 744-0213 March 13, 1980 Anthony V. Fletcher, City Engineer James F. Brennan, Fire Chief Mr. L. L. L'Italian, 39 Fort Avenue, Salem RE: 14 Franklin St. , Salem, MA Gentlemen: I hereby appoint you a survey board to inspect thoroughly the premises at 14 Franklin Street, in accordance with the provisions of 124.1 of the Massachusetts State Building Code. A written report of your findings and conclusions shall be made to this office in order that a determination may be made with regard to the future of this structure. Very truly yours, John B. Powers Building Inspector JBP:tc cc: City Solicitor 4 (O\DI itg of salem, 'Massu r4usQtis Publir Prupertg Department �Ruilaing Pepttrtmeut john �R. �3nfaers S �ruttJ �freef 745-11213 August 25, 1975 Silent Ship, Inc. 14 Franklin Street Salem, MA 01970 RE: 14 Franklin Street Gentlemen: In response to complaint from the Salem Fire Department and our own subsequent inspection, we find that the two trailers poised on the roof of a building on your lot present a safety hazard. As owner of the premises it is your responsibility to maintain your property in a manner which will insure the safety and health of persons thereon. Will you kindly see that these trailers are removed immediately. %ry truly yours, Assistant Building Inspector DM:tc cc: Neptune Wrecking ��9i Pti �. �itp,�y�, 9_ p 7� �itg ofttlPm, t� sttchusP#�� ._„ ,r�T, __ �uhlir �rapexfg �e�ttrfinent Johtt c�- �3ofners - S �TOI1D p�STPPf *S 745-17213 August 25, 1975 Silent Ship, Inc. 14 Franklin Street Salem, MA 01970 RE: 14 Franklin Street Gentleman: In response to complaint from the Salem Fire Department and our own subsequent inspection, we find that the two trailers poised on the roof of a building on your lot present a safety hazard. As owner of the premises it is your responsibility to maintain your property in a manner which will insure the safety and health of persons thereon. Will you kindly see that these trailers are removed immediately. rkry truly yours, Assistant Building Inspector DM:tc cc: Neptune Wrecking of �z1Em, C � �sclfu��f# Y' \w\c`Dsrvs'r Paging Peyar#men# `ifnljn �6. �3ofners 5 �irott� �freet zap-nzi� March 13, 1980 Anthony V. Fletcher, City Engineer James F. Brennan, Fire Chief Mr. L. L. L'Italian, 39 Fort Avenue, Salem RE: 14 Franklin St. , Salem, MA Gentlemen:. I hereby appoint you a survey board to inspect thoroughly the premises at 14 Franklin Street, in accordance with the provisions of 124.1 of the Massachusetts State Building Code. A written report of your findings and conclusions shall be made to this office in order that a determination may be made with regard to the future of this structure. Very truly yours, John B. Powers Building Inspector JBP:tc cc: City Solicitor Conservation Commission .r. Salem, Massachusetts 01970 Telephone (617) 745-5056 t � "(ASS, •Ty� f {! J CITY OF SALEM ` CONSERVATION COMMISSION WETLANDS HEARING A public hearing will be held by the Wetlands Protection Act, G.L. Chapter 131, Section 40, at the request of Silent Ships, Inc. , 14 Franklin Street, Salem, Massachusetts. The purpose of the hearing is to explore the effects of construction of a stone rip rap to protect the embankment and to construct a marine railway<at 14 Frankline Street Salem, Massachusetts. The hearing will be held on Thursday March 27, 1980 on the third floor of One Salem Green, Salem Massachusetts at 8:15 p.m. Bradford Northr Chairman (f itu of ��5ttlem, ttssttth�isetts „n C!TY C Department of jJublic 'Yorks (One �Ulem Vireen ANTHONY V. FLETCHER, R.P.E. RICHARD P. SWENSON, C.E. DIRECTOR of PUBLIC SERVICES Assistant Civil Engineer CITY ENGINEER March 21, 1980 Mr. John Powers Building Inspector One Salem Green Salem, MA. 01970 RE: 14 Franklin Street Dear Mr. Powers: In accordance with your letter of 13 March, 1980, and the provisions of Chapter 124.1 of the Mass. State Building Code, 1 reviewed the structure at 14 Franklin St. , Salem, MA. I find this structure to be so badly damaged by fire, or fires, as to be derelict, and a clear danger in its present condition. The conclusion is that this structure must be demolished and the debris removed from the site. Very truly yours, A. V. Fletcher, P.E. City Engineer Director of Public Services AVF/cc cc: Chief Brennan FORM 4 { ORDER OF CONDITIONS r-, 2 n W E T L A N D S P R O T E C T I O N A C T G.L. C. 131, s. 40 �i S ------------------------------------------------------------------ CITY/TOTrN SALEM9 MSS. FILE NUMBER 64-66 TO: NAME SILENT SHIPS ADDRESS14 Franklin Street. Salem CERTIFIED MAIL NUMBER PROJECT LOCATION: Address 14 Franklin Street Salem, Massachusetts Recorded at Registry of So. Essex Book 5834 , Page 422 Certificate (if registered) \ REGARDING: Notice of Intent dated February 1, 1980 "Plan of Land in Salem, Mass. , showing and plans titled and dated proposed stone rip rap& Mar�lway, dated 2/1/80.' THIS ORDER IS ISSUED ON (date) May 22 1980 ------------------------------------------------------------------- Pursuant to the authority of G.L. c. 131, s. 40, the SALEM CONSERVATION COMMISSION has reviewed your Notice of Intent and plans identified above, and has determined that the area on which the proposed work is to be done is significant to one or more of the interests listed in G.L. c. 131, s. 40. The SALEM CONSERVATION COM¢TISSION hereby orders that the following conditions are necessary to protect said interests and all work shall be performed in strict accordance with them and with the Notice of Intent and plans identified above except where such plans are modified by said conditions. --------------------------------------------------------------------- CONDITIONS 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this order. i -1- (617) 745-3656 r;- 1'.0. 110X 8'91 6 `.;alone, NUissuclwsclls 01970 WATER A !,EWLRAGE . MIUMINO09 PAVING • uMEMNO WHECIUHG • SNOW REMOVAL • TRUOBING AND HEAVY EOUIPMENI( ' May 1 , 1980 Lt . Davin ,f , Cpr,lVri-n SALIiIM PERE DEPANTNIN111' 48 Lafayette Street; Salem, Mans 01971 �7ear Mr . Oog din ; In re,,ards to "your letter dated April. 23 , 1980 , which I rea- aiyed on April 24 , 19H(1 , roti Fy I nn me to remove fire damn red " ";',Structures situated uU 14 Franklin Street within seven ( 7) days , , '. :`Please he advised that seven days to not sufficient time to cgntract out and huvo the ,job completed , I would like at this time t0 .reque t an addiku uwl j0 days . Very truly .yours , William M, Gi.nske,y 1 WMLol Extension granted to May 23 , 1980 Only. C �� Thirty days from date of original Notice, MIA IIIcL DLRJL APPROVED MAY 12128 S� CI'TY OF SALEM, MASS. w. PIRLI' LV 4,TI0Pr BU ' MAl i 2 MO �1CF74r)y t) T, ;:O 1% MMWAMIft 1 iowilmot of Earkam abt Protection r—5624545 Bureau of Resource Protection-Waterways - -- Uanemntel/ BRP WW 01 be p r"oje ts logo le Anopsponieft pty I BRP WW 02 watertrap Maims or Interim Approvol:Amnesty Projects faeft ID(M Ano BRP WW 03 Watertrars Amendment to License or Interim Approral General Waterways Application Municipal Zoning Certllleate tae«bps or 110"p+ON Au pdel dont'aN talaeuson I- an this —.----._......Craig C..Burn!>un,..Tivscee...._-•-------..—._._.__.----.._._.__....._.._._.......................... lona. arrrraora� 14 Frtnklen Street —� crynw.r ..... Saletn..MA............................................................................._........._..............................................._...................._. Nnrth Rivrr aw�+ry _.................Maintain..existing..fdl..&..seawall........................._......_........................................................................................ arnorm r sorsa s a tree re s ..................................................................................................._.................._.._........................................................................................................ To be completed by municipal clerk or appropriate munlclpal otifcial. I heteby cenlly that the project described abates and more July detailed In the applkant's waterways license 8110batlen and plem is net In Notetbn of Ioa1 Zoning ordinances and bykws. Repair of existing seawall is not in contravention of the local Zoning Ordinance. However the City of Satan disputes the legality of the present use of the premises by the applicant. nrssraewgroaor rMwnrrrelroad Leo E. Tremblay —_._......__._ Building Inspector, City of Salem One Salam Green Salem, MA 01970 uwna.er May 26, 1993 M.INI page S d 1; TItu of -1-1tiairm. 146ausuchusetts Public Prupertu i3epartment Nuilbing Department (One i�sdem (6reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer April B , 1993 Burnham Associates 26 Dearborn Ave. Salem, MA 01970 RE: 14 Franklin St. Dear Mr. Burnham: I was advised by the City of Salem Legal Department that i could not issue a Building Permit for the above referenced property as it is in currently in litigation and until all ongoing litigation has been resolved this office is unable to issue any permits. I am returning your plans and application, when everything has been settled you can reapply. Sincerely, Leo E. Tremblay Inspector of Buildings LET:bms Enclosures QTHU of Salem, 4asszic rusetis l I Bepartrwnt Z ,�` , � �uklit �rnJ�srtg �Ppttrfmpnt Richard T. McIntosh _ One Salem Green 74s-D213 August 13, 1981 William Linskey Linskey Construction P. 0. Box 891 Salem, MA 01970 j RE: 14 `Franklin ;St. Lot 403 Salem, MA/61970 Dear Mr. Linskey: 51 As the result of nonconforming use,of land being discontinued for a period of twelve onsecutive months at 14 Franklin Street, Salem, Msssac setts, any sub- sequent use of such land shall confo to the regulations specified by the Salem Zoning Ordinan a in which such Land is located. Therefore, this is to inform you that your property at 14 Franklin Street, Salem, Massachusetts, also referred to on Assessor's Map 26 as lot 403, is now part of the R-2 District in that area and as such must conform to the permitted uses for said District. Very truly yours, 3osLfph M. ubas Assistant Building Inspector JML:dmm cc: Susan Madison `�pan piq�Q Qu(ITit 1 II n�Llll� � ci5 c`IL'�iLira� 5 ! �lultlic �:Irt�pertu �1cp�trtnteut luilling vpnrtnient '�pIMH pp�� Richard T. McIntosh Olnr �alrm (ISrrcn 7•I:�-OT 13 June 15, 1982 James Fleming Councillor Ward 6 Dear Jim: Relating to your inquiry about the Linsky property on Franklin Street: A. There is no record of any Variance on file in this office. B. The use of the trailer there appears to be a violation of the Zoning Ordinance. C. They currently do not have any building permits. D. The sewer work that is going on can be explained by the Sewer Department. I have no idea what is being done. I am informing Mr. Linsky, by Certified Mail, that he is in violation of the trailer ordinance. Enclosed is a copy of the letter. Regards, Richard T. McIntosh Zoning Enforcement Officer RTM:bms Enclosed: Copy of letter to Linsky Construction dated 6/15/82 40 •:, Cta of "'4alezit, �Hassacljixsdts IA '3 0 I.iublic Property 30cyartment �_• • ''•'`P� ;111111111; Deprhuent Richard T. McIntosh CERTIFIED MAIL (Ilii• �5nlrm (15rren 711-0213 June 15, 1982 Linsky Construction 14 Franklin Street Salem, Massachusetts Dear Bill: Please be aware of the fact that you are in violation of the Zoning Ordinance of the City of Salem (copy enclosed) . You are therefore required to Cease and Desist from your illegal use of the trailers immediately. Failure to comply with the above will result in this matter being pursued through the District Courts for whatever action they may determine. Very truly yours, 0 C1 Richard T. McIntosh Zoning Enforcement Officer RTM:bms cc: James Fleming Councillor Ward 6 Enclosure: (1) �o- �/ NpaSN 0.\J A o F LOCUS MAP o 400 h �r \'0L 'J N F EDWARD FERRIS zl NAPLES RD. I SALEM ,MA. 9 a „ R 1 0 N SF C19 BYOR FAMILY REALTY TRUST X70, V HALEY RD. `�ij vQ O MARBLEHEAD, MA. of �j Io- or o loo too MON NOTE: N I THI5 PLAN 15 NOT BASED ON DANIELAN INSTRUMENT SURVEY ANC g, SCALE 1 100' SHOULD NOT BE USED FOR LYNCH M DETERMINATION OF PROPERTI N 33186 LINES. O '�•D Ey� PL N A COMPANYING PETITION OF PLAN SHEET 1 of 2 FRANKLIN STREET REALTY TRUST CRAIG C . BURNHAM TRUSTEE LAND AT 14 FRANKLIN STREET �iz-�`rv�' SALEM, MA., 01170 Q55B55o255N . try YAKGEI, 4o3 DANIEL J. LYNCH PROFE55IONAL ENGINEERS 4 5URVEYOR5 COMMERCIAL ST., MARBLEHEAD, MA., 01945 eYt r'x...�';:yl,. '• y�a yS +e n�,tC .",4 r..L r lw.u-1'r .n ex J.. > f ,( �s , .yJ.w `>' ;: -;. y , + "ja• J�'Nyl,arvme'4 wmen;'A rime 7.,R FkJ e.+-y�vtKS ;q, r k f :.:t 1� { ti i eu el.,er+o uee aJsru+aw axa.dOwreee .. 'lr "8^iwwi''wa i}"..e.;er.>,.�r.w•aW:'�i..w. �,{q"�° '�,c.":� y � r iZ �, a f`w r.e ;;-J(� '. 4-. ! e r 'i. r. ✓'..• wYiN t.�ei"`•'wrw.w•°°w.urJ.•w..woe+"'r'awY°••e�w•...I '���{J:tlt o0 r..rt i i. tr.'L .V• J . _.i1}•.1I,y.-h . l l�': t 'J 4 r rov..M+i+w Nnn uaw..�.�.•y�w an•w.wryu• '� �����4vew4�zr�+...wP.rd...�wy�+Ta..•.Jti�-Pli .�'flaC,{ ,� Ylm+ rh .. h r 4 � -:..e + l . S u ' f'. 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JOB (f 1a93b ueai BUYER FRYKLl1ND CONSTRUCTION CO. 1\ iii r y/ v.�•W:.e..'s��� �e�.ww�...er.» .END USE CUSTOMER eule,_ugn G050CIATE9 INC \`- ! s w-^•^•^e1 ,,,,•,011e I .. .. �N BUYER ORDER..(/ ��- J7J"r.-7- I JOBSITE SAL=n nA COUNTY ESQ=x `oV'' fes"` ,r. �•' ��„a ,„'foo,,,^_ . . BA5IC BUILDING SO 3O-O Jc w'-O rt 73'-6 1;12 .,,,.•: I' •i'� `=.mo ww-.w qi= ee- -e9'w I .tt :.���r _ / /t1 t,fJ v-•e-�;re.ew wo.a.•e•a.a. ..e�e. •�Or'de...::,°�.. _ _ _ ( .�aV1VP„u✓ e.. .m.o.�d n.,....w a��d,J>,.,�.e�..:,' iu15 Sr4UCIDRE ud9 BEEN DE91GNED IN aGGORDa4CE Wliu THE FOLLGWING A INDICATED. ✓I, V _�•�i�• _p+ - I g � wq Al ua.a ey ❑USA 5•.enaertl,+•v.-AJ O LL ]O PSF T.Ibutery Agee Reductlrn o,"'•,`,^,""' �•y ..e..a.r u^e w.o 0990 �L_12�r NO Redact on - (O 'l .b'•i. w- no (i.+oaa�`q e"' P"`� •Y 0 UBC EXEC-- 0 5 0 c DD U 6•ou�d 5,._oe0 P9F �! (•� --"q x i _.C tFor Loede Grm er tMn:O PSF) �4� I'p!�� 0�!AScE 0 9 C C !u W InGy °<^• n�H Importance Feeta V lQ S�'l Ju a» w�.... - ey vmgdr `w n__.ANI\E. 0cllletuel PSF 5\ N\ AM ep..w�.e'q we..•a "'� LL 171 PSF .DL l?FSF �Selemlc as , Imparle eFaetor Q IUYi'Y1 •y�•a, �'V """W OTHER 1451.5 CG. O _ IOT tl UJu PA 41 1 or e..w, n.a.v�,sn rc. e•.rap e,.y.•eau �+»..en.°Te v�w.er�"� .y.�w da or Leto l I euat b U ed Jnle Othswlea Noted. - • �``�V ° e,`, e���� � ��v If �"' >J� � For tvlldl g I,renee 5 G e 9actl a endro el Ietlone r I eding �r� ���•��••a��• •� M u•+ •g eh •q'O .:' .. "� t l\ ��J A'm...�..�W- fie..eo•+J.e.0 v�.`w�r�w a - r :' O uY b O W b O•4' !' �u�y nr�au 1 ,�;' �A' � Y pl - i •Y I JTI'Ni-� rru..b LWe!rw�arywe»wr 1 °.����.o�r�J•ee-w•-...�W w•J.,n .. ':I, v s- 7 x]- v''�rF ow.. L r< t _ .:l v iY.pt.... H.r.•.., �: �-47 � .. wP+r ws-+ . _ t ~J)�] Y .tti ; �^t, Jj � 1} �T .lV F A )��1UV .. .� :.. .Vr lwJ •w-^� •y71•Yp•e^ +r4 I r " j �-31 ea i' � e � o J Mtj- Ery '"; 4.n1Jr�+ k+ .i .. e.— _.` e/ (Q o✓. `�, .. ? •:iJlw•v «* , , r y,.n!J il+ rb•,•:t w rt`''! ^• .PGJdB Pfd7JID^SLIL.. a nelM COLORS -..{I RaiI, � S t-fJen3 a � F 1 r .`S..'•,4.` 'rF",fT 'y't hl 3 4 .. OV.s; ,'. -...�]1 r....C•l -.. �..a._�...V•aY1i[x'L�e-fk ..•mow_.. X'.h • _'in - O 'f' I. 3 w Id LLI 2 9 £ 1 0 > Zd O f,. d L� � - LL 0 0 ^' o- ❑ ui o 7 J U 0 W Q DANIEQ rCyGJ� 2 Q s 1• 1 0 LYNCH I.., N N 33186 Q rf TER y0? RVE - ryl PLAN ACCOMPANYING PETITION OF 7 SOUTHWEST ELEVATION SHEET Z OF 2 FRANKLIN STREET REALTY TRUST CRAIG C. BURNHAM , TRUSTEE LAND AT 14 FRANKLIN STREET SALEM, MA . , Olg7o A55E55o25 SN.z- ,v pAec_EL. 403 DANIEL J. LYNCH PROFESSIONAL ENGINEERS d SURVEYORS COMMERCIAL ST., MARBLEHEAD, MA.,O1445 v ilk i c�m�a �t'� on commission �! < Salem, _l9nssac3iuset[s 01970 Telephone I617 715-5056 (t" q'7 pA CiTY OF CITY OF SALEM WeTLANDS HEARING CONSERVATION COMMISSION A continuation of a public hearing will be held by the Wetlands Protection Act, G.L. Chapter 131, Section 40, at the request of SILENT SHIPS, INC. , 14 Franklin Street, Salem, Mass. The purpose of the hearing is to explore the effects of constructing a seawall to protect the shoreline and to construct a marine railway at 14 Franklin Street, Salem, Mass. The hearing will be held on Thursday, November 13, 1981 on the Third Floor of One Salem, Green, Salem, Mass at 8:15 PM/ 1 i d6ord N'or hrup/� Chairman IQ! of joldelit, Art flepat linvio thinhiptarlers Vlkd-i\T I (IN ol!' F Afl!: 'LAWS ------------ -- ------------ Jt I L. kt it I Ly I'l-tri L Wa Lu May 1, 1 , I I 11®,iI) livs, To oralI' 1 of HOK M, I If -iuc LI L)u L'., L !*l Ll C! I L to d i "n P r in m s u s a%U u 0 by y 0 NL 12-J4 FS ranklin L, SaTem, Mass. ----------- -------- As owner 1": ("NnqhML of the promi sos , A r"Int-ure , open land area or alleys ad j,"swit I Iwinto , Outlet. yc"ir calul jul you are hereby notified Lha t 110"d I I i I J115 I I !i I I!(I I je J(.)W , 1:i N I I!s it I I o in i i is pec I-- i oil by the Salem Kip I'MVIA" li "" BUCljan , are ordecull Lo he clarrecred within of Me ahuvu date . This oa dai is i ssumd under provisions of Chapter 1 4H , Section 5 of the (Wool a I I-aws or I he Cumnlonwaii I I h of MassachuseL. Ls and •ArLicle .1, , Section W- 140 , o of the Salem Piro Code . The in I lowl nq I i nl " i I ums " I U th"waal Lo be conditions 1 Lkely Lo cause I i ro , hutnuito danyerous an it fl10 hazai d , or are otherwise in violation " f law . 1. EWA ="ponay OF Lho Usn droup V occup"ney , for High Haznrd Usi: til' ittli :; loti,vt; ( Approx ION Lu ly ,, onn drums or Class A , Class F3 andlov w Lh"r hoz"l-du"v w"" Lo ON Lucia I a ) , Whou L proper permits Lind/or hicaHnns. 2, Fnijuro L" wtiviou sprinklor prinLraLitt" w4hin Lhis ocuupancy, wholl I o...ji:,:11piod it;; :ivoil , pur provisions or Masa, State huildint'. Cwh! , ;t:(: I; 1OI)s ond ) 20:% H J111-; I 'llo vJ,Is valCalll, Ns of Jan. 'I, 1079, and you were notified Lhrl (. were ouL OF ;N!rVicu. W"Inctipancy of the ot,ruvLurle roquiron Lhal. Volt cumplktwu with Lh" B" Ild ! HK Code he undertaken , Lrd I or o(ccoilaut:y he isn"ud For uny ocoupaincy, ) 3. You Hr� I)I'li, rod Lo WILKILu a" Lion to rumuve Lhu hazardous MRtarial , i,ord ;AjAll jlidkt: j�cuVj :jjolj;; fit ro- :11: IJvaLo Ulu spriNklor system, If , " I IhV axpiladitm "ll Lime al lowed , Maw conditions have not been remedial ",III no Const, al-ul-USaid ho shown till- Vailuro to comply , such further Ackun shall Pahl o . 1 ho klw I UqUA, rus . Notict! :il.!i:vod Jjy I L (: ,/,/ I c 'r o�(� /4 01Jt,1/(;oLl', It ir Order ' �,I ,Frionk I in ; I.. N:a It,./ Tr1r; 1, ( amny V. WHO,) �;����I k L , Tru;; 1 1 t.i I:, I I!I Notice issound lo Ti 1, 1.c ;!v1um Pipe v5dof — Date f,!i i"; I met.hod Hand hr� I I vI:1 t!d r/V I) 1 1, v I I:k t I y I L. I)Nvid (:(q cc : Ally . WilliAm TKU N.11 :ill,ll WkolA-e 1111 . js:;Jp . r, I i .l.e Form 11hA ( 1/11 ) J'�tISSEICjj1ISE�tB �f �leudqugrtere ette s�TreeT Date : Apr±l 23, 1980 Re : Fire Damaged Structures situated at 14 Franklin St. of the premises , structure , open lana area .)ied or otherwise under your control , the following recommendations are submitted and shall serve 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 seven days 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. As it appears, sufficient time has elapsed, since the fires which have occurred at your property, at 14 Franklin Street, Salem, Essex County, Mass. You are therefore ordered to take such action as deemed necessary, to remove all debris, which is continuing to create a fire hazard.' 2. This shall apply to the two structures. One of which is presently settled in a pile as a result of collapse and the adjacent structure, which is gutted, but remains standing. The Fire Chief and Building Inspector have determined that both structures are beyond rehabilitation. Therefore under provisions of Chapter 148, Section 5 of the General Laws of the Commonwealth of Iv;assachusetts and Section F-1.40. 0 and Section F141. 0 of the Salem Fire Code# you shall remove said structures from the premesies, so as to eleminate furthur vandalism and a probable cause of furthur' fires. Per Or r � � 0-( A1C j� � Lt. David J. oggir cc : Building Inspector Salem Fire Marshal Health Department file Certified Mail # 676248 Form #25A(9/75) 4/23/80 Bob Gauthier, Dave Goggin & Chief Brennan visited 14 Franklin St.---Fire Dept. will send notice to clean premises within 7 days. � N f J� 2 Q �� 8 � �w 2d uj Z 9 £ { O� 7 2 c N a Q a. J - LL O O ^� O o uJ Q U N a � TW Q tN N M� 3 +1 DANIEQ rcyN� _ Q 7. I J $ SYNCH N N 33186 O Vf TER ypP 3 PLAN ACCOMPANYING PETITION OF y SOUTHWEST ELEVATION SHEET Z OF Z FRANKLIN STREET REALTY TRUST CRAIG C. BURNHAM , TRUSTEE LAND AT 14 FRANKLIN STREET SALEM, MA ., Olg7o AssEsso2s s'� z6 Pae��l.. 403 DANIEL J. LYNCH PROFESSIONAL ENGINEERS < SURVEYORS COMMERCIAL ST., MARBLEHEAD, MA._O1445 — 61 1 C E R T I F I C A T E 2 Commonwealth of Massachusetts Middlesex, SS . 3 4 I , Frank Dunn, Certified Shorthand Reporter 5 and Notary Public within and for the Commonwealth of Massachusetts , do hereby certify that Leo E. 6 Tremblay, the witness whose deposition is hereinbefore set forth, appeared before me and was 7 duly sworn by me to testify to the truth, the whole truth, and nothing but the truth of his knowledge 8 concerning the matters in controversy in this cause . That he was thereupon carefully examined upon 9 his oath and his examination reduced to Computer Assisted Transcription by me; that the deposition is 10 a true record of the testimony given by the witness . I further certify that I am neither attorney 11 or counsel for, nor related to or employed by any of the parties to the action in which this deposition 12 is taken; and further, that I am not a relative or employee of any attorney or counsel employed by the 13 parties hereto or financially interested in the action. 14 15 16 IN WITNESS WHEREOF , I have hereunto set my hand and affixed my Notarial Seal this day 17 of 1993 . 18 19 My Commission Expires Frank Dunn, CSR October 16 , 1998 and Notary Public 20 21 22 23 r 24 n1TWW c r_nTMOVITT rte_ raj COPY VOLUME : I PAGES : 1 - 61 2 EXHIBITS : 1 - 6 3 COMMONWEALTH OF MASSACHUSETTS 4 ESSEX, SS LAND COURT DEPARTMENT 5 - - - - - - - - - - - - - - - - - 6 CRAIG C. BURNHAM, TRUSTEE OF THE FRANKLIN STREET REALTY TRUST and 7 BURNHAM ASSOCIATES , INC. , Plaintiffs 8 vs . Miscellaneous 9 Case No . 192580 CITY OF SALEM and LEO E. TREMBLAY, 10 INSPECTOR OF BUILDINGS OF THE CITY OF SALEM, 11 Defendants 1 - - - - - - - - - - - - - - - - - 12 13 DEPOSITION OF LEO E. TREMBLAY, taken on behalf 14 of the Plaintiffs , pursuant to the Massachusetts 15 Rules of Civil Procedure , before Frank Dunn, 16 Certified Shorthand Reporter and Notary Public in 17 and for the Commonwealth of Massachusetts , at the 18 offices of Keith W. Kauppila, Esq. , One Winthrop 19 Square , Boston, Massachusetts , on Monday, July 12 , 20 1993 , commencing at 10 : 10 A.M. 21 22 _ DUNN & GOUDREAU COURT REPORTING SERVICE, INC . 23 294 Washington Street , Suite 451 Boston , Massachusetts 02108 24 (617) 482-3039 DUNN & GOUDREAU 1 PRESENT: 2 Reith W. Kauppila , Esq. One Winthrop Square 3 Boston, MA 02110 For the Plaintiffs 4 DALY & DALY 5 (By Kevin T. Daly, Esq. ) One Church Street 6 Salem, MA 01970 For the Defendants 7 ALSO PRESENT: 8 Francis Choate Burnham 9 10 11 12 (ty' 13 14 15 16 17 18 19 20 21 22 23 24 DUNN & GOUDREAU 1 I N D E X 2 Deposition of : Direct Cross Redirect Recross 3 Leo E. Tremblay 4 5 (By Mr . Xauppila) 5 57 6 (By Mr. Daly) 54 -- 7 8 9 10 11 12 EXHIBITS 13 For Id. Description Page 14 No . 1 Application 17 15 No. 2 Set of plans 18 16 No . 3 Zoning Ordinance for the City of 26 17 Salem, Massachusetts 18 No. 4 Letter 34 19 No . 5 Letter 36 20 No . 6 Photocopy of Chapter 40 , Section 51 21 57 of the Massachusetts General 22 Laws 23 24 DUNN & GOUDREAU e 1 STIPULATION 2 It is hereby stipulated and agreed by and 3 between counsel for the respective parties that the 4 sealing and filing of the deposition in court are 5 waived; that the witness shall read and sign the 6 deposition transcript under the pains and penalties 7 of perjury, within thirty days of receipt thereof . 8 It is further stipulated that all objections , 9 except as to the form of the question, and all 10 motions to strike are reserved until the time of 11 trial . , . 12 - - - - 13 MR. DALY: One thing I 'd like to put 14 on the record. My name is Kevin Daly. I 15 represent the City of Salem in this case . 16 Present at the deposition today is a 17 gentleman named Francis Burnham. It is 18 unclear to me as to his role in this 19 deposition and in this lawsuit . Should Mr . 20 Burnham exhibit any disruptive behavior, 21 whatsoever, myself and Mr . Tremblay will be 22 leaving the room. 23 MR. KAUPPILA: Just for 24 clarification, I ' ll state the reason Mr . DUNN & GOUDREAU •� g 1 Burnham is here. It ' s my understanding he is 2 an officer of the plaintiff , Burnham 3 Associates , Inc . Therefore , he has a right to 4 be here . Of course we are all gentleman and I 5 don ' t anticipate any problems . 6 - - - - 7 LEO T. TREMBLAY, having been duly sworn by the 8 Notary Public , testified as follows in answer to 9 direct interrogatories by Mr . Rauppila: 10 Q Morning, Mr. Tremblay. 11 A Morning. 12 Q Would you please state your full name for the CUP 13 record? 14 A Leo E. Tremblay. 15 Q What is your residential address? 16 A 207 Jefferson Avenue , Salem, Massachusetts . 17 Q What is your professional address? 18 A One Salem Green. 19 Q That ' s Salem, Massachusetts? 20 A Yes . 21 Q What is your position? 22 A Building inspector for the City of Salem. 23 Q Could you briefly describe what that position 24 involves? DUNN & GOUDREAU Y • 6 1 A Involves reviewing of drawings , issuing 2 building permits , and doing specific 3 inspections during the construction process . 4 Q Is this a full-time position with the City? 5 A Yes , it is . 6 Q How long have you had that position? 7 A November of ' 92 . 8 Q How did you obtain that position? 9 A I wrote in a resume to the City, when they 10 were acquiring resumes for the position. 11 Q Was this in response to an advertisement? 12 A An advertisement through the Salem News , yes . mow' 13 Q Who was your predecessor on the job? 14 A Mr . Monroe . 15 Q Do you know his full name? 16 MR. DALY: William. 17 MR. RAUPPILA: William Monroe? 18 MR. DALY: Yes . 19 Q Do you know how long he had the position? 20 A I have no idea . 21 Q Prior to November of 1992 , how were you 22 employed? 23 A I was employed by the City as clerk of the 24 works on a new police station in the City of DUNN & GOUDREAU • 7 1 Salem. 2 Q Clerk of the works? 3 A Clerk of the works . 4 Q What did that position involve? 5 A Inspection of all ongoing construction. 6 Q That was with -- 7 A On the job site . 8 Q With respect to one specific project? 9 A Yes . 10 Q How long was that position? 11 A I believe that was eighteen months . 12 Q Prior to that, how were you employed? �p N 13 A I worked for a firm known as Welch Management 14 Group, who was also known as James J . Welch. 15 Q Was that also involved in the construction 16 area? 17 A Yes . 18 Q With regard to your position as the inspector 19 of buildings , could you please describe what 20 your most relevant experience is and training? 21 A My training? 22 Q Yes . What was the experience that allowed you 23 or that enabled you to get this position? 24 A My background in construction -- in the DUNN & GOUDREAU 1 construction field. 2 Q How many years does that involve? 3 A �wenty-eight�. Thirty-three ,) actually. 4 Q Is that all on-the-job training? 5 A Yes . 6 Q Any education which enabled you to get this 7 position? 8 A I went through an apprentice program through 9 the Lynn Trade School to enable me to get into 10 the masonry aspect of construction and took 11 off from there. r, 12 Q How long ago was that? 13 A Somewhere in 1959 , 1960 . 14 Q In the City of Salem, could you please 15 describe the process that is involved when a 16 person applies for a building permit? 17 A The person, first of all , drops off a set of 18 drawings with the permit, which is reviewed by 19 myself . And if there are any code violations 20 or changes that should be done to the 21 drawings , we do make them, notify the owners 22 of the changes that are required, issue the 23 permit . Before it ' s even brought to me, it 24 goes through the fire marshal for their DUNN & GOUDREAU • • 9 1 approval . 2 Q I was going to ask, who looks at it first? 3 The answer to that would be the fire marshal 4 sees it first? 5 A He actually gives his stamp of approval for 6 the fire suppression systems and so forth. 7 Q Is there an application form filled out? 8 A Yes . 9 Q What information is requested in the 10 application form? 11 A The area that the building is going to be 12 built in, what the building is going to be 13 utilized as , the amount of money that the 14 construction is based on. 15 Q Okay. After the fire marshal , then what 16 happens to the application? 17 A It depends on the size of the job. We have 18 what we call a -- I can' t even think of the 19 name of the slip -- a routing slip that goes 20 through Planning, Water Department. It goes 21 through all the different departments , and 22 then it comes back to me , if they have any 23 questions . 24 Q Is there a fee with the application? DUNN & GOUDREAU • • 10 1 A The fee is , yes , six percent of the -- six 2 dollars per thousand. 3 Q Does each application go through this routing 4 procedure? 5 A Depending on the size of the job. If it ' s 6 only a shed or a deck , we wouldn' t have to go 7 through that procedure, no. 8 Q Is there any criteria which determines that it 9 has to go through the routing procedure? 10 A Any size building, other than the size of a it deck and a shed, yes, would go through the 12 criteria. 13 Q Who makes the determination of whether or 14 not it has to go through the routing 15 procedure? 16 A Whether it ' s the size of a deck or a shed. 17 Q Who makes the determination? An application 18 comes into your office -- 19 A Yeah. 20 Q Is it you or the secretary who says "oh, this 21 one has to be routed?" 22 A Anyone who can read, I guess . 23 Q Okay . 24 A My office . DUNN & GOUDREAU �• • it 1 Q Of these people who read in your office, who 2 receives the application first? 3 A The secretaries usually do. 4 Q Are they the ones responsible for routing? 5 A They will tell -- a lot of times we are not in 6 the office . They will have it routed if they 7 feel it ' s required, yes . 8 Q Now, in addition to yourself , are there other 9 building inspectors employed by the City? 10 A Yes , there are . 11 Q How many are there? 12 A There are two assistant building inspectors , 13 two plumbing inspectors , also. 14 Q Do they also perform the review procedure of 15 an application? 16 A Yes . 17 Q What are the names of the other building 18 inspectors? 19 A John Jennings and Mr . Martineau. 20 Q How do you spell? 21 A M-A-R-T-I-N-E-A-U. 22 Q Mr . Martineau' s first name is what? 23 A I ' ve been on vacation for two weeks . I 24 can ' t even think of his first name . It will DUNN & GOUDREAU 0 12 1 come. 2 MR. DALY: Maurice . 3 A Maurice . 4 Q Maurice. 5 A There you go. 6 Q Are they full-time employees? 7 A Yes . 8 Q How long has Mr. Jennings been an assistant 9 building inspector? 10 A I would say about four to five months . 11 Q How about Maurice , how long has he been an ! h 12 assistant building inspector? 13 A He ' s been on the job quite awhile. I would 14 say over ten years . 15 Q In general , the application procedure , this 16 whole process takes how long? 17 A Depending how busy we are . Anywhere from five 18 to ten days . 19 Q If an application is denied, how is the 20 applicant notified? 21 A By mail . 22 Q Is there a certain form letter that you use? 23 A No . 24 Q You just say "I 'm sorry, we are denying your DUNN & GOUDREAU 13 G 1 application?" LLQ 2 A Give them the reason why. 3 Q And is this letter always signed by you? 4 A Yes. Definitely. 5 Q Mr. Jennings and Mr. Martineau don' t sign? 6 A No. 7 Q It' s your responsibility? 8 A Yes . 9 Q Do Mr . Jennings and Mr . Martineau, as 10 assistant building inspectors, have the 11 authority to deny applications? 12 A Definitely, yes . 13 Q If they make that decision, it ' s passed on 14 to you for the final signature , is that 15 correct? 16 A For review, yes. 17 Q Okay. After an application is submitted, is a 18 file created? 19 A There ' s already a street file on the property. 20 So, whatever transpires is added to the street 21 file . 22 Q The street file is maintained where? 23 A In my office . ti 24 Q And is it possible that almost every address DUNN & GOUDREAU 14 1 in the City of Salem has a street file? 2 A Is it possible? 3 Q Yes . 4 A There ' s very few missing that I know of . 5 Q If they are missing, they would be created as 6 a result of some activity on the lot, is that 7 correct? 8 A If they are there because of the activity on 9 the lot, yes . Or if they are not there 10 because of non-activity. We also have 11 archives that we have records in. 12 Q With regard to a specific street file on a G.: 13 piece of property, what would be included 14 within that street file? 15 A Board of Appeals ' decisions, anything to do 16 with the property. Any correspondence , 17 whatsoever, that has gone on with it. 18 Q My question is this : Is there a separate 19 street file for each board? For instance , 20 does the Planning Board have a separate street 21 file from the building inspector? 22 A I can' t answer that . I have no idea how the 23 Planning Board works . 24 Q In the process of reviewing an application, do DUNN & GOUDREAU ��� • • 15 1 you review the street file that applies to 2 that property? 3 A Definitely. , 4 Q What is the purpose of that review? 5 A Just in case of a Board of Appeals ' decision 6 that we might overlook. And also to check to 7 see if it ' s in a historical society -- 8 historical district, sorry. 9 Q What would be the effect of it being in an 30 historical district? 11 A What would be the effect? 12 Q Yes . 13 A The people wanting a permit would have to go 14 through the Historical Commission, be granted 15 certain repairs . 16 Q Are you familiar with the property located at 17 14 Franklin Street? 18 A To some extent, yes . 19 Q What is the basis of your knowledge of the 20 property? 21 A I don ' t quite get the question, I guess . I 22 need a more specific question. 23 Q That ' s fair . I asked you if you ' re familiar 24 with 14 Franklin Street, and you said "to some DUNN & GOUDREAU • • 16 1 extent?" 2 A Yes . 3 Q I 'm wondering what is the extent you' re 4 familiar. How do you know about it? How have 5 you been involved? 6 A The owners approached me to pull a permit for 7 a building on the premises . And at the time 8 that they came in to pull the permit, I knew 9 there was some legal action ongoing with the 10 property. So, I consulted my Legal Department it of what I should do. And I was told not to 12 issue any permits until all legal matters were V 13 resolved. 14 Q Who was it in the Legal Department , at that 15 time? 16 A Kevin Daly. 17 Q Any other attorneys , other than Mr . Daly, that 18 you consulted with? 19 A No . 20 Q When you used the term "pull a permit , " does 21 that mean apply for and have a permit granted? 22 A Yes . 23 Q You were approached by the owners . Who are 0 24 the owners that you refer to? DUNN & GOUDREAU • • 17 1 A Mr. Burnham. 2 Q You' re referring to the gentleman sitting here 3 today? 4 A Yes . And his son, I believe, was also there . 5 Q When did this occur that you were first 6 approached by the owners? 7 A Date-wise? I have no idea . 8 Q Was it prior to the submittal of an 9 application by someone on their behalf? 10 A Again, I don' t recollect. 11 Q Do you recall when an application was 12 submitted? 13 A I do recall that an application was submitted, 14 yes . 15 Q Prior to the submission of the application, 16 had you had conversations with any of the 17 owners concerning pulling the permit? 18 A I don' t remember any, no . 19 Q Do you know if anyone in your office did? 20 A Not to my recollection. 21 MR. RAUPPILA: Mark this , please, as 22 Exhibit 1 and this as Exhibit 2 . (Indicating) 23 (Application is marked Exhibit No. 24 1 . ) DUNN & GOUDREAU • • 18 1 go (Set of plans is marked Exhibit No. 2 2 . ) 3 Q Mr. Tremblay, I ' ll show you what ' s been marked 4 as Exhibit 1 , which is a copy of a document 5 entitled "City of Salem Application for Permit 6 to Build Addition, Make Alterations or New 7 Construction. " And I ' ll ask you if you can 8 identify that document? (Indicating) 9 A Yes . That ' s our regular application for 10 permit. 11 Q What property does that apply to? 12 A 14 Franklin Street. 13 Q And is this a copy of the application that was 14 submitted to you for building on 14 Franklin 15 Street? 16 A I would say that is one that was issued to me , 17 yes . 18 Q When that application was issued to you, was 19 it also accompanied by a set of plans? 20 A Yes . Two sets , in fact. 21 Q Let me show you what has been marked as 22 Exhibit 2 . (Indicating) 23 MR. DALY: For the record, how many 24 pages is Exhibit 1 here? DUNN & GOUDREAU • • 19 1 MR. RAUPPILA: It ' s a total of four 2 pages . I believe the original is one folded 3 document. S. 4 Q And Exhibit 2 is a set of plans in a blueprint 5 form consisting of six pages . And I ' ll ask 6 you if you recognize those, Mr. Tremblay? 7 (indicating) 8 A Actually, I don ' t recognize them, because I 9 never reviewed them. There was no need of me 10 reviewing them, because I wasn ' t going to 11 issue a permit for the building. So, I 12 actually never reviewed the drawings . 13 Q Were the drawings submitted with the 14 application marked as Exhibit 1? 15 A Yes . 16 Q Did you review Exhibit 1? 17 A The permit? 18 Q Yes . 19 A I have to review the permit to know who was 20 asking for what . . 21 Q But you never went to the step of Exhibit 2? 22 A No . 23 Q Okay. 24 A Not really. DUNN & GOUDREAU 20 1 Q Why was that? 2 A Because I knew I wouldn' t be issuing a permit 3 for it. 4 Q How did you know that without reviewing the 5 plans? 6 A Because of the legal actions that were ongoing 7 with the property. 8 Q What were those legal actions? 9 A I have no idea . All I know is some legal 10 actions were being taken on that property. I 11 don ' t know what they were . That ' s why I 12 consulted with the City -- ZI 13 Q What was his position? 14 A Legal adviser. 15 Q The City legal adviser? 16 A Yes . 17 Q What knowledge did you have -- 18 A City assessor -- solicitor, rather. 19 Q City solicitor . Okay. At the time that you 20 brought upon yourself to consult the city 21 solicitor, what knowledge did you have of 22 legal problems or negotiations -- 23 A None . No knowledge , whatsoever. All I had 24 was hearsay from my secretaries that there DUNN & GOUDRBAU • • 21 1 was some legal matters in connection with 2 this property. Why she knew that, I have no 3 idea. 4 Q So, the source was your secretary? 5 A I believe so, yes . 6 Q What is your secretary' s name? 7 A Brenda Summerall . 8 Q So, as I understand it, the owners approached 9 you about pulling a permit and Brenda 10 Summerall told you there might be some legal 11 matters about 14 Franklin Street, is that 12 correct? i:- 13 A Right . 14 Q Then, as a result of what Brenda told you, you 15 then contacted the city solicitor? 16 A Right . 17 Q Okay. As a result of talking to the city 18 solicitor , what action did you take on the 19 application? 20 A I denied the permit . 21 Q And in what form did you deny the permit? 22 A I believe I stated on my letter because of 23 ongoing litigation, to that tone . I ' d have to 24 deny the permit . DUNN & GOUDRSAU 23 . 1 A He is or his firm is . 2 Q Why don ' t you review Exhibit 1 . Can you tell 3 me who the applicant is? 4 A Burnham Associates . 5 Q Now, at this point in time, do you know what 6 the ongoing litigation is that you used to 7 deny the application? 8 A Do I know what the ongoing litigation is? 9 Q Yes . 10 A No, I don ' t know what the ongoing litigation 11 is . All I know is there is an ongoing 12 litigation. 13 Q That was the basis of your denial of the 14 application for the building permit? 15 A Yes . Until it was cleared up. 16 Q Okay. Did you feel any need to know what this 17 litigation was? 18 A No. 19 Q You were just doing what you were told to do , 20 is that correct? 21 A No. I was doing what I thought was right. 22 Any legal litigation on any property would 23 stop me from issuing a permit. 24 Q Even if it were unrelated to the use of the DUNN & GOUDREAU 24 1 property, itself? 2 A As long -- I just said, if there was 3 litigation tied to the property or to the 4 owners , I would not issue a permit. 5 Q Okay. But you don' t need to know what the 6 litigation is? 7 A No. 8 Q In general , when an application is denied, you 9 stated that you send a letter and tell the 10 reason for the denial , is that correct? 11 A Right . 4 12 Q Do you also or are you required to notify the W 13 applicant of any rights of appeal? 14 A No. 15 Q Do you know what the rights of appeal are , if 16 an application is denied? 17 A Do I know the rights? 18 Q Yes . 19 A They have rights to appeal to either the Salem 20 Board of Appeals or they also have a right to 21 go to the state building codes and appeal 22 through that process . 23 Q But you don' t notify applicants of that appeal 24 process? DUNN & GOUDREAU 0 0 25 1 A In most cases we do let them know that they 2 can appeal to the Board of Appeals , yes . 3 Q Now, other than your attorney, that is other 4 than the city solicitor , did you talk to 5 anybody else about the submission of this 6 application? 7 A No. 8 Q After receiving this application or the 9 request to pull a permit, the only individuals 10 that you had any conversation with about it 11 was Mr . Daly, who is sitting with you here 12 now? 13 A Yes . 14 Q Or I should include your secretary , as well . 15 Other than Mr . Daly and your secretary, did 16 you have conversations with anybody else? 17 A No. 18 Q When you act upon an application for building 19 permit , I assume that you are applying the 20 requirements of the Salem Zoning Ordinance, is 21 that correct? 22 A Yes . 23 MR. RAUPPILA: Could we mark this as 24 Exhibit 3 , please? (Indicating) DUNN & GOUDREAU • • 26 1 (Zoning Ordinance for the City of 2 Salem, Massachusetts is marked 3 Exhibit No . 3 . ) 4 Q Mr. Tremblay, I 'm showing you what ' s been 5 marked as Exhibit 3 . Is that the City of 6 Salem Zoning Ordinance? (Indicating) 7 A Yes, it is . 8 Q Is that what you use in the course of your 9 profession of the building inspector of the 10 City of Salem? 11 A As zoning officer , yes . 12 Q When an application comes in, what, within the 13 zoning ordinance, do you rely upon in passing 14 on that application? 15 A What is the permitted uses and the different 16 zoning -- city zoning areas . -�17 Q 14 Franklin Street is located in the B-5 18 Central Development District, is that correct? X19 A Yes . 20 Q And the various requirements or standards of -21 the B-5 Central Development District are set 22 forth on the zoning ordinance , is that 23 correct? 24 A Yes . DUNN & GOUDREAU 0 27 1 Q As I understand it, you didn' t consult the 2 zoning ordinance with regard to this 3 application, is that true? 4 A I believe I stated I didn' t even review the 5 drawings . 6 Q Then, in addition to not reviewing the 7 drawings , you also did not consult the zoning 8 ordinance, is that correct? 9 A Well , I have , since this case has started, 10 yes . 11 Q Since the case has started, what have you Fr 12 reviewed? —�13 A That this is a non-conforming use in a B-5 14 District. j 15 Q Within the B-5 District, what are the 16 permitted uses? 17 A They are listed in the book . 18 Q Can you tell me -- 19 A I 'm sure you don ' t want me to -- or are asking 20 me to remember them all . Would you like to 21 have me read them all off? 22 Q No. Going back to Exhibit 1 , that is the City 23 of Salem application, is there a place on that 24 application which requests what the use is DUNN & GOUDREAU 28 1 going to be? (Indicating) 2 A I can' t remember that . No, I don ' t believe 3 there is on the application. 4 Q So, is it a correct statement that when you 5 are reviewing an application for a building 6 permit, that you don ' t take into consideration 7 the permitted use as set forth in the zoning 8 ordinance? / 9 A Apparently, we don' t in writing, if that' s 10 what you ' re telling me . 11 Q Well , that ' s what I 'm asking you. 12 A It ' s not on the permit. 13 Q Do you also look at density requirements? 14 A Yes . 15 Q You need to determine whether the application, 16 as submitted, meets the density requirements 17 of the bylaw? 18 A Right . 19 Q Now, the B-5 Central Development District has 20 its own requirements for density, is that 21 correct? 22 A Yes . 23 Q Are they set forth on Page 25 of that 24 ordinance? DUNN & GOUDREAU 29 1 A Yes . 2 Q Is that Table III? 3 A Yes . 4 Q As I understand it, if somebody submits a 5 building application or requests that you pull 6 a permit for a building within the B-5 7 District, Table III is what you would consult 8 as to density requirements? 9 A Yes . 10 Q In this particular case, I see that in Table 11 III there are actually four headings on the 12 table? 13 A Uh-huh. 14 Q Which of those four would this application 15 apply to? 16 A Non-Residential Uses - New Construction. 17 Q Within the density regulations , there are a 18 number of different requirements , aren' t 19 there? 20 A Uh-huh. 21 Q What is the first requirement that has to be 22 met? 23 A Minimum lot area, square feet. 24 Q So, this application had to meet a requirement DUNN & GOUDRBAU • 30 1 of what minimum lot area? 2 A 2,000 square feet. 3 Q Mr . Tremblay, I ' ll ask you to take a look at 4 Exhibit 1 and Exhibit 2 , and ask you if these 5 plans and application as you see before you 6 meet that minimum requirement? (Indicating) 7 A I don' t see a site drawing. 8 Q Why don ' t you look on the first page , on the 9 left. 10 A I actually can' t understand that . But it 11 seems to me , yes, the lot size is more than yy, 12 sufficient. 21 , 005 square feet I believe is 13 what it says . 14 Q After minimum lot area , what is the next 15 requirement that has to be met? 16 A The lot width. 17 Q Okay. Again, referring to Exhibit 2 , is that 18 requirement met? 19 A Yeah. 20 Q After lot width, what is there? 21 A Lot coverage by all buildings , percentage. 22 Q And is that requirement met? 23 A Yeah. 24 Q After that , what is the next requirement? DUNN & GOUDREAU 31 1 A Minimum width of side yard in feet . Five 2 feet. 3 Q Five feet. Is that requirement met? 4 A I can ' t understand it, but it looks like it 5 would be over five feet. The writing is a 6 little blurred. 7 Q Does it look like at least -- 8 A Looks like he has at least five feet there , 9 yes . 10 Q What ' s the next requirement? 11 A Maximum height of the building. 12 Q What is that maximum height? t_ 13 A Story -- six stories . That meets that 14 requirement , yes . 15 Q Any other requirements? 16 A Minimum distance between buildings . There are 17 no other buildings . 18 Q Mr. Tremblay, is it a correct statement that 19 these plans and application, as submitted to 20 you, meet all the requirements of Table III as 21 set forth in the zoning ordinance? 22 A Yes . 23 Q Now, you mentioned a street file . In addition 24 to the street file , do you maintain a separate DUNN & GOUDREAU 32 1 file? For instance , when all these plans come 2 in, do you set up a different file of your 3 own? 4 A Yes . Of my own personal? 5 Q Yes . 6 A No. 7 Q Well , in your capacity as the building 8 inspector? 9 A Yes . 30 Q That ' s in addition to the street file? 11 A No. It ' s all part of the street file . 12 Q So, if we went to your particular property and 13 say, within the last ten years , somebody 14 submitted a building application, that would 15 be within there? 16 A Yes . 17 Q Have you had an opportunity to review the 18 street file for 14 Franklin Street , before 19 coming here today? 20 A Not recently, no . 21 Q When was the last time you reviewed it? 22 A Probably three , four weeks ago. 23 Q What caused you to review it at that time? 24 A What caused me to review it at that time? I DUNN & GOUDREAU 33 Cil 1 don' t recall what caused me to review it . 2 Probably knowing I was coming to a deposition. 3 I don ' t remember. I do remember looking at 4 the files . 5 Q What is contained within that file? 6 A Again, the Board of Appeals ' decisions on 7 anything that might have transpired on the 8 land; any correspondence, any permits that 9 might have been issued; I believe who owned 10 the property and when it was transferred, by 11 whom, at what time. 12 Q Does that information come from the Registry 13 of Deeds? 14 A Yes , I believe a lot of information that ' s in 15 the folder comes from the Registry of Deeds . 16 Plot plans , so forth and so on of the 17 property. 18 Q Did the street file for 14 Franklin Street 19 have any other building plans in it? 20 A No. 21 Q It has some document which indicates the chain 22 of ownership? 23 A It has documents of refusal to affirm who 24 previously owned the company for a building or DUNN & GOUDREAU • • 34 1 some type of structure that he wanted to 2 install on the property for repairs to 3 commercial vehicles . 4 Q My question was is there a document in there 5 which indicates the chain of ownership? 6 A I don ' t know that, per se . There might be . 7 There might not be . Some cases we have it and 8 some cases we don ' t. This particular one, I 9 don ' t remember reading. 10 MR. KAUPPILA: Mark that, please. 11 (Indicating) 12 (Letter is marked Exhibit No. 4 . ) 13 A Can I go a step further on this? (Indicating) 14 MR. DALY: Let him ask you the 15 question . 16 Q Do you have something you want to add? 17 A No. 18 Q Mr. Tremblay, I show you what ' s been marked as 19 Exhibit 4 . That ' s a letter dated April 8th, I 20 believe, signed by you. Do you recognize 21 that? (Indicating) 22 A Yes , I do . / 23 Q What is that? 24 A That was a letter I sent to Mr. Burnham, DUNN & GOUDREAU 35 1 advising him that I was denying him the permit 2 for this building. 3 Q The reason for that denial was what? 4 A Litigation -- ongoing litigation. 5 Q When you wrote that, you didn ' t know what the 6 ongoing litigation was? 7 A Absolutely not . 8 Q Did anybody tell you to write that letter? 9 A Did anybody tell me to write that letter? 10 Q Yes . 11 A No, this is automatic on a permit denial . 12 Q Did you return the plans with that letter, as 13 well? 14 A No. I believe I returned the drawings to 15 either Mr . Burnham or his son . 16 Q Within the street file, is there a copy of 17 this application for Exhibit 1? 18 A I would believe -- no, I don ' t believe it ' s in 19 there. Because we returned it. So, I would 20 have no -- 21 Q Is that the usual procedure , that when an 22 application is denied, that it ' s not kept 23 within the street file? 24 A I don ' t know if it ' s usual , but it ' s my DUNN & GOUDREAU • • 36 1 procedure . There ' s no need of keeping a CFO 2 building permit that we are not going to 3 process . 4 Q Doesn ' t the street file contain applications 5 which were denied and therefore, not 6 processed? 7 A Board of Appeals ' decisions are kept in there. 8 Q As I understand it, it ' s your practice that if 9 an application is denied, that you return that 30 application? 11 A That ' s been my practice , yes . 12 Q And you return the plans and drawings , also? 13 A Yes . 14 Q The street file now of 14 Franklin Street does 15 not include Exhibit 1 or Exhibit 2? 16 A None of this , no . 17 MR. KAUPPILA: Mark this as Exhibit 18 5, please . (Indicating) 19 (Letter is marked Exhibit No. 5 . ) 20 Q Mr. Tremblay, showing you what ' s been marked 21 as Exhibit 5, have you ever seen that letter 22 before? (Indicating) 23 MR. KAUPPILA: For the record, let me 24 state that it ' s dated April 12 and signed by DUNN & GOUDREAU • 0 37 1 Kevin T. Daly. 2 Q Have you seen that before? 3 A No . 4 Q Is this the Mr. Daly who you 've referred to as 5 the city solicitor? 6 A Yes . 7 Q You 've never seen this letter before? 8 A I don ' t believe so. 9 Q Exhibit 5 states that a building permit is 10 being denied pursuant to General Laws , Chapter 11 40 , Section 57 . Are you familiar with General 12 Laws , Chapter 40 , Section 57? �a 13 A Not really. I couldn ' t recite it. 14 Q Do you have any idea what it applies to? 15 A No. 16 Q In your capacity as building inspector, are 17 you called upon to deal with Massachusetts 18 General Laws at any time? 19 A No . ------20 Q So you don ' t know what Chapter 40 , Section 57 21 is? 22 A I do not , no. I take it that you' ve never denied an 24 application because of Chapter 40 , Section 57? DUNN & GOUDREAU • 38 1 A I have never denied -- what was the question 2 again? 3 Q Have you ever, in your capacity as the 4 building inspector, denied an application 5 because of the requirements of Chapter 40 , 6 Section 57? 7 A I have never denied a permit until this one . 8 Q This is since November of 1992, you've never 9 denied one? 10 A Right. 11 Q Have you ever received an application that may 12 not have been quite complete, and you've 13 worked with the owners to put it into the 14 proper form? 15 A Yes, I have . 16 Q But, you didn ' t feel the need to do that here? 17 A This is a nonconforming use , and it would have 18 to go to the Board of Appeals . 19 Q What is your understanding of the use of this 20 property? 21 A Some sort of a marina. 22 Q A marina? 23 A Marina corporation. 24 Q That ' s the basis of your statement that it ' s a DUNN 8 GOUDREAU • 39 1 nonconforming use? 2 A Yes. 3 Q Now, before you were going to read what were 4 the permitted uses here , but I stopped you. 5 Maybe I think you should go ahead and tell us 6 what the permitted uses are . 7 A "All uses permitted in B-1 Districts , subject 8 to all the provisions specified for such uses . 9 "Other retail stores and service 10 establishments, except those permitted in B-4 11 Districts . 12 "Places of commercial recreation and iy�ry 13 entertainment, such as theaters and bowling 14 alleys . 15 "Restaurants and other eating and 16 drinking places . 17 "Nonprofit clubs , lodges and 18 fraternal associations . 19 "Philanthropic , " whatever that is , 20 "and charitable institutions . 21 "Music and dancing studios . 22 "Trade and business schools . 23 "Hotels , motels and inns . 24 "Business and professional offices . DUNN & GOUDREAU 40 1 "Off-street parking and loading 2 facilities . 3 "Building and facilities for housing 4 projects built under the jurisdiction of Salem 5 Housing Authority and financially aided by 6 either the U. S . Public Housing Administration 7 and/or the Commonwealth of Massachusetts 8 Department of Commerce-Division of Public 9 Housing. 10 "Retail-wholesale contractors supply 11 establishments, provided, however , that the r. 12 wholesale operation does not consist of over 13 fifty (50) percent of the business . 14 "Studios , workrooms and shops of 15 artists , artisans and craftsmen, provided that 16 all products of the artistic endeavor or craft 17 activity are primarily for sale on the 18 premises or by specific off-premises 19 commission from a sponsor or client . 20 "Publishing and printing 21 establishments . 22 "One-family, two-family and 23 multifamily residential uses as primary uses 24 in townhouse , row house , flats or multistory DUNN & GOUDREAU 41 KE1 arrangements , including high-rises , and as 2 secondary uses in upper floors or structures 3 primarily used for retail , personal service or 4 office purposes. " 5 Q And finally? 6 A "Accessory uses generally in support of the 7 above permitted uses . " Q Okay. Is it correct that business and 9 professional offices are a permitted use in 10 this district? 11 A Yes . 12 Q From the application submitted, that is 13 Exhibit 1 and Exhibit 2 , is there anything in 14 that application, Mr. Tremblay, that would 15 suggest to you that this is anything other 16 than a business and professional office? 17 A No . 18 Q How long have you lived in the City of Salem? 19 A All my life . Fifty-four years . 20 Q Are you a graduate of Salem High School? 21 A No. Never graduated. 22 Q What part of town do you live in now? 23 A North Salem end of Salem, which I grew up. `= 24 Q How far is the North Salem area from 14 DUNN & GOUDREAU 42 1 Franklin Street? 2 A From my home, I would say it ' s no more than a 3 mile to a mile and a quarter away. 4 Q Is it a correct statement that throughout most 5 of your life , you ' ve been familiar with this 6 area of town that includes Franklin Street? 7 A Yes . 8 Q As you' ve been growing up, what types of uses 9 have there been along the North River there? 10 A Along the North River? 11 Q Yes . Well , Franklin Street has lots that abut 12 the North River, is that correct? 13 A Yes . 14 Q As you 've been growing up, what uses have 15 there been for the property there? 16 A The major uses over there that I grew up with 17 are the junk yard that ' s located on the 18 Franklin Street properties and a boat yard, I 19 believe , is also located in that area. 20 Q And how long do you remember a boat yard being 21 there? Are we talking about when you were a 22 youngster? 23 A How long? I mean I don' t know. I can 24 probably go back thirty years or so, yeah. DUNN & GOUDREAU 43 1 Q Based upon your memory of having grown up in 2 that area or at least a mile from there , at 3 least thirty years ago there was a boat yard 4 in that neighborhood? 5 A Yes . 6 Q And that boat yard, was it located at the same 7 location that we are talking about now, 14 8 Franklin Street? 9 A Next to 14 Franklin Street. I can ' t say it 10 was specifically• 14 Franklin Street, no. it Q It ' s possible that at that point in time , 12 they may have all been one lot, is that 13 correct? 14 A Possible . 15 Q During this time period of the last thirty 16 years , what other uses do you recall there 17 having been along Franklin Street? 18 A Well , there ' s been a car wash and there ' s also 19 been a construction firm who stored his 20 materials there, his equipment . 21 Q What type of equipment was stored by this 22 construction firm? 23 A Dump trucks and machinery, backhoes , so forth 24 and so on. DUNN & GOUDRSAU . 44 1 Q What you call heavy equipment? a 2 A Well , what do you consider heavy equipment? 3 Q Backhoes , dump trucks . 4 A A backhoe is not considered a piece of heavy 5 equipment. You don' t go into heavy equipment 6 until you go into cranes and this type . 7 Bulldozer, D-31s . 8 Q Do you recall cranes being stored on the 9 property? 10 A I don' t recall cranes being stored on the 11 property, no. 12 Q How about in that neighborhood in general? 13 A I used to see signs of cranes driving by, 14 loading and unloading boats . 15 Q How long ago was that? 16 A How long ago is that? It ' s still going on 17 now, as far as I know. 18 Q Does this go back the thirty years you 've been 19 talking about? 20 A Off and on, yes . 21 Q How old are you, Mr . Tremblay? 22 A Fifty-four . 23 Q Do you know who the previous owners of 14 24 Franklin Street were? DUNN & GOUDRHAU • 45 1 A I believe they were Linskey Construction. 2 Q Prior to Mr . Linskey, do you know who owned 3 it? 4 A Not really. Just what I read. I believe it 5 was a Russell . 6 Q Gifford Russell? 7 A I have no idea. All I recollect was a 8 Russell . 9 Q And you said that you read. What were you 10 reading? 11 A The transcripts . 12 Q What transcripts? 13 A His affidavit. 14 Q I see . That is documents from this court 15 case? 16 A Yes . 17 Q Based upon your own memory, do you have a 18 memory of a marine railway being in existence 19 on Franklin Street? 20 A No . 21 Q Do you have a memory of any factories being in 22 existence on Franklin Street? 23 A Yes . 24 Q When was that? DUNN & GOUDREAU 1 46 1 A When was I aware that there were factories on -01 2 that -- 3 Q Yes . Was this when you were a kid? 4 A There ' s always been factories over there of 5 some type or other , I believe. 6 Q What kind of factories? 7 A There ' s a Seaboard Chemicals that I 'm Well 8 aware of . There was a tile distributor . 9 Q What does Seaboard Chemicals do? 10 A They are no longer. 11 Q When did they go out of business? 12 A I believe in the last two years . 13 Q What did they do? 14 A They are a chemical firm. I have no idea what 15 they did. 16 Q Now, when you receive an application for a 17 building permit, in deciding whether to allow 18 that or not, again, I 'm talking about in 19 general and not with regard to this specific 20 one , but in deciding whether or not to pull 21 the permit, do you ask or consider what the 22 use of the property is going to be? 23 A I would determine that by looking at the t` "-' 24 drawings and looking through, yes . DUNN & GOUDREAU • 47 1 Q You don' t ask it, though? 2 A We ask anything we don' t have the information 3 in front of us, yes . 4 Q With regard to this application, did you make 5 a determination that this was not going to be 6 a permitted use? 7 A After looking at it now. 8 Q Have you made that determination? �--`9 A Yes . It ' s not a permitted use under B-5. 10 After looking at the book, I could make that 11 conclusion, yeah. 12 Q What is that conclusion based upon? 6 "ty�7 13 A It is not under the B-5 zoning -- 14 Q What is the use that -- 15 A -- of permissible uses . 16 Q What is the use that you see, then, from this 17 application, that you consider not to be a 18 permitted use? 19 MR. DALY: You' re asking him just 20 from the application or from his knowledge of 21 the case? 22 MR. RAUPPILA: Why don ' t we break 23 that down into two. 24 Q From the application as received, what do you DUNN & GOUDREAU • • 48 1 see here which is the nonpermitted use? 2 (Indicating) 3 A The marina aspect of the business . 4 Q I don ' t think you understand my question. I 'm 5 asking from here. (Indicating) 6 A You ' re asking me building-wise? We already 7 went through that . Building-wise , that was 8 acceptable . 9 Q That is acceptable? The building -- 10 A The building was . The use of is what I denied 11 it on. 12 Q What is your understanding of the use of the 13 building? 14 A It ' s not under a B-5 permissible use . 15 Q What is the use that is nonpermissible? 16 A The marina corporation, which would involve -- 17 Q Okay. Now, from these plans , that is Exhibit 18 1 and Exhibit 2 , is there anything in here 19 that tells you that this is going to be what 20 you consider to be this nonpermitted marina 21 use? (Indicating) 22 A Probably in the permit. 23 Q Can you show us where? 24 A I guess he actually didn ' t spell out, I don' t DUNN & GOUDREAU 0 6 49 1 believe. How it happened is, I believe, after 2 talking to Mr. Daly of the Legal Department of 3 the City, we apparently determined his use was 4 going to be for the marina aspect of the 5 business . 6 MR. DALY: We may be confused as to 7 the definition of the word "marina. " You and 8 I might think of it differently in terms of 9 what he ' s saying. 10 MR. RAUPPILA: Let me ask the 11 witness , then. ? 12 Q What is your definition of the term "marina , " 13 as you ' ve been using it in your testimony 14 today? 15 A Any activity that has anything to do with the 16 docking of boats on and off the existing 17 property. 18 Q That is the nonpermitted use in the B-5 19 District that you feel that this is -- 20 A Yes . 21 Q I think we ' ve established that these plans 22 here do not show a marina use, is that 23 correct? (Indicating) 24 A No. DUNN & GOUDRBAU • • _ 50 1 Q How did you acquire the knowledge that this 2 was going to be a marina use? 3 A Through my Legal Department. Again, I did not 4 get into the drawings , because I denied the 5 permit. Because I knew there was legal 6 litigation going on with the property. So, 7 that stopped the whole process . I never 8 really got into it. 9 Q I guess , Mr. Tremblay, I 'm just a little 10 confused. Because I 'm trying to find out how it Exhibit 2 -- I mean aside from what your 12 counsel may have told you, but in your Yom„ 13 capacity as the building inspector, when you 14 review a set of plans , I 'm trying to find out 15 how, from Exhibit 2 , you relate this to a 16 marina use . Does it show that it touches the 17 water at anyplace? 18 A The building, itself? 19 Q Yes . 20 A No. 21 Q Does it request the building of a pier or a 22 dock in any way? 23 A No. 24 Q So, the building, just on its own, is in DUNN & GOUDRSAU • • 51 } 1 conformance with zoning, is that correct? �i 2 A I think we said that three times already. 3 Q Okay. Now, Mr . Tremblay, Exhibit 5 referenced 4 Chapter 40 , Section 57? 5 A Uh-huh. 6 Q And you said maybe two or three times already 7 that you' re not sure exactly what that is? 8 A Exactly . 9 MR. RAUPPILA: I 'm just going to 10 mark, for the record, a copy of that statute. it That will be Exhibit No. 6 . --P, 12 (Photocopy of Chapter 40 , Section 57 13 of the Massachusetts General Laws is 14 marked Exhibit No. 6 . ) 15 Q I know that you' re not a lawyer, but I will 16 ask you to just review the first paragraph of 17 that statute . 18 A This one here? (Indicating) 19 Q Yes . Section 57 here . (Indicating) 20 A Okay. 21 Q Have you had an opportunity to review that 22 first paragraph? 23 A I read it, yes . 24 Q I ' ll suggest that the first sentence reads as DUNN & GOUDREAU 52 1 follows: "Any city and town which accepts the 2 provisions of this section, may by bylaw or 3 ordinance deny any application for , or revoke 4 or suspend any local license or permit , " et 5 cetera. Basically, Mr . Tremblay, what this is 6 saying is that the City may, by bylaw or 7 ordinance, revoke an application for permit if 8 local taxes , fees , assessments , betterments or 9 other municipal charges are unpaid. 10 My question is during the course of 11 your employment as the building inspector, COR, 12 have you ever revoked any permit for license 13 based upon the failure to pay taxes , fees , 14 assessments or betterments? 15 A I 've never revoked a permit until this one was 16 stopped. 17 Q Okay. It says that "which accepts the 18 provisions of this section by bylaw or 19 ordinance . " Are you aware of whether the City 20 has , in fact, a bylaw or ordinance which 21 allows it to revoke permits or licenses for 22 these reasons? 23 A For which reasons? 24 Q As stated in this first paragraph -- DUNN & GOUDRBAU 53 1 A It has nothing to do with that paragraph. 2 Q You have nothing to do with it? 3 A No. I believe Mr. Daly is the one that quoted 4 it in this letter. 5 Q To your knowledge, does 14 Franklin Street 6 have owing any local taxes , fees or charges? 7 A They do not, no, to my knowledge. 8 MR. KAUPPILA: Off the record a 9 second. 10 (Discussion off the record. ) 11 (Recess . ) 12 MR. KAUPPILA: Back on the record. 13 Q Mr . Tremblay, are you familiar with the 14 process involved to appeal a denial to the 15 Board of Appeals? That is if you deny an 16 application for permit, are you familiar with 17 the process to appeal it to the Board of 18 Appeals? 19 A Yes . 20 Q What is your involvement with that process? 21 What are you required to do? 22 A I 'm not required to do anything. The 23 paperwork is taken in the application through 24 my office -- I shouldn ' t say we are not DUNN & GOUDRBAU 54 1 required to do anything. We have to notify 2 the abutters . We have to put it in the -- 3 advertise it in the Salem News for, I believe , 4 a two week period. And supply the information 5 to the Board of Appeals of why the permit was 6 not permitted . 7 Q Now do you supply that information? 8 A Through folders , to the Board of Appeals 9 panel . 10 Q Do you actually appear at the hearing? it A I do, yes . 12 Q That ' s part of your job, going to the monthly t 13 Board of Appeals hearings? 14 A Yes . 15 MR. RAUPPILA: I have no further 16 questions . Mr . Daly? 17 MR. DALY: Yes , a couple things. 18 CROSS-EXAMINATION 19 Q (By Mr. Daly) Do you know, Mr . Tremblay, that 20 Burnham Associates is a marine construction 21 company? 22 A I do, yes . 23 Q And you told us a marina corporation or you 24 used the word "marina . " When you used that DUNN & GOUDREAU • • 55 1 word, did you mean marine construction company 2 or something different? 3 A That' s what I meant , marine construction 4 company. 5 Q The business -- 6 A Any marine activity that would take place on 7 that property. 8 Q Now, I want to direct your attention to 9 Exhibit 1 . Page 1 of Exhibit 1 has a box 10 which begins by "Non-Residential - describe in 11 detail proposed use of buildings . " The words 12 "office space" appear in that box, correct? 13 (Indicating) 14 A Yes . 15 Q And the type of office space , however , is not 16 described, correct? 17 A Correct . 18 Q And then, also, the words "vehicle parking" is 19 indicated there, right? 20 A Right. 21 Q And the type of vehicles to be parked there is 22 not indicated? 23 A No. 24 Q Now, you know that a marine construction DUNN & GOUDREAU P 56 1 company is not permitted in the B-5 District? 2 MR. RAUPPILA: Just for the record, 3 I ' ll note an objection to the form of your f 4 question. I don' t think that these leading 5 questions are appropriate for your own 6 witness , but just go ahead. I want it on the 7 record. 8 MR. DALY: I ' ll rephrase the 9 question. 10 In response to counsel , it is not my 11 witness I ' m examining, at this time. r 12 Q Mr . Tremblay, is a marine construction company 13 permitted in a B-5 District? 14 A No, it ' s not. 15 Q Is storage of construction vehicles permitted 16 in a B-5 District? 17 A No, it' s not. 18 Q You know that there is a barge either anchored 19 or moored or somehow attached to the property 20 off of 14 Franklin Street? 21 A I do know that, yes . 22 Q Obviously, that abuts on the North River of 23 Salem? 24 A Yes . DUNN & GOUDRBAU • • 57 1 Q Do you know whether or not the owner of that 2 barge has paid any permitting fees it might 3 owe to the Salem Harbor Master? 4 A I don ' t know that as a fact, no. 5 Q You indicated earlier, Mr. Tremblay, that you 6 didn' t know the details of the litigation 7 involved here . Do you know the issues 8 involved in any litigation with Burnham 9 Associates? 30 A One of the issues , I believe , is the docking 11 of the -- whatever it ' s called -- the dredger, 12 I believe. The dredging boat or whatever it ' s 13 commonly known as . I believe there ' s some 14 sort of litigation ongoing with the harbor 15 master on that issue , also. 16 Q Do you know whether the permitted use of 14 17 Franklin Street is an issue in this case? 18 A I do believe it must be an issue in this case . 19 That ' s probably why I 'm here . 20 Q Okay. 21 MR. DALY: Nothing further . 22 REDIRECT EXAMINATION 23 Q (By Mr. Kauppila) Mr. Tremblay, you just made 24 reference to issues involving litigation with fl77NN g an7777RRA77 • • 58 1 the harbor master. Is that the ongoing 2 litigation that you referenced in your letter 3 dated April 8 , marked as Exhibit 4? 4 A I didn ' t refer to any specific litigation at 5 the time, because I didn ' t know what they 6 were, except they were ongoing. 7 Q On April 8 , 1993, you didn' t know what the 8 litigation was, is that correct? 9 A I don' t. 10 Q Is that correct? it A I don' t believe I knew any of the specific 12 litigations that were ongoing, no , at that 13 time. I since have learned bits and parts , 14 pieces of it . 15 Q So, on April 8th, you were just responding to 16 what the city solicitor told you to do? 17 A Exactly what I told you before , yes . I heard 18 there was litigation. I spoke to the city 19 solicitor, who confirmed that there were 20 ongoing litigation, and suggested I do not do 21 anything, permit-wise on this , until these 22 cases were taken care of . 23 Q Okay. 24 MR. KAUPPILA: That ' s all I have. DUNN & GOUDREAU • 59 1 MR. DALY: That ' s all . 2 (The deposition was closed at 11 : 19 3 A.M. ) 4 5 6 7 8 9 10 11 12 ��<; 13 14 15 16 17 18 19 20 21 22 23 24 DUNN & GOUDREAU Adwk • 60 NO 1 C E R T I F I C A T E 2 3 I , the undersigned, Leo E. Tremblay, do hereby 4 certify that I have read the foregoing deposition, 5 taken on Monday, July 12 , 1993 , and that to the best 6 of my knowledge , said deposition is true and 7 accurate (with the exception of the following 8 corrections listed below) : 9 10 Page Line Correction it 12 13 14 15 16 17 18 19 20 21 Signed: 22 23 24 Date : nTimm C rnTTnRF.2TT No. _ . City of Salem • Ward _lk---) • �.tow r,,, 4r r 1M=iilFo ,.J 9 APPLICATION FOR PERMIT TO BUILD ADDITION, MAKE ALTERATIONS OR NEW CONSTRUCTION IMPORTANT•Applicant to complete all items in sections: 1, 11, 111, IV, and IX. I. AT(LOCATION) I 7 F�R rli K�I 1 _ ZONING STRICT LOCATION 15TAEETI OF BETWEEN ,Q �� AND ��i�L�IrV�I.��� BUILDING T• (CROSS STA ICeOSS STeEETI LOT "soaekwekeN LU r 9F 6)33 LOT BLOCK SIZE S o c, sic II. TYPE AND COST OF BUILDING •All applicants complete Parts A • D A. TYPE OF IMPROVEMENT D. PROPOSED USE•FOR "DEMOLITION"USE MOST RECENT USE 1 New budding Residential Nonresidential 2 ❑ Addition(a residential,enter numoer of new 12 [3 One family 18 ❑ Amusement.wrest", housing units added.it any,in pert D. 131 19 E] Chruch,other religious 13 C] Twoa more family-Enter number 3 ❑ Menttlon(See 2 above) of units ....................................................... 20 ❑ Industrial 21 senting garage 4 C] Repairrapid,~ 14 C] Transienthotel,moles.or dormilory• ❑ Enter number of units ..........................._ 22 ❑ Service station.repair garage 5 ❑ Wrecking IN musdamdy ntSi1YBrlael,enter pumper 23 ❑ yloeP491,inst4NiMal of units in Wiping in Pert D, 13) 15 ❑ Garage 24 ® Office,bank,professional 8 ❑ MOI Intimation) 18 ❑ Carport 25 ❑ Pudic uldtty, 26 ❑ School,library,other educational 7 [:] Foundation only 17 ❑ Other•Specity 27 ❑ Stores,mercantile B.OWNERSHIP 28 ❑ Tanks,tows r _ B ® Private(individual,Corporation,nonprofit 29 ❑ Other•Specify inetitutbn4 ale.) 9 ❑ Public(Fedwal,Slate,or local government C.COST (Omd cents) Nonresidential-Describe in deed proposed use of buildings,e.g.,food processing pant, Co'^ machine shop,laundry building at hospital,ehementany achoO.secondary school,college. 10. Coat d hnpntvenlwn _...._.___..._._._. , NiVr parochial Stood,parking garage for department sere,rental office Wilding,office building ............................ S at industrial plant.d/u+se of existing budding N being changed,enter proposed use. Tome installed cost not included LJ F F ^ L me above pear sot vol, b. Plumbing.._,........_....._...._.._.__......................._...... s o00. ANO V eR IC L t PA R k'l N G GHeating,air corlddlonag_..._.................... _.... o00 d. Omer(elevabr.off.) ...... 11. TOTAL COST OF IMPROVEMENT S III. SELECTED CHARACTERISTICS OF BUILDING • For new buildings and additions, complete Parts E - L;demolition, complete only Parts J& M, all others skip to IV E PRINCIPAL TYPE OF FRAME F. PRINCIPAL TYPE OF HEATING FUEL 0. TYPE OF SEWAGE DISPOSAL I. TYPE OF MECHANICAL 30 ❑ Masonry twad beers gl 35 ❑ Gas 40 Public Or private CO Mpeny Will there be central air 31 ® Wood bane 36Off 41 [3Private(80000 tank 611 1 conditioning? 32 ❑ 80notural wool 37 Electricity 44 UZLYn 45 ❑ No 33 ❑ Relydproed Concrete 38 ❑ Cal H. TYPE OF WATER SUPPLY Will then by an etevstor? 34 ❑ Omer-Specify 39 ❑ Other-spechN 42 ® Public Or private company 46 ❑ Yea 47 ® No 43 ❑ Private(wea,deem) NOT WRITE BELOW THIS LE VI. VALIDATION Building FOR DEPARTMENT USE ONLY Permit number Building Use Group Permit issued t9— Fre Grading Building Permit Fee $ Live Loading Certificate of Occupancy $ Occupancy load Approved by: Drain Tile $ Plan Review Fee $ TITLE NOTES AND Data • (For department use) PERMIT TO BE MAILED TO: DATE MAILED: Construction to be started by. Completed by: VI ZONING PLAN EXAMINERS NOTES DISTRICT USE FRONT YARD SIDE YARD SIDE YARD REAR YARD NOTES SITE OR PLOT PLAN •For Applicant Use e- e� O N i -=p CITY OF SALEMMASSACHUSETTS J APPLICATION RECEIVED SPECIAL PERMIT -rte WETLANDS AND FLOOD HAZARD DISTRICTS *80 APR 24 A11 :04 � y� CITY CLERK'S OFFICE Applicant: $ALF;ti; ff /� Address: y J� JrJt-k" �/cQ/1 City Clerk Stamp Telephone: Owner: Address / C� ��L•7/��/.. Jf_,� �"osy � �f� Location of Property: �/'�1���"� J Qk �C'JA Project Description: �aj%ioi �aj/irk I. It has been determined by the Building Inspector that the above property L lies in the following area(s) : A. Wetlands District Wetlands ( ) Buffer Zone ( ) B. Flood Hazard District Zone A ( ) Zone A3 ( Zone V3 ( ) II. Information required includes this application and the following additional information (file one copy of everything with the City Clerk and five copies with the Planning Board ; all copies must be stamped by the City Clerk) : A. A site plan at a scale of P' equals 20' prepared by a registered land surveyor or registered professional engineer and showing at least the following: - 1. Lot lines within which the development is proposed and the tie- in to the nearest road intersection; 2. The location, boundaries, and dimensions of each lot in question; 3. Two-foot contours of the existing and proposed land surface; 4. Location of existing and proposed structures, water-courses, drainage and drainage easements, means of access, utilities, and sewer disposal facilities including leaching fields, if any. Proposed elevations. should be noted. 5. Boundaries of all districts, areas and zones as noted in Section I. f,, -2- B. In the Wetlands District, a determination by a qualified engineer of the seasonal high water table, performed dur yyg rto tsar r s weeks of, PIarXU,.or-.the.-.firet-thiVt'weets of April. A minimum of two percolation tests for each leaching area shall be performed. _ C. In cases of flood-proofing or pile construction, certification by a registered professional engineer or architect as to the elevation of flood-proofing measures and as to compliance with the applicable sections of the Massachusetts State Building Code concerned with flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood. Where specific methods or techniques have been previously certi- fied, the Planning Board may waive this requirement. D. A list of Federal, State, and other local permits required by the applicant. E. Descriptions relative to all conditions applicable in Section III below. ZII. Conditions (Complete those sections indicated (x) by the Building Inspector) In the Wetlands and Flood Hazard Districts no structure or building, including pipes and wells, shall be erected, constructed, substantially improved, enlarged, or otherwise created or moved; no area shall be paved; no earth or other material shall be stored, dumped, used as fill, excavated, or transferred; and no sediment shall be caused to be discharged from or onto a wetland, unless all the following condi- tions are found to exist as part of the granting of a Special Permit by the Planning Board (Use additional pages if necessary) : A. All Districts: (X) 1. The proposed use will comply in all respects to the uses and provisions of the underlying District in which the land is located.. Yes LL� No (X) 2. There is adequate convenience and safety of vehicular and pedes- trian movement within the site, and in relation to adjacent streets and property, particularly in the event of flooding of the lot(s) or adjacent lot(s) caused by either overspill t from water bodies or high runoff. -3- (X) 3. Utilities, including gas, electrictity,. fuel, water, and sa1 _ sewage dispol,,„shall_be• located'dtld constructed so as to proEect against breaking, leaking, shortcircuiting, grounding or igniting or any other damage due to flooding. (Provide details) L� �cJfrctf`C O vi V�� (X) 4. The cumulative effect of the proposed development or use, when combined with all other existing and anticipated development and uses will not obstruct or divert flood flow; substantially reduce natural flood-water storage capacity in the local drainage area; destroy valuable habitat for wildlife including fisheries or shellfisheries; adversely affect groundwater resources or increase storm water run-off velocity so that water levels on other land are substantially raised or the danger from flooding increased. B. Wetlands District: ( ) 1. The proposed development or use shall not include the storage of salt, chemicals, petroleum products or other conta urinating substances or discharge of any polluting liquids or materials, into streams, brooks or wetlands. (The polluting effects of substances on the Wetlands are to be gauged by the "Rules and Regulations for the Establishment of Minimum Water Quality Standards and for the Protection of the Quality and Value of Water Resources” of the Commonwealth of Massachusetts. ) k -4- ( ) 2. The floor level of areas to be occupied by human beings as living or work space shall be four(01:fae rhe �o�a.,,,al�igh-�atHt�a�ie. ( ) 3. If the basement floor level is below the seasonal high water - table and affords the possibility of human occupancy at some future date, although not originally intended, adequate perimeter drainage and foundation shall be installed to with- stand the effect of pressure and seepage. Furnace and utilities are to be protected from the effects. of leaching. (Provide details) Applies ( ) Does not Apply ( ) ( ) 4. If the lot is to be served by an on lot septic system, the leaching area designed for use, as well as a reserved area for future expansion or total future use, shall be plotted with dimensions on the site plan, and the leaching areas shall not be con^tructed where the seasonal high water table is less than 4 feet below the bottom of the leaching areas. Applies ( ) See site plan Does not apply ( ) C. Flood Hazard District (all zones) • ( ) 1. The floor of the basement, or if none, the lowest floor of new construction or substantial improvement of structures for residential uses shall be at or above the 100 year flood level. ( ) 2. The floor of the basement, or if none, the lowest floor of new construction or substantial improvement of structures for non- residential uses shall be at or above the 100 year flood level or the structures shall be flood-proofed to that level in compliance with the applicable requirements of the Massachusetts State Building Code. Flood-proofing measures shall insure that the structure is watertight and that structural components have the capability of resisting hydrostatic and hydrodynamic loads and the effects of bouyancy. r D. Flood Hazard District Coastal High Hazard Area (Zone V3) : t _ DTew. rsurr, r°°—or subsidntial improvements shall be located landward of the reach of Mean High Tide. ( ) 2. New structures or substantial improvements shall be elevated on adequately anchored pilings or columns, and securely anchored to such pilings or columns so that the lowest portion of the structural members of the lowest floor (ex- cluding the pilings or columns) is elevated to or above the 100 year flood level. Space below the lowest floor shall be free of fixed obstruction. (Provide details) ( ) 3. The support of new structures or substantial improvements shall not be, in whole or in part, by the use of fill. (Provide details) IV. Procedure The Planning Board shall, within 7 days after the filing of this application, transmit one copy of said application, plans and all other submitted information to the Inspector of Buildings, City Engineer, Board of Health and Conservation Commission who may, at their discretion, investigate the application and report in writing their recommendation to the Planning Board. The Planning Board shall not take final action on such application until it has received a report thereon from the Inspector of Buildings, City Engineer, Board of Health and Conservation Commission or until thirty-five (35) days have elapsed after dis- tribution of such application without a submission of a report. The Planning Board Shall hold a Public Hearing on said application as soon as possible after receiving the above reports, in accordance with Chapter 40A of the Massachusetts General Laws. The Planning Board shall notify the applicant in writing of its decision on the special permit. The decision shall document the proposed development or use and the grounds for granting or- refusing the special permit. The C -6- t Planning Board may, as a condition of approval, require that the appli- cant give effective notice to prospect iive purc_jaaarQ, Ly-e3gne - - b recording th3, �nP ��=xmit dtrhhe Registry of Deeds, of the-caet- ®y land or flood hazard conditions associated with said premises and the_ steps undertaken by the petitioner or his successor in title to alleviate the effects of same. Signed Title Late _ _ 3 c �x CITY OF SALEM, MASSACHUSETTS PLANNING DEPARTMENT WILLIAM E. LUSTER h"y ®' ONE SALEM GREEN City Planner 01970 (508) 745-9595, EXT. 311 Q/MINK MSH FAX (508) 744-5918 March 2 , 1993 William H. Kelley, Agent Kelley Marina Development Co. 2 Breakwater Drive Chelsea , MA 02150 RE: 14 & 16 FRANKLIN STREET Dear Mr . Kelley: I am in receipt of your memo requesting that the Conservation Commission research the files for past Order of Conditions and or Certificates of Compliance for 14 and 18 Franklin Street ; Craig Burnham and Edward Ferris respectively . In investigating the files , the Conservation Administrator was able to obtain a copy of an Order of Conditions regarding proposed work located at 14 Franklin Street . The Order of Conditions which was ascertained was to the applicant , Silent Ships , not to Mr . Craig Burnham ( see enclosed Order of Conditions ) . On December 2 , 1980 , the Order of Conditions were amended to the following: 1 ) . This Order of Conditions supersedes the Order of Conditions issued May 22 , 1980 , File #64-66 2 ) . All work shall be done in accordance with plan . . . 3 ) . All work shall be completed prior to June 30, 1981 and shall be subject to an on-site inspection be the Conservation Commission. On June 24 , 1982 , the applicant came before the Commission stating that Special Condition 2 and 3 have been completed to the Commissions ' satisfaction but they needed a letter stating that fact . In addition, the applicant was seeking an extension permit for one year to obtain the necessary permits from state and federal governments . Once all the permits were in place the work could be completed within one year . Although there is an Order of Conditions for 14 Franklin Street to applicant Silent Ships , there is no Certificate of Compliance . Mr . William Kelley March 2 , 1993 Page 2 The person seeking this Chapter 91 Amnesty License is not Silent Ships but recent proprietor Craig Burnham, 14 Franklin Street . The second address , 18 Franklin Street has never received either an Order of Conditions , thus no Certificate of Compliance was issued. The Conservation Commissions ' records indicate that in August of 1985 Mr. Ferris filed for a Request for a Determination of Applicability. In September 1985 , the Conservation Commission issued a positive determination indicating that a Notice of Intent would have to be filed. Mr . Ferris appealed this decision to, then, the Department of Quality Engineering (DEQE) . The DEQE responded to Mr . Ferris ' appeal with a superseding Positive Determination stating that the applicant would have to file a Notice of Intent with the Salem Conservation Commission. Mr . Ferris never filed a Notice of Intent nor did DEQE follow up on this issue. In summary, 14 Franklin Street received an Order of Conditions under the applicant Silent Ships, not Mr . Craig Burnham, but no Certificate of Compliance was ever issued. Mr . Ferris of 18 Franklin Street never received an Order of Conditions, thus no Certificate of Compliance was issued. If I can be of further assistance to you or if you desire additional information, please do not hesitate to contact me or Conservation Administrator , Debbie Hurlburt at ( 508 ) 745-9595 ext . 311 . pin �rely, /�j mia E. Luster cc: Ron Potter , DEP City Planner Kevin Daly, Salem City Solicitor EX\DH\KELLEYLE.TTR Mamchusetts Deparhnent of Enrtronmenhf Protectfon 56245 Bureau of Resource Protection- Trans itt Waterways . r...I al/ BRP WW 01 Waterways License or Permit Approval: t Except Projects Subject to Amnesty BRP WW 02 Waterways License or Permit Approval: Amnesty Projects resit ry iD!/moa^) BRP WW 03 Waterways Amendment to License or Permit Approval General Waterways Applicalion See Imtrue- nen onop.before 12 heron a to Project Information completing sections A-D of 1. Which permit category are you applying for? 6. The water body at the project site is: this form ❑ BRP WW 01 BRP WW 02 ❑ BRP WW 03 (check 1 or more of both a a b) h a9WM a. lir'Tidal ❑ Filled Tidelands ❑ Great Pond a.r sxwe 2. Applicant Franklin Street Realty Trust ❑ RiverlStrurn ❑ Uncertain "...... ._- c/o Craig C. Burnham b. 5(Natuol ❑ Man-Made ❑ Uncertain ►Adm no ............................ i Arne w+•�I 26 Dearborn Street T. Project description IMA.e' '' '-' - aaanss — Maintain existing fill &. seawall. Salem, MA 01929 ......... �Ye� tiy/lofn srr _508-745-1788 ..... .......__... ......... _.. ... ___.. . _. _..... ................. 3. Authorized agent ....._ wittiat1A..n-Xglipy........... .........._.........._..._._.. S. Proposed use(check one or more of both a and b): bxe TwoBreakwater Drive A. ❑ Private N commercial ❑ Industrial .A..aMrtis........................................................................................................ ❑ Government ❑ Facility of private tenancy Chelsea MA 02150 ❑ Other(explain below) aynan..................,..............................................s�...................... b. 00 Water-dependent 617-884-6811 ❑ Accessory ❑ Nonwater-dependent rrexnx 9. Description of existing and proposed use(s): 4. Property owner ..............Access to Waterways.......................... _...-_ Flrauklin..Screet-_Realty_Trust are .._......_.............._....................................................... ........_ same (nouor mrea adrrrdeon aNn71 ......................_.......................................................................---- - _....._......_.._._.._.............._... -- Map 026 --- Parcel 403 10. Will any pudic benefit be derived from the project? Leafs) eon srarrb 14 Franklin Street ❑ Yea W No ❑Uncertain teym(ssrnasaaal ---_—_.__ ❑ e answer Is'Yes',explain below. Salem Essex Commercial access waterways Cxyrro.r — ---------._..._............. S. Name of the water body,and the water body a be tributary to,at the project location North River ............................................................................................................ Page 1 of is Mass..aw.r tb OirnrlbMf.f MIF& OOMib1/hpbolYerr 56245 Burow of R.sowoN PMbdion-WlbntrAylt rnrrrMYl i BRP WW 01 �w N.ueo.".j,,wAW "�"" I ' BRP WW 02 w.iwwap u..m or diad.Appmel: IImrmtr Projects racily 10 pyhisr"I BRP WW 08 wNarw.N.Afwsredeament to lleerw w Infosa t Nlpprervel General Wilenwys APOICAllon I. forp nanwrw-Np vtede such a sdemmt is. is this, p eNrllen la an Amnesty bdwim Approvd? .MYp IM la.etr ~�fair walksK bur tM p*d b ❑ Yee fig( No owam d wN6 IM iwv Zee Nrep«anl Fr@pnln N'Vr',attbml ptan pratrred In roerdne•with AppWA l perdu,and hew 1 arm a 0 .0 pill ptlrpeaa and A preYN@•a grow ba k then a dtlhkn•Id Ie ON pumic 0 rights b Ikel•rtda Nth grad pends., Ill. Aws3dmddy how Wq will N Mins to tlornplab IM N/A prelecl @flet d required pertnNs hes•been balled? -- --- -- ......._....._—...... - - ... -....... N/A -- _ _... _..... ...... .. IV What is the eperoslmsle tmal mel of the preled Ilocllyding materWe t iehor)7 ,- O - 17. WIN Ih«•be any dbdutNe(eNh«fitted of Indlwd)of wed*ttelerlel se waste wwur into sW a ween from the Wnatructlon ot"s le t elthe prolect7 O Yee 14/111e le Is the poled she 1e 1,d whhln ore a mere d the 13. )law You following? NO Y ptovlom f om.an to.« Y IIM @ p.Feu p Arm d Gh"I Fmlromnental Cmeafn Other atrtlrorlstlan from,any ag«ley pn1«aM•,Fed«al, NMI.Of lent)la SPY Pedlon of the PM@d described M n Ocaan sanctuary 1hh applialbn? Cl Designated Pod Area ❑ yes No ❑ uncertain n Uncartaln N'Vr'.►?evicts IheIslewing Werm•tbn:(meth a 1t. h IM paled the lo e munklpelhy Hall•state approved Nepal•to nu be diaper is licensee sr la 1M d.Sooty; Harbor Men? Net Ncenm numMn,doors issued end?seethed,been end MO*). O Yat Cl Plan finder Review O No Whonevaln See attached sheet N Fes•Is this Proposal eonelelent with the plan? rrs or owlatrhea - - - ❑ Yee a No ►prrAraer -------.--- 70. AN boas based by the Deperlmerd wN contain a ewldbbfa•telling the term for whdah the Ikerw•for In•fled. ------_---.. - .. .. _ . oro N an edended bon b decked,Minh @ppraprM•doom at Mian r requked by klo CIAR s.ItgtIPFIQ end dwd hire. 11114104 apple"Is end« -1ep«IdSort atmtmly per) Alraere @eta -- 11. lid Yw see and eanPMa mdbp ad laves W each absl of ' (daeeh adducns seats.N neereary) 'a. Hae any work aerM WW W or sore any Wlm d IM pr*d Ice ar"Nag we favor em►blp asrevs been - -- - - --- - —-- — awNpbl•d? ❑ YoreJ��y' Me --- Seealla t ect ch_e� N'Yr',6WI bNere.NOW when.@ wank Has eempMgd v d win prIn W tin werL --- — (►IiMN do"/INgr@@IbM o/w epp.•a.alt *Mbp Oct WIN M.w Haub Itdtbh hats low I NNPMW 6M IMI Mihai Y p""W.1 M IAI ►q•l M 1>I aMIMIL1,.illfta„rrilln"IerEff ilrVandid l,,vill"a ,, L _1 Bureau of Resource Protection- Wah►wgys rranemAul/ Into Appirml: BRP WW 01 boept aeebiter ed ft Ammill ll BRP WW 02 WeEefwere Mew or IMetto ApWMI: Ammly rrNeeb ._.....1........._..._. faeAAy t0(I btorm► BRP WW 03 Wstofw "Awendmnt b Lkenoe err Inbrlm Appreael General Wafenve)s Application 22. N the proled consists of the maintenance of addition of 24. WIN the docking facility be equipped to offload sewage from ten berths or.mwg,indicate the number below. bows? Wet storage Ory Stange O Ya O No N/A A. sdding dips N/A 25. I has sltaelted protest pons In accordance with the S. proposed or Instruction contained In: addltlonsl amps: N/A O Appendix A(for interim Appro al"p/eatlons) 23. WIN petroleum products w dhsr keswdous materWe be O Appendix B(for Permit applications) tiered or handled d the docking facility? Pil/Appendlx C(for tlahm spptleatlons) ❑ Yes a No N/A If yes',note on Ohs application plane and describe on a Appendices A we found on pp I of this Application @eparal@ Sheat any m@Ihod(s)that will be used to prevent Package. possibls spills,flies,explosion@,dc. Ceti/l/cil/on AN applicants,property owners and sulhwbd agoras mud sign Nb pegs.AN future application eonnpondenca may be signed by the auMof4ed pent alone. I hweby make appNcdbn for a permit or Ilan to adhabe the agivhin I Mvg dtserlbed heroin.Upon my signature.I prig to allow Me duty authorized rapresematMn d the MmswhvsWe D@pamnent of Emrknnmemaf Protection and the Maeseehu• sees Coastal Zane Managtmera Program le Oder upon the pnmlen Of the prolect @N$of reasonable times for the purpose of Inspection. I hereby cwtffy that the informellan a bmhted In this appmedlon le true and securde to the best of my knowledge. .......... .. ��a9193 aw X Asre>rrs erwa. __—C aig C, Burnham, Tr tee Am*aa.rl 76 Craig C. Burnham, Trustee William H. Kelley tlsw.1191 Page s d t3 NassacAuseHs Doporbnent o/firvlrorarreetet Protoctlan (( 562451l Bureau of Resource Protection—Waterways TnnamMal% BRP WW 01 waterways License or Interim Approval: t Except projects Subject to Amnesty BRP WW 02 waterways License or Interim Approval:Amnesty Projects Facility 10(if 110ow"i BRP WW 03 waterways Amendment to License or Interim Approval General Waterways Application Waterways Dredging Addendum Pyne type or 1. Waterways Me/ print dndy all N/A Information _.—...—........_.—.................... ........._._.........------ .—.........----......... provided on , this form. 2 Provide a description of the dredging prolecl. ......................................................................................................................................................................-._..........................-............................ 3. What Is the purpose of the dredging7 ........................................................................................................................................................_._.....................................................__......._......... 4. What Is the volume(cubic yards)of material to be dredged? ...............................................................................................................................—..........—.......................................................................................... 5. What method will be used to dredge? .............................................................................................................................................--......................—................................................................ 6. Describe the disposal method that will be used and give the disposal location(include a separate disposal she location map). ..............................................................................................................................................................................................................I.......................... 7. Applk t Wer* Oak Rev. 1191 Page 4 of 13 Maa.achuretb ar/r�nt e/Eariataoenhl MbeBon r-�---• 56245 Bureau of Resource Protection- Waterways I....... - BRP WW 01 waterstap Uoansa ar Inbrim Apprml: rf nu"�"i1 e t Euapt Prolach=■elect to Amttaaty BRP WW 02 waterarap ucansa or Interim ...._m 0(1Am_.. Appleral:Amnesty reelect: Why le oen) BRP WW 03 Waterston Amendment to License or Interim Approlral General Waterways Application ' Municipal zoning cortl/le8te ►Yew tM or INS 9) q„en pdnl clearly ee blorrulon I - 1-ed on itis ....—..._.._........C[aig kern. AIM of 14 Eranklin Street ►yari.rprm .............Salem .MA............................................................................._........._..............................................._....................................... C/y/re.n Nnrrh River M1forM ........................Maintain.existing..fill..&..seawall................................._........................................................................................... Owrdron rrroaodoa r rep r m ......................................................................................................................_.._............................................................................................................ ......................................................................_........................._........_..._.._.._._..-..._................................................................................................. .............................................................................................._.._..................__._....----._.._.._...__...._.._..................................................I.............. To be completed by municipal clerk orappmprlate municipal olliclal: I hereby cenfly tho the project described above end mon July deWYd in the applicant's waterways license appllatbn and plane Is not In 11101111011011001 toning ordbneoes end bylaws. Repair of existing seawall is not in contravention of the local Zoning Ordinance. However the City of Salem disputer the legality of the present use of the premises by the applicant. _......._.....__..._—.----------- ..._......... __..........— -- _._.._...__._......................... nrr.rewarmw er1e'^rm"0w� Leo E. Tremblay Building inspector, City of Salem One Salem Green Salem, MA 01970 Gy/leeed May 26, 1993 M.1191 1`809 5 0113 Masvwchawefb apart ont of 6 irinealeanfil Protection 5624 " j Bureau of Resource Protection— Waterways BRP WW 01 beep Projects Suays Utemb�ector �A Approval: --� i BRP WW 02 waterways ucerse or Interim ....._............."••....._.., Approval:Amnesty Projects Fxeiry tOIAAnolm) BRP WW 03 waterways Amendment to License or Interim Approval General Waterways Application Municipal Planing Board Notification Please type or print clearly,ill irdormi. —............................................._.............._.......................... tion provided on ibis 101- 1)1011014; form. Craig C. Burnham, Trustee Notice Is Applicant, This Municipal vlamerg Board ................. l4 Franklin Street Netlllcatlon aectlon must be tubmnhd I1M¢r qnwM&O" along w th The original application Salem, MA material.if it -- cannot be signed by ely/roen .. ......._.. _. .... _. the appropriate municipal of icisl at The lima of fictively, ....North._RIVCI' the applicant should __._.._.._......_.. wait until he or she receive the seated slgnalure before submtHing the completed pltcatlen package to DEP To be completed by municipal clerk or appropriate municipal official: to I hereby coniy,that a copy of the completed waterways license application and plans described above was submitted by the applicant to the municipal planning board on ........................ ................................. slprrueaw:awamwl .......... _..... . _._ _.._. race _. . .. .._..... Rev IM Papaedl3 PERMIT APPLICATION BRP WW 02 fransmHta � Franklin Street Realty Trust L� 14 Franklin Street, Salem, MA Facifily 10 (if known, ADDI'I_IQNAL_INI_ORMA'I'1_QN Question #13. Chapter 91 licenses for the properly. License # Date issued & recorded Book and Page None found PERMIT APPLICATION BRP WW 02 Transmitfol I Franklin Street Realty Trust 14 Franklin Street, Salem, MA ADDITIONAL INFORMATION Question #1/. List the name and complete mailing address of each abutter. Block/Lot Name Address 026/402 Edward Ferris IS Franklin Street, Salem, MA 01970 026/404 The Byors Family Realty Trust 12 Franklin Street, Salem, MA 01970 026/376 13-17 Franklin St. Salem R.T. 13 Franklin Street, Salem, Ma 01970 026/375 Gerrin Realty Trust 9 Franklin Street, Salem, MA 01970 PERMIT APPLICATION 56245 BRP WW 02 ran Franklin Street Realty Trust 14 Franklin Street, Salem. MA Faci6ly ID til knov ADDITIONAL INFORMATION Proof of Pre-1984 existence: Attached please find a copy of the Board of Assessors Record of Ownership for the applicant pre-dating 1984. 6622 -7° 0014 FRANKLIN STREET 0413 683 ___ -LIN3KT-Y WILLIAM M 197-9 ::,,M -- - - - - - 390 P O ?OX 891 GZ2 3210 8AL-F-M-_M±4 rL9-70_- -_1T cl 1 0 1L PERMIT APPLICATION 56245 BRP WW 02 rronam�du Franklin Street Realty Trust F�p�Y �D rit known! 14 Franklin Street, Salem, MA ADDITIONAL INFORMATION Proof of Post-1984 use: Attached please find a notarized abuttor statement affirming site use without changes since 1 January 1984. 5 Mr. William Linsky 16 Honeysuckle Road F�eirrry rD fry knm Hamilton, MA 04 January 1993 Mr. Ron Potter D.E.P., Waterways Division One Winter Street Boston, MA 02108 Re: 14 Franklin Street, Salem, Ma., D.E.P. Amnesty Lic. Application Dear Mr. Potter: Mr. Craig Burnham, trustee of Franklin Street Realty Trust has informed me that he is applying to the D.E.P., Waterways Division for an Amnesty License for his site at 14 Franklin Street, Salem, Mass.(Map 026, Lot 403). He further stated that this license involves no site work or alterations. The existing seawall configuration and fill were in place prior to I January 1984. Very truly yours, William Linsky, Previous owner 14 Franklin St., Salem, MA PERMIT APPLICATION 5624 BRP WW 02 ranam tfs Franklin Street Realty Trust racini— v tp fi krawrJ 14 Franklin Street, Salem, MA ADDITIONAL INFORMATION Conservation Commission report of status CITY OF SALEM, MASSACHUSETTS PLANNING DEPARTMENT v��UNU1i�a�� WILLIAM E. LUSTER 4 ONE SALEM GREEN City Planner f 1 sal P �) 0195. (508) 745-9595,70 EXT. 311 FAX (508) 744-5918 March 2 , 1993 William H. Kelley, Agent Kelley Marina Development Co. 2 Breakwater Drive Chelsea , MA 02150 RE: 14 & 16 FRANKLIN STREET Dear Mr . Kelley: I am in receipt of your memo requesting that the Conservation Commission research the files for past Order of Conditions and or Certificates of Compliance for 14 and 18 Franklin Street ; Craig Burnham and Edward Ferris respectively. in investigating the files , the Conservation Administrator was able to obtain a copy of an Order of Conditions regarding proposed work located at 14 Franklin Street . The Order of Conditions which was ascertained was to the applicant , Silent Ships , not to Mr . Craig Burnham ( see enclosed Order of Conditions ) . On December 2 , 1980 , the Order of Conditions were amended to the following: 1 ) . This Order of Conditions supersedes the Order of Conditions issued May 22 , 1980 , File $64-66 2 ) . All work shall be done in accordance with plan. . . 3 ) . All work shall be completed prior to June 30 , 1981 and shall be subject to an on-site inspection be the Conservation Commission . On June 24 , 1982 , the applicant came before the Commission stating that Special Condition 2 and 3 have been completed to the Commissions ' satisfaction but they needed a letter stating that fact . In addition, the applicant was seeking an extension permit for one year to obtain the necessary permits from state and federal governments . Once all the permits were in place the work could be completed within one year . Although there is an Order of Conditions for 14 Franklin Street to applicant Silent Ships , there is no Certificate of Compliance . Mr . William Kelley March 2 , 1993 Page 2 The person seeking this Chapter 91 Amnesty License is not Silent Ships but recent proprietor Craig Burnham, 14 Franklin Street . The second address , 18 Franklin Street has never received either an Order of Conditions, thus no Certificate of Compliance was issued. The Conservation Commissions ' records indicate that in August of 1985 Mr . Ferris filed for a Request for a Determination of Applicability. In September 1985 , the Conservation Commission issued a positive determination indicating that a Notice of Intent would have to be filed. Mr . Ferris appealed this decision to, then, the Department of Quality Engineering (DEQE) . The DEQE responded to Mr . Ferris ' appeal with a superseding Positive Determination stating that the applicant would have to file a Notice of Intent with the Salem Conservation Commission. Mr . Ferris never filed a Notice of Intent nor did DEQE follow up on this issue. In summary, 14 Franklin Street received an Order of Conditions under the applicant Silent Ships , not Mr . Craig Burnham, but no Certificate of Compliance was ever issued . Mr . Ferris of 18 Franklin Street never received an Order of Conditions, thus no Certificate of Compliance was issued. If I can be of further assistance to you or if you desire additional information, please do not hesitate to contact me or Conservation Administrator , Debbie Hurlburt at ( 508 ) 745-9595 ext . 311 . pnirely, i'iam E. Luster City Planner cc: Ron Potter , DEP Kevin Daly, Salem City Solicitor EX\DH\KELLEYLE.TTR FORM 4 ORDER OF CONDITIONS IJ ET 1, ANDS PROTECT ION ACT G.L. C. 131 , s. 40 ------------------------------------------------------------------ CITY/TORN SALLi'i, (-!ASS. FILE NUMBER 64-66 TO: NAME SILENT SHIPS ADDRESSI4 Franklin Street, Saleln CERTIFIED MAIL NUMBER PROJECT LOCATION: Address 14 Franklin Street, Salem, Massachusetts Recorded at Registry of So. Essex Book 5834 Page 422 Certificate (if registered) REGARDING: Notice of Intent dated February 1, 1980 "Plan of Land in Salem, Mass. , showing and plans titled and dated proposed stone rip rap & Marine railway, dated 2/1/80. THIS ORDER IS ISSUED ON (date) May 2°,_]980 ------------------------------------------------------------------- Pursuant to the authority of C.L. c. 131, s. 40, the SALEM CONSERVATION COMMISSION has reviewed your Notice of Intent and plans identified above, and has determined that the area on which the proposed work is to be done is significant to one or more of the interests listed in G.L. c. 131, s. 40. The SALEM CONSERVATION CO*L-IISSION hereby orders that the following conditions are necessary to protect said interests and all work shall be performed in strict accordance with them and with the Notice of Intent and plans identified above except where such plans are modified by said conditions. --------------------------------------------------------------------- CONDITIONS 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this order. -1- 0 O F 4 U U FORM 4 u • C C O O U h G ORDER OF CONDITIONS CONTINUED FILE N(31=11 66 - ` r c 2. This order does not grant any property rights or any o a .°,' sive privileges; it does not authorize any injury to u o m property or invasion of private rights. i u n r7 Cx r 3. This order does not relieve the permittee or any othe o .o. M °+ son of the necessity of complying with all other app] H u > federal, state or local statutes; ordinances, by-laws n a r or regulations. o o ro W 910 o e 4. The work authorized hereunder shall be completed witt O r ci (1) year from the date of this order unless it is fox o maintenance dredging project subject to Section 5(9) . o •° a order may be extended by the issuing authority for or 0 0 more additional one-year periods upon application to said issuing authority at least thirty (30) days pric the expiration date of the order or Its extension. 5. Any fill used in connection with this project shall t fill, containing no trash, refuse, rubbish or debris, ing, without limiting the generality of the foregoing, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 6. No work may be commenced untill all appeal periods have elapsed from the order of the Conservation Commission or from a final order by the Department of Environmental Quality Engineering. 7. No work shall be undertaken until the final order, with respect to the proposed project, has been recorded in the Registry of Deeds for the district in which the land is located within the chain of title of the affected property. The Document number indicating such recording shall be sub- mitted on the form at the end of this order to the issuer of this order prior to commencement of work. 8. A sign shall be displayed at the site not less than two square feet or more than three square feet bearing the words, "Massachusetts Department of Environmental Quality Engineering, Number 64-66 9. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a super- seding order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Depart- ment. ORDER OF CONDITIONS CONTINUED FILE NO. 64-66 10. Upon completion of the work described herein, the applicant shall forthwith request, in writing, that a Certificate of .. Compliance be issued stating that the work has been satis- factorily completed. s 11 . The work. shnll conform to the following described plans and additionnl conditions. The Commission has determined that the work and the area is significant to storm damage prevention and issues the following order: I. Except as modified by this order all work shall be in accordance with drawing titled "Plan of Land in Salem Nass showing proposed rip rap and marine railway dated February 1, 1980, revised May 8, 1980, prepared by Essex Survey Service, Inc. 2. All existing fill shall be removed from within 304eit of the mean high water line (elevation 16mlw) . The fiil'sbalj be sorted and all items prohibited in Section 5 shall' be .*emoved. f,com the site. 3. The remaining Eill shall be spread on the site and-iise3,a'sl required for the proposed work. 4. The proposed rip rap on the bank shall be constructed by founding the toe of the rip rap on the firm soil at approximately elevation -2 feet mean low water datum. All stone used shall be in accordance with tlIe Mass. Department of Public Works specification for rip rap. The proposed gravel fill shall not be used. 5. The proposed marine railway shall be constructed with a width of 20 to 30 feet. The walls shall be constructed on the firm soil at approximately elevation -2 feet mean low water datum. 6. Any additional work or installation of equipment shall require an additional Notice of Intent. 7. Items 2, 3, & 4 shall be completed before September 30, 1980. The Conservation Commission shall be notified at least 7 days in advance to inspect the spreading of the remaining fill on the site as required in item 3. The Conservation Commission shall be notified at least 7 days in advance to be present for the start of construction of the rip rap bank as required in item 4. -3- ORDERS OF CONDITIONS continued ',•'� �-� The applicant, any person aggrieved by this order, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to appeal. this order to the Department of Environmental Quality Engineering provided the request is made lo- writing and by certified mail to the Department within ten (10) days from the issuance of this order. c Tr- ISSUED EYSALEM COPTS@'_?NATION rnyMISSION�­IA rOn this 22nd clay of May 1980, before me personally "" � ,� to me hir ;al+p4e�,, th,p h�nva persons _ kfio+dn ep' iie the person described in, and who executed, the foregoing , •','•i.hfarcment ,'and acknowledged that he executed the same as his free act , . „ar.fj •�ee�. \,MCommission expires 6/26/86 DETACH ON DOTTED LINE AND SUBMIT TO TUE ISSUER OF THIS ORDER PRIOR TO COtlMEHCE:tENT OF WORK. TO __-_-- (Issuing Authority) PLEASE BE ADVISED THAT THE ORDER OF CONDITIONS FOR THE PROJECT AT FILE NUMBER _, RAS BEEN RECORDED AT THE REGISTRY OF ON (DATE) If recorded land, the instrument number which identifies this trans- action is If registered land, the document number which identifies this trans- action is Slgned _---_—_—__ Applicant A- .a r s�ay� ranam KMARINA F�;„C ,o,;,�l DEVELOPMENT CO. 2 BREAKWATER DRIVE CHELSEA,MA 021511 TO: Salem Conservation Commission City Hall Salem, MA 01915 FROM: William H. Kelley, Agent DATE: 21 January 1993 SUBJECT: D. E. P. Chapter #91, Amnesty License Application LOCATION: Mao:026 Lot 403 Street: 14 Franklin Street OWNER: Craig Burnham DESCRIPTION: Marine Construction CONCOMM INFO: REQUEST: Please be informed that the application for licensing under the provisions of Chapter #91, Public Waterfront Act is underway Please research your files for past Orders and or Certificates of Compliance at this site. Please address your findings in letter form to the Department of Environmental Protection, Waterways Division. I will forward same with the application Thank you for your time and attention. Very sincerely Enc: Assess. Map William 1-1. Kelley,-- Agent elley;Agent fur Owner MARINAS - FROM CONCE T TO ('OMIT F I ION • 617-884 6811 • FAX till 88,1 111t. APPLICATION ADULT NUMBER Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE I District Court Department ❑ ARREST 129 HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within baler"lstr,ck C©U't named defendant,charging said defendant with the offense(s) listed below. 65 Washington Street DATE OF APPLICATION I DATE OF OFFENSE PLACE OF OFFENSE Relunn MA. 01870 - 12/15/93 12/14/93 12 Franklin Street i NAME OF COMPLAINANT City of Salem, Inspector of Buildings NO. OFFENSE I G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANTViolation City of Salem Burnham Associates, Inc. t Zoning Ordinance Art.V,5-2 26-Deartiorn-Stree -----i -- Salem, Masa. 01970 permitted in - ------- x ------- - _ Uses P 2. District NAME,ADDRESS AND ZIPRW CODE OF DEFENDANT _- 3. 4. /Qt0. COURT USE A hearing upon this complaint application of H A A COURT USE ONLY will be held at the above court address on *—ONLY CASE PARTICULARS — BE SP CIFIC 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: Illegal use in -INE-District ^ X SIGNATURE OF COMPLAINAN DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIALSECURITY NUMBER SEX RACE HEIGHT WEIGHT S HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME O O 3 r D Z V D Z —1 N O O a DC-CR2(3/88) (MU of 1*tt1Pm, Aussar4usetts public PrnpertV Department Guilbing Department Mne Belem %rern 508-745-9595 VA. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 14 , 1993 Burnham Associates, Inc. 26 Dearborn Street Salem, Mass. 01970 ATTENTION: Mr. Craig C. Burnham, President RE: 12 Franklin Street , Salem, Mass. Dear Mr. Burnham: It has been brought to the attention of this office that you are presently conducting an illegal industrial use of the North River on property located at 12 Franklin Street in Salem. More specifically, you have caused to be located on the shoreline of that property industrial marine vessels and you are conducting the business of Burnham Associates, Inc. , at that location. Although illegal use, as defined in the City of Salem Zoning Ordinance, of 14 Franklin Street is subject to ongoing litigation, it is clear that industrial uses of 12 Franklin Street are impermissible. Accordingly, you are hereby ordered to cease and disist your illegal use of 12 Franklin Street and you are hereby ordered to remove any and all industrial vessels from all areas of the North River, with the exception of the 50 feet of frontage at 14 Franklin Street . Please notify this office upon receipt of this letter as to your course of action. Failure to do so will result in Salem District Court action being taken against Burnham Associates, Inc. Thank you in advance for your cooperation in this matter. Sincerely, Leo E. Tremblay Inspector of Buildings LET: scm cc: Mayor Harrington Councillor Sarah Hayes Kevin Dailey Certified Mail # P 091 156 406 r` USE.REGULATIONS SALEM ZONING ORDINANCE Art.V,§ 5-2 - f (7) Wholesale merchandise brokers and whole- Housing Authority and financially aided by sale storage. either the U.S.Public Housing Administra- (8) Service establishments exceeding the re- tion and/or the Commonwealth of Massa- � quirements for such businesses in B•1 Dis- chusetts Department of Commerce-Division" tricts, such as major laundry, dry cleaning of Public Housing. and baking establishments. (13) Retail-wholesale contractors supply estab- (9) . Churches and similar places of worship, lishments, provided, however, that the public and private nursery,elementary and wholesale operation does not consist of over secondary schools,institutions of higher ed- fifty (50) percent of the business. ucation. (14) Studios,workrooms and shops of artists,ar- °. (10) Off-street parking and loading facilities and tisans and craftsmen,provided that all ac- prod- {' ucts of the artistic endeavor or craft ' other accessory uses and buildings, pro- that such uses are clearly incidental tivity are primarily for sale on the premises to the principal use. or by specific off-premises commission from n a sponsor or client. -: r (11) All uses permitted in B-1 Districts, subject to all provisions specified for such uses, ex- (15) Publishing and printing establishments. cept that all residential uses are prohib• (16) One-family,two-family and multifamily res- :i J.. ited. idential uses as primary uses in townhouse, (12) Retail uses relating to the permitted uses row house, flats or multistory arrange- in this subsection (f) ments, including high-rises, and as sec- g " Yd'31aEviitg are permitted ondary uses in upper floors of structures primarily used for retail, personal service uses in the central development districts: or office purposes. 1)''.All uses permitted in B-1 Districts, subject to all the provisions specified for such uses. (17) Accessory uses generally in support of the above permitted uses. (2) Other retail stores and service establish- _ ments, except those permitted in B-4 Dis• (h)LI7tr � dwing are permitted uses tricts. in the industrial districts: All uses permitted in B-4 Districts, subject to all the provisions speci- `� (3)) Places of commercial recreation and enter- fied for such uses. tainment, such as theaters and bowling al- ler. (i):Business Park Development Districts.The fol - (4) Restaurants and other eating and drinking lowing are permitted uses in the Business Park places. Development Districts: (5) Nonprofit clubs, lodges and fraternal asso- (1) General office buildings including business and professional offices and ancillary activ- -; ciations. ities (i.e., cafeteria facilities). (6),, Philanthropic and charitable institutions. (2) General storage, warehousing and whole- (7) Music and dancing studios. sale distribution uses. (8) Trade and business schools. (3) Manufacturing, packaging, assembly, re- (9) Hotels, motels and inns. conditioning, processing, research and testing of the following types of industries: (10) Business and professional offices. pharmaceuticals and other related prod- (11) Off-street parking and loading facilities. ucts, food and kindred products, apparel, electronics and electrical products, furni- (12) Buildings and facilities for housing projects ture and fixtures, primary and fabricated built under the jurisdiction of the Salem metal products,box manufacturing,textile f 13 NONCONFORMITY SALEM ZONING ORDINANCE Art.VIII, §8.5 ; i i of the lots do not meet the requirements for increased in height, except as provided for lot width and area as established by this in section 8-6. However, if such structure ordinance, the lands involved shall be con- used for single- or two-family residential sidered to be an undivided parcel for the purposes can be enlarged or altered in con- purpose of this ordinance, and no portion of £ormity with the lot coverage, front yard, said parcel shall be used or sold which does side yard, rear yard and distance require- not meet lot width and area requirements ments of Table I of Article VI,said enlarge- established by this ordinance,nor shall any ment or alteration shall not be deemed an division of the parcel be made which leaves increase in the nonconformity of the struc. remaining any lot with width or area below ture and permissible even though the lot the requirements stated in this ordinance. area and lot width are nonconforming. ,.-mow (2) Should such structure be destroyed by an Sec 8 3. Nonconforming use of land. means to an extent of more than fifty (50) Where use of land exists that is made no longer percent of its replacement cost or more than permissible under the terms of this ordinance or fifty(50)percent of its floor area at the time amendment,such use may be continued so long as of destruction, it shall not be reconstructed it remains otherwise lawful, subject to the fol- except in conformity with the provisions of lowing provisions: this ordinance. (1) Such nonconforming use shall not be en- (3) Should such structure be moved for any larged, increased or extended to occupy a reason for any distance whatsoever,it shall greater area of land than was occupied at thereafter conform to the regulations for the effective date of adoption or amend- the district in which it is located after it is ment of this ordinance. moved. (2) No such nonconforming use shall be moved ' in whole or in part to any other portion of Sec. 8.5. Nonconforming use of structure. the lot or parcel occupied by such use at the If a use of a structure or a structure and pre- effective date of adoption or amendment of mises in combination exists that would not be al- this ordinance. lowed in the district under the terms of this ordi- (3) If any such nonconforming use of land is nance or amendment, the use may be continued discontinued for any reason for a period of so long as it remains otherwise lawful, subject to twelve (12) consecutive months, any subse- the following provisions: quent use of such land shall conform to the (1) No existing structure devoted to a use not regulations specified by this ordinance for permitted by this ordinance in the district the district in which such land is located. in which it is located shall be enlarged, ex- tended, constructed, reconstructed, moved Sec. 8.4. Nonconforming structure. or structurally altered, except in changing Where a structure exists which could not be the use of the structure to a use permitted built under the terms of this ordinance by reason in the district in which it is located. of restrictions on area, lot coverage, height, yard (2) Any nonconforming use may be extended dimensions, or other characteristics of the struc- throughout any y parts of a building which _ ture or its location on the lot, such structure may were manifestly arranged or designed for be continued so long as it remains otherwise such use at the time of adoption or amend- lawful, subject to the following provisions: ment of this ordinance,but no such use shall (1) No such structure may be enlarged or al- be extended to occupy any land outside suchbuilding. tered in a way which increases its noncon- formity, except as provided for in section (3) On any building devoted in whole or in part 8-6. In addition, such structure may not be to any nonconforming use, work may be 51 F0.EIGNT INC '? • Over Duet c TRUCKING CO INC h M P8�6 18 CltTY6Y 'RVICE STATION GAS ( D!FlMDAIL! 1� M 1 Years 11-8657 is fltYlCt t SON LEATHER 1 •1 t ' of DINER RESTR ' '^ • Service E STATION GAS G L'�.REARFOSTER C ST (P)—NEERICONTD FRANCIS NO -FROM 28 JACKSON TO A $ 1056 C SUPPLY LO y'4'RBAR COYNE ENGINEERING SALES CO .-5608 1`'�; IND FANS 532-0350 DEAD END :P MFG BABY SHOES 120 TANNERIS CAFE RESTR 531-0416 AMICO JANE D MRS 3 MACKIN ARTS J • 744-0587 ,ALES INC AUTOS • PARE ARTH J 531-7322 4 FEMINO JAMES • 745-3155 NELSON JOSEPH 5 DEMERITT RALPH M • 745-4116 A NCIS1 INC WXOL VACANT 6 LUSKO STANLEY • 745-3609 VACANT 7 PE AVY HOUSE SAM • 744-3260 CTS 531-1955 .+'% 10 VACANT FOSTER RE EDMUND '- 122 FOSTER OIL CO 531-0425 11 GAUDETTE MARLEL R • 744-7072 25 -• 12 MICHAUD GILBERT J • 744-9229 i P OBEVERAGE CO PKG 3iC MOT00. SERVICE UJAWALIQUORS • 531-0425 13 VOGLERFEMINO RUSSELL G • 744-7293 ; KUJANA JOSEPH 14 FEMINO ARTH • 745-1712 I IG CORP 531-1409 DURAND THOS A 531-8872 15 KJAWORSKIERKORIA STANLEY J • 744-7685 iR CO INC LEATHER DUCHESNE PHILIP lb KE RKORIAN SAML • 745-0506 124 DA SILVEIRA FERNANDO A 17 SIROIS ALF V • 744-3319 -ALES INC USEDKRAVCHUK FEODOR • 531-6715 1B DOUCETTE FRANK 0 • 744-3916 -" ---QUINLAN'SC 19 COHEN HYMAN • 744-5299 ,, 0 REFINSNERS20 CASPROWICZ CHESTER • 744-7265 430 O i. --____________________________ 21 MORENCY LAWRENCE J • 744-7440 �1 22 LUPO THOS * CO INC TANNING I. FOUNTAIN ROM 33 24 SUTTN PLEASANT 26 26-MOULTONF GARALD4C 6.RANCIS 0 4744-6087---_ 0 5- 92 3 CO JOBBERS IERPOINT WESTTO24 LEATHER 1 SCAHiLL EDM J • 531-7494 ! 1_8808 - 2 MARCHESINI SERGIO P • 532-1410 = 4 CO GLUES TOCK sl.':. HORAN HENRY W • 531-3384 FRANKLIN ST -FROM B2 N00.TX TO 14 pA3 MC LAUGHLIN ANNA F MRS • OULTON,AV-WD 6' '.ESTR 531-9815 531-6993 • ' "---SHAW'S LA ENDS 7 JEFFERSON BRONZE ALUMINUM CO L MRS ' '"4 MC LAUGHLIN THOS J • 531-5376 INC 744-1474 "6 ROJI JOSEPH • $31-6966 8 NAREY EDM J • 745-3489 -k'" PERRY EDMOND A E SONS FLOOR 9 IDEAL GARAGE AUTO REPAIRS REFINISHING 531-6190 744-9350 MRS 531-1992 PERRY EDMOND A • 10 FRED'S BOAT SHOP ISTORAGEf M MRS • � �'�" 4 �6 MISTRETTA ANTHONY F • 531-4690 11 H C S DISTRIBUTORS INC WHOL -BEVERAGES•745-1960 .�.; 31-18523 -----7 14' GRISWOLD GED H INC TANNING' -31-8015 iz_�EXPROCESSING MATERIALS -d T ,NK ; - FOWLER ST -FROM 16 BOSTON WD 4 744-3347 n ,Y INC REAR VACANT ' SEARCH 3 DAVIS PHILIP 1745-1366 REAR HEALEY JOHN T • 744-3955 ! L'HEUREUX LUCILLE MRS REAR HEALEY ELLEN E MRS 744-6794 SHT MTL '. 8 MOORE JOHN J • 744-6671 17 METROPOLITAN INC CO • 744-1380 MARSHALL RALPH G 744-2284 18 FERRIS AUTO SERVICE USED AUTO V SALES LEATHER9 MORONEY RUTH B MRS 745-1426 PARTS • 744-1827 t� MORONEY MARGT C MRS • 744-4199 23 VACANT 30TATO CO ll NOEL RONALD L • 744-9086 KAPNIS JOHN • 744-1257 i r'- HARDY PAUL H 744-6826 27 SABOURIN AARON R • 744-0263 IG G EQUIPMENT t -`114 WHITE PIERCE F 29 GLATE0. ENDS BANK 1INERY • k'` WHITESIMONACCHIPIERCE FRANK • 745-4984 29 FOSTER ARTH N JR • 744-7637 x 12 LINSKY WM J 744-9279 33 O-CONNELL GEORGE W •'745-2462 CHEMISTS MFG$ 1 ': LYNCH MARY E • 744-8690 35 JEFFREY KATM W M0.5 744-2188 :1 126 QUINN FRANCIS P JR 745-1469 37 DOWNEY ROST E 745-0465 HEMICAL CO MURPHY LATH 744-8693 39 SWEENEY DANL A 745-4007 14 FOLEY MARGUERITE M MRS ---HAYWARD ENDS NOME i{ ASSACNUSETTS SONI GAN FRANCIS J 745-4780 41 HUBBARD MAUDE M MRS RACTS ---NORTH PINE ENDS 43 GARDZINIR WALTER • 744-7523 LOANS 15 DUDLEY ANN E MRS • 744-8596 45 SHEPPERSON HERBERT • 744-3167 C TOOL CO RICHARD NORMAND J • 744-8596 47 FIACAPRILE JOHN M 745-4361 SAVINGS 712 17 LE DUC J OMER • 744-4175 51 FERRIS CHARLES K CO INC 19 ROULEAU HECTOR J • 744-6315 ---OSBORNEENDS ACCOUNTS •: SPARKS RUDOLPH ---ORCHARD BEGINS 331-4432 COTE ALF JR 745-1823 `EABODY INC ' 20 MC ELROY SUSAN E MRS • --------------------------------- 71 !FRS 531-5640 n 745-4662 24A MING CO INC 21 TEUNG YEE FRANKLIN ST IPEABODYI-FROM 57 Washington 22 PHELAN EDM J 744-7439 FOSTER NORTHWEST TO 4 KOSCIUSKO street COW PRODUCTS s; a 24 MAC KINNON MARGT E MRS Cor. Churok H OLRS745-2167 9 AMES A P C CO FEED OLRS ('4. DELUDE PAULINE MRS • 531-0350 s P ---BCMRR CROSSES Salons )NIC TUBES ------ ___CHESTNUT INTERSECTS p 14 VEINOT VIOLET E 531-6256 Telephone lr F IS CO INC a 1 1., . 531-2683 FOWLER STREET CT FOWLER 159 DHAMMONDOHERTY JOSEPH D • 531-9044 744-5450 FEDERAL TO 21 FOWLER WD 4 15 DOHERTY JOSEPH 0. • 531-2980 .: r , a ..G COLONIAL CADILLAC INC. 36 WALNUT STRt I SALES — CADILLAC DEALER— SERVICE s 283 DERBY STREET TELEPHONE 744-1374 ISO �7M ANY J� 1 FOWLER ST(D)--Coatd REAR H N A 5OF5PRAY CAR MASH 3 POWELL G[LE5 B • ]TG-2855 7 JEFFERSON BRONIE ALUMINUM CO �' FRAt'I�IN BT(Dr-C 4 BARTOSIK THOS W 774-5200 INC FOUNDRY TGA-14]4 5 MIGNAULT PHILLIP C W 774-9154 8 NAREY EDM J M 745-3489 40 MVARIETR'S BACK 9 IDEAL TRANSMISSIONS INC AUTO VARIETY 770-I1 7 JOHNSON LEWIS E • 774-1803 REPRS 744-9350 --LAUREL BEGINS 10 FRED-S BOAT SHOP (STORAGE) -^ B MAH ONEY EOM J W 774-6257 11 H L S DISTRIBUTORS INC MHOL H 9 NC KE NIIE ROBT L W 774-4528 FRANKLIN ST (PEASC IO ELLARD NICHOLAS 0 W 574-5699 —"BEVERAGES-74S-1960- II COTTON MILDRED J MRS • 114 GRISWOLD GEO H INC TANNING FOSTER NORTHWEST O - 774-3998 �.--. EXPROCESSING,MATERIALS� ARTHUR BEGINS 1 744-3347_, 9 AMES A P L CO FC 12 DURG AN MM B • REAR VACANT - 531-0350 _ 14 HOLLDW THOS F JR • 774-8793 REAR HEALEY JOHN T M 744-3955 ^BL MAR CROSSES ! IS VACANT REAR HEALEY ELLEN E MRS 744-6794 --CHESTNUT INTERS M ELUTE KATH E 17 VACANT - 14 VEINOT VIOLET IS FERRIS AUTO SERVICE USED AUTO HAMMOND M[LDRE 1 16 ROMAGNOLI PETER W -1827 15 DOHERTY JOSEPH IT EOM J W 774-2103 PARTS • 744 17 SANTOS OH W ' IS MERRILL THERESA J MRS • 23 KAPN15 JOHN • ]44-1257 � PRAMAS ANGELUS I 774-1055 --- 20 NELSON THECKLA 20 MC HUGH JOHN FOSTER ENDS i MC NEILLY MALT GIERES CONS TANCE MRS 774-8494 29 GLACKIN ARTH M JR • ]44-763] HEAP HY CHARLES R 774-7672 33 G-CONNJEFFREY GEORGE W • 4-218462 ELLISSINJA ANNE L S. 21 NO RETURN 35 JEFFREY KATH M NRS 744-2188 SIMJAC JACOB O ---CRANE BEGINS 37 DOWNEY ROBT E 745-0465 20A PLO MO ND GN MAL I 22 OLDSON CHARLES E W 774-5232 39 SWEENEY DANL A 745-4007 21 RISTEEN MILFER 23 MC GA VL EY WM P • 774-9265 --HAYWARD ENDS ELLIS A LOU ISE A22 LEWIS JAMES M W 7BILLINGS ESTHE 74-4723 41 HUBBARD MAUDE M MRS 22 MORSE CHARLES 25 CROSSMAN FRANK H • 774-5280 43 GARDZIIIR WALTER M 744-]523 27 CLOUTMAN PAUL M • 774-5806 45 SHEPPERSON HERBERT M 744-3167 ABBOTT EDITH M 47 FIACAPRILE JOHN N 745-4361 2S DUNN JOHN F 0 N __--___----_---^^^ 51 FERRIS CHARLES K • 251 FITZMAURICE J i- —OSBORNE ENDS 26 LAWRENCE HAROL FOWLER STREET CT -FROM 159 —ORCHARD BEGINS SULLIVAN EVA M S27 TO 21 FOWLER MO 4 : 27 L HANKY DURKIN ^-----_-_---- i�� 30 UR KIN BERNARD ` 36 32 FLYNN MM J W 5 __ FRANKLIN ST (DANVERSI-FROM 41 36 SROLEWICZ LEO -----—�-- `-----`- POPLAR SOUTHEAST TO 30 CO NANTBELCHER EUG S -^SEAMOUNT RD BE ROEADSE AD ND -FROM 28 JACKSON TO A " --SCHOOL ENDS ROGER 2 AYLES FRANCIS C 774-6168 BUTLER SERENA P MRS 774-0812 37 OUIGNEN KATHRY T 1 4 LITTLEWOOO CHARLES C W 774-2166 G 531-6132 C 0 N A N ■ 4 FEMIND JAMES J • 745-3115 O 5 BLANCHARO BERTHA 8 MRS • # 39 ELLIS LOUISE F /� 774-5049 42 40 MULHERINJOHN ARKINS F RANCI C O-O 6 LUS KO.STANLEY • ]45-3609 . ] BROWN ROUT�` ISS P roe sees MOLONEY MARTIN C 774-7484 G3 RING KENNETH F MU ARLES M • 744-8129 M`I 71 ROME ALMA MRS 774-6942 BUC KLEY MABEI BANK II ETT MARC EL R • ]44-TO 2 B AMNOTT CL ARENCE H • 770-1028 44 DONOVANTHOMPSO AIM L (MSLEY JOHN E W 774-0953 TH OMP$DI THOS 13 VOGLER RUSSELL G • 744-729 !7, t0 MILNE LESLIE B M 774-6096 48 SARNIE MARY R 11 VEINOTTE RONALD B W 774-1950 NELSON MARGT t 49 CALDWELL HARRY ,SIS JAWORSKi STANLET_J,W...1�4-]685„ 12 MARTIN JOHN R NELSON WALTER Salem 16 KERK ORIAI BAWL A W 745-0506 EDWARDS ELLIS E 774-6819 50 ARMSTRONG GEO - 17 S I l4 LORD POST L W 774-6227 Mass. 51 MC CANN JOHN IB-DDUCETTE FRANK O • 700-3916 IS LVCIER BERNARD L W 774-2471 53 MC CANN FRANC: 19 COHEN HYMAN W 744-5299 WALLIS FREDK S 774-5883 55 LANDERS JAMES Mortgages 20 CASPROWICZ CHESTER W 744-7265` 16 COMEAU JOSEPH E . 774-3017 56 BUCKLEY RAYMOI TO - 17 GORMAN CLARENCE E 0 774-2585 57 SULLIVAN RICHT BUY F2�1_.U�LTO. IERAID LU744-6430 --SCHOOL INTERSECTS OU INLAN JOHN BUILD ^T0.ASK BEGINS C M 744-60Bt1 � ---COTTAGE AV ENDS 58 WALSH PATK f REMODEL 25 ENNIS WALTER G W 774-3424 62 WS31-77ROFT S 531-7703 YOUR - -- 26 VACANT WOOD ARD DO ROTS 4 28 VACANT NEES BRUCE E HOME FRANKLIN ST -FROM B2 NORTH TO 14 29 GILMAN ARTH J a 774-03]0 MOULTON AV MD 6 --CENTRAL AV INTERSECTS ! 256 ---CONANT INTERSECTS --PERKINS INTER! 4 BURGER CHEF 744-5118 66 SHELMAN NATHAI ESSEX ST. Tel. APPRAISALS. a SALES a INVESTORS W TRADES 745-1124 ALDEN CABOT REALTY, Inc. UC.NO.6976 MARIE J. GOGGIN, Insurance Agency, Inc. COI 300 Lahyette, Salem, Mass. Tel. 7445039 t K i- RANTS Cocktail Lo -- -, BERGERON PLUMBING & HEATING Inc. ; 777ucem t4trrM ale e + Iii Owed A Operated By PAUL J.LYONS O 745.1 COI�LE[E HEATING—INSTALLATION SERVICE Wm IN.SYegl tl110 Td 744-4311 141 53 � res ; ST-Conal 0 i 4528 ryLI ad,,Boat Shop(Storagel FRANKLIN ST(PEABODYi,--FROM 67 Rtsai TBe Supply 745-2610 FOSTER NORTHWEST TO 4 '401iKOSCIUSKO O = C s''yiiinbing A Heating Co Inc whae ZIP CODE 01960 �! 74-1332 8114868 9 Ames A P A Co feed dire 531-0350 C��� � 1 :88 �Chislie's Auto Body 744-0986 BAMRR CROSSES O 1 s 0 0 P.Restoration Co (Merle Plumbing) CHESTNUT INTERSECTS 2 N ar74[:1513 T---.._f`- — -t 14 Dee Kath I 531-7114 �ewwso r" N Moeller Leon rt E Inc tanning erect_mfm.) 0673 VacantMs gd•+7(� 7 _ l5 Doherty Joseph R OO 631-2980 Q S k , IAa,Mormier Inc(Storage) 17 Santee Laura E Mrs OO 531.9315Q w 1000 Primas Francis M Mrs i ' Iwr Apley John T OO 744.3966 20 Nelson Theckla E 631-0707 0-4 sea -8494 1kI'erris Auto Service used auto parte Mc Mahon Edw J Jr 5S M� ,7441827..` Ellie Anne L 531-2350 .481 U I No Return- Ward Geo P 532.2137 ♦ i PaR`GospeC Chapel 20s Plomondon Rita M Mrs OO 631.9047 . .O i -i 4.5232 jRobineon.Arth H Rev 74541274 21 Risteen Milford R 5313332 266 E IOSTER ENDS Ellie John F OO 531.1699 �Gleekitq Arth W Jr OO 7447637 22 Billings Esther M OO 531-6026 a = Fi 4-7419 11 O'Qomiell George W 49 7462462 Vacant 0 ai e 'Giuida Larry G 7447653 Baribo Camilla H 532-0972 1706dade Louis 25 Dunn John F OO 631-0314 kACasede J� 46 Joseph 25% Sullivan Mary E 532-06j¢q¢q )M 158 7 kkftARD ENDS 26 Carter Robt t• �'ii 411Hubbard Maude W Mrs Spring Wm 6313614 r e jr.Walter ® 744752OO 3 27 Gorges James T paper hanger 631-5013 G .:488hep`pei+on Herbert OO 7443167 30 Vacant `. 'Fisaaaprik John M 32+Mitchell Peter D OO 532-1534 5 - 514errls Charles K OO 36 Talbot Alan 531.7054 .CKSON TO 08BORNE ENDS •Roaeignoll Warren ea .ORCHARD BEGINS SEAMOUNT RD BEGINS SCHOOL ENDS p r +78a'4• ' 34 37 Tsonis James A OO 531.1361 O .� 'FRANHLIN ST(DANVERSf—FROM 41 39 Buckley Robt T OO 5314077 As'POPLAR�SOUTHEAST TO 30 CONANT 40 Mulherin John M OO 5315807 0 � I,i > !C y_a't'fac.-,. 42 Harkins Eliz V Mrs OO 5314412 as }I `Z 'CODE 01923 43 Ring Kenneth R Jr 532-M ze ,y 7447117 4 Sfark,John S 7741741 Buckley Mabel E Mrs OO 531-6816 0 e Butler Carolyn 774-0812 48 Walker Richd P 6322977 s b1 -2 4xLitNewoad Charles C 49 7742166 Nelson Margt Mrs OO 531-1106 j. 4,Phillips Bruce W OO 7747499 49 Faria Joaquim OO 531.7262 TMance Arth J 774-0199 Faris Henry C p. �5-1712 Riley Thos E O 777-0634 50 Armstrong Ceo P OO 5313728 O 5 711.Dube Brien J 51 Geraghty John M O 5313613 Isis ""firlletaott Lydia Mrs OO 7748370 53 Vacant a rA v Skimer Bruce LOO 7744031 55 Lenders James E OO 531.0861 v :0 M 'i� 9 Toomey.John LOO 7743852 56 Buckley Dorothy N Mrs OO 5315533 C 265 110.lennitelli Richd J OO 7745216 Buckley Paul graphic designer '^ '0 p 11-Veinotte Ronald B OO 7741950 57 Machado Amaden 532-2247n M C 1 i0 i 11 Randall Kenneth R 777.1698 Naecimento Antonio MOO 5313428 bd I ..y Keown Judith Mrs 7743017 58 Walsh Johanna M Mrs OO 5314424 w C 70 z j1w„ .3 Bellamy John F OO 774.7134 62 Craigen John F 531.1041 M .4 lel Ig"LaOO cier Bernard L 774-2471 eBongette John 4 ��. A `Wallis Ruth S Mrs 7745883 Vacant O N = 18.Comeau Joseph E OO 7743017 O 24 4 x,17.DOOavidson Franklin .{ ^3 :TH TOOOL INTERSECTS PERKINS INTERSECTS ��� -1 TRASK BEGINS 66 Driscoll Robt E OO 531-6779 in " i'ODTPAGE AV ENDS 67 Babner IdaMrsOO 53141544 �{ p 26►ELnis Annette J Mrs 7743424 Higgins Linda L 5313479 O f` ,26 Mgjauckas Brony Jr OO 774.7568 Barbrick Geo L :0 Co Inc A Sisseton Gen 7741754 69 Vanish Sharon Mrs t"I H� 'r Trott Cathlene L Mrs 777-1897 Stathoulopoulas Andrew 5321851 :is ' ling .29 Eichholz Mary J Mrs 774-6276 70 Antoniou Antonioe OO 531-8789 r 7448360 "CE34TRAL AWINTERSECTS *Mugford Francis M 531-9327 F3'7 c CONANT INTERSECTS 71 Patrizzi Robt H OO 5313032 Town A Country Coiffures beauty shop 72*Martelh Thos A OO S 7749142 FRANKLIN ST CT BEGINS F �I 2 0sSPYCHALSKI FUNERAL HOME ; HONEST EFFICIENT SERV/CE a Convenient Location— Cor. Stodder 152 NORTH ST., SALEM, MASS 01010 103 �31 e 154 FRANCIS RD—Conal SCHOOL INTERSECTS Morency Lawrence J OO 744-7440 TRASK BEGINS 22 L'Heureux Grille W OO 745.0283 COTTAGE AV ENDS -Ocie III O J is 23 Vacant 24 Sutton Frank A OO 25►Eland Norman 774.6017 �eF 26 Marfongelli Gary OO 28*Meson David OO 774.7688 = 8 *Lawlor wlor Joy o oquin Sfa- 'a O 4 29 Eichholz Mary J Mm 7746276 FRANKLIN ST—FROM 82 NORTH TO CENTRAL AV INTERSECTS c! V C 14 MOULTON AV CONANT INTERSECTS 71tMc .F` 40 Town & Country Coiffures beauty shop -me w ZIP CODE 01970 774-9142 rtPRA W J3 7 Jefferson Bronze And Aluminum Cc Inc ;f -�j foundry 744-1474 ;.He; 8 Auto & Truck Repair 63FRANKLIN ST (pEAHODY)—FROM 57 ' 'At W +• 9 Ideal Tranamissions Inc auto repre 744.9350 FOSTER NORTHWEST TO 4 Wi J ► Marine Gear j O Division marine re re KOSCIUSKO 7'1",47449, 6 zirwa10 Fred's Boat Shop (Storage) ZIP CODE 01960 rpr 13 Rivex Tile Supply 7452510 9 Ames A P 8: S feed dlre 631-0350 I Oil 13 Mullen Auto Body 7450729 BB:MRR CROSSES -1, Mullen Jamie li Co Corp7454772.., - CHESTNUT INTERSECTS aJ 34 Neptune Demolition Corp 7455135 t 14 Dee Kath 1531-7114 -B"PB; Ia Silent_Shi e_SWre �+ p *Blodgett Jonathan 631.3316 Pe. .� :5 Healy John T OO 7443966 15 Doherty Joseph R OO 531.2980 Z, 17 Charlie's Auto Body 7443985531.9316 17 Samoa Laura E Mrs OO 81,Vs � g 17r Truck Specialty Repair 7450392 ' Pramee Francis M Mrs OO .88'H' j d a 18 erns 7 to Service used auto parts 20 Nelson Theckla E 531-0707 "'�--(�So w Mc Mahon Fdw J Jr r -Q,irF j 23*Arnold Charles F 7466456 Ellis Anne L 531.2360 86'W 27 Full Gospel Chapel *Comore Cath M 5316876 X04 Robineon Arth H Rev 7450274 20a Plomondon Rita M Mrs OO 6316047 90 At FOSTER ENDS 21*Winehell Gary 631-0611 g 29 Glackin Arth W Jr OO 7447637 Elie John F 0531-1699 9Y:Cr 33 O'Connell George W 07452462 22 Billings Father M OO 5316028 " F` 35 Giunta Larry G 744-7653 Vacant 9A:D; E39 Dockery Baribo Camilla H 632-0972 crypt j ro a 39 Coseda Joseph 25 Dunn John FO 531-0314HAY . .4 as W RMa NDS 25% Vacant 41*0'Lry Mary ' fFl3A. 1:FR i us 43 Gardzinir Walter OO 7447523 *Jones Brien W 632.4576 ti y 45 Shepperson Herbert OO 7443167 17 Ger James T fs. ',FZFF i 47 Fiatraprile John M Gorges paper hanger OO 531-5013 51 Ferris Charles K OO 30►Gmgg Wm 6314328 2',Ko m OSHORNE ENDS 32*Coming John A Jr OO 41 Mc LD w Y ORCHARD BEGINS 36 Talbot Alan 531-7054 4& e ► Rossigmll Warren 63144U T�Sh. SEAMOUNTra 7 30 SCHOOL ENDS BEGINSx S aNee V FRANKLIN ST (DANVERS�FROM 41 37 Tamils James A OO 631.1361FRE j e h POPLAR 90UTHEA97' TO 30 CONANT 39 Buckley Robt T OO 5314077 {iii►\ z3 z: 40 Mulherin John M �I 8 ZIP CODE 01923 OO 6315807 fd 2 Stark Joan 7741741 43 Ring Kenneth R Jr 42 Harkins Eliz V Mrs OO 531-4412 �s k,2,So 5323927 .aV it Butler Carolyn 774-0812 Buckley Mabel E Mrs OO 5316818 Y_W: 4 Littlewood Charles C OO 7742166 48 Walker Richd P 532,2977 5 Phillipe Bruce W OO 7747499 �i 7*Reddington Cathleen Nelson Margt Mn OO 631-1106 il 49*Da Silva Louis OO II j a Riley Thos E OO 777-0834 Feria Henry OO 5316820 FRE 7'S*Ganshaw Mar Ellen 7773138 91 - y 50 Armstrong Geo POO 5313728 8 Aldrins Bruce Lydia Mrs OO 4.431 51 Geraghty John MOO 5313613 I( Skinner Bruce L OO 774-4031 i 63*Bishop John J 63&1919 ,.�,2 N, nl �a ZI 9 Toomey John L OO 7743852 55 Landers James E OO 531-0981 0 3 Pc 10 Ianmtelb Richd J OO 7745216 f g*p o. 11 Veinotte Ronald B OO 774-1950 56 Buckley Dorothy N Mrs OO 6315533 12 Randall Kenneth R 777.1698 57 Machado Amaden 5322247 �- Keown Judith Mrs 774-8017 *Caldera Jose M 531-0219 e i' 58 Walsh Johanna M Mrs OO 5314424 - n 14 Bellamy John F O 7747134 82 Creigen John F 531-1041 $ IS Lucier Bernard L OO 774-2471 *Callahan Leonard *Saunders Leroy 774-5628 I6 Comeau Joseph E 3 774.3017 *Keras Dene 5316849 17 Davidson Franklin OO u 24 r 7° i e CALL 744-5500 DAY OR NIGHT v4,; Holyoke Square,Salam,(Mass.01970 OIL 192 S a HEAT FRANKLIN BT—ConLd 28 Mason David C OO 7773646 S 7 Jefferson Bronze And Aluminum Co Inc *clay Judith r4 SERVICEa num Truck 147' *Stephens HettY wb JoSo Repair 29 Eichholz Mary J Mrs 774.6276 § 9 Ideal Transmissions Inc auto repre 7449350 CENTRAL AV INTERSECTS Le Jam, 10 Fred's Boat Shop (Storage) CONANT INTERSECTS , 11 Eme:Tile Supply 746-2510 40 Town & Country Coiffures beauty shop 13 Riverside Auto Body 7460729 7749142 - Mullen James F On 7464772 j IT B gal 14 Lim68)key Construction 74638 Silent Ships Storage _ , FRANKLIN ST(PEABODYI—FROM 67 °_ Ids 15 Healy John T OO 7443965 FOSTER NORTHWEST TO 4 *Lemehn Dorothy KOSCIUSKO * C' ' FUEL 17 Charlie's Auto Body 7443986 - gptboulop 17r Truck Specialty Repair 745-0392 ZIP CODE 01980 ';!fey De OILS 18 Ferris Auto Service used auto parts 9 Ames A P & Co feed dhs 531-0360 /e0omou I 7441827 B&MRR CROSSESF 23 Arnold Charles F 7454456 CHESTNUT INTERSECTS 27 fidl Gespel Chapel 14 Dee Kath 1 631.7114 T Robinson Arth H Rev 7460274 *Doherty Madeline R 631-2980 FOSTER ENDS 15*Mogavem Francis A OO 6323M M' 29 Glackin Arth W Jr OO 7447&97 17 Santos Laura E Mrs OO 5319315 M 33 O'Connell George W OO 745-2462 Pumas Frarme M Mrs OO 6318070 35 Gloom lorry G 74476M 20 Nelson Theckla E 531-0707 37 Dockery Wm A Mc Mahon Edw J JrtFYeenny ENERGY 39*Sou w Antonio Ellie Ams L 631-2360 {.:` 6 CONSERVATION'ENDS Comore Cath M 6318676 - lira Nor. 4I*Gerdzinin Walter OO 7447623 20a Plomondon Rita M Mrs OO 631-90.47 7� k-y SPECIALISTS 49*Waleh Louise A OO 746.7088 21 Wineheil Gary A 691-0811 45 Shepperson Herbert OO 7443167 Elba John F OO 631-1698Hieen 47 Flaccaprile John M 22 Billings James M 6321416 ' Lil 51 Ferris Charles K OO *Richardson Janice , Jee OSBORNE ENDS Baribo Camilla H 6920872 a Piny . ORCHARD BEGINS 25 Duni John F OO 631-0314 .r 25%*Morrison Malcolm L Ptlletler 39 26 Curtis John D OO 631-0971 FRANKLIN ST(DANVERSNFROM 41 *Wilson Paul A 6324867 POPLAR SOUTHEAST TO 30 CONANT 27 Gargan James T OO 6318013 - HBI Autl Told 30 Gregg Wm H OO 5314326 peon e Comfort ZIP CODE 01923 32 Corning John A Jr OO 9S9 2 Stark Joan 7741741 36 Talbot Alm 531-7064 - ':Morr1eOC Ruling Butler Carolyn 774-0812 Roscignoll Louise Mrs 53194M 9Y�Varant Iasta0atim 4 Litth wood Charles C OO 7742166 SEAMOUNT RD BEGINS 90gArathuz: 6 Phillipe Bruce W OO 7747499 SCHOOL ENDS 8fepenu6 7 Reddington Kathleen M 7773136 37 Tennis James A 4+J 631-1361 91CYawfor, Riley Thee E OO 777-0&% 39 Buckley Robs T OO 6314077Faria A: 7% Ganshaw Mary Ellen 7773136 40 Mulherin John M OO 631MM a rke F 8 Amnott Lydia Mrs OO 7749370 42 Harkins Elis V Mrs OO 5314412 Skinner Bruce L OO 7744031 43 Ring Kenneth R Jr OO 6323927 y 9 Toomey John L OO 7743862 Buckley Mabel E Mrs OO 5318818 flAt4H<d 10 Iamitelli Richd J OO 7745216 44*Lemk4n Craig W OO 'PROM 7 11 Veinotto Ronald B OO 7741950 *Espinosa Raymond COT 12 Rendall Kenneth R 777.1698 48 Vacant Holyoke12 Judith Mrs 7748017 Nelson Margt Mrs OO 631-1106 ,.yam brat Square 14 Bellamy John F OO 7747134 49 Do Silva Louie OO � A Salem 15 Lucier Bernard L OO 7742471 Faria Henry J OO 6314820 77lap c Saunders Leroy 7745628 60 Armstrong Geo P OO 5313728 16*Nguyen Tuong L O 7742522 51 Geraghty John M O 6313613 17 Davidson Franklin OO 63 Bishop John J 6321919 ��l TEF„ SCHOOL INTERSECTS 55 Landers James E OO 631-0961 ;, AV ER] TRASK BEGINS 56 Buckley Dorothy N Mrs OO 631.6533 144-5500COTTAGE AV ENDS 57 Machado Amadev 532ZIP2247 CO 25 Rand Norman W Jr 7748017 Ca:dera Jose M 531-0219 `9 Sadowsi R L at Chandlers Rmv ELI _ `UL ...aMvc,M.. w.....a DINNER 0 BRUNCH CATERING . aao9►9aIL 201, {per o >r�* 74S-1363 PHIL C'l✓ixtl S Inc. Corner North i Mason Is. Salem, Wap u. ej 90 36 42-Harkins Eliz V Mn OO 631-4412 FRANCIS RD—FROM 28 JACKSON FRANKLIN ST (DANV R&._PROM 41 43 Ring Kenneth R Jr 0 63239M H TO SERTUCCIO AV POPLAR SOUTHEAST TO 30 Buckley Mabel E Mrs 00.531 CONANT _ 44 Lamkin Craig W 00 6322838 ZIP CODE 01970Vacant �8 co ZIP CODE 01923 - 48 Vacant H m 3 Mackin Arth J 00 744-0587 2 Stork Joan 7741741 Nelson Margt Mn 00 531-1106 �a x 4 Dube John B 00 7449027 Butler Carolyn 774-0812 49 Da Silva Louie 00 g U 5 Camey Geo T- 4 Littlewood Berbera E 00 7742188• Faria Henry J 00 531-8820 2 6*De FTendero Lowe A 00 9444761 5 Phillipe Bruce W O 7747499 60 Armstrong Geo P OO 5313728-.•.s� m 7 Harrington Virginia W Mrs @ 7447117 7 Reddington Kathleen M 7773136 51*Dianne Nelson L Jr 00 5324MA�4, Q 10 Fritz John B 00 7453366 Riley Thos E 00 777-06% rag giehop John J 532.1919 - � 11 Gaudette Robt M OO 7447072 7% Ganehaw�Mary Ellen 7773136- 53 BishopLandeJames E.OO 831-0981 12 Michaud Gilbert J 00 744.9229 8 Amnon Lydia Mrs 00 774-8870 yg Buckley Dorothy N Mn OO 531 _. 13 Vogler Russell G 0 7447293 . Skinner Bruce LOO 7744MI Q e 14 Femina.Florence.M Mrs@ 9 Toomey John L 00 774.8862 67 Machado Amada 6322247 _q "'• w i 8 an 15 Jaworski Stanley J 00 744-0305 10 IemitelB Richd J'®'774L218 Celdere Jose M 631-0218 le Kerkorian Sem! A 00 7460608 11 Veimtte Ronald B ® 7741950 58 Walsh Johanna M Mn O 5314424 12 Randall Kenneth R 777-1698 62 Spinney John F Jr 631.86M �y a4 17 9iroie Alf V 00 7468248 Keown Judith M 774.8017 Callahan Leonard A =&I± `ass; n x a a 18 Dube Georgette T Mrs 00 14 Bellamy John F 0 7747134 Scott Joseph ., H 0' 311. Jolly Lillian Mrs 745.1844 15 Lucien Bernard L 00 7742671 3;1 19 Johnson Ronald 00 wase Saunders Leroy 774-6828 e 20 Kasprowicz Chester L OO 7447265 16 Nguyen Toone L 00 7742522 PERKINS INTERSECTS m 21 Memory Lawrence J 00 7447440 17 Davidson Franklin OO SCHOOL INTERSECTS 68 Driscoll Rabt E OO 6318779 y 22 L'Heunux Orille W M 7460283 67 Seiner Ida Mrs OO 6318544 - 23 No Return TRASK BEGINS *Dumas Denise K 6323946 .' -• 24 Sutton Frank A 00 COTTAGE AV ENDS Barbrick Geo L rA 26 Margongelk Gary A.�• 26 Rand Norman W Jr 7-36" 69 Stathoulopoulos Andrew 5321815f, 28 Meson David C ® 7773846 . IT 4 Clay Judith.7774878 Palley Denise ro s: FRANKLIN 8T—FROM 82 NORTH.TO Baudreault" .. 70'Ammumt Antonice 00 631-8789. -. 14 MOULTON-AV 29 Eichholz May J Mn 7748278 Mugford Francis 07691-9327 -.. CENTRAL AV.IN'T'ERSECTS 71 Me Mahon Donald C ® 531-7457. .W ev•. CONANT INTERSECTS 72 Merteni Thos A O ZIP CODE 01970 40 Town & Country Coiffures beauty shop FRANKLIN ST Cr BEGINS a H M A Car Can Systems ruetproofmg- 7748142.. ... 73 Apartments ..- -: :M 7447165 - - -- - on H M Aum Sales 7447159- 53 +Collym Marie E A 7 Jefferson Bronze Co Inc 7441474 - Stanley Mary r 072° .Joe FRANKLIN ST 67�� *pndnwe Harry 'i rg ...I e- 8 Aum &Truk Repair POSTER NORTHWEST TO 4 tVerretto Stovers •.qr 9 Ideal Tnnamuaians Inc auto repro KOSCIUSKO - Pzmny Thos C L 7449360 - 74 Wilkins Margt M-Mn® 6314708 (1 t� • �4n Malone Fence Cc 7447339 ZIP CODE 01880 ±_ feane Nan M Mn 6321997= L m 10 Fred's Boat Shoe (Storage). 9 Ames A P & CoCS feed dln 631-0960 76 Zimmermann Elaine M MM e. 11 Ease,Tile Supply 746.2510 B&MRR CR088FS *Raney Miehl F 5323819 a' 12 Neptune Demolition Corp 7465135 CHESTNUT INTERSECTS ., 78 Breen Lillian A .: t E 0: F o Dart Workshop The 741-1721 14 Dee Kath I 14 13 Riverside Auto Body 74&M29 Doherty Theresemss, G691-2980 Gillis Jean A Mn Mullen James F Co 7454772 16 Mogevero Ennals A OO 5323024 79 Apostolos Michl J OO 6323751 ,. 1re 7 Santos Laura E'Mrs 00 631.9315 80 pseamY Thee H 14 Linskey Construction excavating Moira prances, Frances M Mrs 0 5318070 Pelletier Geo H Jr OO 531-2748_, 7453 20 Nelson Theckla E 531-0707 Facclog"GeoffraY M 531-8267 r te.7 858 15 Healy John T 0.7443955 Me Mahon Edw J 81 Tessier Richd L O 5318352 Devel. Lemelin Dorothy' Ellie Anne L 531-2360 Conon Cath M.5318675' 82 Hill Ruth H 00 631-874 - •P d 17 Charlie's Aum Sort a 745415 _.. 84 Wilson Richd A 6315778 .. 17r Rod's To Service 7468977 Me Mahon Edw J Jr loom kianakee Paul-J 00 531,6 �b 18 Ferris Auto Service used auto Perls 20a Plomondon Rim M Mrs 0 531-9047 86 Morrison Herbert P 00 531-0906' p 7441827 - 21 Winchell,Gary A 531-0611 BS No Return mnb� 4 a. 23 Arnold Charles F 7458465 Ellie John F 0 531-1699 +t m 27 Full Gospel Chapel 7450274 22 Billings James M 6321415 90 Arsthuzik John R 00 631.9507 Ro *Stepnuck Janet 63 2 Robinson Arth H Rev 745-0274 1.4582 jnc (A e Richardson Janice 200 'hr FOSTER ENDS 4 w Ration Camilla H 6332.09797 F 2 91 Crawford Cecil R 5321849 v m 29 Mackin Arth W Jr 00 7447697 26 Dunn John F ® 531-0314 92 Faris Arnold R O 7. 25% Morrison Malcolm L 94 Derke Roger J O 5322216 A Nci 33 O'Connell George W 0 7452462 26 Curtis John D OO 531-0971 a 36 Giunta Larry G 7447653 Wilson Paul A'5324867 Mar. # d 37 Dockery Wm A _ 27 Gorges James T 0 5315013 FRANKLIN STREET CT(P 7 E � 39 Bougie Antonio _ 30 Gregg Wm H 00 6314926 MOM 72 FRANKLIN TO A 'Cerin I G` ae HAYWARD ENDS 32 Corning John A Jr 0 'Petk J y se 41 Gardzinir Walter 00 7447523 36 Talbot Alan 531-7054 END & Nor v m 43 Walsh Louise A 00 7467066 Roagemoll Louise Mrs 6318434 ZIP CODE 01960 Richd S r 0 46 Sheppersoo.Herbert 00 7443167 SEAMOUNT RD BEGINS • 2 Kohut Richd A 00 Sylw` y d 47 Fiacraprile John M SCHOOL,ENDS 4 Moreland John C OO Lawren r - 51 Ferris Charles K 00 37 Tennis James A 00 531.1981 6 gaga Robt E 0 531-6607 Baggage 2 y OSBORNE ENDS 00 39 Buckley Robt T 00 5314077 7 Sheehan Francis B 00 5329788 .ay Plant t-- ORCHARD BEGINS 40 Mulherin John M 631-6807 � SQ END: u� = LOWE MART SHOPPING CENTER w 474 LOWELL STREET, PEABODY, MASS. plete 11 FOOD CENTER 535-3530 CUSTOMER SERVICE LIQUORS, INC- 5 St. (Rte. I W; PETER .0. BARTER, INC. •. r Flowers and Colonial Giga ". 7443144 •� AT PICKERING WURF,201 DERBY ST. IT - i � .96 'd FRANHLJN4-A� 53 78*FreimBruce BT -FROM 82 NORTH TO FRANKLIN ST (PEABODY)-FROM Nolan John H O 632.5W-,-, v l" a L-14 MOULTON AV 87 FOSTER NORTHWEST TO 4 79 Apostoloe Must A Mrs O KOSCIUSKO SD*Roger Joyce Mrs C�j qeq a ZIP CODE 01970 Pelletier Geo H Jr O 631.27,C: 4 Andrews H M Auto Sales 7447189 ZIP CODE 01960 81 Boles Rlchd O 631-0128 7 Jefferson Bronze Cc Inc 7441474 9 Aram A P& Co feed dire 6319360 82 Hill Ruth H O 631.1884': 8 Auto & Truck Repalr - B&MRR CROSSES 84*Thomaldis Chea 9 I7e449360 mfaslom Inc auto repo CHESTNUT INTERSECTS Leordaidan-ktt Paul J O _ 69181 D e 14*Purcell John 1131-7898 BB Morrison Herber P O 631-0806># 'g a is A 10 Fred's Boat Shap(Storage) Doheny Theresa 0 671-2880 90 Amthuzik John R 0681-9607: y o 11 Essex Tile Supply Inc 7467610 18 Mogaveru Francis A 0 532-3024 Stepnuck Jane 53186M ' 1" 13 Riverside Auto Body 7448018 17*Cheu Wm W O 5328678 91 Crawford Cecil R O 6321SAG. r v J Mc Kinney lawrence 0 631-7281 92 Fart Amour R O qMullen James F Co 7464772 0 14 Vacant _1' 20 Mottle R 531-9141dwJ 99 Group Home '+'•la 14 N. X16-Healy John T 0 7443966 Mc Mahon Edw J .,, �!.... o Ellie Anne L 531-2350 FlUPiHI.IN STREET CT Lemela Dorothy + [usq. t. : y Comore Cath M 6918876 a 17 Charlie's Auto Body 744,8986 Mc Mahon Edw J Jr FROM 72 FRANKLIN TO: * Rear Rod's g Towing Service 746-8977 20a o PRita -0 Mrs ND 0631-8047 E ?.�pg � Pattie Glen Co 6922800 21*PrIce ice Thus E 632.0782 Z v 18 Ferris Auto Service used auto pans *Roceo David O ZIP CODE 01960 .,fta Ringgg 7441827 (W -0 N 22*Puke Dani F 2 Kohut Rirhd A O rad•,? t. 23 Arnold Charles F 0 7468466 *Callan Robt E 4 Moreland John C O ,n2 - r 27 Full Gospel Chapel 7460274 Hutson 6 Bag& Robt E 0 531-MM 1 RING Robinson Anh H Rev 746-0274 25 Nelson Barbar J 0 631-0314 7*Hinch Robt W 0 977-9077 v,ikjw' FOSTER ENDS 25% Caldarone 29 Glackin Barbara M Mrs O 7447837 28 Curtis.Jahn D O 6314971 e 33 O'Connell George W 0 7462482 27 Oargm Maureen M Mrs 0 6318013 FREDERICK ST-FROM 7 s 36 Giunta Larry 0 7447663 30 Gregg Wm H O 6834928 BBLLSVIBW AV BAST T0,9, $ 37 No Return 32 Coming John A Jr O 6821797 END tl 38 Rom Jay 36 Turner Richd g<...,. HAYWARD ENDS SEAMOUNT RD BEGINS ZIP CODE 01970 ' 41 Gardzinir Walter 0 7447523 SCHOOL ENDS 2 Morlmey Mary Anne 0 •. .,s .l 43 Cullen Linda M 0 7467088 - 37 Tsonie James A pntr 0 531.1381 Witchcraft Heights Schaol 74843BOD.!l lti., O 45*13ouchard Donald D 7454843 39 Buckley Robt T O 6314077 „ + . t 47*Amm Randal D 7462349 40 Mulherin John M 0 53188M .. .;cG 51 Ferris Chula K 0 7441827 42 Harkins Ella V Mrs 0 6318412 FREEDOM HOLLOW-FJ Obff OSBORNE ENDS 43 Ring Kenneth R Jr 0 6323927 HH.IP AN IN A CD3 =a&AD ... ORCHARD BEGINS Buckley Mabel E Mn O 5318818 o 44 MIB, Susan C O 832.3968 ZIP CODE 03970 l d Plerce Christopher J 1*Black Burton O 7448862 •19- - o FRANKLIN ST (DANVE88)-FROM 86 48 Frazier Mike 6921322 2*Jumon Ratner H 0 7466082:.- as`>" A POPLAR SOUTHEAST TO 80 Wei David O 6928754 3*MWer Stephen J O 7483896,el'- (� 49 Faris Henry J O 6818820 4*Neumann Merz O 7468194- Z 31 CONANT 50 Armstrong Geo P O 691-8178 5*Brown Martak O 7448314 51 Dionne Nelson L Jr O 83243M 6*Diamont Colleen A O 7448189 Z! ZIP CODE 01923 63*Jones Robt R J O 6328215 7*8ordgan Ruth E 7441348 2 Neal 8teph M 777-4822 65 Landers James E 0 831-Ml B*Po -` 6� Butler Carolyn 774-0812 68 Buckley Dorothy N Mrs 0 531-6633 9*Gabe Timothy 0 741-0034 1 vs1LWB yi Z 4*011ben Ann O 777-8630 57 Machado Amade 5322247 10*Levine Robt O 741-2203 ' o W 5 Phillipa Bruce W 0 7747499 *Vencor Joseph 6323938 ll*Clarke Ellen H O 741-0716 C3 m 7 Riley Thos E 0 777-0634 58 Walsh Johanna M Mn 0 691-4424 12*Appleman Melvin O 74489M Q U '0 755 Pierce David S 62 Callahan Leonard A 631.6989 13*Jona Wayne C O 7413378 8 Amnott Lydia Mrs 0 7744370 *Dempsey Wayne 14*TMeht David M O 7M-2127 % Skinner Bruce L 0 774.4031 Lovasco Salvatore 531.7838 15*Tnpolsky Howard A O 7414428 Iii 'a ' 9 Toomey John L 0 7743862 18*Folgar Phillip O 741-4782, -'aT- = 2i 3 G W 10 lartelh Richd J 7748216 84 17*Daly John E O -•, Q wad' 11 Velnotte Wilma R Mrs O 7741950 PERKING INTERSECTS 18*Swhu Cleo J O 7440881- A O 'Y' N 12*Pumley Michl 0 777.7282 88 Dnxroil Robt E O 6918779 19*Nymu Bent 0 741-2479 to d' 14 Bellamy John F O 7747134 87 Katcher Rubin 631-0644 20 Vacant ' H 4 15 Lucler Bernard L O 774 i 2471 DuDenise K Mn 532 0828 43944 21*Faldmik Mark O 748 =0W 4. d' 18 Nguyen Tuong L 0 7742622 *Carbone David 6329037 50 Apartments ---— er n 17*K(ngaley Geo 9 O 7744820 69 Sathoulopoulce Andrew 6921861 101 Vacant 9 3 SCHOOL INTERSECTS S 0 TB *Golden Daniel J 531.6428 103 Vacant y SCHOOL LININS 70*DI Thomas Dave A 977-9690 106*MRlmed Robt 741-2173TRASK Q COTTAGE GI ENDS Mugford Francis M 531-9827 107*Sogoloff Hyman ;,�,� . Z m 71 Mc Mahon Don D 0 531-7467 309*Femolare Edw 25 Rand Norman W Jr 7748017 ,A N 72 RANKMartelThos w O 113 Vacant Freda 7488987 28 Gauthier Mark 7747479 FRANKLIN 8T CT BEGINS 113 Vacant(S Apa 113117) -� m *Pepper Paul C 774-4611 .( N 73 *Rebhan Thos C 61.42523 118*8evinorldma H ris L 81 � a 29 Eichholz Mary J Mn 7748278 *Rebhan Ayss 531.4282 201*Ooldman Hurls L 744-2334 e Eichholz Tim *Le Blanc Wendy,53146M 202*Bufalino Reymond 7446937 m CENTRAL AV INTERSECTS 74 Wilkins Marg: M Mrs O 531.4708 203*Burke Marian .' o CONANT INTERSECT8 Lane John M 6321997 204 Vacant i 40 Town & Country CoUfures beauty shop 76AWallace Janice 532.4163 205*Levitch Seymour 7447190 7749342 *Shepeluk Welsey 692.6903 208 Vacant ��.. J F m W THE PELLETIER AND MILBURY CORP. 0 , rt GENERAL CONTRACTORS - UTILITY CONTRACTORS - SITE DEVELOPMENT - EQUIPMENT RENTALS 128 Water Street PHONES: 114-9299 is NIGHTS. HOLIDAYS - 774-0755 Danvers, Mast. ' , x PAUL K SOUCY, C P C U vd�l-U PRES IDENT ref IIII" I -144411&17: T Faz741ss� "� ,a e` 3*INSURANCE SIN'GR s ; :201 WASNOIBTON ST, P.kBOX 4483 : t t'4 ','; t `'SALEM ;YA 01910 6481 'r.A .1NSU r t RANCE -,N_r��,(.� y"-'�"�„rys-''.w,r :... _ `�aA.trsit+nT ++ .r ,FOKWOOD CB 077-Coaks4 4(.s+ y.p Rev N 8;A Auto Repalm 7468100 40.Fader 8tman'87L1ffi2 .. `._;, 604401 No Return CZ Hes) 7 18 Ferris Auto Service used auto parte 'i David O 6ffi376q boa Wagner,] M O 6668776.. k�54d i '.-rJ=7441ezr a,-s�dYlk` "; + ..,*;a'$ ,_, 46►vwra Joao-A a 6728857 ' Y di'.•^ 8113 No Return 1,§I 4,., js 88 Arnold 014644116,d=n Ta' .r"t *r''i 50.Amutrong:fieo P,6 6613f]gr,; ,d 804 Cole Wm IYa 6860166 a ff!FuB Ompet Chapel 74607/4 •-.*+ rG 81 Dionne NelW. son L Jr O �+. . 806806.No Return 498.. y 'r ' + e'llabineon AK4 H Rev 7460274w, s ,a.58.Jonee.Robt R J 0 68•L8a16 ` g y x "*i ,k''F08'f0i E7ID8 j ' »sA p `'. , 55 Landeee James E O 531488L G 702 NBbury Thos V e 6860869 1 agp..Olauldn rte o,.s%�. ,ASS ai v%l 68 708 Peds Erwin O 6369081- +I , '+. 98ttOsdon Paul E e. 4488'47 i ,.Buckley.Dorothy N HO 0 J () ryej 704 WIIBaoe Ronald M e6962/29 r 96'Olunts. 7 G.. ..� r pa 67,,Ferreira LerryO0i744-7663 i -i1,+ y, F.Conemntlro 705 No RectumJ4•yv tit 8741D No Return(2 Haee)s «k F+e=.,5t' y r:tttopd 0-� � 706 Sherman Soloman 6669069 k x��s�r+�' 'BAYWARD ENDS r 41 audemir'Walk ,+1v.,� i �.5'.� '7*58 Welsh Johanna M Gem Ogot 671' C✓. SM Jenkis David 5368641 :.1 ^ �13r '45 QtBmi Wada a 7467088ffiy�sfi�Leonard A 6318989 n'. U 8113 Dhalvo Robe Stu wa' y v vcJ�s`46'Nb Rtuun d 9 w&f'Ai a" 3 7078,;%N t>.., s k #8 9¢i d] 804 TrlenWlllou Mdmw C'teal est set a ;,45 47 Ams-Randal D f 7469819 ' " .~',r, KIN8 RiTER9ECf5 .Ity�y 6860868; .v5 s 9rRtr l ^at,j `5 61 FeerisERabeth,Mrs�OI „W � 6jt.«.gkw> 88.Drisro6 Rabt E O 881677D F V «a 901 Rockwell Thorns H 6%4098 F,p OpORNE ENDS +`.• k` Y ,_-,: 87.Katcher Rubin 8918674 g 802 Keeeel Beverly T O 6964640 )+J3'S t 7 0$Ct7ARD BEOMB Y�* W j' 'Carbons.Devid 8329057 9ffiR8mith Robt53541ffi t ,.,,,' 4' t"dt rte.. ,,._ 4..w. L9�Btethoulopoidos Andrew 652196 F-1 ,S '. 801 Krugman.Nathan 6362881 ! f-),k62 y'ork. • NeS,e'x^Np, mx' "ver. `r57:,;H mss''88 "RBmuavetgm Fronk M Jr 9T! a 1001 Na Return '�2 t" a^xP•�#,"a PBANSLDF 83'QDANVSBBj IBpM(41 70 No Return 2 3002*Keeger Kathy Sr ',".;'74t.ua 11,n S.,t'^%: °POPLAR SOUTHEAST TO DO CONANT -,q,llugford Fends M 6E3� 1008 Ooudreau M Mm O 686980E t.a.-5 Y• ,tu « M s. s i '}" e Dorothy R Y r te a( 71 Mc Mahon Don D e 6317467 . ]004tKlah"drew 6864872 r T�.WyraF"g 7..-ZR'CDDE 01ffi8 ?'�fft A fp r; a ,'72-Demooher . - 1101wG1ilen Thos 6567288 a t hfii t . 8l8ushD1attM L 9777,8718 ',L01 FRANKLIN 3f Cy BEGINS Er 1102tlQoadman Herbst 6968Dffi ✓4' + 4 No Returns x,0$4 .s4'q d }+}7 '-' ' ?78tvRomero Lydia 871-2848 w 11021107 No Return(a Hsa) . r r ,„1;6f9aondms Kim V e;777-0868 rY: r,:79a Fapalllat Clladye G e� 1106R11pector Joseph i 7 Riley Thus E O 77746th ; r E..78b Rebbani Ayes 6314262 'a 1108 Epstein Ralph R O 696-0006 +a`s 7% Pierce David 8 a. 'a f 1, ,7 t ;.78carNalbandien E 6314888 ' 1201 Molln Donald O O 8861108 8:Amnott Lydia 610 0'7!4887)i 8 4�' 74 WWdne Altrgt:M Mn O 65147.06 1 3 e 1202 No Return &, � .k 0 rk1;.Bruce L10 7744091 Wit' �a)� O'414a Lane John M 6321997 t� 1208.Ctan.Edmund V 6865dSs �• '9., ,. B LTd=Wy,John L 0 7744862 a,A .. . e;•'4 76*Ffr T,a - $ 18D1 No Rehun. ~N+ .9 a A k8h «t*g'-3:104annifeN RIchd F0-?746218 --:}{t''gni , 7W 1 rR 1901 Ookbahr Morels O 6860701 ;o t M*11.Veiratle Wil on R Nle O 7741960 m 78AI4inslatt DlRiu L 6828800ft ' 1809 No Return' t'- 5A';A 4+,,4 {t��t yea div 19'.Puesle'y M1dd O O'7777289y ttf'a"''t' `^/�„78a NOLs John:11 O BS26B18 as 18US'Saunders Wm C 6960717 '"Y rn07y, 14'Bmainy JoM 1+'Oi 7747134 , :".l`« t4 .98.Apamlos Idergt A O >' _ 1801 Russell John Fe6964146 „y, y 16_No Rehtrt4,t,. 4:,,;:3,! rn, �� , 'SO?Vesnt'wv:;7�ay wcl�y. r 14011404 No Return (4 Hss) u i s �?'f"A 18;_Ngugen Ttton9 t�:774ffi28 a• s y£'80aArltrLerRdruld O a 17 O e7 ileo B E 774492D '� BOb O A[! 0eculc 3 ' 6 SCHOOL INTE98E619 fa A. .a�ax♦Bernud a + FRANCIS$D-P&)M>a iACS80N TO. TRASK BEGINS§ y{"'I*�nt° u'4"'tw7+v?81fFarmll Re 6514988;= BBRTUCCIO AV* n ).7x 7 •S ^"v't r`iODTTAOE AV ENDS vt "w „r*'), ffi Verset . 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'77708 4�11 Osudette Robs 44.0 7447072w 91KOr� 12 Michaud Gilbert J O 7449828 fit +fl«° m <r„y,d h,p y Fn^,a.P?i# , l i'L 65 OSCIUBKO IN7'ER8F.C7'8''y ffi' an 19 V09W Russell 0;0 7447986 WEABODTHFROM 67 Am 3! m 14 Bonaluto AE Mre O 7448976 7 s=•'Jy,.�FOSI'ES NORTHWEST TO 4 t HRANIQ,IV STREET CT Cs 16 Kilduff Erin a pf w ?A '9 "_`4r=l dam '.•• ^FBOM 72 FRANKLIN TO'A.D = 18 Kerkorian 8am1 A O 7460608 .F'�- is J ) .a .1., 1( r7, 4 : ... ' a 17 Shoh AK V 0 7454216 e `7 ' ”` E@ CODE 01900 cpl. ' 4e 18 Dube Robs H 0 74618"- ' s f 9 Vacant: .x :ZIP CODE 01980 Dube Robs H O 74618" 6 f 9 Vacant z 2fP CODE 01980 '"(r —y v ,. tt ' 4 w to 9.Kohut Ric d A O 1D No Rerun r"- .,,�+,� B&KRR ~ 9MElouche Sahm•74501021' 'tsS'i3O"' .`,`CFDBfHUT B77BR8ECi'8 eh�"' "-,E�e;9foreland.John C 0 = ? 21 Morenry lawrenca J 0 7447440 w,4 -14lIAaR Berhva BT749ffi +' • ;:' ° 7 Hlneh Robt W O 22 LTieureua OAIe W O 7460888 r 4t *, _+,j p�ggg,gggg w �7=�,,rik4,{ b. . r 23srMercturlo'Ronald-9 t?h 10.0A X �' IN 6824ffiB� "^" .1'�4a rrNl)EAD END v'y. 'Jct: 4�9 24 Sutton Frank A e 7488,906 ''r"MJ+. }r`a 16 Mogaver F��A"O 6924014 �' ° a ec..,;d 3w }R' '1 O ,; BB Bimbo Nick O O 746.1068 5a',xT*a� ;s 17',Chteo-Wm W e 6A84685 i f+ '„y yrFHBD881CH ST FROM 7 BBLL$ .;At O x2D EIW Anne L691-8860 "4ti' -V- rir AV EAST TO,A DRAD'SND�`'� O « °%'++• r 4A 2Dn Plomondon Rita If Ms 0531.9067 FRANKLIN CT FROM FRANKLIN ST ' "21,PtIce Tho E 5R M89 J A., c'4" '� 4 .21P CODE 01970'" wr A -A g an NORTHWEST To FOSTER ffr t o++�88fLopto John F 6920416 7 # * t y' w r . Me Cac 'd b� ' ""' WA10 hcmrt Pine a 741arre r e sty .fs'` '{ 5 eights School 7469000 ZIP CODE O1B70 ,-'r, a • a .'^ ! H �'Hut.uMmt Btrbes�0 6910914aJ 'r+,7 .cvXt i 4; DEAD ENDv. vt• "t' '._Th')�" Mad: t�v a�w ;� -' • _ MA 25% Odderoe,Jeffrey r rV B y FRANKLIN BT-FROM 89 NORTH 8T TO 26 Orta John,I)0:531-0971.t ,FRBBDOM HALLOW SI'-FROM L0E11 11 4 14 MOULTON-AV •,t`L ArBearte 14 =• n a 1111,118 AV IN-A CtR '" 'M ,. y'27 Clarets Jams O 5814018 r'w _.r y 'lf¢r-wt *C:.:,S'1'n. ,- *" 'Btev. ,s ZIP CODE 019711 So No Return k^&r.:5'+r '^- `"¢ 4' B 4 Andrews H M Auto Sales 7447159 _ ffi John A Jr O 8324 U s a. ZIP CODE on 0 rt . Coming « _.R.�.1 Black Burton 0 740 745- `w1 y � 7 Jefferson Btvstte Co Nc 744.1474 "' -88 lluner Rkhd 691-7781 *.;';� - � 2Vetmon Rnhier'H 0 7468082 an 8 Vacant .. `:.' " .SEAMOUNT RD BEGINS 5 1y:3 NIDer Stephen J O 7463696 ' 0 9 Ideal Transmissions Inc auto repro 7448960 SCHOOL ENDS . '4*Dlueont Colleen A 0 7448189 10 Fred's Boat Shop i' 'Nor x m p(Inc 745- 87'Teonie]Rohl A R 5 1-077 1501 ,,-e.,6 Brown Merck O 7446914 de, ,r 11 Fera Tea Supply Inc 7467810 -89 Buckley Rohl T.O 6914077 ,��T_ s`6.Diemont 1214 Vacant(2 Has) 408406 No Return(2 Hees) 7 Sonigen Ruth 7441546 r AIN Q �.16.Healy John T 0-7444866 - 42 Harkins Elie V Mrs O 5314412 .8 Popovsky Andmn O 7464781 Kenn Lemelin Dorothy - 48 Ring Kenneth R-Jr a 672-9717 � 9 Gabe Timothy 0 741-MM 17 K A C Auto Body 7444986 - - 41 No Return * » - '10 Bettermen c z ®($�V 247 NEWBUR7 SL,R7L 1 r - PEABOOT,MA 01980 `y m R( ($ t4tINWgRM trw ' ` r �VEC� � .. a (508)535.3200.' - . e , h' (617)862-2040(From Boston) -c ie DIESEL TRUCK _ Noma(401)730.9121 pESTE SMR - .,- "" _.