The URL can be used to link to this page

14 FRANKLIN STREET - BUILDING INSPECTION / i FRahKf n Jtr.�� C M r DALY & DALY ATTORNEYS AT LAW 32 CHURCH STREET SALEM, MASSACHUSETTS 01970 KEVIN T. DALY TELEPHONE 15061 745-0500 OF COUNSEL MARGARET DALY CRATEAU FAX 15081 745-6606 RICHARD E. DALY October 31, 1996 Attorney Keith W. Kauppila One Winthrop Square Boston, MA 02110 RE: Burnham, et al vs. City of Salem, et al Essex Suoerior Court No. 96-2188B Dear Mr. Kauppila: Relative to the above-named case, for approximately eleven months the city building inspector has requested that your client provide him with floor plans indicating that the primary use of 14=Eranklin.Street will be as an office building. The plans submitted by your client on June 11, 1996 were insufficient for this and despite the building inspector' s request for additional drawings, your client has not complied. At the hearing in Superior Court on October 30, 1996, it was stated that your client fully intends to comply and will be able to establish the principle use of the building for professional offices . Accordingly, it is requested that your client comply with this promptly. The City of Salem has exercised substantial good faith over the last eleven months but now your client must comply with the request of the building inspector. As was stated in Superior Court, it has been observed that your client is already occupying the building without the necessary permit . If interior floor plans and drawings are not delivered to the building inspector within a reasonable time, the necessary procedures allowed by law will be taken. Thank you for your attention to this matter. Very truly yours, KEVIN T. DALY KTD/km cc: Leo E. Tremblay Y J W T 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 August 30, 2000 Mr. Peter Strout Building Inspector HAND DELIVERED City of Salem Salem, MA 01970 RE: 14 Franklin Street Dear Peter, Please find enclosed a copy of the Agreement For Judgment which Mr. Burnham' s attorney and myself have negotiated and executed. The terms of this Agreement are now a binding court judgment and punishable by contempt if disobeyed. Please note the terms of the restricted occupancy permit as stated in paragraph 2 . The occupancy permit which you granted should reflect this exact language and if it does not, you should re-issue it . Thank you for your attention. Very truly yours, KEVIN T . DALY KTD/tcd Enclosure LIMIT OF LIABILITY,Submirill any film,print,slide or negated m this firm for processing,pending or other handling constitutes an AGREEMENT by you Nat any,damages or loss by our company,subsidiary or agents..even though due m the negligence,Other fault of our compengsubsidiary tin agents,will only entitle you to replacement with a like amount of ar e,maed Min and processing.Except for such replacement, the acceptance Of the film,print,slide or negebve is without other warranty or liability,and recovery for any incidental or cansequereal damages is excluded. G OO daft 1�0 Y A L PROCESSING Qlp 0 On I '► 'bJ'36 COLOR PRINT aB9Y OMaTTE FILM DEVELOPING ANpARO, STANDARD 3" PRI S 0 EACH �2 EACH OTHER QTY. JUMBO 4" PRINT EACH �2 EACH OTHER QTY. PRO 5" PRINTS 1 EACH �2 EACH OTHER QTY. I ADVANCED I PHOTO SYSTEM FROM ADVANCED PHOTO SYSTEM ENTER CASSETTE ID# FILM FORMAT ONLY. 4' GLOSSY PRINTS ONLY. OTHER SERVICES STER PRINTS O REPRINTS 0ENLARGEMENTS®PRINDSAMIC (--)POTS OFROM SLIDES O E6 SLIDES O KODACBACK COPY NEG/ SLIDESH ROME ®&L LWHITE O DUPE SLIDE O PHOTO FILE O PIC URE DISK AK O CD For iusthe.® WINDOWS'^' O MAC O OTHER OVIDEO PHOTO OTHER TRANSFER O RESTORATION OGREOETIING CARDS OSERV CES OO PHOTO PHOTO T-S�TRTS OMOUSE PADS OMUGS SPECIAL INSTRUCTIONS 00 NOT WRITE BELOW THIS LINE © ESSEX CAMERA SHOP 111571 286 Essex Street BOS 06-0057 508-744-58351970 LAST INITIAL ri d LAST. FIR T NAME ADDRESS PHONE DATE 4 t va g i qqpq w,a' p �u+ 1C: t C 1 1 1 5 7 1 C 060057 , _ . . . . &\ y /© �+ OPAL ,-ocn.I r - - \�f\ Reprints or Prints From Slides ❑Glossy ` Do Not Cut Negatives•Be Sum You Have Cbosen 7be Correct Negative Number ❑Matte Neg. Q1Y Size Neg.#/ Qry Size Neg.°/ Qry Sim Neg.#/ Qty Size Neg.#/ Qry Size Slide Slide Slide Slide Slide 0 8 16 24 32 OA 8A 16A 24A: 32A 1 9 17 25 33 IA 9A 17A 25A 33A 2 10 18 26 34 2A 10A 18A 26A 34A 3 11 19 27 35 3A 11A 19A 27A 35A 4 12 20 28 36 4A 12A 20A 28A 36A 5 13 21 29 37 5A 13A 21A 29A 37A 6 14 22 30 38 6A 14A 22A 30A 38A 7 15 23 31 39 7A 15A I 23A 31A 139A KPL-R LLIVLO N N � o LU C a 9 a a l a z W .— • Please do not cut negatives • One size negative per order • No duplicate neg. or slide# . a • � • ® • o � s ® ® ® . ® ® ®_s ® • ® ® • • ® ® ® • ® ® • ® ® ® e ® • ® ® ® • • ® • ® e • � • � e ® ® � ® ■ � • ® s ® • ® ■ ® ® ® ® e . � . • ® • ® ® ® ® ® ® e ® ® ® ® ® ® • ® • ® ® ® � ® • ® ■ . � ® s ® ® ® • ® ® ® ® ® ® ® ® ® ® ® ® ® ■ � '• e�Aj - ,et� cAd4t,4LIK- COMMONWEALTH OF MASSACHUSETTS Essex, ss . TRIAL COURT SUPERIOR COURT DEPARTMENT CIVIL NO. 96-2188B ) CRAIG C. BURNHAM, TRUSTEE, et al. , ) Plaintiffs ) ) VS . ) CITY OF SALEM, et al. , ) Defendants ) AGREEMENT FOR JUDGMENT Judgment in the above-referenced action shall enter upon the following terms and conditions : 1 . Plaintiffs shall not use or occupy or allow the use or occupancy of the warehouse portion of the building at 14 Franklin Street, Salem Massachusetts, pending final determination of the Land Court in case no. 238654. 2 . Plaintiffs shall be given a restricted occupancy permit to use the first and second floors of the front portion only of said building for office and related accessory use only, subject to the additional conditions stated herein, ePALnq Lo_^61 Q -r4 3r Ca,�a Yeo, xC'52(OS4 _ Al< 1<�� cJ 3 . Plaintiffs shall be allowed water and sewer service to said building, subject to the standard permitting practices and procedures. 4 . Plaintiffs must complete all additional work to said building as required by local and state inspectors . The inspectors shall not unreasonably delay or withhold approvals . 5. The second floor of said building is not to be occupied until the completion of the exterior stairway to the satisfaction of the city building inspector. 6. At the Plaintiff' s expense, the city building inspector shall padlock the rear overhead door of said building. The keys 1 C�� om" � ��` c�,��( �- /� � �� /�7� �ti � � �� 4/23/80 Bob Gauthier, Dave Goggin & Chief Brennan visited 14 Franklin St.---Fire Dept, will send notice to clean premises within 7 days. n9i ✓]SENDER; Complete hems 1,9,and 3. '* Add Your addreaa In the"RETURN TO"space an e inverse. 1. The following serviee is requested(check one.) ffkhow to whom and date delivered............. 604t ® Show to whom,date and address of delivery.—<t 'm 0 RESTRICTED DELIVERY �? Show to whom and date"delivered............—a ❑ RESTRICTED DELIVERY.. Show to whom,date,and address of delivery.$__ (CONSULT POST&ASTER FOR FEES) 1 ARTICLE ADDRESSED To:- Linsky Construction t C 14 Franklin St. i s z Salem, MA a _ {mj 3. ARTICLE DESCRIPTION: m REGISTEREDNO. CERTIFIEDNO, INSURED N.^.. 0024594 a III 2 (Always of tam signature of addressee Or agent) m I have received the article desen ed above. m StGNATVRE C]Addrevm NoriYedegeht a z r � , C 4. — DATE OF DE R = RK A CC Y V S. ADDRESS ICamPleasretry N ra'uase[d1 Jam S sl H T M 8. UNADLE TO OELIV FABECAUSE: CLERK'S gp INITIALS D *GPO:taTa3¢ada9 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS PENALTY FOR PRIVATE SENDER INSTRUCTIONS USE TO AVOID PAYMENT Print your name,address,and ZIP Cade in the span balm. OF POSTAGE,s300 Ya • Complete items 1,2,and 3 an the reverse. • Attach to front of article if span permits, otherwise affix to heck of article. • Endorse article"Return Receipt Requested" edjannt to number. RETURN TO City of Salem, Building Department (Narm of Sender) One Salem Green (Street or P.O.Bax) Salem, MA 01970 (City,State,and ZIP Code) UNITED STATES POSTAL SERVICE Official Business - PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE,$300 Print your name, address and ZIP Code here • Salem Building Department One Salem Green Salem, Mass. 01970 * n. o SENDER:- . y • Complete items 1 and/or 2 for additional services. I also wish t0 receive the N • Complete items 3,and 4a&b. following services (for an extra U • Print your name and address on the reverse of this form so that we can fee): .2 N return this card to you. y • Attach this form to the front of the mailpiece,or on the back if space 1. ElAddressee's Address N does not permit. C • Write"Return Receipt Requested"on the maillpiece below the article number. 2. 71 Restricted Delivery •d • The Return Receipt will show to whom the article was delivered and the date O e delivered. Consult postmaster for fee. m m 3. Article Addressed to: 4a. Article Number 2 m e d P 091 156 406 9 a 4b. Service Type ~ E Burnham Associates, Inc. El Registered E) Insured °C 26 Dearborn Street rn y El Certified ❑ COD 5 y Salem, Mass. 01970 Return Receipt w El Express Mail t for❑ P ¢ Merc andise 7. Date of Deliver. w TTEN: Craig Burnham r Q 1 /1 0 ature (Ad a 8. Addressee's Address (Only if requested Y and fee is paid) H � t p� ignature ( gen 7 aPS Form 3811, December 1991 *U.S.GPO:1ss2-323-402 DOMESTIC RETURN RECEIPT • ARTICLE li _ P 921 991 840 "NE 1• Burnham Associates NUMBER 26 Dearborn Avenue i S81em. Mass. 01970 F � r t FOLD AT PERFORATION t WALZ j • INSERT IN STANDARD#10 WINDOW ENVELOPE. ( E I T I F I E D 'r In p M A I I. E H PosTAGE POSTMARK 08 DATE or RETURN SHOW TO WHOM,DATE AND RESTRICTED / w RECEIPT ADDRESS OF DEINERY DEINERY CERDFIED FEE+RETURN RECEIPT �J SERVICE w N O TOTAL POSTAGE AND FEES Z w NO RAN OOVEMGE PROVIDED- wED ' SENT TO: ED NOT FOR INTERNATIONAL MAIL LLallr OQ Burnham Associates e ' 26 Dearborn Avenue Lill a SE1em, Mase. 01370 r$ N.. F F .. P'. w qy W- t J S I~,1j PS FORM 3800 - z RECEIPT FOR CERTIFIED MAIL t' a. owsEo FMC rose ssMCE f y _ i STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address of the article,leaving the receipt attached,and present the article at a past office service window or hand it to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address , of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified-mail number and your name and address on a return , receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return J receipt is requested,check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. SSNAER: complete items t and/or 2 for additional services. I also wish to receive the • complete items 3,and 4a a b. following services(for an extra fee): • Print.your name and address on the reverse of this form so that we can return this card You 1. ❑ Addressee's Address Attach this form to the front of the mailpiece,or on the back if space does not permit. • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery • The ReWra Receipt Fee will P.M.Y.the signature of the person delivered to and the care of deliver . Consult postmaster for fee. 3.Article Addressed to: 4a.Article Number du .1Pt, 0 Assuc;a.._< P 921 991 840 111 ilt 4b.Service Type CERTIFIED 7.Date of Delivery 5.Signature—(Addressee) - 8.Addres ee's Addi (ONLY if requested and fee paid.) 6.Signa ure—(Ag t) • PS Form 3811,November 1990 DOMESTIC RETURN RECEIPT United States Postal Service II I I ES*, f Official Business _�„�.--^--- � n p'! OCT PENALTY FOR PRIVATE USE,$300 Ill��u�lll�lul�ulllu��ll�l�ul��l�l�lu�l��ll INSPECTOR OF BUILDINGS ONE SALEM GREEN SALEM MA 01970-3724 shall be kept in the possession of the building inspector, but the locks shall be installed on the interior so as to prevent possible. access by anyone other than the Plaintiffs. 7 . The fire code violations cited by the state fire marshall' s office to the Plaintiffs by letter dated October 21, 1999 must be corrected and satisfactorily inspected. 8 . All relevant city and state inspectors will have the right to inspect said premises without notice to the Plaintiffs to ensure compliance. The Plaintiffs and the Plaintiffs agents, servants . or employees shall not deny access for any such inspections. 9. Violations of the preceding terms and conditions shall be punishable by Contempt. Craig C. Burnham, Trustee, et al. City of Salem, et al . By Their Attorney, By Their Attorney, KEIT W. KAUPPI A, ESQUIRE EVIN T. DALY, ESQ BBO# 542086 BBO# 113120 29 Commonwealth Avenue 32 Church Street Boston, MA 02116 Salem, MA 019701 (617) 262-8334 (978) 745-0500 Dated: 2 r ,( A61 7�s �a o 9 C " 0 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 June 22, 2000 Attorney Keith W. Kauppila 29 Commonwealth Avenue, Suite 906 Boston, MA 02116 RE: Burnham et . al . v. City of Salem, et . al . Land Court Case No. 238659 Dear Mr. Kauppila: If the following conditions are met, Mr. Burnham will receive a restricted occupancy permit to use the first and second floors of the front portion of his building for office and related accessory uses . All of the work to be performed must meet state and local codes and receive final inspections from the necessary officers . 1 . The outside stairway as depicted on Mr. Burnham' s plans must be completed. 2 . The doorway serving as a balcony on the second floor overlooking the warehouse must be brought up to code . 3 . The garage-like opening from the first floor office into the warehouse must be closed and a satisfactory door installed either at that location or in proximity. D4 . Theinterior stairway leading from the second floor �/ office must be enclosed in a corridor leading to the first floor office. This will separate this means of egress from the warehouse. Alternatively, the doorway from the second floor office to the stairway should be actively alarmed to be used as an emergency exit with the primary entrance being the outside stairway to be constructed. w 5 . At Mr. Burnham' s expense, the City will padlock both overhead doors as well as the rear door. A total of three doors will be padlocked and the keys will be kept by the building inspector. 6. All ancillary items such as exit lights, etc. are to be completed to the satisfaction of the inspecting officers . 7 . Any inspections which have not of record already been completed must be completed. 8 . The fire code violations cited by the state fire marshall to Mr. Burnham in his letter of October 21, 1999 must be corrected and satisfactorily inspected. 9. The electrical code violations cited by the city electrician to Mr. Burnham in his letter of September 28, 1999 must be corrected and satisfactorily inspected. 10 . All relevant city and state inspectors will have the right to inspect the premises without notice to ensure compliance. Mr. Burnham and his agents, servants or employees will not deny access for any such inspections. Although this list seems extensive, it really is not. The office portion of the building must be brought up to code and we must feel certain that Mr. Burnham is unable to utilize the warehouse portion of his building. I look forward to discussing these issues with you. Thank you for your attention. Very truly yours, KEVIN T. DALY KTD/tcd CC: Peter Strout Attorney William Lundregan DALV & DALV 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 CHATEAU August 29, 1995 Keith Kauppila, Esq. One Winthrop Square Boston, MA 02110 Re: 14 Franklin Street Dear Attorney Kauppila: On Monday, August 28, 1995, I was notified by the City of Salem as to additional violations by your client, Mr. Burnham relative to his occupancy of 14 Franklin Street. Upon viewing the property, which was also witnessed by other City employees, it was seen that Mr. Burnham is again in violation of the Order of Judge Kilborn as well as numerous other ordinances and statutes . Not only will I now commence the appropriate action in Land Court against Mr. Burnham, but the various City Departments will begin enforcement pursuant to the j recently enacted ordinance allowing Department Heads to ticket violators directly. In reviewing my file, this new violation is the fourth such incident which I have notified you of, not including other instances which you and I did not correspond over. On August 28, 1995, Mr. Burnham's equipment was at least two-thirds across the North River which not only is a zoning violation, but also a violation of Harbormaster and Conservation Commission rules and regulations . As you may know, Mr. Burnham has recently applied for a building permit for his property and this will not be issued while he is in violation of zoning ordinances . It is apparent that Mr. Burnham has no intention of obeying Judge Kilborn' s Orders and therefore the City shall enforce all ordinances, rules and regulations as it is entitled to do. Thank you for your attention. Very truly yours, KEVIN T. DALY J� \keg cc: Mayor Neil J. Harrington City Planning Department City Building Inspector City Harbormaster { Conservation Commission Jill Provencal, D.E.P. Robert Ledoux, Esquire \082995 JOHN D. KEENAN CITY SOLICITOR Jae C'A W 222 ESSEX STREET, SALEM, MA 01970 TELEPHONE (978) 741-4453 • FAX (978) 740-0072 'v4� v1 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT ESSEX, ss. MISCELLANEOUS CASE NO. 238654 CRAIG C. BURNHAM, TRUSTEE OF THE ) FRANKLIN STREET REALTY TRUST and ) BURNHAM ASSOCIATES, INC., ) Plaintiffs ) V. ) CITY OF SALEM, ET AL. ) Defendants ) AGREEMENT FOR JUDGMENT Judgment in the above referenced action shall enter upon the following terms and conditions: 1.) Defendants shall deliver to Plaintiffs a full occupancy permit for use of the entire building at 14 Franklin Street, Salem, Massachusetts, consistent with the restrictions described herein. The full occupany permit shall remain in full force and effect so long as ownership of the building remains with the Franklin Street Realty Trust and use of the building remains with Burnham Associates, Inc. and/or Craig C. Burnham. The full occupancy permit shall not be transferred or assigned. 2.) Plaintiffs shall not use the overhead door at the rear (River facing) side of the building for access by large, earth moving or industrial equipment, nor equipment used in conjunction with the marine industrial non-conforming use currently in place. The building may be used for Salem Zoning Ordinance District B-5 permitted uses, light storage related to the marine industrial use, and storage/operation related to Tornado Tube distribution. The foregoing allows the use of forklifts or other light equipment used in the movement of goods and supplies stored in the warehouse section of the building. 3.) The property currently contains four 20' storage containers and one 40' storage container. The contents of two of the 20' containers and the 40' container shall be removed to the warehouse portion of the building and the (three) empty containers shall be removed from the property. Two 20' containers shall be allowed to remain on the premises positioned and used in accordance with the Salem Zoning Ordinance. PLAINTIFFS, DEFENDANTS, By its attorney, f2Essex ttomey, Keit W. Kauppila B 542086 Keenan, BBO 561573 29 ommonwealt Avenue ity Solicitor Suite 906 Street Boston, MA 02116 MA01970 Tel. 617.262.8334 .741 .4453 Dated: June 27, 2001 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIORCOURT C.A. NO. 97-993 B CRAIG C. BURNHAM, TRUSTEE OF THE ) FRANKLIN STREET REALTY TRUST and ) BURNHAM ASSOCIATES, INC., ) Plaintiffs ) V. ) CITY OF SALEM, ET AL. ) Defendants ) AGREEMENT FOR JUDGMENT Judgment in the above referenced action shall enter upon the following terms and conditions: 1.) Defendants shall deliver to Plaintiffs a full occupancy permit for use of the entire building at 14 Franklin Street, Salem, Massachusetts, consistent with the restrictions described herein. The full occupany permit shall remain in full force and effect so long as ownership of the building remains with the Franklin Street Realty Trust and use of the building remains with Burnham Associates, Inc. and/or Craig C. Burnham. The full occupancy permit shall not be transferred or assigned. 2.) Plaintiffs shall not use the overhead door at the rear (River facing) side of the building for access by large, earth moving or industrial equipment, nor equipment used in conjunction with the marine industrial non-conforming use currently in place. The building may be used for Salem Zoning Ordinance District B-5 permitted uses, light storage related to the marine industrial use, and storage/operation related to Tornado Tube distribution. The foregoing allows the use of forklifts or other light equipment used in the movement of goods and supplies stored in the warehouse section of the building. 3.) The property currently contains four 20' storage containers and one 40' storage container. The contents of two of the 20' containers and the 40' container shall be removed to the warehouse portion of the building and the (three) empty containers shall be removed from the property. Two 20' containers shall be allowed to remain on the premises positioned and used in accordance with the Salem Zoning Ordinance. PLAINTIFFS, DEFENDANTS, By its attomeey,, fEssex mey, Keith . Kauppila 542086 eenan, BBO 561573 29 C�mmonwealt Avenue Solicitor Suite 906 Street Boston, MA 02116 A 01970 Tel. 617.262.8334 41.4453 Dated: June 27, 2001 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT ESSEX, ss. MISCELLANEOUS CASE NO. 238654 CRAIG C. BURNHAM, TRUSTEE OF THE ) FRANKLIN STREET REALTY TRUST and ) BURNHAM ASSOCIATES, INC., ) Plaintiffs ) V. ) CITY OF SALEM, ET AL. ) Defendants ) AGREEMENT FOR JUDGMENT Judgment in the above referenced action shall enter upon the following terms and conditions: 1.) Defendants shall deliver to Plaintiffs a full occupancy permit for use of the entire buiiding at' 14 Franklin Street, Salem, Massachusetts, consistent with the restrictions described herein. The full occupany permit shall remain in full force and effect so long as ownership of the building remains with the Franklin Street Realty Trust and use of the building remains with Burnham Associates, Inc. and/or Craig C. Burnham. The full occupancy permit shall not be transferred or assigned. 2.) Plaintiffs shall not use the overhead door at the rear (River facing) side of the building for access by large, earth moving or industrial equipment, nor equipment used in conjunction with the marine industrial non-conforming use currently in place. The building may be used for Salem Zoning Ordinance District B-5 permitted uses, light storage related to the marine industrial use, and storage/operation related to Tornado Tube distribution. The foregoing allows the use of forklifts or other light equipment used in the movement of goods and supplies stored in the warehouse section of the building. 3.) The property currently contains four 20' storage containers and one 40' storage container. The contents of two of the 20' containers and the 40' container shall be removed to the warehouse portion of the building and the (three) empty containers shall be removed from the property. Two 20' containers shall be allowed to remain on the premises positioned and used in accordance with the Salem Zoning Ordinance. PLAINTIFFS, DEFENDANTS, By its attorney, f2Essex ttorney, Keith W. Kauppila, BBO 542086 Keenan, BBO 561573 29 Commonwealth Avenue ity Solicitor Suite 906 Street Boston, MA 02116 MA01970 Tel. 617.262.8334 .741.4453 Dated: June 27, 2001 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIORCOURT C.A. NO. 97-993 B CRAIG C. BURNHAM, TRUSTEE OF THE ) FRANKLIN STREET REALTY TRUST and ) BURNHAM ASSOCIATES, INC., ) Plaintiffs ) V. ) CITY OF SALEM, ET AL. ) Defendants ) AGREEMENT FOR JUDGMENT Judgment in the above referenced action shall enter upon the following terms and conditions: 1.) Defendants shall deliver to Plaintiffs a full occupancy permit for use of the entire building at 14 Franklin Street, Salem, Massachusetts, consistent with the restrictions described herein. The full occupany permit shall remain in full force and effect so long as ownership of the building remains with the Franklin Street Realty Trust and use of the building remains with Burnham Associates, Inc. and/or Craig C. Burnham. The full occupancy permit shall not be transferred or assigned. 2.) Plaintiffs shall not use the overhead door at the rear (River facing) side of the building for access by large, earth moving or industrial equipment, nor equipment used in conjunction with the marine industrial non-conforming use currently in place. The building may be used for Salem Zoning Ordinance District B-5 permitted uses, light storage related to the marine industrial use, and storage/operation related to Tornado Tube distribution. The foregoing allows the use of forklifts or other light equipment used in the movement of goods and supplies stored in the warehouse section of the building. 3.) The property currently contains four 20' storage containers and one 40' storage container. The contents of two of the 20' containers and the 40' container shall be removed to the warehouse portion of the building and the (three) empty containers shall be removed from the property. Two 20' containers shall be allowed to remain on the premises positioned and used in accordance with the Salem Zoning Ordinance. PLAINTIFFS, DEFENDANTS, By its attorney, f2Essex mey, Keith W. Kauppila, BBO 542086 eenan, BBO 561573 29 Commonwealth Avenue y Solicitor Suite 906 Street Boston, MA 02116 A 01970 Tel. 617.262.8334 41.4453 Dated: June 27, 2001 i CO IT ' COPY � i fg JOHN D. KEENAN CITY OF SALEM - MASSACHUSETTS JAMES G.GILBERT City Solicitor LEGAL DEPARTMENT Assistant City Solicitor 222 Essex Street 93 WASHINGTON STREET 15 Front Street Salem, MA 01970 SALEM, MASSACHUSETTS 01970 Salem, MA 01970 Tel: (978)741-4453 Fax: (978)740-0072 Tel: ((978 744)744--7676 0 Fax: (97860 Email:jdkeenanlaw@aol.com Email: gilbert@salemlawyer.com VIA FAX & FIRST CLASS MAIL: 617.262.8333 June 27, 2001 Keith W. Kauppila, Esq. 29 Commonwealth Avenue Suite 906 Boston, MA 02116 RE: Burnham & City of Salem Settlement Dear Keith: Finally, please find enclosed Agreements for Judgment to be filed in each case relating to the Franklin Street property. Procedurally, Attorney Daly has provided his withdrawal for each case. As City Solicitor, I have signed off on these agreements in accordance with my earlier appearance and discussion with the Board of Appeal. I have already discussed with the Building Inspector issuance of a full occupancy permit in accordance with this agreement. I believe he needs to do a final inspection. He makes himself available this week to do same. It has been a long journey, but well worth the effort. Thank you for your continued efforts in this matter. Very best regards, J n Keenan, C t Solicitor E OP-2001-0084 Building Permit No.: 06/27/01 Commonwealth of Massachusetts City of Salem BUILDING,ELECTRICAL&MECHANICAL PERMITS DEPARTMENT This is to Certify that the REAR STORAGE SPACE located at Dwelling Type 0014 FRANKLIN STREETin the CITY OF SALEM ------------ -------------- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY CONDITION FOR OCCUPANCY IN ACCORDANCE WITH LAND COURT JUDGEMENT DATED 6/27/01 (Case 1 238654) This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires ...........;.................... unless sooner suspen or revo Expiration Date Issued On:Wed Jun 27,2001 ----- - --------- - - ------ - GeoTMS®2001 Des Lauriers Municipal Solutions,Inc. ---------------`------------------------------------- M. J M. • FFFFFF $ JOHN D. KEENAN CITY OF SALEM - MASSACHUSETTS JAMES G.GILBERT City Solicitor LEGAL DEPARTMENT Assistant City Solicitor 222 Essex Street 93 WASHINGTON STREET 15 Front Street Salem, MA 01970 SALEM, MASSACHUSETTS 01970 Salem, MA 01970 Tel: (978)741-4453 Tel: (978)744-9800 Fax: (978)740-0072 Fax: (978)744-7660 Email:jdkeenanlaw@aol.com Email: gilbert@salemlawyer.com VIA FAX & FIRST CLASS MAIL 617.262.8333 January 19, 2001 Keith W. Kauppila, Esq. 29 Commonwealth Avenue Suite 906 Boston, MA 02116 RE: Burnham & City of Salem Settlement Dear Keith: I am following up on your correspondence of December 15, 2000 regarding the above captioned matter(s). I apologize for the delay as the last few weeks were filled with scheduled hearings for other city matters. As I believe is my obligation as City Solicitor, I also wanted to discuss these matters with counsel who actively represent the city in said pending litigation, Kevin Daly and John Cloherty. Nonetheless, I want to assure you that Mayor Usovicz remains committed to trying to resolve these several pending matters involving Mr. Burnham and his properties at 14 Franklin and 70 North Street, Salem, Massachusetts. We believe the following can accomplish that goal. 14 Franklin Street By the Agreement for Judgment (08130100), Mr. Burnham is able "to use the first and second floors of the front portion only of said building for office and related accessory use only . . . pending determination of Land Court in case no. 238654." Mr. Burnhan seeks to use the building in its entirety during remaining period of his ownership. As you know, this matter is now pending for trial. On summary judgment motions, Chief Justice Kilborn did rule that the large open area was clearly being used in an improper industrial manner. Chief Justice Kilborn attributed this mostly to the industrial shelving, storage and large rear roll- down door. Page Two of Four January 19, 2001 Attorney Kauppila RE: Burnham You propose that Mr. Burnham will not use the building for manufacturing in conjunction with the industrial/marine use. In light of the court's decision and in order to insure proper use, it would be appropriate to remove or replace the large industrial door in the rear of the building with something more consistent with the suggested use.' Inspector Strout will issue a full certificate for uses properly within the B-5 District. If still to be used for minor storage for industrial/marine (accessory) use (not manufacturing), the Mayor would support issuance of a special permit consistent with said use conditioned on ownership by Mr. Burnham — specific conditions to be approved by the Board of Appeal. We would support such a resolution with the Salem Board of Appeals. This would resolve all of the cases regarding use in the land court and superior court. As storage would be allowed inside the building, this settlement would also include removal of all the trailers/containers from the parcel. Mooring Permits Although we are aware of no such past practice, we will certainly guarantee applications for said mooring permits will not be summarily denied. Presently, we are not aware of the number of permits required by Mr. Burnham. Once applications are filed with adequate descriptions and identification of each of the vessels/barges, we will meet with the acting Salem Harbormaster to discuss the issuance of mooring permits in appropriate and acceptable locations to support Mr. Burham's business. 70A North Street This is the easier of the two sites to resolve, certainly given the reality now that the seawall is not likely to be built prior to sale of the property. As you know, it essentially is an open dump/junkyard on one of Salem's most frequently used entrance corridors. We would agree to recommend to the Conservation Commission that it drop its appeal of the new seawall once the property is cleaned up. Cleaning up the landside of the property will address almost all of Con Com's concerns. There would need to be an appropriate order of conditions for the cleanup. 'As we can appreciate Mr. Burnham not wanting to invest too much more in this property that he hopes to be selling in the near future, this could probably be accomplished by welding shut the rear door and cutting/framing a smaller door within that larger door. This would be consistent with Judge Kilborn's opinion and also eliminate any concern of industrial equipment being used or worked on inside the large rear area. This would also eliminate need for City of Salem to have a key for inspections as provided in the same agreement for judgment. (See%8). Page Three of Four January 19, 2001 Attorney Kauppila RE: Burnham Civil Rights Action Burnham Associates v. City of Salem Conservation Commission at al U.S.D.C.: 98-CV 1997-RE K We would be remiss in our representation of Salem if we failed to incorporate in this'universal" settlement resolution of the final branch in this litany of litigation - that being the above captioned matter. To date, the City of Salem has been the prevailing party in this dispute. As you know, Judge Keeton dismissed (allowed motion for summary judgment) all of the federal claims for relief and remanded this back to superior court for adjudication on the remaining state claims (essentially abuse of process claims against Mayor Neil Harrington and Building Inspector Leo Tremblay)? In that matter, the city has counterclaims for Chapter 93A violations, additional zoning violations and costs and attorney fees pursuant to the Anti-SLAPP statute. Although we believe strongly that our remaining claims have merit and that the remaining claims against the city would be eliminated on yet another summary judgment motion, the city would be willing to agree to a complete dismissal of the entire case. We realize you do not represent Mr. Burnham in that action; however, if he is truly interested in a `universal" resolution, Ke must understand this is very much a part of the picture. We would also refer you to Attorney Cloherty's correspondence to Attorney Paul Shaw addressing these issues. These cases have consumed the city's legal department for far too long. We think the timing is right for a final resolution that will best serve your client and the interests of the citizens of Salem. We fully realize both parties have some work to do to get this done; however, we will make ourselves available to the Salem Board of Appeals, Conservation Commission and the Salem Harbormaster to move this along as quickly as possible. Finally, please be aware that all representations made herein are for settlement purposes only and are not intended to be used in any other context. These statements do not reflect any legal positions or policy of the City of Salem. Should settlement discussions fail, the City of Salem waives no legal rights in any of the myriad of cases. 2 This case is presently in administrative limbo-the record/docket needs to come back from First Circuit Court of Appeals to the Federal District Court then finally to superior court. Page Four of Four January 19, 2001 Attorney Kauppila RE: Bumham Thank you for your attention to this matter. We look forward to hearing from you as soon as you have a chance to discuss with Mr. Burnham. Very best regards, Jo Keenan, Kevin Daly, Esq. Ci Solicitor Salem Board of ApAeals Salem Conservation Commission Cc. Stanley J. Usovicx, Jr. Mayor Patrick Reffett, City Planner Peter Strout, Bldg. Insp. John Cloherty, Esq. SE REGULATIONS SALEM ZONING ORDINANCE .Art. V, § 5-2 (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- ( 0) Off-street parking and loading facilities and tisans and craftsmen,provided that all prod- other accessor uses and buildin s, ro- ucts of the artistic endeavor or craft ac- ro c- vided that such uses are,clearly incidenta tivity are primarily for sale on the premises to the principal use or by specific off-premises commission from (11) All uses permitted in B-1 Districts, subject a sponsor or client. to all provisions specified for such uses, ex- (15) Publishing and printing establishments. cept that all residential uses are prohib- ited. (16) One-family,two-family and multifamily res- 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) B-5 Districts. The following are permitted ondary uses in upper floors of structures .ses in the central development districts: primarily used for retail, personal service (1) All uses permitted in B-1 Districts, subject or office purposes. to all the provisions specified for such uses. (17) Accessory uses generally in support of the (2) Other retail stores and service establish- above permitted uses. ments, except those permitted in B-4 Dis- (h) I Districts. The following 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- tainment, such as theaters and bowling al- leys. (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 ciations. and professional offices and ancillary activ- (6) Philanthropic and charitable institutions. ities (i.e., cafeteria facilities). (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 10) Business and professional offices, pharmaceuticals and otowing her industries:of rrelated prod. Ll) 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 13 T L BURNHAM ASSOCIATES INC. Marine Contractors • Engineers R Mr. Leo Tremblay City of Salem One Salem Green Saiem, Nati 61970 October?2 1 coos Mr. Tremblay: As per our letter of October 3, 1995 and after review of vessels docked at 14 Franklin Street, we have :bund that the bow of one barge was protruding over a projected lot line between 14 and 16 Franklin Street approximately 3-4 feet, which was corrected. Sh:;rtiv, vessels will be departing subiect deck en route to contracts we will be starting. We will inform company personnel of your concern for strict compliance with zoning regulations and thereby avoid further problems. Very Trul Yours, 4 Craig . Burnham, president BURNHAM ASSOCIATES, INC. CCB:gmh 26 Dearborn Street Salem, MA 01970 Telephone (508) 745-1788 Fax (508) 741-1984 BURNHAM ASSOCIATES INC. Marine Contractors a Engineers Mr, Leo E. Tremblay City of Salem One Salem Green Salem, MA 01970 October 3, 1995 Mr. Tremblay: We are in receipt of your letter dated September 29, 1995 regarding alleged encroachment violations in front of our property located at 14 Franklin Street Salem, MA. Our Franklin Street facility has vessels coming and going on nearly a daily basis therefore it is difficult to make certain that all vessels dock precisely within the limit lines. Though our vessels may occasionally be docked irregularly it is just part of normal vessel movement. At this time we are investigating your claim and will respond within a few days. Ve:;��T TYours, �t"XgC ( ` . Burnham resident . P BURNHAM ASSOCIATES, INC. 26 Dearborn Street Salem, MA 01970 Telephone (508) 745-1788 Fax (508) 741-1984 BURNHAM ASSOCIATES INC. Marine Contractors a Engineers Leo E. Tremblay zi Director of Public Property o trr Inspector of Building v r ri c� Zoning Enforcement Officer w, z City of Salem Public Property Department One Salem Green Salem, MA 01970 October 3,1994 Dear Mr. Tremblay: We are in receipt of your letter dated September 30, 1994 concerning the docking of vessels at 16 Franklin Street. Please be advised that the vessels in question are there temporarily to take on supplies and Equipment for projects that we will be working on locally. We apologize for any concern this may have caused you, and as well we will be working to comply with the law. Very T y Yours, Craig . Burnham, pres. BURNHAM ASSOSICATES CCB:gmh cc: Councillor Hayes,Ward 6 26 Dearborn Street Salem, MA 01970 Telephone (508) 745-1788 Fax (508) 741-1984 Citp of *alem, 4 am6arbuattz Public Propertp Mepartment 3Builbing Department One 6alem Oreen (978) 745-9595 Cxt. 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. Sincere Peter trout Building Inspector ❑ SUMMnNS FOR DEFENDANT DOCKET NUMBER SUAMDNS FOR WITNESS - _• VISIODI SESSION: [ `IMINAL ❑JUVENILE ❑ JURY ❑ MAGISTRATE HEARING NAME AND ADDRESS OF COURT'I NAME,ADDRESS AND ZIP CODE OF DEFENDANT �� (6r W14'iol r MUST APPEAR AT /� THIS COURT r / _ro ham �A ADDRESS ON 91\C-Lu'J ''/�jt l THE DATE 1 DATE AND TIME OF APPEARANCE AND TIME SPECIFIED HEREIN DATE TIME NAME, [DRESS AND ZIP CODE OF WITNESS OFFENSE(S) so/ L ; 9) J To the above named ❑ Defendant KIWitness: You are hereby ordered to appear in this Court,on the appearance date noted above ❑ To answer to a criminal complaint charging you with the offense(s) listed above. ' I�To give evidence and testify on behalf of the .l>\ Commonwealth ElDefendant in the matter described above, and to appear from time to time and day to day thereafter as ordered. You are further required to bring with you: FIRST JUSTICE DATE O /IS /E DISTRICT RNEV WITNESS: 1 WARNING TO DEFENDANT OR ITNESS: Failure to appear in accordance with this summons may result in the issuance of a warrant for your arrest. Please bring this document with you to court. ATENCION: Esta es Una notificaci6n oficial de la torte. Si usted no sabe leer ingles,obtenga traducci6n! DC-CR 7(1184) �r APPLICATION 21 ADULT -1 NUMBER Trial Court of Massachusetts pp,, FOA COMPLAINT � JUVENILE District Court Department 191 _ ARREST HEARING _ SUMMONS _ WARRANT COURT DIVISION fhe within named comolawant requests that a comolaim issue adalnst the within a7lJ:: named defendant. charging said defendant with the offenselsi listed below. 74 'iVsSR:rl+;tC❑ Street DATE OF APPLICATION DATE OF OFFENSE I PLACE OF OFFENSE 12/ 15/93 12/14/93 12 Franklin Street NAME OF COMPLAINANT City of Salem, Inspector of Buildings NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT Violation City of Salem Burnham Associates, Inc. 1. Zoning Ordinance Art.V,5-2 26 Dearborn Street Salem, Masa. 01970 Uses permitted in ,9ft 2. District lb-S' NAME,ADDRESS AND ZIP CODE OF DEFENDANT 3. I I 4. d OF HEA COURT USE A hearing upon this complaint application , ` ^ GM • COURT USE ONLY---* will be held at the above court address onffim i F-ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner or property. Goods stolen.what Over or under SUBSTANCE OR WEAPON person assaulted.etc. destroyed.etc. $250. Marijuana,91rn,etc. � 1 2 3 4 ' OTHER REMARKS: fA-5 Illegal use in Residential At District SIGNATURE OF COMPLAINAN DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATEOFBIRTH PLACEOFBIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAMEIMAIDENI FATHER'S NAME I • JC CR2(31881 APPLICATION ElADULT NUMBER Trial Court of Massachusetts FOR�COMPLAINT JUVENILE District Court Department qv- 17 ARREST HEARING _ SUMMONS _ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Salem District Court named defendant. charging said defendant with the otiensels) listed below. DATE OF APPLICATION I DATE OF OFF NSE PLACE OF OFFENSE 65 Washington Street y Salem, MA. 01970 NAME IDE COMPLAINANT NO. OFFENSE G.L. Ch. and Set ADDRESS JOND ZIP CODE OF COMPLAINANT 7 CeyT � 2. y NAME.ADDRESS AND ZIP CODE OF DEFENDANT n him ASc®Gi/�Tc 5 �/!/C 3. 6e)2n sf I. I COURT USE A hearing upon this complaint application DATE OF HEARING TIMEOF HEARING COURT USE ONLY—+ will be held at the above court address on AT *—ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property. Goods stolen.what Over or under SUBSTANCE OR WEAPON person assaulted.etc. destroyed.etc. $250. Marijuana.gun,etc. t 2 3 4 OTHER REMARKS: x SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLAOEOFBIRTH SOCIAL SECURITY NUMBER SEX RACEHEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'SNAME COURT USE ONLY i 3ArE DISPOSITION AUTHORIZED BY NO PROCESS TO ISSUE At request of complainant Complainant failed to prosecute - Insufficient evidence having been presented j PROCESS TO ISSUE TYPE OF PROCESS Sufficient evidence presented - Warrant - Defendant failed to appear - Summons returnable Continued to �I COMMENTS OGCR2(3188) APPLICATION I ADULT NUMBER Trial Court of Massachusetts i Illinois, FOR COMPLAINT ❑ JUVENILE District Court Department Vil ARREST A HEARING SUMMONS - WARRANT COURT DIVISION The within named complainant requests'that a complaint issue against the within �44if'^. L.fStrt"7L Owz named defendant. charging said defendant with the offense(s) listed below. ?_ `n'Y'35Et:ngfon Street DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE =:xivft; MA 0 i 970 12/15/93 1 12/14/9 12 Franklin Street F NAME OF COMPLAINANT City of Salem, Inspector of Buildings NO. OFFENSE G.L.Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT Violation City of Salem Burnham Associates, Inc. 1. Zoning Ordinance Art.V,5-2 26 Dearborn Street Salem, Mass. 01970 Uses permitted in 4" 2. District lb-S' NAME.ADDRESS AND ZIPCOOE OF DEFENDANT 3. 4. B'3o COURT USE A hearing upon this complaint application OF NEA A cyV). COURT USE ONLY—* will be held at the above court address on t--ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property. Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted.etc. destroyed.etc. $250. Marijuana.gam,etc. 2 3 OTHER REMARKS: , 13'$ Illegal use in ROMbONSEM $rvirt District� � _ i 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 HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAMEtMAIDENI FATHER'S NAME R DC-CCR2 131881 Y F1 USE REGULATIONS SALEM ZONING ORDINANCE Art.V, § 5-2 (7) Wholesale merchandise brokers and whole- Housing Authority and financially aided by 3 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. e and baking establishments. (13) Retail-wholesale contractors supply estab- = (9) Churches and similar places of worship, lishments, provided, however, that the wholesale operation does not consist of over public and private nursery,elementary and fifty (50) percent of the business. rte+ secondary schools,institutions of higher ed- , , ucation. (14) Studios,workrooms and shops of artists,ar- PY (10) Off-street parking and loading facilities and tisans and craftsmen,provided that all prod- _C! E other accessory uses and buildings, pro- ucts of the artistic endeavor or craft ac- AIR vided that such uses are clearly incidental tivity are primarily for sale on the premises 2S or by specific off-premises commission from - to the principal use. a sponsor or client. (11) All uses permitted in B-1 Districts, subject to all provisions specified for such uses, ex- (15) Publishing and printing establishments. a cept that all residential uses are prohib- (16) One-family,two-family and multifamily res- 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- ondary uses in upper floors of structures �—(g) . Z Distri" :=Yollowing'are permitte primarily used for retail, personal service luses in the central development districts " or office purposes. NIt (1) All uses permitted in B-1 Districts, subject (17) Accessory uses generally in support of the ^ to all the provisions specified for such uses. 41' above permitted uses.(2) Other retail stores and service establish- w n 7 u:y t;y ments, except those permitted in B-4 Dis- (h) IDtstrsctR :fo owing'are permitted uses tricts. in the industrial districts: All uses permitted in d B-4 Districts, subject to all the provisions speci- (3)) Places of commercial recreation and enter- fled for such uses. ' tainment, such as theaters and bowling al- leys. (i) Business Park Development Districts.The fol- (4) Restaurants and other eating and drinking lowing are permitted uses in the Business Park g Development Districts: places. (1) General office buildings including business (5) Nonprofit clubs, lodges and fraternal asso- and professional offices and ancillary activ ti ciaons. ities (i.e., cafeteria facilities). (6) Philanthropic and charitable institutions. an (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- X (11) Off-street parking and loading facilities. ucts, food and kindred products, apparel, h, 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 13 USE REGULATIONS SALEM ZONING ORDINANCE Art.V, 5 5.2 (7) Wholesale merchandise brokers and whole- Housing Authority and financially aided by sale storage. either the U.S.Public Housing Administra- tion and/or the Commonwealth of Massa- 8) Service establishments exceeding the re- quirements for such businesses in B-1 Dis- tricts, such as major laundry, dry cleaning of Public Housing. k 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 z r' secondary schools,institutions of higher ed- fifty (50) percent of the business. ucation. (14) Studios,workrooms and shops of artists,ar- 't (10) Off-street parking and loading facilities and tisans and craftsmen,provided that all prod- other accessory uses and buildings, pro- vided that such uses are clearly incidental ucts of the artistic endeavor or craft ac- I tivity are primarily for sale on the premises to the principal use. or by specific off-premises commission from a sponsor or client. (11) All uses permitted in B-1 Districts, subject to all provisions specified for such uses, ex- (15) Publishing and printing establishments. t cept that all residential uses are prohib- (16) One-family,two-family and multifamily res- 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 g ments, including high-rises, and as sec- in s�, ondary uses in upper floors of structures g "$5 Destrz' ' ' lie £o11'owing-are permitted primarily used for retail, personal service (uses-in the central development districts: or office purposes. F` (1) All uses permitted in B-1 Districts, subject (17) Accessory uses generally in support of the to all the provisions specified for such uses. above permitted uses (2) Other retail stores and service establish- ments, except those permitted in B-4 Dis- (h) I''induis tial'di,str llowmg 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. i. - tainment, such as theaters and bowling al- leys. (i) Business Park Development Districts.T1ie fol- lowing are permitted uses in the Business Park (4) Restaurants and other eating and drinking Development Districts: '1 places. sur (1) General office buildings including business (5) Nonprofit clubs, lodges and fraternal asso- and professional offices and ancillary actio- dations. ities (i.e., cafeteria facilities). J (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- 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 13 TitV of 1434tt1Pm, :ffittssar4usetts l ��a Publir Prapertg i9epartment Guilbing Bepartment (out Belem (lirrrn 500-745-9595 fid. 300 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 i m USE REGULATIONS SALEM ZONING ORDINANCE Art.V, $5-2 (7) Wholesale merchandise brokers and whole- Housing Authority and financially aided by `D 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 prod- other accessory uses and buildings, pro- ucts of the artistic endeavor or craft ac- tivity are primarily for sale on the premises to the principal use. or by specific off-premises commission from a sponsor or client. (11) All uses permitted in B-1 Districts, subject to all provisions specified for such uses, ex- cept that all residential uses are prohib• (16) One-family,two-family and multifamily res- 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 (0. ments, including high-rises, and as sec- ondary uses in upper floors of structures ruses in the central development districts: primarily used for retail, personal service or office purposes. x;(1) All uses permitted in B•1 Districts, subject (17) Accessory uses generally in support of the _ to all the provisions specified for such uses. above permitted uses. (2) Other retail stores and service establish- ., ments, except those permitted in B-4 Dis- (h}ID etrs" w ng 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. ( .J tainment, such as theaters and bowling al- leys. . (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 ciations. and professional offices and ancillary actio 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 j: 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 13 r Titg of 1�ttlrtn, Mttssttr4tulctts Public Propertg Department tiguilaing Department (One *stem (6reen 500-745-9595 Fxt. 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, Leo E. Tremblay ✓'/ Inspector of Buildings LET: scm cc: Kevin Daly Councillor Hayes, Ward 6 Certified Mail # P 921 991 840 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT ESSEX, ss. MISCELLANEOUS CASE NO. 19a580 CRAIG C. BURNHAM, TRUSTEE OF THE FRANKLIN STREET REALTY TRUST and BURNHAM ASSOCIATES, INC., Plaintiffs, V. CITY OF SALEM and LEO E. TREMBLAY, INSPECTOR OF BUILDINGS OF THE CITY OF SALEM Defendants AFFIDAVIT OF FRANCIS C. BURNAHM 1. Since 1953, I have resided at 26 Dearborn Street, Salem, MA which is about three blocks away from 14 Franklin Street, lot 403 on city assessors map 26. 2. From 1948 until 1980, I owned and operated a marine construction business under the name of Burnham Associates. 3. All facts stated in the 35 paragraphs of the affidavit of Craig C. Burnham, my son, dated April 16, 1993, are true to the best of my knowledge and belief. 4. I have direct personal knowledge of how the property, lot 403, was used since 1953 for several reasons: a) I have passed by said property via Franklin Street almost daily since 1953 and also dozens of times yearly on board vessels/barges in the North River behind said property in the course of operating Burnham Associates, plying the area docks including lot 403. b) I know personally, and have done business with the previous owners of the property, James Anketell, Gifford Russell (principal of Allstate Building and Wrecking, Inc. and Silent Ships, Inc.) and William H. Linskey and therefore have had first hand observations of how the property was used. 5. When Mr. Anketell purchased the property in 1958, he immediately proceeded to operate on the property a boat/vessel hauling, storage, repair and docking business and also constructed a marine railway into the North River at the rear of the property. He also had trucks and various kinds of other machinery on the lot used in the family business including lumber sales. 6. When Allstate acquired the property in 1971, the magnitude of marine use of the property increased. Large cranes, earth moving equipment and trucks were stored and maintained on the property, filling it to capacity. The marine railway was improved. 7. When Silent Ship, Inc. acquired the property in 1974, the same usage of the property continued without change or interruption until 1979. Signed under the pains and penalties of perjury this /D T11 day of April, 1993. FRANCIS C. BURNHAM COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. TRIAL COURT LAND COURT DEPARTMENT CIVIL NO. 192580 ) CRAIG C. BURNHAM, TRUSTEE at al) Plaintiff ) Va. ) CITY OF SALEM, et al ) Defendants ) AFFIDAVIT OF LEO E. TREMBLAY ON BEHALF OF DEFENDANTS Now comes Leo E. Tremblay who deposes and states as follows: 1) I am employed by the City of Salem as the Inspector of Buildings and Zoning Enforcement Officer. As such my job duties include issuance of all building and construction permits within the City of Salem, conducting all necessary inspections in conjunction therewith, and enforcement of all zoning ordinances. 2) I am familiar with the business activities of Burnham Associates, Inc. as they relate to the use of Lots 423 and 403 (as previously identified) and I have read the various affidavits filed in this case and related cases. 3) On or about April 8, 1993 , an agent for Burnham Associates, Inc. submitted to my office an application for a building permit in order to construct what appeared to be an office building on said Lot 403 , also known as 14 Franklin Street. 4) Pursuant to instructions from the legal department I did not act on said application because of criminal violations occurring on said property by Burnham Associates, Inc.and because of authority granted under G.L. c. 40, § 57. 5) In addition to the foregoing, the application for a building permit by Burnham Associates, Inc. would be denied because the petitioner's present use of the premises and its everyday business activities constitute an illegal use of the premises as defined by city ordinance. r 6) I have seen no evidence establishing that the use of the premises by Burnham Associates, Inc. is permissible pursuant to any applicable "grandfather clause" . 7) Burnham Associates, Inc. has not requested a hearing before the City of Salem Board of Appeal or required by G.L. c. 40A, § S , regarding its inability to obtain a building permit. Signed under the pains and penalties of perjury. Dated: May , 1993 • �l�Ix�<✓C/�1 t/ Leo E. Tremblay /J cosbalc5a ✓// 2 COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT ESSEX, ss. MISCELLANEOUS CASE NO. 19 Z.580 CRAIG C. BURNHAM TRUSTEE OF THE ) FRANKLIN STREET REALTY TRUST and ) BURNHAM ASSOCIATES, INC., ) Plaintiffs, ) V. ) ) CITY OF SALEM and LEO E. TREMBLAY, ) INSPECTOR OF BUILDINGS OF THE CITY ) OF SALEM, ) Defendants, ) AFFIDAVIT OF WILLIAM M. LINSKEY I, William M. Linskey, being duly swom, do depose and state under oath and upon personal knowledge, the following; 1. I reside at 16 Honeysuckle Road, Hamilton, Massachusetts. I am the previous owner of the property located at 14 Franklin Street, Salem, County of Essex(the "property"), having transferred the same by deed dated September 9, 1992 to Craig C. Burnham, Trustee of The Franklin Street Realty Trust. 2. I purchased the property on August 16, 1979; my deed is recorded in the Essex South District Registry of Deeds, Book 6622, Page 683, a copy of which is attached hereto. 3. I purchased the property from Naumkeag Trust Company, who (according to the reference on my deed, attached hereto) acquired the property by foreclosure deed on May 14, 1979. Naumkeag Trust Company had foreclosed upon Silent Ships, Inc., whose principal was Gifford Russell ('Russell'). 4. On information and belief, Russell and his other company, Allstate Building and Wrecking, had owned the property before Silent Ships, Inc. Their ownership goes back to February, 1971. 5. On information and belief, Russell ran a boat storage and building wrecking company at the property. He began it in 1971 and was still carrying on this business at the property when I purchased it from Naumkeag Trust Company in 1979, although I do not know whether he had a formal lease with the bank, or was just a holdover tenant. 6. On information and belief, Russell always had cranes with wrecking balls on the property. He also used the marine railway and had equipment and boats to assist in this service. 7. On information and belief,before Russell, the property was used for large boat storage and repair. It was particularly suited for work on large boats because it had a railway going directly into the river, additionally, equipment and service boats available. The use of the property goes back to before the 1960's. 8. I own and operate a contracting business. I did not move on to the property when I purchased it, but instead rented it to Burnham Associates ("Burnham"). 9. Burnham continued to use the property as Russell did, and they purchased one of Russell's cranes. I also know that Burnham used the marine railway and tied up his barges and tugs to the seawall.. 10. In 1983 Burnham moved his business to another location; however, I let them continue to tie up to the seawall at the property and load and off load equipment from their barge. 11. With much of Burnham gone, I moved my business on to the property. My contracting business involves water and sewer projects. I have a lot of heavy earth moving equipment. This equipment was stored and operated from the property until 1986. 12. In 1986 I moved some equipment to Jefferson Avenue. I then allowed Burnham to store a crane and other equipment on the property. Burnham's storage of equipment, and use of the property to tie up and load their barge, continues until the present time. 13. 1 sold the property to Craig Burnham in September, 1992. 4 N 14. Throughout the time that I have been familiar with the property, as described above, it has always been used for contracting business. There has always been heavy equipment stored and operated there, and the seawall has been used to tie up and service working vessels. 15. I am familiar with the nature of Burnham's marine contracting business. I believe it's use of the property is not different from, and does not increase, the way the property has always been used. Signed under the pains and penalties of perjury this /Z 7� day of April, 1993. ��:� WILLIAM M. LINSKEY -i cortxlnuon<r!u .V est.+b:fished under=lJie !ays'"uf Lli . Cuim:nwenith. of•MJ+s iu+iscllS rnd 'lavuln ItS aj mna;1)•'acc of-busauss.:n I G "y,.x.Street, Sale"!, _ .a Lti:,a x -Counry MessatLuserts _ for i'0"�utration pa,$-xnu4n full dpm!derauon of.fi "t,1Y' TUOUSA. I ANI1,W/lOL . grants to ilf l.,tam 11. Liilskey i -..of 15 Kzples Qoisd, Salem,"Essex County, Massachusetts _•with qulfrIalut rultritunia he tan t n S i em sYiwate'd'oil tb,- Gaster!Y'nlde of Prank to Strc l "' iild howl 'ed c: - .mii v.n Ge. as�...ullows: "+(L—,iwiou�ml <nr.:a,Lnnoex, i(Jnr] - IlgS17>I1%Y by Pralkliti Street, seventy-eight and Lweney-eight hundredths (78.28) feet; • ;] N 90!t9tltiAS1'!i!i!,Y ..by Lot B on ,plan heretuafter referred to on two courses, µ1° "- l.orty-five (45) feet alit] two hundred fifty-three '.and � - iT et'een hundr,:dths (75;1.1:') feet, restectively; - "- m u i�m' SOU7:1'AST!]tLY_ by the-North River, fifty (50) feet; slid P.m tr2 h SOl'I7I1lES?Bi[LY .by land now or fo"wHy of Ceorge it. Griswold, Inc.; two 7 hundred sixty-six unit forty-six hundredths (266.46) feet. frri..rrn Cantalning 2D,500 square feet-and being shown as Lot Aeon plan of "Land >rt W .1r,14vs .'.• AukeLell, Frankl.t:, StreVt, Salem, Jan. 19.'+9", recordw' with o 'ssex South District Registry of Deeds, gook 4537, Page 244. t; For my title, see foreclosure deed from the ))atmtkeag Trnsc Company to Ow 4aamkeag 'frust Coliq)any, dated May 14, 1979 recorded in' the t' ) isscx Snnth District Registry of Deeds, Book 6590 Page 43 ; A- R A a• it ,,, [� 4 T„ n.ih;tstl^i 1tlfTp11.'1)f, thesaid Nnumi:eag Trust Company , );t. ''as causer its corporate seal be here!o api.ed and these preseuts to be s_!net], acknow!edged and ! iC il%-Im' in its mune and behalf 1by Robert: n, iSachand its Vice ['resident hereto duly authorized, this VC,171 e,,o./. A„g,l+t in the year one t!,uusand nine hundred and seventy•,liine ' .w Ci,,nrd and rerled in f,reience of p 1 j .................. f J / .........'-_._.. :..:1!MI = 1” U'!' LU''"'A:Y � t { 9G.. .Ll �C ,. by - - RVOGNT 0. ISACIIAi;U ............................. ............................._............-. O;h, Lr,n,n,.a"nrv;: of fTIrme,.......... n. COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRAIL COURT Essex, SS MISCELLANEOUS CASE NO. 1 cix5 8 0 CRAIG C. BURNHAM, TRUSTEE OF THE FRANKLIN STREET REALTY TRUST and BURNHAM ASSOCIATES, INC., Plaintiffs, V. CITY OF SALEM and LEO E. TREMBLAY `\ INSPECTOR OF BUILDINGS OF THE CITY OF SALEM Defendants AFFIDAVIT OF CHARLES J. FERRIS I, Charles J. Ferris, being duly sworn, do depose and state under oath and upon personal knowledge of the following: 1. I am an officer of Charles Ferris Auto Service, Inc. a business located next to lot 403 of City of Salem Board of Assessor's Map 26. 2. I have operated the business at that location for 5 years and, prior to that, I was employed at the property continuously from about 1970 on. 3. 1 also since that time have observed the activity and usage of the property next door, lot 403 and often have "dropped in" to chat with occupants, Gifford Russell, Craig Burnham, and William Linskey. 4. I have examined the 35 paragraph affidavit of Craig C. Burnham dated 16 April 1993 and find nothing in it inconsistant with my observations and all facts stated therein are true to the best of my knowledge and belief. 5. I have examined the six paragraph affidavit of Francis C. Burnham, dated 14 April 1993, and find nothing in it inconsistant with my observations and all facts stated therein are true, as far as from 1970 on, to the best of my knowledge and belief. Signed under the pains U d penalties of perjury this ' day of April 1993. CHARLES J. FORRIS COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT ESSEX, ss. MISCELLANEOUS CASE NO. 192580 CRAIG C. BURNHAM, TRUSTEE OF THE ) FRANKLIN STREET REALTY TRUST and ) BURNHAM ASSOCIATES, INC. , ) Plaintiffs, ) V. ) CITY OF SALEM and LEO E. TREMBLAY, ) INSPECTOR OF BUILDINGS OF THE CITY ) OF SALEM, ) Defendants. ) AFFIDAVIT OF CRAIG C. BURNHAM I, Craig C. Burnham, being duly sworn, do depose and state under oath and upon personal knowledge, the following: 1 . I am Trustee of The Franklin Street Realty Trust, owner of the property located at 14 Franklin Street, Salem, County of Essex, Lot 403 of City of Salem Board of Assessor' s Map 26 (the "property") , the use of which is the subject of the above referenced action. 2. The Franklin Street Realty Trust purchased the property from William M. Linskey on September 9, 1992, and all taxes and municipal charges on the property are fully paid. A true and accurate copy of the deed, as recorded in Essex South District Registry of Deeds, Book 11472, Page 66, and the plan referenced therein, is attached hereto as Exhibit A. 3. I am the President of Burnham Associates, Inc. ("Burnham Associates") , a marine contracting business which currently occupies the property. 4. Although the property was not purchased until September, 1992, Burnham Associates has rented and/or used the property in conjunction with its marine contracting business, as further described below, since April , 1980. 5. I also have direct personal knowledge of how the property was used prior to April , 1980 for several reasons: a. I grew up on Dearborn Street, which is near the property; from 1969 to 1973 I attended Salem High School and would pass by the property on a daily basis. b. Before I took over the business, and before it was incorporated, my father, Francis C. Burnham, operated Burnham Associates as a marine contracting business. I therefore grew up in this environment and was always aware of the activity in the area of the property as far back as the early 1960's. c. I know personally the previous owners of the property, William M. Linskey and Gifford Russell (principal of Allstate Building and Wrecking, Inc. and Silent Ships, Inc. ) , and therefore have had first hand observations of how the property was used. 6. The present and future use of the property by Burnham AssociatesLfor ifs marine contracting business involves the use and storage of heavy equipment, +' including cranes and backhoes. The property has an existing seawall , which �facil.itates the direct loading of equipment onto barges and other water craft. The property has been used in this manner for as long as I can remember, which, as stated, is the early 1960's. 7. The property is located directly on the North River. Neighboring lots are used by other contractors . An immediate abutter is a large auto junkyard. There are no residential lots in the immediate vicinity. 8. When I took over the family marine contracting business in 1980 I rented the property for the business from the owner, William M. Linskey ("Linskey") , who had purchased it a few months earlier. 9. The previous owners or tenants were Allstate Building and Wrecking, Inc. and Silent Ships, Inc. , whose principal was Gifford Russell ("Russell ") . Russell conducted a boat storage and building wrecking company at the property. Russell began conducting his business at the property in February, 1971 . 10. Prior to Russell 's business, the property was used for large boat hauling, storage, and repair, which included the use of the marine railway and other heavy equipment. Although my personal memory of the property' s use in this manner only goes back to approximately 1962, I am informed that the property was used in this manner beginning just after World War I1 . 11 . I do not believe Russell sold the property directly to Linskey, because there was a foreclosure and brief period of bank ownership; however, Russell was still conducting his business from the property as some kind of a tenant when I arrived in 1980. 12. When I took over the property, Russell still had heavy equipment there, and the marine railway was still in operation. The property was being used consistent with the manner I have and intend to now. 13. Russell 's building wrecking business had several cranes with wrecking balls. One crane, a 30 ton PNH truck crane, was still on the property, and I bought it from Russell for my business; cranes have been in continual use on the property since then. 14. Russell had always used the property for these businesses. Any time I walked by I observed at least two cranes with wrecking balls; including, the 30 ton PNH I bought, and a 25 ton LS 78 Link-Belt crawler, and working vessels tied up to the seawall . 15. When I moved on to the property in 1980, Russell moved his equipment to the next lot over. Attached as Exhibit B is a photograph which shows some of Russell 's equipment on the abutting lot. 16. When I took over the property, I continued to use it as did Russell . I bought a barge in April , 1980, which I also kept tied to the seawall . Exhibit C is a photograph of the barge. Although equipment may have been temporarily removed from the property for work projects, there have continuously been barges, tugs, and other work boats tied to the seawall . 17. In August, 1981 1 salvaged a sunken tug boat. I used the marine railway to haul and repair the tug. Since the repairs were completed, the tug has been used in my business and intermittently tied up at the seawall . Attached as Exhibit D is a photograph of the tug on the railway. 18. I rented the property for approximately three years, during which time I operated and stored my F-600 dump trucks, cranes, a NAPCO front end bucket loader, clam shell buckets, and various pile driving equipment there. Attached as Exhibit E is a photograph from 1982 showing examples of the equipment used. X19. ' I moved my business headquarters in 1983 because the previous year I ___ ` purchased a lot nearby-on•Commercial Street Rear. Although located on a canal_; ,the Commercial Street lot did not have facilities for barge or tug storage (because it-was on the other side of the overpass. -- 20. I tth fore with Linskey's permission, continued to tie up barges and tugs to the seawall of the property, and consistently on and off loaded heavy equipment there. 0 21. When I moved my headquarters from the property in 1983, Linskey then moved his contracting business in; the character of the use of the property remained the same. 22. Linskey's contracting business focused on sewer and water projects. Therefore, in addition to my barges tied up at the seawall , Linskey continued to store and operate heavy earth moving equipment on the property, including five Case 580 back hoes and dump trucks. 23. In 1986 Linskey moved much of his operation to another location (Jefferson Avenue) . However, from 1986 on he would store heavy equipment on the property. Linskey allowed me to store a crane on the property, a 50 ton LIMA crawler. This crane has consistently come and gone from the property since then, by truck and by barge. 24. I last used this crane on April 13, 1993 to remove the trailer that had been an office on the property. I intend to replace the trailer with a small office building, but the City told the Building Inspector not to issue a building permit. 25. My lot on Commercial Street was taken by the Commonwealth of Massachusetts by eminent domain. I therefore needed to find another location for the headquarters of my business. Linskey agreed to sell the property to me since I had been using it for my business all along, and the purchase occurred on September 9, 1992. 26. Linskey has now moved off the property, and my crane and barge remain. I intend to continue to use the property for my marine contracting business the way it always has been, and I relied upon my ability to do so when I purchased the property. 27. As a matter of maintaining the property, and protecting the two abutting lots, I need to maintain the existing fill and seawall . I , through my agent, have begun the application process with the Massachusetts Department of Environmental Protection. The BRP WW 02 Waterways Permit Application contains a Municipal Zoning Certificate to be completed by the building inspector, certifying that the proposed maintenance is not in violation of zoning. 28. The Certificate was submitted to the building inspector, but he refused to sign off. Therefore, the application process is in limbo, and the property may suffer irreparable harm if it is not maintained properly. 29. Our barge was temporarily tied up at another location nearby, Lot 423 of City of Salem Board of Assessor' s Map 26. The City of Salem has brought a criminal complaint against Burnham Associates for doing so. After the date of the alleged offense (September 1 , 1992) , I moved the barge back to the property. 30. I have since learned, through my counsel , that the City is also going to press this criminal action concerning our activities on the property. The business will be irreparably harmed if this criminal action proceeds before the appropriate court, the Land Court, makes a determination concerning our right to continue to use the property as it always has been. 31 . 1 planned to improve the property by replacing the existing trailer with a new office building. The plans and specifications of the building were prepared to conform with existing zoning requirements for density and set back. 32. Burnham Associates submitted its application for a building permit on April 8, 1993. The building inspector returned our application to us, stating that the City said he could not consider the application. 33. The foregoing actions and inactions by the City and the building inspector are causing us irreparable harm. Every day that we are delayed in using the property and proceeding with necessary maintenance causes us damage. We are prohibited from moving forward, and the conduct of the business is being impaired. 34. My intended use of the property is the same in nature, character, and degree for which the property has been used for the last thirty years. 35. My intended use does not enlarge or increase the previous use, and it does not take place on a different part of the property. 1993. Signed under the pains and penalties of perjury this 16'4 day of April , Craig C &rnham / •ii , .-. . ... .. .. Ln. V�A1472 FCS 66 WILLJA. �!. [.TNSKYY o[ 16 Nona euckla Road, Hamilton, Rre•x •a.:f county, Ni4s Y f .. ( ?� ■ehuaette for c»naid•rat3 •ldaratlo» of ONE on paid and In full con- E' NUNDHPC AND FIFTY THOUSAND AND 00/100 ,' • ,�_�•._ (8160,000) DOLLARS grant* to CRAIG G FRANKLIN • SURNHAN, TRUSTEE OP THE STREET REALTY TRUST UNDER DRCLARATION OF TRUST DATED 6KP76MBE4 9, 1992 recorded herewith of 26 Dearborn street, seise, Essex Oovnt � Belem Situated onthe cQVQnanta 1n hounded and druerlhad ar follnwe: , ,:%', . .:c,;:.: =. s..''.'WESTERLY, rc .. +: r+;'.p,: ,_ , by Franklin Street seventy-eight and tNenfy-sight +: hmndradtha (79.28) feet, " • ''+' NORTHYAS RRLY, b ! ' 0' f-.. • 7 Y Lot 8 on ]an haralnefter referred to on two •;1��, plan (16) fart and two Hundred .. I ,.. Ooura•a, tort '='_'• fifty-throe and nineteen hundredths (263.19) teat 11II1 ',•. � '•. respectivelyi 'Cj, v.•r. .� ';j• y,y, q;'. 80UTHEASTRHp1 , by the North River, fifty c;.L'� �•" v (60) tette dna SOUTHWESTERLY, by land nowor formerly of George H. Griswold, Inc., Ywo hundred (1 ' � "-•�• hundredths (266.46) (*at. and forty-e1x Containing 21,600 square test and being shown as Lot " of Land of JeNOo J, Anketeli, ^Aon plan Franklin Street, i;alem, O 1969", recorzi d with Ree•X 804th.,4Clair 4637, Page 24 t R•Qlkt ry Of D•rda, Book �`_,�:4i;.I.�;;:,••.: 4. , For Grant or�e t7 tie sea dued from Naumkekg Truat Company dated .y,. August 16, 1979 recorded 1n the Eaeex South District Aep1•try of :• i�:? .' !"' ' geed• at Book 6822, Page 683. f IN WITNESS wHMREOF the T ; : oral• this 9th prr[fea have est their hands dna .•�� - day of September, 1292, •• ( " N1 11.■ N. Lln•key is r! 17 c: {IG73 �.:' :�`7 �`:::�:.Li' •� ':_i1!%;'d PONNONWRALTH OF NAS6ACHU9PTTC . n .. -September 9, 1992 ' t,(� .;.il +'.•. Then parsun elIy appeared the abova-,'seat Willlam N. l.Snek•y t and , befoiedQ.d the foregoing lnstruaent to be his free act and dead, Delors ■e, . + T1 .. la1Y .,i,. ':� ••"n•'S•• oat o : Notary llo My 00 9940A expired:—.i . 1.57 dZ v b 1) O f• '.11 t1 I.' .�' ;; $ MICHAEL J. ESCHELBACHER 7 ;,• (` `�`1��]py�f�y�5{ ' C •.x -n u HOTMV *VBAC W Car .w 6,.k06 My 36,1191 n ; i j t fI ! , y f Y } , 5 • � 1r �. n ^,Cr c,r JAMES J. ANIA,E7ELL C� C} FRf ,NKLIN Sr SALEM,MA _S. SCALE IIN.qO l.�., JAN. 1 )150 / FE Gia 7FRED 500%f YOR / 41 Ti G=i lw .i U � Qj w Q! N h � a N �iof CIS:! •T�. � Js'do.�� o ♦ � ir4l�yMr+t i ♦.. 4j a a. > .[ i i .._ 1 �; � � � �: �', i '� I . 1 � i I� ,V � .. r� . , ,,. � � .e^' � i. ,� a _. . � � I, i ° ' �~ �� i i - _ T -. � � �I - . � � ' ' �'�'� . . -� ,�-� - ,: y � -_ _. - , , . , a� �� ; . i :r �t P � � 1•Y! ,y u e13'� �� J, Cf'. "��1 ` 1 JJ I 4`i .. i r �, +' I.'� _ T +l � .. � ' � �� t� � t'�� '. j v z 1�. h 'ty"a;� .»y} M ;,. ..� f { :�fc `,� ;, e.�>;,, .��: `�► ,��``� b�-�' \U► _.. � � i ''ls:�:: �':. �• �I!�► i� _ � � �� '� ., . _... I. � ,u. .i ,�_- �� 1 �. ``\\ � � +}. 4 7 L 1 l 1 r r �a yQ•,Si� 4�. I 1 ffirltT TI - Z Vin.•_, _ '.r�� •�� _tom 11 � 1� . " • . r,3& t i i� +�� ,.�. '�, N 1a � � r., i � .\_ r 'j �� \ s� :, I 1 �� 1 y 3 :iw Id Lo 2 9 £ { > z � Q _ LL 0 0 N 7 uJ J - Q V O w 6ANIEr�yG S Q _ � N I V MCH =" _ N N 33186 -0. .. yf TE0. +0? y1 PLAN ACCOMPANYING PETITION OF z SOUTHWE5T ELEVATION SHEET 2 OF L FRANKLIN STREET REALTY TRUST CRAIG C. BURNHAM , TRUSTEE - LAND AT 14 FRANKLIN STREET 5ALEM, MA ., Olg7o ASSE550 S}1 7(e 'PAe L 03 DANIEL J. LYNCH PROFE55IONAL ENGINEER5 d 5URVEYOR5 COMMERCIAL 5T.. MARBLEHEAD. MA. 01445 L O o- � �pG r. o mr LOCUS MAP ° a 00 am �h 4 h A, . F 9 A� ,v�. '. EDWARD FERRIS ZI NAPLES RD. I SALEM ,MA s /10gc a<< , 3,r Vol R 9r,,cv J N SF: c°S >11 �y BYOR FAMILY X REALTY TRUST O' h r 9 Zl � HALEY RD. v Q v.: . MARBLEHEAD;•MqANW �.�� q QS4 C/ MLW • • i•� �� o loo zoo NOTE* I I THI5 PLAN 15 NOT BASED ON oANIE@AN INSTRUMENT SURVEY AND p• �- SCALE 1 100 SHOULD NOT BE USED FOR Ly ncm M DETERMINATION OF PROPERTY N 33186 LINES. O Np Ey� PL N A COMPANYING PETITION OF FRANKLIN STREET REALTY TRUST PL,4N SHEET 1 of 2 CRAIG C . BURNHAM , TRUSTEE, LAND AT 14 FRANKLIN STREET BUILD//VG Aar" SALEM, MA., OIG70 455855o255H . z� PARGEt, 403 DANIEL J. LYNCH PROFE55IONAL ENGINEERS 4 5URVEYOR5 COMMERCIAL ST., MARBLEHEAD, MA., OIG45 EUI; DING DEPT.. z Cons' ervation Commission Salem, Massachusetts 01970 '�� Telephone 1617) 745-5056 NOV 12 9 52 AM '80 .-LI:IS5pG�� RECE!4'::D CITY 01= SALEMMASS. lASS. 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/ or Northrugr p/ Chairman v i Lail of ttlent lNu tic(Cl.l eR5 3>Tirr llelulrtwenl ' lenirilnrutrra � �X/Y. 3lnmee �. '�:irennan NO'PICP OP V101 A'.VION 017 FIRE LAWS (LT Ili ef off, O Franklin , t , ReEl:lI;y Trust Dale : May 1.3, .1-980 - g��l0 Plus j; To : y r l C,eur. Riodsdnn Jr. Tr IEe T'L.lrra1 Slo:rape of }' 9pial- _rte _ r P. O. Box 606 Re and �[ �i_relWu,.s'te i_ir,,t, -" - Per m i L ted i nn Prem i.ses oar.led b ,you'. a C 12 11L F)'-E St. Sa9:em, ass, (. Peabody, Mass. 0:1.960 As owner or occ:upant of the prern'i-ses , si:rucLure , open land area or alleys adj,acenl- tic;r.eto , urldea- 'youa- control. ; you are hereby notified that cond:i.t:i-ons 'I ed below, as a .result: of: an i.nspect:i.on by the Salem Pare P:revent:i.on Bureau , are ordered ro he corrected within o. twenty-four_hoi.u�s Of the above date . This or=der. is issued under provi.si.ons of: Chapter 1.411 , Section 5 of ." the General. .haws of Lhe Commonwealtho:f: MassdClit] eLLs and Article I , Section 7P-1.40 . 0 of Lhe Salem Vire Cade. The Lo L l.ow i.ny I a s Lc d a.Lem d re (Ie cored - be conditions likely to cause fire , become clarlye:rou., as a Fire hazard , or are otherwise in v=iolation of law. K 1, Il.le„a], ocr.;til anc;y of tine Use Group f! occupancy, :for High Hazard Use Group Stnra4,Ee (A.pflrox:ima'tuly, 500 rli"arns Of Class A, Class B and/or other hazardous waste materials ) , without proper permits and/or. ). i.censos. 4 2. Fai..lur c to provi . de spr nklor protection w.i. tJa.i.n this occupancy, wilen re-occupied as :, tura,*e ar. ea,, per provisions ofMass. State BIAi_1di.nC; Code , Section , 1.202, 6 and 1.202, 8 (S•Lrc.lgiarre was vacant a, Of Jan, 25, 1.979, and you were notified that : p:r. .inlca.er.a were or.rt Of servi.ce. Re-occupancy of the sLr. uctur. e require., thta. t :rul.l. compliance with the BL,i i ld:i.ng Code be undertalcsn, and a. Cer tri'icate of occui:lney be is:cued i.'or any occupancy. ) h 3. You are ordered to .i.naLral:e action Io remove the haz;ar. dous material, -' an(] shall make hrovr-s:ions -to re-activate the sans rnkl.er systetrl. I If, al- Phe expil_ation of time allowed , these conditions have not been i; remediedrand no c:ausc aforesaid be shown for failure to comply , .such I' further action sha-i t:akcR ps he ! 4w requires . Notice served by LI U vtd 1 C;oLt a ,% Per Order o-f ' � ,... E �?e _—.� I r ank1.rn S l Realty Trust James F. 3rennan Notice issued to George I(od ;ciun ]r. Trusl,r.:e Title=i1_..em lire - --g--- - 7 Date May 1.3 , 19BO 'ki.me_ Z,�./�//l//!'�'�� .rel F Method of Service Hand Delivered by is C, LJa,va.d J . �f o(r(;.i.rYr� )` Sa�leln F''.i.r. e Plar.'shal. cc : ALi;y . W:i.11 .iam 'I':i.nl�i. +. . i Marshal. O ' Keefe Ludy . 'insp. h file Form 1126A (7/77) F y.COtipr.\ ' r Cnix of '�5'51em, PnarD ofP '83 DEC 14 P2 :5r' CITY ..__( a'C -1r•C DECISION ON THE PETITION OF WILLIAM LINSKEY FORA Jf°. 1. VARIANCE FOR 14 FRANKLIN ST. , SALEM A hearing on this petition was held November 30, 1983 with the following Board Members present: James Hacker, 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 affecting 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; ant 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 Appealoncludes 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. 44Ardfore the;''86kFdDof ZdrldrigsAppna!l uoted:t*•;o against, three in favor of granting i ' 3� itts -requesgis 'deified.i e • I .:; ..., Scott E. Charnas, Acting Secretary LS IS Rc- RDED .:HJ r.GI.D DN Trc Ji,-!_8'S CERTIFIC;'T OF NTLL A COPY OF THIS DECISION -HAS BEEN FILED F:ITH THE PLANNI"G BOARD AND THE CITY CLERK 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 December 9 , 1994 Keith W. Kauppila, Esquire One Winthrop Square Boston, MA 02110 Re: 14 Franklin Street Salem, MA Dear Attorney Kauppila: As of this date, your client continues to maintain equipment outside the scope of his boundaries at 14 Franklin Street in Salem. He has equipment extending beyond the mean low water mark and equipment extending along the shore line of 16 Franklin Street. Specifically, numerous discharge pipes, which Mr. Burnham referred to during his testimony, are being stored along the waterfront of Mr. Ferris ' property. Paragraphs 41 and 44 of the Land Court Decision are clear. The discharge pipes are to be moved forthwith. Kindly advise as to your client' s intentions at your earliest possible convenience. Otherwise, appropriate court action will be taken. Thank you for your attention. Very truly yours, KEVIN T. DALY keg c / cc: Leo Tremblay (/ Robert Ledoux, Esq. \120994 YA oftt1emsucllusefts ��°; �� ' F;��,,,* a �Q ul 3Airr �leperiment �lendqusrfere � '� R'@�� (�1�� \Ap55 '4�i �1F1ftI1�Pt2f I�92YPPT � N ' w .Date Apra1 23e`` 1980 ` " Name : William Linsky, Owner of RecordRe Fire Damaged Structures ". '-, Address : / 15 Naples Road , ;Salem -,.situated '.At 14' Franklin St.,_ As a result of an inspection this date of the premises, "structure; open land area or vehicle owned, occppied `or otherwise under your : control, the following recommendations are submitted and shall ,se,rve as a notice of violation of fire laws . These recommendations area : made in the interest of fire prevention. and to correct conditions that are or may become dangerousas a fire .hazard or are in violation of law. You are hereby notified to remedy said violations named below ,within d >a<a seven days .44of 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 iiBJ, Section 30; and the Salem .Fire' code Article. 1. As it appears, sufficient time has elapsed, since the fires ' which have occurred at your property,' at 14 Franklin Salem, Essex County, Mass. You are therefore ordered to take such action as deemed necessary, to remove all debris,j i.. 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. a The Fire Chief and Building Inspector have determined,Ahat both structures are beyond rehabilitation. A Therefore under provisions of Chapter 148, Section 5 of the General Laws of the Commonwealth of MAssachusetts 'and Section F-140. 0 and Section F141. 0 of the Salem Fire- Code; you shall remove said structures from the premesies, so as to eleminate p . furthur vandalism and a probable cause of furthur' fire,s,' , d: t �Per' COrr'sL � Lt: David J. oggi h - ccs Building Inspector Salem Fire Marshal ,._. = '`g Health Department file Certified Mail # 676248 Form #25A(9/75) Cfitu of �alrm, Massar4usrtts ftv �o Public PrnpertU i3elrnrtment Nuilbing Department (One C,adem (green 5➢➢-745-9595 �xi. 3B❑ Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer April 8, 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, AW Leo E. Tremblay ii Inspector of Buildings LET:bms Enclosures ' 1SG !goti." o ILT � 9V�� VV�� 'Id�ior„!' mph � ' �G91(�2Cl�-GI�T�r�L�zcla r Ste, 1 b 1A . RE CIT' 'S 28' % 3 r P.0 f1QX �9� • SMCIII, M11p5,1 CIIlISL'I Is 0�97Q ... G��s A .ktx t,�.• w4L*r +#t k 1 WATER h SEW ER AI:F • ❑IT01N0l19 PAVINFt EU11,DINQ WRECHI�IQ ! 6NOw REMOVAL. • TRUCNINO ANq N[++bbA'vg YIEEQVIPTENIT ° May r1 1 1980I,z z y -Afi, �� "* y ` .-"�._: * .#�,-_ *YArw r` ' .n. �r r 1`. .�'+:i.iY��✓k.n'`"r.jrb;.+�'.wF .n$ryK:+a'"J.«il.-s k. ' n.-0. -JI 11 m ro F '. f5 abt -r .11t David J Gogg n 1 �,t SA �EIV(-,FIRE DFPAN`TM EN`P 4=aPayette streettIr '* %i.p Mass? aC j QJ �! U fs Sr xtlSe ,. ;•+'St I"z "�"�nbo.e+^ T;P} '� ' Bra.�+,'��r.. G Of< �,17 1 ,. , _. z. - _• `tcr{p1 r � t�rul w �, ay, x. +hr �� NIn rBards Lo your 1e'tler dated 11pri1 23 , 1980f which rBc; D. Ked on Apra1 241 1.980 -notifyingme to remove Casa_ 4a111a:,ed�� h! . o ruetures ' sa,tuatecl at 1�� ranJtl.i.li S1reeL w�. lhln sgveri (7 da�/s {fit y - � yc rt Please be advised that seven days as . not' sufficienL time Rogntrac' -Pout and have the ,jab completed ^ I would tike at iht tc treques t an adda iona1 10 days , a ,�y Y u " g +a Very truly ,yours 1 ; t , x rfih a r r Kms/ x � tat 9A. �t� > w�' a xw W7 r W11.11a N 7anskey � !Y h. � wW?�L 1 rT A ;. ' Lxtens9.on granted to MayS^�3 1980 "Only" . ....., ` Th.irty days"Ifrom' date" of oriqlnal Notice;, $; UALEM MI$ DEPn � ��pP.�V�D MAY '12156 H "All (�T� ^ "�}{ 1 A c akW�}r ;I. , } K 1 .,. Me V�Ill1 \JL S*}� A? A p'] jE ii. �T. ON 1 x 1 � x r° 1 n.,�, �1 4 M AY 1 9 1N A 0 it y °3a r11�f xA ; r / �'\ �'.n� •Y✓.�1_.0 / 1 • , ':{ Yk :C1 � ty t�' `f tlix� e{. -y L / /V4. Z 1 ^ I' ;.Mer � � n ` t / 'V r t� '' !t Y 7 t q �•.', -rl � �. "i 1 "tri //e�� r � T�e�TI , t� „f,N ,_ sssah45 w4 ' It g � IVA S norzit a z, aA M A L$ "�'�eI ,VAX! `r<r'�' ` wig ,'A iii •2 'F ^w ;y SY '1`.2 I1€d' a"',i�` 1 Sl x rk.J '"y -0r»"f4 t. t f fi i Pr, WNW, + ^"irt: Y � 1 T # F � � � l �G �fs� eGTn � - - '3 � r'fafattatiatg n,rl1 19 °a .( t p '.PPalrm (firPPri My t7ECFi r: 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 vYetlands/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 POvvER III Chairman May 22, 29, 1980 - This notice posted on "Official Bulletin Board" City ilall. Ave . , 'al e-�, Mass . on apt //; in a000r�ince with Chap. 626. of the Acts of 1958. 1, �Z Ilk Salem Historical Commission ONE SALEM GREEN, SALEM. MASSACHUSETTS 01970 (508)745-9595 EXT. 311 AGENDA SALEM HISTORICAL COMMISSION WEDNESDAY, AUGUST 16, 1995 7:30 P.M. ONE SALEM GREEN 41 Chestnut St. - Richard Jagolta& Kersten Lanes - Certificate of Appropriateness - Painting of front door 24 Warren St. - Richard Jagolta& Kersten Lanes - Certificate of Appropriateness - Paint colors 30-32 Beckford St. - 30-32 Beckford St. Trust - Certificate of Appropriateness - Construction of wall/fence, construction of carriage house - Continuation 31 Washington Sq. N. - Washington Sq. N. Trust - Certificate of Non-applicability - Iron fence - Continuation 10 Flint St. - 10 Flint St. Trust - Certificate of Appropriateness - Fence, front porch railings 124 Federal St. - Kevin& Deborah Guinee - Certificate of Appropriateness - Alteration of first floor rear ell , alteration of rear hip of main building 120 Essex Street - Peabody Essex Museum - Certificate of Appropriateness - Replace chain link fence - Certificate of Appropriateness - Planter boxes 11 Warren St. - Fred Chapman - Certificate of Appropriateness - Roofing, chimney replacement, gutter replacement, facia replacement Approval of minutes - 7/12/95, 8/3/95 Approval of Newsletter Violations/Work Status Guidelines Review - Masonry COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT ESSEX, ss. MISCELLANEOUS CASE NO. 192580 CRAIG C. BURNHAM, TRUSTEE OF THE ) FRANKLIN STREET REALTY TRUST and ) BURNHAM ASSOCIATES, INC. , ) Plaintiffs, ) V. ) CITY OF SALEM and LEO E. TREMBLAY, ) INSPECTOR OF BUILDINGS OF THE CITY ) OF SALEM, ) Defendants. ) AFFIDAVIT OF CRAIG C. BURNHAM I, Craig C. Burnham, being duly sworn, do depose and state under oath and upon personal knowledge, the following: 1 . I am Trustee of The Franklin Street Realty Trust, owner of the property located at 14 Franklin Street, Salem, County of Essex, Lot 403 of City of Salem Board of Assessor's Map 26 (the "property") , the use of which is the subject of the above referenced action. 2. The Franklin Street Realty Trust purchased the property from William M. Linskey on September 9, 1992, and all taxes and municipal charges on the property are fully paid. A true and accurate copy of the deed, as recorded in Essex South District Registry of Deeds, Book 11472, Page 66, and the plan referenced therein, is attached hereto as Exhibit A. 3. 1 am the President of Burnham Associates, Inc. ("Burnham Associates") , a marine contracting business which currently occupies the property. 4. Although the property was not purchased until September, 1992, Burnham Associates has rented and/or used the property in conjunction with its marine contracting business, as further described below, since April , 1980. 5. I also have direct personal knowledge of how the property was used prior to April , 1980 for several reasons: a. I grew up on Dearborn Street, which is near the property; from 1969 to 1973 I attended Salem High School and would pass by the property on a daily basis. b. Before I took over the business, and before it was incorporated, my father, Francis C. Burnham, operated Burnham Associates as a marine contracting business. I therefore grew up in this environment and was always aware of the activity in the area of the property as far back as the early 1960's. c. I know personally the previous owners of the property, William M. Linskey and Gifford Russell (principal of Allstate Building and Wrecking, Inc. and Silent Ships, Inc. ) , and therefore have had first hand observations of how the property was used. 6. The present and future use of the property by Burnham Associates for its marine contracting business involves the use and storage of heavy equipment, including cranes and backhoes. The property has an existing seawall , which facilitates the direct loading of equipment onto barges and other water craft. The property has been used in this manner for as long as I can remember, which, as stated, is the early 1960's. 7. The property is located directly on the North River. Neighboring lots are used by other contractors. An immediate abutter is a large auto junkyard. There are no residential lots in the immediate vicinity. 8. When I took over the family marine contracting business in 1980 1 rented the property for the business from the owner, William M. Linskey ("Linskey") , who had purchased it a few months earlier. 9. The previous owners or tenants were Allstate Building and Wrecking, Inc. and Silent Ships, Inc. , whose principal was Gifford Russell ("Russell ") . Russell conducted a boat storage and building wrecking company at the property. Russell began conducting his business at the property in February, 1971 . 10. Prior to Russell ' s business, the property was used for large boat hauling, storage, and repair, which included the use of the marine railway and other heavy equipment. Although my personal memory of the property' s use in this manner only goes back to approximately 1962, I am informed that the property was used in this manner beginning just after World War II . 11 . I do not believe Russell sold the property directly to Linskey, because there was a foreclosure and brief period of bank ownership; however, Russell was still conducting his business from the property as some kind of a tenant when I arrived in 1980. 12. When I took over the property, Russell still had heavy equipment there, and the marine railway was still in operation. The property was being used consistent with the manner I have and intend to now. 13. Russell 's building wrecking business had several cranes with wrecking balls. One crane, a 30 ton PNH truck crane, was still on the property, and I bought it from Russell for my business; cranes have been in continual use on the property since then. 14. Russell had always used the property for these businesses. Any time I walked by I observed at least two cranes with wrecking balls; including, the 30 ton PNH I bought, and a 25 ton LS 78 Link-Belt crawler, and working vessels tied up to the seawall . 15. When I moved on to the property in 1980, Russell moved his equipment to the next lot over. Attached as Exhibit B is a photograph which shows some of Russell 's equipment on the abutting lot. 16. When I took over the property, I continued to use it as did Russell . I bought a barge in April , 1980, which I also kept tied to the seawall.. Exhibit C is a photograph of the barge. Although equipment may have been temporarily removed from the property for work projects, there have continuously been barges, tugs, and other work boats tied to the seawall . 17. In August, 1981 I salvaged a sunken tug boat. I used the marine railway to haul and repair the tug. Since the repairs were completed, the tug has been used in my business and intermittently tied up at the seawall . Attached as Exhibit D is a photograph of the tug on the railway. 18. I rented the property for approximately three years, during which time I operated and stored my F-600 dump trucks, cranes, a NAPCO front end bucket loader, clam shell buckets, and various pile driving equipment there. Attached as Exhibit E is a photograph from 1982 showing examples of the equipment used. 19. I moved my business headquarters in 1983 because the previous year I purchased a lot nearby on Commercial Street Rear. .Although located on a canal , the Commercial Street lot did not have facilities for barge or tug storage because it was on the other side of the overpass. 20. I therefore, with Linskey' s permission, continued to tie up barges and tugs to the seawall of the property, and consistently on and off loaded heavy equipment there. 21. When I moved my headquarters from the property in 1983, Linskey then moved his contracting business in; the character of the use of the property remained the same. 22. Linskey's contracting business focused on sewer and water projects. Therefore, in addition to my barges tied up at the seawall , Linskey continued to store and operate heavy earth moving equipment on the property, including five Case 580 back hoes and dump trucks. 23. In 1986 Linskey moved much of his operation to another location (Jefferson Avenue) . However, from 1986 on he would store heavy equipment on the property. Linskey allowed me to store a crane on the property, a 50 ton LIMA crawler. This crane has consistently come and gone from the property since then, by truck and by barge. 24. 1 last used this crane on April 13, 1993 to remove the trailer that had been an office on the property. I intend to replace the trailer with a small office building, but the City told the Building Inspector not to issue a building permit. 25. My lot on Commercial Street was taken by the Commonwealth of Massachusetts by eminent domain. I therefore needed to find another location for the headquarters of my business. Linskey agreed to sell the property to me since I had been using it for my business all along, and the purchase occurred on September 9, 1992. 26. Linskey has now moved off the property, and my crane and barge remain. I intend to continue to use the property for my marine contracting business the way it always has been, and I relied upon my ability to do so when I purchased the property. 27. As a matter of maintaining the property, and protecting the two abutting lots, I need to maintain the existing fill and seawall . I , through my agent, have begun the application process with the Massachusetts Department of Environmental Protection. The BRP WW 02 Waterways Permit Application contains a Municipal Zoning Certificate to be completed by the building inspector, certifying that the proposed maintenance is not in violation of zoning. 28. The Certificate was submitted to the building inspector, but he refused to sign off. Therefore, the application process is in limbo, and the property may suffer irreparable harm if it is not maintained properly. 29. Our barge was temporarily tied up at another location nearby, Lot 423 of City of Salem Board of Assessor's Map 26. The City of Salem has brought a criminal complaint against Burnham Associates for doing so. After the date of the alleged offense (September 1 , 1992) , I moved the barge back to the property. I 30. I have since learned, through my counsel , that the City is also going to press this criminal action concerning our activities on the property. The business will be irreparably harmed if this criminal action proceeds before the appropriate court, the Land Court, makes a determination concerning our right to continue to use the property as it always has been. 31 . I planned to improve the property by replacing the existing trailer with a new office building. The plans and specifications of the building were prepared to conform with existing zoning requirements for density and set back. 32. Burnham Associates submitted its application for a building permit on April 8, 1993. The building inspector returned our application to us, stating that the City said he could not consider the application. 33. The foregoing actions and inactions by the City and the building inspector are causing us irreparable harm. Every day that we are delayed in using the property and proceeding with necessary maintenance causes us damage. We are prohibited from moving forward, and the conduct of the business is being impaired. 34. My intended use of the property is the same in nature, character, and degree for which the property has been used for the last thirty years. 35. My intended use does not enlarge or increase the previous use, and it does not take place on a different part of the property. 1993. Signed under the pains and penalties of perjury this ./6'� day of April , Craig C Burnham d ;•fP' loos 11472 �] 66 . •',i ^.,i' �'�' 1 jest 34 1,, •,;Y .. �• • WILL)•wn n. LTNSKEY of 16 xonayouckle Road Hamilton, Eseax 11" County. N luchueetta for conaldoration � alaeration of ONE HUNDHF.D AND FIFTY THOUSAND AND 00/1001 oon- .t, • .,:' (8160,000) DOLLARS grant* to CRAIG C. SURNNAM, TRUSTEE of THE r •'++i"•• FRANKLIN STREET REALTY TRUST UNDER DECRATION OF TRUST DATRD ,,, SEpTBN]lEf), p, W 1992 recorded herewith of 26 Dearborn Street, Salem, ..:'.d.l ? .1 Y, Maesachuaet to with quit clolm covansftta the land 1n Belem ■ituaated on the Easterly aide of Frankiln Street, and hounded ari deccrlhad a lollnwe: f. .. dafi:; i...,...:' ','t,y:ir•., '. MESTBRLY, X1..1 .. r by Franklin Street savantY-eight and tNant Y-eight .�;!�•' ' hundredth■ (7a.28) faetl �!' ,;;`,..$,Y ••;� , NORTHEASTERLYI by Lot S on plan he reSnalter referred to on two :4a u. • ,;; . ' :1' ` •'. courses, forty-five (46) feet and two hundred fifty-three And nineteen hundredths (263.19) feet SOUTHEAST&guy , by the North River, Elft y (60) festa and SOUTHWESTERLY, by land now or foraerly of George H. Griswold, r ,.,(• .,,�:•:' Inc., two hundred 4ixty-91x and forty-,1x hundredths (266.46) foot. 0on^talnfng 21,600 equara fest and being shown as Lot "A" an plan :..,;n- of Lend of Jn6rea J. Anketall, Franklin Street, Sele%, ,Jan. rrcor:l,.d +S th Essex Souch Dlatrlct Registry of Deeds, Book ,`T4-+.eq} ,e; ,:...:•'•, 6637, Papa 266. , f fLW; For Grantor'a title See doed from Naumkerg Yruat .Company dated •;`. ,y August 16, 1979 recorded in the Eeeax South DSa trlct Regietry of :,. u! !' t.',; Deede at ]look 6822, Pnge 663. Ea;'.i,• ' IN WITNES9 WHEREOF the partiea have set their hands and C �}'S•__ saa7a this 9th day of Septembar, 1992, `�t'�, 4�.:•. .. Ni 11�a M. -Llrtakey :..;(y ..,•,0.` _• : „{ .,, pONNONwRALT.H OF NASSACHUSETTC Z829K, on r .: ..: : ' .•_ : ; .September 9. 1992 Then. and parsurutlly appa!lrsd the above-namAQ, William M. acknowledged the loregolng 'Snatrgaent to l.Sncksy bq his free act and . - . . dead. before me, ''•� J1 . r, .'iti �.r �� om a;' Notary 110 >K b My Oo 6810n expires:—,J ".5 f S ..Ali{ t, r.r ! MICHAEL J. ESCHCOACHER 'j� j ,1i �. -.� �"�. ®®, C •.�>< •eu H61MY fUellC 1 JWY 96,119i. It n �ryyjj ^�r) f)F f JAMES J. ANKtTELL FRflNl/\LlW ST SALEM�MA -;S. I — _ SCALE IIN-40�1. JAN. 1059 / ' � � 6FCN SEHED SJR�'F 1'UH Sylld 1 E. .. �Z 3G tri cl .,j 1 � V C H �QTf. a -1t,1 T6 ...... ^_ 1 I �i t , 4 ti� 'A 7;�i7 To �ty . .t� fd 3 > +�• s y r E ie l� S1tH : i II z 1 � I I[ rp _ '4� �� — `ate "-V �� 1� ��, v ry m .8 � n �'Swe _ �� t"� \ � Y t� �{� - �� s �';} e � ru,�o.."; � 1 �. b a3 ' `{ ^ ' 1 1� F�� .F ..,fi. L. %^�� COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT ESSEX, ss. MISCELLANEOUS CASE NO. 19 a58o CRAIG C.BURNHAM TRUSTEE OF THE ) FRANKLIN STREET REALTY TRUST and ) BURNT-IAM ASSOCIATES, INC., ) Plaintiffs, ) V. ) CITY OF SALEM and LEO E. TREMBLAY, ) INSPECTOR OF BUILDINGS OF THE CITY ) OF SALEM, ) Defendants, ) AFFIDAVIT OF WILLIAM M. LINSKEY I, William M. Linskey, being duly sworn, do depose and state under oath and upon personal knowledge, the following; 1. I reside at 16 Honeysuckle Road, Hamilton, Massachusetts. I am the previous owner of the property located at 14 Franklin Street, Salem, County of Essex (the "property"), having transferred the same by deed dated September 9, 1992 to Craig C. Burnham, Trustee of The Franklin Street Realty Trust. 2. I purchased the property on August 16, 1979; my deed is recorded in the Essex South District Registry of Deeds, Book 6622, Page 683, a copy of which is attached hereto. 3. I purchased the property from Naumkeag Trust Company, who (according to the reference on my deed, attached hereto) acquired the property by foreclosure deed on May 14, 1979. Naumkcag Trust Company had foreclosed upon Silent Ships, Inc., whose principal was Gifford Russell ('Russell"). { r 4. On information and belief, Russell and his other company, Allstate Building and Wrecking, had owned the property before Silent Ships, Inc. Their ownership goes back to February, 1971. 5. On information and belief, Russell ran a boat storage and building wrecking company at the property. He began it in 1971 and was still carrying on this business at the property when I purchased it from Naumkeag Trust Company in 1979, although I do not know whether he had a formal lease with the bank, or was just a holdover tenant. 6. On information and belief, Russell always had cranes with wrecking balls on the property. He also used the marine railway and had equipment and boats to assist in this service. 7. On information and belief,before Russell, the property was used for large boat storage and repair. It was particularly suited for work on large boats because it had a railway going directly into the river, additionally, equipment and service boats available. The use of the property goes back to before the 1960's. 8. I own and operate a contracting business. I did not move on to the property when I purchased it, but instead rented it to Burnham Associates ("Burnham"). 9. Burnham continued to use the property as Russell did, and they purchased one of Russell's cranes. I also know that Burnham used the marine railway and tied up his barges and tugs to the seawall.. 10. In 1983 Burnham moved his business to another location; however, I let them continue to tie up to the seawall at the property and load and off load equipment from their barge. 11. With much of Burnham gone, I moved my business on to the property. My contracting business involves water and sewer projects. I have a lot of heavy earth moving equipment. This equipment was stored and operated from the property until 1986. 12. In 19861 moved some equipment to Jefferson Avenue. I then allowed Burnham to store a crane and other equipment on the property. Burnham's storage of equipment, and use of the property to tie up and load their barge, continues until the present time. 13. I sold the property to Craig Burnham in September, 1992. 14. Throughout the time that I have been familiar with the property, as described above, it has always been used for contracting business. There has always been heavy equipment stored and operated there, and the seawall has been used to tie up and service working vessels. 15. 1 am familiar with the nature of Burnham's marine contracting business. I believe it's use of the property is not different from and does not increase, the way the property has always been used. Signed under the pains and penalties of perjury this /Op/ 7� day of April, 1993. WILLIAM M. LINSKEY 6.72 Qc1/� y f SOU Y]' Y �tY]tlY CUNYO A 1 N t 1 1 UI 1 ltlA 4 .,, "' _^ ---`•+� i rnYnory on-;dil V esL'rh hslhr4! ,inder:lhe 'aws-of the_ Camioiuwe al thof•lla.�s rurisctrs md `tnvmrYtS Siu a, l>!ace o.(7busosss.:,t Il acx-Sth'eet, Salm Lsscx County,)& chusens �• for ipa]uha.aaat,pa>� +sa full op isidern0on of 1: aY' 11f0USA. + ANtI,00/s40 OOldc4S VA - ^rants to 12.t 1. I_aiin*1:' Liirslrey''- . of 15 Rap lex-topd Salem, Essex County, Massachusetts _•with 1]tittr(llllit ratiritunto 4c;aiv! in Salem sYivateY-on thy+ Eas teu t •, —•, - Y`slde of%Pragld.in S'U ce 1,�,jmd how+ved•:;! In'dcrihed a. follows: _ 4 - . _-- a�rxripiow m.l enc..nLnnoa, If�fl - WESTEMILY try` Prankliri Street, sevanty-eight and twenty-eight hundredths (78.25) feet; ' 401011VASTERLY ..:by Lot ll on .plan hereivaf ter referred to on two c(.urses, w " --forty-five (d-5) feet and two hundred fifty-three 'and - - jitilieteen hundn:dche (253.111) feet, respcctfvely; '• SOMNEASITRLY: by the•North River, fifty (50) feet; and w M SOVINWESTERLY .by land now or formerly of Ceorge 11. Griswold, tnc.; two O -F 'hundred-sixty-six Ott forty-six hundredths (266.46) feet. u{u Convin+ng 2C.;S.Oq square feet-and being shown as Lot A'on pian of "land Vr 01 JM-11's .'.' Ankete/1, Prankl U, StreVi, Sih;em, Jan. M..9", recorder' W[tb o awes South District Registry of Deeds, Snok 4537, Page 244. e4 t; For my title, see foreclosure deed from the Naumkeag Tram Company a 1 to t!.a 9a unrkeag 'frust Conip any, dated May 14, 1979 recorded in the (+ !ssex Sen ch District Registry of Deed,, ]took 6590 Page 43 � v k'} :n m ry tnifMAti!i 1jjfjrirllr, thesaid :'aumkeng Trust Cumpany + !+as Cause,' its Ior cite seal !o bt hereto api. L" ' ! ted and these presents to be signed, acknow!cdged and (e'iv:her.' hh its norm. and !x-half by Robert 0. Bachand its Vice (resident hereto duly authorized, this yb 77 t'xy of Al!gu,C in the year one thuusand nine hundred and s._vencytiuiina ' 1411ued and sealed in prereure of O .-.... iCal!fll{r 1G..'l:L`Uhl'. CUr^'A.`lY................... Y 7 ) TL 1�./.V.t..' i r ....7......... ... ................... .t....:.......... ........................ /. ^.U8ER7 0. ISACIIX 1) . LSCc %n'rvnGtl— ' .......... .lr........H.. COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRAIL COURT Essex, SS MISCELLANEOUS CASE NO. 19 aS B 0 CRAIG C. BURNHAM, TRUSTEE OF THE FRANKLIN STREET REALTY TRUST and BURNHAM ASSOCIATES, INC., Plaintiffs, V. CITY OF SALEM and LEO E. TREMBLAY INSPECTOR OF BUILDINGS OF THE CITY OF SALEM Defendants AFFIDAVIT OF CHARLES J. FERRIS I, Charles J. Ferris, being duly sworn, do depose and state under oath and upon personal knowledge of the following: 1. I am an officer of Charles Ferris Auto Service, Inc. a business located next to lot 403 of City of Salem Board of Assessor's Map 26. 2. I have operated the business at that location for 5 years and, prior to that, I was employed at the property continuously from about 1970 on. 3. I also since that time have observed the activity and usage of the property next door, lot 403 and often have "dropped in" to chat with occupants, Gifford Russell, Craig Burnham, and William Linskey. 4. I have examined the 35 paragraph affidavit of Craig C. Burnham dated 16 April 1993 and find nothing in it inconsistant with my observations and all facts stated therein are true to the best of my knowledge and belief. S. I have examined the six paragraph affidavit of Francis C. Burnham, dated 14 April 1993, and find nothing in it inconsistant with my observations and all facts stated therein are true, as far as from 1970 on, to the best of my knowledge and belief. Signed under tthepains and penalties of perjury this b 4— day of April 1993. CHARLES I F RRIS COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. TRIAL COURT LAND COURT DEPARTMENT CIVIL NO. 192580 CRAIG C. BURNHAM, TRUSTEE et al) Plaintiff ) Vs. ) CITY OF SALEM, et al ) Defendants ) AFFIDAVIT OF LEO E. TREMBLAY ON BEHALF OF DEFENDANTS Now comes Leo E. Tremblay who deposes and states as follows: 1) I am employed by the City of Salem as the Inspector of Buildings and .Zoning Enforcement Officer. As such my job duties include issuance of all building and construction permits within the City of Salem, conducting all necessary inspections in conjunction therewith, and enforcement of all zoning ordinances. 2) I am familiar with the business activities of Burnham Associates, Inc. as they relate to the use of Lots 423 and 403 (as previously identified) and I have read the various affidavits filed in this case and related cases. 3) On or about April 8, 1993 , an agent for Burnham Associates, Inc. submitted to my office an application for a building permit in order to construct what appeared to be an office building on said Lot 403 , also known as 14 Franklin Street. 4) Pursuant to instructions from the legal department I did not act on said application because of criminal violations occurring on said property by Burnham Associates, Inc.and because of authority granted under G.L. c. 40, § 57. 5) In addition to the foregoing, the application for a building permit by Burnham Associates, Inc. would be denied because the petitioner's present use of the premises and its everyday business activities constitute an illegal use of the premises as defined by city ordinance. tj . s 6) I have seen no evidence establishing that the use of the premises by Burnham Associates, Inc. is permissible pursuant to any applicable "grandfather clause" . 7) Burnham Associates, Inc. has not requested a hearing before the City of Salem Board of Appeal or required by G.L. c. 40A, S 8, regarding its inability to obtain a building permit. Signed under the pains and penalties of perjury. Dated: May 1993 / Leo E. Tremblay Q cosbalc5a 2 Ti#u II# tt1em, ttssttcl�ttsQ## �ublit �rapPxt� �P�ttrfinent ,,s � `c? �lltlDtY[$ �P�J}1YtI:tPltf John Pofuers 5 Proub �$trert 745-nzi3 August 25, 1975 Silent Ship, Inc. 14 Franklin Street Salem, MA 01970 RE: 14 Franklin Street Gentleman: In response to complaint from the Salem Fire Department and our own subsequent inspection, we find that the two trailers poised on the roof of a building on your lot present a safety hazard. As owner of the premises it is your responsibility to maintain your property in a manner which will insure the safety and health of persons thereon. Will you kindly see that these trailers are removed immediately. Vary truly yours, Assistant Building Inspector DM:tc cc: Neptune Wrecking k ` �onmq�Q 1111tu of r o Iliblic jJrvVertg Department �lnihiuy �e��trtinen# Richard T. McIntosh CERTIFIED MAIL (OIle _'�>Anzt Green RIS-0213 June 15, 1982 Linsky Construction 14 Franklin Street Salem, Massachusetts Dear Bill: Please be aware of the fact that you are in violation of the Zoning Ordinance of the City of Salem (copy enclosed) . You are therefore required to Cease and Desist from your illegal use of the trailers immediately. Failure to comply with the above will result in this matter being pursued through the District Courts for whatever action they may determine. Very truly yours, ✓7 Richard T. McIntosh Zoning Enforcement Officer RTM:bms cc: James Fleming Councillor Ward 6 Enclosure: (1) 1 ew 4 . COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT ESSEX, ss. MISCELLANEOUS CASE NO. 19 a5$O CRAIG C. BURNHAM, TRUSTEE OF THE FRANKLIN STREET REALTY TRUST and BURNHAM ASSOCIATES, INC., Plaintiffs, V. CITY OF SALEM and LEO E. TREMBLAY, INSPECTOR OF BUILDINGS OF THE CITY OF SALEM Defendants AFFIDAVIT OF FRANCIS C. BURNAHM 1. Since 1953, 1 have resided at 26 Dearborn Street, Salem, MA which is about three blocks away from 14 Franklin Street, lot 403 on city assessors map 26. 2. From 1948 until 1980, I owned and operated a marine construction business under the _ name of Burnham Associates. 3. All facts stated in the 35 paragraphs of the affidavit of Craig C. Burnham, my son, dated April 16, 1993, are true to the best of my knowledge and belief.' 4. 1 have direct personal knowledge of how the property, lot 403, was used since 1953 for several reasons: a) I have passed by said property via Franklin Street almost daily since 1953 and also dozens of times yearly on board vessels/barges in the North River behind said property in the course of operating Burnham Associates, plying the area docks including lot 403. b) I know personally, and have done business with the previous owners of the property, James Anketell, Gifford Russell (principal of Allstate Building and Wrecking, Inc. and Silent Ships, Inc.) and William H. Linskey and therefore have had first hand observations of how the property was used. 5. When Mr. Anketell purchased the property in 1958, he immediately proceeded to operate on the property a boat/vessel hauling, storage, repair and docking business and also constructed a marine railway into the North River at the rear of the property. He also had trucks and various kinds of other machinery on the lot used in the family business including lumber sales. 6. When Allstate acquired the property in 1971, the magnitude of marine use of the property increased. Large cranes, earth moving equipment and trucks were stored and maintained on the property, filling it to capacity. The marine railway was improved. 7. When Silent Ship, Inc. acquired the property in 1974, the same usage of the property continued without change or interruption until 1979. Signed under the pains and penalties of perjury this ID TN day of April, 1993. FRANCIS C. BURNHAM / 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 asl 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 . 18 . 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 \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, I 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 SBO #112970 y to of a1CM' Ansoar4usetts � . y � ,: 3 �uhiit �rnpextg �e�ttrtment John P. Pofuers 5 ProttD *reef 745-13213 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. Vary truly yours, 44,4;—e �' Assistant Building Inspector DM:tc cc: Neptune Wrecking k16 (fitU of ',�tt1Em, fflazszIchnsoft� '•�r"•��`_ �lII�TIt$. �L' P�Jttr#ITtCYT# Ja1Tn �. �3ofners S �runD �freef zap-nz i� 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 ,,11 r 7 tai [IUIL01HC1 11 T Commission Conservation f' Salem Massachusetts 01970 t� p !F• Telephone (617) 745-5056 F� 06 I'M H '�nfa55` RECF*IVF D CITY OF :ALEtA,tIASS, 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. ! � d)` Gt Bradford Northr �b Chairman �r� Conservation Commission U Salem, Massachusetts 01970 y��2j1c`�J5 Telephone (617) 745-5056 ASS, 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. adford Northr Chairman a � .. %�'�: � �l uGlir rII ext a ttrtmPnt ! p s Punin$ PepartT ent Richard T. McIntosh One Salem Green 745-17213 August 13, 1981 William Linskey _ Linskey Construction P. 0. Box 891 Salem, MA 01970 RE: 14 ranklin t. Lot 403 Sal , MA 1970 Dear Mr. Linskey: As the result of nonconforming ui of land being discontinued for a period of twelve secutive months at 14 Franklin Street, Salem, MASsacsetts, any sub- sequent use of such land shall confo to the regulations specified by the Salem Zoning Ordin n e in which such land is located. Therefore, this is to inform you at 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, os ph M. Yubas Assistant Building Inspector JML:dime cc: Susan Madison `oN i, 1 IL�IrK� �f�hT z Conservation Commission ." X Salem, Massachusetts 01970 y�"`L 1 V Telephone (617) 715 5036 AS,:, III Ay 15 10 45 AA B0 . RECEIVEO - - CITY OF SALE41,HASS. 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. - - f N hrup Chairman FORM 4 G�/C�l'i ear j { ORDER OF CONDITIONS 9� n W E T L A N D S P R O T E C T I O N A C T ? C/j y op 5 L -ED G.L. C. 131, s. 40L�'l'li SS -•----------------------------------------------------------------- CITY/TOWN SALEM, MASS. 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 ran & Marten railway, 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 COMMISSION 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- �� ,,........ H 7 T a N G . 7 1 . M U,.L; U H U I FORM 4 - - ;� U o a i O C - C C N b O O0 M � O w C ORDER OF CONDITIONS CONTINUED FILE NL`:IIDER64 66 _ q o 2. This order does not grant any property rights or any o 0- 10 TPI . sive privileges; it does not authorize any injury to U `� c M 0 o property or invasion of private rights. u H w C C- u . Z 3. This order does not relieve the permittee or any othe o U ° N r ' son of the necessity of complying with all other app] y+ a 7 c r r federal, state or local statutes; ordinances, by-laws m v v or regulations. o m H W ca o o m C U W 4. The work authorized hereunder shall be completed witt. O .° u (1) year from the date of this order unless it is fox o M o rd maintenance dredging project subjectto_Section 5(9). ... w - g - order may be extended by the issuing authority for or, o 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 filly 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. _2_ NORTHEASTERLY, 1301 , 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 551 , 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 a:+'.al-rias rf 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, .2551 , more or less, thence turning and running; NORTHWESTERLY, by the NORTHEASTERLY sideline of Sumner Street, and North Street, 12751 , more or les-r, 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 council March 28, 1985 Council prPSi(1Pnt, to schP-lvle hearing in near future Public Hearing held April 25, 19R; In city Council May 23, 1955 Planning Beard reoc mendaticn received Ordinance tabled for 2 weeks by roll call vote of 9 yeas, 0 nays, 1 Present In City Council Jhne 13, 1985 Ordinance taken frau the Table Adooted for first passage by roll call vote of 8 yeas, 2 nays, 0 absent �im mediate reconsideration in the hopes it would not prevail was denied Advertised in the Salem Evening News on June 18, 1985 In City council June 27, 1985 Adopted for seoond -and final passage by a roll call vote of 9-yeas, 2 nays, O.absent notion for-imnadiate reconsideration in the hones it would not prevail was denied (Approved by the Mayor on July 1, 1985 < `-Advertised in the Salem Evening News on July 9, 1985 ATTEST: JOSEPHINE R. FUSCO CITY =K 1-30 �--�-� �� ,I I , � --_ 1 . � 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 \092191 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 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. - 11. The work. shall conform to the following described plans and additional conditions. f. The Commission has determined that the work and the area is significant to storm damage prevention and issues the fallowing order: 1. Except as modified ed by this order allworkshall be in accordance rdance with drawing titled Plan of Land in Salem Mass 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 ' e o ' the mean high water line (elevation 16mlw) . The f' 7 sorted and all items prohibited in Section 5 shalfb _r` moveiYxom `v the site. 3. The remaining. fill shall be spread on the sitG 'aad":use ;a"s•' e• required for the proposed work. 4. The proposed rip rap on the bank shall. be constructed"b'y 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 the 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 i The applicant, any person aggrieved by this order, any owner of land abutting the land upon which the proposed work is to be �y 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 Engineeringprovidedthe request is made in writing and by certified mail to the Department within ten (10) days from the issuance of this order. / a� � ISSUED BY-SALEM CONSFRVATTOVCt1iISSION/ :this _ 22nd day of. May 19 80, ,before me personally apI)gl i'•,,h- the above i erGnnc. . . t0 me . kpot;p I£/ riv the person described in, and who executed, the foregoing and acknowledged that he executed the same as his free. act city Commission expires 6/26/86 DETACH ON DOTTED LINE AND SUBMIT TO THE ISSUER OF THIS ORDER PRIOR TO COMMENCEMENT OF WORK. TO _ _ (Issuing Authority) PLEASE BE ADVISED THAT THE ORDER OF CONDITIONS FOR THE PROJECT AT FILE NU'fBER , HAS 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 Signed Applicant -4- I Ut-a jaf �atem, �� °'' ler#rirttl �eptlr#me1�# 9 �z AH 'e� Paul A (Tuttlr cityF sa I VED Tire �lusprifsr MASS. 44 Xafagetfe jf. Salem, Anss. 91970 Area CIabe 617 745-5300 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 , Pau l M . Tuttle l9 Wire Inspector c - Owner of Bldg . Mass . Electric Co . Building Inspector Health Dept . Sea & Land Designs CERT . MAIL #P20 3762758 PMT/ml �GOX DIT41.0 IOEItv II �I�Lllt, c� Sc�L'I�UPtS i a �u61ic ��ra)1er#u r1e��r#nteu# ,EfiIMIH O��' l� till>ltt l� ,�Ey Llr#�ji�\# Richard T.'McIntosh (One -5.drm (Grern - i,13-[1213 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 RIM:bms Enclosed: Copy of letter to Linsky Construction dated 6/15/82 BUILDINC !DEPT 3 � 01i#V of "inlem, fflassar4usetts RECEIVED Llepartutent of jJublir Pnrkr CITY OF SiLEH,f4ASS. One 111�nlem (green 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, I 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, aydko A. V. Fletcher, P.E. City Engineer Director of Public Services AVF/cc cc: Chief Brennan {C10\ Cour _ �i '- Conservation Commission s. Salem, Massachusetts 01970 Telephone (617) 745-5056 �'it ASS; �'� 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 Northrup Chairman (lith of 6aj1 m, �nfjn �3. �,3ofaers S �TOc7� p8lfTPPt zap-nz i J 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 of �ttlem, mttssttr4usctts ' f`a Public Propertp 19epartment +Nuilbing Department Mne I�Wcm (5reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer Section 116 . 0 DEMOLITION OF STRUCTURES Structures over fifty ( 50) years old must have approval of the SALEM HISTORICAL COMMISSION UTILITIES DISCONNECTIONS REQUIRED Authorized Agent Date of. Disconnection WATER : ELECTRICAL : GAS : SEWER : DIG SAFE NUMBER : PEST CONTROL ***DOCUMENTATION OF ALL THE AB0VE MUST BE ATTACHED BEFORE PERMIT CAN BE ISSUED Fee for Demolition : $ 5 . 00 for application plus 52 . 00 per 100 sq . ft . gross area , minimum $ 15 . 00 •�::. '"` '\, ♦ >.��..e 4$' ♦ +,tf.�44 .play'.' r° :�lh-. � y'+�'9 z-` •1,n}+.�r._�,, r ,+xaf 3.♦ -; •t -_ .� �:�p 4r4 a:.+s-r ,ro, >"2' /_ . ' } .. z � eVA KSw�tL'�an'u..4v`:e� `.:�. � -.:1•zr. �. .:i Z f .1:' �...>, sr.r >.• :t 2r/' ,.. h+�'� �:X.+7„' Ya,• Y v r,ny �iy.. > n-�r1_+�151,�1'.!+' I i 1 •�+�>.�.cSrlHl• . �r 760 CMR: STATE BUILDING CODE COMMISSION -. SECTION 115.0 CONDITIONS OF PERMIT ;I I �•,,•,., code: The permit shall be a license to ? 115.1 Compliance with proceed with the work and shall not s of the cancel or set aside any provisions ied as authority oth�s ¢ r to violate, modification or legally code, except as specifically stipulated by .�.�, " i granted variation in accordance with Section 126.0. _ work shall conform to the 115.2 Compliance with permit: All liration and plans for which the permit stamped or endorsed apps roved amendments thereto. has been issued and any pp 4 115.3 Change in site plan: A lot or site shall not be changed, increased or diminished in area from that shown on the official;s a revised site plan, as specified in ection 113.6. un,le-- by Ute necessary affidavit of ':I •I I - ;� - ,;^ showing such changes accompanied roved. I I �• t; t owner or applicant shall have been filed and app I � � . Exception: A revised site plan will not be required if the Cr r change is caused by reason of an official street opening, I - street widening or other Public improvement. I Zp- } SECTION 116.0 DEMOLITION OF STRUCTURES Ij r`0 or structure can 116.1 Service connections: Before a building the owner or agent shall notify all f be demolished or removed, the y. utilities having service connectionswithinsewer and other connec- 3--• (. . �e such as; water, electric. g or structure tions. A permit to demolish or remove e'bufldro shall not be issued until a release is obtained from the utilities• Chet their respective service connections and appurten- statmg such as; to and regulators have been re- ant equipment, 17' ' moved or sealed and plugged in a safe manner' ' when a building or structure has been 116.2 Lot regulation: operation has not been demolished or removed the vacant lot shall be filled with non- ` projected or approved, with adjacent _ organic fill. graded and maintained free from the accumulation + grades. The lot shall be maintain which of rubbish and all other unsafe or hazardousrovisfonsnshall be R endanger' the life or health la the f water Pto made to prevent the accumulation of water' or damage and the necessaryfoundations retaining walls end fencesor the shallbe property; eeted in accord- aneswiith the provisions of Article 13. ; SECTION 117.0 MOVED STRUCTURES L�'I {H 117.1 General: Buildings with the Provisions into Pr'ovi ionsothis or wi ode the jurisdiction shall complyy 9/1/80 II Utu III j&l= ::,T a=Sud?l[3ETT �;�__rlr' :;.tr: �e�a:?_tzni :iesilu�rirrs u3TY.19 � _ �Yt:t:t.TZt SFPR ;29C In accordance with provisions of General Laws of the Commonwealth of Massachusetts and the Salem Fire Code, the following regulation governing the demolition of structures within the City of Salem shall be followed. This regulation is made in the interest of fire prevention, to prevent conditions which are or may become dangerous as a fire hazard, or are otherwise in violation of law. 1. Before a structure can be demolished, the Salem Fire Department Shall conduct a preliminary demolition inspection, to ascertain any conditions which may require a fire watch or other preventive measures, to be taken before, during and/or after said demolition process. 2 . A permit to demolish or remove a building or structure shall not be issued until said inspection has been conducted, and a report of requirements necessary for prevention of fire and life safety hazards shall be obtained by the applicant for the permit. 3. The requirements outlined in the report shall become a part of the restrictions portion of the demolition permit issued by the Building Inspector, for compliance with the Code. 4 . The inspection report shall include, but not necessarily be restricted to the following: A. Welding and cutting permit required. B. Fire watch to be maintained by a professional off-duty firefighter, with such equipment as determined by the head of the Fire Department. Per Order: Approved by : fp Lieut. David J. ggi Salem Fire Mar al James F. Brennan, Chief Salem Fire Department (8/76) Maoselchusette Arph belont of Eertromaoeht Mtection t 56245 Bureau of Resource Protection—Waterways I•••••-•••- -••• •aterwap Liogesto far Interim Approval: Uan.mnmo _ BRP WW 01 Eeeept taropeb Miect to Amnesty I P WW 02 Watenrap Lieetw or Interim Approval:Amnesty projects Wily ID(I Anom BRP WW 03 Watervesp Amendment to License or Interim Approval General Waterways Application r Municipal Zonlnp Certificate ►Yeeerypeor "WXWryw�n Print Cindy ea blsrmeaon prgrided on this ...._...__..........CS, ig tam. IAMr P"IW sew arm ......Salem,..1V1A............................................................................._........._...............................................-..............................._. Nnrth River - �4 _.................Maintain..existing..fdl..&..seawall........................._......_........................................................................................... a�npae a o++cmw or r wee in s ..................................................................................................._.................._.._............................................................................................................ ......................................................................_........................._........_..._.._._._.._..._................................................................................................. .................... To be completed by municipal clerk orappropdate munldpa/official. I hereby certify that the project described above and mon fully detailed In the applicant's wabnrrye Ikeme appthatbn and Plane IS not In vloYlbn o1 local zoning ordl unces and bylaws. Repair r of existing seawall is not in contravention of the local Zoning Ordinance. However the City of Salm disputes the legality of the present use of the premises try the applicant. n--r... -...._.._.__..._—._.._...._...._........._._..... ---- —..—.—._......................... er+erww�rranav rarawnrnreyroad Leo E. Tremblay Building Inspector, City of Salem rte One Salem Green Saler, MA 01970 dy/lemd May 26, 1993 FAV.141 Page 5 or 13 1 Maasetchusetts Department o/Environmentet Protection 56245 . Bureau of Resource Protection- Waterways T ansmitlal BRP WW 01 Waterways License or Permit Approval: —� t Except Projects Subject to Amnesty ! BRP WW 02 Waterways license or Permit Approval: Amnesty Projects facil ty ID(,ii brown) BRP WW 03 Waterways Amendment to License or Permit Approval General Waterways Application b•Irotroe- pp.12 be ore &13 before Project Information a�a completing section A-D of 1. Which permh category are you applying for? 6. The water body at the project site is: this form ❑ BRP WW Ot �(BRP WW 02 ❑ BRP WW Ola (check 1 or more of both a 6 b) r emu a h.............1 A. WTidal ❑ Filled Tidelands ❑ Great Pond Or ssxA 2. Applicant Franklin Street Realty Trust ❑ River/Stream ❑ Uncertain ........— — "-'-" i c/o Craig C. Burnham b. 5KNatural ❑ Man-Made ❑ Uncertain M1erMM i ................................... i :bre w+•^•` 26 Dearborn Street ?. Project description roue" .......... ,cher: Maintain existing fill 8r, seawall. Salem, MA 01929 ........... ACDF Ye Ciy/IOM Swr ....... 508-7_45-1788 ......................................................... ... .............................................. 3. Authorized agent ............................................................................................................... 3T>litll.arail..ki....K,G Asail,ey............................................... 8. Proposed use(check one or more of both a and b)• _.......Two,.Breakwater Drive a. ❑ Private 19 Commercial ❑ Industrial ,yS� "`""... ....................... ❑ Government ❑ Facility of private tenancy Chelsea MA 02150 ❑ Other(explain below) ...............................r............................ ............................................... b. 0 Water-dependent ubnoan aw ❑ Accessory ry ❑ Nonwaler•dependent tremone 9. Description of existing and proposed use(s): 4. Property owner .................Access to fvate'ray:4.........................._... _.. E.ispl l .�.. treet._Realty_Trust.....__....... More ._...........-........_...........................................I..................._ same paoarrBUTS a6rrenrmeaex7l _.........._....................................................................... ---•—' - -....._..........._._.._.............._. t,preanboryrelaasrp� - .......... Map 026 •...___.•..•__....._.Parcel 403 10. Will any public beneth be derived from the project? tdaarrl diva armtirrya 14 Franklin Street ❑ Yes W No ❑Uncertain - — --- -- — ❑ M answer Is'Yei,ex rao,smrmsrrausrl plain below. Salem Essex Commercial access waterways pyrzo.n carp. — ------�----.___.....--'--'------ 5. Name of the water body,and the wafer body it k a — tributary to,at the project location -.._ rth River .......................................................................I................ Page 11 of 1s N/awe+�tepfy pMriMNf�/BErtwfhl MbotlM I 56245 Bureau of RWOUMO Arofetwon-WSWWW F Iwi I BRP WW 01 �,ft2PO��jeo+l abA=t"yl` L � 1 BRP WW 02 w.brtrape Uewe or hlbrhe Ao0runl:Atmteetr f4e1u:te y to re ""► ORP WIN OS wakarseeNa Amendment to Lbos"rrr liftrim Appresat General Wifenvao Appllcdlon 11. for nA a Ospe eddd projects attseh$dd~t 16. Y ibis appaaallen la an Amr»ely Mwkn ApprwNl of loft Nd f Ale I Inkmatbn;low IM P*d N O Ya W No owals"w1h IM C MW iww klrnla M/roerem N'Yw',submit plan prepped In woerdnes web Apporift peldoo,and hew 1 Ural a Few PUMID pnepow and A prevNw a era for bw*M than a dohinold to ew publk'0 defile b lldolad$and ereat ponds., 16. AWO Wmddy how fell WE l tale to swnplete IM N/A pre jeN after al required psrmNs hnw bw laauM7 -- -- -- ......._..... - ...... - ---.._.__..._... N/A .. ..._..__._. ....... _.............. 1 r. Whet Is The e ppr"lmwe IrAel mel of the pre)etl(NcludNp matoWe a Yhert7 IT. WIN time bowl dlachuge(ill"dbed or Indirect)of - 0 - Waves U - wads material or wwate wool Mo ewe eedm Item the eonslructbn or operation of IM projectl El Yo P/No la. to IM protect she loceled within one or more of IM Iolhwln0l N O 13. tow you Windmill applied to.w obtained a permit or O Arae d Ghkal EmlrenmeConcern other suglorlsllen Irom.any seem OnlwMate.Eeddpl. e4111e,Of LowQ for any porno"of the proal daw6ed M O Oean eanetuary thh$ppkdfen7 O Oedgnated Poll Area O Ya � No O Unoerlaln O Uneertsln N'YM',provide IM following Information:(sRaeh• separate sheet for dupler of 16=044 for IM properly. Y 1a. IM poject N klpalhW she s muny with a sapproved le the Plan? Nd Nana numbers.dates is ; er sued and recorded,book and / psae)• O vee ❑ Pian Under RevYw O No lni�1_r,..�w�.r,., See attached sheet N yes,Y 1Me proposel comlelenl with the pbnl dal►r psosuAlsq - - ---- - - - O Yes CI No ►nprr tdw. -------- 70. AN losnen issued by ers Deparlmsat will wrrUln a mW kW sbdnl IM lam fa which the katwo Is N eMed. nRr --------- N 1111 adw4W Will Is"ad,aeaeh trip so 1 e doeumor MIM w fewhed by 310 CMA e.1e(1)(bF(dl ad shacb hats. O INd apple"to wdr it psi @M artmesty AeYsrl/ -- Mslscts) baasar s+ — 11. List Ow some and oemplds ewo arbitrates of nth$better ' tdtssh rem-, rad wheats.N wseasery) 1 t. 11a wry weir sa eman d or ha any pwllon of IM W*1 for wAloh You las slew ould"sPMsvol been - ------ -- - - ---- — sanpMod9 O Yoe No _._ Set-. attached_.- sheet N-YM-.dew .bo who IM work we ownpNted aft wed pals IM wak. MNo aMaslp NNorMbla M icor NOV"M/ V: fhd scathe M re earl ubm lora Dean - - - - -- - _—- MclplrlW rMl Mott ei"IN pnpad.) IYv tilt ►cgs f d 13 MerseOArMfb Agarlt.Mf a/ln�olrarfalMbdtlNr (I Bureau of Aesowce Protection-Walerwgys - frenemtYul� BRP WW 01 111111 .w a.e"d•;;o+bleft, Awful` boapt1 BRP WIN 02 Wetertetm uoa..or Inde w Awful: Atonally woods Facility to cif Anetrnl BRP WW 03 Watortup An ailment Its Mono or IrltorMo Approval General Waterways AMUCallon 22. If the project conslels of the maintenance of addition of 24. WIN the docking facility be equipped to offload sam a from len bertha or more,Indicate IM number below boats? Wei ftrage ay Shape a yes o No N/A A existing slips N/A 25 I have attached project plane in aceadanos with the B. proposed or instructions contained In: additbnsl GNPs: N/A O Appendix AQor Interim Approval ttppeatlons) 23. WIN Petroleum products or other hazardous mater4ls be O Appendix B(for Permit applications) stored or handled aI the docking faclIty7 P(Append4 C flor License opplicMiona) a res o No N/A If ins',note on the application plane and describe on a Appendices A we lound on pp r of this Apdkstton eeparale ehael any melhod(s)that VAN be used to prevent Package. Possible spills,fires,explosions,eta Cedifiestion a AN applicants.property ownsre and authorized @game must sign this pigs.AN future appNation correspondence may be alguad by the auMand pant alone. I hereby make application for a permit or ikenes to suthatre the actbNtse 1 have dsseribed herein.Upon my signature,)agree to allow the duly sulhabed repreumnlves at IM Magahrreeps fisparurtenl of Emrkonmemsl Praedlon ale the Massschu• castle Coest@l Zen@ Management Program 10 enter upon the premises at the project site at reasonable time$for the purpose of Insp@ellon. I hereby certity that the Inlormothn a Med In this application Is true and accurate to the beef of my knowledge. 919 ANaara at low C si%C. Burnham, Tr tee --- ----- -- - — --- -- Araerraarrt Craig C. Burnham, Trustee eF k rlrrreer William H. Kelley ............._.....---...........................- Ileo. tilt pop a of to MMUChusetfs Dep dment of EnrUwMedsi Protectlon 5624.5 Bureau of Resource Protection—Waterways TwnamHtal 0 t Waterways ct jtmmnBRP WW 01 o ets or Interim Aesty BRP WW 02 waterways ucense or Interim Approval:Amnesty Projects Faceny Io(i Anown) BRP WW 03 waterways Amendment to License or Interim Approval General Waterways Application Waterways Dredging Addendum Mass type or 1. Waterways File print Beady all N/A Information provided on this form. 2. Provide a description of the dredging probd. .................................................................................................................................................._.....................—.._..................................................... 3. What Is the purpose of the dredging? _.........................................................................................................................................................._......................................................__......._......... 4. What Is the volume(cubic yards)o1 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). ......................................................................................................................................................................................................................................... r. Applicant --............_........ ae Rev.trot Page 4 0113 Maeeaehosaf/r Oapa►Oeent e/Enrketaeaabl IVobatlon r —_—. 56245 Bureau of Resource Protection- Waterways - BRP WW 01 traterware utrara er Interim Appremi: lranunrnaf� I beept tarejech Or to Aaateery BRP WW 02 watery ueemertnarim ....... __.. are Apprerel:Amnesty rropch FieNMy ID D(Il(NAnown) BRP WW 03 Wetetleors Amendment to ueones or Interim Approval General Waterways Application t Municipal Zoning Certificate ften type or nw.yenr to print cleerly eI klowson praeldM on this ...._..._.._........Craig C-..BarnJ=,..Tnrctee..... _.-------...—._._.__.....—._.._._._........._._._............................. Aim. MM@f ems+ 14 Franklin Street nMci wren eewm ..........................Salem..MA............................................................................_........._..............................................._....................................... c�yno.rr Nnrth River Ninny ........................Mainlain..ezcisting..fdl..&..seaw.aU............................................................................................................................. cempa,dprap®dM arOM MUN ......................................................................................................................_.._........................................................................................................... . ......................................................................_........................._........_..._.._..—._.._..._................................................................................................. ..............................................................................................._.._...................._._....—__.._.._.._...__...._.._................................................................. To be completed by municipal clerk orappmpriate municipal ofliclal: I hereby centy that the project described above and more fully detailed in the appliceWs watermye license application and plana le not In violation of loot zoning ordManaa and bylerve. Repair of existing seawall is not in contravention of the local Zoning Ordinance. However the City of Salem disputes the legality of the present use of the prenises by the applicant. _..........._.__...---._..-------- ..._.........__......._..— — _.—...—...._._......................... nrreen.reeNewasa Leo E. Tremblay Building Inspector, City of Salem te► One Salam Green Salem, MA 01970 t/y/lomr May 26, 1993 NOV.IAt Pegs 5 d 13 Mausacfrasetfs atrpirbnnf e/6niererrenfil hebcBon I......._56445... Bureau of Resource Protection— Waterways r�a�.mmi ........ BRP WW 01 waterways Ucntee or Interim Approval: t Except Projects Subject to Amnesty BRP WIN 02 WaterwaysUcertse or Interim F&CRily to(KJnoom) Approval:Amnesty Projects BRP WW 03 Waterways Amendment to License or Interim Approval General Waterways Application Municipal Planning Board Notification plea"type or print - ckarlyalllydorma• .............................................._....................................................----------- ton provided on Ouse qe form. Craig C. Burnham, Trustee Wolin teAprlkaM: 1Mea�paor„ ------- - Thte Municipal planning amid Notillution rection 14 Franklin Street mutt be tubmhkd gertcr~aeurm .. _ - .. ._ __...... along Wth the original application materials.If it _ Salem. MA--__ cannot be signed by C/N/TO- the appropriate municipal official at the time of delivery, _........... ...North . ........_.._ . ... ................ the applicant should W&" wait until he or she naives the executed signature before submitting the completed of oEpten package To be completed by municipal clerk orappropriafe municipal o�clat. I hereby certify that a copy of the completed waterways license application and plans described above was submitted by the applicant to the municipal planning board on .. nary come _.. ..... ......... lhnd- .......Madwr........... ... Sbranaen _ ... _._. .................................................................................................................................................................. vary __......._........... __... ........... cN'/Iean car ................ _...___......... .. ._....._.........................—---- . ............................... ................................ ......... Rev. 1Af Pipe 6 of 13 PERMIT APPLICATION BRP WW 02 ransm�tte Franklin Street Realty Trust C� 14 Franklin Street, Salem. MA Facirity tD (i/ knownl ADDITIONAL INFORMA'1l N Question #13. Chapter 91 licenses for the properly. License # Date issued & recorded Book and Page None found PERMIT APPLICATION 5624 BRP WW 02 ransmtta Franklin Street Realty Trust 14 Franklin Street, Salem, MA ADDITIONAL INFORMATION Question #21. List the name and complete mailing address of each abutter. Block/Lot Name Address 026/402 Edward Ferris 18 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 Franklin Street Realty Trust Faci6ly IDG known 14 Franklin Street, Salem. MA 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. \I PERMIT APPLICATION 56245 BRP WW 02 ranam ue Franklin Street Realty Trust FaciA�y jo fir 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 Fecvrtty� tknow f� 16 Honeysuckle Road 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 L�t�z� 1-2 /9" ��o�a�i a/ PERMIT APPLICATION 5624 BRP WW 02 ran�sm[as Franklin Street Realty Trust 14 Franklin Street, Salem, MA ADDITIONAL INFORMATION Conservation Commission report of status CITY OF SALEM, MASSACHUSETTS PLANNING DEPARTMENT ic'uxar�-\ A WILLIAM E. LUSTERv� * ONE SALEM GREEN City Planner Il btu 01970 (508) 745-9595. EXT. 311 FAX (508) 744-5918 '�brn,xep^' 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 . in rely, Wil iP am E. Luster City Planner cc: Ron Potter , DEP Kevin Daly, Salem City Solicitor EX\DH\KELLEYLE.TTR . I FORM 4 ! ORDER OF CONDITIONS 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 ------------------------------------------------------------------ CITY/TORN SAI,t,'`' SASS. 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 riprap & Marine railway, dated THIS ORDER IS ISSUED ON (date) May 22 1980 2/1/80. 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 COK-JISSION 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 O u a .. u u u FORM 4 ro 3 t u - C C O O O U N C ORDER OF CONDITIONS CONTINUED FILE NU?BER 64-66 C C 2. This order does not grant any property rights or any o p v sive privileges; it does not authorize any injury to u ro u m ' property or invasion of private rights. . u N N C 3. This order does not relieve the permittee or any othe o u F u son of the necessity of complying with all other appl ��' 4 u > federal, state or local statutes; ordinances, by-laws T � V r or regulations. o e� ro w �c v o C 4. The work authorized hereunder shall be completed witt o (1) year from the date of this order unless it is for Cnw o maintenance dredging project subject to Section 5(9). O .O order may be extended by the issutng authorlty for or 2 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. -2- ORDER OF CONDITIONS CONTINUED FILE NO. 64-66 10. Upon completion of the work described herein, the applicant 'S shall forthwith request, in writing, that a Certificate of Compliance be issued stating that the work has been satis- factorily completed. 11. The work. shall conform to the following described plans and additional 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 Mass 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 .3U1fejt of the mean high water line (elevation 16mlw) . The fi3l shall he ' sorted and all items prohibited in Section 5 shall be .iemoved. f tthe site. xom 3. The remaining fill shall be spread on the sitQ and tise3.,as' ` 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 the Mass. Department of Public 1Jorks 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 coater 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 in writing and by certified mail to the Department within ten (10) days from the issuance of this order. ISSUED • l =N /�/fit/�/' On this 22nd day of May 1980, before me personally ,app4,l to me h rel'••, the above ercnna _ kfio±:a1 ty' ere the person described in, and who executed, the foregoing i '.'ihparcmznt •'and acknowledged that he executed the same as his free act nLGrlly Commission expires 6/26/86 DETACH ON DOTTED LINE AND SUBMIT TO THE ISSUER OF THIS ORDER PRIOR TO COMMENCEMENT OF WORK. TO _____ (issuing Authority) PLEASE BE ADVISED THAT THE ORDER OF CONDITIONS FOR THE PROJECT AT FILE NUMBER HAS 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 S11"ned Applicant 4- ' s6ays ranam KMARINA F�;�C- ,�, DI"VE1,0I'M ENT CO. 2 BREAKWATER DRIVE. CHELSEA,MA 02150 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: Mau: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 tiles 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. Vey,/ incerely; Enc: Assess. Map William H. Kelly,; Agent for 0 1' MARINAS - FROM CONCEPT TO COMI' FTION 9617-88,116811 • FAX 1117-88d-1 10:1 (�i u of ' tt eot, tt sMl �tse#ts �.��aa '�(ettriral �epttrtmlmt �1<lilX (Qity flertrirtan 44 Tafagette o$t. $alem, Anes. 01970 Area 4IaDe 617 745-6300 January 2 , 1997 Craig Burnham Trustee Franklin Street Realty Trust 26 Dearborn Street ! ` Salem , Massachusetts 01970 Re : �1-4^Frankl,i_n _Street L _ Dear Burnham Associates : Please be advised , failure to follow the City Ordinance Building Codes and take the necessary action to correct the existing Building Code violations will result in termination of electrical service . Your cooperation in the above matter will be greatly appreciated . Yrs ptrul Raul M. Tuttle City Electrician PMT/m cc : Leo Tremblay , Building Inspector BIJRI'IHAM ASSOCIATES INC. Nlarine Contractors © Engineers r March 27, 1997 Patricia A. Brennan Program Manager Commonwealth of Massachusetts State Board of Building Regulations & Standards McCormack State Orrice Building One Ashburton Place—Room 1301 Boston, MA 02108 Re: Docket Number 97-024, 14 Franklin Street, Salem. Hearing Date: April 8, 1997 Dear Ms. Brennan: As per our conversation this morning, we request an extension of time for the hearing now scheduled for April 8, 1997 until such time that the matter of zoning for the subject property is addressed by the Salem Zoning Board. We will advise you of the Board's determination after April 16, 1997. Thank you for your attention to this matter. Sincerely„ Craig C. Burnham President, Burnham Associates, Inc. CCB/mks y 26 Dearborn Street Salem, MA 01970 Telephone (508) 745-1788 Fax (508) 741-1984 AUIVIIN15IlilaIIUN A14U tNNUHULIVILNI Department of Public Safety shall be notified in writing within seven (7) working days of 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 elevator, 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 approved 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 104.1 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. 104.2 Owner responsibility: The owner, as defined in Article 2, shall be responsible for the safe and sanitary maintenance of the building or structure and its exitway facilities at all times, unless otherwise specifically provided in this code. i Corrected 780. CMR - Fifth Edition 1-3 Cnttu of itttlrm, Massar4usetts f f'a Public Prnpertg i9epartment Nuilbing Department (One 6alem (Brren 500-745-9595 $xt. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer Mr. Paul Tuttle City of Salem Electrical Dept. Salem, MA RE: 14 Franklin St. Salem, MA Dear Mr. Tuttle: My office has posted a Stop Work order at 14 Franklin St. , job permit #609-95 as of December 19, 1997. The owner continues to use said property without proper inspection, and Certificate of Occupancy despite the Stop Work order issued. Per Section 103.0: Installation of service equipment, and Section 103.1 (copy enclosed) of the Massachusetts State Building Code, I 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 Building Commissioner c.c. Kevin Daly Ward Councillor r. v BURNHAM 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, Franris Burnham; informs me that he spoke with you personally on or about July 24, 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,fine 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 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) 741-1984 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 fiuther 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 APPEAL CASE NO. . . . . . . . . . . . . . . .. . . . . . . . (�i#g ofttlem, HttssttclfusP##s Pourtb A{ 'AypPriI 4ENS TO THE BOARD OF APPEALS: The Undersigned represent that he is are the owners of a certain parcel of land locat d at . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .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 them housing and repair of construction equipment. O 3r _ r' �+ 50 i 1 4 N 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. ..��. . . Address. . . . . . .. . . . . . . . Telephone. S'. d'. . . . . . . . . . . . . . . . Petitioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Date. . . .10/24/.83. . . . . . . . . . Telephone. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By. . . . . . . . . . . . . . . . .I . . . . . . . . . . . . . . . . . . . . . . . . . .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. pop Ctu Ilf ��5�1e1 TXCI;lollBP R V ''r ;r g �AY t 2 10 21 (One 15ttlem (green re[CEKID CITY OF SALE^I,I4ASS. 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 vv ER III Chairman May 12,13, 1980 This notice pouted on "Official Bulletin Board" City Hall A/tio . , ;':.].o^, . ._aE,^ - on \.'S - 9--eeG -3 at /: 7 69P - in a,corelancc iuith Chap. 626. of the Acts of 1953. =E 26 6622 " 0014 FRANKLIN STREET s 0473 _ 6 - ='LINSKEY WILLIAM M 0021500 —_.__-- -.._-- 197-9 78.00 390 p 0 FOX 891 022 3210 S-A-LaMMA 0 12 7 0 95 h2 T,7 0 15 4 15 4 0 :7 fr NITS TOTAL VAL"E _ND lALQF. -154400 -N7".. --CST Q rfiv UN!T No 14CO 1 . 00 0 154400 j 5 8 C 4 n NI 23 6 0 Z 3 14:)0 0 0 0 C017 9 1 2 51 1 0 1 4 J C z \'.nY i - t - r f I - J ji _ t f . .!`• , r ;'- ^ //Ji`. A3 _ i - r...�_.- 1 f Ij J(. f I �,,tift f p 1 / If ! J , hS �..c�-' If Z " h - Si7:,t�Li �J'.• �r.�:..-Y: t...�'.�'> _ _ ice. �� 1i. _ t _ r 7! + '. 11OV� L.S!vE. �L.t�+;��ri-t -'�'' LIF)'S�-}1;�:`.�.4"s i.R`r•• i Ai,� lliL4 l-i Tj. . li 101JL� C1rj�l� '�27✓ �tf G�1.#' �-,11L..LL, }. t'�E ft1 4CCd1Z7�oNGr �7S X11 vl>ej-, '1'F'<`*' P�zY Ltots >`,�,-sig s I t) t s` tJ r ► J r N �• --- ta. _-' tti.SGl,''.f�i�.%S � t-r+�.�� GOU'�JY_r: �1 fir �.� ( � � ....�..-- 1ub�l��E"i ","tt.71•e-a^ '!��"nUT'..�j � r,� .'t.i`�4>1L�`) SJ `��:J 4 - _ - ^'!.'�•�FY-T.!awYw",w�Yr.w�ew.r..+�.1 .T,^'�S�v4Yfww..aw.�.+Y..u�r�sR.••'.v^n!riL.'+....��....a-M��w.•^..ea,+.-'mss'Sesta.,�.�.:avww+er!+-..v'^N.+i�Dr1.-...n+..��^"`.�-v..v.Au.n.�...M��•.�...�.�✓>.,.w's�1+rv.+'.r�f��^^.��gMnYMnva�Q-YMYf^.>Y>„r..tA.W.:fukld Jti:^N.:Y+a:.+�tii"ri��✓..,VY.You.l_ii+�..�:w:-_...w�s..nw..-.K✓5:....:J.)i+r.YwW4! p I _ 1 `Aj^i ? ltt�tiiiicg marl F \ t/ FiL IQ 2JRC. 2 '.f 7 'J `-^F``'' Otte�ttlrttc Green ' REc li CITY uF &I[ I, REQUEST FOR REVIEW COMMOTS SPECIAL PERPSIT DATE: . _ TO: Building Inspector ( ) Conservation Commission ( ) City Engineer ( ) Other: ( ) Board of Health Attached please find the application referenced below. The Planning Board requests that you review this application relative to Section VII of the Zoning Ordinance. We would appreciate your completing the form below and returning it to us. Notice. of -the public hearing for this application will be forwarded to you. ( ✓) WETLANDS & FLOOD HAZARD DISTRICTS ( )' `CLUSTER DEVELOPa�NT PLANNED UNIT DEVELOPMENT APPLICANT: PROJECT NAME & ADRESS: ©a - u - ® CONTACT PERSONS AND PHONEc 631 - syei Applicant: -City: CWTENTS DUE BY: \Jrf /n ! G. .�,<�� / c�-z:,z:.,?�- i� ✓ `�l�cc :5. (Failure to comment.within 35 days sjiall be deemed lack of oppositiodZ) ( ) Concur with proposal (Explain on reverse side) ( ) Need more information (Explain on reverse side) (�G) Cannot concur with proposal (Explain on reverse side) (X) Comments included R WIEWER'S SIGNATURE TITIE DATE u-- �rWomwwwmeaM olIffaa4adw4elk � y 1XerdaleandY&m!a" ,e JANE SWIFT e/JOdl"e,,� 2 z4,e 4 0.2'108-1848 THOMAS GATZUNIS Governor Chairman JAMES P.JAJUGA TEL: (617)727-7532 FAX: (617) 227-1754 KENTARO TSUTSUMI Secretary Vice Chairman JOSEPH S.LALLI THOMAS L.ROGERS Commissioner Administrator STATE BUILDING CODE APPEALS BOARD Date: October 31, 2002 Name of Appellant: Keith W. Kauppila, Atty. Service Address: 29 Commonwealth Ave., Suite 906 Boston,MA. 02116 In reference to: Docket Number: 97-024 Property Address: 14 Franklin Street Salem,MA. Date of Hearing: February 25, 1997 We are pleased to enclose a copy of the decision relative to the above case wherein certain variances from the State Building Code had been requested. Sincerely: STATE BUILDING CODE APPEALS BOARD Je rey Putnam Clerk, cc: .. State Building Code Appeals Board Building Official This correspondence has been issued from the Board of Building Regulations and Standards ® Taunton district office: 1380 Bay Street, P..O Box 871, Taunton, MA 02780 STATE BUILDING CODE APPEALS BOARD Docket Number: 97-024 Date: October 31,2002 All hearings are audio-recorded and the audio tape (which is on file at the office of the Board of Building Regulations and Standards) serves as the official record of the hearing. Copies of the audio tape are available from the Board for a fee of$5.00 per copy. Please make requests for copies in writing and attach a check made payable to the Commonwealth of Massachusetts for the appropriate fee. Requests may be addressed to: Patricia A. Brennan,Program Manager State Building Code Appeals Board BBRS/Department of Public Safety 1380 Bay Street Taunton,MA. 02780 APPELLANT REQUESTS A WITHDRAWAL OF THEIR APPEAL AFTER ISSUES INVOLVED IN APPEAL WERE SETTLED IN LAND COURT MISC. CASE NO. 238654. See attached correspondence dated September 11, 2001 from: Keith W. Kauppila Attorney at Law 29 Commonwealth Avenue Boston,MA. 02116 Based upon relevant information provided the appellants request for withdrawal was : GRANTED A true copy attest, dated: ozWou 3 / a.� f VtY4_ Ptd Jef#e Putlin Clerk Any person aggrieved by a decision of the State Building Code Appeals Board may appeal to a court of competent jurisdiction in accordance with Chapter 30A, Section 14 of the Massachusetts General Laws. KEITH W. KAUPPILA ATTORNEY AT LAW 29 COMMONWEALTH AVENUE,SUITE 906 BOSTON,MASSACHUSETTS 02116 TELEPHONE: FACSIMILE: (617)262-8334 (617)262-8333- September 11, 2001 Patricia A. Brennan Program Manager State Building Code Appeals Board 1380 Bay Street Taunton, Massachusetts 02780 Re: Docket Number 97-024 Address: 14 Franklin Street, Salem, MA Dear Ms. Brennan: I represent Burnham Associates, Inc. As I informed you in my letter dated June 29, 2001, the issues involved in this appeal were resolved by settlement of Land Court Misc. Case No. 238654; all work on the project is complete, and an occupany permit was issued by the City of Salem. The issues of the appeal are therefore moot. Please consider this missive a letter of withdrawl. The withdraw] is without prejudice and without costs. Thank you for your attention to this matter. Very truly yours, IeW. Kauppila KWK/mt CITY OF SALEM ® i_E SS 81 --_1 F f. BUILDING DEPARTMENTPM CITY HALL ANNEX oFG'123'90 r ONE SALEM GREEN �y 22 wov 0, r SALEM, MASSACHUSETTS 01970 The Franklin St. Fealty Trust Burnham Associates n1 �IIIVVVVIIII 20 Dearborn street 1v Salem, Mass. 01970 O YCcd,Lek No Address 11 AFomarding Order Expired ttempted-Not Known � _ m ❑Unclaimed ❑RefusedI a'mea. ❑No Such Street 1 _ O No Such Number -- -' L!Deese. cit Atltlleee ONREDSRVIC ❑Vaceesetl PoSTAL SERVICE. ❑Vacant h � _a ___,\ �� \�� !1 �, V � �: �: \ �. _ . , .�� 1 -• -- , _. r � . 6 �;: -. i f �_ Tito of #31em, msssac4usetts �.` ;'� Ilublir Propertq 19epnrtment �`�"'�� Nuilbing Department (One Salem Green 508-745-9595 Ext. 380 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 Titg of 3ttlem, massac4usetts " f'a Public Propertg Department Nuilbing Department (One 6alrm (careen 508-745-9595 Ext. 300 Leo E. Tremblay - — Director of Public Property Inspector of Building Zoning Enforcement Officer April 2 , 1996 Burnham Associate . Franklin St . Realty "frust 20 Dearborn Street Salem, Mass . 01970 Dear Burnham Associates : This office has made you aware several times that we require a floor plan describing the layout of office space in your new building. If we do not receive a floor plan per our request we will not issue an Occupancy Permit . You were told this when filling permit applications on August 17 , 1995 verbally by myself. And Mr. John Jennings at an inspection in February 1995 , also requested that the floor plan layout be submitted to our office . I would also like to make you aware that any industrial use of the new building, would be a substantial change of use, and would require approval from the City of Salem Zoning Board of Appeals . Please process the proper drawings to this office to eliminate any further confusion in this matter . Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay Inspector of Buil Ings LET: scm cc: Kevin Daly Councillor Hayes , Ward 6 BURNHAM ASSOCIATES INC. Marine Contractors • Engineers November 13, 1996 Leo E . Tremblay City of Salem Building Inspector Building Department One Salem Green Salem, Massachusetts 01970 Re: 14 Franklin Street Dear Mr. Tremblay: At your request, I provided you with revised floor plans when you visited the above referred to building on November 7, 1996. You personally observed that the entire second floor of the building is devoted to office space. The plans show that the area below on the first floor is also devoted to office space. This results in more than 50% of the building being office space. The remainder of the building will be used for storage of supplies, which is an acceptable secondary use. The remainder of the building will also be used in conjunction with my retail-wholesale contractors supply establishment. Burnham Associates is the northeast distributor of zinc anodes for Eastern Foundry Ltd. I enclose a copy of the letter from this firm that you left on site. It is my understanding that, since less than 50% of the building is devoted to this, this is acceptable under the Salem Zoning Ordinance. I am pleased that your visit resulted in satisfying your concerns about the building. I appreciate your assurance that future inspections, rough or otherwise, will be performed when requested. I look forward to prompt completion of the work in accordance with the plans submitted and issuance of an occupancy permit accordingly. Feel free to call if I can provide further information. Sinc y, Presid t, Burnham Associates, Inc. 26 Dearborn Street Salem, MA 01970 Telephone (508) 745-1788 Fax (508) 7414984 Eastern Foundry Limited From: Wayne Reid (709)466-7454 7111196 12:32:18 Page 1 EASTERN FOUNDRY LIMITED FACSIMILE COVER PAGE Date: 71196 Time: 12:32:08 Page: I To: Craig Burnham CO117PC117v: Burnhcml Associates Inc. Fax -: 1-.i08-7.11-1984 From: ffmneReid Title: llanager Coinpanv: Eastern Foundry Limited .lddress: P.O. Box 147 Clarenville, AT .40E IJO Canada Fax ;r: (709) 466-74.14 f'oice (709) 466-381.1 Alessage: To 11710111 itAIM' Concern, This is to certifiv that Burnham associates h7c. are an authorized distributor.for Eastern Foundry Ltd's Zinc Hull anodes. rl j%/