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16 FRANKLIN STREET - BUILDING INSPECTION 16 Franklin St. DALY & DALY ATTORNEYS AT LAW 32 CHURCH STREET SALEM, MASSACHUSETTS 01970 KEVIN T. DALY TELEPHONE 15081 745-0500 OF COUNSEL MARGARET DALY CRATEAU FAX (508) 7456606 RICHARD E.DALY December 1, 1997 Mr. Edward Ferris 21 Naples Road Salem, MA 01970 RE: 16 Franklin Street Dear Mr. Ferris : As you may recall, this office represents the City of Salem Conservation Commission relative to certain activities on the North River. I also represent the City of Salem in related matters . As such, I am in receipt of the Enforcement Order issued by the Conservation Commission on Ncvember 20, 1997 . The issue involved in this Enforcement Order is the storage of Mr. Burnham' s dredging pipes on the shoreline of your property. By law, you are responsible for the activity on your property from the shoreline down to the main low water mark. The location of those pipes may constitute a violation of the Wetlands Protection Act and you are obligated to remove them. You may later apply to the Conservation Commission for an Order of Conditions or Certificate of Non-Applicability for this activity. Mr. Burnham himself has been served with Enforcement Orders on more than one occasion and he is fully aware of the legal obligations of the property owner. Failure to obey the Enforcement Order may result in fines up to $25, 000 . 00 per day. Additionally, the Conservation Commission can authorize the Salem Police Department to issue daily citations up to $200 . 00 per day. The location of each pipe will constitute a separate violation. As Mr . Burnham should have informed you, the pipes also constitute a zoning violation. Pursuant to a decision of the Massachusetts Land Court, it was ruled that the location of Mr . Burnham' s marine equipment outside of the boundaries 16 Franklin Street Page Two of his shoreline were impermissible . Zoning violations are also subject to fines up to $100. 00 per day. As owner of 16 Franklin Street it is your responsibility to correct these violations . Accordingly, please correct these violations . The Conservation Commission will discuss this matter at its next regular meeting and Mr. Tremblay will also be investigating possible action for the zoning violations . Thank you for your attention to this matter. Very truly yours, KEVIN T. DALY KTD/km cc: Conservation Commission Robert Ledoux, Esquire Leo Tremblay c 3 Titg of *tt1Em, Massar4usjetta Publir trnpertg Department iguilbing Department (One #slem 06rern 588-745-9595 Ext. 388 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 18, 1994 Burnham Associates, Inc. 26 Dearborn Street Salem, Mass. 01970 RE: 16 Franklin Street Dear Mr. Burnham: We have received your letter of October 3, 1994 concerning the docking of vessels and other equipment at the waterfront of 16 Franklin Street, Salem. We wish to inform you that is illegal for you to dock the vessels on a temporary bases, as well as it would be on a permanent one. This office is ordering you to conform with the City of Salem Zoning Ordinance and to discontinue docking of vessels on a temporary or permanent bases at the above mentioned location. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay Inspector of Buidings LET: scm cc: Dave Shea Kevin Daly Councillor Hayes Mr. Ferris Certified Mail li P 921 991 602 9 ' ARTICLE - �P 921 LINE 1• NUMBER BURNHAM ASSOCIATES, INC. 26 DEARBORN STREET SALEM, MASS. 01970 j FOLD AT PERFORATION T � WALZ INSERT IN STANDARD#10 WINDOW ENVELOPE. ., CIRTIFIED r' M A I L E R I � W • SENDER: • Complete items 1 and/or 2 for additional services. I also wish to receive the II • complete items 3,and as a b, following services(for an extra fee): II • Print your name and address on the reverse of this form so that we can return this card to yau. 1. El Addressee's Address • Attach this form to the front of the mailpiece,or on the back if space does not permit I • Write"Return Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivered to and the date of calvary. CORSUIt postmaster for fee. 3.Article Addressed to: 4a.Article Number r0���87920� P 921 991 602 BUR34MI M3XIATE5, I'' ib."Service Type PA) DL.14AP )APJ SiRCt:i ��` c�\ ZALTE 1, MASS. W70 � O�,r � CERTIFIED .�— PA ''� +/+�y7.Date'of Delivery �3/pro 5.Si nature—(Addressee) tp oi976 8.Ad4ressee's Address lc^ '(ONLY if requested and fee paid.) PFmP1, nt) ber M90 DOMESTIC RETURN RECEIPT United States Postal Service II I I II Official Business 13 U.S.MZ PENALTY FOR PRIVATE USE,$300 " INSPECTOR OF BUILDINGS ONE SALEM GREEN SALEM MA 01970-3724 Tity of *a1Em, Massar4usetts Public Propertg Department ` tl3uilbing i3epartment (One #alem Green 500-745-9595 Fxt. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 30, 1994 Burnham Associates, Inc. 26 Dearborn Street Salem, Mass . 01970 RE: 16 Franklin Street Dear Mr. Burnham: On September 30, 1994 this office conducted an inspection of the waterfront property located at the above mentioned address. You are in violation of the City of Salem Zoning Ordinance of illegally docking of vessels and equipment. You are being ordered to cease & desist of utilizing waterfront of property located at 16 Franklin Street. Please contact this office upon receipt of this letter as to your intent. Failure to comply willl result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, _fir �_.. .ze-i' -r�C�-�/.•i Leo E. Tremblay Inspector of Buildings LET: scm cc: Dave Shea Kevin Daly Councillor Haves, Ward 6 Mr. Ferris, 16 Franklin Street Certified Mail # P 921 991 619 . t United States Postal Service i ESS Official Business _ F A PENALTY FOR PRIVATE USE,$300 Illninllllulmlllnu �l �min� liln�lnill INSPECTOR OF BUILDINGS ONE SALEM GREEN SALEM MA 01970-3724 SECompl • Complete items tantl/or 2 for additional mirme. I a50 Wlstl 10 receive the Complete items 3,and 4a s to following services(for an extra fee): o you. Print your name and address on the reverse of this form so that we can return this card • 1. ElAddressee's Address Attach this norm to the front of the mailpiece,or on the back if space tloes not permit. • Write"Return Reoeipt Requested'on the mailpiece below the article number. 2. El Restricted Delivery • The Return Receipt Fee will plead.you the signature of the person delivered to and the date on delivery. Consult postmaster for fee. 3.Article Addressed to: 4a.Article Number P 921 991 619 Burnham Associate3, Inc. 4b.Service-lgype zS Dearbo^rt itreer p Salem, Ma.48. 07970 Coif . n 7.Date df Derry j J97r,,71ee, 8.Addreres, (ONLY if requested and fee paid.) nat —(Agent) PS For 38 ,Nov tuber 1990 OMESTIC RETURN RECEIPT r 00 ARTICLE • P 921 991 619 • UNE1. NUMBER Burhham Associates, Ino. + 26 Dearbohn Simet Salm;, Ma88: 01970 t FOLD AT PERFORATION t WALZ j • INSERT IN STANDARD#10 WINDOW ENVELOPE. L F R T I F I L D '' X, MAILER m i I i �4 Titg of *alm Massar4usetts � f'a Public Propertg i9epartment Nuilbing i9epurtment (Put Belem (Breen 500-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 18, 1994 Burnham Associates, Inc. 26 Dearborn Street Salem, Mass. 01970 RE: 16 Franklin Street Dear Mr. Burnham: We have received your letter of October 3, 1994 concerning the docking of vessels and other equipment at the waterfront of 16 Franklin Street, Salem. We wish to inform you that is illegal for you to dock the vessels on a temporary bases, as well as it would be on a permanent one. This office is ordering you to conform with the City of Salem Zoning Ordinance and to discontinue docking of vessels on a temporary or permanent bases at the above mentioned location. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay Inspector of Bui dings LET: scm cc: Dave Shea Kevin Daly Councillor Hayes Mr. Ferris Certified Mail li P 921 991 602 (situ of 11-0� ttlPm, Aussar4usetts Ilublic i1rapertg Department Riuiibing Department lone tzaletn (careen 500.7.35-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 30, 1994 Burnham Associates, Inc. 26 Dearborn Street Salem, Wass. 01970 RE: 16 Franklin Street Dear Mr. Burnham: On September 30, 1994 this office conducted an inspection of the waterfront property located at the above mentioned address . You are in violation of the City of Salem Zoning Ordinance of illegally docking of vessels and equipment. You are being ordered to cease & desist of utilizing waterfront of property located at 16 Franklin Street. Please contact this office upon receipt of this letter as to your intent. Failure to comply willi result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay Inspector of Buildings LET: scm cc: Dave Shea Kevin Daly Councillor Hayes. ward 6 Mr. Ferris, 16 Franklin Street Certified Mail ;` P 9211 991 619 BURNHAM ASSOCIATES INC. Marine Contractors • Engineers 44 Leo E. Tremblay _ Director of Public Property , (r, Inspector of Building Zoning Enforcement Officer _ .7 City of Salem Public Property Department v rrt One Salem Green -4 -1 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. yVeryTy Yours,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 BURNHAM ASSOCIATES INC. Marine Contractors • Engineers Leo E. Tremblay G� Director of Public Property Inspector of Building r 77; �� ra o Zoning Enforcement Officer City of Salem Public Property Departmentrn One Salem Green -13 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 C. 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 CtLj of 3Wctn. Atssttr4metts Ilublir Vrapertg Department awn, aw" Nuilbing Department lone 6alem preen 588-745-9595 Ext. 388 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 30, 1994 Burnham Associates, Inc. 26 Dearborn Street Salem, Mass. 01970 RE: i6 Franklin Street Dear i4r. Burnham: On September 30, 1994 this office conducted an inspection of the waterfront property located at the above mentioned address . You are in violation of the City of Salem Zoning Ordinance of illegally docking of vessels and equipment. You are being ordered to cease & desist of utilizing waterfront of property located at 16 Franklin Street. Please contact this office upon receipt of this letter as to your intent. Failure to comply wild result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay Inspector of Buildings LET: scm cc: Dave Shea Kevin Dalv Councillor Haves . '-ard 6 [fir. Ferris, 16 Franklin Street Certified Mail ;; P 921 991 619