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
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LINE 1• NUMBER
BURNHAM ASSOCIATES, INC.
26 DEARBORN STREET
SALEM, MASS. 01970
j FOLD AT PERFORATION T � WALZ
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3.Article Addressed to: 4a.Article Number
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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 .
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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
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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
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�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