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23 HERBERT STREET - BUILDING INSPECTION ��3 �!-� b�f- s-�--��� 0 CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 September 2, 2005 Chris Winton Henderson 57 Wharf Street Unit 3A Salem, MA 01970 Re: 23 Hebert Street Dear Ms. Henderson: My inspection of your Building on Friday, August 19th' at which you were present, revealed a gutted 2nd and 3rd floor. The braces support 1/2 of the remaining roof are inadequate to brace the structure. Leaving the building with one half of the roof removed is not acceptable. A contractor needs to brace the structure per an Engineer's direction or preferably the framing needs to be completed to tie the structure together. The current condition is definitely unsafe and work should commence immediately. If you have any questions please contact me directly. Sin ly, Thomas St. Pierre Building Commission Zoning Officer Cc: Fire Chief,Dave Cody CITY OF SALEM nom! PUBLIC PROPERTY " DEPARTMENT KIMBERLEY DRISCOLI. MAYOR 120 WASHINGTON STREE'P 0 SN:P.,M,MASSACHUSf'PI'S 07970 TEL:978-745-9595 ♦ FAX:978-740-9846 July 21, 2006 OFILENancy A. Corral Realty Trust Nancy A. Corral, Trustee 1242 Northlake Shore Drive Chicago, IL 60610 Dear Ms. Corral; This letter is to respond to the note that was attached to your tax bill, regarding the construction on the property at 23 Herbert Street. This is a project that is allowed as the installation of a dormer, by a decision of the Zoning Board of Appeal. A Public Hearing was conducted on the 15 of June in 2005 with regards to this variance. At the time of this hearing there was no opposition to this allowance, and therefore it was granted. If you have further questions regarding this or other issues please feel free to give me a call at(978) 745 -9595, ext. 386. Sincerely, Jph E. BarNJr stant Building Inspector CC: file, Bonnie Celi 3 i 07/ 17/2006 10 34 FAX 9787457195 � 1011 ;nn1 r Salem MA �� ��I� n fBatch 900 Remittance Image Report �- k� ,I Provided By: Lighthouse Financial Services, Inc GI Deposit Date: Jul 13, 2006 Hatch Tree Item Docgu9ent sequence credit Debit # # # type # amount amount .900 1 1 INVOICE 1 $1702 . 86 50.00 VY 2007 PRRLINIIIATATTAY XY HEAL 63 'a ' PFIr+o:.drrl.inolr.m�=- xLw I wrem �5n�esr,s,....:w _ %ILL w.ee r..... e.W J..r•ry 1, rear %,I6aee[e rex rn wcWleuw eeomm�5 dur 1.2we2619.ane 07/01/06 l00009362 eneln0 June 00.2 W7 m qe OUFN of nN nlNe Oe9ugM0 eNPa pL He[Cid: bee fado. 7 Deglyi PPUPE4ry pE8WIP11M Fprpitl llv qry el 1696 Per ennu,n NANCY A. CORRAL REALTY TRUST X01 ecce.m .ndF.F•Mlenn Hero '7 CoRmL NANCY A. TR LOCATION: me duea.n unw Pe7rr ,1;,mala. 1263 EoRTHLAEY ENORR nR V NE59f6T $TALI CR1CJe00 IL 60610 MAP-LOT-SOPP; 35-0324 y A.,blu 9M COM W:C OF GALENA P*cportr clogs: IOe FO 9p%.130 U DUAN Me 6 1 56 9-9 12 5 Olwe Hem.Mm-W.e 8:W.5:99 l,ur,COO-7.W RL 5191766.9896 .. PI. pt "No GOMCMR 0.,4 61: Tctsr eon m eorlw.eell�.l e.eul. fl ll PrpllmTaarPf Rea ' Real Eatat- pax 7595.71 CRY OF SALEM IST INSTALLMENT ANT '.702.66 PO box 4125 TOTAL RVC 08/01/06 1702.96 ` NO9oRN NA 91699-6125 6 ' I Ilrrreeell IrrLlrrl.hderl rdu,ILdrlr LhaJrtJr lrrllrrl D37220920073��0083626000o1792B69 i i I I i �j CITY OF SALEMv MASSACHUSETT y 4 LI7Y Or �ALEH, MA BOARD OF APPEAL CLERK'S .OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 ,Z�OS JUN MAYOR FAX: 978-740-9846 30 A II: 2 DECISION OF THE PETITION OF CHRISTINE HENDERSON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 23 HERBERT STREET R-2 A hearing on this petition was held on June 15, 2005 with the following Board Members present: Nina Cohen, Chairman, Edward Moriarty, Nicholas Helides, Richard Dionne and Steven Pinto. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance per Section 6-4 from the number of stories to construct a 3rtl floor dormer for the property located at 23 Herbert Street located in a R-2 zone. The Variances, which have been requested, may be granted upon a finding by this 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 structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 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 of the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after reviewing the plans, makes the following findings of fact: 1. Petitioner appeared and presented her petition and requested relief. 2. The request to add a dormer involves a pre-existing 3" floor. 3. The purpose of the dormer is to raise the height of one wall of an existing third floor, so as to add additional windows and gain increased natural light. 4. The dormer requested would be constructed in a manner below the existing roof line. The present roof peak is 31 feet, within the required limits of the Ordinance. 5. The requested dormer is approximately 3 ft below the current roof peak. The requested dormer will not increase the current roofline or building height. 6. The building was purchased with the intention of being owner-occupied. The building will be owner-occupied upon completion of dormer 7. The addition of dormer does not increase the number of bedrooms. C DECISION OF THE PETITION OF CHRISTINE HENDERSON REQUESTING A VARIANCE FOR THE PROPERTY LCOATED AT 23 HERBERT STREET R-2 8. The building was purchased as a two-family. The building will remain a two- family, with the owner residing in the upper unit. 9. The Petitioner's 6-year-old son will maintain his bedroom on the existing third floor. The current 3`°floor bedroom has only one window, facing the back of the building. 10. The Petitioner noted the unusual shape of the lot, the undersized nature of the lot, and the unusual shape of the existing structure as grounds for hardship, in addition to economic hardship. 11. There was no opposition to this petition. 12. Chairperson Nina Cohen expressed concern that the plans presented in computer-design format appeared to be boxy and inconsistent with the unique historic character of the structure. 13.The Petitioner indicated a willingness to construct the addition in an architecturally appropriate manner, with windows appropriate to the structure, architecture and era. On the basis of the above findings of fact, and on, the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows 1. Special conditions exist which especially affect the subject property but not the District. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department shall be strictly adhered to. 3. All construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5 Exterior finishes of the new construction shall be in harmony with the existing structure. DECISION OF THE PETITION OF CHRISTINE HENDERSON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 23 HERBERT STREET R-2 page three 6. Petitioner shall obtain a Certificate of Occupancy. 7. Existing finishes of the new construction shall be in harmony with the existing structure. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 9. Petitioner shall consult with Building Commissioner with the final construction plans regarding the style of windows to be provided in the dormer, and any other replacement windows, so that same will be consistent with the Italian Revivalist style of the structure. Variance Granted " ca M ward M June 15, 2005 Appeal fa Board of Apppeal �\ A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 day date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. g CITY OF SALEM MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR � MMeD SALEM, MASSACHUSETTS 01970 1 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 V September 29, 2005 Chris Winton Henderson 23 Herbert Street Salem, Mass. 01970 RE: 23 Herbert Street I Dear Ms. Henderson, On Wednesday September 28, 2005, I inspected your building at 23 Herbert Street that is under construction. The purpose of the visit was to inspect the temporary bracing that was installed by Dean Boucher. I ordered the additional bracing, after the first inspection revealed minimal bracing. It is my opinion the building is now braced sufficiently for a temporary situation. However, it is not sufficient for severe weather(i.e....wind, snow). The building, although braced, still is in a precarious state. Any building that is opened up as yours is in the same state. It is imperative that framing work begin to make the building secure. There is no practical way to brace the current structure to resist severe windstorm. The only practical way to secure it is to complete the framing. If further information is needed, please feel free to contact me at (978) 745-9595 x380. I Sincerely, Thomas J. St. Pierre Building Commissioner I I ; I i I . i � I i CITY OF SALEM, MASSACHUSETT �n }- of �aLE�I. MABOARD OF APPEAL CLERK'S .OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 ,LOOS JUN II: 3 MAYOR FAX: 978-740-9848 30 A 2 DECISION OF THE PETITION OF CHRISTINE HENDERSON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 23 HERBERT STREET R-2 A hearing on this petition was held on June 15, 2005 with the following Board Members present: Nina Cohen, Chairman, Edward Moriarty, Nicholas Helides, Richard Dionne and Steven Pinto. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting a Variance per Section 6-4 from the number of stories to construct a 3d floor dormer for the property located at 23 Herbert Street located in a R-2 zone. The Variances, which have been requested, may be granted upon a finding by this 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 structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. 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 of the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after reviewing the plans, makes the following findings of fact: 1. Petitioner appeared and presented her petition and requested relief. 2. The request to add a dormer involves a pre-existing 3`d floor. 3. The purpose of the dormer is to raise the height of one wall of an existing third floor, so as to add additional windows and gain increased natural light. 4. The dormer requested would be constructed in a manner below the existing roof line, The present roof peak is 31 feet, within the required limits of the Ordinance. 5. The requested dormer is approximately 3 ft below the current roof peak. The requested dormer will not increase the current roofline or building height. 6. The building was purchased with the intention of being owner-occupied. The building will be owner-occupied upon completion of dormer 7. The addition of dormer does not increase the number of bedrooms. J DECISION OF THE PETITION OF CHRISTINE HENDERSON REQUESTING A VARIANCE FOR THE PROPERTY LCOATED AT 23 HERBERT STREET R-2 8. The building was purchased as a two-family. The building will remain a two- family, with the owner residing in the upper unit. 9. The Petitioner's 6-year-old son will maintain his bedroom on the existing third floor. The current 3d floor bedroom has only one window, facing the back of the building. 10. The Petitioner noted the unusual shape of the lot, the undersized nature of the lot, and the unusual shape of the existing structure as grounds for hardship, in addition to economic hardship. 11. There was no opposition to this petition. 12. Chairperson Nina Cohen expressed concern that the plans presented in computer-design format appeared to be boxy and inconsistent with the unique historic character of the structure. 13. The Petitioner indicated a willingness to construct the addition in an architecturally appropriate manner, with windows appropriate to the structure, architecture and era. On the basis of the above findings of fact, and on, the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows 1. Special conditions exist which especially affect the subject property but not the District. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statues, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department shall be strictly adhered to. 3. All construction shall be done as per the plans and dimensions submitted and approved by the Building Commissioner. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5 Exterior finishes of the new construction shall be in harmony with the existing structure. r DECISION OF THE PETITION OF CHRISTINE HENDERSON REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 23 HERBERT STREET R-2 page three 6. Petitioner shall obtain a Certificate of Occupancy. 7. Existing finishes of the new construction shall be in harmony with the existing structure. 8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including, but not limited to, the Planning Board. 9. Petitioner shall consult with Building Commissioner with the final construction plans regarding the style of windows to be provided in the dormer, and any other replacement windows, so that same will be consistent with the Italian Revivalist style of the structure. Variance Granted �C,d"t ' ty June 15, 2005 ward Mppeal Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CIITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 day date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. CITY OF SALEM, MASSACHUSETTS 9. PUBLIC PROPERTY DEPARTMENT Ae_ 120 WASHINGTON STREET, 3RD FLOOR �I1N6 SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 April 4, 2005 Chris Winton Henderson, Esq. 57 Wharf Street Unit 3A Salem, Ma. 01970 RE: Building Located at 23 Herbert Street Dear Ms. Winton Henderson:. Let me start out by apologizing for not writing this letter sooner. Regarding your property at 23 Herbert Street, the September 2004 inspection of the property revealed significant interior demolition. Most of the plaster and lath had been removed from ceiling and walls There were electrical wires left dangling and light fixtures lift hanging by their wires. This Department did not receive any permit application nor did we issue a demolition permit as required by the Massachusetts State Building Code 780 CMR. A further check with Salem Electrical Department reveled that no permit had been issued for electrical work either. Substantial renovations or alterations require compliance with the State Building Code 780 CMR as outlined in Chapter 34. I have checked with the Electrical and Plumbing Inspectors and both agree once a wall is fully opened up, wiring plumbing must be brought up to code. This provision also applies for fire protection (I.E. Smoke detectors) If you have any question please feel free to contact me. Sincerely, Thomas St. Pierre Building Commissioner cc: Kate Sullivan, Mayors Office Electrical, Plumbing & Fire Prevention CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT q� 120 WASHINGTON STREET, 3RD FLOOR '�C/per SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 September 2, 2005 Chris Winton Henderson 57 Wharf Street Unit 3A Salem, MA 01970 Re: 23 Hebert Street Dear Ms. Henderson: My inspection of your Building on Friday, August 191E at which you were present, revealed a gutted 2°d and 3`d floor. The braces support 1/2 of the remaining roof are inadequate to brace the structure. Leaving the building with one half of the roof removed is not acceptable. A contractor needs to brace the structure per an Engineer's direction or preferably the framing needs to be completed to tie the structure together. The current condition is definitely unsafe and work should commence immediately. If you have any questions please contact me directly. Sin ly, 7`T/ I.eo J Thomas St. Pierre Building Commission Zoning Officer Cc: Fire Chief, Dave Cody Sep 06 05 12: 58p LAW OFFICE 9787414696 p. 2 CHRIS WINTON HENDERSON Attorney at.Law 67 Wharf Street 3rd, Safer s, 'NiA 01-,;Wo u 978.741.4648 Office 978.741.4696 Fax September 06, 2005 mr. Isaac vvimams, manager 27B Midstate Drive Auburn, MA 01501 SENT VIA FAX TO 800:606:8654 AND VIA FIRST CLASS MAIL Kt: 23 Herbert Street, Salem MA 09Yu Claim Number MPB 74664 Dear Mr. Williams: I am writing regarding the above-mentioned claim. Mr. Boucher was hired to add a 3`d floor dormer to an existing 3`d floor. Mr. Boucher removed the existing roof and existing 3`d floor, as well as, one side of an exterior wall. During said iciiiuvai, Nir..60ucner. eui an or rernuved severai vericai ano nor¢ontai support beams, thus jeopardizing the building's structural soundness. Mr. Boucher left the job on August 10, 2005, leaving the building extremely unsafe and in danger of collapse, as confirmed by both the building commission of Salem, as well as an independent structural engineer. Again, the inspector informed Mr. Boucher that he was the contractor of record, and that he, Mr. Goucher, was iiiabie shouid anything happen, as it was he who left the building in such a dangerous condition. Mr. Boucher improperly removed" the roof and exterior wall, he failed to properly support the building before/during the removal of the roof, and such actions have caused the buiiding to be structuraiiy unsound, thus damaging the property. he also failed to later properly secure the building as demanded by the inspector on August 19, 2005. The building inspector has demanded that the buiiding be remedied as soon as possible. Again, I contacted Mr. Boucher's agent, Jeremiah Lewis at Sullivan Insurance in Ipswich, MA, on Monday, August 29, 2005, and made a claim and aiso requested that National Grange Insurance view the property as soon as possible. I called Mr. Lewis and National Grange Insurance again on Friday, September 02, 2005, and left a message for Mr. Williams and was told by Stacey that he would contact me before the end of the day. 1 have heard nothing to date; I am still waiting to hear back from someone so as to arrange a meeting at the site to Sep C6 05 12: 58p LRW OFFICE 9787414696 p. 3 document the damage caused by your insured and arrange for the securing of the structure. I am aware that your company is still waiting to hear back from Mr. Boucher, as it is the company s policy to speak with the insured before arranging to visit the site and record the damage for the claim; however, time is of the essence. Again, 1 need to have the building secured per the order of the building inspector and need your company to contact me, as soon as possible, to make the proper arrangements for this to happen. Please note that time is of the essence. Again, please be advised that the building inspector has made it very clear that your insured, Mr. Boucher, is responsible for any additional damage or injury, should the building collapse or the roof separate from the building, causing damage to a neighboring house, keeping in mind that the surrounding buildings are only 4 feet and 6 feet away from the damaged building. Therefore, I am asking again that your company contact me before the end of the day so as to make arrangements to view and document this building, as the property owners are forced to move forward and secure this building, as it is in danger of collapse. Please let this letter serve as notice, that if I do not hear back from your company before 5 pm today, and should you be unable to have someone document the damage caused by your insured by noon tomorrow, September 07, 2005, it will be assumed that you have elected not to do so and your failure to document the building will be of your own volition and the property owners will not be responsible or will in no way be obstructed or limited to making claim against your insured for your failing to view the site and the damage done prior to any alteration. Thank you in advance for your attention regarding this urgent matter. I can be reach at my office number above or on my cell phone— 978.828.1707. /V,, truly yours, z 9 � / r Chris Winton Henderson, Esq. cc: Thomas St. Pierre, Building Commissioner, Salem, MA Michael McArdle, Esq. Jeremiah Lewis, Sullivan Insurance 978.356.3998 i j Sep 16 05 11 : 113a LAW OFFICE 9787414G9G p. 1 l � i) I i3 Ali CHRIS WINTON HENDERSON _ I� Attorney at Law 57 Wharf Street 3A, Salem, MA 01970 978.741.4646 Office 978.741.4696 Fax C hrisW intonEsq@AOL.(:otn FACSIMILE TRANSMISSION DATE: b S TO: "l PIC\�iL` `t ? t i C; Sep 16 05 11 : 16a LRW OFFICE 9787414696 p. 2 i f i CHRIS WINTON HENDERSON Attorney at Law 57 Wharf Street 3A, Salem, MA 01970 978.741.4646 Office 978.741.4696 Fax i URGENT FACSIMILE TRANSMISSION DATE: September 16, 2005 TO: Michael McArdle fax no: 978.744.5144 FROM: Chris Winton Henderson, Esq. RE: Boucher—23 Herbert Street, Salem MESSAGE: Dear Attorney McArdle: Thank you regarding our conversation yesterday. Dean sent me a fax today requesting to secure the building before tomorrow per order of the building inspector -- a copy of said fax is included. Please be advised that I agree to allow Dean to secure the building per his request today, however, I need to know what time this will occur so I can make arrangements for someone to be there with him. Please note that Philip Crawford is currently in Salem and available immediately once provided with a time to be at the site. Again, please note that I have my doubts regarding Dean's professional ability and knowledge to accomplish this task. However, I will once again allow Dean to attempt to secure the building and/or utilize the assistance of other qualified professionals of his choice. Please be advised the Dean is NOT to utilize the building materials currently on the job site, as said materials have not, nor were ever designated to be utilized for that purpose UNLESS agreed to previously in writing between myself and your office. I look forward to seeing you today at the site at your earliest convenience as i previously agreed to last night. My understanding is that we will speak today between 11 am and 11:30 am to establish an exact time. Time is of the essence. I i Please note that we have offered from the BEGINNING to allow Dean to secure the property at any time with the only provision that he simply advise us through your office in writing so as to allow a third party or owner to be present; Dean has I made no attempt to follow through with this offer to date. i i I ii Sep 16 05 11 : 17a LAW OFFICE 9787414696 p. 3 f9l � l !' ! Again, as stated numerous times in the past in writing to your office, to Dean's insurance company, and the building inspector's office -- we will j not be responsible for Dean's failure to have properly secured the building ' previously (August 19, 2005) and again express concern for said building ' and safety of others with a second tropical storm quickly approaching. Furthermore, it is unknown as to whether the property can be properly secured due to Dean's failure to have done so previously and the lack of time now afforded due to the approaching storm. Thank you in advance for your prompt attention regarding this matter. i i f Ve truly yours, i � Winton Henderson, Esq. cc: Tom St Pierre, Building Inspector, City of Salem state college cc: Andrew Brooks, National Grange Insurance Company ! Enclosures: • copy of letter to Dean Boucher allowing him to secure the building providing that he give prior notification to me, as well as, your office, regarding his anticipated time of arrival to the building for said purpose. • Copy of Dean's fax requested to secure the building sent and received earlier today. i TOTAL NUMBER OF PAGES: 6 The information contained in this facsimile message is attorney Privileged and confidential information intended only for the use of the individual(s)or entity named above. If the recipient of this facsimile message is not the intended recipient as named above,or the employee or agent responsible to deliver it to the intended recipient, he/she is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address. Thank you for your cooperation. I I i l Sep 16 OS 11 : 17a LAW OFFICE 9787414696 p. 4 � 4 C � Y2i P� ' 4 C74j9 it 4Y�i �. �j � �, M1i � L V'l�a.1 �4M- •' � r�'` �� (/j r,\ ��� f � ��'��•i....�f� 1^"' � 1�� i! rel, /I� .R I� f r` ✓' 4' I Ile ve— I 1 r �.- i:V v .• � 4�' tea: V" d�"••`��.. �-J' .P� �1. �/i,.`! '�I rR. ..� .;�. ✓ �I.4.r 1f �/! r�,. vyn �1.T' � ! fir^ V ti�G.." (� e y} j � y tg ' AI Sep 16 05 11 : 17a LAW OFFICE 9787414696 p. 5 � I CHRIS WINTON HENDERSON Attorney at Law 57 Wharf Street 3A, Salem, MA 01970 978.741.4646 Office 978.741.4696 Fax w URGENT FACSIMILE TRANSMISSION j DATE: September 16, 2005 TO: DEAN BOUCHER fax no: 978.740.5087 FROM: Chris Winton Henderson, Esq. RE: Boucher— 23 Herbert Street, Salem ° i MESSAGE: if Dear Mr. Boucher: I I am in receipt of the fax you sent this morning requesting to secure the building before tomorrow per order of the building inspector -- a copy of said fax has been forwarded to your attorney, Mr. McArdle. Please be advised that I agree to allow you to secure the building, however, i need to know what time this will occur so I can make arrangements for someone to be there with you due to your history of I illegally removing items from the above-referenced property. Please note that I Philip Crawford is currently in Salem and available immediately once provided with a time to be at the site. ,j Again, please note that I have my doubts regarding your professional ability and knowledge to accomplish this task. However, I will once again allow you to i attempt to secure the building or utilize the assistance of other qualified li professionals of your choice. 'i Please be advised that you are NOT to utilize the building materials currently on the job site, as said materials have not, nor were ever designated to be utilized for this purpose UNLESS previously agreed to in writing by myself and your '{ attorney. i Please note that we have offered from the BEGINNING to allow you to secure the property at any time with the only provision that you simply advise us prior to j doing so in writing so as to allow a third party or owner to be present but you have made no attempt to follow through with this to date. Again, as stated numerous times in the past in writing to your attorney, your insurance company, as well as the building inspector's office, we will not be responsible for your failure to have properly secured the building previously and again express concern for said building and safety of Sep 16 05 11 : 17a LRW OFFICE 9787414696 p. 6 ii Again, as stated numerous times in the past in writing to your attorney, ,i your insurance company, as well as the building inspector's office, we will not be responsible for your failure to have properly secured the building i previously and again express concern for said building and safety of others with a second tropical storm quickly approaching. Furthermore, it is unknown as to whether the property can be properly secured due failure to have done so previously and the lack of time now afforded due to the approaching storm. Also, please note that the tarp appears to be insufficiently protecting the property from the elements and we will not be responsible for an additional damage ' caused. i Thank you in advance for your prompt attention regarding this matter Very truly yours, CChri"VW� intoHenderson, Esq. cc: Tom St Pierre, Building Inspector, City of Salem li cc: Andrew Brooks, National Grange Insurance Company TOTAL NUMBER OF PAGES: 2 The information contained in this facsimile message is attorney privileged and confidential information intended only for the use of the individual(s)or entity named above. If the recipient of this facsimile message is not the intended recipient as named above,or the employee or agent responsible to deliver it to the intended recipient, he/she is hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to us at the above address. Thank you for your cooperation. i I i it I _ � ���, � �- .�-��=a- �'�- �-�-'�- � tee. ��- �� � a 3 ��.� ��� °�