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0 MARINER VILLAGE - TRADERS WAY - BUILDING INSPECTION Lniversal, ww" � uM11 2 \JJ C�UH.Dvio DEPT. `J MARINER DEVELOPMENT CORP. 101 Whalers Lane Cpr( LSI 55 i � N Salem, MA 01970 Sales: (508) 745-1099 Const: (508) 740-0122 RECEIVED Fax: (508) 740-4463 CITY Or S LE4,�AASS. October 18, 1996 Craig L. Wheeler City Planner City of Salem One Salem Green Salem, Massachusetts 01970 Robert W. Turner, Chief Salem Fire Department City of Salem 48 Lafayette Street Salem, Massachusetts 01970 RE: Mariner Village, Traders Way Dear Messieurs Wheeler and Turner: This letter is intended to acknowledge the understanding and commitment of Mariner Development Corp. ("Mariner") to install interior sprinkler systems in the remaining unbuilt units in Phases 3 and 4 of the residential subdivision known as Mariner's Village along Whalers Lane. Such installation will be done with the understanding that Mariner is reserving its rights to cease installation as further explained below. It is Mariner's position that interior sprinkler system installation is not required as a matter of law in the R-3 type four-plex units which are being built in Mariner's Village. This position is supported by Massachusetts Superior Court decisions as well asz interpretations of the State Building Code by local building inspectors. However, in the past several months, lawsuits deciding this very issue, i.e. the necessity of sprinklers in four-plex buildings, have been decided contrary to Mariner's position, causing a split among the Courts on this issue. Additionally, in a memorandum dated June 27, 1996, the State Board of Building Regulations and Standards ("BBRS") issued a memorandum to all local building inspectors that stated, in effect, it was up to the local s Craig L. Wheeler Robert W. Turner October 18, 1996 Page 2 Fire Chief to decide whether or not buildings required sprinklers. In Salem, the Fire Chief has stated that it is his position that the four-plex buildings of the type being constructed by Mariner do require sprinklers. In light of these recent rulings, and in the spirit of cooperation in moving forward with the City, Mariner will install sprinklers in the remaining buildings yet to be constructed in Phases 3 and 4 of Mariner Village. It is agreed that all buildings for which building permits are issued after July 1, 1996, will be sprinkled subject to the conditions outlined in this letter. Mariner will design the sprinkler systems and present such design to the City's Fire Prevention Office for approval. It is Mariner's understanding that the City agrees that the installation of sprinkler systems will be only applicable to buildings yet to be constructed. Mariner agrees to install approved sprinkler systems in each of the units to be constructed, unless, and until, there is a change in the law or interpretation of the law, by the BBRS which states that such sprinkler installation is not required. Very truly yours, HarrVeMavn ack ProjgerMarielopment Corporation HMM:jaf cc: Leo E. Tremblay, Building Inspector Titg of �$ttlrm, Musimrllusetts Ilublir Propertp Department Nuilbing Department (One dalem (6reen 508-7.15-9595 Ext. 3BU Leo E. Tremblay Director of Public Property November 16 , 1995 Inspector of Building Zoning Enforcement Officer Ray Renzoni 19 South/44 Central Streets Berlin, Mass . 01503 RE : 4 Plex Condo Mariner Village Dear Mr . Renzoni : On November 4 , 1995 in the morning and again in the afternoon I conducted an inspection at the above mentioned location. Below you will find a list of specific items I would like clarified before I sign the rough inspection for this unit . 1 . By definition a fire separation wall must be continuous from foundation to underside of sheeting, roof and butting the inside of the exterior sheeting. Neither is the casein this 4 plex. Please explain a solution and send a copy 'to this office according to Article 34, Section 3401 . 16 , #3 . 2 . Supply to this office a U. L. number for the fire separation assembly you used. 3 . Please supply this office with a letter or letters and drawings for all your solutions . 4 . Continuity issue of separation wall under stair landing according to Article 8 , Section 816 . 9 . 2 . 5 . Please supply us with a letter or data saying O. S .B. is o.k. to support stair stringer, according to Article 1 , Section 113 . 7. 6 . Please supply us with roofing manufactures specs on installation of roofing materials being used. 7 . Explain with a drawing and letter how you will get 4" burm in garage, according to Article 6 , Section 608 . 00 . 8 . Please send data explaining sound transmission S . T . C. on the fire separation assembly wdll between units , according to Article 7 , Section 714 . 2 M. S . B.C . 5th Edition. 9 . This job is under Article 1 , Section 127 and we will be expecting weekly reports. Thank you in advance for your anticipated cooperation in this matter. Sincerely, John J . J nings Local Building Inspector JJJ: scm cc : Leo E . Tremblay Councillor Donahue Fafard Construction 290 Elliot Street Ashland, Mass . FAFARD REAL ESTATE AND DEVELOPMENT CORP. © 290 ELIOT STREET ASHLAND, MASSACHUSETTS 01721 FAFAFID TEL. (508) 881-1600 FAX (508) 875-8610 Residential Sales (508)881-6662 Commercial Sales/Leasing (508)881-1512 August 18, 1995 Norman P. LaPointe (!/ Fire Inspector - Fire Department City of Salem, Massachusetts v 48 Lafayette Street Salem, MA 01970-3695 RE: Notice of August 3, 1995 Phase DIA, Mariner Village, Whalers Lane, Salem, Massachusetts Dear Inspector LaPointe: I am in receipt of your letter dated August 3, 1995 concerning the installation of automatic fire sprinklers in the four-plex buildings being constructed in Phase IIIA at Mariner Village on Whaler's Lane. You are correct in your statement that the Salem Building Department has issued building permits for buildings in Phase IIIc for plans submitted without reference to the installation of sprinklers. The reason we applied for those permits and why they were issued is that The Commonwealth of Massachusetts Board of Building Regulation and Standards has found that the four-plea buildings are "Use Group R- 3" (multiple single-family dwellings) under the Commonwealth of Massachusetts State Building Code. The Superior Court of the Commonwealth of Massachusetts has confirmed this fact in a recent decision. Further, the Superior Court and Appellate Courts of the Commonwealth have also ruled that the Building Inspectors in the cities and towns of the Commonwealth are the final authority in determining what satisfies the requirements of the State Building Code for automatic fire warning systems. See Fire Chief of Cambridge et al State Building Code Appeals Board, (Kass, J.) also a 1993 case (copy enclosed). In light of the Court rulings to the contrary, Fafard Real Estate and Development Corp. proceeded accordingly. In your letter, you recite the fact that you met with our local counsel, Attorneys Serafini and Correnti, on more than one occasion. As you are aware, we requested those meetings with you to discuss the need for automatic sprinklers. Norman LaPointe Page 2 August 18, 1995 At one point during our ongoing discussions, you were in agreement that the sprinklers would not be required. Subsequently, the State Fire Marshal's Office, in an administrative appeal, rendered a Decision which held that four-plex buildings require automatic sprinklers. You informed us of that Decision and clearly stated that your position was that sprinklers would now be required for the proposed four--plex buildings. It is our understanding that the Fire Marshal's Decision is now under appeal in the Superior Court and that the matter is currently pending. While we understand what you'consider to be your mandate from the state Fire Marshal's Office, we hoped that since this 20 unit phase project had been filed prior to such mandate that it would be "grandfathered" and thus exempt from such mandate. Our company has always complied with the rules and regulations imposed upon us. In this case there appears to be a difference of opinion between the State Fire Marshal's Officeand the State Building Code as defined by the Superior Court. Please keep in mind that we have not acted in an arbitrary manner. The situation requires clarification between two departments of the State, and it was on that basis, as well as the recent court decisions, the law applicable at the time of filing this phase, and the interpretations of the Salem Building Inspector that we acted. Prior to your taking any action in this matter, we would like to meet with you and the City Solicitor to more fully explain our position and to discuss our reliance upon the building permits issued by the Building Inspector. Would you please let us know through Attorney Serafini's office when we could meet. Ve truly yours, 7 I / Paul J. Bealie Attorney cc: Robert A. LeDoux, Esq. cc: Leo E. Tremblay cc: John R. Serafini, Sr., Esq. cc: William E. Luster Lvointel/M