25 NORTH STREET - BUILDING INSPECTION L2�• NORTH "STRFET
Commonwealth of Massachusetts
MIDDLESEX, ss. Superior Court
C.A. No.: ESCV2000-01824B
JOAO A.SALOMAO and MARGARET
C.HALLETT-SALOMAO, .
Plaintiffs
V.
THOMAS A.BUSIER and ANDREW
B.PERKINS,in their individual -
capacities and as trustees of the Subpoena Pursuant to
PHOENIX REAL ESTATE TRUST,KILBORN M.R.C.P. Rule 30(a) -
PROPERTY CONSULTANTS,INC.and & Rule 45
HUNNEMAN-COLDWELL BANKER,
Defendants
To: Keeper of Records,City of Salem
Attn:Debra Burkinshaw,City Clerk of Salem
93 Washington Street -
Salem,MA 01970
Greetings:
YOU ARE HEREBY COMMANDED in the name of the Commonwealth of Massachusetts in accordance
with the provisions of Rule 45 of the Massachusetts Rules of Civil Procedure to appear and testify on behalf of
plaintiffs, Joao A. Salomao and Margaret C. Hallett-Salomao before a Notary Public of the Commonwealth, at
the office of Lawson & Weitzen, LLP, Robert J. Roughsedge, 88 Black Falcon Avenue, in the City of Boston,
Massachusetts on the 25th day of July, 2002 at 10:00 a.m., and to testify as to your knowledge, at the
taking of the deposition in the above-entitled action.
And you are further required to bring with you all documents listed in the attached Schedule A:
Please note that you are invited to produce the documents in lieu of testimony
Hereof fail not as you will answer your default under the pains and penalties in the law in that behalf made and
provided.
Robert J. Roughsedge Dated: June 24, 2002
Lawson & Weitzen. LLP AUDREY L ANDREWS
Attemayror Joao A. Salomao and Margaret C. Hallett-Salomao A NOTARY PUBLIC OF BOSTON n n
88 Black Falcon Avenue MY COMMISSION EXPIRES MARCH 20,2009
.address Notary Public
Boston, Massachusetts 02210 My Commission expires: 4�1' 'Le o
Gry or Tawe
(617) 439-4990 -
Tebphune Number
Any questions, please call Robert J. Roughsedge at 617-439-4990 U AT EST COPY
DEPUTY SHERIFF
Schedule A
1. Any documents, including, but not limited to: complaints, building permits, inspections,
lawsuits, notices, or other documents, concerning any of the following individuals and/or entities
and the properties they owned or were involved with:
a. Andrew Perkins
b. Thomas Bubier
c. Phoenix Real Estate Trust
d. Andrew B. Perkins Trust
e. T&A Realty Trust
£ Franklin Street Realty Trust
g. A& B Realty Trust
2. Any documents referencing any complaints about Rebecca Kilbom or Kilbom Property
Consultants, Inc. or properties in which either were involved.
,. 3. Documents concerning any of the individuals and/or entities listed in paragraph one and
any of the following properties:
a. 58 Derby Street, Salem, MA.
b. 25 North Street, Salem, MA.
c. 16 Churchill Street, Salem, MA.
d. 3 Watson Street, Salem, MA.
e. 2 Planters Street, Salem, MA.
-------------
OP-2001-0009
Commonwealth of.Massachusetts
City of Salem
BUILDING,ELECTRICAL&MECHANICAL PERMITS DEPARTMENT
RESIDENCE located at
This is to Certify that the ------------- j
----- --------------Dwelling Type - --.
1
0025 NORTH STREETin the CITY OF SALEM _ -____-_.
-----------------
-------------------------- TowNCiry Name 4
-------------- _--_-Address___ ,
IS HEREBY GRANTED A PERMANENT
CERTIFICATE OF OCCUPANCY
PERMIT#1237-2000
This permit is granted in conformity with the Statutes and ordinances relating thereto,and
unless sooner suspended or revoked.
expires --------------------------------------------
Expiration Date __ _
_-_- -------
issued On:Thu Sep 14,2000 ------------------------- —
GeoTMS®199a Des Lauriers&Associates,Inc.
-----------------------
------------------------
0025 NORTH STREET V237-2000
GIS# 328 „W . s COMMONWEALTH OF MASSACHUSETTS `
Map �w+'.Ea 26""xsr�,s'b
CITY OF SALEM
Lot 0495
r'
Pernnt $�, i Buildings -
Category434 Res denhal.additi BUILDING PERMIT
-r Pemvt# 1237-2000 u
Pr'oJect#...,4 r' . JS-200070092
Est Cost 3 $25,000.00
Fee $lss.00' PERMISSIONIYHERE$_ YGRANTED TO:
Const Class ?Fff, . G,;a Contractor: a License: {
Use Group , Michael Morrissey
Lot Stze(sq.'ff[) 2669 "i t,,„fis= Owner: BROOKHILL CO LLC
Zoning: `s,°GrI; R2 :3ac ,s .
I Applicant: Michael Morrissey
Units Gained:,,',: •
Units Lost ! ,, ,
AT: '0025 NORTH STREET '
ISSUED O1V.'.24-May-2000 F,XPIRES ON: 24-Nov-2000
TO PERFORM THE FOLLOWING WORK
House renovations per drawings submitted.F.R.D.: - r+
=Call -for Permit,to Qum -
POST THIS CARD SO ITIS VISIBLE FROM THE STREET
Inspector of Plumbing Inspector of Wiring D.P.W. Inspector of Buildings
Underground: Service: Meter: Footings:
Rough::l6r( ' ,3) Rough: ��� House# j Foundation:
Final: el4l� Final: �/3 /�O � ,. - RoughFrame: `00-4
_
Fireplace/Chit ney:
'Gas t,� Fire Department Board of Health
/ /� Insulation: 1 ��p''
Rouge Oil: r'
Final: r
Final r Smoke: rl� ly o
Treasury:
THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF
ITS RULES AND REGULATIONS. pt^
Signature: .� �" J
Fee Type: Receipt No: Date Paid: Check No: Amount:
BUILDING REC-2000-000096 24-May-00 cash $155.00
4
CERTIFICATE OF OCCUPANCY
GcoTMS®2000 Des Lauriers Municipal Solutions,Inc. i lug Permit fl: l a3 7��'
I$$ued. t
City of Salem Building Dept.
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CITY OF SALEM
BUILDING -PERMIT
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itY ur SALEM. MA
TIfv1 of �zlirt i, MSSML�j118Pff8 L�Rf('S OFFICE
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1999 FEB 22 A 10 18
DECISION OF THE PETITION OF ERIC HOLLAND & STEPHEN BUCHLER
REQUESTING A VARIANCE-AND SPECIAL PERMIT FOR THE PROPERTY
LOCATED AT25 NORTH STREET R_2-:�
A hearing on this petition was held February 17, 1999 with the following Board Members
present: Nina Cohen, Richard Dionne, Michael Ward , Stephen Buczko and Stephen
Harris. 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.
Petitioner requests a Special Permit to operate a tourist home with 3 units and a
Variance as to parking requirements for the property located at 25 North Street.
The province the Salem Zoning Ordinance which is applicable to the request for a
Special Permit is section 5-3 0), which provides as follows:
Notwithstanding anything to the contrary appearing in this Ordinance, the Board of
Appeal may, in accordance with the procedure and conditions set forth in Sections 8-6
and 94, grant Special Permits for alterations and reconstruction of nonconforming
structures, and for changes, enlargement, extent expansion of nonconforming lots, land,
structures, and uses,
provided, however, that such change extension, enlargement or expansion shall not be
substantially more detrimental than the existing nonconforming use to the neighbor.
In more general terms, this Board is, when reviewing Special Permit requests, guided by
the rules that a Special Permit request may be granted upon a finding by the Board that
the grant of the Special Permit will promote the public health, safety, convenience and
welfare of the City's inhabitants.
The Variances which have 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 or structures in the same district.
B. Literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner.
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 purpose of the Ordinance.
DECISION OF THE PETITION OF ERIC HOLLAND & STEPHEN BUCHLER
REQUESTING A SPECIAL PERMIT & VARIANCE FOR THE PROPERTY LOCATED
AT 25 NORTH STREET
page two
The Board of Appeal, after careful consideration of the evidence presented, and after
viewing the plans, makes the following findings of fact:
1. The petitioner was represented by Attorney David C. McBride.
2. A signed petition with 55 signatures in favor of the appeal was presented.
3. Several abutters also spoke in favor of the petition.
4. Petitioners would like a 3-unit tourist home and be owner occupied.
5. There was no opposition to this petition.
On the basis of the above findings of fact, and on the evidence presented at the
hearings the Zoning Board of Appeal voted unanimously, 5-0 to grant the requested
Special Permit to operate a tourist home and Variance as to parking requirements,
subject to the following conditions:
1. Petitioner shall comply with all city and state statutes, ordinances, codes and
regulations.
2. All construction shall be done as per the plans and dimensions submitted.
3. All requirements of the Salem Fire Department relative to smoke and fire
Safety shall be strictly adhered to.
4. Petitioner shall obtain building permit prior to beginning any construction.
5. A Certificate of Occupancy shall be obtained.
6. A Certificate of Inspection shall be obtained.
7. Petitioner shall obtain approval from any City Boards or Commissions having
jurisdiction including, but not limited to, the Historic Commission
8. Two off site designated parking spaces are to be obtained for the owners vehio.TsC;
when occupancy dictates. Q
N (f>
N O'er
Special Permit & Variance Granted D
February 17, 1999 E5 rn3
Richard Dionne l
Board of Appeal
DECISION OF THE PETITION OF ERIC HOLLAND & STEPHEN BUCHLER
REQUESTING A SPECIAL PERMIT & VARIANCE FOR THE PROPERTY LOCATED
AT 25 NORTH STREET R2
page three
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY 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 days after the
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 certification of the City Clerk
that 20 days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it 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.
Board of Appeal
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JANUARY 16. 1980 .pas.
DECISION ON THE PETITION OF JOSEPH BACHOROWSKI, ROBERT PECK AND STERLING ROWE
REQUESTING A VARIANCE FOR 25 NORTH STREET (ROBERT BALBONI - PETITIONER)
A hearing on this Petition was held on January 16, 1980 with the following
Board Members present: James H. Boulger, Jr. , Chairman, Messrs. Hopper, LaBrecque,
Feeherry and Associate Member Lusinski. Notices of the Hearing were sent to
abutters and others and a notice of the hearing was published in the Salem Evening
News on January 2, 1980 and January 9, 1980 in accordance with Massachusetts General
Laws Chapter 40A.
The Petitioners have requested a variance for the property at 25 North Street
to use the premises as an insurance office. A variance is required because the
building is in an R-2 district where the proposed use is prohibited without a
variance.
Previously, the Board of Appeals granted a variance to use this ,property .as
a law office. A copy of that decision, dated January 18, 1979, is attached hereto
as Exhibit A.
The Board of Appeals, after consideration of the evidence presented at the
public he and after viewing the property makes the following findings of fact:
1. The property in question is in close proximity to a B-3 district where the
proposed use is permitted,
2. The property in question has several abutters who use their properties
for various business uses including professional offices.
3. Thepetitionershave made a substantial investment in the property since
the issuance of the January 18, 1979 variance for the property.
4. -The proposed use of the property will not result in any diminution in the
value of the surrounding properties but will enhance their values.
On the basis of the above findings of fact, and the evidence presented at the
public hearing, the Board of Appeals concludes as follows:
(1) In view of the work done on. this- property since the granting. of
variance in January of i979 it would not be economically feasible to
limit the use of the building only to law offices. Any such restriction
would constitute an unnecessary and substantial hardship to the petitioners
and would not benefit the public interest.
(2) The conditions described above especially affect -the structure in question
but donot, generally affect the zoning district in which the building .is
located.
,l
vf `�u�PTIT� 4A
x a-> —d j/ pIIarb SSS C�Fpral
SA�EM. MASS.
4 PAGE TWO - DECISION - 25 NORTH STREET - JANUARY 16, 1980
(3) The conditions described above which affect the land in question, but
not the zoning district generally cause the following special hardship:
without a new variance the property in question cannot be utilized for
its highest and best use.
(4) The desired variance may be granted without substantial detriment
to the public good because it will enhance the value of surrounding
properties and provide a public service.
Therefore, the Board of Zoning Appeals votes unanimously in favor of granting
the requested relief. The Board grants a variance to the petitioners on the follow-
ing terms and conditions:
The property in question may be used either as a law office or as an
insurance office. The property cannot, however, be used as both a law -
office and an insurance office.
GRANTED WITH CONDITION
Anthony M./�eeherry 4
Acting Secretary
APPE'd. TMS DE..ISION. IF ANY. SHALL BE -A.7E P TSUANT TO SECTION 17 OF THE ":;.ASS.
CE"ER;_ '. iiAPiE sc3' AICD Sh14L1' EE F;'-,D 6iiTHiN 20 DAYS AtiE TNT DATE Or FILING
CF TFiiS Di3z:6rarf"' 7.,E CCSCE OF T1:1: Ci:Y CLE6. -
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. - BOARD OF APPEAL - -
A COPY OF THISDECISIONHAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK:
Inst , r�i; « tll 113 aar3 a-f ?A
;r'rtCc
SALEH, H'ASS. JANUARY 18, 1979
DECISION ON THE PETITION OF JOSEPH BACHOR014SKI AND STERLING ROWE, TRUSTEES OF
25 NORTH STREET REALTY TRUST CONCERNING PROPERTY AT 25 N R-2 DISTRICT iORTH STREET LOCATED IN.AY
A hearing on this Petition was held on January 18, 1979, with the following;
Board Members present. Jane Lundregan, Douglas Hopper, John Nutting, Joseph Piemonte
and James Boulger. Notices were sent to abutters and others in accordance with
Massachusetts General Laws, Chapter 40A.
The Petitioners requested a Variance which would permit them to use the
premises for the purpose of conducting law offices therein and a Variance from the
parking requirements.
Attorney George P. Vallis represented the Petitioners before the Board. It was
explained to the Board that the building situated on the premises had been vacant
for approximately eight years and had fallen into serious disrepair. It was
previously used as a two-family dwelling house and contained a laundry business on
the first floor. The property is within close proximity to a B-3 District where the
proposed use is permitted. It was also shown to the Board that many abutting
properties to the premises were used for business purposes including the offices of
the Salem Parks Commission at 9 North Street.
Although the plans submitted showed four parking spaces, it was submitted that
it would be adequate for the Petitioners' purposes.
Letters from abutters were submitted to the Board stating their support in favor
of the Petition. No one appeared in opposition.
The Board voted unanimously to grant the Variance permiting the purposed use and
the number of parking spaces shown on the plans. It found that it would be difficult
and economically unfeasible to restore the building .to its prior use as dwelling
units and the enforcement of the Zoning Ordinance would involve unnecessary hardship
to the Petitioners since the proposed use as a law office building would be the
highest and best use for this property. The Board also found that relief in this
case could be granted since the imediate area is presently used for business purposes
and that the proposed use of the property would not result in any diminution in the
values of the surrounding properties but would in fact enhance their values. The
Board also found that the proposed use would further provide a public service and
would benefit the public interest.
VARIANCE GRANTED
OF
-c U I it TX- , F ..IIi Jane T. Lundreoan
E c. r c c c.:•c —Secretary
r Li°S:a ...'
a--illILSq If t:A. 1 CG..I..
CE:^.T,FI,dTE GF it LE.
COARO OF APPEAL -
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLAIT", NG BOARD AND THE 'CITI CLERK
of
! jl. uhlic 3,1rnpertg fleyartutettt
Department
Mullet !3. �lluherrs
(Oitc *nlrw 05rrrn
7.13-0213
November 2, 1979
Sterling Rowe Esq.
81 Washington Street
Salem, MA 01970 RE: 25 North Street
Dear Sterling:
Based on my inspection of October 30, 1979
I find that the premises at 25 North Street is substantially
completed in accordance with the plans on file in this
office.
Very truly yours, ,
Uaut.':�?-
DANIEL F. MANSUR
Asst. Building Inspector
DFM:tc
(nay- of ism,
14 AM, i9 Pnarbr of App2zd
A
SALEM. PASS. JANUARY 18, 1979
DECISION ON THE PETITION OF JOSEPH BACHOROWSKI AND STERLING ROWE, TRUSTEES OF
25 NORTH STREET REALTY TRUST CONCERNING PROPERTY AT 25 NORTH STREET LOCATED IN AN .
R-2 DISTRICT
A hearing on this Petition was held on January 18, 1979, with the following
Board Members present. Jane Lundregan, Douglas Hopper, John Nutting, Joseph Piemonte
and James Boulger. Notices were sent to abutters and others in accordance with
Massachusetts General Laws, Chapter 40A.
The Petitioners requested a Variance which would permit them to use the
premises for the purpose of conducting law offices therein and a Variance from the
parking requirements,.
Attorney George P. Vallis represented the Petitioners before th1.e. Board. It was
explained to the Board that the building situated on the premises had been vacant
for approximately eight years and had fallen into serious disrepair. It was
previously used as a two-family dwelling house and contained a laundry business on
the first floor. The property is within close proximity to a B-3 District where the
proposed use is permitted. It was also shown to the Board that many abutting
properties to the premises were used for business purposes including the offices of
the Salem Parks Commission at 9 North Street. ,
Although the plans submitted showed four parking spaces, it was submitted that
it would be adequate for the Petitioners' purposes.
Letters from abutters were submitted to the Board stating their support in favor
of the Petition. No one appeared in opposition.
The Board voted unanimously to grant the Variance permiting the purposed use and
the number of parking spaces shown on the plans. It found that it would be difficult
and economically unfeasible to restore the building to its prior use as dwelling
units and the enforcement of the Zoning Ordinance would involve unnecessary hardship
to the Petitioners since the proposed use as a law office building would be the
highest and best use for this property. The Board also found that relief in this
case could be granted since the immediate area is presently- used for business _purposes
and that the proposed use, of the property would not_, result .in any diminution in the
values of_the surrounding properties but would in fact enhance their values".- The
Board also found, that the proposed use would further provide a public service and
would benefit the public interest._,,; = - -
'VARIANCE GRANTED
0 0 $ 'Ii 1 17_,F THE MASS,
- ALI FF.1.0e -,1 rr 1,IPIO l-
rre U 19 1 11 T4 r t :11T 'Jane T. Lundregan — -
r °E F-"I F Cr -'i 0 :u r b dt is ur "Secretary ..
:i_ WN Trh ),r Dv:; H _ F.Ail) I'+O A .."AL IT4., -
02 iN q;. i- S6i.'i F'; APr"'d WS B_LN r!L DT,rA: IE IiM1 ._.fl -
P`L'_., -i iil: -'1 i F;SE% rE.1_`.*27 ], AND h Sc6'LD Ui. _., hc i.nelc OF TRE i.iu2i OF F.c6 rtD OR iS RELDRDED A") NUED ON THE ':;3N 4 S CuRT;FI^,ATE OF TiTLE, - -
BOARD OF APPEAL
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK