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JOHN M. MELLO JR.
ATTORNEY AT LAW
175 Central Street t.(978)454-9]21
Lowell,MA 01852 f.(800)908-0169
EmARDS ANGELL PALMER&DODGE up
I I I Huntington Avenue Boston, MA 02199 617.239.0100 fax617.227.4420 capolaw.com
Sander A. Rikicen
617.951.3355
fox 888.325.9550
srikleen@eapdlaw.com
March 23, 2009
OVERNIGHT COURIER
Clerk
Essex Superior Court
34 Federal Street
Salem,MA 01970
Re: Manuel Silva v. Tinkers Island Association, Inc., et al.
Essex Superior Civil Action No. 08-675
Dear Sir/Madam:
Enclosed for docketing and filing in the above matter, please find the Supplemental Memorandum
in Support of Defendants' Motions to Dismiss Amended Complaint.
Pursuant to the Court's instructions at the February 26, 2009 hearing, this Memorandum has
been filed directly with the Court without following Superior Court Rule 9A.
V ry truly yours,
4AZSanleen
SAR/Imad
Enclosure
cc: Matthew A. Pingeton, Esq.
BOS 653933.1
COMMONWEALTH OF MASSACHUSETTS
ESSEX, ss. SUPERIOR COURT
CIVIL ACTION
NO. 08-675-A
MANUEL A. SILVA, )
Plaintiff, )
V. )
TINKERS ISLAND ASSOCIATION, INC., and )
DAVID L. DAVIES, II, )
Defendants. )
SUPPLEMENTAL MEMORANDUM IN SUPPORT OF DEFENDANTS'
MOTIONS TO DISMISS AMENDED COMPLAINT
At the February 26, 2009 hearing,the Court directed Defendants Tinkers Island
Association, Inc. (the "Association") and David L. Davies, II, ("Mr. Davies")to submit this
supplemental memorandum. As directed by the Court, this Memorandum is addressed to
Plaintiff's latest filing and does not repeat the arguments previously made in support of the
pending Motions to Dismiss Amended Complaint.
Plaintiffs newly served Second Amended Complaint should be dismissed with prejudice
because after his third attempt to state a cause of action, it is clear that there was no promise
upon which Plaintiff could reasonably rely, as a matter of law.
Summary of the Case
This case arises from Plaintiff's attempt to become a member of the Association. The
Court's November 14, 2008 Judgment on Motion to Dismiss rejected Plaintiff's claim for
Association membership, but granted Plaintiff leave to amend his Complaint to plead a claim for
"promissory estoppel with particularity". At the February 26, 2009 hearing, the Court expressed
doubt as to whether Plaintiff's Amended Complaint contained the specificity required, and
directed Plaintiff to file a Second Amended Complaint stating the specific facts upon which his
promissory estoppel claim is based. Although the Second Amended Complaint contains more
detail than Plaintiff's two prior attempts, it still fails to plead the promise upon which Plaintiff
claims to have reasonably relied.'
The Second Amended Complaint alleges that the"promise"which forms the basis for
Plaintiff's claim was made at a`Board meeting" which took place on Sunday,November 19,
2006(Second Amended Complaint$123-25). The Second Amended Complaint clearly alleges
what Plaintiff claims he agreed to give up, but the corresponding promise by the Defendants
upon which he allegedly reasonably relied, and for which he seeks to recover, is not alleged
(Second Amended Complaint¶¶24, 25, 28, 29, 37, 48).
Paragraphs 51, 55 and 56 of the Second Amended Complaint suggest the basis for
Plaintiff's claim,but not with the specificity required by the Court's prior orders: Paragraph 51
appears to allege that Plaintiff stopped some work and performed other work because he
reasonably believed that his goal (Association membership)was "within reach". Paragraph 55
speaks of a"false promise of membership", but the promise is nowhere alleged, and paragraph
' The Second Amended Complaint also contains clear factual errors. For example, Plaintiff
makes a number of allegations about events on October 2, 2006 (Second Amended
Complaint¶¶13-18)which clearly could not have occurred on that day because it is the day
prior to his purchase (see Second Amended Complaint¶11 and Exhibit 1 to the Silva
Affidavit). There are also discrepancies between the Silva Affidavit and his previously filed
Verified Complaint. For the purposes of the pending Motions to Dismiss, the Court does not
need to attempt to resolve those discrepancies, which would be resolved in favor of the first
sworn statements on a motion for summary judgment. See. York v. Zurich Scudder
Investments,Inc., 66 Mass. App. Ct. 610, 611 (2006); O'Brien v. Analog Devices, Inc., 34
Mass App. Ct, 905, 906 (1993).
56 speaks of an "agreement" that Plaintiff would "perform various acts in exchange for obtaining
Association membership" but nowhere does he actually allege that anyone made him a promise
of membership. Clearly, these allegations are not sufficient to state a claim of promissory
estoppel, nor do they comply with the Court's prior orders that the facts which constitute the
basis for the claim of promissory estoppel be alleged with particularity.
Upon the allegations of the Second Amended Complaint, no promise was made upon
which Plaintiff could reasonably rely, as a matter of law. Accordingly, Plaintiff's Second
Amended Complaint should be dismissed in its entirety,with prejudice.
Argument
To survive the pending Motions to Dismiss,Plaintiff is not entitled to "rest on subjective
characterizations or conclusory descriptions of a general scenario which could be dominated by
unpleaded facts." Schaer v. Brandeis Univ.,432 Mass. 474, 478 (2000) uotin Judge v.
Lowell, 160 F.3d 67, 77 (15' Cir. 1998) (internal quotations omitted)). Further,when considering
the Motions to Dismiss,the Court does "not accept legal conclusions cast in the form of factual
allegations." Schaer, 432 Mass. at 477.
In this case, having now had three opportunities to attempt to allege a claim upon which
relief can be granted, it is clear that Plaintiff cannot do so and Plaintiffs Second Amended
Complaint should be dismissed with prejudice and without leave to replead.
A. The Second Amended Complaint does not allege any (1) promise, (2) upon
which Plaintiff could reasonably rely.
An action for"promissory estoppel""consists simply of a promise that becomes
enforceable because of the promisee's reasonable and detrimental reliance." Rooney v. Paul D.
2 Mr. Davies denies making any such promise (see Mr. Davies' May 28, 2008 Affidavit, at
119 & 11, filed in connection with the original Rule 12(b)(1) Motion to Dismiss).
Osborne Desk Co.. Inc., 38 Mass. App. Ct. 82, 83 (1995). Of critical relevance here, "[a]n
essential element under the promissory estoppel theory is that there be an unambiguous promise
and that the party to whom the promise was made reasonably relied on the representation."
Rhode Island Hoso. Trust Nat'l Bank v. Varadian, 419 Mass. 841, 848 (1995).
Plaintiffs' allegations of a"promise"(¶55) and that he "reasonably relied"thereon(158)
are no more than a statement of a legal conclusion, which is not insufficient to state a claim for
promissory estoppel, as a matter of law. See Schaer, 432 Mass. at 478 (to avoid a motion to
dismiss, plaintiff cannot"rest on subjective characterizations or conclusory descriptions").
The Second Amended Complaint contains no allegation of"an unambiguous promise"of
Association membership. For this reason alone, the promissory estoppel claim must fail.
Furthermore, inspection of the original Verified Complaint and the Second Amended
Complaint makes it clear that Plaintiff could not reasonably rely upon whatever may have been
said to him at the November 19, 2008 meeting. Plaintiff was aware of the provisions of the
Association's By-laws,3 under which Plaintiff's membership in the Association required a
majority vote of the Association's Board (By-laws, Arts. VI, Section 1 and VIII, Section 1). No
such vote took place on November 19, 2006 and the Second Amended Complaint clearly alleges
that no such vote ever occurred(at 1130 and 33).
Plaintiffs belief, based on whatever may have been said at the November 19, 2006
meeting, that his goal of Association membership was"within reach" (151) is simply not
sufficient to support a claim for promissory estoppel. See Vakil v. Anesthesiology Assoc. of
3 The Association's By-laws were attached to the Verified Complaint as Exhibit 1 (see
Verified Complaint,¶l5)with a fax line indicating Plaintiffs receipt of those By-laws on
November 3, 2006), and were quoted in this Court's November 5, 2008 Memorandum of
Decision and Order on Defendants' Motion to Dismiss.
Taunton, Inc., 51 Mass. App. Ct. 114, 120-21 (2001) ("promise" to assist plaintiff in becoming
the president of a close corporation if he continued his employment was not enough to support a
promissory estoppel claim);Tinkham v. Jenny Craig, Inc., 45 Mass. App. Ct. 567, 571 (1998)
(promissory estoppel claim not supported because employees "understood that there were
contingencies attached to future promotion [and that] knowledge . . . along with [their] at-will
status, would make any promise to promote illusory.");Hall v. Horizon House Microwave, Inc.,
24 Mass. App. Ct. 84, 94 (1987) ("Hall could not have had more than a well founded hope that
the stock option aspect of the deal would work our satisfactorily for him. Inchoate negotiations
are no better basis for reliance than for an action on the purported contract as such.").
Plaintiff has had three chances to state a claim upon which relief could be granted and has
failed to do so. Accordingly, Plaintiff's Second Amended Complaint should be dismissed with
prejudice and without leave to replead.
Conclusion
For the foregoing reasons, and the reasons set forth in their original Memorandum of
Law, Defendants' Motions to Dismiss the Amended Complaint should be granted, and this
action should be dismissed with prejudice and without leave to replead.
TINKERS ISLAND ASSOCIATION, INC. and
DAVID L. DAVIES
By their Attorneys,
ander LARikleen—BBO#42028
Patricia A. Sullivan—BBO#545376
EDWARDS ANGELL PALMER &DODGE LLP
111 Huntington Avenue
Boston,Massachusetts 02199
Ph: 617.239.0100
Dated: March 23, 2009 Fx: 617.227.4420
CERTIFICATE OF SERVICE
I, Sander A. Rikleen,hereby certify that on March 23, 2009, I served the above document
upon the Plaintiff by mailing a true copy thereof, first clas mail, postage prepaid, to his
of record. � /�
Sander A. Rikleen
-- Commonwealth of Massachusetts
County of Essex
The Superior Court
Civil Docket ESCV2008-00675
RE: Silva v Tinkers Island Assoc Inc et al
TO: Sander A Rikleen, Esquire
Edwards Angell Palmer & Dodge LLP
111 Huntington Avenue
Boston, MA 02199-
CLERK'S NOTICE
This is to notify you that in the above referenced case the Court's action on 11/14/2008:
RE: Defendant Tinkers Island Assoc Inc, David L Davies II's
MOTION to Dismiss (MRCP 12b) Complaint Of Manuel A si7va; (6a)
defts ' memorandum of law in support of motion to dismiss.; (6b)
affidavit of David L. Davies; (6c) affidavit of sander A.
Rikleen; (6d) plaintiff's opposition to defts ' motion to dismiss;
(6e) defts ' request for hearing
is as follows:
Motion (P#6)ALLOWED Allowed. See memorandum entered this day. Dated:
11/5/2008 (Frances McIntyre, Justice) Notices mailed 11114/2008
Dated at Salem, Massachusetts this 14th day of November,
2008.
Thomas H. Driscoll Jr.,
Clerk of the Courts
BY:
Judith Brennan / Carlotta McCarthy Patten
Assistant Clerk
Telephone: (978) 744-5500 ext. 414 (Brennan) or 377 (Patten)
Copies mailed 11/14/2008
Disabled Individuals who need handicap accommodations should contact the Administrative Office of the
Superior Court at(817)788-8130 -- ovazaeult 0.v d 833602 wtallm mailajoa
COMMONWEALTH OF MASSACHUSETTS
ESSEX,ss. SUPERIOR COURT
CIVIL ACTION
NO.08-0675 '
MANUEL A. SILVA
VS.
TINKERS ISLAND ASSOCIATION,INC. & another'
MEMORANDUM OF DECISION AND ORDER ON
DEFENDANTS' MOTION TO DISMISS
The case at bar arises out of Manuel A. Silva's("Silva")2006 acquisition of an interest
in land on Tinkers Island, an island owned by the Town of Salem,Massachusetts. The
Defendants are the Tinkers Island Association,Inc. ("Tinkers Association"),the private
membership organization that leases Tinkers Island from Salem and controls Association
membership, and habitable structure construction,ownership, and transfers pursuant to its by-
laws; and David L. Davies("Davies"),the President of the Tinkers Association. The plaintiff
brings a three count verified complaint in which he requests that the court declare him a member
of the Tinkers Association and an owner of a habitable structure on Tinkers Island pursuant to
the Tinkers Association by-laws and that the court enter a judgment for damages against the
defendants under the equitable theory of promissory estoppel.
Before the court now is the defendants' motion to dismiss pursuant to Mass. R. Civ. P.
12(b)(1),for lack of standing on the plaintiffs claim for Declaratory and Injunctive Relief
(Count 1),and to Pierce the Corporate Veil (Count III); and pursuant Mass. R Civ. P. 12(b)(6),
for failure to state a claim for Promissory Estoppel(Count II) with the requisite particularity.
' David L. Davies,II
For the reasons stated below,the defendants' motion to DISMISS pursuant to Mass. R. Civ. P.
12(b)(1)is ALLOWED with prejudice and the defendants' motion to dismiss pursuant to Mass.
R. Civ. P. 12(b)(6)is ALLOWED without prejudice to the plaintiff filing,within twenty days,
an amended complaint pleading promissory estoppel with particularity.
BRIEF SUMMARY OF THE FACTS ALLEGED
Tinkers Island is owned by the City of Salem and leased to the Tinkers Association.
There are fifteen parcels of land on Tinkers Island and the structures on the parcels have no
electricity,water,or other services. Membership in the Association and the ability to build
structures on Tinkers Island are set forth in the Tinkers Association by-laws. The relevant
portions of the by-laws are as follows:
ARTICLE VI—Membership
Section 1: Membership shall be limited to owners of habitable buildings on
Tinkers Island and upon the payment of an initiation fee and annual dues in such
amounts as may be voted annually by the Board of Directors. A member who
sells all of his habitable buildings in the manner provided by ARTICLE VIII,
Section 1,shall automatically forfeit his membership, and the persons who
purchase said habitable buildings shall automatically become members upon
the payment of the requisite initiation fee and annual dues unless the purchasers
are already members of the Association. In case of joint ownership of a habitable
building,the joint owners shall designate in writing one of their number to be the
member, but they shall have the right to change such designation.
ARTICLE VIII—Transfer of Habitable Building
Section 1: Any member desiring to sell his habitable building shall notify the
President in writing of his intent so to do,furnishing the full name and address of
the prospective purchaser. The president shall call a meeting of the Directors as
soon as possible who shall consider the matter. If a majority of the Directors
approves the same, the member shall be notified and he shall be permitted to
consummate the sale. If a majority fails to approve, the sale shag not be
permitted If no action is taken by the Directors within thirty(30)days of the
date on which the member notified the President of his desire to sell,he shall
have the right to complete the transaction.
Section 2: Any transfer of a habitable building arising out of the death of a
member shall be permitted without the approval required by section I of this
2
ARTICLE. No transfer of a habitable building shall be permitted except as
provided for by these By-Laws.
ARTICLE IX—Assessments
Section 3: A member who fails to pay any assessment when due shall be charged
interest at the rate of one-half of one(1/2%)percent per month on the unpaid
amount. . . .
ARTICLE X—New Structures,Additions,or Alterations
Section 1: There shall be no additional habitable structures erected on Tinkers
Island subsequent to August 27, 1969.
Section 2: Any members on the corporation desiring to make additions or
alterations to any existing structure shall make written application to the Board of
Directors for permission. . ..
Plaintiff's Verified Complaint,Exhibit 1 (emphasis added).
On October 3, 2006,Linda Davidson, acting in her capacity as executrix of the estate of
George Davidson, sold to Silva title to property Tinkers Island to the extent of all of the rights
that George Davidson had in land on Tinkers Island from Linda Davidson. George Davidson
had passed away on March 10, 2002. The plot of land purchased by Silva included a small
structure and a damaged cottage,which Silva defines as habitable structures. '
Silva claims membership in the Tinkers Association under the by-laws and,in the
alternative,membership because he`relied to his detriment on false representations of[Davies]
relating to becoming an Association member and constructed a boat rump on the Island for the
benefit of Association members at [lis] own cost and expense." The defendants claim that Silva
has no right to membership. In support thereof,defendants allege that George Davidson was
never a member of the Tinkers Association, although at one point Linda Davidson was, and that
Linda Davidson's membership lapsed for non-payment of membership dues.
:According to the defendants, the cottage was destroyed and remained uninhabitable since 1991
and the small structure is reasonably characterized as a shed.
3
DISCUSSION
A. Standing
The Defendants move to dismiss for lack of jurisdiction pursuant to Mass. R. Civ. P.
12(b)(1)on the grounds that Silva lacks standing to bring a suit requesting declaratory and
injunctive relief under the provisions of the private membership organization's by-laws.
"To have standing in any capacity, a litigant must show that the challenged action has .
caused the litigant injury." Slama v. Attorney Gen., 384 Mass. 620, 624 (1981). A controversy
or injury,giving rise to standing when a plaintiff requests declaratory relie& is"a real dispute
caused by the assertion by one party of a legal relation, status or right in which he has a definite
interest,and the denial of such assertion by another party also having a definite interest in the
subject matter, where the circumstances attending the dispute plainly indicate that unless the
matter is adjusted such antagonistic claims will almost immediately and inevitably lead to
litigation." Bello v. South Shore Hospital, 384 Mass. 770, 778 (1981), internal citation and
quotation omitted. In Bello, the Supreme Judicial Court held that there is no support under
Massachusetts law for"the proposition that an applicant denied membership in a corporation had
a right to challenge the corporation's compliance with its own by-laws." Id. at 779..
"[A] motion under Mass. R. Civ. P. 12(b)(1) . . .that is unsupported by affidavit presents
a`facial attack' based solely on the allegations of the complaint,taken as true for purposes of
resolving the complaint." Callahan v.First Congregational Church of Haverhill,441 Mass. 699,
709-710 (2004). "By contrast, a rule 12(b)(1)motion supported by affidavits places the burden
on the plaintiff to prove jurisdictional facts." Id. In the case at bar,the defendants have
presented evidence to the court and claim that the burden must shift to the plaintiff to show
jurisdiction.
4
To find a lack of standing under the defendants' theory the court must first find that the
plaintiff was not entitled to membership. The plaintiff's complaint and response to the
defendants' motion to dismiss raises issues regarding the interpretation of the Tinkers
Association by-laws, in particular,the meaning of the terms"owners of habitable buildings"and
"arising out of a member's death;"and of the statements made by Davies.
This court will interpret the language of the Tinkers Association by-laws as a matter of
law. See The General Convention of the New Jerusalem in the U.S. v. MacKenzie,449 Mass.
832, 835 (2007) ("bylaws of a church corporation form a contract between the church and its
members,and are interpreted according to principles of contract law"); and ER Holdings.Inc. v.
Norton Co., 735 F. Supp. 1094, 1097 (D. Mass. 1990) (corporate by-laws interpreted as a matter
of law pursuant to principals of contract law). See also,USM Coro. v. Arthur D. Little Systems.
Inc. 28 Mass App. Ct. 108, 116(1989) ("interpretation of a contract presents a question of law
for the court").
The court finds that under no reasonable interpretation of the provisions of the by-laws
did the transfer of property on Tinkers Island to Silva"arise out of the death"of a member of the
Tinkers Association. Here Silva's interest in the property passed to him from the executrix of
the estate of George Davidson nearly four years after George Davidson's death. The interest in
the property passed by indenture made by Linda Davidson—not by the will of George Davidson,
not by intestacy,nor by any other form of probate of George Davidson's estate. It is inevitable
that there is a death in the chain of title for every property,yet it is an unreasonable interpretation
that in every event a succeeding owner in the chain of title takes title"arising out of the death"of
the decedent. The court finds that the transfer of title to Silva did not"arise out of the death"of
5
George Davidson for the purpose of the Tinkers Association by-laws,therefore, Silva was not
entitled to automatic membership in the Tinkers Association.
There are no factual or legal claims before the court the Silva was entitled to membership
in the Tinkers Association under any other provisions of the Association's by-laws. Therefore,
having found that Silva did not achieve membership in the Association by transfer of title arising
out of the death of a member,the court finds that Silva has no standing to make a claim for
declaratory or injunctive relief in regards to his rights under the private membership
organization's by-laws. See Bello, 384 Mass. at 778-779.
For the foregoing reasons, defendants' motion to dismiss Count I and Count III will be
allowed.
B. Failure to State a Claim with the Requisite Particularity
Pursuant to Mass. IL Civ. P. 9(b), a complainant must state with particularity"the
circumstances constituting fraud,mistake,duress or undue influence." In the case at bar, Silva
brings a claim under the equitable theory of promissory estoppel,claiming that false
representations of material facts were made. The defendants argue that this claim is in fact a
claim of fraud and that the fraud was not stated with the requisite particularity.
The court finds that Silva's claim for relief under the equitable theory of estoppel falls
into the category of claims that must be plead with specificity under Mass. R. Civ. P. 9(b). Silva
fails to plead with any particularity the nature of the false promise,his claims that the defendant
made false representations or promises that he reasonably should have expected to induce action
or forbearance on the part of Silva,or that the promise made by the defendant induced such
action of forbearance.
6
ORDER
It is therefore ORDERED defendants' motion to dismiss pursuant to Mass. R. Civ. P.
12(b)(1) is ALLOWED and that the defendants' motion to dismiss pursuant to Mass. R. Civ.P.
12(b)(6)is ALLOWED without prejudice to the plaintiff filing, within twenty days, an amended
complaint pleading promissory estoppel with particularity.
So Ordered:
Date: November 5,2008
Frances A. McIntyre
Justice of the Superior Court
7
Commonwealth of Massachusetts
County of Essex
The Superior Court
CIVIL DOCKET# ESCV2008-00675
RE: Silva v Tinkers Island Assoc Inc et al
TO: Sander A Rikleen, Esquire
Edwards Angell Palmer & Dodge LLP
111 Huntington Avenue
Boston, MA 02199-
NOTICE OF JUDGMENT ENTRY
This is to notify you that a judgment in the above referenced action has been entered on
the docket. A copy of the judgment is attached.
Dated at Salem, Massachusetts this 14th day of November,
2008.
Thomas H. Driscoll Jr.,
Clerk of the Courts
BY:.........CA/YL
.........................................
Judith Brennan / Carlotta McCarthy Patten
Assistant Clerk
Telephone: (978) 744-5500 ext. 414 (Brennan) or 377 (Patten)
Commonwealth of Massachusetts
County of Essex
The Superior Court
CIVIL DOCKET# ESCV2008-00675
Manuel A. Silva,
Piaintiff(s)
vs
Tinkers Island Association, Inc. and David L. Davies, 11
Defendant(s)
JUDGMENT ON MOTION TO DISMISS
(Mass.R.Civ.P. 12b)
This action came on for hearing before the Court, Frances McIntyre, Justice upon
the Defendants', Tinkers Island Association, Inc. and David L. Davies, II, motion to
dismiss pursuant to Mass. R.Civ.P. 12(b)(1) and 12(b)(6), and upon consideration
thereof,
It is ORDERED and ADJUDGED:
That the complaint of the plaintiff be and hereby is DISMISSED with prejudice
pursuant to Mass.R.Civ.P.12(b)(1) and be and hereby is DISMISSED without prejudice
pursuant to Mass.R.Civ.P. 12(b)(6) to the plaintiff filing, within twenty days, an amended
complaint pleading promissory estoppel with particularity.
Dated at Salem, Massachusetts this 14th day of November, 2008.
By:..............cp(a....................
Assistant Clerk
Entered: 11/14/08
Copies mailed 11/14/2008
cWjud12D 1.-pd 823799 jud13E patten
Massachusetts Coastal Zone Management
251 Causeway Street l
Boston, MA 02I14-2136
Massachusetts Department ofEnvironmental Protection
One Winter Street
Boston,MA 02108
City of Salem Conservation Commission
Salem City Hall
93 Washington St.
Salem,MA 01970
City of Salem Public Properties/Building Department
Salem City Hall
(3 Washington St.
Salem, MA 01970
Cityof Salem Legal Department
Elizabeth Renard, Esq. Acting City Solicitor
Salem City Hall
93 Washington St.
Salem,MA. 01970
Council Committee on Ordinances.
Licenses & Legal Affairs
93 Washington St.
Salem MA, 0.1970,
Gentlemen
It recently carne to my attention that a new building is being built on Tinkers Island.
Tinkers Island is located off the coast of Marblehead and is part of the City of Salem. I
was surprised to see a house being built at this location and have done some investigation.
The structure is located in the Velocity Zone on ledges between the rocky beach and the
top of the coastal bank. No order of conditions has been issued by the Salem
Conservation'Commission or by D.E.P. No building permit has been issued by the Salem
Building Department. The island has no municipal services (i.e. sewer and water) and no
permit to install a septic system has been issued by the Board of Health. Furthermore I
believe that the building is being'built on land owned by the City of Salem.
I trust that you will look into these matters and see to it that all applicable laws and
regulations are followed.
cc: Massachusetts Coastal Zone Management.
Massachusetts Department of Environmental Protection'
City of Salem Conservation Commission
City of Salem Public Properties/Building Department
City of.Salem Legal Department
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CITY OF SALEM
IMAM"
^'
In City Council,
January 27, 2000
Ordered:
That the Mayor is hereby authorized to execute a renewal of a five-year lease
agreement between the City of Salem and The Tinkers Island Association, Inc. for the use
of Tinkers Island located in Salem Harbor.
In City Council January 27, 2000
Adopted by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent
Approved by the Mayor on February 2, 2000
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
M
CITY OF SALEM, MASSACHUSETTS
STANLEY J. USOVICZ, JR.
MAYOR
January 27, 2000
To the City Council
City Hall
Salem, Massachusetts
Ladies and Gentlemen of the Council:
Enclosed herewith is an Order to authorize the Mayor to execute a renewal of a
five-year lease agreement between the City of Salem and The Tinkers Island Association,
Inc.
The enclosed lease agreement has been reviewed and approved as to content by
City Solicitor William J. Lundregan. A lease agreement between the City of Salem and
The Tinkers Island Association, Inc. has been in effect since November of 1968 and has
been renewed every five years thereafter.
I recommend adoption of the accompanying Order.
Very truly yours,
c
STANLEY J. USOVICZ, JR.
Mayor
SN/smc
SALEM CITY HALL•'93 WASHINGTON STREET•SALEM,MASSACHUSETTS 01970-3592•9781745-9595•FAX 9781744-9327
LEASE
THIS INDENTURE made this Al Ac day of o_ ,
in the year of our Lord, ,pAgxx„ USaxx=&uexxZunxJmdcxmz&
AkJiA&kYkxAAMSxx two thousand.
WITNESSETH, that the City of Salem, a municipal
corporation duly established in the County of Essex and
Commonwealth of Massachusetts, does hereby lease all of
Tinkers Island located in Salem Harbor to the Tinkers
Island Association, Inc. , a Massachusetts corporation with
its usual place of business in Marblehead.
To hold' for the term of five (5) years from the first
day of December, 1999, yielding and paying therefor, a
rental of One Thousand ($1, 000) Dollars per year, payable
on or before November first of each year, commencing with
December 1, 1999 .
The lessee will not assign this lease nor underlet the
whole or part of said premises without consent in writing
of the Lessor, and all property of any kind that may be on
the premises shall be the sole risk of the Lessee and those
claiming through or under this Lessee, and the said Lessee
will indemnify and hold harmless the Lessor for any injury,
loss, or damage to any person or property on the premises.
Lessee hereby assumes all responsibility for and
agrees to protect , indemnify, and save harmless said
Lessor, its successors and assigns, from and against any
and all loss, damage or injury, together with costs and
expenses incident thereto, for claims for loss, damage or
injury, together with costs and expenses incident thereto,
arising in any manner, either directly or indirectly out of
the Lessee' s use or occupancy of said described premises or
out of the construction, maintenance, operation or removal
of any building, structure, appurtenance or facility
located thereon, whether such lose, damage or injury shall
be the property of the Lessor, to the persons or property
of Lessee' s employees, or to the persons or properties of
third persons, and shall upon notice assume the defense of
any action therefor.
Compliance with Laws . Lessee agrees to comply with
all laws, ordinances, rules and regulations which may
pertain or apply to the demised premises and the use
thereof .
The Lessee shall allow the Lessor ' s authorized
representative access to the demised premises at all
reasonable hours, for the purpose of examining and
inspecting said premises, for the purposes necessary,
incidental to or connected with the performance of its
obligations hereunder, or in the exercise of its
governmental functions .
Lessee will make no unlawful or offensive use of said
premises and will at the expiration of the term hereof or
upon any sooner termination thereof, without notice, quit
and deliver up said premises to Lessor and those having its
estate in the premises, peaceably, quietly and in good
order and condition, reasonable use and wear thereof
excepted as the same now are or may hereafter be placed by
Lessee or Lessor.
PROVIDED, that in case the said premises, or any part
thereof, shall be taken for any street or other public use,
or damaged by unavoidable casualty, or by the action of the
City or other authorities, or shall receive any direct or
consequential damage for which the Lessor or Lessee shall
be entitled to compensation by reason of any thing lawfully
done in pursuance of any public authority, after the
execution hereof and before the expiration of said term,
then this lease and the said term shall terminate at the
election of the Lessor, and such election may be made in
case of any such taking, notwithstanding the entire
interest of the Lessor may have been divested by such
taking.
IN WITNESS WHEREOF, the said parties have hereunto set
their hands and seals the day and year first above written.
CITY OF SALEYj
BY•
*APPRED AS FORM: G
J. Usovi z, Mayor
M J. LU EGAN THSI LAND ASSOCIATION, INC.
OLIC7,T i
BY: ------- ------------------
r Ziegler
COMMONWEALTH OF MASSACH SETTS 0-000
ESSEX, SS. — — i---=
Then personally appeared the above named Stanley J.
Usovicz and acknowledged the foregoing to be his free act
and deed before me.
---------
Notary Pub is
My Commission Expires
COMMONWEALTH OF MASSACHUSETTS 2d00
ESSEX, SS. ------------------
Then personally appeared the above named Peter
Ziegler and
---------------------------------------------------
acknowledged the foregoing to be his free act and deed
before me.
Notar Public Jo Pizzello
My ommission Expires _ _ - �
o March 16, 2001
,9Ze/,
JecretarY��t/zPi G'o>riz�azu
Jtat�.�orrs� �ostoiL ./�.assa,�/rusett� 02133
William Francls Galvin
Secretary of the
Commonwealth
February 11, 2000
TO WHOM IT MAY CONCERN:
I hereby certify that according to the records of this office
TINKERS ISLAND ASSOCIATION,INC.
is a corporation organized on September 16, 1969 (Chapter 180) .
I further certify that there are no proceedings presently pending under the Massachusetts
General Laws Chapter 180, Section 26 A, for revocation of the charter of said corporation; that
the State Secretary has not received notice of dissolution of the corporation pursuant to
Massachusetts General Laws, Chapter 180, Section 11, 11A, or I IB; that said corporation has
filed all annual reports, and paid all fees with respect to such reports, and so far as appears of
record said corporation has legal existence and is in good standing with this office.
In testimony of which,
I have hereunto affixed the
Great Seal of the Commonwealth
on the date first above written.
Secretary of the Commonwealth
This is not a tax clearance. Certificates certifying that all taxes due and payable by the
corporation have been paid or provided for are issued by the Department of Revenue.
°i
count7�
_ M
i of
9`n�/MNE OD�t^
ELIZABETH M. RENNARD CITY OF SALEM
City Solicitor KIMBERLEY L. DRISCOLL, MAYOR JERALD A. PARISELLA
93 Washington Street Assistant City Solicitor
Salem, MA 01970 One School Street
Tel 978 619.5631 LEGAL DEPARTMENT Beverly, MA 01915
Fax:978.744.1279 93 WASHINGTON STREET Tel. 978.921.1990
Fax:978.921.4553
Email: brennard@salem.com
SALEM, MASSACHUSETTS 01970 Email:jap@alexanderfemino.com
May 7, 2007
Deirdre H. Robbins, Esq.
81 Washington Street, Suite 312
Salem, Massachusetts 01970
Re: Tinkers Island -Manuel Silva
Dear Ms. Robbins:
It has recently come to the City's attention that your client, Manuel Silva's, application
for membership to the Tinkers Island Association, Inc. has been denied. See the.enclosed letter
from David Davies, President of the Association.
In light of this recent development, it is the City's position that Mr. Silva currently has no
standing to apply for a building permit because he does not own the land, is not a lessee of the
City of Salem, nor is he a'member of the Tinkers Island Association, Inc., a past and future
lessee of the Island.
As you may know, applications for building permits for single and two-family dwellings
pursuant to Title 780, section 5110.5 of the Code of Massachusetts Regulations require that the
"application for a permit shall be made by the owner...of the detached one or two-family
dwelling or agent... If application is made other than by the owner, the written authorization of
the owner shall accompany the application. Such written authorization shall be signed by the
owner and shall include a statement of ownership and shall identify the owner's authorized
agent..." Again, as Mr. Silva appears not to have an ownership interest, the city must take the
position that he lacks standing to acquire a building permit for this location_
If you have any questions or can provide further information relative to Mr. Silva's
standing to apply for a building permit for Tinker's Island, please do not hesitate to contact me.
rSincerely, ,
Eh abeth Rennara- .,
ec: Joseph C. Correnti, Esq.
Thomas St. Pierre, Building Commissioner
r
May 3, 2007
Mr. Manuel Silva
121 Green Lane
Middleton, Rhode Island 02842
Re: Tinkers Island
Dear Mr. Silva:
I am writing this letter to inform you that, at the regularly scheduled Annual
Meeting of the Tinkers Island Association (the "Association") held on May 1, 2007, your
application for membership into the Association was considered. After some
discussion, a motion was made and unanimously voted by the members to not
favorably consider your application for membership for the following reasons:
1. Article IV,. Section 1 of the By Laws of the Association (the "By Laws")
limits membership "to owners of habitable buildings on Tinkers Island". You do not
meet this criterion, as there is not presently, nor has there been for over 15 years, a
habitable building on the old McFadden campsite.
2. Article VIII of the By Laws, Transfer of Habitable Buildings, is clear that a
member may only transfer, a habitable building and nothing else. This applies in the
situation of a living member as well as a deceased member. Without a habitable
building, there is nothing to transfer. There has not been a habitable building at the
McFadden site since 1991.
Pursuant to our agreement with the City of Salem, since you are not a member of
the Association, you may not construct any building on the Island. You expressed to
me several times and to the meeting of the Executive Board on November 19th, 2006,
your promise to demolish the structure if the association voted against accepting you as
a member. Would you please honor that commitment in full compliance with the rules
and regulations of the City Building Department, with a demolition permit and a licensed
demolition contractor? Thank you.
Sincerely,
David Davies, President
Cc: Joseph C. Correnti, Esq.
Deirdre H. Robbins
Attorney at Law
81 Washington Street, Suite 312
Salem, Massachusetts 01970
Phone: (978) 745-2400
Fax: (978) 745-1992
Deirdre.Robbins@comcast.net
June 1, 2007
Mr. Joseph A. O'Keefe, Sr.
Committee on Ordinances, Licenses and Legal Affairs
City of Salem
Office of the City Council
Salem City Hall
93 Washington Street
Salem, MA 01970-3592
Re: Tinkers Island Lease/License
Dear Mr. O'Keefe:
Thank you for your letter of May 25 and your assurance that I will be notified in
advance of the date and time of any meeting of the Committee to discuss your site visit to
Tinkers Island, outstanding code issues, and a lease/license agreement.
As you may or may not be aware, my client, Manuel Silva, has met with some
representatives of the Tinkers Island Association, along with their attorney, Joseph
Correnti. At that meeting, a small bit of progress was made, and we are waiting to hear
back whether the Association wishes to continue to talk with Mr. Silva. In the spirit of
acting in good faith, I have disclosed your letter to Mr. Correnti. I assume that he, in the
same spirit, will let me know if he has contact with you about Tinkers Island matters.
I look forward to hearing from Ms. LaPointe when the meeting will occur. In the
meantime, please do not hesitate to contact me if you have any questions.
Very truly yours, I
Deirdre H. Robbins
cc: Jason Silva, Mayor's Office
Carey Duques, Conservation Commission
Thomas St. Pierre, Building Commissioner
Elizabeth M. Rennard, City Solicitor
Cheryl A. LaPointe, City Clerk
Joseph Correnti,Esquire
Manuel Silva
EmARDSANGELL PALMER&DODGE up
.111 Hunungron Avenue Boston.SMA 02199 617.239.0100 fa.v617.227.4420 eapolaw.com
Sander A. Rikleen
617.951.3355
fa 888.325.9550
srikleen@eapolaw.com
September 1, 2009
The Tinkers Island Association
Harry Gundersen, President
c/o Gundersen Associates
20 Central Street, Unit 2
Salem, MA 01970
Re: Manuel Silva v. Tinkers Island Association, Inc. and David L. Davies, II, its President
Essex Superior Court, Civil Action No. 08-675-A
Dear Harry:
Now that this case has been dismissed with prejudice (meaning that the claims asserted by
Manny Silva have been determined to be without merit),this letter will explain what this case
was about.
After he was given three (3) attempts to allege facts sufficient to state a legally recognizable
claim, the Essex Superior Court has ruled that Plaintiff Manny Silva did not articulate any valid
claim and this action was dismissed by the Court, with prejudice, on July 17, 2009(see the
enclosed Judgment dated July 17, 2009). Since Plaintiff has not filed a Notice of Appeal, the
dismissal is final.
In substance,this action arose out of a squatter's efforts to build a Camp type structure for
himself on land he did not own, without permission from anyone who had the right to grant him
such permission.
Manny Silva's attempt came to the attention of the Association on October 31, 2006, when it
learned that a stranger was in the process of building a new structure on Tinkers Island. Upon
inquiry,the Association learned that the stranger was Manny Silva. He did not have a building
permit and claimed to have.purchased a"right"to build a new structure from the widow of
George J. Davison, Jr. Mr. Silva produced a"bill of sale" for the old McFadden Camp as
"evidence"of his October 3, 2006 "purchase" (copy enclosed).
The "seller",the Estate of George J. Davison, Jr.,never owned any land or building on the Island
and George Davidson was never a member of the Association. The old McFadden Camp,and
much of the land on which it sat, had washed away during a storm in 1991, leaving only a small
storage shed. Thereafter, the McFadden family did not make any further dues payments to the
Association and their membership in the Association lapsed. Although there were some initial
discussions about rebuilding after the 1991 storm, no one attempted to do so until Manny Silva
showed up fifteen(15)years later.
BOS 735071.3
EDWARDS ANGELL PALMER&DODGE u.r
Tinkers Island Association
September 1, 2009
Page 2
Although Manny Silva's"bill of sale"purported to be signed by Linda J. Davison as "executrix
of the estate of George J. Davison, Jr.", it is clear from review of George Davison's probate file
at the Essex Probate Court (Estate of George J. Davison, Jr., Essex Probate Court Docket No.
02PO922-ADI)that his estate never claimed to have an interest in Tinkers Island or any personal
property on the Island. As can be seen from the enclosed probate papers, George Davison died
intestate on March 10, 2002, leaving his wife Linda and his daughter as his only his heirs-at-law.
His wife was appointed Administrator and filed an Affidavit and Inventory of the Estate with the
Probate Court, each of which were signed under oath, and neither of which claimed an interest in
the Island or any buildings or other personal property on the Island.
Nor does the October 3, 2006 "bill of sale"actually purport to sell anything claimed by the
Estate. Although the "bill of sale" makes reference to a"tract of land" at "Tinkers Island, Salem,
Massachusetts, Map-Lot: SUFF: 47-0011",this reference, apparently a Salem Tax Assessor's
reference and presumably prepared by Mr. Silva, is misleading. George Davidson did not own
any portion of the Island and did not claim to own any land or personal property on the Island.
The "bill of sale" says only that it transfers whatever rights the "GRANTOR may have"—
Grantor had none to transfer—and it is clear that Manny Silva did not pay anything for his
"purchase"of the supposed"rights"which the Estate did not even claim to have. Inspection of
the"bill of sale" discloses that Linda Davidson was paid only "ONE DOLLAR, cash" for the
"bill of sale".
When the Association's President informed Manny Silva that he did not have permission to build
on the Island, he acknowledged that he should not have started construction, and said he would
like to apply for membership in the Association. Although his words were conciliatory, he
actually sped up his construction activities, apparently trying to get as much done as he could
before someone would make him stop. He violated the Building Inspector's cease and desist
order and even stayed in the shed overnight although he had no permission to be on the Island
and occupying the shed was a direct violation of the Building Inspector's order.
Mr. Silva did not honor promises he made to the Association and its President about stopping
construction work, he delivered additional building materials to the site without Association
approval, he undertook construction without Association approval or any of the required permits,
and he did not honor a Building Inspector cease and desist order.
Although he had not been truthful and did not meet the criteria for membership,the Association
duly considered Mr. Silva's request for membership on two occasions, and allowed him to
appear to "make his case". His application for membership was first considered at the
Association's Board of Directors meeting on May 1, 2007. After full discussion of Mr. Silva's
conduct and the manner in which he had ignored instructions from the Association and the
Building Inspector, the Board unanimously voted to reject Mr. Silva's application for
membership in the Association. Subsequent to that vote, at Mr. Silva's request, a special
meeting of the full membership of the Association held on November 8, 2007 for the sole
BOS 735071.3
EmARDS ANGELL PALMER&DODGE uP
Tinkers Island Association
September 1, 2009
Page 3
purpose of reconsidering the Board's vote to reject Mr. Silva's application for membership. Mr.
Silva appeared at that meeting and was given an opportunity to explain his conduct. After his
presentation, and full discussion, the Association unanimously voted to reject Mr. Silva's
application for membership in the Association for a second time.
When he was not granted Association membership, Manny Silva sued the Association and its
President, seeking declaratory and injunctive relief establishing that he was entitled to
Association membership, and seeking damages from the Association and its President for the
amounts he claimed he had spent in"reliance"upon their conduct or promises. Defendants
moved to dismiss all of Silva's claims before filing a formal Answer to the suit and before any of
the standard fact discovery. Mr. Silva's claims were dismissed at the outset of the case because
the Court ruled that even having had three chances to state a claim in his Complaint, Amended
Complaint, and Second Amended Complaint,he was not entitled to any of the relief he sought as
a matter of law. In substance, having acted on his own as a squatter, he was not entitled to either
Association membership or damages.
Please let me know if you would like any additional information.
Ve truly�s✓���
CA-�- .
Sander A. Rrkleen
SAR/lmad
Enclosures:
Judgment,dated July 17, 2009
"Bill of sale", dated October 3, 2006
Essex Probate Petition for Appointment of Linda J. Davison,the surviving spouse of
George J. Davison, Jr., as Administrator, dated March 29, 2002.
Essex Probate Affidavit of Linda J. Davison, dated June 18, 2002.
Essex Probate Inventory of the Estate of George J. Davison, Jr., dated June 29, 2002.
BOS 735071.3
Commonwealth of Massachusetts 1
County of Essex
The Superior Court
CIVIL DOCKET# ESCV2008-00675
Silva,
Plaintiff(s)
vs
Tinkers Island Assoc Inc et al,
Defendant(s)
JUDGMENT ON MOTIONS TO DISMISS
(Mass.R.Civ.P. 12b)
This action came on for hearing before the Court, Timothy Feeley, Justice upon
the Defendants' Tinkers Island Association, Inc. and David L, Davies, ll, motions to
dismiss second amended complaint pursuant to Mass. R.Civ.P. 12(b), and upon
consideration thereof,
It is ORDERED and ADJUDGED:
That the plaintiffs second amended complaint be and hereby is DISMISSED with
prejudice.
Dated at Salem, Massachusetts this 17th day of July, 2009.
By:....................... %:..... .............................
Assistant Clerk
Entered: 7/17/09
Copies mailed 07/17/2009
[vd,dl2b_l.vpd 819653 judl2b pa[[en[
p
STATE OF MaasaoIiusetta
COUNTY OF Itssa
This indebture`siddE this 3=d day of October:, 2006, between
.Linda J_ Davison as GRAIftC i, and I3aitiiel A.. Silva as (3t7 nME.
The eRADIT6R, on hehalf of herself, her heirs,
a*ecu'tora, .administrators, successors, representatives and -
assigns, for and in consi.daratlou of the stn of OM DOLLAR, cash
. - in hand paid at nor before delivery of this document, ilia receipt
of which. is hereby aolmowledged, has bargained.sad sold itd by
this document anis does transfer onto said Mur1=' on behalf at
himself, his hi irs, e"ouiors, administrators, successors,
represehtatives and assigns all the rights the GRSNTOR may have
in and to. the foll'owi,ng described property:
address: TiAaft i8dantl, Salem, Massachusetts
b%P-1:0ot; SUM 47-0011
TO SAV& AID TO HOLD the said tract of land, with all the
rights thereof,
The Grantor and her family hereby retain the right to visit said
Tinkers Island in-the future, -
The Grantee hereby &same* all past liabilities on said property
including City of Salem Taxes and Tinkers Island Association dies.
The said MWMOR has herewith signed this day and year first above
written. -
�L✓ w..,
GRANTOR
Londa J. Davison,- ez trix Of the estate of George J. Davison, Jr.
The said -M%AW"M has herewith signed this day and yeas first above
written. �'
�
Manuel Ar. Silva
S Y-2
Commonwealth of Massachusetts
The Trial Court
Essex Division Probate and Family Court Department Docket No. 0d 09aa '/910/
Administration WftMithout Sureties
Name of Decedent George J. Davison_ Jr.
DomicileatDeath 80 Farrell Road Lynn Essex 01905
(Street and No.) (CHV or Town) (County) (Zip)
Date of Death March 10 2002
Name and address of Petitioner(s) Linda J. Davison
80 Farrell Road Lynn, MA 01905
Status Surviving Spouse
Hers of law or next of kin fif deceased including surviving spouse;
Name Residence Relationship
(minors and in
coritMents must be so desi�nat&V� Wife .
Linda J. Davison 80 Far a 1 .Road, Lynn,
(,dilerie Lyn occhipinti 2BA Margin Street Lynn, MA 01905 Daughter
.:fit,y,t,"•,
® The petitioner(s) hereby'certif lesthat a copy of th'Egdocumept along with a copy of the decedeht's death
cert ficate has been sent 6y'oeit%d mail•t_o the Department of Public Welfare,P.O:Box 86'Essex Station,
Boston, Massachusetts 02112:
Petitioner(s)pray(s)thatdie/shefthey=or-sonv-- - ;ukeblepeisen
® Wrthe g:efbe appointed
administrat rix of said estate%Wwithout surety on his/her/tke rbond(s) and certif ies under the
penalties of perjury that the foregoing statements are true to the best of#us/her/their-knowledge and belief.
Di fe March 29, 2002 Signature(s) os ✓� Q✓
Lin a J. Davi n
The undersigned hereby assent to the foregoing petition.
in a i Dqvison Valerie Lyn cchipinti-
DECREE
All.persons interested having been notified in accordance with the law or having assented and no objections
beipgmade,thereto,it is decreed that Linda J. Davison
o{ Lvnn in the
Cormt; of � t�anpobted.adminisvot oisaid:estate-itsi•givurgvond
witfr :c"It sunatiesfor-the due oerbumancavfsaid-trust.
ttt
lU.a� .eunr�'rusCOUnt".: ..'t
° rGY.#i�Hl 44.x:.. .` ..: :as ai5 5'+. :t...,u_'�"
Y+� � �� '4,� .A,�,•,�µrc�tv'A�+fi� £ is ':+# i�rv,� '��3i gw' m �4 " 'e�"✓ik�"�.. f"�y�
s °t�II
a,.
; 7 s, ; O�po9aa qnr
For_PeULoner. Docket No.
TPaul M. Shea, Jr. , P.C. /1aman
.1,7. Revere Street
Gloucester, MA 01930-1234 Administration
Tel. No. 978-283-4383 Wft#NWithout Sureties
Pe
(kion,e cdeeA"j 0 ZGVZ
For Respondent: Filed 19
uCitation Issued
`r
Return" � g
Tel No Allowed '
Publication in the Q' a
Recorded Vol.-Page
fristractions
,�7 059BABOO 04/05/02PROs
r a"Massac�husetts general flaws Chapter,�93,Section 7.
t.� sserits of all pefsons'required for filing Admm�s(rations Without Sureties.
2,Tetitioner must be a party in interest or have assent of at least one interested person for filing with sureties.
3. Certified copy of appointment of a fiduciary is required if appointment is not in same Court.
4. Strike words"or some other suitable person"if this is a petition for Administration Without Sureties.
059BADOO 04/05/02SL'RC 13.00
v�Azaaw
... aN ch, "Y; ��:�t .a .�r . .a' a &'}w'" +.. M w�.e'. �.rct.M x.r'"�Fn" i^. 1 7ra,4cYr: ' :'cam '-` �a. .°�' >•'zta�+C
AFFIDAVIT
M.G.L. c. 65C, § 14(a)
RE: George J. Davison Jr.
Late of Lynn,Massachusetts 01905
Date of Death: March 10,2002
I, Linda J. Davison, after first being duly sworn, do depose and say that:
1. I am a person in actual or constructive possession of property of the
r�- Decedent, qualified as a person entitled to give this affidavit because I am
the surviving 'spouse -of the decedent and I am the duly appointed
Administratrix of the Estate of George J. Davison Jr. (Essex Probate
Docket No. 02P0922-ADI.
2. At the time of his death, the Decedent owned an interest in real estate
situated at 80 Farrell Road, Lynn, Essex County, Massachusetts, as more
particularly described in a certain deed from Margaret L. Girvan to George
J. Davison Jr. and Linda J. Davison dated June 12, 1972 and recorded in
the Essex South District Registry of Deeds in Book 5876,Page 223.
The decedent also owned an interest in Unit 129D in the Hamlet
Condominium, Red Jacket Lane, Salem, Essex County, Massachusetts, as
more particularly described in a deed from Ledgemere Condominium
Corporation to George J. Davison Jr. dated July 14, 1992, which deed is
recorded in said Registry in Book 11386 Page 438.
3. The gross estate of the Decedent does not necessitate a federal estate tax
filing.
4. This affidavit is Driven pilrs_nant to and in accordance with the previsions of
Massachusetts General Laws Chapter 65C, Section 14(a).
Executed under the pains and penalties of perjury this /X day of June,2002. -
LINDA J. DAVISON
s
A: •,
COMMONWEAL TE;OF VASSACHUSET i S
..' Essex. ss June 2002
Then personally appeared Linda .. Darison and made oath That the foregoing
statements are true and aclmowled�ed ine ioreQotna to be her "see act and deed, before
Notary Pub
My Commission expires:
I
I
i
2
Commonwealth of Massachusetts
The Trial Court 02P 0922-ADI
pgSEX Division Probate and Family Court Department Docket No. _
INVENTORY
To Linda J. Davison
of Lynn in the County of Essex
2MRWRIOWr/Administratrix
YOU are directed to appraise, under the penalties of perjury, the estate and effects of
George 'J.•Davison, Junior late of Lynn
which may be in said Commonwealth; and return to the Probate Court for said County of pcsPx
Register of Prot(de Court
lam— Pu ant the.foregoing order to '`�inda J navison. said estate is'appraised as In
Amount of Personal Estate,as per schedule exhibited, $ 4iz;8-87r.6o
Amount of Real Estate, as per schedule exhibited, $ 211,461.00
I Linda J. Davison
the—tfesles— minlst r/administratrix—ezXgi TTfex'acu —guardian—ceased—resesaer ,of
the estate of said deceased,certify Under the penalties of perjury that the foregoing is a true and perfect inventory
of all the estate of the within named that has come to—my—euf=. possession or knowledge,and sets forth the
actual market values of the various items thereof ascertained by —me to the best of—my—es;=—
knowledge,information and belief.
2002
Lima J. Davi�%bn
9ignarurafs;
:J-P 4•(Sh7P)
4L�.
77
11
��.
SCHEDULE OF PERSONAL ESTATE IN DETAIL
Dollars CIS.
1. Salem Five Cents SavingsBank -
Checking Account #0880071436 13,600 00
2. The First National Bank of Ipswich - -
Account X11024754506 2,029 00
3. Prudential Financial
a. ESA'- 076136 13,572 00
b. ESA - R28762 68,531 00
c. ESA - R28771 30,955 00
4. 94 Shares of common stock in
Rainbow Seafoods Inc.. 276,000 00
5. I986°Mercedes Benz 560SL 8,200 00
412,887 00
..
S -1
I
I
I
� I
i
I
lea
,
M �(
SCHEDULE OF REALESTATE IN DUAI
Y t )r •J,
Dollars Cts.
Condominium unit 129D situate at 6 Red Jacket -
Lane, Salem, Massachusetts, known as the
Hamlet Condominium. For title reference
see deed dated July 14, 1992, recorded in
Essex South District Registry of Deeds in
Book 11386, Page 438.
Fair Market Value $279,500
Less: Mortgage 68,039 211,461 00
nth: t
C"
yr3
sFIL E , I;' r57n
Docket No. 02P 0922-ADI
Davison, George J. , Jr.
Inventory
INSTRUCTIONS
Appraise estate as of date of death when filing as administrator,executor,administrator with thew!11 annexed,
special administrator;public administrator.
Appraise estate as of date of appointment when filing as conservator, guardian, trustee,receiver.
,... ..d .s:.•h1 na.,9 :_... 1.r€k.r-.,:. tis' 3. _ £:.-.. .�i
Thomas Stpierre
From: Gundersen Harry [hfg@gundersenassociates.com]
Sent: Wednesday, July 27, 2011 8:13 AM
To: Thomas Stpierre
Subject: TIA
Mr. St. Pierre,
As president of the Tinkers Island Association I attest that neither Manny Silva nor Peter
Vallis are members of the Tinkers Island Association.
Harry Gunderson
1
Thomas Stpierre
From: Gundersen Harry[hfg@gundersenassociates.com]
Sent: Wednesday, July 27, 2011 8:13 AM
To: Thomas Stpierre
Subject: TIA
Mr. St. Pierre,
As president of the Tinkers Island Association I attest that neither Manny Silva nor Peter
Vallis are members of the Tinkers Island Association.
Harry Gundersen
1
DATT Of_1lIMIT /TaMR He. OwwTl 447-0010
LOCATION
ANNIE HARRIS TINKERS ISLAND
S1AUCiUt! MAipIAI OIMTNSIONS W.OF fT0lITS lN,Of iAMHRS WAlD' COST
WLLOT�
10/06/98 11835-98 RECONSTRUCT CAMP SITE. FRAMING,ROOFING, 2RROMS S BOILER ROOM.
DRAWINGS SUBMITTED. est. 20,000.00 fee 125.00 K.G.G.
Deirdre H. Robbins
Attorney at Law
81 Washington Street, Suite 312
Salem, Massachusetts 01970
Phone: (978) 745-2400
Fax: (978) 745-1992
Deirdre.Robbins@comcast.net
May 10, 2007
Mr. Thomas St. Pierre
Building Inspector
City of Salem
120 Washington Street, 3rd Floor
Salem, MA 01970
Re: Tinkers Island Parcel 47-0011 (Manuel Silva)
Dear Mr. St. Pierre:
I am writing to request once again that you send me the documents I
requested in my Public Records Act request of March 19, 2007 (copy enclosed). I
am not sure what the holdup is. You had stated in our meeting with Beth
Rennard and Jason Silva on March 28 that all you have responsive to the requests
is an application of Annie Harris and the building permit issued to her, and in
fact you showed me a copy of the latter at the meeting. I have reminded you two
or three times by telephone, and each time you have promised again to send the
documents.
Please forward those documents immediately.
Thank you.
Very truly
i
Deirdre H. Robbins
cc: Manuel Silva
QN.ryV,II , CITY OF SALEM9 MASSACHUSETTS
' y PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET. 3RD FLOOR
' 1 ( SALEM, MASSACHUSETTS 01970
._ TELEPHONE: 978-745-9595 EXT. 380
+M� FAX: 978-740-9846
KIMBERLEY DRISCOLL
MAYOR
January 16, 2007
Mr. Manuel Silva
121 Green Lane
Middletown, R.I. 02842
RE: Tinkers Island
Dear Mr. Silva:
This Department has been made aware that you have started construction on a new home
on Tinkers Island. Tinkers Island is within the City Limits and the Island itself is owned
entirely by the City of Salem. The City has a lease agreement with the Tinkers Island
Association, Inc. for the use of the entire island. We understand that you are not part of
the Tinkers Island Association.
All required approvals and permits (i.e. building, plumbing, electrical, health,
conservation ect).would need to have been secured through the City of Salem. There are
no permits of any kind for your construction. Per the Authority of the Massachusetts
State Building Code 780 CMR you are ordered to cease and desist all construction. You
are further ordered to remove the structure and foundation within 30 days upon receipt of
this notice. Failure to comply with this order will result in a criminal complaint being
filed in Salem District Court. You may also be subject to civil fines.
If you feel you are aggrieved by this order, your appeal is to the Board of Building
Regulations and Standards in Boston, Ma. If you have any questions regarding this letter,
please contact me directly.
Sinc /y,
Thomas St. Pierre
Building Commissioner
cc: Jason Silva, Mayors Office
Beth Rennard, City Solicitor
Mass DEP North East Regional Office
Carey Duques, Conservation Agent
Sgt. Peter Gifford, Salem Harbormaster
e �
CZ MONWEALTH 0r' MASSACHUSETTS
FZHEAST HOUSING COURT
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Plaintiff
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PrV15or- _ Defendant
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� MOTION WITH HEARING AT SALEM SESSION
An �
The undersigned Ord
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] to amend
[ to dismiss Ehis ease — —
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and set the case for trial on
-�A j-[ ) to stay execution until
to issue execution -
-to order payment of the judgment within [ 30 days) [
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sA for the following reasons :
This motion will be heard by the Northeast Housing Court at
- \ o groom 1 , Juvenile Courthouse , 45 Con ress Street , Salem ,
�S ot9 T o' clock a . m . Wednesday, �3,
/ , 200
I (gave ) (mailed) a copy of this motion on
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COMMONWEALTH OF MASSACHUSETTS
NORTHEAST HOUSING COURT
h�A Tj ")i�- �, Vik Plaintiff
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No.
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NOTICE OF APPEARANCE
I appear for the C O� 5� in this matter
on -�,1- L , and from day to day hereafter
until the matter is concluded.
S' ature and date
Name
S CNS. %
Address
97�-9 �� - isyv
Telephone
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Board of bar Overseers Number
City Hall,93 Washington Street,Salem,MA 01970
City Hall Annex. 120 Washington Street,Salem, MA 01970 City of Salem, MA
Fax
To: ,� ci�i�SP�� �.`�' l - From:
Fax: q79 ` Jpl yS 5 3 Pages: (Including this page)
Date: V r) IQ Phone: (978)745-9595 ext.
Re: CC:
❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle
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Deirdre H. Robbins
Attorney at Law
81 Washington Street, Suite 312
Salem, Massachusetts 01970
Phone: (978) 745-2400
Fax: (978) 745-1992
Deirdre.Robbins@comcast.net
January 26, 2007
Mr. Thomas St. Pierre
Building Commissioner
City of Salem
120 Washington Street, 3`d Floor
Salem, MA 01970
Re: Tinkers Island Parcel 470011-00 (Manuel Silva)
Dear Mr. St. Pierre:
Please be advised that I am representing Manuel Silva with regard to the
construction he began on Parcel 11 of Tinkers Island. On January 24, 1 spoke with the
woman who answered the telephone at your office, and discussed with her the fact that it
would seem to make sense for Mr. Silva to wait to apply for a building permit until after
he has completed the process with the Conservation Commission. The woman with
whom I spoke said she thought that would be acceptable to you, and she would be certain
to discuss the matter with you.
On January 16, 2007, you sent a letter to Mr. Silva informing him of the need to
secure required construction permits, and ordering him to cease and desist all further
construction at the site. Mr. Silva informs me that he has, in fact, stopped all
construction, and will not do any further construction until all applicable permits are
secured and all laws and regulations complied with. Mr. Silva was under the mistaken
belief that he needed only the approval of the Tinkers Island Association to construct, and
he is now aware that that belief was entirely incorrect.
Mr. Silva and I met with the Conservation Commission yesterday evening, and
Mr. Silva has hired William Ross, P.E., of New England Civil Engineering Corporation
to assist him in filing a Notice of Intent and determining what other permits are required.
Mr. Ross has already begun his survey of the property, and plans to visit the site soon
(which, as you know, requires a boat, a dinghy, and reasonable cooperation of the
weather). The Conservation Commission agreed to allow Mr. Silva sixty (60) days to
submit the NOI and to ascertain what other permits are necessary. Mr. Silva is quite
anxious to comply with all necessary requirements.
Please let me know if you have any problem with Mr. Silva waiting until after the
Conservation Commission procedure is complete before he applies for a building permit,
with the understanding that no construction will be done until and unless a building
permit is issued. Also, at this time, Mr. Silva does not plan to dismantle the partial
structure that has been erected, as requested in your letter, but rather to leave it covered
and store the building materials on the site. Please get in touch with me if that is not
acceptable to you.
I want to stress in closing that Mr. Silva informs me that he understands
completely that he erred in beginning construction without the necessary permits, and
wishes to cooperate fully with all applicable boards and agencies from this point forward.
To that end, I ask that your office stay in communication with my office, and I will be
sure that Mr. Silva understands what must be done and takes all necessary steps to do it.
I know that is his intent.
Thank you for your anticipated cooperation.
Very truly yours,
Deirdre H. Robbins
cc: Manuel Silva
Carey Duques, Conservation Agent/Staff Planner, Conservation Commission
Deirdre H. Robbins
Attorney at Law
81 Washington Street, Suite 312
Salem, Massachusetts 01970
Phone: (978) 745-2400
Fax: (978) 745-1992
Deirdre.Robbins@comcast.net
March 19, 2007
Mr. Thomas St. Pierre
Building Inspector
City of Salem
120 Washington Street, 3`d Floor
Salem, !vIA 01970
Re: Tinkers Island Parcel 470011 (Manuel Silva)
Dear Mr. St. Pierre:
Manuel Silva has asked me to write you and inquire whether you have any
objection to his going out to the parcel on Tinker's Island where he began construction
several months ago, in order to clean up some construction debris and some debris left
over from the home that washed away in 1991 (old pots and pans and so forth'). He
would like to do this fairly soon, as soon as the weather is nice enough. No further work
will be done on the cottage, of course, until proper permits are in place.
If you have,any objection, please let me know. I have asked the same question of
the Conservation Commission.
Thank you.
�Very�urs,
Deirdre H. Robbins
cc: Manuel Silva
Carey Duques, Conservation.Agent/Staff Planner, Conservation Commission
of'SaIrm, '4assarhustffs
s , Off= of fl{e Cfg Caunril
tifg Pall
COUNCILLORS-AT-LARGE MATTHEW A.VENO WARD COUNCILLORS
PRESIDENT
2007 2007
MARK E. BLAIR CHERYL A. LAPOINTE - LUCY CORCHADO
THOMAS H. FUREY CITY CLERK MICHAEL SOSNOWSKI
JOAN B. LOVELY - - JEAN M. PELLETIER
ARTHUR C.SARGENT III LEONARD F.O'LEARY
MATTHEW A.VENO
MEMORANDUM PAUL C. PREVEY
JOSEPH A.O'KEEFE,SR.
February 26, 2007
TO: Committee on Ordinances, Licenses&Legal Affairs: Councillors Joan B.
Lovely; Michael Sosnowski; Jean M. Pelletier; Paul C. Prevey
Council President Matthew A. Veno
FROM: Joseph A. O'Keefe Sr. Chairma
#1
SUBJECT: Council Order# 158 of 2007
Proposed three-year license agreement between the City of Salem and the
TINKERS ISLAND ASSOCIATION INC.
Your attention is directed to the packet of information on the above captioned order
which was referred to this Committee by the City Council on February 22, 2007.
I have attached a sheaf of documents from the Salem Conservation Commission and
Salem Building Inspector Thomas St. Pierre alleging infractions of various regulations
and codes notwithstanding the February 14a'2000 lease agreement of the Tinkers Island
Association Inc. `to comply with all laws, ordinances, rules and regulations which
pertain or apply to the demised premises and the use thereof'.
I do not believe the Committee should act on Mayor Driscoll's license request until
and unless all outstanding regulation and code infractions have been resolved to the
satisfaction of the Salem Conservation Commission and Salem Building Inspector
Thomas St. Pierre; furthermore I believe the Committee should consider a site visit in the
spring to Tinkers's Island similar to the site visit the Committee plans on embarking on to
aker's Island.
espectfully,
/c Mayor Kimberley 1. Driscoll
City Solicitor Elizabeth Rennard
Salem Building Inspector Thomas St.Pierre/Salem Conservation Commission
David Ij, Davies II, President, Tinkers Island Association Inc. 10 Candleberry Rd
Barrington RI 02806
Deirdre H. Robbins, Esq. 81 Washington St .Salem MA 01970
SALEM CITY HALL • 93 WASHINGTON STREET• SALEM, MA 01970-3592 • WWW.SALEM.COM
`sCC I A�
June 25, 2008
Mr. Frank Kulik
Director of Assessing
93 Washington Street
Salem, MA 01970
Re: 47-0001-911
Dear Mr. Kulik:
The Tinkers Island Association would like to clear up a clerical error that has resulted in
tax bills for a Tinkers Island account being sent to a Mr. Manuel Silva, who is not and
never has been an owner of property on the island. Mr. Silva presented your staff with a
purported bill of sale for a parcel of land on Tinkers Island. Association bylaws govern
transfer of habitable structures on the island and neither the former member who last
owned such a structure on the island in 1991 nor Mr. Silva received association approval
for any kind of transfer.
The Tinkers Island Association should receive and will pay tax bills on this account.
Bills should be sent to 34 Mansfield Street, Lynn, MA 01904. Enclosed are documents
denying Mr. Silva association membership,the city solicitor's determination that Mr.
Silva lacks standing to apply for building permits, and Mr. Silva's purported bill of sale.
If you would like any additional information, please feel free to contact me at
781.929.3369. Thank you for your consideration.
Yours truly,
�r
`Janice LeColst
Secretary, Tinkers Island Association
34 Mansfield Street
Lynn, MA 01904
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DATE O/PERMIT PERMIT Ns. OWNER #47-0010
IOCAl10F/
ANNIE HARRIS TINKERS ISLAND-- --'
STRUCTIpE MATERIAE DIMENSIONS Nw OF STORIES Nw OF FAMILIES WARD COST
BIRDER
10/06/98 4835-98 RECONSTRUCT CAMP SITE. FRAMING,ROOFING, 2RROMS & BOILER ROOM.
DRAWINGS SUBMITTED. est. 20,000.00 fee 125.00 K.G.G.
ONU7T.�,AA CITY OF SALEM9 MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
120 WASHINGTON STREET, 3RD FLOOR
f o. SALEM, MASSACHUSETTS 01970
TELEPHONE: 978-745-9595 EXT. 380
FAX: 978-740-9846
KIMBERLEY DRISCOLL d
MAYOR
January 16, 2007
Mr. Manuel Silva
121 Green Lane
Middletown, R.I. 02842
RE: Tinkers Island
Dear Mr. Silva:
This Department has been made aware that you have started construction on a new home
on Tinkers Island. Tinkers Island is within the City Limits and the Island itself is owned
entirely by the City of Salem. The City has a lease agreement with the Tinkers Island
Association, Inc. for the use of the entire island. We understand that you are not part of
the Tinkers Island Association.
All required approvals and permits (i.e. building, plumbing, electrical, health,
conservation ect).would need to have been secured through the City of Salem. There are
no permits of any kind for your construction. Per the Authority of the Massachusetts
State Building Code 780 CMR you are ordered to cease and desist all construction. You
are further ordered to remove the structure and foundation within 30 days upon receipt of
this notice. Failure to comply with this order will result in a criminal complaint being
filed in Salem District Court. You may also be subject to civil fines.
If you feel you are aggrieved by this order, your appeal is to the Board of Building
Regulations and Standards in Boston, Ma. If you have any questions regarding this letter,
please contact me directly.
Sinc /,
Thomas St. Pierre
Building Commissioner
cc: Jason Silva, Mayors Office
Beth Rennard, City Solicitor
Mass DEP North East Regional Office
Carey Duques, Conservation Agent
Sgt. Peter Gifford, Salem Harbormaster
January 03 2007
Massachusetts Coastal Zone Management
251 Causeway Street
Boston, MA 02114-2136
Massachusetts Department of Environmental Protection
One Winter Street
Boston, MA 02108
City of Salem Conservation Commission
Salem City Hall
93 Washington St.
Salem, MA 01970
City of Salem Public Properties/Building Department
Salem City Hall
(3 Washington St.
Salem, MA 01970
City of Salem Legal Department
Elizabeth Renard, Esq. Acting City Solicitor
Salem City Hall
93 Washington St.
Salem, MA. 01970
To whom it may concern,
It recently came to my attention that a new building(approximately 20' x 30') is being
built on the Southwesterly end of Tinkers Island. Tinkers Island is located off the coast of
Marblehead and is part of the City of Salem. I was surprised to see a house being built at
that location and have done some investigation: The structure is located in the Velocity
Zone on ledges between the rocky beach and the top of the coastal bank. No order of
conditions has been issued by Salem Conservation Commission or by D.E.P. No
building permit has been issued by the Salem Building Department. The island has no
municipal services ( i.e. sewer and water) and no permit to install a septic system has
been issued by the Board of Health. Furthermore I believe that the building is being built
on land owned by the City of Salem.
I trust that you will look into these matters and see to it that all applicable laws and
regulations are followed.
CITY OF SALEM
' CONSERVATION COMMISSION
David L. Davies II, President
Tinkers Island Association
10 Candlebetry Road
Barrington, R.I. 02806
Sent via Certified Mail 7005 3110 0000 7176 6295
Re: Violation on Tinkers Island
February 22, 2007
Dear President Davies,
The City of Salem Conservation Commission would like to bring to your attention that a
member of the Tinkers Island Association was recently cited as being in violation of the
Massachusetts Wetlands Protection Act and the City of Salem Wetlands Bylaws for the
construction work that was occurring on Tinkers Island. The Salem Conservation
Commission received a letter notifying them that construction was occurring on Tinkers
Island and the Commission responded immediately, see attached letters.
The Commission does not have any permits on record stating that this work has been
permitted and, therefore, issued the land lessee an Enforcement Order and requested he cease
and desist all work on the property. The land lessee came before the Commission on January
25, 2007 and discussed the proposed work and his plan to file a Notice of Intent with the
Conservation Commission. The land lessee has agreed to stop all work until he has received
an Order of Conditions from the Salem Conservation Commission.
As a result of this incident, the Conservation Commission would like to remind Tinkers
Island Association that per the lease for Tinker Island held between the City of Salem and
Tinkers Island Association, "Lessee agrees to comply with all laws, ordinances, rules and
regulations which may pertain or apply to the demised premises and the use thereof."
Therefore, Tinkers Island Association and future lessees of Tinkers Island shall comply
with the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Bylaws
for areas that fall within the Conservation Commission's jurisdiction.
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAX: 978.740.0404 • WWW,SALEM.COM
s l q G
If you have any questions about this or other conservation or wetlands issues, please feel
free to contact Carey Duques, Conservation Agent, at 978-619-5685, or myself at 978-
479-3295.
Sincerely,
-Y�" C ""ate
Kevin C. Comacchio
Chairman of the Salem Conservation Commission
Cc: Lynn Duncan,Director Planning and Community Development
cThomas_St.-Pierre-Bu_ilding-Inspector3
Beth Rennard, City Solicitor
Jason Silva, Chief Administrative Aide
Mark E. Blair, City Councillor
Massachusetts DEP Northeast Regional Office
Encl.
January 03 2007
Massachusetts Coastal Zone Management
251 Causeway Street
Boston, MA 02114-2136
Massachusetts Department of Environmental Protection
One Winter Street
Boston, MA 02108
City of Salem Conservation Commission
Salem City Hall
93 Washington St.
Salem, MA 01970
City of Salem Public Properties/Building Department
Salem City Hall
(3 Washington St.
Salem, MA 01970
City of Salem Legal Department
Elizabeth Renard, Esq. Acting City Solicitor
Salem City Hall
93 Washington St.
Salem, MA. 01970
To whom it may concern,
It recently came to my attention that a new building(approximately 20' x 30') is being
built on the Southwesterly end of Tinkers Island. Tinkers Island is located off the coast of
Marblehead and is part of the City of Salem. I was surprised to see a house being built at
that location and have done some investigation: The structure is located in the Velocity
Zone on ledges between the rocky beach and the top of the coastal bank. No order of
conditions has been issued by Salem Conservation Commission or by D.E.P. No
building permit has been issued by the Salem Building Department. The island has no
municipal services( i.e. sewer and water) and no permit to install a septic system has
been issued by the Board of Health. Furthermore I believe that the building is being built
on land owned by the City of Salem.
I trust that you will look into these matters and see to it that all applicable laws and
regulations are followed.
P
CITY OF SALEM
' CONSERVATION COMMISSION
David L. Davies II, President
Tinkers Island Association
10 Candleberry Road
Barrington, R.I. 02806
Sent via Certified Mail 7005 3110 0000 7176 6295
Re: Violation on Tinkers Island
February 22, 2007
Dear President Davies,
The City of Salem Conservation Commission would like to bring to your attention that a
member of the Tinkers Island Association was recently cited as being in violation of the
Massachusetts Wetlands Protection Act and the City of Salem Wetlands Bylaws for the
construction work that was occurring on Tinkers Island. The Salem Conservation
Commission received a letter notifying them that construction was occurring on Tinkers
Island and the Commission responded immediately, see attached letters.
The Commission does not have any permits on record stating that this work has been
permitted and, therefore, issued the land lessee an Enforcement Order and requested he cease
and desist all work on the property. The land lessee came before the Commission on January
25, 2007 and discussed the proposed work and his plan to file a Notice of Intent with the
Conservation Commission. The land lessee has agreed to stop all work until he has received
an Order of Conditions from the Salem Conservation Commission.
As a result of this incident, the Conservation Commission would like to remind Tinkers
Island Association that per the lease for Tinker Island held between the City of Salem and
Tinkers Island Association, "Lessee agrees to comply with all laws, ordinances, rules and
regulations which may pertain or apply to the demised premises and the use thereof."
Therefore, Tinkers Island Association and future lessees of Tinkers Island shall comply
with the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Bylaws
for areas that fall within the Conservation Commission's jurisdiction.
120 WASHINGTON STREET, SALEM, IVIASSACHUSE:fTS 01970 • TEL: 978.745.9,595 FAX: 978.740.0404 • WWW.SALEM.COM
P
If you have any questions about this or other conservation or wetlands issues, please feel
free to contact Carey Duques, Conservation Agent, at 978-619-5685, or myself at 978-
479-3295.
Sincerely,
)&VI
Kevin C. Comacchio
Chairman of the Salem Conservation Commission
Cc: Lynn Duncan,Director Planning and Community Development
Thomas St Pierre, Building Inspector
Beth Rennard, City Solicitor
Jason Silva, Chief Administrative Aide
Mark E. Blair, City Councillor
Massachusetts DEP Northeast Regional Office
Encl.
Deirdre H. Robbins 67
Attorney at Law
81 Washington Street, Suite 312
Salem, Massachusetts 01970
Phone: (978) 745-2400
Fax: (978) 745-1992
Deirdre.Robbins@comcast.net
January 26, 2007
Mr. Thomas St. Pierre
Building Commissioner
City of Salem
120 Washington Street, 3`d Floor
Salem, MA 01970
Re: Tinkers Island Parcel 470011-00 (Manuel Silva)
Dear Mr. St. Pierre:
Please be advised that I am representing Manuel Silva with regard to the
construction he began on Parcel 11 of Tinkers Island. On January 24, I.spoke with the
woman who answered the telephone at your office, and discussed with her the fact that it
would seem to make sense for Mr. Silva to wait to apply for a building permit until after
,he has completed the process with the.Conservation Commission. The woman with
whom I spoke said she thought that would be acceptable-to you, and she would be certain
to discuss the.matter with you.
On January 16, 2007, you sent a letter to Mr. Silva informing him of the need to
secure required construction permits, and ordering him to cease and desist all further
construction at the site. Mr. Silva informs me that he has, in fact, stopped all
construction, and will not do any further construction until all applicable permits are
secured and all laws and regulations complied with. Mr. Silva was under the mistaken
belief that he needed only the approval of the Tinkers Island Association to construct, and
he is now aware that that belief was entirely incorrect.
Mr. Silva and I met with the Conservation Commission yesterday evening, and
Mr. Silva has hired William Ross, P.E., of New England Civil Engineering Corporation
to assist him in filing a Notice of Intent and determining what other permits are required.
Mr. Ross has already begun his survey of the property, and plans to visit the site soon
(which, as you know, requires a boat, a dinghy, and reasonable cooperation of the
weather). The Conservation Commission agreed to allow Mr. Silva sixty (60) days to
submit the NOI and-to ascertain what other permits are necessary. Mr. Silva is quite.
anxious to,comply,with allnecessary requirements.:
Please let me know if you have any problem with Mr. Silva waiting until after the
Conservation Commission procedure is complete before he applies for a building permit,
with the understanding that no construction will be done until and unless a building
permit is issued. Also, at this time, Mr. Silva does not plan to dismantle the partial
structure that has been erected, as requested in your letter, but rather to leave it covered
and store the building materials on the site. Please get in touch with me if that is not
acceptable to you.
I want to stress in closing that Mr. Silva informs me that he understands
completely that he erred in beginning construction without the necessary permits, and
wishes to cooperate fully with all applicable boards and agencies from this point forward.
To that end, I ask that your office stay in communication with my office, and I will be
sure that Mr. Silva understands what must be done and takes all necessary steps to do it.
I know that is his intent.
Thank you for your anticipated cooperation.
Vzerry,j,truly yours, /��
24��
Deirdre H. Robbins
cc: Manuel Silva
Carey Duques, Conservation Agent/Staff Planner, Conservation Commission
UNITED STATES �
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• Sender: Please print your name, address, and ZIP+4 in this box
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SENDER: COMPLETE THIS SECTION COMPLETE THIS Sf-.CTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A i eture
Rem 4 if Restricted Delivery Is desired. ❑Agent
■ Print your name and address on the reverse ❑Addressee
so that we Can return the card to you. 6, ecei d by(Printed Name) C. D to of Delive
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from Rem 1?E 11Yes
1. Article Addressed to: If YES,enter delivery address below: 0 No
Cr-gilt IQ_\ � "'li V�
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4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(Transfer from service Iabeq - 7005 1820 0000 8814 0978
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
<v CITY OF SALEM
CONSERVATION COMMISSION
March 28, 2007
Ms. Deirdre H. Robbins, Esq.
81 Washington Street, Suite 312
Salem, MA 01970
Re: Request for copies of public documents regarding Tinker's Island
Dear Ms. Robbins:
In response to your request for copies of public documents listed in your letter dated
March 19, 2007, I have not located any filings for Tinker's Island beyond the information
the City of Salem Conservation Commission has on Mr. Manuel Silva's violation.
I began by researching the list of Notices of Intent filed with the Salem Conservation
Commission and DEP over the past twenty (20) years. After reviewing the list and also
speaking with the Chairman of the Conservation Commission, Kevin Comacchio, who
has been on the Commission since September 25, 1997, no Notices of Intent for any
property or parcel on Tinker's Island have been filed with the Conservation Commission
over the past twenty (20) years to my knowledge. I also looked through the archive files
which hold the Determination of Applicability files and did not find a file for Tinker's
Island.
Since there are no files containing Notices of Intents for Tinker's Island the Conservation
Commission does not have any correspondence or communication concerning these
Notices of Intents for the past twenty (20) years.
I have not reviewed the minutes of the Conservation Commission Meetings.held over the
past twenty years. Since no Notices of Intent came before the Conservation Commission
in the past twenty years it is assumed that there was no discussion regarding Notices of
Intents for any property or parcel on Tinker's Island. If you would like for a staff person
to review the meeting minutes for the past twenty (20) years we can do so at a rate of
$18.95 per hour. The work is estimated to take three (3) hours.
After researching the files for violation or alleged violation of the Wetlands Protection
Act or any City of Salem regulation thereunder, concerning any property or parcel on
Tinker's Island, for the past twenty (20) years, the file regarding Mr. Manuel Silva is the
only file the Conservation Commission has on record. I can provide you with copies of
this file for$.20 per page. Please contact me so we can determine what information you
would like since most of the information is correspondence from you.
120 WASHWGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM
Please feel free to contact me with any questions.
Sinc;Y'
Carey Du es
Conservation Agent/Planner
CC: Lynn Duncan, Director of Department of Planning and Community Development
Kevin Comacchio, Chairman of Conservation Commission
Beth Rennard, City Solicitor
Tom St. Pierre, Building Inspector
Deirdre H. Robbins
Attorney at Law
81 Washington Street, Suite 312
Salem, Massachusetts 01970
Phone: (978) 745-2400
Fax: (978) 745-1992
Deirdre.Robbins@comcast.net
" 3
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m
March 14,2007
> o
Mr. David Davies, President o
Tinkers Island Association
10 Candleberry Road
Barrington, RI 02806
Dear Mr. Davies:
I received yesterday a copy of the letter that you sent on February 27 to the Salem
Conservation Commission regarding my client, Manuel Silva. May I ask first that in the
future you send copies of your correspondence regarding Mr. Silva to me, as Mr. Silva's
attorney?
. .I am writing to reply to your letter. First, let me say that I do not recall stating to
the Conversation Commission what is contained in the minutes,namely,that"the Owner
had received,approval from the Association to construct a house and that he was told by
the Association that was the only approval required." If I did, I misspoke, and I hereby
request by copy of this letter to the Conservation Commission that the record reflect this
correction. What I believe I said is what was quoted in the Salem News the next day,
namely,that Mr. Silva had been of the mistaken belief that he needed only to obtain
approval from the Association, but that he now knows that is not so and is applying for
all necessary permits. (Please see copy of Salem News article, enclosed.)
Having said that, let me add that the Association apparently did reach some sort
of agreement with Mr. Silva concerning what he could construct. Said agreement is set
forth in detail in the electronic mail message of November 21, 2006, that you sent to Mr.
Silva, a copy of which is enclosed. This message was sent after the letter of November 8
demanding that Mr. Silva cease and desist from construction.
Next, let me state that I have spoken at length with Linda Davison, who states that
her family has held parcel 47-0011 for generations, and who tells me that her grandfather
built the cottage formerly on that property in 1909. As you know, Mrs. Davison is of the
belief that she sold Mr. Silva the parcel in November, 2006. Mrs. Davison confirms that
her.family had not paid association dues for many years, and states also that the
Association made little or no attempt to collect said dues, other than sending bills for a
short time in the beginning of the period of non-payment. Mrs. Davison and Mr. Silva
agreed that Mr. Silva would be responsible for all Tinkers Island Association dues. .
As you also know, I wrote you on March 8 asking how much Mr. Silva owes in
association dues. I want to make it clear by this letter that Mr. Silva is willing to pay the
past dues of the Davisons. Please let me know how much he owes in order to bring him
and his family up to date as members of the Association.
Finally, let me say that as the owner of the entire island,the City of Salem has the
final word on the powers and duties of the Association. While "effective self
government" may seem a noble goal, the by-laws of the Association should not be used
to convert the island into an exclusive beach club or to discriminate against anyone. It
may be that at some point representatives of the Association and of the City should meet
with Mr. Silva and me to discuss an amicable resolution of this aspect of Mr. Silva's
quest to construct a summer camp on the parcel he has bought and paid for. In the
meantime, I am optimistic that you will see the wisdom of the course of action I have
suggested above and in my March 8 letter, and will inform Mr. Silva, though me,how
much he owes to bring the dues current.
Thank you for your anticipated cooperation.
Very truly yours, 2
Deirdre H. Robbins
cc: Manuel A. Silva
Lyn Duncan, Director of Planning and Community Development
Carey Duques, Conservation Commission
Beth Rennard, City Solicitor
Thomas St. Pierre, Building Inspector
Jason Silva, Chief Administrative Aide
Mark E. Blair, City Councillor
Massachusetts DEP,Northeast Regional Office
Joseph A. O'Keefe, Sr.,
Chairman, Committee on Ordinances, Licenses& Legal Affairs
Page I of I
Subj: Agreement
Date: 11/21/2006 7:25:06 AM Eastern Standard Time
From: rhode.bud(a)cox.net
To: SLR1999&aol.com
Manny,
As promised at the conclusion of Sunday's meeting, I am confirming the agreement between you and the Board
of Directors of the Tinkers Island Association. The following was agreed to-
+ Stopping construction at the first floor level,
+ Closing up the structure and boarding up the window & door holes with plywood,
+ Storing construction materials inside.
+ Building a new ramp,
+ Re-designing the second floor to be more in keeping with the original camp on the site and in scale with
other buildings on the island
Specifically not agreed to-
+ Building a deck around the building.
When the Board receives drawings it will reconsider your plans. The Board indicated it was open to calling a
special general meeting of the association in January or February to consider membership for you and your family
in the association. Normally, membership votes are at the Annual Meeting in May or June. The Board is
extending a favor to you in consideration of your desire to restart construction in the spring.
I understand from your phone calls yesterday that you're concerned about protecting building materials, but the
Board did not authorize building of sheds, decks, or other construction activity beyond what is stated above. I
advised your contractor of that fact. I am not going to authorize any construction activity without a vote of the
Board, and it would not serve your long term interests to ask the Board to meet again to revise Sunday's
agreement. Nobody was happy giving up a Sunday with their family this time of year to deal with this project, and
everyone left assuming we had a satisfactory binding agreement. I was surprised to find myself yesterday in the
middle of negotiations between you and your contractor who is apparently trying to assert he has no choice in
certain matters. I'm going to be on the road the rest of the week, and my focus now has to be on my real job and
enjoying Thanksgiving with my family, so I may not be available for discussion of the details of storing materials.
know you value preserving the good will that everyone felt at the conclusion of Sunday's meeting, and so I'm
asking you deal with the challenges of buttoning things up without making new requests that require a vote at this
time. That good will is important for your longterm objectives which now appear within reach.
Dave
Tuesday,November 21,2006 America Online: Guest
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BYToMDALTON "I've never been to Tinker's lsland,"lie tury.The residents an them for Only,a few aTlnkeesIsland Association,which losses Ode,
a -F' n k• srarxwarrmu said weeks in the summer.though,and retreat the island from the city for$1,000 a year.Al- ,hes
Nor havemany other people.The tiny Is- to the mabdand.as soon as the weather though the residents don't own the land,
SALEM—Building Inspector Tom St. land has about a dozen small homes—. turns.Stmme havehitthelsland hardover they pay taxes on the small camps to the pan
Pierre,who makes his living on dry land, summercamps really—.with ho electrld- the years.A few years.ago,one home was cityofSalem every year.Lastyear,the see- dme
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wID take to the high snext week to try ty,noruoningwater and no plumbing,The even washed away,islanders say. I idents paid a total of about$7,000. Eger
Tinker's Island settle a building dispute on Thiker's Is, island also has no dock,an residents either Although the island is just a short die- SL Pierre had no plans to visit Tinker's Is- � des
. .s is artof Selem % land,arociq hump ofland oHMarblehead arrive la small boats or wade ashore hem' tance hem Marblehead.it actually belongs land until learning a few weeksagothata.
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The city issued a cease-and-desist order barring further construction of the tarp-covered,summer camp-style dwelling at the left side of Tinker's
Island as seen in this view.The island,which belongs to Salem,was photographed from Marblehead.
TINKER'S Construction barred at camp on Salem island
e
■Continued from Page Al resident building the house,came torney,Deirdre Robbins,saidgive the price. p
in to meet with city officials as night."He now knows that's not "Phe one I bought was in the la-
new summer camp was being soon as he got the order.He said the case." dy's family since 1902,"he told the c
built on a rocky ledge.When he he stopped construction in the fall Silva says he has been going to Conservation Commission last
checked his files,he couldn't find and had no idea he needed city the island for 25 years and has night.It was the fast of what could If
any of the required permits or ap- permits.He has promised to do friends who live there.But not all be many appearances before city s
provals for homeowners,so he is- whatever it takes to make his the island residents,it seems,are boards to try to fix this legal mess. I
sued a cease-and-desist order to camp legal. Thus far, he has his friends. "I want to get everything
the camp owner and ordered him framed the first floor of a building. "Apparently,the association straightened out—thaI all,"he
to take down the structure. V{- "He thought it was the assoaa- had already issued him a letter to said after the meeting."AB I want
Manuel Silva,the Rhode Island Ilion he had to go through,"his at- say'stop the work,'"St.Pierreto be is a good neighbor."
said Board members,for their part,
Legal Notice Although nobody on the island are left scratching.their heads.
owns any of the land there are 15 , Kevin Cornacchio,the Conserva- I
MOIiTGAGIiE'S SALE OF REAL ESTATE lots or designated areas for the tion Commission chairman,has
By virtue of end In execution E`the Power of Sale conTATE 'm a certain mort- different island residents, ac- been onthe board atleast adecade
porting to the city's assessing de- but has never encountered a case
gage given by JehnT McCarvllle to Option One Mortgage corporation,dated
July 30,2004 and recorded with Essex County(Southern District) Registry of one of
o Sava says de bought like Tinker's Island "
Deeds In Book 23198,Page 116 of wtich morklage Wells Fargo Bank,N.A.,as one of those areas but declined to "Quite a quagmire, he said
Trustee for Morgan Stanley Capital 1 Inc.Trust 2004-0131 Mortgage Pass-
Through Certificates,Series 2004-0P1 Is the present holder by assignment for -
breach of conditions of said mortgage and for the purpose of foreclosing the Legal Notice
same,the mortgaged premises located at 15 Dane Street,Peabody,Massachu-
setts will be sold at a Public Auction at 1:00 P.M.on February 2,2007,at the MORTGAGEE'S SALE OF REAL ESTATE-
, - mortgaged premises,more particularly described below, all and singular the By virtue of and in execution of it*Power of Sale contained in a certain mort-
premtses described in said mortgage;to wit gage g1I by Eric W.Churchill to Option One Mortgage Corporation,dated
Bonowegs): John T.-McCarvile June 3,2005 and recorded with the Essex County(South District) Registry of
Property Address: 15 Dane Street,Peabody,Massachusetts 01960 Deeds in Book 24399,Page 429 of which mortgage Wells Fargo Bank,Nation-
The lard,with the buildings thereon,sauated In Peabody,Essex County,Mass- al Association,as Trustee for Option One Mortgage Loan Trust 2005-3
achusets on.Dane Street,bounded and described as follows: • Asset-Backed Certificates,Series 2005-3 is the present holder by assignment,
Beginning at a point at about four hundred fifty-nine Wand 50 Inches(459.50) for breach of condfions of said mortgage and for the purpose of foreclosing the
from Washington Street and thence running In a same,the mortgaged premises located at 9 Cedar Avenue,Salem,MA will be
WESTERLY direction, one hundred feet(100)to the land called the sold at a Public Auction at 3A0 P.M.on February 22,2007,at the mortgaged
Playground;thence runningIn a - - premises, more particularly described below, all and singular the premises
...., �...__ _,.,,,..._..nm..�.,............,:.,..a desaibed in said mortgage,to wit
Deirdre H. Robbins
Attorney at Law
81 Washington Street, Suite 312
Salem, Massachusetts 01970
Phone: (978) 745-2400
Fax: (978) 745-1992
Deirdre.Robbins@comcast.net
May 10, 2007
Joseph Correnti, Esquire
Serafini, Serafini, Darling & Correnti, LLP
63 Federal Street
Salem, MA 01970
Re: Manuel Silva, Tinker's Island
Dear Mr. Correnti:
I am writing to confirm our telephone conversation of May 7, and also to respond
to the letter that David Davies, President of the Tinker's Island Association, sent to my
client, Manuel Silva, since you have requested that I not contact the members of the
Association directly. (Incidentally, please let Mr. Davies know that I had previously
requested that he communicate with me concerning Mr. Silva, and again ask that all
communications be through me.)
I requested during our conversation that you inquire whether there is any way to
Work out the situation between Mr. Silva and the Association, since Mr. Silva, in reliance
upon what the Association members,and particularly Mr. Davies, told him (and also in
reliance on a recent verbal communication from the City Solicitor), has expended a great
deal of money constructing a ramp and partial construction of a camp on parcel 47-0011
and seeking necessary permits. Mr. Silva and I are not clear why Mr. Davies and Annie
Harris, two members of the Association, are so determined to stop Mr. Silva from
constructing on the parcel. I understand your legal arguments, but, as I am sure you are
aware, several "owners" on the island are in violation of the Association by-laws and of
applicable building and conservation laws, but the Association has not taken issue with
any of them (partly because they are the Association, perhaps). You agreed you would
inquire and get back to me. I appreciate your willingness, and look forward to hearing
from you soon.
Mr. Davies' May 3 letter, a copy of which apparently was sent to the City,
although there is no "cc" to the City listed on the letter, requests that Mr. Silva dismantle
the construction he has begun. Please be advised that Mr. Silva intends to challenge the
actions taken by the Association, and does not intend to dismantle anything at this time.
If anyone on the island, or anyone acting on his/her/their behalf, should take it upon
themselves to dismantle or otherwise affect anything on parcel.47-0011, Mr. Silva will
seek damages from them. Mr. Silva has over$100,000 invested in this project to date.
We request the following information from you at this time. If it is not
forthcoming by two weeks from today, May 24, we shall consider filing suit and will
seek to obtain it in discovery. The information we seek is: minutes of the May 3, 2007
meeting; a copy of any notice of the May 3 meeting sent in advance to members of the
Association; a copy of the agenda of the May 3 meeting; a list of all persons present;
copies of any written motions; minutes of the meeting that occurred on or about Sunday,
November 19, 2006 (referred to in the attached e mail from David Davies), and a list of
all persons present at that meeting.
Once again, let me reiterate that Mr. Silva is interested in working this matter out
amicably with the Association. However, given the recent actions of the Association,
that seems less likely than it did previously. Therefore, in the event that we are unable to
reach an amicable solution fairly soon, we do ask that you respond to our request for the
above documents by May 24.
Thank you.
Very trul- y yours' + ��
Deirdre H. Robbins
cc: Manuel Silva
Elizabeth Rennard, City Solicitor
Thomas St. Pierre, Building Inspector
Jason Silva, Mayor's Office
Carey Duques, Conservation Commission
Page 1 of 1
Subj: Agreement
Date: 11/2112006 7:25:06 AM Eastern Standard Time
From: rhode.budocox.net
To: SLR1999(a)aol.com
Manny,
As promised at the conclusion of Sunday's meeting, I am confirming the agreement between you and the Board
of Directors of the Tinkers Island Association. The following was agreed to-
+ Stopping construction at the first floor level,
+ Closing up the structure and boarding up the window &door holes with plywood,
+ Storing construction materials inside.
+ Building a new ramp,
+ Re-designing the second floor to be more in keeping with the original camp on the site and in scale with
other buildings on the island
Specifically not agreed to-
+ Building a deck around the building.
When the Board receives drawings it will reconsider your plans. The Board indicated it was open to calling a
special general meeting of the association in January or February to consider membership for you and your family
in the association. Normally, membership votes are at the Annual Meeting in May or June.The Board is
extending a favor to you in consideration of your desire to restart construction in the spring.
I understand from your phone calls yesterday that you're concerned about protecting building materials, but the
Board did not authorize building of sheds, decks, or other construction activity beyond what is stated above.
advised your contractor of that fact. I am not going to authorize any construction activity without a vote of the
Board, and it would not serve your long term interests to ask the Board to meet again to revise Sunday's
agreement. Nobody was happy giving up a Sunday with their family this time of year to deal with this project, and
everyone left assuming we had a satisfactory binding agreement. I was surprised to find myself yesterday in the
middle of negotiations between you and your contractor who is apparently trying to assert he has no choice in
certain matters. I'm going to be on the road the rest of the week, and my focus now has to be on my real job and
enjoying Thanksgiving with my family, so I may not be available for discussion of the details of storing materials.
know you value preserving the good will that everyone felt at the conclusion of Sunday's meeting, and so I'm
asking you deal with the challenges of buttoning things up without making new requests that require a vote at this
time. That goodwill is important for your longterm objectives which now appear within reach.
Dave
Tuesday,November 21, 2006 America Online: Guest
Deirdre H. Robbins
Attorney at Law
81 Washington Street, Suite 312
Salem, Massachusetts 01970
Phone: (978) 745-2400
Fax: (978) 745-1992
Deirdre.Robbins@comcast.net
May 10, 2007
Elizabeth M. Rennard, Esquire
City Solicitor
93 Washington Street
Salem, MA 01970
Re: Manuel Silva, Tinker's Island
Dear Ms. Rennard:
To confirm our telephone conversation of today, we were dismayed to receive
your letter of May 7 stating that the City has decided to take the position that Mr. Silva
lacks standing to apply for a building permit, as that directly contradicts what you told me
the City's position would be, after our meeting on March 28.
You had stated to me in a telephone conversation of April 25 that you,the Mayor,
thebuilding inspector, and the health agent had met to discuss the questions we posed to
you on March 28, and the consensus was that if Mr. Silva could get all the permits he
needs,the City would be satisfied, and that Mr. Silva's relationship with the Tinker's
Island Association was not within the City's purview. Based on the City's
representations, which you had said on April 25 would be followed up by a letter, Mr.
Silva expended several thousand dollars in additional funds putting together his permit
applications. Yet, your letter of May 7 states that because of a letter the City received
from Mr. Davies, President of the Association, the City has decided Mr. Silva lacks
standing to apply for a building permit. The lack-of-standing argument is, as I am sure
you are aware, the position of the Association, currently represented by Joseph Correnti.
Apart from our disappointment that the City failed to keep its word in this matter,
let me say that we will be investigating the "vote" that was allegedly taken by the
Association. We will attempt to find out if there was a quorum, if proper notice of the
meeting agenda was given to all members, whether all persons present were actually
"members" of the Association, exactly what the motion was that was voted, and what the
vote was. We are today requesting this information from Mr. Correnti, and if it is not
forthcoming, we will file suit and obtain it in discovery. Until we have sufficient
information to determine whether the vote was properly taken and whether there has been
J
any bad faith or discriminatory animus, we request that the City not take any action to
require Mr. Silva to dismantle the construction he has already began.
Please let me know if you have any questions.
Very truly yours,
Deirdre H. Robbins
cc: Manuel Silva
Thomas St. Pierre, Building Inspector
Joseph Correnti, Esquire
Carey Duques, Conservation Commission
Jason Silva, Mayor's Office
Deirdre H. Robbins
Attorney at Law
81 Washington Street, Suite 312
Salem, Massachusetts 01970
Phone: (978) 745-2400
Fax: (978) 745-1992
Deirdre.Robbins@comcast.net
May 15, 2007
Joseph Correnti, Esquire
Serafini, Serafini, Darling & Correnti, LLP
63 Federal Street
Salem, MA 01970
Re: Manuel Silva, Tinker's Island
Dear Mr. Correnti:
I wish to correct the letter I sent you on May 10, with regard to the document
request I made. I erroneously referred to a meeting of the Tinkers Island Association on
May 3,but I believe the meeting was held on Tuesday, May 1, 2007. In any event, my
request referred to the annual meeting of the Tinkers Island Association that was held in
the beginning of May. Please consider the document request to be amended in that
regard, although I still am requesting that the documents be produced by May 24.
Please note also that Mr. Silva's parcel has two fishing shacks on it that can be
considered habitable buildings, and Mr. Silva informs me that all of the parcels on the
island started out with only these kinds of shacks on them. Therefore, the opinion that
you have apparently given to the Association that Mr. Silva lacks "standing" because he
did not purchase habitable buildings is not correct. Further, Mr. Silva informs me that
there are other parcels on the island that have nothing on them, not even a fishing shack.
Your assertion that there has been no new construction since 1969 is also
incorrect, as Ms. Harris constructed a large home that was supposed to be an"addition"
to one of the shacks I refer to above, and that construction occurred within the last ten
years. Her construction occurred pursuant to a building permit for a$20,000 addition,
although that is not what she built. We have been informed that there may have been
other"additions" in recent years besides Ms. Harris'.
I do not expect that this information will change anything, because it appears that
certain members of the Association do not want Mr. Silva on the island for some
unknown reason and are willing to take untenable positions in order to achieve that end,
but I am passing the information along to you anyway, for the record.
Please let me know if you have any questions.
Very truly yours,
Deirdre H. Robbins
cc: Manuel Silva
Elizabeth Rennard, City Solicitor
Thomas St. Pierre, Building Inspector
Jason Silva, Mayor's Office
Carey Duques, Conservation Commission
might undercut association bylaws that require membership and formal association approval to
build and occupy a seasonal structure on the island. That could open the door to other
construction or occupancy outside of the association's supervision and control. Effective self-
government is essential on this small island.
The association executive board held an emergency meeting on Sunday,November 19,
2006 to consider the issue of Mr. Silva's unauthorized construction. Our priority at that time was
to get him to stop construction. He attended that meeting, and board members met him for the
first time.He agreed to stop and to secure his materials. The board agreed, in tum,to bring up his
request for membership at the next general meeting and to take under consideration any redesigns
of the proposed building he wished to submit. Subsequent to that meeting, Mr. Silva called me to
request that I authorize building a large shed and a deck to better protect his materials. I refused
to consider this request and advised him to stick to his agreement to simply stop construction.
I have reviewed the minutes of the commission's January 25`s meeting. I take strong
exception to the statement in those minutes by Mr. Silva's attorney that the association ever
implicitly or explicitly approved Mr. Silva's construction activity or ever stated that association
approval was the only requirement for construction.No such approval or advice has occurred.-
The written record is clear about the association's opposition. I am not aware of any member of
the association who approves of the construction or the way it has been done. Most islanders
have never met Mr. Silva.When Mr. Silva's attorney called me after the January 25`h meeting to
ask many questions about the island, she did not mention her statements about the association to
the commission or ask any questions about the alleged approvals when I went through the same
chronology of opposition contained in this letter.
I hope this letter clarifies the relationship between Mr. Silva and the Tinkers Island
Association. I will fully cooperate with the commission in its consideration of this violation.
in e ,
j
David . Davies
President,Tinkers Island Association
Cc: Lyn Duncan,Director Planning and Community Development
Thomas St Pierre, Building Inspector
Beth Rennard, City Solicitor
Jason Silva, Chief Administrative Aide
Mark E. Blair, City Councillor
Massachusetts DEP Northeast Regional Office
Joseph A. O'Keefe Sr.,Chairman, Committee on Ordinances,Licenses&Legal Affairs
of'SaIrm, ffiassar4useffs
(of&re of flie Otg Caunril
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COUNCILLORS-AT-LARGE MATTHEW A.VENO WARD COUNCILLORS
PRESIDENT
2007 2007
MARK E. BLAIR CHERYL A. LAPOINTE LUCY CORCHADO
THOMAS H. FUREY CITY CLERK MICHAEL SOSNOWSKI
JOAN B. LOVELY JEAN M.PELLETIER
ARTHUR C.SARGENT III LEONARD F.O'LEARY
MATTHEW A.VENO
PAUL C. PREVEY
JOSEPH A.O'KEEFE, SR.
Committee on Ordinances, Licenses and Leeal Affairs (C.O.L.L.A)
May 25, 2007
Ms. Deirdre H. Robbins, Esquire
81 Washington Street, Suite 312
SALEM MA 01970
Re: Tinker's Island Lease/License
Dear Attorney Robbins:
I have in hand your letter of May 21,2007 requesting I advise you of any meeting of this Committee regarding the
matter of a three-year'commitment of the City of Salem to lease/license Tinker's Island to the Tinker's Island
Association.
I and others members of the Committee wish to conduct a`site'visit to the island.
After this `site' visit I will schedule a Committee meeting in the City Council chambers to discuss that visit, any
other outstanding code issues, a lease/license agreement and will then ask Salem City Clerk Cheryl A. LaPointe to
vise you in advance of the date and time of that meeting.
Re�specttffu�llly,
sCJ�eph r1. O'Keefe! S
Chairman
i p/c C.O.L.L.A,
Mayor Kimberley L. Driscoll(Jason Silva)
Salem Conservation Commission(Carey Duques)
Salem Building Commissioner Thomas St. Pierre
Salem City Solicitor Elizabeth M. Rennard
City Clerk Cheryl A.LaPointe
SALEM CITY HALL •93 WASHINGTON STREET• SALEM, MA 01970-3592 • WWW.SALEM.COM
Deirdre H. Robbins
Attorney at Law
81 Washington Street, Suite 312
Salem, Massachusetts 01970
Phone: (978) 745-2400
Fax: (978) 745-1992
Deirdre.Robbins@comcast.net
May 21, 2007
Mr. Joseph O'Keefe, Sr.
City Councillor
28 Surrey Road s
Salem, MA 01970
X811
Re: Tinkers Island Lease/License
Dear Mr. O'Keefe:
As you may recall, I represent Manuel Silva, who has purchased the buildings and
contents on parcel 47-0011 on Tinkers Island, and is currently involved in a dispute with
the Tinkers Island Association concerning whether they have the right to exclude him
from membership. We understand from materials you have previously sent us and from
other sources that the Committee on Ordinances, Licenses, and Legal Affairs is currently
considering the proposed three-year commitment to lease the island to the Tinkers Island
Association (although we understand that the lease is currently being referred to as a
"license"). I am writing to ask that you notify me in advance if your committee or the
entire City Council will be considering any Tinkers Island lease or license, and that you
invite Mr. Silva and myself to attend any committee consideration of the subject.
Thank you for your cooperation.
Very truly yours,
Deirdre H. Robbins
cc: Manuel Silva
Elizabeth Rennard, City Solicitor
Jason Silva, Mayor's Office
Citp of *arem, 41a$garbuatt.5
3publit Propertp bepartment
Wuilbing Mepartment
One 6alem 63reen
(978) 745-9595(ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
August 25, 1998
Ralph L. Church
66 Jersey Street
Marblehead, Mass . 01945
RE : Tinkers Island
C-33-98
Dear Mr . Church:
In accordance with the provisions of the
Massachusetts State Building Code 780 CMR, Section 106 . 4 ,
we are requesting that you contact the Building Inspector
to schedule an inspection of Tinkers Island within five
( 5 ) day upon receipt of this letter.
Please inform all occupants of the Island that they
are responsible for obtaining the required building
permits to construct, reconstruct, alter, repair, remove
or demolish a building or structure on the Island.
Thank you in advance for your anticipated cooperation
in this matter .
Sincerely,
Kevin G. Goggin
Inspector of Buildings
KGG: scm
cc : Al Viselli
Frank Kulik
Fire Prevention
Councillor Paskowski , Ward 1
Tinkers Island Association
c/o 10 Candleberry Rd
Barrington, RI 02806
February 27, 2007
Mr. Kevin C. Comacchio
Chairman of the Salem Conservation Commission
120 Washington Street
Salem,MA 01970
Re: Violation on Tinkers Island
Dear Chairman Cornacchio:
I am in receipt of your letter of February 22 in which you bring to my"attention that a
member of the Tinkers Island Association was recently cited as being in violation of the
Massachusetts Wetlands Protection Act and the City of Salem Wetlands Bylaws for construction
work that was occurring on Tinkers Island." It is immediately imperative that I correct an error in
that first paragraph,comment on an error in the second paragraph relative to"the land lessee",-
Mr. Manual Silva,and finally correct what appears to be a serious misrepresentation made by Mr.
Silva's attorney at the January 25d oommission meeting. Please have this letter read into the
record at an appropriate meeting of the commission.
Mr. Silva is not and never has been a member of the Tinkers Island Association. My
first contact with Mr. Silva was in September 2006 when he called me to inquire about building
anywhere on Tinkers Island. I explained that this was not possible without association and
official approvals and that nothing could be considered until the annual meeting some nine or ten
months in the future. I advised him that it was highly unlikely that the association would vote to
increase density on the island. Construction activity by unknown parties came to my attention the
evening of October 31, 2006 by word of mouth of concerned association members. One island
member who knows Mr. Silva encouraged him to contact me,knowing we were trying to
determine who was doing what on the island off-season. When Mr. Silva called,I explained that
construction of a new structure was contrary to island bylaws and that,as a non-member,he had
no rights to build. On November 3,2006,Mr. Silva sent me an email apologizing for not
contacting the association,claiming ignorance of the need for association approval.
On November 8,2006 after conferring with the island's executive board,I formally
instructed Mr. Silva in writing by certified mail to stop any and all construction activity.At this
time, actual construction was limited to some concrete footings. That letter states: "Under the
bylaws and governance of the island,you and your contractors are trespassing." That statement
leads to the error in the second paragraph of your letter which refers to"the land lessee". There
are no individual land lessees on Tinkers Island. In the fall of 2006,Mr. Silva made some
arrangement with former residents of the island whose cottage was swept out to sea in the
October storm of 1991. Those former residents were not members in good standing in 1991,
being in arrears on dues,and have not been members since. The Tinker Island Association bylaws
require members who are owners of an existing structure to obtain association approval before
transferring ownership of that structure to someone else.There are no provisions for non-
members to transfer ownership of any rights to other non-members. Mr. Silva's Notice of Intent
should be considered in this context,i.e. under island rules he has no right to build on this site.
There was no existing structure in this case as recent photographs will show, and that eroded site
has been devoid of any structure since 1991. The Association is concerned that if Mr. Silva were
to successfully obtain all required permits from the City of Salem, such permits on their own