11 VERDON STREET - BUILDING INSPECTION IMMMM"
June 20, 2011
Sent registered mail and first class
Joseph and Elizabeth Mellin
15 Verdon Street
Salem, MA 01970
Please be advised that we have contracted Vinci Brothers Masonry to
construct an 18 inch high 37 foot long rock wall along and within our
property line on or about on June 23rd/24th, 2011 (or into the next week).
The wall will begin at the fence post and run parallel to the boundary line
connecting to the retaining wall on our property.
Enclosed is the bond taken out for the work to be done and a copy of
Massachusetts General Law 266 120 B.
This is the process we have taken to ensure that this job is done without
interference or compromise. We have contacted the Salem City Building
Department and a copy of this letter and-contents has been presented to the
City of Salem Chief of Police and the Building Department.
No discussion or correspondence is required with us or our contractor.
QS n Capone & Richar Revoy
11 Verdon Street
Salem, MA 01970
Massachusetts COPY
Western Surety Company
BOND FOR ENTRY ON ABUTTING LAND FOR
MAINTENANCE OF BUILDING
(Mass. Gen. Laws Ann.ch. 266, § 12013)
Bond No. 71126196
KNOW ALL PERSONS BY THESE PRESENTS: Effective Date: June 16, 2011
That we, Susan Capone
as Principal(s), and WESTERN SURETY COMPANY, a corporation authorized to do surety business in the
Commonwealth of Massachusetts, as Surety, are held and firmly bound unto City of Salem
, the Obligee,
in the sum of not to exceed ONE THOUSAND AND N0/100 DOLLARS ($1,000.00), for the payment of
which well and truly to be made, we bind ourselves and our legal representatives, firmly by these presents.
THE CONDITION of the above obligation is such that WHEREAS the Principal(s) owns land abutting
that of another and intends to enter the land abutting the Principal's property for the purpose of
maintaining or repairing a building or buildings on the Principal's property, and gives this bond pursuant
to Mass. Gen. Laws Ann. ch. 266, § 120B.
NOW, THEREFORE, if the Principal(s) shall protect the adjoining land owner from damage caused by
said entry and in all respects restore said adjoining land to the condition in which it was prior to said entry,
then this obligation to be void; otherwise to remain in full force and effect.
PROVIDED, this bond is continuous and may be cancelled by the Surety by giving thirty (30) days
notice in writing to the Obligee at the address last known to the Surety, and the Surety shall be relieved of
any further liability under this bond thirty (30) days after such notice is sent by First Class U.S.
Mail. Regardless of the number of years this bond shall continue in force, the number of claims made
against this bond, and the number of premiums which shall be payable or paid, the Surety's total limit of
liability shall not be cumulative from year to year or period to period, and in no event shall the Surety's
total liability for all claims exceed the amount set forth above. Any revision of the bond amount shall not
be cumulative.
Dated this 16th day of June 2011
Principal
B
Principal
47
ice=
N z- By
fi3'�g4
e== WESTERN R Y COMl?,PWX, Surety
By
Paul 7. Br atge-rAr Vice President
Form F8707
General laws: CHAPTER 266,Section 120B http://www.mategislature.gov/Laws/GeneralLaws/PartIV/Titlel/Chapt...
Print
PART IV CRIMES, PUNISHMENTS AND PROCEEDINGSIN CRIMINAL CASES -
(Chapters 263 through 280)
TITLE I CRIMES AND PUNISHMENTS -i
CHAPTER 266 CRIMES AGAINST PROPERTY
Section 12OB Entry on land by abutting property..owners not constituting trespass —
Section 1208. Whoever, being the owner of land abutting that of another, the building or buildings on which are so
close to the land of such other person as to require an entry on said abutting land for the purpose of maintaining or
repairing said building or buildings in order to prevent waste, shall not be deemed guilty of trespass or liable civilly
for damages, provided that such entry is made expeditiously and in the exercise of due care and that no damage is
caused by such entry to the land or buildings of said abutting owner. Before such entry said owner shall notify the
chief or other officer in charge of the police department of the city or town in which the land is located that he has
requested permission to enter on adjoining land from the owner or occupants thereof for the purpose of maintaining
or repairing a building or buildings and that such permission has been refused, and that he intends to enter under
the provisions of this section. Before entering on said land, said owner shall post bond with the chief of police in the
amount of one thousand dollars to protect the adjoining land owner from damage caused by said entry. No person so
entering on land of another shall store material or tools thereon for more than eight hours in any one day nor shall
he continue to enter thereon for more than thirty days in the aggregate in any calendar year. After said entry, said
owner shall in all respects restore said adjoining land to the condition in which it was prior to said entry.
1 of 1 6/15/2011 10:03 AM
" _ NI Ass S- CaSWCIzo1' ., 'L-Psw Z fo co
9lIMlP C pJMU AGAMST PROBE M 266 120B
trial M,MCI of HletoAed and Statutory Not
rpark 0mnil�. S,)977�. C. 269. an VMTPM wt. -to AP
.ar 1�•
T"11 I"- .
V
a s\and WM* Crow Reterenots
rips mina hp
emi�,8 Maw VdIkk adhw&M C.90.1 1.
AMM as 01.
MISS. Corti V. Law Review and Journal CosmeotSAM
e, 6 Mr4ApF
gtedn of pod ad pwmptlaa Jolty L Prewlrpliora W.ltartoa laaadt tad Tali J.
**Naha.(195S)75 a.U.Lxar.KI. Liana Uum 1967153 MaaaLQ.Ha 2.P. 12L
Edon tabu a Ulrsay Rdaaeoaa
��� Al. M"b$SM777. 21hod or Gem in MaerehuneY 1 14"
LL2d:3aL 310 4w7oeoppm((e�7% Tial Handboak b Munches" Lawyer
Motor Y6Mclas V GK Mos.4ft 714 llyd TA)li 173.1739
CJ.s.Trespass it 14M VK 166,
et so jury bras T.r sa TrrsM _
Cam v.Kray 75 As 7a 2&Ttesoam IN 162. 167.166. 177.
He Nae aw, Itl m IM
dlloodm air 1209. Entry on land by abutting properly owners net coeptlucklas tseo
�2billass t~
vow Whoever, being the owner of land abutting that of another. the building or
d dr low ad Wildings on which are so close to the land of such other person as to !squire
ansphica WA an entry on said abutting land for the purpose of maintaining or repairing said
e Batt&@ ddrr building or buildings in order to prevent waste. shall vat be deemed Fudge of
reason" .,
pad ror liable civilly for damages, provided that such entry is made espedi-
tA M.132d is& f7' and In the exercise of due can and that no damage Is caused by such
entry to the land or buildings of said abutting owner. Before such entry said
owner shall notify the chief or other officer in charge of the pollm depattmas
an was proper, of the city or town in which the ImA is located that he has requested
AUwe 1111051910111 permission to enter on adjoining land from the owner or occupants thereof for
Mad his 0*
I his Rhees do the purpose of maintaining or repairing a building or buildings and that such
in I Cam L P s mon has been refused. and that he intends to enter under the plovisiorn
aamV. tel of this Section. Before entering on said land, said owner shall Pam bond with
MS. sup Maas. the chief of police in the amount of one thousand dollars to protect the
adjoining land owner from damage caused by said entry. No person so
entering on land of another shall store material or tools thereon for more than
evldenw eight hours in any one day nor shall he continue to enter thereon for moos than
t)>:rty days in the aggregate in any calendar,year. After said entry, said owner
king a motor shall in all respects restore said adjoining land to the condition In which it was
woof that the prior to said entry. 1
Parking the Added by St.1971,C. 1039..
at the defers-
land at such Historical and Statutory Notes
SLIM. c. :1019. arae apprm.-Ld Nov. 10.
1971.
285