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73 WHALERS LANE - BUILDING INSPECTION D D 73 WHALERS LANE f I CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3m FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER April 14,2016 Jill Fama Regional Property Manager Corp. Crownshield Property Management 18 Crownshield Street Peabody Ma. 01960 Re: fence abutting 73 Whalers Lane Dear Jill, I received a complaint regarding the condition of the fence abutting this property a couple of months ago. I inspected the fence and spoke with you about it. You stated you were aware of the condition and had a plan to repair or replace this section of fence. Because the fence also acts as a guard,I am directing you to make a temporary repair immediately and to furnish this Department with your schedule pertaining to a permanent repair. If you have any questions ,please contact me directly. Sincerely, c4tor Thomas St.Pierre CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT Ila ` 120 WASHINGTON STREET,3""FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THONLAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER Sep 11 02 04: 21p Realty Corp. of Mass. 781 -455-8482 p. l AdbalubdN Realty Corporation of Massachusetts, Inc. •`;{.,'y �•s�''sf'�.,rK�1S;� k"• P.O.Boz 920236 Needham,Massachusetts 02492-0003 617-332-5656 a J. Srt fva Date: September 11, 2002 To: City of Salem Building Department Tom St. Pierre Work Phone: 978-745-9595 Fax: 978-740-9846 From: Realty Corporation of achusetts Steven P. Keiran Phone: 617-33 - 656 Fax: 781-455-8482 Pages: 1 Subject: Air Infiltration at Unit #73 Whalers Lane Tom, This fax follows our conversation yesterday and addresses the issue of the alleged air infiltration into Unit #73 Whalers Lane, Mariner Village Condominiums. As we discussed, the Trust is not aware of any structural deficiencies in this Unit. If Ms. Marcy believes that there is a structural deficiency then she should, at her own expense, have her Unit tested and evaluated. If she can demonstrate that there is a structural deficiency in her Unit, or the firewall that separates it from the adjacent Unit, then the Trust would be happy to evaluate and address the problem. x Sep 10 02 10: 10a Realty Corp. of Mass. 781-455-8482 p. 3 Board of Trustees of the Mariner Village Condominium Trust August 27, 2002 Page Two Based upon thee foregoing, as well as our understanding of the law,there appears to be no necessary maintenance or repair to be undertaken by the Condominium Trust. Likewise,the Board of Trustees cannot abate the activity of cigarette smoking within a unit. Given the information known to us at this time, there appears to be no available remedies or obligations on the part of the Board of Trustees in this matter. Should,you have any questions or need any additional information,please do not hesitate to contact me. Very truly yours, MARCUS,ERRICO,EMMER BROOKS, P.C. l u ousian Aronson JOA/mlv JUL-14-97 MON 10:30 RM P. 01 MARINER DEVELOPMENT CORP. 101 Whalers lase Salem,MA 01970 Sales: (S08) Y45-1099 Coast: (508) 740-0122 Fax: (308) 740.4465 July 14, 1997 Alizabeth Mercy 73 Whalers Lane (Salem,MA 01970 Dear Aliaabeth; Friday,the painter left your wait and will not return because he tells me you told him how to paint the garage door,verbally abused him,asked him for hie company name as you took out a camera to photograph him. Allmbeth,we are going to have a diMedt time in resolving your warranty issues if you continue to create a confrontation with out subcontractors. Pleaso,do not interfere with their work, deal only with us. The building inspector called me Friday morning. An a result of your call to him to complain about your dock,the lack of carriage bolts on your dock(P)and the fact that your basement floor requited leveling prior to oarpoting. I told him that I knew nothing about a problem with the deck and that there Vj=L& W&S e rgGOr� I ;L a pra8lelvt A01,-4 7-44- deck Adt an Ok i woe ea l rf-L S YS r'C W Aliaabeth,we Bova no Idea why you are asking about carriage bolts. if you have a problem with your Beak please put it on a warranty form. If there is a safety issue, piaase call us. You don't need the building inspector to call us. In regard to your family room floor,the room is not fhdahsd. It Is your responsibility to level the now far carpet. AU=beth,we an trying. Please follow our warranty procedures and lot contractors do their job without interference. Sincerely yours, Harry Meek Project Manager HM7/M1W4 PATRICK J. DONOVAN ASSOCIATES, INC. Claim and Xoss .Rdiustments P. O. BOX 110 WAKEFIELD, MA 01880 �\\, TEL. (781) 245.5540 — FAX (781.) 245.7016 _l March 22, 2001 Building Commissioner City or Town Hall Salem, MA 02170 Insured : Alizabeth Marcy Property ,address : 73 Whalers Lane, Salem Insurer : Preferred Mutual Insurance Company Policy Number : PHOO100632396 Type of Loss : Fumes/Carbon Monoxide Odor Date of Loss : 5/17/00 Our File # : WAP32074 Claim has been made involving loss, damage or destruction of the above-captioned property, which may either exceed $1,000 or cause Mass. Gen. Laws, Chapter 143, Section 6, to be applicable. If any notice under Mass. Gen. Laws, Chapter 139, Section 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned Insured, location, policy number, date of loss and file number. On this date, I caused copies of this notice to be sent to the persons named above at the addresses indicated above by first class mail. Steve Daglio, A 'uster SD/so ASSOCIATION OF INDEPENDENT INSUTANCD 411JI]STRU of Massttehusetts '° .p �� � � y� ��°�w �r« tet '� ---------- __ --- ---- l-- o_�-nth- �-- -- . .- - a� �� .� L e e&Wkoi � �__ 5-�_._t_1t�:S_t�ift(.��►U1GS--�I�--- �?i � E �VQ) L -(C -- - -- � . �MPOOTANTk � , PAINTING INSYI3UCTI® 5 :. A WOOD GARAGE.DOOR, IF PROPERLY PRO- TECTED FROM THE ELEMENTS,WILLG,IVE MANY YEARS OF RELIABLE SERVIOE •.Oa not allow door to absorb moisture befoie . painting. � . Prior to or immediately after installation,this door' should be primed Inside,outside and all edges{ .In addition,finish with two(2)coats of high quality' alkyd oil based paint on all surfaces. PRIME COAT ONLY DOES NOT OFFER PROTECTION .Staining is not recommended if stain.must be ` used, a minimum of two coats must be applied inside, outside and all edges. Door must then be sealed with a high quality sealer such as polyurethane. STAIN ALONE IS NOT ADEQUATE PROTECTION Failure to adhere to these instructions may Ipt premature failure and void factory warranty. GENERAL DOORS Sep 10 02 10:09a Realtu Corp. of Mass. 781-455-8482 p. l Realty Corporation of Massachusetts, Inc. P.O.Box 920238 Needham,Massachusetts 02492.0003 617-332.5656 ,MM(I Date: September 10, 2002 To: City of Salem Building Department Tom St. Pierre Work Phone: 978-745-9595 Fax: qy's-- 7d7 q ��/E From: Realty Corporation of Massachusetts Steven P. Keiran Phone: 617-332-5656 Fax: 781-455-8482 Pages: 3 Subject: Cigarette smoke complaint#73 Whalers Tom, as we discussed last week, Mariner Village has asked the Trust's attorney to review the Trust's documents as they relate to cigarette smoke. Attached is their response. It is the opinion of the Trust's attorney that since there is no known defect in the construction of her Unit, and since smoking cigarettes inside your own Unit is legal, that there is nothing that the Trust (or by inference the Building Department) can do at this time. As indicated in the attached letter,the Unit Owner may want to have her heating and ventilation systems inspected or consider other actions to minimize the possible infiltration of cigarette smoke (keeping her windows closed, etc). I will send the Unit Owner a copy of this letter and encourage her to contact this office if she has any other questions. I hope this information and the attached letter assists you in addressing this issue. Sep 10 02 10: 09a Realty Corp. of Mass. 781 -455-8482 p. 2 MARCUS ERMC09 August 28,2002 EMMER & FACSIMILE TRANSMISSION BROOKS, #781-455-8482 P.C. AND FIRST CLASS MAIL Attorneys At Law PRIVILEGED AND CONFIDENTIAL Board of Trustees Suite 107 Mariner Village Condominium 45 Braintree Hill Office Park Braintree,Massachusetts 02184 c/o Steve Keiran Telephone(781)843-5000 Realty Corporation of Massachusetts,Inc. Facsimile(781)843-1529 RO.Box 920238 c-mail law@mccb.com website www.meeb.com Needham, MA 02492-0003 Janet Oulousian Aronson 10 RE; Smoke Infiltration,Mariner Village Condominium Richard E.Brooks William DeBear Seth Emmer* Dear Trustees: V.Douglas Enrico t Stephen M.Marcus Thomas o.Moriarty*t You have requested our opinion concerning the responsibilities of the Jeffrey C.Turk Condominium Trust with regard to claims by a unit owner that the cigarette Edmund A.Allcock smoke from an adjacent unit penetrates into her unit. We understand that the Patrick J.Brady units in question are part of an attached cluster within which the subject units Laura White Brandow share a common wall that is commonly described as a fire wall. The units Alison L. Forbes John D.Kalish; have separate means of ingress and egress directly to the exterior common Judith A.Kennedy areas. In addition,we further understand that the units have separate heating Ilene M.McBride t and ventilating systems. Accordingly, we have reviewed this matter and the Marylou Muinccad relevant provisions of the constituent documents for the Mariner Village Therese Quijano Joseph D.saurino Condominium and the following reflects our comments and opinions related John E,Shaffer,P.E.a thereto. Douglas A.Troyer Given our understanding of the composition of the units in question, it appears Aim adToifted in CT that there is no defect in the common areas which could reasonably be +Also adnticzd in NY Arsoadn itW hi Na considered as the cause of the smoke infiltration. Since the units in question I n�amit�m w only share a common fire wall, it does not appear possible that the smoke from one unit could infiltrate into the abutting unit. Nevertheless, the unit owner may want to have the heating or ventilating system inspected for the unit in Bcstrm—(617)367-0006 order to determine if there is anything wrong with the system or if anything Springfield—(413)736.7500 can be done to improve the system. Worcester- (508)791-2120 p y New Hampshire-(603)891-2006 Rhode Island-(401)351-2221 Aside from the issues of maintenance,the smoking of cigarettes within the confines of a unit is not prohibited under the Condominium Documents,nor is Direct Dial Namher it a violation of the Rules and Regulations. As such,there is no basis for the (781)843-5000 Ext.50 jamnson@meeb.com Board to restrict such activity within the unit.