TUCKER MATHEW CONDO U1 STAIR ISSUE Tucker Mathew Condominiums
129 Essex Street, Salem
Unit 1 Stairs at Back Entrance
September 4, 2018
A set of exterior stairs is unsafe and does not meet building code.
This situation has existed since July 5th
See pictures attached.
Trustees Donna Scopa and Carrie Brown have not made this a priority.
We had to involve an attorney to have them understand that the stairs belonged to the
association and it was their responsibility to correct and pay for it.
The stairs/platform/railings are clearly lacking support and railings, the structure is
unsafe and violates the building code.
The woman who lives in Unit 1 is handicapped (she is our Mom).
They have dragged their feet correcting this and have shown that they have no idea
what they are doing.
We suggested they see someone in the Building Department for direction on what
needs to be done (we knew what needed to be done, but we wanted them to do their
job). We are not sure if they contacted or met anyone at the Building Department
To our knowledge these 2 Trustees only got 1 quote and that person cannot do the
work until the week of September 17.
We would like to have the Trustees cited for the code violation because it has taken so
long — it will be 11 weeks by the time they have someone start the work.
These Trustees didn't even think of making the stairs temporarily safer by supporting
the structure, making it level and putting on simple railings. They also could have
demanded that the stairs be removed.
Their total disregard to safety and building rules has resulted in our wanting the citation
to be served ASAP.
Thank you, ''-
Mary Lou O'Connor Bob Shea
617-529-9531 978-335-1446
� � �s a 0
T4� 3
2 J
O'Connor, Mary Lou
Subject: FW: rear entry/easement stairs, platform and railings
On Thu, Aug 9, 2018, 2:57 PM Bob Shea<bsheakmorningglorybb.com> wrote:
Trustees,
Where do we stand with having the rear entry/easement stairs, platform and railings for Unit 1 re-built as a free-
standing, safe structure? The lean has gotten worse since the deck was removed 5 weeks ago (which is what
supported the right side of the platform and stairs).
Although there are serious issues with the structure, my main concern is with the safety of my 84 year old,
E handicapped mother, as there is no right hand railing and the structure is leaning to the right side. I am also
concerned for myself, other visitors, as well as the contractors who will be using the rear entrance. We will have
heavy deliveries through the rear entrance too i.e. refrigerator, countertops, cabinets, etc. and I don't want the structure
to collapse and cause bodily injury to anyone due to the excessive weight.
Lastly, these stairs, platform and hand rail are not up to code and TMCA, not Unit 1, will be held liable if an accident
should occur.
I' Please provide me with an update.
Best regards,
Bob
i
� Ck
O'Connor, Mary Lou
Subject: FW: rear entry/easement stairs, platform and railings
From: Donna Scopa [mailto:dmsailor1(5)gmail.com]
Sent: Friday, August 10, 2018 5:55 AM
To: Bob Shea
Cc: Carrie Ann Brown; Kevin O'Connor
Subject: Re: rear entry/easement stairs, platform and railings
Good Morning Bob,
As I believe you know, Carrie has asked an Attorney at her office for clarification of the condo dicuments. I am hoing
for a response from the Attorney today.
At our brief meeting this past Monday with Kevin, he assured Carrie and I that the steps were safe and shored up but I
can certainly see your point.
In the meantime, it would be prudent to use the front entrance, for visitors, contractors and especially your Mother
entering and leaving the premises
Thanks,
Donna Scopa
Trustee
i
� � 10
O'Connor, Mary Lou
From: Bob Shea <bshea@morningglorybb.com>
Sent: Saturday, August 11, 2018 2:37 PM
To: 'Donna Scopa'
Cc: 'Carrie Ann Brown';O'Connor, Kevin
Subject: Reply to your email
Attachments: IMG 1449.1PG
Donna,
,It our brief meeting this past illondkv with Kevin, he assured Carrie and I that the steps were safe and shored up
but I can certainly see your point."
The back stairs and platform are safe for no one. Kevin may have propped something underneath to
temporarily stabilize it so we could go in and out, but it was never meant for excessive weight or to prevent the
structure from collapse. Kevin is not a safety inspector. I have advised Kevin to stop trying to be nice to people
by saving Unit Owners/TMCA money by doing and fixing things here himself. The other serious safety hazard
is that there is no hand railing on the right side of the platform. Additionally, and probably the most serious
code violation,the portion of the platform that abuts the building of Unit 1 does NOT have any column supports
at all. It is simple resting on '/z inch of the foundation! Find attached photo indicating this serious code
violation. The structure is clearly in violation of building code for both the support of the structure and the
missing right hand rail.
"In the ineantinze, it would be prudent to use the front entrance,for visitors, contractors and especially your 41other
entering and leaving the premises."
We have to use the rear entrance to bring in the larger items for Unit 1. We had do to this with some of the
furniture with the movers because the entrance to Unit 1 from the foyer is too tight and it makes it impossible to
get a couch and tall curio into the Unit. They both had to go in from the rear entrance. The foyer entrance is
too tight and we don't want to have any damage to the new appliances and cabinets trying to get them to
fit. The back stair and platform structure may not withstand the weight of a refrigerator along with 1 or 2
movers, all on the structure at the same time.
Although I appreciate you offering an option for my Mom to use the front steps, this would actually put her at a much
greater risk for a fall and injury.
If my Mom were to come back from Market Basket for instance, she of course would park her car in her designated
space out back. Then she would have to make a separate trip for each bag and walk down the length of the driveway
around to the front steps. From there, she would then have to climb six steep steps while carrying a bag of groceries (as
opposed to stepping up two short steps right at her back door where she parks her car) to the front door and then down
the corridor to her kitchen. The multiple trips coupled with the steep climb of six steps would put my Mom at a much
greater risk of not only becoming fatigued and risking another stroke or heart attack, but it would also put her at a much
higher risk of falling as a result and causing serious bodily injury.
As I mentioned in my previous email, my Mom's safety is my number one priority.
Best regards,
Bob
i
-J U
O'Connor, Mary Lou
Subject: FW:Trustee Update on Unit 1 Stairs
From:Carrie Ann Brown <cabrown @ceIIsignaLcom>
Sent:Thursday, August 23, 2018 12:19 PM
To: Bob Shea<bshea@morn ingglorybb.com>; O'Connor, Mary Lou<marylou.oconnor@proforma.com>
Cc:O'Connor, Kevin<kevin.oconnor@proforma.com>; Donna Scopa <dmsailorl@gmail.com>
Subject:Trustee Update on Unit 1 Stairs
Hi Bob and Mary Lou,
As you know, Donna has been actively calling carpenters to get quotes for the Unit 1 stairs. This has not been an easy task as we want someone who
can do the work in the next few weeks,and is also licensed to work on a 9 unit building. Last night at our Trustee meeting,the Trustees unanimously
agreed to move forward with Whitmore Construction and their proposal to completely replace the Unit 1 stairs, railings,and platform.The Trustees
will be meeting with Whitmore for final measurements, material review,and scheduling in the next few days. This new structure will closely match
the main building rear stairs in materials and color per the Trust.
The estimated install date is the week after Labor Day...weather depending,material depending,schedule depending,etc.
Please let the Trustees know if you have any questions on this.
Best regards,
The Trustees
Carrie Ann Brown
1
6��1 �
O'Connor, Mary Lou
Subject: FW: Unit 1 Entry Stairs and Patio
Attachments: burke 08.15.18.pdf
From: Carrie Ann Brown [mailto:cabrownC&cellsignal.com]
Sent: Wednesday, August 15, 2018 10:16 PM
To: Bob Shea
Cc: Donna Scopa; O'Connor, Kevin; O'Connor, Mary Lou
Subject: Re: Unit 1 Entry Stairs and Patio
Hi Bob,
With regards to fixing the stairs, as I indicated in my initial email, we are in the process of getting three quotes. Donna
was able to have one carpenter come by this week to look at the stairs, and we are waiting on his quote. We also have a
meeting set up with Hunter from Whitmore Construction for this Monday, August 20th. We are still determining who
the third quote will come from, but hope to have the third vendor in to see the stairs next week as well.
Donna is also planning on contacting Tom St. Pierre to determine if permits need to be pulled for whether we repair the
existing set of stairs or if we have to remove it and build a new set of stairs.
At this point, we cannot actually provide a timeline on when this work will be completed because we will need to get
the quotes back from the vendors, meet and make a decision on which vendor we will use, and then schedule the work
with the chosen vendor.
Best regards,
Carrie
On Wed, Aug 15, 2018 at 8:50 PM, Bob Shea<bsheaAmomingglorybb.com> wrote:
Trustee Carrie and Trustee Donna,
Thank you for finally seeing that the rear entry stairs and platform to Unit 1 belong to the Trust and the maintenance of
this structure and all exterior stairs/platforms of both the Main Building and the Carriage House also belong to the
TMCA Trust and that the maintenance of such structures are the responsibility of the TMCA.
Because the attorney at Carrie's work could not definitely conclude that these stairs belong to the TMCA and not Unit
1, we had our attorney, Mr. James Burke, get involved and provide the findings of his research of the Trust and condo
documents relative to this issue.
Please find attached the letter from Attorney James Burke indicating his findings and what he communicated to us this
afternoon. Clearly, the stairs and landing outside of Unit 1 do not belong to Unit 1, but in fact, belong to the Trust,just
as Kevin, Mary Lou and I already knew.
Please note that the structure is in dire need of replacement. Please see the attached letter from our attorney outlining
what he has requested. We hope the Trustees do the right thing and repair these stairs asap.
Regards,
Bob
i
Law Office of James J. Burke, LLC
ATTORNEY AT LAW
ONE ESSEX GREEN DRIVE,SUITE 3
PEABODY,MASSACHUSETTS 01960
James J. Burke TELEPHONE(978)548-4555
FACSIMILE(978)977-0958 e-mail:jburke@jamesburkelegal.com
Anthony P.Antico,
Website:www..iamesbui-kelegal.com
Of Counsel
August 15, 2018
Board of Trustees
Tucker Mathews Condominium Association
129 Essex Street
Salem, MA 01970
Re; Unit 1 Stairs in Disrepair
Dear Members of the Board of Trustees,
I represent the owners of the above referenced Unit Mr. & Mrs. O'Connor and Mr. Shea.
They have asked that I review the Condominium Documents and advise them as to whether or not
the exterior stairs are the unit owners' responsibility to maintain or does that responsibility rest
with the Condominium Association through the Board of Directors.
I have reviewed the appropriate documents and it is my opinion that the maintenance of all of the
exterior stairs is the responsibility of the Condominium Association.
I based this opinion on the following:
1) The recorded Unit Floor Plan does not indicate exterior stairs as being part of the Unit
(Copy Attached)
2) Section 5 of the Master Deed indicates the boundaries of units.Nowhere in any part of that
Section is there any reference that exterior stairs are a part of the Unit. (Copy Attached)
3) Section 6 of the Master Deed in the first sentence indicates that the Common Elements
consist of the entire condominium, exclusive of the Units and subject to the exclusive rights
of Unit owners to use the porch and patios....... Nowhere does it indicate that exterior
stairs are not a part of the Common Elements. (Copy Attached)
4) Section 6 (c)references that All entrances are included as part of the Common Elements.
5) Section 6 (c) also references on the second line that"stairs of the Building"are included as
Common Elements. I would argue that if those who drafted the Master Deed intended only
common area stairs and entrances to be included as Common Elements then they should
have been more specific.
6) In Exhibit B to Master Deed Immediate Exclusive Common Elements to which Units have
access references Porch for unit 1. Nowhere on Exhibit B are stairs referenced as either
i .
part of a unit or an exclusive use area and I would argue by the document's silence that
they are anything other than common elements. (Copy Attached)
I have also included copies of pictures showing the state of disrepair of the stairs. I do not think
anyone can argue that they are in good repair and safe to use.
By this letter I am putting the Board of Directors on notice that this condition exists and that it
needs to be repaired/replaced immediately so that it complies with the State Building Code and
with any and all other Rules and Regulations of the City or its Building Department.
I would suggest that you contact the Association's legal counsel for advice as to how to handle
items such as addressed here when the Board has been put on notice of the unsafe condition.
Should my client not be informed within one week of the date of this letter as to how this situation
will be addressed and when repair/replacement will occur, I will strongly suggest to them that they
should address their concerns with the Building Inspector for the City.
I am hopeful, as are they, that this situation can be resolved amicably among the parties and that it
need not be discussed with officials of the City.
Please do not hesitate to contact me if you should have any questions.
Sincerely,
Law kffice of James J. Burke, LLC.
By Ja0s 101rke, Esq.
JJB/me
Enclosures
cc: Mr. &Mrs. O'Connell
Mr. Shea
O'Connor, Mary Lou
Subject: FW: Platform/Stairs/Railing
From: Donna Scopa [mailto:dmsailoriCabgmail com]
Sent: Friday, August 31, 2018 1:00 PM
To: Bob Shea; Kevin O'Connor; Carrie Ann Brown
Subject: Platform/Stairs/Railing
Good Afternoon,
Hunter from Whitmore Construction has confirmed that he will begin the propsed work the week of September 17th.
He is tied up today on a very large project and will have a revised proposal after the holiday weekend.
Donna
` (r0- �%�
0c A0, R
Cep COCI�