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80 BOSTON STREET - FILE, ILLEGAL BUSINESS @ SITE LETTER �,�z /� ST �� ,��- 9-11-1997 S:S4PM FROM ELECTRIC-DEPT- 508 745 4638 P. 2 i A t E G; D citp of oalem, jao0atbuletto �Iethics[ �e�attmettt Paul alt. Tuttle City 01rdi ftian 44'lsfagem 44eeet foatenc,im 01970 pCe1 NS-745-OW ,Fax 508-745-4658 I 4 i APRIL 28, 1998 i 3 kR. DAVID GENDALL ACCOUNT REPRESENTATIVE kiASSACHUSETTS ELECTRIC COMPANY 70 MEDFORD STREET �4ALDEN, MASSACHUSETTS 02148 RES FLYNN .TAN FACTORY, GOODHUEE STREET TEL. POLE NO. 4 FgAR, MR. GENDALL: PLEASE BE ADVISED, I AN NOTIFYING MASSACHUSETTS 8— i .,F7,CTRIC TO SHUT OFF THE ELECTRIC SERVICE AT FLYNN TAP i } ACTORY, GOODHUE STREET, TELEPHONE POLE NO.4 EFFECTY-79 �160DIATELY. THIS IS AN ADDENDUM TO CORRESPONDENCE D).-,TSD Al?RIL 17, 1998. 1 WAS UNAWARE OF TWO SERVICES ON THE FLYNN tFAN PROPERTY. THIS IS PART OF THE REQUEST OF THE CITY OF i PALEN BUILDINGDEPARTMENT. , ONCE AGAIN, THANK YOU FOR YOUR CONTINUED COOPERATION. ygmzs ITRULY, PAUL N. , TUTTLE CITY ELECTRICIAN t CCS BUILDING INSPECTOR — FAXED 744 5918 pITIM 4 i . /c ,v, �1 APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTR MINIMUM OF THREE CALL INSPECTIONS APPROVED PLANS MUST REQUIRED FOR ALL CONSTRUCTION WORK: POSTED UNTIL FINAL IN 1.FOUNDATIONS OR FOOTINGS. 2.PRIOR TO COVERING STRUCTURAL CERTIFICATE OF OCCUPF MEMBERS(READY TO LATH). NOT BE OCCUPIED UNTIL 3.FINAL INSPECTION BEFORE OCCUPANCY. POST THIS CARD SO Il BUILDING INSPECTION APPROVALS PLUMBING IN 1 2 2 BOARD OF HEALTH GAS INSP 1 OTHER CITY ENGINEER 2 WORK SHALL NOT PROCEED UNTIL THE FASNOTED ITWILL BECOME NULL INSPECTOR HAS AP PROVED THE VARIOUS STARTED WITHIN SIX STAGES OF CONSTRUCTION. ABOVE. n �— C C �9 O CITY OF SALEM, MASSACHUSETTS STANLEY J. USOVICZ, JR. MAYOR April 9, 1998 John M. Clayman P.O. Box 5532 Beverly Farms, MA 01915-5532 RE: Former F1ynnTan Properties Dear Mr. Clayman: In response to your correspondence of April 2, 1998, I want, first, to thank you for your concern as a Salem businessman, and second, to assure you that the former FlynnTan site is unquestionably a priority of my administration. The site has been a troublesome property since the demise of the once productive Flynn Tannery. It has become a blight on one of the entrance corridors to the city. The Neighborhood Task Force has recently added this property to the "Top Ten" list of problem properties in Salem. Two major concerns regarding this property are the close to $400,000 in overdue taxes and approximately $250,000 in clean-up costs, not to mention the cost of potentiai demolition to most of the site - particularly the multistory section that faces your properties across Goodhue Street. There is also the additional issue of the improvements being performed on Boston Street and that intersection. Nonetheless, we are making progress. Indeed, within the last month, City Planner Craig Wheeler, Building Inspector Leo Tremblay, City Assessor Peter Caron, Deputy Fire Chief Thomas Brophy, Assistant City Solicitor John Keenan, and my Chief Assistant Al Viselli have met with the present owner of the property, Jan Exman, and a potential new developer of the property. They have made it clear that cleaning up this site is a priority= of mine. We expect proposals on how'0 c,<an up this property to be forthcoming. SALEM CITY HALL•93 WASHINGTON STREET.-SAL ET-1.MASSACHUSETTS 01970-3592•9781745.9595•FAX 97e;744-9327 John M. Clayman April 9, 1998 Page 2 Regarding enforcement at this site for blatant violations, our legal department is presently prosecuting a criminal complaint for the illegal businesses being run out of the various portions of the property. Additionally, the EPA is involved and fully aware of the issues at this property. They have the full cooperation of the Salem Planning Department. I encourage you to continue working with the Salem Partnership to help address these issues. I also encourage you to get involved with the Ward Four Neighborhood Group (Leo Jodoin 745-7983 and Cathie Moskovis 745-6471) who, along with Ward Four Councillor Len O'Leary, have also been keeping the F1ynnTan in the forefront. Lastly, I would encourage you to contact State Senator Fred Berry regarding the "Brownfield's Legislation" now pending on Beacon Hill. I believe the FlynnTan properly is the picture perfect "poster child" of what that bill hopes to accomplish - turning around run down sites by creating incentives for development. I have enclosed some information on that legislation. Thank you for your attention to this matter. Very best regards, Stanley J. Usovicz, Jr. Mayor SJU/jp cc: John Kecnan, Assistant City Solicitor Leo Tremblay, Building Inspector Craig Wheeler, City Planner Len O'Leary, Ward Four Councillor APPLICATION ❑ ADULT NUMBER Trial Court of Massachusetts }s FORCOMPLAINT ❑ JUVENILE District Court Department !f ❑ ARREST 1❑_ HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within named defendant, charging said defendant with the offense(s) listed below. Satern District C4utt DATE OF APPLICATION I DATE OF OFFENSE PLACE OF OFFENSE 65 Washington Street Salem.MA 01970 NAINAE OF PLAINANT NO. OFFENSE G.L. Ch. and Seo "ityof Snlem ADDR SS AND ZIP CODE OF COMP INANT + One Salem Green Massachusetts State Building Salem, MA 01970 Code Section 123.1 ; 2 NAME,ADDRESS AND ZIP CODE OF DEFENDANT Bank of Boston - Attn: Charles K. GifforQ,PPresident 3. 100 Federal Street Boston, MA 02110 4. COURT USE I A hearing upon this complaint application DATE OF HEARING TIME OF HEARING COURT USE ONLY will be held at the above court address on AT f—ONLY CASE PARTICULAR — 99 SPECIFIC NAME OF VICTIM- DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under - SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 1 2 3 W 4 4 OTHER REMARKS: The defendent has refused to answer letter that have been written or to repair the code biolations. X CO A N NT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATEOFBIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT I EYES f AIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME ���� ✓ 0 O I 3 9 r D_ 2 < D 2 1 N O 9 DC-CR2(3/88) APPLICATION 11ADULT "DM r - Trial Court of Massachusetts FORCOMPLAINT .❑ JUVENILE District Court Department ❑ ARREST [T HEARING ❑ SUMMONS J+1WARRANT COURT DIVISION The within named complainant requests that a complaint issue agai hs the within Sale'[Tt (�iSUI&t named defendant, charging said defendant with the offense(s) listed below. 6s Washington Street Court DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 7/21 /93 1 7/7/93 171 Boston Street "am, MA_ot970 NAME OF COMPLAINANT City of Salem NO. OFFENSE G.L. Ch. and See ADDRESS AND ZIP CODE OF COMPLAINANT Massachusetts Stat• Bldng. Inspector of Buildings t Code Section 123.0 __0ne-'Sal-em Green _---------_-_�— .--_- _-... Salem, MA 01970 > (UnsafeStructure) 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT 100 Federal Street yl� ' 3 Boston,_MA .02110 4 COURT USE I A hearing upon this complaint application 9' 7E OF EARINGTIME OF HEARING COURT USE ONLY will be held at the above court address on ; /tJ� TZI I f--ONLY CASE PARTICULARS — * SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY ALUE OR PROPERTY TYPE OF CONTROLLED No. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person_assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. r nrr+ IPJ 2 s x e 3 C3 4 OTHER REMARKS: a3a A letter was sent to the Bank of Boston on July 7, 1993 and received by them on July 8, 1993, they have not responded to our requests. The letter was sent by Certified Return Receipt mail . X L.�;_2 ✓ ���-� SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX PACE HEIGHT WEIGHT 1 EYES HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME O CD 3 r a z a z N 0 DC.CR2(3/88) Y, Alt- C� Jan Exman 66 Old Blue Hills Road Durham, CT 06422 November 4, 1997 Mayor Harrington City of Salem One Salem Green Salem, MA 01970 Dear Mayor Harrington: In the past I have had meetings with Craig Wheeler and Peter Caron to discuss the former Flynn Tan building on Boston Street and the related back tax issue. An abatement of the delinquent property taxes is going to be an important part of a site redevelopment effort and I will be submitting to the city a request to abate back taxes. Over the past summer I have done much to improve the appearance of the property and have gotten tenants to occupy portions of the site. This clean-up and occupancy has greatly enhanced security at the site and is providing a cashflow to finance further development and clean-up. It is my intent to submit a formal tax abatement request to the city before the end of this year. As discussed in my October 27 meeting with Craig Wheeler and Peter Caron, this request will offer an environmental clean-up of the site in return for an abatement of the delinquent property taxes. During this time it will be important for me to retain tenants at the site for purposes of security and cashflow to finance the cleanup. After meeting with the building inspector and fire prevention it is my belief that the building code issues related to the tenants can be satisfactorily addressed. The only other issue relating to tenants at the site appears to be that of back taxes, and it is anticipated that these taxes will be abated by the city after an application to do so is acted on favorably by DOR. With the above effort underway it is requested that the city allow tenants to remain at the site in anticipation of a successful environmental clean-up and rehabilitation of the property. Forcing these tenants to leave will severely hamper my efforts to clean-up and rehabilitate the property. Sincerely, (� cc Peter Caron Craig Wheeler Lenny O'Leary David Shea Leo Tremblay 3 ` (pity of i§Wrm, Massur4usrtts } ''o I9ublic Propertq Bepartment �°'VW0 � iguilbing #lepartment (One t3alrm (green 508-743-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 3 , 1997 Jan Exman 66 Old Blue Hill Road Durham, Ct . 06422 RE : 80 Boston Street Dear Mr . Exman: Per our inspection and conversation on October 31 , 1997 on site at 80 Boston Street . #1 . Per City of Salem Code of Ordinance x/2 . 211 . 2 no permits , licenses or Certificates will be issued to a piece of property that is in rear of taxes . You must meet with City Treasurer to come to a satisfactory agreement to enable the following items to be completed. #2 . All business that are illegally renting space on the property must register with the City Clerks office for a business certificate . #3 . All business must apply to the building department for a Certificate of Inspection . #4 . All businesses will require to comfort to all Fire and building codes and requirements . This office will allow you fifteen ( 15 ) days to make an agreement with the City of Salem Treasurer, if this is not accomplished you will cease and desist all illegal rentals on property by December 1 , 1997 , or this department will take legal action against you . Thank you for your anticipated cooperation in this matter. Sincerely, ,. Leo E. Tremblay Inspector of Buildings LET: scm cc : Jane Guy Craig Wheeler Fire Prevention Captain Blake William O ' Connor Councillor O'Leary, Ward 4 Jan Exman yh C 66 Old Blue Hills Road Durham, CT 06422 (203)499-2049 October 28, 1997 Leo E. Tremblay Salem City Hall One Salem Green Salem, MA 01970 Re: 80 Boston Street Dear Leo: Yesterday I met with Craig Wheeler, Peter Caron, and Jane Guy to discuss plans for addressing the back tax issue related to 80 Boston Street. As a result of that meeting I will be presenting to the City of Salem a proposal to clean-up the site and to have the delinquent taxes abated. Since I am in the process of addressing the tax issue on this property it is requested your cease and desist order be lifted. Sincerely, cc: Jane Guy Craig Wheeler Health Department Fire Prevention Councilor O'Leary, Ward 4 Captain Blake Dave Shea Mayor Harrington n Jan Exman !1 66 Old Blue Hills Road V ,,✓) G Durham, CT 06422 (203)499-2049 D„ r �/5 • ' ,,{T October 28, 1997 Leo E. Tremblay Salem City Hall •• One Salem Green Salem, MA 01970 Re: 80 Boston Stre ' eo: Yesterday I met with Craig Wheeler, Peter Caron, and Jane Guy to discuss plans for addressing the back tax issue related to 80 Boston Street. As a result of that meeting I will be presenting to the City of Salem a proposal to clean-up the site and to have the delinquent taxes abated. Since I am in the process of addressing the tax issue on this property it is requested your cease and desist order be lifted. Sincerely, cc: Jane Guy Craig Wheeler Health Department Fire Prevention Councilor O'Leary, Ward 4 Captain Blake Dave Shea Mayor Harrington Otu of �5ttlem' A nssttr4 sets Public Propertq flepartment Nuilbing flepartment (One t3alem d5reen 508-745.9595 Tun. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 11 , 1997 Paul W. Sullivan 17 Front Street Salem, Mass . 01970 RE : 70-80 Boston Street Dear lir . Sullivan: Per your request concerning the hearing on December 11 , 1997 with your client Mr . Exam at Salem District Court , I have asked that it be continued until February 11 , 1998 at 10 : 30 a .m. This will allow you the needed time to meet with the new administration and hopefully resolve some of the pending issued, and enable to upgrade the structures to comply with State Building and Fire Codes. If this office can be of further assistance in this matter, please do not hesitate to call . Sincerely, Leo E . Tremblay Inspector of Buildings LET: scm cc : Mayor Neil Harrington Fire Prevention Robert LeDoux John Keenan I J LAW OFFICE OF ROBERT W. WELCH 17 FRONT STREET SALEM,MASSACHUSETTS 01970 ' Robert W.Welch 978-7440637 Fax No.978-744-3660 Frank P.Muzio Paul W.Sullivan December 4, 1997 Leo E. Tremblay Inspector of Buildings City of Salem One Salem Green Salem, MA 001970 RE: 80 Boston Street Dear Mr. Tremblay: Thank you for speaking with me this morning. As we discussed, Mr. Exman currently fmds himself in a difficult position. It is his desire to make the necessary improvement to the above-referenced property, however, as you are aware, he is unable to pull the necessary permits to do that work without first paying the taxes. Mr. Exman has represented to me that he has been and will continue to make diligent efforts in cooperation with the City to once again make the site at 80 Boston Street a productive property. I will notify Mr. Exman that pursuant to my conversation with you, you will be withdrawing your application for criminal complaint against him. I understand that we will revisit the situation in sixty (60) days. Hopefully in that period of time W. Exman will be able to work with the new administration towards resolving the issues that surround the property. . Thank you for your cooperation, if you have any questions, please feel free to contact me. Sincerely, Paul W. Sullivan I J� PWS/kkd cc: Jan Exman ^' 0 ARTICLE -{- P 921 991 514 UNE i. Charles Gifford, President "UMBER . Bank of Boston 100 Federal St. Boston, MA- 02110 RE: 70-90 Boston St., Salem t FOLD AT PERFORATION 1 I r WALZ INSERT IN STANDARD#10 WINDOW ENVELOPE. ., E E R T 11 1 E D M A I L E RW aJ _ I LAW OFFICE OF IROBERT W. WELCH 17 FRONT STREET SALEM,MASSACHUSETTS 01970 Robert W.Welch 978-744-0637 Fax No.978-7443650 Frank P.Muzio Paul W.Sullivan December 4, 1997 Leo E. Tremblay Inspector of Buildings City of Salem One Salem Green Salem, MA 001970 RE: 80 Boston Street Dear Mr. Tremblay: Thank you for speaking with me this morning. As we discussed, Mr. Exman currently finds himself in a difficult position. It is his desire to make the necessary improvement to the above-referenced property, however, as you are aware, he is unable to pull the necessary permits to do that work without first paying the taxes. Mr. Exman has represented to me that he has been and will continue to make diligent efforts in cooperation with the City to once again make the site at 80 Boston Street a productive property. I will notify Mr. Exman that pursuant to my conversation with you, you will be withdrawing your application for criminal complaint against him. I understand that we will revisit the situation in sixty (60) days. Hopefully in that period of time Mr. Exman will be able to work with the new administration towards resolving the issues that surround the property. Thank you for your cooperation, if you have any questions, please feel free to contact me. (Sincerely, Paul W. Sullivan 1 J� PWS/kkd cc: Jan Exman LAW OFFICE OF ROBERT W. WELCH 17 FRONT STREET SALEM,MASSACHUSETTS 01970 Robert W.Welch 978-744-0637 Fax No.978-7443650 Frank P.Muzio Paul W.Sullivan December 4, 1997 Leo E. Tremblay Inspector of Buildings City of Salem One Salem Green Salem, MA 001970 RE: 80 Boston Street Dear Mr. Tremblay: Thank you for speaking with me this morning. As we discussed, Mr. Exman currently finds himself in a difficult position. It is his desire to make the necessary improvement to the above-referenced property, however, as you are aware, he is unable to pull the necessary permits to do that work without first paying the taxes. Mr. Exman has represented to me that he has been and will continue to make diligent efforts in cooperation with the City to once again make the site at 80 Boston Street a productive property. I will notify Mr. Exman that pursuant to my conversation with you, you will be withdrawing your application for criminal complaint against him. I understand that we will revisit the situation in sixty (60) days. Hopefully in that period of time Mr. Exman will be able to work with the new administration towards resolving the issues that surround the property. Thank you for your cooperation, if you have any questions, please feel free to contact me. Sincerely, Paul W. Sullivan J� PWS/kkd cc: Jan Exman 3 ° Cnit of iftlem, massar4usetts Public Propertp Department Nuilbing Department (9ne 6alem Green 598-745-9595 ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 7, 1993 Bank of Boston 100 Federal St. Boston, MA 02110 7©-Y7-- RE: Flynn Tan, i:-PT Boston St. , Salem Dear Sir or Madam: As Inspector of Buildings for the City of Salem it is my job to insure all buildings located in the City are kept in a good state of repair and not present a danger to the health, welfare and safety of the public. The above referenced property, as it currently exists, presents a definite health hazard and is a cause for concern in the neighborhood with regards to fire liability. I am requesting this building be secured against unlawful entry and I would like to see the building professionally exterminated. There is broken glass falling from windows causing a danger to pedestrians. Also, all hazardous chemicals are to be removed from the interior of the building. You are hereby requested to respond within five (5) days of receipt of'. this notice to inform us of your intentions to remedy this situation. Failure to comply will result in legal action being taken. Sincerely, Leo E. Tremblay Inspector of Buildings LET:bms cc: Councillor O'Leary Certified Mail # P 091 156 279 \17lbstn\ Titg of *a1em, massac4usetts Public Jornpeng Department '�+ms +iguilhing Department (Pne £Qnlem Green 508-745-9595 fxt. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer March 17, 1993 John Flynn & Sons P.O.Box 4488 Salem, MA 01970 RE: 70-92 Boston St. (B-2) Dear Mr. Flynn: In response to many complaints regarding the condition of the above referenced property I conducted an on site inspection with the following results: 1. Overgrowth of grass and weeds on the Boston Street side of the building. 2. Miscellaneous debris including wooden pallets and metal railings. 3. Careless boarding up of openings of the Goodhue side of building. 4 . Broken glass is falling on the sidewalks from windows on the Goodhue side of the building. This poses a danger to the safety and welfare of the public and must be corrected immediately. 5. Additional securing of the building must be completed. This building is an eyesore and the residents of the City are in hopes that you may be close to making a decision as far as upgrading the property or totally demolishing the structure. I thank you in advance for your prompt attention in this matter and I also am in hopes you will give great consideration to moving onward to future plans more quickly. Sincerely, Leo E. Tremblay Inspector of Buildings LET:bms cc: Councillor O'Leary olo M r. �� �rGm a.✓Z 53 (a v 3} pl °I - ab' °► O July 59 1973 Ms. Mary Donovan 12 Winter Street Salem, Massachusetts 01970 Re : Dangerous building at 92a Boston Street Salem, Massachusetts Dear Ms. Donovan: I have been consulted by Mr. Daniel J. O'Brien, Jr. , Building Inspector of the City of Salem, relative to the condition of the premises owned by you at 92a Bridge Street,' Salem. This building has been subjected to several fires, is uninhabited and open to the weather, and would be especially unsafe in case of fire. Mr. O'Brien has bad the premises examined by a panel of three trained persons and it has been established that the building is more than 7096 damaged. Under these circumstances, it is necessary for security reasons that the property be razed and removed-and any hole on the lot be properly backfilled. We wish to bring this serious problem to your attention because you till be able to have the building demolished at a considerable savings if it is done under your supervision and direction. It is necessary for the City to take immediate steep to obtain the removal of this building. Will you, therefore, take immediate steps for the removal of this building and report to me as to what action you have taken. Please contact me no later than noon Tuesday with information as to the arrangements you have made for the removal of this building. Unless this problem has been solved privately by you it will be necessary for the City to take •immediate action. Under Massachusetts statute the cost of removal by the City constitutes a lien upon your property,. Please do not hesitate to. eall me if I can be of assistance to you in resolving this matter. You will realize that action . must be taken promptly. It cannot be delayed because insurance matters have not as yet been worked out. Very truly yours, r William H.K. Donaldson Assistant City Solicitor W1M:nl w w....,,y ...-k.vxwr....•,mihT2uxurto.ts+.d�w+tf....,... s.Sn. %k,.., �'ar:t..�....:s,:.?aSGxiJiz''+fixa.a�.,.,,n.:::a. ah..+.,.».t&. a{. ,..�+-�..�....#.,w.,. ::,a _-.. r.,.- . .,,, gM�.q g lg & BRAS NSTEIN JOSEPH B AUNBTEIN SAUL H HN MICHAELJ DINGA STANLEY JR AIRMEN I..M ., BECKER KL11 J. LYONS RICHARD B.JACOBS ROBERT C.YINNERSHINE KEVIN J.SIMARD COUNSELLORS AT LAW Aaol.D C. DULONO KEVIN HERN.JR. CHARLES W. STAVROS PETER H-SO".ry ALAN L. BRAUNSTEIN JOAN A..$...THORNTON THREE CENTER PLAZA STEVEN T. GHEENC C. YACEY RUSSELL MICHAEL K. DAVIS STEVEN J.WEINSTEIN WAYNE S. MICHALS MICHAEL S. FALLMAN DAVID s. BERMAN BRADLEY M. SHRON ENNIB E, KENNA BOSTON, MASSACHUSETTS O`i 308 PA VL v.EAMS.ANCY I_84VEW E1S5 JOSEPH A.SANTO. LAWRENCE J. CROWLEY,JN, IOHN S. REIOT DANIEL S, MLECK (617) 523-9000 C'HAR"S R. BENNETT,JR. JAMES I. RVBEN$ LAWRENCE S.JACOBSON RO BERT E. SAO ISAAC N PEKES RAIIN M. MVRTAG. TELECOPER(6171 723-6631 JAN TORE HALL CHRISTOPHER R.VACCARO LINA WITALEC VERDI JAM E5 H. LERNER P AUL J. PERRY LOSCOCCO SUSAN N. KENNSALLY ^— MARTHA S. FAIGEN NI1C.ELL E. MARDER ELIZABETH E.DESMARAIS RONALD N. B RAI.SIEI. DAVIS A. EPMRAIM R.IIRTM. CARNEY HTJRLING' N OFFICE ROBERT C. BUCKLEY LOUIS J. DleRo rvxo,JR. SUSAN S. PAWLJCK SEVEN NEW ENCLANU EXECUTIVE PARK DONALDE. ROTHMAN LORRAINE RAPPA SULLIVAN LILLIAN WILSON BARRY G. BRAUNSTEIN JOSEPH R.VALLE,JR. BURLINGTON,MASSACHUSETTS 01803 AM"S. FRANCHEK JAMS e. BURNS 1.11,213'x210 JONATHAN L. BARER JERgY B. PLUMB BERNARD A, RIEMER II905-19811 iELEC.Al"l61n xID�0116 September 3, 1993 Mr. Leo E. Tremblay Inspector of Buildings City of Salem One Salem Green Salem, Massachusetts 01970 Re: Flynn Tan, 70-92 Boston St. , Salem Dear Mr. Tremblay: Please be advised that this firm and the undersigned represent The First National Bank of Boston ( "Bank of Boston") with respect to certain matters involving John Flynn & Sons, Inc. We have been requested by Bank of Boston to respond to the Application for Complaint sought by the Inspector of Buildings, City of Salem. The Complaint apparently concerns real property located at 70-92 Boston Street in Salem. Please be advised that Bank of Boston is not the owner of this property. Nor has Bank of Boston taken any steps to obtain possession of the property. Accordingly, Bank of Boston has no responsibility for maintaining the property or undertaking any repairs that may be necessary thereto. John Flynn & Sons, Inc. was a borrower of Bank of Boston and, in connection with that borrowing arrangement, had granted Bank of Boston a security interest in various of its personal property .and a mortgage on real -property, including the property located on Boston Street. Some time ago, John Flynn & Sons, Inc. filed for relief under the United. States Bankruptcy Code, and its assets were liquidated. Wed not believe that the real o administered an the Bankruptcy our . W i e we are informed that v re ma e o n Flynn & Sons, Inc. to sell the property, they were unsuccessful . Accordingly, John Flynn & Sons, Inc. is and remains the owner of the property and, as such, is obligated to maintain and repair the property. As stated, Bank of Boston as the holder of the mortgage on the property has no such obligations, particularly where it has not entered into possession nor exercised control thereof. Mr. Leo E . Tremblay September 3, 1993 Page 2 We understand that there is an application for a criminal complaint pending, with a hearing scheduled for September 27, 1993 . Under the circumstances, we would appreciate your directing that the application be withdrawn and/or brought against the owners of the property. Thank you for your anticipated cooperation in this matter. Very t_zaly yo s. _ Bennett, Jr. CRBC1620 . icm cc: Mr. Kenneth E . Girten of 3Ulfm, masliac4uoetto Public Propertp Department +Nuilbing Department (One Salem Green 500-745-9595 Fxt. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 8, 1993 Robert Ledoux, Esq. City Solicitor RE: Flynn Tan, 70-92 Boston -St. Dear Mr. Ledoux: I have enclosed, for your perusal, correspondence relative to the above referenced property, please note the letter dated September 3, 1993 from the Attorney representing the Bank of Boston. I would appreciate it very much if you could advise me as to what my next course of action should be. I thank you very much for your prompt attention in this matter. Sincerely, Leo E. Tremblay Inspector of Buildings LET:bms cc: Councillor O'Leary, Ward 4 \flyntn2\ ENDER: • Complete items 1 and/or 2 for additional services. I also wish to receive the • complete items s,and as it b. following services(for an extra fee): • Print your name and address on the reverse of this form so that.we can return this cab to you -. 1. ❑ Addressee's Address • Attach this form to the front of the mailpiece,or on the back it space does not permit. • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivered to and the dace of delivery. Consult postmaster for fee. 3.Article Addressed to: 4a.Article Number P 921 991 514 Charles Gifford, President Bart., 8t. GostOft 4b.Service Type IM Fnde7ra3 St. 8niston, M 021110 CERTIFIED '11r; 70-90 Boston cxn 7.Date of Delivery 5.Signature—(Addressee) 8.Addressee's Address (ONLY if requested and fee paid.) S 6.Signature—(Ag PS Form 3811,November 1990 DOW T ECEIPT United States Postal Service Official Business PENALTY FOR PRIVATE USE,$300 IIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII INSPECTOR OF BUILDINGS ONE SALEM GREEN SALEM MA 01970-3724 SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return receipt fee will rovide ou the name of the erson delivered to and the date of delivery. For additional fees the following services are available, onsult postmaster or fees andeck box(es)for additional service(s) requested. 1. 9 Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number �ye/N TH VVt5,4- .�N c_ /q� ( �j Type of Service: P'0 r✓05e�7/0U ❑ Registered ❑ Insured 11,s, �'1g7,9 �ertified ❑ CRRet COD i1QR-e��/r/j '9 ❑ Express Mail ❑ rn for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED, 5. Signature — Addressee Odd, s Address (ONLY if X % 4 paid) 6. Signature — AgentDateofDelivery PS Form 3811, Apr. 1989 +U.S.G.P.G.1989-238-815 OMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE I I I I I I OFFICIAL BUSINESS SENDER INSTRUCTIONS adders and NS Print your name,address end 21P Code in the space below. • Complete items 1,2,3,and 4 on the AJ reverse. • Attach to front of article if apace permits. otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO � /J w ill Ilublic Propertg Department INS '�� Nuilbing Department (One 13alem (Sreen 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property inspector of Building Zoning Enforcement Officer April 2, 1993 Leonard F. O'Leary Councillor Ward 4 City of Salem RE: Flynntan, 70-92 Boston St. Dear Councillor O'Leary: Regarding the above referenced property, I believe you are aware that I sent a letter to John Flynn & Sons, in response to that letter I received a phone call from Mr. Berkel informing me the Flynn Tannery was going to file bankruptcy, and they owe the City for overdue taxes. This is the situations as it stands now, I will keep you informed if anything changes. Sincerely, Leo E. Tremblay Inspector of Buildings LET:bms of IgWcm, massttr4usetts n ' Public Proltertg flepartment +Nuilbing Department (One Salem (6reen 500-745-9595 F—V. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer August 5, 1993 Bank of Boston Attention Charles K. Gifford, President 100 Federal St. Boston, MA 02110 RE: Flynn Tan, 70-92 Boston St. , Salem Dear Mr. Gifford: As Inspector of Buildings for the City of Salem it is my job to insure all buildings located in the City are kept in a good state of repair and not present a danger to the health, welfare and safety of the public. The above referenced property, as it currently exists, presents a definite health hazard and is a cause for concern in the neighborhood with regards to fire liability. I am requesting this building be secured against unlawful entry and I would like to see the building professionally exterminated. There is broken glass falling from windows causing a danger to pedestrians. Also, all hazardous chemicals are to be removed from the interior of the building. You are hereby requested to respond within five (5) days of receipt of this notice to inform us of your intentions to remedy this situation. Failure to comply will result in legal action being taken. Sincerely, �04 Leo E. Tremblay Inspector of Buildi gs LET:bms cc: Councillor O'Leary Certified Mail # P 921 991 514 \70bstn90\ O�g$����g �® y®p TI��T I�qT R1EMjEL® ` IBRAU_ ` STEII" SOAK LEVJp RI E-BY R IN JOXNHA. BECNER MICHAKEVIN EL LYON EGA YONSGA RICHARO B.JACOBS ROBERT C.ZINNERSHINE KEVIN J. SIMARD COUNSELLORS AT LAWAROLD C. OBLONG KEVIN HERN.JR. CHARLES W.STAVROS / PETER X.SUTTON ALAN L RAUNSTEIN JOAN PAR50NS THORNTON THREE CENTER PLAZA STEVEN T. GREENE E. MACEY RUSSELL - MICHAEL K. DAVIS STEVEN J.WEINSTEIN WAYNE S. MICHALS MICHAEL E. FALLMAN BOSTON, MASSACHUSETTS 02108 DAVID S. BERMAN BRADLEY M. SHRON DENNIS E. MCKENNA PAUL S.SAMSON NANCY I. 6LUEWEISS JOSEPH A. SANTOS LAWRENCE J. CROWLEY,JR. JOHN S. REIDY DANIEL S. BLECK (617) 523-9000 CHARLES R. BENNETT,JR. JAMES I. RURENS LAWRENCES.JACOBSON ROBERTE. PAUL ISAAC X PERES KEVIN M. MURTAGH TELECOPIER (617) 723-6631 JAN TORE HALL CHRISTOPHER R.VACCARO GINA WITALEC VERDI JAMES H. PAULJ. PERRY LOSCOCCO SUSAN N NEALLY MARTHA SL FAIGEN MITCHELL S. MARDER ELIZABETH E DESMARAIS RONALD N. BRAUNSTEIN DAVID A. EPHRAIM ROBERT M. CARNET BURLINr>'PON OFFICE ROBERT C. BUCKLEY LOUIS J. D FRGNZO.JR. SUSAN B PAWUCK SEVEN NEW ENGLAND EXECUTIVE PAVEDONALD E. 40THMAN LORRAINE RAPPA SULLIVAN LILLIAN WILSON BARRY G. RAUNSTEIN JOSEPH R.VALLE,JR, BURClL LINON.MASSUTS ACHSET01803 JAMESS. FRANCHEK JANIS B. BURNS 1.111 213-2 27. JONATHAN L.SAMEN JERRY 9, PLUMB BERNARD A.RIEMER 11905-19911 TE LEDO PI E R(6171273-0776 U September 3, 1993 Mr. Leo E. Tremblay Inspector of Buildings City of Salem One Salem Green Salem, Massachusetts 01970 Re: Flynn Tan, 70-92 Boston St. , Salem Dear Mr. Tremblay: Please be advised that this firm and the undersigned represent The First National Bank of Boston ( "Bank of Boston" ) with respect to certain matters involving John Flynn & Sons, Inc. We have been requested by Bank of Boston to respond to the Application for Complaint sought by the Inspector of Buildings, City of Salem. " The Complaint apparently concerns real property located at 70=92 Boston Street in Salem. Please be advised that Bank of Boston is not the owner of this property. Nor has Bank of Boston taken any steps to obtain possession of the property. Accordingly, Bank of Boston has no responsibility for maintaining the property or undertaking any repairs that may be necessary thereto. John Flynn & Sons, Inc. was a borrower of Bank of Boston and, in connection with that borrowing arrangement, had granted Bank of Boston a security interest in various of its personal property and a mortgage on real property, including the property located on Boston Street. Some time ago, John Flynn & Sons, Inc. filed for relief under the United States Bankruptcy Code, and its assets were liquidated. We do not believe that the real property was ever administered in the Bankruptcy Court. While we are informed that various efforts were made by John Flynn & Sons, Inc . to sell the property, they were unsuccessful . Accordingly, John Flynn & Sons, Inc. is and remains the owner of the property and, as such, is obligated to maintain and repair the property. As stated, Bank of Boston as the holder of the mortgage on the property has no such obligations, particularly where it has not entered into possession nor exercised control thereof. Mr. Leo E. Tremblay ]RIHOMISR & BRAUNSTEIN September 3, 1993 Page 2 We understand that there is an application for a criminal complaint pending, with a hearing scheduled for September 27, 1993 . Under the circumstances, we would appreciate your directing that the application be withdrawn and/or brought against the owners of the property. Thank you for your anticipated cooperation in this matter. Veryjt' yours �j Charles R. Bennett, Jr. CRBC1620 . icm cc: Mr. Kenneth E. Girten TitV of ttlEm, Masaar4uoEtts a Publir Prapertg Department Nuitbing Department One ftem (green 598-745-9595 e4. 389 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer March 13 , 1992 Flynn Tannery, Inc. P .O . Box 4488 Salem, MA 01970 RE : 70 Boston Street Gentlemen: An inspection of the above referenced property revealed the building vacant and open to the elements creating a hazardous condition and posing a threat of fire . You are herewith ordered to, by twelve o ' clock noon the on the day following receipt of this notice, secure this building in accordance with the Massachusetts State Building Code, 780 CMR, Sections 123 & 124 . Failure to comply with this order will result in this office taking the necessary steps to make the structure safe and secure and to place a lien against this property. Sin e.�rely, David J . Harris Assistant Building Inspector DJH:bms cc: Mayor Harrington Chief Sullivan, Fire Dept. Kevin Daly Esq, City Solicitor Councillor Leonard O' Leary Certified Mail #P268 692 039 APPLICATION f;DULT NUMBER Trial Court of Massachusetts I FOR COMPLAINT [IJUVENILE District Court Department ❑ ARREST } u G L SUMMONS WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within named defendant, charging said defendant with the offense(s) listed below. Salem District Court DAT OF APPLIC TION DATE OF OFFENSE PLACE OF OFFENSE 65 Washington Street �y � ? 7 Salem, MA. 01970 NA FCO LAI NT L NO. OFFENSE G.L. Ch. and Sea ADDRESS IP CODE OF COMPLAINANT 2. NAME,ADDRESS ANDZIP CODE SOF DEFENDANT <. COURT USE A hearing upon this complaint application DATE OFHEARING TIME OF HEARING COURT USE ONLY- --* will be held at the above court address on f AT *—ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED I�,NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted.etc. destroyed,etc. $250. Marijuana,gun,etc. 1 2 3 4 OTHER MARKS: x c� SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACEOFBIRTH SOCIALSECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR ii OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDENI FATHER'S NAME COURT USE ONLY DATE DISPOSITION AUTHORIZED BY NO PROCESS TO ISSUE _ At request of complainant Complainant failed to prosecute Insufficient evidence having been presented PROCESS TO ISSUE TYPE OF PROCESS -. Sufficient evidence presented Warrant I Defendant failed to appear - Summons returnable Continued to COMMENTS I I OC-CR2 131881 DATE OF PERMIT ( PERMIT No. ` OWNte LOCATION 1/ 18/ 1939 I 23 I John Flynn & Sons I 79-92 Bestmn Street B-2 'J III STRUCTURE MATERIAL DIMENSIONS Na.OF STORIES 4 No.OF FAMILIES I WARD 1 COST FACTORY I 4 BUILDER "COPIED ALL INFO FROM ORIGINAL CARD II/2/87" 7/24/41 11379 544X24' addition to factory $5,000.-7/21/41 Foundation for bldg. $870. 9/ 13/41 11433 two story brick runway $1,000. 8/9/46 # 138 -7/24/41 11379-3/ 11/41 1171 11/9/46 11575 one story 42'X55' addition $9,000. 9/ 11/47 11583 36'X5] '8" addition $26,000. 12/ 1/52 11444 passageway over existing bldg, to connect bldgs. $2,500. 3/ 12/53 1163 Roof over partition yard area - brick wall $ 10,500. 11/2/62 11392 Erect one story addition 51 'X55' to leather factory for office $25,000. 9/ 15/76 11394 Demolish part of factory 10/ 15/76 11462 Rebuild office bldg. damaged by fire 10/21/76 11469 Temporary enclosure for protection of equipment 12/ 17/76 11554 Erect concrete retaining wall 4/7/77 11118 Retaining wall, reinforced concrete & steel. 4/21/77 11133 Construct 16'X25' enclosed loading ramp, block wall wood frame roof 10/ 12/78 #430 Rebuild tannery Approved by BOARD OF APPEALS 9/ 12/78 Z 6/8/79 12.06 Build storage shed. 4/29/80 CERTIFICATE OF OCCUPANCY ISSUED /'T`L 7 curb of A"eal - �',irA:.Via/ SEPTEMBER 12, 1978 DECISION ON PETITION SUBNUT'IED BY JOIN FLYNNI $ SONS, INC. O9AP'NILoo 4.14 '79 PROPERTY LOCATED AT 80 BOSTON STREET AND 15 GOOLTIDE S51RFELr (INDUSTRIAL DISTRICT) CITY CLE:`>< tt.Ed;,MhSS A hearing on this petition was held on September 12, 1978. Notices were mailed postpaid to the Petitioners, abutters and others and the notice of hearing was duly advertised in the Salem Evening News on August 25, and September 1, 1978 in accordance with Mass. General Laws, Chapter 808. The following members of the Board were present for the hearing: Jane T. Lundregan, Donald Fames, Arthur Labrecque and James Boulger. Mr. John Keenan represented the Petitioners before the Board. The Petitioner is seeking a variance on the setback requirements in order to construct two new buildings to replace the five story building that was destroyed by fire. They wish to replace the building with another building containing a cellar and one story at the Boston St. location and at 15 Goodhue St. they wish to take down the temporary structure and replace it %wi.th a permanent structure. The Petitioner noted that the existing condition on Boston St. is a hazard and that the new building would be an attractive addition to the area. The Petitioners are in need of production space and could increase employment in the neighborhood by 50/600. _ The Pet.ii_ti.oners need a variance from the density requirements and setback requirements of 30 ft. The Board voted unanimously to grant the variances requested. The Board noted that the Petitioner has been in business in Salem for a number of years and has a good reputa- tion. The Board found that the denial of the variances would cause substantial hardship, to the Petitioner and to the business. The Board found that location of the business is an asset to the City of Salem and would in no way be detrimental to the surrounding neighborhood. The Board voted to grant the variances requested in accordance with the plans submitted. VARIANCES GRANTED FOR 80 Boston St. and 15 Goodhue Street. - :FY]C!Y]fYYX%XY RY APPEAL FROM THIS DECISION, I.F ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF 'DIE MASS. GENERAL LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN 20 DAPS AFI'ER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. PURSUANT TO MASS. GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE .OR SPECIAL PEP.MIT GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPT' OF TIIE DECISION, BEARING CERTIFICATION OF TIME CITY CLERK 7I-1AT 20 DAYS HAVE ELAPSED ANTI) NO APP EAL HAS BEEN FILED, OR THAT, IF SUCH AN APPEAL HAS BEEN FILED, TIIAT IS HAS BEEN DISNIISSED OR DENIED IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF 'DIE OtVNER OF RECORD OR IS RECORDED AND NOTED ON 'IIF, 0 TNIER'S CERTIFICATE OF TITLE. A COPY OF 'II-IIS DECISION HAS BEEN FILED WITH THE PLANNING BOAR?) MD 'DIE CITY CLERK. Jane-T.. Lundregan Secretary