70 NORTH STREET RESPONSE TO TRASH VIOLATION LETTER BURNHAM ASSOCIATES INC. x ��
Dredging &Marine Civil Works
4/5/2021
Ms.Janet Mancini
City of Salem,Massachusetts
Board of Health
93 Washington St.,31 Floor
978-741-1800
SENT BY EMAIL AND CERTIFIED MAIL
Re: Trash Letter Violations
Ms.Mancini,
We are in receipt of your letter, "Trash Letter Violations," dated March 31 but not postmarked until April
2,2021,and sent by regular mail,regarding our property at 70 North St. This property is actively in
lawful use as a storage facility for construction equipment and spare parts owned by our company and has
been since purchase of this property in 1993.It is a Commonwealth of MA Designated Port Area.Its use
is lawful and consistent with our work as an active marine contractor,one of the last,and possibly the
last,marine contracting businesses left in Salem.Our maintenance staff regularly removes trash from the
property.But there has been an increase in trash being illegally discarded on our property over the past
year.This trash appears to be a spillover from the homeless"tent city"the City has allowed to develop
and continue on the abutting MBTA property.There has been a continual increase in tarps,mattresses,
and tents between the shore of the North River and the freight rail line.Our maintenance staff works hard
to keep ahead of this accumulating refuse,but unless this situation on the abutting property is effectively
addressed by the City,trash will continue to aggregate and spillover to our property,despite our best
efforts.While we continue to address the trash issue,this referenced notice from the City appears to be
dealing with the symptoms but not the cause.
In addition,please let us know the following in replying to this letter.
1).Why this inspection was conducted,for the first time we can recall for many years,and possibly
decades.
2)What efforts were made to.provide us with prior notice of your inspection.
3)What exactly the inspection consisted of,and who the persons were who were present during this
inspection.
4)Who from Burnham Associates,Inc.authorized the inspection.
5) What statutory or regulatory basis is claimed for the inspection.
6)Who directed that this inspection be conducted;and when and how this direction was made to do so.
7)If the City agrees the homeless encampment is generating trash and debris,please let us know what the
City is going to do to stop it.
14 Franklin Street Salem, MA 01970 Telephone (978) 745-1788 Fax(978) 741-1984
Email: info@burnhammarine.com
8)If the Citydenies the homeless encampment exists;please explain the factual.basis'for.that denial(te
encampment iswisible from our property,and we have notseen any effort by the City to-
homeless:
manage or curtail the trash and debris generated by the encampment)
In the interests of.governmental trans arene and'accountability;.we look-forward to the Ci sprompt
P Y tY` .
reply to our questions as above:
Also as above;please confirm the City is.withdrawing its"Trash Letter Violation"dated March 31,2021
If not;.we hereby appeal that Trash Letter:Violation;and consistent with the appeal.right stated in the
Letter;we demand a fair.hearing;with opportunity to cross examine witnesses;'and the right to be
represented by legal counsel before.the.Board of Health.In doing so,we are not conceding the subject
inspection,or the"Trash Letter.Violation"was authorized by law and/or was lawful,:and"we reserve the
right to raise atSy [d.all po a objections to the:inspection and. the.Trash Letter
Regads,-A` J
7
Craig Bv_ am.President
Burnham Associates, Inc.
14 Franklin St.
Salem,MA 01970