23 BRIGGS STREET - BUILDING JACKET � �3 CI�r-`
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June 19, 2006
From: Sharon Shea& Douglas Denholm
Residents
23 Briggs Street
Salem MA 01970
To:
DIRK RECKERMAN, ALLYSON RECKERMAN, ALLISON CONBOY 1q��
Residents, Units 1 and 2 r�LC
21 Briggs Street COPv
Salem MA 01970
Re: Access for your contractor to perform renovation work from our property
Dear Dirk, Allyson, and Allison,
We recognize that your contractor will need to work from our property (23 Briggs Street)
in order to perform needed renovation work on the side of your property (21 Briggs
Street) that abuts our property.
We do, however, wish to ensure that the work is done a safe and responsible manner in
accordance with all applicable State and local laws and regulations. We also wish to
ensure that we do not incur any financial risk as a result of your contractor working on
our property.
We therefore request that you CEASE &DESIST from having your contractor enter onto
our property or do any work from our property until the following conditions are met.
Required Conditions
1) The contractor must provide verifiable proof of liability insurance.
2) The contractor must provide a verifiable Home Improvement Contractor
registration number which he is required to have by Massachusetts State law.
3) Both the contractor and all employees or subcontractors must provide verifiable
evidence of Workers' Compensation coverage.
4) The Residents of 21 Briggs Street will promise in writing to indemnify and hold
harmless the Residents of 23 Briggs Street from any and all costs that might result
from an injury to the contractor, his employees, and/or subcontractors while
working from our property.
5) The contractor must perform his work in accordance with all Massachusetts State
Laws and Regulations, including, but not limited to those, of the Massachusetts
Department of Occupational Safety, and the Massachusetts Department of
Environmental Protection.
6) If a State Agency finds that hazardous waste cleanup is required for our property
due to the actions of the contractor, the Residents of 21 Briggs Street will agree in
writing to bear the full cost of said cleanup.
7) The Residents will agree, in writing, that they accept financial responsibility for
any damage done to the property at 23 Briggs Street by the contractor, including
but not limited to plants, ground cover, structure, or fences.
8) The contractor will acknowledge, in writing, that he has read and will comply
with the 454 CMR 22.11 Work Practices and Other Requirements for Renovation
Work provided to him by a representative of the Massachusetts Department of
Occupational Safety.
9) The contractor will provide, for our approval, a written plan describing the work
he will perform from 23 Briggs Street and what steps he will take to ensure that
all paint flakes and debris are properly contained and disposed of in accordance
with the relevant Massachusetts DOS and DEP regulations.
10)The contractor and the Residents of 23 Briggs will reach a mutual agreement for
scheduling when the contractor will perform work from 23 Briggs Street.
11)The contractor will agree, in writing, to refrain from entering into 23 Briggs
Street when the Residents of 23 Briggs Street are not present to monitor his
activities. Since we work out of our house and are generally home, this should not
interfere with the work progress.
12)The contractor will agree that all work from 23 Briggs Street will be completed
within a 30 day period and that no work will be done on the weekends.
13)The contractor will agree that the work performed from 23 Briggs Street will be
completed as quickly as possible while still following proper and safe work
practices. Once initiated, work will continue every day except for weekends and
days of bad weather.
If you are willing to meet these reasonable conditions, please let us know so that we can
prepare the necessary documents for signature by you and your contractor.
If you are unwilling to meeting these reasonable conditions, we will continue to oppose
access by your contractor to our prIDglas
ev ry means at our disposal.
Sharon Shea Denholm
Resident, 23 Briggs St. Resident, 23 Briggs St.
cc: Joseph Barbeau, Assistant Building Inspector, City of Salem
Thomas St. Pierre, Building Commissioner, City of Salem
1ue /6 t
Sharon Shea // f �� � ��✓' —
23 Briggs Street / R
Salem, MA 01970
978-740-5940 ✓'`
sshea@salemdesign.com
Hello,
Our neighbors at 21 Briggs Street have been having some work done on the exterior of
their house. The front part of the house was done last year in the summer of '05 and
included (I believe),the siding and window,repair and replacement,and painting.
This year they plan to do the side of their house abutting our property. We do understand
that they have a right to do repairs on their home and will need a contractor to access
these repairs by being on our property. Our feeling is that both parties (our neighbors in
the 2 condo home at 21 Briggs and ourselves) should be a considerate as possible.
However,we have some concerns:
- During last year's repairs and what is planned for this year,the 2 resident
couples of 21 Briggs Street have not had the siding,windows,or other
exterior parts of the repair process tested for lead.
- We have had a couple of conversations with the contractor that they are using,
and at various times,power washing,and sanding of surfaces has been
mentioned. We feel that any work on the house exterior has the potential for
creating paint chips or dust, lead contaminated or otherwise. Some of the
exterior siding has pealing latex paint, but we feel there could be an issue with
lead in the wood siding from previous paint jobs in the past.
- There has been no clear indication of how the debris from this work will be
contained. There has been mention that it will be cleaned up, but we do not
feel that dust and paint chips can be cleaned up effectively after the fact,and
we would like a system that fully contains the debris as it is created, so that it
is not and issue that becomes debatable about whether it has been fully and
effectively "cleaned up." We understand that there are scaffolding systems
that fully contain any debris created within the covering or containment
wrapping of the scaffolding,and that is what we would be comfortable with.
- We would like to know that wherever there is a lead paint,that a certified .
person is in charge of its proper removal.
Our household:
Our household consists of 2 adults, grandchildren that visit regularly (5 years,
2 1/2 years,7 months,and 2 months).The 7 months old grandchild is here 2
full days each week,and is accustomed to access to play in our backyard. We
also have 3 cats and a parrot,which also access the back yard.
Our concerns for our household are lead contamination and lack of access to
the outdoors/containment for a long period,that would be a problem to control
with our cats, and in general would not be good for them for an extended
period of time.
Current status:
- Although we have not mentioned the possibility of filing a `cease and desist
order' to our neighbors so that we can be assured of at least some proper
permits,our neighbors have informed us that they plan to file a "MGL
Chapter 266 S120B to access our property through yours for a period
of thirty days" — as we have been informed by one of the 21 Briggs
Street residents, Alison Conboy
- We feel that not only do the 21 Street residents need access to repair and
upkeep their home,but that the impact on our property and residents should be
considered and accommodated as much as possible also.
- We understand that in filing a MGL Chapter 266 S12013,there must be a
deposit of$1,000 to cover damages. However, we feel that this law is vague
and perhaps quite outdated. It mentions an owner's right to access, but does
not mention contractors or sub-contractors. Safety regulations and their impact
are not mentioned. $1,000 does not begin to cover the issues at hand
(including workmen's compensation),and we would certainly rather have all
issues resolved agreeably rather than result in after the fact consequences that
could involved a cost far greater than the deposit.
Timing:
The 21 Briggs Street residents began work on their home in the summer of
'05. At no time have they talked to us about the timing of the repairs that will
require access to our very small outdoor area and how it might least impact us.
I have read (what I assume) are the basics of Chapter 266 S12013,and
although it mentions allowable access to our property for 30 days, we have no
idea who exactly this covers who can access,if safety (lead) is an issue of
consideration,if we have any say about how repairs are conducted for the
least impact on us, including the timing.
- Does the Chapter 266 S 120 allow the neighbors to have access at any time
of their choosing,or do we due any consideration as to timing of that access
under the law?
- Does the Chapter 266 S 120B law allow access for repairs at the daily
discretion of the neighbors,or is there anything that would require that the
work be expedited within a reasonable timeframe to do the work?
- Can Chapter 266 S 120 be extended if the work is not completed within the
allowed timeframe?
What person(s) can we talk in Salem who has authority in this (or these) areas, so that
that we can get this matter settle amicably for both the 21 Briggs Street residents,and
ourselves at 23 Briggs Street?
June 19, 2006
From: Sharon Shea &Douglas Denholm
Residents
23 Briggs Street
Salem MA 01970
To:
DIRK RECKERMAN, ALLYSON RECKERMAN, ALLISON CONBOY
Residents, Units I and 2
21 Briggs Street
Salem MA 01970
Re: Access for your contractor to perform renovation work from our property
Dear Dirk, Allyson, and Allison,
We recognize that your contractor will need to work from our property (23 Briggs Street)
in order to perform needed renovation work on the side of your property (21 Briggs
Street) that abuts our property.
We do, however, wish to ensure that the work is done a safe and responsible manner in
accordance with all applicable State and local laws and regulations. We also wish to
ensure that we do not incur any financial risk as a result of your contractor working on
our property.
We therefore request that you CEASE &DESIST from having your contractor enter onto
our property or do any work from our property until the following conditions are met.
Required Conditions
1) The contractor must provide verifiable proof of liability insurance.
2) The contractor must provide a verifiable Home Improvement Contractor
registration number which he is required to have by Massachusetts State law.
3) Both the contractor and all employees or subcontractors must provide verifiable
evidence of Workers' Compensation coverage.
4) The Residents of 21 Briggs Street will promise in writing to indemnify and hold
harmless the Residents of 23 Briggs Street from any and all costs that might result
from an injury to the contractor, his employees, and/or subcontractors while
working from our property.
5) The contractor must perform his work in accordance with all Massachusetts State
Laws and Regulations, including, but not limited to those, of the Massachusetts
Department of Occupational Safety, and the Massachusetts Department of
Environmental Protection.
6) If a State Agency finds that hazardous waste cleanup is required for our property
due to the actions of the contractor, the Residents of 21 Briggs Street will agree in
writing to bear the full cost of said cleanup.
7) The Residents will agree, in writing, that they accept financial responsibility for
any damage done to the property at 23 Briggs Street by the contractor, including
but not limited to plants, ground cover, structure, or fences.
8) The contractor will acknowledge, in writing, that he has read and will comply
with the 454 CMR 22.11 Work Practices and Other Requirements for Renovation
Work provided to him by a representative of the Massachusetts Department of
Occupational Safety.
9) The contractor will provide, for our approval, a written plan describing the work
he will perform from 23 Briggs Street and what steps he will take to ensure that
all paint flakes and debris are properly contained and disposed of in accordance
with the relevant Massachusetts DOS and DEP regulations.
10)The contractor and the Residents of 23 Briggs will reach a mutual agreement for
scheduling when the contractor will perform work from 23 Briggs Street.
11)The contractor will agree, in writing, to refrain from entering into 23 Briggs
Street when the Residents of 23 Briggs Street are not present to monitor his
activities. Since we work out of our house and are generally home, this should not
interfere with the work progress.
12)The contractor will agree that all work from 23 Briggs Street will be completed
within a 30 day period and that no work will be done on the weekends.
13)The contractor will agree that the work performed from 23 Briggs Street will be
completed as quickly as possible while still following proper and safe work
practices. Once initiated, work will continue every day except for weekends and
days of bad weather.
If you are willing to meet these reasonable conditions, please let us know so that we can
prepare the necessary documents for signature by you and your contractor.
If you are unwilling to meeting these reasonable conditions, we will continue to oppose
access by your contractor to our proqDglas
by ever eans at our disposal.
Sharon Shea Denholm
Resident, 23 Briggs.St. Resident, 23 Briggs St.
cc: Joseph Barbeau, Assistant Building Inspector, City of Salem
Thomas St. Pierre, Building Commissioner, City of Salem
The Commonwealth of Mtissachtisetts
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