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8 CHERRY STREET - BUILDING JACKET 8 CHERRY STREET 3 CITY OF SALEM ' ' ', ' , 0MONrH OAY f VEAR TIME CONrgOL NO. 9 Id / vi7 :3v off ? LOCPTION -tD NAME OF OFFENDER. I . AooHESS ��, 6l I.hereby acknowledge receipt of the foregoing citation - X Date: •.[ )Unable to obtain signature of offender [ )Date Mailed I ]Posting Advertisements,Notices on City Property SCO 4-2 '(]Illegal Signs - I ]Violation of State Building Code SCD 4-39 and 4.47 SCO 12.1 `[:]Removal of Unsightly Conditions I ]Violation of BOCA Nat.Fire Prev.Code :f SCO 12-56 SCO 20-111 {]Keeping of Trailers,Comm.and Rec.Vehicles,etc. SCO 24-21.1 7 []Removal of SnoMca from Sidewalks SCO 38-13 and 38-14 Zoning Ordinance SZO§ .j[]Other Citatio Signature of Enforcing Person Department _.Amount of Fine: [ ]Warning [ ]$25.00 [ 1$50.00 - [ ]$100.00 [ ]$200.00 $300.00 [ ]Other You have the following alternatives in this matter within 21 days of the date`of, this notice: .I ]choose to pay the fine within 21 days of the date of this notice. - Enclose a check or money order payable to the City of Salem and return 8 in this envelope or by delivering in hand to the City Clerk's Office,City Hall,93 Washington Street,Salem; MA 01970.If delivering in hand,please note the hours at City Hall operation;Monday through Wednesday from 8:00 a.m.to 4:00 p.m.,Thursday from 8:00 a.m.to 7:00 p.m.and. Friday from 8:00 a.m.to 12:00 p.m. [ )choose to contest this matter within 21 days of the date of this notice and request in writing . a noncriminal hearing. Enclose a copy of this citation and mail it to the Clerk Magistrate,Salem District Court,65 7 Washington Street,Salem,MA 01970.The Court will schedule a hearing. 'FAILURE TO OBEY THIS NOTICE WITHIN 21 DAYS OF THE DATE OF THIS NOTICE WILL !:RESULT IN THE CIN OF SALEM APPLYING FOR THE ISSUANCE OF A CRIMINALa: COMPLAINT AGAINST YOU AND THE DENIAL OR REVOCATION OF ANY CITY OF 'SALEM PERMITS OR LICENSES YOU APPLY FOR OR THAT YOU HAVE BEEN GRANTED, INCLUDING BUILDING PERMITS. - City of Salem,City Clerk's Office,93 Washington Street,Salem,MA 01970 ' (978)745-9595,eat.5610. . SEE OTHER SIDE FOR FURTHER INSTRUCTIONS. ENCLOSE PAYMENT IN THIS ENVELOPE,PEEL AND SEAL . DHESIVE,,REMOVE LINER 'JvH3Nll 3AOIN3H'3AIS3HOV 3SOdX3 Ol TO J 13NI1 3AOINEN 3AIS3HOV 3SOdX3 01 TO EXPOSE ADHESIVE,REMOVE LI) CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR TEL: 978-745-9595 FAX: 978-740-9846 HIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER September 1, 2017 8-10 Cherry Street Realty Trust 24 Prince Street Beverly Ma 01915 Re: zoning violation 8-10 Cherry Street Mr. Carnevale, This department has received numerous complaints regarding a mechanic working out of the rear garages at 8-10 Cherry street. We were able to confirm this violation with a recent site visit. Your property is located in a residential district which does not allow automotive repair shops. You are directed to cease this activity immediately. Failure to comply will result in Municipal Code tickets up to $300.00 per day and further enforcement actions. If you have any questions Please contact me directly. If Steve Cummings Assistant Building inspector CITY'OF SALEM' OYEA9 THAIE CONTROL NO. LOCATION NAME OF OFFENCEn ( T alti i tir E ADDFESS STATE ZIP Z'g Ruud S't A G19j_ ' I hereby acknowledge receipt of the foregoing citation e X Date: [ ]Unable to obtain signature of offender Xpate Mailed -- f I Posting Advertisements,Notices on CM Property BCD 4-2 [ ]Illegal Signs [ ]Violation of State Building Code BCD 4-39 and 4-47 S0012-1 — [ 1.Removal ofUnsightly Conditions [']-Violation of BOCA Nat.Fire Pow..Code _Q SCO 12-56 SCO 20-111 [ J Keeping of Trailers,Comm.and Rec.Vehicles,etc. S0024-211 1j [ ]Removal of Snow/Ice from Sidewalks ,� SCO 38-13 and 38-14 Wmianing Ordinance r t5ZO§ .[]Other Citati -� Signature of Enforcing Perso Department • Amount of Fine: [ ]Warning [ ]$25.00 ( $50.00 [ ]$100.00 [ ]$200.00 [ ]$300.00 "]other You have the following alternatives in this matter within 21 days of the date of this notice: I J choose to pay the fine within 21 days of the date of this notice. Enclose a check or money order payable to the City of Salem and return it in this envelope or by delivering in hand to the City Clerk's Office,City Hall,93 Washington Street,Salem,.. MA 01970. If delivering in hand,please note the hours of City Hall operation;Monday through Wednesday from 800 a.m.to 4:00 purl Thursday from 8:00 a.m.to 7:00 p.m.and Friday from 8:00 a.m.to 12:00 p.m. [ ]choose to contest this matter within 21 days of the date of this notice and request in writing a noncriminal hearing. Enclose a copy of this citation and mail it to the Clerk Magistrate;Salem District Court,65 Washington Street,Salem,MA 01970.The Court will schedule a hearing. FAILURE TO OBEY THIS NOTICE WITHIN 21 DAYS OF THE DATE OF THIS NOTICE WILL RESULT IN THE CITY OF SALEM APPLYING FOR THE ISSUANCE OF A CRIMINAL COMPLAINT AGAINST YOU AND THE DENIAL OR REVOCATION OF ANY CITY OF SALEM PERMITS OR LICENSES YOU APPLY FOR OR THAT YOU HAVE BEEN GRANTED, INCLUDING BUILDING PERMITS. City of Salem,City Clerk's Office,93 Washington Street,Salem,MA 01970 (978)745-9595,ext.5610. SEE OTHER SIDE FOR FURTHER INSTRUCTIONS ENCLOSE PAYMENT IN THIS ENVELOPE,PEEL AND SEAL CITY'=OF SALEM- �, � ' � ',•f r tAp 4 YEAe TIME'S L iocanare /} ,�fJ�/^ M4 OFOFFENOEfl �^ Above STATE 2iR I hereby acknowledge receipt of the foregoing citation r -- X Date: [ I Unable to obtain signature of offender Aab Mailed' 6 fLL [ I Pus014 zAdvertisements,Notices on City Properly - .([teegaiSigns I I Violation of state BuildingCade SC04.39and4-47 SCO12-1 -I],Removal of Unsightly Conditions t[]-Violation of BOCA Nat,Fire Prov.Code SCC`12-56 - SCO 2411/ [ I Keeping of Trailers,Comm,and Res.Vehicles,etc. - ! SCO24-21A [I Removal of Snevvice from Sidewalks ySCO 38-13 and 38-14 Y"2oning ONimnce iSZO$ ... Signature of Enforcing Per h bopedmenC _ Amount of Fine: [ ]Warning [ ]$25.00 ($50.00 k)$100.00 [ ]$200.00 [ ]$300.00 Other t You have the following alternatives in this matter within 21 days of the date of this notice: , I ]"choose to Day the fine within 27 days of'e date of this notice. _r Enclose a check or money order payable to the City of Salem and return it in this envelope or by delivering in ham}to the City Clerk's Office.City Hall;93 Washington Street,Salem,.: MA 01970.It delivering In hand,please note the hours of.City Hall operation;Monday through Wednesday from 8:00 a.m.to 4:00 p.m.,Thursday from 8:00 a.m.to 7'.00 p.m.and Friday trom 8:00 a.m.to 12 00 p.m. [ J choose to contest this matter within 21 days of the date of this notice and request in writing, a noncriminal hearing. Enclose a copy of this citation and mail it to the Clerk Magistrate;Salem District Court,65 Washington Street,Salem,MA 01970,The Court will schedule a hearing. FAILURE TO OBEY THIS NOTICE WITHIN 21 DAYS OF THE DATE OF THIS NOTICE WILL RESULT IN THE CITY OF SALEM APPLYING FOR THE ISSUANCE OFA CRIMINAL COMPLAINT AGAINST YOU AND THE DENIAL OR REVOCATION OF ANY CITY OF, SALEM PERMITS OR LICENSESYOU APPLY FOR OR THAT YOU HAVE BEEN GRANTED,- ' INCLUDING BUILDING PERMITS. ' City of Salem,City Clerk's Office,93 Washington Street,Salem,MA 01970 (978)7459595,ext.5610. SEE OTHER SIDE FOR FURTHER INSTRUCTIONS, ENCLOSE PAYMENT IN THIS ENVELOPE,PEEL'AND SEAL r CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT '= ff fII 120 WASHINGTON STREET,3"D FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THomAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING MaUSSIONER April 30, 2013 8-10 Cherry Street Salem Realty Trust 24 Prince Street Beverly Ma 01915 Re: zoning violation 8-10 Cherry Street Mr. Carnevale, This Department has received numerous complaints regarding a mechanic working out of the rear garages at 8-10 Cherry street. We were able to confirm this violation with a recent site visit. Your property is located in a residential district which does not allow automotive repair shops. You are directed to cease this activity immediately. Failure to comply will result in Municipal code tickets up to $300 per day and further enforcement actions. If you have any questions, please contact me directly Thomas t.Pierre 64, Building Commissioner/Director of Inspectional Services CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3" FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THODLA s ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER December 19, 2016 8-10 Cherry Street Salem L.L.C. 44 Prince Street Beverly Ma. 01915 Re : Fire on 12/19/16 Dear Mr. Carnevale, The Salem Fire Department responded to a fire in the garages located in the rear of 8-10 Cherry Street. The Fire was extinguished but the building has sustained structural damage including holes in the roof and more notably, the cement block posts between the doors are failing . The building needs to be assessed by a qualified individual and permits need to be secured to either shore up or remove the building. The building needs to be boarded up immediately until such time as a decision is made and no occupancy is allowed in the building. If you have any questions, please speak with me directly. Thos St.Pierre T<inj'. k CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3m FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER NOTICE OF CITY ORDINANCE CITY OF SALEM SALEM CITY ORDINANCE Citation: 937 ���oNnrTRQ Date: Time: 4yr ja 01/28/2015 :] Location: 7 8-10 CHERRY STREET !A� d 'SILT/ Badge Number: %�[—--- Officer: -Officer: MICHAEL LUTRZYKOWSKI, BUILDING Fine:01/28/2015 $ 75 . 00 Violation: 11 OTHER CITATION 38-12 WINDROW Payments : Other: $ -75 . 00 Docket : Verdict : TOTAL DUE: 04/07/2015 $ 0.00 ABATEMENT RECEIPT CITY OF SALEM MA-037-CO-2015-00-937 CITY OF SALEM PARKING CLERK 04/07/2015 sox 203 D, MI MILFORD,MA 01757 TOTAL DUE : 0 . 00 (508)473-9660 ABATEMENT INFORMATION 04/07/2015 $75.00 58 JEFFERSON &SONS AVENUE N GDISMISSED IN COURT SALEM,MA 01970-0000 CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3n11 FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMMERLEY'DRISCOLL MAYOR. *1Y-IOMAS STYIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING wNwiSSIONER April 30, 2013 8-10 Cherry Street Salem Realty Trust 24 Prince Street Beverly Ma 01915 Re; zoning violation 8-I0 Cherry Street Mr. Carnevale, This Department has received numerous complaints regarding a mechanic working out of the rear garages at 8-10 Cherry street. We were able to confirm this violation with a recent site visit. Your property is located in a residential district which does not allow automotive repair shops. Yo'V1 are directed to cease this activity immediately.Failure to comply will result in Municipal code tickets up to $300 per day and further enforcement actions. If you have any questions, please contact me directly Thomas t.Pierre .741. Building Commissioner/Director of Inspectional Services (�ltp of bale 1Y, ;ffid'q2;dLbUS.wt2; CITY OF SALEM. MA 39nara of appeal CLERK'S pFFICE 2001 MAY -8 P 3: 02 DECISION OF THE PETITION OF C &G REALTY LLC/CHERRY ST. REALTY ASSOCIATES REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8 & 10 CHERRY STREET AND 12- 14 CHERRY STREET R2 A hearing on this petition was held April 25, 2001 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne. Stephen Suczko, Stephen Harris and James Hacker. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioner is requesting Variances from density and building per lot to subdivide land and a Variance to allow commercial use for the property located at 8-10 Cherry Street and 12-14 Cherry Street. 1 The Variances,which have been requested, may be granted upon a finding by this Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structure involve. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district of the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. Petitioner owns adjacent properties on Cherry Street. in his petition petitioner seeks to subdivide these properties to create a new lot and to construct a new building on the rear portion of the property, with frontage on Florence St. 2. Existing residential properties on the Cherry St. lots would not be altered. However, the creation of the new lot increases certain nonconforming features of the existing properties. With respect to the 12-14 Cherry St. property, petitioner seeks these variances: total areal 2,347 sf, lot area per unit 1543 sf, frontage 66.37 ft, front setback 6.69 ft., side setback 4.67 and rear yard setback 17.91 ft, height of building 3 DECISION OF THE PETITION OF C &G REALTY LLC/CHERRY ST. REALTY ASSOC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8-10 CHERRY STREET AND 12-14 CHERRY STREET R-2. DECISION OF THE PETITION OF C & G REALTY LLC/CHERRY ST. REALTY ASSOC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8-10 CHERRY STREET AND 12-14 CHERRY STREET R-2. page two ------ stories. __.stories. In addition, petitioner seeks a variance to allow two principal buildings on one lot. 3. As to the property at 8-10 Cherry St, petitioner seeks variances from area to 12,171 sf, lot area of 1,520 per unit,frontage 64.88 ft, front 7.59, side 8.08 and rear yard setback 15.50 requirements and from building height to 3 stories. 4. Cn the proposed new lot petitioner seeks a variance to construct a 3900 sf building in which to house an office and warehouse for a construction company. Petitioner seeks a variance for the proposed use, and also for lot area and rear yard setback requirements. The proposed building would conform to the ordinance's requirements in all other respects. 5. Through his Attorney George Atkins 111, petitioner conferred with abutters and neighbors regarding his proposal, which was initially brought before petitioner's request until the April meeting. 6. Several neighbors expressed strongly held concerns about the current condition of the lot, which is wooded and has become trash filled and derelict. In the interest of allowing the proposed improvements to take place, these neighbors offered conditional support for the petition, provided that the petitioner would undertake to fence off the residential areas from the proposed commercial lot, and provided that a landscaped buffer would be created and maintained, on their properties and on petitioner's,to create a visual and auditory screen between the neighbors.and the proposed business. To this end, neighbors created a four-page Plan of Conditions setting forth conditions under which they would grant their approval of the proposed petition, and they drew up a Landscaping Plan, dated 4/23101, setting forth the type and location of plantings that would form a landscape buffer between the residential and commercial portions of the properties. Petitioner reviewed the Plan of Conditions and the Landscape Plan prior to attending the meeting of the Zoning Board of Appeal, and agreed to accept each of the conditions set forth in these documents,which are incorporated by reference as if fully set forth herein as part of the Board's decision in this case. 7. Among the neighbors who spoke at these meeting were Vincent Higgins of 20 Cedar St. and his daughter Michelle McNaught Higgins, Ann Marie Sobotka of 44 Cedar St., Greg Booth of 15 Porter St., Patrick Higgins, Tish O'Brian of 21 Cedar St., Louise Robinson of 24 Cedar St, and Nestor Grullon of 14 Porter Street. On the basis of the above findings of fact, and on, the evidence presented at the hearing, the Zoning Board of Appeal concludes as follows 1. Special conditions exist which especially affect the subject property but not the district in general i I DECISION OF THE PETITION OF C & G REALTY LLC/CHERRY ST. REALTY ASSOC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8-10 CHERRY ST. AND 12-14 CHERRY STREET R-2 page three 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner. 3. Desirable relief can be granted without substantial detriment to the public good and Without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 5-0, to grant the Variances requested, subject to the following conditions; 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. 3. All construction shall be done as per the plans and dimensions submitted. 4. Petitioner shall obtain a building permit prior to beginning any construction. 5. A Certificate of Occupancy shall be obtained. 6. Exterior finishes of the new construction shall be in harmony with the existing construction. 7. Petitioner is to obtain approval from any City Boards or Commission having jurisdiction including, but not limited to, the Planning Board. 8. Petitioner shall install landscape buffer area on his own property and that of abutters, as specified in the attached Landscape Plan, dated 4/25/01. 9. Petitioner shall install landscape buffer as specified in the attached Plan of Conditions submitted 4/25/01. Variance Granted April 25, 2001 Nina Cohen, Chairman Board of Appeal DECISION OF THE PETITION C & G REALTY LLC/CHERRY S. REALTY ASSOC. REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 8-10 CHERRY ST. AND 12-14 CHERRY STREET R-2 page four A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11.The Variance or Special .Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal �0"t thV5 JV ►n I RE: PETITION OF C & G REALITY LLC/CHERRY STREET REALTY ASSOCIATi :3 LLC REQUESTING VARIANCES TO CREATE A THIRD PARCEL ON FLORENc_= STREET _ CO Di�j 1TIONS Conditions During Construction -20 Cedar Street— E:asting chain link fence to remain. The 6' high cedar stockade fent,i will be placed on#16 Cherry Street (Mufti family dwelling) property. -24 and 36 Cedar Street — Existing chain link fence is to be removed and replaced wi? i the 6' high cedar stockade fence. -20, 24 and 36 Cedar Street—The posts of the cedar,stockade fence are to be placed facing #16 Cheny Street (the multi family dwelling) and the proposed oommema, i building. The architectural side of the fence is to face 20, 24 and 36 Cedar Street. -24 Cedar Street—Existing hedge to remain. -The 6' cedar stockade fence is to have the following shape on the top of the fence: -Cedar stockade fence is to be placed in stable soil..This will require the hinge of ti a- existing slope to be reworked. -15 Porter Street—The stockade fence needs to be added (if not there already) from 11 i+ comer of the 6 bay garages to the house at 15 Porter Street. Hydroseed mix to be determined. Mix should be used to attempt to stabilize #u: existing and proposed slopes. Aii proposed trees are to be mature, 10' tall trees. All shrubs are to be mature shrubs. =Final placement of all trees, shrubs and mulch lines are to be verified with the proper,�t owners of 20, 24 and 36 Cedar Street. 4-09-2001 9:53AM FRUM Vt 2 -Order of work— i. 6' cedar stockade fence is to be installed prior to start of work on it e proposed building. 2. Trees, shrubs and mulch are to be installed within the fenced in yards of 2,), 24 and 36 Cedar Street. 3. As soon as the slopes at 24 and 36 Cedar Street have been regraded Ike slope is to be hydroseeded within 7 days. - Clean up— 7. Debris, waste material and scrap shall be removed by the Contractor from :i+), 24 and 36 Cedar Street on a daily basis. 2: Upon completion of the work at 20, 24 and 36 Cedar Street the Contrac-�(sr shall remove all equipment, rubbish and waste material in the area that It,;.s been worked and shall leave the premises and the work performed all in nc;4 and proper condition. - Hours of operation 1. Work is restricted at 20, 24 and 36 Cedar Street to the hours of 5:00 am to 5:00 pm, Monday to Friday. 2. No work shall be done on Saturdays, Sundays or Holidays. 3. At the end of each working day (including prior to the weekend),the contract:ir shall ensure that the properties have a working fence line even if a temponi i y fence needs to be installed. - Dust Control 1. The Contractor shall maintain a systematic method of dust control at all tirn,,s during Construction. - Pre Construction Meeting 1. The Contractor shall set up and attend with the property owners of 20, 24 ai i i 36 Cedar Streets a pre construction meeting. 2.. The meeting is Ao include a site walk and address start dates of constructiov, schedule layout areas and.all issues regarding construction. 3. The meeting shall be heli no less than 1 week prior to start of any construction, delivery or storage of "materials or equipment, or any work o i site. - Plantings at 20, 24 and 36 Cedar Street 1. Ali plants provided and installed shall be individually tagged prior to digging. 2. Property owners at 20, 24 and 36 Cedar Street to inspect trees and shruil i before they are installed on their. property. If the property owner(s) iaf - dissatisfied with the condition of the planting(s) the Contractor shall repiao? the tree(s) and shrub(s) in question immediately. 3 3. All trees and shrubs shall be planted within 5 days of arrival on site or shill not be used. 4. Container grown shrubs stored on site shall be shaded from direct sunlight at all times and shall not,be stored on paved surfaces. 5. Plant pits shall be excavated according to industry standards. 6. Planting soil mix shall be provided'. 7. Loosen the perimeter roots on the rootball of all container plants prior .o planting, 8. Remove plants from their containers immediately before planting. S. Handle plants carefully to prevent damaging roots. 10. Place each plant in an individual hole and firm the loam around the mots. 11. Water thoroughly and mulch. 12. Fertilizer tablets should be added after the plant has been placed in the hok. 13. All plants shall be watered immediately following planting. 14. Contractor to maintain all new plantings for 60 days following the compleli;n of all plantings on the individual properties of 20, 24 and 36 Cedar Stme t Maintenance of the new plantings will consist of keeping the plants in a healthy growing condition. This is to include watering and anything else necessary to keep the plants healthy. 15. The contractor shall remove plants that die during the 60-day maintenance period within one week of receiving notification from the property owitur during the growing season. 16. All trees and shrubs at 20, 24 and 36 Cedar Street shall be warranted by tie Contractor for a period of 1 year. Plants found to be unacceptable by t,e property owners of 20, 24, and 36 Cedar Street shall be promptly removed from the site and replaced immediately if during the growing season or duri g the next normal growing season. Reference and attach plan indicating agreed upon items. Number of planting - The construction conditions must reference the agreed upon site plan including We date. 4 Permanent Conditions -Tree Damage on Developer's property 1. Any of the trees, that are proposed or are to remain located on tine developers properties: a. Which become damaged must have corrective maintenant:e action taken immediately. I b. Broken limbs shall be pruned according to industry standards. c. "frees that are damaged irreparably must be replaced by flee Contractor with mature trees of the same type or similar which are at least 10' tall. The trees wilt be replaced within 30 day. 3f being notified. d. if the existing willow tree (that is to remain) located at#16 Cher-y Street is damaged irreparably the tree must be replaced with 1 mature. 10' Little Leaf Linden and 1 mature 10' Carlao4in Hemlock. e. All new trees shall' be spaced 12'-151on center. -Stockade Fence on Developers property I. Fence is to be maintained in good working condition. Repairs to the fencing will be made immediately upon notification that repairs a e necessary. This will Include but Is not limited to removing graffiti. 2. If the fence is need of replacement the fence shall be replaced with ilio same type that was agreed upon in the conditions during construction. - The permanent conditions must reference the .agreed upon site plan includii ig the date. h R FTS � K a � •` fig!, r, �._— ! gb�'ar"'r'r.,- { a ,�'�"j ,, its} • � • r,v • ii (F. y • II' ".�n d WE MIT ���%��lpi 4�/�/.�♦���r 9 Iii ��� u..1/,P! 1 t. �,� ,ye �-wC� rYBdr "-•— '1 lV(!/4rv/�P`i ®p��jaj '_ „K'�' D-y9, jti,-xy, „C _ ,en �.'`.p{'y"'f �, �f.,,, ' S • ,a..� �i� • - r`^ir'-' ° ��'R��C�F o �..-.. tr L�:..awMy, �� r � 1 • • { • «: `�✓^/, mS .r r r vmw* • .,s-n-.zr ..� "'.+.. - �. - .. L 1ETA � r ?•' rai +aE7 '.l"f .ta'�. �' tM � -eS_ 4 � J �'' / �. - '.a a -s, -^` rr ,H1"1�cc.°,�- moi`. __.,r.�.,.. � ,y (Qir"r' ,e^£ " r/,.yy). 'O. '1.�9�•� .,c. �+ ��� s"..�"`r.3,y�_.- � r'r / 1'gy y{•�c��l A'r..•�'��>i--. ♦ � ��� ���.•..F,"� .'.' 'n� > �},dx.---•i • •-- - ,4 " � �3.. � I � � 1 �U�t�<.es' cd-.^-+r-,;^pa.,.Ks..k. r----._'_ m-v ti..S •• r -'mom... �. '"'�„ 'r"�,."a9 G,���. �,. fy ar��j ��� +�@`ten". ` � . ,.• r ":,s't���r'�^` ' •�.,9.,'w ..tet i ,�. ,. • { _ _ �:• f r➢ L��� r r r " r r d L• . t r r d. vg X, W1 CITY OF SALEM BOARD OF HEALTH < Salem, Massachusetts 01970-3928 k- Rv JOANNE SCOTT;:MPH, R<CHO L:.�141 NINE NORTH STREET HEALTH&ENT >—j Tel:(978)741-1800 Fax:(978) 740-9705 `' _ August 10, 2000 _J C, G. & O Realty TnJSl David Carnevale 22 Prince Street Beverly, MA 01915-2005 Dear Mr. Carnevale : In accordance with Chapter 111, Sections 127A and 1278 of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter II Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property 8 Cherry Street#21- occupied 2Loccupied by Linda Kenney conducted Jeffrey Vaughan, Senior Sanitarian on Tuesday,August 8, 2000 at 10:00 A.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to notify tenants of lead related reports and tests, and to ensure that this unit complies fully with 105 CMR 460.000 : Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this Order. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s) to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. For the Board of Health: Reply to: ioanne Scott Jeffrey Vaughan Health Agent �� Senior Sanitarian cc: Councillor K. Driscoll,Tenant, & Plumbing Inspector Certified Mail #Z 447 277 879 JS/sjk c-h-violet a CITY OF SALEM HEALTH DEPARTMENT tpa Nine North Street �. Salem, Massachusetts 01970 Page 1 of Z State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant : Linda Kenney Phone: 825-139& Address: 8 Cherry Street Apt.# 21 Floor 2 Owner: C,G&Q Realty Trust Address: 22 Prince Street c/o David Carnevale Beverly, MA. 01915-2005 Inspection Date: Aug, 8, 2000 Time: 10:00 AM Conducted By: Jeffrey Vaughan Accompanied By- tenant Anticipated Reinspection Date: ;�i days from receipt. Specified Time Reg.#410.. Violation(S) Due to a complaint an inspection was conducted in accordance with article II State Sanitary Code, -tion the following were noted: v f L✓/.v v:. D -,74o /7_ /QVC �GLL'J �Q�L l.✓ 41,4,1 / S - klrcAev z 1 N s";v .f Gv n'�J✓ ��,,, �fS' h..., One or more of the above violations may endanger or materially impair the health safety, and well being of the occupant(s) Code Enforcement Inspector '�/,�� j�u�, Sr. Sanitarian Este es documento legal importante. Puede que afecte sus derechos. Puede adquirir una traduccion de esta forma sies necesario Ilamar al telefono 741-1800. APPENDIX H(14) Legal Remedies for Tenants of Residential Housing The following is a brief summary of some of the legal remedies tenants may use In order to get housing code violations corrected: 1. Rent Wi hholdinp(Massathuseus Genual Laws,Chapter 239,section 8A): If Code Violations Are Not Being Corrected you may be entitled to hold back your tent payments.You can do this without being evicted if: A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in- your rent. B. You did not cause the violations and they can be repaired while you continue to live in the building. ` C. You are prepared to pay any portion of the rentiiito court if a judge orders you to pay it.(For this,it is best to put the rent money aside in a safe place.) 2. Ren it and D du f(Massachusetts General Laws,Chapter 111, section 127L):The Law sometimes allows you to use your tent money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,safety,or well-being,and your landlord has received written notice of the violations; you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have thedr made)within five days after notice or to complete.rcpairs within 14 days after notice, you can use up to four months'rent in any year to make the repairs. 3. Retaliatou Rent Increases or Evictions Prohibited(Massachusetts General Laws,Chapter 186, section 18,and Chapter 239,. . section 2A):The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made the complaint,be or shewilLhavc.to-sbow.a good reason for the increase or eviction which is unrelated to your complaint. You may be able to sue the landlord for damages of he or she tries this. 4. Rent Receivershin(Massachusetts General Laws,Chapter 11,section 127 C-H):The occupants and/or the Board of Health may petition the District or Superior Court to allow rent to be paid into court rather than to the owner.The corm may then appoint a "receiver" who may spend as much of the rent money as is needed to correct the violation. The receiver is not subject to a spending Limitation of four months'rent 5. Breach of Warranty of Habi ability_: You may be entitled to sue your landlord to have all or some of your rem returned if your dwelling unit does not meet minimum standards of babitability. 6. Unfair and Decrntive Prat rs(Massachusetts General Laws.Chapter 93A): Renting an apartment with code violations is a violation of the consumer protection act and regulatious, for which you may sue an owner The information presented above is only a summary of the law. Before you decide to withhold your rent or take any other legal action, it is advisable that you consult an attorney. If you cannot afford to consult an attorney, you should contact the nearest legal services office, which is: Neighborhood Legal Services 37 Friend St- Lynn, LLynn, MA 01902 (617) 599-7730 CITY OF SALEM HEALTH DEPARTMENT tf A Nine North Street n . Salem, Massachusetts 01970 Page a of D Date: Name: Address: 1 v �e� cr�zKr Specified Time Reg.#410.. Violation(s) LOQ 7L - 1 17V No,v �� G'(//iT ltiT ii✓ /'f/,o XYZ! �5�:✓<C fHld Q - G,8 ✓�/ I QL/C TD ,ve v. iT:�,T l'se:s/< A d'%F/i. . r S'."ZcT� it..vr` ilia.., .o,..,q b(o Ci 3s nC. �Cc�+h i,•. 1..-t nOC�A.Y°ILi GLS � (✓�($<O C Page of Date: Name: Address: Specified Time Reg.#410.. Violation(s)