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117 DERBY STREET - BUILDING JACKET O117 Derby St. of �ttlem, Massac4usetts Publir 11rnpertg Department "=Nem Nuilbing Department (One #stem (6reen 500-745-9595 Ext. 3 B u Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 13 , 1995 J . C. & D . R. Realty Trust D . Curran & R. E. Bailey Trustee 110 Derby Street Salem, Mass . 01970 RE: Parking Lot - 117 Derby Street Dear Mr. Bailey: Thank you very much for your response to the letter dated on September 13 , 1995 regarding the above mentioned property. An inspection was conducted and found all violations corrected. This office will notify all the appropriate departments and the Ward Councillor that this situation has been brought to a satisfactory conclusion . Sincerely, �lc�' Leo E. Tremblay Inspector of Buil ing LET: scm cc : David Shea Tom Keough Councillor Ahmed, Ward 1 r C�itg of it�ttlem, malwarllusetts Public Prnpertg Department ABG +Nuilbing Department (Pne Salem Green 588-745-9595 Ext. add Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 13, 1995 J.C. & D.R. Realty Trust D. Curran & R.E. Bailey Trustee 110 Derbv Street Salem, Xass. 01970 RE: Parking Lot- 117 Derby Street Dear Mr. Bailey: Due to a complaint received through the Neighborhood Improvement Committee hot line, I conducted an inspection of the above mentioned property and found the following: A fence is considered a structure and must be maintained as such. Please do necessary repairs to the fence located at Derby Street. Please notify this department within fifteen (15) days upon receipt of this letter as to your course of action to rectify these violations. Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay Inspector of Buildings LET: scm cc: David Shea Larissa Brown Councillor Ahmed, Ward 1 Certified Mail # P 921 991 825 CITY OF SALEM NEIGHBORHOOD IMPROVEMENT TASK FORCE Jurisdiction Hist. Comm. Yes Cl No ❑ REFERRAL FORM Cogs. Comm. Yes ❑ No ❑ SRA Yes ❑ No Cl Date: Address: �2urc�fv/�/lir�� /A/GF�Z/ 7G�6/Gr� Compiaint: Complainant: Phone#: Address of Compiainant: BUILDING INSPECTOR KEVIN HARVEY FIRE PREVENTION ELECTRICAL DEPARTMENT HEALTH DEPARTMENT CITY SOLICITOR ANIMAL CONTROL SALEM HOUSING AUTHORITY PLANNING DEPARTMENT POLICE DEPARTMENT TREASURER/COLLECTOR ASSESSOR WARD COUNCILLOR DPW SHADE TREE DAN GEARY PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SHE WITHIN ONE WEEK. THANK YOU FOR YOUR ASSISTANCE. ACTION: ARTICLE • P 921 991 825 k1NE 1. J.C. & D.R. Realty Trust NUMBER D. Curran 3 R.E. Bailey Trustee 110 Derby Street Salem, Klass. 0100 t FOLD AT PERFORATION t 1 WALZ INSERT IN STANDARD#10 WINDOW ENVELOPE. s , E E LT I E I E o M A I I E R TM Po AGF POSTMARK OR DATE of RETURN SHM TO WHOM,DATE AND REST IGTEO / w RECEIPT ADDRESS OF pEWERY DEWERY O CERT FIE.FEE+RETURN RECEIPT J SERVICE >y Lr7 TOTAL POSTAGE AND FEES Z w ru NO f RU — w¢ CV SENT T7NOT FOR INTERNATIONAL MAIL LLO Q 3.C. & D.R. Realty Trust RIM a� .„, D. Curran & R.R. Bailey Trustee wLL ' 110 Derby Street 0° Salm, Hasa. 01970 wo Ll wa a J a� PS FORM 3800 - z RECEIPT FOR CERTIFIED MAIL m . wux�o�mes � ( i STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address of the article,leaving the receipt attached,and present the article at a post office service window or hand it to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified-mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends If space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. ' 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is requested,check the applicable blocks in item 1 of Form 3811. r 6. Save this receipt and present it if you make inquiry. United States Postal Service � I I I I 4L� Official Business .. - PENALTY FOR PRIVATE USE,$300 IIIIIIIIIII III III IIIIIIIIIoil III all Iall Sill III 111111 INSPECTOR OF BUILDINGS ONE SALEM GREEN SALEM MA 01970-3724 SENDER Complete items t and/or 2 for additional services. I also wish to receive the • comyrete items 3,and as A b. following services(for an extra fee): •'Print your name and address on the reverse of this form so that we can return this card to you. 1. ❑ Addressee's Address • Attach this form to the front of the mailpiece,or on the back if space does not permit. • Write'Return Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery • The Return Receipt f=ee will provide,you the signature of the person delivered to and the date of delivery. Consult postmaster for fee. 3.Article Addressed to: 4a.Article Number P 921 991 825 J. t.te. r. ,,. R.L. o.s.:. j :Ttk .. 4b.Service Type Ittl ''t"'"`'` CERTIFIED 7.Date of livery// �Y 5natu — Add ssee) 8.Addressee's Address (ONLY if requested and fee paid.) 6.Sigr}rmuy —( gent) PS Form 3811,November 1990 DOMESTIC RETURN RECEIPT of �§ttlem, Mali 1iar4usetts Public Prnpertg Department Nuilbing Department (Put dalem (5reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 13, 1995 J.C. & D.R. Realty Trust D. Curran & R.E. Bailey Trustee 110 Derby Street Salem, Mass. 01970 RE: Parking Lot- 117 Derby Street Dear Mr. Bailey: Due to a complaint received through the Neighborhood Improvement Committee hot line, I conducted an inspection of the above mentioned property and found the following: A fence is considered a structure and must be maintained as such. Please do necessary repairs to the fence located at Derby Street. Please notify this department within fifteen (15) days upon receipt of this letter as to your course of action to rectify these violations. Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay J/ Inspector of Buildings LET: scm cc: David Shea Larissa Brown Councillor Ahmed, Ward 1 Certified Mail # P 921 991 825 Titu of *alrm, massac4usEtts 3 y} l Public Prnpertq Department DeprnNe� Nuilbing Bepartmeut Mue Salem (6reen 508-745-9595 Ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer 6/12/92 J . C . &D . R. Realty Trust Mr . Bob Curran & Mr . James Bailev 110 Derby Street Salem Ma . 01970 Re : 117 Derby Street Dear Sir : Please be advised that the structure located at the above mentioned address is dangerous to life and limb and a public nuisance .As per the Massachusetts State Building Code section 123 , ( Unsafe Structures ) you are here by ordered to begin to remove this structure by twelve o ' clock noon of the day following the service of this notice . This notice is sent pursuant to Massachusetts General Law 143 section 6 . Failure to do so shall result in this office taking the proper action to demolish the building and placing a lien on the property. Sincerely Maurice Martineau Acting Inspector of Buildings cc : Ward Councillor City Solicitor g ` Titg of *atew' massarhusEtts Public Prnpertg Department °mNg� Nuilbing Department One Salem (5reen 5DD-745-9545 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer 6/12/92 Stanton W. Bigelow, City Engineer Joseph Sullivan, Fire Chief Mr. Charles Quigley 67 College Ave . Arlington , Gentlemen : I hereby appoint you a survey board to inspect thoroughly the premises at 117 Derby Street, in accordance with the provisions of Section 124 . 3 of the Massachusetts State Building Code . A written report of your findings and conclusions shall be made to this office in order that a determination may be made with the regard to the future of this structure . Sincerely �a.r4sG. 'NGlfc�w*.v Maurice Martineau Acting Inspector Of Buildings cc. City Solicitor Ward Councillor �CONUIT "v� Q TitU of *n1em, Massar4usPtts dire Bepartment 3He0quarters A��/MINe WN , 48 Eafagette Street Salem, 9Nassartlusetts 11071-3695 Joseph F. Sullivan Fire Prevention Chief Bureau 508-744-1235 Fax 508-744-3938 508-745-7777 June 12, 1992 City of Salem Mr. Maurice Martineau, Acting Inspector of Buildings One Salem Green Salem, Ma 01970 Dear Mr. Martineau: In accordance with the provisions of Section 121.3 of the Massachusetts State Building Code, I herewith submit a report of the conditions found on Friday, June 12, 1992 at the property located atjr,11-- by—Street—in -A Salem: (a) The building, an unoccupied, unused and abandoned three story, three unit dwelling is in obvious disrepair. This building is open to the weather and has experienced structural damage therefrom. Access to the basement of the building can be made easily and undetected through the opening in the rear (b) The remaining roof portion of rear porches, which were removed previously, is hanging precariously, supported by five two by six wooden supports which are bowed under excessive weight. This portion of the structure alone presents considerable hazard to public safety personnel as well as the general public. (c) This building appears to be especially unsafe in the event of fire, and also presents a substantial exposure hazard to the surrounding neighborhood. Should you require further information pertaining to this report, please contact me. k ed, 4 Robert W. Turner, Acting Fire Chief (Citt7 of �jttlrm, 4jj555tttllu5efta Ocr 13 3 oz hi 92 $3oar0 of Au{ical CITY Of SALE.;) CLERKS Of : !GE DECISION ON THE PETITION OF JC & DR REALTY—TRUST-(OWNERS) ,-,ROBERT CURRAN (PETITIONER) FOR A SPECIAL PERMIT AT 117 DERBY STREET_(B 1 )—� A hearing on this petition was held September 3C, 1992 with the following Board Memoers present: Richard Bencal, Chairman: Richard Febonio, Francis Grealish Jr. , and Stephen Touchette. 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. Petitioner is requesting a Special Permit to allow the property to used as an off street parking area. The property is owned by JC & DR Realty Trust and is lucated in a 8-1 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not he substantially more detrimental than the existing nonconforming use to the neighborhood. in more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. 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. Letters in support of the plan were submitted and read by the Board Secretary. 2. The use of this area as a parking lot would help reduce traffic congestion and enhance public safety. 3. A dilapidated building was razed at this site by the city and the use of this land for any other reason would also require action of this Board. PETITION OF JC & DR REALTY TRUST (OWNERS) , ROBERT CURRAN (PETITIONER) FOR A SPECIAL PERMIT AT 117 DERBY ST. , SALEM page two 4 . The petitioner has volunteered to let residents of the area use the lot for off street parking and by doing this is helping to relieve congestion on the adjoining streets . On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1 . The Special Permit requested 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. 2. The granting of the Special Permit requested will promote the public health, safety, convenience and welfare of the City's inhabitants and may be granted in harmony with the neighborhood. Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the Special Permit requested, subject to the following conditions: 1. Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. Petitioner shall be responsible for the planting of two trees along Derby St. The types and site to be determined by the Salem Planning Dept. 3. Neighborhood access to the lot shall be by permit only. SPECIAL PERMIT GRANTED September 30, 1992 Richard A. Bencal, Chairman Board of Appeal m LJ C3 C v�- � o� O U U J DECISION ON THE PETITION OF JC AND DR REALTY TRUST, OWNERS/ROBERT CURRAN, PETITIONER FOR A SPECIAL PERMIT AT 117 DERBY ST. , SALEM page three 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 MGL 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 MGL Chapter 40A. , Section 11, the Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it 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 g � o cv> o � or W U LAW OFFICE OF CARL D. GOODMAN 17 FRONT STREET SALEM, MASSACHUSETTS 01970 CARL D. GOODMAN (508) 745.6006 IACKIE BELF-BECKER *AI:o Admmad m c «d JACQUELINE VOSS LEES* ' July 29, 1992 n E-- r= City of Salem Building Inspector j w 1 Salem Green Salem, MA 01970 ynn rn L., G-1 Re: 117 Derby Street, Salem, Mass. v rn k - Dear Sir: c fV Previously, on July 23, 1992 , I wrote to your relative to use of the property located at 125 Derby Street, Salem, Mas- sachusetts. It has come to our attention the the address of the property we are inquiring about is 117 Derby Street, Salem, Mas- sachusetts (hereinafter the "premises") . In that regard, please be advised that the owners of 117 Derby Street, Salem, MA have paved the premises for what appears to be the purpose of using it as a parking lot. Additionally, the owners or their agents have begun, if not already finished, striping said lot for parking spaces. While we understand that the owners are entitled to pave the lot without: a special permit, it is our understanding of the Salem Zoning Ordinances §7-3 that use of the premises as a park- ing lot that is not on the same lot as the building which it is intended to serve requires a special permit. Accordingly; we request that you review the situation and issue a cease and desist order restraining the owners of the property, and any and all agents or persons acting thereunder, from using the premises as a parking lot until such time as a special permit is granted. Should you have any questions, please feel free to contact me. Very truly yours, Carl D. Goodman a:\buildins.ltr cc: Deborah Marcus and David Bystrom LAW OFFICE OF CARL D. GOODMAN 17 FRONT STREET SALEM, MASSACHUSETTS 01970 CARL D. GOODMAN (508) 745-6006 JACKIE BELF-BECKER *Also Admitted in Connecticut JACQUELINE VOSS LEES* July 23 , 1992 CO City of Salem Building Inspector rr 1 Salem Green r Salem, MA 01970 = ? ae �. Re: 125 Derby Street, Salem, Mass. Dear Sir: Please be advised that the owners of 125 Derby Street, Salem, MA (hereinafter the "premises") ` have paved the premises for what appears to be the purpose of using it as a parking lot. Additionally, the owners or• their agents have begun, if not al- ready finished, striping said lot for parking spaces. While we understand that the owners are entitled to pave the lot without a special permit, it is our understanding of the Salem Zoning Ordinances §7-3 that use of the premises as a park- ing lot that is not on the same lot as the building which it is intended to serve requires a special permit. Accordingly, we request that you review the situation and issue a cease and desist order restraining the owners of the property, and any and all agents or persons acting thereunder, from using the premises as a parking lot until such time as a special permit is granted. Should you have any questions, please feel free to contact me. Very truly yours, &a( o - 6,"_e0 Carl D. Goodman a:\buildins.ltr cc: Deborah Marcus and David Bystrom (Mg of #altm, Massar4usPtts . ¢ a Public Propertg Department Nuilbing Department (One fttm green 508-745-9595 Ext. 3B0 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer 8/11/92 J . 0 & D . R. Realty Trust Mr. Bob Curran & Mr. James Bailey 110 Derby St. Salem, Ma . 01970 Re: 117 Derby St . Dear Sir: Please be advised that the use of the above mentioned property as a parking lot is not an allowed use in a B-1 Zone . You are in violation of the City of Salem Zoning Ordinance section 5-2 , (d) . Please contact this office within seven ( 7 ) days of receipt of this notice. Failure to do so shall constitute further legal action. Sincerely *"4' . Maurice M. Martineau Acting Inspector of Buildings cc: Ward Councillor City Solicitor coes�T,� 44 v� Chi# of #41an, mttssttc4usE##s 9 y� e Nire Department 39eaiiquarters 40 Kafagette #treet #stent. fitassar4usetts 111970-3695 Joseph F. Sullivan Fire Prevention Chief. Bureau 508-744-1235 Fax 508-744-3938 508-745-7777 June 12, 1992 City of Salem Mr. Maurice Martineau, Acting Inspector of Buildings One Salem Green Salem, Ma 01970 Dear Mr. Martineau: In accordance with the provisions of Section 124.3 of the Massachusetts State Building Code, I herewith submit a report of the conditions found on Friday, June 12, 1992 at the property located at #117 Derby Street in Salem: (a) The building, an unoccupied, unused and abandoned three story, three unit dwelling is in obvious disrepair. This building is open to the weather and has experienced structural damage therefrom. Access to the basement of the building can be made easily and undetected through the opening in the rear (b) The remaining roof portion of rear porches, which were removed previously, is hanging precariously, supported by five two by six wooden supports which are bowed under excessive weight. This portion of the structure alone presents considerable hazard to public safety personnel as well as the general public. (c) This building appears to be especially unsafe in the event of fire, and also presents a substantial exposure hazard to the surrounding neighborhood. Should you require further information pertaining to this report, please contact me. ed, Robert W. Turner, Acting Fire Chief W,ON �` CITY OF SALEM \As In City Council, June 11, 1992 Mqe a'i Ordered: That the building at 117 Derby Street be condemned and the Board of Survey inspect the premises on Friday, June 12 ,. 1992 at 10 : 00 A.M. and if it is determined that this buil ina constitutes a pu is nuisance, said building be demollstled. In City Council June 11, 1992 Adopted Motion for immediate reconsideration in the hopes it would not prevail was denied Approved by the Mayor on June 12 , 1992 Public Propertq Department iguilbing Department One Bslem Orem 588-745-9595 Ext. 388 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer 6/12/92 J . C . &D . R . Realty Trust Mr . Bob Curran & Mr . James Bailey 110 Derby Street Salem Ma . 01970 Re : 117 Derby Street Dear Sir: Please be advised that the structure located at the above mentioned address is dangerous to life and limb and a public nuisance .As per the Massachusetts State Building Code section 123 , ( Unsafe Structures ) you are here by ordered to begin to remove this structure by twelve o ' clock noon of the day following the service of this notice . This notice is sent pursuant to Massachusetts General Law 143 section 6 . Failure to do so shall result in this office taking the proper action to demolish the building and placing a lien on the property. Sincerely Maurice Martineau Acting Inspector of Buildings cc: Ward Councillor Jr I City Solicitor �ur� rot e Tity of 14�ttlem, massar4usetts Public Propertq Department iluitbing Department (Pne Salem Green 560-745-9595 Ext. 300 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer 6/12/92 Stanton W. Bigelow, City Engineer Joseph Sullivan, Fire Chief Mr . Charles Quigley 67 College Ave . Arlington, Gentlemen: I hereby appoint you a survey board to inspect thoroughly the premises at 117 Derby Street , in accordance with the provisions of Section 124 . 3 of the Massachusetts State Building Code . A written report of your findings and conclusions shall be made to this office in order that a determination may be made with the regard to the future of this structure . Sincerely �1i+ukec. �4./�.u�st�aL Maurice Martineau Acting Inspector Of Buildings cc . City Solicitor Ward Councillor Q `j4nd alldh-k d "'`ox CITY OF SALEM ; a In City Council June 11, 1992 'AD ZY MIxC D Ordered: That the building at 117 Derby Street be condemned and the Board of Survey inspect the premises on Friday, June 12 , 1992 at 10 : 00 A.M. and if it is determined that this buil ing constitutes a pu is nuisance, sai ui ing e o i In City Council June 11, 1992 Adopted Motion for immediate reconsideration in the hopes it would not prevail was denied Approved by the Mayor on June 12 , 1992 AT11=: TitU of itttlrm, Massar4uaetts mai` ao Public Propertg jOepartment mp g Nuilbing Department (9ne Oalem (Sreen 588-745-9595 Ext. 388 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer 6/12/92 Stanton W. Bigelow, City Engineer Joseph Sullivan, Fire Chief Mr . Charles Quigley 67 College Ave . Arlington, Gentlemen : I hereby appoint you a survey board to inspect thoroughly the premises at 117 Derby Street , in accordance with the provisions of Section 124 . 3 of the Massachusetts State Building Code . A written report of your findings and conclusions shall be made to this office in order that a determination may be made with the regard to the future of this structure . Sincerely fIar«4ac, fllt/fc�uw Maurice Martineau Acting Inspector Of Buildings cc. City Solicitor Ward Councillor Titg of ftem, massttr4usetts Department of Joublir 3eruires s9 One fttlem Green 745-9595 Ext. 321 STANTON W. BIGELOW, P.E. City Engineer Director of Public Services June 12, 1992 City of Salem, Massachusetts Public Property Department Building Department One Salem Green Salem, MA 01970 Attention: Maurice Martineau, Acting Inspector of Buildings Re: Board of Survey Inspection, 117 Derby Street Dear Mr. Martineau: In accordance with your appointment of this date of a Board of Survey to inspect the premises at 117 Derby Street and the provi- sions of Sections 123 and 124 of the- Massachusetts State Building Code, I have inspected the said premises this morning, along with the other appointees to the Board of Survey, and find the follow- ing: 1 . The exterior headers of the first floor supporting platform, which rest immediately atop the mixed masonry foundation, have dry rot which appears to be extensive. These structural members, due to the balloon type of framing, support the remainder of the first floor supporting platform and form the main exterior structural support for the building. 2 . The interior supporting columns in the basement consist of brick masonry, approximately two feet square, with no discernible footing ( foundation rests on a bare soil floor) , and beams resting on them appear to have been shimmed at various times as the supporting soil settled. Soil appears to be natural marine sand and silt deposits, with minimal bearing capacity. 3. The combination of proceeding dry rot and poor structural sup- port at the foundation level, along with the questionable integri- ty of the superstructure framing and the absence of a rear egress route for occupants with a poorly-supported roof overhang, in my opinion, place this building in imminent danger of immediate collapse. t a,. Maurice Martineau, Acting Inspector of Buildings Page 2 June 12, 1992 Based upon the above, I would strongly recommend and urge the im- mediate demolition of the building at the above premises . Very truly yours, CITY OF SALEM P TMENT PUBLIC SERVICES tan W. Bigelow, P.E . City Engineer/Director cc: Kevin T. Daly, City Solicitor Mayor Neil J. Harrington George A. Nowak, Councillor, Ward 1 Titg of 19.7allem, filassar4usetts ipublu Prnpertg Department Ae� g Nuilbing Department Mne Salem (fireen 508-745-9595 Ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer 6/12/92 J . C . &D . R. Realty Trust Mr . Bob Curran & Mr . James Bailey 110 Derby Street Salem Ma . 01970 Re : 117 Derby Street Dear Sir : Please be advised that the structure located at the above mentioned address is dangerous to life and limb and a public nuisance .As per the Massachusetts State Building Code section 123 , ( Unsafe Structures ) you are here by ordered to begin to remove this structure by twelve o ' clock noon of the day following the service of this notice . This notice is sent pursuant to Massachusetts General Law 143 section 6 . Failure to do so shall result in this office taking the proper action to demolish the building and placing a lien on the property. Sincerely - Maurice Martineau Acting Inspector of Buildings cc: Ward Councillor City Solicitor .I Robert Charles Group 67 College Avenue Arlington, MA' 02174 • (617) 643-0615 June 12, 1992 Mr . Maurice Martineau Acting Building Inspector City Hall Annex Salem, MA 01970 RE: Building Structure, 117 Derby Street , Salem, MA Dear Mr . Martineau: As a member of the Board of Survey I inspected the three story wooden tenement and garage at the above address. The inspection covered the basement, 1st, 2nd, and third apartment floors and the building exterior including the semi-demolished garage located on the same lot. Findings: 1 . Garage The garage structure has no roof and the existing cement block wells are therefore unsupported laterally as required by the building code. The cement block is badly deteriorated and has failed as evidenced by severe cracking . This structure should be demolished forthwith or completely rebuilt . Bracing as per code requirements must be installed in the event the shell remains standing. 2 . Main Building a. The exterior of the building is in poor condition. the exterior surface finish is a celotex backed imitation brick sheathing applied over the original clapboard siding . The original clapboard siding is badly deteriorated and the imitation brick overlay has deteriorated. The deterioration allows water penetration to be captured between the original wood clapboard, and framing. All existing siding should be removed and replaced now. The process must include envelope insulation as per building code. b. The exterior foundation has a brick vineer surface above the finish exterior grade to the starter board for the clapboard siding. The brick vineer is approximately 18 inches in height . The brick which supports the exterior stud walls is in a deteriorating condition and in portions of the wall the brick has collapsed. i Mr . Martineau' s letter Page - 2 - 6/13/92 The deterioration of the brick and mortar joint has allowed water penetration resulting in severe rotting of the wooden sills which support the three story structure above. All brick should be removed which would allow the replacement of deteriorated sill and wood framing. C. The porches and supporting columns for the roof over hang into the rear of the building have been removed. The roof is supported by temporary diagonal wood braces extending from the third floor elevation to the underside of the roof. This temporary bracing is inadequate and dangerous . The overhanging roof should be immediately removed and the roof cornice rebuilt at the rear of the building in a weather tight condition. d. Access to the basement area is open and unprotected against the weather , rodents and trespassers. The wood stairs to the basement are rotted and should be replaced. The access hatch should be installed forthwith. the entire basement access is in violation of current building code requirements. e. The front entrance stairs are dangerous and in violation of the building code. The riser heights is unacceptable and the total rise would have to begin within the building in order to avoid violating the right of way back of sidewalk line. This entrance would require a complete change in dimension which would require a corresponding change in the interior stair access to the upper floors. Use of the front entrance should be denied until corrective measures are taken in accordance with the building code. 3 . Basement The basement is accessed by the stairs described in item 2d. above. The exposed foundation walls are built of rubble masonry and upon visual inspection there was evidence of substantial water infiltration. The mortar joints are deteriorating which is resulting in the displacement of the stone masonry along with wood sill deterioration. The basement floor is partially covered with concrete and the remaining areas are exposed subsoil in violation of the code. Building support , columns are of brick construction and shims are in place in an attempt to level the building which has settled in places as a result of inadequate foundation bearing capacity. qi Mr . Martineau' s letter Page - 3 - 6/12/92 4 . Upper Floors a. Stair access to the upper floors is dangerous and violates building code requirements . The interior stairs are going to be affected by the front access to the street which has to be totally redesigned. b. The building has an unacceptable heating system which is supplemented by the kitchen stove. A lack of fresh air supply and inadequate heating make the building unacceptable for occupancy. C. The windows throughout have deteriorated and are inoperable. In cases, the windows are broken allowing the interior of the building to be exposed to the weather resulting in damage to the wood framing system. d. The floors are out of level and there is evidence of the building starting to "lean" . This condition is a result of rotting sill condition and foundation failure. Conclusion: The serious condition of the subject building ' s structural elements along with extensive changes which would have to be performed in order for the building to comply with code requirements make it economically unfeasible to rehabilitate. The dangerous condition of the existing roof, rear entrance, supporting wood frame, front entrance and garage cause me to recommend immediate demolition of the existing structures on the site. Ve yo s, Y harles F. ' 1 E. MA. REG. 8586 ,I ON JutsI� 3 ,OFivsCITY OF SALEM RF CrI`�"O r C CITY OF S,�t.L1v1,I4ASS• In City Council, i Ordered: I C �"X 6 �(it (L�9JVM.A...�ems#! � �a Q ��w.�. �jJ �l/ � �I �✓L1 S i! i' r it In City Council June 13, 1991 Adopted I! Approved by the Mayor on June 19, 1991 is I,. Z. z ATTEST: JOSEPHINE R. FUSCO j, CITY CLERK 1I. I� .0 ' d /ia s`ir3t 15 � Tk 3\� '�4a net A CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH FEy tt;FJ 9North Street CITY OF SAL tH,b,ASS. ROBERT E. BLENKHORN Salem.Massachusetts 01970 HEALTH AGENT 508-741-1800 Mav 29, 1992 Mr. James Bailev 81 Essex Street Salem, MA 01970 Dear Mr. Bailey: This letter confirms our phone conversation of Mav 28, 1992 relative to vour property located at 117 Derby Street in Salem. As we discussed, prior to anv demolition of anv building, the following must be addressed: The Building Inspector must be notified and the necessasv permits issued. If asbestos is found, it must be professionally removed by a licensed asbestos removal firm and properly disposed of in an approved manner and at an approved location. A licensed exterminator must be employed to exterminate the property two weeks prior to demolition. Elecrical, water, and gas services must be shut off. The Boston Gas Company Dig Safe Department must be notified, and they will issue a certificate number if approved, per Elvsia of the Boston Gas Companv (5/28/92) . If you have anv further auestions, please contact this office or the Building Department. FOR THE BOARD OF HEALTH REPLY TO: Ap r g ,� Robert E. Blenkhorn, C.H.O. Virginia E. Moustakis Health Aeent Sanitarian REB-da-, cc:Cantain Harold Blake, Salem Police Department Norman LaPointe, Fire Prevention John LeClerc, Gas Inspector Paul Tuttle, Electrical Inspector Maurice Martineau, Building Inspector Water Department MGv(�C� -�nSj�C+(-y City of batem, Alaaacbm5ett5 Public Vropertp department j8uitbing department One *alem Orren 745-9595 QCxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer June 18, 1991 George A. Nowak Councillor Ward 1 City of Salem RE: 117 Derby Street Dear George: Enclosed are the reports from the members of the Board of Survey responsible for the inspection of theabove referenced property. The inspections were conducted on Friday, June 14, 1991 . These reports concur with my opinion that, with the exception of the exterior stairway and the garage, the building has not deter- iorated to the point of posing a hazard to the public safety and welfare. I will be notifying the owner that the stairway and garage must be demolished and the building secured from unauthorized entry. If I can be of any further assistance in this matter, please call me. Sincerely, ot iliam H. Munroe Inspector of Buildings WHM:bms Enclosures: (3) UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS adders and NS Print your name,address and ZIP Code In the apace below. • Complete items 1.2,3,and 4 on the � reverse. U.S.MAIL • Attach to front of article if space -� 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 William H. Munroe, Inspector of Building One Salem Green Salem, MA 01970 • 9eNDER:-Complete items 1 and 2 when additional services are desired, and complete items �.aud 4. Put u"address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card from bemg returned to you.The return rete; t fee will rovide ou the name of the erson delivered to and the`ddtE sliver d . For additional Tees the ollowing services are avai a e. onso t postmaster or tees and c ech k boxlesl for additional service(s) requested. 1. Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number Alfred Dobbs, Esq. P 268 692 010 73 Washington St. Type of Service: Salem, MA 01970 ❑ Registered ❑ Insured Certified ❑ COD RE: 117 Derby St. ❑ Express Mail ❑ Return Receipt foi Merchandise Always obtain signature of addressee or agent and DATE DELIVERED. 5. nature Addressee 8. Addressee's Address (ONLY if X requested andfee paid) 6. Si ture — Agent X 7. Date of Deliv y PS Form 3 ,'Apr. 1989 +b.S.G.Ro.1989-238-e15 DOMESTIC RETURN RECEIPT 1 Cftp of *arem, lVaggacb gettg Public Propertp 3Dcpartment �3uitbing Mepartment One Opalem Orern 745-9595 ext. 380 William H. Munroe Director of Public Property June 25, 1991 Inspector of Buildings Zoning Enforcement Officer Alfred Dobbs, Esq. 73 Washington St. Salem, MA 01970 RE: 117 Derby St. Dear Mr. Dobbs: On Thursday, June 13, 1991 , in response to a complaint of a possible unsafe building, I inspected the exterior of the above referenced property. This inspection revealed an exterior stairway in extremely poor condition creating a hazard to anyone who might have reason to use them. The garage was found to be open to the elements with part of the roof collapsed and a public safety hazard. Based on these observations I contacted Harbor Realty and requested entry to the building, which was granted and an appointment was made to view the property at 10:00 a.m. , Friday June 14, 1991 . Following this, I appointed a Board of Survey consisting of the Fire Chief, a City Engineer and a disinterested contractor, in accordance with Section 124.1 of the Massachusetts State Building Code. The results of the Board of Survey's inspection revealed only minor problems with the main house; repointing of the foundation, replacement of brick columns, upgrading of the electrical service and considerable asbestos in the basement. However, they were unanimous in their findings regarding the stairway and garage being a serious hazard to the public safety and posing a decided danger in case of fire. It is my understanding that you represent the estate of this property based on my conversations with Harbor Realty. With this in mind I am requesting that you contact me within seven (7) days of your receipt of this letter to set a timetable for the necessary removal of these hazardous structures. Because of the congested area and narrow street that the property is located in n I am sure you share my concerns and will give this matter your earliest attention. Sincerely, William H. Munrce Zoning Enforcement Officer WHM:bms cc: Mayor Harrington Fire Chief City Engineer Councillor Nowak Enclosures: (3) Certified Mail #268 692 010 Swim Asior°scan Commission ONE SALEM GREET.SALEM. MASSACHUSETTS 01970 ;617; 745-9595. EXT.311 (NOTICE—OF DENIAL� OF APPLICATION FOR A CERTIFICATE OF APPROPRIATENESS RE : 119 Derby Streett- On Wednesday, August 7, 1991, the Salem Historical Commission unanimously denied an application for a Certificate of Appropriateness from Frederick Dominick for the demolition of 117 Derby Street. The denial was due to the applicant not providing appropriate and sufficient plans for what will be done with the lot after demolition, therefore making such demolition a detriment to the streetscape. I attest that this is an accurate record of the vote taken, not amended or modified in any way to this date. ; 'August;8,1991 _, Jane Guy Clerkf the Commi sion cc : Building Inspector City Clerk Jc\JANE\117DENY (9itV Df '$alp tT, @� Department of Fuh it ,�erbiees �5 (line �ttlem (Sree JUS( 17 ?3 �' `91 qf0/MMfi�? CFl4'[{3 745-9595 �Ixt. 321 CITY OFitESA EH,14ASS. STANTON W.BIGELOW,P.E. City Engineer Director of Public Services { TO: Bill Monroe , Building Inspector FROM: Richard Lis , Assistant City Engineer DATE: June 17 , 1991 SUBJECT: 117 Derby Street At the request of Bill Monroe , I surveyed the property of 117 Derby Street on Friday, June 14 , 1991 to determine the structural integrity of the existing triple decker house. It is my opinion that the main house is structurally sound and stable. Presently the only saftey hazards that exist are the following; the existing rear porches (all three floors) should be removed immediately snd replaced since they have deteriorated past repair and are structurally deficient, and the existing three car garage roof should be removed since it is presently collapsing. UP of Oaten Anoacbm;ettg j3ublic Propertp Mepartment �3uilbing Oepartment (One Rraltm &rttn 745-9595 GCxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer June 18, 1991 George A. Nowak Councillor Ward 1 City of Salem RE: 117 Derby Street Dear George: Enclosed are the reports from the members of the Board of Survey responsible for the inspection of the above referenced property. The inspections were conducted on Friday, June 14, 1991 . These reports concur with my opinion that, with the exception of the exterior stairway and the garage, the building has not deter- iorated to the point of posing a hazard to the public safety and welfare. I will be notifying the owner that the stairway and garage must be demolished and the building secured from unauthorized entry. If I can be of any further assistance in this matter, please call me. Sincerely, iliam H. Munroe Inspector of Buildings WHM:bms Enclosures: (3) ° o City of balm, Aaggacbmattg r Public Propertp department �a ,rgo 3iuilbing department One 8yalem &teen 745-9595 ext. 380 William H. Munroe Director of Public Property June 25, 1991 Inspector of Buildings Zoning Enforcement Officer Alfred Dobbs, Esq. 73 Washington St. Salem, MA 01970 RE: 117 Derby St. Dear Mr. Dobbs: On Thursday, June 13, 1991 , in response to a complaint of a possible unsafe building, I inspected the exterior of the above referenced property. This inspection revealed an exterior stairway in extremely poor condition creating a hazard to anyone who might have reason to use them. The garage was found to be open to the elements with part of the roof collapsed and a public safety hazard. Based on these observations I contacted Harbor Realty and requested entry to the building, which was granted and an appointment was made to view the property at 10:00 a.m. , Friday June 14, 1991 . Following this, I appointed a Board of Survey consisting of the Fire Chief, a City Engineer and a disinterested contractor, in accordance with Section 124.1 of the Massachusetts State Building Code. The results of the Board of Survey's inspection revealed only minor problems with the main house; repointing of the foundation, replacement of brick columns, upgrading of the electrical service and considerable asbestos in the basement. However, they were unanimous. in their findings regarding the stairway and garage being a serious hazard to the public safety and posing a decided danger in case of fire. It is my understanding that you represent the estate of this property based on my conversations with Harbor Realty. With this in mind I am requesting that you contact me within seven (7) days of your receipt of this letter to set a timetable for the necessary removal of these hazardous structures. Because of the congested area and narrow street that the property is located in I am sure you share my concerns and will give this matter your earliest attention. Sincerely, , /✓,// William H. Munroe Zoning Enforcement Officer WHM:bms cc: Mayor Harrington Fire Chief City Engineer Councillor Nowak Enclosures: (3) Certified Mail #268 692 010 BUILDING DEPT (gitV of Salem, Cfflassuchusetts ire �eparfine tea�qu Y F� 3 3'D 1 p� '0 91 48 Pfgctte �*treet R.c C k N E O 1T pF S6LEi , dASS; �bttlem, �{n_ 0197 ' Joseph F. Sullivan Chief June 17, 1991 Mr. William Munroe Building Inspector City of Salem One Salem Green Salem, Ma 01970 Re: 117 Derby Street Dear Mr. Munroe: On Friday, June 14, 1991, I participated in a survey board, in accordance with the Massachusetts State Building Code, Section 124.0 Emergency measurers. The survey board was made up in accordance with Section 124.1 of the building code, a city engineer, the head of the fire department and on disinterested person appointed by the building official. This inspection took place on the above date, at 117 Derby Street, with all those mentioned present and taking part in the inspection. The purpose of the inspection was to determine if the structure was unsafe. A through inspection was conducted and the following is the report of the head of the fire department. The rear porches are in a state of disrepair and should be removed immediately. The conditions of the porches are a decided danger to fire fighters who may be called upon to perform fire suppression activities within the structure. The building itself provides an attractive nuances and should be boarded up to prevent trespasses, with resultant injury or damage done bysuch trespasses. The building is in relativity good structual condition, foundation needs pointing up and some repair. Each floor is sound and in good repair. The garage is in an unsafe condition and should be demolished immediately. Respectfully submitted, Chief Poseph Sullivan JS:sl cc: File �F�T �� U�� k� �� U �� U ��. ��U�� U��Uv��` UU`� 244LAFAY[TT[ STREET SALE��, ��ASSACHU3[TT50}97O � (617) 744'4342 if ~ ^ Salem Buil1ing DePt 6/ l �/9l Building Inspector ��illiam Munroe Prcperty� ll7 Derby St It is cur estimation that the above mentione� property is not more th�n 5l % structuraly �nsoun� �e found thm,t the r�ar pprches need to he �orn �o�n and re�uilt / the columns �n the basement need repair or replacement and the foundation is in need of repair We also find that t�e 3 car garage in the rear of ihe proper�y is unsafe andshould be removed or repaired This matter pertaining to the garage should be addressed as soon as possi�le ' of In the year one thousand nine hundred and eighty-six An (Orbinanre establishing a review process on applications for demolition permits for certain buildings Be it ordained by the City Council of the City of Salem, as follows: ?art II , Chapter 2, Article XV, Division 2, Section 2-394 tmoontlon Delay) of the Code of Ordinances is .hereby enacted as follows: Le "The`Direc'[or of`:'u6Pic Froo-� e .=hall receive ap?'_icaticns for demoliticn of buildings of strut re<_ , and , in accordance with applicable laws or regulations , issue permits for demolition of buildings subject to the following restrictions : (a) No permit for demolition of an existing building or structure which is listed or eligible for listing on the National Register of Historic Places, or which is located in an established Historic District, created pursuant to this Code ,f Ordia_nces, or which is fifty (50) or more years old, shall be granted unless it is first submitted to the Historical Commission for review and comment. (b) Upon submission to the Historical Commission„ the Commission, within 30 days of such submission, shall issue a preliminary recommendation regarding the granting of a demolition permit'. If the Commission issues a recommendation in favor of the . granting of such a permit , a demolition permit shall be issued. If the Commission issues a recommendation in opposition to the granting of such a permit for demolition, no permit shall be issued until a more thorough investigation is undertaken and a final written recommendation is provided by the Commission. Such investigation and reccm.-endation shall be comoleted within 180 days of the original submission to the Historical Commission. (c) During said maximum one hundred-eighty (180) day period, the Historical Commission shall meet with the property owner and conduct such hearings or investigation as it may determine to be necessary in the formulation of its written recommendation regarding the granting of such permit. The Historical Commissic-r. shall. consider th,e,.efg3a,)•ovin¢__•Grtteri.,o.apin its deliberations: (1 ) The building or structure is of such interest or quality that it would reasonably meet National, State or local l criteria for designation as an historic or architectural landmark. (2) The building or structure is of such unusual or uncommon design, texture, or materials that it could not be reproduced or be reproduced only with great difficulty and expense . ( ) The building or structure is of such architectural or historic interest that its removal would be to the detriment of the public interest. (L) Retention of the building or structure would help preserve and protect an historic place or area of historic interest in the city. (d) The Historical 'Commission shall , within said one hundred- eighty (180) day period, issue a written recommendation to the Director of Public Property and co the property owner, regarding the granting of the permit for demolition. , If no such recommendation is issued within said period, the Historical Commission shall be deemed to have recommended the granting of said permit . (e) In the case of a residential garage or storage shed (but excluding carriage houses as defined in the Zoning Ordinance, Section II . B. ) , the Director shall forward an application for demolition of such a structure to the City Planner and a reoresentacive of the Historical Commission. Within fifteen ( 15) days of the receipt of such a request, the Director, the City Planner, and the Historical Commission representative shall make a determination of the historical or architectural significance of the ga,age or shed. If the structure is -_ deemed significant by a majority of these three (3) individuals , the application shall be forwarded to the full Historical Commission for review as outlined above. If the structure is deemed to possess no historic or architectural significance by a majority of these three (3) individuals, or. if no action is taken within the fifteen ( 15) day period, then a demolition permit shall be issued. - (f) Nothing in. this Ordinance shall supersede the regulations of the State Building Code 780 CMR, Sections 123.0 and 124.0 regarding Unsafe Structures and Emergency Measures. Section 2 . Part II , Chapter 19, Article IV, Section 19-65 of the Code of Ordinances is hereby amended by adding the following: (h) To review and comment on any application for a demolition permit for any building or structure in the city which is ' listed or eligible for listing on the National Register of Historic Places, or which is located in an established Historic District created pursuant to this Code of Ordinances , or which is fifty (50) or more years old. Se;tion 3. This Ordinance shall take effect as provided by City Charter. In City Council 'March 27, 1986 Adopted for first passage In City Council April '10, 1986 Amiend:rent defeated Tabled by roll call vote of 7 yeas, 4 nays, 0 absent In City Council April 24, 1986 Taken from the table _�_ e F r,Avc. ( 2) The building or structure is of such unusual or uncommon design, texture, or materials that it could not be reproduced or be reproduced only with great difficulty and expense . ( 3 ) The building or structure is of such architectural or historic interest chat its removal would be to the detriment of the public interest. (4) Retention of the building or structure would help preserve and protect an historic place or area of historic interest in the city. (d) The Historical Commission shall , within said one hundred- eighty ( 180) day period, issue a written recommendation to the Director of Public Property and to the property owner, regarding the granting of the permit for demolition. , If no such recommendation is issued within said period, the Historical Commission shall be deemed to have recommended the granting of said permit . (e) In the case of a residential garage or storage shed (but excluding carriage houses as defined in the Zoning Ordinance, Section II . B. ) , the Director shall forward an application for demolition of such a structure to the City Planner and a representative of the Historical Commission. Within fifteen ( 15) days of the receipt of such a request, the Director, the City Planner, and the Historical Commission representative . shall make a determination of the historical or architectural ...... -signif-icance of the garage or shed. If -the structure is deemed significant by a majority of these three (3) individuals , the application shall be forwarded to the full Historical Commission for review as outlined above. If the structure is deemed to possess no historic or architectural significance by a majority of these three (3) individuals , or. if no action is taken within the fifteen (15) day period, then a demolition permit shall be issued. - (f) Nothing in this Ordinance shall supercede the regulations of the State Building Code 780 CMR, Sections 123.0 and 124.0 regarding Unsafe Structures and Emergency Measures. Section 2. Part II, Chapter 19, Article IV, Section 19-65 of the Code of Ordinances is hereby amended by adding the following: (h) To review and comment on any application for a demolition permit for any building or structure in the city which is ' listed or eligible for listing on the National Register of Historic Places, or which is located in an established Historic District created pursuant to this Code of Ordinances , or which is fifty (50) or more years old. Se;tion 3 . This Ordinance shall take effect as provided by City Charter. In City Council March 27, 1986 Adopted for first passage In City Council April '10, 1986 Amendment defeated Tabled by roll call vote of 7 yeas, 4 nays, 0 absent In City Council April 24, 1986 Taken from the table - -„ .,.F cz uw=_ A nnve. 0 at ean+ A �qg� �ttiCia� �di11OY1 - ii ldl �q$� CilcngeSya%e � in 5ection 3 . 4oC:3. in the proposed hist( CHAPTER 40C. district study comm vided in this sectio, HISTORIC DISTRICTS. the report to the pl: Section Section Massachusetts hist, 1. Name and Citation of Chapter. 10. Additional Powers, Functions, and and recommendatio. 2. Purpose of Chapter. Duties of Commission. in the proposed his- . 3. City or Town May Establish Historic 11. Meetings of Commission, How Called; lots of land,or one O Districts; Procedure; Enlargement or Quorum; Determination of Application Or lots of land. Thi Reduction of District; Amendment to for Certificate; Public Hearing; Notice; Ordinances and By-Laws. Waiver. with the COmmissic 4. Study Committee and Historic District 12. Initial Review of Commission's Decision communities and d Commission; Membership; Terms; by Person or Persons of Competence, management with r Vacancies;Compensation. Appointed for that Purpose. 5. Definitions. 12A. Appeals to Superior Court; Remedy as such reports, and, : 6. Alteration,etc. Forbidden in Absence of Exclusive;Costs. and manner of tra, Certificate of Appropriateness, Non- 13. Jurisdiction of Superior Court; Injunc- mittal the study c( Applicability, or Hardship; Applica- tion;Violations;Penalties. tion; No Permit to be Issued without 14. Commissions May Have Powers and after due notice gi, Certificate. Duties of Historical Commission which shall include 7. Factors to Be Considered in Making Established Under GLM 40:81). Determination upon Application for 15. Documents to Be Filed With Massachu- ers as they appear Certificate. setts Historical Commission. of assessors of all 8. £xciusioi. of Certain Structures from 16. Districts Esta`uli Lzd Undar Specia: The COnittiittee Sha Review by Commission. Law. map of the propose 9. Ordinary Maintenance or Repairs; 17. Severability. - Landscaping; Changes Required by trance or by-la%V,to Public Safety; Construction, Alter::- An historic d,str tion,etc.under Prior Permit. toric district in a Ci r. 40C:1. Name and Citation of Chapter. re the initial n e: reduction of an e: Section 1. This chapter shall be known and may be cited as the His- 1 hearing shall be b: toric Districts Act. 2 over such historic case of creation of 40C:2. Purpose of Chapter. and hearing shall Section 2. The purpose of this chapter is to promote the educational, 1 town, or by the h: cultural, economic and general welfare of the public through the preser- 2 more than one, in: vation and protection of the distinctive characteristics of buildings and 3 or commissions rt places significant in the history of the commonwealth and its cities and 4 reduced written n towns or their architecture, and through the maintenance and improve- 5 on the proposal is ment of settings for such buildings and places and the encouragement 6 district. of design compatible therewith. 7 Any ordinance [ to time, be amend �I 40C:3. City or Town May Establish Historic Districts; Procedure; Enlarge- of this chapter b} meat or Reduction of District;Amendment to Ordinances and By-Laws. — a two-thirds vote Section 3. A city or town may, by ordinance or by-law adopted by 1 stance of such am,° two-thirds vote of the city council in a city or by a two-thirds vote of 2_ _ — commission havin a town meeting in a town, establish historic districts subject to the fol- 3 and its recomme: lowing provisions:— Prior to the establishment of any historic district 4 without such reco• in a city or town an investigation and report on the historical and archi- 5 No ordinance o ,I tectural significance of the buildings, structures or sites to be included 6 boundaries of an �! 174 -' + 400:3• HISTORIC DISTRICTS. [Cn;r. 40C.] i in the proposed historic district or districts shall be made by an historic 7 district study committee or by an historic district commission, as pro- 8 i vided in this section and in section four, who shall transmit copies of 9 -" the report to the planning board, if any, of the city or town, and to the 10 Massachusetts historical commission for their respective consideration 11 and recommendations. The buildings, structures or sites to be included 12 fo� o`�a and in the proposed historic district may consist of one or more parcels or ��uKGwro h �c s :led: = lots of land,or one or more buildings or structures on one or more payee s 14 bvf,�,rf c�ou ��r .:ion — ,;ce or lots of land. The Massachusetts historical commission consult 15 �r�-° d,� /48a with the t e secretary of 16 ' communities and development and the commissioner of environmental 17 S« *reree�� w.� ice. — - P ' ._=G ..- management with respect to such reports, and may make guidelines for 18 r'�) such reports, and, after public hearing, establish rules as to their.form 19 nc- and manner of transmission. Not less than sixty days after such trans- 20 - " mittal the study committee shall hold a public hearing on the report 21 nd - after due notice given at least fourteen days prior to the date thereof, 22 i ,ion — - == which shall include a written notice mailed postage prepaid, to the own- 23 hu- ers as they appear on the most recent real estate tax list of the board 24 of assessors of all properties to be included in such district or districts. 25 7- The committee shall submit a final report with its recommendations, a 26 map of the proposed district or districts and a draft of a proposed ordi- 27i nance or by-law,to the city council or town meeting. 28 = An historic district may be enlarged or reduced or an additional his- 29 toric district in a city or town created in the manner provided for creation 30 of the initial district, except that (a) in the case of the enlargement or 31 1 = reduction of an existing historic district the investigation, report and 32 -- 2 _ _ hearing shall be by the historic district commission having jurisdiction 33 over such historic district instead of by a study committee; (b) in the 34 case of creation of an additional historic district the investigation, report 35 _ and hearing shall be by the historic district commission of the city or 36 1 2 town, or by the historic district commissions acting jointly if there be 37 3 more than one, instead of by a study committee unless the commission 38 4 = or commissions recommend otherwise; and (c) if the district is to be 39 = 5 reduced written notice as above provided of the commission's hearing 40 6 _ on the proposal shall be given to said owners of each property in the 41 7 district. 42 Any ordinance or by-law creating an historic district may, from time 43 to time, be amended in any manner not inconsistent with the provisions 44 ,e of this chapter by a two-thirds vote of the city council in a.city or by 45 1 a two-thirds vote of a town meeting in a town, provided that the sub- 46 stance of such amendment has first been submitted to the historic district 47 2 commission having jurisdiction over such district for its recommendation 48 _ 1--c--n duva have elanced 49 and-its reeommendat�or has n r.,,,eived or sixty-__, _ 4 = •. 50 « _'. without such recommendation. . o No ordinance or by-law creating an historic district, or changing the 51 6 boundaries of an historic district, shall become effective until a map or 52 175 s� ;4- 40C:3. HISTORIC DISTRICTS. [CHAP. 40,C.1 a doCJ. maps setting forth the boundaries of the historic district, or the change - have been m: in the boundaries thereof, has been filed with the city clerk or town clerk and has been recorded in the registry of deeds for the county or district 54 me to the i' in which the cit or town is located,and the provisions of section thirteen 56 y _ appointment. +I4 A of chapter thirty-six shall not apply, the term of a a. cors shall be 40CA. Study Committee and Historic District Commission Membership; for terms of Terms; Vacancies;Compensation. c as the origii »' Section 4. An historic district study committee may be established I m law's snot a in any city or town by vote of the city council or board of selectmen members not r ; for the purpose of making an investigation of the desirability of estab- of from sere 3 of the absenc lisping an historic district or districts therein.The study committee shall 4 terest on the consist of not less than three nor more than seven amembers a ppointed 5 taken by an a in a city by the mayor, subject to confirmation by the city council, or 6 and alternat, in a town by the board of selectmen, including one member from two i until his suc nominees submitted by the local historical society or, in the absence S serve without thereof, by the Society for the Preservation of New England Antiquities, 9 man and vice > ,= one member from two nominees submitted by the chapter of the Ameri- 10 or without it: can Institute of Architects covering the area, and one member from two 11 nominees of the "acrd of :u4lLors, if any, covering the area. If within 12 40C:5. Definiti thirty days after submission of a written request for nominees to any- 13 of the organizations herein named no such nominations have been made 14 Section 5. the appointing body may proceed to appoint the study committee without 15 words "rebus x nominations by such organization. ished" and ti 1,: Whenever an historic district is established as provided in section three 16 means a toms 'I: il; an historic district commission shall be established which shall consist 1S or property; t of not less than three nor more than seven members. An historic district 19 historic distr commission shall be appointed in a city by the mayor, subject to confir- 20 "built!', nett mation by the city council, or in a town by the board of selectmen, in 21 or structure the same manner as an historic district study committee unless (a) the 22 or structure report recommending its establishment recommends alternate or addi- 23 park or publ: tional organizations to submit nominees for membership and states rea- 24 and style ar J1 sons why such alternate or additional organizations would be a and texture appropriate 26 materials apt or more appropriate for the particular city or town, the Massachusetts 26 ;., historical commission does not recommend otherwise prior to the public b27 doors, lights, hearing on the establishment of the district, and the ordinance or by-law 28 t' � "Person aggr -r. ;;;,;i so provides; or (b) there is an existing historic district commission in 29 an owner of 1 r ;®„ `'"' the city or town which the report recommends should administer the 30 ' one hundred `�' new district, and the ordinance or by-law so provides. Unless the report 31 in which one t recommends otherwise on account of the small number of residents or 32 or districts; r individual property owners, and the ordinance or by-law so provides, the 33 other than a members of the historic district commissionshallinclude one - way. _ _- more 34, _ as,ac,tcs-of or owners of property in an historic district to be adminis- 35 IIF: m tered by the commission. If within thirty days after submission of a writ- 36 40C:6. Alterat. c e iie! ii ten' request for nominees to an organization entitled to submit 37 nese. Non-Appl i nominations for membership on the commission no such nominations 38 _a_. Without Certific 176 ; HISTORIC DISTRICTS. [CHAP. 40C.] - ':`r. — 40CA. U. have been made the appointing body may proceed to make the appoint- 39 _ ment to the commission without nomination by such organization. The 40 i- to membership in the commission shall be so arranged that 41 appointmentsill expire t least one member wre each year, and their succes- 42 the term - sors shall be appointed in the same manner as the original appointment 43 for terms of three years. Vacancies shall be filled in the same manner 44 as the original appointment for the unexpired term. Ordinances or 45 . by-laws adopted hereunder may provide for the appointment of alternate 46 'a members not exceeding in number the principal members who need not 47 from nominees of organizations entitled to nominate members. In case 48 be t besence, inability to act or unwillingness to act because of self-in- 49 of the theest absence, the part of a member of the commission, his place shall be 50 member designated by the chairman. Each member 51 taken by an alternateon of and alternate shall continue i oo d and qualified.ce after the All members shall 1 53 until his successor is duly app -- serve without compensation.The commission shall elect annually a chair- 54 — ,) 55 man and vice-chairman from its own number and a secretary from within 56 - or without its number. 1 - 40C:5. Definitions. 1 word "altered: inciuoes the Section 5. As used in this chapter the. - 4 words "rebuilt", "reconstructed", "restored", "removed" and "demol, 3 _ ished" and the phrase "changed in exterior color"; the word "building ' - b «. means a combination of materials forming a shelter for persons, animals 4 or property; the word "commission" means the commission acting as the 5 8 historic district commission; the word "constructed" includes the words 6 9 "built", "erected "installed","enlarged and "moved"; the words "exte- 8 - 0 rior architectural feature" mean such portion of the exterior of a building 9 — 1 or structure as is open to view from a public street, public way, p - ing but not limited to the architec- 10 park or public body of water, includ 13 tural style and general arrangement and setting thereof, the kind, color 11 -4 and texture of exterior building materials, the color of paint or other 12 _ omaterials applied to exterior surfaces and the type and style of windows, 13 6 _ res; the words 14 doors, lights, signs and other appurtenant exterior fixtu "person aggrieved" mean the applicant, an owner of adjoining property, 15 8 an owner of property within the same historic district as property within 16 19 _ one hundred feet of said property lines and any charitable corporation 17 '0 in which one of its purposes.is the preservation of historic structures 18 it _- - ,2 or districts; and the word "structure means a combination of materials 19 13 ' ; other than a building,including a sign,fence,wall,terrace,walk or drive- 21 A :� way. 40C:fi. Alteration, etc. Forbidden in of Certifitate of Appropriate- Absence 36 �_ . Application; No Permit to be Issued .37 nese, Non-Applicability, or Hardship; App ' S9 without Certificate. 177 40C:6. HISTORIC DISTRICTS. [CHAP. 40C.] 40C:7. Section 6. Except as the ordinance or by-law may otherwise provide 1 historic aspects 0 in accordance with section eight or said section eight or nine, no building 2 and of the historic or structure within an historic district shall be constructed or altered 3 in any way that affects exterior architectural features unless the commis- 4 40C:s. Exclusion o: sion shall first have issued a certificate of appropriateness, a certificate 5 Section S. (a) of non-applicability or a certificate of hardship with respect to such con- 6 by-law establishi struction or alteration. 7 authority of the Any person who desires to obtain a certificate from the commission 8 more of the folic shall file with the commission an application for a certificate of appropri- 9 architectural feat ateness, a certificate of non-applicability or a certificate of hardship, as 10 ings or structure. the case may be, in such form as the commission may reasonably deter- 11 constructed or al mine, together with such plans, elevations, specifications, material and 12 commission: other information, including in the case of demolition or removal a state- 13 (1) Temporar ment of the proposed condition and appearance of the property thereaf- 14 tions as to durati ter, as may be reasonably deemed necessary by the commission to enable 15 as the commissio it to make a determination on the application. 16 (2) Terraces, No building permit for construction of a building or structure or for 17 any one or more alteration of an exterior architectural feature within an historic district 18 tially at grade le, and no demolition permit for demolition or removal of a building or struc- 19 (3) Walls ane -- ture within an historic district shall be issued by a city or town or any 20 _ (4) Storm do( department thereof until the certificate required by this section has been 21 ing fixtures, ant issued by the commission. 22 of them. (5) the color 40C:7. Factors to Be Considered in Making Determination upon Application (6) The color for Certificate. (7) Signs of : Section 7. In passing upon matters before it the commission shall con- 1 use of a residen sider,among other things,the historic and architectural value and signif- 2 purposes, provic icance of the site, building or structure, the general design, arrangement, 3 each residence a texture, material and color of the features involved, and the relation of 4 sign in connecti, such features to similar features of buildings and structures in the sur- 5 ture which is nc rounding area. In the case of new construction or additions to existing 6 painted on woos buildings or structures the commission shall consider thg appropriate- 7 minated only ing ness of the size and shape of the building or structure both in relation 8 (8) The reco to the land area upon which the building or structure is situated and 9 building, strut to buildings and structures in the vicinity, and the commission may in 10 destroyed by fir appropriate cases impose dimensional and set-back requirements in addi- 11 is begun within tion to those required by applicable ordinance or by-law. When ruling 12 gence. on applications for certificates' of appropriateness dor•solar energy sys- 13 (b) comm tems, as defined in section one A of chapter forty A, the commission 14 ing thatt certai structures or si shall also consider the policy of the commonwealth to encourage the use 15 ated under par of solar energy systems and to protect solar access.The commission shall 16 do not limit th a3t consider intcricr arra, ...-nts- or architectural features net.cn{.inct '-I, - Y�v^^.._. _ .._ __. . -' be i:OnStiliBtcd �- to public view. 18 ing substantial The commission shall not,make any recommendation or requirement 19 (c) A city o except for the purpose of preventing developments incongruous to the 20 amendment tht 178 '3. - h f [CHAP. 40C.] 400:7• HISTORIC DISTnTC_ ` u .e historic aspects or the architectural characteristics of the surroundings 22 and of the historic district. Exclusion of Certain Structures from Review by Commission. 40C:8• or - Section 8. (a) Any city or town may provide in the ordinance he 1 by-law establishing a district or in any amendment thereof that the 2 i authority of the commission shall not extend to the review of one or 3 more of the following categories of buildings or structures or exterior 4 architectural features in the historic district,and,in this event,the build- 5 ings or structures or exterior architectural features so excluded may be 6 _ constructed or altered within the historic district without review by the 6 commission: (1) Temporary structures or signs, subject,removal and similar matters 10 tions as to duration of use,location,lighting, 11 ": as the commission may reasonably specify. (2) Terraces, walks, driveways, sidewalks and similar structures, or 1213 — any one or more of them, provided that any such structure is substan 14 tially at grade level. 15 (3) Walls and fences,or either of them.window air conditioners,light- 16 (q) er_.m doors and windows, screens, ing fixtures, antennae and similar appurtenances, or any one or more 18 W 1 of them. 19 - (5) The color of paint. 20 (6) The color of materials used on roofs. nection with 21 (7) Signs of not more than one sharefoot in area or for professional 22 use of a residence for a customary ='* Purposes, provided only one such sign is displayed in connection with 23 each residence and if illuminated is illuminated only indirectly; and one 24 sign in connection with the nonresidential use of each building or struc- 25 ture which is not more than twelve square feet in area, consist of letters 26 i painted on wood without symbol or trademark and if illuminated is illu- 23 _ minated only indirectly;or either of them. (8) The reconstruction, substantially similar in exterior design, of a 29 building, structure or exterior architectural feature damaged or 30 :} destroyed by fire, storm or other disaster, provided such reconstruction 31 32 is begun within one year thereafter and carried forward with due dill- 33 gence. (b) A commission may determine from time to time after public hearcolors, 34 ing that certain c .35 ategories of ithout limitationterior , any of thoseural senumer- 36 structures or signs, including, or ated under paragraph (a), if the provisions of the ordinance thereto,, may 38 law 37 do not limit the authority of the commission with respect there tered withcat review by the commission without caus- 39 be constructed or al ing substantial derogation from the intent and purposes of this chapter. 40 (c) A city or town may provide in its ordinance or by-law, or in any 41 �-: amendment thereof,that the authority of the commission shall be limited 42 - a }�: 179 T�f 4 i4ff 40 :8. HISTORIC DISTRICTS. [CHAP, 40C,) _s W 4SC:10. !i l to exterior architectural features within a district which are subject to 43 + t in conformity wit: view from one or more designated public streets, public ways, public44 commission shall parks or public bodies of water, although other portions of buildings or 45 -_ the applicant �• structures within the district may be otherwise subject to publicview, .16 (b) In the case i� and, in the absence of such provision of the ordinance or by-law, a com- 47 = tion for a certificat mission may determine from time to time after public hearing that the .18 bility does not invw authority of the commission may be so limited without substantial dero- 49 exterior architectu gation from the intent and purposes of this chapter. 50 commission in acct (d) Upon request the commission shall issue a certificate of nonappli- 51 mission shall cans cability with respect to construction or alteration in any category then _> applicant. not subject to review by the commission in accordance with the provisions 53 (c) If the coni of paragraph (a),(b)or(c). S! - certificate of appy inappropriate, or i 40C:9. Ordinary Maintenance or Repairs; Landscaping; Changes Required - ship, the commissi ir by Public Safety;Construction,Alteration,etc.under Prior Permit. dally affecting the Section 9. Nothin historic district ge g in this chapter shall be construed to prevent the l ordinary maintenance, repair or replacement of any exterior architec- 2 a substantial har tural feature within an historic district which does not involve a change 3 whether such elfa in design, material, color or the outward appearance thereof, nor to pre- 4 to the public wlf vent landscaping with plants, trees or shrubs, nor construed to prevent 5 and purposes of th the meeting of requirements certified by a duly authorized public officer 6 to such conditions to be necessary for public safety because of an unsafe or dangerous condi- ; tial hardship to th tion, nor construed to prevent any construction or alteration under a 8 such substantial d ,C"I permit duly issued prior to the effective date of the applicable historic9 make a determinat district ordinance or by-law. 10 a tion eleven, the cc issued to the applic i40C:10. Additional Powers,Functions,and Duties of Commission. (d) Each certifi signed by its chaff: Section 10. The commission shall have the following additional pow- I designated by the c ers, functions and duties:—. (a) If the commission determines that the 2 I construction or alteration for which an application for a certificate of 3 ( The commis I'!; transactions,and d appropriateness has been filed will be appropriate for or compatible with 4 pating therein, an, the preservation or protection of the historic district, the commission 5 shall cause a certificate of a not inconsistent wi appropriateness to be issued to the applicant. 6 e as it shall deem d In the case of a disapproval of an application for a certificate of appropri- 7 and the conduct de ateness the commission shall place upon its records the reasons for such Sof determination and shall forthwith cause a notice of its determination, 9 such rules and rege Iii[ accompanied by a rnpy of the reasons thereforagset forth in the records 10 (f) The commis - any department of of the commission, to be issued to the applicant, and the commission 11 -, may make recommendations to the applicant with respect to appropriate- 12 — Permits a copy or a ness of design,arrangement,texture,material and similar features.Prior 13 = plOVm issued by it r( to the issuance of any disapproval the commission may"notify the appli- 14 (g) A commissi� cant of its proposed action accompanied by recommendations of changes 15 , ;. as it may determir in the applicant's proposal which, if made, would make the application 16 as light fixtures, w acceptable to the commission. If within fourteen days of the receipt of 17 =''` and a roster of cer such a notice the applicant files a written modification of his application 18 _ meet the requiremi 180 11 L .per ti -V-rte ew is ' CHAP. 40C.] .1 400:10. HISTORIC DISTRICTS. j i 3 in conformity with the recommended changes of the commission, the 19 4 commission shall cause a certificate of appropriateness to be issued to 20 5 the applicant. 21 o (b) In the case of a determination by the commission that an applica- 22 s 7 tion for a certificate of appropriateness or for a certificate of nonapplica- 23 4 bility does not involve any exterior architectural feature, or involves an 24 3 exterior architectural feature which is not then subject to review by the 25 7 commission in accordance with the provisions of section eight, the com- 26 1 mission shall cause a certificate of non-applicability to be issued to the 27 2 applicant. 28 3 (c) If the construction or alteration for which an application for a 29 3 certificate of appropriateness has been filed shall be determined to be 30 inappropriate, or in the event of an application for a certificate of hard- 31 ' ship, the commission shall determine whether, owing to conditions espe- 32 cially affecting the building or structure involved, but not affecting the 33 - historic district generally, failure to approve an application will involve 34 O° a substantial hardship, financial or otherwise, to the applicant and 35 whether such application may be approved without substantial detriment 36 to the public welfare and without substantial derogation from the intent 37 and purposes of this chapter. If the commission determines that owing 38 to such conditions failure to approve an application will involve substan- 39 _ tial hardship to the applicant and approval thereof may be made without 40 such substantial detriment or derogation, or in the event of failure to 41 make a determination on an application within the time specified in sec- 42 tion eleven, the commission shall cause a certificate of hardship to be 43 issued to the applicant. 44 (d) Each certificate issued by the commission shall be dated and 45 signed by its chairman, vice-chairman, secretary or such other person 46 . designated by the commission to sign such certificates on its behalf. 47 (e) The commission shall keep a permanent record of its resolutions, 48 transactions, and determinations and of the vote of each member partici- 49 pating therein, and may adopt and amend such rules and regulations 50 not inconsistent with the provisions of this act and prescribe such forms 51 ' as it shall deem desirable and necessary for the regulation of its affairs 52 s and the conduct of its business. The commission shall file a copy of any 53 _. such rules and regulations with the city or town clerk. 54 `x -' (f) The commission shall file with the city or town clerk and with 55 -: any department of the city or town having authority to issue building 56 — permits a copy or notice of all certificates and determinations of disap- 57 _a proval issued by it. 58 (g) A commission may after public hearing set forth in such manner 59 as it may dote.mine the various designs of certain appurtenances, such 60 f" as light fixtures, which will meet the requirements of an historic district 61 and'a roster of certain colors of paint and roofing materials which will 62 w meet the requirements of an historic district, but no such determination 63 181 40CA0. HISTORIC DISTRICTS. [CHAP. 40C.] 40C:11. shall limit the right of an applicant to present other designs or colors 64 the ordinance or by-1 to the commission for its approval. 65 the applicant may allo (h) The commission may, subject to appropriation, employ clerical 66 nation on the applicat and technical assistants or consultants and incur other expenses appro- 67 nation within such pe priate to the carrying on of its work, and may accept money gifts and 68 a certificate of hardsh: expend the same for such purposes. The commission may administer on 69 A public hearing o: behalf of the city or town any properties or easements, restrictions or 70 is waived in writing b other interests in real property which the city or town may have or may 71 a public hearing on : accept as gifts or otherwise and which the city or town may designate 72 if the commission d( the commission as the administrator thereof. 73 involved or its catego (1) The commission shall have, in addition to the powers, authority 74 in its effect on the hi. and duties granted to it by this act, such other powers, authority and 75 mission without pub' duties as may be delegated or assigned to it from time to time by vote 76 that if the commissio of the city council or town meeting. 77 notice of the applica property and other 40C:11. Meetings of Commission, How Called; Quorum; Determination of a affected thereby as a Application for Certificate;Public Hearing;Notice;Waiver. mailing of such notice Section 11. Meetings of a commission shall be held at the call of the 1 tion. chairman and shall be called at the request of two members of the com- 2 mission and in such other :Wanner as the ccmmission shall determine 3 40C:12. 1nitial Reviev. in its rules. A majority of the members of a commission shall constitute 4 Competence,Appointee a quorum.The concurring vote of a majority of the members of the com- 5 Section 12. A cit: mission shall be necessary to issue a certificate of appropriateness, a cer- 6 or in any amendment tificate of non-applicability or a certificate of hardship. 7 aggrieved by a deterr. A commission shall determine promptly, and in all events within four- 8 after the filing of the teen days after the filing of an application for a certificate of appropriate- 9 clerk, file a written r( ness, a certificate of non-applicability or a certificate of hardship, as the 10 or persons of compet case may be, whether the application involves any exterior architectural 11 the regional plannin features which are subject to approval by the commission. If a commis- 12 If the city or town i sion determines that such application involves any such features which 13 department of coma are subject to approval by the commission shall hold a public hearing 14 planning agency. on such application unless such hearing is dispensed with as hereinafter 15 The finding of the provided. 16 The commission shall fix a reasonable time for the hearing on any 17 with the city tow application and shall give public notice-of the time, place and purposes 18 - shall l i bindinn g on thereof at least fourteen days before said hearing in such manner as 19 appealiasoughtin t}. it may determine, and by mailing, postage prepaid, a copy of said notice 20 40C:12A. Appeals to IS to the applicant, to the owners of all adjoining property and other prop- 21 — erty deemed by the commission to be materially affected thereby as they 22 Section 12A. Any appear on the most recent real estate tax list of the board of assessors, 23 cion, or by the findi to the planning board of the city or town, to any person filing written 24 = provisions of section request for notice of hearings, such request to be renewed yearly in 25 may, within twenty December,and to such other persons as the commission shall deem enti- 20 tion or such finding tled to notice. 27 court sitting in equit As soon as convenient after such public hearing but in any event within 28 The court shall heat sixty days after the filing of the application, or such lesser period as 29 nation of the comm 182 -F: .i. HISTORIC DISTRICTS. (CHAP. 40C.1 i - the ordinance or by-law may provide, or within such further time as 30 the applicant may allow in writing,the commission shall make adetermi- 31 - nation on the application. If the commission shall fail to make a determi- 32 nation within 33 such period of time the commission shall thereupon issue 34 a certificate of hardship. 35 - A public hearing on an application need not be held if such ons etitled noticehearing ition, 36 is waived in writing by all p hcationnmay be waivedtbyrthe commIn as ion 37 - a public hearing on an app if the commission determines that the exterior architectural seo insubstantial 39 involved or its category or color, as the case may be, n m in its effect on the historic district that it may ab One pTOVided howed by the ver, 41 mission without public hearing on the app owevn 42 that if the commission dispenses with a public hearing on an app 43 notice of the application shall be given to the owners of all adjoining property and other property deemed by the commission to be materially 44 _ s shall elapse after the 45 affected thereby as above provided and ten day mailing of such notice before the commission may act upon such applica- 47R e tion. 40C:12. Initial Review of Commission's Decision by Person or Persons of Competence,Appointed for that Purpose. Section 12. A city or town may provide in its ordinance or by-law 1 or in any amendment thereof,for a review procedure whereby any person 2 3 aggrieved by a determination of the commission may,within twenty days 3 after the filing of the notice of'such determination with the city or town 4 clerk,file a written request with the commission for a review by a person 5 or persons of competence and experience in such matters, designated by 6 a.: the regional planning agency of which the city or town is a member. 7 �^ If the city or town is not a member of a regional planning gency, the l 9 department of community affairs shall select the appropriate10 planning agency. The finding of the person or persons making such review shall filed 11 d_ with the city or town clerk within for, days after the request, , and 12 —' shall be binding on the applicant and the commission, unless a further 14 4 —= appeal is sought in the superior court as provided in section twelve A. - _ 40C:12A. Appeals to Superior Court;Remedy as Exclusive;Costs. ' aggrieved by a determination of the commis- 1 Section 12A. Any person aggr -. -�: Sion, or by the finding of a person or persons making a review, if the 2 provisions of section twelve are in in a local ordinance or by-law, 3 may,within twenty days after the filing of the notice of such determina- 4 tion or such findi;.g .4th thecityor town clerk, appeal to the superior 5 - ' - court sitting in equity for the county in which the city or town is situated. 7 The court shall hear all pertinent evidence and shall annul the determi- - nation of the commission if it finds the decision of the commission to 8 r: 183 3 4nC:12A. HISTORIC DISTRICTS. a � (CHAP. 40C.) be unsupported by the evidence or to exceed the authority of the commis- 9 4pC;16, Districts Establis. sion, or may remand the case for further action by the commission or 10 make such other decree as justice and equity may require. The remedy 11 _ Section d A city e provided by this section shall be exclusive but the parties shall have all 12 established under a spci rights of appeal and exception as in other equity cases. Costs shall not = - district commission havi r be allowed against the commission unless it shall a 13 h - visions of this chapter v that the commission acted with gross negligence, in bad faith or with 15 -7 ocourt 14f the city council e a ert malice in the matter from which the appeal was taken.-Costs shall not 16 - - a town, and s cha t, be allowed against the party appealing from such determination of the 17 - _ provisions of this such s commission unless it shall appear to the court that such party acted in 1S pursuant to which such bad faith or with malice in making the appeal to the court. this chapter shall not i 19 lished under any special 40C:13. Jurisdiction of Superior Court;Injunction;Violations;Penalties. 10C:17. Severability. Section 13. The superior court sitting in equity for the county in 1 Section 17. The prow which the city or town is situated shall have jurisdiction to enforce the 2 able if any of its provisi, provisions of this chapter and any ordinance or by-law enacted hereunder 3 by any court of compe and the determinations, rulings and regulations issued pursuant thereto 4 continue in full force an, and may, upon the petition of the mayor or of the board of selectmen 5 or of the commission, restrain by injunction violations thereof;and,with- 6 out limitation, such court may order the removal of any building, struc- 7 ture or exterior architectural feature constructed in violation thereof, 8 or the substantial restoration of any building, structure or exterior archi- 9 tectural feature altered or demolished in violation thereof, and may issue 10 such other orders for relief as may be equitable. 11 Whoever violates any of the provisions of this chapter shall be pun- 12 ished by a fine of not less than ten dollars nor more than five hundred 13 �• dollars. Each day during any portion of which a violation continues to 14 5 exist shall constitute a separate offense. 15 40C:14. Commissions May Have Powers and Duties of Historical Commis- sion Established Under GLM 40:81). Section 14. If the city council or town meeting so votes a commission 1 established hereunder shall have the powers and duties of an historical 2 commission as provided in section eight D of chapter forty and, in this 3 event,a commission may be entitled an historical commission. 4 40C:15. Documents to Be Filed With Massachusetts Historical Commission. Section 15. All ordinance or by-laws creating an historic district 1 -- - adopted by a city or town under authority of this chapter and under 2 authority of any special law, unless the special law shall otherwise pro- 3 vide, amendments thereto, maps of histuric districts created thereunder, 4 ° and annual reports and other publications of commissions, and rosters 5 of membership therein, shall be filed with the Massachusetts historical 6 ` commission. 7 - 184 e•v F 1 1> .v { a(. �!' .w. ' •v wt. F .xr a .+ 4:. � '1'w .�`'<+''£`"5 'qtr" a} �si..v 'S. h�i i �:.x r@ .w.'�YF• �a sr .v'S 3aFyw I. ati:- \ �.. p as l < ed 'C 3•,y 'a-'' ''.t > . ,� r-: � r - n r_.: 1. 4a tea'+.-tom r^5,• �av:. -•p�+y"?-�^..�7,� - 5 v � r , L Y . 1 _ a x SL k � A • ty. T r y M x5 fy Fr '" may! •.. _ .[:$�.I v -1 i .tE•',�'r... Y I _ r •r u.s..i waiver rr 1 D74ulLoG lssuea DY Yaui YetrowsKi ` ` • MassacpuseitseepartmentofEnvlranmenfaiPrafecilon re` 48625 oureau of Waste Prevention—Air Quality Transmrnalr UWP AQ 04 ,Asbestos Removal Notification77 ! DVVP AQ 06 Notification Prior to Construction or Demolition iFacility10(it known ) Permits for Asbestos ,�rDeem.D�r................i applicability ! PLImA 11 .......................... I .:.-.;.•( I aedeHed Data................... : Demolilion/Renovalion operations involving asbestos- renovation operations and demolition/renovation operations 1 sedewer._...._.._........— i VnmA OADDr ODenled containing material(ACM)and general DomoliliorJRenovation Involving ACM is required under.310 CMR 7.09(2)and 310 i DedalonDale.................... operations are regulated by the Department of Environmental CMR 7.15(1)(b)twenty(20)days prior to any work being Protection(DEP),Bureau of Waste Prevention-Air Quality performed.The following Information is required pursuant to _ Division,under Regulations 310 CMR 7.00,7.09 and 7 15, 310 CMR 7.15. Notification to the REGIONAL OFFICE of general demolition/ General Prolect Description 1. Facility — ...J.. G.......&...D.... eal.t..y...................................................... 3. On-Site Manager ....1..1.7....Re.rby....Street....................................................... Nane Address , I,. Salem „P1A 01 ................................................................................................................ r.....................4.7..Q.......................................................... Address Qn/lown 508,-745- .......................:.......................................................................... ......... . . . . .....06.�.5.................................................................... CiryAawn - iclrphdne Telephone. Size 2 400 svwro mel ! 4. General Contractor Was the Facll!ty,b i t prior to 19007 INI Yes D No Address e,y Residential — ....................................l.................................................... CurrenlarPrfor use olfaclliry : ClryRaxn Is the Facility Occupied?'. ❑ Yes M Ito Telephone Is this Facility Owner Occupied Residential with 4 units or less? EX Yes ❑ No -�, Dues this project Involve the removal and/or alteration of 2. Facility Owrier - •-•-- _ say Asbestos Conlatning Material(ACM)as defined and -- `: J CD Realty •.•._• at In 310 CMR 7.00 and 7.1571 Y ......................._ - - ❑Yes D No. >, 'Nam 110 Derby St.reGt ................................................ Address ;:5',;: Salem;' Ii Yes,corlplele Sections C and D. 1 A 01970II No,complete.Sections D and E. .............................................. 508•-745-06.. .........................:.......................................... :.. .;: fit.. . Terrpnone - El Asbestos.Remo Val Descriplion WakefieldLMA 1. Asbestos Contractor arr/rown AsbesC.4..S... e... ...........................lac617-245-4403 .xe. .................... —•-- — Nane telephone. 4 Railroad Avenue AC000133 ....__.._._.---------- ............................................................................................................ DopadmrnlolLaWrandlndustiles License/ Address Page 1 of 4 Rev.1191 Massachr�sett5 Department of Environmental Protection Bureau of Waste Prevention—Air Qualify " r�ansmrttar �'�j DWP AQ 04 Asbestos Removal Notification r r DWP AQ 06 Notification Prior to Construction or Demolition facr;,y r✓(d know Permits for Asbestos 2. On-Site Supervisor 7. Description of techniques used for estimation Frank Arsenault __.__.—_— T-3^t- monsere - - „_. Name . y SF06284 — -- Tkparh enronabof and Industries CerlNlcallon 3._1lygicnisl Testwe11 Craig......................................... ............._.................................. ............. Naar - 4. Specific Worksite Locations(s) (i.e.Building name, R. Asbestos Removal w - duunber;wing floor,rooTtr tunnel.) June :6, 1992 Basement stadDare June 6a, 1992 End Dale, Hours of Operation S. Is the job being conducted Indoors or outdoors? M daytime/;r._ ❑ evening ❑ night indoors Days of Operation - ❑ Mon.-Fri. M Sat.-Sun. _ — • -"-.-- (Note:My changes In these dates must be reported to the _ appropriate regional office. If a removal is postponed for 6. Estimated amount of.Each type of ACM to be handled more than thirty(30)calendar days separate notification wi: be required.) - Linear/Square Feet boiler,breeching,duct, 9 Describe the asbestos removal procedures to be used. / 2 glove bag ❑ enclosure M full containment tank surface coatings Q ❑ cleanup ': ❑ encapsulation ❑ disppsal only thermal,solid core pipe Insulation 80 / U other-please describe ;_, .....- ....._.. corrugated or layered paper pipe Insulation" / 10 Transporter of asbestos-containing waste material from sift, -"" ,,,,,,,,,,,,,, to temporary storage site(if necessary)to final disposal sit- Insulating qement it- insulatinggement i, /.............. Asbestos.Free,. Inc - - ' a� Name. ................................................................. —- - spray-on brcproolinp' { 4 Railroad Avenue ...... - ...............-........ Address. .. trowel/sprayercoaNngs - (.............. Wakefield, .MA 01880 ............._. Clry9oym cloths,woven labric ...........�............... 617-245-4403 .... . ........ Telephone transite board,wall board ............................ _ : other-please describe Total In Linear Feet B.0.... / ......... 20 Total in Square Feel ............................ Page 2 c y p Massachusetts Department of Envtronmentat Protection !t }S 48025 c .Cureau of Waste Prevention—Air Quality t "N Transmittal!<s.: . BWP AQ 04 • Asbestos Removal Notification r{ ,%T1 BWP AQ 06 Notification Prior to Construction or Demolition` Facility m(lrknown) Permits for Asbestos 11:Transporter of asbestos-containing waste material from 13. Final Disposal Site ora removalAemP ry stora a site to final disposal site } . yo . `• ,._; . , ..M�adaw£.d.11...0[1r�1.._..................._.._.............. Recovery Exnresq- In _ Haim H, ;...d .Rte...2...Box-.6R."»»»»._........................................»...._..... I 97 Portland Street Address S Boston,:,Mh.02114 ...Rridgeport,._.W__.U._..__...._............................_..._ j Clry/lawn clryAoxn 304-842-2784 ..........._._.__ _ .....r..___.......................................... 617 523-7740 ' Telephone w.: _— .-._..Telephone ...,>, . .I 12. Refuse transfer station facility and owner(it applicable) (Note:Disposal of ACM'ou—si mpy with the Solid Waste, ---- Divisions regulations 310 CMR 19.00.) ».. .... .... __.. : . Home t 14..Emergency Asbestos Removal Operations ...., .......». »_.-..... , DEP official who evaluated the emergency: John 'MacAuldv .... ........................_.._..... _... ............................._................... - prypown ,.Me..Inspector W`„ ............................. - le/ephone ' _.....»_ ..._................_......... _.... walY� fE�2.Q.G.28.i._:»». .... ...........»..................._ . gmers Name AulnoAryl4l�s:!pihtlY ,..�. ., June'4, 992 .: (Note.Transfer Stations must comply with the Solid "" """ ,«r ...................................... ,» P Dale WAufnalraflan• . Waste Division regulations 310 CMR 18.00.) t General Demolition/Renovation Description 1. Demolition/Renovation Contractor 4. Was the facility surveyed for the presence of asbestos containing material(ACM)? ❑ Yes ;`-❑ No,, Name - IIyes,who Conducted the Survey? ....._....._...._.....»» - - —_ _ (kpartmenl dLafxuanOlneuslrles Certilhaban/ Telephone - 5. If yes,who conducted the survey? 2. On-Site Supervisor. ,. None_. _.__._.._.__....__._.._.......».._»__» _.... ..... ...................._....................................... ,. __...._..» ..._:.....__...»................................... ...................... rkpartmenf WLahoranCfnCusmes Cerfiliation/ . 3. Identify the specific Worksite Location(s): 6. DemolhionlRenovationAsbestos Removal ..................... _.._.»............_................................................. - .........._.,.».».. ».....».............._.......»......_......._.».».... S6rfDafe �fnoDale ._._. - .................._..._........................................... ...... ........ .................... Rev.1/91 Page 3 of 4 - Massachusetts Department of Environmental Protection v Bureau of Waste Prevention—Air Quality l a rransmUtal s BWP AQ 04 Asbestos Removal Notification ' t BWP AQ 06 Notification Prior to Construction or.Demol(tion - fa ,Gty,� 'mown) Permits for Asbestos 7. Describe the demolitioNrenovation procedures to be 8.'',Emergency Demoliflon/Renovalion Asbestos Removal used Operations " State or local official who evaluated the emergency: TWO ... AuNOAry +.... ., (Note.Demolilion/Renovation Operations must comply with 310 CMR 7.09 to control emissions to prevent a MICIAelnoluapon ,conddion of air pollution)= — (General Statement:If asbestos-containing material is unexpectedly found or damaged during a Demolition/Renovation operation;all responsible parties must comply with 310 CMR 7.00,7.09,7.15 and Chapter 21 E of the General Laws of the 1l..,Commonvvealth:This would include but would not be limited to tiling an asbestos removal notification with the Department and/or a notice of a releaseAhreat of release of a hazardous substance to the Department 9 applicable.) certiiicat on certify that I have examined the above and that to the best of my knowledge It is true and complete.The, signature below subjects the signer to.the general statutes. regarding a false and misleading statement(s).' Asbestos Free, Inc _„Q� ,a ........._............_ ..... ................... ........Td 'z �' .... --PMIName -- AMORepslpnarure ' r' - ,. Supervisor Asbestds Free Inc.._ . ...................................__._: .. ......_................_.... .............4....... r � Acpresenenp • .i June`5,`',1992 .. ......... ..,Vale Rev.1/9i Page Of 4 waiverrfj, UI.ZU/a/, issued py.,.Paul Petrowski .D,.E Ptw,aiver #920:4988;,iss�ed;by,:::;: _ " ^^•-,° _ - _ John MacCauley cel C Cult 11 Af DEPARTMENT OF LABOR AND. INDUSTRIES,ft DIVISION OF INDUSTRIAL SAFETY ......... NOTIFICATION OF-ASBESTOS WORK '' •^^ (In a.ccordauce ,with, the provisious.of M.C.L. c. 149, §6 6F, ,and 453. CMR 6.12) . y , :. •• —'—•--=-All•�sections^of��this form must.be .compleced in order' toXcomplyIwith `', ` - the notification requirements .of 453 CMR 6.12 TEN llAY PRIOR' NOTIFICATION IS=REQUIRED ;OF ANY+;ABATEMENT PROJECT `1 t t GREATER THAN THREE 3 LINEAR OR SQUARE FEET ' DLL FILE,NUMBER: .. Contractor performing project Asbestos Free, Inc. License # A013 •Do prevailing„rates of wages apply to_ this project as required under Pt G.L C. 149. §26, 27 or 27F1 (circle one YES NO Address of Viol ect., Building Name (if any) J. C.- &. D Realty Street Address 117 Derby Street City Sale, MA Zip 01970 Phone 508-745-0685 Project type (circle one): DEMOLITION RENOVATION, REPAIR ` OTHER . If. Other" selected, please 'explain '. .. _.. »'i ..... . . v' \ „i, .. .. .. r{ . . `f. 1. ',0 ,"..ofir4v b„,tz,, e t.,✓C 1',>v,' Asbestos Activity,: `(circle .one): •ENCAPSULATION AS D. PBOJECT. ENCLOSURE . REMOVAL Indicate'amoar:t ofr,asbestos surface on pipes or ducts LINEAR FEET _ asbestos surface on structures other than . P,pes or:.ducts_to be ,removed, enclosed or encapsulated 20 SOUARE FF,ET Start date June 5, 1992 work hours 7 4 weekends? y %no 77 " s Completion Date June 6, 1992 +% tyx, ,. .' wr,., •i t . �= y Project Supervisor Name Frank Arsenault ;Certificate #SF06284 Asbestos Analytical Lab Name Testwell`•Craig Certificate U 000073 Name 6 Address of disposal site(s)Meadowfill Corp. Rte 2 Box 68 Bridgeport, W VA Tq anboglIns --lltraM' wrlttnii nr ..__`_l? written coam� d { �'4^bnwa tonA CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH 9 North Street ROBERT E. BLENKHORN Salem, Massachusetts 01970 HEALTH AGENT 508-741-1800 June 12,1992 J.C.and D.R.Realty Trust Robert Curran and James Bailey,Trustees 110 Derby Street Salem,MA 01970 Dear Messrs.Curran and Bailey: In accordance with Chapter 111,Sections 127A and 127B,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 1I: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of your property located at 117 Derby St.Apts.#1,#2,and#3,conducted by Virginia Moustakis and Julie Forsberg,Sanitarians of the Salem Health Department,on the morning of June 12,1992. 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 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 these violations in accordance with the enclosed report. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. 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: Robert E.Blenkhom,C.H.O. Julie Forsberg Health Agent Virginia Moustakis Sanitarian REB:jf Certified Mail P 819 902 845 cc: David Shey: Chief Administrative Aide Maurice Martineau: Building Department David Harris: Building Department Deputy Robert Turner:Fire Department Stanton Bigelow: Department of Public Works coucractor('a Norkcrf y":Compensation"-Insurer"-7Aetlia Casulty''add''Surety . R3 •c -.i-!, , Policy Number 06JC9421196880CAA ExpiratSpll Pate 12/92 y Facility OwnerJ.C. & D''Re'alty Address 110 Derby Street C1'tyi '?' 'State I MA„' r ,.i 1� ZS 01970; ,�. `1,.....•1•JQ'1•r•1 .�1 ..q `i.� 1. � of� .. :4 Description of work'practi'ccs to`be' followed: All''ACM to be"removed according to DLI-and'OSHA- specs using the,wet-method: •, Negative air: +installed, AEPA vacuumed, Final''air` testing to be done b "an:independent'-1ab. full Containment. Description of decontamination:system(s) to be used change. room 41 Description;of handling/disposal methods`to, comply. with 453 CMR '6.14(2)'(g) w« All PCM-to- be doubled-bagged in 6'•mill. -labelled"asbestos`remova.l ba Naze and address of-transporter(a) if other•-than the asbestoscontractor. Recover . Exvress: 'Inc.` as _ 197 Pnrtland Super. Rnston. MA 02114 The undersigned hereby, states, , under thq, penalties of perjury, that he/she has read• aud- understood "the :;:Commonwealth ..of .Nassachusetts"iRegulations forl��`601 Removal, Containment or Encapsulation of Asbestos, 453 CMR 6,00, and that the information-contained Lin'- this notification -is-true 'and.Correct-..to -the: best-,of_ his/her knowledge and belief. Date „June 5,'1992 Signed: yiµe _ Title: Supervisor Company: Asbestos Free, Inc. Address._4 RailrozAAyanna Wakefield, "MA 01880 < .-- _Phone 61.7 -245= tz w Please return this form to: a Asbestos Control Technical Services Department of Labor and Industries Division of Industrial. Safety r ........ 100 Cambridge Street, Room 1101 Roston, MA `.' `. 02202 _. . b049a/2," , Page 1 of S t, SALEM HEALTH DEPARTMENT 9 North Street Salem, MA 01970 State Sanitary Code, Chapter If: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: Phone: Address: I I� '� � Apt. Z Floor Z Owner: Jc- ^>ea_�j T�lSF- ' Address: — RO ✓3- l=<.Lfr-c-ccv-i o Ot-'10 Inspection Date: 10 I2 2 Time: " J t �I ✓1L(GL tpc��al�i� Conducted By: y�J ie, Accompanied By: 130 op C�w—' Anticipated Reinspection Date: Specified Reg # Violation Time 410. . . . Oo, �V-te✓ -� l�OvV i 11 io I o�.-F=i ovLC� -4a 1-t-�E✓ c6, V\ 5;0 2 ,-,,-f- Stc -7 t4 Utz +e-- V--,u.G; - � W 3fo CM130 •oc� One or more of the above violations may endanger or materially impair the health, safety and well-being r the occu n e Enforcement Inspector Este as un documento legal importante. Puede que afecte sus derech s. Puede adquidruna traduccion de esta forma. 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 Withholding(Massachusetts General laws,Chapter 239,section 8A):If Code Violations Are Not Being Corrected you may be entitled to hold back your rent 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 rent into 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. Repair and Deduct(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows you to use your rent 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 them . made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent in any year to make the repairs. 3. Retalial=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,he or she will have to show 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 Receivership(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 court 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 Habitability:You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling trait does not meet minimum standards of habitability. 6. Unfair it nd Deceptive Practices(Massachusetts General Laws,Chapter 93A):Renting an apartment with code violations is a violation of the consumer protection act and regulations,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, MA 01902 (617)599-7730 Page Z of 5 SALEM HEALTH DEPARTMENT 9 North Street Date: ,6 Salem, MA 01970 4 `r Name: Address: 11-7 Specified Reg # Violation Time 410. . . . s P I as+�c i s l�r�c so �-►-,a F-- 10.-�--� w W csx-f--; Sco vel��--Lc�c.NS hA�JE ho i�c<S� S �e Q-i-Jc fru i s 1 �avJ � Pcca vt-P-- ori Ce� I i v-� S ct�• VAI� �� ti' -F-�--Gc.Yti-,� . S=SSL-,e,�c cc,� v` l I► E� i 6 ��epi -r�,e �Slav� 'I✓to �1� a� t Pl��-,-,b� -►�1 +t;�r,-�"-, �� ,.tires. W(�R-rIS. wi �nli r�w�� Sil►S Page of / & SALEM HEALTH DEPARTMENT Date: 9 North Street Y9e Salem.MA 01970 k Name: Address: I1-7 Specified Reg # Violation Time 410. . . . F-� W Wil- i ct W CL papcf - ©v I i Wit l�s CSGr-B�t�� l6 c1� , l t i V\j - 1 S OL-vG cs cs— 1 W t-t� V L W.l avv Q�--e U-,oi- vV�szf�x-i-'i Ltfi- -f t L--� ar— VC77J nn i 41- iaa va ®M rol / - yLil / L II J L� MM ._.IL L./A ® W9911.E �l ® M /► iiiiiiiiiiiiii jjjjlllli�� / - Page S of `a SALEM HEALTH DEPARTMENT (p . (226f L 9 North Street Date: Salem,MA 01970 bgrn.d' v Name: Address: 11-7 Specified Reg # Violation Time 410. . . . . : :. :. ... . III"Wolaw1pill /.7/ III, I'M Phill 111M, III Im mi MOM Pagel of / SALEM HEALTH DEPARTMENT 1, 9 North Street 4\\ Salem, MA 01970 •.. State Sanitary Cade, Chapter If: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: VOCYovCb,-T Phone: Address: //�/ .D� /3U JT Apt. _� Floor Owner. Address: Inspection Date: TaNE U Time: H. Conducted By: t�L'l;NVm f/ XIS Accompanied By: �T�F 42,r5&-F1-- I'?0AAI1J0 c.SV��s Anticipated Reinspection Date: Specified Reg # Violation Time 410. . . . Soy LG Asa S — N S� hikit A�rrVP 0 . d S� A0, IAI lollill)lf-exis Sa6 A/ S7X� "V . /V r S — ,'V N N — lVr, One or more of the above violations may endanger or materially impair <X' hU� Vep,.,/z�/ /i,-I6eT TUQm7 the health, safety and well-being or the occupants(s). AR4we ,od6tic /�(�✓/GES S7Q = /°J16t20Grr ./�lrr�— 2Llo� Ma.u�eiGE,t%(a�e-nnre�'� /3�0� l�✓sj Code Enforcement Inspector WIQ /?�tjerjS 0551r 6G06 lN ' Este es un documento legal importante. Puede que afecte sus derechos. Puede adquidruna traduccion de esta forma. _I 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 hholdine(MassiAusetti General Laws,Chapter 239,section 8A):If Code Violations Are Not Being Corrected you may be entitled to hold back your rent 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 rent into 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. Repair and Deduct(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows you to use your rent 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 them made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent in any year to make the repairs. 3. Retiatnry Rent Increases or Eviction.,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,he or she will have to show,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 Receivership(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 lie paid into court rather than to the owner.The court 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 Habitability You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimum standards of habitability. 6. Unfair and Deceptive Practices(Massachusetts General Laws,Chapter 93A):Renting an apartment with code violations is a violation of the consumer protection act and regulations,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,MA 01902 (617)599-7730 v Page 1 of v SALEM HEALTH DEPARTMENT 9 North Street o�4M Salem,MA 01970 State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: V/aramr GQpg erm,5 ? Phone: Address: H-7 .24T6 St 51qL14n9 Apt. L� Floor Owner a._(7.7'P k r a27 V 7;C052:; Address: //0 Dh-ROV S7" Inspection Date: 6—/,R-9a. Time: A M• Conducted By: I/ Pr/NIR i1ZT910S Accompanied By: TU1/Feist R6_, 0A40 Anticipated Reinspection Date: &79k.9 Of stIevt ys Specified Reg # Violation Time 410. . . . � NS 0Vr0knAA1rt 9=i �p s c- LL N '- �i VE NT- UVOY Pfiomw v~d� N M9NAC N� e✓T 0 N Orf1 o & w d .v .1v T One or more of the above violations may endanger or materially impair the health, safety and well-be'n or the occupants(s). Code Enforcement Inspector Este es un documento legal importante. Puede que afecte sus derechos. Puede adquiriruna traduccion de esta forma. 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 Withholding(Massachusetts General Laws,Chapter 239,section 8A):If Code Violations Are Not Being Corrected you may be entitled to hold back your rent 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 rent into 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 iia and Deduct(Massachusetts General Laws,Chapter 111,section 127L):Ile law sometimes allows you to use your rent 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 them made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent in any year to make the repairs. 3. Reta_tial=Rent Increases or Evictions Prohibi (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,he or she will have to show 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 Receivership(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 court 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 Habitability: You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimum standards of habitability. 6. Unfair and Deceptive Practices(Massachusetts General Laws,Chapter 93A):Renting an apartment with code violations is a violation of the consumer protection act and regulations,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,MA 01902 (617)599-7730 / r / / -- Pill -- - . Ti iii I / i/ r( A r M/ : MAIN IN I i i Page a of SALEM HEALTH DEPARTMENT r Date: 9 North Street Salem.MA 01970 Name: 1612AIL a� Address: //�s/?/4 i 's-f- #3 Specified Reg # Violation Time 410. . . . OvIE 7Z-) A✓ ni e.J 671E d 3 ri/ -040 O /V41 7AI i /p 48L-vck N n/E U a",(M EUr OALEM PUBLIC PROPERTY DEPARTMENT KIMSFALEY DRISCOLL MAYOR 120 WASHINGfON S'IREEI 0$A{y:K MASSACJ1l;Shl'IS 01970 TEL-978-745-9595•F=978-740-98" APPLICATION FOR THE REPAIR, RENOVATION, CONSTRUCTION. DEMOLITION. OR CHANGE OF USE OR OCCUPANCY, FOR ANY EXISTING STRUCTURE OR BUILDING 1.0 SITE INFORMATION Location Name: Building: Property Address: t1� Property is located in a; Conservation Area Y/N Historic District Y/N 2.0 OWNERSHIP INFORMATION 2.1 Owner of Land Name: 05-;* tom_ iL Address: Telephone: 3.0 COMPLETE THIS SECTION FOR WORK IN EXtSMbL a BUILDINGS ONLY Addition Existing Renovation Number of Stories Renovated Change in Use New Demolition Existing Approximate year of Area per floor (so Renovated construction or renovation of existing building New Brief Description of Proposed Work: Mail Permit to: What is the current use coof,the Building? � Material of Building? `�a�C V--� If dwelling, how many units? Will the Building Conform to Law? � Asbestos? Architect's Name ��*Aly Address and Phone Mechanic's Name Address and Phone- kN?7G; Construction Supervisors License#�So27�D HIC Registration# Estimated Cost of Project$ Z) C)p,f:) Permit Fee Calculation Permit Fee $ Estimated Cost X$7/$1000 Residential Estimated Cost X$11/$1000 Commercial An Additional$5.00 is added as an Administrative charge. Make sure that all fields are properly and legibly written to avoid delays in processing. The undersigned does hereby apply for a Building it to uil o the above stated specifications. Signed under penalty of perjury /� Date 9 > \ L a C -- - W - - - or _-_-