53 DOW STREET - BUILDING JACKET 53 DOW STREET
i ,
`1 � r
(Mg Of li�atrm' malisar4usetts
Public Prnpertg Bepartment
+iguilbing Bepartment
(One Salem (4reen
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
March 18, 1993
To the Honorable City Council
City of Salem
RE: 53 Dow Street (R-3)
Dear Councillors:
In the company of Stanton Bigelow, City Engineer and Rene Lamarre, a
contractor, I made an inspection of the above referenced property. An
inspection was also made by the Fire Inspector, Norman LaPointe. It was
unanimously concluded the building is structurally sound.
There was some fire damage in one of the basement units and the fire
was contained in the basement. It may be necessary to replace floor joists
but there was no structural damage done to the main joists.
Respectfully,
Leo E. Tremblay
Inspector of Buildings
LET:bms
cc: Mayor Harrington
Rene Lamarre, 20 Oak View Ave.
Stanton Bigelow, Engineer
Norman LaPointe, Fire Inspector
Tito of 11*Utem. massar4usetts
n
Publit Prnpertq Department
gyp ' Nuilbing Department
(One Salem Green
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building March 22, 1993
Zoning Enforcement Officer
First Commercial Mortgage Co.
Capitol & Broadway
Little Rock, Ak 12201
RE: 53 Dow St. , Salem, Massachusetts 01970
Gentlemen:
In my capacity as Inspector of Buildings for the City of Salem, I made
an on site inspection of the above referenced property which, according to
the records in the Assessors Office, is owned by your company. With the
exception of the property being an eyesore as well as being easily
accessible to undesirables, the building is structurally sound. This
building should be rehabed to help alleviate some of the housing problems
in this area.
I spoke with James Armstrong of the City of Salem Planning Department
regarding this situation to inquire as to what type assistance might be
available to assist in restoring or perhaps selling the property. He did
inform me that there may be some type of program available to assist you
and to help you make a timely decision on this property. You may reach Mr.
Armstrong at City of Salem Planning Department, One Salem Green, Salem, MA
01970 or call him at (508)745-9595 ext.307.
It is in the best interest of all concerned that this situation be
resolved in a timely fashion. I thank you in advance for you prompt and
courteous attention and please feel free to contact this office if I can be
of any further assistance.
Sincerely, �^ J
:.�4GY7
Leo E. Tremblay
Inspector of Buildings
cc: Councillor Nowak, Ward 1
James Armstrong, Planning Dept.
A RST
COMMERCIAL
MORTGAGE
COMPANY
March 29, 1993
City of Salem Massachusetts
Attn: Mr. Leo E. Tremblay
Building Department
City Hall Annex
One Salem Green
Salem, Massachusetts 01970
RE: 51-53 Dow Street
FCMC Acct #258925
Dear Mr. Tremblay:
This letter is to acknowledge receipt of your correspondence of
March 22, 1993, and to advise you of the steps being taken in
regards to the above captioned property.
As you know this was a fire loss dating back to July of 1991.
The property had been foreclosed .on by Fidelity Guarantee
Mortgage Company and should be the holder of record at this
time.
Fidelity Guarantee Mortgage Company (FGMC) filed Chapter 7
Bankruptcy on October 27, 1992, in Boston, Massachusetts. They
had previously sold the loan (prior to foreclosure) to Federal
Home Loan Mortgage Company (FHLMC) . FHLMC was not told by FGMC
of the foreclosure action nor of the fire. In November of 1992
First Commercial Mortgage Company (FCMC) acquired the servicing
rights to all the FHLMC loans previously serviced by FGMC.
I'm giving you this bit of history because, at this point,
technically Fidelity Guarantee and their Chapter 7 Bankruptcy
Trustee are the owners of this property. We are in the process
of obtaining a special warranty deed to transfer that title to
FHLMC.
We have secured the property by boarding it up, and have hired a
realtor in your area to obtain estimates from local contractors
to repair the property to meet all codes and requirements of the
City and Health Department.
We are trying to resolve this matter in a timely manner, however
with the bankruptcy being involved it will not go as quickly as
anyone would like.
P.O. BOX 626 LITTLE ROCK, ARKANSAS 72203 (501) 371-7300
WATS 1-800-482-8455
Be advised that we have been in touch with the Salem Fire Chief
and with the Salem Health Department to keep the present
situation with the property from getting any worse. At present
we are having the property inspected weekly to keep it secured
and to try to keep any further vandalism from occurring.
Should you have any further questions or need any further
information regarding this situation please contact me at
(501)371-6687.
Sincere y,
aine R r-
Loan Servi ing of icer
cc: Mr. James Armstrong
City of Salem Planning Department
Kent Fitzgerald
FHLMC
CITY OF SALEM
i
3 a
In City Council, February 11, 1993
Ordered:
That the Building Inspector form a Board of Survey and inspect
the building at 53 Dow Street and take the necessary action and be it
further ordered that the Historic Commission be notified of your
findings.
IN City Council February 11, 1993
Adopted
Approved by the Mayor on February 23 1993
ATTEST: DEBORAH E. BURRINSHAW
CIT`i %LFRX
132A^§ 11 MUNICIPAL FINANCE LAWS
project under said program in such amount,as he available funds or have voted to expend from its
shall determine to be equitable in consideration of conservation fund, under clause fifty-one of sec-
anticipated benefits from such project, but in no tion five of chapter forty, an amount equal to the
event shall the amount of such reimbursement total cost of the project, nor until the project has
exceed eighty per cent of the cost of such project. been completed, to the satisfaction of the secre-
No reimbursement shall be made hereunder to a Lary, in accordance with said approved plans.
city or town unless a project application is filed by Any reimbursement received by a city or town
such city or town with the secretary setting forth under this section shall be applied to the payment
such plans and information as the secretary may of indebtedness, if any, incurred in acquiring land
for such conservation project.
require and approved by him, nor until such city Added by S1.1960, c. 517. Amended by St.1966, c. 179;
or town shall have appropriated,transferred from St.1975, c. 706, §§ 268, 269; St.198L c. 149,
I
CHAPTER 139
COMMON NUISANCES
BURNT OR DANGEROUS BUILDINGS years from the first day of October next following
the date of such filing. Such lien may be dis-
§ 3A. Demolition or removal of building or solved by filing with the register of deeds for
structure or securing of vacant land;
owner's liability county
or registration, as the case may be, in the
county or in the district, if the county is divided
If the owner or his authorized agent fails to into districts, where the land lies, a certificate
comply with an order issued pursuant to section from the collector of the city or town that the debt
three and the city or town demolishes or removes for which such lien attached, together with inter-
any burnt, dangerous or dilapidated building or est and costs thereon, has been paid or legally
structure or secures any vacant parcel of land abated. Within a reasonable time after malting
from a trespass, a claim for the expense of such the claim the mayor or the board of selectmen
demolition or removal, including the cost of level-
shall certify to the assessors the list of claims
ing the lot to uniform grade by a proper sanitary upon the land therein who shall forthwith commit
fill, or securing such vacant parcel shall constitute such claims with their warrant to the collector of
o f demolition, removal, or securing and the ren-
debt due the city or town upon the completion Lazes thereof, and be shall forthwith send notice
o .
dering of an account therefor to the owner or his in accordance,except as to the date of notice,with
authorized agent, and shall be recoverable from section three of chapter sixty, to the person who
such owner in an action of contract. was liable to assessment therefor on the preceding
Any such debt, together with interest thereon at January the first under the provisions of chapter
the rate of six per cent per annum from the date fifty-nine as the owner of each parcel assessed,
such debt becomes due, shall constitute a lien on and any demand for payment of such claim shall
the land upon which the structure is or was locat- be made upon such person. Such collector shall
ed if a statement of claim,signed by the mayor or have the same powers and be subject to the same
the board of selectmen, setting forth the amount duties with respect to such claim as in the case of
claimed without interest is filed, within ninety the annual taxes upon real estate, and the provi-
days after the debt becomes due, with the register sions of law relative to the collection of such
of deeds for record or registration, as the case annual taxes, the We or taking of land for the
may be, in the county or in the district, if the nonpayment thereof, and the redemption of land
county is divided into districts, where the land so sold or taken shall apply to such claim.
lies. Such lien shall take effect upon the filing of Added by St.1970, c. 649, § 4. Amended by St.1984, c.
the statement aforesaid and shall continue for two 166, § 2.
7
.t
434
ADMINISTRATION AND ENFORCEMENT
SECTION 123.0 UNSAFE STRUCTURES
123.1 Inspection: The building official immediately upon being informed by report
or otherwise that a building or other structure or anything attached thereto or
connected therewith is dangerous to life or limb or that any building in that city or
town is unused, uninhabited or abandoned, and open to the weather, shall inspect
the same; and he shall forthwith in writing notify the owner to remove it or make
it safe if it appears to him to be dangerous, or to make it secure if it is unused,
uninhabited or abandoned and open to the weather. If it appears that such
structure would be especially unsafe in case of fire, it shall be deemed dangerous
within the meaning hereof, and the building official may affix in a conspicuous place
upon its exterior walls a notice of its dangerous condition, which shall not be
removed or defaced without authority from him.
123.2 Removal or making structure safe: Any person so notified shall be
allowed until twelve o'clock noon of the day following the service of the notice in
which to begin to remove such building or structure or make it safe, or to make it
secure, and he shall employ sufficient labor speedily to make it safe or remove it or
to make it secure; but if the public safety so requires and if the mayor or selectmen
so order, the building official may immediately enter upon the premises with the
necessary workmen and assistants and cause such unsafe structure to be made safe
or demolished without delay and a proper fence put up for the protection of
passersby, or to be made secure.
SECTION 124.0 EMERGENCY MEASURES
124.1 Failure to remove or make structure safe, survey board, survey report:
If an owner of such unsafe structure refuses or neglects to comply with the
requirements of such notice within the specified time limit, and such structure is not
made safe or taken down as ordered therein, a careful survey of the premises shall-7
ibemade by a board consisting; in a city, of a city engineer, the head of the fire)
department, as such term is defined in.-Section, 1 of Chapter 148 of the s
Massachusetts General Laws Annotated, as amended, and one disinterested person'
Ito�be appointed by the building official; and, in a town, of a surveyor, the head of
1.
,the fire department and one disinterested person to be appointed by the building
official. In the absence of any of the above officers or individuals, the mayor or
selectmen shall designate one or more officers or other suitable persons in place of
the officers so named as members of said board. A written report of such survey
shall be made, and a copy thereof served on such owner.
124.2 Removal of dangerous or abandoned structures: If such survey report
as outlined in Section 124.1 declares such structure to be dangerous or to be unused,
uninhabited or abandoned, and open to the weather, and if the owner continues
such refusal or neglect, the building official shall cause it to be made safe or taken
780 CMR - Fifth Edition 1-25
THE MASSACHUSETTS STATE BUILDING CODE
down or to be made secure; and, if the public safety so requires, said building official
may at once enter the structure, the land on which it stands or the abutting land or
buildings, with such assistance as he may require, and secure the same; and may
remove and evict, under the pertinent provisions of Chapter 239 of the
Massachusetts General Laws Annotated as amended, or otherwise, any tenant or
occupant thereof; and may erect such protection for the public by proper fence or
otherwise as may be necessary, and for this purpose may close a public highway. In
the case of such demolition, the said building official shall cause such lot to be
levelled to conform with adjacent grades by a nonorganic fill. The costs and charges
incurred shall constitute a lien upon the land upon which the structure is located,
and shall be enforced in an action of contract; and such owner shall, for every day's
continuance of such refusal or neglect after being so notified, be punished by a fine
in accordance with Section 121.4. The provisions of the second paragraph of Section
3A of Chapter 139 of the Massachusetts General Laws Annotated as amended,
relative to liens for such debt and the collection of claims for such debt shall apply
to any debt referred to in this section, except that the said building official shall act
hereunder in place of the mayor or board of selectmen. During the time such order
is in effect, it shall be unlawful to use or occupy such structure or any portion
thereof for any purpose.
124.3 Remedy of person ordered to remove a dangerous structure or make
it safe: An owner, aggrieved by such order may have the remedy prescribed by
Section 2 of Chapter 139 of the Massachusetts General Laws Annotated as
amended; provided that any provision of said Section 2 shall not be construed so as
to hinder, delay or prevent the building official from acting and proceeding under
Section 124.2; and provided, further, that this section shall not prevent the city or
town from recovering the forfeiture provided in said Section 124.2 from the date of
the service of the original notice, unless the order is annulled by the jury.
125.0 RESERVED
SECTION 126.0 BOARD OF APPEALS
126.1 State Building Code Appeals Board: Whoever is aggrieved by an
interpretation, order, requirement, direction or failure to act under this code by any
agency or official of the city, town or region, or agency or official of the State
charged with the administration or enforcement of this code or any of its rules or
regulations, excepting any specialized codes, may appeal directly to the State
Building Code Appeals Board as provided in Section 126.0.
Whoever is aggrieved by an interpretation, order, requirement, direction or
failure to act under this code by any agency or official of a city, town or region
charged with the administration or enforcement of this code or any of its rules and
1-26 780 CMR - Fifth Edition
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
Salem, Massachusetts 01970
- ROBERT E BLENKHORN 9 NORTH STREET
HEALTH AGENT - -
(617) 741.1800
DATE: September, 6, 1991 ( �V
Christopher Haight cn
n
11 Salem Street =
0,
Salem, MA 01970 W
Dear Sir/Madam: W 1
In accordance with Chapter Ill, Sections 127A and 127B, of the- Massachusetts.L
General Laws, 105 CMR 400.00: State Sanitary Code, Chapter .I: General Wdmins-
istrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter II:
Minimum Staadards:of_Fitness=f--or-Human-Habitatioin, an inspection was made of
your property at 53 Dow Street Apt. 12 in the City of Salem
occupied b97 , Claribel'Gonzales - This inspection was conducted
by Virginia Moustakis Tenant& NSCAP of the Salem Health Department, on
915/91. @ 3:30 p.m. Representative Candi
" 1
NOTICE: If this rental unit is occupied by a child or children under the age of
61'years, iti is the property owner's- responsibility. to ensure that this
unit complies fully with 105 CMR 460-:000: "Regulations for Lead Poiod-
ing Prevention and Control." For further information or to request an
inspection, contact the Childhood Lead Poisoning Prevention Program at
1-B00-532-9571 . „
Based on tenant/NSCAP complaint -of no,hot water or operating stove, an inspection
was. conducted in accordance with State Sanitary Code, Chapter II, 105 CMR 410.000
"Minimum Standards of Fitness for Human Habitation". The following were noted:
24 HOurs No hot water, no operating stove, as result of gas leak Monday.
September 2, 1991. Gas service to 51/53 Dow Street has been shut
off by Boston Gas & Mrs. Gonzales, first floor tenant and Sonia
Mejia second floor tenants have been without hot water and operating
stoves and both have children.
Owner responsibility to employ services of Licensed Plumber to
make all repairs necessary to reinstate service immediately.
Our records indicate that the violations cited in our August 19, 1991
Report remain uncorrected.
.astemE;t„
.. fzY "
SAtFM HEALTH 6EPARTMENT September 6, 1991 Page 2 of 2
4 North Streat
Salerrp MA O19T0
Tenant(s) Claribel Conzales
Property in Salem at
To: Christopher HaiAr 53 Dow Street Apt. 12
11 Salem Street
Salem- MA 01970
Also noted that #51 Dow Street appears not secured which must
be remedied immediately.
C-)
C:) o <r: r
i - 1
rv3 C1.5
CJ s..t7u ri
ONE OR MORE OF THE ABOVE VIOLATIONS MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH,
SAFETY AND WELL-BEING OF THE OCCUPANTS.
Failure onyourpart to comply within the specified time will result in a complaint
being sought against you_.fn Sald4t*sdrict 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 seven (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,
ozders and other' documentary information imthe 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. BLENKHORN, C.H.Q. VIRGINIA MOUSTAKIS +.
Health Agent SANITARIAN
Certified Mail 0 . P-417-244-786
enc. Inspection Report
cc: Tenant` _ Bldg. Inapactar _ Electrical fnSpector Ptum6igg b Gas„ inspec.to
_ Fire Dept. u City Councillor
Este es un documento legal importante• Puede que afecte sus derechosc'=
-4
..
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
Salem, Massachusetts 01970
ROBERT E BLENKHORN 9 NORTH STREET -
HEALTH AGENT ..
(617) 711.1800
DATE: September. 6, 1991
_Christopher Haight
11 Salem Street
Salem, MA 01970
Dear Sir/Madam:
In accordance with Chapter 111, Sections 127A and 127B, of the`Massachusetts
General Laws, 105 CMR 400.00: State Sanitary Code, Chapter _I: General Admin=
istrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter II:
Minimum Standards of Fitness for Human Habitation, an inspection was made of
your property at 53 Dow Street Apt. 12 in the City of Salem
occupied bf Claribel Gonzales This inspection was conducted
by Virginia Moustakis Tenant 6 NSCAP of the Salem Health Department, on
9/5/91. @ 3:30 p.m. Representative Candi
� 1
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 46V�000: "Regulations for Lead Poion-
ing Prevention and Control." For further information or to request an
inspection, contact the Childhood Lead Poisoning Prevention Program at
1-800-532-9571.
Based on tenant/NSCAP complaint of no hot water or operating stove, an inspection
was conducted in accordance with State Sanitary Code, Chapter II, 105 CMR 410.000
"Minimum Standards of Fitness for Human Habitation". The following were noted:
24 HOurs No hot water, no operating stove, as result of gas leak Monday.
September 2, 1991. Gas service to 51/53 Dow Street has been shut
off by Boston Gas 6 Mrs. Gonzales, first floor tenant and Sonia
Mejia second floor tenants have been without hot water and operating
stoves and both have children.
Owner responsibility to employ services of Licensed Plumber to
make all repairs necessary to reinstate service immediately.
Our records indicate that the violations cited in our August 19, 1991
Report remain uncorrected.
SALEM HEALTH DEPARTMENT September 6, 1991 page 2 of 2
9 North Street
Salem, MA 41974 Tenant(s) Claribel Gonzales
Property in Salem at
To: Christopher Salem St eetR�iC 53 Dow Street Apt. 12
ll Salem Street
Salem, MA 01970
Also noted that #51 Dow Street appears not secur@d which must
be remedied immediately.
ONE OR MORE-OF THE ABOVE VIOLATIONS MAY ENDANGER OR 14A.TERIALLY IMPAIR THE HEALTH,
SAFETY AND WELL-BEING OF THE OCCUPANTS.
Failike on your part to comply within the specified time x111 result in a complaint
being sought against you_-t;n SalAm=2 sttict 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 seven (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 wby 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 otherdocumentary information irr 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. BLENKHORN, C.H.O. VIRGINIA MOUSTAKIS ,,.`
Health Agent SANITARIAN
Certified Mail G , P-417-244-786 & �`
xa a
end. Inspection Report �,-
➢ti''l
cc: Tenantx _ Bldg. Inspector — Electrical spector PlumWq s Gas -inspeetar�
_ Fire Dept. _ City Counci or �
Este es un documento legal importante• Puede que afecte sus derechos' ' . .j� '+ �4,., s+°h•`i
. CO
t��Wns dna
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
9 North Street
ROBERT E. BLENKNORN Salem,Massachusetts 01970
HEALTH AGENT /�,.,���,,��
508-741-1800 October 7, 1991
Fidelity Guaranty Mortage Corporatian
14 Harvard Avenue
Allston Station
Boston, Ma 02134
Attention Mr. Doug Penly, Asset Manager
Gentlemen:
Per our phone conversation 10/7/91, we are enclosing herewith copies-of_inspection
reports and other correspondence relative to property At 51-53Dvw Street in Salem
that is being foreclosed by your bank tomorrow, 10/8/91.`
As we discussed, the tenants of.aparbwnts #1 and #2 of 53 Dow Street have been
without heat, hot water and cooking'•facilities, .as the result of a fire on July 3,
1991 and a gas leak on September 2, 1991.
Since our phone conversation, I have been told that these tenants at 53 have been
relocated. Please investigate and if that is so, secure the building while repairs
are taking place.
Please .be advised that'prtor to reinstating these tenants, or prior to rental to any
new tenants, inspections must be conducted by this department.
Also, as we mentioned, please oontact Assistant Municipal Pllsrbing/Gas Inspector
Dennis Ross at(508)745-9595 Ext. 381.
Also, please contact Building Inspector David Harris regarding the securing and
structural problem of this building:. He can be reached at the same phone number.
If you have any questions, please call this office.
Thank you for your cooperation.
Very truly yours,
FOR THE BOARD OF HEALTH REPLY TO:
R
ROBERT E. BIEiVKHOINf C.H. VIRGD A MOUSTAKIS
Health Agent Sanitarian
E NU-S.
REB/9
cc: Dennis Ross cc: Dave Harris
cc: Norman LaPointe, Fire Prevention.
� 1
i
CITY OF SALEM HEALTH DEPARTMENT c1 CID
BOARD OF HEALTH {�
9 North Street o c)
ROBERT E.BLENKHORN Salem,Massachusetts 01970
HEALTH AGENT v-r*ry c,
7, 1991
508-741-1800 October
v
Fidelity Guaranty Mortage Oorporation
14 Harvard Avenue
Allston Station
Boston, Ma 02134
Attention Mr. 'Doug Penly, Asset Manager
Gentlemen:
Per our phone conversation 10/7/91, we are enclosing herewith-.copies of inspection
reports and other correspondence relative to property at 51-53 Dow Street in Salem
that is being foreclosed by your bank tomorrow, 10/8/91 �
As we discussed, the tenants of apartments #1 and #2 of 53 Dow Street have been
without heat, hot water and cooking'•facilities, as the result of afire on July 3,
1991 and a gas leak on September 2, 1991.
since our phone conversation, I have been told that these tenants at 53 have been
relocated.. Please investigate and if that is so, secure the building while repairs
are taking. place.
Please .be advised that prtsr to reinstating:these tenants, or prior to rental to any
new tenants, inspections must be conducted by this department.
Also, as we mentioned, please contact Distant Municipal Plumbing/Gas Inspector
Dennis Ross 'at(508)745-9595 Ext. 381.
Also, please contact Building Inspectat"Dav;d Harris regarding the securing and
structural problems of this building. He can be reached at the same phone number.
If you have any questions, please call this office.
Thank you for your cooperation.
Very truly yours,
FOR THE BOARD OF HEALTH REPLY TO:
R e
R(.1= E. BLENKHORN, C.H. VIRGINIA MUJSTAKIS
Health Agent Sanitarian
E NUS.
REB/g
"
..,, cc: Dennis Ross cc: Dave Harris
cc: Norman LaPointe, Fire Prevention
I ,
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
Salem, Massachusetts 01970
ROBERT E. BLENKHORN 9 NORTH STREET
HEALTH AGENT
(617) 741-1800
DATE: AUGUST 19., 1991
MR. CHRISTOPHER HAIGHT
11 SALEM,STREET
SALEM, MA 01970
Dear Sir/Madam:
In accordance with Chapter 111, Sections 127A and 127B, of the Massachusetts
General Laws, 105 CMR 400.00: State Sanitary Code, Chapter .I: General Admin-
istrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter II:
Minimum Standards of Fitness for Human Habitation, an inspection was made of
your property at4c-53 DOW STREET, ill in the City of Salem
occupied by CLARIBEL GONZALES This inspection was conducted
by VIRGINIA E. MOUSTAKIS ACCOMPANIED BY of the Salem Health Department, on
8/15/91 AT 9:30 A.M. TENANT
NOTICE: If this rental unit is occupied by a child or children under the age of
6 years, ifis the property owner's responsibility to ensure that this
unit complies fully with 105 CMR 460.000: "Regulations for Lead Poion-
ing Prevention and Control." For further information or to request an
inspection, contact the Childhood Lead Poisoning Prevention Program at
1-800-532-9571 .
BASED ON TENANT COMPLAINT, AN INSPECTION WAS CONDUCTED AND THE FOLLOWING NOTED:
24 HOURS . 190/.350
No hot water in apartment (or 2nd floor apt.) as result of July 3, . 1991
fire. Owner must reinstate hot water.
'5 DAYS .351
Ceiling light fixture missing protective cover - provide.
20 DAYS .500
Linoleum in kitchen, bathroom, and small hallway is worn and cracked,
constituting trip hazards - repair or replace.
24 HOURS .480
Back main entry door does not have primary locking device which is
mandated.
SALEM HEALTH DEPARTMENT HAIGHT
° 9 North Street 53 DOW STREET
Salem,:MA 01970 PAGE 2
VIOLATIONS -(continued)
24 HOURS .501
Same door missing portion of window pane - replace.
BATHROOM
24 HOURS .500
Stained ceiling. Evidence of leaking. Investigate source and repair.
Employ services of licensed plumber and forward copy of service invoice
to this department.
SMALL HALLWAY
24 HOURS .482 .
Smoke detector is inoperable - repair or replace immediately.
MASTER BEDROOM
24 HOURS: .480,
No operating locks on-windows - provide.
CHILD'S ROOM
5 DAYS .351
Ceiling light fixture missing cover - provide.
LIVINGROOM
5 DAYS .501
Living room window has broken pane - replace.
CELLAR
24 HOURS BUILDING INSPECTOR/ZONING
There is a sofa bed on floor. Tenant states 2 persons are sleeping there.
Also noted were many cigarette butts` . Owner responsibility to evict these
persons immediately that are creating serious fire hazards in a building
that had a fire in July 1991.
5 DAYS .500
There is no door from tenants apartment (removed at time of fire) replace.
24 HOURS .480
2 Persons known or unknown sleeping in cellare are entering through another
door. This must be secured at once.
3 DAYS .500
Interior of cellar in structural disarray with wiring all around and filled
with debris, another potential fire hazard - clean and remove debris.
EXTERIOR
5 DAYS .503
Hand rails at front stairs are loose and falling and must be replaced or
repaired.
o SALEM HEALTH DEPARTMENT HAIGHT
9 North Street 53 DOW STREET
Salem,:MA 01970 PAGE 3
m
VIOLATIONS -(continued)
EXTERIOR CONTINUED
48 HOURS .602
Large accumulation of miscellaneous paper, glass, garbage and other debris
around the building, on sidewalk and gutter area. Large accumulation of
overgrowth grass, weeds, etc. Owners responsibility to remove all debris,
cut overgrowth and maintain area.
7 DAYS .550
Tenant complaint mice/roaches. Employ services of licensed exterminator
with a copy of the service invoice to this Department.
FIRST FLOOR FRONT HALLWAY
15 DAYS .500
Cracked plaster in ceiling. -_ Heating unit in disrepair, holes in walls.
Owner responsibility _to scrape and patch all holes and cracks- also
restore heating unit to original condition.
BY COPY OF THIS REPORT TO FIRE PREVENTION BUREAU, BUILDING INSPECTOR, ELECTRICAL
DEPARTMENT, WE ARE REQUESTINGTHEIR ASSISTANCE WITH REGARD TO THIS BUILDING
LEFT UNTOUCHED SINCE JULY 1991 FIRE, - OCCUPIED BY UNAUTHORIZED PERSONS,
STRUCTURAL DAMAGE AND SERIOUS POTENTIAL FIRE HAZARDS.
PLEASE BE ADVISED THAT UNLESS IMMEDIATE CORRECTIVE ACTION IS TAKEN, A COMPLAINT
WILL BE FILED IN SALEM DISTRICT COURT.
Wp a SALEM HEALTH DEPARTMENT HAIGHT
a s
9 North Street 53 DOW STREET
Salem, MA 01970 PAGE 4 OF 4
Y .
ONE OR MORE OF THE ABOVE VIOLATIONS MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH,
SAFETY AND WELL—BEING OF THE OCCUPANTS.
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 seven (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. Pleasealsobe 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. BLENKHORN, C.H.O. VIRGINIA E. MOUSTAKIS
Health Agent SANITARIAN
REB/BAS
Certified Mail 11 P 417 244 036
SEE ENCLOSED COPY OF SECTION F-502 OF STATE FIRE CODE.
cc: Tenant X BUILDING INSPECTOR/ZONING X NORMAN LAPOINTE, FIRE PREVENTION BUREAU
ELECTRICAL DEPARTMENT
Este es un documento legal importante. Puede que afecte sus derechos.
EM HEALTH DEPARTMENT e o
a 9 North Street e
Salem, MA 01970
STATE SANITARY CODE, CHAPTER II: 105 CMR 410.000
"MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION "
OCCUPANT: ^p�l?�P/_ �jy /'J1J'/ S PHONE:� w
ADDRESS:���/�{/ cS� APT._JFLO(O�R�_
OWNER: � d7R ADDRESS: �I JQl/?7J
. 7
L ln.. a al 9 7
INSPECTION DATE: L_JJ_9J TIME:�3a rri
CONDUCTED BY: OvSfaK�.S ACCOMPANIED BY: 7laN/
ANTICIPATED REINSPECTION DATE:
SPECIFIED
TIME ►11 . :.. VIOLATION
oN S
CL � D !� .✓ .y1 c/ ..r
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One or more of the above violations may endanger or materially
impair the health, safety and well-being of the occupant(s)
Signed and certified unde the pains and lties of perjury
elfA /A
CO FORCEMENT PECTOR
Este es un documento legal importante. Puede que afecte sus derechos.
Puede adquiriruna traduccion de esta forma.
APPENDIX Ii (14)
Legal Remedies for Tenants of
Residential Housing
THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THF: LEGAL. REMEDIES TENANTS-MAY USE IN ORDER TO GET
HOUSING CODE VIOLATIONS CORRECTED.
1, Rent Withholding(General Laws Chapc<r 239 S<ction +3A) -
ff Code Yrafutr'aas erre Kar Being Corrected you mai- be <ndt.ed to hold back your rent payments. You can do this w.;hout being
evicted if:
A. You can prove that your dwelling unit or cornirion areas contain code violations which are serious enough to endanger'or materi-
illy Impair your health or safety and that your landlord kncu-about the violations before you were behind in your rear.
13. You did not cause the,viola;ions and they can be repaired.while y^u continue to live ill the building-
C. You are prepared so pay any portion of the rent into court if a judge orders you to pay it.(For this it is best to put"the react money
aside in a safe placc.l
2. Repair and_Deducr(GeneraL La ws Chapter,II I Section 127L).:-
The law sometimes allowsyou tense your tent money to make the repairs yourself. If your local code enforcement agency certifies,that
there are code violations which'endanger.ormaterially impair your health,safety or well-being and your landlord has received written notice ..
of-the violation you maybe able to.use this remedy.`If the owner,fails to begin necessary repairs(or to enter into a wrirten contract to have
them.made)within five days after notice onto complete repairs within 14 days after notice you can use up to four months`rent in any year to -
"make,the repair
s.
3. Retaliatory Rent,Increases or Evictions Prohibited(Generat taws Chapter 186,Section l3 and Chapter 239 Sect ion 2A).
The owner may,no tncicase your tcnr or evict you in retaliation for making a complaint to your local code enforcement agency about
,code violations- if the owner ra;scs-"your:rent or 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 if he or she
tries this.
Rent Receivership(General laws Chapter III ,Sections 127C-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;ban to
the owner.The courtmay,then appoint-a;'receiver"who may spend as much of the rent money as is needed to correct the violation. The re-
ceiver is not subject to a spending limitation of four months'rent..
5.' Breach of Warrant of Habitability,
You may be cranked to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimum stand-
ards of habitability. .. -
6. , Unfair and Deceptive Practices(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 CAN-
NOT AFFORD TO CONSULT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGALSERVICES OFFICE WHICH IS:
Neighborhood Legal Services 1-617-599-7730
r .? (NAM£) ^-- -• - - - - -(TEl-£QHOP�•E NUMBER)
37 Friend St. Lynn Ma 01902
(ADDRESS)-
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9 North Street
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SPECIFIED REG. #
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entering the exhaust duct,and associated cicciri- or additions. The code official shall be notified
—eal controls, before disconnection and interruption of protec-
lialogenated extinguishing agents: A tion, testa, repairs, alterations or additions arc
halogenated compound is one which cootains one started and upon its. completion, and shall be
or more atoms of an element from (he halogen advised of the extent of and reason for such work.
chemical series:.fluorine, chlorine, bromine and Therestorationo(thcprotcctionshallbediligcnt-
iodine. Halogenated extinguishing compounds ly pursued.
shall be restricted to the following: L Halon 1211, +5021 Unsafe buildings: When any required
bromochlorodifluoromcthane, CBrCIF2; or 2. .!.' fire alarm,fire communication,fircextinguish-
Halon 1301,bromotrifluoromethane,CBrF3. ing, fire detecting, first-aid fire fighting system,
Halogenated extinguishing system:A system of device or unit or part thcreofbecomcs inoperative
pipes,nozzles and an actuating mechanism and a and affects(he fire safctyaf abuildingoi structure
r container of ha(pgenated agent under pressure. or the occupants therein, the code official shall
Local systemy: Any idarm activating devisee ordcrthcsystem,unit ordcvice tobe repaired and
which sounds on the premises only and is not returned to service or a paid fire department fire
connected t an approved location. watch is established or the Code official shalt
Manual fire alarm system: An interior alarm order the building vacated.
system composed of sending stations and signal- '5023 502.E Building under construction: The
ing devices in a building,operated_on an electric JI-' standpipe system shall be carried up with each
circuit so arranged that-the operation of any one floor and shall be installed and ready.for use as
station will ring ail signals throughout the building each floor progresses as required by the State
and at one or more approved locations. Building code listed in Appendix A. Standpipes
Riser. The vertical supply pipes in a sprinkler shall not be more than one floor below the highest
system or standpipe system, forms or staging.
Sprinkler alarm system:An alarm activated by �,� 502,4 Vacant buildings: Vacant or unoc-
waterflowfrom asprinkler system. Jl' cupied buildings or portions thereof shall
Standpipe: A wet or dry pipe Sine, extending maintain all required sprinkler and standpipcsys-
from the lowest to the topmost story of a building tems and all component parts in a workable con-,
or structure, equipped with a shutoff valve with dition at all times. Fire alarm systems shall be
hose outlets at every story. maintained in operating condition at all times.
Wet system:Asapplicd-lowatcrfire suppression '{�,+ 5025 Building under demolition: When a
systems shall mean a system which is filled with �4'building is being demolished and a standpipe
water and connected to a permanent water supply or sprinkler system is existing within said building,
under pressure so that water is discharged imme- such standpipe and/or sprinkler system shall be
diately from sprinklers opened by a fire or from maintained in an operable condition so as to be
open hose outlet valves, available for use by the fire department. Such
standpipe and/or sprinkler system shall be
SECTION F-502.0 PROTECTION demolished with the building,but in no case shall
MAINTENANCE the -system, or systems, be more than one fluor
F5021 Genernh, All fire protection systems, below the floor being demolished.
devices, units, and service equipment which 502.6 Existing non required equipment: Ex-
were installed in compliance with any law,_or- Fisting non-required fire protection systctus,
dinance or order,shall be maintained in as opera- devices,units anti service equipment that does not
live condition at all times,and it shall be unlawful conform to current code requirements shall con-
for any owner or occupant to reduce the effective- tinue in scrsicc without alteration provided the
ness ofthe protection so required;except thisshall system, device, unit or equipment docs not con-
not prohibit the owner or occupant from tem- stitute a hazard.
porardy reducing or discontinuing the protection 507 6.1 Non-required fire equipment-ills-
where necessary(o make tests,repairs,alterations Fcontinunnce:�All non required fire protection
L, �,(,�.�LZ7 �rV�l.r �.J:/t�✓�LIiF-flit!-43�i 1,��,
COP01}��
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CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
Salem, Massachusetts 01970
ROBERT E. SLENKHORN February 4, 1993 9 NORTH STREET
HEALTH AGENT
W7) 741-1800
,Mane Morrison
First OaRERerce Mortgage CajDa iy
P.O. Box 626
Little Rock, Arkansas 72203
Dear Mrs. Morrison:
With regard to your 2/4/93 telephone request, we are enclosing copies of
correspondence, pictures, inspection reports, inspectors' notes and Police
Department reports pertaining to property at 51-53 Dow Street in Salem;
The City of Salem has a Certificate of Fitness ordinance that a rental
dwelling mist be inspected by this deparnent prior to occupancy and
the bank was often made aware of this. There are outstanding violations
at this property.
This property was being monitored by Health, Fire and Police Departments
and each time the building appeared unsecured and/or occupied, we contacted
Mr. Penly.
Also enclosed is a copy of Salm District Court suamans to Mr. Haight,
the former owner.
We hope that immediate corrective action will be taken to repair the
building inside and out. ' �.The premises should be occupied as soon as possible.
This building has created fire, health and safety hazards for the area
residents, as general public for quite same time.
If you have any questions, please contact us. Thank you.
Very truly yours,
FOR THE BOARD OF HEALTH REPLY TO:
ROAM E. BlEMORN, C.H.O. VIRGINIA MDUSTAICCS
Health Agent Sanitarian
REB/9
encls.
GCS; �JitA1^l� f vjpep''
r�E r �Vt7M0A) ( /GIE✓ 1'�dl� P- '3 '`$-5YN- 36
FIRST
COMMERCIAL
MORTGAGE
COMPANY
March 29 , 1993
City of Salem Massachusetts
Attn: Mr. Leo E. Tremblay
Building Department
City Hall Annex
One Salem Green
Salem, Massachusetts 01970
RE: 51-53 Dow Street
FCMC Acct #258925
Dear Mr. Tremblay:
This letter is to acknowledge receipt of your correspondence of
March 22 , 1993 , and to advise you of the steps being taken in
regards to the above captioned property.
As you know this was a fire loss dating back to July of 1991 .
The property had been foreclosed on by Fidelity Guarantee
Mortgage Company and should be the holder of record at this
time.
Fidelity Guarantee Mortgage Company ( FGMC) filed Chapter 7
Bankruptcy on October 27, 1992 , in Boston, Massachusetts. They
had previously sold the loan (prior to foreclosure) to Federal
Home Loan Mortgage Company (FHLMC) . FHLMC was not told by FGMC
of the foreclosure action nor of the fire. In November of 1992
First Commercial Mortgage Company (FCMC) acquired the servicing
rights to all the FHLMC loans previously serviced by FGMC.
I'm giving you this bit of history because, at this point,
technically Fidelity Guarantee and their Chapter 7 Bankruptcy
Trustee are the owners of this property. We are in the process
of obtaining a special warranty deed to transfer that title to
FHLMC.
We have secured the property by boarding it up, and have hired a
realtor in your area to obtain estimates from local contractors
to repair the property to meet all codes and requirements of the
City and Health Department.
we are trying to resolve this matter in a timely manner, however
with the bankruptcy being involved it will not go as quickly as
anyone would like.
P.O. BOX 626 LITTLE ROCK, ARKANSAS 72203 (501)371-7300
WATS 1-800-482-8455
Be advised that we have been in touch with the Salem Fire Chief
and with the Salem Health Department to keep the present
situation with the property from getting any worse. At present
we are having the property inspected weekly to keep it secured
and to try to keep any further vandalism from occurring.
Should you have any further questions or need any further
information regarding this situation please contact me at
(501)371-6687.
Sincerely,
aine R r
Loan Servicing Of icer
cc: Mr. James Armstrong
City of Salem Planning Department
Kent Fitzgerald
FHLMC