Loading...
96 ESSEX STREET - BUILDING JACKET 96 ESSEX STREET y I t TO y r' Date Time WHILE YOU WERE OUT M of Phone Area Code Number Extension TELEPHONED PLEASE CALL CALLEOTOSEEYOU WILLCALLAGAIN WANTSTOSEEYOU URGENT RETURNED YOUR CALL Message Operator EFFICIENCYO LINE NO.2725 AN AMPAD PRODUCT 60 SHEETS ,� �( �� � . � .Q� ���� �� m � I ���� -� t ---� � � v72 � �� /,�., i� � � -�- Toz Date —Time vvou we �ou-r �� of of Phone Area Code Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILLCALLAGAIN WANTSTOSEEYOU URGENT RETURNED YOUR CALL Message Operator EFFICIENCYO LINE NO.2725 AN AMPAD PRODUCT 60 SHEETS Jan 22 01 12: 23p Law Office James Gilbert 978 744 7860 p. 3 Law O fCes Of JAMES G. GILBERT 15 FRONT STRFFT, SALEM, MASSACHUSETTS 01970 TELEPHONE: 978.744.9800 - F-MAIL: GILBF.RTGSALF.ml,AWYER.CoM • FACSIMILE: 978.744.76-60 January 22,2001 AFFIDAVIT OF JAMES G. GILBERT I, JAMES G. GILBERT, under oath do hereby depose and state as follows: 1. I am the BUYER of property located at 96 Essex Street, Salem, Massachusetts. 2. I am aware of certain outstanding violations brought to the SELLER'S attention. 3. I have agreed to address the attached outstanding violations after closing and prior to rental of the second floor unit. Signed under the pains and penalties of perjury' is 22"d day of January 2Q01., J es G. Gilbert I Jan 22 01 12: 23p Law Office James Gilbert 978 744 7660 p. 2 ' d '1-19-2001 1 .21PM FROM P. i J. PATRICK KINHAN ATTORNEY-AT-LAW F A c S i m I L & C Q V E R S H E E T Date: 01/19/01 Sander: JP Ki.nhan Pgs: 1 To: James Gilbert, Esq. Fax: 744-7660 Re: 46 Essex St., Salem My clients agree to providing you with a one Thousand ($1,400.00) dollar credit at closing, and elimination of Three Hundred ($3oo.o0) doiiar Extension cost, for your assumption of repair or renovation or removal as to the following items: 1. Build closet enclosure for 3rd floor furnace with louvre door for air circulation 2. install solid core metal door on 2nd floor rear landing 3. Removal of 3rd floor rear pink partition containing door and glass to .allow open Plow of traffic from 2nd to 3rd floor 4. Install partition and door on 2nd floor front landing for separation of ist and 2nd floor units 5. Removal of 2nd floor front door from landing to 3rd floor. Please let me know if this is acceptable. 1f so, please sign a copy of this and refax to me or return a signed hard copy. my clients will not negotiate a higher credit or credits other than those stated above, which conform to Para. 4 of the Rider to the P&S Agreement, which limits their contribution for repairs to $1,000. John Kinhan cc: S. Cryan 617-742-8482 Accepted by and agreed to; J as G. Gilbert Michael G- Pollock 15 Main Street,Tapsfield, Massachusetts 01983 (978) 8874055 - FAX (978) 887.4057 01/18/01 12:28 TX/RX NO.6250 P.001 'Jan 22 01 12: 23p Law Office James Gilbert 979 744 7660 p. l LAW Officer Of JAMES G. GILBERT 15 FRONT STREET, SALT-W, MASSACHUSETTS 01970 TELEPHONE: 978.744.9800 • R-MAIL: GILBLRT©SALHMLAWYER.COM • FACSIMILE: 978.744.7660 Fm To: Tom St.Pierre From: Jaynes G.Gilbert Fax: 740.9846 Date: January 22,2001 Phone: Pages: 3 Re: 96 Essex StreetlAfdavit CC: 0 Urgent 11 For Review d Please Comment 0 Please Reply ❑Please Recycle •Comments: NOTICE OF CONFIDENTIALITY OF PRIVILIGED COMMtiNICATIONS The information contained in the following message is legally privileged and confidential under applicable law,and is intended only for the use of the individual or entity named above. If the recipient of this message is not the above-named intended recipient,you are hereby notified that any dissemination,copy or disclosure of this communication is strictly prohibited. If you have received this communication in en or, please notify James G,Gilbert,Esq.,at the Law Offices of James G.Gilbert,(978)744-9800,and purge the communication immediately without making any copy or distribution. Visit our Law Office on the Internet at www.SaletiiLawyer.com Jan 22 01 11 : 40a Law Office James Gilbert 978 744 7660 p. 2 ti. �1-19-2001 1 :21PM FROM P. 1 J. PATRICK KINHAN ATTOANT;y A.T,CAW F A c s i M Z L E C O V E R S H E E T Date: 01/19/01 Sender: JP Kinhan To: James Gilbert, Esq. Fax: 744-7660 Re: 96 ,Essex St. , salem My clients agree to providing you with a One Thousand ($1,000.00) dollar credit at closing, and elimination of _Three Fundred ($300.00) dollar Bxtonsion cost, for your assumption of repair or renovation or removal as to the following items: 1. Build closet enclosure for 3rd floor furnace with louvre door for air circulation 2. install solid core metal door on 2nd floor rear landing 3_ Removal of 3r4 floor rear pink partition containing door and glass to allow open flow of traffic from 2nd to 2rd floor 4. Install partition and door on 2nd floor front landing for separation of ist and 2nd floor units 5. Removal of 2nd floor front door from landing to 3rd floor. Please let me know if this is acceptable. If so, please sign a copy of this and refax to me or return a signed hard copy. My clients will not negotiate a higher credit or Credits other than those stated above, which conform to Para. 4 of the Rider to the P&S Agreement, which limits their contribution for repairs to $1,000. John Rinhan cc: S. Cryan 617-742-8482 Aoce ted by and agread to: J es G. Gilbert Michael G. Pollock 15 Ma'u1 Street,Topsfield, t*Umatchusdts 01983 (978) 8874055 • FAX (478) 887.4057 01/19/01 12:28 TX/RX NO.6250 P.001 Jan 22 01 11 : 40a Law Office James Gilbert 979 744 7660 P. 1 Lain Offices of JAMES G. GILBERT 15 FRDNT STHrv'r, S.ALr M, MASSACHUSETTS 01970 TELEPHONE: 978.744.9800 E-MAIL: C;ELaFit'1'rl SALrnIL.awvr:R.Coni • FAMMILH: 978.744.71660 Fm To: Tom St.Pierre From: James G.Gilbert Fax: 740.9846 Date: January22,2001 Phone: Pages: 2 Re: 96 Essex Street CC: ❑Urgent ❑For Review ❑Please Comment ❑ Please Reply ❑Please Recycle -Comments: VYV####V##YYYYYVYV YYV YYk**#kY#k#k#*k#k#k#kA#AVVkAYkk***AY##k#######k##*AkY#VYkAYYkA# NOTICE OF CONFIDENTIALITY OF PRIYILIGED COMMUNICATIONS The information contained in the following message is legally privileged and confidential under applicable law,and is intended only for the use of the individual or entity named above. If the recipient of this message is not the above-named intended recipient,you are hereby notified that any dissemination,copy or disclosure of this communication is strictly prohibited. If you have received this communication in error, please notify James G.Gilbert,Esq.,at the Law Offices of James G.Gilbert,(978)744-9800,and purge the communication immediately without making any copy or distribution. Visit our Law Office on the Internet at www.SalemLawyer.com Citp of *a[em, f aggarbugett!5 ` 3public 3propertp Mepartment �3uilbing 33epartment One Salem Oreen (978) 745-9595 Cxt. 380 Peter Strout Director of Public Property Inspector of Buildings pv Zoning Enforcement Officer June 20, 2000 Daniel W. Cryan 40 Isabella Street Stoneham, Ma. 02180 RE: 96 Essex Street Dear Mr. Cryan: Due to recent Health Department Inspections, it has been brought to the attention of this department that you have a third illegal apartment. As you are aware, you were denied a Variance/Special Permit and subsequently lost your appeal in land court. You are directed to start emptying this unit within thirty (30) days and to then secure permits to remove this kitchen and equipment and stove from this unit. Failure to do so will result in legal action being filed in Salem District Court. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Thomas St. Pierre Local Building Inspector DUFLpU`ITQ STREET PERMIT No 5 .1 (nail of 4, at lrt @Mrc of 3neputor of Vuilbingo City Hall, a—? IV O 190 Permission is hereby given to to occupy forC_ purposes in front of eslate ON LS S k S� Wd. of sidewalk, of street. `Chis permit is limited to /,?,l -3 19!Lf�—,'subject to the provisions of the ordinances and statutes in relation to Streets and the Inspection and Construction of Buildings in the City of Salem. Q&-�'5 Director of Public Services ��/f/�/SS..�� Inspector of buildings Signature of Applicant ��� PC 4 3C 4.30.35 f1lit� of �ttlem, �fflttsstttljuse#tg j"rrs d Boarof rAupettl OCT JI JS DECISION ON THE PETITION OF DANIEL & SUZANNE CRYAN FOR VARIANCES AT 96-ELL SSE, V� TI (R-2) A hearing on this petition was held October 16, 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Mary Jane Stirgwolt and Associate Member Ronald Plante. 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. Petitioners, owners of the property, are requesting variances from use and parking to allow property to be converted to a three family in this R-2 district. The Board of Appeal, after hearing the evidence presented, and at the request of the petitioners, voted 4-1 (Mr. Bencal opposed) to allow the petition to be with- drawn without prejudice. WITHDRAW October 16, 1991 LG �b 1' LST-i/GF% R' chard T. Febonio, Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK 0,1.�I,4 N. ; �tLTtU IIf �Ulvrn, 4FU952ICJIU9pJt9 AUG 'Battrb of ,.Auftettl rQr:. . DECISION-ONZTHE_PETITIOid OF DANIEL W. CRYAN FOR A VARIANCE AT 96 ESSEX STREET (R-2) A hearing on this petition was held on August 16, 1989 with the following Board Members present: James Fleming, Chairman, John Nutting, Secretary, Messrs. Richard Febonio, Edward Luzinski and Arthur LaBrecque. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The Petitioner is requesting a variance from use and parking to allow a three family at 96 Essex Street (R-2) . The Variance which has been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which expecially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures in the same district; b. literal enforcement of the provisions of the zoning ordinance would involve substantial hardship, financial or otherwise, to the petitioner; C. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1. There was opposition from neighbors. 2. A letter of opposition was received from Councilor Nowak opposing the petition. On the basis of the above findings of fact, and on the evidence presented at the hearing the Board of Appeal concludes as follows: 1. Special conditions do not exist which especially affect the subject property and not the district generally. 2. Literal enforcement of the provisions of the Ordinance would not involve substantial hardship to the petitioner. 3. Desirable relief can not be granted without substantial detriment to the public good or without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. DECISION ON 96 ESSEX STR THE PETITION OF Page two LET (R_2) , GALEM.DdvIEL !d. CRY"01 FOR d VARI--VVCE ,YT Therefore, the request erring, tr. 14ut Board of i is den ' tong) to thePedi voted (3 four (4) affyrmatideevoCes. failureaof ltheof thenvarian , (2) opposed Petitioner to obequested. The DENIED taln the required A COPY OF THIS DECISION F1 T. Febonio, Board HAS SEEN FILED r Member aITH THE PLANNING BOARD AND THE CIT7 Appeal from this decision, if any, shall be made pursuant to Sect,on :! of the Mass. General laws, Chapter 808, and shall be filed wimin 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Mass. General Laws, Chanter 808, Section 11, the Variance or Special Permit granted herea shall not take effect until a copy of the decision, bearing the certification cf the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been died, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name or the owner of record or is recorded and noted on the owner'a Certificate of Title. BOARD OF APPEAL: ur11)1� G ,j. -' ».0. $A CITY CITY Q ,'S�ALEM,HE, THD A, TMENT i1 C)ARD O�y LT 1C 33e��,�� Dr. IsraelEadla u 1 T ter � OffJefferso AveriuefE1V "p55• 4 1 Salem, Masssachu et s' 4 ef�''�a. °j (nr;,if£�+tR',,,,•fix,.:.f. PHILIP H.SAINDON �,Pf8 x' '-•ti,�- ` ROBERT E.BI_ENKHORN JOSEPH R. RICHARD M.MARCIA COUNTIE,R.N. HEALTH AGENT MILDRED C.MOULTON,R.N. (617) 745-9000 EFFIE MACDONALD ROBERT C.BONIN Frederick M. Piecewicz, M.D. March 20, 1980 Ms. Frances Hancock Lti-I-_azBentley Street Salem, MA 01970 Dear Sir/ Madam: . 96_Essex=Street During an inspection of your property at ��- et Salem, Mass. Wrobel Apt. 3/18/80 tenant(s) -(on) at 10:00 A.M. the following violations have been noted: COMMON AREA: 1. No Handrail at rear stairway. 2. Handrail at front stariway broken needs to be fixed immediately, as it endangers the tenants health and safety. 3. Rear hall needs light. 4. Cellar needs to be cleaned of rubbish. EXTERIOR: 5. Flashing needed on roof near chimney. KITCHEN: 6. Gas stove not working properly. 7. Hot water pressure insufficient. 8. Wall needs to be finished in spots. . GENERAL: *9. No second means of egress directly ':o outside from the third floor apartment. *Decision pending with our Department and Building Inspector. Page 1 of 2 Pages Page 2 nf:, 2 Pages CITY OF SALEM HEALTH DEPARTMENT Date '3./M/86 T B DR. ISRAEL KAPLAN PUBLIC HEALTH CENTER V OFF JEFFERSON AVENUE 96 Essex Street YSALEM. MA 01970 Re: Frances n,. Hancock .ro e pt: Ms. To: 12 Bentley. Street Salem, MA 01970 You are hereby ORDERED to make a good faith effort to correct these violations; said correction of these violations shall be commenced (Seven) 7 Days after receipt of this letter and shall be completed no later than (Thirty) Days Also, please notify the Health Department immediately by letter of your intention to make these repairs . You are hereby advised of your right to a Hearing before the Board of Health by filing a written petition within 7 days. Procedures for filing of said petition are enclosed. You are also hereby advised that the conditions which exist may permit the occupant(s) to exercise one or more statutory remedies which can include rent withholding. You are further advised that failure on your part to comply within the specified time can result in a complaint in the Salem District Court. FOR THE BOARD OF HEALTH REPLY TO: ROBERT E. BLENKHORN Peter Grady Health Agent Sanitarian REB/mp POS 0383240 Certified Mail 11 _ Encls: (1) Procedure for filing Petition (2) Three-Page Inspection Report cc: XBuilding Inspector, One Salem Green Electrical Inspector, 44 Lafayette St. Fire Prevention, 48 Lafayette St. Plumbing Inspector, One Salem Green Gas Inspector, One Salem Green X Tenant(s) Ward Councillor Attorney N_ • SENDER:Complete items 1,2�and 3. Add your address',in the "RETURN TO space on 3 reverse. 1. The following service is requested(check one). an 71 Show to whom and date delivered c ya�Show to whom,date,and address of delivery. daCl(P /❑_RESTRICTED DELIVERY Show to whom and date delivered... ❑ RESTRICTED DELIVERY I.' m Showtowhom,date,andaddressof delivery.$— C (CONSULT POSTMASTER FOR FEES) Z 2. ARTICLE ADQBESSEDTO: ITT ID� •. wV"t. 3. ARTICLE DESCRIPTION: v .1( mREGISTERED NO. CER`IIFIED NO. INSURED NQ'. 5 Uq 310 p (Always obtain signature of addressee or agent) t o I have received the article described above. Z SIG ATURE ❑ Addressee ❑ Authorized agent �1 (_ I M / tl X r. m 4. v D DATE OF DELIVERY .T�P_OS, ARKt Z yv n 5. ADDRESS(Complete only it requested)'. m 73 T_ D1 6. UNABLE TO DELIVER BECAUSE: CLERK'S 3 INITIALS D ,,GP0.1977-0-249595 v UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS PENALTY FOR PRIVATE USE TO AVOID PAYMENT Prim your name,address,1,,antl ZIP CODE in the space below. OF POSTAGE,$300 Complete items 1,2,and 3 an the reverse. •Moisten gummetl ends and attach to front of article it space 0.SMAIL puermits.Otherwise affix to back of article. •Ehearse article "Return Receipt Requested" adjacent to number. RETURN ' t TO .> (N me of endb (I U 3 (Street or P.O. Box) � l0ity, State, and ZIP Code) { k Ctu of ttlem, ttsstttljuse### � + 1� , s �gnurb of Appeal lif !6€A§:§A6€b: !dA§§: DECISION ON THE PETITION OF R. AIMEE BENOIT FOR A SPECIAL PERMIT AND A VARIANCE AT:96-ESSE_ XRT` 2) A hearing on this petition was held June 17, 1987 and continued to June 24, 1987 with the following Board Members present: James Hacker, Chairman; Richard A. Bencal, Secretary; Messrs. , Fleming, Luzinski and,Associate Member Labreque. Mr. Labrecque, however, was absent from the June 24, 1987 meeting. Notice of the "'. original 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 a three family and is also j requesting a Variance from minimum parking in this R-2 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section V B 10, 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 is Section VIII F and IX D, grant Special Permits for alterations and reconstruction of non- conforming 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 be 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. `k The Variance which has been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner; and c. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, makes the following findings of faot: f 1 . Evidence submitted by the petitioner in the form of copies of the "Polk Directory" and City Directories indicate the building has been used as a three family since before 1900; DECISION ON THE PETITION OF R. AIMEE BENOIT FOR A SPECIAL PERMIT AND VARIANCE AT 96 ESSEX ST. , SALEM page two 2. Utility meters for three residences are and have been in place for a long time; 3. Presently, no parking exists and the three family use would not change this; 4. No opposition was presented. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . Special condition exist which especially affect the subject property but not the district generally; t 2. Literal enforcement of the Ordinance would involve substantial hardship to the petitioner; 3. The relief 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. , Therefore, the Zoning Board of Appeal voted unanimously, 4-0, to grant the Special Permit, subject to the following conditions: 1 . All conditions of the Salem Fire Dept. relative to smoke and fire ? safety be adhered to; 2. No exterior additions are to be made to the building; 3. A Certificate of Occupancy for each unit be obtained; 4. A legal building permit be obtained; 5. All renovations be done as per all City and State Building Code and as, per plans submitted. The Board of Appeal also voted unanimously, 4-0, to grant the Variance requested subject to the following conditions: 1 . The petitioner obtain three parking spaces from the Salem Off Street Parking Commission at its nearest facility if said Commission agrees. SPECIAL PERMIT & VARIANCE GRANTED R� chard A. Bencal, Secretary 1 APPEAL FRO:,, 1H!S DECISION:, �, A.;;1'. SHP.L L DE VAO j GENERAL LAv;s. c;-.A TpO . E1F; ITEF�F�u¢c E PLANNING BOARD AND THE CITY CLERK CF THIS DEC!S!CN IN THE OFi!CE OF THE CITY CLERK. Pb'i;SA KT TJ MASS C_i4EEA; I".. 5. CHAPicF, f-O&. SECTIJ;; ]1, THE VA.R!ANCE OP, SPECIAL PER:.^.IT CRANiED HEREIG. SHALL NOi TAKE EFrECT UNT'L A COPY Of THEECERT. CERT.FiGATION OF THE CITY CLERr.. THAT 20 DAYS HA'.E ELAPSED AND 1l0 APPEAL HAS KEN FILED, OR THAT. IF SUCH AN APPEAL HAS BEEN FILE. THAT IF HAS EEE!! DISMISSED DR OEa.'CD IS ;RECORDED IN THE SOUTH E$$EY, REGISTRY OF GEE DS AND INDEXED UNDER THE NA:!,E OF THE OWNER !OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICATE OF TITLE. 9M POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POMCF. CERRFRD RAR FEE AND CHARGES FOR ANY SELECTED OVRORAL SERVICES(us Irmo 1.1f you want this receipt postmarked,stick the gummed stub on the left portion of the address aide of the article le"I n g 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 net want this receipt postmarked,stick the Summed stub on the left portion of the address fide of the article,date,detach and retain the receipt,and mail the article. 3.H you want a return receipt,write the cerfified-mail number and your name and address on e return roceiptcerd,Form 3811,and attach ittothe front oftha article by meansofthegummedends If ep»ce permits.Otherwise,affbt to beck of article.Endorse from of article RETURN RECEIPT REQiuESTED adjacent to the number. 4 It you went delivery restricted to the addressee,or to an authorized agent of the addresses, endorse RESTRICTED DELIVERY on the front of the article. 8.Enter fees for the services requested in the appropriate spaces on the from of this receipt H return receipt Is requested,check the applicable blocks In hem 1 of Farm 3811. 8.Save this receipt and present It H you make Inquiry. P 443 509 307 RECEIPT FGR CER'BIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to C - 1% Street and No. P.O.,State en PZlP Cotle "Tn Cn O)cI `( Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return Receipt Showing towhom, N Date,and Address of Delivery ao TOTAL Postage and Fees $ r ly Postmark or Date E 0 0. rn a M,aoxwrl z a Jlixbtir Prnperig Beparfnent ar� � �uilcli�t� �e�ttrimeni William .H. Munroe - One-Salem Green- 745-0213 reen 745-0213 September 24, 1985 4_ C.B.-Saxton-.Inc. 69 Clifton Ave. -- Marblehead;=MA - 01945 -- RE: 96 Essex'Street, Salem MAT Dear -Sirs: Please be advised that you are presently in violation of the-- general laws of the Commonwealth: specifically Section 2203.7 of the Massachusetts State Building-Code,. at 96 Essex Street, - - - Salem, MA. Our files and current inspection of this property indicate that the violations; specifically 2nd and 3rd floor egress, have not been corrected. You are hereby ordered, within 24 hours of receipt of this notice to vacate both 2nd and 3rd floor apartments, at the above address. Failure to comply with this notice will result in court action. Sincerra, Edr 7 Asst. Building Inspector EJP/jdg c.c. : City Clerk , Mr. Mroz, Mayor' s Office Ward Councillor,Usovicz . Fire Department Board of Health u P 443 509 276 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Reaeme) 5I?ti W. Street an o P Sta qya P C de Postage $ Certified Fee 0 Special Delivery Fee Restricted Delivery Fee - Return Receipt Showing to whom and Date Delivered Return Receipt Showing towhom, r'l Date,and Address of Delivery 00 TOTAL Postage and Fees $ ti 0. stmark or Date E " p°. rn w e< SHM POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE CWFIED MAIL FEE AND CHARGES FOR ANY SELECTED OpRORAL SERVICES.(no 1.If you wantthis receipt postmarked,stickthe gummed stub on the left portlonofthea ae tithe article leavingthe reeaiptattaehad and presentthe article ata post ofOceservicew or hand it to your rural carrier.(no aura charge) 2 If you do nut want this receipt postmarked,stick the gummed stub on the left portion of the address side 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 returnraeelpt card,Form 3811,and attach ittothefront ofthe article bymeans ofthagummed ends N space permits.Otherwise,affix to back of article.Endorse from of article RETURN RECEIPT REQUESTED adjacent to the number. &N you want delivery restricted to the addressee,or to an authorized agent of the addressee. endorse RESTRICTED DELNERY on the front of the article. S Enter fees for the services requested in the appropriate spates on the front of this recelpt If return receipt is requested check the applicable blocks In hem 1 of Form 3811. 8.Seve this receipt and present it If you make Inquiry. SENDER: Complete items 1,2,3 and 4. It Q Put your address in the"RETURN TO"space on the 3 reverse side.Failure to do this wilt prevent this card from W being returned to you.The return receipt tee will provide you the name of the person delivered to and the date of delivery.For additional fees the following services are available.Consult postmaster for fees and check box(M) .� for service(s)requested. cws 1. XK Show to whom,date and address of delivery. W 2. ❑ Restricted Delivery. 60V �j 3. Article Adc)resseo to n 4•Type of Service: Article Number ❑ Registered ❑ Insur Ip O Certified ❑ COD P. �13 V'_G ❑ Express Mail i Always obtain signature of addresseeQagentend DATE DELIVERED. 5 Signature—Addressee 0 X w6. Signu —Agent F) X m 7. Date of Delivery C M e Addressee's Address(ONLY If request d M In n m ti UNITED STATES POSTAL SERVICE I II I( I OFRCIAL BUSINESS SENDER INSTRUMONS u-® PtiMyour name,address,and ZIP Code in the space below. • ComPlete ftems 1,2,3,end 4 on the reverse. ^ • Attach to front of article R Specs permits, PENALTY FOR PRIVATE otherwise aft to back of article. USE,sm • Endorse article"Return Recelpt Requested" adjacent to number. ' RETURN TO (Ne eof der) (No anti Street,Apt.,Suite,P.O. Bon or R.D.No.) �I CEi..,_ -9�• "I f Y� (City,State,and ZIP Code) 3 a Vublic PrapPrtV Pryartment a,R`o, � '�' t1t�l�iltij �P�.tIIYtmPYlt William.H. Munroe One Salem Green 745-0213 October 22, 1985 C.B. Saxton Inc. 69 Clifton Avenue Marblehead, MA 01945 • RE: t96—Essex Street; Salem, MA Dear Sirs I have not heard from you or your representative (either by error or design) since meeting with Mrs, Sandra Wiedmann on Thursday September 26, 1985. You should be aware that the egresses as are now provided due not meet with acceptance of the Building Code of the Commonwealth of Massachusetts ii►• and are unacceptable to this office. Please contact this office and indicate to us your intention in this matter. Failure to comply with this order will result in legal action. Respfectful Edg J. aqui Asst. lding Inspector EJPtidg c.c: Mr. Mroz, Mayor' s Aide City Clerk Councillor Usovicz Fire Prevention Health Department Plumbing Insp, and Electrical Insp. µt,rf UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS ' SENDER name,INSTRUCTIONS Prim your name,address end ZIP Code In the specs below. • • Complete Items 7,2.3,and 4 on the U- reverse. �Q • Attach to front of article If space permits, otherwise aNla to beck 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 s ace below. TO - L ��9 �0 • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return receipt fee will Provide you the name of the person delivered to and the date of delivery.For additions eel f s the following services are aval a e.ConsultfblTmaster TOT Tees and c ec c ox es for additional service(s) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. ArticlerAddressed to: 4. rticle.Number �/n,��, 017°/1 v � Service: 0 Registered stered ❑ Insured r® Certified ❑ COD ��� (l /✓ `1 ❑ Mail ❑ Return ReceipPt p� for Merchanoise Alwaysays obtain signature of addressee or agent and DATE DELIVERED. S. Si at re — Add ss 8. Addressee's Address (ONLY if r X Di regtiesred and fee paid)e. I/ B. Signature — Agent X 7. Date of Delivery _ ^ !Form 3811jimar.1998' �1 U.S.G.P.O. 1988-212-885 DOMESTIC RETURN RECEIPT P 152 922 791 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to /� e Street and S to and ode q Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered N Return Receipt showing to whom. Date.and Address of Delivery m j TOTAL Postage and Fees SnQ/ of C/ p Postmark or Date E 0 LL N 6 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 leaving the receipt attached and present the article at a past 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 per- mits. 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 reel deeded in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blacks in Item t of Form 3811. 6. Save this receipt and present it if you make inquiry. ` U.S.G.P.O.1988-217-132- of harem, A1aggaCbU2;ettg Public Propertp Mepartment jguilbing Mcpartment One 6alem green 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer August 19, 1989 Mr. Daniel Cryan 15 Banks Street Winthrop, MA. 02152 RE: 96Essex Street Salem, MA. 01970 Dear Mr. Cryan, I have refused to issued a building permit on the above referenced propervy for the following reasons. 1 . Application for building permit has not been approved by the Salem Fire Department. If you need further assistance please do not hestitate to call. Sincerely, � F _ Stephen W. Santry Assistant Building Inspector SWS/eaf enc: Check and application BUILDING H-l"T SEP 32 8 06 A °86 RECEIVED CITY OF SALEH,HASS. 29th September 1986 William Monroe Public Property Dept. 1 Salem Green Salem, MA 01970 \ Dear Mr. Monroe: This letter is to inform you that William Finn and I have signed a Purchase & Sale Agreement for the property at 96 Essex Street in Salem. Transfer of the deed is scheduled for October 30th 1986 barring any continuances caused by .lack of performance by either party, i.e. , financing or lack of performance on parte of the seller in regards to violation of zoning and/or fire code. My wife and I are purchasing with the hopes of converting to a owner-occupied legal two-family. My understanding with your department is that an improved second egress would be required. Ed Paquin and I have spent some time on this and have come to an understanding of what would be acceptable to your office. I have every intention of co-operating with your department and in fact have found your people really helpful and genuinely friendly. Basically, our intentions are to restore 96 Essex Street. Finan- cing this would take us two to three years. However, my first concern is installing a new second egress. Your comments and advice would be much appreciated. Once again, you folks have been very helpful. 4incer , Geoffrey Almeida Geoffrey Almeida Duly witnessed this date by 57 Gregory Street MAEISE M. BOUD, Notary Public Marblehead, MA 01945 for the Commonwealth of Massachusetts in� /the county /of Essex AX Qu�I �2 M My commission expires May 7th, 1993 �.CO1DI1�' y i#� of alem, 'Massar4us2##s Y .. r Iluhlir 13rupertg Department ''sem uilDin 'Beyartment �uF�n �. �3ofaers 5evtrL-,4treet- 1 Salem Green zas-nz i 3 February 20, 1976 St. Joseph Credit Union 3 Harbor Street Salem, MA 01970 RE: 96 Essex Street Gentlemen: 0n February 19, 1976 I inspected the first floor and basement in the three family dwelling at the above address. There is no apparent settlement between the front and rear portions. The floor slope is the result of a change in joist depth and the bottoms of those smaller members were lined with the bottoms of the deeper. Structually the inspected portions are in good condition for their age. The corner post on the northeast corner of the front portion needs to be replaced due to rot. The foundation under the rear el is solid but could stand some showing underneath to prevent future proolems. The cornice on Essex Street and the gutters in general should be replaced. ,� — Of m -re cam ern is the fact that the rear stair is open to the basement. There should be a 1/$/4 inch solid core door installed and double layer of 5/8 inch sheet rock on the stair wall from the basement to the first floor. In addition, the door at the foot of the rear stair must be kept unlocked at all times, otherwise the occupants of the upper floor would be unable to get out of the building in an emergency. The boilers must have a 5,8 inch thick layer of "Firecode" sheetrock installed on the underside of the joists above. This sheetrock should extend 4 feet out beyond the boilers. Respectfully submitted, Asst Building Inspector DFMatc ` pod girl o, f' Ott of �treut, � �zclT�zett lalC-tlic ��rnl}Terf �` c�Tar#uleltt '��,M,� ops' �31tiClinu �elrlrtnlent ,huhu 1L1. �;9n(urr5 (I)nr �alrm O.�rrru 7.15-0213 March 24, 1980 Miss Frances Hancock 19 Bentley Street Salem, MA 01970 RE: 96 Essex St. , Salem Dear Miss Hancock: As a result of my inspection on March 20, 1980 at the above referenced address I find it necessary to order that the third floor apartment be vacated until a satisfactory second means of egress is installed. The present stairway at the rear can in no way be classified as meeting even the minimum requirements of the • building code. The front stairway is extremely steep and the handrail must be 'reinstalled from the third floor to the second floor before the apartment is reoccupied. It will be necessary for you to obtain a building permit to build a new rear stair or remodel the existing stairway. Very truly yours, Daniel F. Mansur Assistant Building Inspector DFM: tc cc: Board of Health Cit of '�5s Aem, ngFhase#ts `����� ire �epttrttnetit �ettDyuttrters 48 "'�ette fr14TY OF^'LEP,, H9 ROBERT J.CROWLEY : F 0A M� ASS. acmef gttlem, cffiu. II197D Name Mr. William Finn Re: 96 Essex Street Address 69 Clifton Avenue Exit problems, rubbish in the asement. City/Town Marblehead, MA 01945 As the result Vii tion of the premesis, structure, .open land area, or vehi e or otherwise under your control , the fol- lowing co onmade and shall serve as a notice of a violation of the la , ordinances, or regulations pertaining to the prevention of fire and the protection of life and property. The following must be corrected immediately for the safety of the occupants. f1- The installation of a second means egress for the second and third floor ff tenants,as_per the specifications of the Building_Inspector-f- 2- The insolation of a door between the basement and the stairwell , as per t p__sj cifications of the Building Inspector. 3- The removal of all rubbish from the basement. 4- Inform all tenants that storage in the basement is not to be in the area of the oil burner and the oil tank/s. Signed, irYensp Norman P. LaPointe P Salem Fire Prevention Bureau Date: January 24, 1985 Form #25A (10/84) r � DATE OF PERMIT I PERMIT No. OWNER LOCATION 7/8/ 1893 148 Elizabeth Stevenson 96 Essex Street R-2 i STRUCTURE MATERIAL DIMENSIONS No. OF STORIES No.OF FAMILIES WARD COST DWELLING & 23'X40'6" A ( z I 2 STORE BUILDER 2/22/88 COPIED ALL INFO FROM ORIGINAL CARD" 1/30/81 X125 Erect door in place of existing wiudwo.(Owner - Fran Hancock) 11/29/85 #780 REside front & rear walls.replace sills under kitchen $5,000. 1/ 14/87 PRESENT STATIS - LEGAL TWO FAMILY - WHM BOARD OF APPEAL: 6/24/87 - GRANTED - Special Permit to allow three family dwelling and Variance from parking requirements. R. Aimee Benoit, Petitioner&Owner (special permit and variance never acted on, expired) BOARD OF APPEAL: 8/16/89 - DENIED - Variances from use and parking to allow three family. (Daniel Cryan, owner) 10/10/89 1517-89 Gut & sheetrock, repl. sill on addition, change windows, J.S. Est20,000. 3/7/90 #85-90 Relocatelst & 2nd fl. Kitchens, consolidate bath on 1st fl. (remove fee $1 tub & add shower stall & sink, install smoke detectors (hard wired) J.S. Est. 7,000 fee $47. 7/26/90 #404-90 Raise roof on back bedroom, remove non bearing wall 1st fl. b5t�: Est.1,90 fee $20. f �DQ BUILDING DEPT v Western Surety Corn 089 RtCE14E CITY OF SALEM,MASS. , LICENSE AND PERMIT BOND For County, City,Town or Village Only-Not Valid for Bonds Required by the State.Not Valid for Contract, Performance,Maintenance, Subdivision,Agent to Sell Hunting and Fishing Licenses or Utility Guarantee Bond. KNOW ALL MEN BY THESE PRESENTS: BOND No. L&P-41781180 That we, Daniel & Suzanne Cryan A A of the City of Salem State of Massachusetts as Principal, and WESTERN SURETY COMPANY, a Corporation duly licensed to do business in the State of Massachusetts , as Surety, are held and firmly bound unto the City of Salem State of Massachusetts , Obligee, in the amount (Valid only when a County,City, Town or Village is named as Obligee) of Ten Thousand Dollars ($__10.000.00 ) DOLLARS, (NOT VALID FOR MORE THAN$25,000) lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves and our legal representatives, jointly and severally. THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the Principal has been licensed Ceneral Contractors by the Obligee. NOW THEREFORE, if the Principal shall faithfully perform the duties and comply with the laws and ordinances (including all amendments), pertaining to the license or permit, then this obligation to be void, otherwise-,tome ain in full force and effect for a period commencing on the 21st day of �ENove'- 19 89, and ending on the 21st day of`'+ w November 19 90, unless renewed by continuation certificate. This'bohd'mayJ terminated at any time by the Surety upon sending notice in writing to the Obligee and to the Principal, m care-of the Obligee or at such other address as the Surety deems reasonable, and at the expira- tion,of,thirty five (35)ldays from the mailing of notice or as soon thereafter as permitted by applicable law, whichever islaer• + ;; this bond shall terminate and the Surety shall be relieved from any liability for any subsequent acts 6v4ggmss iions�of,Ahe Principal. . " Dated-this ,ML21st day of November , 19 90. �Grutrttea� - Principal Principal Countersi ed WESTERU O M P A N Y By By Resident President ACKNOWLEDGMENT OF S RETY STATE OF SOUTH DAKOTA 1 (Corporate Officer) f County of Minnehaha ss On this day of 19 , before me,the undersigned officer,personally appeared Joe P.Kirby who acknowledged himself to be the aforesaid officer of WESTERN ; SURETY COMPANY, a corporation, and that he as such officer,being authoriz9djo to do,executed the foregoing ; instrument for the purpose therein contained, by signing the name of the co =ionbyself as such officer: IN WITNESS WHEREOF, I have hereunto set my hand and official ea J. RHONE Bs� NOTABYPUBLIC s u NotaryPublic South Dakota SOUTH DAKOTA �P F c" Western Surety Company o My Commission Expires 6-12-96 1-605-336-0850 Form 849—4-89 M.>. e'�'�% %�;,�%a5���;-.+ ® U ° n c ACKNOWLEDGMENT OF PRINCIPAL n (Individual or Partners) v STATE OF 4 SS e County of ° e e ° r ° On this day of 19 ,before me personally appeared p e ° s n u n u known to me to be the individual_ described in and who executed the foregoing instrument and ; n ° acknowledged to me that—he_ executed the same. My commission expires 19 Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporate Officer) STATE OF ss County of On this day of 19 ,before me, personally appeared who acknowledged himself to be the of a corporation, and that he as such officer being authorized so to do, executed the foregoing instrument for the pur- poses therein contained by signing the name of the corporation by himself as such officer. My commission expires 19 Notary Public ct F on m C p CO U e v� � e ° U ° e fison z zz ; N o w t a L ° ° v) ❑ H o w a a 0 '�b��E4nEs'Y REPORT N iV p BUIL POLICE DEPARTMENT DATE _ _ 9 OF;Irff'S REPORT TIME J ' .54 Ar v-7 4� � RSOV 27 �H tJ� CRIME OR INCIDENT OF k„F�pvx R> O APT. c HOME NAME - 5LLL 'fL Q1, PHONE ADDRESS 96 ifsse v1 - PHONE ACTION TAKEN - CHECK BOX BELOW ARREST SS N DOB SS d DOB WARRANT M/V TRAFFIC COURT .J CIVIL PARKING ACC. FORM DU.Y COMPLAINT _ TOW CO. ON SUMMONS FELONY FORMLl M/V TOWED NOTIFIED REG. N Tow co. OWNER M/V VIOL. JUV. CARD M/V TOWED NOTIFIED REG. p DETAILS OF CRIME OR INCIDENT QQ `Dae ps thr, Pr aP 9c, Essex S f- V,�t k \ - zz - IAS lo e�c,J oAtz ' s 06 s5 -o s. INoiZ REPORTING - OFFICER CAR N SUPERVISOR 2ND OFFICER _ • w _ CQ T 77 xt a CITY OF SALEM BOARD OF HEALTH t Salem, Massachusetts 01970-3928 JOANNE kO PH, ,CHO "L NINE NORTH STREET HEA1LTGEN0 --, Tel:(978)741-1800 C3 LQ W Fax:(978)740-9705 p M May 30, 2000 zz L7 C- Daniel &Suianne�ryan 40 Isabella Street" a Stoneham, MA 02180 Dear Sir& Madam : In accordance with.Chapter III, Sections 127A and 1276 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 11 Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property 96 Essex Street #2 occupied by R: Reily,.K.Swist, &J. McCarron conducted Jeffrey Vaughan, Senior Sanitarian on Thursday,.May 25, 2000 at 9:30 A.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, itis the property owner's-responsibility. to notify tenants of lead related reports and tests, and to ensure that this unit complies fully with 105 CMR 460.000 Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. �^t ?� You are hereby ORDERED tomakea good-faith effort to correct the violations listed on the enclosed inspection report. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this Order. — Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. a 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 �TofJfHHealth: Reply to: oanne Scott Jeffrey Vaughan Health Agent Senior Sanitarian cc: Tenant& Building Inspector Certified Mail#Z 447 277 817 JS/silk ch-violet tWlyro a r'3+ p SALEM NFIILTH'D_EPARTMENT: . . ,p 9 Ndrih"street - -e`4�f Salem,MA 01970 State Sanitary Code, Chapter If: 105 CMR 410.000 Minimum Standaids`oRFitrildw for Human Habitation Occupant: Rick Reily, Kyle SwisC' Jeff McCarron Phone: Address - ssex 5Street• -. _.. ,� tt, k=Apt-+ .=2rF a,: 3 rr�12+3 " 96``E' Owner. Daniel & Suze anne Crvan Address: 40 .Isabella Street .e .rz4F33+ St6n>3hnm, Mk.'`O2186'r InspectionDate: May 25, 1200W"; r 'i' ' 9:30 AM - Conducted By: .le 1f Vau¢han Accompanied By: tenant ,. . AMCX e Anticipated`Reinspection Date : kx Specified. Resp Violation :, Time Due Ito .a,coin laint antins ection was conducted in accordance with Article II State Sanitary Code, 105 CMR 410. Upon inspection the tl: , Y a »a r N S T � •2 i C� Q' One or more of the above violations may endanger or materially impair the health, safety and well-being or the occupants(s) w� Sr. Sanitarian ccode nforcement Inspector Este es un documento legal importanle. Puede que afecte sus derechos. Puede adquinruna lraduccion de esta forma. A r y�Fg e« -. z: � f�t ry�� 4 �3.- x �'� 4. x��-� c�%�` a`•�33 nr.�'r ` @ ✓w '�'q 4 r: -a..t•ext .�`� fy'�saY+i .. y�ywfff p �. rkst✓.��--+I .aq �k„"',rs t +r i g kk'�'�3 u4 �` ,y.m3jizF.. ' �''t� rf>,9 nrrr z APEENDI$II(14)ct :? a r t=,a Legal Remedies for Tenants of Residential Housing 41J'4-.<-t'e'�}1- ��+it4 T3 ,.a.it _" �f The following is a brief summary otr f some of the legal remedles tenants ay use in order to gethousingcode violations tOr'r'eetCd]' T '� 3 f �f t �-,. dim -T' T4yt;✓tf"7'}? 7&1-s� BF�•'.'str , .,i;. _. U'Rent V LhholLIF(Massachuseus"Geaeial taws,t"*ter 239;section 8A) If-Cod'e Vldlatlons Are Not Befog Corrected you may"titled to hold back:yourrent payments.You can do this withoutlieiug evicted if: A You can prove that your dwelling unit or common areas contux ncode violations which are serious enough.to endanger or materially impair your health or safety, thafyotu`laddlord Irnew about'tlie violations before you were behind in- yourrenL . k}ckPASr* 's..._-. "-1Ytxl'yt,;�,i. r .gt —" B:You did riot cause the violatiods ind theytxa be"repaired:wliile`you coatmueto hve in the building. C. You are prepared to pay any portion of the rent into court if a judge orders you to payit;(For this it is best toputthe- rent money aside in a safe place.)" 2 Ren it nd D d i t(Massachusetts General Laws,Chaptor.111,section 127L):Tlie law sometimes allows yon to use your tent . money to make the repairs yourself.If your local code enforcement agency certifies thatthete'am code violations which,ry endanger or materially impair your health,safety,or well-being,and your landlord has received written notice of the violations; you-may be able tousethis remedy.If4heownerfails"to begin necessary repairs(or-to enter into a written contract to have thedt- made)within fiye,days after:noace:or to complete repairs within14 days after nonce, y ou cau'use up to four months'rent in anf year to make the repaus F`S*P 11 .tl: t<�, +-au�v•lam was Mm ca%Kv'i?¢ Y'^.,'T 3 R alta cry Rent Increases or Evictions Prohibited ,hap ' t 4 h K_ (Massachusetts General Laws C ter 186 section 18 and Chante;239,: `section 2A):The owner may not increase your rent or evict you in�etaliauon for malting a compI n't to your local code enforcement agency.aboutcode violations.1f lheowneriaises-your rent-to tries to evict'withiilssix months afteryou have made .'� the comp]tint he or she will.have to show a goodr�eason for the increase of eviction which is nilrelated to,your complaint.You ma to iible to sue the landlord for y datnages of fi1Eo r she mes this 4. Rent Receivership(Massachusetts General Laws Chapter 11 section 127.0-H) The occupants and/or the Board of.Health may petition"the Distractor Superior Cour to allow refit to be pud ihto.cottrt 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'.renL 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. Unfairand D=tive 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 a (617):5997.7730 . t'. +3 ' a of SAtFMHEALTHDEPARTMENT ;,,, ff AAf3 V" Fr ?ss5"Oaie �. - �, 9 Naith�Street ry r rA°- Salem.MA 01970 Name:, Address: 4l Essex S7 aCr Specified Reg # Violation Time 410. . . . w - yr- A a� D s ... e - _ cell 14�zke�ll .✓' .C2i . oT Se S'o.a.� El¢.. �f 1 sa2LG lilLe..a �.e,.� .:✓ U Co �rC.q f/}vc/ -�%�.4Oc�_����,.�Y AT o.•..e .Ti c a4 r .S— , '� it . ex;> �� F..�.., ����\ti'�� yisxlFu �^z•�.,v"' i i ra3 Page of a SALEWHEAl.TH DEPARTMENT a 9 North Streeti ., y 3 J - x Satem.MA 01970 Name: a Address; �/o Gire C"ry ivY — Specified Reg # Violation 410..:.. Time 5 a"�.� ♦« 1. G - ro tc r a _ - - t ` n:o .rVe .....—.... --� �h�