31 FAIRVIEW ROAD - BUILDING JACKET . . 1
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° CITY OF SALEM, MASSACHUSETTS
BUILDING DEPARTMENT
'A LV,' .✓ � r 120 WASHINGTON STREET,31D FLOOR
TEL. (978) 745-9595
FAx(978) 740-9846
KIMBERLEY DRISCOLL
MAYOR THOMAS ST.PIERRH
DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER
October 20,2009
Francis L. and Patricia J. Welch
31 Fairview Road
Salem Ma. 01970
R.E Zoning Violation
Dear Owners,
It has been brought to the attention of this Department that you are renting rooms to two
unrelated individuals at your property. Section 5-2 of the Salem Zoning Ordinance does not
allow the renting of rooms in an R-1 District. this issue came up back in 2003 but apparently was
not settled. You are directed to cease and desist the renting of rooms. Failure to comply with this
order will result in Municipal Code tickets and possibly further enforcement actions.
If you feel you are aggrieved by the zoning interpretation, your appeal is to the Salem Zoning
Board of Appeals
Thoas St. Pierre
64",
Building Commissioner/Zoning Officer
cc.Jason Silva,Elizabeth Salandrea, Fire Prevention
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVEoY
■ Complete Items 1,2,and 3.Also complete A Signatui
hem 4 if Restricted Delivery is desired. ❑Agent
■ Print your name and address on the reverse X ❑Addressee
so that we Can return the card to h you. B. R ived by(Pon N ) Da of De�
■ Attach this card et the back of the mailpiece, �
or on the front if space permits. a
1. Article Address �� D. Is delivery address d erem from hem 11 ❑
Ves
If YES,enter delivery address below: ❑No
3. Service Type
❑Certified Mall ❑Express Mail
❑Registered ❑Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number
(transfer from service febel)
PS Forth 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
UK= STATES
MA CCJUIZ�
° Sender: Please print your name, address, and ZIP+4 in this box
BAY STATE ADJUSTMENT SERVICE
100 Cummings Center,Suite 207L,Beverly,Mass, 01915
Telephone Numbers
(978)927-9929
(800)865-2206
FAX(978)927-8118
City Fire Department
Inspector of Buildings Board of Health
City of Salem City of Salem
City Hall City Hall
Salem, MA 01970 Salem, MA 01970
Re: Insured: Patricia J. Welch Company: Norfolk & Dedham Mutual Fire
Insurance Co.
Property 31 Fairview Road Date of 01/18/99 .
Address: Loss:
Salem, MA 01970
Policy No.: N08352G
File No.: 9-052-WS
Claim has been made involving loss, damage or destruction of the above captioned
property, which may either exceed $1,000.00 or cause Massachusetts General Law
Chapter 143, Section 6 to be applicable. If any notice under Massachusetts General Law,
Chapter 139, Section 38 is appropriate, please direct it to the attention of the writer and
include a reference to the captioned insured, location, policy number, date of loss and file
number.
Adjuster
On this date, I caused copies of this notice to be sent to the persons named above, at the
addresses indicated by first class mail.
Si at re Date
' r
. I i I TQC • 1 z... ..
Association of _ National Association
0udeyendent insurance . of ludeyendant
Adjusters of Massachusetts Insurance Adjusters
BAY STATE ADJUSTMENT SERVICE
83 Pine Street,Suite 107,Peabody,Mass. 01960
Telephone Numbers
(978)535-3334 _
(800)865-2206'
FAX(978)535-7106
E-Mail:mestor@argo.net
City Fire Department
Inspector of Buildings Board of Health
City of Salem City of Salem
City Hall City Hall
Salem, MA 01970 Salem, MA 01970
Re: Insured: Francis L. and Patricia Welch Company: Norfolk&Dedham Mutual Fire
Insurance Co.
Property Address: 31 Fairview Road Date of Loss: 05/01/98
Salem, MA 01970
PolicyNo.: NO83528
File No.: 8-268-W
Claim has been made involving loss, damage or destruction of the above captioned property,
which may either exceed $1,000.00 or cause Massachusetts General Law, Chapter 143, Section 6
to be applicable. If any notice under Massachusetts General Law, Chapter 139 Section 3B is
appropriate, please direct it to the attention of the writer and include a reference to the captioned
insured, location, policy number,date of loss and file number.
Marc J. LeBlanc
Adjuster
On this date, I caused copies of this notice to be sent to the persons named above, at the addresses
indicated by first class
�mail.
5/5/98
Signature 0 Date
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CITY OF SALEM, MASSACHUSETTS
BUILDING DEPARTMENT
120 WASHINGTON STREET, 3'D FLOOR
TEL: 978-745-9595
KIMBERLEY DRISCOLL FAX: 978-740-9846
MAYOR
THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER
November 8, 2017
Kevin Pestana
31 Fairview Road
Salem Ma 01970
Dear Owner,
Recently I put a stop work order on your door at 31 Fairview Road. It appears work has been
being done on your property with out a permit. State Building Code CMR Section R105
states all work requiring a permit That the permit must be in place before work begins.
A permit needs to be filed for by November 17 2017 to avoid daily fines going out to you and your
property.
If you feel aggrieved by this order your appeal is to the Board of Buildings, Regulations
And Standards in Boston
Stephen Cummings
Assistant Building Inspector
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CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
$
120 WASHINGTON STREET, 4TH FLOOR
�F o- SALEM, MA 01970
TEL. 978-741-1800
FAX 978-745-0343
STANLEY J. USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO
MAYOR HEALTH AGENT
September 22, 2003
Francis & Patricia Welch
31 Fairview Road
Salem, Ma. 01970 1
Dear Mr. & Ms. Welch:
In accordance with Chapter 111, Sections 127A and 127B of the Massachusetts General Laws, 105 CMR 400.00; State
Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter 11
Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property 31 Fairview Road
occupied by chris Hendricks,conducted by Jose L. Diaz, Sanitarian, on Monday September 22, 2003 at 9:00 A.M.
Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owners responsibility
to notify tenants of lead related reports and tests, and to ensure that this unit complies fully with 105 CMR 460.000 :
Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the
Salem Health Department at 741-1800.
You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report.
Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being
sought against you in Salem District Court. Time for compliance begins with receipt of this Order.
Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for
said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said
hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this
Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have
the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary
information in the possession of this Board, and that any adverse party has the right to be present at the hearing.
Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory remedies
available to them as outlined in the enclosed inspection report form.
For the Board of Health: Reply to:
anne Scott Jose L. Diaz
Health Agent Sanitarian
Certified Mail: 7099 3400 0009 4079 0788
CC: tenon Bldg. inspector
• ppq CITY OF SALEM, MASSACHUSETTS
BOARD OF HEALTH
� 120 WASHINGTON STREET, 4TH FLOOR
SALEM, MA 01970
�R��'aNt TEL. 978-74 1-1800
FAX 978-745-0343 Page 1 of
STANLEY USOVICZ. JR JOANNE SCOTT,. MPH, R5, GHO
MAYOR HEALTH AGENT
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimrrm Standards of Fitness for Human Habitation
Occupant
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Address: Apt-#---/ _ Floor_Z_
Owner: , „��/ 1�:7���,1, ,u Address/ j6
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Inspection Date: az 3 Time:
Conducted By:_,:72�e ,{, Q/�/Z Accompanied By:S�'�Q/
Anticipated ReinspOction Date:
Specified Time Reg.#410.. Violation(s)
Based on a tenant complaint an inspection was conducted in accordance
with Article 11 of the State Sanitary Code 105 CMR,410.000.
Upon inspection the following were noted:
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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)
Code Enforcement Inspector
Este es documento lenal importante. Puede que afecte sus derechos.
PIIA.+A neem oirir 1lnn tracil oeytion rip Psta forma sies necesario Ilamar at telefono 741-1800.
Appendix II (14)
Legal Remedies for Tenants of Residential Housing
The following is a brief summary of some of the legal remedies tenants may use in order to get
housing code violations corrected :
I. Rent Withholding (Massachusetts General Laws,Chapter 239, section 8A): If Code Violations Are Not
Being Corrected you maybe entitled to hold back your rent payments. You Cando this without being evicted if,
You can prove that your dwelling unit or common areas contain code violations which are serious
enough to endanger or materially impair your health of safety and drat your landlord knew about the
violations before you were behind in your rent.
You did.4ot cause the violations and they can be repaired while you continue to live in the
building.
You are prepared to pay any portion of the rent into court if a judge orders you to pay it. ( for this,
it is best to put the rent money aside in a safe place)
2. Repair and Deduct(Massachusetts General Laws,Chapter III,section 127L):The law sometimes allows
you to use your rent money to make the repairs yourself. If your local code enforcement agency certifies that
there are code violations which may endanger or materially impair your health, safety,or well-being, and
your landlord has received written notice of the violations,you may be able to use this remedy. If the owner
fails to begin necessary repairs (or to enter into a written contract to have them made)within five days after
the notice or to complete repairs within 14 days after notice,you can use up to four months rent in any year
to make repairs.
3. Retaliatory Rent Increases or Evictions Prohibited(Massachusetts General Laws, Chapter 186, section
18, and Chapter 239, Section 2A): The owner may not increase your rent or evict you in retaliation for
making a complaint to your local code enforcement agency about code violations. If the owner raises your
rent to try 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 or if he or she tries this.
4. Rent Receivership (Massachusetts General Laws Chapter LI, section 127 C-H): The occupants and/or the
Board of Health may petition the District or Superior Court to allow rent to be paid into court rather than to
the owner.The court may then appoint a"receiver"who may spend as much of the rent money as is needed
to correct the violation. The receiver is not subject to a spending limitation of four months'rent.
5. Breach of Warranty of Habitability: You may be entitled to sue your landlord to have all or some of your
rent returned if your dwelling unit does not meet minimum standards of habitability.
6. Unfair& Deceptive Practices (Massachusetts General Laws, Chapter 93A) : Renting an apartment with
code violations is a violation of the consumer protection act and regulations, for which you may sue an
owner.
The information presented above is only a summary of the law. Before you decide to withhold rent or take any
other legal action, it is advisable that you consult an attorney. If you can not afford to consult an attomey. you
should contact the nearest legal services office, which is
North Shore Community Action Northeast Housing Court
Programs Inc. 2 Appleton Street
98 Main Street Lawrence, MA. 01840
Peabody, MA. 01960 (978) 689-7833
(978) 531-0767
CITY OF SALEM HEALTH DEPARTMENT
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Salem, Massachusetts 01970 Page �2- Of 2—
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