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26 GARDNER STREET - BUILDING INSPECTION 26 GARDNER STREET T 1 fv 26 GARDNER STREET 392-14 cls#: ;5412 COMMONWEALTH OF MASSACHUSETTS (Map: 134 Block: CITY OF SALEM (Lot: 0006 ,Category: I(1) SINGLE FAMILY Permit# 392-14 BUILDING PERMIT (Project# JS-2014-000859 Est.Cost: $25,000._00 Fee Charged: _-$180.00 - Balance Due: __S_.00 PERMISSION IS HEREBY GRANTED TO: Const.Class_ _ _ . (Contractor: License: Expires: Use_Group: �—_ .MIS Construction, Inc CONSTRUCTIO SUPERVISOR- 106470 03/19/2016 Lot Size(sq.-ft.): 40_79_.829_6_ Zoning: R2 T_10wneY: Hollie Sanford nits Gained: APP i[cant: MJS Construction, Inc U (Units Lost _ AT. 26 GARDNER STREET (Dig Safe#: 1 _ ISSUED ON. 14-Nov-2014 AMENDED ON. EXPIRES ON. 13-May-2014 TO PERFORM THE FOLLOWING WORK: NEW SHINGLED ROOF,NEW VINYL SIDING,GUTTERS,BASEMENT WINDOWS,&REPAIR OF FRONT STAIRS POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: Meter: Footings: Rough: Rough: Rough: Foundation: Final: Final: Final: Rough Frame: Fireplace/Chimney: D.P.W. Fire Health Insulation: Meter: Oil: Final: House# Smoke: Treasury: Water. Alarm: Assessor Sewer: Sprinklers: Final: THIS PERMIT MAY BE REVOKED BY THE CITY OF SALEM UPON VIOLATION OF ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC-2014-000868 13-Nov-13 1065 $180.00 GeoTMS®2014 Des Lauriers Municipal Solutions,Inc. 7 / q5 C ) � 3g -a3�i � 1 � aaP7 - aall /', �� O-A . . /1--) . r ��ONU1T CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCS, MPH, S,CHO NINE NORTH STREET dHEALQ"AGE Z Tel: (978)741-1800 IW Z September 1, 1998 Fax:(978)740-9705 0 o w w N i 7 ZJ=h Keane—Jr.L(LI, V,z_9Everbank RogLif "Sn�m, Mf,01'91 _ D@Rr Mr. Kane :-cj 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 II: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property located at 26 Gardner Street Apt.#2 occupied by Rebecca Turner conducted by Jeffrey Vaughan, Sanitarian on Monday, August 31,1998 at 3:30 P.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to 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: oanne Scott Jeffrey Vaughan Health Agent Sanitarian cc: Tenant, & Plumbing /Gas Inspector Certified Mail #Z 279 293 174 JS/sjk me� "`'. SALEM HEALTH DEPARTMENT 9 Norah Street Salem,MA 01970 State Sanitary Code, Chapter II:,105.CMR 410.000 Minimum Standards of Frtn'ess'for Human Habitation Occupant: Rebecca Turner Phone: 825-1788 Address: 26 Gardner Street Apt. 2 Floor 2 Owner. John Keane Jr. Address: 9 Riverbank Road Salem, Me. 01970 Inspection Date: August 31 1998 Time: 3:30 p.m. Conducted By: Jeffrey W Vaughan Accompanied;By: tenant Anticipated Reinspection Date: days from certified receipt Specified Reg # Violation Time 410. :. r, -Due o a tenant om lai t an ins ection was conducted in accordance with Article II State Sanitary Code 105 CMR 410.000. Upon ins ectio "the ?611qwing were noted:' - - - - .C�FacrS. ' ai _ S nvv N Fvl .o '✓ •�� /� � �O — d�AS71/doo.'� F�rf/C %S /U�,T J 7� A C A " /�i�_ '> /' T Go✓c.w s�.'SS,:...i �fiY :� 7/ .. / � /CG/J l.,�rro /J.u� � Cee I / �•v.� -� .,/ A4e STA./Eui/lz. l %C �r L Ik 2- One or more of the above violations may endanger or materially impair the health, safety and well-being or the occupants(s) Sanitarian e Ent or ment Inspector Este es un documenlo legal imponante. Puede que afecte sus derechos. Puede adqujhruna traduccion de esla forma. 1M� r a5 .— iVIN ll<t� i�� l .�tEiY `�5 `s 5 rt, :.� F , ? et • APPEID (14) Legal Remedies for Tenants of Residential Housing The following Is a brief summary of some of the legal remedies tenants may use In order to get housing code violations corrected: 1. Rent-Withholding-(Massachusetts General Laws,Chapter 239,section 8A): If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments.You can do this without being evicted if: A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and'diafyour landlord'laiew about the violations before you were behind in• yourrent. B.-You did not cause the violations and they can'ISe repaired while you continue to live in the building. C. You are prepared to pay any portion of the rent&to 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. Bop it and Dedu !(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows you to use your rent , money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,safety,or well-being,and your landlord has received written notice of the violations; .you maybe able to use this remedy.If the owner_fails-Lo begin necessary repairs(or to enter into a written contract to have thedr made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent iniang year to make the -- .- -- 1 Retaliatory Rent Increases or Evictions Probibr (Massachusetts General Laws,Chapter 186,section 18,and Chapta239,::- section-2A).`the ownermaynotincreaseyour rent orevict you in retaliation for making a complaint to your local code enforcement agency_about code violations.If the owner raises-your rent t_o tries to.evict within six months after you have made the complaint,he.or she will:hava.to-sbow.a good reason for the increase or eviction which is unrelated to your complaint..You may be able-to sue the-landlord-for damages of he or she tries this.- 4. Rent R crive_ah (Massachuseas Genera!Laws,Chapter 11,section 127 C-R):The occupants and/or the Board of Health may petition the Districtoi Superior Court to allow rent to be paid into.court rather than to the owner.The court may then appoint a "receiver"who may spend as much of the rent money as is needed to correct the violation.The receiver is not subject to a spending limitation of four months'rent. 5. Breach of Warranty of Habitability: You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimum standards of habitability. 6. Unfair and Decen iv -Practices(Massachusetts General Laws,Chapter 93A): Renting an apartment with code violations is a violation of the consumer protection act and regulations, for which you may sue an owner. The information presented above is only a summary of the law. Before you decide to withhold your rent or take any other legal action, it is advisable that you consult an attorney. If you cannot afford to consult an attorney, you should contact the nearest legal services office, which is: Neighborhood Legal Services 37 Friend St_ Lynn, MA 01902 (617) S99-7730 r - Page ,I of a SALEM HEALTH DEPARTMENT 9 North Street Date: _g13i/yv •ev4�` Salem—MA 01970 ' Name: Address: s— Specified Reg # Violation Time 410. . . . 7d > G Tc e r M qi✓ a/ S Sp0 IC 2 Doe S V $ l 3 >C oa.,v o I -------------- { Page of SALEM HEALTH DEPARTMENT Date: 9 North Street ipy4�� Salem,MA 01970 - Name: Address: Specified Reg 1F Violation Time 410. . . . i i - I 1 1 i a who does not reside therein and or agent for such dwelling who resides thuun, shall post and qn pwner of a dwelbng which is rented for resident al use shall for who does not employ a managera nta.0 d on such dwelling adjacent to the mar maintain or cause to be posted and m his names such dwelling or_clsewhere in the.lntcnor,bE such dwelling 7e �es°n s z blb t�oNgthe residents a notice constructed or durable maret he not less than 20 sq orpartnership. the name, address ownerisa realty tnrst Oeed. If the owner is a address and telephone numbu.. if e ° trustee or panncr shall be P oration shall and telephone number of the managing agent who docs not reside in such dwcWng- corporation, the name, address and telephone number of the president of c co to s a manzger or ag also be included in the be posted Where the owner amp address and telephone number shall such manager Or agent's-3. § 3 notice (See ,,,LG-L, c. 143,§ �S ) Cite of *aYETIt, fHa$!5arbUgEtt!5 s Public Propertp Mepartment iguilDing Mepartment One Tatem Oreen (978) 745-9595 Cxt. 380 Peter Strout COCKY Director of Public Property ��++ Inspector of Buildings December 16, 1998 Zoning Enforcement Officer John Keane 9 Riverbank Road Salem, Mass. 01970 RE: 26 Gardner Street Dear Mr. Keane: Due to a complaint received by the Neighborhood Improvement Task Force, we are requesting a meeting at the above mentioned property to address the following violations: 1. That the third floor illegal apartment is again being occupied. 2. Exterior siding and porch issues have still not been addressed. 3. Unregistered car in driveway more than thirty (30) days. 4. Bulkhead in rear of house is missing. Please notify this department within fifteen (15) days upon receipt of this letter, to inform us as to what course of action you will take to rectify this violation. Failure to respond will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, V Thomas St. Pierre Assistant Building Inspector TJS: scm cc: Pat Carney Councillor Kelley, Ward 5 ofttlem, ttssttcljuse##s n Ponra of �"eal Jan 5 8 34 GH CITY OF SALEM, M, CLERK'S OFFIC: DECISION ON THE PETITION OF JOHN P. KEANE FOR AN ADMINISTRATIVE RULING AT 26 GARDNER STREET (R-2) A hearing on this petition was held December 7, 1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill, Nina Cohen and Arthur LaBrecque. Notice of the hearing was sent to abutters and others and notice of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners are requesting an Administrative Ruling in accordance with MGL 40A, Section 8, concerning property at 26 Gardner Street. The Board of Appeal, after careful consideration of the evidence presented at the hearing, makes the following finding of fact: 1. Petitioner sought to demonstrate that the property at 26 Gardner Street had been used and occupied as a three family dwelling at the time the Salem Zoning Ordinance was passed, in 1965. 2. No physical evidence was offered in support of the petitioner's allegation. The property owner, John P. Keane, stated that the building contained 3 separate apartments when he purchased it in 1979. He further represented that no building permits were issued for any new construction on the property, except for roof repair work, between 1965 and 1979. 3. Thomas Crane, who resides at 38 Gardner Street, stated that he had known the provious occupants, the Cloutier family, during the 1960's and that he had entered the house many times during that period. He stated that the house was wued at the time as a two family dwelling. 4. Richard Dion, who resides at 23 Gardner Street stated that he too had known the previous occupants and had entered the house during the 1960's when he was living at his current residence on Gardner Street. He stated that the house was used during that period as a two family dwelling, with members of the family occupying room on three floors. 5. Three other abutters, Richard Reed of 16 Cabot Street, Ann Sylvester of 18 Cabot Street, and Susan Dion of 23 Gardner Street stated that it was their belief that Mr. Kean's property was first occupied as a three family dwelling after he became the owner. DECISION OF THE PETITION OF JOHN P. KEAN FOR AN ADMINISTRATIVE RULING AT 26 GARDNER STREET (R-2) page two Therefore, based on the above findings of fact and on evi{ c� p sgnMd -the Salem Zoning Board of Appeal voted unanimously, 5-0 to delf,� 9e t ti9ae�es request for an Administrative Ruling regarding the legal 6fA� BF &eE&rper y. ss CLERK'S OFFICF Nina Cohen/� /� - ct/X fjl/�l, N.; - A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE ' C TY' CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 °�` . -' days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the= `:Variance or Special Permit granted herein shall not take effect until a x `copyrof the decision bearing the certification of the City Clerk that 20 ...day-have elapsed and no appeal has been filed, or that, if such appeal has . been-filed, that it has been dismissed or denied is recorded in the South " Essex-Registry of Deeds and indexed under the name of the owner of record -orris recorded and noted on the owner's Certificate of Title. Board of Appeal Ctv of $Ulem, 41ttssadjusetts �Roara of �ppeal JAN 5 83 4 CITY OF SALEM MAS; CLERK'S OFFICE DECISION ON THE PETITION OF JOHN P. KEANE FOR AN ADMINISTRATIVE RULING AT 26 GARDNER STREET (R-2) A hearing on this petition was held December 7, 1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill, Nina Cohen and Arthur LaBrecque. Notice of the hearing was sent to abutters and others and notice of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners are requesting an Administrative Ruling in accordance with MGL 40A, Section 8, concerning property at 26 Gardner Street. The Board of Appeal, after careful consideration of the evidence presented at the hearing, makes the following finding of fact: 1. Petitioner sought to demonstrate that the property at 26 Gardner Street had been used and occupied as a three family dwelling at the time the Salem Zoning Ordinance was passed, in 1965. 2. No physical'evidence was offered in support of the petitioner's allegation. The property owner, John P. Keane, stated that the building contained 3 separate apartments when he purchased it in 1979. He further represented that no building permits were issued for any new construction on the property, except for roof repair work, between 1965 and 1979. 3. Thomas Crane, who resides at 38 Gardner Street, stated that he had known the provious occupants, the Cloutier family, during the 1960's and that he had entered the house many times during that period. He stated that the house was wued at the time as a two family dwelling. 4. Richard Dion, who resides at 23 Gardner Street stated that he too had known the previous occupants and had entered the house during the 1960's when he was living at his current residence on Gardner Street. He stated that the house was used during that period as a two family dwelling, with members of the family occupying room on three floors. 5. Three other abutters, Richard Reed of 16 Cabot Street, Ann Sylvester of 18 Cabot Street, and Susan Dion of 23 Gardner Street stated that it was their belief that Mr. Kean's property was first occupied as a three family dwelling after he became the owner. DECISION OF THE PETITION OF JOHN P. KEAN FOR AN ADMINISTRATIVE RULING AT 26 GARDNER STREET (R-2) ✓ l page two Therefore, based on the above findings of fact and on evidanp s_g- d -rhe Salem Zoning Board of Appeal voted unanimously, 5-0 to de!{}Salem request for an Administrative Ruling regarding the legal 6F Yki�HSPie_EgropSS y CLERK'S OFFICE Nina Cohen _ 00000 A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THS. r $ ` CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of-the Massachusetts General Laws Chapter 40A, and shall be filed within 20 W ±.� a. days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the»' Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 day have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South- Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal �N n�;ADULT " R / Trfal Court of Massa SUNT ' `JUVENILE , btstrict.Court Depart ., hnt �.wAREST -`*� V:,HEARINO.- - ..,�.❑.SUMM -s<-- ❑ 1NARRANT COURT DIv1S - Thevithin-named piamant-reeqqueafs that-a co aint Issue against-.the within ; ,, •,r named defendant,ch ging said defendan16ted below.:-. . h .DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE; `^'es=•+i^w ,., - z: ," -01 -- August 30'.1994 26 6arisr_gtrest-:- NAMEOFCOMPWNANTa .e,rk Of NO OFFENSE' ::'!`.ft afld�S9C ..� ..Ulm I��II$ -s.•,'' � ADDRESS AND ZIP CODE OF COMPLAINANT -�"'r '"+^•* r �,^�^ �` =>lfii>1iC1p16ette •s yr:l96f '° fty of . -" ,.•...w�' s .__„ t :aild LSiGt 13i .:..� �H ®�8 aye, + �`^.*°•�� :.. �_. .: *CvtOV S +•r Duma _f1�� 'VL7/V z�'. "n '+ "'E b� yi •,€ u_ NAME ADDRESS AND L DEFENDANT DEFDANr � =`z• -y ^:-' rh "a. ` * '^" 1 -°�7"i'�' F� ' .tO11Q, P. !@ a ��, ,x -. a�'%a.- •` ' "Y" Tk.'; �• �-=t M?•t r,:aca:p .'%a• .+Gkl • � 9_tiiivsrb=Vlosd 'c .. _ 3 baLen a Base. 01970- 77 COURT USE A hearing upon this complaint application _ DATE OF HEARING r u TIME OF HEARING ONLY will be held at the above court address on d AT 0A s n a CASE PARTICULARS =BE SPECIFIC ' ` NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE-0FQELED�`r. +a} NO. Owner of property: n Goods stolen,what - Ow or under _ SUBSTANCE person assaulted,eta - - destroyed.etc. 5250. - - Marti W44 Rs — �. «JR4_ R REMARKS: Failure to comply to,txty of`talem' Zoning-Ordinaace ' _= X. SIGNATURE OF COM"ti" DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. ;- ' • - DATEOFBIRTH PLACEOFBIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT I WEIGHT' - HAIR OCCUPATION EMPLOYERISCHOOL - MOTHER'S NAME(MAIDEN) FATHER'S NAME- DGCR2(3188) __— (situ of iWjem, massac4usetts Ilublu propertq Repartment $uilbing Repartment (One efalem Orem 508-735-9595 fxt. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 6, 1994 John P. Keene 9 Riverbank Road Salem, Mass. 01970 RE: 26 Gardner Street Dear Mr. Keane: After inspecting the property at 26 Gardner Street, violations of front stair rails, and missing risers at rear stairs were noticed. It is required that these violations be corrected. Please contact this office within (7) seven day upon receipt of this letter to inform us of your intent to correct these problems. Failure to do so could result in legal action being taken. Sincerely, Leo E. Tremblay Inspector of Buildings LET: scm cc: Ginny Moustakis , Health /�� David Shea /�� P M. CAHILL & SON OXFORD MOTORS FUNERAL HOME OF SALEM Telephone 531-0472 — 1 INC 20 CHURCH ST. PEABODY, MASS.: ` 134 GARDNER ST--CDAdd _ at- GARDNER OAF. 5�I� 69 6 FLN111�R'tAMW693i� GARDNER ST (PEABOOYI-FROM i],_= ., 70 07� PULASKI EAST TO SO MARGIN OE ME LLO JORGE A •�1-9011 7/ 66 FLYNN ARTHTIMOTHY E • 746-315 72 2 SAINT JO SEPHB RECTORY 531-0067 ] SNIDER ARTH H JR 744-9319 SZVMANSKI METHOD M REV 74 'J SHARER SAME. J • 744-403 7 C RROLL ARTH R • 744-9 3 • ROBINSVALOTTON SAMUEL E 43128031 75 1-j 1 . 1 CA RROLL JENNIE M MRS VALOTTO ANf.ELO E • 532-0684- 76 DUDLEY JOSEPH E JR 431-8163 B SIMARDN ABR-J • 745!604- 18 5 SAINT PIERRE PHILL[P P • - S3MARD SYLY IO J ELECTN 7p-4616 so y as OARIELS ADRIENNE 8 MRS _ 6 NO RETURN 745-4747"-• B MC CARTHY JOHN J • 53122/62 _ 5t Ali RIGW KERDIMANO•.GAPMLA .__ 9 RICHAROSON RALPH P • 531-I254 e1- It VACANT 44-1360 ] 9 PERRY 1360 A HOWLAND GENE • 532-1945ELIZ - 12 BERNSTEIN NORMAN • 531-4039 CANTAHARD HENRY G 745-5304 13 GURKE CHARLES D • 431-8692 -3 1 CNTY JOHN J 745-4292, 85 10 4 6 4 ASSOCIATES PN S 14 FLYNN THOS F • 531-0313 v 47 � S MARCHAND JOSEPH H JR 744-9151 IS ANKELES ABR • 531-1380 89 Sales' BAKER'LOUIS E • 744-241 16 DONOVAN FRANCIS L • 531-7890 93 11 COTE TREFFLY D T44-2487_ T t] ROBERTS FRED • - Servke. ROBERTS FRANK 53/28098 ll6.NARR{NGIDN„KENNETJI_N.7AS"Q�r IB KAROARIS JAMES • 33120571 12 VACANT - ---GARDNER RO BEGINS GA NENNESSEY MARGT M MRS 743-19a t9 PATARD ALBERT G • 531-2332 278 DERBY LEE MARY E MRS 74426665 MICHAUD JOSEPH A 331-2988 L3 THERIAULT KENNETH Y 744-447A, 23 COAN ANDREW J • 531-1154 2 25 MERRILL ROGER C • 531-1249 THERIAULT STA9IA M MRS • 3 TEL. 744-48959 26 WEBS SPRISCI L • 532-0337 4 744-5310 l4•PELLETIER' 1LPR O 94MT109 27 PRATT PRISCILLA • 33120662 7 1 8 TRASK WM P SHEEP SKIN BROKER • DUPU15 LOGIEN L 74428988 -�� 29 431-INS IS GAGNON HENRY • 745-1659'N' 29 SARNABY ANNA 8 MRS • 531-0806 1 KRINSK SAML 744-8692 1 - .. 16 Atb Ip —BURNMAM RD BEGINS _ t RICARO VVGHNE MRS 7453373E 30 VACANT 1 � 19 MASON HELEN G • S31-836$ 31 PEIOLET ON EARLE R • 431-1661 1 L7 JAWORSKI CARROLL J 744-1181- 33 PRATT ERNEST F 2 RODRICK BERTHA M MRS 745-2990 34 SPANEAS PEDRO • 431-6329 2 18 TURCOTTE ANNIE • 745-1834- 35 MC GREEN HENRY E 532-0142 1 HIGGINS ROOT W 745-0272 36 BEIRNE EDW J • 531-1475 i DEMERS LUGGER O 745-2263 37 MONARCH OIL CO FUEL OILS IFFIN RICHD P 744-71-OA. 431-0325 19 GR CHALIFAUX HILDA MRS 745-3660 GARDNER HAFRY • 53126073 H 20 SORENSCN JOHN R • 745-0291 38 SULLIVAN DANIEL F JR • a 21 PARISIEN LOUISE M 531-1187 OESCHENES JOSEPH • 744-4119 39 KILEY PHILIP F • 531-6893 S BLANCHETTE HENRY 40 SCANGAS JAMES N • 532-0511 22 NO RETURN 41 APOSTOLIDES FARNIS 531-6631 OENNEHV ROOT F 744-6575 43 PARLEY JAMES E • 53123395 e KEEGAN LILLIAN E MRS 744-2421 —SENECA RO BEGINS Wg S2 WILCHINSKI CLARENCE J • ' --CABOT INTERSECTS 531-6869 _ WED g 23 MORIN ERNEST • 54 HARRIS WM L • 331-0529 to gg F4 DIONNE ANITA B MRS 7N-662] -.ABI NGTON BEGINS I d MCC p RE ALAN RONALD F SS FLANAGAN ARTH J • 531-6441 EG(L 26e..y. .""21-, ---•—� 56 DWYER ELECTRIC CO 53125616 v W 25 VACANT DWYER WN H • 531-5618 H C 26 CLOUTIER MILDRED P MRS • 57 BARRON SABINA E MRS • 531-0288 -,744-3763 58 WOODS CHARLES A • 532-0341 i Z=1'- 27 AUGER LEO E COML ARTIST • 59 OULLEA EDW J JR • 531-9274 t �7 0 YYq 744-1117 60 BOYO THOS A • 531-4059 ' W 2B.MARTEL ARMAND Z • 744-7631 Ew A O 61 SULLIVAN MAORI CE L • 431-4820 w p 29 VACANT 64 WOODS JCHN P • 531-1107 1yr Q= 30 CASTONGUAY ALF A • 744-5731 62 GOLDBERG MILTON • 531-5068 - v O e a MERCIER LAURENT O 65 COLLINS WM F • 531-1621 Z j0 CW ]2 CA MIRE CECILE MRS • ]40-574y- 66 GORMAN DANL E • 531-8194 W` �Z p 34 LE TARTE JOSEPH F • 744-9411 67 TREMBLAY THEO J • 531-2176 H ME W 6 0�p 36 CRANE JOSEPH J 744-67j9 6B VACANT 1K (3 38 CRANE THOS R • 7N-2917' MC NIFF ARTH J 531-9546 N ELMER L. McINTIRE- LOCAL & LONG DISTANCE MOVING D, Goods Insured In Transit•24 Hour Service a 18 Riverview Drive Middleton,Mass. Tel. Danvers 774-3496 t ,1 WARD rivd re!D]LT T®1p Wum r:9d PBmA.T TIdO - Na Ngme of Penes 7ialed Oreo Reg.Wt Year NaM7 Y Na Name o3 Penna Udell Age Oce�me Rer.WC Ywr Nal7h e Woo G7PH®Ser. awmm m. 5 Riaaottl, Lessem• 42 Shlpper 17 Jaaysla, SASH 57 R.Y. • 7 ahlab.MM I. 64 PAlnw 17 Rodrlek, Beane 77 At bead • 9 hulled.Aletle..D. To H.Y. 17 gekedide. Gleet 44 "threader ser. ~: • u adr, RSebed 30 IDI aper. 17 Ptlaear. Jsamat" 42 Ree•Nes. ♦ 11 ay. JdAk" 29 R.W. ♦ 18 Prosgmbar.MaMlra u Iadp Nes. • u Sale., Dorotw 23 Sear• • le Toreeta. Awe 64 Ta.dhar • u galas, Dddald C. 27 Self eMPUYad • le HLSpm,Robert 36 hearer Is 18Higgins, Calla 37 At bas - YAMWI ST. • 18 Dewe. Albetlna 62 H.Y. • 1 OSJbe. Breara $$ Clark • IS Damn. Cr.L. 64 Leads,sur. _ 1 ashard, YmeeA J. 69 Ratfead 19 PrauTa.19 , al" 46 A ems • 1 adherd,Yllemfae 64 H.Y. Is 20 Smreaadd, Jam R. 39 Lea.sees. 1 Tribal 4"sns 50 Clark • 20 Saran, T4araas M. 36 H.Y. 1 Tae W. Rare 56 Baq yd-sir. 21 Marla, RAaM M• 20 PWpekr 173 lafaystte St. • 3 DeetEu. ga"arine 74 At We 21 Mods, Patr1W J. A H.W. 173 West"St. 5 Cham, Water P. 48 At peak • 21 gladdest".Boa. 70 At hos • - 5 Com., Ju1Lu a. 47 Pheraeafat • PL paeaeadda.J."Ph 73 PAvter - • 7 }.neat, pmed"a 39 H.H. • 21 Dkesd a ed. toklaa 65 At Adds 7 Ie4ent. Stephan v. • 22 LeDeaa. Pr1 S. 39 Dodd.sash. Dern • u Baehr. tleM )9 Bdtle. 22 III Charlotte A. 36 H.Y. ♦ u Beecher. SASrlay 34 H.H. • 22 6kged, 1111.d 59 SAsalaCy • 15 S-1, earls- 34 led.W. . 23 Reeved,Ronald Y. 28 Oem•leder. • 15 Sauce, Plrgfals 34 H.W. • 23 ballad. Am wle 22 Dana lrstr. 29 0YU)tlm ST. • 23 Mame.Adite BB!• 59 BLP. • 23 Merle, Avama 7T At Meed 1 CNet",Berle• 54 H.H. Is 23 Marie, Greene 32 Tel. "par. 1 Chaessi", Charles L. SO Clare • 23 Marla, JrKeat 01 Yreash 1 Trea,lr, HAm 57 Suparrle. 23 Marls,Gersedrk 51 At seek 1 Tremblay. Celle 52 Blame • 26 aadwr.Mildred 51 H. Y. Is 91tem, Dorm52 . 26 Cleataler, Aruwr 27 U.S.R. 2 Amu, Irani 63 At see. 26 Modaolak. We 31 atasr,eked. • 2 D.Na, Armee 45 Lebavr 26 Mddedat, Bette 29 At bs 2 DLdJdd, Merle SO At haske • 27 A Mr. Led F 62 C.astlr Baser, Richard 29 M.dAwst Is 27 Added.Merle L. 59 T..dhar 3 Bmusar. Jr1ak 2d H.Y. . 28 Mar"1, Are•ad M Lab. M.h 3 Man, Adolph. 73 Clark • 28 b i, b"el P. 40 0. 8. sees. _ J aon, 81eanr34 At bar • 30 Wilder. Alfred 50 Deetlet 4 St. Pierre, Mary J. 46 M. 4 aero. • 30 Cea"ssf. Crile 49 Clan 4 St. Pure• WC111e W. L1 H.W. 30 Merle,a"re 75 Ratlrr • 5 ROY, Ada 54 H.Y. 30 Metamer, Lheseet 27 Orpew 5 ROY, RaYmdM 29 U.S.M.C. • 32 Cadre, Ge.ile 54 At adds, • 5 Roy, Wllu" 52 Cat•kneed • 32 Habyl, Fraderiak 73 Meehlolet _ 5 Roy Ar Marl. 20 0.ser• • 36 latrts, Csalis 46 H.Y. 5 Weld-, Leule 42 Maehloir • 34 Astarte, Josem P. 55 Clark • 5 We"no, Iran LO Also.ales• • A Lew., Sell 22 U.S.M.C. • 6 VIM,M11red M. $8 H.H. • M Cread, Dorothy e. 45 H. M. 6 Fyr, Tlkdthy 9. 67 later ' • 36 Cr., Jrape J. 46 Tal.repair. 6 Flynn. Tikder 8., Jr. 34 City sees. • 36 trams. Th. 50 T.I. rap. • 6 n ad, Briar 24 Bartender 36 Racy Mede BO At ane 6 Fyn, Jeep 23 Se-1- i Sadder. baa 53 H.H. GOVA M. • 7 SNddr, Seakl J. W Clerk 7 Oanst, Arte. 52 atter • 1 Jeffrey. Serge )5 laE.er 7 "net.An.". 52 She.Ser. 1 Jammy, dereldla. 35 H.Y. T. Carroll, Arthor,R. 51 Learn 1 Pomade, Gail.M. 5d H.W. • 7. Carroll, Artw R., Jr. 29 Lear. 1 Pac.Lld. Jas. 57 0. B.Yw. • 7. Carroll, Mary M. 51 H.M. 2 BrmLl rI, Nardad 24 Pecker • 7. Carroll, Jar"M. 78 At hada 2 Bseviles, C."erin 49 R.W. d Areddsn, Abrehr 74 Marcreent Is 2 BsealiaW, Wrists 52 Sh.kw. 8 Aroeaon• Armin 73 At Ase ♦ 2 farrita, Alice 61 H.V. d Simard, SYle10 6 RrwAan 2 Ler1N, Harry 61 Cheuffer d Shard, Bra 3 Malkanki. Paver Jr. 23 a111 Seer. d DaNs,le, Aatera 57 Clark 3 Ms3Yoarti,Seddeism 57 H.W. Rima, yerhmad 51 Carpenter 3 91A h,ty Waitaki,D. 48 Tr. driver • o} RSoue,Mar..at 54 Cal.esker 3 Blemnet., Alit. L7 Parker s} Canty. Jonn J. 76 At heap 4 Cherrte, Caleatla 59 Roofer 9 Perry, M.sbeth W R.I. mese. 4 Charrae,Rsaa Alma 61 H. W. • W Baker, Bette 8. 59 H.W. 4 Issaat". HAM J. 39 Le.. Mara 10 Saar. lain. R. 64 Atsarr> 4 Ieadda, at.A. 40 H.W. ♦ W Ginb•rg,Mr 57 Praleien 5 SlAmhatte, Albert 35 Carpenter le Mitten, Sel ked 94 Retied 5 BlamCkt", addle 32 H. W. • 30 Wchar<, Jan A. 64 H.H. 7 Collier. 0kale L. 59 Salted • 10 Marchand, Joseph H. 46 Meet atw 7 C.All•r. Hays 51 H.R. • 11 GaJe.a, Stealer 56 0. M.Ser• i CalAar, MM. 23 Had. easy. • U G♦fir1, AnAa 50 At hmk 9 Tarddff, Wtaar J. 55 Ms ear. • 11 G.J..". .thr 23 Bark onset• 9 Tadlff, Richard 29 Red.eve. • u Cb", iref[la 51 Machiadat 9 Tardlff. 9101. 50 H. Y. • 1] Co", a" 46 Res,t.Ser. ♦ W Agfa. Prlls LL At some •11} Harrisods. "ronin 50 Pregeaaa W Alel.. P.trlela 20 Waitress • u} nerIs after. ... . Al row • 11 MleNad, bbart 27 At res ♦ 11} Harringer, Richard U Mew ales. • u M chaud, lads 26 Tel.co.kw. 113 Harrimidn. bnLe 22 U.S. A. r. • U Mdle.ar, Ra.mr T. 35 N--- 12 ur.12 C.liahr, allea A. 39 H.W. • 12 maleness. J...pe D. 40 G. e.Sew. • 12 Call"", Other C. L2 S.Idema - • 13 Dnrea. leaders N. 26 Tarhdfalan • 12 Ha..--Y, Merear.t 69 Tei. agar. • 13 Darer, Ideas M. 51 H.R. • 12 Serrate, Malan F. 43 T.I. mer• • U Daeoe, mile 54 PLetagrepear 12 Lee, Man A. 48 At hake • U as". "Ad H. 24 Mrs.Sew. • 13 r.lkaeael. Serdad 45 City alar• • 15 Vial, Mary A. W At tam • 13 Peri lkae . HeM F. 49 ate akr. • 16 Baled, Catharine D. 47 H. W. U P.Wonkl, J...phi. 77 At asks • la Slee, Ralph F. 49 Valid. • U TMrLe•Lt, Stall. 51 At head • 17 S".rd• Rose V. r9 la..Ades. • 13 TMrlealt, Kama" 25 Clerk • 17 7aboets, Aire L7 Shed ave. • 1J Therirlt. Jeama 24 H.W. • 17 hoar-, Veeatn 45 Waitress • 3 Pallatler. Wu1ad 50 H.W. IS Pala dy, home 64 H. W. • 14 Pelletier, Wilfred 59 Secy. IB P-1-rely,Margent 16 NaraM' A" ♦ 14 spam. Wcian L. 63 Ras. sw. • 19 Kenyon. Gang. xJ MrNAet W mpdis, Rrhal 57 At sane • 19 Kanrss, stairs22 H. W. • 15 Gages, HeM 67 Clerk . 19 t~, Jesse A. 36 Clerk • 15 Gagen• ft.. PW 65 H.W. • 19 L , Thane 4 36 H. W. • 15 Kr1mk, Ser. 71 H.W. • 20 @.Mon", Dams.J. 41 Labors • 15 wink. SAmsl 67 Sale. . x0 laregonie,Gartar 32 H.W. • 16 tease. S•mal 62 Retrad a 26 Jessie, Abin 73 At ane • 16 Pelletier, ce.p 51 Ida. ave. • 26 Jed•te, Pleraad. 56 Heap.eve• • L6 Pelletier, Water 45 0"s,Ser. • 26 Prkr• Pods, 65 H.W. • 17 J..W, Carrell 57 HM-Ser. . 26 Pr"r. paid A. 70 Pr1Nkr • 17 J.X1, Cornu, Jr. 34 Add. ..It. �4 Mitu of �ttlPm, massac4usetts pro Public Prnpertg Department fi Nuilbing Department (One 6alem Q6reen 500-745-9595 Ext. 3811 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer May 10, 1994 John P. Keane 9 Riverbank Road Salem, MA 01970 RE: 26 Gardner St. (R-2) Dear Mr. Keane: It has come to the attention of this office that you are allegedly renting a third apartment at the above referenced property. According to the records on file in this department this property is a legal two family dwelling located in the Residential Two Family District (R-2) . We have no record of any permits being issued to convert this to a three family nor do we have any records of the Zoning Board of Appeal having granted any variances to allow said conversion. You are hereby requested to contact this office upon receipt of this notice so we can establish the proper and legal use of this property. Failure to comply will result in the appropriate 'Legal action being taken. Sincerely, Leo E. Tremblay Zoning Enforcement .-Officer T nspector of Buildings LET:bms cr. Councillor Gaudreault, Ward 5 Virginia Moustakis, Health Dept. N. LaPointe, Fire Prevention /26grdnr/ APPLICATION ❑ ADULT " R Trial Court of Massachusetts ; FOR COMPLAINT ❑ JUVENILE District Court Department 3 ❑ A R� HEARING ❑ SUMM s ❑ WARRANT COURT DIVISION The wit,.'n named c plainant requests that a com aint issue against the within Salem District Court named det�ndani, cha,ging said defendant with the o fense(s) listed below. 65 Washington Street DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE August 30,19 94 5/93 26 Gardner Street Salem, MA. 01970 NAME OF COMPLAINANT City of Salem BUilding Department NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT City of Salem t Massachusette Polk's yr. 1965 - Salem District pg. 134 One Salem Green Salem, Mass. 01970 2. City of Salem Sensors NAME,ADDRESS AND ZIP CODE OF DEFENDANT Report yr. 1965 John P. Keane 9 Riverbank Road 3. Salem, Mass. 01970 4. COURT USE A hearing upon this complaint application DATE OF HEARING TIME OF HEARING COURT USE ONLY--* will be held at the above court address on q AT le, io M., ONLY CASE PARTICULARS BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana.gun,etc. 1 2 3 4 OTHER REMARKS: �-'Eailure to comply to City of Salem Zoning Ordinance n a / u xjdata ATURE OF COMPLAINANTDEFENDANT IDENTIFICATION INFORMATION — Compllow if known. ACEOFBIRTH SOCIALScCURITY NUMBER SEX RHT WEIGHT EYES HAIR OCCUPATION EMPLOYERISCHOOL MOTH ER'S NAME(MAIDEN) FATHER'S NAME + COURT USE ONLY ; DATE DISPOSITION AUTHORIZED BY NO PROCESS TO ISSUE ❑ At request of Complainant !i Complainant failed to prosecute n Insufficient evidence having been presented PROCESS TO ISSUE TYPE OF PROCESS ❑ Sufficient evidence presented ❑ Warrant ❑ Defendant faile:l to appear ❑ Summons returnable e ❑ Continued to - __ —a% COMMENTS "TjF,s (+ qSe- ti1gS been reSChe LJI2QQ tD 1-5-95^ Q I )1; 3pgr i City of Salem, Massachusetts . v� FAX # (508) 744-5918 PHONE # (508) 745-9595 FAX COVER SHEET DATE: 7 FROM: TO: ATTN: SUBJECT: COMMENTS : Thank you,, WE ARE TRANSMITTING THIS AND PAGES . IF YOU HAVE ANY PROBLEMS OR OUESTIONS PLEASE CONTACT US AT THE ABOVE TELEPHONE # 02/06/1995 08:46 6176392381 DANE PAGE 01 JOHN R KEANE JR. One Beacon Street ArtonwatLow 24th Floor Telsphone 617-227.2211 Boston,MA 02108 Fax 617-227.4229 January 24, 1995 Dear Kevin and Louise, You aro hereby notified that you must vacate by the end of March 1995 your apartment at 26 Gardner Street. The city of Salem bas determined that your apartment is an illegal unit and,therefore, cannot be rented as a separate apartment. Please contact me if you have any further questions. Sincerely, m P.Keane,Jr. 02/06/1995 08:46 6176392381 KEANE PAGE 01 JOHN R KEANE JR. One Beacon Street Arronw at Low 24th Flow Telephone 617-227.2211 Boston, MA 02108 817-227-3888 Fax 817-227.4229 January 24, 1995 Dear Kevin and Louise, You are hereby notified that you must vacate by the and of March 1995 your apartment at 26 Gardner Street. The city of Salem has determined that your apartment is an illegal unit and,therefore, cannot be rented as a separate apartment. Please contact me if you have any further questions. Sincerely, hn P. Keane, Jr. 02/06/1995 08:46 6176392381 KEANE PAGE 01 JOHN R KEANE JR. Attomay at law One Beacon Street 24th Floor Telephone 617-227-2211 B016ton, MA 02108 817-227-3888 Fax 617.227.4229 January 24, 1995 Dear Kevin and Louise, You are hereby notified that you must vacate by the end of March 1995 your apartment at 26 Gardner Street. The city of Salem has determined that your apartment is an illegal unit and, therefore, cannot be rented as a separate apartment. Please contact me if you have any further questions. Sincerely, (or,L . hn P. Keane,Jr. of "S'ttlem, 'fflttssadjusetts Poara of �ppeal �., JAN S 8 34 AH -z CITY OF SALEM, MAS; CLERK'S OFFICE DECISION ON THE PETITION OF JOHN P. KEANE FOR AN ADMINISTRATIVE '26 GARDNER STREE RULING ATT (R-2) A hearing on this petition was held December 7, 1994 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill, Nina Cohen and Arthur LaBrecque. Notice of the hearing was sent to abutters and others and notice of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners are requesting an Administrative Ruling in accordance with MGL 40A, Section 8, concerning property at 26 Gardner Street. The Board of Appeal, after careful consideration of the evidence presented at the hearing, makes the following finding of fact: 1. Petitioner sought to demonstrate that the property at 26 Gardner Street had been used and occupied as. a three family dwelling at the time the Salem Zoning Ordinance was passed, in 1965. 2. No physical evidence was offered in support of the petitioner's allegation. The property owner, John P. Keane, stated that the building contained 3 separate apartments when he purchased it in 1979. He further represented that no building permits were issued for any new construction on the property, except for roof repair work, between 1965 and 1979. 3. Thomas Crane, who resides at 38 Gardner Street, stated that he had known the provious occupants, the Cloutier family, during the 1960's and that he had entered the house many times during that period. He stated that the house was wued at the time as a two family dwelling. 4. Richard Dion, who resides at 23 Gardner Street stated that he too had known the previous occupants and had entered the house during the 1960's when he was living at his current residence on Gardner Street. He stated that the house was used during that period as a two family dwelling, with members of the family occupying room on three floors. 5. Three other abutters, Richard Reed of 16 Cabot Street, Ann Sylvester of 18 Cabot Street, and Susan Dion of 23 Gardner Street stated that it was their belief that Mr. Kean's property was first occupied as a three family dwelling after he became the owner. < � DECISION OF THE PETITION OF JOHN P. KEAN FOR AN ADMINISTRATIVE RULING AT 26 GARDNER STREET (R-2) page two Therefore, based on the above findings of fact and on evi{ygnc� posgntgdethe Salem Zoning Board of Appeal voted unanimously, 5-0 to de h ners request for an Administrative Ruling regarding the legal L BF &eEgrger y CLERK'S OFFICE Nina Cohen ( A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE . CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of. the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the=, Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 day have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owners Certificate of Title. Board of Appeal �� , E �� CITY OF SALEM NEIGHBORHOOD UVIPROVEMENT TASK FORCE REFERRAL FORM Date: 2 3 f9uk� L Address: ?(Q (=,JM Complaint: Phone #: A4 /A.ok ,��-c• \ Q• �i��r,�_ �-� IOQAi ��/ b� � fil G� Complainant: DAVID SHEA. CHAIRMAN KEVIN HARVEY BUILDING INSPECTOR ELECTRICAL DEPARTMENT FIRE PREVENTION CITY SOLICITOR HEALTH DEPARTMENT SALEM HOUSING AUTHORITY LICENSING POLICE DEPARTMENT PLANNING DEPARTMENT ASSESSOR TREASURER/COLLECTOR PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SHEA WITHIN ONE WEEK. THANK YOU FOR YOUR ASSISTANCE. ACTION: r(",ryg c0 IPLyik 1)6�IL `? 0-Ofl4-f, C cv • I N ❑ ADULT " R Trial Court of Massachusetts INT ❑ JUVENILE District Court,Department tiH !ST HEARING ❑ SUMM S ❑ WARRANT COURT DIVISION The within named c plainant requests that a com aint issue against the within zia em Distinct Court named defendant, Cha ging said defendant with the offense(s) listed below. 65 Washington Street DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE Salem, 0A. OWO August 30,1994 5/93 26 Gardner Street NAME OF COMPLAINANT City of Salem Wilding Department NO. OFFENSE # G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT Massachusetts Polk's yr.1965 City of Salem _. _. . ' Salem District pg.134 One Salem Green ___ - - --- - City of Salem Sensors 2. Repast yr. 1965 d NAME ADDRESS AND ZIP CODE OF DEFENDANT John P. Keane 9 Riverbank Road " 3. —Salem,--Pfase:01970 ___._..__-_.______-___ _- __. - _ 4. COURT USE I A hearing upon this complaint application DATE OF HEARING TIME OF HEARING COURT USE ONLY—ill. will be held at the above court address on AT /O. 30 il h, ONLY CASE PARTICULARS BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, a Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 1 2 3 r 4 `OTHER REMARKS: " Failure to comply to City of Salem Zoning Ordinance X C, it SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE I WEIGHT EYES HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'SNAME s O O 9 Z D Z 1 to O O DC-CR2(3/88) CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970 JOANNE SCOTT,MPH,RS.CHO NINE NORTH STREET HEALTH AGENT August 23, 1994 Tel:(508)741-1800 Fax:(508)740-9705 John P. Keane 1 Beacon Street Boston, Ma 02108 Dear Sir: To date, no electrical work has been performed by a licensed electrician to affix an electrical outlet for the refrigerator in the kitchen of the Torres apartment at 26 Gardner Street in Salem, owned by you. Extension cords are still being used around the roan. Be advised that the Clerk's Hearing at Salem District Court is scheduled for September 9, 1994, at which time you must appear. FOR THE BOARD OF HEALTH REPLY TO: ANNE SCOTT MPH RS CHO VIRGINIA MOUSTAKIS Health Agent Senior Sanitarian is/,m cc: Electrical Department Fire Prevention ---hBuilding Department Certified Mail #�-GL%- K03- /� ..l5�...rai..; ,<�v�r �� J� Y , �}1zE L�E�iazfinenE 9�O�rnHeo�N p 4a 1'afaydte St%zft L ls.&m, J11aiiac4uatffa 01970-3695 J\�Lctt �(�� uxnct '�cL50d-744-123j �i'[E �Z£l'EIzFLUIE C&int FAX= (50 8) -745-46 46 Luzcau 5or-744-6990 NAME : John P. Keane, JR. RE : 26 Gardner Street, ADDRESS : 9 Riverbank Road Safety violations . CITY/STATE/ZIP : Salem, MA 01970 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - AS THE RESULT OF AN INSPECTION OF THE "PREMESIS , STRUCTURE , OPEN LAND AREA, OR VEHICLE OWNED, OCCUPIED, OR OTHERWISE UNDER YOUR CONTROL, THE FOLLOWING RECOM- MENDATIONS ARE MADE AND SHALL SERVE AS A NOTICE OF VIOLATION OF THE LAWS , ORDINANCES, OR REGULATIONS PERTAINING TO THE PREVENTION OF FIRE AND THE PRO- TECTION OF LIFE AND PROPERTY. The Salem Health Department mailed to you on June 2 , 1994, a list of complaints relative to your building at 26 Gardner Street. In that report it made referent to the lack and/or inoperative automatic smoke detectors and to CALL the Salem Fire Prev ention Division, 745-7777 . As of this date , August 5 , 1994 , I have not received any such call . On August 4, 1994 , I conducted an inspection of 26 Gardner Street, the followinc was noted and immediate remedial action must be taken: 1- An illegal occupied three floor apartment with only one means of egress . This condition will be referred to the building inspector. 2- The installation of hardwired automatic smoke detectors throughout the entire dwelling. Violation of MGL,Chl48 , s26e . Copy of the law is enclosed. 3- The removal of the dried vegetation around the electric service drop. The cutting of all and any vegetation (weeds/grass) from the property and dispose the cuttings in the proper manner, that is to bring all cuttingE to. the transfer station on Swampscott Road. copy of that procedure is also enclosed. 4- Removal any and all tires and other debris from the stairwell. The stair- wells are not to be used for storage . Stairwells are for escape during an emergency. Stairwells are to be free and clear at all times . Violation of MGL , Chl48,s5 . Copy of the law is enclosed. 5- The immediate removal of the discarded propane tanks. These tanks can be brought to any propane distribution center. Per Order, cc: r Mayor' s Office , Dave Shea Building Inspector Tremblay r1ir � r',%"Q/'✓ 7 /�t �s 4_.J Health Dept. 43A�RE PRE NTION DIVISION DATE : / Form 25A ( 1/24) SECTION 26E. Local Option for Smoke Detectors in Private Dwellings. In any city or town which accepts this section, buildings or structures occupied in whole or in part for residential purposes, and not regulated by sections twenty-six A, twenty-six B, or twenty-six C shall, within one year of the date of such acceptance, be equipped with an approved monitored battery power smoke detector or an approved primary power smoke detector. For buildings or structures occupied in whole or in part for residential purposes and containing a maximum of two dwelling units, either an approved monitored battery power smoke detector or an approved primary power smoke detector shall be installed on each level of habitation and on the basement level; provided, how ever, that the head of the fire department shall allow the installation of approved monitored battery power smoke detectors. Such approved monitored battery power smoke detector or approved primary power smoke detector shall be installed in the following manner: an approved monitored battery power smoke detector or an approved primary power smoke detector shall be installed on the ceiling of each stairway leading to the floox above, near the base of, but not within each stairway and an approved monitored battery power smoke detector or an approved primary power smoke detector shall be installed outside of each separate sleeping area. For buildings or structures occupied in whole or in part for residential purposes and containing not less than three nor more than five dwelling units, either an approved monitored battery power smoke detector or an approved primary power smoke detector shall be installed in each dwelling unit outside each separate sleeping area; provided, however, that. the head of the fire department shall allow the installation of "approved monitored battery power smoke detectors; and provided, further, that in all common hallways of said residential buildings or structures a series of interconnected approved primary power smoke detectors shall be installed. The head of the fire department shall enforce the provisions of this section. The provisions of section thirty shall not apply to this section. i ransier Harrington also underlined the need to properly dispose of station household trash. "This is another issue that ' t® aecept affects the quality of life in our neighborhoods,"he said. "Most residents follow the a rules. Some, however, need to yard Waste be reminded".. of them, he added. By JOE BERKOFSKY The task force chairman, News staff Chief Administrative Aide Da- SALEM — City officials are vid Shea, said .Thursday the talking trash again. panel has fielded many com- The city will begin taking plaints from people who say yard waste, which is not. al- garbage is littering some prop- lowed to be put in regular ertes. trash, at its municipal transfer "Trash is not only an aes- station on Swampscott Road -thetic problem, but also a pub- bet*een 9 a.m. and 1 p.m. ev- lie health concern because it LT ery. Saturday this summer, attracts disease-carrying ro- starting July 9. dents and raccoons," Health Meanwhile, the city's Neigh- Agent Joanne Scott said borhood Improvement Task Thursday:' Force and Board of Health re- "With the incident of rabies iterated trash-disposal rules in raccoons increasing, we �t.. after task force officials said must'- limit contact between. they received complaints of them'and humans and pets." trash-strewn properties. Rules officials laid down in- Residents are being urged to elude: take grass clippings, leaves ..Trash should be put on the and branches to the transfer j outer edge of sidewalks no ear- station because of a statewide lier•'than 6 p.m. the night be- } ban on disposing of the yard fore collection day and no later debris in household trash. than.7: a.m. collection day, offi- Proof of residency is requird to cials say. use the drop-off. •Trash with garbage should Also, the city will haul yard. be kept in water-tight, rodent- waste once a month, and peo- proU containers with covers, f' pie should place yard refuse and bags should only be used curbside on their usual trash to line,containers if they carry collection day, not in plastic garbage,officials add. bags. o Pr.operty owners and own- Yard waste will be picked up ers of apartments are responsi- July 25 to 29; Aug. 29 to Sept. ble 'for trash and cleanliness 4; 2; Sept. 26 to 30; Oct. 24 to 28; around their buildings. Nov. 11 to 18; Nov. 28 to Dec.2. • When a holiday falls on a "It is imporant for the city to collection day, trash hauling help citizens deal with this will take place one day later statewide ban" on yard waste than usual. in the regular waste stream, Residents with questions Mayor Neil Harrington said about trash collection should Thursday: call-the task force hotline at "I encourage residents to 741-7777, or Shea at 745-9595, drop off yard waste at the i ext. 201. Those with questions transfer station weekly." ' on yard waste should call Con- Harrington also said he was stituent Services Director pleased to be offering curbside i Daniel Geary at 745-9595. yard waste pickup, especially to help seniors avoid having to haul yard waste to Swampscott Road. SECTION 5. Entry Upon Premises and Removal of Combustible Materials Regulated; Penalty. The marshal, the head of the fire department or any person to whom the marshal or the head of the fire department may delegate his authority in writing may, and upon complaint of a person having an interest in any building or premises or property adjacent thereto, shall, at any reasonable hour, enter into buildings and upon premises, which term for the purposes of the remainder of this section shall include alleys adjacent thereto; within their jurisdiction and make an investigation as to the existence of conditions likely to cause fire. They shall, in writing, order such conditions to be remedied, and whenever such officers or persons find in any building or upon any premises any accumulation of combustible rubbish including, but not limited to, waste paper, rags, cardboard, string, packing material, sawdust, shavings, sticks, waste leather or rubber, broken boxes or barrels or any other refuse or useable 'materials that is or may become dangerous as a fire menace or as an obstacle to easy ingress into or egress from such buildings or premises. they shall, in writing, order the same to be removed or such conditions to be remedied: [Notice of such order shall be served upon the owner, occupant or his authorized agent by a member of the fire or police department. If said order is not complied with within twenty-four hours, the person making such order, or any person designated by him, may enter into such building or upon such premises and remove such refuse or any useable materials or abate such conditions at the expense of such owner or occupant. Any expense so incurred by or on behalf of the commonwealth or of any city or town, shall be a lien upon such building or premises, effective upon the filing in the proper registry of deeds of a claim thereof signed by such person and setting forth the amount for which the lien is claimed; and the lien shall be enforced within the time and in the manner provided for the collection of taxes upon real estate. Any such owner or occupant who fails or refuses to comply with said order shall be punished by a fine of not more than fifty dollars for each consecutive forty-eight hours during which such failure or refusal to comply continues. �o �� <— p CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970 JOANNE SCOTT,MPH,RS.CHO NINE NORTH STREET HEALTH AGENT Tel:(508)741.1800 June 2, 1994 Fax:(508)740-9705 John P Keane, Jr. 9 Riverbank Road Salem, Ma. 01970 Dear Mr. Keane: In accordance with Chapter III, Sections 127A and 1278 of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation,an inspection was conducted of your property located at 26 Gardner Street occupied by Eneida Torres conducted by Virginia Moustakis, Senior Sanitarian on June 1, 1994 at 10:00 A.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to 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 Boardof Health Reply to: J.danne Scott MPH,RS,CHO Virginia Moustakis Health Agent Senior Sanitarian cc: Tenant,Fire Prevention,Building Dept.,Electrical Dept. Ward Councillor Certified Mail # P 878 817 654 ,. Page 1 of � SALEM HEALTH DEPARTMENT 9 North Street Salem,MA 01970 State Sanitary Code, Chapter It: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: ENA- ^71) 4 j 1C� Phone: Address: oZ6 'e6a"S-XL � - Apt. 2 Floorc _ Owner. (JEUNE-. y/f- Address: 9 OYEVA CNK 6AV) Ma ni9ifa Inspection Date: —( / Time: /1'00 19M Conducted By: —-�/E6PCL j SCJ s Accompanied By: .0!:� � 7- Anticipated Reinspection Date: Specified Reg # Violation Time 410. . . . N/ ACC(14ARAlrl U// t- -9 / a _ S .Y AI ,✓ - a s LA --, One or more of the above violations may endanger or materially impair the health, safety and well-being or the occupants(s). /MCez L 0 Code Enforcement Inspector Este es un documento legal importanle. Puede que afecte sus derechos. Puede adquiriruna traduccion de esla forma. t APPENDIX 11 (14) Legal Remedies for Tenants of Residential Housing The following is a brief summary of some of the legal remedies tenants may use In order to get housing code violations corrected: 1. Rent Withholding(Massachusetts General Laws,Chapter 239,section 8A): If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments.You can do this without being evicted if A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in your rent- B. You did not cause the violations and they can be repaired while you continue to live in the building. C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it.(For this,it is best to put the rent money aside in a safe place. 2. Repair and Deduct(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows you to use your rent money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health, safety,or well-being,and your landlord has received written notice of the violations, you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have them made)within five days after notice or to complete repairs within.14 days after notice,you can use up to four months'rest in any year to make the repairs. - 3. Retaliat=Rent Increases or Evictions Prohibited(Massachusetts General Laws, Chapter 186,section 18,and Chapter 239, section 2A):The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made the complaint,heorshe.will:have.to-show a good reason for the increase or eviction which is unrelated to your complaint.You may be able to sue the landlord for damages of he or she tries this. 4. Rent Receivership(Massachusetts General Laws,Chapter 11,section 127 C-H):The occupants and/or the Board of Health may petition the District or Superior Court to allow rent to be paid into.court rather than to the owner.The court may then appoint a "receiver"who may spend as much of the rent money as is needed to correct the violation.The receiver is not subject to a spending limitation of four months'rent- 5. Breach of Warranty of Habitability:You maybe entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimum standards of habitability. 6. Unfair and D=five Practices(Massachusetts General Laws,Chapter 93A): Renting an apartment with code violations is a violation of the consumer protection act and regulations,for which you may sue an owner. The information presented above Is only a summary of the law.Before you decide to withhold your rent or take any other legal action,it is advisable that you consult an attorney.If you cannot afford to consult an attorney, you should contact the nearest legal services office,which is: Neighborhood Legal Services 37 Friend St Lynn, MA 01902 (617) 599-7730 Lau .w��- ! sal � • :, sir /i ///. .�/3 �� t ♦.//j.�/. .d .i f yi • i� 17.E I Av F3�//,i: Page 3 of SALEM HEALTH DEPARTMENT q 4 9 North Street Date: Salem.MA 01970 Name: —/- . TV.,V_XAS Address: 02 � >ct NGS CJS Specified Reg # Violation Time 410. . . . e. A� AIXG k 391 .1A'IrZ . i rcR� Lac"PT. Av )RcA-uc.T Titg of ftem, mttssac4usttts Public Prayertg i9evartment Nuilbing Department (One *alem (Iirren 500-745-9595 E0. 390 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 6, 1994 John P. Keene 9 Riverbank Road Salem, Mass . 01970 RE: 26 Gardner Street Dear Mr. Keene: After inspecting the property at 26 Gardner Street , violations of front stair rails, and missing risers at rear stairs were noticed. It is required that these violations be corrected. Please contact this office within (7) seven day upon receipt of this letter to inform us of your intent to correct these problems. Failure to do so could result in legal action being taken. Sincerely, ^/ Leo E. Tremblay Inspector of Buildings LET: scm cc: Ginny Moustakis, Health David Shea of �*ttlem, masilac4usetto a+ leo Public Propertp Department Nuilbing Department (One 6alem (green 500-745-9595 Ext. 380 - Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer May 10, 1994 John P. Keane 9 Riverbank Road Salem, MA 01970 RE: 26 Gardner St. (R-2) Dear Mr. Keane: It has come to the attention of this office that you are allegedly renting a third apartment at the above referenced property. According to the records on file in this department this property is a legal two family dwelling located in the Residential Two Family District (R-2) . We have no record of any permits being issued to convert this to a three family nor do we have any records of the Zoning Board of Appeal having granted any variances to allow said conversion. You are hereby requested to contact this office upon receipt of this notice so we can establish the proper and legal use of this property. Failure to comply will result in the appropriate legal action being taken. Sincerely, Leo E. Tremblay Zoning Enforcement Dfficer inspector of Buildings LET:bms cc: Councillor Gaudreault, 'ward 5 Virginia Moustakis, Health Dept. N. LaPointe, Fire Prevention /26grdnr/ • 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<de. Failure to do this will prevent this card from being returned to you.The return recei t fee will rovide ou the name of the erson delivered to and the date of deliver . For ad rtiona Tees t e olldwing services are available. onsult postmaster or e and c ec boxles or additional services) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. rticle Number Type of Service: El Registered ElInsured C r'' / Z Certified ❑ COD ❑ Express Mail Return Receipt for Merchandise •!/��" Always obtain signature of addressee or agent and DATE DELIVERED. Signature — Ad essee 8. Addressee's Address (ONLY if x requested and fee paid) 6. S, e — Agent X 7. Date eliv ry PAI /)� J ✓ A PS Form 3811, Apr. 1989 *U.S.G.P.O.1989-298-815 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERY4CE.S'SF„ I IlyI - � JLLSMAIL �i"OFFICIAL BUSINE M } >7SENDER INSTRUCTIONS iy _ UL \,Print your name,address and ZIP'Code '�in the space below. •O 9 ...'^"^Complete items 1,2.3,and 4 on ereverse. • Attach to front of article R space permits. otherwise affix 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 space below. n TO » ��2'v"�✓ :2V, W9 2,2 eftp of batem, Aaggacb gettg Public Propertp Mepartment ArC,ry�e p°N'" �3uitbing Department Ont Oalrm Orren 745-9595 ext. 380 William H. Munroe Director of Public Property / Inspector of Buildings Zoning Enforcement Officer July 9, 1991 John P. Keane, Jr. 9 Riverbank Road Salem, MA 01970 RE: 26 Gardner Street Dear Mr. Keane, Due to complaints received at this office, a site visit was made to the above referenced property. Upon inspection it was noted that your front and side stairs have been constructed improperly and without the benefit of a building permit. Please be advised that this is a violation of the Mass State Building Code, Section 113. (no permits on record) . Please contact this office within seven days of receipt of this letter. Failure to do so shall constitute further legal action. Sin erely, David J. Harris Assistant Building Inspector DJH/eaf cc: City Solicitor Ward Councillor Pira 9 a a �i 0 Citp of *aiem, Alaaarbugettg }\` Public Propertp Mepartment jguilbing Mcpartment One Opalem Orren 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer July 9, 1991 John P. Keane, Jr. 9 Riverbank Road Salem, MA 01970 RE: 26 Gardner Street Dear Mr. Keane, - Due to complaints received at this office, a site visit was made to the above referenced property. Upon inspection it was noted that your front and side stairs have been constructed improperly and without the benefit of a building permit. Please be advised that this is a violation of the Mass State Building Code, Section 113. (no permits on record) . Please contact this office within seven days of receipt of this letter. Failure to do so shall constitute further legal action. Sincerely/, David J. Harris Assistant Building Inspector DJH/eaf cc: City Solicitor Ward Councillor tjrp= CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970 JOANNE SCOTT,MPH,RS.CHO NINE NORTH STREET HEALTH AGENT August 9, 1994 Tel:(508)741-1800 Fax:(508)740-9705 John Keane, Jr. 1 Beacon Street Boston, Ma. 02108 Dear Mr.Keane : In accordance with Chapter III, Sections 127A and 1278 of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of your property located at 26 Gardner Street occupied by Eneida Torres conducted by Virginia Moustakis , Senior Sanitarian on August 1, 1994 at 2:15 P.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to 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. F the Board of HealthReply to: anne Scott MPH,RS,CHO Virginia Moustakis Health Agent Senior Sanitarian cc: Tenant Clerk Salem District Court Fire Prevention, Building Inspector, & Electrical Inspector CERTIFIED MAIL#Z 083 803 115 Page 1 of _L y`bt; SALEM HEALTH DEPARTMENT A 9 North Street Salem, MA 01970 State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: 441,C11J4 TOoee€`S Phone: 7LZ-o6d36 Address: C�'.6 Apt. _ Floor Owner. U,1-)11A1 f�PcX/✓ Address: 9 vL7 inn k IcY (5-71C rr7 r Inspection Dater /- 9T Time: _ °< Conducted By: V A2/ ls.Q kiS XV lIaya4�Accompanied By: 7';—zZzo- %. % Anticipated Reinspection Date: Specified Reg # Violation Time 410. . . . � 11�_ 5 rc r/ , 1,61'f'1642 NO c .5 li r 01r) L - � X5.5—� a- .S It/ � .1✓ � L -C — — N' it I0 �Od PC e DDOP r v sUeIP427Z l \ /-P/! C 'VLA tr �]%"Air / i �/' ,t • c"�'., i i 7c 7. One or more of the above violations may endanger or materially impair the health, safety and well-being or the occupants(s). / 7- Code Code Enforcement Inspector Este es un documento legal importanle. 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 the legal remedies tenants may use In order to get housing cele violations corrected: 1. Rent Withholding(Massachusetts General Laws,Chapter 239,section 8A): If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments.You can do this without being evicted if: A. You can prove that your dwelling unit or common areas contain code violations which are serious mough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in your rent. B. You did not cause the violations and they can be repaired while you continue to live in the building. C. You are prepared,to pay any portion of the rent into court if a judge orders you to pay it. (For this,itis best to put the rent money aside in a safe place.) 2. Repair and Deduct(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows ym to use your rent money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,safety,or well-being,and your landlord has received written notice of the violations, you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written.amtract to have them made)within five days after notice or to complete repairs within 14 days after notice,you can use up to fourmonths'rent in any year to make the repairs. 3. Retaliatory Rent Incr ses or Evictions Prohibited(Massachusetts General Laws,Chapter 186, section 18,and Chapter 239, section 2A):The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations.If the owner raises your rent to tries to evict within six months atter you have made the complaint,he or she will have to show a good reason for the increase or eviction which is unrelated to yiwr complaint. You, may be able to sue the landlord for damages of he or she tries this. 4. Rent Receivership(Massachusetts General Laws,Chapter 11, section 127 C-H): The occupants and/or the Board of Health may petition the District or Superior Court to allow rent to be paid into court rather than to the owner.The court may then appoint a "receiver" who may spend as much of the rent money as is needed to correct the violation.The receiver is not subject to a spending limitation of four months'rent. 5. Breach of Warranty of Habitability:You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimum standards of habitability. 6. Unfair and Deceptive Practices(Massachusetts General Laws,Chapter 93A): Renting an apartment with code violations is a violation of the consumer protection act and regulations,for which you may sue an owner. The information presented above Is only a summary of the law.Before you decide to withhold your rent or take any other legal action,it is advisable that you consult an attorney.If you cannot afford to consult an attorney;you should contact the nearest legal services office,which is: Neighborhood Legal Services 37 Friend St. Lynn, MA 01902 (617) 599-7730 r Page a— of w4b�. SALEM HEALTH DEPARTMENT (� 9 North Street Date: Salem, MA 01970 4n Name: Address: �CJ�O/✓ S� Specified Reg # Violation Time 410. . . . aI sa3 / - - J�P'0 �)Alrl4PIP _ ,_ 0 " P !V'� 1 1J- _ o611D f r '5 Od 5 0 � _ l LG n14'ala / 21f L2ZLEzZi f.� 2/" PF , t- 4 ' a '2 R�o�anua ria CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH 9 North Street Salem, Massachusetts 01970 508-741'-1800 May 4, 1994 John P. Keane, Jr. 9 Riverbank Road Salem, Ma. 01970 Dear Sir : In accordance with Chapter III, Sections 127A and 1278 of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter I: General Administrat ve Procedures and 105 CMR 410.00: State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of your property located at 26 Gardner Street occupied by Eneida Torres conducted by Virginia Moustakis, Sanitarian on May 3, 1994 @ 2:30 P.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to 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-faBh 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 10 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 He� Reply to: J nne Scott M.P.H., R.S., C.H.O Virginia Moustakis Health Agent Sanitarian JS/sjk cc: Fire Prevention Building Inspector/Zoning Officer Certified Mail r P 871 586 088 Page 1 of SALEM HEALTH DEPARTMENT b i 9 North Street Salem, MA 01970 State Sanitary Code, Chapter If: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: EN E/I A 7-d 4� 2F� Phone: 7�/(�! - U 3,5- Address: of& C.> ,,9k,0,1,)F7e Sf' Apt. _ 2 Floor o2 Owner. y70)9 Al P Address: q R t t_X1 A1K S /1 Lel /eta (,)'/ 910 Inspection Date: Time: Conducted By: I/ &64C 7—A1<1 S Accompanied By: rr-AI,4 Alli Anticipated Reinspection Date: Specified Reg # Violation Time 410. . . . / `a Z N S AA- D 41 — 9 M L h' S e7o ", 0 6N� ivy RE �V 3,5_1 / `T�rS 0 rv0 W 10 N(/LS I y J 7�'7rl R cv( NG. J a {/oLZks 2,53L r C r e� /\ U cSUa L ,S N v N . s t/RG D yes o L o u o k One or more of the above violations may endanger or materially impair the health, safety and well-being or the occupants(s). UCode EnforcelnentInspector Este es un documento legal imporlanle. Puede que afecle sus derechos. Puede adquiriruna traduccion de esta forma. J APPENDIX II (14) Legal Remedies for Tenants of Residential Housing The following Is a brief surnmary of some of the legal remedies tenants may use In order to get housing code violations corrected: 1. Rent Withholding(Massachusetts General Laws,Chapter 239,section 8A): If Code Violations Are Not Being Corrected you may be entitled to bold back your rent payments.You can do this without being evicted iE A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in your rent. B. You did not cause the violations and they can be repaired while you continue to live in the building. C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this,it is best to put the rent money aside in a safe place.) 2. Repair and Deduct(Massachusetts General Laws,Chapter 111, section 127L): The law sometimes allows you to use your rent money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,safety,or well-being,and your landlord has received written notice of the violations, you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have them made)within five days after notice or to complete repairs within 14 days after notice, you can use up to four months'rent in any year to make the repairs. 3. Retaliatoa Rent Ince aces or Evictions Prohibited(Massachusetts General Laws,Chapter 186, section 18,and Chapter 239, section 2A):The owner may not increase your rent orevict you in retaliation for making a complaint to your local code enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made the complaint, heorshe.will:haye to-show.a good reason for the increase or eviction which is unrelated to your complaint. You may be able to sue the landlord for damages of he or she tries this. 4. Rent Receivership(Massachusetts General Laws,Chapter 11, section 127 C-H):The occupants and/or the Board of Health may petition the District or Superior Court to allow rent to be paid into.court rather than to the owner.The court may then appoint a "receiver" who may spend as much of the rent money as is needed to correct the violation.The receiver is not subject to a spending limitation of four months'rent 5. Br.a h of W iron y of Habitability: You may be entitled to sue your landlord to have all or sonic of your rent returned if your dwelling unit does not meet minimum standards of habitability. 6. Unfair and Deceptive Practices(Massachusetts General Laws,Chapter 93A): Renting an apartment with code violations is a violation of the consumer protection act and regulations,for which you may sue an owner. The information presented above is only a summary of the law.Before you decide to withhold your rent or take any other legal action, it is advisable that you consult an attorney.If you cannot afford to consult an attorney, you should contact the nearest legal services office, which is: Neighborhood Legal Services 37 Friend St. Lynn, MA 01902 (617) 599-7730 FAR Mt YAM WMEM-00-FAWAVVI MINIM=� / -- i :� ' MIN up RAI M. 170m f i'�� 7� .�'IWAN '/ /..: ��Mtw WIN / �� ,� _ , Page Y of _L SALEM HEALTH DEPARTMENT D + q 9 North Street Date: S51-3—?1V -\4 Salem..MA 01970 Name: r7/f Address: a 6 �x CZ6�c-QGy�7c S7� a Specified Reg # Violation Time 410. . . . Way-,(Iulc Ads' D 4 SII . 6Lk( n/ L 42 eanAle�� MI6V 401 ti l / o iY> (D L )v rs 4� i L ry CG //'C: c �y✓ D✓ nl �'✓S �C,� re; Dry/r✓ - J T N«r1. ��...f;;. FORM OF NOTICE OF CASUALTY LOSS TO BUILDING UNDER MASS . GEN. LAWS, CH. 139 , SEC . 3B TO: BUILDING COMMISSIONER OR BOARD OF HEALTH OR INSPECTOR OF BUILDINGS BOARD OF SELECTMEN SALEM CITY HALL SALEM FIRE DEPARTMENT 93 WASHINGTON STREET ADDRESSES 48 LAFAYETTE STREET SALEM, MA 01970 SALEM, MA 01970 ATTENTION: FIRE PREVENTION RE: INSURED: KEANE. JOHN P. JR. PROPERTY ADDRESS: 26 GARDNER STREET SALEM, MA 01970 POLICY NO. DW 0914 599 LOSS OF FIRE DAMAGE ON JAN. 17 1996 FILE OR CLAIM NO. AB1142 CLAIM HAS BEEN MADE INVOLVING LOSS, DAMAGE OR DESTRUCTION OF THE ABOVE CAPTIONED PROPERTY, WHICH MAY EITHER EXCEED $1,000.00 OR CAUSE MASS. GEN. LAWS CHAPTER 143, SECTION 6. TO BE APPLICABLE. IF ANY NOTICE UNDER MASS. GEN. LAWS 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 CLAIM OR FILE NUMBER. SIGNATURE JOHN F. MURNANE T.M. Seger Claim Service, Inc. 15 Depot Street - P.O. Box 2348 - Duxbury, MA 02331 Telephone (617) 934-9770 Fax No. (617) 934-9194 ON THIS DATE, I CAUSED COPIES OF THIS NOTICE TO BE SENT TO THE PERSONS NAMED ABOVE AT THE ADDRESSES INDICATED ABOVE BY FIRST CLAS L. xf 01/22/96 ��] SIGNA & DATE C NE SEGER VP FORM 13 (6-90) JOHN P. KEANE, JR. Attorney At Law 1 BOSTON PLACE FIFTH FLOOR BOSTON, MASSACHUSETTS 02108 Telephone 978-531-3400 Telephone 617-227-2211 Peabody, Massachusetts Fax 617-619-3624 January 7, 1998 RE : 26 Gardner Street, Salem , MA Dear Mr. St . Pierre, As per our telephone conversation I will be making the necessary repairs to the siding and front and back stairs at the above referenced address within the next 30 days . Furthermore, I am giving notice to the 3rd floor tenant at the above address so that these rooms can be rented as part of the second floor apartment . Please contact me if you have any further questions . S ncPeerr/l�`y"\1 Qea J n P. KneJr I