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22 HARDY STREET - BUILDING INSPECTION UPC 10333 No.153L-3 yo- HASTINGS, OEN Affidavit State of Massachusetts County of EM HAY 31 A 11: 26 My current legal name is Robert M. Shea, and,my current occupation is Sole Proprietor of Morning Glory bed&breakfast. I am presently 58 years old,and my current address of residence is 22 Hardy Street,Salem,Massachusetts 01970. Due to ever increasing competition from newly established hotels, traditional B&B's and AirBnB rentals in Salem resulting in a noticeable decrease in room occupancy and sales at my Morning Glory bed&breakfast,I find it would be more feasible for me to downsize my Morning Glory B&B from four(4)guest rooms to three(3)guest rooms and in tum,reduce my property taxes, in an effort to help alleviate this growing loss in sales. Effective January 1,2018,I will advertise for and operate a total of three(3)guest rooms at my Morning Glory bed& breakfast. I hereby state that the information above is true, to the best of my knowledge. I also confirm that, the information here is both accurate and complete, and relevant information has not been omitted. DATED this the el, day of ��y 20-G-z Signature of Affiant Sworn to before me the day of A0VI 20 �- 0 NOTARY PUBLIC My C( MARTINEZ ° Notary Public COMMONKkTX OF MAWcHL M March 29. 2024 R{. Affidavit =, •, . } w a';L s> State of Massachusetts County of E& HAY 31 iA 11-- 2 My current legal name is Robert M. Shea, and my current occupation is Sole Proprietor of Morning Glory bed &breakfast. I am presently 58 years old, and my current address of residence is 22 Hardy Street, Salem, Massachusetts 01970. Due to ever increasing competition from newly established hotels,traditional B&B's and AirBnB rentals in Salem resulting in a noticeable decrease in room occupancy and sales at my Morning Glory bed &breakfast, I find it would be more feasible for me to downsize my Morning Glory B&B from four(4) guest rooms to three(3)guest rooms and in turn,reduce my property taxes, in an effort to help alleviate this growing loss in sales. Effective January 1, 2018, I will advertise for and operate a total of three (3)guest rooms at my Morning Glory bed& breakfast. I hereby state that the information above is true, to the best of my knowledge. I also confirm that the information here is both accurate and complete, and relevant information has not been omitted. DATED this the z 1, day of ZJA Z/ 20/-Z' Signature of Affiant Sworn to before me the 26 day of Aa'/ 201-7— z 01-7—, NOTARY PUBLIC My CM RWTr' MART1NEZ Notary Public NW COMMOEALTH OF MASSACHUSETTS •sslon._Expes March 29. 2024 01/26/2009 08: 50 . - 6036344444 �COA5TwU�OREST PF,'ODU PAGE 02/12 ° Gediz Shake's Shingle Bureau Pap^1 of 2° n kn' NI-; y ONjidgil6lip, to i r j U—" PRY c 0. 6g'8ylfpi�P(ySfpil�l6� " x. '� r'°'W^'OIN ObiI' !LP mom t kro » ��' t h r, awsi t+' .. , 2 ` ` ! xrL�Eat+e( " f^'traduga ,I< i k l . Search Sit-Pr Areatedm;' -' OGRTI-GUARDO PRESSURE IMPREGNATED FIRE ' RETARDANT TREATED CEDAR SHAKES AND . . ' MINGLES qi: ,4ax Overview >is Pemanani fire protection is provided by pressure impregnating fire retardant palymora into the innermost cells of cedar shakes And- - " shingles to meet Claes A B and C testing standards _ .. ..:r az xi i ,,, .p ALT lease nine 4erb-Lexi! preaucis ars ttvgilatrie m tth'nt69nr pi a n3�r mpregnated preeorvaEyc ireatmem(0@nt-Last®r)or pro%mire impreg rata f" -„,-„,r..,, gL.g;,, '^•.ar.�+- Irer,atardant beatnrent(Can:-Guanhu)but not both Lt= ?{- a u' "IticntHicatlon t, .,3r' g =r The GArll•Guard4s label identities cedar shakes and shingles whi - have been pressure-Impregnated with fire retardant polymers to j promde permanent fire proteatWn . .i �. ,p .i:- ° til Iil1 ° Ciass 8 shakes and shingles are identified by their red Corti-Guard® s . . . . _ ° labelgpl . vL It t n ' CIass C shakes and shingles aro Idonfif^d by chair blue Certl PA ri ,I'll ,Utxi'lr1 . BL, �ia��rxt: r iilmuIrd1E1 label. Class3 and C labels,must Identify the treating company the i :.d ,rm... independent lestinA laboratory.Intl the budding cri research 1 s W rn� Toth Eml number. �� k =�• iC lirh' Willrs „ __ f� Class A wood roof sgaten can tie aftaink with 3 cempor n system.,Check with the treatment company for installation details. �. Ma{ectal r.4�:y¢p e. j x, ht tI� t+ Cedi-GuardO Is manufactured from Premium and Number 1 Grade CeniSplitO or CapiSawnt cedar shakes or Number 1 Grade: CenlgradeQu cedar shingles - i k N Wt c Check with your loal-buildmq official and fire offid,'Fal to ensure that the product meets local approval regutremontc.Tfeatment company )_iz , + y apphoabon guidelines should be followed Ask the treatment ID , r company for installation instructions For Class A Band C hake and ` shingle roof systems, Test Standards ASTM E 106 UL 700 NFPA 259 USC Standard #' Intermlthent Flamr Teat o- ` 'sy CLADS FLAM 2 I'l'LAM E (°t-AMENO OF • _ �l, - 7EM pF,RA"IUP.� {YN '`fOrF ` 'r[ST a toMiNurES MINLLTFS CYCl:E5 A.apx1400+150F , irtg,2 Cr 9 t5 �t'1400>r501`1 2d e 2 t c 0+150r 1 a Air- r. Burning Brand Test d HRAND Nu Cir, - . CLASSnRANO 517E Y/O0D BRANDS .. --.std ,. t A 12'f by 12” im°, Douglas Fir, 2'%"inches thick P htlp /14,'ww.cedarbureau.or_/<:erti label/factory-treated/certi-guard.httn 1;26/2009 01126!2009 08:50 6036344444 COASTAL FOREST PRODU PAGE 03/12 Cedar Shake& Shingle Bureau Page l of 2 ' . B, _ 6 by 6 inches ' '..+, Douglas Fir 2'/..inchaa thick C 1'h'by t% White Pine:' 20 , 2133=Igchas thick its Rain YosC - GLr1S ay' GXPOr URF `i{i x ._ F,@,CTwelve on week o6ndif4nmq cycles of,%hours of r {!water exposure at a rite of 0.7 Inches of water pe,hour. "followed by 72hours of drying time at 140 degrees F -. Thisequateb to 20to30 years A actual outdoor rain a and wear Spread-Of Flame Test - G6AS.: FLAME TEMPERATURE rLFMrF APPLICATION .. A 1400 ! 50F_,. `; la minutes ".. 1400 !-60 p' 10 minutes s C n, 130(3+/-50F Irtlnut@8 Flying Brand Tost'i ;„ _ .. CLkS% FLAME TF&ERATURC n.AMe APP ICAT'ICN ." : ._A 1400h 50 F 10 minutes ,,,� .. B :1400.! 50 F . . T 10 minutes v.;.. ! C 1300+/-MF :' 4minute4 `. ,! Weathering Test :1LAF5 FX pC7SU:RC.. + TEST�YEARt. A B C Aafusl outdoor withering `12,3,5.and 10 a ,After thG ran te6i int'eactt woNherjno tout period flag Si1ako6 and shing7ea are Again [bjeGf(:d I,0r,:ihte m{Yr„nt F ar":-.Burning.Brand and Flv'h7 Brand lost. t! r r I g s Manufaoturem mspeators brokers distributors.retailers. Y ,it wholesalers,builders,architects,Installers,land lad-miclans kava , .been assembling,recording;and distributing their knowlerl of the 'i wood mofing industry through;the Cedar Shake.&5hinglo flureau for `over 89 years This information,J4 therefore provided as a service and no wanardy,express or implied,Is given The C$CS shail:rattan liable for any direst,indirect,incidental,or wirs©puenllai damage In connection with the use of the material supplied on these pages. ... quastlnh.91136"d U....all A.mai 1nlcuAtk IRNn siuctir1 - OPr;T! PRODUCT",S I IN,yTAULAYION c UAiNTCNn.NU, PRB`:lu6N.„v 551<fS0 UJt C 1I10nl91 ABUQT J3 I PURe+��ylry P bite Mair l!q+claimcr—f, 7, :+ 1 9� , All 03111nnl COJI00120n CN'M hb;)0 Or Mr nlgc Hill k'L Wet,p •i+9n in vhnrsm:m,by Cin3PrlcaFLv opPgFiOT y' - s. �'r;i :IL - R it y t Pi, 'W .. 3 bttp://Nv%"v.cedarbureau.org/certi-label/factorv-treated?certi-guard.htrn �^ r. 1/26/2009 y+ 1 . : I CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 December 21, 2004 Robert Shea Copy 22 Hardy Street Salem, Ma. 01970 Dear Mr. Shea: This Department received a complaint regarding the installation of the lattice panels on top of the fence at the rear of your property. You are well aware that issue was the subject of a 1998 Board of Appeal case in which your appeal was denied. It would appear that the reinstallation of the lattice panel is part of your ongoing battle with your neighbor at the rear of the property. You are directed to remove the panels immediately. Failure to remove the panels will result in daily fines and a complaint being filed in District Court. Furthermore, while looking at the fence issue, it was apparent that the stair railing and ballisters permitted previously were never completed. Under authority of Massachusetts State Building Code 780 CMR, Section 110, you are directed to secure a new building permit, secured by a licensed contractor to install the railings and balluster per the building code. Failure to act on this order within 30 days will result in fines and a complaint being filed in court. If you wish to appeal this order your appeal must be filed with the Board of Building Regulations and Standards in Boston, Ma. Any questions, please contact me directly. S1 r ly, Thomas St. Pierre Building Commissioner cc: Kate Sullivan, Mayors Office Councillor Corchardo, Ward I `�'' °� (giity of �ttlem, ussttcltusetts s� � x 'y' �nttrd of ' ' Peal _N OCT Zq 3 2-; f ii X95 DECISION OF THE FET.ITION OF ROBERT M. SHEA REQUESTI G ASS A VARIANCE FOR THE PROPERTY LOCATED AT 22 HARDY STREET'(R-2) A hearing on this petition was held October 18, 1995 with the following Board members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill, Nina Cohen, and Arthur LeBrecque. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owners of the property request a Variance to convert a two family dwelling into a bed and breakfast for the property located at 22 Hardy Street (R-2) . The Variance which has been requested may be granted upon a finding of this Board that: 1 . Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other land, buildings, or structures in the same district. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogation from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1. The petitioners seek a variance to allow conversion of the existing non conforming residence at 22 Hardy Street to a bed & breakfast type accommodation with 4 guest rooms. 2. The proposed change in use would require no change in the building foot- print. Additional landscaping may be undertaken to upgrade the appearance of the building and grounds. 3. Support for the proposal was voiced by neighbors Ed Luzinski, of 24 Hardy Street, and by Cora LeBlanc, of 22 1/2 Hardy Street. The House of Seven Gables also supported the proposed conversion, via a letter for the .Gables director Thomas Neel. 4. A petition with 15 signatures was submitted in support of the proposal. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. r• ' DECISION OF THE PETITION OF R03ERT E. SHEA REQUESTING A + 'iARIANCE FOR THE PROPERTY '_OCA= AT 22 HARDY STREET (R-2 ) ?age two A' 3. Desirable relief can be granted without substantial detriment to public good and without nullifying and substantially derogating from the intent of the district or purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statures, ordinances. codes and regulations. Petitioner shall obtain a building permit prior to beginning anv construction. 3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. a, A Certificate of Occupancy shall be obtained. 5. A Certificate of Inspection shall be obtained. b. Exterior finishes of the new construction shall be in harmonv with the existing structure. 7. Petitioner is to obtain approval from any City Boards or Commissions having jurisdiction including, but not limited to, the Historic Commission. `?' L-Variance Granted -- &tober 18,1995 N (W9 -t Nina Cohen, Member Board of Appeal N v O 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 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal a CITY OF SALEM, MASSACHUSETTS CITY OF 'AL!-CM. MA E/. �� BOARD OF APPEAL CLERKS OFFICE 120 WASHINGTON STREET, 3RD FLOOR SALEM, MA 01970 TEL. (978) 745-9595 FAX (978) 740-9846 1003 JUL 2 1 A 11: 31 STANLEY J. LISOVICZ, JR. MAYOR DECISION ON THE PETITION OF ROBERT SHEA REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 22 HARDY STREET R-2 A hearing on this petition was held on July 16, 2003 with the following Board Members present: Nina Cohen, Nicholas Helides, Stephen Harris, Bonnie Belair and Richard Dionne. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner requests a Special Permit to reduce the (4) four guest bedrooms of Bed & Breakfast to a (3) three room tourist home for the property located at 22 Hardy Street located in a R-2 zone. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is section 5-3 (2) (8), which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension of expansion, of nonconforming lots, land, structures, and uses, provided however, that such change, extension, enlargement of expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. A. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or stuctures in the same district. B. Literal enforcement of the provisions of the Zoning Ordinance would involve Substantial hardship, financial or otherwise, to the petitioner. C. Desirable relief may be granted without substantial detriment to the public good and Without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact LI i , J. '),L i_I is V IH CLERK'S OFFICE DECISION ON THE PETITION OF ROBERT SHEA REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 22 HARDY STREET R-2 page two ZOO] JUL 21 A 11: 31 1. Petitioner Robert Shea appeared and represented himself at the hearing. 2. Mr. Shea was granted a Variance in 1996 to allow a 4-room tourist home. 3. Due to slow business and financial reasons, petitioner would like to reduce the number of rooms from 4 guest rooms to 3 guest rooms. 4. There was no opposition to the petition. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows; 1. Literal enforcement of the provisions of the ordinance would involve substantial hardship on the petitioner. 2. The relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. 3. The Special Permit granted can be granted in harmony with the neighborhood and will promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted 5 in favor and 0 in opposition, to grant the relief requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statues, codes ordinances and regulations. 2. All requirements of the Salem Fire Department relative to smoke and safety shall be Strictly adhered to. 3. All construction shall be done per plans and dimensions submitted. 4. Petitioner shall not have more than 3 guest rooms. Special Permit Granted July 16, 2003 Bonnie Belair Board of Appeal J CITY CI SALEM, MIA CLERK'S OFFICE A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING1E&RD�hC II: 31 THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17, of MGL Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision, bearing the certification of the City Clerk that the 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is 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. �� • CITY OF SALEM, MASSACHUSETTS a BOARD OF HEALTH 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 TEL. 978-741-1800 FAX 978-745-0343 STANLEY LISOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO MAYOR HEALTH AGENT April 11, 2003 Morning Glory Bed & Breakfast C/o Robert M. Shea, Jr. 22 Hardy Street Salem, MA. 01970 Dear Mr. Shea: 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 II Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property 22 Hardy Street(4 room bed & breakfast)conducted by Virginia Moustakis, Sanitarian on Tuesday,April 8, 2003 at 10:30 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 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 th?t you have the right to inspect and obtain copies of ail 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: «ti cam`— Joanne Scott Virginia Moustakis Health Agent Sanitarian Cc: Councillor Chuber, Licensing Board, Fire Prevention, Building Department violet CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH • 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 TEL. 978-741-1800 FAX 978-745-0343 Page 1 of STANLEY USOVICZ. JR JOANNE SCOTT. MPH, RS, CHO MAYOR HEALTH AGENT State Sanitary Code, Chapter 11: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant fj�e."____ ��P, Xe Z9.-Aee.lHFa.cr- Phone:(ft) W- 17e3 Address: Apt.#�_ Floor a 3 Owner: ,�,�e�f �,.Lg�Fd , sR. Address: awe S� Sa ems, Inspection Date: V 8=o 3 Time: Conducted By: Accompanied By �� Anticipated Reinspection Date: �.ee j4p� Ztics��r ops 1eJ7P1iC/ieivevacq'Ni2 /m1 , aY z? 6"oer>4c.E �iPvmk Di�to�n SpeciriedTime Reg.#410.. Violation(s) AUlnzp �oBP�fS�Ieu � c � lei ° v o 43oZ � if/2cL -vv 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 lestal importante. Puede que afecte sus derechos. Puede adouirir una traduccion de esta forma sies necesario Ilamar all telefono 741-1800. .. r 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 : 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: 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 that your landlord knew about the violations before you were behind in your rent. You did not 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. ( [=or 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 II, 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 amv 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, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 TEL. 978-741-1800 FAX 978-745-0343 STANLEY USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO MAYOR HEALTH AGENT April 11, 2003 Morning Glory Bed & Breakfast C/o Robert M. Shea, Jr. 22 Hardy Street Salem, MA. 01970 Dear Mr. Shea: In accordance with Chapter III, Sections 127A and 1276 of the Massachusetts General Laws, 105 CMR 400.00' State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter 11 Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property 22 Hardy Street(4 room bed & breakfast)conducted by Virginia Moustakis, Sanitarian on Tuesday,April 8, 2003 at 10:30 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 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: c5v� Joanne Scott Virginia Moustakis Health Agent Sanitarian Cc: Councillor Chuber, Licensing Board, Fire Prevention, Building Department violet d CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH a 120 WASHINGTON STREET. 4TH FLOOR SALEM, MA 01970 TEL. 978-74 1-1800 FAX 978-745-0343 Page 1 of STANLEY USOVICZ. JR JOANNE SCOTT. MPH. RS. CHO MAYOR HEALTH AGENT State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant vet, I Y-,e Zed�r Phone:�j�) 7V/- /7,13 Address: �c/� Apt.#__q_ Floor a ge- 3 Owner:1,�P�f ,�/��, sR Address: A .Vae4 v 7>2a. of 470 Inspection Date: V 8=a3 Time: Conducted By: !/ S r- les Accompanied By. Anticipated Reinspection Date: ,4ee r�vr�t ��tsfr7fO e.17PsC' eivea- ucdw2s�cn �Lc2� riasyL, ers�t'iE'- FiP�,1,�,7)r�'C o La Specified Time Reg.#410.. Violation(s) Ze.P d w 4 P cQ ° v OIle -P Z' 9— / C /U�GG vv 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 leslal importante. Puede que afecte sus derechos. Puede adouirir una traduccion de esta forma sies necesario Ilamar al 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 : 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 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 that your landlord knew about the violations before you were behind in your rent. You did not 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 RSLCeivershipPfassachusetts General Laws Chapter II, 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 io the owner.The count 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 an- 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, MASSACHUSETTS ��F '� BOARD OF HEALTH 120 WASHINGTON STREET, 4TH FLOOR C � � SALEM, MA 01970 ,pB' TEL. 978-741-1800 �JM1� FAX 978-745-0343 - STANLEY LISOVICZ, JR. ,JOANNE SCOTT, MPH, RS, CHO MAYOR HEALTH AGENT April 16, 2002 Robert M. Shea,Jr. Morning Glory Bed&Breakfast _22 Hardy Street Salem Ma Ol•9.7.Od Dear Mr. Shea: A routine inspection was conducted at your establishment in accordance with Chapter II, State Sanitary Code, 105 CMR 410.000. No Health Code violations were observed at this time. Thank you for your Cooperation. For The Board of Health Reply to: oanne Scott Virginia Moustakis Health Agent Sanitarian cc: Licensing Board,Fire Preventio ,Building Inspector City Councillor JS/vm c-h violet . , ... ; ,' , ��h��e-�J ., �.. CITY OF SALEM HEALTH DEPARTMENT 120 WASHINGTON STREET 4TH FLOOR _ Salem, Massachusetts 01970 Page 1 of State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation occupant :2j&4, vrwast- Phone:67r) 711J- /70,3 Address: a /,mor/ Sf- Apt.# Floor a Owner: Address: as 1&.e'o V .Sa- 1571 In, 22aa O/970 Inspection Date: 4- -o,2 Time: 7d.00gnY Conducted By V Zk'f4akrs Accompanied By: eri S9 em (f OC 'e� /tjF�,7 > Anticipated'Relnspectiorl•Date:' Specified Time Reg.#410.. Violation(s) Ic ------------- e< iv e E .'V 7. , One or more of the above violations may endanger or materially Impair the health de--1/ce'l-5 /U FJti°e J�.E 64 7L/a'1 safety, and well being of the occupant(s) .7)e/0 Code Enforcement Inspector �rJiJ �'� Cl ��,�!0X Este es documento legal implirtante. Puede que afecte sus.denichos: PtipAp adauirir una traduccion de esta forma sies necesario hamar al telefono 741--1800. s% g0 6 m CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH, RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(978)741-1800 Fax: (978)740-9705 April 17, 2001 Robert M. Shea, Jr 22 Hardy Street Salem, MA 01970 Dear Mr. Shea: In accordance with Chapter 111, 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 the property 22 Hardy Street occupied by(Morning Glory Bed/Breakfast)conducted Virginia Moustakis, Sanitarian on Wednesday,April 11, 2001 at 9:30 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 notify tenants of lean 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. Fo the Board of)Health Reply to: (21 � oanne Scott Virginia Moustakis Health Agent Sanit rian cc: Councillor Scott LaCava, Licensing Board, Fire Prevention, & Buildi g Inspector JS/sjk c-h-violet CITY OF SALEM HEALTH DEPARTMENT '.Nine North Street _ Salem, Massachusetts 01970 Page 1 of State Sanitary Code, Chapter 11:105 CMR 410.000 Minimum/' 4XStanda/r�d's of Fitness for Human Habitation Occupant 4,eiy/m; 'LePo?eXa i- Phone: 7yi- / 7.43 Address: 2 ,9 ,%gd'v St Apt.# q d'ow3) Floor Owner: k6aee7- m. tt,N, Address: vZa 44,vk `S Inspection Date: y--//— moi Time: 930 Conducted By: L/ 7'rlr��a&,k/c Accompanied B.y y�P„�g tia scree f Anticipated Reinspection Date: Specified Time Reg.#410.. Violation(s) '7A1 14IL5-4662!�Lm cc 1S /16 11ze2ae _ �Z- s rL/C One or more of the above violations may endanger or materially impair the healthWCP'' ; /"a° ry�1en safety, and well being of the occupant(s) !- Sp C Code Enforcement Inspector '�j��iyyCeS- - A'gCRe,4 S. � vA Este es documento legal importante. Puede que afecte sus derechos. Puede adquirir una traduccion de esta forma sies necesano llamar al telefono 741-1800. isusiness Certt[tcate Citp of &aiem, Aiaggacbusetm 9��MnuB fAN� - DATE FILED �� IS I `� 9� 'Type. U- -New Expiration Date ❑ Renewal, no change Number 96-41 ❑ Renewal with chance In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General Laws, as amended, the undersigned hereby declare(s) that a business,}s conducted under the title of: ZWA type of bu57 by the following named person(s): (Include corporate name and title if corporate officer) Full Name Residence Lf—z�z� Signatures _ ------------ X71/s qq// !---------------------, �i� z � on �5 19�the above named person(s) personally appeared before me and made an oath that the foregoing statement is true. -----------------=----------------------------------- ----------------------------------------------------- CITY CLERK Notary Public (seal) Date Commission Expires Identification Presented State Tax I.D. # �`( 3 / �( S.S. # (if available) In accordance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5, of Mass. General Laws, business certificates shall be in effect for four(4) years from the date of issue and shall be renewed each four years thereafter. A statement under oath must be filed with the town clerk upon discontinuing, retiring, or withdrawing from such business or partnership. Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during regular business hours to any person who has purchased goods or services from such business. Violations are subject to a fine of not more than three hundred dollars ($300.00) for each month during which such violation continues. �, .` ,, y t: � . CITY OF SALEM 1VEIGHBORHOOD D4PROVEMENT TASK FORCE L FORM Date: Address: Complaint: /9—,7,( Phone #: I" 2 O -e c Cz- Complainant: DAVID SHEA CHAIRMAN KEVIN HARVEY BUILDING INSPECTOR ELECTRICAL DEPARTMENT FIRE PREVENTION CITY SOLICITOR HEALTH DEPARTMENT SALEM HOUSING AUTHORITY LICENSING POLICE DEPARTMENT Pi_ANNING DEPARTMENT ASSESSOR TREASURER/COLLECTOR PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SHEA WITHIN ONE WEEK. THANK YOU FOR YOUR ASSISTANCE. ACTION: �'�" �ONUfT� 3 � ��7MIry60'�� CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH, RS,CHO April 8, 1999 NINE NORTH STREET HEALTH AGENT Tel: (978)741-1800 Fav(978)740-9705 George A. Pena & Robert M. Shea, Jr. Morning Glory Bed & Breakfast 22 Hardy Street Salem, MA 01970 Gentlemen: In accordance with Chapter 111 Sections 127A and 1278 of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation, a inspection was conducted of your property located at 22 Hardy Street(Bed &Breakfast) conducted by Virginia Moustakis, Sanitarian on March 31, 1999 @ 10:00 am. 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 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 Board of Health 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 andtopresent 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 Repfy_to - anne Scott _ Virginia Moustakis - -- n c� Enclosure - rri JS/mfp CERTIFIED MAIL Z 594 524 805 / f cc: Charles Latulippe, Fire Prevention Kevin Goggin, Building Departme7it Peter Merry, Salem Licensing Board ��ONDIT,� m G ` F moi'. 9 s ��/MIN6 CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH, RS,CHO NINE NORTH STREET HEALTH AGENT Tel: (978)741-1800 Fav(978)740-9705 April 8, 1999 George A. Pena & Robert M. Shea, Jr. Morning Glory Bed & Breakfast 22 Hardy Street Salem, MA 01970 Gentlemen: Enclosed is a copy of March 31, 1999 Salem Board of Health Inspection Report. With the exception of(2) items listed (high water temperature and some windows missing screens), there were no other Health Code Violations. As we discussed, these items will be addressed immediately. Thank you for your cooperation. For the Board of Health Reply to: Joanne Scoff Virginia Moustakis Health Agent Sanitation JS/mfp Enclosure = � -� — -cc EwnBulldi � epa- -NjQjUQ&k-2e 3�. Cftp of *- alerrf, Aaoarbus�ettg t G6 Public Propertp ?3eparttnent 3guil0ing department ®ne foalem Oreen (978) 745-9595(Ex[. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer March 25 , 1998 Mr . Robert Shea 22 Hardy Street Salem, Mass . 01970 RE : Fence at 22 Hardy St. Dear Mr . Shea: It is my job as the Zoning Officer to enforce all Board of Appeal decisions . On February 18, 1998, the Board denied a Special Permit to waive the height of the fence located in the rear of 22 Hardy Street . The fence must be repaired to meet City of Salem Zoning Ordinance height of six ( 61 ) feet. This work must be completed within the next fifteen ( 15 ) day,. Please notify this office when the work has been completed . Thank you in advance for your anticipated cooperation in this matter. Sincerely, C� Leo E . Trembla Zoning Enforcement Officer LET: scm cc : Mrs . LeBlanc 22 1/2 Hardy St . Councillor Paskowski , Ward 1 ¢a CITY OF SALEM HEALTH DEPARTMENT Nine North Street Page 1 of �. Salem, Massachusetts 01970 State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant y 1 ,eea,erae Phone: 7V1- 7Q 3 Address: a 11-g'f t%v 'Sr Apt.# Floor Owner6Eota� a �� 4��g shat iia Address: 2s Inspection Date: Time: lo. ao,zL!2�) Conducted By: V,/),/ >to 6 is Accompanied By:rr. �. O�Fvfim yi acc/n� Gr. ��s� 1a4�f' Anticipated Reinspection Date: Specified Time Reg.#410.. Violation(s) v o (e!14 azz Q '2S. e -C G �a G S N e W E 'r P 1 d %'e P MS f- --We L5 .0 ' ._P2 -r/ioGd-7F74-Y1 S _. - -Orre-or-more of-the above vioFa`figns�may-endanger"'or mater6-l4yampairtke health - '- -- - -- - - safety, and well being of the occupant(s) Code Enforcement Inspector Este es documento legal importante. Puede que a eete sus derechos. Puede adquirir una traduccion de esta forma sies necesario Ilamar al telefono 741-1800. s 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 : 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. 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 that your landlord knew about the violations before you were behind in your rent. You did not 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 II, 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 i h ove rs only a summaryrof the=law-Before-you dectde towt€ vd renr$rEa3ce oily Miter Iegafia eti�n• t tffai ie thahyoir coristiit an^attorney If-you can-not-afford to eotisalt-an--—-ey yotv�"-•-} should contactthe irearest it al services offrcc,which rs = -_ - M•- Neighborhood Legal Services 37 Friend Street Lynn, MA. 01902 (781)-599-7730 a Page L of 2 SALEM HEALTH DEPARTMENT 9NorthStraet Date:' 3-3/-99 Salem,.MA 01970 Name: 16"Ie'VIq� Address: 2 d 1,1d,P 1 S;L Specified Reg N Violation Time 410. . . . i e f: h �raW e rkP i aitu of "'�4abom, fflttssadjuse##s 3 x PnttrD of AV peal FSB 14 J Jj =t LC t y HASc Ci i kY'•`� OF F ICE DECISION ON THE PETITION OF ROBERT SHEA RE_QUEST-ING-A,VARIANCE /SPECIAL PERMIT FOR THE PROPERTY LOCATED�AT 22 HARDY STREET'�(R-2) A hearing on this petition was held February 18, 1998 with the following Board Members present: Nina Cohen, Albert Hill, Richard Dionne and Paul Valaskatgis. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner requests a Variance/Special Permit to allow existing fence to remain at 6'10" for the property located at 22 Hardy Street. The Variance which has been requested may be granted upon a finding of the Board that: a . Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship,financial or otherwise, to the petitioner. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, makes the following findings of facts : 1 . The petitioner, Robert Shea represented himself. 2 . Mr. George Pena spoke in favor of the petitioner. 3. Attorney Harris representing an abutter, Mrs. LeBlanc, spoke in opposition to the request, sighting hardship of his client to see over the fence from her house. It was stated that she is handicapped. s . No argument of hardship was presented by the petitioner. On the basic of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1 . No special conditions exist which especially affect the subject property as opposed to the district in general . 2 . Literal enforcement of the Zoning Ordinance would not involve substantial hardship to the petitioner. DECISION OF THE PETITION OF ROBERT SHE REQUESTING A VARIANCE /SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 22 HARDY STREET R-2 page two 3. Desirable relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Board of Appeal voted 0 in favor and 4 in opposition to the motion to grant the Variance, having failed to garner the required votes to pass, the motion is defeated and the petition is denied. Variance & Special Permit Denied February 18, 1998 Richard Dionne, Member Board of Appeal COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE Ci TY CLERK Appeal from this decision, if any, shall be made pursuant to Section 11 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 Citv Clerk. Pursuant to Massachusetts General Laws Chapter 40A,Section 11, the Variance of Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is 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 P.02 CIVIL ENVIRONMENTAL CONSULTANTS 1 Walton Street Wakefield,Ma 01880 (617)245-2400 Fax(617)245-1042 CEC President Vice President Kenneth J.Bouffard James A. O'Day,P.E. Associate Bnice P. Eaton,P.E.,P.L.S. Mar . 4,1996 Mr . George Pena 22 Hardy Street Salem, Me- 01970 Re= Survey of property line at 22 Hardy Street i Dear Mr . Pena: This will serve to advise that we have surveyed the property line between your property and land of Cennemi and find that the deck you are constructing is within your property by 0.50 feet (6 inches) and therefore does not intrude on your neighbors land. If you have any questions please do not hesitate to call me. Very truly yours, . Bruce P. Eaton P.L.S. SSlrl�'1V37bS 03h13j31 Alts 96, ZS L 1d3a ON1071fto Sumy Services Subdivision,Utility,Highway,Wastewater Design 1.'tvironmental Studios&Reports Constmction Managetaent Citp of 6afem, '41ag5SarbU5Settq Public Property Mepartment Ne 38uil0ing Mepartment ®ne,*atem Oreen (978) 7459595 (Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer April 8 , 1998 Mr . Robert Shea 22 Hardy Street Salem, Mass . 01970 RE : 22 Hardy Street Dear Mr . Shea : Thank you very much for your response to the letter dated in March 25 , 1998 regarding the above mentioned property . An inspection was conducted and found all the violations have been corrected. This office will notify all the appropriate departments and the Ward Councillor that this situation has been brought to a satisfactory conclusion. Sincerely, Leo E . Trembla Inspector of Buildings LET: scm cc : Patricia Carney Councillor Paskowski , Ward 1 F�� `' �v Citp of �baiem' JaggarbU!9ettg Public Prupertp Mepartment a A3uiCbing �BepartmenT ®ne 6alem Oreen (978)745-9595 (Est. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer March 25 , 1998 Mr . Robert Shea 22 Hardy Street Salem, Mass . 01970 RE : Fence at 22 Hardy St . Dear Mr . Shea: It is my job as the Zoning Officer to enforce all Board of Appeal decisions . On February 18 , 1998 , the Board denied a Special Permit to waive the height of the fence located in the rear of 22 Hardy Street . The fence must be repaired to meet City of Salem Zoning Ordinance height of six ( 61 ) feet . This work must be completed within the next fifteen ( 15 ) day. Please notify this office when the work has been completed . Thank you in advance for your anticipated cooperation in this matter . Sincerely, Leo E. Trembla Zoning Enforcement Officer LET: scm cc : Mrs . LeBlanc 22 1/2 Hardy St . Councillor Paskowski , Ward 1 c��e (�mmm�nzu�etti�r of �tt��nrl�t,�r#� o CITY OF SALEM In accordance with the Massachusetts State Building Code, Section 108. 15, this CERTIFICATE OF INSPECTION is issued to h1ORN:I:NG (3Li::IR't' E+ED R� 13 RFAI(Ff1ET Tfrfitg that I have inspected the premises known as hIORNING .`. LORY IDE.I:7 I-IARDY 31P?E.I-T in the city o located n[ - ( Salem County of Essex Commonwealth of Massachusetts. The means of egress are sufficient for the following number of persons: BY STORY P;rt:�'S ;5355556' 76355;1515H', T,3G'rn7l;ClIG;,C7.. ;G7Y'Sh Story CaP�,€050yr35x35 35 `spl€ s55e,sx Capacity Story Ca,�a,5ct>? xb 'Y 365»:556 16°•, SY'S? Capacity t:_ND FLUOR I OOME), r;RU F1100R ROi7M BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly Place of Assembly or Structure Capacity Location or Structure Capacity Location f.b 0275—:t 997 I. a / t5/ :1,'-3 7 1. 1. 11[3/1.79 E; Certificate Number Date Certificate Issued Date Certificate Expires uilding O Tfficial The building official shall be notified within (10) days of any changes in the above information. 1 V a�kncorreoxuEAITH of nnssacL�sEOLDING DEPT. . V ' 10 CITY OF SALES APPLICATION FOR CERTIFICATE OF INSP CTZ N S hG oo AM 91 Date "1 (X) Fee R�µ�bed S CITY In accordance with the provisions of the Hassacausects State Building Code, Section LOB, 15, I hereby apply for a Certificate of Inspection for the below-named premises located ac the following address: Street 6 Number r4f� L1\4 Name of Premises Purpose for which Premises is sed License(s) or Permit(s) required for the premises by other Governmental Agencies: License or Permit Agency Certificate to be issued to: Address: Owner of Record of Building: /�y /k) 6'&Y� J} A, 14WVA Address: nn Name of Present Holder of Certificate: d�� Name of Agent, if any... -�Signatu of Per to worm Lertif icate TITLE is issued or his/her authorized agent & /M y 7 Date INSTRUC71ONS: Day time phone IZ�AA I;XA Z 1. Hake check payable to: The City of Salm 2. Return this application with your cheek to: Insoecror of Buildings, City of Salm Building Department, One Salem Green. Salm. HA. 01970. PLEASE NOTE: I. Applicacion form with required fee must be submitted for each building or structure of part thereof to be certified. 2. Applicacion 6 fee must be received before the certificate will be issued. 3. The building official shall be notified within ten (10) days of any change in the above information. CERTIFICATE 1 DECO I`149�Q EXPIRATION HATE:;lIe. D9f7/5�9 Z� J r� 2 � �. .._ . L � ' � r . ,7 PERIODIC INSPECTION REPORT This-form is to be completed each time a Periodic Inspection is made. At the time a new Certificate of Inspection is issued, a notation indicating that the fee has been paid will be made to Application Form prior to the new Certificate of Inspection being issued. Any changes since the last inspection are to be added to the file card of the premises. Street S Number C�a Name of Premises 1 n /O 4- Q Certificate to be issued to: ,.,f n _ S,� Address Ila. V I- C4 Owner of Record of Building �� ./J r-k S 6,01 v(-�(C1 � /'"T-a411AA7 Address a a llnlr do 61— / Purpose for which premises are used L DAY 9 1 Changes since last last In�snpection (required on file card also) , - J 2. 3. 4. 5. Date Order Issued: Order Issued To: Address Date Violations Corrected: REMARKS: I have this day inspected the above premises, and the same conforms to the pertinent requirements of the Massachusetts State Building Code and the rules and regulations pursuant thereto. Date Building Official Certificate I S' Date Issued: I I II SI I Date Expires: Recommended Next Inspection: P.02 CIVIL ENVIRONMENTAL CONSULTANTS 1 Walton Street Wakefield,Ma 01880 (617)245-2400 Fax(617) 245-1042 CEC President Vice President Kenneth J. Bouffard James A. O'Day,P.E. Associate Bruce P. Eaton,P.E.,P.L.S. Mar . 4 ,1996 Mr . George Pena 22 Hardy Street Salem, Ma. 01970 Re: Survey of property line at 22 Hardy Street Dear Mr . Pena: This will serve to advise that we have surveyed the Property line between your property and land of Cennemi and find that the deck you are constructing is within your property by 0.50 feet (6 inches) and therefore does not intrude on your neighbors land. If you have any questions please do not hesitate to call me. Very truly yours, Bruce P. Eaton P .L.S. SSCN';13�ys Or 03A1y�38 'jud fly es ld'a �NIa7i�g Surny Servim Subdivision,Utility,Highway,WastewswDesign Eavironmental Studia&Reports Consttuvtioa Matugemeat A BUILDING DEPT.". 9hr FEB 28 8 4e Q9 '9G v a RECEIVED CITY 1 - CITY DF SALEM,MASS. (-Q Y Vli. 2 h w� V-e y is G vrQ S S C w CA- • • voRTGAGE I wVEY SALEM, MASS_ 365 �Df/LM1V L M MASS- At, �WKL {2" q 9 viso N�F 4+,yOg�vE�d' Lt Q/mnc TO HERITAGE CO-OPERATIVE BANK I CERTIFY THAT THE DWELLING IS LOCATED ( 2 �r R',9��• AS SHOWN AND CONFORMED TO THE ZONING SET BACK REOU"MENTS OF THE CITY OF o �' way, WHEN EXT EMPT FROM VIOLA ENFORCfA1ED TIS { o UNDER M. G. L. TITLE VO CH. 40A SEC- 7. q 6 4 70 I : :sig• . uf:is fr y. I '1. { zYs J�.. CannBirs.. I /J• P2 NAROY -s r- NOTE THIS PYAN WAS PNEPAAEV PROM A •l. rv�r otsrr r 7o nE aasr ar mr KAOMQED TAPE AvEY AAD IS INTENDED FOR nar nE Plwsssa s,Ww av nus PLAN AiE M7rsoar- ,yp19TGA6aE' PLC'S ONLY. OFFSETS SNONN fD M�7yl�A S0ZAL Axv Alert AS L�LZAEATI� J my w a w"Ar� or ffE ON QR SCALF� t r THIS PYAN, A � J S ASW roMATE ONLY AAS swap NOT BE r PM¢ � ZpMF G (/�O TO OE7E7�MIA� pypCEgTY LINES. I fLg7111A Q97r ?mr 11� 5r" !•m 30'QATE Ow"' 4 , /99S AMS� xuv CSVI rjw a� tri CoXLW 9GZ PAGE GS/ Mr-/ aA iTEL �ACIrM- - IN?ICA aWTR0 /' 9S-os8O /y �°� Coity ofttlem, � ttssttclTusetts Poarb of 'Apprnl Ocr 2q 3 hi '95 �w.. DECISION OF THE PETITION OF ROBERT M. SHEA_REQUESTI G' MASS" , ',.. .,; ... , A VARIANCE FOR THE PROPERTY LOCATED AT122 HARDY STREET '(R-2 A hearing on this petition was held October 18, 1995 with the following Board members present: Stephen Touchette, Chairman; Gary Barrett, Albert Hill, Nina Cohen, and Arthur LeBrecque. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owners of the property request a Variance to convert a two family dwelling into a bed and breakfast for the property located at 22 Hardy Street (R-2 ) . The Variance which has been requested may be granted upon a finding of this Board that: 1 . Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other land, buildings, or structures in the same district. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogation from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful considerations the evidence presented at the hearing, makes the following findings of fact: 1. The petitioners seek a variance to allow conversion of the existing non conforming residence at 22 Hardy Street to a bed & breakfast type accommodation with 4 guest rooms. 2. The proposed change in use would require no change in the building foot- print. Additional landscaping may be undertaken to upgrade the appearance of the building and grounds. 3. Support for the proposal was voiced by neighbors Ed Luzinski, of 24 Hardy Street, and by Cora LeBlanc, of 22 1/2 Hardy Street. The House of Seven Gables also supported the proposed conversion, via a letter for the Gables director Thomas Neel. 4. A petition with 15 signatures was submitted in support of the proposal. On the basis of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. Special conditions exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substation hardship to the petitioner. DECISION OF THE PETITION OF ROBERT M. SHEA REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 22 HARDY STREET iR-2 -age two 3. Desirable relief can be granted without substantial detriment to public good and without nullifying and substantially derogating from the intent of the district or purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the variance requested, subject to the following conditions: 1. Petitioner shall comply with all city and state statures, ordinances, codes and regulations. 2. Petitioner shall obtain a building permit prior to beginning any construction. 3. A11 requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly adhered to. s, A Certificate of Occupancy shall be obtained. 5. A Certificate of Inspection shall be obtained. 5. Exterior finishes of the new construction shah be in harmony with the existing structure. 7. Petitioner is to obtain approval from any City Boards or Commissions having jurisdiction including, but not limited to, the Historic Commission. N 4' %Variance Granted a tctober 18, 1995 Nina Cohen, Member Board of Appeal N v 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 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal ti:ifir��r+�'r�pV�'�In��"�Y`WTRiKrM°P'�"r>f"A�t+�"'M1a y,,e°il°M„ay,,•�t»� a•Nt�M�A•t�'~++ ^M^fMl'�,.1)il.rl. 9t FIELD COPY E' CITY OF SALEM BUILDING SALEM, MASSACHUSETTS 01970 PERMIT Ta vLID A AT 4EINI'm DATE February 7 IB 94 PERMIT No. 3I-94 APPLICANT .r Nicklor, N;klmhnnnntnc ADDRESS 12' Fairview Ave. Swampscott, Mats. 1402 _ ' ('x O.1 (STREET) ICOSTR'S L11E41EI PERMIT TO Demolish - (�) STORY Garage NUMBEROF UNITS 11"t 01 IYIPOYEME 4f1 xo. IPPOPOSEO UstiZONI- 22 Hardv Street Ward I Rc DISTu9 (STREET) "- AT ILe:ATioNI DISTRICT Ixo.l •. BETWEEN AND 10001, STPEETI ICPOSS STREETI LOT SUBDIVISION LOT BLOCK 'SIZE BUILDING IS.TO BE FT. WIDE BY FT. LONG BY FT. IN HEIGHT AND SMALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP ' BASEMENT WALLS OR FOUNDATION ITTPE) REMARK , Permit to demolish Qarage ___�_ IMPORTANT: A-1 irspeci-oil is . -a.,,:1RED upon con,-p! :lO(1n-ai w�O':,1 Pl< ' _ .;a'I AREA OR (i'C)'J-JO r.Al• vb0 2,000 PERMIT 'LO o0 IOL UME ESTIM TED COST T FEE S .c•�eE�`iBv%+rr-PYii INSPECTION RECORD DATE NOTE PROGRESS - CRITICISM$ AND REMARKS INSPECTOR /5� R 0 �- YVO NE S. BLACKWELL 4/13/94 Mr. John Jennings U 33 :Cl Asst. Building Inspector 1 Salem Green Clry Salem,MA.01970 OFES~1F,,°,;4ASS. Dear Mr. Jennings: About a month ago, you were kind enough to respond to a letter I sent you regarding the apartment I currently re- side in. As I told you, the back porch (I am on the second/ third floors) is literally rotting and very unsafe. The landlady intends to do nothing about it. I have been asked to leave the apartment, but fear that the porch will not support the weight of movers and all of my furnishings, etc. (I have already had one mover refuse to give me an estimate because he said the porch was not safe for three men carrying heavy objects to be walking on. Un fortunately, he charged me $50.00 to inspect the porch, but would not put it in writing as an unsafe job.) I did not call you back a month ago because I have been very sick with bronchitis and have been unable to do much about planning for the move until just this week. Would you please still be willing to come out to the property and look at the porch? Obviously, I cannot get out of the apartment if I cannot be moved. Additionally, in my first letter to you I had outlined the fact that the third floor does not have a second means of egress and contains a woodburning stove. I question the legality of the lack of egress as well as having a stove in- stalled without a license. YouQassistance will be greatly appreciated. You can call me at home (508-744-3006) or at my office (508-356-2971) . Again, tha nk you for your courtesy before, and I hope to hear from you soon. Sincere', �/� Yvonne S. B&ckweff 22 Hardy St. Vu OvAr qrjllil�*1 2�9 Salem, MA 01970 114, PR .9 COLLEC I MR. JOHN JENNINGS ASST. BUILDING INSPECTOR 1 SALEM GREEN SALEM, MA. 01970 I �- I _- � __ __. _� :� , �-- ��. �; __ r BUNUING DEPT. February 25, 1994 f R I 2 25 PH en� RECEIVED JJ RE: .Edward & Helena Moreno CITY OF SA,LEM,MASS_ 182 Wilson Road Nahant, MA. 01908 Building Inspector One Salem Green Salem, Mass. 01970 Dear Sir: I am a tenant in the second/third floor apartment at 22 Hardy Street, Salem,MA. This property is owned by the above-named. I am writing to alert you of several serious violations which exist with the premises at 22 Hardy Street. First of all, there is a wood-burning stove in inyeapartment, on the third floor. I question the existence of a permit for this stove, since there is no second means of egress from that third story. Next, my back porch is in total disrepair. The wood is rotted and there are no safety railings. The first floor landing of the porch is ready for any- one's foot who .weighs enough_ to go right through it. Since I have been asked to leave my apartment, I am more than a little concerned about the porch, since it is the only way movers will be able to get my furniture and belongings out of the apartment. (The front door entrance will not be?of any use, since the hallway upstairs is too small for anything to be removed from the apartment reasonably. In short, the Morenos should be made to replace this porch. I doubt any able- bodied movers" will want to step foot onto that porch, even without carrying furniture! Lastly, the garage on the premises has been condemned for many months. The roof is caved in and the shingles fly off .regularly. This is not a small garage: it is a three-car garage and is a serious hazard for adults, to say nothing of children and animals. I would ask you to please look into this situation, as it is a serious problem for me_ The neighbors at the back of the house at 22 Hardy Street, Barbara and Cora LeBlanc, can reinforce the information in this letter, as their property is in jeapardy, at least where that garage is concerned. Thank you for your assistance in this matter. n erely, Yvnne S. lackwell 22 Hardy Street Apartment 2 Salem, MA.01970 Plans must be riled and approved by the Inspector before a permit will be granted. No. L,� City of Salem Ward IS PROPERTY LOCATED IN THE 4 ; HISTORIC DISTRICT? Yes No e IF SIDING, HAS ELECTRICAL J&ciwKcatd / PERMIT BEEN OBTAINED? YesNo Home Phone # APPLICATION Bus. Phone # 54 e!22 e, FOR �Pr110/�si� PERMIT TO F _ Salem,Mass., TO THE INSPECTOR OF BUILDINGS: The undersigned herebv apph $for a permit m5according to the following specifications: Owner's name and address &24/,yA G/_ au4ez 13—c i Architect's name Mechanic's name and address f /e[ �Z�"ZZ,S Location of building.No. $ '" / _ - What is the purpose of building? 2 Material of building? —G CLO d Asbestos? A - If a dwelling,for how many families^. -'.7-n= Will the building confo�j to the require ents of the lawE2)? n^ e Estimated cost ob Cont r ori L'c.No. Jn a 2, Signature of applicant `e EMARKS SIGNED UNDER THE a 4 >;a �,��c -V el PENALTY OF PERJURY. L(� No. 9� Ward APPLICATION FOR PERMIT TO ROOF REROOF OR INSTALL SIDING Location PERMIT GRANTED Approv Building lnsp for lI' n6 COMMONWEALTH OF MASSACHUSETTS 14 Eco DEFARTI IFNT OF INDUSTRIAL ACCIDENTS 600 WASHINGTON STREET : Canooeu BOSTON, MASSACHUSETTS 02111 games ssone• WORKERS' COMPENSATION INSURANCE AFFIDAVIT 1, +y�c,l�tX.4S L N/I�oG��oul v S 0 icenseer permit nee with a principal place of business/residence at: 1a SW -wjpsCof /0 019o2 (Cary/starcizip) do hereby certifv, under the pains and penalties of perjury, that: ] I am an employer providing the following workers' compensation coverage for my employees working on this iob. Insurance Company Policy Number ( ' I am a sole proprietor and have no one working for me. ] I am a sole proprietor. general contractor or homeowner (circle ane) and have hired the contractors listed below who have the following workers' compensation insurance policies: Name of Contractor Insurance Company/Policy Number Name of Contractor Insurance Companv/Poliev Number Name of Contractor Insurance Company/Policy Number (] I am a homeowner performing all the work myself. NOTE: Please be aware that while homeowners who employ persons to do maintenance.construction or repair work on a dwelling of not more than three units in which the bomcowner also retina or on the grounds appurtenant thereto are not generally considered to be employers under the Workers' Compensation Aa(GL C. 152,sea. 1(5)),application by a 6omeowper for a license or permit may evidence the legal status of an employer under the Workers' compensation Act. 1 understand that a copy of this statement will be forwarded to the Department of Industrial Accidents' Office of insurance for coverage �enficacion and that failure to secure mverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties consisting of a fine of up to $1500.00 and/or impruonment of up to one year and civil penaiues in the form of a Stop Work Order and a Fine of 5100.00 a day against me. //� ® Q Signed this /1�� fn^ std day of 2 , 19 Licenseei Perminee licensor/Permiaor Ih Michael S. Detkakts .KCfOOfwtasob ,�lcG �� tst�i7 Governor Vr�Darerew J — �oorw X10! Kenraro Tsutsumt ..pdrt(ow, A&Mizat"e ea 0$108 18171 �`. Charles J. Dineao Admmtatattsr MEMORANDUM TO: All Building Departmentsrzitate Building Inspectors FROM: Charm J. Dine= Administrator DATE Ofxuber J 1. 1988 SUBJECT. MGT. c4a- S54- Added Rv e5R4. S9 of the Acts of 1997 The above-mentioned statute rCOutrcs that debris resulting tram the dcrnoution. renovation. rchibilfratmn ,it other alteration of a huddine or structure be fasposcd of in a properry ticcaseu solid waste dispteal tacthty as damned by MGL c111. S150 anu that hutldene permits or (teen= arc to mdicm the 10GtiGn ,d the tactaty at which the saw dchrts is tat he dtspdstw. THIS REOUIREI4ENT'DOESNOT ,APPLY TO NEW CONSTRUCTTON. In eroa to semult(v the process and to prtmde umformtiv. we arc attaching a cdpv of a tram whksb.vou an cotta fcprouu=and use as it is since inc completed form will be almc= to the ottiCC COPY of butlWag permits or licenses: of reproduce at on Your letterm3d. In camt of municipal.cammefcT3L lndustftal.or multi-unit housing construction.the contractor 111W not kAW the dumpster subcontractor at the time of the budding permit application. In such can. the 211mcbm Cope of an Affidavit an be used The cemptete law 13 cantained to the November issue of CODEWORO which wdl he matkd 10 too in the net two weeks. If von should have anv ducstlnn. picasc let us know. CJDlkm AFFIDAVIT As a result of the provisions of MGL c 40, 554, I acknowledge that as a condition of Building Permit Number all debris resulting from the construction activity governed by this Building Permit shall be disposed of in a properly licensed solid waste disposal facility, as defined by MGL c 111, S 150A. I certify that I will notify the Building Official by L P U' (Two months maumum) of the location of the solid waste disposal facility where the debris resulting from the said construction activity shall be disposed of, and I shall submit the appropriate form for attachment to the Building Permit. 2 4 Y Date Slgnamre of Pert Applicant (Print or type the following information) �rc.kv�rf- � L aL'l ��oCoPo �de�S Name of Permit Applicant Firm Name, if any t ..9- FA/real C uJ AU 340'4--tyoSCO /f Address In accordance with the provisions of MGL c 40, S 54, a condition of Building Permit Number is that the debris resulting from this work shall be disposed of in a properly licensed solid waste disposal facility as defined by MGL c 111, S 150A- Ile 50AThe debris will be disposed of in: isC // tion of Facility) Signature of Permit Applicant z/7 /f v T at r 1 CCR a Y 'a v'aartaa tom° CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH 9 North Street ROBERT E BLENKHORN Salem,Massachusetts 01970 HEALTH AGENT - ,- 508-741-1800 November 9, 1993 Edward&Helena Moreno 182 Wilson Road Nahant,MA 01908 _ Dear Edward&Helem Moreno: to accordance with Chapter ill,Sections 127A and 1278 of the Massachusetts General laws,105 CMR 400.00:State Sanitary Code,Chapter 1:General Administrative Procedures and 105 CMR 410.000:State Sanitary Code,Chapter 11:Minimum Standards of Fitness for Human Habitation,an inspection was made of your property at 22 Hardy Street in the City of Salem,Massachusetts by Virginia Moostakis,Sanitarian for the Salem Health Department on November 5,1993®10:45 a.m_ The following violations of the State Sanitary Code were noted,as checked off: CMR 410:600 Storage of Rubbish and Garbage _ CMR 410:601 Collection of Garbage and Rubbish _X CMR 410:602 Maintenance of Areas Free From Garbage and Rubbish(A through D) Reg.#7 s.3.10 Board of Health Regulation Description of Violations: SEE ENCLOSED: 410.600: Storage of Rubbish and GarbW (A) Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight-fitting covers.Said receptacles and covers shall be of metal or other durable,rodent-proof material.Rubbish shall be stored in receptacles of metal or other durable,rodent-proof material. Garbage and rubbish shall be put out for collection no earlier than the day of collection. (B) Plastic bags shall be used to store garbage or mixed rubbish and garbage only if used as a liner in watertight receptacles with tight-fiting covers as required in 105 CMR 410.600(A)provided that the plastic bags may be pm out for collection except in those places where such p practice is prohibited by local rule or ordinance,or except in those cases where the Department of Public Health determines that such practice constitutes a health problem For purposes of the preceding sentence,in making its determination,the Department shall consider,among other other evidence of strewn garbage,tom garbage bags,or evidence of rodents. (C) The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling place shall be responsible for providing as many receptacles for the storage of garbage and rubbish as are sufficient to contain the accumulation before final collection or ultimate disposal,and shall so locate them to be convenient to the tenant that no objectiomble odors enter any dwelling. (D) The occupants of each dwelling,dwelling mit,and rooming unit shall be responsible for the proper placement of her or his garbage and rubbish in the receptacles required in 105 CMR 410.600(C)or at the point of collection by the owner. 410.601:Collection of arbanat�sh The owner of my dwelling that contains three or more dwelling units,the owner of my rooming house,and the occupant of my other dwelling place shall be responsible for the final colelection or ultimate disposal of incineration of garbage and rubbish by means of: (A).The regular municipal collection system;or (B) Any otber collection system approved by the Board of Health;or (C) When otherwise lawful,a garbage grinder which grinds garbage into the kitchen sink drain finely enough to ensure its free passage,and is otherwise maintained so as not to create a safety or health hazard;or (D) Who otherwise lawful,a garbage or rubbish incinerator located within the dwelling which is properly installed and which is maintained so as not to create a safety or health hazard;or (E) Any other method of disposal which does not endanger my person and which is approved in writing by the Board of Health (see 105 CMR 410.840) SALEM HEALTH DEPARTMENT 9 North Street Salem, MA 01970 �!4M CERTIFIED TRASH LET7ER MORENO RE: 22 HARDY STREET PAGE COMPLAINTS HAVE BEEN RECEIVED RELATIVE TO MISCELLANEOUS DEBRIS AND TRASH PROBLEMS AT YOUR PROPERTY LOCATED AT 22 HARDY STREET'IN THE CITY OF SALEM MASSACHUSETTS. AN ON SITE INSPECTION CONDUCTED BY VIRGINIA MOUSTAKIS,SANITARIAN,NOTED MISCELLANEOUS DEBRIS AND TRASH IN THE UNUSED GARAGE THAT IS IN DISREPAIR AT THE REAR OF YOUR PROPERTY AS WELL AS ACCUMULATION OF GARBAGE. YOU ARE HEREBY ORDERED TO TAKE IMMEDIATE CORRECTIVE ACTION TO REMOVE SAID TRASH/GARBAGE FROM THE GARAGE, WITHIN 5 DAYS AND MAINTAIN THE AREA IN A CLEAN AND SANITARY MANNER. TRASH/GARBAGE MUST BE PUT OUT FOR WEEKLY MUNICIPAL PICK-UP. /Le SALEM HEALTH DEPARTMENT 9 North Street Salem,MA 01970 410.602:Maintenance of Amu Free From Garbagc and Rubbish (A) land: The owner of my parcel of land,vacant or otherwise,shall be responsible for maintaining such parcel of land in a dean and sanitary condition and free from garbage,rubbish,or other refuse.The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety and well-being of the occupants of any dwelling or of the general public. (B) Dwelling Units: The occupant of any dwelling unit shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish,other filth or causes of sickness that part of the dwelling which s/he exclusively occupies or controls. (C) kgs Contatatng Fewer Than Three Dwelling Units: In a dwelling that contains fewer than three dwelling units,the occupant shall be responsible for maintaining in a dean and sanitary condition free of garbage,rubbish,other film or causes of sickness the stairs or stairways leading to her or his dwelling unit and the landing adjacent to her or his dwelling unit if the stairs,stairways,or landing are not used by anomer occupant. (D) Common Areas: In my dwelling,the owner shall be responsible for maintaining in a clean and sanitary condition free of garbage,rubbish, other film or vases of sickness that part of the dwelling which is used in cormnon by the occupants and which is not occupied or controlled by me occupant exclusively. n The owner of my dwelling abutting a private passageway or right-of-way owned or used in common with other dwellings or which me owner or occupants under her or his control have the right muse or are in fad using shall be responsible for maintaining in a clean and sanitary condition free from garbage,rubbish,other filth or cause of sickness that pm of the passageway or rightof-way which abuts her or his property and which slhe or the occupants under her or his control have the right to use,are in fad using,in which sthe owns. Baud of Health Remblion#7 Section 3.10: Containers or Bundles of Household and Ordinary Commercial Waste.Garden and Lawn Waste: These shall be placed at the outer edge of the sidewalk appurtenant to the premises of the owner not later Than 7:00 a.m.on the day of collection and not before 6:00 p.m.on the day preceding the day of collection,and shall be removed from the sidewalk on the same day as emptied.No commercial establishment shall place or cause to be placed more mm fear barrels or other containers of ordinary commercial wastes cur any extraordinary commercial cur industrial wastes or tree waste upon my sidewalk or way for disposal. You are hereby Ordered to make a good faith effort to cared mese violations within 24(twenty four)hours of receipt of this notice. .Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this order,you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 Days of receipt of this order. At said hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this order should be modified m 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 in investigation reports,orders,and other documentary information in the possession of this Board,and that my adverse party has the right to be present at the hearing. One or more of the above violations constitutes a condition which may endanger or materially impair the health or safety and well-being of the occupant(s) or the general public. H you have my questions,kindly contact/this office at(508)741-1800. For the Board of Healon a� ) Reply to: RobeftEBI.,ru,C.H.O. - Virginia Mowtakis , Health Agent Sanitarian Certified Mail P 348636 708 ce: Building Inspector Ward Councillor Y SENDER (thep , Complete items t and/or 2 for additional services. UP • Complete items 3,and as&b. — f0 t80 • Print your name and address on the reverse of this hvmwe can retu is card to you.• Attach this form to the front of the mailpiece,or on thespace does ermit• Write"Return Receipt Requested"on the mailpiece belowl,@ nuch er. /( LLB ea• The Return Receipt Fee will provide you the signature ofbn'deli te'and the ^-- data of delivery eliver CODSmaStef for fee. 3.Article Addressed to: 4a.Article Number Edgard Moreno P 921 991 565 192 11flood 4b.Service Type gshant, (th 01908 Hit 22 hardy St. , "en CERTIFIED 7)Dete of Deliv ry U � 5.Signature—(Addressee) 8.Addresse's Ad gess (ONLY i requ sted and fee paid.) 6.Signature—(Agent) PS Form 3811,November 19gHe DOMESTIC RETURN RECEIPT United States Postal Service j Official Business w IF PENALTY FOR PRIVATE USE,$300 INSPECTOR OF BUILDINGS ONE SALEM GREEN SALEM MA 01970-3724 �� blL�� a9 � '^ -P ARTICLE P 921 991 565 - • UNE 1• 1 Edgard Moreno NUMBER 182 Wilson Road Nahant, MA 01908 RE: 22 Hardy St. , Salem r w 1 FOLD AT PERFORATION t Fir WALZ . INSERT IN STANDARD#10 WINDOW ENVELOPE. C E R T I F I E D r" M A I L S RW a y,t 0(lg Titg of I*ttlem, mnasac4usetts Public Property Department Nuilbing i9epartment 'b (Ont ft1cm 4reen 5tl8-745-9595 $xt. 380 / Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer U� October 7, 1993 Edgard Moreno 182 Wilson Road Nahant, MA 01908 RE: 22 Hardy Street, Salem Dear Mr. Moreno: In response to a complaint an inspection of the garage located at the rear of the above referenced property was conducted. This garage was found to be in violation of the Massachusetts State Building Code Section 123.0, Unsafe Structure. You are hereby notified that this garage is to be made safe immediately, either by replacing structural supports or by demolishing said structure. You are also ordered to contact this office immediately upon receipt of this notice so as to advise us of your intentions. Failure to comply will result in the appropriate legal action being taken. I thank you in advance for your anticipated cooperation and prompt attention in this matter. Sincerely, Leo E. Tremblay Inspector of Buildings LET:bms cc: Councillor Nowak, Ward 1 Fire Inspector LaPointe Certified Mail #P 921 991 565 /22hardy/ 7� -� �� -�� SENDER: • Complete items 1 and/or 2 for additional services. I also wish to receive the • Complete items a,and 4a a b. following services(for an ext(a fee): • print your name and address on the reverse of this`.erm so that we can return this card 10 you. 1. ❑ Addressee's Address • Attach this form to the front of the mailpiece,or on the back if space does not permit. • Write'Return Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivered to and the date of delivery, I Consult postmaster for fge. 3.Article Addressed to: 4a.Article Number P 921 991 548 ,• K �.r..I',ZuXti: 4b.Service Type �,z..C.iZr t�,� • CERTIFIED 7.Date of Delivery S.Signature—(Addressee) 8.Addressee's Address (ONLY if requested and fee paid.) 6. ignature—(Ag t) PS Form 3811,November 1990 DOMESTIC RETURN RECEIPT United States Postal Service Official Business D PENALTY FOR PRIVATE USE,$300 Illuuull��lulu��llun�l��l�ulul��lull�ull INSPECTOR OF BUILDINGS ONE SALEM GREEN SALEM MA 01970-3724 ARTICLE • P 921 991 548 LME 1 NUMBER Cara LeBlanc 22 ,1/2 Hazuy St. Salem, Mass. t FOLD AT PERFORATION t WALZ INSERT IN STANDARD#10 WINDOW ENVELOPE. , C E R T I F I E R M A I L E R TM Cnitg of Vitttlem. Mnasac4usetts Public Prupertq flepartment Suilbing Department (One #alem (6reen 508-745-9595 Fxt. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer September 30 , 1993 Cara LeBlanc 22 1/2 Hardy Street Salem, Mass . 01970 Re: 22 1/2 Hardy Street Dear Mrs . LeBlanc: This office has received a complaint concerning a two car garage at rear of 22 1/2 Hardy St. I have conducted an inspection. of said garage on September 30 , 1993 and have found it to be in violation of Section 123 . 0 of the Mass State Building Code ( Unsafe Structure) . This structure must be made safe at once by means of removing,demolishing or by means of replacing structual supports . Please notify this office at once upon receipt of this letter as to your course of action. Failure to do so will result in legal action. Thank you in advance for your cooperation in this matter. Sincerely, Leo E. Tremblay Inspector of Buildings LET: scm CC: Councillor Nowak,Ward 1 Fire Prevention Officer, Norman LaPoint Certified Mail #P 921 991 548 July 26,- . 1982. , City of Salem Building Department One Salem Green Salem, Massachusetts, 01970 Dear Air. Mo' Intoshs + We, Edgard and Helena Moreno, buyers of 22 Hardy Street, Salem, Massachusetts, taking possess'ion .July, 30, 1982; agree. to plug up two (2) chimney thimbles (one 1n the basement and one on the second floor) with masonry. Metal collars are to .be removed. Also, we agree -to -install 5/8" sheet rock over the boiler. When completed, we' will call for re-inspection. Edga d Moreno - : M' � � ♦a*a c i t � i 4 � kir ) //%l��fi!��. H ena Moreno r t ' / w L'ir ^ o ` sL.,3a'"r1'.IP Richard T. McIntosh One Sale Green July 9,1982 - 14 J Mim Gagnarl c/o LTilliam Little Co. 232 Washinp,ton Street Re: 22 Tardy Street Salem,Ma 01970 Dear Ms.Gaguon: _lease be aware of th=_. facts concerning the Certificate of cccu a ncy for the .above referenced property. . There will be fees involved for each Department that is re- quired to sign the Certificate. There will be a lengthy time period, because of cut backs in personnel in each Department. Section 119.3 of the Massachusetts State Building Code states, that if a Certificate-of Occupancy has not been issued, " upon written request fr__ ___ owner of an existing building or StrL'cture,. a Cert-ff_a=c of _s_ and 5ccupancy sha i be issued, provided there are no violatioms of law or orders of the Building Official pending, and it is estabiished, after inspection and investigationthe alleged use of the building or structure has heretofore existed". The fees could approximate $ 150.00 - $ 200.00 , and the period could be as long as tato or three months. Very truly yours, Richard T. McIntosh . -4:no' s Inspector of Buildings t y �"01MILl. C Ui# of ttlPm, ttssttclfusQ##� pp ' Publir 11rapertg Pepartntent Puilaing Pepntrtent Richard T. McIntosh One Salem Green 745-11213 June 2.9,1982 TO WHOM IT MAY CONCERN: The property situated at 22 Hardy Street is located in a B-1 Zoned District, which allows for all permitted uses for a B-I Zone. There is nothing on file in this Department eelating to the above property. Richard T. McIntosh Zoning Enforcement: Officer business l eralrC:rre Ke I UP of 6atem, fflaso bugetts DATE FILED , 3 y Type: U New Expiration Date /3 99 ❑ Renewal, no change Number 95-96 ❑ Renewal with change In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General 72Laws s amended, the undersigned here-b-�declare(s) that a business is conducted under the title of: (:t (? h/ ma rn a .i)-o .Sy_� at. (� type of business P .±R x.Pj-- A" cYn/b by the following named person(s): (Include corporate name and title if corporate officer) Full Name R s�idencq 'a u d—c�ll ria a ilde, �f- " S es on 19_25Lthe above named person(s) personally appeared before me and made an oath that the foregoing statement is true. ----------------------------------------------------- ----------------------------------------------------- CITY CLERK Notary Public (seal) Date Commission Expires Identification Presented State Tax I.D. # S.S. # n �" `� 3 8710 (if available) In accprdance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5, of Mass. General Laws, business certificates shall be in effect for four(4) years from the date of issue and shall be renewed each four years thereafter. A statement under oath must be.filed with the town clerk upon discontinuing, retiring, or withdrawing from such business or partnership. Copies of such certificates shall be available at the address at which such business is conducted and shall be famished on request during regular business hours to any person who has purchased goods or services from such business. Violations are subject to a fine of not more than three hundred dollars ($300.00) for each month during which such violation continues. —I Ti I CITY OF SALEM BUILDING .lk SALEM, MASSACHUSETTS 01970 PERMIT T 2 4E "'I_,g�;.".y E. DATE 19 PERMIT NO. APPLICANT ADDRESS (NO.) (STREET) (CONTR S LICENSE) CITY STATE—ZIP CODE—TEL,NO. T C�; I I:!-I:,.P NUMBER OF PERMIT TO E-) STORY DWELLING UNITS (TYPE OF IMPROVEMENT) NO__ (PROPOSEDUSE) AT(LOCATION) Qt P; 'r ---7 ZONING DISTRICT (NO) (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) LOT SUBDIVISION 'i'. 1 LOT Z7 BLOCK— SIZE BUILDING IS TO BE FT.WIDE BY FT.LONG BY FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) E.N(.1, CN ZIR.cPKPP7T REMARKS: (As per plans submitted.) AREA OR PERMIT VOLUME— COST$ (CUBIC/SQUARE FEET) FEE OWNER SHE., 2 FID C, BUILDING DEPT. ADDRESS HAiDDY S, BY THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET:ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY,ENCROACHMENTS ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION,STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL INSPECTIONS APPROVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT WHERE APPLICABLE SEPARATE REQUIRED FOR ALL CONSTRUCTION WORK POSTED UNTIL FINAL INSPECTION HAS BEEN MADE, WHERE A PERMITS ARE REQUIRED FOR 1.FOUNDATIONS OR FOOTINGS. ELECTRICAL,PLUMBING AND 2,PRIOR TO COVERING STRUCTURAL CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH BUILDING SHALL MECHANICAL INSTALLATIONS. MEMBERS(READY TO LATH) NOT BE OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. 3.FINAL INSPECTION BEFORE OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET /41JILDING INSPECTFN PPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS -7, 17 24/ /ef, WILDING INSPECT A S'jA GAS INSPECTIQN APPRO\kALS FIRE DEPT INSPFrjINQ APPROVALS 1 Ile, OTHER CITY ENGINEER 2 2 WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CO TIONS INDICATED ON THIS CARD PERMIT INSPECTOR HAS APPROVED THE VARIOUS NOT STARTED WITHIN SIX MONTHS OF DATE ARRANGED FOR BY TELEPHONE STAGES OF CONSTRUCTION FAS NOTED ABOVE. OR WRITTEN NOTIFICATION THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) IM /A-�C&L DATA CERTIFICATE OF OCCUPANCY CITY OF SALEM Issued: i�Permit q: sj"96 SALEM, MASSACHUSETTS 01970 City of Salem Building Dept. DATE 19 _ PERMIT NO. APPLICANT - - ADDRESS (NO.) !STREET, (CONTR'S LICENSE, CITY STATEZIPCODE TEL.NO. NUMBER OF PERMITTO I ) STORY -' DWELLING UNITS (TYPE OF IMPROVEMENT) NO. (PROPOSEDUSEI ZONING AT(LOCATION) DISTRICT (NO) ,STREET, BETWEEN AND (CROSS STREET) !CROSS STREET? ... LOT SUBDIVISION - LOT - BLOCK SIZE BUILDING IS TO BE FT.WIDE BY FT.LONG BV FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS'. AREAOR ICUBIC/SOUARE FEET) PERMIT - ' VOLUME ESTIMATED COST$ " ' " " FEE OWNER BUILDING DEPT. ADDRESS " "" BY /�S 3 Titg of Attlem, Massar4usetts joublic 11ropertg i9epartment Nuilbing Department (One #z lem Breen 508-745-9595 fxt. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 11 , 1996 A. Anture & Sons , Inc . 175 Lafayette Street Salem, Mass . 01970 ti RE : tjL5LafayetteStreet To Whom it May Concern: Thank you very much for your response to the letter dated on May 13 , 1996 regarding the above mentioned property. An inspection was conducted and found all violations corrected. This office will notify all the appropriate departments and the Ward Councillor that this situation has been brought to a satisfactory conclusion. Sincerely, Leo E . Tremblay J Inspector of Building LET: scm cc: Dave Shea Jane Guy Councillor Paskowski , Ward 1 S/9�o y JOHN R. KEMTY, COUNSELOR AT LAW 40 LOWELL STREET TELEPHONE (978) 531-7900 PEABODY, MA 01960 FACSIMILE (978) 531-2479 May 4, 2004 Mrs. Cora LeBlanc 22 V2 Rear Hardy Street Salem, MA 01970 Re: Property at 22 Hardy Street,Salem,Massachusetts Dear Mrs-LeBlanc: I represent Robert Shea;the owner of property at 22 Hardy Street in Salem, Massachusetts. Mr. Shea has scheduled certain contract work to be conducted on his property. That work will be undertaken on or about May 17, 2004 or May 18,2004. The work may result in the temporary unavailability of passage over the shared driveway. The work will be undertaken as expeditiously as possible and will deny access to the right of way for as brief a period as possible. Very truly yours, John R. Keilty,Esquire JRK/emb cc: Mr. Robert Shea 22 Hardy Street, Salem,Massachusetts Page 1 of From: KeiltyLaw@aol.com Save Address I Headers To : <bshea@momingglorybb.com> CC : Date : Thu, 6 May 2004 08:14:20 EDT Subject : 22 Hardy Street,Salem,Massachusetts Dear Bob: On Wednesday afternoon, I got a call from Cora LeBlanc who said that no way in hell can you block her driveway;that is her only way in and out d informed her that you did have the right to do so.in order to complete some work that you wanted done on your property and that you would inconvenience her for as short a time as possible. Her statement was"no way in hell can he block my driveway". I thanked her for her call and hung up. w John R. Keilty a Attorney at Law s 40 Lowell Street Peabody, MA 01960 Tel: (978)531-7900 Fax: (978)531-2479 E-Mail: Keiltylaw@aol.com Structural Response,LLC Phone:978-866-4249 30 Shedd Lane,Chelmsford,Ma 01824 Email:snelson@structumiresponse.com Structural Engineering Report Client: ZS Corporation 225 Foster Street Littleton, Ma 01460 Site Address: 22 Hardy Street Salem, Ma'O1970 S.R. Job # : 09031 Work Performed: Size new deck joists,check framing SN OF ygS SCOTi E NELSON 0 STRUCTURAL m No 41457 q 9 A N Date: Mar 15, 2009 Prepared By : Scott E.Nelson, P.E. Structural Engineer License#41457 Page I of 8 r Structural Response,LLC Phone:979-8664249 30 Shedd Lane,Chelmsford,Ma 01824 Email:snelson®stmcturaimsponse.com Assumptions & Design Criteria 1. Building Design Code Reference a. Massachusetts Commercial Building Code-71°Edition 2. Building Design Loads Used a. Dead Loads i. Deck Roof Framing -20 psf ii. Deck Floor Framing - 15 psf b. Live Loads(Per ASCE 07 and Mass Bldg Code 7'"Edition) i. Floor Loading -100 psf(see notes below) 1. Live load per Mass Code Table 1607.1 based on occupancy of deck. Actual occupancy well below 100 persons,100 psf used as conservative load assumption. 3. Design Criteria Used a. Deflection L Total Load Deflection -L/240 ii. Live Load Deflection -L/360 4. Specified Materials a. Misc.Members and Posts(if specified) i. Pressure Treated: Southern Yellow Pine#2 ii. Support Posts(P.T): Southern Yellow Pine#2 Page 2 of 8 JOB 6goll Structural Response, LLC SHEET NO 30 Shedd Lane Chelmsford, MA 01824 CALCULATED SY MTE 978-866.4249 CHECKED 0Y DATE r 40 .Suews +o &47 - G0abtAAlf tbllJ y7N-. res p .GJ11 t . ' .cul plRt 'a# -� Z�$ SYp , -0* ' VL AV a.F 13 PG- e lrw Ct o i� Tido: Job e Dsgnr: Data: 12 45PM. 15 MAR 09 ' DSacrtption Scope; 1 uw nWt,60:t0.iE vw.56e.,5.kn?a1Y General Thriber Beam Page 1 r ,e,+�f}`U'&NEnC4C Fagi�vq 5gt+�a+x +�W7e w•wCaleu,ruxr 1 rxllrrrrrrrr I�Illa Description [Beam AJ Typioal Deck Joist General intormatlon Code Ref:199712001 NDS.2000/2003 IBC,2003 NFPA$000.Base allowabies are user defined tx�n��xur Irr a mmrxlrrr Section Name 2x8 Center Span 9,000 .,,.,W 0404 Beam Width 1,500 In Left Cantilever 0 _,.,Lu 0.00 R Seam Depth 7.250 in Right Cantilever R ..,Lu 0.00(1 Member Type ManuOSo.Pins Southam Pine,No.2 Dense 2.4 Thick,8 Fb Base Allow 1,400,0 pat Load Dur.factor 1,150 Fit Allow 175.0 psi Beam End Fixity Pin-Pin Fc Allow 660.0 pat Repetitive Member E 1,700.0ksi Full Length Uniform Loads Center OL 271000M LL 134.00 lift Left Cantilever DL alR LL pelt Right Cantilever DL gift U. #/R Summary _ Beam Design OK Spans 9.00R,Beam Width e.1.600in x Depth=7,25in.Ends are Pin.Pin Max Stress Ratio 0.604 1 1 Maximum Moment 1.6 ICA Maximum Shear' 1„5 0.9 k Allowable 2.0 R-0 Allowable 2.2 k Max.Positive Moment 1.63 k.ft at 4.500 R Shear. Left 0.72k Max,Negative moment 0.00k•ft at 9.000 it 8 Right 0.72k Max a Leh Support 0,00 k•ft Camber, 0 Loft 0.000in MaxQ Right Support 0.00 kdt 10 Center 0,0740 Max.M allow 2.03 Reactions.. @ Right 0,000In M 1,486.63 psi N 87,14 psi Loft Di. 0.12 k Max 0.72k FO 1,851.50 psi Fv 201.25psi Right OL 0.t2 k Max 0.72 it i Deflections w Cantor Span... Dead Loyd I91@.I Lord Left Cantilever... Total Deflection -0.049 in -0.203 in Deflection 0.000 in 0.000 In ...Location 4,5004 4.500ft ...Lenglhoe6 0.0 0.0 ...Lensm1W 2,194.3 367.98 RightCanglover,.. Camber(using 1.5•D.L.Dell I... Deflection 0,000 in 0.000 in 0 Center 0.074 In ,..LengthlDeN 0.0 0.0 a Leh 0,000 in ®Right 0.000 in Stress C9ics rr��-mrarrrxrrlrri BanAnalysis Analyss Ck 26353 Le 0.0000 So 13,1411n3 Area 10.076 IQ Cf 1.000 Rb 0.000 CI 724.500 Max Moment Sxx Read Allowable fb (Q Center 1.63.k-R 10,57 in3 1.851.50 psi ®Left.Support 0.00 k-R. 040 in3 1,851.50 psi Right Support 0.00 k•R 0.00 in3 1.851,50 psi Show Analysis Left Support ®Right Support Design Shear 0.95 it 0.95 IS Area Requires 4.709 In2 4.709 int Fw Allowable 201.25 psi 201.25 psi Bearing(R Supports Max,Left Reaction 0.72 k Bearing Length RaWal 0,732 In Max.Right Reaction 0.72 k Soaring Length Req'o 0.732 in Page 4 of 8 SOD RD31 2sC Structural Response, LLC sN�Two, o� 30 Shedd Lane Chelmsford,MA 01824 CALCULAIEDBT �N DATE 978.866.4249 CMLI:KE99Y. DALE SCALE USG Z-l�9's 4a cse-`be1o.�•� , FOS � IDT' � 4 .•....++—..-..� e *AAA, - dee C.4&4 r r NSG -Zx$g >9—�r "UP f _,�splb cot •'la . i��. U Zr2x� - - ., . .� _ -... "` we 7aS� ?' la"0 L t�, wo ILI PGS J wl o%$6- 1J z ov) zof;5r taw-?) = r� &) lvasr o xr Title; Job m Osgnr. Dale: 12 45PM. 15 MAR 09 - Oescnptian Scope: u+a MVuCW7P+a V.50c, 151"v -a'o; F.0FACAtc FG@h@t'a{ -$1/1"tb@I` BeamPege 1 .+GI' 'u smt0 eDWt++s...Cauwawn r ♦ I��R�IIrRFIInrI�IIAIIlY�11111M �IIRRRYI111111� Description [Beam Bj Header at stair opening General Information Code Rei:/9974001 NDS,20=003180,2003 NFPA$000.Base allmvablas are user defined r nm Section Name 2.2x8 Center Span 9.00 it ......Lu O.00 ft Beam Width 3_00s In Left Cantilever 0 .....Lu 0.00 ft Beam Depth 7.250 in Right Cantilever R _-Lu,,Lu 0.00 A Member Type ManuflSo.pine Southern Pine,No.2 Dense 2.4 Thick..8 Fb Base Allow 1,400.0 PSI Load Our.Factor 1.150 Fv Allow 175.0 psi Beam End Fixity Pon-Pin Fe Allow 600.0 psi Repetitive Member E 1,700Ak10 Full Length Uniform Loads I�RRRRRI�I��®oI��R1IRRYRIRI RII�lI�RRIR IR�IRR�tliRIRIRfY11RRAa Center OL. 60.0001ft LL 300.00 #M Left Cantilever DL elft LL drft Right Cantilever DL dttt LL drift Summary Beam Design OK Spam 9.00ft,Beam Width=3.0001n x Depth=7.251n,Ends are Pin-Pin Max Stress Ratio 0.899 : 1 Maximum Moment 3.6 k-R Maximum Shear` 1.5 2.1 k Allowable 4,1 k-6 Allowable 4.4 it Max,Positive Moment 3.64 k.ft at 4.500 0 Shear: @ Left 1.62 k Max,Negative Moment 0.00 k-ft at 9.000 ft @ Right 1.62 k Max @ Left Support 0.00 K-fi Camber. a Left O.000in Max @ Right Support 0.00 k-ft @ Center 0.0621n Max,M allow 4.08Reactions... @ Right 0.000in ib 1,664.30 psi tv 97.42 psi Left OL 0.27 k Max 1.62 k Fb 1,851.50 PSI Fv 201.25 psi Right DL 0.27 k Max 1.62 k Deflections Center8pan... Dead Tefal Load Left Cantilever... Dead Load Total Deflection .0.055 in .0.328 in Defection 0.000 in 0.000 In ...Location 4.500 0 4.500 ft ...LengthlOefl 0.0 0.0 ...Length/Doll 1,974.9 329.14 Right Cantilever... Comber(using 1.6•D.L.Dail)... Deflection 0.000 in 0.000 in @ Center 0.082 in ...LengtNDefl OA 0.0 ®Left 0.000 in @ Right 0.00010 Stress Cafes 1 I IIIY/I�IRtI1�lO Bending Analysis Ck 28.353 Le 0.0000 Sxx 26,281 in3 Area 21.750 fit Cf 1.000 Rb 0.000 CI 1619.999 M94 momen Sxx B11" Aaowable fb @ Center 3.64 k-ft 23.62 in3 1.851.50 psi ®Left Support 0.00 k-ft 0.00 03 1,851.50 psi ®Right Support 0.00 11•8. 0.00 in3 1.851.50 psi Shear Anslysis @ Left Support ®Right Support Design Shear 2.12 k 2.12 k Area Required 10.529 int 10.529 int Fv:Allowable 201.25 psi 201.25 psi Bearing @ Supports Max.Lett Reaction 1,62 k Bearing Length Req'd 0,818 in Max.Right Reaction 1.62 It Bearing Length ReWd 0.818 In Page 6 of 8 Title: Job 0 Osgnr: Date: 12 45PM, 15 MAR 09 Description Scope: UW 1,WM03M VV5a0 TaW+2wrlett®ralTimber Beam Y._. - — - - Page 9 ' 4:.IsasxnlcnesG+ucenv�M,.gaan :n G&4a+uccv G�w4rtml wwrr�ll®wwwlwl Description [Beam Cl Deck Joist at stair opening General Information Code Rel:1997=1 NDS,200012003 IBC.2003 NFPA 5000.Base allowables ars user defined r rw�www�wlwwlww■ �www�lwwlwwr■ MMMO" Section Name 2.2x8 Center Span 8.008 _. ,Lu 0.008 Beam Width 3.000 in Left Cantilever 8 .,..,W 0.00 it Beam Depth 7.250 in Right Cantilever It ..,W 0.00 R Member Type Sawn Southern Pine,No,2 Donse 2.4 Thick,8 Fb Base Allow 1,400.0 psi Load Dur.Factor 1.150 Fv Allow 175.0 psi Seem End Fixity Pin-pin FG Ailow 860,0psi Repetitive Member E 1,700.0k3i Full Length Uniform Loads - uw�lwll■w■w■■■uwr■r■rw■�wr■wlwwww�w�w�ww�n nnu■wl�lwww■wlr�l�� Center OL 13.00#10 LL 67,00 SM Left Cantilever DL gift LL 418 Right Cantilever OL gift LL eat _Trapeaoldai toads __._ �� . ww■Iw■wl■■�■ II■I I wl■IUII■www■i 01 DL @ Lef 13.00 elft LL Left 67.00 #is Stan Lee 3.000 4 DL a Right 13.00 pin LL Right 67.00 #18 End Lee 9,000 R Point LoadsDead - ■ Ir��wwwwwwwn Load 270.0165 Nit Ills lbs Its les the Live Load 1,350.0 its lbs Ibs lbs itis lbs his ...distance 3.000 R 0.000 8 0.000 8 0.000 0 0.000 8 0.000 8 010004 Summary - Overstressed in Sanding t Spam;9.000,Beam Width a 3.000in x -7, nd5 are Pin--Rn ei Wit, Max Stress Ratio 093 Maximum Moment 4.4 k-h Maximum Shear1,5 2.3 k Allowable 4.1 k•R Allowable 4.4 k Max.Positive Moment 4.43*.R at 3.0240 Shear. @ Left 1.60k Max.Negative Moment -0.00 k-11 at 9.000 a @ Right 1.22 k Max @ Left Support 0,00 k•ft Camber, @ Left 0,000in Max @ Right Support OAO k-ft Q Center 0.087in Max..M allow 4A5 Reactions.... @ Right 0.000in N 2,024.43 psi tv 107,17 psi Lep DL 0.26 it Max 1.600 Fb 1,851.50 psi Fv 201.25 pal Right DL 0.200 Max L220 Deflections ■IIS■■url■rr■ — — Center Span... Oead Land Tolal Lgild Left Contilover... peed LoadTotal Load DeOection -0.058 in -0.363 in Deflection 0,000 In 0.000 in ,..Location 4.2648 4,2848 _.LengthtDag 0.0 0.0 ...LengtlVDeO 1,854.7 306.33 Right Cantilever... Camber(using 1.6'D.L.Defy... Deflection 0.000 in 0.000 in Canier o.o87 in "AilingthiDaS 0,0 0.0 Left O.00D in Q Right 0,000 in Page 7 of 8 QUO: Job Osgnr: Date: 12:45PM, 15 MAR 09 Doscripllon Scope: Vw KWU013lL Vee 3@0 i3,Iu,n.+ltpi General Timber Beam Page 2 ■■ I. lWSXOTerreacacEltal", MSM.W. 1Y C1hML! ■ YI��I7��Y��IAYOI IIIIIYY�IIYYY�YY��YIrrllllrA♦�Yr D6scripdan [beam Cj Deck Joist at stair opening Stress Coles �Y■ ■ Bending Analysis Ck. 26.353 Le 0.0004 Sxx 26.2611n3 Area 21.750 int C1 1.000 Rb 0.000 CI 1600.000 Max Mgmen Sxx Ramd A I wabla @ Center 4.43 01 28.74 1n3 1,851.50 psi Left Support 0.00 k-ft 0.00 in3 1,851.50 psi Right support 0.00 k•fl 0.00[n3 1,851.50 psi Shear Analysis 0 Left support Right Support Design Shear 2.33 it 1,69 k Area Required 11.682 in2 6.406 Int Fv:Allowable 201;25 psi 201.25 psi Bearing @ Supporta Max.Left Reaction 1.60 k Bearing Length ReWd 0.808 In Max.Right Reaction 1.22.k Hearing Length Req'd 0.618 in Page 8 of 8