Loading...
16 HERSEY STREET - BUILDING INSPECTION 16 HERSET STREET �4 0 f Ire o� y`� O ? TO THE RULES AND REGULATIONS OF THE - --�—�L REGISTERS OF DEEDS OF THE COMMONWEALTH y � _ m �K I OF MASSACHUSETTS . r ' OF - '—" STEPHEN T. LaMONICA S.I.T. APPROVAL UNDER ` SUBDIVISION LOCUS MAP CONTROL LAW NOT REQUIRED SALEM PLANNING BOARD Margaret Alice M . Auger Roger J. Theresa L. Bertrand G. & Rachel M.. EeFrancesCo Dionne Cote 50. 0050. 00' CHAIRMAN DATE REFERENCE Joh t_. �a 1 E: 1 ise Edward . F. _Assessors Map 33 Parcel 13 LOT 192 - _ purnai� LOT 194 _-uncia `Ni.Garter i _ _ = Bk 76: 1 tag 83 ,area = 4900 SF Area 4900 SF PLAN REFERENCE : _ T1I11 IT, , Bk 1438 / End 4_ RECORD OWNER : Michael J. Diane 0D R hat i gan PROPOSED 2 STORY Cd 2 STORY DWELLING 0) DWELLING 2 FAMILY NO_3+ FAMILY NO. 30 �L. - 10, 16± NO. 28 L _ rq 15, L j 50. 00 ' 50.00 IIt s FND - TO CANAL ST. FND) Spk I.P' FOREST AVENUE sueDlvlsloN i PLAN OF LAND For Registry Use Only LOCATED IN zowE R-2 SALEM , MASS. LOT AREA 15,000 SF PREPARED BY 1.... .. ... IAT WIDTH 100 FT EASTERN LAND SURVEY ASSOCIATES, INC. - - -- - — — - --- 1 FONT YARD 15 FT CHRISTOPHER R. MEL1-0 P .I .S. , . T -- 4- COMPLETE1MPLETE THIS SECTION ON DELIVERY ■ Complete Items 1,2,and 3.Also complete A. Signature item 4 If Restricted Delivery Is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Pouted Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from Item 11 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No ke 01 [ / 6 3. Service Type ❑Certified Mail ❑Express Mail 0 Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑vas 2. Article Number - (transfer from service label) v PS Form 3811,February 2004 Domestic Return Receipt 102595-02-m-1540 g CITYOF SALEM, MASSACXUSETTI s � BUILDING INSPECTOR il III I 120 WASHINGTON STREET, 3RD FLOOR' !1 SALEM, MASSACHUSETTS 01970 folI .t 1 h.. 3- � � e', 1� � .' . ➢o v UNJTFD / r _ Na � Ao lsp 2nd C)Rdxn#AAGtM o -_ o 0 02nd N0900 i �t@illfl9 4 S9em NAOMM I r CITY OF SALEM PUBLIC PROPERTY \oB � DEPARTMENT �aauuau.¢v uiusa n.i. Alwoa 120 AY4xsi Imeri m SreiMASS aaie<rrrs 01970 Iia:978-745-9595 14vs-978-740-9846 December 10, 2007 Ana Sanchez Unit # 3 16 Hersey Street Salem, MA 01970 RE: Properties at 16 Hersey and 10 Dearborn Sts. Dear Ms. Sanchez; I was called yesterday to 10 Dearborn Street by our Health Department to investigate a complaint of an illegal rooming house being operated at this address. Upon entry, I was witness to three rooms that are being rented by you as separate entities, and two apartments. As the allowable use for this property is a 2 unit building, these 3 rental room units exceed the allowable use, and due to the nature of these being only rooms with use of a bathroom, creates an illegal rooming house. This use must Cease and Desist immediately, the current tenants must be removed from these premises and placed in a suitable housing environment at your expense, until they can relocate. Further, I was given the your address as it is listed above, this is disconcerting in and of the fact that the property at 16 Hersey street is also only a 2 unit structure. We dealt with this during the month of November of 2005. At that time a Violation Letter was sent to you and as a result of that an Inspection was conducted. At the end of that inspection it was concluded that this space could be used in conjunction with (as part of) the second floor apartment; not as a stand alone unit. You agreed that this use would not be a separate apartment. Now, I have a copy of City paperwork in which you describe your address as a third unit at 16 Hersey Street, in violation of both Code and Ordinance. This use must also Cease and Desist, and now, I must invoke Section 106 of the State Building Code (780 CMR) and require that both of these properties be subject to an Inspection to determine the current use of each structure. If you have questions regarding this matter, please call me at (978) 745- 9595, ext. 5643. Sin rely, L o ph E. Barbe Jr. Assistant Building Inspector/ Local Inspector CC: file, Health Dept., Fire Prevention, Mayor's Office, Councilors Veno and Prevey CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA O1970 ' TEL. 978-741 ^ Fax 978-745-00 USovlcz, JR. 34343 � /V�"A_/l�(/1� JOANNE SCOTT, MPH, RS, CHO >MAYOR HEALTH AGENT 3 i APPLICATION FOR CERTIFICATE OF FITNESS IN ACCORDANCE WITH STATE SANITARY CODE, CHAPTER II, 105 CMR 410.000 "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION". PROPERTY LOCATED AT/6 PLA4 &)A N S7 UNIT#—Z IS THIS UNIT DESIGNATED AS HIGHT LEFT FRONT BACK PLEASE CIRCLE ONE OWNS ESSER�J � 9 AJO �� MANAGER/AGENT Box No P.O. Box ADDRESS /6 f/E � T FADDRESS CITYA I-4-Al CITY RESIDENCEPHON ku) � 2�BUSINESS PHONE BUSINESS PHON -2K7d TOTAL NUMBER OF ROOMS: 6' I ROOM USE: 1�I v 2. 3c �ocVy 4. 5. J 6.(Tja fJ 7.. 8. THERE IS A TWENTY-FIVE($25.00) OLLAR FEE, PAYABLE BY CHECK OR MONEY ORDER TO THE CITY OF;SALEM HEALTH- EPARTMENT THIS FEE IS PAYABLE AT THE TIME OF INSPECTION. j APPLICANTS SIGNATURE DATE O� INSPECTORS USE ONLY DATE OF INITIAL INSPECTION v 4f DATE OF REINSPECTION DATE OF ISSUANCE OF CERTIFICATE:/- `f -o G DATE FEE PAID: TYPE OF UNIT: DWELL INGi%_OTHER_ CHECK # :S CHECK DATE NOTES: CODE ENFORCEMENT INSPECTOR 9/28/98 r ' CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT o' 120 WASHINGTON STREET, 3RO FLOOR NS SALEM, MASSACHUSETTS 01970 STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 VIOLATION NOTICE PROPERTY LOCATION 16 HERSEY STREET r--dctober 31, 2005 y Ana Luisa Sanchez 16 Hersey Street Salem, MA 01970 Dear Ms. Sanchez; The above listed property has been found to be in violation of the following State Codes and/or City Ordinances: 780 CMR, State Building Code, Section 118, makes it unlawful to change the occupancy of any building, this is punishable by a fine of not more than $1000 per violation, or 1 year imprisonment, or both; each day during which a violation exists constitutes a separate offense. You are hereby ordered to cease and desist from using the 3rd floor of this structure as a separate dwelling unit, to dismantle completely the kitchen on the third floor, and provide proof of the same through proper permitting and inspection. Said violations must begin to be corrected, repaired, and/or brought into compliance within 2 days of your receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. As this is the second letter concerning this violation, no further courtesies will be extended, file the proper applications for the permits and commence the dismantling of this unit within the next week, or face immediate court action. If you have any questions regarding this letter, please contact the Building Inspectors Office at(978) 745-9595, extension 386. Sincerely, L � o eph E. Barbeau, Jr. As Building Inspector CC: file, Mayor's Office, Health, Fire Prevention, Councilor Veno CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR ��MINB{ SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 REQUIRED INSPECTION PROPERTY LOCATION 16 HERSEY STREET rAugust 18, 2005 Ana Luisa Sanchez 16 Hersey Street Salem, MA 01970 Dear Ms. Sanchez; The above referenced property has come to the attention of this department for the following reason(s): Illegal use of the third floor as a separate dwelling unit. Violation of CMR 780 Section 118, of the Massachusetts State Building Code. Under the provisions of 780 CMR, Section 115.6, State Building Code, access to this property must be granted for the purposes of inspection. Please call this office upon receipt of this letter to schedule this required inspection. If this property has rental units, these tenants must be notified in advance of this inspection, so that access to these spaces may also be accomplished. This inspection must be completed on or before September 2, 2005; failure to respond to this notification will be construed as non-compliance, and as such an Administrative Search Warrant will be sought, so as to allow the lawful inspection of this property. If you have any further questions regarding this letter, please call this office at (978) 745-9595, extension 386. Sincerely, Joseph E. Barbea , Jr. Assistrant Building Inspector CC: file, Mayor's Office, Councilor Veno, Fire CITY OF SALEM a,tfjs'` PUBLIC PROPERTY DEPARTMENT KINIHI KIA) DRISCOLL OR 120 ACSASi un<<.ION Srer:p:r# ti.\i.rni,NInssnau>rrrrs 01970 '1:1-078-745-9595 ♦ I�nx 978-740-9840 December 10, 2007 Ana Sanchez *4rr49a Unit # 3 16 Hersey Street Salem, MA 01970 RE: Properties at 16 Hersey and 10 Dearborn Sts. Dear Ms. Sanchez; I was called yesterday to 10 Dearborn Street by our Health Department to investigate a complaint of an illegal rooming house being operated at this address. Upon entry, I was witness to three rooms that are being rented by you as separate entities, and two apartments. As the allowable use for this property is a 2 unit building, these 3 rental room units exceed the allowable use, and due to the nature of these being only rooms with use of a bathroom, creates an illegal rooming house. This use must Cease and Desist immediately, the current tenants must be removed from these premises and placed in a suitable housing environment at your expense, until they can relocate. Further, I was given the your address as it is listed above, this is disconcerting in and of the fact that the property at 16 Hersey street is also only a 2 unit structure. We dealt with this during the month of November of 2005. At that time a Violation Letter was sent to you and as a result of that an Inspection was conducted. At the end of that inspection it was concluded that this space could be used in conjunction with (as part of) the second floor apartment; not as a stand alone unit. You agreed that this use would not be a separate apartment. Now, I have a copy of City paperwork in which you describe your address as a third unit at 16 Hersey Street, in violation of both Code and Ordinance. This use must also Cease and Desist, and now, I must invoke Section 106 of the State Building Code (780 CMR) and require that both of these properties be subject to an Inspection to determine the current use of each structure. If you have questions regarding this matter, please call me at (978) 745- 9595, ext. 5643. Sin rely, o ph E. Barbe• Jr. Assistant Building Inspector/ Local Inspector CC: file, Health Dept., Fire Prevention, Mayor's Office, Councilors Veno and Prevey CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 ' TEL. 978-741-1800 ^ Fax 978-745-03430343 � ' w.+�/ {(/1_ USOVICZ, JR. V` MAYOR JOANNE SCOTT, MPH, RS, CHO - HEALTH AGENT 5 APPLICATION FOR CERTIFICATE OF FITNESS IN ACCORDANCE WITH STATE SANITARY CODE, CHAPTER II, 105 CMR 410.000 'MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION". PROPERTY LOCATED ATk PLAR 6)9 A) UNIT kZ IS THIS UNIT DESIGNATED AS HIGH LEFT FRONT 13ACK PLEASE CIRCLE ONE eWNE ESSER. A)C MANAGER/AGENT ADDRESS Xaa f/�y TT � NO P.O.Box / ADDRESS CITY_SA1­o�_/A I F)f t! cl CITYJ p RESIDENCE PHON k / /o2SBUSINESS PHONE (24 HRS.) BUSINESS PHON (�g) 72 s - YZ�r TOTAL NUMBER OF ROOMS: ROOM USE: 54AIL; Of i6ikL) T-8. THERE IS A TWENTY-FIVE($25.00) DOLLAR FEE, PAYABLE BY CHECK OR MONEY ORDER TO THE CITY OF SALEM H AL TH-QEPARTMENT THIS FEE IS PAYABLE AT THE TIME OF INSPECTION. /1 APPLICANTS SIGNATURE DATE INSPECTORS USE ONLY DATE OF INITIAL INSPECTION /- v 4" DATE OF REINSPECTION DATE OF ISSUANCE OF CERTIFICATE:/- `f -o L DATE FEE PAID:_4__ t__0 v TYPE OF UNIT: DWELLING'`' OTHER_ CHECK # S 5 CHECK DATE c G NOTES: CODE ENFORCEMENT INSPECTOR 9/28/98 C� CITY OF SALEM, MASSACHUSETTS 'r PUBLIC PROPERTY DEPARTMENT 0 120 WASHINGTON STREET, 3RD FLOOR ' 8 SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 VIOLATION NOTICE PROPERTY LOCATION 16 HERSEY STREET October 31, 2005 y Ana Luisa Sanchez 16 Hersey Street Salem, MA 01970 Dear Ms. Sanchez; The above listed property has been found to be in violation of the following State Codes and/or City Ordinances: 780 CMR, State Building Code, Section 118, makes it unlawful to change the occupancy of any building, this is punishable by a fine of not more than $1000 per violation, or I year imprisonment, or both; each day during which a violation exists constitutes a separate offense. You are hereby ordered to cease and desist from using the 3rd floor of this structure as a separate dwelling unit, to dismantle completely the kitchen on the third floor, and provide proof of the same through proper permitting and inspection. Said violations must begin to be corrected, repaired, and/or brought into compliance within 2 days of your receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. As this is the second letter conceming this violation, no further courtesies will be extended, file the proper applications for the permits and commence the dismantling of this unit within the next week, or face immediate court action. If you have any questions regarding this letter, please contact the Building Inspectors Office at (978) 745-9595, extension 386. Sincerely, 07 eph E. Barbeau, Jr. Assistant Building Inspector CC: file, Mayor's Office, Health, Fire Prevention, Councilor Veno CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT a IZO WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 koo REQUIRED INSPECTION PROPERTY LOCATION 16 HERSEY STREET August 18, 2005 Ana Luisa Sanchez 16 Hersey Street Salem, MA 01970 Dear Ms. Sanchez; The above referenced property has come to the attention of this department for the following reason(s): Illegal use of the third floor as a separate dwelling unit. Violation of CMR 780 , Section 118, of the Massachusetts State Building Code. Under the provisions of 780 CMR, Section 115.6, State Building Code, access to this property must be granted for the purposes of inspection. Please call this office upon receipt of this letter to schedule this required inspection. If this property has rental units, these tenants must be notified in advance of this inspection, so that access to these spaces may also be accomplished. This inspection must be completed on or before September 2, 2005; failure to respond to this notification will be construed as non-compliance, and as such an Administrative Search Warrant will be sought, so as to allow the lawful inspection of this property. If you have any further questions regarding this letter,please call this office at (978) 745-9595, extension 386. Sincerely, JosephE. 13arbea , Jr. Assistrant Building Inspector CC: file, Mayor's Office, Councilor Veno, Fire ¢oNo1T CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR 9��/MMB SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 June 3,2005 Maria Glavin 7 Kimberly Drive Danvers,MA 01923 Dear Ms. Glavin; I am in receipt of the two tenancy at will agreements signed by the occupants of both the fust and second floor apartments. These along with the completed inspection of the third floor, where I observed the removed kitchen area, complete the requirements to bring this property into compliance with it's proper use. I thank you for your cooperation in this matter, and for bringing this to a timely conclusion. I will call the District Court to discharge the current matter immediately. Further,please be advised that this is and must remain a two family residence, something that can only be changed by a decision of the Board of Appeal. If you have any further questions please call this office at(978) 745-9595 extension 386. Sincerely, ✓ s b E. Bar4beau,Jr. Assistant f Building Inspector Cc: file,District Court Magistrate i DATE:- v'`t O IN CONSIDERAZON FOR THE USE AND OCCUPANCY OF nS'ES KNOWN AS: C/L Lf >7xcr > APT.# _(AS IS),THE TENAW(Sy 'i I 5J �d r r�ss:,v Agrees to pay the snm of in advanno& The rant fircther Covenants to abide by the following c0nditi0 is as consideration for the use and occupancy oflhe premises. y. VttO 1.. TO MAINTAIN THE PREMISES.IN.A CLEAN.ANDSAFE AND3iEALTHFt}L CONDITION., 2: TO LIMIT THE N019 TO A LEVEL ACCEPTABLE TO The NEIGHBORS Ai1p OTHER TET(1NT5. I TO KEEP NO PETS ON THE PREMISES. 4, TO.ALLOW.THELANDLORD TOENTER.TO.EFFECTSUCH.REPAIRS OkSERVICES ASALAYBBLOIQ NECESSARY. 5. NO LOCKS TO BE CHANCED OR ADDED WITHOUT THE PERMISSION OF THE LANDLORD. G. APPROPRIATE HA"WAY AND STAIRS TO BE SWEPT CLEAN BY THE TENANT, 1 7. STOVE AND REFRIGERATOR IN THE APARTMENT,ARE MERELY LOANED TO THE TENANT,AND THE TENANT WILL BE RESPONSIBLE FOR THEIR MAINTENANCE 8. THE OCCUPANCY OF THEPRENUSES IS LIQ MDTO THE ABOVE NAMED-TENANT(S) AND. TENANT(S)SHALL NOT SUBLET ANY OR THE WHOLE OF TNB PREMISES,NOR ALLOW ANY.. OTHER PERSON TO OCCUPY THE SAME. 9. TOGIVF'TIM LANDLORD.THIRTY(30).DAYS.NOTICE,IN WRITING,OR INTENTION OFVACATTNG, RENT TQ BE PAID UP-TQ THE EXPIRATION OF THE NOTICE PERIOD, 10. TO ALLOW THE LANDLORD TO SHOW THE PREMISES DURING THE NOTICE PERIOD. 11, THE TENANTS)FURTHER AGREE TO DEPOSIT WITH THE LANDLORD THE SUM OF S /add Y AS SECURITY AG,ABVST UNWARRANTEDDAMAGE OR BREAKAGE QJELUDING GLASS WINDOWS,UNDERSTANDING THATTHE SUM IS INNO WAY TO BE CONSTRUED.AS RENT AND IS FULLY REFUNDABLE UPON THE VACATING OF THE PREMISES UNDAMAGED AND THE RETURN OF THE KEY AND APARTMENT TO THE LANDLORD FREE AND CLEAR OF ALL PERSONAL PROPERTY,TRASH,RUBBISH,AND DIRT. RENT TO BE PAID UP TO THE TIME THAT THE KEY IS RETURNED AND APARTMENT IS HANDED OVER TO THE LANDLORD, 12. A MINIMUM AMOUNT OFSM,00 FOR CLEANING UP WILL BE CHARGED AGAINST THE SECURITY DEPOSIT IF THERE IS ANY PERSONAL PROPERTY,TRASH,RUBBISH,OR DIRT LEFT ON THE i PREMISES AFTER THE TENANTS)VACATE THE PREMISES. 13, ACCEPTANCE OF THIS SECURITY DEPOSIT DOES NOT CONSTITUTE WAIVER OF TIM LANDLORDS'RIGHT TO SUE FOR THE COMPENSATION IN EXCESS OFTHE SECURITY DEPOSIT_14. NOTICE OF RENT INCREASES OR CHANGES SHALL NOT CONSTITUTE A DENIAL OF THE TERMS HEREIN STATED INSOFAR AS IT MODIFIES OR ALTERS EXISTING CONDITIONS. { 15. RENT WHICH IS DUE AND PAYABLE IN ADVANCE REMAINING UNPAID FOR RESULT IN MAEDIATE EVICTION. SEVEN(7)DAYS WILL .. 16. MODIFICATION OF ANY OR ALL OF THE ABOVE TERMS OR CONDITIONS IS ALLOWED ONLY BY WRITTEN NOTICE BY THE LANDLORD OR LANDLORDS'FAILURE TO TAKE ACTION AGAINST ANY VIOLATION OF THE AGREEp TERMS AND CONDITIONS OF TENANCY SHALL IN NO WAY CONSTITUTE A WAIVER OF H[S RIGHT TO TAKE.ACTION AT A LATER DATE FOR THE SAME OR OTHER VIOLATIONS. PLANDL0RD(S)__,A/,q,,,,, ignahtre,I acknowledge acceptance of the above terms and conditions and a receipt of a valid copy enancy At Will Agreement. 4J�/ r O.r✓7: RENT WILL BE DUES /S PAYAW-kl `VAria,Glavlrk(Iandlord)979-774.5260. i r i h I , �0iZ0'd TELT 006T-L0-H3d I . I I hijf i,. :';paha •i,, .•gyp ippt<�"a+ i g ��Z`'v'y °1 �.,�' �7•`;I. DATE: iRova IN CONSIDERATION FOR THE USE AND OCCUPANCY OFPREMISES KNOWN AS: �Se f7X c APT.#___ (AS IS),THE TENANT($); , Agrees to pay the sum of$ pe mpn in advance, The tenimt fi Covenants to abide by the following conditions as consideration for the use and occupancy of the promises. I. TO MAINTAIN THE PREMISESW A CLEAN AND SAFE AND HEALTHFUL CONDITION. 2. TO LIMIT THE NOISE TO A LEVEL ACCEPTABLE TO THE 14EIGHBORS AND OTHER TEN ANTS. 3_ TO KEEP NO PETS ON THF�PREMISES. i 4. TO ALLOW THE LANDLORD TO ENTER,TO EFFECT SUCH REPAIRS OR SERVICES AS MAY BECOME NECESSARY. 5, NO LOCKS TO BE CHANGED OR ADDED WITHOUT THE PERMISSION OF THE LANDLORD, 6. APPROPRIATE HALLWAY AND STAIRS TO BE SWEPT CLEAN BY THE TENANT. 7, STOVE AND REFRIGERATOR IN THE APARTMENT,ARE MERELY LOANED TO THE TENANT,AND THE TENANT WILL BE RESPONS FOR 3. THE OCCUPANCY OF THE PREMISES LIMITED TO THE ABOVE NAMED TENANT(S)�C i�LY ANb TENANT(S)SHALL NOT SUBLET ANY OR THE WHOLE OF THE PREMISES,NOR ALLOW ANY OTHER PERSON TO OCCUPY THE SAME. RENT TO BE PAID UP TO THE EXPIRATION OF THE NOTICE PERIOD. 9. TO GIVE THE LANDLORD THIRTY(30)DAYS NOTICE,IN WRITING,OR INTENTION OF VACATING. 10. TO ALLOW THE LANDLORD TO SHOW THE PREMISES DURING THE NOTICE PERIOD. 11, THE TENANT(S)FURTHER AGREE TO DEPOSIT WITH THE LANDLORD THE SUM OF $-d- -AS SECURITY AGAINST UNWARRANTED DAMAGE OR BREAKAGE INCLUDING GLASS WINDOWS,UNDERSTANDING THAT THE SUM IS IN NO WAY TO BE CONSTRUED AS RENT AND IS FULLY REFUNDABLE UPON THE VACATING OF THE PREMISES UNDAMAGED AND THE RETURN OF THE KEY AND APARTMENT TO THE LANDLORD FREE AND CLEAR OF AU PERSONAL PROPERTY,TRASH,RUBBISH,AO DIRT. RENT TO BE PAID UP TO THE TIME THAT THE KEY IS RETURNED AND APARTMENT IS HANDED OVER TO THE LANDLORD. 12. A MINIMUM AMOUNT OF$50.00 FOR CLEANING UP WILL BE CHARGED AGAINST THE SECURITY DEPOSIT IF THERE IS ANY PERSONAL PROPERTY,TRASH,RUBBISH,OR DIRT LEFT ON THE REMISES AFTER THE TENANTS)VACATE THE PREMISES. 13. ACCEPTANCE OF THIS SECURITY DEPOSIT DOES NOT CONSTITUTE A WAIVER OF THE ANDLOCOMPENSATION IN EXCESS OF THE SECURITY DEPOSIT, 14. NOTICE AF RENT INCREASES OR CS,FIGHT TO SUE FOR THE NGES SHALL NOT CONSTITUTE A DENIAL OF THE TERMS HEREIN STATED INSOFAR AS T MODIFIES OR ALTERS EXISTING CONDITIONS. 15. RENT WHICH IS DUE AND PAYABLE IN ADVANCE REMAINING UNPAID FOR SEVEN(7)DAYS WILL RESULT IN IMMEDIATE EVICTION_ 16. MODIFICATION OF ANY OR ALL OF THE ABOVE TERMS OR CONDITIONS IS ALLOWED ONLY BY WRITTEN NOTICE BY THE LANDLORD OR LANDLORDS'FAILURE TO TAKEANCY S ACTION AGAINST ANY VIOLATION OF NOWAY CONSTITUTE A THE OF HIAGREED S RRIIGHT p TAKE ACONS OF TION ATEA LATER,pp�IN THE SAME OR OTHER VIOLATIONS. By my signature,I acknowledge acceptance o£the above terms and conditions and a receipt of a valid copy of this Tenancy At Will Agree nt. I ' TENANT(S): LANDLORD(S): 77/'- ,5—C;66 RENTWIL,LBEDUE: _STARTING:_ PAYABLE TO: Maria Glavin(Landlord)978-774-5260 � f 11 1 £0i£0'd TELT 00GT-L0-93d __ i Cnitg of #ttllern, fittssac4usEtts Public Propertg Department Nuilbing Department (9ne Salam (Sreen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 12 , 1997 Maria Glavin 16 Hersey Street Salem, Mass . 01970 RE : 16 Hersey Street Dear Maria: On April 16 , 1997 you petitioned the City of Salem Board of Appeals for a Special Permit to enlarge a two ( 2 ) family dwelling into a three ( 3 ) family dwelling. The Board denied said request . On November 12 , 1997 , I received a complaint that the structure at 16 Hersey Street is still being utilized as a three ( 3 ) family dwelling unit . You must cease & desist utilizing this property as a three (3 ) family at once . Please contact this office upon receipt of this letter to advise us as of your course of action in this matter . Failure to do so within fifteen ( 15 ) days will result in court action being taken against you. Thank you in advance for your anticipated cooperation in this matter . Sinceerrely, u Leo E . Trembla7nt Zoning Enforcem, Officer LET: scm cc : Councillor Kelley, Ward 5 3 Tito of #UUM, massac4usletts tlutrlit Vropertg Bepartment Nuilding Department (One #alem (green 508-745-9595 ;Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 1 , 1997 David & Maria Glavin 16 Hersey Street Salem, Mass . 01970 RE : 3rd Tenement Dear Mr . & Mrs . Glavin: First you must vacate the illegal apartment and call me when it is vacated to inspect . At which time you can contact the assessors office and notify them that you have a legal two family dwelling and not a three unit dwelling and they will adjust your taxes to your legal two ( 2 ) family dwelling. If you should have any further questions concerning this or any other matter , please do not hesitate to call . Sincerely, Y/1-officer Leo E . TremblaZoning Enforceme LET: scm David& Maria Glavin 16 Hersey Street Salem,MA 01970 November 23, 1997 Leo E. Tremblay CITY OF SALEM,MASSACHUSETTS Building Department One Salem Green Salem,MA 01970 Dear Leo: Per our telephone conversation on November 16, and your letter of November 12, 1997 regarding our third floor structure at 16 Hersey Street,I have informed the tenants to vacate,and they are currently in the process of looking for another apartment. Also,we are currently paying city taxes for our property as a three family dwelling,and I do not believe that we should continue to do this. Please let me know what I can do to resolve this. Sincerely, David& Maria Glavin, Landlords, 16 Hersey St. cc: M. Whitcomb,tenant T.O'Brien,tenant ' - - - ,� _� ' � �� 6- OtLj of 1kilmm, Massar4u,setts Public Propertg lgepurtment Nuilbing Department Mne dalem Green 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 12 , 1997 Maria Glavin 16 Hersey Street Salem, Mass . 01970 RE : 16 Hersey Street Dear Maria: On April 16 , 1997 you petitioned the City of Salem Board of Appeals for a Special Permit to enlarge a two ( 2 ) family dwelling into a three (3 ) family dwelling. The Board denied said request . On November 12 , 1997 , I received a complaint that the structure at 16 Hersey Street is still being utilized as a three ( 3 ) family dwelling unit . You must cease & desist utilizing this property as a three ( 3 ) family at once . Please contact this office upon receipt of this letter to advise us as of your course of action in this matter . Failure to do so within fifteen ( 15 ) days will result in court action being taken against you . Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E . Tremblay Zoning Enforcem nt Officer LET: scm cc : Councillor Kelley, Ward 5 3 Cnitg of #Ulem, massar4usetts l r'o Public Propertg i9epartment Nuilhing i9epartment (One dalrm (6rren 508-745-9595 ;Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 1 , 1997 David & Maria Glavin 16 Hersey Street Salem, Mass . 01970 RE : 3rd Tenement Dear Mr . & Mrs . Glavin: First you must vacate the illegal apartment and call me when it is vacated to inspect . At which time you can contact the assessors office and notify them that you have a legal two family dwelling and not a three unit dwelling and they will adjust your taxes to your legal two ( 2 ) family dwelling. If you should have any further questions concerning this or any other matter, please do not hesitate to call . Sincerely, -`1 Leo E . Tremblay Zoning Enforceme Of, LET: scm 0 CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT .9 M 120 WASHINGTON STREET, 3RD FLOOR ^�Y SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 March 3, 2005 Maria Glavin 7 Kimberly Drive Danvers, Ma. 01923 RE: 16 Hersey Street Dear Owner: This Department has received and investigated complaints that your property is being used as a rooming house. City of Salem restricts more than three unrelated individuals living in one unit. Furthermore a rooming house would require a License and have sprinkler requirements. Per the State Building Code 780 CMR, section 115.6, you are directed to contact this office within 10 days upon receipt of this letter to arrange for an inspection of the property. Please have all areas available for inspection. If you feel you are aggrieved by this order, your appeal is through the Board of Building Regulations and Standards in Boston. Singly, Thomas St. Pierre Building Commissioner Zoning Enforcement Officer cc: Kate Sullivan, Mayors Office (fit" of ,�ttlem, ��3Httssttcljusetts 364 s nary of �vpeal CLiY O#' Lfy MASS C t I-Pa" fit Farr DECISION ON THE PETITION OF DAVID &_MARIA,GLAVIN_REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT $6 HERSEY`STREET � (R-2) A hearing on this petition was held April 16, 1997 with the following Board Members present: Gary Barrett Chairman, Nina Cohen, Joseph Ywuc, Richard Dionne 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 is requesting a Special Permit to enlarge a legal two (2) family dwelling into a three (3) family dwelling for the property located at 16 Hersey Street (R-2) . The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , 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 Sections 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after careful consideration of the evidence presented at the hearing and after viewing the plans, makes the following findings of fact: 1. The petitioner was represented by Attorney Muzio. 2. This property has been taxed as a three (3) family since 1986. 3. A number of abutters spoke in favor of the petition. 4. Councillor Kelley, Ward 5 spoke in opposition to the Special Permit, sighting lack of parking and congestion in the DECISION OF THE DAVID & MARIA GLAVIN REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 16 HERSEY STREET (R-2 ) page two neighborhood. Three immediate abutters also spoke in opposition citing lack of parking and congestion. 5. The petitioner requested to withdraw the Variance without prejudice. Peition's motion to withdraw the Variance was granted by the Board. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: 1. The Special Permit 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. 2. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety,convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted two (2) in favor, and three (3) in opposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. SPECIAL PERMIT DENIED ` " i� (5c M April 16, 1997 / )i,(�?�(e-, Richard Dionne Member, Board of Appeal 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 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 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 or Deeds and indexed under the name of tete owner of record or is recorded and noted on the owner's Certifical�e N of Title. CO o Cn N N 3 Tito of *alem, massar4usetts ! i'o Public Propertg Department Nuilbing Department (One *stem (6reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 26 , 1997 Thomas E . O ' Brian 16 Hersey Street Apartment #3 Salem, Mass . 01970 RE: 16 Hersey Street Dear Mr . O 'Brian: Per your request of our meeting on February 24 , 1997 , the following are the requirements necessary to obtain a Special Permit for the Salem Board of Appeals to enable to legalize a third unit at the above mentioned property. #1 . A plot plan or mortgage survey of the property must be submitted. #2 . A floor plan of the 3rd unit must be submitted . #3 . Five parking spaces must be made available or a variances requested from parking spaces required. #4 . Application cost will be approximately $260 . 00 Paper work can be filed at the building department located at One Salem Green. If you have additional questions , please feel free to call . Sincerely, i Leo E . Tremblay Zoning Enforcement Officer LET: scm DATE OF PERMIT PERMIT No. OWNER LOCATION R� 33/41 10/23/85 708 Keith A. Nadeau 16 Hersey St. STRUCTURE MATERIAL DIMENSIONS No.OF STORIES No.OF FAMILIES WARD COST Dwelling 3 I 2 17 I $10,000.00 BUILDER 10/23/85 Attic: One Bedroom & One Bath Permit #708 10/12/95 #542-95 Install vinyl siding. est. 6000. fee 41.M.M. BOARD OF APPEAL: 4/16/97 — DENIED- Special Permit to enlarge legal two (2) family dwelling to a three (3) family dwelling. (David & Maria Glavin) Cty of Salem ��ttss�zc(Iusetts 9 Q4.. POUrb of '�ktrpezd 4PR is C1ir C9' WAIFAl. NAS C(I RJi'S Gr FBCF DECISION ON THE PETITION OF DAVID a MARIA GLAVIN REQUESTING A SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 16 HERSEY STREET (R-2) A hearing on this petition was held April 16, 1997 with the following Board Members present: Gary Barrett Chairman, Nina Cohen, Joseph Ywuc, Richard Dionne and Arthur LeBrecque. Notice of the hearing was sent to abutters and others and notices of the hearingwere properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner is requesting a Special Permit to enlarge a legal two (2) family dwelling into a three (3) family dwelling for the property located at 16 Hersey Street (R-2) . The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section 5-3(j ) , 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 Sections 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after careful consideration of the evidence presented at the hearing and after viewing the plans, makes the following findings of fact: 1. The petitioner was represented by Attorney Muzio. 2. This property has been taxed as a three (3) family since 1986. 3. A number of abutters spoke in favor of the petition. 4. Councillor Kelley, Ward 5 spoke in Opposition to the Special Permit, sighting lack of parking and congestion in the DECISION OF THE DAVID DAT ARIA GLAVINSEY REQUESTRING A SPECIAL PERMIT FOR THE ATED page two neighborhood. Three immediate abutters also spoke in opposition citing lack of parking and congestion. 5. The petitioner requested to withdraw the Variance without prejudice. Peition's motion to withdraw the Variance was granted by the Board. on pOn the resentedS1thefthe BoardaofvAppeallngs of concludescas follows: evidence 1. The Special Permit 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. 2. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety,convenience and welfare of the City's inhabitants. in Therefore, the otodof the motion to gpeal rantwthe2reliefarequested. f to three ( in Opposition Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit is denied. SPECIAL PERMIT DENIED April 16, 1997 /�C,�11!A,_ Richard Dionne Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK if any, shall be made pursuant to Section Appeal from this decision, 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 n filede citor Clerkfthatsuc2appeal days have elapsed and no appealis in has been filed, that it has been or Deedsssed or andunderdthe namerofdtlg T the South Essex Registry N owner of record or is recorded and noted on the owner's Certific o of Title. a" CP oS � VP n= S N j N Titu of M*ttlem, massac4usetts Public Prupertg Department lliuilbing Department (One 6alem (6reen 500-745-9595 Fin. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 26, 1997 Thomas E. O'Brian 16 Hersey Street Apartment #3 Salem, Mass . 01970 RE : 16 Hersey Street Dear Mr. O 'Brian: Per your request of our meeting on February 24 , 1997 , the following are the requirements necessary to obtain a Special Permit for the Salem Board of Appeals to enable to legalize a third unit at the above mentioned property. #1 . A plot plan or mortgage survey of the property must be submitted. #2 . A floor plan of the 3rd unit must be submitted. #3 . Five parking spaces must be made available or a variances requested from parking spaces required. #4. Application cost will be approximately $260 . 00 Paper work can be filed at the building department located at One Salem Green. If you have additional questions , please feel free to call . Sincerely, Leo E . Tremblay Zoning Enforcement Officer LET: scm 0 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 March 3, 2005 Maria Glavin 7 Kimberly Drive Danvers, Ma. 01923 RE: 16 Hersey Street Dear Owner: This Department has received and investigated complaints that your property is being used as a rooming house. City of Salem restricts more than three unrelated individuals living in one unit. Furthermore a rooming house would require a License and have sprinkler requirements. Per the State Building Code 780 CMR, section 115.6, you are directed to contact this office within 10 days upon receipt of this letter to arrange for an inspection of the property. Please have all areas available for inspection. If you feel you are aggrieved by this order, your appeal is through the Board of Building Regulations and Standards in Boston. Singly, Thomas St. Pierre Building Commissioner Zoning Enforcement Officer cc: Kate Sullivan, Mayors Office i of �rleln, ttt� ttr Public Propeng 6epnrtment isuilbing i9epttrtment (Vne 381em Brern Leo E. Tremblay 509-745.!159.1 F0. 380 Director of Public Property Inspector of Building Zoning Enforcement Officer December 1 1997 David & Maria Glavin 16 Hersey Street Salem, Mass . 01970 t 1' RE: #' 3rd Tenement Dear Mr. & Mrs . Glavin : First you me when it must vacate the illegal contact the1S vacated to gal apartment and a legal assessors officepaea At which call and two family dwellin notif time you can they will g and y them that you have family dwellinga�ust your not a three u taxes to your lee unit dwelling If yououl (2) this then matter further questions °r anY other Please do not h-lonsencerning Sincerely, esitatcall . 1 � r Leo E. Tremblay � LET: scm Zoning Enforceme Officer David& Maria Glavin 16 Hersey Street Salem,MA 01970 November 23, 1997 Leo E.Tremblay CITY OF SALEM,MASSACHUSETTS Building Department One Salem Green Salem,MA 01970 Dear Leo: Per our telephone conversation on November 16, and your letter of November 12, 1997 regarding our third floor structure at 16 Hersey Street,I have informed the tenants to vacate,and they are currently in the process of looking for another apartment. Also,we are currently paying city taxes for our property as a three family dwelling,and I do not believe that we should continue to do this. Please let me know what I can do to resolve this. Sincerely, David& Maria Glavin, Landlords, 16 Hersey St. cc: M.Whitcomb,tenant T.O'Brien,tenant Otu of ��Irrn � 9 Volic fro �s$F[C �u$ett$ VuilaiugertQ �e�urtuteut 9 �e�AKmPtit Lep t�nr E• Tremblay sae- �strm (green of p 745 9595 >Fxt. 3B0 ublic Property Z o Pector of Building ging Enforcement Officer- 6 fficer6 ria Glavin November 12, 1997 ' Her SalemseY Street: RE; Mass . 01970 16 Hersey Str Dear Mar . eet Ia : BOardnofPrll 16 19 BoaT1Y dweljeals for a You Petit • d denied Saldnto a hreial Permdt tto C . Of sale Stru three �3e aton mb6 liar eq 997 e f3) family dwejjlgg a The (2) utilizing hMily dweli. Streetris eyved a c is pr0Perting unit. still be9mPlIngaint matteer r,lett: ltosadvon act th sao a three°(3jufam asel&Idedlthatasha result Failure se us as of Office upon Y at °nce, st Of. Than curt action bein othan °f- r°n eaptio in as In this matter In advance for taken againstlYouaaYs will r your sI anticiPated cooperation ncerely, LET: scm Zonin' Tremblay cc Councillor Kell g Enforcem. nt Officer eY, Ward 5