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117 LAFAYETTE STREET - BUILDING INSPECTION 117 TAFAYETTE STREET I ' I l 5!°"',�'e w�bio S B'o,, «� �� ` :� I CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT r� 120 WASHINGTON STREET,3m FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STTIERRE DIREcroR.OF PUBLIC PROPERTY/BUILDING COMMISSIONER Apfil IIo, o .O/y John Di Giorgio 117 Lafayette Street #212 Salem Ma. 01970 Dear Mr. Di Giorgio, This Department has produced a copy of a building card that states a Certificate of Occupancy was issued on 12/29/88 for all 63 units.This same document has been produced numerous times in the last several months. This occupancy permit was at the completion of permit# 639-88 which stated"Renovate Hotel for 63 units. Another permit was issued on 1/23/98 to update the kitchens and baths in 60 of the units' The Occupancy permit issued in 1988 is a permanent certificate. As long as no major changes take place , and no major construction takes place ,the Certificate of Occupancy is still valid. This Department does conduct a certificate of Inspection, as required by the State Building Code, on an annual basis and the current one is displayed in the common area of the building. It should be noted that the Certificate of Inspection is current through 8/19/2014. Regarding your claim that there are no Carbon Monoxide detectors in the apartments,you are correct. The Carbon Monoxide Detectors are located in the Boiler room,and in the common areas, are current and in good working order. This is allowed under the State Fire Code as an alternative code compliance. . You should also note that a Building only needs to meet the Building Code that was in effect at the time of construction. One would have to look at the Building Code when the building was constructed and again at the Code that was in place m1988 ,with the exceptions that would have been in place for existing buildings. It should also be noted that I issued a response to most of these same concerns to you and Mr. Chouinard in a letter dated 10/12/2012. I am enclosing this letter for your review. Tho�dS'St.Pierre Building Commissioner/Zoning Officer Building Commissioner INSPECTIONAL SERVICES April 14, 2014 City Hall annex OR (5 A Salem, MA By hand I Dear Mr. St. Pierre, I am John Di Giorgio of 117 Lafayette St.#212 in Salem. I have Court process coming up soon. I have been withholding my rent due to non compliance of the Building and Sanitary Codes in this building. I need certain public record questions answered as soon as possible. The questions are as follows: The landlord of the property, Caritas, has put forward a recent inspection for"Egress",a 1972 file card that claims the property is still a "rooming house", and a letter from you stating that the "egress" meets that part of the code. The question is: Do you agree with the landlord's claim that these documents constitute a valid and official State Certificate of Occupancy that is required under the Building Code, 780cmr 111.1? That an egress inspection is a substitute for all of the other systems like fire, electrical, ventilation, heating, structure and everything else? (see the three attachments) Do you claim that the building at 117 Lafayette is a Rooming House that does not have both kitchens and baths or that it is an apartment or Dwelling Place that does have kitchens? Which are you calling it? Is there any record that at any time the building has been inspected for compliance with the Building Code OTHER than these"egress" inspections? Can you provide copies of such inspection reports? Will you provide copies of any building permits regarding the installation of kitchens and baths into these former sleeping rooms? I would also like to request that you inspect the property for compliance regarding the insulation on the outside walls against cold and condensation and that you explain why there are no carbon monoxide detectors in the apartments? Fire Chief Cody refuses to answer the many request of myself and other tenants. I am reserving my right to name you as a Witness and naming the City of Salem as a Defendant in Counter Claim. I think it would be better if I could just get the documents from you as a matter of public record instead of dragging you into a court action. Phn y, Giorgio 117 Lafayette St. #212 Salem, MA 01970 Witnessed by: CITY OF SALEM, NWSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3m FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER October 1,2012 Charles Chouinard #303 John Di Georgio #212 117 Lafayette Street Salem, Ma. 01970 R.E Non-compliance Gentlemen, I have received your letter of September 29,2012. In this letter you mention three code items that you feel are "unhealthy and dangerous" I will address them in order. #1 Lack of Carbon Monoxide Detectors in the units: answer: The Building Code only requires Carbon Monoxide Detectors in New or substantially renovated structures. 527 C.M.R Section 31 "Nicholes Law" is enforced by the Fire Department. This issue has been addressed with Fire Prevention. The building has a new Carbon Monoxide detection system in the boiler room and it has been approved by the Salem Fire Department. The individual rooms do not need Carbon monoxide detectors due to the fact there are no Fossil Fuel burning devices within the units. #2 Lack of Insulation in the walls: answer: The energy code requirements also kick in on new or substantially renovated buildings. This building has most of the original walls still intact and therefore has not triggered the requirements of this code. #3 Lack of Current"Certificate of Use and Occupancy" You state that the only one is from 1998. I suspect you are looking at the Occupancy permit. A Certificate of Inspection, as defined by780 C.M.R section 106, has been done every year and they are on file in my office . The latest was issued 7/10/12. I hope this addresses your concerns. If you feel you are aggrieved by my code interpretation,your appeal is to the Board of Buildings,Regulations and Standards in Boston or in the case of 527 C.M.R your Appeal starts with the Salem Fire Chief. Tho St.Pierr But ding Commissioner/Director of Inspectional Services Building Commissioner INSPEC?IEONAL SERVICES April 14, 2014 City Hall annex lfll� Salem, MA APR IS A- � By hand Dear Mr.St. Pierre, I am John Di Giorgio of 117 Lafayette St. #212 in Salem. I have Court process coming up soon. I have been withholding my rent due to non compliance of the Building and Sanitary Codes in this building. I need certain public record questions answered as soon as possible. The questions are as follows: The landlord of the property, Caritas, has put forward a recent inspection for"Egress", a 1972 file card that claims the property is still a "rooming house", and a letter from you stating that the "egress" meets that part of the code. The question is: Do you agree with the landlord's claim that these documents constitute a valid and official State Certificate of Occupancy that is required under the Building Code, 780cmr 111.1? That an egress inspection is a substitute for all of the other systems like fire, electrical, ventilation, heating, structure and everything else? (see the three attachments) Do you claim that the building at 117 Lafayette is a Rooming House that does not have both kitchens and baths or that it is an apartment or Dwelling Place that does have kitchens? Which are you calling it? Is there any record that at any time the building has been inspected for compliance with the Building Code OTHER than these "egress" inspections? Can you provide copies of such inspection reports? Will you provide copies of any building permits regarding the installation of kitchens and baths into these former sleeping rooms? I would also like to request that you inspect the property for compliance regarding the insulation on the outside walls against cold and condensation and that you explain why there are no carbon monoxide detectors in the apartments? Fire Chief Cody refuses to answer the many request of myself and other tenants. I am reserving my right to name you as a Witness and naming the City of Salem as a Defendant in Counter Claim. I think it would be better if I could just get the documents from you as a matter of public record instead of dragging you into a court action. P , o iorgio 117 Lafayette St. #212 Salem, MA 01970 Witnessed by: QTY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3�FLOOR fi TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STYIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER Ll John Di Giorgio 117 Lafayette Street #212 Salem Ma. 01970 Dear Mr. Di Giorgio, This Department has produced a copy of a building card that states a Certificate of Occupancy was issued on 12/29/88 for all 63 units. This same document has been produced numerous times in the last several months. This occupancy permit was at the completion of permit#639-88 which stated"Renovate Hotel for 63 units. Another permit was issued on 1/23/98 to update the kitchens and baths in 60 of the units' The Occupancy permit issued in 1988 is a permanent certificate. As long as no major changes take place, and no major construction takes place ,the Certificate of Occupancy is still valid. This Department does conduct a certificate of Inspection, as required by the State Building Code, on an annual basis and the current one is displayed in the common area of the building. It should be noted that the Certificate of Inspection is current through 8/19/2014. Regarding your claim that there are no Carbon Monoxide detectors in the apartments,you are correct.The Carbon Monoxide Detectors are located in the Boiler room,and in the common areas, are current and in good working order. This is allowed under the State Fire Code as an alternative code compliance. . You should also note that a Building only needs to meet the Building Code that was in effect at the time of construction. One would have to look at the Building Code when the building was constructed and again at the Code that was in place m1988 ,with the exceptions that would have been in place for existing buildings. It should also be noted that I issued a response to most of these same concerns to you and Mr. Chouinard in a letter dated 10/12/2012. I am enclosing this letter for your review. Tho ry fs St.Pierre Building Commissioner/Zoning Officer CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT yr!!r 120 WASHINGTON STREET,31D FLOOR T .L. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR TY-IOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER John Di Giorgio 117 Lafayette Street #212 Salem Ma. 01970 Dear Mr. Di Giorgio, This Department has produced a copy of a building card that states a Certificate of Occupancy was issued on 12/29/88 for all 63 units. This same document has been produced numerous times in the last several months. This occupancy permit was at the completion of permit#639-88 which stated"Renovate Hotel for 63 units. Another permit was issued on 1/23/98 to update the kitchens and baths in 60 of the units' The Occupancy permit issued in 1988 is a permanent certificate. As long as no major changes take place , and no major construction takes place,the Certificate of Occupancy is still valid. This Department does conduct a certificate of Inspection, as required by the State Building Code, on an annual basis and the current one is displayed in the common area of the building. It should be noted that the Certificate of Inspection is current through 8/19/2014. Regarding your claim that there are no Carbon Monoxide detectors in the apartments,you are correct. The Carbon Monoxide Detectors are located in the Boiler room,and in the common areas, are current and in good working order. This is allowed under the State Fire Code as an alternative code compliance. . You should also note that a Building only needs to meet the Building Code that was in effect at the time of construction. One would have to look at the Building Code when the building was constructed and again at the Code that was in place in1988 ,with the exceptions that would have been in place for existing buildings. It should also be noted that I issued a response to most of these same concerns to you and Mr. Chouinard in a letter dated 10/12/2012. I am enclosing this letter for your review. Thrs St.Pi��errr�rjje�� Building Commissioner/Zoning Officer Commonwealth Of Massachusetts City of Salem Map: Block: Lot: 34 0364-201 In Accordance With Massachusetts State Building Code 780 Cmr,Section 106. 5, Table 106 CERTIFICATE OF INSPECTION , � ct}�n R2EcnoN is issued to INC. 1 CeYtlfy that IARI CARITAS COMMUNITIESh..,,...R2 PREMISES ,X X. .' Y OTEL SRO ( . ). . . . MISE . . . . . . . . . known asr AFAY TE,II . . . . . LL.. S� 1 located at 0117 LAFAYETTE STREET in the City of Salem . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Means Of Egress Are Su�cient For The Following Number Of Persons: BY STORY Story Capacity Story Capacity BY PLACE OF ASSEMBLY OR STRUCTURE Place of Assembly or Structure Capacity Location Place of Assembly or Structure Capacity Location 20 UNITS 2ND FLOOR 21 UNITS 3RD FLOOR 21 UNITS 4TH FLOOR CI-2014-0010 08/19/2013 08/19/2014 Certificate Number Date Certificate Issued Date Certificate Expires Building Official ** 4 COPY OF THLS CER TMIC ATE MUST BE POSTED IN CLEAR VIFTV N?VEAR ALL F_NTRAMCES "* r l � T CITY OF SALEM, MASSACHUSETTS 3 INSPECTIONAL SERVICES DEPARTMENT 9ecitrnBdfi� TY-IOMAS ST.PIERRE . INSPECTIONAL SERVICES DIRECTOR / BUILDING COMMISSIONER KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 TEL:978-745-9595♦FAx:978-740-9846 April 16, 2014 NAME CORRECTION Re 111-125 Lafayette Street, also referred to as 117 Lafayette Street. The Certificate of Inspection, CI-2014-0010, issued 08/19/2013, for 117 Lafayette Street, erroneously describes the building as being "known as LAFAYETTE HOTEL SRO." The building at 117 Lafayette Street , has traditionally been known as the LINCOLN HOTEL. The Certificate of Inspection should read: LINCOLN HOTEL SRO. Harry Waogg Assistant Building Inspector : t SMITH& WESSEL ASSOCIATES, INC. HAZARDOUS BUILDING MATERIALS AND AIR QUALITY SPECIALISTS January 21, 2008 �r � Mr. Tom Nee Director of Property Management Caritas Communities 150 Wood Road, Suite 300 Braintree, MA 02184 Re: Mold Assessment. 117 Lafayette Street Salem,MA Dear Mr. Nee: Introduction You retained Smith &Wessel Associates, Inc., to perform a mold and moisture assessment at various locations at the residential complex located at 117 Lafayette Street in Salem, Massachusetts. Zachary Keefe, Smith &Wessel's indoor air quality consultant, conducted an assessment of select areas of the building, with special attention to unit 321, on January 10, 2008, looking primarily for environmental factors that may lead to fungal growth or existing contamination. Our inspection was performed in response to occupant's concerns regarding the possibility of mold growth in the unit. During our assessment we made observations in the area, took moisture measurements, performed mold spore trap air testing, and measured environmental conditions to determine the likelihood of further mold growth, if discovered. Background ft Observations According to on-site representatives, the resident has complained of repeated mold growth in the unit, which consists of a main room with kitchen efficiency, and a bathroom with shower. 8 Church Street Telephone: (978)346-4800 Merrimac, MA 01860 FAX: (978)346-7265 .a At the time of our assessment, visible mold growth was observed on various portions of the exterior walls, as well as on window sills. The distribution pattern of the fungal growth suggests that it is most likely caused by condensation. Condensation occurs when warm, moist air comes in contact with a cooler surface. The surface lowers the temperature of the air to its dew point, and moisture is released. Similarly, window panes are many times the coolest surface in the room, and often act as points of condensation. In order to discover the cause of the condensation, the exterior walls were examined. A hole approximately six inches in diameter had previously been created in the wall. This hole was inspected and it was found that, at this area, no insulation was present. The condensation is occurring on the exterior walls because they have the ability to reach lower temperatures than partition walls. There were no obvious signs at the time of our assessment that a water leak had occurred, or that water intrusion was taking place on a regular or intermittent basis. Sampling and Analytical Methods Because elevated moisture is one of the leading causes of fungal amplification and the destruction of indoor building products,and can lead to the deterioration of buildings, we conducted investigations for moisture using a Protimeter Surveymaster SM moisture meter. This conductance type meter combines a conventional two-pin inspection mode with a non-invasive radio frequency device enabling the consultant to assess moisture conditions not only on a component surface, but also at depth quickly and non-destructively. The radio frequency search mode uses a color-coded LED scale to identifying degrees of dampness below the surface. In this mode the instrument employs radio frequency emissions (RFE) to measure moisture through most wall and floor coverings, including ceramic tiles. The two-pin mode identifies by means of green, yellow, and red LEDs whether a surface is in an air-dry (0-18%), borderline (18-22%), or damp condition (>22%) and quantifies this condition on an LCD in terms of percent wood-moisture-equivalent (%WME). During our investigation we did not uncover any areas within the building that exhibited readings indicative of elevated moisture. Smith 6 Wessel Associates, Inc. SWA 07106 Page 2 4/24/07 High humidity, standing water, or saturated building materials all contribute to an environment conducive to fungal growth. Some common bio-aerosols may produce an allergic response in sensitive individuals. Fungal growth can also be responsible for odors detected in the indoor environment. Fungal sampling was conducted on a limited scope. We collected mold spore air samples from the third floor hallway, in unit 306, and in unit 321. An outdoor sample was collected for baseline comparative purposes. The samples were collected utilizing silicon slide cassettes connected to vacuum pumps and calibrated to 15 liters per minute flow. A known volume of air was drawn through each cassette and the filters analyzed to detect types of mold present in the air and the total number of spores. Following sampling the air cassettes were delivered, following proper chain-of- custody procedures, to EMSL of Woburn, Massachusetts. EMSL, an accredited analytical laboratory, prepared the samples and examined them using light microscopy, 100x oil immersion lens. Findings Moisture measurements taken throughout the area were all less than 15%, a level unsuitable for fungal growth in most environments. Results of spore trap laboratory analysis show that mold spore levels are elevated within the unit as compared to the control and outdoor samples. We have listed in Table 1 the sample number, location, types of mold spores identified, as well as the number of spores per cubic meter (ma) of air. Smith 8 Wessel Associates, Inc. SWA 07106 Page 3 4/24/07 Table 1: Results of Air Sample Analysis Sample Location Identification Spore/m3 S-01 Exterior,under awning Ascospores 42 S-02 Third floor hallway Aspergillus/Penicillium 1,010 Cladosporium Ganoderma Myxomycete S-03 Unit 306 Agrocybe/Coprinus 546 Aspergillus/Penicillium Basidiospores Myxomycetes S -04 Unit 321,main area Aspergillus/Penicillium 2,610 Basidiospores Cladosporium Myxomycetes Unit 321,bathroom Aspergillus/Penicillium Basidiospores -------------- Conclusions and Recommendations 1. Visible mold growth was observed at various locations of unit 321 on exterior walls and window units. This is most likely due to condensation, which occurs because of the fact that exterior walls may at times reach low temperatures. 2. Mold spore trap testing and analysis show that spore levels within the unit are somewhat elevated compared to levels found in adjacent areas. T 3. We recommend that the affected portions of the wall and ceiling material be removed in accordance with guidelines set forth by the EPA and the IICRC. In order to prevent further mold growth, we recommend that the existing exterior plaster wall systems be removed and replaced with wooden stud and gypsum board systems. We recommend that ample insulation be installed so as to prevent wall surfaces from presenting a point of condensation. 4. It is likely that much of the excess humidity in the unit comes from the shower unit in the bathroom. We recommend that an exhaust fan unit be installed so that warm, humid air may be drawn out of the unit to the exterior. Smith 8 Wessel Associates, Inc. SWA 07106 Page 4 4/24/07 Many factors contribute to actual and perceived air quality within a building or occupied space, including the amount of ventilation,human comfort responses, presence of toxins, allergic responses, and many other variables. Thus, routine testing does not address all factors that are contributing to air quality issues at this site. This assessment was limited in scope and is by no means to be considered a comprehensive evaluation of the indoor environment. Follow-up testing or evaluation would be necessary at additional cost to assess more thoroughly additional IAQ concerns. Background of Fungi/Mold Fungi have often been classified as a type of plant life; however, scientists generally recognize fungi as a separate kingdom more'closely resembling animals than plants, but not belonging to either. Fungi cannot manufacture their own food and must rely on other animals and plants for nutrients to survive. More than 100,000 species of fungus have been identified, including mildews, molds, mushrooms, and yeasts. Fungi grow in a wide variety of conditions, but thrive in moderate conditions and moderate temperatures between 687 and 86°F, and are not reliant on light to survive. Some species of fungus are harmless or beneficial; for example, some are essential to the production of bread, alcoholic beverages, and many antibiotics. Fungus diseases, however, result from damage to bodily tissue inflicted by the action of simple single-celled creatures that are somewhat like bacteria in size and function. Fungi produce illnesses in the same way that bacteria do by using parts of attacking cells for nutrients or by releasing toxins, however, unlike the rapid cell division of bacteria, fungi spread by means of spores or budding, making them highly mobile. Most diseases related to fungi are due to an unbalanced condition of fungi already present and natural to our bodies, or by the inhalation of foreign fungi spores present in the environment. Common fungal illnesses range from allergic reactions of varying severity, to asthma, hay fever, and alveolitis (farmer's lung disease). Of particular concern to humans is the genus of fungus, Aspergillus. It is a ubiquitous mold that grows well in soils and in wet or damp locations. Three species, A. fumigatus, A. flavus, and A. niger are most commonly pathogenic and lead to superficial infections, bronchopulmonary infections, and sinus infections in humans due to the inhalation of airborne spores. The severity of disease is largely based on the individual's sensitivity to each fungus present. Additionally, Stachybotrys chartarum, although not as common in the indoor Smith 8 Wessel Associates, Inc. SWA 07106 Page 5 4/24/07 environment, has been implicated in health problems in humans, and has been demonstrated to be extremely toxic to some livestock. That abnormal moisture is the major contributor to indoor micro-biological activity is well documented in the scientific community and by practical experience in the restoration industry. Nutrients for spore germination and growth are readily available in dust, dirt, and in complex materials such as wood, paper, adhesives, acoustical fiber, paints, and textiles. The germination of fungal spores and mold growth is influenced by a number of factors. These include moisture, available nutrients, air velocity, air and material temperature, relative humidity, light, material and moisture pH, and substrate composition, along with the quantity of spores from a previous growth or from the water source. In.addition, the severity of growth is influenced by the amount of time materials are allowed to remain wet and undisturbed. Of these factors, substrate moisture condition is the most important. When materials are obviously damp or wet there is greater opportunity for germination and growth. Even in non-flooded environments mold spores can germinate and grow when the humidity reaches 75% and materials are allowed to reach equilibrium moisture content (EMC) of 75% or greater. Since the humidity is usually greater at material interfaces than in the ambient airmass, most documentation warns of indoor humidity above 60%, even in non-flooded buildings. We also know that for optimum drying after water intrusion, the humidity should be reduced and maintained below 50% and preferably below 40% as quickly as possible. The type and quantity of nutrients play an important role in the growth of microorganisms. Basically, a dirty environment provides more nutrients for mold growth than a clean environment. Organic materials or those with some organic composition such as drywall, adhesives, paper, wood, plaster, leather, and cloth make an ideal growth substrate. Most indoor fungi are saprophytes and they grow best when the ambient air is stagnant..This may be why mold problems are often found in closets, attics, and wall cavities. Mold does not grow well when the air velocity is greater than two feet per second. Airmovers can be a major detriment to mold growth;however, it is not wise to install an airmover near an existing growth, as it will disperse mold spores throughout the environment. Smith 8 Wessel Associates, Inc. SWA 07106 Page 6 4/24/07 Although no federal or state guidelines for fungi/mold spore counts are in effect at this writing, we can use the relative concentration of spores within the subject space compared to outside air counts as an indication of contamination. It is generally recognized by the Environmental Protection Agency, ASHRAE, and the National Institutes for Occupational Safety and Health, as well as others, that indoor air for a facility contain the same or fewer numbers of spores as the surrounding outdoor air. Spore counts considerably higher in indoor air as compared to outdoor air indicate accelerated growth and the possibility of contamination. Coupled with actual spore counts are the results of species identification. Generally species diversification occurs and species will generally exist in the same relative concentrations inside as they do outside. That species diversification in the interior samples is similar to the outside sample suggests the absence of an indoor atypical environment and, thus, further indicates no unusual fungal amplification. Should you have any questions or concerns please do not hesitate to contact me. Respectfully submitted, Smith & Wessel Associates Inc. Zachary Keefe Rr- 1 F Certified Indoor Environmentalist Smith & Wessel Associates, Inc. SWA 07106 Page 7 4/24/07 Appendix A Laboratory Results Smith & Wessel Associates, Inc. SWA 07106 4/24/07 EMSL Analytical, Inc. 7 Constitution Way,Suite 107 Woburn,MA 01801 Phone: (781)933-8411 Fate: ( 81)933-84.12 Email: bostonlabriiemsl.com Attu: Zachary Keefe EMSL Order: 130800096 Smith&Wessel Assopates.Ino Customer IDSMIT50 8 Church Street Received. 1111108 Merrimac,MA 01860 Analyzed 1114108 Report Date: 1114108 Prq. 080151 Shaevel&Krems: 117 Lafayette St., Salem. fv1A Air-()Zell(14)Cassette Analysis of Fungal Spores&Other Airborne Particulates by Optical Microscopy(EMSL Method M001( Lab Sampla Number: 130800096-0001 1306p0096-0002 130600096-0003 Client Sample ID: s41 9-02 S43 _ Volume(L7• 75 75 75 Sampo Lotman: Eat Under Awning 3rd Fl.Naar 321 Un"306 Spore Types Raw Count Countfm' %of Total Raw Count mgm' %of Total Raw Count C ntim' %of Total AgrocybelCopnnus - - - - 1 42 7.7 Alternaria - - - - Ascospores 1 42 100 Aspergillus/Peniallium - - 18 7% 75 10 420 76.9 Basidiospores - - - - - 1 42 7.7 Bipolarts - - - Chaelomium - - - - - - - - - Cladosporium - - - 1 42 4.2 Curvularia - - - - Epicoccum Fusarium - - - Ganodenne - - 4 168 16.7 - Myxomycete - - - 1 42 4.2 1 42 77 Paecilomyces - - - - Rust - Scopulariopsis - - Stachybotrys - - Torula - -- - - Ulodadium - - - - - Unidentifiable Spares - - - - Zygomyceles -Total Fungi 1 42 100 . 24 1010 100 13 546 100 Fibrous Particulate 8 338 1 42 Hyphal Fragment - - - 1 42 Insect Fragment - - - - - - - - Pollen Analyt.Sensitivity 600x - 42 42 - 42 Analyt.Sensitivity 3DOa - 13' - - 13' Skin Fragments(1-4) - 1 1 - t Background(1-5) - 2 - 2 1 rae..lrgm!ten uw r...«a.oaua.m u..m..o 4 n.uGe+ ' >I clod a.,p a� b ... K4e Xytlf len4 d4.JprOW1 V.IKU4l!fIn O.ta[u1.4.pna Ytl eCM VNttuWIG Il.9rKr b 4WNetlun4Pt 6ea.'iGrourq 4M.vl:nrtre4 yr warkayry dCYYprvC VMR'u4tl..frMpNy e(pa 4.e444rrr uq - ourrt0.'elun. Smith & Wessel Associates, Inc. SWA 07106 4/24/07 EMSL Analytical, Inc. 7 Constitution Way,Suite 107 Woburn,NIA 018D1 Phone: (781)933-8411 Fax: (781)933-8412 Email: bostontatYELemsl.com Attn: Zachary Keefe EMSL Order: 130800096 Smith 8'Kessel Associates.Inc Customer ID: SMIT50 6 Church Street Received. 1/11108 Merrimac.MIA 01860 Analyzed. 1114108 Report Date. 1114108 Prot: 08015?Shaevel 8 Krems: 117 Lafayette St.. Salem.MA Air•O•Cell(-)Cassette Analysis of Fungal Spores 8 Other Airborne Paraculates by Optical Microscopy(EMSL Method M001) Lab Sample Numban 130800096-0004 130800096-0005 _ Client Sample to: S-04 S-45 Volume(L): 75 75 Sample Location: Unit 321 Unit 321 Bathroom Spore Types Raw Count Coungm' % f Total Raw Count Countlm' %of Total Agrocybe(Copdnus - - Allemana - - - - Ascospores - - - Aspergillus/Peniclflium 43 1810 69.4 29 1220 96.7 Basidiospores 15 630 243 1 42 3.3 Bipolaris - - - - Chaetomium - - - Cladosponum 2 84 3.2 Curvularia - - - - Epicoccum - Fusanum - - Ganoderma - - - - - Myxomycele 2 M 3.2 Paecilomyces Rust - - Scopulariopsis - - Stachybotrys Torula Ulodadium - - - Unidentifiable Spores - - - - - - Zygomycetes Total Fungi 62 2610 100 30 1260 100 Fibrous Particulate - - - 3 126 - Hyphal Fragment 2 S4 Insect Fragment - - - Pollen Analyt.Sensitivity 600x - 42 42 - Analyt.Sensitivity 300x n• 13' Skin Fragments(1-4) - 1 - 1 Background(1-5) - 3 - 2 - we<n�.w n.m cow.w.�uua.ano..mw a...w.. - is npn r..<u auwwwu v.^xwu.ui,eecw.roe...,e.m.i p.neuw...irn,p u nw.narrn. ,l 9.cw,wia'..w,of snSu4 m u..ro.✓•.v a1Eswwn M.<�V�..a,onuanp.o„Ne ile¢Non..4 o.werx� Smith B Wessel Associates, Inc. SWA 07106 4/24/07 Appendix B Common Indoor Molds Smith 8 Wessel Associates, Inc. SWA 07106 4/24/07 Ascospores Ascospores are plant pathogens that exist everywhere in nature. It's potential as an allergen is highly variable in that its by . allergenic properties have not been studied thoroughly. The possibility that ascospores are opportunistic or pathogenic is ' dependent on genus and species; however, the vast majorities a 3 s do not cause disease. This species grows indoors on damp .; surfaces. j Alternaria Alternaria is a species of mold that can be found in soil, dead organic debris, on foods and textiles, and may feed on weakened plants. It is a commonly recognized allergen for Type I and Type II allergies. May in rare cases cause nasal lesions, subcutaneous lesions, nail infections (most infections reported from persons with compromised immune systems.) This species is one of the most common worldwide and will grow indoors on a variety of substrates. Aspergillus Aspergillus is one of the most common fungal genera ° worldwide, and can be found in soil, decaying plant debris, compost piles, and stored grain. It is a commonly recognized allergen for Type I and Type II allergies. Aspergillus has been linked to infections such as respiratory, invasive,;; LL coetaneous, ear and corneal diseases in immunosuppressedOII persons. Grows indoors on a wide variety of substrates. E Smith 8 Wessel Associates, Inc. SWA 07106 4/24/07 Basidiospores a Basidiospores are produced by mushrooms, puffballs, shelf fungi, and other types of fungi. These spores are found y everywhere in nature, including gardens, forests, and woodlands. It is a probable common allergen for Type I and Type II allergies. Many mushrooms are edible, making this 4:y species very important in the food industries. When it grows indoors, it causes white and brown wood rot which destroys the structural integrity of building components. Cladosporium Cladosporium is one of the most common forms of mold x worldwide. It is found in soils,plant litter, leaves, and old, decaying plants. Cladosporium is considered a common and important allergen for Type I and Type II allergies. This genus is not known to cause infections. It can be found indoors on a variety of substrates, including wood, gypsum board, window sills, etc., and is able to grow in cold temperatures. Epicoccum Epicoccum spores are ubiquitous, and may be found in plant debris and soil. It is a common allergen for type I allergies,but is not known to cause any infection. This fungus produces antibiotic substances such as flavipin, epicorazine A & B,,and indole-3- acetonitrile. It grows indoors on many different substrates including paper, wood, textiles, and insects. Myxomycetes Myxomycetes are ubiquitous, and can be found in decaying logs, stumps, dead leaves, and the like. It is considered a possible allergen for Type I allergies, including hay fever and asthma. There are no reports of human infection or toxin production, and they are occasionally found indoors. Smith 8 Wessel Associates, Inc. SWA 07106 4/24/07 Nigrospora n` Nigrospora is a ubiquitous fungus that is found in abundance in ` warm climates in decaying plant and soil material. It is associated ati^ with Type I allergies such as hay fever and asthma, but is not known to cause human infection, nor is it known to produce toxins. It is rarely found indoors. Penicillium Penicillium is one of the most common fungal genera worldwide, and can be found in soil, fruit rot, compost piles,and decaying plant debris. It is commonly associated with Type I allergies (hay fever, asthma) as well as Type III hypersensitivity pneumonitis. One species F L' of Penicillium has been known to cause infection; however, thise < species has not been found in the United States. Penicillium is found throughout indoor environments, most commonly in house dust, and produces a heavy musty odor. It has been known to grow on wallpaper, decaying fabrics, wet wood, and behind paint. It is also found on apples, cheeses, herbs, and dry cereals. Stachybotrvs Stachybotrus is a ubiquitous fungal genus that is found in ' decaying plants, soil, and decomposing cellulose. Its role as an " allergen has not been well studied, but type I allergies have been reported. There are currently no reports of human infection caused by the mold, but produces certain toxins which t m' ' may cause dermatitis, cough, rhinitis, and burning sensation in humans. It is found indoors in wet cellulose-based products °a such as gypsum board paper and wood. Smith 8 Wessel Associates, Inc. SWA 07106 4/24/07 ti �j i' Law Offices of Michael M. McArdle 204 Lafayette Street Salem, Massachusetts 01970 Telephone (978) 744 5150 Facsimile (978) 744 5144 Email: Mike@mikemcardlelaw.com January 12, 2011 VIA EMAIL AND U.S. MAIL City of Salem Board of Health c/o David Greenbaum, RS Acting Health Agent 120 Washington Street Salem, MA 01970 RE: Richard Harrell, Former Tenant Caritas Communities, Inc., Owner 117 Lafayette Street, Apt. 321 Salem Massachusetts Dear Ms. Greenbaum, As you know from recent discussion with my client, Richard Harrell, we have a pending Northeast Housing Court claim under the Consumer Protection Statute tracking a number of breach of warranty claims in connection with Mr. Harrell's former tenancy at the above captioned property. I am also sure that you have discussed Mr. Harrell's request for a building code inspection by Mr. St. Pierre, which is being denied at this time. I am still awaiting Mr. St. Pierre's formal response explaining his declination, so that Judge Kerman can determine if it is legal. I am therefore, on the same basis, requesting a formal sanitary code inspection of the premises by your office. If necessary, the same could be coordinated with the State's Housing Agent, Community Teamwork, Inc. and the property owner, Caritas Communities, Inc. who are the named Defendants in Mr. Harrell's lawsuit. The Salem Disability Commission with point man, Jack Harris, is attempting to determine whether the disabled tenants that currently occupy the bulk of the sixty-three (63) single residence apartments are being provided housing that meets the quality standards promised for this subsidized housing project by the developer and current owner effective since 1998. v Please advise what your position is in regard to performing this updated inspection and under what terms and conditions your office will become involved. Mr. St. Pierre advised me that it was also the Board of Health's jurisdiction to determine compliance with the minimum living space for these units. Can you confirm whether that is accurate and if so, what that minimum standard is for a single resident occupancy unit. Please advise if you or your office has ever assessed compliance in this regard for these apartments. Please call or email me at your earliest convenience. Very truly yours, /s/ MICHAEL M. WARDLE MMM/sjm cc: Client Thomas St. Pierre RERECEIVEDSeptember 29, 2012 Building Commissioner INSPECTIONAL SERVICES City Hall Annex 2012 OCT - I A 10: 02 Salem d-ii� BY HAND Re: non-compliance at 117 Lafayette Street Dear Commissioner, We tenants are concerned about unhealthy and dangerous code violations at this address that have gone unaddressed for years. We request inspection for the following: Lack of carbon monoxide detectors in the units. Lack of insulation in the exterior walls against the cold. Lack of a current State "Certificate of Use and Occupancy". The only one available is from 1998 and was signed by Kevin Goggin. 780 cmr requires that this Certificate requires re-inspection and re-issue at least every five years if building is of apartments and even more often is it is considered a lodging house. The landlord sought and was granted a variance last year by the City BOH on the basis of it being an apartment building but is now claiming that it is a rooming house or"SRO". If you need special inspectors for this, such as Health or Fire,will you please request that of them in writing? They have not responded to our direct queries. Attached is an e.mail string in which Paul Halfmann,State Dept. of Health, agrees that the law is clear in 105cmr and in 527cmr that all units, rooming or dwelling be equipped with carbon monoxide detectors. Please respond as soon as possible to make arrangements with tenants. We continue to be afraid for our safety and many of us having court looming and need prope documenta on. Charles Chouinard#303 at 117 Lafayette 978-223-8731 ' John Di Gegtgjp212, 617-877-5729 .Sincerely, Tenants at 117 yerizo%Business E-Mail http://webrmil.verizonemail.net/webmail/serviet/Ht4)NinilethTIMir?n::! I Sul veri on Business Center - 11 9/17/2012 M}3;7Search the Web Home I Help&Support I Products&Services Tools & Resources E-Learning I Resources I Account Management I E-Mail I Advanced Web Search Verizon Business E-Mail wore_mt , Inbox Compose Folders Addresses Options Search Log Out Repry Reply AllForward p < Previous € Next> j 1 Delete or move to Move to folder... From: "Halfmann, Paul (DPH) <paul.halfmann@state.ma.us> Block Sender I Block Domain Date: 2012/09/14 Fri PM 03:30:17 EDT To: "rph@hydrogenpilot.cam"<rph@hydrogenpilot.com> Subject: RE: RE: every dwelling UNIT! T Printable Version They are required in accordance with Department of Fire Services regulations 527 CMR Paul Halfmann, MPH Assistant Director Community Sanitation Program (508) 792-7880, ext. 2338 Website: www.mass.gov/dptVdcs L o "o -----Original Message----- n From: rph@hydrogenpilot.com[mailto:rph@hydrogenpilot.com] o .Sent: Friday, September 14, 2012 2:11 PM To: Halfmann, Paul (DPH) r I� Subject: Re: RE: every dwelling UNIT! >From: "Halfmann, Paul (DPH)" <paul.halfmann@state.ma.us> O >Date: Tue Sep 11 08:55:08 CDT 2012 ) >To: "rph@hydrogenpilot.com" <rph@hydrogenpilot.com> N fU >Cc:jtbearjr<jtbearjr@gmail.com>, chadchouinard <chadchouinard@aol.com>, ). "robert.p.cwieka"<robert.p.cwieka@hud.gov>, CDAN33 <CDAN33@YMAIL.COM>, l "Kevin.Goggin"<Kev!n.Goggin@peabody-ma.gov>, "Ronald.J.Herbert"<RonaId.J.Herbert@hud.gov>, Iramdin<Iramdin@salem.com>, tstpierre <tstpierre@salem.com> >Subject: RE: every dwelling UNIT! AND YOU HAVE BEEN TOLD, REPEATEDLY THAT NEITHER FIRE nor HEALTH nor BUILDING WILL REPLY. YOU'RE "ANSWER" IS THAT THE CITIZEN MUST GET A LAWYER, GO TO COURT, PAY FOR THE LANDLORD'S LAWYERS AND THE CITY'S LAWYERS AND THE COURT AND YOUR OWN COUNSEL-----JUST TO ASK THE SIMPLE QUESTION: "DO DWELLING UNITS AND ROOMING UNITS IN THIS STATE NEED TO HAVE CARBON MONOXIDE DETECTORS IN THEM?" THAT IS YOU'RE RESPONSE? GO BLOW ALL THAT TAXPAYER MONEY FOR A SIMPLE ANSWER? YOU ARE THE AUTHORITY ON THE SANITARY CODE. PATHETIC. q RH >Read section"e"of attached statute 1 of2 9/17/2012 1:01 PM Verizon Business E-Mail http://webmail.verizonemail.net/webmail/servlet/Ht4)Nin letDriver?n... >Paul Halfmann, MPH >Assistant Director >Community Sanitation Program >(508) 792-7880, ext. 2338 >Website: www.mass.gov/dph/dcs > >-----Original Message----- >From: rph@hydrogenpilot.com [mailto:rph@hydrogenpilot.com] >Sent: Tuesday, September 11, 2012 9:41 AM >To: Halfmann, Paul(DPH) >Cc: jtbearjr; chadchouinard; robert.p.cwieka; CDAN33; Kevin.Goggin; Ronald.J.Herbert; Iramdin; tstpierre >Subject: every dwelling UNIT! > >Dear Mr. Halfmann, € >This is your job: t`: :01 "M >527 CMR 31.04 - >This is what YOUR sanitary code cites. Stop dodging the question and read it. Then answer. >rh o co ti o � D Uo n o CD C-) N m Cn t / Home I Help&Support Products&Services I Tools&Resources I For Your Home ,-h 7A Verizon Very verizon Privacy Policy i copyright 2003 Verizon.All Rights Reserved. Online w.rroM.w.vM Use of Marizon Online's Internet access seances and Web sites are subject to user compliance with our Policies. GS(/center> F 2 of 2 9/17/2012 1:01 PM hUFUU E STREET PERMIT No g (Offirr of Onoprrtor of Buildingn City Hall, 19 Permission is hereby given to a to occupy forpurposes in front of estate 117 6A7V-4 Wd. O/i J /�L� ��lefsidemalF, of street. `Chis permit is limited to 19P� subject to the provisions of the ordinances and statutes in relation to Streets and the Inspection and Construction of Buildings in the City foflSalem. 043,043,9.- ` , In/� _ Director of Public Services Inspector of Buildings Sigtmture of Applicai 6�" PL34 2L 4.39-00 r i � a BUILDING ENVELOPE ASSESSMENT iG: ? CARITAS COMMUNITIES,INC. 150 Wood Road, Suite 300 Braintree,Massachusetts 02184 Mr.Tom Nee 1 r . Y ��1 ey 1 BUILDING ENVELOPE ASSESSMENT of LINCOLN HOTEL 117 Lafayette Street Salem, Massachusetts 01970 PREPARED BY: EMG CONTACT: EMG Jim Dallas 11011 McCormick Road Senior Engineering Consultant Hunt Valley,Maryland 21031 800.733.0660,x6634 800.733.0660 iddallas®emgcorp.com 410.785.6220(fax) w .emRcorp.com EMG Project#: 87430.08R-001.137 Date of Report: June 17, 2008 On site Date. May 8, 2008 BUILDING ENVELOPE E V A L U A T I O N 87430.08R-001.137 1. CERTIFICATION EMG has completed a Building Envelope Assessment of exterior and some interior conditions at Lincoln Hotel located at 117 Lafayette Street in Salem, Massachusetts 01970 on May 8, 2008. This follow-on study further explores repointing of the building and suspected mold growth. The assessment was performed at the Client's request using methods and procedures consistent with good commercial and customary practice designed to conform to acceptable industry standards. This report is exclusively for the use and benefit of the Client identified on the first page of this report. The purpose for which this report shall be used shall be limited to the use as stated in the contract between the client and EMG. This report is not for the use or benefit of, nor may it be relied upon by any other person or entity, for any purpose without the advance written consent of EMG. In expressing the opinions stated in this report, EMG has exercised the degree of skill and care ordinarily exercised by a reasonably prudent consultant in the same community and in the same time frame given the same or similar facts and circumstances. Documentation and data provided by the Client, designated representatives of the Client, or other interested third parties, or from the public domain, and referred to in the preparation of this assessment, have been used and referenced with the understanding that EMG assumes no responsibility or liability for their accuracy. ® This report has been written for readers with some technical understanding of the building systems surveyed and the investigative procedures employed. The independent conclusions represent our professional judgment based on information and data available to us during the course of this assignment. EMG's assessments, analyses, and opinions are not representations regarding either the design integrity, structural soundness or actual value of the property. Factual information regarding operations,conditions, and test data provided by the Client or their representative have been assumed to be correct and complete. The conclusions presented are based on the data provided,observations and conditions that existed on the date of the assessment. If you have any questions regarding this report, please contact Jim Dallas at 800.733.0660, ext. 6634 or jddallas@emgcorp.com. Prepared by: Bill Albert Reviewed by: R. Mark Lawson PNA Reviewer for: Jim Dallas Senior Engineering Consultant DUE DILIGENCE FOR THE LIFE CYCLE OF REAL ESTATE. 800.733.0660 • www.emgcorp.com 1 BUILDING ENVELOPE E V A L U A T I O N 87430.08R-001.137 2. INTRODUCTION 2.1 . PURPOSE The Client contracted with EMG to conduct a Building Envelope Assessment of exterior and some interior conditions at Lincoln Hotel, an apartment building property located at 117 Lafayette Street, Salem, Massachusetts. The purpose of this investigation and report is to provide the Client with further analysis and recommendations concerning repointing of the building, as described in RTP/Killelea Associates, Inc. letter, dated October 29, 2007(see appendix A)and suspect mold growth. This report summarizes our findings. 2.2. SCOPE This investigation was conducted in accordance with the scope of services outlined in EMG's proposal. The scope of services performed is summarized as follows: • Review of the property data including property condition assessment reports, records of previous wall repairs, as-built construction documents, plans, specifications, structural reports, and the like were conducted when provided by the on site property management,facilities/maintenance,or other personnel. ® • Perform a visual survey and photograph conditions on the exterior of the structure and interior of the facade (where visible) to determine any deficiencies, the extent of deficiencies and the cause of deficiencies, if apparent. • Perform a visual inspection for water penetration of the foundation • Perform a visual assessment for the symptoms of stack effect • Observe tenant spaces for suspect mold in obvious places 2.3. LIMITATIONS AND QUALIFICATIONS Subject to the qualifications stated in this paragraph, and stated elsewhere in this report, the estimated remaining useful life of the building envelope materials is an expression of a professional opinion and is not a guarantee or warranty, express or implied. The foregoing estimate is based upon the observed physical condition of the property at the time of the on site visit and is subject to the possible effect of concealed conditions or the occurrence of extraordinary events, such as natural disasters or other"acts of God", which may occur subsequent to the date of the on site visit. 2.4. OPINIONS OF PROBABLE COST The estimates for the repair and capital reserves items noted within this Report are included within the report. DUE DILIGENCE FOR THE LIFE CYCLE OF REAL ESTATE. 800.733.0660 • www.emgcorp.com 2 BUILDING ENVELOPE E V A L U A T I O N 87430.08R-001.137 These estimates are based on invoice or bid documents provided either by the Owner/facility and construction costs developed by construction resources such as R.S. Means and.Marshall & Swift, EMG's experience with past costs for similar properties, city cost indexes, and assumptions regarding future economic conditions. DUE DILIGENCE FOR THE LIFE CYCLE OF REAL ESTATE. 800.733.0660 • www.emgcorp.com 3 BUILDING ENVELOPE E VA LUA 'i I ON 87430.08R-001.137 3. ' SUMMARY OF FINDINGS The property is an apartment building on Floors two through four and retail stores on the first floor. The building contains approximately 25,000 SF. Construction type is steel and concrete with a brick facade. The foundation system is believed to be slab-on-grade, but could not be determined. The date of construction is 1917. Mr. Thomas Nee, Director of Property Management and Mr. Wilson Tejada, Senior Site Manager were present during the survey. No construction drawings were available for review. 3.1 . INITIAL FINDINGS • The structure appears to be well constructed. Excessive leaning, foundation cracks or stair-stepped cracking along the outside walls was not observed. • The repointing on the Wand Street side (left elevation) of the building was "spot" repaired and was not a complete repointing program. • The rear of the building has some missing and chipped bricks on the facade. • The roof membrane is approximately 10 years old and appears to be in fair condition with no major patches. Penetrations appear to be well sealed. 3.2. FURTHER FINDINGS • The partial basement is divided into at least three sections. Access cannot be gained from one section to another. Access to two sections of the basement is only gained through the ground-floor retail tenant spaces. • All three sections of the basement were observed. No major foundation cracking was observed. No water filtration into the basement was observed. • As a note, the foundation walls appear to be granite in some areas. Not all of the foundation walls and basement floor were available for inspection. • The ground floor tenants consist of the following: • A Market • jewelry store • Business Center • Beauty Salon • The second through fourth floors have been converted from hotel rooms to individual studio apartments, 62 in total. Each unit contains a kitchenette with an apartment-size refrigerator and electric stove with oven and stainless steel sink. The full bath has a toilet, sink and shower/tub. Not all the bathrooms have exhaust fans. There are three handicap-accessible units with roll-in showers. • Eleven residential units throughout the three floors and three ground-floor retail units were observed. All the units appear to be in fair condition. Walls and floors appear to be square and plumb with no major cracks in the walls or ceiling. • Some water-stained ceiling tiles were observed in the following ground-floor units: DUE DILIGENCE FOR THE LIFE CYCLE OF REAL ESTATE. 800.733.0660 • www.emgcorp.com 4 BUILDING ENVELOPE EVALUATION 87430.08R-001.137 • Beauty salon-approximately three square feet • Business center-approximately three square feet,possible mold growth • Jewelry store-approximately two square feet • Market-approximately two square feet • It could not be determined the cause or the age of the stained tiles. • Apartment 317,occupied,appears to have suspect mold on the right-hand window frame. • Apartment 211,occupied,appears to have suspect mold on the Harbor Street window frame. • The apartment window frames are made of aluminum. There is a possibility that during the heating season,the frame'sweats'and this condensation acts as a medium for mold growth. • Both of these apartments appear to have limited housekeeping which would also support mold growth. • During the heating season, stack effect causes the moist air from the beauty salon to be drawn up and into the apartments above. This effect would be minimized during the non-heating season. • Based on the construction date of the building, it is assumed there is little or no wall insulation throughout the building. 3.3. CONCLUSIONS d• Moisture is getting trapped inside some of the units. This moisture is leading to suspect mold growth. In order to eliminate the mold growth,the excessive moisture needs to be removed. • The source of the moisture can be from any of these sources: • Beauty salon /• Water infiltration through the brick facade where the pointing is cracked or missing / • Condensation being trapped between the inner and outer walls where insulation is poor or non-existent • Moisture inside the apartments condensing on the cold aluminum window frames, especially during the winter months • Poor housekeeping practices that al low moisture to linger and grow /• Trapped moisture in non-vented bathrooms 3.4. RECOMMENDATIONS Several recommendations should be considered: Recommendation Estimated cost �• Sample for possible air-borne mold $3,000 x • Supply, install and maintain bathroom exhaust fans $2,000 • Replace the stained ceiling tiles $1,000 • Remove any/all existing suspect mold growth $1,000 • Replace the aluminum windows with vinyl replacements $175,000 • Supply, install and maintain a dehumidifier in the beauty salon $10,000 • Repoint the entire building as necessary $30,000 • Repair or replace any missing brick in the rear of the building $5,000 DUE DILIGENCE FOR THE LIFE CYCLE OF REAL ESTATE. - 800.733.0660 • www.emgcorp.com 5 BUILDING ,ENVELOPE EVALUATION 87430.08R-001.137 Paint>seal the entire rear surface $4,000 Subtotal $231,000 Total $231,000 Not all of these recommendations need to take effect immediately. Sampling, replacing the stained ceiling tiles, installing bathroom exhaust fans, removing any suspect mold growth and repointing should be done at the earliest convenience. Replacing missing brick, painting and installing a dehumidifier should be done in the near future. Refer to EMG report 87430.08R-001.078 for further clarification of the Indoor Air Quality relating to the observed suspect mold or any other issues. That report states: 'The survey has not identified any specific indoor air quality(IAQ)problems. All air parameters tested are within expected levels and are at acceptable concentrations in consideration of the government and industry guidelines for indoor air. In fact,the indoor levels were equivalent or favorable for most parameters in comparison to the outdoor air values measured.' This statement indicates that the observed suspect mold is not negatively impacting the environment of the adjacent spaces. The routine procedures and recommended repairs stated above should prove to be adequate mitigation if implementation is scheduled as soon as possible. DUE DILIGENCE FOR THE LIFE CYCLE OF REAL ESTATE. 800.733.0660 • www.emgcorp.com 6 BUILDING ENVELOPE F. V A L U A T 1 0 N 87430.08R-001.137 APPENDIX A: PHOTOGRAPHIC RECORD DUE DILIGENCE FOR THE LIFE CYCLE OF REAL ESTATE. '� 800.733.0660 • www.emgcorp.com EMG I N ffF T.m ® EMG PHOTOGRAP[♦ic RECORD Project No.: 87430.08R-001.137 Project Name: Lincoln Hotel r Photo Minor cracks in facade Photo Patched lintel p7: N8: rlll= =lllr Photo Roof overview Photo Roof drainage 1{9: #10: nrr� - IIIb Pho[o Stained ceiling tiles in business center Photo Beauty salon #11: N12: CORPORATE HEADQUARTERS 11011 MCCORMICK ROAD HUNT VALLEY,MARYLAND 21031 800 733 0660 FAX 4107856220 w .emgmrp.c ® EMG PHOTOGRApmc RECORD Project No.: 87430.08R-001.137 Project Name: Lincoln Hotel Photo Stained ceiling tiles in beauty salon Photo Stained ceiling tiles in beauty salon #13: #14: Photo Stained ceiling tiles in jewelry store Photo Stained ceiling tiles in business center #15: #16: Y 4' ifu ! w ,$ f. N� Photo Building entrance Photo Lobby finishes #17: #18: CORPORATE HEADQUARTERS 11011 MCCORMICK ROAD HUNT VALLEY,MARYLAND 21031 800 733 0660 FAX 410 786 6220 w .emgcorp.com EMG M„ 5 i11 h} i KV # 1 � t $•g + ai+�� F��lf` li��-_ � � °fir,. 3111 S Cx '{ y ' 3d'�1 A4 • 5%,04 •1111 �1 1\ I '4 •111 I,I\. 1 1 1 � ��-•� 1ppp gi- uhl iFF $—Y i 9 b in + L .F ��I11 �1 1. 11111 •111 .111 1 \ 1 I. 111 Ih I 1 �1y� O 1lRm M1l: •y.'.,; 1 v L G 1"1„qtr IN �. 9� �y µJ •11 1 1' 11\ 1 1 1 •11 1 ..1: 1111 1 1 CITY OF SALEM M PUBLIC PROPERTY DEPARTMENT KIMBERL.EY DRISCOLL MAYOR 120 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970 TEL:978-745-9595 • FAX:978-740-9846 August 23, 2007 Caritas Communities Qy Suite 300 150 Wood Road Braintree, MA 02184 RE: 117 Lafayette Street Dear Property Owner; A recent inspection of 117 Lafayette Street identified problems with the masonry exterior. The two sides and front of the building have brickwork which needs to be repointed. Also, there are some lintels and or precast concrete that needs to be inspected by a qualified individual (i.e. structural engineer) to determine the repair needs. The Massachusetts State Building Code, 780 CMR, Section 103 requires the maintenance of all sections of a building. Please contact this office upon receipt of this to discuss your plan to address the masonry repairs. Sincpcty, Thomas J. St. Pierre Building Commissioner/ Zoning Enforcement Officer Director of Inspectional Services CC: file, Health Dept., Fire Prevention, Councilor Corchado d' RTP/ KILLELEA ASSOCIATES, INC. � 916 PLEASANT STREET, UNIT 1 NORWOOD, MA 02062 KILLELEA PHONE (781)551-8885 FAX (781) 551.0195 October 29,2007 Mr. Tom Nee Caritas Communities 150 Wood Road Braintree, MA 02184 RE: 117 Lafayette Street Salem, MA Dear Mr. Nee: Pursuant to your request, I inspected the exterior masonry walls at the above referenced project to determine the existing conditions of the various exterior masonry wall components and necessary remedial actions. The 'existing consist of brick masonry with cast stone lintels, sills and band courses. As you know;we recently completed repairs on the Ward Street elevation. These repairs included repointing and caulking replacement at some of the windows. We also sealed one defective cast stone lintel which will eventually require replacement. In addition to the repairs we performed, masonry repairs also appear to have been performed at the rear of the building. Inspection of the visible exterior wall components revealed some miscellaneous defects at the front and Harbor Street elevations including missing mortar,cracked cast stone sections and a few spalled sections of cast stone. Also,at the rear of the building there are several spalled bricks and areas of peeling paint. These defects should be addressed as part of an ongoing maintenance program. It is important to address these defects, particularly the cracked and spalled cast stone sections where water penetration into the stones will eventually result in deterioration of the steel reinforcement and subsequent stone failure. Also, it is very important to maintain the paint on the rear of the building as water penetration into the wall in the areas of the paint failures will result in spalling of the adjacent brick. 1 trust this is the information you require. If you have any questions or require additional information,please feel free contact me. Very-truly yours, "Bo, onica, P.G. / CITY OF SALEM { sal PUBLIC PROPERTY fir ✓` DEPARTMENT KI,Yi6}RLEY DKISOOLL MAYOR 120 WAST-IIN roN S rR E'r♦ SAu.A MASSAOHUSL'ris 01970 TI-L:978-745-9595 ♦ FAX:978-740-9846 February 15, 2011 Mr. Richard Harril RE: 117 Lafayette Street Dear Mr. Harril, To answer your questions about 117 Lafayette Street please see below: As far as the State Building Code and Salem Zoning is concerned 117 Lafayette is concerned there is no distinction between an SRO and an Apartment Building. The Building Code classifies both Apartment Houses and "non-transient"Hotels as Use Group R-2. Salem Zoning Ordinance makes a distinction between "Hotels, Motels or Inns", "Multi-Family Dwellings" and "Rooming ,Boarding or Lodging Houses". Only the definition of Multi-family Dwelling(a building designed for or occupied by three or more families with separate housekeeping and cooking facilities for each)would apply to 117 Lafayette Street, 117 Lafayette Street existed long before our Zoning Ordinance took effect and its original use can remain regardless of current Zoning restrictions for its location. The B5 zone does in fact allow Multi- family dwellings such as the building at 117 Lafayette Street. The Zoning officer makes the determination of a building's use but as stated above, there is no distinction between an SRO and an Apartment building. Sincerely, Thomas McGrath Assistant Building Inspector City of Salem VD 978-745-9595 x5644 cc: File, Thomas St Pierre It 1017 ca, . is oti so Ioon� Q � � 115za 2 ,2- Q ~ CITY OF SALEM, MASSACHUSETTS + BOARD OF HEALTH 120 WASHINGTON STREET,4'"FLOOR TEL. (978) 741-1800 KIMBERLEY DRISCOLL FAx(978) 745-0343 MAYOR DG]tERNBAUM@SAI.F,,M.COM DAVID GREENBAum,RS ACTING HLAL''LH AGENT January 13, 2011 RE: Richard Harrell, Former Tenant, 117 Lafayette Street, unit 321 Michael M. McArdle Attorney at Law 204 Lafayette Street Salem, MA 01970 Dear Mr. McArdle, The Salem Board of Health is responsible for insuring compliance with 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. At the request of a tenant the Salem Board of Health will conduct an inspection of a dwelling unit to determine compliance with this code. On July 30, 2007 at the request of Mr. Harrell, the Salem Board of Health conducted an inspection of 117 Lafayette Street Unit 321. In addition, an inspection was conducted at Mr. Harrell's unit by this department on October 4, 2007 and on November 5, 2007 a letter was sent to the property owner, Caritas Communities, that all violations had been corrected. Mr. Harrell should have copies of these reports. Furthermore, Mr. Harrell attended a Board of Health meeting on October 9, 2007 to discuss the issues at 117 Lafayette Street unit 321. At that time it was determined by the Board there was no longer any need for Board of Health involvement and took no additional action on this matter. Therefore, the Salem Board.of Health declines to conduct an inspection of the property located at 117 Lafayette Street for the following reasons; First, 105 CMR 410.820 states that "All interior inspections shall be done in the company of the occupant or the occupant's representative." As Mr. Harrell no longer resides at this address and has no control over a unit at this address he has no standing to accompany a Board of Health inspector on any such inspection. Second, all units and all relevant common areas at 117 Lafayette Street are inspected prior to rental in accordance with the City of Salem ordinance requiring a Certificate of Fitness inspection be conducted and the landlord receive a Certificate of Fitness from the Salem Board of Health. Third, this office has already inspected this unit and the required corrections were made in 2007. � r Lastly, as stated above, Mr. Harrell appeared before the Board of Health in October 2007 regarding his concerns at 117 Lafayette Street and the Board took no further action on this matter. Regarding your inquiry concerning the minimum living space, 105 CMR 410.400(C) addresses the minimum square footage requirements for floor space for single resident occupancy. This section states, "in a rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 80 square feet of floor space; every room occupied for sleeping purposes by more than one occupant shall contain at least 60 square feet for each occupant." To the best of my knowledge Mr. Harrell never raised the issue of minimum square footage with this department therefore it was not something we assessed during our inspections. In conclusion, without a complaint of housing code violations from a current resident or an order from the Court the Salem Board of Health has no cause to conduct an inspection of the property located at 117 Lafayette Street for compliance with 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. Should you require any further information regarding this matter please feel free to contact me @ 978-741-1800 or via email. Sincerely, David Greenbaum Acting Health Agent cc: Dr.Barbara Poremba,Board of Health Chair Tom St.Pierre,Building Commissioner Beth Rennard,City Solicitor Jason Silva,Mayors office Jack Harris,Commission on Disabilities 167 Dutton Street, Lowell, MA 01852 (978)459-0551 FAX(978)453-9150 (1-800.698-0551) HOUSING ASSISTANCE PAYMENT CONTRACT TERMINATION NOTICE Property Owner: January 25, 2008 CARITAS COMMUNITIES INC. 150 WOOD RD S-300 BRAINTREE, MA 02184 Tenant: RICHARD HARRELL 117 LAFAYETTE ST#321 SALEM, MA 01970 This letter constitutes the notice of the Housing Assistance Payment(HAP)Contract, that Community Teamwork, Inc(CTI)will be terminating unit#321 from the HAP Contract with the property owner, effective IMMEDIATELY. HUD guidelines only allow CTI to issue subsidies for units in compliance. If the property owner has any questions please call me at(978)459-0551 Ext. 289. CTI is proceedings to terminate unit#321, under HAP contract#MA910E-97 because of the client safety, marginal unit conditions and poor quality management result in very poor quality repairs. The unit does not meet housing compliance with HUD's Housing Quality Standards and DHCD Housing Quality Requirements. Please be aware that CTI will not make any rental assistance payments. The HAP contract for the project name Lincoln Hotel located at 117 Lafayette Street, Salem, MA 01970 will be reduced from 63 to 62 units until it meets housing compliance with HUD's Housing Quality Standards and DHCD Housing Quality Requirements. CTI has issue the tenant a Section 8 CertificateNoucher, which will enable the tenant to locate a new apartment,which meets program requirements. Sincerely, Edwin Bonilla Housing Inspection Manager FAX TRANSMISSION &Lj MASSACHUSETTS HOUSING PARTNERSHIP FUND Two Oliver Street Boston, MA 02109 617-338-7868 Fax 617-338-8274 To: Stephen Nolan, Esquire Hill & Barlow From: Cam K Tewksbury Fax: (617) 428-3500 Number of Pages: 2 Re: HSF Loan — Lincoln Hotel, Salem Note: Pursuant to our telephone conference this afternoon, attached hereto please find a copy of correspondence from 3o Ann McGuirk requesting that the MHP Fund assign the above-referenced loan back to DHCD. It is my understanding that you will prepare this assignment and deliver it to the MHP Fund for execution. Thank you. \\MHP\SYS\USERS\SHARED\HSF\LINCOLN\Nolan assignment Itrl.dot DEPARTMENT OF � \ HOUSING & O COMMUNITY �;� ti� ti DEVELOPMENT 58 Argeo Paul Cellucci,Governors Jane Wallis Gumble, Director September 18, 1998 Ben L. Fernandez Massachusetts Housing Partnership Fund Two Oliver Street-- 9th Floor Boston, Massachusetts,02109 RE: Housing Stabilization Disbursement Authorization Lincoln Hotel, Salem, MA Dear Ben: We have reviewed and approved the enclosed Requisition /13 (the third and final requisition for HSF funds) for the above referenced project. We hereby authorize the MHP Fund to release the final payment of $283,981.31 to the "Borrower/Sponsor", Lincoln Hotel Associates Limited Partnership. Pursuant to Section 1(b) of the Grant Agreement, we request that MHP Fund assign the loan documents to DHCD. If you have any questions related to the assignment of the loan documents, please contact Stephen Nolan, HSF legal counsel. Thank you for your assistance with the Lincoln Hotel project. We look forward to our continued working relationship on other affordable housing initiatives. Sincerely, Jo Ann McGuirk Director, HOME& HSF Programs Enclosure cc: Stephen Nolan, Esq. (w/o enclosure) Massachusetts Housing Partnership Fund May 19, 1997 BY HAND Ms. Jo Ann McGuirk Commonwealth of Massachusetts Department of.Housing and Community Development 100 Cambridge Street, 18th Floor Boston, Massachusetts 02202 Re: $465,000 Housing Stabilization Fund Loan to Lincoln Hotel Associates Limited Partnership Dear Jo Ann: The MHP Fund has executed the Grant Agreement and the Comptroller's Contract for this project(three sets of the executed original documents are enclosed with' this letter). After DHCD has executed the Agreement and the Contract, please return one set of signed original documents to me at the address listed below. Also,please accept this letter as the MHP Fund's formal request for the disbursement of the loan proceeds in the amount of$465,000 pursuant to Section 3 of the Grant Agreement, and payment of MHP's $3,500 administrative fee. Thank you for your cooperation: % Sincerel . Fernan3ez cc: Judith S. Jacobson, Deputy Director/General Counsel (w/out enc.) Eva Boyce, Controller/Finance Director(w/out enc.) Stephen Nolan, Esq. (w/out enc.) \\Mhp\sys\USERS\S HARED\HSF\LINCOLN\grantmcguirk.doc o Two Oliver Street, Boston, Massachusetts 02109 Phone (617) 338-7868 Fax (617) 338-8274 o 48 North Pleasant Street, Amherst, Massachusetts 01002 Phone 1413 253-7379 Fax (413) 253-3002 HILL & BARLOW A Professional Corporation STEPHEN M.NOLAN Direcr Line: 617-4z8-3z69 E-Mail: snolan@hillbarlow.com January 27, 1999 BY HAND Rr L^ 271999 Ms. Cam Tewksbury Massachusetts Housing Partnership I "2 Oliver Street Boston, Massachusetts 02109 Re: Lincoln Hotel Dear Cam: I enclose forms of Assignment of Mortgage and Assignment of Loan Documents in connection with the Lincoln Hotel transaction. These should be signed along with the endorsement on the original Promissory Note and forwarded to DHCD. DHCD will send me the Assignment of Mortgage for recording. Please call if you have any questions. Ytesinrely, Nolan SMN/bb Enclosure cc: JoAnn McGuirk 390912 ONE INTERNATIONAL PLACE • BOSTON • MASSACHUSETTS ozr IO-z607 TELEPHONE 617-428-3000 • FACSIMILE 6x7-4z8-3500 d HILL & BARLOW A Professional Corporation.. STEPHEN M.NOLAN Direct Line: 617-4L8-3x69 E-Mail: snolan@hillbarlow.com December 30, 1997 BY HAND Mr. Benjamin Fernandez Massachusetts Housing Partnership Fund Two Oliver Street, 9th Floor Boston, Massachusetts 02109 Re: Lincoln Hotel Dear Ben: I enclose execution originals of the Loan Agreement in connection with the Lincoln Hotel transaction. You will also be receiving five counterpart originals of the Forbearance Agreement from Allen Lynch at Peabody & Brown. I request that you have all of the documents executed where indicated by MHP and return them to me as soon as possible. I understand that DHCD has sent you authorization to sign these documents. Please call if you have any questions. Sinc el , v� tephen . Nolan SMN/bb Enclosures cc: Erin Bettez 329096 ONE INTERNATIONAL PLACE BOSTON - MASSACHUSETTS ox130-t.607 TELEPHONE 617-418-3000 - FACSIMILE 617-418-3500 BY HAND 31 March 2011 City Solicitor Rennard, Esq. City Hall, Salem Dear Solicitor Rennard, Thank you for the phone message from your office. You suggest that I simply make a records request instead of using a subpoena. I will do so. However, since I have made such requests in the past, repeatedly, and have been ignored or stonewalled by Mayor Driscoll's office and the same from Building Commissioner St. Pierre and Health Agent Greenbaum, I must insist that you at least make answer, in a very timely way, that this time the City will oblige. I realize that this request may take some days, but I must insist that you answer straight away if it is the City's intention to do so in the near future. I have a Court timeline to satisfy in this. Of course, as I've said and written to so many civil authorities in the past (DHCD as well as the City, both in many departments),the need for all of this could be simply, readily and inexpensively satisfied if Greenbaum, Driscoll or St. Pierre would simply do the jobs they are paid and required by law to do. Then we could settle all issues in short order. Though I believe that the public "charity"landlord, Caritas, and the public "charity", CTI, and DHCD and the City and its Departments are all supposed to be helping people like me, I have seen nothing of the sort for over three years from any of them. Instead they have all worked overtime to help themselves and each other. At considerable expense to the taxpayers who support them all. The Request: Copies of all e.mails in the City and its Departments regarding the property known as 117 Lafayette St. aka"Lincoln Hotel" or myself, Richard Harrell. This should inter and intra office e.mails. Copies of all internal memos, notes of phone calls, etc. regarding 117 and RH. Also, any hard copy material that should be in the files at Health and Building but is not there currently. Lastly,perhaps from your office, a rendering and an explanation of the law that requires the Health Agent of the City to issue "Certificates of Fitness for Human Habitation". I went some time ago to the Superior Court to seek relief in mandamus regarding the City's inaction with this matter. I was informed that I needed to diligently seek all other forms of relief before making the unusual pleading for mandamus. I am endeavoring to do just that. I have had some advice from the State Health Dept. (MDPH) in the person of Mr. Halfinann,(his last letter is enclosed), and I will be asking that they consider intervening. I will be bringing outside experts to the building itself as well, as soon as I can arrange it. As for DHCD, the matter now rests with Jo Anne McGuirk at that office. Nonetheless,the civil action does not allow for a lot more time. K. I have done my best and acted in the public interest in this matter at all times during the last three and a half years. The civil case is brought solely based on public record and the building itself. I have asked no one to take my word for any claim I have made. I brought the civil action because I could get no relief from the authorities in the usual manner. I have been written and public saying that any award that might accrue from the civil action is destined for honest charity. Indeed, I offered recently before Judge Kerman's court, to withdraw the civil suit if the building could pass an inspection. Attorneys for the Defense(Caritas and CTI) declined the offer without even having to consult with their clients who were not present. You're an attorney, shouldn't you be advising Greenbaum and St. Pierre to be making a proper inspection? Even if they believe that the building is compliant, I fail to see how its in the public interest to continue dodging this obligation. Save all this taxpayer expense of all this process and simply inspect. Thank you. chHarrell 2 Heritage Dr. #23 Salem Ma 01970 978-740-9338 rplighydrogenpilot.com copies: by hand to: health and buildine first class mail to Mr. Halfman (MDPH) EXHIBIT A 03!03!97 XON 15:17 FAX 16177424321 WINN DEVT 10002 J . Wmn March 3, 1997 Cover Letter by fax and complete package by FedEx Standard Overnight Delivery Mr: Gerry Noel Manager,Housing Inspection and Development Community Teamwork,Inc. 167 Dutton Street Lowell,Massachusetts 01852 Re: Review of Market Rental Survey Lincoln Hotel—111-11 y Lafayette Street Salem, MA Dear Gerry: Thank you for furnishing us a copy of the Market Rental Survey for the Lincoln Hotel. As we have discussed, although competent in many respects, it is flawed in many others,.specifically as outlined in detail below. Our underwriting of this property was based upon a major rehabilitation of the dwelling units. Our plan contemplates intervention far in excess of what is required by your minimum Housing Quality Standards spec sheets. From the lessons we have learned from our experience in the business of operating this type of housing,this approach for a substantive overhaul has proved to be the only viable option for maintaining a successful operation. The plan calls for professional on-site management supervision complemented by a level of social services not provided at any of the comparables cited.by the appraiser. We underwrote the property at$595 per month in conjunction with the Department of Housing and Community Development's (DHCD's) Housing Stabilization Grant Program—and utilizing the Department of Housing and Urban Development's Fair Market Rent level for studio units in effect since September 20, 1996. (Please see enclosed Exhibit A.) Without availing the property of this reasonable rent level specified by HUD, we are in no position to proceed on this project. I must remind you that we'came to this failed tax credit property at the urging of the DHCD to rescue them from a potentially embarrassing disaster. Our principal points of dispute with the survey are as follows: Six Faneuil Hall Matkerplace, Bosron, Massachuseas 02109.1620 Telephone (617) 742-4500 • Facsimile (617) 742.0725 Q?/03/97 MON 15:18 FAS 18177424321 WINN UEVT WJ VU.3 J Mr. Gerry Noel March 3, 1997 Page 2 . 1. Construction The appraiser states the project will be in"average to good"condition post rehabilitation. We believe the scope of work that we previously have delivered to CTI with the approval of the DHCD as.part of the Housing Stabilization Funds Grant will bring the property to"good to excellent'condition (Please see enclosed Exhibit B—Scope of Work) The appraiser further states that"no formal plans and specifications were available for review." To the contrary,.these materials had been provided as part of our applications,dated May 3, 1996, and October 21, 1996,that resulted in the award of the$465,000 of Housing Stabilization Funds and the Project-Based Subsidy to be administered by CTI. The property most certainly will be in better condition than the inferior "comparables"named in the study. We are pleased that the appraiser states on page four of this report that"in the event that the information is incorrect or the proposed renovations are different from what is assumed for this analysis,the conclusion contained in this report is subject to review and/or revision." We respectfully request this review be nerformed. The appraiser further states that he made only a partial interior inspection. Indeed, Cynthia Wood, our site manager,observed that his review was cursory at best. (Please see attached Exhibit C—Notes on Appraiser Inspection.) 2. vManagement: The appraiser states on page five that competent property management is assumed. We contend that Winn's management services are at the su erio level, unquestionably so,when relating to the comparables used in the.survey. Winn has received numerous awards for its successful property management practices, including,most recently,the National Assisted Housing Management Association's award for best turnaround property in the nation. (Please see attached Exhibit D—NAHMA Award.) The Lincoln Hotel would be a prime candidate for this commendation. Our project operating budget contemplates a full-time maintenance person as well as a full-time property manager—a level of staffing not provided at the majority of the cited comparable sites. Winn staff and management`receive significant training and are well equipped to work with the resident population that is unique to the Lincoln Hotel. 3. SRO's: Only comparables for Single-Room-Occupancy are provided in the appraiser's report. A review of studio apartments also would be provided,considering that reach dwelling unit at the Lincoln Hotel includes a kitchenette and bath? (Please 'see Exhibit E.—Winn-produced Market Analysis of Studio Units.). , The appraiser's study states that"most SRO facilities in the Greater Salem area, 03/U3./97 - MON 15:18 FAX 16177424321 WINN D= i21004 Mr. Gerry Noel March 3, 1997 Page 3 `usually have shared baths and sometimes shared kitchen facilities." This is precisely why Studio apartments should be compared as well. The Lincoln Hotel will provide the best features amenities and services typical of SRO's together with the benefits of independent living in multi-family apartments. 4. Specific Review of Comparables a) Comparable I —With shared kitchen facilities,rents are$500. b) Comparable 2—With no resident services or on-site management,rent is $520. ' c) Comparable 3 —With no resident services,inferior condition (post-rehab), rent is $520. d) Comparable 4—With one-half of the units considered below-grade,rent is $540. e) Comparable 5—Condition is stated as superior—Needs further review compared to Lincoln Hotel post-rehab; rent is $520. 5. Services: The"Market Grid"suggests that social services will cost$20 per month. The true cost of this service is estimated at approximately $60 per month,utilizing one-half time of the property manager and at least a one-half time social services coordinator. For a list of services to be provided,please see attached Exhibit F that was part of the subsidy application. It appears.evident that this information was not provided to the appraiser. Considering that it was the principal purpose of the subsidy RFP, it seems a glaring omission in establishing rent levels for the property. In summary,we respectfully propose that DHCD and CTI further evaluate the brief consultant report for the Lincoln Hotel. The monthly rent should be set at the HUD FMR of$595, not$475 as suggested by the appraiser in this obviously faulty review. Please give your prompt attention to the points raised in this letter and be in touch with the appraiser and 'provide him with the Construction Budget, "Management Plan, ` Marketing Study,2 ask him to review and redo the comparables to include studios, and 3 provide to him the social,services requirement detail. Then, and only then,can the rent level be set at the appropriate level. Gerry,over a year and a half of hard work by us(with the encouragement and concurrence of theSity estate administrations)has been spent working to tum around this blighted property in Salem. We appreciate your hard work as well, and I should say that I was most favorably impressed by the professionalism of your operation. I understand that CTT and D14CD are the entities that ultimately are responsible to set the 02/03/97 . MON 15:19 FAX 16177424321 WINN DEVT 11005 ;r Mr. Gerry Noel March 3, 1997 Page 4 rent level for the property. I trust that you will not allow a flawed appraisal to set back this joint public and private undertaking,but that you will decide to settle upon the correct 100%supportable rent for this property. Please get back to me as soon as possible to conclude this matter. Sincerely, Winn Devel ment Company ce H. Curtis /Associate General Partner /ab PC: Eleanor G. White (Housing consultant) Anne Philbrick, D14CD Catherine Racer,DHCD Craig Wheeler, City of Salem a F EXHIBIT B y 5 CITY OF SALEM DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT. Kimberley Driscoll MAYOR 120 WASHINGTON SKEEr• SALEM,MASSACKNI::ITS 01970 LYNN GOONIN DUNCAN,AICP TEL: 978-619-5685 e FAX: 978-740-0404 DIRECTOR November 1, 2010 Richard Harrell 2 Heritage Drive #23 Salem, MA 10970 Re: 117 Lafayette Street— Lincoln Hotel Dear Mr. Harrell: In response to your e-mail of October 21, 2010 requesting information regarding the history of the Lincoln Hotel, 117 Lafayette Street, and the City of Salem's Community Development Block Grant loan, the Planning Department has reviewed its files and has the following information. • The'purpose of the loan was to rehabilitate the nearly vacant and underutilized Lincoln Hotel into 63 single room efficiency housing Units and rehabilitate three retail storefronts. This purpose is'consistent with the goals and objectives of the City of Salerii's Community Development Block grant program. • The Lincoln Hotel Associates Limited Partnership gave,the City of Salem a Note and Mortgage in the amount of($600,000 in May, 1989 (Registry of Deeds Book 10177, Page 21). The mortgage was subordinate to the first mortgage on the property with First Trade Union Savings Bank and a second mortgage to Roger N. L'Heureux. According to the Mortgage, the interest rate for the mortgage was to be computed at-16% per annum or at the maximum interest rate permitted by law, whichever is lower. According—to the Promissory Note dated May, 1989 indicated that the interest would be computed at a rate equal to 35 basis points (0.35%) above the Applicable LIBO rate and thereafter adjusted monthly on the first day of each month to an interest rate equal to 35 basis points (o.35%) above the applicable LIBO rate. According to an amortization schedule on file, the payment terms were to be interest payments of$26,250, two times per year, beginning May, 1991 through November, 1998 and a balloon payment of $600,000 principal, $109,666.67 interest and $12,850.00 interim interest and underwriting for a total of$722,516.67 due on May 1, 1999. To my knowledge, /no payments were received. • `In April, ,j 903, the City entered into a Note with;Lincoln Hotel Limited Partnership for$49 700,'with an interestrate of 5% per annum, as a fourth lien on the property. To my`knowledge,lnopayments were received. Lincoln Winn Hotel, LLC became holder of the $600,000 Note in September, I 1996. In December, 1997, the City entered into a forbearance p f 0 S • agreement with Lincoln Winn Hotel, LLC for an annual loan payment of the lesser of$35,000 or$15,000 plus the amount of any increases in the allowable annual rental rent approved by HUD under the HAP Contract for all units as of the date thereof(which equal $389,340) to be paid in equal monthly installments of one- twelfth of the annual amount. To my knowledge;no payments were received. • In 2003, the Mortgage was assigned from Lincoln Hotel Associates Limited` Partnership to Caritas Communities, Inc.. In March, 2003, the City of Salem entered into an Assignment and Assumption Agreement with Caritas Communities, Inc., for which the City agreed to take delivery of a $200,000 check on the $600,000 loan. An affidavit on file shows ther$49,700 Note to be lost.) Copies of all the settlement documents available were sent to Mr. Harrell in August, 2008. • The City received a check for $216,566.67 dated December 18, 2003 - $200,000 toward the $600,000 loan and $16,566.67 toward the $49,700 loan. • Most of the Planning Department loan files were turned over to either Attorney Scott Grover, representing the City, and/or Attorney James Gilbert, Assistant City Solicitor, prior to December, 2003. �We only have limited files in our possession? [Note: The city is only required to keep HUD files for a period of three years from the end of assistance.) As you and I have discussed, the issue of inspections is under the jurisdiction of the Building Inspector, not the Planning Department. Sincerely, ✓P Ly Goonin Du can, AICP Director Cc: Elizabeth Rennard, City Solicitor t i i EXHIBIT C 0,1/25/2011 04:21 9787450343 PAGE 02 CITY OF SALEM, MASSACHUSETTS BOARD OF Hr3Ar m �l 120 WASHINGTON STRr3L{r,4"''FLC)()R TEL.(978)741-1800 KIN BERLEY DRISCOLL FAX(978)745-0343 MAYOR UGAT RMiAUMrlI)SAT FM COM DAVID CRDiNBAUK RS AC')7NG HEA.r'1}I AGFN'1' January 13, 2011 RE: Richard Harrell, Former Tenant, 117 Lafayette Street, unit 321 Michael M. McArdle Attorney at Law 204 Lafayette Street .Salem, MA 01970 Dear Mr. McArdle, The Salam Board of Health is responsible for insuring compliance with 105 CMR 410.000: ; MinimumlStandards of Fitness for Human Habitation, State Sanitary Code, Chapter II; At the request of a tenant the Salem Board of Health will conduct an Inspection of a dwelling unit to determine compliance with this code. On July 30, 2007 at the request of Mr. Harrell, the Salem Board of Health conducted an inspection of 117 Lafayette Street Unit 321. In addition, an inspection was conducted at Mr. Harrell'$ unit by this department on October 4, 2007 and on November 5, 2007 a letter was sent to the property owner, Caritas Communities, that all violations had been corrected. Mr. Harrell should have copies of these reports. Furthermore, Mr. Harrell attended a Board of Health meeting on October 9, 2007 to discuss the issues at 117 Lafayette Street unit 321. At that time it was determined by the Board there was no longer any need for Board of Health involvement and took no additional action on this matter. Therefore, the Salem Board of Health declines to conduct an inspection of the property located at 117 Lafayette Street for the following reasons; First, 105 CMR 410.820 states that"All interior inspections shall be done it the company of the occupant or the occupant's representative." As Mr. Harrell no longer resides at this address and has no control over a unit at this address he has no standing to accompany a Board of Health inspector on any such inspection. Second, all units and all relevant common areas at 117 Lafayette Street are inspected prior to rental in accordance with the City of Salem ordinance requiring a Certificate of Fitness Inspection be conducted and the landlord receive a Certificate of Fitness from the Salem Board of Health. Third, this office has already inspected this unit and the required corrections were made in 2007. I 01/25/2011 04:21 9787450343 PAGE 03 Lastly, as stated above, Mr. Harrell appeared before the Board of Health in October 2007 regarding his concerns at 117 Lafayette Street and the Board took no further action on this matter. Regarding your inquiry concerning the minimum living space, 105 CMR 41D.400(C) addresses the minimum square footage requirements for floor space for single resident' occupancy. This section states, "in a rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 80 square feet of floor space; every room occupied for sleeping purposes by more than one occupant shall contain at least 60 square feet for each occupant." To the best of my knowledge Mr. Harrell never raised the issue of minimum square footage with this department therefore it was not something we assessed during our inspections. In conclusion, without a complaint of housing code violations from a current resident or an order from the Court the Salem Board of Health has no cause to conduct an inspection of the property located at 117 Lafayette Street for compliance with 105 CMR 410.000: Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Chapter II. Should you require any further information regarding this matter please feel free to contact me @ 978-741-1 B00 or via email. Sincerely, r A David Greenbaum Acting Health Agent tc Dr,Barbara Poremba,Board of Health Chair Tom at.Pierre,Building Commissioner Beth Rennard,City 5olle for Jason sllva,Mayors office Jack Harris,Commission on Disabilities EXHIBIT D 4' .Q Tom Nee From: Judge, Matthew(OCD) [Matthew.Judge@state.ma.us] Sent: Monday, August 25, 2008 12:43 PM To: tnee@caritascommunities.org Subject: FW: variances FYI From: Halfmann, Paul (DPH) rmailto:Paul.Halfmann(a)state.ma.usl Sent: Monday, July 21, 2008 2:59 PM To: Judge, Matthew (OCD) Subject: RE: variances I agree Paul Ha(mann Assistant Director Community Sanitation Program From: Judge, Matthew(OCD) [mailto:Matthew.Judae(a state.ma.usl Sent: Monday, July 21, 2008 2:47 PM To: Halfmann, Paul (DPH) Subject: RE: variances Thanks Paul. This is'a'fishing expedition at this point and Mr Harrell's interest is now in a building that he no longer resides in. If they want-further information I am of the strong opinion that they should be getting it from Caritas the current owner and Act trying to back door them. fihanks again. From: Halfmann, Paul (DPH) fmailto:Paul.Halfmann(dstate.ma.usl Sent: Monday, July 21, 2008 2:36 PM To: Judge, Matthew (OCD) Subject: RE: variances Thanks Matt. I'm not sure how I was included in the original email. I'll call you if anyone contacts me. Paul Halfmann Assistant Director Community Sanitation Program From: Judge, Matthew (OCD) rmailto:Matthew.]udgeCabstate.ma.us Sent: Monday, July 21, 2008 2:14 PM To: Halfmann, Paul (DPH) Subject: FW: variances Hi Paul. I just want you to be aware of some issues surrounding Mr. Harrell and his quest to harass Caritas with this mold issue. 4—Mr Harrell did live in this mod rehab program project based SRO. Apparently the masonry building came to need repointing on the exterior and moisture did penetrate the wall of his unit. Inspectors from CTI required repair and an air test to assure proper clean up. This was completed to the finish. During this time I had asked Mr. Harrell to provide Dr's documentation of the possibility that mold had aggravated his respiratory condition. He was very slow to provide this and we actually terminated the contract for his unit and issued him a mobile voucher enabling him to move to a unit of his t choosing. CTI staff also assisted him in locating an acceptable unit and I believe helped him financially with security. (this may or may not have been necessary but CTI agreed to if needed) Once other tenants became aware that he got a mobile voucher they wanted the same and since I have had calls for mold complaints for issues like the tenant dropping a soaked rag on the floor under the bathroom sink until it begins to turn color. Caritas and DHCD consulted and we decided to have the entire building assessed by an engineering firm with required expertise. This has also been done and the building deemed clean again. The unit that Mr. Harrell vacated was repaired by qualified persons and any mold was mitigated in advance of the engineers assessment. This building has been a project based moderate rehab for some 15 years. The units meet the requirements for 110 sq/ft er the federal requirement for SROs. They each have a kitchenette and full private bath as well not shared Mr. Harrell has not lived in this building for months now and he continuastempttocraate an atmosphere of concern for the other clients there. He has had an attorney make inquiries but the action taken while reactive was swift and comprehensive and doubled for safety. Mr Harrell's interest in this building is now something that no longer effects him or his health. I'm yot sure if the lawyers aren't manipulating him since they may be shopping for other clients in place to add to a suit. There is documentation that the deficiencies with thief building are corrected. Thanks for your attention to this. feel free to call me for further discussion about this. Thanks. Matt From: richard harrell rmailto:rph(alhydroaenoilot.com1 Sent: Monday, July 21, 2008 1:04 PM To: 3oanne Scott Cc: Judge, Matthew (OCD); McArdle; professor; Finocchio, Don (DPS); tstpierre; Halfmann, Paul (DPH); mayor(a)salert .com Subject: variances Ms. Scott, Did the Salem BoH grant a variance to the building code or CMR 105 to the property known as the Lincoln Hotel at 113-123 Lafayette St. in Salem? These units do not meet requirements of CMR105. The previous landlord, Winn Management, told me directly about ten years ago that they were only able to operate with such variance. I have been to City Hall, the building department and the State DPS. None of them have a record of such variance. If there is no such variance, how does this place operate when it does not meet code requirements ;for minimum square footage? Thanking you in advance, Richard Harrell 2 Heritage Dr. #23 Salem, MA 01970 978-740-9338 u 2 a 1/ EXHIBIT E 1 111 LAFAYETTE STREET TENANT SPACE City j"Salem Mass Housing (Health) - Inspection Compliance 7 Code Int/Ext Floor Unit No Area Repair Code Repair By J 1 it Owner/ Mana:er: ��— CA COMfh UNITIES INC: ❑ 410.281 Intedor Second 21 Bathroom V,o sfion:Mechanical ventilation p6vi4ed with shut off or volume reduction Parcel ld: #,,6 "nits' Notes:The ventilation fan in the bathroom does not have a readily accessible+hutoff. Provide a readily accessible shut off for the 3 3 0364-202 bathroom ventilation gan. InSpeCkOr Owner must cornet this violation wf`tin 14 days. David Greenbaum 2. El 1410.351(A) interiorSecond 219 Bathroom, Stat.US Udation:Sinks,tubs/showers tol;els;heating equipment,gas pipes,water n afing equipment,stove and ovens,electrical fixWres, Open '; and whin The above ag. '9 g equipment; ply ntained and in good working order. 4ate VT f�eoueswd at 11 00 Kh1I Notes:The legs on the bat room s; k ore brok[a:and do not p operly su p .eve :rk. Repur u e ivys to allad°cr propersuppcct of :the sink. ,;,�c, tnspec on a'l�Ond31/, IOwner must correct this violation vi'i ped",B '.n 14 days ^elnSY 3. ❑ ,1493.400(A: b_!Dien"or . �i1Tt __ a._ - IViolalion.D.•.elling unit contains 15C square feet for first occupant and 100 uare feet for each additional occupant art 0n For In r,cklon _ Tenant Complaint Notes:This unit measures approwmatuiy 100 squa a fee!. A dwelling unit must contain a minimum of at least 150 square feet of .,habitable living area. Owner must increase the minlmum square footage of 4s unit to 150 square feet. In addition,the owner must have all units measured for minimun;square footage by an independent party.to determine compliance with the minimum.square footage requirements in the sanitary code. ¢ !Owner must correct Iris violation n thin 14 days. No; i !Tenant JOt:rrCGlargld 117.Lafayette g,4219 j Salem P4^ J19,'0 '; 70 120 wash,_ton Street.4th Fluor•SALEM,MAPlione:(978)741-1800"Fax:(978)7454343 Caro TMS®2011 71.-:Lauriers htu•-'cipal Solutions,la l' Page 1 of) i ,T' Northeast Housing Court 11 July 2011 Fenton Judicial Center 2 Appleton St. Lawrence MA 01840 Harrell plaintiff pro se V Caritas/CTI l OH77CV000176 PLAINTIFF HARRELL'S SUBMISSION OF DOCUMENTS per order of JUDGE KERMAN given at SALEM SESSSIONS, July 6th , 2011. Exhibit"A" is a repeat of the one given to the judge last Wednesday, July 6a'. It is a part of this submission because it is convenient. Though the entire public record points to the same conclusions, this document lays out the entire matter in one. It clearly shows the State's knowledge, a year in advance, of the fact that it was entering into a conspiracy with known felons, Timilty and D'Avolio of LHAP, with Winn as architect of the crime; to defraud its own citizen's of millions of dollars. That they did it to cover up a previous fraud of the State's own making is also made clear. All the parties are named and the motive, and the method. It is the method that is of particular interest to the Plaintiff, since the fraud necessitated the deliberate, ruthless and inhuman treatment of so many disadvantaged citizens, including the plaintiff. It also demonstrates that all parties knew full well the difference between the fraudulent representation of"SRO" and the proper "apartment" standard. Exhibit B is a financial history of the City's involvement with the building, 117 Lafayette St., the subject of this action. It shows the City to have been in the same embarrassing circumstance as the State with regard to this building. The $600,000 is not amortized but amounts to a gift on Assignment from the City to the landlords, Timilty/D'Avolio/Winn and current landlord, Defendant Caritas, of nearly $2,000,000. No records available to explain it. This document speaks to motive and all other City documents show the City in complete congruence and paralleling the State's fraudulent actions in lock step. Exhibit C is the first time the City Health Department committed to writing that it was using a fraudulent standard to do its inspections continually until this year. It shows Health Agent Greenbaum claiming the same fraudulent standard outlined in Exhibit A. Mr. Greenbaum, when confronted by the Plaintiff, has now disavowed this and has claimed since February of this year that the City will now be applying the correct standard of"apartment" requiring 150 square feet of floor space that DOES NOT INCLUDE the floor space of bathrooms,hallways, closets, etc.. However, Mr. Greenbaum later admitted that since this disavowal he has indeed measured a sampling of units, including the former residence of the Plaintiff, unit 4321, and found them all to be i compliant at approximately 160 square feet. He also admitted to Plaintiff that though he was now using the correct standard,he was submitting fraudulent measurements by including bathrooms, etc.. Exhibit D is an e.mail string initiated by Plaintiff. It shows that Plaintiff advised all parties in government of the noncompliance of the building in 2008. It also shows Matthew Judge, head of inspections for DHCD,repeating the fraudulent mantra of SRO ten years after its inception. He clearly states his knowledge that the units have kitchens and baths, making them wholly illegal by definition of 24 cfr and 105cmr. It also demonstrates the DHCD's clear interest in libeling and maligning the Plaintiff and the other tenants. Clearly working in the interests of the landlord and his own institution, Mr. Judge tries to prejudice other Departments of government regarding the public and the tenant-citizens. Exhibit E is lately generated. It is the first time in the City's or the building's history that a unit was given an honest inspection as to minimum square footage. The tenant reports that he was only able to force an honest inspection by holding copies of the law and regulations in his hand and confronting Mr. Greenbaum as he again tried to use fraudulent measurements by measuring bathroom, hall, etc. First fair inspection and it fails badly. It can also be safely concluded from this document that units 319 and 419 are equally noncompliant since all three residential floors share the same geometry. AND since unit 219 is along the length of the building, not on a corner,the entire building and all its units stand condemned, as well. All of the units not on a corner share the same dimensions as to the outside wall of the building and the straight interior corridor. And since the windows of the building are evenly space and the residential footprint is only 53 feet in width, it can be demonstrated to a near perfect certainty that not one unit in the building is anything even close to compliant. This same conclusion can be made irrefutable with an honest measurement. If Exhibit E's order is going to be honestly carried out,then Plaintiff expects it to have noticeable effect on these proceedings. There is a larger issue in this that needs to be addressed. When a citizen is the victim of a crime that is committed by its own government,to whom does he turn? Plaintiff has been obliged for over three years to report the crimes committed against him and the other tenants and the public at large,to the same people that committed the crime. It only remains to be seen if this corruption carries over to all departments of government. To see if the State apparatus is capable of policing itself, of governing itself. Richard Harrell plaintiff pro se 2 Heritage Dr. #23 Salem MA 01970 978-740-9338 copies first class to: Magistrate Defendant attorneys Allard and Bourbeau Quinten Dale, AG's office Paul Halfinann, MDPH BY HAND to: Mayor Driscoll, Salem Building Commissioner, Salem Health Dept. Salem CITY OF SALEM COp a PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET♦SALEM,iMA.CSACHUS=. 01970 1x[.:978-745-9595♦ FAX:978-740-9846 August 23, 2007 Caritas Communities Suite 300 150 Wood Road Braintree, MA 02184 RE: 117 Lafayette Street Dear Property Owner; A recent inspection of 117 Lafayette Street identified problems with the masonry exterior. The two sides and front of the building have brickwork which needs to be repointed. Also, there are some lintels and or precast concrete that needs to be inspected by a qualified individual (i.e. structural engineer)to determine the repair needs. The Massachusetts State Building Code, 780 CMR, Section 103 requires the maintenance of all sections of a building. Please contact this office upon receipt of this to discuss your plan to address the masonry repairs. Sincpeir, /Z-7,. Thomas J. St. Pierre Building Commissioner/Zoning Enforcement'Officer Director of Inspectional Services CC: file, Health Dept., Fire Prevention, Councilor Corchado F111Caritas Communities 1:11 Affordable housingfor working individuals uu 09/14/07 Thomas J. St. Pierre Building Commissioner/Zoning Enforcement Officer Director of Inspectional Services City of Salem Public Property Department 120 Washington St. Salem, MA. 01970 Re: 117 Lafayette St. Salem MA. 01970 Dear Mr. St.Pierre; This letter is in response to your letter dated 08/23/07 about the repairs needed at the Lincoln Hotel in Salem, Ma. We are pleased to announce that we've selected RTP/ Killelea Associates, Inc. of 916 Pleasant St. #1 Norwood, MA. 02062 as our contractor to do our spot pointing and masonry work on the Ward St. side of our building. R.T.P. will also examine the other sides of the building for future masonry repair work. After speaking to Mr. Bob Bonica, P.E. of R.T.P. we are looking at start up dates at the end of September or the end of October . We should be making the decision on the start up date next week. Before the work begins R.T.P. will contact your office for the proper permits. If there's any further information you require please feel free to contact me here at our main office. We do take great pride in our buildings and we always try to keep them in excellent repair for our tenants. We also take pride in being a good neighbor in the communities that our buildings are located in. slly Y7rs1�5 Joseph A. Jackson C �� Property Manager Caritas Communities CC: Tom Nee, Director of Property Management David Ouellette, Inspector, C.T.I. A nonsectarian, nonprofit developer and manager of lodging houses. 150 Wood Road • Suite 300• Braintree, MA 02184 Ph: 781.843.1242 • Fx: 781.356.1770•Web:www.caritascommunities.org a 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 February 6, 2006 R. Tyler Macallister Nextel Communications 40 Hartwell Avenue Lexington, MA 02421 Dear Mr. Macallister; An application package was received by mail at this office regarding an emergency generator to be installed in the alley behind 117 Lafayette Street. First, this office does not accept application packages via the mail, these need to be hand delivered to this office. Second, after reviewing the enclosed documents in has been determined that this application will be denied, based on the location of this equipment within an egress area, and the close proximity of this equipment to the adjoining property lines. Further, within our Fire Prevention Office, there is a concern that the placing of this equipment in this area will present a problem with firefighting operations in the event of a fire in this structure. If you have any questions regarding this decision please contact this office at (978) 745-9595, ext 380. Sincerely, 0 h & Barbeau, Jr. Assistant Building Inspector CC: file, Fire Prevention 4 s 7 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 CITY OF SALEM,MASS, ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 December 29, 1988 Lawlor Corporation 407 Mystic Avenue Suite 34B Medford, MA 02155 Attention: Al Rozumek, General Superintendent Re: Lincoln Hotel Dear Mr. Rozumek: On December 29, 1988 inspection was conducted by the City of Salem Health Department of the Lincoln Hotel, (Units 201 thru 221, 301 thru 321, 401 thru 421) , located at 111-123 Lafayette Street was as required by the City of Salem Building Department 's Certificate of Occupancy. The permits (63 Units, 1 common area) were signed with the stipulation that each unit must be inspected by the City of Salem Health Department and certified prior to allowing occupancy in accordance with Chapter 2, Article XIII of the Salem Code of Ordinances of 1973, Sections 2-344 , "Certificate of Fitness". Enclosed please find an application for the Certificate of Fitness and other pertinent information. Kindly contact this office to schedule inspections prior to occupancy. The Health Department appreciates your anticipated cooperation in this matter. If you have any questions please contact this office . FOR THE BOARD OF HEALTH t A -a R�RT E. BLENKHORN, C.H.O. HEALTH AGENT REB/m cc : William H. Munroe, Building Inspector Gerard Kavanaugh, City Planner Eisenberg Haven Architects, Inc. 123 North Washington Street Boston,Massachusetts 02114 617-227-1100 FAX 617-227-1086 January 15, 1998 Mr. Kevin Goggin, Building Inspector City of Salem 1 Salem Green Salem, Massachusetts 01970 RE: The Lincoln Hotel Laffayette Street Salem, MA Dear Mr. Goggin: Because each rental room or apartment contains cooking facilities they are by definition a dwelling unit and therefore we believe that the Residential portion of the building is an R-2 Use- Multiple Dwelling. The Ground Floor in this mixed use complex is Use Group B - Business and Use Group M - Mercantile. All permits for construction should be issued accordingly. Yotirs.XT truly, Richard E. Brimle cc: Keith Construction, Inc. Winn Development Company Architecture • UrbanPlanning • Interior Design • Landscape Architecture . Building Evaluation _ P " I INSPECTION AND SERVICE REPORT P.O. BOX 263 • EAST WALPOLE, MA 02032 No. 4063 781-551-9978 • FAX 781-551-9987 CUSTOMER: C Complete El Contract L i�9co/h _ ADDRESS: ❑ In Progress ❑ Extra moi`/ 5 a 40 i4 ❑ Incomplete ❑ Warranty PHONE: DATE: JOB #: ❑ Parts on Order ! DESCRIPTION OF CALL: Customer's P.O. It: 041b / YEAR EQUIPMENT MFG. MODELI ccplpL # COMBUS. ANALYSIS GAS OIL Stack Temperature CO 2% 02% DESCRIPTION OF WORK PERFORMED: CO% f Smoke JJ � - y [[ / Draft �C. _A lir° yr .. ,✓pec 4l 14 /11,15 v✓71 //S Comb. Efficiency % NAME REG OT a 303 U e2 S EQUIPMENT CHARGES: -- OFFICE USE ONLY P.O. NO. QUANTITY MATERIALS COST Total Materials Regular Hours @ ..J Overtime Hours t— Trip Charge __© y Mileage �._ C> Tax r*t TOTAL i Cn m rs Vignature ❑ Unavailable for Signature 1 Hour minimum billing. Terms net 15 days. FROM SUPERIOR, PLUMBING INC PHONE NO. 6174612971 Mar. 24 1998 03:15PM P1 FAX COVER SHEET Superior Plumbing 169 Jefferson St. Dedham,MA 02026-5026 (781)461-1541 FAX(781)461-2971 END TO Company name mm . Plumbing Inspector's Office AME F-- At<S71ionUffre dv, Dennis Ross 324/98 ls.l L4ER9 Jacauen amce location - 0 0 IenS" DEDHAM rax nniuu �iPhone number Q —7�i_Cl,744"5918 781)461-1541 LX't> `� ,rgimf - ❑Reply ASAP Please comment Please review ©For your Information m L• Total pages,including cover. 1 COMMENTS The following units have been signed off. . . .. . ........ ..... ..... .....,...�. . .......... 4th floor 420,404 405 406,407 416 412&418 .. .. . . ...........................��,......_.........................,.............,.,..,........�,...�.._....._............ 3rdfloor 321,303,305,307,315,314,311 &313 2nd floor,.. ... .. ..... .... 211,214 209 215 218 206,219 204 220 202 203 8 201 _.__._.._. ............. .. . .. ......... ., . .. .......... .........,.... _...�.........,,...... _............. .��................,................................................... �,.,,,,..................................................._.._....... .1 ...........................,.... ....,....,.,... .................................,...............,..............................................................................................,,.,,....................................I............,........._...._._ ................._.....................-........................._..,....,.......................................,..,.............................. _._.............._........_................�....,..._........... .,..,.. ..........................,,.,,.................................._.._..._..._..............,..............................__...-....._......... ..,.....,......................................�...........,.. _.............................,. ................................................._...,......., .........................................................................................,......,.........,.,,....,..,, __........ ...._....................... .... ......................._...........................................................................................,... �.,.......... ......... ................................_..........................,... ...............................................,..........,.............................__.......� �.�...........,........... ................_...............,........,...............................,,...._-_...................._... ......................I.....,_....... . ...I.-.............. ..............................._..,..,..............._._..............................................,.............,....................,........,.....................,,,......,...................................................... _.........----.._....-...........__..._._._.............................................................................-.....................__..._............,.,,,,..............................._... . ...-- ....._.._............................�,...,- ....................-.....................................,.........................................................................,...............,... .........- ...._....._............................_....._................., ..........................._...................,,............................,....._..._.....................,..... _..................._......_�. ...............................................................,..,..... ...................................... ...........,........,_...................,.....,.._.................. ._..._._._. _.............................................................................................. .. .............-....................................... .._...-................................� �.................. .... 11......... . ........... ............ ........- ... .......,... ......... .. ................,..,...,..,............ ....................._..................,........................._.................._._...._......._.................................,....................................,..........................................�.,.......... LAWLOR CORPORATION BUILDERS-ENGINEERS 407 MYSTIC AVE., SUITE 34B, MEDFORD, MA 02155 TEI:. 391-2715 December 22, 1988 City of Salem Building Department 1 Salem Green Salem, Massachusetts 01970 Attention: Bill Monroe RE: Lincoln Hotel Gentlemen: Please be advised that the basement area of the project titled Lincoln Hotel located at 111 -123 Lafayette Street , Salem, Massachusetts is to be unoccupied and has no use planned. Should you have any questions, please feel free to contact our office. Sincerely, LAWLOR COR/PIORATION Kenneth C. Murphy Project Manager KCM/jw ctn n m .Lo 44 ac .. wm fL�it� ofu1em, Cttssucl�usetfs t fNG oEPf FIRE DEPARTMENT-FIRE PREVENTION BUREAU December 29 , 1988 ; 5 48 Lafayette Street Salem,Massachusetts 01970 joa1ei PH TB p c6bW44V 6Qth the provisions of Chapter 148 G.L.as provided in Sec. 26C and/or 26F, smoke detectors have been G �rBf44 irktfitial and/or commercial occupancies. owner: Lincoln Hotel Association Limited Partnership (Full name of person, firm or corporation granter! pill Smoke Detectors have been installed and are approved for type and location as per current codes as of this date. _ SMOKE DETECTORS REQUIRE ANNUAL MAINTAINANCE AND CLEANING Type of 1^t RESIDENTIAL. Number of Dwelling Units 63 Occupancy �y7 Note: Condominium Units require individual L1 COMMERCIAL Certificates of Compliance. at _ 117 Lafa ette Street _ tGrve location by street and number,or oescrlbe In such a manner as to provide adequate Ide , tion of 1 /-Iion) ( 1 1 \, (sign,official granting-permit) NOTICE: Certificate is NOT VALID, for sale or transfer of real estate, 60 days after date of issue, rue) Farm 82( Rev. 10/86) C a � 1 1 1 December 30, 1988 Salem Building Inspector Salem, Massachusetts 01970 Attention: Bill Monroe and/or Jim Santos RE: Lincoln Hotel Residential Renovation Salem, Massachusetts The equipment in the new Mechanical Rooms has a 2500-1b maximum operating load. This load does not exceed the allowable limits of the building structure. Very truly yours, st�8�0 to A, 4�6 pip F. c<\��1. 4 � + w lo. 5259 0z ti v SOSTONi k *4 MASS. ,y Edward F. Clinton AIA �17H OF 1A ^t S � ;V "i rm c ,tea 2 G n 4'? Cn y O EFC:ln PAUL 1. CARROLL &ASSOCIATES ARCHITECTS 30The Fenway 8oston,MA02215 1632 Chimney House Road Reston,VA22090 MainStreet OUechee,VTO5059 6171266-1515 7031471-0551 8021295-3430 CON oRl Public Propertg PeparttucWv 7p 2 854 AN 88 �Jg6a�NME ap�n+~ �uilbiuq 39epartntent RECEIVED (One *nlenz (6reen CITY OF SALEM,MASS. 74i-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Ass't Inspector Zoning Enforcement Officer John L. LeC.lerc, Plumbing/Gas Insp. To Whom It May Concern: Attached hereto you will find a copy of an ordinance which became effective January 12 , 1987, regarding development inspection fees. Any developer who constructs, reconstructs or rehabilitates six (6) or more residential units or 10, 000 square feet or more of commercial space shall pay to the Building Department a fee for building, plumbing and gas inspections. The fees will be charged at the rate of Twenty and 00/100 ($20. 00) dollars per hour and will be due within thirty (30) days of receipt of the invoice. No Certificate of Occupancy will be issued by this Department until all outstanding inspection fees have been paid. The above fees are to be paid in addition to all other fees required under the Building Permit fee schedule in effect as of June 2, 1986. / De loper acknow, edges William H. Munroe ece pt of n e Inspector of Buildings + + City of Salem One Salem Green (hv,IAwr Salem, MA 01970 %eus . r-- ©`� � Uf✓�S/o r` C /N'p S' ar/�/�oJr� �pr `•p iy m^-r Gi i. r c �Q/S q r nd r� yr fi- lof Af/ooca� �r�� _ V P„�.`/Y /• 1e1 FSG �rpv„y f Arc/ !• S V (`• 1 ��. ,•.S Sr s�r� 6hi X � GQ4 �cgh slyer — fiJa� � P �SCiP - snG h /h �a Sa v.>tv /�!ip-�Yd.� slr amino �.o yU�s� •(i , own - Pah - C� '� CJ/� `/Jb� ^a.l>� — � �✓bJ I/ �9—. `,.CSI M IYI�to � (I -•'�I A, i a � � 'JULPy 5 CITY OF SALEM HEALTH DEPARTMENT C/TY(JF BOARD Of: HEALTH Sale-, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 751-1800 June 27, 1988 MR. ROGER L'HEUREUX 313 ESSEX STREET SALEM MA 01970 Dear Sir/Dear Madam: In accordance with Chapter 111, Sections 127A and 127B, of the Massachusetts General Laws, 105 CMR 400.000: State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation, an inspection was made of your property at 117 LAFAYETTE ST.—LINCOLN HOTETSalem, Massachusetts, occupied bThis inspection was conducted by ANTHONY R. 14INEO Salem Health Department, on .TUNE 24 1988 AT 1:30 P.M. BASED ON AN INSPECTION CONDUCTED IN THE COMMON AREAS OF THE LINCOLN HOTEL, THE FOLLOWING WAS NOTED: YOU ARE HEREBY ORDERED TO TAKE THE FOLLOWING ACTION WITHIN 24 HOURS OF RECEIPT OF THIS ORDER: FLOOR 1 No toilet tissue is present in common toilet rooms. EGRESS (RIGHT) Door has broken glass which may endanger the occupants. YOU ARE HEREBY ORDERED TO TAKE THE FOLLOWING ACTION WITHIN 72 HOURS OF RECEIPT OF THIS ORDER: BASEMENT Inadequate lighting of stairway and entire basement. Stairway (steps) in disrepair and unsafe. EXTERIOR REAR Shed in rear alley must be secured. "age 1 SALEM HEALTH DEPARTMENT I `lge 2 or 3 _------- rW,; 9 North Street 'Tenant (s)COMMON AREAS r;,... Salem, MA 01970 Property in Salem at 117 LAFAYETTE ST. LINCOLN HOTEL To: MR. ROGER L'HEUREUX 313 ESSEX STREET SALEM, MA 01970 VIOLATIONS (continued) ,EXTERIOR REAR - CONT. (72 HOURS) Inadequate covering or deep structural indentations along the rear of the building, creating an unsafe condition for the occupants and general public . Misc. debris is scattered in this area. FLOOR 1 Ballusters in stairway ( 1st to 2nd floor left) are in disrepair in front of window area. Misc. debris is scattered on this floor. Paint is peeling from the ceiling in several different locations. GENERAL Evidence of cockroaches. Must employ a licensed exterminator and provide a copy of a work receipt to this department. Emergency lighting in question. Unable to verify whether or not emergency lighting is operable. No posting of owners Name, Address, and Phone Number is located in the common areas. YOU ARE HEREBY ORDERED TO TAKE THE FOLLOWING ACTION WITHIN 30 DAYS OF RECEIPT OF THIS ORDER: Misc. debris is scattered throughout basement which may create a fire hazard. Asbestos pipe and boiler covering is in disrepair. No work/removal of this may take place without contacting this department with a plan of removal, contractor, and landfill at which the asbestos will be disposed of. Vent stack is in disrepair. All rooms and doors to the 3rd floor have been secured and locked. The circuit breakers are all "off". Nobody presently lives on this floor. Doors to 2nd floor have been secured and locked, however, the circuit breakers are "on" and therEL is no common area lighting in operation. SALEM HEALTH DEPARTMENT Page 3 oI 3 `a •19 North Sheat Salem. A1A 01970 'Pcnant (s) COMMON AREAS_ 1'1u,porty in S.11cm To: MR. ROGER L'HEUREUX 117 LAFAYET_TE_ST_._______ 313 ESSEX STREET LINCOLN HOTEL SALEM MA 01970 VIOLATIONS - CONTINUED FLOOR 2 CONT. 30 DAYS ** "Many rooms are not locked and furniture along with other mise. debris can be found in several rooms. EGRESS (FRONT) Repair front lock. Installation of an electric striker mechanism is required. The door .must be weathertight. fi* REFERRED TO FIRE PREVENTION ONE OR MORE -OF THE ABOVE VIOLATIONS MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH, SAFETY AND WELL-BEING OF THE OCCUPANTS. 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 jn writing in the office of the Board of Health within seven (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: ROBERT E. BLENIOIORN, C.H.O. ANTHONY R. MINEO Health Agent CODE ENFORCEMENT INSPECTOR Certified Mall 0 Q 7P3 (��19 SCf39 ARM/b enc. InapectiQ9 Report cc: Tenant_ d Bldg. Inspector Electrical ti apector Plum6f0g 6 Gas Inspector ��` Fire Dept . City Counci Lor w, il R ODS il r il n v v il y Western Surety Company o , v R n e v v n R il R il LICENSE AND PERMIT BOND r (For County,City, Town or Village Only) KNOW ALL MEN BY THESE PRESENTS: BOND No. L& P. 40545367 h That we, LAWLOR CORPORATION il il of the CITY of MEDFORD State of MASSACHUSETTS as Principal, and the WESTERN SURETY COMPANY, a Corporation duly licensed to do business in the State of MASSACHUSETTS as Suret are held and firmly bound unto the CITY of SALEM State of MASSACHUSETTS , Obligee, in the penal (Valid only when a County, City, Town or Village is named as Obligee) sum of TEN THOUSAND DOLLARS (g 10,000. ) DOLLARS, (NOT VALID IF FILLED IN FOR MORE THAN$25,000.00) lawful money of the United States, to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves and our legal representatives, jointly and severally by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas, the said Principal has been licensed AS A CONTRACTOR by the said Obligee. NOW THEREFORE, if the said Principal shall faithfully perform the duties and in all things com- ply with the laws and ordinances, including all Amendments thereto, appertaining to the license or per- mit applied for, then this obligation to be void, otherwise to remain in full force and ffect for a period commencing on the 31st day of AUGUST 19 86 and ending on the 31St day of AUGUST , 19 89 ,unless renewed by continuation certificate. This bond may be terminated at any time by the Surety upon sending notice in writing to the clerk of the Political Subdivision with whom this bond is filed and to the Principal, addressed to them at the Political Subdivision named herein, and at the expiration of thirty-five (35) days from the mail- ing ofq�csaidt"�Q"t1�e this bond shall ipso facto terminate and the Surety shall thereupon be relieved from 6 klfngg �� Y P anyy4hability-T r any'racts or omissions of the Principal subsequent to said date. 31stda Y of AUGUST , :x. a Principal o` Principal Counters edtu W E S T E Y C M P A N Y By l By ident gent r ident KNOWLEDGMENT OF S RETY ; STATE OF SOUTH DAKOTA l (Corporate Officer) County of Minnehaha }ss On this 31 St day of / AUGUST 19--P,before me, the undersigned officer, personally appeared Joe P. Kirby who acknowledged himself to be the aforesaid officer of the ; WESTERN SURETY COMPANY, a corporation, and that he as such officer, being authorized so to do, executed the foregoing instrument for the purpose therein contained, by signing the name of the corporation by v himself as such officer. ^ IN WITNESS WHEREOF, I have hereunto set my hand and official seal. c D.KRUL n / ^ NO,as,PUBLIC p SOUTH DA%OTA sing Notary Public, South Dakota nir comm�ssmm e,pimil tt.ao.oz Y Form 849—4 85 m , m F , ACKNOWLEDGMENT OF PRINCIPAL y (Individual or Partners) F STATE OF F ss County of F e On this day of 19 ,before me personally appeared F ° F , F F F ; F u L F known to me to be the individual_ described in and who executed the foregoing instrument and F 9 acknowledged to me that_he_ executed the same. My commission expires 19 Notary Public ACKNOWLEDGMENT OF PRINCIPAL (Corporate Officer) STATE OF ss County of On this day of 19 ,before me, personally appeared who acknowledged himself to be the of , a corporation, and that he as such officer being authorized so to do, executed the foregoing instrument for the pur- poses therein contained by signing the name of the corporation by himself as such officer. My commission expires 19 Notary Public C nZ F F `E y " W ro F z AZ a EZd 0 230 F -^ Z r.> W ° U °a F o � Fti b F m r y�y CO D,4 Y DEPT 3 a = JUL 25 8 3G CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH P�C E I VE D 9North Street CITY O MASS. ROBERT ROBERT E. BLENKHORN Salem, Massachusetts 01970 HEALTH AGENT 508-741-1800 July 24, 1991 Trish Kirby The Gatehouse Group 313 Congress St. Bostin, MA. 02210 Dear Ms. Kirby, RE: Lincoln Hotel Due to complaints received by this office on July 23, 1991, about excessive heat, an inspection was conducted on July 24, 1991 at 8:00 am. by Health Agent Robret E. Blenkhorn C.H.O. and Code Inspector Pablo Valdez accompanied by Trish Kirby and Gerald Zais from The Gatehouse Group. The following was noted: Hallways and stairways reached temperatures of 87 to 92 degrees Fahrenheit. We are refering you to the building and fire prevention inspectors for their assistance in rectifying the above situation. Please respond to this office within seven (7) days of receipt of this letter with information of action that is/ or has been taken. Thank you for your cooperation in solving this matter. If we can be of any assistance in this matter please contact this office. Very truly yours, FOR THE BOARD OF HEALTH Robert E. Blenkhorn C.H.O. Health Agent REB/NAM Enclosure 1 CC: Fire Prevention Building Inspector Certified Mail P 417 244 007 AJ MECHANICAL CONTRACTORS, INC. Plumbing•Process Piping•Heating Oily April 17, 1989 Lawlor Corporation 407 Mystic Avenue Suite 34B Medord, MA 02155 Re: Lincoln Hotel, Salem Attn: John D. Kenny Gentlemen: Upon returning to the job on many occasions, it was brought to my attention that the shower valves that were set for 110-112 degrees F. of water, were being changed by the superintendent. These valves were all set and approved by the Salem Plumbing Inspector. Therefore, A J Mechanical Contractors, Inc. relieves itself of all respon- sibility of anyone being burned or injured. Sincerely, Donald R. Byor>r Vice-President DRB:ah cc: City of Salem Plumbing Inspector Certified Mail 10 BENTLEY STREET • SALEM • MASSACHUSETTS • 01970-5213 . 744-9233 O ( 9 7 U J i d-O- � - u. I JUL 2 3 1991 QTY OF SALEM " ,ACTH DEPT' i i I LAWLOR CORPORATION BUILDERS-ENGINEERS 407 MYSTIC AVE., SUITE 34B, MEDFORD, MA 02155 TEL. (617) 391-2715 FAX # (617) 391-1281 August 28, 1991 CA, Building Department �n '— City of Salem One Salem Green „ Salem, MA 01970 CO Z. Attn: Bill Monroe , Re: Lincoln Hotel rn Gentlemen: I have just been informed by Ed Clinton that your office somehow believes that Lawlor Corporation was involved with the construction of the first floor stores at the Lincoln Hotel . Please be advised that Michael DeVolio of the development company decided that he would contract this work himself or through another contractor. Please be advised that the completion of the handicap bathrooms were to be Michael DeVolio's responsibility. I hope this sheds some light on the situation. Please call if you have any questions. Sincerely, LAWLOR CO P TION Carl Dumas President COD/sfw s51 ° a�P Citp of *aiem, ,laggacbUottg �l no Public Propertp Mcpartment �3uilbing (Department One fbalem Oreen 745-9595 CXt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer August 31, 1989 Mr: Michael D'Avolio 199 Revere Street Revere, MA. 02151 RE: 111-113-115-117 Lafayette Street Salem, MA. Dear Mr. D'Avolio: This office has left numerous telephone messages with your office to contact our office, which you have failed to do. There are violations of the Massachusetts State Building Codes with the above referenced properties. The following cannercial areas are in violation. 1) . No sprinkler plans submitted to Fire Prevention for the rear of 111-113 Lafayette Street. 0'/L Fixi-r FLq"J,- 2) . No plumbing permits were obtained. 3) . Partition closed without having been inspected. 4) . No Certificate of Occupancy issued for 115 Lafayette Street which is now occupied by tennants. /^_ p w +'q 3 N o C.0•) Also, in the hotel area, handicap units have not obtained a Certificate of Occupancy for roan numbers 221, 321, and 421. You have seven (7) days upon receipt of this notice to correct the above listed violations. Failure to do so will result in this office taking legal action aginst you. Violations of the Massachusetts State Building Codes are subject to fines, imprisonment, or both. /J Sincerely, aures D. Santo Assistant Building Inspector c.c. George A. Nowak Fire Prevention City Solicitor eat,R� OF AFPEaLs JAN �I a 02 8`CEi F}1�,PIASS. CITY OF 5A_ 104A Lafayette Street Salem, MA 01970-3625 June 4, 1987 Mr. William H. Munroe, Building Inspector City of Salem, Massachusetts One Salem Green Salem, Massachusetts 01970 Re: 72 Ton Cap. Machines (2) operating on 2nd•Sloor of 4-story bldg. at 102 Lafayette St: Bldg. 'owned by Jeanne Realty, Lynn, MA. Formerly owned by B &•L Realty, Swampscott, MA. Permit No. 579, 11/26/1984. ° k Dear Mr. Munroe: I have told Mr. Lou! Mroz,' Mayor's, Assistant, about the personal torment I have received, and 4e are receiving at all hours of the day, each day of the week, •as a result of the op- eration of these machines. They.are'in the wrong place. - � a Mr. Gerard Ouellette, of Ouellette Realty Corp., is as angry as I am about the'Qtinu.ous, monotonous noise merely 10, from the licensed occupied irooms' of.his lodging house. He wants the machines removed. I want the machines'removed.. 'IA hearing has been scheduled by the Clerk, Salem District' Courty for, June 15;. 1987, at 10:45 a.m. on this matter. Fn ruly y�urs, LC o A. Costa DENSITY REGULATIONS SECTION VI U i. TABLE III B-5 DENSITY REGULATIONS No Residential Nm Residential Residential Uses or Residential Uses or Uses-Existing Uses New Combined Residential Combined Residential Building Construction h Nonresidential Uses- do Non Residential Uses Existing Buiding(1) New Construction (1) 1. Minimum Lot Area(sq.ft.) 2,000 - 2,000 2,000 2,000 2. Minimum Lot Area per Dwelling Unit — — — 500 3. Minimum Lot Width(ft.) 30 30 s/ 30 30 6. Maximum Lot Coverage by all Buildings(%) 100 50 100 50 3. Minimum Width of Side Yard(1t.) — 3 — 5 6. Maximum Height of Buildings(ft.) 70 70 70 70 7. Maximum Height of Buildings(no.o1 stories) 6 6 6 6 3.Maximum Height of Fences h Border- -. 1n6 Walls 10 10 s/ 6 6 9.Minlewm Distance Between Buildings ((( - U more than one(1)an a lot V/Distance equal to the hei# o1 the taller building(2)/J/Ci r 10.Floor Area Ratio 6:1 3:1 (3) - 6:1 3:1 (1)Where residential use comprises 25%or less of the total building area,the tions for non-residential uses shall apply. (2)This distance may be reduced to a distance which is sufficient to provide a to light,air,and access,subject to the approval of the Planning Board. There shall be no requirement for individual row houses sharing a party wall. (3)May be increased up to 6.0:1 for buildings predominantly characterized as 50%open automobile parking structures. i c .J 7C 1 ` SUPP(LIMEI*AkYliEGULATIONS SECTION VII USE AUG 8 52 Ay atr REQUIRED PARKING Profession;alv6piI)ices , medical One space for each professional and de09ar2-3Fc5liNi&9,SS• person, plus one space for each two other employees, plus two additional spaces for each professional person in the case of medical or dental clinics. Wholesale merchandise brokers , One space for each company vehicle , service industry establish- plus one space for each two employ- ments, such as plumbing, ees, plus one space for each one carpentry, sheet metal , and thousand square feet of gross floor printing shops , warehousing, area of the building, excluding and industrials uses . storage area. "Non-residential uses in the B-5 District shall not be reouired to provide off-street parking since the community will accent the responsibility for non-residential parking in this district . Nets residential dwelling uses in the B-5 District shall provide parking in accordance with the following schedule: 5 The parking requirements for the B=S District will be as follows : a. Provisions shall be made for not less than one (1) parking space per dwelling unit for existing buildings and one and one half ! (1k) parking spaces per dwelling unit for new construction. b. The parking requirements for rehabilitated buildings may be accommodated by either one or a combination of on-site parkinn , and/or parking at municipal or other parking facilities in ha vicinity of the proposed us-e.. C. The parking requirements for new construction shall be accommo- dated by on-site parking. d. All land parcels along the north bank of the North River , speci- fically parcels 400, 401, 402 , 403 , 404 , 405, 406, and 407 as described on Assessors plate 26 shall be required to provide 1� parking spaces per unit. Such spaces shall be on-site. (This provision supersedes all other provisions of Section VII Article C Number 6 . ) e. All municipal or other parking facilities which are used to satisfy the parking requirement must meet the following criteria : 1 . Parking facility must be less than 1, 000 feet from the proposed 4 development, distance to be measured in a straight line from the two closest points between the proposed use and the parkinq ' facilitX. 1' 50 SUPPLEMENTARY REGULATIONSSECTION VII f. If using a municipal facility, owner must purchase parking stickers to satisfy the parking requirement. g. In contrast to all other defined housing types built under I the jurisdiction of the Salem Housing Authority for elderly and/or handicapped person shall require one third (1/3) parking space per dwelling unit. 7 . After the effective date of this Ordinance, any. parcel of land which is developed as a parking area for ten or more vehicles or as a drive-in business or automobile, trailer , or boat - sales or service establishment shall be developed as follows, subject to the approval of the plans thereof by the city Engineer. a. Such area, where subject to wheeled traffic, shall be treated with bituminous concrete or equivalent surfacin.g and shall have appropriate bumper or wheel guards where needed. b . A solid wall or fence or compact evergreen J. screening five feet high shall be erected along all property lines abutting residential uses . Yi i, c. Any light used to illuminate said _parking area shall be so arranged as to 'reflect light away is from adjoining premises and streets. i'. I { o 4� Ca �� vl J• �O iL1 51 DODGE cc c., sr. T - n �JG q 8 52 AN '86 ... cn RECEIVED C7l " N vy CITY OF SALEM, PASS. '4 uoe - -- � , zo-4 X95_ /J ?� D W �1 o r ;�,� a sod o✓d ,; � � E— � w a M JFM; v o B ,r. W {' JAMES 4G . V C^ .�lo VAFIADE9 Q p¢EA 9i i,i.. , No.8703 w - N moo_ o \ 1 IV/'r 0 '/3,el En/ K/M 73q LL CoRNc2 or GARAGE Ervc(Zo ACNES 3 ' i /a CGO¢OiNG TO 066n o/5 7�'CE _ - NOTE'. THIS PLAN WAS DRAWN FOR MORTGAGE PURPOSES ONLY AND IS NOT TO ' 3v BE RECORDED, OR CONSTRUED AS AN INSTRUMENT SURVEY. MORTGAGE SURVEY OF LAND DEED REFERENCE .- - - IN ,h PLAN REFERENCE MASS. I CERTIFY THAT THE STRUCTURE ON THIS^PLAN IS LOCATED AS SHOWN AND THE ��L _�� / LOCATION CONFORMED TO THE ZONING LAWS OF THE CITY OR TOWN OF WHEN CONSTRUCTED. - 5 S G X COUNTY -I HEREBY CERTIFY THAT THE STRUCTURE SHOWN ON THIS PLAN DOES NOT LIE SCALE: 1 " 30' O v i�Ji`'I/1 I WITHIN THE SPECIAL FLOOD H42ARD AREA AS SHOWN ON THE F.I.S. MAPS FOR THE CITY OR TOWN OF .. . .. - . I CERTIFY THAT THIS INSPECTION WAS PERFORMED IN ACCORDANCE WITH THE JAMES C. VAFIAD ES—REG. LAND SURVEYOR TECHNICAL_ STANDARDS" FOR MORTGAGE LOAN INSPECTIONS AS ADOPTED BY TH( MA,, A('HLI'.r-TT'. ATll-n! OF I '-NP �,ND rIVII F-NnINFFRS. 256 WORCESTER LANE, WALTHAM, MASS. INt' TINTI, QUINN & SAVOY 222 ESSEX STREET SALEM,MASSACHUSETTS 01970 WILLIAM J. TINTI WILLIAM F. QUINN August 1, 1986 (617) 745-8065 RICHARD E. SAVOY (617) 744-2948 PETER R.MERRY Mr. William Munroe, Building Inspector & Zoning Enforcement Officer City of Salem 1 Salem Green Salem, Massachusetts 01970 RE: 98-102-Lafayette Street, Salem, Massacb_..setts Dear Bili : The owner of the above-referenced property filed an application for a variance from parking requirements under the Zoning Ordinance dated April 8, 1986. The application specifies that the property is located in the B-4 District. The applicant appears to be incorrect. On July 1, 1985 the City amended the Zoning maps to rezone the area in which the property is located from B-4 to B-5 . Assuming that the relevant density and parking regulations for this existing building are set forth in Section VI Table III , and Section VII , page 50-51, it would appear that the owner must provide one parking space for each of the proposed additional two (2 ) dwelling units. The Ordinance provides that this requirement may be met by the purchase of parking stickers purchased for a municipal parking facility within 1, 000 feet from the proposed units. Would you kindly review the Ordinance and advise me if you agree that the application has incorrectly identifies thethe zoning district in which the property is Located, and, if you agnea that the owner may con77ert a. p�?rti.r..n of the existing commercially utilized space for two dwelling units provided that he has additional parking available on site or obtains the required parking stickers for amuniciaally� owned lot. = UD -C i= — Thank you. ,n - cn c� Co r-; z Very truly yours, Richard W. Stafford RWS/skg MUNROE/LTR t°r t AMER¢CAN MANUFACTURERS MUTUAL INSURANCE COMPANY (� {ong Grove, Illinois 60049 1 1 GROUP POWER OF ATTORNEY Serial No. A 303420 Dated v KNOW ALL MEN BY THESE PRESENTS: That the AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and having its principal office in the Village of Long Grove, Illinois, does hereby appoint its truea MWyr(s)a•SIi Mi ,pkftxeQGu"tj.$g»I$,si tfdelq uSin�i4e9fbrarj�,l5� 0fkeofissuanceof this power and ending December 31, 1992, unless sooner revoked for and on its behalf as surety, and as its act and deed: ADMINISTRATORS & EXECUTORS BONDS, provided the amount of no one bond exceeds $50,000 when bond amount is double the , appraised value of all personal property of the estate, otherwise$25,000(NO AUTHORITY granted where estate involves a going business or where Principal had prior custody of assets or where Principal is indebted to the estate or where a bond was previously filed for the same estate); LICENSE & PERMIT BONDS, provided the amount of no one bond exceeds $10,000 (NO AUTHORITY granted for,bonds involving financial guarantees, credit guarantees or the payment of taxes); PUBLIC OFFICIAL BONDS, provided the amount of no one bond exceeds sir $10,000(NO AUTHORITY granted for bonds covering Sheriffs,Constables and other Process Serving Officials); PLAINTIFFS COURT BON,DS "k such as Cost,Removal,Replevin and Attachment Bonds,provided the amount of no one bond exceeds$5,000;(NO AUTHORITY granted for any bond where Defendant is the Principal); LOST SECURITIES BONDS provided the amount of no one bond exceeds, $5,000. (NO AUTHORITY granted for any bond covering bearer or negotiable instruments.) NO FURTHER AUTHORITY GRANTED. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF DECEMBER 31, 1992. IN TESTIMONY WHEREOF,the AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officers as of the date of this issuance. Attested and Certified: AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY / i:;:5:.ei:ci:",Via;•, N. J. Zarada, Assistant Secretary By STATE OF ILLINOIS G. H. Kasbohm, Vice President COUNTY OF COOK I,Marshall G.Popp,a Notary Public,do hereby certify that G. H. Kasbohm and N.J.Zarada personally known to me to be the same persons whose names are respectively as Vice President and Assistant Secretary of the American Manufacturers Mutual Insurance Company,a Corporation of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed,sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary act for the uses and purposes therein set forth. F( , My commission expires: December 29, 7990 ,\ jj//S//�NPLI 6\1s. Marshall G. Popp, Notary Public CERTIFICATION I, Lee B.McClain,Secretary of the American Manufacturers Mutual Insurance Company,do hereby certify that the attached Power of Attorney is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate;and I do further certify that the said G. H. Kasbohm and N. J. Zarada who executed the Power of Attorney as Vice President and Assistant Secretary respectively were on the date of the execution of the Attached Power of Attorney the duly elected Vice President and Assistant Secretary of the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the American Manufacturers Mutual Insurance Company on this day of 19_. Lee B. McClain, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind the Company except in the manner and to the extent herein stated. PRODUCERS SPECIAL POWER FIDUCIARY—DOUBLE LIMIT FN 733-5 PRINTED o 0s.A. r This Power of Attorney is executed by authority of a resolution adopted by the board of Directors of said AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY ON May 20, 1981 at Long Grove, Illinois, a true and accurate copy of which is hereinafter set forth and is hereby certified to by the undersigned Secretary or Assistant Secretary as being in full force and effect: VOTED, That the chairman of the board, the chairman, the president, or any vice president, or their appointees designated in writing and filed with the secretary, or the secretary-shall have the power and authority to appoint agents and attorneys-in- fact, and to authorize them to execute on behalf of the company, and attach the seal of the company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the company may appoint agents for acceptance of process. This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Board of Directors of the company at a meeting duly called and held on the 20th day of May, 1981: VOTED, That the signature of the chairman of the board, the chairman, the president, any vice president, or their appointees designated in writing and filed with the secretary, and the signature of the secretary,the seal of the company, and certifications by the secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the board of directors on May 20, 1981 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the company. e. 1" r Y W POWER OF ATTORNEY ' Know All Men by These Presents: (Irrevocable) BOND No. R- 402731 15 That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That Western Surety Company,a corporation, does hereby make,constitute and appoint the following -THRF �f� �--.�'- tit" -'= authorized individuals: AUTHORIZED INDIVIDUALS AUTHORIZED INDIVIDUALS iYf�brr i ( 1'R - t Y v f. \� /t ) 7��~� as i r :. ( AiSJu�M♦�+nAIAZ{Zggl�. Ii�tyl' q'� , � } ,,V r!� �2I7JX. ,1'y(}�BUC3Uq \ G.. 94wil -lAv U,,a-, VL��l tl��4*Y7" 41 � ) f5bn`P r � � .��a ,,�y�-Y t, t xlj r r� "t{ .�. ��h�� f/s. �) t\ ;x �l'♦ •�JYI 3 r ' 's rU � (ylb a ru t ii 1 ��•t�-p1f�r H\ E`` s v L' �' >, r 3J'iej. �(1 k �'n. t ; 11 �''�. in the City of WfIRf EST ER ,State of MAS SACH tISSETS ,with limited authority, its true and lawful Attorney(s) in fact with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, one of the following bonds. An ORIGINAL bond required by Statute, Decree of Court or Ordinance for: MAXIMUM PENALTY (A) ADMINISTRATOR REFEREE IN PARTITION EXECUTOR COMMISSIONER TO SELL REAL ESTATE PERSONAL REPRESENTATIVE TRUSTEE OR RECEIVER-In Bankruptcy(Excluding Chapter 11) GUARDIAN OF INCOMPETENT CONSERVATOR OF INCOMPETENT $ 500,000 CURATOR TRUSTEE-(Testamentary Only) SALE OF REAL OR PERSONAL PROPERTY-When this company has qualifying bond or when it is a separate bond for accounting of proceeds of sale only. IBI GUARDIAN OF MINOR OR CONSERVATOR OF MINOR $ 10,000 lCl NOTARY PUBLIC PUBLIC OFFICIAL AND DEPUTIES RECEIVER-(In State Court only) $ 50,000 (D) PLAINTIFF'S COURT BOND-Banks,Savings&Loan,and Trust Companies $ 100,000 (Except Restraining -All Others,except bonds prohibited by"NOTE"below Order and Injunction) (E) ) $ 20,000 REMOVAL OFC USE) STAY.SUPERSEDEAS RAGUARANTEE OF A JUDGMENT $ 2,000 (F) LICENSE AND PERMIT EXCEPT BONDS WHERE A FEDERAL AGENCY OR THE STATE IS THE OBLIGEE $ 25,000 (G) STATE LICENSE AND PERMIT- t F'`'�'�''-^''��`` The following Z ERID bonds are authorized where the state of , is the obligee(other staterequired bootie not authorized). 3#St##�t#�#A#r######uY#tR#1k'�Sa%r##��r;r#�##Ya##1ttC#####%r•�c;t## r�=F 3rd###•####rkt##a}## ######0,4 bt#Yr? br###tR##aIr####tIr#St#alt $ 10,000 SPECIAL FUEL USERS a a.� �^ $ 2,000 On ANY BOND OR INDEMNITY provided there is attached to this Power of Attorney, written authority in the form of an endorsement letter or telegram,signed by the Chairman of the Board. President, Vice President, Assistant Vice President, Secretary, Treasurer or Assistant Secretary of Western Surety Company specifically authorizing its execution. NOTE: ttriv gp OR OPEN PENALTY OR STAY BONDS ON APPEAL OR GUARANTEE OF JUDGMENT OR BAIL BONDS OR CONSTRUCTION `x4`sIS3 R. v CT BONDS OR BONDS FOR DEFENDANTS OR UTILITY DEPOSIT BONDS OR SITE IMPROVEMENT BONDS ARE NOT ac %AF1T{p��QQR��ED i,,,_'HIS POWER OF ATTORNEY,except as provided in Section(H). W,$TEI�N;SURET��OMPeaNY further certifies that the following is a true and exact copy of Section 7 of the By-Laws of the Western Surety Company,duly gUp¢1etl �`nd now in-PorceT'awiC "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in [)jexyr�obate name ofrtHeampany by the Chairman of the Board,President,Secretary,any Assistant Secretary,Treasurer,or any Vice President,or by such other pff ices as the Board of:Dirctors may authorize. The Chairman of [he Board, President,any Vice President,Secretary, any Assistant Secretary, or the Treasurer nia 'appoirt4 At[orpeys;in'tF'cl or Agents who shall have authority to issue bonds, policies, or undertakings in [he name of the Company. The corporate seal is nr5'f.nacessz�yRoTs[he valldi0+of any nds, policle undertakings, Powers of Attorney or other obligations of the corporation -the signature of any such officer anr�.jXe7 PP4fBCCse& ag^be prin d b facsimile"� Dared°t1Uas��^.�tN day)df.�l�3°r'y,1987. V 1 dye � _ WESTERN SURETY COMPANY g7"Le$.Paesetettf\ VC/Vl7'`� �+p.utanruafL,r Assistant Secretary By i DAKOTA lN,..Couni' off LA Mnehaha � ss President c :' !y On this 0th tidy[�t dpithiry.187,before me,a Notary Public,personally appeared JOE P.KIRBY,who being by me duly sworn,acknowledged that h i e the above Power of Attorney as Tresfdeli thE9ai IYESTV'14 SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. s My commission expires n �N✓#'ve-iUll�e�l39:` 1992 e�? ic,South Dakota L�fhe GLLriGFfsignallty k Vs the Western Surety Company,a stock corporation of the State of South Dakota,do hereby certify that the attached Power Novof Attorney is in full force and effected s ev Ijk, urthermore,that Section 7 of the By-Laws of the company as set forth in the Power of Attorney,is now in force. "aaNaTfiri B Nonny whereof,I have hereunto set my hand and the seal of the Western Surety Company this` day of W E S T E R N U Y COMPANY 'IMPORTANT:This date must be filled in before it is attached to the bond and it must be the same date as the bond. By Form 99-A-4-87 PRESIDE fpr W 1 3 � �;,� � �u6lir �rII�exfg �P�MrfmPnt it F'�1M.:4 V6'�. �u�Ytt$ �P3J2Lrfrtenf Richard T, McIntosh One Salem Green 745-0213 January 10,1983 To Nancy Calden Re: Use at 111 Lafayette St. B-I Zone Dear Ms. Calden: I have inspected the above referenced property at your request and have determined that it may be used for retail sales of clothes. No building code violations were observed. Very truly yours Rich . McIntosh Zoning Enforcement Officer Inspector of Buildings RTM:mo's 0 Binder No. • • r • • • r • • • 130-395 NAME AND ADDRESS OF AGENCY COMPANY St. Paul Fire & Marine Insurance Co. Hastings—Tapley Insurance Agency, Inc. Effective 12.01 am 04/0119 89 271 Cambridge Street Expires EJ 12:01 am ❑ Noon ,19 89 Post Office Box 128 Cambridge, MA 02141 ❑This binder is issued to extend coverage in the above named company per expiring policy k (except as noted nelowl NAME AND MAILING ADDRESS OF INSURED �/7 L.q!/yG-TTE'-A✓ Description of OperationlVehicleslProperty xLtni coln"Hotel�Associates Limited Partnership C/o MPD Enterprises, Inc. 199 Revere Street 11 Revere, MA 02151 Type and Location of Property Coveragel Perils/Forms Amt of Insurance Ded. Coins. Four Story Mercantile and Apartment "All Risk" $2,000,000 1000 90% _ P Building at 117 Lafayette Street. RO Salem, Essex County, MA 01970 P E Loss of Rents R $ 100,000 — 10109 T Y Type of Insurance Coverage/Forms Limits of Liability L Each Occurrence Aggregate 1 ❑ Scheduled Form [ Comprehensive Form Bodily Injury $ $ A Ei Premises/Operations I ❑ Products/Completed Operations Property Damage $ $ L 1 ❑ Contractual Bodily Injury & T EJ Other (specify below) Property Damage $ $ Y ❑ Med.Pay. $ 1,000 Per $ Per Combined 1,000,00 1,000,00 ❑ Personal Injury Person Accitlent ❑ A ❑ B ❑C Personal Injury Is Limits of Liability A ❑ Liability ❑ Non-owned ❑ Hired Bodily Injury(Each Person) $ UT ❑ Comprehensive-Deductible $ Bodily Injury(Each Accident) $ OM ❑ Collision-Deductible $ B- El Medical Payments $ Property Damage $ e I El Uninsured Motorist $ L No Fault (specify): Bodily Injury & Property Damage E ❑ Other (specify): Combined $ ❑ WORKERS' COMPENSATION — Statutory Limits (specify states below) ❑ EMPLOYERS' LIABILITY — Limit $ SPECIAL CONDITIONSIOTHER COVERAGES Broadening Endorsement NAME AND ADDRESS OF ® MORTGAGEE ❑ LOSS PAYEE ❑ ADD'L INSURED 1) First Trade Union Savings Ba 1 DAN NUMBER 10 Dry Dock Ave. , Boston, MA 02215 2) Roger L. HStreet. �Zj �� 313 Essex Streetet, Salem, MA 01970 3) City of Salem 03/27/8 Salem, MA 01970 signature of Authorized Representative Date ACORD 75(11177c) d' ONDMONS 7 t 'I,', '!t > I% au f),:,;4-,'� � a 1 J-": � 10 AM 1 T3 Z ''*s'Company binds the kind(s).of insurance stipulated on the reverse side. This insurari6b`ls subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions.This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the-Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. APPLICABLE IN NEVADA Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sus- tained therefrom. "To C i J Q 4 Q Q all1','uIWTIM Q 4 Q D - Binder No. ffia. 1,R, r . NAME AND ADDRESS OF AGENCY COMPANY 0 PSt* 1'13ts3a,xe #gt lea Tr. as �1xcr Csxsxag astitlga-T4pley Tecv:as ce. AgIoney,, 'Tart 2 71 L`�I'15ridge utBGet Effective a:3_ 8 m 2/1 ,19 4 . ?*0. B07 178 Expires [K 12:01 am ❑ Noon 311 ,19 69 Cambridge, 1'.A 02141 ❑This binder is issued to extend coverage in the above named company per expiring policy q (except as note0 below) NAME AND MAILING ADDRESS OF INSURED Description of Operation/Vehiclesl Property Uiftcol:ra Bute?. Associatea LWt'ed Partrm#shi c1v my, ym4arprtsaal, Taxis 199 ?;eves+ Street vare, UA1S1 Type and Location of Property Coverage/Perils/Forms Amt of Insurance Ded. col e. -- rour stomy TAnr=lti a al 4 aparuwxt "All iaik" Isz on o,eflo $1,001 W, - building at 117 Lafayette Street, 0 E Love o Rama g ;100,000 1.. R T Y I Type of Insurance Coverage/Forms Limits of Liability L Each Occurrence Aggregate Bodily Injury❑ Scheduled Form � � Comprehensive Form y Injy $ $ B ® Premises/Operations I ❑ Products/Completed Operations Property Damage $ $ I ❑ Contractual Bodily Injury & T ® Other (specify below) Property Damage $J>OlXkOOO $1,00E,C1St'3+ Y Med. Pay. $ �,��# Per $ Per Combined ❑ Personal Injury Person Accident ❑ A ❑ B ❑C Personal Injury $ Limits of Liability A ❑ Liability ❑ Non-owned ❑ Hired Bodily Injury(Each Person) $ UT ❑ Comprehensive-Deductible $ Bodily Injury(Each Accident) $ 0 ❑ Colli sion-Ded uctible $ M O ❑ Medical Payments $ Property Damage $ B I ❑ Uninsured Motorist $ T L ❑ No Fault (specify): Bodily Injury & Property Damage E ❑ Other (specify): Combined $ ❑ WORKERS' COMPENSATION — Statutory Limits (specify state§ below) ❑ EMPLOYERS' LIABILITY — Limit $ SPECIAL CONDITIONSIOTHER COVERAGES DrOade7? ,73tg "�,, 'Gatft73."SE'.'S"Nt!t NAME AND ADDRESS OF Fi MORTGAGEE ❑ LOSS PAYEE ❑ ADD'L INSURED 13 Virst Trade Uniu-n Savivmp mit 10 D(�k iVe,,a ,.&)*tonf1A 022050AN NUMBER y q,` Poger L. ouretax 31,3 na= 3tre-At,. ce%erni, 14.A 1319701 37 City 6f 941111M Sake, V& 0197£3 Signature of Authorized Representative Date ACORD 75(11/77c) CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. This insurance is subject to the terms, conditions and limitations of the policy(ies)in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions.This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. APPLICABLE IN NEVADA Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) Is liable to the party presenting the binder as proof of insurance for actual damages sus- tained therefrom. r V'nN�t'A 'Y8 T"iY44r+N�rl"M'Ik�.K^W^r�ilrM'71n.N1.r«.�.i� FIELD COPY ,1 �• ^ CITY OF SALEM BUILDINGti SALEM, MASSACHUSETTS 01970 PERMIT ,A v.IID.AT DATE MARCH E. 19 93 PERMIT NO 62-93 APPLICANT "Juan Diaz ADDRESS Salem,MA _ 316 _ IN..) (S TAF(T) - ICOw1 P•S J([4ftl PERM-T TO RT(TTA(SF. OF I_1 ;Tony RKYNTN(Y:R(N7RF. NUMBERING UNITS ------- Ilr.[ 0 IM.POV[M[4T1 N0. IPPOPOS[O USE' M AT ILOCAT�ONI 117 T.Rfa Safra CTrn DINING 140.1 / ,ry � 1 DISTRICT R-d 15111E[TI BETWEEN AND p CI10 ` STP[[TI Lj ICPOSS STPES" LOT SUBDIVISION -'�"/',.w�� ,,.,, BLOCK SIDE BUILDING IS.TO BE ,PTI. WIDE BV FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP .BASEMENT WALLS OR FOUNDATION L+..,.reITVPEI Erect ct sign - p .NEA OR 2°0.00 PERMIT 20.00 `/OLUME ESTIMATED COST 'CUBU:.SOUA.[ F[[TI . .,WNERMian Hill Hill Realty Tr.A^DRESSno117 Lafayette ST.,Salem,MA 1@o E. Tremblay INSPECTOR OF BUILDINGS INSPECTION RECORD O TE NOTE PROGRESS - CRITICISMS •ND REMARKS INSPECTOR -- - Ecense and Permit Bond GROUP Lumbermens Mutual Casualty Company �J An Illinois Corporation - - American Motorists Insurance Company . An Illinois Corporation - American Manufacturers Mutual Insurance Company Bond No---------._-___--_____-__-_ _ An Illinois corporation Know all men by these presents, that______________--Oakland Painting--- Co-------------- - 21 Oakland St. , Salem, MA 01970 ------------------------------ --------------- ----------------------------------------------------------------------------- (Name and Address) as Principal and The Undersigned Surety, are held and firmly bound unto._____--______-..---------------------------___--____. C i ty--°f-Salem - -- -— — - -------- as Obligee, in the ------------------------------------------------ - Five Thousand ------------------ 000 penal sum of .................. - - --— -------------------------------------Dollars (f-- ------------------- ) lawful money of the United States, for which payment, well and truly to be made, we bind ourselves, our heirs, ex- ecutors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the Principal has applied to the Obligee for a license as a (or permit for) _ Street Permit Now, therefore, the condition of this obligation is such, that if said Principal shall faithfully perform the duties of such licensee or permitee, and in allthings comply with the ordinances, rules and regulations appertaining thereto, then this obligation shall be void, otherwise to remain in full force and effect, until---_------_----____. —_ -August 17 , 19_89 This bond may be terminated at any time by the Surety upon sending notice in writing, by registered mail, to the clerk of the municipality with whom this bond is filed and at the expiration of thirty (30) days from the mail- ing of said notice, the liability of such Surety is thereby terminated and cancelled; and provided further, that nothing herein shall affect any right or liability which shall have accrued tinder this bond prior to the date of such termination. 17th s19_.....88 SIGNED, sealed and dated this------_ _._____--.day of._-_____Augut___.._________ .............. Principal -------------------------------------------- Countersigned: Surety: Amer-ican- ---Manufacturers-- - - - - - --- -- I Mutans . Co . - - - - -- - ------ --- -- -----------u-----l E--.---A. Stevens Company-.----Inc. Name of Company ----- - ------------------------------------ Resident Agent -- - -- - - ---- --------------------- --- B>' - — Attorney-in-Fact Important: Accounting Informationec:... �....... A.. .til E A.Stevens Co. , Inc. ae°,„•"s• =Add e.L - ---------------------------------------- F ;� 9 Main St. Malden, MA 02148 � a ----------------------------1---------------------------------------------------- 'fiSEAL:�------------61-8.191--------------------------------------------- --- ;s %'1'-Wry:L 4 NDS� ,.j 'send one copy of the bond to your super- - • �1eP. �. wising office on the some day executed. .... 1 FK 735.1 5.85 10M PAINTED IN U.S.A. A CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 DATE: MAY 14, 1991.. TRISH KIRBY C/O GATEHOUSE GROUP, INC. 313 CONGRESS STREET, BOSTON, MA 02108 Dear Sir/Madam: In accordance with Chapter 111 , Sections 127A and 127B, of the Massachusetts General Laws, 105 CMR 400.00: State Sanitary Code, Chapter .I: General Admin= istrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter II: Minimum Standards of"Fitness for Human Habitation, an inspection was made of your property at r'' 117, LAFAYETTE STREET_ ,APT. 314 in the City of Salem occupied by GAIL'MBLNIK This inspection was conducted by VIRGINIA MOUSTAKIS/PABLO VALDEZ AND of the Salem Health Department, on 5/9/91 AT 3:30 P.M. ACCOMPANIED BY PROP. MGR. MAGGIA MACHIA AND TENANT NOTICE: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to ensure that this unit complies fully with 105 CMR 460.000: "Regulations for Lead Poion- ing Prevention and Control." For further information or to request an inspection, contact the Childhood Lead Poisoning Prevention Program at 1-800-532-9571 . BASED ON TENANT COMPLAINT, AN INSPECTION WAS CONDUCTED IN ACCORDANCE WITH CHAPTER II, STATE SANITARY CODE, "105 CMR 410.000, THE FOLLOWING NOTED: 1 ROOM APARTMENT 10 DAYS .550 Tenant complaint of cockroaches. Cockroaches inside light ceiling fixtures. Last extermination 4/ 12/91 . Owner responsibility to provide again, services of licensed exterminator with a copy of service invoice sent to this department. 24 HOURS . 180/. 190 Water temperature recorded at 120°F initial thrust, but did not maintain. Temperature recorded at 75-80°F. Owner responsibility to maintain facilities in good working order capable of providing hot water of sufficient pressure and amount for norman use of all tenants at a temperature of no less than 110°F nor greater than 130°F. 4t. SALEM HEALTH DEPARTMENT 9 North Street Salem, MA 01970 117 LAFAYETTE STREET #314 MAY 14, 1991 PAGE 2 NOTE: No Certificate of Fitness was ever issued by this Department prior to renting to this tenant. In violation of Chapter II, State Sanitary Code and City of Salem Ordinance Chapter 2, Article XIII. Enclose is a copy of notice of vacancy, application form and Copy of Ordinance.. ONE OR MORE OF THE ABOVE VIOLATIONS MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH, SAFETY AND WELL-BEING OF THE OCCUPANTS. 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 seven (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: ROBERT E. BLENKHORN, C.H.O. VIRGINIA E. MOUSTAKIS Health Agent SANITARIAN REB/BAS Certified Mail # P 417 241 573 SEE ENCLOSED COPY OF SECTION F-502 OF STATE FIRE CODE. cc: Tenant X BULIDING DEPT. X FIRE PREVENTION X PLUMBING/GAS INSPECTOR X PROPERTY MANAGER, MAGGIA MACHIA Este es un documento legal importante. Puede que afecte sus derechos. APPENDIX I 4) Legal Remedies for Tenants of Residential Housing. THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF I H E LEGALR CIVIEDIFS TENANTSMAY USE IN ORDKit TO GET t(OUSING CODE VIOLATIONS CORRECTED. I. . Rent WiIII hoIding(Gencm l Laws Ch a pier:39 Scction 6A) - Ij Code Violations Are Not Being Corrected you may be rodded to hold back your rent paymculs. You can do this wnhout bring evicted if: A. You can orove that your dwelling unit or common areas contain code violations which are serious enough to endanger or rnareri- ally impair your health or safety and that your landlord knew about the violations before you were behind in your reit. 13. You did not cause Ihz violations and they can.be repaired.whjie you continue to live in the building. C. You are prrparcd-ter pay any portion of the rent into court if a judge orders you In pay it. (For this it is best to put the rent noon aside in a safe place.) - Z. Repair and,Deduct(6eneral:Laws Chapter.I l l Section 127L).. - - - The taw sometimes allows you to use your rent money to make the repairs yourself. If your local code enforcement agency certifiesthat there are codeviolations-which endangei.or materially impair your health,.safety or well-being and your landlord has received written notice ofthe bl violadoM,you may.be ae.to,.use this remedy. If the_pwner faits to,bcgin necessary repairs(or to enter into a wcirteri contract to have tbem made)within five days afteritotice or to complete repairs within,14 days after notice you can use up to four mondts' rent in any year to make the repairs, - - Retaliatory ReM,increase"r Ebictioris Prohibited(Genial Laws Chapter.186,-Section 18 and Chapter,239 Seci ion?A) The owner may.not inereascyour tent or evict you in retaliation for making a complaint to your local code enforcement agency about code viotations If the owner raises.yopr:rentor tries to evict within six months after you have made the complaint-he o;She will have-to'shyw a good reason for the increase oq'eviction which is unrelated to your complaint. You maybe able to sue the landlord for damages if he or she tries this .. _... - - . .. . 4, ., Rent Receivership(General Laws Chapter III -Sections 1270=H). - - - The occupants and/or the board of health may,pedtion.the:District or Superior Court to allow rent to be paid into court rather,than to 'the owner.The coort mag thappoiora°receiver^who May spend as much of the rent money as is needed to cornet the violation.The re-. ceiver is not subject to a spending limitai ion of four months'rent. - 5.' `Breach of Warranty of Habitability. . You may be entitW to sue your landlord to have all or some of your rent returned if your dwelling unit docs not meet minimum stand ards of habitability. : " 6. Unfair and Deceptive Practices(General Laws Chapter 93A). Renting an apartment with code violations is a violation of the consumer protection act and regulations for which you may sue an - owner. - THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW, BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY OTHER LEGAL ACTION,IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. 1FYOU CAN- NOT AFFORD TO CONSULT AN ATTORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE.WHICH IS: Neighborhood Legal Services 1-617-599-7730 r ) (NAME) (TELEPHONE NUMBER) 37 Friend St. Lynn Ma 01902 . (ADDRESS).. ... FORM JI Hog USS'Wrt RR[N INC. NOV.1979 J w . ._ SALEM HEALTH DEPARTMENT c Page 1 of_� y 9 North Street Salem, MA 01970 STATE SANITARY CODE, CHAPTER II: 105 CMR 410.000 "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION" OCCUPANT: /TQ/L /"I PG/UI PHONE: ADDRESS: // 7 APT. ,3�FLOOR 7T&y/f 1 el"e OWNER: p C ADDRESS: .5" iY -i INSPECTION DATE: Q 9/ TIME: 3•3C) CONDUCTED BY: EL•ACCOMPANIED BY:/ 6'o ANTICIPATED REINSPECTION DAT : �! SPECIFIED REG. U TIME 410.... VIOLATION " n/7 aAl =L'41 /.li ti e 0 f2 CV al 'WIn1e14 O 0!P "v O /EN iv OC ,P - P si ,E ti 4ZQIVT R 1y✓ Ma ri 7,0 141-3 ti V &/ P f 7�s G o- G��7 /GEiP oPA6 44 � a"/V7al�ti f-aClq 7761 One or more of the above violations may endanger or materially impair the health, safety and well-being of the occupant(s) Signed and certified under the pains andel penalties of perjury COF ENFORCEMENTLINSPECTOR Este es un documento legal importante. Puede que afecte sus derechos. Puede adquiriruna traduccion de esta forma. Page "I of 0-- 4 SALEM HEALTH DEPARTMENT DATE: - �?— 7 t 9North Street d , Salem, MA 01970 htMd / NAME: ",O/Z— ADDRESS:ADDRESS: I/ 7L(�� . 117'5 p/ SPECIFIED REG, 11 TIME 410. . . . VIOLATION AlL. T 4 ree A/0 0 lalaS i /✓dam � � r N r✓ 0 071/ C CC; r�r?VI7 jLT ' cc lwb ch, c' ?J -/v "IZG I L .r 61 A) llu c ,,. /V C�`►/� r f� t CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN _ 9 NORTH STREET HEALTH AGENT 508-741-1800 DATE: MAY . 14, 1991 TRISH KIRBY C/O!GATEHOUSE GROUP, INC. 313 CONGRESS STREET BOSTON, MA 02108 PROPERTY LOCATED AT 117 LAFAYETTE STREET UNIT 11 314 DEAR SIR/MADAM: It has come to our attention, that you are about to allow rental of -a'dwelling unit at the above address. It is incumbent upon you as owner(s) to contact the City of Salem Health Department to apply for a Certificate of Fitness before any vacant dwelling unit is rented or occupied. Each dwelling unit must be inspected and certified by the Salem Health Department prior to. allowing occupancy in .accordance with Chapter II1_; ,Sections- 127A and 127B, of. the Massachusetts General Laws, -105 CMR 400.000: State Sanitary Code,. Chapter I: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chap- ter II: Minimum Standards of Fitness for Human Habitation, and in accordance with Chapter II, Article XIII of the City of .Salem. Code of Ordinances, Section 2-334, Certificate of Fitness. There is a twenty-five (25) dollar fee payable by check, or money order to the City of Salem Health Department upon issuance of Certificate. Failure to comply with this procedure, will result in a fine of twenty (20) dollars per day for every day that the dwelling unit is occupied withoutapproval of the Code Enforcement Division of the Salem Health Department . Contact this department within 24 hours of receipt of- this notice. (508) 741-I800 � Monday thru Wednesday from 8a.m. - 4p.m. , Thursday 8a.m. - 7p.m. , or Friday 8a.m. to noon to schedule an appointment for an inspection. SEE ENCLOSED SECTION 105 CMR 410.354 METERING OF GAS S ELECTRICITY Very truly yours, FOR/THE BBOARRD� OF, /HEALTH REPLY TO: .,p Robert E. Blenkhorn, C.H.O. PABLO VALDEZ Health Agent Code Enforcement Inspector BAR/pns —Aca/f/ /2eZ?U I &I y .y �clrkq Y a2;2;acbum;ett5 Mepartment epartment Green ext. 360 ,EK OF OCTOBER 22, 1990 7:00 P.M. 2nd. floor 5:00 P.M. Mayor's Office 6:00 P.M. Council Chambers J // 7 T • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side.`Failure tdo", will prevent this card from being returned to you.The return receipt fee will provide you the naperson delivered to and the date of deliver .Fora itiona Tees The o owing services are avansu t postmaster Tor Tees and c ecc ox es for additional service(s) requested. 1. kkShow to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number Mr. Michael D'Avolio 199 Revere St. Type of Service: Revere, MA. 02151 ❑ Registered ❑ Insured . XN Certified ❑ COD p RE: 111, 113, 115, 117 El Express Mail ❑ Re."urerchantlse Lafayette St. , Salem, MA. Always obtain sienatuFe oua'adressee or agent and DATE,DELIVEREDA 5. Signature — Address 8. Addressee's Address (ONLYif X requested and fee pad) y D1 18(. Signatur Agent ( , 7. DaIry V �5- p -0 PS Form 3811,Mar. 1988 * U.S.G.P.O. 1988-212-885 DOMESTIC RETURN RECEIPT UNITED STATES POSTAUSERVICE, I II II OFFICIAL BUSINESS SENDER INSTRUCTIONS your name,address and ZIP Code In the specs below. • th • Complete trema 1,2,3,and 4 on the � reverse. U.S.MAIL • Attach to front of article if apace -� permits;otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, 3300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO James D. Santo/Bldg. Dept. One Salem Green Salem, MA. 01970 P 038 763 478 RECEIPT FOR CERTIFIED MAIL �y NO INSURANCE COVERAGE PROVIDED LAY NOT FOR INTERNATIONAL MAIL •�r (See Peverse) Sent to r Mr. Michael D'Avolio •Street and No. 1-:'- 199 Revere St. {u �.�P.O. State and ZIP Code t Revere, MA. 02151 -� Postage S lU 2.00 Cedliled Fee v t Special Delivery Fee N Restricted Delivery Fee - N f Return Receipt showing N tvwhom and Date Delivered i N ft q Return Receipt showing to whom. (t� Date,and Address of Delivery m j TOTAL Postage and Fees 5 2.00 C; Postmark or Date UL N a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front) 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends it space per- mits.Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. It you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811, 6. Save this receipt and present it if you make inquiry. -? U.S.G6P.0.1988-217.132 of baiem, Alam5acbm5ettg J)ublic propertp Department �Qg Jiuilbing department One balem Green 745-9595 (Ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer August 31, 1989 Mr. Michael D'Avolio 199 Revere Street Revere, MA. 02151 RE: 111-113-115-117'l7afayette-Street Salem, Dear Mr. D'Avolio: This office has left numerous telephone messages with your office to contact our office, which you have failed to do. r There are violations of the Massachusetts State Building Codes with the above referenced properties. The following coam+ercial areas are in violation. 1) . No sprinkler plans submitted to Fire Prevention for the rear of 111-113 Lafayette Street. 2) . No plumbing permits were obtained. 3) . Partition closed without having been inspected. 4) . No Certificate of Occupancy issued for 115 Lafayette Street which is now occupied by tennants. Also, in the hotel area, handicap units have not obtained a Certificate of Occupancy for roan numbers 221, 321, and 421. You have seven (7) days upon receipt of this notice to correct the above listed violations. Failure to do so will result in this office taking legal action aginst you. Violations of the Massachusetts State Building Codes are subject to fines, imprisonment, or both. Sincerely, aures D. Santo Assistant Building Inspector c.c. George A. Nowak Fire Prevention City Solicitor Speed Lettere To Joan Jukins/ Collector From Wm.Munroe/ Bldg. Inspector 'Subject �J�— J 117 Lafayette St.J / Frederick Small uo ae mFOL MESSAGE " PLEASE ADVISE IF TAXES ARE DUE. Date 5/27/87 Signe ' , REPLY —NO a FOL .FDL. Date Signed WilsonJones ORAYLINE FORM 44-9023-PART RECIPIENT—RETAIN WHITE COPY, RETURN PINK COPY 61983•PRINTED IN U.S A. 1184 Speed Letter. From—__ Joan Jukins/ Collector TO Wm.Hunroe/ Bldg, Inspector Subject Y/ — 117 Lafayette St.. / Frederick Small -NO BS 10 FOLD - MESSAGE PLEASE ADVISE IF TAXES ARE DHE. w a� Date REPLY �\ 1 ,f —uo srom —No mvom Date Signed WflsonJones RECIPIENT—RETAIN WHITE COPY, RETURN PINK COPY. C 9PUPPRTM- RINTED IN6A TURN OVER FOR USE WITH WINDOW ENVELOPE. FILL IN NAME AND ADDRESS HERE FOR RETURN IN WINDOW ENVELOPE i I -FOLD -FOLD a �y Speed Letter® TO Joan Jukins/ Collector From Wm.Munroe/ Bldg. Inspector i Subject 117 Lafayette St. / Frederick Small �a as oF�Lo MESSAGE " PLEASE ADVISE IF TAXES ARE DEE. Date $/27/87 Signed REPLY - o maw Date Signed WilsonJones GRAYLINE FGRM<AA02 3PART 61903•PRINTED IN U.S.A. SENDER—DETACH AND RETAIN YELLOW COPY.SEND WHITE AND PINK COPIES WITH CARBON INTACT. �y C American International Adjustment Company, Inc. 845 Oaklawn Avenue Cranston, Rhode Island 02920 (401) 943-1000 "Where Promise Becomes Performance" May 10 ,. 1937 The city of Salem Office of the city Manager City Hail. Salem, ,Mass . 01370 SUBJECT! Frederick Small 117 LRffayette STFRot. Salem , "bass . 01907 File, May 19 , 1987 Assignment Number RVSP bio Gentlemen: Perusant to Massachusetts General Law , we are advising LhaL the above. captioned Insured is submitting claim for fire damage to the above captioned building. Please advise if there any Putstaudin,n_; liens . y13, emer Senior Claims Adjuster cc Building Inspector City of Salem. Mass . City Hail Salem. Mass . 01970 cc S&W. Spr.ingcieid cc. Field Flie NOTICE OF CANCELLATION OR NONRENEWAL KIND OF POLICY: Package POLICY NO., LXIU I) INSURANCE St. Paul Fite and Marine Insurance Company DATE OF MAILING: June9, 1969/19 COMPANY ISSUED THROUGH AGENCY OR OFFICE AT: Hastings—Tapley Insurance Agency Cambridge, MA 02141 THE ST. PAUL NAME AND Lincoln Hotel Associates Limited Partnership 24025 Printed in U.S.A. MAILING 199 Revere.,'Street ADDRESS Revere, MA 02151 OFINSURED (Specific information concerning the cancellation or nonrenewal has been given to the Insured.) TO MORTGAGEE: - DATE OF MAILING: June 9, 1989 We hereby cancel the Mortgagee Agreement which is made part of the above mentioned policy and also the above mentioned policy issued to the insured named above on February 1. 1989 covering on Building at 117 Lafayette Street Salem, MA and made payable to you as mortgagee(or trustee), in the event of loss. You will, therefore, please take notice that at the expiration of Ten (10) days from the receipt of this notice, the said agreement and the said policy, unless surrender thereof to us be sooner made, will terminate and cease to be in force. r --- -- — --1--A-- INSURANCE . UT -R RECOMPSt. Paul Fire and Marine Insurance Company COMPANY NAME AND . City Hall ADDRESS City of Salem OF MORT. Salem, MA 01970 GAGE[ MORTGAGEE'S COPY - Speed Letter© To Joan Jukins/Collector From Wm. Munroe/Bldg . Inspector e Subject I t7 Lafayette ST /Frederick D Small 0 D&m FOLD MESSAGE "PLEASE ADVISE IF TAXES ARE DUE" Date 7/20/87 Sign ¢ � •'i � REPLY -na a vom t OIL 10 FOLD Date Signed WilsonJones GRAYLINE FORM 449039PART RECIPIENT—RETAIN WHITE COPY, RETURN PINK COPY VN3•PRINTED IN U.$A. 1184 y � f Speed Letter. From Joan Jukins/Collector To Wm_ MunroP/Rldg_ Tnas.rrnr Subject 117 Lafayette ST. /Frederick n Small rvo.ee 10 FOLD MESSAGE "PLEASE ADVISE IF TARES ARE DUE" i Date 7/20/87 Signed REPLY 40 -xo a rom o 10FOLD Date Signed WilsonJones RECIPIENT—RETAIN WHITE COPY, RETURN PINK COPY. GRAYLINE FORM C190-PRINTED IN USA3 PART TURN OVER FOR USE WITH WINDOW ENVELOPE. FILL IN NAME AND ADDRESS HERE FOR RETURN IN WINDOW ENVELOPE T L --FOLD -FOLD Speed Letter® To moi' Joan Jukins/Collector From Wm. Munroe/Bldg. Inspector Subject 117 Lafayette ST . /Fredetick D Small -Na 96 OFOlO MESSAGE "PLEASE ADVISE IF TARES ARE DUE" Date 7/20/87 Signed REPLY -NN 9FOLD 10 FOLD Date Signed WilsonJones GRAYUNE FORM as-902 3-PART 21983•PRINTED IN USA SENDER—DETACH AND RETAIN YELLOW COPY. SEND WHITE AND PINK COPIES WITH CARBON INTACT. r ILL hurMoc Form of Notice of Casualty Loss to Building 4 . Wider Mass .Gen.Laws, Ch . 139 , Scc . 3B AMERICAN INTL. ADJ. CO., INC. P. O. BOX! "09 246 PARK STREET WEST SPRINGFIELD, MA 01090 TO: Building Commissioner or Board of Health or ( �:Inspector of Buildinys� Board of Selectmen 1 addresses RE: Insured: �7�L2G�LLG�t �JGGZG Property address: j/ -7 r , . Policy No. (o M Loss .of 19 C File. or Claim No. C? pj 71.1 i Claim has been made involving loss, damage or destruction of the above-captioned property, which may either exceed { $1, 000 . 00 or cause Mass.Gen.Laws, Chapter 143, Section 6 to f be applicable. If any notice under Mass.Gen.Laws , .Ch. 139 , Sec. 3B is appropriate please direct it to the attention of the writer and include a reference to the captioned insured, Y location, policy number, date of loss and claim or file number. (Si na e) Tit e: ren f F uASZ On this date, I. caused copies of this notice to be 3.. sent to the persons named above at the addresses indicated above by first class mail. S gnature an 7 //87 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT - (617) 741-1800 December 1, 1987 Mr. Fred Small Dear Sir/Dear Madam: In accordance with Chapter 111, Sections 127A and 127B, of the Massachusetts General Laws, 105 CMR 400.000: State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation, an inspection was made of your property at117 Lafayette St.-Lincoln HotelSalem, Massachusetts, occupied by various tenants This inspection was conducted by ai a Gavrelis, MDPH accompanied b Salem Health Department, on Nov. 19, 19 a P.M.Tony Mineo, Salem Health Dept. , Peter Cox, ECCO Regulations: Common Areas First Floor Bathrooms (end of hall towards the right) 410.504 Floor in both bathrooms in disrepair - surfaces not smooth, impervious to water, easily cleanable (tiles lifting off floor in left side bath- room, duct tape patching hole beneath sink in right side bathroom unacceptable) .151 Bathroom floor is unclean (bathroom facilities shall be cleaned at least once every twenty-four hours) .602 Miscellaneous debris on stairway (left exitway) .253 Inadequate lighting on rear exitway/stairway .482 Questionable condition of smoke detectors (referral made to fire dept. ) .602 Foul odor/stench in hallways - carpeting badly soiled Unit #1 .500 Doornob on entry door in disrepair .481 Entry door cracked/inadequate security .501 Door not weathertight - an approximate 1 - 2 inch gap at bottom Page 1 Page 2 of 2 I'tu)1wrLy in :inIem riL To: Mr. Fred Small Lincoln Hotel -- P.O . Box 157 --- -- -- ---— Topsfield Ma 01983 ONE OR MORE 'OF THE ABOVE VIOLATIONS MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH, SAFETY AND WELL-BEING OF THE OCCUPANTS. 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 seven (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: ROBERT E. BLENKHORN, C.H.O. Health Agent Certified Mail d {Pg3 y a31 7,38" enc. Inspection Report cc: Tenant_ 9 Bldg. Inspector .- Electrical �q spector Plum6f99 6 Gas Inspector X Fire Dept. — City Counci for Licensing Dept.X �,,.couortb 3 m Chi# utt�em, ��sttrhu�e## s � afire department �HeaDgvar2ers Rectmxc 48 3anfaVette "itred Joseph F. Sullivan *stem, Ott. 01970 Chief Cl) C January 30, 1989 "'t cya C C3 r A Nn CD Z Mr. William H. Munroe, o c-, Inspector of Buildings ^'` .m v2 of One Salem Green �`� � Salem, Ma 01970 p N Dear Mr. Munroe: An inspection was made this date of the:r@ncoln,Hote1,11117 Lafayette Street, prior to occupancy. The following was noted and requested of the Lawlor Corporation to complete prior to such occupancy: 1. The completion of the piping from the two-inch drain on the sprinkler system. At present, the piping fron this drain is capped at the basement level. Piping shall be extended to an acceptable point whereby the system can be drained and tested in accordance with the provisions of NFiPA Standard 13. Drains from alarm devices shall be so arranged that there will be no danger of freezing, and so that there W21 be no overflowing at the alarm apparatus at domestic connections or elsewhere with the sprinkler drains wide open and under system pressure. 2. Required pressure gauges shall be installed on the sprinkler system as required by NFiPA Standard #13. 3. An electric bell shall be installed in the area of the fire department connection to the sprinkler system, to indicate a water flow within the sprinkler system. 4. Sprinkler system acceptance testing shall be completed in accordance with the provisions of NFiPA Standard #13, Section 1-11. Affidavits indicating the satisfactory completion of such testing shall be made available to the Salem Fire Department upon completion. 5. The exterior weatherproof horn/strobe from the fire alarm system shall be installed and tested. Page 2 6. Upon completion (in the future) of the commercial spaces of the building, individual unit flow and tamper devices on the sprinkler piping shall be zoned individually into the fire alarm panel in order to differentiate signals from the completed units. Materials and workmanship shall be compatible with existing system components. 7. The remaining keys shall be forwarded to the fire department for inclusion in the Knox Rapid Entry System.-+ Signed, Robert W. Turner, Fire Marshal —------- -- 3 0 z Gcc K ej Np? w r �✓� 315- 31 (a 1r3IL 30( N° r yzl—DOOR, &Aj,07 qV yo t� Yo y y ( v yl1 z� S�4C� vluD�- JTAIL vt IDo' ti 3 1 �roK. G Ar ker NOT M-ACfv f- J"L- II. ( FteL wac," Eisenberg Haven Architects, Inc. 123 North W 81aM7 27 1100 et1=AX 617-22 �8 � 02114 January 15, 1QQ$ Mr.Kevin Goggin, Building Inspector City of Salem 1 Salem Green Salem,Massachusetts 01970 RE: The Lincoln Hotel Laffayette Street Salem, MA Dear Mr. Goggin: contains cooking facilities they are definition a Because each rental room or apartment the Residential portion s is the building s an Business Use - dwelling unit and therefore we believe that Multiple Dwelling. The Ground Floor in this mixed use complex is Use Group B Business and .. „_____.:,_ �„ __- c.._—ns=_.„_n ch uld be issued accordingly. .... �jSC vWuy rva ' inu..tuww.. +ua y�•.•u u .... j s v truly, Yours E.Rrirnley cc: Keith Construction,Inc. Winn Development Company Architecture • Urban Planning • Interior pepign - Landscape Architecture Building Evaluation A E R I A L SPECTRUM eeosnoswts o . Feb 5,2000 Frank DiPaolo Local Building Inspector City of Salem Public Property Department 1 Salem Green Salem,MA 01970 RE: Construction Inspection and Affidavit for the Nextel antenna site "Salem Neck"at 117 Lafayette Street Salem,MA 01970. Dear Mr.DiPaolo: I,Eamon Keman visited the above referenced project on Feb 1st to inspect the overall construction of the project, The equipment room in the basement was complete the antennas were attached and the site was "on au". I,Eamon T.Keman,a Massachusetts licensed engineer,do hereby,state that the construction,was constructed,to the best of my knowledge and ability,as per approved documents and plans of said project. Construction of said work is,from my site inspections and to the best of my knowledge and ability,in accordance with the following standards: • ANSUTIA/EIA-222-F-1996"Structural Standards for Steel Antenna Towers and Antenna Supporting Structures • The BOCA Building Code • The Massachusetts Building Code This affidavit is based on my inspection,on-site plan review,and photo documentation by myself. I shall have all inspection documentation kept on file. tH OF Arg3 Sincerely, sOo o EAM T. KER C No. 123 C- Eamon T.Keman,P.E. MA Lic.#40123 cc. Joe Guidebeek,Nextel Construction Manager TeleCom City, 300 Commercial Street, Suite 27, Malden, MA 02148 • Tel 781-321-2167 • fax 781-321-2963 e-mail aerialspectrum.com