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312 LAFAYETTE STREET - BUILDING INSPECTION 312 LAFAYETTE STREET i UPC 10333 No. 153L-3 HASTINGS, MN I �� CVOIid .e 714/ 1 SUMMATION This is a case of an owner of an R-1 property, who was caught for a second time illegally renting both rooms and an illegal unit. Chapter 40, Section 21B of the Massachusetts General Laws enables the Municipality to enact Zoning Laws and their enforcement. City of Salem Zoning Ordinances disallows the letting of rooms within an R-1 property. Ms. Collins does have two rooms on the third floor that she freely admitted to me in the presence of Senior Sanitarian Janet Dionne, are used as rental rooms. Whether or not Ms. Collins was the entity that created this illegal basement apartment, she is the one that has been renting this illegal unit; and under the law any violation on a property is the responsibility of the property owner. The State Building Code, 780 CMR, as established under Massachusetts General Laws Chapter 143, Section 94, disallows any alteration, change of use, or construction without a permit issued by the building authority of jurisdiction; which in this case is the City of Salem Building Department. This illegal apartment was constructed within this home without a permit. It has been called out as an illegal unit that must be removed in both, 2004, by the Building Commissioner Tom St. Pierre, and again by Joe Barbeau, an Assistant Building Inspector in 2008. It is the position of this office that without the complete removal of all vestiges of this illegal apartment, this illegal use will continue, as has been shown by the prior actions of this landlord. Therefore we are seeking that the court will cause this Cease and Desist Order to be complied with, that the illegal unit will be removed, that the proper permitting will be obtained to do such work, that these spaces are then inspected for compliance, and that no further illegal uses will be tolerated. The creation of the illegal unit constitutes a criminal offense under MGL 143 / 94 punishable per Code of up one year in jail and/or a fine of up $1000. The violation of the Zoning Ordinance is Civil in nature and carries fines of$50 - $100 / day, with each day constituting a separate offense. ZIWX.Hd DNIQIIllg WH IV S d0 )UZID OV MrA . V CITY OF SALEM PUBLIC PROPERTY DEPARTMENT HIAIBIM.f;Y U21tiCU1�. MAYOR 120 W:\SIIMGTON Snasc'r 0 tinla:nl,hfnasA2:ucsr"rrs 01970 'Fu:978-745-9595 ♦ FAX:978-740-9846 May 7, 2008 Mary Collins 312 Lafayette Street Salem, MA 01970 Dear Ms. Collins; This letter is to follow up on the actions taken at District Court on the 301h of April. At that time it was explained to you that the Building Department is looking for you to completely remove all vestiges of the basement apartment. We expect that this will be done by properly licensed and permitted contractors. It is my understanding that you have already called this office for an inspection. I don't see how this would be possible as you have yet to apply for a permit, and no plans for this work have been submitted. Understand, the only way for you to avoid further court proceedings will be to fully comply with this order. There will be no halfway measures, or allowance for partial compliance. This basement unit must be completely dismantled, by qualified tradesmen, with the proper permitting in place. Once there is a permit in place, then we will be willing to inspect these premises. Sinc rely, P L ph E. Barbeau, r. Assistant Building Inspector/Local Inspector CC: file, Health, Fire Prevention, Police, Mayor's Office, Councilor Veno 04/09/2008 15:32 978-741-8117 MARY COLLINS PAGE 07 7W Zf USE REGULATIONS SALEIi ZONING ORDIrA XE Art.V,3 5-2 ARTICLE V USE REGULATIONS c. No greenhouse beating plant shall be operated within fifty (50) feet of Spec. 6-1. Generally. the property line. d. No products shall be publicly dis- (a) Uses of land,buildings and structures shall played or offered for sale from the be regulated according to the schedule of uses set roadside, out in this article for each type of district. "Per- mitted uses"are those which shall be permitted in (3) Nursery,elementary and secondary schools, the district at any time."Special permit uses"are public parks and playgrounds, and public those which may be permitted in the district at libraries. the discretion of the board of appeals upon its (4) Churches and similar places of worship, determination that specific conditions.are satis- - tied.As explained Ba section 6-3(W), "prohibited (B) 1Pa"sh houses,convents and monasteries. uses"are those which shall be specifically prohib- (6) Institutions of higher education. ited in the City of Salem at any time. (7) Public and private golf courses, (b) The interpretation of the language of this (8) Private garages and other accessory uses ordinance with respect to permitted and special and buildings, provided that such uses permit uses shall W in actor ante witli W intent - stated in section 3-1 for each type of district. All the buildings on the lot shall not occupy a greater percentage of the lot (c) The term "use of land" shall include the area than listed in Table I following Arti- interpretation which shall Include the restriction cle VI herein. ---tPr2t tha!and carmot,.be.faced.far.the ataragn or overnight parking of motor vehicles, including (b R-2 istrect®. The following are permitted trucks, tractors, trailers except as exempted by uses ' e two-family residential districts: section 7-1, unless the "permitted use" for build- (1) All uses permitted in.R-C and R-1 Ris- ings in the district allows such parking for the tricts, except agricultural, horticultural storage of commercial motor vehicles. and floricultural operations. (2) Two-family dwellings attached. Sec. 5.2. Permitted uses. (3) Rooming and boarding of not more than (a) R-C and R.I Districts, The following are two (2)persons. permitted uses in the residential-conservation (4) Historic buildings open to the public. and one-family.residential districts: (6) Museums, (1) Detached single-family dwellings. (g) private garages and other accessory uses (2) Customary agricultural,horticultural and and buildings, provided that such uses floricultural operations, provided that: are clearly incidental to the principal use. a. All the buildings combined shall not (7) Buildings and facilities for elderly hous- occupy a greater percentage of the ing projects built under the jurisdiction of lot area than listed in Table I follow- the Salem housing Authority and finan- ing Article Vf herem. ctally aided by either the U,S. Public Housing Administration and/or the Com- b. No storage of manure or odor- or monwealth o asset uSetts epartmen dust-producing substance and no of Commerce-Division of Public Housing. building in which farm animals are kept shall be permitted within one (c) R-3 Districts. The following are permitted hundred (100) feet of any property uses in the multifamily residential districts: line. (1) All uses permitted in R-2 Districts. s"pi,. NO. 9 11 12/05/2007 13:29 978-741-8117 MARY COLLINS 'F�'AGE 01 7i O G V Ve f 04/08/2008 11:56 978-741-8117 MARY COLLINS PAGE 01 rro� zr /S/d8 �, g-7J y//P7 04/09/2008 15:32 978-741-8117 MARY COLLINS PAGE 01 �Z o� Z/ 'ItS- .J4 69� A _ 04/09/2008 15:32 976-741-8117 MARY COLLINS PAGE 06 13 0f ZI MhRY COLLLNS 312 LAPAYSTTE 5T, 56i SALFA%t HSA 01970,459 P67. PAY ni,TO ...Bank ':0 ; 130149jjl: 01. 0294884Ldl DEirl 04/09/2008 15:32 978-741-8117 MARY COLLINS /1/0 PAGE 05 MARY COLLINS -,1v„a 562 3124AFAYEM St 04o2M _ tALEKMA 01970-5459 if C - - m — J LARS Mastffn g Bank 31e 9Ater,wmvTa F� mEwo F f.em. can Y - q# 71,11 0562 04/18/2008 15:28 978-741-8117 MARY COLLINS PAGE 01 / SAF z1 l � 04/09/2008 15: 32 978-741-8117 MARY COLLINS PAGE 04 20199 l -- _.-7 7 �~- a �rj � Ull9 --� ? 9 NOME �- SNIP 717 r ADDRESS 3 ADDRESS CITY,STATE,ZIP �. ' CIL- CITY,STATE,ZIP OFiAEIi'NUM9ER '," " :DEPARTMENT SALESPERSON 1NHEN SHIP TEAMS HOW SHIP DATE 2.vcl OUANTITV . DESCRIRiION`. PRICE AMOUNT x'06" KEEP THIS SLIP FOR REF aioo. ERENCE Print Page I of 3 From: m colt (gingee.coll@yahoo.com) To: Mary Collins Date: Monday;May 12, 2008 2:43:10 PM Subject: Fw: inspectors meeting Attn. Mr. Thomas St. Pierre: May 8, 2008 Please be advised of the fallowing. My.family and I have agreed Mr.Joseph Barbeau has some sort of personal vengeance against me. In the interest of protecting my children and myself.I will limit any further communications to your office with you. However Miss Sally and Mr. Dennis Ross have been most polite and helpful assisting me. There has-been a misunderstanding, I have children that need to be considered. Furthermore I want restitution SAP! We have been enjoying our family/play room OVER SIX YEARS. I'm doing my best to reassure my Children &, Grandchildren of security. The play room is part of my private home. I understand the basement is NOT a legal apt. far rental purposes. However Mr. Dennis Ross saw it yesterday during the plumbing inspection. And has seen that the area is indeed a family/play room. I requested your presence because I wanted you to SEE the details to which I'm referring to! There has been no changes regarding the USE of that.area before or after Mr.- Barbeau's visit in Dec.. Only that I have decorated more with the anticipation of our new baby. Actually I was in the basement.engrossed doing just that the day I got the snow shoveling tkt. which only lead to my frustration. Show: 1. Pictures camera 2. Contractors work/took my money/ and sold his house for a fine profit! 3. Receipts 4. Bills 5. City Taxes went up this year 6. Dr. Brown letter/ meds. *For my Children and Grandchildren sake: *MY INTEREST REMAINS RESTORE OUR HISTORIC HOME RATHER THEN DESTROY! *HOWEVER I WANT TO BE IN COMPLIANCE AND COME TO RESTITUTION SAP! *My daughter is serving the Country in The US Coast Guard! *With a one year old and pregnant with her second baby! We use the playroom! (I'm concerned for the kids safety that's why I want to keep the doors.) 1. *NO CRIMINAL RECORD!/O.K., confirmed with Mr. Tomas St.Pierre 5/6/08 2. Mr. Joseph Barbeau agreed I was not being malicious or we would be in court right now!/ Then AFTER work we agreed on was ALREADY in progress unannounced to me I receive a notice for CRIMINAL COMPLAINT why? I CONTINUED TO RESOLVE AND http://us.mg2.mail.yahoo.com/dc/launch?.rand=3afedr1349391 5/12/2008 Print Page 5 of 5 Date: http://us.mg2.mail.yahoo.com/dc/launch 4/22/2008 Print Page 2 of 3 COMPLETE WORK. SHOW UP FOR THE SESSION AND UNANNOUNCED TO ME THE WHOLE BASEMENT NEEDS TO BE DISMANTLED NOT WHAT HE SAID TO DO? 3. Take the plumbing and sink out!/Plumber completed)/Follow up inspection completedl 4. Tried to get him to agree to a mediator Mr. Sullivan he said; it was non effective to have Mr Sullivan present. 5. Knowing when I appealed the snow shoveling ticket he could see:) as he put it "I was being punished enough" and wrote NOT RESPONSIBLE on ticket! When I spoke to him (Mr. Sullivan) after the tkt. appeal...he said; "will work it out" the issue with the basement "The city needs money just work with them"? 6. He said; (Mr. Barbbeau) "he'd go to Boston Court!"/ I thought wouldn't that be a jurisdiction issue? 7. This has been stressing me out keeping me awake at night! My family have said; you ARE being harassed at this point! You have done what they asked you to do!! 8. Have considered hiring a Lawyer went to see one and he thought this was J..Walking ridiculousl "Your not running a prostitution house"! Your hosting a foreign exchange student! Your making efforts cooperating to make the basement within the city compliance codes. And this inspector Mr.Joseph Barbeau is deliberately making matters more difficult! He said; "You have a harassment case!" 9. And also took Mr.St.Pierre advice regarding not hiring an Lawyers When my goal is to be in compliance and work with "him". 10. Anything that was an issue was preexisting before I become owner of the house. 11. Shoveling need more time. Financial hardship: 1. NO income suffered a job loss and unable to get benefits. 2. Have arthritis in my hands and diagnosed with a painful bone disease. No insurance, worried about medical bills! (called Dr. requesting PROOF letter) 3. Our family is dealing with a horrific death which our privacy is broad casted on news! Our cousin 29yr.old, mother of two Mrs.Tassinari was shot to death more then 12 times on April 22,20081 Take into consideration: 1. State of the economy, unemployment rates. I can not afford this project! (Still working with 1902 style kitchen with no modern conveniences.) 2. Foreclosures are at a historic high! I already SURVIVED the long foreclosure process once! 3. The country is at War and many are just trying to survive. http://us.mg2.mail.yahoo.com/dc/launch?.rand=3afedrl349391 5/12/2008 Print Page 3 of 3 Thank you for your attention to this matter! Finding restitution where both your office and my family needs are considered is most appreciated. I feel this is my home and I value peace and privacy. My goal remains to be in compliance and have respectful communications with your office. Sincerely, Mary Collins http://us.mg2.mail.yahoo.com/de/launch?.rand=3afedrl349391 5/12/2008 LYNNFIELD MEDICAL ASSO Fax:97M32-0099 May 9 2008 09:01am P002/002 Q9 Harvard Vanguard O[J Medical Associates Atrius Health An eKdlato of Harvard Medical School May 9,2008 RE: Mary Collins 312 Lafayette Street Salem,MA 01970 To Whom It May Concern, Ms.Collins is a patient of mine whom has been diagnosed with arthritis in her hands and osteopenia. This is greatly limiting her ability to work and thus has lost her job. At the present time she has no income and cannot afford to make any changes to her home. Any questions regarding this matter please feel free to contact my office at any time. Sincerely yours, James Brown,ND Lynnfleld Medical Associates 2 Essex Center Drive - (978)532-2800 Peabody,MA 01980.2999 www.harv2rdvmVusid.org 77olc2 SUMMONS TO DEFENDANT DOCKET NUMBER Trial Court of Massachusetts i��'� ORIGINAL 0836CROO1341 District Court Department ; DOB GENDER PHONE NO.COUNTS COURT NAMEBADDRESS 08/02/1961 2 Salem District Court NAME BADDRESS OF DEFENDANT 65 Washington Street Salem,MA 01970 Mary Collins (978)744-1167 312 LAfayette St, Salem, MAO 1970 DATE 8 TIME YOU MUST 06/09/2008 9:00 AM APPEAR AT ABOVE COURT ROOM/SESSION ON THIS DATE 8 TIME Arraignment Session POLICE DEPARTMENT OF OFFENSE SCHEDULED EVENT Arraignment FIRST FIVE OFFENSE COUNTS OQULIT CSCE OFFENSE DES�I TP ION D T�QFFENSE 1 143/94 STATE BUILDING CODE VIOLATION c143§94(a) 02/23/2004 2 40/21/B MUNICIPAL BY-LAW OR ORDINANCE VIOLATION c40§21 02123/2004 TO THE ABOVE-NAMED DEFENDANT: You are hereby ordered to appear in this court on the date and time indicated above to answer to a criminal complaint that has been issued against you.Please report to the probation office upon your arrival at the court. TESTE OF FIRST JUSTICE ATE ISSU SIGNATOR F SI E MAGISTRATE(ASST.CLERK ''. WITNESS: Hon. Robert A Corrietta 5/1/08 X / INSTRUCTIONS TO DEFENDANT 1. YOU ARE REQUIRED TO APPEAR IN COURT on the date and time shown above.Please bring this summons with you to the court. 2. IF YOU FAIL TO APPEAR in court on the date and time shown above or on any future scheduled dates,you will be found in default, e warrant for your immediate arrest will be issued, the Registry of Motor Vehicles will suspend your driver's license or right to operate, and you may be required to pay substantial count-costs and warrant removal fees.The coup may also issue a new criminal-corrrpiainY' against you for failing to appear(G.L.c.276, §82A),which is separately punishable by up to$50,000 in fines and up to 5 years imprisonment(if you are charged with a felony)or up to$10,000 in fines and up to 1 year imprisonment(if you are charged with a misdemeanor). 3. THE CHARGES AGAINST YOU. The number of offense counts(charges)in this criminal complaint are shown in the"no.counts" box above, and the first five offense counts are listed above. If there are more than five offense counts,you may obtain the details of them from the clerk-magistrate's office prior to arraignment.At your arraignment,you or your lawyer will be given a copy of the complaint. 4. LAWYER. You have a right to be represented by an attorney at every state of proceedings against you. If you are charged with an offense punishable by imprisonment and you are unable to afford an attorney,you may be entitled to the services of a court-appointed attorney at no or reduced cost to you.You may apply for a court-appointed attorney when you report to the probation office on the date and time shown above. S. TRIAL BY JURY OR TRIAL BY A JUDGE. If your case is not disposed of at arraignment or as a result of a pretrial hearing by a guilty plea or other disposition, it will be scheduled for trial before a jury of six persons. If you waive the right to a jury,your case will be scheduled for trial by a judge without a jury. At any trial,you may remain silent and will be presumed innocent,the prosecution will have to prove each charge beyond a reasonable doubt,and you may question any witnesses against you and present witnesses on your own behalf. DateRime Pnnla4:05-01000813:47'.34 Verson 20-11M APPLICATION FOR APPLICATION NO. (COURT USE ONLY) PAGE Trial Court of Massachusetts & CRIMINAL COMPLAINT 1 ofZ-' District Court Department I,the undersigned complainant, request that a criminal complaint issue against the accused charging the G ems% offense(s)listed below. If the accused HAS NOT BEEN ARRESTED and the charges involve: Salem DIstrist'C W urt 65 Washington;treat 0 ONLY MISDEMEANOR(S), I request a hearing 0'WITHOUT NOTICE because of an imminent threat of _ SalEt17,. PAA. 019r0 ❑BODILY INJURY 0 COMMISSION OF A CRIME 0 FLIGHT 0 WITH NOTICE to accused. r 0 ONE OR MORE FELONIES,I request a hearing 0 WITHOUT NOTICE WITH NOTICE to accused. ! ARREST STATUS OF ACCUSED 0 WARRANT is requested because prosecutor represents that accused may not appear unless arrested. 0 HAS ;.HAS NOT been arrested NAME:... � .., (FIRST MI LAST)AND ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER •t^ S 7 et i PCF NO. MARITAL STATUS DRIVERS LICENSE NO. �} STATE GENDER HEIGHT WEIGHT EYES HAIR RACE.. COMPLEXION SCARSIMARKS/TATTOOS BIRTH STATE OR COUNTRY DAY PHONE EMPLOYER'SCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) COMPLAINANT NAME,,,(EIRSTMI LAST)o p COMPLAINANT TYPE '.. i ''��- PD -jr-,5f pe 0 POLICE 0 CITIZENMEI OTHER ADDRESS /'� fr Ft' PLACE OF OFFENSE j r .l ! jINCIDENT REPORT NO. OBTN 4) CITATION NO(S). r OFFENSE CO/DE'yE/J� Qt SC PT/IION s _� OFFENSE DATE✓:':r•�.T.. VARIABLES(e.g. victim name,controlled substance,type and value of property.other variable information;we Complaint Language Manual) / l OFFENSE COD97 DESIPT ON: j 1, - �• OFFF)NSE BATE 2 VARIABLES OFFENSE CODE f DESCRIPTIO OFFENSE DATE 3 VARIABLES REMARKS - COMP INANT'$s GNA RE/, • DATE FILED COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION ,D.XZEOFH/EA�RING I TIME OF HEARING COURT USE ONLY t _ WILL BE HELD AT THE ABOVE COURT ADDRESS ON} Z- "(J AT 7(J f . j DCCR-z(oaron) COMPLAINANT'S COPY a 'w Pla�rtn Z nF''E� � `� n".; Sy��e� .•F �3 � fpr", , ief$Ey�pSGyIiYldf{rY q � +k'' ` Cif ,^�9 ti s jZm��eA��S�a44 .5 fit- Ai y u r 2 ri LAIR _ rt At 13 I'll 11 z q-� ✓3:.x n Y r APPLICATION FOR APPLICATION NO.(COURT USE ONLY) PAGE Trial Court of Massachusetts & -A*- CRIMINAL COMPLAINT of District Court Dep men ntIF I,the undersigned complainant,request that a criminal complaint issue against the accused charging the �J offense(s)listed below. If the accused HAS NOT BEEN ARRESTED and the charges involve: Salem 13istrict.f,—Durt 65 Washington Street 0 ONLY MISDEMEANOR(S),I request a hearing ❑ WITHOUT NOTICE because of an imminent threat of Sal•.�M rVrL 01970 0 BODILY INJURY 0 COMMISSION OF A CRIME 0 FLIGHT 0 WITH NOTICE to accused. ft 0 ONE OR MORE FELONIES,I request a hearing ❑ WITHOUT NOTICE ❑ WITH NOTICE to accused. ARREST STATUS OF ACCUSED 0 WARRANT is requested because prosecutor represents that accused may not appear unless arrested. 0 HAS 0 HAS NOT been arrested NAME(FIRST MI LAST)AND ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER G, :v= PCF NO. MARITAL STATUS r� DRIVERS LICENSE NO. STATE GENDER HEIGHT WEIGHT EYES HAIR RACE COMPLEXION SCARS/MARKS/TATTOOS BIRTH STATE OR COUNTRY DAY PHONE EMPLOYER/SCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) .:. `vsw 113 •i;. , �. COMPLAINANT NAME(FIRST MI LAST) COMPLAINANT TYPE PD `, ❑ POLICE ❑ CITIZEN THER ADDRESS l� } f� .� PLACE OF OFFENSE 4 / �jy�� r,. t ( NsPa�— 'O.Q/ v 1�1 INCIDENT REPORT NO. OBTN a o�Yrv ,a CITATION NO(S). - OFFENSE CODE C.RIPTION l/ v.. C _ OFFENSE DATE a ( ' v -70 - VARIABLES ( - VARIABLES(e.g.victim name,controlled substance,type and value of property othe tvariable intormah'on;we Complaint Language Manual) OFFENSE CODE DESCRIPTION - OFFENSE DATE 2 VARIABLES OFFENSE CODE DESCRIPTION OFFENSE DATE 3 VARIABLES ' REMARKS COMPLAINANT'S SIGNATURE DATE FILED X COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION DATE OF EARINq TIME/OF'!HE'ARING COURT USE ONLY WILL BEHELD AT THE ABOVE COURT ADDRESS ON �,. \�(J� AT 1�,LIV yt E DCCR-2(08/0e) CDMPLAINANY'S cOP11 V e F Z/ CITY OF SALEM PUBLIC PROPERTY \ Bw� s DEPARTMENT KIMIWi IE) ueisr01.1. MAYOR 120 WrASI INC;fl).N$'IRlil?'I0 $.ALP.AI,AIAtiSACI-I OF P:I"LC O 1970 978-745-9i9J FAX:978_740-98 ✓✓''�� r ;B March 24, 2008 �� _Mary Collins [ 312 Lafayette Street Salem, MA 01970 CRE: Illegal unit in'Basement Dear Mary; It has been a couple of months since Senior Sanitarian Janet Dionne and myself visited your premises. At that time you were order to remove the tenants from the illegal unit in the basement, to stop the practice of renting rooms within your dwelling, and to gain a permit and make such repairs as needed to remove the basement unit. As yet this office has not received a permit application for this work. If I have not received notice that this work has been permitted and underway by,April 10, 20 ill be making an application to file Criminal Charges at District Court. If you have questions regarding this matter, please call this office at (978) 745 — 9595, ext 5643. Sincerely, seph E. Barbeau, J Assistant Building Inspector/ Local Inspector CC: file, Health Dept. 4,04/09/2008 15:32 T978-741-8117 MARY COLLINS PAGE 03 MASSACHUSETTS UNIFORM APPLICATION FOR PERMIT TO DO PLUMBING (Print or Type) sAT•FM Mass. Date City, Town PermitlNr Building Owner's I Y .AT: Location ;y � Name '.4 / Fee M I I .� , Type of Occupancy:, 'jr�1:1...: New❑ Renovation Replacemento FIXTURES Plans Submitted Yes❑ Non Z y Z to m to 0 Z la- . : m rn y Z la- w ¢ x f z O Z Z z a a u�Fr..7._ U z Q m w w y F N z th U- p gat r7 Q `a a�C O il LL ¢ wo w < fn ¢o aw y rC � ZO o .� wt Lu x Q = S d Z �' p, p F a Y ¢ W LL Y rn W o x a � Qei N `� aaao ¢ � Oac`e � ¢ aoaxwF �i ]C .J m y G] J 2 F fn iJi C7 � d Q $ Q m SUB-BSMT. BASEMENT 1; f 1ST FLOOR 2ND.FLOOR . . 3RD FLOOR 4TH FLOOR 5TH FLOOR 6TH FLOOR 7TH FLOOR 8TH FLOOR (Print or Type) .. Installing Company Name 1.y:�, Check One: Certificate Address_.�_,. ,�lx a,.1�dl+.irk &.`t f1:-.,. � f�.a: f'�.:t ts;_.r r.':ki., - -., ca-Qwk, ❑ Partnership 19 Firm/Company Business Telephone "` r„ `re• ? i Name of Licensed Plumper r. I hereby 00diy that all of the details and information I have ttubmuwd(or entered)in above application are True and accurate to the best of my knowledge ana that all plumbing work and installations performed under Pefmit issued for this application will te in compliance wish all pertinent provisions of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. I have informed the owner or his agent that I do not have flability insurance including completed operations coverage. ALL APPOINTMENTS FOR INSPECTION ARE Signature of Owner/Agent TO BE MADE BY LICENSED PLUMBERS ONLY I have a current liability Insurance policy to Include completed operations coverage. ❑" — OMaster ❑Journeyman Signature of Licensed Plumber i License Number 0 3094 4 CITY OF SALEM, MASSACHUSETTS ( PUBLIC PROPERTY DEPARTMENT s� q 'r 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 February 23, 2004 Mary Collins 312 Lafayette Street Salem, Ma. 01970 RE: Basement Apartment 312 Lafayette Street Dear Ms. Collins: On Friday, February 20, 2004 I was asked by the Salem Board of Health to accompany them on an inspection of the basement at 312 Lafayette Street. The following was discovered; 1. A complete unit has been constructed. In the basement with no record of any building, electrical or plumbing permits. 2. The unit is in violation of Salem Zoning Ordinance Section 5-2 allowed uses. 3. The unit has numerous building code violations including but not limited to the following; A) 780 CMR, Section 1010.2 - Number of exits B) 780 CMR, Section 1010.6—Egress through adjoining space C) 780 CMR, Section 1010.4—Egress windows,emergency escape window required in sleeping areas D) 780 CMR, Section 120—Occupancy permit required You are directed to cease occupying the space immediately. If you feel you are aggrieved by this order, your appeal is to the Board of Building Regulations and Standards in Boston. Failure to comply with this order will result in a complaint being filed in Salem District Court. r Sincerely,, Thomas St. Pierre Acting Building Commissioner cc: Mayors Office Fire Prevention Health Department �9eFzi CITY OF SALEM n PUBLIC PROPERTY DEPARTMENT KINBIIRLEp UIUSCOLL MAYOR 120\r':\til-1INGION$"fRIIICI'* S:\LI(AI,\I:\SSACI ICSI'1'fS 01970 7b:L:978-735-9595 0 FAS:978-740-9836 May 7, 2008 . BO p Mary Collins 312 Lafayette Street Salem, MA 01970 Dear Ms. Collins; This letter is to follow up on the actions taken at District Court on the 30`h of April. At that time it was explained to you that the Building Department is looking for you to completely remove all vestiges of the basement apartment. We expect that this will be done by properly licensed and permitted contractors. It is my understanding that you have already called this office for an inspection. I don't see how this would be possible as you have yet to apply for a permit, and no plans for this work have been submitted. Understand, the only way for you to avoid further court proceedings will be to fully comply with this order. There will be no halfway measures, or allowance for partial compliance. This basement unit must be completely dismantled, by qualified tradesmen, with the proper permitting in place. Once there is a permit in place, then we will be willing to inspect these premises. /Assista�nt rely, h E. Barbeau, r. Building Inspector/ Local Inspector CCAiile, Health, Fire Prevention, Police, Mayor's Office, Councilor Veno Zb� C4 CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH, RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(978)741-1800 Fax:(978)740-9705 December 4, 2000 Mary Collins 312 Lafayette Street Salem, MA 01970 Dear Ms.Collins: In accordance with Chapter III, Sections 127A and 1276 of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property 312 Lafayette Street occupied by(same)conducted by Mark Tolman,Sanitarian on Monday, December 4, 2000 at 10:00 A.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to notify tenants of lead related reports and tests, and to ensure that this unit complies fully with 105 CMR 460.000 : Regulations for Lead Poisoning Prevention and Control. For further information or to request-an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this Order. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s) to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. For the Board of Health: Reply to: Joanne Scott Mark Tolman Health Agent / Sanitarian cc: Building Inspector& Councillor Kimberly Driscoll Regular 1st. Class Mail & Pick up as requested by owner. JS/sjk c-h-violet CITY OF SALEM HEALTH DEPARTMENT Nine North Street Salem, Massachusetts 01970 'fibra State Sanitary Code, Chapter.11:105,CMR 410.000 Minimum Standards of FMess'for Human Habitation Occupant: aqr✓ Phone: — Address: 3/d LaFA��k S+ Apt- — Floor. Owner. _/Y]qf✓ Cc//in< Address: _ .3/,2 1-ar4Ve&_ Sf .5Wlem, AIR w9Yo Inspection Date: 4"AZW6o ` Time /o;do lira Conducted By: NAR A' -7,—//1" Accompanied:By: yaz yer ouloer Anticipated Reinspection Date: Specified Reg 9 Violation Time 410. .. . . - Based on 6 tenant, coin saint an inspeceion of apartmentwasconducted 'n accordance with chapter 11 of state sanitary code 105 CMR 410.000 1n9ector Noted: nd�f 1 6L ,1%n — --------------- One or rnore of the above violations may endanger or materially impair the health, safety and well-being or the occup nts(s) Code Enforcement Inspector Este es un documento legal imponante Puede que afecte sus derechos. APPF�IUU )(14)r, Legal Remedies for Tenants of Residential Housing The following Is a brief summary of some of the legal remedies tenants may use in order to get housing code violations corrected: 1.. Rent Wi hholdinQ(Ma=cliuseus General Laws,"Chapter 239i section 8A): If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments.You can do this without being evicted if-- A- f:A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and'that your-landlord knew about the violations before you were behind in- your rent B.-You did not cause-the violations and tlieycan liC iPpaired while you continue to live in the building. C. You are prepared to pay any portion of the Tentinto court if a judge orders you to pay it(For this it is best to put the- rent money aside in a safe place.) -. 2. Repair and Deduct(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows you to use your rent money to make the repairs yourself.If your local code enforcement agency certifies that there aro code violations which endanger or materially impair your health,safety,or welf-being,and your landlord has received written notice of the violations; you may be-able to use this remedy,if the owner tails to begin necessary repairs(or to enter into a written contract to have[herb made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent truant' year to makethe repairs—--- 3 Reta_liatory Rent.Increases or vi 'ons Pmhtbited(Massachusetts General Laws,Chapter 186, section 18,and Cbapter 239„section-2A):-The owner may notincreaseyour rentorevictyou in retaliation for making a complaint to your local code enforcement agency about_code violations if the owner raises your rent to tries to evict within six months after you have made, the complaint,he or she.will:have-to-showa good.reasonfor the increase or eviction which is unrelated to your complaint You may be able to sue the landlord for damages of heor she tries this. - 4. Rent Receivership(Massacltttserfs General Laws,Chapter I I, section 127 C-H):The occupants and/or the Board of Health may petition the District or Superior Court to allow rent to be paid into court rather than to the owner. The court may then appoint a "receiver" who may spend as much of the rent money as is needed to correct the violation. The receiver is not subject to a spending limitation of four months'rent S. Breach of Warranty of Habitability. You may be entitled to sue your landlord to have all or some of your rem returned if your. dwelling unit does not meet minimum standards of habitability. 6. flat it and Decrntive Prat' ; r-s(Massachusetts General Laws,Chapter 93A): Renting an apartment wuh code violations is a violation of the consumer protection act and regulations, for which you may sue an owncr The information prssentod,a.bove itortly a summary of-tbe law'efore youdecideto withhold your rent or take any other ,legal action,it is advisableAwLynu.eonTnt=t.att"net' If ymw-- of afford to consult an attorney, you should conlaet-4he------ nearest legal services office;which is ; Neighborhood Legal Services 37 Friend St- Lynn, MA 01902 (617) 599-7730 1W 3 OtLl of #Hlem. massac4usptts ! �'o Ilublic Propertg Elepartment Nuilaing Department (One Belem (Srem 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer January 15, 1997 Dominick Investment Trust Ann Dominick Tr. 8 Kimberly Drive Danvers, Mass. 01923 Dear Property Owner: T e following notice is in regard to your property located at: IC312 l&Lafayette St._, Salem, Mass. It is your responsibility to have snow and ice removed from your sidewalk within six (6) hours after the snow ceases to fall. This is in accordance with the City of Salem Code of Ordinance, Section 26-13 and Section 26-14. Failure to remove snow from sidewalks within prescribed time will result in a fine being assessed for each day of violation. Please contact this office upon receipt of this letter as to your course of action in this matter. Thank you in advance for your anticipated cooperation in this matter. Leo E. Tremblay Director of Public Proper IFNEIGHBORHOOD IMPROVEMEN-rTASK FORCE REFERRAL FORM Dale: Address: 7o 1'�ZIZ l Q Complaint: Complainant: Phoned: Address of Complainant: 15r L DAVID SHEA, CHAIRMAN KEVIN HARVEY BUILDING INSPECTOR ELECTRICAL DEPARTMENT FIRE PREVENTION CrrY SOLICITOR HEALTH DEPARTMENT SALEM HOUSING AUTHORITY ANIMAL CONTROL POLICE DEPARTMENT PLANNING DEPARTMENT ASSESSt_)R TREASURER/COLLECTOR DPW WARD COUNCILLOR DAN GEARY SHADE TREE PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SHEA WITHIN ONE WEEK. THANK YOU FOR YOUR ASSISTANCE. ACTION: DaWnime Primed:05U1-200813:47M verson2,0-11N6 CRIMINAL COMPLAINT DOCKET NUMBER NO.OF COUNTS Trial Court of Massachusetts ti POLICE COPY 0836CR001341 2 District Court Department ', TM:�,af DEFENDANT NAME B ADDRESS COURT NAME&ADDRESS Mary Collins Salem District Court 312 LAfayette St. 65 Washington Street Salem, MA 01970 Salem, MA 01970 (978)744-1167 DEFENDANT DOB COMPLAINT ISSUED DATE OF OFFENSE ARREST DATE 08/02/1961 05/01/2008 02/23/2004 OFFENSE CITY/TOWN OFFENSE ADDRESS NEXT EVENT DATE 1,TIME Salem 312 Lafayette St. 06/09/2008 9:00 AM POLICE DEPARTMENT POLICE INCIDENT NUMBER NEXT SCHEDULED EVENT Arraignment OBTN II nei a rrB rni,� . n ROOM/SESSION wa.,awn.r §fir' a:. r _st3�N Arraignment Session 'St11, � d t t ma 'ax�t tdklt The undersigned complainant, on behalf of the Commonwealth, on oath complains that on the date(s) indicated below the defendant committed the offense(s) listed below and on any attached pages. COUNT CODE DESCRIPTION 1 143194 STATE BUILDING CODE VIOLATION c143§94(a) ;beginning On 02/23/2004 and continuing through on-going did Occupancy,contrary to a provision of the State Building Code,other than a specialized code as .described in G.L.c.143,§96,in violation of G.L.c.143,§94(a). PENALTY for each day of violation:imprisonment not more than 1 year;or not more than$1000;or both. 2 40121/6 MUNICIPAL BY-LAW OR ORDINANCE VIOLATION c40§21 .On 02/23/2004 did Building code,in violation of a municipal ordinance or by-law of City of Salem adopted pursuant to G.L.c.40,§21. .PENALTY:not more than$300. '.. SIGNATURE OF COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE/ASST.CLERK/DEP.ASST.CLERK DATE X NAME OF COMPLAINANT ATRUE CLERK-MAGISTRATE/ASST.CLERK DATE COPY - X COPYATTEgID Notice to Defendant:42 U.S.C.§3796gg-4(e)requires this notice:If you are convicted of a misdemeanor crime of domestic violence you may be prohibited permanently from purchasing and/or possessing a firearm and/or ammunition pursuant to 18 U.S.C.§922(g)(9)and other applicable related Federal, State, or local laws. 2o � z/ Citp of *afem, fla5!5atbu!5ettg Public Propertp Mepartment Tguilbing ;Department one gpalem green (978) 7459595 Cxt. 360 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer November 14, 2000 Mary Collins 312 Lafayette Street Salem, Ma. 01970 RE: 312 Lafayette Street Dear Owner: This department has been asked to set up an inspection of your property mentioned above. This request is from Judge Cometta, Salem District Court. Please contact this office within ten (10) days upon receipt to schedule an inspection. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Thomas St. Pierre Local Building Inspector cc: Joe Walsh Health Department Fire Prevention 04/09/2008 15:32 978-741-8117 MARY COLLINS I / C PAGE 02 l ZI r'� SUMMATION This is a case of an owner of an R-1 property, who was caught for a second time illegally renting both rooms and an illegal unit. Chapter 40, Section 21B of the Massachusetts General Laws enables the Municipality to enact Zoning Laws and their enforcement. City of Salem Zoning Ordinances disallows the letting of rooms within an R-1 property. Ms. Collins does have two rooms on the third floor that she freely admitted to me in the presence of Senior Sanitarian Janet Dionne, are used as rental rooms. Whether or not Ms. Collins.was the entity that created this illegal basement apartment, she is the one that has been renting this illegal unit; and under the law any violation on a property is the responsibility of the property owner. The State Building Code, 780 CMR, as established under Massachusetts General Laws Chapter 143, Section 94, disallows any alteration, change of use, or construction without a permit issued by the building authority of jurisdiction; which in this case is the City of Salem Building Department. This illegal apartment was constructed within this home without a permit. It has been called out as an illegal unit that must be removed in both, 2004, by the Building Commissioner Tom St. Pierre, and again by Joe Barbeau, an Assistant Building Inspector in 2008. It is the position of this office that without the complete removal of all vestiges of this illegal apartment, this illegal use will continue, as has been shown by the prior actions of this landlord. Therefore we are seeking that the court will cause this Cease and Desist Order to be complied with, that the illegal unit will be removed, that the proper permitting will be obtained to do such work, that these spaces are then inspected for compliance, and that no further illegal uses will be tolerated. The creation of the illegal unit constitutes a criminal offense under MGL 143 / 94 punishable per Code of up one year in jail and/or a fine of up $1000. The violation of the Zoning Ordinance is Civil in nature and carries fines of$50 - $100 /day, with each day constituting a separate offense.