Loading...
316 LAFAYETTE STREET - BUILDING INSPECTION (2) 316 Lafayette Street f Titg of i9iolrm, Massar4usetts Public Vropertu 19epartment °ry^� illuilaing Department (ane #slem prem 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 22 , 1997 Z & M Realty Trust McGrath & Zaido Trs . 101 Lowell Street Reading, Mass . 01867 RE : 316 Lafayette Street Dear Mr . McGrath & Zaido: Due to a complaint received by this office , an inspection was conducted at 316 Lafayette Street and the following violations were found; 1 . Front porch ceiling needs immediate attention (hazardous condition ) . 2 . Replace loose and missing ballasters on front porch . 3 . Outside column needs to be secured and repaired. 4 . Rear porches 2nd floor ballasters and flooring must be repaired. 5 . Replace treads at stairs going to roof . 6 . Ballasters need to be installed on roof level at rails . 7 . Ballasters need to be installed on stairway second floor. 8 . Ballasters on first floor must be secured, and replace missing. 9 . Secure loose floor boards 1st floor . 10 . Add ballasters at stairs 1st floor. 11 . Install and connect downspouts . � uI ' . Z 12 . According to my records , only six ( 6 ) dwelling units are legal at the above structure . You currently have seven ( 7 ) units rented. Please contact this office within fourteen ( 14 ) days upon receipt of this letter to inform us as to your course of action you will take to rectify these violations . Failure to do so will result in legal action being taken against you . Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay Inspector of Buildings LET: scm cc: Councillor Kelley, Ward 5 Kalis, Lucas, Gelineau & Kline Attorneys at Law 133 Washington Street, Salem, Massachusetts 01970 (508)741-0862 Fax:(508)745-6909 Robert I. Kalis Henry A. Lucas, Jr. Roy F. Gelineau Anthony F. Kline Daniel P. Munnelly November 5, 1997 Leo E. Tremblay Building Inspector City of Salem ��SQeG A2-1- y One Salem Green Salem, MA 01970 / �� r // C)n� RE: 316 Lafayette Street G` Dear Mr. Tremblay: This is a response to your letter to the Z&M Realty Trust dated October 22, 1997 regarding the property located at 316 Lafayette Street. As discussed in your office on November 4, 1997, all of the items listed in your letter have been addressed or are in the process of being repaired. Items two (2) through eleven (11) as listed will be remedied completely by the 30th of November, 1997 . The Trust is presently waiting for an estimate and time table from Joe Allain, a contractor located on Pulaski Street in Salem, regarding item one (1) , the repair of the front porch roof. The Trust has been advised by Mr. Allain that the repairs necessary include rebuilding portions of the porch, replacing the porch roof and applying vinyl siding. As we also discussed in your office on November 4, 1997, Z&M Realty Trust believes that the seventh apartment referred to in your October 22nd letter as item twelve (12) has been in existence since 1985, the date the Trust purchased the property. My office is currently researching available evidence to demonstrate that this is a prior non-conforming apartment. As suggested by you, evidence gathered will be presented to you for the purposes of determining eligibility for "grandfathering" or for referral to the proper city boards. Thank you for your assistance in this matter. If you have any questions, please do not hesitate to call . Z & Realty Trust, by i s Attorn Daniel P. Munnelly c.c. Z&M Realty Trust ��- y i�� Citp of �&afem' '41a5fSarbufsett.5i Public Propertp Mepartment 3guilbing Department ®ne f5a(em &reen (978) 745-9595 (Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 3 , 1998 Z & M Realty Trust McGrath & Zaido Trs . 101 Lowell Street Lowell , Mass . 01867 RE : 316 Lafayette Street Dear Mr . McGrath & Zaido: Thank you very much for your response to the letter dated in January 26 , 1998 regarding the above mentioned property . An inspection was conducted and found all the violations have been corrected. This office will notify all the appropriate departments and the Ward Councillor that this situation has been brought to a satisfactory conclusion . Sincerely 7gs Leo E . Tremblay Inspector of Buildi LET: scm cc : Councillor Kelley, Ward 5 William Lundregan, City Solicitor John Keenan, Assistant Solicitor r 101 LOWELL STREET READING. MASSACHUSETTS 01 867 PAUL M ZAIDO VINCENT F. MCGRATH 9aa.525959 6313027 i i January 30, 1998 Mr. Leo E.Tremblay Inspector of Buildings One Salem Green Salem, MA 01970 Re: 314316 Lafayette St. Dear Mr.Tremblay: In response to your letter of January 26, 1998: I. The basement apartment at 316 Lafayette St. has been vacant since 12/1/97. 2. Violations issued on 10/22/97. a. The front porch ceiling was scrapped and loose boards were screwed in place. (see letter attached - dated 11/5/97) b. all other repairs have been completed. Sinc�Fely, %M Paul M. L o Wis, Lucas, Gelineau & Kline Attorneys at Law 1;3 Washington Street, Salem, Massachusetts 01970 (508)741-0862 Fax:(508)745-6909 Robes I. Kalis Henry A. Lucas, Jr. Roy F. Gelineau Anthony F. Kline Daniel P. Munnelly November 5, 1997 Leo E. Tremblay Building Inspector City of Salem One Sale Sale 01970 RE: 316 Lafayette Street Dea . Tremblay: This is a response to your letter to the Z&M Realty Trust dated October 22, 1997 regarding the property located at 316 Lafayette Street. As discussed in your office on November 4, 1997, all of the items listed in your letter have been addressed or are in the process of being repaired. Items two (2) through eleven (11) as listed will be remedied completely by the 30th of November, 1997 . The Trust is presently waiting for an estimate and time table from Joe Allain, a contractor located on Pulaski Street in Salem, regarding item one (1) , the repair of the front porch roof . The Trust has been advised by Mr. Allain that the repairs necessary include rebuilding portions of the porch, replacing the porch roof and applying vinyl siding. As we also discussed in your office on November 4, 1997, Z&M Realty Trust believes that the seventh apartment referred to in your October 22nd letter as item twelve (12) has been in existence since 1495, the date the Trust purchased the property. My office is currently researching available evidence to demonstrate that this is a prior non-conforming apartment . As suggested by you, evidence gathered will be presented to you for the purposes of determining eligibility for "grandfathering" or for referral to the proper city boards . Thank you for your assistance in this matter. If you have any questions, please do not hesitate to call . Z &,-P Realty Trust, by7 it's Attorn - i ' JC�tiuL2���. Daniel P. Munnelly c .c . Z&M Realty Trust of 'afent, A.a5!5arbU'5ett!6 3public Propertp nepartment �p B Nuffbing BrVartment One ibatem &reen (978) 7459593 ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 30 , 1997 John Keenan Church Street Salem, Mass . 01970 Dear Attorney Keenan : Would you please pear$"i�e�the enclosed information to determine if said property in your opinion would have the "grandfathered" right to be a legal seven ( 7 ) family dwelling . Please call me for any additional information you may require . Thank you for your cooperation. Sincerely , Leo E . Tremblay Zoning Enforceme Officer Kalis, Lucas, Gelineau & Kline Attorneys at Law 133 Washington Street, Salem, Massachusetts 01970 (508)741-0862 Fax:(508)745-6909 Robert I. Kalis Henry A. Lucas, Jr. Roy F. Gelineau Anthony F. Kline Daniel P. Munnelly Leo E. Tremblay December 24, 1997 Building Inspector City of Salem One Salem Green Salem, MA 01970 RE: 316 Lafayette Street Dear Mr. Tremblay: As we discussed in your office on November 4 , 1997, Z&M Realty Trust believes that the seventh apartment, referred to in your October 22nd letter as item twelve (12) , has been in existence prior to the adoption of the zoning ordinances . My office has researched available evidence to demonstrate that this is a prior non-conforming apartment . After a diligent search of the neighborhood for persons with knowledge of the existence of the apartment, I have taken the statement of Jeanine Waldie of 316 Lafayette Street . Ms . waldie has been a tenant since 1977 and states that the apartment was in existence when she moved to 316 Lafayette Street . (See attached statement) To confirm the date of construction, Peter Strout of Peter Strout General Contracting conducted an inspection of the subject apartment to time-date the building materials . Based on his investigation, Mr. Strout dates the construction of the apartment to the late fifties. (See attached letter) After the review of this evidence, "grandfathering" would be appropriate in this case as you suggested. Thank you for your assistance in this matter. If you have any questions, please do not hesitate to call . Z Realty Trust, b i s Atto . _/, n D iel P. Munnelly c . c . Z&M Realty Trust I Imo` Petez Strout Cfemezae evmtzactimg 29 INTERVALE RD. SALEM, MA 01970 (508) 745.4112 DATE; 12/22/97 PROPERTY, Kalis, Lucas, Gelineau and Kline Attorneys at Law 133 Washington St. Salem, Ma. DESCRIPTION; 316 Lafayette St. Lower level apartment As a result of my inspection I found the following items to date back to the late 1950's construction methods and materials such as. 1. The drywall appears to be very old on the back side. Since drywall began being used in the i 940s this would lead me to believe this material was installed in the 50s. 2. There as some eiectricai plugs that are two prong and wired with the oidel style braided Romex wiring that is clearly from the 50s or older. 3. The shower valve is not anti-scold and would also date back to the 50s. i have been a general contractor for 25 years and a home inspector for 18 years and feel that this statement is accurate. XSin e ly Y rs PET STROUT i� 14 , 1965 r`r'l45 I L. Fields I 314 3�afayette Street STRUCTURE MATERIAL DIMENSIONS No.OF STORIES No.OF FAMILIES WARD ( COST Garage 6 Wood Demolish BUILDER North Shore Building Wrecking Demolish two car garage building 5/15/75 #115 nstall catwalk,new French windows and stairs to gnd floor. Wntr-North Shore Roofing) 8/8/75 314-316 Lafayette Street Inspected 11/24/82 11504 Install vinyl siding, cost $4,000. (owner Martin Ray) STATEMENT OF JEANINE WALDIE I, Jeanine Waldie, on my oath, do depose and say: 1 . I reside at 316 Lafayette Street, Apt . 1 Salem, Massachusetts . 2 . I have resided at the above apartment since 1977. 3 . There are currently seven apartment units located at 316 Lafayette Street in Salem. 4 . There have been seven apartment units located at 316 Lafayette Street in Salem, at least, since I moved into the apartment building in 1977 . 5 . I believe all seven units were in existence prior to my moving in, as all seven units were occupied by existing tenants when I moved in. Subcribed and sworn under the pains and penalties of perjury, this day of December, 1997 . ,/Lanine Waldie COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. December 1997 Then personally appeared the above-named Jeanine Waldie, and acknowledged the foregoing statement to be her free act or deed, before me, XL Daniel P. Munnelly , Notar, lic My Commission Expires: 10/16/03 3 Cfitu of 1*3ttlrm, ttssttr�uoPto } I'a Publir JorvVertg Elepariment i3uilbing igrpartment Wne Salem t6reen 500.745.9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 22 , 1997 Z & M Realty Trust McGrath & Zaido Trs . 101 Lowell Street Reading, Mass . 01867 RE : 316 Lafayette Street Dear Mr . McGrath & Zaido : Due to a complaint received by this office , an inspection was conducted at 316 Lafayette Street and the following violations were found ; 1 . Front porch ceiling needs immediate attention (hazardous condition ) . 2 . Replace loose and missing ballasters on front porch . 3 . Outside column needs to be secured and repaired. 4 . Rear porches 2nd floor ballasters and flooring must be repaired . 5 . Replace treads at stairs going to roof . 6 . Ballasters need to be installed on roof level at rails . 7 . Ballasters need to be installed on stairway second floor. 8 . Ballasters on first floor must be secured , and replace missing. 9 . Secure loose floor boards 1st floor . 10 . Add ballasters at stairs lst floor . 11 . Install and connect downspouts . 12 . According to my records , only six ( 6) dwelling units are legal at the above structure . You currently have seven ( 7 ) units rented . Please contact this office within fourteen ( 14 ) days upon receipt of this letter to inform us as to your course of action you will take to rectify these violations . Failure to do so will result in legal action being taken against you . Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E . Tremblay Inspector of Buildings LET: scm cc : Councillor Kelley, Ward 5 Citp of §Wem' '41a-qEw JU5ett5S Vublic Vropertp -Department �3uilbing -Bepartnient ®ne Salem green (978) 7459595 (Cxt. 360 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer January 26 , 1998 Z & M Realty Trust McGrath & Zaido Trs . 101 Lowell Street Reading, Mass . 01867 RE : 316 Lafayette Street Dear Mr . McGrath & Zaido: Per your request , I have forwarded all paper work concerning the basement apartment to the City of Salem Solicitor office for his determination of the legal status of the additional apartment in the basement of 316 Lafayette Street . After his review of the documents it is also his feeling as mine , that the basement apartment is illegal per City of Salem Zoning Ordinance . This now leaves you two choices . One, you must file papers with the City of SaleeiBoard of Appeals to try and legalize said apartment by means of a Special Permit . Number two, you may vacate said illegal apartment . I am still awaiting your call to complete my inspection of violations issued on October 22 , 1997 . Please notify this department within fifteen ( 15 ) days upon receipt of this letter, to inform us as to what course of action you will take to rectify this . Failure to do so will result in legal action being taken against you . Thank you for your anticipated cooperation in this matter . Sincerely oGe�o �• u�c.� Leo E. Tremblay Zoning Enforcement fficer LET: scm CC : Councillor Kelley, Ward 5 John Keenan , Assistant Solicitor William Lundregan, City Solicitor DepartmentLegal John Keenan, Assistant Solicitor , . : 0074"111 Memo To: Leo Tremblay, Bldg. Insp. CC. Bill Kelley,Ward Five Councillor Fromm JDK I Ll Date: 01/26 8 Re: 316 Lafayette Street Inspector Tremblay: Per your request. I have reviewed the materials you provided me regarding the use of a 7"' unit at 316 Lafayette Street. In addition to the house card kept in your office which Beady reports 6 units, I have also checked the property records in the assessor's office and the poll books in the derks office. The property record in the assessor's office of March 3, 1972 reports a 6-unit dwelling at 316 Lafayette. This record includes both 314-316 Lafayette. The assessors office does not have documentation earlier than this. The assessors office most recent record (11/26/96) of 314-316 does reflect 7 dwelling units. The polling records in the derk's office indicate fewer than six units in 1964-65-66. Sometime later, around 1978,the polling book does indicate there may have been 7 units in total between 314 and 316. This is consistent with the affidavit of Ms.Waldie. Other than Peter Strout's attempt at dating the materials and construction methods, there is no evidence that this 7" basement unit existed in 1965 when Salem's Zoning Ordinance was adopted. Thus, I would agree with your opinion that this 7h unit in the basement is illegal. As we have discussed before,the statute of limitations on a structural violation that was not permitted is ten years. There is no such protection for a use violation that was not originally permitted. (See attached Lori v.Zoning Bd.of v.Zoning Bd.of Appals of Somersetof Somerset,30 Mass.App. Ct.226 (1991)). -Grandfathering-, as suggested by Attorney Daniel Munnelly, is not appropriate under these circumstances. Should Z&M Realty Trust want to pursue this further,they ought to seek relief from the Board of Appeals. Do not hesitate to contact me with any additional questions regarding this matter. John Keenan 0 Page 1 LORD v. ZONING BOARD OF APPEALS OF SOMERSET, 30 Mass. App. Ct. 226 (1991) VIEW THIS CASE ONLY 567 N.E.2d 954 BENJAMIN R. LORD vs.ZONING BOARD OF APPEALS OF SOMERSET. No. 90-P-983. Appeals Court of Massachusetts Bristol. January 29, 1991.-March 8,1991. Present:ARMSTRONG, FINE, &JACOBS JJ. Zoning, Nonconforming use or structure, Building permit. Limitations, Statute of. Statute of. The ten-year limitations period prescribed in G.L. c.40A,7,is applicable only to nonconforming structures, and did not protect an owner's nonpermissive two-family use of a house located in a single family residence zoning district[227-228], nor was the six-year limitations period set forth in that statute applicable where the building permits under which the owner made structural changes did not contemplate a change from single-family to two-family use [228]. CIVIL ACTION commenced in the Fall River Division of the District Court Department on August 29, 1988. The case was heard by John H. O'Neil,J. Mark L. Levin for the plaintiff. Clement Brown for the defendant. ARMSTRONG, J. The plaintiffs house is located in a single-family residence district; a special permit is required for a two-family residence.The plaintiff appeals from a judgment sustaining the board's denial of such a permit. There is nothing to that aspect of the appeal. See Zaltman v. Board of Appeals of Stoneham, 357 Mass, 482, 484 (1970); Copley v. Board of Appeals of Canton, 1 Mass.App. CL 821 (1973); Subaru of New England, Inc. v. Board of Appeals of Canton, 8 Mass.App. Ct.483 486488 (1979); Schiffone v.Zoning Bd. of Appeals of Walpole,28 Mass.App. Ct. 981, 984 (1990) The complaint also sought a declaration that work done under a building permit in 1966, coupled with his use of the Page 227 house as a two-family residence from 1976 until 1988,when the building inspector issued a cease and desist order, protected that use under G.L. c.40A,7, making a special permit unnecessary.The judge rejected this contention in his decision, but the judgment does not reflect that ruling. The 1966 permit authorized an addition to the first floor, consisting of two bedrooms and a Irving room.At the same time the plaintiff converted the original bedroom and living room on the first floor to a kitchen and bathroom. Between 1967 and 1976 the plaintiff did additional work without benefit of a building permit, adding three bedrooms and a living room in the basement(which already had a kitchen and bathroom). In March, 1972,the plaintiff obtained a building permit to construct a two-car garage. It is agreed that the 1966 permit made no reference to two-family construction or use and that neither the building inspector nor any other town official was aware until 1988 that the plaintiff was using the house in that manner. The second paragraph of G.L.c.40A,7,as amended through St. 1987, c.481, 1, 1 contains two separate limitations periods for actions brought to redress zoning violations:the first,six years, applicable to actions complaining of structural violations or use violations if"real property has been improved and used in accordance with the terms of the original building permit";the second,ten years, applicable to actions complaining of structural violations for which no permit was given. (The limitations period runs in each case from the commencement of the alleged violation.) In contrast to the six-year limitations period applicable to zoning violations ostensibly authorized by a building permit,which explicitly covers both structural violations and use violations,the ten-year limitations period for zoning violations unsanctioned by a permit covers only structural violations.The omission of protection for use violations not sanctioned by permit is plain on the Page 228 It Is not contested that the ten-year limitations period protects the structural alterations done by the plaintiff without a building permit.The plaintiff, however, urges that we interpolate protection also for uses into the ten-year limitations period, consistently(he argues)with our similar treatment of G.L. c.40A,6,first par., in Willard v.Board of Appeals of Orleans,25 Mass.App. Ct. 15 (1987).The interpolation there, however,was necessary to make sense of the statute, "to render[the]statute intelligible and so effectuate its obvious Intent." Id. at 21. No similar confusion arises from the omission in 7 of protection for nonpermissive use violations. The six-year limitations period does not protect the use of the premises as a two-family house.As in the case of the building permit to enclose a porch in Cape Resort Hotels, Inc.v.Alcoholic Lic. Bd. of Falmouth, 385 Mass.205,219 (1982),which presaged no change of use,the record here does not show that the 1966 building permit for the addition contemplated introduction of two-family use. Nor, by 1972, can it be said that a permit for a two-car garage signaled that two families would be using the house. The judgment is to be amended by adding a paragraph declaring that the use of the plaintiffs house as a two-family dwelling is not protected by the provisions of G.L. c.40A, 7.As so amended,the judgment is affirmed. So ordered. FOOTNOTE 1 The amendments to 7 effected by St. 1989, c. 341, 21, if applicable to this case,would not affect the result. Page 229 CITY OF SALEM Mayor Stanley J. Usovicz House P aintin a Pro cram Does your house need a good coat of paint? The City of Salem may be able to help you. Deadline for applications is May 29, 1998. Hors can you qualify? ./The house must be a one- to four-unit building more than 5 years old ./YOU must hale owned the house for at least a year ✓I(you are an owner-occupant you must meet certain income limits ✓If you are an investor, your tenants must meet certain income limits What are the income limits? Household Size Annual Income one person $31,700 two persons $36,250 three persons $40,750 four persons $45,300 five persons $48,900 six persons $52,550 seven persons $56,150 eight persons $59,800 What does the program offer? • Owner-occupied houses: the program pays 100%of the cost of paint, minor carpentry, and contractor's services as a 0% (no interest)deferred loan payable on transfer or sale. ($7,500 maximum loan amount) • In%estor-owned houses: the program pays 50% of the cost in a 3% loan with repayment over 5 years. ($7,500 maximum loan amount) To request an application, call the Salem Planning Department at 745-9595, ext. 311. City of Salem Painting Assistance Program Deadline for Applications: May 29 Application and Eligibility Interested property owners should contact the Salem Planning Department, One Salem Green, Salem, MA 01970 (tel. 508-745-9595, ext. 311) for an Application Form. Applications will be accepted until May 29 for that season's painting assistance program. The information provided by applicants on the Application Form will be used to perform a preliminary eligibility screening. Applicants found to be eligible for the Painting Assistance Program based on the preliminary screening will be asked to provide copies of the following documents: • deed to the property • property insurance policy • most recent property tax and water bills • proof of household income (all household members over 18 years old) • federal income tax returns Tenants in multi-family buildings will be asked to provide documentation of income, copies of most recent utility bills, and a copy of the rental agreement. Property owners who have tenants must agree, in writing, to abide by the City's affordable rent policy for two years after completion of the work. Painting Assistance Property Pool If, atter review of these documents, the applicant is found to be eligible, the applicant's property will enter the Painting Assistance Property Pool. The City Rehabilitation Specialist will then visit the property to assess the exterior condition of the house. Assessment and Priority List After May 29, the City Rehabilitation Specialist will visit the property of all eligible applicants to examine the exterior of the house. The Rehab Specialist will document the condition of the building in writing and with photographs. Applicants may be present for the assessment or not, as they wish. After the exterior condition of all the properties of eligible applicants has been assessed, the City Housing Staff will meet to determine which properties are most in need of painting assistance. Priority will be given to those properties which are in worst condition and which are most visible from the surrounding neighborhood. All properties will be ranked and assistance provided until the current year's funding is exhausted. Those painting projects which cannot be funded in the current year will be placed in the pool for the following year. 2 Estimate Form, Participant Statement and Reservation of Funds After the visit by the City Rehab Specialist, the property owner receives formal notification of the loan approval by mail, copies of the Estimate Form, and a Participant Statement. The Estimate Form provides general specifications for all painting jobs plus any specifications for the participant's particular property. The applicant must sign a copy of the Estimate Form and the Participant Statement and return them within seven days. By signing the Participant Statement the applicant officially becomes a borrower in the program, approves the scope of work, agrees to comply with all legal requirements, certifies the correctness of all information supplied in support of the application, and agrees to complete the painting within 120 days. Contractor Selection The borrower must solicit bids from at least three (3) contractors on the work outlined in the Estimate Form. The contractors must fill out and sign the Estimate Form and attach a bid on their own letterhead. Housing staff can give technical assistance in contractor selection and provide a list of contractors active in the area who have supplied references and whose + performance meets program standards. The borrower, however, is responsible for collecting the bids. The borrower may choose any contractor, but the loan is limited to the lowest bid amount. Borrowers may pay the difference between the lowest bid (the loan amount) and the bid by the contractor they choose. The maximum loan amount available is seventy-five hundred dollars ($7,500). Loan Closing After contractor selection, the loan closing takes place. A Loan Agreement, Personal Loan Note, and At'ortgage Deed are signed. The Personal Loan Note and the Mortgage Deed between the property owners and the City are executed only after the completion of the project, when payments begin. All property owners are expected to be present at the loan closing. Painting During painting the Rehabilitation Specialist will make periodic inspections of the work in progress to ensure quality workmanship. Final Inspection and Certificate of Completion The property owner must notify the Housing Staff when the work is completed. The Rehabilitation Specialist then inspects the work. The property owner and the Rehab Specialist must sign a Certificate of Completion before final payment is issued to the contractor. Loan Repayment Owner-Occupied Property. There are no interest payments on the painting assistance loans to owner-occupants. However, if you sell or otherwise transfer your home within five years after the date of the loan closing or if you violate any of the restrictions or conditions of the programs, all or a portion of the principal must be repaid. If you sell or transfer your home within five years of the loan closing, you must pay back the original principal amount of the loan. Except in 3 the case of a violation of any restrictions or conditions on the loan, you will not be required to pay back an amount greater than the amount by which the sale price for your home exceeds the sum of any approved mortgage loan on your home (based on the outstanding loan balance at the time of sale ) plus any brokers' commissions and/or recording costs paid by you in connection %%ith the sale. If you sell your home after five years, and you have not previously violated any of the restrictions or conditions of the loan, no repayment will be required. Investor-Owned Property. Investor-owners are required to repay the loan at 3 percent interest over five years. Payments are made to the City through the Salem Five Cents Savings Bank. Kalis, Lucas, Gelineau & Kline Attorneys at Law 133 Washington Street, Salem, Massachusetts 01970 (508)741-0862 Fax:(508)745-6909 Robert I. Kalis Henry A. Lucas, Jr. Roy F. Gelineau Anthony F. Kline Daniel P. Munnelly November 5, 1997 Leo E. Tremblay Building Inspector City of Salem One Sale -- Sale 01970 RE: 316 Lafayette Street Dea Tremblay: This is a response to your letter to the Z&M Realty Trust dated October 22, 1997 regarding the property located at 316 Lafayette Street. As discussed in your office on November 4, 1997, all of the items listed in your letter have been addressed or are in the process of being repaired. Items two (2) through eleven (11) -,as listed will -be remedied completely by the 30th of November, 1997. . The Trust is presently waiting for an estimate and time table from Joe Allain, a contractor located on Pulaski Street in Salem, regarding item one (1) , the repair of the front porch roof. The Trust has been advised by Mr. Allain that the repairs necessary include rebuilding portions of the porch, replacing the porch roof and applying vinyl siding. As we also discussed in your office on November 4, 1997, Z&M Realty Trust believes that the seventh apartment referred to in your October 22nd letter as item twelve (12) has been in existence since 1985, the date the Trust purchased the property. My office is currently researching available evidence to demonstrate that this is a prior non-conforming apartment . As suggested by you, evidence gathered will be presented to you for the purposes of determining eligibility for "grandfathering" or for referral to the proper city boards . . .Thank you for your assistance in this matter. If you have any questions, please do not hesitate to call . - Z & .fl Realty Trust, by itis Attorn J U Daniel P. Munnelly c.c. Z&M Realty Trust Q4 JLa 101 LOWELL STREET READING, MASSACHUSETTS 01867 PAUL M.ZAIDO VINCENT F. MCGRATH 944-5259. 6313027 January 30, 1998 Mr. Leo E. Tremblay Inspector of Buildings One Salem Green Salem,MA 01970 Re: 314316 Lafayette St. Dear Mr.Tremblay: In response to your letter of January 26, 1998: 1. The basement apartment at 31.6 Lafayette St. has been vacant since 12/1/97. 2. Violations issued on 10/22/97. a. The front porch ceiling was scrapped and loose boards were screwed in place. (see letter attached - dated 11/5/97) b. all other repairs have been completed. Sinceyely, 2=--2�atdo �