113-115 LORING AVENUE - BUILDING INSPECTION ; ,�� .
, , . .
___
. _.�.W.
$ e NIJILDING DEPT
Apr, 9 11 -35 All 190
CITY OF SALEM - MASSACHUSETTS RECEIVED
KEVIN T. DALY Legal Department CITY OF SHLEMI-R"D F. FEMINO
City Solicitor 93 Washington Street Assistant City Solicitor
508-745-0500 Salem, Massachusetts 01970 508-921-1990
April 5 , 1990
Mr. William H. Munroe
Building Inspector
City of Salem _
One Salem Green -
Salem, MA 01970
113-113}-115 Lorin Avenue, Salem, Massachusetts
Dear Mr . Munroe :
Please be advised that I have examined various documentation
relative to the use of the above-described premises as a three-family
dwelling. I have examined an affidavit by Ms . Jean E. Conwell who
resided at 115 Loring Avenue in 1964 and an affidavit by Mr . Sahag _
Sahagian who live at 119 Loring Avenue from 1950 through 1970 .
Additionally, I have examined copies of census records dating back to
1964 as well as a mortgage survey plan of the property in question .
Based on my review of this documentation, it is my opinion that
this dwelling was a lawful three-family residence prior to the adoption
of the City' s Zoning Ordinance in 1965 . It is my opinion that this
dwelling should be afforded the protection of Section VIII ( E ) of the
aforementioned ordinance relative to non-conforming uses and this
dwelling ' s current use as a three-family unit is permissible.
Thank you for your attention to this matter .
Very truly yours,
r4 ,
KEVIN T. DALY
CITY SOLICITOR
KTD/rmj
ON
ff ,
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
9 North Street
ROBERT E. BLENKHORN Salem, Massachusetts 01970
HEALTH AGENT
508-741-1800
October 23, 1992
Kathrine and William Stamos
466 Loring Avenue
Salem,MA 01970
Dear Mr. &Mrs.Stamos:
In accordance with Chapter 111,Sections 127A and 127B,of the Massachusetts General Laws, 105 CMR 400.00: State
Sanitary Code,Chapter 1: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code,Chapter I1:
Minimum_Standards-of-Fitness-for,Human_Habitation,-an,Iinspection was conducted of your property located at
113 Loring Avenue, Apt. l occupied by Pat LaPointe conducted by Julie Forsberg, Sanitarian of the Salem Health
44Department on September 24, 1992 @ 9:00 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 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 these violations in accordance with the enclosed report.
Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem
District Court.
Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for
said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said
hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this
Order should be modified 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:
RoDe�R lenkhom, C.H.O. Julie Forsberg
Health Agent Sanitarian
Certified Mail P 332 152 018
cc: Tenant
Fire Prevention
Building Inspector
Page 1 of
SALEM HEALTH DEPARTMENT
9 North Street.
Salem,MA 01970
State Sanitary Code, Chapter It: 1.05,CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: Rt " Phone:
Address: its Apt. I Floor
Owner. . ye' Wil 1 441 Address: li
Inspection Date: 2-4 ' q 2- Time: CI ' arM
Conducted By:. �u die Accompanied By: �- L�
Anticipated Reinspection Date:
Specified Reg # Violation
Time 410. . . .. r
�ol�sv lI ci- Ic� F C0 t-vt �ce vLf o F C-'
7 S. �rr �Jow� �l i ce o f CoC� t ac�Gt-B�
:. �: ., . �- .;, .. i V, Ki �- t ,tea. �•-,'-r �-`�- vl�+-v, a_
CWt
;r : : Cov tF tea c��u�✓vi i 4- 42- >
1 �t. S SSI �i ii +cl��2v, Wt Loo �m
W . ov�f s -fz awe
ga:D .
One or more of the above violations may endanger or materially impair
the health, safety and well-being or the o ants(s).
Code Enforcement Ins or
Este es un documento legal importante. Puede que afecte sus der chos.
Puede adquiriruna traduccion de esta forma.
APPENDIX H(14)
Legal Remedies for Tenants of
Residential Housing
The following is a brief summary of some of the legal remedies tenants may use in order to get housing code violations
corrected:
1. Rent Withholding(Massachusetts General Laws,Chapter 239,section 8A):If Code Violations Are Not Being Corrected you
may be entitled to hold back your rent payments.You can do this without being evicted if.
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 they can be repaired while you continue to live in the building.
C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it (For this,it is best to put the
rent money aside in a safe place.)
2. RWn it nd D (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 are code violations which
endanger or materially impair your health,safety,or well-being,and your landlord has received written notice of the violations,,
you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have them
made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent in any
year to make the repairs.
3. ases or .vi .tions prohibits (Massachusetts General Laws,Chapter 186,section 18,and Chapter 239,
section 2A):The owner may not increase your rent or evict you in retaliation for making a complaint to your local code
enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made
the complaint,he or she will have to show-a,good reason for the,increase or eviction which is.unrelated.to your complaint.You
may be able to sue the landlord for damages of he or she tries this.
4. Rent Receivership(Massachusetts General Laws,Chapter 11,section 127 C-H):The occupants and/or the Board of Health may
petition the District or Superior Court to allow rent to be paid into court rather than to the owner.The court may then appoint a
"receiver"who may spend as much of the rent money as is needed to correct the violation.The receiver is not subject to a
spending limitation of four months'rent
5. Breach of Warrattty of Habitability:You may be entitled to sue your landlord to have all or some of your rent returned if your
dwelling unit does not meet minimum standards of habitability.
6. Unfair and D=tive Pra ; es(Massachusetts General Laws,Chapter 93A): Renting an apartment with code violations is a
violation of the consumer protection act and regulations,for which you may sue an owner.
The information presented above is only a summary of the law.Before you decide to withhold your rent or take any other
legal action,it is advisable that you consult an attorney.If you cannot afford to consult an attorney,you should contact the
nearest legal services office,which is:
Neighborhood Legal Services
37 Friend St.
Lynn,MA 01902
(617) 599-7730
Page Z of
SALEM HEALTH DEPARTMENT to • to •q2
SalemMA 01970
9 North Street Date:
.
eo � _
Name: �.{ '�� Address:
Specified Reg # Violation
Time 410. . . .
I� Vi �m .
1 55 I lam, smell csc��r-, W"
w
Vvn LLC,-
Oc�t-o bei- 30 .
w�Us l—ov 'cAi
i 1 -1 Wc-v C ;
_gam-_ ��z--,-, ••
+z> =AN et[t 14--
'1 552 c4S -mac t s tom, wi�F --
be �-t 1-,� -
bi-o K CAr
14 D S 5Oo C3a 1 LL-e.+ -t� ca� CA�
So3 1r,oL--+ �vzk�� S
en� cc.i— pct i l—