128 MARLBOROUGH ROAD - BUILDING INSPECTION 128 MARLBOROUGH ROAD
SSaJilpe 1-1,11110A aLIj 10 11-1611
SENDER: I also wish to receive the
• Complete items 1 and/or 2 for additional services.
• Complete items 3,and as&b. following services (for an extra
I • Print your name and address on the reverse of this form so that we can fee):
r return this card to you.
• Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addle6see's Address
C' does not permit.
'A .8 • Write"Return Receipt Requested"on the mailpiece below the article number. 2. El Restricted Delivery '
'A .iij • The Return Receipt Fee will provide you the signature of the person delivers Consult postmaster for fee.
IL m to and
the date of delivery.
p3. Article Addressed to: 4a. Article Number
°a m Cecilia Magyar P 009 226 293
z 128 Marlborough Rd. 4b. Service Type
¢iSalem, MA 01970 ElRegistered ❑ Insured
{ W e _ Certified ❑ COD
2.o Express Mail Return Receipt for
m erhni
I
02
7. Date of Delivery
m
` u 5. Signature (Addressee) 8. Addressee's Address (Only if requested
and fee is paid)
6. Signature (Agent)
PS Form-381 1, November 1990 eu.S.GPO:1991-2117-0611 DOMESTIC RETURN RECEIPT
�r•�"�y CITY OF SALEM �eR.. P L709 226 293 ^"
�. BUILDING DEPARTMENT ? ----- _.,_
CITY HALL ANNEX n
ONE SALEM GREEN -;.
SALEM, MASSACHUSETTS 01970 p p y U''' E't
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�fAs �DFR O MAY-593 W7 0 2 9
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nQoWteieo( 11"k". m ' MA HMETER 412i54 * .
rp'�Ot,* ottico�-oarnb
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Cecelia Magyar RAW:
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128. Marlborou h of Nojjc
I Rett
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9 Public Prupertg Department
Nuilbing Department
(One Salem (green
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
May 3, 1993
Cecelia Magyar
128 Marlborough Road
Salem, MA 01970
RE: 128 Marlborough Rd.
Dear Ms. Magyar:
In response to a request made by a tenant residing at the above
referenced property, an on site inspection was conducted on Friday, April 30,
1993 with the following results:
1. The fenced in area around the pool does not meet the code which
states the fence must be a minimum of 4' high with a 3' self-closing
door.
2. The fence around the exterior of property is in a state of disrepair.
3. There have been no building permits issued for the woodburning stove,
the finishing of the basement or the enclosing of the front and rear
porches. These items must either be removed or brought up to code and
permits issued.
4. There is a structural crack in masonry at front of building.
5. The handrail at stairwell to basement must be repaired.
6. Stone retaining walls must be repaired.
7. Oil tank for oil burner must be replaced. Oil furnace must be
replaced or, if possible, repaired. The tenants have been told it is
"unsafe" and not to use it.
8. Masonry fence at front yard is to be removed.
9. Missing handrail at exterior main entrance.
10. Cracked and broken lintels over windows must be replaced.
w . .
2.
Cecelia Magyar
128 Marlborough Rd.
Salem, MA 01970
May 3, 1993
Re: 128 Marlborough Rd.
11. The front porch ceiling leaks and is a hazard, this must be repaired
at once.
12. Roof leaks around skylight at rear porch.
13. Leak in small bedroom, left hand corner, must be fixed.
14. There is a hole in the plaster of the closet in the small bedroom,
must be fixed.
15. All windows in the basement leak, and must be repaired.
16. The drain for the washing machine must be connected to the sewer
line.
17. Supports for electrical service at exterior of building must be
installed at the electrical pipe.
18. Electrical box must b e .removed from exterior window at front of
house.
19. The electrical work in the basement was never completed.
20. The carpet in the basement must be removed to relieve the musty odor.
You are hereby requested to contact this office within seven (7) days of
receipt of this notice to inform us of your course of action.
I thank you in advance for your attention in this matter.
Sincerely,
Leo E. Tremblay
Inspector of Buildings
LET:bms
cc: Councillor O'Leary
Ann & Dave Desfosses
Certified Mail #P 009 226 293
/128mrlb/
Ilk
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o
CITY OF SALEM - MASSACHUSETTS
ROBERTA. LEDOUX Legal Department JOHN D.KEENAN
City Solicitor 93 Washington Street Assistant City Solicitor
314 Essex Street SalemMassachusetts 01970 15 Church Street
,
508-741-2111 508-744-8500
August 26, 1997
Leo Tremblay, Bldg. Inspector
One Salem Green
Salem, Massachusetts 01970
RE. Peter King Arraignment
128 Marlborough Roar!
Dear Leo:
I appeared in court today on the above captioned matter. Apparently the bank has
foreclosed on the property and Mr. King has moved out. He did show at court today. I
discussed your items with him. He explained that the fence around the pool was in tact
when he left on June 1, 1997 and that the debris and unregistered vehicles had been
removed. As he is no longer the owner and has not been since Junel, I requested
dismissal (without prejudice) against him.
When you get a chance, please take a look and let me know if we need to notify
the new owners (the bank) to do any work. I have enclosed a copy of the Agreement for
Judgment.
Thank you for your attention to this matter.
Ve b st regards,
Jo D. Keenan
JDK/kjm
Enc.
APPLICATION J ADULT NUMBER Trial Court of Massachusetts
FOR COMPLAINT ❑ JUVENILE District Court Department
❑ ARREST HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION
The within named complainant requests that a complaint issue against the within silu81t
named defendant, charging said defendant with the offense(s)listed below. 65WAW&40Dn3fttiiiIil
DATE?F 65LICATION DATE?E fflENSE PLACE OE DEFENaSY1DOI011g11 Road Salon. 4 �
NAME OF COMPLAINANT 4/L Y/ lLtf M
City of Salem Building Department NO. OFFENSE G.L. Ch. and Sec
ADDRESS AND ZIP CODE OF COMPLAINANT State of Massachusetts
One Salem Green t' Building Code 5th Addition
_.. _
Salem, Mass. 01970 Section
104.0
2. 104.1
NAME,ADDRESS AND ZIP CODE OF DEFENDANT
Patrick Ring
18 Mason Street ----- -
_ 3.
. Beverly, Mass. 01915
4.
COURT USE I A hearing upon this complaint application DATED EARING TIME OF FARING COURT USE
ONLY—* will be held at the above court address on AT *—ONLY
CASE PARTICU RS — BECdPEIbIFIC
NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED
NO.. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON
person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc.
1
2
3
4
OTHER REMARKS:
Failure to respond to correspondence.
X
SIGNATURE OF COMPLAINANT
DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known.
DATEOF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR -
OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME
O
O
3
v
5
Z
D
2
N
O
O
DC.CR2(3188)
($1oTito of° Ilublic Propertg Ilepartment iguilaing 13epartment
(One 6atem (Breen
508-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
April 23, 1997
Zoning Enforcement Officer
Patrick King
18 Mason Street
Beverly, Mass. 01915
RE: 128 Marlborough Road
Dear Mr. King:
Due to a complaint received by the Neighborhood Improvement Task Force, I
conducted an inspection and found the following violations:
1. Fence must be repaired immediately around pgol area.
2. All debris must be cleaned from yard.
3. Unregistered vehicles must be removed from premises.
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
these violation. Failure to do so will result in legal action being taken
against you.
Thank you for your anticipated cooperation regarding this matter.
Sincerely,
Leo E. Tremblay
Inspector of Buildings
LET: scm
cc: Jane Guy
Councillor O'Leary, Ward 4
'®IGHBORHOOD IMPROVEMENT TASK FORCE
APR 1 '; 1997�/ REFERRAL FORM
Date:
JO 7
Address: J Br�B
Complaint: SWC . lowl amp A&-v B (—
r !'CC �P//
P q2R tr9rt er do!
C c /P 91//p e 'r( spe a 'v m AOU:5e
Complainant: S2 c y e o h v" c Phone#: A4 r)PO
Address of Complainant: ` u e
DAVID SHEA. CHAIRMAN KEVIN HARVEY
BUI�DlNg INSPECTOR ELECTRICAL DEPARTMENT
FIRE PREVENTION CITY SUL1CiTOR
HEALTH DEPARTMENT SALEM HOUSING AUTHORITY
ANIMAL CONTROL POLICE DEPARTMENT
PLANNING DEPARTMENT ASSESSOR
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:
ADMINISTRATION AND ENFORCEMENT
Department of Public Safety shall be notified in writing within seven (7) working
days of any action taken under this section.
101.4 Referenced Standards: Where differences occur between provisions of this
code and referenced standards, the provisions of this code shall apply.
SECTION 102.0 ORDINARY REPAIRS
102.1 General: Except as provided in Section 113.1, a permit shall not be required
for ordinary repairs to buildings and structures.
SECTION 103.0 INSTALLATION OF SERVICE EQUIPMENT
103.1 General: When the installation, extension, alteration or repair of an elevator,
moving stairway, mechanical equipment, refrigeration, air conditioning or ventilating
apparatus, plumbing, gas piping, electric wiring, heating system or any other
equipment is specifically controlled by the provisions of this code or the approved
rules, it shall be unlawful to use such equipment until a certificate of approval has
been issued therefor by the building official or other agency having jurisdiction.
SECTION 104.0 MAINTENANCE
104.1 General: All buildings and structures and all parts thereof, both existing and
new, shall be maintained in a safe and sanitary condition. All service equipment,
means of egress, devices and safeguards which are required by this code in a
building or structure, or which were required by a previous statute in a building or
structure, when erected, altered or repaired, shall be maintained in good working
order.
104.2 Owner responsibility: The owner, as defined in Article 2, shall be
responsible for the safe and sanitary maintenance of the building or structure and
its exitway facilities at all times, unless otherwise specifically provided in this code.
780 CMR - Fifth Edition 1-3
r
3 (situ of #tt1Em, Maosac4usetts
Public Propertg Bepartment
iguilbing Department
(One Belem Breen
508-745-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building April 23, 1997
Zoning Enforcement Officer
Patrick King
18 Mason Street
Beverly, Mass. 01915
RE: 128 Marlborough Road
Dear Mr. King:
Due to a complaint received by the Neighborhood Improvement Task Force, I
conducted an inspection and found the following violations:
1. Fence must be repaired immediately around ppol area.
2. All debris must be cleaned from yard.
3. Unregistered vehicles must be removed from premises.
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
these violation. Failure to do so will result in legal action being taken
against you.
Thank you for your anticipated cooperation regarding this matter.
Sincerely,
Leo E. Tremblay
Inspector of Buil Ings
LET: scm
cc: Jane Guy
Councillor O'Leary, Ward 4
A 7®IGHBORHOOD IMPROVEMENT TASK FORCE
P
APR 1 1997 / REFERRAL FORM
Date: / d97
Address: )
Complaint: "Ltr 4VI aa t'S B I—
+'
lei
� r`�/P of PeVer 15PP a U ® /IOuS�
Complainant: S2 c Lo c hOh7 C Phone#:
Address of Complainant: y ,e
DAVID SHEA, CHAIRMAN KEVIN HARVEY y
_v
I
DING INSPECTORELECTRICAL DEPARTMENT fig,
l 9"e
FIRE PREVENTION CITY SOLICITOR >
HEALTH DEPARTMENT SALEM HOUSING AUTHORITY g
ANIMAL CONTROL POLICE DEPARTMENT
PLANNING DEPARTMENT ASSESSOR I
S
TREASURER/COLLECTOR DPW
rt
WARD COUNCILLOR DAN GEARY
SHADE TREE s
PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE
SHEA WITHIN ONE WEEK. THANK YOU FOR YOUR ASSISTANCE.
ACTION:
ycap
3
a �
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
9 North Street
ROBERT E. BLENKHORN Salem, Massachusetts 01970
HEALTH AGENT
508-741-1800
July 12, 1993
Cecelia Magyar
310 E-I Waters Avenue
Tampa, Florida 33604
Dear Ms. Magyar:
We have been informed that your tenants at 128 Marlborough Road_, Apt. I will be vacating the
premises. C- –• —
Please be advised that all violations previously cited by this department must be corrected and a
Certificate of Fitness issued before you can rent to another tenant.
Upon completion of repairs, please contact us for a reinspection.
Enclosed is information regarding the Certificate of Fitness Ordinance in the City of Salem.
Thank you for your cooperation.
FOR THE BOARD OF HEALTH REPLY TO
t4-r
RO ERT E. BLENKHORN, C.H.O. VIRGINIA MOUSTAKIS
HEALTH AGENT SANITARIAN
REB/mp
cc: Building Inspector I/
Fire Prevention
Councillor Leonard F. O'Leary
CERTIFIED MAIL P 348 635 266
Encl.
c'
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a' 0
CITY OF SALEM HEALTH DEPARTMENT
OFFICE OF THE BOARD OF HEALTH
Salem,Massachusetts 01870
ROBERT E BLENKHOHN,CHO NINE NORTH STREET
HEALTH AGENT Tel:(508)741-1800
Fax:(508)7408705
January 24, 1994
Ms. Cecelia Magyar
310 E-1 Waters Avenue
Tampa, Florida. 33602
Dear Ms. Magyar:
Please by advised that all health code violations cited at your property
located at 128 Marlborough Road in the City of Salem Massachusetts, have
been corrected.
Thank you for your cooperation in this matter.
FOR THE BOARD OF HEALTH
Robe\r E. Blenkhorn, CHO
Health Agent
REB/bas
cc: Leo Tremblay, Building Inspector
Michael Opidee, 10 Pumping Station Road, Peabody, MA 01960
LN
'
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'Cowo�
11 CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
9 North Street
ROBERT E. BLENKHORN Salem, Massachusetts 01970
HEALTH AGENT
508-741-1800
August 4, 1993
Cecelia Magyar
310 E-I Waters Avenue
Tampa, Florida 33604
Dear Mrs. Magyar:
In accordance with Chapter III, Sections 127A and 127B 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 If: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of your property
located at 128 Marlborough Road Apt.2 occupied by(vacant)formerly Ann Des'Fosses conducted by
Virginia Moustakis, Sanitarian of the Salem Health Department on 7/29/93 @ 2:45 p.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:
Robert E. Blenkhorn, C.H.O. Virginia Moustakis
Heafth Agent Sanitarian
cc Building Department
Fire Prevention
Mike Opidee, 10 Pumping Station Road, Peabody, MA 01960
Certified Mail P 348 635 291
Page 1 of a/
SALEM HEALTH DEPARTMENT
9 North Street
Salem,MA 01970
State Sanitary Code, Chapter If: 105,CMR 410.000
Minimum Standards of Fitness for Human Habitation
wacd,n rJ _
Occupant: f;eI77 A-P/r, �i✓N �/
4o. SSES Phone:
Address: /;2 # /� (7C "50 le/7 I01/ /e/ Apt. / Floor _� n
Owner. � eem6zi R 7. Address: _y /3
2221n 3366N
Inspection Date: LTi / z A 9 / 9.3 Time: �2; Z/S— P/9 n
Conducted By: _V A/ai/m d/c/S Accompanied By: W,#,cZk r k-AY&n
Anticipated Reinspection Date:
Specified Reg # Violation
Time 416. . . .
N
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P e v P iv
az�b�T7�/G
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O Paz/ /y uST
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One or more of the above violations may endanger or materially impair
the health, safety and well-being
or the occupants(s). 1—
��l Sill vun/ / /nTA�i
(/ Code Enfor(emement Inspector
Este es un documento legal importante. Puede que afecte sus derechos.
Puede adquidruna traduccion de esta forma.
APPENDIX 11(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. 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 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. Retaliatory Rent Increases or Evictions Prohibited(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 Aoladons.If the owner raises your rent to tries to evict within six months after you have made
the complaint he or she will:haye;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. R nt R eeiv rship(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 Warranty 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 Pptive Practices(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 _6Z, of _
SALEM HEALTH DEPARTMENT
9 North Street Date: 7 a 9-Lf
Salem. MA 01970
Name: var/./.n T — /2elnZ724 / �Address: a t 6'?G jg p
Specified Reg # Violation
Time 410. . . .
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Titu of �tt1Pm, fflassar4usetts
Public Propertp Be}tnrtment
Nuilbing Department
(One Salem (5reen
588-715-9595 text. 388
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
May 3, 1993
Cecelia Magyar
128 Marlborough Road
Salem, MA 01970
RE: 128 Marlborough Rd.
Dear Ms. Magyar:
In response to a request made by a tenant residing at the above
referenced property, an on site inspection was conducted on Friday, April 30,
1993 with the following results:
tThe fenced in area around the pool does not meet the code which
states the fence must be a minimum of 4' high with a 3' self-closing
door.
The fence around the exterior of property is in a state of disrepair.
There have been no building permits issued for the woodburning stove,
the finishing of the basement or the enclosing of the front and rear
porches. These items must either be removed or brought up to code and
permits issued.
/ There is a structural crack in masonry at front of building.
$(. The handrail at stairwell to basement must be repaired.
i\ Stone retaining walls must be repaired.
Oil tank for oil burner must be replaced. Oil furnace must be
replaced or, if possible, repaired. The tenants have been told it is
"unsafe" and not to use it.
Masonry fence at front yard is to be removed.
Missing handrail at exterior main entrance.
* Cracked and broken lintels over windows must be replaced.
2.
Cecelia Magyar
128 Marlborough Rd.
Salem, MA 01970
May 3, 1993
Re: 128 Marlborough Rd.
�(- The front porch ceiling leaks and is a hazard, this must be repaired
at once.
12. Roof leaks around skylight at rear porch.
0�1 Leak in small bedroom, left hand corner, must be fixed.
There is a hole in the plaster of the closet in the small bedroom,
must be fixed.
,'A All windows in the basement leak, and must be repaired.
The drain for the washing machine must be connected to the sewer
ne.
Supports for electrical service at exterior of building must be
in talled at the electrical pipe.
Electrical box must b e removed from exterior window at front of
ouse.
1 The electrical work in the basement was never completed.
2�. The carpet in the basement must be removed to relieve the musty odor.
You are hereby requested to contact this office within seven (7) days of
receipt of this notice to inform us of your course of action.
I thank you in advance for your attention in this matter.
Sincerely,
Leo E. Tremblay
Inspector of Buil ngs
LET:bms
cc: Councillor O'Leary
Ann & Dave Desfosses
Certified Mail #P 009 226 293
/128mrlb/
Plans must be filed and approved by the Inspector before a permit will be granted.
No. City of Salem Ward
Is Property Located in the -
Historical District? Yes_ No-Lff�
>! Home Phone
Is Property Located in a 1 A.
Conservation Area? Yes_ Nov 'O•�,�L ••• p* Bus.Phone#
APPLICATIONFOR
PERMIT TO CONSTRUCT P6%, BEeffS AWSAJ"eft
Salem, Mass.,
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby applies for a permit to build according to the following specifications:
Owner's name and address �1
Architect's name `—
Mechanic's name and address -
Location of building, No.
What is the purpose of building?
Material of building? _
If a dwelling, for how many families?
Will the building conform o the requirements of the law? J
Estimated cost 0-0-6
C� ontractors Lic. No. �-
Signature of pplicant-� � - Z�z l��r����
V+igned Under the Penalty of Perjury
REMA IS,S,/D Q�� {
No. 7 Ward_
APPLICATION FOR
PERMIT TO CONSTRUCT
SWIMMING POOL
Location
PERMIT GRANTED
19
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Approved
Building Inspec r
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EDGEWOOD CONTRACTORS
RESIDENTIAL & COMMERCIAL BUILDERS
EDGEWOOD ROAD • GLOUCESTER, MASS.
EDWARD LEVIE DOUGLAS AUSTIN
281-0391 356-4435
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COMMONWEALTH OF MASSACHUSETTS
E.
E k DEPATC:MENT OF INDUSTRIAL ACCIDENTS
_ 600 WASHINGTON STREET
games Camooei BOSTON, MASSACHUSETTS 02111
om ss one WORKERS' COMPENSATION INSURANCE AFFIDAVIT
(licensee/perminee)
with a principal place of business/residence at:
(City/State/Zip)
do hereby certify, under the pains and penalties of perjury, that:
[ ] I am an employer providing the following workers' compensation coverage for my employees working on this
job.
Insurance Company Policy Number
[ J I am a sole proprietor and have no one working for me.
[ ] 1 am a sole proprieto , general conrraaor homeowner (circle one) and have hired the contractors listed below
who have the following wor vers compensation insurance policies:
Name of Contractor Insurance Company/Policy Number
Name of Contractor Insurance Company/Policy Number
Name of Contractor Insurance Company/Policy Number
(] I am a homeowner performing all the work myself.
NOTE: Please be aware that while homeowners who employ persons to do maintenance,construction or repair work on a
dwelling of not more than three units in which the homeowner also resides or on the grounds appurtenant thereto arc not generally
considered to be employers under the Workers' Compensation Act(GL C. 152,sett. 1(5)), application by a homeowner for a license
or permit may evidence the legal scams of a t employer under the Workers' Compensation ACL
I understand that a copy of this statement will be forwarded to the Department of Industrial Accidents'Office of insurance for coverage
verification and that failure to secure coverage as required under Section 25A of MGL 152 can lead to the imposition of criminal penalties
consisting of a fine of up to$1500.00 and/or imprisonment of up to one year and civil penaities in the form of a Stop Work Order and a
fine of 5100.00 a day against me.
Signed this day of 'O�L , 19 �3
Licensee/Permittet: Licensor/Permirtor
CITY OF SALEM
BUILDING DEPARTMENT
HOMEOWNER LICENSE EXEMPTION
Please Print
DATE
JOB LOCATION
Number Street address Section of Town
"HOMEOWNER -9a Ute-' 11z lo�a-
Name Home phone Wore phone
PRESENT MAILING ADDRESS �� /'/� �j
City/Town State Lip Code
Tire current exemption of "homeowners" .vas extended to include owner-occupied
dwellinas of six units or less and to allow such homeowners to engage an in-
dividual for hire who does not possess a license, provided that the owner
acts as supervisor. ( State Building Code Section 109. 1 . 1 )
DEFINITION OF HOMEOWNER:
Person(s ) who owns a parcel of land on which he/she resides or intends to re-
side, on which there is, or is intended to be, a one to six family dwelling,
attached or detached structures accessory to such use and/or farm structures.
A person who constructs more than one home in a two-year period shall not be
considered a homeowner. Such "homeowner" shall submit to the Building Official ,
on a form acceptable to the Building Official , that he/she shall be responsible
for all such work performed under the buildino permit. Section 109. 1 . 1
.he undersianed "homeowner" assumes responsibility for compliance :rith the State
Buiidina code and other applicable codes . by-laws, rules and regulations.
The undersigned "homeowner" certifies that he/she understands the City of Salem
Building Department minimum inspection procedures and requirements and that
he/she will comply with said procedures and requirements.
HOMEOWNER 'S SIGNATURE G
APPROVAL OF BUILDING OFFICIAL
NOTE: Three family dwellings 35.000 cubic feet, or larger, will be required
to comply with State Building Code Section 127.0, Construction Control .
HOME OWNER' S EXEMPTION
The Code states that: "Any Home Owner performing work for which a building
permit is required shall be exempt from the provisions of this section
(Section 109.1 . 1 - Licensing of Construction Supervisors ) ; provided that is
a Home Owner engages a person(s ) for hire to do such work, that such Home
Owner shall act as supervisor. "
Many Home Owners who use this exemption are unaware that they are assuming
the responsibilities of a supervisor (see Appendix Q, Rules and Regulations
for Licensing Construction Supervisors, Section 2. 15) . This lack of aware-
ness often results in serious problems, particularly when the Home Owner
hires unlicensed persons. In this case your Board cannot proceed against
the unlicensed person as it would with licensed Supervisor. The Home Owner
actina as supervisor is ultimately responsible.
o ensure that the Home Owner is fully aware of his/her responsibilities.
many communities require. as part of the permit application, that the Home
Owner certify that he/she understands the responsibilities of a supervisor.
On the last page of this issue is a form currently used by several towns.
You may care to amend and adopt such a form/certification for use in your
community.
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EDGEWOOD CONTRACTORS
RESIDENTIAL & COMMERCIAL BUILDERS
EDGEWOOD ROAD • GLOUCESTER, MASS.
EDWARD LEVIE DOUGLAS AUSTIN
281-0391 356-4435
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CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
9 North Street
ROBERT E. BLENKHORN Salem, Massachusetts 01970
HEALTH AGENT
508-741-1800
May 25, 1993
Cecelia Magyar
310 E-1 Waters Avenue
Tampa,Florida 33604
Dear Ms Magyar
In accordance with Chapter 111, Sections 127A and 127B,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 II:
Hamm-Standards_of Fitness for Human Habitation, an inspection was conducted of your property located at
128 Marlborough Road Apt. cupied by Ann Des' Fosses conducted by Virginia Moustakis, Sanitarian of the Salem
ealth Department on Mky 14;-1993 (aJ 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 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
rtthe�Board of Health Reply to:
RobeYt B enkhorn, C� Virginia Moustakis
Health Agent Sanitarian
cc: Tenant
Fire Prevention
Building Inspector
Certified Mail P 348 634 922
Page 1 of
SALEM HEALTH DEPARTMENT
9 North Street
Salem, MA 01970
State Sanitary Code, Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: 4Aj/N Phone: -
Address: ._ Apt. Floor /
Owner. AA A r if'O k . Address: -5'1,1 E-/ // 2ZX V 4VZ-:
Zyf22�/)y, f��IDGC 33645
Inspection Date: /'� 93 Time: /0 00 '4M
Conducted By: y,PG/'V 40C/Ma&IS Accompanied By: /CtiaInl'
Anticipated Reinspection Date:
Specified Reg # Violation
Time 410. . . .
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One or more of the above violations may endanger or materially impair
the health, safety and well-being r the occupants(s). J
ctor
Code Enfo cement Inspector
Este es un documento legal importante. Puede que afecte sus derechos.
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. Repair and Deduct(Massachusetts General Laws,Chapter 111,section 127L):The taw 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. Retaliatory Rent Increases or Evictions Prohibl (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 eyicgon:which is.unrelated to your.complaint.:You
msy tie 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 Warranty 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 Deceptive Practices(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
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CITY OF SALEM HEALTH DEPARTMENT
ll BOARD OF HEALTH
9 North Street
ROBERT E.BLENKHORN Salem, Massachusetts 01970
HEALTH AGENT
508-741-1800
April 30,1993
Cecelia Magyar
310 E-1 Waters Avenue
Tampa,Florida 33604
Dear Ms.Magyar:
Complaints have been received by this department relative to exterior blight conditions existing at your
property located at 128 Marlborough Road in the City of Salem Massachusetts.
An on site inspection on April 29,1993 conducted by Virginia Moustakis,Sanitarian of the Salem
Health Department noted broken, falling fence,miscellaneous debris(tires,lawn mower,and oil tank)
under an open area at the front of the building. There is also overgrowth of grass and weeds. All are in
violation of State Sanitary Code Chapter 11 105 CMR 410.602 and are creating serious fire health and
safety hazards for the tenants and general public,there is also a large piece of wood that was used as a
petition of sort that has fallen.
You are hereby ordered to clear and remove or cause to have removed all debris,wood tires etc.and cut
and remove all overgrowth within 48 hours.
Contact Salem Fire Prevention Bureau at(508)745-7777 relative to removal and disposal of the oil tank.
(fencing
egard to inground pool, I am referring this matter-to the Building Department to ascertain if all
requirements have been complied with.
a.
Failure on your part to comply within the time specified 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.
ti `d SALEM HEALTH DEPARTMENT
< ; 9 North Sfreet
r Salem, MA 01970
MAGYAR
APRIL 30, 1993
PAGE 2
If you have any questions,kindly contact this office at(508)741-1800.
For The Board.of Health -- Reply to
Robert E.Blenkhom,C.H.O. Virginia Moustakis
Health Agent Sanitarian
REB/b
cc: Fire Prevention
Building Inspector
Ward Councillor Leonard F.O'Leary
CERTIFIED MAIL P 348 634 748 , s
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Public Vropertu Department
Nuilibing Department
(One tfalem 06reen
508-7.15-9595 Eat.
Leo E. Tremblav
Director of Public Property �O
Inspector of Building
Zoning Enforcement Officer
May 3, 1993
Cecelia Magyar
128 Marlborough Road
Salem, MA 01970
RE: 128 Marlborough Rd.
Dear Ms. Magyar:
In response to a request made by a tenant residing at the above
referenced property, an on site inspection was conducted on Friday, April 30,
1993 with the following results:
1. The fenced in area around the pool does not meet the code which
states the fence must be a minimum of 4' high with a 3' self-closing
door.
2. The fence around the exterior of propertv is in a state of disrepair.
3. There have been no building permits issued for the woodburning stove,
the finishing of the basement or the enclosing of the front and rear
porches. These items must either be removed or brought up to code and
permits issued.
4. There is a structural crack in masonry at front of building.
5. The handrail at stairwell to basement must be repaired.
6. Stone retaining walls must be repaired.
7. Oil tank for oil burner must be replaced. Oil furnace must be
replaced or, if possible, repaired. The tenants have been told it is
"unsafe" and not to use it.
8. Masonry fence at front yard is to be removed.
9. Missing handrail at exterior main entrance. ✓
10. Cracked and broken lintels over windows must be replaced.
2.
Cecelia Magyar
128 Marlborough Rd.
Salem, MA 01970
May 3, 1993
Re: 128 Marlborough Rd.
11. The front porch ceiling leaks and is a hazard, this must be repaired
at once.
12. Roof leaks around skylight at rear porch.
13. Leak in small bedroom, left hand corner, must be fixed.
14. There is a hole in the plaster of the closet in the small bedroom,
must be fixed.
15. All windows in the basement leak, and must be repaired.
16. The drain for the washing machine must be connected to the sewer
line.
17. Supports for electrical service at exterior of building must be
installed at the electrical pipe.
18. Electrical box must b e removed from exterior window at front of
house.
19. The electrical work in the basement was never completed.
20. The carpet in the basement must be removed to relieve the musty odor.
You are hereby requested to contact this office within seven (7) days of
receipt of this notice to inform us of your course of action.
I thank you in advance for your attention in this matter.
Sincerely,
Leo E. Tremblay
Inspector of Buil ngs
LET:bms
cc: Councillor O'Leary
Ann & Dave Desfosses
Certified Mail #P 009 226 293
/128mrlb/