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65 MASON STREET - BUILDING INSPECTION 4,;✓ 55•MASON_STREET r F �sl 03071 ANNETTE GONTHIER KIELY COUNSELOR AT LAW ANNETTE GONTHIER KIELY&ASSOCIATES, P.C. (978)741-4500 314 ESSEX STREET FAX:(978)741-9958 SALEM,MA 01970 EMAIL:agonthierkiely@agklaw.com MORMON MAHONEY LLP COUNSELLORS AT LAW 250 SUMMER STREET BOSTON,MASSACHUSETTS 02210-1181 MASSACHUSETTS NEW HAMPSHIRE 617-439-7500 BOSTON MANCHESTER Fax RIVER NEW JERSEY Ralph C.Sullivan SPRINGFIELD PatSIPPa Direct Dial:617-439-7557 WORCESTER Direct Fax: 617-342-4930 CONNECTICUT NEW YORK rsulliva@monisonmaboney.com HARTFORD NEW Yom ENGLAND RHODE ISLAND LONDON PROVIDENCE January 31, 2011 Thomas St. Pierre Building/Commissioner/Director of Inspectional Services Nalem Building Department 120 Washington St. Suite#4 Salem, MA 01970 Re: Irfane Morava, et al. Vs. W.H.I.C.H. Properties, L.L.C. Our File No: 10042591 Dear Mr. St. Pierre: y Please treat this letter as a request for public-'infoimation under the Massachusetts Freedom of Information Act. I am hereby requesting all information and documents which you have which in any way relates to the building located at 65 Mason Street in Salem. This includes the card which previously documented the property as well as applications for building permits. Additionally, request is made for the updated computer print out which reflects the status of the premises from a building permit and enforcement standpoint. It is specifically requested that your office provide a copy of any building permits which were issued by your office in connection with any renovations or changes to the property when 65 Mason Street was converted to a six unit structure. This was evidently done sometime in the 1990's. It would be greatly appreciated if you would provide me with the requested records at your earliest convenience together with your bill for photocopying. Thank you for your attention to this matter. Very truly yours, Ralph C.Sullivan RCS/dra . r DATE OF PERMIT PERMIT NO. OWNER 1126-0094 LOCATION 1-23-62 18 Harry W. Kenney I^65 Mason Street J DWELLING I MATERIAL DIMENSIONSI NO.OF STORIES NO.OF FAMILIES WARD BUILDER - COST XX I 6 $3, 500. OTHER SLOGS. MATERIAL DIMENSIONS I NO.OF STORIES BUILDER POCKET FOLDER Robert Kenney I PLAN I NO.SH EETS install two new bath rooms on 1st floor, also 2 new bath rooms on 2nd floor Df four family dwelling. 4/30/85 #274 EOwner Leonard Costa ) Renovate fire damgege (6) families BOARD OF APPEAL: 8/27/86 - Withdrew with prejudice petition for administrative ruling. ( fir a.,C Ll 9/3/86 CERTIFICATE OF OCCUPANCY 11 274 1/26/00 #957-00 STRIP & REROOF. est. 4300.00 fee 40.00 - T ?..S r-(Z•� , DATE OF PERMIT PERMIT NO. OWNER 1126-0094 m LOCATION 1-23-62 8 Harry W. Kenney 65 Mason Street DWELLING XX I MATERIAL I OIMENSIONS I NO.OF STORIES NO.OF FAMILIES I WARD BUILDER - COST 4 6 $3, 500. OTHER BLDGS. I MATERIAL DIMENSIONS I NO.OF STORIES BUILDER I POCKET Robert Kenney PLAN Install two new bath rooms on 1st floor, also 2 new bath rooms on 2nd of four family d#delling. 4/30/85 #274 ?Owner Leonard Costa ) Renovate fire damgage (6) families BOARD OF APPEAL: 8/27/86 - Withdrew with prejudice petition for administrativ ruling. � A Q,cG ��L7 KZc7 9/3/86 CERTIFICATE OF OCCUPANCY # 274 J� 1/26/00 #957-00 STRIP & REROOF. est. 4300.00 fee 40.00 - T..L.S. .�.i� APPLICATION FOR APPLICATION NO. (COURT USE ONLY) PAGE Trial Court of Massachusetts CRIMINAL COMPLAINT / of-_Z District Court Department I,the undersigned complainant, request that a criminal complaint issue against the accused charging the offense(s)listed below. It the accused HAS NOT BEEN ARRESTED and the charges involve: Sole y; D!Srim_r%;" r; ONLY MISDEMEANOR(S),I request a hearing ❑ WITHOUT NOTICE because of an imminent threat of Salem. PISA024701 ❑ BODILY INJURY ❑ COMMISSION OF A CRIME ❑ FLIGHT,K WITH NOTICE to accused. ❑ONE OR MORE FELONIES, I request a hearing ❑ WITHOUT NOTICE ❑ WITH NOTICE to accused. ARREST STATUS OF ACCUSED ❑WARRANT is requested because prosecutor represents that accused may not appear unless arrested. ❑ HAS ❑ HAS NOT been arrested NAME(FIRST MI LAST)AND ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER PCF NO. MARITAL STATUS �-7 DRIVERS LICENSE NO. STATE f 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) INFORMATIONCASE COMPLAINANT NAME(FIRST MI LAST) _ COMPLAINANT TYPE PD 4 t -4 El POLICE El CITIZEN � OTHER ADDRESS1 - PLACE OF OFFENSE INCIDENT REPORT NO. OBTN CITATION NO(S). OFFENSE CODE DESCRIPTION OFFENSE DATE / r 1 a'J '" 4� ,_.,e 4'1,,..,% ,<�c F- ,, ,i-__ t . �.3�y''1 !-.:i``✓ ,�a _J �-'. j.. ,Cd'J-?�?';/rT7 VARIABLES(e.g.victim name,controlled substance,type and value of property.other variable information;see Complaint Language Manual) OFFENSE CODE DESCRIPTION OFFENSE DATE Z VARIABLES OFFENSE CODE DESCRIPTION OFFENSE DATE 3 VARIABLES -�-1 1 REMARKS COMPLAINANTS SIGNAT(1RE DATE FILED X I �, / COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION DA I-�OF HEARING TIME OF HEARING COURT USE ONLY WILL BE HELD AT THE ABOVE COURT ADDRESS ON } ^\) .- .•1 ! f AT J f. iro It DCCR-2(011/04) COMPLAINANT'S COPY APPLICATION FOR APPLICATION NO. (COURT USE ONLY) PAGE Trial Court of Massachusetts CRIMINAL COMPLAINT / of / District Court Department I,the undersigned complainant, request that a criminal complaint issue against the accused charging the offense(s)listed below. It the accused HAS NOT BEEN ARRESTED and the charges involve: S'Dtem-; vllatftt'. Ourz G'4 H`i''33t;i:9 £:T Sirce l ONLY MISDEMEANOR(S),I request a hearing ❑ WITHOUT NOTICE because of an imminent threat of MA.0 370 ❑ BODILY INJURY ❑ COMMISSION OF A CRIME ❑ FLIGHT�T WITH NOTICE to accused. ❑ONE OR MORE FELONIES,I request a hearing ❑ WITHOUT NOTICE ❑ WITH NOTICE to accused. ARREST STATUS OF ACCUSED ❑WARRANT is requested because prosecutor represents that accused may not appear unless arrested. p HAS Mt HAS NOT been arrested •• • -• Boom NAME(FIRST-MI LAST)AND ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER e PCF NO. MARITAL STATUS gip] c� DRIVERS LICENSE NO. STATE r GENDER HEIGHT WEIGHT EYES rEMPLOY2EFt1SCH RACE COMPLEXION SCARS/MARKS/TATTOOS BIRTH STATE OR COUNTRY DAY PHONE OOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) INFORMATIONCASE COMPLAINANT NAME(FIRST MI LAST) COMPLAINANT TYPE PD ' 7-1 ':,�{i `..� ✓,d �,'> -ro- ,�s El POLICE El CITIZEN OTHER ADDRESS f PLACE OF OFFENSE ..I' LF— 4 „Ir INCIDENT REPORT NO. OBTN { F= {✓t �{,j ilL / )i �) ",� I-D CITATION NO(S). OFFENSE CODE DESCRIPTION OFFENSE DATE f/:s"_ :,:i.r I;s�✓�; ': ^• !.N{/rl:� :7 J t VARIABLES(e.g. victim name,controlled substance,type and value o/prope rty.oche variable information;see Complaint Language Manual) OFFENSE CODE DESCRIPTION OFFENSE DATE 2 VARIABLES -7 OFFENSE CODE DESCRIPTION OFFENSE DATE 3 VARIABLES REMARKS COMPLAINANT'S (GN_ATWAE _'r•.-; DATE F/IILED, t X bT'1 flip-y J�. t 1 COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION l D�FE"bF HEARING TIME&HEARING ' WILL BE HELD AT THE ABOVE COURT ADDRESS ON J f. AT ,"- 14 51.) COURT USE ONLY DCCR-2(08/04) COMPLAINANTS COPY APPLICATION FOR APPLICATION NO. (COURT USE ONLY) PAGE Trial Court of Massachusetts CRIMINAL COMPLAINT If of I District Court Department I,the undersigned complainant, request that a criminal complaint issue against the accused charging the offense(s) listed below. If the accused HAS NOT BEEN ARRESTED and the charges involve: Saalem C i-siricf'0-us3 ' ;El ONLY MISDEMEANOR(S),I request a hearing 1-1 WITHOUT NOTICE because of an imminent threat of ❑ BODILY INJURY ❑ COMMISSION OF A CRIME ❑ FLIGHT.K WITH NOTICE to accused. ❑ONE OR MORE FELONIES,I request a hearing ❑ WITHOUT NOTICE ❑ WITH NOTICE to accused. ARREST STATUS OF ACCUSED ❑WARRANT is requested because prosecutor represents that accused may not appear unless arrested. ❑ HAS IR HAS NOT been arrested NAME(FIRST MI LAST)AND ADDRESS ) BIRTH DATE SOCIAL SECURITY NUMBER PCF NO. MARITAL STATUS (,_, '� r .-, .(- _+'� "` •`y DRIVERS LICENSE NO. STATE i 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) '-7 CASE •• ATION COMPLAINANT NAME(FIRST MI LAST) COMPLAINANTTYPE PD �r' j/" ^p "�+1%,^•�"� ❑ POLICE ❑ CITIZEN .LTJ OTHER ADDRESS PLACE OF OFFENSE mfr INCIDENT REPORT NO. OBTN CITATION NO(S). OFFENSE CODE DESCRIPTION OFFENSE DATE f r'-�' �) ... d•. _,r� ,'_bit ( /���� �.:�!���. C.,?�✓t`.-��',t,/.._.-' VARIABLES(e.g.victim name,controlled substance,type and value of property other variable information;see Complaint Language Manual) OFFENSE CODE DESCRIPTION OFFENSE DATE 2 VARIABLES r OFFENSE CODE DESCRIPTION _., OFFENSE DATE, 3 _ w VARIABLES ;�•*F � } REMARKS CCOMPL�IRI`ANT SIGNATURE DATE /FILED COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION l E OF HEARING TIME OF..HEARINC.I COUNT USE ONLY 31 WILL BE HELD AT THE ABOVE COURT ADDRESS ON J AT !� F OCCR-2(08/04) COMPLAINANT'S COPY ' g01VI yr� OLTitru of Jhlem, gassar4usrtts �nhlit �xu ext e�tttx#men# William H. Munroe One Salem Green 745-0213 April 11 , 1986 Ankeles, Harmon.And Bonfanti 27 Lowell Street Peabody, MA 01960 Attention Mr. Bonfanti RE: 65 Mason Street, Salem, MA Dear Mr. Bonfanti, This office has conducted a follow up on the above property. Messrs Michael O'Brien (City Solicitor) , William H. Munroe, (Building Inspector and Zoning Officer ) and myself in conference with the following results. It is the opinion of this office that the building permit now in place (issued April 30, 1985) shall so remain. The physical evidence of old vintage plumbing fixtures on the third (3) floor and affidavit in hand, we feel are ' adquate to support our discussion. If we may be of any further help to you on this subject feel free to contract us. Respect-fruiC�� Edg r J Asst Bupector EJP/jdg c.c. file Ctu of a Public Propertg �ep�rtineut '�•n..._._�AV�`Y 1�ui[cliug �epttrtnteut William H. •Munroe One Salem Green 745-0213 May 28, 1986 Ankeles, Harmon & Bonfanti Counsellors at Law 27 Lowell Street Peabody, MA 01960 RE: 65 Mason Street, Salem, MA Dear Sirs, Upon receipt of your letter of May 23, 1986 and consulting with my boss Mr. Munroe on the above referenced property the following is decided. It is the opinion of this office.,that the building permit now inplace issued April 30, 1985 should so remain_ . While there seems to be some conflicting statements made by a Mr. Raymond Trainor in his letter of May 17, 1986 we feel that the benefit of doubt is in favor of the current property owner Mr_ Leonard Costa. Should there be any further communication on this.matter feel free to contact us. Respectful , ez EdPaq[ Asst. Building Inspector EJP/jdg c.c. : file xR ,k; 50 Broad 'Street Sal em,Ma. 01970 ittTltil'8 E ..t Y3 ' February 9;-1'986 e . YRf �att"rtSQE i �3uilding Inspector XlT. . , City 'of Salem t ` Salem Ma 01970` s i 3 le ,:i P Er"i '$.std`s ve t .pax :'::' Bear Mr Munro , h I owned the 'property at. 6.5 Mason Street ySal em;N-,,a:from 1.971 _ until 1980 when I' ,transfered 'it. to PRr• .Costa;I bought it,as a 'six(6) family house while I owned it -it wasa° six(6)family' house .It consisted of 'sixW rseperate apartments, each having' a private bath and kitchen'. , If I .can answer any other questions ,concerning this property,' kindly feel free "to call : ; 'Yours,: Truly, aby erosP Flomp ; COMMONWEALTH OF MASSACHUSETTS r '�f ESSEX `ss :Y February 9`, ] 985 `r � �. ,fiiE ti._ v E • \• K:". F. a' ii. U i •: y iS_. Then personally'.appeared before me Spiros P ,Flomp, known to: : me, `:who being first duly` s,worn,,astated, that `the oregoing tatement is.' "_true.: - '+ n A William H K ' Donaldson,' Notary P.Ublic - ; My tcommissi'oh' expire's 4/17/97 1 yi Vt­ t \{ l �` AFFIDAVIT I, the undersigned Harry Kenney, on oath depose and say: That on August 23 , 1961 I purchased the multi-family house at 65 Mason Street , Salem, Massachusetts from William Manning, a Salem Realtor , by Deed recorded with Essex South District Registry of Deeds , Book 4808, Page 15 . Mr. Manning sold the house to me as a six apartment dwelling and I so operated it as landlord as long as I owned it . The building had six apartments , each with separate kitchen and bathroom. Except for vacancies from time to time , the property during my ownership was always rented to six different tenants . On August 18, 1972 I sold ' 65 Mason Street , Salem , Massachu- setts to Spiros Flomp as a six family apartment house by Deed recorded with Essex South District Registry of Deeds , Book 5896 , Page 781 . Executed under the pains and penalties of perjury this 23rd day of January , }1986 . Harry Kenney �iTN£55 Route 111 Sanford, Maine 04073 C.= ui ICE c 3 cn S T� May 17 , 1986 :1;("; 1. .'L'3 nil air 9fY :4 1'%'!r FASB. Mr. Munroe City Building Inspector City of Salem n Salem, MA 01970 ::j to n Re: Property located at 65 Mason Street Salem, MA 01970 n cn v> rn Dear Mr . Munroe, I "purchased the above referenced property from Mr . Spiros P. Flomp "on paper from the years 1977 thru 1982 . The property was never rented as a six ( 6) family house nor sold to me as a six (6) family because it did not have private baths or kitchens. The two (2 ) rooms in the attic were used . fpr storage only. I occupied the first floor front apartment and the second floor front apartment . The remaining two ( 2 ) apartments in the rear of the building were the only other apartments available for rent . If that house had any more rooms that could legally have been rented, I would have done so and collected the rents. In 1982 I won an eviction case •against one of my tenants. That same '- tenant filed an appeal case which she won. In that same year, I gave the Property back to .'Mr. Flomp since I had no further use for the property or the aggravation that came with it . Very truly yours, Raymond Trainor .11• Ferry Road Salisbury, MA 01950 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss May 17, 1986 Then personally appeared before me Robert Brown, known to me, who being first duly sworn, stated that the foregoing statement is true. (�i#v of "ittXem, `''���.rt.a�'.� �lec#ricttl �e}ittrfineli# Xv4n J&arhi Mire 3nsperinr 44 T2daULfte �$alem, A899. II197II 'drett Qlube 617 745-6300 January 21 , 1985 Fir. Spiros Stomp 50 Broad Street Salem, Massachusetts 01970 Re: "65 'Mason Street Dear Mr. Slomp: Called by City Electrician, Paul M. Tuttle to respond to a one alarm fire at approximately 9: 20 a .m. , Monday, January 21 , 1985 , upon arriving and investigating the interior of the house specifically the wiring . Wire Inspector, John J . Giardi determined that power should be disconnected and asked Massachusetts Electric to do so at that time. Wire Inspector Giardi had the power disconnected for the following reasons a . Service entrance and service equipment werersubjected to large quantities of water being sprayed on to the equipment itself. b- Burners in the basement area were partially submerged in about one foot of water. c. Branch circuit conductor on all three floors were subjected to large amounts of water being sprayed upon them and lighting fix- tures and outlets as well . Power may not be reconnected without consultation with the City Elec- trlclan or Wire Inspector. . If you have any questions regarding this mat- ter please call 745 -6300. Yours /�trul�� John "J . Giardi Wir Wire Inspector CERTIFIED MAIL P30 5857350 cc : Carl DeOrio , Deputy Chief/Fire Department William Munroe; Code Enforcement, Officer Richard T. McIntosh , Inspector of Buildings Joseph Lubas , Health Department ANKELES, HARMON Pd BONFANTI COUNSELLORS AT LAW 27 L. J Street PEABODY, MASS. 01960 HARRY ANKELES AREA CODE 517 MAR51HALL E. HARMON 531-7000 DAVID L ANKELES LEONARD A. SONFANTI PETER J.ARVANITES March 24 1986OF COUNSEL GERARD R. KINEEN PHILIP T. DURKI N. ATHAN A.VONTZALIDES City of Salem, Massachusetts Public Property Department Building Department One Salam Green = Salem, MA 01970 CD - , ATTENTION: Mr. Edgar J. Paquin C Asst. Building Inspector rn G REFERENCE: 65 Mason Street, Salem, MA Dear Mr. Paquin: As you know, I represent Mr. Leonard S. Bonfanti and Bonnie Leathers, Inc. , 57-71 Mason Street, Salam, Massachusetts. I have reviewed the Affidavits, which were contained in your letter of March 12, 1986, with my client. I have also reviewed the appropriate statute which I believe to be General Laws Chapter 40A, Section 7, and I enclose herewith a highlighted copy of the second paragraph for your review. The section seems to indicate that Affidavits attesting to the "use" of the premises as a six (6) family house are of no value unless records of the building department also show a six (6) family use. If the records of the building department included references to a four (4) family use, then they alone should be considered. The fact that a prior owner may have "illegally" used the structure for six (6) 'apartments is of no import. I would be most happy to discuss this matter with you. I would expect that you will not issue a building permit for six (6) units until we have had an opportunity to discuss the matter. It may be prudent to refer this letter to the City Solicitor. In any event, I would appreciate hearing from you shortly. Very truly yours, ANKLES, HARMON & BONFANTI By ,—) R f Enclosures and A. Bonfanti cc: Mr. Leonard S. Bonfanti I � � t y� �yrr e ,,,co%wrq,,�Jwe Til Y.L (1i�411� ,..;J.L f•UCA� .Lt � z yJ ublic VrepertllV.. Pepartinen1lt 7p ���aIMINE��t~ UII11 i1Ti� jOrpartlltent L l William H. Munroe One Salem Green 745-0213 March 12, 1986 Attorney Bonfanti 27 Lowell Street Peabody, MA 01960 Dear Sir, Inclosed you will find copies of td-o.letters- as to stature of the building at 65 Mason Street- Salem, MA. If I may be of further assistance feel free to call. Respectfull , Edg�r J. P quid Asst. Buildng Inspector EJP/jdg c:c. : file enc. 50 Broad Street Salem ,u:a. 01970 February 9, 1986 Building Inspector CITY OF S,'.ttr„E;A 5, City of Salem S alem, r:a. 01 970 Dear 2 r. unroe , I "owned the property at 65u,ason Street Salem, :.a.from 1971 until 1980 when I transfered it to Mr .Costa.I bought it as a six (6) family house .while I owned it ,it was a six�6)family house .It consisted of six�6) seperate apartments , each having a private bath and kitchen . If I can answer any other questions concerning this property; kindly feel free to call. Yours Truly, Spiros P.Flomp COMMONWEALTH OF MASSACHUSETTS ESSEX, ss February 9, 1986 Then personally appeared before me Spiros P. Flomp, known to me, who being first duly sworn, stated that the oregoing statement is true. William H.K. Donaldson, Notary Public My commission expires 4/17/92 AFFIDAVIT I , the undersigned Harry Kenney , on oath depose and say: That on August 23 , 1961 I -purchased the multi-family house at 65 Mason Street , Salem, Massachusetts from William Manning, a Salem Realtor , by Deed recorded with Essex South District Registry of Deeds , Book 4808 , Page 15 . Mr . Manning sold the house to me as a six apartment dwelling and I so operated it as landlord as long as I owned it . The building had six apartments , each with_ separate kitchen and bathroom. Except for vacancies from time to time , the property during my ownership was always rented to six different tenants .. On August 18, . 1972 I sold. 65 Mason Street , Salem , Massachu- setts to Spiros Flomp as a six family apartment house by Deed recorded with Essex -South District Registry of Deeds , Book 5896 , Page 781 . Executed under the pains and penalties of perjury this 23rd day of January , 1986 . ------------ Harry Kenney . �� Tn'E55 Route 111 Sanford, Maine 04073 E7 to L J r p _ H t � t MICHAEL E. O'BRIEN '+ `�, S LEONARD F. FEMINO CITY SOLICITOR _• "+<o �a+``Y ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET - - 93 WASHINGTON STREET and CITY OF SALEM and 187 FEDERAL STREET -MASSACHUSETTS - _ 30 MAIN STREET SALEM, MA01970 _ PEABODY, MA 01960 - 745-4311 745.4311 744.3363 - 531-1701 . Please Reply to 187 Federal Street Please Reply to 30 Main Street March 31 , 1986 William H. Munroe, .�, inspector- of Buildings City of Salem " c) _ One Salem Green Salem, Massachusetts 01970 " r Dear- Mr. Munroe : � G7 You have requested my guidance in determining what criteria should be used to determine whether or not a particular use is non-conforming. When a particular use exceeds permitted zoning limitations, you are responsible for enforcement of the ordinance unless the particular use is non-conforming. Generally speaking, the burden of proof is on the owner of the property making use of the pro- perty contrary to the ordinance to prove that it' s use is non- conforming. Whether or not a particular use-is- non-copfor-ming is a question of fact which you- must -decide. In making your de- cision, you should be guided by the best evidence available. Ob- viously, original building permits would be very credible evi= dente . However, in a community as old as the City of Salem; a great many homes were originally constructed prior to the re- quirement of such permits or changed in use after issuance of original permits. In such cases , a personal inspection of the premises by you might indicate whether or `not the use existed prior to adoption of a particular zoning ordinance. Other fac- tors you could consider might be affidavits by individuals with personal knowledge . of the facts , voting lists, telephone list- ings and any other information which might be helpful to you in your determination. Hoping the above is of help *ae ain. y en tor MEO/Jp ANKELES, HARMON i3 BONFANTI COUNSELLORS ells eNT LAW 27 "f 1 36 tHTGO PEABODY, MASS. 01960 CITY 8C` HARRY ANKELES CI I4 V Cf qft11,EA,QO'�D E� 67`T' MARSHALL E. HARMON 531-7000 DAVID L ANKELES LEONARD A. BONFANTI May 23, 1986 T. OF COUNSEL PETER T ARVA GERARD R. KINEEN PHILIP DURKIN IN ATHAN A.VONTZALIDES William H. Munroe, Building Inspector City of Salem City Hall Salem, MA 01970 RE: 65 Mason Street, Salem, MA Dear Mr. Munroe: As you know, this office represents Leonard S . Bonfanti and Bonnie Leathers, Inc. of 57-71 Mason Street, Salem, MA. You may recall that there had been correspondence between this office and yours concerning the issuance of building permits on April 30, 1985, for renovation of the premises located at 65 Mason Street, for use as a six-family dwelling. At that time, it was the position of this office and Mr. Bonfanti that since the pre-existing,non-conforming use of the premises was as a four-family dwelling, issuance of a permit and subsequent occupancy permits for six units violated zoning and the provisions of Chapter 40A. On April 11, 1986, after having reviewed statements from Spiros Flomp and from Harry Kenney, you furnished your written opinion that your examination of the premises together with the statements caused to conclude that the premises had in fact contained six dwelling units prior to the fire which damaged the building and necessitated the renovations which were recently performed. Since your determination, we have received additional information pertaining to the use of the premises during the periods from 1977 through 1982 from Mr. Raymond Trainor, who, in fact, was the owner and manager of the building during that time period. As you can see from Mr. Trainor ' s statement, the premises were not used as a six-family dwelling as stated in Mr. Flomp' s earlier statement to you, but rather, were suitable only for use as four dwelling and, in fact, were so used. Moreover, there is no evidence that we have been able to ANKELES, HARMON G BONFANTI Page 2 locate indicating that occupancy permits were ever issued for six-dwelling units in the building. Based upon the foregoing, request is made that you decline to issue occupancy permits for any greater than four- dwelling units or that you revoke any such permits, if already issued. I look forward to your reponse . Thank you for your cooperation in this matter. Very truly yours, ANKELES, HARMON & BONFANTI By Peter J rvanites PJA/mp cc: Mr. Leo S. Bonfanti 69-71 Mason Street Salem, MA 01970 May 17 , 1986 Mr . Munroe City Building Inspector City of Salem Salem, MA 01970 Re: Property located at 65 Mason Street Salem, MA 01970 Dear Mr . Munroe, I purchased the above referenced property from Mr . Spiros P. Flomp on paper from the years 1977 thru 1982 . The property was never rented as a six (6) family house nor sold to me as a six ( 6) family because it did not have private baths or kitchens . The two (2 ) rooms in the attic were used for storage only. I occupied the first floor front apartment and the second floor front ^ apartment. The remaining two ( 2 ) apartments in the rear of the building were the only other apartments available for rent . If that house had any more rooms that could legally have been rented, I would have done so and collected the rents. In 1982 I won an eviction case against one of my tenants . That same tenant filed an appeal case which she won. In that same year, I gave the property back to Mr . Flomp since I had no further use for the property or the aggravation that came with it . Very truly yours, Raymond Trainor 11 Ferry Road Salisbury, MA 01950 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss May 17 , 1986 Then personally appeared before me Robert Brown, known to me , who being first duly sworn, stated that the foregoing statement is true. DATE OF PERMIT PERMIT NO. OWNER 1126-0094 LOCATION 1-23-62 18 I Harry W. Kenney 65 Mason Street DWELLING MATERIAL DIMENSIONS NO.OF STORIES NO.OF FAMILIES WARD BUILDER COST XX 4 6 $39500. OTHER BLOCS. MATERIAL DIMENSIONS NO.OF STORIES BUILDER POCKET Robert Kenney I PLA" Install two new bath rooms on lst floor, also 2 new bath rooms on 2nd Df four family dwelling. 4/30/85 1274 tOwner Leonard Costa ) Renovate fire damgage (6) families BOARD OF APPEAL: 8/27/86 - Withdrew with prejudice petition for administrativ ruling. 9/3/86 CERTIFICATE OF OCCUPANCY 11 274 / 1/26/00 11957-00 STRIP & REROOF. est. 4300.00 fee 40.00 -4,4, , � .Q•� CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT ar�z � 120 WASHINGTON STREET, 31D FLOOR a TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER August 9, 2010 W.H.I.C.H Properties L.L.C. 7 Wayland Ave Peabody Ma. 01960 R.E: 65 Mason Street Dear Owners , Enclosed find a copy of the letter previously sent to 6 Highland Ave in Salem N.H. We have recived no response to this letter. You are directed to contact this office upon receipt of this letter to address the Building Code Violation at your property. Failure to respond will result in further enforcement actions. Thomas ere , 'r . Director of Inspectional Services/Building Commissioner (.I'I ' C)F SALEM, 1VI �SSACHUSET P ' BUILDING IDLPAICI\LI:NI* 130 WACFIIN4�I'UN STILEEI Y" Frio a TEL (978) 745-9595 FAX (978) 740-9846 KlNtn3t_1u E-_Y DRISCOLL N,LwOR THONLAS STYIERRE DIRECTOR OF PUnL..IC PROPER-fY/IIUILDING COkfM1S51()N1:R May 27,20 10 W.111C.H properties L.L.C. 6 Highland Ave, Salem N.14 03079 R.E: 65 Mason Street Dear Owners, I was called to your property last evening by the Salem Police Department due to an accident. An occupant of the building fell from the second floor after the railing gave way.This three level porch is the second egress for all six of the units in your building.The State Building code 780 C.M.R section 103 requires the owner of a building to maintain all systems regulated by the building code in a safe ,operable, and sanitary condition. Since the porch is part of the required egress , Iam declaring the porch"Dangerous and Unsafe "per section 121 of the State Code. You must begin repairs within 24 hours of receipt of this notice. You must secure the services of a qualified individual(Architect or Engineer)to identify the deficiencies and to oversee the repairs. A building permit must be obtained and an Inspection is required. I have caused the missing railing to be made safe by a local board tip company,Action Emergency services in Revere. . If you have any questions, please contact me directly. If you feel you are aggrieved by this order,your Appeal is to the Board of Buildings,Regulations and Standards in Boston Sincerely, 'Phomas St.Pierre Building Commissioner/Director of Inspectional Services cc.Jason Silva, Councilor Prevey, Fire Prevention ANNETTE GONTHIER KIELY & ASSOCIATES, P.C. COUNSELORS AT LAW 314 ESSEX STREET SALEM,MASSACHUSETTS 01970 ANNETTE GONTHIER KIELY (978)7414500 ANN SWEENY KALLOCK - FAX:(978)741-9958 CHRISTINA MONTANARI email:aek(a�aeklaw.com MAURA L.SHEERAN OF COUNSEL July 15, 2010 Thomas J. St. Pierre, Building Inspector Public Properties Department 120 Washington Street, 3`d Floor Salem MA 01970 RE: May 26,2010 Fall From Balcony at 65 Mason Street, Salem MA By Irfane Morava Dear Mr. St. Pierre: Please be advised that I represent Irfane Morava in connection with an investigation into the events leading to her fall from a balcony of an apartment located at 65 Mason Street, Salem Ma on May 26, 2010. It is my understanding that you inspected the premises after the fall. Would you kindly provide me with a complete copy of your report and any other materials generated as a result of your inspection. Please contact me with any questions. Thank you for your attention to this matter. Very truly yours, aw Annette Gonthier Kiely AGK:sml QTY OF SALEM PUBLIC PROPERTY �a DEPARTMENT KI.MIBERLEY DRISCOLL MAYOR OR 120 WASI-uNGTON STREET♦ SALEM,MnssnC ILSE'rfs 01970 TY L:978-745-9595 FAX:978-740-9846 January 6, 2011 W.H.I.C.H properties L.L.C. c/o Brett Martin& Thomas Caponigro 465 North Main Street Salem NH 03079 and Peter Castrichini 7 Raylen Ave Peabody, Ma. 01960 Dear Property Owners: As a result of a partial collapse leading to a fatal accidental fall by one of your tenants in May 2010, the porch at this address was declared unsafe and you were directed to begin repairs within 24 hours. I inspected the porch yesterday and have determined that no repairs have been made and the porch has further deteriorated and continues to be unsafe. You are in violation of the State Building Code as defined in 780 CMR Section 118 and are liable for fines up to $1,000 per day that this violation exists. I have filed Criminal Complaints on this matter in Salem District Court. If you have any questions regarding this letter,please contact the Building Inspectors Office at (978) 745-9595,extension 5644. SinWy,Thath, AIA Assistant Building Inspector/ Local Inspector cc: file IST, TY -M, MASSACHUE1 -)f SAL] Buii.DING DEII,\KINIEN V Y" Fi,00iz I'm- (978) 745-9595 UAX (97 8) 740-9846 1<1 NtliFALF'YDRISCOLL NLwOR 1*110\G�S ST.PIFRRE DIRECTOR OF PUBLIC PROPERTWBUILDING CONPO1S5IONFR May 27,20 10 W.1H.C.11 properties L.L.C. 6 Highland Ave., Salem N.H 03079 R.E: 65 Mason Street Dear Owners, I was called to your property last evening by the Salem Police Department due to an accident. An occupant of the building fell from the second floor after the railing gave way. This three level porch is the second egress for all six of the units in your building. The State Building code 780 C.MR section 103, requires the owner of a building to maintain all systems regulated by the building code in a safe ,operable, and sanitary condition. Since the porch is part of the required egress , I am declaring the porch"Darigerous and Unsafe"per section 121 of the State Code. You must begin repairs within 24 hours of receipt of this notice. You must secure the services of a qualified individual(Architect or Engineer) to identify the deficiencies and to oversee the repairs. A building permit must be obtained and an Inspection is required. I have caused the missing railing to be made safe by a local board tip company,Action Emergency services in Revere. . If you have any questions, please contact me directly. If you feet you are aggrieved by this order,your Appeal is to the Board of Buildings,Regulations and Standards in Boston Sincerely, Thomas St.Pierre Building Commissioner/Director of hispectional Services cc. Jason Silva, Councilor Prevey, Fire Prevention - - -- - - - - / V--gig, s - - -- - r All 1 1 ' I � (I I � � � l i i � i I� I i � '� � I '� i i I � � I � I i I � I ' � I i II � � I � i ! � � I i ' � I II I � � � I � � � ''� I ', � �� i i I � I I ' � I I 1 I ' � � � � � � � i I I � � i ��i � � i � � I � r � I � � � . I I 1 � � I � I I II I � I I I i � j I � i i � 1 I ! � ! I i � i � j � � � i I � i I I 'I I I � I J � ' � � I I I � i I i � � I j I i i ' ' I � i I ' I � I i I I I I i I r � � � � I � I � i � I { I � � � i � � I I I i � I I � �I III I I I _ _ _ _ _ I �, l � I i- 'i � ! I i it ; III I � �I 'i I I i i ' � I '. � I I � i � SII it � � G1 JILP NG DEL, ,T CITIES, TOWNS & DISTRICTS ; CITIES,,TOWNS.& DISTRICTS 40A § 7 that provision and thus, since hand. 39. Sand,gravel,and dirt buslaexaes. required,:, ap cable . nipgee bylaw. •as not Permitted in zoning district = To remove any stockpiled earth materials from Rhoads;v J q 979 48(ij!Fl.�Nl 3�11A Mass. Sequent zoning bylaw defendant was land, landowner,must.first obtain, permit in ac- APP- - ', enjoined frmn handc,afting or fa cordance with procedures, standards.and condi. 50. Injunctions li(:.?::Ili O :ether articles un the pnmiats. In- tions of municipality, earth removal bylaw. ,- �, nt p Bldgs.of Prov i nceunwn v Eder(1981) Board of Selectmen of Norwell v.Jarvinen(1982) InjunctioiC lJTjl6ntftng 5note�"botrt�nisrng those .1045, 11 Mass.App. 1011. 433-N.E.2d 912, 13 Mass.App.1024. portions of ground floor facilities known as the Disco Room ..the Pub,.and the Game 1 sale of merchandise on first floor of �:$ Municipality's earth removal bylaw was not so "Room for,the purposes,of selling or providing I as permissible where present use of -- entwined with.zoning bylaw that removal bylaw alcoholic beverages,. providing live. entertain- 'or that purpose commenced prior to must be regarded as waing provision'from a, at,Providing recorded music and dancing,and ! ontinued since adoption of original which preexisting uses would be exempted. Id. providing coin operated machines such as pinball aw, with result that such use was Municipalityhadpower under c. 40, §--21 to machines and billiard tables"as changes in prior 1 Protected by this section and § 5 of provide only two narrowexceptions to its prohi- nonconforming use was overly broad inasmuch r. Id. j, bition of earth removal within its residential and as when hotel became nonconforming use,drink conservation zones. Id. . in music,:and dancing wereoffered-to some ch Property _ :. .. g. g' s 43. State lands - - extent in some of areas-.covered by.injunction. 1 dy church-,hl� properties may, Contin- - Cape Resort Hotels, Inc. v..Alcoholic Licensing under rnns:ruction without encum- Building Inspector of Lancaster v. Sanderson Bd. of. Falmouth (1982) 431 N.E.2d 213, 385 local zoning bylaws until June 30 , (1(977)360 N.E.2d 1051 [main volume]372 Mass. Mass.205,appeal after remand 446 N.E.2d 1070, eetive of a town's earlier acceptance 157' - 388 Mass. 1013. -_ s chapter authorizing town to impose (} 47. Burden of proof Where there was no evidence that one defend- on sectarian educational uses or oth- i Rafferty v. Sancta Maria Hospital (1977) 367 ant ever participated in or was responsible for uses which were not intrinsically N.E.2d 856 [main volume] 5 Mass.App. 624. any violation of zoning bylaw prohibiting hand- a church. Bible Speaks v. &card of .enox (1979)3141 N.E.2d 279, h Mass. 48. Evidence crafting of leather articlesin residential zoning Where town zoning bylaw was not included in district, so much of judgment on meats as en- ] record on appeal and record therefore did not joined her from handcrafting or otherwise fabri- >bile servSce stations eating leather articles on the premises was in reflect that variance applicant's land complied ealty Corp.v. Board of Selectmen of with requirements of zoning ordinance in effect error and was therefore vacated: Inspector of (1978)371 N.E.2d 446[main volume] at time when he recorded ownership of lot in Bldgs. of Provincetown v. Eder (1981) 419 I 824. question, and such zoning bylaw was not appro- N.E.2d 1045, 11 Mass.App. 1011. priate subject of judicial notice, record before 52. Review ! home Supreme Judicial Coart was inadequate to deter- Where owner of real estate applied for vari- allenging decision of town board of - mine issue whether applicant's land was exempt ante to zoning bylaw requirement of minimum IN denying property owners' re- from minimum frontage requirement in present frontage and did not apply for building permit mconforming use of their lot aszoning bylaw. Warren v. Board of Appeals of for single family dwelling as of right, issue ! park, finding of trial court that Amherst (1981)416 N.E.2d 1382, 383 Mass. 1. whether land was exempt from minimum front- �g use did rat exist was supported In suit to eliminate.rights-of-way across lots in age requirements and thus whether landowner vhich disclosed that no plan of mo- subdivision,evidence,supported trial court's find- was entitledto building permit as of right could rk had been filed, mobile homes on ing that defendants possessed such rightsof- not be raised for first time on petition for appel- ndividual wells and septic systems way by express grant,by estoppel or by implica- late review by Supreme Judicial CourL Warren ividually taxed, and that change to tion through reference in a deed to a plan. Can- v. Board of Appeals of Amherst (1981) 416 obile homes on same lot would beton Highlands, Inc.b. Searle (1980) 398 N.E.2d N.E.2d 1382, 383 Mass. 1. of nunco fo=ong activity so great 759, 9 Mass.App. 48. - Factual and legal basis on which Co judge ren[ in kinds it-, effect on neigh- - Evidence adduced in superior court was insuf- propriety of zoning board of appeals' grant or "ache v. To.n of :lcushnet (1982) ficient to establish that pursuit of the occupation denial of variance or to review action of superior !, 14 Mass.App. 215. proposed to be instituted in barn would consti- court thereon is not the same as it would be if 'existing Pari;"' as used in zoning Lute a use clearly incidental and secondary to the original application had been for permit as of ing trailer camps and trailer parks _ use of the premises for residential purposesas right Id. a park occupying the sinne land as by that par's in year u,11:,, was § 7. Enforcement of zoning regulations; violations; penalties;:jurisdiction of superi- huspark owner was not precluded .a or court- - - 'rom using land adjoining his ori gi locating some of his mobile homes. - [See main volume for text ojfrrst paragraph] "'n v. Johnson (19811 421 N.E.2d .1 No local zoning law shall provide penalty of more than three hundred dollars per Pp' 1037., violation; provided that nothing herein shall be construed to prohibit such laws from 21 i I Y.. i 40A 7 CITIES, TOWNS & DISTRICTS CITIES, TOWNS & DISTRIC I! lirovuhng that each day-such..violation continues_shill constitute It separate.affense.. No 2.5. Standing h 4action suit or,proceeding-shall,be maintained in any court. nor any administrative or Owners of land which would be; other action taken to recover a fine or damages or to compel the removal, alteration, or lot exemption for lot sire regal trelocation of any structure or part of a structure or alteration of a structure by reason of standing to challenge zoning hyla tany violation of any'saning by-taw or ordinance except in accordance with provisions of sale of undersize lots to individua this section, section eight and section seventeen, provided, however, if real property has under.the age ht 3o and who had g F P P Y of n o for eight consecutive years been improved and used in accordance with the terms of the original building permitV, Town of Chilmark (1980) 402 N.E. issued by a person duly authorized to issue such permits, no action, criminal or civil, the Mass. 246. i. effect or purpose of which is to compel the abandonment, limitation or modification ofthe Abutters or neighboring propert use allowed by said permit or the removal, alteration or relocation of any structure not have a private'cause of actio 'erected in re]ianee upon said permit by reason of any alleged violation of the provisions ofT en£ortempnt of zoning regulations this. chapter,_gc„of-any-ordinance.qr by_-law adopted thereunder, shall be maintained? v Buildii,?k Inspector of Canton u less such action, suit or proceeding is commenced_and notice thereof recorded in the S E.2d 74,7 Mass App. 475. � xcep rights slii ifically gra jregistry of deeds for each county or district in which the_land lies a-i:hin six_years_next� S u�,ratizons and abuttkzs only have -after.Che_commencement_of_the-alleged__vi,Plation of law, Such notice shall include names upon lappro�ppA.ate municipal official ofbne ormore of the owners of record, the Warne of the person int sting the action, and erd4rame8tsdf zoning laws, and on �` adequate,identificat on of the structure and the alleged violation. deelir e=or re#ase to act,U ereby cre, 1 [.See main volume for text of third paragraph] verpy,.6etw�he officials tau citixer can5ott#tnng;atg action. lit:_ Amended by Stt9A4, c. 291. 3. ue prac�ss. 1984 Amendment. St.1984, c. 291, approved over underlying use district, that whether land CAtS, .'s.floodli( zoning bylaw wa Nov.27, 1984, in the first sentence of the second was subject to floodplain restrictions or merely ahtntf6tla1,when applied to land, paragraph substituted "three” for "one". to conditions of underlying zone was function of was not permitted to fill,on theory t de of the land and that, as to land below edin taking of land by eminent don gra l. Cross References just compensation,in light of fact th d i ifi grade specified in sectionbylaw, floodplain of yaw, ooplan Injunctions,see Mass.R.Civ.P. Rule 64, grade found that owner could not us controls would override controls of underlying das'it:is-now for access, general r Law Review Commentaries zone. S. Kemble Fischer Realty Trust v. Board other uses permitted within the Fine, Judicial review in zoning variance cases. Hon. of Appeals of Concord (1960) 402 N.E.2d 100, 9 servancy District," it was also Cour Joseph Ford (1976) 61 Mass.LQ. 24. Mass.App. 477. was not worthless and it was not Massachusetts zoning - practice under the Town's board of selectmen incorrectly inter- owner could not use the portion of amended Zoning Enabling Act. Martin R. Healy preted and applied town's zoning by-law in deter- floodplain zone for-some purpose n, (1979)CA Mass.L.Rev. 157, mining that the area leased for proposed fast- idling, such m enhancement of pm food restaurant constituted a separate lot which land outside Floodplain. S. Kemble F required parking on the lot itself for all its ty-Trust v. Board of Appeals of Cot Notes of Decisions 'patrons; the lease between restaurant and the 402 N.E.2d 100, 9 Mass.App.-477, o Standing 2.5 - owners of the shopping center in.which the res- nied 101 S.CC 566,449 U.S. 1011,66 1 i' reheating denied 101 S.Ct. 957,449 C i tauranC would be located provided restaurant t: 41:d.2d 121. With rights in the joint facilities of the_center for 2. In general parking purposes. McDonald's Corp. v. Board 5. Powers and duties of enforcem< Fourteen-day limitation on building inspector's of Selectmen of Randolph(1980)399 N.E.2d 38,9 While a local board sitting as a Ii response in this section requiring building in Mass.App. 830. thority generally has considerable d u spoctor to notify in writing a party requesting Town zoning bylaws could not be read as deny a common victualler's license, : enforcement of a zoning bylaw of any action or permitting creation of lots that were practically judge cannot substitute his or her ju refusal to act is directory and not mandatory. inaccessible. Heald v. Zoning Bd.of Appeals of the board's on a discretiormry motif Yokes v. Avery W. [,.well,Inc.(1984)468 N.E.2d teas,a board with power to grant or Greenfield (1979) 387 N.E.2d 170, 7 Mass.App. 271, 18 Mass.App. 471. permit must decide in a fair,judicial ! Thirty-foot strip of owner's land was not ex- 286' able.manner-upon the evidence as empt from floodplain controls because of zoning Under town zoning bylaw defining "lot" as keeping in mind the objects of the bylaw permitting an owner whose lot straddled continuous parcel of land meeting. but, yard, - regulation. McDonald's Corp. v. & zoning district line to extend Fess restrictive use frontage, and,access requirements, the word kdGmaxi of Randolph (1980) 399 N. for distance of 30 feet into mare restrictive dis- "lot" meant contiguous lots held in common Maea,App.;A3o.- trict, in view of indication that floodplain can- ownership rather than lot as described in deed, ,-Reapunsibility-for enforcing zoning servancy district was overlay district imposed record plan; or other source of title. Id. - 'bykws'ties with municipality and 22 .� AiF` _ e MA i __ .�T ,�d__L�if�_ c�Q,�s-cr-•---•�_`�-,`�'_I�_� _ �� -_ccs-i,� /�c.Q _-��- . �s YJ L CavJsQC ___ -y6-4 CLC 0- ,1 .�� `�<iIIHryN 00"i CITY Of SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 i.)oR'rii Sr REST HEALTH AGENT T:ebrn.ary 21 , 1985 (6171 741-1800 t1r. eonar-d-COSI$ Re: Horma_Atwood_Apt. �17 _Fo:r_r_c, ter--� 65 P.azcnySt_�" �alem, Fla 01970 Salem, Ma 01970 Dear Sir: In accordance with Chapter 111, Sections 127A and 1.2713 of the Mass. General Laws, 105CMR400.000: State Sanitary Code , Chanter 1, General. Administrative Procedures, and 105 CIM, 410.000: State Sanitary Code, Chapter 11: 1`.inimum Standards of Fitness for Human Hahitation, an inspection was made of the Atwood apartment at 65 1^anon Street on January 24, 1985 at 9:00 a.m. According to our records, this dwelling is owned by you. _t-has 11 en determined by theSalem Poard'of Icilti 'tha[this dwelling g insunfit for human habitation. In accordance withtln , deterrir3ti-on-no'tiuinan occupancy f[he dcaelling sliaPl. be allowed until such time as written permission is granted by this department. This action is taken as the result of- the above-mentioned examination of the dwelling, a report of which indicates that the condition of the structure may endanger or materially impair the health and safety or well- being of the occupants or the general public. Due to ; fire o>,; 1/23/85, the following violations are noted : 1. All essential services to the building have beer. shut off, i.e. heat, electricity and water. 1... The roof has collapsed 3. Two ceilings in the apartment have collapsed 4. Apartment Inas severe smoke and crater damage Due to these facts and pursuant to 1O5C1Il:410. S20 and consi.stant with 1.05CIvIR410.831. (D) , it has been determined that the daringe to life and health is so immediate th^t t o dol i,; per iut d in findinp tf_;tt�tlu,,.,d io�ell n,Tunit v;u-ated by Norma Atwood i.sioR'.1ri1.:17 CCIILLDT : {; uid StiCL'l._P by �o�, or uu Lndfu' ante �•ol ,avl• ar., huesL>'ens r_enCetni ug tli� maCtei', ple-ire ca]. L chi ;; !eparl man L . FLic 'I'I!P: 'ii11P.i2U 0'` 11 L:=iL'ili b:P:P1 1' Tei; I:. i'.. Il.l'idG.IliIR'1,C. 11 .(I. It;S,?P!i CI. LI'L'.it'; lical.L!. i111,ent .Iran-i.Larl:in ANKELES, HARMON & BONFANTI COUNSELLORS AT LAW -'" 8(�PLSO '�. II,,r,. - s .a���n:w`•""m"`� zig�a,�, ''gg"" 27 Lowell Street ., MAR g a'i *.I a - PEABODY, MASS. 01960 L L %/A Sc3' 'd METER 3009926 K City of Salem, Massachusetts Public Property Department CAI:, Building Department One Salem Green -a Salem MA 01970 ct CD .0 u _, ATIN: Mr. Edgar J. Paquin 3 u. ai � Go Asst. Building Inspector •• IV t f ,res: u ..r w+sac F �4 (fitli of �n er ;, our use#fs 1-05 � '1.4 Julin J(RittrDi ' '4ss mire �ne}�rrtnr 44 Tdagette fit. *Iem, Affinss. 01978 Area (Jobt 617 745-6300 January 21 , 1985 Mr. Spiros Stomp 50 Broad Street Salem, Massachusetts 01970 Re: 65 Mason Street Dear Mr. Slomp : Called by City Electrician , Paul M. Tuttle to respond to a one alarm fire at approximately 9 : 20 a .m. , Monday, January 21 , 1985 , upon arriving and investigating .the interior of the house specifically the wiring. Wire Inspector, John J . Giardi determined that power should be disconnected and asked Massachusetts Electric to do so at that time. Wire Inspector Giardi had the power disconnected for the following reasons: a . Service entrance and service equipment were', subjected to large quantities of water being sprayed on. to the equipment itself. ti., Burners in the basement area were partially submerged in about one foot of water. C . Branch circuit conductor on all three floors were subjected to large amounts of water being sprayed upon them and lighting fix- tures and outlets as well , Power -may not be reconnected without consultation with the City Elec- trtci:an or Wire Inspector. If you have any questions regarding this mat- ter Please call 745-6300. Yours truly J . Giardi �Jo h Wire Inspector CERTIFIED MAIL P30 5857350 cc : Carl DeOrio , Deputy Chief/Fire Department William Munroe ; Code Enforcement Officer Richard T. McIntosh , Inspector Df _Buildings Joseph Lubas , Health Department Richard T . McIntosh , Inspector of Buildings 1 ,t RHA TENANCY AT WILL *Num ) '/ Date: ' -ZANDLORD7"E/ rents and'the r ) (_Jame,Ad ress,.and Telephone Numb"erl TENA I hires the PREMISES at: � consisting of (Heated) IUnheaied) "�. {Circle one ata RENT of S� per, - ayable on the f0 . ,day of eacf(wL +,'� in advance, (we It,month) ,}[J� the rental period commencing or Landlord rents to Tenant the premises at the specified rent from rental period to rental period.This tenancy may be terminated 6:a written notice given by either party to the other before the first day of any rental period and shall be effective on the last day of that renr.. ueriod,or thirty days after such notice has been given, whichever is longer;provided however that to the event of any breach by Tenant of this agree I w ,ment, Landlord shell be entitled to pursue any and all rememcl provided or recognized by applicable law.This tenancy shall be under the fol• lowing terms and conditions: ; 1. CARE OF PREMISES —The Tenant shall not paint,decorate or otherwise embellish and/or change and shail'not make nor suffer any ad. Citions or alternations to be made it,or to the premises without the prior written consent of the Landlord,nor make nor suffer any strip or waste, nor suffer the heat or water to be wasted,and at termination shall deliver up the premises and all property belonging to the Landlord in good,clean and tenantable order and condition,ireasonabie wear and tear excepted.No washing machine,air-conditioning unit,space heater, clothes dryer, television or other aerials, or othei;like equipment that be installed without the prior written consent of the Langford, No waterbeds shall be permitted in the premises. - 2. MAINTENANCE For maintenance,if other than"Landlord contact 1 I y (Name) (Address) - (Telephone No.) 3. CLEANLINESS — Tenant shall maintain the premises in a clean condition and shall not sweep, throw,or dispose of nor permit to be n: swept,thrown, or disposed of, from said premises nor from any doors, windows,balconies,porches or other parts of said building,any dirt, waste, rubbish, or other substance or article into any other parts of said building or the land adjacent thereto,except in proper receptacles and except in accordance'with the rules of Landlord. 4. DISTURBANCE, ILLEGAL USE — Neither the Tenant nor his family,friends,relatives,invitees,visitors,agents or servems,shall make or suffer any unlawful, noisy or otherwise offensive use of the premises,nor commit or permit any nuisance to exist thereon,nor cause damage to rt the premises, nor create any substantial interference with the rights, comfort, safety or enjoyment of the Landlord or other occupants of the same or any other apartment,nor make any use whatsoever thereof than as and for a private residence.No articles shall be hung or shaken from the windows,doors,porches,balconies,or placed upon the exterior windowsills. 5, COMMON AREAS —No receptacles,vehicles,baby carriages or other articles or obstructions shall be placed in the halls or other common areas or passageways. x 6. HEAT AND OTHER UTILITIES — The Tenant shall pay,as they become due,all bills for electricity and other utilities,whether they are used for furnishing heat or other purposes, that are furnished to the premises and presently separately metered. The Landlord agrees that he 'nt will furnish reasonably hot and cold water and reasonable heat (except to the extent that such water and heat are furnished through utilities metered to the premises as stated above) during the regular heating season, all in accordance with applicable laws,but the failure of the Land, lord to provide any of the foregoing items to any specific degree,quantity,quality or character due to any causes beyond the reasonable control 't of the Landlord, such as accident, restriction by City,State or Federal regulations,or during necessary repairs to the apparatus shall not form V o a basis of any claim for damages against the Landlord. This section governs utility payments. Be sure to discuss with the Landlord those pay. th ments which will be required of you for this apartment. - ice - Jet: 7. KEYS AND LOCKS — Landlord shall, within a reasonable period of time following receipt of notice from Tenant of such condition,re- agrt pair or replace any defective exterior locks. Locks shall not be changed, altered, or replaced not shall new locks be added by Tenant without far written permission of Landlord. Any locks so permitted to be installed shall become the property of Landlord and shall not be removed by Tenant.Tenant shall promptly give a duplicate key to any such changed,altered,replaced or new lock to the Landlord. TL .ng api COPYRIGHT©1955;1970, 1975,1978 Age GREATER BOSTON REAL ESTATE BOARD (Revised April 1976;supersedes previous forms) ADOPTED BY THE RENTAL HOUSING ASSOCIATION OF THE GREATER BOSTON REAL ESTATE BOARD writ I (RNA FORM NO.Ji l • l , 1EHA TENANCY AT WILL PCZ (\"Date: LANDLORD £SFT�}?lo �yO [� ( (� rents and the f,/�J (Name Addressfa�n�Q Teie one_Nurr�fiiberl TENANT: <A ^/C�� t..r �_Scy/� hires the PREMISES at:�7-r d1. ' consisting of '>c ,` � X�XrI (Heatetll (Unheated) ete one) at a RENT of$ per gable on the, 2 day of each �t7, ✓//T _ in advance, ' (week, onthl jry /'•' the rental period Commenting or M Landlord rents to Tenant the premises at the specified rent-from rental period to rental period,This tenancy maybe terminated by awritten notice given by either party to the other before the first day of any rental period and shall be effective on the last day of that rental period,or SAJ,otbirty days after such notice has been given,whichever is longer;provided,however,that in the event of any breach by Tenant of this agree- ent, Landlord shall be entitled to pursue any and all remerr ills provided or recognized by applicable law.This tenancy shall be under the foi• in towing terms and conditions: 1. CARE OF PREMISES —The Tenant shall not paint,decorate or otherwise embellish and/or change and shall not make nor suffer any ad- ditions or attenuations to be made in or to the premises without the prior written consent of the Landlord, nor make nor suffer any strip or waste, nor suffer the heat or water to be wasted,and at termination shall deliver up the premises and all property-belonging to the Landlord in good,cleaa and tenantable order and condition,teasonable wear and tear excepted.No washing machine,air-conditioning unit,space heater, clothes dryer, television or other aerials, or other like equipment shall be Installed without the prior written consent of the Landlord, No - waterbeds shall be permitted in the premises. 2. MAINTENANCE —For maintenance,if other than Landlord contact L IName) (Address) _ _ (Telephone No.) 3. CLEANLINESS — Tenant shall maintain the premises in a clean condition and shall not sweep,throw,or dispose of nor permit to be swept,thrown,or disposed of,from said premises nor from any doors,windows,balconies,porches or other parts of said building,any dirt, waste, rubbish, or other substance or article into any other parts of said building or the land adjacent thereto,except in proper receptacles and except in accordance with the rules of Landlord. a. DISTURBANCE, ILLEGAL USE — Neither the Tenant nor his family,friends,relatives,invitees,visitors,agents or servants shall make or suffer any unlawful, noisy or otherwise offensive use of the premises,nor commit or permit any nuisance to exist thereon,not cause damage to the premises, nor create any substantial interference with the rights,comfort, safety or enjoyment of the Landlord or other occupants of the same or any other apartment,nor make any use whatsoever thereof than as and for a private residence. No articles shall be hung or shaken from the windows,doors,parches,balconies,or placed upon the exterior windowsills. , 5. COMMON AREAS —No receptacles,vehicles,baby carriages or other articles or obstructions shall be placed in the halls or other common areas or passageways. 6. HEAT AND OTHER UTILITIES —The Tenant shall pay,as they become due,all bins for electricity and other utilities,whether they are used for furnishing heat or other purposes,,that are furnished t4 the premises and presently separately metered. The Landlord agrees that he will furnish reasonably hot and cold water and reasonable heat Sexcept to the extent that such water and heat are furnished through utilities metered to the premises as stated above) during the regular heating season,all in accordance with applicable laws,but the failure of the Land- lord to provide any of the foregoing items to any specific degree,quantity,quality or Character due to any causes beyond the reasonable control of the Landlord, such as accident, restriction by City. State or Federal regulations,or during necessary repairs to the apparatus shall not form a basis of any claim for damages against the Landlord. This section governs utility payments. 8e sure to discuss with the Landlord those pay- ments which will be required of You for this apartment. _ 7. KEYS AND LOCKS — Landlord shall, within a reasonable period of time following receipt of notice from Tenant of such condition,re• Pair or replace any.defective exterior looks. Locks shall not be changed, altered,or replaced nor shall new locks be added by Tenant without written permission of Landlord. Any locks so permitted to be installed Shall become the property of Landlord and shall not be removed by Tenant.Tenant shall promptly give a duplicate key to any such changed,altered,replaced or new lock to the Landlord. COPYRIGHT(D 1955. 1970, 1975,1978 GREATER BOSTON REAL ESTATE BOARD (Revised April 1979;supercedes previous forms) ADOPTED BY THE RENTAL HOUSING ASSOCIATION OF THE GREATER BOSTON REAL ESTATE BOARD (RHA FORM NO.3j 7s3 RENA TENANCY AT WILL / LANDLORD ante,Address, nd Tele TENANT: rC�Sr C'.•p/. t C t f S S hires the PREMISES at: 61-4 .. 4. consisting of (Heatad (Unheated) ,�•'''� - (Circle one at a RENT of$�- , per yable on the day of each ��r ZJ�r — in advance, (week mon ) !� �( � / the rental period commencing on r` '•' ..,Tj —+► — Landlord rents to Tanant the premises at the specified rent from rental periodic rental period.This tenancy may be terminated b,,awroten notice given by either parry to the other before the first day of any rental period and shalt be effective on the last day of that rental period,or thirty days aft"such notice has been given, whichever is (anger;provided;however,that in the event of any breach by Tenant of this agree, mart, Landlord shall be entitled to pursue any and all remerrdies.provided or recognized by applicable law.This tenancy shall be un(at the fol• lowing terms and condivons: 1. CARE OF PREMISES —The Tenant shall not paint,decorate or otherwise embellish and/or change and shall not make nor suffer any ad. ditions or alternations to be made in or to the premises without the prior written consent of the Landlord, nor make nor suffer a:iy strip or waste, nor suffer the heat or water to be wasted, and at termination shall deliver up the premises and all property belonging to thr Landlord in good, clean and tenantable order and condition,reasonable wear and tear excepted.No washing machin?,air-conditioning unit,spy ce heater,' clothes dryer, television or other aerials, or other like equipment shall be installed without the prior written consent of the Landlord. No waterbeds shall be permitted in the premises. - r 2. 'MAINTENANCE -For maintenance,if other than Landlord canto .t (Name) - (Address) - (Telephone No.) 3. CLEANLINESS Tenant shall maintain the premises in a clean condition and shall not sweep,throw, or dispose of nor pe mit to be swept,thrown,or disposed of,from said premises nor from any doors, windows,balconies;porches or other pans of said buitdinl.,any dirt, waste, rubbish, or other wbstance or article into any other parts of said building or the land adjacent thereto,except in proper revel racists and except in accordance with the rules of Landlord. 4. 'DISTURBANCE, ILLEGAL USE Neither the Tenant nor his family,friends,relatives,invitees,visitors,agents or servants sh:II make or suit"any unlawful, noisy or otherwise offensive use of the premises,nor commit or permit any nuisance to exist thereon,nor cause damage to the premises, nor create any substantial interference with the rights, comfort, safety or enjoyment of the Landlord or other occup ants of the same or any other apartment,nor make any use whatsoever thereof than as and for a private residence.No articles shall be hung or sb akar from the windows,doors,porches,balconies,or placed upon the exterior windowsills. ` 5. COMMON AREAS —No receptacles,vehicles,baby carriages or other articles or obstructions shall be placed in the halls or oche common areas or passageways. b. HEAT AND OTHER UTILITIES —The Tenant shall pay,as they become due,all bills for electricity and other utilities,wheth,r they are used for furnishing heat or other purposes, that are.furnished to the premises and presently separately metered. The Landlord agrees that he will furnish reasonably hot and cold water,and reasonable heat (except to the extent that such water and heat are furnished through utilities metered to the premises as stated above) during the regular heating season,all in accordance with applicable laws,but the failure of the Land. , lord to provide any of the foregoing items to any specific degree,quantity,quality or character due to any causes beyond the reasorui'le control of the Landlord,such as accident, restriction by City, State or Federal regulations,or during necessary repairs to the apparatus shat not form a basis of any claim for damages against the Landlord. This section governs utility payments. Be sure to discuss with the Landlord those pay ments which will be required of you for this apartment. 7. KEYS AND LOCKS — Landlord shall, within a reasonable period of time following receipt of notice from Tenant of such condition,re- pair or replace any detective exterior locks. Locks shalt not be changed, altered, or replaced nor shall new locks be added by Tenant without written permission of Landlord. Any locks so permitted to be installed shall become the property of Landlord and shall not be removed by Tenant.Tenant shall promptly give a duplicate key to any such changed,altered,replaced or new lock to the Landlord. COPYRIGHT O 1955, 1970, 1975, 1978 GREATER BOSTON REAL ESTATE BOARD (Revised April 1978;supersedes previous forms) ADOPTED BY THE RENTAL HOUSING ASSOCIATION OF THE GREATER BOSTON REAL ESTATE BOARD RNA' TENANCY AT WILL ate: LANDLOR *ems and the me,Addr n at phone Number) TENANT: hires the PREMISES ar.. (Heated) (Unheated) consisting of � Q�,//�- (Cir a one) ata RENT of$�/per payable on the .,/ — day of each `���Z in adv2nce, (week,month) f! the rental period commencing on �—_--de2 61 2 Landlord rents to Tenant the premises at the specified rent from rental period to rental period.This tenancy may be terminated br•al iiten notice given by either party to the other before the first day of any rental period and shall be effective or.the last day of that rental period,or thirty days after such notice has been given, whichever is longer; provided;however,that in the event of any breach by Tenant of this agree. ment, Landlord shall be entitled to pursue any and all rememdies provided or recognized by applicable law.This tenancy shall be unier the fol. lowing terms and conditions: '( IF - 1. CARE OF PREMISES —The Tenant shall no11 t paint,decorate or otherwise embellish and/or change and shall not make nor suffer any ad. ditions or alternations to be made in or to the premises without the prior written consent of the Landlord, nor make nor suffer airy strip or waste, nor suffer theheat or water to be wasted, and at termination shall deliver up the premises and all property belonging to thr Landlord in good, clean and tenantable order and condition,reasonable wear and tear excepted.No washing machine,air-conditioning unit,sp;ce heater, clothes dryer, television or other aerials, or other like equipment stall be installed without the prior written consent of the Landlord. No waterbeds shall be permitted in the premises. ` . . 2. MAINTENANCE_For maintenance,if other than Landlord contact. (Name) (Address) (Telephone No.) 3. CLEANLINESS Tenant shall maintain the premises in a clean condition and shall not sweep,throw, or dispose of nor pe-mit to be swept, thrown, or disposed of, from said premises nor from any doors, windows,balconies,porches or other parts of said buildin.,any dirt, waste, rubbish, or other substance or article into any other parts of said building or the land adjacent thereto,except in proper recel tacles and except in accordance with the rules of Landlord. 4. DISTURBANCE, ILLEGAL USE — Neither the Tenant nor hisfamily,friends,relatives, invitees,visitors,agents or servants sh;it make or suffer any unlawful, noisy or otherwise offensive use of the premises,nor commit or permit any nuisance to exist thereon,nor cause damage to the premises, nor create any substantial interference with the rights, comfort, safety or enjoyment of the Landlord or other occup ants of the same or any other apartment,nor make any use whatsoever thereof than as and for a private residence. No articles shall b, hung or sh iken from the windows,doors,porches,balconies,or placed upon the exterior windowsills. 5. COMMON AREAS.—No receptacles,vehicles,baby carriages or other articles or obstructions shall be placed in the halls or othe common areas or passageways. 6. HEAT AND OTHER UTILITIES — The Tenant shall pay,as they become due,all bills for electricity and other utilities,wheth:r they are used for furnishing heat or other purposes, that are furnished to the premises and presently separately metered. The Landlord agrr:es that he will furnish reasonably hot and cold water and reasonable heat (except to the extent that such water and heat are furnished throu in utilities metered to the premises as stated above) during the regular heating season, all in accordance with applicable laws,but the failure of the Land- lord to provide anv of the foregoing items to any specific degree,quantity,quality or character due to any causes beyond the reasonalle control of the Landlord, such as accident, restriction by City, State or Federal regulations,or during necessary repairs to the apparatus shat not form a basis of any claim for damages against the Landlord. This section governs utility payments. Be sure to discuss with rhe Landlord those pay- ments which will be required o/you/or this apartment. 7. KEYS AND LOCKS — Landlord shall, within a reasonable period of time following receipt of notice from Tenant of such condition,re- pair or replace any defective exterior locks. Locks shall not be changed, altered, or replaced nor shall new locks be add,-d by Tenant without written permission of Landlord. Any locks so permitted to be installed shall become the property of Landlord and shall not be removed by Tenant.Tenant shall promptly give a duplicate key to any such changed,altered,replaced or new lock to the Landlord. COPYRIGHT(D 1955, 1970, 1975,1978 GREATER BOSTON REAL ESTATE BOARD (Revised April 1978;supercedes previous forms) ADOPTED BY THE RENTAL HOUSING ASSOCIATION OF THE GREATER BOSTON REAL ESTATE BOARD (RHA FOf M NO.31 I 1 RNA ' TENANCY AT WILL _ Date: LANDLORD G rents and the I ame,Address,and Telephone Number) TENANT: I- hires the PREMISES at: consistingof C (Heated) (Unheated) - 4 ((CCir le ne} at a RENT of$20— per payable on the day of each C ' in advance, (week, k1h) -the rental period commencing on Landlord rents to Tenant the premises at the specified rent from Olaf period to rental per"rod.This tenancy may be terminated by awritten notice given by either party to the other before the first day of any rental period and shall be effective on the last day of that rental per%d,or thirty days after such notice has been given, whichever is longer;provided;however;that in the event of any breach by Tenant of this agree- ment, Landlord shall be entitled to pursue any and all rememdies provided or recognized by applicable law.This tenancy shall be unser the fob lowing terms and conditions: 1, CARE OF PREMISES —The Tenant shall not paint,decorate or otherwise embellish and/or change and shall rot make nor suf!er any ad. ditions or alternations to be made in or to the premises without the prior written consent of the Landlord, nor make nor suffer a ty strip or waste, nor suffer the heat or water to be wasted, and at termination shall deliver up the premises and all property belonging to tht Landlord in good,clean and tenantable order and condition,reasonable weer and tear excepted.No washing machine,air-conditioning unit,Sp;ce heater, clothes dryer, television or other aerials, or other like equipment shall be installed without the prior written consent of the Landlord. No waterbeds shall be permitted in the promises. 2. MAINTENANCE _For maintenance,if other than Landlord cont is t (Name) tAddress} (Tcicphnne No.) 3. CLEANLINESS Tenant shall maintain the premises in a clean condition and shall not sweep, throw, or dispose of nor permit to be sriept,thrown,or disposed of,from said premises nor from any doors,windows,balconies,porches or other parts of said buiidinl.,any dirt, waste, rubbish,or other substance or article into any other pans of said building or the land adjacent thereto,except in proper repel tacles and except in accordance with the rules of landlord. ' 4. DISTURBANCE, ILLEGAL USE — Neither the Tenant not his family,friends,relatives, invitees,visitors,agents or servants sh; PMake or suite,any unlawful, noisy or otherwise offensive use of the premises,nor commit or permit any nuisance to exist thereon-nor cause damage to .the premises, nor create any substantial interference with the rights, comfort, safety or enjoyment of the Landlord or other occup ms of the same or any other apartment,nor make any use whatsoever thereof than as and for a private residence.No articles shall bu hung or shaken from the windows,doors,porches,balconies,or placed upon the exterior windowsills. 5. COMMON AREAS —No receptacles,vehicles,baby carriages or other articles or obstructions shall be placed in the halls or tithe-common areas or passageways. 6. HEAT AND OTHER UTILITIES — The Tenant shall pay,as they become due,all bilis for electricity and other atilmes,wheth s they are used for furnishing heat or other purposes, that are furnished to the premises and presently separately metered. The Landlord agr-es that he will furnish reasonably hot and cold water and reasonable heat (except to the extent that such water and heat are furnished throu n utilities metered to the premises as stated above) during the regular heating season,all in accordance with applicable laws,but the failure of the Land- lord to provide any of the foregoing items to any specific degree,quantity,quality or character due to any causes beyond the reasonal.le control of the Landlord, such as accident, restriction by City,State or Federal regulations,or during necessary repairs to the apparatus shall not form - 'a basis of any claim for damages against the Landlord. This section governs utility payments. Be sure to discuss with the Landlord those pay- ments which will be required of you for this apartment. 7. KEYS AND LOCKS — Landlord shall, within a reasonable period of time following receipt of notice from Tenant of such condition,re- pair or replace any defective exterior locks. Locks shall not be changed, altered, or replaced nor shall new locks be added by Tenant without written permission of Landlord. Any locks so permitted to be installed shall become the property of Landlord and shall not be removed by Tenant.Tenant shall promptly give a duplicate key to any such changed,altered,replaced or new lock to the Landlord. COPYRIGHT©1955, 1970,1975, 1978 GREATER BOSTON REAL ESTATE BOARD (Revised April 1978;supersedes previous forms) ADOPTED BY THE RENTAL HOUSING ASSOCIATION OF THE GREATER BOSTON REAL ESTATE BOARD (RHA FO; M NO.3; i ItHA TENANCY AT WILL / Date: _ LANDLORD s--• v ` -lam`-r — rents and the i (Name, ddress,and Telephone Number) TENANT: l� Aw T hires the PREMISES at: - (Heatfad) (Unheated) consisting of " (Cuda anal ata RENT of$ perpayable on the 1 day of each _G�'T ( � in advance, (wee ,mont the rental period commencing on Landlord rents to Tenant the premises at the specified rent from rental period to rental period,This tenancy may be terminated i!v a written notice given by either Party to the other before the first day of any rental period and shall be effective on the last day of that rental period-or thirty days after such notice has been given,whichever is longer:provided;however,that in the event of any breach by Tenant of this agree. ment. Landlord shall be entitled to pursue any and all rememdies provided or recognized by applicable law.This tenancy shall be under the fol. -; �"-- Cowing terms and conditions: [• y , 1. CARE OF PREMISES —The Tenant shall not paint,decorate or otherwise embellish endlor change and shall not make nor sutler any ad- ditions or alternations to be made in or to the premises without the prior written consent of the Landlord, nor make nor suffer any strip or waste, nor suffer the.heat or water to be wasted,and at termination shall deliver up the premises and all property belonging to the Landlord in good,clean and tenantable order and condition,ceasonabie wear and tear excepted.No washing machine,air-conditioning unit,space heater, clothes dryer, television or other aerials, or other like equipment shall be installed without the prior written consent of the Landlord. No waterbeds shall be permitted in the premises. 2. MAINTENANCE —For maintenance,if other:than Landlord contect`"t' _ i (Name) (Address) - (Telephone No.) . 3. CLEANLINESS — Tenant shall maintain the Premises in a clean condition and shall not sweep,throw,or dispose of nor permit to be swept,thrown,or disposed of, from said premises nor from any doors,windows,balconies;porches or other parts of said building,any dirt, waste, rubbish, or other substance or article into any other parts of said building or the land adjacent thereto,except in proper receptacles and except in accordance with the rules of Landlord. _ 4. DISTURBANCE, ILLEGAL USE — Neither the Tenant nor his family,friends,lrelatives,invitees,visitors,agents or servants shall make or suffer any unlawful, noisy or otherwise offensive use of the premises,nor commit or permit any nuisance to exist thereon,not cause damage to the premises, nor create any substantial interference with the rights,comfort, safety or enjoyment of the Landlord or other occupants of the same or any other apartment,nor make any use whatsoever thereof than as and for a private residence,No articles shall be hung or shaken from the windows,doors,porches,balconies,or placed upon the exterior windowsills. 5. COMMON AREAS —No receptacles,vehicles,baby carriages or other articles or obstructions shall be placed in the halls or other common areas or Passageways. 6. HEAT AND OTHER UTILITIES — The Tenant shall pay,as they become due,all bills for electricity and other utilities,whether they are used for furnishing heat or other purposes, that are furnished tythe premises and presently separately metered. The Landlord agrees that he will furnish reasonably hot and cold water and reasonable heat iexeept to the extent that such water and heat are furnished through utilities metered to the premises as stated above) during the regular heating season,all in accordance with applicable laws,but the failure of the Land. lord to provide any of the foregoing items to any specific degree,quantity,quality or character due to any causes beyond the reasonable control of the Landlord, such as accident, restriction by City, State or Federal regulations,or during necessary repairs to the apparatus shall not form a basis of any claim for damages against the landlord. This section governs utility payments. Be sure to discuss with the Landlord those pay' menu which will he required of you for this aparrment. - -110 7. KEYS AND LOCKS — Landlord shall,within a reasonable period of time following receipt of notice from Tenant of such condition,re- pair or replace any defective exterior locks. Locks shall not be changed, altered, or replaced nor shall new locks be added by Tenant without written permission of Landlord. Any locks so permitted to be installed shall become the property of Landlord and shall not be removed by Tenant,Tenant shall promptly give a duplicate key to any such changed,altered,replaced or new lock to the Landlord. COPYRIGHT©1955, 1970, 1975, 1978 GREATER BOSTON REAL ESTATE BOARD (Revised April 1976;supersedes previous forms) ADOPTED BY THE RENTAL HOUSING ASSOCIATION OF THE GREATER BOSTON REAL ESTATE BOARD (RHA FORM NO.3i t J RNA TENANCY AT WILL Date:, s"/ Z��LANDLORD ,_� /J/ �!/' ) � .� �fA' f t rents and the (N4me,Address,a,�o Telephone Number) TENANT: _ eA,_" hires the PREMISES at: / 1// c- ^"" (-`S7-7 a consisting of'. � (Heated) (Unheated) -i 'J Circle one) at a RENT of$� per payable on thrY�—'' -�F7"' ay of each A_'Z625� — i n advance, - (week/,month) the rental period commencing on , Landlord rents to Tenant the premises at the specified rent from rental period to,rental period.This tenancy may be tcrminateol a written notice given by either party to the other before the first day of any rental period ad shall be effective on the last day of that rental period,or thirty days after such notice has been given, whichever;is longer;provided;however,that in the event of any breach by Tenant of this agree- ment, Landlord shall be entitled to pursue any and alt rememdies provided or recognized by applicable law.This tenancy shall be unser the fol, lowing terms and conditions: t. CARE,OF PREMISES —The Tenant shall not paint,decorate or otherwise embellish and/or change and shall not make nor suffer any ad• ditions or alternations to be made in or to the premises without the prior written consent of the Landlord, nor make nor suffer a^.y strip or waste, nor suffer the heat or water to be wasted, and at termination shall deliver up the premises and all property belonging to the Landlord in good, clean and tenantable order and condition,.reasonable wear and tear excepted.No washing machine,air-conditioning unit,sp;ce hearer, clothe: dryer, television of other aerials, or other-like equipment stall be installed without the prior written consent of the Landlord. No waterbeds shall be permitted in the premises, r' 2. MAINTENANCE-For maintenance,if other than,Landlordc:intact ) (Name) - (Address) (Telephone No.) ' 3. CLEANLINESS Tenant shall maintain the premises in a cleancpndition and shall not sweep,throw, or dispose of nor pe-mit to be swept,thrown, or disposed of, from said premises nor from any doors, windows,balconies,porches or other parts of said buildint,any dirt. waste, rubbish,or other substance or article into any other parts of said building or the land adjacent thereto,except in proper recei aacles and except in accordance with the rules of Landlord. ' 4, DISTURBANCE, ILLEGAL USE — Neither the Tenant nor his family,friends,relatives, invitees,visitors,agents or;erv2nls sh;11 make or suffer any unlawful, noisy or otherwise offensive use of the premises,not commit or permit any nuisance to exist thereon,nor cause damage to zhe premises, nor create any substantial interference with the rights, comfort, safety or enjoyment of the Landlord or other occup:nts of the "same or any other apartment,nor make any use whatsoever thereof than as and for a private residence.No articles shall bo hung or shaken from the windows;doors,porches,balconies,or placed upon the exterior windowsills. 5. COMMON AREAS —No receptacles,vehicles,baby carriages or other articles or obstructions shall be placed in the halls or othe�common areas or passageways. 6. HEAT AND OTHER UTILITIES —The Tenant shall pay,as they become due,all bills for electricity and other util:lies,wheth.:r they are used for furnishing heat or other purposes, that are furnished to the premises and presently separately metered. The Landlord agr,•es that he will furnish reasonably hot and cold water and reasonable heat (except to the extent that such water and heat are turner ad throa,n utilities metered to the premises as stated above) during the regular heating season, all in accordance with applicable laws,but the failure of the Land. lord to provide any of the foregoing items to any specific degree,quantity,quality or character due to any causes beyond the reasonahle control of the Landlord, such as accident, restriction by City,State or Federal regulations,or during necessary repairs t4 the apparatus shah not form a basis of any claim for damages against the Landlord. This section governs utility payments. Be sure to discuss with the Landlord those Pay- ments which wilf be required of you for this apartment, { 7, KEYS AND LOCKS : Landlord shall, within a reasonable period of time following receipt of notice from Tenant of such condition,re- pair or replace any defective exterior locks, Locks shall not be changed,altered, or replaced nor shall new locks be added by Tenant without written permission of Landlord, Any locks so permitted to be installed shall become the property of Landlord and shall not be removed by Tenant.Tenant shall promptly give a duplicate key to any such changed,altered,replaced or new lock to the Landlord. COPYRIGHT O 1955, 1970, 1975, 1978 GREATER BOSTON REAL ESTATE BOARD (Revised April 1978;supersedes previous forms) ADOPTED BY THE RENTAL HOUSING ASSOCIATION OF THE 3 GREATER BOSTON REAL ESTATE BOARD (RHA FOt M NO.3; TENANCY AT WILL ' Date: ef14 d Te LANDLORD ren�yat � � � �,[� y+. �y jName,Address;and Telephone Numbers) �p \ TENANT: 5� 1 is + 4"e Aar- V-1tka— T?4'CY4Y4 ti#�s1�V.. ) G S lyse S /J �Lo D� hires the PREMISES at: —` - consisting of ,� (Heatad) (Unheated) (Circle one) at a RENT of$Ayer.I l payable an the 4-4 day`af tach .f_fRGte in advance, (week,month) "§ the rental period commencing on Landlord rents to Tenant the premises at the specified rent from rental period to rental period.This tenancy may be terminated, a written notice given by either party to the otherbeforethe first day'of any rental period and shall be effective on the last day of that rental Period,or thirty days after such notice has been given, whichever is tomer,orovided,`however,that in the event of any breach bV Tenant of this agree. intent, Landlord shall be entitled to pursue any and all rememdies provided or recognized by applicable law.This tenancy shall be unser the fol, . lowing terms and conditions: 1. CARE OF PREMISES—The Tenant shall not paint,decorate or otherwise embellish andlor change and shall not make nor super any ad• ditions or alternations to be made in or to the premises without the.prior written consent of the Landlord, nor make nor suffer a:iy strip or waste,nor suffer the heat or water to be wasted,and at termination shall deliver up the premises and all property belonging to thr Landlord in good,clean and tenantable order and condition,.reasonabie wear and tear excepted.No washing machine,air-conditioning unit,ii ce heater, t clothes dryer, television or other aerials, or other like equipment shall be installed without the prior written consent of the Landlord. No waterbeds shall be permitted in the premises. r " 2. MAINTENANCE-For maintenance,if other than Landlord contact•'} - (Name) (Address) {Telephone No.) - — 3. CLEANLINESS —"Tenant shall maintain the premises in a clean condition and shall not sweep, throw, or dispose of nor pe mit to be swept, thrown, or disposed of, from said premises not from any doors,windows,balconies, porches or other parts of said buildin any dirt, waste, rubbish,or other substance or article into any other parts of said building or the land adjacent thereto,except in proper receptacles and except in accordance with the rules of Landlord. - 4, DISTURBANCE,ILLEGAL USE —Neither the Tenant nor his family,friends,relatives,invitees,visitors,agents or servants shr II Make or suffer any unlawful, noisy or otherwise offensive use of the premises,nor commit or permit any nuisance to exist thereon,nor cause damage to the premises, nor create any substantial interference with the rights, comfort, safety or enjoyment of the Landlord or other occup tris of the same or any other apartment,nor make any use whatsoever thereof than as and for a private residence.No articles shall b,,hung or st,Ash from the windows,doors,porches,balconies,or placed upon the exterior windowsills. 5. COMMON AREAS —No receptacles,vehicles,baby carriages or other articles or obstructions shall be placed in the halls or other common areas or passageways. - S. HEAT AND OTHER UTILITIES - The Tenant shall pay,as they become due,all bills for electricity and other utilities,wheth-r they are ' used for furnishing heat or other purposes, that are furnished to the premises and presently separately metered. The Lnndlord agmes that he will furnish reasonably hot and cold water and reasonable heat (except to the extent that such water and heat are furnished throu in utilities ^h metered to the premises as statedabove) during the regular heating season, all in accordance with applicable laws,but the failure of the Land. lord to provide any of the foregoing items to any specific degree,quantity,quality or character due to any causes beyond the reasonal le control of the Landlord, such as accident, restriction by City, State or Federal regulations,or during necessary repairs to the apparatus shat not form a basis of any claim for damages against the Landlord. This section governs utility payments. Be sure to discuss with the Landlord those pay. ments.which will be required of you for this apartment.'. 7. KEYS AND LOCKS — Landlord shall,within a reasonable period of time following receipt of notice from Tenant of such condition,re- pair or replace any defective exterior locks. Locks shall not be changed,altered, or replaced nor shall new locks be added by Tenant without written permission of Landlord. Any locks so permitted to be installed shall become the property of Landlord and shad not be removed by Tenant.Tenant shall promptly give a duplicate key to any such changed,altered,replaced or new lock to the Landford. COPYRIGHT© 1955, 1970,1975,1978 GREATER BOSTON REAL ESTATE BOARD (Revised April 1976;supersedes previous forms) ADOPTED BY THE RENTAL HOUSING ASSOCIATION OF THE GREATER BOSTON REAL ESTATE BOARD (RHA FOf M NO.3; SENDER:!!COMPLETE THIS SECTION I COMPLETE THIS SCCTIONI.�I ' u'DELIVERY ■ Complete items 1,2,and 3.Also complete A. signature item 4 if Restricted Delivery is desired. X d Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. S. Recetved by(Printed Namef C.Date of Delivery ■ Attach this card to the back of the mailpiece, j or on the front if space permits. 1 i D, is delivery address different from Item 1? O Yes 1. Article Addressed to: if YES,enter delivery address below: ❑No tW� C- q*z4ks a. service Type LJ l 13 Certified Mall O Egress Mail D Registered ❑Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. f 4. Restricted Delivery?Pdfa Fee) ❑Yes i 2. Article Number [ - - (riansfer from service labeo PS Form 3811, February 2004 Domestic Return Receipt 102595o2-M-15eo s � co AAo CITY OF SALEM, MASSACHUSETTS 1296 ~91!.0E 2000 06fi2 2.001. BUILDING INSPECTOR "_- - ✓/'� 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 I W.H.I.C.H Properties L.L.C. 7 Wayland Ave y,PPOsrq Peabody Ma.' WO 'k_ N27r2E.. O'S,13e:. DEQ 1- 00' f'!$Y-- 2 RETURN TO SENDER ®® INSUFFICIENT ADDRESS 00 NINkY B(RykG 02 1R $ 0632Q UNABLE TO FORWARD 0006557030 AUG09 20`10 BC: 03970354599 *0221-01444-09--4.3 IW.- MAILED FROM ZIPCODE-01970 _ ` '{ QS.�"L-Q�S�a3.54s III IIInIIII1111Inillllull'Iulllll'n I11111I1'iI II III II IIII CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3"D FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER August 9, 2010 W.H.I.C.H Properties L.L.C. 7 Wayland Ave Peabody Ma. 01960 R.E: 65 Mason Street Dear Owners , Enclosed find a copy of the letter previously sent to 6 Highland Ave in Salem N.H. We have recived no response to this letter. You are directed to contact this office upon receipt of this letter to address the Building Code Violation at your property. Failure to respond will result in further enforcement actions. Thoma .Pierre �`- Director of Inspectional Services/Building Commissioner v C:I rY () ,-)AL EM, MASS �C:H CjSE "I"I'S •, BUILDING l)LT1R I'i CE Vim' 1 20 WASHINGTON S rm:1,'1 3"" Fl, (1R ()78) 745-9595 FAN (97 8) 740-9846 KIN113FRLEY DRISCOLL ;VL\YOR I'rtciM�s Sr.Prr:xxE ` I)iRE( RR OF PUBLIC PROPERTY/BUILDING COil,[tMTSSIONFR May 27,2010 W.1-1.1.C.H properties L.L.C. 6 Highland Ave, Salem N.H 03079 R.E: 65 Mason Street Dear Owners, I was called to your property last evening by the Salem Police Department due to an accident. An occupant of the building fell from the second floor after the railing gave way.This three level porch is the second egress for all six of the units in your building. The State Building code 780 C.M.R section 103 requires the owner of a building to maintain all systems regulated by the building code in a safe ,operable, and sanitary condition. Since the porch is part of the required egress , I am declaring the porch"Dangerous and Unsafe "per section 121 of the State Code. You must begin repairs within 24 hours of receipt of this notice. You must secure the services of a qualified individual(Architect or Engineer) to identify the deficiencies and to oversee the repairs. A building permit must be obtained and an Inspection is required. I have caused the missing railing to be made safe by a local board up company,Action Emergency services in Revere. . If you have any questions,please contact me directly. If you feel you are aggrieved by this order, your Appeal is to the Board of Buildings Regulations and Standards in Boston Sincerely, Thomas St.Pierre Building Commissioner/Director of Inspectional Services cc. Jason Silva, Councilor Prevey, Fire Prevention DNDITq CITY OF SALEM, MASSACHUSETTS 1P�''PQ ` �8UILDING INSPECTOR _ — 120 WASHINGTON STREETS 3RD FLOOR yi SALEM, MASSACHUSETTS 01970 02 1R $ 00.44° 0006557030 AUG09 2010 MAILED FROM ZIP CODE 019 70 W.H.I.C.H Properties L.L.C. 7 Wayland Ave Peabody Ma. N.sx IE. 018x, sE;..1- Oo.r 063J 2,411.0, RETURN TO SENDER VACANT UNABLE TO FORWARD SC; 01970354599 *.2621-00499-09-36 i_Y '=__E_�#A.�O[�13545 ��Innnil l�Inlnll�Innl�Iu lllnlnlll,Iil�In IIIuIn I�� i � . ' x 1 �{ \ � ill liil t iti ii; �1 ti ii y ti iitttt i;i ii t ii it SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION1 .1N DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature Item 4 if Restricted Delivery Is desired. X \ ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the Card to you. g, p Ned by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes I1 YES,enter deli a�s low: ❑ No y 0 w 3. Servioery s o � ❑Certiged s �Express M Ak ❑Registered Retu V handise ❑Insured Mail 0 C.O. . 1 14. Restricted Delivery?(Extra Fee C3 ye, um 2. Article,Nber� i III1 (f l!1 i t t 1 11 111 1 11111 1 It 1111 1 (Transfer from service Isbell ' PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1546 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box �J IT 0