141 NORTH STREET - BUILDING INSPECTION� IL41 N
Titu of #Ulcm' massac4usetts
� f�a Public Properttl Bepartment
Iluilaing Bepartment
(One 081rm arern
508-745-9595 fin. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
December 1,1997
Walter Herbert
706 Sacramento Street #129
San Francisco, California 94108
Dear Property Owner:
The following notice is in regard to your property located at:
141 Rear North Street, Salem, Mass.
It is your responsibility to have snow and ice removed from your sidewalk
within six (6) hours after the snow ceases to fall.
This is in accordance with the City of Salem Code of Ordinance, Section
26-13 and Section 26-14.
Failure to remove snow from sidewalks within prescribed time will result
in a fine being assessed for each day of violation.
Please contact this office upon receipt of this letter as to your course
of action in this matter.
Thank you in advance for your anticipated cooperation in this matter.
Leo E. embl
Director of Public Property
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CITY OF SALEM BOARD OF HEALTH
Salem, Massachusetts 01970-3928
J NE S(,2i r, MPMRS,CHO NINE NORTH STREET
tJJ HE Q AGE3� Tel:(508)747-1800
p r— w g Fax:(508)740-9705
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—� = August 11, 1997
G] G v
Walter Herbert
706 Sacramento Street#129
San Francisco, CA. 94108
Dear Mr. Herbert:
Enclosed again is copy of July 11, 1997 inspection report on the Ealy apartment at 141 R. North
Street Salem, Ma. 01970 Apartment#2.
It is our understanding that the Ealy family will be vacating shortly and the electrical service will
be terminated.
Please be advised that the Ealy apartment can not be rented until all violations corrected and a
certificate of fitness is issued by this department, and we receive copies of service invoices for
all work performed.
Kindly contact this office at your earliest convenience.
Fo the Board of Health: Reply to:
oanne Scott Virginia Moustakis
Health Agent Senior Sanitarian
cc:Tenant, Fire Prevention, Electrical Department,
Plumbing/Gas Inspector,Walter Herbert Go 141 R. North Street ,Salem
& 110 Burril Street, Swampscott, Me..
JS/sjk
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CITY OF SALEM BOARD OF HEALTH
Salem, Massachusetts 01970-3928
JOAIbE SCOMPH, ,CHO August 21, 1997 NINE NORTH STREET
Q HEAL4i+AG�I _ Tel:(508)741-1800
Walter Hbe14 w
Fax:(508)740-9705
w
256 Saomme treet#129
�n Francisco�'alifomia 94108
0
ear Mr ierb�:
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c2
In accordance with Chapter III, Sections 127A and 127B of the Massachusetts General Laws, 105 CMR 400.00;
State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code,
Chapter 11: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property
located at 141 North Street Apt.#1 occupied by David Diana conducted by Virginia Moustakis, Senior
Sanitarian on Wednesday,August 20, 1997 at 8:30 A.M..
Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's
responsibility to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning
Prevention and Control. For further information or to request an inspection, contact the Salem Health
Department at 741-1800.
You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection
report.
Failure on your part to comply within the time specified on the enclosed inspection report will result in a
complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this
Order.
Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A
request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of
this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary
evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please
also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation
reports, orders and other documentary information in the possession of this Board, and that any adverse party
has the right to be present at the hearing.
Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory
remedies available to them as outlined in the enclosed inspection report form.
Fort Board of Heatt Reply to:
J nne Scott Virginia Moustakis
Health Agent Senior Sanitarian
cc: Tenant, Electrical Department, Plumbing/Gas Inspector, Fire Prevention, Building Inspector
Councillor Sarah Hayes
Certified Mail#Z 396 782 692
JS/mfp U mle
Page 1 of
.SALEM HEALTH DEPARTMENT
9 North Street
Salem.MA 01970
State SanitaryCode Chapter ll 105,OMR 410.000
Mniimum Standards of Fitness for Human Habitation
Occupant: DAv r -VI.41ya Phone:
Address: /N/ 11611,7-74 St Apt. / Floor /
Owner. tea!. crtP�P -buq L,=
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//-/vp2H ✓Cast J; rGGGDz`rv!/1 9v/oB S,
Inspection Date: 9-ao - 0/� _ Time 81-156 9-1-n 5w i/O
Conducted By: V %"/o vS ra.kzc Accompanied By: tZ--r+.nt 0 7-
Anticipated
Anticipated Reinspection Date:
Specified Reg # Violation
Time
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One or more of the above violations may endanger or materially impair
the health, safety and well-being or the occupants(s)
// i
U
Code Enforcement Inspector
Este es un documento legal importance. Puede que afecle sus derechos.
Puede adquinruna traduccion de esta forma.
A.PPW, -,U-(14) ,
Legal Remedies for Terunts of
Residential mousing
Tie followingIs a brief summary of some of the legal remedies tenants may use in order to get housing code violations
corrected:
1. Rent Viithholdini,(Massadwsem General Laos,Chapter 239,section 8A):If Code Violations Are Not Being Corrected you
may be entitled to hold back your rent payments.You can do this without being evicted if:
A- You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger
or materially impair your health or safety and that your landlord knew about the violations before you were behind in-
yourrent-
B. You did not cause the violations and they can be repaired while you continue to live in the building.
C. You are prepared to pay any portion of the rent ii'to court if a judge order: you to pay iL (For this,it is best to put the
rent money aside in a safe place.) _
2 Repair and Deduct(Massachuseas General Laws,Chapter l 11, section 127L):The law sometimes allows you to your rent
money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which
endanger or materially impair your health,safety,.orwelkbeing,and your landlord has received written notice of the violations; ,
you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have therti-
made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent in;any
year to make the repairs.
3; Retaliatory Rent Increases or Evictions1.prohibited(Massachusetts General Laws,Chapter 186,section 18,and Chapter 239,.
section 2A):The owner may not increase your rent or evict you in retaliation for making a complaint to your local code
enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after.you.have made
the complaint,he or she-will:have to-show.a good reason for the increase or eviction which is unrelated to your complaint- You
may be able to sue the landlord for damages of he or she tries this.
4. Resit Rec eivercbin(Massachusetts General Laws,Chapter 11,section 127 C-H):The occupants and/or the Board of Health may
petition the District or Superior Court to allow rent to be paid intocourt rather than to the owner.The court may then appoint a
"receiver" who may spend as much of the rent money as is needed to correct the violation.The receiver is not subject to a
spending limitation of four months'rent
5. Breach of Warranty of Habitability:You may be entitled to sue your landlord to have all or some of your rent returned if your..
dwelling unit does not meet minimum standards of habitability.
6. Unf it and Deceptive Practices(Massachusetts General Laws,Chapter 93A): Renting an apartment with code violations is a
violation of the consumer protection act and regulations, for which you may sue an owner.
The information presented above Is only a summary of the law. Before you decide to withhold your rent or take any other
legal action,it is advisable that you consult an attorney. If you cannot afford to consult an attorney, you should contact the
nearest legal services office, which is:
Neighborhood Legal Services
37 Friend St.
Lynn, MA 01902
(617) 599-7730
SALEM yfALTH DEPARTMENT
�6 7
/f 9'.NodhStreet,
'y�fqr� Salem .MQ'"01970
Name:- 79 n 17 i a-Nn
_ Address:Name. �//
Specified Reg S Violation
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CITY OF SALEM BOARD OF HEALTH
Salem, Massachusetts 01970-3928
JOANNE SCOTT,MPH,RS,CHO August 21 1997 NINE NORTH STREET
HEALTH AGENT Tel:(508)741-1800
Walter Herbert Fax:(508)740-9705
706 Sacramento Street#129
San Francisco, California 94108
Dear Mr. Herbert:
In accordance with Chapter III, Sections 127A and 1278 of the Massachusetts General Laws, 105 CMR 400.00;
State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code,
Chapter It: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property
located at 141 North Street Apt. #1 occupied by David Diana conducted by Virginia Moustakis, Senior
Sanitarian on Wednesday,August 20, 1997 at 8:30 A.M..
Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's
responsibility to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning
Prevention and Control. For further information or to request an inspection, contact the Salem Health
Department at 741-1800.
You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection
report.
Failure on your part to comply within the time specified on the enclosed inspection report will result in a
complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this
Order.
Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A
request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of
this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary
evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please
also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation
reports, orders and other documentary information in the possession of this Board, and that any adverse party
has the right to be present at the hearing.
Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory
remedies available to them as outlined in the enclosed inspection report form.
Fort Board of Healt Reply to: -
J nne Scott Virginia Moustakis
Health Agent Senior Sanitarian /
cc: Tenant, Electrical Department, Plumbing/Gas Inspector, Fire Prevention, Building Inspector
Councillor Sarah Hayes
Certified Mail #Z 396 782 692
JS/mfp C,m 001M
Page 1 of
SALEM HEALTH DEPARTMENT
9 North Street
Salem,MA 01970
State Sanitary:Code,("er tl .105.CMR 410.000
Minimum Standarck of FRne6s'fbrHuinan Habitation
Occupant: T4-111 Dr'4Np Phone:
Address: /y/ Alal,,n/- .S'f Apt. / Floor /
Owner. lriQ X12. Pi?Tr Ad9iess: ._
7oG s'dc.eesMC 7-0, sr '*/a9 �/� /vi /uaer�r' sr-
Jh•' G!HA1"0je.J; �ut/yo� v�� 9v/aB sa/gym• 77 u v/f;
Inspection Date: 00- 0/ _ Time R• 36 A M % //U r
'W/ri 777 O/�j0'
Conducted By: y /'b US rZF'kzC Accompanied By: 1 rtn7✓ 7-
Anticipated Reinspection Date:
Spedrfied Reg# Violation
Time 410.
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One or more of the above violations may endanger or materially impair
the health• safety and well-being or the occupants(s)
Code Enforcement Inspector
Este es un documento legal imporiante. Puede que afecte sus derechos.
Puede adquirimna traduccion de esta forma.
` �7i'PF�NDIXII(14)
Legal Remedies for.Tensatts of
Residential lousing
The followingIs a brief summary of some of the legal remedies tenants may use in order to get housing code violations
corrected-
I.- Rent Wi hholding(Massachusetts General laws,Chapter 239,section 8A):If Code Violations Are Not Being Corrected you
may be entitled to hold back your rent payments.You can do this without being evicted if:
A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger
or materially impair your health or safety and that your landlord knew about the violations before you were behind in-
your rent
B. You did not cause the violations and they can be itpared while you continue to live in the building.
C. You are prepared to pay any portion of the rent into court if a judge order: you to pay it. (For this,it is best to put the,
rent money aside in a safe place.)
2. $ep it and Dedu r(Massachusetts General Laws,Chapter 111, section 127L):The law sometimes allows you to use your rent
money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which
endanger or materially impair your health,safety,.orwelt being,and your landlord has received written notice of the violations;
you may be able to use this remedy.If the owner faits to begin necessary repairs(or to enter into a written contract to have theme
made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent in;any.;
year to make the repairs.
3. RetaflatwcRrnt Increases or Evictions Prohibited(Massachusetts General Laws,Chapter 186,section 18,and Chapter 239,;
section 2A):The,owner may not increase your rent or evict you in retaliation for making a complaint to your local code
enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after.you.have made
the complaint,he or shewiB:have to.show.a good.reason for the increase or eviction which is.unrelated to your complaint.You
may be able to sue the landlord for damages of he or she tries this.
4. R utReceivership(Massachusetts General Laws,Chapter 11, section 127 C-H):The occupants and/or the Board of Health may
petition the District or Superior Corm to allow rent to be paid into.court rather than to the owner.The court may then appoint a
"receiver"who may spend as much of the rent money as is needed to correct the violation.The receiver is not subject to a
spending limitation of four months'rent
5. -}reach of Warranty of Habitability:You may be entitled to sue your landlord to have all or some of your rent returned if your.
dwelling unit does not meet minimum standards of habitability.
6. Unfair it and_Decentive Practices(Massachusetts General Laws,Chapter 93A): Renting an apartment with code violations is a
violation of the consumer protection act and regulations, for which you may sue an owner.
The information presented above is only a summary of the law. Before you decide to withhold your rent or take any other
legal action,it is advisable that you consult an attorney. If you cannot afford to consult an attorney, you should contact the
nearest legal services office, which is:
Neighborhood Legal Services
37 Friend St.
Lynn, MA 01902
(617) 599-7730
ty
' �� SALEM.H£AI TH DEPARTMENT
Date =�4 7
� 9':Lloith Street'
Salem, MQ '01970
Name:._ v%2n , n _ Z 1,9 Nn . Address:
Specified Reg N Violation
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Nuilbing Department
(One dalem (6reen
508-745-9595 $xt. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
October 21, 1993
141 North St.
Unit A-1
Salem, MA 01970
RE: 141 North St.
Dear Owner:
It has been brought to the attention of this office that a curb cut
has been requested to enable vehicular parking at the above referenced
property. It is my duty to advise you that this will not be allowed.
After researching the property and measuring the area involved I have found
there is not the required area for this use, there appears to only be a
maximum of seven and one half (7 1/2) feet. A single parking space would
require a minimum of nine (9) feet in width and a driveway requires twelve
(12) feet and in my opinion that this would constitute a driveway.
If you have any further questions regarding the requirements of the
Zoning Board of Appeal for parking areas, please do not hesitate to call.
Sincerely,
Leo E. Tremblay
Zoning Enforcement Of icer
LET:bms
cc: Councillor Hayes
\141nrth
7456596
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ROBERT M. RUMPF & ASSOCIATES RE : Bulkhead Lintels �° ROBERTM.
5�s
CONSULTING ENGINEERS @ 141-141A North Street ,�, RUMPF
101 DERBY STREET Salem, Massachusetts .0 No. 6632Q t
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SALEM. MASS.01970 �pQ�STEP 4`?W
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Mr. R . Malhotra
141 North St .
Salem, MA 01970
Dear Mr. Malhotra ,
As requested , we have inspected the work done following
our recommendation to strengthen the referenced bulkhead lin-
tels .
We found it satisfactory and structurally adequate .
Very truly yours ,
Robert-M. Rumpf
RMR :per
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417Y6LEM£ALFH.HASS.
DECISION ,ON THE PETITION OF J. B. HERBERT ASSOCIATES FOR A VARIANCE
AT REAR( 41NORTH STREET (�2)
A hearing on this petition was held on September 30, 1987 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski, and
Strout. Notice of the hearing was sent to abutters and others, and notices of the
hearing were properly published in the Salem Evening News in accordance with the
provisions of Massachusetts General Laws Chapter 40A.
The petitioner, represented by Attorney John R. Serafini Sr. , is requesting a
Variance to convert a two family dwelling into a three family dwelling at Rear
141 North Street. The property is located in an R-2 District.
-" The Variance which has been requested may be granted upon a finding of the Board
that:
a. special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other lands, buildings and structures in the same district;
b, literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner; and
c, desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
The Board of Appeal, after hearing the evidence presented at the hearing and after
viewing the plans, makes the following findings of fact:
1. The shape of the lot is unique, unlike any other in the same zoning
district.
2. The property is currently in a state of great disrepair, and the petitioner
plans a complete rehabilitation, adding greatly to the existing
neighborhood.
3. A third dwelling unit will expand the city's inadequate supply of housing
stock.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1. Special conditions exist which affect the subject property but not the
district generally;
2. Literal enforcement of the Ordinance would involve substantial hardship
to the petitioner; and
DECISION ON THE PETITION OF J. B. HERBERT ASSOCIATES FOR A VARIANCE
AT REAR 141 NORTH STREET (R-2)
page two
3. The relief requested can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district of the purpose of the ordinance.
Therefore, the Zoning Board of Appeal voted 4 - 1 (Mr. Bencal voted in opposition)
to grant the petitioner the requested Variance, subject to the following conditions:
1. Five (5) legal parking spaces be maintained on the property, as per the
plan submitted to the Board. _
2. The property be fenced with the same type of fencing utilized at the
adjoining Cogswell School property.
3. Adequate landscaping be provided, appropriate to the neighborhood,
4. All construction conform to the provisions of the Massachusetts Building
Code.
5. A building permit and a certificate of occupancy be obtained from the
Building Inspector of the City of Salem.
6. All the requirements of the Salem Fire Department relative to Fire Safety
be adhered to by the petitioner.
VARIANCE GRANTED
aures M. Fleming, Esq.
Vice-Chairman, Board of A peal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
c�' IF ANY. SH1.LL BE M14ADE PURSUANT TO SECTION 17 DF THE MASS.
APPEAL fROLS THIS DE41.1_!i. o, FILED Y;;T'=IN 20 DAYS AFTER THc
GENER4L LA'V;S. CH`:?iER B?t- A'CC SR ALL -
OF THIS DECISION IN THE OFRCE OF THE CITi CLERS,
c CFA?TER ED8. SECTIOG ll. THE 4 CR!ANCE`Of ;FET4 l`ERT!'dT
PURSA'�- TO I.tSS. GENERAL LAV+_ ,i .
?c AND No APPEAL HAS BEEiV FILED.
GRA6'EC H. EIN, SHALL NOT JA L- EFFECT UIJIL A COFI OF THE
FICA.TION Of THE CM CLERK THAT 20 DAPS HAVE EL%..ED
is
r c At:D INDEXED UtJUER THE Y.AiLE OF THE OV,'NER
OR THAT, IF SUCH A:: APPEAL HAS EE EN FILE. THAT IT HAS SEEN OIS'.:ISSrp CR DE";'•ED
RECORDED IN THE SOUTH ESSEX REGISTR GF DE.0.
OF RECORD OR IS RECORDED AND NOTED ON THE OPlttER'S CERTIFICATE BO TELE.
BOARD OF APPEAL
'CoxO u
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e4l�WMn W"� I
CITY OF SALEM HEALTH DEPARTMENT H�P, 1 !y
2 3]. PH 188
BOARD OF HEALTH R=i E',I'4f D
Salem, Massachusetts 01970 CITY OF SALE i, IaACS.
ROBERT E. BLENKHORN 9 NORTH STREET
HEALTH AGENT
(617) 741-1800
March 16, 1988
Mr. William H. Munroe
Building Inspector
One Salem. Green
Salem, MA 01970
RE: 141 - 141A North Street, Salem, MA 01970
Dear Bill,
I conducted an inspection on March 14, 1988, at 1 :00 P.M. , to verify a complaint
received of improper sanitary disposal at 141 - 141A North Street.
During my inspection I was accompanied by Mr. James Ahearn, Foreman of the construc-
tion work being conducted at said address. The following was noted:
1 . Cups filled with urine were found in several sites at 141 North Street,
second floor.
2. A bucket, plastic bags, and toilet paper allegedly used for fecal
deposits were found in an inoperable toilet room.
3. Evidence of above (2) was found stored in an outside dumpster at
141 - 141A North Street.
I refer this issue to your department for further investigation and citing.
Very truly yours,
FOR THE BOARD OF HEALTH
Anthony R. Mineo
Code Enforcement Inspector
ARM/b
cc: Mr. James Ahearn, 13 Epping Street, Hampton, NH 01342
� 7 Na Give �6,ei�
CITY OF SALEWHEALTH DEPARTMENT
BOARD OF HEALTH
Salem, Massachusetts 01970
ROBERT L BLENKHORN 9 NORTH STREET
HEALTH AGENT August 3, 1987
(617) 741-1800 ,
Rptier Malhnrrg
' 111• Nnrrh RiAoo_$O ad
Rnvarlg- MA M,Q15
Dear SSC/Deir.Radm:
In accordance with Chapter 111, Sections 127A and 1278 of the Maes. General Laws,
105 0101400.000: State Sanitary Code, Chapter 1: General Administrative rroceduree
and 105 DIR410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness
'foe Humen'iabi[et ion;.ao.lnepeetion
was mads of your property located at _
-14]-A North S PPt in Salem, Massachusetts.
The fo lloving violations of the State Sanitary Code vete noted, as checked off:
ITEM I REGUTATION YIOUTIONS
1. CMR 410600 Storage of rubbish and garbage
X— 2. CMR 410:601 Collection of garbage and rubbish
K _ - 1. CMR 410:602 Maintenance of areas from garbage 6 rubbleh (A chru D)
X 4. Reg.07 Sect. Board of Health Regulations
7.10
You are hereby Ordered to make a good-faith effort. to correct these violations within
L twenty-four (24) hours of receipt of this Notice.
410.600; Storage of Rubbish and Garbage
(A)_ Carbage or mixed garbage and rubbish shall be scored in watertight receptacles
with tight-fitting covers. Said receptacles and covers shall be of metal or ocher
durable, rodent-proof material. Rubbish shall be scored in receptacles of metal or
gtherdurable, rodent-proof material. Garbage and rubbish shall be put out for
collection no earlict clan the day of collection.
(B)` Plastic bags shall be used to store garbage or mixed rubbish and garbage only if
used as a liner to watertight receptacles with tight-fisting covers as required in 105
CMR 410.600(A) provided that the plastic bags may be put out for collection except 1n
those places where such practice is prohibited by local rule or ordinance, or excepr
in those crises where the Department of Public Health detetmineo that such practice
-
constitutes a health problem. For purposes of the preceding sentence, in making its
determination, the Department shall considers among other things, evidence of strewn
garbage, torn garbage bags, or evidence of rodents.
C) The owner of any dwelling that contains three or more dwelling units, the owner of
any rooming house, and the occupant of any ocher dwelling place shall be reapona!blc
for providing as many receptacles for the storage of garbage and rubbish as are suf-
.ficient to contain the accumulation before final collection or ultimate disposal, and
shall so locate chem to be convenient to the tenant that no objectionable odors enter
any dwelling.
(D)_ The occupants of each dwelling, dwelling unit, and rooming unit shall be respan:;ible
for the proper placement of ills garbage and rubbish In cite receptacles required 1n 105
CHI[ 410.600(C) or at the point of collection by the owner.
410.601• Collection o! Carbage and Rubbish
The owner of any dwell1ne that contains three or more dwelling unit$, the owner of any
rooming house, and the occupant of any other dwelling place shall be responsible for
the final collection or ultimate disposal or inrineratlon of garbage and rubbish by
means on:
(A) the regular municipal collection system; or -
(B) any other collection system approved by the Board of Health; or
' when othorwlse. lawful, a garbage grinder which grinds garbage into the kitchen .
sink drain finely enough to ensure its free passage, and is .otherwise
maintained so as not to esaats a safety or health hazard; or
-�� (D) when otherwise lawful, a garbage or rubbish incinerator located within the
dwelling which is pruperly installed and which is maintained so as not to
create a safety or health hazard; or
( unv other method of d{::poual which does not endanger uny person and which
nnurnvrd In wr lt:nv by Lha Board of Ilealth. (SKe 105 (7101 410.00)
-1-
-,ALIM !I A!_111 U E I'A i: t fA l r lr 2 2
i
A large amount of accumulated wood and appliance and miscellaneous debris in back
of property as result of renovation is creating a serious potential fire, safety,
and health hazard in area as well as harborage of rodents and insects. Must be
removed immediately. Also anyother materials removed on a regular basis pending
legal action by this deRartme�lt.
610.402: No Sn tenencc o Areae ret lrum Carbo•c and Rubblah
(A innd. ITS owner o any parteland, can or oche rvlae, she 11 Lu recpaus lb le
!o[ mulncalning ouch parcel o! land Sn • clean and can ismy condands And free lrum
garbage, rubbish or other refuse. The owner of such parcel of lend shall car reel :mY
condition parcel
purt
safety, andah r t pwell being of theoccur ntsofanydwellings ory of the l f4tlt- tit, th or
thegeneral public
410 602 Maintenance of Are Fre fro G rbagc and Ru bblsh_(continued)
duelling hall be responsible
for
(B) Duelling Units, Ill. i
occupant of any rubbish,
other
maintaining in a clean and sanitary condition and free of garbage, occupies
filth or causes of sickness that part of the duelling wh Sch he ext lusivslvely
or controls.
(C)' Dw¢111nRa Containing, Lee thee Three [eshell bnirtispons lb le for maintaining in
less
-
less than three uelling unite,
a clean and sanitary condition free of garbage, rubbish, ocher filth or causes of
sickness the stairs or Stairways leading to his dwelling unit and the landing adjacent
to his dwelling unit if the stairs, Stairways or lending ere not used by another
occupant. be
(D) Common Areas. In any dwelling
welli g' the ownergarbasharubb Soh eotherb filth tora causes of
in a clean and Sanitary condition
sickness that part of the welling which is used in common by the occupants and which
is not occupied or controlled by one occupant exclusively.
(1) The owner of any dwelling abutting a private passageway or right-of-way
owned or used in common with other dwellings or which the owner or
occupants under his control have the right to use or are In fact using
shall be responsible for maintaining in a clean and sanitary condition
free from garbage, rubbish, other filth or causes of sickness that part of
the passageway or right-of-way which abuts his property and which he or
the occupants under his control have the right to use, or !n fact using,
s or which he owns.
BOARD OF HEALTH REGULATION p7 SECTION 3.10
CONTAINERS OR BUNDLES OF HOUSEHOLD AND ORDINARY COMMERCIAL WASTE GARDEN M'D LAWN
WASTE These shall be placed at the outer edge of the day sidewalk appurtenant [o the
d not
premises of the owner not letceced in r than yche day oCnhe
collectionf and l shall nbenremoved
before 6:00 p.m. on the day p B
from the sidewalk on the same day as emptied. No commercial establishment shall
place or cause to be placed more than four barrels or other containers of ordinary
co®ercial wastes or any extraordinary commercial or industrial wastes or tree
waste upon any sidewalk or way for disposal.
Should yeu be aggrieved by this Order, you have a right to request a hearing before
the Board of Health. A request for a Hearing must be received in writing in the
7
office of the Board of Health within seven ( ) days of receipt of this Order, At
this Uear Sng,•you will be given an opportunity to be heard and to present awn.witness
and doceeencary evidence as to why [h Se Order should be modified or Youwhave[the right
may be represented by an Attorney. please also be in:e..med Y
to inspect and obtain coples of all relevant inspection or ses"invesclgaei on reports,
Orders, Notices or other
r[documCnhcrrl informght cc be presenn in t -it u the sl!chr inf [he Board
and that any adverse party
Failure on your part toucomplly alemwithin
Disthe
tspecified time con result in a Complaint
being sought age Inst )'
One or more of the above violations constitutes a condltiou which may endanger or
materially impair the health or safety and well-being of the occupaut(s).
FOR THE BOARD OF HEALTH
ROBERT E. BLENIMORN, C.11.0.
Health Agent
b' Certified Mail 0 p-6O7 165 147
cc: Fire Prevention, Building Inspector
�'
'�
��
�C'
` BUILDING DEPT
RECEIVED BOARD OF HEALTH
CITY OF SALEtL OSSOff Jefferson.Avenue .:
Salem;'Massachusefts 01970
WALTER F. SZCZERBINSKI R.S.
ISRAEL KAPLAN,M.D.
JOSEPH R.RICHARD - - Acting_HEALTH AGENT
(617)7459000
ROBERT BLENKHORN
M.MARCIA COUNTIE,R.N. Page 1 Of 2. Pages _
MILDRED C.MOULTON,R.N.
EFFIEMACDONALD Date March 27, 1978
Mr. John T. McGee
Juniper Road
So. Hamilton, MA 01982
Dear SirA
During an inspection of your property at 141 North Street, Salem ,
tenant(s) Tabis Apartment on March 22, 1978 ,
at 2:00 P.M. , the following violations have been'noted:
Living Room Ceiling cracked and peeling.
Windows loose; not weathertight.
Adults Bedroom Ceiling peeling and cracked, also in a bad leaking condition.
General Roof of building has numerous leaks.
Exposed wiring hanging out of electrical box.
Inadequate plumbing pipes in cellar that keep bursting.
Cellar stairs unsafe to walk on.
(Continued) n�
CNAI)�
QTV OF SALEM HEALTH DEPARTMENT
DR. ISRAEL KAPLAN PUBLIC HEALTH CENTER
OFF JEFFERSON AVENUE
PAGE 2 of 2 PAGES
SALEM. MA 019]0
To Mr. John T. McGee Date March 27, 1978
Juniper Road
So. Hamilton, MA 01982
RE: 141 North Street, Salem
Tabis Apartment
You are hereby ORDERED to make a good faith effort to correct these violations; said
correction of these violations shall be commenced immediately _,
after receipt of this letter and shall be completed no later than hours
Also notify the Health Department immediately by letter of your intentions to make these
repairs.
Under Provisions of Article 2 of the State Code, the above are considered EMERGENCY
CONDITIONS, which may endanger or materially impair the health and/or safety and well-
being of an occupant.
You are hereby advised of your right to a Hearing before the Board of Health by filing
a written petition within 7 days. Procedures for filing of said petition are enclosed.
You are also hereby advised that the conditions which exist may permit the occupants to
exercise one or more statutory remedies which can include rent withholding.
You are further advised that failure on your part to comply within the specified time
can result in a complaint in the Salem District Court.
FOR THE BOARD OF HEALTH Reply to:
WALTER F. SZCZERBINSKI,R,S.
Acting Health Agent Peter B. Grady
Sanitarian
WFS/
Certified Mail $ 447539 .
Return Receipt Requested.
Encls. 1. Procedures for filing petition
2. Three-page Inspection Report
cc: X Building Inspector, One Salem Green
X Electrical Inspector, 44 Lafayette St.
Fire Prevention,. 948 Lafayette St.
X Plumbing Inspector, One Salem Green
Attorney
Ward Councillor
Tabis (Tenant)
BUILDING G'EN'T
A I J ii APLAN PliBLIC HEALTH CENTER
REGEIUci7 BOARD OF HEALTH
Cl-TY Or SG.I 01,�1A Off Jefferson. Avenue
Salem, Massachusetts 01970
WALTER F. SZCZERBINSKI,R.S.
ISRAEL KAPLAN,M.D. -.�i.7:C�'r."'`�
JOSEPH R.RICHARD Acting.HEALTH AGENT
J. - (617)745-9000
ROBERT BLENKHORN
M.MARCIA COUNTIE,R.N. Page 1 of 2 Pages
MILDRED C.MOULTON,R.N.
EFFIE MACDONALD
Date March 27, 1978.
John T. McGee
Juniper Road
So. Hamilton, MA 01982
Dear Sir/+mX&Vi:
During an inspection of your property at 141 North Street, Salem
tenant(s) Perry Apartment on March 22, 1978
at 1:45 P.M. , the following violations have been noted:
Bathroom No electrical outlet at washbasin.
Holes in wall.
Ceiling bulging and separated from wall.
No hot and cold water handles in bathtub.
Childrens' Ceiling bulging and peeling with holes.
Bedrooms Inadequate heat supplied.
Common Area Light fixture doesn't work.
Broken door and discared stove stored on first floor.
Stairs in bad repair.
Ballasters missing on stairway.
Building not properly posted with owner's name.
Exterior Roof leaks badly; in poor repair.
Front stairs have no hand railings also in poor repair.
Cellar Inadequate electrical circuit; keeps blowing fuses.
Stairs leading to cellar in bad repair. ^�/4 /.
ule
Attic Garbage and rubbish stored in this area. (�
(Continued)
aCITY OF SALEM HEALTH DEPARTMENT
DR. ISRAEL KAPLAN PUBLIC HEALTH CENTER
OFF JEFFERSON AVENUE PAGE 2 of 2 PAGES
SALEM, MA 0197o
To John T. McGee Date March 27, 1978
Juniper Road
So. Hamilton, MA 01982
RE: 141 North Street, Salem
Perry Apartment
You are hereby ORDERED to make a good faith effort to correct these violations; said
correction of these violations shall be commenced immediately ,
after receipt of this letter and shall be completed no later than '72 hours _
Also notify the Health Department immediately by letter of your intentions to make these
repairs.
Under Provisions of Article 2 of the State Code, the above are considered EMERGENCY
CONDITIONS, which may endanger or materially impair the health and/or safety and well-
being of an occupant.
You are hereby advised of your right to a Hearing before the Board of Health by filing
a written petition within 7 days. Procedures for filing of said petition are enclosed.
You are also hereby advised that the conditions which exist may permit the occupants to
exercise one or more statutory remedies which can include rent withholding.
You are further advised that failure on your part to comply within the specified time
can result in a complaint in the Salem District Court.
FOR THE BOARD OF HEALTH Reply to:
WALTER F. SZCZERBINSKI,R.S. Peter B. Grady
Acting Health Agent Sanitarian
WFS/ 447538
Certified Mail #
Return Receipt Requested.
Encls. 1. Procedures for filing petition
2. Three-page Inspection Report
cc:X Building Inspector, One Salem Green
X Electrical Inspector, 44 Lafayette St.
Fire Prevention, %48 Lafayette St.
Plumbing Inspector, One Salem Green
Attorney
Ward Councillor
X Perry (Tenant)
TG .�. 1 kS �'! d o C s Speed Letter®From R i Lti a /)-a' T s�
S G Csw -y�Yig d l 9/7 O S cc L'- n �'l�A d / 9 7 d
n
Subject d/v, fe/ c
ILA, l r
—Non a IOFDLD
MESSAGE
� a SP � o✓l �a � _;�ll 74--Q
c,c- -*wxF-- 2 ale
c c r `
Date( '-�a - Signed
REPLY
—No a FOLD
o VIFOLD
Date Signed
WilsonJones
GRAYLINE FORM 64-902 3-PART
P963•PRINTED IN US A
SENDER—DETACH AND RETAIN YELLOW COPY. SEND WHITE AND PINK COPIES WITH CARBON INTACT.
Louis J. MUGGEo
ATTORNEY AT LAW 'i
WASHINGTON ST.
SALEM,MASSACHUSETTS 01970 JUN 1 ;12 JIM 78,9 AREA CODE 617
RECEII;Eo 1 (JL)
CITY OF SALEM,MASS.
June 11 , 1984
Mr. . Richard Macintosh,
Building Inspector
City Hall
Washington Street
Salem, MA 01970
RE: R141 North Street , 2nd Floor, Salem
Dear Mr. MacIntosh:
Please be advised that the undersigned represents Mark
and Cindy Leibowitz as owners of the above-referenced
property. My clients have received information that your
office conducted a code inspection of the second floor
premises at R141 North Street , Salem.
At your earliest convenience kindly forward a copy of
that inspection report to this office so that any violations
might be expeditiously attended to. If you have any
questions in this regard, please contact the undersigned.
tv ry trul urs ,
LOU S J. M GEO
LJM/nam
f�
of &Iem, r a5!5acljusvJJ& t N S 31 Vi '87
Fite
s Poarb of 6AYFrZd
•w:.<<e $17Y ;LULL SaLF.H.4ASS.
'"%WDECISION ON THE PETITION OF J. B. HERBERT ASSOCIATES FOR A VARIANCE
AT=REAR 141 NORTH STREET—(R-2)
A hearing on this petition was held on September 30, 1987 with the following Board
Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luzinski, and
Strout. Notice of the hearing was sent to abutters and others, and notices of the
hearing were properly published in the Salem Evening News in accordance with the
provisions of Massachusetts General Laws Chapter 40A.
The petitioner, represented by Attorney John R. Serafini Sr. , is requesting a
Variance to convert a two family dwelling into a three family dwelling at Rear
141 North Street. The property is located in an R-2 District.
The Variance which has been requested may be granted upon a finding of the Board
that:
a, special conditions and circumstances exist which especially affect the
land, building or structure involved and which are not generally affecting
other lands, buildings and structures in the same district;
b, literal enforcement of the provisions of the Zoning Ordinance would involve
substantial hardship, financial or otherwise, to the petitioner; and
c, desirable relief may be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district or the purpose of the Ordinance.
The .Board of Appeal, after hearing the evidence presented at the hearing and after
viewing the plans, makes the following findings of facts
1. The shape of the lot is unique, unlike any other in the same zoning
district.
2. The property is currently in a state of great disrepair, and the petitioner
plans a complete rehabilitation, adding greatly to the existing
neighborhood.
3. A third dwelling unit will expand the city' s inadequate supply of housing
stock.
On the basis of the above findings of fact, and on the evidence presented at the
hearing, the Board of Appeal concludes as follows:
1. Special conditions exist which affect the subject property but not the
district generally;
2. Literal enforcement of the Ordinance would involve substantial hardship
to the petitioner; and
DECISION ON THE PETITION OF J. B. HERBERT ASSOCIATES FOR A VARIANCE
AT REAR 141 NORTH STREET (R-2)
page two
3. The relief requested can be granted without substantial detriment to the
public good and without nullifying or substantially derogating from the
intent of the district of the purpose of the ordinance.
Therefore, the Zoning Board of Appeal voted 4 - 1 (Mr. Bencal voted in opposition)
to grant the petitioner the requested Variance, subject to the following conditions:
1. Five (5) legal parking spaces be maintained on the property, as per the
plan submitted to the Board.
2. The property be fenced with the same type of fencing utilized at the
adjoining Cogswell School property.
3. Adequate landscaping be provided, appropriate to the neighborhood.
4. All construction conform to the provisions of the Massachusetts Building
Code.
5. A building permit and a certificate of occupancy be obtained from the
Building Inspector of the City of Salem.
6. All the requirements of the Salem Fire Department relative to Fire Safety
be adhered to by the petitioner.
VARIANCE GRANTED
7L1�1
ames M. Fleming, Esq.
Vice-Chairman, Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
PURSU'NT T'- SEG'^!; li ^F THE MASS.
_��V..T F,!!i 20 D%`_ ^- '• ' C"TE CF FILING
APPEAL FF.0% THIS CE:IFIDii, IF A�Y. _.
GENE; t;;C Gh' �Ei B� SHA
Or This t,E:Si I`, THE
u F. OF T CIS' 0.EPK `. IA CC` ` c _ fEP'11T
•:tSS :1EYERAL LF..,S.
PURS A';'
GRANT" '.EPE,,4 Su:LL N l T;.\E EF:-CT U .IL A Lu 1 OF THE G r " H
IF THE ul-Y CLERr ih AT 2C DA S hA:'E E c' C C A _.
* H i 5EC ..S.r^. e Cr. IS r n, • _P
OR THAT. li S"CH A`. APPEAL HAS EEEr rl E. ir.A" I r,
R THA. I•. ThE S]L'TH ESSEX RENS Pi Gr IIHCc ItDETI 47E OF T`+ C' n.
OF RECORD OR IS RECCP.DED Ai;D NOTED Cir THE Gi;,.Efi S CERTIFLL SSE OF TI r
BDARD OF APPEAL
SERAFINI, -SERAFINI_AND DARLING
ATTORNEYS AT LAW
63 FEDERAL STREET
SALEM; MASSACHUSETTS01970
JOHN R.SERAFINI.SR. TELEPHONE
JOHN R. SERAFINI.OR. 744-0212
JOHN E. DARLING - 58 1-2743
AREA CODE 617
May 3, 1988
Mr. Joseph D. Carter
Carter & Towers Engineering Corp.
6 Fairview Avenue
Swampscott, MA 01907
Dear Joe:
I am writing at the request of my client, Jessica Herbert,
concerning a question that has arisen over the lot coverage and
side yard width requirements under the Salem Zoning Ordinance
for property . she owns at (1.41 Rear—r North—Street�in Salem,
Massachusetts.
The .property is .located in an R-2 zone under the Ordinance
according to the Salem Zoning Map and received a variance from
the Zoning Board of Appeal dated September 30, 1987 which allows
construction of a three unit condominium with attached decks
according to plans. submitted with the request. . It is my opinion
that by virtue of the variance the project meets the requirements
of the Ordinance concerning lot coverage and that it will meet
the requirements .of the Ordinance concerning minimum side yard
width provided, the decks are located at least 10 feet from the
side line of the Droperty.
Sincerely yours,
John R. Serafini, .Sr. /
JRSSr:mjb
CARTER & TOWERS ENGINEERING CORP. (Q
.�u , T�auzerLa�zd�
Joseph D.Carter , .
Professional Engineer 6 FAIRVIEW AVENUE
Registered Land Surveyor SWAMPSCOTT, MASS. 01907
Tel, 592-8386
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3'
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227'
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-•:. � �xisr 3 �.N•�1. 0�
I PROPOSED PLOT PLAN
Ir
OF LAND
SALEM, MASS.
Ul ; a f FOR: JESSICA HERBERT
• SCALE: 1"=20 '
DATE: 4%22/88
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