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77-79 ORCHARD STREET - BUILDING INSPECTION r. X77-79 ORCHARD STREET 5 .s Add 0 COMMERCIAL UNION INSURANCE COMPANIES 2/3/98 Building Inspectors Office 1 Salem Green Salem, MA 01970 Insured: Blair Consoli Property Address: 78 Orchard St Policy # FBSC45520 Loss of : 2-3-98 Claim # OBF-00809S Claim has been made involving loss, damage or destruction of the above- captioned property, which may either exceed $1000 or cause Massachusetts General Laws, Chapter 143, Section 6 to be applicable. If any notice under Massachusetts General laws. Chapter 139, Section 3B is appropriate, please direct it to the attention of this writer and include a reference to the above- captioned insured, location, policy number, date of loss and claim number. Title: Property Claims Adjuster. On this date, I caused copies of this notice to be sent to the persons named above at the address indicated above by first class mail. Signature: .j✓� Southern New England Property Claim Center • P.O.Box 9055 • Boston,MA 02205-9055 Telephone: (800)284-6730 Fax: (508)549-8558 • AT&T Fax(Reporting Losses):(800)804-0517 COPY FOR YOUR INFORMATION KEVIN T. DALY s .y, LEONARD F. FEMINO ASSISTANT CITY SOLICITOR '� T% —..3� aT? ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET �r'�mY'�E' 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET ONE SCHOOL STREET MICHAEL E. O'BRIEN SALEM, MA 01970 CITYBEVERLY, MA 01915 WASHINGTON ASH GTON OR STREET 745-4311 745.0500 93' INGTON 921-1990 AND -- PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01.970 745.4311 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET February 25 , 1988 u) (30 Richard A. Sypek, Esq. C/O Murray, Fitzgerald,' Sabella & Donahue cn` 1252 Elm Street Box 1189 _ West Springfield, Massachusetts 01090 Re : City of Salem v Julian Dunlop Place of Offence : -" Orchard St. , Salem Dear Mr. Sypek: Please be advised the above matter has been continued to May 25, 1988 at 11 : 30 A.M. Veryl truly yours, Michael E. O' Brien -" MEO/jp cc : Building Inspector + James A. Peterson, Esq. COPY FOR YOUR INFORMATION MURRAY, FITZGERALD, SABELLA & DONAHUE ATTORNEYS AND COUNSELLORS AT LAW 1252 ELM STREET.P.O.BOX 1189 WEST SPRINGFIELD.MASSACHUSETTS 01090-1189 TELEPHONE(413)736.1852 WILLIAM J.MURRAY NORMAN J.GUZ.JR. WILLIAM M.FITZGERALD - 'JAMES F. DONNELLY EDWARD V.SABELLA RICHARD A.SYPEK JAMES T.DONAHUE January 22, 1988- Michael 988Michael E. O 'Brien,, Esquire City Solicitor City .of Salem 81 Washington Street Salem, MA 01970 RE: City of Salem vs . Julian Dunlop Place of Offense: 77 Orchard Street Salem, Massachusetts Dear Mr. O 'Brien: I am in receipt of your letter dated January 21, 1988, regarding the above-entitled matter. Just so there is no misunderstanding, the tenants at 77 Orchard Street, Salem, Massachusetts, are not requesting that the City of Salem postpone enforcement of any zoning violations against the landlord. Rather, they are requesting that whatever measures that you insist bn prosecution against the landlord, you would at least take into consideration that the tenants intend to vacate the premises on or before May 15, 1988. Both the landlord and tenants are fully aware of the zoning violations and the landlord has taken every measure to insure that the tenants vacate the premises as soon as possible. However, the tenants intend to protect their rights and are only suggesting that it would be in the best interest of all parties to resolve this matter before February 4, 1988. . In order to . properly represent my clients from such a distant location, I would appreciate it greatly if you could forward copies of the following documents to my office in the enclosed, self-addressed envelope: 1) Copies of all complaints filed in the Salem District Court against Julian Dunlop, Trustee, Max Realty Trust; 2) Copies of City of Salem Zoning By-Laws pertaining to the alleged violations . In the future, would you kindly forward copies of all correspondence between your office, Attorney James A. Peterson, 1 and the Clerk ' s Office. Would you also kindly contact my office upon receipt of this letter to discuss the status of this file. Thank you for your cooperat ' J Ve Y d ichard A. Sy e RAS/pa cc : James A. Peterson, Esqui / 'Phomas E. Sypek ��.tmvpty i KEVIN T. DALY �� .r p ` ! (\ LEONARD F. FEMINO ASSISTANT CITY SOLICITOR �� ? ASSISTANT CITY S,j ICITOR @.fy g�T' s ) 93 WASHINGTON STREET pT93 WA HIN�(:TON S REET AND CITY OF SALEM - MASSACHUSETTS dND as= ,� ONE CHURCH STREET MICHAEL E. O'BRIEN ONE $CH.O_6L SeT-RT.4 ET gsj SALEM. MA 01970 BEVEJ2.LY,_MX'01915 745-4311 CITY SOLICITOR .0„'{ U` 745-4311 745-0500 93 WASHINGTON STREET 921-1990 AND PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01970 745-4311 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET t:^ C� January 25 , 1988 za J William H. Munroe, Building Inspector City of Salem One Salem Green Salem, Massachusetts 01970 Re: City of Salem v Julian Dunlop 77 Orchard Street, Salem Dear Bill : Enclosed please find copy of letter from Attorney Sypek regarding the above matter. Kindly furnish him with the information requested in the third paragraph of the letter. er truly,iyour ichael E. O'Brien City Solicitor MEO/jp Enclosure ,cxWu, , COPY FOR YOUR INFORMATION KEVIN T. DALY �� .$ t + LEONARD F. FEMINO ASSISTANT CITY SOLICITOR T'�Q ,S ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET 93 WASHINGTON STREET AND . CITY OF SALEM - MASSACHUSETTS AND 1 ONE CHURCH STREET ' ONE SCHOOL STREET - MICHAEL E. O'BRiEN SALEM, MA 01970 CITY SOLICITOR BEVERLY, MA 01915 745-4311 - 745-4311 745-0500 93 WASH I NGTON 'STREET 9211990 --- AND. PLEASE REPLY TO ONE CHURCH STREET ,81 WASHINGTON 'STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM. MA 01970 , 745.4311 744.3363 PLEASE REPLY TO SI WASHINGTON STREET January 21 , 1988 n Cn 70 :..� Richard A. Sypek, Esq. m z CIO Murray, Fitzgerald, Sabella & Donahue 1252 Elm Street = Box 1189 � p West Springfield, Massachusetts 01090 i -3:: Re: City of Salem V •Julian Dunlop Place of Offense : r7'7' Orchard St. , Salem Dear Mr.. Sypek: Please be advised I have discussedthe above matter with the Building Inspector. It is the position of the Building In- spector that a zoning. violation exists at the above location and he intends to pursue the matter in court. The city cannot postpone enforcement •as ,part of an agreement between the land- lord and tenants to .vacate at some time in the future. Accordingly, the city intends to prosecute it ' s complaint at a Clerk/Magistrate' s hearing at Salem District Court on Feb- ruary 25, 1988 at 10 :45 ,A.M. er truly yoo/u Michael E. O' Brien ~_ City Solcitor MEO/7p cc : Building Inspector James A. Peterson, Esq. a "REGULATIONS SECTION V ` per.m.itted Uses 1 . R-C ar.d 13-1 Districts - Residential - Conservation and. One-: amily Residential a. Detazhed single-family dewllings. b. Customary agricultural , horticultural , and u loricultural operations , provided that : (1 ) 511 the buildings combined shall nut occupy a g»eater percentage of the lot area than ^' listed in Table 1 . (2) '.To' storage of manure or odor or dust-pro- ducing substance and no building in which farm animals are kept shall be permitted within one hundred ( 100) feet of any pro- perty line. ( 3) No greenhouse heating plant shall be operated within fifty (50) feet of property line. (S ) No products shall be publicly displayed or offered for sale from the roadside . c . ?;ursery , elementary , and secondary schools , public parks and playgrounds , and public libraries . d. Churches and similar places of worship . e. Parish houses, convents and monasteries . f . Institutions of higher education . g. Public and private golf courses . h. Private gara.-es and other accessary uses ar.d buildings , provided that such uses are clearly incidental to the principal use. All the buildings on the lot shall not occupy a greater percentage of the lot area thin listed in `F .blu I . 2 . R-2 7,4_s-ricts - T-:o 'Famil� Resid! tial. a. All uses perr,.itted in FC and r,-l. Districts , except agricultural , horticultural , and flori- cultural opet-ations. b. 1'%%o-family d:cellings detached or attached. _ c. Rooming and boarding of not more than tso persons . 140 § 21F LICENSES Crass References Organizations to which this section is not applicable, see section 21E of this chap. �I ter. t - - 1 LODGMG HOUSES 22. De£tnition "Lodging house", as used in sections twenty-two to thirty-one, ' inclusive, shall mean a house where lodgings are let to four or more persons not within the second degree of kindred to the person con. ducting it, and shall include fraternity houses and dormitories of edu- cational institutions, but shall not include dormitories of charitable or philanthropic institutions or convalescent or nursing homes licensed under section seventy-one of chapter one hundred and eleven or rest homes so licensed, or group residences licensed or regulated by agen- cies of the commonwealth. ! ( {{ Amended by St.1960, c. 740; St.I965, c. 171; SLIM, c. 482. Historical Nate E St7918,c.259,1 1. St.1960, c. 140, approved Oct. 29, modi- St.1973, c. 481, approved .lune 29, "'- fied term -lodging house" to exclude 19±3,modified the definition of "Lodge;. `>• convalescent or nursing homes licensed house" by substituting "four" 1n lieu of ' under c. SIl, 9 T1, or rest homes so lt- "five" or more Dcrsons, and by addia: censed. the words "or group residences licensed p St.I565, c. M. approved Starch 13, or regulated by agencies of the common• Ii 1965, extended term "lodging house" ro wealth" at the end thereof. include fraternity houses and dormito- ries of educational institutions. { Cross References Automatically closing and locking doors in certain apartment houses, see c. 143, 3 3R. - Innholderslicenses, form o1, see section 3 of this chapter. ' Inspection of premises. see section 25 of this chapter. Reports to registrars of voters, required of innholders or keepers of lodging houses, see c. 51, 110A. Law Review Commentaries Regulation of buildings and facilities. Richard O. Huber, 6 Annual Surrey of SlassJ aw, Boston College, p. 124 (3959). Library References Inakeepers P3. C.J.S. Innkeepers § 1 et seq. r: � 418 r lig _ ( APPLICATION 12 ADULT NUMBER Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE District Court Department / ARREST -2 HEARING :�$I�MMONS ':_� WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Salem District Court I named defendant. charging said defendant with the offensels)listed below. 65 Watihington Street DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE, .MAL 010 11/9/87 1 10/30/87 TT. :;Orehard Street, Salem NAME OF COMPLAINANT 7 williH. Munroe, Inspector of Buildings NO. OFFENSE G.L. Ch. and Sec am 11 ADDRESS AND ZIP CODE OF COMPLAINANT $t i CM 780 City flail - log Code SOC.119.0 93 Washiggton St. Salem, MA 01970 Operating M.G.L. 2. a Lodging Hoose 149x82 NAME,ADDRESS AND ZIP CODE OF DEFENDANT Mr. Julian Dunlop Violation City of Salem Srietlon V 14 Ash Street Suite 900 s. Zinnia Ordinance 2•c• I Cambridge, HA 82111 a. COURT USE A hearing upon this complaint application DATE OF HEARING TIME OF HEARING COURT USE ONLY will be held at the above court address on 1 ' AT s �-ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OF PROPERTY TYPE OF CONTROLLED NO,I Owner of property, Goods stolen.wnat Over or under SUBSTANCE OR WEAPON person assaulted.etc. destroyed,etc. $100. Marijuana.gun.eta. 2 9 4 OTHER REMARKS: Despite motiee defendant has allowed violations to continue SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — COmDlete data below if known. JATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'SNAME i �V a 0 O ED 2 z Z 5 a. 2 O DC-CR-2(5186) 0 I\ BUILDINU PERMIT J�/ JOB WEATHER GCARD TDATE /✓U 7 I, 19 P6 PERMIT NO. / 2cl APPLICANT_ •J 1�'L!✓�N ,L/N L(I� ADDRESS 1T /�114 S'T 0{0A'A"e., 4 nU JA-)e7Z _ )X0.) (STREET) (CONTR'S LICENSE1 l NUMBER OF PERMIT TO �.I'P/�N JD L//r%N A- S-P/X(r O STORY --ul„-1 C-'LL aiL DWELLING UNITS (TYPE OOFF/I MPRO(Y EEMFNTI n/ANO. (PROPOSED USE) 7 / -7/ 0KL/>«.P/2 s7 /�/ /� ZONING /J 7 AT FLOCATIONI DISTRICT 1x0.1 (STREET? BETWEEN AND (CROSS STREET) (CROSS STREET) LOT SUBDIVISION LOT BLOCK SIZE BUILDING IS TO BE FT. WIDE BY FT. LONG BV FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION / (TYPE) REMARKS: �'/C p��/� � ��/<Y P� /(/iNl J-/�ACC-%/LTA R%7/C �lYdfB Lyns -1, E. _ .r IU �.�}(�, A.', 111 AL VU L a lard AREA OR pp PERMIT c VOLUME ESTIMATED COST Q S FEE C'i BIC'50OARE FEET) •1 \ WNER E 4 BVIIE ADDRESS BY THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET. ALLEY 09 SIDEWALK OR ANY PART THEREOF. EITHER TEMPORARILY V, PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY. NOT SPECIFICALLY PERMITTED UNDER THE BUILDING COO,E, MUST BE AP- PROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED -'V - - anT`Adi.T J- PUBIC W'C^K0. i ISPUANLc OP THIS PERM)I UGES NO T REI_EASE THE APPLICANT FROM THE CONDI) IONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS, MINIMUM OF THREE CALL APPROVED PLANS MUST BE RETAINED ON JOB AND THIS WHERE APPLICABLE SEPARATE. INSPECTIONS REQUIRED FOR CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN PFRMITS ARE REQUIRED FOR ALL CONSTRUCTION WORK: ELECTRICAL. PLUMBING AND I. FOUNDATIONS OR FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL INSTALLATIONS. 2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALLNOT BE OCCUPIED UNTIL MEMBERS(REAOY TO LATH). FINAL INSPECTION HAS BEEN MADE. J. FINAL INSPECTION BEFORE OCCUPANCY, POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS P ING INSPECTION APPROVALS ELECTRICAL INSPECTION APPR0VA_5 z T �1ZxlJ ,tau✓ j,iy ! Y y.. C ✓saw -� � � i; r;�''�(�J N07e om BOARD OF HEALTH GAS INSPECTION APPROVALS FIRE DEBT. INS CTING APPR LS 1 ✓�,� 00 L OTHER CITY ENGINEER 2 2 WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARD INSPECTOR HAS APPROVED THE VARIOUS WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE CAN BE ARRANGED FOR BY TELEPHONE STAGES OF CONSTRUCTION. PERMIT IS ISSUED AS NOTED ABOVE. OR WRITTEN NOTIFICATION. Y Aw- 1 1 � LG / f � MAX REALTY TRUST Suite 900 59 Temple Place November 20 , 1937 Boston, MA 02111 Tel. 1-617-338-8033 Craig Silva Paul DePlatos 79 Orchard Street Salem , Ma . 01970 It being my intention to terminate your tenancy you are hereby notified to quit and dol Ivor up at the expiration of that month (necemher) of your tenancy which shall begin next after this date , Che premises now held by you as my tenant , namely : 77 Orchard Street , Salem , Na . 01970 You must leave the premises by December 31 , 1987 , If you fail to vacate , I shall take due course of law to eject you . Yours , Julian Dunlop Trustee Max Realty Trust Sent Certified Mail and first clasp mail postage prepaid. I I P 154 217 436 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) a Sentto Julian Dunlop Street and No59 Temple St. -r P.O..St04` $ P1tde02II1 O a C9 Postage $ oil Certified Fee .l y Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered mReturn receipt showing to whom, m Date,and Address of Delivery A TOTAL Postage and Fees $/ LL (/ c Postmark or Date m M E 0 LL N a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST-CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES Fox ANY SELECTED OPTIONAL SERVICES.(see front) 1. If you want this receipt postmarked,stick the gummed stub on the left portion of the address side of the article leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. It you do net want this receipt postmarked,stick the gummed stub on the left portion of the address side of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card, Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article. Endorse front of article. RETURN RECEIPT REQUESTED adjacent to the number. 4. I1 you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is re- quested,check the applicable blocks in item 1 of Form 3811. 6.Save this receipt and present it if you make inquiry. A ,CON Ctv of Aassar4usetts Public Property Peparttneut g �J�e�tMME��'1Y 141 ui11inq Brpartntent (01tr ?Dalen 6rertt 7,15-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. November 3, 1987 Mr. Julian Dunlop 14 Ash Street /59 Temple St . Cambridge,MA. /Suite 400, Boston,MA 02111 RE: [7_73]_9-Orchard-Street,vSalem;MA-_-y Dear Mr. Dunlop, On November 2, 1987 your property located at 77-79 Orchard ST. , Salem,MA was posted with a Stop-Work Order in Violation of Mass. State Building Code Section 119.0, Certificate of Use and Occupancy. Property is now being occupied without Certificate of Occupancy, and will be vacated within twenty four (24) hours of this notice, subject to one thousand ($ 1 ,000.) dollar a day fine. You must apply for a Certificate of Occupancy. You are also in Violation of Salem Zoning Ordinance Section V-2-C. , operating a lodging house without a license, subject to one hundred dollars ($ 100.) a day fine. Also you are in Violation of Mass. General Laws Sect. 22 Lodging House, operating Lodging House. ,r 't You may apply to our local Board of Appeals for Special Permit to operate a Lodging House, and obtain a license for same from Salem License Board. Respectfully, /James D. Santo Assistant Building Inspector JDS/eaf C.C. City Clerk City Solicitor Ward Councillor e-s'y'CON or,l D# *ajL.m, (AAsNL K L 4s Public Propertg Pepartutent rPuildinq 3Iepartntent (Pne , uIrm Green 745-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Ass't Inspector Inspector of Buildings Edgar J. Paquin, Ass't Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. November 9, 1987 Mr. William Munroe Inspector of Buildings One Salem Green Salem, Ma. 01970 RE: 77-79 Orchard Street Dear Mr. Munroe, On November 9, 1987 Maurice Martineau and myself made a site visit to 77-79 Orchard Street for the purpose of a final inspection prior to issuing a certificate of occupancy. I was unable to issue a certificate at this time as the following items need to be corrected. 1. Handrail needed on first floor, rear, outside porch. 2. Close in risers and install ballusters on stairs leading from basement rooms to outside. 3. Porch torailings on outdoor, second floor, front porch need to be stabilized, cannot withstand required lateral pressure. 4. Front halls to second floor need hand rails. While at the site we observed people sleeping on all four levels of the building. It appeared that all rooms except the kitchens, baths and first floor living roan were used for sleeping. At least three people per floor were observed, a total of twelve (12) people in the building. Respectfully, Maurice Martineau, Ass't. Inspector , ep en Santry, s't. Ins ctor SS/lyd 'CON ORI to V4 "rote`, �assar4usettY � �uhlic �f 1rt~;perfg �e}Ittrttnent s '�Jg60'NNt�Y'Sr 13uilliuq �eJJttrtntent (!Otte �Nlenl (6reen 7,13-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. November 3, 1987 Mr. Julian Dunlop 14 Ash Street /59 Temple St . Cambridge,MA. /Suite 500, Boston,MA 02111 RE: 7� 7=79-Orchard-Street,Sa-Lem,MA, Dear Mr. Dunlop, On November 2, 1987 your property located at 77-79 Orchard ST. , Salem,MA was posted with a Stop-Work Order in Violation of Mass. State Building Code Section 119.0, Certificate of Use and Occupancy. Property is now being occupied without Certificate of Occupancy, and will be vacated within twenty four (24) hours of this notice, subject to one thousand ($ 1 ,000. ) dollar a day fine. You must apply for a Certificate of Occupancy. You are also in Violation of Salem Zoning Ordinance Section V-2-C. , operating a lodging house without a license, subject to one hundred dollars ($ 100. ) a day fine. Also you are in Violation of Mass. General Laws Sect . 22 Lodging House, operating Lodging House. You may apply to our local Board of Appeals for Special Permit to operate a Lodging House, and obtain a license for same from Salem License Board. Respectfully, James D. Santo Assistant Building Inspector JDS/eaf C.C. City Clerk City Solicitor Ward Councillor