9 PICKERING WAY - BUILDING INSPECTION et
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74520 40% P4
CITY OF SALEM, MASSACHUSETTS
BUILDING DEPARTMENT
120 WASHINGTON STREET,3'D FLOOR
. 0 TEL: 978-745-9595
KIMBERLEY DRISCOLL FAX: 978-740-9846
MAYOR
THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER
Pickering Wharf Complex,LLC
Rockett management&Realty Company
57 Wharf Street—Unit 2E
Salem,Massachusetts 01970
ACTION REPORT—9 Pickering Way, Building G March 22, 2017
At approximately 4:45 p.m.on Thursday,March 16,2017,a phone call was received from Fire Dispatch regarding
a working fire at the above referenced property located at 9 Pickering Way,Building G.
A subsequent investigation of the fire scene to the best of my knowledge appeared to show that the damage was
identified in the first-floor framing assembly. This assembly separating the ground floor units and second floor
units was directly above the first-floor electrical room. Damage to the floor joist ends were observed. The load
bearing joist ends appear to have been burned though and therefore structurally compromised.
Electrical service to the building has been shut off,as well as the fire suppression in the building has been shut
off,thus rendering the building uninhabitable.As a result of this Occupancy Permits have been removed.New
Occupancy permit will be needed prior to reoccupying the residence. A board up of residence was completed
and the building had been secured upon leaving site.
If you have any questions regarding this letter,please contact me at(978)619-5640.
Respe lly,
Thomas St. Pierre
Building Commissioner&Zoning Enforcement Officer.
�c0 0
CITY OF SALEM, MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
o
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
June 29, 2004
Justin Collins
Rockett Management
57 Wharf Street Suite 26
Salem, Ma. 01970
RE: Smoke Complaints at
9 Pickering Way,Unit#7
Amended July 6, 2004
Dear Mr. Collins:
This letter is clarifying my involvement regarding the smoke complaint by your tenant
Steven Beard and Tanasis Cespedes.
After receiving a complaint from your tenant, I first visited the apartment on January 26,
2004. Present were David Greenbaum and Virginia Moustikis from the Salem Board of
Health and yourself.
On the first visit not much was discovered.
After that date, the occupants of Unit#7 contacted us several times.
On March 15, 2004, I issued a letter asking for a pressurized smoke test to be carried out
by an H.V.A.C.professional.
Your company arranged for the test on March 25, 2004 Present that day was the tenant,
Steven Bedard, Richard Rockett, Bruce Byer, David Greenbaum and Virginia Moustakis
from Salem Board of Health and Inspector Don Westin, Salem Fire Department, yourself
and me.
The smoke test demonstrated incomplete Draft stopping between unit# 5 and unit#7.
Draft stopping is required in R-3 use group Per Sate Building Code 780 CMR Section
720.0.7.2.1.
Your company immediately went to work to complete the smoke partition and on April 5,
2005 a follow up test was conducted. The test between units was satisfactory.
A subsequent smoke bomb that was set off on the extension of the building, demonstrated
a very small barley noticeable amount of smoke.
I felt the building code requirement for smoke separation had been satisfied and had no
further suggestion for any subsequent testing.
If further information is required, please let me know.
Sincerely,
Thomas St. Pierre
Acting Building Commissioner
cc: Kate Sullivan
Health department
Fire Prevention
i
May 17 2004 11 : 40AM Rockett Management of Sal 978-740-6728 p. l
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2 •
ROCKETT
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�. FACSIMILE TRANSMITTAL SHEET
TO: FROM,
?; I Tom St Pierre Justin Collins
COMPANY: DATE-
Salem Building Dept. 5/17/2004
FAX NUMBER: TOTAL NO. OF PAGES INCLUDING COVER:
978.740.9846 1
RE: YOUR REFERENCE NUMBER:
9 Pickering Way,unit#7
❑URGENT 13 FOR REVIEW 11 PLEASE COMMENT 11 PLEASE REPLY B PLEASE RECYCLE
NOTES/COMMENTS:
ill` �• Tom
f Below is a timeline of your involvement in the matter of Steve Beard and Tanasia Cespedes
j' at 9 Pickering Way:
i
a i
1/26/04 Inspection with you,me,David Greenbaum and Virginai Moustakis, from
the Health Dept.and Steve Beard present. Nothing found. You
'
:recommended doing a smoke test to determine if there were any holes
between units. I carried these out these in-house tests
3/15/04 Letter from you to carry our tests with an HVAC professional present.
I. 3/25/04 First smoke test carried out with you,Steve Beard,Richard Rockett,Bruce
Blyer and employees,David Greenbaum and Virginia Moustakis from the
i Health Dept. It was determined that there was a void between#5 and #7.
1'
All other units tested fine.
4/5/04 Second smoke test after repairs were carried out. You,me, someone from
f Salem Fire Dept,Steve Beard and a Rockett employee were present. Smoke
test between unit#5 and#7 was satisfactory. We then set of a smoke bomb
outside and it was then that smoke was entering the unit. It wasn't pouring
in but enough to be detectable.
i,
ij
1 �
57 WHARF STREET, SUITE 2G • SALEM,MA01970
i TEL(978)740.6990•FAX(978)74 0.0728
Steven Beard and Tanasia Cespedes
9 Pickering Way,Unit 7
Salem MA 01970
Rockett Management
57 Wharf Street, Suite 2G
Salem,MA 01970
(978) 740-6990
(978) 740-6728 fax
February 24, 2004
Dear Justin,
By way of this letter,we are responding to your letter dated February 20.
We are curious to understand how you consider this matter closed when this issue has not
been resolved??? We continue to get cigarette smoke penetration in our unit You've been
directed by the Salem Board of Health and the Salem Building Department to resolve this
outstanding issue and as of today, it hasn't been. We brought this to your attention in the
same month that we moved into this building in 2002 with no response from you for a period
of time and you challenged the validity of this issue instead of looking to document and
remedy it. We have proactively asked you several times to come to our unit to document the
cigarette smoke penetration yourself instead of taking our word for it and you've refused
everytime. Rather than documenting this issue yourself, you've repeatedly stated, "there's
nothing else I can do." It's unfortunate that you insinuate this claim of cigarette smoke
penetration is untrue. We see that as an attack of our credibility, direct defamation of
character and unacceptable.
Caulking around the ductwork vent plates in the bathrooms,as you've had done,does not
constitute a good-faith effort to correct the cigarette smoke penetration into our unit. And
suggesting to"disconnect the bathroom fan and close the duct'does not correct this issue
and does not follow building code. As property owners and management,you have a
responsibility to build up to code. This building does not seem to be up to code when
cigarette smoke comes from other units in the building through the ductwork and holes in the
walls.
We called you on February 21,2004 at 12:15am to report cigarette smoke penetration and the
following night on February 21, 2004 at I 1pm. We called again February 22, 2004 at
10:30pm and paged the on-call Rockett contact to come to our unit to document the cigarette
smoke penetration. Bruce, a Rockett employee, came to our unit at about l 1pm,February
22,2004. Bruce said, "There's definitely cigarette smoke coming through. I smell it in this
closet and in your kitchen. There must be something in this wall that's allowing the smoke to
come through." To clarify,Bruce was referring to the closet with the Heating and A/C unit.
page I of 3
Last night, February 23, 2004 the cigarette smoke was so bad that when we came down to the
kitchen this morning for breakfast,the kitchen and living room still reeked of cigarette
smoke! Very disgusting!
We are curious to know why do you think we would repeatedly bring this cigarette smoke
issue to your attention if it didn't exist??? We don't have time for such nonsense!!! It's
unfortunate that you insinuate this claim is untrue. We are very busy professional working
adults. We desire a residence that's livable and doesn't smell like an ashtray. When
cigarette smoke penetrates our unit we get severe headaches, coughing, our throats tighten
and become very sore, nosebleeds, can't sleep or breath at night; shall we go on?? It's
wintertime and the only relief we can get is by opening the windows and letting the freezing
cold fresh air in or by not being home. Is this a way to live?? Would you want your family
to live in these circumstances?? We avoid turning on the heat because that only pushes the
smoke through the ductwork faster. This boils down to being a health issue and a building
issue that shouldn't exist in the first place and because it does, it makes for a grotesque living
situation. You certainly wouldn't want your family subjected to living in this gross situation
and I'm sure you wouldn't want to be subjected to this gross situation either. It's very
interesting how you've come to the conclusion that our"complaints are now simply a means
to break our lease without penalty."
As we mentioned in our letter dated February 17,2004; we called you at 8:40pm,February
10, 2004 to report the cigarette smoke in our unit and you sent Rich from Marblehead, a
Rockett employee, instead of coming yourself. When Rich was here to document the issue
he said to us, "It smells like an ashtray in here. You guys aren't crazy. There's definitely
cigarette smoke in here." So it seems very questionable that you are saying that your
"employee""could not detect the presence of cigarette smoke. Only after being directed to a
kitchen cabinet the employee could detect a faint smell that he could not readily identify."
First, with my own eyes I can verify that Rich did not put his head into our kitchen cabinet,
as you state. Second, it would seem that you spoke to a different employee rather than Rich,
who came that night. Its seems very likely your statements equivocate the actual events of
Rich's visit because they do not reflect what Rich said when he was here.
The statements in your February 20, 2004 letter say, "At no time during any of these tests did
I smell any smoke nor detect any visible signs of smoke." When in fact, before you even
started the smoke test that day you pulled out the stove from the wall and said, "there is a
hole back here that needs to be filled no matter what." This hole you found has yet to be
filled. And while you where"performing"the smoke test you said, "I smell it, don't you?"
You asked this very same question of Ricky Rockett when you both came to our unit on
February 12, 2004 as a follow-up to Rich's visit on February 10, 2004. You asked Ricky, "I
smell it, don't you?" Ricky responded, "All I smell is pots and pans." Again, it seems
questionable that you state in your letter that at no time did you find smoke penetration when
on more than one occasion you said you did smell cigarette smoke.
page 2 of 3
You've stated to us that all ductwork from each unit in this building connects to our unit and
points up. Unfortunately, the odors, Cigarette smoke and cooking odors, fall into our unit
instead of going out of the building. Is this design and installation up to building code??
On February 19, 2004,you and an unnamed Rockett employee performed a smoke test.
Because of your findings from that test we believe another smoke test should be performed
by a professional that knows what their doing.
It is clear to us that our role is to bring an issue to your attention and we have reported the
penetration of cigarette smoke. Your role is to respond and remedy the issue by documenting
the issue and finding the source. Remember, you decided the source of the smoke is Unit I
and previously Unit 3,we didn't. We have simply reported repeatedly where the penetration
is strongest in our Unit 1 at the time.
Regarding the `smoke moving', as we've stated every time before,we have simply reported
where the smoke seems to be the strongest at the time of penetration. This would tell a
reasonable person that the smoke is possibly coming from different areas in the building,not
from the same place.
Its clear you stated in your letter dated February 20, 2004 that you"consider this `cigarette
smoke issue' closed and that Rockett has no further obligations." We believe that that
statement in combination with the unreasonable modified offer to end our tenancy early is by
no means fair and amicable for both sides. What would be fair would be to bring resolution
to this cigarette smoke penetration so we do not have to suffer anymore.
Sincerely,
Steven Beard and Tanasia Cespedes
cc: Tom St.Pierre, City of Salem Building Department
David Greenbaum, City of Salem Health Department
Brian Barrett,Antico Barrett Burke &Kornitsky LLP
page 3 of 3
Steven Beard and Tanasia Cespedes
9 Pickering Way, Unit 7
Salem MA 01970
Rockett Management
57 Wharf Street, Suite 2G
Salem, MA 01970
(978) 740-6990 (978) 740-6728 fax
February 17, 2004
Dear Justin,
By way of this letter, we are responding to your recent written communications dated February 9 and January 28 and
your verbal communication of February 12.
As we have stated numerous times before, the source of the cigarette smoke will not be found during the day when
most building tenants are not home, so it is not a surprise that the source could not be found at the time of your
meeting with Tom St. Pierre of the Salem Building Department and David Greenbaum of Salem Board of Health on
January 26.The majority of the cigarette smoke penetration happens during the evening hours between 7pm—3am.
Certainly, obvious construction defects will not be found when there is no cigarette smoke present at the time of
review. As we've stated before,cigarette smoke is not coming in from outside, it is coming through the ductwork and
through the walls and cabinets in the kitchen from other units in this building. You have stated in previous
conversations that Unit 1, 5, and 8 are cigarette smokers and the previous tenants in Unit 3 were smokers too.
There are obvious HVAC and construction imperfections that have allowed the cigarette smoke penetration. The
cooking odors are a nuisance on their own. Your January 3, 2003 letter said the only other option is to`disconnect the
bathroom fan and close the duct.'...'Aside from that,there is nothing else I can do.' This isn't building code and
would have been unfair to us with mildew build up and the issue would not have been resolved.
When this cigarette smoke issue was brought to your attention within the first 30 days of thestart of our lease, we
asked for you or someone from management to come document the presence of cigarette smoke and for this issue to
be resolved. The response we received was `there is no one available after work hours.'
It seems improper that this issue was not resolved after it was brought to your attention and only now, 17+months
later,that the Salem Building Department and the Salem Board of Health are involved,you desire to `have this
problem resolved in a timely manner.' Over the course of 17+months, we have had to endure this gross situation that
hasn't allowed us quiet enjoyment of the leased premises.
On Tuesday, February 10 at 8:40pm,we called you to report the cigarette smoke in our unit. With the refusal to come
stating you live too far, Rich from Marblehead was sent. Rich confirmed the cigarette smoke. On Thursday,
February 12,you and Rick Rockett, the building owner, entered our unit as a follow-up to Rich's visit.
At this time, we have not received your written acknowledgement of your visit, acknowledgement of the issue and
your course of action. Please respond with y owledgement and your course of action.
Sinc rely,
Steven Beard and Tanasia Cespedes
cc: Tom St. Pierre, City of Salem Building Department
David Greenbaum, City of Salem Health Department
Brian Barrett, Antico Barrett Burke&Komitsky LLP
i
CITY OF SALEM9 MASSACHUSETTS
PUBLIC PROPERTY DEPARTMENT
VIA
120 WASHINGTON STREET, 3RD FLOOR
�MIN6 SALEM, MASSACHUSETTS 01970
STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380
MAYOR FAX: 978-740-9846
June 30, 2004
Justin Collins
57 Wharf Street, Suite 26
Salem, Ma. 01970
RE: Smoke complaint at
9 Pickering Way,Unit 7
Dear Mr. Collins:
This letter is to clarify my involvement regarding the smoke complaint by your tenants,
Steven Beard and Tanasia Cespedes.
After receiving a complaint from your tenant, I first visited the apartment on January 26,
2004. Present were David Greenbaum and Virginia Moustakis from Salem Board of
Health and yourself.
On the first visit not much was discovered.
After that date, the occupants of Unit#7 contacted me several times.
On March 13,2004, I issued a letter asking for a pressurized smoke test to be carried out
by an H.V.A.C. professional. Your company arranged for the test on March 25, 2004.
Present that day was the tenant, Steven Beard, Richard Rockett,Bruce Blyer, David
Greenbaum and Virginia Moustakis, from the Health Department and Inspector Don
Weston, Salem Fire Department,yourself and me.
The smoke test demonstrated an incomplete smoke partition between Unit#5 and Unit
#7.
You company immediately went to work to complete the smoke partition and on April 5,
2004 a follow up test was conducted. The tests between units were satisfactory.
r
A subsequent smoke bomb that was set off on the exterior of the building, demonstrated a
very small barely noticeable amount of smoke.
I felt the Building Code requirements for smoke separation had been satisfied and had no
further suggestions for any subsequent testing.
If further information is required,please let me know.
Sin ere�ly, �j{Q
Thomas St. Pierre
Acting Building Commissioner
cc: Kate Sullivan, Mayors Office
Health Department
Fire Prevention
Business Certificate
CUP of *atem, fflamwbugettg
3 j
DATE FILED > Type: ❑/New
Expiration Date C9' Renewal, no change
Number 94-242 ❑ Renewal with change
In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General
Laws, as amended, the undersigned hereby declare(s) that a business is conducted under the title of:
type of business
by the following named person(s): (Include corporate name and title if corporate officer)
Full Name Residence
G
Si na res
- ------ -----------------------------------------------------
----------------------------------------------------- -----------------------------------------------------
on IJ f G� 1 9-4zheaboye named person(s) personally appeared before me and made an
oath that the foregoing statement is true.
e�&94-�'D
----------------------------------------------------- -----------------------------------------------------
CITY CLERK Notary Public
(seal)
Date Commission Expires
Identification Presented
State Tax I.D. # �1` 1�7. 7-0 t S.S. # 27'J 2-—9 7y}L
(if available)
-----------------------
In accordance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5, of Mass.
General Laws, business certificates shall be in effect for four(4) years from the date of issue and shall be
renewed each four years thereafter. A statement under oath must be filed with the town clerk upon
discontinuing, retiring, or withdrawing from such business or partnership.
Copies of such certificates shall be available at the address at which such business is conducted and shall be
furnished on request during regular business hours to any person who has purchased goods or services from
such business.
Violations are subject to a fine of not more than three hundred dollars ($300.00) for each month during which
Mailing address:
Steven Beard & Tanasia Cespedes
Po Box 2527
Lynn, MA. 01903
978.985.1151