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29 PIERCE ROAD - BUILDING INSPECTION 0�-- C�itU offtto,sttr4USCttoVOW Vropertg Department Nuilding Bepartment _ (One tsalem Green 588-745-9595 Fxt. 388 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 4, 1992 Lillian Papalegis 29 Pierce Road Salem, MA 01970 RE: 29 Pierce Road Dear Mrs. Papalegis, I have received a list of violations on your property from the City of Salem Health Department. I have also researched the above referenced property and have compiled a list of violations that must be corrected. 1. A permit for an addition was taken out on March 14, 1985. Request for inspections of said addition were never called into this Department. 2. Addition is being illegaly used because Certificate of Occupancy was never issued. 3. You are in an R-1 Zoning area and cannot legally rent as a residential unit. 4. You must vacate any rental units on said property withing forty five (45) days of receipt of this letter. 5. You must obtain electrical, Plumbing and Fire Prevention Inspections on said addition. 6. You also must obtain an Certificate of Occupancy from this office. 7. If you wish to maintain a second residential unit you must file to the Board of Appeals for approval. If I can be of any further-:assistance, please do not hesitate to call me. Sincerely, cc: Ward Council Board of Health (Gr✓`t Sydney richardson Leo E. Tremblay Inspector of Buildings Zoning Enforcement Officer LET/eaf Certified # P 268 691 710 CERTIFICATE ISSUED DATE CITY OF SALEM Sx -: -�EM,;MASSACHUSETTS 01970 BUILDINGPERMIT CERTIFICATE OF March i14, 85 #124 E PERMIT�NO. 4PP `f "T" D�T Pferce.!Rd.1 'lian PaR�le 8 ADDRESS 519 (STREET) (CANT R•$ LICENSE) Addition NUMBER OF j PERMIT TO (—I STORY f DWELLING UNITS ITYPE OF IMPROVEMENT) NO.' (PROPOSED USE) 2Pierce Road kTliLOCAi'ON) 9 ZONING IND.;' (STREET) DISTRICT-­­-L� :BETVVEEN, r ANO 71 7 (CROSS STREET) )[ROSS, STREET) SUBDIVISION LOT LOT_BLOCK—SIZE RUILOING ISTO �E FT. WIDE By FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION .UCTION xi TO,TYPE UGROUP 77 USE BASEMENT WALLS OR FOUNDATION ITYPE) REMARKS' 0 ri Permit to Occupy gg un m Fs VOLUME: , (CUBIC/SQUARE FEET) OWNER Lillian C. Papa -WN IRFvfl W"I RF*n w"oemgemo al ESS SEE REVERSE BE POSTED ON PREMISES E SIDE FOR CONDITIONS OF CERTIFICATE Titq of "'5tt1Pm, ttsstztliusetts 3 Pnnrb of �u enl DECISION ON THE PETITION OF LILLIAN—PAPaLEGIS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT=`9 PIERCE—ROAD-!!"(R-1) A hearing on this petition was held June 17, 1998 with the following _ Board Members were present: Nina Cohen, Michael Ward, Ronald Harrison, Paul Valaskagis and Richard Dionne. 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 Massachusetts General Laws Chapter 40A. At the request of the petitioner Lillian Papalegis, the Salem Board of Appeal voted 5-0, to grant leave to withdraw this petition without prejudice for a Variance from side setbacks to allow proposed addition. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE June 17, 1998 /} Nina Cohen Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK. Appeal from this decision,if any, shall be made pursuant to Section 17 of the Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. Board of Appeal m nx � ma N N yy CO Ofj� Y A d � r♦A 40 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH 9 North Street. ROBERT E. BLENKHORN Salem, Massachusetts 01970 HEALTH AGENT 508-741-1800 ., December 2,1992 Lillian C.Papalegis 29 Pierce Road Salem,MA 01970 L' Dear Ms Papalegis: In accordance with Chapter 111,Sections 127A and 127B,of the Massachusetts General Laws, 105 CMR 400.00: State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code,Chapter II: Minimum-Standards-of Fitness for Human Habitation,an inspection was conducted of your property located at C29 Pierce Road Apt.IR occupied by Sydney Richardson conducted by Virginia Moustakis,Sanitarian of the Salem Health Departmenf on November 27, 1992 @ 9:30 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 these violations in accordance with the enclosed report. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders and other documentary information in the possession of this Board,and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. For the Board of QHeealth� Reply to: Ro ert E.Blenkhom,C.H.O Virginia Moustakis Health Agent Sanitarian Certified Mail P 332152 053 cc: Tenant Fire Prevention Building Department Electrical Department Plumbing Department Page 1 of 3 SALEM HEALTH DEPARTMENT 9 North Street .Salem,MA 01970 State Sanitary Code, Chapter,ll-.,105;CMR 410.000 Minimum Standards of Fit i 'for Human Habitation • - rx: -.-, ir, `=`3':F.3"° end es Occupant: .*DNQV /l1LH-A1e2.40N Phone:7V�-_ 3.S q7 Address: a 9 �/�Gf71� Apt. �A Floor Owner.-,Z/ L1,17-A1 e, • !�Q OQLFG/ _.Address: m q9 Inspection:Date: IUQ l Ek 7 �9Tme: 9 30 �q-77, Conducted By: V7PGI/ IM �"I-aka Accompanied By: /17— Anticipated Reinspection Date: Specified Reg # •`° Violation, Time fP `3`<`.;t FYI L ,d ff;x+i aro r!y3; •) 1':) -t:xT4 1"s .. ' 'Lu3...,: ...,. .,1 kAg /VV E AM 7/ ✓ ON e / v ti J Hi 15MOk �t/ Off' NO & N6. AM N 7 1(1,0-1 Nr O L -0 SY 1: One or more of the above violations may endanger or materially,impair the health, safety and well-being or the occupants(s). I�IJIA / 2ydl o i,a / dtode Enforcerfient Inspector Este as un documento legal importante. Puede que afecte sus derechos. Puede adquiriruna traduccion de esta forma. APPENDIX H(14) Legal Remedies for Tenants of Residential Housing The following is a brief summary of some of the legal remedies tenants may use in order to get housing code violations corrected: 1..Rent Withholdine(Massachusetts General Laws,Chapter 239,section 8A):7f Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments..You can do this without being evicted if: A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in your rent. B. You did not cause the violations and they can be repaired while you continue to live in the building. C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it(For this,it is best to put the rent money aside in a safe place.) 2. Renoir and Deduct(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows you to use your rent money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,safety,or well-being,and your landlord has received written notice of the violations, you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have them made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent in any year to make the repairs. 3. Reta_liator-v Rent Increases or Fadctions Prohibi rA(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 4he complaint;-he:oa:she will haveto show a good reason-for,the increaseroneviction.which is:unrelated,to your.complaint:You . _. may be able to sue the landlord for damages of he or she tries this. 4. Rent Receivershin(Massachusetts General Laws,Chapter 11,section 127 C-H):The occupants and/or the Board of Health may petition the District or Superior Court to allow rent to be paid into court rather than to the owner.The court may then appoint a "receiver"who may spend as much of the rent money as is needed to correct the violation.The receiver is not subject to a spending limitation of four months'rent. 5. Breach of Warranty of Habitability:You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimum standards of habitability. 6. Unfair and DzcP.ptive 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 ,v F � . . . / • rt 1 r / r s /' i / MA -- - - f IN l rAW MWM Page A _of 3 SALEM HEALTH DEPARTMENT y 9 North Street Date: Salem, MA 01970 Q ,p .� Name: S, P FES.t�lJ 6 Address: A 9 { /"TGA UQ Specified Reg # Violation Time 410. . . . IU C � FFG N �! J/ f 5O S S L OO O nl ,afS 2171 20.' Law Offices DECOULOS & DECOULOS 248 Andover Street at Willowdale Lane Peabody, Massachusetts 01960-1598 Tel. (508) 532-1020 Nicholas J.Decoulos James N. Decoulos December 8, 1992 Leo E. Tremblay, Inspector of Buildings City of Salem Building Department One Salem Green Salem, MA 01970 Dear Mr. Tremblay: Please be advised that this office represents Lillian C. Papalegis, of 29 Pierce Road, Salem, Massachusetts, to whom you sent a letter dated December 4 , 1992 , containing a list of violations that you received from the City of Salem Health Department. You also listed certain violations of the Zoning Ordinance of the City of Salem and the Building Code. For your information, these complaints are being made because, as a result of the tenants' failure to pay rent, an eviction notice was served upon them and a summary process complaint was subsequently served upon them. I will be pleased to further discuss this matter with you at your convenience. Trusting that I will hear from you in this regard, I remain, Very truly yours, ,DF'aLvII?�S S- DEC^T Nicholas Decoulos NJD/aw 9 (Mg of I*a1m. Massar4usetts Public Propertg s3epartment AfG e�N" Nuilbing i3epurtment One *alem (green 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 9, 1992 Kevin Daly, Esq. City Solicitor City of Salem RE: 29 Pierce Road (R-1) Dear Mr. Daly: I have enclosed, for your perusal, recent correspondence relative to the above referenced property. I feel that any conversation to be held with Mr. Decoulos regarding the list of violations enclosed would be more in your line and would be better handled coming from your office. I would be more that happy to meet with you to discuss these violations and what course of action should be taken. Sincerely, C� Leo E. Tremblay Inspector of Buildings Zoning Enforcement Officer LET:bms cc: Health Department Councillor Blair Enclosures Gifu of 14ttlem, MUSSUc4usetts Public Propertg Department Nuilbing 10cpartment Mne Salem Green 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 9, 1992 Kevin Daly, Esq. City Solicitor City of Salem RE: 29 Pierce Road (R-1) Dear Mr. Daly: I have enclosed, for your perusal, recent correspondence relative to the above referenced property. I feel that any conversation to be held with Mr. Decoulos regarding the list of violations enclosed would be more in your line and would be better handled coming from your office. I would be more that happy to meet with you to discuss these violations and what course of action should be taken. Sincerely, L eo E. Tremblay Inspector of Buildings Zoning Enforcement Officer LET:bms cc: Health Department Councillor Blair Enclosures UNITED STATES POSTAL SERVICE s Official Busines w PM 3 n � 08 UEC U o ---------------TIFITK[ITTYRO-R-PRIVATE USE, $300 Print your name, address and ZIP Code here Leo E. Tremblay Building Inspector One Salem Green Salem,MA 01970 SENDER: • Complete items 1 and/or 2 for additional services. I also wish to receive the • Complete items 3,and 4a&b. following services (for an extra • Print your name and address on the reverse of this form so that we can fee): return this card to you. • Attach this form to the front of the meilpiece,or on the back if space 1. ❑ Addressee's Address does not permit. • Write"Return Receipt Requested"on the mailpiece below the article number. 2 ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivered to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number P 268 691 710 Lillian Papalagis 4b. Service Type 29-Pierce Road ❑ Registered ❑ Insured Salem,MA 01970 )o Certified ❑ coo ❑ Express Mail ❑ Return Receipt for Merchandise /f 7. Date D ' J i /(, ! f Signature (Addressee S. Ad essee's Address(Only if requested and fee is paid) 6. Signature (Agent) PS Form 3811, November 1990 nu.s.GP0:1901-287-M DOMESTIC RETURN RECEIPT