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8-10 PORTER STREET - BUILDING INSPECTION l � /� �o� S'G�� 7(,q z s' p,s Nv LUL1� NSU= r r � . J�jSQy+`rQ Yt�wl11/ "�' a ��Z- b9 g - t�9 r°� r� �f'f�(' P � h0�� yaC1 �2t�-'' o- ii COMMONWEALTH OF MASSACHUSETTS District Court Department of the Trial Court Salem Division 56 Federal Street Salem,Massachusetts 01970 Phone:(978)744-1167 Fax:(978)744-3211 TTY:(978)744-2056 i Robert A.Brennan Brian K.Lawlor First Justice - Clerk Magistrate Michael C.Lauranzano Dolores Reves-Gormley :4 Justice Chief Probation Officer D.Dunbar Livingston Justice January 14, 2016 i1 To All Parties at 10 Porter Street: The City of Salem Building Inspector has been trying to resolve a state building code violation within your building for the past several months. This matter is now in the District Court and I would like to resolve this matter without further court involvement. I have arranged for the North Shore Community Mediation Center to assist the court in resolving this issue. I strongly urge all the parties involved to take advantage of this process. The mediation is free and confidential and is an inexpensive way to resolve the building issue. I have enclosed brochures to assist you in deciding what to do. Someone from NSCMC will be contacting you as to your decision. E( zt If you have any questions please do not hesitate to contact me. t Thank you. Sincerely, CCC' � l Ann M1Ccci 5 Assistant Clerk-Magistrate Xt cc: Thomas St Pierre, Building Inspector/ Director of Inspectional Services North Sbore 100 Cummings Center, Suite 3077, CriOY Beverly, MA 01915 c Center MEDIATION You are being given an opportunity to resolve your conflict by using a process called mediation. Please review the following information to understand how mediation might be helpful to you and your situation. What is mediation? Why choose mediation? Mediation is a voluntary, informal, and confi- Mediation is convenient, private, voluntary, dential method of resolving conflicts. A neutral and confidential. third party (mediator) assists both sides in The process provides you with a safe environ- seeking their own fair settlement of issues in ment to talk to each other, encourages you to dispute. The mediator helps you resolve the see both sides of the conflict, voice your indi- conflict rather than imposing a solution. vidual concerns, identify ways the situation could change, take steps to make those chang- The mediators are volunteers committed to es, formalize any agreements, and maybe even working with young people and have complet- learn ways of managing conflict if a future ed a Basic Mediation Training, an apprentice- problem arises. ship, and have experience mediating cases sim- Mediation preserves your right to return to ilar to yours. court if mediation does not work for you, now or in the future. What happens in a mediation session? Two mediators meet in a private room with all of the people involved to discuss the conflict. The mediators then might hold a separate meeting with each person to hear his or her story. When they all get together again, the mediators help both people (or groups of people) share information, talk together, and find solutions that are agreeable to everyone. Who is offered mediation? Where and when does mediation take place? The court encourages individuals who they feel Mediation sessions will usually take place in a could benefit from mediation to try the pro- private room at a place and time convenient to cess. Participants need to be willing and inter- you. A mediation could take just one meeting, ested in being part of the solution to the con- but sometimes people ask to return for another flict. session to be sure that they are satisfied with the outcome. Before you try mediation do you have some questions? Please call North Shore Community Mediation at(978) 232-1212. email: info@nsmediation.org web: www.nsmediation.org APPLICATION FOR APPLICATION NO.(COURT USE ONLY) PAGE Trial Court of Massachusetts CRIMINAL COMPLAINT j—of�C_ District Court Department I,the undersigned complainant,request that a criminal complaint issue against the accused charging the offense(s)listed below.If the accused HAS NOT BEEN ARRESTED and the charges involve: _ ONLY MISDEMEANOR(S),I request a hearing ❑WITHOUT NOTICE because of an imminent threat of . iil I}Eta C01.5't ❑BODILY INJURY ❑COMMISSION OF A CRIME ❑FLIGHT ❑WITH NOTICE to accused. . 56 Feder rutrast ❑ONE OR MORE FELONIES,I request a hearing El WITHOUT NOTICE El WITH NOTICE to accused. Salem,fLRA.QiS70 ARREST SITUS OF ACCUSED ❑WARRANT is requested because prosecutor represents that accused may not appear unless arrested. p HAS HAS NOT been arrested NAME(FIRST MI LAST)AND ADDRESS BIRTH D TE SOCIAL SECURITY NUMBER e ,,.J r✓f,`I'O, .� j)r- .i PCF NO. MARITAL STATUS V Rei," r��/ !✓r�qr�> DRIVERS LICENSE NO. STATE I ' PV err r� 0,C� 157 GENXHEIGHT WEIGHT EYES HAIR RACE COMPLEXION SCARS/MARKSrtATTOOS INTERPRETER NEEDED(language) BIRTH STATE OR COUNTRY DAY PHONE EMPLOYER/SCHOOL- MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) COMPLAINANT NAME(FIRST MI LAST) COMPLAINANTTYPE PD // / �. }-� 6 �• `art l{1 � (,'Irt, JLf I 1S ��5��y 10 POLICE [I CITIZEN ��OTHER ADDRESS PLACE OF OFFENSE 01 lvr'54, . lo.. F -/a- fij A 1 - n: INCIDENT REPORT NO. OBTN CITATION NO(S). OFFENSE CODE �J DESCRIPTION i1F�//, / OFFENSE DATE � :..-7A3• �br �f UW,'c( �r< t/0(fP GUr �'A VARIABLES(e.g.victim name,kontrolled substance,type and value of property;other variable information;see Complaint Language Manual) tc DATE OFFENSE CODE DESCRIPTION OFFENSE 2 VARIABLES OFFENSE CODE DESCRIPTION OFFENSE DATE 3 VARIABLES REMARKS - - COMPLAI(�' NT'S SIGNATUR DATE FILED X V .r�>,y'k.-? V�.--Ci'L COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION l DATE OF HEARING TIME OF EARING COURT USE ONLY 10 WILL BE HELD.AT THE ABOVE COURT ADDRESS ON J '��. '�l AT DCCR-2(07/11) COMPLAINANTS COPY www.mass.gov/courts/districtcourt CITY OF SALEM, MASSACTiUSETTS BUILDING DEPARTMENT t� - I20�UASHINGToN STREET,3R°FLCX)R `1~EL. (978) 745-9595 FAX (974) 740-9846 KIME;ERLF Y DPrISCOLL. MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER November 17, 2015 Carmen Berges 10 Porter Street Salem Ma. 41970 b',c condo issues-1.0 Porter Street Dcar Owner, The City of Salem has been Dying to resohte an issue regarding Mr. Rihane's basement area in his first floor Condo. It iq our understanding that an agreement cannot be worked out and the. City ,through the backing of District ConrC,4vonl<9 like to suggest mcdkition as a possible solution. We are asking that you contact:Deepika Madan at North shore Mediation 978-232-1212. The Pile 11 to reference is 1 S-ao-0013. Ms Madan call explain the process better than I can and I ash that you contact her to discuss Cunha'. This letter is being sent to all of the unit owners at 14 Potter Street. Thank you in advance for your anticipated cooperation. Sincerely, f1 12..IV Thomas Si.Pierre CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3RD FLOOR TSL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR TYLOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER July 24, 2015 Elizabeth Certa 10 Porter Street Unit#1 Salem Ma. 01970 Re: Plumbing/gas project Dear Ms. Certa, On Saturday, July 18'h2015 Salem Police responded to a call at 10 Porter Street regarding work being performed in the basement. Salem Police responded and this Department was notified Monday morning of the event. Monday morning July 201i 2015,this Department received a Plumbing and Gas permit from Boston Plumbing and Heating with an address of 682 North Main Street,Randolph Ma. 02368 . The licensed plumber/gasfitter is Phuc Nguyen #16027. This individual is properly licensed to perform this work. . On Thursday,July 23,2015 around 5:45, I inspected the basement and found a new boiler that had been uncrated and a section of gas piping that had been hung in the ceiling bay which was not connected on either end. Since a permit was submitted on Monday, we have no issue with fact that this work has been performed although at the time of the inspection I was unaware that the permit had been applied for. If you have any questions,please contact me directly. Sincerely, �P� Dennis Ross, Plumbing and Gas Inspector M S �? i RM APPLICATION FOR A PERMIT TO PERFORM GAS 1;TTI14G WORK AW CITY ern !'.,1L✓�/� _. MA DATE Z .__. PERMIT a JOEsi AomEss 10 'Dor u 7 OMERS NAME_42 do 0 4n G lay. G tiWNER ADDR _! TE / oil Z 3 f� FA)('v _ (f rPRHvTa OCCUPANCY TYPE COMMERCIAL 0 EDUCATIONAL ❑ RESIDENTIAL CLEARLY . zru NW. RENOVATION:Q REPLACEMENT: PLANS SUBMITTED; YES ] NO❑ APP ' Z FLODRS- awl I Z,,: � 4 5 6' I 8 @ fa 11 , 0 1 18 ' 14 B R.. RN RS11?T,.BLt " RPiEf; COOKSTOVE TVE#!t 4Tt . FRY TORMAUR _ MOM POOL R , 'RAF T UNIJ'HEATER UNYCNTEDROpAIHEATER - - � yi TE INSUMICE COVERAGE- !have a current&IJulftsimpe ppiicp qr IIs arAia!etpl3vatent wttia4a meets the Miseur oM of MU.Ch.142 YES $4 NO [ I IF YOU CHECKED YFS,PLEASE IRMATE THE TYPE Of COVERAGE BY CNEOM THE APPRcWPJATE 00X BELOW LIABILITY INSURANCE POLICY OTHER TYPE INDEMNITY 0 BOND 0 OWNER'S INSURANCE WAIVER:i am aware that ft licensee n the btstaramee coverage requM by Chapter 142 al the Massachusetts General LaWs,and that my stgastlrre on tws geawl don UYaiVas Otis rewirement. CHECK ONE ONLY OWNER ❑ AGENT ® f s SIGNAT.tlRE OF OWNER OR AGENT - thsruby Metea o/the detads:ata In leave E:at9�eatad arenured reawrdtryitas appLwWnare trus aryl arnsurata tatlxy teX atytrkr t4ca5 .. auM that @N-pturrthirbry viak am!kWaaations psrronnad under Sea pwMh isswo lar#ds application call be m contpiiaoce with all Pedinentpraot ion of the MassacnusEl:l:le PRtallaln9'Code and Glaplar 142 of the General to". -' PLUMBER-GA$RTTER NAME P kU C_ (LI( 04-k LICENSEliklV SItii URC �� IAP 12f IAGF[j JPO JGF(:)� LPGI[7 CORPORATION 0 P (�P&RTNER/SHIPP 0 9 � LLC[] COMPANY NAME Ly? Vii , _kY!IG!ti ,fiADDRESS CITY_.�U-' �,.� EMAIL COPY qF).tAARLY MASSACHUSETTS UNIFORM APPLICATION FOR A PERMIT TO PERFORM PLUMBING WORK____ MA DATE PERMIIAEADDRESS Iy OWNER'S NAME�(?det?ii gp qADDRESS TEL / —ZL3 `FAX NCY TYPE: COMMERCIAL Q EDUCATIONAL Q RESIDENTIAL ��J RENOVATION:❑ REPLACEMENT:❑ PLANS SUBMITTED: YES❑ NO ❑ FIXTURES? FLOQR— BSMT 1 2 3 4 S7 6 7 6 9 10 ii 12 13 14 BATHTUB CROSS CONNECTION DEVICE DEDICATED SPECIAL WASTE SYS DEDICATED GAS/OIUSAND SYS DEDICATED GREASE SYS DEDICATD GRAY WATER SYS DEDICATED WATER RECYCLE SYS DRINKING FOUNTAIN DISHWASHER FOOD DISPOSER ? FLOOR/AREA DRAIN P TERCEP70R INTERIOR TCHEN SINKVATORYOF DRAIN .OWER STALLRVICE 1 MOP SINKLET URINAL WASHING MACNINE CONNECTION WATER HEATER ALL TYPES WATER P! g7G rYOUCHECKED INSURANCE COVERAGE: rent Ilablllbe Insurance,policy or Its substantial equivalent which,meets the requirements of MGL Ch.142. Yes�No❑ > CKED YES,PLEASE INDICATE THE TYPE OF COVERAGE BY CHECKING THE APPROPRIATE BOX BELOW LITTY INSURANCE POLICY OTHER TYPE OF INDEMNITY Q BONDNSURANCE WAIVER:I am aware that the licensee does not have the insurance coverage required by Chaplet 142 of the etts General Laws,and that my signature on this permit application wi g this requirement. CHECK ONE BOX ONLY: OWNER Q AGENT Q Owner or Owner's Agent I hereby certify that all of the details and Information 1 have submitted(or entered) regarding this application are true and accurate to the beat of my Knowledge and that all plumbing work and Installations performed under the permit Issued for this application will be In compliance with all Pertinent provision of the Massachusetts Slate Plumbing Code and Chapter 142 of the General Laws, PLUMBER NAME ��_ SIGNATURE_u1�� LIC N z MP[$ JP❑ TION ❑4 r PARTNERSHIP q CLC ❑e COMPANY HAMS -� rAODRESS: R 2__ A) , t �11 ,1(~ .�c CITY 1C..��v�,(1�, STATEXiPIL TEL CEtL-.. � 17, C FAX CITY OF SALEM, MASSACHUSETTS Sa , - ?j BUILDING DEPARTMENT it f 120 WASHINGTON STREET,3" FLOOR 'ISL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR TrIOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING CONMSSIONER January 14, 2014 Ibrahim Rihane 20 Curtis Road Revere Ma. 02151 Mr. Rihane, This office is again receiving complaints that you have people living in the lowers level rooms of you property located at 10 Porter Street#2. Per the Mass State Building Code, a"required inspection"is scheduled for Tuesday ,January 21s`at ten in the morning. All areas of the apartment must be available for inspection. . Failure to arrange for this inspection will result in further enforcement actiions Thom St Pierre T'. j Building Commissioner/Director of Inspectional Services CITY OF SALEM, MASSACHUSETTS a BUILDING DEPARTMENT120 WASHINGTON STREET,3m FLOOR 'LL. (978) 745-9595 FAX(978)740-9846 KIMBERLEY DRISCOLL MAYOR TrIOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMI,MSSIONER May 28, 2015 Ibrahim Rihane 20 Curtiss Road Revere Ma. 02151 Re: code compliance— 10 Porter Street Mr. Rihane, Thank You for speaking with me this morning. I appreciate the fact that you evicted the tenants that were preventing you from accessing your unit.As we discussed at the magistrates hearing,you were waiting to evict the tenants so that you could access the unit and remove the basement living space. You informed me today that you have placed new tenants into the unit. You are still required to comply with the original order from this office to remove the lower level rooms. A Building Permit will need to be secured to document this work.As we also discussed,you will need to alter your condo documents to address the change in living space.There are several land use Attorneys on the North Shore that can assist you with that effort. The next magistrate hearing is July 71h,2015 and I hope this can be cleared up by that date. If you have any questions,please contact me ,.directly. e> Sincerely, Thomas St.Pierre Commonwealth of Massachusetts County of Essex The Superior Court CML DOCKET# ESCV2011-02436 Board of Trustees of the 10 Porter Street Condominium Trust vs Ibrahim Rihane JUDGMENT This action came on before the Court,Thomas R. Murtagh, Justice, presiding, and upon consideration thereof, It Is ORDERED and ADJUDGED: JUDGMENT: 1) That the Defendant, Ibrahim Rihane, is Indebted to the Plaintiff in-the amount of-Two Hundred Seventy Six and 001100 ($276.04) Dollars. This sum Is owed for plumbing work which was done in violation ofthe terms and rules and regulations for 10 Porter Street Condominium. The Defendant is further Indebted to the Plaintiff in the sum of Five Thousand Two Hundred Fifty Five and 701100($6.258,70) for reasonable attorney's fees and Five Hundred Ten and 001100 ($6.10.00) Dollars for out of pocket expenses. 2) The Defendant Is in violation of the 10 Porter Street Condominium's governing documents by performing unauthorized work within and to the Condomhtum's common areas and facilities, and the Defendant is responsible for reimbursing the Plaintiff for all expenses Incurred by the Plaintiff in connection with the restoration of the affected.common areas and facilities to their original condition. 3)The Defendant and his agents and contractors shall be enjoined and restrained, on a permanent basis, from performing any unauthorized work within to, or affecting the Condominium's common areas and facilities. 4)The Defendant Is personally liable for the expenses incurred by the Plaintiff as a result of the Defendant's failure to comply with the Condominium's governing documents and the full amount thereof shall constitute a lien upon the Defendant's Units in the amount set forth in Paragraph 1 above. (Thomas R. Murtagh, Justice) Dated at.Lawrence, Massachusetts this 7th day of November, 2012. Thomas H. Driscoll Jr., Clerk of the Courts Approved as to Form: c By:..... .... ... . ............ ...... Assistant Clerk ice o e u rior Court Coples mailed 11/07/2012 creJoO�m.pa li�iffi 79�peUw f CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT � Cf 120 WASHINGTON STREET,31D FLOOR TEL. (978) 745-9595 KIMBERLEY DRISCOLL FAX(978)740-9846 MAYOR THOMAs STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMNIISSIONER January 14, 2014 Ibrahim Rihane 20 Curtis Road Revere Ma. 02151 Mr.Rihane, This office is again receiving complaints that you have people living in the lower5 level rooms of you property located at 10 Porter Street#2. Per the Mass State Building Code, a "required inspection"is scheduled for Tuesday,January 21"at ten in the morning. All areas of the apartment must be available for inspection. . Failure to arrange for this inspection will result in further enforcement actiions Thomas St.Pierre Building Commissioner/Director of Inspectional Services January 22/2012 Abraham Riihane 20 Curtis road Revere,MA 02151 Dear : Mr Thomas pierce I have served the tenant at 10 porter street salem ma#2 with the termination of the tenancy and two of them are willing to move out If you have any question please call me Abraham 617-869-2838 . V CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3" FLOOR � risa TEL. (978) 745-9595 F KIMBERLEY DRISCOLL FAX(978)740-9846 MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER Abraham Rihane 20 Curtiss Road Revere Ma. 02151 Re: 10 Porter Street unit#2 Dear Owner This letter is a follow up to the inspection conducted January 5`h,2012 at the above property. It was identified that five unrelated individuals were living in the apartment. This is a violation of Salem Zoning Ordinance, as well as violation of Mass General Law. Four or more unrelated individuals constitutes a rooming house. Additionally, the basement level rooms do not have the required exit windows so no basement rooms can be used for bedrooms. Please forward your plan to remediate this situation as well as the expected timetable Thomg-St.Pierre Director of Inspectional Services/Building Commissioner CITY OF SALEM, MASSAC3USEM i BUILDING DEPARTNIEN'P `st Ix 120 WASHINGTON STREET,30 FLOOR TSL.(978)745-9595 FAX{978}740-9846 KI10BERLEY DRISCOLL G MAYOR THomAs ST.PIERRE DIREGTOROF PUBLIC PROPERTY/BUILDING COMMISSIOMR January 5,2012 Abraham Rihane 20 Curtiss Road , Revere Ma. 02151 Re: 10 Porter Street Dear owner, This Department has received information that five tenants are living in unit 42 owned by you. We also have received information that the rooms in the basement are being used as bedrooms. This whole issue was addressed about a year ago during your purchase of the property. A required Inspection is scheduled for Tuesday morning the I&. All areas of the unit need to be accessible. You are also required to submit a list of your tenants. If you have any questions,please contact me directly Tho St.Pierre 6 40'�' IxID Director of Inspectional Services/Building Commissioner cc. Jason Silva, Health Dept. Fire Prevention CITY OF SALEM 15\ ita? PUBLIC PROPERTY Cox DEPARTMENT KIMBERLEY DB1SOOLL MAYOR 120 WASHINGTON STREET♦ SALEM,MASSACHUSE"ITS 01970 TEL:978-745-9595 ♦FAx:978-740-9846 Notice of Violation PROPERTY ADDRESS 10 PORTER STREET March 10, 2011 10 Porter Street Condominium Trust c/o Kass Litwin Premier Property Solutions LLC 311 Summer Street Boston, Ma 02210 RE: 10 Porter Street, Salem Dear Ms Litwin: Subsequent to my inspection of the required removal of the illegal basement unit I discovered the following code violations in the common area of the above building. These violations include: • The boiler room lacks sufficient outside "combustion" air. At least one of the existing windows in the basement must be replaced with a louver with a minimum 50% of free area or other arrangement made to provide sufficient combustion air to the boiler. • The vent from the dryer in the locker room is illegal and dangerous. It must be replaced with a rigid non-combustible exhaust duct that exits the building by the shortest route possible. • The transfer duct that connects the boiler room to the basement level of unit 2 must be removed and the walls patched to provide the 1 hour fire rating between unit and boiler room. • The door connecting the basement level of Unit 2 to the space adjacent to laundry and boiler rooms must be removed and the wall infilled to provide the I hour fire rating. These violations must be corrected within 30 days of your receipt of this notice. Failure to do so may result in further actions being brought against the Condominium Association, up to and including fines and the filing of criminal complaints at District Court. Sincerely, Thomas McGrath Assistant Building Inspector/Local Inspector cc: Liz Cerda, Ibrahim Rihane, file i .:TENANCY AT WILL ., PIMARIU) BY2a l ............................. Data:_ .. LAMUM. Bry�t� na k`e 2a tt~rri gor�1 Imo 07-IS ¢ Brrt58rrdi i tnr .arsam t TENAffT: % 7T 0 "h e- h pt7�Y C hbesltmt at - C4 N con of d X ht>O rA 14 t7 Ir- 4" H 61'td!o-A, -Nc(u." i d a gE4vf ala I W c to a �;�,.,;day oteaGh to R>n�l,�,�Boa t7+�. d n puiad a> Ban �r 1' ts++S"f �t ti Ind hnare Zi u ll -re-r-a I kZ40 Lwvdmrd rerdsto fenard:Ore ptan*m at#0 red born FemW pe*d to rental Period This Wasaw may be tatnrsnoted # a ro'Up nufm t by eEm.p ayio the aaw bafore Bo*M day of anyiewdolpedadand be efracgve on she day of e mnW period,'oroft days a w such noam has bean Mm%whkftwer to tong wwAded.however.that in the event of any breach Tend of to Lm load short be entified to purse wry and.aN remedies WwWad or necWbod by apoc"taw T7 fesaricysWbewderthe 1trYsadep =Wftm-. . I. CARE OF PR11111E5-The Too"shag to Paaht.derorada arodientse en"Ish andAerdmnge and dotl net make nor ud ahy adder or attersoomw be made to or to the p mgrs pdw wow consent d Oo Landlord.riot maim nor sulk a strip m wane;Aar mirm the haat or vi6l r to be wasted,and at irerrinatloo dhd detluer tqr tha prerrdsaa and d Map"belontgig the Lamed in good, dear and WwMft order and'aorrdttmn, ww and Ww Wxcepted. NO MOW* machine, 8 conditie ng unit, space treader;dem dryer, WiSvsion or other eartats, or other tie equipmerd shah be installed whtatd%e poi wri ten cntrsadrdOhe Landkod.PbwaWbeds eiietl to pamnb3d in tha 3 L MAWMN MC,E-Fur wwkd mares.if other than Landlord contest t p A T<, "" ciA`� 5o`' 0. Wo aroyl.,,,, h 17•• �( E 8�+ 2 1 t rock tAddres* frdaproosa4oarforad 1. CLEAMUMM-Tenant maintain the premises in a clean condition and shall not weep.throw.or depose of nor permit be sept,throtwt,or disposed of,hm said premises rar from any does,windows,balconies.porches or other parts of said bWW SAY dirt wads,rubbish,or other aftwice or arm into any otter parts aki of sb or the land adjacent#oreto,except hn PMP racepfades andexoept in accordance with the rules of the Landlord. f 6. DIPURBAWCE„ILLEGAL USE--Ne&m the Tenant nor its Isonily, friends, relatives,imlaas,ais%mni,agents or senrents shi make or wfierany radwAil,wAsy or of henrAce olsnsNa use of the promises,nor comfrdtof pm*any radsance to exist thereon,n cause damage to the promises, nor create any substantial Interference with tha rights,comfort,misty or enjopront of the Landlord c other occupants of tha same or any other apmanaK nor mdse any use whatsoever thereof then as and for eta residence. N ar olem shell be hung or ahalmn from the wtndw^doors.iwrdtas,balconies,or placed Man�exh a. j b COWAON AREAS-No reoeptedes,vahWkw baby carriages or other articles of obshx mns dog be pieced in no hails or othe ` corrimmon areas er 8. HEAT AND OTHER UTILMES-The Terem shag pay,as they b000me due,all We for ektd WW and ods uafdies,whether the are used for ftardshing hast or other proposes, that cue hrrriShad kt the WWWASS and P OSently separMslY rr re(L The Lander agrees Dist he wR fiatfth masombly hot and Cold wffisr and reaeoKA*treat(expept.tt)'#0 e>derd Out such vsder'and heat an fum d'ftmo maimed to theas stated above}diff Few haatln8 an it vvtlh the apphcabk laws, but the faffure of the Landlord to provide arty of the foregoing items to any speeft degree, guanffiy, gruNty or character due tc any aetwo beyond the ormee d?le coanbot of the t as tkmd,such as.aoddent mien by City.Stats or Federal rte,or cunni necessary repairs to the appmrshle shall not(subject ro applicable Iain herrn a basis of any clam for damages against the Landlord This section governs dW paymerift.Be,an to dears wM.Cie tandW wase paynisats wldeh wff be required of YT for IN, eperfineat. t i. KEY AND L -Landlord strat vAM a reasonable period of tace fcimoritg eecelpt of notice from Tenant of ouch condition, repair or raphes any&bc#m extedor robs.Locks shalt not be longed,armed,or replaced rmr Shalt now Wits be added by Tenam wDbwA wmw permission of LWK#otd.Any toloh so permed to be instatied ASK mono the property of Landlord and shag not be remanned by Termed.ToiaRl dW paha*gm dupaeate key to any such tluant#*Shared.replaced or naw rode to the Landlord COPYI' tinD IM. .» Ay rights reserved. This form may not be cooled. GREATER BOSTON REAL STATE leO/1Rp_ or mpm&md in whole at in part rn ay manna whatauaver without. the prior WPM Wtmn OPPCRIWM..,_ VMS"of its Greater Boston Real Estate Board, This taxa vie era""ter wA xUJmmmWr mina e-mm. e-mams is=VX= > ma w sec be wen b7 aro ocher V-> T. IMM . ..,Vey.. Page 1 of 1 Thomas McGrath From: Liz Cerda [lizcerda@ymail.com] Sent: Tuesday, March 29, 2011 9:53 AM 7. To: Thomas McGrath 0O Subject: Re: 10 Porter Street Ca Mr. McGrath, The 10 Porter Street condominium has remedied the 3 violations you had listed in your letter, and I understand the trust counsel has spoken with you in regards to the 4th. Please kindly advise if you would like to conduct a site visit to inspect those repairs and your availability for doing so. Thank you. Elizabeth Cerda, Trustee 10 Porter Street Condominium Trust From: Thomas McGrath <tmcgrath@Salem.com> To: Kass Litwin <KL@premierpropertyma.com> Cc: elrihane@yahoo.com; lizcerda@ymail.com Sent: Fri, March 11, 20119:22:57 AM Subject: 10 Porter Street Please see attached letter re: common area of 10 Porter Street Thomas McGrath Assistant Building Inspector City of Salem 978-745-9595 x5644 4/21/2011 Tito Vf 'Stt1Em' gassar4us2fts ,� �3�`�� < �uhlit �rc��,exfg �PpttrfmPnt v�s� �' a�"`? �litLlI[tt$ �P�Ic'IrfT:tPY[f Richard T. .McIntosh 1 Salem Green June 29,1981 Salem,Ma 01970 J Norman Riley 8-10 Porter St. Court Salem,Ma 01970 Dear Mr. Riley: I have made a field inspection of the property at Porter St. Court and make the following conclusions regarding a fire separation wall. The masonry wall in the basement that separates the two sections of the building is not a proper Fire Separation Wall in that it is penetrated by door openings. The property therefore is classified as a six (6) Family Dwelling Unit. Very truly yours, Richard T,McIntosh Inspector of Buildings RTM:mo' s January 12/2012 Abraham Rihane 20 curtis road Revere, MA 02151 RE : NOTICE TERMINATION RESIDENTIAL TENANCY TO :Aron peckham,Lgnd greene ,brenten wood,joanna allerhand Your rental period will end january 312012 you have thirty days from that date to vacate Kindly vacate by that time . If you fail to do so vacate,I shall employ the due course of law to evict you 2brah/'am rihane a CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMBUILGY DRISCOLI. NIA)oR 120 WASHINGTON$'IRCF_'I-+$.\LEM,MASS\CRUSE:I-IS 01970 T PL:978-745-9595 ♦FAX:978-740-9846 Notice of Violation PROPERTY ADDRESS 10 PORTER STREET Unit 2 SALEM, MA December 28, 2010 Mr. Steven Matthews RealLiving Shurrender Real Estate Co. 73 Chickering Road North Andover, Ma. 01845 Dear Mr. Matthews 1 inspected the above address with a Mr. Scott Ayers of Central Mass Contracting this morning. I understand that you and Mr. Ayers are acting as agents for the mortgage holder of the above property and that recently you requested a smoke detector certificate from the Salem Fire Department. It appears that an illegal dwelling unit has been constructed in the basement of 10 Porter street with direct access from grade and also from Unit 2 of the same building. There is no record of a permit being issued for this work and the unit is non-compliant with the requirements State Building Code(780 CMR) in regards to egress, minimum ceiling height, minimum light and ventilation and emergency egress from sleeping rooms. You are hereby directed to entirely remove this basement unit and its direct access from Unit 2. You must obtain a building permit for this work and arrange for a licensed plumber and licensed electrician to obtain permits and inspections for the removal of all plumbing and electric work currently installed in the basement within 30 days of your receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. Sincerely, Thomas McGrath Assistant Building Inspector/Local Inspector cc: file, Health Dept., Fire Prevention, Mayor's Office January 22/2012 Abraham Rihane 20 Curtis road Revere, MA 02151 Dear : Mr Thomas pierre I have served the tenan at 10 orter street alem ma#2 with the termination of the tenancy and two of them are willing to _ out If you have any question please call me Abraham 617-869-2838 �—~ J January 10/2012 Abraham Rihane 20 curtis road Revere, MA 02151 RE : NOTICE TERMINATION RESIDENTIAL TENANCY TO :Aron peckham, Lgnd greene , brenten wood,joanna allerhand .at 10 porter street salem ma , 42 Your rental period will end january 312012 you have thirty days from that date to vacate . Kindly vacate by that time . If you fail to do so vacate, I shall employ the due course of law to evict you abraham rihane E >C 3JY S4 K 1, \r y:\ :l q. . 1OWN • o�e mutt 1.Z ind S.Also conipiete q, .. `r Resulomd r m�elred. x �" --` ' ` i�nam , so met we cm,heturn the nerd to you. r .a Addreagee Atteoh ft iwd to t4 ba*of the maplece, M R66 v by l c',yemej ^, c.oats of or on tlhe fhwht p epme Pe�mlts. t 1 A WeAdd to, - 1? . 9 B>7 dNherent Rohn Yee ham, �9nd ata 3'00-inn a lie WAN 1 D. �DY -r. � a maunwd: bfl s. AYV*Number - ..:.. .... a tr°Ro) awe ,p (tp>nirrhortr. „ 7008 30 1018 PSFwm3811,Fob 3230 OQQ1 52 __... _ .__.... . 1 Y CITY OF SALEM PUBLIC PROPERTY �* DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET♦ SALEM,MASSACHusii S 01970 TEL:978-745-9595 FAx:978-740-9846 Notice of Violation PROPERTY ADDRESS 10 PORTER STREET Unit 2 SALEM, MA December 28, 2010 Mr. Steven Matthews RealLiving Shurrender Real Estate Co. 73 Chickering Road North Andover, Ma. 01845 Dear Mr. Matthews I inspected the above address with a Mr. Scott Ayers of Central Mass Contracting this morning. I understand that you and Mr. Ayers are acting as agents for the mortgage holder of the above property and that recently you requested a smoke detector certificate from the Salem Fire Department. It appears that an illegal dwelling unit has been constructed in the basement of 10 Porter street with direct access from grade and also from Unit 2 of the same building. There is no record of a permit being issued for this work and the unit is non-compliant with the requirements State Building Code (780 CMR) in regards to egress, minimum ceiling height, minimum light and ventilation and emergency egress from sleeping rooms. You are hereby directed to entirely remove this basement unit and its direct access from Unit 2. You must obtain a building permit for this work and arrange for a licensed plumber and licensed electrician to obtain permits and inspections for the removal of all plumbing and electric work currently installed in the basement within 30 days of your receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. Sincerely, Thomas McGrath Assistant Building Inspector/ Local Inspector cc: file, Health Dept., Fire Prevention, Mayor's Office CITY OF SALEM, MASSACHUSETI"S BUILDING DEPARTMENT 1.20 WASHINGTON STREET 31D FLOOR TEL.(978)745-9595 FAX(978)740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STYIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER January 14, 2014 Ibrahim Rihane 20 Curtis Road Revere Ma.02151 Mr.Rihane, This office is again receiving complaints that you have people living in the lower5 level rooms of you property located at 10 Porter Street#2. Per the Mass State Building Code,a"required inspection"is scheduled for Tuesday,January 2151 at ten in the morning. All areas of the apartment must be available for inspection. . Failure to arrange for this inspection will result in further enforcement actnons Thomas St.Pierre Building Commissioner/Director of Inspectional Services G January 22/2012 Abraham Rihane 20 Curtis road Revere,MA 02151 Dear: Mr Thomas pierre I have served the tenant at 10 porter street salem ma#2 with the termination of the tenancy and two of them are willing to move out If you have any question please call me Abraham 617-869-2838 CITY OF SALEM, MASSACHUSEM s � BUILDING DEPARTMENT 120 WASHINGTON STREET,3m FLOOR TEL. (978)745-9595 FAX(978)740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING CO1VMSSI0NER Abraham Rihane 20 Curtiss Road Revere Ma. 02151 Re: 10 Porter Street unit#2 Dear Owner This letter is a follow up to the inspection conducted January 5`h,2012 at the above property. It was identified that five unrelated individuals were living in the apartment. This is a violation of Salem Zoning Ordinance, as well as violation of Mass General Law. Four or more unrelated individuals constitutes a rooming house. Additionally, the basement level rooms do not have the required exit windows so no basement rooms can be used for bedrooms. Please forward your plan to remediate this situation as well as the expected timetable Thom---&.Pierre Director of Inspectional Services/Building Commissioner CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3" FLOOR TEL. (978)745-9595 FAX(978) 740-9846 e KIMBERLEYDRISCOLL MAYOR. THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER January 5,2012 Abraham Rihane 20 Curtiss Road, Revere Ma. 02151 Re: 10 Porter Street Dear owner, This Department has received information that five tenants are living in unit#2 owned by you. We also have received information that the rooms in the basement are being used as bedrooms. This whole issue was addressed about a year ago during your purchase of the property. A required Inspection is scheduled for Tuesday morning the W.All areas of the unit need to be accessible. You are also required to submit a list of your tenants. If you have any questions, please contact me directly Tho St.Pierrc Director of Inspectional Services/Building Commissioner cc. Jason Silva, Health Dept. Fire Prevention QTY OF SALEM PUBLIC PROPERTY DEPARTMENT KIMMRLEY DRISCOLL MAYOR 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 TEL 978-745-9595 FAx:978-740-9846 Notice of Violation PROPERTY ADDRESS 10 PORTER STREET March 10, 2011 10 Porter Street Condominium Trust c/o Kass Litwin Premier Property Solutions LLC 311 Summer Street Boston, Ma 02210 RE: 10 Porter Street, Salem Dear Ms Litwin: Subsequent to my inspection of the required removal of the illegal basement unit I discovered the following code violations in the common area of the above building. These violations include: • The boiler room lacks sufficient outside"combustion" air. At least one of the existing windows in the basement must be replaced with a louver with a minimum 50% of free area or other arrangement made to provide sufficient combustion air to the boiler. • The vent from the dryer in the locker room is illegal and dangerous. It must be replaced with a rigid non-combustible exhaust duct that exits the building by the shortest route possible. • The transfer duct that connects the boiler room to the basement level of unit 2 must be removed and the walls patched to provide the 1 hour fire rating between unit and boiler room. • The door connecting the basement level of Unit 2 to the space adjacent to laundry and boiler rooms must be removed and the wall infilled to provide the 1 hour fire rating. These violations must be corrected within 30 days of your receipt of this notice. Failure to do so may result in further actions being brought against the Condominium Association, up to and including fines and the filing of criminal complaints at District Court. Sincerely, Thomas McGrath Assistant Building Inspector/Local Inspector cc: Liz Cerda, Ibrahim Rihane, file 4��r CITY OF SALEM i• � PUBLIC PROPERTY E3 DEPARTMENT KTMBERLEYURTSCOU MAYOR 120 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970 TEL:978-745-9595 ♦FAx:978-740-9846 Notice of Violation PROPERTY ADDRESS 10 PORTER STREET Unit 2 SALEM, MA December 28, 2010 Mr. Steven Matthews RealLiving Shurrender Real Estate Co. 73 Chickering Road North Andover, Ma. 01845 Dear Mr. Matthews I inspected the above address with a Mr. Scott Ayers of Central Mass Contracting this morning. I understand that you and Mr. Ayers are acting as agents for the mortgage holder of the above property and that recently you requested a smoke detector certificate from the Salem Fire Department. It appears that an illegal dwelling unit has been constructed in the basement of 10 Porter street with direct access from grade and also from Unit 2 of the same building. There is no record of a permit being issued for this work and the unit is non-compliant with the requirements State Building Code (780 CMR) in regards to egress, minimum ceiling height, minimum light and ventilation and emergency egress from sleeping rooms. You are hereby directed to entirely remove this basement unit and its direct access from Unit 2. You must obtain a building permit for this work and arrange for a licensed plumber and licensed electrician to obtain permits and inspections for the removal of all plumbing and electric work currently installed in the basement within 30 days of your receipt of this notice. Failure to do so may result in further actions being brought against you, up to and including the filing of complaints at District Court. Sincerely, Thomas McGrath Assistant Building Inspector/Local Inspector cc: file, Health Dept., Fire Prevention, Mayor's Office ....aJtiSPOSTAGE]_pJa, Ey BOWES 9T95 65�fs#c` 1[ ftp o--- vy�� CITY OF SALEM, MASSACHUSETTS a 'g� BUILDING INSPECTOR ! ': -" ei•, 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 all t{ i UN.0 LAIMED EstNOnCE 2nd NOTICE ) 11 oil b —_-r. SENDER: COMPLETE THIS SEcriON COMPLETE THIS SECTION ON DELIVERY "w. ■ Complete items1;,2t,404,,3.Also complete A. Signature Item 4 if Restricted D4livery is desired. ❑Agent ' ■ Print your name and address on the reverse x ❑Addressees, so that we can return the card to you. g, Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the maiipiece, or on the front if space permits. D. is delivery address dilierent from item 12 13 Yes UI 1. Article Addressed to: If YES,enter delivery address below: ❑No m� V� 1 3. ServSeem Type � L ertlged Mall® ❑Priority Mai!Express' I ❑Registered ❑Retum Receipt for Merchandise ❑Insured Mali ❑Gollect on Delivery I 4. Restricted Delivery?(E#re Fee) I]Yes \ 2. Article Number . ) ('transfer from servloe label) ... . �...- . __..1 rn Recipt e CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT - J 120 WASHINGTON STREET,3" FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR TYLOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER May 28, 2015 Ibrahim Rihane 20 Curtiss Road Revere Ma. 02151 Re: code compliance— 10 Porter Street Mr. Rihane, Thank You for speaking with me this morning. I appreciate the fact that you evicted the tenants that were preventing you from accessing your unit. As we discussed at the magistrates hearing,you were waiting to evict the tenants so that you could access the unit and remove the basement living space. You informed me today that you have placed new tenants into the unit. You are still required to comply with the original order from this office to remove the lower level rooms. A Building Permit will need to be secured to document this work. As we also discussed,you will need to alter your condo documents to address the change in living space.There are several land use Attorneys on the North Shore that can assist you with that effort. The next magistrate hearing is July 7`h,2015 and I hope this can be cleared up by that date. If you have any questions,please contact me directly. Sincerely, Thomas St.Pierre AL2 OTT a o,T — 2L0 C 2920 2000 '09L2 020L G!l T1 LE M.�._M^C5�.6Hd SETTS �y ✓� BUILDING INSPECTO 120 TREET 3RD FLOOR�1 SALEM. MASSACHUSETTS 01970 I R p V ��1L..� Rim o \1 2LOT 29TO 20.dd D09? 2 OTOL ANA ` s9 � UNC` Y P� '; ANED CLo th d/ I . COMPLETE - E COMPLETE THIS SECTION N�I III IIS I'f �I THIS SECTION■ Complete Items t,2,and 3.Also complete A. Signature I item 4 if Restrtctad Delivery Is desired. ❑Agent ■ Print your name and address on the reverse x ❑Addressee I i so that we can return the card to you. B. Received by f Printed Name) C. bate of Delivery i ■ Attach this card to the back_of the maiipiece, I or on the front if space permits. I D. is delivery address diff ttem t? ❑Yes 1. Article Addressed to: ` It YES,enter delive ad ss below: ❑No Obu Z(�� I 3. Service Type •.. ! 'd 0Certified Mail C3Express Mail ❑Registered ❑Return Receipt for Merchandise ! 0 Insured Mall Ci C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2 Article Number eA1 CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3" FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STYIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER January 5,2012 Abraham Rihane 20 Curtiss Road , Revere Ma. 02151 Re: 10 Porter Street Dear owner, This Department has received information that five tenants are living in unit #2 owned by you. We also have received information that the rooms in the basement are being used as bedrooms. This whole issue was addressed about a year ago during your purchase of the property. A required Inspection is scheduled for Tuesday morning the 10`h. All areas of the unit need to be accessible. You are also required to submit a list of your tenants. If you have any questions,please contact me directly Tho t.Pierre , N' Director of Inspectional Services/Building Commissioner cc. Jason Silva, Health Dept. Fire Prevention G` fir, Al" r d