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31 SALEM STREET - BUILDING INSPECTION , SALEM STREET �i s "Titu of "$a1 m, 'fflttssarhuseffs yo G Pertriral Lbeprzrtment P" A.CITliffir (City firrtrlrian 44 Tafanette �$t. falem, Anes. 01970 Area 41aae 617 745-6300 October 28, 1994 Mr. Paul Worth. & Ms . Lorraine Simblaris 15 Roberts Road Salisbury, Massachusetts 01952 Re :- 31 & 33 Salem Street Dear Mr. Worth & Ms . Simblaris : The following electrical violations were noted at the above address : 1 : Light fixture and thermostat wiring improperly -wir.ed in the boiler room. 2 : Broken light fixtures outside and inside . 3 : Branch circuits are over fused for the capacity size of the wire. 4: Electrical panels in cellar area have covers missing , leaving ex- posed live conductors . 5: Some . of the apartments have only one branch circuit which is totally inadequate for the apartments . Please be advised , since our last conversation an electrical permit has not been filed in this office by a licensed electrician . Please have your electrician file a permit within 24 hours of this notice and all electrical repairs shall be corapletedswithin seven days . Failure to comply will result in court action . Y r s nI �a�{.P Paul M. Tuttle City Electrician cc: Mayor Neil J . Harrington David Shea , , Chief Adm. Aide Leo Tremblay, Building Inspector Joanne Scott, Health Agent Norman Lapointe , Fire Prevention (fi#u of Salem, �Itt�s�t>rhusP##� �Ca .a� �(ttertrirttt �epttrtment Pau! &TIMIr <Qiiy $lrciririan 94 'lliafane#e �$!. Salem, Mass. 01970 Area Ghee 617 M-6300 October 28 , 1994 Mr. Paul Worth. & Ms . Lorraine Simblaris 15 Roberts Road Salisbury, Massachusetts 01952 Re :- 31 & 33 Salem Street Dear Mr. Worth & Ms . Simblaris : The following electrical violations were noted at the above address : 1 : Light fixture and thermostat wiring improperly -wired in the boiler room. 2 : Broken light fixtures outside and inside. • 3 : Branch circuits are over fused for the capacity size of the wire. 4: Electrical panels in cellar area have covers missing , leaving ex- posed live conductors . 5: Some of the apartments have only one branch circuit which is totally inadequate for the apartments. Please be advised , since our last conversation an electrical permit has not been filed in this office by a licensed electrician . Please have your electrician file a permit within 24 hours of this notice and all electrical repairs shall be completed ,within seven days . Failure to comply will result in court action. Y rs�tru �J{JQcr_. Paul M. Tuttle City Electrician cc : Mayor Neil J . Harrington David Shea , , Chief Adm. Aide Leo Tremblay, Building . Inspector • Joanne Scott, Health Agent Norman Lapointe, Fire Prevention Nov 13 06 01 : 25p Gary Katz 7616390971 p. 1 FAX COVER SHEET TO: Salem Building Department Thomas St.Pierre Fax: 978-740-9846 FROM: Gary M. Katz,Esq. P.O. Box 1379,Marblehead, MA 01945 'fel: 781-639-3071 /781-576-9509 Fax: 781-639-0971 RE: 31-33 Salem Street, Salem, MA('timothy Klotz) #of Pages: Gic) PLEASE NOTE: see attached GMK 11/13/06 (i1 Ij�G r2 �hQ •� CU$ Vv, u COMM WWEALTH OF MASSACHUSETTS Essex,ss. Trial Court of the Commonwealth District Court Department Salem Division Docket No.: 0536 CR 2240 Commonwealth ) tMlli 2241 Timothy Klotz, Defendant ) � • S Fiadin8 Rulings&Order: ! This matter came before the Court for h •,^� * +"°�aa eating on lune 2,2006.After m . findings,rulings and order are entered: hag'�1H��vrng 1. The premises located at 31-33 Salem Street,Salem Massachusetts,coni of eight 8 dwelling units remain unoccupied and are both under construction and do notes Sh ( } occupancy. There aro valid construction permits o on the qualify for Salem. out ProP�y issued by the City of 2.During the pendency of this matter,the defendant has sought to convey title to the property to one George Brown,The said George Brown is now incarcerated,serving a sentence at the Essex County Correctional Facility in Middleton,Massaebusetts for an unrelated matte. 3 The property is subject to on going code enforcement insPections by the City of Salem while it is under construction,including a responsibility that the owner(s)maintain the exterior of the property in a safe and reasonably sanitary condition while under construction and repair. 4. code a property has been in a prolonged state of disrepair,construction and has had a history of associated with it. 5.Former tenants of the building have been prior relocated to other habitable premises at the expense and liability of the defendant and any successors in interest, There is currently outstanding some S15,000.00 in funds held in escrow for the benefit of the and for purposes of assremises diti isting tenants to relocate to the building if the so de once occupancy has been granted by the City of Salem. Based upon the same,the following is now ORDERED: 1.All construction,reconstruction and repair of the premises SHALL be completed and occnpancy authorization shall have been received by the title holder(s)from the City of Salem for the premises by the close of business on September 7,2006. 81 'd ILS06ESIBL zieN R-�eO Jag : 10 90 61 ncu Gary M. Katz,Esq. P.O. Box 1379,Marblehead, MA 01945 Tel: 781-639-3071 /Cell: 781-576-9509/Fax:781-639-0971 Honorable Robert A. Cometta Salem District Court 65 Washington Street Salem, MA 01970 RE: Commonwealth v. Timothy Klotz Docket No.0536 CR 2240,0536 CR 2241 Dear Justice Cornett& In connection with a hearing conducted June 2, 2006, the Court issued an Order, dated June 5, 2006,which said Order required, in part,that a certain George Brown, owner of record of a multi-family property known and numbered as 31-33 Salem Street, Salem, MA,complete repair of said property on or before the close of business on September 7, 2006. The City of Salem Building Inspector,Thomas St. Pierre, is presently unaware of the commencement of any such work. The Law Office of Gary M.Katz represents Defendant Timothy Klotz who sold the building to Mr. Brown in February 2006. Mr. Klotz is very concerned by the absence of compliance by Mr.Brown with the Court's Order as the former is a party to this action whereas Mr. Brown is not identified by the court as the owner of the building at issue. Mr. Klotz respectfully requests that he not be held liable for the inaction of Mr.Brown. The within communication is executed by the undersigned with the intent to notify Justice Corners of the lack of movement toward the stated objective in the Court Order;further,the District.Attnmev,' Off, h� been notified that this,:omrnwrication is intended by the undersigned. Many thanks in advance. Very truly yours, L Gary M. Katz Thomas St. terre August 16, 2006 August 16,2006 -------- Ll z,4 SL606E9T61. zryeN Ries 429: 10 90 ET AoW �iII��I�I�11111��IMl��11� (� 48 GENERAL POWER OF ATTORNEY 1790134E9t 25 1E 09 11 KNOW ALL MEN BY THESE PRESENTS that 1, George Brown,d.o.b. 11110/1963 of V 11 Clayton Ave., Saugus,Massachusetts,hereby appoint,mandate and empower,John McGrail, 1 Esq. of Melrose, Massachusetts to be my lawful attorney, with full power to do any or all of the following acts for me and in my name. 1. To hold, invest and manage any real and personal property in which I now or may hereafter have an interest; is 2. To transact any business involving me or any real or personal property in which I have any t� i�CI+ interest, including the receipt, recovery, collection, payment, compromise, settlement and l c� adjustment of all accounts,legacies, bequests, interests, dividends,demands, debts and obligations t� payable to me; 3.To make,endorse,accept,receive sign,seal,execute,acknowledge and deliver deeds,checks, receipts, notes, stock or bond powers, discharges, releases and any other legal instnrnents and documents; 4. To deposit on or withdraw from any banking or financial institution, brokerage firm or insurance company any money or other property I now or hereafter may have on deposit or become entitled to. 5.To have access to any safe deposit box rented by me; 6. To take possession of and order the removal and shipment of any of my property to or from any place of storage or safekeeping,and to sign and deliver any release,voucher,receipt, shipping ticket,certificate or other instrument necessary or convenient for such purposes; 7. To sell, assign, transfer, exchange, mortgage, lease, grant option for or make contracts concerning any personal or real property owned by me upon such terms and for such consideration as my attorney deems advisable, and to sign any legal documents necessary to effectuate such poses; 8.To vote in person or by proxy,with or without power of substitution,with resect to any stock or other securities I may own; 9.To transfer any real or personal property which I own to any trust established by me during my lifetime; 10_To make gifts,outright or in trust,from time to time to my spouse,if living,and to any one or more of my living issue,provided that no such gifts will be made in such amounts to any one person in any one year as will exceed the annual exclusion for federal gift tax purposes; 11.To disclaim any interest otherwise passing to me by inter vivos,testate or intestate transfer; 12. To exercise any rights that I may have to change named beneficiaries of any insurance policies and annuity policies; 13.To employ agents and attorneys for any purpose and to pay them compensation; &o'c (o Y 91 'd iLSO86918L z1e)l FjeJ dOS: IO 80 EI Acu 12571 — i l-? Department of the Treasury-Internal Revenue Service 4anm 6r6 (Y)(c) Notice of Federal Tax Lien (Rev.February 2004] Area: Serial Number For Optional use by Recording office SMJ%LL BUSINESS/SELF EMPLOYED AREA #1 Lien Unit Phone: (800) 913-6050 316656506 As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are gkhg a notice that taxes (htduding Interest and penalties) have been assessed against the following-named taxpayer. We have made a demand for payment of this liability, but It remains unpaid. Therefore, there is a Rett in favor of the United States am a9 property and rights to property belonging to this taxpayer for the arnoant of these taxes, and additional penalties, interest, and costs that may accrue. CI Iuui_11''( pp.Rlp 1I 1 Name of Taxpayers GEORGE J BROWN JR (yllVtl#I�IL'RIIIIII��IgINI� liI1�IQ 28 E7N444 R25124 Pg.281 Residence 552 LINCOLN AVE 0612N20e6 14:25:¢6 FT-.PQ IM SAUGUS, MA 01906-3850 IMPORTANT RELEASE INFORMATION: For each assessment listed be ow, f:. uniass notice of the lien is refiled by the date given In column(e), this notice shall, I on the day following such date, operate as a certificate of release as defined k in IRC 5325(8). Tax Period Date of Luc pay for Unpaid Balance Kind of Tax Ending Identifying Number Assessment Ringing of Assessment a b) c d) (e) (O 1040 12/31/2001 XXX-XX-5426 02/06/2006 03/07/2016 257454.50 k k i I i I Piaci of Filing Registry of Deeds Southern Essex County Total $ 257484.50 i Salem, MA 01970 This notice was prepared and signed at MANHATTAN, NY , on this, I { the 14th day of Septerber 2006 i 1. Signature y � � Title REVENUE OFFICER 21-04-1117 for ANN MACKEAN - (2781) 835-4230 (NOTE:Certificate of officer authorised by law to take acknowledgmant is not essential to Nre validity of Notice of Federal Tax lien Rev.Rul.71.466, 1971 -2 C.6.409) Farm 668(Y)(c) (Ray.2-20OD4) Pats I -Kept By Recording Office CAT,NO 60025X Si 'd SL606E9T8L a1L>1 Pigs d611- : 10 90 61 ^oN ESCROW AGREEMENT The SELLER Timothy Klotz and Buyer,George Brown,of real property known and numbered as 31-33 Salem Street,Salem,Massachusetts hereby agree to place the sum of seventeen thousand and five hundred(517,500.00)dollars from the proceeds of said sale in an escrow account. Said escrow is to be used to indemnify the Buyer against any claims and costs associated with existing tenants and tenant's rights at said property_ "Claims^as used herein,shall mean any rights asserted against the Buyer or property including,but not limited to,tenancy issues,right to occupy,any damages claimed that arose from the tenancy at said property and legal fats and costs incurred by the Buyer as a result of said`claims". It is agreed that upon notice of a claim by said tenant that causes the Buyer to incur,damages,costs or legal fees,the Buyer may make a claim against said escrow funds to indemnify him against said damages,costs or fees. The escrow agent shall immediately disburse the fimds sought from the escrow as soon as the consent of both parties is obtained. The Setter agrees not to unreasonably withhold his consent to the disbursement. If at the conclusion of six(6)months from the date of this agreement any funds remaining shall be disbursed to the Seller in fWl,unless there is notice of any pending claims then a reasonable portion shall be withheld by the escrow agent to indemnify the Buyer. Century 21 Hughes,319 Broadway,Lynn,Massachusetts shall act as escrow agent and shall hold said monies in a interest bearing account until the parties agree as to how to distribute said escrowed funds. Timothy Klotz Dated: February 10,2006 bl 'd iL606E9i8L zzeN Ries 48*: I0 90 61 AOW i ADDENDUM TO PURCUSE i S= AGREEtt$RT BY AND BETWEEN TZtOTAY KLOTS ("S�) . AM GEORGE BROWN, OR WOKENZE TERRREOP, ("Birrm-) DATED �- 1 0 2005 COVEUNG 32-33 SELEII S*wM. SALffit, M. L In the event of a conflict between Leans and provision of afaaeodd Porch"&Sale Agreement and the Addendum herein.the teams and pmviaiom of said Aim shall 00mftol�the Addendum herein is anacbed to said Agreement and made a put thuad 2. SELLER and BUYER haeby covenant and egtee that: (i) BUYER shall comply inAU respects with s outain ageemmt dtaed 20.2005 by and between SELLER and the(Sty of Sahm Btaldiog and HeaM Deparbmem which agteeua of stipulatm inter alia,*aft molb4bmily reaiden"tmildle&and the eight nsidenLl therein,lasted at 33-33 Saksa Street,Salem,MA mast psas inspection by the at wessid muniapal and each said unit deemed itteomp(ianoe with an applitah�le nntrt�psl and®atwtnoomfal poorloismaoccofmonicipal occupancy certificates;and (is)An forma hgai&nerds(excluding sgmmw%if any)of said building as OfUetoberr 20.2005 shall be given the right m reoccupy dx*former apartment(upon receipt of cerdfieato by BUYER)at the same menthly reat as of said dale,provided,however,that WSW I ER and we umbie to contact and locate fame teams after documented ressnnble MW004000 ofgood ' efm t then this provision shall be deemed null and void as to those f+am er tenants,if say,either m be fixed or,aRtrmtivety, unwilling to return to their former apartmeUL Executed as a sealed instrument tbia 27n day of Janua,� 2006. i ��' • TisatD p Klotz UGeorge i EI 'd IL606ESIRL zyeH Rjeo d64 : t0 90 ET naN 13Y SIGNING EUOW,Borrower accepts and agrees to the terms and covenants contained in this ty Instrum and in any rider(s)executed by Borrower and recorded with it. Wi ----- C3eorg— e BrOM [Space Below This Line For Acknowledgment] State of 11" On this Tenth day of February,2006,before me personally app George wR rete known to be the person(s) described in and who executed the foregoing instrument,and ac wiedged that y executed the same as his&erithtir free act and deed. J t ,Jr, Notary public M Co Aires: August 4,2006 AIASSACNUSEPPSSh*Favuly—FambMaeWredfie Mac UNFORM INSMUMENr F..3023 Ilei (prpt 16 of161wV4 01906a0f Slm"M Scd.d ,lac M.32605% FTIMtgMA ZT 'd SL606E918L z4e>l RJe0 dLbrl0 90 61 AOW property located in the County [Type of Recording Jurisdiction] of Essex [Name of Recording Jurisdiction] ' Meaning and intending to convey and hereby conveying the same premises conveyed to (melus) by deed recorded herewith. SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 31-33 Salem Street, Salem, Massachusetts 01970 ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall.also be covered by this Security InsWntent. All of the foregoing is referred to in this Security Instrument as the"Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage,grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against al claims and demands,subject to any encumbrances of record. THIS SELL TY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property- UNIFORM COVENANTS.Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, prepayment Charges, and Late Charges. Borrower shall pay when due the principal of,and interest on, the debt evidenced by the Note and any prepayment charges and Iate charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However,if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order;(c) certified check, bank check, treasure's check or cashier's check,provided any such check is drawn upon an institution whose deposits MASSACHUSETTS—Single Farm'ly—FaeNt MadFreddit Mae UNIFORM INSTRUMENT Porn 3022 141 (page 3 o 26 pages) 0198&2add Shaded Seladam,1 e721-324- $ PNhltstrlA II 'd ILrosE918L zlex Ries dSb210 90 Ei nnu r ( _ Sandy Bee Trust,Sandy Bee loner Trustee �J PD.Bait 1423 — ----FORM Saugus,MA 01906 F� �!®IM 'Y RIM4131 K!2=5 11 P 02.1101 2016 u;Fs ,9:99 : — File No: Lepore-2 Property Address:31-33 Salem Street,Salem,Massachusetts 01970 [Space Above This Line For Recording Bah] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20, and 21. Certain Hiles regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document,which is dated February 10,2006, together with all Riders to this document. (B)"Borrower" is George Brown. Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Sandy Bee Trust,Sandy Bee Jones Trustee. Lender is a corporation, organized and existing under the laws of Commonwealth of Massachusetts. Lender's address is P.O. Boz 1423, Saugus,Massachusetts 01906. Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated February 10, 2006. The Note states that Borrower owes Lender Two Hundred Fifteen Thousand and 001100 Dollars (U.S. $215,000.00)plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than March 1,2026. (E) "Property" means the property that is described below under the heading"Transfer of Rights in the Property." (1F)"Loan" means the debt evidenced by the Note,plus interest,any prepayment charges and late charges due under the Note,and all sums due under this Security Instrument,plus interest (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower[check box as applicable]: ❑ Adjustable Rate Rider ❑ Condominium Rider ❑Second Home Rider ❑ Balloon Rider ❑Planned Unit Development Rider ❑O Other(s)[specify] EM74MIT"A". ❑ 1-4 Family Rider ❑Biweekly Payment Rider Qtttl<tdd 'Sol Gat..a,�oL� Grw�rt Afen-s� �� MASSAMUSMS-4ftle Family— aaeie NadFYrddk Mae UNIFORM INSrRUMENT FLrn 3021 1101 rpegr r of r6 Pogrsl of"6da8F Bbedard sdaaan.Foe.781-UCOM Fl W04A 01 'd IL606E918L z,4eg Ries d;bt10 90 Ei AoN � llllfl�l�1,!� �II �� Dtxd m.turwr u,a:a a® 4 Timrhy M.Warr,oP9 Warjan Phu,Lynn,M=aehmeth01903 in MEWUM ofFORTHundeed SiatyTwo Thousand and 007100 Dollars($442-000.00)gnautlo Gtefle Brown, of with QUITCLAIM COVENANTS The land with The buildings thereon sttueted In SRleen,ERROR County,Comaonwean of MRwebussth,bounded Rud described as funniest WESTERLY: try Salem street,So fat and 9 lncheq S011TICERLY; by a private way leading from Salem Street to Park Street.48 fes and 9Inches; EASTERLY: by hen,fornwrly of Mary DRitoa,now or late of Lubma,49 feel and 9 inches;Rod NORTHERLY: by fund formerly of ShIrfey,new or late of Bombard. Together with an rights,title Rod interest in Red to the tat of said pdvste way. This property hos an address of 31-3 Salem Sweet.Salim,Esau County,Massachusetts For Granters Mtte see deed dated Dacemher 31,1996 and recorded in IM EwR South Comfy Registry of Deeds at Book 139M page 341. C Cu sa a uua akd- mvn thu Tret0 dtY at Febrry.=006. J T h COMMONWEALTH of MASSACHUSETTS rr: h fA this Tenthdq of February,2006,before nv:petemaey TlmatY oto to ne lmormmbe the pettoo;s) described 2-u and who exteutad the 1IRT90iag um cacva rod IedB t hdsbeldxy execwed the amt a hisAsr/Lheie If Ties act end deed 'h Lepore, Naury Pub' ujNVO QZtuW'16= Oe.t'- Sptvun A Qk.wk'" v�f1 ersRuoss snw,a ser.rw txr.set.rrw.ew Dead 6 'd SL606E9I6L zryeH RJeo d;; : TO 90 ES IoW (vi) None of the formcr tenants as of November 6,2006 have presented Mr. Klotz Mtb a formal grievance of any type. WHEREFORE,Defendant Timothy Klotz respectfully requests that the Court amend the June 5,2006 Order to stipulate that use of the escrow funds be restricted to the following: (i)rental assistance to displaced tenants as described in said Order and(ii)terms of aforesaid Escrow Agreement Respectfully submitted, Defendant,Timothy Klotz, By his attomey, E� Gary M. Katz,P.O.Box 1379,Marblehead, MA 01945 781-639-3071 ABO#600637 November 6, 2006 8 'd S[.606E9t9L zieN r-ae dEb io 90 ES naW TRIAL COURT OF MASSACHUSETTS DISTRICT COURT DEPARTMENT Essex,ss Salem District Court Docket No. 0536 CR 2240, 2241 COMMONWEAL TH OF MASSA CHOSETTS, PLAINTIFF V. I TIMOTHY KLOTZ. DEFENDANT MOTION TO AMEND COURT ORDER (Mass.R.Crim.P.13(a)) Defendant, Timothy Klotz,requests this Honorable Court amend its order dated June 5,2006 as said Order relates to a certain escrow fund. As reasons therefore,please note the following: (i) Mr.Klotz and Mr.Brown executed on February 10,2006 an Escrow Agreement(gee Exhibit 1) to cover the amount of$17,500.00 which sum was designated to indemnify Mr. Brown against any claims that may arise during the following six months from previous tenants of 31-33 Salem Street, Salem,MA; (ii) The Escrow Agreement was intended to minimize financial harm, if any,to Mr. Brown, from former tenants, as a result of his purchase of a property in"AS-IS"condition and subject to a condemnation order; (iii) Further, Mr. Brown agreed in writing(see Exhibit 2)to comply with said condemnation order and to allow return of former tenants at their former rents; (iv) The Court,in its order dated June 5,2006,mistakenly determined that said escrow fund was to be devoted to repair of the subject building by Mr.Brown;thus, in essence,a credit to the contract sale price by the seller, Mr. Klotz; (v) The Court's Order,in its present form,will alter not only the intent of Mr. Klotz and Mr.Brown to consummate a transaction at a contracted price but also a contractual indemnification between the parties for the benefit of former tenants;and L 'd ILBOB69T8L zgex Rjeo d6itlO 9D ET AQW (v) As of September 8,2006, the date of the most recent Court hearing on this matter,Mr.Brown had not commenced any renovation or repair work at the subject property and he was clearly in violation of Justice Cornetta's order dated June 5,2006(see Exhibit 4);and (vi) Mr. Klotz is suffering ongoing prosecution as a result of Mr. Brown's willful disregard of the Court's Order dated June 5,2006 whereby the Court stipulated that Certificates of Occupancy were to issue for the property's apartments on or before September 7,2006. Respectfully submitted, Defendant, Timothy Klotz, By his attorney, Cc, �,� Gary M.Katz, P.O.Box 1379,Marblehead,MA 01945 781-639-3071 BBO# 600637 November 6,2006 9 'd IL606E918L zge>l Ries Ja* : IO 90 el A0W TRIAL. COURT OF MASSACHUSETTS DISTRICT COURT DEPARTMENT Essex, ss Salem District Court Docket No. 0536 CR 2240,2241 COMMONWF_ALTHOFMASSACHUSETTS, PLAINTIFF V_ TIMOTHYKLOTZ DEFENDANT MOTION TO DISMISS (Mass.R.Crim.P.13(c)) Defendant,Timothy Klotz,requests this Honorable Court dismiss the within Complaints against him. As reasons therefore,please note the following: (i) Mr. Klotz sold the property(31-33 Salem Street, Salem, MA)which is the focus of this litigation to a George Brown(aWa George J. Brown, Jr.)on February 10, 2006(see Exhibit 1); (ii) Mr. Brown represented, in writing,to W. Klotz that he, George Brown,would comply with a certain October 20, 2005 agreement between Mr. Klotz and the City of Salem(see Exhibit 2) whereby tenants,displaced from aforesaid property,would be allowed to return to the renovated multi-family dwelling at the rent then in effect on October 20,2005; (iii) Mr. Brown,not Mr.Klotz,has had possession and ownership of the subject property since February 10,2006; (iv) By letter dated August 16,2006(see Exhibit 3),Defendant together with the City of Salem Building Department notified Justice Cometta that Mr. Brown had not begun any renovation or repair activity at the 31-33 Salem Street property; S 'd ILSOBESIBL zge>1 Ries dtb : 10 90 61 AoW TRIAL COURT OF MASSACHUSETTS DISTRICT COURT DEPARTMENT Essex, ss Salem District Court Docket No. 0536 CR 2240, 2241 COAtMONWEALTHOFMASSACHUSETTS, PLAMTIFF V. TIMOTHY Kf,OTZ, DEFENDANT MOTION FOR BILL OF PARTICULARS (Mass.R.Crim.P.13(b)) Defendant, Timothy Klotz,requests this Honorable Court order Plaintiff herein to file a statement of such particulars as necessary in order to more fully apprise Defendant and the Court of the nature of the charges against him. Defendant Klotz requests that the charges against him be"fully and plainly, substantially and formally,described to him."(Reporter's Notes-Revised 2004,Rules of Criminal Procedure,Massachusetts Rules of Court). Respectfully submitted, Defendant, Timothy Klotz, By his attorney, Gary M. Katz,P.O. Box 1379,Marblehead, MA 01945 781-639-3071 BBO# 600637 November 6.2006 b 'd iLGOGE918L zaex Rjes dTb : tO 90 61 ncu TRIAL COURT OF MASSACHUSETTS DISTRICT COURT DEPARTMENT Essex, ss Salem District Court Docket No. 0536 CR 2240, 2241 COMMONWEALTHOFMASSACKIISETf,S, PLAINTIFF v. TIMOTHYKLOTZ, DEFENDANT MOTION FOR SANCTIONS AGAINST GEORGE BROWN (Mass.R.Crim.P.13(a)) Defendant, Timothy Klotz,requests this Honorable Court assess sanctions against George Brown, also known as George J.Brown,Jr.,present owner of 31-33 Salem Street, Salem,MA for non-compliance with Court Order dated June 5,2006 which required,inter alio,that Mr. Brown obtain Certificates of Occupancy for each of the apartments on or before September 7, 2006. As reasons therefore, please note the following: (i) As of September 8, 2006,the date of the most recent hearing on this matter, no renovation or repair work had been started by Mr.Brown on said property; (ii) Though Mr. Brown has been incarcerated for several months,he did grant power of attorney on May 12, 2006 to a John McGrail, Esq.,Melrose,MA(see Exhibit 1); and (iii) A Federal Tax Lien in the amount of$257,484.50(see Exhibit 2)against Mr. Brown together with the existing first mortgage,in the amount of$215,000.00, secured by said property exceed the$462,000.00 purchase price of the property;thus,Mr. Brown has no incentive to comply with Judge Cometta's Order which contemplated a lien and subsequent taking by the City of Salem in the event of noncompliance by Mr. Brown. Respectfully submitted, Defendant, Timothy Klotz, By his attorney, G c( (- Gary M. Katz,P.O. Box 1379,Marblehead,MA 01945 781-639-3071 BBO 9 600637 6 -J IL606E918L z-4e)j R.Jes dIb: TO 9D 61 nou TRIAL COURT OF MASSACHUSETTS DISTRICT COURT DEPARTMENT Essex,ss Salem District Court Docket No. 0536 CR 2240, 2241 COMMONWEALTH OF MASSACHUSF,TTS PLAINTIFF V. TIMOTHYKLOTZ DEFENDANT MOTION TO ADD DEFENDANT (Mass.R.Crim.P.13(a)) Defendant,Timothy Klotz, requests this Honorable Court add a certain George Brown, also known as George J. Brown,Jr., as a Defendant in this matter. As reasons therefore,please note the following: (i) Defendant Timothy Klotz sold the property known and numbered as 31-33 Salem Street, Salem, Mil by Quitclaim Deed(see Exhibit 1)to George Brown or. FebrTary 10,2006; (ii) Mr. Brown gave a purchase money mortgage(see Exhibit 2)in original principal amount of$215,000.00 to a nominee realty trust called Sandy Bee Trust; and (iii) The purchase and sale agreement covering the subject Salem Street property included an addendum(see Exhibit 3),the terms of which obligate Mr. Brown, post closing,to comply with a certain October 20,2005 agreement(see Exhibit 4)between Mr. Klotz and the City of Salem. Respectfully submitted, Defendant, Timothy Klotz, By his attorney, �� L-- Gary M. Katz,P.O. Box 1379,Marblehead, MA 01945 781-639-3071 BBO#600637 November 6,2006 Z 'd ILSO66918L zze)l ales dTb: To 90 81 ^oN FAX COVER SHEET TO: Salem Building Department Thomas St.Pierre Fax: 978-740-9846 FROM: Gary M. Katz,Esq. P.O. Box 1379,Marblehead,MA 01945 Tel: 781-639-3071 /781-576-9509 Fax: 781-639-0971 RE: 31-33 Salem Street, Salem,MA(Timothy Klotz) #of Pages: G I PLEASE NOTE: see attached GMK 11/13/06 p%a'e pR ( use � ✓�^ � \vl t 'd IL6066918L zge)l Ries dI4: I0 90 ET ^0w Nov 13 06 01 :28p Gary Katz 7816390971 p. 9 n�urwr�i�w��wr Deed aa:w t4[p N tri I,Tfmotby M.Kj Rw Rf9 Ws.tlW Pit—Lym,3damaebmeus01903 In u idimasvn RCF'usv Nasdred Sixty-Two Thaostad aid 00/100 DWan 45462p") wCeargoBrown. of nethQUITCLAIM COVE-NANTS The land with the buddleW thereon wk-led in Salead.Essex Conmty. Onsaw nwNth of Maswebumits,bounded and dact1b.4 an blloww: WE37ERLY: by Salem Street,30 feet sod 9Incises! sou-MMY: by a private way leading In,"Salem Slfnr in Parts Street,43 feet and 9 incite; EASTERLY: by land IM1110 Vy of M1ry Dullo now w We of Lubma,99 feet and 9 When;Rod NORTHERLY+ by tend rmn ly ofSbbiey,now or late of Boaebard. TRgetber drilb W rtgb%title wad Internet nn and to 01 fee of wild Pdvste way. This property ties an address of 31-33 Salem Sven,Salem Etas CRnpty,3lammfmmbs FOR,Gramore title ser dead dated Detention 31.19%and rnene6ed In the Esre:South County Regktry of Deeds at Book[3914.page 341. Sr Psopsted adv sealed' nt tier TRMh tlay of Fenrunity,2006. f= h COMMONWEALTH ofMASSACHUSEM •++� On this Tenth day ofYebroaty,20w,befcte OR penewedlya Timm h,to rro Awown so be Ne pemm(+) dnathed in and who R,a fid the foregoing inettam Red iedg s Iw/ahfOR O executed die some as bislhec'dteit rMit See set and doed. r a Lepore. Notary Pnb1�e M ht Cornmlm:Rn Expirts: (1C.! '��.�(�7 u� i NVO :r tlR.ie•+„PM uzVj1 Deed O�m6lnnidl,WM 54aIW�Ix.'AIJIFY.vIa Nov 13 06 01 : 27p Gary Katz 7816390971 p. 8 (vi) None of the former tenants as of November 6, 2006 have presented Mr. Klotz with a formal grievance of any type. W'HERIEFORF,Defendant Timothy Klotz respectfully requests that the Court amend the lune 5,2006 Order to stipulate that use of the escrow funds be restricted to the following: (i)rental assistance to displaced tenants as described in said Order and(ii)terms of aforesaid Escrow Agreement. Respectfully submitted, Defendant, Timothy Klotz 77�-- Gary M. Katz, Y.O. Box 1379,Marblehead, MA 01945 781-639-3071 BBO N 600637 November 6,2006 Nov 13 06 01 :27p Gary Katz 7816390971 p. 7 TRIAL COURT OF MASSACHUSETTS DISTRICT COURT DEPARTMENT Essex, ss Salem District Court Docket No. 0536 CR 2240, 2241 COMMONWEALTH OF MASSACHUSETTS, PLAINTIFF V. TIMOTHY KLOTZ, DEFENDANT MOTION TO AMEND COURT ORDER (Mass.R.Crirn.P.13(a)) Defendant,Timothy Klotz,requests this Honorable Court amend its order dated June 5,2006 as said Order relates to a certain escrow fund. As reasons therefore,please note the following: (i) Mr. Klotz and Mr. Brown executed on February 10, 2006 an Escrow Agreement(see Exhibit 1) to cover the amount of$17,500.00 which sum was designated to indemnify Mr. Brown against any claims that may arise during the following six months from previous tenants of 31-33 Salem Street,Salem,MA; (ii) The Escrow Agreement was intended to minimize financial harm, if any,to Mr. Brown, from former tenants,as a result of his purchase of a property in`AS-IS"condition and subject to a condemnation order; (iii) Further, My Brown agreed in writing(see Exhibit 2)to comply with said condemnation order and to allow return of former tenants at their former rents; (iv) The Court,in its order dated June 5,2006,mistakenly determined that said escrow fund was to be devoted to repair of the subject building by Mr.Brown;thus, in essence,a credit to the contract sale price by the seller,Mr. Klotz; (v) The Court's Order,in its present form,will alter not only the intent of Mr. Klotz and Mr.Brown to consummate a transaction at a contracted price but also a contractual indemnification between the parties for the benefit of former tenants;and Nov 13 06 01 : 26p Gary Katz 7816390971 p. 6 (v) As of September 8,2006,the date of the most recent Court hearing on this matter,Mr. Brown had not commenced any renovation or repair work at the subject property and he was clearly in violation of Justice Cometta's order dated June 5,2006(see Exhibit 4); and (vi) Mr. Klotz is suffering ongoing prosecution as a result of Mr. Brown's willful disregard of the Court's Order dated June 5, 2006 whereby the Court stipulated that Certificates of Occupancy were to issue for the property's apartments on or before September 7,2006. Respectfully submitted, Defendant,Timothy Klotz, By his attorney, c c- Gary M. Katz,P.O. Box 1379,Marblehead, MA 01945 781-639-3071 BBO 4 600637 November 6,2006 Nov 13 06 01 :25p Gary Katz 7816390971 p. 5 TRIAL COURT OF MASSACHUSETTS DISTRICT COURT DEPARTMENT Essex, ss Salem District Court Docket No. 0536 CR 2240, 2241 COMMONWEALTH OFMASSACHUSEM PLAINTIFF V. TIMOTHY KLOTZ DEFENDANT MOTION TO DISMISS (Mass.R.Crim.P.13(c)) Defendant,Timothy Klotz, requests this Honorable Court dismiss the within Complaints against him. As reasons therefore, please note the following: (i) Mr. Klotz sold the property (31-33 Salem Street, Salem,MA)which is the focus of this litigation to a George Brown(Wa George J. Brown, Jr.)on February 10, 2006(see Exhibit 1); (ii) Mr.Brown represented, in writing,to Mr. Klotz that he, George Brown,would comply with a certain October 20,2005 agreement between Mr. Klotz and the City of Salem(see Exhibit 2) whereby tenants, displaced from aforesaid property,would be allowed to return to the renovated multi-family dwelling at the rent then in effect on October 20,2005; (iii) Mr. Brown,not Mr.Klotz,has had possession and ownership of the subject property since February 10, 2006; (iv) By letter dated August 16,2006(see Exhibit 3), Defendant together with the City of Salem Building Department notified Justice Cornetta that Mr. Brown had not begun any renovation or repair activity at the 31-33 Salem Street property; Nov 13 06 01 : 25p Gar9 Katz 7816390971 p. 4 TRIAL COURT OF MASSACHUSETTS DISTRICT COURT DEPARTMENT Essex, ss Salem District Court Docket No.0536 CR 2240,2241 COMMONWEALTH OF MASSACHUSETTS, PLAIAOFF V. TIMOTHY KLOTZ, DEFENDANT MOTION FOR BILL OF PARTICULARS (Mass.R.Crim.P.13(b)) Defendant, Timothy Klotz, requests this Honorable Court order Plaintiff herein to file a statement of such particulars as necessary in order to more fully apprise Defendant and the Court of the nature of the charges against him. Defendant Klotz requests that the charges against him be"fully and plainly, substantially and formally,described to him."(Reporter's Notes-Revised 2004, Rules of Criminal Procedure,Massachusetts Rules of Court). Respectfully submitted, Defendant,Timothy Klotz, By his attorney, Gary M. Katz,P.O. Box 1379,Marblehead,MA 01945 781-639-3071 BBO# 600637 November 6,2006 Nov 13 06 01 : 25p . _ Gary_ Katz 7816390971 p. 3 TRIAL COURT OF MASSACHUSETTS DISTRICT COURT DEPARTMENT Essex,ss Salem District Court Docket No. 0536 CR 2240,2241 COMMONWEALTH OF MASSACHUSETTS, PLAINTIFF V. TCNOTHYKLOTZ, DEFENDANT MOTION FOR SANCTIONS AGAINST GEORGE BROWN (Mass.R.Crim.P.13(a)) Defendant, Timothy Klotz, requests this Honorable Court assess sanctions against George Brown,also known as George J. Brown,Jr.,present owner of 31-33 Salem Street, Salem, MA for non-compliance with Court Order dated June 5,2006 which required, inter alfa,that Mr. Brown obtain Certificates of Occupancy for each of the apartments on or before September 7,2006. As reasons therefore,please note the following: (i) As of September 8,2006,the date of the most recent hearing on this matter,no renovation or repair work had been started by Mr. Brown on said property; (ii) 'though Mr. Brown has been incarcerated for several months,he did grant power of attorney on May 12,2006 to a John McGrail, Esq.,Melrose,MA(see Exhibit 1);and (iii) A Federal Tax Lien in the amount of$257,484.50(see Exhibit 2)against Mr.Brown together with the existing first mortgage,in the amount of$215,000.00, secured by said property exceed the $462,000.00 purchase price of the property;thus, Mr. Brown has no incentive to comply with Judge Cometta's Order which contemplated a lien and subsequent taking by the City of Salem in the event of noncompliance by Mr. Brown. Respectfully submitted, Defendant, Timothy Klotz; By his attorney, G (-( (k Gary M.Katz, P.O. Box 1379,Marblehead, MA 01945 781-639-3071 BBO 4 600637 Nov 13 06 01 :25p Gary Katz 7816390971 p. 2 TRIAL COURT OF MASSACHUSETTS DISTRICT COURT DEPARTMENT Essex, ss Salem District Court Docket No. 0536 CR 2240, 2241 COMMONWEALTH OF MASSACHUSETTS PLAINTIFF V, TIMOTHY KLO7-Z DEFENDANT MOTION TO ADD DEFENDANT (Mass.R.Crim.P.13(a)) Defendant,Timothy Klotz,requests this Honorable Court add a certain George Brown,also known as George J. Brown,Jr.,as a Defendant in this matter. As reasons therefore,please note the following: (i) Defendant Timothy Klotz sold the property known and numbered as 31-33 Salem Street,Salem, M,A by Quitclaim Deed (see Exhibit 1)to George Brown on.February 10,2006; (ii) Mr. Brown gave a purchase money mortgage(see Exhibit 2)in original principal amount of$215.000.00 to a nominee realty trust called Sandy Bee Trust; and (iii) The purchase and sale agreement covering the subject Salem Street property included an addendum(see Exhibit 3),the terms of which obligate Mr. Brown,post closing,to comply with a certain October 20, 2005 agreement(see Exhibit 4)between Mr.Klotz and the City of Salem. Respectfully submitted, Defendant,Timothy Klotz, By his attorney, C u Gary M. Katz,Y.O. Box 1379,Marblehead, MA 01945 791-639-3071 BBO 4 600637 November 6,2006 CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745.9595 EXT. 380 MAYOR FAX: 978-740-9846 FACSIMILE TRANSMITTAL SHEET TO: �QuR/e fo- �v1G1q FROM: u ks�a✓ /� COMPANY: W y 0.1 - DATE: Ile, /06 FAX NUMBER: C97� 13J-1012- PHONE 3/-/0/2PHONE NUMBER: TOTAL NUMBER OF PAGES: RE: Z 3/- 3 3 SA-L-,-* ST. SUBJECT: yyJJ /JAShC hZ�J� (�/22e ✓{ �S �f r/G COMMENTS F PLICATION Ii ADULT NUMBER Trial Court of Massachusetts IiAwCOMPLAINT ❑ JUVENILE District Court DepartmentEST HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION ithin named complainant requests that a complaint issue against the within defendant, charging said defendant with the offense(s)listed below. Salem District Court F APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 65 Washington Street 10/2/97 7/23/97 31-33 Salem Street Salem, MA. 01970 NAME OF COMPLAINANT City of Salem Building Department NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT Maintenance Violation One Salem Green State of Massachusetts Salem, Mass. 01970 Building Code 780 CHR 2. Chapter 1, Article 103.1 NAME,ADDRESS AND ZIP CODE OF DEFENDANT Maintenance Tim Rlot4.s P.O. Boa 1341 3 Marblehead, Mass, 01945 4. MUSEaring upon this complaint application D 7 OF AR TIME FHEARINGCOURT USE be held at the above court address on I��TJ AT e , , F—ONLY CASE PARTICULARS — BE SPECIFIC ICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTYTYPE OF CONTROLLED perty, Goods stolen,what - Over or under SUBSTANCE OR WEAPON ted,etc. destroyed,etc. $250. Marijuana,gun,etc. 1 2 3 4 OTHER REMARKS: The defendant is neglecting g ng repairs to structure in violation of Massachusetts State Building Cde, Chapter 1 of 780 CMR, 103.0 Maintenance. C SIGNATURE OF COMPLAINANT =FLACE ENTIFICATION INFORMATION — Complete data below if known. SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OOL MOTHER'S NAME(MAIDEN) FATHER'S NAME COURT USE ONLY DATE DISPOSITION AUTHORIZED BY NO PROCESS TO ISSUE ❑ At request of complainant ❑ Complainant failed to prosecute ❑ Insufficient evidence having been presented PROCESS TO ISSUE TYPE OF PROCESS ❑ Sufficient evidence presented ❑ Warrant ❑ Defendant failed to appear ❑ Summons returnable 0 0 APPLICATION ii ADULT NUMBER Trial Court of Massachusetts , FOR COMPLAINT ❑ JUVENILE District Court Department ❑ ARREST LX HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within named defendant, charging said defendant with the offense(s) listed below. Salem District Court DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 65 Washington Street 10/2/97 7/23/97 31-33 Salem Street Salem, MA. 01970 NAME OF COMPLAINANT City Of Salem Building Department NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT Maintenance Violation One Salem Green t. State of Massachusetts Mass.Salem, Mas01970 Building Code 780 CMR Salem -- ss. 01 70_ 2 Chapter 1, Article 103.1 NAME,ADDRESS AND ZIP CODE OF DEFENDANT Maintenance Tim Klotis P.O. Bos 1341 3. Marblehead, Mass. 01945 . 4. COURT USE -4—A hearing upon this complaint applicationDATEOFHEARING TIME OF HEARING COURT USE ONLY—i will be held at the above court address on AT ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 1 2 3 4 OTHER REMARKS: The defendant is neglecting repairs to structure in violation of Massachusetts State Building Code, Chapter 1 of 780 CHR, 103.0 Maintenance. X SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACEOF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME COURT USE ONLY DATE DISPOSITION AUTHORIZED BY NO PROCESS TO ISSUE ❑ At request of complainant ❑ Complainant failed to prosecute ❑ Insufficient evidence having been presented PROCESS TO ISSUE TYPE OF PROCESS ❑ Sufficient evidence presented ❑ Warrant ❑ Defendant failed to appear ❑ Summons returnable o I o rvn cVMPLAI ❑ JUVENILE " "' ��" �' '•'a��n�rruse�>cs District Court Department ARREST HEARING ❑ SUMMONS. ❑ WARRANT COURT DIVISION The within named complainant requests that a com ainst the within named defendant, charging said defendant with fense(s)I' DATE OF APPLICATION DATE OF OFFENSECE OF OFFENSE - of tlfw 8/6/96 5/96 31-33 Salem Street 82h1ml1111111111116dtw* i E OF COMPLAINANT City Of Salem Buildi Department NO, OFFENSE G.L. Ch. and Sec DRESS ANp ZIP CO'e OF COMPLAIN NT U8@ B 8 @ e Salem (ween Building Code ec on i. 106.1 Salem, Mass. 01910 104.2 2. NAME,GDOAESSAaNDeM CODE OF Daltty Trust 177511 Roberts Road 1[e 1 T 3 1+ Salisbur}IN Hass, 01952 a. / COURT USE A hearing upon this complaint applic n D T OF Epel G rl EP E RING /� COURT E ONLY—i, will be held at the above court address ([J AT t . �t a� COURT CASE PARTICULAR BE SP CIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY \VAL ROPERTY NO. Owner of property, Goods stolen,what TYPE OF CONTROLLED Ove Person assaulted,etc. destroyetl,etc. \�r S250.or orun SUBSTANCE OR WEAP Marijuana,gu 2 3 OTHER REMARKS: Failure to Comply to Building Departments requests. X OF DEFENDANT IDENTIFICATION INFORMATION — Complete data belowEif known.COMPLAINANT DATE OF BIRTH PLACEOFBIRTH SOCIALSECURITV NUMBER SEX RACE HEIGHT WEIGHT EVES HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME MAIDEN ( 1 FATHER'S NAME O O 9 0 s Z D • ch ch1 O O U DC-CR2(3/88) NI"rL1l.NI IVIV Lf NVVLI Inas VWwfI yr rvruooUunuoww i; FOR COMPLAINT ❑ JUVENILE ! District Court De artment _ ARREST HEARING _ SUMMONS 'WARRANT 1 COURT DIVISION The within named com Dlainant requests that a conlq')aini idsue against the within obarm cow named defendant, charging said defendant with the oifensels) listed below. as 8111111111111111 DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 811111111111111111, Mk 41M 8/6/96 5/96 31-33 Salem Street NAME OF COMPLAINANT City of Salem Building Department NO. OFFENSE G.L. Ch. and ADDR SS A IP COD OF COMPLAINANT liMaisaC nae�S SUB - ect on t�ue a�em reen Building Code 104.1 104.2 Salem, Mass. 01970 2. NAMIE3ta RESSff ZZIIP CODE Of DBEpty A�rlltBt . 331511 RobertsSSBallRoadlLe 1 1 3 Salisbury* Nass. 01952 d. 10 COURT USE A hearing upon this complaint appic 'on -D T of E G np�EpF yE RI/NIG COURT ONLY will be held at the above court address o AT 041 . c!1 t—OWL CASE PARTICULAR BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VAL ROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen. what Over or un SUBSTANCE OR WEAP person assaulted.etc. destroyea. etc. $250. Marijuana.gun 1 2 3 4 OTHER REMARKS: Failure to comply to Building Departments requests. x S,GNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATEOFBIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT VIEIGHT EYES HAIR OCCUPATION EMPLOY ER/SCHOOL MOTHER'S NAME IMAIDENI FATHER'S NAME DGCR2(3/88) I ruH cUMRLAINT n n lVCC It ` I I Trial Courtof Massachusetts ARREST _ HEARING '--'—T District Court Department SUMMONS _ 'WARRANT COURT DIVISION The within named complainant requests that a complaint issue against I named defendant. Charging said defendant with the offense(s) listed below,the withinSoon 01dad CWj" DATE OF APPLICATION DATE OF OFFENSE I PLACE OF OFFENSE aswadlikmirwa Soria 8/6/96 12/94 125 Ocean Avenue sdall U&ortwo NAME OF COMPLAINANT I City Of S41em Building Department NO. OFFENSE G.L. Ch. anc ADDRESS AND ZIP CODE OF COMPLAINANT One Salem Gill Massachusetts State Section Salem, :Saes. 01970 Building Code 128.1 NAME,ADDRESS AND IIP CODE OF DEFENDANT 2 Lilian 6 Enrico Tassinari F.O. Boa 308 3, i` Salem, Masa. 01970 a. COURT USE I A hearing upon this complaint applicatijon D rEOF Nc AT iM��E C Nc� COURT U. ONLY—� will be held at the above Court address'gn V CASE PARTICULARS — B --- SPECIFIC 4—ON NAME OF VICTIM DESCRIPTION OF PROPERTY NO. Ownerproperty, Goods stolen, what �� VALUE 09 PROPERTY person assaulted,etc. Ove TYPE OF CONTROL aeslroyed.etci2S0.. r a under SUBSTANCE OR �-� I 1 Mariu un, eic.lC. 2 3 OTHER REMARKS: Failure to comply to previous court ruling, DEFENDANT IDENTIFICATION INFORMATION — Complete data SIGNATURE OF knownCOMPLAINANT DATE OF BIRTH PEFEOFDA SOCIAL SECURITY NUMBER SEX RACE HEIGHT EYES HAIR WEIGHT OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME I MAIDEN) FATHER'SNAME • DC-CR2(3/88) APPLICATION ❑" ADULT NUMBEH Trial Court of Massachusetts FOR COMPLAINT [IEN JUVILE District Court Department �. ARREST �_' HEARING _ SUMMONS __ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within named defendant. Charging said defendant with the offense(sj listed below. as W RSt t DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 8alyt11111111, Mill 011111178 8/6/96 12/94 125 Ocean Avenue NAME OF COMPLAINANT City of Salem Building Department NO. OFFENSE G.L. Ch. andf ADDRESS AND ZIP CODE OF COMPLAINANT Massachusetts State Section One Salem Geeen Building Code 128.1 Salem, Mass. 01970 I 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT Lilian 6 Enrico Tassinari P.O. Boa 308 3. i Salem, Mass. 01970 i 4. COURT USE I A hearing upon this complaint application D TE OF P..ING T14Eo6HEARING COURT UE ONLY—� will be held at the above court address'nn i) AT L)> >� �� ' r SON ' CASE PARTICULARS/-L Bt SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROL NO. Owner of property, Goods stolen.what Over or under SUBSTANCE OR APON person assa ulted,etc. destroyed.etc. - S250. Manju un, etc. 1 2 3 4 OTHER REMARKS: Failure to comply to previous court ruling. % SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATEOFBIRTH PLACE OF BIRTH SOCIAL SECURITY N UM BER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYERISCHO0 L MOTHER'S NAME IMAIDENI FATHER'S NAME DC-CR2(3188) APPLICATION 1i ADULT NUMBER Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE El ARREST District Court Department ° C$ HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION uests named The thin named defend defendant,Charging said dlainant efendant with the ppoffenlnt issue se(s) listed gainst below.the within Salem District Court DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 65 Washington Street 10/2/97 7/23/97 31-33 Salem Street Salem, MA. 01970 NAME OF COMPLAINANT City of Salem Building Department NO. OFFENSE G.L. Ch, and Set ADDRESS AND ZIP CODE OF COMPLAINANT One Salem Green Maintenance Violation t State of Massachusetts Salem, Mass. 01970 Building Code 780 Cl NAME,ADDRESS AND 21P CODE OF DEFENDANT 2. Chapter 1, Article 103.1Maintenance Tim Iz].otis P.O. Boa 1341 3. Marblehead, Mass, 01945 4. COURT USE A hearing upon this complaint application DATE OF HEARING TIME OF HEARING ONLY—0 will be held at the above court address on COURT USE AT ONLY CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY NO. Owner of property, Goods stolen,what - TYPE OF CONTROLLED person assaulted,etc. Over or under dSUBSTANCE OR WEAPON destroyed,etc. $250. Marijuana,gun,etc. 1 2 3 4 OTHER REMARKS: The defendant is neglecting repairs to structure in violation of Massachusetts State Building Code, Chapter 1 of 780 CMR, 103.0 Maintenance. X DEFENDANT IDENTIFICATION INFORMATION — Complete data belowSIGNATUREOF it known.COMPLAINANT DATE OF BIRTH PLACE OF BIRTH � SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAMEMAIDEN l 1 FATHER'S NAME COURT USE ONLY DATE DISPOSITION NO PROCESS TO ISSUE AUTHORIZED BY ❑ At request of complainant ❑ Complainant failed to prosecute ❑ Insufficient evidence having been presented PROCESS TO ISSUE TYPE OF PROCESS ❑ Sufficient evidence presented ❑ Warrant ❑ Defendant failed to appear ❑ Summons returnable 0 0 a CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET, 3" FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER Jan.19,2006 Salem District Court Salem Ma.01970 City of Salem vs. Timothy Klotz (docket#0536CR002241) On October 201h Mr Klotz,represented by his att.Gary Katz,appeared before the Court.An agreement was worked out between the Defendandt and the City of Salem and was presented to the Court to stay further action. It was understood by the City, that the agreement was intended to legally place the tenants into temp housing while the Defendant made the necessary repairs for the numerous Health and Building Code violations.Most of the violations still exist.This office has received information that the Building, that is at the center of this action,is under a Purchase and Sale agreement. In the agreement, the owner, Mr. Klotz,agreed to deliver the building empty of tenants. It is the opinion of the Health Dept. and the Building Dept. that Mr.Klotz has not lived up to the agreement and has in fact used the removal of the tenants to facilitate the selling of the property without going through the usual procedures of legal notice and or eviction. The agreement calls for a$100 day .fine .We have refered the tenants to N.S.C.A.P to seek their own remedies. S' er�e/ly, or s J. t.Pierre �v Building Commissioner II3 . �� Cnit of lib- ttlem. Aassar4usetts Ilublic 11repertg Bepartment Nuilbing i9epartment (One Salem (Sreen 508-7.15.9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 23 , 1997 Tim Klots P .O . Box 1341 Marblehead, Mass . 01945 RE : 31-33 Salem Street Dear Mr. Klots: On Wednesday, July 23 , 1997 I was contacted by the City of Salem Fire Department, concerning a staircase that had fallen at the above mentioned location . Which is a primary means of egress that must be repaired at once . The Fire Department also removed a refrigerator from the hallway which was preventing access by means to egress from the second floor . I also conducted an inspection of the entire premises and found the following violations : #1 . 31 Salem St . had eight mail boxes in its hallway, leading me to believe that there are eight units . After checking my records , I find that 31 Salem St . is a legal six ( 6 ) unit building. Please conform to six ( 6 ) legal units of file papers to the Board of Appeals to legalize additional units . 112 . Porches on each side of building need major repairs . (unsafe ) #3 . It is illegal to have homing pigeons at this location. (please remove ) 414 . Emergency lighting must be repaired in stairwells , front & rear. 115 . Chain link fence must be repaired . 116 . Remove all trash and debris from yard . #7 . Replace missing light bulbs in stairwells . #8 . Exterior door on back means of egress is opening in wrong direction and must be reverses to allow flow to stairs . #9 . Clean debris from basement; old water heater , ect. #10.Basement must have proper ventilation, remove plywood and replace with proper windows . #11 . Replace broken and missing smoke detectors . Please notify this department within fifteen ( 15 ) days upon receipt of this letter, to inform us as to what course of action you will take to rectify these violations . Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo Leo E. Tremblay Inspector of Buil ' ngs LET: scm cc: Chief Turner Fire Prevention Health Department Councillor Paskowski , Ward 1 Ii1TY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR 01a SALEM. MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 EXT. 380 'STANLEY J. USOVICZ, JR. FAX: 978-740-9846 MAYOR May 19, 2005 Timothy Klotz 9 Wardwell Plaee Lynn, Ma. 01902 i RE: 31-33 Salem Street Salem, Ma. Dear Mr. Klotz: This Department has received and investigated complaints regarding the extremely poor condition of your building. Many of the violations that were observed today are noted on various letters dating back several years. State Building Code 780 CMR, Section 103 requires a building owner to maintain in a safe, operable and sanitary condition all parts of a building. Section 115.6 requires you to arrange an inspection of the building with this Department. Failure to arrange this inspection will result in a complaint being filed in District Court. Y The following; items need to be addressed: 1. The rear porch is derelict including the top step, which is completely gone 2. This side porches on all 4 levels are completely derelict. 3. Interior rear stairs have broken treads. 4. Front and rear interior railings have missing ballisters. 5. Rear entry door and sill opens to the weather These are Building Code problems identified without entering any units. Further problems are anticipated upon unit inspections. The following are plumbing and mechanical violations: l.One of the two hot water heaters is leaking and needs to be replaced immediately. 2.One of the eight boilers is disconnected. I 3. Water leaks were observed in other areas of the plumbing. R { Other problems i 1.Mattresses and bedding observed in basement and has been obviously been used for 7 � sleeping areas. u 2. Wiring violations are present throughout basement. 3. Lights are missing and broken in most areas of the basement. 4. Areas of basement contain large amounts of debris. 5. Emergency lights and hall lighting are not working. 6. Smoke detectors missing in at least 2 locations. In closing, your building is in worse shape and contains many of the same violations that have been present on many previous inspections. You are directed to be present and to arrange for access to all units and areas for an inspection on Tuesday,May 17, 2005 at 10:00 a.m. Representation from all Inspectional Departments will be present for this inspection. Failure to arrange and be present for this inspection will result in a complaint being filed in District Court, Sincerely, p�/% omas St.�il.rre Building Commissioner cc: Kate Sullivan, Mayors Office Health Department Fire Prevention Electrical Department Plumbing Inspection I f i it I REPORT ON THE PROPERTY LOCATED AT 33 SALEM STREET OWNED BY TIMOTHY KOLTZ,REGARDING BUILDING CODE VIOLATIONS. WRITTEN ON JUNE 16,2005 BY JOE BARBEAU,ASSISTANT BUILDING INSPECTOR, CITY OF SALEM. EXTERIOR 1. Rear Porch,missing tread,rotting plywood on balance of treads and risers,handrails to short and in bad repair,no intermediate joists under landing floor boards,3+' wide staircase only has two stringers and these are towards the outside edges. 2. Right side porches at the 2na 3`a 4"floor levels in serious disrepair, floors, structural elements showing signs of decay,railings in poor condition. 3. Left side porches at all levels are in an advanced state of deterioration,with rotted supporting members,unsafe railings,rotting floor boards,and much debris. INTERIOR Not all areas were accessible for this inspection,so this is only a partial listing of the interior conditions of this property. 1. Common Areas. No working emergency systems, exit signs,emergency lights, and smoke alarm system are all in disrepair. No Central Station connection for the smoke alarm system. Much clutter and debris in halls and basement areas. No locks or latching mechanisms on front door. No cellar door,door has been removed and the opening cover with plywood. All basement windows are covered with plywood. Replacement water heater has no oil tag from fire department. Rear Hall has missing balusters on stairway missing light on landing no working emergency lights. Front hall has two broken treads on first floor staircase, as well as missing balusters on this staircase. 2. 1"Floor Right Apartment shows water damage to ceiling,bathroom shows evidence of long term water leakage,has no means of mechanical ventilation,and a soft spot at the threshold that suggests further water damage to floor. 3. 1"Floor Left Apartment exhibits water damage to Living Room ceiling,windows painted shut,extraneous wiring of questionable integrity, a recently renovated bathroom that lacks any permitting,and an out of service hard wired smoke alarm system with missing components. 4. 3`a Floor Right Apartment has a refridgerator plugged into a lamp extension cord,bathtub shows evidence of continued leaking, stove does not work,missing smoke alarm heads,lack of proper door hardware. 5. 3`a Floor Left Apartment has holes in walls,no smoke alarm system,bathroom is in dire need of renovation,multiple electrical problems including work boxes pulled from the wall,broken devices,hanging light fixtures. 6. 0 Floor Right Apartment shows signs of ongoing roof leaks,evidence of roach infestation, second egress door is blocked by appliance(Washing Machine). 7. 4th Floor Left could not gain entry, is reportedly empty at this time. 8. 2nd Floor Right is vacant, overall condition is poor, as in all other apartments there are no screens on windows, and is in general need of paint and repair. 9. 2"a Floor Left also vacant and in need of general repair. Addendum: A Fire Watch had been posted on this structure while the Smoke Alarm System was being repaired,on our return visit on 6/23/2005 this had been accomplished. 780 Ci`fR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 102.3 Zoning Bylaw Restrictions: When the structures and provided further that the siting and provisions herein specified for structural strength, fire separation distance comply with the adequate egress facilities, sanitary conditions, requirements for new structures. equipment, light and ventilation, energy 780 CMR 103.0 MAINTENANCE conservation or fire safety conflict with the local 103.1 General: All buildings and structures and all zoning bylaws or ordinances, 780 CMR shall control pans thereof,both existing and new,and all systems the construction or al.eration of buildings and and equipment therein which are regulated by structures unless such bylaws or ordinances are 780 CMR shall be maintained in a safe,operable and promulgated in accordance with the provisions of Mary condition. All service equipment,means of M.G.L. c. 143, §98. egress,devices and safeguards which are required by 780 CMR in a building or structure, or which were 102.4 General bylaw restrictions: When the required by a previous statute in a building or provisions herein specified for structural strength, structure,when erected,altered or repaired, shall be adequate egress facilities, sanitary conditions, maintained in good working order. equipment, light and ventilation, energy conservation or rue safety conflict with the local 103.2 Owner responsibility: The owner, as general bylaws or ordinances, 780 CMR shall defined in 780 CMR 2, shall be responsible for control the construction or alteration of buildings compliance with provisions of 780 CMR 103.0. and structures unless such bylaws or ordinances are promulgated in accordance with the provisions 780 CMR 104.0 VALIDITY M.G.L.c. 143, §98. 104.1 General: The provisions.of 780 CMR are 102.5 Applicability to Existing Buildings severable, and if any of its provisions shall be held unconstitutional or otherwise invalid by any court of 102.5.1 General: Fmsting buildings and competent jurisdiction, the decision of such court structures shall comply with the provisions of shall not affect or impair any of the remaining 780 CMR 102.5 and all other applicable provisions. provisions of 780 CMR- 102.5.2 MR102.5.2 Unless specifically provided otherwise in 780 CMR 105.0 OFFICE OF THE 780 CMR,any existing building or structure shall INSPECTOR OF BUR DINGS OR meet and shall be presumed to meet the provisions BUILDING COMMISSIONER of the applicable laws, codes,rules or regulations, 105.1 Appointment: The chief administrative bylaws or ordinances in effect at the time such officer of each city or town shall employ and building or structure was constructed or altered designate an inspector of buildings or building and shall be allowed to continue to be occupied commissioner(hereinafter inspector of buildings)as pursuant to its use and occuportry, provided that well as such other local inspectors as are reasonably the building or structure shall be maintained in necessary to assist the inspector of buildings to accordance with 780 CMR 103.0. administer and enforce 780 CMR and of M.G.L. 1025.3 In cases which applicable codes, rules or c. 22, § 13 A and the rules and regulations made regulations, bylaws or ordinances were not in use under the authority thereof. The inspector of at the time of such construction or alteration,the buildings shall report directly to and be solely provisions of 780 CMR 103.0 shall apply. responsible to the appointing authority. 102.5.4 In cases where the provisions of 105.2 Alternate: The inspector of buildings is 780 CMR are less stringent than the applicable authorized to designate an alternate who shall codes, rules or regulations,bylaws or ordinances exercise all the powers of the inspector of buildings at the time of such construction or substantial during the temporary absence, disability or conflict alteration, the applicable provisions of 780 CMR of interest of the inspector of buildings. Said shall apply, providing such application of these alternate shall be duly qualified pursuant to provisions does not result in danger to the public, 780 CMR 105.3. as determined by the building official. 102.5.5 Fxisdng buildings or parts or portions 1053 Qualifications of the Inspector of Buildings: thereof which are proposed to be enlarged, In accordance with the provisions of M.G.L.c. 143, altered, repaired or changed in use or occupancy § 3; each inspector of buildings shall have had at shall comply with the provisions of 780 CMR 34. least five years of experience in the supervision of building construction or design or in the alternative 102.5.6 Moved Structures: Buildings or a four year undergraduate degree in a field related to structures moved into or within the iurisdiction building construction or design,or any combination shall comply with the provisions of 780 CMR 34 of education and experience which would confer provided that any new system shall comply as far equivalent knowledge and ability, as determined by as practicable with the requirements for new the BBRS. In addition each inspector of buildings 14 780 CMR-Sixth Edition 2/7/97 (Effective 2/28/97) O're F pecror°Trce e 0to r �Uj6eal17a 161it c4 g p AfrfoAerr 4 6�rg `f7 I o171R ° 61 � hp 'Jffrldhgor 4pa ,y T� Tg¢ a; Salisbbertloe S cer s;9 s,'C 4l4t gt n A �, r _ .Qc. Lry S RO17treo � 3dn a, do 31-33 MasSa t Rea a� ar aU1 S171o0 0195? jtY TrU M17Y S s 3 aCdemit�41 Pt WOrt�jL rroet t 0 1996 r f000° Ot COD! Opt, ra1170 1 C h0 o�17op1a�17 3 ` bR ttffit . 110 CO,rroce jams: Fx1,2 $a 00 'T. b B �I0 Ctod a tbro to a at e r io 17 �10 S i119as rlOr11 d 191 A°r e�ot, 17S` jnS eh rh YOU jatiottor 17Ot Sc ibris cbes od t ctio No 17s aS 1fy Ii fro �Ust om4,7 ? °fbhbo 'h FairO wthjs 17dO� yar bo cad the rhOo a17k YOv jUr hro coy art S masd emo ed 1711 ab01,17 o "Zp, 117 17 do Sse o 4t 4, be ro 44 Q, r 0e17tio ion d�a17ce owl j?Ctit 117 t palrod sD j,5, 17e0 pr for ro$0 J,0& fte d �Ao °port jFT. S Your 1717 It i17 e� rjJ rchos Y oc: cm tici o�altake� °a� g°Sr Aa a r S U a17�sd si t19d CO otzO17 r0C Ao17 r co1717c C Ybe17 17corolY °Aoratl 6ePC,r theolpt 11 y- - °17 ak Se °f °r P C �`a _ 1 n 1917 a asko�ski I?SAoc. Tri � � rhss �a ga�17st for oeb and of jay 1 9UZIdi17 C14tg of #stem. MUSSUc4usetts ,� ►fl' Public Propertg Mepartment • Suilbing Department (Ont dalem (green 509-745-9595 En. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 3, 1994 Salem Street Realty Trust Paul Worth/ Lorraine Semblares 15 Roberts Road Salisbury, Mass. 01952 RE: 31-33 Salem Street Dear Paul & Lorraine: Due to a complaint received through the Neighborhood Improvement Committee hot line, I conducted an inspection of the above mentioned property and the following violations were found: • 1. Rail at side porch must be repaired. 2. Rail at rear set of stairs must be repaired. 3. Make up air must be made available to boiler room. 4. Remove lock and hasp from exterior basement door. 5. Remove air conditioner from hallway. 6. Remove broken glass from storm window on first floor. 7. Remove refrigerator and debris from side porch on first floor. Please notify this department upon receipt of this letter as to your course of action to rectify these violations. Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, _ Leo E. Tremblay Inspector of Buildings LET: scm cc: Dave Shea Councillor Ahmed, Ward 1 Virginia Moustakas, Health Certified Mail $ P 921 991 629 ;, (fit oftt1Em. ittosatl�us��ts • 9 1 g-"�ii� Public frapertg Depaciment 08 Guilbing Department One 681cm deem 508-745-9595 Ed. 390 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer November 3, 1994 Salem Street Realty Trust Paul Worth/ Lorraine Semblares 15 Roberts Road Salisbury, Mass. 01952 RE: 31-33 Salem Street Dear Paul & Lorraine: Due to a complaint received through the Neighborhood Improvement committee hot line, I conducted an inspection of the above mentioned • property and the following violations were found: 1. Rail at side porch must be repaired. 2. Rail at rear set of stairs must be repaired. 3. Make up air must be made available to boiler room. 4. Remove lock and hasp from exterior basement door. 5. Remove air conditioner from hallway. 6. Remove broken glass from storm window on first floor. 7. Remove refrigerator and debris from side porch on first floor. Please notify this department upon receipt of this letter as to your course of action to rectify these violations. Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, � Leo E. Tremblay / Inspector of Buildings LET: scm cc: Dave Shea Councillor Ahmed, Ward 1 Virginia Moustakas, Health Certified Mail # P 921 991 629 • s', (situ of tmlem. mttssttr4usetts Public PrnpertU Department Nuilbing Ilepartment (Ont #alem (4reen 508-7.15-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building May 30, 1996 Zoning Enforcement Officer 31-33 Salem Street Realty Trust 15 Roberts Road Salisbury, Mass. 01952 RE: 31-33 Salem Street Dear Paul Worth/Lorraine Simblaris: Due to a complaint received through the Neighborhood Improvement Committee hot line, I conducted an inspection of the above mentioned property and found the following violations: 1. Graffiti must be removed from facade walls. • 2. Rotted wood at porches must be removed and replaced. (porches must be made safe) 3. Clean all debris from yard. 4. Exterior storm windows must be repaired. Please notify this department within fifteen (15) days upon receipt of this letter as to what course of action you will take to rectify these violations. Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, �1 Leo E. Tremblay Inspector of Buildi s LET: scm cc: David Shea Jane Guy Councillor Paskowski, Ward 1 • s Coity of 3ttlrm. 4flnS5Ur4U5Ctts Public Property Department Nuilhing Department (*n7- #Rita' (4rrrn Leo E. Tremblay 5138-7-13-95_q3 Lxt. Sao Director of Public Property Inspector of Building Zoning Enforcement Officer May 30, 1996 31-33 Salem Street Realty Trust 15 Roberts Road Salisbury, Mass. 01952 3E: 31-33 Salem Street Dear Paul Worth/Lorraine Simblaris: Due to a complaint received through the [`Neighborhood Committee hot line, I conducted an ins and found the following violations: Improvement inspection of the above mentioned property 1• Graffiti must be removed from facade walls. =• Rotted wood at porches must be made safe) be removed and replaced. • 3• Clean all debris from (Porches must yard. u• Exterior storm windows must be repaired. "_ease notify this department within fifteen this letter as to what course of action you will take to rectif violations. to to do so will result in (1�) days upon receipt of you. legal action being these g taken against Thank you in advance for your anticipated cooperation in this matter. Sincerely, ;iia � ��'•� �.c.�. Leo E. Tremblay LET: scm Inspector of Building-s cc: David Shea -ane Guy Councillor Paskowski, Ward 1 • AUIVIIN15IHAI IU14 ANU tI4FUHUUVILNI • Department of Public Safety shall be notified in writing within seven (7) working days of any action taken under this section. 101.4 Referenced Standards: Where differences occur between provisions of this code and referenced standards, the provisions of this code shall apply. SECTION 102.0 ORDINARY REPAIRS 102.1 General: Except as provided in Section 113.1, a permit shall not be required for ordinary repairs to buildings and structures. SECTION 103.0 INSTALLATION OF SERVICE EQUIPMENT 103.1 General: When the installation, extension, alteration or repair of an elevator, moving stairway, mechanical equipment, refrigeration, air conditioning or ventilating apparatus, plumbing, gas piping, electric wiring, heating system or any other equipment is specifically controlled by the provisions of this code or the approved rules, it shall be unlawful to use such equipment until a certificate of approval has been issued therefor by the building official or other agency having • jurisdiction. SECTION 104.0 MAINTENANCE 104.1 General: All buildings and structures and all parts thereof, both existing and new, shall be maintained in a safe and sanitary condition. All service equipment, means of egress, devices and safeguards which are required by this code in a building or structure, or which were required by a previous statute in a building or structure, when erected, altered or repaired, shall be maintained in good working order. 104.2 Owner responsibility: The owner, as defined in Article 2, shall be responsible for the safe and sanitary maintenance of the building or structure and its exitway facilities at all times, unless otherwise specifically provided in this code. • Corrected 780 CMR - Fifth Edition 1-3 FAX COVER SHEET TO: Salem Building Department Tom St. Pierre/Joe Barbeau Fax: 978-740-9846 I FROM: Gary M. Katz, Esq. P.O. Box 1379, Marblehead, MA 01945 1 Tel: 781-639-3071 /Cell: 781-576-9509 Fax: 781-639-0971 i RE: Klotz, 31-33 Salem Street, Salem I #of Pages 3 I PLEASE NOTE: Attached please find: (i) Addendum to P&S Agreement,said Addendum surviv the closing and remains in full force and effect and(ii)Escrow Agreement covering the tenants and potentii claims,if any. I Please notify this office if a Court hearing is scheduled as we had previously disQussed. Many thanks in advance. I GMK 2/15/2006 I i I i I ! T d 1LS06691BL z,4e>1 RjeE) dGo :2T 90 ST qaA AUIVIINIS I HA I Il1N Al4U L14FUHtaIVIEN I Department of Public Safety shall be notified in writing within seven (7) working days of any action taken under this section. 101.4 Referenced Standards: Where differences occur between provisions of this code and referenced standards, the provisions of this code shall apply. SECTION 102.0 ORDINARY REPAIRS 102.1 General: Except as provided in Section 113.1, a permit shall not be required for ordinary repairs to buildings and structures. SECTION 103.0 INSTALLATION OF SERVICE EQUIPMENT 103.1 General: When the installation, extension, alteration or repair of an elevator, moving stairway, mechanical equipment, refrigeration, air conditioning or ventilating apparatus, plumbing, gas piping, electric wiring, heating system or any other equipment is specifically controlled by the provisions of this code or the approved rules, it shall be unlawful to use such equipment until a certificate of approval has been issued therefor by the building official or other agency having jurisdiction. SECTION 104.0 MAINTENANCE 104.1 General: All buildings and structures and all parts thereof, both existing and new, shall be maintained in a safe and sanitary condition. All service equipment, means of egress, devices and safeguards which are required by this code in a building or structure, or which were required by a previous statute in a building or structure, when erected, altered or repaired, shall be maintained in good working order. 104.2 Owner responsibility: The owner, as defined in Article 2, shall be responsible for the safe and sanitary maintenance of the building or structure and its exitway facilities at all times, unless otherwise specifically provided in this code. Corrected 780 CMR - Fifth Edition 1-3 o� t `� Chit of 3ajrM. .4fitt5,sttr4usetts Public Propertg Department AepnnveP'cR'� Nuilaing Department One erntem (5reen 388-745-9595 E:xt. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer May 30, 1996 31-33 Salem Street Realty Trust 15 Roberts Road Salisbury, Mass. 01952 RE: 31-33 Salem Street Dear Paul Worth/Lorraine Simblaris: Due to a complaint received through the Neighborhood Improvement Committee hot line, I conducted an inspection of the above mentioned property and found the following violations: 1. Graffiti must be removed from facade walls. Rotted wood at porches must be removed and replaced. (porches must be made safe) 3. Clean all debris from yard. L . Exterior storm windows must be repaired. ?'_ease notify this department within fifteen ( 151 days upon receipt of this letter as to what course of action you will take to rectify these violations. Failure to do so will result in legal action being taken against vou. :'hank you in advance for your anticipated cooperation in this matter. Sincerely, �Gs G�✓�C.c-r�-Yls Leo E . Tremblay Inspector of Buildi LET: scm cc: David Shea _'ane Guy Councillor Paskowski, Ward 1 F �, Cnitg of 0§ttlem, :Massa E4usetts ?Public ?Propertg i9epartment iguilbing i9epartment (One *alem (green s, 508-7•U-959i �cst. 3811 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer / i C JuD1997 Tim Klots P .O . Box 1341 Marblehead, Mass . 01945 E : 31-33 Salem Street Dear Mr . On Wednesday, July 23 , 1997 I was contacted by the City of Salem Fire Department , concerning a staircase that had fallen at the above mentioned location . Which is a primary means of egress that must be repaired at once . The Fire Department also removed a refrigerator from the hallway which was preventing access by means to egress from the second floor . I also conducted an inspection of the entire premises and found the following violations : 111 . 31 Salem St. had eight mail boxes in its hallway, leading me to believe that there are eight units . After checking my records , I find that 31 Salem St . is a legal six ( 6 ) unit building. Please conform to six ( 6 ) legal units of file papers to the Board of Appeals to legalize additional units . 112 . Porches on each side of building need major repairs . (unsafe ) 113 . It is illegal to have homing pigeons at this location . (please remove ) 114 . Emergency lighting must be repaired in stairwells , front & rear . 115 . Chain link fence must be repaired . 06 . Remove all trash and debris from yard. 117 . Replace missing light bulbs in stairwells . 418. Exterior door on back means of egress is opening in wrong direction and must be reverses to allow flow to stairs ., 09 . Clean debris from basement ; old water heater , ect . 1110 .Basement must have proper ventilation, remove plywood and replace with proper windows . #11 . Replace broken and missing smoke detectors . Please notify this department within fifteen ( 15 ) days upon receipt of this letter, to inform us as to what course of action you will take to rectify these violations . Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay Inspector of Buil ngs LET: scm cc : Chief Turner Fire Prevention Health Department Councillor Paskowski , Ward 1 �� Cnit of i�ttlem' mussar4use##s Public PropertU Mepartment Nuilaing Department tine *nitm Green 5BB-715-9595 Fxt. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 23 , 1997 Tim Klots P .O . Box 1341 Marblehead, Mass . 01945 RE : 31-33 Salem Street Dear Mr. Klots: On Wednesday, July 23 , 1997 I was contacted by the City of Salem Fire Department, concerning a staircase that had fallen at the above mentioned location . Which is a primary means of egress that must be repaired at once . The Fire Department also removed a refrigerator from the hallway which was preventing access by means to egress from the second floor . I also conducted an inspection of the entire premises and found the following violations : #1 . 31 Salem St . had eight mail boxes in its hallway, leading me to believe that there are eight units . After checking my records , I find that 31 Salem St . is a legal six ( 6 ) unit building. Please conform to six ( 6 ) legal units of file papers to the Board of Appeals to legalize additional units . #2 . Porches on each side of building need major repairs . (unsafe ) #3 . It is illegal to have homing pigeons at this location . (please remove ) 114 . Emergency lighting must be repaired in stairwells , front & rear. #5 . Chain link fence must be repaired. #6 . Remove all trash and debris from yard. #7 . Replace missing light bulbs in stairwells . #8. Exterior door on back means of egress is opening in wrong direction and must be reverses to allow flow to stairs . #9 . Clean debris from basement ; old water heater , ect . #10.Basement must have proper ventilation, remove plywood and replace with proper windows . #11 . Replace broken and missing smoke detectors . Please notify this department within fifteen ( 15 ) days upon receipt of this letter, to inform us as to what course of action you will take to rectify these violations. Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay Inspector of Buil ' ngs LET: scm cc: Chief Turner Fire Prevention Health Department Councillor Paskowski , Ward 1 �; Chit of 'V$ttlem, Massar4usetts � ��• Public Propertg Bepartment $uilbing 19epartmrnt tone dalcm (6recn 580.7-15.9595 Ext. 389 Leo E. Tremblay Director of Public Property Inspector of Building D1997 Zoning Enforcement Officer Jul Tim Klots P .O. Box 41 Marblehead, Mass. 01945 E : 31-33 Salem Street Dear Mr. On Wednesday, July 23 , 1997 I was contacted by the City of Salem Fire Department, concerning a staircase that had fallen at the above mentioned location . Which is a primary means of egress that must be repaired at once . The Fire Department also removed a refrigerator from the hallway which was preventing access by means to egress from the second floor . I also conducted an inspection of the entire premises and found the following violations : 111 . 31 Salem St. had eight mail boxes in its hallway, leading me to believe that there are eight units . After checking my records , I find that 31 Salem St . is a legal six ( 6) unit building. Please conform to six ( 6 ) legal units of file papers to the Board of Appeals to legalize additional units . 112 . Porches on each side of building need major repairs . (unsafe ) 1i3 . It is illegal to have homing pigeons at this location. (please remove ) 114 . Emergency lighting must be repaired in stairwells , front & rear. 115 . Chain link fence must be repaired . 116 . Remove all trash and debris from yard. #7 . Replace missing light bulbs in stairwells . #8. Exterior door on back means of egress is opening in wrong direction and must be reverses to allow flow to stairs ., #9 . Clean debris from basement ; old water heater , ect . #10 .Basement must have proper ventilation, remove plywood and replace with proper windows . #11 . Replace broken and missing smoke detectors . Please notify this department within fifteen ( 15 ) days upon receipt of this letter, to inform us as to what course of action you will take to rectify these violations . Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, .�1 Leo E . Tremblay Inspector of Buil ngs LET: scm cc: Chief Turner Fire Prevention Health Department Councillor Paskowski , Ward 1 i 1 5. Petittun'o ao Ngo requesting a Vac 16 x 21 garage. Setback will be 3ft it located at 1 Clark Avenue R-1. 6. Petition of Michael &Marie Narinki4 Occupation using left side of the hot located at 3 Hawthorne Blvd R-1. 7. Petition of Michael &Maureen Kapp Area,minimum lot area per dwelling family home for the property located H. Petition of Ed Dorherty requesting V, to allow an existing commercial unit Variances from parking requirement 9. Old/New Business his no Sally urtagh City He Clerk, Board of Appeal at d 23AA ; 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 102.3 Zoning Bylaw Restrictions: When the structures and provided further that the siting and provisions herein specified for structural strength, fire separation distance comply with the adequate egress facilities, sanitary conditions, requirements for new structures. equipment, light and ventilation, energy 780 CMR 103.0 MAINTENANCE conservation or fire safety conflict with the local 103.1 General: All buildings and structures and all zoning bylaws or ordinances, 780 CMR shall control parts thereof,both existing and new,and all systems the construction or al.eration of buildings and and equipment therein which are regulated by structures unless such bylaws or ordinances are 780 CMR shall be maintained in a safe, operable and promulgated in accordance with the provisions of Mary condition. All service equipment,means of M.G.L. c. 143, §98 . egress,devices and safeguards which are required by 780 CMR in a building or structure, or which were 102.4 General bylaw restrictions: When the required by a previous statute in a building or provisions herein specified for structural strength, structure,when erected,altered or repaired, shall be adequate egress facilities, sanitary conditions, maintained in good working order. equipment, light and ventilation, energy conservation or fire safety conflict with the local 103.2 Owner responsibility: The owner, as general bylaws or ordinances, 780 CMR shall defined in 780 CMR 2, shall be responsible for control the construction or alteration of buildings compliance with provisions of 780 CMR 103.0. and structures unless such bylaws or ordinances are promulgated in accordance with the provisions 780 CMR 104.0 VALIDITY M.G.L.c. 143, §98. 104.1 General: The provisions.of 780 CMR are 102.5 Applicability to Existing Buildings severable, and if any of its provisions shall be held unconstitutional or otherwise invalid by any court of 102.5.1 General: Fxisting buildings and competent jurisdiction. the decision of such court structures shall comply with the provisions of shall not affect or impair any of the remaining 780 CMR 102.5 and all other applicable provisions. provisions of 780 CMR- 102.5.2 MR102.5.2 Unless specifically provided otherwise in 780 CMR 105.0 OFFICE OF THE 780 CMR,any existing building or structure shall INSPECTOR OF BUILDINGS OR meet and shall be presumed to meet the provisions BUILDING COMMISSIONER of the applicable laws, codes,ntles or regulations, 105.1 Appointment: The chief administrative bylaws or ordinances in effect at the time such officer of each city or town shall employ and building or structure was constructed or altered designate an inspector of buildings or building and shall be allowed to continue to be occupied commissioner(hereinafter inspector of buildings)as pursuant to its use and occupancy, provided that well as such other local inspectors as are reasonably the building or structure shall be maintained in necessary to assist the inspector of buildings to accordance with 780 CMR 103.0. administer and enforce 780 CMR and of M.G.L. 1025.3 In cases which applicable codes,rules or c. 22• § 13 A and the rules and regulations made regulations, bylaws or ordinances were not in use under the authority thereof. The inspector of at the time of such construction or alteration,the buildings shall report directly to and be solely provisions of 780 CMR 103.0 shall apply. responsible to the appointing authority. 102.5.4 In cases where the provisions of 105.2 Alternate: The inspector of buildings is 780 CMR are less stringent than the applicable authorized to designate an alternate who shall codes, rules or regulations,bylaws or ordinances exercise all the powers of the inspector of buildings at the time of such construction or substantial during the temporary absence, disability or conflict alteration, the applicable provisions of 780 CMR of interest of the inspector of buildings. Said shall apply, providing such application of these alternate shall be duly qualified pursuant to provisions does not result in danger to the public, 780 CMR 105.3. as determined by the building official. 102.5.5 Existing buildings or parts or portions 1053 Qualifications of the Inspector of Buildings: thereof which areproposed to be enlarged, In accordance with the provisions of M.G.L.c. 143, altered, repaired or changed in use or occupancy § 3, each inspector of buildings shall have had at shall comply with the provisions of 780 CMR 34. leas[ five years of experience in the supervision of building construction or design or in the alternative 102.5.6 Moved Structures: Buildings or a four year undergraduate degree in a field related to structures moved into or within the iurisdiction building construction or design,or any combination shall comply with the provisions of 780 CMR 34 of education and experience which would confer provided that any new system shall comply as far equivalent knowledge and ability, as determined by as practicable with the requirements for new the BBRS. In addition each inspector of buildings 14 780 CMR-Sixth Edition 2/7/97 (Effective 2/28/97) - AUIdIN16 I HA i IU14 A14U t141-UHULINtN I Department of Public Safety shall be notified in writing within seven (7) working days of any action taken under this section. 101.4 Referenced Standards: Where differences occur between provisions of this code and referenced standards, the provisions of this code shall apply. SECTION 102.0 ORDINARY REPAIRS 102.1 General: Except as provided in Section 113.1, a permit shall not be required for ordinary repairs to buildings and structures. SECTION 103.0 INSTALLATION OF SERVICE EQUIPMENT 103.1 General: When the installation, extension, alteration or repair of an elevator, moving stairway, mechanical equipment, refrigeration, air conditioning or ventilating apparatus, plumbing, gas piping, electric wiring, heating system or any other equipment is specifically controlled by the provisions of this code or tite approved rules, it shall be unlawful to use such equipment until a certificate of approval has been issued therefor by the building official or other agency having jurisdiction. SECTION 104.0 MAINTENANCE 104.1 General: All buildings and structures and all parts thereof, both existing and new, shall be maintained in a safe and sanitary condition. All service equipment, means of egress, devices and safeguards which are required by this code in a building or structure, or which were required by a previous statute in a building or structure, when erected, altered or repaired, shall be maintained in good working order. 104.2 Owner responsibility: The owner, as defined in Article 2, shall be responsible for the safe and sanitary maintenance of the building or structure and its exitway facilities at all times, unless otherwise specifically provided in this code. Corrected 780 CMR - Fifth Edition 1-3 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 102.3 Zoning Bylaw Restrictions: When the structures and provided further that the siting and provisions herein specified for structural strength, fire separation distance comply with the adequate egress facilities, sanitary conditions, requirements for new structures. equipment, light and ventilation, energy 780 CMR 103.0 MAINTENANCE conservation or fire safety conflict with the local 103.1 General: All buildings and structures and all zoning bylaws or ordinances, 780 CMR shall control parts thereof,both existing and new, and all systems the construction or aheration of buildings and and equipment therein which are regulated by structures unless such bylaws or ordinances are 780 CMR shall be maintained in a safe,operable and promulgated in accordance with the provisions of Mary condition. All service equipment,means of M.G.L.c. 143, §98 . egress,devices and safeguards which are required by 780 CMR in a building or structure,or which were 102.4 General bylaw restrictions: When the required by a previous statute in a building or provisions herein specified for structural strength, structure,when erected,altered or repaired, shall be adequate egress facilities, sanitary conditions, maintained in good working order. equipment, light and ventilation, energy conservation or fire safety conflict with the local 103.2 Owner responsibility: The owner, as general bylaws or ordinances, 780 CMR shall defined in 780 CMR 2, shall be responsible for control the construction or alteration of buildings compliance with provisions of 780 CMR 103.0. and structures unless such bylaws or ordinances are promulgated in accordance with the provisions 780 CMR 104.0 VALIDTTlr M.G.L.c. 143, §98. 104.1 General: The provisions.of 780 CMR are 102.5 Applicability to Existing Buildings severable, and if any of its provisions shall be held unconstitutional or otherwise invalid by any court of 102.5.1 General: Existing buildings and competent jurisdiction, the decis;on of such court structures shall comply with the provisions of shall not affect or impair any of the remaining 780 CMR 102.5 and all other applicable provisions. provisions of 780 CMR 102.5.2 Unless specifically provided otherwise in 780 CMR 105.0 OFFICE OF THE 780 CMR,any existing building or structure shall INSPECTOR OF BUILDINGS OR meet and shall be presumed to meet the provisions BUH.DING COMMISSIONER of the applicable laws,codes,rules or regulations, 105.1 Appointment: The chief administrative bylaws or ordinances in effect at the time such officer of each city or town shall employ and building or structure was constructed or altered designate an inspector of buildings or building and shall be allowed to continue to be occupied commissioner(hereinafter inspector of buildings)as pursuant to its use and occupancy, provided that well as such other local inspectors as are reasonably the building or structure shall be maintained in necessary to assist the inspector of buildings to accordance with 780 CMR 103.0. administer and enforce 780 CMR and of M.G.L. 1025.3 In cases which applicable codes,rules or c. 22, § 13 A and the rules and regulations made regulations,bylaws or ordinances were not in use under the authority thereof. The inspector of at the time of such construction or alteration,the buildings shall report directly to and be solely provisions of 780 CMR 103.0 shall apply. responsible to the appointing authority. 102.5.4 In cases where the provisions of 105.2 Alternate: The inspector of buildings is 780 CMR are less stringent than the applicable authorized to designate an alternate who shall codes, rules or regulations,bylaws or ordinances exercise all the powers of the inspector of buildings at the time of such construction or substantial during the temporary absence, disability or conflict alteration, the applicable provisions of 780 CMR of interest of the inspector of buildings. Said shall apply, providing such application of these alternate shall be duly qualified pursuant to provisions does not result in danger to the public, 780 CMR 105.3. as determined by the building official. 102.5.5 Existing buildings or parts or portions 1053 Qualifications of the Inspector of Buildings: thereof which are proposed to be enlarged, In accordance with the provisions of M.G.L. c. 143, altered, repaired or changed in use or occupanry § 3, each inspector of buildings shall have had at shag comply with the provisions of 780 CMR 34. least five years of experience in the supervision of building construction oCdesign or in the alternative 102.5.6 Moved Structures: Buildings or a four year undergraduate degree in a field related to structures moved into or within the iurisdiction building construction or design,or any combination shall comply with the provisions of 780 CMR 34 of education and experience which would confer provided that any new system shall comply as far equivalent knowledge and ability, as determined by as practicable with the requirements for new the BBRS. In addition each inspector of buildings 14 780 CMR-Sixth Edition 2/7/97 (Effective 2/28/97) 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 102.3 Zoning Bylaw Restrictions: When the structures and provided further that the siting and provisions herein specified for structural strength, fire separation distance comply with the adequate egress facilities, sanitary conditions, requirements for new structures. equipment, light and ventilation, energy 780 CMR 103.0 MAINTENANCE conservation or fire safety conflict with the local 103.1 General: All buildings and structures and all zoning bylaws or ordinances, 780 CMR shall control parts thereof,both existing and new, and all systems the concoction or aheration of buildings and and equipment therein which are regulated by structures unless such bylaws or ordinances are 780 CMR shall be maintained in a safe,operable and promulgated in accordance with the provisions of sanitary condition. All service equipment,means of M.G.L.c. 143, §98. egress,devices and safeguards which are required by 780 CMR in a building or structure,or which were 102.4 General bylaw restrictions: When the required by a previous statute in a building or provisions herein specified for structural strength, structure,when erected,altered or repaired,shall be adequate egress facilities, sanitary conditions, maintained in good working order. equipment, light and ventilation, energy conservation or fire safety conflict with the local 103.2 Owner responsibility: The owner, as general bylaws or ordinances, 780 CMR shall defined in 780 CMR 2, shall be responsible for control the construction or alteration of buildings compliance with provisions of 780 CMR 103.0. and structures unless such bylaws or ordinances are promulgated in accordance with the provisions 780 CMR 104.0 VALIDITY M.G.L.c. 143, §98. 104.1 General: The provisions,of 780 CMR are 102.5 Applicability to Existing Buildings severable, and if any of its provisions shall be held unconstitutional or otherwise invalid by any court of 102.5.1 General: Existing buildings and competent jurisdiction, the decis;on of such court structures shall comply with the provisions of shall not affect or impair any of the remaining 780 CMR 102.5 and all other applicable provisions. provisions of 780 CMR 102.5.2 Unless specifically provided otherwise in 780 C'IR 105.0 OFFICE OF THE 780 CMR,any existing building or structure shall INSPECTOR OF BUII.DINGS OR meet and shall be presumed to meet the provisions BUILDING COMMISSIONER of the applicable laws,codes,rules or regulations, 105.1 Appointment: The chief administrative bylaws or ordinances in effect at the time such officer of each city or town shall employ and building or structure was constructed or altered designate an inspector of buildings or building and shall be allowed to continue to be occupied commissioner(hereinafter inspector of buildings)as pursuant to its use and occupancy, provided that well as such other local inspectors as are reasonably the building or structure shall be maintained in necessary to assist the inspector of buildings to accordance with 780 CMR 103.0. administer and enforce 780 CAMR. and of M.G.L. 1025.3 In cases which applicable codes,rules or c. 22• § 13 A and the rules and regulations made regulations,bylaws or ordinances were not in use under the authority thereof. The inspector of at the time of such construction or alteration,the buildings shall report directly to and be solely provisions of 780 CMR 103.0 shall apply. responsible to the appointing authority. 1025.4 In cases where the provisions of 105.2 Alternate: The inspector of buildings is 780 CMR are less stringent than the applicable authorized to designate an alternate who shall codes, rules or regulations,bylaws or ordinances exercise all the powers of the inspector of buildings at the time of such construction or substantial during the temporary absence, disability or conflict alteration, the applicable provisions of 780 CMR of interest of the inspector of buildings. Said shall apply, providing such application of these alternate shall be duly qualified pursuant to provisions does not result in danger to the public, 780 CMR 105.3. as determined by the building official. 102.5.5 Edsting buildings or parts or portions 1053 Qualifications of the Inspector of Buildings: thereof which are proposed to be enlarged, In accordance with the provisions of M.G.L. c. 143, altered, repaired or changed in use or occupancy § 3, each inspector of buildings shall have had at shall comply with the provisions of 780 CMR 34, least five years of experience in the supervision of building construction or design or in the alternative 102.5.6 Moved Structures: Buildings or a four year undergraduate degree in a field related to structures moved into or within the iurisdiction building construction or design,or any combination shall comply with the provisions of 780 CMR 34 of education and experience which would confer provided that any new system shall comply as far equivalent knowledge and ability, as determined by as practicable with the requirements for new the BBRS. In addition each inspector of buildings 14 780 CMR-Sixth Edition 217/97 (Effective 2/28/97) noo�.��-rte 3R�i_ ri/L�_ G)1 t ►aC� 4ZU52 _3 i i ,I Qd�B-r(on�� t�m—rF�ec� / a�sfa� -rZ�R.�B�kri� - 4 LyGIS��n/� 3R�ds�.e,'.s --ALQ-�OLSTS Flo CF,.t.Lc�aZ o_e�a� — PLv, wtiT�� Md6,L4 vlw� zff,�- i, It[CC� It�. l II IIS IIS 14� _ Yui lie a r _ r • F SALEM FIRE DEPARTMENT FIRE PREVENTION BUREAU 29 FORT AVENUE SALEM, MA 01970 Tel (978) 745-7777 Fax (987) 744-9402 Fax To : ET_. - P �a� Fax # From : C4-i-1 � Date : �o I�ylor Subject ' +'vF- F PagesCas�P-- L" Notes 1 TO 3gvd H 1rdSIQ 3JI3 W3-NS L0065bL8L6 8b:80 S00 .13T10T Al - ll files the � Housin ese files: g Authority is h Trial ial Hearing