68 SCHOOL STREET - BUILDING INSPECTION %P8903$0
�liA:--. 9 ""Posrco
giASTINGS,mnt
Certificate No: 864-06 Building Permit No.: 864-06
Commonwealth ofiMassachusetts
City of Salem
Building Electrical Mechanical Permits
This is to Certify that the CONDOMINIUMlocated at
-
-------------------------------------------------
Dwelling Type
0068 SCHOOL STREETin the CITY OF SALEM
-
- ------------------------------------ -- -- -- - - - --------- -- - -- - -------- -
Address Town/City Name
IS HEREBY GRANTED A PERMANENT CERTIFICATE OF
OCCUPANCY
COMPLETE RENOVATIONS (70 SCHOOL STREET UNIT B)
This permit is granted in conformity with the Statutes and ordinances relating thereto, and
expires unless sooner suspended or revoked.
Expiration Date
-_--_- ------------------------------------�-------------------
Issued On: Tue Dec 5,2006 -------- -- --- -- - --
--------- ---
-----------
------- --- - -- n.✓ ------- - - - -- -- -----------------
GeoTMS@ 2006 Des Lauriers Municipal Solutions,Inc. -------------- ----------------------------------------------------------------
Ala*
.0068 SCHOo... STREET 864-06
G1s#: 8249 1. COMMONWEALTH OF MASSACHUSETTS
IvIa'f 17 CITY OF SALEM
Block:
Ldt 10318
Category: " �REPAM/REPLACE
rerrmt# E 864.06 BUILDING PERMIT
Project# JS-2006-1725.
Ests ost—$20,000.00
Fee Charged: $255.00
Balance Due: x$.00 PERMISSION IS HEREBY GRANTED TO:
Const.Class;. ( s' _;Contractor: License:
Use Group: GEORGE QUEENAN General Contractor-CS074974
Lot SEze(sq_.ft 1. 15020f
— - —'+)ivneC GEORGE QUF41N4*t
UnitsGained: A 2zeat t cvRvE ' ur hNA s "
UmtsLost.' � �� T: 0068 SCHOOL STREET
Dig Safe#: : ,
ISSUED ON. 26-Apr-2006 AMENDED ON: EXPIRES ON: 26-Oct-2006
TO PERFORM THE FOLLOWING WORK.
Complete rennovation of Unit B
POST THIS CARD SO IT IS VISIBLE FROM THE STREET
Electric Gas Plumbing Buildine
Underground: Underground: Underground: Excavation:
`w
Service: Meter: Footings:
Rough: /� I Rough: Rough.^/� `' � (, Foundation:
Final://///4//W
Final: Eia:d:."/ r%���� Rough Frame:��
I
(,/fit Jar __�J"__�V•/� Fireplace/Chimney: .
D.P.W. Fire Health
Insulation:
Meter: Oil: ' / A -
Final• -r .Gly/ J-l� �,//�
House N Smoke: Q1Fr's.N--� /`
Treasury:
Water: Alarm: -. li �,f C)O
klU
E # Sewer: Sprinklers:
t( `
THIS PERMIT MAY BE REVOKED BY THE CITY OF SALUPON VIOLATION OF ALtY OF ITS
RULES AND REGULATIONS.
Ci/gnare:
Fee Type: - Receipt No: Date Paid: Check No: 4 Amount:
BUILDING REC-2006-002352 26-Apr-06 101 $255.00
r
r.
t T:>
GcoFMS®2006 Des Lauriers Municipal Solutions,Inc.
June 5, 2006
Mr. Tom St. Pierre
Building Commissioner
City of Salem
Public Property Department
120 Washington St. CQQ
Salem,MA 01970
Re: Building Code Violation for Sound Isolation in Multi-dwelling Units for Unit 68A
School St., Salem, MA
Dear Tom,
As a follow up to our conversation, I've enclosed a copy of the report I received from an
acoustical engineer I retained last year to assess the noise problem in my Condo.
As discussed, a solution for this problem has been attempted that involves reconstruction
of the floor in the Unit above mine(Unit 70A). However,the solution did not involve
any reconstruction to floor above the kitchen/dining area in my Unit. Therefore, I believe
the violation still exists and would need to be corrected.
Additionally, I do not believe that the solution attempted for the other rooms has
adequately solved the problem and brought the construction up to code in those areas.
Should you have any questions regarding this,please feel free to contact me.
Sincerely,
a41/11V4_e_t
Andy Kramer
68A School St.
Salem, MA 01970
(Home) 978-744-8718
(Work) 978-698-6446
(Cell) 978-808-9156
Klaus Kleinschmidt PE / Consulting Engineer in Acoustics and Noise Control
6 October 2005 *1.1,I;
Andy Kramer
68A School Street
Salem, MA 01970
RE: 50306 /SOUND ISOLATION BETWEEN CONDOS
Dear Andy,
On 27 September 2005 1 visited your building and conducted tests to assess the
sound transfer from the neighboring Unit above yours. I also inspected the entry area
which is of concern to you. The testing involved determination of the sound isolation
value of the .ceiling/floor construction of your bedroom and the footstep noise
generated in that room by walking on the hard floor as well as the carpet in the
upstairs dining room. This letter provides my findings and recommendations for
improving the conditions.
FINDINGS
1. Airborne Sound Isolation
Sound isolation of speech, radios, TV's, and similar sources is determined by
generating a very loud steady broadband ["pink"] noise on one side of a floor or
partition and measuring the noise level difference on the two sides. Tests in existing
buildings assume that only the floor or wall contribute to the sound transmission. By
closing windows and doors and selecting suitable rooms this condition can be met.
The measured sound isolation between the two units when adjusted for the sound
absorbing qualities of the receiving room [your bedroom] results in an NIC [Noise
Isolation Class] value of 41. This value is approximately the same as the STC [Sound
Transmission Class] value for specific constructions tested in a laboratory under the
provisions of the ASTM standard E90. The measured sound isolation value of NIC41
can be compared to the Massachu-setts building code [CMR 780, Section 716]
requirement of STC 45 for floor and demising wall assemblies of residential
dwellings.
132 Mary Catherine Drive / Lancaster, MA 01523
978.368.7571 vox 978.368.1854 fax
Klaus Kleinschmidt PE / Consulting Engineer in Acoustics and Noise Control
50306 / A. Kramer
6 October 2005
Page 2
The existing construction falls short of meeting this rather lenient requirement. For
truly functional sound isolation, the floor/ceiling construction should provide an NIC or
STC rating of at least 55, applicable to buildings in quiet environments such as this
one [see, for example, p. 10-12 of "A Guide to Airborne, Impact, and Structure Borne
Noise Control in Multifamily Dwellings" , U.S. Department of Housing and Urban
Development, Washington, DC, September 1967. A copy of this page is attached].
2. Footstep Impact Sound Levels
The performance of the floor/ceiling construction between the units with regard to
footstep noise can be realistically determined by comparing the sound level produced
by a person walking on the floor with that of the background noise that exists in the
receiving room below when no one is walking or making other loud sounds in the
building. Since there was an area rug in the upstairs room, it was possible to
measure the impact noise for the hard floor as well as the carpeted floor
simultaneously. The walker was Andy Kramer wearing hard soled shoes.
The results of these tests are tabulated below. Levels listed are average values of
repeated tests and use of the "fast" meter response of the sound level meter.
Test Condition dBA dBC dBL
Ambient Noise 30 41 49
Walker on Carpet 32 69 80
Walker on Wood 46 63 73
These results indicate that walking sounds are well above ambient noise levels
except for the high frequency noise reflected in the A-weighted reading with the walker
on the carpet. Walking on the carpet, however, magnifies the low frequency noise as
reflected in ther C-weighted and L [linear] readings. This somewhat surprising effect
is believed to be due to resonances created by the weight of the walker and effective
spring provided by the resilient floor structure in combination with the carpet/pad
covering.
Klaus Kleinschmidt PE / Consulting Engineer in Acoustics and Noise Control
50306 / A. Kramer
6 October 2005
Page 3
3. Entry Area
Two negative aspects of the noise issues of the common entry area of the building
are the lack of sound absorbing materials and the poor quality of the entry door to your
unit. The door is a wood panel door of lightweight construction suitable for an interior
door within a dwelling and there are no gaskets to seal the door to the frame when it
is closed.
RECOMMENDATIONS
The rather poor noise isolation performance of the floor/ceiling construction is typical
of wood frame buildings with no special provisions. Improving the situation involves a
serious construction effort.
The floor/ceiling noise transmission issues can be addressed in two ways. One is to
change the floor construction and the other is to change the ceiling construction.
Changing both would provide insurance but would not be cost effective.
1. New Floor
Add a minimum of 1 1/2 in. thick gycrete or other solid material of equivalent weight
per sq ft to the existing subfloor. For wood, tile, or vinyl finish floors install a.resilient
mat such as Enkasonic [contact Colbond 800.365.7391 / www.colbond.com]on top of
the Gyperefe [contact Maxxon CPN Inc. 800.437.3232 / www.maxxon.com]. A thin
subfloor layer would be needed for tile and vinyl finishes. For carpeted rooms only the
carpet and heavy duty pad are needed on top of the Gyperete.
2. New Ceiling
Remove the existing ceiling layer. Cut a 1/2 in. wide continuous slot in the walls just
below the joists - it will be located behind the new suspended ceiling. Fill all joist
spaces completely with fibrous insulation, either fiberglass or rockwool - thickness
should be 1 in. less than joist depth. Install spring hangers on sides of joists per
manufacturer's directions [one such product is Kinetics Model ICW - see attached
catalog cut]. Hang two layers of 5/8 in. thick gypsum wall board [GWB] from the
hangers keeping a small gap at the perimeter of the ceiling. Fill gap with non-
hardening sealant and provide a crown molding to hide the joint. Fully seal any
Klaus Kleinschmidt PE / Consulting Engineer in Acoustics and Noise Control
50306 / A. Kramer
6 October 2005
Page 4
electrical boxes or lighting fixtures air tight before installing equipment.
3. Entry Area
Replace the condo unit entry door with a solid core wood or insulation filled hollow
metal door. Fully gasket the door perimeter as described in the attached notes.
Reduce reverberation effects in the stair well by either carpeting the landings and all
of the stairs using carpet with a pad or hanging sound absorbing wall panels on the
walls evenly distributed and covering at least 50% of the exposed wall area [do not
count the ceiling or floor area]. The panels should have the following acoustical
properties: NRC 0.75 minimum per ASTM C423 and mounting condition A per ASTM
E795. Suitable materials are available from the firms listed in the attachment.
If you have any questions please call me at 978.368.7571 or contact me via e-mail at
ksquare@comcast.net.
Quietl rsti�
Klaus Klein midt, P.E.
Project M ager
Enclosures
I(
A` {
4: +
NOTES
§ Table 10-3 includes most of the floor-ceiling assembly combinati
a,''und in multifamily buildings as well as some which are clearly and
� - able for several reasons. In addition, the importance of impact nois
insulation is emphasized by giving separate criteria for reciprocal
functional relationships.
TABLE 10-3. Criteria for Airborne and Impact Sound Insulation
R
of Floor-Ceiling Assemblies Between Dwelling Unita
Partition Function Between Dwellings Grade 1 Grade II Grade I
7' Apt. A Apt. B STC 1IC STC IIC STC
Bedroom above Bedroom 55 55 52 52 48
Living room above Bedroomsa 57 60 54 57 50
Kitchen above Bedrooms ' a ' 4 58 65 55 62 52
Family room above Bedrooms ' a ' 6 60 65 56 62 52
Corridor above Bedrooms ' a 55 65 52 62 48
Bedroom above Living root? 57 55 54 52 50 4
a Living room above Living room 55 55 52 52 48
Kitchen above Living room a ' ° 55 60 52 57 48 5
Family room above Living rooms ' a ' s 58 62 54 60 52 5i
Corridor above Living room ' a 55 60 52 57 48 5 ;.
Bedroom above Kitchen ' 4 ' a 58 52 55 '50 52 ,
Living room above Kitchens " a , s 55 55 52 52 48 4
Kitchen above Kitchen 52 55 50 52 46 48
Bathroom above Kitchens ' a ' 4 55 55 52 52 48 4&,
Family room above Kitchens ' 2 , 4 , s 55 60 52 58 48 54".
Corridor above Kitchens ' s ' 4 50 55 48 52 46 48';
Bedroom above Family rooms ' ° 60 50 56 48 52 46
Living room above Family rooms ' a 58 52 54 50 52 48 .
Kitchen above Familv room ' a 55 55 52 52 48 50
Bathroom above Bathroom° 52 52 50 50 48 40
Corridor above Corridor' 50 50 48 48 46 46.
NOTES; RE: TABLE 10-3 .
1. The most desirable plan would have the floor-coiling assembly }
separating spaces with equivalent functions, e.g, living room above
living room ate. ; however when this arrangement is not feasible the
assembly must have greater acoustical insulating properties.
2. This arrangement requires greater impact sound insulation thany
the converse, where a sensitive area is above a leas sensitive area.
3. 0r dining, or family, or recreation room.
4. See text for proper vibration isolation of plumbing fixtures
and appliances.
5. The airborne SIC criteria in this table apply as well to
vertical partitions between these two spaces.
6. This arrangement requires equivalent airborne sound insulation
and perhaps less impact sound insulation than the converse.
7. See text for proper treatment of staircase halls and corridors.
10-12
CITY OF SALEM, MASSACHUSETTrY Or SAL 11,11A
BOARD OF APPEAL CLER'K'S 6 ; IeE
120 WASHINGTON STREET, 3RD FLOOR
SALEM, MASSACHUSETTS 01970
STANLEY J. LISOYICZ, JR- TELEPHONE: 978.745-9595 1004 AUG 24 P 3 08
MAYOR FAX: 978-740-9846
DECISION OF THE PETITION OF GEORGE OUEENAN.REOUESTING A SPECIAL
PERMIT FOR THE PROPERTY LOCATED AT 68=70 SCHOOL STREET R-2
A hearing on this petition was held August 18, 2004 meeting with the following Board
Members were present: Nina Cohen Chairman, Stephen Harris, Bonnie Belair, Edward
Moriarty and Joseph Barbeau. Notice of the hearing was sent to abutters and others and
notices of the hearing were property published in the Salem Evening News in
accordance with Massachusetts General Laws Chapter 40A.
At the request of the Petitioner's Attorney, George Atkins the Salem Board of Appeal
voted 5-0, to grant leave to withdraw this petition without prejudice requesting a Special
Permit to expand an existing nonconforming use of a 4 unit residential structure by
allowing a detached single family to be built on the lot and a Variance to allow two
principal uses for one lot for the property located at 68-70 School Street located in an R-
2 zone.
GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE
August 18, 2004
Nina Cohen, Chairman
Board of Appeal
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND
THE CITY CLERK
Appeal from this decision, if any, shall be made pursuant to Section 17 of the
Massachusetts General Laws Chapter 40A, and shall be filed within 20 days after the
date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts
General Laws Chapter 40A, Section 11, the Variance or Special Permit granted herein
shall not take effect until a copy of the decision bearing the certification of the City Clerk
that 20 days have elapsed and no appeal has been filed, or that, if such appeal has
been filed, that it has been dismissed or denied is recorded in the South Essex Registry
of Deeds and indexed under the name of the owner of record or is recorded and noted
on the owner's Certificate of Title.
Board of Appeal
yc
.m
3
�i
CITY OF SALEM BOARD OF HEALTH
Salem, Massachusetts 01970-3928
JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET
HEALTH AGENT Tel:(978)741-1800
February 2, 2000 Fax:(978)740-9705
John Sieczkowski
P.O. Box 75 (8 Overbrook Road)
Middleton, MA 01949
Dear Mr. Sieczkowski
In accordance with Chapter III, Sections 127A and 1276 of the Massachusetts General Laws, 105 CMR 400.00; State
Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter II
Minimum Standards of Fitness for Human Habitation, a reinspection was conducted of the property 70 School Street#2
occupied by Michelle Collins conducted Virginia Moustakis, Sanitarian on Tuesday, February 1, 2000
at 3:30 P.M..
Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility
to notify tenants of lead related reports and tests, and to ensure that this unit complies fully with 105 CMR 460.000 :
Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the
Salem Health Department at 741-1800.
You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report.
Failure on your part to comply within the time specified on.the enclosed inspection report will result in a complaint being
sought against you in Salem District Court. Time for compliance begins with receipt of this Order.
Should you be aggrieved by this Order, yoL have the right to request a hearing before the Board of Health. A request for
said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said
hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this
Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have
the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary
information in the possession of this Board, and that any adverse parry has the right to be present at the hearing.
Please be advised that the conditions noted may enable the occupant(s) to use one or more of the statutory remedies
available to them as outlined in the enclosed inspection report form.
For the Board of Health: Reply to:
Gd qoa"nne Scott Virginia Moustakis
Health Agent Sanitarian
cc: Tenant&Euilding Inspector c/o Tom StPierre,& Mayor's Office c/o Al Viselli
Certified Mail # Z 594 524 984
JS/sjk c-h-violet
Pagel of
State Sanitary Code, Chapter 11: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant : xlc�&42E Phone:
Address: 70 Apt.# D _ Floors_
Owner: -"/,(A/ ,����.,.,�,�,, �K/ Address: oa i4ox y,jr-�8 aexA nog ,Q�)
i� co<e 22k- 0/9 f9
Inspection Date: Time:
Conducted By: v4Jzar;�akts Accompanied By:-zvnoS�PPe�e
�7aN.vS/eey�duuK/ %
Anticipated Reinspection Date:
Specified Time Reg.#410.. Violation(S)
Based on a tenant complaint a4%nif—tion was conducted in accordance
with Article II of the State Sanitary Code 105 CMR,410.000.
Upon inspection the following were noted:
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Dc4 lgo,
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One or more of the above violations may endanger or materially impair the health
safety, and well being of the occupant(s)
Code Enforcement Inspector
Este es documento legal importante. Puede que afecte sus derechos. _Q;. -
i
Appendix II (14)
Legal Remedies for Tenants of Residential Housing
The following is_a brief summary,of some of the legal remedies tenants may use in order to get
housing code violations corrected
1. Rent Withholding(Massachusetts General Laws,Chapter 239, section 8A): If Code Violations Are Not
Being Corrected you maybe entitled to hold back your rent payments. You can do this without being evicted if:
You can prove that your dwelling unit or common areas contain code violations which are serious
enough to endanger or materially impair your health of safety and that your landlord knew about the
violations before you were behind in your rent.
You did not cause the violations and they can be repaired while you continue to live in the
building.
You are prepared to pay any portion of the rent into court if a judge orders you to pay it. ( For this,
it is best to put the rent money aside in a safe place)
2. Repair and Deduct(Massachusetti!General Laws, Chapter III,section 127L): The law sometimes allows
you to use your rent money to make the,'repairs youiself. If your local code enforcement agency certifies that
there are code violations which may endanger or materially impair your health, safety, or well-being, and
your landlord has received written notice of the violations,you may be able to use this remedy. If the owner
fails to begin necessary repairs(or to enter into a written contract to have them made)within five days after
the notice or to complete repairs within 14 days after notice,you can use up to four months rent in any year
to make repairs.
3. Retaliatory Rent Increases or Evictions Prohibited (Massachusetts General Laws, Chapter 186, section
18,and Chapter 239, Section 2A): TL e owner may not increase your rent or evict you in retaliation for
making a complaint to your local code enforcement agency about code violations. If the owner raises your
rent to try to evict within six months after you have made the complaint,he or she will have to show a good
reason for the increase or eviction which is unrelated to your complaint. You may be able to sue the landlord
for damages or if he or she tries this:'
4. Rent Receivership (Massachusetts General Laws Chapter II, section 127 C-H): The occupants and/or the
Board of Health may petition the District or Superior Court to allow rent to be paid into court rather than to
the owner. The court may then appoint a"receiver"-who may spend as much of the rent money as is needed
to correct the violation. The receiver is not subject to amending limitation of four months'rent.
5. Breach of Warranty of Habitability: You may be entitled to sue your landlord to have all or some of your ,
rent returned if your dwelling drundoes not meet minimum standards of habitability.
6. Unfair&-Deceptive.Practices.(Massachusetts.General.L'aws,.Chapter 93A) Renting an apartment with _
code violations is a violation of the consumer protection act and regulations, for which you may sue an
owner.
The information presented aboveis-only a summary of-the law. Before you decide to withhold rent or take any
other legal action, it is advisable that you consult an attorney.If you can not afford to consult an attorney, you
should contact the nearest legal services office, which is
Neighborhood Legal Services
37 Friend Street
Zyiin;MA.--'61402
(781)=599-7730
coewr
3 m
e �
CITY OF SALEM BOARD OF HEALTH
Salem, Massachusetts 01970-3928
JOANNE SCOTT,MPH,RS,CHO October 61999 NINE NORTH STREET
,
HEALTH AGENT Tel:(978)741-1800
John Sieczkowski Fax:(978)740-9705
P.O. Box 75(8 Overbrook Road)
Middleton, MA 01949
Dear Mr. Sieczkowski :
In accordance with Chapter III, Sections 127A and 127B of the Massachusetts General Laws, 105 CMR 400.00; State
Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter II:
Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property located at 70 School
Street #2 occupied by Michelle Collins conducted by Virginia Moustakis, Sanitarian on Tuesday,October 5,1999 at
1:30 P.M..
Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility
to notify tenants of lead related reports and tests,and to ensure that this unit complies fully with 105 CMR 460.000:
Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the
Salem Health Department at 741-1800.
You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report.
Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being
sought against you in Salem District Court. Time for compliance begins with receipt of this Order.
Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for
said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said
hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this
Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have
the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary
information in the possession of this Board, and that any adverse party has the right to be present at the hearing.
Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory remedies
available to them as outlined in the enclosed inspection report form.
For the Boardof HReply to:
goanIne ScottVirginia Moustakis
Health Agent / Sanitarian
cc:Tenant, Plumbing/Gas Inspector, Building Inspector, Fire Prevention, Councillor Sally Hayes,
Mayor's Office clo Al Viselli
Certified Mail#Z 594 524 925& Regular Mail to Owner
Delivered in Hand by Constable Virginia Moustakis onWednesday.October 6, 1999.
JS/sjk o-h4olet
*Constable also delivered for Building Department letter to John Sieczkowski dated
October 6, 1999 and signed by Thomas StPierre.
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-• - .•• .• • • - • - • - • • :11
4 777-
Appendix II (14)
Legal Remedies for Tenants of Residential Housing
The following is a brief summary of some of the legal remedies tenants may use in order to get
housing code violations corrected
1. Rent Withholding(Massachusetts General Laws, Chapter 239, section 8A): If Code Violations Are Not
Being Corrected you may be entitled to hold back your rent payments. You can do this without being evicted if:
You can prove that your dwelling unit or common areas contain code violations which are serious
enough to endanger or materially impair your health of safety and that your landlord knew about the
violations before you were behind in your rent.
You did not cause the violations and they can be repaired while you continue-to live in the
building.
You are prepared to pay any portion of the rent into court if a judge orders you to pay it. ( For this,
it is best to put the rent money aside in a safe place)
2. Repair and Deduct(Massachusetts General Laws, Chapter III, section 127L): The law sometimes allows
you to use your rent money to make the repairs yourself. If your local code enforcement agency certifies that
there are code violations which may endanger or materially,impair your health, safety,or well-being, and
your landlord has received written notice of the violations,you may be able to use this remedy. If the owner
fails to begin necessary repairs (or to enter into a written contract to have them made)within five days after
the notice or to complete repairs within 14 days after notice,you can use up to four months rent in any year
to make repairs.
3. Retaliatory Rent Increases or Evictions Prohibited (Massachusetts General Laws, Chapter 186, section
18,and Chapter 239; Section 2A): The owner may not increase your rent or evict you in retaliation for
Making a complaint to your local code enforcement agency about code violations. If the owner raises your
rent to try to evict within six months after you have made the complaint,he or she will have to show a good
reason for the increase or eviction which is unrelated to your complaint`You may be able to sue the landlord
for,damages or if he or she tries this.
4. Rent Receivership (Massachusetts General Laws Chapter II, section 127.C-H): The occupants and/or the
Board of Health may,petition the District or Superior Court to allow rent to be paid into court rather than to
the owner. The court may then appoint a"receiver"who may spend as much of the rent money as is needed
to correct the violation. The receiver is not subject to a spending limitation of four months'rent
- 5. Breach of Warranty of Habitability: You may be entitled to sue your landlord to have all or some of your
rent returned if your dwelling unit does not meet minimum standards of habitability.
6. Unfair& Deceptive Practices (Massachusetts General Laws, Chapter 93A) : Renting an apartment with
code violations is a violation of the consumer protection act and regulations, for which you may sue an
owner.
The information presented above is only a summary of the law. Before you decide to withhold rent or take any
other legal action, it is advisable that you consult an attorney. If you can not afford to consult an attorney, you
should contact the nearest legal services office, which is
Neighborhood Legal Services
37 Friend Street
Lynn,MA. 01902
(781)7599-7730
14
CITY OF SALEM HEALTH DEPARTMENT
Nine Norm Street Page
Salem, Massachusetts 01970
// Date:
Name: MAC4� � e ro"41ke Address:Z
Specified Time Reg.#410.. Violation(s)
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Page
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Date:_____________
Address:
Name:
specified Time Reg-#410-- Violation(s)
Citp of 6alem, j+1a,5garbuq;ett5
j9ublic Propertp Mepartment
JRuilbing Mepartment
One balem&reen
(978) 745-9595 Plxt. 380
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
October 6, 1999
John Sieczkowski
P.O. Box 75 (8 Outlook Road)
Middleton,Ma. 01949
RE: 70 School Street
Dear Mr. Sieczkowksi:
As a result of an inspection conducted on Tuesday, October 5, 1999 at your property
located at 70 School Street. The following violations need to be corrected;
Heat- Gas to space heater has been shut off and condemned by Gas Inspection, John
LeClerc. Must be taken car of immediately.
Roof leak—A temporary patch to be done within seven (7) days.
Please contact this office when these items are complete.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Thomas St. Pierre
Assistant Building Inspector
PROM t JOHN J. S[ECZKOWSKI-, CPA PHONE N0. 978 774 7170 Jan. 26 1999
09:12AM P1
JOHN J. SIECZKOWSKI
E*HT OVEROROOK ROAD
MIODLETON. MASSACHUSETTS 01949
(978) 774-7170
Rct P55
larolac�
January 28, 1999
Michelle Collins
70 8ahoo3Street Apt::.s2'
Salem,„Mas.sachuset,ts�019'T p�
Dear Michelle:
I have attempted to contact you via telephone the past few days
Without any success . I left a message on your answer machine on
Tuesday evening, January 26, 1999 to which you did not respond and
have tried to call numerous times yesterday and today during times
you are usually home and the phone just rings.
My general contractor who did the roof repairs also had difficulty
gaining .aecess to your apartment to check on repairs even though your
car was parked in front of the house. We he finally made contact
with you, you informed him that your door bell does not work. I was
not aware that the door bell was broken and if it is please let me
know and I will get an electrician to repair it.
The general contractor, Richard Grabowski, would like to repair both
the living room and den ceilings during the week of February 1, 1999
and he will call you to schedule a time when he can gain access to
your apartment . Since it is so difficult to get work done these days
with all contractors being very busy due to a booming economy, please
make sure you or a friend or relative will be available to let him
in.
Very truly yours,
John J. Sieczkowski
Via Certified Mail# Z 123 099 528
cc: Thomas St. Pierre, Assistant Building Inspector✓ '
Virginia Moustakis, City of Salem Board of Health
Daniel F. Lenzo, Esquire
Citp of 4balem, A1aggarbu!5ett!g
ry j Public Propertp Department
�3uilbing Department
One balem &reen
(978) 745-9595 (Ext. 3S0
Peter Strout
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
December 30 , 1998
John Sieczkowski
8 Overbrook Road
Middleton, Mass . 01949
RE : 70 School Street
Dear Sir:
On December 29 , 1998 , I was asked by our Health
Inspector, Virginia Moustakis , to inspect your property
located at 68-70 School Street . Specifically, the
apartment rented by Michelle Collins .
The ceiling over her living room and the leak that
caused it , must be repaired immediately.
Please contact this office upon receipt of this
letter .
After this immediate problem is taken care of, I
would like to schedule an on site visit with you to
discuss other problems with your building .
Thank you in advance for your anticipated cooperation
in this matter .
Sincerely,
Thomas St . Pierre
Assistant Building Inspector
TJS : scm
cc: Health Department
.. MAR 09 '99 09: 28 AM SALEM HEALTH +5087409705 Page 1
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MAR 09 .99 09: 30 AM SALEM HEALTH ♦5087409705 Page 4
FROM JOU J. SIF"ZKOdSKI, CPA PHONE NO. 97$ 774 7170 Mar. 04 1999 02:49F'I`I P3
99*1
NO. .. ._ . ,..
Rick Grabowski - Contractor 2114199
DATE: . ... . . _. . .. ...... ....
' PO BOX 8821 YOUR ..._ ....
ORDER NO .. . .._.. .._..........._......,.
Salem, MA 01970 OUR
ORDERNO. .... :..__..__. .._.... _........ . .......
NY John Sieczkowski
6Overbrook Road
Middleton, 01949 This bill Is rendered only es
an accommodeIoon
Terme are net cash and
pa ablC OA
resenCetiOn
FO6ER LAsoR AND MES RJANISHED ON
70 Scholl Street, Salem
9� n9
of water damaged ceik and wall
Repan
Coating of two ceilings with flat ON latex paint
Repair to tont hallway floor and walls
$375.00
ORIGINAL LITHO w u.5 A.
15/0PS FORM 3833 �pq_ M
MAR 5 1999
CITY OF SALEM
HEAUN DEFT•
,MAR 09 '99, a9: 29 AM SALEM HEALTH -50874D9705
FROM : 1U0 S. SIEC.LYOUW I, CFH FHONF NO. : 978 774 7170 filar. 04 1999 02;49FP1 F2
FROM: i INVOICE
NO 99-1.1
Rick Grabowski - Contractor DATE:YOUR
PO BOX 8821 ORDrA NO...
OR
Salem, MA 01970 ORDER NO, .__.. ..... . . .... - ..�
W John Slecndowski
8 Overbrook Road
This bO is rendered only as
tion
NNddeton, MA 01949 an accummodaSh a
Terms are net cash and
payable on presentation
IFOR LABOR AND SERVICES FURNISHED UN
'10/5ftod Street, Salem
ergency repair of roofing and chimney flashing
on Qouthi side of house;
Installation of chimney cap;
Removal and disposal of roofing material; l`^
$435.00
Wr—..,._.IM MW 3893 OgIGINAL LITHO IN us n
MAR 5 1yy9
CITY OF SALEM
WEALTH DEFT'
,. MAR 09 '99 09: 29 AM SALEM HEALTH +5097409705
- Page 2
7Yo '?ttyG
FROM : JOHN J. S1EC.ZK0(,SK1, CPA ( NONE NO. : 978 774 7170 "lar-. 04 1999 CQ;4&P111 FS
JC)H1\3 J. F3iECZKC)WSKI
MAR 5 195
CICHT OVERFYRDQK F(iJAv
CiTyoFSALEM MIDDLETON. MASSACHU9E7Y5 0194
HEALTH DEPT, (9'4$) 774.7170
DATE March 4 , 1999
FACSIMILE TRANSMISSION
TO: Virginia MouStakis
COMPANY: City of Salem Board of Health
FAX N0: 978-740-9'705
RE: R(I)airs done at 70 .School, Street to ,date)__
FROM 6 John J. Sieczkowsk9
NO, OF PAGES INCLUDING THIS SHEET 3
Please notify JOHN .J. SIECZK0WSKT if there are any problems with this transmission
COMMENTS: Following are cops?s of two paid hills Cencerr,in�eaal.r
work done at the Collins apartment and Sront bull, at 70 School Street '.