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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: L N 00 c' E n etelq v e o ,✓ -r- Dc4 lgo, cS P N Ile- cc.- cc: e A s 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. � tilryr • •Mel . • 1 1 111 lie a / �®VMS / /va /r ' M,.. . i / ► / -® ME RM / / /r %�/'. � S• • %_' iiv ♦ ..i ' / /iii.' RG/ � lr Mwzj L r� � • - • • - • . •• • . • - •. • - • - G. - -• - .•• .• • • - • - • - • • :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) N •aoo N a-MIJOL o e ° / aeltzt ° e 0 �— C7/4aV Q S 3 aG V. /Re key ��y Gni j Cod�ver ,e, c vtsec." I7T •F y. �'• x %' R 4 t .. . U Page Of 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 vp,i tl �,�,ti .':a .'1.1117 4 To: ...,........ '......... ....... ....._......... Fax: `lye......9 .Sfb......................................... ...... .. From: G_cw. k�.l?lkall)ar4/5,...Sp/rrn..cad d.of._f/a�rrr............. Date: I�IAc�,h..._9.IQQY....._..._.. . . ......... ................ . ....... .... ......... Pages: page(s) including this page. fax ,nrrr, r dnh,I... Joanne 5cOtt, MPI,, R5.(MO Nealth 6grni Sakur Bund of Il,�ahA 9 NnrtN Sirzt� Sahn,.Ma.019 iG (918)741�IN00 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 '.