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CITY OF SALEM MASSACHUSET'T'S
BUILDING DEPARTMENT
��rgpr 120 WASHINGTON STREET, 3'D FLOOR
TEL: 978-745-9595
KIMBERLEY DRISCOLL FAx: 978-740-9846
MAYOR
THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMNIISSIONER
September 25, 2013
Rev. Daniel J. Riley, Pastor
Roman Catholic Archdiocese of Boston
28 St. Peter Street
Salem, Massachusetts 01970
RE: 28 St. Peter Street(St. John the Baptist Convent),
The ensuing communication shall serve as our follow-up to our September 18, 2013; Required
Inspection conducted under the provisions of 780 CMR, Section 104.6—Right of Entry, of the State
Building Code. The inspection was conducted on Wednesday, September 18"i, present were
Ms.Teresa Prochorski of St. John the Baptist Parish, Mr. Obed Blaise, your property
representative and myself. Violations regarding hallways and stairwell egresses, shall corrected
immediately upon receipt of this letter this department thanks you for your direct attention to that
matter. It is noted by this Department that the non-functioning emergency lights noted below
have been repaired and are functioning at time of this letters release.
Therefore, under the authority of the Mass State building code 780 C.M.R, you are directed to address the
following:
1- Exit Stairways section 1020.1—"an exit shall not be used jbr any purpose that interferes with its
f:tnction as a means of egress" Exit stairways can have no chairs, desks, boxes, or be used for
storage of objects at any time as was the situation and noted at the time of inspection.
2- Corridors section 1018- Corridors leading to exits are also not to be used for any purpose that
interferes with the path of egress. Also, Combustible materials, maintenance materials, desks, chairs
and other materials cannot be stored in the hallways.
3- Exit passageways-section 1023. The exit passageways (approach to the exit doors inside
the units cannot be less than 36". In the area of the doorways it is requested to make sure
there are no loose materials or furniture which can tip easily and reduce or obstruct the
doottivays.
4- Wedges and objects of any kind are not permitted to be used to restrict doors from closing
by the installed door closers at the head of the doors at all egress hallways and stairways.
4
CITY OF SALEM, MASSACHUSETTS
BUILDINGDEPARTMENT
��rnso 120 WASHINGTON STREET, 3RD FLOOR
TEL: 978-745-9595
KDaERLEY DRISCOLL FAx: 978-740-9846
MAYOR
THOMAS ST.PIERRE
DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER
5- Mattresses stored in the basement are shall be removed.
6- No propane storage shall be permitted in the building at any time.
7- First Floor Living Room —Shelf and brackets shall be removed that is located below
emergency exit light on wall.
8- First Floor Living Room —Emergency lights not f mctioning(Corrected at time of this
letter's release)
9- First Floor Corridors and Common Space -Emergency lights not fimctioning(Corrected
at time of this letter's release)
10- Second Floor Corridors and Common Space-Emergency lights not fimctioning
(Corrected at time of this letter's release)
H- Lever hardware installed on all egress doors to the outside and stairwells.
12- Second Floor Lavatory—Bathroom fan not fimctioning.
13- Confirm functionality and date on all smoke detectors and replace or clean as required.
You are hereby ordered to begin to rectify these conditions within 30 days upon of receipt of this notice.
Failure to do so may result in further actions being brought against you, up to and including the filing of
criminal complaints at District Court.You have the right to appeal this order to the State Board of Building
Regulations at One Ashburton Place, Boston, Ma.
If you have any questions regarding this letter, please contact the Building Inspectors Office at
(978) 745-9595, extension 5648.
Respectfully,
Michael E. Lutrzykowski
Assistant Building Inspector
STs JOHN THE BAPTIS717 PARISH
28 St. Peter St., Salem, Mass 01970
Tel- 1(978) 744-1278 - FAX= 1(978) 744-2093
June 15, 2012
Mr. Thomas St. Pierre
Building Commissioner
City of Salem
120 Washington Street
Salem,MA 01970
Dear Mr. St. Pierre:
We are writing in response to your letter dated June 7, 2012 regarding the concert that was
recently held in our school hall. Please know that we were informed by Mr. Stu Ginsberg that he
had obtained all' the necessary licenses and permits from the City regarding this event.
Unfortunately we were not aware that this concert was attracting such a large crowd. In fact, it
wasn't until a feature article was in the Salem News on Thursday, May 24th that we realized this
concert was such a big attraction. You can be assured we had no idea that Mr. Ginsberg had
previously contacted you about holding concerts in our school hall and you informed him his
efforts would not be supported.
We offer our deepest apologies for putting your office in such an uncomfortable position in
deciding to allow this event to take place. We acknowledge it is our responsibility to discern
what type of function we permit to take place on our premises. We take very seriously the
welfare and safety of anyone who is on parish property. Our parish was under the impression we
would be helping to raise funds for needy children in the Salem schools.
We will, of course, abide by your directives outlined in your letter to us. Our wish is to have
continued success and mutual respect in any and all dealings with the City of Salem.
Very truly yours,
Rev. Msgr. Stanislaw Parfienczyk
Pastor
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WHITAKER
Taking you to the next level
Stairlifts • Residential Elevators • Handicap Accessibility
Mr. Frank DiPaolo
'.` Salem Building Inspector
Salem Town Hall
Salem, MA 01970
t" Dear Mr. DiPaolo:
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RE: St. Peter Church
I have enclosed a copy of the Elevator Mechanic License for the Department of Public
Safety for the Commonwealth of Massachusetts.
This is issued to Mark E. White and expires 6/14/04.
We are subcontracted by Operation Independence for the installation of a Wheelchair Lift
for St. Peter's Church.
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"•` Any questions you may have please call.
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Sincerely,
MyE en enney
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6 Industrial Road, Milford, MA 01757
800-752-0163 • 508-634-2400 • Fax 508-634-4300 • www.stairlift.com
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-WHITAKER
Taking you to the next level
Stairlifts • Residential Elevators •Handicap Accessibility
: \ ew �Oo�vma o�'✓llamac/mfelta
DEPARTMENT OF PUBLIC SAFETY
License: ELEVATOR MECHANIC LICENSE
Number: EM 005729
Birthdate: 06/14/1966
Expires: 06/14/2004 Tr.no: 538
Restricted: 00
MARK WHITEp
438 S MAIN ST#A
ATTLEBORO, MA 02703 Commissioner
6 Industrial Road, Milford, MA 01757
800-752-0163 • 508-634-2400 • Fax 508-634-4300 9 www.stairlift.com
LEASE
THIS INDENTURE made the FIRST day of August in the year
one thousand nine hundred and seventy-nine , between the
ROMAN CATHOLIC ARCHBISHOP OF BOSTON, a corporation sole
duly organized , in behalf of St . John the Baptist herein-
after called the "Lessor" , and the ,NORTH SHORE SPECIAL EDUCATION
CONSORTIUM, organized pursuant to Gen . Laws , Chapter # 40 ,
Section 4E, situated in Essex County, Massachusetts , herein-
after called the "Lessee" .
WITNESSETH, that in consideration of the covenants herein
contained on the part of the said Lessee to be kept and
performed by the said Lessee , Lessor does hereby lease unto
the said Lessee for non-profit school purposes the following
areas of St . John the Baptist Parish and School in Salem,
Massachusetts , to wit :
The areas of the school consisting of nine (9) classrooms ,`
(6 , 426 sq. ft . ) , principal 's office and nursing office (550 so .
ft . ) , teacher ' s room (16S sq. ft . ) , . a total of 7 ,141 sq. ft. ,
for a period of five (5) days per week, Monday through Friday;
commencing July 1 , 1979 .to June 30 , 1981 , a period of twenty-
four (24) months .
As appurtenant to the occupancy of said classrooms, the
Lessee shall enjoy the use in common with the Lessor , common
halls in leased area , the library, cafeteria , lavatories , work-
ing facilities , storage areas , out -door play area, parking
spaces for staff parking and access for the delivery and pickup
of children.
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It is understood and agreed by the parties hereto that the
occupancy by the Lessee of the premises herein demised is to
administrate and conduct classes for non-profit school programs
for special education of exceptional children . Such classroom
programs to commence at approximately 7 : 30 a .m. and terminate
at approximately 3 : 00 P .M. on Monday through Friday of each
week during the term of this lease . Office administration area
shall commence at 7 : 30 a .m. and terminate at approximately
5 : 30 p.m. , Monday through Friday. -
Additional use of the leased premises will be enjoyed by
the Lessee for school connected activities other than at
regular school hours herein specified by mutual agreement of the
parties upon written notification by Lessee to Lessor giving
at least one (1) week notice , unless such proposed additional
use would unreasonably interfere with scheduled use of said
premises by Lessor.
The Lessor reserves the right to use the premises at all
times other than stated above for regularly scheduled CCD
class and any other parish activities , providing also that the
Lessor shall have the right to use the premises providing that
such use does not conflict with the Lessee ' s scheduled program
and activities as herein agreed to.
The Lessor shall , at its own expense ; maintain, in good
and satisfactory repair , the boilers , all heating and plumbing
systems , the interior communication system, the roof and outside
walls and to make such interior structural repairs as may
be required , including all wiring and electrical maintenance to
the point of outlet . The Lessee shall make all repairs other
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than those hereinfore expressly specified and shall make all
usual lighting replacements and all ordinary repairs to the
plumbing system. The Lessor shall also be responsible for
snow plowing and snow removal excepting any hand shoveling
of snow near entrances and exits and stairs .
The Lessee shall provide and pay for all fuel , electricity,
gas , water , sewage required in the leased premises in addition
to the rent reserved. The Lessee shall pay the cost of all
telephone service connected with the Lessee ' s program plus
the cost connected with the installation and removal of same.
In the event that the Lessee shall plan to install any
fixed equipment or building changes required by the program' s
activities, which equipment cannot be removed without damage
to the property, permission shall first be obtained from the
Lessor before installation. It is also agreed that the cost
of such fixed equipment shall be borne by the Lessee and shall
become the property of the Lessor upon termination of the lease
period . The Lessor agrees that such permission will not be
unreasonably withheld.
The. Lessee shall pay for the cost of the removal and
storage and reinstallation of any furniture or equipment moved
or changed by the requirements of the Lesse`s ' s program. The
removal , relocation or reinstallation of such furniture-
equipment shall be by mutual agreement.
The Lessor , in consideration of the amount paid by the
Lessee during the term of the lease, hereby allows the use of
all existing student desks, chairs, tables , teachers ' desks ,
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tables , chalkboards , tackboards , maps , globes , storage and
shelving accomodations plus any other accessory furniture ,
equipment and fixtures presently located at the premises and
in place. The Lessee agrees to return such items above at the
expiration of the terms of this lease, reasonable wear and
tear excepted.
The Lessor agrees that any such custodial services
required by the parish use of cafeteria area and library area
for CCD classes shall be provided and paid for by the Lessor
and these areas will be left clean for the Lessee planned
program, as outlined herein.
The parties hereto agree that this lease shall not be
sublet, , subleased or assigned to any other parties during the
term of this lease. However, the.-:Lessor shall have the right
to lease areas of the premises to other lesses provided that
reasonable rights of the Lessee and areas leased herein are
not infringed upon.
The Lessee agrees to pay the Lessor , therefore as con-
sideration for this lease, the sum of Fifteen Thousand
($15 ,000. 00) Dollars annually for the period indicated,
payable Twelve Hundred Fifty Dollars ($1250 . 00) on the first
day of each month commencing July lst , 1979 and thereafter
through June 1 , 1981 , making a total of $30 , 000 . 00 for the
period of twenty-four (24) months , said monthly payments
shall be payable to the current pastor of St . John the Baptist
School , St . John the Baptist Parish as agent for the Lessor
and the Lessee does covenant with the Lessor that said Lessee
will , during such term and for such further time as the Lessee
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shall hold the said premises or any part thereof, pay unto
the pastor of St . John the Baptist as aforesaid, the consid-
eration herein set forth and that it will keep the leased
premises and equipment in such repair as the same are at the
commencement of said term or may be put in by the Lessor during
the continuance thereof, reasonable use and wear and damage
by accidental fire or other unavoidable accidents excepted,
and further that it will hold the Lessor harmless and free
against any injury, loss or damage to any person or property
on or about the leased premises caused by any act or omission
of the Lessee or its servants . The Lessee further covenants .
and agrees to restore, repair or replace any furniture,
furnishings, fixtures or equipment of the Lessor in the
premises herein demised which might be lost, damaged or
destroyed during the term of this lease , or any extension
thereof, by any act or omission of the Lessee or its agents
or servants .
It is further understood by and between the Lessor and
Lessee that, the consideration for the lease in the amount of
Fifteen .Thousand (�1s , 000 . 00) Dollars annually is based on the
fact that there is no real estate taxes paid by the Lessor
to the City of Salem on the leased premises and it is further
agreed by the Lessor and the Lessee that in the event that the
leased premises become subject in whole or in part to real
estate taxes , payable to the City of Salem then and in that
event only, the consideration for this lease shall be increased
by the sum equal to the sum of the net real estate taxes
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actually assessed by and payable to the City of Salem.
Not withstanding the above it is further agreed that the
sum of Fifteen .Thousand ($15 , 000 . 00) Dollars is for use of
all nine (9) classrooms , the principal ' s office , nursing office ,
and teachers room a total of 7 ,141 sq. ft . In the event that•
a portion of the above area is not used by choice of either
the Lessor or the Lessee, .the rent shall be adjusted accordingly
at the rate of $1 . 90 per sq. ft .
INSURANCE :
Lessee agrees to obtain and maintain comprehensive public
liability insurance with limits for personal injury of $300 ,000
each occurrence and $300, 000 aggregate and for property damage
of $50 , 000 each occurrence and $ 50 ,000 aggregate . Lessee also
agrees to obtain and maintain premises Medical Payment lnsur-
ance , $ 50 , 000 each person and $25 , 000 each occurrence .
The Lessee shall obtain and maintain insurance for loss
or damage by fire , theft and said extended coverage casualties
on its respective personal property in the premises .
It is agreed that the Lessee shall indemnify and save
harmless the Lessor , its agents and employees from and against
any and all losses including statutory liability and liability
under Workmen' s Compensation Laws in connection with claims
for damage as a result of injury or death of any person
(or property damage to any property) arising from use and/or
operation of the described premises by on or behalf of the
Lessee .
The Lessor and Lessee agree in the event of fire
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loss to waive any rights that it or its insurer may have
against each other .
The Lessee agrees to give thirty (30) days written notice}
to the Lessor in the event of cancellation of any of the above
insurance described and required by this paragraph.
PROVIDED ALWAYS , that in case the premises , or any part
thereof shall , during said .term, be destroyed or damaged by
fire or other unavoidable casualty, so that the same shall
thereby be rendered unfit for use and habitation , then
and in such case the consideration herein above reserved, or
a just proportionate part thereof, according to the nature
and extent of the injury sustained, shall be suspended or
abated until the said premises shall have been put in proper
condition for use and habitation, and in case of such de-
struction or substantial damage which effectively prevents the
use of the leased premises for its intended purposes for a
longer period than three (3) weeks , mhen the Lessor or the
Lessee may terminate the lease. .
And provided also , that these presents are upon con-
dition that if the said Lessee does or shall neglect or
fail to 11 perform and observe any of the covenants contained in
this instrument , which in its part are to .be performed, after
thirty (30) days written notice and failure to correct , then
the Lessor may lawfully, immediately or at any time thereafter ,
and whilst such neglect or default continues, and without
further notice and demand, enter into and upon the said pre-
mises or any part thereof in the name of the whole and repossess
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the same as of its former estate and expel the said Lessee
and remove its effects without being taken or deemed guilty
of any manner of trespass and without prejudice to any
remedies which might otherwise be used for arrears of con-
sideration of preceding breach of covenant and that upon
entry as aforesaid the said term shall cease and be ended.
And the Lessor covenants and agrees with the said Lessee
that it ' s paying the consideration as aforesaid , and per-
forming the convenants herein contained , on its part to be
paid and performed shall peaceably hold and enjoy the said
leased premises without hindrance or interruption by the said
Lessor.
The Lessor and Lessee agree that the Lessee shall have
the option to renew this lease for an additional two (2) year per-
iod- provided mutual agreement can be reached between the parties.
Such notice shall be given by either party at least ninety
(90) days prior to the termination of this lease.
The Lessor further agrees that this lease may be termin-
ated by the Lessee upon written notice sent to the Lessor
giving one hundred twenty (120) days written notice of such
termination. The Lessee Agrees that the Lessor may terminate
the lease by giving the Lessee nine (9) months written notice
*� of such termination.
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IN WITNESS WHEREOF, the said parties have hereunto ,
interchangeably executed this instrument .
ROMAN CATHOLIC ARCHBISHOP OF BOSTON
Corporation Sole in behalf of
St . John the Baptist Parish in Salem
NORTH SHORE SPECIAL EDUCATION CONSORTIUM
by :
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