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11 SUMMER STREET - BUILDING INSPECTION ^ll Summer -Street i °'- CITY OF SALEM PUBLIC PROPERTY DEPARTMENT KIM131.i.M_I Y DRISCOLL bL1TOR 120 WASHINGTON STREET* SALEM,MASSACIi USE'1'fs 01970 Taj_:978-745-9595 ♦ FAX:978-740-9846 Cease and Desist PROPERTY LOCATION 11 Summer Street , Salem May 11, 2009 Rodney Maurice Trustee Jon-Heath RE Trust 11 Appleton Street Salem Ma.01970 Dear Mr. Maurice: Thank you for meeting with me at your property. Several businesses are operating out of the garages at the above property. Our interpretation of the Zoning Code is that these garages are accessory structures (section 7- 3) to the primary multi-family structure on the property and can only be used as to store automobiles and household items. One of your garage tenants is clearly running a metal salvage business. Another tenant is running a commercial cleaning business from his garage. You are hereby ordered to terminate these and other like uses within thirty (days) Failure to do so will result in further actions being brought against you, up to and including the filing of criminal complaints in District Court. If you feel you are aggrieved by this order, your Appeal is to the Salem Zoning Board of Appeals. Sincerely, Th a343t''PReq�* Building Commissioner/Zoning Officer FILE COPY cc: file, Jason Silva, Health Dept, Fire Prevention ° CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3" FLOOR ��fina Cj TEL. (978) 745-9595 FAX(978) 740-9846 K MBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER April 21, 2009 Jon—Heath Realty Trust Rodney A. Maurice-Trustee 11 Appleton Street Salem Ma.01970 Required Inspection-Garages Mr. Maurice, This Department has previously sent you a notice for a"Required Inspection"per section 115 of the State Building Code.We have not heard back from you. Therefore an Inspection is scheduled for Tuesday April 281h at 10:00 A.M. You are directed to have all areas open and available for Inspection. Failure to arrange for this Inspection will result in a Application for Complaint being filed in Salem District Court. If you have any questions, please contact me directly. Thomas St.Pierre Building Commissioner/Director of Inspectional Services Cc Jason Silva,Fire Prevention, Health Department ` CITY OF SALEM, MASSACHUSETTS i BUILDING DEPARTMENT 120 WASHINGTON STREET,3" FLOOR TEL. (978) 745-9595 FAX(978) 740-9846 KIM[3ERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER April 21, 2009 CiO� Jon—Heath Realty Trust Rodney A. Maurice-Trustee I1 Appleton Street Salem Ma.01970 Required Inspection -Garages Mr. Maurice, This Department has previously sent you a notice for a"Required Inspection"per section 115 of the State Building Code.We have not heard back from you. Therefore an Inspection is scheduled for Tuesday April 28"' at 10:00 A.M. You are directed to have all areas open and available for Inspection. Failure to arrange for this Inspection will result in a Application for Complaint being filed in Salem District Court. If you have any questions, please contact me directly. Thomas St.Pierre Building Commissioner/Director of Inspectional Services Cc Jason Silva,Fire Prevention, Health Department • ' �� ' �y �� I tb 3 �4 Titg of 0�81rm, masoar4usetts ' r'o Publir ?Prupertg Ilepatrtment Nuilbing i9epnrtment (One dnlem (6reen 508-735-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 9 , 1996 Joh-Reach Realty Trust Maurice Rodney A Tr. 11 Appleton Street Salem, Mass . 01970 RE: 11 Summer Street Dear Mr . Rodney: This office serit you a letter on July 17 , 1996 regarding work that was required at the above mentioned .property. On August 12 , 1996 you applied for a permit to re-roof and re-side the building. As of October 8 , 1996 none of this work has begun. If work does not start on this site within the next ten ( 10 ) days, this office will ,take legal action against you. Please call this office upon receipt of this letter to inform us as of your course of action in this matter. Thank you in advance for your anticipated cooperation in this matter . Sincerely, Leo E . Tremblay Inspector of Buil- ings LET: scm cc: Councillor Donahue, Ward 3 TitV of Amlem. Mass ar4us etts tlublic jlropertg Department C(j $,Dmm0#, Nuilbing Department (One *z lem (6reen 508-715-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 9 , 1996 Joh-Heach Realty Trust Maurice Rodney A Tr . 11 Appleton Street Salem, Mass . 01970 RE: 11 Summer Street Dear Mr. Rodney: This office sent you a letter on July 17 , 1996 regarding work that was required at the above mentioned property. On August 12 , 1996 you applied for a permit to re-roof and re-side the building. As of October 8 , 1996 none of this work has begun. If work does not start on this site within the next ten ( 10 ) days, this office will take legal action against you. Please call this office upon receipt of this letter to inform us as of your course of action in this matter. Thank you in advance for your anticipated cooperation in this matter . Sincerely,, Leo E. Tremblay Inspector of Buil ings LET: scm cc : Councillor Donahue, Ward 3 3 �P CfitU of trttlan, Massar4usrtts a � Public Propertg Department iguitbing Department (Out #ulcm QSrren 508-745-9595 Fxt. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 17 , 1996 Soh-Heach Realty Trust Maurice Rodney A Tr 11 Appleton Street Salem, Mass . 01970 RE: 11 Summer Street Dear Mr . Rodney : This office has received several complaints regarding the garages located in the rear yard of the above mentioned property. On July 16 , 1996 I inspected said property and found the garages to be in deplorable condition. It is my opinion that the building is unsafe and a safety hazard to the public welfare . I also felt that the property is a fire hazard to the abutters . You must prove to me by a written structural engineers review that the building is structurally safe , and if so make a commitment that repairs will be made in an orderly fashion . Or you must file with my office demolishing application to remove said structure . Please contact this office upon receipt of this letter as to your course of action in this matter . 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, .f Leo E . Tremblay Inspector of Buildings LET: scm cc : Councillor Donahue , and 3 Uyr �t 3 ° Titu of i�ttlem, massar4uoetts 3 l i`a Public Propertg 19epartment , o Nuilbing Department lone Oalrm Green 508.745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer July 17 , 1996 Joh-Heach Realty Trust Maurice Rodney A Tr 11 Appleton Street Salem, Mass . 01970 RE: 11 Summer Street, Dear Mr . Rodney: This office has received several complaints regarding the garages located in the rear yard of the above mentioned property. On July 16 , 1996 I inspected said property and found the garages to be in deplorable condition. It is my opinion that the building is unsafe and a safety hazard to the public welfare . I also felt that the property is a fire hazard to the abutters . You must prove to me by a written structural engineers review that the building is structurally safe , and if so make a commitment that repairs will be made in an orderly fashion. Or you must file with my office demolishing application to remove said structure . Please contact this office upon receipt of this letter as to your course of action in this matter . 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: Councillor Donahue, Ward 3 JJJ \\JVJJ , a 31jrp� CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET HEALTH AGENT February 10, 1995 Tel:(508)741-1800 Fax:(508)740-9705 Jon-Heath Really Trust Maurice Rodney Trustee 11 Appleton Street Salem, Ma. 01970 Dear Mr. Rodney : 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 ll: Minimum Standards of Fitness for Human Habitation, an reinspection was conducted of your property located at 11 Summer Street occupied by Dan Barthel conducted by Jeffrey Vaughan, Sanitarian on February 9, 1995 at 6:20 P.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the propertyowner's responsibility 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. FhA of He Ith Reply to: Jeffrey Vaughan Sanitarian cc: Tenant Public Property Ward Councillor John Donahue Certified Mail#Z 369 689 467 JS/sjk • Page 1 of �w.4V << SALEM HEALTH DEPARTMENT 9 North Street Salem.MA 01970 Slate Sanitary Code, Chapter It: 105 CMR 410.000 T Minimum Standards of Fitness for Human Habitation Occupant: Phone: 5" .F6 Address: Apt. Z Floor hl"711 Heol>y 7XV5T Owner. rn_ Address: Inspection Date: gem 9 Time: ' �O�o•r�i. Conducted By: Tc Gc G/ / o iv r/ Accompanied By: TP rJA✓T Anticipated Reinspection Date: Specified Reg of Violation Time 410. . . . e Co e /os— /O, o o w Q _ e� PSL L/ .� dao•,-. i.-.i /-' , i iv 771, r 166 //" O /vo 0.:.. / �.•• ccs .c One or more of the above violations may endanger or materially impair the health, safety and well-being �or�the occupants(s). / 0 Code Enforcement Inspector _Y, i c,vq iuIc Este es un documento legal imporlante. Puede que afecte sus derechos. Puede adquinruna lraduccion de esta forma. t 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: A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in your rent_ B. You did not cause the violations and they can be repaired while you continue to live in the building. C. 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,placc.) 2. Ren it nd Ari(Massachusetts General Laws,Chapter 111,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 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 arta notice or to complete repairs within 14 days after notice,you can use up to four months'rent in any year to make the 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 tries to evict within six months after you have made the complaint,he or she.wil: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 of he or she tries this. 4. Rent Receivership(Massachusetts General Laws, Chapter_11, section 127 C-I):The occupants and/or the Board of Health may - petition the District or Superior Court to allow rent to be paid into conn 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 and 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 your rent or take any other legal action, it is advisable that you consult an attorney. If you cannot afford to consult an attorney, you should contact the nearest legal services office, which is: Neighborhood Legal Services 37 Friend SL Lynn, MA 01902 (617) 599-7730 e�. i 1� Cow W/o J^ �OIMML CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN October Z4 1989 9 NORTH STREET HEALTH AGENT (617) 741-1800 Rodney Maurice 11 Appleton Street Salm, Ma 01970 Re: 11 Summer St. Rear, Salem Dear Sir: Due to a complaint received by the Salem Health Department, a site inspection of the rear premises of 11 Summer Street, Salem was conducted on October 19, 1989 by S. Cameron and V. Moustakis of the Health Depart- ment, J. Giardi and D. Luxton of the Electrical Department, N. LaPointe of Fire Prevention and Police Officer Alan DeFrancisco. Investigation revealed that an auto repair/auto body shop run by Euclides Gervacio of 9-11 Breed Street #6, Lynn, Ma is being operated in garages #9 and #10. Mr. Gervacio was observed spray painting two autettobiles in the closed, non-ventilated garage. In addition to this fire hazard, the electrical wiring inside the garage was determined by Wiring Inspector John Giardi to have been improperly and illegally installed. This wiring also included a white electrical cord running from inside the garage to outside and onto the roof, appear- ing to be connected to the attached structure numbered 11 R Sumner Street. This situation violates niunerous fire, electrical and health codes, includ- ing 105 CMR 410.351: Chapter II State Sanitary Code: "The owner shall install in accordance with accepted plumbing, gasfitting and electrical wiring standards and shall maintain free from leaks, obstructions or other defects the following : all electrical fixtures, outlets and wiring. . .:" Contact Electrical Department for further information. In addition, this arrangement violates the Zoning ordinances which prohibit auto repair shops in this neighborhood. -1- °c SALEM HEALTH DEPARTMENT 9 North Street Salem, MA 01970 7h: Rodney Maurice Page 2 of 2 11 Appleton Street Salem, Ma 01970 Re: 11 Summer St. Rear Salem cont'd Other health violations noted at the time of inspection included several unregistered vehicles in the yard, two of which have been addressed in recent court hearing and correspondence; all of these being in violation of State Sanitary Code, Chapter II, 105 C!IlR 410.602. It was noted that Garage #7 was not secured. You are hereby ORDERED to cease and desist from the above operations immediately. You are ORDERED to repair or remove the faulty wiring immediately. These violations constitute a condition which may endanger and/or materially impair the health or safety and well-being of the general public and/or the occupants of 11 Summer Street. Failure on your part to cmply with this ORDER can result in legal action being sought against you in Salem District Court. Should you be aggrieved by this ORDER, you have the right to a hearing before the Board of Health; said request to be received, in writing, by the Board within 7 days of receipt of this ORDER. FOR THE BOARD OF HEALTH REPLY TO: ROBERT E. BLENKHORN, C.H.O. SHARON A. CAMERON, R.S. Health Agent Registered Sanitarian Certified Mail # �0-038- 76,5>3 F3 cc: Norman LaPointe, Fire Prevention John Giardi, Wiring Inspector William Munroe, Zoning Enforcement Officer Euclides Gervacio, 9-11 Breed St. #6, Lynn Citp of JpaCem, ;fflaggacbm9ettg Vubk Propertp Mepartment j6uilbing 30epartment One 6alem Orcen 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer 1/7/92 Edmund Michaud 11 Pacific St . Salem,Ma . 01970 Re : 11 Summer St . Dear Sir : Please be advised that this office has no current record of commercial use at the above mentioned address . The building is currently being occupied as a multi-family building. Sir1cerel/ David J .Harris Assistant Building Inspector copO,� 45 190 CITY OF SALEM HEALTH DEPARTMENT flELE i 71 BOAS D OF HEALTH TTY treet OF SALci3p544SS. ROBERT E. BLENKHORN Salem, Massachusetts 01970 HEALTH AGENT 508-741-1800 April 5, 1990 Mr. Rodney Maurice 11 Appleton Street Salem, MA 01970 B:`11 Summer Street, Salem, MA 01970"- --Dear M Maurice: The Salem Health Department continues to receive complaints that an auto repair/auto body shop is being operated illegally in the garages on the rear premises of 11 Summer Street. You were notified by the Health Department on October 24, 1989 that this practice violates numerous Fire, Electrical, Zoning and Health Codes, including 105 CMR 410:351 of the State Sanitary Code Chapter II. You are hereby ordered to cease and desist from the above operations immed- iately. Failure to comply with this order will result in Legal Action being sought against you in Salem District Court. 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 seven (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 contact this office at 741-1800 to arrange for an inspection of the above property. FOR THE BOARD OF HE LTH REPLY TO ROBE E. BLENKHORN, C.H.O. SHARON A. CAMERON, R:S. HEALTH AGENT REGISTERED SANITARIAN REB/m CERTIFIED MAIL P-268-687'-"086 cc: Councillor Vincent Furfaro Norman LaPointe, Fire Prevention/ John Giardi, Electrical Inspector William Munroe, Zoning Officer ����1 ti � J � ' -;� iy �� � � � e 'covor�b N1JIL�ING DEPT CITY OF SALEM HEALTH DEPARTMENT OCT 1512 24 PH tog BOARD OF HEALTHRF.CE'IVED Salem, Massachusetts 01970 CI TY 01= $,aLF'F1,NAS� ROBERT E. BLENKHORN - 9 NORTH STREET. HEALTH AGENT October 24, 1989 (617) 741-1800 Mr. Euclides Gervacio 9-11 Breed Street #6 Lynn, Ma Dear Sir: Due to a cammlaint received by the Salem Health Department, a site inspection was conducted of the rear premises of 11 Su -er Street Salem on October 1989 by S. Cameron and V. Moustakis of the Health Department, J. Giardi and D. Luxton of the Electrical Department, N. LaPointe of Fire Prevention and Police Officer Alan DeFrancisco. Investigation of garages #9 and #10 reveal that you are operating an auto repair/auto body shop at 11 Summer Street. You stated that this operation is being conducted with the knowledge and permission of the property owner Rodney Maurice of 11 Appleton Street, Salem. The act of spray-painting in a garage is a dangerous act, prohibited by Massachusetts Fire Prevention regulations. The electrical wiring in the garage was determined by Wiring Inspector John Giardi to have been illegally and iTrproperly installed, in violation of Massachusetts Electrical Code and 105 CMR 410.351 of the State Sanitary Code, Chapter II. In addition, the operation of an auto repair shop in this location is in violation of local zoning ordinances You are hereby ORDERED to cease and desist from this illegal and unsafe practice immediately. Failure on your part to carrply with this ORDER can result in legal action being sought against you in Salem District Court. Should you be aggrieved by this Order, you have a right to a hearing before the Board of Health; said request to be received, in writing at the offices of the Board of health within 7 days of receipt of this Order. FOR THE BOARD OF HEALTH REPLY TO: 'FT E. BLENKHORN, C.H.O. SHARON A. CAMERON, R.S. Health Agent Registered Sanitarian Certified Mail #_f_(),3 8_ 76S _3 \Y1 cc: Norman LaPointe, Fire Prevention William Munroe, zoning Enforcement Officer John Giardi, Wiring Inspector Rodney Maurice, 11 Appleton St. , Salem :c Citp of q§alpm, j11a5,5arbu5Ptt$ fire IDepartment JI)eabquarterg a��chrc oF'J' 481afapette street Salem, -41a.01970 Joseph F. Sullivan Chief October 20, 1989 Mr. Euclides Gervacio RE: 11 Summer Street 9-11 Breed Street - Apt. #6 Lynn, MA 01902 Dear Mr. Gervacio, As a result of the inspection and the complaints from the Health, Elec4r5l/cad, and Police departments, relative to the operation of an "auto body repair shop""1`oelt d at #11 Summer Street, Salem, Massachusetts ,in the garage stalls located in the•jra^r_ of the property,.ahe following is ordered: 1- You are hereby ordered to stop any and all repairs on automobiles. No spraying of paint is to be conducted on the property. Spray painting is allowed only in buildings approved by the Salem Fire Department. Spray painting without approval and permits from the Salem Fire Department is a violation of the Salem Fire Pre- vention Code #16, and the National Fire Prevention Assoc. , Standard #33. 2- No repairs to automobiles are to be conducted without the approval of the Salem Fire Department. Operating a garage and/or paint shop without :the approval of the local fire department is violation of the Massachusetts Fire Prevention Regulations 527CMR5.00. Per Order, �Q2Wi.�V.q� Norman P. LaPointe Fire. Inspector cc: Health Dept. Electrical Dept. Police Dept. C', Rodney Maurice K = UJ, Building Dept.✓ o L c file ' M O:n rn� � Certified Mail # P 643 883 018 N =� C , 0 BUILDING DEPT OCT 12 7 43 AM '99 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH RECEIVED Salem, Massachusetts 01970 CITE' 9F SALEM,MASS, ROBERT E. SLENKHORN October 3, 1989 9 NORTH STREET HEALTH AGENT (617) 741-1800 Rodney Maurice 11 Appleton Street Salem, Ma 01970 Dear Sir: As the result of a hearing held at Salem District Court on 9/28/89, a reinspection was conducted of the rear yard area of your property at 11 Sunmer Street on Monday 2, 1989, and the following were noted: One unregistered green and white van (with flat tires) containing miscellaneous items and debris. The window had been secured. Beside the van, on the ground, were blankets and an afghan. As you stated at court, you provide yard space to the owner of this van to store objects inside, for $25.00 per month. A second unregistered and dismantled vehicle has open and missing windows and contains articles of clothing and blankets, which is creating a potential fire, health and safety hazard. As you mentioned, you have sent a letter to the owner ordering that the vehicle be removed, and you have spoken,lto Salem Police Officer Louis DiMa¢obro about this. , As you have been advised, should there be any further conplaints, the Health Department will re-active this case. Very truly yours, FVOOR THE BOARD OF HEALTH REPLY TO: \� E ROBERP E. B10glKHO1N�, C.H.O. V. MDUSTAKIS Health Agent Sanitarian REB/8 — _"cc: Zoning Officer Police Department (Officer DiMambro) Fire Prevention Certified Mail # 765- 3 a t' TA - Zoning Enforcement Officer