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70 SUMMER STREET - BUILDING INSPECTION Say er ob® 0wxs &T&FoJWs 90%larger Label Area • •"•'" /// I S M EAC KEEPING YOU ORGANIZED NIL lom �ra.rwn GET ORGAN=ffSMEIIMM WardO ®caiartArk to%FOS �oxrosr � i�� a o.��l �sa �f s f �� gyp _ "��'f-�� { I.F:N:.,.- ".-:d'.t# tr�,'!&,`�"�,�'! h., ,;-§.t4{.��✓r.(ds&� `7. -AW`�' ':�4i: :,'v. 's s CERTIFICATE ISSUED " ! DATE 1,/11/93 I' CITY OF SALEM " SALEM, MASSACHUSETTS 01970 BUILDING PERMIT - a4� nn L CERTIFICATE OF OCCUPANCY DATE Aug. Wa "I 19 92 RERMIT NO. 366-92 APPLICANT David ByOrs ADDRESS Mxbieneaa.MA. 19872 (NO.1 ISTREET) ICG41R'S LICENSCI PERMIT TO RE_ ATIC�3S (2_1 STORY i6nlf -1.1W, NUMBER OF DWELL UNITS IT,PE OF IMPROVEMENT) '.0. IP.OPOSEO USE) AT (LOCATION) '10 Simmer Street Ward 3 ZONING DISTRICT F(-J (x0.1 ISTREETI BETWEEN AND (CROSS STREETI (CN055 STREET) LOT SUBDIVISION LOT BLOCK SIZE BUILDING IS TO BE FT. WIDE P. FT. LONG BY FT. IN HEIGHT AND 5HALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION_ ITVPEI 1NTPER1W RE 4C�1ION5 110 FOUR FAMILY lJWk11J.1\G & NhW BOILEli ROOK; REMARKS: CALL FOR PERMIT TO OCCUPY 745-9595 "IFEMIKKI it AREA OR VOLUME OIBIC-SOVIRE FEET) Isola o 2--1 Elm DavidW. BYOLB se+Iow vrY FsrNora.11RN,IFsvlbrnvellor. ornoe�Ise s. stElo OWNER TO BE POSTED ON PREMISES ADDRESS F+�yL 27 Haley Rd., MEHeadFMA. 01945 SEE REVBfff EJORffftTWONS OF CERTIFICATE ASSISTANT' Leo E. Tremblay BUILOMNIGGINSPECTOR CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3" FLOOR nye TEL. (978) 745-9595 FAx(978) 740-9846 KIIVIBERLEY DRISCOLL MAYOR TmNiAs STYIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COI IIMSSIONER August 29, 2011 David W. Byors 3 Commercial Street Marblehead Ma. 01945 R.E. 70 Summer Street Mr. Byors, This Department has been notified of an illegal basement unit at the above address occupied by your family member. This complaint was received by the Salem Health Department. You are directed to cease occupying this unit immediately. You are further directed to contact this office upon receipt of this notice to arrange for a required inspection.(Mass State Building Code 8ch edition . 780 CMR section 104.6. )Failure to arrange for this inspection will result in further enforcement activities. If you feel you are aggrieved by this action, your Appeal is to the Board of Buildings,Regulations and Standards in Boston. Sincerely, �" Thomas St.Pierre Building Commissioner/Director of Inspectional Services QTY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT sem_ 120 WASHINGTON STREET,3RD FLOOR 9q�/YVN TEL: 978-745-9595 FAx:978-740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMIISSIONER Zoning Violation 70 SUMMER STREET July 10, 2012 David W. Byors 3 Commercial Street Marblehead, Massachusetts 01945 Mr. Byors, As a result of the inspection conducted by this office on Monday, July 9, 2012, it has been determined that you have created and are occupying an illegal basement dwelling unit at 70 Summer Street in violation of the City of Salem Zoning Ordinance chapter 6-1, you have five (5)—units in a building only permitted for four (4)—units and located in a zoned (R-2) two family dwellings. This office has no records of permits for this construction and/or variance or special permit approvals for this basement unit. Furthermore the unit in non-compliance was written into violation on August 29, 2011, and forwarded to you on the same date. As discussed with Mr. St. Pierre at the conclusion of his inspection at the site you are hereby ordered to secure permits for its removal within five (5) day of receiving this notice.. Additionally you are ordered to rectify any and all cross-metering forthwith. You are hereby ordered to immediately contact this office upon receipt of this notice; failure to respond to this notification will be construed as non- compliance, with issuance of Municipal tickets and including the filing of criminal complaints at District Court. If you feel aggrieved by the Building Codes issues you have the right to appeal this order to the State Board of Building Regulations at One Ashburton Place, Boston, Ma. If you feel you are aggrieved by the Zoning decision of this order, your Appeal is to the Salem Zoning Board of Appeals. CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT s 120 WASHINGTON STREET, 3RD FLOOR 9Ra �m TEL: 978-745-9595 FAx: 978-740-9846 KI SERLEYDRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER If you have any questions regarding this letter, please contact the Building Inspectors Office at (978) 619-5648, extension 5648. Respectfully, , Michael Lutrzykowski Assistant Building Inspector CC: file, Fire Prevention, Jason Silva, Health Department, Police Department, Electrical Department o SEP Zl 1Z 0s3 fi CtU of tttem, � tts�ttrljlzsettsc;; ; , S c �nttrl�l n{ �, peal DECISION ON THE PETITION OF DAVID W. BYORS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 70 SUMMER STREET (R-2) A hearing on this petition was held September 20, 1995 with the following Board Members present: Stephen Touchette, Chairman; Gary Barrett, Nina Cohen, Albert Hill and Associate Members Joseph Ywuc and Arthur LaBrecque. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, located at 10 Summer Street, is requesting a Variance to add (2) two additional units and a Variance from parking. The Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship,financial or otherwise, to the petitioner. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, makes the following findings of facts: 1. Petitioner's property is a three story, four unit building at the corner of Summer and Endicott Streets, in a densely populated neighborhood. 2. Petitioner has improved the property by making necessary repairs and has paved an area in the rear to add parking for two cars. He proposes to add two additional living units to the building. 3. Speaking in opposition to the petition, the following neighbors expressed that the neighborhood is too congested to support any additional units and that parking situation is already difficult for residents of the area and would be worsened by the granting of a parking variance for-,two added units. Carlotta Oddi 41-43 Endicott Street Cynthia Oddi 41-43 Endicott Street Caroly Bretta 74 Summer Street Joan Giardi 73 Summer Street Vincent DiBona 53 Endicott Street Diane Piller 68 Summer Street A ' DECISION OF THE PETITION OF DAVID W. BYORS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 70 SUNNIER STREET (R-2) page two 7. ?n addition, City Councilior John Donahue appeared in apposition to the proposed variances, stating that an increase in density would be detrimental to the neighborhood and would worsen the parking problems on those streets. On the basic of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The relief requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Board of Appeal voted unanimously, 0-5 in opposition to the motion to grant the Variance, having failed to garner the required votes to pass, the motion is defeated and the petition is denied. (J Variance Denied September 20, 1995 Nina Cohen 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 of Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that is has been dismissed or denied is recorded in the South Essex n an Registry of Deeds and indexed under the name of the owner of retvrd� or is recorded and noted on the owner's Certificate of Title. W Board of Appeal o� O � r a -n w' to Citp Of Tatem, f Rnssarbutett!6 • liaara of ZIppeat `rii;EH 21 A DECISION OF THE PETITION OF DAVID BYORS REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 70 SUMMER STREET R-2 A hearing on this petition was held September 20, 2000 with the following Board Members were present: Nina Cohen Chairman, Stephen Buczko, Richard Dionne, Stephen Harris and Paul Valaskigis. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. At the request of the petitioner, David Byors the Salem Board of Appeal voted 5-0, to grant leave to withdraw this petition without prejudice for a Variance to add 2 additional units and a Variance from parking for the property located at 70 Summer Street located in an R-2 zone. GRANTED LEAVE TO WITHDRAW WITHOUT PREJUDICE SEPTEMBER 20, 2000 ft4v-Zj,,t.) �� Cscf� 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 OCKET NUMBER D 1336AC000050 Trial Court rt Department NOTICE OF NEXT EVENT District Court De artment CASE NAME City of Salem Building Dept v. David Byors ATTORNEY(OR PRO BE PARTY)TO WHOM THIS COPY OF NOTICE IS ISSUED COURT NAME&ADDRESS City of Salem Building Dept Salem District Court 56 Federal Street Salem, MA 01970 NEXT COURT EVENT JUDGE OR MAGISTRATE(if already assigned) Magistrate Hearing 02/1312013 at 11:00 AM Clerk Magistrate Session AAA COUNSEL FOR ALL PARTIES(OR PROSE PARTY) AAA MUST APPEAR ON THE DATE&TIME SHOWN ABOVE TO THE PARTIES TO THIS CASE: The nature, date and time of the next scheduled event concerning this case is indicated above. You are required to be present at this event. If you have good reason to request the Court to reschedule this event for another date, such request must be made by motion in accordance with the applicable court rule. Please note that the granting of a continuance is not automatic even when all the parties agree. Further Orders of the Court. DATEISSUED CLERK-MAGISTRATE January 18, 2013 C-M Brian K Lawlor 014 www.mass.gov courts Daternme Printed: 01-18-201310:14:27 APPLICATION FOR APPLICATION NO. (COURT USE ONLY) PAGE Trial Court of Massachusetts 9IMINAL COMPLAINT I of (� District Court Department I,the undersigned complainant, request that a criminal complaint issue against the accused charging the offense(s)listed below. If the accused HAS NOT BEEN ARRESTED and the charges involve: sakm( 'W Fb&nd Shed D ONLY MISDEMEANOR(S), I request a hearing D WITHOUT NOTICE because of an imminent threat of ' '. ❑ BODILY INJURY ❑ COMMISSION OF A CRIME D FLIGHT D WITH NOTICE to accused. D ONE OR MORE FELONIES, I request a hearing D WITHOUT NOTICE D WITH NOTICE to accused. ARREST STATUS OF ACCUSED D WARRANT is requested because prosecutor represents that accused may not appear unless arrested. D HAS D HAS NOT been arrested •• • :• r NAME(FIRST MI LAST)AND ADDRESS BIgTH TE SOCIAL SECURITY NUMBER PCF NO. MARITAL STATUS .j�/� C./G' N1 L.i`�'G. TYC.s✓32T1" DRIVERS LICENSE NO. STATE 4\;✓'[ � ` { `p e 4-�l v1 ® 1674S- GENDDEER�rA HEIGHT WEIGHT EYES HAIR RACE_ 1 COMPLEXION SiCAARS/MARKS/TATTOO^O"S BIRTH STATE— COUNTRY DAY PHONE EMPLOYER/SCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) COMPLAINANT NAME(FIRST MI LAST) COMPLAINANTTVPE -go -'lhj PD � �V 5+-�lA3� E] POLICE LJ CITIZEN OTHER ADDRESS PLACE OF OFFENSE Cj �frV r\:{LA SJ1eJF lyCIDREPORT OBTN r "� I f ' CITATION NO(S). OFFENSE C DE DESCRIPTION ( OFFENSE DATE 1 /93 ?� b 664 VARIABLES(e.g. victim name,controlled substance,type and value of property other variable information;see Complaint Language Manual) OFFENSE CODE DESCRIPTION OFFENSE DATE 2 VARIABLES OFFENSE CODE DESCRIPTION OFFENSE DATE 3 VARIABLES REMARKSCOM�I ` SIGN DATE FILED COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION A OF HE IME OARING COURT USE ONLY WILL BE HELD AT THE ABOVE COURT ADDRESS ON } '� ' 'AT ,t. E n DCCR-2(08/04) COMPLAINANT'S COPY www.mass.gov/courts/districtcourt STREET PERMIT No 86 Tit i1� �cI�P17X ( ffirr of 3nBVrr1vr of lTuilbingn Ci HallA�1= 19 9� Permission is hereby given to. �✓i/! a �/ i/ /1lJ to ,occupy for ^m �� _ urposes in front of estate Of sidewalk, � of street. `Chis permit is limited l19�subjecl to the provisions of the ordinances and statutes in relation to Streets and the Inspection and Construclion of Buildi sin the it of S tem. �� 4�'' " Director of Public Services Inspector of Buildings : Signature of Applicant r •C24 1C a.xa-ee rR�- i �NI��QG�l4L STREET PERMIT No $7 1,�.conmttnQ , , 2- ? Offtre of Onepertnr of Builbingu .r�rrvynareA`d` City Hall, 19 Permission is hereby given to �C to occupy for 4 purposes in front of estate 70 Wd.,_ �O of sidewalk, of street. `Chis permit is limited to 19R, subject to the provisions of the ordinances and statutes in relation to Streets and the Inspection and Construction of Bui ' gs in the City 0 Salem. Director of Public Services Inspector of Buildings Signature of Applicant rc24 ac 4•20.46 bu,F ELITE STREET PERMIT No 8� Y,�,co*niy��n s ar Offre of Onoprrinr of Buildingu Sgerr.�uEv�c'� Cit H 1 1929 Permission is hereby given to � — to occupy for urposes in front of estate 2 oWd. of sidewalk, �� r of street. `Chis permit is limited to y 19��subject to the provisions of the ordinances and statutes in relation to Streets and the Inspection and Construction of Buil ing in ih City f Sa M. L n� Dire for of Public Services Inspector of Buildings Signature of Applicant Pu4 x 1.21•60 �1 :� ��IP��.� �"jK,M.rTxT��•y`,.�•...w�.,,,q�gll�. �.r.'..�,t.'��`�,ry .�le l�.�; { FIELD COPY ' CITY OF SALEM BUILDING '� . SALEM, MASSACHUSETTS 01970 PERMIT a - VALIDATION 4COUNT It DATE Feb. 10, 19 3933 PERMIT NO, 39-93 APPLICANT^ Lisa Byors ADDRESS Salem,MA Owner 1.00..,1v'. (STRECTI ICOxt-•1 L"Ex311 LIMOF PERMIT TO �i AIN � DWELLING(_I STORY DWEL LR nunING UNITS FOM [ '(Trot 0, WPAOv[ME MTI x0. I0R000SED OS[) 70 Sumer STredt Ward 3 ZONING R-2 AT ILO:PLONI DISTRICT 1x0.1 IST A[[TI BETWEEx AND ICR03. STREET) ICe033 STRE[TI LOT SUBDIVISION LOT BLOCK SIZE BUILDING ISJO BE FT. WIDE BV FT.-LONG BY FT. IN HEIGHT AND SMALL CONFORM IN CONSTRUCTION TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION c ITVPEI REMARKS: construct 6O' OLCC stone retaining wall .�- CALL-VCR INSPECTION 745-959, 00 5 'OL UME � ESTIMATED COSTS +41750. FEE N'IT S 20.00 EA OR :c•:elc.sous nrl DWNER David W. BVOr3 .nD.ESS 7) Simmer St. . Sat&m. Leo E. Tremblay INSPECTOR OF BUILDINGS INSPECTION RECORD DATE NOTE ►NOONEEE - CRITICISM$ AND REMARK! INE►ECTON Plans must be filed and approved by the Inspector before a permit will be granted. No,.�11L� City of Salem Ward Is Property Located in the Historical District? Yes_ No n/ RHome Phone# ' Is Property Located in a ,, J Conservation Area? Yes_ No L- 4 ••• Bus.Phone# wst i APPLICATION FOR PERMIT TO CONSTRUCT POOL, DECKS AND SHEDS Salem, Mass., X--rz ).A-//r /V oll 4 ex ) � TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit to build according to the following specifications: Owner's name and address 7�2�Gr J (4) 5 Architect's name /U,�n•�a— Mechanic's name and address 'Sw'-Tf/u� 00 }TD Location of building, No. 7C� C �,n-r a � /— ,�, What is the purpose of building? i�2 5 A-P 7 c\ f Material of building? U 1 rs e p CA If a dwelling, for how many families? Will the building corm to the requirements of the law? Ye C Estimated cost /7--�- O-9 - Contractors Lie. No. lr) n Signer.,..,of fl....licsnr \� >__,_ dl_/l _ /.'lhs Signed Under the Penalty of Perjury REMARKS No.J Ward APPLICATION FOR PERMIT TO CONSTRUCT Location PERMIT GRANTED Ap 2r r/�f Building Ins ctor w CITY OF SALEM BUILDING DEPARTMENT HOMEOWNER LICENSE EXEMPTION Please Print DATE / JOB LOCAT ON CS SUM An ziZ_ S--r �ZKP Number Street address Secti n of Town "HOMEOWNER eo_f�joa S ?�— C0;0 ( Name Home phone Work phone PRESENT MAILING ADDRESS S /yl e City/Town 4t to OZ ifp Code The current exemption of "homeowners was extended to include owner-occupied dwellings of six units or less and to allow such homeowners to engage an in- dividual for hire who does not possess a license, provided that the owner acts as supervisor. (State Building Code Section 109.1 .1 DEFINITION OF HOMEOWNER: Person(s) who owns a parcel of land on which he/she resides or intends to re- side, on which there is, or is intended to be, a one to six family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner" shall submit to the Building Official , on a form acceptable to the Building Official , that he/she shall be res onsible for all such work performed under the building permit. Section 109.1 .1 The undersigned "homeowner" assumes responsibility for compliance with the State Building code and other applicable codes, by-laws, rules and regulations. The undersigned "homeowner" certifies that he/she understands the City of Salem Building Department minimum inspection procedures and requirements and that he/she will comply with said procedures and requirements. HOMEOWNER'S SIGNATURE APPROVAL OF BUILDING OFFICIAL NOTE: Three family dwellings 35,000 cubic feet, or lar r, will be required to comply with State Building Code Section 127.0, Construction Control . HOME OWNER'S EXEMPTION The Code states that: "Any Home Owner performing work for which a building permit is required shall be exempt from the provisions of this section (Section 109. 1 . 1 - Licensing of Construction Supervisors) ; provided that is a Home Owner engages a person(s) for hire to do such work, that such Home Owner shall act as supervisor. " Many Home Owners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q, Rules and Regulations for Licensing Construction Supervisors, Section 2.15) . This lack of aware- ness often results in serious problems, particularly when the Home Owner hires unlicensed persons. In this case your Board cannot proceed against the unlicensed person as it would with licensed Supervisor. The Home Owner acting as supervisor is ultimately responsible. To ensure that the Home Owner is fully aware of his/her responsibilities, many communities require, as part of the permit application, that the Home Owner certify that he/she understands the responsibilities of a supervisor. On the last page of this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community. • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in.the"RETURN TO" Sp?i'3 on thereverse side.Failure to do this will prevent this card from being returned to you.The return recei t fee will rovide ou the name of the erson delivered to and the date of deliver . For ad rtional tees the ollow"mg services are avaiia e. onsult postmaster or fees an cJ1ec box les or additional service(s)requested. 1. Nl Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to:- 4. Article Number Jim Allen P 443 509 348 124 Grove St. Type of Service: Franklin, MA 02038 ❑ Registered ❑ Insured Certified ❑ COD RE: 70 Summer St. ❑ Express Mail Return Receipt for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature — Addressee 8. Addressee's dr85s, (ONLY if X _—zoqwsta and fee 2aoA 6. Signature — Agen lam/ X l 7. Date of Deliver PS Form 3811, Apr. 1989 ♦U.S.G.R.G.1989238-815 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICPQN.. "^OFFICIAL BUSINESSSENDER INSTRUCTIONSPrint your name,address end ZIP Codin the space below.• Complete items 1,2.3,and 4 on threverse. SWI IL • Attach to front of article if spacs_�permits, otherwise affix to back article. PENALTY FOR PRIVATE • Endorse article •'Return ReceipUSE, $300 Requested" adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO Maurice M. Martineau, Asstt Bldg. Inspector One Salem Green Salem, MA 01970 CUP of *aCem, ;0ia55aCbU,5ettg Public Propertp Mepartment Auilbing 3kpartment One 9salem Orcen 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Certified Mail #P 443 509 348 Zoning Enforcement Officer October 9, 1991 Mr. Jim Allen, Accountant F.D.I.C. 124 Grove St. Franklin, MA 02038 RE: 70 Summer St. , Salem, Massachusetts Dear Mr. Allen: In response to numerous complaints regarding the above referenced property a meeting was held in Mayor Harrington's office in the hopes of resolving the problems at the site. Present at this meeting were Inspector Norman LaPointe of the Salem Fire Prevention Bureau; Robert Blenkhorn, Health Agent; Maurice Martineau, Assistant Building Inspector; Daniel Geary and David Shea of the Mayors office; the results of this meeting are as follows: 1 . The building must be secured and made safe from danger to the public. 2. All basement windows are to be covered with }" plywood. 3. All doors of the first floor and basement are to be locked and secured as to prevent any unauthorized entry into the building. 4. All windows are to be closed and locked. 5. All asbestos shingles that are loose and falling must be disposed of under the direction of the Board of Health. 6. All utilities, such as water, gas & electricity, entering the building must be shut off as soon as possible. Sincerely, r *u�rice' M. Martineau Assistant Inspector of Buildings MNM:bms cc: Mayor Harrington Daniel Geary David Shea Councillor Furfaro Inspector LaPointe Robert Blenkhorn Kevin Daly, Esq. , City Solicitor - 0 y CON ;ay CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH 9 North Street ROBERT E. BLENKHORN Salem, Massachusetts 01970 HEALTH AGENT . 508-741-1800 October 10, 1991 Mr. James Allen, Account Officer F. D. I. C. - 124 Grove Street Franklin, Nut 02038 Dear Mr. Allen: Complaints have again been received relative to your building at 70 SUMMER STREET in the City of Salem (4 unit dwelling) that rodents have been seen—and-that �.I raccoons observed climbing the trees on the side of the building are believed to be entering the building. A complaintant further stated that children from the mulitiple brick building located on Endicott Street have been seen entering the building and had been reported to the Police Department. An on site inspection was conducted on 10/8/91 by Virginia Moustakis, Sanitarian from the Health Department and Building Inspector Maurice Martineau and the following noted: The cellar door was open. There was no operating lock device on either the exterior or inside the door. The front door was locked. The' two back doors were also locked. Some of the storm window panels on the first floor were in raised position. A second floor window was partially open and two attic windows were also open. There was overgrowth of grass and weeds and miscellaneous glass, and other windblown debris around the building. The back porch and two small side porches had miscellaneous debris under them. The small screen porch facing Mt. Vernon Street has a large torn area. Per our phone conversation and subsequent Municipal Inspectors meeting, kindly take immediate corrective action as follows: Employ the services of a licensed exterminator and forward a copy of the service invoice to this department. Secure the cellar door and all windows Brom the inside. Secure all loose asbestos shingles. Cut, clean and remove all overgrowth and miscellaneous debris. SALEM HEALTH DEPARTMENT 9 North Street Salem,MA 01970 ALLEN OCTOBER 10, 1991 PAGE 2 OF 2 Please submit, in writing, your time schedule for correction of these items and policy for maintenance. Fire Prevention and Building Department reports will mailed to you separately. We appreciate and thank you for your courteous and prompt attention to this matter. If you have any questions, please feel free to call this office (508) 741-1800. Very truly yours, FOR THE BOARD OF HEALTH REPLY TO RobVr't E. Blenkhorn, C.H.O. Virginia E. Moustakis Health Agent Sanitarian VEM/BAS cc: David Shea, Chief Administrative Aide Councillor, Vincent J. Furfaro Norman Lapointe, Fire Prevention Maurice Martineau, Building Inspector 1 SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return receipt fee will prov ode you the name of the person delivered to and the date�of deliver..For additional fees the ollowing services are available. onsult postmaster for fees and check boxleslfor additional service(s) requested. 1. ElShow to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Ar icle Number „r Type Service: EJ Registered El Insured rt Certified 11 COD d/I{✓)) D a�� ❑ Express Mail ❑ Return Receipt for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature — Addressee 8. Addressee's Address (ONLY if X requested and fee paid) 1` f7 67 \i 6. Signat X — e �f 7. Date of Delivery PS Form 3811, Apr. 1989 tU.&G.P.0.1989-238-815 DOMESTIC RETURN RECEIPT UNITED STATES POSTALSERVICE®ON AlIVI I I I ��- OFFICIAL BUSINESS F''`'BI` SENDER INSTRUCTIONS m I;, "" ---- Print your name,address and ZIP Code - ^^ w`^* •"' in the apace below. - • Complete items 1,2,3,and 4 on the � reverse. U.S.MAIL • Attach to front of article if space �© permits, otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in t e pace below. TO `rte dig �G a Cftp of balem, ;ffla9gaCbU2;ettg .public i3ropertp Oepartment ��✓" Nuitbing Mepartment One Jpalrm green 745-9595 CCxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer July 10, 1991 First American Bank for Savings 50 Bedfield Street Dorchester,MA 02122 RE: 70 Steer St. , Salem,MA Gentlemen; An inspection of the property located at 70 Summer Street on Tuesday, July 9, 1991 reveals that the building is vacant. The entrance doors are unlocked and open to the elements, the porches are filled with discarded furniture. In addition, the underside of the first floor porch is stuffed with flamable materials. In view of the above and the hazard that these conditions pose in case of fire in this highly congested area, I must insist that by twelve o'clock noon following your receipt of this order you commence making the building secure as provided in Sections 123 & 124 of the Mass State Building Code, 780 CMR. Your failure to comply with this order will require this office to take the necessary steps to make the structure safe and secure and to place a lien against the property. Sincerely, �� William H. Munroe Inspector of Buildings i WHM/eaf cc: Mayor's Office Fire Chief Ward Councillor ,e CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH 9 North Street gyp:''' 'i ROBERT E. BLENKHORN Salem, Massachusetts 01970 CIxY Ofi +, 5 HEALTH AGENT 508-741-1800 June 27, 1991 Mr. Lund F.D.I.C. 24 Grove Street Franklin, Ma 02038 Dear Mr. Lund: --re ��.. On 6-4-91, a reinspection was conducted at 70 Summer Street, by -Virginia Moustakis, sanitarian of the Salem Health Department. The following`were noted. Both rear doors were locked. All windows on first floor porch had been boarded and secured on both sides of doorways. Both front door and screen door were open. Doors to first floor apartments on left and right side of hallway were locked. From front hallway, both stairways leading to 2nd floor apartments were open. There are no doors to close stairwells off from hallway. Both apartment doors at top of right and left stairwells were locked. We were notified by Mr. Stoll that the only tenant in the building occupy a 2nd floor apartment would vacate shortly and then the front door would be locked as well. The accumulation of trash had been removed and some cellar windows were boarded. There is a large accumulation of wood pieces under the back porch. Mr Stoll stated he would remove or petition off. Please check this building frequently as all smoke detectors have been dis- mantled, as it is located on a heavily travelled street and congested area. Thank you for your cooperation. FOR THE BOARD OF HEALTH REPLY TO: Ro rt E. Blenkhorn, C.H.O. Virginia Moustakis Health Agent Sanitarian REB/cc Certified Mail P 417 243 971 cc: Roland Stoll, 17 Front St, Salem; Fire Prevention; Building Inspector; Vinnie Furfaro JD - 6 •SENDER:Complete items tand 2 wlien additional services are desired,and complete items 3 and 4. Puiyou r-address In the."RETURN TO"space on the reverse side.Failure to do this will prevent this card from being returned to you.The return receipt fee will provide you the name of the person delivered to and the date of delive ..For additional fees the following services are available.Consult postmaster for fees and check box(es)for additional service(s) requested. 1. ❑ Show to whom delivered,date,and addressee's address. 2. ❑ Restricted Delivery. 3.Article Addressed to: 4.Arli8lg Nygp erj 10 J. Stephanson & Priscilla Hecphil bType of Service: 544 Pearl St . Reading, MA 01867 Registered ❑ Insured Certified ❑ COD Express Mail Always obtain signature of addressee or agent and DATE DELIVERED. y, 5.Si 4ature--Addressee 8.Addressee's Address/ONLY if requested and fee paid) re Agen �_. o I r]} ..Dste`of'Delivery,. PS Form 3811,Feb.1986 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS `' P ri SENDER INSTRUCTIONS Print your name,address,and ZlP Cod ?t n0V in the space below. •Complete items 1,Z,3,and 4 on leg'1 ' the Worse. •Attach to front of article if space permits,otherwise affix to back of artI11B. PENALTY FOR PRIVATE •Endorse article"Return Receipt USE.$300 Requested"adjacent to number. RETURN Print Sender's name,address,and ZIP Code in the space below. TO Steve Santry - Building Dept . City RallyAnnex - One Salem Green Salem,M41970 P-607 167 310 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) " & Mrs. Hemphill in Street and No. 594 Pearl St. 0 eaditngand�ZIP Oc�967 W W Postage S Certified Fee 1 .67 Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered N O�1 Return Receipt showing to whom, Date.and Address of Delivery d TOTAL Postage and Fees S 1 .67 Postmark or Date E 0 LL N 6 STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(ses front) 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address o1 the article,date,detach and retain the receipt,and mall the article. 3. If you want a return receipt,wilte the certified mall number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends If space per- mits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested In the approprlate spaces on the front of this receipt.If return receipt is requested,check the applicable blocks In item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. f� : .3 �.Cox arl� �GJ'l#yJ YL '*Ienl, AassaLhKsL#4s 7 Public Prnpert� Peparttneut Puilbing jDepartntent (IDnr ialrm (6reen 7-13-0z13 William H. Munroe Director of Public Property Maurice M. Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. November 20, 1987 J. Stephanson & Priscilla Hemphill 594 Pearl Street Reading, MA 01867 RE: 70�`-'SummecSt . , Sa1em,MA. - Dear Mr. & Mrs. Hemphill, �\ This department is in receipt of written complaints regarding the above referenced property. I would call your attention to the City of Salem Zoning Ordinance, Section V, A, 2, rooming and boarding of not more than two persons. It appears that a Violation of this Ordinance may exist. Also it appears that a Violation of Mass. General Laws, Chapter 140, Sub Section 22 may exist, regarding Lodging Houses. Would you please contact this office within seven (7) days from receipt of this letter, to arrange for a site inspection. If we do not have a reply a complaint will be sought in Salem District Court . Sincere y, "�Stephen W. San y Assistant Building Inspector SWS/eaf C.C. L. Mroz Solicitor Ward Councillor 3JIi_,)INt; OuT SEP 29 8 02 r11i 187 RE CECl''ED CITY Or" ,i,LEM, HASS. September 28, 1987 Mr. William Munroe Building Inspector City of Salem One Salem Green Salem, MA 01970 Dear Mr. Munroe: This letter is written in support of the letter/petition dated September 4, 1987 and submitted by the neighbors of the 70 Summer Street house owned by Stephen Hemphill. Mr. Hemphill is apparently renting his units to more than the allowed number of unrelated persons per unit in violation of a city ordinance. As neighbors who are also affected, we agree with the signers of that letter that this situation would be very detrimental to a neighborhood which has been steadily improving its image over the last few years. Also of concern is the parking situation which could become intolerable in an area which is already quite congested. We hope that action will be taken by your office to investigate. Sincerely, Paul Pizze1 o 37 Endicott Street Salem, MA Cc: Councillor Vincent Furfaro 'Cow M1.bF of tt#Lnt, c�58c�1~ IiS.E##$ jlublir Pro rrttn Pepttrftriettt 'J��IMML�+'tY �tltl l[It tj l:�ep2[rt ttterif Ul)nr �nlrm 05rrrn 7.13-11213 William H. Munroe Director of Public Property Maurice M. Martineau. Asst Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. December 1 , 1987 To Whom it May Concern: Made a site visit with Maurice FIartineau to 70 Summer Street , Salem, Mass about 9:30 A.M. Met Mr Hemphill for a walk through out the building, a four unit dwelling. The first floor right and second floor right were empty. The first floor left was occupied by a couple and their daughter, a Frank and Anne Russell and daughter. After inspecting this unit it was evident that no more than three people occupy this unit . The attics were inspected and there were no signs of anyone living in this unfinished space. Inspection of the second floor left unit revealed a layout similar to all other units. There were two college age girls in this unit at the time and it appears from Tenancy at Will form supplied by Mr. Hemphill that another girl also occupies this unit for a total of three. All units were well kept and showed no signs of abuse. Step/hen W. Santry 6/ Assistant Building Inspector ,COW lb� (f1tU D - �I�L'111, � r fiBc�L LiSE S 3 Public Prupertu Pepnrtntent .> s 7p J��IMML�t'1Y �Y uilillllq Ilepartrurnt (Pnr .�nlem (6reen 7di-n2 13 William H. Munroe Director of Public Property Maurice M. Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. December I , 1987 To Whom it May Concern: Made a site visit with Maurice Martineau to C7`0– S–u—miner Str,eet ,) Salem, Mass about 9:30 A.M. Met Mr Hemphill for a walk through out the building, a four unit dwelling. The first floor right and second floor right were empty. The first floor left was occupied by a couple and their daughter, a Frank and Anne Russell and daughter. After inspecting this unit it was evident that no more than three people occupy this unit . The attics were inspected and there were no signs of anyone living in this unfinished space. Inspection of the second floor left unit revealed a layout similar to all other units. There were two college age girls in this unit at the time and it appears from Tenancy at Will form supplied by Mr. Hemphill that another girl also occupies this unit for a total of three. All units were well kept and showed no signs of abuse. Stephen W. Santry Assistant Building Inspector .T COPY FOR YOUR f INFORMATION MICHAEL E. O'BRIEN a LEONARD F. FEMINO CITY SOLICITOR 'L $ ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET - °'w^RpO� 93 WASHINGTON STREET and and 81 WASHINGTON STREET CITY OF SALEM - ONE BROADWAY SALEM, MA 01970 MASSACHUSETTS BEVERLY, MA 01915 . ' 745.4311 745.4311 744.3383 .921.1990 Please Reply to 81 Washington Street - Please Reply to One Broadway November 261 1986 Board of Appeals City of Salem c One Salem Green C Salem, Massachusetts 01970 «. Re: Priscilla L. Hemohi1.1 et al f vs James B. Hacker,'. et als n , Essex Superrior .Court #86-2150 Gentlemen: Please be advised that this office filed a Motion for Partial Summary Judgment . in :the' above matter on behalf of, the Board. You might recall that. one of the central issues in .the plaintiff ' s appeal- in this matter was their Conten tion that they were entitled to. a construction grant of a variance due to the failure of the Board to file it' s de- cis'ion within 14 days of. the vote to deny the requested, var- iance. It was the position of this office and that of Board Member James M. Fleming that so long as the Board "acts" . Within 75 days of filing a petition, there can be no con- struction grant even though the: `decision is .not filed within 14 °days og, making it, provided ,it is filed within the 14-day interval following the expiration of the 75 day period.. In the instant case, . the decision ',was filed within 14. days of the .75. day period. Acrord.i_ngll, the Superior Court hac granted my '.lotion . for ,Partial Summary Judgment and the Board has: pievailed.'.on the issue of the timeliness of the`. filinq of the decision. All that will be litigated, at trial is whether. o.r not the plaintiffs can prove, the three`prerequisites (l :e , special circumstances, hardship, prerequisites detriment, etc. ) entitling them 'to a variance I am enclosing copies of the decision along with copies of 'my ,pleadings .for'.your records: , ruly yours, chael E O'Brien ity Solicitor MEO/Jp Enclosures cc : Building Inspector . . ...... ... COMMONWEALTH OF MASSACHUSETTS Department Of The Trial Court Essex, as. Superior Court No. 86-2150 ji Priscilla, L. Hemphill, at al vs, James B. Hacker, at als DECISION ON DEF'FNDf1:NTS ,MOTION.FOR PARTIAL SUMP-IARY JUDGMENT This motion for partial summary judgment relates to that part of G.L. c. 40 A s.15 that reads. ". . . Failure ,of the Board to act within seventy-fivedays shall .be doomed to be the grant of relief . .." From the defendants' 'affidavit it appears the board acted (its oral vote to. deny) . on ,Tuly 23, 1986,, sixty-eight , (68 ) days . after the . plaintiffst petition was filed with the Board on May 160 1986., 2 The plaintiffs have not filed any counter affidavit. The filing of the decision within 14 days is directory and indicates .the start; .of 'appeal rights under s.17. In this: case the decision was filed 20 days after t:na board act:a, Therefore partial summary judgment is entered in favor of the defendants in that no ."constructive" grant resulted. Jut ce of the superior Coury Entered; November 200 1986. i I i i COMMONWEALTH OF MASSACHUSETTS Department Of The Trial Court Essex, ss. Superior Court No. 86-2150 Priscilla L. Hemphill, et al vs. James B. Hacker, et als PARTIAL SUMMARY.JUDGMENT (MASS. R. CIV, P. 56 ) This action came to. be heard before the Court,. Forte, J. presiding, upn the motion, of .the defendants Umes B. Hacker, et ala for summary judgment pursuant to Mass, R. Civ, P. 569, the parties ' having been heard, the Court finds that there is no genuine •issue as to material 'fact., and that .the defendants are entitled to a partial judgment as a matter of law. It is hereby Ordered; partial summary judgment in favor of the defendants in that no "constructive" grant resulted, . Date. November 20, 1986. Assiat:rt . Gle:k i i COMMONWEALTH OF. MASSACHUSETTS ESSEX, SS. SUPERIOR COURT CIVIL ACTION NO. 86-1250 PRISCILLA L. HEMPHILL, ET. AL. , PLAINTIFFS Vg SUBSTITUTED MOTION FOR PARTIAL SUMMARY JUDGMENT JAMES B. HACKER, ET. ALS. , DEFENDANTS Now come the above-named ,defendants and,pursuant to Rule 56of the Ma ssachusetts. Rules of Civil Procedure and Superior Court Rule 9 , . moves that this Honorable Court grant the said defendants . Partial . Summary Judgment rela- tive to the allegations implicit' in paragraphs #3 , #4 and #5 of plaintiff ' s Complaint that the plaintiffs are entitled to a constructive grant of a variance because the defendants did not make and file a decisi:on_on plaintiff ' s petition for a .variance in a timely manner pursuant to the time require- ments of Massachusetts General Laws, Chapter 40A, Section 15 . Board of Zoning Appeals City of Salem � .; By . r attorney: . O'E. rienlchae City Solicitor 81. Washington Street Salem, Mass . 01970 Telephone ( 617 ) 744-3363 COMMONWEALTH: OF MASSACHUSETTS ESSEX, SS. SUPERIOR COURT " CIVIL. ACTION NO. -86-2150 . .. PRISCILLA L. REMPHILL ET. AL.`, 'PLAINTIFFS VS BRIEF IN SUPPORT of DEFENDANTSMOTION JAMES B. HACKER.,; FOR PARTIAL SUMMARY ET. ALS. , JUDGMENT DEFENDANTS The defendant: submit this brief in support of their Motion for Partial. Summar3 Judgment. I. STATEMENT OF' THE, ISSUE 1. Whether or not ' the defendant .Salem Board of Zoning Appeals made and filed its decision relative to the plaintiffs' petition for the granting .of var= iances in a 'timely manner pursuant to the provisions of Massachusetts General Laws, Chapter .40A, Section 15 . II. ARGUMENT On May 16 , 198.6 the plaintiffs filed a petition for; granting of variances with the Board of Zoning "Ap " peals, City of Salem._ On July 23, 1986; the Board .of Zoning Appeals, voted orally, at. a `public hearing held sixty-eight (68 ) days after the;"filing of the petition, to deny the .variances' requested.: The written decision of the .Board of. Zoning Ap- peals, assigning`reasons for the denial, was filed with the .City Clerk,. "City of Salem, on August 12 , "1986y • twenty . (20;) days after the oral decision and . eighty-eight (88 ) days after the ,filing of the..'pe-. tition for .variances. Both of the above. actions of the Board, of" Zon- ing Appeals meet the requirements of the provisions of -Massachusetts General Laws, Chapter 40A, Section 15 , as enuniciated in' O'Kane v. Board of Appeals of Hingham, 478 NE 2d 962 (1985 ) , a copy of whichis appended hereto. III . CONCLUSION The defendants are entitled to the Partial Sum- mary Judgment requested in their accompanying Motion of Same, for the reasons set forth above. Board of Zoning Appeals City of Salem By th ' r attorney: Michael E. O'Brien City Solicitor 81 Washington Street Salem, Mass . 01970 Telephone ( 617) 744-3363 Attachment .962 Mass. 478 NORTHEASTERN REPORTER, 2d SERIES i - that because the precise effect on a jury of 20 Mass.App. 162 the particular happening�could. not be.as- Ida C. O'KANE P �' sessed, prejudice must be assumed to the point of justifying the undoing of it convic- �2(y BOARD OF APPEALS OF HINGHAM. F j tion otherwise well founded. Although the • .decision no doubt followed from a delicate Appeals Court of Massachusetts, scruple on the part of the judge; it was not Plymouth. . realistic: in all likelihood the prejudice Argued Feb. 4, 1985. would be nil, and certainly not such as to t; impeach the stability of a criminal .judg- Decided June 3, 1985. ment. Nor could the judge's decision be defended as lying somewhere at the edge Applicant for zoning variance chat- of discretion. Cf. Woodward v. Leavitt, . lenged decision of town board of appeals. 107 Mass. 453, 460_(1871); Commonwealth .The Superior Court,.Plymouth County, Guy v. Royster, 15 Mass:App. 970,.971„446 Volterra, J., held that board constructively N.E.2d 1078 (1983). The result .did not .granted applicant's variance by failing to square with decisions in:comparable cases. file written decision in timely manner, and of casual invasions of jury rooms,$,and wasboard appealed. The Appeals Court, Kap- z miles apart from;the. better known..iitaa tart, Jr held;lNat under.statute providing tions of the coma umcaUoo::of consequen that;.YaI ure`of board to:act.within 75 days. tial nonrecord facts to jurors, or of jurors 'ot application would constitute constructive undertaking surreptitious'private views'of` 'grant of relief and directing board to file' the scenes of action.° We can say'.on the '., written notice of decision within 14 days, record beyond a reasonable;doubt that no *Ward, after making, decision within 75 prejudice or.material tendency toward prej days, could effectively file written decision udice was shown., See Adler '377.Mass.at more than 14 days after.decision as.long as 201, 385 N..E.2d 519. Accordingly,.the or.,, it'ftl'ed decision within 14 days after expire- der allowing a new trial is vacated.and the ::tion of the 75 days. conviction is reinstated. Judgment reversed. So ordered 1.-••Zoning and Planning is-36.1 Under M.G.L.A. C. 40A, 5 15, ,govern- ing hearings by board of appeals in zoning ' o Surrueeutrntn cases, board must decide case within 75 , T days after date of commencement of pro- ceeding. 2. Zoning and Planning e-542 Under M.G.L.A. C. 40A, 415, govern. - ing hearings by board of eppeals in zoning V" 3. See United States V. Lubrano. 529 FJd-633, C. See Commonwealth v. Hunt, 392 Mass 26 ; 638 (2d Cir.1975); United Stoiq v. Luciano, 734 37-43,465 N.E.2d 1195(1984); United States,ex 91 F.2d 6$.71 (Ist Cir,1984); Harris w Common rel, Owen v. McMann, 435 ed, 2 U3. 815. 6191 wealth, 315 S, 636, 633 (1958); .State v. 619(2d CIr.1970);cert.denied,s02-0S:906.91' Buffa,,51.NJSupei.218.238-239, 143 kid 633 S.CI. 1373,28 LFd.2d 646(1971). Cf.Com-(Wf� (1958); State v.'Billups, 301 N.C. 607,.616x417,. wealth v..Tawres,_385 Mass. 140, 155-156 UO 272 S.E.2d 842 (1981); DrUmme v;.State. 366 N.E.2d 1198 (1987). .,.., P.2d 20,25-26(Wyo.1961); with which compare Turner v. Louisiana, 379 U.S. 466, 474;85 S.CI: 5. See Harrington v. Worcester, Leice;W • 546,550, 13 LEd.2d 424(1965); United States v. Spencer St. Ry., 157 Mass.579.582-583,'72 NE ,V Freeman, 634 F.2d 1267, 1269-1270 (10th Cir. 955 (1893). Cf. Commint aalth V. lone; 15 ream Mass.App. 692, 694-6.96, 448 N.F-2d 400(1901 r O'KANE v, BOARD OF APPEALS OF HiNGHAM Mass. 963 611...479 NX-2d 42 (PA...App. 1995) cases, board's decision, made '41 days after .in the office of Hingham's town clerk. The application and filed in writing 76. days, -defendant board of appeals conducted a. after application, denying application for . publiahearing on the application on August f1. variance was effective, notwithstanding ' •16, 1983, forty-one days after the applica- I ,- 4 provision in statute that failure to act with-. {ion, and on the same day the board voted. ( 9 in 75 days of application would constitute - '(orally) to deny it The written'decision ot grant of relief sought and directing that the board, assigning reasons, was filed in - Written decision be filed within 14 days. ,;the town clerk's office on September 20, 3. Zoning and Planning t-361 1983,thirtyfive days after the oral decision Under M.G.L.A.c. 40A; V15,providing and seventy-six days after the application. that failure of board of appeals to act in O'Kahe took her "appeal" to the Superior_ , zoning case within 75 .days of. commence. Court under G.L. e. 40A;3 17, on October 5 ment of case constitutes 'grant of relief 5; ,1983, within the twenty days allowed. . y sought, in order to avoid constructive grant Upon stipulated facts, in substance as just of relief, board need not file written deci- :narrated, a .judge of the Superior Court o :sion within 75 days; rather, as long as ruled;;agreeing vgth the plaintiff, that the d decision is made within 75 days, filing of variance must be held to.have been "con- written decision may effectively be made structively" granted because of the failure r within 14-day interval following expirationof the board to file its written decision in 9 of the 75 days. the town clerk's office within fourteen days e following.its action in rendering the oral e decision: The board appeals to this court. e Chester A.Janiak, Boston;for defendant. We reverse. 1' Douglas.A. Randall, Quincy, for plaintiff. [1-3) The judge argued,plausibly, that Before GREANEY, C.J;, and.KAPLAN the;fourteen-lay provision was "mandato- and BROWN, mandato-and'BROWN, JJ. ry.," but the later opinion in Zuckerman o- t Zoning Bd. of Appeals of Greenfield, 394 . yA KAPLAN, Justice. Mass. 663,665-667, 471 N.E.2d 132 (1985), S �:• The notoriously confused text of G.L. c. establishes the contrary: the provision is 40A, 4 15, fifth par., as appearing in. St. "directory." Hence, in Zuckerman, where 1975, c. 808, 4 3 (set out in the margin') theappropriate. writing was filed more t- .presents yet ,another difficulty, and we than fourteen days following decision, but ; q >; seek to find the more satisfactory,solution. within the seventy-five days after applica- 5 ? On July.,.6, 1983, the plaintiff Ida C. tion, a"constructive" grant of.the applica- . . O'Kane filed her application for it variance tion was averted and an appeal of the deci 1. 'All hearings of the board of appeals shall be shall be a .public record; and notice of the 'open to the public. The decision of the board decision shall be mailed forthwith to the yeti- shall be made within seventy-five days after the . .Boner,applicant or appellant, to the parties in ( , .?;. date of the filing of an„appeal, application or - Interest designated in section eleven, and to s petition except In regaro to special permits• as every'person present at the hearing "vho re. , •. provided-for in section nine of this chapten quested that notice be sent to him and stated the . t nt Failure by the board to act within said seventy address to which such notice was to be sent. . s ?, five days shall be deemed to be the grant of theEach notice shall,specify that appeals, if any, +. j relief,.application or petition sought, subject to .shall be made pursuant to section seventeen and - )' 1 an applicable-judicial appealas provided for In 'shall be filed within Twenty days after the date this l this chapter: The board shall cause to be made of,filing of such notice In the office of city or ti di i n - a'detailed record of Its proceedings, indicating 0 - Town dark.' - f the vote of each member upon each question,or if absent or failing to vole, Indicating such fact, - { 2. .It Is settled that the board must do v.' within ,y and setting forth clearly the reason'or reasons 1 for its decision and of Its officialpdiona,aepies the,`sevenlyfve days. See Rlnhudo e•Zoning . of all of which shall be filed within fourteen 'Bd-of Appeals of Plymourh, 383 Mass.883, 421. i days in the office of the clty:or town clerk.and N£.2d.439 (1961). #L s.Oec.477"79 N.E.2e i9 j 1; 964 Mass. 478 NORTH EASTERN REPORTER, 2d SERIES Sion to the Superior Court,'had it been G.L. c;40A, § 9,as appearing in St: 1975,C. timely taken, could reach the substance.' .808, § 3, states that "(f]ailure ... to take The present case is a variant on Zucker ,Gnat action upon an application for a spe- man. Here the writing was filed more cial permit within ... ninety days following than fourteen days after the decision, and the date of public hearing shall be deemed seventy-six days after the application. And "to be a grant of the.permit applied for." so we have the question, posed but not Of these cited cases the court goes on to answered in Zuckerman, whether filing say,."where statute requires ficial action must at all events-occur within the.seventy- within ninetydays, decision must be-made five days, or may be effectively made with-: and filed within that period of time" (em- in a fourteen-day interval following the.ex- phasis in original).' Section 15 stands in piration.of the seventy-five days. As indi= contrast to § 9. It does not speak of final cated in Zuckerman; at 665, 477 N.E.2d' action within the seventy-five days but of 132, these appear to be the only.common- the board acting (i.e., deciding) within that sensical alternatives; and we think the lab period, and then having, a further period ter position accommodates:better-to the for filing. text and scheme of § 15, such as they are. ,Judgment reversed. In the second sentence, the "(f)as'lure:by the board.to act within said seventy-five days" refers to 'the decision of the board" o Sstr xuausmnx mentioned in the preceding sentence; and T -- the "within fourteen days of the.third sentence, being directory, allows not less \ than that period after the decision is,tnade for memorializing and,filing tt . :S'uppose a 20 Mass.A decision on the seventy-fifth day; it would pp.927 Ross H. HIGGtNS be hard to deny th'at'the.board had a fur- ther fourteen days"in,which to file it! ` V• That terminus, we think, should apply even : CITY ,t)F SPRINGFIEI where the decision was made at an earlier point in the period .of,seventy-five ;days. Appeals Cour of Massac usetts, " In Zuckerman, at 666":n 2 479 N.E.2d' He pden. 132, the court said, "We eipress no view on Argued Mar h 2 1984. the situation where the board makes'its Decided Jun 1985. decisioq within.seventy-five days, but:files �. its decision within fourteen days after the ' seventy-five day period has elapsed. The . Landowner brought ac 'on seeking to court then, after the.aign "Cf.,," cites two recover money paid/to city r front foot- j special-permit cases' -where the statute,_. age charge imposed by city as ordi,i., of ! i 3. In fact the appeal-to Superior Court under dissenting). Cor4are Cullen v. Bui ins inspec• § 17 was not timely taken in Zuckerman "(at for of N. Auleborough, 353 Mass. b7 679, 234 667-670, 477 N.E.2d 132). N.E.2d 727 (1968), and comment th reon in 4. in that,prefix situation,where decision is on CWWOH a V. Zoning Bd, of�4,opeals 'of il)ord, 377: Mau. b7, b9-70, 384 N.E.2d 1218 1919). the scventyfifth day'no more than fourteen ; _ days would be allowed for filing. Otherwise the i Funcen could be.protracted Indefinitely,as was. S. Building-Jnspector of Attleboro v. Aide oro t - londJili,j ince,. 384 Mass. lQ9, 110-111, 2J Possible under the predecessor statute. It was a Clear purpose of the enactment of§ 15 to"avoid N.E.2d I009 (1981); Elder Care Servs„ Inc. v, any such perpetual"cloud: See Capone V.Zan- Zoning id,pl Appeals of Hingham, 17 Mau.Apoi ins Ed. of Appeals of firchburg, 3.89 Mass: 617,, - 480, 481, 459 N.E.2d 832(1984), 623, 451 N.E.2d"4141-(1983),quoting from Nae ,' v. Board of Appeals of Hingham,'13 Mass.App. 6. See the extended analysis of§ 9.in the Build. 103, 111, 430 N.E.2d.853_(1982) (preben. J., ing inspector ease.,.note 5 supra. COX _ h �jeeoImms CITY OF SALEM HEALTH,DEPARTMENT ; BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 March 26, 1986 Priscilla Hemphill 594 Pearl Street Reading. Mass, 01867 Dear Sir/Dear Madam: In accordance with Chapter 111, Sections 127A and 127B, of the Massachusetts General Laws, 105 CMR 400.000: State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation, an inspection, was made of your property at�0 Summer etrPer _Salem, Massachusetts, occupied by Common Areas%ExteriorThis inspection was conducted by V. Moustakis Salem Health Department, on 3/24/86 at 11 :00 A.M. Based upon said inspection, you are hereby ordered to take the following action within 24 hours of receipt of this order: From 12/27/85 Must provide lighting for cellar stairs (2 stairwells) Based upon said inspection, you are hereby ordered to take the following action within 5 days of receipt of this order: From 12/27/85 Must provide cellar stairwells with ballusters at intervals so that a 6 inch sphere cannot pass thru. From 1/21/86 Must repair or replace stairtreads that are broken or loose. While back porch alterations are being done must remove all accululation of wood and roof shingles so as to prevent any fire or safety hazards from occurring. From 2/13/86 Must provide front exterior stairs with ballusters or alternates so that a 6 inch sphere cannot pass through; Page 1 t. SALEM HEALTH DEPARTMENT March 26, 1986 Page 2 of 2 ` 9 North Street Salem, MA 01970. d Tenant(s) .Common Areas/Exterior a" Property in Salem. at 70 Summer Street TO:Priscilla Hemphill 594 POa .Str�Pt 'moi ONE OR MORE OF THE ABOVE VIOLATIONS MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH, SAFETY AND WELL-BEING OF THE OCCUPANTS. Failure on your part to comply within the specified time will result in a complaint 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 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 TTHHlE/ BOARD QOFF� HEALTH /V. Moustakis ROBERT E. BLENKHORN, C.H.O. Health Agent .CerGified .Mail. /l P-328-419-284 enc. Inspection Report cc: Tenant -XBldg. Inspector — Electrical Inspector PlumbtDg b Gas Inspector X- Fire Dept. _ City Councillor Este es un documento legal importante• Puede que afecte sus derechos. A s yKKXO,M4 N y -�A�lMM6 S�a CITY OF SALEM HEALTH-'DEPARTMENT BOARD'OF HEALTH` Salem, Massachusetts r01970 ROBERT E. BLENKHO_RN, +',. .9 NORTH STREET ' HEALTH AGENT. - - - - - -. (617) 741.1800 _ . ,. .. - CHs hx t ry December 23; 1985 �, r �m u Stephenson &.Priscilla Hemph( 11 ,. ' 59 Pearl Street n o 4a Reading, Mass. 01867 cn Dear Sir/Dear Madam: N � In accordance with Chapter 111, Sections 127A and 127B, of the Massachusetts General Laws, 105 CMR 400.000: State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation, an inspection was made of your property at 'QG-Summer'Street-N Salem, Massachusetts, occupied by Exterior of Buildinq---� This inspection was conducted by V. Moustakis Salem Health Department , on 12/19/85 at 10:00 A.M. Based upon said inspection, you are hereby ordered to take the following action within 5 days of receipt of this order: Must remove accumulation of roof shingles in back yard and on side of building also must remove wood and ladders. Must remove accumulation of garbage and debris under back porch. Must provide rodent proof containers with tight fitting covers in sufficient quantity for all tenants. aR,e 1. SALEM HEALTH DEPARTMENT Page 2 of 2 9 North Street Tenant(s) 70 Summer Street Salem, MA 01970 M1� December 23, 1985 Property in Salem at EzSerior of 9uildingT .d. To: Stephenson b Priscilla Hemphill 594 PearlStreet Reading-, Mass. Q-11867 CM -i _ "< N rn (A tTi t� 4;3 CJ 7 ACs A "q N C7 ONE OR MORE OF THE ABOVE VIOLATIONS MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH, SAFETY AND k'ELL-BEING OF THE OCCUPANTS. Failure on your part to comply within the specified time will result in a complaint 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 wifl 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 BOAR OF HEALTH ROBERT E. BLENYdIORN, C.H.O. Health Agent Certified Mail /1P-126-118-485 enc. Inspection Report cc: Tenant -XBldg. Inspector _ Electrical Inspector Plumbing & Gas Inspector X Fire Dept. City Councillor Este es un documento legal importante. Puede que afecte sus derechos. r �;�uNM1 9 �AfO1HM6��Y ��li Jd �4 CITY OF SALEM HEALTH DEPARTMENT RECEIVED BOARD OF HEALTH CITY OF SALEP,''MASS. Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 December 30, 1985 J. Stephenson P. Hemphill PP aro Srr Reading, MA 01867 Dear Sir./Dear Madam: In accordance with Chapter 111, Sections 127A and 121B, of the Massachusetts General Laws, 105 CHR 400.000: State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMP. 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for Hunan Habitation, an inspection was made of your property at 70;Summer Salem, Massachusetts, occupiedComm'o�n� areas" This inspection was conducted by V, MQUstankiol_BlDrLaTdSalem Health Department, on December26T19K, Q— 2: 15 p.m. The following violations still exist from February 13, 1985 and were inadvertently omitted from report of December 27, 1985 and must be corrected within 30 days of receipt of this letter. JBoiler may possible require enclosure - contact Building Inspector / Height of back porch railings may be inadequate - contact Building V Inspector Repair back porch Repair area under porches where portions of lattice boards are missing and remove the junk inside. SALEM HEALTH DEPARTMENT page 2 of— 2 9 North Street Common areas Salem, MA 01970 Tenant(s) t Property in Salem at 70 Summer Street To:-.T granhencon P. Hemphill 594 Pearl Street _$ ac@__ i_iinng_ MA 01863 ONE OR MORE OF THE ABOVE VIOLATIONS MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH, SAFETY AND WELL-BEING OF THE OCCUPANTS. Failure on your part to comply within the specified time will result in a complaint 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 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 at OFF� HEALTH l/ ROBERT E. BLENKHORN, C.H.O. Health Agent Certified Mail # P126 118 493 enc. Inspection Report z� B cc: Tenant ldg. Inspector — Electrical Inspector X Fire Dept. _ City Councillor Este es un'documento legal importante. Puede que afecte sus derechos. 2 , 40- opt ra4rse.e..eu✓. �- SEP 8 25 °87 RECEIVED CITY OF saLEN, rar,ss. September 4, 1987 Mr. William Munroe Building Inspector CITY OF SALEM One Salem Green Salem, MA 01970 RE: 70 Summer Street - Zoning/Occupancy Dear, Mr. Monroe, On August 31, 1987, I called your office to inquire if there was an existing Ordinance/Law governing the number of unrelated persons who could live in the same rented dwelling unit/apartmert. Your office informed me that the City of Salem does enforce an Ordinance/Law which prohibits the owner of a rental dwelling/apartment to rent or lease the same rental dwelling/apartment to more than two unrelated persons. As a property-owner-occupied-resident of this neighborhood, to my knowledge, 70 Summer Street is rot zoned as a rooming house. Therefore, I am requesting that your office inspect the premises and check as to whether or riot three (3) of the dwelling units/apartments are being rented/ leased to, twelve, ( 12) unrelated people, each individual having a separate lease agreement. If this situation stands true, the owner may riot be aware of this particular Ordiriance/Law and should be informed of same and should comply with sane. Being a resident of this neighborhood yourself, I am sure you are fully aware of the over-congested parking and noise problems we already experience. The residents of this neighborhood should rot have to be subjected to any additional problems, especially when there is an existing law to protect us from same. Your prompt attention in this matter along with appropriate action if you find owner riot complying with this ordinance/law is greatly appreciated. Thank you. cc: Anthony V. Salvo, Mayor Vincent J. Furfaro, Ward 3 Councilor Michael O' Brien, City Solicitor Robert Blenkhorn, Health Agent ,d-< cj / TENANCY AT WILL AQ,s-4, s- Date: —1— ' �F'7 CAN LORD _ ents and the (NA e, ddress,and Telephone Nurpber) T NANT: A hires the PREMISES atyo `"acv`` eatedj' Unheated) consisting of 19A J Q'^ ^ (Circleone ate RENT of$ per payable on the day of each .424 in advance, (week,,mo the rental Period commencing on Landlord rents to tenant the premises at the specified rent from rental period to rental period.Thistenancy may be terminated by a written notice given by either party to the other before the first day of any rental period and shall be effective on the last day of that rental period,or thirty days after such notice has been given,whichever is longer;provided,however,that in the event of any breach by Tenant of this agree- ment, Landlord shall be entitled to pursue any and all remedies provided or recognized bilapplicable law.This tenancy shall be under the fol• lowing terms and conditions: t, CARE OF PREMISES —The Tenant shall not paint,decorate or otherwise embellish and/or change and shall not make nor suffer any ad- ditions or alternations to be made in or to the premises without the prior written consent of the Landlord,nor make nor suffer any strip or waste,nor suffer the heat or water to be wasted,and at termination shall deliver up the premises and all property belonging to the Landlord in good, clean and tenantable order and condition,reasonable wear and tear excepted,No washing machine,air-conditioning unit,space heater, clothes dryer, television or other aerials, or other like equipment shall be installed without the prior written consent of the Landlord. No waterbeds shall be permitted in the premises. 1 2. MAINTENANCE —For maintenance,if other than Landlord contact: le {Name) (Address) . (Telephone No.) 3. CLEANLINESS — Tenant shall maintain the premises in a clean condition and shall not sweep, throw, or dispose of nor permit to be swept,thrown,or disposed of, from said premises nor from any doors,windows,balconies,porches or other parts of said building,any dirt, waste, rubbish,or other substance or article into any other parts of said building or the land adjacent thereto,except in proper receptacles and except in accordance with the rules of Landlord. '• 4. DISTURBANCE, ILLEGAL USE — Neither the Tenant nor his family,friends,relatives,invitees,visitors,agents or servants shall make or suffer any unlawful, noisy or otherwise offensive use of the premises,nor commit or permit any nuisance to exist thereon,nor cause damage to j the premises, nor create any substantial interference with the rights,comfort,safety or enjoyment of the Landlord or other occupants of the r same or any other apartment,nor makg any use whatsoever thereof than as and for a private residence.No articles shall be hung or shaken from the windows,doors,porches,balconies,or placed upon the exterior windowsills. 5, COMMON AREAS —No receptacles,vehicles,baby carriages or other articles or obstructions shall be placed in the halls or other common areas or passageways. 6, HEAT AND OTHER UTILITIES— The Tenant shalt pay,as they become due,all bills for electricity and other utilities,whether they are used for furnishing heat or other purposes, that are furnished to the premises and presently separately metered. The Landlord agrees that he will furnish reasonably hot and cold water and reasonable heat (except to the extent that such water and heat are furnished through utilities metered to the premises as stated above) during the regular heating season,all in accordance with the applicable laws,but the failure of the - Landlord to provide any of the foregoing items to any specific degree,quantity,quality or character due to any causes beyond the reasonable control of the Landlord, such as accident,restriction by City, State or Federal regulations, or during necessary repairs to the apparatus shall not )subject to applicable law) form a basis of any claim for damages against the Landlord. This section governs utility payments, Be sure to discuss with the Landlord those payments which will be required of you for this apartment. - 7, KEYS AND LOCKS — Landlord shall, within a reasonable period of time following receipt of notice from Tenant of such condition,re- pair or replace any detective exterior locks. Locks shall not be changed,altered,or replaced nor shall new locks be added by Tenant without written permission of Landlord. Any locks so permitted to be installed shall become the property of Landlord and shall not be removed by Tenant,Tenant shall promptly give a duplicate key to any such changed,altered,replaced or new lock to the Landlord, COPYRIGHT ©1978 GREATER BOSTON REAL ESTATE BOARD All rights reserved. This form may not be copied or reproduced in whole or in pan in any manner wholsoever without the prior RHA NO.3 express written Consent of the Greater Boston Real Estate Board. P �-I OOP d 1 B q * (� � '�°eoUnPe Vn'A 1. U C2 itQ�S CITY OF SALEM HEALTH DEPARTMENT y'¢_ BOARD OF HEALTH �llf'Yy1F "'-Efd, � . Salem, Massachusetts 01970 ROBERT E. BLENKHORN December 27 198 9 NORTH STREET HEALTH AGENT 5 (617) 741-1800 J Stephenson E,-Hemphill 594 Peart St. Reading, a01 867 Dear Sir/Dear Madam: In accordance with Chapter 111, Sections 127A and 127B, of the Massachusetts General Laws, 105 CMR 400.000: State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness_for_Human_Habitation, an inspection was made of your property at Summer qt-- Salem, Massachusetts, occupied by common areas- - _ y� This inspection was conducted by V.Monetakis/B Lnrkard Salem Health Department, on 12.-26-85 at 2:15 pm A reinspection of this property revealed that some violations still exist from inspection of February 13. 1985 and code violation letter of March 18, 1985. Based upon said reinspection, you are hereby ordered to take the following action within 24 hours of receipt of this order• Provide adequate locking mechanism for main front entry door Provide right back door with adequate locking mechanism Secure 'and/or repair detector coverplates in back hall Provide lighting for cellar stairs and cellar Remove all obstructions from all means of egress leaving egress free and clear at all times Based upon said reinspection, you are hereby ordered to take the following action within 5 days of receipt of this order: ✓ Provide railings and ballusters ( placed at intervals so that a 6 inch sphere cannot pass through at main front exterior stairs Post name, address and phone of owner(s) in front interior hallway Page 1 ' hb SALEM HEALTH DEPARTMENT Page 2 of 2 9 North Street 4 d .common areas Property Salem, MA 01970 Property in Salem at g 70 .Summer $T. To: Stephenson P. Hemphill ` Provide emergency lighting. CONTACT BUILDING INSPECTOR WrrHIN 5 DAYS V for permit, and contact this department as to when your electrician will perform this work Provide exterior back stairs with railings and protective ballusters so placed at intervals that a 6 inch sphere cannot pass through Provide cellar stairs with railings and protective ballusters so placed / that a 6 inch sphere cannot pass through Y Replace and/or replace all loose and broken stairtreads on cellar ONE OR MORE OF THE ABOVE VIOLATIONS MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH, SAFETY AND WELL-BEING OF THE OCCUPANTS. Failure on your part to comply within the specified time will result in a complaint 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 officq, 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 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 AG BOARD pOF HEALTH -40A ,CCL1i� ROBERT E. BLENKHORN, C.H.O. Health Agent Certified Mail # P 126 118 470 enc. Inspection Report cc: Tenant XBldg. Inspector — Electrical Inspector Plumbfnq G Gas Inspector y/�['ire Dept. _ City Councillor Este es un X, legal importante• Puede que afecte sus derechos. ,ON�, Ctt II tt#ent, ttS�ttC LISP##8 Public Prvpert� Deparhuritt 9 '�jAQ�IMML�M'tv �uiltl illq ]t+epttrtntent Mur �alrm (hirren 7.15-11213 William H. Munroe Director of Public Property Maurice M. Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. November 20, 1987 J. Stephanson & Priscilla Hemphill 594 Pearl Street Reading, MA 01867 RE: 70 Summer St . , Salem,MA. Dear Mr. & Mrs. Hemphill, This department is in receipt of written complaints regarding the above referenced property. I would call your attention to the City of Salem Zoning Ordinance, Section V, A, 2, rooming and boarding of not more than two persons. It appears that a Violation of this Ordinance may exist. Also it appears that a Violation of Mass. General Laws, Chapter 140, Sub Section 22 may exist, regarding Lodging Houses. Would you please contact this office within seven (7) days from receipt of this letter, to arrange for a site inspection. If we do not have a reply a complaint will be sought in Salem District Court . Sincere y, Stephen W. San y Assistant Building Inspector SWS/eaf C.C. L. Mroz Solicitor Ward Councillor �y'CON M1b V'i#u o �-`�vtllPni, ��ss�ch.usE##� Public PropertU Pepartlueut .. s )I uilbillg Inepltrtruettt (One �inlem (hirren 745-0213 William H. Munroe Director of Public Property Maurice M. Martineau. Asst Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. Leclerc, Plumbing/Gas Insp. December I , 1987 To Whom it May Concern: Made a site visit with Maurice Martineau to 70 Summer Street, Salem, Mass about 9:30 A.M. Met Mr Hemphill for a walk through out the building, a four unit dwelling. The first floor right and second floor right were empty. The first floor left was occupied by a couple and their daughter, a Frank and Anne Russell and daughter. After inspecting this unit it was evident that no more than three people occupy this unit . The attics were inspected and there were no signs of anyone living in this unfinished space. Inspection of the second floor left unit revealed a layout similar to all other units. There were two college age girls in this unit at the time and it appears from Tenancy at Will form supplied by Mr. Hemphill that another girl also occupies this unit for a total of three. All units were well kept and showed no signs of abuse. Stephen W. Santry Assistant Building Inspector CITY OF=SALEM ' MONTH1 No— AQ M- IZ (J�DO 1CO?' J. LOCATION til 1 ' r. NAME OF OFFIEND1,11 ADDRESS 3 CoAM94a • ' SZIP ©t945 I hereby acknowledge receipt of the foregoing citation X Is ! [ ]Unable to.obtain signature of offender . ADate Mailed7/1., e�•. [ ]'Posting Advertisements,Notices on City Property SCO 4-2 [ ]:Illegal Signs [ [Violation of State Building Code BCD 4-39 and 4-47 . t,ASCD 12-1 [ ]Removal of Unsightly Conditions i)I Violation of BOCA Nat.Fire Prov.Code F3 SCO 12-56 CO 20-111 [ ]Keeping of Trailers,Comm.and Rec.Vehicles,etc. - - N) SCO 24-21.1 [ ]Removal of Snow/Ice from Sidewalks SCO 38-13 and 38-14 [ ]Zoning Ordinance SZO§ [ ]Other Con. _ Signatyray��in Pe,Lson Department •L7 _ /�/_ Amount of Fine:' [ ]Warning [ ]$25.00 j $50.00 [ ]$100.00 [ ]$200.00 [ 1$300.00 [ )Other You have the following alternatives in this matter within 21 days of the date of this notice: [ I choose to pay the fine within 21 days of the date of this notice. Enclose a check or money order payable to the City of Salem and return it in this envelope or by delivering in hand to the City Clerk's Office,City Hall,93 Washington Street,Salem, MA 01970.If delivering inhand, please note the hours of City.Hall operation;Monday through Wednesday from 8:00 a.m.to 4:00 p.m,Thursday from 8:00 a.m.to 7:00 p.m.and Friday from 8:00 a.m.to 12:00 par, [ ]choose to contest this matter within 21 days of the date of this notice and request in writing a noncriminal hearing. Enclose a'copy of this citation and mail it to the Clerk Magistrate,Salem District Court,65 Washington Street,Salem,MA 01970.The Court will schedule a hearing. FAILURE TO OBEY THIS NOTICE WITHIN 21 DAYS OF THE DATE OF THIS NOTICE WILL RESULT IN THE CITY OF SALEM APPLYING FOR THE ISSUANCE OF A CRIMINAL COMPLAINT AGAINST YOU AND THE DENIAL OR REVOCATION OF ANY CITY OF SALEM PERMITS OR LICENSES YOU APPLY FOR OR THAT YOU HAVE BEEN GRANTED, INCLUDING BUILDING PERMITS. - .City of Salem,City Clerk's Office,93 Washington Street,Salem,MA 01970 (978)745-9595,ex1l.5610. SEE OTHER SIDE FOR FURTHER.INSTRUCTIONS ENCLOSE PAYMENT IN THIS ENVELOPE,PEEL AND SEAL' CITY_'OF-SALEM MONTH OAV YEpR TIME CONTROL NO. LOCATION NAM�E OF'O^'F�FENDER may/ pDDRE55 STATE MIL4I�f.rvw+•Y�1(/�.d'„, S'^ .I hereby acknowledge receipt of the foregoing citation X Date: [-]Unable-to.obtain signature of offender [ ]Date Mailed [ ]Posting Advertisements,Notices on City Property S004-2 [ ]Illegal Signs Violation of State Building Code ' SCO 4-39 and 4-47 SCO 12-1 [ ]Removal of Unsightly Conditions [ j Violation of BOCA Nat.Fire Prev.Code SCO 12-56 S0020-111 N [ ]Keeping of Trailers,Comm.and Ren.Vehicles,etc. SCO 24-21.1 [ ]Removal of Snow/Ice from Sidewalks SCO 38-13 and 38-14 Mining Ordinance ! ' SZO§. {s . [ ]Other Citation: Signature of Enforcing Person Department Amount of Fine: [ ]Warning [ ]$25.00 /7��,�{']'/$50.00 [ ]$100.00 [ ]$200.00 [ ]$300.00 " ['9 Other You'have the following alternatives in this matter within 21 days of the date of this notice: -[ ]choose to pay the fine within 21 days of the date of this notice. Enclose a check or money order payable to the Guy of Salem and return it in this envelope or by delivering in hand to the City Clerk's Office,City Hall,93 Washington Street,Salem, MA 01970. If delivering in hand,please note the hours of City Hall operation;Monday through Wednesday from 8:00 a.m.to 4:00 p.m.,Thursday from 8:00 a.m.to 7:00 p.m.and Friday from 8:00 a.m.to 12:00 p.m. [ ]choose to contest this matter within 21 days of the date of this notice and request in writing a noncriminal hearing. Enclose a copy of this citation and mail it to the Clerk Magistrate,Salem District Court,65 Washington Street,Salem,MA 01970.The Court will schedule a hearing. FAILURE TO OBEY i�IS NOTICE WITHIN 21 DAYS OF THE DATE OF THIS NOTICE WILL RESULT IN THE CITY OF SALEM APPLYING FOR THE ISSUANCE OF A CRIMINAL COMPLAINT AGAINST YOU AND THE DENIAL OR REVOCATION OF ANY CITY OF SALEM PERMITS OR LICENSES YOU APPLY FOR OR THAT YOU HAVE BEEN GRANTED, INCLUDING BUILDING PERMITS. City of Salem,City Clerk's Office,93 Washington Street,Salem,MA 01970 (978)745-9595,ext.5610. SEE OTHER SIDE FOR FURTHER INSTRUCTIONS ENCLOSE PAYMENT IN THIS ENVELOPE,.PEEL AND SEAL . -