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3 WARNER STREET - BUILDING INSPECTION �J 3 WARNER STREET o z � UPC 10330 No. 153L HASTINGS. MN 00 CITY OF SALEM, MASSACHUSETTS ; q PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 May 15, 2003 Erugus Sulesjmani 3 Warner Street Salem, Ma. 01970 RE: 3 Warner Street Dear Mr. Sulejmani: Per the State Building Code 780 CMR, Section 119.0, I issued a stop work order on your property, Furthermore, you are directed to contact the Salem Board of Health regarding the asbestos removal of the siding on your house. You are further directed to contact this office within 10 days upon receipt of this letter. Sincerely, 1 � / Thomas St. Pierre Acting Building Commissioner cc: Mayors Office Tom Phillbin Councillor Flynn Health Department, Jeff Vaughn Fire Prevention i • of it�ttlem' Mttssarllusetts �� '•� :!'O Public Vrapertg Department iguilbing Departmcnt (One *stem (5aen 500-7.15-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer August 11 , 1997 John Riley 3 Warner St . Salem Ma . 01970 RE : 3 Warner St . Dear Mr . Riley: This office conducted an inspection of the exterior of the above mentioned property, requested by the Salem Health Department . The following violations exist : 1 . Second means of egress at side of the structure must be re-built at once . (This is a major State Building code violation) 2 . Front means egress needs work to upgrade and to be made safe . 3 . Facia and sofitts need repairs . 4 . All gutters in downspouts need to be repaired . 5 . Repair loose siding. 6 . Cut weeds and overgrowth of grass at exterior foundation and sidewalk . Please contact this office when receipt of this letter. Failure to do so could result in .court action being taken against you. Thank you in advanced for your anticipated cooperation in this matter. Very t ul�urs ,r Leo E . Tremblay Director of Pub , c Property cc: Ward Councilor, Health Department , Fire Department IMPORTANTMESSAG'E�� Al DATE' - TIM116 ' 1<PHONE iifo� 7 N �MSER EXTENSION & �d5 fi �5� '"hyo- y4gNUMBER TIMEEjo CALL * cam„ �.4 yg AREA CODE TELEPHONED, r � -$�- � PLEASE'CAL1t,. �CAME TD. EE SY QI-� - e'S WANTS 0 SEE YOU" 'R�EfURNED YflUt3 FALL '� WI�L�KAj(TQ YOU �� „� @�"� iv'• ' Spa M£ t%N. n15vx §' S'+-wn %P �N N� 4.� MESSAGE'. ' SIGNE ""fiA"x' €• t. 'a e� .'MAOE Cftp of *alem, Aam5arbuzetV5 Public Propertp Mepartment 36uilbing Mepartment One 6alem&reen (978) 7459595 Cxt. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer December 27, 1999 Jon T. Skerry 6 Lynde Street Salem, Ma. 01970 RE: 3 Warner Street Dear Mr. Skerry: I am in receipt of your letter regarding Mr. Riley's property located on 3 Warner Street. I am well aware that a feud is going on between Mr. Fix and Mr. Riley. Mr. Fix complained to this department about several issues. We told Mr. Fix that we could only address building issues. The building issues are as follows; 1. Roof shingles on driveway side are completely worn out and are blowing off the house. 2. The rear porch is falling off the house. 3. The front porch was recently rebuild (without benefit of permits or inspections) and does not have any footings under it. 4. The soffit and fascia on the driveway side are rotted and in disrepair. State Building Code 780 CMR, Section 103.0 titles "Maintenance"requires the owner of a building to maintain all systems and equipment' regulated by the building code; in a safe and good working order. In summary,this office is not getting involved in the property dispute between the two neighbors,but is involved in enforcing the State Building Code. When a building code violation is brought to this office's attention, it is our obligation to pursue it. I might also Rt . page two suggest that you personally take a ride by your client's property and take a look at it. The problems being cited are obvious to any person looking at them. Sincerely, Thomas St. Pierre Local Building Inspector JON T. SKERRY ATTORNEY AND COUNSELLOR AT LAW SIX LYNDE STREET SALEM, MAssACHUSErTs 01970 (978)745.9481 Fax:(978)741-8354 (978)745.9488 - December 22, 1999 Thomas St.Pierre Local Building Inspector Building Department One Salem Green Salem,MA 01970 Re: 3 Warner Street Dear Mr. St. Pierre: Please be advised that this office represents Michael Riley,who resides at 3 Warner Street. I am in receipt of your letter dated December 20, 1999. My client advises me that the asbestos shingles on the driveway side of the house are completely intact and none of the shingles have blown or fallen off from the house. In addition,Mr.Riley disputes the other allegations contained in your letter. Please be advised that Mr.Riley is involved in a dispute with Mr. and Mrs. James Fix of 3 i/1 Warner Street concerning an easement that runs over property owned by the Riley Family. I enclose a copy of my letter to James Fix dated December 10, 1999. Mr. and Mrs. Fix have unfairly involved the Building Department in this property dispute. Mr.Riley considers Mr. and Mrs. Fix's actions to be harassment and Mr.Riley will not tolerate this. Any and all complaints were precipitated by Mr. and Mrs.Fix in an attempt to obtain an unfair advantage over Mr.Riley with regard to their property dispute. I request that you advise Mr. and Mrs. Fix that this is a private dispute between them and Mr.Riley. If Mr. and Mrs. Fix feel that they have a legitimate dispute concerning the easement,they should file a civil action with the courts to determine their rights rather than unfairly involving government agencies in a campaign of harassment. Very truly yo s J n . Skerry JTS/lm Enclosures cc: Michael Riley Citp of 6alem, 41amewbuattz Public Propertp Mepartment 3guilbing Mepartment (One Oalem Oreen (978) 745-9595(Ext. 380 Peter Strout Director of Public Property 0WANOP /y Inspector of Buildings lLli@t7Y Zoning Enforcement Officer December 27, 1999 , Jon T. Skerry 6 Lynde Street Salem, Ma. 01970 RE: 3 Warner Street Dear Mr. Skerry: I am in receipt of your letter regarding Mr. Riley's property located on 3 Warner Street. I am well aware that a feud is going on between Mr. Fix and Mr. Riley. Mr. Fix complained to this department about several issues. We told Mr. Fix that we could only address building issues. The building issues are as follows; 1. Roof shingles on driveway side are completely wom out and are blowing off the house. 2. The rear porch is falling off the house. 3. The front porch was recently rebuild (without benefit of permits or inspections) and does not have any footings under it. 4. The soffit and fascia on the driveway side are rotted and in disrepair. State Building Code 780 CMR, Section 103.0 titles "Maintenance"requires the owner of a building to maintain all systems and equipment' regulated by the building code; in a safe and good working order. In summary,this office is not getting involved in the property dispute between the two neighbors, but is involved in enforcing the State Building Code. When a building code violation is brought to this office's attention, it is our obligation to pursue it. I might also page two suggest that you personally take a ride by your client's property and take a look at it. The problems being cited are obvious to any person looking at them. Sincerely, Thomas St. Pierre Local Building Inspector Cite of *alem, Mamwbuotvg public Aftropertp ]Department 3guilbing Mepartment One 9palem &reen (978) 745-9595 (ext. 360 Peter Strout Director of Public Property Inspector of Buildings �� Zoning Enforcement Officer ^O December 20, 1999 John & Josephine Riley 3 Warner Street Salem,Ma. 01970 RE: 3 Warner Street Dear John & Josephine: Due to neighborhood complaints, I inspected the exterior of your property located at 3 Warner Street. The driveway side of the house needs to be reshingled. Pieces of shingles are literally blowing off the house. Also, the soffit and fascia needs to be replaced at the same time. Additionally, the rear porch needs to be rebuilt and the front porch needs to be footed properly. Please respond to this office within fifteen(15) days upon receipt of this letter. Failure to respond will result in legal action being filed in Salem District Court. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Thomas St. Pierre Local Building Inspector JON T. SKERRY ATTORNEY AND COUNSELLOR AT LAW Six LYNDE STREET SALEM, MASSACHUSETTS 01970 I (978)745-9481 Fax: (978) 741-8354 (978)745-9488 December 10, 1999 James Fix 3 `h Warner Street Salem, MA 01970 Re: Michael Riley V. James Fix Transmitted via Certified and First Class Mail Dear Mr. Fix: Please be advised that this office represents Michael Riley of 3 Warner Street, Salem, Massachusetts. I am advised that on December 4, 1999, All Star of Woburn, Inc., at your request, towed Mr. Riley's motor vehicle from property owned by Mr. Riley and his family. From my review of the Riley deed and your deed, the property from which Mr. Riley's car was removed is owned by the Riley family and not by you. Although you have a right of way or easement in this land to gain access to your property, this land is owned by the Riley family and not by you. This right of way or easement allows you to have the right of passage on this way to gain access to your property, nothing more, nothing less. Regarding this way, you have a right to use this way in a reasonable manner, i.e. to gain access to your property,but you have no right to use this property in any other manner. Mr. Riley, as an owner of this property,has a right to park his motor vehicle on this land owned by him provided it does not materially obstruct your access to your property. Mr. Riley advises me that his motor vehicle was parked off to the side allowing you and your family plenty of room to gain access to your property. Your towing of Mr. Riley's vehicle was unlawful. The Massachusetts Supreme Judicial case of Western Massachusetts Electric Company vs Sambos of Massachusetts, Inc. is instructive in this regard. In that case, the holder of a right of way or easement attempted to prevent the landowner from parking cars on the right of way. The Court held that as long as the parking of cars did not materially interfere with the right of way,the owner had the right to park cars on land owned by him. James Fix December 10, 1999 Page 2 It has also come to our attention that you or a family member is parking a white automobile on this right of way. You have no right to park any automobile on the right of way. This land is owned by the Riley family and not by you. Your right of way merely allows you to go on this way to gain passage to your property. The following demands are made upon you: 1. Reimbursement to Mr. Riley in the amount of$115.00, which represents towing and storage charges paid to All Star of Woburn, Inc. by Mr. Riley; 2. That you cease and desist from any further attempts to remove Mr. Riley's vehicle from this way, which is owned by the Riley family; 3. That you cease and desist from parking any motor vehicles on this right of way, since you have no right to do so. Mr. Riley will not tolerate any further interference with the land owned by him. He is prepared to take legal action to prevent you from any further unlawful conduct. Very truly yours, Jon T. Skerry JTS/lm J.. 4 6 3 CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH,RS,CHO NINE NORTH STREET HEALTH AGENT TCI:(978)741-1800 Fax:(978)740-9705 December 14, 1999 John & Josephine Riley c/o Michael Riley 3 Warner Street Salem, MA 01970 Dear Mr. Riley : In accordance with Chapter 111, Sections 127A and 1278 of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation, ari inspection was conducted of the property located 3 Warner Street occupied by Michael Riley conducted Mark Tolman, Sanitarian on Thursday, December 9, 1999 at 1:30 P.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to notify tenants of lead related reports and tests, and to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this Order. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s) to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. For the Board of Health: Reply to: J anne Scott�� Mark Tolman Health Agent, Sanitarian cc: Tena , Building Inspector, ighborhood Improvement Task Force Certified 958 JS/sjk c-h-violet DELIVERED IN HAND BY CONSTABLE MARK TOLM94 ON WEDNESDAY, DECEMBER 15, 1999. Page 1 of State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant : Michael Riley Phone: Address: 3 Warner streetpp Apt.# Floor Owner:john & Josephine Rilev(deceasedTddreSS: 3 Warner street Salem. MA 01970 Inspection Date: 12/9/99 Time: 1:30 PM Conducted By Mark Tolman Accompanied By: Building Dept/Neighbor Anticipated Reinspection Date: Specified Time Reg.#410.. Violation(s) Based on a tit complaint an inspection was conducted in accordance With Article II of the State Sanitary Code 105 CMR,410.000. Upon inspection the following were noted: , Currently numerous exterior building codef;violations. exist at property. Building inspector will be issuing a correct violatio notice. Currently both building owners are deceased. Son occupies 550 Building must be exterminated for bees by a licensedexterminatr while in the process of botrecting building code violations. :Receipt must besent-to .this de artment within-.deven days of ex e ' EXTERMINATION MUST BE COMPLETED BY APRIL 1' 2000. EXTERMINATION MUST INCLUDE PLUGGING OF ANY HOLES CAUSED BY THE BEES. Copy to: Building Department One or more of the above violations may endanger or materially impair the health safety, and well being of the occupant(s) Code Enforcement Inspector Este es documento legal importante. Puede que afecte sus derechos: JON T. SKERRY ATTORNEY AND COUNSELLOR AT LAW Six LYNDE STREET SALEM, MASSACHUSETTS 01970 (978)745-9481 Fax: (978)741-8354 (978)745-9488 December 22, 1999 Thomas St. Pierre Local Building Inspector Building Department One Salem Green Salem, MA 01970 Re: 3 Warner Street Dear Mr. St. Pierre: Please be advised that this office represents Michael Riley,who resides at 3 Warner Street. I am in receipt of your letter dated December 20, 1999. My client advises me that the asbesios shingles on the driveway side of the house are completely intact and none of the shingles have blown or fallen off from the house. In addition, Mr. Riley disputes the other allegations contained in your letter. Please be advised that Mr. Riley is involved in a dispute with Mr. and Mrs. James Fix of 3 '/z Warner Street concerning an easement that runs over property owned by the Riley Family. I enclose a copy of my letter to James Fix dated December 10, 1999. Mr. and Mrs. Fix have unfairly involved the Building Department in this property dispute. Mr. Riley considers Mr. and Mrs. Fix's actions to be harassment and Mr. Riley will not tolerate this. Any and all complaints were precipitated by Mr. and Mrs. Fix in an attempt to obtain an unfair advantage over Mr. Riley with regard to their property dispute. I request that you advise Mr. and Mrs. Fix that this is a private dispute between them and Mr. Riley. If Mr. and Mrs. Fix feel that they have a legitimate dispute concerning the easement, they should file a civil action with the courts to determine their rights rather than unfairly involving government agencies in a campaign of harassment. Very truly yo s, f� - $Jn . Skerry. JTS/lm Enclosures cc: Michael Riley �DWIT n CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH, RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(978)741-1800 Fax:(978)740-9705 April 27, 1999 John &Josephine Riley 3 Warner Street Salem, MA. 01970 Dear Sir/Madam : Complaints have again been received by this department regarding a large numbers of hornets/bees at and around the right side of property located at 3 Warner Street in Salem, Massachusetts. An on site inspection on Monday, April 26, 1999 noted a hornets'/bees nest(s) located in the upper right hand side and upper rear of the dwelling. The above is in violation of Chapter II of the State Sanitary Code, 105 CMR 410.550 which requires that the occupant of the dwelling containing one dwelling unit shall maintain the unit free from all insect infestation and shall be responsible for exterminating them. Therefore you are hereby ordered within 7 Days to hire a licensed exterminator and to exterminate the premises for hornets/bees and also to eliminate the harborage places of insects, by removing or making inaccessible materials that may serve as their food or breeding ground, or by any other recognized legal pest elimination method. Please take immediate corrective action within 7 Days hours to remove said nests at the right side entrance and around your property that can also be contributing to the problem. Failure on your part to comply with this order 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 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. 0 CITY OF SALEM HEALTH DEPARTMENT a Nine North Street , leo Salem, Massachusetts 01970 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. If you have any questions, please call. Your anticipated cooperation is appreciated. For tthhee,Board of Health: Reply to: oan5 ne Scott Mark Tolman Health Agent Sanitarian cc: Councillor Reginna Flynn Building Inspector Delivered in Hand by Constable Mark Tolman on Wednesday, April 28, 1999. JS/sjk c-vnwar � oNU 5e�6 CITY OF SALEM, MASSACHUSETTS < ?� PUBLIC PROPERTY DEPARTMENT 9 O �qq 120 WASHINGTON STREET, 3RD FLOOR �6��MINE SALEM, MASSACHUSETTS 01970 STANLEY J. LISOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 October 9, 2003 Engus Sulejmanni 3 Warner Street Salem, Ma. 01970 RE: Deck Construction Mr.Sulejmanni: This Department issued a Building Permit#791-2003 to your property back in May of this year. The permit was to install a second floor door and a small deck on the second floor. Since that time you have constructed another deck on the first floor. This deck does not have a building permit. The deck also violates the City of Salem Zoning Ordinance "7-8" which requires the deck to be at least five feet from the property line. You are directed to secure a building permit and to reduce the size of the deck to conform with Section "7-8" within 30 days. If you wish to appeal this order, you must file an application with the Salem Zoning Board of Appeals. You are further directed to contact this office within 10 days upon receipt of this letter to advise us which course of action you are going to proceed on. Sincerely, Thomas St. Pierre Acting Building Commissioner cc-: Tom Phillbin