114 WASHINGTON STREET - BUILDING INSPECTION i/y ui�S����9� cs�'���� �
\' ;�`
��a
� �
a SENDER:
y Complete items 1 and/or 2 for additional services. I also wish to receive the
y Complete items 3,and 4a&b. following services (for an extra y
U
r • Print your name and address on the reverse of this form so that we can fee): >
� return this card to you.
m
• Attach this farm to the front of the mailpiece,or on the back if space 1. Ll Addressee's Address N
does not permit.
L • Write"Return Receipt Requested"on the mailpiece below the article number. 2 ❑ Restricted Delivery G
• The Return Receipt will show to whom the article was delivered and the date 0C'
c delivered. Consult postmaster for fee. a
3. Article Addressed to: 4a. Article Number
m Foodees Pizzeria P 091 156 308
Ea 114 Washington St. 4b. Service Type a
0 Salem, MA 01970 registered El Insured c
y Certified ❑ COD
NReturn Receipt for
W ❑ Express Mail P -
erchandise
7. Date of Delivery
Cc
V Signature IA dressee) 8. Addressee's Address(Only if requested y
and fee is paid) a
f t
cc 6. Signature (Agent)
0
0
PS Form 3811, December 1991 *U.S.GPo:1992-323402 DOMESTIC RETURN RECEIPT
UNITED STATES POSTAL SERVICE I,
EfJlc-(,i4 I n
Official Business
PENALTY FOR PRIVATE
USE TO'AVOID PAYMENT
i 33 OF POSTAGE, $300
Print your name, address and ZIP Code here
�Leo E. Tremblay, Inspector of Buildings
One Salem Green
Salem, MA 01970
CtU of t�ttt m, Massar4usttts
public Vrn}tertq department
Nuilding Department
(One Snlem Green
500-745-9595 Fxt. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
May 28, 1993
Foodees Pizzeria
114 Washington Street
Salem, MA 01970
RE: Illegal Sign
114 Washington Street
Dear Sir/Madam:
It has been brought to my attention that you are in violation of the
City of Salem Sign Ordinance relative to a sign at the above referenced
property. The illegal sign has not been approved by the Design Review
Board. The sign I am referring to is the illegal neon sign in the
storefront windows and the illegal hours of operation lettering on the
storefront windows.
You are hereby notified to contact the Planning Dept. within (7) days
of receipt of this notice to apply for the proper permits. Failure to
comply will result in the necessary legal action being taken.
If you have any questions do not hesitate to contact me. I thank you
in advance for your prompt and courteous cooperation in this matter.
Sincere
Leo E. Tremblay
Zoning Enforcement fficer
i Inspector of Buildings
LET:bms
cc: Planning Director
Councillor Furfaro, Ward 3
Certified Mail (;P 019 156 308
MO
11
Y
J ;
V
1
111NIN.O
CITY OF SALEM AL13ERT R, PITCOFF
MASSACHUSETTS CITY SOLICITOR
70 WASHINGTON STREET
SALEM, MASS. 01670
744-2172
April 15 , 1971
Neptune Wrecking Company
c/o Gifford R. Russell
35 Lincoln Av6nue
Marblehead, Massachusetts 01945
Re : Demolition of Fire-damaged Structure at .
112-114-116 Washington Street , Salem
Dear Sir :
I have previously, on March 9 , 1971 , written to you concerning
the filling and grading of the property at the above-noted address.
You will recall that Mr. O 'Brien, the City Building Inspector , had
also written to you on March 1 , 1971 setting forth Section 43 of
the -Salem Building Code relative to "Filling of Excavations" . The
Code requires that the premises be filled "to the level of the
adjacent finish grade" . Following my letter work was resumed on
this fill project but it has not been completed in accordance with
the law. No work has been done for several weeks. It is important
that this job be completed speedily and given your immediate
attentioa for otberwigo , I must bring the problem to the attention
of your banding company and proparo to have the work completed at
the bondsman' s expense. If you have any questions concerning your
obligations you should contact Mr. O 'Brien immediately.
Although the sidewalk on Washington Street has been damaged
beyond repair by the heavy equipment utilized by yoW in filling
the property the City will undertake to- install, a new sidewalk as
soon as you have completed the filling operation. At the present
time the irregular surface of the sidewalk creates a situation
threatening harm to pedestrians. Un)ss this project is completed
speedily we will undertake to interv!5e your company in the event
we receive any claims for personal- injuries at this location.
r;Y .
I will appreciate your earnest cooperation in this matter for
" unless this problem is resolved in the next few days I will take
action on the bond.
' /,V'er. y truly yyou[r.
/ ,
William H.K. Donaldson
Assistant City Solicitor
WHKD :nl
v4 , _q �ublit �rn�SEr#g �e�tttr#mrsn� ,
'�'rlfir,'�'y liVNI111 N.� K+L.MLIL 1
,7Flaniel
T. M'Prien, Jr., guilt. 3-9-71
�. aam 7, (UitQ �Hnll
t
Albert R. Pitcoff, Esq. ,
City Solicitor,
Salem, Massachusetts
Dear Mr. Pitcoff Re-Demolition of Fire Ravaged Structure at
112-114-116 Washington Street .
On January 22 , 1971 , a permit was issued to the Neptune Building
Wrecking Company of Marblehead to demolish the structure in Town House
Square which .had been seriously damaged by fire. At that time , bonds
were furnished to save the City blameless, as required by the City
Building Code.
A letter was sent registered maid to the Wrecking company on
March 1, 1971, ordering that the entire project be completed by
March 5. To date the area is in the same dangerous and deplorable
condition as it has been for weeks. '
We are enclosing copies of the bonds and our correspondence to . __ ,
4.
the--wrecking company for youradvicey.and counsel as to - the proper
action to be undertaken to finish this -work properly.
i
Very truly yours, '
DJOB:cc .. 1
Encl.
;:ee+
Pub it Proyer#V cR parimeu#
7 ' �C
%�•J..r '" �ucl�iug �ejtttz#nteu#
q•.nmsos`
VBrien, lfr,, 3. 1.71
x12oom 7, (Qitg Pull
Neptune Wrecking Company,
c/o Gifford R. Russell ,
55 Lincoln Avenue ,
Marblehead, Massachusetts
Dear Sir: Re-Demolition of Fire-damaged Structure at
112-114-116 Washington Street , Salem'.
On January 22, 197 . , upon' submission of an application for a per-
mit to demolish the fire-damaged structure at 112-114-116 Washington
_ _. Street, Salem, a permit was issued to ypu from this office to "Demolish
and'-fill cellar hole" .
Due to weather conditions at that time , no time limit was imposed
for completion of .such work. However, we now find that work at this .
site appears tobe literally abandoned, leaving a deplorable condition
in the center , of this City. Not only is there a debris-filled excava-
tion which has not been fenced in as required by the Building Code of
.is City, but you have used adjacent city-owned land in' the process
demolition and removal of materials. No attempt has been made to
restore this land to its normal condition.
SECTION 43 of the Salem Building Code for "Filling of Excavations"
states :
"After the building or structure has been demolished, foun-
dation walls and piers shall be removed . to a minimum of twelve inches
below the adjacent finished grade and after all resultant debris has
been removed from the cellar hole and premises , cellars and excavations
are to be IMMEDIATELY . filled with proper sanitary fill whichwill not
emit dust or offensive odors, to the level of the adjacent finish grade" .
Further, your attention is directed to the CONDITIONS- included in
the sureties furnished this office prior to the release of the demoli-- -.:
tion permit .
It is the determination of this office , inasmuch as more than a
reasonable length of time has elapsed to provide satisfactory completion
of all of these terms and conditions , that a c'ompletion• date, be set imme-
di.a+, and you are now hereby ORDERED to have the entire project
00"' satisfactorily no later than 1:00 P.M. , MARCH 5s', 1971 .
pw,
— — -- — -- ---- _ 2
A copy of Section 38•, of the City Building Code , withregard to
"Demolition of Buildings" is enclosed. You will note the first paragraph
refers to penalties for failure to complete a demolition in the allotted
time. The second paragraph refers to the requirement of leveling the lot
to a uniform grade .
Very truly yours,
DJOB: cc '
Encl. 1 Inspector of Buildings
Copy to= City Solicitor,
Penn Realty Co. , Inc . ,
clo Mr. John Lappin
r
KI
Secs.
2/1/66
6/9/66
PART 4
DEMOLITION OF BUILDINGS
SECTION 38 - PERMIT
No building may be demolished except after application for, and the issuance
of a permit. A demolition permit shall be subject to a completion date, to be
determined by the Inspector of Buildings. Failure to complete the demolition in
the allotted time will be subject to a penalty of not less than $10.00 or more
than $50.00 for each day unless extension of time is-allowed.
The Inspector of Buildings charged with the duty-of issuing ,permits for the
demolition or removal of a building or structure, situated at a site for which no
building permit for reuse of the land has been issued, shall requires the lot to be
leveled to a uniform grade by a proper sanitary fill to cover any cellar or founds-
tion holes and any rubble not removed. Before the issue of any such permit, the
applicant therefore shall file a bond running to the City of Salem, with sureties
satisfactory to the City Solicitor in such penal sum as the Inspector of Buildings
shall determine to ,be twice the cost of leveling the lot as herein required and
conditioned upon such leveling within such time as such Inspector of Buildings.
shall determine, provided, however, that no such bond shall be required where' such
filling and leveling .is to be done by the City, Inspector of Buildings or by any
person acting for or under a contract with said City or Inspector of Buildings.
SECTION
SECTION 99 - STORIES SHALL BE SUCCESSIVELY REMOVED
No excessive amount of materials shall be placed on the floor of any building
or structure in the course of demolition, and the brick, timbers, and other struc-
tural parts of each story shall be carefully lowered to the ground upon displacement.
The above in no way limits the methods of demolition. Any method, other than
noted above, must first be submitted to the Building Department for review and ap-
proval before a permit will be issued. .
_ rLDW EMPLOYERS' GROUP of InsuranceCompanies
EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY 'OF AMERICA
(Nam* of Insuranc* Company)
BOSTON, MASSACHUSETTS
STREET PERMIT
KNOW ALL MEN BY THESE PRESENTS, That we, Gifford Russell d/b/a
NEPTUNE WRECKING CO . , Massachusetts, as Principal,
. and EMPLOYERS COMMERCIAL UNION INSURANCE CO, OF AMERICA A CORPORATION
ORGANIZED UNDER THE LAWS OF MAS.AC,,USL-tTS AND HAVING ITS PRINCIPAL
OFFICE IN BOSTON, MASSACHUSETTS.
as Surety, are holden and stand firmly bound and obliged unto the
Cit of Salem , Massachusetts, in the full and dust sum
of Five thousand and no/100 05,000. ) , Dollars, to be paid unto
the said City of Salem its successors or assigns, to
which payment, well and truly to be made we bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and' severally,
firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, THAT, Whereas, an application
for a license for use of streets has been made to the Superintendent of
Streets of said City by the said NEPTUNE WRECKING CO.
NOW, THEREFORE, if the said NEPTUNE WRECKING CO.
shall indemnify and save harmless the City of Salem____- ==
---from all costs, actions, suits and'claims whatsoever arising from any
and all work, occupation, or obstruction authorized,by 'said-license, and
shall restore said street or other, 'public place, so,.occupied,, or obstruct-
ed to its original condition within the time 'specified in said license
and to the satisfaction of the SupgAntende` �'. or)Streets, then this
obligation shall be null and Void, otherWi it 'shall be and remain in
full force and effect.
IN WITNESS WHEREOF, we hereunto set our hands and seals this 22nd day-
of January P. 19 71 •
NEPTUNE WRECKING CO .
BY:.
EMQLOYZRS„,COMMERCIAL. UNION
A,IN$URANC.E IGOMP.ANY OF. .AMERICA
Ode
Yjl
�3C tismJl ee, ..
.. �' o ney-in-fac
LU.
Telophone(617) 744.3849 -
SMAS TIACIATY, SONS, Ine.
Gravel: Loam: Filling: Blacktop
Tracking and Excavating —Demolition Work
Equipment Rentals
58 Broadway Salem,Mass. 01970 February 22, 1971
Salem EnginceriT j Dept.
City. hall
Salem, i` assachusetts
January 20 Crane demolishing ,Fall at 114 Washington St.
Salem, as directed, . w 150:00
j
i
Ch. 143 BUILDING INSPECTION, ETC. 143 § `G'
Notes of Decisions
I. In general
3Iunicipal building saPorintendent's did not defeat owner's right to repair it, ,
baecr extending time for demolishing as previously authorized. Rurofslcy v.
hmilding, under G.L.1.921, C. 143, §§ 4-8, Turner (1931) 175 N.E. 90,274 Mass. 574.
8. Failure to remove or make structure safe; survey board;
survey; report. If an owner, lessee or mortgagee in possession of
such unsafe structure refuses or neglects to comply with the require-
ments of such notice within the time limited, and such structure is
not made safe or taken down as therein ordered, or made secure, a
careful survey of the premises shall be made by a board consisting
in a city of the city engineer, the head of the fire department, as such
term is defined in section one of chapter one hundred and forty-eight,
and one disinterested person to be appointed by the inspector of build-
ings, and in a town of a surveyor, the head of the fire department and
one disinterested person to be appointed by the inspector of build-
ings. If there is no city engineer in such city or no head of the fire t
department in such city or town, the mayor or selectmen shall desig- !
nate one or more officers or other suitable persons in place of the
officers so named as-members of said board. A written report of
such survey.shall be made, and a copy thereof served on such own-
er, lessee or mortgagee in possession. As amended St.1945, c. 697,
1; St.1949, c. 541, § 2; St.1957, c. 214, § 3.
Historical Note
St. 1875 e 47§3. St. 1894 c.431§§16,50. R.L. 1.902 c.10-1§G.
P.S. 1.582 c.104§6. St. 1899 c.139§3. St. 191.3 c.655§6. -
St. 1858 c.309§4. -
i
The 1945 amendment, an emergency fences the references to the "lessee or
act effective on approval July 24, 1945, mortgagee in possession" for therefer-
substituted throughout the section ences to an "agent or person interested
"head" for "chief engineer" of the fire in" and to an "agent or interested per-
department and inserted after the word son."
"department" the first time it appears The words "or made secure" were in-
in the first sentence the words "as such ,.,,;i in the first sentence by the 1957
term is defined in section one of chair amendment.
ter one hundred and forty-eight."
The 1949 amendment substituted in
the first and at the end of the third sell-
Cross References
i
Nuisance,burnt or dangerous building as, see c. 139, §1.
State inspectors, removal or repair of dangerous buildings by, see section 14 of this
chapter.
I
21 AT.G.L.A.-3 33
4 �
r
y ,cow`y,.• CHSl o �I��LAL�� �G��7J(41�M7J.G447J
"J�xzblic �ru�extg �e�ttx#men#
PUain$ ptyar#men# 5. 5.69
�uniel �. �'�rien, fir., �upL
Pam 7, citg Pull
The undersigned hereby gives permission to the City of Salem to
have removed chimney and metal ventillating duct on my building
numbered 114 Washington Street, Salem, Massachusetts, and agree not
to hold same liable for such removal.
P�� f�FcPR 6 �
w4
' 1
143 §4 PIUBLIC SAFETY AND GOOD ORDER Ch. 143
Historical Note
St. 1870 c.375§§1,3. St. 1894 c.481 §12. St. 1913 c. 055 12.
P,S. 1882 c.104§2. R.L. 1902 c. 104§2.,
i
Notes of Decisions
I. In general did not defeat owner's right to repair
Municipal building superintendent's it, as previously authorized. Burofsky
letter extending time for demolishing v. Turner (1931) 175 N.E. 90, 274 Mass.
building, under G.L.1921, c. 143, §§ 4-8, 574.
§ 5. Structure erected in violation of statute a common nuisance.
A'building or structure erected in violation of the preceding section
shall be deemed a common nuisance without other proof thereof
than proof of its unlawful construction and use; and the selectmen
may abate. and remove it in the same manner in which boaoLl,
health may remove nuisances under sections one hundred and two,.-
ty-three to one hundred and twenty-five, inclusive, of chapter one
hundred and eleven.
Historical Note
i
St. 1870 c. 375 §2. St. 1894 c. 481 § 13. St. 1913 c.055§3.
P.S. 1882 c.104§3. R.,L. 1902 C.104§3.
Notes of Decisions
1. In general '
Municipal building superintendent's did not defeat owner's right to repair It,
letter extending time for demolishing as previously authorized. Burofsky v.
building, under G1.1921, e. 143, §§ 4-8, Turner(1931) 175.N.E.00,274 Mass.574.
§ 6. Inspector of buildings; duties. In a city or town wherein
there is in force.a building code, so called, established under author-
ity of section three or corresponding provisions of earlier law or es-
tablished by or under authority of any other provision of law the su-
perintendent of,public buildings or such other person as the mayor
of such city or the selectmen of such town may designate shall be in-
spector of buildings, and, immediately upon being informed by re
port or otherwise that a building or other structure or anything at-
tached to or 'connected therewith in that city or town is dangerous
to life or limb or that any building in that city or town is unused, un-
inhabited or abandoned, and open to the weather, shall inspect the
same; and he shall forthwith in writing notify the owner, lessee or
mortgagee in possession to remove it or make it safe if it appears to
him to be dangerous, or to make it secure if it is unused, uninhabited
'br abandoned, 'and open to the weather. If it appears that such
30
• I
I
Ch. 143 BUILDING INSPECTION, ETC. 143 § G
structure would be specially unsafe in case of fire, it shall be deemed
dangerous within the meaning hereof, and the inspector of buildings
may affix in a conspicuous place upon its exterior,walls a notice of
its dangerous condition, which•shall not be removed or defaced with-
out authority from him. As amended St.1946, c. 363, § 4; St.1949,
c.541, § 1; St.1957,c.214, § 1.
Historical Note '
St. ]A78 c.47§1. St. 1899 c.139§1. St. 10]3 c.055§4.
P.9. 1882 c 104 §4. R.L. 3.902 c.104§4. St. 1918 c. 201 §,23.
81. 1894 C. 481§14. St. 1908 c.221 §1.
The beginning of the first sentence, up the "lessee or mortgagee in possession".
to the words "superintendent of public in place of notice to an."agent or any
buildings", was inserted by the 1946 person having an interest therein."
amendment in place of the words "Ina The references to an "unused, unln-
city or town which accepts this and the habited or abandoned" building were
six following sections or has accented
corresponding provisions of earlier inserted in the first sentence In each
laws." instance by the 1057 amendment,
The 1949 amendment required notice
of a dangerous condition to be given to
Cross References
Hindering inspectors In the performance of their duties, see section 50 of this .• n
chapter. 'rW
Nonresidents, service of notice upon,see section 11 of this chapter.
State inspectors, removal or repair of dangerous buildings by, see section 14 of this ,
chapter. I.
I . I
Notes of Decisions
In.general 1 2. Appointment to office
Appointment to office 2 R.L.1902, c. 1.04, § 4,
providing that •
Compensation 3 the superintendent of public buildings or
Subdivisions of property 4 such other o0icer as the mayor and the
aldermen of the city may designate,
shall be Inspector of buildings, does not
increase the number of persons holding
I. u general office, but simply adds another office to
Municipal building superintendent's that of the superintendent of public '
letter extending time for demolishing buildings, unless the mayor and alder-
building did not defeat owner's right to men designate some other officer of the
repair it, as previously authorized. city to be Ting.incumbent of•the new of-
Burofsky v. Turner (1931).175.N.E. 90, flee; and an ordinance providing for
274 Mass. 574.- the appointment by the mayor, triennial-
Ia the case of Rich v. Kimball (1925) ly, of an inspector of buildings, subject
147 N.E. 586, 252 Mass. 213, the court to the confirmation by the city council, is
said: "The office of inspector of build• in violation of said statute, which calls '
Inge is neither a constitutional nor an for a designation in another way. Scan.
elective office, and no question of the lon v.Carey(1911)93 N.E.697,207 Mass.
preference of veterans under our civil 285. i
service law can arise on this aspect of
the case."
31
i
i
143 § 6 PUBLIC. SAFETY AND GOOD ORDER Ch. 143
3. Compensation against the town to recover such com-
Uncler R.L.1902, c. 104, § 4, providing pensation. Amerige v. Town of Saugus
that, in a city or town which accepts it, (1911) 94 N.E. 2970 208 Mass. 51.
the superintendent of public buildings,
or such officer as the mayor and alder- 4. Subdivisions of property
men or selectmen may designate, shall Superintendent of buildings or Inspec-
be inspector of public buildings,but such for of buildings had no authority to
selectmen are not empowered by said grant permission for subdivision of
section to fix compensation, a building property to permit separate sales of
inspector, if lie is to receive compensa- portions thereof, and no authority to
tion, must do so under R.L.1902, c. 25, control sales of land or boundaries of
§ 95, providing that town officers shall the land to be sold, and therefore pro-
receive such compensation, unless other- spective vendor had no right to appeal
wise provided by law, as the town may from refusal of superintendent or iuspec-
determiue; and hence the selectmen had for to act in such matters. Howland v.
no authority to contract to pay a build- Acting Superintendent of Bldgs. slid In-
Ing inspector a stated consideration, and, spector of Bldgs, of Cambridge (1952)
the town not having ratified or approved 102 N.E.2d 423, 328 Mass. 155.
' such contract, an action will not lie
§ 7. Removal or making structure safe; putting up fence. Any
person so 'notified shall be allowed until twelve o'clock noon of the
day following the service of the notice in which to begin to remove
such structure or make it safe, or to make it secure, and he shall
employ sufficient labor speedily to make it safe or remove it or to
make it secure; but if the public safety so requires and if.the alder-
men or selectmen so order, the inspector of buildings may immediate-
ly enter upon the premises with the necessary workmen and assist-
ants and cause such unsafe structure to be made safe or,taken down
without delay, and a proper fence put up for the protection of passers-
by, or to be made secure. If such a building or structure is taken
down or removed, the lot shall be levelled to uniform grade by a prop-
er sanitary fill to cover any cellar or foundation hole and any rub-
ble not removed. As amended St.1949, c.'156, § 2; St.1957, c. 214,
§ 2.
Historical Note
St. 1878 c.47 §2. St. 1894 c.481§§15,49. R.L. 1902 c. 104§5.
P.S. 1882 c.104§5. St. 1599 c.139§2. St. 1913 c.055§5.
St. 1888'e. 399§3.
The secopd, sentence, relating to the The words "or to make It secure" in
leveling of tAe lot of a demolished build- each instance in the first sentence and
ing or structure, was added by St.1949, "or to lie made secure" at the cull there.
c.150,§2. of were inserted by the 1957 amendment.
Cross References
Nuisaucef burnt or dangerous building as, see c. 139, § 1.
State inspectors, removal or repair of dangerous buildings by, see section 14 of this
chapter.,
32
_ �7
I
Ch. 143 BUILDING INSPECTION, ETC. 143 § 8
Notes of Decisions
I. in general
}Imiicipal building superintendent's did not defeat owner's right to repair it,
t..n..r ?xlcoding tin❑: for demolishing as previously authorized. Burofsky v.
1,ulding, under G.L.1921,'c. 143, §§ 4-8, Turner (1931) 175 N.E. 90,274 Mass. 574.
§ $: Failure to remove or make structure safe; survey board;
,nrvcy; report. If an owner, lessee or mortgagee in possession of
such unsafe structure refuses or neglects to comply with the require-
ments of such notice within the time limited, and such structure is
not made safe or taken down as therein ordered, or, made secure, a
careful survey of the premises shall be made by a board,consisting
in a city of,the city engineer,the head Of the fire department, as such
term is defined in section one of chapter one hundred and forty-eight,
and one disinterested person to be appointed by the inspector of build-
ings, and in a town of a surveyor, the head of the fire department and
one disinterested person to be appointed by the inspector of build-
ings. If there is no city engineer in such city or no head of the fire
department in such city or town, the mayor or selectmen shall, desig-
nate one or more officers or other suitable persons in place of the
officers so named as members of said board. A written report of
such survey shall be made, and a copy thereof served on such own-
er, lessee or mortgagee in possession. As amended St.1945, c. 697, rte,
§1; St.1949, c. 541, § 2; St.1957, c. 214, § 3. �.
Historical Note '
st. 1878 c.47§3. St. 1894 c.481§§10,50. B.L. 1902 c. 104§G.
1'.S. 1882 e.104§G. St. 1809 c.139§3. . St. 1913 c.655 116.
St. 1888 e.390§4.
The 1945 amendment, an emergency tenees the references to the "lessee or
net effective on approval July 24, 1945, mortgagee in possession" for the refer- `
substituted throughout the section ences to an "agent or person interested I
"head" for "chief engineer" of the fire in" and to an "agent or interested per- '
department and inserted after the word son."
"department" the first time it appears The words "or made secure" were in-
In the first sentence the words "as such serted in the first sentence by the 1957
term is defined in section one of chap- amendment.
ter one hundred and forty-eight."
The 1949 amendment substituted in
the first and at the end of the third sen-
Cross References
Nuisance,burnt or dangerous building as, see c. 139,§ 1.
State inspectors, removal or repair of dangerous buildings by, see section 14 of this
chapter.
21 nf.a.L.A.—s 83
I
L I ,
143 § 9 PUBLIC SAFETY AND GOOD ORDER Ch. 143
§ 9. , Dangerous structures removed or made safe by inspector;
lien for costs; pepalty; use of structure. If such report declares such .
structure to be dangerous or to be unused, uninhabited or abandoned,
and open to the weather, and if the owner, lessee or mortgagee in
possession continues such refusal or neglect, the inspector of build-
ings shall cause it to be made safe or taken down or to be made se-
cure, and, if the public safety so requires, said inspector may at once
enter the structure, the land on which it stands or the abutting land
or buildings, with such assistance as he may require, and secure or
remove the same, and may remove and evict, under the pertinent pro-
visions of chapter two hundred and thirty-nine or otherwise, any
tenant or occupant thereof, and may erect such protection for the
public by proper fence or otherwise as may be necessary, and for this
purpose may close a public highway. In the case of such demolition,
the inspector of buildings shall cause such lot to be levelled to uni-
form grade by a proper sanitary fill. The costs and charges incurred
shall 'constitute a lien upon the land upon which the building is
located, and shall be enforced within the'time and in the manner pro-
vided for the collection of taxes on land; and such owner, lessee or
mortgagee in possession shall, for every day's continuance of such
refusal or neglect after being so notified, forfeit to the city or town in
which the structure is located not less than ten nor more than fifty
dollars. During the time such order is in effect it shall be unlawful
to use or occupy such structure or any portion thereof for any pur-
pose. As amended St.1945, c. 697, § 2; St.1949, c. 156, § 5; St.1949,
c.541, § 3; St.1957,c.214, § 4:
Historical Note
St. 1878 c.47§§4,5. St. 1804 c.481 §17. 1 R.L. 1002 c.10-117.
P.S. 1852 c- 104 § 7. -St. 1809 c.130§4. St.1913 c.055 §7.
Prior to the 1945 amendment, this sec- The second sentence, relating to the
tion provided: "If such report declares levelling of the lot of a demolislied
such structure to be dangerous, and if structure, was added by St.1949, c. 156,
theowner, agent or person interested § 5.
continues such refusal or neglect, the St.1949, c. 541, § 3 substituted in the
Inspector of buildings shall cause it to first and third segtences the references
be made safe or taken down, and the to the "lessee or mortgagee in posses
costs and charges incurred shall consti- sion" for references to an "agent or per-
tute a lien upon the land upon which son Interested" and to an "interested
the building is located, and shall be person."
enforced within the time and In the man-
ner provided for the collection of taxes The words "or to be unused, uninhab•
on land; and such owner or Interested tied or abandoned, unit open to the
person shall, for every day's continuance weather" and "or to be made secure"
of such refusal or neglect after being so were inserted In the first sentence by
notified, forfeit to the city or town in the 1957 amendment.
which the structure Is located not less
than ten nor more than fifty dollars."
34
Ch. 1.13 BUILDING(INSPECTION, ETC, 143' § 10
Cross References
L ..,rr•ment of liens on registered lands,see C.18
.•,,of tax upon real estate,see c.00, 1137. 5, g 84.
burnt or dangerous building as,see'e.139,111.
r;a;e inspectors, removal or repair of dangerous buildings by, see sectloq 14 of
this cbapter.
Notes of Decisions
Library references
N inicipal Corporations (2=623. City of Boston (1938) 15 N.B.2d 255, 300
Municipal Corporations § 281. Mass. 321.
A landlord's failure to comply with
1. In general R.L1902, c. 104, §§ 4-10, relating to in-
Wl,vrc owners of dilapidated and un- spectioh of buildings and removal of
,rh• building had been notified by build- dangerous structures, and section 43 re-
te. r,nunlssioner of Boston to repair it, quiring hoistways, elevator wells, etc.,
and on failure of owners so to do, city to be protected, while bearing upon the
I,r...,ht bill in equity against owners, question of his own negligence, does not
rity did not thereby irrevocably elect to affect the question of due care upon the
rely on equity so as to be prevented from part of a tenant's employ6. Amlot v.
..al,snquently ordering building to be de- Poster (1913) 100 N.E. 1007, 213 Mass.
mnlished. New England Trust Co. v. 573.
§ 9A. Taking or injuring other property in removing dangerous
structures or malting them safe. If, by any act done by an officer of a
city or town for the purpose of making safe or taking down any dan-
gerous structure, any real estate other than such structure or the par-
cel of land upon which it stands is taken, used or injured, any person v.
owning an interest in such real estate and not having aft interest in
such dangerous structure may recover damages for such taking, use
or injury .from such city or town in a petition for the assessment
thereof under chapter seventy-nine filed in the superior court for
the county in which such real estate is situated within one year aft-
er such taking, use or injury; provided, that if such taking, use or
injury occurred not more than three years prior to the gffective date
of this section, said petition may be filed not more than one year aft-
er said effective date. Added St.1945,c.697, § 2A.
• Historical Note
St.1945, c. 097, §213, provided that this for the purpose of making safe or taking
section should also apply in case the acts down any dangerous structure under any
of an officer of a city or town were done special law or any ordinance or by-law, '
§ 10. Remedy of person ordered to remove a dangerous structure
or matte it safe. An owner, lessee or mortgagee in possession ag-
grieved by such order may have the remedy Prescribed by section
two of chapter one hundred and thirty-nine; provided, that no pro+
vision of said section two shall be construed.so as to hinder, delay,
35
143 § 10 PUBLIC SAFETY AND GOOD ORDER Ch. 143
or prevent the inspector acting and proceeding under section nine;
and provided, further, that this section shall not prevent the city or
town from recovering the forfeiture provided in said section nine
from the date of the service of the original notice, unless the order
is annulled by the jury: As •amended St.1945, c. 697, § 3; St.1949,
c. 541, § 4.
Historical Nota -
St.1873 c. 261. St. 1804 c.481 §§18-20. St. 1800 C.139§5.
St. 1878 c. 47§§0-8. R.L. 1902 C.104§8. St.1913 c.655§S.
P.S. 1882 c. 104§§8-10.
This section was given virtually Its The 1949 amendment substituted the
present wording by the 1945 amendment, words "lessee or mortgagee in posses.
an emergency act effective on approval sion" for the words "or interested per-
July 24, 1945. sone
Notes of Decisions
I. In general
Where building commissioner of BOB- inspector of buildings in that city that
ton, upon authority of the mayor, or- the building Is deemed by him to be un-
dered a dilapidated and unsafe building safe, takes the building down unneces.
to be demolished, owners of building sarily, when he might cause it "to be
could appeal to the board of appeal with- made safe and secure," as authorized by
In 10 days after being notified of the St.1885, c. 374, § 111, without taking It
commissioner's order and could have the down mad without disturbing the posses-
court review the decision of the board. star, of the lessee of the room, the latter
New England Trust Co. V. City of Boston may maintain an action against him for
(1938) 15 N.E2d 255, 300 Mass. 321. breach of the covenant for quiet enley-
If the lessor of a room in a building meat in the lease. Kansas Inv. Co, V.
In a city, upon receiving notice frau the Carter (159-1) 36, N.E. 63, 1G0 Mass. 431.
§ 11. Service of notice on non-resident; certificate. If an owner,
lessee or mortgagee in possession lives out of the commonwealth, the
notice required by section six may be served upon him by a notary
public, whose certificate of service under his notarial seal shall be
sufficient evidence thereof. As amended St.1949, c. 541, § 5.
Historical Note
St. 1878 c.47§30. St. 1894 c. 481 §21, St.-1913 c.655§9.
P.S. 1882 c. 104§11. R.L. 1902 e.104§9.
The 1949 amendment substituted the sion" for the words "or interested per.
words "lessee or mortgagee in posses- son."
§ 12. Restraint,of construction, repair, or use of a structure; or-
der for removal. The supreme judicial or superior court may restrain
the construction, alteration, repair, maintenance or use of a building
or structure in violation of any ordinance or by-law of a city or tonin
and order its removal or abatement as a nuisance; and may restrain
36
Ch, 143 BUILDING INSPECTION, ETC.' 143 § 114
tile further construction, alteration or repair, maintenance, use or
occupancy of a building or structure reported to'be dangerous, un-
(let- a survey authorized by section eight, 'until.the determination of
the matter, as provided in section ten. As amended St.1945, c. 691,
4,
Historical Note
St. 1•S70 C.305. P.S. 1832 c. 104§12. R.L. 1904 c. 104§10.
S;. 1872 c.2.43§3. St. 1801. c.293. ' St. 1913 c. G55 § 10.
S1. 1878 C. 47 §9. St. 1894 c.431§§4,22.
'1'Iic words "maintenance, use or oc- amendment, an emergency act effective,
cupsncy" were inserted by the 1945 on approval July 24, 1945.
Notes of Decisions
1, In general .
Whore owners of property sought to of appeal'; authority to hear appeals by
restrain another owner of property in any person aggrieved, then property
area allegedly restrictively, zoned from owners must have pursued such remedy -
constructing garage therein and to eom- against building inslieetor. Royle v!
pcl cancellation by building inspector of Building Inspector Of Malden (1951) 99
permit issued, if ordinance gave board N.E.2d 925, 327 plass. 564.
§ 13. Inspection by inspector of department of public safety. f3"
Any inspector of the division of inspection, if called upon by the alder-
men of any city or by the selectmen of any town, shall inspect any
_'ling orother structure in such city or town, or anything attached
ue connected therewith, which has been represented to be danger-
ous to life or limb. As amended St.1946, c.363, § 5.,
Historical Note !
St. 1888 c.399§1. R.L. 1902 c.104§12. St. 1913 c.655§12. j
St. 1894 c. 481§47.
The phrase "of the division of inspec- cepted sections six to eleven, inclusive" 4
flet" was inserted by the 194E amend- and changed the,position of the phrase
meat. The same act, also struck out, "in such city or town" which formerly
following the words "selectmen of any followed the word "therewith."
town", the clause "which has not ac- k
Cross References
hindering inspectors in the performance of their duties, penalty for, see section 150
of this chapter.
§ 14. Dangerous structures removed or rendered safe. If it ap-
pears to such inspector that the building or other structure, or any-
thing attached to oriconnected therewith, is dangerous to life or limb
in case of fire or otherwise, he shall cause it to be removed or ren- .
37
T�^ .ume'.rGiwv...4hedv" 1 �Iw _
143 § 14 PUBLIC SAFETY AND GOOD ORDER Ch. 143
dered safe in the manner provided by sections six to eleven, inclu-
sive, and may cause proceedings to be instituted under section twelve.
.Historical Note
St. 1888 c.399§2. R.L., 1902 c.104§13. St. 1913 c.055§13.
St. 1894 c. 481 §48.
§ 15. Erection or alteration of public buildings, establishments,
buildings with several stories. No building which is designed to be
used, or in which alteration shall be made for the purpose of using
it, or continuing its use, in whole or in part, as a public building, or
-- __ - --
--as a factory, workshop or mercantile or other establishment, and to
have accommodations for ten or more employees, or as a hospital,
sanatorium,,convalescent or nursing home, infirmary maintained in
a city or town, private infirmary or boarding home for the aged hous-
ing three or more patients, licensed by and under the, supervision
of the department of public health, grandstand, stadium, bleacher or
arena, and no building more than two stories in height designed to
be used above the second story, or in which alteration shall be made
for the purpose of using it, or continuing its use, in whole or in part,
as an office building,.dormitory, hotel, family hotel, apartment house,
boarding house, lodging house or tenement house, and to have eight
or more rooms above said story, shall be erected, and no alteration
shall be made therein, until a copy of the plans and specifications
thereof has been deposited with a supervisor of plans by the person
causing its erection or alteration or by the architect thereof. Such
plans and specifications shall include those for heating, ventilation
and sanitation, if a supervisor of plans so requires. Such building
shall not be so erected or altered without sufficient egresses and oth-
er means of escape from fire, properly located and constructed. A
supervisor of plans may require that stairways shall be enclosed,
that they shall have suitable landings, that they shall be provided
with hand rails, that egress doors and windows shall open outward
and have approved hardware, that places of egress shall be proper-
ly lighted and,designated, and that proper fire stops shall be provided
in the floors,walls, partitions and stairways of such building. He may
make such further requirements as may be necessary to prevent the
spread of fire or its communication from any steam boiler or heating
apparatus therein. The certificate of approval by a supervisor of
plans of such plans and specifications, endorsed with the approval
of the chief of inspections of the department, or a specification of
requirements necessary for compliance with sections fifteen to sixty,
inclusive, set forth in detail and so endorsed, shall be issued to the
person causing its erection or alteration, or to the architect thereof,
38'
FE8 23 8 47 4H t84
NORTHEASTERN RE OFFICE CITY O
TEWKBBUBURY HOSPITAL
F SALEM,
L 1MASS,
TEWKSBURY 01876
TEL: 617-051-7261
February 22, 1984
Mr. Richard McIntosh
Inspector of Buildings
City of Salem
1 Salem Green
Salem, Ma. 01970
Re: Salem - Division of Employment
Security
("L18'aW shington St. )
Unemployment Office
(247 Essex St. )
Dear Mr. McIntosh:
An inspection was made of the above-cited offices in response to com-
plaints alleging an air quality problem. Employees have complained of
continual headaches, fatigue and of extremely warm temperatures in the
office. The inspection was conducted on February 16, 1984 at 1:45 P.M.
by me, accompanied by Joseph Lubas, Salem Board of Health and by Mr.
McGorrill, manager of the office.
Air quality tests were performed using a Draeger Hand Pump and calibra-
ted tubes for determining carbon dioxide levels. Carbon dioxide levels
above 600 parts per million (ppm) cast doubt on the adequacy of the ven-
tilation system. It should be noted that increased levels of carbon
dioxide are not harmful, but can create general discomfort.
The following carbon dioxide (CO2) levels were obtained:
CO2 (ppm)
Room #8 1000
Lunch Room 1500
Job Matching Office 1000-1500
(118 Washington St. side)
Unemployment Customer 700
Office (247 Essex St. side)
Outdoor Air 200
These levels indicate that there is a ventilation problem. The source
of the problem is most likely the total recirculation of the used air
and the failure to provide an adequate amount of fresh air.
Mr. Richard McIntosh Page 2
February 22, 1984
The office temperature ranged from 76-820F. The heating system is gas
forced hot air. The relative humidity in the office was tested using
a Sling Psychrometer and was recorded at 36%. Carbon monoxide levels
were also tested using the Draeger Pump and were found to be negligible.
Whereas the correction of the ventilation problem lies in the enforce-
ment of the State Building Code, please investigate the heating, ven-
tilation and air conditioning system at this location and take the ap-
propriate actions to correct the problem.
If you have any questions or desire additional testing, please contact
this office. Thank you in advance for your cooperation.
Sincerely yours,
Naida M. Gavrelis
District Sanitarian
NMG/ej
cc: Mr. McGorrill
Howard Wensley, MDPH
Salem Board of Health
Mansfield Realty Assoc.
� � �
t
a
b,
1.22.']1
Neptune came in and gave me the name of his bonding
company: Bufalino Insurance of Swampscott ; I called
there and talked with a Dave Crowley who said the$2000.
bond and the street permit bond $5,000. were in the
process of being prepared; he is to go into Boston and
pick them up but he had telephoned in all the necessa
ary information and would deliver them here this after-
noon. On the strength of this I gave Neptune the permi
Famico called from the Scales and wants you to send
Bert and Freddy down to help the janitor move the
polling booths to make room for some new scale parts.
Neptune said he has a lot of preliminary work before
starting the demolition;. he has to remove cabinets,
etc . , of the tenants; he has seven men and two trucks
Oyer there. John Smedilie came do&n_fr_om the Mayor' s
No 1 �-------•-----
Application for Permit for Alterations, Repairs, & Demolitions
Location, Ownership, and DETAIL Must Be Correct
Permits Must Be Obtained Before Beginning Work
Salem, Mass., Z------------------- 19--%...
To the INSPECTOR OF BUILDINGS: (/
The undersigned applies for a permit oto -__pin.y-a-4-4Y---
4- _-��_(.1 - the
, following described building_ ____________
Location .`� (� 1 ��)� ------1�+� - --- -` y�'' �h 1 8 ' ter /n i�'_ Ward --------------------
Name of ownerJAir: _Cp.-.____Q .,"`
-
Name of occupant __�.�..� ---_--_----------
/ -----
7
Name of mechanic or Contractor tijy�w.---(!fAr ----a'------ Name of architect __, a,./�/ 0--------------------
Number of Stories --A f---___-_-__.; Material of Roof___ -------- Material of Building
Sizeof Building --- .......S 5 �� ----------------------------------------------------------•-------------•------ - ---------------------------------
Ist Floor -------------------------------------------- 1st Floor ------------•-
2nd Floor ------------- ---------------------------- 2nd Floor --------------
Existing use of Building 3rd Floor______________________________________________ If vacant show Previous Use 3rd Floor. -___-.---.--_-_-
4th Floor--------------------------------------------- 4th'Floor ----------------
5th Floor ------------- -------------------------------- 5th Floor----------------
1st Floor - - -
d 2nd Floor ---------------------
Proposed use after Alterations 3rd Floor----------------------------------------------------------------------------- - -- --- --- - ----- ---------
4th Floor----------------------------
'-----------------------------------------------------------------------------------
i5th Floor ----- --------- -------------------------------- -------------------
Are 10 or more people employed? ------------------------------------------------------- ----------------- On What Floors? ----------------------
I
Will 50 or more people assemble? -----------------------------------.-----------------------------._--.---- On What Floors? -------------._-.-_-..--
DETAdL OF. PROPOSED L+1L'TERAY I®NS, ETC.
C.
i
------------------=----------------------------------------------------------------------------------------------------------- -----------------------
-------------------------
-------------------------------------------------------------------------------------------------------------------------------- -------=--
- ---------------------•------------------------ --------------------------------------------•-------------=--------•--------------------------------- --------------
------------- ---------------------------------------------------------------------------------------------------------------------------------------------- -------------------
----------------I--------------------------
----------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------
Estimated
-------•----------------- -------------------------------------------------------------------------------------------------
Estimated Cost or Valuation of New Work ------------------------------- ----------------------------•------------=--•-------------------------------
Note: Separate Permits required to occupy sidewalk or for Plumbing and Electrical Work.
IMPORTANT: Show Lot Plan on back of this application, drawn to scale, showing location of Present
Structure.
Signature of Owner or
1 ---- ---
PLAN OF LOT
Application for Permit for Additions, Showing Location of Present
Alterations, Repairs,
Structure,and Addition
and Demolitions
________.____.-----CLASS BUILDING
LOCATION
: % r�
� No.l���c.�L7-=-1�r-----"/���✓ter
s
------------ Ward--------------------
------- -----
�- =
Owner.
J ------------ st -
3
3 CONDITIONS
r
�i- -- ---------------------------------------------------------------
1---------------------------------------------------------------------
---------------------------
PERMIT GRANTED /
..VLI �Y\-L---- ---- -