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Leo E. Tremblay
Director of Public Property
Inspector of Building November 14, 1994
Zoning Enforcement Officer
Thomas Powers
c/o Robert Maquire Trust
P.O. Box 221
West Peabody, Mass. 01960
RE: 5-7 West Avenue
Dear Mr. Powers:
Due to a complaint received through the Neighborhood Improvement
Committee hot line, I conducted an inspection of the above mentioned
property and the following violations were found:
1. Soffitts at left hand side of building must be repaired to stop
small animals from entering.
2. Fence must be removed or repaired.
3. Debris under rear porch of #5 must be cleaned.
4. Rear stair risers must be closed.
5. Rear porch must be cleared of all debris.
6. Missing window on second floor level porch.
7. Replace front door unit # 7.
8. Light fixture in front hall must have protection device.
9. No more than three unrelated people in one apartment.
10. This property is a legal 2 apartment unit at # 5 and a legal 2
apartment unit at # 7. We have been informed of too many people
occupying this apartment.
Please notify this department upon receipt of this letter as to your
course of action to rectify these violations. Failure to do so will result
in legal action being taken against you.
Thank you in advance for your anticipated cooperation in this matter.
Sincere y,
Leo E. Tremblay
Inspector of Bu ggs
LET: sum
cc: Dave Shea
Councillor Gaudreault, Ward 5
Matthew Magm,..
P.O. BOR 1184
Saugus, Mass. 01906
Certified Mail # P 921 991 635
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THomas Powers/ SYN
c/o Robert Maquire T
P.O. Box 221
Peabody, Mass. }1
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CITY OF SALEM, MASSACHUSETTS
r BOARD OF APPEAL
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~ �? 120 WASHINGTON STREET*SALEM,MASSACHUSETTS 41970
1978-745-9595 * FAX:978-740-9846 i :L� ;=
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MAYOR Risco :
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February 3, 2016
cision
City of Salem Board of Appeals
A petition of ROBERT BURR requesting a Special Permit per Sec. 3.3.2Nonconforming Uses of the
Salem Zoning Ordinance to change an existing nonconforming use of a multifamily residential
units to another nonconforming use of mixed use commercial office/retail and a Special Permit per
Sec. 3.3.3 Nonconforming Structures to alter a nonconforming structure. The petitioner is also
requesting Variances for relief from Sec. 4.1.1 Table of Dimensional Requirements to exceed the
maximum height and front yard setbacks at the properties located at 331-335 LAFAYETTE ST, 5-7
WEST AVE,11 WEST AVE (Map 32 Lots 231,232,233,234)(Bl, Rl, R2).
A public hearing on the above Petition was opened on October 21, 2015 pursuant to M.G.L Ch. 40A, § 11.
The public hearing was continued on November 11, 2015, December 16, 2015 and January 20, 2016. The
hearing was closed on January 20, 2016 with the following Salem Board of Appeals members present: Ms.
Curran (Chau),Mr. Copelas,Mr.Watkins,and Mr.Viccica (alternate).
The Petitioner is requesting a Special Permit per Sec. 3.3.2 Nonconforming User of the Salem Zoning Ordinance
to change an existing nonconforming use of a multifamily residential property to another nonconforming use
of mixed use commercial office/retail and a Special Permit per Sec. 3.3.3 Nonconforming Structures to alter a
nonconforming structure. The petitioner is also requesting Variances for relief from Sec. 4.1.1 Table of
Dimensional Requirements to exceed the maximum height and front yard setbacks.
Statements of fact:
1. Attorney Grover presented the petition on behalf of the petitioner.
2. In the petition date-stamped September 25,2015, the Petitioner requested a Special Permit per Sec.
3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change and existing nonconforming use
of a multifamily residential property to another nonconforming use of mixed use commercial
office/retail.The petitioner also requested Variances for relief from Sec. 4.1.1 Table of Dimensional
Requirements to exceed the maximum height, front yard setbacks and relief from Sec. 5.0 Table of Parking
Requirements and 5.1.5 Parking Design located at the properties located at 331-335 Lafayette Street and
5-7 West Ave (Map 32 Lots 231,232, 233).
3. A public hearing for the petition was opened on October 21,2015 and continued to the next regularly
scheduled meeting on November 11,2015 ,December 16,2015 and January 20,2016 at the request
of the applicant to revise the original plans to eliminate the request for a variance from the parking
City elf Salem Board of Appeals
2/3/2016
Project:331-335 Lafayette Street,5-7 West Ave and I I West Ave
Page 2 of 6
requirements and lessen the impact of the proposed development on the neighborhood character
particularly along the eastern boundary of the property.
4. The original petition, dated September 25, 2015, proposed a three (3) story building with
approximately 7,000 square feet of retail space on the first floor and approximately 32, 000 square feet
of office space on the upper two (2) floors.
5. The original petition, proposed a building with a height of 39.5 feet, which exceeds the allowable
height of the B-1 and R-2 zoning districts. The proposed building also had setbacks proposed along
Lafayette Street and West Avenue that encroached on the fifteen (15) feet front yard setback
requirements.
6. The original petition, dated September 25, 2016,proposed to provide 55 parking spaces for a 39,000
square foot building. To meet the parking requirements of the Zoning Ordinance, the petitioner
would need to provide 132 parking spaces for the proposed building square footage and uses.
7. At the public hearing on October 21, 2015, the Board stated concerns about the impacts of the
proposal on the neighborhood character and concerns that the proposed square footage was directly
causing the petitioner to request a Variance from the parking requirements.
8. At the public hearing on October 21, 2015, the petitioner requested a continuation to the next
regularly scheduled meeting on November 11, 2015 to respond to the concerns of the Board and the
public.
9. The applicant submitted a revised petition dated November 24, 2015. The petitioner withdrew the
request for Variances for relief from Sec. 5.0 Table of Parking Requirements and 5.1.1 Parking Design. In
addition, the petitioner entered into a purchase and sales agreement to purchase the property located
at 11 West Avenue (Map 32 Lot 234).
10. The petitioner submitted a revised petition form dated November 24,2015 and the legal notice was
re-advertised to include the additional property at 11 West Avenue (Map 32 Lot 234).
11. On November 11,2015 the petitioner requested a continuation of the public heating to the next
regularly scheduled meeting on December 16,2015 for more time to revise plans.The Board granted
the request.
12. On December 16, 2015,Attorney Grover presented the revised petition requesting a Special Permit
per Sec. 3.3.2 Nonconforming Uses of the Salem Zoning Ordinance to change and existing
nonconforming use of a multifamily residential property to another nonconforming use of mixed use
commercial office/retail and a Special Permit per Sec. 3.3.3 Nonconforming Struams to alter a
nonconforming structure. The petitioner is also requesting Variances for relief from See. 4.1.1 Table of
Dimensional Requmments to exceed the maximum height and front yard setbacks.
13. The revised petition proposed to reduce the square footage of the three (3) story building by
approximately 10,000 square feet. The total square footage of the revised building included
approximately 6,300 square feet of retail on the first floor and 23,000 square feet of office space on
the upper two (2) floors.
14. The applicant states that a two (2) - story office building would be more detrimental to the
neighborhood than the proposed mixed use building.
Cit?of Salem Board of Appeals
21312416
Project:331-335 Lafayette Street,5-7 West Ave and 1 I West Ave
Page 3 of 6
15. The revised petition proposed to provide the required eighty-three (83) parking spaces to be in
conformance with the zoning requirements associated with the reduced building square footage and
associated uses as proposed in the revised plans.
16. There were no dimensional changes proposed to the setbacks or building height in the revised plan
dated November 24,2015.
17. Mr. Burr also proposed to grant an easement to the City to accommodate ongoing traffic
improvements at the intersection of West Avenue and Lafayette Street.: if the City Engineer
determines it would be beneficial.
18. Attorney Grover presented the following grounds for the Variance requests: -
• Special conditions and circumstances that especially affect the land,building,or structure involved,
generally not affecting other lands,buildings and structures in the same district are that parcel at
331 Lafayette Street is an odd"L"shaped lot that that cannot be commercially developed as
allowed by-right.The irregular shape of this parcel required the petitioners to aggregate several
parcels in order to create a site that could be practically developed.The property at 5-7 West Street
is a six (6) unit residential property surrounded by two (2) commercially zoned properties including
a portion of 331 Lafayette Street and 335 Lafayette Street is also a unique circumstance.Another
unique feature of these properties is that there are four (4) separate parcels in three (3) different
zoning districts. Since the public hearing in October,the petitioner has added an additional parcel
to the project properties, 11 West Avenue,to meet the required parking regulations and piece
together property can be developed.
• Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the
applicant because the shape of 331 Lafayette Street has forced the applicant to The one irregularity
along the northern edge of 331 Lafayette Street still presents some physical challenges and directly
affects where a building can be located and how high the building needs to be.The irregular shape
of 331 Lafayette along the northern edge also forced the location of the building to be within the
front yard setbacks along Lafayette Street and West Avenue in order to make space for the
required parking and on-site traffic circulation.The other reason for the proposed location of the
building is to lessen the impact on the abutting residential properties.Both the Board and the
neighborhood are concerned about the impacts of a commercial use on abutting residential
properties. The proposed building height Variance is directly in response to these site-specific
physical challenges.
• 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 site is in poor condition with a series of commercial and residential properties that are in
disrepair.The petitioner proposes put a program in place that significantly improves the properties
and does so in a way to maintain a first floor retail space that is important to the neighborhood and
also keeps a reasonable buffer between the proposed commercial and existing residential
neighborhood. Diminishing the size of the building and increasing the parking addresses the
negative aspects and concerns from the neighborhood that the project would cause increased
traffic and parking overflow into the neighborhood. The petitioner has addressed the concerns of
the neighborhood with the revised plan presented.
19. Mr. Cameron- Engineer- testified that the odd shape of the lot along the northern boundary presents
significant challenges to the overall site design. The proposed building angle is designed in this way to
accommodate the parking requirements. If the jog in the lot line were not irregularly shaped,along the
City 8f Salem Board of Appeals
2/3/2016
Project: 331-335 Lafayette Street,5-7 West Ave and 11 West Ave
Page 4 of 6
northern edge of 331 Lafayette, there would be space for another parking lane and alternative options
for building location. However, this lot line angle pushes the building down further onto the corner of
Lafayette Street and West Avenue. The proposed building is no closer to the street than any of the
existing buildings.
20. Mi.Cameron-Engineer and Mr. Pittman-Architect testify that the project team studied the design and
building orientation and found that the proposed configuration was the best option for three (3)
reasons. 1) The comer has a major sight distance deficiency. By pulling the building back from the
comer and placing it at this angle, the sight distance around the comer from West Avenue to
Lafayette Street is significantly improved and will help with traffic circulation; 2) Given the irregular
shaped lot, there is no ability to orient the parking spaces at the 11 West Avenue property and meet
the parking requirements and a safe parking lot design without this building orientation; 3) From an
architectural perspective, the angle of the building also reduces the visual mass of the building along
Lafayette Street.
21. The existing footprint square footage at 331-335 Lafayette Street is approximately 12,000 square feet
with approximately 130 +/- linear feet along Lafayette Street. The existing width of the property is
approximately seventy (70') feet.
22. The proposed footprint square footage is approximately 11,500 square feet with ninety-two (92') +f-
linear feet along Lafayette Street,which is less than the existing development.
23. The existing buildings vary in height from eighteen (18'} feet to thirty-nine (39') feet tall
24. The proposed building height is thirty-nine (39) feet tall.
25. Mr.Pittman-Architect- testified that the additional building height beyond the maximum dimensional
requirement of thirty (30) feet is necessary to provide visual and auditory screening for various
mechanical systems including the elevator and HVAC. In order to construct a three (3) story structure
within the 30' foot building height requirement is not physically possible. Mr. Pittman demonstrated
that with this height restriction, the interior ceiling height would be seven (7) feet tall in many
locations with a peak height of 7.8 (feet) tall. This height does not account for the roof,parapet,slope
edges and mechanical systems. The thirty (30'} feet requirement is unrealistic for a three (3) story
structure. The height of the building to the bottom of the cornice detail is twenty (20� feet and to the
top of the gutter and assembly is twenty-two (22) feet. From the grade level to the top of the dormer
is thirty-one and a half feet(31.5) feet.
26. At the public hearing on December 16,2015,inn response to public concerns from abutters, the Board
requested that the developer consider expanding the buffer between the development and residential
neighborhood along the eastern edge of the property,move the dumpster pad location from any
property edges, and further reduce the size of the proposed building to help reallocate space to lessen
the impacts of the proposal on the neighborhood.
27. The applicant submitted revised plans to the Board on January 13, 2015 with the following changes:
1) A reduction in the building size from 29,000 square feet to 24,000 square feet; 2) An expansion of
the buffer between the eastern edge of the subject property and abutting residential properties by
shortening the proposed building along West Avenue by thirty (30') feet 3)A teconfiguration of the
parking lot design and reduction in the number of parking spaces to include a total of seventy-two
(72) parking spaces; 4) The location of the dumpster pad is located away from the property
boundaries; 5) The petitioner proposed to keep and restore the existing two (2)- family dwelling unit
City of Salem Board of Appeals
2/3/2016
Project:331-335 Lafayette Street,5-7 West Ave and 11 West Ave
Page 5 of 6
at the property of 11 West Avenue (Map 32 Lot 234) and using the back portion of the 11 west street
lot as parking and buffer for the proposed structure.
28. The requested relief, if granted, would allow the Petitioner to change and existing nonconforming
use of a multifamily residential units to another nonconforming use of mixed use commercial
office/retail and to exceed the maximum height and front yard setbacks in accordance with the
revised site plan dated January 13,2016.
29. At the public hearings, a petition in opposition to the request was submitted and signed by one
hundred and sixteen (116) residents. In addition, eight(8) letters of opposition were submitted.Three
(3) letters of support were submitted and many people spoke both in opposition and support of the
proposal. At the final hearing,residents expressed broad support for the revised plans.
The Salem Board of Appeals, after careful consideration.of the evidence presented at the public hearing, and
after thorough review of the petitions, including the application narrative and plans, and the Petitioner's
presentation and public testimony, makes the following findings that the proposed project meets the
provisions of the City of Salem Zoning Ordinance:
Findings —Special Permit:
The Board finds that the proposed project is not substantially more detrimental that the existing
nonconforming use to the neighborhood.
1. Social, economic and community needs are served by the proposal, An office building could be
constructed on the parcel as of right, but the first floor retail component is an important use that
provides a better opportunity to meet the needs of the community.
2. Traffic flow and safety, including parking and loading are adequate as the proposal meets the parking
requirements.
3. There are no changes to the impact on utilities and other public services.
4. Impacts on the natural environment, including drainage are no more than what already exists. In
particular, the petitioner has shown that there is a decreasein impervious surfaces than the existing
development.
5. The proposal is in keeping with the neighborhood character.The proposal is a change to the overall
look of the building, .the board determined that in order for the project to be less detrimental than the
existing use,a landscape buffer and fencing and dumpster location were critical to this. a significant
buffer between the proposed building and the residential neighborhood as the petitioner is proposing
to keep the use and structure of 11 West Avenue
6. The potential fiscal impact, including the impact on the City tax base is positive as this will be an
improved property.
For these reasons,the special permit is warranted.
Findings—Variances from maximum height(feet) and front yard setback requirements.
1. Special conditions and circumstances that especially affect the land, building, or structure involved,
generally not affecting other lands, buildings, and structures in the same district is that the property is
within three (3) different zoning districts and an Overlay District, the irregular shape of the property
along the northern boundary is different.
2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the
applicant in that any alternative proposal to develop this site, including what is allowable by right,
would not be less detrimental to the neighborhood.
CiWof Salem Board of Appeals
2/3/1016
Project: 331-335 Lafayette Street,5-7 West Ave and I 1 West Ave
Page 6 of 6
3. The desired relief may be granted without nullifying or substantially derogating from the intent or
purpose of the City of Salem Zoning Ordinance.
On the basis of the above statements of facts and findings, the Salem Board of Appeals voted four (4) in
favor(Ms. Curran,Mr.Watkins,Mr. Copelas,Mr. Viccica(alternate))and none (o) opposed, to grant a Special
Permit per Sec. 3.3.2 Naneonforming Ures of the Salem Zoning Ordinance to change and existing
nonconforming use of a multifamily residential units to another nonconforming use of mixed use commercial
office/retail, a Special Permit per Sec. 3.3.3 Nonconforming Structures to alter a nonconforming structure and
Variances for relief from See. 4.1.1 Table of Dimensional Regtdrements to exceed the maximum height and front
yard setbacks, subject to the following terms, conditions, and safeguards:
1. The Petitioner shall comply with all city and state statutes, ordinances, codes and regulations.
2. All construction shall be done as per the plans and dimensions submitted to and approved by the
Building Commissioner
3. All requirements of the Salem Fire Department relative to smoke and fire safety shall be strictly
adhered to.
4. Petitioner shall obtain a building permit prior to beginning any construction.
5. Exterior finishes of new construction shall be in harmony with the existing structure.
6. A Certificate of Occupancy is to be obtained.
7. A Certificate of Inspection is to be obtained.
8. Petitioner is to obtain approval from any City Board or Commission having jurisdiction including,but
not limited to, the Planning Board.
Special Conditions:
1. The existing structure and residential dwelling at 11 West Avenue will remain.
2. The fence and vegetative buffers shall be maintained by the petitioner, his successors or assigns.
3. This decision requiring the buffet between the approved proposal and the residential properties shall
be recorded in the chain of title on the deed of the property.
Rebecca Curran,Chair 7 —
Board of Appeals
A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK
Appeal fmm thin dediron, if aqy, shall be made pursuant to Section 17 of the Massacbusens General Laws Chapter 40A, and shall be filed nathin 10
days of filing of thu derision in the offirr of the City Clerk Pursuant to the Marrachusear General Lams Chapter 40A, Section 11, the Variance or
Speaal Permitgranted herein shall not take effect until a ropy of the deacon beanng the rertifrrate of the Gty Clerk has been filed ngth the Essex South
Registry of Deedf.
rol$'4�vwwl
(fitu of �ttlem, �assar4usetts
Public Propertg i9epartment
Nuilbing i9epartment
(One #slim (6reen
508-745-9595 $xt. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
June 17 , 1996
James B . Collett
C. P . T . Realty Trust
P .O. BOX 2098
Haverhill , Mass . 01831
RE : 5 West Avenue
Dear Mr . Collett :
This office has received a complaint of too many
individuals occupying apartment #2 at the above mentioned
property. This office has been informed of as many as six
( 6 ) unrelated people are sharing the one unit .
The City of Salem Zoning Ordinance does not allow more
than three unrelated persons to share a unit .
Please contact this office within ten ( 10 ) days upon
receipt of this letter to inform us as of your course of
action in this matter .
Thank you in advance for your anticipated cooperation
in this matter .
Sincerely,
Leo E. Tremblay
Zoning Enforcement Officer
LET: scm
cc: Health Department
Councillor Kelley, Ward 55
W
Tito of 3olem, ,Aril c4uoctto
Public Prupertg Department
\ � $uilbing Department
Mne tbelem (Breen
508-745-9595 (`xt. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
June 17 , 1996
James B. Collett
C. P . T. Realty Trust
P .O. BOX 2098
Haverhill , Mass . 01831
RE : 5 West Avenue
Dear Mr . Collett :
This office has received a complaint of too many
individuals occupying apartment #2 at the above mentioned
property. This office has been informed of as many as six
( 6 ) unrelated people are sharing the one unit .
The City of Salem Zoning Ordinance does not allow more
than three unrelated persons to share a unit .
Please contact this office within ten ( 10 ) days upon
receipt of this letter to inform us as of your course of
action in this matter .
Thank you in advance for your anticipated cooperation
in this matter .
Sincerely,
Leo E . Tremblay
Zoning Enforcement Officer
LET: scm
cc: Health Department
Councillor Kelley, Ward 5
r\ /\
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�P 228 212 078
- US Postal Service 1 ;-� ,
Receipt for Certified Mail 3
No Insurance Coverage Provided. G _N
DSoe�not use for
International Mail See reverse to
C! ;o /CERcTf-
St dNu
� ' C-/ -.2098 ITY OF SALEM BOARD OF HEALTH
ce,State,N 8 LP Code
,Pr,cc. A. D/J'3/ Salem, Massachusetts 01970-3928
Postage s
- NINE NORTH STREET
HEALTH AGENT Tel:(508)741-1800
Fax:(508)740-9705
July 3, 1996
CPT Realty Trust
James B. Collett, Trustee
P.O. Box 2098
Haveerhill, Ma. 01831
Dear Mr. Collett :
In accordance with Chapter II of the State Sanitary Code, 105 CMR 410.000, Minimum
Standards of Fitness for Human Habitation, a recent reinspection was conducted of
your property located at 5 West Avenue Apt#2 by Virginia Moustakis, Senior
Sanitarian of the Salem Health Department on July 2, 1996 at 3:00 P.M..
The violations noted in the last report of June 17, 1996 have been corrected.
Thank you for your cooperation in this matter.
For the Board of Health : Reply to:
oanne Scott Virginia Moustakis
Health Agent Senior Sanitarian
cc: Building Inspector
JS/sjk
SALEM HEALTH DEPARTMENT
9 North Street
Salem,MA 01970
�4�r Slate Sanitary Code, Chapter 11: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: t°/h li ��GTAo�n/4 P Phone:
Address: S W(V,S7- Apt. 74, Floor
Owner. (IhOT �HRlYf/ ltSr Address: PA&229
InspectionDate: _ Time
// ,,,�/ ter-era-.
Conducted By: lnlLPfi/%l/f Accompanied By: /GJj='66�y
Anticipated Reinspection Date:
Specified Reg # Violation
Time 410. . . .
A/ 04 3--00
S -d- v s av nam
4
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One or more of the above violations may endanger or materially impair
the health, safety and well-being or the occupants(s)
Cod nforcement Inspector
Este es un documento legal importanle. Puede que afecte sus derechos.
Puede adquiriruna Iraduccion de esta forma.
Tore
CITY OF SALEM BOARD OF HEALTH
Salem, Massachusetts 01970-3928
JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET
HEALTH AGENT Tel:(508)741-1800
Fax:(508)740-9705
July 2, 1996
CPT Realty Trust
James B. Collett,Trustee
P.O. Box 2098
Haverhill, Ma. 01831
Dear Mr. Collett:
In accordance with Chapter 111, Sections 127A and 127B of the Massachusetts General Laws, 105 CMR 400.00;
State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code,
Chapter II: Minimum Standards of Fitness for Human Habitation, an reinspection was conducted of the property
located at 5 West Avenue occupied by Aaron Voltringer.conducted by Virginia Moustakis, Senior Sanitarian
on Tuesday,July 2, 1996 at 9:00 A.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 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.
4Fo the Board of Health: Reply to:
4�4
oanne Scoft Virginia Moustakis
Health Agent Senior Sanitarian
cc:Tenant&Building Inspector
Certified Mail P 228 212 078
JS/sjk
PY Vi Iw
�r rage i ui i
• SALEM HEALTH DEPARTMENT
/ 9 North Street
Salem.MA 01970
Slate Sanitary Code, Chapter 11: 105 CMR 410.000
Minimum Standards of Fitness for Human Habitation
Occupant: 44leow Vocr,P/Age,C Phone:
Address: S ((//=S7` -t/E Apt. Floor
Owner e t- `)`'� Address: O, v o?OM
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Inspection Date: 7— aZ q� _ Time 001
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Conducted By: bl eu.5 rd(ll,5 Accompanied By:
Anticipated Reinspection Date:
Specified Reg # Violation
Time 410. . . .
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One or more of the above violations may endanger or materially impair
the health, safety and well-being or the occupants(s)
1)o
CtAle Enforcement Inspector
Este es un documento legal importante. Puede que afecte sus derechos.
Puede adquiriruna Iraduccion de esta forma.
� � f
E S S E X
MANAGEMENTGROUP
Ron ltmk, Matthew B. Dykeman
R.Skkntial/Commercial leasing
�lmesror Spnices '
50 Washington Street • PO Box 2098 • Haverhi)1 • MA • 01831
(800)370-0894 • (508)373-3024 • Fax{508)521-5520 1
TitLj of i9ttilem, fiRttssac4usPtts
t1uhlic Propertg Department
Nuilbing Department
(One #stem (6rern
500-745-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building February 7 , 1996
Zoning Enforcement Officer
Essex Management Group
52-54 Washington Street
P . O. Box 2098
Haverhill , Mass . 01831
RE : 5-7 West Avenue
Dear Mr . Collett Jr . :
On February 7 , 1996 at 10 : 00 A.M. , I re-inspected the
above mentioned property.
The list of violations pertaining to the State
Building Code issued to you on January 18, 1996 has been
corrected to my satisfaction , and thank you for your quick
response .
At this time I would also suggest that you speak to
the tenant in apartment #I , to see if he can maintain his
unit in a more orderly manner . It seems as it is just
boarding on the line of being a health hazard as far as
cleanliness .
Per our conversation, I am looking forward to seeing
you this spring to pull required permits for the
additional work you are planning to undertake at this
location.
If this office can be of any further assistance in
this matter, please do not hesitate to call .
Sincerely,
Zings Leo E. Tremblay Inspector of Bui
LET: scm
cc : David Shea
Tom Keough
Health Department
Councillor Kelly
Mom
TjtU of ttlrm, .4VHSSUr USrtts
1
n
Publir Propertp Department
qeG�' uilbing Department
(One #stem (5reen
500-745-9595 tct. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
January 18 , 1996
Essex Management Group
52-54 Washington Street
P . O. Box 2098
Haverhill , Mass . 01831
800-370-0894
RE: 5-7 West Avenue
Dear James B. Collett Jr . :
Due to a complaint received from your tenant , I
conducted an inspection of the above mentioned property
and found the following violations :
1 . Entrance door threshold at front entry must be
repaired or replaced.
2 . Debris from front , rear hallways and rear porch
must be cleaned.
3 . Smoke detectors are not operational and must be fixed
at once .
Ceiling in livingroom, kitchen and bath must repaired.
5 . Repair all windows so they operate properly.
6 . Interior partition between bedroom and wall needs to
be stabilized.
7 . Replace bath tile at wall areas .
8 . Light fixture not working in rear hall first floor .
9 . Snow must be removed from rear stairs .
(Means of egress ) .
10 . Rear porch door does not operate properly. (Means of
egress ) .
11 . Replace threshold at rear porch area .
12 . Replace loose boards at rear porch.
13 . Rails missing in rear stairwells .
14 . Locks on front and rear entry doors missing.
I 5 . =roken glass at combination � indow on rear porch must
be repaired .
16 . No lighting for basement .
17 . Remove carpet or carpet pad from basement floor.
18 . .,.11 violations found in apartment -- 2 .
Please contact this office upon receipt of this letter
to inform us of your course of action in this matter .
Failure to do so within fifteen ( 15 ) days will result in
court action being taken against you .
Thank you for your anticipated cooperation regarding
this matter .
Sincerely,
9
Leo E . Tremblay
Inspector of Buildings
LET: scm
cc : David Shea
Councillor Kelly, Ward 5
Tenant of 5 West Avenue
Apartment #1 '
Certified Mail /t P 921 991 879
ENDER:
• Complete items 1 and/or 2 for additional services. also Wish f0 receive the
• complete Items 3,and as a b. following services(for an extra fee):
• Pnot your name and address on the reverse of this form so that we can return this card
to you. 1. ❑ Addressee's Address
• Attach this form to the front of the mailpiece,or on the back if space does not permit.
• Write"Return Receipt Requested-on the mailpiece below the article number. 2. ❑ Restricted Delivery
• The Return Receipt Fee will provide you the signature of the person delivered to and the Consult postmaster for fee.
date of delivery.
3.Article Addressed to: qa.Article Number
t r.:3*-st (.a-astP P 921 991 879
fa-'JfF .....Iijcc. L^.tc s^ 4b.Service Type
NVt,A7., _1, t.srt , Vii':;t CERTIFIED
7.Date of Delivery_ 1 i
5.Si Ature—(A dressee) 8.Addressee's Address
(ONLY if requested and fee paid.)
6.Signature—(Agent) JAN 2 2
'a'JF o
PSTorm 3811,November 1990 DOMESTIC RETURN RECEIPT
United States Postal Service II I I II
r.
Official Business
PENALTY FOR PRIVATE
USE,$300
111111111111111111111111111111111111,111111111111111
INSPECTOR OF BUILDINGS
ONE SALEM GREEN
SALEM MA 01970-3724
I
/ I
ARTICLE
• P 921 991 879
UNE 1. Esse.. Hanagemeut Group
NUMBER
52-54 Washington Street
P.O. Bok 209$
Haverhill, Mass. 01831
t FOLD AT PERFORATION t WALZ
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INSERT IN STANDARD#10 WINDOW ENVELOPE. , E I R T I F E D
M A I L E RW ,�
PDSTAGE -
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RETURN SNGWTO ATE AND POSTMARK OR DATE
OF DEUVRESTRICTED W
RECEIPT
ADDRESS of oeuvEav DELIVERY a
O
SERVICE CERTIFIED FEE+RETURN RECEIPTFWy,
Q- IOTA-PGSTAGE AND FEES 1 m
F� RAND CMR W
SENT TO No NOT FOR INTERNATIONAL MAIL ' LLO O
,a Essex Management Group s. o
Er 52-54 Washington Street ¢�
P.O. Box 2098 ro
N Haverhill, Maas. 01831 F=.
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W¢
PS FORM 3800 i
RECEIPT FOR CERTIFIED MAIL
a
1 uEs
' PoMST.ILSEMSEINICE
n
i
STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front).
1. If you want this receipt postmarked,stick the gummed stub to the right of the return address of the
' article,leaving the receipt attached,and present the article at a post office service window or hard
it to your rural carrier(no extra charge).
q 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address
of the article,date,detach and retain the receipt,and mail the article. -
3. If you want a return receipt,write the certified-mail number and your name and address on a return
receipt card,Form 3611,and attach it to the front of the article by means of the gummed ends if space
permits.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 appropriate 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.
c
Titu of iftlem. Mttssttr4usetts
3 �
Public Prnpertp Deportment
Nuilaing Department
(One Kalem (6reen
508-745-9595 Ext. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
January 18 , 1996
Essex Management Group
52-54 Washington Street
P . O. Box 2098
Haverhill , Mass . 01831
800-370-0894
RE: 5-7 West Avenue
Dear James B. Collett Jr. :
Due to a complaint received from your tenant , I
conducted an inspection of the above mentioned property
and found the following violations :
1 . Entrance door threshold at front entry must be
repaired or replaced .
2 . Debris from front, rear hallways and rear porch
must be cleaned.
3 . Smoke detectors are not operational and must be fixed
at once .
4 . Ceiling in livingroom, kitchen and bath must repaired.
5 . Repair all windows so they operate properly.
6 . Interior partition between bedroom and wall needs to
be stabilized.
7 . Replace bath tile at wall areas .
8 . Light fixture not working in rear hall first floor.
9 . Snow must be removed from rear stairs .
(Means of egress ) .
10 . Rear porch door does not operate properly. (Means of
egress ) .
11 . Replace threshold at rear porch area .
12 . Replace loose boards at rear porch.
13 . Rails missing in rear stairwells .
14 . Locks on front and rear entry doors missing.
15 . Broken glass at combination window on rear porch must
be repaired.
16 . No lighting for basement .
17 . Remove carpet or carpet pad from basement floor.
18 . All violations found in apartment #2 .
Please contact this office upon receipt of this letter
to inform us of your course of action in this matter .
Failure to do so within fifteen ( 15 ) days will result in
court action being taken against you .
Thank you for your anticipated cooperation regarding
this matter.
Sincerely,
Leo E . Tremblay
Inspector of Buildings
LET: scm
cc : David Shea
Councillor Kelly, Ward 5
Tenant of 5 West Avenue
Apartment #1
Certified Mail # P 921 991 879
(situ of t'�tt1Em, maaaar4usEtta
Public Prupertp Department
r
Nuilbing Department
(One 6nlem (5reen
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building July 12 , 1995
Zoning Enforcement Officer
Thomas Powers
c/o Robert Maquire Trust
P . O. Box 1184
Saugus , Mass . 01906 _
RE : 5-7 West Avenue
Dear Mr . Maquire :
On June 21 , 1995 a letter was sent to you with
violations concerning the above mentioned property. A
follow up inspection was conducted and to this date the
violations have not been completed.
If this office does not see any progress within the
next fifteen ( 15 ) days , court action will be taken against
you .
Please give this office a call to update this matter
or to inform us of reasons why these violations have not
been corrected .
Thank you in advance for your anticipated cooperation
in this matter .
Sincerely,
Leo E . Tremblay
Inspector of Buildi gs
LET: scm
cc: Dave Shea
Larissa Brown
Councillor Gaudreault , Ward 5
Certified Mail # P 921 991 772
ARTICLE
�-_ P 921 991 772
UNE 1.
NUMBER
Thomas Powers
c/o Robert Maquire Trust
Saugus, Mass. 01906 '
t FOLD AT PERFORATION t WALZ
INSERT IN STANDARD#10 WINDOW ENVELOPE. i' , [ E A T I I I E D
�•' M A I [ E AT
D
POSTMARK OA DATE
SHOW TO WHOM,DATE ANO RESTRICTED W
ADDRESS OF DEINERY DELIVERY
CERTIFEOFEE+RETDRNRECEIPTW0
rLiTOTAL POSTAGE AND FEES ZW
[� NO RANCE COVERAGE PROVIDED- W
M1 SENT TO. NOT FOR INf8RFTERNATIONAL MAIL OTHFR 91l ` Owl
a Q
l it K
1 a-
❑- Thomas PQIieTB
C/o Robert Maguire Trust Wo
rri5; Saugus, Mass. 01406 F=
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PS FORM 3800 z
f„I RECEIPT FOR CERTIFIERIM 11-
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"2,_--.----_ IosTN.:EIMOE �
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_��w r�, r _______.___________-u.._____..-..._____.___---__^_^____ _
f
STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front).
1. If you want this receipt postmarked,stick the gummed stub to the right of the return address of the
article,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
of the article,date,detach and retain the receipt,and mail the artide.
3. If you want a return receipt,write the certified-mail number and your name and address on a return
receipt card,Farm 3811,and attach it to the front of the article bymeans of the gummed ends g space
permits.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 appropriate 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.
SENDER:
• Complete items 1 and/or 2 for additional services. I also wish to receive the
• Complete items 3,and 4a a b. following services(for an extra fee):
• Print your name and address on the reverse of this form so that we can return this card
to You. 1. ❑ Addressee's Address
• Attach this form to the front of the mailpiece,or on the back if space does not permit.
• write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery
• The Return Receipt Fee will provide you the signature of the person delivered to and the
data
of deliver . Consult postmaster for fee.
3.Article Addressed to: 4a.Article Number
P 921 991 772
,nl- taq rowih.rs 4b.Service Type
c/o Pybart Maquii,o 'Tru:at
•Saugusl. 1:a,ez. 01906 . CERTIFIED
U
7.Date of Delivery,{
5.Signature—(Addressee) TAddre�i Addrgds
(ONLM,Qil tec`and fee paid.)
6.Si re (Agent) 4��0
J
t
PS Form 3811,flovember 1990 DOMESTIC RETURN RECEIPT
United States Postal Service II I I I
Official Business
PENALTY FOR PRIVATE
USE,$300
Ill�u�ulll�l��l���lllun�ll�lu�l��l�l�lullu�ll .
INSPECTOR OF BUILDINGS
ONE SALEM GREEN
SALEM MA 01970-3724
01 IIi lli l l 111 11 l i, l lel lli„ Ii 11 l
Titg of Ottllem, fttsaac4uartts
(Q9*04VM --
Public Vrapertg Department
Nuilbing Department
(One #nlem green
588-745-9595 fid. 388
Leo E. Tremblay
Director of Public Property
Inspector of Building November 14, 1994
Zoning Enforcement Officer
Thomas Powers
c/o Robert Maquire Trust
P.O. Box 221
West Peabody, Mass. 01960
RE: 5-7 West Avenue
Dear Mr. Powers:
Due to a complaint received through the Neighborhood Improvement
Committee hot line, I conducted an inspection of the above mentioned
property and the following violations were found:
1. Soffitts at left hand side of building must be repaired to stop
small animals from entering.
2. Fence must be removed or repaired.
3. Debris under rear porch of #5 must be cleaned.
4. Rear stair risers must be closed.
5. Rear porch must be cleared of all debris.
6. Missing window on second floor level porch.
7. Replace front door unit 11 7.
8. Light fixture in front hall must have protection device.
9. No more than three unrelated people in one apartment.
10. This property is a legal 2 apartment unit at # 5 and a legal 2
apartment unit at li 7. We have been informed of too many people
occupying this apartment. -�
Please notify this department upon receipt of this letter as to your
course of action to rectify these violations. Failure to do so will result
in legal action being taken against you.
Thank you in advance for your anticipated cooperation in this matter.
Sincere Y,
c ✓/
— Leo E. Tremblay
Inspector of Bu s
LET: sum
cc: Dave Shea
Councillor Gaudreault, Ward 5
Matthew Magm-.
P.O. BOR 1184
Saugus, Mass. 01906
Certified Mail # P 921 991 635
-� Titg of �ttlem, Mali sttr4usetts
Public Propertu Department
Nuilbing (Department
(One 03nlem l4reen
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building June 21, 1995
Zoning Enforcement Officer
Thomas Powers
c/o Robert Maquire Trust
P.O. Box 1184
Saugus, Mass. 01906
RE: 5-7 West Avenue
Dear Mr. . Maquire:
Due to a number of complaint received through the Neighborhood
Improvement Committee an inspection of the above mentioned property was
conducted and found the following violations:
1. Soffitts at left hand side and rear of building must be repaired to
stop small animals from entering.
2. Rear stair risers must be closed.
3. Rear porch must be Aleared of all debris .
4. Light fixture in front hall must have protection device.
5. Smoke detectors in halls must be re-connected.
6. All hand rails and ballasters must be repaired in stairwells.
7. Clean all trash and debris from stairwells.
8. Trash must be kept in containers having lids.
9. Fix thresholds at rear porch .
10. Cut weeds overgrowth at side and rear of building.
11. Chimney at roof top must be re-pointed.
Please notify this department upon receipt of this letter as to your
course of action to rectify these violations. Failure to do so will result in
legal action being taken against you.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely, ^
Leo E. Tremblay
Inspector of Buildin'
LET: scm
cc: David Shea
Larissa Brown
Councillor Gaudreault, Ward 5
Certified Mail # P 921 991 754
•rte. - AUMINIS I HA I IU14 A14U 1=10-UHULIVIEN I
Department of Public Safety shall be notified in writing within seven (7) working
days of any action taken under this section.
101.4 Referenced Standards: Where differences occur between provisions of this
code and referenced standards, the provisions of this code shall apply.
SECTION 102.0 ORDINARY REPAIRS
102.1 General: Except as provided in Section 113.1, a permit shall not be required
for ordinary repairs to buildings and structures.
SECTION 103.0 INSTALLATION OF SERVICE EQUIPMENT
103.1 General: When the installation, extension, alteration or repair of an
elevator, moving stairway, mechanical equipment, refrigeration, air conditioning or
ventilating apparatus, plumbing, gas piping, electric wiring, heating system or any
other equipment is specifically controlled by the provisions of this code or the
approved rules, it shall be unlawful to use such equipment until a certificate of
approval has been issued therefor by the building official or other agency having
jurisdiction.
SECTION 104.0 MAINTENANCE
104.1 General: All buildings and structures and all parts thereof, both existing and
new, shall be maintained in a safe and sanitary condition. All service equipment,
means of egress, devices and safeguards which are required by this code in a
building or structure, or which were required by a previous statute in a building or
structure, when erected, altered or repaired, shall be maintained in good working
order.
104.2 Owner responsibility: The owner, as defined in Article 2, shall be
responsible for the safe and sanitary maintenance of the building or structure and
its exitway facilities at all times, unless otherwise specifically provided in this code.
Corrected 780 CMR - Fifth Edition 1-3
-_.,nuORROOD IMPROVEMENT TASK FORCE
Hirt. Comm. Yes O
REFERRAL, FORM Coma. Comm. Yes C
SRA Yes o
Date: to ii 6 1
J
Address:
Complaint: "T0. , V G,C( S Llk�c y • + k t.
Complainant: M u Y t u Ig 1 .k tl c c c' Phone#:
Address of Complainant: 3 5 I,t�e_s+ ft&--F
-F _
BUILDING INSPECTOR KEVIN HARVEY
FIRE PREVENTION ELECTRICAL DEPARTMENT
HEALTHDDEPAR]WEVT CITY SOLICITOR
ANIMAL CONTROL SALEM HOUSING AUTHORITY
PLANNING DEPARTMENT POLICE DEPARTMENT
TREASURER/COLLECTOR ASSESSOR
WARD COUNCILLOR DPW
muolc 13 1a
SHADE TREE DAN GEARY
'LEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVI
WITHIN H WEEK. THANK YOU FOR YOUR ASSISTANCE.
ACTION:
Cott of igntem. fibssttr4usEtts
�l ra Public Propertg Department
m Nuilbing Department
(One t4siem (6reen
500-745.9595 Fxt. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building
Zoning Enforcement Officer
August 30, 1995
Thomas Powers Yvonne Cleason
c/o Robert Maquire Trust
P. O. BOX 1184
Saugus , Mass . 01906
RE: 5-7 West Avenue
Dear Mr. Maquire:
Thank you very much for your response to the letter
dated on July 12 , 1995 regarding the above mentioned
property. An inspection was conducted and found all
violations corrected.
This office will notify all the appropriate
departments and the Ward Councillor that this situation
has been brought to a satisfactory conclusion.
Sincerely,
e-/ 1 v-G-�a�( —
{�
Leo E. Tremblay
Inspector of Building
LET: scm
cc: David Shea
Larissa Brown
Councillor Gaudreaqult, Ward 5
Cfitg ofslem, ttssttrl�usptts
VuWir Vropertp Department
Nuithing Department
(9ne ##tem (6reen
308-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building July 12 , 1995
Zoning Enforcement Officer
Thomas Powers
c/o Robert Maquire Trust
P . O. Box 1184
Saugus , Mass . 01906_
RE : 5-7 West Avenue
Dear Mr . Maquire :
On June 21 , 1995 a` letter was sent to you with
violations concerning the above mentioned property. A
follow up inspection was' conducted and to this date the
violations have not been completed.
If this office does not see any progress within the
next fifteen ( 15 ) days , court action will be taken against
you .
Please give this office a call to update this matter
or to inform us of reasons why these violations have not
been corrected.
Thank you in advance for your anticipated cooperation
in this matter.
Sincerely,
Leo E . Tremblay
Inspector of Buildi gs
LET: scm
cc: Dave Shea
Larissa Brown
Councillor Gaudreault , Ward 5
Certified Mail # P 921 991 772
Cfitu of #alem, ,fttssac4usetts
Public Propertg Department
Nuilbing Department
(ane 6alem (5reen
500-745-9595 Ext. 300
Leo E. Tremblay
Director of Public Property
Inspector of Building June 21 , 1995
Zoning Enforcement Officer
Thomas Powers
c/o Robert Maquire Trust
P.O. Box 1184
Saugus, ?-lass. 01906
RE: 5-7 West Avenue
Dear Mr. . Maquire:
Due to a number of complaint received through the Neighborhood
Improvement Committee an inspection of the above mentioned property was
conducted and found the following violations:
1 . Soffitts at left hand side and rear of building must be repaired to
stop small animals from entering.
2. Rear stair risers must be closed.
3. Rear porch must be cleared of all debris.
4. Light fixture in front hall must have protection device.
5. Smoke detectors in halls must be re-connected.
6. All hand rails and ballasters must be repaired in stairwells.
7. Clean all trash and debris from stairwells.
8. Trash must be kept in containers having lids.
9. Fix thresholds at rear porch .
10. Cut weeds overgrowth at side and rear of building.
11. Chimnev at roof top must be re-pointed.
Please notify this department upon receipt of this letter as to your
course of action to rectify these violations . Failure to do so will result in
legal action being taken against you.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
Leo E. Tremblay
Inspector of Buildi
LET: scm
cc: David Shea
Larissa Brown
Councillor Gaudreault, Ward 5
Certified Mail # P 921 991 754
April 14, -1994
72 -. ,
C" _
Leo E. Tremblay
Inspector of Buildings
1 Salem Green
Salem, Ma. 01970
Dear Mr. Tremblay:
On Monday, April 11th, 1994 I telephoned you concerning
the following properties:
339 - 341 Lafayette St.
5-7 West Ave. ✓
20 West Ave.
24 West Ave.
As a resident of 35 West Ave. , I am very concerned
about the neglect of these properties and their impact on
the sorrounding neighborhood. These residences are not
single family dwellings. I am particularly concerned that
trash at these properties is not properly stored and disposed
off. This is a particularly serious problem at 339-341
Lafayette St. and 5-7 West Ave.
At 5-7 West Ave, and 24 West Ave. their side yards
have not been cleaned in a very long time. Rubbish bags
and the hood of a car have been in the side yard at 24 West
Ave. for at least two years. I am also concerned with the
parking lot in back of the group of stores that begins at
West Ave. This lot is in back of these stores and 5-7 West
Ave. It is always dirty. The businesses along Lafayette
Street need to be made accountable for the trash these stores
generate. I firmly believe that there are code violations
at these properties and Ism requesting that you as the City's
Building Inspector address these concerns. I have enclosed
my calling card and Watin
to me with you at your
request. (�
:`Wallace
35 West Ave.
Salem, Ma. 01070
cc: Virginia Moustakis
Health Dept.
9 North St.
Salem, Ma. 01970
�,
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M A t, METER 4 12 1 4
e
Robert M
P.O. B.
Wes eabod�'®Maw 0
0a, cz
(situ of *tt1Em, massar4usietts
5 <<a Public Propertg Department
Guilbing Department
(one dalem 18reen
508-745-9595 E9. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building November 14, 1994
Zoning Enforcement Officer
Thomas Powers
c/o Robert Maquire Trust
P.O. Box 221
West Peabody, Mass. 01960
RE: 5-7 West Avenue
Dear Mr. Powers:
Due to a complaint received through the Neighborhood Improvement
Committee hot line, I conducted an inspection of the above mentioned
property and the following violations were found:
1. Soffitts at left hand side of building must be repaired to stop
small animals from entering.
2. Fence must be removed or repaired.
3. Debris under rear porch of #5 must be cleaned.
4. Rear stair risers must be closed.
5. Rear porch must be cleared of all debris.
6. Missing window on second floor level porch.
7. Replace front door unit # 7.
8. Light fixture in front hall must have protection device.
9. No more than three unrelated people in one apartment.
10. This property is a legal 2 apartment unit at # 5 and a legal 2
apartment unit at ll 7. We have been informed of too many people
occupying this apartment.
Please notify this department upon receipt of this letter as to your
course of action to rectify these violations. Failure to do so will result
in legal action being taken against you.
Thank you in advance for your anticipated cooperation in this matter.
Sincerely,
�l
Leo E. Tremblay
Inspector of Bu gs
LET: sum
cc: Dave Shea
Councillor Gaudreault, Ward 5
Matthew Magm
P.O. BOR 1184
Saugus, Mass. 01906
Certified Mail # P 921 991 635
of '�$ttXem, srixse##
Tdtdricttl �e�trlrtmellt
k4tt J(SittrN
Wire 3noperinr
44 'Xmfagette At.
Valens, �Jfiass. 91970
[SALEM
AN 23 '19d!) Area 41obt 617 745-6300
PLANNING DEPT. I
January 21 , 1985
Mr. Thomas A. Powers
A. W. Duncan
K. J . Pelraglia .
5 - 7 West Avenue
Salem, Massachusetts 01970
rRe. 5 - 7 West Avenue
Dear Sir:
A complaint from Deputy Chief Carl DeOrio of the Salem Fire Depart-
ment was t..ssued to Wire Inspector John J . Giardi .
The nature of the complaint. is :
Accessible live wires , thus creating a hazardous situation .
Please call immediately 745-6300, the City of Salem Electrical De-
partment to set an appointment with the Wiring Inspector to correct the
said violations . Failure to do so may result in loss of electrical ser-
vice to 5 - 7 West Avenue in Salem, Massachusetts .
Yours truly,
* �;_ , ,V_4,a�
John J . Giardi
Wire Inspector
cc : Deputy Chief Carl DeOrio
William Munroe , City of Salem Planning Department
JJG/m
i
4
Mr. John Munroe
Code Enforcement Officer
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�t4ktc �� �(jire `'�' epazfinenf �`rleaitgnarters
omt.
48 TL'iafagettebtrett Fire Prev, Bureau
Robert.W. Turner (508) 745-7777
Chief of v a 0197D
Kristin Harnois
Tracy St. Clair
Debbie Little
Sen ,, Wvy
Name mag �i,gbr Re: Illegal Storage of rubbish.
Treacy Fairweather
Address S west Avenue Ant. #2 (2nd fl. )
City/Town Salem MA 01970
As the result of an inspection of the premesis, structure, open land area,
or vehicle owned, occupied, or otherwise under your control , the fol-
lowing recommendations are made and shall serve as a notice of a violation
of the laws, ordinances, or regulations pertaining to the prevention of
fire and the protection of life and property.
Conditions found in this dwelling(rooming house) on November 1, 1993:
1- Large accumulation of rubbish in the stairwells. Violation of the
Mass. Gen. Laws, Chap. 148, Section 5 (copy enclosed) .
Salem Fire Prevention Code, Article 38, section F-3801.0 (copy en-
closed) .
2- This dwelling is being used as a rooming house. This condition will
be reported to the building inspector.
The following is hereby immediately ordered:
1- The immediate'_removal of all and any rubbish from the interior of
this dwelling, that is, the front and rear stairwells and the porches
as well.
2- The immmediate removal of any and all articles which will cause an
obstruction to a proper egress. The exit path must remain clear at
all times.
This notice of violation is being sent to ALL tenants of this dwelling
and to Kevin French of Tri-Town Management.
THE RUBBISH WILL BE STORED OUTSIDE AND AWAY FROM THE BUILDING. THE EXACT
AREA WILL BE APPROVED BY THIS OFFICE.
T / — T-OU)/jN7w Signed,
alem Fire PreventionBu�_
Inspector Norman P. LaPointe
Date: November 2 1993
(9
Form #25A (10/84)
x of ia&ra, �zs �zac u lr t
Fire Pepart=nt Xembquarters
48 Tu fqefie 51red Fire Prev, Bureau
Robert.W. Turner CAL 01970 (508) 745-7777
Acting Chiefvale m+
Name The Green Family Re: Illegal storage of rubbish.
Address 5 West Avenue
City/Town Salem, MA 01970
As the result of an inspection of the premesis, structure, open land area,
or vehicle owned, occupied, or otherwise under your control , the fol-
lowing recommendations are made and shall serve as a notice of a violation
of the laws, ordinances, or regulations pertaining to the prevention of
fire and the protection of life and property.
Conditions found in this dwelling(rooming house) on November 1, 1993:
1- Large accumulation of rubbish in the stairwells. Violation of the
Mass. Gen. Laws, Chap. 148, Section 5 (copy enclosed) .
Salem Fire Prevention Code, Article 38, section F-3801.0 (copy en-
closed) .
2- This dwelling is being used as a rooming house. This condition will
be reported to the building inspector.
The following is hereby immediately ordered:
1- The immediate='removal of all and any rubbish from the interior of
this dwelling, that is, the front and rear stairwells and the porches
as well.
2- The immmediate removal of any and all articles which will cause an
obstruction to a proper egress. The exit path must remain clear at
all times.
This notice of violation is being sent to ALL tenants of this dwelling
and to Kevin French of Tri-Town Management.
THE RUBBISH WILL BE STORED OUTSIDE AND AWAY FROM THE BUILDING. THE EXACT
AREA WILL BE APPROVED BY THIS OFFICE.
Signed,
1f ;
a em Fire Preven ion Bureau
Inspector Norman P. LaPointe
Date: November 2 1993
Form #25A (10/84)
x (IT of �salent, ssttclr�zs>r##
44�COrtLE Department Prabquarters
Robert.W. Turner 48 Ttufgdk Street Fire Prev, Bureau
Acting G7ief oin6ra, 4{tt. 11197D (508) 745-7777
G. Mazzaglia
J. Misner
Name N. Maddox Re: Illegal storage of rubbish.
Address 7 west Avenue-Apt. #1 (st. fl. )
City/Town Salem, MA 01970
As the result of an inspection of the premesis, structure, open land area,
or vehicle owned, occupied, or otherwise under your control , the fol-
lowing recommendations are made and shall serve as a notice of a violation
of the laws, ordinances, or regulations pertaining to the prevention of
fire and the protection of life and property.
Conditions found in this dwelling(reoming house) on November 1, 1993:
1- Large accumulation of rubbish in the stairwells. Violation of the
Mass. Gen. Laws, Chap. 148, Section 5 (copy enclosed) .
Salem Fire Prevention Code, Article 38, section F-3801.0 (copy en-
closed) .
2- This dwelling is being used as a rooming house. This condition will
be reported to the building inspector.
The following is hereby immediately ordered:
1- The immediate_iemoval of all and any rubbish from the interior of
this dwelling, that is, the front and rear stairwells and the porches
as well. .
2- The immmediate removal of any and all articles which will cause an
obstruction to a proper egress. The exit path must remain clear at
all times.
This notice of violation is being sent to ALL tenants of this dwelling
and to Kevin French of Tii-Town Management.
THE RUBBISH WILL BE STORED OUTSIDE AND AWAY FROM THE BUILDING. THE EXACT
AREA WILL BE APPROVED BY THIS OFFICE.
Signed,
alem Fire Prevention Bureau
Inspector Notman P. LaPointe
Date: November 2 . 1993
Form #25A (10/84)
Cit# of "ia1Em, Itttt�h�tse##s
Aire Departmerd Xeaa9uarterz
Robert.W. Turner 48 ?tdgrtte �$ireet Fire Prev, Bureau
Acting Chief �ttlem, Ma. 01970 (508) 745-7777
Michael Chaisson
Paul Chaisson
Aaron Volkringer
David Johnson
Name Michael Jackson Re: Illegal storage of rubbish.
Christopher Accardi
Address 7 West Avenue-Apt. #2 (2nd fl. )
City/Town Salem, MA 01970
As the result of an inspection of the premesis, structure, open land area,
or vehicle owned, occupied, or otherwise under your control , the fol-
lowing recommendations are made and shall serve as a notice of a violation
of the laws, ordinances, or regulations pertaining to the prevention of
fire and the protection of life and property.
Conditions found in this dwelling (rooming house) on November 1, 1993:
1- Large accumulation of rubbish in the stairwells . Violation of the
Mass. Gen. Laws, Chap. 148, Section 5 (copy enclosed) .
Salem Fire Prevention Code, Article 38, section F-3801. 0 (copy en-
closed) .
2- This dwelling is being used as a rooming house. This condition will
be reported to the building inspector.
The following is hereby immediately ordered:
1- The immediatelremoval of all and any rubbish from the interior of
this dwelling, that is , the front and rear stairwells and the porches
as well.
2- The immmediate removal of any and all articles which will cause an
obstruction to a proper egress. The exit path must remain clear at
all times .
This notice of violation is being sent to ALL tenants of this dwelling
and to Kevin French of Tii-Town Management.
THE RUBBISH WILL BE STORED OUTSIDE AND AWAY FROM THE BUILDING. THE EXACT
AREA WILL BE APPROVED BY THIS OFFICE.
Signed,
Salem/F�re Pre
venton Bureau
Inspector Norman P. LaPointe
Date: November 2 , 1993
Form #25A (10/84)
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THIS PLAN HAS BEEN REDUCED FOR CORRECT ti
SCALING SEE ORIGINAL ON FILE
"P404 W,
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CITY OF SALEM BOARD OF HEALTH
--- Salem Massachusetts 01970-3928- -- -
JOANNE SCOTT,MPH,RS,CHO - NINE NORTH STREET
HEALTH AGENT Tel:(508)741-1800
Fax:(508)740-9705
January 23, 1996
Essex Management Group
P.O. Box 2098
50 Washington Street
Haverhill, Ma. 01831
Dear Sir/Madam :
In accordance with Chapter III,Sections 127A and 1276 of the Massachusetts General Laws, 105 CMR 400.00;
State Sanitary Code, Chapter I:General Administrative Procedures and 105'CMR 410.00: State Sanitary Code,
Chapter If: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property
located at 5 West Avenue 1-L occupied by Matthew Doyle conducted by Jose L. Diaz, Inspector on
Thursday,January 18, 1-9-46 at 11:00 A.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 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,nodif ied o.-withdrawn. You maybe 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.
Pan
heBoardo�lth : Reply to:
ne Scott Jose L.Diaz
Health Agent Inspector
cc:Tenant, &Building Inspector
Certified Mail# P 316 592 071
JS/sjk
owh vWel
rage r of
<< SALEM HEALTH DEPARTMENT
9 North Street
y� Salem. MA 01970
State San" Code,Chapter II: 105 CMR 410.000
Minimum Standards of Fitness for Human,Habitation
Occupant: / �Pi1�J ��1J7/�2 Phone: -- --
Address: Ci �We-)P . Apt. -
Owner. Z�rSe L //r�i //r�rh arD. Address: Sd A,�
01�7� C,�i'/iJPr�/lOh1G�. Dl83/
Inspection Date: Time: A HI,
Conducted By: xSSP Cjinr �J�! UG��r7 Accompanied By: 7Z
Anticipated Reinspection Date:
Specified Reg# .. : Violation,
Time 410. . . .
d
P
S � s 3Q� CJ/J ci s
s4, d P
o
One or more of the above violations may endanger or materially impair
the health, safety and well-being or the occupants(s).
Code Enforcement Inspector
Este es un documento legal imporlanle. Puede que afecle sus derechos.
Puede adquidruna traduccion de esta forma.
Paye o< of
t/r SALEM HEALTH DEPARTMENT
1 � 9
Salemem..N1A SA 0 " Gale:
01970.
1e4��
Name: ///� P-��� d�Jt'- - --Address: _r a��P✓�",�
Specified Reg # Viotation
Time - --410.__:--- ----- ----
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' APPENDIX II(14)
-- Legal Remedies for Tenants of - -- -- - - ---
Residential Housing
e of
The Collowing Is a brleCsarnmary oC some-of the legalcemedles tenants may ose In order tget hous(ng code violations
corrected:
1..Rent w hholdiag(Massachusetts General Laws,Chapter 239,section 8A): If Code Violations Are Not Being Corrected you
may be entitled to hold back your rent payments.You can do this without being evicted if-
A.
fA. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger
or materially impair your health or safety and that your landlord Mew about the violations before you were behind in
your rent
B. You did not cause the violations and they can be repaired while you continue to live in the building.
C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it(For this,it is best to put the
rent money aside in a safe place.)
2. Repair and Deduct(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows you to use your rent
money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which
endanger or materially impair your health,safety,or well-being,and your landlord has received written notice of the violations,
you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have them
made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rest in any
year to make the repairs.
3. Retaliatory Rent Increases or Evictions Prohibited(Massachusetts General Laws,Chapter 186, section 18,and Chapter 239,
section 2A):The owner may not increase your rent or evict you in retaliation for making a complaint to your local code
enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made
the complaint,heorshe.will:have.to-show.a good reason for the increase or eviction which is unrelated to your complaint. You
may be able to sue the landlord for damages of he or she tries this.
4. Rent Receivership(Massachusetts General Laws,Chapter 11,section 127 C-H):The occupants and/or the Board of Health may
petition the District or Superior Court to allow rent to be paid into court rather than to the owner.The court may then appoint a
"receiver" who may spend as much of the rent money as is needed to correct the violation.The receiver is not subject to a
spending limitation of four months'rent
5. Breach of Warranty of Habitability:You may be entitled to sue your landlord to have all or some of your rent returned if your
dwelling unit does not meet minimum standards of habitability.
6. 1 1nf it and DeceDfive Practices(Massachusetts General Laws,Chapter 93A): Renting an apartment with code violations is a
violation of the consumer protection act and regulations, for which you may sue an owner.
The information presented above Is only a summary of the law.Before you decide to withhold your rent or take any other
legal action,it is advisable that you consult an attorney. If you cannot afford to consult an attorney,you should contact the
nearest legal services office, which is:
Neighborhood Legal Services
37 Friend St.
Lynn, MA 01902
(617) 599-7730
SALEM HEALTH DEPARTMENT
9 North Street
Salem,MA 01970
State Sanitary Code, Chapter II: 105 CMR 410.000
_ Minimum Standards of Fitness for-Human Habitation .
Occupant: A4INre. Phone:
Address. 4J,S f f7Ye — Apt. 14 Floor 2
IV" Owner. eSSe-X /yYVg-gcMcn l- l roVo Address: �og ao 4 f4
0/831
Inspection Date: a/7/96 _ Time /o;00 '1w
Conducted By: _IWeh- Te�iu.�ti Accompanied By:
Anticipated Reinspection Date:
Specified Reg # Violation
time 410. . . .
r A
.O N w.✓ $ C ,7'Cc�( Z11GLCo c
S.xL r✓ C i C✓ T O G1✓/ O.tloO
ay AC- C r C a 4- 5�1� e e✓�:S e fc< Se J NI u " T
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Go !GS �v.f(IXf „ JSLIT t'G.fN
�G^LJLi cf
f G.ti c�✓..T
One or more of the above violations may endanger or materially impair
the health, safety and well-being or the occupants(s)
Code Enforcement Inspector
Este es un documento legal importante. Puede que afecte sus derechos.
Puede adquiriruna traduccion de esta forma.
1p b
" Titg Of %tem, massac4usetts
Public Prnpertg Department
Guilbing 19epartment
(One lfnlem (6rrrn
508-745-9595 f3d. 380
Leo E. Tremblay
Director of Public Property
Inspector of Building November 14, 1994
Zoning Enforcement Officer
Thomas Powers
c/o Robert Maquire Trust
P.O. Box 221
West Peabody, Mass. 01960
RE: 5-7 West Avenue---a
Dear Mr. Powers:
Due to a complaint received through the Neighborhood Improvement
Committee hot line, I conducted an inspection of the above mentioned
property and the following violations were found:
1. Soffitts at left hand side of building must be repaired to stop
small animals from entering.
2. Fence must be removed or repaired.
3. Debris under rear porch of $5 must be cleaned.
4. Rear stair risers must be closed.
5. Rear porch must be cleared of all debris.
6. Missing window on second floor level porch.
7. Replace front door unit # 7.
8. Light fixture in front hall must have protection device.
9. No more than three unrelated people in one apartment.
10. This property is a legal 2 apartment unit at 11 5 and a legal 2
apartment unit at # 7. We have been informed of too many people
occupying this apartment.
Please notify this department upon receipt of this letter as to your
course of action to rectify these violations. Failure to do so will result
in legal action being taken against you.
Thank you in advance for your anticipated cooperation in this matter.
Sincere y,
Leo E. Tremblay ,
Inspector of Bu gs
LET: sum
cc: Dave Shea
Councillor Gaudreault, Ward 5
Matthew Magm ..
P.O. BOX 1184
Saugus, Mass. 01906
Certified Mail # P 921 991 635
i
' ARTICLE
C9- 64
_ P 921 991 635
UNE I- NUMBER
Thotm4owers
910 Robert Baquire Trust
P.O.Bgx 221
Wast Peabody, Mass. 0;960
vi
t FOLD AT PERFORATION t ;: WAri
INSERT IN STANDARD#10 WINDOW ENVELOPE. CERTIFIED n
MAILERW CIILJIII