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5-7 WEST AVENUE - BUILDING INSPECTION s-7 ndaf®o aEsse®to 74520 40% P4 CITY OF SALEM k . 1 BUILDING DEPARTMENT. 'M CITY HALL ANNEX R 927 99] 63S s Nov ONE SALEM GREEN SALEM, MASSACHUSETTS 0�9 i g"6 , . ETER 41215a c� ro 2 S, �0 / S of r PF sc ( " f !/ s�sry�..'4�Ths�as Pot r i �g d °/rEnf[k O��obert quire Trust��[ Wye t Pe dy Mass. 01960 { <i„p Jy t SENDER: t t Complete items t and/or 2 for additional se.vlces. I also wish to receive the i 'complete nems a and 46 a b following services(for an extra fee): A ' .Print your nam®and address on the reverse of this form so that we can return this card to yew. 1. ❑ Addressee's Address t, �t Attach Pars farm 1.ei the fret or itro the m ee, c b the beck tf space bees not p>rrt4t. _ • Write"Return Receipt Requested" a the the apes below the article number. 2. ❑ Restricted Delivery { The Return Receipt Fee will provide you the signatum of the person delivered to and the _Q19 of beliver Consult postmaster for fee. 3.Article Addressed to; j I , 4a.Article Number I LINE P 921 991 655 { '� I Thomas It'away"J4b.Service Type �— o CA) e0tert a"3'aquire; 1.'i oat n CERTIFIED o 0338- 01960 7.Date of Delivery ! n M 5.Signature—(Addressee) 8.Addressee's Address m { (ONLY if requested and fee paid..) 6,Signature—(Agent) 1 I PS Form 3$11,November 1990 DOMESTIC RETURN RECEIPT I I p I 01) '-h Titij of I*ttlem, massarllusttto � fro Public Prnpertq Me}tnrtment Guilbing IDeysrtment (ane Balem (6reen 500-745-9595 FA. 300 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 �,- -,� ` ; ; � h (� > # q J— 4�� � :r - ,� _�- e� t. // /' \\\\\ _ � a CITY OF SALEM �y. F S';Zf BUILDING DEPARTMENT �, F ----- -- CITY HALL ANNEX a I a ONE SALEM GREEN \a zz ddw a ' ' "" :i�"`� SALEM, MASSACHUSETTS 41974 iE'C;u _ , 6 �TMPTED NOT Kiva THomas Powers/ SYN c/o Robert Maquire T P.O. Box 221 Peabody, Mass. }1 1 CITY OF SALEM, MASSACHUSETTS r BOARD OF APPEAL left He as ~ �? 120 WASHINGTON STREET*SALEM,MASSACHUSETTS 41970 1978-745-9595 * FAX:978-740-9846 i :L� ;= IUhmERu FU: CITY ; _ 5 MAYOR Risco : M 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\ /\ ��- S� �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 � vU p ,a �'a P Oi✓ N 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 ppp Inspection Date: 7— aZ q� _ Time 001 �/ � 7�ivAvf AwG Conducted By: bl eu.5 rd(ll,5 Accompanied By: Anticipated Reinspection Date: Specified Reg # Violation Time 410. . . . wj i / A. 0 3. N SZ70 D oZa— K1111Q1hr1V .IYA41V P O 3 - .5`00 v) Ar �m,917LIL- O� 01 Pz 1/ o 6 . c l O/�/i /'r- '1 - 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 I INSERT IN STANDARD#10 WINDOW ENVELOPE. , E I R T I F E D M A I L E RW ,� PDSTAGE - �r 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=. y 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= Q !, Wo x aw J S PS FORM 3800 z f„I RECEIPT FOR CERTIFIERIM 11- 0 "2,_--.----_ IosTN.:EIMOE � UN Maw: _��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 �, � . �,�� h`'i 1. \, ...� I 1 ....._ �' ....� f1j)]Pl � ... . 1 .rt..� � ....�. I � f _ ✓��/ / ///���' J N ,/� /� gid:a E P .G,.�5�3 i' 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 \ J� �� � � � �� ���� �� ` �� ��� U�„" LI Yo� Z -Al ----------- A-14, -2J /oz -------------- J7.D �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) fit TI� � �..i, �S - ' y ♦ � Y i 6y J}i��?h{ r'q"i► r--'-- :.,�Sco/4`�11n.=Y`o77. �O x�.�'r7 '�:• J A :r.:i', a t �t�+' 'IS 7 Vti mq' tib . ! 9A v "6i6 h ` F �C`t "' � • r �; I 'LOTB �� i I � } ,a:� �'¢0:YJS.F, � •• FS. . '� ' ' a ���1)�y'a ��� aly6d # F G 0 t j C 12T 10, gLs tx. iJ.ubv .'1 F ♦4e �:� � x1'�.n. 9/• rt.J �., y yv r i. �'. 1� � •' ,1+ � � iG }� �s 1:'�. Jar. �: � t•� .°� . "� " t � � ,� i u, h 4•' ' tit, ` .. �C e ! .. gyp . Ea ti a (� i'^0� c u✓ �� t ,�x� � ` '«� �.�•� a � (t°� � ��f jam./t''` ;; � + "�.; x r rs V x, ey P Yd' a ya _s:o¢� 1 I i t, �4F'^xACxe'hx4raN`3n 4 nd�! p u iI x, 4x,�'S rip ",' t '�'Jt i ° ••e .� �� � ���s s + F. � �'`�., aft �,x;� � 'l€ ,�� sin .� r N, ;; ';4' " 4•i$ t. i r pt c 41 7+h esax li J'iI W t 'JF RE GJ&T!Af VW)!5 �sw NA I �, 'IO/jA/ 00/7^!/ JfD7L•1U : lY!' /rG+f4•�s(���!X!�(.�i Twv'" q 1 t' �', x, "P�xr w ilQeB �t33F /tP9 RtefosNo l�iLt?G?� x�`� a' `��" ' 67 w4h,Tt� I �ffwr: aggsr dfOe#43 "I} THIS PLAN HAS BEEN REDUCED FOR CORRECT ti SCALING SEE ORIGINAL ON FILE "P404 W, FdJ Y H R 3 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.__:--- ----- ---- C' P tJ re 6 c} s s e . sd 7ys , `r r42 slf 7 c ' 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 �/ 00 GJGt �$ Gini„ S raoF t 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