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8 WISTERIA STREET - BUILDING INSPECTION j au UPC 10333 s No. 153L-3 HASTINGS. MN J55�"a Pile � z Pch6 er ,BOJ 'I i• CITY OF SALEM9 MASSACHUSETTS Ip T ,I PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. U90VICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 II + ` March 21, 2005 I I Valdemira Pedrozd 8 Wisteria Street Salem, Ma. 01970 RE: 8 Wisteria Street Dear Owner: This Department has received a complaint regarding the creation of a third unit at your property. Per Massachusetts State Building Code 780 CMR, Section 115, a required inspection has been scheduled for 11:00 a.m. on Wednesday, March 23rd. Please have all rooms available for inspection. I If you have any questions, please contact me directly. Sinc .ly, Thomas St. Pierre Zoning Enforcement Officer cc: Kate Sullivan, Mayors Fire Prevention Councillor Matt Veno I SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse XLIA ver eL?10 ❑Addressee so that we can return the card to you. B. Received by(Pamted Name) C. ate of Delivery 1111 Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 17 11 Yes 1. Arti�ll Addressed to: If YES,enter delivery address below: ❑ No 61 �/�� 3. Service Type 1 ❑Certifetl Mail ❑ Express Mail ❑Registered ❑ Return Receipt for Merchandise ❑Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (I?ansfer from sery/ce labe9 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SER _�� NFvst Class MaA.�: 21, MAR x x' SrN4 G-�s— • Sender: Please prinfyour name, address, and ZIP+4 in this box S o-�1 ev�� �I 'D--eP � — 46 W'S�6�1S()� alee-/- l r C- Cs� Ci IlLunilNiLJiullliIIII III dIlItIl,LiII�LIi�IJu��lrll (DomesticU.S. Postal Service CERTIFIED MAIL RECEIPT, ru 0 N E C PostageCO Certified Feed ' Postmark Retum Receipt ee " Here (Endorsement Req O Restricted Delivery Fee �A�MuU `� !J O (Endorsement Requ red) r3 Total Postage 8 F\ O Mam I Print Ckarly) m et¢d by mailer)'- $ O.' of O. � kt ------------------------ p- . ....... ..... a , `` -4qc Certified Mail Provides: ■ A mailing receipt - s A unique identifier for your mailpiece ■ A signature upon delivery III A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ■ Certified Mail is not available for any class of international mail. - ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return. Receipt(PS Form 3811),to the article and add applicable postage to cover the fee.Endorse mailpiece 'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt Is required. - u For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery-. ■ If a postmark on the Certified Mail receipt is desired,please present the artl cle at the post office for postmarking. If a postmark on the,Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,July 1999(Reverse) 102595-99-M-2087 CITY OF SALEMt MASSACHUSETTS µ PUBLIC PROPERTY DEPARTMENT ✓' 120 WASHINGTON STREET, 3RD FLOOR /MINK SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 COPY October 3, 2003 Erin M. Reczek Assistant District Attorney Salem District Court 65 Washington Street Salem, Ma. 01970 RE: City of Salem On Mark Caron Docket#0136CR31 13 Ms. Reczek: Thank you for your letter The City Solicitor, John Keenan, is preparing documents to request Mr. Caron's property be placed in receivership. Mr. Caron's Attorney is Kenneth B. Shultzer of Lynn. Mr. Shutzer has agreed to act as Attorney for receivership. I will ask Solicitor Keenan to file his petition hopefully before the October 171h date. Thank you for your attention in this matter. Please contact me if further information is required. Sincerely. Thomas St. Pierre Acting Building Commissioner cc: John Keenan Mic6a1s11.6i�oy 115 Euclid Avenue-Lynn,Wasseachuseft 01900.-USA Phone 781595-2452 September 26, 2003 Mr. Mark Caron 8 Wisteria Street Salem, MA 01970 Re: Property located at 8 Wisteria Street, Salem Dear Sir: As you probably know, real estate values are at an all time high. Public records indicate that you have an interest in the real estate located at the above address. I am interested in purchasing said property if it is for sale now, or becomes for sale at a later date. Most houses in the area were built sometime in the early twentieth century. Consequently, because of physical or functional obsolescence, there is a need for updating. My company specializes in purchasing these properties rehabilitating and recycling them. We are presently in need of property that requires some degree of updating and are ready to pay top dollar for your property. With the recent reduction in the capital gain tax, now might be the perfect time for you to sell the above noted property. Because there will be no contingency for financing we will be able to pass papers at your convenience. In some instances we may be able to trade your property for one of our newly rehabilitated properties. I can be reached at 781 595-2452 . Please contact me as soon as possible regarding this matter. Sincerely, Michael J. Gilroy tA Y K kYr,f. Fl M if" ... 'die `��Y_ s ♦c Y. ,J �:.; aY ... a J.. .& ''�1.., ..r .. ,. .� : Citp of 6aiem, Aaz'ewbuzeto ` 3publit 3propertp Mepartment �q �uilbing Mepartment ®ne$*alem &Teen (978) 7459595 (Ext. 3S0 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer AUGUST 3,2001 MARK CARON 8 WISTERIA STREET SALEM,MA 01970 RE: 8 WISTERIA STREET DEAR MR.CARON, THIS DEPARTMENT HAS RECEIVED NUMEROUS COMPLAINTS ABOUT THE EXTERIOR OF YOUR PROPERTY. 1: THE LAWN AND TREES ARE OVER GROWN. THIS IS CREATING BOTH HEALTH AND FIRE HAZARDS. 2: THE UNREGISTERED CAR IN THE DRIVEWAY. THIS VEHICLE MUST BE REMOVED OR REGISTERED AND INSPECTED WITH FIFTEEN(15)DAYS ACCORDING TO THE CITY OF SALEM ORDINANCE 24-21. 3: THE SIDE PORCH HAS COMPLETELY FAILED. THIS MUST BE REPLACED IMMEDIATELY ACCORDING TO THE MASSACHUSETTS STATE BUILDING CODE 780 CMR SECTIONS 103.1 AND 103.2 SECTION 10 10.1 — 1010.2. 4: THE EXTERIOR DOWNSPOUTS,GUTTERS AND FASCIA ALSO HAVE TO BE KEPT IN GOOD REPAIR,REFERENCING STATE BUILDING CODE 780 CMR 103.1. THEREFORE,YOU ARE DIRECTED TO CONTACT THIS OFFICE WITHIN FIFTEEN(15)DAYS UPON RECEIPT OF THIS LETTER TO DISCUSS THIS MATTER. FAILURE TO COMPLY WILL RESULT IN A COMPLAINT BEING FILED IN THE DISTRICT COURT AND MUNICIPAL CODE TICKETS BEING ISSUED. THANK YOU FOR YOUR ANTICIPATED COOPERATION IN THIS MATTER. SINCERELY, TOM ST.PIERRE LOCAL BUILDING INSPECTOR CC: MAYORS OFFICE COUNCILLOR DRISCOLL JEFF V AUGHN,HEALTH DEPARTMENT f CRIMINAL COMPLAINT 0136CR003113 Trial Court of Massachusetts DEFENDANT Salem District CourtIII,M CARON, MARK �Y 8 WISTERIA STREET SALEM, MA 01970 TO ANY JUSTICE OR CLERK-MAGISTRATE OF THE SALEM DISTRICT COURT DATE OF BIRTH SEX RACE HEIGHT WEIGHT EYES HAIR 11/05/1957 M W 0100" 000 XXX XXX The undersigned complainant, on behalf of the INCIDENT REPORT# SOCIAL SECURITY# Commonwealth,on oath complains that on the date and at the location stated herein the defendant did commit the offense(s)listed below. DATE OF OFFENSE PLACE OF OFFENSE 09/26/2001 SALEM COMPLAINANT POLICE DEPARTMENT ST PIERRE, THOMAS J SALEM.BUILDING DEPT. SALE[Q BUILDING DEPT. 'S COPY DATE OF COMPLAINT RETURN DATE AND TIME 10/30/2001 11/20/2001 9:00 AM COUNT-OFFENSE 1. 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL on DIVERSE DATES did NOT REGISTER OR HAVE INSPECTED VEHICLE IN THE DRIVEWAY, in violation of ORDINANCE 24-21 of the City or Town of SALEM. COUNT-OFFENSE 2. 777777 MISCELLANEOUS CODE OF MASS REGS VIOLATN on DIVERSE DATES did NOT REPLACE SIDE PORCH AND REPAIR EXTERIOR DOWNSPOUTS, GUTTERS AND FASCIA, in violation of CODE 780 Code Mass. Regs. §SECTION 103.1 -103.2 -1010.1 -1010.2. COUNT-OFFENSE COUNT-OFFENSE COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE ON(DATE) TOTAL COUNTS X X 2 FIRSTJUSTICE COURT Salem District Court Hon. SAMUEL E ZOLL ADDRESS 65 Washington Street A TRUE CLERK-MAGISTRATE/ASST.CLERK ON(DATE) Salem, MA 01970 COPY ATTEST:X Citp of Salem, fiflag.5atbugett.5 VON Propertp Department �q �hilbing Department One iWlem Oreen (97S) 7459595 (Ext. 3S0 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer AUGUST 3,2001 MARK CARON 8 WISTERIA STREET SALEM,MA 01970 RE: 8 WISTERIA STREET DEAR MR. CARON, THIS DEPARTMENT HAS RECEIVED NUMEROUS COMPLAINTS ABOUT THE EXTERIOR OF YOUR PROPERTY. 1: THE LAWN AND TREES ARE OVER GROWN. THIS IS CREATING BOTH HEALTH AND FIRE HAZARDS. 2: THE UNREGISTERED CAR IN THE DRIVEWAY. THIS VEHICLE MUST BE REMOVED OR REGISTERED AND INSPECTED WITH FIFTEEN(15)DAYS ACCORDING TO THE CITY OF SALEM ORDINANCE 24-21. 3: THE SIDE PORCH HAS COMPLETELY FAILED. THIS MUST BE REPLACED IMMEDIATELY ACCORDING TO THE MASSACHUSETTS STATE BUILDING CODE 780 CMR SECTIONS 103.1 AND 103.2 SECTION 1010.1 — 1010.2. 4: THE EXTERIOR DOWNSPOUTS,GUTTERS AND FASCIA ALSO HAVE TO BE KEPT IN GOOD REPAIR,REFERENCING STATE BUILDING CODE 780 CMR 103.1. THEREFORE,YOU ARE DIRECTED TO CONTACT THIS OFFICE WITHIN FIFTEEN(15)DAYS UPON RECEIPT OF THIS LETTER TO DISCUSS THIS MATTER. FAILURE TO COMPLY WILL RESULT IN A COMPLAINT BEING FILED IN THE DISTRICT COURT AND MUNICIPAL CODE TICKETS BEING ISSUED. THANK YOU FOR YOUR ANTICIPATED COOPERATION IN THIS MATTER. SINCERELY, TOM ST.PIERRE LOCAL BUILDING INSPECTOR CC: MAYORS OFFICE COUNCILLOR DRISCOLL JEFF VAUGHN,HEALTH DEPARTMENT UP of 6aiem, Aaaarbuatto ' Publit Propertp Mepartment 3guilbing Mepartment One balem green (978)745-9595 (Ixt. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer AUGUST 3,2001 MARK CARON 8 WISTERIA STREET SALEM,MA 01970 RE: 8 WISTERIA STREET DEAR MR.CARON, THIS DEPARTMENT HAS RECEIVED NUMEROUS COMPLAINTS ABOUT THE EXTERIOR OF YOUR PROPERTY. 1: THE LAWN AND TREES ARE OVER GROWN. THIS IS CREATING BOTH HEALTH AND FIRE HAZARDS. 2: THE UNREGISTERED CAR IN THE DRIVEWAY. THIS VEHICLE MUST BE REMOVED OR REGISTERED AND INSPECTED WITH FIFTEEN(15)DAYS ACCORDING TO THE CITY OF SALEM ORDINANCE 24-21. 3: THE SIDE PORCH HAS COMPLETELY FAILED. THIS MUST BE REPLACED IMMEDIATELY ACCORDING TO THE MASSACHUSETTS STATE BUILDING CODE 780 CMR SECTIONS 103.1 AND 103.2 SECTION 1010.1 - 1010.2. 4: THE EXTERIOR DOWNSPOUTS,GUTTERS AND FASCIA ALSO HAVE TO BE KEPT IN GOOD REPAIR,REFERENCING STATE BUILDING CODE 780 CMR 103.1. THEREFORE,YOU ARE DIRECTED TO CONTACT THIS OFFICE WITHIN FIFTEEN(15)DAYS UPON RECEIPT OF THIS LETTER TO DISCUSS THIS MATTER. FAILURE TO COMPLY WILL RESULT IN A COMPLAINT BEING FILED IN THE DISTRICT COURT AND MUNICIPAL CODE TICKETS BEING ISSUED. THANK YOU FOR YOUR ANTICIPATED COOPERATION IN THIS MATTER. SINCERELY, TOM ST.PIERRE LOCAL BUILDING INSPECTOR CC: MAYORS OFFICE COUNCILLOR DRISCOLL JEFF VAUGHN,HEALTH DEPARTMENT COMMONWEALTH OF MASSACHUSETTS ESSEX, ss . Salem District Court Docket No. 0136CR3113 Docket No. 0136CV CITY OF SALEM BOARD OF HEALTH, Plaintiff VS . MOTION FOR SHORT ORDER OF NOTICE MARK CARON, Defendant AND OTHER RELIEF Now comes the plaintiff, CITY OF SALEM BOARD OF HEALTH, and hereby moves this Honorable Court, as follows : I . That this Court forthwith order that the defendant, MARK CARON, to provide to the plaintiff, within three (3) days hereof, a written list of all mortgagees and lienors of record regarding the properties at 8 Wisteria Street , Salem, Massachusetts, pursuant to Mass. Gen. L- c. 111, sec . 1271 , so that the plaintiff may give to such mortgagees and lienors the notice of these proceedings mandated by the statute . II . That this Court forthwith issue a Short Order of Notice requiring the defendant , MARK CARON, to appear before the Court at a time not more than fourteen (14) days after the issuance of said Order of Notice, to file his answer to the plaintiff' s Verified Complaint for Appointment of Receiver and Other Relief, including, if not previously filed, the names and addresses of all, mortgagees and lienors of record, and to otherwise submit to a hearing on this complaint , all as pursuant to Mass . Geri . L. c . 111 , secs . 127D & I , as amended. t; III. That, at said hearing, this Court appoint a receiver, pursuant to Mass . Gen. L. c . 11.1, secs. 127F & I to take immediate possession and charge of the defendant ' s property at 8 Wisteria Street, Salem, Massachusetts, for the purpose of remediating the unsanitary and unlawful conditions on the said properties, and on the abutting properties, as previously described herein. In support hereof please see the plaintiff' s Verified Petition for Appointment of Receiver and Other Relief . Respectfully submitted, CITY OF SALEM BOARD OF HEALTH, By Its Attorney, ti JohniD. eenan, Esq. Cityl'Solicitor BBO #561.573 222 Essex Street Salemassachusetts 01970 Telepha e: 978 . 741 .4453 2 r ' COMMONWEALTH OF MASSACHUSETTS ESSEX, ss . Salem District Court Docket No . 0136CR3113 Docket No . 0136CV CITY OF SALEM BOARD OF HEALTH, Plaintiff vs . PLAINTIFF' S MEMORANDUM OF LAW MARK CARON, Defendant Introduction This is an action by the City of Salem Board of Health for appointment of a receiver to take possession and charge of certain property owned by the defendant , Mark Caron, for the purpose of remediating unlawful and unsanitary conditions upon the defendant' s said properties, caused and maintained by the defendant . Jurisdiction over the present action is vested in this Court by the provisions of Mass . Gen. L. c . 185C, sec . 3 ; and by c . 111, sec . 127I . Facts of the Case Plaintiff is the CITY OF SALEM BOARD OF HEALTH, with offices at 120 Washington Street, 4th Floor, Salem, Massachusetts . ' Defendant is MARK CARON, with a residence at 8 Wisteria Street, Salem, Massachusetts .z ' Verified Complaint ("VC") par. 1. 2 VC par. 2 . 1 e t y'+ Jurisdiction over the present action for appointment of a receiver and other relief is vested in this Court by the provisions of Mass . Gen. L. c . 185C, sec. 3 ; and by c . 111, sec . 1271 .3 The defendant owns, and at all times material hereto has owned, the real property known and numbered as 8 Wisteria Street, Salem, Massachusetts.4 On and prior to August 28 , 2003 , the defendant improperly and unlawfully committed the following violations of the State Sanitary Code, the State Building Code, and the City of Salem Code or Ordinances, all upon his aforesaid property at 8 Wisteria Street , Salem, Massachusetts : (i) the defendant failed to properly maintain his property, specifically by failing to cut and remove a high degree of vegetative overgrowth, thereby creating both health and fire hazards in violation of 105 C .M.R. Sec . 410 . 602 . (ii) the defendant caused, permitted or suffered an uninspected and unregistered motor vehicle to remain a derelict in his driveway, in violation of Sec . 24-21 of the Salem Code of Ordinances . (iii) the defendant caused, permitted or suffered a side porch to remain in a state of collapse and disrepair, and failed to repair the same, in violation of 780 C.M.R. Secs . 103 . 1, 103 . 2, 1010 . 1 . and 1010 .2 . (iv) the defendant caused, permitted or suffered the exterior downspouts, gutters and fascia to fall into a state of disrepair, and failed to repair the same, in violation of 780 C .M.R. Sec. 103 . 1 , 3 VC par. 3 . 4 VC par. 4. 2 (r (v) the defendant failed, neglected and refused to comply with a duly issued order of the City of Salem Building Inspector directing the defendant to remedy the foregoing violations, in violation of 105 C.M. R. 410 . 500 . 5 The foregoing violations are documented in a letter dated August 3 , 2001, from the Building Inspector to the defendant and in a letter dated September 2 , 2003 from the City Health Agent to the defendant . 6 In addition to the code violations, the aforementioned conditions created and maintained by the defendant constitute a continuing nuisance .? In addition, the City of Salem has caused a criminal complaint to issue against the defendant as a result of his aforementioned violations; and to date the said complaint remains pending. 8 When, despite all the City' s efforts to compel the defendant to remedy the aforementioned violations on his property, the defendant persisted in his refusal to obey the law, the City of Salem, itself, initiated some of the necessary remediation on the defendant' s property. 9 As of the last court date, defendant remained in default on the pending criminal matter. The defendant' s premises have been inspected by the Board of Health or other appropriate inspection agency; the condition of the premises has been found to be in violation of the State Sanitary Code; said condition may endanger or materially impair the health or well-being of any resident therein, neighboring residents, or the public generally; and said condition was not caused by any person other than the defendant, himself . lo 5 VC par. 5 . 6 VC par. 6 plus Exhibits A and B. 7 VC par. 7. 8 VC par. 8 plus Exhibits C and D. 9 VC par. 9 plus Exhibit E. io VC par. 10. 3 Based upon the defendant' s history of noncompliance with the law and with the lawful orders of duly authorized city agents, it is apparent that the aforementioned violations of the Sanitary Code and other applicable laws will not be promptly remedied unless a receiver is appointed; and appointment of a receiver is in the best interest of the residents affected by the defendant ' s noncompliance, and of the public generally. " Argument 1 . The defendant has violated the State Sanitary Code, among other, applicable provisions of law. The State Sanitary Code appears at 105 C.M.R. secs . 400 . 000, et seq. Sections of the Code which are germane to the present action include the following: 105 C.M. R. 410 . 602 : Maintenance of Areas Free from Garbage and Rubbish: (A) Land. The owner of any parcel of land, vacant or otherwise, shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage, rubbish or other refuse. The owner of such parcel of land shall correct any condition caused by or on such parcel of its appurtenance which affects the health or safety, and well- being of the occupants of any dwelling or of the general public. (B) Dwelling Units . The occupant of any dwelling unit shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish, other filth or causes of sickness that part of the dwelling which he exclusively occupies or controls. (Emphasis added. ) 105 C.M. R. 410 . 500 : Owner ' s Responsibility to Maintain Structural Elements : VC par. 11. 4 t " Every owner shall maintain the foundation, floors, walls, doors, windows, ceilings, roof, staircases, porches, chimneys, and other structural elements of his dwelling so that the dwelling excludes wind, rain and snow, and is rodent-proof, watertight and free from chronic dampness, weathertight, in good repair and in every way fit for the use intended. Further. , he shall maintain every structural element free from holes, cracks, loose plaster, or other defect where such holes, cracks, loose plaster or defect renders the area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage . (Emphasis added. ) Note that the State Building Code has similar provisions : 780 C .M.R. 103 . 1 General : All buildings and structures and all parts thereof„ both existing and new, and all systems and equipment therein which are regulated by 780 CMR shall be maintained in a safe, operable and sanitary condition. All service equipment, means of egress, devices and safeguards which are required by 780 CMR 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. 780 C.M.R. 103 .2 Owner responsibility: "The owner, as defined in 780 C .M. R. 2 , shall be responsible for compliance with provisions of 780 C.M.R. 103 . 0 . " Not to be overlooked is the "catch-all" proviso of the Sanitary Code: 105 C.M.R. 410 . 750 : Conditions Deemed to Endanger or Impair Health or Safety: The following conditions, when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of a person or persons occupying the premises . This listing is composed of those items which are deemed to always have the potential to endanger or materially impair the health or safety, and well- being of the occupants or the public . Because, 105 CMR 410 . 100 through 410 . 620 state minimum requirements of fitness for 5 human habitation, any other violation has the potential to fall within this category in any given specific situation but may not do so in every case and therefore is not included in this listing. Failure to include shall in no way be construed as a determination that other violations of conditions may not be found to fall within this category. Nor shall failure to include affect the duty of the local health official to order repair or correction of such violations pursuant to 105 CMR 410 .830 through 410 . 833 nor shall failure to include affect the legal obligation of the person to whom the order is issued to comply with such order . . . (I) Failure to comply with any provisions of 105 CMR 410 . 600, 410 . 601, or 410 . 602 which results in any accumulation of garbage, rubbish, filth or other causes of sickness which may provide a food source or harborage for rodents, insects or other pests or otherwise contribute to accidents or to the creation or spread of disease . . . (P) Any other violation of 105 CMR 410 . 000 not enumerated in 105 CMR 410 . 750 (A) through (0) shall be deemed to be a condition which may endanger of materially impair the health or safety and well-being of an occupant upon the failure of the owner to remedy said condition within the time so ordered by the board of health. (Emphasis added. ) In addition to the foregoing substantive violations, the defendant has, by his repeated, willful failures to comply with lawful orders of the Board of Health, violated 105 C.M.R. 410 . 910 , which states that : Any person who shall fail to comply with any order issued pursuant to the provisions of 105 CMR 410 . 000 shall upon conviction be fined not less than $1.0 . 00 nor more than $500 . 00 . Each day' s failure to comply with an order shall constitute a separate violation. See also 105 CMR 410 . 854 (B) . (Emphasis added. ) 2 . Appointment of a receiver to take possession and charge of the defendant' s lands in order to abate the unlawful and unsanitary conditions thereon is the appropriate remedy. Mass . Gen. L. c . 111 , sec . 127C provides, in pertinent part , that : 6 If the condition of any building or any part thereof used for residential purposes is in violation of the standards of fitness for human habitation established under the state sanitary code, as provided by section one hundred and twenty- seven A, or in violation of any board of health standards, a petition may be filed by any affected tenant or by the board of health, or, in the cities of Boston, Worcester and Cambridge, by the commissioner of housing inspection, in a district court within the judicial district of which such building is situated. The petition shall state that the premises have been inspected by the board of health or other appropriate inspection agency and that the condition of said premises has been found to be in violation of the state sanitary code; that such condition may endanger or materially impair the health or well-being of any tenant therein; and that said condition was not substantially caused by the tenant or any other person acting under his control . (Emphasis added. ) Sec . 127F, in pertinent part , adds that : If the court finds after hearing that the facts are as alleged in said petition . . . . In lieu of or in addition to any relief that may be provided under this section, the court may appoint a receiver under section one hundred and twenty-seven I . (Emphasis added. ) And section 127I , governs the appointment of such receivers, and its terms make clear beyond all doubt the appropriateness of the remedy to the facts at bar: Upon the filing of a petition to enforce the provisions of the sanitary code, or any civil action concerning violations of the sanitary code by any affected occupants or a public agency, whether begun in the district, housing or superior court, and whether brought under section one hundred and twenty-seven C or otherwise, the court may: issue temporary restraining orders, preliminary or permanent injunctions; order payment by any affected occupants to the clerk of court, in accordance with the provisions of section one hundred and twenty-seven F; or appoint a receiver whose rights, duties and 7 r powers shall be specified by the court in accordance with the provisions of this section . . . . Whenever a petitioner shows that violations of the sanitary code will not be promptly remedied unless a receiver is appointed and the court determines that such appointment is in the best interest of occupants residing in the property, the court shall appoint a receiver of the property. Any receiver appointed under this paragraph may be removed by the court upon a showing that the receiver is not diligently carrying out the work necessary to bring the property into compliance with the code, or that it is in the best interest of any tenants residing in the property that removal occur . . . . (Emphasis added. ) At bar, we have the classic case where "violations of the sanitary code will not be promptly remedied unless a receiver is appointed" ; therefore, according to sec . 127I , "the court shall appoint a receiver of the property" (emphasis added. ) 3 . The plaintiff' s motion is necessary in order to satisfy certain procedural prerequisites in this case. Sec . 127I Provides, in pertinent part, that : Upon receipt of service of any petition in which the appointment of a receiver is sought , the owner shall provide to the petitioner, within three days, a written list of all mortgagees and lienors of record. At least fourteen days prior to any hearing in any such proceeding, the petitioner shall send by certified or registered mail a copy of the petition to all mortgagees and lienors included in the owner ' s list as well as to all other mortgagees and lienors of which the petitioner may be aware, and shall notify them of the time and place of the hearing. Upon motion of the petitioner, the court may order such shorter periods of prior notice as may be J ustified by the facts of the case . (Emphasis added. ) Hence, the plaintiff' s prayer for the three-day order. And sec . 127D provides, in pertinent part, that : Upon the filing of such a petition, an order of notice shall issue requiring the owner of record to appear at a time not 8 f l later than fourteen days after the issuance of said order of notice, to file an answer to the matters alleged in the petition including therein the names and addresses of any mortgagees or lienors of record known to the owner of record, and to submit to a hearing thereon. Hence, the plaintiff' s prayer for the fourteen-day Order of Notice . Conclusion WHEREFORE, the plaintiff, CITY OF SALEM BOARD OF HEALTH, prays for the following relief : I . That, upon receipt of this petition, this Court order that the defendant provide to the plaintiff, within three (3) days, a written list of all mortgagees and lienors of record, pursuant to Mass . Gen. L. c . 111 , sec . 127I , so that the plaintiff may give to such mortgagees and lienors the notice of these proceedings mandated by the statute . II . That, upon receipt of this petition, this Court issue an Order of Notice requiring the defendant to appear before the Court at a time not more than fourteen (14) days after the issuance of said Order of Notice, to file his answer to the present petition, including, if not previously filed, the names and addresses of all mortgagees and lienors of record, and to otherwise submit to a hearing on this complaint , all as pursuant to Mass . Gen. L . c . 111, sec . 127D. III. That, at said hearing, this Court appoint a receiver, pursuant to Mass . Gen. L. c . 111, secs . 127F & I . IV. That , at said hearing, or at such later time as the Court may appoint, this Court enter a judgment against the defendant awarding the plaintiff any and all civil fines and penalties as the Court may assess against the defendant for his aforementioned and continuing violations of law. 9 J' l 1 V. And the plaintiff prays for an award of such other and further relief as this Court may deem appropriate . Respectfully submitted, CITY OF SALEM BOARD OF HEALTH, By Its Attorney, Joh . Keenan, Esq. Cit Solicitor BBO 561573 222 ssex Street Sal Massachusetts 01970 Tel one : 978 . 741 . 4453 Dated: 17 October 2003 10 COMMONWEALTH OF MASSACHUSETTS ESSEX, ss . Salem District Court Docket No. 0136CR3113 Docket No . 0136CV CITY OF SALEM BOARD OF HEALTH, Plaintiff vs. VERIFIED PETITION FOR APPOINTMENT OF RECEIVER MARK CARON, Defendant AND OTHER RELIEF l .r:.P..laintiff is the CITY OF SALEM BOARD OF HEALTH, with offices at 120 Washington Street , 4th Floor, Salem, Massachusetts . 2 . Defendant is MARK CARON, with a residence at 8 Wisteria Street., Salem, Massachusetts . 3 . Jurisdiction over the present action for appointment of a receiver and other relief is vested in this Court by the provisions of Mass. Gen. L. c. 1850, sec. 3 ; and by c . ill , sec. 127I . 4 . The defendant owns, and at all times material hereto has owned, the real property known and numbered as 8 Wisteria Street , Salem, Massachusetts . 5 . On and prior to August 28 , 2003 , the defendant, improperly and unlawfully committed the following violations of the State Sanitary Code, the State Building Code, and the City of Salem Code or Ordinances, all upon his aforesaid property at 8 Wisteria Street, Salem, Massachusetts : I (i) the defendant failed to properly maintain his property, specifically by failing to cut and remove a high degree of vegetative overgrowth, thereby creating both health and fire hazards in violation of 105 C.M.R. Sec . 410 . 602 . (ii) the defendant caused, permitted or suffered an uninspected and unregistered motor vehicle to remain a derelict in his driveway, in violation of Sec . 24-21 of the Salem Code of ordinances , (iii) the defendant caused, permitted or suffered a side porch to remain in a state of collapse and disrepair, and failed to repair the same, in violation of 780 C.M.R. Sees . 103 . 1 and 103 . 2 . (iv) the defendant caused, permitted or suffered the exterior downspouts, gutters and fascia to fall into a state of disrepair, and failed to repair the same, in violation of 780 C .M.R. Sec . 103 , 1 and 103 . 2 . Also see 105 C.M.R. 410 . 500 . (v) the defendant failed, neglected and refused to comply with a duly issued order of the City of Salem Building Inspector directing the defendant to remedy the foregoing violations, in violation of 105 C .M.R. 410 . 900 , 410 . 910 . 6 . The foregoing violations are documented in a letter dated August 3 , 2001, from the Building Inspector to the defendant (copy annexed hereto as Exhibit A) ; and in a letter dated September 2 , 2003 from the City Health Agent to the defendant (copy annexed hereto as Exhibit B) . 7. In addition to the code violations, the aforementioned conditions created and maintained by the defendant constitute a continuing nuisance. 8 . In addition, the City of Salem has caused a criminal complaint to issue against the defendant as a result of his aforementioned violations ; and to date the said complaint remains pending . A 2 copy of the application for complaint is annexed hereto as Exhibit C and a copy of the complaint is annexed hereto as Exhibit D. 9 . When, despite all the City' s efforts to compel the defendant to remedy the aforementioned violations on his property, the defendant persisted in his refusal to obey the law, the City of Salem, itself , initiated some of the necessary remediation on the defendant' s property. A copy of a local newspaper article, dated September 19, 2003 , detailing the City' s efforts in this matter, is annexed hereto as Exhibit E. As of the last court date, Defendant remains in default on the criminal complaint . 10 . The defendant' s premises have been inspected by the Board of Health or other appropriate inspection agency; the condition of the premises has been found to be in violation of the State Sanitary Code; said condition may endanger or materially impair the health or well-being of any resident therein, neighboring residents, or the public generally; and said condition was not caused by any person other than the defendant, himself . 11. Based upon the defendant' s history of noncompliance with the law and with the lawful orders of duly authorized city agents, it is apparent that the aforementioned violations of the Sanitary Code and other applicable laws will not be promptly remedied unless a receiver is appointed; and appointment of a receiver is in the best interest of the residents affected by the defendant' s noncompliance, and of the public generally. WHEREFORE, the plaintiff, CITY OF SALEM BOARD OF HEALTH, prays for the following relief : I . That, upon receipt of this petition, this Court order that the defendant provide to the plaintiff, within three (3) days, a written list of all mortgagees and lienors of record, pursuant to Mass . Gen. L. c. 111 , sec . 1271 , so that the plaintiff may give 3 to such mortgagees and lienors the notice of these proceedings Mandated by the statute . II . That , upon receipt of this petition, this Court issue an Order of Notice requiring the defendant. to appear before the Court at a time not more than fourteen (14) days after the issuance of said order of. Notice, to file his answer to the present complaint , including, if not previously filed, the names and addresses of all mortgagees and lienors of record, and to otherwise submit to a hearing on this complaint , all as pursuant to Mass . Gen. L. c . 111, secs . 127D & I . III . That , at said hearing, this Court appoint a receiver, pursuant to Mass . Gen. L. c . 111 , secs . 1.27F & I to take immediate possession and charge of the defendant' s properties at 8 Wisteria Street, Salem, Massachusetts, for the purpose of remediating the unsanitary and unlawful conditions on the said properties, and on the abutting properties, as previously described herein. IV. That, at said hearing, or at such later time as the Court may appoint, this Court enter a judgment against the defendant awarding the plaintiff any and all civil fines and penalties as the Court may assess against the defendant for his aforementioned and continuing 'violations of law. V. And the plaintiff prays for an award of such other and further relief as this Court may deem appropriate. 4 Respectfully submitted, CITY OF SALEM BOARD OF HEALTH, By its Attorney, Jahn D. Keenan, Esq. City olicxtor BBO 561573 222 ex Street Salem, Massachusetts 01970 Teleph Tie: 976 . 741 . 4453 Affidavit of Joanna Scott I , Joanne Scott, having been duly sworn, hereby depose and say as follows : 1. I am the duly appointed Health Agent of the City of Salem, Massachusetts . 2. 1 have read the foregoing complaint, including the exhibits annexed thereto, am familiar with the contents thereof, and do hereby aver that as to all matters of fact therein stated, the same are true, and as to all. matters therein stated upon information and belief, I believe the same to be true . Sworn to and signed this y day of October, 2003 under the pains and penalties of perjury. f A-xit.i.-• Janne Scot't J Cir p of *atem, faa!ggacfjugeto Publir 13ropertp Department 3guilbing Department One&diem Green (978)745-9595 tCxt.380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer AUGUST 3,2001 MARK CARON 8 WISTERIA STREET SALEM,MA 01970 RE: 8 WISTERIA STREET DEAR MR.CARON, THIS DEPARTMENT HAS RECEIVED NUMEROUS COMPLAINTS ABOUT THE EXTERIOR OF YOUR PROPERTY. 1: THE LAWN AND TREES ARE OVER GROWN. THIS IS CREATING BOTH HEALTH AND FIRE HAZARDS. 2: THE UNREGISTERED CAR IN THE DRIVEWAY. THIS VEHICLE MUST BE REMOVED OR REGISTERED AND INSPECTED WITH FIFTEEN(15)DAYS ACCORDING TO THE CITY OF SALEM ORDINANCE 24-21. 3: THE SIDE PORCH HAS COMPLETELY FAILED. THIS MUST BE REPLACED IMMEDIATELY ACCORDING TO THE MASSACHUSETTS STATE BUILDING CODE 780 CMR SECTIONS 103.1 AND 103.2 SECTION 1010.1-1010.2. 4: THE EXTERIOR DOWNSPOUTS,GUTTERS AND FASCIA ALSO HAVE TO BE KEPT IN GOOD REPAIR,REFERENCING STATE BUILDING CODE 790 CMR 103.1. THEREFORE,YOU ARE DIRECTED TO CONTACT THIS OFFICE WITHIN FIFTEEN(15)DAYS UPON RECEIPT OF THIS LETTER TO DISCUSS THIS MATTER. FAILURE TO COMPLY WILL RESULT IN A COMPLAINT BEING FILED IN THE DISTRICT COURT AND MUNICIPAL CODE TICKETS BEING ISSUED. THANK YOU FOR YOUR ANTICIPATED COOPERATION IN THIS MATTER. SINCERELY, TOM ST.PIERRE LOCAL BUILDING INSPECTOR CC: MAYORS OFFICE COUNCILLOR DRISCOLL JEFF VAUGHN,HEALTH DEPARTMENT --� eco CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET, 4TH FLOOR . Sa SALEM, MA 01970 sggpp' TEL. 978-741-1800 FAX 978-745-0343 STANLEY J. USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO MAYOR HEALTH AGENT September 2, 2003 Mark Caron 8 Wisteria Street Salem, MA. 01970 Dear Mr. Caron: In accordance with Chapter III, 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 inspection was conducted of the property 8 Wisteria Street (exterior) by Joanne Scott, Health Agent and Jeff Vaughan, Sr.Sanitarian,on Thursday August 28, 2003. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to notify tenants of lead related reports and tests, and to ensure that this unit complies fully with 105 CMR 460.000 : Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this Order. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. Fthe Board of Health: Reply to: 7 �t t t_ ohne Scott � Jeff Vaughan Health Agent Sr. Sanitarian Certified Mail: 7099 3400 0009 4079 0689 Regular Mail CC: ward councillors 5o6c•7w CITY OF SALEM, MASSACHUSETTS aBOARD OF HEALTH 120 WASHINGTON STREET. 4TH FLOOR SALEM, MA 01970 TEL. 978-741-1800 FAX 978-745-0343 r+ Page 1 Of STANLEY USOVICZ. J JOANNE SCOTT, MPH, R5, GHO MAYOR HEALTH AGENT State Sanitary Code, Chapter 11: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant : (Exterior - common areas) Phone: _ Address: 8 wisteria street Apt.# Floor Owner. Mark Caron Address: 8 Wisteria Street Salem, MA. 01970 Inspection Date: August 28, 2003 Time: AM Conducted By: J. Scott, J. Vaughan Accompanied By: Anticipated Reinspection Date: Specified Time Reg.#410.. Violation(s) Due to complaints received an inspection of the exterior of this property was conducted in accordance with the State Sanitary Code 105 CMR 410. Upon inspection the following were noted: /G Z)9 (odd - ,7 vY t �, f.' Olie�ci Z� .air •otis• One or more of the above violations may endanger or materially impair the health safety, and well being of the occupant(s) Code Enforcement Inspector _ Sr. Sanitarian Este es documento legal importante. uede que afeCe sus derechos. ne1n fnrmo RIPC f1 ar` ggrin IImmnr Al telefono 741-1800. cdtp of Z)aleni, fRa!55acbu5ett!5 3pubtit Propertp Mepartment �4 Wuilbing Mepartment One fs,alem Oreen (978) 745-9595 O-xt. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer AUGUST 3,2001 MARK CARON 8 WISTERIA STREET SALEM,MA 01970 RE: 8 WISTERIA STREET DEAR MR.CARON, THIS DEPARTMENT HAS RECEIVED NUMEROUS COMPLAINTS ABOUT THE EXTERIOR OF YOUR PROPERTY. l: THE LAWN AND TREES ARE OVER GROWN. THIS IS CREATING BOTH HEALTH AND FIRE HAZARDS. 2: THE UNREGISTERED CAR IN THE DRIVEWAY. THIS VEHICLE MUST BE REMOVED OR REGISTERED AND INSPECTED WITH FIFTEEN(15)DAYS ACCORDING TO THE CITY OF SALEM ORDINANCE 24-21. 3: THE SIDE PORCH HAS COMPLETELY FAILED. THIS MUST BE REPLACED IMMEDIATELY ACCORDING TO THE MASSACHUSETTS STATE BUILDING CODE 780 CMR SECTIONS 103.1 AND 103.2 SECTION 1010.1- 1010.2. 4: THE EXTERIOR DOWNSPOUTS,GUTTERS AND FASCIA ALSO HAVE TO BE KEPT IN GOOD REPAIR,REFERENCING STATE BUB-DING CODE 780 CMR 103.1. THEREFORE,YOU ARE DIRECTED TO CONTACT THIS OFFICE WITHIN FIFTEEN(15)DAYS UPON RECEIPT OF THIS LETTER TO DISCUSS THIS MATTER. FAILURE TO COMPLY WILL RESULT IN A COMPLAINT BEING FILED IN THE DISTRICT COURT AND MUNICIPAL CODE TICKETS BEING ISSUED. THANK YOU FOR YOUR ANTICIPATED COOPERATION IN THIS MATTER. i SINCERELY, TOM ST. PIERRE- LOCAL BUILDING INSPECTOR CC: MAYORS OFFICE COUNCILLOR DRISCOLL JEFF VAUGHN-HEALTH DEPARTMENT it i i APPLICATION ,® ADULT " ""°" Trial Court of Massachusetts FOR.COMPLAINT L1 JUVENILE District Court Department 11 ARREST HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION Toe within named complainant requests that a Complaint issue against the within SRO 013blict(;oi1R named defendant,charging said defendant with the offenseis)listed below. w DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE S' r r. J i d ri / i,,. � /F,�.� ter. � -f' lli 01 NAM OF COMPLAINANT /. � ,L n( �/�`" •/'�,� (i7� NO. OFFENSE G.L. Ch. and Sec ADDRESS ND ZIP C9DE OF COMPLAINAPfr NAME,ADDRESS AND ZIP CODE OF DEFENDANT ori ( G/O- 3. 4J 4. COURT USE A hearing upon this complaint application DATE OF HEARING TIME OF COURT USE ONLY—f will be held at the above court address on AT //11" ONLY CASE PARTICULARS - BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,eq. destroyed,etc. $250. Marijuana,gun,etc. N 2 'J D 7 G a ALT/ OTHER REMARKS: , v I _ (;/l CJ hIX (may wn ci nC(� fJPCI'G�S L9/'P ' SIGNATURE OFOMPLAIN� ANI DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATEOFBIRTH PLACE OF BIRTH SOCIALSECURITYNUMBER SEX ,A RACE HEIGHT WEIGHT EYES HAIR OCCUPATION E M PLOY ERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME 1 i C Y -c DO CR2 13tSF13tftF, CRIMINAL COMPLAINT 0136CR003113 Trial Court of Massachus tts DEFENDANT Salem District Court CARON, MARK S WISTERIA STREET SALEM, MA 01970 TO ANY JUSTICE OR CLERK-MAGISTRATE OF THE SALEM DISTRICT COURT DATE OF BIRTH SEX RACE HEIGHT WEIGHT EYES HAIR 11/05/1957 M W 0100" 000 lxxx XXX The undersigned complainant, on behalf of the Commonwealth,on oath complains that on the date and at INCIDENT REPORT# SOCIAL SECURITY# the location stated herein the defendant did commit the offense(s)listed below. DATE OF OFFENSE PLACE OF OFFENSE 09/26/2001 SALEM COMPLAINANT POLICE DEPARTMENT ST PIERRE, THOMAS J SALEM BUILDING DEPT. SALEM BUILDING DEPT. 'S COPY DATE OF COMPLAINT RETURN DATE AND TIME t,u �[ 10/30/2001 11/20/20019:OOAM wmmoK COUNT-OFFENSE 1. 666666 MISCELLANEOUS MUNIC ORDINANCE/BYLAW VIOL on DIVERSE DATES did NOT REGISTER OR HAVE INSPECTED VEHICLE IN THE DRIVEWAY,in violation of ORDINANCE 24-21 of the City or Town of SALEM. COUNT-OFFENSE 2. 777777 MISCELLANEOUS CODE OF MASS REGS VIOLATN on DIVERSE DATES did NOT REPLACE SIDE PORCH AND REPAIR EXTERIOR DOWNSPOUTS,GUTTERS AND FASCIA,in violation of CODE 780 Code Mass.Regs. §SECTION 103.1 -103.2 -1010.1 -1010.2. COUNT-OFFENSE COUNT-OFFENSE COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE ON(DATE) TOTAL COUNTS X X 2 FIRST JUSTICE COURT Salem District Court Hon- SAMUEL E ZOLL ADDRESS 65 Washington Street A TRUE CLERK-MAGISTRATE/ASST.CLERK ON(DATE) Salem, MA 01970 COPY ATTEST:X I Alm The Saiern News, Saiem,Mass.,Friday,September 19,2003 A3 ale City cleans up jig ,a problem property By DAVE GERSHMAN up right away,'he said. Staff writer The city has tried to force the U owner to repair the home and SALEM—City officials yes- clean up the property,hitting him Ilk terday took the unusual step of with violations of health and rr rix cutting grass and shrubs and re- building codes.After the owner moving overgrowth from the yard failed to appear in District Court of a Wisteria Street home that has to respond to the complaints last been the center of complaints from year,he was arrested Still,the <- neighbors for years, problems went unfixed,city offi- :( Tom Philbin,the chief aide to cials said,as neighbors and Ward Mayor Stanley Usovicz,said the 5 Councilor Kim Driscoll con- mayor asked the staff at the Park tinued to express their frustra- and Recreation and Open Space de- tions.Driscoll even volunteered to f partments to do the work and to do the legal work to petition a a keep track of their hours and the judge to put the property in re- fuel they use in the equipment.All ceivership, something the city ...-------,, of the costs will be billed to the agreed to do last month.A Judge homeowner,Mark Caron,who city will hear the request on Oct.17. ' officials said appears unable,or un- In the meantime,Philbin said, r willing,to properly maintain the the city,through its clean-it-or- two-family house at 8 Wisteria St. lien-it program, had given the "The neighbors have been owner a deadline to clean up the _ waiting around long enough," yard and he did not.The cost will ^. t i Philbin said. be added to the owner's tax bill. He said city officials talked about Some taxes have gone unpaid,so set tp eceeddennt ed where people not who enuesto the t such as putting a lien on pursue other av- a"'P don't want to take care of their prop the property,among other things. erties wait until the city steps in. Caron was unavailable for com- staff photo/Paul eiiodea But this property is unique,he said. menta his listed phone number has The City of Salem cleaned up the property at S Wisteria St. "The mayor wanted it cleaned been temporarily disconnected. yesterday following years of complaints. I l i L' I I i, I ` 1 I i I � APPLICATION ,K ADULT NUMBER Trial Court of Massachusetts FOR.COMPLAINT ❑ JUVENILE District Court Department ❑ ARREST I& HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Satern Dft tidCourt named defendant, charging said defendant with the offense(s) listed below. 65 Wg, jton 5t[flet DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE aS'et6inr MA.���� G c� 1. ,F ate.r, .�•. � NAME OF COMPLAINANT NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CpDEE OF COMPLAINANT X12 Il t. 2. ✓�Gl 4e' C G7We NAME,ADDRESS AND ZIPCODE OF DEFENDANTS JO3 3. DiS?'o_ 4. COURT USE A hearing upon this complaint application DATE OF HEARING TIMEOFHEARING COURT USE ONLY will be held at the above court address on AT I' 1" 06M 4 ONLY CASE PARTICULARS — BE SP CIFib NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. .L Irv, y�r'1 2 - 3 � „s 1-4 OTHER REMARKS: Co t j�/�� �/ly�� J�rs�P�/-,�% • �P �f'Fz,/' S���� c./12 �j`7� �iP �,��C�/�� ' IJo �n� f/p�G�oS ' CA/Q Q//P/ty f7�n X SIGNATURE OFOM PLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIALSECURITY NUMBER SEX fRACE, HEIGHT WEIGHT EYES HAIR '" Wi r OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) i FATHER'S NAME O O v Z D Z N Q O v DC-CR2(3/88) TN/S INSPECT/ON '!+%AS FE.PFO.PMEO //V ACCOAWWAlCE �✓G/-/ L- !�. JG//V /7Y,L WMW T/!f' Ph"OCELMMW .ANO TEG!/N/CAL ST4NOAAP5 FOR 1•,fV PT6AGE LOAN /NSPECT/ONS _ 2 TH/S PLAN WA5 PRfPAREL) FOR MO.PT6Ad.E f�U,P,dOJES so 5d! ONLY ANO SW Ie&.O 4107,6-F UJEO FORANY oTllfh' �,ffGQ CVWAV -E PAWAERTY L/lVEJ WERENOTEJTABL/S/lEO DN TWE d.POUNO ANO TS"OR OT/'`6P/'1EASUREiyENlS SAMIAl SNOULO IVOT.BE 4'SEL7 TO E5TABLISWP�lERTY PE%VLE, /Yf06E OR,9UlLD1NG Ll"S.OFANY TYPE. a ,BASfO oN^!Y !NDl4LELiSE HEL/FFANO 11Yi"O.P/1,4T/ON / f/ERE.9Y CERTIFY 7W 04VZO �,Q,24W14 &":'rW10WANO ` C4/lNT,2y/e//OE'.t/AME,dOAN"J/iiS/G,,,/�"✓ -SUFE`=�30.t'� O - AID,E" /6.GfS rO'T/1�A T1lAT: THE PEfPMANENT ST,4'UCTURf5 SWOWAI 1,'EREO1V ARE LOCATEL3 RN TiYE �y GROUNL+ A!'PROXIMATEL Y AS .9"WOINNANOT//AT THEY \ � D/O CONFO.PNI TO 111E HORIZONTAL !1/ME�t/.Sk�xrtC �DT39 � CONTROLS OF 7f1E'.2'ON/NdLA,G/SOr� Tf/E GYTy 4F EFFEcT AT T,stA-J7.rf.E' OF �[ CON57RUGT/Oii! Th'6 .PARCEL SNOl+1N/S LOCATfO {.//T1V/N ZONE G'A5 OELlNEATEO-aV T/!EFL000 IN3UR9NC6 RATE SRN MAP;IOMNUN/TY-PANEL NUMBE.P 23G7/AZ DDOS f3 E.�Ec'T/i'6'fy/J6. 5, 1yg�' . z`GWE'��/SNO?.SPEc1FiEn AS A SPECIAL ,FLL' 70 flA2"ARD/UREA ON JA/LY MAW 50' 4, REFERfiYl,E3: ,e,& /3,(i.SS Al' /23 .5.C`/1-,10/ e-W4 MG7RT.S,46F /N�ECT/ON /'L.AA/ "'�'"` FLYNN ,6A&1A.EER/rte' 4 12 NEsr sT.. eWfM5,MA OWITA� CITY OF SALEM9 MASSACHUSETTS CITY OF SALEM. MA BOARD of APPEAL CLERKS OFFICE 13 :y'i`' �;i 120 WASHINGTON STREET, 3RD FLOOR SALEM. MA 01970 TEL. (978) 745-9595 - FAX (978) 740-9846 1003 OCT -3 A 9: SO STANLEY J. USOVICZ. JR. MAYOR AGENDA OCTOBER 15, 630 P.M. 3rd FLOOR — 120 WASHINGTON STREET 1. CONTINUED: Petition of Daniel Hibbard requesting a Special Permit to change existing non-conforming to a Wholesale Contractor Supply Business for the property located at 120 Swampscott Road I. 2. CONTINUED: Petition of Stephen Lovely requesting a Variance to allow the parking lot to be used for the sale for the property located at 57 Grove Street BPD. Petition of Kevin Herbert requesting a Variance from rear setback and side setback to allow an existing shed to remain for the property located at 4 Rice Street R2. 4. Petition of Mirash Begi requesting a Variance from side setback to allow and addition for the property located at 260 Jefferson Avenue 61 5. Old/New Business Sally Murtagh-j" Clerk of the Board This notice pomp-.. on °';` l:cl%9 €lLffleiln Board" City Hai! Ave.; :" il_q rn. A"'i "iOCT 3 2003 at j rpt :; _. _�. 30 s6c. 23A & 233 of M.G.L. t- 2-17-1999 1 :21PM FROM ELECTRIC-DEPT_ 978 745 4838 P. 3 i..orwnaawrattis a�cc�77r/adee�� rrsefL Of Use thtl7r `�epaslaarnf oI rfrr.3r vtesa Fee Checked BOARD f?F FiRE PREVENTiORI REG1JlA7}ONS vc blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All wurk to be peribrured in accerdaaca with the Massachusetts rJactrical Cods(MCC).$27 CMR Moo (PLCASC PIUIV7 IN INK Oft r1TE arc MORAL.)MOM) Dale: City or Town of: JS A tI-C✓y'. To the Inspector of Mires: By this application the undersigned roves notice of his or her intention to perform the electrical work described below. Location(Street&Number)_ ',, Owner or Tenant J prl-t1 mt t?rn _ �_ r 17 t>C+?A Telephone Na. CyA-E l'i J-i'6 12-• Owner'sAdilress a W kC'Tr—Yh1 Y+S`T' Is this pennit'In conjunctivo with a buildin:per it? Yes ❑ No ❑ (Cheek,Appropriate Box) Purpose of iluilding b R�� �° 1-"�A Utility Authorization No- Existing Service , u amps 7'R/' Yoits Overhead F-1t- Undgrd Cl 1Vu.of iiietcrs. New cervica Amps 1 Vans Overhead C1Undgrd.❑ No.of&liters,'_ Number of Feeders and Anipaeity Location and Nature of Proposed Electrical Work. yj fa w C r r✓e. .e �..�r�-• i tl�\... in �..n (r..t,t_ r Q,i.S.,.r$ �..5�_�lLrf t -� C letiaa of the vl+ table cera be S'ailCd DY tdC 1 3Yrrar, No.of Recessed Fixtures No.of Ceil.-Susp.(Paddla)Fans o.at. Total Tran ormara ICv No.of Lighting Outlets No.of Flat rubs Cenerntors KNIA No,of Lighting Fixtures Ssrimnsiu Poot s' ve n o.o t r ney g ltrift g 8 g rnd. d rnd. '� Sant Units No,of Receptacle Outlets Pio.of Oil Burners FIRE ALAIih35 Pio.or7.ouas No.,o(Switchts No.of upa8ursim + o.a tas r Itti6atin son evicts No.of Rauges No.of Air Coad. Tuns No.of Alerting Devices No,of Waste Disposers to amp um er o o.o t - ontaill . SataU. Defection/Alerting Devices No.otDishwashers S sedArea'Hentln IC\V Local ❑ amcipa 0 Other P S CostnecUon No.a(Dryers HeatiaRAPplianets K1Vecunl of Dteulltie : or Equivalent No.o ater - o.a o-o data tvirin Beaters K�V $1 us Ballots No,of Devicas or E uivalent Na.H drotiiassu o Bathtubs No.of Motors Total HP econsnrunreaGoas ug;. y g Vo.of llesices or E utvaient OTHER: . Armed addithiml derail ijdt h ed,or as ragrdred by the hapeaar of IVlns INSURANCE COVERA M Unless waived by dm owimr,no permit for the'performanee of electrical work may issue unicss the licensee provides proof of liability insuraoce iacloding"completed operation"coverage or its substantial equivaktu The undcrsigned.ccrtifies that such coverage is in force,and has exhibited proof of�sarne to the permit issuing office. CHL•CK ONE: INSURANCE 0 BOND (I OTHER �'( tSptcify� — 4ii( (f mrd �/ �y (E.epnati� on Date) Estialated Vahie orElectrical Work:1 (r0(T •-»1 (When required by arunicipal policy,) Work to Slut: 4-i-o f hupection$to be rcqutitad hi occordorlce with MEC Rule 10,and upon completion. !crrtijy, ander 1Ge iur ar,dr/,e,oldes ofparftr>r,that 1/te injorn,atior,on this applicariou is true and cearplera. ItlILNINAME: . Lic.No.: G-17114_ Licensee: A r Signature LIC.NO.: Z-1 ?M (ijopplicable•enra• "rrenr r"in A; 1"flie aambrr Gee) Bus.TeI,No: V g ?(-14$;K Address: L.2 AX. . r l - All.Tel,No. $'S$ >51�YWK ONVNER' h SUR.ANCE WAIVER; t ani aware that ttne Licenu:does oat have the liability insuranec Coverage normally required by taw. By my signature below,I hereby waive this requircnre,u. I own the(check one)0pYnKY ow•tner's*tent. Ovyller/A cj�%-H9 G�P Signature !-Vs m r; Cl \ Pii/{11IXT FCG: S. ky 2-17-1999 1 :21PM FROM EIECTRIC_DEPT_ 978 745 4638 P 2 INSURANCE WAIVER :.. ... ..VES ...!!"�.....,NO.. . .. .. .,,ter.. ..... . ...... . ... City of Salem-City Electrician No..,�6:•u:r5' a.Pa..7dk"-f?avy. FEE..lel s. .. . . ... .. .. . . . ... .. . APPLICATION FOR MRING PERMIT ROUGH IISSP....... . .. ...... . . .......FINAL iNSP...... . ............... . . .... . 44 Lafayette Street SIGN IN$P. ....... ...... ....... ....BURNER INSP... .... . , ........ . . .... ...... Salem. MA Q070 ' RE4NSP... ... . .. .. . . .... ..... .NO ACCESSIFIL40......... ......" I, ....... ,. .. 978-IAS-63I90. SERV.INSP, , ... ..... ..UTiUTY AVn40R2ATKN1 II............. . .. ._:......,.. - FAX$T*46 MAXDATE ..... ........ .. . . . .... ......... ...... ;.... . .. .. ..... .. .. ........ Dote work to oom¢menR ,.:.�f. /:Al...... .. ......... ........to wire Premises at CHECK W O.B E Street and No. .is .ln�t5: - .- �,...s,-..... .VOID ONE YEAR- Now Work - ( Owner... ... ......... ........ . ......... .. .......... .. Oodtpied oy.................... ........ ...FROM.DATE.OP P.EWT Wank Used for Dwelling........ .Condos , ,":....I,,Industrial . ,.... ..Commercial .. . ...... No.of Meters . waing Swvk:e:New . ......................Temporary...................... ... .. IeCtdC I rt ( ••Sitlin Sarvg9 change from.. . . . ..... .... . .Amp to... ........,... ,Amp.,.. .... .. .. ..... Gas Pum Service Grounded to.... .......... ,.,.. . ,Ground Size— .............. .. Swimmiq Pools(Tubs Single Phase... .....!^"..... ..3 Phase....... ........3 Pnase.4 Wire.. .. ... . .... - Voice DataOutlets How Installed:Con _....... ............S.E...Z!'......'_. ,.......:........ Ran [ Overhead .. .... . . .L-7... .......... .. ....Underground .... . . .. .......... .. ...., ter-Heater E)tiating Servioa:Ee&i and mednan;ea0y good oorditron9. .. . .... ........ . Signature of AA��WWicam. t�,,z...-�.. ..... . ,. :.. . ...... ..... .. ... . .. ...... .. Gas-Oil Burner [ Frm's Nartie.(�rn.r may�. .^ .v lc.n 40%a.Af ii Burner To III— . . . ... . .... . . .. . No.of [}' Firms Te�No..„>,A IV -."�,r`�,3 Xy&IC,No.E .��SX I.... ... . . . ......... . . No.of Fixtures Street No. .!S.. . X"0".+,.,'TC,^ F lit*s Cid.No.E . 'f. d.. ...... .. .... .. No.Of R2c aClaa City.. (sf.{r!Ssw-?..!!!.w,e,f......Master Firm's Lt.A....,,. .. . .. ... .. No.of MOtorB [ Ready for find inspection ...... .. . .. . .....Lic.No.C. . ..,..., . .LIC.No.D ,. ..... ,., , Electric at Lfc.No-A or C............... ............ Fire Alarms Siem NOTE:Wire must not be covered In without permission.This card to be filled out before Bu lar Alarm work commenced_Notify this office at the completion of ON work Including finish. Smoke Detectors All captions shall to filled In COMPLETELY, NOTATIONS ON BACK. HVAC Units [