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LEAD & DEP
UPC 10330 IVY' 953� 'Pos7.co�'� HASTINGS, PAN e44 -.�ur.LSiwutwelWY - r .>" :AtlIWGP'alex6u� :: �- ..:•..•,��itaznwsrmtilmt� RECEIVED MAY 012017 CITY OF SALEM BOARD OF HEALTH ®EROSA 1 Environmental CONSULTING, INC. 167 Main Street,PO Box 716,Rowley Massachusetts 01969USA 979948-7717 Office - 978948-7718 Fax APRIL 27,2017 Health Department 120 Washington Street Salem MA,MA 01970 ATTN:Health Department Officials: RE: Notice to Public Officials of Submittal of: Phase III Remedial Action Plan Report 16,18,24 Phillips Street&23 Irving Street Salem MA 01970 MADEP RTN: 3-32128 Dear Sir: The purpose of this letter is to inform you that on April 27,2017 a Phase III Remedial Action Plan Report for 16, 18,24 Phillips Street and 23 Irving Street Salem,MA 01970 was filed electronically-with the Massachusetts Department of Environmental Protection(MADEP). These documents are available online httl)://I)ublic.dep.state.ma.us/SearchableSites2/Search.aspx using the Release Tracking Number(RTN)3-32128. This public notification is provided pursuant to the Massachusetts Contingency Plan,310 CMR 40.0000. Should you have any questions,please call anytime. Respectfully submitted, DeRosa Environmental Consulting,Inc. Michael J.DeRosa,LSP Principal—DeRosa Environmental Consulting,Inc. Biological Treatment System Design,MCP Permits,Wetland Restoration,Pond Management&Ecological Services Page 1 RECEIVED MAY 012017 CITY OF BOARD OF HEALTH ®FROM Environmental \ / CONSULTING, INC. 167 Main Street,PO Box 716,Rowley Massachusetts 01969USA 978948-7717Office - 978949-7718 Fax APRIL 27,2017 Health Department 120 Washington Street Salem MA,MA 01970 RE: Notice to Public Officials of Submittal of: Phase IV Remedial Implementation Plan and Report 16,18,24 Phillips Street&23 Irving Street Salem MA 01970 MADEP RTN: 3-32128 Dear Sir: The purpose of this letter is to inform you that on April 27,2017 a Phase IV Remedial Implementation Plan and Report for 16,18,24 Phillips Street and 23 Irving Street Salem,MA 01970 was filed electronically with the Massachusetts Department of Environmental Protection(MADEP). The Implementation Plan describes the removal of a portion of the contaminated soil from the site and the burial of the remaining soil at the site beneath a Massachusetts Contingency Plan(MCP)compliant engineered barrier. The work is expected to commence in mid-May and take several months. A full Health and Safety Plan for on-site workers is included as an Appendix to the Phase IV report. Full details on the Phase IV Plan are available online at this link:. http://public.dep.state.ma.us/SearchableSites2/Search.aspxx Use the Release Tracking Number(RTN) 3-32128 to access this Phase IV report and to access all the filings concerning this site. This public notification is provided pursuant to the Massachusetts Contingency Plan, 310 CMR 40.0000. Should you have any questions,please call anytime. Respectfully submitted, DeRosa Environmental Consulting,Inc. Michael J.DeRosa,LSP Principal—DeRosa Environmental Consulting,Inc. Biological Treatment System Design,MCP Permits,Wetland Restoration,Pond Management&Ecological Services Page 1 DEROSAl� Environmental IN IC.. INC. 167 Main Street,PO Box 716,Rowley M9a�sgsa�777c]]]h���ugs�etts 01969USA 978948-7717 Office - 978 1-1 LIVED MAR 132017 MARCH 7,2017 CITY OF SALEM Health Department BOARD OF HEALTH 120 Washington Street Salem MA, MA 01970 ATTN: Health Department Officials: RE: Notice to Public Officials of Submittal of: Immediate Response Action Sixth Status Report(IRA) 16,18,24 Phillips Street& 23 Irving Street Salem MA 01970 MADEP RTN: 3-32128 Dear Sir: The purpose of this letter is to inform you that on March 7,2017 an Immediate Response Action(IRA)Sixth Status Report for 16, 18,24 Phillips Street and 23 Irving Street Salem,MA 01970 was filed electronically with the Massachusetts Department of Environmental Protection(MADEP). These documents are available online http://public.dep.state.ma.us/SearchableSites2/Search.aspxx using the Release Tracking Number(RTN)3-32128. This public notification is provided pursuant to the Massachusetts Contingency Plan,310 CMR 40.0000. Should you have any questions,please call anytime. Respectfully submitted, DeRosa Environmental Consulting,Inc. Michael J. DeRosa,LSP Principal—DeRosa Environmental Consulting,Inc. Biological Treatment System Design,MCP Permits,Wetland Restoration,Pond Management&Ecological Services Page 1 p � 12 n �gyp ® DEROSA �� sFP ,2 Environmental 2(J p CONSULTING, INC. � pp LrryO �u 167 Main Stree t,PO Box 716,Rovl ey Massachusetts 01969USA Opal OF N'�Cr),/ 978948-7717 Office -978 94 8-7718 Fax EplTy SEPTEMBER 8,2016 Health Department 120 Washington Street Salem MA,MA 01970 ATTN:Health Department Officials: RE: Notice to Public Officials of Submittal of Immediate Response Action Fifth Status Report(IRA) 16,18,24 Phillips Street& 23 Irving Street Salem MA 01970 MADEP RTN: 3-32128 Dear Sir: The purpose of this letter is to inform you that on September 8,2016 an Immediate Response Action(IRA) Fifth Status Report for 16, 18,24 Phillips Street and 23 Irving Street Salem,MA 01970 was filed electronically with the Massachusetts Department of Environmental Protection(MADEP). These documents are available online http://public.dep.state.ma.us/SearchableSites2/Search.asp using the Release Tracking Number(RTN)3-32128. This public notification is provided pursuant to the Massachusetts Contingency Plan,310 CMR 40.0000, Should you have any questions,please call anytime. Respectfully submitted, DeRosa Environmental Consulting,Inc. #A?W� Michael J.DeRosa,LSP Principal—DeRosa Environmental Consulting,Inc. Biological Treatment System Design,MCP Permits,Wetland Restoration,Pond Management&Ecological Services Page 1 '4 DEROSA Environmental ' I0 F10 CONSULTING, I C PPO 167 Main Street,PO Box 716,Rowley Massachusetts 01969 USA 979948-7717 office - 978948-7718 Fax SEPTEMBER 11,2015 Heath Department 120 Washington Street Salem MA,MA 01970 ATTN: Health Department Officials: RE: Notice to Public Officials of Submittal of: Immediate Response Action (IRA) Third Status Report 16, 18,24 Phillips Street&23 Irving Street Salem,MA 01970 MADEP RTN: 3-32128 Dear Sir: The purpose of this letter is to inform you that on September 11,2015 an Immediate Response Action(IRA) Third Status Report for 16, 18,24 Phillips Street and 23 Irving Street Salem, MA 01970 was filed electronically with the Massachusetts Department of Environmental Protection(MADEP). These documents are available online hM:Hpublic.dep.state.ma.us/SearchableSites2/Search.asp using the Release Tracking Number(RTN)3-32128. This public notification is provided pursuant to the Massachusetts Contingency Plan,310 CMR 40.0000. Should you have any questions,please call anytime. Respectfully submitted, DeRosa Environmental Consulting,Inc. Michael J. DeRosa, LSP Principal—DeRosa Environmental Consulting,Inc. Biological Treatment System Design,MCP Permits,Wetland Restoration,Pond Management&Ecological Services Page I Trelfa Labs,Inc. 6 Merrill Street, Unit 4 1tralfala Salisbury,MA 01952 888-807-2522 \ „"• www.trelfalabs.com --- MA DAIRY LAB t10023 Christiana Kroondyk Report Date: 9/21/2015 Salem Screamery 60 Washington Street Batch:5666 Salem,MA 01970 Received: 9/6/2015 USA Collected: 9/4/2015 Dairy Testing Thresholds: Soft Ice Cream and Fozen yogurt:Total Aerobic Count:50,000 CFU/g Coliform Count:50 CFU/g Hard Frozen Ice Cream:Total Aerobic Count:50,000 CFU/g Coliform Count:20 CFU/g Misc.Additional Information:ND=Not Detected,LE=Laboratory Error,TNTC=Too Numerous to Count Total Plate Count CFU/g Coliform CFU/g Sample ID/Description AOAC 990.12 AOAC 991.14 1509211056 400 <1 Chocolate Hard Serve PASS 1509211057 600 <1 Banana Nutelle w/Peanut Butter Cup PASS Jon Trelfa, Lab Director Page 1 of 1 ��� DEROo�ental \l C APR Y 3 2 �� CONSULTING, INC. lTy 015 7Main Street,PO Box 716,Row ey Ma sadw etts 01969 USA a�gRo oFs'9 �M 978948-7717O Office - 978948-7718 Fax H�CTy APRIL 8,2015 Heath Department 120 Washington Street Salem MA,MA 01970 ATTN:Health Department Officials: RE: Notice to Public Officials of Submittal of Revised Release Notification Form,18,24 Phillips Street&23 Irving Street Salem MA 01970 MADEP RTN: 3-32128 Dear Health Official: The purpose of this letter is to inform you that on September 17,2014 a Revised Release Notification Form for 16, 18,24 Phillips Street and 23 Irving Street Salem,MA 01970 was filed electronically with the Massachusetts Department of Environmental Protection(MADEP). These documents are available online http://public.dep.state.ma.us/SearchableSites2/Search.asp using the Release Tracking Number(RTN)3-32128. This public notification is provided pursuant to the Massachusetts Contingency Plan, 310 CMR 40.0000. Should you have any questions,please call anytime. Respectfully submitted, DeRosa Environmental Consulting,Inc. *WZ/L/— Michael J.DeRosa,LSP Principal—DeRosa Environmental Consulting,Inc. Biological Treatment System Design,MCP Permits,Wetland Restoration,Pond Management&Ecological Services Page 1 ' APR 2 7 'Z015 �LS�O�J� 1� CITY OF SALEM BOARD OF HEALTH Environmental CONSULTING, INC. 167 Main Street,PO Box 716,Rowley Massachusetts 01969 USA 978948-7717Office -978948-7719 fax APRIL 24,2015 Heath Department 120 Washington Street Salem MA, MA 01970 ATTN: Health Department Officials: RE: Notice to Public Officials of Submittal of Tier 1 Classification Statement and Report 16, 18,24 Phillips Street&23 Irving Street Salem,MA 01970 MADEP RTN: 3-32128 Dear Sir: The purpose of this letter is to inform you that on April 23,2015 a Tier 1 Classification Statement and Report for 16, 18,24 Phillips Street and 23 Irving Street Salem,MA 01970 was filed electronically with the Massachusetts Department of Environmental Protection(MADEP). These documents are available online http://public.dep.state.ma.us/SearchableSites2/Scarch.aspx using the Release Tracking Number(RTN)3-32128. Also,pursuant to 310 CMR 40.1403(6),we are enclosing with this letter a copy of the public notice that will run in the Salem News describing the Tier 1 classification;and a copy of the disposal map for this hazardous waste site which was included in the Phase 1 Report previously filed for this site. The Phase 1 report may be viewed online at: htto://I)ublic.del).state.ma.us/SearchableSites2/Search.aspx using the Release Tracking Number(RTN)3-32128. This public notification is provided pursuant to the Massachusetts Contingency Plan,310 CMR 40.0000. Should you have any questions,please call anytime. Respectfully submitted, DeRosa Environmental Consulting, Inc. Michael J.DeRosa,LSP Principal—DeRosa Environmental Consulting,Inc. Biological Treatment System Design,MCP Permits,Wetland Restoration;Pond Management&Ecological Services Page 1 No.23 78.1/ ,^�^^ ^�-s, � Figure 2a. Disposal Site Definition 2-STORY aG� aMH MassDEP RTN: 3-32128 RIM=76.4 +759 16, 18, and 24 Phillips Street, Salem, MA f�n +8'7 GRASS N 16' +767 C +A$ .gSOW A. &SHARON L. +J6.9 +.76.5 `GO C NOW OR FORMERLY 6'1 g• i CONNOLLY (2) 19• +]6.1 No.23 �. 8.8• / 6.5 7 BR=I 2-STORY NUOO o- +77.2 - + 6 74.9,y�L'V" 7&7 ROOF C ]4.. 1 5hed Removed / 12• + +762 6.0-101.9 4 + JUIy 17,2074 6r O /] +79.6 m` cues o NOY25: + -7 77.3+FMgWI I ;l, B]4. +6°4 14 1. The disposal site has been defined as 16, 18,and 24 NOW OR FORMERLY Phillips Street at this time. 1N IE TOOLAN, KA7MRM L E - ^"e\ 77 24\ 1 0 / P 'nSTA, &PERRY KRASOW I ` ]8. \ +\ CRETE / PAD-SHED 8 \ �6• 6 x REMAINS +75.0 WOOD RAME 1,� j1�r2i� � GARAGE 'n + NOW . d6.d �t ` ,TWIN F. H ley +74.9 `q" +dg..4 II i .r Shed Removed July 17,2014 GARAGE, L' 2-STORY M000 1 12-20- ROOF ` \ l I GRASS /fi.6l .. =1232 70/ .. \ . \ � r� 85D 1 2 \� \ /30Z i!/ ar.® r 9 5/I, 'C +BS9 ` C S7EPSALK \\ 8)�r \ \12'�I CON RE7 3)B• < \ +97.) WOOD lass PADt; S 7EPS ^ /� \ ^^c\\ 'GA]F' +90.6 R,205 \\�` ��^R vV STW& �� P 9. =Disposal Site Boundary O10• Ne.lB '7 ^ _�. $).fi' NOWDY 6 d r 92.11 'S 9^^ 36• / 2-STORY WOOD f / ROOF `` _-_1. A J 24"� / �C RGGF /91.7 .) S]fpS =1209 /^�'. / No.I6 lLj1p HRES =93 / 2-STORrWOOD / Y M1D/LK4/21/2015 S 9f.4. r r N.14 / 2-WOOD STORYEi DERO(�A 9MH 1� ^� 90.9 S `` MM=926 �-S- 88.9 8 �i,1� Environmental \1/ 88.o B3J CONSULTING,INC. ` 167MainStreLPOBm716,Ro Ax,MassachvsG 01969 USA 978998-77170ffice-970998-9718 Fax NOTICE OF TIER CLASSIFICATION 16,18,24 Phillips Street& 23 Irving Street,Salem,MA 01970 RELEASE TRACKING NUMBER 3.32128 A release of oil and/or hazardous materials has occurred at this location, which is a disposal site as defined by M.G.L.C.21 E,§2 and the Massachu- setts Contingency Plan,310 CMR 40,0000.To evaluate the release,a Phase I Initial Site Investigation was performed pursuant to 310 CMR 40,0480, The site has been classified as Tier I pursuant to 310 CMR 40.0500. On April 23,2015,DeRosa Environmental Consulting filed a Tier 1 Classification Submittal with the Department of Environmental Protection (MassDEP). To obtain more information on this disposal site, please contact Michael DeRosa, Principal.and Licensed Site Professional,DeRosa Environmental Consulting Inc., 167 Main Street, PO Box 716, Rowley, MA 01969 (978) 948-7717,or mlchaelderosajQgmail.com. The Tier Classification Submittal and the disposal site file can be viewed at MassDEP webslte http://public.dep.state.ma.us/SearchableSites2/ Search.aspx. Upon accessing the website please use the using Release Tracking Number(RTN) 3-32128 when prompted. The file may also be viewed at MassDEP,•Regional Office,205E Lowell Street,Wilmington, MA 01887. Please call(978)694-3200 to make arrangements to view the file at the Regional Office.Additional public involvement opportunities are avail- able under 310 CMR 40.1403(9)and 310 CMR 40.1404. SN-4/24/15 r , DEROSA 1 Environmental \� CONSULTING, INC: 167 Main Street,PO Box 716,Rowley Massachusetts 01969USA 978949-7717 Office - 979948-7719 Fax SEPTMEBER 17,2014 Heath Department 120 Washington Street Salem MA,MA 01970 ATTN:Health Department Officials: RE: Notice to Public Officials of Submittal of Revised Release Notification Form 16,18, 24 Phillips Street&23 Irving Street Salem MA 01970 MADEP RTN: 3-32128 Dear Sir: The purpose of this letter is to inform you that on September 17,2014 a Revised Release Notification Form for 16, 18,24 Phillips Street and 23 Irving Street Salem,MA 01970 was filed electronically with the Massachusetts Department of Environmental Protection(MADEP). These documents are available online http://i)ublic.dep.state.ma.us/SearchableSites2/Search.aspx using the Release Tracking Number(RTN)3-32128. This public notification is provided pursuant to the Massachusetts Contingency Plan,310 CMR 40.0000. Should you have any questions,please call anytime. Respectfully submitted, DeRosa Environmental Consulting,Inc. Michael J.DeRosa,LSP Principal—DeRosa Environmental Consulting,Inc. Biological Treatment System Design,MCP Permits,Wetland Restoration,Pond Management&Ecological Services Page 1 Massachusetts Department of Environmental Protection BWSC 103 Bureau of Waste Site Cleanup 7�JRELEASE NOTIFICATION&NOTIFICATION Release Tracking Number RETRACTION FORM Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C) A.RELEASE OR THREAT OF RELEASE LOCATION: 1.Release Name/Location Aid: RESIDENCE 2.Street Address: 24 PHIWPS STREET 3.City/Town: SALEM - 4.ZIP Code: 019700000 5.Coordinates: a.Latitude:N 42.52600 b.Longitude:W 70.91127 B. THIS FORM IS BEING USED TO: (check one) 1.Submit a Release Notification r 2.Submit a Revised Release Notification - r 3.Submit a Retraction of.a Previously Reported Notification of a release or threat of release including supporting documentation required pursuant to 310 CMR 40.0335(Section C is not required) (All sections of this transmittal form must be filled out unless otherwise noted above) C. INFORMATION DESCRIBING THE RELEASE OR THREAT OF RELEASE (TOR): 1.Date and time of Oral Notification,if applicable: 8/29/2014 Time: 11:00 r AM ❑PM mm/dd/yyyy hh:mm 2.Date and time you obtained knowledge of the Release or TOR: 8/29/2014 Time: 09:00 r AM r PM . mm/dd/yyyy hh:mm 3.Date and time release or TOR occurred,if known: Time: ❑AM ❑PM mm/dd/yyyy hh'= Check all Notification Thresholds that apply to the Release or Threat of Release: (for more information see 310 CMR 40.0310-40.0315) 4.2 HOUR REPORTING CONDITIONS 5.72 HOUR REPORTING CONDITIONS 6.120 DAY REPORTING CONDITIONS a.Sudden Release r a.Subsurface Non-Aqueous Phase G a.Release of Hazardous Material(s)to Liquid(NAPL)Equal to or Greater than Soil or Groundwater Exceeding 1/21nch(.04 feet) Reportable Concentration(s) ❑ b.Threat of Sudden Release 2 b.Underground Storage Tank(UST) ❑ b.Release of Oil to Soil Exceeding Release Reportable Concentration(s)and Affecting More than 2 Cubic Yards r c.Oil Sheen on Surface Water r c.Threat of UST Release r c.Release of Oil to Groundwater Exceeding Reportable Concentration(s) r d.Poses Imminent Hazard r d.Release to Groundwater near Water ❑ d.Subsurface Non-Aqueous Phase Supply Liquid(NAPL)Equal to or Greater than 1/8 Inch(.01 feet)and Less than 1/2 Inch (.04 feet) e.Could Pose Imminent Hazard r e.Substantial Release Migration r I.Release Detected in Private Well r g.Release to Storm Drain It.Sanitary Sewer Release (Imminent Hazard Only) Revised:07/18/2013 Pagel of 3 Massachusetts Department of Environmental Protection BWSC 103 Bureau of Waste Site Cleanup RELEASE NOTIFICATION&NOTIFICATION Release Tracking Number (4 RETRACTION FORM 32128 t Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371 (Subpart C) C. INFORMATION DESCRIBING THE RELEASE OR THREAT OF RELEASE (TOR): (cont.) 7.List below the Oils(0)or Hazardous Materials(HM)that exceed their Reportable Concentration(RC)or Reportable Quantity(RQ)by the . greatest amount. FJ Check here if an amount or concentration is unknown or less than detectable. O or HM Released CAS Number, O or HM Amount or Units RCs Exceeded,if Applicable if known Concentration (RCS-1,RCS-2,RCGW-1, RCGW-2) PCB(AROCLOR 12-14) Hd 27300 UO/0 RCS-1 Check here if a list of additional Oil and Hazardous Materials subject to reporting,or any other documentation relating to this notification is attached. D. PERSON REQUIRED TO NOTIFY: 1.Check all that apply: Ca.change in contact name C b.change of address C c.change in the person notifying 2.Name of Organization: 3.Contact First Name: ILENE 4.Last Name: SIMONS 5.Street: 79 SCHOOL ST 6.Title: TRUSTEE 7.City/Town: SALEM 8.State: MA 9.ZIP Code: 019702376 10.Telephone: 1 L Ext.: 12.Email: isimons@mmcnst.net r, 13.Check here if attaching names and addresses of owners of properties affected by the Release or Threat of Release,other than an owner who is submitting this Release Notification(required). E.RELATIONSHIP OF PERSON TO RELEASE OR THREAT OF RELEASE: r Check here to change relationship r 1.RP or PRP C a.Owner r b.Operator r c.Generator F-d.Transporter r e.Other RP or PRP Specify: NON-SPEGREDPRP C 2.Fiduciary,Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21 E,s.2) ❑3.Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21 E,s.50)) 4.Any Other Person Otherwise Required to Notify Specify Relationship: Revised:07/18/2013 Page 2 of 3 Massachusetts Department of Environmental Protection BWSC 103 Bureau of Waste Site Cleanup RELEASE NOTIFICATION&NOTIFICATION Release Tracking Number RETRACTION FORM 0 32128 1 Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371(Subpart C) F. CERTIFICATION OF PERSON REQUIRED TO NOTIFY: I.I, ILENE SIMONS ,attest under the pains and penalties of perjury(i)that 1 have personally examined and am familiar with the information contained in this submittal,including any and all documents accompanying this transmittal form,(ii)that,based on my inquiry of those individuals immediately responsible for obtaining the information,the material information contained in this submittal is,to the best of my knowledge and belief,true,accurate and complete,and(iii)that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal.I/the.person or entity on whose behalf this submittal is made am/is aware that there are significant penalties,including,but not limited to,possible fines and imprisonment,for willfully submitting false, inaccurate,or incomplete information. 2.By: ILENESIMONS 3.Title: TRUSTEE Signature 4.For: ILENE SIMONS 5.Date: 9/17/2014 (Name of person or entity recorded in Section D) mm/dd/yyyy r 6.Check here if the address of the person providing certification is different from address recorded in Section D. - 7.Street: 8.City/Town: 9.State: 10.ZIP Code: 11.Telephone: 12.Ext: 13.Email: YOU ARE SUBJECT TO ANNUAL COMPLIANCE ASSURANCE FEES FOR EACH BILLABLE YEAR FOR TIER CLASSIFIED DISPOSAL SITES.YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE.IF YOU SUBMIT AN INCOMPLETE FORM, YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE. , Date Stamp(DEP USE ONLY:) Received by DEP on 9/17/201410:50:01 AM Revised:07/18/2013 . Page 3 of 3 DEROSA Environmental ' CONSULTING, INC: 167 Main Street,PO Box 716,Rowley Massachusetts 01969USA 978948-77170ffice - 978948-7718 Fax SEPTMEBER 17,2014 Heath Department 120 Washington Street Salem MA,MA 01970 ATTN:Health Department Officials: RE: Notice to Public Officials of Submittal of Immediate Response Action Status Report (IRA)16,18,24 Phillips Street&23 Irving Street Salem MA 01970 MADEP RTN: 3-32128 Dear Sir: The purpose of this letter is to inform you that on September 17,2014 an Immediate Response Action(IRA) Status Report for 16, 18,24 Phillips Street and 23 Irving Street Salem,MA 01970 was filed electronically with the Massachusetts Department of Environmental Protection(MADEP). These documents are available online http://public.dep.state.ma.us/SearchableSites2/Search.asp using the Release Tracking Number(RTN)3-32128. This public notification is provided pursuant to the Massachusetts Contingency Plan,310 CMR 40.0000. Should you have any questions,please call anytime. - Respectfully submitted, DeRosa Environmental Consulting,Inc. Michael J.DeRosa,LSP Principal—DeRosa Environmental Consulting,Inc. Biological Treatment System Design,MCP Permits,Wetland Restoration,Pond Management&Ecological Services Page 1 ®EROSA roc o, z® Environmental \1�/ CI 9 Z©14 CONSULTING, INC: gOA D OF i GM 2Central Street,Second Floor,Ipswich Massachusetts 01938 USA N�L_TH 978356-5408 Office -978 356-4211 Fax JULY 1,2014 Heath Department 120 Washington Street Salem MA,MA 01970 ATTN:Health Department Officials: RE: Notice to Public Officials of Submittal of Release Notification Form_M-18,242, Phillips-Street-street -Iry ingyStreet Salem MA 01970 MADEP RTN: 3-32128 Dear Sir: The purpose of this letter is to inform you that on June 24,2014 a Release Notification Form for 16,18,24 Phillips Street and 23 Irving Street Salem,MA 01970 was filed electronically with the Massachusetts Department of Environmental Protection(MADEP). These documents are available online http://public.del2.state.ma.us/SearchableSites2/Search.asp using the Release Tracking Number(RTN)3-32128. This public notification is provided pursuant to the Massachusetts Contingency Plan, 310 CMR 40.0000. Should you have any questions,please call anytime. Respectfully submitted, DeRosa Environmental Consulting,Inc. Michael J.DeRosa,LSP Principal—DeRosa Environmental Consulting,Inc. Biological Treatment System Design,MCP Permits,Wetland Restoration,Pond Management&Ecological Services Page 1 Massachusetts Department of Environmental Protection BWSC 103 y_ Bureau of Waste Site Cleanup RELEASE NOTIFICATION&NOTIFICATION Release Tracking Number RETRACTION FORM 32128 . Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371(Subpart C) A.RELEASE OR THREAT OF RELEASE LOCATION: 1.Release Name/Location Aid: RESDBdCE - 2.Street Address: 24 PHIWPS STREET 3.City/Town: SALEM 4.ZIP Code: 019700000 5.Coordinates: a.Latitude:N 42,52578 b.Longitude:W 70.91097 B. THIS FORM IS BEING USED TO: (check one) r 1.Submit a Release Notification ❑ 2.Submit a Revised Release Notification 3.Submit a Retraction of a Previously Reported Notification of a release or threat of release including supporting documentation required pursuant.to 310 CMR 40.0335(Section C is not required) (All sections of this transmittal form must be filled out unless otherwise noted above) C. INFORMATION DESCRIBING THE RELEASE OR THREAT OF RELEASE(TOR): 1.Date and time of Oral Notification,if applicable: 4/25/2014 Time: 09:23 r AM ❑PM mm/dd/yyyy hh:mm 2.Date and time you obtained knowledge of the Release or TORN 4/25/2014 Time: 09:23 [AM IJ PM mm/dd/yyyy hh:mm 3.Date and time release or TOR occurred,if known: Time: ❑AM E PM mm/dd/yyyy hh:mm Check all Notification Thresholds that apply to the Release or Threat of Release: (for more information see 310 CMR 40.0310-40.0315) - 4.2 HOUR REPORTING CONDITIONS 5.72 HOUR REPORTING CONDITIONS 6. 120 DAY REPORTING CONDITIONS ❑ a. Sudden Release r a.Subsurface Non-Aqueous Phase ❑ a.Release of Hazardous Material(s)to - Liquid(NAPL)Equal to or Greater than Soil or Groundwater Exceeding 1/2 Inch(.04 feet) Reportable Concentration(s) ❑ b:Threat of Sudden Release ❑ b.Underground Storage Tank(UST) b.Release of Oil to Soil Exceeding Release Reportable Concentrations)and Affecting More than 2 Cubic Yards r c.Oil Sheen on Surface Water ❑ c.Threat of UST Release _ r c.Release of Oil to Groundwater - Exceeding Reportable Concentration(s) ❑ d.Poses Imminent Hazard ❑ d.Release to Groundwater near Water F- d.Subsurface Non-Aqueous Phase Supply Liquid(NAPL)Equal to or Greater than 1/8 Inch(O] feet)and Less than 1/2 Inch (.04 feet) r e.Could Pose Imminent Hazard ❑ e.Substantial Release Migration ❑ f.Release Detected in Private Well ❑ g.Release to Storm Drain ❑ h.Sanitary Sewer Release (Imminent Hazard Only) Revised:07/18/2013 Page I of Massachusetts Department of Environmental Protection BWSC 103 `r Bureau of Waste Site Cleanup RELEASE NOTIFICATION&NOTIFICATION Release Tracking Number � 32128 RETRACTION FORM Pursuant to 310 CMR 40.0335 and 310 CMR 40.0371(Subpart C) C. INFORMATION DESCRIBING THE RELEASE OR THREAT OF RELEASE(TOR): (cont.) 7.List below the Oils(0)or Hazardous Materials(HM)that exceed their Reportable Concentration(RC)or Reportable Quantity(RQ)by the greatest amount. ❑Check here if an amount or concentration is unknown or less than detectable. O or HM Released CAS Number, O or HM Amount or Units RCs Exceeded,if Applicable if known Concentration (RCS-1,RCS-2,RCGW-1, RCGW-2) LEAD FM 4850 MG/KG RCS-1 ARESENIC FM 58.5 MG/KG RCS-1 _ MERCURY FM 39.1 MG/KG RCS-1 CADMIUM FM 75.0 MGIKG RCS-1 r Check here if a list of additional Oil and Hazardous Materials subject to reporting,or any other documentation relating to this notification is attached. D. PERSON REQUIRED TO NOTIFY: 1.Check all that apply: ❑a.change in contact name ❑b.change of address ❑c.change in the person notifying 2.Name of Organization: 3.Contact First Name: ILENE 4.Last Name: SIMONS 5.Street: - 79 SCHOOL STREET 6.Title: 7.City/Town: SALEM 8.State: MA 9.ZIP Code: 019700000 10.Telephone: 11.Ext.: 12.Email: 13.Check here if attaching names and addresses of owners of properties affected by the Release or Threat of Release,other than an owner who is submitting this Release Notification(required). E.RELATIONSHIP OF PERSON TO RELEASE OR THREAT OF RELEASE: ❑Check here to change relationship r 1.RP or PRP ❑a.Owner ❑b.Operator ❑c.Generator r d.Transporter r e.Other RP or PRP Specify: NON-SPECIFIED PRP 2.Fiduciary,Secured Lender or Municipality with Exempt Status(as defined by M.G.L.c.21E,s.2) FJ 3.Agency or Public Utility on a Right of Way(as defined by M.G.L.c.21E,s.50)) 4.Any Other Person Otherwise Required to Notify Specify Relationship: Revised:07/18/2013 Page 2 of 3 Massachusetts Department of Environmental Protection BWSC 103 ~� Bureau of Waste Site Cleanup RELEASE NOTIFICATION&NOTIFICATION Release Tracking Number RETRACTION FORM 3� 32128 11 Pursuant to 310 CMR 40.0335 and 310 CMR 40;0371 (Subpart C) F. CERTIFICATION OF PERSON REQUIRED TO NOTIFY: 1.I, ILENE SIMONS ,attest under the pains and penalties of perjury(i)that I have personally examined and am familiar with the information contained in this submittal,including any and all documents accompanying this transmittal form,(ii)that,based on my inquiry of those individuals immediately responsible for obtaining the information,the material information contained in this submittal is,to the best of my knowledge and belief,true,accurate and complete,and(iii)that I am fully authorized to make this attestation on behalf of the entity legally responsible for this submittal.I/the person or entity on whose behalf this submittal is made am/is aware that there are significant penalties,including,but not limited to,possible fines and imprisonment,for willfully submitting false, inaccurate,or incomplete information. 2.By: ILENE SIMONS 3.Title: Signature 4.For: ILENE SIMONS 5.Date: 6/24/2014 (Name of person or entity recorded in Section D) mm/dd/yyyy ❑ 6.Check here if the address of the person providing certification is different from address recorded in Section D. 7.Street: 8.City/Town: 9.State: 10.ZIP Code: 11.Telephone: 12.Ext.: 13.Email: YOU ARE SUBJECT TO ANNUAL COMPLIANCE ASSURANCE FEES FOR EACH BILLABLE YEAR FOR TIER CLASSIFIED DISPOSAL STIES.YOU MUST LEGIBLY COMPLETE ALL RELEVANT SECTIONS OF THIS FORM OR DEP MAY RETURN THE DOCUMENT AS INCOMPLETE.IF YOU SUBMIT AN INCOMPLETE FORM,YOU MAY BE PENALIZED FOR MISSING A REQUIRED DEADLINE. Date Stamp(DEP USE ONLY:) Received by DEP on 624/2014 12:31:27 PM Revised:07/18/2013 Page 3 of 3 CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH • KIMBERLEY DRISCOLL 120 WASHINGTON STREET,4"'FLOOR MAYOR TEL.(978)741-1800 FAx(978)745-0343 LARRY RAMDIN,RS/REHS,CHO,CP-FS LRAMDINna SALEM.COM HEALTH AGENT COMPLAINT INTAKE FORM Date: n ) Time: OL A Received By: t p Complaint Number: 1458 Complainant C ZZ 1 Address:. �MAC, Phone: Investigated By: Date: Property Owner/Occupant Name Telephone #: • I CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH • KIMBERLEY DRISCOLL 120 WASHINGTON STREET,4T'FLOOR MAYOR TEL.(978)741-1800 FAX(978)745-0343 LARRY RAMDIN,RS/REHS,CHO,CP-FS LRAMDIN(a)SALEM.COM HEALTH AGENT COMPLAINT INTAKE FORM Date: r Time: ,lj �� Received By: Complaint Number: 1338 Complainant�`�nP�n re (A )n AA y-1 t 5 'Address: l `^P/I�� S� Phone:' 475-W& I coy&ym ace V\ `(�l'S�Q— � A- (� I P�1�5 GPe 1(c C1S � �i-\ � �i5S7��U. �ti� G�c/� y�( ,cJfyG� ��,yC✓I C I VI l4 b1,� Investigated By:� (�ct� fsp�t. Date: 10 -L7- k Property Owner/Occupant Name Telephone #: o• CITY OF SALEM, Mr1SSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET,4"`FLOOR PablicHeaIth ft. .,. P,m«t. TEL. (978) 741-1800 FAX(978) 745-0343 KIMBERLEY DRISCOLL lramdinCy salem.com LNtRY 7L\n1D1N,RS/ItLFIS,CHO,CP-IGS MAYOR Hl.'Aurl-i AGENT November 1, 2013 Talkowsky Realty Trust 3 Devereaux Ave Salem, MA 01970 VIA CERTIFIED MA 701 7640000233 �'c, rtrt�I �'u�Ifea, �ct(K�iwS� Dear Sir/Madam: In accordance with Chapter III, Sections 127A and 127E of the Massachusetts General Laws, 105 CMR 400,00; State Sanitary Code,Chapter 1:General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property 16 PhillipsStreet#1, permitted by occupant Frank Emma,conducted by Elizabeth Gagakis, Sanitarian on October 212013 at 2:00pm. 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 Board of Health at 978-741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report.Any items cited under section 410.352(a)must be corrected as cited by the tenant(s). 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 Trial 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 and investigation reports,orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. For the Board of Health Reply to: a m in Elizabeth Gagakis H Ith Agent Sanitarian LR/eg cc: Tenant 16 PHILLIPS STREET TENANT SPACE Tenant: Frank Emma owner: Talkowsky Realty Trust City of Salem 16 Phillips St #1 3 Devereaux Avenue Salem, MA 01970 Salem, MA 01970 Mass Housing (Health) - Inspection Compliance? Code Int/Ext Floor Unit No Area Repair Code Repair By Owner/ Manager: iTALKOWSKY REALTY TRUST 1. ❑ 410.500 Interior 1 1 Kitchen Violation:Windows,Floors,doors,ceilings,roof in good condition Parcel Id:1 #of Units: Notes:One kitchen window does not stay up when opened.Repair window to be in proper working condition. 6-0253 Inspector: Owner to correct this violation within 14 days. Elizabeth Salandrea 2. ❑ 410.551(1) 1 Interior 1 1 IKitchen Status: Violation:Cover part of window designed to be open Open Notes:One kitchen window has a ripped screen.Repair screen so it is intact. Date& Time Requested: Oct 21, 2013 at Owner to correct this violation within 14 days. Date of Inspection: 3. ❑ 410.351(A) Interior 1 1 Kitchen Violation:Sinks,tubs/showers,toliets,heating equipment,gas pipes,water heating equipment,stove and ovens,electrical fixtures, Reinspect By: and wiring.The above equipment is maintained and in good working order. Notes:Kitchen light does not work and tenants state new bulb does not solve the problem.Repair light to proper working order. Reason For Inspection: Tenant Complaint owner to correct this violation within 14 days. 4. ❑ 410.351(A) I Interior 1 1 Bathroom Violation:Sinks,tubs/showers,toliets,heating equipment,gas pipes,water heating equipment,stove and ovens,electrical fixtures, and wiring.The above equipment is maintained and in good working order. Notes: Notes:Bathroom sink fills and drains very slowly.Repair/unclog drain so it is in working order and drains properly. Tenant: Frank Emma Owner to correct this violation within 14 days. 16 Phillips Street#1, Salem, MA 01970 m 5. ❑ 410.352(A) Interior 1 1 Bathroom S Violation:Occupant installed equipment installed in accordance with accepted plumbing,gas,heating and electrical standards Notes:Tenants washing machine drains into tub.Washing machine must be drained properly. Tenant to correct this violation within 14 days. 120 Washington Street,4th Floor*SALEM,MA*Phone:(978)741-1800*Fax:(978)745-0343 Gw'fMS®2013 Des Landers Municipal Solutions,Inc. Pagel of2 16 PHILLIPS STREET TENANT SPACE 6. ❑ 410.482 Interior 1 1 Violation:Smoke detectors provided and maintained Notes:There is no carbon monoxide detector in the unit.Provide a working CO detector within ten feet of every sleeping area. Owner to correct this violation within 24-48 hours. 7. ❑ 410.551(1) Interior 1 1 1-Ningroom Violation:Cover part of window designed to be open Notes:There is a ripped window screen in the middle IhAngroom.Repair screen so it is intact. Owner to correct this violation within 14 days. 8. ❑ 410.551(1) Interior 1 1 Bathroom r iolation:Cover part of window designed to be open Notes:There is a ripped window screen in the bathroom.Repair screen so it is intact. Owner to correct this violation within 14 days. 9. ❑ 1410.500 Interior 1 1 Ifront Bedroom Violation:Windows,Floors,doors,ceilings,roof in good condition Notes:Bottom sash of one window in the front bedroom falls out.Repair so sash stays in place and is in working condition. Owner to correct this violation within 14 days. 10. ❑ 1410.482 1 Interior 1_ 1 1 Front Hall Violation:Smoke detectors provided and maintained Notes:Smoke detector in front hallway is missing a battery.Provide battery and ensure smoke detector is in working order. Owner to correct this violation within 24-48 hours. 120 Washington Street,4th Floor*SALEM,MA*Phone:(978)741-1800*Fax:(978)745-0343 GwTMS®2013 Des Lat riers Municipal Solutions,Inc. Page 2 of 2 LEGAL REMEDIES FOR TENANTS OF RESIDENTIAL HOUSING fHE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING ,ODE VIOLATIONS CORRECTED. 1. Rent Withholding(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. 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 knew 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.) !. Repair and Deduct(General Laws Chapter 111 Section 127L) The law sometimes allow 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 4he 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 rent in any year to make the repairs. Retaliatory Rent Increases or Evictions Prohibited(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 raised your rent or tries to evict within six months after you have made the complaint he or she 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 the damages if he or she tries this. Rent Receivership(General Laws Chapter 111 Section 127C-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. 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. Unfair and Deceptive Practices(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. iE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW. BEFORE YOU DECIDE TO WITHHOLD YOUR RENT . R TAKE ANY OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO . DNSULT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS: North Shore Community Action Programs Inc. Northeast Housing Court 98 Main Street 2 Appleton Street Peabody, MA 01960 Lawrence,MA 01840 (978)531-0767 (978)689-7833 • � s�. CITY OF SALEM, MASSACHUSETTS lu BOARD OF HEALTF1 120 WASHINGTON STREET,4"'FLOOR PablicHCalth Pttvent.Vmmotc.Protect. TEL. (978) 741-1800 FAX(978) 745-0343 1CMBE1ULEY DRISCOLL Iramdin@salem.com LARRY IteAMllL\,RS/RliFfS,CF[O,CA-FS MAYOR 14E:A7.n i AGE,N'f November 19, 2013 Talkowsky Realty Trust 3 Devereaux Avenue Salem, MA 01970 Dear Sir/Madam: In accordance with Chapter II of the State Sanitary Code, 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation, a re-inspection of your property located at 16 Phillips Street #1 was conducted by Elizabeth Gagakis, Sanitarian of the Salem Board of Health on November 19, 2013. All violations noted in the inspection report of November 1, 2013 have been corrected. Please notify the Board of Health when the replacement windows discussed have been installed. Thank you for your cooperation in this matter. For the Board of Health, Reply to: Larry Ramdin Elizabeth Gagakis Health Agent Sanitarian r IMPORTANT MESSAGE I ' FOR /L) Z DATE / I/I /L.3 TIME M OF 162 10Z °/ r PHONE 1 g (,M) AREA CODE NUMBER MENSION ❑FAX ❑ MOBILE AREA CODE NUMBER TIME TO CALL TELEPHONED PLEASE CALL CAME TO SEE YOU WILL CALL AGAIN: WANTS TO SEE YOU RUSHi RETURNED YOUR CALL WILL FAX TO YOU MESSAGE - � PJ G .f11At li Lha r�;vner� f �O1a� orll�I���3 SIGNED ONNERSAL. 48005 MADE IN U.S.A. NOTES I I � ` � U< CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET 4`FLOOR PablicHealth e Prevent.Promote.Protect TEL. (978) 741-1800 Fax(978)745-0343 KIMBERLEY DRISCOLL lramdin@salem.com LARTtY TtAMl7LN,RS/IiI:?kIS,CPLO,CP-P+S MAYOR HiiA1;1'H AGENT November 1,2013 Talkowsky Realty Trust 3 Devereaux Ave Salem, MA 01970 1 VIA CERTIFIED MAIL: 70121640 0002 3312 8703 Dear Sir/Madam: In accordance with Chapter III,Sections 127A and 127E of the Massachusetts General Laws, 105 CMR 400.00;State Sanitary Code,Chapter 1: General Administrative Procedures and 105 CMR 410.00:State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation,an inspection was conducted of the property 16 PhillipsStreet#1, permitted by occupant Frank Emma,conducted by Elizabeth Gagakis,Sanitarian on October 212013 at 2:00pm. 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 Board of Health at 978-741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report.Any items cited under section 410.352(a)must be corrected as cited by the tenant(s). 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 Trial 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 v the right to inspect and obtain copies of all relevant by an attorney. Please also be informed that you have g p P inspection and investigation reports,orders and other documentary information in the possession of this P 9 Board,and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. For the Board of Health Reply to: a m inElizabeth Gagakis H )th Agent Sanitarian LR/eg cc: Tenant 16 PHILLIPS STREET TENANT SPACE Owner: Talkowsky Realty Trust CityTenant: Frank Emma of Salem 16 Phillips St #1 3 Devereaux Avenue Salem, MA 01970 Mass Housing (Health) - Inspection Salem, MA o19�0 Compliance 9 Code IntlExt Floor Unit No Area Repair Code Repair By ®caner( anager �TALKOWS�aR��T�Y TRUST ':, t' �� 410.500 jInterior 1 t IKitchen G Violation:Windows,floor's,doors,ceilings,roof in good condition ejo Pia cel id: o Unrts. T?' "J R : Notes:One kitchen window does not stay up when opened.Repair window to be in proper working condition. a1�0253„. 4 I i Sp@C(or-' " .i Owner to correct this violation within 14 days. NE(.iza�bB_th381andrea,, 2. 410.551(1) 'Interior 1 1 Kitchen StB�US y 1. Violation:Cover part of window designed to be open s . Op n Notes:One kitchen window has a ripped screen.Repair screen so it is intact. Date �, r11e Reques ed, ;UCt 2r c °3 at Owner to correct this violation within 14 days. D3 a ,Ifl Ctlon: 3. 410.351(A) Interior 1 1 Kitchen Violation:Sinks,tubs/showers,toliets,heating equipment,gas pipes,water heating equipment,stove and ovens,electrical fixtures, R@l Spe t�, y. ,t. and wiring.The above equipment is maintained and in good working order. Notes:Kitchen light does not work and tenants state new bulb does not solve the problem.Repair light to proper working order. Reason F r In�p,,ect on T@ anf�'i0 lalrit Owner to correct this violation within 14 days. '' 4. 410.351(A) 1 ;Interior 1 1 Bathroom A-` Violation:Sinks,tubs/showers,toliets,heating equipment,gas pipes,water heating equipment,stove and ovens,electrical fixtures, and wiring.The above equipment is maintained and in good working order. k `NOte k Notes:Bathroom sink fills and drains very slowly.Repair/unclog drain so it is in working order and drains properly. T�2f�lanit Fral, ftlma: ''. Owner to correct this violation within 14 days. 16 IlrpsrSt� t1 5. � 410.352(A) i Interior 1 1 Bathroom Violation:Occupant installed equipment installed in accordance with accepted plumbing,gas,heating and electrical standards ?i Notes:Tenants washing machine drains into tub.Washing machine must be drained properly. Tenant to correct this violation within 14 days. 1 120 Washington Street,4th Floor*SALEM,MA*Phone:(978)741-1800*Fax:(978)745-0343 CeoTMS®2013 Des Landers Municipal Solutions,Inc. Pagel of 2 16 PHILLIPS STREET TENANT SPACE 6. 1410.482 .Interior 1 1 F - Violation:Smoke detectors provided and maintained Notes:There is no carbon monobde detector in the unit.Provide a working CO detector within ten feet of every sleeping area. l Owner to correct this violation within 24-48 hours. 7. 410.551(1) 1Interior 1 1 1 LhAngroom Violation:Cover part of window designed to be open Notes:There is a ripped'window screen In the middle lhAngroom.Repair screen so it is intact. Owner to correct this violation within 14 days. 8. / 410.551(1) !Interior 1 1 Bathroom rotation:Cover part of window designed to be open V Notes:There is a ripped window screen in the bathroom.Repair screen so it is intact. Owner to correct this violation within 14 days. 9. 410.500 Interior 1 1 front Bedroom Violation:Windows floors doors,ceilings,roof in good condition Notes:Bottom sash of one window in the front bedroom falls out.Repair so sash stays in place and is in working condition. Owner to correct this violation within 14 days. 10. 10011 410.482 !Interior 1 1 Front Hall Violation:Smoke detectors provided and maintained i Notes:Smoke detector in front hallway is missing a battery.Provide battery and ensure smoke detector is in working order. Owner to correct this violation within 24-48 hours. 120 Washington Street,4th Floor*SALEM,MA"Phone:(978)741-1800•Faz:(978)745-0343 CeoTMSO 2013 Des Lauriers Municipal Solutions,Inc. - Page 2 of 2 �� CITY OF SALEM, MASSACHUSETTS �_� BOARD OF HEALTH _ • KIMBERLEY DRISCOLL 120 WASHINGTON STREET,4T"FLOOR MAYOR TEL.(978)741-1800 FAX(978)745-0343 LARRY RAMDIN.RS/REHS,CHO,CP-FS LRAMDINn.SALEM.COM HEALTH AGENT COMPLAINT INTAKE FORM Date: Time: _ Received By: Complaint Number: 0716 Complainant �� n �' G� Address: f(o �1 p �775 �p 1 Phone//: f 2e(00) 3 1 SN�� (�' nrx J • Investigated By: Date: Property Owner/Occupant Name Telephone#: CAPITOL REALTY GROUP, INC. 80 C14ARLES ST. BOSTON, MA 02114 TEL (617) 523-2399 FAX (617) 723-7039 APARTMENTS-SALES-MANAGEMENT-DEVELOPMENT December 7, 2009 Elizabeth Salandreap, City of Salem 120 Washington Street Salem, MA i�ftg RE: 16 Phillips Street, Salem, MA Dear Inspector Salandrea, Please be advised all alleged violations have been repaired. Please note tenants are in arrears in their rent and used this opportunity to delay paying. Please re-inspect at your conv ience. Re Jeff r cc Ta s i Family Trust 1n.oI'.aparZnunlsboslon.can (Domestic7— U.S. Postal Service CERTIFIED MAIL RECEIPT M1 ru N Postage $ Certified Fee Postmark Return Receipt Fee Here 1-3 (Endorsement Required) 0 Restricted Delivery Fee O (Endorsement (Endoemt Required) C3 Total Postage S Fees 0 m Neme(Please Print Clearly)(to be completed by mailer) ------------'-------._...."-'------------------------------------------------------------ --------------- � Streeq Apt No.;or PO Box No. O � City,Btate,ZIPW - r Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A signature upon delivery ■ 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 3811I to the article and add applicable postage to cover the fee.Endorse mailpiece to Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ■ 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 arti- 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 IMPORTANT MESSAGE FOR DATE �°? 01 TIME ��/`30 PHONE 77y- L!187- 2E- p 3 AREA CODE NUMBER EXTENSION O FAX ❑ MOBILE AREA CODE NUMBER TIME TO CALL TELEPHONED xrRUSH SE:CALL CAME TO SEE YOU CALL AGAIN WANTS TO SEE YOU RETURNED YOUR CALL FAX TO YOU MESSAGE -P/InV;t IAIVI (/Ll� ai�e D21101 - hood �cr?sn burn on . — l al d lol-c2 .j.P f,� SIGNED re FORM 4009 Trop MARE IN U.S.A. NOTES Ja CITY OF SALEM, MASSACHUSETTS ` + BOARD OF HEALTH 120 WASHINGTON STREET,4P'FLOOR TEL. (978) 741-1800 KIMBERLEY DRISCOLL FAx(978) 745-0343 MAYOR DGREUNBAUM@SAI,PM.COM' DAVID GREENBAUM ACTING HEAI:11-I AGIN'I' November 19, 2009 Jeff Miller Capitol Realty Group, Inc 80 Charles Street Boston, MA 02114 Dear Sir/Madam: In accordance with Chapter III, Sections 127A and 127E of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property at 16 Phillips Street,occupied by Lindsay Boisvert, conducted by Elizabeth Salandrea,Sanitarian, Monday, November 16 2009 @ 1:30pm. 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 Board of Health at 978-741-1800. 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. An attorney may represent you. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection and investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form: For he BE f Health Reply to: Da id Greenbau Elizabeth Salandrea Acting Health Agent Sanitarian Cc: Ward Councilor,Tenant DG/LS Sent certified mail—7099 3400 0006 0189 2677 16 PHILLIPS STREET TENANT SPACE w Tenant: Lindsay Boisvert Owner: Capitol Realty Group Inc City of Salem. 16 Phillips Street 80 Charles Street Boston, MA 02114 Mass Housing (Health) - Inspection Salem, MA 01970 Compliance 7 Code Int/Ext Floor Unit No Area Repair Code Repair By QweNlana=e : 1. ❑ 410.500 Interior 1 1 Livingroom ea t Gr U�;il1c . Violation:Windows,floors,doors,ceilings,roof in good condition P c Notes: Door into first floor livingroom does not have a knob.Provide a working doorknob for this door. grpffi Owner to correct this violation within 7 days. t Ellzabe�t Saba d ea 4k 2. ❑ 410.500 Interior 1 1 first bedroom Violation:Windows,floors,doors,ceilings,roof in good condition 'Opax� �,�. -a. .. w. � ¢ -� Notes:There is a panel coming off the wall above the doorway into the livingroom on the first floor.Repair wall to be intact and in Be Req ested= good condition. �3 PMHI s � ate �a+z Owner to correct this violation within 7 days.D� o f -sp eIli= �: Oan z« o ember 2,09' 3. ❑ 410.351(A) Interior 1 1 Kitchen Reins eOt$ s Violation:Sinks,tubs/showers,toliets,heating equipment,gas pipes,water heating equipment,stove and ovens,electrical fixtures, - - and wiring.The above equipment is maintained and in good working order. Notes: Right kitchen window screen is ripped at the bottom right side.Repair or replace screen to be intact. T non ;re est#o: o's'ng. inspeC�io Owner to correct this violation within 7 days. 4. ❑ 410.351(A) Interior 1 1 Kitchen x` Violation:Sinks,tubs/showers,toliets,heating equipment,gas pipes,water heating equipment,stove and ovens,electrical fixtures, and wring.The above.equipment is maintained and in good working order. Notes' % Notes: Refrigerator in first floor kitchen is missing a lighthulb.Provide a lightbulb for the fridge. 'Tna�tt: ', ds Botsu�ert II srZ4t?t Owner to correct this violation within 7 days. -aP 07� 120 Washington Street,4th Floor SALEM,MA•Phone:(978)741-1800*Fax:(978)745-0343 GcoTMS®2009 Des Lauriers Municipal Solutions,Inc. Pagel of 6 16 PHILLIPS STREET TENANT SPACE S. ❑ 410.351(A) - Interior 1 1 Bathroom F Violation:Sinks,tubs/showers,toliets,heating equipment,gas pipes,water heating equipment,stove and ovens,electrical fixtures, and wiring.The above equipment is maintained and in good working order. Notes:Toilet seat in first floor bathroom is broken.Repair or replace toilet seat. Owner to correct this violation within 7 days. 6. ❑ 410.351(A) Interior 1 1 1 Bathroom Violation:Sinks,tubs/showers,toliets,heating equipment;gas pipes,water heating equipment,stove and ovens,electrical fixtures, and wiring.The above equipment is maintained and in good working order. Notes:The right wall of the sink next to the tub and the floor between the sink and tub are in disrepair. Repair side of the sink and the floor to be intact and in good condition. Owner to correct this violation within 7 days. 7. ❑ - 410.351(A) Interior 1 1 Bathroom F Violation:Sinks,tubs/showers,toliets,heating equipment,gas pipes,water heating equipment,stove and ovens,electrical fixtures, and wiring.The above equipment is maintained and in good working order. Notes:Tub is missing a stopper.Provide a stopper for the tub. Owner to correct this violation within 7 days. 8. ❑ 410.351(A) Interior 1 1 Bathroom Violation:Sinks,tubs/showers,toliets,heating equipment,gas pipes,water heating equipment,stove and ovens,electrical fixtures, and wiring.The above equipment is maintained and in good working order. Notes:Caulking around tub is mildewing and in disrepair.Remove damaged caulking and replace. Owner to correct this violation within 7 days. 9. - ❑ - 410.351(A) Interior 1 1 Bathroom Violation:Sinks,tubs/showers,toliets,heating equipment,gas pipes,water heating equipment,stove and ovens,electrical fixtures, and wiring.The above equipment is maintained and in good working order. Notes:There is a crack around the tub enclosure next to the sink.Seal around tub enclosure. Owner to correct this violation within 7 days. 120 Washington Street,4th Floor*SALEM,MA*Phone:(978)741-1800*Fax:(978)745-0343 GeoTMS®2009 Des Lauriers Municipal Solutions,Inc. Page 2 of 6 16 PHILLIPS STREET TENANT SPACE 10. ❑ 410.482 Interior 1 1 Violation:Smoke detectors provided and maintained Notes:There are no carbon monoxide detectors on the first floor.Provide CO detectors on the first floor in accordance with- . applicable codes. - Owner to correct this violation within 24-48 hours. 11. ❑ 410.351(A) Interior 1 1 1 - Front Hall Violation:Sinks,tubs/showers,toliets,healing equipment,gas pipes,water heating equipment,stove and ovens,electrical fixtures, and wiring.The above equipment is maintained and in good working order. . Notes:Light in the first floor front hallway is not able to be turned off.Repair so that pull chain works properly to turn light off. Owner to correct this violation within 7 days. 12. ❑ 410.501(B) Interior 1 1 1 Front Hall Violation:Exterior door/dwelling unit door are weathertight Notes:Front entry door is not weathertight;there are gaps along the bottom,top,and side of door when closed.Repair door to make weathertight so no gaps exist. Owner to correct this violation within 7 days. 13. ❑ 410.351(A) Interior 1 2 2 Hallway Violation:Sinks,tubs/showers,toliets,heating equipment,gas pipes,water heating equipment,stove and ovens,electrical fixtures, and wiring.The above equipment is maintained and in good working order. Notes:Window in front hallway on second floor does not have a lock and does not stay open on its own. Provide lock for this window &repair to be in proper working condition. Owner to correct this violation within 7 days. 14. ❑ - 410.190 Interior 1 2 2 F Violation:Sufficient quantity and pressure - Notes:Hot water on second floor was measured to be at a temperature of 186 degrees Fahrenheit.Owner to provide hot water for use at a temperature not less than 110 degrees F.,and not excedding 130 degrees F.Temperature on hot water heater was turned down at time of inspection. Owner to correct this violation within 24-48 hours. 120 Washington Street;4th Floor*SALEM,MA*Phone:(978)741-1800*Fax:(978)745-0343 GeoTMS®2009 Des Lauriers Municipal Solutions,Inc. Page 3 of 6 16 PHILLIPS STREET TENANT SPACE 15. ❑ 410.351(A) Interior -2 2 Kitchen Violation:Sinks,tubs/showers,toliets,heating equipment,gas pipes,water heating equipment,stove and ovens,electrical fixtures, and wiring.The above equipment is maintained and in good working order. Notes:Stove in second floor kitchen does not light property;tenants state they are lighting it with a lighter.Repair stove/re-light pilot so that stove works properly. _ Owner to correct this violation within 24-48 hours. 16. - ❑ 410.500 Interior 1 2 2 Pantry F- Violation:Windows,floors,doors,ceilings,roof in good condition Notes:There is chipping and peeling paint on the ceiling and wall of the second floor pantry. Scrape and repaint all affected areas. Owner to correct this violation within 7 days. 17. ❑ 410.500 Interior 2 2 Kitchen F Violation:Windows,floors,doors,ceilings,roof in good condition Notes:Countertop to the right of the sink is coming up.Repair countertop to be intact and in good condition. Owner to correct this violation within 7 days. 18. ❑ 410.351(A) Interior 1 2 2 Kitchen Violation:Sinks,tubs/showers,toliets,heating equipment,gas pipes,water heating equipment,stove and ovens,electrical fixtures, and wiring.The above equipment is maintained and in good working order. Notes: Left kitchen window had an observable draft coming from it and no locking device.Repair window to be weathertight and provide a lock. Owner to correct this violation within 7 days. 19. ❑ 410.500 Interior 1 2 2 Bathroom Violation:Windows;floors,doors,ceilings,roof in good condition Notes: Floor behind washer in second floor bathroom appears to be in disrepair.Repair floor to good condition. Owner to correct this violation within 7 days. 120 Washington Street,4th Floor*SALEM,MA"Phone:(978)741-I800*Fax:(978)745-0343 GeoTMS®2009 Des Lauriers Municipal Solutions,Inc. Page 4 of 6 16 PHILLIPS STREET TENANT SPACE 20. ❑ 410.351(A) Interior 2 2 Bathroom _ - Violation: Sinks,tubs/showers,toliets,heating equipment,gas pipes,water heating equipment,stove and ovens,electrical fixtures, and wiring.The above equipment is maintained and ingood working order. Notes:Shower curtain rod is being held on to the wall with duct tape.Repair curtain rod to be properly secured to wall. Owner to correct this violation within 7 days. _ 21. ❑ 410.351(A) Interior 2 2 Bathroom - �— Violation:Sinks,tubs/showers,toliets,heating equipment,gas pipes,water heating equipment,stove and ovens,electrical fixtures, and wiring.The above equipment is maintained and in good working order. Notes:Faucet in tub drips continually when shut off.Repair faucet so it shuts off completely and does not drip. Owner to correct this violation within 7 days. 22. ❑ 410.351(A) Interior 1 2 1 2 Bathroom Violation:Sinks,tubs/showers,toliets,heating equipment,gas pipes,water heating equipment,stove and ovens,electrical fixtures, and wiring.The above equipment is maintained and in good working order. Notes:Bathroom window had an observable draft coming from it and did not lock.Repair window to be weathertight and able to be locked. Owner to correct this violation within 7 days. 23. ❑ 410.482 Interior 1 2 2 bedrooms Violation:Smoke detectors provided and maintained Notes:Smoke detectors in both bedrooms on the second floor did not appear to work.Repair or replace so smoke detectors are in working condition. _ Owner to correct this violation within 24-48 hours. 24. ❑ 410.551(3) Interior 1 2 1 2 first bedroom Violation:Expandable temporary screens not acceptable Notes:Left window in first bedroom on the second Floor had an expandable screen in it.Expandable screens may not be used to satisfy the window screens requirement;provide a full sized properly fitted screen for this window between the dates of April 1st and October 30th of each year,both inclusive. 120 Washington Street,4th Floor*SALEM,MA•Phone:(978)741-1800•Fax:(978)745-0343 GeoTMS®2009 Des Lauriers Municipal Solutions,Inc. Page 5 of 6 96 PHILLIPS STREET TENANT SPACE 25. ❑ 410.351(A) Interior 2 2 first bedroom 7- Violation:Sinks,tubs/showers,toliets,heating equipment,gas pipes,water heating equipment,stove and ovens,electrical fixtures, and wiring.The above equipment is maintained and in good working order. Notes:There is an electrical outlet missing a faceplate in the first bedroom on the second floor.Provide a faceplate for this outlet. Owner to correct this violation within 7 days. 26. ❑ - 410.253(A) Interior I Basement Basement Violation:.Light fixtures and switches provided and operating for safe use of laundry,stairway,hallway,exterior stairway,cellar,etc. Notes:There are no operable lights in the basement.Owner must provide light switches and fixtures in working order so that illumination can be provided for the safe&reasonable use of the cellar. Owner to correct this violation within 7 days. - 120 Washington Street,4th Floor*SALEM,MA*Phone:(978)741-1800*Fax:(978)745-0343 GeoTMS®2009 Des Lauriers Municipal Solutions,Inc. Page 6 of 6 LEGAL REMEDIES FOR TENANTS OF RESIDENTIAL HOUSING 17HE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING ;,ODE VIOLATIONS CORRECTED. 1, Rent Withholding(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. 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 knew about the violations before you were behind in your rent B. You did rat 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.) �. Repair and Deduct(General taws Chapter 111 Section 127L) The law sometimes allow you t"se 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 falls 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 rent in any year to make the repairs. i. Retaliatory Rent Increases or Evictions Prohibited(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 raised your rent or tries to evict within six months after you have made the complaint he or she 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 the damages if he or she tries this. Rent Receivership(General haws Chapter 111 Section 127C-H). The occupants andfor 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 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. Unfair and Deceptive Practices(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: HE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW.BEFORE YOU DECIDE TO WITHHOLD YOUR RENT )R TAKE ANY OTHER LEGAL ACTION, IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO :ONSULT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS: North Shore Community Action Programs Inc. Northeast Housing Court 98 Main Street 2 Appleton Street Peabody,MA 01960 Lawrence,MA 01840 (978)531-0767 (978)689-7833 Z 396 774 059 US Pdstal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse S�er tto y� /f�, o,.,sK M >e Street& mber E OF ---4iY VENUE Post Office,State,It ZIP Code .S L--61., dZeq- Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee N Return Receipt Slivering to Whom 8 Data Delivered .n Rewm Receipt Slwwfig to Whom, Q Date,&Addressee's Address 0 TOTAL Postage ItFees $ Cl)co Postmark or Date 9 0 LL. N o_ Stick postage stamps to article to cover First-Class postage,certified mall fee,and charges for any selected optional services(See from). 1. It you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service m window or hand it to your rural carrier(no extra charge). 2. It you do not want this receipt postmarked,stick the gummed stub to the right of the R return address of the article,date,detach,and retain the receipt,and mail the article. 3. If you want a return receipt,write the certifiedmi mail number and your name and address M on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends 4 space permits. Otherwise,affix to back of article. Endorse front of article f 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. OD Cl) 5. Enter fees for the services requested in the appropriate spaces on the front of this. E receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. `o LL 6. Save this receipt and present it if you make an inquiry. 102595-97-B-0145 a TO Date Time Q MW OUT & YOU W &,,E of �� Phone Area Code Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILLCALLAGAIN WANTSTOSEEYOU URGENT RETURNED YOUR CALL Mes age �a Operator 0M"� AMPAD 23-021-200 SETS EFFICIENCY® 23-421-400 SETS CARBON sS To F Date j—� �U Time WHILE YOU WERE OUT M / •e -raw &k, A� Phone Area Code Number E#ension TELEPHONED PLEASECALL CALLED TO SEE YOU WILLCALLAGAIN WANTSTOSEEYOU URGENT RETURNED YOUR CALL Message Operator 0%�� AMPAD 23-021 -200 SETS EFFICIENCY® 23-421 -400 SETS CARBONLESS S� :1✓ 3 5S 1f. IIF Q. �L'llr� CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH,IRS,CHO NINE NORTH STREET HEALTH AGENT January 23, 1998 Tel:(978)741-1800 Fax:(978)740-9705 Max Talkowsky 3 Devereaux Avenue Salem, MA. 01970 Dear Mr. Talkowsky In accordance with Chapter III, Sections 127A and 1278 of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter II: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property located at 16 Phillips Street ApL#1 occupied by Burton Tainter conducted by Jeffrey Vaughan,Sanitarian, on Wednesday,January 21, 1998 at 2:00 P.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this Order. Should you be aggrieved by this Order; you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. For a Board o�Ith: Reply to: J anne Scott Jeffrey Vaughan Health Agent Sanitarian cc:Tenant&Plumbing/Gas Inspector Certified Mail#Z 396 774 059 JS/sjk a ,4ow page 1 of ` � .,�II,�i�1CL�ili DFpAfi7MENT - SNortfi''siraef_ - =Salari4 N1A 01970 Slate SankM Cods .Chaptegl:105 CMR 410.000 Minunum Standards of:Fitness tdr Human Habitation Occupant: Burton Tainter Phone: 744-3967 -.:;a �.:.':'_;�:_.-: ?S :.f . •:,ie::3.�3.; 9,.,r."_-_ ..,-,:. . E�,. j.,3`rt ,-r .,, . ,r., ,.e.rt..; etJ�x r3- . Address: 16 Phillips Street _ Apt. I Floor. 1 - Owner t -V Max.Talkowskv.� f Address ': -�3••Devdrezfux=rAvenue • -a et i4 .r 'C'. Salem, Ma. 01970 E ..e}_ i$ t.F'-:t` �a'.'. _A k:Inspedron{pate r-:January{ 21,E 1998 Tune 2 00 'pm ; .,,,.F , rar {: °s, t ConductedtBy r ..4effrey W.,;-Vaughan, ' r /lccompamed t .0: rk :.r..�,j: � ' k "' ifi'r�:-.xES.?..J J13i.4.Ff'_'Fo..'tki'{i'>:tP ,4 L', c'4�'}+S�" ...:A':�•-..� .. Anfic4mted Reinspec ion Date: :b r;3 izs y tcr'°t`.n=I = r k, - } ^.'f r t. °+•'4. r 'i fZ'G Specr(ied { Reg#: Viotalton 3 } me 410 -, t�;� 7 ...,:. . �' .. ,n. -,:�"^ t r'- r�� L3'�.a�}.� �F Y. �"3s"' rt�'� Nt3 �ky�♦{�...�.,I zU' �a.SI 't -:'. t?R T,.::�r'fc'� �t.:�Ynt CY�1P�8's3 M'1K n.^�s{�i" "� St'd'd� :it 4'4.�.:1 , Due' fo a 1 tenant"tbmplaint'an'inspectaon was conduetedin accordance With:Article II, State Sanitary Code,_ 105 CMk 410 , ;Upon;inspection rr _.... Fthr- bieing;?aere Sri ts-- 'r�X:Y t`C3pa ? > "w,wA.,t7�P.3 i4 +:+ii.II,'Mrn L L. . er:T .0. :',.T ..-.'?t.t . - dtiiv. - 1 [o 7A �tiOULaI — `S r.� fN i�- L✓fJ CY2 G ••� s IJIJe FCi.S/Ie ir. • r �L T.+/.t.�c ro i A 9S One or more of the above violations may endanger,or materially impair the health. safety and well-being or the occupants(s) �_ � Sanitarian Code Enfor ment Inspector CC: plumbing ins Este es un.documento legal importance. Puede que afecle sus derechos. Puede adquirinma traduccion de esta fora. J x ' Legal 11emefigM Tenants of Residential Hottsing .4 is _ The following Is a brief summary of come of legal remredies tenants may use in order to get housing code violations corrected:' 1._Rent Vrhhholdinv.(Idassaehtt3etteG allaws t tapta?3g; t $pa�u-Code ViotatioarAreNot-BeingCorrected you may be eaddod to hold bade yourrcot payments.You can do tfiis:anthoatbeing evictod if: a Ymcaaptovethatyolrrdtvelfing�itorcommoti a�t tar¢aodvvrolatioaswhichattsaiousmoagptocadangcr ortmatenally mpazryomsfrwit6Aesaf4P . G4at�Yhe'Violsaoas6cfate YOU46aebetundin, _-- B eCC{yQ Rlcasem�tifitSusiiiH� ty(hTtr;yptt6oiGaadw4yeathc.tiuilAmg. G,�Yod Sir p per"pato3fbpay�ayrpoitiou of therent t ibourtif a judge orders you to pay it.Wor this,it is best to put the, rentmoneyasideinasafeplaoa) r 2 Rcpai and Deduct(Massachusetts Geac ral Lava,tyapow 111.section 127L):Jim law sometimes allows you to use your ime , ... money to make the repairer ylmtselL if Your lovalmdLedfotoetneaCagency oatrfies�that thgearc code viotatroac which eadi nger:.a., wally r k - LL- Vie. auyomiticald4safaXac bung.endyoariandldmdhasrooavedwnttcuaoulxofthevlow6as 7"ou�4S'l>p_> 1ec1911>SSrd�g met Ifthe lads {or to enter into a wriu6 aootaaa to have thcdr manewidmfivoa` sys�er-tst xor+to000II uoomyjron can nseuptofourmbaths rent mtaay qz o3i-'44, x I µ r v.e lril zs,Y s ? aStf f t, tail/ -., �•.. A d'ienaalLavr�C�ap�tef,I$6,scaroni8,andChaprci234 (--- �'compy your ocaloode' I � -�.. "1 �`t/'Ge... .m,' nor:.... A".;ch. >t..✓.�., -' ' y mlant. utestolevttt. 3nc _aflrryoU have made _ - 2 ._ _ Af evrctr m asiimfe]atad to�comD3aiat You- z G _IDaY LICtIOstEIIC d1eLO[ OCYOilch cv T ;'_t - 4 C trr1Y,station 127 C li):The olx(ipants and/or the Board of Hc't h may _ PeKlopzIlli, DtstnaorSuptxirx0oanwallow:reutUb, epaid-mtbbdmttatherthantothcowucr.;Thccourtmaythenappointa. receivef who_may spend as much of the rwt money ffi is needed to oorrw the violation.-'ILc roociver is out subjea to a speaduig bmrtatioo of foa'i months rent. . .. $- $era h of W rtanty of Habiwhilitr You may be entitled sue your landlord to have all or some of your rent returned if your.. _. dwelling cant does not mcctuitnimum standards of hibitabilify. 6. unfair na d Decen[ivc__ �( anti General Laws,Chapter 93A): Renting an aparmtent wilt code violations -s a violafion of the eonstrmd protection au and rcgulatiods,for which you may sue an owner. The information presented above is only a summary of the law.Before you decide to withbold your rent or take any oi6e, legal action, it Is advisable that you consul( an attorney. If you cannot afford to consult an attorney, you should cont.,c, ihr nearest legal services office, which is: - Neighborhood Legal Services 37 Friend SL Lynn, MA 01902 (617) 599-7730 n :