09/04/2020 LTR RE AFFIDAVIT FOR HOUSING COURT CITY OF SALEM, MASSACHUSETTS
'l1;:irt F' BUILDING DEPARTMENT
98 WASHINGTON STREET, 2ND FLOOR
TEL. (978) 745-9595
KIMBERLEY
DRISCOLL THOMAS ST.PIERRE
MAYOR DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONEI
September 4, 2020
Newman R.E Investment L.L.P
8 Alton Place
Brookline Ma. 02446
R.E. 233 Lafayette Street-Salem
Dear Owners,
This letter is intended to expand and clarify my previous letter of July 28 th,2020. The position
of Building Commissioner/Inspector of Buildings as well as the creation of the Mass State
Building Code( 780 CMR) are both established per Mass General Law 143 sections 93
through100. The Mass State Building code 780 CMR ,ninth edition, consists of the International
Building Code base edition(2015) with Mass amendments. It is important to have the Mass
amendments when reviewing the"code".
Per the Building Code section 104.2.1, under Powers and duties of the Building Officials is ,the
requirement for a Building Official to evaluate damaged structures. Section 103 and 104 of the
code outlines the duties and powers of the Building Official. Section 111.1, Use and occupancy
,specifically states that it shall be unlawful to use or occupy a building unless a certificate of
Occupancy has been issued. Section 116 outlines unsafe structures and equipment and also
speaks to buildings that become unsafe due to inadequate egress's or that constitute a Fire
Hazard. Section 10 of the code is all about egress and the requirements for such.
Therefore, under the Authority of the Mass State Building Code 780 CMR, I have revoked the
occupancy permit of the building at 233 Lafayette Street. The Building rear portion is damaged
by a substantial fire that destroyed several units and the rear exit and the rear exit corridors. The
Fire damage and now the lack of Fire and draft stopping as well as the yet unknown structural
integrity of the unreinforced brick portions of the rear wall ,combine to makes this an unsafe
structure(780 CMR section116).
, CITY OF SALEM, MASSACHUSETTS
g BUILDING DEPARTMENT
98 WASHINGTON STREET, 2ND FLOOR
TEL. (978) 745-9595
KIMBERLEY
DRISCOLL THOMAS ST.PIERRE
MAYOR DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONED
It remains unlawful to have anyone occupying the structure. If you feel you are aggrieved by my
orders or action, your right of Appeal is to the Board of Buildings, Regulations and Standards in
Boston. (BBRS) . If you remain aggrieved by the BBRS decision,
you may file your Appeal with the appropriate Court.
Sincerely,
•g 1/7
Thomas St.Pierre
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS. HOUSING COURT DEPARTMENT
NORTHEAST DIVISION
CIVIL ACTION
No. 20H77CV00013
)
LISA STEVENSON, )
)
Plaintiff, )
)
v. )
)
SARA SICILIAN )
)
Defendant. )
)
)
ll p AFFIDAVIT
I, l hc�k 5 3 . S'�• i? r)'?, am the keeper of records of the Inspectional Services
Department of the City of Salem, and certify that the document attached hereto is a true and
complete copy of the letter dated 9' , 9 , 2020 from the Building Commissioner,
Thomas St. Pierre, to Newman R.E. Investment L.L.P. regarding a fire that occurred at 233
Lafayette Street, Salem, Massachusetts on May 31, 2020; that such letter was prepared in good
faith in the ordinary course of the business of the Inspectional Services Department of the City of
Salem on 5' , Li 2020 on the basis of the personal knowledge of the Building
Commissioner whose duty it was to prepare such record.
Signed under the penalties of perjury this g A of September, 2020.
//// ,
Keeper of Records, ity of Salem Inspectional
Services Department
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