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26 ANDREW STREET - BUILDING JACKET r 26 ANDREW STREET r /0 ,7 1 cv d a CITY OF SALEM PUBLIC PROPRERTY DEPARTMENT KIMBERLEY DRISCOU. MAYOR 120 WASI{INGTON STREET+SALEM,MASSACHUSETTS 01970 Tr-:978-745-9595 ♦FAY:978-740-9846 March 29, 2006 Carlotta McCarthy Patten Metaxis, Norman and Pidgeon, LLP 900 Cummings Center, Suite 2071 Beverly, Ma. 01915 Dear Ms. Patten, Per our discussion, an inspection of 26 and 30 Andrew Street was conducted on March 16, 2006. The focus of this inspection was to look at Life Safety Items. With me on the inspection team was Plumbing and Gas Inspector, Dennis Ross and the Electrical Inspector Mark Rochon. VIOLATIONS FOR 30 ANDREW STREET IS AS FOLLOWS: (1) Common Hallway—furniture and other items need to be removed. (2) Smoke Detectors missing in second floor hallway ls`. floor living room, I". fl000r hallway. (3) Basement--- all piping to be inspected by a licenced Gas Fitter and all piping to be subjected to a test. Boiler and hot water heater installed with no permits. (4) Old oil tank was required to be removed when gas was installed. Oil tank to be removed large amount of combustibles need to be removed and numerous steam leaks need to be repaired. (5) Electrical Inspector, Mark Rochon, stated that a qualified electrician needed to be hired to conduct a thorough check of the whole house to insure safety. (6) Basement needs to be checked for the presence of asbestos. 26 ANDREW STREET 4-UNITS 2nd. Floor Rear apartment is occupied and the following violations were found. (1) Smoke detector in bedroom–not working (2) Second egress from apartment completely blocked and unusable ( Imminent Threat to occupant and first responders) (3) Plaster on Hallway bareley sealed with duct tape. I"Floor rear (unoccupied) Some rooms in the apartment have been completely stripped of plaster and wall board. Much of the debris is still in place. ls`Floor front (1) Bathroom ceiling missing. (2) Various plumbing work not permitted or up to code/ (3) Electrical violation throughout. 2nd Floor front and attic space 1.Smoke Detectors 2. Various walls and ceiling in disrepair Same recommendation by Electrical Inspector Mark Rochon Exterior Chimney on east side of house has a severe lean and could fail at any time. Needs to be addressed by competent mason. Overall Condition. 30 Andrews Street is functioning but needs to be reinspected as soon as a Qualified Electrician has gone through the Electrical and a gas fitter does the test work on the gas piping. Fire Prevention should follow up with the smoke detectors, removal of oil tank and reduction of combustible materials in basement. The Health Department should be contacted regarding the possible asbestos contamination in the basement. 26 ANDREW STREET One Unit of the four is occupied. Unfortunately it is located on top of the first floor unit that is partially gutted. A gutted unit presents serious fire threats. In event of a fire, the absence of wallboard or plaster and the framing of this type of building combine to rapidly speed up the spread of fire throughout the whole structure. It is my opinion a serious life safety condition exists and I would recommend the occupant of this apartment relocate to another unit. The chimney needs to be addressed immediately. If this building becomes unoccupied, contact this office for further information. Ve ruly yours, p �7 Thomas J. St. Pierre Building Inspector City of Salem cc Electrical Inspector, Health Inspector, Fire Inspector CITY OF SALEM PUBLIC PROPRERTY DEPARTMENT KIMBI 11.I-'Y DRISCOLL IMAYOR 120 WnsiilNcrou Sraacr*SnLcal,Mnssnclausc'rrs 01970 TLL 978-745-9595 ♦ FAS:978-740-9846 March 29, 2006 Carlotta McCarthy Patten Metaxis, Norman and Pidgeon, LLP 900 Cummings Center, Suite 2071 Beverly, Ma. 01915 Dear Ms. Patten, Per our discussion, an inspection of 26 and 30 Andrew Street was conducted on March 16, 2006. The focus of this inspection was to look at Life Safety Items. With me on the inspection team was Plumbing and Gas Inspector, Dennis Ross and the Electrical Inspector Mark Rochon. VIOLATIONS FOR 30 ANDREW STREET IS AS FOLLOWS: (1) Common Hallway—furniture and other items need to be removed. (2) Smoke Detectors missing in second floor hallway I". floor living room, ISt. fl000r hallway. (3) Basement--- all piping to be inspected by a licenced Gas Fitter and all piping to be subjected to a test. Boiler and hot water heater installed with no permits. (4) Old oil tank was required to be removed when gas was installed. Oil tank to be removed large amount of combustibles need to be removed and numerous steam leaks need to be repaired. (5) Electrical Inspector, Mark Rochon, stated that a qualified electrician needed to be hired to conduct a thorough check of the whole house to insure safety. (6) Basement needs to be checked for the presence of asbestos. 26 ANDREW STREET 4-UNITS 2"d. Floor Rear apartment is occupied and the following violations were found. (1) Smoke detector in bedroom–not working (2) Second egress from apartment completely blocked and unusable (Imminent Threat to occupant and first responders) (3) Plaster on Hallway bareley sealed with duct tape. I"Floor rear (unoccupied) f f/ Some rooms in the apartment have been completely stripped of plaster and wall board. Much of the debris is still in place. ls`Floor front (1) Bathroom ceiling missing. (2) Various plumbing work not permitted or up to code/ (3) Electrical violation throughout. 2"d Floor front and attic space 1.Smoke Detectors 2. Various walls and ceiling in disrepair Same recommendation by Electrical Inspector Mark Rochon Exterior Chimney on east side of house has a severe lean and could fail at any time. Needs to be addressed by competent mason. Overall Condition. 30 Andrews Street is functioning but needs to be reinspected as soon as a Qualified Electrician has gone through the Electrical and a gas fitter does the test work on the gas piping. Fire Prevention should follow up with the smoke detectors, removal of oil tank and reduction of combustible materials in basement. The Health Department should be contacted regarding the possible asbestos contamination in the basement. 26 ANDREW STREET One Unit of the four is occupied. Unfortunately it is located on top of the first floor unit that is partially gutted. A gutted unit presents serious fire threats. In event of a fire, the absence of wallboard or plaster and the framing of this type of building combine to rapidly speed up the spread of fire throughout the whole structure. It is my opinion a serious life safety condition exists and I would recommend the occupant of this apartment relocate to another unit. The chimney needs to be addressed immediately. If this building becomes unoccupied, contact this office for further information. Veruly yours, 6."G .o4�'�� Thomas J. St. Pierre Building Inspector City of Salem cc Electrical Inspector, Health Inspector, Fire Inspector Certificate No: 248-09 Building Permit No.: 248-09 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at - ----------- Dwelling Type 26 ANDREW STREET in the CITY OF SALEM --- --- - --------- - - - .........-- - - Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT FOR (2 FRONT) This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date ` Issued On:Thu Dec 4,2008 �`cx�Llillt - GeoTMS9)2008 Des Launers Municipal Solutions,Inc. ---- --- — -- - -- ----- ---- _-.- ...... GQ Certificate No: 248-09 Building Permit No.: 248-09 Commonwealth of Massachusetts s City of Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at Dwelling Type 26 ANDREW STREET in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY OCCUPANCY PERMIT FOR UNIT # 1 This pernit is granted in confornty with the Statutes and ordinances relating thereto, and expires _____.................._ unless sooner suspended or revoked. Expiration Date C - -- --------------------------------- ----------------- Issued On:Wed Jan 28,2009 -- -------------------------- GeoTMS02009 Des Lauriers Municipal Solutions,Inc. -----------------------------(/---- -- -- - -- ---- - -- - - - - 26 ANDk-L W STREET 248-09 GIS# '«>¢ k q 9430,E r ' j COMMONWEALTH OF MASSACHUSETTS Map 35 ]3iock �� srs "t CITY OF SALEM Lot 0524 1 Category ' „ REPAIR/REPLACE inerm t#„ F. 248-09 Ili j� BUILDING PERMIT Project# W` w JS-2009-000396'x, Est:Cost: $250,000 00!Tr, u; Fee Char'ged::.,,d $2,755.00'x`,.. ,. Balance Due; $ oo PERMISSION IS HEREBY GRANTED TO: Const Class: e' r Iii . r ' ' Contractor: License: Expires Use Group .a:ft.n, dr a'4. ERIC CHASE Lot SiMsq`ft) 66498696,x;!F 1; .� r , Owner: Lewis Legon Hodges Court Real Estate LLC Zoning "` .a4 a' R2,L_ +Z 3" , r Units Gained: 3, a Applicant: ERIC CHASE Units I;ost:_ ' e .'ti . AT: 26 ANDREW STREET Dig Safe#: ISSUED ON: 24-Sep-2008 AMENDED ON: EXPIRES ON: 24-Feb-2009 TO PERFORM THE FOLLOWING WORK: COMPLETE RENOVATIONS OF(3)UNIT BUILDING jhb POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service. Meter: j, Footings: Oti� Rough:/.o/q1Q XW Rough;l)l(f U'��w J Rough: 011,0 9-0am Foundation: Final 14611100?0� Final: FinalV—)_ 9'�v,,/u,,' Rough Frame: Fireplace/Chimney: D.P.W. Fire Health Meter: 0^ Bisula[ion: FinaI:OK ! D� House# S Assessor Treasury: �ii C/ Water: Sewer: SoFifiRlers: �f Final: IICV/ 3 vyV THIS PERMIT MAY BE REVOKED B T ` CITY OF SALEM UPON VIOL N ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amount: BUILDING REC 2009 000462.�,.,... ' 24-Sep-08 17d7�2� $2.,7J55.00 TAI Y GeoTMS©2008 P, i.auriers Municipal Sol rations,Inc. ycb cumLY o . a 4. nave •0 1�1' CITY OF SALEM BUILDING PERMIT Certificate No: 248-09 Building Permit No.: 248-09 Commonwealth of Massachusetts City of"Salem Building Electrical Mechanical Permits This is to Certify that the RESIDENCE located at -------------------- Dwelling Type 26 ANDREW STREET eke in the ":4 CITY OF SALEM .---------------------------- ---------------------- ....... _ ------------------ry------------------_.. .._._. _. Address Town/Ci Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY �I OCCUPANCY PERMIT FOR UNIT (2 REAR) This permit is granted in conformity with the Statutes and ordinances relating thereto, and expiresunless sooner suspended or revoked - ,, Expiration Dale . li Issued On: Thu Dec 4, 2008 --- .......... -- 1�1����1 ---- --- -- ? GeoTMSO 2008 Des Lauriers Municipal Solutions,Ina I i i a� n Y30YE AO 1� !`LTTE,7 :r-N 7-7 (`1 A T Ar BUILDING PERMIT 26,AN-11-k , vV STREET „ 248-09 GIs#: 19430 _ COMMONWEALTH OF MASSACHUSETTS map. 135 Block: _—_.j_- CITY OF SALEM Lot-. 0524 Category: I REPAIR/REPLACE ern"`# 1248-09 — BUILDING PERMIT Project# IJS-2009-000396 Est. Cost: _S250,000.00 Fee Charged_ $2,755.00 Balance Due:_ 5.00 _ PERMISSION IS HEREBY.GRANTED TO: Const.Classri. Contractor: License: Ext fres Use Group_ ERIC CHASE Lot Size(_sq. ft.): 49_8696 Zoning: IR2 -'Owner: Lewis Legon Hodges Court Real Estate LLC Units Gained_ j Applicant: ERIC CHASE Units Lost: _� AT: 26 ANDREW STREET Dig Safe ISSUED ON: 24-Sep-2008 AMENDED ON. EXPIRES ON: 24-Feb-2009 TO PERFORM THE FOLLOWING WORK: COMPLETE RENOVATIONS OF(3)UNIT BUILDINGjhb POST THIS CARD SO 1T IS VISIBLE FROM THE STREET Electric Gas Plumbing Building Underground: Underground: Underground: Excavation: Service: Meter: Footings: /� al-7 Rough;/C>1910 Rough:44( If 0 -�.,L} / Rough; I.-4_�J Y 6 (\ I. ( Foundation: Final: Final: Final' Rough Frame: Fi rcplacc1Citi innev: D.P. V. Fire Health \telel': OL Insulation: House q $ Il/ Final:Ok l� Water: ,y Z/�f / Assessor Treasury': sewer: SV/ufirJticrs: Final: - .{./ 3 gig. THIS PERMIT MAY BE REVOKED BV T `E CITY OF SALEM UPON VIOL N ANY OF ITS RULES AND REGULATIONS. Signature: Fee Type: Receipt No: Date Paid: Check No: Amoum: BUILDING RHC-2009-000462 24-Sep-08 - 1772 S .75501 GeoT]ISl3'2008 w. t.xu viers Municipal Sal nimts.Inc. ZIwwad ONIQlIll S WR IV S d0 .X,LID 0V 3AOtA .O► r f t V .k 012 tom/ gra-- h -f/ - D� `/-� 1l ,��. ..✓�. v � �/� r • iii � _ �m -- - _- MIMI- Men a® Oak! -� 'dOil AW -Al4WA . IUE / // • V s ! ® � • ' / .. , /. ♦ ♦ / / ////a .7 ♦L � / / a !/ f Lv ®I i .� • �.�I. vFMA 174MI'MUNWArl</ ' I • Mo M 64, r �� a Imo/ �• "/ ' _IA li.��-��-�� / / n/i _:moi f ' • I iJ i. y. /.�� _i i• / / ,/ • .a iii /. I,•r / /�'.:/ /.' / / r J� r Y ,.A)v i4A n.ti4• X 8( .2 -y.. P}S WP-till � H� k��.e�3,at'^�'�# , 1 S F I;egal'Reiiie......... res for Tenantsof Sh Residential Housing NR The following Is a brief summary of some of the legal remedies tenants may use,ln order to get housing code violaaons corrected: 1..Rent wtfiFtoldrno(tvfassaesiiuetts Gent-9 Laws,Chapter 239,section 8A).`IC Code Violatlons Are Not Being Corrected you may be entitled to hold back your rent payments.You can do this without being evicted if.- A- f: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 sari be repaired while you continue to live in the building. C. You are prepared to pay any portion of the rentim"to court if a judge orders you to pay it.(For this,it is best to put the, rent money aside in a safe place.) 2. Ropair and Deduct(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows you to use your rent money to make the repairs yourself.If your local codeenforcement agency certifies that these are code violations which endanger or maze ially impair your health,safety,or welkbeing,and your landlord has received written notice of the violations, you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have therfr made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent inany, year to make the repairs. 3. Re liatory.Rent Increases or Evictions Prohibited(Massachusetts General Laws,Chapter IK section 18,and Chapter 239,::: section 2A)i The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made the complaint,he or shewill:hay.e toshow a good reason for the,increase or eviction which is unrelated to your complaint.You may be able to sue the landlord for damages of he or she tries this. 4. Rent Receivership(Massachusetts General Laws,Chapter 11, section 127 C-H):The occupants and/or the Board of Health may petition the District or Superior Court to allow rent to k paid into.'court rather than to the owner.The court may then appoint a. "receiver"who may spend as much of the rent money as is needed to correct the violation.The receiver is not subject to a spending limitation of four months'rent- 5. ent5. Breach of Warranty of Hahitabilitv_:You may px entitled to sue your landlord to have all or some of your rent returned if your.: dwelling unit does not meet minimum standards of habitability. 6. Unfair and D=ptive Practices(Massachusetts General Laws,Chapter 93A)_Renting an apartment with code violations is a violation of the consumer protection act and regulations,for which you may sue an owner. The information presented above Is only a summary of the law.Before you decide to withhold your rent or take any other legal action,it is advisable that you consult an attorney.If you cannot afford to consult an attorney,you should contact the nearest legal services office, which is: Neighborhood Legal Services 37 Friend St. Lynn, MA 01902 (617) 599-7730 V7 .e. y t tr SAL'tipEALTT{ikDEPARTMEW 99�if�`fC.'th,/t^�}"sIYUF/Y a4 }3iz�'t� '�E 2 #i S�ifi :f' ,{}'S- 't 4A"yva yk• „, 5 Mi 04 4Ja �5Y"-`Y"V1J7Q kr ry jY lYla,P. #`Y4tM+ � Wler ,CMR 410000 , 3 M s , State Samtary'Code Chapter U105 " A •ar�r+q o .': y, a +meq +.+;.:a - .yp C"iFxupani: . i r,4 r 4 Phone. 7 yo 95 9-6 pis! '43 101 Address. ( </J✓D rs�lr/� �5 - Apt Floor.. Owner:,,ANnsew Sr RLA1, t1e"f . -. - Y Address // �EGke�T C-gof *,. mss. "61fR C/�a�✓P6wsk/, QR ri57 .. o SAlsnm Y114a/970, Inspection Date: _lot- 96 _ Tune // a0 Mn Conducted By: Accompanied By: 72771J&. rs Anticipated Reinspection Date: Specified Reg># Violation Time . A a 410. . . . VE 7v .✓ N D / NIVY p' _ .e. i ) n/ - a I14T 9L o f3 A s P 1W Oleaos- 4 o tLMULL Ae- F,462- dAS7X�77LIAZS c One or more of the above violations may endanger or materially impair the health, safely and well-being or the occupants(s) � !,1 r� Code forcement Inspector Este es un documento legal imponanle. Puede que afecte sus derechos. Puede adquimuna traduccion de esta lomia. r CITY OF SALEM HEALTH DEPARTMENT Salem, Massachusetts 01970 Pae Of 9 j _ Date- Name: Address: Specified Time Reg.#410.. Violation(s) / f C �i�C / Y (✓ 96 /N 69 . /� � � �> i`r:S .ia �Ul J :, � 7T WO✓/✓C,'r O .� Foo. /y l — Lvi s n-i,-rt,' � /:.. �h of /7/�• F . .9�c h.�i Tl` '4 T(�/Z ih /s.) Gi Qa �/OT ]y TC L✓C / -tint .•c S => �yL �V �J :$— lo Poo 7/ J1,1/ '4Ae � „ c Page of Date: Name: Address: Specified Time Reg.#410.. Violation(s) o CITY OF DALEM, NIASSACHUSE,1 1 S BOARD OF HEALTH �. 120 WASHINGTON STREET, 4TH FLOOR � SALEM, MA 01970 TEL. 978-741-1800 FAX 978-745-034343 STANLEY USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO t1IJ'/ MAYOR HEALTH AGENT -Y November 5, 2001 26-30 Andrews Street Realty Trust Chester Chalupowski, Tr. 119 Water Street#65 Beverly, MA. 01915 Dear Mr. Chalupowski 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 11 Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property 26 Andrews Street#2 occupied by Warren Boutchia conducted by Jeffrey Vaughan, Senior Sanitarian on Monday, November 5, 2001 at 11:20 A.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to 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. P 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 the Board of Health: Reply to: oanne Scott v\� Jeffrey Vaughan Health Agent r� Senior Sanitarian cc: Tenant&Councillor Flynn 1000 Certified Mail #7099 3400 0008 9218 4949 JS/sjk c-h-violet l ` CITY OF SALEM HEALTH DEPARTMENT ♦ ti _Y�a Salem, Massachusetts 01970 Page 1 of �Mra State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant : Warren Boutchia Phone: 978-741-0940 Address: 26 Andrews Street Apt.# 2 Floor 2+3 Owner: 26 thru 30 Andrew St realty Address: 119 Water Street 1165 Chester Chalupowski, Tr. Beverly, MA. 01915 Inspection Date: No-U. 5, 2001 Time: 11:20 AM Conducted By: Jeffrey Vaughan Accompanied By: tenant, Asst. Bldg. Insp Anticipated Reinspection Date: days from receipt. Specified Time Reg.#410.. Violation(s) - Based on a tenant complaint an inspection was conducted in accordance with Article II of the State Sanitary Code 105 CMR,410.000. Upon inspection the following were noted: Chit /1c /moo ✓ FCy., A - c . L-e 7V 77.4 Fi/r� ice/ 7' T7 77l i/LC L' L tir' �o,2S J 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. Puede que afecte sus derechos. Puede adquirir una traduccion de esta forma sies necesario Ilamar al telefono 741-1800. i Appendix 11 (14) Legal Remedies for Tenants of Residential Housing The following is a brief summary of some of the legal remedies tenants may use in order to get housing code violations corrected : 1. Rent.Withholding(Massachusetts General Laws, Chapter 239, section 8A): If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments. You can do this without being evicted if: You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health of safety and that your landlord knew about the violations before you were behind in your rent. You did not cause the violations and they can be repaired while you continue to live in the building. You are prepared to pay any portion of the rent into court if a judge orders you to pay it. ( For this, it is best to put the rent money aside in a safe place) 2. Repair and Deduct(Massachusetts General Laws, Chapter 111, section 127L):The law sometimes allows you to use your rent.moneyto make the repairs yourself. If your local code enforcement agency certifies that there are code violations which may endanger or'materially impair your health,safety,or well-being, and your landlord has received.written notice of the violations,you may be able to use this remedy_If the owner .fails to begin necessary repairs(or to enter into a written contract to have them made)within five days after the'notice or to complete repairs within 14 days after notice,you can use up to four months rent in any year to make repairs. 3. Retaliatory Rent Increases or Evictions Prohibited(Massachusetts General Laws, Chapter 186,section 18,and Chapter-239,Seedonl2A)i The.owner may not increase your rent or evict you in retaliation for malting-a-complaint to your local code enforcement agency about code violations.If the owner raises your rent to try 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 landlorc for damages or if he or she tries this. 4. Rent Receivership (Massachusetts General Laws Chapter 11, section 127 C-H):The occupants and/or the Board of Health may petition the District or Superior Court to allow rent to be paid into court rather than to the owner.The court may then appoint a"receiver" who may spend as much of the rent money as is needed to correct the violation_The'receiver is not subject to a spending limitation of four months'rent_ 5. Breach of Warranty of Habitability: You may be entitled to sue your landlord to have all or some of you' rent returned if your dwelling unit does not meet minimum standards of habitability. 6. Unfair& Deceptive Practices (Massachusetts General Laws, Chapter 93A) : Renting an apartment with code violations is a violation of the consumer protection act and regulations, for which you may sue an owner. The information presented above is only a summary of the law. Before you decide to withhold rent or take any other legal action, it is advisable that you consult an attorney. If you can not afford to consult an attorney, you should contact the nearest legal services office, which is Neighborhood Legal Services 37 Friend Street Lynn,MA. 01902 ONDITq,q� CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 TELEPHONE: 978-745-9595 EXT. 380 FAX: 978-740-9846 KIMBERLEY ORISCOLL MAYOR May 21 .2008 To Whom it May Concern: RE 26 Andrew Street According to our records, it has been determined that the property located at 26 Andrew Street is a legal grandfathered non-conforming 3 family dwelling located in a Residential Two family zone R-2 This is to determine use only and in no way is meant to confirm or deny whether said property is in compliance with all building, plumbing, gas, electric, fire or health codes. Sin ,r/e�l�y_, J4��_"� Thomas St. Pierre Zoning Enforcement Officer Cttp of *ale t, fHd$5acbu Ptt$ ` 1 Public Propertp Mepartment �3uilbing ]Department One 9palem Oreen (978) 745-9595 Cxt. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer September 24, 2001 Chester Chester J. Chalupowski 119 Water Street Apartment 65 Beverly, Ma. 01915 RE: 26 Andrews Street Dear Mr. Chalapowkski: It has come to the attention of this Department that you have a 4 family house at 26 Andrews Street. We have on record that it is clearly a 3 family. Please contact this office at your earliest convenience so we may discuss this matter. I can be reached at 978-745-9595 x 386. Sincerely, F, ,-a, /C 'g, ��� Frank DiPaolo Local Building Inspector CITY OF SALEM PUBLIC PROPRERTY MAR � e B Q17)' 3�?pps O DEPARTMENT Marna i4f!? M 120 Wnsru!vcrou Sr2r:,cr*Sa,.r:n,,\LA~snctictirsns 01970 Ti;).:918-745-9595 ♦ Fax:978-7410'9846 March 29, 2006 Carlotta McCarthy Patten Metaxis, Norman and Pidgeon, LLP 900 Cummings Center, Suite 2071 Beverly, Ma. 01915 Dear Ms. Patten, Per our discussion, an inspection of 26 and 30 Andrew Street was conducted on March 16, 2006. The focus of this inspection was to look at Life Safety Items. With me on the inspection team was Plumbing and Gas Inspector, Dennis Ross and the Electrical Inspector Mark Rochon. VIOLATIONS FOR 30 ANDREW STREET IS AS FOLLOWS: (1) Common Hallway—furniture and other items need to be removed. (2) Smoke Detectors missing in second floor hallway I". floor living room, 1". fl000r hallway. (3) Basement--- all piping to be inspected by a licenced Gas Fitter and all piping to be subjected to a test. Boiler and hot water heater installed with no permits. (4) Old oil tank was required to be removed when gas was installed. Oil tank to be removed large amount of combustibles need to be removed and numerous steam leaks need to be repaired. (5) Electrical Inspector, Mark Rochon, stated that a qualified electrician needed to be hired to conduct a thorough check of the whole house to insure safety. (6) Basement needs to be checked for the presence of asbestos. 26 ANDREW STREET 4-UNITS 2"". Floor Rear apartment is occupied and the following violations were found. (1) Smoke detector in bedroom – not working (2) Second egress from apartment completely blocked and unusable ( Imminent Threat to occupant and first responders) (3) Plaster on Hallway bareley sealed with duct tape. I" Floor rear (unoccupied) Some rooms in the apartment have been completely stripped of plaster and wall board. Much of the debris is still in place. I" Floor front (1) Bathroom ceiling missing. (2) Various plumbing work not permitted or up to code/ (3) Electrical violation throughout. 2°d Floor front and attic space 1.Smoke Detectors 2. Various walls and ceiling in disrepair Same recommendation by Electrical Inspector Mark Rochon Exterior Chimney on east side of house has a severe lean and could fail at any time. Needs to be addressed by competent mason. Overall Condition. 30 Andrews Street is functioning but needs to be reinspected as soon as a Qualified Electrician has gone through the Electrical and a gas fitter does the test work on the gas piping. Fire Prevention should follow up with the smoke detectors, removal of oil tank and reduction of combustible materials in basement. The Health Department should be contacted regarding the possible asbestos contamination in the basement. 26 ANDREW STREET One Unit of the four is occupied. Unfortunately it is located on top of the first floor unit that is partially gutted. A gutted unit presents serious fire threats. In event of a fire, the absence of wallboard or plaster and the framing of this type of building combine to rapidly speed up the spread of fire throughout the whole structure. It is my opinion a serious life safety condition exists and I would recommend the occupant of this apartment relocate to another unit. The chimney needs to be addressed immediately. If this building becomes unoccupied, contact this office for further information. Veyy-tru�ly�your� Thomas J. St. Pierre Building Inspector City of Salem cc Electrical Inspector, Health Inspector, Fire Inspector Metaxas Norman&Pidgeon,LLP 1978.927.8000 900 Cummings Center F:978.922.6464 Suite 207T Carlotta McCarthy Patten Beverly,MA 01915 www.mnplaw.com 978.927.8000 ext.237 cmpatten@mnplaw.com March 22, 2006 Via Facsimile/Rezular Mail Thomas St. Pierre Building Inspector City of Salem 93 Washington Street Salem, MA 01970 Re: Inspection of 26-30 Andrew Street, Salem,MA Dear Mr. St. Pierre: Thank you for assembling your inspectors to conduct the inspection of 26-30 Andrew Street. As we discussed, the trial of this matter will be starting next Wednesday, March 29, 2006. As your report may be used an exhibit at the trial, we will need a certified cony of the report to be used at trial. Please advise when your report will be ready. Thank you very much. Very truly n yours, �j� CA l/t v X11.1 AR� Carlotta McCarthy Patten CMP:Ijf cc: Joseph F. Collins, Esq. Marc Middleton, Esq. John D. Welch, Esq. Daniel P. Northrup Chester J. Chalupowski G\Client MWChaupow4iV etters\St.Pierre 3-22-06.doc T H E BUSINESS LAW FIRM ON THE NORTH SHORE o CITY OF SALEM, MASSACHUSETTS ye PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR f SALEM, MA 01970 TEL. (978) 745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. LISOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYOR November 1, 2001 Chester J. Chalupowski �+ 119 Walter Street—Apt. 65 Beverly, Ma. 01915 RE: 26 Andrew Street Dear Mr. Chalupowski: This Department conducted an inspection of your building on October 25, 2001. At your request and that of your second floor tenant, the following violations were found; 1. Third floor has no heat and is inhabitable. 2. Second floor has inadequate heat. 3. Windows on 2°d and 3` floor are broken, cracked, or no sash in place. 4. Improper and out of date wiring 2°d and 3`d floors. If you have any further questions, I can be reached at 978-745-9595 x 386. Sincerely, Frank DiPaolo Local Building Inspector aiF . d CITY OF SALEM BOARD OF HEALTH V Saiem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,IRS,CHO. - NINE NORTH STREET HEALTH AGENT - Tel:(508)741.1800 Fax:(508)740-9705 December 6, 1996 Andrew Street Realty Trust Chester J. Chalupowski,Jr.Trustee 11 Becket Street Apt.#3 Salem, MA. 01970 Dear Mr.Chalupowski: 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 It: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property located at 26 Andrew Street Apt.,#1 occupied by Melissa Newhall conducted by Virginia Moustakis, Senior Sanitarian,on Thursday, December 5,1996 at 11:00 A.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this Order. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearng,you will be given an opportunity to be heard and to present tacitness 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. Fo the Board of Health: Reply to: nne Scott Virginia Moustakis Health Agent Senior Sanitarian cc:Tenant & Electrical Inspector, Fire Prevention, & Building Inspector Certified Mail P 544 343 422 JS/sjk o-wli7volM r i ley 7 -131 AC: PW )111 .IZT) o M' kVU -2-0 APPLICATION FOR PLAN.EXAMINATION AND ILUILDING PERMIT ALL STRUCTURES EXCEPT 1 AND 2 F4MILY DWELLINGS IMPORTAYI':Applicants must complete all items on this page SITE INFOR ATIO��N r ee + '\ —Building— Property - Location Name ` _ Address 5:4. 9AA J� Map# Located in: Conservation Area Y/N Historic district Y/N_ Use Groups (check one) Residential(3 or more Units) R2 Type of improvement Residential(hotel/motel RI _ (check one) Assembly(churches) Al _ New Building Assembly(nightclubs etc) A2 Addition Assembly(restaurants. recreation) A3_ Alteration , / Business B_ Repair/Replacement Educational E_ Demolition_ Factory(moderate hazard) FI _ Move/Relocate Factory (low hazard) F'2_ Foundation Only-__ High Hazard H_ Accessory Building Institutional (residential care) 11 _ Other(describe) Institutional (incapacitated) 12_ Institutional(restrained) 13 Mercantile V!_ Storage(moderate hazard) S I _ Storage(low hazard) S2_ OWNERSIIIP INFORMATION(Plea type or Print Clearly) ,\ (` f / OWNER Name �-%.S heQk k ¢S e Lip-T L , Address_ Telephone G DESCRIPTION OF WORK'1'0 BE PERI-ORMED �. tnfjJp(�'IOW ESTIMA FED CONSTRUCTION C( . d�? 1 VC) - - 0 CONTRACTOR INFORMATION ^ J ` Name r. C 6NAS C Address 11 coos A -- Telephone 498-abS-Y9 ro Construction Supervisor's Lic # lop�e� Home Improvement Contractor# ARCHITECT/ENGINEER INFORMA'1' Name IMQA >` kkir0� Address Telephone 7�f� Mass. Registration # PERMIT FEE CALCULATION Residential est. cost x $7/$1,000 + $5.00 = Commercial est. cost x $11/$1,000 + $5.00= COMMENTS The undersigned does hereby attest that all information stated above is true to the best of my knowledge under the penalties of perjury Signed Date a �[� LD r� .:Ulfl.la l 'i ILU4.r I I. Crry PUBLIC PROPF�R-TY ev AAPPLICATION FOR PLAN EXAMINATION AND BUILDING PERMIT LL STRUCTURES EXCEPT I AND 2 FAMILY DWELLINGS IMPORTANT:Applicants must complete all items on this page SITE INFORMATION j Location Name 17 16� ) — Building Property .Address f A 4V\== © ��[`(O Nap p Located in: Conservation Area YiTJ Historic district YiN Use Groups (check one) Residential(3 or more Units) R2 Type of improvement Residential(hotel/motel RI _ (check one) Assembly(churches) Al _ New Building_ Assembly(nightclubs etc). A2_ Addition Assembly(restaurants, recreation) A3_ Alteration - Business . B Repair/Replacement Educational E_ _. Demolition�'� Factory(moderate hazard) FI _ Move/Relocate Factory(low hazard) F2_ Foundation Only High Hazard It_ Accessory Building Institutional (residential care) It _ Other(describe) Institutional(incapacitated) 12_ Institutional(restrained) 13 Mercantile :V!_ Storage(moderate hazard) S I _ Storage(low hazard) S2 OW NERSIIIP INFORMATION(Please type or Print C arly) OWNER Name / Pwi S rP *® to Address Telephone S8 JA, CD k 0, 1p�1�s BESCRIP'I'ION OF WORK TO BE PERI�ORhIEBT ,_ _A L p�`lfX -- tusk >3C tang r Fb IZt v%a W-L A' er Ctelw.. s r.�,A wwL l 5 Et to ` ES'1'INIA FED CONSTRUCTION COST M CONTRACTOR INFORMATION Name G'k - Address 11 t«S Telephone — t'O Construction Supervisor's Lic # tt3i Home Improvement Contractor# ARCHITECT/ENGINEER INFORM ION !� Name 41cv-?A n..w.v,.�p�aw�w.�lr�Il�GLc�� Address Telephone en fC- 744 — VW Z-- Mass. Registration # PERMIT FEE CALCULATION Residential est. cost x $7/$1,000 + $5.00 = Commercial est. cost x $11/$1,000 + $5.00= COMMENTS The undersigned does hereby attest that all information stated above is true to the best of my knowledge under the penalties of perjury Signed Date