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33 BALCOMB STREET - BUILDING JACKET X33 �Ho�es� Certificate Number: B-15-157 Permit Number: B-15-157 Commonwealth of Massachusetts City of Salem This is to Certify that the Multifamily 3+ Building located at ------------------------------- Building Type 33 BALCOMB STREET in the ---------------city of Salem ----------------- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY C/O unit #1 DAVID POTTER This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and expires ------------Not Applicable ------ unless sooner suspended or revoked. Expiration Date Issued On: Tuesday, March 15, 2016 Certificate Number: B-15-157 Permit Number: B-15-157 Commonwealth of Massachusetts City of Salem This is to Certify that the Multifamily 3+ Building located at Building Type ----------------33 BA_L__C__- MB STREET in in the ------------. City of Salem------------------ Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY C/O unit #2 DAVID POTTER This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and expires ............Not Applicable unless sooner suspended or revoked. Expiration Date Issued On: Tuesday, March 15, 2016 Certificate Number: B-15-157 Permit Number: B-15-157 Commonwealth of Massachusetts City of Salem This is to Certify that the Multifamily 3+ Building located at Building Type 33 BALCOMB STREET in the --------- City of Salem------------------ - ---- Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY C/O unit #3 DAVID POTTER This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and expires ------------Not Applicable unless sooner suspended or revoked. Expiration Date Issued On: Tuesday, March 15, 2016 / } Cgmmonwealth of Massachusetts ' Citv of Salem 9 ' e 120 Washington St,3rd Floor Salem,MA 01970(978)745-95951d;641 ° Return card to Building Division for Certificate of Occupancy Permit B-15-157 PERMIT TO B FEE PAID:: $1$1,309.00 DATE ISSUED: 3/3/2015 This certifies that NORTH VENTURES, INC has permission to erect, alter, ordemolish a building _ 33-BALCOMB STREET Map/Lot: 170062-0 as follows: Renovation THREE (3) NEW KITCHENS, FIVE (5) NEW BATHROOMS, NEW ROOF, & DEMOLISH GARAGE Contractor Name: ROBERT F. ROGERS — DBA: Ift Contractor License No: CS-085322 1 l 3/3/2015 4 Bul dl niBul g Of GOV / Date This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance.The Building Official may grant one or more extensions not to exceed six months each upon written request. All work authorized by this permit shall conform to the 1pproved application and the approved constructiondocumentsfor which this permit has been granted. All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes. This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the work until the completion of the same. r The Certificate of Occupancy will not be issued until all-applicable signatures by the Building and Fire Officials are provided on this permit. HIC#: 170415 "Persons contracting with unregistered contractors do not have access to the guaranty fund"(as set forth in MGL c.142A). Restrictions: + = Building plans are to be available on site. , All Permit Cards are the property of the PROPERTY OWNER. i • 4'i1N0,yyl Commonwealth of Massachusetts City of Salem Vo ,.� __ nor• 120 Washington St,3rd Floor Salem,MA 01970(978)745-9595x5641 Return card to Building Division for Certificate of Occupancy Structure CITY OF SALEM BUILDING PERMIT Excavation �- PERMIT TO BE POSTED IN THE WINDOW � a Footing INSPECTION RECORD Foundation Framing D Mechanical Insulation INSPECTION: BY DATE Chimney�/tSmoke C mber ? ,p//� J Final E7D9 4 ,J �y +/I P`1 Gc ,?!— c�� —.. Plumbing/Gas Rough:Plumbing 1" Rough: as Final /� G fflectrifidl Service Rough 0 Igh .Finales go Fire D partment o Preliminary Final 01 Health Department I t Preliminary Final 1 101-litu of �5,alem, nttrb of cFp1 11 P 3 :Q ,..,.,..N Av '84 APS 2 DECISION ON THE PETITION OF JON & STEVEN KALIVAS F�€w A SPECIAL PERMIT FOR 33 BALCOMB ST. , SALEM _ - A hearing on this petition was held on March 28, 1984 with the following Board Members present: James Hacker, Chairman; Messrs., Hopper, Strout and Associate Member Bencal. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. . Petitioners are requesting a Special Permit to convert an existing two family dwelling into a three family dwelling in this R-2 district. The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section V B, 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section VIII F and IX D, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and...gses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the S neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after consideration of the evidence presented at the public hearing, makes the following findings of fact: 1 . No opposition was raised to petitioner's plan by neighbors; 2. Premises were used as three family prior to the purchase of the property by the petitioners. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . The proposed use of the premises as a three family will not be substantially more detrimental than the existing use to the neighborhood, 2. On site parking is available. DECISION ON THE PETITION OF JON & STEVEN KALIVAS ' FOR A SPECIAL PERMIT FOR 33 BALC0MB ST. , SALEM page two •84 APR Therefore, the Zoning Board of Appeal voted unanimously to grape thq Special Permit to convert to a three family dwelling on theCtUlos;I-pg,tdrris and conditions SAL:t , 1 . This Special Permit shall terminate and the building shall revert to a two family dwelling if the property ceases to be. owner occupied; 2. Petitioner shall maintain five on site parking spaces from Foster Court; 3. A Certificate of Use and Occupancy shall be obtained prior to use of the third unit; _ 4. There shall be no structural changes. SPECIAL PERMIT GRANTED es B_ Hacker, Chairman A COPY OF THIS DECISION HAS BEEN FILE S•IITH THE PLANNING BOARD AND THE CITY CLERK •y a �t APPAL F?OGi TH13 DECiSM.N. IF ANY, SHALL EE A:-DE PURSUANT To sE7!01 17 OF THE M=. CEN RAL L%:!3, CHAPTER M. AND SHALL BE FEED :YITWN 20 OMS AFTER THE DATE OF FILING OF TH:3 11: THE OFFICE OF THE CITY CLERK. Pe'E..... .D .".MS. GENZRAL LdYS CHAPTER SOS. SECTION 11.INE VARA ME OR SPEC.'AL PER.'11T SHALL NOT TA6E EFf ECT V iL A COPY OF B&IRUiC THE CERT- - F THE CIT: CLE2ii THAT 20 O=YS HAVE ELQSED AND ::J APPEAL HAS SUE% RUD. 07 "i HIT.-:F S71;H AN AMAL KAS SEEN Fi IE. THAT IT HAS BEE.': D!S"SSED CR CEMED IS RESn. EJ 1: THE SOUTH ESSEX REMTRY CF C-=$ AND INDEXED U1✓YR THE RA:11E OF THE OP/NER OF RECORD OR IS RECORDED AND NOTED ON THE C59NER'S CERTIFIWE OF TITLE BOARD OF APPEAL Certificate Number: B-15.157 Permit Number: B-15-157 Commonwealth of Massachusetts City of Salem This is to Certify that theMultif ...................................................................... ......amily.. . ..........3+...Building... ........................................................................ located at . . Building Type 33 BALCOMB STREET in the City of Salem Address Tmn/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY C/O unit #1 DAVID POTTER This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and expires ...............................Not APPlicable unless sooner suspended or revoked. Eviration Date C44-'Ie-� Issued On: Tuesday, March 15, 2016 Certificate Number: B-15-157 Permit Number: B-15-157 Commonwealth of Massachusetts City of Salem This is to Certify that the ...........................................................Multifamily 3+ Building located at Building Type ......................................................................33 BALCOMB STREET....................................................................... in the .....................................Cit Y. Salem Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY C/O unit #3 DAVID POTTER This Permit is granted in conformity with the Statutes and Ordinances relating thereto, and expires ...............................Not APPlicable unless sooner suspended or revoked. Expiration Date re�441� Issued On: Tuesday, March 15, 2016 CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT ti 120 WASHINGTON STREET,3µD FLOOR s�q a TEL. (978) 745-9595 FAx(978) 740-9846 KIMBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER September 29,2009 Mary J. McNamara 1 I Yorkshire Road Marblehead Ma. 01945 R,E 33 Balcomb Street Dear Owner, this department has received and investigated a complaint regarding the condition of your rental property. The overgrowth is significant and is spreading out over the sidewalk. City of Salem ordinance 12-56 "Unsightly Conditions" requires the owner of a property to remove unsightly conditions from their property. . You are directed to remove the overgrowth from the property within 10 days of this notice. Failure to comply will result in Municipal Ordinance tickets being issued daily.IIf you have any questions,please contact me directly. Tho St Pierre Building Commissioner/Director of Inspectional Services cc,Jason Silva, Councillor Prevey UNITED STATES POSTA Cxll APB 0 • Sender: Please print your name, address, and ZlP+4 in1hirbox U q;Q) 4:17 11161'81 IIIIIII I III fillill J!III IIIAJ Sg�DER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete - Ig to ' Mm 41f Restricted Delivery Is desired. � � ❑Agent III Print your name and address on the reverse X Addressee so that we can return the card to you. 8. Received 4(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from hem 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No 0�/�0 N:(,� 1 I 3. Service Type ❑certified Mall ❑Express Mall ❑Registered 0.Return Recelpt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑yes 2. Article Number (transfer 6om service labeo PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 ° T Citp of batem, ;ffla!9gacbu5ett,5 r'r.o Public Propertp Department '�9ff�•ry1Ne �3uilbing 33epartment (One *atem Oreen 745-9595 est. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer July 6, 1988 Mr. Robert Fairbanks 2 Foster Court Salem, MA. 01970 RE: Alledged Zoning Violations , -33i Balco b_St,ree Dear Mr. Fairbanks, At your request I have reviewed the material submitted with regards to possible Zoning Violations at property located at 33 Balcomb Street with the following findings. 1 . The Board of Appeal decision states only that five (5) parking spaces be provided on the lot with no location being shown on the plan submitted to the board. Neither this department , nor any other, can force the occupants of the building to use the spaces, nor can they be prohibited from parking, legally on a public way. The music, loud conversations, hours of coming and going, and amount of traffic are not Zoning violations and would be better brought to the attention of the Police Department . I understand the problems that you have brought to my attention but un- fortunately this department does not have the authority to solve them for you. Sincerely, t Y44�' *0 Aoaaowv� William H. Munroe Director of Public Property WHM/eaf c.c. Mayor Salvo Ward Councillor City Clerk ` CITY OF SALEM, MASSACHUSETTS z` BUILDING DEPARTMENT fis" . 120 WASHINGTON STREET,3"D FLOOR 9epq�cA"' TEL: 978-745-9595 KINMERLEY DRISCOLL FAx: 978-740-9846 MAYOR THOMAS STTIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER ACTION REPORT—33 Balcomb Street January 21, 2015 At approximately 3:00 p.m. on Tuesday, January 20, 2015, I was asked by my Commissioner Thomas St. Pierre to meet Officer D.J. Gagnon at the aforementioned property located at 33 Balcomb Street based on an email sent by Assistant City Solicitor, Vicky Caldwell regarding the property.. Upon arriving at the residence and a subsequent site walk it was noted that two basement windows had been broken out and a second floor window had been smashed leaving the building was open to the weather. It was determined that entry into the building was required to ensure no one was in the building. Salem Fire Engine 2 arrived on site and entry was gained. An ensuing walk showed two windows and a door open to the weather on the third floor,three windows open to the weather on the second floor, multiple sash locks open on the first floor level and two basement windows open to weather on the basement level. Copper missing on all three floor levels, animal excrement all floors, interior damage throughout and no plumbing or electrical operational in the building.. I ordered the property secured and boarded up as per discussions with Mr. St. Pierre. Above mentioned site walk revealed no sign of squatters or individuals staying at time of walk. Was informed this morning that board up of residence was complete and building was secure also upon leaving site. If you have any questions regarding this letter,please contact me at(978) 619-5648. Respectfully, Michael E. Lutrzykowski Assistant Building Inspector Plans must be filed and approved by the Inspector before a permit will be granted. ( c7+ No. City of Salem y, e s'pc'ccm,.tcR" APPLICATION FOR PERMIT TO ROOF, REROOF OR INSTALL IDIN Salem, Mass., TO THE INSPECTOR OF BUILDINGS: The undersigned herebv appli for a permut o_bu/i�according t - he followingspecifications: Owner's name and address _ M� / _�__.%'cam Architect's name Mechanic's name and address 62!"O/lw'iJ 3��C'OQ�'Ll/✓'� �OG �%G� Location of building,NO--,- What is the purpose of building? Material of building? �iDo If a dwelling,for how many families"_ Will the building cogeln to the -equirements of the law? yds Estima-.ed cost O a Contractors Lic.No. C-2 6',� Signature of applicant � )('i%_� UNDER TH REMARKS PENALTY OF PERJURY. z � S' T✓r's�fs OCT 10 10 50 A'rj 'pG { RSCEIV CITY OF SALe"R7,iIASS. No. Ward APPLICATION FOR PERMIT TO ROOF REROOF OR INSTALL SIDING Location PERMIT GRANTED 19 Approved Building Inspector of �3ajpm, C 2I�5tTL�dt�P S:= nttrD of APrzatl 'ga ARK 11 P3 .0� DECISION ON THE PETITION OF JON & STEVEN KALIVAS Faky C� =r. ,' = �L A SPECIAL PERMIT FOR 33 BALCOMB ST. , SALEM A hearing on this petition was held on March 28, 1984 with the following Board Members present: James Hacker, Chairman; Messrs., Hopper, Strout and Associate Member Bencal. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners are requesting a Special Permit to convert an existing two family dwelling into a three family dwelling in this R-2 district_ The provision of the Salem Zoning Ordinance which is applicable to this request for a Special Permit is Section V B. 10, which provides as follows: _ Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section VIII F and IX D, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, and-uses, provided, however, that such change, extension, enlargement or expansion shall not be substantially more (1etrimental than the existing nonconforming use to the neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after consideration of the evidence presented at the public hearing, makes the following findings of fact: 1 . No opposition was raised to petitioner's plan by neighbors; 2. Premises were used as three family prior to the purchase of the property by the petitioners. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . The proposed use of the premises as a three family will not be substantially more detrimental than the existing use to the neighborhood; 2. On site parking is available. DECISION ON THE ,PETITION OF JON' & STEVEN KALIVAS FORA SPECIAL.. PERMIT FOR 33 'BALCOAIB ST. , SALEM page two •84 APR l 1 P 3 :I1^ Therefore, the Zoning Board of Appeal voted unanimously to gragt,,th(pu7Special Permit to convert to a three family dwelling on they MZI`;�Lng,-terms and conditions 1 . This Special Permit shall terminate and the building shall revert to a two family dwelling if the property ceases to be. owner occupied; 2. Petitioner shall maintain five on site parking spaces from Foster Court; 3. A Certificate of Use and Occupancy shall be obtained prior to use of the third unit; 4. There shall be no structural changes. SPECIAL PERMIT GRANTED 3$mes B. 11acker, Chairman A COPY OF THIS DECISION HAS BEEN FILES WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL THIS DECIM.N. IF ANY, SHALL BE A!-OE PURSUANT TO SEVP.ON 17 OF THE M=. GENERAL UiYS. CHAPTER 808. AND SHALL 8E FILED C71T4';1 20 DAYS AFTER THE DATE OF FILING OF THu 40,;S:03 I: THE OFFICE OF THE CITY CLERK. PF.._.... TJ :•._?SS. GE::RAL TANS, CHR?TER S:.IS, SECTION It.T8r_ VAR!A:ICE OR SPECIAL PEP..'.iR C2:d =4 N_RE!N, SHALL NOT TA6E EFFECT C':nL A CPY OF THE==CI:..... REARENC THE CERT= F;C„-.'.. CF THE CITY CLE?!', THAT 20 L-YS HAVE ELAPSED A:0 ::3 APPAL HAS BEEA FILED. Oil =_T. IF S:r1H III APPEAL P..-,S SEEN Fi LE. '.HAT IT HiS BEEN C:SGISSEO OR DEMES IS RET_",E 1:1 THE 3110TH ESSEX REGISTRY CF CEECS AND INDEXED G:.'•<R THE N.A:ME OF THE OWNER OF RECORD OR IS RECORDED AID NOTED CI Thr OW'NER'S CERTIFICATE OF TITLE BOARD OF APPEAL J ' s - :. sura of z4 w . c� '84 fiP 1 t ?3 -(' DECISION ON THE PETITION OF JON & STEVEN KALIVAS FCiFv A SPECIAL PERMIT FOR 33 BALCOMB ST. , SALE? A hearing on this petition was held on March 28, 1984 with the following Board Members present: James Hacker, Chairman; Messrs., Hopper, Strout and Associate Member Bencal. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners are requesting a Special Permit to convert an existing two family dwelling into a three family dwelling in this R-2 district. The provision of the Salem Zoning Ordinance which is applicable to this request. for a Special Permit is Section V B. 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section VIII F and IX D, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land, structures, q and-uses, provided, however, that such change, extension, 1' enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the S neighborhood. In more general terms, this Board is, when reviewing Special Permit requests, guided by the rule that a Special Permit request may be granted upon a finding by the Board that the grant of the Special Permit will promote the public health, safety, convenience and welfare of the City's inhabitants. The Board of Appeal, after consideration of the evidence presented at the public hearing, makes the following findings of fact: 1 . No opposition was raised to petitioner's plan by neighbors; 2. Premises were used as three family prior to the purchase of the property by the petitioners. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: I . The proposed use of the premises as a three family will not be substantially more detrimental than the existing use to the neighborhood; 2. On s_te parking is available. DECISION ON THE PETITION'.OF. JON & STEVEN KALIVAS.;- FOR A SPECIAL PERMIT FOR"33 BALCOPIB ST. , SALEM page two '84 APR Therefore, the Zoning Board of Appeal voted unanimously to gract'rhyc6pecial Permit to convert to a three family dwelling on the.U_(DYIoi+kng.terms and conditions 1 . This Special Permit shall terminate and the building shall revert to a two family dwelling if the property ceases to be owner occupied; 2. Petitioner shall maintain- five on site parking spaces from Foster Court; 3. A Certificate of Use and Occupancy shall be obtained prior to use of the third unit; 4. There shall be no structural changes. SPECIAL PERMIT GRANTED es B. acker, Chairman A COPY OF THIS DECISION HAS BEEN FILE WITH THE PLANNING BOARD AND THE CITY CLERK 71 APPEAL FdCil THI3 DECISION. IF ANY, SHALL BE MADE PURSUANT TO SECT!ON 17 OF THE F3AZ_ ! GENERAL U-'.'!S, CHAPTER M. AND SHALL BE FILED :'lIT9111 20 DAYS AFTER THE DATE OF FIUNG OF TH:3 DECiS:0'1 I' THE OFFICE OF THE CITY CLERK. .O :•.°ASS. GE;UAL 'ANS. C'H'APTER 8.13. SECTI?N 11. THE WR!.ANCE CR SPECIAL PER'-HT- . GRA,".z:; _:iE!ii. SHALL NAT TA>E EFFECT WITIL A CCPV OF TI'.E=c:aCE9'J. e_:;RI 0 THE CERT- CF ERTCF Tli'E CIT: CLUK THAT 20 DAYS HAVE ELAPSED A:0 ::3 APPEAL HAS SE-E.1 Fi'10. DR ii?7. :F 89SH AN 'APPEAL K".S BEEN FILE. THAT IT HAS BEEN 00E ISSED CR CE3::ED IS P,':'C4.•".;:EO ii: THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED G[i':•Ed THE NAME OF THE MINES OF RECORD OR IS RECORDED AND NOTED ON THE OWNER'S CERTIFICAiE OF TITLE BOARD OF APPEAL .. - ..,. r MEMORANDUM TO WILLIAM A. MUNROE, BUILDING INSPECTOR - CITY OF SALEM CALLING ATTENTION TO ZONING CODE VIOLATIONS AT 33 BALCOMB STREET AND NON-COMPLIANCE WITH CONDITIONS IMPOSED BY BOARD OF APPEALS FOR THE GRANTING OF VARIANCE TO CONVERT BUILDING AT THAT ADDRESS TO A THREE FAMILY HOUSE WITH THE REQUEST THAT: THE OWNERS OF SAID PROPERTY BE COMPELLED TO FULFIL THE CONDITIONS IMPOSED BY THE BOARD OF APPEAL, AND SO PROVIDE FIVE ON SITE PARKING • SPACES IN CONFORMITY WITH SECTION VII OF THE ZONING ORDINANCE OF THE. CITY OF SALEM: AND THAT THE OWNERS, THEIR TENANTS AND INVITEES CEASE AND DESIST FROM PARKING IN VIOLATION OF PARAGRAPH 4 (c) AND PARAGRAPH 6 OF' SECTION VII OF SAID ORDINANCES . • To: WILLIAM A. MUNROE, BUILDING INSPECTOR FOR THE CITY OF SALEM. As duly designated enforcement officer with respect to Violations of the Zoning Ordinance, Regulations issued thereunder and Performances, of the Conditions imposed by the Board of Appeals for Granting of Variances . Subject : This complaint relates to failures to comply with the conditions for the granting of the petition of Jon A. . and Steven Kalivas for a variance to convert the bui ding at a comb Street to a three family dwelling. See Essex South District Registry of Deeds , Book 7409 Page 187 for the decision. The petitioners for the variance had not complied with the second condition on the Special Permit as set forth in the above recording when they sold said property to Vincent and Mary McGrath, she being in residence at the present time . It is unlikely that they are even aware that the property lies in a A-2 district, that alteration to a three family dwelling was accomplished by a variance which subjected all succeeding title holders to compliance with the Zoning Ordinance. Said condition, provides "Petitioner shall maintain five on site parking spaces from .Foster. Court. " All of these parking • spaces must: comply with the definitions of Supplementary Regulations, Section VII. The number of spaces required,. location of stalls, width, depth, aisle widths, entrances and exits are all specified in Section VII. Of special note is the provision of sub-section 4 (c ) of Section VII, reading,"Parking facilities shall be-.designed so that each motor vehicle may proceed to and from the park- ing space provided for it without requiring the moving of any other motor vehicle. Practice: The parking pattern usually followed at 33 Balcomb Street Is not the usual to work then home for overnight. There is motor vehicle activity from early morning to late at night. During an earlier period 'piggy back parking"was the usual practice. Two rows of three vehicles each, only the last two having direct access to the street and four vehicles in violation of subsection 4.(c) of Section VII. There is still no parking pattern which encourages a "me, too" attitude , and the blocking of cars from direct exit to the street. • 33 BALCOMB STREET - DESCRIPTION OF LAND DEED DESCRIPTIONS: The sub-division of which this land was a part is recorded as "Plan of House Lots on the E . S . Poor Estate in Salem and Peabody" in Essex South District Registry of Deeds, Book 1151, Page 300", being Lots 30 and 31 on said plan. Land descriptions and contents remained unchanged from the early recording until March 1942. At that time the City Council of Salem, acting under its eminent domain powers, took from certain abuttors small portions of land so as to lay out a new street, "Foster Court Street", forty feet wide, as required by law for a new street acceptance. The City Council legally qualified Foster Court as a public way of the City of Salem. The Acceptance Plan, prepared by Frank Morse , City Engineer, of which a reduced copy is provided shows the fence existing between the garage and Balcomb Street to lie fully on Foster Court. The then owner was directed to remove and take away any and all buildings, trees, fences and other property within 30 days of the acceptance. She did not remove her fence and it must be considered to be abandoned. to the City of Salem. • The land so taken by the City of Salem, remains within the deed descriptions from 1942 to date, but merely to protect a possibility of reverter should Foster Court ever be abandon- ed as a public way by the City of Salem. It should be specially noted that the width of Foster Court as shown on the acceptance plan was not arbitrarily determined and its entire content is an integral part of the street as taken and cannot be abandoned in part or taken by prescription. It thus follows that 33 Balcomb Street, originally 80 by 1009 is now of lesser dimension for zoning purposes. ON SITE PARKING: Kalivas in his testimony represented on site parking to be available, and it would so appear, the garages and remaining property along Foster Court to the rear seem to yield five ample spaces for parking without interfering with the abuttors. Yet, having obtained the variance, it then occurred that the garages could remain locked, as they have been, and all vehicles jammed against the abutting property to the year, with all of the attendant noise, exhaust fumes, radios blasting, loud talk just outside the abuttors four bedroom windows. • SUGGESTED) SOLUTION Basically it does not appear feasible to locate all of the on-site parking: at the rear of the lot, adherence to the zoning specifications and dimensions and aisle placements would impede efficient placement. Should the garages be torn down an effective row along Foster Court would provide direct access and exit and preserve the desirable spaces adjacent to the house. At any rate the fence from the garages to Balcomb Street should be torn down or moved back to correct the deficiency in width of the road to its legal requirement. Of necessity a workable plan should be prepared to produce on-site parking spaces fully fully satisfying the provisions of the Zoning Ordinance and the Regulations to which the owners are subject because of the special privilege received in the variance„ • • -rte ECDA%4�� pet lv$ At.if� OE SIIEC1TLr �'�tLSS21tEE11S¢�'3....... - All'.._..--' �10aa afMeal .g, t t P s xz DECIS;JN r T4E FET:7108 OF JON t STEVEN ICALIVAS PLf y E' .•.... '^E %:�^'. A SPEC:A_ PEPM--. -P. 33 BALCaKE ST., SAL91 A nearing on tfas y:1:toe was held an March 28, 1984 With the fo11o.1ng Board _t. Mooers present: James facxer, Chairman: Mesas., 4opper, Strout and Assoelate Herber 9<ra:. yr ice o nearing was sent to abutters and others and notices cr tre h,ar,g were ;rote rly published In the Saler Evening Neva in accordance Y.assach-sr a 0entral Laws chapter 40A. Pet:tibners are rt.es:ing a Speclal Permit to convert an existing two family ewe:llnz L..; a zrree ra=lly dwelllrg in this B-2 district. The rr. v:sbc of tree Sa_e= 2on:ng Ordnance which is applicable to this request , for a SxUai ?e_a is 3ec:to.: : B to, which ro,ides as followav - - Y.xwans:and:reg an)'ening tc the contrary appearing - in :n^ s Crt:rase, cne 90a0 of Appeal may, in actorCact w!--t :.'.e orY--edure and Conditions set forth Sr. Secc:cn Y:I; F and ;S D. grant Special Permits for a_tera::ons and reconstruction of nonconforming st.^uctures, and for changes, enlargement, "tension or expansion of nonconforming lots, land, structures, • and uses, prc:iced, nowever, that such change, extension, - en`argenent or exrasnon s.•.cll not of substantially Dore detr:oeptaC itis. the existing nonconforo ng use to the neignocrhontl. ;n mr^ xenera: 'ere=. . tt:s Board is, when rev:ewing Special Permit requests, 3 gcicec oy :he r::e than a Special Perr:t regvest may be granted upon a finding r be t_. Soar. the - .: of cne Special Pe^it will prompte t-e F'vo11e Mal ttc sefec�, convenience a.. welfare ef the City's inhabitants. _ On Tne 9oart c. Appea;, after consideration of the evidence presented at tne publ ICD .^nearing. .axes the fo;)owing .rincrgs of fact: L Xc n_.;sit`gr. v=s al_ed to petitioner's plan by nelgheorn; C .. .._lses w_._ Xtc as --trar fac:ly prior to cne purchase of the - - - p c.. . tte Jr. t... :__. A:0.e fIndings Qf fact, and m the evidence presented at tra near c.'coe i rt orp;ea) concludes as follows: i'ne ;osel use c.' the premises as a three family .111 rot be U . sut::ar:la::y moredetrimental than the exiating use to the neighborh00R • Oo0K7409 wt 15 DECI3JUN 09 THE pETiTION OF JDN 6 STEVEN KALIVAS FOR A SPEC IQL'PERMIT FGP l] BALCOMB ST., SAI.FJ'1 14 page two - .. Therefore. the Zoning Board of Appeal voted unmlmous ly to_gFmt.d!td.L�a<1 ei Perolt to tonvert to A three family dwell Ing on theCfbYlZZjoH•uty and Conditions: . .I :+This Special Permit shall terolnate and the o b,, Wner occupiedi H shall reedit to d -' Itw-famf lY dwa111ng !f the property ceases to De ow Pettt3oner Shall =Intel, flue on site parlLlnH spaces from Foster Court; ..3., A Certificate of Use and Occupancy shall be obtained prior to use of the third unit; 4,; Theft shall De, no atrwttural Charges. i - SPECIAL PERMIT GRANTED f � Yj6 m K.Ckcr, Cnailm , .A COFY OF NNIS DECISION HAS BE" FIIE PITH THE PLANNING BOARD AND THE CITY CLERK I • ll11Al It' 1 p1t1iIM. ,1 ,.5144 6l w:pL (`p LIRI,r..5 Nall:]4i, DY(? SP.: .. V, J, - .1 int :_r't( 0. IK on LLtaa. a [w�f1!S S:."^.\ 11.:x J(cLL Q D•C-.111':1' u - C aiH4 I tn Ipr 1 1 n 5 5 L C 19 l:'❑ ( .. 4 ••.a lS.i, • 1:Y\:, [ iii Lvp rtp(a.,. n eZ�1010 1.a noHD EY txl D,rnle: :I IIICL .Yfx woo DI ww : .Dole' ILy 17, 1984_ 1 Mali enily A., 10 doyi hove eei,.d h S 1 Il:un[r C i an {�17,1LQ1 API EA. h.E ben'.. vin I,ui ATTEST: i i •,?J ir., �¢ 1l i T < ♦ l kit S d J t l t Y *' 1 SUPPLEMENTARY REGULATIONS SECTION VII C. _off-Street Parking - Uncovered, not included in structure : fir•'. Off-street parking spaces shall be provided and maintained by the owner of the property for each building or use which , after the effective date of this Ordinance , is erected , enlarged , or altered, according to the following regulations : 1 . All parking space required by this Ordinance shall be on the same lot as the building or use which they are intended to serve, except that the Board of Appeals may permit the parking spaces to be provided within four hundred feet of the building of use intended to be served, if the Board determines that it is impractical to provide parking on the same lot with the building . If a separate lot is used for parking , the ownership of the lot must , .for all times , be held by the same ownership as the lot on which the building is erected. If the parking lot ownership is separated from the owner- ship of the building , this shall be deemed a violation and the Building Inspector shall void the Certificate of Occupancy. 2. Notwithstanding any other provision of this Ordinance, off-street parkin.- shall not be required : _. a. For any Church or other place or worship, or secondary school , or institution of higher education, with the exception of the State College at Salem where local Ordinances shall prevail. P 1 3. Required parking spaces shall not be reduced or encroached upon in any manner unless a change in use occurs which permits a change in the amount of parking area required. 4. Design of all off-street Parking Facilities a. Parking facilities shall be occupied only by passenger cars and commercial vehicles not exceeding seven and one-half feet in width and eighteen feet in length . b. The minimum dimensions of stalls and aisles shall be as follows - 1- Stall width shall be at least nine feet. . 2- Stall depth shall be at least nineteen feet for all angle parking and twenty-two feet for parallel parking. Such dimensions may include no more than two feet of any landscaped setback area adjacent to the front or rear of a stall and used for bumper overhang. L1 G y SUPPLEMENTARY REGULATIONS SECTION VII 3- Minimum width of aisles providing access to stall for one-way traffic only , varying with the angle of parking , shall be Angle of Parking Minimum Aisle Width Parallel 12 feet 300 11 feet 450 13 feet 600 18 feet 900 20 feet 4- Minimum width of aisles providing access to stalls for two-way traffic shall be twenty- four feet , except that aisles providing access primarily for overnight parking may be a minimum of twenty feet . C. Parking facilities shall be designed so that - each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle. d. The width of entrance and exit drives shall be - 1- a minimum of twelve feet for one-way use only. • 2- a minimum of twenty feet for two-way use, except that driveways providing access primarily for overnight parking , with incidental day-time use, may be a minimum of twelve feet wide , and 3- a maximum of twenty feet at the street lot line in residence districts , and thirty feet in busi- ness and industrial districts . e. Setbacks for parking areas shall be provided as follows - l- In all districts parking stalls in parking lots shall be set back from the street lot line to whatever extent may be necessary in the specific situation , as determined by the Building Inspector, to avoid the probability of cars backing or otherwise maneuvering on the sidewalk upon entering or leaving the stalls . In no case shall parking lots be designed. to require or encourage cars to back into a public or private way in order to leave the lot . 2- The surfaced area of a parking lot and all en- trance and exit drives shall be set back a minimum of two feet from all lot lines , except where an access driveway crosses the street lot line. 47 SUPPLEMENTARY REGULATIONS SECTION VII • S. No part of an off-street parking area required by this Ordinance for any building or use shall he included as part of an off-street parkins area similarly required for another building or use unless the type of build- ings or uses indicate that the usage of such parking area would not occur simultaneously , as determined by the Board of Appeals. 6. The following numbers of off-street parking spaces shall be the minimum required for use indicated. Each parking area shall contain not less than three hundred square feet of gross area for each vehicle, including necessary aisles and driveways, and not less than one hundred seventy square feet of area in each parking stall , with each stall a-minimum of nine feet in width. A driveway may be considered a parking space :for a dwellings , provided that each vehicle has direct access to a street or public way . Notwithstanding any restrictions in this paragraph C , no area within five feet of the street line, including any driveway , shall be considered as a parking space in R-C, R-1 , R-2, and R-3 Districts. In R-3 Districts , the restriction on off-street parking will not apply to elderly housing projects built under the jurisdiction of of the Salem Housing Authority and financially aided by • either the U. S. Public Housing Administration and/or the Commonwealth of Massachusetts Department of Commerce - Division of Public Housing. USE REQUIRED PARKING Dwellings (R-C, R-1 , R-2, R-3) One and one-half spaces rooming houses, tourist homes , per dwelling unit , with home occupations. a minimum of two spaces , plus one space for each home occupation. Historic buildings open to the One space for each two public , museums , libraries, employees , plus such municipal buildings other than additional space for schools. visitors as shall be de- termined necessary by th Board of Appeals. Recreation buildings and One space for each two areas operated by. membership employees , plus one spat clubs. for each four members . Public and private golf courses, One space for each tv:o • golf driving. ranges , miniature employees , plus one spat golf courses . for each hole. 48 µ SUPPLEMENTARY REGULATIONS SECTION VII USE REQUIRED P',RKINC Hospital and sanitaria, One space for each doctor accredited nursing and convalescent to practice therein , plus one space homes . for each two employees, plus one space for each four beds, excluding bassinets . Philanthropic and charitable One space for each two employees , institutions. plus such additional space as shall be determined necessary by the Board of Appeals. Funeral Homes . One space for each four seats, plus one space for each two employees, plus one space for each company _ vehicle. There shall be a minimum of twelve spaces . Retail business and service One space for each one hundred establishments , except eating fifty square feet of gross floor and drinking places. area of the building , excluding storage area. Theaters and other places of One space for each foto- seats , plus public assembly, restaurants one space for each tv..o emplo;rees. • and other eating and drinking places, but excluding drive-in restaurants and drive-in snack bars. Drive-in restaurants and other One space for each two employees, eating and drinking places . plus fifteen spaces. Bowling alleys. One space for each alley plus one space for each two employees. Other places of commercial One space for each thirty-six recreation and entertainment , square feet of floor area, plus such as roller rinks and one space for each two employees. dance halls . "Music and dancing studios, One space for each two employees , trade and business schools . including teachers and administra- tors , plus one space for each four studios in trade or business schools. Motels, hotels , and inns . One space for each guest room, plus one space for each two employees . Business offices. One space for each employee. • 49 SUPPLEMENTARY REGULATIONS SECTION VII USE REQUIRED PARKING Professional offices , medical One space for each professional and dental clinics . person, plus one space for each two other employees , plus two additional spaces for each professional person in the case of medical or dental clinics . Wholesale merchandise brokers , One space for each company vehicle , service industry establish- plus one space for each two employ- ments, such as plumbing, ees , plus one space for each one carpentry ,- sheet metal , and thousand square feet of gross floor printing shops , warehousing , area of the building, excluding and industrials uses. storage area. "Non-residential uses in the B-5 District shall not be required to provide off-street parking since the community will accept the responsibility for non-residential parking in this district . New residential dwelling uses in the B-5 District shall provide parking in accordance with the following schedule: • The parking requirements for the B=5 District will be as follows : a. Provisions shall be made for not less than one (1) parking space per dwelling unit for existing buildings and one and one half (lis) parking spaces per dwelling unit for new construction. b. The parking requirements for rehabilitated buildings may be accommodated by either one or a combination of on-site narking , and/or parking at municipal or other narking facilities in the vicinity of the proposed use. C. The parking requirements for new construction shall be accommo- dated by on-site parking. d. All land parcels along the north bank of the North River , speci- fically parcels 400, 401, 402 , 403 , 404 , 405, 406, and 407 as described on Assessors plate 26 shall be required to provide 1� parking spaces per unit. Such spaces shall be on-site. (This provision supercedes all other provisions of Section VII Article C Number 6. ) e. All municipal or other parking facilities which are used to satisfy the parking requirement must meet the following criteria : • 1. Parking facility must be less than 1, 000 feet from the proposed development, distance to be measured in a straight line from the two closest points between the proposed use and the parking facility. 50 SUPPLEMENTARY REGULATIONS SECTION VII f. If using a municipal facility, owner must purchase parking stickers to satisfy the parking, requirement. g. In contrast to all other defined housing types built under the jurisdiction of the Salem Housing Authority for elderly and/or handicapped person shall require one third (1/3) parking space per dwelling unit. 7. After the effective date of this Ordinance, any parcel of land which is developed as a parking area for ten or more vehicles or as a drive-in business or automobile , trailer, or boat sales or service establishment shall be developed as follows, subject . to the approval of the plans tbereof by the -City Engineer. a. Such area, where subject to wheeled traffic, shall be treated with bituminous concrete or equivalent surfacin.- and shall have appropriate bumper or wheel guards where needed . b . A solid wall or fence or compact evergreen screening five feet high shall be erected along all property lines abutting residential uses . C. Any light used to illuminate said parking area shall be so arranged as to reflect light away from adjoining premises and streets . 51 From the Office of: STANDARD FORM Tierney, Kalis, Pdaltrlpoulos & Luca PURCHASE AND SALE AGREEMEN1133 Washington Street Salem, MA 01970 This 4th day of March 19 sa 1. PARTIES (fill in) Jon A. Kalivas, Steven N. Kalivas and Linda F. ICalivas. of Salam, Massachusetts hereinafter called the SELLER, agrees to SELL and Vincent McGrath and Mary McGrath, and/or their nominee hereinafter called the BUYER or PURCHASER, agrees to BUY, upon the terms hereinafter set forth, the following described premises: 2. DESCRIPTION The land with the buildings thereon kmwn as and ntmbered 33 Balomb (rill inand include Street, Salem, Massachusetts, as taore particularly described in a title reference) deed recorded with the Essex South District, Registry Of Deeds- at Book 8514, Page 552, a copy of which is attached hereto for reference. 3. BUILDINGS, Included in the sale as a part of said premises are the buildings, structures, and improvements now STRUCTURES, thereon,and the fixtures belonging to the SELLER and used in connection therewith including,if any,all IMPROVEMENTS, wail-to-wall carpeting,drapery"rods,automatic garage door openers,venetian blinds,window shades. FIXTURES screens, screen doors, storm windows and doors, awnings, shutters, furnaces, heaters, heating equipment, stoves, ranges, oil and gas burners and fixtures appurtenant thereto. hot water heaters, (fill in or delete) plumbing and bathroom fixtures,garbage disposers,electric and other lighting fixtures,mantels,outside television antennas, fences, gates, trees, shrubs, plants, and, ONLY IF BUILT IN, refrigerators, air conditioning equipment, ventilators, dishwashers, washing machines and dryers;i Including naw stove on second floor and other appliances as listed on Broker's • ZimmmWlistIng to be included in sale without additional paynetlt. 4. TITLE DEED Said premises are to be conveyed by a good and sufficient quitclaim deed running to the BUYER,or to the e (fill in) nominee designated by the BUYER by written notice to the SELLER at least seven (7)� - days I *Include here by specific before the deed is to be delivered as herein provided,and said deed shall convey a good And clear record reference any restric- and marketable title thereto, free from encumbrances, except tions, easements, rights (a) Provisions of existing building and zoning laws; '. and obligations in party Ib) Existing rights and obligations in party walls which are not the subject of written agreement; walls not included in (b), (c) Such taxes for the then current year as are not due and payable on the date of the delivery of such leases, municipal and deed; other liens,other encum- (d) Any liens for municipal betterments assessed after the date of this agreement; brances, and make pro- (e) Easements, restrictions and reservations of record, if any, so long as the same do not prohibit vision to protect or materially interfere with the current use of said premises; SELLER against BUYERS 'If) Decision of the City of Salam Board of Appeals Decision dated breach of SELLER's May 17, 1984 and recorder( with Essex South District Registry of covenants in leases, where necessary. Deeds at Book 7409, Page 166, a copy of which is attached hereto and incorporated herein by reference. 5. PLANS If said deed refers to a plan necessary to be recorded therewith the SELLER shall deliver such plan with the deed in form adequate for recording or registration. 6. REGISTERED In addition to the foregoing,if the title to said premises is registered,said deed shall be in form sufficient TITLE to entitle the BUYER to a CarTijjeOremises, and the SELLER shall deliver.with said deed all instruments, if any, a BUYER to obtain such Certificate of Title. 7. PURCHASE PRICE The agreed purchase price for said premises is Two Hundred Sixty Five Thousand (fill in/; space is ($ 265,000.00)------------- --^--- dollars, of which allowed to write out the amounts $ 13,000.00 have been paid as a deposit this day and if desired $ s 252,000.00 are to be paid at the time of delivery of the deed in cash,or by certified, • cashier's, treasurer's or bank check. $ $. 265,000.00 TOTAL COPYRIGHT a 1978. 1984, 1986 All rights reserved. This form may not be copied or reproduced in whole (_} GREATER BOSTON REAL ESTATE aOARD or in part in any manner whatsoever without the prier es press written u consent of the Greater Bnsion Real Estate Board. ^^� xp WE-FOR Such deed is to be delivered at 2 oclock P.M. on or before the 15th day of 'ERFORMANCE: April, 1988 , at the LSSeX SOuth District DELIVERY OF .- DSED I1d/in) Registry of.Deeds, unless otherwise agreed upon in writing. It is agreed that time is of the essence V4. of this agreement. subject to exys{yng tenancies • 9. POSSESSION and Full possession of said premises , except as herein provided, is to ! CONDITIONS of be delivered at the time of the delivery of the deed,said premises to be then(a)in the same condition PREMISES. as they now are reasonable use and wear thereof excepted, and (b) not in violation of said building (attach a list of and zoning laws,and(c)in compliance with provisions of any instrument referred to in clause 41 exceptions, if any) The BUYER shall be entitled to an inspection of said premises prior to the delivery of the deed in order to determine whether the condition thereof complies with the terms of this clause. 10. EXTENSION TO If the SELLER shall be unable to give title or to make conveyance or to deliver possession of the premises, PERFECT TITLE all as herein stipulated, or if at the'time of delivery of the deed the premises do not conform with the OR MAKE provisions hereof,then-anyaaymentsatarlaundeFth�gres ��° �'r+ 'afuadadandallpihec PREMISES ebVigetiens ot2ke ie¢hrreto-ehal�eease-and_this.agmaawwtshalLbe.yoid_witkeut-reseuree CONFORM -t&rf�pertieot+eraterunlesc the SELLER shall use reasonable efforts to remove any defects in title, (Change period of or to deliver possession as provided herein, or to make the said premises conform to the provisions time if desired)• hereof,as the case may be,in which event the SELLER shall give written notice thereof to the BUYER at or before the time for performance hereunder,and thereupon the time for performance hereof shall be extended for a period of thirty (30): days. - - 11. FAILURE TO If at the expiration of the extended time the SELLER shall have failed so to remove any defects in title, E PERFECT TITLE deliver possession, or make the premises conform, as the case may be, all as herein agreed, or if at OR MAKE any time during the period of this agreement or any extension thereof, the holder of a mortgage on PREMISES said premises shall refuse to permit the insurance proceeds,if any,to be used for such purposes,then CONFORM, etc. any payments made under this agreement shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. 12. BUYER'S The BUYER shall have the election,at either the original or any extended time for performance,to accept ELECTION TO such title as the SELLER can deliver to the said premises in their then condition and to pay therefor ACCEPT TITLE the purchase price without deduction,in which case the SELLER shall convey such title, except that in the event of such conveyance in accord with the provisions of this clause,if the said premises shall have been damaged by fire or casualty insured against,then the SELLER shall,unless the SELLER has • previously restored the premises to their former condition, either (a) pay over or assign to the BUYER,on delivery of the deed, all amounts recovered or recoverable on account of such insurance, less any amounts reasonably expended by the SELLER for any partial restoration, or (b) if a holder of a mortgage on said premises shall not permit the insurance proceeds or a part thereof to be used to restore the said premises to their former condition or to be so paid over or assigned,give to the BUYER a credit against the purchase price,on delivery of the deed,equal to said amounts so recovered or recoverable and retained by the holder of the said mortgage less any amounts reasonably expended by the SELLER for any partial restoration. ` 13. ACCEPTANCE The acceptance of a deed by the BUYER or his nominee as the case may be,shall be deemed to be a full OF DEED performance and discharge of every agreement and obligation herein contained or expressed, except such as are, by the terms hereof, to be performed after the delivery of said deed. 14. USE OF To enable the SELLER to make conveyance as herein provided,the SELLER may,at the time of delivery MONEY TO of the deed,use the purchase money or any portion thereof to clear the title of any or all encumbrances CLEAR TITLE or interests, provided that all instruments so procured are recorded simultaneously with the delivery of said deed. 15. INSURANCE Until the delivery of the deed, the SELLER shall maintain insurance on said premises as follows: Insert amount Type of Insurance Amount of Coverage (list additional ,$ types rii iruurame (a) Fire As presently insured and amounts as (b) Extended Coverage agreed) (c) 16. ADJUSTMENTS Collected rents,rte, water and sewer use charges,operating expenses(if any)according (list operating ex- to the schedule attached hereto or set forth below, and taxes for the then current year, shall be penes, if any, or apportioned and fuel value shall be adjusted, as of the day of performance of this agreement attach schedule) and the net amount thereof shall be added to or deducted from, as the case may be, the purchase price payable by the BUYER at the time of delivery of the deed. Uncollected rents for the current rental • period shall be apportioned if and when collected by either party. I! .17, ADJUSTMENT OF If the amount of said taxes is not known at the time of the delivery of the deed,they shall be apportioned UNASSESSED on the basis of the taxes assessed for the preceding year,with a reapportionment as soon asthe new tax AND rate and valuation can be ascertained; and,if the taxes which are to be apportioned shall thereafter ABATED TAXES be reduced by abatement,the amount of such abatement, less the reasonable cost of obtaining the same shall be apportioned between the parties,provided that neither party shag be obligated to institute or prosecute proceedings for an abatement unless herein otherwise agreed. 18. BROKER'S FEE A broker's fee for professional service of $ 15,900.00 (fill in fee with is due from the SELLER to Julie Tache Associates, upon delivery of the deed and dollar amount or pays ent of the purchase price in full. percentage; also name of Broker's!: the Broker's!herein, but if•� cc"cq ••^•he tetras of clause 21 hereof retains the deposits made hereunder by theBU r ( sTrsII be entitled to receive from the SELLER an amount equal to one-half the amounRlflnt equal to the Brokers fee for professional services according to this contract, whichever is the lesser. 19. BROKERfS) The Brokeds) named herein WARRANTY 'warrantid) that the Broker(90 islISM duly licensed as such by the Commonwealth of Massachusetts. (rill in name) 20. DEPOSIT All deposits made hereunder shall be held in escrow by the Brokerig) (fill in, or delete subject to the terms of this agreement and shall be duly accounted for at the time for performance of this reference to agreement brokers) if SELLER holds deposit/ 21. BUYER'S If the BUYER shall fail to fulfill the BUYER'S agreements herein, all deposits made hereunder by the DEFAULT; BUYER shall be retained by the SELLER as liquidated damagegpMese-wiihia-ihiRydays-atter2hetiaw DAMAGES �efpertormaace-e€Skis-agreemeruccaa�autewsierihwaot.ihe-SEI.LESast+erwiaef+etiResti+e4W-:R ynwvriting- which shall be SELLER'S sole remedy in law and in equity. • 22. RELEASE BY The SELLER'S spouse hereby agrees to join in said deed and to release and convey all statutory and other HUSBAND OR rights and interests in said premises. ` WIFE 23. BROKER AS The Broker(s) named herein join(s).in this agreement and become(s) a party hereto, insofar as any PARTY provisions of this agreement expressly apply to the Broker(s),and to any amendments or modifications of such provisions to which the Broker(s) agree(s) in writing. 24. LIABILITY OF If the SELLER or BUYER executes this agreement in a representative or fiduciary capacity, only the TRUSTEE, principal or the estate re[3e st�'E�F,d, and neither the SELLER or BUYER so executing, SHAREHOLDER, nor any shareholder or b �lif{�{�F!, �'u�shall be personally liable for any obligation, express BENEFICIARY, etc or implied, hereunder. - 25. WARRANTIES The BUYER acknowledges that the BUYER has not been influenced to enter into this transaction nor has AND REPRE- he relied upon any warranties or representations not set forth or incorporated in this agreement or SENTATIONS previously made in writing, except for the following additional warranties and representations, if any, (fill in); if none, made by either the SELLER or the Broker(s): state 'none if any listed, indicate None by whom each war- ranty or represen- tation was made 26. MORTGAGE In order to help finance the acquisition of said premises,the BUYER shall apply for a-conventional bank or CONTINGENCYother institutional mortgage loan of s 940 000 00 , payable in no Idss than�_Years CLAUSE at an interest rate not to exceed 1.025% —If despite the BUYER's diligent -- efforts a commitment for such loan cannot be obtained on or before April 4 , 19-aa—the BUYER may terminate this agreement by written notice to the SELLER(S) and/or the Broker(s), as agent for the SELLER,prior to the expiration of such time,whereupon any payments made under this agreement • shall be forthwith refunded and all other obligations of the parties hereto shall cease and this agreement shall be void without recourse to the parties hereto. In no event will the BUYER be deemed to have used diligent efforts to obtain such commitment unless the BUYER submits a comnlete mortgage loan application conforming to the foregoing provisions on or before --Marl 10, ,19 88 27. CONSTRUCTION This instrument, executed in multiple counterparts, is to be construed as a Massachusetts contract, • OF AGREEMENT is to take effect as a sealed instrument, sets forth the entire contract between the parties, is binding upon and enures to the benefit of the parties hereto and their respective heirs, devisees, executors, • administrators,successors and assigns,and may be cancelled,modified or amended only by a written instrument executed by both the SELLER and the BUYER. It two or more persons are named herein as BUYER their obligations hereunder shall be joint and several. The captions and marginal notes are used only as a matter of convenience and are not to be considered a part of this agreement or to be I used in determining the intent of the parties to it. 28. LEAD PAINT The parties acknowledge that,under Massachusetts law, whenever a child or children under six years LAW of age resides in any residential premises in which any paint,plaster or other accessible material contains dangerous levels of lead,the owner of said premises must remove or cover said paint,plaster or other material so as to make it inaccessible to children under six years of age. 29. SMOKE The SELLER shall, at the time of the delivery of the deed,deliver a certificate from the fire department DETECTORS of the city or town in which said premises are located stating that said premises have been equipped with approved smoke detectors in conformity with applicable law. 30. ADDITIONAL The initialed riders, if any, attached hereto, are incorporated herein by reference. PROVISIONS See Pddendtm attached hereto arra incorporated herein by reference. • NOTICE: This is a legal document that creates binding obligations. If not understood, consult an attorney. ' LLER fors ousel f J P Jon A. Kalivas SELLER Steven N. Kalivas , - BBUUI-ER 'ncent M,:Grath BUYER Mgbj(rathr f \Se er' Linda F. Kalivas Broker(s) EXTENSION Date The time for the performance of the foregoing agreement is extended until o'clock M. on the day of 19_, time still being of the essence of this agreement as extended. In all other respects, this agreement is hereby ratified and confirmed. This extension, executed in multiple counterparts, is intended to take effect as a sealed instrument. SELLER (or spouse) SELLER _ BUYER BUYER • BROKER(S) J. I ch A TENANCY AT WILL September_2.,..._1987_ `(,_.:.^. :1::1. •. _ . . . JUlll nn• _Ves D61lVIIU„ JL. Jalem, C,H TC:<:l.N' Robert L. Ammon, Timothy John D'Annolfo, _Walter Ammnn - — 33 Balcomb St._-.Sale TIT, MA___ ) . 1 bath '•x*xx tun„ra,en' e dims..,_. kit:w/stove. &_.refrlg: , ._ .:. - ,r. ... . . - --IpaUe and - _ 1st._ _ :1:,.. - . month 750.00 mon[h . . - - September 1, 1987 . each..ar. if if :::. r•rarn by Tr•r.a^. cl 1'.'s aceer S4e1r DE vnd.•:iN'U o.'Hake no'Sutter an, aC' �::c _ .. . . ... _e - .. .. "a;,, nor s.ffe,any inm c U THS to The L.rrnc'_ . .. ... at,:: .¢_ r.ce.11, rv.. n.. + _ c✓),rib by unit.space^eat/. . ., - . .._: - - I. L dolt I . ' IA:JG'•151I 'r ' r n Clie 1p d U^ :. -) d:If)OSe U U (.r•.T WCLEAN. ,.- r , o' said b✓. c a..v C :. s„oa. eon r. � r .. i�• V 4.)Jv!f'I > 1:: .. _ .'l:.J .aC.-Jl If,Plooff, ItcrOte'l-esProof dnG . ..n, ),, 1 :P ane -• s^r,er::Sha-m .. .. .. :o . .r . or cause naut. I- 1 :'I! nre I hot 'i if.il to I I. nB .Ir. ., r__'\_a _,5•)J,. Ulf r _ ��.. Tom ` 1 n' 011rr: ar:,c ,o oMnua. n ,rue•b.' . . .. If W. ha;is pr o:,f” conm., a was o. 011;4ifl._e': E HEAT AND C H'fo. J11071I.S ch'r utilnresvmeme, e, a' IJ U, and es,111y n,rd The. Landlord ay,ea n lior TJi full",on r .. ^n -: < ` n S v .1 ••.f. Inaeep to Ihr'C t nl ml, such aie, J Cat o r furnished throuC,ulI.1 ,. r' 1 -.J1 ')r. fna.0., ulrl , P 11111 'JY15, but LhC 12rr.. f IU 11• ,ccorna�Ci - nn�r1 JrU In Pin-) cnnlro .). m. nu....�.d..:.',,,... r•,-_ n I: cue a1yI,.)I .t. V.11ualrlY Ur C. ('uC 4- ''<,si!n\ causes bue)lofnn.d afile ation_ 1 Slat, 01 J mwndlrndms ,ru,✓n q; <n, dry nevmrnrs.r.de'tr SO,, e If, nn; IS,mro. Iv . Oisc✓vs"I'll, rho_.:.•:!:,: ..r.... ......a:.:nr. .:.J:h wdl Pr /on:•d o+ vo✓Too This apartment ' 5r - u o< o Wo, I I <. , u f . 1 as oft En KEYS AND LC *� l l 5 s -' - , c pau .: .' ) I,% cn I c. vetl o v 1 c'+ n 1 v VIA:1-tf ddEtl U9 T Terra(•: u., n: Teran: T.•.rint .nJ - i J wf )vr.. .u). r. •. Lot' ., a o 5. U:r 9.!c.tsr:d, Vlac ,. . 1<T in. ,: P). L.•ndnua COPYRIGHT r`i7976 - - GREATER BOSTON REAL ESTATE BOARD All rights rose(vbc. This torm may not be copied or reproducedin FORM NO.3 whole or in pan in anY manner whatsoever without the prior RHA RHA e<pnss Elate Board. written cons.•m of the Greater Boston Reel .,r 2 15'LOSS OR DAMAGE -Tenant agrees to indemnify and save Landlord harmless from all liability,loss or d made or wlle'" on the gprlisei by Tenant•his family,friends.relatives invit affron arising front any nuisance Of Insole Cr conduct of any of sutra eel;Wsitor 'agents,or"it h f b iron bray carelessness•r loss s. Persons.Subject to the Provisions s'of applicable law, Landlord shall hot be liable for damage ro or toss of Lanitllorff c11 anv kmtl while on the Premises or in xray "Wage Spate in the building no, for any Personal injury,unieu caused by negligence of 9 PARKING -Parking on thePrerrrofLandlordappermiLYed $ Ca,-fel fesPrmi tltedtsklryz*c irik lk*7rsy*tY*kfidrly. 10 PETS -- No dims m or11e,anunals,brads,or PMS shall Ix• kept in w upon de.:prCm,5C1 wdhuui Lantltord's written consent and conscm so g.wa aew tn',rvu ked as any time.. I1 PL UMRfNG - ill closets, diTpO1dls, and waste ousel shall nor lse used fur any pugiose, oche, than those for which they weir: col. strutted,nn, Shall any SwtYPmV1,rubbish,rags,or any Usher mu)a 09Mi aft'cles be Ihrown 1010 the same, 1?. REPAIRS - Tcnanl shall IT an 1in1Cs keep and maintain the pre,mses and all enOilvnrml and fixtures therein o,used therewith repaired. wh0h•:uIIl o: Inu si:le ku•d,INaLty and rleserimion and n sutn V,em rCtlau Older;mA CUnd:b'Jn a1 al 'he COmmenCem Cnl OI Oceu PanCV.Oe ds may tic put m Thnreafie,, reasonable wear and teal and oansage br unavoidable casualty only v.cetted. Landlord and Tenant agree to comply with any µ•SPOnSd)'h,V which cilhe, may have under dPPI,cable law 10 ry:rl0rm uglairs ,Pon the premises. It Tenant fails within a reasonable time to make such repairs or improperly makes such repae's, Ihtn and m any such evens, Landlord may IWI shall not be obligated Iof make such repairs and Tenant shall reimburse Landlord for the leasonable cost Of such repairs in full,upon demand. Pre RIGHT OF ENTRY - Tne Landlord may enter upon it,,. :eased pre,:1•sC: m case Of emeryen0y, 10 make reDdnZ thereto, l0 inspect the pr¢misCs. or 10 ShOw the preen,se5 to prospective tenants, pughalers, Or n•origaVBCs. The Landlord may also enter Upth the , to Inspect t ;• same appear TO have been abantl0ned by the Tenant or as Otherwise PC,miitcA by law. ' 14, OCCUPANCY OF PREMISES - Tenant shah not ass, rIT n0• one le• a,:y pari d lid hole OI IRC prennTlZ,nor fhalt PermiS ;^e:i erniies 10 be y.1hele0 f0, a period longer ren a Pont,Temto them arY visit by anyone Cxh'pt the individuals sPecif,cally named in the first paragraph Of lois tenancy,tf+r.i, mouses,and any children n to them hereat her,wrhou: fire Obtaining on eacn occasion The assent in wfiling of Landlord. l 15., NOTICES - SVri:ren note from ;nc Landlorp to the Tenant shall ^^ d"-r to have b:en Properly given;f mailed by registered or cer- :iiW:d mail. POslage PreDaid. return receipt reWested 10 The Tenant a, 1"aa•:r. n:.Ilse premrTCs,Or it delivered or left in or on any Pan there. Of. Pr O�iACd Ihdl if s0 mailed, he reCe,pl has been Signed,d, d Zp delivered Of let:. i11G1 >UCn notice has been delivered to or left with,the Y Or lmpli0dly authorized t0 receive messeCes for The Tenant,or by any adult who resides with the Tenant in the Premises,efi., en nodes from the Tee TA the Landlord shat: be,deemed to nave been Property given if mailed by registered Or terlified mai:, postage Prepaid. return receipt repuesred, to the Landlord a: his adds,,se!.fun!, in the:rtst Paragraph Of this agreement,unless the Landlord mafl have nolifi d The Tender Of a change of the Landlord's address, Jr. y:l,ich case such notice shall be so sem l0 such changed address of he -:Indnt lolord.rd, provide„ ands the receipt has been Signed by ane L=ndlOrd or anyOnt expressly or impliedly authorized to receive messages for the LaNo:e+,rnsrandin, the foregoing,no oy rice by either par:y ro fpr Of`f r Sha.R be deemed adequate Hgiven in any orh¢r manner aurhorired to. TRUSTEE - In the event that the Landldrtl ,s a uuslCe ora;::: :..r•^1.. bus; and no sarin Limited, C' sues ""'such s,wsice no, any beneficiary nor any shareholder o1 laic 1 e.. GPnerel Or pa Tne eh'I`Sha ie tatflto anyone under-ant Term,condition.covenant ob i^a- • T,o^. Or acleemeei expressed herein or im Plied hfne.edev O ter an, c-a O!l ii S.o( Crcause al law or in epuity arising out of the occupdncy Or Said Premises The US(•O, the mamlena,ce of said butidinc O! •t! ) l-it •fen;. 17. COPY OF AGREEMENT - Landlord s Ire hau r deliver a COPT \rel anrPp^K-f.:,duly,}nYuted by Landlord Or his authorized agent, to Tenant within thirty 1301 days aper a ropy nereol,duly e-x¢cm¢tl SV Tee nanl,r;;$tee! deliverec To Landlord. i IS REPRISALS PROHIBITED - Landlcrd acknowl coges :ca! PrO-510i:' ^ ipo,eble sew forbid a landlord from threatening to take o: I taking reprisa,s acainsl any tenant for seeking if assert his lega; _ _, 19. ADDITIONAL PROVISIONS - TENANT -Subject to applicable law,the Landlord will prow,de insurance for uD Io$750 in benefits to cover the actual Costs Of relocation of the Tenant if displaced by fire Or damage resulting from lire. IN WITNESS WHEREOF, the said parties hereunto and to another instrument of like tenor, have set Meir hands and seals on the day and year first above written. The undersigned tenant hereby acknowledges receipt Of a• co agreement executed by Lessor this IDcopy of this lease a 1987 Tom, Tenenr TENANCY AT WILL October 22=1987 Dale.— -- - MA 741-0779 rens and the livas M . 33 Balcomb St. Sa rJohn Kalem> and Televhone Numberl --_---___—_, ✓ "Anthoii Moreau and Lisa Marie Moreau TENANT 33 Balcomb St. Salem --- � * (Unneatedl Hires the PREMISES at: bedrms. a deck 1 bath, dinin rm kit w/stove S refrig. (Circle opal fonsVctira<. moth : 11V ingrm•_r - - in advance, '- - 1st. d'+ of enc^ n . 00•Q0 month payable on the pet _t"month) ny an ; ar e : ~ �'- O tt as 'la C ^a! ental PC.{cd aDe .ted real from rental P¢-lod tc r ¢,tett - t t of rhes Berea rental . movd and a I a t y ear .b „rider the fa• ' - h yelpre t,e firs!day If any noweve. hat - In> ^ she. ,. r + -c err. n +en, wmc^ever s longer, rovic fad. ta.+'. ;tenarroy �_ewe any and alt remedl s P'Ovide or "LCayr._ed pV a.4 cvn to ems z,J r ,Pr, n ehangr-,d sl a . of ma error culler any ad- c t r ke nu suffer any stnD or Tenant shall not pant,decorate or otherwise embrli`h 1 d! - n tp.the Landlord PREMISES - TL' r Ur ♦ iren a bPIPPq 4 CARE OF fn OI In ;he premises without the p 1 sec ' space heater, .7,i s . 1.ran,'. .s to be m c¢ -hhin mem I +e,a' cond.tioning the Landlord. No + Pr ++at5' LU U. w sted. and at termination deh`/_r ed 1 o 't en wntl¢ cOr'Sen: O ✓;at 1 .. rior ro �... :.. o• otho. like equipment .hail be instated wimout the p , taolr o de'and co_r'I,ian,reasonable wear and tear excePtcd o+ riot"- ori er, trievs of or other aerla.s, lis- War Shea l' ) .milted In the Pf¢mi- N-•.iN T ENA^;CE For mainlenance, o he-than Landlord Contact. IT¢Iephone No. -- - (Atldressl I'wun••r throw o di'of se at nor perm-t rt; be r -. Ten,nt snap maintain the pr orches rn o her Part, 01 card building any d,r-A premises in a clean condition and shah not twee p•P[" '` 1 a ss ,r.d 3 CLEANLIN..SS ! from soid premises nor from any doors v ndow• balconies. P sw2pi, throv.n, ar disposed o ' ...c a -Pr„any other Parts o ""!b, V„r_ V s ca d d t. s n 3 ° - s.r ants snag mae, or _ a : u c.,usc darna3'• Ill t Ji t l r the Tenant nor ha! U t s r t I occuVanr of :ne Odl JA AN'r ILL vAt 'SE 'i c ose of the ur¢mrs s r`.. _ i. ,u. y of shaken Iron' t - - v ti . ._oi nt u r - e o > I:;: II b lao.n oPur 1 i-eiaenur v In I'S'vs' i tl .. ... pVMOIi A,',EAS - Nn. .. :D. c'. vt'hlclrs.baoy car Bayes or odic art -s n ,I�u act yr s sl r e ns u. MMOIcw tv, a 1 Icculclty 'I'd Inc,oudit es,whether I r tfe :Ic s Pv,rtrty me I. ed. The Landlord agrees 1”, at 1 e r i . Tenant>irat,pay,as thev beeun-e n t f+. HEAT AND OTHER UTILITIES ,hal are furnished to the oremises a rl t,at ch vein a r' h at are f.unuhed through utJ.t,1' .itI 1 r r... f e ! n 0" (.........r: the fa rare t all n I'll tla n. the al!t t - . ...... nabiv hot a""' 'OIC! wale' and reasonaGle heat (except t0 Ina t t a nfi^ a r I > i+ ' .. e DCyPnd the feasOnaon. n rem�sns as sta,M, aoov.I dw en the rrqula• heapng sensor, pl the apparatus shat: m se ed to 1 1 Inciureyo nq n•ns ul anv 11) OIflc degree c!uem lilt" Oual ty •+ - s am. o ...s:nc' 'v+ by GW. State or Fear i g ubG P•paVrr'rn t; Be sure to La f n•<r to ( ,�,nrd 5 B. - 7F sr^rnI I Vncr.n.. o r P P ctarm for damages agavrsl the L I l ' ll ,'1 t. '.:hl is Iron r .....of nl s,n1 ,,11 be r¢uuir¢d o1 You for tb Acer ss v:n v,c .a.rllorn d nr p e r I rr � r:n a rcn'Onable Per'Od U' r - .. .+ do 1 by T cn LOCKS 1 •. d s, r :1 !:r n 7 KE S, JD LLr ':o-.I sh,r nut be ch to ted a l ' r r'. r..r r r,..r a 0 0 r I r '.! r o c r. c. .a., + t'•d p. b,• Install, .r 1 .. .. . I, i _ ;,Yd d. •I: f,n .l.p r .. Socci Cha ,cli,al,t ✓^ GRE aTER BOSTON RkAc ES,T•"•t r'cP,.dlIrIId ,HA FC:RM NO. Thi r t U _.vut the"I'll, e �"�;. . . .,. � ...I .Har.ita• r.. I ° a';i .1 t. :n The P .. .ne Ic..,s ,.hra sle la ._ .,sed hr .o or , F , twdd-n no •,na .. Lxt el ., .i, TkjrF, L permitted $ Car(s) g PARKING --Po.king m:the prernncs WoC.r .. ,:********************************. r _ consent :; t .r_ _. _ p. in Or upon - ^',5 •. trut Lan,11010 S vt llt¢r 4- r♦ N ranm z a t be . i t e \ CO ,,he, Than.thus' li ), r . r r •i'. el CI'and"nortlon as at the t ,: n de c > a o,tlable Casualty only axcePted La�.r:< d les w t 1 r a r:aspnab�e r a,or I.. a,. a .�, ,n tl'�aa .'.r TO p.•rfm,-n rePa,rs upon the rdpremisesylbut snaannot bl:obl,yated tol,make res Oneib 1. V v'.0 r•: r ray ,ve ). -✓t' Land n.a\' w.lh anV P h any wch event, Lan _ . O mak¢such w r. .. U 1\ -,'< sucr cepa rs in tint„UPCn tiemaed. s u•':l•cPa,n acd Tana she - ner9enC,. to maker 'rx tt lea c 0 ¢ \,ses :r case of , - m,r[!9a9¢e ( - Lar 6 old may afw ,-r s.. ,.Uc. : c _ = - uP ,rmittM by-law y. t ev f ,a io Y r . un ne d¢ et any Part or the whole s i he Orem'ses or shall P,"', h ,arimisCx c nR MI<ec ,_n.: shall t, r th_ ,1 s: Is Pe Fcallynamed h'• -.CUPANCY O. F . . . . U n I - 'hi Tl .I. ( e,e'1 Dy enS - F cti rh z e _. . ., int ill t) 5>SB •• .!' Cn S for Sh¢ - c d o receive mes>ey_: - , or r redly authonze t _ . r4 _ r.:�.•nen:,.x+,;.ware ilgiven many othermanner au(henzed )•,^).,L�n (ICC , --. La, �' r. x Sitth-este✓ a anv bp.ntd nary no,en_Y sha h�d-• - user any term. .asd I it ato anVun a oa, 11he ugcc.anclb6auseat law ornequ ty a' c fdmage,31 -' „- gppr4ap,es and egmpment. 'Ir ,,j-h,;,. zed ec¢nt.rt:r u 5 rl duly exec ted by Landlord O h tQ' - ' has been delivered To Landlord .. , .. t. _C+t r duflyarex..COvr ✓C f\ U Apns 4r a TI[abl, as L. . Cr. lt)L„ ***A last month's rent of $700.00 ahs been received. If A,.pllced.., thexecutedlby lessornth ereby a cnowledgesdre eipt a copy of this lease 1987 r• V11rht l:N:�° • .lel . .�. t agreemen co i I3IJILi11NC ��I,T a JUL CITY OF SALEM HEALTH DEPARTMENT Z2 BOARD OF HEALTH RCCR1`{E0 9North Street CITY OFSAL t ROBERT E. BLENKHORN Salem, Massachusetts 01970 HEALTH AGENT 508-741-1800 June 29, 1992 C t and Mary McGrath comb Street Ma 01970 Dear Mr.and Ms.McGrath: In accordance with Chapter 111,Sections 127A and 127B, of the Massachusetts General Laws, 105 CMR 400.00: State Sanitary Code,Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code,Chapter II: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of.your property located at -33 BaGomb St.Apt.#2 conducted by Julie Forsberg,Sanitarian,of the Salem Health Department,on the morning of June 9, 1992,at 12:00 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 these violations in accordance with the enclosed report. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. 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 the Board of Health Reply to: Roart E.Blenkhom, C.H.O. Julie Forsberg Health Agent Sanitarian REB:jf Certified Mail P 819 902 841 cc: Tenant Fire Prevention Building Department Electrical Department Page 1 of SALEM HEALTH DEPARTMENT 9 North Street Salem, MA 01970 State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standar&1,6f'Fitness for Human Habitation Occupant: Phone: Address 33 A Iia C7wyl b Apt" '"Z Floor Z Owner. V t,CEvt4-� /V11 ct� (Address: lV%Or 021 Inspection Date: �', " �Z Time: 12- Conducted ZConducted By: IRAl Accompanied By: �'�✓� � Anticipated Reinspection Date..—i!' {��2 Specified Reg # -`" -g Violation ' Time 410. . . . ode wea-" tro 24 - 1--t z IQ � vYLa k-A F-c.�t i v wrn--IC : One or more of the above violations may endanger or materially impair �C the health, safety and well-bein or the occupy 4----� gL Code Enforcement Inspector Este es un documento legal importante. Puede quo afecte sus derechos. Puede adquiriruna traduccion de esta forma. APPENDIX H(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. A. You can prove that your dwelling unit or common areas contain code violations which are serious enough m 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 five in the building. C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it.(For this, it is best to put the rent money aside in a safe place.) 2. Repair and Deduct(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows you to use your rent money to make the repairs yourself,if your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,safety, or well-being,and your landlord has received written notice of the violations, you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have them made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent in any year to make the repairs. 3. Retaliatory Rent Increases or Evictions Prohibited(Massachusetts General Laws,Chapter 186,section 18,and Chapter 239, section 2A):The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made the complaint,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 damages of he or she tries this. 4. Rent Receivership(Massachusetts General Laws,Chapter 11,section 127 C-H):The occupants and/or the Board of Health may petition the District or Superior Court to allow rent to be paid into court rather than to the owner.The court may then appoint a "receiver"who may spend as much of the rent money as is needed to correct the violation.The receiver is not subject to a spending limitation of four months'rent. 5. Breach of Warranty of Habitability:You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimum standards of habitability. 6. Unfair and D=ptive DeceptivePractices(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 . 4b Page 2 of SALEM HEALTH DEPARTMENT 9 North Street Date: 0 Salem, MA 01970 Name: Address: Specified Reg # Violation Time 410. . . . W i cta- t� es✓,c, ,—�—;ov-Ls o-F "-1-�e� Vit tls .W d - c� a — e*--t —I cssvc -cod Vel i-t-V--+ W 1n/o a� u- +-E�cs 3s4 �� s•4-�-�� - se W i m W ll Wet- -+a F y n • • rr a r si o � r• a• r rpip,r M MI .r — _r �W Ri ® IO .� rr � / ®� •�r ®® —will jj� 111111 11111'' Imogy miff _ �— �Ww"IMMM!'Im 1111� 10, ORM MMMM r i _a- -- ' _ Jill allt Page of 1 . . . SALEM HEALTH DEPARTMENT 9 North Street Date: Salem, MA 01970 Name: F-}-tl t� 1.,c=L-, Address: 33 tom-- Co'+ Specified Reg # Violation Time 410. . . . 1 I -7 (tea. S O 1�o SV�1L,et i fc. iV.i �-; - s w1-, ►-mss -* �1 l -t"t-•ase a. s two --l--t„cz�-- o�,-- .t,.:4.Rs 35 � (=I�G•Fl-+ Com_ � o✓� Wat�i� t�'ticGU-- tQ& Loom i n.4.. • -I S 3&1 CLJ6-e 2! T 3� 1 61ave 1r�� i6 u�l Clete-, L'I V i ►--cx�-v�--L • l v, t O C rn-, W 0..t OV cs IvL�o v o- Is LSc�lew, -a=i� 24 49-S, 49.2 cS vyr Li-� I i V Page _ �- of SALEM HEALTH DEPARTMENT Date: ' 2Z•GZ 9 North Street J�JJ////AArr Salem. MA 01970 Name: r1`^'' ` ' l�'� Address: �3 �+-tC�YYLb �-• Specified Reg # Violation Time 410. . . . U VQc0.A a C'�i" }o wt ►� l e 1-L�-- ,.o la-�fr.�' • LS 1 a-- 4-n -1 -; i Ls b i +- j F- 14-C�• � Li � w, �10�� 1�4-t-� 1-�VPJ LS ' �--- are�B �a 3 S 1 eco z—, ZSLp W i V---i w i +-J� 0 — 1 i c�� •k-v-z c�i -Fa 14 GIe' - �- aa-G f--,o l •t �--,-��— vvle;u v-I'+cIj L" WE M - NO � v ��MF5 106 rt M-41 Mp MMMMIT,6 IM0 104 W - �- - �ORA MM PRIME ---- -- - MIM i -- - 20L / Wo F-Im I► . J. i ti J RMP -=M� `�� -33 � - ,��CONUITg9O," ELIZABETH M.RENNARD VICTORIA B.CALDWELL QTYSOLIGTOR \°<"-irve WAP, ASSISTANT CITYSOCIClTOR 93 WASHINGTON STREET CITY OF SALEM 93 WASHINGTON STREET SALEM,MA 01970 SALEM,MA 01970 TEL:978..744.133 KIMBERLEY L.DRISCOLL MAYOR TEL:978.744.5634 1279 FAX: 978.744.1279 , FAx: 978.744.1279 EMAIL:BRENNARDQSALEM.C)OM LEGALDEPARTMENT EMAIL:VCALDWELLQSALEM.COM 93 WASHINGTON STREET SALEM,MASSACHUSETTS 01970 April 13, 2015 Allison R. Cole Assistant Clerk-Magistrate Northeast Housing Court Fenton Judicial Center Two Appleton Way Lawrence,MA 01840 RE: City of Salem v. Gregory R. McNamara, et al, Civil Action No. 141177CV000183 (31-33 Balcomb Road, Salem, MA 01970) Dear Clerk Cole: The City of Salem respectfully requests the dismissal of the petition it filed in the above-referenced matter. The petition, seeking the appointment of a receiver, was never heard and the property has since been sold. Please let me know if you need any further information. Very truly yours, Victoria B. Caldwell Enclosure cc: Rachel L. Judkins, Esq. Andrea Lasker, Esq. Mary J. McNamara Gregory R. McNamara CITY OF SALEM, MASSACHUSETTS ,StrBUILDING DEPARTMENT s e �eT 120 WASHINGTON STREET, 3'FLOOR 9eocy�cf�' TSL:978-745-9595 KINMERLEYDRISCOLL FAx: 978-740-9846 MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTIES/BUILDING COMMISSIONER ACTION REPORT—33 Balcomb Street January 21, 2015 At approximately 3:00 p.m. on Tuesday,January 20, 2015, I was asked by my Commissioner Thomas St. Pierre to meet Officer D.J. Gagnon at the aforementioned property located at 33 Balcomb Street based on an email sent by Assistant City Solicitor,Vicky Caldwell regarding the property.. Upon arriving at the residence and a subsequent site walk it was noted that two basement windows had been broken out and a second floor window had been smashed leaving the building was open to the weather. It was determined that entry into the building was required to ensure no one was in the building. Salem Fire Engine 2 arrived on site and entry was gained. An ensuing walk showed two windows and a door open to the weather on the third floor,three windows open to the weather on the second floor,multiple sash locks open on the first floor level and two basement windows open to weather on the basement level. Copper missing on all three floor levels, animal excrement all floors, interior damage throughout and no plumbing or electrical operational in the building.. I ordered the property secured and boarded up as per discussions with Mr. St. Pierre. Above mentioned site walk revealed no sign of squatters or individuals staying at time of walk. Was informed this morning that board up of residence was complete and building was secure also upon leaving site. If you have any questions regarding this letter,please contact me at(978) 619-5648. Respectfully, Michael E. Lutrzykowski Assistant Building Inspector Victoria Caldwell From: Victoria Caldwell Sent: Tuesday,January 20, 2015 12:56 PM To: Thomas St. Pierre; Larry Ramdin; Michael Lutrzykowski; David Greenbaum; jburke@salempd.net' Cc: Dominick Pangallo Subject: 33 Balcomb Street Attachments: New Image.JPG Hi All— Happened to drive by 33 Balcomb over the weekend and observed a great deal of trash (see attached) as well as a group of middle school-aged children entering the property through the open gate to the left of the front door as you are facing the house. We had started the receivership process based upon Dave's inspection and citations for rodents and trash. At an earlier court hearing, the owner had presented evidence to show that she had hired a pest company and cleared out the raccoons, but she has never addressed the trash issues—which seem to have gotten worse. She had indicated that she was selling the property, but after two closing dates have come and gone, I think we know that this is not happening in the near term. I would like to follow up on these issues before heading back to court on the receivership petition. The owner is current on her mortgage for the time being, but the attorney for the bank is in the loop and we will need to cc her on everything. Let me know what your thoughts are on next steps. Thanks. Vickie Victoria Caldwell, Esq. Assistant City Solicitor Salem City Hall 93 Washington Street Salem, MA 01970 978-619-5634 978-744-1279 fax This message and the documents attached to it, if any, are intended only for the use of the addressee and may contain information that is PRIVILEGED and CONFIDENTIAL and/or may contain ATTORNEY WORK PRODUCT. If you are not the intended recipient,you are hereby notified that any dissemination of this communication is strictly prohibited. If you have received this communication in error, please delete all electronic copies of this message and attachments thereto, if any, and destroy any hard copies you may have created and notify me immediately. Thank you. e i lnm4rq Mdwy t v!ONCONUITlf4oi 5P L 2� ELIZABETH M.RENNARD >a� VICI'ORIAB.CALDWELL OTYSOL/CTOR R�MINEDO P ASSISTANT07YSOLIC/TOR 93 WASHINGTON STREET -- 93 WASHINGTON STREET SALEM,MA 01970 SALEM,MA 01970 TEL:978.619.5633 CITY OF SALEM TEL:978.619.5634 FAX: 978.744.1279 FAX: 978.744.1279 EMAIL:BRENNARDQSALEM.CUM KIMBERLEY L.DRISCOLL EMAIL:VCALDWEU@SALEM.COM MAYOR October 21,2014 Northeast Housing Court Fenton Judicial Center Two Appleton Way Lawrence,MA 01840 RE: City of Salem v. Gregory R. McNamara, et al, Civil Action No. 14H77CV000183 (31-33 Balcomb Road, Salem,MA 01970) Dear Sir or Madam: The parties have agreed to postpone the hearing on the City of Salem's petition pending the potential sale of the property. With the assent of the parties,the City respectfully requests that the court remove it from the list for hearing in Lawrence on October 24, 2014 (originally scheduled for October 17,2014 and moved due to the judge's absence). Please mark the matter for hearing in Salem on December 10,2014 at 9:00 a.m. in the event the sale does not proceed as planned. Please do not hesitate to contact me if you have any questions or need further information. Very truly yours, q Victoria B. Caldwell cc: Mary J. McNamara Gregory R. McNamara Rachel L. Judkins,Esq. Andrea V. Lasker,Esq. / HARMON LAW OFFICES, P.C. 150 CALIFORNIA STREET NEWTON,MASSACHUSETTS 02458 MAILING ADDRESS: P.O.BOX 610389 NEWTON HIGHLANDS,MA 02461-0389 TEL(617)558-8400 FAX (617)244-7304 SERVING MASSACHUSETTS NEW HAMPSHIRE AND RHODE ISLAND i•Admitted in Massachusetts,New Hampshire,and Rhode Island Scott C.Owens i• (617)558-0738 direct dial (617)2434038 facsimile sowens@harmonlaw.com VIA FIRST CLASS MAIL October ] , 2014 Northeast Housing Court Office of the Civil Clerk 56 Federal Street Salem, MA 01970 RE: City of Salem v. Gregory R. McNamara, et al. Northeast Housing Court C.A. No.: 2014CV00183 Dear Sir/Madam, Enclosed herewith for filing, in relation to the above-captioned matter, please find a Notice of Withdrawal and Substitution of Counsel with Certificate of Service. Kindly docket and file the same accordingly. Thank you for your assistance in this regard. Sincerely, HARMO 'LAW OFFICES, P.C. Samuel Kauff, Paralegal to, Scott C. Owens, Esq. Andrea V. Lasker, Esq. SCO/AAL:syk Enclosures cc:Rachel L.Judkins,Esq. Victoria Caldwell,Esq. ,t COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. HOUSING COURT DEPARTMENT NORTHEAST DIVISION CIVIL ACTION NO. 2014CV00183 CITY OF SALEM, Petitioner, V. GREGORY R. MCNAMARA, et al., Respondents. NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL NOW COMES Attorney Scott C. Owens, counsel of record for the Defendant, Mortgage Electronic Registrations, Inc., and requests that this Honorable Court allow Defendant's counsel to withdraw his appearance in the above-referenced matter, and substitute the following as counsel for Defendant: Andrea V. Lasker, Esquire HARMON LAW OFFICES, P.C. 150 California Street Newton, MA 02458 (617) 558-0540 Respectfully submitted, Respectfully submitted, MORTGAGE ELECTRONIC MORTGAGE ELECTRONIC REGIST ON SYSTEMS, INC. REGISTRATION SYSTEMS, INC. By rney, By its attorney, Sd91t. C. Owens, Esq. Andrea V. Lasker, Esq. BBO#654406 BBO#644198 HARMON LAW OFFICES, P.C. HARMON LAW OFFICES, P.C. 150 California Street 150 California Street Newton, MA 02458 Newton, MA 02458 Direct: 617-558-0738 Direct: 617-558-0540 Facsimile: 617-243-4038 Facsimile: 617-243-4038 sowensna harmonlaw.com alasker(@harmonlaw.com DATED: October (P, 2014 DATED: October tf, 2014 CERTIFICATE OF SERVICE I, Scott C. Owens, hereby certify that on October (p , 2014 a true copy of the enclosed Notice of Withdrawal and Substitution of Counsel with Certificate of Service was served via first class mail,postage pre-paid to: Rachel L. Judkins, Esq. Manzi, Bonanno & Bowers 280 B Merrimack Street Methuen, MA 01844 Victoria Caldwell, Esq. Assistant City Solicitor Salem City Hall 93 Washington Street Salem, MA 01970 Sc C. Owens, Esq. HARMON LAW OFFICES,P.C. 150 CALIFORNIA STREET NEWTON,MASSACHUSETTS 02458 SERVING MASSACHUSETTS, NEW HAMPSHIRE AND RHODE ISLAND Scott C.Owens* (617)558-0738 direct dial (617)243-4038 facsimile 'Admitted in Massachusetts,New Hampshire&Rhode Island sowers@harmonlaw.com August 21, 2014 Rachel L. Judkins, Esq. Manzi, Bonanno & Bowers 280 B Merrimack Street Methuen, MA 01844 Victoria Caldwell, Esq. Assistant City Solicitor Salem City Hall 93 Washington Street Salem, MA 01970 Re: City of Salem v. Gregory R. McNamara, 14H77CV000183 31-33 Balcomb Road, Salem, MA Dear Attorneys Judkins and Caldwell: I represent Mortgage Electronic Registration Systems, hic. (as nominal mortgagee) and Wells Fargo Bank, N.A. (as the servicer of the underlying mortgage loan) in the subject action. I filed a hand-written appearance form with the Housing Court at yesterday's hearing on your petition to appoint a receiver; attached is a follow-up notice of appearance with my contact information. Please accept this letter as confirmation of my conversation with Attorney Caldwell, yesterday. After speaking with her on the telephone between the first and second call of the list, I was able to coordinate a continuance of the hearing to Wednesday, September 3, 2014 at 9:00 in the Northeast Housing Court sitting in Salem. The clerk will send out notice of the new date to the parties that have appeared, but asked that you also make sure any parties who have not yet been served or who have not yet appeared also get notice of the new date. Please note that I have reviewed the petition and violations with my client. The abandonment of the property and unsecured status were news to the bank, which had no indication of any issues at the property. In fact, my client informs me that the underlying loan is current and due for the September 1 payment, so there was not even any default that might have normally triggered a drive by of the property by the bank's preservation contractor. 31-33 Balcomb Road August 21, 2014 Page 2 of 2 Given that my client's loan is not in default, it is unlikely that they will enter onto the property to address the cited violations. Our only concern at this point is to hopefully limit the scope of the receiver's work to that reasonably necessary to address the cited violations. Please let me know if you have any questions regarding this matter. Otherwise I look forward to working with you and will be available to discuss this matter farther at the September 3 hearing. e c . wens, Esq. Enclosure COMMONWEALTH OF MASSACHUSETTS ESSEX, SS. HOUSING COURT DEPARTMENT NORTHEAST DIVISION CIVIL ACTION NO. 2014CV00183 CITY OF SALEM, Petitioner, V. GREGORY R. MCNAMARA, et al., Respondents. NOTICE OF APPEARANCE Please enter my appearance as counsel on behalf of Defendant Mortgage Electronic Registration Systems, Inc. Respectfully submitted, MORTGAGE ELECTRONIC REGIST)KATION SYSTEMS, IN` a rney, c tt C. Owens, Esq. B O#654406 HARMON LAW OFFICES, P.C. 150 California Street Newton, MA 02458 Direct: 617-558-0738 Facsimile: 617-243-4038 Dated: August 20, 2014 Email: Bowens@harmonlaw.com I HEREBY CERTIFY THAT A TRUE COPY OF THE ABOVE DOCUMENT WAS SERVED UPON(EACH PARTY APPEARING PRO SE AND)THE ATTORNEY OF REyQRD FOR EACH P BY MAIL(8Y HAND)ON _� (SIGNATURE) i Manzi Bonanno & Bowers ATTORNEYS AT LAW lel.978.686.9000 280B Merrimack Street far:978.794.9628 Hon.Mary McCauley Manzi(Ret.) Methuen,Massachusetts 01844 Real Eslalefar.978.687.9154 . Vincent C.Manzi,Jr. Of Counsel Maria Bonanno Charles Scott Nierman James M.Bowers Rachel L.Judkins Paralegal July 31,2014 Jennifer M.Boylan Northeast Housing Court Fenton Judicial Center 2 Appleton Way Lawrence,MA 01840 RE: 31-33 Baleomb Road,Salem,MA 01970 Dear Sir or Madam: On behalf of the City of Salem,and in connection with the above-referenced matter,please find the City of Salems Petition to Enforce State Sanitary Code with Motion to Appoint a Receiver with Notice of Hearing and Certificate of Service. Please file in your usual manner and marls for hearing on Wednesday August 20,2014 at 9:00 am The City of Salem will file proof of service upon receipt.Should you have any questions,please do contact my office.Thank you. Very truly yours, Rachel L.Judkins ! Enclosure(s) Cc:, Gregory R.McNamara MaryJ.McNamara MERS as Nominee forl-800-East-West The Charles Hope Companies,LLP COMMONWEALTH OF MASSACHUSETTS ESSEX,SS HOUSING COURT DEPARTMENT NORTHEAST DIVISION-SALEM CIVIL ACTION NO. CITY OF SALEM Petitioner, V. PETITION TO GREGORY R. McNAMARA;MARY J. ENFORCE STATE SANITARY McNAMARA;AND MORTGAGE ELECTRONIC CODE AND MOTION TO REGISTRATION SYSTEMS AS NOMINEE APPOINT A RECEIVER FOR 1-800-EAST-WEST Respondents INTRODUCTION I. This is a Petition brougbtby the City of Salem,acting by and throughits Board of Health and City Attorney,seeking enforcement of the provisions of the State Sanitary Code and for the Appointment of a Receiver.The property in issue contains numerous code violations which impair the health,safety,and well-being of abutters and residents of the community and which constitute a public nuisance. JURISDICTION 2. The jurisdiction of this court is founded upon the general equitable powers of G.L.c.In, 41271,and c.185C,4 3. PARTIES 3. The Petitioner is the CITY OF SALEM ("Salem"),a duly organized municipality existing under the laws of the Commonwealth of Massachusetts and having a usual place of business at 93 Washington Street,Salem,MA 01970. 4. The Respondents, GREGORY R. MCNAMARA and MARY J.MCNAMARA,are the record owners of the premises known as 31-33 Balcomb Road(the"Property'),Essex County, Salem,Massachusetts,and have been found to have a recent address of 11 Yorkshire Road, Marblehead,Massachusetts 01945. 5. The Respondent,MORTGAGE ELECTRONIC REGISTRATION SYSTEMS ("M.E.R.S")as nominee for 1-800-East-West Mortgage Company has an address of P.O.Box 2026,Flint, Michigan,48501-2026 and has a registered agentin the Commonwealth at CT Corporation System, 165 rederal Street,Suite 700,Boston, Massachusetts 02210. FACTS 6. The Respondents,Gregory R.McNamara and Mary J.McNamara,have an interest in the Property by way of Quitclaim Deed dated February 28,2001,in the property located at 31-33 i Balcomb Road,Salem,Massachusetts,recorded with the Southenl Essex District Registry of Deeds at Book 16922,Page 580. (`Property"). 7. The Respondent,M.E.R.S,has an interest in the Property by way of Mortgage dated March 19,2007,recorded with the Southern Essex District Registry of Deeds at Book 26654,Page 298. COUNT B. The Petitioner repeats and restates the allegations set forth in Paragraphs 1 through 7 as though the same were set forth herein. 9. On May 16,2014,the Property was inspected by David Greenbaum,Senior Sanitarian for the Salem Board of Health. 10. The inspection revealed that the Property is unsecured,open to the outside,allowing entry of trespassers,rodents and other animals. 11. This inspection revealed numerous violations of the State Sanitary Code including: unsecured windows and doors,severe rodent infestation,large piles of wash and yard waste. 12. A true and accurate copy of the letter from Larry Ramdin,Health Agent dated May 22,2014 is attached hereto as Exhibit"A." 13. The record owner has been notified and failed to correct these violations. 14. In addition to these violations,the Director of Public Property and Building Commissioner, Thomas St.Pierre,has presented that this property is a nuisance to the community,as it has not been properly maintained by its owners or property management team since 2009,who has failed to respond to Sanitary Code and City Ordinance violations.There have been significant complaints regarding the property's overgrowth and roof damage.This Property has also been found unsecured.See Affidavit of Thomas St.Pierre attached hereto as Exhibit "B 15. These violations endanger or materially impair the health and safety of the occupants and/or abutters,and it is anticipated that additional violations will be discovered upon further inspection. 16. Based on information and belief,these violations were not caused by any tenant in the Premises or any other person acting under a tenant's control. RELIEF REQUESTED WHEREFORE,the Petitioner prays that this Honorable Court: 1. Issue an order of notice to the Respondents to show cause why the Receiver should not be appointed and issue a short order of notice of this hearing to the Respondents,all mortgagees,parties in interest and lienors of record pursuant to G.L.c.111,4127I. 2. After hearing,appoint The Charles Hope Companies,LLP of as a Receiver for the Premises pursuant to the Court's general equitable powers and G.L.c. 111,41271 for the purpose of repairing the Property and maintaining it in a safe and healthful condition; 3. After appointment,take into account any subsequent City inspections,and approve a preliminary plan for the maintenance and repair of the Property by the appointed Receiver; 4. Order that the Property be secured,repaired and brought into conformity with the State Sanitary Code and other applicable codes by the appointed receiver,and 5. Grant such further relief as this Court deems fit and just. Dated:July 31,2014 CITY OF SALEM, By its Attorney, Victoria Caldwell,Esq. Assistant City Solicitor Salem City Hall 93 Washington Street Salem,MA 01970 Tel:978-619-5634 BBO#549848 NOTICE OF HEARING ON MOTION To: Gregory R.McNamara;Maty J.McNamara;M.E.R.S.as Nominee Please take notice that the undersigned will present for hearing the within Petition to Enforce State Sanitary Code and Motion to Appoint a Receiver before the Northeast Housing Court in Salem,NIA on August 20,2014 at 9:OOam,or as soon thereafter as counsel can be heard. Dated:July 31,2014 CERTIFICATE OF SERVICE The undersigned hereby certifies that a true copy of the within Petition to Enforce State Sanitary Code and Motion to Appoint a Receiver was this day served upon the Respondents identified above,via First Class and Certified Mail together with notice of the place,date and time of hearing thereon. SIGNED under the pains and penalties of perjufy. Dated:July 31,2014 E `o' „ � t City oESalem v.Gregory R.McNamara Receivership Exhibit "A" CITY OF SALEM, MASSACHUSETTS s BO.iRD OF HEALTH 1P 120`VASHINGTON STRELrr4a'FLOOR Public Health > r,wrni,plo.W.Prated. TEL.(978)741-1800 Fix(978)745-0343 KIMBERLEY DRISCOLL karndin e salerncorn Ld7i7tY 1L1MDN,IIS/RW IS,CHO,CP-I•$ MAYOR HB.11;r'I f AGEN'1' May 22,2014 Mary J.McNamara I I Yorkshire Road Marblehead,MA 01945 VIA CERTIFIED MAIL 70121640 0002 3313 2,915 Regular Mail Dear Property Owner: This office has received many complaints regarding rodents and other wildlife living on your property located at 33 Balcomb Street in the city of Salem,Massachusetts. An on-site inspection was conducted on Mayi6,2014 by David Greenbaum,Senior Sanitarian for tine Board of Health. There are several areas of building that are open to the outside which allow the entry of rodents and other animals. Additionally,there are large piles of trash and yard waste on the property. These conditions create an ideal harborage for rodents. Raccoons,rodents,etc.are considered a neighborhood nuisance and community health hazard. The property must be exterminated by a licensed exterminator. After extermination has taken place any burrows must be filled and monitored,all openings in the building must be sealed to prevent the entrance of rodents and other animals and you must take all necessary steps to prevent any infestation from occturrng in the future. In accordance with Mass General Laws,Chapter IH,Section 123 you are ordered to retain the services of a licensed exterminator and suppress any rodent population within fourteen(14)days of receipt of this order and a copy of this invoice must be forwarded to this department upon completion of tine extermination. 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 sold hearing,you will be given an opportw»ty to be heard and to present witness and documentary evidence as to why this order should be modified it 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. If you have any questions or concerns please call this office at 978.741-1800. I thank you in advance for Your cooperation. For the Board of Health: Reply to: l/V David J.Greenbaum Lary Ramdin Senior Sanitarian Health Agent a CITY OF SALEM,.MASSACHUSETTS 10 BOARD OF HEALTH 12O WASHINGTON STREET 4m Aom PttblioHealth > I'r<rsnt.P<omote.Prormr. Tat.(978)741-1800 F.Ax(978)745-0343 KIMBERLEY DRISCOLL hnmdin@salem.conl LARRY 1L\MUIN,IiS/liL++IIS,CIH),CP-1^S MAYOR HIiALTI[ACiI?N'P May 22,2014 Mary J.McNamara 11 Yorkshire Road Marblehead,MA 01945 Dear Sir/Madam: In accordance with Chapter 111,Sections 127A and 1278 of the Massachusetts General laws,105 CMR 400.00:Stale Sanitary Code,Chapter I:General Administrative Procedures and 105 CMR 410.000:State Sanitary Code,Chapter II:Minimum Standards of Fitness for Human Habitation,an Inspection was conducted of your property at 33 Balcomb Street in the City of Salem by David Greenbaum,Senlor Sanitarian of the Salem Board of Health,on Friday, May 16,2014 at 9:30 am(photos taken and on file).The follovdng violations of the State Sanitary Code were noted,es checked: _X CMR 410:600 Storage of Rubbish and Garbage X _ CMR 410;601 Collection of Rubbish and Garbage , X_ CMR 410:602 Maintenance of Areas Free From Garbage and Rubbish(A through D) BOH Regulation#7 Description of Violations:See Enclosure(s) 410.600: Storage of Rubbish and Oarbaae ' (A) Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with light-toting covers.Sold receptacles and covers shall be of metal or other durable,rodent-proof material.Rubbish shall be stored In receptacles of metal or other durable,rodent-proof material.Garbage and rubbish shall be put out for collection no earlier then the day of collection. (B) Plastic bags shall be used to store garbage or mixed rubbish and garbage only If used as a Mor In watertight receptacles with tight-fitting covers as requ)red in 105 CMR 410.600(A)provided that the plastic bags may be put out for collection except in those places where such practice Is prohibited by local rule or ordinance,or except In those cases where the Department of Public Health determines that such practice constitutes a health problem.For purposes of the preceding sentence,In making its determination,the Department shall consider,among other evidence of strewn garbage, torn garbage bags,or evidence of rodents. (C) The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling place shall be responsible for providing as many receptacles for the storage of garbage and rubbish as are sufficient to contain the accumulation before final collection or ultimate disposal,and shall so locate them to be convenient to the tenant that no objectionable odors enter any dwelling, (D) The occupants of each dwelling,dwelling unit,and rooming unit shall be responsible for the proper placement of her or his garbage and rubbish In the receptacles required In 105 CMR 410.600(C)or at the point of collection by the owner. 410.601: Collection of Garbane and Rubbish The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling plata shall be responsible for the gnat collection or ultimate disposal or Incineration of garbage and rubbish by means of: (A) The regular municipal collection system;or (B) Any other collection system approved by the Board of Health;or (C) When otherwise lawful,a garbage grinder which grinds garbage Into the kitchen sink drain finely enough to ensure Its free passage,and is otherwise maintained so as not to create a safety or health hazard;or (D) When otherwise lawful,a garbage or rubbish Incinerator located within the dwelling which is properly Installed and which Is maintained so as not to create a safety or health hazard;or (E) Any other method of disposal which does not endanger any person and which is approved In writing by the Board of Health(sea 10410.040) 410.902: Maintenanca of Areas Free From Garbage and Rubbish (A)Land: The owner of any parcel of land,vacant or otherwise,shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage,rubbish,or other refuse.The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety and well-being of the occupants of any dwelling or of the general public. (B)Dwelling Unfis: The occupant of any dwelling unit shall be responsible for maintaining Ina clean and sanitary condition and free of garbage, rubbish,other filth or causes of sickness that part of the dwelling which s/he exclusively oocuples or controls. (C)Dwellings Containlno Fewer Then Three Dwallina Uniis: Ina dwelling that contains fewer than three dwelling units,the occupant shall be responsible for maintaining In a clean and sanitary condition free of garbage,rubbish,other filth or causes of sickness the stairs or stairways leading to her or his dwelling unit and the landing adjacent to her or his dwelling unit If the stairs,stairways,or landing are not used by another occupant. (D)Cornmon_Afitill in any dwelling,(he owner shall be responsible for maintaining In a clean and sanitary condition free of garbage,rubbish, other filth or causes of sickness that pad of the dwelling which Is used in common by the occupants and which Is not occupied or controlled by the occupant exclusively. (1)The owner of any dwelling abutting a private passageway or right-of way owned or used In common with other dwellings or which the owner or occupants under her or his control have the right to use or are In fact using shall be responsible for maintaining In a clean and sanitary condition free from garbage,rubbish,other filth or cause of sickness that part of the passegawaycr right-of-way which abuts her or his properly and which s/he or the occupants under her or his control have the right to use,are in fact using,or which s/he owns. hoard of Health Reaulatioo fi7: §A Time of Placement 9.1.2 Begs maybe placed curbside for municipal collection no sooner than B AM the morning of the scheduled collection. 6.1.3 All contolners and bags must be placed curbside no later than 7 Am on the day of collection and must be removed from the sidewalk on the same day as the collection.6 2Solld Waste Weight Limil There may be no more than 3 containers or 3 bags ora combination of containers and bags totaling no more than 3 and weighing no more then a total of 50 pounds each;plus one bulky waste item,placed curbside for municipal collection.64 BUlkv Waste One bulky waste item per week may be placed for collection by residents and al/owed small businesses.6.9 Yard Waste Yard Waste may not be Included in regular municipal collection. it will be collected 5 times per year on a schedule agreed upon by the City and the City's contractor.Yard waste must be placed In yard waste paper bags or open containers clearly marked as'yard waste."Trimmings may be bundled in lengths no more than three feet long,(branches may not have a diameter wider then 3Inches)and weigh no more than 50 pounds. You are hereby Ordered to make a good faith effort to correct these violations within 24(twenty four)hours of receipt of this notice. Fallure on your pan to comply within(he specified time will result In a complaint being sought against you In Salem District Court. 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 vAll 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. One or more of the above violations constitutes a condition,which may endanger or materially impair the health or safety and wellbeing of the occupants) or the general public. If you have any questions,kindly contact this of0ce at(978)741-1800. For the Board /o`f'Health Reply to: Larry Ramdln David Greenbaum Health Agent Senior Sanitarian cc: Ward Councilor < CITY OF SALEM, MASSACHUSETTS BOARD OF HEr1LTH 120 WASHINGTON STREET,4"'FLOOR PublicHealth TEL.(978)741-1800 Fax(978)745-0343 KIMBERLEYDRISCOLL haindin n salem.cotn LARRY RU DIN,RS/RENS,Cl fo,CP-IS MAYOR HEALTH AGENT Trash Letter Violations TO: Mary J. McNamara Date: Friday, May16, 2014 Address: 11 Yorkshire Road Time: 9:30 AM City / State: Marblehead, MA 01945 Property At: 33 BALCOMB STREET Violation Numbers: _X_ 600: Storage of Rubbish and Garbage X_ 601: Collection of Rubbish and Garbage X 602: Maintenance of Areas Free From Rubbish and Garbage. _B.O.H. Regulation #7 Complaint: upon inspection of the above referenced property the following were noted: there are large piles of trash and garbage littering this property. This includes,furniture, loose, torn bags of trash, TVs construction debris and yard waste. Owner must properly remove of and dispose of all Ns, construction debris, yard waste and trash and maintain this property in a clean and sanitary manner. U A continuation of this violation or any other violation of this matter will result in a monetau citation being issued. cc:Building Inspector Assistant City Solicitor City of Salem v.Gregory R.McNamara Receivership Exhibit "B" COMMONWEALTH OF MASSACHUSETTS ESSEX,SS HOUSING COURT DEPARTMENT NORTHEAST DIVISION-SALEM CIVIL ACTION NO. CITY OF SALEM Petitioner, V. GREGORY R. MCNAMARA,MARY J. MCNAMARA and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS as Nominee for 1-800-EAST/WEST MORTGAGE COMPANY Respondents AFFIDAVIT OF THOMAS ST.PIERRE, IN SUPPORT OFAPPOINTMENT OF RECEIVER FOR PROPERTY AT 33 BALCOMB STREET,SALEM,MA 1. I am the Director of Public Property/Building Commissioner for the City of Salem(City). I have held this position since 2004. From 1998 to 2004,I served as a Building Inspector for the City. 2. As Director of Public Property/Building Commissioner,I am responsible for overseeing building and health inspections of all property in the City. In this capacity,I coordinate multiple inspections of properties by various City departments. 3. Since 2009 to the present time,I have been personally aware that the owner(s) of a three(3) family house at 33 Balcomb Street have failed to respond to attempts by the Building Department to correct Sanitary Code and City ordinance violations. 4. On September 29,2009,I cited the record owner for violation of City Ordinance 12-56, "Unsightly Conditions" for the significant overgrowth on the property that had spread to the sidewalk. 5. hr August 2011,1 was contacted by the Salem Police Department about the condition of the building. The police report indicated that the building had been vacant for approximately three (3)years and noted an overgrown landscape and roof damage. At the request of the Police Department,I visited the property and observed that there was a hole on the right side of the house below the roof and the gutter, i was unsuccessful in my attempts to contact the owner to have repairs made to the property. 6. In August 2013, I called the Police Department to assist roe with securing the front door of the building. At that time,I found the front door wide open and all three(3)floors appeared empty. 7. On October 4, 2013,the City placed a lien on the property in the amount of$225.00 for the cost of the locks to secure the building and the recording fee. This affidavit is signed under pains and penalties of perjury,this K day of July,2014. Thomas St.Pierre Director of Public Property/Building Commissioner City of Salem 120 Washington Street,P Floor Salem,MA 01970 44r484444444kAt+ixi.8418#i**SRN#kt*:KYk�Y�888t � 5r On this 2' �day of July,2014,before me,the undersigned notary public,personally appeared Thomas St.Pierre,proved to me through satisfactory evidence of identification which were Wtt1,to be the person whose name is signed on the above docuiiAent,and cv o swore or affirmed to me that the contents of the document are truthful and accurate to the best of her knowledge and belief. JOANNE M. 00040, Nagy P„bk My commission expires: 7 / �reenote anEVOk d cOMONw YHofwsstiaxuserte Ocrober,A.lpid POLICE OFFICER' S FORMAL REPORT 05/09/14 16: 03 SALEM POLICE DEPARTMENT PAGE: 1 Case#: 690166 TTYP11 -63 rpt date: 08/06/13 17 : 01 reported: TUESDAY 08/06/13 16: 11 ucr: 421 OPEN DOOR-BUSINESS/RESIDENCE location: 33 BALCOMB ST follow up by: (N) ONE NEEDED case status : CLEARED/CLOSED NORMAL officer: rpt status : COMPLETED review officer: comp/vict notify: No sup review officer: 138 SGT F RYAN cir/involve type: complaint: ASSIST BLDG. INSPECTOR WITH OPEN,VACANT BLDG reporting officer: 70 PTL ANDERSON assignment: C car: ESX second officer: sup/back-up: *** NAMES *** type mast# name/add phone dob ss# =====- -------------- --------- -------= ___________ INVOLVED 002516 STPIERRE,THOMAS J (978) 977-9377 12/27/61 015-56-4285 120 WASHINGTON ST SALEM MA 01970 *** NARRATIVE *** 16: 11: 43 CD-421-ASSIST BLDG. INSPECTOR WITH OPEN,VACANT BLDG 16:28 :22 CLEAR ASSISTED WENT TO 33 BALCOMB ST TO MEET THE BUILDING INSPECTOR THOMAS STPIERRE WHO HAD FOUND THE FRONT THE DOOR WIDE OPEN. THE THREE FAMILY HOUSE APPEARS TO BE ABANDONED FOR QUITE AWHILE. ALL 'THREE FLOORS ARE EMPTY. UNKNOWN WHO OWNS THE HOUSE. THE FRONT DOOR OF THE HOUSE WAS SECURED. -=------------=-------------- --------------------- chief [ ] capt/oic [ ] cid [ ] traffic [ ] fire [ ] other [ J - - ----------------------------------------------- I recommend this case be declared: Unfounded ( ) Not Cleared ( ) Court Action ( ) Cleared by Arrest ( ) Case Declared: Active ( ) Complete ( ) Unfounded ( ) Domestic Violence ( ) Reporting Off' s Sig. Date/Time OIC Signature Date/Time 05/09/14 16: 05 SALEM POLICE DEPARTMENT PAGE: 1 v5. 5p INCIDENT REPORT TTYPll -63 shift: B date : 11/07/12 WEDNESDAY org/1st --------------------------------------------------------------------------------- ********** C 20I FIRE DEPT ASSIST **rcv*clr* 14 : 17 * 31 . 5 BUFFUM ST SAL 20I 20I 659487 * REMOVED CELLAR DOOR / FIRE ASSIST SMOKE 61 * ID # : 438 504-63 *** UNIT (S) *** HSE * SAL P PTL JERZYLO 504-97 r> 14 : 17 d> 14 : 17 a> c> 15: 24 k> h> *** COMMENTS *** HSE SAL 14 : 17 : 50 CD-20I-REMOVED CELLAR DOOR / FIRE ASSIST SMOKE 504- HSE SAL BURNER BLOWBACK--HOME OWNER NOTIFIED BY FIRE 75 - HSE SAL 15: 24 : 39 CLEAR 97 - officer. ' s signature date SPD PD.RLGVI SALEM POLICE DEPARTMENT 05/09/14 15: 38 PAGE 1 v5. 5b LOCATION HISTORY REPORT TTYP19 -118 33 BALCOMB ST apt : 003 1 ****ALLISON, ROBERT 05/09/2009 c/t id# date time case# ucr ucr desc 05/09/2014 -- ------------------------------------------ SAL -- --- -- ---------- SAL 438 08/06/13 16: 11 690166 421 OPEN DOOR-BUSINESS/RESIDENCE ASSIST BLDG. INSPECTOR WITH OPEN DOOR ON BLDG SAL 438 11/07/12 14 : 17 659487 20I FIRE DEPT ASSIST REMOVED CELLAR DOOR / FIRE ASSIST SMOKE SAL 438 08/18/11 14 : 00 615433 926 PROBLEM PROPERTY NEGLECTED VACANT PROPERTY POLICE OFFICER' S FORMAL REPORT 05/09/14 16: 06 SALEM POLICE DEPARTMENT PAGE: 1 Case#: 615433 ******** PRELIM DO NOT GIVE OUT ******** TTYPll -63 rpt date: 08/18/11 14 : 05 reported: THURSDAY 08/18/11 14 : 00 ucr: 926 PROBLEM PROPERTY ibr: 1 : 19D 2 : 197 location: 33 BALCOMB ST and FOSTER CT follow up by: (N) ONE NEEDED case status : OPEN officer: rpt status : PRELIMINARY review officer: comp/vict notify: No sup review officer: cir/involve type : complaint: NEGLECTED VACANT PROPERTY reporting officer: 63 PTL PHELAN assignment: B car: 093 second officer: 55 SGT ROCHEVILLE sup/back-up: *** NAMES *** type mastfk name/add phone dob ss# --------------------------------------- -------- ----------- INVOLVED 002516 STPIERRE, THOMAS J (978) 977-9377 12/27/61 015-56-4285 120 WASHINGTON ST SALEM MA 01970 PROPERTY 026448 MCGRA'PH,MARY J 12/11/64 33 BALCOMB ST apt: 003 3 SALEM MA 01 *** NARRATIVE *** On 08/17/2011 Officer Fabiszewski requested I look into the property located at 33 Balcomb St. He related the property has been vacant for about three years and is in need of attention. He stated the landscaping is overgrown and the roof is in bad condition. This Officer (Phelan) immediately contacted building inspector Thomas St. Pierre to look into the situation. Mr. St. Pierre looked at the property and reported back to me today. He agreed the property is in need of repair stating there is hole on the right side of the house just below the roof and gutter. He stated he would attempt to contact the owner about the situation to have the property brought up to building codes . ----------------------------------------------- chief [ ] capt/oic [ ] cid [ ] traffic [ ] fire [ ] other [ ] ----------------------------------------------- I recommend this case be declared: Unfounded ( ) Not Cleared ( ) Court Action ( ) Cleared by Arrest ( ) Case Declared: Active ( ) Complete ( ) Unfounded( ) Domestic Violence ( ) CITY OF SALEM, MASSACHUSETTS BUILDING DEPARTMENT 120 WASHINGTON STREET,3RD FLOOR �r Wit;ti +'nna TEL. (978) 745-9595 FAX (978) 740-9846 KINIBERLEY DRISCOLL MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUILDING COMMISSIONER September 29,2009 Mary J. McNamara 11 Yorkshire Road Marblehead Ma. 01945 R,E 33 Balcomb Street s Dear Owner, this department has received and investigated a complaint regarding the condition Of your rental property. The overgrowth is significant and is spreading out over the sidewalk. City of Salem ordinance 12-56 "Unsightly Conditions" requires the owner of a property to remove unsightly conditions from their property. . You are directed to remove the overgrowth from the property within 10 days of this notice. Failure to comply will result in Municipal Ordinance tickets being issued daily.IIf you have any questions,please contact me directly. Tho St.Pierre Building Commissioner/Director of Inspectional Services cc.Jason Silva, Councillor Prevey Co. z•�r�,.rte° Jug CITY OF SALEM HEALTH DEPARTMENT 12 h r�2 BOARD OF HEALTH S��r1, L0 9 North Street CITY OF ,A;„'SS. ROBERT E. BLENKHORN Salem, Massachusetts 01970 HEALTH AGENT 508-741-1800 L June 29, 1992 „aVmcentand Mary McGra bo 33 Balcomb Slreett � t� � Salem,Ma 01970 ' 3 Dear Mr.and Ms.McGrath: In accordance with Chapter I11, 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 1I: Minimum Standards of Fitness for Human Habitation,an inspection was conducted of.your property located at 33 Balcomb St.Apt.#2 conducted by Julie Forsberg,Sanitarian,of the Salem Health Department,on the morning of June 9,1992,at 12:00 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 these violations in accordance with the enclosed report. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. 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 parry has the right to be present at the heihng. Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory remedies available to them m outlined in the enclosed inspection report form. For the Board of Health Reply to: Ro rt E. Blenkhom, C.H.O. Julie Forsberg Health Agent Sanitarian REB:jf Certified Mail P 819 902 841 cc: Tenant Fire Prevention Building Department Electrical Department s, Page 1 of SALEM HEALTH DEPARTMENT A 9 North Street Salem, MA 01970 State Sanitary Code, Chapter It: 105 CMR 410.000 Minimum StandariJ16 o6 Fitness for Human Habitation Occupant: Phone: Address: ` ` 33 ct:� f6siyt �o' Apt. Floor Z Owner. V t 'tCe✓i4F /�VjGj� ��'M+lAddress: CvWl LD - :� /V1A- o�•I tg Inspection Date: Z Time: Z 'moo wx- - Conducted By: �JLA-A ie' Accompanied By: �GVtct ✓� � Anticipated Reinspection Dater I�'1G12 Specified Reg # " Violation Time 410. . . . Gi 1- W 1" i c�� —1—i v✓�e 1—Y i� f a l to vv i 24 -��/E- Cir-F--i�--i f>✓ o F �l+-t--�� t��S I-i p_c_ z Ian lt' � Ls Ij One or more of the above violations may endanger or materially impair the health, safety and well-bein or the occup�nts(e�� gt , Code Enforcement Inspector Este es un documento legal importante. Puede qua afecte sus derechos. Puede adquinruna traduccion de esta forma. APPENDIX H(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. R nt V1 w1dine(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: r1 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.) 2. IRnak and Deduct(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows you to use your rent money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health, safety,or well-being,and your landlord has received written notice of the violations, you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have them made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent in any year to make the repairs. 3. Retaliatory Rent Increases or Evictions Prohibited(Massachusetts General Laws,Chapter 186,section 18,and Chapter 239, section 2A):The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made the complaint,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 damages of he or she tries this. 4. Rent Receivership(Massachusetts General Laws,Chapter Il,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 ofHabitability: You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimum standards of habitability. 6. ilnf it and Decepliyt.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 Page Z of SALEM HEALTH DEPARTMENT 3j 9 North Street Date: 4,- 22 --9 2 %,w4M Salem, MA 01970 Name: Address: Specified Reg # Violation Time 410. . . . T 7--A r--po Wc)cn�V\= rl- v,cu.-.--ov�le�r' ex s tet. ��1 0-- bum lel LA �-v1- a I�z�{fit-- vJvn i cL I oric� cc ca�* Fol a1Nc - F-v al I -7 I iso �t �x� Ips -h-c. L'u'-,i+ w i � S[.G i P.0 �c-t•-E� Imo- -o Y�-t-, ave Cot--�--,�r— WcL I I -}zn �, s , Page-��— of SALEM HEALTH DEPARTMENT Date:' 9 North'$treet A ' Salem.MA. 01970 Name F I�c�-. Address: C��s ` ` I C0 t�t'l "• Z– Specified Reg # Violation Time 410. . 1 Ls 1l . _. } . . .. _ICL' t .. • � t� irl t/C'�WZ '�G.'rS (o l 's V-el u Q4 `l oo w ovy � ' 0 I vv, . Eo Co S GL ✓✓� . -1 5s -iw,e Page 4 of SALEM HEALTH DEPARTMENT 3. 9 North Street Date: Salem, MA 01970 Name: 4t'�C--� Address: 00 Specified Reg # Violation Time 410. . . . —7 r�>0. S GL.ro s► +-,a I I 4Wit- Ki+o -I ,leg �s �T „� 35 I �I cc-Fr� cam.. l ova wool� vccz.r-- s�-I � ✓',E' fie. I0.. L=am '._, ,�. ✓-� CA AJ--� Li V i 1-r�yr L ih ` IoC o� W0..I OU cloc�l - c I5 I v� o `S L c- oo,-, , cam,- �i G4-,'I l'= ' Flo 2A 11125 4Sz c i tt�t- 4 . Page '- of whet: SALEM HEALTH DEPARTMENT Data: Lo ' 2Z•BIZ 9 North Street Salem, MA 01970 Name: 14 ' Address: Specified Reg # Violation Time 410. . . . izntt 2-1 D1. L 1 1 Irr��1W1 V�1Ga t t. Vvt- W i cc.i 1-v�•-- 244F Lt::> 1=I CCA--V ; CCLA l V iGi v,i W It-VN 0.I -E z� 4-=t i eleGE-r; d LL6 i I - f-�-aw, -lam s z1 r' A� cswZa-t� � IG •I �, -r',-,e -f-L�-- �s I- low 4-4 l �a 25Lp W 1 } 1.� o. 1 i cGt� kvz Gi -F-o d 14 GIz' l i vvt- b��-, cis �nlal-- SALEM HEALTH DEPARTMENT Page of, -7 9 k6rth StreetDate. - Salem, MA 1970 CWO •, Specified - 77 CA �I J _ I � I _ _ ®®� a - CG11r�T� a r Z.0 lI� 1lYrli a I � `� � ta�gt �s�a�• \ _ i Cttp of 6a lem, Naggacb gettg Public Propertp Department �9'"C/ry/NR �3uilbi.ng Department '� ®ne �nlem green 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer July 6, 1988 Mr. Robert Fairbanks 2 Foster Court Salem, MA. 01970 RE: Alledged Zoning Violations , - 33 Balcomb Street Dear Mr. Fairbanks , At your request I have reviewed the material submitted with regards to possible Zoning Violations at property located at 33 Balcomb Street with the following findings. 1 . The Board of Appeal decision states only that five (5) parking spaces be provided on the lot with no location being shown on the plan submitted to the board. Neither this department , nor any other, can force the occupants of the building to use the spaces, nor can they be prohibited from parking, legally on a public way. The music, loud conversations, hours of coming and going, and amount of traffic are not Zoning violations and would be better brought to the attention of the Police Department . I understand the problems that you have brought to my attention but un- fortunately this department does not have the authority to solve them for you. Sincerely, t William H. Munroe Director of Public Property WHM/eaf C.C. Mayor Salvo Ward Councillor City Clerk CGINTTRArT TG PURCHASE REALTOR NORTH SUORE From the office of: Fresentedto: t. . C• Listing Office— Listing Agent TO: SELL BER(S) j � >t.-+ `';� Frnprri}'Address At a -i_ � t Town l City c Approximate L.n+Siu. Bock._,_,..._.. _ page Registry of Deeds 7, SVF FLERFBY OFFER TO PAY FOR TTiF.ABOVE-NOTE[}PROPERTY: (a) 5 47L74000- ,of which - 7t ,2(} (d) 5� pep - is to be pain a,a tint:�t.delivery of the deed,by cash,c rdfied ot.bank check.. (e) $ A20 L70 " Total Purchase Price 2. ACCEPTANCE TERMS: < C(}. lt,fCP-M11, :t ( ,20 Lund may be accepted Only by tt This Offer shall remain open until :— SELI-7:R(s) signing this document.prior thereto wherSignifying"Leprance or this OffW Upon acceptance by SELLER this shall hecomr. the contract between the parties; uthcrwisa, this Offershall be considered rejected, and any deposit paid accordance, ccordance herewith returned to BUYER(s). 4. LEAD I.AW ACKNOWLEDGEMENT: HUYER(s) ackrow3ed9e receipt of the `Massachusetts Department of Public Health Properry 1Y otificatinn' rcgatding Lead Law, I S. INSPECTION;BUYER(S)' ELECTION TO TIeRMIN�ATF: /((f pl � JJ This Comet is suhjtxtt to the tight of the BUlTkls)to obtain,xt the RI'YF.R(s)' sole cyst,a home tnxpcetinn atcluding a lead t inspection of the premises by cnnsultanf(S) of tile. BUYER(s)if th B tg uER( )withinsing ntt xatisfietd th fthe iesultslof such inspe of this Contract or no later than � this Contract may be terminated by the BUYER(s at the BjYYER(s) election, without legal or equitable recourse to any I the pftitic5 thereby releasing each other from all l:ab ty uFdra this Contract, art l all deposits shat' be returned to the BUYF However, in order to elect to terminate, BUYUK!) m n}�FR(s�' `tSn entiansSto so te5mtivang Btokf ifurel to sowriting, fy w?11on oT bb: expiration of the. ten (10) day inspection period, t BIIYFR s (term termination under this aza ret In rah Vunt the B[h FR(s) do nat elect to haver such in pectinn. or". () p g terminate wtithin ten (10) days, the 5c11ei(s) nerd tltc Bmkcr(s a hezebv released fro liability relating to defects in the pit whSh sh UyER(s) to BUYER(s)' cunsultzk(s)it uld reasonabl, is. oQVer. - - �,oTt-L�wUf✓�� IaI��Q Tl:�s Unit= is subject to the BUYER(A)Obtaining a COnvurstivapl, VA,pr Fblry�(isgt mnctgegc commitment Ol' S r3 7� nd�b'� at prevnilmg interest rntes,I term and 11'rM9 )f the BUYER )wi9 unxhlc to Obtliln thr i hbovis notd }lnaatar.Z, aftrr uSm(! dilieenl efforts tp da so which J lsl;rnt cff0)ix' vhn11 mr.wn at 7ras1 nnr, »ppHnannn to nn 1nts,mpwrtVAlua lmturcr T-•11onnrbeforep _ r""') they,1!UX12R(s)1110ten .matethisConductbynuliryil�theSP:.C.LI?12(R) in writing, on Ot betOte 1 — "� , ,6 upon willonottficolon all di.puwiis thall be rls;rned to the n t, 'R(s}., Fa lure.10 a0 nots7y will isa the 13UYER(s) riurn irrtnr 4tion antler tLio paraktnph. 7. CLOSING: A gond ap4 suffic e.nr Deed,.eolsveying A g Od and drat record and markeialAu title allAll for ilrlivra'd by lix, b2LLUR(s), On Or beforc _ •_ A M (''_�l N G• (� 1l at the appropriate Regisuy of Dcerk,unleils so=o'hcr urns ar:e?piece a.e mutually ayrccd upon m writing. Time is of the ewrnre of l.h18 C tnttnict, S. SYECIA.T..PROVISIONS: _ C 4 I V / f GLGC 9. VVRRANTIES &REPRESENTATIONS: The BUYER(s) acknowledges that Le/ she has and;relied upon any warranties Or representaflons not Incorporateri in th Contract, eXLe:Pt. for Lite addltiona) warranties and reprehentutinny, If any,made by either the SJ?LLT..(s) or the BrOker(1 If aone,state '.N'O.NE". �r � N�I'ICP ; 'T IS IS-A LEGAL DOC'TMk:N'T THAT C.REA ES BINDING OBLIGtkTTONS. F. No. TTNDER.S7°001), C. 3NSUT.T ALNATTORNEY. t` •. /�c' '�1 l�� • BL'YER:.��ee! '�• `{ .v— AilYLik: _. g;gnarye Signr+tnte t4' IlU Y1;R:. t BUYER: ---- — -- Pant Name Frint Name a i I This Offer is bereby ' r ted at : d 0 A.Mdv). on SELLER: i .. SELLER:'__ w AddreAddress: ss: -- - - This Offcr s beleby acknowledged but rejected at _ s_ AM /P.M on 4 SEIJ.F.R: _ Sigrsoturc SELIF.R:_ _�------ -- r _ - , P,inthar..c gtNnlT� L ELIZABETH M.RENNARD 4 VICTORIAB.CALDWELL CTTYSOLIC/TOR 9 P^` ASSISTANTOTYSOLIQTO,R Rcr,.une n°P 93 WASHINGTON STREET 93 WASHINGTONSTREET SALEM,MA 01970 SALEM,MA 01970 TEL:978.619.5633 CITY OF SALEM TEL:978.619.5634 FAX: 978.744.1279 FAx: 978.744.1279 EMAIL:BRENNARDOSALEM.COM KIMBERLEYL.DRISCOLL,MAYOR EMAIL:VCALDWELLOa SALEM.COM LEGAL DEPARTMENT 93 WASHINGTON STREET SALEM,MASSACHLJSETI'S 01970 September 29, 2014 VIA Certified Mail/Return Receipt Requested& Regular Mail Ms. Mary J. McNamara 11 Yorkshire Road Marblehead, MA 01945 RE: City of Salem v. Gregory R McNamara et al,Civil Action No. 14H77CV000183 (31-33 Balcomb Road,Salem, MA 01970) Dear Ms. McNamara: I am writing to confirm the understanding we reached on September 24, 2014 regarding the status of the above-referenced property and the City of Salem's pending petition to appoint a receiver. We agreed to hold off having our petition heard by Judge Sullivan after learning that you had received offers to purchase the property and were planning on selling the property. You also provided the City with an invoice for pest elimination which indicated that traps had been set for raccoons on August 27, 2014. Please be aware that you will need to call Mike Lutrzykowski (978 619 5648) to schedule a re-inspection of the property or provide the City with documentation that the sale of the property is proceeding, prior to the hearing in Lawrence on October 17, 2014 at 9:00 am. Otherwise,the City will pursue the appointment of a receiver based upon the ongoing failure to address violations of the State Sanitary Code. If you have any questions or need further information, please feel free to contact me. Very truly yours, / i Victoria B. Caldwell cc: Gregory R. McNamara Rachel L.Judkins, Esq. Scott C. Owens, Esq. i Michael E. Lutrzykowski,Asst. Building Inspector i Mailing Address: Call Toll Free P.O. Box bio 1-800-362-2687 Dracut, MA`01826 LUIM Service Address Billing Address Date 6r /�� /,Jy Name ' Name Street33 �co�, ��- Street city I State Zip City State Zip Home Phone Business Phone Home Phone Business Phone P,fD lip iong6a� � Person to Contact Serviced For: Serviced For, But NOT Warranteed: Check List: / �n IN ODT Inspection - General Pest-Termite - Bat- Mold - 4-.4v/ rtc Technician's Time: ❑ Exterior Barrier Treatment C1 Ant Baiting ❑ Baseboard Treatment Q Cabinet Treatment Service Fee: $ C] Wall Void Treatment Q Fogging $ ❑ Cellar or Crawl Space Treatment C1 Rodent Baiting C) Crack and Crevice Treatment ,C] Spot Treatment Total Due $T-JC/ Comments or Instructions �Y J lu Warranty Exp. Date a X , d/� oe�P la Technici Lic.# 'Ctczy VQ ea 3 co6� s et 2 X, awl f a C�,-t � Customer S gnature Payment Made By: Q Bill To Ld ,Check# 6366" Q MCNisa# Authorized by: Other ❑ Discover# SS#: To allow the pesticides enough time to work, it's important to wait 4 weeks from the initial service date before scheduling any needed re-treatments. Re-treatments can be scheduled Monday through Friday between 9:00 am and 5:00 pm. Security Pest Elimination's warranties do not cover damage to your home property caused by insects or animals. Some of the benefits customers receive from our Residential Service Plans consist of: • Identifying Termite and other wood destroying insect activity early, before expensive repairs are needed. • Preventing pests from getting established and becoming a nuisance, and or, a health hazard. *DISCOUNTED RATES FOR RENEWED SERVICES-SEE REVERSE The two types of programs we offer at Security Pest Elimination are as follows:`' The Residential Maintenance Program consists of 2 preventative treatments per year and emergency visits throughout the year are also free. In the spring,we will perform an inspection of your home, and apply a preventative treatment to susceptible areas of your home, as well as treating any current insect problems your home may have. Inthefall, we will return to inspect, and perform a preventative treatment for rodents, and do a barrier treatment to the outside. This is to prevent a re-infestation of ants and other.over wintering insects. . Should a pest problem occur at any time during the year, simply call ` our .`office to schedule an appointment. We will gladly send a technician to treat the problem at no additional;clrarge. Call office for pricing. Payment in full is expected at the time of initial service. The Quarterly Treatment Program consists of 4 scheduled preventative treatments, spread out over a 12-month period, designed to stop pest ,infestations before ,they begin. This program provides your home with the highest level of protection. It is similar to the above plan, but it includes 2 more inspections and preventative treatments to help prevent pests from infesting your home. These 2 extra treatments are scheduled in the summer and winter, and emergency visits are free of charge. This program can be divided into an initial payment and 3 quarterly payments. Call office for pricing. THESE PROGRAMS COVER THE FOLLOWING HOUSEHOLD PESTS: '-Carpenter Ants Silverfish Cockroaches Mice Pavement Ants Centipedes Carpet Beetles Rats Clothing Moths Wasps ,,Pantry.Pests Spiders Fleas Hornets Earwigs Bird Mites ;yt Some of the benefits from periodic,preventative treatments and inspections from a trained pest control professional are: 1.)Identifying Termite and other wood destroying insect activity early,before expensive repairs are.needed. 2.)Preventing pests from getting established and becoming a nuisance and/or a health hazard. DISCOUNTED RATES FOR RENEWED SERVICES: Residential Customer Single Pest Discount- 15%off everyday pricing. .Residential Maintenance Program Discount- 10%off everyday pricing. Services must be renewed within four months of program expiration date. Cannot be combined with any other discounts. ..,, PHONE: (800)362-2687 • FAX: (978) 446-0440 U.S. Postal Service,,, CERTIFIED MAIL, RECEIPT ,- (Domestic Mail Only;No insurance Coverage Provided) ru S Postage $ M m M Certified Fee N Postmark C3 Retum Receipt Fee Here 0 (Endorsement Required) / O Restricted Delivery Fee O I IyI/ (Endorsement Required) S Total Postage&Fees $ rq r—1 ru sauur'IT, Nb`----- t.yo; �nr -" or)4 Box P14 1--- �--'�`--�11 ------------";--- Qty,State,ZIP+4 LIL Certified Mail Provides: ■ A mailing receipt ■ A unique Identifier for your mailpiecis {{ ■ A record of delivery kept by the Postal S14cs forhvlp pars , Important Reminders: nl ■ Certified Mail may ONLY be combined with First-Class yall,or Pdodty 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. Is For an additional fee,a Return Receiptm%be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece°Return Receipt Requested'.To receive a fee waiver for a duplicate return receipt,a USPSa postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agant.Advise the clerk or mark the mailpiece with the endorsement Testnctsd Delivery'. ■ It 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. IMPORTANE Save this receipt and present It when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047 ELIZABETH M.RENNARD � � Y44 s, J4 VICTORIAB.CALDWELL OTYSOLICITOR 9�°iMin o°�P ASSISTANT©TYSOLIaTOR 93 WASHINGTON STREET - 93 WASHINGTON STREET SALEM,MA 01970 SALEM,MA 01970 TEL:978.619.5633 CITY OF SALEM TEL:978.619.5634 FAx: 978.744.1279 FAx: 978.744.1279 EMAIL:BRENNARDQSALEM.COM KIMBERLEYL.DRISCOLL,MAYOR EMAIL:VCALDWELLQSALEM.COM LEGAL I)EPARTMENT 93 WASHIiNGTONSTREET SALEM,MASSACHUSETTS 01970 September 29, 2014 VIA Certified Mail/Return Receipt Requested & Regular Mail Ms. Mary J. McNamara 11 Yorkshire Road Marblehead, MA 01945 RE: City of Salem v. Gregory R. McNamara, et al, Civil Action No. 14H77CV000183 (31-33 Balcomb Road, Salem, MA 01970 Dear Ms. McNamara: I am writing to confirm the understanding we reached on September 24, 2014 regarding the status of the above-referenced property and the City of Salem's pending petition to appoint a receiver. We agreed to hold off having our petition heard by Judge Sullivan after learning that you had received offers to purchase the property and were planning on selling the property. You also provided the City with an invoice for pest elimination which indicated that traps had been set for raccoons on August 27, 2014. Please be aware that you will need to call Mike Lutrzykowski (978 619 5648)to schedule a re-inspection of the property or provide the City with documentation that the sale of the property is proceeding, prior to the hearing in Lawrence on October 17, 2014 at 9:00 am. Otherwise,the City will pursue the appointment of a receiver based upon the ongoing failure to address violations of the State Sanitary Code. If you have any questions or need further information, please feel free to contact me. Very truly yours, IPr1�� C,zt w-J�q (Victoria B. Caldwell cc: Gregory R. McNamara Rachel L.Judkins, Esq. Scott C. Owens, Esq. Michael E. Lutrzykowski, Asst. Building Inspector COMMONWEALTH OF MASSACHUSETTS ESSEX, SS HOUSING COURT DEPARTMENT NORTHEAST DIVISION- SALEM CIVIL ACTION NO. CITY OF SALEM Petitioner, V. GREGORY R. MCNAMARA, MARY J. MCNAMARA and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS as Nominee for 1-800-EAST/WEST MORTGAGE COMPANY Respondents AFFIDAVIT OF THOMAS ST. PIERRE, IN SUPPORT OFAPPOINTMENT OF RECEIVER FOR PROPERTY AT 33 BALCOMB STREET, SALEM, MA 1. I am the Director of Public Property/Building Commissioner for the City of Salem (City). I have held this position since 2004. From 1998 to 2004, I served as a Building Inspector for the City. 2. As Director of Public Property/Building Commissioner, I am responsible for overseeing building and health inspections of all property in the City. In this capacity, I coordinate multiple inspections of properties by various City departments. 3. Since 2009 to the present time, I have been personally aware that the owner(s) of a three (3) family house at 33 Balcomb Street have failed to respond to attempts by the Building Department to correct Sanitary Code and City ordinance violations. 4. On September 29, 2009, I cited the record owner for violation of City Ordinance 12-56, "Unsightly Conditions" for the significant overgrowth on the property that had spread to the sidewalk. 5. In August 2011, I was contacted by the Salem Police Department about the condition of the building. The police report indicated that the building had been vacant for approximately three (3) years and noted an overgrown landscape and roof damage. At the request of the Police Department, I visited the property and observed that there was a hole on the right side of the house below the roof and the gutter. I was unsuccessful in my attempts to contact the owner to have repairs made to the property. 6. In August 2013, I called the Police Department to assist me with securing the front door of the building. At that time, I found the front door wide open and all three (3) floors appeared empty. 7. On October 4, 2013, the City placed a lien on the property in the amount of$225.00 for the cost of the locks to secure the building and the recording fee. This affidavit is signed under pains and penalties of perjury, this day of July, 2014. c4r-lw Thomas St. Pierre Director of Public Property/Building Commissioner City of Salem 120 Washington Street, 3`d Floor Salem, MA 01970 On this�yday of July, 2014, before me, the undersigned notary public, personally appeared Thomas St. Pierre, proved to me through satisfactory evidence of identification which were Rjum I It 4 K yyLuA), to be the person whose name is signed on the above docu ent, and Ao swore or affirmed to me that the contents of the document are truthful and accurate to the best of her knowledge and belief. „J ANN e My commission expires: ,1 Mrcarvnewan&Pku oaaner n,ao�� 7 f 4 1 tttC 'NORTH SHORE ASSOt TATTO\OF RF.ALTORS�,INC. eoauur� o REALTOR* anroxrtr O,STE:_..�. t J` _ _ From the office of Presented ( � �J I Listing Office-Listing Agent SELLERS) Property rWdre�'s _� t k +y`, Town City C3' '(- ApproximaieL'orSiz:e, Acptr__,.__.._•_ Page RegktryofDeeds 7, WF.RF.RFBY OFFER.TO PAY FOR TITF.ABOVE-,NOT"FROPFRTY: (a) S a?6,DD of which _ ,?A).�. (d) SQ77 L . nd� is to oe para a,a tint:ur dclivc�y of the deed,by each;certified or bank Check. (e) S 0 tR0 - Total Purchase Prue 2. ACCTANCE TERMS: �'C3(} Lntlnce 20('7 and may be accepted Only by t1This Offer shall remain open until 1._ .4 IPM± 4 —l acct arce.b SL11 Cti•SELt.FR(s) signing this document pr or therUo o�ere . sigt fytng ac o this Offi)ptm l y this shall become, the Contra between the panic<, otherwise, this Oftel shall be considered rejected, and any deposit paid accordance herewith returned to BUYER(s). 4. LEAD LAW ACKNOWLEI>GE:MENT: P sty azl��rl JjUYER(s) acknovrledge receipt of the 'Massachrisens Department of Public HUlth Pro a 1 otihcatiad regarding i.cxd Law. �J f ,}� S. INSPECTION;BUYER(S)t ELECTION TO TER➢iINATF.: / i 1 'cd to the right of the BUYLF.(s)to obtain, at the Rt'YF.R(s)' sole cyst,a home inspection cludiag a lead, This coonC-ontf th suhj inspection of the prrrrises by consultant(s) of t t� BLYERIf th own,Zuusing FR(s)µs'npt s�aisfiedaaithfthe tesulFtaf sucl inspet of this Contract or no later than this Contact may be terttttnated by the Bl}YEf:(s at the Bjr. {s) election, without legal or equitable recourse to any the ptutics thereby releasing each other frurr all liab t}' a es this Contract, and all deposits shall be returned to the BTIYI int Ntnveva, in order to elect to terminate, UUYLRI;sj mL ' nYFR the s) in writing, on inteUbnsS to so terminate-, ailure.1 o notify v iilOr b expiration of the ten (10) day inspection perio'l, r ( ? do not Rt)YLR{s) fnnr terrrtination utnhde 5cllet(s) and Rrnkcr(s th �oethatebhe R reltsed).`ro:n liability r la ir.E to detectPent%e P t terminate vntlun ten (10) days, UYER(s) ur RiiYF.R{s)' ctmsuitxht(=j could reasonabl} em�er, .F G hLNANCrNY?: fidietex t I Lis Contract is subject to the MJYCR(m) olm"Oing a Convcmiunal, VA, n, Jilt )��ra :nurtt;a}r r.ommStntna of Sr3?[9n I ..L! at prtvaill tp in.cre+;t rotes,peb,E& and terms I1 Else DUY1711(3)iK unaltlr,m u44a111 ihn eliovr noted 1793n4i1 g, afl ca aSl tF rhlicent efforts to do'so whia)t rt ligu=d X(Jils, 010ttluhn at le.4m; mr mplilieartM JO;, M'tl tpstACgwtW)¢radar r nil n, bcf. {1 — . ) l l� thex 1lUXUI<(s)nsny terminate thrs Coati au ha i+utifyie u thr$l jx7 jl(M1) In writi g, on or before i t ._ j :rnaned to the na, ,:R(s),. Fathire to so notOy will ba, alto F3UYTR(s) flum 1 ini ation mirler1ch tLis pflouapmya t, all Qupus3ls BL�111tr. p 7. CLOSING: l A good afryt suf is:r_.nr Deed,-conveying a g6rd Old CJUT record and rrai eelable title'Aliall bo ilel(vt W, by the. SlILLISR(s), o'o or beinrc A M C _,7,o{ y at the appropriate Realm%y If I Mcrls,tuEit+ss some other Esme j di:d peece alt Mutually agreed upon'r.wriune, Time is of the C.gselur:of this Curit.rnt;t; !i 8 5PEC.`TAT.P OWSIONS: V 'LGA- /_L � . c i1 ` � M1. �(� 9, ti'lrARRANRES &REPRESENTATTONS: The l3UVER(s) acknowledges that he/ she has ntis. relied upon any warranties or representations not lncorpoeated in tla contrset, exceptfor the additional warranties and relirchunt.ut.i Ens, If any, made by either the SELJXI.'t(s) or the Broker(i if none,state':N'U/rE". NOTICE, F' IS Is; LE-GAJ DOCCLii'ViENT TI-IlkT CRF;& ES BTNL)ING OBLICt1, TONS• I ( NO I71 DEW.r(I �)N!iULT AN ATpTORNEY. BUYER: S:gnaiuc Signuvm { 1 BUYER:. ._ BUYER: I int Name —^ -- Print Nama~ d This Offer is berebyx ted at A.Md-y on SELLER: / ^ -- SELLER:.— Address: ELLER:.—Address: – Address: This Offe"s hereby a.knowledgre. bill rejected at _ ,is_ AM ON on SELI.F.R: SSgratvrc Signa.ute PrintlSa,^.:e !i n CITY OF SALEM, MASSACHUSETTS BOARD OF HE:ILTH 120 WASHINGTON STREET 4 'FLOOR PllblicHeaith Pcevcnl.Pmmotc,P,o)ecl, TEL. (978)741-1800 Fax(978) 745-0343 KIMBERLEY DRISCOLL lramdin(a�salem.com MAYOR LARRY R,�tiro1N,Rs/REHs,r.Ho,cr-Fs HEALTIi AGENT May 22,2014 Mary J.McNamara 11 Yorkshire Road Marblehead,MA 01945 VIA CERTIFIED MAIL 7012 1640 0002 3313 2915 Regular Mail Dear Property.Owner: - This office has received many complaints regarding rodents and other wildlife living on your property located at 33 Balcomb Street in the city of Salem,Massachusetts. An on-site inspection was conducted on May16,2014 by David Greenbaum,Senior Sanitarian for the Board of Health. There are several areas of building that are open to the outside which allow the entry of rodents and other animals. Additionally,there are large piles of trash and yard waste on the property. These conditions create an ideal harborage for rodents. Raccoons,rodents,etc.are considered a neighborhood nuisance and community health hazard. The property must be exterminated by a licensed exterminator. After extermination has taken place any burrows must be filled and monitored,all openings in the building must be sealed to prevent the entrance of rodents and other animals and you must take all necessary steps to prevent any infestation from occurring in the future. In accordance with Mass General Laws,Chapter IH,Section 123 you are ordered to retain the services of a licensed exterminator and suppress any rodent population within fourteen(14)days of receipt of this order and a copy of this invoice must be forwarded to this department upon completion of the extermination. 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. If you have any questions or concerns please call this office at 978-741-1800. I thank you in advance for your cooperation. For the Board of Health: Reply to: 4 David J.Greenbaum Larry Raindin Senior Sanitarian Health Agent N r eywL.J CI'T'Y OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET 4'''FLOOR PI1bI�CHC81t}i STREET, Prevent.Promote.Protect. TEL. (978) 741-1800 Fax(978) 745-0343 KIMBERLEY DRISCOLL lxamtfin(Dasalem.com L;\1212Y 12;1MDIN,RS/1ffiFIS,CFIQ CP-PS MAYOR Hi,"Ar H AGENT May 22,2014 Mary J.McNamara 11 Yorkshire Road Marblehead,MA 01945 Dear Sir/Madam: In accordance with Chapter 111,Sections 127A and 1278 of the Massachusetts General laws,105 CMR 400.00:State Sanitary Code,Chapter I:General Administrative Procedures and 105 CMR 410.000:State Sanitary Code,Chapter It:Minimum Standards of Fitness for Human Habitation,an inspection was conducted of your property at 33 Balcomb Street in the City of Salem by David Greenbaum,Senior Sanitarian of the Salem Board of Health,on Friday, May 16,2014 at 9:30 am(photos taken and on file).The following violations of the State Sanitary Code were noted,as checked: X CMR 410:600 Storage of Rubbish and Garbage X CMR 410:601 Collection of Rubbish and Garbage X CMR 410:602 Maintenance of Areas Free From Garbage and Rubbish(A through D) BOH Regulation#7 Description of Violations:See Enclosure(s) 410.600: Storage of Rubbish and Garbaae (A) Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight-fitting covers.Said receptacles and covers shall be of metal or other durable,rodent-proof material.Rubbish shall be stored in receptacles of metal or other durable,rodent-proof material.Garbage and rubbish shall be put out for collection no earlier than the day of collection. (B) Plastic bags shall be used to store garbage or mixed rubbish and garbage only If used as a liner in watertight receptacles with tight-fitting covers as required in 105 CMR 410.600(A)provided that the plastic bags may be put out for collection except in those places where such practice is prohibited by local rule or ordinance,or except in those cases where the Department of Public Health determines that such practice constitutes a health problem.For purposes of the preceding sentence,in making its determination,the Department shall consider,among other evidence of strewn garbage, torn garbage bags,or evidence of rodents. (C) The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling place shall be responsible for providing as many receptacles for the storage of garbage and rubbish as are sufficient to contain the accumulation before final collection or ultimate disposal,and shall so locate them to be convenient to the tenant that no objectionable odors enter any dwelling. (D) The occupants of each dwelling,dwelling unit,and rooming unit shall be responsible for the proper placement of her or his garbage and rubbish in the receptacles required in 105 CMR 410.600(C)or at the point of collection by the owner. 410.601: Collection of Garbage and Rubbish The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling place shall be responsible for the final collection or ultimate disposal or incineration of garbage and rubbish by means of: (A) The regular municipal collection system;or (B) Any other collection system approved by the Board of Health;or (C) When otherwise lawful,a garbage grinder which grinds garbage into the kitchen sink drain finely enough to ensure its free passage,and is otherwise maintained so as not to create a safety or health hazard;or - (D) When otherwise lawful,a garbage or rubbish incinerator located within the dwelling which is property installed and which is maintained so as not to create a safety or health hazard;or (E) Any other method of disposal which does not endanger any person and which is approved in writing by the Board of Health(see 10410.840) 410.602: Maintenance of Areas Free From Garbage and Rubbish (A)Land: The owner of any parcel of land,vacant or otherwise,shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage,rubbish,or other refuse.The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety and well-being of the occupants of any dwelling or of the general public. _ (B)Dwelling Units: The occupant of any dwelling unit shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish,other filth or causes of sickness that part of the dwelling which s/he exclusively occupies or controls. (C)Dwellings Containing Fewer Than Three Dwelling Units: Ina dwelling that contains fewer than three dwelling units,the occupant shall be responsible for maintaining in a clean and sanitary condition free of garbage,rubbish,other filth or causes of sickness the stairs or stairways leading to her or his dwelling unit and the landing adjacent to her or his dwelling unit if the stairs,stairways,or landing are not used by another occupant. (D)Common Areas: In any dwelling,the owner shall be responsible for maintaining in a clean and sanitary condition free of garbage,rubbish, other fifth or causes of sickness that part of the dwelling which is used in common by the occupants and which is not occupied or controlled by the occupant exclusively. (1)The owner of any dwelling abutting a private passageway or right-of-way owned or used in common with other dwellings or which the owner or occupants under her or his control have the right to use or are in fact using shall be responsible for maintaining in a clean and sanitary condition free from garbage,rubbish,other fifth or cause of sickness that part of the passageway or right-of-way which abuts her or his property and which s/he or the occupants under her or his control have the right to use,are in fact using,or which s/he owns. Board of Health Regulation#7: 5_1 Time of Placement 5.1.2 Bags may be placed curbside for municipal collection no sooner than 6 AM the morning of the scheduled collection. 5.1.3 All containers and bags must be placed curbside no later than 7 Am on the day of collection and must be removed from the sidewalk on the same day as the collection.5.2Solid Waste Weight Limit There may be no more than:3 containers or 3 bags or a combination of containers and bags totaling no more than 3 and weighing no more than a total of 50 pounds each;plus one bulky waste item,placed curbside for municipal collection.5.4 Bulky Waste One bulky waste item per week may be placed for collection by residents and allowed small businesses.5.9 Yard Waste Yard Waste may not be included in regular municipal collection. It will be collected 5 times per year on a schedule agreed upon by the City and the City's contractor. Yard waste must be placed in yard waste paper bags or open containers clearly marked as"yard waste."Trimmings may be bundled in lengths no more than three feet long,(branches may not have a diameter wider than 3 inches)and weigh no more than 50 pounds. You are hereby Ordered to make a good faith effort to correct these violations within 24(twenty four)hours of receipt of this notice. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. 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. One or more of the above violations constitutes a condition,which may endanger or materially impair the health or safety and well-being of the occupant(s) or the general public. If you have any questions,kindly contact this office at(978)741-1800. For the Board of Health Reply to: n Larry Ramdin David Greenbaum Health Agent Senior Sanitarian - cc: Ward Councilor :{ r � CITY OF SALEM, MASSACHUSETTS - BOARD OF HEALTH 120 WASHINGTON STREET,4""FLOOR PublicHea Ith Prevent,Promote.Protect. TEL. (978) 741-1800 FAx(978) 745-0343 KIMBERLEY DRISCOLL Iramclin@salem.com LARRY RAMUIN,RS/RENIS,CHQ,CV-PS MAYOR Hl';ALI'I{AGEN'1' Trash Letter Violations To: Mary J. McNamara Date: Friday, May16, 2014 Address: 11 Yorkshire Road Time: 9:30 AM City / State: Marblehead, MA 01945 Property At: 33 BALCOMB STREET Violation Numbers: X_ 600: Storage of Rubbish and Garbage X_ 601: Collection of Rubbish and Garbage X_ 602: Maintenance of Areas Free From Rubbish and Garbage. B.O.H. Regulation #7 Complaint: Upon inspection of the above referenced property the following were noted: there are large piles of trash and garbage littering this property. This includes, furniture, loose, torn bags of trash, Ns construction debris and yard waste. Owner must properly remove of and dispose of all TVS, construction debris, yard waste and trash and maintain this property in a clean and sanitary manner. A continuation of this violation or any other violation of this matter will result in a monetary citation being issued. cc:Building Inspector Assistant City Solicitor COMMONWEALTH OF MASSACHUSETTS ESSEX,SS. HOUSING COURT DEPARTMENT NORTHEAST DIVISION CIVIL ACTION NO.2014CV00183 CITY OF SALEM, Petitioner, V. GREGORY R.MCNAMARA,et al., Respondents. NOTICE OF APPEARANCE Please enter my appearance as counsel on behalf of Defendant Mortgage Electronic Registration Systems, Inc. Respectfully submitted, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, �N% a rney, tt C. Owens,Esq. B O#654406 HARMON LAW OFFICES,P.C. 150 California Street Newton,MA 02458 Direct: 617-558-0738 Facsimile: 617-2434038 Dated: August 20,2014 Email: sowens@harmonlaw.com I HEREBY CERTIFY THAT ATRUE COPY OF THE ABOVE DOCUMENT WAS SERVED'UPON(EACH APPEARING PROSE AND)THE ATTORNEYP ARTY F RE RD FOR EACHP TY 13Y MAIL(BY HAND)ON IOWITURE) 10 J CITY OF SALEM 201I3h010I4I010I26IZIlIBIkII3IZI8NI�lIIIPIIIIII ,0,04,20,3 12:08 STATE P 9 198 ESSEX, SS e „ Statement of Claim Pursuant to Mass. Gen.L..ch. 139.Section 3A NOTICE IS HEREBY GIVEN that the City of Salem claims$225.00(Two Hundred Twenty-Five Dollars)* due from Mary McNamara, owner of record of the premises at 33 Balcomb Street, Salem, Essex County,Massachusetts as set forth in Book T-TPage 096;1 in the Southern Essex District Registry of Deeds. Such debt,which became due on August 22,2013 for the purpose of install two lock and hasps,together with interest of 6%per annum,hereby constitutes alien upon the land on which said premises are located this day of nCO bP,� 2013. Kimberley Driscoll Thomas t.Pierre Mayor of Salem Building Commissioner *BREAK DOWN OF COSTS: BAYSTATE BUILDING&REMODELING INC. Install two lock and hasps $150.00 Filing fee at the Essex Registry of Deeds 75.00 TOTAL $22$41! COMMONWEALTH OF MASSACHUSETTS ESSEX, SS HOUSING COURT DEPARTMENT NORTHEAST DIVISION- SALEM CIVIL ACTION NO. CITY OF SALEM Petitioner, V. GREGORY R. McNAMARA; MARY J. McNAMARA;AND MORTGAGE ELECTRONIC REGISTRATION SYSTEMS AS NOMINEE FOR 1-800-EAST-WEST Respondents MOTION FOR ALTERNATIVE SERVICES OF PROCESS Now comes,the City of Salem,by and through its Assistant City Solicitor,Victoria Caldwell, ("Petitioner') and hereby requests that this court allow Petitioner to proceed with alternative services of process in the above-referenced matter.As grounds for this motion,the Petitioner states the following: 1. The Petitioner is seeking enforcement of the State Sanitary Code Provisions on property owned by Gregort R. and Mary J. McNamara located at 31-33 Balcomb Street,Salem, Massachusetts (the"Property"). 2. The Respondent, MERS has an interest in the property by way of a Mortgage on the Property, and have an address in Flint, Michigan. 3. The Property was found unsecured and has numerous long-standing code violations which pose a serious risk to health,safety and well-being of abutters and residents of the community in which it is located. 1 4. For efficiency,the Petitioner now asks this court to allow it to render services of process upon the Respondents by certified mail at the addresses listed in the Petition,return receipt requested,instead of personal service required by Mass.R.Civ.P. 4(d)(1) and 4(e). WHEREFORE,the petitioner requests this court allow alternative service of process. Respectfully Submitted The Petitioner, CITY OF SALEM , � � _ _ �,{ By its attorney, Dated: lC I 1 y 1 �1' "I V 'C' 1 �E�� Victoria Assistant City Solicitor Salem City Hall 93 Washington Street Salem, MA 01970 Tel: 978-619-5634 BBO#549848 2 The Commonwealth of Massachusetts SPECT14NAlS RV�4IYOF r Board of Building Regulations and Standard SALEM N Massachusetts State Building Code, 780 CMR ..':E g ��,��PB ��Mar 2011 Building Permit Application To Construct,Repair,Renovate coolish a One-or Two-Family Dwelling OD This Section For Official Use Only Building Permit Number: Date AppQd: Building Official(Print Name) Signature Date SECTION 1:SITE INFORMATION 1.1 Property Addre 1.2 Assessors Map&Parcel Numbers 1.1 a Is this an accepted street?yes_ no Map Number Parcel Number 1.3 Zoning Information: IA Property Dimensions: Zoning District Proposed Use Lot Area(sq ft) Frontage(ft) 1.5 Building Setbacks(ft) Front Yard Side Yards Rear Yard Required Provided Required Provided Required Provided 1.6 Water Supply:(M.G.L c.40,§54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Public❑ Private❑ Zone: _ Outside Flood Zone?Check if yes❑ Municipal❑ On site disposal system ❑ SECTION 2: PROPERTY OWNERSBIPt 2.1 Owtlerro€Re cord, �� .� Y may`"` Name(Print) City,State,Lir No.an �LI t n� Email Address SECTION 3:DESCRIPTION OF PROPOSED WORIe(check a that apply) New Construction❑ Existing Building❑ Owner-Occupied ❑ 1 Repairs(s) 501 Alteration(s) ❑ Addition ❑ Demolition ❑ Accessory Bldg.❑ Number of UnitsI Other ❑ Specify: Brief Description of Proposed Work': S SECTION 4:ESTIMATED CONSTRUCTION COSTS Item Estimated Costs: Official Use Only (Labor and Materials) 1.Building $ 1. Building Permit Fee: $-Indicate how fee is determined: 2.Electrical $ ❑Standard City/Town Application Fee ❑Total Project Cost'(Item 6)x multiplier x 3.Plumbing $ 2. Other Fees: $ 4.Mechanical (HVAC) $ List: , 5.Mechanical (Fire -Suppression) $ Total All Fees:$ Check No. Check Amount: Cash Amount: 6.Total Project Cost: $ 0 Paid in Full 0 Outstanding Balance Due: SECTION 5: CONSTRUCTION SERVICES 5.1 Licensed Construction Supervisor(CSL) License Numb r x n D e Name of Q der ' A List CSL Type(see below) T e Description Address U Unrestricted(on to 35.000 Co.Ft. R Restricted I&2 Famil Dwellin re M Mason Only RC Residential Roofing Coverin Telephone WS Residential Window and Sidin SF Residential Solid Fuel Burrun A liance Installation D Residential Demolition 5.2 Registered H me v in t o r(HIC) ' 'ti 03—q — i Registration N mbe HI Co an N e or Re i N r Address esonee -7� �� Expiratio to Telephel,ph T SECTION 6:WORKERS'COMPENSATION INSURANCE AFFIDAVIT(M.G.L.c. 152.§ 25C(6)) Workers Compensation Insurance affidavit must b completed and submitted with this application. Failure to provide this affidavit will result in the denial of the Issu ce of the building permit. Signed Affidavit Attached? Yes ..........❑ No ...........❑ SECTION 7a:OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT 1 � as Owner of the subject property hereby to act on my behalf,in all matters authorize relative to work authorized by this building permit application. Dale Si nature of Owner - SECTION 7b: OWNERm OR AUTHORIZED AGENT DECLARATION as Owner or Authorized Agent hereby declare that the a statements and information on the foregoing application are true and accurate,to the best of my knowledge and behalf. Print N Signature of Owner or Authorized Agent Dal rSined under the ains and enalties of e ' NOTES: 'n Owner who obtains a building permit to do his/her own work,or an owner who hires an unregistered contractorot registered in the Home Improvement Contractor(HIC) Program),will nor have access to the arbitrationogram or guaranty fund under M.G.L.c. 142A.Other important information on the HIC Program and Construction Supervisor Licensing(CSL)can be found in 780 CMR Regulations 1 IO.R6 and I IO.R5,respectively. 2. When substantial work is planned,provide the information below: finished basemenUattics,decks or porch) Total floors area(Sq.Ft.) (including garage, Habitable room count Gross living area Ft.) Number of bedrooms Number of fireplacesces Number of half/baths Number of bathrooms Number ofdecks/porches Type of heating system O Enclosed pen Type of cooling system 3. "Total Project Square Footage"may be su all led for"Total Project Cost" ,< CITY OF SOU EN, 15 AkSSACHUSETTS BuIIDIING DEPARTMENT • 120 W iSHIINGTON STREET, Yo FLOOR TEL. (978) 745-9595 FAx(978) 740-9846 SCIxiBERtEY DRISCOLL MAYOR THobtAs ST.PIERRE DIRECTOR OF PUBLIC PROPERTY/BUI DIING CONMaSSIONER Construction Debris Disposal Affidavit (required for all demolition and renovation work) In accordance with the sixth edition of the State Building Code, 780 CMR section 111.5 Debris, and the provisions of MGL c 40, S 54; Building Permit# is issued with the condition that the debris resulting from this work shall be disposed of in a properly licensed waste disposal facility as defined by MGL c 111, S 150A. The debris will be transported by: go (name of hauler The debris will be disposed of in : (name of acrl ty) (address of facility) 4s4ignae-'ofpermit applicant l — --�� date debrisafT.diw HOME IMPROVEMENT CONTRACT Date: Sold,Furnished and Installed by: LaBelle Roofing,Inc. Job#_ �'I p 304 Boston Post Road,Wayland,MA 01778 Phone:508-358-7663;Fax:508-358-7662 Federal ID#20-8350649 CMA Florae Improvtement Contractor Reg.4154084 Installation Address: 33 ?AA(e—ow t, �',r" �90, 60— 6 f 1—( O 1'urehnsers Wurh Phone: City Stale Lip Hump Phone: ` off •n9� t ( ( &t1 llume Address: I _ (lfdiffmnnt from Instaliatibn Address) - City State Zip Proicet Information-I/We/you("Purchaser") the owners of the property Located at the above installation address,offer to contract with LaBelle Reefing,life.to toInnish,dciiver and arrange for the installation of all materials as described on the attached Spec Sheet 4:_l2„32. LaBelle Rooting,Inc.reserves the right to cancel this contract if,upon re-inspection of the job,LaBelle Routing,Inc.determines that it cannot perform jtsi�obligations due to a structural problem with the home or because work required to complete the job was not included in the contract. DEPOSIT PAYMENT OPTIONS ' Subject to fund vedficntion andtor credit approval) n CONTRACT AMOUN7$t/ 7 2 I. Check nshicrs Cheek or US Postal Service Money Ordcr �'n ram' e payable to LaBelle Roofing,Inc.) *LESS DEPOSI2 1g CrcditCarl' poyman options-Circle One Below Visa MasterCard Discover' ,4melican Gspress BALANCE DU Acetrl, -xp.DateON COMPLE'FIINS *�i -- Name is it appears on card: Indicate Payme tt Method For j *By charge tear b ve refit below, reds agree to anew LaBelle Roofing,Inc.to BAL,ANCF,DUE ON COMPLETION: charge the above tefrrenccd credit card for the deposit indicated. _ 0 � '� CardholdcPs Siymaturc Date i S , Purchaser agrees that,jmm�dintely upon satisfactory completion of the work.Purchaser will execute a Completion Certificate and pay any t balance(Inc.Purchaser also)agrees to be jointly mid severally obligated and liable hereunder. Entire Agreement:This agreement and its attachments,including any financing agreement,contain the complete agreement between the parties and cannot be extentled or modified unless in writing in it separate agreement signed by both parties. NOTICE TO PURCHASER Do not sign this contract before you read it.Yon are entitled to a completely filled-in copy of the contract at the thew you sign.Keep it to protect Your rights.Do nut sign any completion Certificate or agreement stating lint you in v satisfied wtth the entire project before this prnjcet is complete.Law prohibits home repair catch actors From,requesting or accepting a Completion Certificate signed by the owner prior to the actual completion of the work to beIperfnrmcd under the contract. You may cancel this transaction at any time prior to midnight of the third business day after the date of this contract See Notice of Cancellation Eaton explanation of this right There will be a serAre charge equal to 2.5%of the contract amount if the job is cancelled by Purchaser AFTER. the third business derv. BY MY/OUR SIGNATURE BELOW,1/W r.AGREE TO BE 13OUND BY THE MRMS OF THIS CONTRACT.I/WE ACKNOWLEDGE RECEIPT OF A COPY OF THIS CON'I'i2ACl'ANI7 TWO COMI'LE'PED COPIES OP THE NOTICI3 OI'CANCGLLA"RON.DO NOT SIGN'1'1115 CONTRACT IF THERE ARE.ANY B . KSPACES, SUBMITTED BY: Date ACCEPTED BY: Date Honconamr Dale Eloincowner NOTICE:ADDI'ftONAL TERa9S,CONDITIONS AND WARRAN'NES ARE STATED ON THE,REVERSE SIDE AND ARE PART OF MIS CONTRACT. Whim-Office Yellow-Cnswmcr I'iak-Sales Consultant ROOF� ROOF to cllc ROMMI , Iwc.U # 1232 3048ostonPoatRoad,Wayland,MA01778 Office: 08-358.7663•Fax:508.358-7662"WE TOFTNfMF[[" Skylight Specifications/Work Order Name: i t�DvU� Phone: (j i 1 - Z 4 7 - ?3 922 Job Address: Email: 'LM,LS CL.�II �$BEE-e ` Dumpster Location: city: EF Etf� - state: Zip: o 111)D Motlel Slze Protlua Code Blind Cade Room Quantity Shalt/CAndral comml Trim ryce Height jExislingl 6 , ° I I I - i Flat Roof ❑ Approxi to Pitch Skylight Only Pitched Roof ® P p Z - Nu of Stories EPDM Combo Job ❑ ( ❑ Approximate Color Hard Access Dumpster Shingles D�94 S Yes ❑ No yes ❑ No �[] Does Customer have matching shingles? Yes ❑ " No rx�8p - I VSa �t icCShCf_�( a 3/ f rrF /uooa c C, oss I I Customer Signature: Date: YBIt Ai1TH®wr�ATlOjg job TOIBE COMPLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FORA BUILDING PERMIT as owner of the subject property_a_ ' cc 4I'4' ^ A{CF». � � c�rA-�e..wl "`lA�� hereby authorize LaBelle Roofing to act on my behalf In all matters relative to work relating to this buildi ng permit application,and all permitted work. Signature of Customer - �- G 16 Date h J a " =un��,--ice. n.€ 4F'•.�3Z pp �aiaa(s3„��srpiyratiza�onRnmvidt�'(): IL I " eie y -©In a eTo �i�tfi am ajCao6�aca12 � g�a�eeEr �� 9 n mmtarna, z)- �save�edS�esnTi �^c =LL, 6 07r cF�uc3oa PAP -orpartmr- ? tadonatcl � x 7 nmod I' S�lljf`imd*e no 2I11g�OF2eft �g . fi'�ID$formCmauptcy�' TI}BS�.gC®$"3C I'1-01a S �� QI! R U99'rod=s' men..,.:... T'`o11L�S-"' Cpm�7'II�S g q ° ' i ❑ as accvm&mand�is ❑B�dII1Sgddiion 3- I2m s o doa aIl o eersl�ace eYascys &es 10❑Fd chlcal�apairs or add'ru6ms arywIt 3hto emgfian�erLE�i IdQPI. �P• c 15�§I ;an$�zehpSeio " ta�Fsat'duoii's iaseman°ter ax�3 '- employees: r L2 QZvor��rs s�YxPP4autt�zt chec�uozs3 mud eaPnp mead-Ae@icc�L�cr�d1 I� -i upmscaueeyn_o5•n71Lsa�(TaQ�Im�ilift° -thechgrt6elaar�ammgc¢�c :cwgis90.P �.-9� mmtiiau. usl=,erg.'6Z�a�oua140��1��imkmmdthealtueu6td�itmhaslosmustsubm�aneyv<�d.'vi 'nnS zRfvrrtitUios. �' �"'r�`trvr�tt�=��P-m1�tozu?asrt�ze��m'�¢R ee�—f�t�F�fe1�o��ac�rdfoLsi�� ins•(ue�ce Goigpsiyiyame: Policy ffarSelfips.Iic.k fFab Site dress � AU'acha 6py of 2Tse masers•rA ) f EyfSYat Zip- . ` oao decLzacrQeYs�tbt[ce euo� 750Qc0n0cae rag/oe�-s,-- �mtt Seatior nowtpy q & aswFi7vefnsecoe �5�ofvM�4M2 mhau I C + agnt of 99 fa OD e8irffi O'conm as�v�llasclvlPeaza't¢ f7s.�mimo a 6P-_- _ Ali uesn a 8e aavisedthaia con of 0. a z�a fuc rncsanaosv�eDCaTDrms�anaseuuegeaoa p 'ssratPmcataardpcaEaz I cic�frsebp`�.� rye.' "PF afF�Y�t#Yz;z; u�o"natbn�r-as�deda6ouP� �q�'e • ]]ate_ �, ass---�:.g��•�a jc�@�kr -Pere�{t/sacese e Cou'laxt som o� o { t Massachusetts - Department of Public Safe e` t3 6"%A I Building ea`� ` °e�ieggs ati r'ns Cand Aga-'a a:f d r atpg gj k: License. C. ROBERT A LABE�U . 304-BOSTONPost imptM W4*hd j" ®j?N8 ` r 1.�, •r �i"i� • ExP€ration Commissioner 05/09/2017 Qifice of r'oisumer rs c"":BL's Hess 2e Wa[irn _HOME tIVIPROVENIENT CONTRACTOR �_�_ - ;Registration: 15apga !: -,='s`�Eapirafion: Z/5/Z017 Type; I - - Private Corporatior • LABELLE ROOFING, INC. ROBERT LABELLE 304 BOSTON POST RD- - 'A/AYLAND, fWA 01778 - UndersecreMry i i i I C IS7 ICI ATE OF L IABILI fY ITISI! C 7p1�^CERTIFICATE fS ISSUED AS A NL¢fTER OF INFORMATION ONLY AND Cp - DATE fI cER nFlcare Does NOTAFFIRNIAnVEL1`OR NEGATNELYAB7END NEERS nlq RIGHTS UPON THE CERTIFICATE HOLDER TF115 OR P CERi1F(CATE OF 1NSURANOE DOES NOT CONsnTUTE A CON CONTRACT 8S7WEEm TI Is COVERAGE FORDED BY THA�ORIIE POLICIES 92 A 1 OR PRODUC AND THE CERTFl TE HOLD IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the pottcp(ies)must be enclosed. IF SUBROGATION IS WAIVED,subject to the co s arttl hldrconditions of Policy,certain policies may require and endorsement A statement on fhis certincate deer not conED,er sudghts to the PRODUCE eats holder in Sieu of such endorsament(s). PRODUCER CONTACT A COSTA EYSURA\ICE AGENCY NAMI 2 FRANICLIN COMMON PHONE FAQ LAIC,No,E-t): FRAM4INGH.4M,MA 01702 EMAIL 783flY ADDRESS: INSURED INSURER(S)AFFORDING COVERAGE NAIC DOING RIGHT CONSTRUCTION INC INSURER TRAVELERS PROPERTY CASUALTY CO3WAk'YOFAAMRICA INsuRSR e: WSURER C: 117 E MAIN ST APT 2 WSURER D: AI KA 01757 INSURER E: COVERAGES - INSURER P: CERTIFICATE NUMBER: ISISTOBER- -E '-THAI EBLIORPOLIITIONON$URANCE LJSTED 9EibyYNAVEBEEN ISSUED TO THE INSUREp NAN1Ep I.IASOVEFOR THE PO CY ERfO plREMSION tp Cp7Ep:Npry�rD{STANDING ANYREQUIRE6r"EP ERN SOESCRRION OFANy CONTRACTOR OTHER DOCUNI-MWITH AFFORDED eYTHEPOLICIES DESCWSED tiEitpN�gQ� :.T ALL,ntE,rERpiS,(r.CWIn NSANDCOND17I""'5U�CR CATEES, BEISS OWN WjYRAVE BEEN REDUCED By PAID CLAIMS ERTAIN.THEIkSURANCE NSR LiR TYPE OF INSURANCE. ADD SUB I. It POUC 1.1 YEIIII PoCYE,, GENERAL LIABILITY POLICY )NUMBER (Iffl briny (Mh90DLYYYY) LRA rS COMMERCIAL GENERAL LIABILITY - CH OCCURRENCE �S CLAIMS MADE OCCUR DAMAGE TO RENTEp PREMISES(Ea S Dacuoence) MED EXP(Any one person) IS GEN'L AGGREGATE OMIT APPLES IFC p ERSONAL BgpV INJURY I POUCY C]PROJECT LOG n IS GENERALAGGREGATE IS AUTOMOSLELIABILITY PR ODUCTS.COMPIOPAGG IS ALL OWN COMBINED SINGLE ALLOWNEp AUTOS LIMfi S (Eaarsident) SCHEDULE AUTOS BODILY INJURY �S HIREOAUTOS (Perpemon) NON-OWNEDAUTOS BODILY INJURY IS (Peramident) ' PROPERTY DAMAGE �S (Peramident) UMBRELLA LJAS OCCUR EXCESS LIAR BCLAIMS-MADE EACH OCCURRENCE IS .IDU".1 AGGREGATE �S RETENTION S _ I IS A WORKER'S COMPENSATION AND IS =0)YERB LIABILITY - YIN I WC STAMORY �OTHERI ANY PROPERITOR/PARTNERI;�ECUTIyE UB-RD83952Sii ti/27/2a15 t1/2712078 OFFICERMIEMSER EXCLUDED? WA - LIMITS _ •_ (Mandatary to NH) Q E.L.EACH ACCIDENT$'j00,000. - DESCRIPTION OFF PAilONSeaaw . E.LAPLOYEE IS 16D,000 DESCRIPTION OF OPERATION97LOCATIONSNEHIC E.LDISEASE-POL]CYUMIT IS 500,Own UD ! T�REPLACES "Fo PR OR CERTIFICATE)SS IVEE D IC�RESTRICTIONSISPECIAL ITEMS CERTIRCATE HOLDER AFFECTING WORKERS COMP COVERAGE CERTIFICATE HOLDER - LABELLEROOFING CANCELLATION 304 BOSTON POST ROAD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE-THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICYPROVISIONS. "'AYLAND,MA 01778 AUTNOR17ED REPRESENT' �NE -ri r A+CORD 25(2011s1I The ACORD name and 1000 are re yistDred marks of ACORD 1988-2010 ACORD CORPORATION. _ - _ Ail rights reserved. CERTIFICATE OF. LIABILITY INSURANCE DATE(tARJ01YYYYY) [REPRES011TATIVE ins CERTIFICATE IS ISSUED A8 A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE;CERTIFICATE HOLDER THIS16 ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND; EXTEND OR ALTER TFfE COVERAGE AFFORDED BY THE POLICIES ELOW. THIS CERTIFICATE OF INSURANCE DOES SNOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED- OR PRODUCER,AND THE CEFITIRCATE HOLDER.MPORTANT: if the certificate Rol(Br isDDITIONAL INSURED,-thepoiicy(les) must b ldred..ifSUBROGATIONISWAIVED,sI, Ject_to he terms and candiliore of the policy„certalgpoliClad may require an endorsement A statement on this certificate does not confer rights to theertificate holder In lieu of such emiorsement(s). PAOOJCEi .CONTACT Chisholm Insurance Agency 'n .z Jennifer Goodfellow PO Box 399 IAM.ti,eai- (508) 358-6111 - a1X x , (506) 358=5328 Wayland, MA 0177$ ADDRESS: - ' INSURE S AFFOROIN3 COVERAGE NAICC I�uIED 'INsuRel A:We tern World Insurance LaBelle Roofing, Inc. IMUREae:Utica National 304 Boston Post Road IN6uROIC:Nautilus ZBsurance 'c/o CT,Unde Wayland, MA 01778 .. INSURER:°: INSURETE: COVERAGES INSURM F: CERTIFICATE NUMBER: I - REVISION.NUMBER: . THIS IS TO CERTIFY THAT THE POLICIES OFINSURANCE LISTED BELOW HAVE BEEN.ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING BE I TANDING.ANY REQUIREMENT,TERWOR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT'WITH RESPECT TO WHICH THIS EXCLUSIONS ONS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED.BY THE POLICIES DESCRIBED HEREIN IS-SUBJECT'TO ALL THE TERMS, EXCLUSIONSAND CONDITIONS OF_SUCH POLICIES.OMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS._ INSR._ ADDL SUER _ - LTR TYPE OFINSURANCE INSR WVD POLICY NIIMBEA' MIID/Y Mrs A GENERALLV1BIlliY X. MPP8236613. a/1/15 -8/1/16 EACH OCCURRENCE'- - S --1 OOO OOO$ COMMERCIAL GENERAL LIABNTY ETD RENTED, CLAIM 4A,DE ®OCCUR - e._- 5 50. 000. NED-EXP(Aryorepasmy S 5 -000 PERSOWL&ADVINJURY -$ 1 000 000 GENERALAGGREGATE S 2 000, 060' GEN'LAGGRfiiATE LIMITAPPDESPER POLICY PRO_ LQ PRDDUCrS-CX)W/OPAGG S 1 000 000 Al1TOMOeIIP B LtAB1UTY S_4$$95$1 8/31/15.. 8/31/16 COhEf 1 SINGL LIMB dv ANYAUID aa �^t000- ALLOWNEO SCHEDULED BODILY INJURY'ZZn`J 5 AUTOS & AUTOS BODILY INJURY(Per Zdd..13' x HIREDAUTOS R NON-OWNED AUTOS PROPERLY DAMAGE 5 eracddmt UMBRELLA UAB 5 C R % omuR AN02177.9 IXC65DA6 8/1/16 EACHOCGUrR2ENCE $ 5' 000,000 CLAIMS�AAOE - .. OED RETENTIONS AGGREGATE S 5,000,000� I . I WORKEI6 COMPENSATION S AND EAPLOYERS'LIABILRY -WC SrATU- OTH_ PROMIETOR)PARTNEWEXECUTNE YIN OFRO=R/MEMBER EXCLUDED? N/A EL EACH ACO DEM S iMaMarory in NH) - EL.DISEASE- my ,de ibeunder EA EM , PLOYE S ESCRIPnON OF OPERAT10NSbalow E.L.DISEASE POLICY LIMB Is LESCRIPTONOFOPERATIONS/LOCATIONS/VEHICLES-(AWED ACORD 10.1,AMional Remdw Sdmtlule;IfmwespaAe brequrei) - CERTIFICATE HOLDER - CANCELLATION EAUTHOR12EDREPRESENTAME FTHE ABOVE DESCRIBED POLICIES BE CANCELLER BEFORE SAMPLE. - N DATE THEREOF, NOTICE WILL BE DELIVERED IN ITH THE'POLOY PROVISIONS: EITATWE hisholm - ACORD 25.( )207 OPo5 ©1988-2010ACORD CORPORATION. All rights reserved. - The:ACORD name and logo are.registered marks of ACORD Phone: _ Fax: - E-Mail: coRo® °A'�`M" °°""Y CERTIFICAT5 OF*LIABILITY INSURANCE PHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATI 03/22/2016 ON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: Ifthe certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). - PRODUCER' CONTACT NAME: Jennifer Goodfellow CHISHOLM INSURANCE AGENCY INC. PHONE a (508)358-6111 FAx E-MAIL A/C No ADDRESS: )goodfellow@chisholminsurance.com P.O.BOX 399 - INSURERS AFFORDING COVERAGE NAIC p WURED . - MA 01778 INSURER A: HARTFORD UNDERWRITERS INS CO 30104 INSURED - INSURERB: - LABELLE ROOFING INC NsuRERc: INSURER D: 304 BOSTON POST ROAD -- INSURER E: WAYLAND --...----.--._ MA 01778 1 INSURER F: COVERAGES CERTIFICATE NUMBER: 38892 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LTR TYPALGNERAL LIE POLICYNUMBER MM/DD MMmO LIMDS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE ❑OCCUR PREMISES RENTED nre $ MED EXP Anyane person) $ NIA PERSONAL a ADVINJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑PRO- - ❑LOC JECT PRODUCTS-COMP/OP AGG 8 OTHER $ AUTOMOBILELIABILITY - COMBINED SINGLE LIMIT $ Ea accident ANY AUTO ALL OWNED SCHEDULED BODILY INJURY(Per person) $ AUTOS AUTOS N/A BODILY INJURY(Per accident) 8 HIRED AUTOS NON�GAUTOS ED A AUTOS PROPERTY DAMAGE Per accident $ $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE N/A AGGREGATE $ DED RETENTION WORKERSCOMPENSATON v $ AND EMPLOYERB'LIABILITY YIN X STATUTE OEft ANYPROPRIETORrPARTNER/EXECUTIVE E.L.EACH ACCIDENT § SOO,000 A OFFICER/MEMBEREXCLUDED? WA NIA NIA 6S60UB0271 N46916 03/22f2016 03/22/2017(Mandatory in NH) If yes,descdbe under EL DISEASE-EA EMPLOYEE $ SD0,000 DESCRIPTION OF ERATIONSbebw E.L.DISEASE-POLICY LIMIT § 500,000 N/A DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORO 101,Additional Remarks Schedule,may be altachetl if more space is required) Workers'Compensation benefits will be paid to Massachusetts employees only.Pursuant to Endorsement WC 20 03 06 B,no authorization is given to pay claims for benefits to employees in states other than Massachusetts if the insured hires,or has hired those employees outside of Massachusetts. This certificate of insurance shows the policy in force on the date that this certificate was issued(unless the expiration date on the above policy precedes the issue date of this certificate of insurance). The status of this coverage Can be monitored daily by accessing the Proof of Coverage-Coverage Verification Search tool at www.mass.gov/lwd/workers-componsaUonrinvestigabons/- CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SAMPLE ACCORDANCE WITH THE POLICY PROVISIONS. 1 Main Street. AUTHORIZED REPRESENTATIVE Wayland MA 01778 �. (z (`- r Daniel M.Cro v�_Ey,CPCU,Vice President—Residual Market—WCRIBMA 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) _ The ACORD name and logo are registered marks of ACORD I 23`fS 1 -6 �1 The Commonwealth oA blf 1!" VtE ES Department of Public Safety W Massachusetts State Building rva5Atrv— ^ 1 Building Permit Application for any Building other• an n r o- a icy Dwelling .(This Section For Official Use Only) Building Permit Number: Date Applied: Building Official: 'n SECTION 1:LOCATION(Please indicate Block#and Lot#for locations for which a street address is not available) 1 No.and Street City/Town Zip Code Name of Building(if applicable) V (� SECTION 2:PROPOSED WORK _ Edition of MA State Code used_ If New Construction check here❑or check all that apply in the two rows below 1 Existing Building❑ Repair❑ Alteration ❑ 1 Addition❑ Denwlition ❑ (Please fill out and submit Appendix t) Change of Use ❑ Change of Occupancy ❑ Other ❑ Specify: fAre building plans and/or construction documents being supplied as part of this permit application? Yes ❑ No ❑ tl�• is an Independent Structural Engineering Pee'r Review requir i? Yes ❑ No Brie�scription of Proposed Work: Yew e�� SECTION 3:COMPLETE THIS SECTION IF EXISTING BUILDING UNDERGOING RENOVATION,ADDITION,OR CHANGE IN USE OR OCCUPANCY Check here if on Existing Building Investigation and Evaluation is enclosed)(See 780 CMR 34) ❑ Existing Use Group(s): Proposed Use Group(s): SECTION 4:BUILDING HEIGHT AND AREA Existing Proposed No.of Floors/Stories(include basement levels)&Area Per Floor(sq.ft.) -/-� o 0 Total Area(sq.ft.)and Total Height(ft.) a UO r SECTION 5:USE GROUP(Check as ap Livable) A: Assembly A-L❑ A-2❑ Nightclub ❑ A-3 ❑ A-4❑ A-5❑ B: Business ❑ E: Educational ❑ F: Facto F-I ❑ F2❑ H: Hi h Hazard H-1 ❑ H-2❑ H-3 ❑ H-4❑ H-5❑ 1: Institutional W❑ 1-2❑ 1-3 Cl 1-4Clbt: Mercantile❑ R: Residential R-10 R- R-3❑ R4❑ S: Storage S-1 ❑ S-2❑ I U: Utility❑ 1 Special Use❑and please describe below: Special Use: SECTION 6:CONSTRUCTION TYPE(Check as a livable) IA ❑ IB ❑ IL\ ❑ I1B ❑ IIIA ❑ Hill ❑ I IV ❑ 1 VA ❑ VB ❑ SECTION 7:SITE INFORMATION(refer to 780 CbIR 111.0 for details on each item) Water Supply: Flood Zone Information: Sewage Disposal: Trench Permit: Debris Removal: Public Check if outside Flood Zone` Indicate municipal�( A trench will not be Licensed Disposal Site❑ required❑or trench or specify: Private❑ or indeatify Zone: or on site system❑ permit is enclosed❑ Railroad right-of-way: Hazards to Air Navigation: Not Applicable❑ Is Structure within airport approach area? Is their review completed? or Consent to Build enclosed❑ Yes El or No❑ Yes❑ No ❑ SECTIONS:CONTENT OF CERTIFIC.4'I-E OF OCCUPAWCY - Edition of Code: Use Group(s):_, rype of Construction:- Occopant Load per Floor._ _ Does the building contain an Sprinkler System?: Special Slipulations: �1 to l L- ZED 3 L -0 SECTION 9: PROPERTY OWNER AUTHORIZATION Nano and Address of Property Owner� f(��,�, ^3'L De. \x , S0L, /Cl � In�,yoSfo -- of o': Name(Print) ?j;,; i Nd.'and'Stiuet City/Town Zip 't Property Owner Contact Information-. / r Title Telephone No.(business) Telephone No. (cell) e-mail address If applicable,the property owner hereby authorizes Name Street Address City/Town State Zip to act on the property owner's behalf, in all matters relative to work authorized by this building permit application, SECTION 10:CONSTRUCTION CONTROL(Please fill out Appendix 2) If building is less than 35,000 cu.ft.of enclosed space and/or not under Construction Control then check here O and skip Section 10.1 10.1 Registered Professional Responsible for Construction Control Name(Registrant) Telephone No. a-mail address Registration Number Street Address City/Town State Zip Discipline Expiration Date 10.2 General Contractor Da,e Company Na Name of Person Responsibl orAeConstruction (;� License No. and Type if Applicable '70 ()(- ,.� � S� A-', ? t--,.D S - ,qj— O d Street AddressCity/Towne StateD Zip !T' •-�'-l� —— d Aire. ��0.UP Y®�®t: C J `^ Telephone No. business Telephone No. cell a-mail address SECTION 11:WORKERS'COMVENSAI ION INSURAN(T AI;FIIMVPI' M.G.L.c.152.§25C 6 A Workers'Compensation Insurance Affidavit from the MA Department of Industrial Accidents must be completed and submitted with-this application. Failure to provide this affidavit will result in the denial of the issuance of the building permit. Is a signed Affidavit submitted with this application? Yes 0 No O SECTION 12:CONSTRUCTION COSTS AND PERMIT FEE Item Estimated Costs:(Labor and Materials) 'total Construction Cost(from Item 6)_$ L Building $ w Building Permit Fee=Total Construction Cost x_(Insert here 2.Electrical $ / 2 O d J appropriate municipal factor)=5 3. Plumbing S 2 00 O d. Mechanical (HVAC) $ CCU O Note:Nlininuun fee=$ (co tac I tapality) S. Mechanical Other $ Enclose check payable to 9 1- emlj 6.Total Cost $ O d U (contact municipality)and write check number here SECTION 13:SIGNATURE OF BUILDING PERMIT APPLICANT By entering my name below, I hereby attest under the pains and penalties of perjury that all of the information contained in this application is true and accurate to rst- n ledge and understanding. , ('�> 0 7s7K_0 FG yr f Please print and sign name Title Telephone No. Date D Street Address City/Town State Zip Municipal Inspector to fill out this section upon application approval: U 144IPU W Name Date QTY OF SALEM, MASSAa iBE M BUILDING DEPARTMENT 120 WASFi[NGTONSTREET,310FLooR TEL(978)745-9595 KBOERLEYDRISOML FAX(978)740.9846 MAYOR THOMAS ST.PIERRE DIRECTOR OF PUBUCPROPERTY/BUII.DING pp 1WSSIONER Construction Debris Disposal Affidavit (required for all demolition and renovation work) In accordance with the sixth edition of the State Building Code, 780 CMR, Section 111.5 Debris, and the provisions of MGL c40, S 54; Building Permit t/ is with the condition that the debris resulting from this work shall be disposed of in a properly licensed waste deposit facility as defined by MGL c 111, S 150A. The debris will be transported by: (name of hauler) The debris will be disposed of in: (name of facility) (address of facility) Signature of applicant 3 /s— Date i The Commonwealth of Massachusetts Department oflndustrial Accidents l Wrkers' 1 Congress Street, Suite I00 Boston,MA 02114-2017 www.mass.govldia Compensation Insurance Affidavit:Builders/Contractors/Electricians/Plumbers. TO BE FILED WITH THE PERMITTING AUTHORITY. Applicant Information Please Print Le ibl Name (Business/Organizadon/Individual): (p✓ r 7 �� Address: City/State/Zip: tom. S coe— 6( d�- Phone#: tp(—3 Are you an employer?Check the appropriate box: Type of project(required): I.❑I am a employer with employees(full and/or part-time).* 7. ❑New construction 2.❑I am a sole proprietor or partnership and have no employees working for me in $..Remodeling any capacity.[No workers'comp.insurance required.] 3.❑I am a homeowner doing all work myself.[No workers'comp.insurance required.]r 9. ®Demolition 4.❑I am a homeowner and will be hiring contractors to conduct all work on my property. I will 10 ❑Building addition ensure that all contractors either have workers'compensation insurance or are sole 11.❑Electrical repairs or additions proprietors with no employees. 12.❑Plumbing repairs or additions 5�I am a general contractor and I have hired the sub-contractors listed on the attached sheet ]3. Roof repairs These sub-contractors have employees and have workers'comp.msurance.< 6.❑We are a corporation and its officers have exercised their right of exemption per MGL c. 14.❑Other 152,§1(4),and we have no employees.[No workers'comp.insurance required.] *Any applicant that checks box#1 must also fill out the section below showing their workers'compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. tContractors that check this box must attached an additional sheet showing the name of the sub-contractors and state whether or not those entities have employees. If the sub-contractors have employees,they must provide their workers'comp.policy number. I am an employer that is providing workers'compensation insurance for nay employees. Below is the policy and job site information. Insurance Company Name: (4161lt�'(J Jry bo Policy#or Self-ins.Lic.#: Expiration Date: Job Site Address: 33 z) City/State/Zip: SX o Attach a copy of the workers'compensation policy declaration page(showing the policy number and expiration date). Failure to secure coverage as required under MGL c. 152, §25A is a criminal violation punishable by a fine up to$1,500.00 and/or one-year imprisonment,as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to$250.00 a day against the violator.A copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance . coverage verification. I do hereby certi der th ains and penalties oi(perjury that the information provided above is true and correct. Si ature: Date: Phone#: Official use only. Do not write in this area,to he completed by city or town official City or Town: Permit/License# Issuing Authority(circle one): 1.Board of Health 2.Building Department 3.City/Town Clerk 4.Electrical Inspector 5.Plumbing Inspector 6. Other Contact Person: Phone#: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute,an employee is defined as"...every person in the service of another under any contract of hire, express or implied,oral or written." An employer is defined as"an individual,partnership,association,corporation or other legal entity,or any two or more of the foregoing engaged in ajoint enterprise,and including the legal representatives of a deceased employer,or the receiver or trustee of an individual,partnership,association or other legal entity,employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein,or the occupant of the dwelling house of another who employs persons to do maintenance,construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6)also states that"every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally,MGL chapter 152,§25C(7)states"Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers'compensation affidavit completely,by checking the boxes that apply to your situation and,if necessary, supply sub-contractor(s)name(s),address(es)and phone number(s)along with their certificate(s)of insurance. Limited Liability Companies(LLC)or Limited Liability Partnerships(LLP)with no employees other than the members or partners,are not required to carry workers' compensation insurance. If an LLC or LLP does have employees,a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested,not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy,please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition,an applicant that must submit multiple permitflicense applications in any given year,need only submit one affidavit indicating current policy information(if necessary)and under"Job Site Address"the applicant should write"all locations in (city or town)."A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year.Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e.a dog license or permit to bum leaves etc.)said person is NOT required to complete this affidavit. The Department's address,telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents 1 Congress Street, Suite 100 Boston, MA 02114-2017 Tel. # 617-727-4900 ext. 7406 or 1-877-MASSAFE Fax#617-727-7749 Revised 02-23-15 www.mass.gov/dia .4Co d ' CERTIFICATE OF LIABILITY INSURANCE 3/2/015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CkRTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE MOLDER. HMPORTANT: If the caMlBcate holder Is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the polity,certain Policies may require an endorsement. A stabment on this certificate does not confer rights to the certificate holder M Neu of such endorsemem(s). PRODUCER CONTACT Ambrose Insurance Agency, Inc. PHo11a . 781-592-8200 Xm 781-595-5820 56 Central Ave. AODREss: Lynn, MA 01901 INWRFRIeI ArieadNa wveaAoe Niter INSURER A:Western World INSURED Rogers, Robert INSURER B: RFR Development, Inc. INSURER C: 26 Wilduood Rd. INSURER D: Danvers, NA 01923 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LYRR TYPE OF INSURANCEADDL POLICY NUMBER LIMITS GENERAL LIABILITY EACH OCCURRENCE a 1 O0O 000 X COMMERCIAL GENERAL LIABILITY PREMISES iEs XXgrrerxe a 10,()00 CLAIMS-MADE FX7OCCUR MEDEXP( ooa ) a 51000 A NPP8237643 1/30/151/30/li PERSONAL aADVINJURY a 1,000,000 GENERAL AGGREGATE a 2,000,000 GEML AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG a incl POLICY JFCT PRO LOC a AUTOMOBILE LIABILITY amdam ANYAUTO BODILY INJURY(Per person) a ALLOWNED SCHEDULED BODILY WURY(PS,atdduiD a AUTOS AUTONON-OWNED HIRED AUTOS AUTOS pe,W'ds d a a UMBRELLA UAB OCCUR EACH OCCURRENCE a EXCESS LIA6 CLAIMS.MpDE AGGREGATE a DED I I RETENTIONa I a WORKERS COMPENSATION ER AND EMPLOYERS'LIABILITY ON ANY PRONaETorUPAmNERE%ECUIrvE Y❑ NIA E.L.EACH ACCIDENT a orFlf:DlMEL®ER EXCLUDED? 01-adm a NKI El-DISEASE-EA EMPLOYE S Nyaa daaulSeuMx DESCRIPTION OF OPERATIONS IxION E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Alterh ACCORD 101.Addilimel Remarks SchadUe,a mma aPapa Is required) Carpentry CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Salem THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn. : Building Dept. ACCORDANCE WITH THE POLICY PROVISIONS. City Hall Salem, MA 01970 AUTHOR ZED sEtyor 0198td8-2`010ACORD CORPORATION. All rights reserved. ACORD25(2010I05) The ACORD name and logo are registered marks of ACCORD