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4 BLANEY STREET - C/O'S 4 BLANEY STREET , Certificate No: 737-06 Building Permit No.: 737-06 Commonwealth'of Mar,sachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the - CONDOMINIUM located at Dwelling Type - 0004 BLANEY STREET in the CITY OF SALEM Address Town/C ity Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY ' COMPLETE BUILDING RENOVATIONS FOR 5 UNITS UNIT#1 This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date Issued On: Thu Oct 26, 2006 -------------- — — -------------- --- -----.------- ------ GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. -----------------------------------------------------------------------------` . -.__-----_-__._--_-_-___---__-..._-------------------------_..-. J W p1YRIS� C1V1'� Certificate No: 737-06 Building Permit No.: 737-06 Commonwealth,of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the CONDOMINIUM located at Dwelling Type 0004 BLANEY STREET in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY COMPLETE BUILDING RENOVATIONS FOR 5 UNITS UNIT#2 This permit is granted in conformity with the Statutes and ordinances relating thereto, and expires unless sooner suspended or revoked. Expiration Date ------------------------- Issued On: Thu Oct 26,2006 --------- — ._— _.. 7-7 GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. ---------- --------- -------------------------------------------------------- ` W s p1Y{fls� 1 Certificate No: 737-06 Building Permit No.: 737-06 Commonwealth of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the CONDOMINIUM located at Dwelling Type 0004 BLANEY STREET in the CITY OF SALEM ----------------- - - - .......... Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY COMPLETE BUILDING RENOVATIONS FOR 5 UNITS UNIT#3 This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires -- - _-- -----------------_- ---__----_ unless sooner suspended or revoked. Expiration Date --------------------- Issued On: Thu Oct 26,2006 GeoTMS82006 Des Lauriers Municipal Solutions,Inc. ------------------------------------------------------------------------------- ���1Q �. ' W s �• II �� prit�15� � - �� CIV1'� Certificate No: 737-06 Building Permit No.: 737-06 Commonwealth'of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the CONDOMINIUM located at J Dwelling Type 0004 BLANEY STREET in the CITY OF SALEM Address Town/City Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY COMPLETE BUILDING RENOVATIONS FOR 5 UNITS UNIT#4 This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires -- - - ----------------- unless sooner suspended or revoked. Expiration Date Issued On:Thu Oct 26,2006 GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. --- """""""-"-""--------------"""" F > � - W V 1 � ��� onaa` ��5 CIVI'� Certificate No: 737-06 Building Permit No.: 737-06 Commonwealth-of Massachusetts City of Salem Building Electrical Mechanical Permits This is to Certify that the CONDOMINIUM located at Dwelling Type 0004 BLANEY STREET in the CITY OF SALEM Address - TowrVCily Name IS HEREBY GRANTED A PERMANENT CERTIFICATE OF OCCUPANCY COMPLETE BUILDING RENOVATIONS FOR 5 UNITS UNIT#5 This permit is granted in conformity with the Statutes and ordinances relating thereto,and expires - - -- - - ---------_--_----_ unless sooner suspended or revoked. Expiration Date Issued On: Thu Oct 26,2006 --------------),--- - - -- -- - -- -------V------------- -- -- - GeoTMS®2006 Des Leaders Municipal Solutions,Inc. ------------------------------------- '9��1Q• W i rr '' I V� I , e� ptY{i1S� �� ��CN1T 0 `S y 0004 BLANEY STREET 737-.06,', z Gas#: 10788 Map: ;•. 411COMMONWEALTH'OF MASSACHUSETTS � , Block: c �„ CITY OF SALEM Lot 0278 Category: CONDO FIT UP r •' ` � p Permit# 737-06 , { - BUILDING. PERMIT - • . Project# JS-2006-1488 Est Cost: . ' ' $240,000.00 Fee Charged: $2,405.00 Balance Due: $.00 PERMISSION IS HEREBY GRANTED TO: Const.Class: Contractor: r •" SLicenset Use Group: W State Street Builders ;` General Contractor, Salein#109 Lot Size(sq.ft.). 1. Zoning: jOwner: PALARDYGAR Y••SPPiyCERbANIEL i UnitsGained:. Applicant: PALARDSs=GARY;�SPENCERDANIEL Units Lost: -=AT: 0004 BLANEY STREET, -. 1• -.t LDig Safe#: ISSUED ON. 13-Mar-2006 AMENDED ON. i EXPIRES ON: 07-Apr-2006 yy77 TO PERFORM THE FOLLOWING WORK: • `' -''• J COMPLETE BUILDING RENOVATIONS FOR 5 UNITS T.J.S. POST THIS CARD SO IT IS VISIBLE FROM THE STREET Electric " , Gas Plurti'bfww — Building , - -:Underground: - .tUnder-round: Underground Excavation: _ _•_-. _ Service: " a� Meter: �� /J 5 /1 Footings: Rough: Rougt'�C S��y`G ti`°l�•'•� Roughyl�j t�- {�,../y�/ Foundation: - - Final l� �(p FinalO fj to—a-4 n FinaliiN�v(`,�V�._f!���!fJ 1.o .Rough Frames ' � FireplacdChin D.P.W. Fire . Health O w / tlyFinal: jly/.G- Meter^{ m Oil:' Insulation / Sd House# Smoke: _ 4 OLi Treasury:V." Water: Alarm: Sewer: Sprinklers: qH' r5 �— THIS PERMIT MAYBE REVOKED BY THE CITY OF SALEM UP VIOLATION OF ANY OF ITS- — RULES AND REGULATIONS. ". Sip Fee Type:: Receipt No: Date Paid: Check No: Amount: t-611•DIN07-Mar-06 154 $2,405.00 - - GeoTMS®2006 Des Lauriers Municipal Solutions,Inc. 1`/ A CIO • - CON T � " VSCVE AO CITY OF SALEM • a BUILDING• PERMIT. . MA Ctu of ttlpm, Httssttrljus�#t ;; OFFICE 1;99 PiuV 30 A ;0. 25 DECISION ON THE PETITION OF HAWTHORNE COVE MARINA INC, et al, REQUESTING AN ADIMISTRATIVE RULING FOR THE PROPERTY LOCATED AT 4 BLANEY STREET I A hearing on this petition was held on-November 17,1999 with the following Board Members present: Nina Cohen, Chariman, Richard Dionne, Stephen Harris, Stephen Buczko and Ronald Harrison. Notice of the hearing was sent to abutters and others and notices of the hearing were published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner are requesting an Administrative Ruling that the Board rescind the decision of the Salem Zoning Officer to issue a certificate of Zoning Compliance in connection with an application of a Waterways License for the structures located at 4 Blaney Street I. After hearing the evidence the Board of Appeal makes the following findings of fact: 1. Petitioners, represented by Attorney George W. Atkins III, Esq. are abutters and neighbors of the property at 4 Blaney Street in an Industrial Zone that is owned by Goldeneye Corp. 2. Petitioners sought relief under Section 9-3 (d) of the Salem Zoning Ordinance, requesting that the Board rescind the decision of Peter Strout, the Building Inspector, to issue a Certificate of Zoning Compliance, stating that the Goldeneye application and plans are not in violation of local zoning ordinances. Petitioners further seek to prohibit issuance of a Building Permit or Certificate of Occupancy for any building or use at the Blaney Street property (the "site") as described in the Goldeneye application and plans. 3. Goldeneye is represented by Joseph C. Correnti, Esq. in connection with its application to this Board and also its application to the Massachusetts Department of Environmental Protection ("DEP")for a Waterways License for the site. 4. Goldeneye initially applied on August 18, 1999 for a Special Permit/Variance for marine related and water dependent uses for the site. At its initial presentation and at the subsequent site visit and subsequent meetings with the Board, Goldeneye described in general terms some of the intended uses for the site. These included a marina and pier, walkway, barge, gangways and terminal building, with parking for DECISION OF THE PETITION OF HAWTHORNE COVE MARINA REQUESTING AN ADMINISTRATIVE RULING FOR THE PROPERTY LOCATED AT 4 BLANEY STREET page two 200 + cars. Goldeneye also submitted a "Vicinity Map" and plan entitled " Parking Lot Layout Plan" prepared by Bourne Engineering of Franklin, Ma. 5. Goldeneye's proposed plan was deemed not to be in compliance with existing zoning regulations affecting the industrial district. The Board asked for further information regarding the types of businesses that might operate on the site, but were not provide any further information by Goldeneye. 6. On October 20, 1999, Goldeneye requested leave to withdraw the petition on the grounds that the Board lacked authority to regulate uses of structures beyond the mean low water l9vel. 7. Goldeneye's request to withdraw the petition was denied, and the Zoning Board voted 5-0 to deny the requested relief. Therefore, based on the fact and on evidence presented, Nina Cohen made a motion and was seconded that the Zoning Board of Appeal voted unanimously, 5-0 to grant the petitioners request for an Administrative Ruling. Nina Cohen, Chairman Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, if any, shall be made pursuant to Section 17 of the Massachusetts General Laws, Chapter 40A, and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to Massachusetts General Laws Chapter 40A, Section 11. The Variance or Special Permit granted herein shall not take effect until a copy of the decision bearing the certificate of the City Clerk that 20 days have elapsed and no appeal has been filed, or that, if such appeal has been filed, that it has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. ' FST Tity of `ialrm, 'Massarliuiefi S OFFICE A Pottra of Appeal MON OCT 21 P 2: 55 DECISION ON THE PETITION OF GOLDENEYE CORP. REQUESTING A SPECIAL PERMIT/VARIANCE FOR THE PROPERTY LOCATED AT 4 BLANEY STREET I A hearing on this petition was held on September 15, 1999 and continued to October 20, 1999 with the following Board Members present: Nina Cohen, Chairman, Richard Dionne, Michael Ward, Stephen Buczko and Stephen Harris. 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. Petitioner is requesting a Special Permit/Variance to allow Marine related and water dependent uses for the property located at 4 Blaney Street. 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 8-6 and 9-4, grant Special Permits for alterations and reconstruction of nonconforming structures, and for changes, enlargement, extension or expansion of nonconforming lots, land structures, and used, provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental 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 Variance which has been requested may be granted upon a finding of the Board that: a. Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting the lands, buildings or structures in the same district. b. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. c. Desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. DECISION ON THE PETITION OF GOLDENEYE CORP REQUESTING A SPECIAL PERMIT/VARIANCE FOR THE PROPERTY LOCATED AT4 BLANEY STREET I page two The Board of Appeal, after careful consideration of the evidence presented at the hearing and after reviewing the plans, makes the following findings of fact: 1. Petitioner, represented by Joseph C. Correnti Esq. of Serafini, Serafini, Darling & and Correnti LLP, sought a special permit/variance for marine related and water dependant uses for the property located at 4 Blaney Street. The petition, which was originally heard at the Board August 18, 1999, was continued at the petitioners request, to allow a site visit to take place on September 1,1999. 2. Petitioner in its initial presentation to the Board listed some of the intended uses for which the zoning variance was sought. The uses listed were: "construction and installation of a pier, walkway, barge, gangways, terminal building and parking area of 200 +/- cars. "Petitioner also submitted two drawings in support of the proposed plan, labeled "Vicinity Map" and " Parking Lot Layout Plan`', by Bourne Consulting Engineering of Franklin, Ma." 3. In its oral presentation, petitioner indicated that detailed information regarding the prospective use and its impact on the traffic in the surrounding residential neighborhood would be presented to the neighbors at public hearings that would take place as part of a "c.91 license application process". Goldeneye stated that Massachusetts coastal regulations required them to obtain a license under c.91 for the proposed uses of the waterfront property, and that the licensing process mandated by the state regulation guaranteed that local concerns would be heard, and questions answered. For this reason, petitioner asked to defer all questions regarding the intensity of the pier-borne uses, such as the number and type of boats to be run from the proposed pier until a more complete presentation could be make. 4. Subsequent to the initial hearing and site visit, petitioner changed its mind about the zoning application, and took the position that no zoning relief would be necessary since the proposed uses fall outside the jurisdiction of the City of Salem and its zoning ordinance. Goldeneye's position seemed to be that landside uses were accessory to the offshore uses. 5. Upon information and belief, petitioner's license application under c.91 was granted on or about September 28, 1999, with no further public hearings or presentations on the issues of traffic impact or intensity of use. 6. Petitioner's request to withdraw the initial petition was denied by unanimous vote of the Zoning Board on October 20, 1999, and the initial petition, requesting a variance/special permit for"marine dependent and water related usesP' remained before this Board for approval. DECISION OF THE PETITION OF GOLDENEYE CORP REQUESTING A VARIANCE/ SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 4 BLANEY STREET I page three 7. The Board heard comments of neighbors regarding the burden that heavy bus and car traffic would impose on the residential owners on and around Derby Street, and several requests for additional information regarding the number and type of boats and boat trips. Neighbors also requested additional information about public access to the site, lighting, other activities or uses on the site in addition to the loading of boats, and whether boat trips would include gambling or gaming boats. 8. The petitioners did not undertake to answer the concerns of the neighborhood at this hearing. --. On the basis of the atsove fibdiRgs of fact, and on the evidence presented, the Board Of Appeal concludes as follows: 1. Special conditions do not exist which especially affect the subject property and not the district in general. 2. Literal enforcement of the provisions of the Zoning Ordinance would not involve substantial hardship to the petitioner. 3. The Special Permit requested cannot be granted without substantial detriment to the public good or without nullifying and substantially derogating from the intent of the district or the purpose of the ordinance. 4. The granting of the Special Permit requested will not be in harmony with the neighborhood and will not promote the public health, safety, convenience and welfare of the City's inhabitants. Therefore, the Zoning Board of Appeal voted unanimously 0 in favor and 5 in opposition to the motion to grant the relief requested. Having failed to garner the four affirmative votes required to pass, the motion to grant fails and the petition for a Special Permit and Variance is denied. Variance & Special Permit Denied October 20, 1999 Nina Cohen, Chairman Board of Appeal DECISION OF THE PETITION OF GOLDENEYE CORP REQUESTING A VARIANCE/SPECIAL PERMIT FOR THE PROPERTY LOCATED AT 4 BLANEY STREET [ page four A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Appeal from this decision, is any shall be made pursuant to Section 17 of MGL Chapter 40A and shall be filed within 20 days after the date of filing of this decision in the office of the City Clerk. Pursuant to MGL Chapter 40A, Section 11, the variance or Special Permit grated herein shall not take effect until a copy of the decision, bearing the certifican of the City Clerk that 20 days have elapsed and no appeal has been fired, or that, if such appeal have been filed, that is has been dismissed or denied is recorded in the South Essex Registry of Deeds and indexed under the name of the owner of record or is recorded and noted on the owner's Certificate of Title. C� CITY OF SALEM, MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR SALEM, MASSACHUSETTS 01970 STANLEY J. USOVICZ, JR. TELEPHONE: 978-745-9595 EXT. 380 MAYOR FAX: 978-740-9846 June 15, 2005 To Whom it May Concern RE: 4 Blaney Street According to our records, it has been determined that the building located at 4 Blaney Street is a legal grandfathered non -conforming 4 family dwelling. This is to determine use only and in no way is meant to confirm or deny whether said property is in compliance with all building, plumbing, gas, electric, fire or health codes Sinc Thomas St. Pierre Zoning Enforcement Officer R tf CITY OF SALEM - MASSACHUSETTS ROBERTA.LEDOUX Legal Department JOHN D. KEENAN City Solicitor 93 Washington Street Assistant City Solicitor 508-741-2111 Salem, Massachusetts 01970 508-745-7710 February 18, 1997 William F. Delaney, Esq. 27 Congress Street Salem, Massachusetts 01970 C on 1 h k & 4 Blaney Street, Salem, MA Dear Bi . The complaint pending arraignment on March 17, 1997 on the above captioned property has been brought to my attention. I have reviewed the matters with both Inspector Tremblay and Assistant Inspector Jennings. The application for the building permit was somewhat misleading in that it appeared that proposed uses after alterations was."dwelling" on first second and third floors - three in total. Upon further inspection, however, the permit refers to alterations "as per plans" which lays out the five dwellings. In light of the above and Mass. Gen L. ch 40A, § 7 (six year statute on property improved in accordance with original permit), my inclination is to withdraw this complaint. I have also been informed that Mr. Mackey has made the necessary repairs requested by Inspector Tremblay. Please contact me at your convenience to discuss this matter. Very best regards, J D. Keenan r _ JDK/ds cc. ' -Leo Tremblay,Building Inspector j- t a, 3 CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(508)741-1800 Fax:(508)740-9705 November 20, 1995 Daniel J. Mackey Tr. P.O. Box 366 Salem, Ma: 01970 Dear Mr. Mackey : In accordance with Chapter III, Sections 127A and 1276 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, a reinspection was conducted of the property located at 4 Blaney Street Apt#1 occupied by Alphie Desjardins conducted by Mark Tolman, Sanitarian on Monday, November 20, 19917 at 10:00 A.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this Order. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of lhis;Drder. 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 maybe 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 he Board of Health : Reply to: nne Scott Mark Tolman Health Agent Sanitarian cc:Tenant, Building Inspector & Fire Prevention Certified Mail #Z 369 689 832 JS/sjk o wh violet Page 1 of SALEM HEALTH DEPARTMENT 9 North Street Salem, MA 01970 State Sanitary Code, Chapter It: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: aL.P1Y1G Phone: nn Address: �/ t/ la' P�✓ v r Apt. Floor i Owner. DR Allt7_ v. A 0re.B t/ T7i Address: (d A'� ,10 X .34 6 A Fes, AV- 0(970 Inspection Date: A-rn Conducted By: /%l. ![/YiA-N Accompanied By: r,A/adQT" Anticipated Reinspection Date:;7k'Q_L (//011m?Al2 /T 6,6'_ �DPA'tt T> ;P.2ra2 /-VJtc:E�i 45M '!) /195 ��iU�Oi/v� ✓JisTXieT ���T C�dm�Ltt/nrT Specified Reg # Violation Time 410. . . r m /' 10112&_ NS 17 cS OYJ 7 /✓ < < c .✓ o- ILa'),7 P SSS W P 4m rko7� /a r A,o < -74Z r7 94-2 /�✓ . 6 — A177V43,r Cl7- tam io la. S� One or more of the above violations may endanger or materially impair T the health, safety and well-being or the occupants(s). ee' N SIS •Eta, d/G,O/, F Code Enforcement Inspector Este es un documento legal importante. Puede que afecte sus derechos. Puede adquiriruna traduccion de esta forma. APPENDIX II(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 Withholdinc(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 to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in, yourrent. 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 rentinto 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. Ren it and Dedu i(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 bealth,safety,or welt-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 theilix made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four mouths'rent in;any, year to make the repairs. 3. Retaliatory Rent Increases or Bvictions Prohibited(Massachusetts General Laws,Chapter 186, section 18,and Chapter 239,; section 2A):The owner may not increase your rent orevict 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-I ):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.-I Jnfitilind D=ptive Practices(Massachusetts General Laws,Chapter 93A):Renting an apartment with code violations is a violation of the consumer protection act and regulations,for which you may sue an owner. The information presented above is only a summary of the law.Before you decide to withhold your rent or take any other legal action,it is advisable that you consult an attorney.If you cannot afford to consult an attorney,you should contact the nearest legal services office, which is: Neighborhood Legal Services 37 Friend St. Lynn, MA 01902 (617) 599-7730 y I I �. " I ± i '� ,li _ _ __ _� LA W OFFICE OF WILLIAM F. DELANEY 27 CONGRESS STREET. SALEM,MASSACHUSETTS 01970 (508) 745-7177, WILLIAM F. DELANEY -" " � -'' 'BEVERLY (508)921-2255 'FAMMILE (508)741-2368 July 10, 1996 Mr. Leo Tremblay Inspector of Buildings City of Salem One Salem Green Salem, MA 01970 RE: 4 Blaney Street, Salem, MA 01970 Dear Mr. Tremblay: I am writing to follow-up on my recent meeting with you at your office concerning the above referenced property. Upon review of the City Zoning Map, you were able to confirm for me that the property is located within a B-1 Zoning District. As such, there is no need for me to petition the Z.B.A. for a use variance as multi-family dwelling use is permitted by right within the zoning district. As per our conversation, I need to determine compliance with applicable dimensional and parking requirements within the zoning district. To that end I have requested that my client provide me with a plot plan showing the lot, building, parking and dimensional setbacks. If the plan shows that we are deficient in any areas, I will promptly file an application for dimensional variance. If the plan reveals that we comply with the regulations, I will provide you with a copy of the plan and file whatever applications are necessary to obtain occupancy permits from your office. I will be away from my office for the next two(2) weeks and anticipate submitting this information to your office at the end of July. If you have any continuing concerns in the meantime, please contact me directly. truly yours, William F. Delaney, Es . WFD/sce Enclosure cc: Joanne Scott, Health Agent APPLICATION ] ADULT NUMBER Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE District Court Department !! ❑ ARREST HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Salem District Court named defendant, charging said defendant with the offense(s)listed below. 65 Washington Street DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE g 10/10/96 5/17/96 4 Blaney Street Salem. MA. 01970 NAME OF COMPLAINANT City of Salem Building Department NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT r City of Salem Zoning v One Salem Green t Ordinance ; Illegal Apartment Salem, Mass. 01970 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT 3. 58 Broadway _ -----. --- Salem, Mass. 01970 a. COURT USE I A hearing upon this complaint application fj IDATEOFHEARING TIMEOF HEARING COURT USE ONLY will be held at the above court address on ,r ,, t, 1-) 1/ AT *—ONLY CASE PARTICULARS — BE SPECIFIC w NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what - Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 1 2 3 4 OTHER REMARKS: Failure to respond to correspondence Room City of Salem Building Department X SIGNATURE OF COMqtfAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if kn DATE OF BIRTH PLACEOFBIRTH SOCIAL SECURITY NUMBER SEX RACE I WEIGHT EYES HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME n O 3 5 z D 2 1 N O O .D -t DC-CR2(3188) v OF r RONAN, SEGAL & HARRINGTON`' C ERK'S�OFFICE A Anom+EYSA7we RFFY44wE FEDERAL SiREEr JAMES t RONAN(1922.1987) SALEM.MASSACHUSEr18 01970-8470 JAMS.SEGAL MAW PIEMONIE HANR[NGTON ca7e1744a�so Ig9i9 OCT 21 P I: 56 GEORGE W.A1gN5 m FAX C9M 74&740 OFC FUND. OLWEL HEATHER S,RAMSEY October 21, 1999 City of Salem City of Salem Zoning Board of Appeals Peter Strout One Salem Green One Salem Green Salem, MA 01970 Salem, MA 01970 Re: 4 Blaney Street, Salem, MA Members of the Board and Mr. Strout: Enclosed is a Notice of Appeal of a decision of the City of Salem Zoning Enforcement Officer reference the above-cited premises which is hereby filed in accordance with Massachusetts General Laws Chapter 40A, Sections 7, 8, and 15 and the Salem Zoning Ordinance Section 9-3(d)(1). HAWTHORNE COVE MARINA, INC. ET AL. By their attorneys, RONAN, SEG ARRINGTON rge W. Atkins, ftl BBO#: 023350 59 Federal Street Salem, MA 01970 (978) 744-0350 GWA:djz Enclosure cc: Goldeneye Corporation William Lundregan, Esquire NOTICE OF APPEAL TO THE CITY OF SALEM ZONING BOARD OF APPEALS Hawthorne Cove Marina, Inc. of 10 White Street, Salem, Massachusetts, and others listed on Exhibit A attached hereto (collectively, Petitioners) hereby give notice of appeal of a decision of the Zoning Enforcement Officer in accordance with Massachusetts General Laws Chapter 40A, Sections 7, 8, and 15 and the Salem Zoning Ordinance Section 9-3(d)(1). In connection with an application to the Massachusetts Department of Environmental Protection for a Waterways License on behalf of Goldeneye Corporation, 4 Blaney Street, Salem, Massachusetts, the Zoning Enforcement Officer issued a certificate dated September 21, 1999 stating that the applicant's application and plans are not in violation of local zoning ordinances. Petitioners hereby request the Salem Zoning Board of Appeals as follows: 1. To rescind the decision of the Zoning Enforcement Officer's certification to the Massachusetts Department of Environment Protection. 2. To prohibit issuance of a Building Permit or Certificate of Occupancy for any building or use at 4 Blaney Street as described in the application and plans submitted to the Massachusetts Department of Environmental Protection. As grounds therefore, Petitioners state as follows: 1. Use of the site for water dependent activity is prohibited in the Industrial Zoning District by Section 5-3 (h) (3) t. of the Zoning Ordinance which specifically prohibits all special permit uses including water dependent activities. 2. Use of the site for parking of 203 vehicles is a use of premises exceeding 10,000 square feet, which use requires a site plan special permit from the Salem Planning Board in accordance with Section 7-18 of the Zoning Ordinance. 3. Construction of a pier, walkway, barge, docks, and terminal building for commercial boat services requires a wetlands and flood hazard special permit from the Salem Planning Board in accordance with Section 7-16 of the Zoning Ordinance. 4. Use of the premises for a terminal building and a 203-vehicle parking lot does not constitute an accessory use on the same lot as its principal use and incidental and subordinate to the principal use as defined in Section 2-2 of the Zoning Ordinance. 5. Use of the premises for a terminal building and a 203-vehicle parking lot is not a use allowed by Section 5-2 (f) (10) of the Zoning Ordinance. 6. Even should the proposed terminal building be considered an accessory use, the proposed building does not comply with the dimensional provision of Section 7-8 of the Zoning Ordinance. 7. The plans are insufficient to determine whether the parking area complies with the provisions of Section 7-3 of the Zoning Ordinance as to the design of such parking area. f i i i 8. The proposed use of the premises is not in harmony with the.intent and purpose of the Zoning Ordinance as provided in Section 1-1 (a) and is detrimental to the abutting neighborhood and therefore does not comply with the Zoning Ordinance. October 21, 1999 HAWTHORNE COVE MARINA, INC. ET AL. By their attorneys, RONAN, SE & HARRINGTON By: ge W. Atkins, III BO#: 023350 59 Federal Street Salem, MA 01970 (978) 744-0350 EXHIBIT A 1. Alice M. Jordan 97 Derby Street, Salem, Massachusetts 2. Delores Jordan 97 Derby Street, Salem, Massachusetts 3. Stephen F. Hultgren 6 White Street, #5, Salem, Massachusetts 4. George L. Smith 6 White Street, #5, Salem, Massachusetts 5. Heidi Milman 109 Derby Street, Salem, Massachusetts 6. Jessica Arena 6 White Street, #2, Salem, Massachusetts 7. John Arena 6 White Street, #2, Salem, Massachusetts 8. Debbie Adair 96 Derby Street, Salem, Massachusetts 9. Russell T. Vickers Hawthorne Cove Marina, Inc. 10 White Street, Salem, Massachusetts 10. Sandy Martin 6 White Street, #5, Salem, Massachusetts 11. Carol Naranjo 6 White Street, #5, Salem, Massachusetts LAW OFFICE OF WILLIAM F. DELANEY 27 CONGRESS STREET SALEM, MASSACHUSETTS 0197.0. (508)745-7177", < BEVERLY (508)921.2255 WILLIAM F.DELANEY FACSIMILE (508)741.2368 February 6, 1997 Mr. Leo Tremblay City of Salem Building Department One Salem Green Salem, MA 01970 RE: T._Mackey,&_Sons E4 Blaney Street Salem MA 019'70 Dear Mr. Tremblay: As you are aware, I represent T. Mackey & Sons concerning the above referenced property. I am in receipt of a Notice of Complaint for violation of the City Zoning Ordinance concerning said property location. I understand that it is your position that there is an illegal apartment within the building and that you desire Mr. Mackey to make application to the Z.B.A. for variance or other approval. As I have stated in previous correspondence, the building is located in a B-1 zoning district which allows for multi-family dwelling use. As such, I do not understand why or upon what grounds you desire that I seek relief from the Z.B.A. If you would be kind enough to provide me with that information in writing, (please refer to specific action in zoning ordinance) I will be pleased to petition the Board on behalf of my client. Very truly yours, William F. Delaney, Esq. WFD/sce Enclosure cc: T. Mackey & Sons �m C�itg of I�ttlem. massar4usetts ( ' Public Properttl Department Nuilbing department (Ont Ealtm (6rttn 5UB-715-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 25 , 1996 T. Mackey & Sons 58 Broadway Salem, Mass . 01970 RE: 4Blaney Street Dear Mr. Mackey: Per your request the hearing date for the above mentioned property has been re-scheduled for December 4, 1996 at 12 : 00 p .m. in Salem Superior Court at Mr . Grant ' s office . If you have any questions concerning this matter, please do not hesitate to call . Sincerely, Leo E. Tremblay Inspector of Buildings LET: scm cc: William F. Delaney 27 Congress Street Salem, Mass . 01970 Litu ofttlem, ttssorusetts Public Propertg ilcpartment Nuilbing 1Depariment (One 0stem (5reen 500-7,15-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer May 17 , 1996 T. Mackey & Son 58 Broadway Salem, Mass . 01970 RE : 4 Blaney Street Dear Mr. Mackey: On October 13 , 1995 this office sent you a letter regarding the above mentioned property. The letter listed 8 violations that need to be attended to. You have performed some repairs concerning the listed violations , but have yet to complete them. I have inspected said property and the following is an updated list . #1 . Repairs to exterior rear wall at first floor apartment must be completed. #2 . Second floor deck at side of structure is pitching into the structure, repairs must be made to deck so it pitches in the proper direction . #3 . Chimney of roof top must be repaired properly. #4 . Door to bulkhead in basement must be repaired . #5 . Hand rails need to be installed in stairwell . #6 . Light fixtures in stairwell no globe wires hanging. #7 . Porch exterior lights missing globes . #8 . The legal use of this structure according to our records is as a two ( 2 ) family dwelling. We have five ( 5 ) units at this location at present . Please file proper application forms with the City of Salem Board of Appeals in order to legalize said units ,or revert the structure to its legal status . If proper paper work has not been filed to this office to appear at the City of Salem Board of Appeals within five ( 5 ) days , I will file legal action in Salem District Court against you. If work is not resumed on existing violations within fifteen ( 15 ) days I will also file legal action against you at the Salem District Court . Sincerely, Leo c��im �i Leo E . Trembla Inspector of Bu ldings LET: sem cc: Alphee Desjartiins 4 Blaney Street David Shea Jane Guy Virginia Moustakis , Health Department Councillor Paskowksi , Ward 1 1 LAW OFFICE OF WILLIAM F. DELANEY ~ 27 CONGRESS STREET SALEM, MASSACHUSETTS 01970 (508) 745.7177 WILLIAM F. DELANEY BEVERLY (508)921-2255 FACSIMILE (508)741.2368 July 10, 1996 Mr. Leo Tremblay Inspector of Buildings City of Salem One Salem Green Salem, MA 01970 RE: 4 Blaney Street, Salem, MA 01970 Dear Mr. Tremblay: I am writing to follow-up on my recent meeting with you at your office concerning the above referenced property. Upon review of the City Zoning Map, you were able to confirm for me that the property is located within a B-1 Zoning District. As such, there is no need for me to petition the Z.B.A. for a use variance as multi-family dwelling use is permitted by right within the zoning district. As per our conversation, I need to determine compliance with applicable dimensional and parking requirements within the zoning district. To that end I have requested that my client provide me with a plot plan showing the lot, building, parking and dimensional setbacks. If the plan shows that we are deficient in any areas, I will promptly file an application for dimensional variance. If the plan reveals that we comply with the regulations, I will provide you with a copy of the plan and file whatever applications are necessary to obtain occupancy permits from your office. I will be away from my office for the next two(2) weeks and anticipate submitting this information to your office at the end of July. If you have any continuing concerns in the meantime, please contact me directly. yi5�y truly yours, William F. Delan WFD/sce Enclosure cc: Joanne Scott, Health Agent LAW OFFICE OF WILLIAM F. DELANEY 27 CONGRESS STREET SALEM, MASSACHUSETTS 01970 (508) 745-7177 WILLIAM F. DELANEY BEVERLY (508)921-2255 FACSIMILE (508)741-2368 June 10, 1996 Ms. Joanne Scott, Health Agent City of Salem Board of Health Nine North Street Salem, MA 01970 RE: 4 Blaney Street Salem, MA 01970 Dear Ms. Scott: I am writing to inform you that my client, Mr. Daniel Mackey, has elected to proceed with the permitting process to expand the number of apartments he may lawfully rent at 4 Blaney Street. I will file the necessary applications and forward copies of same to your attention later this week. In the meantime, as per our agreement, this will allow Mr. Mackey to continue to rent one (1) apartment on the 1st floor and two (2) apartments on the second floor of the building. I understand that you will need to inspect those apartments and we will cooperate in such process. In addition, rather than instituting eviction proceedings to remove the third floor tenant, it is my client's desire to construct a second means of access that complies with code and is acceptable to the building inspector. To that end, my client is contacting Mr. Tremblay today to obtain his input and necessary permitting. If we can satisfy the building inspector, I understand that you will also need to inspect this unit. If the process to expand the number of lawful apartments in successful, we will continue to rent the units. If it is unsuccessful we will have no choice but to evict several of the tenants. Page 2 RE: 4 Blaney Street June 10, 1996 Please contact me if you have any questions or further concerns. Ve truly yours, 11 William F. Delaney, Esq.CX-) WFD/sce Enclosure cc: Mr. Daniel Mackey, Jr. Mr. Leo Tremblay, Inspector of Buildings Ms. Virginia Moustakis, Senior Sanitarian S-/ -- - T�----a=°//o cv••�_9.._ .a l wee rxr-��_,_1�9�r�e(i�_�- tie.-- a/moo✓e _ �.o.�•���y __ ham . btoen iloae ke d by �/o- s/q n e�vias b efo a) / %h,.s residenee- Cvrvehf/y ✓enw3 -Lome z� /-5 IPga/ fro rlla~; ly . Th�� vn��5 will l e vacdLP� 4s Saar k� j�assi6/�-�' .4fforney /De%a.,_ey will beginp/ocodv/ios - -v Q/v So /�,rxPcl,a fP/y - -a. v„�1' 1 /%o, ��a�,� ham vG�a><Pd, Q 3-pcoilc( Aaah5 o+'� vPSS by of G� Scc�L 5►arl 6e, �mploy / rope ladle,, 1� �5 imp--evabUe -4,Q 0,114 1e- vaeufP� e,tcl cJ yy }i�ox occ ed . by, oCc ��i<� (�n / s )iavG lc v /a iters m75?e dio.9 and Lt */ cjo (�UtiQ F /S 71D YQCP/UG 4-4- cev/i4toa-1G• �_. . - . 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U 3 CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(508)741-1800 Fax:(508)740-9705 May 20, 1996 Daniel J. Mackey, Jr. P.O. Box 366 Salem, Ma. 01970 Dear Mr. Mackey : In accordance with Chapter III, Sections 127A and 127B of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter It: Minimum Standards of Fitness for Human Habitation, a reinspection was conducted of the property located at 4 Blaney Street Apt#1 occupied by Alphie Desjardins conducted by Virginia Moustakis, Senior Sanitarian on Thursday, May 16, 1996 at 10:00 A.M. . Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this Order. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said 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: Jdanne Scott Virginia Moustakis Health Agent Senior Sanitarian cc: Tenant, Building Inspector, Fire Prevention, Councillor Peter Paskowski Certified Mail P 316 592 195 JS/sjk o-wh violet r �y� SALEM HEALTH DEPARTMENT �r 9 North Street y9 Salem. MA 01970 State Sanitary Code, Chapter 11: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: Phone: Address: �i �GAw��/ St Apt. �_ Floor Owner. . 241v1&-2- V /4 ACA/ . ZX Address: /�'D gdx 36'g� �SAt�7rl, /�- oi97D Inspection Date: is /6-f 6 , Time A 06 A-m Conducted By: k1 Z6U.57-Qk/S Accompanied By: 7ZA4mr v L ,8tay, /rvsp rDR Anticipated Reinspection Date: Specified Reg # Violation Time 410. . . . r rr r 7716Q r1/✓ rN� ✓ o P /Sc(� CAietf6(-Tn I✓ 9'/w W �?P 3c�U 0 r )r of NO o� - a T 7-1) a� O ' U r u 4.r o N N 3 5-/ 2ZLZ: OF L u JOAI IT1,151 - p �, _ / One or more of the above violations may endanger or materially impair the health, safety and well-being or the occupants(s) C e Enforcem nt Inspector Este es un documenlo legal importanle- Puede que afecte sus derechos. Puede adquiriruna traduccion de esta forma. Page �G of SALEM HEALTH DEPARTMENT pafe: 5=fid—M 9 North Street Salem..MA 01970 Name: QLPh'7Z-- -zlL"Oer1vS Address: !/ /31—azPL,� �r Specified Reg tk Violation Time 410. . . . OCCwozaZ416L2 C i yqzz- � 0 A/ Al 7C1-Oi d ,t t : 7mrT xf g1v OL e o /n fET77R L &' S D P /S $% LYCP — m P / NS +W Sz3 P 1,5 N !L- /0 ,:2 - - U 1v N cv N P / SCC APPENDIX II(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 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. entB. 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. Ren it and Dedoct(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 nec&sary repairs(or to enter.into a written contract to have thedr 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 Prohibit (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:bave 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 it and D=fiye 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 f `°� �a Chi#� of �ttlem, ,�ittssttrl�usE##s Public Propertg Department Nuilbing Department (One #o1em (5reen 508-745-9595 Ext. 3911 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 13 , 1995 T. Mackey & Son Broadway Salem, Mass . 01970 RE: 4 Blaney Street Apartment #1 Dear Mr. Mackey: On November 12, 1995 , I received a complaint from Alphee Desjafdins concerning the above mentioned property. I conducted an inspection on said date and the following violations were found per Massachusetts State Building Code Section 104 . 1 of 780 CMR-Fifth Edition. #1 . Apartment #1 rear means of egress door must be repaired to operate properly. #2 . Interior and exterior wall must be replaced at either side of doorway (wall is rotted out ) . #3 . Second floor deck is pitched into structure causing water damage . #4 . Sill at underside of wall at doorway must be checked (all rotted) . #5 . Replace soffitt boards where required. #6 . Chimneys at roof top need re-pointing. #7 . Replace batteries or replace smoke detectors in in stairwell (not working) . #8 . The legal use of this structure of this structure according to our records is a two ( 2 ) family dwelling. We have five ( 5 ) units at this location at the present time. Please file proper papers to the City of Salem Board of Appeals to legalize said units, or revert the structure to its legal use. Please notify this department within fifteen ( 15 ) days upon receipt of this letter as to your course of action to rectify these violations . Failure to do so will result in legal action being taken against you . Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay inspector of Buildings LET: scm cc: Alphee Desjardins David Shea Councillor Ahmed, Ward 1 Certified Mail # P921 991 846 i / I ' ARTICLE �,. P 921 991 846 � I LINE 1 I T. Mackey & Sons NUMBER • } ' Broadway Salem, Mass. 01970 r a — — r " t FOLD AT PERFORATION It � � � WALZ . ^' f INSERT IN STANDARD#10 WINDOW ENVELOPE, II TI I IED z•a ! L I_ M A I L S NM PosTAGE - POSTMARK OR DATE o RETURN SHOW TO WHOM,DATE AND RESTRICTED ADDRESS OF DELIVERY DELIVERY W RECEIPT / �^�`� - 1 SERVICE CERTIFIED FEE+RETURN RECEIPT / _ W . .y TOTAL POSTAGE AND FEES =��, Z W S NO INSDRANCE COVE VIDEO- WW SENT TOI NOT FOR INTERNATIONAL MAIL LL� PEI RIF UNER Sinn OQ of O a R.s w. Er T. Mackey 5 Sous !RW Broadway wLL ' Salem. Maas. 02970 F° N= Er W Fg ' QW @ e ar .'PS FORM 3800 ,. z RECEIPT FOR CERTIFIED MAIL UNRED�S a. :Ea E d '. STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address of the article,leaving the receipt attached,and present the article at a post office service window or hand it to your rural carrier(no extra charge). . 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified-mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends 4 space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is requested,check the applicable blocks in item 1 of Form 3811. x 6. Save this receipt and present it if you make inquiry. SENDER: • Complete items 1 and/or 4 2 for additional services. a150 Wish t0 receive the • complete items a,and as a b. _ following services(for an extra fee): • Print your name and address on the reverse of this form so that vre can return this card tpv Attach 7. ❑ Addressee's Address • rite' this form to the front of the mailpiece,or b the back if space does not permit. • Write'Return Receipt Requested"on the mailpiece below the article numbed 2. ❑ Restricted Delivery • The Return Receipt Fee will provitle you the signature of the person delivered to and the date of delivery, Consult postmaster for fee. 3.Article Addressed to: 4a.Article Number P 921 991 846 T. "..Jc Luf i. S4 u' 41b.Service Type Mi N O 7.Date er-O ff 61 O 5.Signature—(Addressee) - B.Add ss 's ss (ONL if ul fe paid.) 6. ature—.(A t) PS Form ove er lggo DOMESTIC RETURN RECEIPT United States Postal Service Official Business M PENALTY FOR PRIVATE USE,$300 IIlr�rrrrllldrJr�rllLrIIf IfIIfIIli r116d6r111 INSPECTOR OF BUILDINGS ONE SALEM GREEN SALEM MA 01970-3724 CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(508)741-1800 October 13, 1995 Fax:(508)740-9705 Daniel J. Mackey Tr. P.O. Box 366 Salem, MA 10970 Dear Mr. Mackey: In accordance with Chapter III, Sections 127A and 1276 of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation, a inspection was conducted of the property located at 4 Blaney Street occupied by Alphie Desjardins conducted by Virginia Moustakis, Senior Sanatarian, on October 12, 1995, at 10:45 A.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this Order. Should you be aggrieved by this Order,you-have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said 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: tz�---/k-L—� anne Scott/ Virginia Moustakis Health Agent Senior Sanitarian cc: Tenant Fire Prevention Building Dept. City Councillor G. Ahmed Certified Mail #Z 369 689 773 JS/sjk ov vWel W�✓ 4 " I t \��� '�oA.� '. �` Page1of 2 _�` '41 SALEM HEALTH DEPARTMENT A y Y `' r, ., •Salem,hV1` 01970 'z. State Sanitary Code,Chapter-llCtIIR d10 000 r �t ar. s._ Minimum Standards`of Fdnassg; uman Habrtatan Occupant: ae PN-/E' DCE,7WD%A 5Phone: '74/4/- -d Address: Xid riFZ c�1 Apt. / Floor Owner. Pa_✓t / 4F- _ 67� /41 F><G/«r/ i/P Address: I?O 13i'X 3/', �tI /�fia O/ 9'7d Inspection Date: `me.T /D-5/5— Conducted 5/5Conducted By: z&s_ra/e/s Accompanied By: ZZ—R/2,42 T ~Anticipated Reinspection Date: Specified `;:Reg' "' Violation Time "410. :`. . A, n/ Conn/c it/ W-0 q a d rl. sol 1 Ile7CI< /—Wee 7o aor A /VOT 1--T / OO Cy ,e v P wozod -rs D' P C -PN ,-e C OFEI ' c C/T E F T (21?e Itler C-47.0giad 7y — f L N /V. P OGO f 6dC G /,° R ASiV f>/S R,-1jffk OA" One or more of the above violations may endanger or materially Impair the health, safety and well-being or the occupants(s). Code Enf&rcement Inspector Este es un documento legal imponante. Puede que afecte sus derechos. Puede adquirinma traduccion de esta fora. "4e Page o2 of c` SALEM HEALTH DEPARTMENT �04 . 9 North Street Date: Salem, MA 01970 Name: yT JLFSTRkO1M( Address: c/ 644't'T Sr Specified Reg # Violation Time 410. . . . Poole PS AOr -0 c - X00 n/ c t P P /r1 m Z 7qr 777 70 do M e-I y r &P - P D - c / er)7- ni G d S v/v' P r?W /.v =.PvnT — w v/� 7�1 �N nJ - G7iK U169 0 t Oti n/ . P .e s ND e'Y! Wee � 'Jv Cep / o f c A'ftvr7,Vc? 779 Ape, ,y /2 ry of / l ed I74 r> / .v v /✓ C/CN /f aw E' / ?W aleA41qvile- Fne All tenor/ N L/-7 -�� 77 0 6u/� 1 0?/L %CUt; Se �� 745-0700 744-4307 482-7842 744-2925 Of OM, ffia.S.Mr4USAfti I' � uhlit raprtg artmert �`_ �1TT�TTIT$ �e�IFTY'tI:TPYIt Robert E. Gauthier 5 Prouil 9freef' 714 5-112 131 July 22, 1980 Thomas Mackey & Sons 58 Broadway RE: 4-12 Blaney Street Salem, MA 01970 Salem, MA 01970 Dear Sir: It has come to our attention that the uninhabited buildings located on the referenced property are open to weather. We therefore order that you immediately take steps to secure the structures from entry by unauthorized persons. Enclosed is a copy oftheMassachusetts State Building Code pertaining to unsafe buildings. Very truly yours, Robert E. Gauthier Inspector of Buildings REG:dm cc: Fire Dept. Health Dept. enc. 3 / - ADMINISTRATION AND ENFORMAENT - l this code shall be punishable by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one (1) year, or o both, for each violation. Each day during which any portion of a violation continues shall constitute a separate offense. � `• 121.5 Abatement of violation: The imposition of the penalties herein prescribed shall not preclude the building official from instituting ap- "� 3 propriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, stricture or premises or to stop an illegal act, conduct,business or use of a building -or structure in or about any premises. SECTION 122.0 STOP-WORT( ORDER 122.1 Notice to owner: Upon notice from the building official that any Nvork is being prosecuted contrary to the provisions of this code or in an unsafe or dangerous manner, such work shall be immediately stopped. The stop-work order shall be in writing and shall be served on the owner `. or on the person doing the work, and shall state the conditions under which work may be resumed; provided, however, that in instances where immediate action is deemed necessan- for public safety or in the public interest, the building official may require that work be stopped upon verbal order, provided that said verbal order be confirmed in writing within forty-eight (48) hours. 122.1.1 Posting: A stop-work notice shall be posted in a conspicuous place on the job site and can only be removed by the building official. 122.2 Unlawful continuance: Anyone vvho shall continue any work in or about the job site after having been served with a stop-work order, except such work as he is directed by the building official to perform to remove a violation-of unsafe-conditions, shall be liable to prosecution as provided in Section 121.0. L SECTION 123.0 UNSAFE STRUCTURES 123.1 Inspection: The building official immediately upon being in- formed by report or otherwise that a building or other structure or any- C thing attached thereto or connected therewith is dangerous to life or limb or that any building in that city or town is unused, uninhabited or a �3= abandoned, and open to the weather, shall inspect the same; and he shall forthwith in writing notify the owner to remove.it or make it safe if it 1 � (' appears to him to be dangerous, or to make it secure if it is unused, un- inhabited or abandoned and open to the weather. If it appears that such structure would be especially unsafe in case of fire, it shall be deemed dangerous within the meaning hereof, and the building official may affix rt iY r in a conspicuous place upon its exterior walls a notice of its dangerous - l 21 MASSACHUSETTS STATE BUILDING CODE ll). ion, which bishall nm 'lot be removed or defaced without authority from l him. 12.3.2 Removal or making structure safe: An; person so notified shall be allowed until twelve o'clock norm of the daw followvin� i s } the notice in which to bear . the service of '1 or to to such building or structure or - make it safe, or to make it secure, and he shall employ Suf5cient labor =_ sneedih ±u make it safe or remove it or to make it secure:but if the public w eta?{ a saEet so requires and if the ma -or or selectmen so order, the buildin« q official may immediately enter. upon the premises with the necessary workmen and assistants and cause such unsafe structure to be made safe or demolished without delay and a proper fence put up for the protection of passers-by, or to be made secure. SECTION 124.0 EMERGENCY MEASURES 124.1 Failure to remove or make structure safe, survey board, survey report: If'mr owner of such unsafe structure refuses or neglects to comply with the requirements of such notice within the specified time limit, and such structure is not made safe or taken down as ordered there- . in, a careful survey of the premises shall be made by a board consisting; in a cit, of a city engineer, the head of the fire department, as such term is`defined in Section I of Chapter 148 of the Massachusetts General Laws Annotated, as amended, and one disinterested person to be appointed by the building official; and, in a town, of a surveyor, the head of the fire. department and one disinterested person to be appointed bw- the building official. In the absence of any of the above officers or individuals, the mayor or selectmen shall designate one or more officers or other suitable Persons in place of the officers so named as members of said board. A <\ written report of such survey shall be made, and a copy thereof served on such owner. 124.2 Removal of dangerous or abandoned structures: If such survey report asoutlined in Section 124.1 declares such structure to be dangerous or to be unused, uninhabited or abandoned, and open to the weather, and if the owner continues such refusal or neg lct, the buildinofficial shall cause it to be made safe or taken clown or'to be made secure; and, if the public safety so requires, said building official may at once enter the structure, the land on which it stands or the abutting land or buildings, f - with such assistance as he may require, and secure the same; and may \ remove and evict, under the pertinent provisions of Chapter 239 of the Massachusetts General Laws Annotated as amended, or otherwise, airySTa� tenant or occupant thereof- and may, erect such protection for the public by proper fence or otherwise as may be necessary, and for this purpose may close a public highway. In the case of such demolition, the said building official shall cause such lot to be levelled to conform With ad- jaeent grades by anon-organic fill. The costs and char-es incurred shall } , 22 - - - ADMINISTRATION AND ENFORCEMENT - constitute a lien upon the land upon which the structure is located, and a,•,, [;} ': " shall be enforced in an action of contract; and such owner shall, for every day's continuance of such refusal or neglect after being so notified, be punished by a fine in, accordance with Section 121.4. The provisions of the second pa agraph of S_c: on 3A r Chapter , 1 •- o C a�te. .39 of the \Iv;zchusetts V-£� General LawsAnnotatedas amended, relative to liens for such debt and the collection of claims for such debt, shall apply to any debt referred ' '1 to in this section, except that the said building official shall act here- under in place of the mayor or board of selectmen. During the time such order is in effect, it shall'be unlawful to use or occupy such structure or any portion thereof for any purpose. 124.3 Remedy of person ordered to remove a dangerous structure or make it safe: An owner, aggrieved by such order mav- have the remedy prescribed by Section 2 of Chapter 130 of the \lassaebusetts General Laws Annotated as amended; provided that any provision of said Section 2 shall not be construed so as to hinder, delay or prevent the building official from acting and proceeding under Section 124.2; and provided,further, that this section shall not prevent the city or town from recon pg the forfeiture provided in said Section 124? from the date of the service of the original notice, unless the order is annulled by the jury. _ 125.0 Reserved SECTION 126.0 BOARD OF APPEALS 126.1 State Building Code Appeals Board: Whoever is aggrieved by an interpretation, order, requirement, direction or failure to act under this code by any agency or official of the city, town or region, or agency or official of the State charged with the administration or enforcement of this code or any of its-rules or regulations, excepting any specialized codes, may appeal directly to the State Building Code Appe� Board as provided in Section 126.0. Whoever is aggrieved by an interpretation, order, requirement, direc tion or failure to act under this code by any- agency or official of a city, town or region charged with the administration or enforcement of this code or any of its rules and regulations, excepting any specialized codes, may appeal directly to the State Building Code Appeals Board or may ri appeal first to a local or regional appeals board and if aggrieved thereby he may then appeal to the State Building Code Appeals Board as pro- vided in Section 126.0. sf In the event an appeal is taken directly to the State Building Code Ap- peals Board from an interpretation, order, requirement or direction, said appeal shall be filed as specified in Section 126.3.1 with the State Build- 1 #� I'$z « ing Code Appeals Board not later than forty-five (45) days after the ser- rice of notice thereof of the interpretation, order, requirement or direc- tion.f 23 A ''���%,�� �'iirr �lepertment 3ieuAyuurtr�e 48 Eafagette street Tamm �. �remxn r. Date : August 21, 1978 A Name: Thomas Mackey & Sons, Inc. Rer'4 Blaney St. Salem, Mass, Address : 58 Broadway, Salem, Mass. As a result of an inspection this date of the premises , structure, open land area or vehicle owned, occupied or otherwise under your control , the following recommendations are submitted and shall serve as a notice of violation of fire laws . These recommendations are made in the interest of fire prevention and to correct conditions that are or may become dangerous as a fire hazard or are in violation . ,' of law. - You are hereby notified to remedy said violations named below within three days of above date. -� Such further action will be taken as the law requires, for failure to comply with the above requirements within the stipulated time. (Reference: General Laws of Commonwealth of Massachusetts, Chapter 140 , Section 30; and the Salem Fire Code Article l .) 1. Structure vandalized by recent fire shall be secured. in such a . manner to prevent furthur vandalism. The structure shall be closed at all window and door openings with sufficient materials to prevent access by vandals. Violation of Article #1, Salem Fire Code and Chapter 148 Section 5, of the General Laws of the Commonwealth of Massachusetts, , t , r , ccs Building Inspector Health Department Form #25A(9/75) ~Lt. David 1 . Goggin Salem Pira Marshal � . �. r� a 1tT1 Tlt P#.ar#I.TPIT# Richard T. McIntosh One Salem Green 745-D213 t. April 10,-1981 Thomas Mackey & Sons 58 Broadway 7��I Salem, MA 01970 3uo- 7 RE: 4-12 Blaney Street Salem, MA Dear Sir: - You are hereby ordered to immediately take the action than is necessary to properly secure the above referenced property against unauthorized entry by adults, children, or animals. You were notified on July 22, 1980 to do this. Any thing you may have done was not adequate enough. Failure to comply with the above will result in further action being taken by all concerned departments. Very truly yours, Richard T. McIntosh Inspector of Buildings - cc: Fire Dept.-Capt. Goggin Health Dept.- Mr. Blenkhorn Certified Mail #7188803 • The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ' 4 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 JANE SWIFT Voice and TDD LT.GOVERNOR. Fax: (617) 727-0665 DEBORAH A. RYAN EXECUTIVE DIRECTOR FINAL DECISION RE: Salem Ferry,Blaney Street, Salem 1. The hearing was held upon a complaint filed with the Architectural Access Board by Robin Kellett that the following section(s) are in violation of 521 CMR: Section 18.3 —Entrance to the terminal is not accessible Section 18.12.1 —Unassisted access is not provided Section 18.13.1 —Handrails on ramp do not comply Section 7.1 —Public areas located with the terminal are not accessible Section 30.1.2—Portable toilets are not accessible Section 7.2.2c—Height of service counter exceeds 36 inches Section 27.4—Handrails are not provided on the stairs to the terminal Section 25.1 —Entrance to the terminal is not accessible(Same as 18.3) Section 25.2—Path of travel to terminal is not a paved walk or ramp Section 25.6—No signage is provided indicating where accessible entrance is located. Section 27.1 —Stairs to the terminal do not comply 2. The hearing was held on: Monday, November 15, 1999 3. The following persons appeared: Frederick L. Nolan, III, Boston Harbor Cruises, as of June 10, 1999, the operator of the Salem Ferry to Boston and Arthur Daignault, Access Specialist, Independent Living Center North Shore and Cape Ann The Chair swore in all persons offering testimony. Board Member Lorraine Greiff sat for purposes of a quorum,but did not participate in or vote in the matter before the Board. Ms. Greiff also did not participate in the hearing on June 21, 1999. t� 1 k 4. FINDINGS AND DECISION: The Board having considered the evidence hereby decides and finds as follows: By way of background: The case originated as a variance request filed by Craig Wheeler on June 12, 1998. The applicant requested variances from the following sections of the 1996 Rules and Regulations of the Board: Section 18.13.3 — landings on ramps and slopes and Section 24.5 — Handrails. The City of Salem requested a four-month temporary variance to conduct a demonstration project to test the feasibility of a commuter boat from Salem to Boston. To this end, they needed to construct a temporary boat docking facility in Salem at Blaney Street. The information stated that after the four- month demonstration project, the docking facility would be dismantled. On Monday, June 29, 1998, after reviewing the material submitted the Board voted as follows: GRANT the variance to Section 18.3.3 for a period of 4 months only. The variance expired on November 1, 1998. The Board also denied the variance to Section 24.5 and ordered that appropriate handrails be installed on the marine ramp for the reason that compliance has not been proven to be impracticable in this case. On May 7, 1999, another variance application was filed by Mayor Usoviez requesting temporary variance to conduct a demonstration project to test the feasibility of a commuter boat from Salem to Boston at Shetland Park in Salem, because the previous year's service proved to be so successful. The city then decided not to fund or run the ferry service, and has stated they are not responsible for compliance issues. However, there is a new ferry service operated by Boston Harbor Cruises. It has been found that Goldeneye Inc. is the company that owns the Blaney Street pier. The Board notified Boston Harbor Cruises, Owner/manager of the reported violations and they failed to respond. Therefore, the Board scheduled this complaint hearing. On November 15, 1999, the Acting Chairman, Larry Braman called upon the complainant to present the case for the complaint. Mr. Braman also asked Mr. Nolan if he has a list of the complaints to be addressed. Mr. Nolan did not have a copy of the original letter sent to the Owner/Manager, Salem Ferry, Blaney Street, Salem, on July 20, 1999, outlining the reported violations. Arthur Daignault, Independent Living Center of the North Shore (ILCNS) stated that he is familiar with the case, and Robin Kellett filed the complaint when she was Associate Director of ILCNS. Mr. Daignault appeared at the hearing on June 21, 1999. Mr. Daignault stated the complaint was filed because there was no way for persons with disabilities to enter the trailer to buy tickets or to access the waiting area. In addition, the issue of an accessible path of travel provided to get to the boat and onto the boat. Mr. Daignault stated that the violations reported by Ms. Kellett were never addressed by Boston Harbor Cruise. Mr. Frederick Nolan apologized to the Board, and stated he did not know the individual who came to the site and initiated the complaint. He stated there were problems relative' to access when the operation between Salem and Boston began. He stated his company 2 negotiated with the City of Salem and other parties interested in the ferry through most of the spring. Mr. Nolan stated that the Salem Ferry was operated last year under a pilot program by EOTC to determine if there was a market for a Salem to Boston commuter boat or ferry service. The Pilot program was subsidized, in the amount of$750,000 and in addition, to that had applied to it the placement of floats owed by the MassPort, and gangway that was residual inventory that was left over from the Revere Sugar site. Mr. Nolan stated the ferry operation began under separate contract, under another operator in 1998. Mr. Nolan stated the gangway came from MassPort along with the floating docks. Mr. Nolan stated that Boston Harbor Cruises was invited to look at the Salem Ferry for a long term operation without subsidy by landowners of Blaney Street, the site the Salem Ferry operates from. He stated that Boston Harbor Cruises are tenants at the site and are paying rent for the facilities. Mr. Nolan acknowledged that Boston Harbor Cruises owns the trailer referred to in the complaint. He stated it was moved to the Blaney Street location, for temporary ticketing until such time the landowners could get Chapter 91 and other applicable approvals, so they,could build a full scale facility that will be fully accessible. Mr. Nolan stated that recognizing that the trailer was inaccessible, tickets were available both in the trailer and on board the vessel. Mr. Nolan stated the gangway and floating docks are no different than those installed by the Commonwealth of Massachusetts, the prior year: He stated they do not meet the 1:12 slope requirement. Mr. Nolan stated the fact is regarding the boat transitional pieces, Boston Harbor Cruises is working diligently with Stephen Spinetto, of the City of Boston Disability Commission, and is part of a sub-committee in Washington to determine what the proper application is for the commercial vessel industry. Mr. Nolan stated as of now there is no regulations dealing with accessibility to vessels. Mr. Nolan stated that Boston Harbor Cruises built three or four vessels new vessels over the past two years and installed accessible toilet rooms, but they are not required by law to do that. He stated the Coast Guard has no existing regulations relative to that. Mr. Nolan stated that Boston Harbor Cruises has ownership over the trailer, and once advised, immediately installed a ramp to the door, albeit it is not in full compliance with 521 CMR. Mr. Nolan stated Boston Harbor Cruises did not go further, because the only paved area in the lot that they are operating from is the ten paved handicapped parking spaces relegated to the site. He stated the balance of the site has not been permitted for paving, because of an ongoing environmental review process before paving. Mr. Braman called upon Board Members with questions. Board Member Lorraine Greiff asked Mr. Daignault if there is an accessible path of travel to the boat. Mr. Daignault did not have the exact measurements of the slope of the ramp, but noted it is steep. Mr. Nolan stated that it is a 50 foot gangway with a tide range on average of nine and on-half feet. Mr. Nolan acknowledged that the ramp is steep. Mr. Nolan stated that Boston Harbor Cruises operates 23 vessels in Boston Harbor, 14 under which are operated under contract to MBTA, MDC and the facilities in Salem are no better than, and in some cases, better than the other facilities that Boston Harbor operates that are state-owned and controlled. Mr. Nolan stated this is primarily because there is no clear definition as to what to do with regard to accessibility on floating docks and gangways. Mr. Nolan stated a recent solution came up in federal court in which the federal government installed a system which in an on-call elevator that runs with the tide. 3 Ms. Greiff asked how that relates to this complaint. Mr. Nolan stated only to say the facilities in Salem are no less steep or no less impacting than the average facilities provided by the Commonwealth for commuter transportation. Mr. Kelly asked if Boston Harbor Cruises is under contract to Salem. Mr. Nolan replied, no, Boston Harbor Cruises.has a five-year contract with the Pleasant Street landowners, Goldeneye. Mr. Kelly asked if his company plans to make any modifications during the run of the contract. Mr. Nolan stated the trailer, (the only thing his company has control over) will be replaced next season with a facility that is 100% accessible. He stated that Goldeneye currently has a fully accessible plan in front of the Department of Environmental Protection (DEP) to which they are trying to get a Chapter 91 license for. Mr. Carell asked Mr. Nolan if he is aware that the time variance granted to the City of Salem acknowledged deficiencies (violations of 521 CMR) and was only for four months. Mr. Carell stated, as he understands Mr. Nolan's testimony, the facility that is in place now, is virtually identical to that previously in place. Mr. Nolan replied that is correct. Mr. Nolan stated neither he nor his company was aware of the previous time variance granted by the Board. The violations were addressed as follows: Section 18.3 —Entrance to the Salem Ferry service terminal (trailer) is not accessible Mr. Nolan stated the entrance to the terminal is currently accessible, but was not at the start of the Salem Ferry operation. He stated he is not aware of the date of the complaint. Mr. Carell asked if the ramp is in full compliance with 521 CMR. Mr. Nolan acknowledged that the ramp is not in full compliance. Mr. Carell advised him that if the ramp is not in compliance, there is no accessible entrance. Section 18.12.1 —Unassisted access is not provided between the land and the floating docks. Mr. Carell asked if the above violation is accurate. Mr. Nolan was not clear as to the requirements. Deborah A.Ryan,the Board's Executive Director stated the issue is access between the land and the floating dock, i.e.,the slope has to be at least 1:12. Mr. Nolan agreed that the reported violation is valid. p Section 18.13.1 —Handrails on the marine ramp do not comply with 521 CMR Mr. Carell asked if the handrails on the ramp comply with 521 CMR. Mr. Nolan was unable to answer the question. © Section 7.1 — Public service areas located within the terminal (trailer) are not accessible to persons with disabilities. Mr. Carell asked if the above violation is true. Mr. Nolan stated that is true. 4 Section 30.1.2—Portable toilets are not accessible Mr. Carell asked if the portable toilets are accessible. Mr. Nolan stated there are no public toilet rooms within the trailer, but there is a portable toilet at the back of the trailer for the staff. Mr. Carell asked Mr. Nolan if it is his testimony that there are no public 4 toilet rooms. Mr. Nolan stated that is his understanding. Ms. Greiff asked if the public ever uses the portable toilets. Mr. Nolan stated he was not at the site this summer, so he cannot be sure if the public ever used the portable toilets. 0 Section 7.2.2c—Height of service counter exceeds 36 inches Mr. Nolan acknowledged that the service counter exceeds 36 inches. 0 Section 27.4 — Handrails are not provided on the stairs at the terminal building entrance. Mr.Nolan stated that at the time the complaint was filed,concrete blocks were stacked up before the ramp was constructed. He stated there is a railing now in place on the ramp. 0 Section 25.1 —Entrance to the terminal is not accessible Mr. Nolan stated that is true. (Same as 18.3) Section-25-.1 -hath of travel to approach the terminal is not a paved walk or ramp Mr.Nolan stated that when Boston Harbor Cruises went into the site, the Commonwealth provided relative to improving the lot was to create 10 handicapped parking spaces which have a paved walkway connected to them which then connects to the gangway below. Mr. Nolan stated he not aware of what the problem is. Mr. Nolan stated before the ramp went in,there was no connection. Mr. Daignault stated the whole handicapped parking area is paved now, and then it continues over to the gangway. Se 25.6 — No signage is Rrovided to indicate the location of the accessible entrance Mr. Nolan stated that technically there was no signage at the time the complaint was filed. He stated the paved area is to the right of the ramp. Section 27.1 —Stairs to the terminal do not comply 0 Mr.Nolan stated the stairs are no longer there, they were replaced by a ramp. Mr. Carell stated it appears based on the testimony, that the entrance to the terminal is not accessible; the height of the service counter is incorrect; the public areas located within the trailer are not accessible; the handrails may or may not comply and unassisted access is not provided. Also, there is a question of whether or not the portable toilet is open to the public. Mr. Nolan agreed that is a fair assessment of the matter. Mr. Carell asked why knowing this, Boston Harbor Cruises began service. Mr. Nolan stated he is not certain with regard to the trailer. He stated that Boston Harbor Cruises took a trailer they had in stock and put it in place very quickly, expecting that the landowner eventually would get permission to do the facility. Mr. Nolan stated that Boston Harbor Cruises knew they were deficit even to the mobile public, because they had temporary block stairs in place and they had a number of complaints from elderly persons getting in and out of the trailer. Mr. Nolan stated it took two weeks after the trailer was in position to get the ramp in place, and make whatever improvements were made. The trailer was put in place because the landowners did not have the approvals to construct a new building. 5 Mr. Nolan stated the trailer is a short-term solution, but evidently they were short-sighed in not making the trailer handicapped accessible. Mr. Nolan stated they felt comfortable with the floating docks and access to them. Ms. Greiff inquired as to the operating months for the Salem Ferry. Mr. Nolan stated it is scheduled to run from May 1 through October 31. Mr.Nolan stated that this year the ferry operation began on June 10. Mr. Kelly asked whose Boston Harbor Cruises contract is with. Mr. Nolan stated that Boston Harbor Cruises is a tenant of a company called Goldeneye Corporation, the private landowners at Blaney Street. Mr. Kelly asked who supplies the ferry service. Mr. Nolan responded Boston Harbor Cruises supplies the service. Mr. Kelly stated he is trying to establish what Boston Harbor Cruises is responsible for correcting and what Goldeneye Corporation is responsible for. Mr. Nolan stated the plan was for Boston Harbor Cruises to be the tenants, and the landowners would provide the floating docks and terminal that his company would operate. Mr. Nolan stated that everything was delayed during the landowner's negotiation with the city. Mr. Kelly asked Mr. Nolan if the operation commenced with his company's equipment or the landowners. Mr. Nolan replied that it was the landowner's floating docks and gangways they borrowed from MPA, and with his trailer. Mr. Kelly asked why the landlord did not provide the trailer. Mr. Nolan stated they did not have the financial wherewithal at the time. Mr. Kelly stated so Boston Harbor Cruises assumed a burden that belongs to the landowners. Mr. Nolan replied, technically yes. Mr. Kelly stated so strictly speaking, if everything was in place as it should be, Boston Harbor Cruises is only responsible for the boat. Mr. Nolan stated that is correct. The Board advised Mr. Nolan that the Board's current regulations, in effect since 1996, Section 18 and Section 19 of 521 CMR, specifically address the requirements at marine facilities. The Board stated that regardless of whether the federal government has regulations, the Commonwealth has had regulations in effect that is applicable to this site. Mr. Nolan stated his company has been waiting for federal regulations to tell them what the guidelines are going to be. The Board reiterated that there are state regulations already in effect that are applicable to this site, and must be complied with. Mr. Kelly stated his opinion is that Goldeneye should also be involved in the matter. Mr. Daignault submitted a copy of an article that appeared in the local newspaper relative to a plan for a commuter run to Boston next summer (2000). Mr. Daignault stated his concern is that the operation will continue to run, as was done this year, without being fully accessible to persons with disabilities. Ms. Greiff asked Mr. Daignault if he is aware if commuters could buy tickets on board the vessel this past season. Mr. Daignault stated he is not aware if tickets were available other than in the trailer. Mr. Braman asked who currently owns the equipment, which connects the land to the boat. Mr.Nolan stated to clarify matters, Goldeneye Corporation owns the floating docks and the gangway is leased from MassPort. Mr. Braman stated the one issue in doubt is the use of whether the portable toilets are open to the public. Mr. Daignault stated the toilet is not accessible, but could not offer definitive testimony as to its use. Ms. Ryan 6 stated the Board has a letter dated July 22, 1999, from John D. Keenan, Assistant City Solicitor, Salem that last year they had a license to use the property for the four-month experiment. The letter also stated that the docking facilities were borrowed from MassPort and all of that was removed. Further, it stated the docking facility now in place at Blaney Street was installed by Goldeneye and its ferry service provided(different than last year). Ms. Ryan asked Mr. Nolan if his company leases the equipment from MassPort. Mr. Nolan stated that is technically wrong, Goldeneye borrowed/leased the gangway from MassPort, last year and again this year, and attached that gangway to their own floating docks. Ms. Ryan stated that then Goldeneye is the company the Board should be contacting, for the proper gangway and floating docks. Mr. Nolan replied that is correct. Mr. Kelly asked if there is any business connection between Boston Harbor Cruises and Goldeneye, other than tenant and landlord. Mr. Nolan replied no. Ms. Greiff asked Mr.Nolan why did not contact Goldeneye relative to the hearing. Mr. Nolan stated he spoke to someone from Goldeneye this morning to see if they were going to be at the hearing,but they did not receive notification of the hearing. Ms. Ryan stated if the Board was aware that another party was involved,notification would have been sent to them. Ms. Ryan stated to clarify matters, the first letter that went out July 20, 1999, to the Salem Ferry, and no response was received. The second letter went out September 9, 1999, to the building owner and there was no response, and that is why the hearing was scheduled. Mr. Braman called for a motion. BOARD DECISION The Board finds based on the testimony, Boston Harbor Cruises is a tenant on the property and provided the trailer that was onsite this past season. The Board finds that the trailer should have been fully accessible at the time it was brought to the site. Section 3.10 of 521 CMR requires that even temporary structures comply with 521 CMR. The Board finds the following sections are applicable to the Boston Harbor Cruise operation, as they are the only articles Boston Harbor Cruises has authority over: Section 18.3, Section 18.12.1, Section 18.13.1, Section 7.1, Section 7.2.2c, Section 25.1 (Section 18.3), Section 25.2 and Section 25.6. Further, based on Mr. Nolan's testimony, i.e., his agreement that the above sections are in violation of 521 CMR,the Board voted to find in favor of the complainant that the above sections are valid violations of 521 CMR. The Board excluded Section 30.1.2, as long as the toilets provided on-site are designated as staff only toilet rooms. In addition, Sections 27.1 and 27.4 were excluded, because the stairs were replaced by a ramp, albeit a non-complying one. The Board ordered that the trailer (Salem Ferry office) be brought into full compliance with 521 CMR, prior to reopening the operation, or an application for variance be submitted (see enclosed) within 30 days of receipt of this decision. 7 Further, the Board ordered that the Salem Ferry not be allowed to operate, at this site, or any other site until all accessibility issues are addressed. The Board reiterates that it has had regulations in effect since 1996 relative to marine facilities, see Sections 18 and 19 of 521 CMR. The Board also finds, based on the testimony, Goldeneye is the landowner; owns the floating docks and leased/borrowed the gangway from MassPort. Therefore, the Board voted to have Goldeneye be made a party to the case, and be notified of outstanding violations. The Board voted to waive the site inspection requirement. This constitutes a final order of the Architectural Access Board entered pursuant to G.L. c. 30A. Any aggrieved person may appeal this decision to the Superior Court of the Commonwealth of Massachusetts pursuant to Section 14 of G.L. c.30A. Any appeal must be filed in court no later than thirty(30) days of receipt of this decision. DATE: December 15, 1999 ARCHITECTURAL ACCESS BOARD Ib INS. Larry an Acting hairman cc: Local Building Inspector Local Disability Commission Independent Living Center Complainant 8 The Commonwealth of Massachusetts ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 Voice and TDD JANE SWIFT Fax: (617) 727-0665 LT.GOVERNOR www.state.ma.us/aab DEBORAH A. RYAN NOTICE OF ACTION EXECUTIVE DIRECTOR RE: Salem Ferry Landing, Blaney Street Salem 1. A request for a variance was filed with the Board by Robert Salem (Applicant)on May 18, 2000 The applicant has requested variances from the following sections of the1996 Rules and Regulations of the Board: Section: Description: 18.12.1 Slope of marine 2. The application was heard by the Board as an incoming case on Monday, May 22, 2000 . 3. After reviewing all materials submitted to the Board, the Board voted as follows: GRANT a temporary variance to Sectopm 18.12.1 to allow the Salem Ferry to operate until the Chapter 91 license is approved or until the start of next seacon (2001)whichever comes first. This variance is conditioned upon the following conditions: 1. all other accessibility issues at the facility, including the ticketing office, must fully comply with the regulations prior to the opening the the facility this season; 2. The ramp slope not exceed 1:20 for more than 25% of the tidal range; 3. status reports be submitted on the first of each month advising the Board of the progress of obtaining the Chapter 91 license. If it appears that the Chapter 91 license will not be approved by the start of the 2001 season, a written request for extension must be submitted to the Board in a timely manner, ie.well before the 2001 opening date. NOTE: If the work being performed is reconstruction, renovation, addition, or alteration, compliance with this decision must be achieved by completion of the project and prior to final approval by the building department. Otherwise, if the work being performed is new construction, compliance with this decision must be achieved prior to the issuance of an occupancy permit. Any person aggrieved by the above decision may request an adjudicatory hearing before the Board within 30 days of receipt of this decision by filing the attached request for an adjudicatory hearing. If after 30 days, a request for an adjudicatory hearing is not received, the above decision becomes a final decision and the appeal process is through Superior Court. Dat /Local May 23, 2000 ARCHITECTURAL ACCESS BOARD cc: Building Inspector % 1 / n Local Disability Commission Independent Living Center Chairperson �J C(Ll H Cite of 6alem, f a'5garbU!6ettg s Vublit Propertp Mepartment �3uilbing Mepartment One 6alem oreen (978) 745-9595 (ext. 380 Peter Strout n Director of Public Property Inspector of Buildings Zoning Enforcement Officer April 5, 2000 Goldeneye Corporation 4 Blaney Street Salem, Ma. 01970 Dear Sirs: I am sending you this letter to inform you that you will not be allowed to open for business unless you have met all criteria set forth by the Massachusetts Architectural Access Board. We will make ourselves available to review plans and inspect work so as to enable you to open for operation as soon as possible. Sincerely, /'k. Peter Strout Building Commissioner cc: Mayor Usovicz Independent Living Center C/o Arthur Daignalt s aCITY OF SALEM, MASSACHUSETTS ' BOARD OF HEALTH 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 TEL. 978-74 1-1800 FAX 978-745-0343 STANLEY USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO MAYOR HEALTH AGENT January 24, 2003 Goldeneye Corp. C/o Bob Blair P.O. Box 4467 Salem, MA. 01970 Dear Mr. Blair: In accordance with Chapter III, Sections 127A and 1276 of the Massachusetts General Laws, 105 CMR 400.00, State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter 11 Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property 4 Blaney Street#3 occupied by Kevin Cunningham conducted by Jeff Vaughan, Sr. Sanitarian on Wednesday,January 22, 2003 at 3:00 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 notify tenants of lead related reports and tests, and to ensure that this unit complies fully with 105 CMR 460.000 : Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this Order. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. For the Board of Health: Reply to: i ne Scott Jeff Vaughan Health Agent Sr. Sanitarian Certified Mail: 7001 1140 0000 2746 0629 Cc: tenant, bldg. Insp f` violet CITY OF SALEM, MASSACHUSETTS a BOARD OF HEALTH 120 WASHINGTON STREET. 4TH FLOORSALEM, MA 01970 TEL. 978-741-1800 FAX 978-745-0343 Pagel of a STANLEY USOVICZ. JR JOANNE SCOTT, MPH, RS, CHO MAYOR HEALTH AGENT State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant : Kevin Cunningham & Lisa Botelho Phone: (978) 740-5653 Address: 4 Blaney Street Apt.# 3 Floor Owner: Goldeneye Corp. , c/o Bob B1airAddress: P.O. Box 4467 Salem, MA. 01970 Inspection Date: Jan. 22, 2003 Time: 3:00 PM Conducted By: Jeff Vaughan Accompanied By-. tenant Anticipated Reinspection Date: a/ days from certified receipt. Specified Time Reg.#410.. Violation(s) Based on a tenant complaint an inspection was conducted in accordance with Article II of the State Sanitary Code 105 CMR,410.000. Upon inspection the following were noted: in�v�sr�G,�re ac„cce �eA� r. e, n p u 2 F�coc ems.- Ta �oo�a. �-a One or more of the above violations may endanger or materially impair the health safety, and well being of the occupant(s) Code Enforcement Inspector Sr. Sanitarian Este es documento leqal importante. Puede que afecte sus derechos. Puede adauirir una traduccion de esta forma sies necesario Ilamar al telefono 741-1800. t Appendix II (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 CorTected you may be entitled to hold back your rent payments. You can do this without being evicted if: You can prove that your dwelling unit.rbr common areas contain code violations which are serious enough to endanger or materially impair your health of safety and &at your landlord knew about the violations before you were behind in your rent. You did not cause the violations and they can be repaired while you continue to live in the building. You are prepared to pay any portion of the rent into court if a judge orders you to pay it. ( For this. it is best to put the rent money aside in a safe place) 2. Repair and Deduct(Massachusetts General Laws, Chapter III, 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 may endanger or materially impair your health,safety,or well-being,and your landlord has received written notice of the violations,you may be able to use this remedy. If the owner fails to begin necessary repairs (or to enter into a written contract to have them made)within five days after the notice or to complete repairs within 14 days after notice, you can use up to four months rent in any year to make repairs. 3. Retaliatory Rent Increases or Evictions Prohibited (Massachusetts General Laws,Chapter 186, section 18, and Chapter 239, 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 try to evict within six months after you have made the complaint, he or she will have to show a good reason for the increase or eviction which is unrelated to your complaint. You may be able to sue the landlord for damages or if he or she tries this. 4. Rent Receivership (Massachusetts General Laws Chapter II, 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& Deceptive Practices (Massachusetts General Laws, Chapter 93A) : Renting an apartment with code violations is a violation of the consumer protection act and regulations, for which you may sue an owner. The information presented above is only a summary of the law. Before you decide to withhold rent or take any other legal action, it is advisable that you consult an attorney. If you can not afford to consult an attorney. you should contact the nearest legal services office, which is North Shore Community Action Northeast Housing Court Programs Inc. 2 Appleton Street 98 Main Street Lawrence, MA. 01840 Peabody, MA. 01960 (978) 689-7833 (978) 531-0767 J, CITY OF SALEM HEALTH DEPARTMENT • „-� Salem, Massachusetts 01970 Page of Date: /aa/o3 Name: Address: yl�r�y S�iCur Specified Time Reg.#410.. Violat1Of1(s) / - lnaz C: S ' CITY OF SALEM HEALTH DEPARTMENT „-� Salem, Massachusetts 01970 Page Ot Date: Name: Address: Specified Time Reg.#410.. Violations) 'n The Commonwealth of Massachusetts 1- ARCHITECTURAL ACCESS BOARD One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-600-626-7222 JANE SWIFT Voice and TDD LT.GOVERNOR Fax: (617) 727-0665 DEBORAH A. RYAN EXECUTIVE DIRECTOR TO: Local Building Inspector Independent Living Center Local Commission on Disability Complainant FROM: rchitect ral ccess Board RE: DATE: �(►�."�J � l( Enclosed please find a copy of the following material regarding the above location: A lication for Variance Decision of the Board Notice of Hearing - Correspondence _Letter of Meeting The purpose of this memo is to advise you of action taken or to be taken by this. Board. If you have any information which would assist the Board in making a decision on this case, you may call this office, or you may submit your comments in writing to the above address. Thank you for your assistance. 4o The Commonwealth of Massachusetts �.� ARCHITECTURAL ACCESS BOARD �= One Ashburton Place - Room 1310 Boston, Massachusetts 02108 ARGEO PAUL CELLUCCI (617) 727-0660 GOVERNOR 1-800-828-7222 Voice and TDD JANE SWIFT Fax: (617) 727-0665 LT. GOVERNOR - DEBORAH A. RYAN EXECUTIVE DIRECTOR COMPLAINT HEARING NOTICE RE: Salem Ferry ,Blaney Street, Salem You are hereby notified that an informal adjudicatory hearing before the Architectural Access Board has been scheduled for you to appear on Monday, November 15, 1999 at 2:00 p.m. One Ashburton Place, 21 st Floor, Boston, MA This hearing is upon a complaint filed by Robin Kellett relative to Sections 18.3, 18.12.1, 18.13.1, 7.1, 30.1.2, 7.2.2c, 27.4, 25.1, 25.2, 25.6 and 27.1 A copy of the complaint is available for public inspection during regular business hours. This hearing will be conducted in accordance with the procedures set forth in M.G.L., c. 30A, and § 1.02 of the Standard Rules of Practice and Procedure. At the hearing, each party may be represented by counsel, may present evidence and may cross examine opposing witnesses. Date: October 22, 1999 A CHITECTURAL ACCESS BOARD l Chairperson cc: Independent Living Center ./I ocal Building Inspector Local Disability Commission Complainant