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13 BOARDMAN STREET - BUILDING JACKET 13 BOARDMAN STREET JAN-03-02 12:32 FROM-VAM SALEM OFFICE RS 9787457026 T-242 P.01/V F-056 REALTORS ONE CHURCH nW.&T &qLEK)AA 01970 979,745-6002 Fm M710.7026 j 'j, To:--7%0,KtAj- Fax: CF?.F A, --VF-4< AWF-qrf 6a From: M4 ARMSTRONG Daft: Cc: e&,, &P owyew Aumem U For P4wimv D Pleats Cmamt 0 Pkwe R" n Plom Rwyde How* 6u reve'llei re /A!hkm 4; PreueA 4-A / , Ia✓J2DMRN tv f-�uiv &A/la ��� � I, IT P041WA4,01,) --rUeX4 www,witchc1tyhomes,com Jim Armstrong-Voice Mail 978-762-9352 Pax 978-745-7026 email -Jim QiA61dh-ciMWmo'g-m JAN-06-02 12:32 FROIKAM SALEM OFFICE RS 978T48TO26 T-242 P.O2/O3 F-966 January 3, 2002 a Kathleen Johnson 46R Nashua Ave. Gloucester, MA 01930 Thomas St. Pierre, Bldg, Inspector City of Salem bile Property Departinent 10 Washington St. 9 lem, MA 01970 1 Xp: 13 Boardman Street APPIDAVTT i Dear Nk. St. Pierre: This affidavit serves to verify fihat my intent as the new owner of the above referenced property isto combine the second and t ird floors,thereby creating one unit. I Res ctfully, 1 . K}ihiccn Johnsbn i a i JAN-05-02 122:,33 FROM-VAA1 SALEM OFFICE RS 9787457026 T-242 P.03/03 °-95E �. PUBLIC PROPERTY DEPARTMENT 120 WA6MtN6TON STREET,3R0 FtOaR SALEM,MA 01970 Thu(978) 745.8595 ExT, $80 49 FAX (978) 740.OSAS I STANLEY.J. USOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYOR December 20.2001 - � •r ..... .'-;•"Airarrtey�xc:itard-I�aHnretr• ._ .- - -- Ipswich River place 4 South Alain Street,Suite,#I Ipswich,Ma 01938 I RE: 13 Boardman Street Dear Sir. As you are now aware,the ft i floor of 13 Boardman Strect hos,been an iging zoning 1 violation for about 10 years' To resolve tWi ,tnatter,I_would suggest either of The following: 0 A) I•Lre a licensed plumber to move and cap all the plumbing pipes assoLated with the tchen sink. 13) If the buyer wishes to uti the pluonbing in the third floor,they can provide an 2ffidavit stating d+ey will c bine the second and third floor to create one unit. I I Either of these options would s itisfy this Depart¢rent. Thank you,M Thc*nas St.Pi ' I1tce1 Building Inspector o dor 7.n,A 9L:91 TOOZ TZ Z8a £996-95£846:x'23 "0I21QWdW'SIT1Il'W1lti?i Tito of Amtem, Aussar4usietts public Frupertg Department +Nuilbing Department (One Salem (Seven 508-745-9595 i'E3d. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 19, 1993 Virginia Moustakis Code Enforcement Inspector Health Department RE: 13 Boardman St. Dear Ms. Moustakis: In response to your communication regarding the above referenced property, please be advised that I have researched our records and have made an on site inspection, and I can assure you this is a legal two family dwelling. There are three (3) people residing in the second floor unit and they use the third floor bedroom, this is allowable. also, I noted the third kitchen had been removed as per the Zoning Board of Appeal decision and in my opinion did not require a building permit. Sincerely, Leo E. Tremblay Inspector of Buildings Zoning Enforcement Officer LET:bms cc: Councillor Harvey, Ward 2 (Mg of 11-t�att m, MaS6Ur4USfltg Public Prnpertu Bepartment 'te a +Nuilbinq Department One f3ntem (6reen 508-745-9595 fit. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 4, 1993 Kathryn Sammartano _. 13 Boardman St. Salem, MA 02199 RE: 13 Boardman St. , Salem (R-2) Dear Ms. Sammartano: On August 21, 1991 the City of Salem Zoning Board of Appeal granted a Variance from parking which allowed the above referenced property to be used as a two family dwelling. The decision of the Board allowing this had certain conditions attached and as of this date, these conditions have not been met. There also appears to be some question as to the present use of the building. You are therefore requested to contact this office within seven (7) days of receipt of this notice to arrange for an inspection by this department. Sincerely, Leo E. Tremblay Zoning Enforcement Officer LET:bms cc: Health Dept. Councillor Harvey, Ward 2 Ms. Sammartano, P.O. Box 958, Boston 02199 Certified Mail #P 009 226 192 Y � nY 2 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH 9 North Street ROBERT E. BLENKHORN Salem,Massachusetts 01970 HEALTH AGENT 508-741-1800 January 6, 1993 Mr.Peter Vassil 23 Boardman Street Salem,MA 01970 Dear Mr.Vassil: In accordance with Chapter 111,Sections 127A and 127B,of the Massachusetts General Laws, 105 CMR 400.00: State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code,Chapter Il: Minimum Standards of Fitness for Human Habitation,an inspection was conducted of your property located at 23 Boardman Street,Apt.l occupied by Pat Carney conducted by Virginia Moustakis, Sanitarian of the Salem Health Department on December 30,1992 at 9:15 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 these violations in accordance with the enclosed report. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s) to use one or more of tire statutory remedies available to them as outlined in the enclosed inspection report form. For the Board of Health Reply to: Robert E.Blenkhom,C.H.O Virginia Moustakis Health Agent Sanitarian cc: Tenant Building Inspector CERTIFIED MAIL P 348 630 899 � f Page 1 of_ SALEM HEALTH DEPARTMENT 9 North Street Salem,MA 01970 State Sanitary Code,Chapter.11 -,105,,CMR 410.000 r. ; Minimum Standards:offftness for Human Habitation Occupant: (0fiC/V Y Phone: Address: AeAis1)mdly S AptFloor Owner. U'll k'A Address: i9-J 26kr,4e1�9/Md1V Sr Inspection Date: Time:: 9.`.✓3'/fn'l Conducted By: V&i .MK/$ Accompanied By: 7;�Wa-77j' Anticipated Reinspection Date: Specified Reg #' ' Violation Time 410 :.r.. , L D;1I Q , n i A/ 6Eyemms &i 6Gr� C) FI[.L NC"r /c'lr7'I'1 , 6 v,C) oQz� mac- r ti / Gr m L E7e 177 ZA1L6.-LarZG1? 4z-- Aqle4c- RAV IV 00 1 C C1 .S / , One or more of the above violations may endanger or.materially impair the health, safety and well-being or the occupants(s). Code E lforcement Inspector Este es un documento legal importante. Puede gue 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 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. 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. Rtp it nd D , t(Massachusetts General Laws,Chapter 111, section 127L):The law sometimes allows you to use your rent money to make the repairs yourself.If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health, safety, or well-being,and your landlord has received written notice of the violations, you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have them made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent in any year to make the repairs. 3. Retaliatory Rent Increases or Evictions 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,heorshe,will:ha .e.to'show.a good.reason forahe increase or eviction which is unrelated to your complaint.You may be able to sue the landlord for damages of he or she tries this. 4. Rent Receivership(Massachusetts General Laws,Chapter 11, section 127 C-H):The occupants and/or the Board of Health may petition the District or Superior Court to allow rent to be paid into court rather than to the owner.The court may then appoint a "receiver"who may spend as much of the rent money as is needed to correct the violation. The receiver is not subject to a spending limitation of four months'rent. 5. Breach of Warranty of Habitability: You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimum standards of habitability. 6. Unfair and 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 your rent or take any other legal action,it is advisable that you consult an allorney.If you cannot afford to consult an attorney, you should contact the nearest legal services office, which is: Neighborhood Legal Services 37 Friend St Lynn, MA 01902 (617) 599-7730 Page�!:—of SALEM HEALTH DEPARTMENT -3 9 North Street , Datei - 9 2 . SalemMA 01970 iv44M� C Name: (�l'I` �Ll9it"/ Zl Address: 13 041ePc hfaIV Sf !t Specified Reg # Violation Time 410. . . . Ll IAI a6 11 / /� S — / S "N 1,10Lr NS N LL/vr- vCT > / S 7 A601/,-r /✓ /l1 6 r U z— /A1,vOT16 X 1 ,57 �,5 ('Gr1 1 �v� . �✓b _' �' " � P ^SCS" T c S / . - ,S zv ti hie /N - t, Yt - ,wz1vo11c-,4�-- Oenc4,z,F XL /v AA ' AAO i/4 46 Z!292,, 1 7— Ivor 465 a223N'� /C O/cTO a L -;,9 Citu of ttlem, assttdlusetts �Baarb of Au peal i DECISION ON THE PETITION OF KATHRYN SAMMARTANO FOR A VARIANCE AT 13 BOARDMAN STREET (R-2) A hearing on this petition was held August 21 , 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Edward Luzinski and Mary Jane Stirgwolt. 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, owner of the property, is requesting a Variance from parking to allow a two family dwelling in this R-2 district. Before hearing the merits of this petition, the Board of Appeal has to consider whether or not there is a substantial and material change from a previous petition for variances from use, parking, side setbacks and rear setbacks to allow the property to be converted to a three family dwelling and to construct a deck and stairs which was denied by the Board of Appeal on May 15, 1991 . The Board of Appeal, after hearing the evidence presented, and after receiving Consent from the Salem Planning Board, voted unanimously that there was a substantial change, said change being, the request is now for a two family and there will not be construction. The Board will hear the petition. The Variance requested may be granted upon a finding of the Board that: 1 . Special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings or structures in the same district. 2. Literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner. 3. 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. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1 . The petitioner has been the owner of this property for many years during which there were multiple kitchens in the house. 2. The present petition includes plans to remove one of these kitchens presently located in the house. 3. No exterior changes will be made to the house as the result of the petitioners plans. 4. The properties in the immediate neighborhood are predominantly two family or multi-family dwellings. • DECISION ON THE PETITION OF KATHRYN SAMMARTANO FOR A VARIANCE AT 13 BOARDMAN STREET, SALEM page two 5. The petitioner is willing and able to provide the relgirt d p3riyt% �8r a two family dwelling. C/Ty On the basis of the above findings of fact, and on the evide`fYce,,presel at the hearing, the Board of Appeal concludes as follows: 1 . Special conditions exist which affect the subject property but not the district in general. 2. Literal enforcement of the provisions of the Ordinance would involve substantial hardship to the petitioner. 3. The relief requested can 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. Therefore, the Zoning Board of Appeal voted unanimously, 5-0, to grant the Variance requested, subject to the following conditions: 1 . Petitioner shall comply with all City and State statutes, ordinances, codes and regulations. 2. The petitioner obtain a certificate of occupancy from the Building Inspector. 3. All requirements of the Salem Fire Department relative to smoke and fire safety are to be strictly adhered to. 4. Three (3) legal parking spaces are to be maintained on the property and are to be made available for free and open use by the residents of 13 Boardman St. 5. The property shall be owner occupied. 6. The petitioner will prepare a plan to detail the removal of a kitchen and this plan must be approved by the City of Salem Building Inspector. 7. No exterior changes will be made to the building. Variance Granted August 21 , 1991 Y Mary 4W Stirgwolt, ember, 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 Mass. General Laws, Chapter 308, and shall be filed within 20 days after the dctc of filing of this decision in the office of the City Clerk. Fvrsu=nt to Mans. General Laws, Chapter 308, Section 11, the Variance or =?;ecla! Permit granted herein shall not take effect until a copy of the decis!on, bnaring the cern"cation of the City Clerk that 20 days ha?r: elapsed and no appeal has been G.cd, or that, if zuch appeal has been Ned, that it has been dismissed or denied is recorded in the South Essax Registry of Deeds and indexed under the name er the owner of record or is recorded and noted 9.1 the owner's Certificate of Title. BOARD OF APPEAL ugiC Vl YCMMII Y[F MII IVO. VWIV CF LVIAIIVIV 12/7/76 #547 Vito Sammartano 13 Boardman Street STRUCTURE MATERIAL DIMENSIONS No.OF STORIES I No.OF FAMILIES WARD COST 1 $ 1,150 Dwelling BUILDER Richard Buchanan New brick steps. BOARD OF APPEAL - 5/15/91 - DENIED - Variances to allow construction of a deck and stairs and to convert to a three family. (Kathryn Sammartano) BOARD OF APPEAL: 8/21/91 - GRANTED - Variance to allow two family dwelling. I HAY 54 (City of ttlPm, � ttssttdtusP�t s Vottra of :�upenl DECISION ON THE-PE-T--IT-ION-OF KATHRYN SAMMARTANO FOR VARIANCES AT 3 BOARDMAN ST. (R-2) A hearing on this petition was held May 15, 1991 with the following Board Members present: Richard Bencal, Chairman; Joseph Correnti, Richard Febonio, Edward Luzinski and Mary Jane Stirgwolt. Notice of the hearing was sent to abutters and others and notices of the hearing were properly j)ublished in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting variances from use, parking, side setbacks and rear setbacks to allow the property to be converted to a three family dwelling in this R-2 district. the Variances which have 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 other lands, buildings and 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 withoutnullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented, and after viewing the plans, makes the following findings of fact: 1 . There was vigorous opposition from abutters and neighbors relating to density and parking. 2. Regina Flynn, President of the Salem Common Association, speaking for the Association, expressed their opposition to the granting of this petition. 3. Kevin Harvey, Councillor Ward 2, spoke in opposition to the granting of this petition, citing the extreme congestion of this neighborhood and the severe parking problems. 4. There was no show of support for this petition. 5. The petition failed to demonstrate or to meet her burden of proof relative to legal hardship. On the basis of the above findings of fact, and on the evidence presented, the Board of Appeal concludes as follows: DECISION ON THE PETITION OF KATHRYN SAMMARTANO FOR VARIANCES AT 13 BOARDMAN ST. , SALEM page two 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 Ordinance would not involve substantial hardship to the petitioner. 3. The relief 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. Therefore, the Zoning Board of Appeal voted unanimously, 0-5, 11gainst the motion to grant, having failed the garner the required four affirmative votes to pass, the motion is defeated and the petition is denied. Variances Denied May 15, 1991 Richard Febonio, Member, Board of Appeal A `FtQPY 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 4111 the Mass.General Laws, Chapter 808, and shall be filed within 20 days after the data of filing of this decision in the office of the City Clerk. CSE Pursuant to Mass. General Laws, Chaoter 808, Section I1,the Variance :z Gr :v>ecial Permit granted herein shell net take effect until a copy of the decision, bearing, the certification of the City Clerk that 20 days have elapsed and no appeal has been fired, or that, if such appeal has been filed, that it has been dismisseJ or denied is recorded in the South Essex Registry of Deeds and indexed under tha name or the owner of record or is recorded and noted on the owner's Certificate of Title. BOARD OF APPEAL QVi�r�i ✓L Dcz7— �o•M n CITY OF SALEM HEALTH DEPARTMENT PL t"_1 BOARD OF HEALTH gay 0 �:.-rl('v`A5S, Salem, Massachusetts 01970 . _- - - 9 NORTH STREET ROBERT E. BLENI(HORN - - HEALTH AGENT - :(508)m= 741-1800 APRIL 23, 1991, KATHERiiNE 5AMMARTANO 42 LINNAEN STREET CAMBRIDGE MA 02138 Dear Sir/Madam: In accordance with Chapter 111, Sections 127A and 12711r-of the Massachusetts General Laws, 105 CMR 400.00: State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for_Human.Habitation, an inspection was made of your property at k13 MAN STREET #1 -" Salem,Massachusetta, occupied by r- THOMAS NAPOLEON---f- _ This inspection was conducted by,,,- ,4 VIRGINIA MOIISTAKIS PABLO VALDEZ Salem Health Department, on 4/22/91 AT 9.30 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 Childhood Lead Poisoning Prevention Program at i 1-800-532-9571. BASED ON REINSPECTION CONDUCTED, ALL VIOLATIONS CITED IN HEALTH DEPARTMENT INSPECTION REPORTS HAVE BEEN CORRECTED, WITH EXCEPTION OF A MINOR TIGHTENING OF LIVING ROOM SIDE WINDOW LOCKING DEVICE. THANK YOU FOR YOUR COOPERATION. A CERTIFICATED OF FITNESS WILL BE ISSUED FOR THIS APARTMENT UPON RECEIPT OF COMPLETED APPLICATION FORM AND $25.00 MANDATED CHARGE (CHECK PAYABLE TO CITY OF SALEM) . RELATIVE TO 2ND AND 3RD FLOORS, PLEASE COMPLY WITH ALL BUILDING DEPARTMENT CODES. . SALEM HEALTH DEPARTMENT 9 9 North Street Salem, MA 01970 13 BOARDMAN STREET, III PAGE 2 ONE OR MORE OF THE ABOVE VIOLATIONS MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH, SAFETY AND WELL-BEING OF THE OCCUPANTS. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within seven (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: ROBERT E. BLENKHORN, C.H.O. VIRGINIA E. MOUSTAKIS Health Agent SANITARIAN REB/BAST Certified Mail 11 P 268 678 445 SEE ENCLOSED COPY OF SECTION F-502 OF STATE FIRE CODE. cc: Tenant Jim San— Buildine Inspector Este es un documento legal importante. Puede que afecte sus derechos. f 3 AP n 1 is Legal Remedies for Tc an s o -- - - -- ' Residential Housing THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LECAL REMEDIES TENANTS-MAY USE IN ORDER -10 GK( tIOUSING CODE VIOLATIONSCORRECTED.- - - . . ... . . . . _. I. Rent Withholding(General Laws Chapter J9 Section 8A) If Code Viofolions-are Not Being Currerrerl you may be erni¢cd to hold back your rent paymctns. You can do this without being c victed A. You can prove that your dwelling unit or common areas contain code violations which are serious enough toendangcror materia ally impair your health;or safety and that your landlord knewabout the violations before you were behind in your rent Br You did not cause th:_Violations and they can be repaired.whiie you continue to live in the building. �. You are prepared,,to pay any portion of(he rentinto court if a judge orders you to pay it.(For this it is best to put the rent uroney aside in a safe place.) 2. . RepairaildDeduct lGeneraFLawsChapmraftSection127L)i The late sometfn cs allows yottlo use your rent money to make the repairs yourself. If your local code enforcement agency certifiesthae there are code violations.whichtndanger:or materially impair your health,.safety or well-being and your landlord has received written'noncr _ :.o[tiheviotation9,you maybe able.to ys<this.remedy Lf ihe;owner faits to tugm necessary repaym s(onto enter [o a wutceii,contract to have tbem made)within rive days after notice or complete repairs within 14 days after notice you can 1.use up to four monihs`rent in anyyear to 3. Retaliatoey RentAncreasesor Evictions Prohibited(General Laws Chapter 186,SCCOOnr IS and Chapter239-Sect ion2A). The owner may,no ncrea a youj im or evict you in retaltution.for making a�complaint toyour local code enforcement agency about rcode violationsiftheovinert-Micsyourrent ortriestoenctwithittr'six-months,afier you have made the complaint he or she will.havc-toshow_. _ a good reason forihe increase or aviction which is unrelated to�Ycmr complaint..You may be able to sue the landlord for damages if he or she tries this. .. . -.: 3t.I� Rent Recetyershtp,(General Lavvs Chapter,i_I l Sections 127C-H).: The occupants and/or the board of health may.petition.the District or Superior Court to allow rent to be paid into court rather than to. the owner.,Tjiecourtmay then appot nt`a"receivcC'06may spetrd-as much of the:rent money anis needed to correct the violation. The re--- :;.ceiJer is It subjectto a spending limitation of four months'.rent._;;- - S. 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 docs not meet minimum stand- ards of habitability. - 6. Unfair and Deceptive Practices(General Law's 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 WIT"HHOLD YOUR 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 CONTACTTHE NEAREST LEGAL SERVICES OFFICE WHICH IS: Neighborhood Legal Services 1-617-599-7730 t, (NAME) - (TELEPHONE NUMREIO 37 Friend St. Lynn Ma 01902 _ (ADDRESS)` FORMI HOBBS&WnRRfN 1NC_NOV.1979 ;� „•` SALEM HEALTH DEPARTMENT T e � 9 North Street Page 1 of_ Salem, MA 01970 STATE SANITARY CODE, CHAPTER II: 105 CMR 410.000 . pp"MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION" OCCUPANT: ;rl7n0 S / la 0:�! /�F0A) PHONE: 7yl- 3.330 ADDRESS: / APT. ! FLOOR / OWNER: ADDRESS: iia 1/1VA,1gP v ,Sf C a o,1i 3 6J /(cr INSPECTION DATE: TIME: �OAn1 CONDUCTED BY: ///f/,( /P�/q� Z ACCOMPANIED BY: &j,/,7�r ANTICIPATED REINSPECTION DATE: SPECIFIED REG. 0 TIME 410. . .. VIOLATION LX _ �N sS 911tL 6sea T zy oG �n _ ti 9 iU' LL ti One or more of the above violations may endanger or materially CG.- impair the health, safety and well-being of the occupant(s) cc. 17(m S'gxr/) Signed and certified under the pains and penalties of perjury CODE ENFORCEMENT INSPECTOR Este es un documento legal importante. Puede que afecte sus derechos. Puede adquiriruna traduccion de esta forma. f G!4 s 1 �\� coeurti�y_._ .. @. ry 1js1 fel,' AL1, 3 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH fSl i E1VF I Salem, Massachusetts 01970 C$TYO jwL sS, 3 SS, ROBERT E. BLENKHORN 9 NORTH STREET HEALIH AGENT March 14, 1991 16171 741-IB00 Kathryn Sanuartano Kathryn Samnartano P.O. Box 950 42 Linneaen St. Prudential Center Ca,.bridge, Pia 02138 Boston, Ma 02199 Dear Ms. Sanmlartano: A hearing was-conducted-at--Salem District Court today 3/14/91 relative to your property at�13 Boardman Street which currently contains two illegal apartments. At this hearing, the Clerk Magistrate continued the matter to March 27, 1991 at 11:30 a.m. , at which time you must appear. Or. March 5, 1991 this department received a written cam=ication from you that you would not be available on the 14th as you would be in Sweden and that you would be notifying the Court, and that repairwork would be commencing. To date, the Salem District Court has not received any communication from you nor has any repairwork been performed in the Napoleon apartment. In addition, you are in gross violation of the Mass. Fire Code by leaving the entire rental dwelling, consisting of three apartments, completely unprotected by not having any smoke detectors, and in violation of the Building and Health Codes. Because there is a lack of a good faith effort being made to protect your tenants and the building, unless you appear in Court on the 27th, this department will be forced to take more stringent action to effect compliance for the health, safety and well-bding of your tenants. We await your immediate response. FOR THE BOARD OF EIEALTH R1�7LY TO: ROBEILP E. BL1N1OF-V, C.I1.0. VTRGINTTA MOOSTAKIS JEFAI TH A= SANITARIAN RMB/g cc: Nonan LaPointe, Fire Prevention Building Inspector. Thomas Napoleon, 13 Boardman St. Apt. 41 �ui�^� �G�t`�.,n. J /3Zf Ci L� U /9 C. 1"2 G Ap 14; kll 19 74e 192 ;7 l q 7`{ 11! 71 c� 11 ti J _tea , . . , . . --- - — � - -- t T�-- i - �: _ __ K UNITED STATES POSTAL SERVICE I I I I OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address and 21P Code In the space below. • Complete items 1,2.3,and 4 on the U reverse. USO • Attach to front of article if space permits, otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP ode in the space below. TO /%7 • SENDER: ,Complete items 1 and`2 when'additional services are desired, and complete items 3 and 4. Put your address in the"RETURN.TO" Space on the reverse side.'Paildre fo do this will prevent this card from bamg returned to you.The return recei t fee will rovide ou the name of the erson delivered to and the date of deliver . For ad itiona ees t e o lowing services are ava�a e. onsult postmaster for Tees an check box les or additional service(s)requested. 1. ❑ Show towhom delivered, date, and addressee's address. 2. ❑ Restricted Delivery l(Extra charge) I (Extra charge) 3. Article Addressed to: „!' 4. r�ticcle/Nuumberr p 7 n P- 491 Type of Service: ''C❑ egistered ❑ Insured ertified El uu Express Mail ElReturn Receipt for Merchandise Always obtain signature of addressee S or agent and DATE DELIVERED. 5 i atu — r 8. ess (ONLY if At ) C. Si ature — Agent 7. Date of Delivery \� PS Form 3811, Apr. 1989 *LLS.G.P.0.1989-238815 �, RETURN RECEIPT Cftp of *atem, Alnoacb gettg Public Propertp Department Auitbing Department One i8alcm &teen 745-9595 ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer February 22, 1991 Ms. katherine Sairmartano 42 Linneaen Street Cambridge, Ma. 02138 RE: 13 Boardman St., Salem,MA Dear Ms. Samiartano, This office has received complaints from the Salem Board of Health concerning second means of egress frau the third floor. Acting on this complaint, further inspection of the above referenced property, our findings are as follows. r Property is only a single family dwelling and not a legal three family, this is a violation of Salem Zoning. To correct this violation you should cane into this office and apply for permits or applications to Board of Appeal. Failure to comply to this notice will result in this office taking legal action. Sincerely, 5 James D. Sand o Assistant Building Inspector JDS/eaf cc: City Solicitor Board of Health Fire Prevention Ward Councillor . C0*ftz + ;3 . qq CITY OF SALEM HEA HEALTH DEPARTMENT �S Pf '1 BOARD OF HEALTH RcE't'va 9 North Street tC`11TYOF ShcEhf,f94g� ROBERT E.BLENKHORN ` Salem, Massachusetts 01970 HEALTH AGENT - - 508-741-1000 -- DATE: FEBRUARY 5, 1991 - MS. KATHERINE SAMMARTANO j 42 LINNEAEN STREET CAMBRIDGE, MA 02138 DearSir/Madam: - In accordance with Chapter I11 , . Sections 127A and 127B, of the Massachusetts General Laws, 105 CMR 400.00: State .Sanitary Code, Chapter I: General Admin- istrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter II: Minimum Standards of-Fitness for Human Habitation, an inspection was made of - - -- - . your property at 13 BOARDMAN STREET, #1'4�r in the City of Salem occupied by THOMAS NAPOLEON--- --`This inspection was conducted by V MOOSTAKIS AMD P. VALDEZ of the Salem Health Department, on 7/4/91 AT 10 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 Poion- ing Prevention and Control." -For further information or to request an inspection, contact the Childhood Lead Poisoning Prevention Program at 1-800-532-9571 . BASED ON TENANT COMPLAINT, AN INSPECTION WAS CONDUCTED AND THE FOLLOWING NOTED: KITCHEN 5 DAYS .500 Ceiling paint is chipping and flaking -. owner must scrape, patch and repaint. 5 DAYS .480 No operating locks on either window as mandated;. 7 DAYS .480 Left window has broken sashcord.- replace. 7 DAYS .500 Right window has cracked storm and does not fit. .501 Replace storm window and repair window. LIVING ROOM 10 DAYS .500 Wooden flooring is splintering in some areas. Owner to check and make necessary repairs (sanding etc) a ' bt SALEM .HEALTH DEPARTMENT 9 North Street Salem, MA 01970 VIOLATIONS -(continued) LIVING 'ROOM (CON'T) 15 DAYS .500 Ceiling paint flaking. Ceiling and wall stows evidence of leak. .501 Investigate leak, ,repair and repaint all flaking paint must be scraped, patched and repainted. 7 Days .500 Right window has broken sashcord - replace. 7 Days :-500 Left window has broken sashcords - replace. ' • i � BEDROOM 7 Days .500 Side window missing sashcord - replace. 7 Days :500 Front wondow missing sashcord - replace. NOTE: 24 HOURS .482 There are no smoke detectors in this apartment as mandated. We are refferinA to Fire Prevention Department for Certificate of Compliance. BACK HALLWAY 24 HOURS .482 There are no-smoke detectors in this hallway of thisr3 apartment .Cb'uild ni¢_as- mandate_d)Owner msut provide hardwired-0etectors for this hallway ( 110 volts interconnected) We refer to Fire Prevention for Certificate of Fire Detector Compliance. Contact Fire Prevention immediately. FRONT HALLWAY 24 HOURS .482 No operating smoke detectors - owner must provide hardwired detectors ( 110 .volt interconnected) EXTERIOR.PREMISES r24 HOURS .450 NOTE: Ouestion second means of-eeress"from 3rd floor roof via &---' metal`ladder:—We are-referring`to-Bui-lding Inspector for further invessttigatation, and evaluation and determination. BACK HALLWAY 15 Days .500 Ceiling has flaking paint - owner to scrape, patch and repaint. NOTE: This apartment was not inspected by this Department with regard to a Certificate of-Fitness which was -to be- issued prior - to renting this apartment. NOTE: That fines can be sought against owner for each days failure to obtain Certificate. Enclosed are application form, copy of. City Ordinance and Notice Letter. 24 HOURS .481 Owners name, address and phone number are not posted in front hallway first floor on sign no less than 20 square inches in size as mandated by code. SALEM HEALTH DEPARTMENT .,.� Page .3 of. 3 9ANorth Street - Salem, MA 01970 Property in Salem at: 13 Boardman St. 111 Tenant: Thomas Napoleon ONE OR MORE OF THE ABOVE VIOLATIONS MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH, SAFETY AND WELL-BEING OF .THE OCCUPANTS. - Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem Dietrict Court. Should you be aggrieved by this Order, you have the right to request a hearing before the Board 6f. Health. A request for said hearing must be received in writing in the office of the Board of Health within seven (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 6e 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 oulined in the enclosed inspection report form. FOR THE BOARD OF HEALTH REPLY T0: ROBERT E. BLENKHORN., C.H.O. VIRGINIA E. MOUSTAKIS HEALTH AGENT SANITARIAN REB/BAS Certified Mail # P 268 678 352 Encls. 3 cc Buildine Inspector c--`Fire Prevention" `—` y" ` Este es un documento legal importante. Puede que 'afecte sus derechos. CITY OF SALEM9 MASSACHUSETTS PUBLIC PROPERTY DEPARTMENT 120 WASHINGTON STREET, 3RD FLOOR - SALEM, MA 01970 TEL. (978) 745-9595 EXT. 380 FAX (978) 740-9846 _ STANLEY J. LISOVICZ, JR. PETER STROUT, DIRECTOR OF PUBLIC PROPERTY MAYOR December 20, 2001 COPY Attorney Richard Kallman Ipswich River Place 4 South Main Street, Suite#1 Ipswich, Ma 01938 RE: 13 Boardman Street Dear Sir: As you are now aware, the third floor of 13 Boardman Street has been an onging zoning violation for about 10 years. To resolve this matter, I would suggest either of the following: A) Hire a licensed plumber to remove and cap all the plumbing pipes associated with the kitchen sink. B) If the buyer wishes to utilize the plumbing in the third floor, they can provide an affidavit stating they will combine the second and third floor to create one unit. Either of these options would satisfy this Department. Thank you, v� a Thomas St. Pierre Local Building Inspector