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12-14 Cherry Street Inspection 8-7-2003 CITATION'. , �� CITATION NO. OOURT DOCKET NO, N1 COURT DOCKET NO. p 2 3 9 6 ~ CITY;:OF SALEM A CITY OF SALEM VIOLA-10 NOTICE ,, VIOLATION NOTICE NAME(LAST,FIRST,INITIAL) t NAME(LAST,FIRST,INITIAL) 00ir" STREETADDRE a't CIT,YTATE �ZIP CITY/TOWN STATE ZIP 't, STREET ADORES Ltc;Exp.DATE ~�,RATE OF BIRTH{ LIC.EX P TE DATE OF BIRTH UCENS.E NO."" ) LICENSE NO. r OWNER'S NAME(LAST FIRST,INITIAL) fi OWNER'S NAME(LAST,FIRST,INITIAL) LAti� �VJI� STREETADDRESS" CITY/TOWN'` STATE_,' ZIP STREET ADDRESS CITY/TOWN STATE ZIP r REGISTRATION NO: STATE EXP.DATE KE(TYPE YEAR COLOR ".REGISTRATION NO. "STATE EXP.DATE KE(IYPE," YEAR GOLOP Ord � DATE CITATION WRITTEN pERSSONAL PERSONAL DATE OF VIOLATION TIME , DYES DATE OF VIOLATION TIME DATE CITATI/OWN WRITTEN INJURV // MJf / .F 7/O� ❑YES Fey . PM ENFORCING DEPT P1�y ��r�PM ENFORCING DEPT. LOCATION OF VIOLATION r LOCATION OF VIOLATION CHAP. SECT. FINES CHAP. SECT. FINES pFFEIVS CZ ,,{ �e.' OFFENSE s.. Ae„rjs9/01es�//f� �/L'4� OJr 7� B i J9 ,17 r . c1t c C �. 1.0.NO. -ii I.D.No. TOTAL OFFICER} FINE OFFICER FINE ��8© D DUE OFFICE CERTIFIES COPY GIVEN TO VIOLATOR F OFFIC CERTIFIES COPY GIVEN TO VIOLATOR IN HAND" IN HAND „[ Y MAIL QTY MAIL �01M!�AIL;� yASH- ON, POSTAL NOTE MONEY _^ - N MAIL CASH- ONLY BY POSTAL NOTE,MONEY ORDER OR BY CHECK MADE.PAYABLE TO; RDER OR BY CHECK MADE PAYABLE TO: CITYCLERK_ 'Y CITY CLERK CITY HALO CITY HALL 93 WASHINGTONREET ST : 93 WASHINGTON STREET SALEM,MA 01970 SALEM,MA 01970 TEL.(508)745-9595 X 251 TEL.(508)745-9595 X 251 1 HEREBY,ELECT TO EXERCISE THE FIRST OPTION AS STATED ON;` , I HEREBY ELECT TO EXERCISE THE FIRST OPTION AS STATED ON REVERSE;CONFESS TO THE.OFFENSE CHARGED AND ENCLOSE.Y�,; REVERSE, CONFESS TO THE OFFENSE CHARGED,AND ENCLOSE . PAYMENT IN THE AMOUNT OF PAYMENT IN THE AMOUNT OF - - CASE CASE# — — SIGNATURE �: SIGNATURE SEE OTHER SIDE FOR-FURTHER INFORMATION SEE OTHER SIDE FOR FURTHER INFORMATION ENCLOSE PAYMENT IN THi$ENVELOPE;PEEL AND SEAL ENCLOSE PAYMENT IN THIS ENVELOPE,PEEL AND SEAL I ca CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 TEL. 978-741-1 800 FAX 978-745-0343 STANLEY J. USOVICZ, JR. .JOANNE SCOTT, MPH, IRS, CHO MAYOR HEALTH AGENT August 8,2003 Cherry Street Realty Trust C/o Ed Quill 20 Prince Street Beverly, MA.01915 Dear Mr. Quill: In accordance with Chapter 111, Sections 127A and 127E 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 conducted of your property at 12-14 Cherry Street in the City of Salem, Massachusetts, by Jeff Vaughan,Sanitarian of the Salem Board of Health on August 7,2003.The following violations of the State Sanitary Code were noted,as checked ; _X_ CMR 410:600 Storage of Rubbish and Garbage _ CMR 410:601 Collection of Rubbish and Garbage X CMR 410:602 Maintenance of Areas Free From Garbage and Rubbish(A through D) BOH Regulation#7 Description of Violations: See Enclosure(s) 410.600: Storage of Rubbish and Garba e (A) Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight-fitting covers. Said receptacles and covers shall be of metal or other durable, rodent-proof material. Rubbish shall be stored in receptacles of metal or other durable,rodent- proof material. Garbage and rubbish shall be put out for collection no earlier than the day of collection. (B) Plastic bags shall be used to store garbage or mixed rubbish and garbage only if used as a liner in watertight receptacles with tight-fiting covers as required in 105 CMR 410.600(A) provided that the plastic bags may be put out for collection except in those places where such practice is prohibited by local rule or ordinance, or except in those cases where the Department of Public Health determines that such practice constitutes a health problem. For purposes of the preceding sentence,in making its determination,the Department shall consider, among other evidence of strewn garbage,torn garbage bags,or evidence of rodents. (C) The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling place shall be responsible for providing as many receptacles for the storage of garbage and rubbish as are sufficient to contain the accumulation before final collection or ultimate disposal, and shall so locate them to be convenient to the tenant that no objectionable odors enter any dwelling. (D) The occupants of each dwelling, dwelling unit,and rooming unit shall be responsible for the proper placement of her or his garbage and rubbish in the receptacles required in 105 CMR 410.600(C)or at the point of collection by the owner. 410.601: Collection of Garbage and Rubbish The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling place shall be responsible for the final collection or ultimate disposal or incineration of garbage and rubbish by means of: (A) The regular municipal collection system;or (B) Any other collection system approved by the Board of Health;or (C) When otherwise lawful,a garbage grinder which grinds garbage into the kitchen sink drain finely enough to ensure its free passage, and is otherwise maintained so as not to create a safety or health hazard; or (D) When otherwise lawful,a garbage or rubbish incinerator located within the dwelling which is properly installed and which is maintained so as not to create a safety or health hazard; or (E) Any other method of disposal which does not endanger any person and which is approved in writing by the Board of Health (see 10410.840) 410.602: Maintenance of Areas Free From Garbage and Rubbish (A) Land: The owner of any parcel of land,vacant or otherwise,shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage, rubbish,or other refuse.The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety and well-being of the occupants of any dwelling or of the general public. (B) Dwelling Units: The occupant of any dwelling unit shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish,other filth or causes of sickness that part of the dwelling which s/he exclusively occupies or controls. (C) Dwellings Containing Fewer Than Three Dwelling Units: In a dwelling that contains fewer than three dwelling units,the occupant shall be responsible for maintaining in a clean and sanitary condition free of garbage, rubbish,other filth or causes of sickness the stairs or stairways leading to her or his dwelling unit and the landing adjacent to her or his dwelling unit if the stairs,stairways,or landing are not used by another occupant. (D) Common Areas: In any dwelling,the owner shall be responsible for maintaining in a clean and sanitary condition free of garbage, rubbish, other filth or causes of sickness that part of the dwelling which is used in common by the occupants and which is not occupied or controlled by the occupant exclusively. (1)The owner of any dwelling abutting a private passageway or right-of-way owned or used in common with other dwellings or which the owner or occupants under her or his control have the right to use or are in fact using shall be responsible for maintaining in a clean and sanitary condition free from garbage, rubbish,other filth or cause of sickness that part of the passageway or right-of-way which abuts her or his property and which s/he or the occupants under her or his control have the right to use, are in fact using,or which s/he owns. Board of Health Regulation#7 Section 3.10: Containers or Bundles of Household and Ordinary Commercial Waste Garden and Lawn Waste: These shall be placed at the outer edge of the sidewalk appurtenant to the premises of the owner not later than 7:00 a.m.on the day of collection and not before 6:00 p.m. on the day preceding the day of collection,and shall be removed from the sidewalk on the same day as emptied. No commercial establishment shall place or cause to be placed more than four barrels or other containers of ordinary commercial wastes or any extraordinary commercial or industrial wastes or tree waste upon any sidewalk or way for disposal. You are hereby Ordered to make a good faith effort to correct these violations within 24(twenty four)hours of receipt of this notice. Failure on your part to comply whin the specified time will result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this order,you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 Days of receipt of this order. At said hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders, and other documentary information in the possession of this Board,and that any adverse party has the right to be present at the hearing. One or more of the above violations constitutes a condition which may endanger or materially impair the health or safety and well-being of the occupant(s)or the general public. If you have any questions, kindly contact this office at(508) 741-1800. For 1t/he/Bard of Health: A Reply to: ld�nne Scott Jeff Vaughan Health Agent Sr.Sanitarian CC: c-g-trash CITY OF SALEM HEALTH DEPARTMENT Salem, Massachusetts 01970 Trash Letter Violations To:_ cf/, « 12e-aC Tiwsr Ems:! ;« Date: Address: Time. City / State: _ ��. �,-1y o Property At: Violation Numbers: k-`600: Storage of Rubbish and Garbage 601: Collection of Rubbish and Garbage _/602: Maintenance of Areas From Rubbish and Garbage B.O.H. Regulation #7 Complaint: — _ — �i/rain-�� C/.✓�2 _TJ".�J'/5✓ 5��.2./��r �'�C/���S�9i 7.e —�.----- Ge Cr-c:�r�-� `! _��_i.e Ty-�J:L/'Y��y—.ti.�+/�'f+�._.✓ c��s7�s_�---- C�C�.9� /:��� Cam_-c' �[•9��37Z'-e���ir�r��4'j !�L^C�ccoC cc: Mayor's Office Fire Prevention Building Inspector Ward Councillor Other -. v�OecT,c✓d Dir/ A� /y, /- ,4-- 7U CO.riacGT �-�% /ems vCT �;.� .9 F'•�e . _,CQ]+j I�gY OUITCL]lI]E D8® :461 SEED as CHERRY STREET REALTY ASSOCIATES, LLC, a Massachusetts Limited Liability Company, with an usual place of business at 20 Prince Street, Beverly, MA 01915 for nominal consideration w GRANTS TO DAVID A. CARNEVALE, of 20 Prince Street, Beverly, MA 01915, EDWARD J. GILMARTIN,. 18. Ocean Avenue, Salem, MA 01970 and EDWARD QUILL, 452 Essex Street, Beverly, MA 01915 w AS TENANTS IN COMMON w Z% WITH QUITCLAIM CCVSNANTS 54 aai The land, with the buildings and improvements thereon, commonly known as 12, 14 and 16 Cherry Street, situated in Salem, Massachusetts, bounded `D and described as follows: EASTERLY: By Cherry Street, sixty-six and four tenths (66.4) feet; SOUTHERLY: by land now or formerly of Perkins, two hundred and eighty and seven tenths (280.7) feet; WESTERLY: by Florence Street fifty-five (55) feet; and NORTHERLY: by land now or formerly of Bouchard, two hundred and seventy-eight and eight tenths (278.8) feet. a► aSee Plan Book at Essex South District Registry of Deeds, Book 63, Plan . 0 50. W Subject to an easement to Salem Electric Light Company recorded in Essex O Registry of Deeds, in Book 3689, Page 231. 0 awe+ Said premises are conveyed subject to mortgages held by Heritage at Cooperative Bank and North Shore Bank, which mortgages (and the notes 41 0 they secure) the grantees, by the acceptance and recording of this deed, hereby assume and agree to pay. For title, see deed of David A. Carnevale, Trustee, dated April 27, 2000, recorded with the Essex (South District) Registry of Deeds, Book 16405, Page 324. Meaning and intending to confirm Deed dated December 20, 2001, recorded with said Deeds, Book 18118, Page 180. NO TITLE EXAMINATION WAS REQUESTED OR UNDERTAKEN IN CONNECTION WITH THE WITHIN TRANSFER. IN WITNESS WHEREOF, the said Cherry Street Realty Associates, LLC has caused its seal to be hereto affixed and these presents signed, acknowledged and delivered in its name and behalf by David A. Carnival, Edward J. Gil rtin and Edward Quill, its Managers, hereto duly authorized, this �� day uary, 20 2. W the Is I]a A. Carrig, e, Manage �t s✓. W' ness Edw M er Wit ess EBward Quill, Manager 8 i8 14� Bk:18161 N:468 2 01/0912M 09.46:90 DEED PO 212 C.`OMMONWEALTH OF MASSACHUSETPS Essex, Ss. January 2002 Then personally appeared the above-named and Edward J. Gilmartin, Manager, as aforesaid, and acknowledged the foregoing instrument to be the free act and deed of Cherry Street Realty Associates, LLC, before me, ota Public ,� sa�f�7lyjy My Commission Expires: 2002100101647 Bk;19334 Pg;49 10/01/2002 13:02:00 DEED Pg 1/2 QUITCLAIM DEED DAVID A. CARNEVALE, as he is TRUSTEE of 12, 14 & 16 CHERRY STREET SALEM REALTY TRUST, under a Declaration of Trust dated April 12, 2002, recorded with the Essex (South District) Registry of Deeds, Book 18599 Page 211 , of 24 Prince Street, Beverly, MA 01915 for nominal consideration GRANT TO 12, 14 & 16 CHERRY STREET SALEM, LLC, a Massachusetts Limited Liability Company, with an usual place of business at 24 Prince Street, Beverly, CCd MA 0191.5 +; °} WITH QUITCLAIM COVENANTS as a.� mThat certain parcel of land, with the improvements thereon, now known as ,C and numbered 12, 14 and 16 Cherry Street, Salem, Essex County, c) Massachusetts, being shown as Lot C on a Plan of Land entitled "Plan of %0 Land in Salem, MA, prepared for David Carnevale prepared by Vernon J. LeBlanc, PLS 161 Holten Street, Danvers, MA dated November 27, 2000 Revised May 28, 2001 Scale 1"=20"', recorded with the Essex (South District) Registry of Deeds, Plan Book 3Sg , Plan . N { Lot C contains 12,347 square feet of land, more or less, according to said plan. Said premises are subject to and have the benefit of the following: a. H All applicable easements, conditions and restrictions of record at w said Registry of Deeds. w 0 A Decision of the Salem Zoning Board of Appeals referenced in a 0 Deed recorded with said Registry, Book 14045, Page 589 and also 4J referenced in a Deed recorded in Book 16340, Page 424. N u ° Also, see a Decision of the Salem Board of Appeals, dated April a 25, 2001 and recorded with said Registry, Book 18062, Page 144. For title, see Deed David A. Carnevale and Edward C. Quill, dated April 12, 2002, recorded with said Registry, Bookl8599, Page 218. NO TITLE EXAMINATION WAS REQUESTED OR UNDERTAKEN IN CONNECTION WITH THE WITHIN TRANSFER. WITNESS my hand and seal this day of 2002. Witness David A. Carneval , Trustee Witne 2002100100647 Bk;19334'0g:50 2 10/01/2002 13:02:00 DEED Pq 2/2 COMMONWEALTH OF MASSACHUSETTS Essex, ss. " (3 , 2002 Then personally appeared the above-named David A. Carnevale, Trustee, as aforesaid, and acknowledged the foregoing instrument to be his free act and deed, before me, Leona A. onfanti, Notary Public My Commission Expires: 1/31/03 �lIIQMMI�II�IIIII��IIII�UWM Z00 IMN512 BU8118 WIN pt:4_1 12/29/2001 12!54:00 DEED1/2 QUITCLAIM DEED CHERRY STREET REALTY ASSOCIATES, LLC, a Massachusetts Limited Liability C y Company, with an usual place of business at 20 Prince Street, Beverly, MA 01915 J for nominal consideration GRANTS TO DAVID A. CARNEVALE, of 20 Prince Street, Beverly, MA 01915, EDWARD J. GILMARTIN, 18 Ocean Avenue, Salem, MA 01970 and EDWARD QUILL, 452 Essex Street, Beverly, MA 01915 AS TENANTS IN COMMON WITH QUITCLAIM COVENANTS The land, with the buildings and improvements thereon, commonly known as 12, 14 and 16 Cherry Street, situated in Salem, Massachusetts, bounded and described as follows: EASTERLY: By Cherry Street, sixty-six and four tenths (66.4) feet; SOUTHERLY: by land now or formerly- of Perkins, _-_two hundred and eighty and seven tenths (280.7) feet; WESTERLY: by Florence Street fifty-five (55) feet; and . _ NORTHERLY: by land now or formerly of Bouchard, two hundred and seventy-eight and eight tenths (278.8) feet. See Plan Book at Essex South District Registry of Deeds, Book 63, Plan 50. Subject to an easement to Salem Electric Light Company recorded in Essex Registry of Deeds, in Book 3689, Page 231. fi Said premises are conveyed subject to mortgages held by Heritage Cooperative Bank and North Shore Bank, which mortgages (and the notes they secure) the grantees, by the acceptance and recording of this deed, hereby assume and agree to pay. For title, see deed of David A. Carnevale, Trustee, dated April 27, 2000, recorded with the Essex (South District) Registry of Deeds, Book 16405, Page 324. NO TITLE EXAMINATION WAS REQUESTED OR UNDERTAKEN IN CONNECTION WITH THE WITHIN TRANSFER. IN WITNESS WHEREOF, the said Cherry Street Realty Associates, LLC has caused its seal to be hereto affixed and these presents signed, acknowledged and delivered in its name and behalf by David A. Carnevale and Edward J. Gilmartin, its Managers, hereto duly authorized, this A07N day of ece r 20 l wi esa David A. Carney e, Manager bar _ fitness 'p1 Edward .T. Gilmartin, Manager Aftelems. ar��& �onfwt1, LiP 27 Lowell street Peabody.MA 01M 2 2801122BN512 0:18118 P081 12/2812861 12:6J4.09 DEED Pe 212 r COMMONWEALTH OF MASSACHUSETTS Essex, ss. ,:,cucnit�er 2-6 , 2001 Then personally appeared the above-named Edward J.Manager, as aforesaid, and acknowledge Gilmartin, d the foregoing instrument to be the free act and deed of Cherry Street Realty Associates, LLC, before me, of Public.4e jo,ed fA fvr/ My Commission Expires COMMONWEALTH OF MASSACHUSETTS Essex, ss. December 27 , 2001 Then personally appeared the above-named David A. Carnevale, Manager, as aforesaid, and acknowledged the foregoing instrument to be the free act and deed of Cherry Street realty Associates me, , LLC, before M t rY Public y Commission Expires: Now t _ Arimbs.rr �ar..t � UI DBRD �IIII��I�i�llll����IIII�I IIM { ° �'`'�'" 21M788884 Bk:18599 P9:115 ` 0411712002 15:51:00 DEED Ps 112 DAVID A. CARNEVALE and EDWARD C. QUILL, both of Beverly, Essex County, MA for nominal consideration GRANT TO DAVID A. CARNEVALE, as he is TRUSTEE of 12, 14 & 16 CHERRY STREET SALEM REALTY TRUST, under a Declaration of Trust of even date, to be recorded herewith at the Essex (South District) Registry of Deeds, of 20 Prince Street, Beverly, MA 01915 WITH QUITCLAIM Comu-NTS That certain parcel of land, with the improvements thereon, now known as and numbered 12, 14 and 16 Cherry Street, Salem, Essex County, Massachusetts, being shown as Lot C on a Plan of Land entitled "Plan of Land in Salem, MA, prepared for David Carnevale prepared by Vernon J. LeBlanc, PLS 161 Holten Street, Danvers, MA dated November 27, 2000 Revised May 28, 2001 Scale 1"=20111, recorded with the Essex (South District) Registry of Deeds, Plan Book Plan . ► e-reallfh 4 Lot C contains 12,347 square feet of land, more or less, according to said plan. Said premises are subject to and have the benefit of the following: All applicable easements, conditions and restrictions of record at said Registry of Deeds. A Decision of the Salem Zoning Board of Appeals referenced in a Deed recorded with said Registry, Book 14045, Page 589 and also referenced in a Deed recorded in Book 16340, Page 424. Also, see a Decision of the Salem Board of Appeals, dated April 25, 2001 and recorded with said Registry, Book 18062, Page 144. Meaning and intending to convey to said EDWARD C. QUILL a portion of my present two-thirds interest in said Lot C with the result that we each then own a one-half undivided interest therein AS TENANTS IN COMMON. For title, see Deed recorded with said Registry, Book 18118, Page 180 as confirmed by Deed recorded with said Registry, Book 18161, Page 467, Deed recorded with said Registry in Book 18161, Page 472 and Deed of 1� Z902841W b4sak 1 s pg;219 Deed recorded with said Registry in Book 18161, Page 472 and Deed of David A. Carnevale to Edward C. Quill, of even date, to be recorded herewith. NO TITLE EXAMINATION WAS REQUESTED OR UNDERTAKEN IN CONNECTION WITH THE WITHIN TRANSFER. WITNESS our hands and seals thi ay 2002. A j�c� T�% fitness David A. arnevale Wipffliss Edward C. QuYll COMMONWEALTH OF MASSACHUSETTS Essex, ss. fYxxt_Y 2002 Then personally appeared the above-named David A. Carnevale and Edward C. Quill and acknowledged the foregoing instrument to be their free act and deed, before me, o a Public v LWj-W* 7-i' My Commission Expires: 10/30/2006 09:26 FAX 1 978 927 7584 DAVID CARNEVALE 0 001 9't8 921-3155 ROPES PEST CONTROL, INC. 978.460.3570 P.O-BOX 2512•SOUTH HAMILTON,MA 01962 Order No. Date Tel,Horne 7'y Owner �/ `r.• Atldress i�'- 1 � "/ �f !1+��LY S:i �;i'}2 Lam►', Pest k• 10 CHEMICALS USED % AMOUNT EPA REG,NUMBER ' ' � l L N ,v I i� V'1 rC•/ �/ r ' Sami eman Signed by 06/20/00 12:44 inst. 131% QUITCLAIM DEED DAVID A. CARNEVALE, as he is 'TRUSTEE of C, G & Q REALTY TRUST, under a Declaration of Trust dated April 7, 1997, recorded with the Essex (South District) Registry of Deeds, Book 14045, Page 579, of Beverly, Essex County, MA a� -.4 for nominal consideration GRANTS TO "' CHERRY STREET REALTY, LLC, a Massachusetts Limited Liability Company, W with an usual place of business at 20 Prince Street, Beverly, MA 01915 W W 4 WITH QUITCLAIM COVENANTS v The land, with the buildings and improvements thereon, situated in Salem, Essex County, Massachusetts, bounded and described as follows: EASTERLY: By Cherry Street, sixty-six and four tenths (66.4) 14 feet; W SOUTHERLY: by land now or formerly of Perkins, two hundred and eighty and seven tenths (280.7) feet; WESTERLY: by Florence Street fifty-five (55) feet; and .,., NORTHERLY: by land now or formerly of Bouchard, two hundred and a.� seventy-eight and eight tenths (278.8) feet. 0 0 w See Plan Book at Essex South District Registry of Deeds, Book 63, Plan w 50. 0 0 Subject to an easement to Salem Electric Light Company recorded in Essex 43 Registry of Deeds, in Book 3689, Page 231. co 0 Said premises are conveyed subject to a mortgage held by Heritage Bank and a second mortgage to North Shore Bank, which mortgages (and the notes they secure) the grantee, by the acceptance and recording of this deed, hereby assumes and agrees to pay. For title, see deed of David A. Carnevale, dated April 7, 1997, recorded with the Essex (South District Registry of Deeds, Book 14045, Page 589. WI ESS my hand and seal this 27x ay of ril 2000. it e s s' David A. Carnevale, Trustee wit s COMMONWEALTH OF MASSACHUSETTS Essex, ss. April 27 2000 Then personally appeared the above-named David A. Carnevale, Trustee, as aforesaid, and acknowledged the foregoing instrument to be his , re.r, act and deed, before me, Leonard A. BOrftnt $ if� ln�t.. o rd A. 4onfNotary Public AnkeM" H&TW 97 LOW811 SM04 My Commission Expires: 1/31/2003 W '01""' ( )5131-7a#Xf; eoport4 at Y� �a►rma Sri CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH 9 North Street Salem, Massachusetts 01970 508-741-1800 May 2,1994 John F.Kavanaugh P.O.Box 467 Beverly,Ma. 01915 Dear Sir: 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 410.000:State Sanitary Code,Chapter II:Minimum Standards of Fitness for Human Habitation,an inspection was made of your property at 12-16 Cherry Street(rear lot) Salem,Massachusen, by Sharon.McCabe,Inspector on April 26,1994 at 11:00 A.M.Abe following violations of the State Sanitary Code were noted,as checked off: CMR 410:600 Storage of Rubbish and Garbage CMR 410:601 Collection of Garbage and Rubbish _X_ CMR 410:602 Maintenance of Areas Free From Garbage and Rubbish(A through D) Reg.#7 s.3.10 Board of Health Regulation Description of Violations: Rear lot area(Florence St.)noted with extreme trash and debris.The area must be maintained in a clean and sanitary manner. 410.600: Storage of Rubbish and V arbagg (A) Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight-fitting covers.Said receptacles and covers shall be of metal or other durable,rodent-proof material.Rubbish shall be stored in receptacles of metal or other durable,rodent-proof material. Garbage and rubbish shall be put out for collection no earlier than the day of collection. (B) Plastic bags shall be used to store garbage or mixed rubbish and garbage only if used as a liner in watertight receptacles with tight-fiting covers as required in 105 CMR 410.600(A)provided that the plastic bags may be put out for collection except in those places where such p practice is prohibited by local rule or ordinance,or except in those cases where the Department of Public Health determines that such practice constitutes a health problem.For purposes of the preceding sentence,in making its deterntination,the Department shall consider,among other other evidence of strewn garbage,torn garbage bags,or evidence of rodents. (C) The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling place shall be responsible for providing as many receptacles for the storage of garbage and rubbish as are sufficient to contain the accumulation before final collection or ultimate disposal,and shall so locate them to be convenient to the tenant that no objectionable odors enter any dwelling. (D) The occupants of each dwelling,dwelling unit,and rooming unit shall be responsible for the proper placement of her or his garbage and rubbish in the receptacles required in 105 CMR 410.600(C)or at the point of collection by the owner. 410.601: CCAection of Garbage and Rubbish The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling place shall be responsible for the final colelection or ultimate disposal or incineration of garbage and rubbish by means of: (A) The regular municipal collection system;or (B) Any other collection system approved by the Board of Health;or (C) When otherwise lawful,a garbage grinder which grinds garbage into the kitchen sink drain finely enough to ensure its free passage,and is otherwise maintained so as not to create a safety or health hazard;or (D) When otherwise lawful,a garbage or rubbish incinerator located within the dwelling which is properly installed and which is maintained so as not to create a safety or health hazard;or (E) Any other method of disposal which does not endanger any person and which is approved in writing by the Board of Health (see 105 CMR 410.840) SALEM HEALTH DEPARTMENT 9 North Street Salem, MA 01970 410.602:Maintenance of Areas Free From Garbaaee and Rubbish (A) Land: The owner of any parcel of land,vacant or otherwise,shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage,rubbish,or other refuse.The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety and well-being of the occupants of any dwelling or of the general public. (B) Dwelling Units: The occupant of any dwelling unit shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish,other filth or causes of sickness that part of the dwelling which s/he exclusively occupies or controls. (C) Dwellings Containing Fewer Than Three Dwelling Units: In a dwelling that contains fewer than three dwelling units,the occupant shall be responsible for maintaining in a clean and sanitary condition free of garbage,rubbish,other filth or causes of sickness the stairs or stairways leading to her or his dwelling unit and the landing adjacent to her or his dwelling unit if the stairs,stairways,or landing are not used by another occupant. (D) Common Areas: In any dwelling,the owner shall be responsible for maintaining in a clean and sanitary condition free of garbage,rubbish, other filth or cuases of sickness that part of the dwelling which is used in common by the occupants and which is not occupied or controlled by the occupant exclusively. (i)The owner of any dwelling abutting a private passageway or right-of-way owned or used in common with other dwellings or which the owner or occupants under her or his control have the right to use or are in fact using shall be responsible for maintaining in a clean and sanitary condition free from garbage,rubbish,other filth or cause of sickness that part of the passageway or right-of-way which abuts her or his property and which s/he or the occupants under her or his control have the right to use,are in fact using,or which s/he owns. Board of Health ReSulation#7 Section 3 10: Containers or.Bundles of Household and Ordinary Commercial W. t�,.Garden and Lawn Waste: These shall be placed at the outer edge of the sidewalk appurtenant to the premises of the owner not later than 7:00 a.m.on the day of collection and not before 6:00 p.m.on the day preceding the day of collection,and shall be removed from the sidewalk on the same day as emptied.No commercial establishment shall place or cause to be placed more than four barrels or other containers of ordinary commercial wastes or any extraordinary commercial or industrial wastes or tree waste upon any sidewalk or way for disposal. You are hereby Ordered to make a good faith effort to correct these violations within 24(twenty four)hours of receipt of this notice. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this order,you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 Days of receipt of this order. At said hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders,and other documentary information in the possession of this Board,and that any adverse party has the right to be present at the hearing. One or more of the above violations constitutes a condition which may endanger or materially impair the health or safety and well-being of the occupant(s) or the general public. If you have any questions,kindly contact this office at(508)741-1800. For the Board of Health Reply to: Jogne Scott M.P.H.,R.S., C.H.O. Sharon McCabe Health Agent Inspector CERTIFIED MAIL P 871 586 079 JS/sjk .10S v� cro.o r- el v: a ^ WEUl r� cc r � (� C G ami a Ito A n K Iq it d a nr`008£uuo�sa ,664 3N C� a OD v CO r} -pG r C�►