Loading...
14 Cherry Street Court Documentation 2007 Mailing date : March 01, 2007 pl R � MAR 0 2 2007 CITY OF SALEM BOARD O;Y,ErAI TH David Greenbaum Salem Board of Health 4th floor 120 Washington Street Salem, MA 01970 i COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT MAR 0 2 2007 crry OF:�C-, r=o,n BOARD Or .1EAITH Plaintiff / 0.1 - Lti Defendant STIPULATION The undersigned parties hereby stipulate and agree as follows : ONCE APPROVED BY THE JUDGE, THIS AGREEMENT BECOMES A COURT ORDER AND BOTH PARTIES ARE LEGALLY REQUIRED TO FOLLOW IT If questions arise, please consult the housing specialist I UNDERSTAND THAT I HAVE THE RIGHT TO A .ILAP.IPTG ON MY CASE BEFORE A JUDGE, BUT INSTEAD I CHOOSE TO SIGN THIS AGREEMENT I Signe a dat by 4;icx4�ned and ated by D71;M410 Plaintiff's Attorney Defendant' s Attorney Housing Specialist Judge COPIES (GIVEN) MAILED TO PARTIES ON �,`� Mailing date : February 02 , 2007 P1 RECEIVED FEB - 5 2007 CITY OF Sf,LEM BOARD OF HEALTH David Greenbaum Salem Board of Health 4th floor 120 Washington Street Salem, MA 01970 I Northeast Housing Court 2 Appleton Street Lawrence, Massachusetts 01840 (978) 689-7833 Susan M. Trippi David D. Kerman Clerk Magistrate Associate Justice Date : January 31, 2007 Re : Salem Board of Health Vs : David Carnevale No: 07-PC-00029 NOTICE OF SHOW CAUSE HEARING A request for criminal complaint naming you as the defendant has been filed in this Court, and a copy of the proposed complaint is enclosed. Before any criminal process issues, the Clerk of the Court will hold a show cause hearing to determine if there is sufficient evidence to require that you be charged with the offense alleged. A clerk' s hearing to determine whether criminal proceedings will be commenced against you will be held at the Clerk' s Office of the Northeast Housing Court, at 2 Appleton Street, Lawrence, MA 01840 at 10 : 30 o' clock, Thursday, February 15, 2007 . At the hearing you may present your side of the matter, bring witnesses, and be represented by an attorney, if you so choose . 1 Susan M. Trippi Clerk Magistrate RECEN` FEB - 5 Z007 CITY Or ECMS : SCH-SCAUSE g0ARQ 9F-HEAI-TH REQUEST FOR CRnMIAT COMPLAINT FOR STATE SANITARY CODE VIOLATIONS To any Justice or Clerk-Magistrate of the Housing Court: David Greenbaum, Sanitarian Salem, Board of Health, 120 Washington street, 4th Floor, Salem, MA 01970 on behalf of the Commonwealth, on oath complains that: David Carnevale, 44 Prince Street, Beverly, MA 01915 was and is the owner of residential premises located at 14 Cherry Street, SAIam, MA 01970 - - - On Tuesday, October 24 , 2006 , a representative of the Salem Board_o_f_H_E_a_lth_ _________________________ Program inspected the said premises and determined that the dwelling did not comply with the provisions of Article II of the State Sanitary Code, 105 C.M.R. , §410. 000; On Friday, November 3 , 2006 pursuant to §410 . 832 - 833 of the Code, the defendant was served with a written order to comply; On Thursday, January 25 , 2007 and from day to day thereafter the defendant has failed to comply with the order, each such day being a separate offense and a separate and distinct count of this Complaint; all in violation of State Sanitary Code, 105 C.M.R. , §410 . 910-920, and the public health law, Gen.L. c. ill, §127A, and the defendant did so willfully, intentionally, recklessly or repeatedly. 1 -3 ) •of -- Date: Complainan Assigned for hearing on _ C�I ^Ij— , 2007-1 at o' clock. On hearing (Complainant) (Defendant) (both parties) (neither party) , I find no probable cause for the Complaint. Process shall not issue. On bearing (Complainant) (Defendant) (both parties) (neither party) , and Complainant having sworn or affirmed that the Complaint is true upon information and belief, I find probable cause, and order summons to issue returnable — r Date: Clerk-Magistrat RECEIVED FFB - 5 2007 CITY OF SPALEM BOARD OF HEALTH Mailing date : February 02, 2007 Pi RE%a1VED David Greenbaum FEB _ 6 2007 Salem Board of Health 4th floor CITY OF 1-1-EM 120 Washington Street BO,' rRQ OF HEALTH Salem, MA 01970 i Northeast Housing Court 2 Appleton Street Lawrence, Massachusetts 01840 (978) 689-7833 Susan M. Trippi David D. Kerman Clerk Magistrate Associate Justice Date : January 31, 2007 Re : Salem Board of Health Vs : Ed Quill No : 07-PC-00028 NOTICE OF SHOW CAUSE HEARING A request for criminal complaint naming you as the defendant has been filed in this Court, and a copy of the proposed complaint is enclosed. Before any criminal process issues, the Clerk of the Court will hold a show cause hearing to determine if there is sufficient evidence to require that you be charged with the offense alleged. A clerk' s hearing to determine whether criminal proceedings will be commenced against you will be held at the Clerk' s Office of the Northeast Housing Court, at 2 Appleton Street, Lawrence, MA 01840 at 10 :30 o' clock, Thursday, February 15, 2007 . At the hearing you may present your side of the matter, bring witnesses, and be represented by an attorney, if you so choose. Susan M. Trippi Clerk Magistrate RECER.. FEB - 6 2007 ELMS : SCH-SCAUSE CITY OF SrLEIVi BOARD OF HEALTH r . Memo to File: 12-14-16 Cherry Street From: Joanne Scott Date: April 24, 2007 Re: Neighborhood Meeting The Board of Health requested the presence of three property owners; Mr. Pruett, another property owner; Ward Councillor Matt Veno; and Robbie George of North Side Carting, inorder to discuss chronic trash issues on Cherry Street. Mike and Jennifer Pruett; Bruce Tsongas, property manager for 13 Cherry Street; Ed Quill, owner of 12-14-16 Cherry Street, Councillor Veno; Robbie George; Board of Health Sanitarian David Greenbaum; and I w ere present. After I thanked the attendees for coming, and acknowledging that their attendance was completely voluntary, David Greenbaum gave a short overview of the chronic trash problems on this street. Mr. & Mrs. Pruett presented information about the trash problems, as well as some solutions. Councillor Veno discussed how he has received multiple complaints regarding these problems. The landlords discussed the difficulty in having tenants comply with the requirements. Mr. Quill said that a tenant and his son are responsible for taking out the trash barrels, bringing them in, and cleaning the area. He said that it did not happen until the son came home from school. I said that he may want to consider having someone do it earlier so that left over trash did not blow into the neighborhood. Mr. Pruett described an incident where trash was left on the sidewalk after the barrels were brought in and that that trash was sent into the street. Mr. Tsongas described specific difficulties that he is having with tenants not utilizing all 10 barrels but overfilling the one barrel closest to the porch. Robbie George suggested that a roll off may be more conducive to keeping the trash under control. He offered to provide both properties with roll offs so that the barrels would no longer create a problem. This solution will be tried. In addition, the Board of Health will provide educational materials to the tenants. RE VEST FOR CR AL COMPLAINT 1� FOR STATE SANITARY CODE VIOLATIONS To any Justice or Clerk-Magistrate of the Housing Court: David Greenbaum, Sanitarian Salem, Board of Health, 120 Washin ton S e on behalf of the Commonwealth, on oath complains that: Ed Quill, 454 Essex Street, Beverl , MA 01915 was and is the owner of residential premises located at 14 CherryStreet, Salem, MA 01970 -' On Tuesday, October 24 _, 2006 , a representative of the _______ Program SalenL�.artL_of_3ealth__--------- ------ — — inspected the said premises and determined that the dwelling did not comply with the provisions of Article II of the State Sanitary Code, 105 C.M.R. , §410. 000; On Monday, November 13, _ _ _ 200 6 , pursuant to §410. 832 - 833 of the Code, the defendant was served with a written order to comply; On Thursday, January 25 200 7 , and from day to day thereafter the defendant has failed to comply with the order, each such day being a separate offense and a separate and distinct count of this Complaint; all in violation of State Sanitary Code, 105 C.M.R. , §410 . 910-920, and the public health law, Gen.L. c. 111, §127A, and the defendant did so willfully, intentionally, recklessly or repeatedly. Date: Complai ant: �? Assigned for hearing on 200�, at ld o' clock. On hearing (Complainant) (Defendant) (both parties) (neither party) , I find no probable cause for the Complaint. Process shall not issue. On hearing (Complainant) (Defendant) (both parties) (neither party) , and Complainant having sworn or affirmed tohatblethe causeaint sotrue upon information and belief, I find p summons to issue returnable Date: O - — Clerk-Magistrate REQUEST FOR CRIMINAL COMPLAINT FOR STATE SANITARY CODE VIOLATIONS To any Justice or Clerk-Magistrate of the Housing Court: David Greenbaum, Sanitarian Salem, Board of Health, 120 Washington Street. 401 Floor, Salem, ran 01970___ on behalf of the Commonwealth, on oath complains that: Ed Quill, 454 Essex Street, Beverl%:, MA 01915 was and is the owner of residential premises located at 14 CherryStreet, Salem, MA 01970 On Tuesday, October 24 2006 , a representative of the Salem Ro_ardL_of_iealtlL__________________ ______ _________Program inspected the said premises and determined that the dwelling did not comply with the provisions of Article II of the State Sanitary Code, 105 C.M.R. , §410. 000; On Monday, November 13, , 200 6 , pursuant to §410 . 832 - 833 of the Code, the defendant was served with a written order to comply; On Thursday, January 25 200 7 , and from day to day thereafter the defendant has failed to comply with the order, each such day being a separate offense and a separate and distinct count of this Complaint; all in violation of State Sanitary Code, 105 C.M.R. , §410 . 910-920, and the public health law, Gen.L. c. 111, §127A, and the defendant did so willfully, intentionally, recklessly or repeatedly. Date: Complai ant: Assigned for hearing on o� 1�� , 200,21 at 14) '. o' clock. On hearing (Complainant) (Defendant) (both parties) (neither party) , I find no probable cause for the Complaint. Process shall not issue. On hearing (Complainant) (Defendant) (both parties) (neither party) , and Complainant having sworn or affirmed that the Complaint is true upon information and belief, I find pro ble cause, and order summons to issue returnable f_ lie- Date: O Clerk-Magistrate 12, 14 AND 16 CHERRY STREET SALEM, LLC RESTATED AND AMENDED CERTIFICATE OF ORGANIZATION Pursuant to the provisions of the Massachusetts Limited Liability Company Act (the "Act") , the undersigned, desiring to amend and restate its Certificate of Organization filed on August 23, 2002 to provide a change of Managers and a change of address of its agent for service of process, and to authorize a single Manager to execute, acknowledge and deliver recordable instruments purporting to affect an interest in real property, hereby certifies as follows: 1 . Federal Employer Identification Number. 54-2079060 2 . Name of the Limited Liability Company. The name of the limited liability company formed hereby is 12, 14 and 16 Cherry Street Salem, LLC (the "LLC") . 3. Office of the Limited Liability Company. The address of the office of the LLC in the Commonwealth of Massachusetts at which the LLC will maintain its records in accordance with the Act is 451 Essex Street, Beverly, MA 01915. 4 . Business of the LLC. The general character of the business of the LLC is the ownership and development of real estate and interests therein, including buying, acquiring, owning, leasing, renting, operating, selling, financing, refinancing, disposing of and otherwise dealing with interests in real estate, directly or indirectly through joint ventures, partnerships or other entities; and to engage in any activities directly or indirectl-.- related or incidental thereto. 5 . Date of Dissolution. The LLC shall have no fixed date on which i - shall dissolve. I A CERTIFICATE OF ORGANIZATION / Page 2 6. Agent for Service of Process. The name and address of the resident agent for service of process for the LLC is Edward C. Quill, 453 Essex Street, Beverly, MA 01915, 7. Manager. The LLC has one manager Edward C. Quill, 453 Essex Street, Beverly, MA 01915. 8. Execution of Documents. Any manager of the LLC is authorized to execute on behalf of the LLC any documents to be filed with the Secretary of State of the Commonwealth of Massachusetts . 9. Execution of Recordable Instruments. Either manager of the LLC is authorized to execute, acknowledge, deliver and record on behalf of the LLC any recordable instrument purporting to affect an interest in real property. IN WITNESS WHEREOF, the undersigned hereby affirm under the penalties of perjury that the facts stated herein are true, as of the day of November, 2006 and that this Certificate is duly executed and being filed in accordance with M.G. L. Chapter 156c sec. 19 . Edward C. Qum Manager