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45 BRIDGE STREET - BUILDING JACKET J f45 BRIDGE STREET er ELIZABETH M.RENNARD CITY OF SALEM JERALD A. PARISELLA City Solicitor KIMBERLEY L. DRISCOLL, MAYOR Assistant City Solicitor 93 Washington Street One School Street Salem, MA 01970 Beverly, MA 01915 Tel:978.619.5631 LEGAL DEPARTMENT Tel:978.921.1990 Fax:978.744.1279 93 WASHINGTON STREET Fax: 978.921.4553 Email:brennard@salem.com- SALEM, MASSACHUSETTS 01970 Email:jap@alexanderfemino.com November 5, 2010 Thomas St. Pierre Building Commissioner City of Salem 120 Washington Street Salem, MA 01970 RE: 45 Bridge Street, Salem, MA Dear Tom: You requested an opinion concerning the request of the owner of 45 Bridge Street to used trailer to store goods for her store. It is my.understandingyou told the owner, Debbie Plante that the zoning ordinance does not allow such accessory use. I agree with you that use of a storage trailer or other accessory use is prohibited for this particular building, which is located in the B-4 district. Section 3.2.6 of the ordinance prohibits trucks, tractors and trailers for overnight parking unless excompted by Scctior, 6.2. Again, Section 6.2 prohibits the use of a trailer for business purposes in Salem. The table of uses also states private garages and other accessory structures are prohibited in the B-4 district. It is also my opinion that the ordinance does not allow a variance for such accessory use. x As noted in the Feragamo case decided in the Land Court.(Mis. Case..No. 304677) the Judge ruled that"use" variances are not allowed under the Salem Zoning Ordinance:! Although there have been some recent changes to the Zoning Ordinance, I still believe use variances are not allowed for this particular matter. Please feel free to contact me with any questions or concerns. Veff truly yours // Jerald A. Parisella Assistant City Solicitor JAP/gsw Cc: Elizabeth M. Rennard Debbie Plante 2 APPLICATION FOR APPLICATION NO. (COURT USE ONLY) PAGE Trial Court of Massachusetts CRIMINAL COMPLAINT or District Court Department t I,the undersigned complainant, request that a criminal complaint issue against the accused charging the offense(s)listed below. If the accused HAS NOT BEEN ARRESTED and the charges involve: Salem District Court ONLY MISDEMEANOR(S), I request a hearing ❑ WITHOUT NOTICE because of an imminent threat of 65 Washington Street ❑ BODILY INJURY ❑ COMMISSION OF A CRIME ❑ FLIGHT ❑ WITH NOTICE to accused. Salem, MA. 01970 ❑ONE OR MORE FELONIES, I request a hearing ❑ WITHOUT NOTICE ❑ WITH NOTICE to accused. ARREST STATUS OF ACCUSED ❑WARRANT is requested because prosecutor represents that accused may not appear unless arrested. ❑ HAS X HAS NOT been arrested INFORMATION ABOUT NAME(FIRST MI LAST) )AAND ,ADDRESS �� BIRTH DATE SOCIAL SECURITY NUMBER F F�T✓engi i tj PCF NO. MARITAL STATUS ' DRIVERS LICENSE NO. STATE L g t A- DL GENDER HEIGHT WEIGHT EYES HAIR RACE COMPLEXION SCARS/MARKsrrATTOOS BIRTH STATE OR COUNTRY DAY PHONE I EMPLOYER/SCHOOL MOTHER'S MAIDEN NAME(FIRST MI LAST) FATHER'S NAME(FIRST MI LAST) CASE INFORMATION COMPLAINANT NAME(FIRST MI LAST) COMPLAINANT TYPE PD F e ❑ POLICE ❑ CITIZEN OTHER ADDRESS PLACE OF OFFENSE I ©(��� '�I'' " , 1w••'1 INCIDENT REPORT NO. OBTN �?iDl rW- /�►�Ejl nrGT�G�{F�s7 w ( • '� O� y T CITATION NO(S). QO� 4-7 e� OFFENSE CODE DESCRIPTION OFFENSE DATE 1 Vigra-r1aV o-- '<u6A-4 vAuNb oPniILWWcr_ IIol2 "av VARIABLES(e.g.victim name,controlled substance,type and value of property.other variable information;see Complaint Language Manual) OFFENSE CODE i DESCRIPTION OFFENSE DATE 2 VARIABLES OFFENSE CODE DESCRIPTION OFFENSE DATE 3 VARIABLES REMARKS COMPLAINANT SI N DATE FILED X Q COURT USE ONLY A HEARING UPON THIS COMPLAINT APPLICATION DATE OF HEARING TIME OF HEARING COURT USE ONLY r• WILL BE HELD AT THE ABOVE COURT ADDRESS ON AT E • • ROCIESSING OF NON-ARREST APPLICATION,(COURT USE ONLY) NOTICE SENT OF CLERK'S HEARING SCHEDULED ON: NOTICE SENT OF JUDGE'S HEARING SCHEDULED ON: HEARING CONTINUED TO: APPLICATION DECIDED WITHOUT NOTICE TO ACCUSED BECAUSE: ❑ IMMINENT THREAT OF ❑ BODILY INJURY ❑ CRIME ❑ FLIGHT BY ACCUSED ❑ FELONY CHARGED AND POLICE DO NOT REQUEST NOTICE ❑ FELONY CHARGED BY CIVILIAN;NO NOTICE AT CLERK'S DISCRETION DATE- COMPLAINT TO ISSUE 71 PROBABLE CAUSE FOUND FOR ABOVE OFFENSE(S) ❑ NO PROBABLE CAUSE FOUND NO(S). ❑ 1. ❑ 2. ❑ 3. BASED ON ❑ REQUEST OF COMPLAINANT ❑ FACTS SET FORTH IN ATTACHED STATEMENT(S) ❑ FAILURE TO PROSECUTE ❑ TESTIMONY RECORDED.TAPE NO. ❑ AGREEMENT OF BOTH PARTIES START NO. END NO. ❑ OTHER: ❑ WARRANT ❑ SUMMONSTOISSUE COMMENT ARRAIGNMENT DATE: DCCR-2(08104) COURT COPY STATEMENT OF FACTS APPLICATIONNO.(court use only) PAGE Trial Court of Massachusetts IN SUPPORT OF _�OF ( �� APPLICATION FOR CRIMINAL COMPLAINT District Court Department COURT DIVISION The undersigned alleges the following as a X full or F-1partialstatement of the factual basis for the offense(s)for which a criminal complaint is sought. ----04 -06-rOOK(z- _ 2 r- C)-� n1o0Yi7__f'444G�D STM-L e1MTi0-/AJX12— ---------- --- ✓io�ra� --ST�QM--- - ---- ---- -----D_�_���_T_ 1NI�i__�(Q'(lF!��_ >;�`Z _ G'Fi(Ll�1=iL,� ►"1/dll. �. 6GT.�F�,, - --------------------------- --- -- -- t1�1 DU L GD N TiA�_IU iSYZ W lTi-Ci ll�---�U---- -- ----------- ----- -tu��✓t` --------------- ---------------------------- -------------------------------------------- ----------- ------------------------------------------------------------------------------------- -------------------------------------------------------------------------------------------------------- -------------------------- ------------------------------------------------------------------------------------------------------ La (Use additional sheets it necessary) PRINTED NAME SIGNATURE I AM A. DATE SIGNED LAW NT OFFICER , l � e wt%6 ML X (✓ \ [:] CIVILIAN COMPLAINANNT OR WITNESS �I"" OO neo a e e a se e- is ----------------------------------------------------------------------------------------------------- REMARKS 'IGNA]UGEOF JUDGE DArESIGNED X oftzlem, � ttssttcl�usetts •,4 pourb of }tettl DECISION ON THE PETITION OF GARTH YOUNG REQUESTIN A VARIANCE r FOR THE PROPERTY LOCATED AT 45 BRIDGE-ST- REE� (B-lh '� ';kSs ;ltd. A hearing on this petition was held June 19, 1996 with the following Board Members present: Gary Barrett, Chairman; Nina Cohen, Joseph Ywu, Albert Hill and Richard Dionne. 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, located at 45 Bridge Street request a Variance to allow a retail business and variance from parking . 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 other 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. The Board of Appeal, after careful consideration of the evidence presented at the hearing, makes the following findings of facts: 1. Petitioner owns the subject property, and operates a HVAC service business and warehouse materials at the property. 2. Petitioner intends to partition the front space of the property facing Bridge Street, and lease a portion said space to a woman who proposes to operate a retail business selling bingo supplies. 3. Petitioner indicated that the proposed tenant was needed to assist him in carrying the financial burdens of the property. 4. There is insufficient off-street parking spaces to support a second business on the property. S. There was concern expressed that parking would overflow into the surrounding residential neighborhood. 6. Ther was no opposition to the petition. On the basic of the above findings of fact, and on the evidence presented at the hearings, the Board of Appeal concludes as follows: 1. No special conditions exist which especially affect the subject property as opposed to the district in general. 2. Literal enforcement of the Zoning Ordinance would not involve substantial hardship to the petitioner. DECISION ON THE PETITION OF GARTH YOUNG REQUESTING A VARIANCE FOR THE PROPERTY LOCATED AT 45 BRIDGE STREET (B-1 ) page two s 3. Desirable 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 Board of Appeal voted 3-2 in opposition to the motion to grant the Variance, having failed to garner the required votes to pass, the motion is defeated and the petition is denied. Variance Denied June 19, 1996 CSC V Gary Barrett, 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 of Special Permit granted herein shall not take effect until a copy of the decision bearing the certification of the City Clerk that20 days have elapsed and no appeal has been filed, or that, if such appeal has 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. Board of Appeal 1 Citp of *aCem, Aiaggacb gettg Av w .f Withdrawal or Deceased from Business or Partnership In conformity with a provisions of Chapter 110, Section 5, of the Mass. General Laws, the undersigned hereby declare at we (I) have this day: n1 Discontinued2 ❑6kr\gWithdraa cwn Jjo W from � 1h9 &Onn a , S �+ c� i Nove � R the business known as: � �- �i conducted at y S��c 4 e5�• So-�e M as set forth in the certificate filed on A or` ZL 1 q 9 Name Address hewjoc K 1°�l 6T, A Q CA YW'R o 0 Z-1 P2 The location of ❑ the business ❑ my residence as it appears on the business certificate of: filed on: has been changed to: �3 As executor or admninistrator for the estate of: who died on: I hereby request a: ❑ Discontinuance of the business certificate ❑ Withdrawal of his/her name from the business certificate so named: filed on: --------------- ------------------------ - 1 -------------------------- ------------------------------------------------------ ------------------------------------------ on �eioreg�oingstate�ment—istrue.19 96 the above named pemson(s) personally appeared before me and made an oa at , .G ---------- - - ---------------------------------------- -- ----------------------------------------CITY CLERK Notary Public (seal) Date Commission Expires �oxw CITY OF SALEM, MASSACHUSETTS 9wQtX' BOARD OF HEALTH os 120 WASHINGTON STREET, 4TH FLOOR aSALEM, MA 01970 TEL. 978-741-1800 FAX 978-745-0343 STANLEY USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO MAYOR HEALTH AGENT November 27, 2002 Steve Morris 45 Bridge Street Salem, MA. 01970 Dear Mr. Morris: 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 II Minimum Standards of Fitness for Human Habitation, a visual inspection was conducted of the property 58 Federal Street #1 occupied by Patricia Bonds conducted by Jose Diaz, Sanitarian on Wednesday, November 20, 2002 at 11:00 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 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: oanne Scott Jose Diaz Health Agent Sanitarian Certified Mail: 7001 1140 0000 2746 0360 Cc: tenant, Bldg, Insp. violet '✓ CITY OF SALEM, MASSACHUSETTS v�' BOARD OF HEALTH 120 WASHINGTON STREET. 4TH FLOOR SALEM. MA 01970 �s a TEL. 976-74 1 -1 BOO �fXB FAX 978-745-0343 Page 1 of STANLEY LISOVICZ, JIB JOANNE SCOTT. MPH. RS. CHO MAYOR HEALTH AGENT State Sanitary Code, Chapter II: 105 CMR 410.000 M7191� ' um Standards of Fitness for Human Habitation Occupant : � Phone. yVS- Dk4 Address:_�s- Apt.#' j_ Floor___ Owner. S --PzJe A;,qQi Address: ys re free A07 X&,8- eon/9yd Inspection Date: Time: // "ael �,.�• Conducted Accompanied By: Anticipated Reinspection Date: Specified Time Reg.#410.. Violation(s) e d - d, 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 0 e ,l• ��i�a� Este es documento legal importante. Puede que afecte sus derechos. Pr1Pr'a arimdrir IJns traduccion de esta forma sies necesario Ilamar al telefono 741-1800. A J o CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH e 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 TEL. 978-741-1800 Q' FAX 978-745-0343 STANLEY USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO MAYOR HEALTH AGENT November 27, 2002 Steve Morris 45 Bridge Street Salem, MA. 01970 Dear Mr. Morris: 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 11 Minimum Standards of Fitness for Human Habitation, a visual inspection was conducted of the property 58 Federal Street #2 occupied by Melanie Hassel conducted by Jose Diaz, Sanitarian on Wednesday, November 20, 2002 at 11:00 A.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owners 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: Jnne Scott Jose Diaz Health Agent Sanitarian Certified Mail: 7001 1140 0000 2746 0360 Cc: tenant, Bldg, Insp. violet CITY OF SALEM, MASSACHUSETTS Avg BOARD OF HEALTH • • 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 ��� 4 TEL. 978-74 1-1 800 Q'� FAX 978-745-0343 Page 1 of STANLEY USOVICZ. JI' -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 . 2 Phone: Address: Apt.#' Floor_ Owner:,, Ajp. Address:V'�- ,-,�4c �ee� Inspection Date: Time: & Do) ,q 1_&rZ Conducted By-,: e .3re7e Accompanied By: lin ,E�ec.,Irrcc/� n Anticipated Reinspection Date: Specified Time Reg.#410.. Violation(s) r �j e e - lel e a 4e One or more of the above violat ons may endanger or materially impair the health safety, and well being of the occupant(s) Code Enforcement Inspector . Este es documento legal importante. Puede clue afecte sus derechos. PI IMP nrint drir 11nn traduccion de esta forma sies necesario Ilamar al telefono 741-1800. 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 : Being Corrected you may be entitled to hold back your rent payments. You can do this without bein 1. Rent Withholdin (Massachusetts General Laws, Chapter 239, section 8A): If Code Violations Are Not g evicted if You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health of safety and that 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 ajudge 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 certfies 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 t86, 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 CITY OF SALEM HEALTH DEPARTMENT no �t�M,,✓ Salem, Massachusetts 01970 Page oz- of &7— Date: LDate: it 12,f z Name: Address: Specified Time Reg.#410.. Violation(s) l/ / . I a r Page of Date: Name: Address: Specified Time Reg.#410.. Violation(s) aCITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 TEL. 978-741-1800 FAX 978-745-0343 STANLEY USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO MAYOR HEALTH AGENT November 27, 2002 Steve Morris 45 Bridge Street Salem, MA. 01970 Dear Mr. Morris: In accordance with Chapter III, Sections 127A and 1278 of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chzpter II Minimum Standards of Fitness for Human Habitation, a visual inspection was conducted of the property 58 Federal Street #6 occupied by Keith Stanley conducted by Jose Diaz, Sanitarian on Wednesday, November 20, 2002 at 11:00 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 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 docu,nentary 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: ��z�.r,L 07 anne Scott Jose Diaz Health Agent Sanitarian Certified Mail: 7001 1140 0000 2746 0360 Cc: tenant, Bldg, Insp. violet CITY OF SALEM, MASSACHUSETTS ova' BOARD OF HEALTH 120 WASHINGTON STREET. 4TH FLOOR SALEM, MA 01970 �s 4 TEL 978-74 1 -1 800 Q'�� FAX 978-745-0943 Page 1 of STANLEY USOVICZ, JP 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 :/�Q; ,� �lA�> Phone: Address: _ S�Imo/ -J,/_ e Apt.4P_1I Floorv� Owner: ,yle % ;i}rr� s Address:� ,,,���� &�rec14 _JZV1r-442 ✓»aA• ��/7� Inspection Date: ,o2 Time: j/ Oy f he- Conducted By: -71 4-c- ,! , )&7 Accompanied By: Anticipated Reinspection Date: Specified Time Reg.#410.. Violation(s) 7 e � e 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,, b-se— Al aQ4n'7 Este es documento legal importante. Puede que afecte sus derechos. Puede adouirir una traduccion de esta forma sies necesario Ilamar at telefono 741-1600. 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 : I. 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. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health of safety and that 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 w a CITY OF SALEM, MASSACHUSETTS BOARD OF HEALTH 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA 01970 TEL.. 978-741-1800 FAX 978-745-0343 STANLEY USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO MAYOR HEALTH AGENT November 27, 2002 Steve Morris 45 Bridge Street Salem, MA. 01970 Dear Mr. Morris: 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 visual inspection was conducted of the property 58 Federal Street #3 occupied by Susan Hill conducted by Jose Diaz, Sanitarian on Wednesday, November 20,2002 at 11:00 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 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 Healt 40, Reply to: �ti� oanne Scott Jose Diaz Health Agent Sanitarian Certified Mail: 7001 1140 0000 2746 0360 Cc: tenant, Bldg, Insp. violet CITY OF SALEM, MASSACHUSETTS �� BOARD OF HEALTH 3 120 WASHINGTON STREET, 4TH FLOOR SALEM, MA O1 970 �s TEL. 978-74 1-1 BOO �r16 FAX 978-745-0343 Page 1 of .z 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 : � Soman // Phone: Address- 5-s' ��� rPP Apt.4'3 Floor Owner: Shed e Address: 4r e,11re_ _4'e e-71- hi___�/crm7 122y . �� f�ycS Inspection Date: Time: Conducted By:��5` �. ���J� Accompanied By: Anticipated Reinspection Date: `J"d Specified Time Reg.#410.. Violation(s) 1,4� Al2c je e7e z e Iz- ell r i e One or more of the above violations may endanger Wmaterially impair the ealth safety, and well being of the occupant(s) Code Enforcement Inspector �,' e, Este es documento legal importante. Puede que afecte sus derechos. Puede adouirir una traduccion de esta forma sies necesario Ilamar al telefono 741-1800. 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. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health of safety and that 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. ( 1=or 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 Il, section 127 C-H): The occupants and/or the Board of Health may petition the District or Superior Court to allow rent to be paid into court rather than to the owner. The court may then appoint a"receiver" who may spend as much of the rent money as is needed to correct the violation. The receiver is not subject to a spending limitation of four months'rent. 5. Breach of Warranty 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 LL CITY OF SALEM HEALTH DEPARTMENT n$ • t�.,,,,,,,-,� Salem, Massachusetts 01970 Page -I— Of Date:: / d Name: Address: S Y-Et ✓f�/� S�vee Specified Time Reg.#410.. Violation(s) ' � J D �� Page of Date: Name: Address: Specified Time Reg.#410.. Violation(s) a CITY OF SALEM, MASSACHUSETTS 0 BOARD OF HEALTH 3 n 120 WASHINGTON STREET, 4TH FLOOR a SALEM, MA 01970 TEL. 978-741-1800 FAX 978-745-0343 STANLEY USOVICZ, JR. JOANNE SCOTT, MPH, RS, CHO MAYOR HEALTH AGENT November 27, 2002 Steve Morris 45 Bridge Street Salem, MA. 01970 Dear Mr. Morris: In accordance with Chapter III, Sections 127A and 1278 of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter II Minimum Standards of Fitness for Human Habitation, a visual inspection was conducted of the property 68 Federal Street #4 occupied by Hazel Gould conducted by Jose Diaz, Sanitarian on Wednesday, November 20, 2002 at 11:00 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 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: anne Scott Jose Diaz Health Agent Sanitarian Certified Mail: 7001 1140 0000 2746 0360 Cc: tenant, Bldg, Insp. violet CITY OF SALEM, MASSACHUSETTS �Ybcc ..3� BOARD OF HEALTH • 120 WASHINGTON STREET, 4TH FLOOR SALEM. MA 01970 i �✓,� TEL. 978-74 I -1800 QryR,� FAX 978-745-0343 Page 1 of STANLEY USOVICZ. JP 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 . _&2ze ""I al Phone. Address-,,5 Apt.#' _ Floor Z Owner. ���Pve 6 �1�y�f Address: 4(5- �`��✓1n JinA. � /�1�4 Inspection Date: iiz��61 Time: as� Conducted By. j,�-s� ,(. �� � Accompanied By: Anticipated Reinspection Date: Specified Time Reg.#410.. Violation(s) e 4f"ux7 ! t. 4 7 i� e 1 i ,1 e e 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 I: x/• .[�iaZ Este es documento leqal importante. Puede que afecte sus derechos. Puede adouirir una traduccion de esta forma sies necesario Ilamar al telefono 741-1800. 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 You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health of safety and that 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 Habitabilit: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 anv 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 CITY OF SALEM HEALTH DEPARTMENT Salem, Massachusetts 01970 Page L of Date: / Name: Address:- Specified ddress:Specified Time Reg.#410.. Violation(s) / fh Do r Page of Date. Name: Address: Specified Time RegA410.. Violation(s) The Commonwealth of Massachusetts ;�►y Board of Building Regulations and Standards FOR (�7 Massachusetts State Building Code, 780 CMR, 7"' edition MUNICIP:�LI'1'1' z.W USE Building Permit Application To Construct, Repair, Renovate Or Demolish a Rrrlred./mmrtrr One-or Two-Family Divelling I. 'UrtS This-Sevqion For Official Use Only Building Permit Number: / it Date Applied: X / 8 i Signature: u ing Commissioner/ nspeit r o' uildings Date SECTION 1: SITE INFORMATION 1.1 Property Address: 1.2 Assessors Map & Parcel Numbers fie. s� i 5�:: 032,o 1.1a Is this an accepted street? yes no Map Number Parcel Number 1.3 Zoning Information: lA Property Dimensions: Zoning District Proposed Use Lot Area Isq to Frontage(it) 1.5 Building Setbacks(ft) Front Yard Side Yards Rear Yard Required Pro!40. Required Provided Required Provided 1.6 Wa�terr Supply: (M.G.L54) 1.7 Flood Zone Information: 1.8 Sewage Disposal System: Public I3" Private ❑ Zone: _ Outside Flood Zone? � Check if yes❑ Municipal Erb. site disposal system ❑ SECTION 2: PROPERTY OWNERSHIP[ 2.1 Owner[of Record: Nain - inp Address for Service: Signature Telephone SECTION 3: DESCRIPTION OF PROPOSED WORK'(check all that apply) New Construction ❑ Existing Building ❑ Owner-Occupied ❑ Repairs(s) ❑ 11 e Atjon(s)JV7Additjoo ❑ Demolition ❑ Accessory Bldg. ❑ 1 Number of Units_ Other ❑ Specify: Brief Description of Proposed Work 2: '12 !fT z SECTION 4: ESTIMATED CONSTRUCTION COSTS O,n Estimated Costs: Labor and Materials) Official Use Only lding $ 1. �Building Permit Fee: $ Indicate how fee is delermined: trical $ Lr1'Sfandard City/Town Application Fee ❑Total Project Costa (Item 6) x multiplier .xmbing $ 1�) 2. Other Fees: $hanical (HVAC) $ List: hanical (Fire Suppression) $ Total All Fees: $ Che o.�G4/07 Check .Amount Cash Amount: 6. Total Project Cost: �G2� lIL16<aid in Full 0 Outstanding Balance Due: SECTION 5: CONSTRUCTION SERVICES 5.1 Licensed Construction Supervisor (CSL) �� r�� License Nutnher Expiration Date Nance of CSL- Bolder List CSL Type(see below) Desai)lion Y4 dre s Unrestncted(u p to 35.000 Co. Ft.) R Restricted 18c2 Family Duelling 1 Signature ti M MasonryOnly 5? ,X2 �� 1 �� RC Residential Rooting Covering yvS Residential Window .md Sidiue Telephone SF Residential Solid Fuel Bunting A 1 tlia"e In,atalCawn D Residenoal Demolition 5.2 Registered Home Improvement Contractor(HIC) le�bSf?l 11 Registration Number HIC Company Name or HIC Registrant Name q T / d� Expiration Date Signature V Telephone SECTION 6: WORKERS' COMPENSATION INSURANCE AFFIDAVIT(M.G.L. c. 152. § 25C(6)) Workers Compensation Insurance affidavit must be completed and submitted with this application. Failure to provide this affidavit will result in the denial of the Issuance of the building permit. Signed Affidavit Attached'? Yes ....... No ........... ❑ SECTION 7a: OWNER AUTHORIZATION TO BE COMPLETED WHEN OWNER'S AGENT OR CONTRACTOR APPLIES FOR BUILDING PERMIT I .ter as Owner of the subject property hereby to act on my behalf, in all matters aumorr relative to work authorized by this building permit application. Date Si nature of Owner SECTION 7b: OWNERt OR AUTHORIZED AGENT DECLARATION I , as Owner or Authorized Agent hereby declare that the state ents and information n the foregoing application are true and accurate, to the best of my knowledge and behalf. rint N e Signature of net or Authorized A Date (Signed under he 2ains and penal s of edu ) NOTES: I. An Owner who obtains a building permit to do his/her own work, or an owner who hires an unregistered contractor (not registered in the Home Improvement Contractor(HIC) Program), will riot have access to the at program or guaranty fund under M.G.L. c. I42A. Other important information on the HIC Program and Construction Supervisor Licensing (CSL) can be found in 780 CMR Regulations 110.R6 and 110.R5, respectively. _' When substantial work is planned, provide the information below: Total floors area(Sq. Ft.) (including garage, finished basement/attics, decks or porch) Gross living area(Sq. FL) Habitable room count Number of fireplaces Number of bedrooms N Number of half/baths Number of bathrooms Ty g system stem pe of heating s Number of decks/ porches O e Type of cooling system Enclosed Pn 3. "Total Project Square Footage'" may be Substituted for "Total Project Cost'