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2-4 BROWN STREET - BUILDING INSPECTION � ,, ► - 2-4 BROWN STREET COMMERCIAL UNION INSURANCE COMPANIES 12/30/97 Building Inspectors Office 1 Salem Green Salem, MA 01970 Insured: G. Dudley Welch Property Address:y2-Brown St Policy # FBMB24447 2 Loss of : 12-25-97 �`,� ✓ Claim # OBF-06575R / Claim has been made involving loss, damage or destruction of the above- captioned property, which may either exceed $1000 or cause Massachusetts General Laws, Chapter 143, Section 6 to be applicable. If any notice under Massachusetts General laws, Chapter 139, Section 3B is appropriate, please direct it to the attention of this writer and include a reference to the above- captioned insured, location, policy number, date of loss and claim number. Title: Senior Property Claims Adjuster. On this date, I caused copies of this notice to be sent to the persons named above at the address indicated above by first class mail. Signature: rd ; xGo o j� uthem New England Property Claim Center • P.O.Box 9055 • Boston,MA 02205-9055 Telephone: (800)284-6730 Fax:(508)5498558- • AT&T Fax(Reporting Losses):(800)804-0517 �� '"- �71� S��V -�► 2`�/ , �:�,�� ' ,,;�� r I � � i a 1] IF CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET HEALTH AGENT June 20, 1997 Tel:(508)741-1800 Fax:(508)740-9705 Mar-Lyn Trust A. &D.J. Welch 55 Lee Street Marblehead, MA. 01945 Dear Sir/ Madam : In accordance with Chapter III, Sections 127A and 127B of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code, Chapter l: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter Il: Minimum Standards of Fitness for Human Habitation, a reinspection was conducted of the property located at 2&4 Brown Street occupied by(Common Areas) conducted by Virginia Moustakis, Senior Sanitarian on Thursday,June 19,1997 at 10:00 A.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this Order. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You maybe represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory ernedies available to them as outlined in the enclosed inspection report form. For,the Board of Health: Reply to: C .loanne Scott Virginia Moustakis Health Agent Senior Sanitarian cc: Maurice Martineau, Building Inspector& Charles Latulippe, Fire Dept. Marshal Certified Mail # P 153 314 465 JS/sjk�. pie Page 1 of 4 SALEM HEALTH DEPARTMENT �y 9 North Street Salem,MA 01970 State Sanitary:Code,."ter 11 .105.CMR 410.000 M//iiimum Standards of Fitness'faeHuinan Habitation Occupant: (�Za M rr7o- (Ze eas Phone: Address: # a al-yco 1 / kJcrtllr,9 (5-f Apt. Floor Owner. Mdk'Yv�F- Ani n/A I//rel Jf a4fd Address: Dv04c� vtU6GC�j 7Kr.sT�-T Inspection Date: -/9-q7. — Time /O:ao A'm / Conducted By: 1/ /1'�(1�/Sf7L/r/S Accompanied By: 7J lAl6/C/7 aeZ:( 6-4 IA-Ys Anticipated Reinspection Date: i /�� O//rx� 17n/e9v Specified Reg p Violation Time 410. : . . S /Vc 07 =6: S� o,2y /✓ Q. Q 3 /v) 7- v w - , i ni P ./- v G / 8/4i One or more of the above violations may endanger or materially impair the health, safety and well-being or the occupants(s) Code Enforcement Inspector Este es un documento legal imporlanle Puede que afecte sus derechos. Puede adquimmna traduccion de esta forma. APP TDIX IS(14) Legal Remedies for Tenants of Residential Housing The followlnnis a brief surnmary of some of the legal remedies tenants may use in order to get housing code violations corrected: 1. Rent)N hhholdinp(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 tiito court if a judge order, you to pay it (For this,it is best to put the rent money aside in a safe place.) 2. Ronk and D Au s(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,.orwell-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 thedi, made)within five days after notice or to complete . within 14 days after notice,you can use up to four months'rent inanf year to make the repairs. 3: RetglintolyRrnE 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 tries to evict within six months after you have made the complaint,-he or shewill1ave to show.a good reason for the increase or eviction which is unrelated to your complaint. You may be able to sue the landlord for damages of he or she tries this. 4. Rent Recriversbin(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.'Me 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 Decep iy .Practices(Massachusetts General Laws,Chapter 93A): Renting an apartment with code violations is a violation of the consumer protection act and regulatious, for which you may sue an owner. The information presented above is only a summary of the law. Before you decide to withhold your rent or take any other legal action, it is advisable that you consult an attorney. If you cannot afford to consult an attorney, you should contact the nearest legal services office, which is: Neighborhood Legal Services 37 Friend St_ Lynn, MA 01902 (617) 599-7730 w A � 3 CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(508)741-1800 Fax:(508)740-9705 July 10, 1997 Mar-Lyn Trust A.B. & Dudley Welch, Trs. 55 Lee Street Marblehead, MA. 01945 Dear Sir/ Madam In accordance with Chapter II of the State Sanitary Code, 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation, a recent reinspection was conducted of your property located at 2 & 4 Brown Street by Virginia Moustakis, Senior Sanitarian of the Salem Health Department . The violations noted in the report of June 20, 1997 have been corrected. Thank you for your cooperation in this matter. For the Board �offHHealth : Reply to: q' oanne Scott Virginia Moustakis Health Agent Senior Sanitarian cc: Building Inspector Maurice Martineau, Fire Marshall Charles Latulippe JS/sjk c-hwrrect 10 Page 1 of SALEM HEALTH DEPARTMENT 9 North Street - Salem,MA 01970 "�4 f State Sanitary;Code,"ter-111:105.CMR 410.000 Miiimum/S�tandards of FRness'torHuman Habitation Occupant: t� / >r 112k ld, Phone: Address: 44- 6eA6t 4 J / Apt. Floor Owner. !2t"JAI r,41,sr ,4v✓V 6 Wt91-e-N Add ress: 144 �—QirLl.� Inspection Date: _ Time Conducted By: Accompanied By: Anticipated Reinspection Date: Specified Reg # Violation Time p 2 '' is 5 ry t7. 22&zWz to / is 47 a wr One or more of the above violations may endanger or materially impair the heahh, safety and well-being or the occupants(s) Code oforcement Inspector Este es un documento legal imporlante. Puede que afecte sus derechos. Puede adquinruna lraduccion de esla forma. WIRE N,IRE, Nak' 4' r� ELECTRICAL CONTRACTORS i 07/07/97 To whom it may concern, Re: 2-4 Brown Street, Salem This letter is to inform you that we, Wire 4 Hire, Inc. has repaired the emergency lighting at the above named address. On June 16, 1997 we repaired the cellar lighting and on June 20, 1997 we repaired the hall lighting. Respectfully, Bruce Whear President/Owner P.O. BOX 8291 SALEM, MA 01971 }y PHONE (508) 745-8219 FAX (508) 744-5033 vQ � F 3 _ter, mr� CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT; MPH,RS,CHO NINE NORTH STREET HEALTH AGENT . Tel:(508)741-1800 Fax:(508)740-9705 April 11, 1997 Mar-Lyn Trust c/o Anne B. &Dudley G. Welch Tr. 55 Lee Street t Marblehead, MA. 01945 Dear Sir/Madam : On January 14, 1997, an inspection was conducted of your property at 2 and #4 Brown treet in Salem by Building Inspector, John Jennings, Electrical Inspector, John alth Inspector, Virginia Moustakis. In accordance with Chapter It of the State Sanitary Code, 105 CMR 410.000, a reinspection is scheduled for May 8, 1997 at 10:00 A.M.. You are hereby ordered to allow access and provide signed release forms where necessary to reinspect these premises. 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. For the Board of Health: Reply to: Joanne Scott Virginia Moustakis Health Agent Senior Sanitarian cc:John Jennings, Building Inspector John Giardi, Electrical Inspector Councillor Reginna Flynn Fire Prevention Certified Mail # P 153 317 304 JS/sjk o-vmbrown i F � 3 PgfB / f CITY OF SALEM BOARD OF HEALTH U ' Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET HEALTH AGENT May 13, 1997 Tel:(508)741-1800 Fax:(508)740-9705 Mar-Lyn Trust A.B. &D.G. Welch 55 Lee Street Marblehead, MA. 01945 Dear Sir/Madam : In accordance with Chapter 111, 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 reinspection was conducted of the property located at#2&#4 Brown Street occupied by(Common areas &8 Apt's).conducted by Virginia Moustakis, Senior Sanitarian, on Tuesday, May 13,1997 at 10:00 A.M.. Notice: If this rental unit is occupied by a child or children under the age of 6 years, it is the property owner's responsibility to ensure that this unit complies fully with 105 CMR 460.000: Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this Order. Should you be aggrieved by this Order,you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s)to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. F the Board of Hea h: Reply to: nne Scott Virginia Moustakis Health Agent Senior Sanitarian cc: Fire Prevention, Electrical Dept. & Building Inspector Certified Mail #P 153 314 433 JS/sjk owh violet Page 1 of SALEM HEALTH DEPARTMENT 9 North SA 0 Salem,MA 01970 State Sanitary Code, Chapter,ll _105 CMR 410.000 Minimum Standards'of Fitnoss°fcr Human Habitation 3 r-S V/ r t agoQ 8Rdcen n a aiors /W i1rf �vwn Occupant: �_ M qmn /2/e.ed c Y Q,42/1•PY7'n".7_c Phone: Address: a LLrtd " ,,w .St. Apt. Floor Owner. I'Me-t-t,V-1k 7&4�Z 4&A1 Address: ixF Tr. LDc/06e/! 6;. /,t/CLe/} 7KvS7&E Inspection Date: Time m-.00 A-m Conducted By: ✓Mauctrs Accompanied By: Fr�FA9REr/FnnOA1 /"I/1fc/rrL ('-i�t.�'ceJ Anticipated Reinspection Date: JESckq-NEs Specified Reg 9 Violation Time 410. . . . S vl /Zt € r o� of E-/mreee t#'o2..��2 v S'/3—q7 ;O n/' OF NInYo Rom. { �! �- Lo S-Pa-/ SZJ S 2 �C• f t-1 u-97 1- E _/ - 3 �/ 1EA CE n/C ti FF-0 q _YJSf' n o'm _,- — /✓ C / EIN,EIV7 One or more of the above violations may endanger or materially impair the health, safety and well-being or the occupants(s) j C Enforceme Inspector Este es un documento legal importante. Puede que afecte sus derechos. Puede adquiriruna traduccion de esta forma. Page �_of SALEM HEALTH DEPARTMENT Date: .S /3-97 d{1\ � 9 North Street . •,�a '� Salem..MA 01970 Name: n,7)//26m ( 7ep C w 6 C7,prT Address: Specified Reg k Violation time 410. . . . dr- c ry 4,uO o RvII r3 7 t /- H-9 .S AIN L t utcc' Q # ed u » it l 61,6 7- AV e #� 02 # — 01 n/ N - XA ;e LL a d N n/ C APPF.NDUC lI(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. R nr Wi hholding(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 bebind: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 tiito court if a judge orders you to pay iL (For this,it is best to put the rent money aside in a safe place.) 2. Ren it nd D A,ct(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 welt being,and your landiord 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 therfr made)within five days after notice or to complete repairs within 14 days after notice, you can use up to four months'rent inany; year to make the repairs. 3; Reraiiatory Rent Increases orFvicfions Prohibit (Massachusetts General Laws,Chapter 186,section 18,and Chapter 239,: _ section ZA)i The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made the complaint, he or she wil1have.to show.a good reason for the increase or eviction which is unrelated to your complaint. You may be able to sue the landlord for damages of he or she tries this. 4. Rent R civ rsbin(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 m correct the violation.The receiver is not subject to a spending limitation of four months'rent 5. Breach of Warranty of Habitabilitvi',You maybe entitled to sue your landlord to have all or some of your renuictumed 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 attorney.If you cannot afford to consult an attorney,you should contact the nearest legal services office, which is: Neighborhood Legal Services 37 Friend St, Lynn, MA 01902 (617) 599-7730 A 4 3tt CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH,RS,CHO _ NINE NORTH STREET HEALTH AGENT Tel:(508)741-1800 April 28, 1997 Fax:(508)740-9705 Mar-Lyn Trust c/o Anne B. &Dudley G. Welch Tr. 55 Lee Street Marblehead, MA. 01945 Dear Sir/Madam : On January 14, 1997, an inspection was conducted of your property at 42 and #4 Brown Street in Salem by Building Inspector, John Jennings, Electrical Inspector, John Giardi and Health Inspector, Virginia Moustakis. In accordance with Chapter II of the State Sanitary Code, 105 CMR 410.000, a reinspection is being re-scheduled for May13, 1997 at 10:00 A.M.. You are hereby ordered to allow access and provide signed release forms where necessary to reinspect these premises. Failure on your part to comply within the time specified on the enclosed inspection report will result in 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. fFor the Board of Health: Reply To: Joanne Scott Virginia Moustakis Health Agent Senior Sanitarian cc:John Jennings, Building Inspector John Giardi, Electrical Inspector Councillor Reginna Flynn Fire Prevention 'Regular Mail JS/sjk Davis & Welch 0UI?.1)# RG DEPT Counsellors at Law Suite E �� Lakeside Office Park APCZ � 29 4;II '97 Elbridge G. Dads Wakefield, MA 01880 Tel: 617 246-3950 (1908-1955) RECEIVED Fax:617245-3772 Donald A.Welch CITY OF SALFrt, °USS. (1943-1990) G. Dudley Welch January 20, 1996 Mr. John L. Jennings Building Inspector City of Salem One Salem Green Salem, MA 01970 Re: 2-4 Brown Street Dear Mr. Jennings, I am in receipt of your letter dated January 16, 1997. To date, the alarm system at 2 Brown Street has been fixed and I will have a contractor attend to the remaining problems. If you have any questions kindly contact me. Very truly yours, G. Dudley Welch v CITY OF SALT'90AR6 OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET HEALTH AGENT - - Tel:(508)741-1800 January 16, 1997 Fpx:(508)740-9705 Mar-Lyn Trust c/o Anne B. Welch&Dudley G.Welch Tr. 55 Lee Street Marblehead, MA. 01945 Dear Sir/ Madam 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, ChaptRx It: Minimum_Standards of,Fitness for Human Habitation, an inspection was conducted of the property located,att##2 and#4 Brown Street occupied by(Common Areas&S Apartments)conducted by Virginia Moustakis;Senior Sanitarianno Tuesday, January 14,1997 at 10:00 A.M. &3:00 P.M.. Notice: If this rental unit is.occupied by a child or children under the age of 6 years, it is the property owner's responsibility to ensure that this unit complies fully with 105 CMR 460.000: R,3guiations 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 enclosedinspection 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 tile 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 giver!an.oppotlllnih'1 40 be heard and to present witness and documentary evidence as to why this Order should be mod'dfied 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. Fohe Board of Health: Reply to: rine Scott Virginia Moustakis earth Agent Senior Sanitarian cc: Tenan , 'Idin Inspector, & Electrical Wiring Inspector Certified Mail# P 544 343 473 JS/sjk pwh violet _ rage i o: \ ` SALEM HEAL TH DEPARUJENT 9'Nodh S.reat ` Salem MA' 01970 Stale Sanitary Cale Chapter;lt arm CMR 410 000. , jtMrcrimum Standards of RnEsMr Human:habrtallon Occupant 9,P,,,"mjW ?Pas AlY7nef77S Phone:— Address. hone:_Address dc(�, _ rC� /earn cSt AptS"-4L�-,r-#ylo /rJ;re-,ally rA-u/sr Owner. Amoy e- A ille C:l�61-14c�n i,e�7WmWress: Inspection Date: ,/-/ 10"(70402_ 7- 3:oo Pm Conducted By:. ✓�Ai/.Sr?j � Accompanied By:$�D(/nlj�? 7Z�HAl �7'ENN1 v Lf///2/Nq /Nd/O. PaN-N Cl Anticipated Reinspection Date: Specified Reg ft Violation Tame 410. . . . n i rd r GaL2e1176-g ,' y Q ti C e /IJav v m / $ h se et dX LVQjaj .v •u''77o /o Fee- IN ✓�Sy.P�"—/�— . d _ .✓4/� .Lc:Le]US'- G'�.S . (�F /.vim - -4,01�r ,v - 0,elaas 6P7Ve0-" -1, eqv One or more of the above violations may endanger or materially impair the health, safety and well-being or the occupants(s) V"" Aode Enforcement Inspector Este es un documento legal importante. Puede que afecte sus derechos. Puede adquinruna traduccion de esta forma. {z` 7''g I4�7h21 NOW WT"'Atzt!, RestdentaHous yfn' xi G° 11re following is a brle.f summaryof some of the legal remedles tenants may use[n o .ler to get honing code violations corrected: J. 1. Rent Withholding(Massachusetts General laws,Chapter 239,section 8A)-'If Code Vlolations'AreNot Being Corrected you may entitled to hold back your rent payments.You can do this without being evicted if: t 1, 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 d - 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 biro court if a judge orders you to pay it(For this,it is best to put the, rent money aside in a safe place.) _....L 2. Ren it nd Deduct(Massachusetts General Laws,Chapter 111,section 127L):The law sometimes allows you to use your tent money to make the repairs yourself.If your local code enforcement agency certifies that there,are code violations which endanger or materiaily impair your health,safety,or Fell 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 thedr made)within five days after notice or to complete.repairs within 14 days after notice,you can use up to four months'rent in any year to make the repairs- 3. Retaliatory Rent-lac rast s or Evictions Pmitibited(Massachusetts General Laws,Chapter 186,section 18,and Chapter 239,::- section 2A):The owner may not mcreaseyour rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made the complaint,he-or she.wiU:have.to-show.a good reason,for the increase or eviction which.is unrelated to your complaint_You.. may be able'ro` a tli`e 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 Watruly of Hahitahil.U.You maybe 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. lint it nd D6ke ivi Pri t; es(Massachuseus General Laws,Chapter 93A):Renting an apartment with code violations is a violation of the consumer protection act and regulations,for which you may sue an owner. The information presented above is only a summary of the law.Before you decide to withhold your rent or take any other legal action,it Is advisable that you consult an attorney.If you cannot afford to consult an attorney,you should contact the nearest legal services office,which is: Neighborhood Legal Services 37 Friend SL Lynn, MA 01902 (617) 599-7730 4 r v ��= 1 / Q _ /d Ii • '� 1 4 � •�_ Y_ ✓ --_ Lilo/ !/ l :/ u I -- S.7ll EM t4kEAL TH DEPART7fENT =e Date { 9 Nortilroet Salem 1TO 91970 R . lol Name. �irmrr�nr �aaS k ftiY,�rr.P tt :Address Specified Reg,# Vaiation Time 410. N 'ASS el /7n P�/C' RCrr.t .-. ./✓�' d-n e eiS 7- s i ._ !✓0 f- F r0' -•/ ° otic P C n n - CC' ry Pc ti S /1/ P Al Pao F��e ,tie ✓Pin not.✓ /c c J Cnitg of �ttlem, massttc4usetts 0(19LV Public Prnperttl Department Suilbing lgepartment (One tfalrm (Breen 500-745-9595 VA. 300 Leo E. Tremblay Director of Public Property Inspector of Building . January 16 , 1997 Zoning Enforcement Officer Dudley G. Welch 55 Lee Street Marblehead, Mass . 01945 RE : 2-4 Brown Street Dear Mr. Welch: On Tuesday, January 14 , 1997 , I conducted an inspection of the property at the above mentioned location and found the following violations : 2 BROWN STREET 1 . Alarm system in trouble mode . 2 . Emergency lights not working. 3 . No railings on basement stairs . 4 . Risers on basement stairs must be closed . 4 BROWN STREET 1 . Emergency lights not working. 2 . No railings in hallway from 1st to 3rd floor . 3 . No railings on basement stairs . 4 . No risers on basement stairs . 5 - No railings on basement stairs . 6 . Window in basement broken, clean area around meters . Please contact this office within fourteen ( 14 ) days upon receipt of this letter to inform us as to your course of action you will be taking in this matter. Failure to do so will result in legal action being taken against you . Thank you in advance for your anticipated cooperation in this matter . Since, e1y, J n J . J n "ngs Local Buildi g Inspector JJJ: scm cc : Electrical l H CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 0197813928 JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET HEALTH AGENT yNce!mber23, 1996 Tel:(508)741-1800 Anne B. Welch / - Fax:(508)740-9705 Mlar-Lynn R. E. Trust Dudley G.Welch, Trustee 55 Lee Street Marblehead, MA 01945 Dear Sir/Madam: We have received complaints of Housing Code violations existing at your multiple dwelling properties located at#2 and#4 Brown Streei in Salem. We have also been informed of the possibility of an illegal apartment at #4. Our records indicte that for years we have been sending you notices relative to contacting this department for Cert'Ifrcate of Fitness Inspections prior to renting to new tenants, in accordance With Article XIII, Salem Code of Ordinance. You also received copies of the Ordinance, application forms, release forms with each notification. To date there have been no inspections and no Certificates of Fitness issued on any of your apartments, in violation of said Article XIII which has been in effect since 1988. You are hereby ordered to contact this department within 7 days of receipt of this letter to arrange for said inspection. Copies of release forms are enclosed. Should you be aggrieved by this Order, you have a right to request a hearing before the Board of Health. A request for a Hearing must be received in writing in the office of the Board of Health within seven (7) days of receipt of this Order. At this 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, Notic3s or other documentary i.^.fo.,Mation in the possession of the Board and that any adverse party has the right to be present at the Hearing. Failure on your part to comply within the specified time can result in a complaint being sought against you in Salem District Court. For the Board of Health Reply to /Joanne Scott Virginia Moustakis Health Agent Senior Sanitarian JS/mfp CERTIFIED MAIL P 544-343-437 cc: Building Inspector✓Fire Prevention Electrical Department Councillor Regina Flynn P DATE OF PERMITPERMIT No. OWNER LO ATION - 1 0harles E°icA-rdle 14�Brown Street 9 I _ STRUCTURE MATERIAL DIMENSIONS No. OF STORIES No.OF\FAMI IES WARD COST 3 I I 2 I U 19500._ Dwelling 'Wood 2.5 'x42 ' — �4 BUILDER 84- owner Remove (4) rooms on 3rd floor, install root' over 2nd floor; 500. ��ii/•3t3Y �ce..==�f�=�G—/3s.%e.;r�-Sv-• 1u .12 . 73 #349 aebulld 3rd 23� story damaged by fire ; remove,replace joists and girths . (G.ontrTP.Panta.pa.$) 6 , 400. � 2/20/80 - Bd. of Appeal - Philip Frasca- 5 studio apartments-5 parking spaces GR4?dTED �w , 5/19/80/Aner=Gary Palardy) Renovate and finish interior;variance appv'd by $d qp A.ppeals rel. Certificate of Occupancy Issued (Gary Palardy) Multi-Family Dwelling (5) 8 8 22/ 0 �'✓- ATE OF 7HRMIT F'L:MIT NO OWNERL CATION � n -- - - ; "'JELLING I MAI ERIAL DIMENSIONS NO.GF ST POCKET FOLDER STORIES LIF FAMILIES K' O I �'UILDER - COST y_H3: ETHER E., S. :.1ATEF.IAL DIMENSIONS N0.Of STORIES I UILDER PLAN IJO.SH HET a St a. 10 #150 (Owner–Philip Kokias) Repair fire damage;remeve 3rd floor, as new roof; Build shed on roof as means of aceesa,new bathrcoms, install acoustical ceiling. 13 ,000. 4FIs 12/21/84 #642 ( Mr. Welsh-Owner) Reroof 2/21/85 #73 Rehabilitate-rebuild(2) ki.tchens, (2) baths,block up one door„sheetrock etc 3/19/85 Certificate of Occupancy Issued for Apartment #1 only .>: :g a -.,'- y4' `,��°veiy`�,' .N 4 �..;taaF 'T'"v.. �= P• n.J,�"u aa"nti.� i.. BERKAL, STELMAN & DAVERN ATTORNEYS AT LAW BARRY O.BERKAL 26 LYNDE STREET LEONARD A.BERKAL MICHAEL N.STELMAN SALEM, MASSACHUSETTS 01970 TIMOTHY J.DAVERN TEL: (617) 745-4010 OF COUNSEL DAVID A.OOOCOF MARTIN BERKAL September 18, 1979 MOSES I.BIMON The Office of the Building Inspector City of Salem One Salem Green Salem, MA 01970 RE: Property located at 4 Brown Street Salem, Massachusetts Gentlemen: On November 29, 1977, I appeared before the Appeals Board of the City of Salem and presented a petition for a variance nexus the above entitled premises. The variance was unanimously granted on November 29, 1977 and I have enclosed, for your file, a copy of the decision rendered in said matter which was filed with the City Clerk's office in Salem, MA on December 8, 1977. Approximately one week ago I was advised by my client, Allan E. Legere who resides at 9 Superior Street in Swampscott, MA that he was now the owner under a Purchase and Sale Agreement relating to the locus. He intends to do exactly what was permitted under the decision rendered by the Appeals Board referred to above. He will use the identical plan, apply for a building permit immediately and complete the work in conformity with the plans with all due diligence. The question has risen however concerning whether or not he must apply for a new though identical variance to be issued by the Board of Appeals. The reason for this possibility arising is because the present record owners whom I previously represented did not secure a building permit within one year of the date they received their variance. I have read the most recent copy of the City of Salem Zoning Ordinance and I would call the following provisions of same to your attention: Section IX C. 4, last paragraph. This Section provides that.no variance or special permit -- shall take effect -- until a copy of decision -- is recorded in the Registry of Deeds -- under the name of the owner -- on the owner's Certificate of Title.-- This in actuality was done by the individuals previouG ly represented and a photostatic copy of same is affixed hereto and incorporated herein by reference. You will note that the decision was duly filed and September 18, 1979 The Office of the Building Inspector Page Two noted on their Certificate of Title on January 13, 1978. Section IX D. last paragraph. Kindly note that this Section relates only to special permits and we have received a variance. In any event, the last paragraph provides "any special permit granted under this Section shall lapse within two years -- if a substantial use thereof has not sooner commenced except for good cause or, in the case of a permit for construction, if construction has not begun by such date except for good cause." It is respectfully submitted that even though this particular Section of the By-law relates to special permits and not to variances, that Picano and Fournier (the petitioners named in the decision enclosed) in all due haste did pursue the course of action set forth in the Zoning By-law by having the variance noted on their Certificate of Title. As indicated on their Certificate of Title, a copy of which is enclosed, I also went forward and secured the initial financing required of them in order to purchase the property. In addition, they spent considerable time, effort and some money in preparing the in- terior of the premises for the work that was begun. They subsequently ran into financing problems and personal family related matters which prevented them from completing the work in conformity with the plans. It is respectfully submitted, however, that the steps that they did take, namely, the recording of the variance, the securing of the initial financing allowing them to purchase the property, and, the rather lengthy preparation work they did within the structure to prepare it for the al- terations invisioned by the plans, all show that they were actively pursuing within the time stand permitted by the Zoning By-law to exercise their rights granted to them by the decision. Section IX E. paragraph 2 where it is provided, by the most recent amended to the Zoning By-law, which may not have been in effect at the time the variance was granted but, nevertheless, provides as follows "rights authorized by a variance that are not exercised within one year of the date of the grant of such variance shall lapse". It is respectfully submitted, that because of the course of conduct indicated Above the petitioners, Picano and Fournier did commence to exercise almost immediately the rights auhtorized by said variance. The only other matter which I have discovered which, in my opinion, should be brought to the attention of the building department is contained in the last paragraph of Chapter 40A, Section 10 of the Massachusetts General Laws as most recently amended. This paragraph provides as follows: r' September 18, 1979 Office of the Building Inspector Page Three If the rights authorized by a variance and not exercised within one year of the date of grant of such variance they shall lapse, and may- be re-established only after notice and a new hearing pursuant to this Section." This is very similar to the verbage contained in the City of. Salem Zoning By-laws referred to above. For the same reasons as set forth therein, as respectfully submitted, that, in fact, Picano and Fournier have exercised their rights under the grant of variance by recording same as directed, securing there financing, doing all the preliminary work required for the actual construction, etc. In connection with the foregoing, it is therefor requested that my client, Allan E. Legere, be granted a building permit which would permit him to complete the work authorized by the variance referred to above in complete conformity with the plans and specifications filed with the Board of Appeals when the variance was applied for. If you have any questions concerning the foregoing or I may be of any assistance to you in nexus therewith, kindly contact me at your earliest convenience. Yours very truly , BERKAL, TE & DAVERN Timothy Da er tjd/lv encl. cc: Mr. Allan E. Legere cc: Louis A. Picano cc: Armand Fournier c/o Andy Fossie, Esquire �t#Ut�,C J.y}}T�� r�tr y�gry�rst �r tfy.ry�1.y }� Of 5412 , � N�1.�jLaL r'y�il�li:7 RECEIVED 1 `; •� •\ )u Poarb Df '4JP214 UEC b G 4 i �r� $77 c)s- \v Gf 'Vs NOVEMBER 29, 1977 CITY L=rt• 'S �r.FJCE SALEM, DECISION ON THE PETITION OF LOUIS A. PICANO, 28 LILLY ST. , LYNN, MASS. AND ARMAND FOURNIER, 22 HARWOOD ST.,LYNN, MASS.CONCERNING.4 BROWN ST. PROPERTY 4 A hearing on this petition was held November 29, 1977 with Board members Donald Eames, Jane Lundregan, Arthur Labrecque, William Abbott and Douglas Hopper present. Notices were sent to abutters and others in accordance with Mass. Gen. Laws, Chapter 808. Atty. Timothy Davern, One Salem Green, represented the Petitioner before the Board. The locus consists of a three story, one half house, which as been in its present location prior to the adoption of the Salem Zoning By-laws. The land is registered. Since there will be no change in its location, it actually has no side line since the Division of the building is by the lot line as shown on the copy of the land Court Plan dated March 28, 1924. The structure itself is totally empty inside having sustained substantial damage by fire. The Petitioner proposes to d4 vide the three story structure into five studio, one bedroom, apartments and provide five off street parking facilities for use of the occupants. The Petitioner argued that there are a number of multi-family and three story structures in the area and that the use proposed would be in conformity with the use that is actually prevailing in the neighborhood. The Petitioner stated that it is not financia feasible to use the apartments for three families, which is allowed under the R-2 District by Special Permit. They argued that the cost of refurbishing the interior would be excessive and. that itis only financially feasible if they can have the five units. The Board granted the variance requested. The Board found that the general charact, : of the neighborhood is one of multi-family use, and that the cost of converting and re- doing the house would be financially impractical without allowing the five units. There- fore, the Board voted to grant the variance requested to allow the Petitioner to convert the house into five studio, one bedroom, apartments and to provide five off street parkinq facilities for the occupants. The Board found that it could grant the variance requested without substantial detriment to the surrounding neighborhood and without derogating frog. the intent of the Salem Zoning By-laws. VARIANCE GRANTED ***** xa*x**x APPEAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS. GEN. LAWS, CHAPTER 808, AND SHALL BE FILED WITHIN TWENTY DAYS AFTER THE DATE OF FILING OF THIS ,. DECISION IN THE OFFICE OF THE CITY CLERK. PURSUANT TO MASS GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE, OR SPECIAL, PERMIT GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL A COPY OF THE DECISION BEARING THE CERTI- FICATION OF THE CITY CLERK, THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH. AN APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED, IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS RECORDED AND NOTED IN THE OWNERS CERTIFICATE OF TITLE. . A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOAR AND THE CITY CLERK. � U V T. Lundregan ✓✓✓secretary m� 4 BROWN STREET PROPERTY -2- NOVEMBER 29, 1977 BEARING THE CERTIFICATION OF THE CITY CLERK, THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, OR THAT, IF SUCH AN APPEAL HAS BEEN FILED, THAT IT HAS BEEN DISMISSED OR DENIED, IS RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND INDEXED UNDER THE NAME OF THE OWNER OF RECORD OR IS RECORDED AND NOTED IN THE OWNERS CERTIFICATE OF TITLE. A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AIJD THE CITY CLERK. BOARD OF APPEAL ane T. Lundregan � Secretary 1 r .5 i 9173 I. � -°-'Jtl�'V&t -°- 'the duly appointed rnd n'.-lified City Clerk of the - Cf ''lei, do hereby certify that ty ([;.(I) days have e:cpired since the ftl.inn of this instrument in the City Cler'k's Office of the City of Sale© and that no Notice of Appeal has been filed with this office in accordance with Chap- ter 40A of the General Laws of the Common- wealth of Massachusetts., ATTEST: _ Q ppCUMENT NO —/—L-" r ro_?r - .. T fECS Y F.—fit i� 0 G �:'� Gam. -i= . �/LCLI/I✓ce� A TRUE COPY OF DOCS T / \ ATTEST: I 1 Assist -it Recorder _.n i. ESSEX SOUTH REGISTRY DISTRICT Jury 13 1978 RECEIVED-,�Z0'CLOCK -;�-I-✓_ ;e2 M19 NOTED ON CERTIFICATE.-X17 REGISTRATION BK. —L6- J , i d'y4 A rJrR4R '�'�'^ Subdivision of /ot 4 showa on Plan fi/ed with 8416 41 Cert of Title No.3904 South Reyl, t( y District of Essex County ! LAND /N SALEM Scale 20 feet to an inch MAR. 024 Thomas A. 4pplelon C.E. M t`. 81 -K 86`?1, 2!51 1 3/.7.f J7& .� wr E Q N //XA a 48.5/ s9f�s N.80q31•e, - BROWN STREET T,�nib, '�'icgistrp �ist I ' es s n t. . _ f_IVLU AND FILED ---_. __. - Q Coq of grfi of plan me �!'Ifi'celes of Ii//o may be hereon �.,• , „ , ,-� , c Na....� _4 ( —filed m — LAND R£616TRATION OFf/C£ A.28,IYU _..,.. ._ Stale of Mxr pan top fat to on indr Recordei GBMme, ArCawtV oerrKnt_, s�zt.ranrr n rrnvr ��,,r DA'rE: . ........... __. _.- .. . _.__-------- rrn�.:: ,�iit�se� rs orsr>o - k,, in o APPEAL CASE NO.... ........._..... . *6 � ,;,, CITY 0V St Elm, MASSAC USETTS '1'0 Tllf. [BOARD OF APPEALS ttudar a purchase and sales agreement 'Che Undersigned represent that 0117 is are the Owners/of a certain parcel of land located at Nr u.. 4.IIrnan Street - ...-... .......Street; Zoning Diserict__R-2........... Section and said Parcel is affected by -*mmh V V1IV..;l.1 &f -the Salem Zoning By-Laws and Section...... ............... of the Building Code of the City of Salem. Plans describing the work proposed, have been subulitted to the Building Inspector in accordance with Part _, of the Building Code of the City of Salem. Briefly, the work is as follows: - . Titc locus consists of a three story, one half house, which has been in its present location prior to the adoption of the Salem Zoning By-Laws. The land is registered. Since_ there will be no change in its location, it actually has no side line since the 1ti.vislon of the building is by the Lot Line as shown on the copy of the Land - Court Plan dated Nlarch 28, 1924 hereto affi.ed. The structure itself is 'totally er•.: rCy' inside (a shell) having sustained substantial damage by fire. The petitioner proposes to divide the three story structure into five studio (one bedroom) a trt- mems and. provide five off street parking facilities for use of the occupants, all in conformity with the plans submitted herewith- Th 6 erewith.The Application for Permit was denied by the Building InsOctor for the following reasons: The Undersigned hereby petitions the Board of Appeals to vary the terms of the Salem Zoning By-Laws and the Salem Building Code and order the Building Inspector to approve the application fee peunit to build - as filed, as the enforcement of said 'Loring By-Laws and Building Code would involve practical difficulty or un w-cessary hardship to the Undersigned and relief may be granted without substantially derogating from the intent and purpose of the Zoning By-Laws and Building Cotte for the following reasons: There are numerous three story and/or multi family structures in the general area. The exterior appearance of the building will' remain substantially unchanged (the only remain- ing part of the structure not restored is in the area of the entrance way) . The pro- oosed use will be in conformity with that now actually prevailing in the neighborhood. Ry converting the„building into studio apartments, the number of parking spaces actually required should be reduced considerably. The general character of the neighborhood will not be changed and the proposed work to the structure can he effectuated without derogat- ing from the intent and purpose of the 'Zoning By-Laws, the size, shape and location and condition of the building constitutes a condition not generally affecting other land ..rnd bniadings in the area and literal enforcement of the Zoning; By-Laws would involve substrartial hardship to the petitioner. . . 6 tly Street Lynn, lik n1Ce Nov3mber 1, 1777 2 l:arwood S rCet By._, ..... L 1....024......._._... . __.......... ................. -fh:a applicatinn must he 41ed at the City Clcrk'c Of_nc, for Advertising in the amount of. 2', S. ... .............................. four (4) weeks prior to the mcetng of tic Board of Appeals. Check payable to The - 1{vrnin News. Y Cert No. 47572 Tranfer (Certificate of Zitte. Doc.No. 164336 From Certificate No. 47290 Originally Registered December 23, . 19 21 , in Registration Book 16 Page 3878 . for the, Southern Registry District of Essex County. Vjig ig to Certitp that Armand J. Fournier Jr. and Louis A. Picano, of Lynn in the County of Essex and Commonwealth of Massachusetts, are the owner(s) In fee simple each of an undivided one half (1/2) part, tl of that certain parcel (s) of land situate in Salem In the County of Essex and said Commonwealth of Massachusetts, bounded and described as follows: SOUTHEASTERLY by Brown Street forty eight and 51/100 (48.51) feet; WESTERLY by lands now or formerly of William V. McDermott and of Mary J. Williams, on two lines measuring together, one hundred twelve and 72/100 (112.72) feet; NORTHERLY by lot B-1, as shown on plan hereinafter mentioned, twenty six and 52/100 (26.52) feet; and NORTHEASTERLY thirty five and 04/100 (35.04) feet, NORTHERLY five and 05/100 (5.05) feet, and NORTHEASTERLY seventy three and 13/100 (73.13) feet by lot A-2, as shown on said plan. N All of said boundaries are determined by the Court to be located as shown upon plan numbered 8416-C, drawn by Thomas A. Appleton, Civil Engineer, dated March 1924, as modified and c approved by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with Certificate of Title 114941 in said Registry, and the above described land is � shown as lot A-1, on last mentioned plan. C N ►�,o I • ,o y r � . 0 to w � .. - ell 'H' fA DA f. O O PC C ¢ .. 4 e -i• J - .. .# "'.6k�L1E.'�;4Y�5.`r1ai�Y33lc,..,..i..•wu�'.'�C'iw;�;�" `$4f�3�ra.�q ro-11a ri i r i I And it is further certified that said land is under the operation and previsions of Chapter 185 of the General Laws, and that the title of said Armand J. Fournier Jr. and Louis A. Picano I to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forry-nix of said Chapter, which may be subsisting, atuisubjec�ake_ _ W,TNws, WILLIAM 1. RANDALL, Esquire,Judge of the Land Court, at Salem, in said County of Essex, i the thirteenth day of January in the year nineteen hundred and seventy eight + at 12 o'clock and 95 minutes in the of ter, noon. Attest, with the Seal of said Court, �LpN,� �,.Ui_�L�•> ii.n it JOHN(-. C)'RRIF.N, Jr., Assistant Recorder i t MEMORANDA OF ENCUPIAB DANCES _ C4 THE LANA DESCRIBED IN THIS CERTIFICATE -- DNUMBER"C KIND RUNNING IN FAVOR OF TERMS I Dere oP NUMDATE OF SIGNATURE OF BER ixsTRVMPxr RECLSTRATIOIN ASSISTANT RECORDER DISCHARGE f,/wl.� /�'� (�1 f��// t•G�u(tN G.=¢L�� Yutt lr-.f. YEAR 6 D. H. M. A.M. - MONTH or 11 f a lel . 197 P.H. tu It ? 7 :� SS m / 1 - 3 y crc / 77Y 197 IG 3 1Y I.,r.0. .,,:G.1 x t,,. r : p A ' �4/' N `firaeJr�.a.cik `L ad a 15, 0&. C.? = P n LC.? /99v i I j j i I i __ ail r: " SERKAL, STELMAN &.DAVEP,N ATTORNEYS AT LAW - eAAavo.eE. (AL 26 LYNDE STREET LEoknt•o.�.ek'NAL SALEM, MASSACHUSETTS 01970 BICk.EE6 N.!'TEWAN , YK: TIW J.rA-ARN TEL: (617) 745.4010 " OF COUNSEL I^% IA.OQO' F - September 18, 1979 MARTINOERNAL. MOSES I.SIMOK The Office of the Building Inspector City of Salem One Salem Green Salem, MA 01970 RE: Property located at 4 Brown Street Salem, Massachusetts Gentlemen: On November 29, 1977, I appeared before the Appeals Board of the City. of Salem and presented a petition for a variance nexus the above entitled premises. The variance was unanimously granted on November 29, 1977 and I have enclosed, for your file, a copy of the decision rendered in said matter which was filed with the City Clerk's office in Salem, MA on December 8, 1977. Approximately one week ago I was advised by my client, Allan E. Legere who resides at 9 Superior Street in Swampscott, MA that he was now the owner under a Purchase and Sale Agreement relating to the locus. He intends to do exactly what was permitted under the decision rendered by the Appeals Board referred to above. He will use the identical plan, apply for a building permit immediately and complete the work in conformity with the plans with all due diligence. The question has risen however concerning whether or not he must apply for a new though identical variance to be issued by the Board _: of Appeals. The reason for this possibility arising is because the present record owners whom I previously represented did not secure a building permit within one year of the date they received their variance.,: I have read -the most recent copy of the City of. Salem Zoning Ordinance and I would call the following provisions of same to your attention: Section IX C. 4. last paragraph. This Section provides that no variance or special permit -- shall take effect -- until a copy of decision -- is recorded in the Registry of Deeds -- under the name of the owner -- on the owner's Certificate of Title. - This in actuality was done by the individuals previously represented and a photostatic copy of same is affixed hereto and incorporated herein by reference. You will note that the decision was duly filed and 1 T a: September 18, 1979 The Office of the Building Inspector Page Two noted, on their Certificate of Title on January 13, 1978. .: Section IX D. last paragraph. Kindly note that this Section relates only to special permits and we have received a variance. In any event, the last paragraph provides "any special permit granted under this Section shall lapse within two years -- if a substantial use thereof has not sooner commenced except for good cause or, in the case of a permit for construction, if construction has not begun by such date except for good cause." It is respectfully submitted that even though this particular Section of the By-law relates to special permits and not to variances, that Picano and Fournier (the petitioners named in the decision enclosed) in all due haste did pursue the course of, action set forth in the Zoning By-law by having the variance noted on their Certificate of Title. As indicated on their Certificate of Title, a copy of which is enclosed, I also went forward and secured the initial financing required of them in order to purchase the property. In addition, they spent considerable time, effort and some money in preparing the in- terior of the premises f$r the work that was begun. They subsequently ran into financing problems and personal family related matters which prevented them from completing the work in conformity with the plans. It is respectfully submitted, however, that the steps that they did take, namely, the recording of the variance, the securing of the initial financing allowing them to purchase the property, and, the rather lengthy preparation work they did within the structure to prepare it for the al- terations invisioned by the plans, all show that they were actively pursuing within the time stand permitted by the Zoning By-law to exercise ;. their rights granted to them by the decision. Section IX E. paragraph 2 where it is provided, by the most recent amended _ to the Zoning By-law, which may not have been in effect at the time the variance was granted but, nevertheless, provides as follows "rights authorized by a variance that are not exercised within one year of the date of the grant of such variance shall lapse". It is respectfully submitted, that because of the course of conduct indicated above the petitioners, Picano and Fournier did commence to exercise almost immediatelytherights.._ auhtorized by said variance. The only other matter which I have discovered which, in my opinion, should be brought to the attention of the building department is contained in the last paragraph of Chapter 40A, Section 10 of the Massachusetts General Laws as most recently amended. This paragraph provides as follows: 'f. •LiM_. .:C[ t ..,.. .. sr ? 6Y F ti;� 1 ..' . `�� .. ..-:'il• S2;S`t � r .. -. . ..a Y ...� S.. -.Y.vY .+T ... .fes. :aSty . ... Y �u ur... . �:fi .. .. . ."4. .'.*. N f •. ,. w v v September 18, 1979 Office of the Building Inspector" Page Three If the rights authorized by a variance and not exercised within one year of the date of grant of such variance they shall lapse, and may- be re-established only after notice and a new hearing pursuant to this Section." This is very similar to the verbage contained in the City of Salem Zoning By-laws referred to above. For the same reasons as-set forth therein, as respectfully submitted, that, in fact, Picano and Fournier have exercised their rights under the grant of variance by recording same as directed, securing there financing, doing all the preliminary work required for the actual construction, etc. In connection with the foregoing, it is therefor requested that my client, Allan E. Legere, be granted a building permit which would permit him to complete the work authorized by the variance referred to above in complete conformity with the plans and specifications filed with the Board of Appeals when the variance was applied for. If you have any questions concerning the foregoing or I may be of any assistance to you in nexus therewith, kindly contact me at your earliest convenience. r Yours very truly , BERKAL, rSTE1i& DAVERN Timothy 7., Davern tjd/lv encl. -__. . . cc: Mr. Allan E. Legere = - cc Louis A.'. Picano _ cc: Armand Fournier sa c/o.Andy Fossie, Esquire = - a ;. Nobly .01 62921 11� , 1 N7tl 777 -MMS CIT";r F NOVEMBER 29, 1977 � ;SA!Li�b a b E iC �.5. DECISION ON THE PETITION OF LOUIS A. PICANO, 28 LILLY ST. , LYNN, MASS. AND ARD?AND FO[IRFiIL;R, 22 HARWOOD ST. ,LYNN, MLASS .CONC7C:!-IC-4 BROWN ST. PROPF,'r'.`lY A hearing on this petition was held Novenfosr 29, 1977 with Board members Donald Eames, Jane Lundregan, Arthur Labrecque, William 7bhott and Douglas Hopper present. Notices were sent to abutters and others in accornance with Mass. Gen. Laws, Chapter 808. Atty. Timothy Dave.rn, One Salem Green, represented the Petitioner before the Board. The locus consists of athree story, one half house, which as been in its present location prior to the adoption of the Salem Zoning By-laws. The land is registered. Since there will be. no change in .its location, it actually has no side line since the Division of the building is by the lot line as shown on the copy of the land Court Plan dated March 28, 1924. The structure itself is totally empty inside having sustained substantial damage by fire. The Petitioner proposes to divide the three story structure into five studio, one bedroom, apartments and provide five off street parking facilities for use of the occupants. - 1 The Petitioner argued that there are a number of multi-family and three story structures in the area and that the use proposed would be in conformity with the use that � is actually prevailing in the neighborhood. The Petitioner stated that it is not financiall feasible to use the apartments for three families, which is allowed under the R-2 District by Special Permit. They argued that the cost of refurbishing the interior would be - excessive and that it is only financially feasible if the; can have the five units. The Board granted the variance requested. The Board found that the general character of the neighborhood is one of multi-family use, and that the cost of converting and re- doing the house would be financially impractical without allowing the five units. There- fore, the Board voted to grant the variance requested to allow the Petitioner to convert the house into five studio, one bedroom, apartments and to provide five off street parking .facilities for the occupants. The Board found that it could grant the variance requested without substantial detriment to the surrounding neighborhood and without derogating from the intent of the Salem Zoning By-laws. - - - - VARIANCE GRANTED -t1PPFAL FROM THIS DECISION, IF ANY, SHALL BE MADE PURSUANT TO SECTION 17 OF THE MASS . GEN. ishiS, CHAPTER 808, AND SHALL BE FILED WITHIN 'i',4E'v?Y DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE- CITY CLERK. - - PURSUANT TO MASS GEN. LAWS, CHAPTER 808, SECTION 11, THE VARIANCE, OR SPECIAL PER?4IT GRANTED HEREIN, SHALL NOT TAKE EFFECT UNTIL- A COPY 07 THE DECISION BEARING THE CERTI- FICATION OF THE CITY CLERK, THAT TWENTY DAYS HAVE ELAPSED AND NO APPEAL HAS BEEN FILED, , OR THAT, IF SUCH AN APPEAL HAS BEEN FILED, THAT II HAS BEEN. DISMISSED OR DENIED, IS - - - RECORDED IN THE SOUTH ESSEX REGISTRY OF DEEDS AND 17DEXED UNDER. THE NAME OF THE OWNER Of, RECORD OR IS RECORDED AND NOTED IN THE OWNERS CERTIFICATE OF TITLE. A COPY OF 'PHIS DECISION HAS BEEN FILED WITH THE PLANING BOARD AND THE CITY CLERK. 5' !/,Jane T. Lundregan '/Secretary ._ - gDIIDiNG DEPT DONALDSON AND SMITH ATTORNEYS AT LAW ,`Yyy� SIX LYNDE STREET SALEM, MASSACHUSETTS 01970 �1''n two 52 WILLIAM H. K DONALDEONRoti 4tlY L� • 745-8050 EARLE H. SMITH t��4AI C�I lA ��`�� FREDERIC W. KINSLEY CITY OF TERRENCE E. BURKE Daniel F. Mansur July 29, 1976 Assistant Building Inspector City of Salem One Salem Green Salem, Massachusetts RE: 2-4 Brown Dear Mr. Mansur, Enclosed please find a copy of Land Court Document No. 118804, which you requested in the above matter. Very t my your rrence EA ke TEB. h/s encl. CC. o� w +As' f24NF� ,. � � J ,•�1 r�'r� � ��:,.�y a a�� v This Indenture, made on the twenty-third day of February, in -the year one thousand nine hundred and sixty-six Witnesseth that Philip D. Koklas (hereinafter called the „1 y- Lessor; which expression shall include his heirs and assigns t * where the context so admits) does hereby lease, demise and let , unto Dennis T. Koklas, the lot of land with the garage building thereon shown as Lot 2 on a plan entitled "Sub-division of Lot A2 as shown"on plan:#8416c-', : filed with -Cert, of Title No. 4941 3 f `a South Essex Registry of Deeds, Land in Salem, Scale 1 in. = 20 ft., December 7, 1964, Edwin T. Brudzynski, Surveyor, " a copy +w �. of which plan is attached hereto and incorporated herein as a a q;, part hereof, said demised premises being more particularly "! bounded as follows: ,£ SOUTHERLY by Lot 1, as shown on said plan, 30.39 feet; L WESTERLY by Lot Al, as shown on said plan, 28.83 feet; NORTHERLY by land of Frank H. Wetmore, as shown on said c plan, 31.75 feet; and r EASTERLY by Kimball Court, as shown on said plan, on two courses, 6.39 feet and 21.58 feet. ao "Together with the right,-iin common with others entitled thereto, to use, during the term of this lease, Kimball Court �p for foot and vehicular traffic and for whatever other purposes Rid l may'be,necessary and incidental to the utilization of the de mised'premises by the lessee. - . Said leased premises are to be used by the Lessee for what- ever proper and legal purposes he may desire. Fa CHARLES,.RAHAGOFouloS a ATTORNEY AT LAW m wnenmcTory ereeeT Ot SALEM,MASSACHUSETTS F+8' fA AAW lyyp y,{q�1 'yy]y1 µ �Yir1�aJ YM irveYlY5YY1IY^Ii�Y� W�Y��Y i A ` u Ii t 4 r Fk f ft l� 1°T To Have and To Hold the premises hereby e y demised for the r term of the Lessee's natural life, beginning with the date —� first above written., . Rp:.. . Yielding and Paying therefor the yearly rent of One Dollar ($1.00) together with an .amount equal to the real estate taxes < assessed on the garage building thereon and to such proportion- pF ate part of the real estate taxes assessed on the land as the square footage of land demised bears to the combined total ^ square footage of Lot 1 and Lot 2, as shown on - a said plan. The Lessor shall not be bound to make any repairs to the said garage building located on the premises, but the Lessee I s: may make any repairs or improvements he desires to said build- - ing and may tear down said garage and build another structure '. on the demised premises if he so desires, at his own expense. " In witness whereof, the said parties have hereunto inter- changeably set their hands and seals the day and year first x above written. Signed and sealed in 0 the presence of: 7� COMMONWEALTH OF MASSACHUSETTS o ESSEX, SS: - February 23, 1966. Then personally appeared the above named Philip D. Koklas ` and acknowledged the foregoing instrument to be his free act and deed, before me, - CHARLESJ.FANAGOnULOS ATTORNEY AT LAN It ,k . - /jy- - OL 6 el wASHlN."M STpsn A''F. - Notao Publ1 - } ULEN NASUCHUSMTS E �f My Commission expires: Dec. 23, 1971 A, 9 w u, Fyyy L :3�yi o � y {,"Olm" i#g of Alam, 'Massar4uset#s f Publit ProyatV Department Dui Ding PgVartrteut �ml�n �f3. �3ofiners 5 �rottD �freeY zap-nzi� July 26, 1976 Donaldson and Smith Six Lynda Street Salem, MA 01970 RE: 2-4 Brown Street Salem, MA 01970 Attn: Mr. Terrance E. Burke Dear Mr. Burke: With reference to your lettere of June 24, 1976 and July 21, 1976, we wish to advise as follows: 1.) The Salem Board of Health assures us that ihere is no health problem associated with the contents of the structure. 2.) If you will forward a copy of the document referred to in your letter of July 21, 1976 we will review the situation as to any possible zoning violation. Very truly yours, Daniel F. Mansur, A.I.A. Assistant Building Inspector DFM:tc BUILDING flBl'I DONALDSON AND SMITH ATTORNEYS AT LAW ^^ 1� 20 ��'�� SIX LYNDE STREET SALEM, MASS � TS 92700 RECEIv MJAQSS: WILLIAM H. K. DONALDSON CI V O� SALE I 745-8050 EARLE H. SMITH 11 FREDERIC W. KINSLEY TERRENCE E. BURKE Building Inspector July 21 , 1976 City of Salem One Salem,Green Salem, Massachusetts RE: Nos. 2 -4 Brown Street Dear Sir, I am writing in reference to Nos. 2 - 4 Brown Street in the City of Salem. Approximately 3 weeks ago I spoke with you about a letter I had sent to you dated June 24, 1976. Concerning the zoning problem mentioned, you stated the commercial use of the back building at No. 2 Brown Street did not fall under zoning regulations. This was due to the zoning regulations being only applicable to uses after the institution of said regulations. Prior uses would thus be unaffected. According to the records at the registry of Deeds band Court section,the commercial use of the back building started with a lease dated February 23, 1966. (see Document 118804 on file) Therefore I again request review of this situation, and appropriate action be taken. Very truly yours, err ."Bee� TEB.h/s cc. BUILDING OEPT DONALDSON AND SMITH ATTORNEYS AT LAW I - � '76 SIX LYNDE STREET SALEM, MASSACHUSETTS OJY�O I 37 nM WILLIAM H. K. DONALDSON RECEIVED 745-8050 EARLE H. SMITH CITY OF SALEM,MASS. FREDERIC W. KINSLEY TERRENCE E. BURKE Building Inspector June 24, 1976 City of Salem One Salem Breen Salem, Massachusetts Dear Siri I represent Charles McArdle of North Street, in the City of Salem. Mr. McArdle is the present owner of 4 Brown St. in said Salem. We would like to bring to your attention a situation at No. 2 Brown St. which he feels warrants action by the Building Inspectors office. At No. 2 Brown St. the outer building is being used for the purpose of commercial grain and food stor- age. Also said building located in a residential area "9. is being used to carry on a commercial food operation, to wit the sale of popcorn. This operation is run without the benefit of running water within the building and other unsafe sanity con- ditions. It is clearly felt that the commercial use of this building is a violation of the building code. Further the storage of these grains and foods has created a dangerous situation through the attraction of numerous rodents. I would appreciate action being taken on this matter, and also a reply to this communication. Much obliged. Sincerely, S/ 5 Terrence E. Burke TEB. CC. �/517G 1 r h L� � ✓� -°1VS p O 0 , - Yle, TPAr �"t.l./a✓r .�� IRb! neo+ , O W i BY HAND BUILOM DEPT N 42 6_`f A 17:3 August 30 , 1973 Mr. Daniel O'Brien Building Inspector 5 Broad Street Salem, Massachusetts Dear Mr. O'Brien: Request is hereby made for building permits to renovate and rehabilitate the existing structures at 14-16 Brown Street. and 4-6 Brown Street Court. Very truly yours , Daniel W. Mc Hugh 25 Lynde Street Salem, Massachusetts This letter has been received as of August 1973 . ♦ e ; y No.------------- ------ Application for Permit for Alterations, Repairs, & Demolitions 44 Location, Ownership, and DETAIL Must Be Correct Permits Must Be Obtained Before Beginning Work Salem, Mass., _-- U ---- 1. .__ 1973_ To the INSPECTOR OF BUILDINGS: pp 't�6�Gr -------- e The undersigned applies for a permit to the following described building: --- Sbuil -�o - -r� ``�N T — Ward Name of owner _D14-Pl_L'__'--_W_ mc-f of-6-- -----.IV',____------ Name of occupant --------AJOAIC-_________---------- Name of mechanic or Contractor _-_______- ✓mr c-_________________________ Name of architect _____AJ a .u_L.---__--.______- Number of Stories ___-�-q_________; Material of Roof_45-ph q ir-----------; Material of Building --W_o-0_0_____J-g4 Mi-_ Size of Building — pP-gox----- 3o x 60 P'gC-h---o'ue--------------------------------------- --------------------------------------------- Ist Floor ---- -------------------------- 1st Floor -2Pt---S--- 2nd Floor _-- _______--__................ 2nd Floor A(J-i--S-- Existing use of Building 3rd Floor_- '--------------------------- If vacant show Previous Use 3rd Floor 14-P-_i__S--- 4th Floor ---------------------------------------------- 4th Floor 5th Floor ------------------------------------------- 5th Floor -- I st Floor -------------- 2nd ----------2nd Floor ------- ----S'A g-F--------------------------------------------------------------------------------- Proposed use after Alterations 3rd Floor ___-_______.SH Mtt____________________________________________________________________ 4thFloor----------------------------------------------------------------------------------------------- ------ 5th Floor ------------- ----------- Are 10 or more people employed? ---------------------A-)_d------------------------ --------------------- On What Floors? ------ Will. ----Will.50 or more people assemble? -------------------- U 0----------------------------------------------- On What Floors? ----- - --- DETAIL OF PROPOSED ALTERATIONS, ETC. -----------N---------- -----'------- 13 2 i N q-----e-;x i s f(-/q.....bid ,S Up--- `0----- --------------------------------------------------Cp--Ib-e---------STOIJOAIPA,S----------/U( -_W 12 u� -rvws �,ty� - e . . _NCS-"SSW n�sf`---------------------- -- ---- -- --------- ----------- --------------------------------------------------------- --------------------------------------------------------------- --------------- -----------... ---------------------------------------------------------------------------- ------------------------------------- --------------- ------------ -- ----- --. - --------------- -------------- - ------- ---- ---- ----- - --- -- 00 � UO - - - Est;mated Cost or Valuation of New Work ------------ 000_,.'-_---_^_--_-)Z Q027_----------- -------------- -------------- ------ Note: Separate Permits required to occupy sidewalk or for Plumbing and Electrical Work. IMPORTANT: Show Lot Plan on back of this application, drawn to scale, showing location of Present Structure. ,& , 6) Signature of Owner or W-- ----"t-- ----------- ---- Authorized --Authorized Representative ---------------------- ---- ------------------------------------------------------------ Residence ---ox--- /vui"" :w(44/✓. ' e H 0 L D iNo----------------- ` PLAN OF LOT Application for Permit for Additions, Alterations, Repairs, Showing Location of Present and Demolitions Structure and Addition --------------------------------CLASS BUILDING 17C"fKli I F LOCATION uNo.-14:7-16--BROWN--- TREET & I' e J N� P (✓� {�Rd"J U Sneer f'�v+ I7y 1�2osr r Owner ----DANIED__J-�__MC__HUGH,-__JR._-. - --. cost------------------- L. ' 3. CONDITIONS w 0 e .+ ------------------------------------- ------------ e .a --------------------------------------------- ------------------------- ------------------------------------------------------------------------ --------------------------------------------------------------------- ------------------------------------------------------------------------ PERMIT GRANTED ---------------------------------------------------------- 19-------- ------------------------------------------------------------------------ a l Cnitg of Sttlrm, M65sar4usrthl Wnarb of ineal ON �Jalpt �1. lTnnmry. . liittrria CnnunYie, �i. iV. „ �,�ago,e 31nse�11 �i. 1Rirllatrl 3J. 1.rinherY �llaugllueae,y, #6l. 7�. Millrpb T. fflntilYnn, 19. X. EaherY Btruldlarn Effie L1iar+Dnnalb July 24, 1973 M)L. Chaktez McAndP-e P.U. Bax 3022 Saeem, MA 01970 Dea& Siv You arse requested within three (3) days to answer our nequat in whiting in regard to 4 Biuwn Stiieet, as indicated beEow: i (1) Bank where j nanei.ng .iz being obtained to make hepaiuu to the condemned stcuctuAe at 4 Bnown Steeet. (2) Name o6 the architect who is pnepah,i ng .pkans, and date ptans w.iU be submitted to Building Iv-spector. FOR THE BOARD OF HEALTH .; Repky to: JOHN J. TOOMEY, D.S.C. Colin F. Cameton, R.S. Heaeth Agent Senior SanitaA an b _ Cehti¢.ied Maie #436494 CC: CouncWon Joseph A. O'Keebe Buitding Inspector +C • :L---SL am+tsae�ow�r �.� _ .. / � � r...s. ...0 za._.m: ' � r _.,.,+�.,,....,.;..�.:.,,3..._...r,;, —�,,,_`m... ,. (lttg of ihlrme Masoar4nsrtts Nire Department 3fr0quariers �Jamea �. �rertnan Glhief June 9, 1972 Mr. Daniel O'Brien Building; Inspector n, City of Salem Five Broad Street — Salem, Mabs. 01970 Sir: iR 1. Enclos are copies of ttere received this date from the : s offic of the V�Iayor. T so letters pertain to the structure sit ed at 2-4 Brown ' teat, Salem, Mass. w Aa a sult of in dtion of the premises on this date, I find the atr a been boarded properly to provide protection from vandalism, as provided in the Salem Fire Code. 4 r The,eonti`nued vaeahey of the structure still lends itself to breaking and entering, with resulting potential fire hazards y available to vandals. It is therefor recommended that you determine such further action to be taken in regard to this structure, as outlined by Article 1, Sections 124.21 124.3 and/or 124.4 of the Salem Building Code. Raspectfully su�bted Y {4 Lieut. David J.'Ooggib "• Salem Fire Marshal �n}3 " cci Samuel S. •6oll file Enclosures: Two 1 'I r i 2 Brown St. 1st - Mrs. N . Beechey 2nd Dom Maggio Patrick Foley 3rd - Gustena Vantura � r Ins. Johnston "r Grit 4 Brown St. : rraj' 1st - H. Martin ; M. Martin 2nd - Morea Rosita f DO'Leary Learle A. Daigle > 3rd - Richard Koberski Ins. Bochinski Eng. #2 - 1100 _ 1 5 Ir' — t Eng. #6 $00'— 2j" , . rgg• #I - 6300' -2111 +4 Lynn Eng. 8 - 700 of 2+ ° I g r, k k 1 C 0 P Y JAMES HOWLAND BALLOU, A.I.A. ARCHITECT P. 0. Box 876, Salem, Mass. 01970 (617) 7445325 April 5, 1973 Mr. Koklas c% Mrs. Helen LaBonte 26 Phillipe Street Salem, Maes. 01970 re: 3 Brown street Dear Mr. Kolas: After three inspections of the property at 2 Brown Street, two by my assistant, John Savasta, one by myself of the exterior and Mr. MoCarthy, General Contractor, we have reached the following conclusions; First, the building is, in my opinion, not salvageable except at great expense a) The top floor and roof, are completely gutted. b) the second floor is 213 gutted and water damaged.- c) amaged.c) the first floor water damaged. d) there is evidence on northwest corner of rotted underpinning sills, of. e) the building would require complete rewiring. f) the building would require major plumbing work. g) there is no fire wall between the :six apartments. h) the chimney well is completely destroyed all the way to the roof. Secondly, the sum of money suggested to us, i.e. $17,000 would hardly cover the required new framing and the roof, let alone the rest of the work. Conservatively, to put the buiiding.baek in liveable condition according.to building ordinances, you are took- Ing at a cost of from $50,000 to $75,000 as per an educated guess. ARCHITECTURE, PLANNING, RESTORATION & PRESERVATION Mr. Kbklas - 2 - April 6, 1972 You may get a lower figure from a non-union contractor. You might ask Bill Lazarakis of Salem or Zolotas Brothers of Peabody. in any event, you would require plans and specifications for the work to obtain a building permit. This area is zoned for two family residence. I understand there is mother owner of half of the building. If the building is to be repaired, a mutual understanding between both parties would be adviseable. Sbould.yon wish us to prepare plans and specifications for the work, our fee .would be for complete architectural services, 8% of the cost of the, work. If only the plans and specifications, no supervision or administration of the contract,. we would work out a flat fen which would be approximately 6% of the estimated.cost of the,work., Sincerely. James H. Ballou, A.I.A. , Architect JHB:ro ec: O'brlen T.F.McCarthy p is 3 / SALEM FIRE DEPARTMENT / ALARM REPORT DATE A.e.c.e....l.. .......19.7.1.....TIME..2:3.QAM. s C .f f STILL or BGX.._.23 — 219 ...... . 2 ,t. yJ TYPE OF FIRE... Dwe Brown Street.. .................... � ;.�. y. PROBABLE CAUSEMalfctlqn...PoweC...❑+ y' 1 1nT { Baseme.n POINT OF ORIGIN... .................................. k 4 p mi ' H MOW OCCUPIED.......... .ng. ...Qu.pN.Q........................ nke h } (Dwelling,Tenement, Kind of Stare or Factory) Y, ,.r CLASS OF BUILDING.. n00d (1st 2nd 3rd Wood,Stucco,Stone,B,mk,Cement) 2A........ 2-Philip + � STORIES........ P Koolas p 4-Charles McArdle OWNER(BUILDING)..... ........................................... . .. I ADDRESS...K9. olaS.. SaaMe ... ...................... .......... . I d �A"dl'e - Peabody ` Mc r > r INS......................................................................................... I 7 !yr f i TENANT.................................................................................i h OCCUPIEDAS.................................................................. Vlvy)' yflrj i j INS.................................................................................. MOTOR VEHICLE REG.NO............................................ fi YFa IINS................................................................................... ................ i ` I t OFFICER IN CH ARGE..Y...P. Y.....L.tFOW. .pr.Y....... _ p¢ e`Y'�+`;•.!M ? AIDE.......... .......................... r } r 7 it n+yF i'+q1 P (Report injuries,all equlpment used and other pertinent data i on Reverse side.) rc � Form 4(Rev.8/70) 2 i pM°f� Tfi + y kZ � 4 p , Y: x�u ' a r r n r N r n n ¢� 1�[4 k u ,PP0. 9" Si � _S•---6�. - ..mmuauw®_ ... _ e-:E�..:=t.=9--'L.:.-..._._._gym'-'•.y'.. .'Y' t 'SALEM FIRE`DEPARTMENT FIRE" PREVENTION BUREAU' rf? COMPLAINT FORM Name r Date Address Telephone �f f F `. Nature of Complaint � � 1 Location of Complaint or Hazard i Received byff,y, / 70 Investigated by Date � Action Taken (01 s� t d Y' Other Department Notified 6��_ Q�z+ T lr�g� # N r M A !I S ,ext A ys: t� _. . 1f I June 13, 1973 Mr. Daniel O'Brien Building Inspector City of Salem 5 Broad Street Salem, Massachusetts 01970 Dear Mr. O'Brien: This letter is in regard to our request for a building permit to rehabilitate the structure at 14-16 Brown Street and 4-6 Brown Street Court in Salem. We have personally inspected the property, and can state that there are at least eighteen kitchen facilities in said property, and we felt that there are two additional kitchenetts that we were not able to see. This inspection took place on Saturday, June 2 , 1973. Respectfully yours , BROWN STREET REALTY TRUST By: Dougl H. ale ,, rus�Tee Georg . Magift `Trustee Orne Street Realty Trust, Assignee of option on said property DHH:eag .�o a Ti#u of Stt1em, Itt �ttrl�use##s ��•_,�. ;,� g �ublit �rn�Prfg �Epttr#utPn# u�� 3uiWiu� �P�ttrfucEuf 3r., 'Supt. February 26, 1973 �uom 7, Qitg all Mr. Daniel W. McHugh, Jr. , 25 Lynde Street , Salem, Massachusetts 01970 Dear Sir: Re-Structures at 4-6 Brown Street Court 14-16 Brown Street In accordance with Chapter 143 G.L. Section 6 , I have inspected structures presently existing at 4-6 Brown Street Court and at 14-16 Brown Street and found that these buildings are unused, uninhabited and open to the weather. My inspection revealed further that cellar windows are open, pro- viding access to the building at 4-6 Brown Street Court ; front and side entrances are wide open, and the weather is getting in on the second floor at 14-16 Brown Street because the windows are not barricaded; in addition, there is a tremendous accumulation of rubbish in the structure itself. With the amount of debris inside these buildings , I feel that a very definite fire hazard exists. You are hereby notified that these conditions can not be permitted to continue , and you are further advised to immediately remove all haz- ardous conditions and make these premises safe and secure . Very truly yours , DJOB:cc Inspector of Buildings li cawIra, �GYYV VGi��.�l�� NT.�GiL .l ill�44 ^s u�, ',� �nb11I �rII�rex#lllg... �epttr#men# i Supt_� February 26 1(®'�riex, Zr,firY s 973 d P"M 7, Ott Pall i . Board of Health, 5 Broad Street, Salem, Massachusetts Atten: Mr. Colin Cameron, Senior Sanitarian. Dear Mr. Cameron: As requested in your letter of January 29 , I have made an inspection of the structures at 4-6 Brown Street Court and at 14-16 Brown Street. My inspection revealed that at the present time , structurally speaking, the buildings are not unsafe or dangerous to the public . I found these buildings unused, uninhabited, and open to the weather. j Cellar windows are open, providing easy access to the building at 4-6 1 Brown Street Court. At 14-16 Brown Street , front and side entrances to the building are wide open, and the weather is getting in on the second floor because the windows are not barricaded. There is a tremendous accum- ulation of rubbish in the structure itself. q I have notified Mr. Daniel W. McHugh, Jr. , owner of record on the Assessors ' lists, of these findings and advised him to take immediate 1 steps to remove all hazardous conditions and make these premises safe and secure : A copy of this letter is attached herewith. Very truly yours, 1 ' DJOB:cc Inspector of Buildings d Tug of #aIrm, "Mas,sar4usrtts ' Ffeand of 1WettlO '- 444 'gg J. £Knplttn. �. f�., filittirmnn mF (q M. A9ttrritt lIInnntie, �. �1. aJal1n 31. �onmeg, 4�.£9.ff. G/TYOFSALC4 SASS Jvorp4 C Cr11nrd �eedth ,gent J. 1Rohert �§4ang4nessg, M. Milbrrl Ql. Moulton, K W. Eahrrt 13lenk4orn Febnua&y 27, 1974 Effie Mad3onatb Daniel J. O'Bn%en, Jn. Bw Cdi.n.g Inspectoa 5 Bnoad StAeet Salem, MA 01970 Dean Mn. O'BAien: On Manch 12, 1974, .the Board ob Health wiU hold a hearing at .theA negu,Can meeting (5:00 p.m.) .in %egatd to the condemned pxopenty at 14-16 Brown Stceet and 4-6 Bnbwn St eet Count owned by Daniel McHugh, Jn. This stAuctuAe was pnevi.ousZy ondened hazed; howeveA additi.onae time was granted unfit such time as the Zega2 action (Birt .in Equity - Roman Catholic Anchb.%shop ob Boston vs. Pkanwing Board ob the City ob Salem) was compketed. It da hequested you witkotd any action in nega cd to these 5tAuctune6 untit ouch time a6 a decision .i,a reached at .the Manch 12, 1974, meeting ob .the Board ob Health. FOR THE BOARD OF HEALTH Reply to: JOHN J. TOOMEV, D.S.C. Colin. E. Camehon, R.S. Health Agent Seni.on Sawitan.ian. b RECEIPT FOR CERTIFIED MAIL-305' (plus postage) SENT TO POSTMARK Mc gleRealt MTju Trus-tea OR DATE ar-3-p s ,y=.a..- Q STREET AND NO. , r-- 4 Brown Street P.O., STATE AND ZIP CODE Salem, MA 01970 9 OPTIONAL SERVICES FOR ADDITIONAL FEES 00 RETURN t. Shows to whom and Cate delivered .......... NL m With delivery to addressee only.......... C �^ RECEIPT Z. Shows to whom,date and where delivered. C4 > SERVICES With delivery to addressee only............ ,S e DELIVER TO ADDRESSEE ONLY ....................:................................� Q Q SPECIAL DELIVERY (extra fee required)- --- -- �~ Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (sea other side) Apr. 1971 NOT FOR INTERNATIONAL MAIL ,cPo:rare o-+do-T+s STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail), CERTIFIED MAIL FEE,AND CHARGES FOR ANYSELECTEDOPTIONAL SERVICES.(see front) I 1. If you want this receipt postmarked,stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached,and present the article at a post office service window or hand it to your rural carrier. (no extra charge) ` 2. If you do not want this receipt postmarked, stick the gummed stub•on the left portion of the address side of the article, date, detach and retain the receipt;:and.mhail the article. 3. If you want a return receipt, write the certified-mail number and your,name and address'on a return receipt card, Form 3811, and attach it to the back of the article by means of the gummed ends. Endorse front ofarticle RETURN RECEIPT REQUESTED. ` 4. If you want the article delivered only to the addressee, endorse it on the front DELIVER TO ADDRESSEE ONLY. Place the same endorsement in line 2 of the return receipt card if that service is requested. 5. Save this receipt and present it if you make inquiry. •�� Ss r I�crU� �! -r Feb 21, 1973 Dan: Following Chapter 143, Section b of General Laws, it appears that all of the below listed conditions do exist at 4-6 Brown Street Court and 14-16 Brown Street: (1) Unused (2) Uninhabited (3) open to the wesiher (4) Specially unsafe in case of fire (see copy of attached letter from Fire Chief) (5) Structures should be deemed "dangerous Colin 6. Inspector of buildings; duties. In a city or town wherein there is in force a building code, so called, established under author- ity of section three or corresponding provisions of earlier law or es- tablished by or under authority of any other provision of law the su- perintendent of public buildings or such other person as the mayor of such city or the selectmen of such town may designate shall be in- spector of buildings, and, immediately upon being informed'by re- port or otherwise that a building or other structure or anything at- tached to or connected therewith in that city or town is d rot to life or limb or that any buildin-- in that cit or town i un lse un- rinhabiter abandoned, and open to the weather, shall inspect tie he shall forthwith in writing notify the owner, lessee or in possession to remove it or make it safe if it appears to angerous, or to make it secure if it is unused uninhabiteded, andwen tothe weather. If 1t a, ear that suc Mn • re would be s ecially unsafe in case of fire t shall be de ed \ , r ��dangerous within the njvQinti hereojf and the inspector of buildings nFi alta in a conspicuous place upon its exterior walls a notice of Nits dangerous condition, which shall not be removed or defaced with- ' out authority from him. As amended St.1946, c. 363, 5 4; St.19491 C-541, § 1; St.1957,c.214, § 1. Historical Note t.Nt. 1579 c.4i§1. St. 1S00 C.139§ 1. St 1013 e. C. 4. . P.R. )A$, C. 104 §4. R.L. 1002 c.104§4. St. 1915 c 201 § 23. 6t. MI c..181 §14. St. 1905 e.231 §1. The hegiuuing of the first sentence, all 1110 "lessee or mortencee in possession" to the words "super inteurleut of public in place of notice to :m "agent or any IAI:IJiul;S', was inserted by the ING person having an interest thcroin." amendment in place of tie words "Ina The references Po au "unused, unin- 011 or tomn Nrhich accepts this and the h Thed f( abQs to in building were sh (bllorcing seetious or has accepted vornNi,nwling provisions of earlier inserted in the tint sentence in each 1A% insttwce by the 1057 anmudment. Tho I9la nnmudm0nt required notice dt a dnugcruns condition to be given to L cwm t. (City of #ttiem, Massar4usetts Ntre �eparlarenl �lesdquuriere S A@h Tames A. Preamm Qlhief February 13, 1973 Dr. John J. Toomey, D.S.C. 5 Broad Street Salem, Massachusetts 01970 Dear Doctor: Enclosed are copies of two reports from Lieutenant David J. Coggin. relative to the properties at 4-6 Brown Street Court and 14-16 Brown St. In answer to your communication of January 29,1973, question number one in my judgement, in their present condition they do constitute a fire hazard to the area. Question number two, in py judgement the present boarding of doors and windows is not sufficient to prevent access to vandals and vagrants. Mr. McHugh Jr..has petioned this office for "time" to rehabilitate the structures. I feel that time, in this particular case, is a luxurv_wp- can ill afford, particularly when public safety is involved. I too inspected these properties and concur with Fire Prevention. nVery truly yours, ii James F. Brennan, Chief Salem Fire Department JFB:mal _� d �nttrb of 1�rttlftj it j `° £ 5 1 rnttb Trref J. Xaplan, 4f1. B., (94airman Jaljn 3l. 00amrg, 13.SA. M. 9b9arria Touniie, 9. N. Xaorplj N. LRirljttrb J. Knhert ljaugljneang, M. B. fflilbreb T. Moulton, it. N. Enhert Btrnl:ljarn February 20, 1973 $ffie fi{ttri�nnttlb Mr. Daniel W. McHugh, Jr. 25 Lynde Street Salem, MA 01970 - - Dear Sir: An inspection this date of your two condemned structures at 14-16 Brown Street and 4-6 Brown Street Court found doors to both structures wide open, and with further breakage of windows. It also noted that you have failed to remove the vast accumulation of rubbish from the exterior area of your property. YOU ARE AGAIN ADVISED THAT IMMEDIATE ACTION IS NEEDED TO PROPERLY BOARD UP THIS PROPERTY TO PREVENT ACCESS TO VANDALS, VAGRANTS, OR CHILDREN. FqA the Board of Health Reply to: J: TOOMEY, D.S. Colin E. Cameron, R.S. Health Agent Senior Sanitarian f Certified Mail 11088820 CC: Councillor Joseph A. O'Keefe, 33 Briggs Street, Salem Fire Prevention, 43 Lafayette Street, Salem Inspector of Buildings, 5 Broad Street, Salem Douglas H. Haley, 70 Washington Street, Salem Note: Copies posted on 14-16 Brown Street and 4-6 Brown Street Court Copy sent regular mail to Daniel W. McHugh, Jr. 1 Tie I a�+n :Sl+r` ' !w Y ,Ld.` i rP:F, ',`.+ r "eS Y� �d "w •!4 '( wst...�t� r;<'i�*,k lv4; d'a -dc kjr '�l'Y p,%,* e�'"t t GA RB ON^ESS PAPER,.duet type Fol,wr,ta�en�origmalyYour Imp a¢sion will automatics ly appae�on copies beneath + Fo10 at arrow(>)to fit Y.T71 DU O VUE Envelope. ;o >f.0 xfrl Y §f 4aat ,Mr ' "+ ^1M Y Mir •ry y 4 4t 'Cj l `""' t t{y VIII py., L{a. psi vM =x ra For longer p a?oaal e"I Ith:Spealicat,00 Form 2s`41 I d� xy 9 b T i r r FORM 263 NEW ENGLAND BUSINESS SiRVIcE,INC TOWNSENp.MA68 O,aB9 A, e��' y'✓f4$ .;�, Yk�' x Yu a '�'.N > F}. .,' Sa .i ,> v �,6ax. `r a 4 ° µ dry �+r P(s, r: NEPTUNE WEtECKIN6''COiNPANY•FINC �` t +,Page No z r of pages P: 0. BO% 125 x r+ +�j �, Ir NIARBLEHEAD, MA` 01945,,,F ' 1r 4 r JIB �u�g a ` ` ' t �wg N@ 0844 t 4 , ` x Y-v fit'Sp f _ 1"s, t i 1Z§_ 1' xyt-r r F Ny 'PHONE' trsr 2" Ca 'lc DATE Phon® 631-5461 ` ,�` a 5 w B '� �z44 0-924 43 July l��/t Toy h a:� `mob ! y . tis 'r. ' -Y °'{..a a doe NAMEr LOcnTION o Era ,,Oi Health{ ' A6 unridl ' 1;@ S -- .. > >+ro �t7t § x11 rJn Street A,. 't "m�"� vc pg 'T M i x415�4tn xy dt wSQ'4r ARC;1iIl E1CT5{ s DATeEOFO'PLArNS ' f *• W M a F+ 9 S a• > ' $w a t r r t We hereby propose:'to furmsh In accordaco,wrth specifications below or on attached pages a11'materlal and Tabor necessar to complete the following ��:, , ish buil`dtin� s ands'reprove° ahl�debrzs�lcused �bTj said<i`,ork: Fron tn"e sz7 " r "' ' Y6p s}t i.1 .1. C el� 'd.rS FW1 t}lY�`?�r �.ef €(;g• �tg.FF 'n,+ 4e ;SMF k" pit „rt. Pma,�*a'4't: r d.'od vase io tFecomehepxovP,ertyot thuildn�2 � �,�f+.frlyA,�µ�� "rwiy( y� y�'� ��, ''^#^ ��(� �fi�'`•5�� ;a �, aE ��. � �: , II for the Sum of4. z"Orty revQni hltzridrled pp PAYMENTS TO BE MADE AS FOLLOWS {.6 + { '{ tq, 1 ay dol lar$ t,p , i 5 �`'r s y nft71 `a ient'VU on CO PIGt1021f.}E xT > t d, ,'� ; '" 4 pxr�(�x ,k, n § fir SF rd' xrf �,u.rPi'".k"a4W,r `rl,A '�C i IO �Ia �✓rG1 . :' 4 '� d «� `Y.rttY ' F,."t n. Ty lr_ 'b^ rvxtr ,* ,A W. Ali materials guaranteed to be ea spemfled*RAII works c becompleted ince work s'F m � , manlike manner according to stand ard practices.,Any alteretlomor tlevlation from the a Authorize �""' neve or attached specifications involving extra costs well be ezecetetl only uptinwritten�E Signature CT - Ord i r""Rll�'S e 1_ „ "�i PY'e$¢ 1 rtlers,antl will become an extra charge over and a,-the Teatimate All agreements contingent upon strikes accidents or decays beyontl our control Owner to u2rry ire�L,r"+y.l '+,r, e*, Note.'Ths ro o5al ma be* ' scado and othnsur cessary insurance Our workers are fully covered by Workmen sT Twithtlrewn by us'if not ac epted wllNn e"'c: 60 "x i Compensation Insurance t "y }n t,Yg + u 1 kt qt ix. dr, ry .t r " days. l'; d" stC( 'r� �; `l § t 3T kY 's r a g L �iffji$MrirP f ra�$t�sttl w�7, The above or attached'pnces�'-',A jl Specificationsand conditions are satisfactory antl are hereby ecceptetl:}You`ere'G signature xvt r �' ,' "w ' 1. x. �, authorized 10 do ihe;wo;k as speclhed Peymerit,VrAl be`maPe�es outiinetl abover yv.'"t;'d r d,i ,_ v y ^Y C tr i^ h +Y d %'iY .4n� ,?t c t JG r "v 5� - 1 Date of Acceptance n- '+ ai r �y-§¢',;+�§ y �� y Signature t ry�lr r rTySPPep y ,vtf"�K>' �' , Y. ft _.r tii?1>rL`�. -. y+sT � SFiry}* '� '.e, r v"r:y. lYa_. _. �..r ` £ t�' _..n ✓ um, t p K _i a nw .e p d' ri �r '✓s i. n} rx c v aF x ara+n t� T z rglyq. i� L31' +2.'a., F,M 'n it S' Wi..ti ... S d^a r a Y ' rty v t nr �w .43 l'M q v ✓t,gl Az�,F S u .> 1 itP§`�;.yaY a ' Y= ".' T"`ase. R hl 9• 'e °fit - t 'va "a * M z"x-e to +Xis x ` T rt 'S '6s r '} Ty Jr rppSS S4A4_�} t"f ^fie y�+yar aT x }` 1 HM1 A ji. 4ti' `P b +r 1 i 3lT d V4 ' S Z� ,�Jnk o- t �f `. '•f a w S h�Lr 2'a +Ty.« '4 .,mf 4 i4 3dv r ✓'+ J r i -'Nr' 'Tr F'" Tie-, t'` � �t�l # y i:+r -��6+ s � �.s,r .�;..(�, � :r i f k17,}t. an rl�lM•Sta� F4"C* •• .. >A� � t "D/+ 'x� t �y > � �- vc Av dx. �'g'w, tp`a •7,S'. � t' v y tai a. '^t 4 ��¢ 11y,x�+ i^� e � ,.� _ _•- t _. ., x'ir 3 6/SS Plans (/ must be filed and approved by the Inspector before a permit will be granted. No..(y ! ��/ City of Salem Warde�c � Home Phone Bus. Phone # 6 -7- 2-46-3956 APPLICATION FOR PERMIT TO INSTALL A SOLID FUEL BURNING STOVE Salem,Mass., TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit to build according to the followinspecifications:) ,� N/V q Owner's name and address A—LiaHIQI Architect's name Mechanic's name and address Location of building,No. rR l vi F S QtM� fV1.A' What is the purpose of building? 81a rHAn-c117-3 Material of building? If a dwelling,for how many families? b Will the building conforrmto the requirements of.the law? Estimated costs Lic.No. Signature of applicant REMARKS X45-gsgs No.o$ t Ward APPLICATION FOR PERMIT TO INSTALL A SOLID FUEL BURNING STOVE " Location PERMIT GRANTED rt / 19 � Approv orc fWf�pilngIns ect r{ 143 § 4 PiJBLIC SAFETY AND GOOD ORDER Ch. 143 Historical Note i St. 1870 e.375§§1,3. St. 1894 C.481 §12. St. 1913 c. 655§2, P.S. 1882 c.104§2. R.L. 1902 c. 104§2., Notes of Decisions I. In general did not defeat owner's right to repnlr Municipal bulldln; superintendent's It, as previously nuthorizol. Rurofsky letter extcudiug time for demolishing v. Turner (1931) 175 N.E. 90, 274 Mass. building, under G•L.1921, C. 143, §§ 4-8, 574. § 5. Structure erected in violation of statute it Common nuisance. A'building or structure erected in violation of the preceding section shall be deemed a common nuisance without other proof thereof than proof of its unlawful construction and use; and the selectmen may abate and remove it in the same manner in which bo:o c' health may remove nuisances under sections one hundred and W,. ty-three to one hundred and twenty-five, inclusive, of chapter one hundred and eleven. Historical Note _ St. 1870 c. 375 § 2. St. 1894 c. 481 § 13. St. 1913 e.655§3. �I P.S. 1882 c.104§3. R.L. 1902 c.104§3. i In general Notes of Decisions� Municipalbuilding superintendent's g p �i g perintendent's did not defeat owner's right to repair It, letter extending time for demolishing as previously Authorized. nurofsky v. i ,l building, under G.L.1921, c. 143, §§ 4-8, Turner (1931) 175 N.L. 90, 274 Mass. 574. 'l tl ii § 6. Inspector of buildings; duties. In a city or town wherein there is-in force.a building code, so called, established under author- ity of section three or corresponding provisions of earlier law or es- tablished by or under authority of any other provision of law the su- perintendent of,public buildings or such other person as the mayor of such city or the selectmen of such town may designate shall be in- Spector of buildings, and, immediately upon being informed by re- port or otherwise that a building or other structure or anything at- 1 tached,,to or 'connected therewith in that city or town is dangerous i to life or limb or that any building in that city or town is unused, un- inhabited or abandoned, and open. to the weather, shtdi inspect the same; and be shall forthwith in writing notify the owner, lessee or mortgagee in possession to remove it or make it sale if it appears to f him to be dangerous, or to make it secure if it is unused, uninhabited f 'bl• abandoned, 'and open to the weather. If it appears that such 30 1 i Ch. 143 BUILDING INSPECTION, ETC, 14.3 § 6 structure would be specially unsafe in case of fire, it shall be deemed tLulgeraus within the meaning hereof, and the inspector of buildings may affix in a conspicuous place upon its exterior walls a notice of its dangerous condition, which,shall not be removed or defaced with- out authority from him. As amended St.1946, C. 363, § 4; St.1949, c.541, § 1; St.1957,c. 214, § 1. Historical Note FI. 1.47.4 c.•1; §1, St. IN19 c. 130§ 1. C ,. I'.9. INS2 C. 1111 § 4. II.L. 19IL"o.10 §4. t. 1013 C. C,55 li 4. til. 1.CLI C. 441 §LL St. ]9(I8 c. 221 §1, St. 1:115 c 2J1 § 23, . .. . 'flw beginning or Lhe fust sentence, up the 'Jesse or conmrtggeeIn the words eC public In ptosseelOn buildings", was iuscrtrd by it Iifconn agentanyeu having nn Interest Ihercin." wucodwent in place of Lhe n•ord.v "Ill If oily or Lown which accetd..s this null Iho The references t, all "nnu,ced, unin- six following sections or tins aecep(cd ]';,bit,(,(] or abandoned" building were corresponding provisions of e:u9ier • inserted in the first sentence in each laws." instance by the 1057 amendment. 1 The 1949 amendment required notice L of a dangerous condition to be given to 0 � I t Cross References Hindering inspectors in the Performance of 19clr dulae , secaect0rhnptcr. or this " , t NmnesldcnLs, service of notice upon,see section 11.or I.his chapter. State Inspectors, removal or repair of dangerous buildings by, see section 14 of this chapter. ,. f Notes of Decisions In general ' Appointment to once 2 2• Appointment to office 1 Compensation 3 R.L.1002, C. 104, § 4, providing that' f 2 the superintendent of public buildings or Subdivisions of property 4 such other officer as the mayor and the A aldermen of the city may designate, j shall be int ' •,Y pcctor or' build Ings, docs not I. In general increase the number of persons holding Nnnicipal building superintendent's office' but simply adds another office to _ ;i letter extending time for demolishing that of the superintendent of poblie t building (]illnot defeat owner's right to buildings, unless the nmyor and al(ler- - - y rep sir m It, ns prevlou.vly authorized. en designate some Other officer of the lb"Ofsky v. Turner (1931) 175 N.E. 90, city to be the incumbent of Lhe dery of- 274 plass. 574. flee; and an ordinance providing for the appointment by the mayor, triennial- .�, la the case of Rich v. Kimbell (102G) ly, or' an Inspector of buildings, subject jl y 147 N.E. 586, 252 plass. 213, the court to the confirmatlon by the city council, Is t+ Said: "The office of inspector of build- in violation of said statute,.which calls Ings Is neither a constitutional nor an for a designation in another way Scan- elective li ` office, and no y.queatlon of the Ion v.Carey(1911) 03 N.E.697,207 Mass. 1 preference of veterans under our civil 285, service law can arise on this aspect of ly the case." II .1 31 I I Ii 1 t. 143 § 6 PUBLIC. SAFETY AND GOOD ORDER Ch. 143 3. Compensation agahlst the town to recover such com. Under It L.1902, C. 104, § 4, providing Pensation. Anmrige Y. Town of Saugus that, in a city or town which accepts it, (1011) 94 N.L. 207, 208 Mass. 51. the superiutealent of public buildings, ' or such olbeer as the mayor and alder- 4. Subdivisions of property noel' or selectmen may designate, shall Superintendent of buildings or inspec- be i,speetm'of public buildings, but Such tw' of buildings had no authority to .l sCICCtll11'11 are not Clupow L'i'ed II Said i Y grunt perwissi' ou for subdlvlsiml or . _ section to hs conlpeusaliou, a building properly lo permit sePurate sales of . inspealor, if he is to receive conlpeilsa- portions Ihereof, and no laullority to till", nnldt do so trader 12.1..19112, C. 25, couh'ol s:dus of Lund ur bound:u•ica ur . § 95, providing that tow, oIb"rs shall (Ile hold ll' be sold, and Ilu•re fln'e " o- i r-oelvn sorb eonlpengalioli, wile's other. speetive, ve,dor had no right. to Ilpprul wise prOvided by Inw, us the bgvn ,my frons refn,.ul al'superll1feude',j,or lu.per. it detormiucl and hence the, seiccnnGl had for to act ill surli mnLters. llowlnud v, ao Iwthoray to contract to pay a huild- Acting Sup,ri Ill a,,at of IMIgs. and Il'. iug inspector;t spited consideration, aad, spector of Bldgs, of C:unbridgo the tow', not having ';'filled or approved 102 N.E2d 423, 328 Plass. 155. such contract, an aEtion will not Lie § 7. . Removal or mal{(ng structure safe; putting up fence. Any Person so 'notified shall be allowed until twelve o'clock noon of the day following the service of the notice in which to begin to remove Such structure or make it safe, or to make it secure, and he shall employ sufficient labor speedily to make it safe or remove it or to make it secure; but if the public safety so requires and if the alder- men or selectmen so order, the inspector of buildings may immediate- 1, ly enter upon the premises with the necessary workmen and assist- ants and cause such unsafe structure to be made safe or taken down jj ' without delay, and a proper fence put up for the protection of passers- i; by, or to be made secure. If such a building or structure is taken t; down or removed, the lot shall be levelled to uniform grade by a prop- er sanitary fill to cover any cellar or foundation hole and any rub- bl.e not removed. As amended St.1949, c. '156, § 2; St.1957, c. 214, § 2. a i y Historical Note J St. 1878 C.47 § 2. St. 1804 c'-181 p 15,�10. R.L. 1902 c 101 §5. P.S. 1882 e.104§5. St. 1809 e.i3g§2. St. ]013 e 655§5, i t St. 1883 c.399§3. i The secopd, sentence, relating to the 'l`bC words "or ll' null:e it 'ecu rc" In -...� , leveling of the lot of a demolished build- e,cll insluacc in the first sentence uud ing or structure, was added by St.1949, 'cul' to hl wall- uecure" :tt fill! ('loll th'.n.- c.156,§2. of were inserted by the ]:)57 muo"dmcut. i Cross References a Nulsa,cel burnt or dangerous buildhlg as, sen c. ]39 § 1 p, State lspectors, removal or repair of duugerous b,ildiogs by, see section 14 of thl.v chapter., 32 I 1 ( I I ('h. 113 BUILDING INSPECTION, BTC. 143 § 8 Notes of Decisions I, In general 'dnuiipul Lni1,1iFig sup", nlrndon Cs did not defeat mvnCl's right In repair it, . .;..r ,.cl riming limn, I'or 'I', i:hing as previoa,lY mil harized. ISn nd'4ky v. g—g, Turner (Ift:u) 175 N.E. 90, 274 ➢Liss. 574. . B. Failure to remove or matte stnlcture safe; survey Board; .nrcry; report. If an owner, lessee 0r mortghgee in possession of such unsafe structure refuses or neglects to comply with the require- _ nwni.e of such notice within the tittle limited, and such strgeture is I;n1 made safe or taken dow11 as therein ordered, Or made secure, a rureful survey of the premises shall be made by a board consisting in a city 017.1110 city engineer, the head of the fire department, as such brm is defined in section 0110 of chapter one hundred and forty-eight, 1111(1 one disinterested person to be appointed by the inspector of build- i111's, anfd in a gown of it surveyor, the head of the fire department and one disinterested person to be appointed by the inspector of build- iligs. If there is no city engineer in such city or no head of the fire department in such city or town, the mayor or selectmen shall desig- nate one or more officers or other suitable persons in place of the i oflicers so named as members of said board. A written report of such survey shall be made, and a copy thereof served on such own- er, lessee or mortgagee in possession. As amended St.1945, c. 697, t 1; St-1949, c. 541, § 2; St-1957, c. 214 e , a 3. Historical Note SI. 1x78 c. 17§2. St. 7804 C.481§ 16 .I 1'.s, 1x82 c. 10.1 §G. St. 1800 C. 1:19 ,i.0. R.L. ]002 c. ]04 §G. NI. 1Sa8 c.3,119§4. §3 St. 1913 C.Goo§G. ,1 The 701-5 amendment, an emergency fences the references t0 the "let, Or see 'I art effective n a ffective opproval Jelly 24 19.15 mortgagee in pnsgession" for the refer- 1 rvhal.iluted througllont tiro section cnces to an "agent or Person interested 'I _ "brad" for "chief engineer" oC the fire in" and to an "agent or interested drparlale"t nad inserted after the word son." Per- - _ "dep:u'tulCnt" the first time it appears j In the first sentence the words "as such The words "(r made secure" were in- i term is defined ill section one of chap- serted in the first sentence by the 1957 ter oae hundred and forty-eight." amendment. i The 1919 amendment substituted in the first and at the end of the third sen- i Cross References Nuisance, burnt or dangeroas hnihmig as, see c. f' State inspectors, removal or repair of dangerous buildings by, see section 14 of this chapter. _ C I i 21 Df.G.L.A.2 33 - I i - I l I i I 143 § 9 PUBLIC SAFETY AND GOOD ORDER Ch. 143 § 9. , Dangerous structures removed or made safe by inspector; lien for costs; pepalty; use of structure. If such report declares such structure to be dangerous or to be unused, uninhabited or abandoned, and open to the weather, and if the owner, lessee or mortgagee in Possession continues such refusal or neg']cct, the inspector of build- ings shall cause it to be made safe or taken down or to be matte Sc- cure, and, if the public safety so requires, said inspector may at once enter the structure, the land on which it stands m• the abutting land or buildings, with such assistance as he may require, and secure or remove the same, and may remove and evict, under the pertinent Pro- visions of chapter two hundred and thirty-nine or otherwise, any tenant or occupant thereof, and may erect such protection for the Public by proper fence or otherwise as may be necessary, and for this Purpose may close a public highway. In the case of such demolition, the inspector of buildings shall cause such lot to be levelled to uni- form grade by a proper sanitary fill. The costs and charges incurred shall constitute .a lien upon the land upon which the building is 'I located, and shall be enforced within the'time and in the manner pro-vided for the collection of taxes on land; and such owner, lessee or mortgagee in possession shall, for every day's continuance of such refusal or neglcQt after being so notified, forfeit to the city or town in which the structure is located not less than ten nor more than lifty dollars. During the time such order is in effect it shall be unlawful to use or occupy such structure or any portion thereof for any pur- pose. As amended St.1945, d. 697, § 2; St.1949, c. 156, § 5; St.1949, c.541, § 3; St.1957, c.214, § 4: I I I ' Historical Note St. 1878 C.47§§4,5. St. 1894 C.481 §17. � 1!10°c. ]0.1§7. � P.S. 188'2 C. 104 § 7. 'St. 189D C. 130 -L R.L.R.L.13 C. c.1§7. i Prior to the 1945 amendment, this see- ( tlon provided: "If such report deelares le«�IIIngeCof�d tiler lore ofrntdilemolisl to erl I� - � such structure to be dangerous, curl it structure, !vas added by StAt)19, e. 1;5, the owner, agent or parson interested § 5. ' t continues such refusal Or neglect, the M trrspGc[or of buildings shall cause It to St.1!)10, C. 541, § 3 substituted in the j be nmdo safe or taken down, and the arst and third seyleuces the rel'oreucod It costs toad charges incurred shall cousti- t° the "lessee or wur(gagcc it, punsr. } Mute it lien upon the land upon which sunt" for references to au ";,gent urivr- 1 the building is located, and shall to, Solt interested!" and to 1::11 u "iuturus�cd l enforced within the time and in tl,e man- Person•" ner provided for the collection of taxes The words "or to he unused, unlnhab I on land; and such towner or Interested Itel or abnudoued, and open to ]br t person shall, for every day's certiuuane weather" and "or to he made secuc" - v of such refusal or neglect after so were inserted in the first seuteace by notified, forfeit to tide city or town bt the 1937 amendurent, t which the Structure is located not less Phan ter nor more than fifty dollars.,, 1 34 rR� _ _ I f3 BUILDING-INSPECTION, ETG 143, § 10 Cross Roforences r :malt of liens on ro,islered lands, sec ]SG upon real r_slnle. .Sc,c. Ge, C I .. , Lnria or dangerous building§�iZ in-p ,(...... re noval or repair of dang,rous§l�uiklin IIJ;; cb:pdor• gs by, See sectiog 14 of t Notes of Decisions ' I Unrary references '.I �::i.ipal Cm7lnrafions Qf23. Cfl' of Boston (]038) 15 N.E.2,1 2G„ 300 I',.L.ti. dluniri P%Il Oorporations § 241. 31;Iss. 1. In general A landlords Sa ilnre to coTlll i 12.1,.1'1112, ,�, 10.f, 13 with ' tC1 .1', ulanr rs or di :11,10licd :nal nn- s n• R§ 7-00, relating to in- iLuilding, liad hecn nnlilied b I Urlon or buildln2s and ronim ll nuw i,�'"illlicr oP Itashln of lu rl�puir li I', quiri u;,•ang, roIhnin�Uvn(UrVA,l and d sveno n 13 re- nrd m I'a ilurc of olvuecv so to do. City lu he prnl rel ed. whip bn,n::hl. Lill in r•quil ?' n;;ain..0 elrunl.0 r Lra ri nlr upon III(', . 4ry Jid lint: IhcrrbJ' irrevocahl • 9ne.W.ioa of his own uq, - [' Ili fr. III :1 f1'eCl. LII, flneStlon of I Joe Care 1hn•n file ns not il rquily SO ;LC to LC pl'C celll ell lupi❑ part Of a telal❑t•8 elll tin rub�•gnl•nnY ordering building to he de- parts (101'3 i yIt. Audot v. andirhrvl• New 12ng1and Trust Co. V. roster ) 100 N.E. 1007, 213 Plass. t 1 9A. Talon„ or injuring making other property in removing da-ngerons rur,tures or them safe. If, by any act done by an officer•of a city or town for the Purpose of making safe or taking down any dan- „crons structure, any real estataother than such structure or the par- cel in land upon which it stands is taken, used or injured, any person owning g interest in such real estate and not having such dangel'ous structure may recover dam,� g ail interest in ` 01' injury from such city or town in a res for such taking, use thereof under chapter sevent Petition for the assessment y nine filed in the superior court for �• the county in which such real estate is situated within one year use or aft- 01' such taking, use or injury; provided, that if such taking, or 7+ injully occurred not more than three years prior to the Rffective date . I Of this section, said petition may be filed not more than i. or said effective date. Added St.1945, c.697, § 2A. one year aft- s Historical Note Stnu sh c. 007, § 2R, provided flint this for the purpose oP mnkin pi srcl inn should also apply in case tile for down any don t It an officer of a cit or g safe or taking 1§ y town were done gerons structure under any special law or any ordinance or by-law. o§ 10• Remedy of Person ordered to remove if dangerous stnrcture or make it safe. An owner, lessee or mortgagee - grieved by such order may have the remed in Possession ag- y Prescribed by section two of chapter one hundred and thirty-nine vision of said section two shall be construed soo srto hinder that o pro . 35 delay. t i i I i 143 § 10 PUBLIC SAFETY AND GOOD ORDER Ch. 143 ' or prevent the inspector acting and proceeding under section nine; and provided, further, that this section shall not prevent the city or town from recovering the forfeiture provided in said section nine from the date of the service of the original notice, unless the order is annulled by the jury: As .amended St.1945, c. 697, 3 3; St.1949, c. 541, 3 4. Historical Note SL.187a c. 2G I. St:. 18111 C. 481 §§ j8-711, St. I8!19 c. 139 §5. SI:. 1878 c. 47 §§0-A. 1t.I,. 7!II I'S c. Illi §8. St.ihIa c.655 g 8. P.S. 1,4y"C. 101 '0.8--10. This section w;is given virtually its 79ne 1949 mucminucut subsllt uteri [he present wording by the 1045 ante admen t, words "lessee or mortgagee to posses- rut unlergeacY act elYcetive on approval Sion" for the words "or interested per- j July 24, 1945. sou." � Notes of Decisions , I L In general - Where bulldhig eommlasloner of Boa. IuSpeclor of hnlldings in that city thnf too, upon awhiirity of the Mayor, or- the bnlldiug is drooled by him to be uo- • - dered it dilapidated and unsafe building sn I'e, to kcs the building down unneccs- i., to be demolished, owners of building smily, whoa he wighl: cause It "[o be could appeal to the beard of appeal with- aeric .uufc ;uul soon re," Its Ilse It i"tozu'l l.e _ In 10 d:nys alba being anti lied of fhc SL7885, c. :171, § 111, tvilhuut tulchng It conuaissiouer's Order and could hove the down nud tail hunt disturbing the posses- court review the decision of the hoturd. Sion ul` IhO Icsscc OI' the room, the linter I New Eugl:uul Trust Co. v. City of llostou may wn w le eeall of Il ! against him tar (19:58) 15 N.L.2d uo, 300 Mass. :SLl. breach oli the covuu:urt for quiet enjoy- - If the lessor of a roost to a building meat, is the Icasu. K:mSue Inv. Cu. V. lit it city, upon receiving notice front the Carter (1s9-1) 31; iV']d. 63, 1 G Alass. 941. § 11. Service of notice on non-resident; certificate. If an owner, j lessee or mortgagee in possession lives out or the commonwealth, the i � notice required by section six may be served upon him by a notary public, whose certificate of service under his notarial seal shall be sufficient evidence thereof. As amended St.1949, c. 541, 5. Historical Note St. 1878 c.47§10. St. 189-1 e 451 §21. 9L-1!11:1 c. P.S. 1582 e. 104 § 11. R.L. 1002 c.10-1 §9. jfThe 1940 amendment substitutenl the siert" for tine words "or iufcrested per. is I words "lessee or mortgagee lit posses- SOIL." ) 1 , j � { § 12. Restraint,of construction, repair, or use of a structure; or- der for removal. The supreme judicial or superior court may restrain � t the construction, alteration, repair, maintenance or use of a building 1 or structure in violation of any ordinance or by-law of a city or town and order its removal or abatement as a nuisance; and may restrain 36 ('h. 113 BUILDING INSPECTION, ETC.' 143 § 14 , fl.0 they construction, alteration or repair, maintenance, use or ;;upuncy of a building or structure reported to be dangerous, un- d r h survey authorized by section eight, 'until. the determination of ve matter, as provided in section ten. As amended St.1945, c. 691, Historical Note P.S. 1882 c 10-1§12. R.L. 190-1 c. 104 § 10. 172 e.213§3. St, 1.4!)1 c. 2193. ' St. 1013 C. 655 § 10. Isi.4e. 17 § 0. St.. 1891 c.-181§§4,22. 'I'In, wnrd.< "ma i ul rua lice, use or oc- umendntrdt. mt enWrgeneY !ret effective. up:uu^;" wen; illsertCd b}' the Mi, on approval July 21, 1915. Notes of Decisions I. In general . l I tCh:ir owners of properly soughd. to or appeals uullmrily to hear appeals by n'°Irani :mol her owner or prnpi.rly in any pel:"ou ng{ rwe vd, Khan properl'.y ,I arra '11"gedly rrsll-10irely. zolwd from owners nnnt have pnrFued such renmdy r"mslrarliafi g:n•age ihercin and to Coin- agniust building inslh,rtor. Boyle r! prl 'Hary Ilal'ion by hnildiug impactor of Building fuspector df Maiden (1'J51) 00 ]-out issued, if ordinance gave board N.E.2d 025, 327 Dlass. 664. 13. dnspcctiml by inspector of department of public safety. Any inspector of the division of inspection, if called upon by the alder. men of any city or by the selectmen of any town, shall inspect any ❑r, or other structure in such city or town, or anything attached .r connected therewith, which has been represented to be danger- ons to life or limb. As amended St.1946,c.363, § 5., Historical Note St. 1885 C. 300§1. R.L. 1002 e. 104§ 12. St. 1013 c. 655§ 12. St. 18!)4 c.481§ 47. l .� The phrase "of the division of inspect- cerded sections six to eleven, inclusive" tinu•' was inserted by the 1046 amend- and changed the,pce ih.ion of the phrase j. mrnt. The same scl'., also struck out, "ill such city or town" which formerly fallmving the words "selectmen of any followed the word "therewith." �1town", the clause "which has not ac- Cross References hindering inspectors in the performmme of their duties, penalty for, see section�6o - of this chapter. "' SI J 14. Dangerous structures removed or rendered safe. If it ap- pears to such inspector that the building or other structure, or any- j tj thing attached to or connected therewith, is dangerous to life or limb in case of fire or otherwise, he shall cause it to be removed or ren- . 37 14 , `i I� 143 § 14 PUBLIC SAFETY AND GOOD ORDER Ch. 143 dered safe in the manner provided by sections six to eleven, inclu- sive, and may cause proceedings to be instituted under section twelve. ' + Hastorleal Note St. 1888 C.399 9 2. R.L. 1902 e. 164§..13, St. 1913 c. 658 g 13. St. 1894 C. 481 g 48. i i § 15. Erection or alteration of public buildings, establishments, buildings with several stories. No building which is designed to be used, or in which alteration shall be made for the purpose of using it, or continuing its use, in whole or in part, as a public building, or as a factory, workshop or mercantile or other establishment, and to have accommodations for ten or more employees, or as a hospital, S. sanatorium, convalescent or nursing home, infirmary maintained in a city or town, private infirmary or boarding home for the aged hous- ing three or more patients, licensed by and under the supervision of the department of public health, grandstand, stadium, bleacher or arena, and no building more than two stories in height designed to be used above the second story, or in which alteration shall be made for the purpose of using it, or continuing its use, in whole or in part, as an office building, dormitory, hotel, family hotel, apartment house, Il boarding house, lodging house or tenement house, and to have eight or more rooms above said story, shall be erected, and no alteration j' shall be made therein, until a copy of the plans and specifications thereof has been deposited with a supervisor of plans by the person causing its erection or alteration or by the architect thereof. Such plans and specifications shall include those for heating, ventilation and sanitation, if a supervisor of plans so requires. Such building shall not be so erected or altered without sufficient egresses and Oth- er means of escape from fire, properly located and constructed. A supervisor of plans may require that stairways shall be enclosed, that they shall have suitable landings, that they shall be providcd with hand rails, that egress doors and windows shall open outward and have approved hardware, that places of egress shall be Proper- ly lighted and,designated, and that proper fire stops shall be provided in the floors, walls, partitions and stairways of such,building. IIe maN, make such further requirements as may be necessary to prevent the spread of fire or its communication from any steam boiler or heatiq ! . apparatus therein. The certificate of approval by a supervisor of plans of such plans and specifications, endorsed with the approval of the chief of inspections of the department, or a specification of requirements necessary for compliance with sections fifteen to sixq', inclusive, set forth in detail and so endorsed, shall be issued to the person causing its erection or alteration, or to the architect thereof, 38 , I (fYtu of �$a lem' 'fflttssarhusetts ��•. � � �3xhlic �ru�el-#� �e�ttr#meu# s ~ PAM'% Pepadmen# �uniel �J_ �'�rien, fir., Supt_ �Rnnm z, CHR 3Hau January ZI, 1971 9:39 a.m. Mr. John P.. Lappin :3ZO l,nfa.yette .street Salem, Massachusetts Dear Mr. Laopiu, A survey board having been appointed as provided by the General 7Aws Chapter 143 Section VIII, which board has made a survey of your building at 113 and 116 Washington Street, a copy of the written report made by :such board is herewith delivered to you, as provided in said Section. When .I spelib to you by telephone lest evening* you said that you would take no stop for the demolition if it was required, because you were unwilling to assume the costs of such demolition. I notify you herewith that if you continue your refusal or neglect to demolish and remove your building for more than Twenty- Four Hours from tho receipt by you of this letter, 1, as Inspector of Buildings, will, as provided. by Section 9 of said Chapter, cute the building to ba taken down .and the premises aecured. I call your attention to the face that the latter named Section pro- vides that the costs and charges incurred shall constitute a lion upon the land. I "poet to hear from you before the expiration of said Twenty-Four Flours to the affect that you have asgrauged for the beginning, at least, of the detnolition process, and in such ruse you should confer with me in order to assure that the demolition continue6 with the utmost possible speed. Unless such steps as are here described are at least begun within those Twenty-Four hours, 1, as Inspector of Buildings, sha11 proceed with the demolition as provided by the Statute, Very truly your*, DANIEL J. d'BRIEN, JR. Building Inspector January 21, 1971 Report of the Survey Committee Re: Property at 114 and 116 Washington Street, Salem In accordance with the provisions of Chapter 143 Section VIII of the Massachusetts' General Laws, the undersigned City Engineer of the City of Salem, the head of the Fire Department of the City of Salem, and one disinterested person appointed by the Building Inspector of the City of Salem, have made a careful survey of the premises at 114 and 116 Washington Street in Salem owned by Mr. John R. Lappin, which building has been seriously damaged by fire. We hereby report that the condition of this building in its present state is Lmsafe, and that it requires immediate removal which in our opinion is required because the building is dangerous to life, limb, and property. It is our opinion that nothing short of complete 'ition of this building can satisfy the require- ments of public safety. Dated this Twenty-First day of January, 1971. City Engineer Chief of Fire Department isinterested Person Ap- pointed by the Building Inspector. y (fi#u of ?tlPiti, tt�sttclzse##s T<<L { g ]Jublir ProyMM Pepartmeut +RuiNng Pepar#meut �dttnixl J- (®'�rien, fir., �upL Room Z, (ITHU Pull January 20, 1971 Mr. John R. Lappin 329 I.afayeete Strerst Lateen, Aisssachusctta Dear Mr. .Gappta, I advised you by te'lephoue earlier this evening of the emergency can- dittos which confronts the City of Saler and yourself because the fire in your building at 114 and Ile washiugtoa Street continues uucohtrolled. 1 have throughout the day zmsde personal inspections of this building and I flava consulter) with the City Engineer, the City hire Chief, and also with others, as to the means which gray be necessary 0 brio$ We fire under control and to insure the safety of the Teeple of Salem. t have made tine Bete inatiou that in my opinion, ,public safety requires the immediate removal of this unsafe structure. Both to bring this fdre under control and to protect the citizens of Salem from Injury. As provided in the Central Laws Chapter t.49 k'ectlon VI, I notify you here- with, as I We earlier notified you by telephone, that the building is chngerous and that it must be removed by you without delay. As provided by Section VII of the satiae CWpter, the Laity Council has this evening met In emergency session and has adopted an order In which 1, as Building Inspector, am required by the 6cessity for Public safety and by the vote of the City Council"immediately to enter upga the premises together with the necessary workman and assLeaasia and cause this unsafe structure to be taken down without undue delyly. I advised you by telephone that I had arranged to have present at the City IWI this evening, r.zt. Daniel Uschey who is a thoroughly experienced person in the field of demolition, and I advised you that I had arranged for Air. Idaekoy's rresence so that you with Air. Mackey might crake such arrangements as you might wish to make for the removal of your building. I remw# you that you stated to arm at that time that you would not make such arrangenmate and that If the building to question was to be takes down, you were not willing to pay the expenses for such removal. I sue taking the necessary steps to proceed with the demolition, in such stages ea might be required by public safety. First to take down a portion of the building and then of the raw-in3 if safety does so require. Mr. Hohn R. ,Lappin _g.♦' It is required that you make your,arrangements, immediately with Mr.: Mackey- ' or ,some other suitable party, for the removal of this building. . 1f you fail to make arrengemente for the immediate demolition of said building, the law provides for a' ' report from a survey committee, in which case, following demolition thereafter, the costs and charges Incurred.shall constitute alien upon the land.. very: truly yours, Daniel J. O'Brien Building Inspector 0 LI t . q 0 January 21, 1971 Report of the Survey Committee Re: Property at 114 and 116 Washington Street, Salem In accordance with the provisions of Chapter 143 Section VIII of the Massachusetts' General Laws, the undersigned City Engineer of the City of Salem, the head of the Fire Department of the City of Salem, and one disinterested person appointed by the Building Inspector of the City of Salem, have made a careful survey of the premises at 114 and 116 Washington Street in Salem owned by Mr. John R. Lappin, which building has been seriously damaged by fire. We hereby report that the condition of this building in its present state is unsafe, and that it requires immediate removal which in our opinion is required because the building is dangerous to life, limb, and property. It is our opinion that nothing short of complete demolition of this building can satisfy the require- ments of public safety. Dated this Twer4-First day of January, 1971. City Engineer n / Chief of Fire Department :isinterested Person Ap- pointed by the Building Inspector. n Dan - could we get an answer to this letter ' .` prior to Board of Health meeting - Feb 27, 1972 Colin January 29, 7.973 Daniel J. O'Brien, Jr. InS71letor of Butldtnrrs 5 Broad Street Salem, MA 01070 Dear 'Ir. O'3rien: The 1'.oard of wenit`l at C,..e Jnnosry igeetii,5` oxnre9.3ed great coR(- / in regard to t's:e t ro condemnee! structures at 4- ;;room Street and 14-16 Brown Street owned by 3 n1.e1 iu¢h, Jr. A decision on what action will be t.n':can at t_`AQs" structures will he made at the February r:ceti.ng of Cle _'.oard of i?ealth, fiowpver, the Board has as,-.ed t:iat tiie follo*ring questions be ar.,swered: (1) are both strActures (4-6 :grown :.treet Court and 14-16 Brown Ftreat) structurally som:d? (2) Is the present boarding up of doors, wiec'ows and otter means o2 entry sufficient to prevent access to vandals, children, and vagrants w%o may start fires or cause further damage to t-e structures? We urge that this information be made available to tine Board of Health ' prior to the February 17, 1973 meeting;. Your cooueration is reatly appreciated. Very truly yours, Reply to: FOR THE BOARD OF HEALTH JOHIT J. T00Mn, D.S.C. Colin E. Cameron,$.S. Health Agent Senior Sanitarian f w • ., a S': - -s,5 � �> ' f � ` 3.f 1.�..." •,4a Pas 1 > r . . ° _ _ - .. �{{ June 14; 1973 Lk �Mr. Daniel W.' Wu �.:Jr. • att. lfr. Douglas f!. Haley s w YS Lyn de- Street ", ' lj5 $ssax;Straet J F 'S41em,gg�MA 019701 p 9 loms MA 01970 Contlemont'fi • }Jay, •'. s p'J�i..A*4. ' .: i' I. n:b '.. - {.. a t Irt regardto,the condemned structures at 14-16 Hrorrn Stseet ,'. . } . =and 4-6 Brown Street Court. Tou are requested to be at the =' G• Board o! eammaJune Hlth. ting oa J 26, 1973 (WO 3 Y '•Ya '+i tf'4 +•'i"+a e e `3Nk r ^ ,r x . . ti. r u I Please ba"prepared toohow cogloe of decisions received from zoither'the Board of Appanls-or. $lanning Board on thsso . . propertlea. ; F ° 'Var'p truni, wReply tos ! tr r 4408 THE BOM OP IiP.,ALTH, - x}' aA 'JOHN J. TOOIXY;:D.S.C.'a f"_ � _ "COLZA!E. CAMERON, R.S. x 8mY$1th 'R$inC { :S . ° .d ° , , Senior Sanitarian b-t YY' !f' v pR a VV C�.ra,Ub�„�Y•�ts ri aY� • T "- r. . z y •. t r . M CCs ' Councillor Joseph,O'B:eole WT ya iw y i ¢ A6 �� Titu of 0$ttlrm, Massarllusrtts BnarA of 1iealfh N 5 �iirnaA street - �Cttplttn. ! . f�., hIt(ttirmttn Jath J. c9nomeg. �.5+.(II. �• �ttrcitt (Qnuntie, . 3V. g:..un r�s�^, Jnoepll �. i�irtlttrD 31. tHnberi �llttugtlneoog. 9b9. �. MilAreA T. Moulton. R. X. !Rnhert 'ileak4orn January 29, 1973 Effie Mad3onalb Daniel J. O'Brien, Jr. Inspector of Buildings 5 Broad Street Salem, MA 01970 , Dear Mr. O'Brien: The Board of Health at the January meeting expressed great concern in regard to the two condemned structures at 4-6 Brown Street and 14-16 Brown Street owu'ed by Daniel McHugh, Jr. A decision on what action will be taken at these structures will be made at the February meeting of the Board of Health; however, the Board has asked that the following questions be answered: (1) Are both structures (4-6 Brown Street Court and 14-16 Brown Street) structurally sound? (2) Is the present boarding up of doors, windows and other means of entry sufficient to prevent access to vandals, children, and vagrants who may start fires or cause further damage to the structures? We urge that this information be made available to the Board of Health prior to the February 27, 1973 meeting. Your cooperation is greatly appreciated. Very truly yours, Reply to: FOR THE BOARD OF HEALTH I IMM J. OOMEY, D.S. . Colin E. Cameron,4.S. Health Agent Senior Sanitarian f i ,�,cowir� Tity of '�$a1em, Aas5ar4 zseffs � •: �' e �ublit �rIIpEX#�J �Epttr#mEn# sRer,�os�'� �1tiIDtYC� �P�JIiT#IYIEYI# �nniel �. (®Tien, fir., upi. February 26 , 1973 ovm 7, Qitp Pall i Mr. Daniel W. McHugh, Jr. , 25 Lynde Street , Salem, Massachusetts 01970 Dear Sir: Re-Structures at 4-6 Brown Street Court 14-16 Brown Street In accordance with Chapter 143 G.L. Section 6 , I have inspected structures presently existing at 4-6 Brown Street Court and at 14-16 Brown Street and found that these buildings are unused, uninhabited and open to the weather. My inspection revealed further that cellar windows are open, pro- viding access to the building at 4-6 Brown Street Court ; front and side entrances are wide open, and the weather is getting in on the second floor at 14-16 Brown Street because the windows are not barricaded; in addition, there is a tremendous accumulation of rubbish in the structure itself. With the amount of debris inside these buildings , I feel that a very definite fire hazard exists. You are hereby notified that these conditions can not be permitted to continue , and you are further advised to immediately remove all haz- ardous conditions and make these premises safe and secure . Very truly yours , DJOB:cc Inspector of Buildings 1J 11J11IC.�J �.l'l llllLA LC V v6�(,ONp�fQ�e Citp of 6atem, AIaggacbugetts 9��rY1N8�Nr DATE FILEDType: , New Expiration Date Eior, Z °� ❑ Renewal, no change Number 96-105 ❑ Renewal with change In conformity with the provisions of Chapter one hundred and ten, Section five of the Massachusetts General Laws, as amended, t e undersi tied hereby declare(s) that a business is conducted under the tide of: C _ at. � " Q'E�� >� /Ito-�: ,�3 wti's )h� `7' /(1G type of business by the following named person(s): (Include corporate name and title if corporate officer) �f- Full Name Residence Si nature � � - ----------- ----- ----------------- --------------------------- ----------------------------------------------------- on -'T' - -' 19-ILthe above named person(s) personally appeared before me and made an oath that the foregoing statement is true. ----------------------------------------------------- ------------------------------------------------------ CITY CLERK Notary Public (seal) Date Commission Expires Identification Presented State Tax I.D. # S.S. # �?sO 6, 7-2 7` (if available) In accordance with the provision of Chapter 337 of the Acts of 1985 and Chapter 110, Section 5, of Mass. General Laws, business certificates shall be in effect for four(4) years from the date of issue and shall be renewed each four years thereafter. A statement under oath must be filed with the town clerk upon discontinuing, retiring, or withdrawing from such business or partnership. Copies of such certificates shall be available at the address at which such business is conducted and shall be furnished on request during regular business hours to any person who has purchased goods or services from such business. Violations are subject to a fine of not more than three hundred dollars ($300.00) for each month during which such violation continues. ` .� s . :�