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1 BUTLER STREET - BUILDING JACKET 1 BUTLER STREET i l__ Omy�nm X g n � CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 JOANNE SCOTT, MPH, RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(978) 741-1800 Fax: (978) 740-9705 August 14, 2000 Leo &Taw Nya Jalbert 197 Jefferson Avenue Salem, MA 01970 Dear Sir or Madam: In accordance with Chapter III, Sections 127A and 127B of the Massachusetts General Laws, 105 CMR 400.00; State Sanitary Code; Chapter I: General Administrative Procedures and 105 CMR 410.00: State Sanitary Code, Chapter II-: Minimum Standards of Fitness for Human Habitation, an inspection was conducted of the property 1 Butier Street#2 occupied by Deb Prince conducted Mark Tolman, Sanitarian on Wednesday,August 9, 2000 at 11:00 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 notify tenants of lead related reports and tests, and to ensure that this unit complies fully with 105 CMR 460.000 : Regulations for Lead Poisoning Prevention and Control. For further information or to request an inspection, contact the Salem Health Department at 741-1800. You are hereby ORDERED to make a good-faith effort to correct the violations listed on the enclosed inspection report. Failure on your part to comply within the time specified on the enclosed inspection report will result in a complaint being sought against you in Salem District Court. Time for compliance begins with receipt of this Order. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s) to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. For the Board of Health: Reply to: ko"anne Scot Mark Tolman Health Agent / Sanitarian cc: Councillor L. O'Learyy'Building Inspector 8 Tenant Certified Mail #Z 447 277 882` JS/sjk c-h-violet SALEM HEALTIi DEPARTMENT 9 North Street Salem,MA 01970 4�1 State Sanitary Code.Chapter.11:,105,CMR 410.000 Minimum Standdn:9'of F�ness'forHuman Habitation , 1 Occupant: 11r�o� r1rF Phone: 7rY-9f37s' Address: ` l Cju��er <Y " ' Apt. 1 Floor. .t Owner. Ze0T '.0 Address: /97 1PF`P.rSon Auc '5Ak^y MA 01970 Inspection Date: e/9 00 Tune. Go/)rrr Conducted By: Mg)e IIolmgn Accompanied:ey:., ienonr - Anticipated Reinspection Date: Specified Reg # Violation Time 410. BASED ON,.A TENANT' COMPLAINT,AN INSPECTION WAS CONDUCTED=IN:ACCORDANCE WITH CHAPTER II OF STATE SANITARY CODE 105CMR 410.000. INSPECTOR NOTED: S 351 S00 rs nose a_vrcQ � ' 3 3SCf�Lrd- er f it er a.+Y 02Q.Sk 61' Aire Wced i i D H VIKt 11 Gav i .�. ' [ r �Ft-�cr. 1-'g� rr r-1-�✓ LHr�_�P �e �I t �coo� 3o s 351 Soo 11111rS kp-qSeer_Ar[.+±1._mr-l_k_y_p,34aeX re/arHferd I• �an �',,'r�/cc� -any-2L—Ca>?�oiYN t..�41. r-r.<�i✓r- IJylf(_,___._(}� Lj � e does Lt k� One or more of the above violations may endanger or materially impair the health, salely and well-being or the occupants(s) � IZI �i�G' ------------ --- ------------- Code Enforcement Inspector Este es on documenlo legal importante. Puede que afecte sus derochos Puode adquinruna Iradu x on dr esu lnrma K w:"' -AFPF1!IDIXII(14), .:: Legal Remedies for Tenants of Residential Housing 'rhe following is a brief summary of some of the legal remedies tenants may use in order to get housing code violations corrected: 1:,Rent Ytithholdine(Massachusetts General Laws,Chapter 239,section 8A): If Code Violations Are Not Being Corrected you may be entitled to hold back your neat 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 is. your rent B.You did not cause the violations and they caribe repaired while you continue to live in the building. C. You are prepared to pay any portion of the rent tnto court if a judge orders you to pay it.(For this,it is best to put the- rent money aside in a safe place.) 2. Renair and Dedu 1(Massachusetts General Laws,Chapter 111, section 127L):The law sometimes allows you to rue 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 w4being,and your landlord has received written notice of the violations; you may-be able t use this mody.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'rcpt in ing year to make this y repairs:--- -- 3: R aliatoty Rrnt Inereaus or Evictions Prohibited(Massachusetts General Laws,Chapter 186,section 18,and Chapter 239,:_. section 2A):-`he owner may not increase your rent orevictyou 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 shewill:have to show.a good.reason for the increase or eviction which is unrelated to your complaint..You may be ableto suethe landlord for damages of be or she tries this. 4. Rent R ceiv .rshin(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 count 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 limitauon of four months'rent. 5. & h o(Warranty of abi ability: You may he entitled to sue your landlord to have all or some of your rent resumed if your. dwelling unit does not meet minimum standards of habitability. 6. Unfair ad 1)cQcl)dYc Pia ices(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 withbold your rent or take any other legal action, it is advisable that you consult an attorney. If you cannot afford to consult an attorney, sou should contact the nearest legal services office, which is: Neighborhood Legal Services 37 Friend SL Lynn, MA 01902 (617) 599-7730 CITY OF SALEM HEALTH DEPARTMENT Nine North Street �a ✓ Salem, Massachusetts 01970 Page I_of Date: ajvi,o Name: Dcb �4r,nce Address:_ _1 &f er S-4- Specified Time Reg.#410.. Violation(s) - S o+ ling L/I e. Le rAcsi i edi'wy440a idecQ He iS ee Ge'ii t. 1 0 90 c e oa i>v 6%c o .: d' `c� a UC ve L."01111 91 C E OMINCN 3S/ c (lec� Se c d 3S iN Yec CIPS . [ 11 i ec1 I.Lw ft-niSlid IJAII us H 1 30JAV9 f1cc/6tl (,c] hale b45e4,c,,d, f_u�w rw i tk Cee CVA tAA + e i `X o . ,,II (colic( bcJ, - '�.^ o JJ',W Musk �ea C.c.ve.t f� 14'ere l .Q yns '.0 c e _ eAr S Page of Date: Name: Address: Specified Time Reg.#410.. Violation(s) x s CHC of '�$ttlem, ttsstttl�use#ts Paurb of �Fpettl MAY 26 8 aR pN '86 DECISION ON THE PETITION OF NICHOLAS & DF}gPt9H MAROTTA FOR A VARIANCE FOR 1 BUTLER ST. CIT` „ rN.HeSS A hearing on this petition was held May 21 , 1986 with the following Board Members present: James Hacker, Chairman; Messrs. , Fleming, Luzinski, Strout and Associate Member Dore. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners, owners of the property, are requesting a Variance to allow an existing three family dwelling in this F-1 district. The petitioners requested leave to withdraw their petition without prejudice. The Zoning Board of Appeal unanimously, 5-0, granted leave to withdraw. WITHDRAWN \ Hacker, Chairman A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK - /." SHA:L eE .%C' FCF S':A4T TO SECT Z, I7 F .. . T8': C_...,.'fi, f. ' . • - GCGi.R6L SY..A.LL CE FiLFL V- OF Cf;iS A��n SFE DI :,F - OF THIS III THE Li FTSE C:F THE CM' CLE'. . FE PU'Sf.!+1 TC k'.IL ^E �`'. L4 C' Tz^ f - cr ,• CP4VED FE%:i%. `HALL d-' TP ` M 'T d T:L A C IFY C F -� FICATiO!i OF THE CM CLERK 'fH.4T :J DA+S HA;E EL�P:._�`..`-�'IC /�r'AL hff L OR THEY. IF SO"i 4;1 APPEAL HAS e'Ei; FILE. TIiAT IT t. _,._v ?!!`_ I. ._ Cr RECOE.DED IN THE S✓M: ESSEX eEC!S?"•Y OF LLPS AfX I..JE:<E'v OF RECORD OR lS RECORDED AND NOTED ON TE E O'e.'::Ef:'S CERTifIL �E OF TITLE. BOARD OF APPEAL 4W ofttlem, ttsstttl#u�e##s Pours of �p}iettl 'S5 r� Oct 3 8 42 N c"comr fi� FILE 9 DECISION 0I1 THE PETITION OF NICHOLAS M. & DEBORAH I. MAROTTA FOR VARIANCES 'FOR 1 BUTLER ST. 0 �1tM,NAit. A hearing on this petition was held on September 17, 1986 and suspended to September 22, 1986, with the following Board Members present: James Hacker, Chairman; Messrs. , Fleming, Bencal, Strout and Luzinski. Notice of the hearing was sent to abutters and others, and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. The petitioners, represented by Attorney Michael M. McArdle, requested a Variance for the building located at 1 Butler St. to be used as a three (3) family dwelling and a Variance from the required on site parking requirements. The property is located in an R-1 district. The Variances requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners; and c. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after hearing the evidence presented at the hearing and after viewing the plans, makes the following findings of fact: 1 . No opposition was presented to the plan; 2. The area, although designated R-1 consists substantially of two (2) and three (3) family dwelling units; 3. A denial of the Variance would work an economic hardship on the petitioners; 4. A two family use would not derogate the value of surrounding housing; 5. There is room for three (3) cars to be parked on the premises. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the property but do not generally affect other lands, buildings and structures in the same district; 2. Literal enforcement of the Zoning Ordinance would involve substantial economic hardship to the petitioners; DECISION ON THE PETITION OF NICHOLAS M. & DEBORAH I. MAROTTA FOR VARIANCES FOR 1 BUTLER ST. , SALEM page two 3. The relief requested may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 4-1 , Mr. Hacker opposed, to grant a Variance to allow the property at 1 Butler St. to be used as a two (2) family dwelling, provided that: 1 . The property remain owner occupied; 2. Three (3) spaces for automobile parking be maintained on the property; 3. That all the requirements of the Massachusetts State Building Code be adhere to; 4. That all the requirements of the Salem Fire Department regarding fire prevention be adhereed to; 5. That the petitioners obtain an Occupancy Permit from the Building Inspector for each unit. The requested Variance from the parking requirements is not granted since the petitioners can meet the one site parking requirements fora two (2) family use, that is three (3) spaces. VARIANCE, AS MODIFIED, GRANTED ames M. Fleming, Esq. , Pmber Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROG THIS DECISION, IF ANY. SHALL BE MADE PURSUANT TO SECTIO?'' 17 OF THE L ._.. GENERAL LATS, CHF.FTE9 SDE. ACD SHALL BE FI:ED VATHIN 20 DAYS AFTER THE DATE OF Fi;': CF THIS DEM;ON IN THE OFFICE CF THE CITY CLERK. PU.._ I; TO ;:ASS. _7'.EPAL LR..,. CH?,-TE 2^£. SEC-':)N 11, THE VAR;,M-E 0" SPECIAL P°-',IIT ' "RA'JED HEPt. S`.;:: T E E-,Zi! V:Tl A COFY OF 71,`1:.!:. i-.. E -C.:i- FICATt0% OF TH: C'71 £LEp.. 'NS' 91 D.%-13 WA-- p-OF "L H � .'... ....'O. OR THA' IF SO-H A5 ..?FEA. H;S :. FILE. L.... 1T REC"PDED IS T-,E S2JiH [.>:' RE-'S-R, r :�--:DS N" . :c �. ...::.. OF RECORD OR IS R£COP.DED AND riOTED ON THE OWNER'S CEFMFiCATE OF -1 17.:. BOARD OF AFFEAL ('gitg of 'Salem, fflassar4usetts Poxra of OCT 3 $ 42 EH iUTT F&`` 11 E DECISION 011 THE PETITION OF NICHOLAS M. & DEBORAH I. MAROTTA FOR VARIANCES FOR 1 BUTLER ST. �TY �: •" ��l:�,M�ti. A hearing on this petition was held on September 17, 1986 and suspended to September 22, 1986, with the following Board Members present: James Hacker, Chairman; Messrs. , Fleming, Bencal, Strout .and Luzinski. Notice of the hearing was sent to abutters and others, and notices of the hearing were properly published in the Salem Evening [dews in accordance with Massachusetts General Laws Chapter 40A. The petitioners, represented by Attorney Michael M. McArdle, requested a Variance for the building located at 1 Butler St. to be used as a three (3) family dwelling and a Variance from the required on site parking requirements. The property is located in an R-1 district. The Variances requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioners; and c. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after hearing the evidence presented at the hearing and after viewing the plans, makes the following findings of fact: 1 . No opposition was presented to the plan; 2. The area, although designated R-1 consists substantially of two (2) and three (3) family dwelling units; 3. A denial of the Variance would work an economic hardship on the petitioners; 4. A two family use would not derogate the value of surrounding housing; 5. There is room for three (3) cars to be parked on the premises. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . Special conditions exist which especially affect the property but do not generally affect other lands, buildings and structures in the same distric- 2. Literal enforcement of the Zoning Ordinance would involve substantial economic hardship to the petitioners; DECISION ON THE PETITION OF NICHOLAS M. & DEBORAH I. MAROTTA FOR VARIANCES FOR 1 BUTLER ST. , SALEM page two 3. The relief requested may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted 4-1 , Mr. Hacker opposed, to grant a Variance to allow the property at 1 Butler St. to be used as a two (2) family dwelling, provided that: 1 . The property remain owner occupied; 2. Three (3) spaces for automobile parking be maintained on the property; 3. That all the requirements of the Massachusetts State Building Code be adhere to; 4. That all the requirements of the Salem Fire Department regarding fire prevention be adhereed to; 5• That the petitioners obtain an Occupancy Permit from the Building Inspector for each unit. The requested Variance from the parking requirements is not granted since the petitioners can meet the one site parking requirements for a two (2) family use, that is three (3) spaces. VARIANCE, AS MODIFIED, GRANTED // \I games M. Fleming, Esq. , tuber Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK APPEAL FROM, THIS DECISION, I AV. SHALL BE \iADE PURSUANT TO SECTIO?: 17 OF TAC r_.. OENER.AL LA71S, 6FF.F7;9 EDS. A::D .SHA1 DE FP_ED WITHIN 20 DAYS AFTER THE DATE OF F:.� CF THIS DEM;CN IN THE OFFICE CF THE CITY CLERK. TC !4ASS r:^o:G' �� i-.073 ., tr •rt"C� n r AL P77" ._ !4ASS. � ;::Z. C�. . c.. e:_. SECT a..9 11, THE Vn..�, � _ 0 . F.il _... IT t RA.7JED HERE.'!(. C.,,:L ...- T'...; _ C,. C.^.;iL A CCF'i OF Ti?Si ._. EG F.:UIC:: OF T55 L:"i ° iH+' _ C :F P?':° .! r_EF =.L h .. J OR THA' IF S'J=H A:, ,.FFE=.: r,-.� ?.: , nLE. -c.-.. IT ,i '•__• .._ _ _. RE0..._EJ IN T-E SaIH E'S--n kE. ,.:Fi ._LSAi.fl OF RECORD OR IS RECORDED AND ON THE VeNER'S CERTIFiC1.E OF BOARD OF AFPEAL 0 ,.00NWT,��•� • tv of 'Salem, C�"N�N K4iF41.V��4� ,44 a Public Prnper#g PepartIl ent ',Rco „s i� uildiitg �epttrtment William H. Munroe One Salem Green 745-0213 April 10, 1986 Robert S. Marcus & Associates 143 Newbury St. Boston, MA 02.116 RE: 1 Butler St. , Salem Dear Mr. Marcus: This letter will serve to acknowledge receipt of your letter of April 8, 1986 and to also confirm our telephone conversation of April 4, 1986 with regards to property located at 1 Butler St. , Salem. Prior to 1965 the property was located in an "S" Zoning District which allowed for multi-family dwellings as well as certain business uses on the first and/or ground floor. Since August 27, 1965 when the current Zoning Ordinance was adopted, the property has been zoned residential one (1 ) family. It would appear, from researching the normal records available to this office, that in 1965 the property was used as a community club and in 1967 was listed as vacant. There are no records on file in this office that would indicate when the property was converted to residential ' use. Sincerely, f William H.' Munroe Zoning Enforcement Officer WHM:bms LAW OFFICES ROBERT S. MARCUS 22 AND ASSOCIATES Ilfllllll� „ 143 Newbury Street Boston,Massachusetts 02116 ROBERTS- MARCUS, ESQ- 143 BOS ON,MA 002116 LAW OFFICES ROBERT S. MARCUS ROBERT S. MARCUS AND ASSOCIATES APR IG o�F"Mu SeL '2 t,r'' 7f ERICA PAQUETTE BIGELOW 143 Newbury Street IRA MA CUS D w.,ofR,d&tme Depme w Boston, Massachusetts 02116 'CITY �,P;., IRA 74iJ'''dw',dm ern,NJ,MA STEVEN ROSENBERG (617) 437-7770 ` 'CHARLES 9C.TIBALDI Ad'neeia nu,w,PLA JOHN P. RAUSEO A&,dmi,ted,.PA April 8 , 1986 Mr . William Monroe Building Inspector Building Department One Salem Green Salem, MA 01970 Re: Butler Street , Salem, Massachusetts Dear Mr. Monroe : Thank you so much for your cooperation on our various telephone inquiries to your department regarding the zoning on Butler Street , Salem, Massachusetts . I would appreciate it if you would confirm in writing what you advised me by telephone on April 4 , 1986 , namely that Butler Street, including that portion of the street where One Butler Street is located was zoned "semi-residential" prior to 1965 . Prior to 1965 , you characterized Butler Street as a semi- residential zone in which, permitted uses were any use allowable in either a single , general or multi-family use district . Also allowed were business uses on the first and/or ground floor of multi-family residential dwelling units . Butler Street is still predominated by multi-family, two to three family residental dwellings. Assuming that a dwelling was constructed prior to 1965 and conformed with the then existing zoning usage and that use was continued until the present , that dwelling, although a non-conforming use by post-1965 by-law changes, would be considered a lawful pre-existing non-conforming use. If for any reason, I have mischaracterized anything you said, I apologize and I would appreciate you advising in writing as to the correct nature of the zoning or usage permitted according to the pre-1965 zoning ordinance. William Monroe Building Inspector April 8 , 1986 Page 2 I have enclosed for your convenience, a self-addressed stamped envelope. rM4ARCUA LOCIATES ROBERT S . MARCUS RSM/laa enclosure LAW OFFICES .MICHAEL M. McARDLE Noy B 8 u AM ®B5 74 ATLANTIC AVENUE MARBLEHEAD, MA 01945 RECEIVED et CITY OF SALEH,HASS. TELEPHONE 4617)939,1117 November 13, 1985 Mr. Edgar J. Paquin Assistant Building Inspector One Salem Green Salem, MA 01970 Re: 1 Butler Street Nicholas Marotta Dear Mr. Paquin: Per our phone conversation of last week, I enclose a copy of the Salem District OourtS' Mediation Program report disclosing that the Sawyers have agreed to trove from the premises under the terms of the Agreement signed October 30, 1985. The Marottas will assist them by giving favorable credit information. Upon the departure of the Sawyers, the Marottas will occupy the second and third floors and thus eliminate the present concern for the second egress. I will update you with any new information as it becomes available and if I can be of any further assistance, please advise. The cost of complying with the necessary repairs is in excess of $8000.00 and the Marotta's are seeking relief in this regard against the brokers who advised Mr'. Marotta the egress situation on the third floor was adequate. Thank you for your understanding and assistance. Very truly yours, Michael M. McArdle File # 192 cc: client Karl G. Spitzer, Esquire LAW OFFICES MICHAEL M. MCARDLE IQa •nr�, . 74 ATLANTIC AVENUE ( c7,1 �1+ NOV g NO413"' MARBLEHEAD. MA 01945 `''\.� C�l� L� ry 85 ,��•;.: /1 ' ��� � a PY. PdrTar J. Paquin Assistant Building Inspector One Salem Green o _ Salem, MA 01970 r1 P Q '" -pc n:.,QCTCOURTOFESSEX STREET SALFM.i'A-SSCGHUSETTS ^� I�I--El'� ,p SALEM '.1EDIATiON PROGRAM Nov IU U 40 XUi TELEPHp"IF RECEIVED 7L5-4165 CITY OF S4LE14,laASS. 745-416g MEDIATEn Ar,REFMENT DATE: We the u dersinned have taken part in a mediation session on /! -Fy/F.sand have anreed to the following terms and conditions: DATE t `Z- �i9 I;F/ i c s /1 c,ecc (� �j�GE /) «E`5 TV 7�ETi=/1 /N F�Ol1-� � ��77.�iti /,✓/i/�;'G �/1 ��`; i/ `���i �;f / TGc //Y-a �j��.f�'y/SCS : . '(/c __ r,• 111 We understand that this agreement is the' only part of the mediation process that is not considered confidential . We feel it represents an accurate and reasonable settlement . Sionatures Date Witnessed by . Date %.i �• ��� - ' ' .y . ,yam . - / " i --r a Public PrnpP7rttU PPpartment f�'9co5 �nlidilti� ]tyEpiTrtnlPnt William H. Munroe One Salem Green 745-0213 October 23, 1985 Nick Marotta 1 Butler Street Salem, MA 01970 RE: [One Butler Street Dear Mr. Marotta On inspection of your property at the above address I found that no second means of egress from the upper floor exist. This upper floor is now being used as an apartment and is in direct violation of the Fire and Building Codes of the Commonwealth of Massachusetts. You are hereby ordered to provide (2) two means of egress to this upper level within (7) seven days of receipt of this notice. Failure to comply with this order will result in legal action. Respectfull zdg vin L-�ing 1Asst. Inspector EJP/jdg c.c. : Mr. Mroz, Mayor's Aide City Clerk Councillor O'Leary Health Department Fire Prevention a 0 SENDER: Complete items 1,2,3 and 4. T o Put yW r adtlress in the"RETU RN TO"space on the 3 reverse side.Failure to do this will prevent this card from t.� being returned to you.The return receipt fee will provide r you the name of he person delivered to and the date of delivery.For additional fees the following services ere available.Consult postmaster for fees and check boxlesl .� for�seervicaial requested. pip 1. pl Show to whom,date and address of delivery. 2. ❑ Restricted Delivery. Ivo N 3. A itis rslW to: 4. Type of Service: E Article Number ./ ❑ Fiegisterad ❑ Insured �G�3 ��9 /y Certified ❑ CDD Express Mail Aiways obtain signature of addresseeQagent and DATE DELIVERED. � 5. Si re -,i4tl ease � x 6. Signature-Agent r .l 7. Date of Delivery - - c 2 8. Addressee's Addrms(ONL i request a eepa m C7 m 9 UNITED STATES POSTAL SERVICE III I ( r OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address,and ZIP Code in the space below. • Complete Items 1,2,3,end 4 on the reverse. • ArteCh t0 front of article if space permits, PENALTY FOR PRIVATE otherwise affix to back of article. USE.$soo • Endorse article"Return Receipt Requested" adjacent to number. RETURN 0 TO (Na a fSender) QMti No.end'tweet,Apt,Suite,P.O. Box or R.D.No.) (City,State,end IP Code) P 443 509 279 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Reverse) Street P.O. to and ZIP Code c/ 0 Postage $ Certified Fee �� Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return Receipt Showing towhom. N Date,and Address of Delivery Q °a TOTAL Postage and Fees $ \\ a pe„ Postmark or Date o` — w W SMPOSIAOFSTAMPSTO ARTICLE TO COVER FIRST CLASS POSTAGE CERnI]M MNL FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(sea" -, 1.If youwantihisreceipt postmarked,sticktho gummed stub on the left portion of the addressalde ofthe irdcle leaving the regolptattached andpresentthearticle at apostofRce servicewlndowor hand It to your rural carder.(no oma charge) 2 If you do not want this receipt postmarked,stick the Summed stub on the left portion of the address aide of the article,date,detach and retain the recelpt,and mag the article. 3.If you want a return receipt,write the culled-mail number and your name end address on a _ return rocalptcard,Form 3811,and attach ittothefront of the articlebymeans ofthagummedends H space permit&Otherwise,eftbt to back of article.Endorse from of article RETURN RECEIPT REQUESTED adjacent to tho number. 4.If you want delWery restricted to the addressee,or to an authorized agent of the addressee. andante RESTRICTED DELIVERY on the front of the article. 8.Enter fees for the services requested in the appropriate spaces on the from of this receipt H return receipt Is requested,check the applicable blocks In Item 1 of Form 3811. S.Save this receipt and present it H you make Inquiry. _ a UCT L ^�r ,� �,,. . . �rx �vt ;. � , .: �� 1��. r' ' i•���ra "� ��� .��v. s>� �� �T .J4�T,� . ;,x,� ,.,�' CITY QF BOARD OF HFALTHARTMENTCIpYQ S4tr S. Salem, Massachusetts01970 ROBERT E BLENKHORN - - 9 NORTH STREET HEALTH AGENT October 22, 1985 (617) 741-1800 - Nicholas Marotta 9a1am-Ma n147n _ Dear Sirakmcftw In accordance with Chapter 111, Sections 127A and 127B, of the Massachusetts General Laws, 105 CMR 400.000: State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of_Fitness=for Human Habitation, an inspection was made of your property at% 1 Butler ST. �'� Salem, Massachusetts, occupied by Mrs. Sawyers This inspection was conducted by V. Moustakis Salem Health Department, on 10-22-85 at 9:30 a.m. Based upon said re-inspection, it was revealed that with the exception of checking stove with Boston Gas and correcting the water temperature for tenant, all other violations still exist since 8/29/85. You are hereby ordered to take the following action within , 10 days of receipt of this order, pending legal action to be taken at that time because of. the long-standing violations- Secure lavatory base to floor (bathroom) Check why kitchen sink when being used backups in bathtub Secure light fixture in living room Repair all windows to have both sash cords, two storm panels each, be:weathertight and be made to open and close easily Provide a second means. of egress for this tenant y r Page 1 J(N SALEMHEALTH DEPARTMENT Page 2 of 2 North Street Tenant(s) 'Mrs. Sawyer Salem, MA 01970 'Property in Salem at `.l-;butler St, To: Nicholas Marotta ONE OR MORE OF THE ABOVE VIOLATIONS MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH, SAFETY AND WELL-BEING OF THE OCCUPANTS. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. Should you be,. aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within seven (7) days of receipt of this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and,.obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be .advised that the conditions noted may enable the occupant(s) to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. FOR THE BOARD OF HEALTH ROBERT E. BLENKHORN, C.H.O. Ilealth Agent Certified Mail R P 643 875 285 enc. Insoi Report cc: Tenant Bldg. Inspector _ Electrical Inspector Plumbing E Gas Inspector lire Dept. _ City Councillor Tate. es un doam,ento legal. i.mportante• Puede que afecte sus derechos. .� EON F ypd ME IX An 3U 11 CITY OF SALEM HEALTH DEPARTMENT RMIYE0 BOARD OF HEALTH CITY OF WAM'?1`1 $' Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT August 30, 1985 (617) 741-1800 Nicholas Marotta Butler St. a em, Ma U197U Dear Sir/Raz=)&jA= In accordance with Chapter 111, Sections 127A and 127B, of the Massachusetts General Laws, 105 CMR 400.000: State Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for-Human-Habitation-,-an inspection was made of your property at f 1 Butler St. (31d fl—r)—Salem, Massachusetts, occupied by Margaret This inspection was conducted by V. Moustaki's Salem Health Department, on 8/29/85 at 2-;00 p.m_. Based upon said inspection, you are hereby ordered to take the following action within 24 hours of receipt of this order: Tenant alleges odor of gas from stove - have Boston Gas check the stove Tenant alleges water temperature is lowered from 5:00 p.m. to 6:00 a.m. you must provide adequate hot water Secure lavatory base to floor Based upon said inspection, you are hereby ordered to' take the following action within .5 days of receipt of this order: Repair linoleum near left window in kitchen and repair crack near bathroom Provide two knobs for stove and secure the other two Investigate and correct situation that causes water backup in bathroom when dishes are being washed Secure light fixture in living room Electrical outlet should be provided for inner room between living room and kitchen �There must be- two means of egress from apart ent_CONTACT BUILDING NSPECTOR IMMEDIATELY Page 1 - SALEM HEALTH DEPARTMENT Page 2 of 2 d 9 North Street Tenant(s) ,Nar8 Sawyer aret Sa er Salem, MA 01970 «;x . Prop1erty in Salem at Butler St. 3rd floor To: Nicholas Marotta Butler St. Salem: Ma Back porch must have ballusters placed at intervals that a six inch sphere cannot pass through Based on said inspection, you are hereby ordered to take the following action within 30 days of receipt of order: A Prove storm and make weathertight kitchen window on left B Provide storm and screen for window in bedroom #1 C Provide screen and make fit properly and make weathertight windows in bedroom #2 D Provide storm window and secure and repair frame in living room E Provide storm and screen And make weathertight window in inner room and correct to fit properly F .Provide storm, 'replace sashcords and provide operable lock for window in back hallway �1±� 1f- ONE OR MORE OF THE ABOVE VIOLATIONS MAY ENDANGER OR MATERIALLY IMPAIR THE HEALTH, SAFETY AND WELL-BEING OF THE OCCUPANTS. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within seven (7) days of receipt of this Order. At said hearing, you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board, and that any adverse party has the right to be present at the hearing. Please be advised that the conditions noted may enable the occupant(s) to use one or more of the statutory remedies available to them as outlined in the enclosed inspection report form. FOR THE BOARD OF HEALTH ROBERT E. BLENKHORN, 'C.H.O. Health Agent Certified Mail # P 643 875 176 enc. Inspection Report r�}S ��C7�� cc Tenant 1C Bldg. Inspector _ Electrical Inspector (g !x Fire Dept. _ City Councillor Este es un documento legal importante• Puede que afecte sus derechos. of $Ulem, nswr4us-o is JUuhiir Vroyertg Pepartment �sw������� �nIiU�TT$ �P�tZIZtT:tP2t� Robert E. Gauthier One Salem Green 745-D213 December 3, 1980 TO: Mr. Edward M. Roberts and/or Mr. Thorvald Lauritsen 21 Topsfield Road Ipswich, MA 01938 RE: 1 Butler Street, Salem, MA Investigation of a complaint at 1 Butler Street at 5:30 P.M. on December 2, 1980, by Officer Roger Morin of the Salem Police Department, that your tenant had no'means of entry to his apartment, revealed:- 1.) That your contractor was in violation of Section 1, Chapter 7 Building Code- "Sec. 7-5. Builders Licenses. - Any individual engaged in the business of construction, reconstruction, alteration, repair, removal, and demolition of any structure or building, including the roofing and siding of same, the erection of signs or the installation of in-ground or above ground pools, within the city shall be licensed to perform such work by the City of Salem except as set forth herein." i 2.) He is also in violation of the State Building Code 874.2.1:- "Wood in contact with the ground: All wood in contact with the ground and supporting permanent structures shall be approved treated wood." Visual inspection seems to show that the dwelling units do not conform to the State Building Code Section 2101.10 - Egress "Means of egress- In one and two family dwellings, each dwelling unit shall have two (2) independent means of egress, remote as possible from each other and leading to grade; in addition, every floor within a dwelling unit shall have at least one (1) means of egress which shall provide a continuous and unobstructed path leading to grade." Would you contact this office within seven 7 days in order that items 1 and 2 can be resolved and an appointment can be made for inspection of this property at l Butler Street. Very truly yours, Robert E. Gauthier Building Inspector REG:tc I I /� 61A, Q V1 U CITY OF SALEM IIEALTII DEPARTMENT T 130ARD OF HEAL rill NOY�� 9 Dr. Israel Kaplan Public Health Center � .i' A n Off Jefferson �veriue Cl Y R SC �,R� a SSU© 'Salem, Massachusetts 01970 OF 4 F PHILIP H.SAIN DON i ROBERT E. BLENKHORN JOSEPH R. RICHARD HEAI..TH AGENT M�UIPMli0.�gAH1F���. . . _ MILDRED C.MOULTON. R.N. AUGUST 6, '1,98o 10171 7459000 EFFIE MACDONALD _ ROBERT C. BONIN Frederick M. Piecewicz, M.D. Patrick Scnnlan Mr. Edward M. Roberts and/or Mr. '1'horvald ;(I. Lu,u•iLocu 21 Topsfield Road Ipswich, Ma. 01938 1 Butler St. John •Bayes and Andrea Keynes I ,,, August 6 , 1930 . Rear porch floor is. deteriorated, needs -r _ I• _ - ,' r 2. Rear doors regular and screens need repairs..- 3. epairs.3. Yard i's an -unacceptable condition, scattered rubbtsh„and mo trash receptacles. L. BathroomCheck-out shower noa'ael in tub area needed. 5. Ant infestation in the dwelling. 6. Living Room -ceilift 'needs repairs due to; saggi-ng. state fro;nvrain. Also peeling wallpape // s 00 a CITY OF SALEM HEALTH DEPARTMENT Page 2 of 2 Pages p y. DR. ISRAEL KAPLAN PUBLIC HEALTH CENTER Date August' 6, 1980 OFF JEFFERSON AVENUE SALEM, MA 01070 tl a o y o. Mr.,Edward M. 'Roberts and/or Mr. Thorvald G. Re: John Hayes and Andrea Reynes ' 21 Topsfield Rd. _ Lauritsen 1' Butler St. Ipswich„ Ma. 01938- Salem; Ma. 01 7 You are hereby ORDERED to make a good faith effort to correct these violations; said correction of these violations shall be commenced qFVFN (7) nAYG after receipt of this letter and shall be completed no later tharMgTY ( 10 Also, please notify the Health Department immediately by letter of your intention to make these repairs . You are hereby advised of your right to a.i[earing before the Board of Health by filing a written petition within 7 days. Procedures for filing of said petition are enclosed. You are also hereby advised that the conditions which exist may permit the occupant(s) to exercise one or more statutory remedies which can include rent withholding. You are further advised that failure on your part to comply within the specified time can result in a complaint in the Salem District Court. THE BOARD OF HEALTH REPLY TO: K/' e L ea�/''�`�. ROBERT E. BLENKHORN WALTER SZCZERBINSKI, R.S. Health Agent Senior Sanitarian WSm Certified Mail # P05 03£3322 Encls: (1) Procedure for filing Petition (2) Three-Page Inspection Report cc: Building Inspector, One Salem Green Electrical Inspector, 44 Lafayette St. Fire Prevention, 48 Lafayette St. Plumbing Inspector, One Salem Green Gas Inspector, One Salem Green X Tenant(s) Ward Councillor Attorney � fy X/ 99 7 17 "{ n G� `�coMoirt(o F •:, ,(9ttv of �uhlic jJroperfU pepartmeut sqc� oc� r ��` 11I��Iltq �e�.1ZCrtllTeTtt Robert E. .Gauthier (�)uc Sialrm (�5rrrn August 1, 1980 Councillor Frances S. Grace c/o City Clerk's Office City Hall Salem, MA 01970 RE: 1 A Butler Street Map 15, Lot 562 . Dear Councillor Grace: Please be advised that the above caption parcel of land containing approximately 1,000 sq. feet, and owned by the City of Salem is of no value to the City. It is being used as a:;dumping ground and I do not have the manpower to keep cleaning it out. I therefore support designating the land in question as surplus, and recommend it be sold. Very truly yours, Robert E. Gauthier Supt, of Public Property REG:C cc: Mayor Levesque City Solicitor Tinti 0 [/[/�`rte ��..// /� 1 l � 4y /✓+� Cftp of *alem, AaMwbuato ` Public Propertp Mcpartment Wtulbing 3hpartment One 9palem oreen (976) 745-9595 ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer � ] PY 1 W1 September 21, 2000 I Leo &Taw Nya Jalbert 197 Jefferson Avenue Salem,Ma. 01970 RE: 1 Butler Street Dear Sir or Madam: Due to a tenant complaint, I conducted an inspection of your property located at 1 Butler Street. I was informed of an illegal apartment in your attic. Please be advised to have any person or persons evicted from this unit at once. It's not only a Salem Zoning violation, but also a building code violation and fire hazard. Failure to comply with these orders will result in legal action being taken against you in Salem District Court. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Frank DiPaolo Local Building Inspector cc: Joe Walsh Mark Toleman Councillor O'Leary