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0004 CABOT STREET - BUILDING JACKET (4-6) 4_ r H W F E O W I O. � c�yof Ila�l� er / `7 Wa Gv'°e� Ocidw Citp of �&afem, '41ag!5arbUgettg Publir Propertp Department a �3uilbing Mepartment One fialem green (978) 745.9595 Ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer July 24, 1999 John Kieran 6 Chrestwood Lane Peabody, Ma. 01960 REA-6 Cabot Street Dear Mr. Kieran: Please contact our office immediately upon receipt of this letter, to inform us as to your schedule to complete all work at 4-6 Cabot Street. Following our meeting in June of 1999 at One Salem Green, I requested you to forward a written schedule of all work needed to be finished with estimated completion dates. As ofthis date, we have not received any schedule or phone calls from you. Failure on your part to continue to refuse to comply with the requirements of this letter and my previous order dated June 16, 1999 will result in legal action being taken against you in Salem District Court within thirty (30) days. Thank you in advance for your anticipated cooperation in this matter. Sincerely, 3/�- - � Kevin G. Goggin Assistant Building Inspector cc: Councillor Kelley Fire Prevention Health Department John Keenan t 3� Cttp of Salem, 'R1a!6!6arbU!5ett5 3public 3propertp Mrpartment jBuiibing Mepartment One batem Oreen (978) 745.9595 ext. 3S0 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer June 16, 1999 John Kieran 6 Chestwood Lane Peabody, Ma. 01960 RE: 4-6 Cabot Street Dear Mr. Kieran: Due to a complaint received by the Neighborhood Improvement Task Force, I conducted an inspection of your property located at 4-6 Cabot Street and found the following violations; 1. 780 CMR 103.1 Maintenance - Your property located at 4-6 Cabot Street is not being maintained in a safe, operable and sanitary condition. 2. 780 CMR 120.2 - A Certificate of Occupancy has not been issued certifying that the work has been completed with the previsions of the approved permits and applicable codes. You are hereby ordered to complete all work immediately, cease and desist occupying any of the vacant apartments, and schedule an inspection of the property within five (5) days upon receipt of this letter. Please contact me at the Building Inspectors office upon receipt of this letter. Failure to comply with the requirements of this order 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, Kevin G. Goggin Assistant Building Inspector Cc: Councillor Kelly Fire Prevention Health Department APPLICATION C�, ADULT NUMBER I Trial Court of Massachusetts FOR COMPLAINT 11 JUVENILE N' j q, -ilo District Court Department ❑ ARREST HEARING ❑ summiltNq ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Salem f?!strict Court named defendant, charging said defendant with the offense(s) listed below. _ DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE 6a Washington Street c C / C-1 Salem, MA.01870 NAME OF COMPLAINANT /^ NO. OFFENSE G.L. Ch. and Sec ADDRESS AN ZIP CODE OF COMPLAINANT V/ t (✓ fiF/" — c -� e--1,:r �c fn .� r•. a_.`AL. __-.. .. ._.. 2 NAME,ADDRESS AND ZIP CODE OF DEFEN06HI r 3. =f !✓_ 'f� tom/ r1�ip�cr ftLu 4. C A hearing upon this complaint applicatio c DA EOF HEARIN TIME OF HEARING E ONLY win I e e ess on - �d I ' ' AT Y CASE PARTICULARS — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROhRTY TYPE OF coqt36LLED NO. Owner of property, Goods stolen,what Over or under - SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. t 2 3 4 OTHER REMARKS: < lid f��,� ✓Pn„ �`� �Ou� � �J✓Pv�0�)5 /y . �liuL,�l�l £J�' �7•���- (iUDf/� :5��'�� kGN�ATYEOF x�� COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIALSECURITY NUMBER I SE RACE . HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYER/SCHOOL MOTH ER'S NAME(MAI(MAIDEN) FATHER'S NAME h O 3 r n z a z N C) O DG-CR2(3188) Citp of iaYem, jffia.5!5arbu!5ett!6 x w r Public Propertp Department �3uilbing Department (One 9palem Oreen (978) 7459595 (Ext. 380 Peter Strout Director of Public Property Inspector of Buildings Zoning Enforcement Officer June 16, 1999 John Kieran 6 Chestwood Lane Peabody, Ma. 01960 RF.: 4-6 Cabot Street Dear Mr. Kieran: Due to a complaint received by the Neighborhood Improvement Task Force, I conducted an inspection of your propertylocated at 4-6 Cabot Street and found the following violations; 1. 780 CMR 103.1 Maintenance - Your property located at 4-6 Cabot Street is not being maintained in a safe, operable and sanitary condition. 2. 780 CMR 120.2 - A Certificate of Occupancy has not been issued certifying that the viork has been completed with the previsions of the approved permits and applicable codes. You are hereby ordered to complete all work immediately, cease and desist occupying a--.IV of the vacant apartments, and schedule an inspection of the property within five (5) days upon receipt of this letter. Please contact me at the Building Inspectors office upon receipt of this letter. Failure to comply with the requirements of this order 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, Kevin G. Goggin Assistant Building Inspector Cc: Councillor Kelly Fire Prevention Health Department CITY OF SALEM - MASSACHUSETTS WILLIAM J. LUNDREGAN Legal Department JOHN D. KEENAN City Solicitor 93 Washington Street Assistant City Solicitor 81 Washington Street Salem, Massachusetts 01970 15 Church Street Tel:978-741-3888 -;Tel:978-744-8500 Fax:978-741-8110August 17, 1998 Fax:978-744-0111 John Kieran 6 Crestwood Lane Peabody, MA 01960 RE: 4-6 Cabot Street Next Date: August 25, 1998 Dear Mr. Kieran: As you know, we're due back in court next Tuesday (August 25th) for a PreTrial Conference. It was our understanding that all of the work would be completed by that time. Although you have made progress, I have been informed that there is still a significant amount of work to be completed — especially on front side. We will have the building inspected prior to the next date. The only way I will recommend dismissal at this time is if the work is completed. Do not hesitate to contact either me or the building inspector with any questions. Very best regards, J N D. EENAN, ESQ. J kjm E Cc. Kevin Goggin, Building Inspector William Kelley, Ward Five Councilor CITY OF SALEM - MASSACHUSETTS WILLIAM J. LUNDREGAN Legal Department JOHN D. KEENAN City Solicitor 93 Washington Street Assistant City Solicitor 81 Washington Street SalemMassachusetts 01970 15 Church street , Tel:978-741-3888 Tel:978-744-8500 Fax:978-741-8110 Fax:978-744-0111 September 24, 1998 William Kelley Ward Five Councilor 10 Loring Avenue Salem, Massachusetts 01970 RE: 4-6 Cabot Street Dear Bill: Trial — October 29, 1998. I do finally expect work to be done by that time. I will keep you posted. Veryb t regards, Jo . Keenan, Ass s nt City Solicitor LEE— Kevin,Git oggtn, Bldg. Insp., � Sc; J `- AJC: & Citp of Salem, Aa2;!6arbU5ett5 t r Public 3propertp Mepartment J% uilDing Mepartment One*alem &reen (976) 745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer March 18 , 1998 John Kieran 6 Crestwood Lane Peabody, Mass . 01960 RE : 4-6 Cabot Street Notice of Building Code Violations Dear Mr . Kieran: The above captioned property has been the subject of neighborhood complaints for several years . Although there has been some progress , the pace is unacceptable . On March 27 , 1996, you were issued a Building Permit ( #105-96-copy attached) , to "Rebuild chimneys , install siding and replace windows and porches at 4-6 Cabot Street . " Now, two years later , the work is still not complete . Today , I re-inspected 4-6 Cabot Street . I observed the following violations of the Massachusetts State Building Code : ( I also photographed the conditions ) . 780 CMR Chapter #1 , Sections 103 . 1- 102 . 5- 102 . 5 . 5- 103 . 2 780 CMR Chapter #14 , Sections 1403 . 1-14-3 . 2-14-3 . 3- 1403 . 5 Failing to meet the above violations and corrections , you will be in violation of Chapter lfl , Section 118 . 3- 118 . 4 . I have enclosed copies of the State Building Codes cited above. Over the past several years , I have sent many letters regarding this property. Most have gone without appropriate response . To date , you have failed to address the complaints on this property. Your failure to respond to this letter will result in legal action being commenced, again, in the Salem District Court . Violations Page two of two Certified Mail # P 921 991 922 March 18 , 1998 John Kieran RE : 4-6 Cabot Street of the State Building Code are punishable by a fine of not more than $1 , 000 or by imprisonment for not more than one year, or both for each such violation. Each day during which a violation exists shall constitute a separate offense . I will diary this matter ahead for thirty (30 ) days . If I am not contacted by that time or these violations are not corrected, I will file for a criminal complaint . Thank you for your attention to this matter . I look forward to finally bringing this matter to some sort of resolution. If you have any questions , you can reach me at 745-9595 . Sincerely, Leo E . Tremblay Inspector of Buildings LET: scm Enc . cc : John Keenan , Assistant City Solicitor William Kelley, Ward Five Councilor Jane Guy, Planning Department-Neighborhood Task Force U 1 CHAPTER 14 EXTERIOR WALL COVERINGS 780 CMR 1401.0 GENERAL 1403.4 Structural:Exterior walls shall be designed 1401.1 Scope: The provisions of 780 CMR 14 shall and constructed to resist safcly all superimposed establish the minimum requirements for exterior loads as required by 780 CMR 16. walls. Exterior walls shall be designed and 1403.4.1 Structural strength against wind constructed in accordance with 780 CMR forces:In all buildings required to resist the wind pressures described in 780 CbfR 1611.0,glazing 780 CMR 1402.0 DEFINITIONS in exterior window openings shall be designed to 1402.1 General: The following words and terms resist the wind loads specified in 780 CMR shall, for the purposes of 780 CMR N and as used 1611.0 for components and cladding. elsewhere in 780 CMR, have the meanings shown 1403.41 Structural strength of sash or frames: herein. Mullions, sash and frames of glazed exterior Fiderior wal! nish: A material or assembly of window-openings shall be designed to resist the_,_ fr y wind loads specified in 780 CMR 1611.0 for materials applied on the exterior side of exterior components and cladding. walls for the purpose of providing a Weather- resisting barrier, insulation or for aesthetics, 1403.5 Fireresistance: All exterior walls shall including veneers, siding, exterior insulation and comply with the fireresistance rating requirements of finish systems, architectural trim and 780 CMR 705.0. embellishments such as cornices, soffits, facias, gutters and leaden. 14035.1 Fireresistaoce rated openings: Openings in exterior walls, where required to Wan have a fire protection rating, shall comply with Apron wall: That portion of a skeleton wall the provisions of 780 CMR 7. below the sill of a window. Skeleton or panel wall: A nonbearing wall 1403.6 Flood-resistant construction:Exterior walls supported by each story on a skeleton fiame. of structures that are erected in areas prone to Spandrel wall: That portion of a skeleton wall flooding shall comply with the provisions of above the head of a window or door. 780 CMR 3107.0. Veneered wall: A wall having a facing of masonry or other weather-resistant 1403.7 Ratproofmg:Exterior walls of buildings that noncombustible material that is securely we required to be ratproofcd shall comply with the attached to the backing but not so bonded as to provisions of 780 CMR 1215.0. exert common action under load. i ri 780 CMR 1404.0 MATFrtrei S 780 CMR 14013.0 PERFORMANCE 1404.1 Wood:Exterior walls of wood construction REQUIREMENIS shall be designed and constructed in accordance with 1403.1 General:The provisions of 780 CMR 1403.0 780 CMR 23. shall apply to exterior walls and components thereof. - { 14041 Masonry: Exterior wags of masonry 1403.2 Durability: All exterior walls and construction shall be designed and constructed in components thereof shall be of approved materials accordance with 780 CMR 21. which maintain the performance characteristics required herein for the duration of use. 1404.3 Metal: Exterior walls of formed steel construction structural steel or lightweight metal 1403.3 Weather resistance:The exterior walls shall alloys shall be assigned in accordance with be faced with an approved weather-resistant 780 CMR 22 and 780 CMR 20,respectively. covering that is properly attached to resist wind and rain. The cellular spaces shall be so ventilated as not 1404.4 Concrete: Exterior walls of concrete to vitiate the frrestopping at floor, attic and roof construction shall be designed and constructed in levels,or shall be provided with an approved interior accordance with 780 CMR 19. noncorrodible vapor retarder, or other approved means to avoid condensation and leakage of 1404.5 Structural glass: Exterior walls of structural moisture. - glass block shall be designed and constructed in accordance with 780 CMR 2I 15.0. 2/7/97 (Effective 2128/97) 780 CMR-Sixth Edition 243 780 CMR: STATE BOARD OF BUII,DING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 102.3 Zoning Bylaw Restrictions: When the structures and provided further that the siting and provisions herein specified for structural strength, fire separation distance comply with the adequate egress facilities, sanitary conditions, requirements for new structures. equipment, light and ventilation, energy 780 CMR 103.0 MAINTENANCE conservation or fire safety conflict with the local 103.1 General: All buildings and structures and all zoning bylaws or ordinances, 780 CMR shall control parts thereof,both existing and new,and all systems the construction or al.eration of buildings and and equipment therein which are regulated by structures unless such bylaws or ordinances are 780 CMR shall be maintained in a safe, operable and promulgated in accordance with the provisions of Mary condition. All service equipment,means of M.G.L. c. 143, §98. egress,devices and safeguards which are required by 780 CMR in a building or structure,or which were 102.4 General bylaw restrictions: When the required by a previous statute in a building or provisions herein specified for structural strength, structure,when erected,altered or repaired,shall be ' adequate egress facilities, sanitary conditions, maintained in good working order. equipment, light and ventilation, energy conservation or fire safety conflict with the local 103.2 Owner responsibility: The owner, as general bylaws or ordinances, 780 CMR shall defined in 780 CMR 2, shall be responsible for control the construction or alteration of buildings compliance with provisions of 780 CMR 103.0. and structures unless such bylaws or ordinances are promulgated in accordance with the provisions 780 CMR 100.0 VALIDITY MG.L. c. 143, §98. 104.1 General: The provisions,of 780 CMR are 102.5 Applicability to Existing Buildings severable, and if any of its provisions shall be held unconstitutional or otherwise invalid by anycourt of 102.5.1 General: Existing buildings and competent jurisdiction, the decision of such court structures shall comply with the provisions of shall not affect or impair any of the remaining 780 CMR 102.5 and all other applicable provisions. provisions of 780 CMR 102.5.2 Unless specifically provided otherwise in 780 CMR 1050 OFFICE OF THE 780 CMR,any existing building or structure shall INSPECTOR OF BUILDINGS OR meet and shall be presumed to meet the provisions BUILDING COYallSSIONER of the applicable laws, codes, rules or regulations, 105.1 Appointment: The chief administrative bylaws or ordinances in effect at the time such officer of each city or town shall employ and building or structure was constructed or altered designate an inspector of buildings or building and shall be allowed to continue to be occupied commissioner(hereinafter inspector of buildings)as pursuant to its use and occupancy, provided that well as such other local inspectors as are reasonably the building or structure shall be maintained in necessary to assist the inspector of buildings to accordance with 780 CMR 103.0. administer and enforce 780 CMR and of M.G.L. 102.53 In cases which applicable codes,rules or c. 22• § 13 A and the rules and regulations made regulations, bylaws or ordinances were not in use under the authority thereof. The inspector of at the time of such construction or alteration,the buildings shall report directly to and be solely provisions of 780 CMR 103.0 shall apply. responsible to the appointing authority. 102.5.4 In cases where the provisions of 105.2 Alternate: The inspector of buildings is 780 CMR are less stringent than the applicable authorized to designate an alternate who shall codes, rules or regulations, bylaws or ordinances exercise all the powers of the inspector of buildings at the time of such construction or substantial during the temporary absence, disability or conflict alteration, the applicable provisions of 780 CMR of interest of the inspector of buildings. Said shall apply, providing such application of these alternate shall be duly qualified pursuant to provisions does not result in danger to the public, 780 CMR 105.3. as determined by the building official. 102.5.5 £listing buildings or parts or portions 1053 Qualifications or the Inspector of Buildings: thereof which are proposed to be erdarged. In accordance with the provisions of M.G.L. c. 143, altered, repaired or changed in use or occupancy § 3, each inspector of buildings shall have had at shall comply with the provisions of 780 CMR 34. least five years of experience in the supervision of building construction or design or in the alternative 102.5.6 Moved Structures: Buildings or a four year undergraduate degree in a field related to structures moved into or within the Jurisdiction building construction or design, or any combination shall comply with the provisions of 730 CMR 34 of education and cxpi rience which would confer provided that any new system shall comply as far equivalent knowledge and ability, as determined by as practicable with the requirements for new the BBRS. In addition each inspector of buildings 14 780 CMR-Sixth Edition 2/7/97 (Effective 7/28/97) 780 CNR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 116.4.2 Fee and costs: All fees and costs related violations until the lapse of 30 days after the to the performance of on-site project issuance of the written notice of violation. representation shall be borne by the owner. 118.5 Abatement of violation: The imposition of 116.5 Building official responsibility: NoNne the penalties herein prescribed shall not preclude the contained in 780 CMR 116.0 shall have the effect of legal officer of the jurisdiction from instituting waiving or limiting the building official's authority appropriate action to prevent unlawful construction to enforce 780 CMR with respect to examination of or to restrain, correct or abate a violation, or to the contract documents, including plans, prevent illegal occupancy of a building,structure or computations and specifications, and field premises or to stop an illegal act, conduct, business inspections(see 780 CNR 106.0). or occupancy of a building or structure on or about any premises. 780 CIMR 117.0 WORKMANSHIP 117.1 General: All work shall be conducted, 118.6 Notice or orders, service and content: installed and completed in a workmanlike and Every notice or order authorized by 780 CMR shall acceptable manner so as to secure the results be in writing and shall be served on the person intended by 780 CMR responsible: 1. personally, by any person authorized by the bui780 CMR 11&0 VIOLATIONS 2. lding official;or 2. by any person authorized to serve civil 118.1 Unlawful acts: It shall be unlawful for any process by leaving a copy of the order or notice at person firm or corporation to use, occupy or change the responsible parry's last and usual place of the use or occupancy of any building or structure or abode;or to erect, construct, alter, extend, repair, remove, 3 by seriding the party responsibile a copy of the demolish any building or structure or any equipment order by registered or certified mail return receipt regulated by 780 CMR, or cause same to be done,in requested, if he is within the Commonwealth;or conflict with or in violation of any of the provisions 4, if the responsibile party's last and usual place of 780 CNa of abode is unknown, by posting a copy of this order or notice in a conspicuous place on or about 118.2 Notice of violation: The building official shall the premises in violation and by publishing it for serve a notice of violation or order on the person at least three out of five consecutive days in one responsible for the erection construction, alteration or more newspapers of general circulation extension repair.removal, demolition or occupancy wherein the building or premises affected is of a building or structure in violation of the situated. provisions of 780 CMR or in violation of a detail statement or a plan approved thereunder, or in 790 CMR 119.0 STOP WORK ORDER violation of a permit or certificate issued under the provisions of 780 CSL. Such order shall be in 119.1 Notice to owner: Upon notice from the or writing and shall direct the discontinuance of the building official that work eany building illegal action or condition and the abatement of the structure is being prosecuted d contrary to the violation. provisions of 7S0 CMR or in an unsafe and dangerous manner or contrary to the approved 118.3 Prosecution of violation: If the notice of construction documents submitted in support of the violation is not complied with in the time period building permit application such work shall be specified in said notice of violation, the building immediately stopped. The stop work order shall be official may institute the appropriate proceedings at in writing and shall be given to the owner of the law or in equity to restrain correct or abate such property involved,or to the owner's agent, or to the violation or to require the removal or terntination of pion doing the work,and shall state the conditions the unlawful occupancy of the building or structure under which work will be pemtitted to resume. in violation of the provisions of 780 CMA or of the 119.2 Unlawful continuance: Any person who shall order or direction made pursuant thereto. continue any work in or about the building or _ 118.4 Violation penalties: Whoever violates any structure after having been served with a stop work provision of 780 CMR,except any specialized code order,except such work as that person is directed to referenced herein shall be punishable by a fine of perform to remove a violation or unsafe condition, not more than 51,000 or by imprisonment for not shall be liable to a fine of not more than 51,000 or more than one year, or both for each such violation. by imprisonment for not more than one year,or both for each such violation. Each day during which a Each day during which a violation exists shall constitute a separate offense. The building official violation exiss shall constitute a separate offense. shall not begin criminal prosecution for such /Ac l� z . � ' ARTICLE -- P 921 991 922 UNE I- John Kieran NUMBER 6 Crestwood Lane Peabody; Mass. 01960 t FOLD AT PERFORATION t Fri WALZ INSERT IN STANDARD#10 WINDOW ENVELOPE. E E a T I F I E D M A I I E A RDSTAGE POSTMARK OR DATE R RETURNSHOW TO WHOM.DATE AND RESTRICTED / a RECEIPT ADDRESS OF DELIVERY DELIVERY SERVICE cErinrTED FEE+RETURN RECEIPT W W r<) TOTAL POSTAGE AND FEES Y Z W INSURANCE _ W¢ Er SENT TO: ' NO NOT FOR NTERNOMP�ATIONSIRE,AL MAIL LLOD Q �Z Z7 John neran FZ s 6 Crestwood Lane ,`W Peabody, Mass. 01960 u �z N � V¢ a 5i o.F PS FORM 3800 z RECEIPT FOR CERTIFIED MAIL ;g, . a '. �: Y rtFYSlFlE6 {{ - -_PoSIILL.E.M E it iAI i STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address 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 to the right of the return address of the article,date,detach and retain the receipt,and mail 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 front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. S. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is requested,check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. l - Cnit of 14�ttlem, massarklusetts 1 �'a public Propertg Department Nuilbing 19cpartment (One 8alrm Green 508-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer October 29 , 1997 John Kiernan 6 Crestwood Lane Peabody, Mass . 01960 RE : 4-6 Cabot Street Dear Mr . Kiernan: This office has continually inspected the above mentioned property on a periodic bases and have found lack of ongoing work. You have made promises to the Court Magistrate that work would proceed by September 1 , 1997 and have not done so . You have also promised this department several times that work would commence and be completed in a timely matter , but failed to deliver . If work does not commence within the next five ( 5 ) days you will be in violation of Chapter 1 , Section 103 . 1-102 . 5 . 1-102 . 5 . 5-103 . 2- Chapter 14 , 1403 . 1-1403 . 2--1403 . 3-1403 . 5 . Failing to meet the above violations and corrections , you will be in violation of Chapter 1 , 118 . 1 and I will seek prosecution of violations per Chapter 1 , Section 118 . 3 - 118 . 4 . Please notify this department within five ( 5 ) days upon receipt of this letter, to inform us as to what course of of action you will take to rectify these violations . Failure to do so will result in legal action being taken against you . Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay Inspector of Bui Ings cc: Jane Guy John Keenan Councillor Kelley, Ward 5 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 116.4.2 Fee and costs: All fees and costs related violations until the lapse of 30 days after the to the performance of on-site project issuance of thewrittennotice of violation. representation shall be borne by the owner. 118.5 Abatement of violation: The imposition of 116.5 Building official responsibility: Nothing the penalties herein prescribed shall not preclude the contained in 780 CMR 116.0 shall have the effect of legal officer of the jurisdiction from instituting waiving or limiting the building official's authority appropriate action to prevent unlawful construction to enforce 780 CMR with respect to examination of or to restrain, correct or abate a violation, or to the contract documents, including plans, prevent illegal occupancy of a building,structure or computations and specifications, and field premises or to stop an illegal act, conduct,business inspections(see 780 CMR 106.0). or occupancy of a building or structure on or about any premises. 780 COIR 117.0 WORKMANSHIP 117.1 General: All work shall be conducted, 118.6 Notice or orders, service and content: installed and completed in a workmanlike and Every notice or order authorized by 780 CNIR shall acceptable manner so as to secure the results be in writing and shall be served on the person responsible: intended by 780 CMR 1.1. personally, by any person authorized by the 780 CNN 11&0 VIOLATIONS building official;or 2. by any person authorized to serve civil 118.1 Unlawful acts: It shall be unlawful for any process by leaving a copy of the order or notice at person,firm or corporation to use,occupy or change the responsible party's last and usual place of the use or oreuprvrcy of any building or structure or abode;or to erect, construct, alter, extend, repair, remove, g by sending the parry responsibile a copy of the demolish any building or structure or any equipment order by registered or certified mail return receipt regulated by 780 CMR or rause same to be done,in requested, if he is within the Commonwealth; or conflict with or in violation of any of the provisions 4, if the responsibile party's last and usual place of 780 CMR of abode is unknown, by posting a copy of this order or notice in a conspicuous place on or about 118.2 Notice of violation: The building official shall the premises in violation and by publishing it for serve a notice of violation or order on the person at least three out of five consecutive days in one responsible for the erection, construction, alteration, or more newspapers of general circulation extension, repair, removal, demolition or occupmcy wherein the building or premises affected is of a building or structure in violation of the situated. provisions of 780 CMR or in violation of a detail statement or a plan approved thereunder, or in 790 CMR 119.0 STOP WORK ORDER violation of a permit or certificate issued under the 119.1 Notice to owner: Upon notice from the provisions of 780 CMR Such order shall be in or writing and shall direct the discontinuance of the building official that work any building illegal action or condition and the abatement of the structure is being prosecuteedd contrary the violation. provisions of 780 CMR or N an unsaffee and dangerous manner or contrary to the approved 118.3 Prosecution of violation: If the notice of construction documents submitted in support of the violation is not complied with in the time period building permit application, such work shall be specified in said notice of violation, the building immediately stopped. The stop work order shall be official may institute the appropriate proceedings at in writing and shall be given to the owner of the law or in equity to restrain, correct or abate such property involved,or to the owners agent, or to the violation or to require the removal or termination of pion doing the work;and shall state the conditions the unlawful occupancy of the building or structure under which work will be permitted to resume. in violation of the provisions of 780 CMR or of the 1192 Unlawful continuance: Any person who shall order or direction made pursuant thereto. continue any work in or about the building or 118.4 Violation penalties: Whoever violates any structure after having been served with a stop work provision of 780 CMR except any specialized code order,except such work as that person is directed to referenced herein, shall be punishable by a fine of perform to remove a violation or unsafe condition, not more than $1,000 or by imprisonment for not shall be liable to a fine of not more than 51,000 or more than one year,or both for each such violation. by imprisonment for not more than one year, or both Each day during which a violation exists shall for each such violation. Each day during which a constitute a separate offense. The building official violation exists shall constitute a separate offense. shall not begin criminal prosecution for such -'" _, ... ,.__,. v .•.__ �.�,n� rem_..:....�nwo-n CHAPTER 14 EXTERIOR WALL COVERINGS 780 CMR 1401.0 GENERAL 1403.4 Structural:Exterior walls shall be designed 1401.1 Scope:The provisions of 780 CMR 14 shall and constructed to resist safely all superimposed establish the minimum requirements for exterior loads as required by 780 CMR 16. walls. Exterior walls shall be designed and 1403.4.1 Structural strength against wind constructed in accordance with 780 CMR. forces:In all buildings required to resist the wind pressures deuribed in 780 CbSR 1611.0,glazing 780 CMR 1407.0 DEFINITIONS in exterior window openings shall be designed to 1402.1 General: The following words and terms resist the wind loads specified in 780 CMA shall, for the purposes of 780 CMR 14 and as used 1611.0 for components and cladding. elsewhere in 780 CMR, have the meanings shown 1403.42 Structural strength of sash or frames: herein. Mullions, sash and frames of glazed exterior window openings shall be designed to resist the EuQior wall finish: A material or assembly of wind loads specified in 780 CMR 1611.0 for materials applied on the exterior side of exterior components and cladding. walls for the purpose of providing a weather- - resisting barrier, insulation or for aesthetics, 1403.5 Fireresistanee: All exterior walls shall including veneers, siding, exterior insulation and comply with the ftreresistance rating requirements of finish systems, architectural trim and 780 CMR 705.0. embellishments such as cornices, soffits, facias, gutters and leaden. 14035.1 Fireresistance rated openings: Openings in exterior waft, where required to Wall have a fire protection rating, shall comply with Apron wall: That portion of a skeleton wail the provisions of 780 CMR 7. below the sill of a window. Skeleton or panel wall: A nonbearing wall 1403.6 Flood-resistant construction:Exterior walls supported by each story on a skeleton frame. of structures that are erected in areas prone to Spandrel wall: That portion of a skeleton wall flooding shall comply with the provisions of above the head of a window or door. 780 CMR 3107.0. Veneered wall: A wall having a facing of ! masonry or other weather-resistant 1403.7 Ratproofing:Exterior walls of bpOdings that noncombustible material that is securely are required to be rarproofcd shall comply with the attached to the backing,but not so bonded as to provisions of 780 CMR 1215.0. :,, ,, exert common action under load. ri 780 CMR 1404.0 MATERIALS 780 CMR 1403.0 PERFORMANCE 1404.1 Wood:Exterior walls of wood construction REQUIREMENTS shall be designed and constricted lit accordance with 1403.1 General:The provisions of 780 CMR 1403.0 780 CMR 23. shall apply to exterior walls and components thereof. 1404.2 Masonry: Exterior walls of masonry 1403.2 Durability: All exterior walls and construction shall be designed and constructed in components thereof shall be of approved materials accordance with 780 CMR 21. which maintain the performance characteristics required herein for the duration of use. 14043 Metal: Exterior walls of formed steel construction structural steel or lightweight metal 14033 Weather resistance:The exterior walls shall Toys shall be assigned- in accordance with „ be faced with an approved weather-resistant 780 CMR 22 and 780 CMR 20,respectively. covering that is properly attached to resist wind and rain. The cellular spaces shall be so ventilated as not 1404.4 Concrete: Exterior walls of concrete to vitiate the firestopping at floor, attic and roof construction shall be designed and constructed in levels,or shall be provided with an approved interior accordance with 780 CMR 19. noncorrodible vapor retarder, or other approved - means to avoid condensation and leakage of 1404.5 Structural glass: Exterior walls of structural moisture. glass block shall be designed and constructed in accordance with 780 CMR 2115.0. 2/7197 (Effective 2/28/97) 790 CMR-Sixth Edition 243 t 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 102.3 Toning Bylaw Restrictions: When the structures and provided further that the siting and provisions herein specified for structural strength, fire separation distance comply with the adequate egress facilities, sanitary conditions, requirements for new structures. equipment, light and ventilation, energy 780 CMR 103.0 MAINTENANCE conservation or fire safety conflict with the local 103.1 General: Ali buildings and structures and all zoning bylaws or ordinances,780 CMR shall control p thereof,both existing and new,and all systemsthe construction or al.rralion of buildings and and equipment therein which are regulated by structures unless such bylaws or ordinances are 780 CMR shall be maintained in a safe,operable and promulgated in accordance with the provisions of sanitary condition. All service equipment,means of M.G.L.c. 143, §98. egress,devices and safeguards which are required by 780 CMR in a building or structure, or which were 102.4 General bylaw restrictions: When the required by a previous statute in a building or provisions herein specified for structural strength, Structure,when erected, altered or repaired,shall be adequate egress facilities, sanitary conditions, maintained in good working order. equipment, light and ventilation, energy conservation or fire safety conflict with the local 103.2 Owner responsibility: The owner, as general bylaws or ordinances, 780 CMR shall defined in 780 CMR 2, shall be responsible for control the construction or alteration of buildings compliance with provisions of 780 CMR 103.0. and structures unless such bylaws or ordinances are promulgated in accordance with the provisions 780 CMR 104.0 VALIDITY M.G.L.c. 143, § 98. 104.1 General: The provisions.of 780 CMR are 102.5 Applicability to Existing Buildings severable, and if any of its provisions shall be held unconstitutional or otherwise invalid by any,court of 102.5.1 General: £listing buildings and competent jurisdiction, the decision of such court structures shall comply with the provisions of shall not affect or impair any of the remaining 780 CMR 102.5 and all other applicable provisions. provisions of 780 CMR 102.5.2 Unless specifically provided otherwise in 7110 CMR 105.0 OFFICE OF THE 780 CMR,any existing building or structure shall INSPECTOR OF BUILDINGS OR meet and shall be presumed to meet the provisions BUILDING COMVIISSIONER of the applicable laws, codes,rules or regulations, 105.1 Appointment: The chief administrative bylaws or ordinances in effect at the time such officer of each city or town shall employ and building or structure was constructed or altered designate an inspector of buildings or building and shall be allowed to continue to be occupied commissioner(hereinafter inspector of buildings)as pursuant to its use and occupancy,provided that well as such other local inspectors as are reasonably the building or structure shall be maintained in necessary to assist the inspector of buildings to accordance with 780 CMR 103.0. administer and enforce 780 CMR and of M.G.L. 102.5.3 In cases which applicable codes, rules or c. 22, § 13 A and the rules and regulations made . regulations,bylaws or ordinances were not in use under the authority thereof. The inspector of at the time of such construction or alteration, the buildings shall report directly to and be solely provisions of 780 CMR 103.0 shall apply. responsible to the appointing authority. 102.5.4 In eases where the provisions of 105.2 Alternate: The inspector of buildings is 780 CMR are less stringent than the applicable authorized to designate an alternate who shall codes, rules or regulations, bylaws or ordinances exercise all the powers of the inspector of buildings at the time of such construction or substantial during the temporary absence, disability or conflict alteration, the applicable provisions of 780 CMR of interest of the inspector of buildings. Said shall apply, providing such application of these alternate shall be duly qualified pursuant to provisions does not result in danger to the public, 780 CMA 105.3. as determined by the building official. 102.5.5 Existing buildings or parts or portions 1053 Qualifications of the Inspector of Buildings: thereof which are proposed to be enlarged, In accordance with the provisions of M.G.L. c. 143, altered, repaired or changed in use or occupancy § 3, each inspector of buildings shall have had at shall comply with the provisions of 780 CMR 34. least five years of experience in the supervision of building construction or design or in the alternative 102.5.6 Moved Structures: Buildings or a four year undergraduate degree in a field related to structures moved into or within the iurisdiction building construction or design,or any combination shall comply with the provisions of 780 CMR 34 of education and experience which would confer provided that any new system shall comply as far equivalent knowledge and ability, as determined by as practicable with the requirements for new the BBRS. In addition each inspector of buildings 14 780 CMR-Sixth Edition 2/7/97 (Effective 2128/97) Titg of *alrm, Massar4usetts Public Propertg Department iguilbing Department (One lbalem (rereen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building October 2, 1995 Zoning Enforcement Officer John E. Kieran 6 Crestwood Lane Peabody, Mass. 01960 RE: 4-6 Cabot Street, Salem, Mass. Dear Mr. Kieran: This office has received a complaint concerning the above mentioned property as being illegally used as a five (5) family dwelling. The files in this office indicate this building as being a four (4) family and we have no records of permits having been issued to convert it to a five (5) family dwelling. Please contact this office upon receipt of this letter so we may determine if this property qualifies per State Building Codes and City of Salem Ordinance to be a five (5) family dwelling. Thank you in advance for your anticipated cooperation regarding this matter. Sincerely, Leo E. Trembl Inspector of Buildings LET: scm cc: Councillor Gaudreault, Ward 5 Certified Mail # 921 991 843 I ' ARTICLE P 921 991 843 • LINE 1. John E. Kieran - NUMBER • 6 Crestwood Lane Peabody, Mass. 01960 - - t t FOLD AT PERFORATION t w. WALZ � ' , INSERT IN STANDARD#10 WINDOW ENVELOPE. ( E0. T I F I EUJI M A I L F 0.W w iy • i Ii POSTAGE POSTMARK ORDATE - or RETURN SNOW TO WHOM,DATE AND/ RESITICTEO w RECEIPT ADDRESS OF DEUVERY DEUVERV hT4 0. CERRFIEO FEE+RETURN RECEIPT W y SERVICE TOTAL POSTAGE AND FEES >N NO INSUIVINNUIECOVERAGE PROVIDED- wC S SENT TO: NOT FOR INTERNATIONAL MAIL - E, -0FIR SIDE 0 5. �K . A John E. Kieran ap 6' Crestwood Lane �D Peabody, Mass. 01960 ° rii y� p QW to PS FORM 3800 z T RECEIPT-FOR CERTIFIED MAIL o - a Po STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 1. 11 you want this receipt postmarked,stick the gummed stub to the right of the return address 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. t you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified-mail number and your nacre and address on a return receipt card,Form 3811,and attach g to the front of the article by means of the gummed ends'rf space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return t receipt is requested,Check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. •SENDER: I also wish to receive the Complete items 1 and/or 2 for additional services. • complete items 3,and 4.a b. , following services(for an extra fee): • Print your name and address on the reverse of this form so that we can return this card to you. 1. ❑ Addressee's Address • Attach this form to the front of the mailpiece,or on the back if space does not permit. • write"Return Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivered to and the date of delivery. Consult postmaster for fee. 3.Article Addressed to: 4a.Article Number P 921 991 843 4b.Service Type CERTIFIED - 7.Date of Delivery nature (Addres ee) 8.Addressee's Address I (ONLY if requested and fee paid.) r 2 6.Signature—(Ag nt) I PS Form 3811,November 1990 DOMESTIC RETURN RECEIPT United States Postal Service II I I II Official Business PENALTY FOR PRIVATE USE,$300 1 Illuuulll�lulu��llwul��lu�lul���lullu�ll INSPECTOR OF BUILDINGS ONE SALEM GREEN SALEM MA 01970-3724 C l �I 1i. r APPLICATION Ei ADULT NU B R Trial Court of Massachusetts FO,R COMPLAINT ❑ JUVENILE District Court Department, ❑ ARREST A HEARING ❑ WNIMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issuainst the within named defendant, charging said defendant with the offense(s) listdti below. court DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE as�Stlingt0nftaet 5/1/98 0 071 93 4-6 Cabot Street SalerrilMA 01970 NAME OF COMPLAINANT City of Salem Building Department NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT Massachusetts State Bld, One Salem Green tCode 780 CMR Salem, Mass. 01970 - - - - Chapter 1, Section 103.1 2. 103.2 - 102.5 - 102.5.5 NAME,ADDRESS AND ZIP CODE OF DEFENDANT John Bierman Chapter #14 Sections 1403.5 3. 1403.1- 1403.2- 1403.3 6 Crestwood Lane Peabody, Mass. 01960 rapter #1 Sections 118.3 a. 118.4 COURT USE A hearing upon this complaint application ATEOF HEARING `` TIME OF HEARING COURT USE ONLY will be held at the above court address on 4) 7 AT A *—ONLY CASE PARTICULA — BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc, 2 3 a OTHER REMARKS: Mr. Bierman has received several letters from this department dating back 1993, and has continually failed to comply with State Building Codes, and rulings from Court Majestrate. x - - SIGNATURE OF COMP INA DEFENDANT IDENTIFICATION INFORMATION — Complete data below if kn n. DATEOF BIRTH PLACEOF BIRTH SOCIALSECURITY NUMBER SEXj7EHEIGHT WEIG VES HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIFATHER'S NAME 0 O 3 v r D Z D Z 1 0 0 DC-CCR2(3188) lfitp of iMle i, Aa$garbU!5Ett5 Public Vropertp Mepartment JBuilbing -Bepartment One fsatem green (976) 7459595 Cxt. 360 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer March 18 , 1998 John Kieran 6 Crestwood Lane Peabody, Mass . 01960 RE : 4-6 Cabot Street Notice of Building Code Violations Dear Mr . Kieran : The above captioned property has been the subject of neighborhood complaints for several years . Although there has been some progress , the pace is unacceptable . On March 27 , 1996 , you were issued a Building Permit ( 0105-96-copy attached) , to "Rebuild chimneys , install siding and replace windows and porches at 4-6 Cabot Street . " Now, two years later , the work is still not complete . Today , I re-inspected 4-6 Cabot Street . I observed the following violations of the Massachusetts State Building Code : ( I also photographed the conditions ) . 780 CMR Chapter lil , Sections 103 . 1- 102 . 5- 102 . 5 . 5- 103 . 2 780 CMR Chapter #14 , Sections 1403 . 1-14-3 . 2-14-3 . 3- 1403 . 5 Failing to meet the above violations and corrections , you will be in violation of Chapter ill , Section 118 . 3- 118 . 4 . I have enclosed copies of the State Building Codes cited above . Over the past several years , I have sent many letters regarding this property . Most have gone without appropriate response . To date , you have failed to address the complaints on this property. Your failure to respond to this letter will result in legal action being commenced, again, in the Salem District Court . Violations Page two of two Certified Mail # P 921 991 922 i4arch 18 , 1998 John Kieran RE : 4-6 Cabot Street of the State Building Code are punishable by a fine of not more than $1 , 000 or by imprisonment for not more than one year , or both for each such violation. Each day during which a violation exists shall constitute a separate offense . I will diary this matter ahead for thirty ( 30 ) days . If I am not contacted by that time or these violations are not corrected , I will file for a criminal complaint . Thank you for your attention to this matter . I look forward to finally bringing this matter to some sort of resolution . If you have any questions , you can reach me at 745-9595 . Sincerely, Leo E . Tremblay Inspector of Buildings LET : scm Enc . .:c : John Keenan , Assistant City Solicitor William Kelley , Ward Five Councilor Jane Guy, Planning Department-Neighborhood Task Force CHAPTER 14 EXTERIOR WALL COVERINGS 780 CMR 1401.0 GENERAL 1403.4 Structural:Exterior walls shall be designed 1401.1 Scope:The provisions of 780 CMR 14 shall and constructed to resist safely all superimposed establish the minimum requirements for exterior loads as required by 780 CMR 16. walls. Exterior walls shall be designed and 1403.4.1 Structural strength against wind constructed in accordance with 780 CMR forces:In all buildings required to resist the wind pressures described in 780 CMR 1611.0, glazing 780 CMR 14020 DEFIPIMONS in exterior window openings shall be designed to 1402.1 General: The following words and terms resist the wind loads specified in 780 CMR shall, for the purposes of 780 CMR 14 and as used 1611.0 for components and cladding. elsewhere in 780 CMR, have the meanings shown 1403.43 Structural strength of sash or frames: herein. Mullions, sash and frames of glazed exterior EsYerior wall raisin: A material or assemblyof window openings shall be designed to resist the wind loads specified in 780 CMR 1611.0 for materials applied on the exterior side of exterior components and cladding. walls for the purpose of providing a weather- resisting barrier, insulation or for aesthetics, 1403.5 Fireresistance: All exterior walls shall including veneers, siding, exterior insulation and comply with the 5reresistance rating requirements of finish systems, architectural trim and 790 CMR 705.0. - embellishments such as cornices, soffits, {acus, gunc and leaden. 14035.1 Fireresistaoce rated openings: Openings in exterior walls, where required to Wall have a fire protection rating, shall comply with Apron wall: That portion of a skeleton wail the provisions of 780 CNiR 7. below the sill of a window. Skeleton or panel wall: A nonbearing wall 1403.6 Flood-resistant const mciion:Exterior walls supported by each story on a skeleton frame, of structures that are erected in areas prone to Spandrel wall: That porion of a skeleton wall flooding shall comply with Lhc pfovisions of above the head of a window or doc"r. 780 CMR 3107.0. Veneered wall: A wall having a facing ofi masonry or other weather-resistant 1403.7 Ratproofmg:Fzcrior walls of buildings that noncombustible material that is securely are requited to be ratproofed shall comply with the attached to the backing,but not so bonded as to provisions of 780 CMR 1215.0. ? .s exert common action under load. 780 CMR 1400.0 MATERIALS 780 CMR 1403.0 PERFORMANCE 1404.1 Wood:Exterior walls of wood construction REQUIREMENTS shall be designed and constructed in accordance with 1403.1 General:The provisions of 780 CMR 1403.0 780 CMR 23. shall apply to exterior walls and components thereof. - C. 1404.2 Masonry: Exterior walls of masonry 1403.2 Durability: All exterior walls and construction shall be designed and constructed in components thereof shall be of approved materials accordance with 780 CMR 21. which maintain the performance characteristics a required herein for the duration of use. 1404.3 Metal: Exterior walls of formed steel construction structural steel or lightweight metal 14033 Weather resistance:The exterior was shall alloys shall be assigned in accordance with be faced with an approved weather-resistant 780 CMR 22 and 780 CMR 20,respectively. covering that is property attached to resist wind and rain. The cellular spaces shall be so ventilated as not 1404.4 Concrete: Exterior walls of concrete to vitiate the firesropping at floor, attic and roof construction shall be designed and constructed in levels,or shall be provided with an approved interior accordance with 780 CMR 19. noncorrodible vapor retarder, or other approved means to avoid condensation and leakage of 1404.5 Structural glass: Exterior walla of structural moisture. glass block shall be designed and constructed in accordance with 780 CMR 21 15.0. 2/7/97 (Effective 2128/97) 780 CMR-Sixth Edition 243 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 102.3 Zoning Bylaw Restrictions: When the structures and provided further that the siting and provisions herein specified for structural strength, fire separation distance comply with the adequate egress facilities, sanitary conditions, requirements for new structures. equipment, light and ventilation, energy 790 CMR 103.0 MALI7I'ENANCE conservation or fire safety conflict with the local 103.1 Genual: All buildings and structures and all zoning bylaws or ordinances,780 CMR shall control parts thereof,both existing and new,and all systems the construction or al.tration of buildings and and equipment therein which are regulated by structures unless such bylaws or ordinances are 780 CMR shall be maintained in a safe,operable and promulgated in accordance with the provisions of Mary condition. All service equipment,meant of M.G.L. c. 143, §98. egress,devices and safeguards which are required by 780 CMR in a building or structure, or which were 102.4 General bylaw restrictions: When the required by a previous statute in a building or provisions herein specified for structural strength, structure,when erected, altered or repaired,shall be adequate egress facilities, sanitary conditions, maintained in good working order. equipment, light and ventilation, energy conservation or fire safety conflict with the local 103.2 Owner responsibility: The owner, as general bylaws or ordinances, 780 CMR shall defined in 780 CMR 2, shall be responsible for control the construction or alteration of buildings compliance with provisions of 780 CMR 103.0. and structures unless such bylaws or ordinances arc promulgated in accordance with the provisions 780 CMR 104.0 VALIDITY M.G.L. c. 143, §98. 104.1 Gea<nl: The provisions.of 780 CMA are 102.5 Applicability to Existing Buildings severable, and if any of its provisions shall be held unconstitutional or otherwise invalid by any court of 102.5.1 General: Eristing buildings and competent jurisdiction, the decision of such court structures shall comply with the provisions of shall not affect or impair any of the remaining 780 CMR 102.5 and all other applicable provisions. provisions of 780 CMR- 102.5.2 MR102.5.2 Unlcss specifically provided otherwise in 780 CMR 1050 OFFICE OF THE 780 CMI,any existing building or structure shall INSPECTOR OF BUILDINGS OR meet and shag be presumed to meet the provisions BUILDING COKYUSSIONER ofthc applicable laws, codes, rules or regulations, 105.1 Appointment: The chief administrative bylaws or ordinances in effect at the time such officer of each city or town shall employ and building or structure was constructed or altered designate an inspector of buildings or building and shall be allowed to continue to be occupied commissioner(hereinafter inspector of buildings)as pursuant to its use and occupancy, provided that well as such other local inspectors as are reasonably the building or structure shall be maintained in necessary to assist the inspector of buildings to accordance with 780 CMR 103.0. administer and enforce 780 CMR and of M.G.L. 102.53 In cases which applicable codes, rules or c. 22, § 13 A and the rules and regulations made regulations, bylaws or ordinances were not in use under the authority thereof. The inspector of at the time of such construction or alteration,the buildings shall report directly to and be solely provisions of 780 CMR 103.0 shall apply. responsible to the appointing authority. 102.5.4 In cases where the provisions of 105.2 Alternate: The inspector of buildings is 780 CMR are less stringent than the applicable authorized to designate an alternate who shall codes, rules or regulations, bylaws or ordinances exercise all the powers of the inspector of buildings at the time of such construction or substantial during the temporary absence, disability or conflict alteration, the applicable provisions of 780 CMR of interest of the inspector of buildings. Said shall apply, providing such application of these alternate shall be duly qualified pursuant to provisions does not result in danger to the public, 780 CMR 105.3. as determined by the building official. 102.5.5 Fristing buildings or parts or portions 1053 Qualifications of the Inspector of Buildings: thereof which are proposed to be enlarged, In accordance with the provisions of M.G.L. c. 143, altered, repaired or changed in use or occupancy § 3, each inspector of buildings shall have had at shall comply with the provisions of 780 CMR 34. least five years of experience in the supervision of building construction or design or in the ahemative 102.5.6 Moved Structures: Buildings or a four year undergraduate degree in a field related to structures moved into or within the Jurisdiction building construction or design, or any combination shall comply with the provisions of 780 CMR 34 of education and experience which would confer provided that any new system shall comply as far equivalent knowledge and ability, as determined by as practicable with the requirements for new the BBRS. In addition each inspector of buildings 780 CMR: STATE BOARD OF BUMDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 116.4.2 Fee and costs: All fees and costs related violations until the lapse of 30 days after the to the performance of on-site project issuance of the written notice of violation. representation shall be borne by the owner. 118.5 Abatement of violation: The imposition of 116.5 Building official responsibility: Nothing the penalties herein prescribed shall not preclude the contend in 780 CMR 116.0 shall have the effect of legal officer of the jurisdiction from instituting waiving or limiting the building official's authority appropriate action to prevent unlawful construction to enforce 780 CMR with respect to examination of or to restrain, correct or abate a violation, or to the contract documents, including plans, prevent illegal occupancy of a building,structure or computations and specifications, and field premises or to stop an illegal act, conduct,business inspections(see 780 CMR 106.0). or occupancy of a building or structure on or about any premises. 780 CMM 117.0 WORKMANSIM 117.1 General: All work shall be conducted, 118.6 Notice or orders, service and content: installed and completed in a workmanlike and Every notice or order authorized by 780 ClvM shall acceptable manner so as to secure the results be in writing and shall be served on the person intended by 780 CMA responsible: I. personally, by any person authorized by the 780 C7YIR I1&0 VIOLATIONS building official;or 2. by any person authorized to serve civil I I S.l Unlawful acts: It shall be unlawful for any process by leaving a copy of the order or notice at person arm or corporation to use, occupy or change the responsible parry's last and usual place of the use or o patcy of any building or structure or abode;or to erect, construct, alter, extend, repair, remove, 3. by sending the party responsibile a copy of the drroli sh any building or structure or any equipment order by registered or certified mail return receipt rc;.:la:d by 780 CMR or cause same to be done,in requested, if he is within the Commonwealth;or conflict with or in violation of any of the provisions 4, if the responsibile party's last and usual place o,'730 CNLZ of abode is unknown, by posting a copy of this order or notice in a conspicuous place on or about 118.2 tio6ce of violation: The building official shall the premises in violation and by publishing it for ser.c a notice of violation or order on the person at least three out of five consecutive days in one responsible for the erection, construction,alteration, or more newspapers of general circulation cr.csion, repair, removal, demolition or occupancy wherein the building or premises affected is of a building or srructure in violation of the situated. provisions of 780 CivfA or in violation of a detail statement or a plan approved thereunder, or in 780 GMR 119.0 STOP WORK ORDER violation of a permit or certificate issued under the provisions of 780 C��L. Such order shall be in building Notice to owner: Upon notice from the or w�ritinn3 and shall direct the discontinuance of the building official that work ed any building he illegal action or condition and the abatement of the structure is being prosecuted contrary to the violation. provisions of 780 CMR or in an unsafe and dangerous martner or contrary to the approved 118.3 Prosecution of violation: If the notice of construction documents submitted in support of the violation is not complied with in the time period building permit application, such work shall be specified in said notice of violation, the building immediately stopped. The stop work order shall be official may institute the appropriate proceedings at in writing and shall be given to the owner of the law or in equity to restrain, correct or abate such property involved, or to'the owners agent, or to the remora! or tcnnination of person doing the work,and shall state the conditions violation or to require the r the unlawful occupancy of the building or structure under which work will be permitted to resume. in violation of the provisions of 780 CMR or of the 119.2 Unlawful continuance: Any person who shall order or direction made pursuant thereto. continue any work in or about the building or 113.4 Violation penalties: Whoever violates any structure after having been served with a stop work provision o(780 CMR, except any specialized code order,except such work as that person is directed to referenced herein, shall be punishable by a fine of perform to remove a violation or unsafe condition, not more than 51,000 or by imprisonment for not shall be liable to a fine of not more than SI,000 or more than one year, or both for each such violation. by imprisonment for not more than one year,or both Each day during which a violation exists shall for each such violation. Each day during which a constitute a separate offense. The building official violation exists shall constitute a separate offense. shall not begin criminal prosecution for such :n mss. APPLICATION 0 ADULT NUMBER Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE District Court Department ❑ ARREST ❑ HEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The.within named complainant requests that a complaint issue against the within Salem District court named defendant, charging said defendant with the offense(s) listed below. - 65 Washington Street DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE Salem,AAA.01970 gngging 4-6 Cabot Street NAME OF COMPLAINANT City of Salem, Inspector of Buildings NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT Inspector of Buildings 1. Front Stairs, disrepair --One-Salem Green - Mass.State Bldg Code. Sec.10 .00/104.2 Salem, MA 01970 z. Front Pprch & Stairs NAME,ADDRESS AND ZIP CODE OF DEFENDANT Mass.State Bldg. 6ode.Sec.12 .0/123.2- JQhtl_Kertrn.an---- 6 Crestwood Lane 3. Gotice of Violation __ Peabody,_MA 01960 _ . _ _ Masss.State Bld .Code Section 121.2 Failure to remove or make --.---_._.- _ - . ____. _______ _____ _ __ __ safe. Mass.State e ec.124.1 COURT USE A hearing upon this complaint applicati DAT OF EARING TIME OF FARING URT USE ONLY will be held at the above court address n AT ONLY CASE PARTIC S — BE §PECIFIC AUZ NAME OF VICTIM DESCRIPTION OF PROPERTY ROLLEY NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAP person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 1 � K 2 3 a OTHER REMARKS: A letter was sent and received on 9/28/92. A letter was sent and received on 3/2/93, even after second letter the problem was not resolved. On-5/13/93 a third letter was sent, contact was made by phone and Mr. Kiernan was ,giyen twenty five (25) days to comply. Time has lapsed and problem still not resolved x SIGNAT E COMPLAINAN DEFENDANT IDENTIFICATION INFORMATION — Comple data beloil f nown. DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT IGHT I EYES - HAIR OCCUPATION - EMPLOYERISCHOOL - MOTHER'S NAME(MAIDEN) FATHER'S NAME fn C7 O 'O DC-CR2(3/88) APPLICATION ® ADULT " MBER Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENIL ,r 6&4z� ' e District Court Department ❑ ARREST EX HEARING ❑ tUMMONS ❑ WARRANr COURT DIVISION The within named complainant requests that a complaint issue against the within named defendant, charging said defendant with the offense(s) listed below. tl�S'fTlYt DATE OF APPLICATION I DATE OF OFFENSE I PLACE OF OFFENSE 7/8/97 Ongoing 4-6 Cabot Street NAME OF COMPLAINANT City of Salem Building Department NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT Massachusetts State Building One Salem Green t. Code 780 CHR Salem, Mass. 01970 Chapter I, Section 111.7 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT John_Kiernan 6 Crestwood Lane 3. Peabody, Mass. 01960 4. COURT USE I A hearing upon this complaint application DATE OF HEARING TIME OF HEARING COURT USE ONLY will be held at the above court address on c t AT D.' ONLY CASE PARTICULARS BE` SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO.. Owner of property, Goods Stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. t ' 2 3 4 OTHER REMARKS: r SIGNATURE OF COMPLA A DEFENDANT IDENTIFICATION INFORMATION — Complete data below if know!4/ DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE I WEIGHT rYES HAIR OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME O O 3 v r D Z D 2 1 N O O v DC-CR2(3188) CITY OF SALEM - MASSACHUSETTS ROBERTA.LEDOUX Legal Department JOHN D.KEENAN City Solicitor 93 Washington Street Assistant city Solicitor 314 Essex Street SalemMassachusetts 01970 15 church Street , 508.741-2111 508-744-8500 October 1, 1997 Robert A. Munroe, Esq. 81 Washington , Salem, Ma c�husetts 01970 Commonwealth v. John Kieran: 4-6 Cabot Street Dear b: I appeared today on behalf of the City of Salem regarding the above captioned matter. I represented to Judge Mori that I expected you would be representing Mr. Kieran as you had on the previous complaint. Mr. Kieran confirmed same. The matter has been marked for PTC on October 23rd. It is my understanding that Mr. Kieran has the remaining windows and doors on site for installation. The issue is time to do it. Furthermore, he still needs to complete the porches and put up the siding— all projects for which he pulled a permit on March 27, 1996— approximately 1 '/2 years ago. It is Inspector Tremblay's opinion that Mr. Kieran has not "proceed[ed] in good faith continuously to completion so far as reasonably practicable under the circumstances." I have also enclosed copies of photographs taken by Inspector Tremblay yesterday. Please keep both Inspector Tremblay and me informed of progress made prior to October 23`d. I will ask that the property be inspected again on October 22"d Thank you for your anticipated cooperation in this matter. I look forward to hearing from you. Please note my change of address since the last complaint. Very bes regards, J D. Keenan JDK/kjm Enc. cc. Leo Tremblay, Bldg. Inspector William Kelley, Ward Five Councilor David Shea, Mayor's Office APPLICATION ® ADULT UMBER TriaMourt of Massachusetts FOR COMPLAINT O JUVENILE f ., ,; (�l'�./�' �� �� �.District Court Department [� ARREST $ HEARING IJ SUMMONS _! WARRANT' COURT DIVISION The within named complainant requests that a complaint issue against the within Schur named defendant. charging said defendant with the offensels) listed bel-Tw. as shvii DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE MOL��fQ 7/8/97 Ongoing 4-6 Cabot Street NAME OF COMPLAINANT City of Salem Building Department NO. OFFENSE G.L. Ch. ADDRESS AND ZIP CODE OF COMPLAINANT Massachusetts State Building One Salem Green t, Code 780 CMR Salem, Hass. 01970 Chapter I, Section 111.7 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT John Kiernan 6 Crestwood Lane 3. Peabody, Mass. 01960 4. COURT USE I A hearing upon this complaint application DATE OF HEARING TIME OF HEARING COUR ONLY-----* will be held at the above court address on 72-VAT f—t CASE PARTICULARS BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO.. Owner of property. Goods stolen.what Over or under SUBSTANCE OR WEAPOI person assaulted.etc. destroyed.etc. 5250. Marijuana,gun.etc. 1 2 3 4 OTHER REMARKS: L " SIGNATURE OF COM PLA A DEFENDANT IDENTIFICATION INFORMATION — Complete data below if know . DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEEFATHEF*SNAME EIGHT YES Hi OCCUPATION EMPLOYERISCHOOL MOTHER'S NAME IMAIOENI 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE applications for permits and amendments thereto 111.7 Expiration of permit: Any permit issued within 30 days after filing thereof. If the application shall be deemed abandoned and invalid unless the - or the construction documents do not conform to the work authorized by it shall have been commenced requirements of 780 CMR and all pertinent laws within six months after its issuance; however, for under the building official's jurisdiction, the cause,and upon written request of the owner,one or building official shall reject such application in more extensions of time, for periods not exceeding writing, stating the reasons therefor. If the building six months each, may be granted in writing by the official is satisfied that the proposed work conforms building commissioner or inspector of buildings. to the requirements of 780 CMR and all laws and Work under such a permit in the opinion of the ordinances applicable thereto, the building official building commissioner or inspector of buildings, shall issue a permit therefor. must proceed in good faith continuously to completion so far as is reasonably practicable under 111.2 Zoning:In accordance with the provisions of the circumstances. It is the sole responsibility of the M.G.L. c. 40A or St. 1956, c. 665 as amended, no owner to inform, in writing, the building permit for the construction, alteration, change of use commissioner or inspector of buildings of any facts or moving of any building or structure shall be which support an extension of time. The building issued if such building or structure or use would be commissioner or inspector of buildings has no in violation of any zoning ordinance or by-law. obligation under 780 CMR 111.7 to seek out information which may support an extension of time. 111.3 Railroad right-of-way: No permit to build a The owner may not satisfy this requirement by structure of any kind on land formerly used as a informing any other municipal and/or state official railroad right-of-way or any property appurtenant or department. thereto formerly used by any railroad company in For purposes of 780 CMR 111.7 any permit the state shall be issued without first obtaining, after issued shall not be considered invalid if such public hearing,the consent in writing to the issuance abandonment or suspension of work is due to a court of such permit from the Secretary of the Executive order prohibiting such work as authorized by such Office of Transportation and Construction, all in permit; provided, however, in the opinion of the accordance with M.G.L.c.40, § 54A. building commissioner or inspector of buildings, the person so prohibited by such court order,adequately 111.4 Water Supply: No permit shall be issued for defends such action before the court. the construction of a building or structure which would necessitate the use of water therein,unless a 111.8 Previous approvals: 780 CMR shall not supply of water is available therefor, either from a require changes in the construction documents, water system operated by a city, town or district, or construction or designated use group of a building from a well located on the land where the building or for which a lawful permit has been heretofore issued stricture is to be constructed, or from a water or otherwise lawfully authorized, and the corporation or company, as required by M.G.L. construction of which has been actively prosecuted c.40, § 54. within 180 days after the effective date of 780 CMR and is completed with dispatch. 111.5 Debris: Asa condition of issuing a permit for the demolition, renovation, rehabilitation or other 111.9 Signature to permit: The building official's alteration of a building or structure, M.G.L. c. 40, signature shall be attached to every permit; or the §54 requires that the debris resulting therefrom shall building official shall authorize a subordinate to be disposed of in a properly licensed solid waste affix such signature thereto. disposal facility as defined by M.G.L. c. 111, § 150A. Signature of the permit applicant,date and 111.10 Approved construction documents: When number of the building permit to be issued shall be the building official has determined that the indicated on a form provided by the building proposed construction conforms to the provisions of department, and attached to the office copy of the 780 CMR and other applicable laws, by-laws, rules building permit retained by the building department. and regulations under his/her jurisdiction, the If the debris will not be disposed of as indicated, the building official shall stamp or endorse in writing holder of the permit shall notify the building official, the three sets of construction documents in writing,as to the location where the debris will be "Approved". One set of the approved construction disposed. documents shall be retained by the building official, one set by the head of the local fire department and 111.6 Workers' Compensation: No permit shall be the other set shall be kept at the construction site, issued to construct, reconstruct, alter or demolish a open to inspection of the building official or an building or stricture until acceptable proof of authorized representative at all reasonable times. insurance pursuant to M.G.L. c. 152, §25C(6)has been provided to the building official. It 1.12 Revocation of permits: The building official shall revoke a permit or approval issued under the 22 780 CMR- Sixth Edition 2/7/97 (Effective 2/28/07) 508 745 9315 ROBERT R. MUNROE . ESO. 508 745 93,15- P. 01 OB SUTE COPY k BUILDINQ " C' Y OF SALEM I i fI « S 'LEM, MASSACHUSETTS 01970 ' PER DATL IdAF2l'II . .. _ 19_ `-J.1..._._ PERMIT NO. IQI -fi 9q6 Y ANT OME OWNS. / JOHIN KIPRFIN ADDRFss.FS- CRf STWOOD I x`172 + �. INOI (STREETI ( TR'8 ICENBC( . � � EAbOUV I ;TATE MA_zIT CODE TEL.NO.— NUMB O__. Iiro. LTERAT ON $roRv TWO OR MORE FAMILY TT NUMBER OF P i -..-••- _ — DWELLING UNIT ' I I'I (TT EOF IMMIQYEMCNi) No II`nor0 rn I15Fj- "' "T . ATIO 1—@�Q�/ I .AFt EJ (N ) ZONING OISTRIC7 1 ( ' A TREE7I _ .... . ._..__ ...-_ 1 .1 Alin + f 1.(f b MINI I i) _ ----- (rIlOSBATnEET) a Iv ISION- --- _.NIC1L =4 LOT_2Q.7Li CLOCK-- S¢E 00062 0 SID T ---- — jL IINGIST BEI�.. •FT.WIDE BY ---_.._.._FT.LONG BY_______ FT,IN HEIGHT AND SHALL, "FORM CONSTRUCTI USE GROUP BASEMENT WALLS OR FOUNDATION_ I (TYPE) °E 'R 5:_._ .EBUILD C IMNEYS, INSTALL_.SIDING-_R RE G'L WINDOWS_, R PORCHES ID 4-6 .Catlo .. (KIM4. TIMATEDCOS $_. _._--7ti600 RMIT $E 44 T(C BICISOUARE FIF - 1 2� IL L K ERAN JOH E _ li - ------------... -- - BUILDING DEPT, I ss 6 CRESTW66 LANE av—_ f$?ERMITC NVEVS NO RIGHT TO OCCUPY ANY 81'PEE T.ALLEY OR-SIDEWALK OR ANY PART THEREOF.EITHER TEMPORARILY OR PERMANENTLY. NCROAQHML Ty'� N PLULBLIC PR PERTY,NOTSeEGIICALLY PERMITTED UNDER THE BUILDING CODE.MUST BE APPROVED BY THE JURISOICTION,STREET OR ALLEY GRAD ES AS Ll., bk PTH ANDLOCATIONOF PUD CSEWER$MAY DE OBTAINED FnOM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCEOF THIS PER IT MDOES NOT EL, TE • PIIp NTFR THECONDI ION OF ANY APPLICABLE SUBDIVISION RESTRICTIONS j i I l,f S I. 10F THREECALLINS EQ IONS APPROVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT WHEREAPPLICABL SEPARATE.. -�D» QI) OFOALL CON$TRIJCTION WORK: POSTED'UNTIL FINAL INSPECTION HAS BEEN MADE. WHERE A PERMITSAREREO )REDFOk; -' C,LtNATI SOP FOOTIN S. ELECTRICAL.PLUM ING AND I, $f 191 TOC VER:NG$TRU�TU AL CERTIFICATE OF OCCUPANCY IS BUILDING SHALL MECHANICAL IN$TA�LATION$ RS( EADY TO LATH. NOT BE OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE. " 'fry,LN$PE TION NSEFORET CARD SO IT IS VISIBLE FROM STREET :y , 9UIL INC INSPECTI NAPPROVALS� - PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION ROYAL 7/�/fh 2 z., , I Is f;E iSd�Jll3 :L? 41 GA51NSPECTIONAPPROVAL$..__. 1 FIRE'DEPT.INIJSP I CTI NO.A.1.PiAL OYALS I ; HF C TY EN INEER �I ;1 I �(,:� ; I . I KII$HALL Nt�T PROCEED Ut�i4^fHE PE RMIT WILL BECOME.NULL AND VOIO IF rnAISTn111lON W,,jI{l3 IIThrTVtIUNiINDI[;ATrp ON THTC rAA P CTpR HA R 4voogV=c ru viNoVy NOT STARTED WITHIN SIX MGNLy OFDAT E THE PERMITI$ISSUE CANBEARR qU a or CON .+nue nvn IIF .1 WU FOR•BY TEL@ANON AS NOTED 110UUE. ORWRITTE NOTIFIrATI(,H '- _ -. . . of 1�ttlrm, mausar4muetta Cit t'o Public Propertq i9epartment iguilbing i9epartment (One dalem (;rern 508-745.9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 12 , 1997 John Kiernan 6 Crestwood Lane Peabody, Mass . 01960 RE: 4-6 Cabot Street Dear Mr . Kiernan : This department has visited the above mentioned property periodically for the last several months and I truly feel that you have not proceeded in good faith continuously to complete the work permitted under permit #105-96 . Please notify this department within fifteen ( 15 ) days upon receipt of this letter , to inform us as to what course of action you will take to rectify this problem. Failure to do so will result in legal action being taken . Thank you in advance for your anticipated cooperation in this matter . Sincerely, Leo E . Tremblay Inspector of Buildings LET; scm cc: Jane Guy Councillor Kelly , Ward 5 , i •y ` :� - ��– ..fir �'`�y.s — l � - R i r:x al q • h- of i n Cnitu of #atrm. Aalisor4usetts I9ublir 11ropertg Bepartment Nuilainq i9epurtment (One eislem Qbreen 508-745-9595 Ext. 3RU Leo E. Tremblay tq j Director of Public Property Inspector of Building Zoning Enforcement Officer June 12 , 1997 John Kiernan 6 Crestwood Lane Peabody, Mass . 01960 RE : s-6 Cabot Street Dear Mr . Kiernan : This department has visited the above mentioned property periodically for the last several months and I truly feel that you have not proceeded in good faith continuously to complete the work permitted under permit #105-96 . Please notify this department within fifteen ( 15 ) days upon receipt of this letter, to inform us as to what course of action you will take to rectify this problem. Failure to do so will result in legal action being taken . Thank volt in advance for your anticipated cooperation in this matter . Sincerely . Leo E . Tremblay Inspector of Buildings LET; scm cc: Jane Guy Councillor Kelly, Ward 5 Leo Tremblay Building Inspector i J . .. r ..coN81T�„�O 9e0/MINE ooN CITY OF SALEM, MASSACHUSETTS NEIL J. HARRINGTON MAYOR June 18, 1997 Rita Darisse 2 Cypress Street Salem, MA 01970 Dear Ms. Darisse: Enclosed please find a copy of the most recent letter sent to the owner of 4-6 Cabot Street. Our efforts to force the property owner to fix up the building have had limited success (i.e. several building code violations, particularly the front porch, have been corrected). The City has filed charges and taken the owner to court numerous times. In addition, until addition violations are addressed the owner cannot rent out the second floor. Although the owner is losing rental income, it has not seemed to deter him from completing the project at a snail's pace. I intend to bring this matter up again at the Mayor's Neighborhood Improvement Task Force on Thursday, June 26, 1997 at 6:00 p.m. We will consult with the City's attorney to see if the court can assist us in accelerating this project. Sin rely David Shea / Chief Administrative Aide to Mayor cc: All NIP Task Force Members William Kelley, Ward 5 Councillor SALEM CITY HALL • 93 WASHINGTON STREET • SALEM. MASSACHUSETTS 01970 . 508/745.9595 FAX 508/7449327 3 �s Tttu of tMlem. fiHttssac4u etts Ilultlic Propertq Department Nuilbing Department (One dnitm (6reen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 12 , 1997 John Kiernan 6 Crestwood Lane Peabody, Mass . 01960 RE : 4-6 Cabot Street Dear Mr . Kiernan: This department has visited the above mentioned property periodically for the last several months and I truly feel that you have not proceeded in good faith continuously to complete the work permitted under permit #105-96 . Please notify this department within fifteen ( 15 ) days upon receipt of this letter , to inform us as to what course of action you will take to rectify this problem. Failure to do so will result in legal action being taken. Thank you in advance for your anticipated cooperation in this matter . Sincerely , --1 ✓Z.-c. ���L•.-..r.L. �o Leo E . Tremblay // Inspector of Buildings LET; scm cc : Jane Guy Councillor Kelly, Ward 5 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS %4ASSACHUSETTS STATE BUILDING CODE ations for permits and amendments thereto 111.7 Expiration of permit: Any permit issued 30 days after filing thereof. If the application shall be deemed abandoned and invalid unless the • construction documents do not conform to the work authorized by it shall have been commenced ements of 780 CMR and all pertinent laws within six months after its issuance; however, for the building official's jurisdiction, the cause,and upon written request of the owner, one or ig official shall reject such application in more extensions of time, for periods not exceeding „ stating the reasons therefor. If the building six months each, may be granted in writing by the . is satisfied that the proposed work conforms building commissioner or inspector of buildings. requirements of 780 CMR and all laws and Work under such a permit in the opinion of the nces applicable thereto, the building official building commissioner or inspector of buildings, :sue a permit therefor. must proceed in good faith continuously to completion so far as is reasonably practicable under Zoning:In accordance with the provisions of the circumstances. It is the sole responsibility of the .. c. 40A or St. 1956, c. 665 as amended,no owner to inform, in writing, the building for the concoction,alteration,change of use commissioner or inspector of buildings of any facts ving of any building or structure shall be which support an extension of time. The building if such building or structure or use would be commissioner or inspector of buildings has no ition of any zoning ordinance or by-law. obligation under 780 CMR 111.7 to seek out information which may support an extension of time. 3ailroad right-of--way: No permit to build a The owner may not satisfy this requirement by re of any kind on land formerly used as a informing any other municipal and/or state official i right-of-way or any property appurtenant or department. formerly used by any railroad company in For purposes of 780 CMR 111.7 any permit e shall be issued without first obtaining,after issued shall not be considered invalid if such tearing,the consent in writing to the issuance abandonment or suspension of work is due to a court i permit from the Secretary of the Executive order prohibiting such work as authorized by such of Transportation and Construction, all in permit; provided, however, in the opinion of the ance with M.G.L. c.40,§54A building conunissioner or inspector of buildings,the person so prohibited by such court order,adequately Vater Supply: No permit shall be issued for defends such action before the court • tstruetion of a building or structure which necessitate the use of water therein, unless a 111.8 Previous approvals: 780 CMR shall not of water is available therefor, either from a require changes in the concoction documents. ystem operated by a city,town or district,or concoction or designated use group of a building well located on the land where the building or for which a lawful permit has been heretofore issued -e is to be constructed, or from a water or otherwise lawfully authorized, and the tion or company, as required by M.G.L. construction of which has been actively prosecuted 54. within 180 days after the effective date of 780 CMR and is completed with dispatch. "brit: As a condition of issuing a permit for nolition, renovation, rehabilitation or other 111.9 Signature to permit: The building official's m of a building or structure, M.G.L. c. 40, signature shall be attached to every permit; or the mires that the debris resulting therefrom shall building official shall authorize a subordinate to osed of in a properly licensed solid waste affix such signature thereto. I facility as defined by M.G.L. c. I11, Signature of the permit applicant,date and 111.10 Approved construction documents:When of the building permit to be issued shall be the budding official has determined that the d on a form provided by the building proposed construction conforms to the provisions of rent, and attached to the office copy of the 780 CMR and other applicable laws, by-laws, rules :permit retained by the building department. and regulations under his/her jurisdiction, the :bris will not be disposed of as indicated,the building official shall stamp or endorse in writing )f the permit shall notify the building official, the three sets of construction document '.g,as to the location where the debris will be "Approved". One set of the approved construction d. documents shall be retained by the building official, one set by the head of the local fire department and /orkers'Compensation: No permit shall be the other set shall be kept at the concoction site, o concoct, reconstruct, alter or demolish a open to inspection of the building official or an , or structure until acceptable proof of authorized representative at all reasonable times. • z pursuant to M.G.L. c. 152, §25C(6)has ovided to the building official. 111.12 Revocation of permits:The building official shall revoke a permit or approval issued under the 790 CMR-Sixth Edition 2/7/97 (Effective 2/28/97) I 4,17 I'M A a-,ra- a,. iu au 00, G . �µ �� 57 1 ,4 r 4 t,+ L+ Titu of *a1Em, massar4usetts !, �a Public Propertg i3epartment Nuilbing Department (One %lem (green 506-745-9595 Ext. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer 9/28/92 Mr . John Kieran 6 Crestwood Lane Peabody Ma . 01960 Re : 4-6 Cabot St . Dear Sir : On September 24 , 1992 a site visit was made at the above mentioned address .Upon inspection it was noted that the front stairs and decks were in disrepair and in violation of the Massachusetts State Building Code, Section 104 regarding maintenance . Contact this office within seven ( 7 ) days of receipt of this notice . Failure to do so shall result in further legal action . y Sincerely Maurice M. Martineau Acting Inspector Of Buildings cc: Ward Councillor City Solicitor �� VA Pct 6 917 3 j� Titg of %lem, Aussac4usletts Publir Propertg Department NuilDing Department One #a(em Green 508-745-9595 Fxt. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 10, 1993 John Kiernan 6 Crestwood Ln. Peabody, MA 01960 RE: 4-6 Cabot St. , Salem (R-2) Dear Mr. Kiernan: In response to a complaint received by this department an inspection was made of the above referenced property and it was determined that the porches are in an unsafe and hazardous condition. This condition presents an immediate danger to the safety and welfare of the public. You are hereby ordered to take immediate action to secure and make safe said porches. Failure to do so within twenty four (24) hours of receipt of this notice will result in this office taking the necessary legal action to insure that the porches are made safe. Sincerely, Leo E. Tremblay Inspector of Buildings LET:bms cc: Councillor Gaudreault, Ward 5 Certified Mail 0009 226 195 Tito of 4hlrm, massar4usrtts Publir f ropertg Department +Nuilbing Department (ane ftem (preen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer March 2, 1993 John Kieran 6 Crestwood Ln. Peabody, MA 01960 RE: 4-6 Cabot St. , Salem (R-2) Dear Mr. Kieran: In response to a complaint received by this department an inspection was made of the above referenced property and it was determined that the porches are in an unsafe and hazardous condition. This condition presents an immediate danger to the safety and welfare of the public. You are hereby ordered to take immediate action to secure and make safe said porches. Failure to do so within twenty four (24) hours of receipt of this notice will result in this office taking the necessary legal action to insure that the porches are made safe. Sincerely, Leo E. Tremblay Inspector of Buildings LET:bms cc: Councillor Gaudreault, Ward 5 Titu of '*ttlem, massar4usetts Public Propertg Bepartment +Nuilbing Department (One Salem Green 588-745-9595 Fxt. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer May 13, 1993 John Kiernan 6 Crestwood Lane Peabody, MA 01970 RE: 4-6 Cabot St. , Salem Dear Mr. Kiernan: After having made an inspection of the porches at the above referenced property, I was not satisfied with your methods of securing these porches. I am pleased that you have agreed to remove them as they present a danger to the safety and welfare of the public. I am requesting you to have these porches removed within twenty five (25) days of receipt of this notice. I would also remind you that work of this nature does require a Building Permit. I thank you for your courtesy and prompt attention in this matter Si r ly, ohn J. Je igs, III LtA Ass' t Building Inspector JJJ:bms cc: Councillor Gaudreault, Ward 5 P 009 226 299 /4-6cab2/ APPLICATION ❑ ADULT NUMBER Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE , District Court Department ❑ ARREST WHEARING ❑ SUMMONS ❑ WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within sill OiSbbict court named defendant, charging said defendant with the offense(s) listed below. 65 Washlington Strew DATE OF APPLICATION I DATE OF OFFENSE PLACE OF OFFENSE SalleM MA 4111170 6/29/94 ongoing 4-6 Cabot St., Salem NAME OF COMPLAINANT I City of Salem, Inspector of Buildings NO. OFFENSE . Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT One Salem Green t. Mass. State B1dg.Code Salem, MA 01970 1234.0/123.2 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT John E. Kiernan 6 Crestwood Lane 3. Peabody, MA 01,960 a. COURT USE I A hearing upon this complaint application r DATE HEARING TIME OF HEARING COURT USE ONLY will be held at the above court address on i' AT </S *—ONLY CASE PARTICULARS — SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of properly. Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 2 3 4 OTHER REMARKS: Failure to cmmply with ruling from Salem District Court Magistrate. X -- J . ' '� SIGNATURE OF COM PLAINA DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATEOFBIRTH PLACE OF BIRTH SOCIALSECURITY NUMBER SEX RACE HEIGHT WEIGHT ETES HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME A 3 v S Z D N O O DC-CR2(3188) APPLICATION ❑ ADULT BER ! / Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE (�1 l,_,1 .'� District Court Department ❑ ARREST IN HEARING ❑ SU ONS ❑ WARRANT COURT DIVISION The within named complainant requests that a cgmplaint issue against the within Won okftldC.VM named defendant, charging said defendant with the offense(s) listed below. 66 g1teB1 DAT OF PPLICATION DATE OF OFFENSE PLACE OF OFFENSE .S.8f/?M MA.01970 71 -II June 1994 A-6 Cabot St., Salem NAME OF COMPLAINANT City of Salem Inspector of Buildings NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT One Salem Green _ Massachusetts State Building Salem, MA 011970 Codes 104.1/104.2 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT John E. Kiernan 6-Crestwood Lane - ..- 3. Peabody, MA 01960 a. COURT USE I A hearing upon this complaint applicationDATE OF HEARING TIME OF HEARING COURT USE ONLY will be held at the above court address on cC AT *—ONLY CASE PARTICULARS BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. t 2 3 4 OTHER REMARKS: Failure to comply with Massachusetts State Building Codes; also with decision from Court Magistrate Mr. Grant. I X SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EYES HAIR OCCUPATION EMPLOYERISCHOOL MOTH ER'S NAME(MAIDEN) FATHER'S NAME O O 3 V z a 8 IDC-CR2(3/88) Pagel of 1 SALEM HEALTH DEPARTMENT 9 North Street Salem MA 01970 n 4�r State Sanitary Code,Chapter If: 105,CMR 410.000 41J I�inimum Standards-6f-'kess-for-Human-Habitation- Occupant: CoMr+o, Ames Phone- Address �Wr 6—C� ln� Si'"� Apt. Floor Owner. .o\w. \c:e 2a . Address: C CPcs�wooc� L� MA 0/96e Inspection Date: _013o/vT f Time: 8.00 qW, Conducted By: Mei a k To\w. _ Accompanied By: Anticipated Reinspection Date: Specified Reg# Violation. Time 410. . . . 5 e f r a i G C O . 1 /�/'Ciw S ga Se�f,o e - of 'c S wro flwc ii: o ve v n ✓' � Z{IS)Q �w �iao 0.� Q I One or more of the above violations may endanger or materially impair the heaflh, safety and well-being or the occupants(s). Code Enforcement Inspector Este es un documento legal imponante. Puede que afecte sus derechos. Puede adquinruna traduccion de esta forma. to .' ty Of cSa&n; <::�flaiiaAu:.EtL aM. -- — -- - -- }e2E'1n1bE�zAZtmEnt 48 Q`a zttE _—ShEEt - _ SatEm, --Malli gius tta.0/97L'-3695-.--- �� II 'Alltt 4'V JLLZIt£S EL� 50S-744-1235 12 VISE ECERtIU (?hCEt : 7�Z FAX= (508) -745-4646 13 utEau ' 500-744-699' 5OS-745-7777 NAME: John E. Kieran RE : Violation of Mass. Gen. Laws ADDRESS :_6 Crestwood Lane Chapter 148 , Section 26E (b) . CITY/STATE/ZIP: Peabody, MA 01960 AS THE RESULT OF AN INSPECTION OF THE PREMESIS, STRUCPUUF�,/ D AREA, OR VEHICLE OWNED, OCCUPIED, OR OTHERWISE UNDER YOUR CONTROL, T� NG RECOM- MENDATIONS ARE MADE AND SHALL SERVE AS A/ NOTICE OF VIOLATION OF AWS , ORDINANCES, OR REGULATIONS PERTAINING TO THE PREVENTION OF FIRE AND THE PRO- TECTION OF LIFE AND PROPERTY. 1- This four (4) family dwelling has no automatic smoke detectors in the common areas, that is , the stairwells and the basement. This is a direct violation of the Mass. General Laws, Chapter 148 , Section 26E (b) . Please contact a licensed electrician and have him contact this office in order to set up an appointment for a complete inspection of the entire property, to layout the location of the detectors . Failure to comply by August 4 , 1994 , will result in taking outa complaint against you at the First District Court of Essex County. cc: David Shea, Mayor' s Office David Trask, Geo. Peabody Coop. Bank file r Order, SALEM FIRE PREVENTION DIVISION Form 25A ( 1/24) DATE : 1 ---SON ❑ ADULT N4JMb1=H Trial Court of Massachusetts g� aPLAINT ❑ JUVENILE District Court Department 1Y+ P� FARING -j SUMMONS S ,{ - WARRANT COURT DIVISION ^'„ -, Ain named complainant requests that's complaint issue against the within "$gip c - • ed defendant.charging said defendant with the offense(s) listed below. - as Wa0*0gilm ftf W—AXTE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE n-- S1111111111111111. fnp .AUL Ol --- - - 6/29/94 -- —ongoing —4-6-Cabot-St., Salem --- NAME OF COMPLAINANT City of Salemv-1n3pector.oP..Buitdings NO. OFFENSE (`.i. Ch. and S ADDRESS AND ZIP CODE OF COMPLAINANT One Salem Green- 1. Mass. State B1dg.Code Salem, MA 019TO 123.0/123.2 2. NAME.ADDRESS AND ZIP CODE OF DEFENDANT John E. Klemm 6 Crestwood Lane 7. Peabody, MA 01960 4. COURT USE I A hearing upon this complaint application DATE,y7HEARING TIME OFHEA_R!NG COURT USI ONLY--* will be held at the above court address on ` u .) . AT ZZ. V *—ONLY CASE PARTICULA — SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen.what ! Over or under SUBSTANCE OR WEAPON Person assaulted,etc. destroyed.etc. E250. Marijuana,gun,etc. F2 3 ' d OTHER REMARKS: Failure to cmmply with ruling from Salem District Court Magistrate. I x SIGNATURE OF COMPLAINA DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATE CF 9'RT4 PLACE OF BIP.THSOCIALSEECURITY NUMBER SEX RACE 1HEIGH1 WEIGHT 'ETES HAM i OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'SNAME I I DO.r P9 01RAI - CITY OF SALEM NEIGHBORHOOD IMPROVEMENT TASK FORCE REFERRAL FORM Date: Mrgy 7.2199U .Address: - - Complaint: A MESS. ef YFCo2E TD Phone #: Allels B02FfraCfl� Complainant: 1 SS '745- 0 & .M.zr Vc,;llancoud- 7v¢-2.5.99 DAVID SHEA, CHAIRMAN KEVIN HARVEY T� BUILDING INSPECTOR ELECTRICAL DEPARTMENT` IRE PREVENTION CITY SOLICITOR -ftEALTH DEPARTMENT SALEM HOUSING AUTHORITY LICENSING POLICE DEPARTMENT PLANNING DEPARTMENT ASSESSOR J-fREASURER/COLLECTOR PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SHEA WITHIN ONE WEEK.. THANK YOU FOR YOUR ASSISTANCE. ACTION: _9"�c &- y nrz. The GEORGE P ' 'NOy -OOOPER - -- - -- - r �n♦ li May 12, 1993 Peter Vaillancourt 40 Cedar Street Salem, MA 01970 Dear Mr. Vaillancourt: O y Dick Carter asked me to give you an update on rt at 4 - 6 Cabot Street, Salem, MA on which we hol ;g mortgage. , ,Z A I have talked to John Jennings at the Salem Building Department and have also visited the property. We all agree that it is in disrepair and is not indicative of the neighborhood. The Building Department has sent Mr. Kieran two letters requesting that he make repairs to the property. We have sent one telling him to repair the property as per the mortgage contract or put it up for sale. Very truly yours, David E. Trask Assistant Vice President c 32 Main Street Peabody, MA 01960 • (508) 531-0242 48 Elm Street • Danvers, MA 01923 • (508) 7 42-44 State Street Newburyport, MA 01950 • (508) 462-3101 33 low Street • Newburyport, MA 01950 • (5( Member FDIC/SIF (508) -745-7777 FIELD A C T I V I T Y REPORT FAX= (508) -745-4646 ;M FIRE4PREMI-ION DIVISION--48 LAFAYETTE STREET SALEM MA 01970 ress- =— - --Date-- ---- - Time- -- ---- _L Property Name Proper-ty-Use -- - Owner J Q JI Occupant(s) C lLlc". iOJO a>7 4A) — ON, Details: O Caw KjtF Fire Prevention Bureau her Departments Involved: GEORGE PEABODY ANKJu -COOPERATIVE BANK- June ne 10, 1994 John E. Kieran 6 Crestwood Lane Peabody, MA 01960 Dear Mr. Kieran: Subject: 4-6 Cabot Street Salem, MA On April 28, 1993 I sent you a letter regarding the violation Clause 3 of your mortgage contract, a copy of which is enclosed. /C We have been notified by the Salem Fire Department and a neighbor thatC�TC your property is still in disrepair and in violation of Massachusetts codes. We have observed the same. The Bank has been patient in waiting for you to bring this property up to good condition. We can no longer tolerate your delay and are requiring you to give a written proposal to the Bank by June 30, 1994 outlining the specifics of rehabilitating this property. If this is not received, we will refer your mortgage to our attorney for possible foreclosure action. Please note that you will be responsible for all legal expenses once the mortgage is given to the attorney. Sincerely, David E. Trask Assistant Vice President Enc. DET:daa cc: Norman P. LaPointe Fire Prevention Bureau 48 Lafayette St. Salem, MA 01970 32 Main Street Peabody, MA 01960 • (508) 531-0242 48 Elm Street • Danvers, MA 01923 • (508) 774-0852 42-44 State Street Newburyport, MA 01950 • (508) 462-3101 33 Low Street • Newburyport, MA 01950 • (508) 462-322; Page 7 of 1 SALEM HEALTH DEPARTMENT 9 North Street K } :Salem,MA 01970 (� State Sanitary Code, Chapter 11:.105 CMR 410.000 t'1 Minimum Standards of Fitness for Human Habitation 0 Occupant: S+�OL" /.l'/r.. Phone: _ .. . . Address: (, Ci._�o'� S�- Apt. Z Floor 2 Owner. .SoL XkeRn..vv Address: 6 cre5` wo Q L,,e �.,.Y.i 61A 01960 Inspection Date: q d 9S _;Tmei 9bOAw Conducted By: Mr9 rt k I c(La,. Accompanied By: rena:,-- Anticipated Reinspection Date: Specified Reg # Violafion Time 410. . . . A t e o-' ve sl.ce c. o✓ o Fire o uc JJ—tic O OGvnN S V10 \O F kS L T C r I b c A E aQ` L er ,.c Lov. (eAJ Etth�si{{,, e ` U VnI I e One or more of the above violations may endanger or materially impair the heaflh. safety and well-being or the occupants(s)- Code Enforcement Inspector Este es un documento legal importante. Puede que afecle sus derechos. Puede adquiriruna traduccion de esta forma. Plans must be filed and approved by the Inspector before a permit will be granted. t City of Salem Ward N.ca+n+a. Is Property Located in the 1� Historical District? Yes_ No p RHome Phone# Is Property Located in a , f r Conservation Area? Yes_ No '4,�c` �, Bus.Phoney .���'� %�� APPLICATION FOR PERMIT TO CONSTRUCT RM, DECKS ASS Salem, Mass., TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit to build according o-the following specifications: Owner's name and address Architect's name Mechanic's name and address Location of building, No. yOXLo L:ABOT �S77 SA4)G 5 '/ What is the purpose of building? /P&Si UE,f/f ice/ /`AUL%r' Material of building? If a dwelling,for how many families? Will the building conform to the requir ments of the law? Estimated costBB Contractors Lie. No. rS6JL.6/Y /7,� G�,f/Lr/I/IL s-vt .Z12X 4.46TO f' Signature of applicant Signed Under the Penalty of Perjury REMARKS FRov'aF 1QBNnN6 <5720RY W049 PWAA- Peg-CAWS AV/) G C-4, bTsrCgcII '99,'Z-1) AISMI /A A,Y EA1T/Z/4-AlC6 72� V Akc 2 6 C1.. ,607 J7- l.STFr_ F&�. V + No�N/ ^93 Ward APPLICATION FOR PERMIT TO CONSTRUCT SWIMMING POOL Location Z`—G (EO-1007— PERMITGRANTED 17 19 93 Ap oved d G wilding spec g1 a �.J 1r.Y �fy!!l/17Laltlllt3Q�L!/L C>y ..��'Gl1'dG4LCILI�d��6 .�t2 Mich S. Dukakis G Governor Ono '&"Mit6w �� -"D� 'JO' Kentaro Tsutsumi Vr ✓7acs 02.40. Chairman M71 7^_'-32 Charles J. Dinezto Administrator MEMORANDUM TO: All Buildine DepartmcatsiSiate Building Inspectors FROM: Charles J. Dinezto. Administrator DATE. October if. 1988 SUBJECT: MCI. cat). 154. Added Ry r594, ti9 M the Acts of 1987 The above-mentioned statute requires that debris resulting from the demolition. renovation, rehabilitation ,it other alteration of a budding or structure be disposed of in a property licenscu solid waste disposal iacltty as defined by MGL 1;1 11. SI50A and that building permits or licenses arc to indicate the location of the facilnv at which the said debris t3 to be disposed. THIS REOUIREMENT DOES NOT APPLY TO NEW CONSTRUCTION. In order to SIMI)itfv the process and to provide uniformity. we arc attaching a copy of a form which you can either reproduce and use as it is since the compieted form will be attached to the office alpy of budding permits or licenses: or reproduce it on your Ictierhad In ase of municipal,commercial,mdustriai.or muiti•unit housing construction. the contractor may not know the dumpster subcontractor at the time of the building permit application. In such cues. the attafted copy of an Affidavit an be used The complete law is contained in the November issue of CODEWORD which will be maiiLd to you in the next two weeks. If you should have any question. please let us know. CJD/km In accordance with the provisions of MGL c 40, S 54, a condition of Building Permit Number is that the debris resulting from this work shall be disposed of in a properly licensed solid waste disposal facility as defined by MGL c 111, S 150A. The debris will be disposed of in: WOOO (Location of Facility) Signature Permit Applicant _ z�, Date AFFIDAVIT As a result of the provisions of MGL c 40, 554, I acknowledge that as a condition of Building Permit Number all debris resulting from the construction activity governed by this Building Permit shall be disposed of in a properly licensed solid waste disposal facility, as defined by MGL c 111, S 150A. I certify that I will notify the Building Official by (Two months maximum) of the location of the solid waste disposal facility where the debris resulting from the said construction activity shall be disposed of, and I shall submit the appropriate form for attachment to the Building Permit. Date Signature of Permit Applicant (Print or type the following information) Name of Permit Applicant Firm Name, if any Address _ COMMONWEALTH OF MASSACHUSETTS Ec LQ DF-rAR—.NU NT OF INDUSTRIAL ACCIDENTS %-' 600 WASHINGTON STREET BOSTON, MASSACHUSETTS 02111 rs,cne WORKERS' COMPENSATION INSURANCE AFFIDAVIT �Ta j (I icenseci permttteel with a principal place of business/residence at: (Gry/StamiZip) do hereby certify, under the pains and penalties of perjury. that: I ] I am an employer providing the following workers' compensation coverage for my employees working on this job. Insurance Company Policy Number [ ] 1 am a sale proprietor and have no one working for me. I am a sole proprietor, general contractor or homeowner (circle one) and have hired the contractors listed below who have the following workers' compensation insuratree policies: Name of Contractor Insurance Companv/Policy Number Name of Contractor Insurance Companv/Policy Number Name of Contractor Insurance Company/Policy Number 1 am a homeowner performing all the work myself. NOTE: Please be aware that while homeowner who employ persons to do maintenance,construction or repair work on a dwelling of not more than three units in which the homeowner also resides or on the grounds appurmnant thereto are not generally considered to be employers uoder the Workers' Compensation Act(GL C 152.sect. 1(5)),application by a homeowner for a license or permit may evidence the legal sums of ass employer under the Workers' Compensation Act. I understand that a copy of this statement will be forwarded to the Department of Industrial Accidents' Office of Insurance for coverage venncation and that failure to secure coverage as required under Section 25A of MGL 152 can iead to the imposition of criminal penalties consisting of a fine of up to $1500.00 and/or imprisonment of up to one year and civil penaiues in the form of a Stop Work Order and a Fine of S 100.00 a day against me. ' 19 23 Siened this l p�- �' � day of License,'/ rmictee ✓ Licensor/Permirror CITY OF SALEM BUILDING DEPARTMENT HOMEOWNER LICENSE EXEMPTION Please Print DATE 10B LOCATION �f� GfI T ST Number Street address Section of Town "HOMEOWNER2� 1-49V� Name Home phone Work phone PRESENT MAILING ADDRESS (p oerS,/ zG ) 4N City/Town State Zip Code The current exemption of "homeowners" was extended to include owner-occupied dwellings of six units or less and to allow such homeowners to engage an in- dividual for hire who does not possess a license, provided that the owner acts as supervisor. (State Building Code Section 109.1 .1 DEFINITION OF HOMEOWNER: Person(s) who owns a parcel of land on which he/she resides or intends to re- side, on which there is, or is intended to be, a one to six family dwelling, attached or detached structures accessory to such use and/or farm structures. A person who constructs more than one home in a two-year period shall not be considered a homeowner. Such "homeowner" shall submit to the Building Official , on a form acceptable to the Building Official , that he/she shall be res onsible for all such work performed under the buildingpermit. Section 109.1 .1 The undersigned "homeowner" assumes responsibility for compliance with the State Building code and other applicable codes, by-laws, rules and regulations. The undersigned "homeowner" certifies that he/she understands the City of Salem Building Department minimum inspection procedures and requirements and that he/she will comply with sai roc dures^. aInd-requirements. HOMEOWNER'S SIGNATURE UQ zL APPROVAL OF BUILDING OFFICIAL NOTE: Three family dwellings 35,000 cubic feet, or larger, will be required to comply with State Building Code Section 127.0, Construction Control . HOME OWNER'S EXEMPTION The Code states that: "Any Home Owner performing work for which a building permit is required shall be exempt from the provisions of this section (Section 109.1 .1 - Licensing of Construction Supervisors) ; provided that is a Home Owner engages a person(s) for hire to do such work, that such Home Owner shall act as supervisor. " Many Home Owners who use this exemption are unaware that they are assuming the responsibilities of a supervisor (see Appendix Q, Rules and Regulations for Licensing Construction Supervisors, Section 2.15) . This lack of aware- ness often results in serious problems, particularly when the Home Owner hires unlicensed persons. In this case your Board cannot proceed against the unlicensed person as it would with licensed Supervisor. The Home Owner acting as supervisor is ultimately responsible. To ensure that the Home Owner is fully aware of his/her responsibilities, many communities require, as part of the permit application, that the Home Owner certify that he/she understands the responsibilities of a supervisor. On the last page of this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in your community. (situ of *alPm, Massac4usetts tlublir 11ropertg i3epartment APp�% +Nuilbing i3epnrtment (One #stem (4reen 508-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 4 , 1995 John E . Kieran 6 Crestwood Lane Peabody, Mass . 01960 RE : 4-6 Cabot Street Dear Mr. Kieran: This office has been notified by the owners of 2 Cypress Street that the temporary poles that are being used to supports the roof at 4-6 Cabot Street are on there property. They requested this office to notify you they would like to have them removed from their property. You were also to supply this office with documents showing only one person is renting the left hand unit on the first floor. Renovations of the property was to begin prior to December 1 , 1995 . To this date no permits have been applied for. Please notify this department within fifteen ( 15 ) days upon receipt of this letter as to your course of action to rectify this issue. Failure to do so will result in legal action being taken against you. Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay Inspector of Buil ngs LET: scm cc : David Shea Tom Keough Councillor Gaudreault , Ward 5 Certified Mail P 921 991 869 I � I ARTICLE I;4 • P 921 991 869 UNE 1 John E. Kieran NUMBER 6 Crestwood Lane Peabody, Mass. 0960 �� T FOLD AT PERFORATION T WALZ INSERT IN STANDARD#10 WINDOW ENVELOPE. "` ( E 0. T I F I E D 'r A billw FosTACE POSTMARK OR DATE o RETURN SHOWTO WHOM,DATE AND RESTRICTED W RECEIPT ADDRESS OF DELNERV � DELIVERY 6 SERVICE CERMFED FEE{RETURN RECEIPT V 0, �- TOTAL POSTAGE AND FEES Z W - N INSURANCE COVE R DED- W SENT TO. NOT FOR INTERNATIONAL MAIL LL� -0 SEEMFR 9 OQ a OZ John E. Kieran aP 5 Crestwood Lane MIX rzi ru" Peabody. Nass. 0060 F N s a f PS FORM 3800 = f` RECEIPT,FOR CERTIFIED MAIL roma SEm CE f i STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address of the article,leaving the receipt attached,and present the article at a post office service window or hand d to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail 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 front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addresses,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is requested,check the applicable blocks in item 1 of Form 3811. ,4 6. Save this receipt and present it if you make inquiry. Bp-'A e! - Sign and Return to FEMCO Page I of 2 PB 113017 REV 7/93 First Eastern Mortgage Corporation 100 Brickstone Square a Andover a MA 01810-0937 a (508) 749-3100 Borrower(s)Name: Subject Property Address: JOHN E KIERAN 4_6 CABOT STREET SALEM MA 01970 08/16/95 (Date) 1. Approval: We are pleased to inform you that your application for mortgage credit, to be secured by the real estate described above, has been approved. We agree to make a mortgage loan to you subject to the following terms and conditions: Rile and Terms: Fixed ❑A.R.M Loan Amount: $ 134400 Origination Fee: $ 1145.00 Principal&Interest: $ 1081.41 Mortgage Insurance: $ 56.00 _ Note Rate: 9.000 % Discount Fee: $ 1344.00 Hazard Insurance: $ 70.00 Other: $ 0.00 Term: 360 Margin: 0 % Real Estate Taxes: $ 146.00 Total: $ 1353,41 INDEX TO BE USED IF A.R.M ❑ One Year T-Bill ❑ Three-Year T-Bill ❑ Tcn-Year T-Bill ❑ Other Please refer to the product descriptions and disclosures provided to you at application. 2. BORROWER SELEC'T'ED LOCI( OPTIONS: 0 A: INTEREST RATE AND TERMS NOT LOCKED: The interest rate and terms as stated above are the prevailing rate and terms of First Eastern for this type of transaction as of the date of this commitment. Due to the rapidly changing market for mortgage products, the final interest rate and terms you will be required to pay may be higher or lower than the estimated rate and terms quoted above. You have the option to lock-in a rate and terms for this transaction at any time up to 3 days prior to closing. ❑ B: INTEREST RATE AND TERMS LOCKED: You previously locked in the interest rate and terms as set forth above Oil . The interest rate and loan terms expire on the following date . If the loan has not closed by that date,the loan may still close, but the interest rate and terms will be the higher of the locked rate and terms or the rate and terms in effect at the time of closing. 3. HOMEOWNERS INSURANCE: You must obtain an insurance binder or policy from an insurance carrier with a rating of no less than "B" and financial size category of III (Bests Guide). The binder must include extended homeowners coverage in an amount no less than 100% of the full replacement valve of the structure. The insarance policy mu;no, !:r i hl or cxca from coverage( in whole or in part)windstorm, hurricane, hail damage or any other perils that are normally included tinder an extended coverage endorsement unless you obtain a separate policy or endorsement from another company that porvides such coverage. Please instruct your Insurance Agent to have First Eastern named as an additional insured or loss payee, using the language "First Eastern Mortgage Corporation, its successors and assigns,as their interest may appear" with an address of 100 Brickstone Square, Andover, MA 01810-0937. If the ins urablestructure securing this debt is located within a special flood hazard area as defined by the National Flood Insurance Administration, you will be required to obtain flood hazard insurance. The Policy must be in effect at the time of closing and be equal to the lower of the nliniunn amount required under the terms of the coverage, to compensate for any damage or loss on a replacement cost basis (or the unpaid balance of the.mortgage if replacement cost coverage is not available for the type of building insured) or the maximum insurance available under the appropriate NFIA program. 4. OUTSTANDING LOAN CONDITIONS: These conditions must be satisfied prior to the loan closing or your loan may not be scheduled to close.Please consult your loan processor to be sure these conditions have been satisfied at least three (3) days prior to closing. 1. Receipt of a satisfactory letter of explanation for late payments as reported by Credit Bureau Associates. 2. Receipt of an original, signed and dated Pest Inspection on a government form. 3. Borrower to sign IRS form #4506. 4. Receipt of verification of mortgage from George Peabody. 5. Conveyancing attorney to payoff existing lien on subject property with proceeds of refinance with no cash out to borrower. 6. Right of recission. '*fGAGE INSURANCE, IFAPPLICABLE: This commitment is issued subject to the approval of this loan request by a fnnortgage insurance company. First Eastern has selected: (Nome) (Address) (Phone Number) 'File provider of this settlement service has a business relationship with First Eastern in that it repeatedly used the services of this provider within the past 12 months. At the time of settlement, a premium for the first year equal to o % of the morgage amount and a minimum of the current monthly expense plus 2/12ths of the annual premium will be collected. Furthermore, each monthly payment will include an additional S 0 to cover the annual renewal cost of this insurance. (See estimated monthly payment- Page One). This insurance shall remain in effect Ibr the life of the loan. Please refer to the Product Disclosures, your Initial Good Faith Estimate of Closing Costs and the special information booklet, "Settlement Costs, A HUD Guide For 1-lomebuyers" for more information regarding this insurance. 6. ESCROWS: The mortgage document which you will execute at closing provides that f irst Eastern may elect to escrow suflicient funds for real estate taxes, homeowners insurance, private mortgage insurance, and flood insurance, if applicable. A minlinnrtn of the current monthly expense plus 2/12ths of the annual cost for each category will be escrowed at the closing; Furthermore, a paid receipt for the first years premium for each insurance must be provided or the premium will be collected at closing. 7. ACCEPTANCE: To accept this commitment please sign below and return one copy along with a commitment fee of S 1344.00 This commitment shall become null and void if not accepted by you within ten (10) calendar days from the date stated above. By executing this commitment, you agree to be responsible for all attorney's fees and other expenses incurred as a result of processing this loan. This commitment fee will be credited to you at the time of closing. This commitment will be valid for a period of 6o days. First Eastern reserves the right to cancel this commitment, if prior to loan closing, First Eastern's prevailing interest rate exceeds moo °/), and you had not previously locked in your ate; or your locked in interest rate expired; or your financial position or credit standing has changed which, in the solejudgment of First Eastern, affects your ability to repay the loan. If your loan does not close prior to the expiration of this commitment, and in acccordance with the terms stated herein, any payments received by First Eastern shall be Non-Refundable and retained as a fee. 8. LEGAL: Upon receipt of this executed commitment along with the appropriate fees, your loan transaction will be forwarded to the following attorney who will settle or close the loan for First Eastern: EAL80 & SOLARI & COLDBER SSEX GgEEN pglVE, P ABODY MA 0196Q 508 8891 (Nome) (Address) (Phone Number) YOU SHOULD IMMEDIATELY CONTAC'.THE ATTORNEY LISTED ABOVE TO ARIu1114GE A CLOSING DATE. THE ATTORNEY MUST SCHEDULE THE CLOSING WITH FIRST.EASTERN AT LEAST THREE (3) DAYS PRIOIZ TO THE CLOSING DATE. The loan cannot close until our attorney has received or obtained 1) an acceptable plot plan or survey waiver and flood certification when applicable; 2) mortgagee's title insurance policy in an amount not less than the original principal balance of the loan; and 3)evidence that the title to the real estate is free and clear of all encumbrances, except for those which First Eastern may approve; and 4)title to the real estate is, in the sole opinion of counsel, good and marketable. These items will be obtained by our attorney. The costs of these services were disclosed to you in the Initial Good Faith Estimate of Closing Costs. You may obtain an attorney to represent your interest. You should consider, and discuss with our attorney or yours, obtaining your own policy of title insurance. At the closing you should be prepared to provide sufficient funds for the balance of the selling price, tax escrow adjustment if any, attorney's fees and expenses plus miscellaneous costs incidental to this transaction. 9. NOTICE TO APPLICANTS - APPRAISAL REPORTS: If within 30 days of this mortgage commitment, you request in writing a copy of the appraisal report, one will be provided to you without charge or fee within 30 days. The purpose and function of the appraisal is to estimate the market value of the subject property for lending purposes. First Eastern, apart from the material contained in the appraisal, does not make an independent evaluation of the physical condition or structure of the property. 10. GENERAL: Completion of this transaction by means of secondary financing is expressly prohibited unless previously approved, in writing, by First Eastern. In fact, First Eastern will require execution of an affidavit from you stating that no junior financing has been or will be obtained to effect the purchase of the subject property. For all Massachusetts properties, you will be required to execute a lead paint and UFFI certificate and indemnification agreement, as well as assure compliance with smoke detector statutes pursuant to State Law. By signing and returning this commitment letter, along with the commitment fee, you acknowledge having read this agreement in its entirety and accept all of the terms and conditions stated. May we extend to you our appreciation for the opportunity to be of service. If you have any questions concerning your application, please do not hesitate to call your processor, JOLENE CROTEAU at 118001777-2240 Very truly yours, 7� 0. KATHIE CARLSEN IERREMINDER: Commitment/Rate Lock and all outstanding conditionsp.Visie�dmove must e satisfied three(3) days prior to closing. ACCEPTED BY: . (Date) 11nu 2 ul'1713#3017 REV 12/93 x �a •3., 0 ,s situ of 'Salenm, assn rhuse#ts !x 'goal PTS �ttul �.�7it�tlle �tiy 1`.:IPrtxirian 44 'lrisfagette jit. �$aleay Aims. aim Area 41abe 617 745-6300 March 20, 1996 Mr. Zohn Kieran 6 Cr( s.twood Lane Peabtdy, Massachusetts 01960 Re: 2 - 4 Cabot Street Dear Mr. Kieran : the following electrical violations exist at the above address : 1 . Exposed wiring outside. on the building 2. Defective switch and light in bathroom - first floor right. 3. Cellar lighting improperly wired. 4. All wiring in common areas shall be on a separate owners meter. 5. ' S ' type fuses are required. I` lease take the necessary steps to correct the above electrical vio- latii' ns. All electrical work shall be done by a licensed electrician , with , a permit from this office. Yours truly Paul M. Tuttle City Electrician cc: David Shea, Chief Adm. Aide/Mayor Leo Tremblay, Building Inspector ` Health Department ` Fire Prevention PMT/n /� yy Page 1 of Z / SALEM HEALTH DEPARTMENT 9 North Street Salem,MA 01970 State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: C�eol /jh'c_5�A::r/rte Phone: 2yS-7y33 Address: I/ Cw(tr S1 Apt. Y Floor S Owner. Address: C crc ld'WOP4 La, ec�l0oo1�/ /y/i7 O/960 Inspection Date: 3��/gC , mma //.%SAwi Conducted By: MA9e'7;; &., /To,9MN sc�e17t- Accompanied By: Anticipated Reinspection Date: Specified Reg # Violation Time 410. . . . r nn ,A7 / [ ti ti2+eh�' w Coc�cr� a 1-N G covcYc...c W,� C E✓ /oS GM.'Q U.apO_ INS dor o7Yli' Given roe un 3ecQ�S Sco/so/ 1 p 0. GCG 45HC /L1[� FIS q,` .KN �" `Q`yS 3s/ oue n cQoeS o [.rock w c F% '. r� a"✓. Re eeQvoo 3o J..t5 ,sOo�S�I (� nn td-jo e+ W �AkC. � y IOn l 3��w/S .SbO�so� (� IA.4 oe(� n S v tU L+�rX W 0 0 GJ[ a Nkv t` 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 importante. Puede que afecte sus derechos. Puede adquiriruna traduccion de esla forma. r _ APPENDIX H(14) Legal Remedies for Tenants of Residential Housing The following is a brief summary of some of the legal remedies tenants may use In order to get housing code violations corrected: 1. Rent Wdine(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 into court if a judge orders you to pay it. (For this, it is best to put the rent money aside in a safe place.) _ 2. Rrp it and Deduc (Massachusetts General Laws,Chapter 111, section 127L):The law sometimes allows you to use your rent money to out the repairs yourself.If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,safety,or well-being,and your landlord has received written notice of the violations; you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have thertr made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent in ang year to make the repairs. 3: Retaliatory Rent Increases or Evictions Prohibiter)(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 she.will.have.to show.a good reason for the increase or eviction which is unrelated to your complaint..You . may be able to sue the landlord for damages 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 conn 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 D=five 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 Page 2- of Z t, SALEM HEALTH DEPARTMENT an , 9 North Street Date: 3 zc Salem. MA 01970 44M Name: larol MacSv+ire Address: S'ef sf Specified Reg # Violation Time 410. . . . Ra r o L 3od rS SOv W:+.do IM cern e. Svc w.�1 Olr — MSS sc"q F o 30 Jq yes Soo L oW �s� re (,, - a,.� r u ✓eA 01- Wim\ CJI.e� is f-oce�'F' r_Q �al 30J-{z pCo u r /Icens!' To dQ of= ow�i z �sd F rc air. a d�Qy s 12 0 30 :2tv' M Co� ee PW y ea - =` MUM 1 ► .,MEN t ly �tsl --z,. .+1" J/.•/�/ s S tui' 0.s f 10. i g .. wx Alt A , Vt 1 jg{r Jr� s � f P; :! �� � �. � � �� �.� t s ��� t2� �t��.r� � �j e`�'�FRµhi 9 fl�r�r � ��tl,r pt st.: '�.. . kY11Y''�•� � �sM! Ca `. i'�b � �' 4v4 i H�4 � F'Y � D � g' 4i +� a��". �. • y 4 ' 1 �e �. � l s. v CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970-3928 - JOANNE SCOTT,MPH,RS,CHO NINE NORTH STREET HEALTH AGENT Tel:(508)741-1800 August 9, 1995 Fax:(508)740-9705 John Kieran 6 Crestwood Lane Peabody, MA. 01960 Dear Mr. Kieran : In accordance with Chapter III, Sections 127A and 1276 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 your property located at 4-6 Cabot Street,occupied by Steve Delvechio & Sharon Hunt conducted by Mark Tolman, Sanitarian on August 3, 1995 9:00 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 He tth Reply to: ,9�-� 0anne Scott Mark Tolman Health Agent Sanitarian cc: Ten wilding Inspector �tned mail It Z369 689 696 JS/sjk Page 1 of ID Z ~y SALEM HEALTH DEPARTMENT r 9 North Street Salem.MA 01970 State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: S1'evo_ DeA%,P _,:o ISLctrc.,A Huin - Phone: Address: 'V-G C. 6p +'S+ Apt. S Floor Z Owner. �bo1 ki nr�" Address: 6 cves4- aor Q L- Inspection Date: BU9S Tma:; 9•'o6Am Conducted By: M421c in��,a Accompanied By: %e✓a.r%+ Anticipated Reinspection Date: Specified Reg # Violation Time 410. . . . 4. S 3S/ Sa( Lu'&Ow'< 'v c I t' o a- c r nc '- 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 importanle. Puede que atecte sus derechos. Puede adquinruna traduccion de esla forma. APPENDIX 11(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 vlolattons corrected: 1. Rent Withholding(Massachusetts General Laws,Chapter 239,section 8A): If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments.You can do this without being evicted if- 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 M"to 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. Ren it and De r r(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 well-being,and your landlord has received written notice of the violatidns;t: .` 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 therrP made)within five days after notice or to complete repairs within 14 days after notice,you can use up to four months'rent in;anf year to make the repairs. 3. Rctaliaij=Rent Increases or Evictions Prohibited(Massachusetts General laws,Chapter 186, section 18,and Chapter 239,::, section 2A):The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations.If the owner raises your rent to tries to evict within six months after you have made the complaint,he or she w.Uhave 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. R n Remiyers lig(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 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. 1 Jnfair and D Pn iv I'mct,ces(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 RlIE C6�� ATTEST AUIVIINIb I HA I IU14 ANU ENF•UHULIVItNI ILERK SALEM, MASS. Department of Public Safety shall be notified in writing within seven (7) working days of any action taken under this section. 101A Referenced Standards: Where differences occur between provisions of this code and referenced standards, the provisions of this code shall apply. SECTION 102.0 ORDINARY REPAIRS 102.1 General: Except as provided in Section 113.1, a permit shall not be required for ordinary repairs to buildings and structures. SECTION 103.0 INSTALLATION OF SERVICE EQUIPMENT 103.1 General: When the installation, extension, alteration or repair of an elevator, moving stairway, mechanical equipment, refrigeration, air conditioning or ventilating apparatus, plumbing, gas piping, electric wiring, heating system or any other equipment is specifically controlled by the provisions of this code or tite approved rules, it shall be unlawful to use such equipment until a certificate of approval has been issued therefor by the building official or other agency having jurisdiction. SECTION 104.0 MAINTENANCE 104.1 General: All buildings and structures and all parts thereof, both existing and new, shall be maintained in a safe and sanitary condition. All service equipment, means of egress, devices and safeguards which are required by this code in a building or structure, or which were required by a previous statute in a building or structure, when erected, altered or repaired, shall be maintained in good working order. 104.2 Owner responsibility: The owner, as defined in Article 2, shall be responsible for the safe and sanitary maintenance of the building or structure and its exitway facilities at all times, unless otherwise specifically provided in this code. Corrected 780 CMR - Fifth Edition 1-3 AUIVIINIS I HA I IUN ANU EW-UHULIVIL11 I Department of Public Safety shall be notified in writing within seven (7) working days of any action taken under this section. 101.4 Referenced Standards: Where differences occur between provisions of this code and referenced standards, the provisions of this code shall apply. SECTION 102.0 ORDINARY REPAIRS 102.1 General: Except as provided in Section 113.1, a permit shall not be required for ordinary repairs to buildings and structures. SECTION 103.0 INSTALLATION OF SERVICE EQUIPMENT 103.1 General: When the installation, extension, alteration or repair of an elevator, moving stairway, mechanical equipment, refrigeration, air conditioning or ventilating apparatus, plumbing, gas piping, electric wiring, heating system or any other equipment is specifically controlled by the provisions of this code or the approved rules, it shall be unlawful to use such equipment until a certificate of approval has been issued therefor by the building official or other agency having jurisdiction. SECTION 104.0 MAINTENANCE 104.1 General: All buildings and structures and all parts thereof, both existing and new, shall be maintained in a safe and sanitary condition. All service equipment, means of egress, devices and safeguards which are required by this code in a building or structure, or which were required by a previous statute in a building or structure, when erected, altered or repaired, shall be maintained in good working order. 104.2 Owner responsibility: The owner, as defined in Article 2, shall be responsible for the safe and sanitary maintenance of the building or structure and its exitway facilities at all times, unless otherwise specifically provided in this code. Corrected 780 CMR - Fifth Edition 1-3 ADMINISTRATION AND ENFORCEMENT 120.4 Periodic inspection for posting: The building official may periodically inspect all existing buildings and structures except one and two family dwellings for compliance with this code in respect to posting; or he may accept the report of such inspections from a qualified registered engineer or architect or others certified by the BBRS; and such inspections and reports shall specify any violation of the requirements of this code in respect to the posting of floor load, fire grading, occupancy load and use group of the building or structure. SECTION 121.0 VIOLATIONS 121.1 Unlawful acts: It shall be unlawful for any person, firm or corporation to erect, construct, alter, reconstruct, repair, remove, demolish, use or occupy any building or structure or equipment regulated by this code, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this code. 121.2 Notice Of violation: The building official shall serve a notice of violation or order on the person responsible for the erection, construction, alteration, reconstruction, repair, removal, demolition, use or occupancy of a building or structure in violation of the provisions of this code, or in violation of a detail statement or a plan approved thereunder, or in violation of a permit or certificate issued under the provisions of this code; and such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation. 121.2.1 Notice or orders,service and content: Every notice or order authorized by this code shall be in writing and shall be served on the person responsible: 1. personally, by any person authorized by the building official; or 2. by any person authorized to serve civil process by leaving a copy of the order or notice at his last and usual place of abode; or 3. by sending him a copy of the order by registered or certified mail return receipt requested, if he is within the Commonwealth; or 4. if his last and usual place of abode is unknown, by posting a copy of this order or notice in a conspicuous place on or about the premises in violation and by publishing it for at least three (3) out of five (5) consecutive days in one (1) or more newspapers of general circulation wherein the building or premises affected is situated. 121.3 Prosecution of violation: If the notice of violation is not complied with within the time period specified in the notice, unless otherwise provided in this code, 780 CMR - Fifth Edition 1-23 ADMINISTRATION AND ENFORCEMENT SECTION 123.0 UNSAFE STRUCTURES 123.1 Inspection: The building official immediately upon being informed by report or otherwise that a building or other structure or anything attached thereto or connected therewith is dangerous to life or limb or that any building in that city or town is unused, uninhabited or abandoned, and open to the weather, shall inspect the same; and he shall forthwith in writing notify the owner to remove it or make it safe if it appears to him to be dangerous, or to make it secure if it is unused, uninhabited or abandoned and open to the weather. If it appears that such structure would be especially unsafe in case of fire, it shall be deemed dangerous within the meaning hereof, and the building official may affix in a conspicuous place upon its exterior walls a notice of its dangerous condition, which shall not be removed or defaced without authority from him. 123.2 Removal or making structure safe: 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 building or 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 mayor or selectmen so order, the building official may immediately enter upon the premises with the necessary workmen and assistants and cause such unsafe structure to be made safe or demolished without delay and a proper fence put up for the protection of passersby, or to be made secure. SECTION 124.0 EMERGENCY MEASURES 124.1 Failure to remove or make structure safe, survey board, survey report: If an owner of such unsafe structure refuses or neglects to comply with the requirements of such notice within the specified time limit, and such structure is not made safe or taken down as ordered therein, a careful survey of the premises shall be made by a board consisting; in a city, of a city engineer, the head of the fire department, as such term is defined in Section 1 of Chapter 148 of the Massachusetts General Laws Annotated, as amended, and one disinterested person to be appointed by the building official; and, in a town, of a surveyor, the head of the fire department and one disinterested person to be appointed by the building official. In the absence of any of the above officers or individuals, the mayor or selectmen shall designate one or more officers or other suitable persons in place of the officers so named as members of said board. A written report of such survey shall be made, and a copy thereof served on such owner. 124.2 Removal of dangerous or abandoned structures: If such survey report as outlined in Section 124.1 declares such structure to be dangerous or to be unused, uninhabited or abandoned, and open to the weather, and if the owner continues such refusal or neglect, the building official shall cause it to be made safe or taken 780 CMR - Fifth Edition 1-25 b � 7 -� � � — � � � � I� a rl J A� � � � 13� -. i l\ i ij �V � 'K p '4 �lp �� .� � � t ' y I� 4 V ______ _____ -- �ti��¢�-- tee.-� ��� �-�u'- - - - - -- - - - G���� ----.�- - - - f-�__--�- -- I i i i I I i I i I I II pp I I � I I I I I i I i I i i i I I I I, •; i I, I � I I ; I I I I I I May 14, 1993 Building Inspector/Fire Inspector City of Salem Salem, MA 01970 RE : 4 - 6 Cabot Street , Salem Dear Sirs : I am writing this letter with regard to the property located at 4 - 6 Cabot Street , Salem. As ,.a homeowner in this neighborhood, for the past thirty - years , I am quite disturbed at the condition of this dwelling , which abuts my property . The owner has allowed his property to become an eyesore in this neighborhood , a neighborhood which has been inhabited for many years by many of the same homeowners . The porches on the dwelling are in such a state of disrepair yew h - ha P harte. Called to support the second floor porches . _wnen Uf7is was Ng severalwweeexs4Aso , I was hopeful that he would soon repair the porches , but this was not the case . The ground floor porches are so rotten that there is a large hole in the front , not to mention the rot on the deck of the porch itself , which has been repaired many times over the years by covering the holes"withrplywood .' ,A ,2x4 across the stairway of one of the porches di'scourages entry to- that-porch. . Mr . Martineau must have observed all of the above in his passing by the dwelling . f d While the porches are _unsightly, - they__ are also hazardous ; ,to'the .mailman, the tenants of the building; and the neighborhood children : The- owner ' s mortgage holder� has• sent a representative to look at the buildi,ng .- .They have acknowledged that the building is in dire need*of repair and have advised the owner of same . In the past five years , the condition of .the property has deteriorated much more . Complaints have been made on many occassions by many of the neighbors , but to date no action has been taken . Because of the appearance of the abutting property, the value of my home will be drastically reduced should I decide to sell . Salem is a beautiful city . It is my understanding that the city is working with residents in beautifying its neighborhoods . The residents of the Cedar/Cypress/Cabot Street area would like to see some of that energy directed to this neighborhood , in particular , 4 - 6 Cabot Street . We take great pride in the upkeep and appearance of our properties for our benefit and for the benefit of the neighborhood . Thank you for your attention and anticipated cooperation in this matter . Very truly yours , Riarisse 2 Cypress St . , Salem July 30, 1593 RE: 4-6 CABOT STREET —_ _SALEM, MASSACHUSETTS 01970 To wham it may concern: As the owner of number one and three Cabot Street in Salem, Massachusetts, I am once again appealing to you to take the appropriate actions on number four and six Cabot Street to make it safe for all concerned. In the early fall of 1992, I requested that the building inspector check: the condition of the front porches of four and six Cabot Street which were and still remain in a severely deteriorated and dangerous condition. (Sagging roof, holes in the floor , inadequate railings, etc . ) The perches are in such bad repair that external supports are needed to hold them up. My major concern is for the safety of the neighborhood children who live and play in the area of four and six Cabot Street . In their enthusiastic behavior , they could easily bump one of these supports and bring the entire perch structure dawn on themselves or another . As the owner of the property directly across the street from four and six Cabot Street , I have concerns regarding the adverse effects of this property on the valuation of my property. As a property owner who has invested many hours and dollars in the effort to improve and maintain my property, I am dismayed that this building' s condition has such a negative effect on the value of my home and the homes of ethers in the neighborhood. I make a sincere and earnest request that the entire Board of Safety Inspectors do, their best to see that this building is brought into code. I thank: you for your anticipated prompt attention to this matter . V e0 /throp Bruce M. L zi� � � � � �� Susan Curtin-Novick 24 April 1993 51 Cedar Street Salem, MA. 01970 To : Building Inspector/ Fire Inspector Dear Sir : I am writing this letter with the hope that something can be done about the deplorable conditions of the house at 4 Cabot Street,Salem. I have been in this home at 51 Cedar Street,Salem since May of 1987 . I was a single parent at the time and struggled to maintain this home . I spent many hours and a lot of money to keep the house safe and prevent it from becoming an "eye sore" to my neighbors who took pride in how their homes looked too . The first two summers I spent here I had to look out my kitchen window at weeds taller than I am. My small backyard abuts this property and I wouldn' t even allow my two year old daughter to play in her own back yard for fear that there were rodents or other small animals living back there in that mess . The first time I ever saw the "slum- lord" who owns this property was when he finally came to cut the 4 foot high weeds in the summer of 1989 . Even today, the only time he ' s around is after a snow storm when he arrives with his snow blower about 9 p .m . at night . (How considerate! ) The house has never been painted and continues to peel . There are several children in the neighborhood and I wonder whether or not the paint that peels off the building is lead. The porches are currently being held up wooden 2x4 ' s, and I recently found out that the vacant apartments are not even locked. (A nice way to invite unwanted guests into our neighborhood) I have put my house up for sale and have had a lot of people come through it . My real estate agent tells me that many prospective buyers are quite turned off by the looks of the "dump" next door . My broker even tried to contact the owner of the building to find out what if any plans he had. The man wouldn' t even return the phone call ! It is my hope that this man be forced to do something about the condition of his property . Not only for the safety of his tenants (if there are any living there at all) , but for the safety of out children and common courtesy to other homeowners who take pride in the way the neighborhood looks . Thank you very much, ��J�44� zv-X4� 2 Cabot Street Salem, MA 01970 Building Inspector Ins April 23,1993 Salem, MA 01970 Dear Sir: As a resident and homeowner of 2 Cabot St. Salem, MA, I am seriously concerned about the structural safety of the 4 family apartment building next door at 4 and 6 Cabot St. Sagging porches and the general deteriorated condition of the exterior of the building present a hazard to people walking and children playing in the immediate area surrounding this house. In addition, the values of neighboring properties, which are well-kept, are decreasing because of the poor condition of this structure which has been allowed to deteriorate. I believe that the safety problems of this structure should be addressed before it collapses, causing personal injury or property damage . Sincerely, Louise DEsjardins i 4 -^ 3a, /993 ylaeee ��GU 3yG����-�-uc°� C'/� �/��tda.�/,�,/T,•�� G�2�ue,�irr�'i����, i } �1 1 � III ezz eov � � ����� I�f `i' . 1. �a 'fi' ,, { ��� ; .. ��; �. .. . 1 � !�t L.'. it - . fi L' ----A -._--- --- -- - -- -- - - --- - � -- -- --- - --- - -- -- -- ---- y 1 F r f i 1 APPLICATION Cd, ADULT NUMBER Trial Court of Massachusetts FOR COMPLAINT O JUVENILEJ District Court Department j ARREST = HEARING SUMMONS ', WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within Salem Olstriet Court named defendant. Charging said defendant with the offense(s) listed below. - 65 Washington Street i DATE OF APPLICATION I DATE OF OFFENSE PLACE OF OFFENSE Salem, MA.01M '/1? n? nn oinc 4-6 Cabot Street 1 NAME OF COMPLAINANT NO. OFFENSE G.L. Ch. and Sec Citv of Salem, Inspector of 3uildings ADDRESS AND ZIP CODE OF COMPLAINANT Inspector of Buildings 1. Front Stairs, disrepair One Salem Green Mass.State Bldg Code. Sec.10 .00/104.2 Salem 11A nlN0 2 Front Porch : Stairs Mass.State Bldg. Gode.Sec.12 .0/123.2 NAME,ADDRESS AND ZIP CODE OF DEFENDANT John Keernan Crest;•lood Lane 3. 1lotice of Violation Peabody, 'A 01960 Masss.State Bld .Code Sectior 121.2 4 Failur to remove or make safe. Mass.State a 3ec.124.1 DAT OF EARING TIME OF EARING COURT USE A hearing upon this complaint applicati UAT USE ONLY-----* will be held at the above court address n - AT ONLY CASE PARTICU S — BE §PECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY ROLL NO, Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAP person assaulted,etc. destroyed,etc. $250. Marijuana,gun,etc. 1 2 3 4 OTHER REMARKS: A letter was sent and received on 9/28/92. A letter was sent and received on 3/2/93, even after second letter the problem was not resolved. On 5/13/93 a third letter was sent, contact was made by phone and Mr. Kiernan was-.given twenty five (25) days to comply. Time has lapsed and problem still not resolved X _ S IGNAT E COMPLAINAN DEFENDANT IDENTIFICATION INFORMATION — COmple data belo If nown. DATEOF BIRTH PLACE OF BIRTH SOCIALSECURITY NUMBER SEX RACE HEIGHT I WEIGHT EYES HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME aZ) � � > r 0 -C-CR2(3158) << Public Proyertu Department Nuilbing Department (ane Salem Green 508-745-9595 FXt. 300 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer 9/28/92 Mr . John Kieran 6 Crestwood Lane Peabody Ma . 01960 Re: 4-6 Cabot St . Dear Sir : On September 24 , 1992 a site visit was made at the above mentioned address . Upon inspection it was noted that the front stairs and decks were in disrepair and in violation of the Massachusetts State Building Code , Section 104 regarding maintenance . Contact this office within seven ( 7 ) days of receipt of this notice . Failure to do so shall result in further legal action . Sincerely Maurice M. Martineau Acting Inspector Of Buildings cc : Ward Councillor City Solicitor APPLICATION ❑ ADULT NUMBER Trial Court of Massachusetts FOR COMPLAINT 1:1JUVENILE District Court Department ` ARREST LAAHEARING :JI SUMMONS WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within S&WlR Dlisi C j named defendant, charging said defendant with the offense(s) listed below. 65 yHEStMf4lAt1 Sbvm DATE OF APPLICATION DATE OF OFFENSE I PLACE OF OFFENSE Sellil MA GIM 6/29/94 ongoing 4-6 Cabot St., Salem NAME OF COMPLAINANT NO. OFFENSE Grt.. Ch. and Sec City of Salem, Inspector of Buildings ADDRESS AND ZIP CODE OF COMPLAINANT One Salem Green t. Mass. State B1dg.Code Salem, MA 01970 123.0/123.2 z. NAME,ADDRESS AND ZIP CODE OF DEFENDANT John E. Kiernan 6 Crestwood Lane 3. Peabody, 14A 01960 I a. j COURT USE I A hearing upon this complaint application DATE OFHEARUJG TIME OF HEARING COURT USE ! ONLY--* will be held at the above court address on 017 ) AT *—ONLY CASE PARTICULA — lit SPECIFIC 4 NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen.venal Over or under SUBSTANCE OR WEAPON j person assaulted.etc. destroyed.etc. 8250. Marijuana,gun.etc. i t 2 3 d OTHER REMARKS: Failure to cmmply with ruling from Salem District Court Magistrate. I X ' J ! � SIGNATURE OF COMPLAINA DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. i DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT ErES HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME L7 0 Z D Z n O -a DC-CR2 f3/881 APPLICATION ❑ ADULT +` BER ;�, Trial Court of Massachusetts FOR COMPLAINT ❑ JUVENILE 1, { s./_ , District Court Department C ARREST X HEARING ❑ SUMMONS J WARRANT J COURT DIVISION The within named complainant requests that a complaint issue against the within named defendant. charging said defendant with the offense(s) listed below. GJ W8&&MJtn sveet DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE S "k 01870 i 7/6/94 June 1994 4-6 Cabot St., Salem NAME OF COMPLAINANT City of Salem Inspector of Buildings NO. OFFENSE G.L. Ch. and Sec ADDRESS AND ZIP CODE OF COMPLAINANT One Salem Green Massachusetts State Building Salem, MA 01970 Codes 10 .11104.2 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT John E. Kiernan 6 Crestwood Lane 3. Peabody, MA 01960 4 COURT USE I A hearing upon this complaint application DATEOFHEARING TIMEOFHEARING COURT USE ONLY will be held at the above court address on i,/X�• ' I S AT E�/I A] F—ONLY CASE PARTICULARS 9L BE SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED ,NO, Owner of properly, Goods stolen.what Over or under SUBSTANCE OR WEAPON person assaulted.etcdestroyed.etc. $250. Marijuana.gun,etc. t 2 3 4 OTHER REMARKS: Failure to comply with Massachusetts State Building Codes; also with decision from Court Magistrate Mr. Grant. X SIGNATURE OF COMPLAINANT DEFENDANT IDENTIFICATION INFORMATION — Complete data below if known. DATEOFBIRTH PLACE OF BIRTH SOCIAL SECURITY NUMBER SEX RACE HEIGHT WEIGHT EVES HAIR OCCUPATION EMPLOYER/SCHOOL MOTH ER'S NAME(MAIDEN) FATHER'S NAME n 3 Z D Z I co O O a DC-CR2(31881 Tito of 11-#Utem, massar4usetfs Public PrupertU Department Nuilbing Department (.One 6nletn (rareen 500-745-9595 rxt. 3011 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 10, 1993 'ohn Kiernan 6 Crestwood Ln. Peabody, MA 01960 RE: 4-6 Cabot St. , Salem (R-2) Dear Mr. Kiernan: In response to a complaint received by this department an inspection was made of the above referenced property and it was determined that the porches are in an unsafe and hazardous condition. This condition presents an immediate danger to the safety and welfare of the public. You are hereby ordered to take immediate action to secure and make safe said porches. Failure to do so within twenty four ( 24) hours of receipt of this notice will result in this office taking the necessary egal action to insure that the porches are made safe . Sincerely, C� Leo E. Tremblav Inspector of Buildings LET:bms cc: Councillor Gaudreault. Ward 5 Certified Mail 0009 226 195 `���xti�-_ti ��� �ttlem, ,�ttstttttl�usE#ts Public Properig BgWtnent i; Nuilbing Department lone 0mitto Green (; 588-745-9595xf. 38Q Director of Public Property Inspector of Building Zoning Enforcement Officer March 2, 1993 John Kieran 6 Crestwood Ln. Peabody, NA 01960 RE: 4-6 Cabot St. , Salem (R-2) Dear Mr. Kieran: In response to a complaint received by this department an inspection was made of the above referenced property and it was determined that the porches are in an unsafe and hazardous condition. This condition presents an immediate danger to the safety and welfare of the public. You are hereby ordered to take immediate action to secure and make safe said porches. Failure to do so within twenty four (24) hours of receipt of this notice will result in this office taking the necessary legal action to insure that the porches are made safe. Sincerely, Leo E. Tremblay Inspector of Buildings LET:bms cc: Councillor Gaudreault, Ward 5 Cnitu of 3ttlem, malisac4usetts Public Propertg Department \A 4 • +Nuilbing Department (One t§alem (5reen 508-745-9595'Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer May 13, 1993 John Kiernan 6 Crestwood Lane Peabody, MA 01970 RE: 4-6 Cabot St. , Salem Dear Mr. Kiernan: After having made an inspection of the porches at the above referenced property, I was not satisfied with your methods of securing these porches. I am pleased that you have agreed to remove them as they present a danger to the safety and welfare of the public. I am requesting you to have these porches removed within twenty five (25) days of receipt of this notice. I would also remind you that work of this nature does require. a Building Permit. I thank you for your courtesy and prompt attention in this matter Fohn Jr ly,. Je i gs, III Asst Building Inspector JJJ:bms cc: Councillor Gaudreault, Ward 5 P 009 226 299 /4-6cab2/ Susan Curtin-Novick 24 April 1993 51 Cedar Street. Salem, MA . 01970 To : Building Inspector/ Fire Inspector Dear Sir : I am writing this letter with the hope that something can be done about the deplorable conditions of the house at 4 Cabot Street , Salem . I have been in this home at 51 Cedar Street,Salem since May of 1987 . I was a single parent at the time and struggled to maintain this home . I spent many hours and a lot cf money to keep the house safe and prevent it from becoming an "eye sore" to my neighbors who took pride in how their homes looked too . The first two summers I spent here I had to look out my kitchen window at weeds taller than I am . My small backyard abuts this property and I wouldn' t even allow my two year old daughter to play in her own back yard for fear that there were rodents or other small animals living back there in that mess . The first time I ever saw the "slum- lord" who owns this property was when he finally came to cut the 4 foot high weeds in the summer of 1989. . Even today , the only time he ' s around is after a snow storm when he arrives with his snow blower about 9 p .m . at night . (How considerate ! ) The house has never been painted and continues to peel . There are several children in the neighborhood and I wonder whether or not the paint that peels off the building is lead . The porches are currently being held up wooden 2x41s , and I recently found out that the vacant apartments are not even locked - (A nice way to invite unwanted guests into our neighborhood) I have put my house up for sale and have had a lot of people come through it . My real estate agent tells me that many prospective buyers are quite turned off by the looks of the "dump" next door . My broker even tried to contact the owner of the building to find out what if any plane lie had . The man wouldn ' t. even return the phone call ! It is my hope that this man be forced to do something about the condition of his property . Not only fo the safety of his tenants (if there are any living there at all ) , but for the safety of our children and common courtesy to other homeowners who take pride in the wav the neighborhood looks . Than : yoi:i very muc,;; 2 Cabot Street Salem, NIA 01970 April 23,1993 Building Inspector Salem, MA 01970 Dear Sir: As a resident and homeowner of 2 Cabot St. Salem, MA, I am seriously concerned about the structural safety of the 4 family apartment building next door at 4 and 6 Cabot St. Sagging porches and the general deteriorated condition of the exterior of the building present a hazard to people walking and children playing in the immediate area surrounding this house. In addition, the values of neighboring properties, which are well-kept, are decreasing because of the poor condition of this structure which has been allowed to deteriorate. I believe that the safety problems of this structure should be addressed before it collapses, causing personal injury or property damage . Sincerely, aQ . Louise DEsjardins /C. �`�.c!_C�cc�cf,.,tn4��c/ �f.i� cGr�riu L14-74 e I W. /bt ,i zGcj�/— i J r 0 i May 14 , 1993 Building Inspector/Fire Inspector City of Salem Salem, MA 01970 RE : 4 - 6 Cabot Street , Salem Dear Sirs : I am writing this letter with regard to the property located at 4 - 6 Cabot Street , Salem. As a homeowner in this neighborhood for the past thirty vears , I am quite disturbed at the condition of this dwelling , which abuts my property . The owner has allowed his property to become an eyesore in this neighborhood , a neighborhood which has been inhabited for many years by many of the same homeowners . The porches on the dwelling are in such a state of disrepair I-F. ' ^ ha e heron + talled to support the second floor porches . en this was gorne several weexa o,n . I was hopeful that he would soon repair the porches , but this was not the case . The ground floor porches are so rotten that there is a large hole in the front , not to mention the rot on the deck of the porch itself , which has been repaired many times over the years by covering the holes with plywood . A 2x4 across the stairway of one of the porches discourages entry to that porch . Mr . Martineau must have observed all of the above in his passing by the dwelling . While the porches are unsightly , they are also hazardous ; to the mailman , the tenants of the building , and the neighborhood children . The owner ' s mortgage holder has sent a representative to look at the building . They have acknowledged that the building is in dire need of repair and have advised the owner of same . In the past five years , the condition of the property has deteriorated much more . Complaints have been made on many occassions by many of the neighbors , but to date no action has been taken . Because of the appearance of the abutting property , the value of my home will be drastically reduced should I decide to sell . Salem is a beautiful city . It is my understanding that the City is working with residents in beautifying its neighborhoods . The residents of the Cedar/Cypress/Cabot Street area would like to see some of that energy directed to this neighborhood , in particular , 4 - 6 Cabot Street . We take great pride in the upkeep and appearance of our properties for our benefit and for the benefit of the neighborhood . Thank you for your attention and anticipated cooperation in this matter . Very truly yours , Rita Darisse 2 Cypress St . , Salem July 30, 1993 RE: 4-6 CABOT STREET SALEM, MASSACHUSETTS 0197i! To whom it may concern: As the: owner of number- one and three Cabot Street in Salem, Massachusetts, I am once again appealing to you to take the appropriate actions on number four and six Cabot Street to make it, safe for all concerned. In the early fall. of 1992, I reques=ted that, the building inspector check: the condition of the front parches of four and six Cabot Street: which were and still remain in a severely deteriorated and dangerous.: rendition. (Sagging roof , hales; in the floor , inadequate railings, etc . i The porches are in such bad repair that external supports are needed to hold them up. My major concern is for the safety of the neighborhood children who live and play in the area of four and six Cabot Street . In their enthusiastic= behavior , they could easily bump one of these support_, and bring the entire porc structure down on themselves; or another . As the owner of the property directly across the street from four and six Cabot Street , I have concerns regarding the adverse effects of this property: on the valuation of my property. As a property saner- who has invested many hours. and dollars in the effort to improve and maintain my property, I am dismayed that this building' =s condition has such a negative effect on the value of my home and the homes of ethers; in the neighborhood. I make _ sincere and earnest request that the entire Beard of Safety Inspectors_, do their best to see thy.., this building is brought into .ode. I thank you for your anticipated prompt attention to this matter . .01 truly vcurs,. 76/3 Bruce M . 1-4shrop ) /sl-v 10, ate.- Ez- i \ J �u\ 3 A.1 L� I I THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINALS) IM /A-�C&L DATA r a ,, 64. 4 1 .r. +.a x- r. s �� o- Est. Ire� ; d r. a - D Y � G' y _t C cl ofttlern, IttssttrllusEtto Public Propertq #9epartment +Nuilbing Department (One #nlem 19reen 588-745-9595 Ext. 388 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 4 , 1995 John E . Kieran 6 Crestwood Lane Peabody, Mass . 01960 RE : 4-6 Cabot Street Dear Mr . Kieran: This office has been notified by the owners of 2 Cypress Street that the temporary poles that are being used to supports the roof at 4-6 Cabot Street are on there property. They requested this office to notify you they, would like to have them removed from their property. You were also to supply this office with documents showing only one person is renting the left hand unit on the first floor. Renovations of the property was to begin prior to December 1 , 1995 . To this date no permits have been applied for. Please notify this department within fifteen ( 15 ) days upon receipt of this letter as to your course of action to rectify this issue . Failure to do so will result in legal action being taken against you . Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E . Tremblay Inspector of Buil ngs LET: scm cc: David Shea Tom Keough Councillor Gaudreault, Ward 5 Certified Mail P 921 991 869 TO d , 2:] Date Q'�_ Time Z ❑ PMM WHI( E YOU WERE OUT M6�c of Phone( Area Cade Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU JURGENT RETURNEDYOUR CAII rn �� Message ..-�i- c/, reorder 27.700 Operator Green Cycle" {-�¢Q Q� RECYCLEOPAPER Sa 1 Leo Jo�.n Cc�w�G lh 017�:\,C2 0131 S��w: t�oS 100009.,�Jx 1 4,14, S !kms !✓ e n ke- REHABILITATION ESTIMATE: 4-6 CABOT STREET SALEM, MASSACHUSETTS NARRATIVE COST WRITE UP PREPARED FOR: FIRST EASTERN MORTGAGE CORP. ATTENTION: MIKE CHADBOURNE APPLICANT: JOHN KIERAN 203K. 189 PREPARED BY: GREGORY C. STORY PLAN REVIEWER/INSPECTOR, CHUMS # 1030 EFFECTIVE DATE OF REPORT: MAY 25, 1995 i Draw Request U.S.Dan...,at HdasMq Section 203(k) and Urb.e D...1.1.1 clime al H...in, OMB Appoual No.25024386 Bermwei s Name 6 Penalty Address: LeMei s Name 6 Attitudes: LHACaseNum.p, John Kieran First Fastern Mortgage Corp.re 4-6 Cabot Str t 100 8rickstcdve a Dray.He. bate: Andover MA 01810 I-ii llwl I clad Ina,'born,1.cIteNe wile die wrorH.ecepulu.1,new'vnnanla Ivnc4nli.p Iwan6 niM xa1wY1 ii N.MIwu4 L906 1, Ino xl Y d ed eupaps W,M e.liv,eL re ntran e,see bled M auWmn Iwo Mbw:me cePYek Iw 11 wlJila al IN s eenY rl Nr ro w goywcliw.MIM proven,.Wpec.. wµrotted.of ane mwlpaye.rep.pen in mY kroxMlwel Imre�tweed all m.,ueuv cone a an sun pnpaatl new meets an HUD repnemanla Iw Mint leresur alkni kbneaw MxwwNa. risen Bovie a S' 6 .t I.D.Number: _ SuPwNaa Comkgeicr eesewe Allmwl,: X 1030 $ 9,591.00 Total Cost of Rahatilie tern Count,lredon Ta al Peevbus ncaues,lm HUD2DE Accepted Item Escape, Draw Totals TWs Draw Allwunm Tom, Cal.1 Col.2 X' Col.3 % % t MasomY 1,200.00 1. 2 sin_ _20,370.00 2. 3 GutturdD nr, ts. 3. a Roof 4. S.Studies 5. A.Entries, 15 600.00 6. 7.Walks 7. 8 Driveway. I 8. 9 Poinfl (Ext.) 1,200.00 S. 10 Udear, 396.00 10. I talent, 525.00 Ill. 12 Gradin, 12, 13 Windows 19 550.00 13. l4 Weathering, 14. 1s Been.,En.1 4,600.00 - 15. 16 Dares Rnl.l 16. 17 Partition Wall 17. 18 PlasmlDr wall 1B. 19 Decorating 8 600.00 0- 20 Wopd Tl,m 20, 21 Suits 2,500.00 21. 22 Closers 22. 23 wow near, 456.00 23. 24 Finished Roos 910.00 24, 25 Ceramic T9e 400.00 25. 26 Dash Accessories 75.00 26. 27, 2,830.00 n. 2e Electrical 8,430.00 28, 29 Hu,n,n, 29. 30 Insulation 6 420.00 30. 31 Ca,dnev, 450 00 31. 32 Anih-1,Ls 32. 33 Ban,elnenls 3, 34 Eleanun 1 400,00 34. 35 Miscellaneou 35. 36 rdra,t 95.912.00 36. I Ilemby c ni,y tMt al,IM in attention stated Ims ern,as well as any pdoemation provided in dre,acconpaumen nerewuh.is true and accurate. Wanie,:HUD will Wosecute bleu cane,just slnjroms.Cmrklidn are,result M t'-jtlear civil Pwuere.ea us c,tom.tele.,our:an Is c.311a.3bon len amw rues s-.tt a Iw W,,.All aaryen.d well Pu M.n.in.eateraaiYa 4nwn a0ara .-.I nere,sural,b,M suM coa, uneen.ien..a w3IWuh a Cjee,center a1G,MnN N ordeal are appovl al IM MMer.I alw ..Idw.utl n .H1X I ud.ori rot M ...ed una i..4 Y w w]yYl.jtl m-u ed n nwlu a Went 1-L-Wucue wl law nµ.ywn.Aem lawiw1 1im16011 IM nwW x n mw -c-. W as u eaw wN ao dulutunreeuuud UY Ian Mn.µuwj�µe«auwd.. Barrows'.Sneabae 6 Dae:. X Q Owner Occupied O NvezmelBuilw, lu Juror lepwn a ulenned,w payne d At cmgemd wed,Mt en dwn n.wwknuNike nunlwr.I uMttjarN Ibar.1 %ne diii. oral 7G,ell rebased urer we'll w e-rulu ed ad n it delrnwwd ......cMnr'e and m.la turner s limn ne-been lased en vreµeven,. GaKKW cr nnactq Y SgMlwe 6 Dale:lit and: X w aaw anlwnn.le aaaepm6W a.aro,•t mdW ora n IM eerot c Fee kaPeaoi c Siyeuona 8 Dam: 1A.Nu.fit X Apaoved aur Release This Draw Totals to Dam Total]ram Above $ $ payalAe to 1Iw eesmwer,� .1.1.0 PaYeWe 1.ale Poe p"re ctarr $ $ Less 10%.Holdback $ 5 Paya le to: Net Amoun,Due Bwmwer $ 5 Slgnwre"6P Adaiuunal Almums Released X ten Allowable Feet 5 $ r�I LJ Nuo n aUem O DE u -036 navel term HUD 9746 A 01941 ref Handtwok 4240A uMPMMnf FIUmIS.ntlW15]l.]]9t IIIIIIII VIII IIII IIIIII IIII IIII IIII IIIIU C/6E N11MIu lu Lpl,l:: • 10 CAULKING u, IGnI Oq 1 W Da .Wa Ou wwe la w'Iwu.oiW ila�uta nurwwaro wusm. C.a0 wimwa e�W aw...w..a EA 6.00 66 396.00 Q Maw Q Maw a Q M.-6 Tlrie Pwlun of rin wM wt fie Euu 6Y:k1Y4 aml 00. ®CmN,no, Q SUDeoN.,na Cwr EWvwe AN. Q Yu ®No %wo Fv,uIW Dy- ®No MG,,e,l Frm'nIW D'A' ®Ib Sea Mario ion of aurerials IVA 126IBSLIMIO FBIOJ6.V001]01 Such... 01.1 Uocunrrn.Mw: Cwmw a: SUB-TOTAL SECTION No. 10 s 396.00 11.FENCING WI FCmI O,r Tal& Dnvibs G....Se Ewn...keniieemalmiNawbuwE. * wrw new IO.IGiy LF 2CR 15.00 35 525.00 Q Maw I fla.a.l e.nloq Imcinp IS _ _ Q Maw 2 Q Maw 9 Q paw, Q M.-5 This ocaGon of rN—k wA W acre.,:lUaca blel Q Oww F,1 Con—or E-1—GO, Cool @lunare ANarAea Q Yea O No Rob FurvsMa Dyes ©No DaW—Furoaswa Q Yas ©No $ee aeaviplion of malerWs lVA I261B52MU0192W5.VMP./l01 See idem 00.axumnrwlion: Corlww..l.: * Chain link in rear yard, left rear. SUB-TOTAL SECTION No.11 $ 525.00 12.GRADING Mn F COO MY Tara 0..r.O.uw.,arF 10 a aaw.aIW Imrrvea m.laim le o.a.ea. PonwW aabia Irpn YarW. Q Maw I lirvslr esrR Ilwn yNa LS Q Maw 2 Go,eeea Q M,w Q Maw 4 Q Maw 5 TNe Gonion Of 1.waM1 wA M anw 61:ICIwrA ere1 Q ow.., Q Cm.....w Q SWreonr.aa.a, Cos.EalWure Alla4wa Q Yes QNO R ,.Fw.. Q Is. ONO Oiayam I..,.d Q Ye, Q No , See aaeaiplon OI nale,uls IVA 46 1052"".92005.VMO 4301 Sea nan 01Mr aocunv.l.am. Camrenla: SUB-TOTAL SECTION No.12 f None 13.WINDOWS UM1I F cos, Dry TOIa Deaa4a IN wM lO Se aaw.uW har i3O rmlgi41. www * AGO.saw'GO(Go wQMawI wows— vinyl EA 320.00 46 14,720.00 Q Mewl WgYea...a al«,- Q Maw xz,ax trim a 40.00 46 1840.00 QMaw4 RegacO as,arM sYs al Q Maw 5 EA 50.00 10 500.00 * Ixs4 .meenml winaaw. EA 150.00 12 1,800.00 I1eGNce azaea .. pees CA nepwc.wassase* ine Go A Nepe./Ileows.mieei, EA Tbi porion al aw waE wY be aaw q:lc\1.avl Q o— ®con­­ Qu sOG G ac.a Co.,Esrimare A,,-.d Q Yas ©NO Rw.O Fwnumd Q Yae ®HO Ma mn Fwnislwe Q Yee ®No Saw 4SCIWI n 01­Lols IVA I261852MUO 492005,V WP-43UI Sae irem Nos. 01.axm Camwnrs' * Harvey Classic S Harvey Majaistic wood SUB-TOTAL SECTION No. 13 * Harvey 1. Install ledger board on all windows on 06 side to have s 19,550.00 windows match 04 side. $30.00 EA x 23 = $690.00 APPLICATION ❑ ADULT NUMBER Trial Court of Massachusetts FORCOMPLAINT F-1 JUVENILE District Court Department i ❑ ARREST EARING U SUMMONS WARRANT COURT DIVISION The within named complainant requests that a complaint issue against the within S` n named defendant, charging said defendant with the Offense(S) listed below. 10,111111111111 cowt DATE OF APPLICATION DATE OF OFFENSE PLACE OF OFFENSE ti� 6/29/94 ongoing 4-6 Cabot St., Salem Salem III 01M NAME OF COMPLAINANT City Or Salk, Inspector of Buia/ings NO. OFFENSE G't. Ch. and ADDRESS AND ZIP CODE OF COMPLAINANT One Salem Green 1. Mass. State B1dg.Code Salem, MA 01970 123.0/123.2 2. NAME,ADDRESS AND ZIP CODE OF DEFENDANT John E. Kiernan 6 Crestwood lane 3 Nabodyr MA 01960 4. COURT USE A hearing upon this complaint application DATE HEARING TIME OF HEARING COURT US ONLY--* will be held at the above court address on ` f� /t ) AT �/ I OURT U ` CASE PARTICULA — Ift SPECIFIC NAME OF VICTIM DESCRIPTION OF PROPERTY VALUE OR PROPERTY TYPE OF CONTROLLED NO. Owner of property, Goods stolen,what Over or under SUBSTANCE OR WEAPON person assaulted,etc. destroyed,etc. $250. Marijuana.gun,etc. t _ 2 3 4 OTHER REMARKS: Failure. to t=ply with ruling from Salem District Court Magistrate. X SIGNATURE OF COMPLAINA DEFENDANT IDENTIFICATION INFORMATION — Complete data belOW it known. DATE OF BIRTH PLACE OF BIRTH SOCIAL SECURITYNUMBER SEX RACE HEIGHT WEIGHT E S HAIR OCCUPATION EMPLOYER/SCHOOL MOTHER'S NAME(MAIDEN) FATHER'S NAME I of I�tticm, fttssttr4usetts Public Propertq Department +Nuilbing Bepartment (One #stem (5reen 500-745-9595 Ext. 380 Leo E. Tremblay Director of Public Property Inspector of Building October 2, 1995 Zoning Enforcement Officer John E. Kieran 6 Crestwood Lane Peabody, Mass. 01960 _. 5-6 Cabot Street, Salem, Mass. Dear Mr. Kieran: This office has received a complaint concerning the above mentioned property as being illegally used as a five (5) family dwelling. The files in this office indicate this building as being a four (4) family and we have no records of permits having been issued to convert it to a five (5) family dwelling. Please contact this office upon receipt of this letter so we may determine if this property qualifies per State Building Codes and City of Salem Ordinance to be a five (5) family dwelling. Thank you in advance for your anticipated cooperation regarding this ;atter. Sincerely, Leo E. Tremblyy Inspector of Buildings LET: scm cc: Councillor Gaudreault, Ward 5 Certified Mail # 921 991 843 :ENDER: Complete items 1 and/or 2 for additional services. I also wish to receive the I • Complete items 3,and as x b. following services(for an extra fee): i • Print your name and address on the reverse of this form so that we can return this card to YOU 1. ElAddressee's Address • Attach this form to the front of the mailpiece,or on the back if space does not permit. • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery The Return Receipt Fee will provide you the signature of the person delivered to and the Consult date of deliver postmaster for fee. 3.Article Addressed to: 4a.Article Number UNE 1• P 921 991 869 I 1 71 r; 4b.Service Type 0r CERTIFIED z 0 m 7.Date of Delivery I I � m 5.Signature—(Addressee) S.Addressee's Address 1 m (ONLY it requested and tee paid.) 1 1 6.Signature—(Agent) I I I PS Form 3811,November 1990 DOMESTIC RETURN RECEIPT 1 I United States Postal Service II ( ( I I � { I Official Business I I 1 PENALTY FOR PRIVATE USE,$300 f � I ' � Illwu��ll�lulu�l�luu�ll�lu�lul�l�ln�lu�ll INSPECTOR OF BUILDINGS ONE SALEM GREEN SALEM MA 01970-3724 i I i +� I I We21 CITY OF SALEM BUILDING DEPARTMENT P 921 991 E„� Pf SALE U. .Poyl�p CITY HALL ANNEX o. •� *f n ONE SALEM GREEN OEC-4'95 MA SALEM, MASSACHUSETTS 01970 __ a m - v MA H METER 501959 +tl r 1 John E. Kieran GCr ood yl Ll �utn...-..r.� of ti�ttlEm, Massar4usetts Public Vropertg i9epartment +Nuilbing Department (One t�slem (careen 500-745-9595 Ext. 300 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer December 4 , 1995 John E . Kieran 6 Crestwood Lane Peabody, Mass . 01960 RE : 4-6 Cabot Street Dear Mr. Kieran: This office has been notified by the owners of 2 Cypress Street that the temporary poles that are being used to supports the roof at 4-6 Cabot Street are on there property. They requested this office to notify you they would like to have them removed from their property. You were also to supply this office with documents showing only one person is renting the left hand unit on the first floor. Renovations of the property was to begin prior to December 1 , 1995 . To this date no permits have been applied for. Please notify this department within fifteen ( 15 ) days upon receipt of this letter as to your course of action to rectify this issue . Failure to do so will result in legal action being taken against you . Thank you in advance for your anticipated cooperation in this matter. Sincerely, Leo E. Tremblay Inspector of Buil ngs LET: scm cc: David Shea Tom Keough Councillor Gaudreault, Ward 5 Certified Mail P 921 991 869 SENDER: I also wish to receive the • Complete items 1 and/or 2 for additional services. • Complete items 3,and 4a&b. following services (for an extra • Print your name and address on the reverse of this form so that we can fee): return this card to you. • Attach this form to the front of the meilpiece,or on the back if space ' 1. ❑ Addressee's Address n. does not permit. N • Write"Return Receipt Requested"on the mailpiece below the article number, 2 ❑ Restricted Delivery N 'y • The Return Receipt Fee will provide you the signature of the person delivere W m to and the date of delivery. Consult postmaster for fee. it G ® 3. Article Addressed to: 4a. Article Number °a John Kiernan P009 226 195 r 6 Crestwood Lane 4b. Service Type F Peabody, MA 01960 El Registered ❑ Insured w a �9<ertified EI CLOD Cabot` St 11Express•Mail I/1 a'�rn Receipt for S RE: 4-6 Cab 7. Date of Delivery eE — o 0 5. Signature (Addressee) 8. Addressee's Address(Only if requested and fee is paid) 6. Signature (Agent) PS Form 3811, November 1990 *U.S.GPO:1991-287-086 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE Official Business II i PENALTY FOR PRIVATE USE, 8300 Print your name, address and ZIP Code here Leo E. Tremblay, Inspector of Buildings One Salem Green Salem, MA 01970 I CITY OF SALEM ' FEB 2 d P 1709 226 195 U.S.POSTAGE* i BUILDING DEPARTMENT CITY HALL ANNEX ONE SALEM GREEN FE 93 •,'Q SALEM, MASSACHUSETTS 01970C5 .FCB — :-1s 1r b do 41'r sc Joe <, apo"t, � . � ... Jo an ISt NotIC p� 2nd �t;F1 F Re#urq y�1 Y-y3 II11I„:,IIIllliIn11111milhill11111di1111„JI i � _ — — a r TitV of *tt1Etu, Massar4uaetts Vublic Propertg Repartment Nuilding Department Out 6alem (green 588-745-9595 Ext. 388 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 10, 1993 John Kiernan 6 Crestwood Ln. Peabody, MA 01960 RE: 4-6 Cabot St. , Salem (R-2) Dear Mr. Kiernan: In response to a complaint received by this department an inspection was made of the above referenced property and it was determined that the porches are in an unsafe and hazardous condition. This condition presents an immediate danger to the safety and welfare of the public. You are hereby ordered to take immediate action to secure and make safe said porches. Failure to do so within twenty four (24) hours of receipt of this notice will result in this office taking the necessary legal action to insure that the porches are made safe. Sincerely, Leo E. Tremblay Inspector of Buildings r i LET:bms cc: Councillor Gaudreault, Ward 5 , Certified Mail #P009 226 195 SENDER: • Complete items 1 and/or 2 for Edditional services. I also WISh t0 receive the • Complete items 3,and 4a&b. following services (for an extra • Print your name and address on the reverse of this form so that we can fee): return this card to you. • Attach this form to the front of the meilpiece,or on the back if space 1. ❑ Addressee's Address does not permit. • Write"Return Receipt Requested"on the mailpieee below the article number. 2. .D Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivers to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number John Kiernan P 009 226 299 6 Crestwood Lane 4b. Service Type Peabody, MA 01960 ❑ Registered ElInsured kCertified ❑ COD ❑ Express Mail Return Receipt for RE- 4 C t St. , Salem Merchan is 7ftee of Delivery 5. urs (Addressee) 8. Addressee's Address (Only if requested and fee is paid) 6. Signature (Agent) PS Form 3811, November 1990 *U.S.GPO:1991-287-M DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE s ��.�-ES,g r F f� ' Official Business � D 15 114 Y Mg3 _. PENAUTY-FOR PRIVATE USE, 3300 Print your name, address and ZIP Code here •John Jennings, III , Ass 't Bldg. Insp. One Salem Green Salem, MA 01970 2 ( 2 v�s � ITEM• PUBLIC PR Ah REQ. VENDOR ITE mw ,xi 1 V ) V vI � , �-' ' � �0��� -� � � 3 �z� 1 = > ia � i . . , � ,�9 ,. n ;I i !it -� _ �_ .. 1 .� _.. , ...... ..... . ... .. .. . .. . ... . ._ . ,... , .. .I o o .,.o o ���� � � 'o SENDER: • Complete items I and/or 2 for additional services. I also Wish to receive the • Complete items 3,and 4a&b. following services (for an extra • print your name and address on the reverse of this form so that we can fee): return this card to you. • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address does no:permit. • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivers to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Numb r 9/ /� 4b. Service Type �/Lt. pa-�✓ C,G���, ❑ Registered ❑ Insured CCertified ❑ COD ❑ Express Mail ElReturn Recoipt for Merch ndis J 7. Date of eliverx �� ---• . Signature IAddf sse 1 8. Addressee's Address (Only if requested �� °"�/ and fee is paid) '75/8zil;6' did, b xc r f X i £p 6. Signature,(Agent) - 'PS Form 9 Y;Nove ber lsso *U.S.GPO:1991-287-066 DOMESTIC RETURN RECEIPT `JS UNITED STATES POSTAL SERVICE I II II I Official Business PENALTY For PRIVATE USE, $300 Print your name, address and ZIP Code here �_ '' �\ �:T ItHA TENANCY AT WILL Date:_'kcelw1 ey- /4Z LANDLORD � rLU /1 �PI�LQ�? (� CretTuroa2� Poe? ILLI i 1�'fG� rents and the -�v / ,�,/ (Na �me , �Address,and Telephone Number) TENANT: CA77, Pit/eh /.J�—�y,-�C1�TTy- -s,6 �S�Fi� 1�'J ��e,A/;e, - hires the PREMISES at: /, Ca hU 1 �^.S7_ t SO&' /S7"fGoo/-- consisting of c�/20eI M,S L✓r / h U-7 i 1, /'i!it (Unheated) /'� -�r� ),.T' (Circle one) at a RENT of$.sem per-MO///h payable on the I'STT day of each Jllpt]T6 in advance, (missir,month) the rental period commencing on Jie,G Landlord rents to Tenant the premises at the specified rent from rental period to rental period.This tenancy may be terminated by a written notice given by either party to the other before the first day of any rental period and shall be effective on the last day of that rental period,or thirty days after such notice has been given, whichever is longer;provided, however, that in the event of any breach by Tenant of this agree- ment, Landlord shall be entitled to pursue any and all rememdies provided or recognized by applicable law.This tenancy shall be under the fol- lowing terms and conditions: 1. CARE OF PREMISES -The Tenant shall not paint,decorate or otherwise embellish and/or change and shall not make nor suffer any ad- ditions or alternations to be made in or to the premises without the prior written consent of the Landlord, nor make nor suffer any strip or waste, nor suffer the heat or water to be wasted,and at termination shall deliver up the premises and all property belonging to the Landlord in good, clean and tenantable order and condition,reasonable wear and tear excepted.No washing machine,air-conditioning unit,space heater, clothes dryer, television or other aerials, or other like equipment shall be installed without the prior written consent of the Landlord. No waterbeds shall be permitted in the premises. . 2. MAINTENANCE -For maintenance,if other than Landlord contact: it-)ha F kj'e42h 6 rre,sTwnnd 1-uhe A."iaQy S3/--67� (Name) (Address) (Telephone No.) 3. CLEANLINESS - Tenant shall maintain the premises in a clean condition and shall not sweep, throw, or dispose of nor permit to be swept, thrown, or disposed of, from said premises nor from any doors, windows,balconies, Porches or other parts of said building,any dirt, waste, rubbish, or other substance or article into any other parts of said building or the land adjacent thereto,except in proper receptacles and except in accordance with the rules of Landlord. 4. DISTURBANCE, ILLEGAL USE - Neither the Tenant nor his family,friends,relatives,invitees,visitors,agents or servants shall make or suffer any unlawful, noisy or otherwise offensive use of the premises,nor commit or permit any nuisance to exist thereon,nor cause damage to the premises, nor create any substantial interference with the rights,comfort,safety or enjoyment of the Landlord or other occupants of the same or any other apartment,nor make any use whatsoever thereof than as and for a private residence.No articles shall be hung or shaken from the windows,doors,porches,balconies,or placed upon the exterior windowsills. 5. COMMON AREAS -No receptacles,vehicles,baby carriages or other articles or obstructions shall be placed in the halls or other common areas or passageways. 6. HEAT AND OTHER UTILITIES- The Tenant shall pay,as they become due,all bills for electricity and other utilities,whether they are used for furnishing heat or other purposes,that are furnished to the premises and presently separately metered. The Landlord agrees that he will furnish reasonably hot and cold water and reasonable heat (except to the extent that such water and heat are furnished through utilities metered to the premises as stated above) during the regular heating season,all in accordance with the applicable laws,but the failure of the Landlord to provide any of the foregoing items to any specific degree,quantity,quality or character dueto any causes beyond the reasonable control of the Landlord,such as accident, restriction by City,State or Federal regulations, or during necessary repairs to'the apparatus shall not (subject to applicable law) form a basis of any claim for damages against the Landlord. This section governs utility payments. Be sure to discuss with the Landlord those payments which will be required of you for this apartment. 7. KEYS AND LOCKS - Landlord shall,within a reasonable period of time following receipt of notice from Tenant of such condition,re- pair or replace any defective exterior locks. Locks shall not be changed, altered, or replaced nor shall new locks be added by Tenant without written permission of Landlord. Any locks so permitted to be installed shall become the property of Landlord and shall not be removed by Tenant.Tenant shall promptly give a duplicate key to any such changed,altered,replaced or new lock to the Landlord. COPYRIGHT© 1955,1970,1975,1976 GREATER BOSTON REAL ESTATE BOARD (Revised April 1978:supercedes previous forms) -ADOPTED BY THE RENTAL HOUSING ASSOCIATION OF THE -�- AGREATER BOSTON REAL ESTATE BOARD (RHA FORM NO.3) 8. LOSS OR DAMAGE —Tenant agrees to indemnify and save Landlord harmless from all liability,loss or damage arising from any nuisance made or suffered on the premises by Tenant,his family,friends,relatives,invitees,visitors,agents,or servants or from any carelessness,neglect, or improper conduct of any of such persons. Subject to the provisions of applicable law, Landlord shall not be liable for damage to or loss of property of any kind while on the premises or in any storage space in the building nor for any personal injury,unless caused by negligence of Landlord. 9. PARKING —Parking on the premises of Landlord 10. PETS — No dogs or other animals,birds,or pets shall be kept in or upon the premises without Landlord's written consent;and consent so given may be revoked at any time. 11. PLUMBING — Water closets, disposals, and waste pipes shall not be used for any purposes other than those for which they were con- structed,nor shall any sweepings,rubbish,rags,or any other improper articles be thrown into the same. 12. REPAIRS — Tenant shall at all times keep and maintain the premises and all equipment and fixtures therein or used therewith repaired, whole and of the same kind,quality and description and in such good repair,order and condition as at the commencement of occupancy,or as may be put in thereafter, reasonable wear and tear and damage by unavoidable casualty only excepted. Landlord and Tenant agree to comply with any responsibility which either may have under applicable law to perform repairs upon the premises. If Tenant fails within a reasonable time to make such repairs or improperly makes such repairs,then and in any such event, Landlord may (but shall not be obligated to)make such repairs and Tenant shall reimburse Landlord for the reasonable cost of such repairs in full,upon demand. 13. RIGHT OF ENTRY —The Landlord may enter upon the leased premises in case of emergency,to make repairs thereto,to inspect the premises, or to show the premises to prospective tenants, purchasers, or mortgagees. The Landlord may also enter upon the said premises if same appear to have been abandoned by the Tenant or as otherwise permitted by law. 14. OCCUPANCY OF PREMISES —Tenant shall not assign nor underlet any part or the whole of the premises,nor shall permit the premises to be occupied for a period longer than a temporary visit by anyone except the individuals specifically named in the first paragraph of this tenancy,their spouses,and any children born to them hereafter,without first obtaining on each occasion the assent in writing of Landlord. 15. NOTICES —Written notice from the Landlord to the Tenant shall be deemed to have been properly given if mailed by registered or cer- tified mail,postage prepaid, return receipt requested to the Tenant at the address of the premises,or if delivered or left in or on any part there- of, provided.that if so mailed,the receipt has been signed,or if so delivered or left,that such notice has been delivema to or left with,the Tenant or anyone expressly or impliedly authorized to receive messages for the Tenant,or by any adult who resid4ns won tna Tenant in the premises.Written notice from the Tenant to the Landlord shall be deemed to have been properly given if mailed by registered of certified mail, postage prepaid, return receipt requested,to the Landlord at his address set forth in the first paragraph of this agreement,unless the Landlord shall have notified the Tenant of a change of the Landlord's address,in which case such notice shall be so sent to such changed address of the Landlord,provided that the receipt has been signed by the Landlord or anyone expressly or impliedly authorized to receive messages for the Landlord.Notwithstanding the foregoing,notice by either party to the other shall be deemed adequate if given in any other manner authorized by law. 16. TRUSTEE — In the event that the Landlord is a trustee or a partnership,no such trustee nor any beneficiary nor any shareholder of said trust and no partner, General or Limited, of such partnership shall be personally liable to anyone under any term,condition,covenant,obliga. tion, or agreement expressed herein or implied hereunder or for any claim of damage or cause at law or in equity arising out of the occupancy of said premises,the use or the maintenance of said building or its approaches and equipment. 17. COPY OF AGREEMENT—Landlord shall deliver a copy of this agreement,duly executed by Landlord or his authorized agent,to Tenant within thirty (30) days after a copy hereof,duly executed by Tenant,has been delivered to Landlord. 18. REPRISALS PROHIBITED — Landlord acknowledges that provisions of applicable law forbid a landlord from threatening to take or taking reprisals against any tenant for seeking to assert his legal rights. 19. ADDITIONAL PROVISIONS— Tra-0 pay /IS Frr'day-S SQ'Ta r,1q o17 ffo ll rola y / W �5 l�Ga�P� �uT aa`' G1�rJo For Pr`GCuP IN WITNESS WHEREOF,the said parties hereunto and to another instrument of like tenolwhave se eir hands and seals on the day and year first above written. d of Tena t CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH S,Iem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741.1000 John E Kieran 6 Crestwood Lane Peabody, Ma 01960 Dear Sir/De.r Madam: In accordance with Chapter 111, Section, 127A and 1278 of the Maes. General Laws, 105 CHR400.000: State Sanitary Codes Chapter I: General Administrative Procedures and 105 CMR410.000: State Sanitary Code, Chapter Ill Minimum Standards of Fitness for Iluman Habitation, an inspection was made of your property located at4 __ Cahnt 4f oaf In Salem, Massachusetts. The following violations of the State Sanitary Code were noted, sa checked off: ITEM I RECUTATION VIOLATIONS 1. CHR 410:600 Storage of rubbish and garbage 2. CHR 410:601 Collection of garbage and rubbish 1. CKR 410:602 Maintenance of areas from garbage 6 rubbish (A thru D) 4. Reg.07 Sect. Board of Health Regulations 1.10 You are hereby Ordered to make a good-faith effort to correct these violations within twenty-four (24) hours':of receipt of this Notice. 410.600: Scorage of Rubbish and Garbage Ji_L Garbage or mixed garbage and rubbish shall be scored in watertight receptacles with tight-fitting covers. Said receptacles and covers shall be of metal or other durable, rodent-proof material. Rubbish shall be stored in receptacles of metal or ocher durable, rodent-proof material. Garbage and rubbish dull be put out for collection no earlier rCan the day of collection. LBL Plastic bags shall be used to store garbage or mixed rubbish and garbage only ff used as a liner in watertight receptacles with tight-fitting covers as required In 105 CHR 430.600(A) provided that the plastic bags may be put out for collection except in those places where such practice is prohibited by local rule or ordinance, or excepr in those eases where the Department of Public Health dace mines that such practice constitutes a health problem. For purposes of the preceding sentence, in making its der erralvaclon, the Department shall consider, among other things, evidence of strewn garbage, torn garbage bugs, or evidence of rodents. SCC2 The owner of any dwelling that contains three or more dwelling units, the Omer o[ any rooming house, and the occupant of any other dwelling place shall be responsible for provldtug as n-,oy receptacles for she sceragc of garbage and rubbish as arc suf- fir!ent to contain the accumulaclon before ftmll collection or ultimate disposal, and shall co locztc tbem to be convenient to the tenant that no ebJcc[lmrn hie odors cater any dwell to g. (D) The occupant, of each dwelling, dwelling unit, and rooming unit shall be respoualble for the proper placement of his garbage and rubbish In the receptacles required in 105 OLR 410.600(C) or at the point of collection by the owner. 410.60E Collection of Carbone and Rubbish The owner of any dwelling that contains three or more dwelling units, the owner of any rooming house, and the occupant of any other dwelling place shall be responsible for the final collection or ,ltlmatt disposal or igoineration of garhage and rubbish by means oil: S� the regular municipal collection system; or itl) any other collection system approved by the Board of health; or vllen;othorwise lawful, a Subagegrinder which grinds garbage into.tho kitchen .sink:drain finely enough to.ensure lie free passage, and is othe wise maintained so ae not to,esaste a safety or health hazard; or (D� when otherwise lawful, a garbage or rubbish Incinerator located within the dwelllne which is properly installed acid which Is maintained so as not to croute s surety or health hazard; or (F:) any other method of diopoanl vhleh does not endanger any person and whlah _ In �muro ord In vrlrino by char Bmird of IL•rvlch. fila IOS CIIN 410.860) -1- 1 Overgrowth creating potential harborage and breeding of rodents and insects. Must be cut down and removed. 610.602: Ha Lntenance of Arena Free fine Carb.l'e and Bubblrh AT In nA, The Dune[ u! utY parcel of land, vacant or eche ru lee, alu 11 lea rertpunslble fur autin[aining such parcel of Iaad in . clean and A..Italy In .:R tl•n 'I"" flee lrom . I;.rb.Ile, n,bbl.h or other refuse. The owner of .uCh parcel of lend .lull C ,sect o, coudltluu caused by or as .11th p.rcel or Its .ppurtenance whltb :.1 facia 'I.cobcelth s.fety. and Well-being of th, ecup.-t. of any dwelling or of she yeucral pub1 le. 610.602: Maintenance of Ares Free from Ge r bJIE2 end Robb Leh {Cent lnuedj_ (B) _Pee lllnp Unita. The oc eupent of any duelling on It shell be re a pons I U I I for ma Lnt.ining in A clean end san It ary tend It fon and free of garbage. Tubb lah, usher filch or cause. of ale knee. that part of the duelling which he exclusively occupies or controls. (C)' Dw 111 p C c i L g Les than Three Dwelling Units In a dwelling that contains less Chao three dwelling uo its, Che occupant shell be r<spons lDle for aye Lnte Sning In e clean and sanitary condition free of garbage, rubbish, ocher filch or causes of sickness the stairs or stairways leading to his dwelling unit and the landing adjacent to his dwelling unit if the stairs, stairways or landing are not used by another occupant. (D) Common Areas. In any dwelling, the owner shall be responsible for ma ince Lning in a clean end sanitary condition free of garbage, rubbish, other filch or causes of sickness that part of the welling which is used in co®on by the occupants end Which is not occupied or controlled by one occupant exclusively. > (1) The owner of any dwelling abutting a private passageway or right-of way awned or used in comet With other dwellings or Which the owner or occupants under his control have the right to use or are in fact using shall be responsible for maintaining in a clean and sanitary condition free from garbage, rubbish, other filth or causes of sickness that part of the passageway or right-of-way which abuts his property and which he or the occupants under his control have the right to use, or in fact using, or which he owns. BOARD OF HEALTH REGULATION 47 SECTION 3.10 CO!l AIN ERS OR BUNDLES OF HOUSE HOLD AND ORDINARY (:U ri CIAL R,\STE GARDEN AND LAWN CASTE These shall be placed At the outer edge of the sidewalk appurte mac [o she premises of the owner not later than 7:00 a.m. on the day of collecclon and not before 6:00 p.m. on the day preceding the day of collection, and shall be removed from the sidewalk on the same day as emptied. t:o cocncrctal establfshment shall place or cause to be placed more than four barrels or other containers of ordinary commercial wastes or any extraordinary commercial or industrial wastes or tree waste upon any sidewalk or Way for disposal. Should y6u be aggrieved by this Order, you have a right to request a hearing before the Board of lie a lth. A request for a Hearing Must be received in writing in the office of the Board of Dealth within seven (7) days of receipt of thin Ordec. At this Ilearing, 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 wlthdra.m. Yoe. may be represented by an Attorney. Ple.se also be informed that you have the [elft to teepee[ and obtain Copies of all re'.ev:nt inspection or Inves[fgat{un repo[[,, Orders, !:otic•, or other doCuucutary information in [hcpose. cloy of tl:, ilan�e and (hit any advent -arty Iris tic right to be preseuc at It-' Failure on your part to comply within the specified tine car. n::.ult In is being Bought against YOU in Salem District Court. One or more of the above violation. constitutes . condition which Day endanger or materially impair the health or safety and Well-being of the nCcupaut(c). FOR THE BOARD OF HEALTH ROBERT E. BLEN1010RN, 0.11.0. Health Agent Certified Mail o P 607 165 195 cc: Morice Martineau CITY OF SALEM NEIGHBORHOOD MmovEIIEIT TASK FORCE REFERRAL FORM Date: / D/ / o - �F C ,-' -c') n-c S 2� Complaint: o r Phone # Complainant: DAVID SHEA CHAIRMAN I KEVIN HARVEY RIIii.DING INSPECTOR I I FT F.CTRICAL DEPARTMENT FIRE PREVENTION I CrrY SOLICITOR HEALTH DEPARTMENT I I SALEM HOUSING A[TCHORTTY LICENSING POLICE DEPARTMENT Pi_ANNTNG DEPARTMENT ASSESSOR I 'TRFASTIRFRICOLLECTOR PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SHEA `VITHIN ONE WEEK. THANK YOU FOR YOUR ASSISTANCE. ACTIO f y 3 R fit' SIF 3 MIfB 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 The Bradlee Trust II Robert W. Barnard 249 Green Street Marblehead, MA. 01945 Dear Mr. Barnard : In accordance with Chapter 11 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 10 Cabot Street Apt. #1 by Virginia Moustakis, Senior Sanitarian of the Salem Health Department on Monday, July 7, 1997. The violations noted in the report of June 10, 1997 have been corrected. Thank you for your cooperation in this matter. For the Board of Health : Reply to: iJoanne Scott Virginia Moustakis Health Agent Senior Sanitarian cc: Tenant ,Building Inspector, lumbing/Gas Inspector, Fire PreventionrCouncillor Kelley JS/sjk c-h.,.d Page 1 of SALEM HEALTH DEPARTMENT 9 North Street Salem,MA 01970 State Sanitary_Code,.C.�apter I1:.105 CMR 410.000 Maximum Standards of FitnesstorHuinan Habitation Occupant: D 6r7P&rV y-z,) a 4 c;a�,,77'1 Phone: f?o O 6 7,� Address: O f . Apt. —L Floor. / �fI£ 6PazQ'-' ]720d �/� Owner. O X0'3 &I /ems Address: ✓IS/' Inspection Date: 97� Time Conducted By _ Accompanied By: Anticipated Reinspection Date: Specified Reg # Violation Time .410. . . . 7-4-/Y)6 / _ Yyl�- X� O � �p NS &- G e - � Q One or more of the above violations may endanger or materially impair the health, safety and well-being or the occupants(s) t% Code Enforcement Inspector Este es un documento legal imponante. Puede que afecte sus derechos. Puede adquinruna traduccion de esta forma WIRE HIRI K_ ' ELECTRICAL trr CONTRACTORS 07/07/97 To whom it may concern, Re: 10 Cabot Street This letter is to inform you that we, Wire 4 Hire, Inc. fixed the non-working outlet in the child's bedroom on the I" floor. We have also rewired the outlet in the I" floor kitchen that was running off the furnace. The above work was done on June 20, 1997. Respectfully, Bruce Whear President/Owner P.O. BOX 8291 f SALEM, MA 01971 PHONE (508) 745-8219 FAX (508) 744-5033 3 aJP CITY OF SALEM BOARD OF HEALTH Salem, Massachusetts 01970 JOANNE SCOTT,MPH,RS.CHO NINE NORTH STREET HEALTH AGENT Tel:(508)741-1800 Fax:(508)740-9705 June 8,1994 John B.Kieran - 6 Crestwood Lane Peabody,Ma.01960 Dear Mr.Kieran: In accordance with Chapter 111,Sections 127A and 127B of the Massachusetts General laws,105 CMR 400.00:State Sanitary Code,Chapter I:General Administrative Procedures and 105 CMR 410.000:State Sanitary Code,Chapter IC Minimum Standards of Fitness for Human Habitation,an inspection was made of your property at 4 Cabot Street Salem,Massadtusett,by Jose Diaz,Inspector on June 6,1994.The following violations of the State Sanitary Code were noted,as checked off: CMR 410:600 Storage of Rubbish and Garbage CMA 410:601 Collection of Garbage and Rubbish. X CMR 410:602 Maintenance of Areas Free From Garbage and Rubbish(A through D) Reg.N7 s.3.10 Board of Health Regulation Description of Violations: A complaint was received by this department and a inspector noted wood, bricks,and other construction material laying around the back yard.The inspector also noted electrical wires hanging from the building. 410.600: Storage of Rubbish and Garbage (A) Garbage or mixed garbage and rubbish shall be stored in watertight receptacles with tight-fitting covers.Said receptacles and covers shall be of metal or other durable,rodent-proof material.Rubbish shall be stored in receptacles of metal or other durable,rodent-proof material. Garbage and rubbish shall be put out for collection no earlier than the day of collection. (B) Plastic bags shall be used to store garbage or mixed rubbish and garbage only if used as a liner in watertight receptacles with tight-fiting covers as required in 105 CMR 410.600(A)provided that the plastic bags may be put out for collection except in those places where such p practice is prohibited by local rule or ordinance,or except in those cases where the Department of Public Health determines that such practice constitutes a health problem For purposes of the preceding sentence,in making its determination,the Department shall consider,among other other evidence of strewn garbage,torn garbage bags,or evidence of rodents. (C) The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling place shall be responsible for providing as many receptacles for the storage of garbage and rubbish as are sufficient to contain the accurmiation before final collection or ultimate disposal,and shall so locate them to be convenient to the tenant that no objectionable odors enter any dwelling. (D) The occupants of each dwelling,dwelling unit,and rooming unit shall be responsible for the proper placement of her or his garbage and rubbish in the receptacles required in 105 CMR 410.600(C)or at the point of collection by the owner. 410.601: Collection of Garbage and Rubbish The owner of any dwelling that contains three or more dwelling units,the owner of any rooming house,and the occupant of any other dwelling place shall be responsible for the final colelection or ultimate disposal or incineration of garbage and rubbish by means of: (A) The regular municipal collection system;or (B) Any other collection system approved by the Board of Health;or (C) When otherwise lawful,a garbage grinder which grinds garbage into the kitchen sink drain finely enough to ensure its free passage,and is otherwise maintained so as not to create a safety or health hazard;or (D) When otherwise lawful,a garbage or rubbish incinerator located within the dwelling which is properly installed and which is maintained so as not to create a safety or health hazard;or (E) Any other method of disposal which does not endanger any person and which is approved in writing by the Board of Health (see 105 CMR 410.840) J � CITY OF SALEM HEALTH DEPARTMENT lr Nine North Street h' Salem,Massachusetts 01970 410.602: Maintenance of Areas Free From Garbage and Rubbish (A) Laud: The owner of any parcel of land,vacant or otherwise,shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage,rubbish,or other refuse.The owner of such parcel of land shall correct any condition caused by or on such parcelor its appurtenance which affects the health or safety and well-being of the occupants of any dwelling or of the general public. (B) Dwelline Units: The occupant of any dwelling unit shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish,other filth a causes of sickness that part of the dwelling which s/he exclusively occupies or controls. (C) Dwellings Containing Fewer Than Three Dwelling Units: In a dwelling that contains fewer than three dwelling units,the occupant shall be responsible for maintaining in a clean and sanitary condition free of garbage,rubbish,other filth or causes of sickness the stairs or stairways leading to her or his dwelling unit aid the landing adjacent to her or his dwelling unit if the stairs,stairways,or landing are not used by another occupant. (D) Common Arm: In any dwelling,the owner shall be responsible for maintaining in a clean and sanitary condition free of garbage,rubbish, other filth or curies of sickness that part of the dwelling which is used in common by the occupants and which is not occupied or controlled by the occupant exclusively. (i)The owner of any dwelling abutting a private passageway or right-of-way owned or rued in common with other dwellings or which the owner or occupants under her or his control have the right to use or are in fact using shall be responsible for maintaining in a clean and sanitary condition free from garbage,rubbish,other filth or cause of sickness that part of the passageway a right-of-way which abuts her or his property and which s/he or the occupants under her or his control have the right to use,are in fact using,or which s/he owns. Board of Health Regulation#7 Section 3 10: Containers or Bundles of Household and Ordinary Commercial Waste Garden and Lawn Waste, These shall be placed at the outer edge of the sidewalk appurtenant to the premises of the owner not]mer than 7:00 a.m.on the day of collection and not before 6:00 p.m.on the day preceding the day of collection,and shall be removed from the sidewalk on the same day as emptied.No commercial establishment shall place or cause to be placed more than four barrels or other containers of ordinary commercial wastes or any extraordinary commercial or industrial wastes or tree waste upon any sidewalk or way for disposal. You are hereby Ordered to make a good faith effort to correct these violations within 24(twenty four)hours of receipt of this notice. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this older,you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 Days of receipt of this order. At said hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports,orders,and other documentary information in the possession of this Board,and that any adverse party has the right to be present at the hearing. One or more of the above violations constitutes a condition which may endanger or materially impair the health or safety and well-being of the occupant(s) a the geaer-o'.public. If you have any questions,kindly contact this office at(508)741-1800. For the Board of Health Reply to: 1 rte Scott M" SHO Virginia Moustakis ealth Agent Senior Sanitarian m Building Dept.,Electrical Dept. CERTIFIED MAIL P 878 817 660 1S/sjk CITY OF SALEM NEIGHBORHOOD IMPROVEMENT TASK FORCE REFERRAL FORM Date: May W - I Q.4g Address: 4 (J4, smaw— Complaint: AME�VFCn/IF 7z) Phone lt: � rcr/� ap2,{.lt�C3U Complainant: ; -fa m-a- Vr,;Ifar1C0(A - # 7v¢-9'599 DAVID SHEA. CHAIRMAN KEVIN HARVEY BUILDING INSPECTOR ELECTRICAL DEPARTMENT PREVENTION CITY SOLICITOR EALTH DEPARTMENT SALEM HOUSING AUTHORITY LICENSING POLICE DEPARTMENT PLANNING DEPARTMENT ASSESSOR .J,I-'REASURERICOLLECTOR PLEASE CHECK THE ABOVE REFERENCED COMPLAINT AND RESPOND TO DAVE SHEA WITHIN ONE WEEK. THANK YOU FOR YOUR ASSISTANCE. ACTION: C�OLi CITY OF SALEM - MASSACHUSETTS WILLIAM J.LAN Legal Department JOHN D.KEENAN City Solicitor citor 93 Washington Street Assistant City Solicitor 81 Washington Street Salem, Massachusetts 01970 60 Washington Street Tex:978-741-3888 T Fax:978-741-8110 el:978-741-4453 Fax:979-740-0072 November 8, 1999 Ric Dionne South Salem N.A. 23 Gardner Street, #1 Salem, Massachusetts 01970 RE: 4-6 Cabot Street (Mr. Kieran) Dear Ric: I am following up on your correspondence of October 22, 1999. I apologize for the delay — my wife and I had a baby on October 26. I have been dealing with this property since 1996 - longer than any other residential property in the city. Although it still has a way to go, I am sure you'll agree it has come a long way. However, we will not stop pursuing him until the job is complete. I am due back in court with Mr. Kieran on November 17, 1999. Ideally, the doors and finish work will be complete by that time. Mr. Kieran has addressed most of the code issues involved. Hopefully, I will finally be able to close this file out. Do not hesitate to call with any questions. Very est regards, l Joh D. Keenan, c Uw C,�td r� Ass s nt City Solicitor G 1 cc. Tom St. Pierre, Asst. Bldg. Insp. - William Kelley, Ward Five Councilor Kim Lord Driscoll, Ward Five Councilor-Elect A—s4WlO' c(Y� Lt1/o� � J/ow (rt Gral �S GHBORyO`00 ' �PV / °z October 22, 1999 Mr. John D. Keenan Assistant City Solicitor 60 Washington Street Salem, Massachusetts 01970 Dear John: On behalf of the South Salem Neighborhood Association, we would like to express our concerns over the continuing problems at 4-6 Cabot Street. We realize that both the current and former City administrations have attempted to correct the unconscionable housing situation that exists at this location through enforcement of the zoning laws and appropriate legal action. However, the landlord has continued to employ a series of dilatory tactics that have frustrated those residents living in adjacent dwellings and throughout the neighborhood. It is our understanding that the items that have yet to be completed include a porch railing, door installation and general exterior improvements. While the landlord has been allowed extensions by the courts, the members of our Association and those living in the Cabot Street neighborhoods continue to suffer as victims. Our members take pride in living in South Salem. We participate in City sponsored clean up and beautification programs, maintain our homes and neighborhoods and routinely pay the taxes assessed on our properties. It is difficult for us to understand why an absentee landlord is able to circumvent the zoning laws that were designed to maintain the quality of life in our City and to protect all of its residents from property abuses. Our Ward Counselor, Mr. William Kelly, shared with us your letter in response to the concerns that many of us have shared with him over the years about this address. We urge you and the City administration to more aggressively intervene in this matter so that it might finally be concluded in a manner satisfactory to all. If our Association or we can be of any assistance to you, please do not hesitate to contact us. 4;5nley ly, P. Cahill Ric Dionne Co-Chair Co-Chair South Salem South Salem Neighborhood Association Neighborhood Association