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26 CABOT STREET - BUILDING JACKET 7726 . .STREET 4, Ca dTl V ` ��4oWna dl�s' CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH 9 North Street ROBERT E. BLENKHORN Salem, Massachusetts 01970 HEALTH AGENT 508-741-1800 June 1, 1993 John and Marie Harris 218 Washington Street Topsfield, MA 01983 Dear John and Marie Harris: 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 410.00: State Sanitary Code,Chapter II: Minimum Standards of Fitness for Human Habitation,an inspection was conducted of your property located at N 26 Cabot,Street Apt.2 occupied by Laurie Vieira conducted by Julie Forsberg,Sanitarian of the Salem Health Department on 5/5/93 @ 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 these violations in accordance with the enclosed report. Failure on your part to comply within the specified time will result in a complaint being sought against you in Salem District Court. Should you be aggrieved by this Order, you have the right to request a hearing before the Board of Health. A request for said hearing must be received in writing in the office of the Board of Health within 7 days of receipt of this Order. At said hearing,you will be given an opportunity to be heard and to present witness and documentary evidence as to why this Order should be modified or withdrawn. You may be represented by an attorney. Please also be informed that you have the right to inspect and obtain copies of all relevant inspection or investigation reports, orders and other documentary information in the possession of this Board,and that any adverse party has the right to be present at the hearing. 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 font. For the Board of Health Reply to: 7wT?5' Ro rt E. Blenklnom,C.H.O Julie Forsberg Health Agent Sanitarian cc: Tenant Building Inspector Certified Mail P 348 634 974 l 4 , Page 1 of s�5b SALEM HEALTH DEPARTMENT 9: a 9 North Street ! Salem, MA 01970 State Sanitary Code, Chapter II: 105 CMR 410.000 Minimum Standards of Fitness for Human Habitation Occupant: LzLuhr: U t eta-.tom— Phone: Address: 1 ZCe ��0� 1oY• ' Apt. Z Floor Z Owner: ��n 4- /��8 t i —r s Address: 2—Le. WcusL,i ko4-6-- Inspection Date: S 5 ' �'� Time: 4;j=od cL i-y1 Conducted By: JIA.IIG �\\�� Accompanied By: Anticipated Reinspection Date: Specified Reg # Violation Time 410. . . . Wc-S a��t E yia t ivn� t tie �Ia ic� :�c-r r e V i o l cx�--irnrL.Q w�-e tib t-c� Iq 35`i _I`Cr-,arl-+s mac. tv� t rl ri iq o GTI ;cam ✓2�I Li Axl ttt '1t—i c�v �llt ttt ,�+ l�A�lw tS �l �s�.r>•�--1� � t�,R.� f't�e wit- . GL t Q— l l C�lr7 Q E'-��'E� ✓1 G GLl%1- �C One or more of the above violations may endanger or materially impair the health, safety and well-being or the occupa=(s� Code Enforcement Infor Este as un documento legal importante. Puede qui afecte sus drechos. Puede adquidruna traduccion de esta forma. CG 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 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 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. Renoir and Deduct(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 violations, you may be able to use this remedy.If the owner fails to begin necessary repairs(or to enter into a written contract to have them made)within five days after notice or to complete repairs within.14 days after notice,you can use up to four months'rent in any year to make the repairs. 3. Retaliat=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 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 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. Unfairand Deceptive Practices(Massachusetts General Laws,Chapter 93A): Renting an apartment with code violations is a violation of the consumer protection act and regulations,for which yonmay 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 98 FEW- -- r Will - WO- ® -- - - �.. Page _3 of i 4e<< SALEM HEALTH DEPARTMENT 3 9 North Street Date: r. Salem, MA 01970 Name: \1 ic-q V—rzt' Address: 2-(v Cum_ 2 Specified Reg # Violation Time 410. . . . 14 5 1 Wa_ l cc s '1 w v,✓r a.u�✓-+�,-i ze� �t--;tom- `��,�sd-�-�� i I-, l„aal �s �-(- V 1ev��l �a �I a-r-. l� •F dt-i�Y 1�1'l �i S CL�-✓i-}-1 l� ('gifu of " calem'Psarb of C c�SSttC 1I3PttS J y DECISION ON THE PETITION Or M,AURICE & TINA BOUCHARD FOR A SPECIAL PERMIT FOR 25 CABOT ST: [�ttl�tt�� A hearing on this petition, was held October 9, 10es Zath2tw t'tx17ib3ring Board Members present: James Hacker, Chairman; Messrs. , Charnas, Gauthier, Strout and r Associate Member Bencal. Notice of the hearing Wisent to abutters and others and notices of the hearing were properly published in the s2jjLj4eQe� News in Ep accordance with Massachusetts General Laws Chapt4D : = _ `' W Petitioners, owners of the premises, request a Special Permit to allow them to use the sremises as a two family dwelling in this R-2 district. _ = he provision of the Salem Zoning Ordinance vtich is applicable to this request Por Special Permit is Section VI B 10, which provides as follows: Notwithstanding anything to the contrary appearing in this Ordinance, the Board of Appeal may, in accordance with the procedure and conditions set forth in Section VIII F and IX D, W grant Special Permits for alterations and reconstruction of r { _ nonconforming structures, and for changes, enlargement, ex- � ': w tension or expansion of nonconforming lots, land, structures, and uses, provided, however, that such change, extension en- 7 largement or expansion shall not be substantially more detri- ; z. mental than the existing nonconforming use to the neighborhood. Wn more general ter--s, this Board is, when reviewing Special Permit requests, c guided by the rule that a Special Permit request may be granted upon a finding �y the Board that the grant of the Special Permit will promote the public health, F safety, convenience and welfare of the City's inhabitants. she Board of Appeal, after hearing the evidence presented at the hearing, makes the - _ - - Following findings of fact: r 1 . The premises are suitable for use as a two family dwelling, - - _ having two separate kitchens and baths; 2. The use of the premises as a two family will not have a negative impact on the neighborhood. On the basis of the above findings of fact, and of the evidence presented at the hearing, the Board of Appeal concludes as follows: 1 . The relief requested is not substantially detrimental to the public good nor does it derogate from the intent or purpose of the Ordinance. Therefore, the Zoning Board of Appeal voted unanimously 5-0 to grant the relief requested, provided that a Certificate of /Occupancy be obtained. l �r Scott E. Charnas, Secretary A COPY. OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK Plans must be filed and approved by the Inspector before a permit for erection will be granted, duplicates of which when approved by the Inspector shall be kept at the building, during the progress of the work. City of Salem No. Ward r 'S�cG4(NE�� APPLICATION uMNSF- � Tcl-• FOR PERMIT TO BUILD ADDITION OR MAKE ALTERATIONS Salem,Mass., TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit to build according to the following specifications: Owner's name and address / A& Y. y!` C r J-4 r4,6j Architect's name Mechanic's name and address Location of building, No. � (7 �� b6T S'1— What is the purpose of building? (61A I � t Material of building? If a dwelling, for how many families? Size of Addition: No. of feet front, ; No. of feet rear, ; No. of feet deep, No. of stories? No. of feet from the level of the ground to the highest part of the roof? How near line of the street? How near line of the adjoining lot?— What will be the means of access to the roof? Size of floor timbers, 1st—; 2nd 3rd—; 4th ; 5th Span, Distance on centers? Size of carrying timbers? Distance of supports on centers? What kind of support? Will the building be erected on solid or filled land? What is the material of foundation? Will, the roof be flat, pitched, mansard or gambrel? Material of roof covering? Will the building be heated by steam or hot water or hot air? No. of brick walls? Where located? Thickness? Will the building conform to the requirements of the law? Estimated cost Signature of applicant REMARKS No. Ward APPLICATION FOR PERMIT TO BUILD ADDITION OR MAKE ALTERATIONS Location PERMIT GRANTED 19 Approve ti uilding lnrpeetor