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HomeMy WebLinkAboutMiscellaneous - 40 EAST WATER STREET 4/30/2018 - /r' Date. .. .�?.. . . .... .. ' Of ,ORTH 1't' o= TOWN OF NORTH ANDOVER f 9 ' PERMIT FOR GAS INSTALLATION 9 . y S'q USE�� This certifies that . . . . ..(ae- . . . . .. .r. . . . . . . . . . . has permission for gas installation . in the buildings of ,�:J�:1 � . . . . . . . . . . . . . . . . . . . . . . . . . . . at � `?�� ..V/ . .. .. . .l�J . :C North Andover, Mass. Fee��- . . . . Lic. ... . . . . . . . . . . GAS IP(oi&OR Check# 7ys 6747 MASSACHUSETTS Uwmm APPUCATON FOR PERMIT TO DO GAS FI TING (Type or print) Dateq NORTH ANDOVER, MASSACHUSETTS ` `G Building Loqations qO, `])o� q Permit# Owner's Nam Amount S _ r� New D Renovation D S' Replacement Plans Submitted Ei w a Z ! c a14 y w < W ° O ° Z w . w z Q x x w z a o `� > W z Q w �- z w W w F °w W > a P } ro o > w E, a m W w o C m SU B -BASEM ENT 3 -a U > B A S E M ENT O 1ST. FLOOR 2ND . FLOOR 3RD . FLOOR 4TH . FLOOR 5TH . FLOOR 6TH . FLOOR 7TH . .FLOOR STH . FLOOR EHTT= (Print or type) Name_ Check one: Certificate Installing Company ii 74s,^, corp. Address - 't rr"( ` LSC ( e� I V2, C)N Partner. usin s lelephone _ Firm/Co. Name of Licensed Piumber'or Gas Fitter �tO c i • INSURANCE COVERAGE I have a current liability Insurance'policy or it's substantial equivalent. Check one: If you have checked yes,please indicate the a cove Yes No❑ type rage by checking the appropriate box. Liability insurance policy ©� Other type of indemnity D Bond 13 Owner's Insurance Waiver: I am aware that the licensee does not have the Insurance coverage required by Chapter 142 of the Masi eneral Llys,an my signature on this permit application waives this requirement. Signature of Owner or Owner's Agent Check one: i hereby certify that all of the details and information I have submitted(or ente red)ed) in above a er glint 13 best of my knowledge and that all plumbing work and installations performed under Permit Issued for oth srappl cation will-be be in e true and accurate to the compliance with all pertinent provisions of the Massactts State G Code hapter.142 of the General Laws. By: D Signature of Licensed Plumber Or Gas Fitter Title Plumber '3/44 OLl City/Town; Gas Fitter License um er Master APPROVED(OFFICE USE ONLn2—Journeyman Town of North Andover ay t3CR=M , iio •b.N Office of the Health Department - Community Development and Services Division 4 William.J.Scott,Division Director •, a�. 27 Charles Street Sandra Starr North Andover,Massachusetts 01845 Telephone(978)688-9540 Health Director Fax(978)688-9542 LETTER OF COMPLIANCE DATE: December 1,2000 TO 0VV NER OF RECORD PROPERTY LOCATION Stalex Realty Trust,Richard Kates 40 East Water St. 358 Chestnut Hill Ave. N. Andover,MA Boston,MA 02135 01845 A Health Department ORDER LETTER dated August 3,2000 was issued to you as owner of record of the property listed above citing violations of the State Sanitary Code, 105 CMR 410.000,Minimum Standards of Fitness for Human Habitation. A re-inspection of the property on December 1, 2000 indicates that all violations noted on the order have been corrected. A copy of this letter is being sent to the person(s)who made the complaint. If the complainant has any questions or comments concerning this determination of compliance,the Board of Health must be contacted within ten(10)days of the receipt of this letter. Sincer ,y, /usanY. For , S. Health Inspector cc: Neil and Amy Danilowicz,Renter File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 d a SENDER: I also wish to receive the follow 'rn ❑Complete items 1 and/or 2 for additional services. ing services(for an extra fee): N Complete items 3,4a,and 4b. ❑Print your name and address on the reverse of this form so that we can return this �j p ci card to you. (>;C ] Aotlre s Address ` ❑Attach this form to the front of the mailpiece,or on the back if space does not > permit. � 2'❑ Res ria elivery N .tom. ❑Write'Return Receipt Requested"on the mailpiece below the article number. t`u- W to ❑The Return Receipt will show to whom the article was delivered and the date p delivered. a v 3.Article Addressed to: 4a.Article . er -z 3 L, 4b.Service Typ Z' u Rf MRkb !�Q,-f£$ ❑Registered erified W Cn c w Che �/i1 u f r/�LL-�e ❑Express Mail ❑Insured N Ei?Peturn Receipt for Merchandise ❑COD 7.Date of D livery z 13OsioN, 1,4A I� v3,i- a a F 5.Re ived By: (Pr"nt Name) 8.Address e' Address(Only if requested and c 1 ch G,-C �B� fee is paid) F c6. na (Addressee or Agent) a n /r'J_ N PS Flbrrn 3811,December 1994 102595-99-13-0223 Domestic Return Receipt UNITED STATES POSTAL SERVICE First-Class Mail Caddrest�,�, a- o Posta ees Paid ✓................................_...................................................... ....— ...__.__..._...._• Print your na , a d ZIP Code-in4hisbDxl,._""'— BQARD��AtTN : r 27CH"SIREE! MM AWIM M 010 111ff12ft1(iffIlditItIJllllti111131fIII ff1111111fflllfIII III) Z 370 627 486 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use-for International Mail See reverse Sent to r iNe A-M&5` Sr*4E I / Street&Number es rA)a-A Post,qfice,State,&ZIP Cade oso /rim v ozi,�r Postage $ l t Certified Fee Special Delivery Fee Nrl LO Restricted Delivery Fee Return Receipt Showing to Whom&Date Delivered n Relum Receipt Sh—V to Whom, (A Q Date,A Addressee's Address 0 TOTAL Postage&Fees $ Ch Postmark or Date E 6 LL U) a 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 leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier(no extra charge). I 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the ami return address of the article,date,detach,and retain the receipt,and mail the article. cc Ln 3. If you want a return receipt,write the certified mail number and your name and address rn j 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 a RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the C;0 addressee,endorse RESTRICTED DELIVERY on the front of the article. CD 4 eh 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. ti 6. Save this receipt and present it if you make an inquiry. 102595-99-M-0079 a, - ' t pt9�TH'° Town Of North Andover f �y Community Development & .Services William J. Scott 27 Charles Street Director North Andover, Massachusetts 01845 (978)688-9531 sAGHUS� Fax 978-688-9542 NORTH ANDOVER BOARD OF HEALTH ORDER Issued under the provisions of the State Sanitary Code, Chapter II,Minimum Standards of Board of Fitness for Human Habitation, 105 CMR 410.000. Appeals (978)688-9541 Date: August 3,2000 Building To Owner of Record: Property Location: Department Stalex Realty Trust,Richard Kates 40 East Water St. (978)688-9545 358 Chestnut Hill Ave. N. Andover,MA Boston,MA 02135 01845 Conservation Department (978)688-9530 North Andover Health Department personnel made an authorized inspection of your Health ro at the above address on August 3 2000. Department property � (978)688.9540 This inspection revealed violations of certain regulations of the State Sanitary Code, Chapter II,as listed on the attached Violation Form. You are hereby ORDERED to correct Public Health these violations within the time allotted on the enclosed form. Failure to comply within the Nurse allotted time period may result in a criminal complaint against you in the Lawrence District (978)688-9543 Court and may result in an assessment of a fine. You have the right to request a hearing before the Board of Health if you feel this Planning order should be modified or withdrawn. A request for said hearing must be made in writing Department and received by the Health Department within seven(7)days from the receipt of this order. (978)688-9535 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. All affected parties will be informed of the date,time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. An attorney may represent you. You also have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Susan Ford Health Inspector . t VIOLATIONS TO BE CORRECTED NO LATER THAN FOURTEEN (14) DAYS FROM RECEIPT OF THIS ORDER LETTER OR CONTRACT IN WRITING WITH A THIRD PARTY WITHIN FIVE (5) DAYS: VIOLATION REGULATION REINSPECTION 1) Front Storm door does not open and 410.500 / shut easily. Also, storm door window does and .501 not fit properly. Large gap covered with old duct tape. - An exterior door shall be considered weather tight if: a storm door is affixed to the frame and properly fitted. There must be no gaps greater that 1/16 of an inch, including the window or screen inserts. All doors must easily open and close and operate as intended. Repair or replace storm door as needed. 2) Kitchen window near stove in extreme 410.501 disrepair. Fallen out of frame. Can not be opened or closed. Silicone caulking being used to weather tight. Repair/Replace as necessary 3) Interior stairway handrail — Not fully 410.503 secured to wall studs. - The owner shall provide a safe handrail for every stairway that is used or intended for use by the occupants. Secure the handrail to the wall 4) No posting of landlord information 410.481 - An owner of a dwelling shall post and maintain near the mail boxes or elsewhere in the interior of a dwelling in a location ! C visible to the residents, a notice constructed of durable material, not less that 20 square inches in size, bearing the name, address and telephone number of the managing trustee or partner. Post landlord information as required by code. 5) Back Stairs — see attached letter from f/ the N. Andover Bldg. Inspector. V s 6) Floor by rear door found spongy, door 410.500 threshold and lower part of the door jam rotted. Filled in hole with silicone. - The owner shall maintain the doors, walls and floors in good repair and free from defects which render the area difficult to clean or may allow insects to enter. Remove spongy and rotted wood as needed to eliminate silicone filled gaps around the door and soft spots in the floor. Cc: Sandra Starr, Health Director Renter, Neil and Amy Danilowicz File Town of North Andover AORTH OFFICE OF °tt"`° COMMUNITY DEVELOPMENT AND SERVICES 0 A 27 Charles Street ` x - � 09 WILLIAM J.SCOTT North Andover, Massachusetts 01845 "ssACHus�t�� Director (978)688-9531 Fax(978)688-9542 Richard Kates August 8, 2000 DBA Stalex Realty Trust 358 Chestnut Hill Ave. Boston, MA Re: Rear landings and Stairs various locations 40 East Water St. North Andover, MA 01845 Dear Mr. Kates, Please be advised that upon an inspection at the above referenced property it was observed that there exists violations of the Mass State Building Code(780 CMR 61' Edition) in regards to egress components. Please be advised that under the code Chapter 1 section 103.1 "All buildings and structures and all parts thereof, both existing and new, and all systems and equipment therein which are regulated by 780 CMR shall be maintained in a safe, operable and sanitary condition. All service equipment, means of egress, devices and safeguards which are required by 780 CMR in a building or structure, or which were required by a previous statue in a building or structure, when erected, altered or repaired, shall be maintained in good working order. Under section 103.2"The owner, as defined in 780 CMR 2, shall be responsible for compliance with provisions of 780 CMR 103. Please contact me so that we may begin the process to abate these conditions. I may be reached between the hours of 8:30— 10:00 AM and 1:00—2:00 PM at (978)688-9545 Respectfully J J k,JI'v,C Michael McGuire Local Building Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 NORTH ANDOVER HEALTH DEPARTMENT 120 Main Street • North Andover, MA 01845 Telephone (508) 682-6483, Ext. 32 Housing Inspection Report COMPLAINT # _ COMPLAINANT L ADDRESS OF PREMISES j-- OCCUPANT Xan I ff ` �S — car OWNER ic-� A e-S OWNER'S ADDRESS DATE OF INSPECTION HOUR 4D_,'--S0 30 A/tl -02-135 ROOMS/VIOLATION: w 4^4, e- - i.. `� •moi... r e ' C► .� t0,_5©3 •� �/ Za 00 oe ✓' S C INSPECTOR `�►►• Action Press 8857000 S�S pZ. ` �'✓ Date /28/2000 Complaint Windows,rear stairs,hand railing,are plugs grounded? Complaint# 129 Lived there 2 yrs.- Leaving in September Complaintant Neil&Amy Addresss Phone# 40 East Water Street-6 Family 978.681-6162 617-743-3991 Action Owner of Property Staley Realty Trust Owners Address 7/28/00 Richard Kates Sue F.-set up appt.for 8/3/00 10:15 Phone# 617-734-8955 OL Sent ❑ I V 7 Date /28/2000 Complaint Windows,rear stairs,hand railing,are Complaint# F-1291plugs grounded? I�rO.afS Zy Lived there 2 yrs.-Leaving in September Complaintant Neil&Amy (�Grp r c7w Address Phone# 40 East Water Street-6 Family ��•So3 " iZs�r' 978.681.6162 617.743-3991 Action 7/28/00 Sue F.• set up appt.for 8/3/00 10:15 Owner of Property Stale (Realty Trust 1Ink Owner's Address Richard Kates Phone# 617.734-8955 I OL Sent ❑ Stalex Realty Trust C/o Data Management Corp v� 358 Chestnut Rio Avenue Boston,MA 02135 617-734-8955 Richard Kates 781-765-2322 Voice Mail/Beeper Attn: Susan Ford,Inspector Re: 34-44 East Water Street,N.Andover A six unit property. Nar Ms Ford; Firstly we'd like to thank you and your supervisors and Board for staying calm in a storm. By you and the building inspector allowing and expec concentrate oting us to do the work we could do,and not n the work tare couldn't gain access to,it allowed us to proceed on with the needed work. We hired a licen5ed contractor,as a general contractor. Then hired an electrician. We also had the aparunent#34 inspected by a lead paint inspector. #34 has had a lot of work,replacement windows,interior doors,exterior doors,etc. Last week the lead paint inspector inspected the unit. As soon we receive the papers back the lead paint contractor will proceed to obtain whatever approvals he needs,then he'll do the work. #40 this resident MOVED, We have the keys_ The contractor will apply for a pennit to take care of the issues in the Board of Health inspection, After doing some other work,we'll notify you so you may inspect the apartment. Exterior: A. Lights. Now the electrician can put in the outside rear light at#40. lie indicated that all the other lighting has been taken care of B. Rear Stairs are all in. I believe the contractor has asked,or will shortly ask the building inspector to inspect the work General.. We have tried over the years to be responsive to the residents. All the residents. A(t4k4r. We also have tried to keep this housing affordable. Two of the residents pay about$550 per month My own son lives in Somerville,in a three family home,and his rent jttst trent up$250 a month to$1400 per month. 1 can now sce that our rents,no matter what they are,love or somewhat higher,don't necessarily translate into a happy resident or an apartment that doesn't require work. We'll be more observant. But, 'lye will always be r nsive to your de artments. t4, a v. tt1 �evivt HSt �v do 'ESR w ,�cey1 " ''t S lex Realty Trost Richard YStes,'lir 1 a c1E962t 119 x"szHos r lod kid :E 1 j 00-o -�� SEP-27-00 04 : 4 PM LAW OFFICES 6177303637 P. 01 TELECOPY COVER SHEET Law Office of Richard J-J. Manchester 1855 Beacon Street, Suite-1 --� Brookline, MA 02445 (617) 730-3636 Fax (617) 730-3637 If there is a problem with transmission or if all pages are not received, please call (617)730-3636 for retransmission. TO: Susan Ford FAX 4: (978)688-9542 COMPANY: Town Of North Andover CLIENT#0215-3 FROM:Richard JJ. Manchester, Esq. DATE: September 27, 2000 RE: 40 East Wafter Street,North Andover,MA Danilowicz vs. Stalex Realty Trust. Number of pages including this cover page: 3 This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVMEGED,CON1M-F_NTML:and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. Thank you. Comments: Attached please find a copy of the agreement between the tenants,Mr. &Mrs. Neil Danilowicz of 40 East Water Street,North Andover,MA and the landlord Stalex Realty Trust and Mr. Richard Kates as trustee. This agreement states that the tenants agree to withdraw and notpursue any further action with your department_ They also agree to vacate the premises by 30 September 2000. Also attached is the second page of a letter from the tenant's attorney,Mr. Stuart T Williams in response to our letter again requesting access to the unit. Page two, paragraph 4 indicates that the contractor may not have any entry until 1:00 p.m. on Thursday, 28 September 2000. Our contractor,Mr. Serret has indicated he will begin the necessary repairs at that time. If you should have any questions, please feel free to contact our office. r SEP-27-00 04 : 4 PM LAW OFFICES 6177303637 P. 01 A I TELECOPY COVER SHEET - Law Office of Richard J-J. Manchester- 1855 anchester 1855 Beacon Street, Suitej-._,, t Brookline, MA 02445 (617) 730-3636 Fox (617) 730-3637 If there is a problem with transmission or if all pages are not received, please call (617)730-3636 for retransmission. TO: Susan Ford FAX#: (978)688-9542 COMPANY: Town Of North Andover CLIENT#0215-3 FROM:Richard J-J. Manchester, Esq. DATE: September 27, 2000 RE: 40 East Wafter Street,North Andover,MA Danilowicz vs. Stalex Realty Trust. Number of pages including this cover page: 3 This message is intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED,CONFIDE.NTIAL and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, and return the original to us by mail without making a copy. Thank you. Comments: Attached please find a copy of the agreement between the tenants,Mr. &Mrs. Neil Danilowicz of 40 East Water Street,North Andover, MA and the landlord Stalex Realty Trust and Mr. Richard Kates as trustee. This agreement states that the tenants agree to withdraw and not pursue any further action with your department. They also agree to vacate the premises by 30 September 2000. Also attached is the second page of a letter from the tenant's attorney,Mr. Stuart J.Williams in response to our letter again requesting access to the unit. Page two, paragraph 4 indicates that the contractor may not have any entry until 1:00 p.m. on Thursday, 28 September 2000. Our contractor,Mr. Serret has indicated he will begin the necessary repairs at that time. If you should have any questions, please feel free to contact our office. SEP-27-00 04 :25 PM LAW OFFICES 6177303637 P. 02 09/26/2000 22:13 6175271763 STUART WILLIAMS ESQ PAGE ei SEP-2b-pQ A9:2fl Pre Low Cit:r tres 6177?tAXC37 P. Gn MUTUAL RELEASE OF ALL CLAIMS For end in consideration of the payment hcrawitlt to Array and Neil DtanitwA t:z(hewinattrrr "Tenants"of One Thouett,nd Ono Hundrod Dollars(s1.100.00),(paid as Seven Hundred Ninety'Five Dollars(5795.00)in waived August 2000'4 rent plug Three Hundred and Five Dollar(5303.00)in addition)by Stah:x Realty Tint andlvr its'tru�reC Richard S,Kates(hereinaRar"La"01rd'),receipt of y' which;s hrreby acknowledgcd,anti in eonsieteration of this mutual micase,Landlord and Tenants do hereby relcasc;,rurnise and fortivor discharge all actuate,,claims,dern,vtdv,rights,costs,AttwMey's fW9, expenses, penalties,or damagt:s wbvsoever,whcthar Miown or unknown,that eaer party has or may have of evr+r wili have against one anod�ct &)d any of their mcmbcrs,own::rS,agents,heirs,assigns,employees,or afftlixtt:s,atts4 at any time out of or by reason of any event whatsoever frvm t)w beginning of time until the end of September 2000. 'fly:undorsigaW Tenants agree to vacate the property on or bcfoto the 30 Sept mber 1000. The r' tutdcrsiarwd Tenants aloe agree w continua to pay for the use and occupAncy of tho unit at 40 East,Water Shret•North Andover,Massachu6etts if the tenants extend their occupancy Aber 1 October 2000. The .' Landlord aeknawlcdges that the Tenants have prepaid tbo rent for September 2000 1/71x undersigned Tcttanry also agree to use all rewivatablc efforts to acconmtodate the licensed contractor and his agents w lbs livate,the necessary repwirs to the unit and the building 'ire undersigned Tcnsnrs arid the Landlord bode warrant that no promise or inducement has been offvrud,undersigued v'XCcpt as herein sot forth and that the undersigned is of legal age, legally eeMtpekmt,o execute this Reltsse anti accepts full respnnslbility thcrvof It is understood and agreed that the pnaLs to this Release admit►to!lability to the und"signed or orhers aged adrrtit no violation of any late,arui that this is a comproetisc of a disputed claim;it is furthet understood and agreed that this fy u full wed Goal release of all claims of every nature and kind whatsoever, and release claims that aro ktwA-t and unknown,suspectod and unsuspecW,and that this Ralanse contains the entire agreement betwcea the:eunnts and the(nistec;hereto. 7, gt}a•r�t_.,.,,nadT�+�e g � ✓ ,gt,Qi 4,rslened Lan'lord asrree d s�q�e.t�ylge�q{irl�,�reeeneatt.�„islQlit!.11�for feM11jaz ar acfaunting nurp2ses.The Landlord agmcs not to report to tl+e Internal Rc enue Service the lh4)tncnt amount of this rt;lcft9e that was paid to the Tonantf. The undersigned Tenants agree to%ithdraw and not pursue any lbrthcr"60M with the local hmising and building agencies against the,undtrsigmd Landlord for any existing code,ViolA00"A tr their unit at 40 East Water Street,North Andover.Mtessachusetts. Tete un3crsiViod Tenants and the undcrsigricd Landlord acbnowledgc that dwy hove each rend this Rrlemc,have been advised by counsel of dwir/ltis choosing as to its eflt:cte.MA tulder5t3rtde that it is a Rnicasc,and Wends to be bound by Ks terror Thv undcraigncd'Y Tenants'attorney.Stuart 1.Williams.Esq.,and Landlord`s attorney,Richard I 1.Manchester.Esq.,signs and vonftcs that thtt within R ALase reflects the full agreement between Ott: Tenants and the Landlord herein. 171E UNDERSIGNED HAVE READ THE i-'OKEGOfNG REI.EASE AND FULLY UNDERSTANDS rr �t� Signexl,se ticd and dclivcrod thrs day of September 1000. %chard[Cates.Individuatty&Tntst� Ntawicz-Tcnnnts for the Stalex Realty Trust•I.a dlor ifiG n� 1# Atny Danilotvicz-Tenant t!' SEP-27-00 04 :26 PM LAW OFFICES 6177303637 P. 03 09/26/2009 18:26 6178271763 STUART WILLIAMS ESO PAGE e: 2) Here is my redraft of the first paragraph: For and in consideration of the payment to Amy and Neil Danllowicz (hereinafter "Tenants") of$1,100 (paid as August rent waived plus$305 cash in addition) by Stalex Realty Trust and/or it's trustee Richard S. Kates (hereinafter"Landlord*), receipt of which is hereby acknowledged, and in consideration of this mutual release, Landlord and Tenants do hereby release, remise, and forever discharge all actions, claims, demands, rights, costs, attorney's fees, expenses, penalties, or damages whatsoever, whether known or unknown, that either party has or may have or ever will have against one another and any of their members, owners, agents, heirs, assigns, employees, or affiliates, arising at any time out of or by reason of any event whatsoever from the beginning of time until the end of September, 2000. 3) P.S.: The agreement not to pursue any further actions with local housing etc. (as you wrote it) is acceptable to them, As you'll recall, you'll make it explicit that none of this payment is to be reported as Income to the IRS, that September rent was prepaid as last month's rent, and— I think we agreed that no additional use and occupancy charges would accrue until October V, 2000. 4) As I told you, the contractor will be permitted access Thursday after lunch ( 1 PM) and thereafter as much as he wishes. They will not be relinquishing possession right then, but they will do so(leaving keys with the neighbors and having me call you) by the end of the month as per the agreement. 5) I'm back in this (home)office at about 1 o:15 PM tonight. Hopefully IT see your signature on a release at my fax machine, and unless there's a problem still, I'll countersign and send it right back. COWMWft:M ACCOAIPAN✓M PgXgS-W0IWOAWYM FROM TART LAW WOW OF STWRT J. VALUA '1MENRORWITIOnNiM, EN0ED7O�/dIMINSIVYNkA00R180L'INMIEDONTK67RAI�MII44�t3t�ETVV*VAr&MWTINTO�ERWADWR.0WNAM TW ANY dla. MTOIJNMIEAEOlMDTMSYl1R10FVMSIROA, PINWAPVTWVAS0aOFFIOEGTTftAA4W40WWATp'/30TMATWEOMIAARAKWPDRTHERURVAL05TWTELMOOVOWLIMMTBATM,4W-0YOUIIOFAICi, "Aw"d 1w elaDOWAV I N"Co m Idpap I d ///. M ,` ��jj^. ///� �//)I 7 � v ✓✓ i `� �( �� �' � � � r g �- l� 1 . . , . _ SEP-22-00 FRI 12:46 PR PAtL A SAMUELSON FIX H. 617 4$96312 F. 1 Fax to 978-688-9542:Susan Ford,Health Inspector Statex Realty Trust 358 Chestnut Hilt Avenue Boston:,MA 02135 617-734-8955 Friday,September 22,2000 12:45PM Richard Kates Voice-Mail-781-765-2322 e: 34-44 East Water Street N.Andove For: Susan Ford,Inspector,as an update on the progress and on-going items to correct all items on the#40 and 034 East Water Street,Inspections. A. hear Stairs: The general contractor,Frank Surette[1-978-352-8646) has finished replacing/repairing the rear stairs at #34,#36,038,#42.044 is being repaired,as I saw the forms in place for pouring concrete on the bottom stair.Yesterday they worked on 040,intending to complete it today,I believe. (They worked on#40 now,at this time, with the proviso,that they not enter the apartment until it's vacant,or written permission is obtained. I believe that neat week,or by the first of October,it will be vacant B. Rear Lights: The electrician reported that what's completed is all,i.e.,34,36,38,42, and#44. [He'll do#40 when vacant.] Lighting of the parking area,in the words on one resident is excellent. C. Violation Progress#34;With the new windows and doors now in, and the rear storage area repaired and upgraded,I think they should be completed with all items next week. D. Violation Progress#40 to be started when empty or during this coming week if permission in writing is obtained.The new rear stairs may be completed today. Re:#40. After we fix what is written up,and more,it is my understanding,after spearing with Richard Manchester,the attorney representing us;that you wish to inspect the apartment before it's occupied. We'll continue to write an update as work is done,so you'll know what is taking place,and be full informed. E. Regarding 034, the I assams. A licensed lead paint inspector will inspect this apartment, and then,based on that work list,a licensed lead paint contractor will do what's required. I'd like to see that happen shortly. Thank you and your staff for your understanding in this matter. We'll always do our best to be responsive to any concerns raised by your department, and appreciate your assistance. inccerely, k8hjaARes SEP-15-2000 07 :40 AM P. 01 Fax LWAIE: Tonight S ThusdW.Septe nber 14,20W Time is about 8:00 PM Piano give IMS flux update to Susan Ford,Health InIPCOOr Re: Work at 34.44 East Water Street,N.Andover The a1 ootaractor prank Surette 11.975.352-8646 home;978-629.0'118 voice=dVbe W1 to me that the rear stabs have been worked on,amelY 034,36,38,42. He is woridn8 on 444 now. H. Lights617-06-1731[home is 617.484.04501 iot"k to The electrician,Richard's Eleatic.Richard Cher would take oin the peenash,and do the lights for the be at the propertY tomorrow- He told me tonight that he number of the rerrrainder of the residents• par"area and#34 and#44• I have given him the phone Because this is a legal problem,I have C regi We cannot carter without going througl►their�this resident. 1f none is worked out timely,the retied on our sltarttay to work out an asraggetttem Sam contractor will have access starting loll!;in about two weeks. Our snoncy is Richard Meacham 617-730-3636,Please fed Ree to call him for clarifacetion. D. #341 We are continuing to wont on this utast. 1 believe tbet,with the new windows in and the door problem corrected,end the stairs corrected that shotdY every hiM shotdd be fine. You li I'm stare inspect the unit to determines The resident indicated that the fire detectors aro ok,cad we installed the owner's ams on the building.The electticia4 tomorrow Amid be worloug on the llgifttsublect to weather,eta] sbwarely, RiN F-Sw Tr 338 Chestnut-ill Avenue Boston,MA 02135 617-734.8955 H::®N'E CALL M. FOR ` TE TIME P.M. M PHONED OF Ldl- RETURNED PHONE YO CALL AREA CODE NUMBER EXTEN ION LEASE CALL MES�AGE WILL CALL AGAIN CAME TO SEE YOU WANTS TO _ SEE YOU SIGNED �I11V2lSaI' 480D3 �+1.y �.� (f'C.r 8� s a�.s ( �`�- fes/ e_e.s.-.c.�-- , �o r- v��0 a%✓'S. SEP-09-2000 04 :43 AM P. 01 T[ Fax to 1.978-688-9542 _ I To:Board of Health,Town of N.Andover Attention: Susan Ford,Inspector From: Richard Kates,Tr.Stalex Realty Trust Thy is September 8,2000; It's 2:45 PM UppATE: 434 East Water Street * The windows are replaced The door is new,from and rear The smoke detectors are installed Rear stairs have been corrected a movemeat light,as requested by the The electrician will be installin8 resident. 'this will be in addition to the private rear light controlled by the units own light switch. #40 FaSt Water Street Our attorney,who we just spoke with,indicated that he is hoping for an agreement to be reached with the residents. As indicated previously,we have not entered the unit_When we can antra[9130 when they move]or before,with an agreement,we'll not just fix the items an the Board of Health list,but we'd like to replace the other windows in the apartment, and more. General. Electrical Our electrician is Richard Cherkerzian,of Richard's Blccttic. 617-926-1751. He was at the property yesterday and indicated that he has introduced himself,and spoken witb the electrical inspector. I'm assuming that he is lockstep wltb the requirements,and we requested that he take out a permit and begin work as soon as possible. As I understand it,he will be putting a rear light,of a proper type,switched on by each apartmetlt's separate light switch. He also knows of our interest in expanding the"movement lights"covering that rear section,and he'll do that as well. He entered#34, 38,42 and 44 to look over conditions for his work. Stairs,rear. The contractor has replaced the stairs at 034. Yesterday,they were working on 036. They'll do all that require replacement or rebuilding. He has the go-ahead from us,and as I understand it,has a building permit. Thank you for your understanding in this matter. Sincer'ell�y,_ RRichaar� Ates,Tr Town Of North Andover Community Development & Services William J.Scott 27 Charles Street Director (978)688-9531 North Andover, Massachusetts 01845 Fax 978-688-9S42 Richard Kates Board of Stalex Realty Trust Appeals C/o Data Real Estate Management (978)688-9541 358 chestnut Hill Avenue Brookline,MA 02315 Building Department August 28 2000 (978)688-9545 ' Dear Mr. Kates, Conservation Department This letter is in regards to the Order Letter sent to you concerning 40 E. Water Street, (978)688-9530 � Y g North Andover,MA. The Health Department has received the forwarded correspondence regarding gaining access to this unit,as well as your updates on the progress of repairs Health throughout our property on East Water Street. I am also aware and I have been in contact Department g Y p PertY (978)688-9540 with the maintenance person you have hired to do.the work for this location,Francisco Serett. I am satisfied that Mr. Serett has met with the Building Inspector,Mike McGuire, and has Public Health pulled permits for this site. This action indicates to this office that when access can be Nurse obtained to#40 E. Water Street,the repairs will be completed (978)688-9543 As you know the initial 14 days for correction has lapsed,however,this office is extending the Order for an additional 30 days. The extension is due to the complicated Planning circumstances,your responsiveness in trying to comply with the Order and the initiative you Department have taken to cooperate with this office. (978)688-9535 Please confirm from the tenants or their lawyer that access to the property to make repairs will be available prior to the 30-day deadline(Sept. 24,2000). If the tenant does not allow access so that you may complete the repairs you must contact the Health Department so that this office may follow up on the situation. Sincer ly, usan Ford,Re - Health Inspector Cc: Sandra Starr,Health Director Tenant file DREMC 6175663075 P. 01 'M:4AM hater;Tr24, . .. . <To Ab: o Re3 :Ft 1�!Ita# XSt `<` idA `4 Oth cil_ diteslOW the new replacement t week, ow clist and on- r 'r ; ! :Worldug on the specif is''.to:t U--, units. a.lightnow iia the near, ,: : u: . a o ib dec de aloug with the Electii!ii 4 k .. tti 'uti From the attorney. , t . t.that.tiinc the minor items it WOO cid is ' te. : h <':.vkl : u, v►Fil :lic'. +c ` #s :ze>ai!►ytl; ::ttl : ut. iith ill replacement "aiii' Vic. i :items,but lease be assured T ati rczt:x .:' i ,jab .,. :; ►a `'';tom: st vi. >nn , p i :46 ita kq fisted from both your ,'Tdil 3t+�, •'eft°:,- `,:�;`' AUG-16-2000 12 :53 AM P- 02 Stuart J. Williams, Attorney At Law 21 Walter Street,Newton,Massachusetts 02459-2509 telephone(617) 527-0050,telefax(617) 527.1763 Richard S. Kates Monday,July 31,20M Stalex Realty Trust clo Data Real Estate Management 358 Chestnut Frill Avenue Brookline,MA 02315 Dear Mr. Kates, I represent your tenants at 40 East Water St.,N. Andover,Amy&Neil Danilowiez. From ow only,please contact only me if you have questions or concerns that relate to their g` tenancy or this letter. ae�eNte Please be advised that you,Your agents and employees are not allowed to enter thea artttlCtlt without a eciAc p P wrftn permission each time,not even to the show the premises to prospective new tenants. Any such entry after the date of this notice will be a criminal trespass proscribed by Massachusetts General Laws, Chapter 266 §120;Massachusetts General Laws Ch. 1116 § 14 also carries civil penalties for such violations,until the tenants have vacated the premises. if you would like permission for a showing at any specific time, please contact me directly and I will be prepared to-&x to you or your agent sighed permission for such entry if my clients find that time acceptable to them. Should you fail to make a reasonable offer of settlement within 30 days,I will bring an action against you seeking double to treble(triple)the damages plus my reasonable attorney's fees for the litigation, according to Massachusetts General Laws Chapter93A- Please have your attorney contact me soon to resolve these issues. - - Sincerely, Stuart J. Willi Attorney At Law •--� ' R.P. SCLMES SAVIRONCCRTAL LEAD PAINT INSPECTION SPECIALISTS 200 FRAF1a.IN STREET "VMM=, MA. 01830 INSPECTOR LIC.! 1-1837 TEL.i. (978)372-3977 LETTER OF FALL DLL.E.a.D LNG COIyMLA. r - L.e$L/4 Vi �4T.a'J 40i/� Date: !fir/y-9�l This letter is to-cerdz►than I inspected your property located at yG� C4,TT 1�t�474� r&,e. apm'==ao. ,� and rdcvaa=cannon areasis the Cay,or Town of for full delese ing cotnoiianca ca /2 and on chat date nose surbca crud in the initeal inspeedoa resort of we-e found to be infiL co=lie=wish Massacc tnse•.ts C--=-ai Laws, Chapter 111, Seedoa 197, =d 105 C'MEL 460.000: Rw�ns for Lead Poisoning Prevendan and Control. N6ssacb1,se=lzw-Joek not requim tura abarem=ar courshim of all residemsssl lead pain The reside=al premises or dvn ft unit sad relrvaas common areas small re=it:eerasntisnce only as long as atone condaues to be no peding, cfppiag or taht�lead pain=or other sccrsm'ble leaded mate Ws. as long as covcasgs=&or eaenp=alaats forming an e$`eedve basher over such psiru or other leaded taarerials remain in plain sad as long as tut*== / sad to corre;:lead hazards remain Mle-sed sad s=um:*y in plan- Set the rev=v side of this lamer for the location(s) of Al accs wiliei wee:.aver eo asutlaze:l or rev+e-red as=abmv-mmea mood to achieie cc=dg are, if anplicabie. A -a:rskea rei sperioft report is astse.hed to this letter 9c To the best of my knowledge, the cost of the legally reouir -ddesding is S 300...- i4,9- � . Siacerey, .. f - Iasnec:ar . wn. DPH Lit�se:Yumoa R.P. HOLNES ENVIRONMENTAL LF.A,D PAINT INSPECTION SPECIALISTS- 200 FRANKLIN STRUT RAVMMILL, KA, 01830 INSPECTOR LIC.0 I-1837 TEL.# (978') 372-3977' LETTER OF FULL DELEADING COMPLIANCE Qr, ' T Dat: -7 A 1?q Dear 5�t mot 'Pain letter is W ae1t3Ty that I inspected ymw p=pwt:y at , V ap wt=nt no. -Of _ and reUvent cion axsss in the City Or Tom of for fUll deleading an -�_ and on that date those stszaCes cited is of - %exe fomd to be in fuU aa=Liance with General Laws. chapter 111, Section 197, and 105 GR 460.000: Regulation for bead Poisoning Preveutson and Cil. mumcft'ise law does not recti=m the abatement of a]1 rssi wt a7 lead plaint. M residential P" or d4e3.ling unit and rsLwtat oommm areas stall rem n = campLumm only as loeg as there ccnt=s to be no , c hippinq or flalcLnq lead paint or othgw acc a ssihie leaded °a terj Ls, as Fang as oove,Cinqs and/or encapBulants f an effective bw=e�r aver s� pmt or other leaded materials rtuin in placae, and:as-1004r.�.'�e�+� t'�eB to ��t l+0ad hssa;ds resia+oe n reversed apd saciaely in pl _ See-the. side of this letter far the lo=tion(s) of s=t=es which were aoaesed, encap rl ated oc rovemsed as an abnte� mt ex3d to achieve Compliance, if applicable_ a Complete �i is attac3ed to this letter. rq . t TO the best of my )=wled9e, tine oast of legally r glirad d lea�diM is S 53&W S1�t82.y, DPS Licerwe N+sabe= AUG-16-2000 12 :52 AM P. 01 *A4* staler Realty Trust Go Data Reel Estate Management Corp 358 Chestnut Hill Avenue Boston,MA 02135 617-7344955 August 15,2000 Attention: Susan Ford,RS.Health inspector Thankjou,for dismesing the gerwal overall issues at the property with me this morniM. Please be asstiued,we have every good intention of doing what's rlgltt at the property. Re, 40 East water Street,N,Andover The tenant has indicated that they will be out on l0/1/00. WE CANNOT ENTER Apartment at#40 without drat obtaining permission from their lawyer_Though the lawyer's letter is long and involved, I enclose the relevant portion of their lawyer's letter.My attorney is in communication with theirs, Qbut this its a large impediment to doing the work on a timele;y basis.IC UHWOW -1b dem,.a�wk�txNel Eva t�0trtn��DOh � Nr -kV s --% \rmry j to DON'TY�` t1a.'tt.��A CAM b1�W�' I have hired a lawyer,Richard A Manchester 1$55 Beavon Street Suite 1 Drool,MA 03443. His telephone mmdw is 617-730-3636.Fax is 617-730-3637.Our attorney is handling anything of a legal nature,but please if anything is not taking place in a timely manner,or the way you went,please speak with him as well its me or Data Real Estate Management Corp's office. Re:1134 East Water street Francisco Serest,the contractor indicated to me that the door is now working. Also,re the fire detectors,he told me that the husband took care of them. Since I'm not sure that they are all in,he will go theca today to be sure. I salted him to speak with the building inspector,so we take caro of the other problems correctly. Thank you for your working with us,I want to do things the torted way. slamply,/ Richard Kates" Trustee stale x Realty Truet Ps you reque sed to aft the two lead paint compliance letters. They are enclosed 1 notice the inspector's name,address,etc.are on the letterbeed.