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Building Permit #Exception - 73 DAVIS STREET 5/1/2018
r s t - T � t y Y { T 4 f _ 1 Y € J \ t K } Y K l•• t y � _ e ' J t 4.� J 1* J , $ Y ; hY t i 1 5� f _ s t k L J� Z _ k L 7 � NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street • North Andover, MA 01845 Tel. 978 688-9540 • Fax: 978 688-9542 email: healthdept@townofnorthandover.com ` Complaint Investigation/inspection Report OWNERL -- ► `�� l� i ADDRESS / e DATE 4 111A 14) i r / i� rv 011-1 l r i IF r7u'u.e.�✓,.� 'Fawn Clexls IT72il tQ4' Rev.6/04 INSPECTOR North Andover Board of Assessors Public Access Page 1 of 1 ,NORty Town Of 14cwth A1flL over laosard of Assessors. h A 4 n �tl PQy Property Record Card Return to the Home page click on logo Parcel ID:210/037.0-0011-0000.0 Community: North Andover SKETCH PHOTO New Search Click on Sketch to Enlarge Click on Photo to Enlarge _ Sales AN T Summary i Residence Detached Structure Condo Commercial Comparable Sales 11 L-A7 MARBLERIDGE ROAD Location: IIL-Al MARBLERIDGE ROAD Owner Name: KINGFISH TRUST E F&E C LELAND,TRS Owner Address: 11 MARBLERIDGE ROAD City:NORTH ANDOVER State: MA ZIP: 01845 Neighborhood: 8-8 Land Area:2.35 acres Use Code: 109-MULTIPLE-RES Total Finished Area: 6728 sqft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 1,626,100 1,483,000 Building Value: 1,376,600 1,259,300 Land Value: 249,500 223,700 Market Land Value:249,500 Chapter Land Value: LATESTSALE Sale Price: 1 Sale Date: 10/13/1994 Arms Length Sale Code: F-NO-CONVNIENT Grantor: LELAND,EDMUND Cert Doc: Book: 04145 Page:0312 http://csc-ma.us/NandoverPubAcc/j sp/Home.j sp?Page=3&Linkld=985337 12/11/2007 Ot N°RTH tt�eo `6• /�rO AIL Oy~ 49 ��SSACfEUs PUBLIC HEALTH DEPARTMENT Community Development Division Letter of Compliance DATE: August 31, 2007 PROPERTY LOCATION Patricia Warringer 73 Davis Street North Andover,MA 01845 A Health Department ORDER LETTER dated August 21, 2007 was issued to you,as a renter of the property listed above, citing violation of the State Sanitary Code, 105 CMR 410.000, Nfinimum Standards of Fitness for Human Habitation, solely in regards to providing access to the owner to effect repairs as needed. Access was given prior to the deadline of August 25th; therefore this order has been complied with. Thank you for your cooperation in this matter. X7Vusan:5V. S Public Health Director Xc: File AVEST: A True Copy Town.Clerk 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com Town of North Andover ct,►ORTF► Office of the Health Department Community Development and Services Division 1600 Osgood Street;Building 20;Suite 2-36 " + • 4r` North Andover,Massachusetts 01845 Susan Sawyer (978)688-9540-Phone Public Health Director (978)688-8476-Fax NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code, Chapter I1,Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: August 15,2007 To Owner of Record: Property Location: Christopher Jenkins 75 Davis Street 126 Croton Lake Road North Andover,MA 01845 Katonah,NY 10536 An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel on Tuesday,August 14, 2007. This inspection revealed violations of certain regulations of the State Sanitary Code, Chapter Il, as listed on the attached Violation Form. You are hereby ORDERED to correct these violations within the time allotted on the enclosed form. Failure to comply within the specified time period may result in further action by the North Andover Board of Health. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven (7) days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses 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. You may be represente an attorney. You.have the right to inspect and obtain copies of all relevant records concern g the matter to be h. d. san Y. Sa HS/RS Public Heal Director A True Copy / 'down.Clerl BOARD OF APPEALS 688-9.541 BLJILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 4udgment of Summary Process Docket Number Commonwealth of Massachusetts For Plaintiff 07H77SPOO2244 Housing Court Department RE:Christopher Jenkins vs.Patricia Warringer Plaintiff(s)who are parties to this Judgment Northeast Housing Court Christopher Jenkins Fenton Judicial Center Patricia Jenkins 2 Appleton Street Lawrence, MA 01840 (978)689-7833 Defendants)who arc parties to this Judgment. Premises Address: Patricia Warringer H 75 Davis Street Haley Warringer Erik Warringer North Andover,MA 01845 Anders Warringer After coming before the court, the issues having been duly tried or heard,and a finding or verdict having been duly rendered,IT IS ORDERED AND ADJUDGED by the court(Kerman,J.)that the Plaintiffs)named above recover of the Defendant(s)named above Judgment in summary process for possession of the premises listed above and money damages as follows: Date of Breach,Demand or Complaint 07/35/2007 Date Judgment Entered 10/12/2007 Pre Judgment Interest as provided by law from 0725/3007 to 10/12/2007 S Damages S7.532.00 Double or Treble Damages Awarded by Court S Filing Fee&Surcharge $ Other Costs Awarded by Court $ Other Costs 5324.00 Court Ordered Attorney Fees S Judgment Total Payable to Phdrititt(s) S7,856.00 Further orders of the court: s Entered and notice sent on October 12, 2007. Susan M Trippi Clerk-Magistrate 4 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT CHRISTOPHER JENKINS Plaintiff V. - No. 07-SP-02244 PATRICIA WARRINGER Defendant DECISION AND ORDER This tenancy, more accurately an occupancy, which began on September 12, 2006, is extensively documented by fifty-two pages of email correspondence between the parties [Ex.21 , fifty-six pages of the Town of North Andover Health Department records [Ex.81 , fourteen other written exhibits, and almost two days of oral testimony received at trial. From the landlord's standpoint the early signs were not good. The tenant stated in her rental application on September 7, 2006 [Ex31 : that her current address was 30 Harbor View Drive in Hingham; but that she was staying at the Marriott Towne Place Suites in Tewksbury; that her previous address was 59 Willow Ridge Road in North Andover; that she had never been evicted from a rental residence; and that she had not had two or more late rental payments in the past year. These representations were false. In fact, the tenant had moved from her previously owned marital premises at 59 Willow Ridge Road sometime in 2002. At the time she signed her rental application she had no current residence of her own, and was staying with relatives, having been evicted on December 1, 2005, by judgment of this Court in case no. 04-SP-00765 due to nonpayment of several months' rent. (The records of this Court also show two other eviction cases lodged against the tenant: case no. 03-SP-00290 for nonpayment of $4,315 rent and related charges was dismissed on February 13, 2003; case no. 03-SP-01869 for nonpayment of $2,675 rent and related charges was disposed by agreement for judgment on August 28, 2003 . ) The tenant's credit report dated September 11, 2006 [Ex151 showed two other unsatisfied judgment debts, Lawrence District Court no. 0218-CV-0364 for $4,507 to RA Jaworski, and Lynn District Court no. 0213-SC-1329 for $84 to the Honey Baked Ham Co. ; four (or five) other unsatisfied collections, including unpaid utility bills of $2,051 to the Massachusetts Electric Co. , and $384 to Comcast; and a "Fraud Search . . . Address mismatch alert. " Nevertheless, on September 12, 2006, the landlord let the tenant and her family of three teenage and adult children move into the four bedroom apartment premises at 75 Davis Street, North Andover, after the tenant represented: that her previous financial difficulties had been caused by a difficult divorce; that her finances were now stabilized by her former husband's $1, 120 weekly support payments; that she would sign and return a standard form dwelling lease with $1, 895 monthly rents; and that she would pay the $1,200 pro-rated first month's rent and $1, 95 security deposit on September 12, 2006, the $1, 895 second month's rent and $1,895 last month's rent deposit on October 1, 2006, and the $1, 895 third month's rent and $500 pet deposit on November 1, 2016. [Ex.2, 9/11/06 email] . The tenant paid the 11,200 pro-rated first month's rent and the $1, 895 security deposit [Ex.2, 9/18/06 email] . She also paid the $1,895 second month' s rent, but she did not pay the last month's rent deposit [Ex.2, 10/2/06 email) . And she paid the $1, 895 third month's rent, but she did not pay the pet deposit. To date, the tenant has not paid either the last month' s rent deposit or the pet deposit. And throughout, she wash itually and chronically late with her rent payments, providing inst dd various lame and feeble excuses: i Ex.2, 10/2/06 emaill "an unexpected additional college tuition bill" i WRONG 1BANK/06 emathe1mne oohad in fact DROPPED been deducted from THE Y Y account . . . as soon as the money hits my account, I.11 run over and deposit it into your account" 1 Ex.2, 1/6/07 email: 'III deposited the rent check . . . Sorry for the delay" s Ex.2, 2/7/07 email: I"I deposited the rent . . . the bank wasn't open . . . Again, I apologize for the delay . . . I had college tuition payments . . . [former husband] in South America . . . unable to transfer funds to me _ _ . no Bank of America down there My last paycheck from Friday just cleared yesterday" Ex.2, 3/5/07 email: i"I have to apologize for this delay with the rent _ _ _ [former husband] in South America _ _ . rest assured that thle second I receive any income, I'll deposit it into your account . . . just paid off a very large chunk of college tuition . . . I apologize again, and I'll keep you posted" i i Ex.2, 3/5/07 landlord s email: "Regarding the rent for this month, as much as we i ;Jd like to say deposit it when you can, we cannot. Our mortgage is due on the 18L of the month. Per our agreement the rent is due on the ill of the month. Please make arrangements to have the rents paid by the first of each month" I Ex.2, 3/10/07 email: "The rent will be in your account by noon time today" Ex.2, 4/3/07 email: "I dropped the rent into the bank drop off box, since the bank was closed when I got over there" Ex.2, 5/4/07 email: "I deposited the May rent tonight in the bank drop-off box" Ex.2, 5/5/07 landlord's email: "there is no record of your deposit" Ex.2, 5/5/07 email: "I gave the envelope to my son . . . he was supposed to drop it in the box for me . . . he forgot" The tenant never returned a signed lease. At the tenant' s direction that the lease be sent to the 75 Davis Street, rental premises [Ex.2, 9/10/06 email] , the landlord mailed the first copy of the lease [Ex.5, 16] on September 13, 2006 [Ex.2, 9/13/06 email] . After the tenant claimed that she did not receive it [Ex.2, 9/18/06, 9/20/06 emails] , the landlord furnished another copy [Ex.6, Ex.2, 9/21./06 email] . The tenant received the lease [Ex.2, -9/24/()61 ; in fact she acknowledged receiving both copies I9/26/06 email] . Still, she did not sign and return the lease, supposedly: because it was only of 8%, not 12 months' duration [Ex.2, 9/24/06, 9/26/06 emails7 ; because some parts of both copies were illegible [Ex.2, 9/26/06 email] ; and because the lease did not explicitly state that the $500 pet deposit would be refunded at the end of her occupancy [Ex.2, 10/16/06 email] . The landlord gave assurances: that upon the lease's expiration and renewal on May 31, 2007, there would be no rent. increase [Ex.2, 9/26/06 email] , that there would be no rent increase until the summer of 2008 [Ex.2, 10/2/06 email] ; and that assuming there was no damage the pet deposit would be returned [Ex.2, 10/16/06 email] . Still, the tenant did not sign and return a lease, providing again various lame and feeble excuses: Ex.2, 10/16/06 1:04 PM email: "I will get back to you . . . regarding the lease" Ex.2, 10/16/06 8:48 PM email: "I felt some reservations about finalizing my decision to go through with the lease . . the housing and rental market is the slowest it's been in years . . . I could have my pick [of] many other homes in North Andover that have come on the market . . . . My husband . . . has agreed to move us to the other place if we can' t reach an agreement on any parts of the lease" Ex.2, 10/25/06 email: "I finished reading the Lease Contract, but have a few questions that I need clarification on, before I can officially sign off on it" Ex.2, 11/7/06 email: "in answer to the lease question, I can get that out to you by next week the latest . . . I'll get it out asap" Ex.2, 12/5/06 email: "I'm going to put a priority on getting the lease out to you ASAP" On September 18, 2006, the tenant informed the landlord that she had "accumulated a list of things that need to be fixed, repaired or replaced, mostly the result of normal wear and tear. " There were nine items: (1) the tub did not drain properly, (2) the bathroom sink pipe dripped, (3) the clothes washer was broken, (4) the clothes dryer needed to be replaced, (5) the microwave was unusable, (6) the kitchen sink faucet handle was loose, (7) the kitchen sink spray hose leaked, (8) the carpets needed cleaning, and (9) the walls needed repainting. [Ex.2, 9/18/06 9:02 AM email] . The landlord responded immediately and promptly began repairs: I will look at the bathroom and kitchen items; please call A&M for the dryer, washer and microwave; have the carpets cleaned and I will pay you or you can take it off the rent; already had a painter look at it [Ex.2, 9/18/06 10:28 AM, , 9/19/06, 9/20/06 emails] . The tenant acknowledged the landlord's efforts, "Thanks for the quick email response you sent" [Ex.2, 9/18/06 2:29 PM email] . As to the tub she quickly reported, "it drains like there was never any problem at all . . . the drain was working as good as new" [Ex.2, 9/20/06 email] . The landlord asked the tenant to "keep a list of things and I will work through them either myself or through someone else" [Ex.2, 9/26/06 email] . In this case it was the landlord, not the tenant, who first contacted the health department inspection authorities. On March 5, 2007, the tenant informed the landlord: "I've been on my back out of work for the past 2 weeks with a lower back injury (coccyx bone) , after slipping on the outside steps on my way out one morning, landing on my tailbone and hitting my head . . . don't worry I'm recovering and of course would never file any claim . . . " [Ex.2, 3/5/07 email] After nearly six months' of frustration, and now alarmed, the landlord, on March 12, 2007, contacted the North Andover Health Department and asked that the health department make a full inspection of the premises [Ex.8] . But the health department officials informed the landlord that, unlike some of the larger cities and towns or communities with poor housing stock, the Town of North Andover had no certificate of fitness or other preventative inspection program. On April 24, 2007, the tenant began making demands that the landlord furnish her with space in his nearby garage that was used to store antique cars. One of the car owners had sold his car and didn' t need his space any more; the tenant wanted to rent it out [Ex.2, 4/24/07 2:01 PM email] . The landlord responded that he was sorry but that the garage would be rented to someone who had been waiting quite some time for a space to open up [Ex.2, 4/24/07 21:25 PM email] . The tenant complained that she "would think that the primary tenant on the property would have the priority over any one else" [Ex.2, 4/25/07 11:56 AM email] , and that she was "shocked, and disappointed" about the garage [Ex.2, 4/25/07 1:51 PM email] . Later, she stated, "bottom line is that the property and garages are yours, to do with what you .want . . . in my search have found an ample supply of homes (single and multifamily) available for rent, with garages, for even less money . . . if I can get something as nice as the places I've seen, with a garage on the property that I can use, that would justify a move for me, because I do need a garage" [Ex.2, 5/4/07 email) . The landlord replied, "if you intend to move because you can find a better deal with space and garage storage that better accommodates your needs please keep us informed and have your final decision to us by May 312t" [Ex.10, 5/6/07 8:12 AM email] ; "There is no space for you to rent. It is nothing against you, but there is not a space available. Please advise of your intentions to stay or move before the end of the month" [Ex.2, 5/6/07 15 :35 PM email] . The tenant responded, "Your refusal to rent it to me is unfair and discriminatory" [Ex.2, 5/6/07 5:09 PM email] ; "Your continued refusal to allow me to rent a garage, or any one that I know, is blatant discrimination, which is also illegal" [Ex.2, 5/11/07 email] . On April 25, 2007, the tenant began making complaints about her neighbors, specifically "the people who rent those garages, and also the 1st floor tenant on the other side of the house- " The tenant complained about "trash littered all around those garages especially in the driveway area next to the garages (where the other tenant in the house is supposed to park with their two cars) " [Ex.2, 4/25/07 email] . The tenant persisted: "the boyfriend of the tenant next door always parks his car out in front of the house every night . . . and the tenant continues to park her car . . . . she seems to love to just act bratty, immature and irresponsible . . . By the way they also broke the gate, and the gate latch. The two of them are just riff raff, and enjoy behaving maliciously. " [Ex.2, 5/18/07 email] . The issue of cross-connected lines for utility services emerged on May 10, 2007. The tenant inquired, "Where does the warm/hot water for the washer machine in the basement come from?" [Ex.2, 5/10/07 email] . The landlord answered, "the hot water for the washer in the basement comes from your furnace. Everything else is separate" [Ex.2, 5/11/07 7:36 AM email] . The tenant replied, "I was never informed that I would be paying for the hot water for the other tenants to use their washer, and for the heat to dry all their clothes . . . it is illegal" [Ex.2, 5/11/07 4:21 PM email) . The landlord responded, "The electricity to run the washer and dryer are wired into the common service of the house which we pay for, not you. It is an electric dryer. 'Your furnace maintains a hot water tank for your unit only. There is no separate hot water tank for the tenant washer that you are paying to heat. However, when hot water is needed for the tenant washer it is drawn from your tank. The cost of this is negligible and yes it has been accounted for in your rent price" [Ex.2, 5/11/07 20:31 PM email] . By May 31, 2007, it appeared, from the tenant's stated viewpoint, that both the issue of utility cross-connections and the issue of repairs had been resolved. The tenant stated, "Despite any problems and issues (most recently, this month, the gas/hot water pipes that connect the other tenants washer, dryer, etc. , to my furnace/ hot water tank instead of theirs) , I don't see it as a deterrent to continuing my lease, and especially considering the negligible difference in cost, as you say I know your letter a couple of weeks ago stated that you wanted to come up to do 'Spring Repairs, ' etc. , on the house, for all tenants. I don' t think that we actually have anything that needs repairing, since you did everything when you [were] up last . . . . Actually, the only thing that I can think of is (not a repair) but the two spot lights at the top corner of the deck have been out for a while, and seems impossible for me to get to, since it's up at the corner of the roof, but it' s certainly not urgent" [Ex.2, 5/31/07 email] . The tenant stated, in the same email message, "As requested by you, I am responding by today {May 3159 to confirm our decision to continue to lease. Although I haven't yet received a copy of the new lease that you were having drafted and mailed to me to sign, in accordance with previous communications and agreed upon terms, I assume that it will be much the same as originally agreed. In response to your next statement, I find it somewhat frustrating that you would falsely accuse me of never returning the corrected lease to you, that I received from you back in mid-October of last year. (As you recall, the f irst lease that I received from you in late September, 2005 was illegible, since the terms of the lease were truncated about an inch from the end of each line, except for the signature page and the lead paint pages.) I later received a legible copy of the lease, and you addressed my concerns, in conversations and email, and committed to the resolutions you came up with. As you are aware, I absolutely mailed it back to you, at the same address you listed on the lease, with the attachments (copies of the changes and/or clarifications you made via email correspondence with me) and my signature, as required. I will be more than happy to mail you another copy if you can't find it, or even fax it to you when I get back home today (around 6:00 - 6:30 pm. Or, if you provide me a fax number, I'll fax it right over) . Otherwise, I' ll mail you out another copy, not a problem. " [Ex.2, 5/31/07 email3 . There was no truth to these statements. In fact, the tenant never returned a signed lease, nor did she send the landlord any "attachments . . . changes and/or clarifications. " Significantly, there was no lease signed by the tenant, and no copy of a lease signed by the tenant, offered into evidence at trial. The tenant did offer at trial a five-paged "Addendum to Leasee document [EX-7) which she claimed was an overriding part of the lease contract. The Addendum bears her signature (twice) on the last page and also her initials on each of the preceding first four pages. The document, however, is not signed by the landlord. The tenant testified at trial that she sent the Addendum document to the landlord. This testimony was false. The landlord, whose testimony I credit, testified that he had not seen the Addendum document until it was produced by the tenant during the discovery phase of the case. The very. contents of the supposed Addendum belie the tenant's testimony that the landlord agreed to it, or even that she provided it to the landlord. The first page of the Addendum document: extends the term of the lease until June 2009 and "for as long as you (we) need a home"; prevents a rent increase through at least June 30, 2008; designates an exclusive parking space; eliminates the no-pet clause, stating that the tenant Is dog is a trained medical dog and is needed for both medical and safety reasons; eliminates the pet fee, stating "you know it' s illegal to charge a pet fee in MA" ; and describes the supposedly defective condition of the bathtub, that there is "continuous mold/mildew buildup" and "the wall next to the tub leaks, leaving the wall, soft with moisture, bubbling and peeling. " Pages two and three list extensive repairs to be completed. "AS A CONDITION OF TENANT PAYING MONTHLY RENT. " Page four postpones payment of the tenant' s last month's rent deposit until all work is completed; claims deception in the lack of a garage space; claims loss of $4,000 worth of furniture that was left on the deck due to no garage; and claims that there are too many tenants on the property. Pages four and five claim a right to reimbursement, due to landlord deception, (1) for monthly storage fees, (2) for rent reduction for lack of garage, (3) for rent reduction for loss of privacy, (4) for rent reduction for loss of use of deck for entertaining, due to its use for storage, due to lack of garage; (5) for $4, 000 of damaged/destroyed furniture; (6) for frustration; and (7) for loss of use of largest room in the unit_ At trial, the tenant supported her claim of loss of use of the largest room in the unit with a photograph [Ex.4] , which shows a bed, three chairs, and blankets all neatly arranged in a room with bare studs and no sheet rock ceiling or walls. The room depicted is in fact storage space, and it is not one of the four bedrooms, or other habitable space,- of the rented apartment. It is impossible to believe that the landlord agreed to the onerous "terms and conditions" contained in the Addendum. It is also impossible to believe that the landlord ever saw the Addendum document prior to this litigation, as many of its contents ("you know it's illegal to charge a pet fee in MA" ; "continuous mold/mildew buildup"; repairs to be completed "AS A CONDITION OF TENANT PAYING MONTHLY RENT"; payment of tenant's last month's rent deposit postponed until all work is completed; loss of $4,000 worth of furniture; right to reimbursement; loss of use of deck; loss of use of largest room) are nowhere to be found in the parties' email correspondence. The landlord replied to the tenant' s May 31, 2007, email, "Received the note regarding your stay at our house. Please note that we are being represented by counsel now and would appreciate that you or your attorney be in touch with Dudley Goar if you have any questions regarding the termination of our relationship. " [Ex.2, 6/5/07 13:34 PM email] . The tenant responded, "Yes, Chris, received your fed ex letter when I got home later that day. Attorney information noted. " [Ex.2, 6/5/07 2:25 PM email] . The health department records (Ex.8] and testimony at trial show the following: As mentioned, the landlord had communicated with the health department on March 12, 2007. The landlord also spoke with the health inspector on May 15, 2007, stating that he was serving the tenant with eviction papers by the end of the week via an attorney. The first communication from the tenant to the health department was on June 26, 2007. She called the department and stated to the health inspector: that her lease was up on the 30`" of June; that she was served in May with an eviction notice; and "that the pipes from her unit for the water heater and furnace are going through to another apartment, and she is getting charged for the heat/water usage. " By letter dated July 1, 2007 [Ex.11l , the tenant informed the landlord that she was "legally withholding rent, due to the Board of Health violations, and refusal to honor your agreement to renew my lease for the next 3 years and beyond, 'for as long as you (I) need a home. • " On July 2, 2007, a health official inspected the premises, and on July 3, 2007, issued an "Order Letter" that the owner hire a licensed electrician and licensed plumber to evaluate any cross- connections of electricity and plumbing. The owner' s plumber's letter dated July 6, 2007, reported that cross-connected plumbing had been corrected, and the owner's electrician's letter dated July 9, 2007, reported that all electrical wiring was separate and correctly metered. The health department issued a "Letter of Compliance" dated July 13, 2007, stating that all violations noted on the Order Letter were either corrected or did not exist. By letter dated July 23, 2007, the tenant communicated her dissatisfaction to the health department, stating that there was an additional code violation for cross-wiring for the outside lighting that had not been included; that her request "has been treated and handled with bias and outside of the legal requirements to which the Board of Health is obligated to adhere to"; and that the "unprofessional manner with which this is being handled . . , forced me to seek out and hire an attorney to handle this case, which I may very well be passing the costs of, on to your department. " At some point (the record does not show exactly when; item #17 of the document includes the date July 28, 2007) , the tenant provided the health department with her own nine-paged "Housing Code Checklist" specifying fifty-five supposed code violations. The inspectors expressly noted in writing their disagreement with some items on the Checklist: items #1, #2 no heat, and no electricity for the second floor large uninsulated unfinished bedroom (because it was storage space, not a habitable bedroom) ; item #4 toilet doesn' t flush (it flushes) ; #5 inadequate locks (found adequate) ; item 5 accumulation of garbage (no trash, tenant stated) ; #7, #55 lead paint (no one under six) ; #14 unsafe handrails (fine) ; #15 defect in electrical, plumbing or heating system (none) ; #16 cockroach, insect or rodent infestation (none found) ; #54 common areas front staircase (minimal wear) , accumulated trash (none seen) . On August 14, 2007, a health official, conducted another inspection, and on August 15, 2007, issued an "Order Letter" as to eighteen minor violations. The Order Letter noted that the tenant had presented an "extensive list of 55 items" as "possible concerns. " The first three items cited in the Order Letter were: "Observed Doorbell wire hanging out in excess of 18 inches - Push unused doorbell wire back into hole and cover so people cannot pull it out again"; "Observed storm door - spring has screws missing - top only - Replace screws in storm door spring or remove extra spring" ; "Screen doors were lacking on front storm door and mudroom - Show tenant location of front door screen and Install_ screen door in mudroom. " The most significant item cited was "Second Floor Bathroom - tub not draining; broken lever; caulking deteriorating - Repair drain problem and re-do caulking. " The landlord immediately responded, as evidenced by the email correspondence [8/16/07 8:14 AM, 8/16/07 2:20 PM, 8/20/07 7:49 AM, 8/20/07 11:28 AM, 8/20/07 11:30 AM] contained in the health department file. But despite an agreed appointment for August 21, 2007, the tenant refused to allow the landlord's maintenance company access to the premises to make the ordered repairs. By "Order Letter" issued August 21, 2007, the public health director ordered the tenant to comply with the State Code regarding providing access to the owner by August 24, 2007. The letter stated, "Failure to do so will result in a complaint filed against you in the Housing Court. " By email dated August 21, 2007, actually sent on August 31, 2007, the tenant asserted her right to a hearing before the Board of Health and also the Board of Selectman. In that letter, the tenant communicated her dissatisfaction with the health department's "Order Letter, " which, according to the tenant, was "filled with contrived information and blatant lies. " The tenant complained, in two pages, about "intolerable lack of professionalism, ethical behavior, honesty, neutrality and integrity" on the part of health department officials, about "fraudulent and slanderous" behavior, that the officials had "worked hard to ignore and avoid many other code violations in that list that was provided to you, " and of "collusion, biased actions and false reporting coming out of your office. " The health director sent the tenant a "Letter of Compliance" dated August 31, 2007, acknowledging that prior to the deadline the tenant had provided access to the owner to effect repairs as needed. The letter thanked the tenant for her cooperation. On September 6, 2007, health officials, from the Town of Andover, accompanied this time by officials from the state Department of Health, reinspected the premises, and issued another "Order Letter" dated September 10, 2007; two of the previously cited violations were noted as incomplete; six additional violations observed by the state officials were newly cited. Following the inspection, the tenant withdrew by letter dated September 6, 2007, her request for a hearing before the Board of Health put forth in her email letter dated August 21, 2007. She also asked (unsuccessfully) that her letter in which the request for hearing was made be expunged from the health department's file. Within a few days after the inspection (the health department record received in evidence in the case does not include a final "Letter of Compliance") , the landlord corrected all of the cited violations. 1. Rent The tenant has now withheld four months' rent totalling $7,580 at the agreed rate of $1,895 per month through October 31, 2007. The landlord voluntarily credits the tenant's rental debt with double the amount of her excess electricity utility charges, in the sum of $48 at $4 per month from the beginning of her occupancy on September 12, 2006, through September 12, 2007, by which time the plumbing and electrical cross-connections were corrected. Accordingly, the landlord is entitled to recover unpaid rent of $7,532. 2. Habitability The leading case of Boston Housing Authority v. Hemingway,, 363 Mass. 184, 293 N.E.2d 831 (1973) , teaches: "The existence of a material breach will be a question of fact to be determined in the circumstances of each case. Factors (not necessarily all inclusive) aiding the court' s determination of the materiality of an alleged breach of the implied warranty of habitability include: (a) the seriousness of the claimed defects and their effect on the dwelling' s habitability; (b) the length of time the defects persist; (c) whether the landlord or his agent received written or oral notice of the defects; (d) the possibility that the residence could be made habitable within a reasonable time; and (e) whether the defects resulted from abnormal conduct or use by the tenant. " Id. at 200-201; 843-844 . "A housing inspection report which certifies that Code violations exist which may endanger or materally impair the health or safety, and the well-being of any tenant therein or persons occupying said property' would constitute evidence of a material breach and the landlord' s notice of that breach. " Id. at 200; 843 fn. 15. "The State Sanitary Code's minimum standards of fitness for human habitation and any relevant local health regulations provide the trial court with the threshold requirements that all housing must meet. Proof of any violation of these regulations would usually constitute compelling evidence that the apartment was not in habitable condition, regardless of whether the evidence was sufficient proof of a constructive eviction under our old case law. However, the protection afforded by the implied warranty or habitability does not necessarily coincide with the Code' s requirements. There may be instances where conditions not covered by the Code regulations render the apartment uninhabitable. Although we have eliminated the defence of constructive eviction in favor of a warranty of habitability defence, a fact situation, which could have demonstrated a constructive eviction, would now be sufficient proof of a material breach of the warranty of habitability, regardless of whether a sanitary code violation existed or not. On the other hand, there may be instances of isolated Code violations which may not warrant a decision that the premises are uninhabitable_ The trial court must have the same broad discretion to determine whether there is a material breach given the special circumstances of each case as that accorded the board of health under Reg. 39 of the Code which allows the board to vary the application of any provision with respect to a particular case. " Id. at 200-201; 844 fn.16. In this case, the "seriousness of the claimed defects and their effect on the dwelling's habitability" was minimal. Also, the "length of time the defects persist" was minimal, mainly due to the landlord's willingness to immediately respond and effectuate repairs. This landlord was pro-active, as demonstrated by the fact that on March 12, 2007, months before the tenant made any complaint to the health department, he asked the department to make a full inspection of the premises. The earliest health department "Order Letter" to the landlord is that dated July 3, 2007, which cited no housing defects and no actual code violations, but required only an evaluation by the owner' s electrician and plumber of possible utility cross-connections. After the owner' s plumber and electrician reported that all cross-connected plumbing had been corrected and that there existed no cross-connected electrical wiring, the department issued its "Letter of Compliance" dated July 13, 2007, stating that all violations noted on the Order Letter were either corrected or did not exist. The August 15, 2007, Order Letter listed eighteen minor violations which were said to "require minimal work and do not need licensed personnel for correction. " After the department issued its August 21, 2007, Order Letter against the tenant for denying the landlord's workmen access, the landlord's workmen immediately repaired the cited violations. The September 10, 2007, Order Letter noted that two of the previously cited violations were incomplete and cited six more minor violations. Within a few days the landlord corrected all of the cited violations. It is significant that in none of the Order Letters did the inspectors certify (or even suggest) that violations exist which "may endanger or materally impair the health or safety, and the well-being of any tenant therein or persons occupying said property" as would constitute evidence of a material breach. Id. at 200; 843 fn.15. Here, the claimed housing defects were mere "instances of isolated Code violations" which do not warrant a decision that the premises were uninhabitable. Id. at 200-201; 844 fn.16. The most serious housing defect in this case was the cross- connection of the tenant's electrically heated hot water for the commonly used clothes washer, which violated the State Sanitary Code, 105 C.M.R. §410.190 (hot water) , §410.354 (A) (electricity and gas) . Also, according to the state inspector (the town inspector disagreed) there was a cross-connection of the tenant's electricity, to her side of the basement, which, according to the state inspector, was a common area because it was not walled off to prevent access by the other two tenants in the building. As to the cross-connection, there is nothing of merit to the landlord's argument that the tenant herself could have suffered no actual damage because she had placed her electricity (and gas) bills in one of her children's names [Ex.12, 13) . But where the landlord voluntarily credits the tenant with double the amount of her $24 estimated loss, against an unpaid rent balance of $7,580, the tenant is not entitled to habitability damages. On the facts and on the law, the landlord in this case did not materially breach the common law implied warranty of habitability. 3. Quiet Enjoyment The Quiet Enjoyment Law, Gen.L. c.186 §14, imposes both criminal . liability (from $25 to $300 fines and imprisonment up to six months) and civil liability (actual and consequential damages or three month' s rent, whichever is greater, plus court costs and a reasonable attorney's fee) upon a lessor or landlord (1) "who willfully or intentionally tails to furnish" [certain specified utilities or services] " or (2) "who directly or indirectly interferes with the furnishing by another of such utilities or services" or (3) "who transfers the responsibility for payment for any utility services to the occupant without his knowledge or consent" or (4) "who directly or indirectly interferes with the quiet enjoyment of any residential premises by the occupant" or (5) "who attempts to regain possession of such premises by force without benefit of judicial process." The tenant does not contend, nor could she, that defective housing conditions, which did not cause a material breach of the warranty of habitability, were "serious and substantial" enough to violate quiet enjoyment. See, Doe v. New Bedford Housing Authority, 417 Mass. 273, 284-288, 630 N.E.2d 248, 254-256 (1994) . The tenant does contend, however, that by renting an apartment with electrical utility cross-connections the landlord "transfer(ed] the responsibility for payment" for utility services to the occupant without her knowledge or consent, in violation of the statute, thus entitling her to three month's rent and a reasonable attorney' s fee. There is no merit to this claim. First, the condition of cross- connections existed at the onset of the tenancy. There was no "transfer" or change in payment responsibility from the landlord to the tenant. The only "transfer" that occurred was from the tenant' s utility service to the landlord' s service when the cross-connection conditions were identified and corrected. Moreover, where the landlord voluntarily credits the tenant with double the amount of her excess electrical utility charges, in the sum of $48, there was no ultimate "transfer" of the landlord's "responsibility for payment. " The tenant relies on two District Court decisions, Brinn v. Mello, 1998 Mass.App.Div. 70, 1998 WL 166635 (1998) , and GML Colp. V. Massey, 2007 Mass.App.Div. , 2007 WL 2728340 (2007) , which hold otherwise. I acknowledge the opinions in the District Court cases, but I respectfully disagree. These District Court decisions (although it appears that there were disruptions in service in the Massey case) seem inconsistent with similar utility cases decided by our Appeals Court, where there is no suggestion of liability under Gen.L. c.186 §14 for utility cross-metering code violations that do not result in interruptions in service. See, Young v. Patukonis, 24 Mass.App. 907, 908-909, 506 N.E.2d 1164, 1166 (1987) (rescript) ; Lezberg v. Rogers, 27 Mass.App. 115B, 539 N.E.2d 89 (1989) (rescript) ; Poncz v. Loftin, 34 Mass.App. 909, 911-912, fn.2, 607 N.E.2d 765, 767, fn.2 (1993) (rescript) ; Knott v. Laythe, 42 Mass.App. 908, 910, 674 N.E.2d 660, 662 (1997) (rescript) .. Mindful, that the Quiet Enjoyment Law, Gen.L. c.186 §14, imposes both civil and criminal liability, and that criminal statutes are to be strictly construed, Commonwealth v. Advantage Bank, 406 Mass. 885, 887, 550 N.E.2d 1388, 1389-1390 (1990) , neither the text of the statute nor the appellate court decisional law gives a lessor or landlord fair notice and warning that a criminal conviction with fines and imprisonment could result from a de minimus cross-metering code violation. I find and rule that the landlord in this case did not violate the statutory covenant of quiet enjoyment, Gen.L. c.186 914, by reason of utility service cross-connections or otherwise. 4. Security Deposit The landlord mishandled the security deposit which the tenant paid at the beginning of the occupancy by not complying with any of the requirements of the Security Deposit Law, Gen.L. c. 186 §15B. However, the tenant is not entitled to recover treble damages and attorney' s fees under the Security Deposit Law, Gen.L. c.186 §15B, for two reasons: First, the landlord returned the security deposit on August 8, 2007, promptly after the tenant first lodged a demand for its return in her counterclaim which her attorney served by mail on July 19, 2007, and filed in this Court on July 23, 2007. Although there is not any definitive appellate court ruling on the issue, I believe that our appellate courts would rule that such a return, made within the twenty day period allowed fora reply to a counterclaim by MRCvP Rule 12 (a) (1) , see also Rule 6(a) (excluding weekends and holidays) , Rule 6 (d) (adding three days to respond to papers served by mail) , and Rule . 7 (a) Reporter's Notes--1973 95 (the twenty-day period specified by Rule 12 (a) (1) applies to a reply to a counterclaim denominated as such) , satisfies the "immediate return" requirement of the statute, Gen.L. c.186 §15B(3) (a) . See and contrast, Castenholtz v. Caira, 21 Mass.App. 758, 764, 490 N.E.2d 494, 498 (1986) , where the tenant brought suit for his deposit and there was "no finding of a tender promptly thereafter. ,, Second, on the facts of this case, where the tenant, who was chronically late with her rent, and then withheld without justification four months' rent beginning July 1, 2007, the landlord was fully entitled to apply the tenant' s security deposit to unpaid rent. See and contrast, McGrath v. Mishara, 386 Mass. 74, 79-80, 434 N.E.2d 1215, 1219-1220 (1982) , where the landlord's bad faith deduction of rent that was not in fact due resulted in treble damage liability, citing Goes v. Feldman, 8 Mass.App. 84, 91-92, 391 N.E.2d 943, 948 (1979) , where the landlord's conditional return of a portion of the deposit resulted in liability for treble the entire amount. The tenant is entitled to no relief under the Security Deposit Law, Gen.L. c.186 §15B. S. Pet Deposit The parties agreed, and the lease form furnished by the landlord provided, that, in addition to a security deposit of $1,895 equal to the f irs t month's rent, the tenant would pay a $500 pet deposit. The $500 pet deposit requirement was unlawful, not because, as the tenant stated in her "Addendum, " that "it's illegal to charge a pet fee in MA" ; only because the pet fee constituted an additional security deposit which exceeded the first month's rent limitation of the Security Deposit Law, Gen.L. c.186 §15B(1) (b) . The tenant contends, correctly so, that imposition of the pet deposit, in excess of the limitation imposed by the Security Deposit Law, Gen.L. c.186 §15B(1) (b) , constitutes an unfair or deceptive act or practice under the Consumer Protection Law, Gen.L. c.93A. See, Attorney General's "Chapter 93A Landlord-Tenant" regulation, 940 C.M.R. §3 .17 (4) (a) . The tenant correctly contends that the landlord in this case, who lives in New York state and owns two other rental properties in Phoenix, Arizona, is "engaged in trade or commerce" within the meaning of Gen.L. c.93A §1(b) , §2 (a) . (I note, however, that in this case, it is the tenant, ("having owned 4 of our own rental properties (back in the 801s) " [Ex.2, 10/25/06 email] ) , who is the relative sophisticate between the parties. In comparison, the landlord, who was unsophisticated enough to not apply the tenant's deposit money, first to a last month's rent deposit, then to a security deposit, thus to avoid running afoul of the requirements of the Security Deposit Law, Gen.L. c.186 §15B(1) (b) , and §15B(2) (b) - (c) , §15B(3) (a) , where half the deposit money was not paid, is the relative innocent. ) The tenant relies on the case of Leardi v. Brown, 394 Mass. 151, 474 N.E.2d 1094 (1985) , where the landlord adamantly refused, after written demand, to cease using a lease with six unlawful provisions. Id. at 157; 1100 fn.7. But this is not a case like Leardi. As explained by the Court in Hershenow v. Enterprise Rent-A-Car Company of Boston. Inc. , 445 Mass. 790, 799-800, 840 N.E.2d 526, 534 (2006) : "In that case, a residential landlord had included statutorily noncompliant provisions in standard apartment leases with his residential tenants. The terms of the lease misled the tenants as to the landlord's statutory obligation to maintain the premises in habitable condition. *** In Leardi, the requisite causal connection was established: confronted by unhabitable conditions, the illegal lease terms would deter tenants from exercising their legal rights on pain of loss of their tenancy. Stated differently, the illegal lease terms acted as a powerful obstacle to a tenant' s exercise of his legal rights. If a tenant challenged unhabitable conditions by withholding rent, for example, he faced immediate eviction. The mere existence of statutorily prohibited lease provisions placed all tenants in a worse and untenable position than they would have been had the leases complied with the requirements of Massachusetts law. " Instead, this is a case like Roberts v. Enterprise Rent-A-Car Company of Boston. Inc. , 445 Mass. 811, 813-814, 840 N.E.2d 541, 543 (2006) , where the plaintiff, who did not purchase a collision damage waiver in his rental car contract, could not have suffered any injury with respect to a product he did not even purchase. Similarly, the tenant in this case, who neither paid any pet fee, nor signed any lease providing for it, could not have suffered any loss or injury for a fee she never paid or from a lease she never signed. Furthermore, the landlord could not have returned deposit monies that were never paid, and he could not have deleted an offending provision from a lease that the tenant never signed or returned; thus the landlord was unable to exercise his cure rights under the statute. See, Kohl v. Silver Lake Motors, Inc. , 369 Mass. 795, 343 N.E.2d 375 (1976) (establishing that a reasonable offer of settlement operates as a complete defense to a claim under the Consumer Protection Law, Gen.L. c.93A) . The tenant is entitled to no relief under the Consumer Protection Law, Gen.L. c.93A. 6. Retaliation The tenant claims a right to damages and a defense to the landlord's claim for possession under the Retaliatory Eviction Laws, Gen.L. c.186 §18 and c.239 §2A. The tenant appears to concede, as she must, that no statutory presumption of retaliation can arise from the tenant's complaints to the health department which she made no earlier than June 26, 2007, after acknowledging by email on June 5, 2007, receipt of the landlord's notice to quit given on May 30, 2007, all following the landlord's request for assistance that he made to the health department as early as March 12, 2007. The tenant contends, however, that she is entitled to the benefit of the statutory presumption because the landlord's notice to quit was given, and this ensuing summary process action lodged against her, within six months after she complained in writing to the landlord about utility cross-connections by her email on May 10, 2006. I assume without deciding that the email satisfies the "writing" requirements of the statutes; I note that an email is more like a writing than a telephone call, but less like a writing than a letter, and perhaps less than a facsimile transmission. I also assume that the tenant' s email on May 31, 2007, did not waive her May 10, 2006, email complaint, although the May 31, 2007, email rather clearly indicated that both the issue of utility cross- connections and all issues of repairs were satisfactorily resolved. The tenant focuses upon the partial, selective chronology. (1) that on May 6, 2007, the landlord was willing to renew the tenancy, (2) that on May 10, 2007, the tenant complained about utility cross- connections, and '(3) that on May 15, 2007, the landlord told the health department that he was having his attorney serve the tenant with eviction papers. Further, the tenant argues that the landlord's testimony at trial, that the tenant's email on May 18, 2007 (complaining that neighboring tenants were "bratty, immature and irresponsible" and that "The two of them are just riff raff, and enjoy behaving maliciously") simply put him "over-the-edge, " is false, untruthful "pre-text" ; that the landlord' s true reason and motivation for terminating the tenant's occupancy and seeking her eviction, which he stated to the health department on May 15, 2007, that he intended to do, is to retaliate against the tenant in reprisal for her May 10, 2007, email complaint about plumbing and electric utility cross-connections. There is clear and convincing evidence, even overwhelming evidence, to the contrary. First, this landlord is not a landlord who was angered, offended, or afraid of code enforcement. It will be recalled that it was the landlord, not the tenant, who first contacted the health department, as early as March 12, 2007, in an effort to comply with housing code requirements. Second, this landlord is not a landlord who tried to avoid, or shy away from, housing maintenance obligations. It will be recalled that in response to the tenant's "accumulated . . . list" of "things that need to be fixed, repaired or replaced" the landlord responded to all of the tenant's listed nine items -- the same day. Third, this landlord is not a landlord who was vengeful, vindictive, or even callous and unsympathetic to the tenant's personal troubles (there is of course no legal obligation to be humane or compassionate) . It will be recalled that, even after the tenant lied about her prior eviction, about her prior late payments of rent, and about her address, and even after the tenant paid no last month's rent deposit, was chronically late in her rent payments, and refused to sign and return a lease, the landlord was still willing to "work with her" and was willing to continue the rental relationship, which he stated to the tenant as late as May 6, 2007 . I find entirely truthful the landlord's testimony that the tenant's May 18, 2007, email, which threatened to drive out neighboring good rent-paying tenants, simply put him "over-the-edge, " that is, beyond the point-of-no-return,. I find as the ultimate fact that the tenant's May 10, 2007, email about utility cross-metering played no part in the landlord's decision to evict. The tenant is entitled to no relief under the Retaliatory Eviction Laws, Gen.L. c.186 §18 and c.239 §2A. t 7. Possession The landlord's summary process action is supported by a timely, definite and unequivocal notice to quit_ The tenant is not entitled to defend or counterclaim under Gen.L. c.239 §2A or §8A or otherwise. Accordingly, the landlord is entitled to recover possession of the rental premises. ORDE12 Enter judgment for the plaintiff for $7,532 rental debt, for possession of the premises, and for dismissal on the merits of the defendant' s counterclaims, with $324 statutory costs. J "'� David D. Kerman Associate Justice October 11, 2007 - - - ------ - ---ami IUM14L.r tAUt b�ib� .4 VQ o Fc0'OY THE COMMONWEALTH OF MASSACHUSETTS >j�ss ST s HOUSING COURT DEPT. NORTHEAST DIVISION SUMMARY PROCESS NO, 07SP002244 TO: Michelle Grant Town of North Andover Public Health Department 1600 Osgood Street North Andover,MA 01845 GREETINGS: You are hereby commanded, in the name of The Commonwealth of Massachusetts, to appear before the Northeast Division Housing Court, Fenton Judicial Cen.ter, 2 Appleton Street, Lawrence, MA 01840 within and for the county of. Middlesex on the 27th day of September 2007, at 9:00 a.m., and from day to day thereafter, until the action hereinafter named is heard by said Court, to give evidence of what you know relating to an action of tort then and there to be heard and tried between: J Christopher Jenkins,Plaintiff and P Patricia Warringer,Defendant. *You are further requested to bring with you the entire file of the Town of Andover, Public Health Department gelating to 75 Davis Street,North.Andover,MA. Hereof fail not, as you will answer your default under the pains and penalties in the law in that behalf made and provided. AY�F \\O p�SYl184s Dated at Concord, Massachusetts the 24th day of September, 2007. p f9Y �-�- �j Lly N6NN' Notary Publi i �� v� y ��� �� � � sU �- A Of NORT11 3:• - o � �Oc Town of North Andover thHEALTH DEPARTMENT SACMUSf q CHECK#: DATE: y LOCATION: H/O NAME: CONTRACTOR NAME: C� Type of Permit or License: (Check box) ❑ Animal $ ❑ Body Art Establishment $ ❑ Body Art Practitioner $ ❑ Dumpster $ ❑ Food Service-Type: $ ❑ Funeral Directors $ ❑ Massage Establishment $ ❑ Massage Practice $ ❑ Offal(Septic)Hauler $ ❑ Recreational Camp $ ❑ Sun tanning $ ❑ Swimming Pool $ ❑ Tobacco $ ❑ Trash/Solid Waste Hauler $ ❑ Well Construction $ SEPTIC Systems ❑ Septic-Soil Testing $ ❑ Septic-Design Approval $ ❑ Septic Disposal Works Construction(DWC) $ ❑ Septic Disposal Works Installers(DWI) $ ❑ Title 5 Inspector $ ❑ Title 5 Report $ Other:(Indicate) $ _ 2651 Health Agent Initials White-Applicant Yellow-Health Pink-Treasurer LAW OFFICE OF JOHN S. WESSLER Check Number: 6799 6799 TOWN OF NORTH ANDOVER Check Date: Sep 25,2007 PUBLIC HEALTH DEPT. Check Amount: $4.00 1600 OSGOOD STREET NORTH CHELMSFORD, MA 01845 Payment Information Discount Taken Amount Paid Invoice: 75 DAVIS STREET FILE 4.00 V►ORT#1 Oftt�ac nolti0 0? 6' P 6 OIC 4 SGHUS PUBLIC HEALTH DEPARTMENT Community Development Division September 20, 2007 WESSLER AND WASSERMAN ATTORNEYS AT LAW John S. Wessler, Esq. General Practice 439 S. Union Street, Suite 201 Lawrence, MA 01843 Dear Attorney Wessler: Enclosed are the true and attested copies of the items requested from the 75 Davis Street file. The charge for the copies is $4.00. Please send a check payable to the Town of North Andover, and mail to the below address. Thank you. Sincerely RECEIVED 00 OCT 9 2007 AS an Y. Sawy6r, REHS/RS [HEALTH OF �_t Public Health Director aEPARTM5,4T Cc: File Enc: Copies of inspections and correspondence from 75 Davis Street file 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 fax 978.688.8476 Web http://www.townofnorthandover.com Ot,AORT:,M . 1 4. Vplwmw `Town of North Andover HEALTH DEPARTMENT �SS�cHustt CHECK#: v1odPATE: 7 LOCATION: H/O NAME: �- CONTRACTOR NAME: Type of Permit or License: (Check box) ❑ Animal $ ❑ Body Art Establishment $ ❑ Body Art Practitioner $ ❑ Dumpster $ ❑ Food Service-Type: $ ❑ Funeral Directors $ ❑ Massage Establishment $ ❑ Massage Practice $ ❑ Offal(Septic)Hauler $ ❑ Recreational Camp $ ❑ Sun tanning $ ❑ Swimming Pool $ ❑ Tobacco $ ❑ Trash/Solid Waste Hauler $ ❑ Well Construction $ SEPTIC Systems: ❑ Septic-Soil Testing $ ❑ Septic-Design Approval $ ❑ Septic Disposal Works Construction(DWC) $ ❑ Septic Disposal Works Installers(DWI) $ ❑ Title 5 Inspector $ ❑ Title 5 Report $ then. (Indicate)( 2625 Health Agent Initials White-Applicant Yellow-Health Pink-Treasurer NORT►i q �iO 'I's. .6 ~O O �9SSACHl1`�ES�y PUBLIC HEALTH DEPARTMENT Community Development Division September 21, 2007 RECEIVED Dudley C. Goar SEP 2 7 2007 Attorney At Law TOWN OF NORTH ANDOVER 91 Main Street,No. 206 HEALTH DEPARTMENT Concord, MA 01742 Dear Attorney Goar: Enclosed are the true and attested copi of requested from the 75 Davis Street file. The administrative charge for the copies ' $13.20Fank lease send a check payable to the Town of North Andover, and mail to the below addre you. Since ly, Susan Y. Savvy, RE /RS Public Health Director Cc: File Enc: Copies of inspections and correspondence from 75 Davis Street file 1600 Osgood Stred, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web http://www.townofnorthandover.com Town of North Andover '•��••' HEALTH DEPARTMENT COMMUNITY DEVELOPMENT AND SERVICES 1600 Osgood Street, Bldg.20,Suite 2-36 North Andover,Massachusetts 01845 t Z to pORTFr p�tt�ec 's�'V • O 6 0L O e O?A cxwiAr .�riw.c. ��SSACHUS PUBLIC HEALTH DEPARTMENT Community Development Division Letter of Compliance DATE: September 26, 2007 OWNER OF RECORD PROPERTY LOCATION Christopher Jenkins 126 Croton Lake Road 75 Davis Street Katonah,NY 01536 North Andover, NIA 01845 The Health Department ORDER LETTERS dated August 15, 2007 and September 9, 2007 were issued to you, as the owner of the property listed above, citing violation of the State Sanitary Code, 105 CMR 410.000,Nfmimum Standards of Fitness for Human Habitation. All violations noted have been corrected. Thank you for your cooperation in this matter. Sincerely, S Y. Sawyer, RfEHS Public Health Director Xc: File 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com 75 Davis Street -North Andover Page 1 of 1 DelleChiaie, Pamela From: Dudley C. Goar, Attorney at Law[dudley@goar-law.com] Sent: Friday, September 21, 2007 3:57 PM To: DelleChiaie, Pamela Subject: RE: 75 Davis Street- North Ando Hi Pam: Please send a true and aftsted copy of everything you have, if possible. Thank --Dudley Goar Dudley C.Goar,Attorney at Law ✓�" � / 91 Main Street,No.206 Concord,MA 01742 Telephone:(978)369-1505 Facsimile:(978)369-1571 _^ P� I e-mail:dudley!a:goar-law.com off, B /� -----Original Message----- 9 From: DelleChiaie, Pamela [ma i Ito:pdel lech @townofnortha ndover.com] Sent: Friday, September 21, 2007 3:44 PM To: dudley@goar-law.com Subject: 75 Davis Street - North Andover Importance: High Atty. Goar, I have made copies of the above file, and had them true and attested by the Town Clerk. We also have some additional e-mail correspondences that we since found, and I can send copies as is with what I have, or have them true and attested next week. If I don't hear from you, I will send the true and attested copies only. Please let me know by 4:00 p.m. today. Thank you. 1910sf Ragwads, PAWO,ea D,046'0G0ilziwi¢ Health Department Assistant Town of North Andover 1600 Osgood Street Building 20,Suite 2-36 North Andover,MA o1845 2978.688.9540-Phone 978.688.8476-Fax http://%,ivw.townofhorthandover.com healthdept@townofnorthandover.com 9/21/2007 • f: µORTff q O �tttu s• NO ti �• O}b cxweaawirca`y ��SSACHUg'�A9 PUBLIC HEALTH DEPARTMENT Community Development Division Letter of Compliance DATE: September 26, 2007 QWNERJ, F RECORD PRG- PERU LOCATION Christopher Jenkins 126 Croton Lake Road 75 Davis Street Katonah,NY 01536 North Andover,MA 01845 The Health Department CARDER.LETTERs dated August 15, 2007 and September 9, 2007 were issued to you, as the owner of the property listed above, citing violation of the State Sanitary Code 105 CMR 410.000, Minimum Standards , of Fitness for Human Habitation. All violations noted have been corrected. Thank you for your cooperation in this matter. Sincerely, S Y. Sawyer, S/R Public Health Director Xc: File 1600 Osgood Street,North Andover,Massachusetts 0)845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com 1►ORTti q O �twam 4161 ti00 O* cec+iwirrtw 1' �4SSwc►+us PUBLIC HEALTH DEPARTMENT Community Development Division Letter of Compliance DATE: September 26, 2007 OWNER OF RECORD PROPERTY LOCATION Christopher Jenkins 126 Croton Lake Road 75 Davis Street Katonah,NY 01536 North Andover,MA 01845 The Health Department ORDER LETTERS dated August 15, 2007 and September 9,2007 were issued to you,as the owner of the property listed above, citing violation of the State Sanitary Code, 105 CMR 410.000,Minimum Standards of Fitness for Human Habitation. All violations noted have been corrected. Thank you for your cooperation in this matter. Sincerely, 4SY��S�a-wyer, RfEHSIR Public Health Director Xc: File i II i i 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 418.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com i p 4twao •aa 4r0 0 iF t, eya O7A eocw%wwrta`` �9SS�cHug PUBLIC NEALTN DEPARTMENT Community Development Division Letter of Compliance DATE: September 26, 2007 OWNER OF RECORD P —MRTY LOCATION Christopher Jenkins 126 Croton Lake Road 75 Davis Street Katonah, NY 01536 North Andover,MA 01845 The Health Department ORDER LETTERS dated August 15, 2007 and September 9, 2007 were issued to you, as the owner of the property listed above, citing violation of the State Sanitary Code, 105 CMR 410.000,N inimum Standards of Fitness for Human Habitation. All violations noted have been corrected. Thank you for your cooperation in this matter. Sincerely, S Y. Sawyer, S Public Health Director Xc: File 1600 Osgood Street,North Andover Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com The Commonwealth of Massachusetts Executive Office of Health and Human Services - Department of Public Health Bureau of Environmental Health V yrr Community Sanitation Program 180 Beaman Street DEv opo cx West Boylston, MA 01583 TIMOTHY P.MURRAY Telephone: 508-792-7880 LIEUTENANT GOVERNOR Facsimile: 508-792-7706 JUDYANNY,MD SECRETARTARY TTY: 508-835-9796 JOHN AUERBACH COMMISSIONER September 10, 2007 Susan Sawyer, Director N.Andover Health Department 1600 Osgood St., Building 20, Suite 2-36RE F. ." 'VED N.Andover, MA 01845 RE: 75 Davis St. Inspection SEP 1 2 2007 Tow AVIOVER Dear Ms. Sawyer: HE .,,T,. nor After review of your order dated September 10, 2007, issued to Christopher Jenkins, all violations witnessed during our joint inspection of 75 Davis St. on September 6, 2007 have bepAi lis/tedin the order. n 1 , alfma n As sista�t. rector Paul.Half ann(@state.ma.us www.mass.crov/diph/dcs cc: Steve Hughes, Director, CSP 410-N.Andover-Davis St.-Verification 9-10-07 Re: Property: 75 Davis Street From:North Andover Board of Health / Date:August 15,2007 E� ORDER LETTER Upon written request by the tenant, a second inspection was performed at 75 Davis Street by Board of Health staff on Tuesday,August 14,2007. The tenant presented an extensive list of 55 items to the Health staff to use as guidance for possible concerns. Below are the items found by the Board of Health to be applicable as violations of 105 CMR 41.0.000 Chapter 11 of the State Sanitary Code, Minimum Standards of Fitness for Human Habitation. These items noted below require minimal work and do not need licensed personnel for correction. All items listed relating to the unfinished storage room are not violations, as this room is not considered a habitable space and therefore does not have to meet the requirements of habitable space. All violations must be corrected within Ten(10) days of receipt of this Order Letter. Any reque is for extension must be received in writing and detail the reasons for the need and the requested extension time. 64�7 Regulatory Reference Re- Violation Inspection Observed Doorbell wire hanging out in excess of.1S inches. 410.256: Temporary Wiring ; "No wiring......nor shall any extend through a doorwayor other opening in ttc.rt a structural element." > Push unused doorbell wire back into hole and cover so people cannot pull it out a ain Observed storm door—spring has screws missing—top only. 410.552:Screens for Doors The owner shall provide a screen door for all doorways opening directly to the outside from f t" any dwelling unit or rooming unit where the screen door will be permitted to slide to the side 14V 7 !+ or open in an outward direction,provided,that in an owner-occupied unit,the owner need provide screens only for those doorways used for ventilation. 411 new or replacement screens in screen doors shall be of not less than 16 mesh per square Inch. Said scrren door: (1)shall be equipped with.a self-closing device except where the screen is designed to slide to the side;and(2)shall be tight fitting as to prevent the entrance of insects and rodents around the perimeter. > Replace screws in storm doorspring or remove extraspring Screen doors were lacking on front storm door and mudroom 410,500:Screens for Doors 7/4.)0-7 > Show tenant location of front door screen and Install screen door in mudroom Living Room—observed 2"hole from old radiator on floor under front 410.500: Owner's Responsibility ( fN� ��, window. to Maintain Structural Elements "Every owner shall maintain the foundation,floors,walls,doors,windows,ceilings,roof, staircases,porches,chimneys,and other structural elements of his dwelling so that the dwelling excludes wind,rain and snow,and is rodent proof,watertight and,free from chronic dampness;weathertight,in good repair and in every way fit for the use intended. Further,he shall maintain every structural element free from holes,cracks,loose plaster,or other defect where such holes,cracks,loose plaster or defect renders the area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage." v Pill Hole Living Room front door—observed gap of wooden floor piece missing 410.500: Owner Responsibility along threshold to Maintain Structural Elements � �'7 > Repair missing piece of wood Living Room—left wall-observed old outlet covered by tape—tape 410.500: Owner Responsibility [ removed;previous patch ripped open. to Maintain Structural Elements fCa1` 7 > Patch outlet opening with permanent wall covering material Dining Room—observed 8"x.V?piece of wood missing by built in 410.500: Owner Responsibility /',-I C0.7 it cabinet along the wall to Maintain Struct%,,�, . S > Replace missing piece of wood Bathroom—lst Floor—Pocket door off track 410.150 6A)( W ns C/-A „"7 "Each room which contains a toilet,bathtub or shower shall be fitted with a door which is Toilets, Tubs! oi7Qf� Re:Property:75 Davis Street From:North Andover Board of Health Date:Se #emher 10 2007 constitutes an accident hazard or an insect or rodent harborage." ➢ Fill holes in walls Basement common lights on tenant electrical 410.254 All common area lighting shall be provided by the landlord or A letting agreement shall state that the occupant is responsible for paying for light in the common area ➢ Have electrician move lights onto the landlord electrical bog Living room closet—hole in ceiling,wall,electrical outlet,peeling 410500 paint etc. Every owner shall maintain thefoundation,floors,walls,dears,windows,ceilings,roof, staircases,porches,chimneys,and other structural elements of his dwelling so that the dwelling exchides wind rain and snow,and is rodent proof,watertight and free from chronic dampness,weathertight,in good repair and in every way fit for the use intended Further,he shall maintain every structural element free from holes,cracks,loose plaster,or other defect where such holes,cracks,Loose plaster or defect renders the area docult to keep clean or constitutes an accident hazard or an insect or rodent harborage," 9 Repair wallceiling etc.inside closet Second Floor storage room has no light 410.253(A) The owner shall provide and so locate electric light switches and fixtures in good working order so that illumination may be provided for the safe and reasonable use of every laundry,pantry,foyer,hallway... storage place.. ➢ Install prger electrical lighting in sWLaLe area Second Floor utility room with temporary screen 410.551 The owner shall provide screens for all windows designed to be opened. (1)shall cover that part of the window that is designed to be opened. (2)shall be tight fitting as to prevent the entrance of insects and rodents (3)expandable screen temporary screens shall not be deemed to satisfy the requirements A Install proper screen Exterior light bulbs--may be burnt out 410.253 Lights above deck for the illumination of the porch Check bulb status and replace or fig if out All violations most be corrected within Ten(10)days of receipt of this Order Letter,Any requests for extension must be received in writing and detail the reasons for the need and the requested extension time. Cc: Attorney Gary Rothberger,representing Tenant—Patricia Warringer lMEST: A True Copy Town Clerk :m.2"No ': bh 0119 Mr,Michael B.Grant 9 July 2407 Public Heath Imspector Town of North Andover 1600 Osgood Street North Andover MA,01845 RE:75 Davis Street,North Andover MA 01845—electrical separation of services Dear Mr. Grant On the 9a'of July 2007 at the request of Mr. Cris Jenkins we inspected the property at 75 Davis Street and found that all of the electrical wiring to each of the(3)tenant spaces and house panel were separate and correctly metered. The following tests were performed. I. Power was turned off to all of the tenant spaces and each apartment unit was verified to ensure that the all electrical services were not commingled and metered correctly. 2. All appliances,outlets and lights from the 75 Davis street electrical service are fed only by the 75 Davis street electrical meter and the electrical services used in the dwelling unit are metered through meters which serve only the dwelling unit_ 3. Power for the washer, Dryer and exterior common area lighting were verified to ensure that the wiring originated and was metered by the house panel. My Massachusetts Master Electricians License number its 938MR Please call me should you have any further questions. inceP. WeWissfloor�cs5id/ ark KW V, anagement,Inc, Ss Lake Street 4 Box # 4 NASHuA, NH 03069 (603)599-0191 Office (663) 599-51" Bax A True Cop a.5. .. Town.Clerk Re:Property:75 Davis Street From:North Andover Board of Health Date: September 10 2007 The fixtures as required in 105 CMR 410.150(A)and 410.150(B)shall have smooth and Toilets, Tubs and Showers 9/6/07 impervious surfaces and be free from defects which make them difficult to keep clean,or create an accident hazard. ➢ Secure vanity top to the unit Kitchen—Trim for slider missing 410.500:Owner's Responsibility Incomplete ➢ Finish trimming slider to Maintain Structural Elements . 9/6/07 Fill holes and m Kitchen—sink faucet in disrepair/louse 410.100(B):Kitchen Facilities Complete The facilities required to 105 CMR 410.100(A)shall have smooth and impervious surfaces and 9/6/07 be free from defects that make them difficult to clean or creates an accident hazard. ➢ Re air faucet Second Floor—observed gaps at threshold corners floor by bathroom 410.500:Owners Responsibility Complete ➢ Repair gap in threshold on floor to Maintain Structural Elements 9/6/07 Second Floor Bathroom-tub not draining;broken lever;caulking 410.150(D): Washbasins, Incomplete deteriorating Toilets, Tubs and Showers 916107 lever ➢ - Repair drain problem and re-do ca must work Second Floor Hallway—light fixture hanging/dislodged from ceiling 410.351:Owner's Installation Complete The owner shall install or cause to be installed,in accordance with accepted plumbing, . andMaintenance 9/6/07 gasfimng and electrical wiring standards,and shall maintain free from leaks;obstructions or other defects Responsibilities i ➢ Reconnect Light Fixture to ceilin Third Floor—right room closet—observed 18"x 18"approx.hole size 410.500:Owner's Responsibility Complete ( . in ceiling to Maintain Structural Elements 9/6107 ➢ Repair Hole Third Floor—handrail—top fastener loose 410.500:Owner's Responsibility Complete ➢ Repair Handrail to Maintain Structural Elements 9/6/07 Sign Posting—no landlord or manager posting 410.481:Posting ofName of Complete An owner of a dwelling which is rented for residential use,who does not reside therein and Owner 9/6/07 who does not employ a manager or agent for such dwelling who resides therein,shall post and maintain or cause to be posted and maintained on such dwelling adjacent to the mailboxes for such dwelling or elsewhere in the interior ofsuch dwelling in a location visible to the residents a notice constructed of durable materia4 not less than.20 square inches in size,bearing his name,address,and telephone number. If the owner is a realty trust or partnership,the name, address and telephone number of the managing trustee or partner shall be posted Ifthe owner is a corporation,the name,address and telephone number ofthepresidentofthe corporation shall be posted Where the owner employs a manger or agent who does not reside in such dwelling,such manager or agent's name,address and telephone number shall also be included in the notice(SeeM.G.L c.143,34 ➢ Post Si Basement—Three lights in rear not operational 410.253(A):Light Fixtures Delete/no ➢ First check breaker box since there are 3 out.If not a Other than in Habitable Rooms violation breaker,repair as needed or Kitchens Additional items identified on 9/6/07 Health Dept. accompanied by DPH—Communky Sanitation personnel Kitchen walls—holes from old fixtures 410.500 'Every owner shall maintain the foundation,floors,walls,doors,windows,ceilings,roof, staircases,porches,chimneys,and other structural elements ofhis dwelling so that the dwelling excludes wind,rain and snow,and is rodent proof,watertight and free from chronic dampness,weathertight,in good repair and in every way fit for the use intended. Further,he shall maintain every structural element free from holes,cracks,loose plaster,or other defect where such holes,cracks,loose Plaster or d ect renders the area difficult to keep clean or1�'��1'E s : Town Clerk Re: Property: 75 Davis Street From:North Andover Board of Health Date:August 1.5,2007 capable of being closed. ➢ Place door back on door track or fix as needed Bathroom—1"Floor—vanity top loose 410.150(D): Washbasins, / The fixtures as required in 105 CMR 410.150(A)and 410.150(B)shall have smooth and Toilets, Tubs and Showers impervious surfaces and be free from defects which make them difficult to keep clean,or create an accident hazard. ➢ Secure vanity top to the unit i Kitchen—Trim for slider missing 410.500: Owner's Responsibility ➢ Finish trimming slider to Maintain.Structural Elements ! Kitchen—sink faucet in disrepair/loose 410.100(B):Kitchen Facilities The facilities required in 105 CMR 410.700(A)shall have smoothand impervious surfaces 71 G t/c�;' and be free from defects that make them difficult to clean or creates an accident hazard. ➢ Repair faucet Second Floor—observed gaps at threshold corners floor by bathroom 410.500: Owner's Responsibility '*/6 7 07 ➢ Repair gap in threshold on floor to Maintain Structural Elements Second Floor Bathroom—tub not draining;broken lever;caulking 410.150(D): Washbasins, ��,� deteriorating Toilets, Tubs and Showers ta,4r t ➢ Repair drain problem and re-do caulking Second Floor Hallway—light fixture hanging/dislodged from ceiling 410.351: Owner's Installation 9 The owner shall install or cause to be installed,in accordance with accepted plumbing, and.Maintenance gasfitting and electrical wiring standards,and shall maintain free from leaks,obstructions or Responsibilities I other defects ➢ Reconnect Light Fixture to ceiling Third Floor—right room closet—observed 18"x 18"approx.hole size 410.500: Owner's Responsibility in ceiling to Maintain Structural Elements ➢ Repair Hole Third Floor—handrail—top fastener loose 410.500: Owner's Responsibility 9 LIP 7 3 ➢ Repair Handrail to Maintain Structural Elements Sign Posting—no landlord or manager posting 410.451:Posting of Name of Anowner of a dwelling whichis rented for residential use,who does not reside therein and j Owner 'tl tl 4y who does not employ a manager or agent for such dwelling who resides therein,.shall post and maintain or cause to be posted and maintained on such dwelling adjacent to the mailboxes fol•such dwelling or elsewhere in the interior of such dwelling in a location visible to the residents a notice constructed of durable material,not less than 20 square inches in size,bearing his name,address,and telephone number. If the owner is a realty a•ust or partnership,the name,address and telephone number of the managing trustee or partner shall be posted If the owner is a corporation,the name.address and telephone number of the president of the corporation shall be posted. Where the owner employs a manger or agent who does not reside inn such dwelling,such manager or agent's name,address and telephone number shall also be included in the notice(.See M.G.L.c.743,3SJ. ➢ Post Sign Basement—Three lights in rear not operational 410.253(A):Light Fixtures ➢ First check breaker box since there are 3 out. If not a breaker, Other than in Habitable Rooms repair as needed or Kitchens Cc: Attorney Gary Rothberger,representing Tenant—Patricia Warringer Ajill P7 c— 2� .ATTEST: (/ G 'Town Clerk: . Com v4SR{,n-\ CO Y% Dated type subject -1 6/26/2007 form initial comp. form 2 6/27/2007 report Geo initial comp. rep. -3 7/2/2007 insp rep MG first insp --4 7/3/2007 OL, 2 pages to CJ from MG @ 7/2 insp -5 7/6/2007 fax Mr. Plumber -6 7/7/2007 fax Mr. Plumber -7 7/9/2007 green card landlord picked up OL 7/9 -8 7/9/2007 letter KW elec. -9 7/10/2007 fax from electrical contractor -10 7/13/2007 LOC To CJ from MG 11 7/23/2007 letter from PW to MG -12 7/24/2007 letter req. for atty info from SS -13 7/30/2007 letter attorney info from PW -14 7/30/2007 fax cover sheet -�-o VW A-b S5 -15 8/3/2007 fax from SS to carol Mc -16 8/8/2007 letter from G. Roth to SS req insp. -17 8/8/2007 fax from SS to CM pis call -18 8/8/2007 Itr From SS to Atty Roth@ missing 19 8/14/2007 insp rep along with 8/15 reinsp comm - 20 8/14/2007 housing check list provided by tenant to SS 21 8/15/2007 OL 3 pgs -22 8/16/2007 email from CJ access for tub -23 8/16/2007 email from CJ to SS general 24 8/20/2007 emails between PW, CJ @ repairs -25 8/21/2007 email angry Itr to SS from PW -26 8/21/2007 email PW accusations to SS -27 8/21/2007 OL access OL to PW from SS -28 8/29/2007 email to PW from MG -29 8/31/2007 LOC to PW from SS access issue -30 9/4/2007 fax between MG and PW -31 9/4/2007 fax to DPH from SS -32 9/6/2007 letter from PW to expunge -33 9/6/2007 insp form hand written insp -34 9/10/2007 5 page fax cover OL to NIJenkins and Atty Wasserman + sena --35 9/10/2007 letter from DPH Paul Halfmann Asst. Dir of Comm. San DPH 36 9/10/2007 OL 3rd OI with reisnp notes -37 9/13/2007 green card M Jenkins picked up 9/13/2007 �.,.,,.. .. .........,. ^*e..�'�T'. 777 .�"..�.�._.r....Y. ..r a:. a4 ., u+.a .' A.Flplica, Vie ✓klEty HrG'I,E RESIVOT CENSUS PETNOFA POLLS MAIM REPORTS EXTRACTS SoWv<rv`n+ EXIT 4 CENSIVOTR r Last flame: First(lame: Ildiddle 117me:` Title: Show Deleted? fi — r..... ...r...�.w. .�. �.W...y... ..�. �.�. , jIl ' No �` Yes ONLINE 110: Sfx: Street flame: Unit: City: Res Zip: � Both s . 75 DAVISSTn NORTHANDOVER CERTIFY , Resident ld: Head of Hshlcl Itl{Census r(i}:, Par Sta Name #.,Red tWicaWs.PSC: Address, Gen DDB Ward ;Gensu�--rMail Reg Del Occupation: DEL VOTER tY tus ; tierPrnct .tYear to Mode I ' 1 1 DAVIS1 1STUDENT Del Inactive o U VVARRINGER,PATRICIA A 75 DAVIS ST F 01/22/1955 0 104 2007 0 Y I COMPUTER TRA ' Scan Cnf MI , ABSVOT r$ y a.� DEL ABS c CNF rv1L SW SEARCH . p{ CLOSE tc z a s F. Searchy Chan e' Del In uira � d� uz s Inquire Reg Chg Del Create g q Clear East Add Del Chg. Census 4 3 � t 'Ready NORTH ANDOVER,Server=VRIS1_VRDB,DB=Procludion ;SEP 28,2007 `start VOTER REGISTRATIOtd 10!55 AM+ .ATTEST: A.True Copy .Town Clerk i i i r2l� /��e—L A//J�,A 'd22 2 ATT1✓ST: A True Copy Town Clerk r« 1 f O S� � y/ 60 o r stn , ., s� f�JJ - 72 /Lsr� l ATTEST: A True Copy Town Clerk i Town of North Andover—Health Department COMPLAINT FORM GEOTMS system is down for complaint entries. This is the alternative system when that is down. DATE. Tuesday, June 26, 2007 Time of Report: 11:10 a.m. Report taken b_y Pamela DelleChiaie Copy of Report: File; Michele E. Grant, Health Inspector TYPE OF COMPLAINT: Housing Issues COMPLAINTANT NAME: Patricia Warringer ADDRESS: 73-75 Davis Street(3 family per complaintant) PHONE: 978.975.7727—Home; 978.314.6364 COMPLAINT AGAINST: Christopher Jenkins ADDRESS OF COMPLAINT: See file i PHONE: See file COMPLAINT: Caller is a tenant at 75 Davis Street. Claims that the pipes from her unit for the water heater and furnace are going through to another apartment, and she is getting charged for the heat/water usage. Please investigate to document any violations. Note: See previous notes from March and May of this year in file regarding this property. ACTION: ATTEST: A True Copy Closed: �o ,�„�. Town Clerk 73 DAVIS STREET 070.0-0029 Complaint Detail Report Printed On:Mon Jul 01,2007 Complaint#: CT-2007-000017 Status: Pending GIS#: 4347 Violator: JENKINS,CHRISTOPHER R. .1 gORrh A Address: 73 DAVIS STREET Map: 070.0 Address: 126 Croton Lake Road 3r of Date Recvd.: Mar-12-2007 ITime Recvd., 01:51 PM Block: 0029 Katonah,NY 10536 s Category: Housing Lot: Type: Residential i • • * • GeoTMS Module: Board of Health District: Trade: ��'��•..• "tom Recorded By: Pamela DelleChiaie Zoning: Structure: sS�CHU Description Complaint: Michele Grant received a call from a Christopher Jenkins,126 Croton Lake Road,Katonah,NY 10536,landlord for 73-75 Davis Street. Home:914.301.5539; Wife's Cell:914.275.8649. They have a tenant,Patricia Warringer at the Davis Street property who is often late with her payments. There is no lease. She is,however,up todate for the time { being. The homeowner received an e-mail apologizing for pament being latre,but her ex-husband is out of the country,and she fell on the ice walking outside;but states that she will not sue. Mr_Jenkins will forward the e-mail to Ms.Grant for the records file. --p.d. Comments: Callers Date Time Name Phone Best Time To Reach Recorded By Response Mar-12-2007 1:51 PM Christopher Jenkins (914)301-5539 0 Pamela DelleChiaie Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL Jun-27-2007 9:06 AM Consult with Plumbing Patricia Warringer called the Building Dept. Inspector to lodge a complaint re:plumbing. Building Dept.setup an appt.to go to the property, Monday,July 2nd at 10:00 a.m.to observe any incorrectly done plumbing.-p.d. Jun-26-2007 9:04 AM Follow-Up by Health Spoke with Patricia. She claims that she is ATTEST: Inspector paying for the other tenants hot water and the A True Copy landlord confirmed that by way of e-mail. She is going to bring down the infor. Her , lease is up on the 30th of June. She also was served in May with an eviction notice. Town Clerk May-15-2007 9:02 AM Follow-Up by Health Spoke to Chris Jenkins this morning. He is Inspector serving Patricia Warringer by the end of the week via an attorney. GeoTMS®2007 Des Lauriers Municipal Solutions, Inc. Page 1 of l 7la/a NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street • North Andover, MA 01845 Tel. 978 688-9540 • Fax: 978 688-9542 email: healthdept@townofnorthandover.com Complaint Investigation/Inspection Report OWNER ADDRESS DATE �! ` C?_ �- / r ? / � J ,I z i 1 U / VAJ LQJ, a % - i i A W U, f � VV Y 111f e. t , ATTEST: y-- Town Clerk S 1DOAAMI ' Rev.6/04 INSPECTOR Ly Town of North Andover Office of the Health Department Community Development and Services Division 1600 Osgood Street North Andover,Massachusetts 01845 Michele E.Grant (978)688-9540-Phone Public Health Inspector (978)688-9542-Fax I NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code,Chapter H,Minimum Standards of Fitness for Human Habitation,105 CMR 410.000. Date: July 3,2007 To Owner of Record: Property Location: Christopher Jenkins 75 Davis Street 126 Croton Lake Road North Andover,MA. Katonah NY. 01845 10536 Dear Mr.Jenkins, i An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel on July 2, 2007. 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 4 these violations within the time allotted on the enclosed form. Failure to comply within the specified time period may result in further action by the North Andover Board of Health. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn A request for said hearing must be made in writing and received by the Health Department within five (5)days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses 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. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the 4matoe heard. ATTES'!,:A True Cope Grant Z Town.Clc r Public Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Re:Property: 75 Davis Street From:North Andover Board of Health Date:July 3,2007 ORDER LETTER An authorized inspection of_75 Davis Street,North Andover, MA.was performed by Board of Health staff on July 2,2007 at which violations of 105 CMR 410.000Chapter IT of the State Sanitary Code,Minimum Standards of Fitness for Human Habitation were found. Failure to respond within the allotted time period may result in a Board of Health finding that the dwelling is unfit for human habitation. All violations must be corrected within seven(7) days of receipt of this Order Letter or a plan for completion must be approved by this office if a professional contractor must be hired to do the work. Violation Regulatory Re-Inspection Reference HEALTH CODE: CMR: APPENDIX A VIOLATION: Observed cross connection of Hot Water Pipes from one 410.354-C 7 Days upon receipt of this apartment to the other. Order Letter The owner shall hire a Licensed Electrician and a Licensed Plumber to evaluate any and all cross connections relating to Electricity and Plumbing at the above address.The Hirees shall then report to respective department and deliver in writing their findings. "If the owner is not required to pay for the electricity or gas used in a dwelling unit, then the owner shall install and maintain wiring and piping so that any such electricity or gas used in the dwelling unit is A True CoATTEST uo: py metered through meters which P�—o L4� serve only such dwelling unit, except as allowed by" Town Clerk 105 CMR 410:254(B). Re:Property: 75 Davis Street ^ From:North Andover Board of Health Date:July 3;2007 ORDER LETTER An authorized inspection of_75 Davis Street, North Andover,MA.was performed by Board of Health staff on July 2,2007 at which violations of 105 CMR 410.000 Chapter II of the State Sanitary Code,Minimum Standards of Fitness for Human Habitation were found. Failure to respond within the allotted time.period may result in a Board of Health finding that the dwelling is unfit for human habitation. All violations must be corrected within seven(7) days of receipt of this Order Letter or a plan for completion must be approved by this office if a professional contractor must be hired to do the work. Violation Regulatory Re-Inspection Reference HEALTH COBE: CMR: APPENDIX A VIOLATION: Observed cross connection of Hot Water Pipes from one 410.354-C 7 Days upon receipt of this apartment to the other. Order Letter The owner shall hire a Licensed Electrician and a Licensed Plumber to evaluate any and all cross connections relating to Electricity and Plumbing at the above address. The Hirees shall then report to respective department and deliver in writing their findings. "If the owner is not required to pay for the electricity or gas used in a dwelling unit,then the owner shall install and maintain wiring and piping so that any such electricity or gas used in the dwelling unit is metered through meters which serve only such dwelling unit, except as allowed by" A True Cop, 105 CMR 410.254(B). 0 '�° awn �r Mr.Plumber,Inc. 9 WssbsuOon Street Pelbam,NH 03076 (603)635-3636 Mr.Plumber,Inc. .cape„P2^.n...,..:.:::i.'Y,......,.q.-..,..... ......:.....a.,::�...,,:,,,...,,...... - - } .} %`,\•',f'i ,- r w. S �f! ,,... RECEIVED July 6,2007 JUL 0 9 2007 Town Of North Andover TOWN OF NORTH ANDOVER Office Of The Health Department HEALTH DEPARTMENT Community Development and Service Division 1600 Osgood Street North Andover,Massachusetts 01845 Dear Sir or Madam: Please accept this notice that the cross connection at 73/75 Davis St has been corrected and no other exist : :'lemoval of piping and upping same,also removal of valve handle was completed by my company 2007 under plumbing permit#7430. •'`,,t':er ::. .cry...... .. es i ent Mr.Plumber Inc. ri,\ 4hv44a wl :3b�,{tl r• ,'� �"'s lr t I kt :..r,Y `�`Zfik� � a li ■�f��yy�-.y,,���w!°F�y��/�k L: 7iKr �± z4 S !}�v.•�� � F.s,�: • • • • • • • • • • • • • • • • • • • • • • • A True CODY Town Cler]•, Mr.Plumber,Inc. 9 Washington Street Pelham,NH 03076 (603)635-3636 W.Plumber,Inc. rr 7URLECEIVED July 6,2007 0 9 2007 Town of North Andover TOWN OF NORTH ANDOVER Office Of The Health Department HEALTH DEPARTMENT Community Development and Service Division 1600 Osgood Street North Andover,Massachusetts 01845 Dear Sir or Madam: Please accept this notice that the cross connection at 73/75 Davis St.has been corrected and no <:other exist. Removal of piping and capping same,also removal of valve handle was completed by my company '- onuly`b, 2007 under plumbingpermit#7430. l 1 � .Siztcerely, _ ' I ? 1 6691 Iessineo Pesuent Mr.Plumber Inc. i i • N • • • • • • • • • • • • • • • • • • • • 5 ATTEST: A True Copy Town Clerk 'ENDER: COMPLETE THIS SECTIOIV COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3.Also complete A. sig ur item 4 if Restricted Delivery is desired. r ❑Agent . Print your name and address on the reverse X Ct' Addressee w aL so that we can return the card to you. B. R�ceived by(Printed N e) C. Date of Delivery . Attach this card to the back of the mailpiece, or on the front if space permits. _ D. Is Stel ad s diffitem 1? Yes Article Addressed to: 11 �- I �' '�f itFrS,;eht@r,•. @livery ad'dfft ❑No JUL 17 2007 3 e e Typ -, �NEALTH EP.AR i PI�F_'17 ievlail ❑Express Mail r�� P Reutste`red ❑Return Receipt for Merchandise /� Gt/u' �' ❑Insured Mail ❑C.O.D. . Restricted Delivery?(Extra Fee) ❑Yes Article Number (Transfer from service label) 7004 2 510 0001 6602 2 8 7 9 S Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 .o YT CERTIFIED MAIL-. RECEIPT 1 I Coverage rt.l V� ru E3 OFFICIAL USE • , , .A `D Postage $ / � certified Fee � Postmark C3 Return Receipt Fee Here (Endorsement Required) C:3 Restricted Delivery Fee ri (Endorsement Required) �— t11 ru Total Postage&Fees O sent To E3 a �------------ -- �' ' �� -- Y D or PO Box N-- ��lJ•-4.e != _- �------- CQ' O ^s --tate- �, City,State, "PI �j ^� ArVAagV-jel Ps Form :00June rr m b "3 s' � • e ,u i Mr, Michael E.Grant 9 July 2007 Public Heath Ewpector Town of North Andover 1600 Osgood Street North Andover MA,01845 RE:75 Davis Street,North Andover MA 01845—electrical separation of services Dear Mr.Grant On the 91'bf July 2007 at the request of Mr.Chris Jenkins we inspected the property at 75 Davis Street and found that all of the electrical wiring to each of the(3)tenant spaces and house panel were separate and correctly metered. The following tests were performed. i. Power was turned off to an of the tenant spaces and each apartment unit was verified to ensure that the all electrical services were not commingled and metered correctly. 2. All appliances,outlets aad lights from the 75 Davis street electrical service are fed only by the 75 Davis street electrical meter and the electrical services;used in the dwelling unit are metered through meters which serve only the dwelling unit. 3, Power for the washcr, Dryer and exterior common area lighting were verified to mime that the wiring originated and was metered by the house panel. My Massachusetts Master Electricians License number is 938MR Please call me should you have any further questions. inccr /� jdl ark .WeiSsflo resid 55 Lake Street KW Management, Inc, Box # 4 NASHUA, NH 03066 (W)SM-01111 office (603) 598-SIN Fax ATTEST: A True Copy Town Clerk I 55 Lake 5t Nashua,NH 03D64 � � e F" I i Tot Mr.Michael E.Grant From Mark P.WeissAogg i Foe 97" R 5'y Z Pam 2 Mmm 978.688.9540 Ontee 7/10/2007 Re, 75 Davis Strom CC: ❑Urvo it ❑For Review D Ropme Con=mant 171 Please Reply 0 Please RaCYcie r e Co1n119 eats: Mr.Grant, I I have attached the electrical evaluation of the 7S Davis Street property. I will mall a hard copy to you today. i Can me if you have any questions. Thank you, ar P.Weissflog,Pre * nt KW Management,Inc. Gell#603-235-6087 oMce#803-588-0181 it I ATTESTP A True Copy Town Clerk i Town of North Andover ,,OFTH Office of the Health Department 0 b:�tiv Community Development and Services Division « . 400 Osgood Street „ North Andover,Massachusetts 01845 �"SsC U Michele E. Grant 1 E� Public Health Inspector 978.688.9540-Phone 978,688.9542-Fax E-Mail:healthdept@townofnorthandover.com. Website:h.tt://,Aww.townofnorthaTidover.com Letter Of Compliance DATE: July 13,2007 TO OWNER OF RECORD PROPERTY LOCATION Christopher Jenkins 75 Davis Street 126 Croton Lake Road. North Andover,MA. 01845 Katonah,New York,10536 A Health Department ORDER LETTER dated July 3,2007 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 by a Licensed Plumber and a Licensed Electrician has found that all violations noted on the Order Letter have been either corrected or slid not exist. The Health Department would like to thank you for your cooperation. A copy of this notice of compliance is being sent to the complainant if there are any questions over this correspondence by either party,you must contract the Health Department in writing with your concerns within seven M days of receipt of this letter. Sincerely, L. Michele E.Grant ` Public Health Inspector AT1'ES 1': A True Copy Xc: File Pt,L'2. Cc: Patricia Warringer Town Clerk i BOARD OF APPEALS 688-9541. BUILDfNG 688-9545 CONSERVAT ON 688-9530 HF-ALTI1689-9540 PLANNING 688-9535 V a July 23, 2007 Ms. Michele Grant Health Inspector rJUL 2 4 2007 North Andover Health Department 27 Charles St. TOWN OF NORTH ANDOVER North Andover, MA 01845 HEALTH DEPARTNIEN T Dear Ms. Grant: I received a copy of your"letter of Compliance" to my Landlord, in which you informed him that he has fully complied with the Order letter of July 3, 2007, although the letter provides no information about what, if any work was done, who did the work, who inspected it, licensed (?), the date it was done, and other pertinent information. You even stated that perhaps no code violations existed to begin with. No conclusive results were provided. On Friday, July 20, 2007 1 went down to the Board of Health at 1600 Osgood St. to: 1. Pick up a copy of the reports that are required by law to be documented and filed by a Licensed Plumber and Electrician, "with all of their findings"following an evaluation of 'any and all cross connections relating to Electricity and Plumbing"at 75 Davis St. The report should include all work evaluated and performed, related to cross metering and/or cross wiring, regardless of when it was done. 2. Reschedule the appointment for a full house inspection, originally set up for July 9, 2007, but which ' had to cancel due to a funeral for a death in the family. �7 I was informed that there was no written report on file, and no written report submitted by the Plumber who took out the permit, as is required by law. I was provided a copy of the Permit taken out by a licensed Plumber. There was no permit or report from any Licensed Electrician, which was also a requirement of the Order Letter. I previously expressed my concern for your refusal to document, and include in the Order letter, violation for cross wiring for the outside lighting, and any other possible cross wiring that needed to be taken care of. As you recall on Monday, July 2, 2007, the day that you accompanied the Electrical and Plumbing Inspector to the appointment that I scheduled myself, (independent of yourself and the unwarranted requests made of me), although you were instructed by the inspector that was there, to list a violation for lighting cross wiring, you refused to do so. I was told by both you and Sue Sawyer that the additional code violation would not be included because "the letter is almost finished, and it will be mailed today" (July 2"d) , which is not a valid reason. It also wasn't the truth either, since the Order Letter was actually dated and mailed the next day anyway, July 3, 2007. I am concerned that the request that I have made to the North Andover Board of Health,with genuine and valid concern, has been treated and handled with bias and outside of the legal requirements to which the Board of Health is obligated to adhere to. I was hoping to avoid the legal expense of securing an attorney to help me, but the unprofessional manner with which this is being handled, the invalid requests that you made of me, refusal to act in accordance with the legal guidelines, have forced me to seek out and hire an attorney to handle this case, which I may very well be passing the costs of, on to your depa ment. I am requesting to set up an appointment for the rest of the inspection. r�>Ikl ATTEST: Sincerely, Patricia Warringer, 75 Davis St. 978- 5-7727 A True Copy Town Clerk 1)ly 2007 Nis, Kffic;hel€: Gfavlt ,,ic,-alth Inspector North An(jover H eal'i i Depart rnent M 2 i Charles Si. A t�l S4 i,,,lorth Andover, ?%A a lly C-- l year' Miss. Grant: I received a copy Of Your "lette-f Of (--ompliance" to my Landlord, in Of, July 3. 2007, although the letter L complied with the Order lette work was dorie, who did the work, who inspected it, jjr-ei-ised t €nfomnation "(013 even stated that perhaps no code vioiatirms exis �.k.fere provided. BO,1fd of Health at: 1600 Osgood -St- to: Lric. au, jkjjy 20, 20()7 ; werildown to thf 1. Pick Lip a copy of the reports that af e required Uy jayv to oe documented and filed by a Licensed 1-11PITifffidi gs', following an -evaluation of "any and all cross Plumber and Electrician, `wiM all Of" -i - -,n connections t-olating to E!ectricity and Pitia-icing' at 75 Davis St. ,t should include all work e-Valuated arid perforrried, related to cross metering and/or The repo, � - cross wiring, regardless of when a was done- 2. Reschedt.*F, the appointment for a full house inspection, originally setup for July 9, 2007, but which ! t-,ad fF) ti,ancel due TO a funeral for a death in the family. I .,Vas informed that.there was no written report On file, and no,written report submitted by the Plumber who tOOk OLA trlC; permit, as is require by law. I was provided a ctaken out by a licensedopy of the Permit+ Plurriber. Thee!-e was no PenTii' or report from any Licensed EJer-trician, wh hicwas also a requirement of the Order Letter. t d include in the Order letter, violation for I PFeMOUSly -expressed rny concern for your(Pfusai o t, document, n a ,-ross widrig t:or the outside fighting, and any other possible cross wiring that needed to be taken care of As you recall on Monday, July 2, 24307, the day that you accompanied the Electrical and Plumbing Inspector to the appointment that I scheduled myself. (independent of yourself and the unwarranted requests made of me), although you were instructed by the inspector that was there, to list a violation for lighting cross wiring, you Fefused to do :5o 1 was told by both you and Sue Sawyer that the additional code violation would riot be included because "the Tn. It also wasn't the letter is almost finished, and. it will be mailed today{- (July 2"") , which is not a valid reaso truth either, since the Order Letter was actually dated and mailed the next day , anyway, July 3, 2007. arra concerned t'&Ia*L,the request:tf"iatihave rziadetot.-t--te. Nort h Andover Board of Health, with genuine and valid concern, has beer treated arid handled with bias and outside of the legal requirements to which the Board of I iealth is obligated to adhere to. hoping to avoid the Ie( gai expense of securing an attorney to help me, but the unprofessional rnanner with which this is being handled, the-, invalid requests that you rnade of rine, refusal to art in accordance with the i4D14W I,ave toced rvie to tseek out and hire an attorney 0.0, handle this case, which I may very well be b- S-W the e S, of, or to your depal.t.pne nt. P an-� rPqf..iestfng to set up an appointr-nent for the rest of the 5.pection. ATTEST: 15incey-ely, F"atocka.",Narringel', Ualvn.,.� A True Copy Town Clerk O ti L '['A COCwKw~ewc y7` ��SSacHus�� 4 PUBLIC HEALTH DEPARTMENT Community Development Division i I, July 24, 2007 Patricia Warringer 75 Davis Street North Andover, MA 01845 i Dear. Ms. Warringer, The Health Department received your hand delivered correspondence on Monday, July 23, 2007. In light of the circumstances that you have outlined in your letter it appears prudent for all parties concerned to have third party involvement from this point forward. To ensure that the process proceeds in an appropriate and legal manner, it is requested that y Z' please forward the contact information for your attorney and we will forward it to Carol McGravey, our representative from. Town. Counsel. At that time Your next inspection will be set as soon as possible. Thank you for your anticipated cooperation.in this important matter. Si/,anSawyer, " S REHS S Public Health Director. Cc: Curt Bellavance, Community Dev. Director �le ATTEST: A True Copy Town Clerk 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthdndover.com i July 30, 2007 Department of Public Health Community Development Division 1600 Osgood Street North Andover, MA 01845 Dear Ms. Sawyer: On Saturday, July 28, 2007, 1 received and read your July 24°i letter from the Health Dept.. Your letter was in response to my own letter to the Health Dept which I hand delivered to your office on Friday, July 20, 2007, and left with the Building Dept next door since the Health Department was apparently closed. As you requested, I am forwarding the contact information for my attorney: Attorney Gary Rothberger 439 S. Union St., Suite 201 South Lawrence, MA 01843 Tel: (978) 689-3806 Fax: (978) 688-6946 Sincerely, n I Patricia A. arringer 75 Davis St. North Andover, MA 01845 (978) 975-7727 cc: Gary Rothberger, Esq. Curt Bellavance, Director of Community Development ATTEST: A True Copy Town Clerk Jul 31 07 05: 57p WRRRINGER 978 G89 9178 p. l i i I FAX f Today's Date: 0 # pages (inclusive): Fax To Info: Person: eye Company• 4 f pah Address: 4L , 44. o ���� T Fax To #: Company Phone #: .6 ?91- Fax From Info: Person: _Trisha Warringer Company: Address: 75 Davis Street !North Andover, MA 01845 Contact Phone #: 978 975-7727 I FAX From #: rtwwrtwww,.wwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwwrtwwwwwwwxwwwwwwwwq-w,bwwww.lwwwwrtww,Fwrttrtwwwwwwarwwwwwwwwwwwwwlr.twwww+wwwrtw.twwlw Note/ Additional Info: ATTEST: A True Copy Town Clerk North Andover Health Dept, • 1600 Osgood Street North Andover,MA 01845 978 688-9540 x` ? � ?��� a •j'e �" ,r,�,� t r }' �'' '�'-`�i�, der" a a p �,,t""�"svr To: Carol McGravey Fax:617 338-0122 From: Susan Sawyer,Health Dir. Date: 8/3/2007 Re: 73 Davis Street,Ho ' e Pages: 11 m CC: ❑Urgent ®For F&Ykw ❑Please Comment ❑Please Reply 13 Please Ret yde Hellos C in regards to a rental housing complaint that we � 3tnrIle.The renter has stated in a letter to us that she is contemplating -gg5� t f � soon to your department", but she is also requesting that we go bade into ent to conduct a second inspection. Our attempts to explain our position have at with hostile and confusing conversations that have not been productive. Beca �' } threat, I want to make sure that we move forward in a protective manner. 1u lhitlally told her I would come back to conduct a second inspection, Iwould like to discuss my thoughts with you for consideration of not honoring that initial offer. f Would you please review this packet of information that is sent chronologically and then give me a call so that we may discuss the issue and how we should proceed. Thank you Susan ATTEST: A True Copy Town Clerk E1) PUG 8 2007 12:62118T. 12 :51/No. 6801714626 P 2 WESSLER AND WASSERMAN Attemeys at Law John S. 14'eusler,Esq. Gary Rothberger.Esq. Stephen.R. Wasserman,Esq. gcormsel 439 S.UNto v Sm-Fr,STu 201 Tr (978)689-3806 S L,4wpmwcc,MAsmcimsE 7S 018$3 FAX.(478)688-6946 August S, 2007 Susan Sawyer Public Health Director Public Health Department 1600 Osgood Street North Andover, MA 01845 Sent by lat Class maul and fax: 978-688-8476 RE: 75 Davis Street, North Andover, MA Dear Ms Sawyer: I am writing concerning 75 Davis Street. On or about July 34, 2007, you wrote to Patricia Warringer, who is my client, that you intended to have a third party involved in all future inspections of her home. You requested that she forward the name of her attorney to you and that an inspection would then be scheduled. Ms Warringer informs me that she provided the requested information to you but has not heard back concerning the inspection. Even assuming that Ms Warringer did not provide the information, I am unaware of any legal rule requiring that a tenant provide the name of her attorney before an inspection will be scheduled, whatever her concerns about the procedures being used by the board of health. Thus, 1 am writing to request that the inspection be scheduled immediately. I Thank you for your attention to this matter. Should you have any questions, please U do not hesitate to contact me. Sincerely, Gary Rothberger ATTEST: A True Copy Town Clerk Nm&Andovar Health Dcpt, • 1600 Osgood Sheat North Andover,MA 01845 n To: Carol McGravey Fax: 617 338-0122 From: Susan Sawyer,Heatth ' Daft: 8/8/2007 Re: 75 Davis Street P8908: 2 CC: 0 UWtt 13 For i AYMN ❑Pbase Corr nt a Pluses Re* ❑Plus Ftt:ls Ai ' and this communication Can you please call me? p r ATTEST: A True Copy O ur Town Clerk . . . . . . . . . . . . . . . . L tAORTH Q Z. too. 41 eh ��SSACNUS C3 PUBLIC HEALTH DEPARTMENT Community Development Division August 8, 2007 Gary Rothberger Faxed: 978.688.6946 439 S. Union Street &Mailed Suite 201 S. Lawrence, MA 01843 Re: Patricia Warringer, 75 Davis Street, North Andover, MA 01845 Dear Attorney Rothberger, Please find the enclosed documents that your client noted were missing from the file on Friday July 20, 2007. The request that day was to the Building Department,unfortunately,the Health Department file was not viewed. These files are available to the public during regular business hours 8:30 to 4:30;however if a citizen's request is not able to be met immediately due to staffing, or if it comes after 4:30 as the day your client hand delivered her letter, or other circumstances,they may request specific documents via a request form, and the Town offices have a maximum of ten days to respond. As to the request for the additional inspection, Town Counsel has advised the health office to go ahead and set up this appointment directly with your office. Due to staffing issues,the only available time for this week would be tomorrow, Thursday, August 9, 2007 at 1 PM. Otherwise, Monday or Tuesday mornings are open after 10 AM. Please contact Pamela,the Health Administrator as to your client's preference. Thank you for your anticipated cooperation in this important matter. Sincere - i san Sawy , REHS/RS/ Public Health Director ATTEST: Cc: Curt Bellavance, Community Dev. Director A True Copy Atch: Letter from Electrician Town Clerk Letter from Plumber Copy of Order Letter 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com NORTH ANDOVER HEALTH DEPARTMENT G 27 Charles Street • North Andover, MA 01845 Tel. 978 688-9540 . Fax: 978 688-9542 email: healthdept@townofnorthandover.wm Complaint Investigation/Inspection Report "76WNVR Cili , 9 ip% K,a., � ADDRESScr., L' DATE._ '��/0 -7 I 1 r t -771 Or cjbs I i it n-- �/'C3�t� �.aFr O s" c�a/\. GSt ��J� i"e'Oi, k`3"✓�'1i '" � ..,, ���`_G""'r. s A TI 77 True opy U,Awikme Town Clerk Rev.6/04 PECT NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street • North Andover, MA 01845 Tet. 978 688-9540 s Fax: 978 688-9542 email: healthdept@townofnorthandover.com Complaint Investigation/inspection Report ADDRESS tL{�� //G• R z 9�:111111, A) 4u " -� F1 �T I I r.4 ) Lem r.+r- 6 4• /-->, a T-)— 1-1. 1 1:1 C '>4'wl t✓ �� CL ! �z,7 ✓E?iF �l��7++ 1-4 Y,+L3 c_ 7S ez 4r J. ��- 71 i5>7 9yr,-a.5111414, Town Clerk ' Rev.6104 INSPECTOR x NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street • North Andover, MA 01845 Tel. 978 688-9540 . Fax: 978 688-9542 email: hesithdept@townofnorthandover.com Complaint investigation/inspection Report OWNS ADDRESS _� Z C.>r� c 1-r 9-e—T 1) DATE �!e `T i o 64 I EV Cry-&0.4 r r _ A True Co Town Cleric Rev.6104 INSPEC70 `Housing Code Checklist Conditions that may endanger or materially impair your health or safety: r Under the state sanitary code, the following violations are considered conditions that may "materially endanger" the health of you and your family. If you or the local board of health has notified your landlord of these violations, you may legally withhold all or a portion of your rent. C. D. E. F. A. B. Date Date I first I first Does Date Complete Description of Condition Sanitary Discovered notified Condition Fixed Code Condition Landlord Still exist? Section Sept. 14, 06 Sept. 15, 06 yes not fixed No heat: 2"d floor, Large "bedroom", is uninsulated, unfinished. 410.200 Sept. 14, 06 Sept. 15, 06 yes not fixed No electricity: 2nd floor, Large "bedroom", is uninsulated, unfinished. 410.354 3. Sept. 14, 06 Sept. 23, 06 yes not fixed o�pr inadequate electrical facilities or lighting in common areas: 410.250, 1 . In back yard, beyond fence in parking area and at garages 253A, B, 254 --2)-> 2nd floor, Large "bedroom" has no electricity July 21, 06 ---------- yes 3) Basement: previously working electric lighting at exit to yard and others have been disconnected, since July 6 or 9, 2007 Sept. 15, 06 Sept. 23, 06 yes not fixed No working toilet or sewage disposal system: 410.450, 300 -F I Toilet doesn't flush all the way when tub is all clogged up 5. Sept. 15, 06 Sept. 23, 06 yes rot fixed . No or inadequate locks for entry doors: 410.480D Door leading from my unit to common basement . Sept. 15, 06 Sept. 23, 06 yes not fixed Accumulation of garbage or filth that may provide food April 25, 07 or shelter for rodents, insects or other pests; or that may contribute to accidents or disease: 410.600, 601_ In back yard in parking area, and garages, used by garage tenants. Also Ref. email:Apr. 25, 2007 7 Sept. 17, 06 Sept. 23, 06 yes not fixed Presence of lead paint accessible to a child under age six: G.L. c.1 I I In bedroom window sills 2nd and 3rs floors. §190-199 Landlord told me he doesn't pay to have the windows cleaned for tenants. A4 � ATTEST; A True Copy Town Clerk C. D. E. F. A. B Date Date I first I first Does Date Complete Description of Condition Sanitary Discovered notified Condition Fixed Code Condition Landlord Still exist? Section Sept. 23, 06 Sept 23, 06 yes not fixed Foundation, or other structural defects that may expose occupant (Landlord pointed out to me) to fire, burns, shock, accident, or other dangers: 410.500 Large flood in basement from leaking foundation, causing up to 2 Y2 ft. " of water to fill basement. Landllord instructed me to put everything of value Z o® up high out of flood area (2 '/- 3 ft. high), because he has no plans to fix it o7 and has no insurance to cover anything I lose. I did this. (See photos of basemt). Sept. 15, 06 Sept 23, 06 yes not fixed Improperly installed or maintained electrical, plumbing, heating facilities that expose occupant to fire, burns, shock, accident, or other dangers. 410.351 .✓ 1. Exposed wires: inter.L.R. walls, D.R. walls (near plugs&speaker wires up high) / 2. Exposed wire: exterior, front door, where a front doorbell once was. 3. Floodlights at top corner of roof remain burned out, over deck (light up both sets of deck stairs & 1 side of yard). Top corner of roof is not accessible to me/ requires a 2-story ladder, and is dangerous to do. (informed landlord on/about Feb. 19, while he was here from New York) 4. Bathtub/shower: broken drain lever, severe drain problem, continuous basis. 10. Sept.17-06 Sept.23-06 yes not fixed Any ect in asbestos material that may result in the release of dust: 410.353 117,1) Daughter's bed room: large hole in ceiling, (up to 2 feet) leaving very old, dusty insulation hanging down out of ceiling Jr--2—"d flr x-large bedroom: unsure if any asbestos is in exposed insulation on 1 wall. lJ - Living room closet: large holes in walls/ceiling may expose asbestos Sept 15-06 Sepf 23-b6 yes not fixed Any other violation of the sanitary code that the inspector finds to be a danger I to health safety: floor x-large bedroom: Exposed fiberglass insulation 410.750(P) Landlord refused to do any work toward completion here. Front Steps: old and broken steps, in which several are missing the front edging. Landlord promised to fix, repair or replace, paint, as detailed in his emails to me, in Sept., Oct, Nov. 06. ATTEST: A True Copy Town Clerk f C. D. E. F. A. B. Date Date I first 1 first Does Date Complete Description of Condition Sanitary Discovered notified Condition Fixed Code Condition Landlord Still exist? Section Conditions that must be fixed within five days If any of the following violations exist in your apartment, they must be fixed within five days after the landlord is notified of them. If your landlord does not fix them, they become conditions that"materially endanger"your health and safety and you may withhold all or a portion of your rent. ()"�l Sept. 15-06 Sept. 20-06 yes not fixed Kitchen sink, oven, or stove not of sufficient size or not in good working condition: Kitchen sink: loose handle, need to use 2 hands to turn on water. 410.100 13. Sept. 15, 06 Sept. 20, 06 yes not fixed Sink or shower in the bathroom not in good working condition: 410.150 1 ipes back up signif. hair, dirt, & other gross junk into tub when water is turned on Shower/tub Drain is broken and nonfunctional. 3. Water does not drain following a shower. 4. No means of taking a bath, 14. Sept 23-06 Sept-23,06 yes not fixed No or unsafe handrails or protective railings on porches, roofs, stairways (LANDLORD POINTED OUT TO ME) or other similar places: 410.503 1. 3`d fir: Hand railing going up to 3`d floor bedroom is loose/hanging off wall. /- 2. Cellar: No railing (or lighting) leading on stone steps leading from basement, a,- 7 to outside 1 May 8, 07 May 11, 07 some May, Jne, July Any defect in electrical, plumbing or heating system that violates "generally •' accepted standards" but does not create an immediate hazard. 410.75(0)(3) Basement: Cross metering and cross wiring: 16. Sept.15, 06 Sept. 23, 06 yes not fixed Cockroach, insect, or rodent infestation: 410.550 1. Lots of spiders, some silver fish, centipedes. In light of holes (flrs, walls, ceilings), I informed L.Lord; he acknowledged that insects come thru all part of living there. in walls/ceilings, and large cracks/openings in floors. �✓ 2. Loads of spiders/spiderwebs in basement, all over ceiling and hanging down ' from pipes and electrical wiring. ATTEST: A True Copy Town Clerk C. D. E. F. A. B Date Date I first I first Does Date Complete Description of Condition Sanitary Discovered notified Condition Fixed Code Condition Landlord Still exist? Section Conditions that must be fixed within 30 days: Your landlord must repair or provide the items and services listed below within 30 days of being notified that there is a problem. If these problems are not fixed, they become conditions that"materially endanger"the health and safety of you and your family and you may withhold all or a portion of your rent. ATTEST: A True Copy Kitchen: (� `` a Town Clerk July 28, 07 am saying now yes n/a All sinks, owner-installed refrigerators and stoves, and gas-and oil-burning equipment must be kept in good working condition: 410.351 Owner-installed refrigerator stops working when weather gets too hot. It just turns off, and c— A lot of our food has been going bad. Need to get this fixed, asap, please. Bathroom: - '-,- 18. Sept.15, 06 Sept.23, 06 yes not fixed One wash�ba�lnsfra from defects, must be provided: 410.150(A)(2) /` inet tin (1 st floor Y2 bath is loose from floor and wall, so shakes/rattles.) y8'Sept 15,06 Sept 20, 06 yes not fixed One shower or bathtub, free from defects, must be provided in a room not used for living, sleeping, cooking, or eating: 410.150(A)(3) 20 Sept. 10,06 Sept.20, 06 yes not fixed Ea. room that contains a toilet, bathtub/shower must have closable door. 1 s'floor bathroom's"pocket door" is broken. Was band-aid fixed by Landlord on 9/23, but re-broke several months later. Note: This was also broken when I first went to see the unit in sept. 410.150(A)(4) 21. Sept. 15, 06, Sept. 20,06 yes not fixed Floor and walls, to the height of four feet, must be constructed of nonabsorbent, easily cleanable material. 410.504 1. Walls have deep scratches, dirty, holes in and chipped all along edges/comers; walls are noteasily cleanable;appears to be just a primer coat of paint years ago. Walls, baseboards : Landlord promised but has not painted/repaired walls/baseboards, corners, between tenants for many years Sept. 15, 0(�sept. 23, 06 yes not fixed 4. Baseboard heating unit (full bathrm) is dirty, very rusted and contains debris. Unit needs to be taken apart and cleaned out, painted and put back in place. C. D. E. F. A. B. Date Date I first I first Does Date Complete Description of Condition Sanitary Discovered notified Condition Fixed Code Condition Landlord Still exist? Section Water: Cold not 23. Wkends May_ sure Some fixed There must be enough hot water at temp. between 110 - 120 degrees, w/ 410.190 ;7 adequate pressure, for ordinary use, unless written lease requires me to provide it. �Sept.15,06 Sept.18,06 yes not fixed The toilet, wash basin, kitchen sink, shower, and/or bathtub must be properly connected to the drain line. 410.350 Bathtub/shower drain lever broken and drain non-functional. Heat: 2 �Jan.1,07 Jan.11,07 yes not fixed From 9/16-6/14, landlord must provide facilities to heat ea. room (including (see 1/11 email) bathrooms) to at least: 410.200-201 68 degrees F, between 7 a.m. & 11 p.m.: Heat reaches 65 (high) on a sunny cold day. 64 degrees Fahrenheit between 11 p.m. and 7 a.m.: Temp goes way down on cold nights, sometimes into 40's (see photos of thermostat) . Jan. ,07 1/11,07 yes not fixed Heating equipment must be provided & maintained in good working order. 410.351 . May 607 May10,07 some some fixed Landlord must provide and pay for heat unless there is a written agreement that (ongoing issue) requires tenant to pay for heat. 410.201 Electricity, Wirina, and Gas: 28. May 6,07 May10,07 yes some fixed The landlord must provide and pay for electricity and gas unless the tenant's apartment is individually metered and there is a written rental agreement requiring ATTEST: the tenant to pay. 410.354 A True Copy Discovery of cross metering and cross wiring from my furnace, hot water tank over to other p, tenant's appliances, tub/shower. Electric: lights and other. �^ Note: Following my email notification, my electric bill suddenly dropped by almost 213. Town Clerk 7,7 �- -� 7 ti C. D. E. F. A. B. Date Date 1 first I first Does Date Complete Description of Condition Sanitary Discovered notified Condition Fixed Code Condi 'on Landlord Still exist? Section . Se pt.15,07 Sept.18,07 yes not fixed For each room other than the kitchen and bathroom, either two separate electrical outlets or one electric light fixture and one wall outlet must be provided. 410.250 No electricity in extra large bedroom. 30. July 9, 07 various yes not fixed Electric light fixtures must be located so that light will be available for the safe and (see ea. below) reasonable use of: 410.253(A) 31. Sept. 15,06 Sept. 23, 06 yes not fixed ("tairway: leading to 2nd floor, light (ceiling) fixture hangs down, (see Photos) 2. Closet: no light fixtures in bedroom closets, Fam. Room closet ra large bedroom: no light fixtures, or electricity (see photos of this room) 4, ellar: Light fixtures don't work near exit way, after electrician worked on them on 7/9/07 while here with Landlord's father. 5. Exterior stairway: Deck stairs to back yard -----� Front staircase walkway (steps to sidewalk/street). 32. July 9, 07 notice now yes not fixed Sufficient lighting must be provided in all parts of the house, including: 410.254 Stairways: 1. Basement exiting outside, 2. Deck stairs to back yard 3. Back yard at parking area and garages (to be able to see if any one is there when getting out of car late at night. Safe All winter . every storm Dec. '06 , yes never fixed All exits shall be safe, operable, and kept free of ice and snow. 410.452 (see email) I provided shoveling for our entire common front porch, staircase, walkway, sidewalk, for every snow and ice storm. Neither landlord or other tenants helped out, even once. _ /4. Nov.06, Nov. 06 yes not fixed Fire extinguishers must be properly located as required by the local fire chief. (see email to LL) Located in storage area of basement. They look already used/outdated. 02 35. Sept.15,06 Sept 23,06 yes not fixed There must be locks on all operable exterior windows and entry doors. Aue �D� E a. There is no lock on interior unit door, leading to common basement. --- Locks were never changed when we moved into unit. P'y"0 14f4a"41'" Town Clerk C. D. E. F. A. B Date Date I first 1 first Does Date Complete Description of Condition Sanitary Discovered notified Condition Fixed Code Con ' ion Landlord Still exist? Section . Didn't know as of now yes not fixed Buildings over 70 feet high must have an automatic sprinkler system ------- (Building --(Building Cod G.L. c.148-§26A 37. Se t.23,06 Se t.23,06 es not fixed Landlords must maintain all pipes, oil-and gas-burning equipment, and electrical -____` P P Y p p � 9 9 equipment so it is free from leaks, obstructions, and other defects. 410.351 Leaking /broken/unused furnace in basement. Landlord told me it wasn't mine, so don't' worry about it. Structural Maintenance: Z. Septl 5,06 sept.23,06 yes not fixed The landlord must maintain the property "in good repair and in every way fit for the use intended." 410.500 Front staircase is dangerous due to old, deteriorated, broken steps. Landlord promised to repair, replace And paint, as condition of paying $1,895.00/month, but never did it. . Sept. 06 Sept23, 06 yes not fixed Foundations must be weathertight, insectproof, and rodentproof. 410.500 11� Previous tenant showed me height of huge spring flood (2 '/- 3 ft), and said LLord was going to repair. Landlord just told me to be careful and stack my things high off ground. . 'Sept.14, 06 sept. 23,06, yes, not fixed Floors must be free of holes, cracks, loose mortar, or other defects. 410.500 (LL pointed some out to me) see photos, large cracks in fam. Rm threshold, D.R. in between wood; Kitchen (at sliding door) D.R., also my bedroom (floor) , 41. Sept. 15,06 sept 23, 06 yes not fixed Interior walls must be free of holes, cracks, and loose plaster, and must be cleanable and weathertight. 410.500 All rooms, hallways, staircases: Holes, cracks, loose plaster, not easily cleanable, seems like Primer only 1 st floor: windows esp.: very significant drafts at windows ATTEST: Kitchen: signif draft due to unfinished sliding door construction (see photos) A True Copy 2nd r: Extra large Bedroom: No insulation (floors, walls, ceilings). Because it's over kitchen, the cold two air sinks down to first floor, making it average 50 degrees or lower during winter. (You can Town Clerk see your own breath). Landlord has consistently refused to finsish this room, or insulate it. : C. D. E. F. A. B. Date Date I first I first Does Date Complete Description of Condition Sanitary Discovered notified Condition Fixed Code Condi ion Landlord Still exist? Section . Sept 15, 06 Sept.23, 06, yes not fixed. Exterior walls must be free of holes, cracks, warping, loose or rotting boards, or other hazardous conditions. 410.500 Siding is moldy/mildew on deck. Landlord pointed this out himself/acknowledged it needs to be Z cleaned, and deck needs to be cleaned also. 43. Sept 15, 06, sept 23, 06 yes t fixe Celli gs must be free of holes, cracks, and loose plaster, and must be cleanable and weathertight. 410.500 Da titer's bedroom: 2 ft. + large hole with unhealthy insulation (asbestos?) hanging out of it. floor extras large bedroom: no insulation. 1 st fir F.R. closet: large holes in ceiling. 44. sept 15,06 sept.23, yes not fixed Doors and windows must be weathertight. 410.501 None are weather tight. Worst are: 1St floor F.R. windows, kitchen windows, kitchen sliding door(never finished installing) 2nd fir: extra large bedroom: . sept. 15, setp 23 yes not fixed Roof must be free from holes and cracks, and must be weathertight. 410.500 2nd floor extra large bedroom: not insulated, therefore, moisture seeps in with rain, and temps plummet in cold weather. 46. Sept. 20, 06 9/23/06 yes not fixed Staircases must be stable with a handrail or bannister if the stairs rise 30" or higher. 510.500. 503 Railing to 3`d floor: Loose and hanging down. Gener I-Maintenance: . 9/14 & beyond, 9/18/06`yes,, not fixed Apartment must be kept weathertight and in good repair. 410.500, 501 See photos and otherwise mentioned in this report. Otherwise, in repair. 48. no sign An absentee landlord must(unless a manager/agent lives in the building) keep a sign at least 20 square inches inside the building giving the name, address, and phone number of the landlord or his or her agent. 410.481 May 7, 077 some work is being done. Landlords may not turn off or interfere with a tenant's water, hot water, heat, light, power, AM'A' . — -- gas, or telephone service, except as necessary for repairs (for which landlord may A True Copy temporarily shut off utilities if you are given "reasonable notice." 410.620 9�,-o '4� Town Clerk C. D. E. F. A. B. Date Date I first 1 first Does Date Complete Description of Condition Sanitary Discovered notified Condition Fixed Code Con ition Landlord Still exist? Section /_ O_ /t/ �-r yes not fixed In buildings with three or more units, there must be one Federal Postal mailbox per apartment, C10 J-(_ and it must be kept locked and maintained in good repair. Fed. Postal Rens. A(1)a, E (1, 2. 4) 51. Sept. 23,06, 9/23/06 yes not fixed Screens are required on all doors and windows that open to the outside. 410.551 ,_:=:::�:�ssing 2"d floor laundry room window, Doors: front and mud room. 52. ea. snow/ice storm yes not fixed Exterior stairways must be kept free of snow and ice. 410.452 1 have provided shoveling through out winter, for common front entry way porch, staircase, walkway to sidewalk. Landlord has not provided, and other tenants have never done it. The following appliances must be maintained so that they are free of leaks, obstructions, and other defects: Water-heating facilities, gas pipes, gas-burning equipment, oil-burning equipment, and water pipes. 410.542 Landlord-installed dishwashers, clothes washing machines, dryers, refrigerators, and garbage grinders. 410.351 I Catch-basins, vents, and all other similar fixtures supplied by the landlord. 410.351 5 /9/14/06 9/23/06 yes not fixed. The landlord must maintain common areas in a clean and sanitary condition. 410.602(D) Front stair case: He promised to fix v7-�j, email. 4/07 yes not fix d Back yard by garages and parking area. Accumulated trash Y9/23/06 9/23/06 yes notfixed Lead Paint No lea may b inside ap rtments. 410.502 fit this ' d lead pain , not new. Make a diffien . ATTEST: �(/� �' � Fi�- � ✓ A True Copy Town Clerk Town of North Andover MORTM O� ��• 7 ` Office of the Health Department ��•`' '� Community Development and Services Division 1600 Osgood Street;Building 20;Suite 2-36 " -'••' • ,r. North Andover,Massachusetts 01845 ss�ceus Susan Sawyer (978) 688-9540-Phone Public Health Director (978)688-8476-Fax I NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code, Chapter II,Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: August 15, 2007 I To Owner of Record: Property Location: Christopher Jenkins 75 Davis Street j 126 Croton Lake Road North Andover, MA 01845 Katonah, NY 10536 An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel on Tuesday, August 14, 2007. 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 these violations within the time allotted on the enclosed form. Failure to comply within the specified time period may result in further action by the North Andover Board of Health. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven(7)days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses 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. You may be represente an attorney. You have the right to inspect and obtain copies of all relevant records conce g the matter to be h d. San Y. Sa HS/RS Public Heal Director ATTEST: A True Copy Town Clerk BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 a Re:Property: 75 Davis Street • From: North Andover Board of Health / Date: August 15,2007 b ORDER LETTER Upon written request by the tenant, a second inspection was performed at 75 Davis Street by Board of Health staff on Tuesday,August 14,2007. The tenant presented an extensive list of 55 items to the Health staff to use as guidance for possible concerns. Below are the items found by the Board of Health to be applicable as violations of 105 CMR 410.000 Chapter II of the State Sanitary Code, Minimum Standards of Fitness for Human Habitation. These items noted below require minimal work and do not need licensed personnel for correction. All items listed relating to the unfinished storage room are not violations, as this room is not considered a habitable space and therefore does not have to meet the requirements of habitable space. All violations must be corrected within Ten (10) days of receipt of this Order Letter. Any reque is for extension must be received in writing and detail the reasons for the need and the requested extension time. —17 Regulatory Reference Re- Violation Inspection Observed Doorbell wire hanging out in excess of 18 inches. 410.256.• Temporary WiringG �tf "No wiring......nor shall any extend through a doorway or other opening in a structural element." ➢ Push unused doorbell wire back into hole and cover so people cannot pull it out again Observed storm door—spring has screws missing—top only. 410.552:Screens for Doors The owner shall provide a screen door for all doorways opening directly to the outside from7 any dwelling unit or rooming unit where the screen door will be permitted to slide to the side or open in an outward direction,provided,that in an owner-occupied unit,the owner need provide screens only for those doorways used for ventilation. All new or replacement screens in screen doors shall be of not less than 16 mesh per square inch. Said scrren door.- (1) oor:(1)shall be equipped with a self-closing device except where the screen is designed to slide to the side;and(2)shall be tightfitting as to prevent the entrance of insects and rodents around the perimeter. ➢ Replace screws in storm doorspring or remove extraspring Screen doors were lacking on front storm door and mudroom 410.500:Screens for Doors 7410-7 ➢ Show tenant location of front door screen and Install screen door in mudroom Living Room—observed 2"hole from old radiator on floor under front 410.500: Owner's Responsibility 4window. to Maintain Structural Elements "Every owner shall maintain the foundation,floors,walls,doors,windows,ceilings,roof, AT riclH staircases,porches,chimneys,and other structural elements of his dwelling so that the A Trie Copy dwelling excludes wind,rain and snow,and is rodent proof,watertight and free from chronic dampness,weathertight,in good repair and in every way fit for the use intended. Further,he shall maintain every structural element free from holes,cracks,loose plaster,or other defect where such holes,cracks,loose plaster or defect renders the area difficult to keep clean or Town Clerk constitutes an accident hazard or an insect or rodent harborage." Fill Hole Living Room front door—observed gap of wooden floor piece missing 410.500: Owner Responsibility along threshold to Maintain Structural Elements ➢ Repair missing piece of wood Living Room —left observed d outlet covered by tape—tape 410.500: Owner Responsibility of leremoved; Pmetch ripped open. l 7 to Maintain Structural Elements ➢ Patch outlet opening with permanent wall covering material Dining Room—observed 8"x'/2" piece of wood missing by built in 410.500: Owner Responsibility 1'q� cabinet along the wall to Maintain Structural Elements ➢ Replace missing piece of wood Bathroom—1st Floor—Pocket door off track 410.150(A) (4): Washbasins, "Each room which contains a toilet,bathtub or shower shall be fitted with a door which is Toilets, Tubs and Showers • Re:Property: 75 Davis Street * From: North Andover Board of Health Date:August 15,2007 capable of being closed." / ➢ Place door back on door track or fix as needed It'll,7 Bathroom—1St Floor—vanity top loose 410.150(D): Washbasins, / The fixtures as required in 105 CMR 410.150(A)and 410.150(B)shall have smooth and Toilets, Tubs and Showers '7,1 impervious surfaces and be free from defects which make them difficult to keep clean,or create an accident hazard. ➢ Secure vanity top to the unit Kitchen—Trim for slider missing 410.500: Owner's Responsibility ➢ Finish trimming slider to Maintain Structural Elements Kitchen—sink faucet in disrepair/loose 410.100(B):Kitchen Facilities ���/C'7 The facilities required in 105 CMR 410.100(A)shall have smooth and impervious surfaces and be free from defects that make them difficult to clean or creates an accident hazard. r ➢ Repair faucet Second Floor—observed gaps at threshold corners floor by bathroom 410.500: Owner's Responsibility `% C of ➢ Repair gap in threshold on floor to Maintain Structural Elements Second Floor Bathroom—tub not draining; broken lever;caulking 410.150(D): Washbasins, ��., deteriorating Toilets, Tubs and Showers h C ➢ Repair drain problem and re-do caulking Second Floor Hallway—light fixture hanging/dislodged from ceiling 410.351: Owner's Installation g/ The owner shall install or cause to be installed,in accordance with accepted plumbing, and Maintenance gasfttting and electrical wiring standards,and shall maintain free from leaks,obstructions or Responsibilities other defects ➢ Reconnect Light Fixture to ceiling Third Floor—right room closet—observed 18"x 18"approx.hole size 410.500: Owner's Responsibility C6 /�7 in ceiling to Maintain Structural Elements ➢ Repair Hole Third Floor—handrail—top fastener loose 410.500: Owner's Responsibility 9 /6/c,7 ➢ Repair Handrail to Maintain Structural Elements Sign Posting—no landlord or manager posting 410.481:Posting of Name of q An owner of a dwelling which is rented for residential use,who does not reside therein and Owner / bl 0 7 who does not employ a manager or agent for such dwelling who resides therein,shall post and maintain or cause to be posted and maintained on such dwelling adjacent to the mailboxes for such dwelling or elsewhere in the interior of such dwelling in a location visible to the residents a notice constructed of durable material,not less than 20 square inches in size, bearing his name,address,and telephone number. tf the owner is a realty trust or partnership,the name,address and telephone number of the managing trustee or partner shall be posted. If the owner is a corporation,the name,address and telephone number of the president of the corporation shall be posted. Where the owner employs a manger or agent who does not reside in such dwelling,such manager or agent's name,address and telephone number shall also be included in the notice(See M.G.L.c. 143,3S). Post Sign Basement—Three lights in rear not operational 410.253 (A):Light Fixtures ➢ First check breaker box since there are 3 out.If not a breaker, Other than in Habitable Rooms repair as needed or Kitchens Cc: Attorney Gary Rothberger,representing Tenant—Patricia Warringer ATTEST: A True Copy Town Clerk I Grant, Michele From: Sawyer, Susan Sent: Thursday,August 16, 2007 2:20 PM To: Grant, Michele Subject: FW: 75 davis st tub --Original Message From: Chris.Jenkins@ch2m.com [mailto:Chris.Jenkins@ch2m.com] Sent: Wednesday, August 15, 2007 3:58 PM To: Sawyer, Susan Cc: dudley@goar-law.com;jenkinst@optonline.net Subject: 75 davis st tub Susan and dudley: For what it is worth regarding the tub, my plumber called Trish first thing this morning to arrange for the plugged tub to be fixed. Trish just returned the call and had no sence of urgency at all about it. This Friday is ok by her and.if there is a problem with that she told the plumber they could come Mon, Tues or Wed of next week. Does this make sence to any of you? It sure does not make sence.to me. I thought this was a big deal to her. Regards t g o all, Chris ATTEST: A True Copy Town Clerk 8/16/2007 rage i or i Sawyer, Susan From: Chds.Jenldns@ch2m.com Sent: Thursday,August 16,2007 8:14 AM To: Sawyer, Susan Subject: [BULK]house code issues Importance: Low Susan: Good morning. I have sent an email to Trish Warringer this morning requesting to take care of the maintenance issues she has. I intend to go there Saturday morning if she will allow me to corm in. On another note,I have decided that Trish will eventually go away and that lots of good will come from this unpleasant experience we are in the middle of. I will have a better knowledge of the fineties of being a good landlord,which has always been a goal of ours. We have a lot of pride in our home and really enjoy providing a nice place to live to those in need of renting a home. To date the only reason people have left our home has been to get married or buy there own home, We look forward to continuing that trend once this storm passes. I am excited to get into the house to take care of some of these minor nagging issues. The way I see it, I am able now to prep for the next family that moves in. So this is a good thing. Had Trish not turned out the way she has, I can assure you that anything and more would have been addressed by now. I would have loved to have made this place completly perfect for her to stay. House maintenance has always been a strong suit of ours. If it were not,we would have had no business buying it in the first place. Early in our ownership,the internal family joke was about the movie with Tom Hanks called the"Money Pit". You just could never believe how trashed this house was when we bought it. Regardless,we got through the rebuild process and look forward to getting through this issue regarding Trish Warringer. Can you steer me to a source so I can read up on these codes that Trish keeps referencing,and or any other sources for being a responsible landlord? Best Regards and Thanks for your support, Chris i ATTEST: A True Copy 8/16/2007 Town Clerk Page 1 of2 Grant, Michele Q v From: Sawyer, Susan Sent: Monday,August 20, 2007 1:46 PM To: Grant, Michele Subject: FW: house maintenance fyi -----Original Message----- From: Chris.)enkins@ch2m.com [mailto:Chris.Jenkins@ch2m.com] Sent: Monday, August 20, 2007 11:31 AM To: Sawyer, Susan Subject: FW: house maintenance From: Jenkins, Chris/NYC Sent: Monday, August 20, 2007 11:30 AM To: 'trisha warringer' Cc: 'Dudley C. Goar,Attorney at Law'; 'Jenkins Family Subject: RE: house maintenance Trish: The time will be in the morning sometime, but is function of the maintenance mans schedule, I will advise if the time is other than the morning. They will coordinate with you as to how long it will take to perform the maintenance. The company is the Levis maintenance company. There will be two people. The list of repairs will be as provided to me from the BOH. Chris From: trisha warringer[mailto:paws2smile@hotmail.com] Sent: Monday,August 20, 2007 11:18 AM To: Jenkins, Chris/NYC Subject: RE: house maintenance Chris: Yes,I'll arrange to be here tomorrow(Tues)during the time that the repair company will be here. As before,rm requesting that we establish ahead of time: 1. a specific time that they will come and approximate time they will leave by 2. the name of the company,and how many people are coming ATTEST: 3. a specific list of repairs that he/they will be doing. A True Copy O ,. Thank you, Town Clerk Trisha I 8/20/2007 Page2 oft i, From: <QSrislenkins@ch2m.rnm> To: <paws2sm1le@hotma11 com> CC: <dud/ey@goar-/aw.com>,<jenkinst@opton/ine.net> Subject: house maintenance Date: Mon,20 Aug 2007 07.•49.•28-0600 4 Trish: } qI have arranged for a local maintenance company to come to the house instead of me, to attend to the maintenance list. I would like for them to come tomorrow if possible. Please advise chris k e A new home for Mom, no cleanup requirO. All starts here. ATTEST: A True Copy Town Clerk 8/20/2007 Page 1 of 2 j 41 Sawyer, Susan From: trisha warringer[paws2smile@hotmail.com] Sent: Friday,August 31,200711:03 AM To: Sawyer, Susan Cc: Grant,Michele; Bellavance,Curt Subject: [BULK]"Omer Letter" Importance: Low i August 21, 2007 Susan Sawyer Department of Public Health 1600 Osgood Street North Andover, MA 01845 Dear Ms. Sawyer. This communication is in response to your hand delivered, inappropriate and unwarranted "Order Letter" to my home last week, filled with contrived information and blatant lies. Let this letter serve as my request to a Hearing before the Board of Health, Community Development and also the Board of Selectmen, at which time 1 will present all information to prove how you have blatantly lied, manipulated and otherwise fabricated information to intentionally cast an unwarranted, negative reflection on me. Since my first communications with both you and Michele Grant two months ago, you have displayed an intolerable lack of professionalism, ethical behavior, honesty, neutrality and integrity for the important job positions within the North Andover Dept of Health, that the residents of the Town of North Andover have entrusted you with. This recent"Order Letter" is a perfect example of just how much time and effort, on the clock (using taxpayers money) that you have dedicated to putting together a fraudulent and slanderous letter, comprised of lies, contrived stories, manipulation of the facts, and asserting outrageous hearsay as truth in your report. This would include your own personal scientific analysis of the history of holes in the floor, exposed wiring in the walls, along with your accusatory and slanderous comments that you slipped in with out my notice, since you omitted those comments as you read to me, and then instructed me to sign. At the same time, you have worked hard to ignore and avoid many other code violations in the list that was provided to you, straight from the State Sanitary Code Checklist, even insisting that my paying for outside lighting and common area lighting in the basement is not a code violation for this landlord, despite what is stated in the State Sanitory Code. The collusion, biased actions and false reporting coming out of your office has been clear from day one, when you and Michele Grant refused my several requests for an Inspection at these premises. ' ATTEST: A True Copy 9/21/2007 o Town Clerk Page 2 of 2 You repeatedly, firmly denied my request for an inspection until I hand carried down and delivered up to you, every written communication between the landlord and I from the day that I moved in, and every legal document for your department to review in detail, and also insisted that 1 have my attorney contact you, to discuss the matter. You insisted that after all that, you would analyze all information and decide whether or not you felt there was enough information to "build a Case", and you would inform me if you decided to grant my request for an Inspection or not for cross wiring, cross metering and other code violations of these premises, that 1 continued to pay for in my unit, not that Landlord. I believe it is against the law for any person who is employed by the Town of North Andover (and paid with taxpayers money), to falsify the professional responsibility of your position and claim entitlement to obtain any person's private and confidential information for your own gain, or that of your friend, my Landlord. It is clearly outside of the realm of your position, but you displayed a firm aggressiveness, with out reservation, in doing this, as if this is the every day norm for this office. I believe that it is time for this to stop. Your collusion with my Landlord is clear, in your actions, letters, omissions, and fraudulent claims of responsibility, that you have been working behind the scenes to obtain information, to stall for time, to intimidate the victim, and to so openly play games as if your position is self- appointed and entitlement to behave outside of the law is just one of the many positions of authority you hold in the Health Department. Perhaps your position there is that safe that you can behave like a child playing house, but 1 believe the people of this town would be outraged by the ongoing unprofessional conduct of your Department, that their money is paying for, and they deserve to know about it. Any company whose employees behaved as you have in your positions of Director, and Inspector of the Board of Health, would be terminated for your actions. I'm unfamiliar with I look forward to my hearing, during which I will challenge your"Order Letter" to me, and every action that has taken place, and every communication to me from your office. I will provide all the facts, detailed communications and information of this "case". I will also provide copies of everything to all the people who I will ask to be there, but may not be in attendance, from the Director of Community Development, to the full Board of Selectmen, and more. Thank you, Patricia Warringer 75 Davis St. CC: Director of Community Development More photos, more messages more store—get 2GB with Windows Live Hotmail ATTEST: A True Copy ,0.1._Q 5� 9/21/2007 Town Clerk Page 1 of 2 , i DelleChiaie, Pamela From: Sawyer, Susan Sent: Friday, September 21, 2007 3:23 PM To: DelleChiaie, Pamela Subject: FW: [BULK] "Order Letter" Importance: Low From: trisha warringer [mailto:paws2smile@hotmail.com] Sent: Friday, August 31, 2007 11:03 AM To: Sawyer, Susan Cc: Grant, Michele; Bellavance, Curt Subject: [BULK] "Order Letter" Importance: Low August 21, 2007 Susan Sawyer Department of Public Health 1600 Osgood Street North Andover, MA 01845 Dear Ms. Sawyer: This communication is in response to your hand delivered, inappropriate and unwarranted "Order Letter" to my home last week, filled with contrived information and blatant lies. Let this letter serve as my request to a Hearing before the Board of Health, Community Development and also the Board of Selectmen, at which time I will present all information to prove how you have blatantly lied, manipulated and otherwise fabricated information to intentionally cast an unwarranted, negative reflection on me. Since my first communications with both you and Michele Grant two months ago, you have displayed an intolerable lack of professionalism, ethical behavior, honesty, neutrality and integrity for the important job positions within the North Andover Dept of Health, that the residents of the Town of North Andover have entrusted you with. This recent "Order Letter" is a perfect example of just how much time and effort, on the clock (using taxpayers money) that you have dedicated to putting together a fraudulent and slanderous letter, comprised of lies, contrived stories, manipulation of the facts, and asserting outrageous hearsay as truth in your report. This would include your own personal scientific analysis of the history of holes in the floor, exposed wiring in the walls, along with your accusatory and slanderous comments that you slipped in with out my notice, since you omitted those comments as you read to me, and then instructed me to sign. At the same time, you have worked hard to ignore and avoid many other code violations in the list that was provided to you, straight from the State Sanitary Code Checklist, even insisting 9/21/2007 Page 2 of 2 i.. that my paying for outside lighting and common area lighting in the basement is not a code violation for this landlord, despite what is stated in the State Sanitory Code. The collusion, biased actions and false reporting coming out of your office has been clear from day one, when you and Michele Grant refused my several requests for an Inspection at these premises. You repeatedly, firmly denied my request for an inspection until I hand carried down and delivered up to you, every written communication between the landlord and I from the day that I moved in, and every legal document for your department to review in detail, and also insisted that I have my attorney contact you, to discuss the matter. You insisted that after all that, you would analyze all information and decide whether or not you felt there was enough information to "build a Case", and you would inform me if you decided to grant my request for an Inspection or not for cross wiring, cross metering and other code violations of these premises, that I continued to pay for in my unit, not that Landlord. I believe it is against the law for any person who is employed by the Town of North Andover (and paid with taxpayers money), to falsify the professional responsibility of your position and claim entitlement to obtain any person's private and confidential information for your own gain, or that of your friend, my Landlord. It is clearly outside of the realm of your position, but you displayed a firm aggressiveness, with out reservation, in doing this, as if this is the every day norm for this office. I believe that it is time for this to stop. Your collusion with my Landlord is clear, in your actions, letters, omissions, and fraudulent claims of responsibility, that you have been working behind the scenes to obtain information, to stall for time, to intimidate the victim, and to so openly play games as if your position is self- appointed and entitlement to behave outside of the law is just one of the many positions of authority you hold in the Health Department. Perhaps your position there is that safe that you can behave like a child playing house, but I believe the people of this town would be outraged by the ongoing unprofessional conduct of your Department, that their money is paying for, and they deserve to know about it. Any company whose employees behaved as you have in your positions of Director, and Inspector of the Board of Health, would be terminated for your actions. I'm unfamiliar with I look forward to my hearing, during which I will challenge your "Order Letter" to me, and every action that has taken place, and every communication to me from your office. I will provide all the facts, detailed communications and information of this "case". I will also provide copies of everything to all the people who I will ask to be there, but may not be in attendance, from the Director of Community Development, to the full Board of Selectmen, and more. Thank you, Patricia Warringer 75 Davis St. CC: Director of Community Development More photos, more messages, more storage—get 2GB with Windows Live Hotmail. 9/21/2007 � Nosh 16 0 \ O ti to n JF SpA cxwc wc.c` I OR'�YQO FPp' �sSac"us��� C:: Z 7 PUBLIC HEALTH DEPARTMENT Community Development Division 'n ( i � 21- August 21,2007 Patricia Warringer 73 Davis Street North Andover,MA 01845 Order Letter Dear Ms. Warringer, i This communication is in regards to your rental unit at 73 Davis Street,North Andover, MA. On August 15, 2007 an Order Letter was sent to the owner of the property, Christopher Jenkins, regarding violations to the Housing Code. This letter set deadline dates for completion of the corrections as detailed. I personally also made a verbal request on Tuesday August 14, 2007 that the issue of the tub drain be a'priority as you claimed to be baling out the water each time your family took a shower. Mr. Jenkins addressed my concern immediately and contacted a plumber who then contacted you. I have since been informed that you told the plumber that it was not an immediate concern and could wait until Friday or the next week if necessary. Secondly,Mr. Jenkins has hired a contractor to effect repairs. An appointment was made for today, Tuesday August 21,2007. Mr. Jenkins has informed me that late Monday afternoon you notified him via email that you had a conflict and would have to reschedule. i The Health Department advised you at the close of the inspection on August 10 of the requirement of a renter to allow access for repairs. 105 CMR 410.810, "Every occupant of a dwelling, dwelling unit, or rooming unit shall give the owner thereof or his agent or employees, upon reasonable notice, reasonable access,if possible by appointment, to the dwelling, dwelling unit, or rooming unit for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of 105 CMR 410.000". Your failure to provide access to effect repairs is a violation of the State Sanitary Code. There have been at least 2 instances that you have interfered in the Health Department's efforts to address items in need of repair. This is an official Order Letter. You are hereby ordered to comply with the State Code regarding providing access to the owner by August 24, 2007. Failure to do so will result in a complaint filed against you in the Housing Court. 1600 Osgood Street, North Andover,Massachusetts 01845 Cop� Phone 978.688.8540 Fax 978.688.8476 Web www.bwnofiorthandove�`co�Q Q �'owrz Clark J You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn A request for said hearing must be made in writing and received by the Health Department within seven(7)days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses 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. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard Thank y Sawyer,REHS/RS Public Health Director Cc: Gary Rothberger, Esq, Wessler and Wasserman, Attorneys at Law Christopher Jenkins,Property Owner ATTEST; A True Copy Town Clerk 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com ragezof L I Hi Patricia, Sony we missed your message, as our offices close at 4:30pm, and your message was retrieved the following morning, August 30th, 2007. We would like to perform the final inspection morning. Please contact our office at 978-688-9540. r Thank you Michele E Grant North Andover Health Department i 978-688-9540 I n. ? �..._ r CPT®'Code 90734 IMenactra- j 'CPT is a registered trademark Meningococcal of the American Medical Association. (Groups A,C,Yand W-135) Polysaccharide Diphtheria MKT9872-1 Toxoid Conjugate Vaccine ATTEST: A True Copy � -0 k4 , Town Clerk 9/4/2007 I pORTH OF�t�eo 6gh0 O * I ��SSACHUS PUBLIC HEALTH DEPARTMENT Community Deveiopment Division i Letter of Compliance DATE: August 31, 2007 PROPERTY LOCATION Patricia Warringer 73 Davis Street North Andover, MA 01845 A Health Department ORDER LETTER dated August 21, 2007 was issued to you, as a renter of the property listed above, citing violation of the State Sanitary Code, 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation, solely in regards to providing access to the owner to effect repairs as needed. Access was given prior to the deadline of August 25th; ep 81 therefore this order has been complied with. Thank you for your cooperation in this matter. Sin , usan Y. S er,REHW Public Health Director . Xc: File ATTEST: A True Copy Town Clerk 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com Grant, Michele From: Grant, Michele Sent: Tuesday, September 04, 2007 10:33 AM To: 'trisha warringer Cc: Sawyer, Susan; Bellavance, Curt Subject: RE: Inspection Good Morning Patricia, We would like to schedule a Final Inspection for Tomorrow morning September 8th, 2007, after 10:30am. please let us ' know what time would be good for you. Thank you, Michele E. Grant Health Inspector Town of North Andover 978-688-9540 -----Original Message----- From: trisha warringer [mailto:paws2smile@hotmail.com] Sent: Friday, August 31, 2007 10:25 AM To: Grant, Michele Cc: mleiva@conversent.net Subject: RE: Inspection Dear Michele: I'm not sure what you meant to say in your message, but the repairs are not complete. I am more than happy to schedule an inspection after they are complete. I am taking my son back to college today, as has been scheduled for more than a month in advance,and am therefore unavailable today. I will be available tomorrow, Saturday, and any other day this weekend, as well as Monday, Tuesday, and Wednesday of next week. I was on my way down to your office with a letter, but had to stop back home for a minute and checked my email. Since I have yours and Susan's email address, I will email my letter to you instead and save the trip. Please let me know when you would like to schedule an Inspection and I will be more than happy to accommodate your request, as I always have. Thank you, Trisha Warringer __. nM_... .,.. ....__..,._ __.,......_._ From: 'Grant, Michele"<mgrant@atownofnodhandovercom> To: <paws2smi e hotma#..com> Subject: Inspection ATTEST: Date: fn,31 Aug 2007 08.•38.•56-0400 A True Copy )/4/2007 Town Clerk N.Andover Health Dept. 1600 Osgood Street Bldg 20,unit 2-36 • Nath Andover,MA 01845 978 688-9540 To: Paul Hatfman,Comm. San.Dir. Fax: 508 792-7706 From: Susan Sawyer,Health Dir. Date: 9/4/2007 r Re: 73 Davis Street,N.Andover Pages: 23 CC: 0 Urgent 0 For ReWsw 0 Please Comment 0 Please Reply 0 Please Rade I is of the per4nent bdbrma*m.k looks like 9,00 AM is good for everyone.I would like to fi ler RWr3tt the atlonvey,so N you Could lit rm know that would be great I, ATTEST: A True Copy Town Clerk . . . . . . . . . . . . i September 6, 2007 Ms. Susan Sawyer Department of Public Health Inspector 1600 Osgood Street North Andover, MA 01845 Dear Ms. Sawyer: Following your visit today from the Board of Health at my residence of 75 Davis Street, I hereby withdraw my request for a hearing before the Board of Health, put forth in my letter dated August 21, 2007. I also hereby ask that my letter in which this request was made, be expunged from the file. Thank you for taking time out of your busy schedule to come out to my apartment this morning and complete the house inspection. Sincerely, Patricia Wadi ger cc: Michele Grant Larry Fixler Attorney John Wessler ATTEST: A True Copy Town Clerk NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street . North Andover, MA 01845 Tel. 978 688-9540 o Fax: 978 688-9542 email: heaEthdept@townofnorthandover.com Complaint Investigation/Inspection Report OWNER S kf t,_._ K;c.,_. ! 5 ADDRESS DATE n ; — 4r.: L' S{ r & 7/L CJ�r=^ �c-� t!G✓ f' ). Dean- OF /` ZI "7v Ems, a A 17 EST: Tvuo-COPY Af It Rev.6104 fN CTOA TRANSMISSION VERIFICATION REPORT TIME 09/10/'2007 14:46 NAME HEALTH FAX 9786995476 TEL 9786888476 SER.# : 000S4J120960 DATE,TIME 09/10 14:44 FAX NU.."NAME 816034729718 DURATION 00:01:49 PAGE(S} 05 RESULT OK MODE STANDARD ECM ` Nadh Aa�Health D%A w 160 O%oas Sfttd Nm�t,l�trtdov�ur,MA 018gS M 978 689-9540 R.3cbmd Jenkins For. 603 472-9719 Fmm: Suggett Sawy*r,11Wth bir, DONL 9130!2007 ft' Dsmis St, Ptt 5 CG: E3 HW* 33 Furl 0 Pbam 0mmfW4 P*a m RWy to Phme RegAo ai•`4 " t� x�,, I,'�'� a * M s a • s u youhammWquacoam �_•." "�. ,; ATTEST: ,I ra A True COPY Town Clerk TRANSMISSION 'ElERIFIC'ATION REPORT TIME 09/10'2007 14:48 NAME HEALTH FAX 9786888476 TEL : 9786888476 SER.# 000B4J120960 DATE,T IME 09;`10 14: 47 FAX NO./NAME 819786886946 DURATION 00:00: 51 PAGE('�) 05 RESULT OK MODE STANDARD ECM • North AsldOM HMA Dept x600 psgrad 9eneat * North Andover.MA 01845 Tn 688-9540 Irm WO-Rler and Wassemtan Fax: 978 6SM946 From: Susan Sawyer,HcWth D' Doft 9/10/2007 Re: 45 Davis St. E'apas: 5 Gam: Q UW* Q For Rmie w 0 Pin"Omamir>nax t 0 Pm=*R" Q Pim RnW* ,4 a ym have mW queaftrm ATTEST: A True Copy Town Clerk The Commonwealth ®f Massachusetts -td Executive Office of Health ai Human Services Department of Public Health Bureau of Environmental Health Community Sanitation Program 180 Beaman Street DEVAL L.PATMCX GOVFJMC)R West Boylston, MA 01583 TWOTRY R MUILRAY Telephone: 508-792*-7880 LIEMNPXr GOVERNOR Facsimile: 508-792-7706 JUDYANN BIGBY,MD SECRETARY TTY: 508-835-9796 JOHN AUMACH COMMISSION M- September 10, 2007 Susan Sawyer,Director N.Andover Health Department 1600 Osgood St.,Building 20, Suite 2-36 -ME :�?Zw'JVED N.Andover, MAO 1845 "'V E RE: 75 Davis St. Inspection SSE P 19 2007 2 Deax Ms. Sawyer: Tow; AP:I-,'DOVER LHE:�. After review of your order dated September 10, 2007, issued to Christopher Jenkins, all violations witnessed during our joint inspection of 75 Davis St. on September 6, 2007 have be lis d in the order. n Ass alfra ector Ra.W al ann st te.ma.us www.mass.9_0_VJ_dph/dcs cc: Steve Hughes, Director, CSP A True Copy Town Clerk 410-N.Andover-Davis St.-Verification 9-10-07 r Town of North Andover �oRTM f Office of the Health Department F cftt..° r•��°p r°�. ••..fie , Community Development and Services Division 1600 Osgood Street; Building 20;Suite 2-36 North Andover, Massachusetts 01845 �'Ss . � ACMUS Susan Sawyer (978)688-9540-Phone Public Health Director (978)688-9542-Fax NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code,Chapter 11,Minimum Standards of Fitness for Human Habitation, 105 CMR 410.400, Date: September 10, 2007 To Owner of Record: Property Location: Christopher.Jenkins 75 Davis Street 126 Croton Lake Road North Andover,MA 01845 Katonah, NY 10536 An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel and the Department of Public Health on September 6, 2007. This inspection revealed violations of certain regulations of the State Sanitary Code, Chapter U, as listed on the attached Violation Form. You are hereby ORDERED to correct these violations within the time allotted on the enclosed form. Failure to comply within the specified time period may result in further action by the North Andover Board of Health. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven(7)days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses 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. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records co '7g the matter be heard. n Susan Y. Sawyer,REHS/RS ATTEST: Public Health Director A True Copy P7_o Lc Town Clerk BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Re:Property: 75 Davis Street From:North Andover Board of Health Date: September 10 2007 The futures as required in 105 CAV?410.150(A)and 410.150(B)shall have smooth and Toilets,.Tubs and Showers 9/6/07 impervious surfaces and be free from defects which make them difficult to keep clean,or create an accident hazard. A Secure vanity top to the unit Kitchen—Trim for slider missing 410.500: Owner's Responsibility Incomplete ➢ Finish trimming slider to Maintain Structural Elements 9/6/07 Fill holes and Pam Kitchen—sink faucet in disrepair/loose 410.100(B):Kitchen Facilities Complete The facilities required in 105 CMR 410.100(A)shall have smooth and impervious surfaces and 9/6/07 be free from defects that make them difficult to clean or creates an accident hazard Re air faucet Second Floor—observed gaps at threshold corners floor by bathroom 410.500: Owner's Responsibility Complete ➢ Repair gap in threshold on floor to Maintain Structural Elements 9/6/07 Second Floor Bathroom-tub not draining,broken lever;caulking 410.150(D): Washbasins, Incomplete deteriorating Toilets, Tubs and Showers 9/6/07 lever ➢ Repair drain problem and redo caulking must work Second Floor Hallway—light fixture hanging/dislodged from ceiling 410.351: Owner's Installation Complete The owner shall install or cause to be installed,in accordance with accepted plumbing, . and Maintenance 9/6/07 u thngeand electrical wiring standards,and shall maintain free from leaks,obstructions or other Responsibilities ➢ Reconnect Light Fixture to ceiling Third Floor—right room closet—observed 18"x 18"approx.hole size 410.500. Owner's Responsibility Complete in ceiling to Maintain Structural Elements 9/6/07 ➢ Repair Hole Third Floor—handrail—top fastener loose 410.500: Owner's Responsibility Complete ➢ Repair Handrail to Maintain Structural Elements 9/6/07 Sign Posting—no landlord or manager posting 410.481:Posting of Name of Complete An owner of a dwelling which is rented for residential use,who does not reside therein and Owner 9/6/07 who does not employ a manager or agent for such dwelling who resides therein,shall post and maintain or cause to be posted and maintained on such dwelling adjacent to the mailboxes for such dwelling or elsewhere in the interior of such dwelling in a location visible to the residents a notice constructed of durable material not less than 20 square inches in size,bearing his name,address,and telephone number. If the owner is a realty trust or partnership,the name, address and telephone number of the managing trustee or partner shall be posted If the owner is a corporation,the name,address and telephone number of the president of the corporation shall be posted Where the owner employs a manger or agent who does not reside in such dwelling,such manager or agent's name,address and telephone number shall also be included in the notice(See M.G.L.c.143,3S). A Post Sign Basement—Three lights in rear not operational 410.253(A):Light Fixtures Delete/no First check breaker box since there are 3 out. H not a Other than in Habitable Rooms violation breaker repair as needed or Kitchens Additional items identified on 9/6/07 Health Dept. accompanied by DPH—Community Sanitation personnel Kitchen walls—holes from old fixtures 410.500 "Every owner shall maintain the foundation,floors,walls,doors,windows,ceilings,roof, staircases,porches,chimneys,and other structural elements of his dwelling so that the dwelling excludes wind,rain and snow,and is rodent proof,watertight and free from chronic dampness,weathertight,in good repair and in every wary fit for the use intended Further,he shall maintain every structural element free from holes,cracks,loose plaster,or other defect where such holes,cracks,loose plaster or defect renders the area difficult to keep clean or ATTEST: A rue Copy Town Clerk Re:Property: 75 Davis Street From:North Andover Board of Health constitutes an accident hazard or an insect or rodent harborage." Date:September 10 2007 ➢ Fill holes in walls Basement common lights on tenant electrical 410.254 All common area lighting shall be provided by the landlord or A letting agreement shall state that the occupant is responsible for paying for light in the common area ➢ Have electrician move lights onto the landlord electrical box Living room closet—hole in ceiling,wall,electrical outlet,peeling 410.500 paint etc. "Every owner shall maintain the foundation,floors,walls,doors,windaws,ceilings,roof, staircases,porches,chimneys,and other structural elements of his dwelling so that the dwelling excludes wind,rain and snow,and is rodent proof,watertight and free from chronic dampness,weathertight,in good repair and in every way fit for the use intended Further,he shall maintain every structural element free from holes,cracks,loose plaster,or other defect where such holes,cracks,loose plaster or defect renders the area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage." ➢ Repair wallceiling etc.inside closet Second Floor storage room has no light 410.253(A) The,owner shall provide and so locate electric light switches and fixtures in good working order so that illumination may be provided for the safe and reasonable use of every laundry,pantry,foyer,hallway... storage place.. ➢ Install proper electrical fighting in storane area Second Floor utility room with temporary screen 410.551 The owner shall provide screens for all windows designed to be opened. (])shall cover that part of the window that is designed to be opened.. (2)shall be tight fitting as to prevent the entrance of insects and rodents (3)expandable screen temporary screens shall not be deemed to satisfy the requirements Install proper screen Exterior light bulbs—may be burnt out 410.253 ➢ Lights above deck for the illumination of the porch Check bulb status and replace or fu if out All violations must be corrected within Ten (I0)days of receipt of this Order Letter.Any requests for extension must be received in writing and detail the reasons for the need and the requested extension time. Cc: Attorney Gary Rothberger,representing Tenant—Patricia Waninger ATTEST: A True Copy Town Clerk 1-NDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY Complete items 1,2,and 3.Also complete A. SignatV item 4 if Restricted Delivery is desired. /f ❑Agent Print your name and address on the reverse X Addressee so that we can return the card to you. B. Re ei ed y anted Name) C s e of livery Attach this card to the back of the mailpiece, !,V/S or on the front if space permits. Lf Article Addressed to: D. Is delivery address different from item 1? Yes If YES,.enter delivery address blow: ❑ No ' i t��iQ��aC�i�J SEP 1 2007 �05rp 3. Servic ype ertified Mail ❑Express Mail ..O Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes "Crransr�rrrr, ;aeta � 7005 0390 0003 4265 3906 b � omestic Return Receipt 102595-02-M-1540 4forr� j E � m IL LL Q o = m . - D24CD 0m a ' m -?m w ¢y��j F° m ��; moi✓` 906E 992h E000 06EO 5001_ a The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Public Health Bureau of Environmental Health Community Sanitation Program 18o Beaman Street DEVG�OvNOR L PATRICK West Boylston, MA 01583 TIMOTHY P.MURRAY Telephone: 5o8-792-788o LIEUTENANT GOVERNOR Facsimile: 508-792-7706 SECRETJVD�r �,MD TTY: 5o8-835-9796 JOHN AUERRACH COMAIISSIONER September 10,2007 Susan Sawyer,Director N.Andover Health Department 1600 Osgood St.,Building 2o,Suite 2-36 N.Andover,MA oi845 RE: 75 Davis St.Inspection Dear Ms.Sawyer: After review of your order dated September 10,2007,issued to Christopher Jenkins,all violations witnessed during our joint inspection of 75 Davis St,on September 6,2007 have been listed in the order. Sincerely, Paul Halfrnann Assistant Director Paul.Halfinann(itstate.ma.us www.mass.gov/dph/dcs DUDLEY C. GOAR ATTORNEY AT LAW 91 MMUN STREET,No.206 TAEPHONE. (978)369-1505 CONCORD,MA 01742 FACsnU.E (978) 369-1571 DUDIEYCR)GOAR LAW.COM August 24, 2007 _ Public Health Department Town of Andover 1600 Osgood St. AUG 2 9 2007 North Andover, MA 01845 LhIFALT� OF NOR-,H.ANDOVER DEPA,�Tiv'•ENT Re: 75 Davis Street,N.Andover,lA Dear Sir/Madam: Please be advised that I represent Chris Jenkins, the owner of 75 Davis Street,North Andover, MA. Please send me a certified copy of your entire file regarding this property. If there is a fee involved in processing this request, I will be pleased to pay the same. Thank you for your attention. Very truly y s, Dudley C. Goar DCG\nk VV DUDLEY C. GOAR ATTORNEY AT I.AW 91 MAIN STRFET,No.206 TErEPHONE: (978) 369-1505 CoNcom MA 01742 FACSm LE- (978) 369-1571 DuDlEY@GoAR-lAw.com August 24, 2007 Public Health Department Town of Andover 1600 Osgood St. AUG 2 9 2007 North Andover, MA 01845 :(, ' TQWN OF NCr: v`-R 4,EALT�'C�:' .,, ' r Re: 75 Davis Street,N.Andover,MA Dear Sir/Madam: Please be advised that I represent Chris Jenkins, the owner of 75 Davis Street, North Andover, MA. Please send me a certified copy of your entire file regarding this property. If there is a fee involved in processing this request, I will be pleased to pay the same. Thank you for your attention. Very truly y s, Dudley C. Goar DCG\nk NORTF� O�tt`�o X61~O X73 RLE ACHU PUBLIC HEALTH DEPARTMENT Community Development Division September 20, 2007 WESSLER AND WASSERMAN ATTORNEYS AT LAW John S. Wessler, Esq. General Practice 439 S. Union Street, Suite 201 Lawrence, MA 01843 Dear Attorney Wessler: Enclosed are the true and attested copies of the items requested from the 75 Davis Street file. The charge for the copies is $4.00. Please send a check payable to the Town of North Andover; and mail to the below address. Thank you. Sincerely.,-," Shan Y. Sawyer, REHS/RS Public Health Director Cc: File Enc: Copies of inspections and correspondence from 75 Davis Street file I i i 1600 Osgood Street, North Andover,Massachusetts 01845 Phone 978.688.9540 Fox 978.688.8476 Web http:f/www.townofnorthandover.com NORTH O��t�eo ,bgti 3'? e° d •6 OG 9SSACMUSE� PUBLIC HEALTH DEPARTMENT Community Development Division September 21, 2007 Dudley C. Goar Attorney At Law 91 Main Street,No. 206 Concord, MA 01742 Dear Attorney Goar: Enclosed are the true and attested copies of the items requested from the 75 Davis Street file. The administrative charge for the copies is $13.20. Please send a check payable to the Town of North Andover, and mail to the below address. Thank you. Since ly, Susan Y. Sawyer, RE /RS Public Health Director Cc: File Enc: Copies of inspections and correspondence from 75 Davis Street file 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web http://www.townofnorthandover.com .O CERTIFIED MAIL.-`RECEIPT /O • I I Y M For delivery inform6tion;visit our website at ..o Ln FL U • - ru -21 Postage $ M CertMed Fee O o� C3 Return Receipt Fee Postmark O (Endorsement Required) Here O Restricted Delivery Fee Er (Endorsement Required) m O Total Postage&Fees Lrl C3 sent To Sheet opt No. -----No.;--/------/ ---------------- --------------------------- -------- or PO Box 9 City State,Z%P+4 ,--- ------------------�- PS Form 3800,June .r Certified Mail Provides: } ne ■ A mailing receipt (esj 9 N)zooz eunr'000s uuo=i Sd ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and PPOs. SENDER: COMPLETE THIS SECTIOM COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2;and 3.Also complete A. Signat item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse Addressee so that we Can return the card to you. B. Rer�ei e�y rated Name) C a e of ivery ■ Attach this card to the back of the mailpiece, / /•V/S or on the front if space permits. D. Is delivery address different from item 1 M Yes 1. Article Addressed to: If YES,enter delivery,address b&w: ❑No SEP 1 2007 /05 3. Servic ype i Tf' ertified Mail ❑Express Mail Lf3.Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes ,,,r"�'ifan "I'll- ; ► ., _' ='7005 0390 0003 4265 3906 ....:...........:........:......................:_............--.:..... .__. ir"Worn r �at311 Domestic Return Receipt 102595-02-M-1 540 UNITED r o. M» 3.3 SAE S`'2IXt 7 !F" • Sender: Please print your name, address, and ZIP+ In this box • NORTH ANDOVER HEALTH DEPT. 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 'F VIII{tiillllliliilA till 11$11111 111111111 1111111111 1111111111 Town of North Andover o NO aTIJ Office of the Health Department , p Community Development and Services Division 1600 Osgood Street; Building 20;Suite 2-36 ' ° • °' ""•,moo North Andover, Massachusetts 01845 �SswcHus�t Susan Sawyer (978)688-9540-Phone Public Health Director (978)688-9542-Fax NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code,Chapter 11,Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: September 10, 2007 To Owner of Record: Property Location: Christopher Jenkins 75 Davis Street 126 Croton Lake Road North Andover,MA 01845 Katonah,NY 10536 An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel and the Department of Public Health on September 6, 2007. This inspection revealed violations of certain regulations of the State Sanitary Code, Chapter H, as listed on the attached Violation Form. You are hereby ORDERED to correct these violations within the time allotted on the enclosed form. Failure to comply within the specified time period may result in further action by the North Andover Board of Health. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven(7)days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses 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. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records con 'ng the matter be heard. Susan Y. Sawyer,REHSlRS Public Health Director BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Re:Property: 75 Davis Street From:North Andover Board of Health Date:September 10 2007 The fixtures as required in 105 CMR 410.150(A)and 410.150(B)shall have smooth and Toilets, Tubs and Showers 9/6/07 impervious surfaces and be free from defects which make them difficult to keep clean,or create an accident hazard. Secure vanity top to the unit Kitchen—Trim for slider missing 410.500: Owner's Responsibility Inco plet .7 Z,7 ➢ Knish trimming slider to Maintain Structural Elements 9/6/07 Fill holes and paint Kitchen—sink faucet in disrepair/loose 410.100(B):Kitchen Facilities Complete The facilities required in 105 CMR 410.100(A)shall have smooth and impervious surfaces and 9/6/07 be free from defects that make them difficult to clean or creates an accident hazard. ➢ Repair faucet Second Floor—observed gaps at threshold corners floor by bathroom 410.500: Owner's Responsibility Complete ➢ Repair gap in threshold on floor to Maintain Structural Elements 9/6/07 Second Floor Bathroom-tub not draining,broken lever;caulking 410.150(D): Washbasins, complete deteriorating Toilets, Tubs and Showers 9/6/07 lever ➢ Repair drain problem and re-do caulking must work Second Floor Hallway—light fixture hanging/dislodged from ceiling 410.351: Owner's Installation Complete The owner shall install or cause to be installed,in accordance with accepted plumbing, and Maintenance 9/6/07 gasfitting and electrical wiring standards,and shall maintain free from leaks,obstructions or Responsibilities other defects P ➢ Reconnect Light Fixture to ceiling Third Floor—right room closet—observed 18"x 18"approx.hole size 410.500: Owner's Responsibility Complete in ceiling to Maintain Structural Elements 9/6/07 ➢ Repair Hole Third Floor—handrail—top fastener loose 410.500: Owner's Responsibility Complete ➢ Repair Handrail to Maintain Structural Elements 9/6/07 Sign Posting—no landlord or manager posting 410.481:Posting of Name of Complete An owner of a dwelling which is rented for residential use,who does not reside therein and Owner 9/6/07 who does not employ a manager or agent for such dwelling who resides therein,shall post and maintain or cause to be posted and maintained on such dwelling adjacent to the mailboxes for such dwelling or elsewhere in the interior of such dwelling in a location visible to the residents a notice constructed of durable material,not less than 20 square inches in size,bearing his name,address,and telephone number. If the owner is a realty trust or partnership,the name, address and telephone number of the managing trustee or partner shall be posted. If the owner is a corporation,the name,address and telephone number of the president of the corporation shall be posted. Where the owner employs a manger or agent who does not reside in such dwelling,such manager or agent's name,address and telephone number shall also be included in the notice(See M.G.L.c.143,3S). Post Sign Basement—Three lights in rear not operational 410.253(A):Light Fixtures Delete/no ➢ First check breaker box since there are 3 out.H not a Other than in Habitable Rooms violation breaker,repair as needed or Kitchens Additional items identified on 9/6/07 Health Dept. accompanied by DPH—Community Sanitation personnel Kitchen walls—holes from old fixtures 410.500 l / "Every owner shall maintain the foundation,floors,walls,doors,windows,ceilings,roof y/ T staircases,porches,chimneys,and other structural elements of his dwelling so that the 111 dwelling excludes wind,rain and snow,and is rodent proof,watertight and free from chronic dampness,weathertight,in good repair and in every way fit for the use intended. Further,he shall maintain every structural element free from holes,cracks,loose plaster,or other defect where such holes,cracks,loose plaster or defect renders the area di cult to keep clean or Re:Property: 75 Davis Street From:North Andover Board of Health Date: September 10 2007 constitutes an accident hazard or an insect or rodent harborage." ➢ Fill holes in walls % r>- Basement common lights on tenant electrical 410.254 All common area lighting shall be provided by the landlord or A letting agreement shall state that the occupant is responsible for paying for light �-7 in the common area ➢ Have electrician move lights onto the landlord electrical box Living room closet-hole in ceiling,wall,electrical outlet,peeling 410.500 paint etc. Every owner shall maintain the foundation,floors,walls,doors,windows,ceilings,roof, staircases,porches,chimneys,and other structural elements of his dwelling so that the dwelling excludes wind,rain and snow,and is rodent proof,watertight and free from chronic dampness,weathertight,in good repair and in every way fit for the use intended. Further,he shall maintain every structural element free from holes,cracks,loose plaster,or other defect where such holes,cracks,loose plaster or defect renders the area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage." Repair wall ceiling etc.inside closet Second Floor storage room has no light 410.253(A) q17- ,i®7 The,owner shall provide and so locate electric light switches and fixtures in good working order so that illumination may be provided for the safe and reasonable use of every laundry,pantry,foyer,hallway... storage place.. ➢ Install proper electrical lighting in storage area Second Floor utility room with temporary screen 410.551 Cr 71 o rd The owner shall provide screens for all windows designed to be opened. m (])shall cover that part of the window that is designed to be opened.. 7/L y/p-7 (2)shall be tightfitting as to prevent the entrance of insects and rodents (3)expandable screen temporary screens shall not be deemed to satisfy the requirements Install proper screen Exterior light bulbs-may be burnt out 410.253 ➢ Lights above deck for the illumination of the porch Check bulb status and replace or fix if out All violations must be corrected within Ten (10)days of receipt of this Order Letter. Any requests for extension must be received in writing and detail the reasons for the need and the requested extension time. Cc: Attorney Gary Rothberger,representing Tenant-Patricia Warringer DelleChiaie, Pamela From: DelleChiaie, Pamela Sent: Friday, September 21, 2007 3:44 PM To: 'dudley@goar-law.com' Subject: 75 Davis Street- North Andover Importance: High Atty. Goar, I have made copies of the above file, and had them true and attested by the Town Clerk. We also have some additional e- mail correspondences that we since found, and I can send copies as is with what I have, or have them true and attested next week. If I don't hear from you, I will send the true and attested copies only. Please let me know by 4:00 p.m. today. Thank you. 8as1Raga.-ds, Paftooa ZPAM 6lilaia Health Department Assistant Town of North Andover 1600 Osgood Street Building 20,Suite 2-36 North Andover,MA o1845 '5978.688.9540-Phone A 978.688.8476-Fax http://www.townofnorthandover.com healthdept@townofnorthandover.com 1 postal E- CERTIFIED MA11 - RECEIPT lti •. bi'71V;No Insurance Coverage Provided) fL For delivery'ru •rmation visit•ur website at www.usps.com8U r0 Postage $ / M Certified Fee � v�• r'oS� OReturn Receipt Fee Po reark (Endorsement Required) O Restricted Delivery Fee r-1 (Endorsement Required)Ln ru Total Postage✓£Fees i OCA/ p sentTo C3mil.!... sheet,i�pt N---------------------------------- or j-------- _ .CII w Box No. /p�G �f 1 --------- ! -------------- cey,ware,ztP+a �� Certified Mail Provides: 'linme )zoozeunr'oosc—.4sd ■ A mailing receipt ,., ■ A unique identifier for your mallpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders., ■ Certified Mail may ONLY be combined with First-Class Mails or Priority Mail®. ■ Certified Mail is not available for any class of international mall. a NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt seance,please complete and attach a Return Receipt(PS Form 3811 to the article and add applicable postage to cover the fee.Endorse mailpiece'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted-Delivery". s If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. Internet access to delivery information Is not available on mail addressed to APOs and FPOs. SENDER: COMPLETE T�11S�;ECTIOIY COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sig ur item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X Cts ❑Addressee so that we can return the card to you. B. Received by(Printed N e) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery adrelivery differeRtfirom em 1? Q Yes 1. Article Addressed to: /If YDS;enter aidow: ❑No JUL 1 7 2007 3\1SerW&eTyp _ I HEAL7f I EPAR i M'r"NT rj €r i iI"ed'Maif ❑Express Mail M, 0�, O'Regtstered 13Return Receipt for Merchandise 26// ❑ Irisured Mail ❑C.O.D. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (transfer from service labeo ' 7004 2 510 0001 6602 2879 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE ES,T ::t�i'fr:`aWl EIR, NY1 w °"``s .te a et�sl�a`pais 10 JUL 2007. PM • Sender: Please print your name, address, and ZIP+ Is box - NORTH ANDOVER SAeeH DEPT. 1600 Osgood Building 20.Suite 2-1845 North Andover,MA 0 ills sifts 1111 fIfsllsl,lfIltI)IHill f111113f1IIIIIs Mli 11lllsl � yx / � # MR� TRA1,04ISSIOh1 VERIFICATION REPORT TD-4E 091'10!'2007 14:46 [144E HEALTH FAX 9786888476 TEL 9786888476 SER. # 00OB4J120960 DATE,TIME 09110 14:44 FAX NO.,,"NAME 8160: 4729718 DURATIOH 00: 01: 49 PAGE(S) 05 RESULT OK t-40DE STANDARD ECM • Neith Andum Hoft 1600 0ogood Straat North Mbvor,MA 01845 e 978 689-9540 ..1'w•, .I'� � �• � � lF ..qN ' V I �'tAi tx,,:i10.^,`r�4{�?;f���yPi ,..�t�!`�i�!i„¢•st' e.,a��q��tl�1t�.; TO: fit bard JeWdgs Fax: 603 472-9718 Fmm: Suwn SawyCr,HoWth Dir, Date: 9110/2007 Re: Davis St, f P". 5 CC: 0 Uri Cl For RvaVW r 0 Pkmm t m" 0 Mom RWy Ci PkM RK" s �'.•: a '�;,r 11 loth. +�' ' : � eY e e � (4-4 tt��'r`, Jgs qti Fwx You have MW qU@SVOM t�tz� �k� .,.w,'M.It 'r„b� i'?';y f q�,�, �'Atf.•,�,,u� �t'��'a tt,��"""N�' Aft",�'��i�W� w; TRANS-MISSION VFRIFIC�ATIOH REPORT TIME 09/1-0/2007 14: 48 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 00OB4JI20960 DATEJIME 09/10 14:47 FAX NO. , 0''NAME 8197868 6946 DURATION 00: 0-0:51 PAGE-S' 05 RESULTOK MODE STANDARD ECM North Andom Hmft Dept 100 0.qgood Shtd • Nom.Au4ovtr.MA01S45 978 6M9540 RX, TO: WCACT and wa=rmaft Fax,• 979 688-6946 From: Susan Sawyer,Health D`/,// Doft,. 9/10/2007 71-1�---' Re: 45 Davis St 7 Pages: 5 CC: 0 uwd 13 For Review Cl plea"commwd a PW=*Rapy a Poem Rwycw ffycm ham a"""om 4 )VP` i September 6, 2007 Ms. Susan Sawyer Department of Public Health Inspector 1600 Osgood Street North Andover, MA 01845 Dear Ms. Sawyer: Following your visit today from the Board of Health at my residence of 75 Davis Street, I hereby withdraw my request for a hearing before the Board of Health, put forth in my letter dated August 21, 2007. 1 also hereby ask that my letter in which this request was made, be expunged from the file. Thank you for taking time out of your busy schedule to come out to my apartment this morning and complete the house inspection. Sincerely, Patricia Warr; ger cc: Michele Grant Larry Fixler Attorney John Wessler Page 1 of 2 Grant, Michele From: Grant, Michele Sent: Tuesday, September 04, 2007 10:33 AM To: 'trisha warringer Cc: Sawyer, Susan; Bellavance, Curt Subject: RE: Inspection Good Morning Patricia, We would like to schedule a Final Inspection for Tomorrow morning September 8th, 2007, after 10:30am. please let us know what time would be good for you. Thank you, Michele E. Grant Health Inspector Town of North Andover 978-688-9540 -----Original Message----- From: trisha warringer[mailto:paws2smile@hotmail.com] Sent: Friday, August 31, 2007 10:25 AM To: Grant, Michele Cc: mleiva@conversent.net Subject: RE: Inspection Dear Michele: I'm not sure what you meant to say in your message,but the repairs are not complete. I am more than happy to schedule an inspection after they are complete. I am taking my son back to college today, as has been scheduled for more than a month in advance,and am therefore unavailable today. I will be available tomorrow, Saturday, and any other day this weekend, as well as Monday, Tuesday, and Wednesday of next week. I was on my way down to your office with a letter,but had to stop back home for a minute and checked my email. Since I have yours and Susan's email address, I will email my letter to you instead and save the trip. Please let me know when you would like to schedule an Inspection and I will be more than happy to accommodate your request, as I always have. Thank you, Trisha Warringer I From: 'Grant,Michele"<mgrant@atownofnorthandovercom> I To: <paws2snzAe@a hotmaii com> Subject: Inspection l Date: Fri,31 Aug 2007 08.•38.•56-0400 9/4/2007 NORT14 JORD 6" oLAK A �' 09 coc.rcniw.cw�• SSAC HUs���y PUBLIC HEALTH DEPARTMENT Community Development Division Letter of Compliance DATE: August 31, 2007 PROPERTY LOCATION Patricia Warringer 73 Davis Street North Andover, MA 01845 A Health Department ORDER LETTER dated August 21, 2007 was issued to you, as a renter of the property listed above, citing violation of the State Sanitary Code, 105 CMR 410.000, Mnzimum Standards of Fitness for Human Habitation, solely in regards to providing access to the owner to effect repairs as needed. Access was given prior to the deadline of August 25th; therefore this order has been complied with. Thank you for your cooperation in this matter. Since , 4 san Y. S er,REH S Public Health Director Xc: File 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com • N.Andover Health Dept 1600 Osgood Street Bldg 20,unit 2-36 North Andover,MA 01845 978 688-9540 facsimile ftw"n ictal To: Paul Halfinnan,Comm. San.Dir. Fax: 508 792-7706 From: Susan Sawyer,Health Dir. Date: 9/4/2007 Re: 73 Davis Strcet,N.Andover Pages: 23 CC: O Urgent O For Review 0 Please Comment 0 Please Reply 0 Please Recycle t Here is some of the pertinent information.R looks like 9.00 AM is good for everyone.I would like to 1 fes, confirm than with the attorney,so if you could let me know that would be great. Thank you . . . . . . . . . . . . . . . . . . . . . . . Page 2 of 2 Hi Patricia, Sorry we missed your message, as our offices close at 4:30pm, and your message was retrieved the following morning,August 30th, 2007. We would like to perform the final inspection morning. Please contact our office at 978-688-9540. Thank you Michele E Grant North Andover Health Department 978-688-9540 Tease your brain--play Clink! Win coolprizes. f� C)L' Ai Menactra- CPT®`Code 90734 MeningocOccal `CPT is a registered trademark (Groups A C Yand W-135)poccha►ideDiPhlhena of the American Medical Association. TOXOIf)Conjugale VaCClne MKT9872-1 9/4/2007 Page 1 of 2 Grant, Michele _ V From: Sawyer, Susan Sent: Monday,August 20, 2007 1:46 PM To: Grant, Michele Subject: FW: house maintenance fyi -----Original Message----- From: Chris.Jenkins@ch2m.com [mailto:Chris.Jenkins@ch2m.com] Sent: Monday, August 20, 2007 11:31 AM To: Sawyer, Susan Subject: FW: house maintenance From: Jenkins, Chris/NYC Sent: Monday, August 20, 2007 11:30 AM To: 'trisha warringer Cc: 'Dudley C. Goar,Attorney at Law'; 'Jenkins Family' Subject: RE: house maintenance Trish: The time will be in the morning sometime, but is function of the maintenance mans schedule, I will advise if the time is other than the morning. They will coordinate with you as to how long it will take to perform the maintenance. The company is the Levis maintenance company. There will be two people. The list of repairs will be as provided to me from the BOH. Chris From: trisha warringer[mailto:paws2smile@hotmail.com] Sent: Monday,August 20, 2007 11:18 AM To: Jenkins, Chris/NYC Subject: RE: house maintenance Chris: Yes,I'll arrange to be here tomorrow(Tues)during the time that the repair company will be here. As before,I'm requesting that we establish ahead of time: 1. a specific time that they will come and approximate time they will leave by 2. the name of the company,and how many people are coming 3. a specific list of repairs that he/they will be doing. Thank you, Trisha 8/20/2007 Page 2 of 2 From: <a&.)enkins ch2m.com> To: <paws2sm1Ye@ahotmaiicom> CC: <dud/eyCagaar-/aw.com>,<fenkinst@opton/ine.net> Subject: house maintenance Date: Mon,20 Aug 2007 07.•49.•28-0600 Trish: I have arranged for a local maintenance company to come to the house instead of me, to attend to the maintenance list. I would like for them to come tomorrow if possible. Please advise chris A new home for Mom, no cleanup required. All starts here. 8/20/2007 Page 1 of 1 Grant, Michele From: Sawyer, Susan Sent: Thursday,August 16, 2007 2:20 PM To: Grant, Michele Subject: FW: 75 davis st tub ---Original Message---- From: Chris.Jenkins@ch2m.com [mailto:Chris.Jenkins@ch2m.com] Sent: Wednesday, August 15, 2007 3:58 PM To: Sawyer, Susan Cc: dudley@goar-law.com;jenkinst@optonline.net Subject: 75 davis st tub Susan and dudley: For what it is worth regarding the tub, my plumber called Trish first thing this morning to arrange for the plugged tub to be fixed. Trish just returned the call and had no sense of urgency at all about it. This Friday is ok by her and if there is a problem with that she told the plumber they could come Mon, Tues or Wed of next week. Does this make sence to any of you? It sure does not make sence to me. I thought this was a big deal to her. Regards to all, Chris 8/16/2007 Page 1 of 1 ' Sawyer, Susan From: Chris.Jenlans@ch2m.com Sent: Thursday,August 16,2007 8:14 AM To: Sawyer, Susan Subject: [BULK]house code issues Importance: Low Susan: Good morning. I have sent an email to Trish Warringer this morning requesting to take care of the maintenance issues she has. I intend to go there Saturday morning if she will allow me to come in. On another note, I have decided that Trish will eventually go away and that lots of good will come from this unpleasant experience we are in the middle of. I will have a better knowledge of the fineties of being a good landlord,which has always been a goal of ours. We have a lot of pride in our home and really enjoy providing a nice place to live to those in need of renting a home. To date the only reason people have left our home has been to get married or buy there own home. We look forward to continuing that trend once this storm passes. I am excited to get into the house to take care of some of these minor nagging issues. The way I see it, I am able now to prep for the next farrdly that moves in. So this is a good thing. Had Trish not turned out the way she has, I can assure you that anything and more would have been addressed by now. I would have loved to have made this place completly perfect for her to stay. House maintenance has always been a strong suit of ours. If it were not,we would have had no business buying it in the first place. Early in our ownership,the internal family joke was about the movie with Tom Hanks called the"Money Pit". You just could never believe how trashed this house was when we bought it. Regardless,we got through the rebuild process and look forward to getting through this issue regarding Trish Warringer. Can you steer me to a source so 1 can read up on these codes that Trish keeps referencing,and or any other sources for being a responsible landlord? Best Regards and Thanks for your support, Chris 8/16/2007 Town of North Andover f NORTH Office of the Health Department . o Community Development and Services Division 1600 Osgood Street;Building 20;Suite 2-36 North Andover,Massachusetts 01845 cousEt Susan Sawyer (978)688-9540-Phone Public Health Director (978)688-8476-Fax NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code, Chapter II,Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: August 15, 2007 To Owner of Record: Property Location: Christopher Jenkins 75 Davis Street 126 Croton Lake Road North Andover, MA 01845 Katonah,NY 10536 An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel on Tuesday, August 14, 2007. This inspection revealed violations of certain regulations of the State Sanitary Code, Chapter Il, as listed on the attached Violation Form. You are hereby ORDERED to correct these violations within the time allotted on the enclosed form. Failure to comply within the specified time period may result in further action by the North Andover Board of Health. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven(7) days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses 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. You may be represente an attorney. You have the right to inspect and obtain copies of all relevant records conce g the matter to be h d. /Vsan Y. Sa r, to Public Heal Director BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 4511-- Re:Property: 75 Davis Street From: North Andover Board of Health L% / �� Date: August 15,2007 b ORDER LETTER Upon written request by the tenant, a second inspection was performed at 75 Davis Street by Board of Health staff on Tuesday,August 14,2007. The tenant presented an extensive list of 55 items to the Health staff to use as guidance for possible concerns. Below are the items found by the Board of Health to be applicable as violations of 105 CMR 410.000 Chapter II of the State Sanitary Code, Minimum Standards of Fitness for Human Habitation. These items noted below require minimal work and do not need licensed personnel for correction. All items listed relating to the unfinished storage room are not violations, as this room is not considered a habitable space and therefore does not have to meet the requirements of habitable space. All violations must be corrected within Ten (10) days of receipt of this Order Letter. Any reque is for extension must be received in writing and detail the reasons for the need and the requested extension time. Regulatory Reference Re- Violation Inspection Observed Doorbell wire hanging out in excess of 18 inches. 410.256: Temporary Wiring "No wiring......nor shall any extend through a doorway or other opening in a structural element." ➢ Push unused doorbell wire back into hole and cover so people cannot pull it out again Observed storm door—spring has screws missing—top only. 410.552:Screens for Doors The owner shall provide a screen door for all doorways opening directly to the outside from , any dwelling unit or rooming unit where the screen door will be permitted to slide to the side or open in an outward direction,provided,that in an owner-occupied unit,the owner need provide screens only for those doorways used for ventilation. All new or replacement screens in screen doors shall be of not less than 16 mesh per square inch. Said scrren door: (1)shall be equipped with a se f closing device except where the screen is designed to slide to the side;and(2)shall be tightfitting as to prevent the entrance of insects and rodents around the perimeter. ➢ Replace screws in storm doorspring or remove extraspring Screen doors were lacking on front storm door and mudroom 410.500:Screens for Doors 7410-7 ➢ Show tenant location of front door screen and Install screen door in mudroom Living Room—observed 2"hole from old radiator on floor under front 410.500: Owner's Responsibility i N window. to Maintain Structural Elements "Every owner shall maintain the foundation,floors,walls,doors,windows,ceilings,roof, �`C staircases,porches,chimneys,and other structural elements of his dwelling so that the dwelling excludes wind,rain and snow,and is rodent proof,watertight and free from chronic dampness,weathertight, in good repair and in every way fit for the use intended. Further,he shall maintain every structural element free from holes,cracks,loose plaster,or other defect where such holes,cracks,loose plaster or defect renders the area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage." Fill Hole Living Room front door—observed gap of wooden floor piece missing 410.500: Owner Responsibility along threshold to Maintain Structural Elements 161 7 ➢ Repair missing piece of wood Living Room—left wall-observed old outlet covered by tape—tape 410.500: Owner Responsibility / removed; previous patch ripped open. to Maintain Structural Elements °I l��c; 7 ➢ Patch outlet opening with permanent wall covering material Dining Room—observed 8"x%Z"piece of wood missing by built in 410.500: Owner Responsibility /`yL /tam cabinet along the wall to Maintain Structural Elements ➢ Replace missing piece of wood Bathroom—1"Floor—Pocket door off track 410.150(A) (4): Washbasins, �/� �7"Each room which contains a toilet,bathtub or shower shall be fitted with a door which is Toilets, Tubs and Showers Re: Property: 75 Davis Street From: North Andover Board of Health Date: August 15,2007 capable of being closed." / ➢ Place door back on door track or fix as needed 9l t-1 p-7 Bathroom—1s`Floor—vanity top loose 410.150(D): Washbasins, / The fixtures as required in 105 CMR 410.150(A)and 410.150(B)shall have smooth and Toilets, Tubs and Showers ` impervious surfaces and be free from defects which make them difficult to keep clean,or create an accident hazard. ➢ Secure vanity top to the unit Kitchen—Trim for slider missing 410.500: Owner's Responsibility i r,►.c. _�/� ➢ Finish trimming slider to Maintain Structural Elements Kitchen—sink faucet in disrepair/loose 410.100(B):Kitchen Facilities JG�� 7 The facilities required in 105 CMR 410.100(A)shall have smooth and impervious surfaces l and be free from defects that make them difficult to clean or creates an accident hazard. f ➢ Repair faucet Second Floor—observed gaps at threshold corners floor by bathroom 410.500: Owner's Responsibility `7 C 07 ➢ Repair gap in threshold on floor to Maintain Structural Elements Second Floor Bathroom—tub not draining; broken lever; caulking 410.150(D): Washbasins, deteriorating Toilets, Tubs and Showers yh ➢ Repair drain problem and re-do caulking Second Floor Hallway—light fixture hanging/dislodged from ceiling 410.351: Owner's Installation The owner shall install or cause to be installed, in accordance with accepted plumbing, and Maintenance gasfitting and electrical wiring standards,and shall maintain free from leaks,obstructions or Responsibilities other defects ➢ Reconnect Light Fixture to ceiling Third Floor—right room closet—observed 18"x 18"approx. hole size 410.500: Owner's Responsibility / 7 in ceiling to Maintain Structural Elements ➢ Repair Hole Third Floor—handrail—top fastener loose 410.500: Owner's Responsibility ej C6/o'7 ➢ Repair Handrail to Maintain Structural Elements Sign Posting—no landlord or manager posting 410.481:Posting of Name of rG ` An owner of a dwelling which is rented for residential use,who does not reside therein and Owner who does not employ a manager or agent for such dwelling who resides therein,shall post and maintain or cause to be posted and maintained on such dwelling adjacent to the mailboxes for such dwelling or elsewhere in the interior of such dwelling in a location visible to the residents a notice constructed of durable material,not less than 20 square inches in size,bearing his name,address,and telephone number. If the owner is a realty trust or partnership,the name,address and telephone number of the managing trustee or partner shall be posted. If the owner is a corporation,the name,address and telephone number of the president of the corporation shall be posted. Where the owner employs a manger or agent who does not reside in such dwelling,such manager or agent's name,address and telephone number shall also be included in the notice(See M.G.L.c. 143,3S). ➢ Post Sign Basement—Three lights in rear not operational 410.253 (A):Light Fixtures rla/`/© .7 ➢ First check breaker box since there are 3 out.If not a breaker, Other than in Habitable Rooms repair as needed or Kitchens Cc: Attorney Gary Rothberger,representing Tenant—Patricia Warringer / �4cs'2-- North Andover Health Dept. • 1600 Osgood Street North Andover,MA 01845 facsimile �mittal To: Carol McGravey Fax: 617 338-0122 From: Susan Sawyer,Health D1r Dabs: 8/8/2007 Re: 75 Davis Street Pages: 2 CC: 0 urgent E21 For Review D Please Comment ❑Please Reply O Please Recycle Carol, \"} Received a call and this communication.Can you please call me? Tlank you . . . . . . . . . . . . . . . . . . . . . . . NOR TFf #e'9'1� it . Lj RLE O.p cxwic.uw.cw 1• pORArmO SSACHUgE PUBLIC HEALTH DEPARTMENT Community Development Division August 8, 2007 Gary Rothberger Faxed: 978.688.6946 439 S. Union Street & Mailed Suite 201 S. Lawrence, MA 01843 Re: Patricia Patricia Warringer, 75 Davis Street, North Andover, MA 0184575 Davis Street, North Andover, MA 01845 Dear Attorney Rothberger, Please find the enclosed documents that your client noted were missing from the file on Friday July 20, 2007. The request that day was to the Building Department,unfortunately, the Health Department file was not viewed. These files are available to the public during regular business hours 8:30 to 4:30; however if a citizen's request is not able to be met immediately due to staffing, or if it comes after 4:30 as the day your client hand delivered her letter, or other circumstances,they may request specific documents via a request form, and the Town offices have a maximum of ten days to respond. As to the request for the additional inspection, Town Counsel has advised the health office to go ahead and set up this appointment directly with your office. Due to staffing issues,the only available time for this week would be tomorrow, Thursday, August 9, 2007 at 1PM. Otherwise, Monday or Tuesday mornings are open after 10 AM. Please contact Pamela,the Health Administrator as to your client's preference. Thank you for your anticipated cooperation in this important matter. Sincere san Sawy REHS/R`'�/ Public Health Director Cc: Curt Bellavance, Community Dev. Director mile Atch: Letter from Electrician Letter from Plumber Copy of Order Letter 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 fax 978.688.8476 Web www.townofnorthandover.com Re:Property: 75 Davis Street From:North Andover Board of Health Date:July 3,2007 ORDER LETTER An authorized inspection of_75 Davis Street, North Andover, MA.was performed by Board of Health staff on July 2,2007 at which violations of 105 CMR 410.000 Chapter II of the State Sanitary Code, Minimum Standards of Fitness for Human Habitation were found. Failure to respond within the allotted time period may result in a Board of Health finding that the dwelling is unfit for human habitation. All violations must be corrected within seven (7) days of receipt of this Order Letter or a plan for completion must be approved by this office if a professional contractor must be hired to do the work. Violation Regulatory Re-Inspection Reference HEALTH CODE: CMR: APPENDIX A VIOLATION: Observed cross connection of Hot Water Pipes from one 410.354-C 7 Days upon receipt of this apartment to the other. Order Letter The owner shall hire a Licensed Electrician and a Licensed Plumber to evaluate any and all cross connections relating to Electricity and Plumbing at the above address. The Hirees shall then report to respective department and deliver in writing their findings. 'T the owner is not required to pay for the electricity or gas used in a dwelling unit,then the owner shall install and maintain wiring and piping so that any such electricity or gas used in the dwelling unit is metered through meters which serve only such dwelling unit, except as allowed by' 105 CMR 410-254(B). r i R' �M Ito 4 Mir. Michael E.Grant 9 July 2007 Public Heath 1upector Town of North Andover 1600 Osgood Street North Andover MA,01845 1t,E: 75 Davis Street,Borth Andover MA 01845—electtitcal separation of services Dear Mr. Grant On the 90'of July 2007 at the request of Mr. Chris Jenkins we inspected the property at 75 Davis Street and found that all of the electrical wiuting to each of the(3)tenant spaces and house panel were separate and correctly metered. The following tests were performed. 1. Power was turned off to all of the tenant spaces and each apartment unit was verified to ensure that the all electrical services were not commingled and metered correctly. 2. All appliances,outlets and lights from the 75 Davis street electrical service are fed only by the 75 Davis street electrical meter and the electrical services used in the dwelling unit are metered through meters which serve only the dwelling unit. 3. Power for the washer, Dryer and exterior common area lighting were verified to m=e that the wiring originated and was metered by the house panel. My Massachusetts Master Electricians License number is 938MR Please call me should you have any further questions. cer ark .Weissflo resid ss Lake Street KW Management, Inc, Box # 6 NAsuuA, NE o3o6o (603)598—8181 Office (60) 598—5188 Fax Mr.Plumber,Inc. 9 Washington Street Pelham,NH 03076 (603)635-3636 Mr.Plumber,Inc. RECEIVED July 6,2007 JUL 0 9 2007 Town of North Andover TOWN OF NORTH ANDOVER Office Of The Health Department HEALTH DEPARTMENT Community Development and Service Division 1600 Osgood Street North Andover,Massachusetts 01845 Dear Sir or Madam: Please accept this notice that the cross connection at 73/75 Davis St.has been corrected and no other exist. Removal of piping and capping same,also removal of valve handle was completed by my company on July 6,:2007 under plumbing permit#7430. Guslvlessineo President W.Plumber Inc. . . . . . . . . . . . . . . . . . 11�Ir Plumber;enc FR0NI ED',)AUG 8 200 r 12 :52/'S'T. 1 :51 i Nn. 6801714625 P 2 f'ESSLER AND WASSERMA.N Attorneys at Lave John S. Wessler,Esq. Gary Rathberl er,Esq. Stephen.4. Wasserman,Esq. Cy&unsel 4398.UwoNSTn-Fr 5TE101 Tri,:(978)689-3806 S.LAFfRENGE,ntnssAcjmsEm 01843 Ft (978)688-6946 August 8, 2007 Susan Sawyer Public_ Health Director Public Health Department 1600 Osgood Street North Andover, MA 01845 Sent by lat_class_mail and fax: 478-688-8476 RE: 75 Davis Street, North Andover, MA Dear Ms Sawyer: I am writing concerning 75 Davis Street. On or about July 34, 2007, you wrote to Patricia Warringer, who is my client, that you intended to have a third party involved in all future- inspections of her home. You requested that she forward the name of her attorney to you and that an inspection would then be scheduled. Ms Warringer informs me that she provided the requested information to you but has not heard back concerning the inspection. Even assuming that Ms Warringer did not provide the information, I am unaware of any legal rule requiring that a tenant provide the name of her attorney before an inspection will be scheduled, whatever her concerns about the procedures being used by the board of health. Thus, I am writing to request that the inspection be scheduled immediately. Thank you for your attention to this matter. Should you have any questions, please do not hesitate to contact me. Sincerely, Gary Rothberger North Andover Health Dept • 1600 Osgood Sheet North Andover,MA 01845 • 978 688-9540 facsfinile- To: �mittalCarol McGravey Fain:617 3384122 From: Susan Sawyer,Health Dir. Date: 8/3/2007 Re: 73 Davis Street,Hbwai e Pages: 11 CC: 0 Urgent 0 For Review 0 Please Comment 0 Please Reply 0 Please Recycle Hello Carol I am sending you all correspondence in regards to a rental housing complaint that we responded to in June.The renter has stated in a letter to us that she is contemplating "passing the costs,-on to your department", but she is also requesting that we go bads Into the apartment to conduct a second inspection. Our attempts to explain our position have been met with hostile and confusing conversations that have not been productive. Because of the threat, I want to make sure that we move forward in a protective manner. Alttiough.I-initially told her I would come back to conduct a second inspection, I would like to discuss my thoughts with you for consideration of not honoring that initial offer. Would you please review this packet of information that is sent chronologically and then give me a call so that we may discuss the issue and how we should proceed. Thank you Susan . . . . . . . . . . . . . . . . . . . . . . . Jul 31 07 05: 57p WARRINGER 978 689 9178 p. l FAX f Today's Date: G> # pages (inclusive): If Fax To Info: Person: 4oe— Company� of Lb Ir' Address: ? Q� 41.) /01 O)LOL I Yn ��z Fax To #: („ ZZ k 7 74 Company Phone #: Fax From Info: Person: Trisha Warringer Company: Address: 75 Davis Street North Andover, MA 01845 Contact Phone #: (978) 975-7727 FAX From M Note/Additional Info: i I July 30, 2007 Department of Public Health Community Development Division 1600 Osgood Street North Andover, MA 01845 Dear Ms. Sawyer: On Saturday, July 28, 2007, 1 received and read your July 24`x' letter from the Health Dept.. Your letter was in response to my own letter to the Health Dept. which I hand delivered to your office on Friday, July 20, 2007, and left with the Building Dept. next door since the Health Department was apparently closed. As you requested, I am forwarding the contact information for my attorney: Attorney Gary Rothberger 439 S. Union St., Suite 201 South Lawrence, MA 01843 Tei: (978)689-3806 Fax: (978) 688-6946 Sincerely, Patricia A. arringer 75 Davis St. North Andover, MA 01845 (978) 975-7727 cc: Gary Rothberger, Esq. Curt Bellavance, Director of Community Development i � �ORTh O L 4A c«wcwwrc.`�• 5 ��SSACH � 11 PUBLIC HEALTH DEPARTMENT Community Development Division July 24, 2007 Patricia Warringer 75 Davis Street North Andover, MA 01845 Dear Ms. Warringer, The Health Department received your hand delivered correspondence on Monday, July 23, 2007. In light of the circumstances that you have outlined in your letter it appears prudent for all parties concerned to have third party involvement from this point forward. To ensure that the process proceeds in an appropriate and legal manner, it is requested that you please forward the contact information for your attorney and we will forward. it to Carol McGravey, our representative from Town.Counsel. At that time, your next inspection will be set up as soon as possible. Thank you for your anticipated cooperation in this important matter. Sincerely,- S ,an Sawyer, REBS S� Public Health Director Cc: Curt Bellavanee, Community Dev. Director olKl 1e 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com July 23, 2007 RECEIVED Ms. Michele Grant Health Inspector �UL 2 4 2007 North Andover Health Department 27 Charles St. TOWN OF NORTH ANDOVER North Andover, MA 01845 HEALTH DEPARTMENT Dear Ms. Grant: I received a copy of your"letter of Compliance" to my Landlord, in which you informed him that he has fully complied with the Order letter of July 3, 2007, although the letter provides no information about what, if any work was done, who did the work, who inspected it, licensed (?), the date it was done, and other pertinent information. You even stated that perhaps no code violations existed to begin with. No conclusive results were provided. On Friday, July 20, 2007 1 went down to the Board of Health at 1600 Osgood St. to: 1. Pick up a copy of the reports that are required by law to be documented and filed by a Licensed Plumber and Electrician, "with all of their findings"following an evaluation of `any and all cross connections relating to Electricity and Plumbing"at 75 Davis St. The report should include all work evaluated and performed, related to cross metering and/or cross wiring, regardless of when it was done. 2. Reschedule the appointment for a full house inspection, originally set up for July 9, 2007, but which I had to cancel due to a funeral for a death in the family. I was informed that there was no written report on file, and no written report submitted by the Plumber who took out the permit, as is required by law. I was provided a copy of the Permit taken out by a licensed Plumber. There was no permit or report from any Licensed Electrician, which was also a requirement of the Order Letter. I previously expressed my concern for your refusal to document, and include in the Order letter, violation for cross wiring for the outside lighting, and any other possible cross wiring that needed to be taken care of. As you recall on Monday, July 2, 2007, the day that you accompanied the Electrical and Plumbing Inspector to the appointment that I scheduled myself, (independent of yourself and the unwarranted requests made of me), although you were instructed by the inspector that was there, to list a violation for lighting cross wiring, you refused to do so. I was told by both you and Sue Sawyer that the additional code violation would not be included because "the letter is almost finished, and it will be mailed today" (July 2"d) , which is not a valid reason. It also wasn't the truth either, since the Order Letter was actually dated and mailed the next day anyway, July 3, 2007. 1 am concerned that the request that I have made to the North Andover Board of Health,with genuine and valid concern, has been treated and handled with bias and outside of the legal requirements to which the Board of Health is obligated to adhere to. I was hoping to avoid the legal expense of securing an attorney to help me, but the unprofessional manner with which this is being handled, the invalid requests that you made of me, refusal to act in accordance with the legal guidelines, have forced me to seek out and hire an attorney to handle this case, which I may very well be passing the costs of, on to your depaXtment. I am requesting to set up an appointment for the rest of the inspection. -6 Sincerely, Patricia Warringer, 7 Davis St. 978- 5-7727 r , l 55 Lake St Nashua,NH 0300 F" To- Mr.Michael E.Grant From Mark P.WeWogi Faye 97e-s� R S"q 7- Paris: 2 Phones 97868$-9540 Dates 7/10/2007 Its: 75 Davis Street CQ ©6€ Ont M For Review Cl Ptaase E amn—a --ct 0 Please Reply 0 Please Recycle a Comments: Mr.Grant, I have attached the electrics evaluation of the 75 Davis Street property. I will mail a hard copy to you, today. Call me if you have any questions. Thant you, r -fSAar P.Weissflog,Pre ' nt KW Management,Inc. Cell#603-235-8087 Office#803-588-0181 'Housing Code Checklist Conditions that may endanger or materially impair your health or safety: Under the state sanitary code, the following violations are considered conditions that may"materially endanger"the health of you and your family. If you or the local board of health has notified your landlord of these violations, you may legally withhold all or a portion of your rent. C. D. E. F. A. B. Date Date I first I first Does Date Complete Description of Condition Sanitary { Discovered notified Condition Fixed Code Condition Landlord Still exist? Section r Sept. 14, 06 Sept. 15, 06 yes not fixed No heat: 2"d floor, Large "bedroom", is uninsulated, unfinished. 410.200 r sr I ,,Z Sept. 14, 06 Sept. 15, 06 yes not fixed No electricity: 2nd floor, Large "bedroom", is uninsulated, unfinished. 410.354 3. Sept. 14, 06 Sept. 23, 06 yes not fixedr inadequate electrical facilities or lighting in common areas: 410.250, '(_j),l In back yard, beyond fence in parking area and at garages 253A, B, 254 --2)-• 2nd floor, Large "bedroom" has no electricity July 21, 06 ----------- yes 3) Basement: previously working electric lighting at exit to yard and others have been disconnected, since July 6 or 9, 2007 ,,/Sept. 15, 06 Sept. 23, 06 yes not fixed No working toilet or sewage disposal system: 410.450, 300 --F l s -5 Toilet doesn't flush all the way when tub is all clogged up 5. Sept. 15, 06 Sept. 23, 06 yes of fixed . No or inadequate locks for entry doors: 410.480D Door leading from my unit to common basement v�w . Sept. 15, 06 Sept. 23, 06 yes not fixed Accumulation of garbage or filth that may provide food April 25, 07 or shelter for rodents, insects or other pests, or that may contribute to accidents or disease: 410.600, 601 In back yard in parking area, and garages, used by garage tenants. Also Ref.- email:Apr. 25, 2007 7 Sept. 17, 06 Sept. 23, 06 yes not fixed Presence of lead paint accessible to a child under age six: G.L. c.111 In bedroom window sills 2nd and 3rs floors. §190-199 Landlord told me he doesn't pay to have the windows cleaned for tenants. 'i HP OfficeJet G Series G85 Fax-History Report for Personal Printer/Fax/Copier/Scanner WARRINGER 978 689 9178 Jul 23 2007 6:14pm Last Fax Date Time Twe Identification Dura i n Pages Result Jul 23 6:13pm Sent 9786886946 1:01 2 Jammed C. D. E. F. A. B. Date Date I first I first Does Date Complete Description of Condition Sanitary Discovered notified Condition Fixed Code Condition Landlord Still exist? Section Sept. 23, 06 Sept 23, 06 yes not fixed Foundation, or other structural defects that may expose occupant n (Landlord pointed out to me) to fire, burns, shock, accident, or otherdangers: 410.500 Large flood in basement from leaking foundation, causing up to 2 '/2 ft. l" of water to fill basement. Landllord instructed me to put everything of value Z c.>C> G► up high out of flood area (2 '/z- 3 ft. high), because he has no plans to fix it f ?_ d o7 and has no insurance to cover anything I lose. I did this. (See photos of basemt). Sept. 15, 06 Sept 23, 06 yes not fixed Improperly installed or maintained electrical, plumbing, heating facilities that expose { occupant to fire, burns, shock, accident, or other dangers. 410.351 �v �('✓ 1. Exposed wires: inter.L.R. walls, D.R. walls (near plugs &speaker wires up high) 2. Exposed wire: exterior, front door, where a front doorbell once was. 3. Floodlights at top corner of roof remain burned out, over deck (light up both sets of deck stairs & 1 side of yard). Top corner of roof is not accessible to me/ requires a 2-story ladder, and is dangerous to do. (informed landlord on/about Feb. 19, while he was here from New York) 4. Bathtub/shower: broken drain lever, severe drain problem, continuous basis. 10. Sept.17-06 Sept.23-06 yes not fixed Any erect in asbestos material that may result in the release of dust: 410.353 1 J Daughter's bed room: large hole in ceiling, (up to 2 feet) leaving very old, dusty v insulation hanging down out of ceiling t-2---2 nd fir x-large bedroom: unsure if any asbestos is in exposed insulation on 1 wall. 1PLiving room closet: large holes in walls/ceiling may expose asbestos Sept 15-06 Sepf 23-b6 yes not fixed Any other violation of the sanitary code that the inspector finds to be a danger to health pid safety; d floor x-large bedroom: Exposed fiberglass insulation 410.750(P) Landlord refused to do any work toward completion here. Frsant Steps: old and broken steps, in which several are missing the front edging. Landlord promised to fix, repair or replace, paint, as detailed in his emails to me, in Sept., Oct, Nov. 06. i I I HP OfficeJet G Series G85 Fax-History Report for Personal Printer/Fax/Copier/Scanner WARRINGER 978 689 9178 Jul 23 2007 6:18pm Last Fax Date Time Twe Identification Duration Pales Result Jul 23 6:18pm Sent 9786886946 0:40 1 OK Result: OK - black and white fax Okay color - color fax C. D. E. F. A. B. Date Date I first 1 first Does Date Complete Description of Condition Sanitary Discovered notified Condition Fixed Code Condition Landlord Still exist? Section Conditions that must be fixed within five days If any of the following violations exist in your apartment, they must be fixed within five days after the landlord is notified of them. If your landlord does not fix them, they become conditions that"materially endanger" your health and safety and you may withhold all or a portion of your rent. Sept. 15-06 Sept. 20-06 yes not fixed Kitchen sink, oven, or stove not of sufficient size or not in good working condition: l/ L o o�� Kitchen sink: loose handle, need to use 2 hands to turn on water. 410.100 I 13. Sept. 15, 06 Sept. 20, 06 yes not fixed Sink or shower in the bathroom not in good working condition: 410.150 1 ipes back up signif. hair, dirt, & other gross junk into tub when water is turned on Shower/tub Drain is broken and nonfunctional. 3. Water does not drain following a shower. 4. No means of taking a bath, 14. Sept 23-06 Sept-23,06 yes not fixed No or unsafe handrails or protective railings on porches, roofs, stairways (LANDLORD POINTED OUT TO ME) or other similar places: 410.503 1. 3rd flr: Hand railing going up to V floor bedroom is loose/hanging off wall. 2. Cellar: No railing (or lighting) leading on stone steps leading from basement, l� to outside 1 May 8, 07 May 11, 07 some May, Jne, July Any defect in electrical, plumbing or heating system that violates "generally l accepted standards" but does not create an immediate hazard._ 410.75(0)(3) ✓�y� Basement: Cross metering and cross wiring: 16. Sept.15, 06 Sept. 23, 06 yes not fixed Cockroach, insect, or rodent infestation: 410.550 1. Lots of spiders, some silverfish, centipedes. In light of-holes (firs, walls, ceilings), I informed L.Lord; he acknowledged that insects come thru all part of living there. in walls/ceilings, and large cracks/openings in floors. 2. Loads of spiders/spiderwebs in basement, all,over ceiling and hanging down ' from pipes and electrical wiring. _ . HP OfficeJet G Series G85 Fax-History Report for Personal Printer/Fax/Copier/Scanner WARRINGER 978 689 9178 Jul 23 2007 6:21pm last Fax D-= Time I= Identification Duration Pales Result Jul 23 6:19pm Sent 9786886946 1:48 4 OK Result: OK - black and white fax Okay color - color fax C. D. E. F. A. B. Date Date I first I first Does Date Complete Description of Condition Sanitary Discovered notified Condition Fixed Code Condition Landlord Still exist? Section Conditions that must be fixed within 30 days: Your landlord must repair or provide the items and services listed below within 30 days of being notified that there is a problem. If these problems are not fixed, they become conditions that"materially endanger"the health and safety of you and your family and you may withhold all or a portion of your rent. Kitchen: July 28, 07 am saying now yes n/a All sinks, owner-installed refrigerators and stoves, and gas-and oil-burning { equipment must be kept in good working condition: 410.351 Owner-installed refrigerator stops working when weather gets too hot. It just turns off, and A lot of our food has been going bad. Need to get this fixed, asap, please. Bathroom: LOnewash 18. Sept.15, 06 Sept.23, 06 yes not fixed basin, fr a from defects, must be provided: 410.150(A)(2) / sits in (1St floor'/ bath is loose from floor and wall, so shakes/rattles.) �,9'Sept 15,06 Sept 20, 06 yes not fixed One shower or bathtub, free from defects, must be provided in a room not used for living, sleeping, cooking, or eating: 410.150(A)(3) 20 Sept. 10,06 Sept.20, 06 yes not fixed Ea. room that contains a toilet, bathtub/shower must have closable door. 1"floor bathroom's"pocket door" is broken. Was band-aid fixed by Landlord on 9/23, but re-broke several months later. Note: This was also broken when I first went to see the unit in sept. 410.150(A)(4) 21. Sept. 15, 06, Sept. 20,06 yes not fixed Floor and walls, to the height of four feet, must be constructed of nonabsorbent, easily cleanable material. 410.504 1. Walls have deep scratches, dirty, holes in and chipped all along edges/corners; walls are noteasily cleanable;appears to be just a primer coat of paint years ago. Walls, baseboards : Landlord promised but has not painted/repaired walls/baseboards, corners, between tenants for many years Sept. 15, O6� ept. 23, 06 yes not fixed 4. Baseboard heating unit (full bathrm) is dirty, very rusted and contains debris. Unit needs to be taken apart and cleaned out, painted and put back in place. C. D. E. F. A. B. Date Date 1 first 1 first Does Date Complete Description of Condition Sanitary Discovered notified Condition Fixed Code Condition Landlord Still exist? Section Water: Cold not 23. Wkends May_ sure Some fixed There must be enough hot water at temp. between 110 - 120 degrees, w/ 410.190 adequate pressure, for ordinary use, unless written lease requires me to provide it. . Sept.15,06 Sept.18,06 yes not fixed The toilet, wash basin, kitchen sink, shower, and/or bathtub must be properly connected to the drain line. 410.350 Bathtub/shower drain lever broken and drain non-functional. C_.�C He/at:Jan.1,07 Jan.11,07 yes not fixed From 9/16—6/14, landlord must provide facilities to heat ea. room (including (see 1/11 email) bathrooms) to at least: 410.200-201 68 degrees F, between 7 a.m. & 11 p.m.: Heat reaches 65 (high) on a sunny cold day. 64 degrees Fahrenheit between 11 p.m. and 7 a.m.: Temp goes way down on cold nights, sometimes into 40's (see photos of thermostat) ;, . J an. ,07 1/11,07 yes not fixed Heating equipment must be provided &maintained in good working order. 410.351 . May 607 May10,07 some some fixed Landlord must provide and pay for heat unless there is a written agreement that (ongoing issue) requires tenant to pay for heat. 410.201 Electricity. Wiring. and Gas: 28. May 6,07 May10,07 yes some fixed The landlord must provide and pay for electricity and gas unless the tenant's apartment is individually metered and there is a written rental agreement requiring the tenant to pay. 410.354 Discovery of cross metering and cross wiring from my furnace, hot water tank over to other tenant's appliances, tub/shower. Electric: lights and other. Note: Following my email notification, my electric bill suddenly dropped by almost 2/3. � - � J 1 j C. D. E. F. Date Date I first I first Does Date Complete Description of Condition Sanitary Discovered notified Condition Fixed Code Condi "on Landlord Still exist? Section . Sept.15,07 Sept.18,07 yes not fixed For each room other than the kitchen and bathroom, either two separate electrical outlets or one electric light fixture and one wall outlet must be provided. 410.250 No electricity in extra large bedroom. 30. July 9, 07 various yes not fixed Electric light fixtures must be located so that light will be available for the safe and (see ea. below) reasonable use of: 410.253(A) 31. Sept. 15,06 Sept. 23, 06 yes not fixed Stairway: leading to 2nd floor, light (ceiling) fixture hangs down, (see Photos) 2. Closet: no light fixtures in bedroom closets, Fam. Room closet ra large bedroom: no light fixtures, or electricity (see photos of this room) 4. ellar: Light fixtures don't work near exit way, after electrician worked on them on 7/9/07 while here with Landlord's father. 5. Exterior stairway: Deck stairs to back yard Front staircase walkway (steps to sidewalk/street). 32. July 9, 07 notice now yes not fixed Sufficient lighting must be provided in all parts of the house, including: 410.254 Stairways: 1. Basement exiting outside, 2. Deck stairs to back yard �- 3. Back yard at parking area and garages (to be able to see if any one is there when getting out of car late at night. Safe All winter . every storm Dec. '06 , yes never fixed All exits shall be safe, operable, and kept free of ice and snow. 410.452 (see email) I provided shoveling for our entire common front porch, staircase, walkway, sidewalk, for every snow and ice storm. Neither landlord or other tenants helped out, even once. /4Nov.06, Nov. 06 yes not fixed Fire extinguishers must be properly located as required by the local fire chief. (see email to LL) Located in storage area of basement. They look already used/outdated. ' ; 02 35. Sept.15,06 Sept 23,06 yes not fixed There must be locks on all operable exterior windows and entry doors. 410.480D, E a. There is no lock on interior unit door, leading to common basement. Locks were never changed when we moved into unit. C. D. E. F. A. B. Date Date I first 1 first Does Date Complete Description of Condition Sanitary Discovered notified Condition Fixed Code 7Con ' ion Landlord Still exist? Section . Didn't know as of now yes not fixed Buildings over 70 feet high must have an automatic sprinkler system (Building Cod G.L. c.148§26A 37. Sept.23,06 Sept.23,06 yes not fixed Landlords must maintain all pipes, oil- and gas-burning equipment, and electric -� equipment so it is free from leaks, obstructions, and other defects. 410.351 Leaking /broken/unused furnace in basement. Landlord told me it wasn't mine, so don't' worry �7 about it. Structural Maintenance: . Sept15,06 sept.23,06 yes not fixed The landlord must maintain the property"in good repair and in every way fit for the use intended." 410.500 Front staircase is dangerous due to old, deteriorated, broken steps. Landlord promised to repair, replace And paint, as condition of paying $1,895.00/month, but never did it. 3 . Sept.11, 06 Sept23, 06 yes not fixed Foundations must be weathertight, insectproof, and rodentproof. 410.500 Previous tenant showed me height of huge spring flood (2 Y2- 3 ft), and said LLord was going to repair. Landlord just told me to be careful and stack my things high off ground. . Sept.14, 06 sept. 23,06, yes, not fixed Floors must be free of holes, cracks, loose mortar, or other defects. 410.500 (LL pointed some out to me) see photos, large cracks in fam. Rm threshold, D.R. in between wood; Kitchen (at sliding door) D.R., also my bedroom (floor) , 41. Sept. 15,06 sept 23, 06 yes not fixed Interior walls must be free of holes, cracks, and loose plaster, and must be cleanable and weathertight. 410.500 All rooms, hallways, staircases: Holes, cracks, loose plaster, not easily cleanable, seems like Primer only 1"floor: windows esp.: very significant drafts at windows Itchen: signif draft due to unfinished sliding door construction (see photos) 2nd r: Extra large Bedroom: No insulation (floors, walls, ceilings). Because it's over kitchen, the cold air sinks down to first floor, making it average 50 degrees or lower during winter. (You can see your own breath). Landlord has consistently refused to finsish this room, or insulate it. C. D. E. F. A. BP Date Date 1 first 1 first Does Date Complete Description of Condition Sanitary Discovered notified Condition Fixed Code ;Condi ion Landlord Still exist? Section Sept 15, 06 Sept.23, 06, yes not fixed. Exterior walls must be free of holes, cracks, warping, loose or rotting boards, or other hazardous conditions. 410.500 Siding is moldy/mildew on deck. Landlord pointed this out himself/acknowledged it needs to be Z� cleaned, and deck needs to be cleaned also. 43. Sept 15, 06, sept 23, 06 yes t fixe Ceill gs must be free of holes, cracks, and loose plaster, and must be cleanable and eathertight. 410.500 Dau er's bedroom: 2 ft. + large hole with unhealthy insulation (asbestos?) hanging out of it. floor extras large bedroom: no insulation. 1St fir F.R. closet: large holes in ceiling. 44. sept 15,06 sept.23, yes not fixed Doors and windows must be weathertight. 410.501 None are weather tight. Worst are: 1St floor F.R. windows, kitchen windows, kitchen sliding door (never finished installing) 2nd fir: extra large bedroom: . sept. 15, setp 23 yes not fixed Roof must be free from holes and cracks, and must be weathertight. 410.500 2nd floor extra large bedroom: not insulated, therefore, moisture seeps in with rain, and temps plummet in cold weather. 46. Sept. 20, 06 9/23/06 yes not fixed Staircases must be stable with a handrail or bannister if the stairs rise 30" or higher. 510.500, 503 Railing to 3`d floor: Loose and hanging down. Gener Maintenance: . 9/14 & beyond, 9/18106e, not fixed Apartment must be kept weathertight and in good repair. 410.500, 501 See photos and otherwise mentioned in this report. Otherwise, in repair. 48. l no sign An absentee landlord must(unless a manager/agent lives in the building) keep a sign at least 20 square inches inside the building giving the name, address, and phone number of the landlord or r > his or her agent. 410.481 . May 7, 07, 5/10, 7 some work is being done. Landlords may not turn off or interfere with a tenant's water, hot water, heat, light, power, ---� gas, or telephone service, except as necessary for repairs (for which landlord may temporarily shut off utilities if you are given "reasonable notice." 410.620 C. D. E. F. A. B. Date Date I first I first Does Date Complete Description of Condition Sanitary Discovered notified Condition Fixed Code Con ition Landlord Still exist? Section /o. yes not fixed In buildings with three or more units, there must be one Federal Postal mailbox per apartment, -� and it must be kept locked and maintained in good repair. Fed. Postal Reqs. A(1)a, E (1, 2, 4) 51. Sept. 23,06, 9/23/06 yes not fixed Screens are required on all doors and windows that open to the outside. 410.551 �ssing 2"d floor laundry room window, / Doors: front and mud room. 52. ea. snow/ice storm yes not fixed Exterior stairways must be kept free of snow and ice. 410.452 1 have provided shoveling through out winter, for common front entry way porch, staircase, walkway to sidewalk. Landlord has not provided, and other tenants have never done it. The following appliances must be maintained so that they are free of leaks, obstructions, and other defects: Water-heating facilities, gas pipes, gas-burning equipment, oil-burning equipment, and water pipes. 410.542 Landlord-installed dishwashers, clothes washing machines, dryers, refrigerators, and garbage grinders. 410.351 Catch-basins, vents, and all other similar fixtures supplied by the landlord. 410.351 5 /9/14/06 9/23/06 yes not fixed. The landlord must maintain common areas in a clean and sanitary condition. 410.602(D) Front stair case: He promised to fix /--7"—t y-•Q_/ t �v — email. 4/07 yes not fix d Back yard by garages and parking area. Accumulated trash Y9/23/06 9/23/06 yes not fixed Lead Paint No lea may be inside ap rtments. 410.502 Ut�this ' d lead pain , not new. Make a diffien 7/a/a NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street • North Andover, MA 01845 Tel. 978 688-9540 • Fax: 978 688-9542 email: healthdept@townofnorthandover.com Complaint Investigation/Inspection Report OWNER ADDRESS DATE CJ -7f5-- A U I U / U at K-�/ I ' Q i I / I1 C1 � 7 S Rev.6/04 INSPECTOR _A(3 1p" vl go 5s(?Jj q C_ 73 DAVIS STREET 070.0-0029 Complaint Detail Repot Printed On:Mon Jul 02,2007 [Date omplaint#: CT-2007-000017 Status: Pending GIS#: 4347 Violator: JENKINS,CHRISTOPHER R. 140*,r, ddress: 73 DAVIS STREET Map: 070.0 Address: 126 Croton Lake Road �r .• '• °o; Recvd.: Mar-12-2007 Time Recvd.: 01:51 PM Block: 0029 Katonah,NY 10536 O a - -- -- - !Category: ,Housing Lot: Type: Residential GeoTMS Module: Board of Health District: Trade: -- - �.�'-.,..e••"'tom Recorded By: 1Pamela DelleChiaie Zoning: Structure: -- - - - - - -- Description Complaint: Michele Grant received a call from a Christopher Jenkins, 126 Croton Lake Road,Katonah,NY 10536,landlord for 73-75 Davis Street. Home:914.301.5539; Wife's Cell:914.275.8649. They have a tenant,Patricia Warringer at the Davis Street property who is often late with her payments. There is no lease. She is,however,up todate for the time being. The homeowner received an e-mail apologizing for pament being latre,but her ex-husband is out of the country,and she fell on the ice walking outside;but states that she will not sue. Mr.Jenkins will forward the e-mail to Ms.Grant for the records file. Comments: Callers Date Time Name Phone Best Time To Reach Recorded By Response Mar-12-2007 1.51 PM Christopher Jenkins (914)301-5539 O Pamela DelleChiaie Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL Jun-27-2007 9:06 AM Consult with Plumbing Patricia Warringer called the Building Dept. Inspector to lodge a complaint re:plumbing. Building Dept.setup an appt.to go to the property, Monday,July 2nd at 10:00 a.m.to observe any incorrectly done plumbing.--p.d. Jun-26-2007 9:04 AM Follow-Up by Health Spoke with Patricia. She claims that she is Inspector paying for the other tenants hot water and the landlord confirmed that by way of e-mail. She is going to bring down the infor. Her lease is up on the 30th of June. She also was served in May with an eviction notice. May-15-2007 9:02 AM Follow-Up by Health Spoke to Chris Jenkins this morning. He is Inspector serving Patricia Warringer by the end of the week via an attorney. GeoTMSO 2007 Des Lauriers Municipal Solutions, Inc. Page 1 of 1 Town of North Andover—Health Department COMPLAINT FORM GEOTMS system is down for complaint entries. This is the alternative system when that is down. DATE. Tuesday, June 26, 2007 Time of Report: 11:10 a.m. Report taken by: Pamela DelleChiaie Copy of Report: File; Michele E. Grant, Health Inspector TYPE OF COMPLAINT: Housing Issues COMPLAINTANT NAME: Patricia Warringer ADDRESS: 73-75 Davis Street(3 family per complaintant) PHONE: 978.975.7727—Home; 978.314.6364 COMPLAINT AGAINST: Christopher Jenkins ADDRESS OF COMPLAINT: See file PHONE: See file COMPLAINT: Caller is a tenant at 75 Davis Street. Claims that the pipes from her unit for the water heater and furnace are going through to another apartment, and she is getting charged for the heat/water usage. Please investigate to document any violations. Note: See previous notes from March and May of this year in file regarding this property. ACTION: Closed: 553/ C�, _ Vc-- . 72 cS 0 NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street • North Andover, MA 01845 Tel. 978 688-9540 • Fax: 978 688-9542 email: healthdept@townofnorthandover.com Complaint Investigation/Inspection Report r— I OWNER � �`� S �I �.., /�%� S a,V i s ADDRESS DATE b77 -� 54 41- ... oc - 41 w ✓� yS Ly P--A] Ib i/i✓ Y— " Rev.6/04 IN CTOR 14ORTH 6'6 OO 160 C" �9SSACHUS PUBLIC HEALTH DEPARTMENT Community Development Division {Q'Yj l August 21,2007 Patricia Warringer 73 Davis Street North Andover, MA 01845 Order Letter Dear Ms. Warringer, This communication is in regards to your rental unit at 73 Davis Street,North Andover, MA. On August 15, 2007 an Order Letter was sent to the owner of the property, Christopher Jenkins, regarding violations to the Housing Code. This letter set deadline dates for completion of the corrections as detailed. I personally also made a verbal request on Tuesday August 14, 2007 that the issue of the tub drain be a priority as you claimed to be baling out the water each time your family took a shower. Mr. Jenkins addressed my concern immediately and contacted a plumber who then contacted you. I have since been informed that you told the plumber that it was not an immediate concern and could wait until Friday or the next week if necessary. Secondly,Mr. Jenkins has hired a contractor to effect repairs. An appointment was made for today, Tuesday August 21, 2007. Mr. Jenkins has informed me that late Monday afternoon you notified him via email that you had a conflict and would have to reschedule. The Health Department advised you at the close of the inspection on August 14'h of the requirement of a renter to allow access for repairs. 105 CMR 410.810, "Every occupant of a dwelling, dwelling unit, or rooming unit shall give the owner thereof; or his agent or employees, upon reasonable notice, reasonable access, if possible by appointment, to the dwelling, dwelling unit, or rooming unit for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of 105 CMR 410.000". Your failure to provide access to effect repairs is a violation of the State Sanitary Code. There have been at least 2 instances that you have interfered in the Health Department's efforts to address items in need of repair. This is an official Order Letter. You are hereby ordered to comply with the State Code regarding providing access to the owner by August 24, 2007. Failure to do so will result in a complaint filed against you in the Housing Court. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven(7) days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses 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. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Thank y / u Sawyer, REHS/RS Public Health Director Cc: Gary Rothberger,Esq,Wessler and Wasserman, Attorneys at Law Christopher Jenkins, Property Owner 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street • North Andover, MA 01845 Tel. 978 688-9540 • Fax: 978 688-9542 email: healthdept@townofnorthandover.com Complaint Investigation/Inspection Report R�� Fy���rr OWNLR � �; � �1 L.. I�,,.. si ADDRESS DATE —41 Ll Zv 7 L & Ls=,LL c,�.-1 I - Pl d aLatl r.t c D vr---� ivtam -%2 4 e 1 A T A a c�. �v 0' 10jd T T-g [ yr� ✓ b -L ✓d I- -r �r�r / e-k M D e �Li"Y a Rev.6/04 JN&ECTO NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street • North Andover, MA 01845 Tel. 978 688-9540 • Fax: 978 688-9542 email: healthdept@townofnorthandover.com Complaint Investigation/Inspection Report ✓ii .may OWNER_ U�.- s 7�-- P�-"s ADDRESS 12. L C,--rat, Lac, L) --2-v:s S L,ar -S4-mr�L-a r A -[-, e-A ro c>w. /Urte-- 14 o.. L"I t' -1 D a..0 �L pr �. L>> et— - G�a n -f" TIMI^�J�-c r' c--.ti.�✓ ��/'i�o cn-. - `t"u� Y1 t'h"'�"" � ra.?v�i ....a ? rZ7 c� e_►.rP� { G clyL Lt i wA _ P �,n; ✓ 4—: LL4 l C>7 Rev.6/04 INSPECTOR NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street • North Andover, MA 01845 Tel. 978 688-9540 • Fax: 978 688-9542 email: healthdept@townofnorthandover.com Complaint Investigation/Inspection Report OW N EY s L1 f i, uv�- `� ct - ✓i C- z W a-r-,^C- .,..:3 t'^ ADDRESS I Z L G✓v �cs+-� `-a (�-� , i .L. DaY't-5 � - DATE `n 7 14 ro -- - / E !n a 1 �— eT- �� ffy,6-1 r Rev.6104 INSPECTO NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street • North Andover, MA 01845 Tel. 978 688-9540 • Fax: 978 688-9542 email: healthdept@townofnorthandover.com Complaint Investigation/Inspection Report OWNER 14A j ADDRESS DATE C.A - ��j v I ,(� 1 / I v / ( ` ±Jln*r--Llf J1 A Lc- a � 4n A I7u te il ,A Wid adld k--1V'41T1 1 (4-1t �. & 1Y U i Rev.6/04 INSPECTOR Town of North Andover Office of the Health Department Community Development and Services Division 1600 Osgood Street North Andover,Massachusetts 01845 Michele E. Grant (978) 688-9540-Phone Public Health Inspector (978) 688-9542-Fax NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code, Chapter II,Minimum Standards of Fitness for Human Habitation,105 CMR 410.000. Date: July 3,2007 To Owner of Record: Property Location: Christopher Jenkins 75 Davis Street 126 Croton Lake Road North Andover, MA. Katonah NY. 01845 10536 Dear Mr. Jenkins, An authorized inspection was made of your property at the above referenced address by North Andover Health Depa-ttment personnel on July 2, 2007. 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 these violations within the time allotted on the enclosed form. Failure to comply within the specified time period may result in further action by the North Andover Board of Health. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within five (5) days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses 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. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the Mmatoe heard. 244 a� Mic ele E. Grant Z Public Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 4. . Re:Property: 75 Davis Street From:North Andover Board of Health Date:July 3,2007 ORDER LETTER An authorized inspection of_75 Davis Street, North Andover, MA.was performed by Board of Health staff on July 2,2007 at which violations of 105 CMR 410.000 Chapter II of the State Sanitary Code, Minimum Standards of Fitness for Human Habitation were found. Failure to respond within the allotted time period may result in a Board of Health finding that the dwelling is unfit for human habitation. All violations must be corrected within seven(7) days of receipt of this Order Letter or a plan for completion must be approved by this office if a professional contractor must be hired to do the work. Violation Regulatory Re-Inspection Reference HEALTH CODE: CMR: APPENDIX A VIOLATION: Observed cross connection of Hot Water Pipes from one 410.354-C 7 Days upon receipt of this apartment to the other. Order Letter The owner shall hire a Licensed Electrician and a Licensed Plumber to evaluate any and all cross connections relating to Electricity and Plumbing at the above address. The Hirees shall then report to respective department and deliver in writing their findings. "If the owner is not required to pay for the electricity or gas used in a dwelling unit, then the owner shall install and maintain wiring and piping so that any such electricity or gas used in the dwelling unit is metered through meters which serve only such dwelling unit, except as allowed by" 105 CMR 410:254(B). NORTH ANDOVER HEALTH DEPARTMENT 27 Charles Street • North Andover, MA 01845 Tel. 978 688-9540 • Fax: 978 688-9542 email: healthdept@townofnorthandover.com Complaint Investigation/Inspection Report OWNER ADDRESS UA xA DATE U Wl 10 1-- - X / SI/U6 � - Rev.6/04 INSPECTOR / �I Town of North Andover OF NORTH Office of the Health Department �r ,�- .o Community Development and Services Division 400 Osgood Street gq4r North Andover,Massachusetts 01845 "SSCHus�t Michele E. Grant Public Health.Inspector 978.688.9540-Phone 978.688.9542-Fax E-Mail:healthdept@townofnorthandover.com Website:http://www.townofnorthandover.com Letter Of Compliance DATE: July 13,2007 TO OWNER OF RECORD PROPERTY LOCATION Christopher Jenkins 75 Davis Street 126 Croton Lake Road North Andover,MA. 01845 Katonah,New York,10536 A Health Department ORDER LETTER dated July 3,2007 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 by a Licensed Plumber and a Licensed Electrician has found that all violations noted on the Order Letter have been either corrected or did not exist. The Health Department would like to thank you for your cooperation. A copy of this notice of compliance is being sent to the complainant. If there are any questions over this correspondence by either party,you must contract the Health Department in writing with your concerns within seven(7) days of receipt of this letter. Sincerely, L ._ Michele E.Grant Public Health Inspector Xc: File Cc: Patricia Warringer BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 S Mr. Michael E.Grant 9 July 2007 Public Heath Inspector Town of North Andover 1600 Osgood Street North Andover MA,01845 RE:75 Davis Street,North Andover MA 01845—electrical separation of services Dear Mr. Grant On the 9h of July 2007 at the request of Mr. Chris Jenkins we inspected the property at 75 Davis Street and found that all of the electrical wiring to each of the(3)tenant spaces and house panel were separate and correctly metered. The following tests were performed. 1. Power was turned off to all of the tenant spaces and each apartment unit was verified to ensure that the all electrical services were not commingled and metered correctly. 2. All appliances,outlets and lights from the 75 Davis street electrical service are fed only by the 75 Davis street electrical meter and the electrical services used in the dwelling unit are metered through meters which serve only the dwelling unit. 3. Power for the washer, dryer and exterior common area lighting were verified to ensure that the wiring originated and was metered by the house panel. My Massachusetts Master Electricians License number is 938MR Please call me should you have any further questions. fam cerk . Weissflo resid 55 Lake Street KW Management, Inc. Box # 4 NAsuuA, NE 03060 (6603)M-8181 office (603) 5"-5188 Faix 11r.Plumber,Inc. • 9 Washington Sheet Pelham,NH 03076 (603)635-3636 Mr.Plumber,Inc. RECEIVED July 6,2007 JUL 0 9 2007 Town of North Andover TOWN OF NORTH ANDOVER Office Of The Health Department HEALTH DEPARTMENT Community Development and Service Division 1600 Osgood Street North Andover,Massachusetts 01845 Dear Sir or Madam: Please accept this notice that the cross connection at 73/75 Davis St.has been corrected and no other exist Removal of piping and capping same,also removal of valve handle was completed by my company on`July 6,`2007 under plumbing permit#7430. Stncerely, GuiMessineo President Mr.Plumber Inc. : . . . . . . . . . . . . . . . Mr.Plumber,Tnc. µORTH Of tteo 16�ti0 6 OL O }_O 9c"wc -V 7A�AwTEo PPS` •�� 9SSACHU`-'�� PUBLIC HEALTH DEPARTMENT Community Development Division August 21,2007 Patricia Warringer 73 Davis Street North Andover, MA 01845 Order Letter Dear Ms. Warringer, This communication is in regards to your rental unit at 73 Davis Street,North Andover, MA. On August 15, 2007 an Order Letter was sent to the owner of the property, Christopher Jenkins, regarding violations to the Housing Code. This letter set deadline dates for completion of the corrections as detailed. I personally also made a verbal request on Tuesday August 14, 2007 that the issue of the tub drain be a priority as you claimed to be baling out the water each time your family took a shower. Mr. Jenkins addressed my concern immediately and contacted a plumber who then contacted you. I have since been informed that you told the plumber that it was not an immediate concern and could wait until Friday or the next week if necessary. Secondly,Mr. Jenkins has hired a contractor to effect repairs. An appointment was made for today, Tuesday August 21, 2007. Mr. Jenkins has informed me that late Monday afternoon you notified him via email that you had a conflict and would have to reschedule. The Health Department advised you at the close of the inspection on August 14"of the requirement of a renter to allow access for repairs. 105 CMR 410.810, "Every occupant of a dwelling, dwelling unit, or rooming unit shall give the owner thereof; or his agent or employees, upon reasonable notice, reasonable access, if possible by appointment, to the dwelling, dwelling unit, or rooming unit for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of 105 CMR 410.000". Your failure to provide access to effect repairs is a violation of the State Sanitary Code. There have been at least 2 instances that you have interfered in the Health Department's efforts to address items in need of repair. This is an official Order Letter. You are hereby ordered to comply with the State Code regarding providing access to the owner by August 24, 2007. Failure to do so will result in a complaint filed against you in the Housing Court. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com I Mr.Plumber,Inc. • 9 Washington Street Pelham,NH 03076 • (603)635-3636 Mr.Plumber,Inc. RECEIVED July 6,2007 JUL 0 9 2007 Town of North Andover TOWN OF NORTH ANDOVER Office Of The Health Department HEALTH DEPARTMENT Community Development and Service Division 1600 Osgood Street North Andover,Massachusetts 01845 Dear Sir or Madam: Please accept this notice that the cross connection at 73/75 Davis St.has been corrected and no other exist. Removal of piping and capping same,also removal of valve handle was completed by my company on July 6,2007 under plumbing permit#7430. Sincerely, Gus Messineo President Mr.Plumber Inc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . Mr.Plumber,Inc. Y-/ i'aAj,,j)elp (.3 3t*ant Health Inspector North Api(iover Health Depadii"nent cl-larles Si. AndOve-F, MA 01845 Deaf, l"r�s. grant: I received a copy Of your Iettef Of to illy Landlord, in I,ed wit, 00 7, although 11 (N letter r O�,(jef-letter - k corr-p I er 0, july Z, 2 1 10 wol�k was d0i'le, Who did the work, who in5pecte'l-11 it, licensed (?), t I, - I - In stated -x f haPS, ff, Node Violations exiS 0-1,forniafi011 You evei ted that I: NAjere pf-ovided St -e boa.,(J. of Health at Osgood to: ?0. 2007 i went doi.Ar tc) it, are required by law to be (:Iocumented and filed by a Licensed 1 Pick up a copy of the reports t�-Ial n evaluation of "dray and all CrOss ' d nys"following a Plumbef and ElecWcWi. "Iffi" i c to rPrfnc;fy alld Piull�rbing' at1 7 5) Davis 'z--)t. The. Er-(--;port should locilde ali worn; evaluated arid perforryied, related to crcjss metering and/or erose N,Oring. regardless (A when it\A/as done 2 Feschedule the appointment for a full house r)sp(-cflon, originally set up for July 9. 2007, but which I i-,acj io cancel due 10 a fiuneyal for a death in the family. \qas informed that there was no written i-eport on file, and no written report subii,iitted by the Plumber who I ( 1- took out tile per-nitwas, as is required by law, I as PrOVideC a 'QpN/ of the Pen-nit La ken out by a licensed plurylber. -3ed Hlect ficia -jic.j-� was also a requirerfient of the Order Letter. -T here,was no permit or report.frOM -3nY Licen., . E. wl my Go,-,(..- 1d inclu(je in the Order lettei, violation for I pfeViOUSly -,�XPMSSed ef,jj rof your refusal to docui en , an .11)g for the outside lighting, and any ot he-r possible cross wiring that needed to be taken care of. As y()U recall on Monday. July 2, 2007; the day that you afcornpanied the Electrical and Plumbing Inspector to the appointment ti,latl scheduled iviyseif, (indeper-iderit of yourself arid. the unwarranted requests made of me), although you were instructed by the inspector that was there, to list a violation for lighting cross wiring, you refused to do so I was told by both you and Sue Sawyer that the additional co(je violation would riot be included because "the letter is almost finished, and it-will be mailed today - (July 2"") , which is not a valid reason. It also wasn't the ated an�1 mailed the next day anyway, July 3, 2007- truth either, since the Order Letter was actually darted i aril concerned th,,.,,[,the request that I have made to the North Andover Board of Health, with genuine and valid concern, has been treated and ha,,ndled with bias and (?ijtside of the legal requirements to which the Board of Health is obligated to adhere, to. I was hoping to avoid the le(-,a' ex[.)ensc,of secuing ql-. atiorney to help me, but the unprofessional manner with g which thr�; is being handled, the) invalid re(juests that you made oti-vie, refusal to act in accordance with the iegal guidelines, have forced rvie, to seek.out and hire an F,1torney 1.0 handle this case, which I may very well be passir kg the costs of, on to your department. I a-,n ►-equesting to set up an appointment for the rest of the sincereh"'. V--)al. b-i0a Warringer, 15 ,3t. 97,-9(31 - �� �� � �r,�-r��c4�� ����� �� �� � �� �� ����� ��� ��c�. �. .. July 123 11001 N1.s G,,ant j jealth 1r1s[)eC;t0r North Andover Health Departi-nent f j, Gliarles SL Ando\Mr, KAA C13, 45 ear, NAs. Grant: to MY 'Landlord; in which you informed him that Ile has fully i fer;ejjed a 4,opy ()f your iettef of COV"i"plOr" [110 _,,ro�fides no informatior) about what, if any , I- (;orr"plied With th-e ()r-Cjer letter of jLjjy -,. 1100{, although lett -tinent per;ted it. lir ;et-j5P_(j (?), the date it.was. done, and other pei wo the w e dome, %ivh(,) did work, who ins psi r-,() �ao(je violations existed to begin with. No conclusive results, r�jatjojj You ever) stated that pc infor , were provided '_'Ir. Friday, 'juk, 70, 2007 1 weilt Ejoar(j of Health al, 16QC,' Osgood Pick Uf) a copy of the Fepov-ts that:are required by la%N jo t)e k-locut �nsed mented and fied by a Lik, Plumber and Electrician, "ififiths 311 ct ttheir fit idipp�� f(7ajjowing an evaluation of "alny and all cross '7�) Davis St. connections tel�iqt*ng to Efectnc;fy and Plun-ibiou"at i m �i The report should inclurle aR work. evaluated andperforaied, related to cross metering and/or cross wiring, regardless of wheri it was done 2 ReschedUlethe appointment for a full house inspection, originally set up for July 9, 2007, but which tiaci io Gancel We to a funeral for a death in the family. I Nqas informed that there vlas no written report on file, and no written report submitted by the Plumber who tc),,)k out ille pe,,rnit., ais required by law. I was provides] a copy of the Permit taken out by a licensed PIUMID(M. j7cre was; -ylit or report from, any Licensed Electrician, 'Which was also a 1"eqUireMent of the Order Letter. j10 pev, t - I previously expressed my Gonr-evil for Your refusal to document., and include in the Order letter, violation for sil le cross wiring that needed to be taken care of. 'ross a,vij-ipq for the outside lighting, and any other Pos 1.) As YOU recall on Fvlon(iay, July 2, 20077 the day that you acc.orripanied the Hectrical and Plumbing Inspector to the appointment that I scheduled ii-iyself, (iridependent of yourself and the unwarranted requests made of me), although you were instructed. by the inspector that was there, to list a violation for lighting cross wiring, you refused to do so, i ,wa,s toil by both you and Sue Salotyer that the additional coc.le violation would not be included because "the y (j1,jjy 2"") , which is riot a valid reason, It also wasn't the _tqw is almost finished, ar*jcj it meill be i ailk toda -iaiied the next *ay anyway, July ?), 2007. o.rutt-i eithjc�j, soce the Order Letter was actually oatPd arld n a 1 ,jr-ri concerned that the request that I have made to the North Andover Board of Health, with genuine and valid concern, has been treated and handled with bias and outside of the legal 17eqUilefflents to which the board of I leaKh is obligated to adhere to. I was hoping to avoid the legai e xpensc of secodrig are attorney to help me, but the unprofessional manner wit!-,. which this is being handled. the invalid requests that you made of rrie, refusal to act in accordance with the iegal guidelines, have torsed me to 'seek out aild hire an afforney to handle this case, which I may very well be 0assi;kg the costs "A' on to your do .Par:finent. I am vequc','sting to sfz:!t up an appointment for the rest of the S i n c15 [Davi;.;erely. E } Inc. RECEIVED Mr. Michael E. Grant JUL 13 2007 9 July 2007 Public Heath Inspector TOWN OF NORTH ANDOVER Town of North Andover HEALTH DEPARTMENT 1600 Osgood Street North Andover MA, 01845 RE: 75 Davis Street, North Andover MA 01845 —electrical separation of services Dear Mr. Grant On the 91h of July 2007 at the request of Mr. Chris Jenkins we inspected the property at 75 Davis Street and found that all of the electrical wiring to each of the(3) tenant spaces and house panel were separate and correctly metered. The following tests were performed. 1. Power was turned off to all of the tenant spaces and each apartment unit was verified to ensure that the all electrical services were not commingled and metered correctly. 2. All appliances, outlets and lights from the 75 Davis street electrical service are fed only by the 75 Davis street electrical meter and the electrical services used in the dwelling unit are metered through meters which serve only the dwelling unit. 3. Power for the washer, Dryer and exterior common area lighting were verified to ensure that the wiring originated and was metered by the house panel. My Massachusetts Master Electricians License number is 938MR Please call me should you have any further questions. incer ark . Weissfloresid l�m 55 Lake Street KW Management, Inc. Box # 4 NASHUA, NH 03060 (603)598—0181 Office (603) 598—5188 Fax 55 Lake � �pNA�EMENT Nashua St ' i NH 03060 � V'9s�sr,� Recycle . " s °- �---� 9j 77 :"«: L. 73 DAMS STREET 070.0-0029 Complaint Detail Repot Printed On:Tue May 15,2007 Complaint#: ICT-2007-000017 1Status: iPending GIS#: 14347 hViolator: JENKINS,CHRISTOPHER R. 3 DAVIS STREET Map: 070.0 Address: 126 Croton Lake Road - ' - -- -- - - - - --fi -- --- --- --- ----- ----- . ar-12-2007 Time Recvd.: 01:51 PM Block: 0029 Katonah,NY NY 105353 6 ousing ILot: Type: Residential - yard of Health District: Trade: tmelaDelleChiaie Zoning: Structure: int received a call from a Christopher Jenkins,126 Croton Lake Road,Katonah,NY 10536,landlord for 73-75 Davis Street. Home:914.301.5539; 914.275.8649. 'tenant,Patricia Warringer at the Davis Street property who is often late with her payments. There is no lease. She is,however,up todate for the time t /b Homeowner received an e-mail apologizing for pament being latre,but her ex-husband is out of the country,and she fell on the ice walking outside;but ie will not sue. l will forward the e-mail to Ms.Grant for the records file. t Date Time Name Phone Best Time To Reach Recorded By Response Mar-12-2007 1:51 PM Christopher Jenkins (914)301-5539 Q Pamela DelleChiaie Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL v� YUP :.� g4!) C�S �`� �'l S J (p . Q2,QQ V4,c_.�_ so GeoTMS®2007 Des Lauriers Municipal Soluti ns Inc. 1� �S p Pa GY1 l�10�''7 � Page 1 of 1 =-s em- ` � �� R�����'� �� ' `-I� 73 DAVIS STREET 070.0-0029 4 Complaint Detail Report Printed On:Tue May 15,2007 Complaint#: QCT-2007-000017 Status: Pending GIS#: 4347 Violator: JENKINS,CHRISTOPHER R. ' NORT1y 1 Address: 173 DAVIS STREET Map: 1070.0 Address: 1126 Croton Lake Road :c Date Recvd.: Mar-12-2007 c: « o� Time Revd. :51 36 PM Block: 0029 katonah,NY 105 - - ----1-01 --- - - - - -- - - - - -- - % !Category: Housing ILot: Type: Residential - - — - -- -- --- -- - - - - - — -- ----- — - -- - GeoTMS Module- Board of Health 1District: Trade: ��ti••...••''tom Recorded By: Pamela DelleChiaie Zoning: Structure: sSA mu9t -- - - —- - Description Complaint- (Michele Grant received a call from a Christopher Jenkins,126 Croton Lake Road,Katonah,NY 10536,landlord for 73-75 Davis Street. Home:914.301.5539; - — Cell:914.275.8649. They have a tenant,Patricia Warringer at the Davis Street property who is often late with her payments. There is no lease. She is,however,up todate for the time being. The homeowner received an e-mail apologizing for pament being latre,but her ex-husband is out of the country,and she fell on the ice walking outside;but states that she will not sue. Mr.Jenkins will forward the e-mail to Ms.Grant for the records file. --p.d. Comments: Callers Date Time Name Phone Best Time To Reach Recorded By Response Mar-12-2007 1:51 PM Christopher Jenkins (914)301-5539() Pamela DelleChiaie Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL L�2 okt-l's J -//v 1�yl - s - - sin . GeoTMS®2007 Des Lauriers Municipal Soluti ns, Inc. ' p Page 1 of l 73 DAVIS STREET 070.0-0029 Complaint Detail Repot " Printed On:Mon Mar 12,2007 Complaint#: CT-2007-000017 Status: Pending GIS#: 4347 Violator: JENKINS,CHRISTOPHER R. NORT" Address: 73 DAVIS STREET Map: 070.0 Address: 126 Croton Lake Road 3+ .• °oma Date Recvd.: Mar-12-2007 Time Recvd.: 01:51 PM Block: 0029 Katonah,NY 10536 ° Category: Housing Lot: Type: Residential 4! ++� GeoTMS Module: Board of Health District: Trade: ��~••..o••''� Recorded By: Pamela DelleChiaie Zoning: Structure: 3S�ICHUStS -- - - _ �—Dion A;c1riP nt: Michele Grant received a call from a Christopher Jenkins,126 Croton Lake Road,Katonah,NY 10536,landlord for 73-75 Davis Street. Home:914.301.5539; Wife's Cell:914.275.8649. They have a tenant,Patricia Warringer at the Davis Street property who is often late with her payments. There is no lease. She is,however,up todate for the time being. The homeowner received an e-mail apologizing for pyament being latre,but her ex-husband is out of the country,and she fell on the ice walking outside;but states that she will not sue. Mr.Jenkins will forward the e-mail to Ms.Grant for the records file. Comments: Callers Date Time Name Phone Best Time To Reach Recorded By Response Mar-12-2007 1:51 PM Christopher Jenkins (914)301-5539() Pamela DelleChiaie Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL GeoTMS®2007 Des Lauriers Municipal Solutions, Inc. Page 1 of 1