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HomeMy WebLinkAboutMiscellaneous - 13 MAIN STREET 4/30/2018 _ 13 MAIN STREET 210/028.0-0010-0000.0 r s � � � -` North Andover Board of Assessors Public Access Page 1 of 1 l V . NORTH North Andover Board of Assessors i • + 'ss^CHU roperty Record Card Click Seal To Return Parcel ID :210/028.0-0010-0000.0 FY:2010 Community:North Andov r SKETCH PHOTO Click on Sketch to Enlarge Click on Photo to Enlar r- Search for Parcels 0 Search for Sales t 'i v I Summary , Residence Detached Structure Condo 451 ANDOVER STREET Commercial Location: 1317 MAIN STREET Owner Name: FINEGOLD,BARRY R.TRUSTEE DF DALTON,WILLIAM J.TRUSTEE DF REALIT Owner Address: 38 ESSEX STREET City: ANDOVER State: MA Zip: 01810 Neighborhood:35-5 Land Area: 0.08 acres Use Code: 013-MULTIUSE-RES Total Finished Area: 6697 s ft ASSESSMENTS CURRENT YEAR PREVIOUS YEAR Total Value: 543,900 541,100 Building Value: 435,600 426,000 Land Value: 108,300 115,100 Market and Value: 108,300 Chapter Land Value: LATEST SALE Sale Price: 655,000 Sale Date: 01/13/2003 Arms Length Sale Code: Y-YES-VALID Grantor: CARROLL INDUSTRIES Cert Doc: DOC 75260 Book: 00107 Page: 0161 http://csc-ma.us/PROPAPP/display.do?linkId=1512433&town=NandoverPubAcc 8/30/20101 Commercial Property Record Card PARCEL_ID:210/028.0-0010-0000.0 MAP:028.0 BLOCK:0010 LOT:0000.0 PARCEL ADDRESSA317 MAIN STREET FY:2010 L PARCEL INFORMATION Use-Code: 013 Sale Price: 655,000 Book: 00107 Road Type: T Inspect Date: 10/31/2006 Tax Class: T Sale Date: 01/13/03 Page: 0161 Rd Condition: P Meas Date: 10/31/2006 �- Owner: Tot Fin Area: 6697 Sale Type: P Cert/Doc: DOC 75260 Traffic: M Entrance: C FINEGOLD, BARRY R.TRUSTEE DF Tot Land Area: 0.08 Sale Valid: Y Water: Collect Id: RRC ' DALTON,WILLIAM J.TRUSTEE DF REALIT Grantor: CARROLL INDUSTRIES Sewer: Inspect Reas: R Address: 38 ESSEX STREET Exempt-B/L% / Resid-B/L% 50/50 Comm-B/L59/50 Indust-B/L% / Open Sp-B/L% / ANDOVER MA 01810 COMMERCIAL SECTIONS/GROUPS LAND INFORMATION Section: ID: 101 Use-Code:013 NBHD CODE: 35 NBHD CLASS: 5 ZONE: GB Category Gmd-Fl-Area Story Height Bldg-Class Yr-Built Eff-Yr-Built Cost Bldg Seg Type Code Method Sq-Ft Acres Influ-YIN Value Class 1 2257 3.0 D 1900 1981 480,700 1 P 013 S 3594 0.080 108,251 Groups: VALUATION INFORMATION Id Cd B-FL-A Firs Unt Current Total: 543,900 Bldg: 435,600 Land: 108,300 MktLnd: 108,300 1 013 564 1 0 Prior Total: 541,100 Bldg: 426,000 Land: 115,100 MktLnd: 1159100 2 013 2220 1 2 3 013 1693 1 1 4 013 2220 1 2 SKETCH PHOTO FPFPF- t 4 i DK WDK 6 60sq.lp �4 a - . ~ly, 28 28 M2 S V 30 ss m-- ; 3SFR/B 2169 Sq.R 2 ND 3RDP2 1 •. �3- - �d :", R 451 ANDOVER STREET �D 14 Sq.Ft 14 Sq.Ft Parcel ID:210/028.0-0010-0000.0 as of 8/30/10 Page 1 of 1 i PRINTED BY: Pamela DelleChiaie - PLEASE LEAVE IN PRINT-OUT TRAY.......THANK YOU. DelleChiaie, Pamela From: Mike McMullen [mm@PremierPropertyMa.com] Sent: Monday, January 03, 2011 10:53 AM To: Sawyer, Susan Cc: DelleChiaie, Pamela; Kerri Burke Subject: RE: 13 Main Street Hi Susan, Thank you, I will have my worker Jay meet you there. As for the trash the salon is having that removed and should begone one in the next couple da g p y As for Kristi's complaints about the snow removal they are unfounded as the parking lot and all entrances are done.She would like a path through the backyard done to make it easier for her to get to her car and we are not paying to have the backyard shoveled. Mike Michael McMullen, Director of Maintenance Premier Property Solutions, LLC. 311 Summer Street,Suite 200 Boston, Massachusetts 02210 (P)617-345-0045 ext. 123 (F) 617-345-0411 acting in capacity as managing agent www.premierpropertyma.com Think green Please consider the environment before printing this e-mail ------------------------------------------------------------------------------------ This e-mail message (including attachments, if any) is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, proprietary, confidential and exempt from disclosure. If you I IOF8 DelleChiaie,Pamela PRINTED BY:Pamela DelleChiaie- PLEASE LEAVE IN PRINT-OUT TRAY.......THANK YOU. are not the intended recipient,you are notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify the sender and erase this e-mail message immediately. From: Sawyer, Susan [mailto:ssawyer@townofnorthandover.com] Sent: Monday, January 03, 201110:42 AM To: Mike McMullen Cc: DelleChiaie, Pamela Subject: RE: 13 Main Street Mike due to my vacation and time issues, my appointment at 13 Main street had to be set for Monday, 1/10/11 at 1:30 PM. Please note that Kristy indicated that there may be issues with excessive debris in the back yard and the execution of the recent snow clean up. We can check out the back yard and discuss who is responsible for what portion of snow shoveling etc. when we meet. Please let me know the name of the person who will be accompanying me from your office. Thank you Susan From: Mike McMullen [mailto:mm@PremierPropertyMa.com] Sent: Monday, January 03, 2011 10:24 AM To: Sawyer, Susan Subject: RE: 13 Main Street Hi Susan, When can we do the re inspection, I would like to have someone there to walk through with the inspector. Mike Michael McMullen,,Director of Maintenance Premier Property Solutions, LLC. 2 2OF8 DelleChiaie,Pamela PRINTED BY: Pamela DelleChiaie-PLEASE LEAVE IN PRINT-OUT TRAY.......THANK YOU. 311 Summer Street, Suite 200 Boston, Massachusetts 02210 (P) 617-345-0045 ext. 123 (F) 617-345-0411 acting in capacity as managing agent www.premierprovertyma.com Think green Please consider the environment before printing this e-mail ------------------------------------------------------------------------------------ This e-mail message (including attachments, if any) is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged,proprietary, confidential and exempt from disclosure. If you are not the intended recipient, you are notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error,please notify the sender and erase this e-mail message immediately. From: Sawyer, Susan [mailto:ssawyer@townofnorthandover.com] Sent: Wednesday, December 29, 2010 3:09 PM To: Mike McMullen Subject: RE: 13 Main Street Hello Mike, Good question. I have cut out a couple of the code requirements to answer your question and also provided you with the link to the state code for rental housing. This code is not new, however the Health Dept has apparently never been involved with this property before so it was not identified as a problem until now. The responsibilities of the landlord and the tenant are in this document and it is what we use to do our inspections. It may put you to sleep, but it has a lot of good information. Door locks are a good safety measure as well. I certainly would like to know who comes and knocks at my door. FYI in case you have other properties like this, if this were a 3 family common door, it would have to be self locking and self closing. 3 3OF8 DelleChiaie,Pamela i PRINTED BY:Pamela DelleChiaie-PLEASE LEAVE IN PRINT-OUT TRAY.......THANK YOU. hq://www.mass.gov/Eeohhs2/docs/dph/regs/1 05cmr410.pddf Entry Door of a Dwelling-means any door of a dwelling which provides access to the common areas of the dwelling from the exterior of the dwelling except that when there are two doors which enclose an entryway between the common areas of the dwelling and the exterior of the dwelling it shall mean either of the doors. Entry Door of a Dwelling Unit means any door of a dwelling unit which provides access to the common areas of the dwelling or access to the outside of the dwelling. 410.480: Locks The owner shall provide, install and maintain locks so that: (A) Every dwelling unit shall be capable of being secured against unlawful entry. (B) Every door of a dwelling unit shall be capable of being secured from unlawful entry. (C) The main entry door of a dwelling containing more than three dwelling units shall be so designed or equipped so as to close and lock automatically with a lock, including a lock with an electrically-operated striker mechanism, a self-closing door and associated equipment. Every door of the main common entryway and every exterior door into said dwelling, other than the door of such main common entryway which is equipped as provided in the preceding sentence shall be equipped with an operating lock. (M.G.L. c. 143, § 3R.) (D) Every entry door of a dwelling unit or rooming unit shall be capable of being secured from unlawful entry. (E) Every openable exterior window shall be capable of being secured. (F) Locking devices shall comply with the requirements of 780 CMR 10 17.4.1 to avoid entrapment in the building. From: Mike McMullen [mailto:mm@PremierPropertyMa.com] Sent: Wednesday, December 29, 2010 12:41 PM 4 4 OF 8 DelleChiaie,Pamela 1 PRINTED BY:Pamela DelleChiaie-PLEASE LEAVE IN PRINT-OUT TRAY.......THANK YOU. To: Kerri Burke Cc: Sawyer, Susan Subject: RE: 13 Main Street Hi Susan, We are going to have everything completed by the end of the week, I will update you via email when done. I do have one question you may be helpful with, it says locks on the front doors to the building ???There have never been locks on the front entry doors only the unit doors why at this point is this an issue ? Thanks Mike Michael McMullen,Director of Maintenance Premier Property Solutions, LLC. 311 Summer Street, Suite 200 Boston, Massachusetts 02210 (P) 617-345-0045 ext. 123 (F) 617-345-0411 acting in capacity as managing agent www.premierpropertyma.com Think green Please consider the environment before printing this e-mail ------------------------------------------------------------------------------------ 5 5OF0 DelleChiaie,Pamela r PRINTED BY:Pamela DelleChiaie-PLEASE LEAVE IN PRINT-OUT TRAY.......THANK YOU. This e-mail message (including attachments, if any) is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged,proprietary, confidential and exempt from disclosure. If you are not the intended recipient, you are notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error,please notify the sender and erase this e-mail message immediately. From: Kerri Burke [mailto:ksburke@dfllp.com] Sent: Wednesday, December 29, 2010 12:31 PM To: Mike McMullen Subject: FW: 13 Main Street Kerri Burke Chief Operating Officer Dalton & Finegold LLP 978-269-6403 direct 978-470-8338fax ksburke(adlllp.com From: Sawyer, Susan [mailto:ssawyer@townofnorthandover.com] Sent: Tuesday, December 28, 2010 8:42 AM To: Kerri Burke Subject: RE: 13 Main Street Hope you survived the storm. I am in the office all week. If things are done by Friday please let me know and I will set up a time for reinsp. with your tenant and let you know when I am going back. If you think their may be additional concerns,possibly you could give me your maintenance person's contact info and I can call him directly from the site if I have questions. Thank you 6 6OF8 DelleChiaie,Pamela r PRINTED BY:Pamela DelleChiaie- PLEASE LEAVE IN PRINT-OUT TRAY.......THANK YOU. Susan From: Kerri Burkemailto:ksburke dfll .com [ @ p ] Sent: Wednesday, December 22, 2010 9:47 PM To: Sawyer, Susan Subject: RE: 13 Main Street Susan I am being told we will have everything completed by next Friday. I have asked the property manager to update me early next week and to also touch base with you about the final inspection. I'll be in touch on Tuesday or Wednesday. Have a great holiday! Kerri Burke Chief Operating Officer Dalton & Finegold LLP 978-269-6403 direct 978-470-8338 fax ksburke(a),d f Zlp,com From: Sawyer, Susan [mailto:ssawyer@townofnorthandover.com] Sent: Tuesday, December 21, 2010 3:21 PM To: Kerri Burke Subject: 13 Main Street i 7 7OF8 DelleChiaie,Pamela PRINTED BY:Pamela DelleChiaie-PLEASE LEAVE IN PRINT-OUT TRAY.......THANK YOU. Thank you Kerri, Susan Susan Sawyer Public Health Director 1600 Osgood Street Bldg 20, unit 2-36 North Andover, MA 01845 office 978 688-9540 fax 978 688-8476 All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the [http://www.sec.state.ma.us/pre/preidx.htm ]Massachusetts Public Records Law. Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. 8 8OF8 DelleChiaie,Pamela NORTH 6q FILE COPY F' wbOOL O • O LI1KC T CO-CI WKM 40 Ply ��SSgcHuS���y PUBLIC HEALTH DEPARTMENT (ommunity Development Division Letter of Co DATE: January 17, 2011 ], ON -4t,�TO OWNER OF RECORD f - - To Owner of Record: Property Location: Barry Finegold,Trustee DF 13 Main Street, Apt 2 William Dalton, Trustee DF Realty North Andover, MA 01845 38 Essex Street Andover, MA 01810 A Health Department ORDER LETTER dated September 13, 2010was issued to you as owners of record of the property listed above citing violations of the State Sanitary Code, 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation. A re-inspection of the property on January 17, 2011 has found that all of the violations noted on the Order Letter have been corrected. Thank you for your cooperation in this matter. Sincere , Su an Y. Sawyer,REHS/ Public Health Director Xc: File 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com rt OORTff O� D $6. FILE COPY O �, o " 9 '1* COCNIc �WKN V �.9 p�RA7EC P'Py SSACHUS� PUBLIC HEALTH DEPARTMENT Community Development Division Letter of Compliance DATE: January 17, 2011 TO OWNER OF RECORD PROPERTY LOCATION To Owner of Record: Property Location: Barry Finegold,Trustee DF 13 Main Street, Apt 2 William Dalton, Trustee DF Realty North Andover, MA 01845 38 Essex Street Andover, MA 01810 A Health Department ORDER LETTER dated September 13, 2010was issued to you as owners of record of the property listed above citing violations of the State Sanitary Code, 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation. A re-inspection of the property on January 17, 2011has found that all of the violations noted on the Order Letter have been corrected. Thank you for your cooperation in this matter. ZSincerwyer, RENS/ Public Health Director Xc: File 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com 14ORTH O�At�.ED 06q�O EF 11E]C 7,9 AERATED ►'Pa�,�S SSC HUSH PUBLIC HEALTH DEPARTMENT fommunity Development Division Letter of Compliance DATE: January 17, 2011 TO OWNER OF RECORD PROPERTY LOCATION To Owner of Record: Property Location: Barry Finegold,Trustee DF 13 Main Street, Apt 2 William Dalton,Trustee DF Realty North Andover, MA 01845 38 Essex Street Andover,MA 01810 A Health Department ORDER LETTER dated September 13, 2010was issued to you as owners of record of the property listed above citing violations of the State Sanitary Code, 105 CMR 410.000,Minimum Standards of Fitness for Human Habitation. A re-inspection of the property on January 17, 2011 has found that all of the violations noted on the Order Letter have been corrected. Thank you for your cooperation in this matter. 4Sincerer, REHS Public Health Director Xc: File 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com Of %10RTW q 4 t , t< F6 t �O ? a FILE COPS 0 � 1 o —1 SSACHUS���� / � ✓V\ �1 PUBLIC HEALTH DEPARTM Community Development Divis NORTH ANDOVER BOARD O Date: Dec 6 2010 To Owner of Record: Property Location: Barry Finegold, Trustee DF 13 Main Street, Apt 2 William Dalton, Trustee DF Realty North Andover, MA 01845 38 Essex Street Andover,MA 01810 Dear Mr Finegold, A re-inspection was conducted on November 22, 2010 at your property listed above to observe corrections resulting from the September 13, 2010 Order Letter. The items corrected are noted on the attached sheets. All other items continue to be in violation with the MA Human Habitation code. There has been no extension request received at the Health Department to date. Please contact the Health Department, upon receipt of this notice,with your intentions in regards to these items. Failure to do so will result in a filing of a complaint at the Northeast Housing Court in Lawrence. Thank ydu! Swan Y. Sawyer, REHX S Public Health Director Cc: tenant ` NORrh E@Copy 0? oL 1.Ift �9SSAC HUS���� PUBLIC HEALTH DEPARTMENT Community Development Division NORTH ANDOVER BOARD OF HEALTH Date: Dec 6, 2010 To Owner of Record: Property Location: Barry Finegold, Trustee DF 13 Main Street, Apt 2 William Dalton,Trustee DF Realty North Andover,MA 01845 38 Essex Street Andover, MA 01810 Dear Mr Finegold, A re-inspection was conducted on November 22, 2010 at your property listed above to observe corrections resulting from the September 13, 2010 Order Letter. The items corrected are noted on the attached sheets. All other items continue to be in violation with the MA Human Habitation code. There has been no extension request received at the Health Department to date. Please contact the Health Department,upon receipt of this notice, with your intentions in regards to these items. Failure to do so will result in a filing of a complaint at the Northeast Housing Court in Lawrence. Thank your Swan Y. Sawyer, REH S Public Health Director Cc: tenant wh 13 Main Street December 6, 2010 ORDER LETTER Violation RegulatorL reference Re-inspection 1) Kitchen 410.500 11/22/10 a. Kitchen cabinet drawer face,right side of sink in disrepair; b. Under sink cabinet, old wall opening likely from 11/22/10 repair, left interior wall. c. Stove door in disrepair; does not close properly 11/22/10 Owner must maintain structural elements so that all areas are in good repair for its intended use Owner must fix the drawer face, close up hole under the sink and fix stove door 2) Bathroom off kitchen 410.351 11/22/10 a. Sink,bath tub and toilet all experiencing slow drainage. Owner must maintain plumbing elements free from defect, so that all areas are in good repair for its intended use Owner must address and correct plumbing problems b. Floor threshold porous and unfinished 410.500 11/22/10 c. Floor with cracks near tub; area porous Owner must maintain structural elements so that all 11/22/10 areas are in good repair for its intended use Owner must address and repair floor problems to make non-porous and cleanable 3) Front bedroom 410.551 11/22/10 a. Screens in disrepair in middle and right windows Owner must maintain screens for windows on the first 4 floors Owner must repair/replace any screen in disrepair 4) Small child's bedroom 410.551 a. screen missing Owner must maintain screens (Inspector recommended tenant to place child protective lock or other safety device to prevent child from potential j safety concern.) Replace screen in bedroom P 5) Rear hall and stairway 410.551 a. No screen t t10RTN I LE COPY 0� �t-go 6 0 0 �n y i T O LA ac 1 toc« evert« ��SSgATE cNus���� PUBLIC HEALTH DEPARTMENT Community Development ment Division NORTH ANDOVER BOARD OF HEALTH Date: Dec 6, 2010 To Owner of Record: Property Location: Barry Finegold, Trustee DF 13 Main Street, Apt 2 William Dalton, Trustee DF Realty North Andover, MA 01845 38 Essex Street Andover,MA 01810 Dear Mr Finegold, A re-inspection was conducted on November 22, 2010 at your property listed above to observe corrections resulting from the September 13, 2010 Order Letter. The items corrected are noted on the attached sheets. All other items continue to be in violation with the MA Human Habitation code. There has been no extension request received at the Health Department to date. Please contact the Health Department,upon receipt of this notice,with your intentions in regards to these items. Failure to do so will result in a filing of a complaint at the Northeast Housing Court in Lawrence. Thank you f,a ,. Swan Y. Sawyer, REHAI S Public Health Director Cc: tenant ' 13 Main Street December 6, aoio ORDER LETTER Violation Regylatory reference Re-inspection 1) Kitchen 410.500 11/22/10 a. Kitchen cabinet drawer face,right side of sink in disrepair; b. Under sink cabinet, old wall opening likely from 11/22/10 repair, left interior wall. c. Stove door in disrepair; does not close properly 11/22/10 Owner must maintain structural elements so that all areas are in good repair for its intended use Owner must fix the drawer face,close up hole under the sink and fix stove door 2) Bathroom off kitchen 410.351 11/22/10 a. Sink,bath tub and toilet all experiencing slow drainage. Owner must maintain plumbing elements free from defect, so that all areas are in good repair for its intended use Owner must address and correct plumbing problems b. Floor threshold porous and unfinished 410.500 11/22/10 c. Floor with cracks near tub; area porous Owner must maintain structural elements so that all 11/22/10 areas are in good repair for its intended use Owner must address and repair floor problems to make non-porous and cleanable 3) Front bedroom 410.551 11/22/10 a. Screens in disrepair in middle and right windows Owner must maintain screens for windows on the first 4 floors Owner must repair/replace any screen in disrepair 4) Small child's bedroom 410.551 a. screen missing Owner must maintain screens (Inspector recommended tenant to place child protective lock or other safety device to prevent child from potential safety concern.) Replace screen in bedroom 5) Rear hall and stairway 410.551 a. No screen e t%ORTp q O �S�eo , O t COCMIC lWIC o� 1 M SAC HUs���y PUBLIC HEALTH DEPARTMENT (ommunity Development Division NORTH ANDOVER BOARD OF HEALTH Date: Dec 6, 2010 To Owner of Record: Property Location: Barry Finegold, Trustee DF 13 Main Street, Apt 2 William Dalton, Trustee DF Realty North Andover, MA 01845 38 Essex Street Andover, MA 01810 Dear Mr Finegold, A re-inspection was conducted on November 22, 2010 at your property listed above to observe corrections resulting from the September 13, 2010 Order Letter. The items corrected are noted on the attached sheets. All other items continue to be in violation with the MA Human Habitation code. There has been no extension request received at the Health Department to date. Please contact the Health Department, upon receipt of this notice, with your intentions in regards to these items. Failure to do so will result in a filing of a complaint at the Northeast Housing Court in Lawrence. Thank y ul Swan Y. Sawyer, RE S .. Public Health Director Cc: tenant 13 Main Street December 6, 2010 ORDER LETTER Violation RMlatory reference Re-inspection 1) Kitchen 410.500 11/22/10 a. Kitchen cabinet drawer face,right side of sink in disrepair; b. Under sink cabinet, old wall opening likely from 11/22/10 repair, left interior wall. c. Stove door in disrepair; does not close properly 11/22/10 Owner must maintain structural elements so that all areas are in good repair for its intended use Owner must fix the drawer face,close up hole under the sink and fix stove door 2) Bathroom off kitchen 410.351 11/22/10 a. Sink, bath tub and toilet all experiencing slow drainage. Owner must maintain plumbing elements free from defect, so that all areas are in good repair for its intended use Owner must address and correct plumbing problems b. Floor threshold porous and unfinished 410.500 11/22/10 c. Floor with cracks near tub; area porous Owner must maintain structural elements so that all 11/22/10 areas are in good repair for its intended use Owner must address and repair floor problems to make non-porous and cleanable 3) Front bedroom 410.551 11/22/10 a. Screens in disrepair in middle and right windows Owner must maintain screens for windows on the first 4 floors Owner must repair/replace any screen in disrepair 4) Small child's bedroom 410.551 a. screen missing Owner must maintain screens (Inspector recommended tenant to place child protective lock or other safety device to prevent child from potential safety concern.) Replace screen in bedroom 5) Rear hall and stairway 410.551 a. No screen 13 Main Street December 6, 2010 Owner must maintain screens Replace screen in hall b. Open wiring box near exit door 410.351 11/22/10 Owner must maintain wiring Repair as needed c. No rail on bottom 7 treads of stairway 410.503(a) 11/22/10 Owner must maintain a safe handrail for every stairway that is used by the occupants Install handrail per code d. Exterior door-no keys to lock 410.480(B) Owner must install and maintain locks. Every dwelling unit shall be capable of being secured from unlawful entry Install Locks e. Ceiling with large crack 410.500 Owner must maintain structural elements Repair ceiling as needed 6) Front Hallway a. No stair handrail 410.503(a) Owner must maintain a safe handrail for every stairway that is used by the occupants Install Handrail b. Single broken baluster at top of stair 410.503(d) Balusters on guardrails must be in good condition Repair baluster c. Exterior Door—no working locks 410.480(B) Owner must install and maintain locks. Install working locks Every dwelling unit shall be capable of being secured from unlawful entry Install working locks ** Inspector contacted Fred McCarthy,NA Fire prevention and safety officer. Lt. McCarthy noted two items. 1) There was not a test button for the hard wired system. He suggested a scheduled test of fire alarms be done to ensure its integrity. Please contact Lt. McCarthy at 978 688-9590 if you wish to request a test by the fire department. Cc: Fred McCarthy,NAFD NORTH ANDOVER HEALTH DEPARTMENT .. -�e v>✓c� 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 13 DATE Z 2 I J 00r• .T/ 'v �-rte v U J ! -L v 'r g>� l•t / I A L<-��� •� ,fit//'� �-`� �� , S-4/{�" c�I'h G /_J )f✓� S ?�1nr�,, n rr�/1 a,/ �c i�i� /C� i I " �a�� Rev.6/04 X INSP OR 13 MAIN STREET 028.0-0010 Complaint Detail Report Printed On:Tue Aug 31,2010 Complaint#: CT-2011-000010 Status: In discovery GIS#: 1333 Violator: FINEGOLD,BARRY R. TRUS nTp Address: 13 MAIN STREET Map: 028.0 Address: 38 ESSEX STREET Date Recvd.: Aug-31-2010 ITime Recvd.: 11:33 AM Block: 0010 ANDOVER,MA 01810 Category: Housing Lot: Type: Residential GeoTMS Module: Board of Health District: Trade: Recorded By: Pamela DelleChiaie Zoning: Structure: S3.�t iAij�t Description: Complaint: On Monday,8/30/2010,I received a call from Kristy Goodwin of 13 Main Street,Apt.2-2nd Floor. There is a business space at#15,but it is empty right now. Her numbers are:978.258.7572 or 978.476.2737. Ms.Goodwin moved to this location in April of 2010. She states that her rent is up to date,and she has not received any Notices to quit from the landlord. Landlord is Barry Finegold. The property manager's name is Mike,but she does not have his last name. His number is:781.535.1425. She has called him multiple times and he does not return the calls. Ms.Goodwin has the following complaints about her rental location: *Toilet- not flushing correctly. She got the part and her husband installed it. It is still not working correctly. *Drains-the bathroom drains do not drain properly in the bathroom for the tub and sink. *Spiders-overabundance of spiders in the front of the house. *Smoke Detectors-only one smoke detector in living room. *Carbon Monoxide Detector-only one carbon monoxide detector in kitchen. *Stove-not working correctly-gas oven-door does not open all the way and does not close properly. *Sink in kitchen-there is a hole under the sink in wall under the sink. + At her request,please call Ms.Goodwin to schedule a complete housing inspection to detect these and any other code violations. i --pd Comments: Callers Date Time Name Phone Best Time To Reach Recorded By Response Aug-31-2010 11:33 Kristi Goodwin (978)258-7572 Q Pamela DelleChiaie Follow-Up by Health AM Inspector Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL GeoTMS®2010 Des Lauriers Municipal Solutions, Inc. Page 1 of 1 Page 1 of 1 Subj: LETTER TO MIKE KEEP!!! Date: 7/9/2010 6:38:35 P.M. Eastern Daylight Time From: To: Hello Mike, Please note that the check is dated for 7-16-2010. Also I am still waiting for the toilet to be fixed. I have asked numerous times please please please fix it.. I am ready to throw it threw a window! Also the spiders are really bad, anyway to spray the house with something on the outside? I can spray the inside the same day if you tell me so they don't just come inside.. Then there is the hole that i have been asking about under the sink since i moved in. Please either get something for Brian to put there or fix it for us.. There is a issue with the sprayer in the kitchen sink... it sings to me while it sprays... thump thump thump or something like that. waited to mention it because I didn't want to overwhelm you. The Freezer over freezes and the fridge gets really wet.. puddles on stuff and on the shelves kind of ruining the food puddles in the draws too. i mentioned this last month.. waited to mention it because i didn't want to overwhelm you. Did you take care of the dead skeleton fur in the basement? Will you please pay me to clean the backyard? I will get rid of all the shit that is there legally. you tell me the price.. And then there are the bathroom drains I think that the pipes need to be snaked they fill up fast and drain really slow.. last month i wrote this on the envelope so this month i have typed it. Although nothing is "life threatening" It is all annoying especially the toilet- sink thing and thanks for the smoke-carbon detectors.. Thank you, Kristy and Brian Goodwin Thursday, September 02, 2010 AOL: Goodysga178 Sawyer, Susan From: Mike McMullen [mm@PremierPropertyMa.com] Sent: Monday, January 03, 2011 10:53 AM To: Sawyer, Susan Cc: DelleChiaie, Pamela; Kerri Burke Subject: RE: 13 Main Street Hi Susan, Thank you, I will have my worker Jay meet you there. As for the trash the salon is having that removed and should be gone in the next couple days. As for Kristi's complaints about the snow removal they are unfounded as the parking lot and all entrances are done.She would like a path through the backyard done to make it easier for her to get to her car and we are not paying to have the backyard shoveled. Mike Michael McMullen,Director of Maintenance Premier Property Solutions, LLC. 311 Summer Street,Suite 200 Boston, Massachusetts 02210 (P) 617-345-0045 ext. 123 (F) 617-345-0411 acting in capacity as managing agent www.premierpropertVma.com Think green Please consider the environment before printing this e-mail ------------------------------------------------------------------------------------ This e-mail message (including attachments, if any) is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, proprietary, confidential and exempt from disclosure. If you are not the intended recipient,you are notified that any dissemination, distribution or copying of this communication is 1 strictly prohibited. If you have received this communication in error, please notify the sender and erase this e-mail message immediately. From: Sawyer, Susan [mailto:ssawyer@townofnorthandover.com] Sent: Monday, January 03, 2011 10:42 AM To: Mike McMullen Cc: DelleChiaie, Pamela Subject: RE: 13 Main Street Mike due to my vacation and time issues,my appointment at 13 Main street had to be set for Monday, 1/10/11 at 1:30 PM. Please note that Kristy indicated that there may be issues with excessive debris in the back yard and the execution of the recent snow clean up. We can check out the back yard and discuss who is responsible for what portion of snow shoveling etc. when we meet. Please let me know the name of the person who will be accompanying me from your office. Thank you Susan From: Mike McMullen [mailto:mm@PremierPropertyMa.com] Sent: Monday, January 03, 2011 10:24 AM To: Sawyer, Susan Subject: RE: 13 Main Street Hi Susan When can we do the re inspection, I would like to have someone there to walk through with the inspector. Mike Michael McMullen, Director of Maintenance Premier Property Solutions, LLC. 311 Summer Street, Suite 200 2 Boston, Massachusetts 02210 (P) 617-345-0045 ext. 123 F 617-345-0411 acting in capacity as managing agent www.premierpropegyma.com Think green Please consider the environment before printing this e-mail ------------------------------------------------------------------------------------ This e-mail message (including attachments, if any) is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, proprietary, confidential and exempt from disclosure. If you are not the intended recipient, you are notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error,please notify the sender and erase this e-mail message immediately. From: Sawyer, Susan [mailto:ssawyer@townofnorthandover.com] Sent: Wednesday, December 29, 2010 3:09 PM To: Mike McMullen Subject:,RE: 13 Main Street Hello Mike, Good question. I have cut out a couple of the code requirements to answer your question and also provided you with the link to the state code for rental housing. This code is not new,however the Health Dept has apparently never been involved with this property before so it was not identified as a problem until now. The responsibilities of the landlord and the tenant are in this document and it is what we use to do our inspections. It may put you to sleep, but it has a lot of good information. Door locks are a good safety measure as well. I certainly would like to know who comes and knocks at my door. FYI in case you have other properties like this, if this were a 3 family common door, it would have to be self locking and self closing. hitp://www.mass.gov/Eeohhs2/docs/dph/regs/105cmr4l O.pdf 3 Entry Door of a Dwelling means any door of a dwelling which provides access to the common areas of the dwelling from the exterior of the dwelling except that when there are two doors which enclose an entryway between the common areas of the dwelling and the exterior of the dwelling it shall mean either of the doors. Entry Door of a Dwelling Unit means any door of a dwelling unit which provides access to the common areas of the dwelling or access to the outside of the dwelling. 410.480: Locks The owner shall provide, install and maintain locks so that: (A) Every dwelling unit shall be capable of being secured against unlawful entry. (B)Every door of a dwelling unit shall be capable of being secured from unlawful entry. (C) The main entry door of a dwelling containing more than three dwelling units shall be so designed or equipped so as to close and lock automatically with a lock, including a lock with an electrically-operated striker mechanism, a self-closing door and associated equipment. Every door of the main common entryway and every exterior door into said dwelling, other than the door of such main common entryway which is equipped as provided in the preceding sentence shall be equipped with an operating lock. (M.G.L. c. 143, § 3R.) (D) Every entry door of a dwelling unit or rooming unit shall be capable of being secured from unlawful entry. (E) Every openable exterior window shall be capable of being secured. (F) Locking devices shall comply with the requirements of 780 CMR 10 17.4.1 to avoid entrapment in the building. From: Mike McMullen [mailto:mm@PremierPropertyMa.com] Sent: Wednesday, December 29, 2010 12:41 PM To: Kerri Burke Cc: Sawyer, Susan Subject: RE: 13 Main Street Hi Susan, 4 I We are going to have everything completed by the end of the week, I will update you via email when done. I do have one question you may be helpful with, it says locks on the front doors to the building ???There have never been locks on the front entry doors only the unit doors why at this point is this an issue ? Thanks Mike Michael McMullen,Director of Maintenance Premier Property Solutions, LLC. 311 Summer Street, Suite 200 Boston, Massachusetts 02210 (P) 617-345-0045 ext. 123 (F) 617-345-0411 acting in capacity as managing agent www.premielpropegyma.com Think green Please consider the environment before printing this e-mail ------------------------------------------------------------------------------------ This e-mail message (including attachments, if any) is intended for the use of the individual or entity to which it is addressed and may contain information that is privileged, proprietary, confidential and exempt from disclosure. If you are not the intended recipient,you are notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error,please notify the i sender and erase this e-mail message immediately. I From: Kerri Burke [mailto:ksburke@dfllp.com] Sent: Wednesday, December 29, 2010 12:31 PM 5 To: Mike McMullen Subject: FW: 13 Main Street Kerri Burke Chief Operating Officer Dalton & Finegold LLP 978-269-6403 direct 978-470-8338 ax .r ksburke6Wfl1p.com From: Sawyer, Susan [mailto:ssawyer@townofnorthandover.com] Sent: Tuesday, December 28, 2010 8:42 AM To: Kerri Burke Subject: RE: 13 Main Street Hope you survived the storm. I am in the office all week. If things are done by Friday please let me know and I will set up a time for reinsp. with your tenant and let you know when I am going back. If you think their may be additional concerns,possibly you could give me your maintenance person's contact info and I can call him directly from the site if I have questions. Thank you Susan From: Kerri Burke [mailto:ksburke@dfllp.com] Sent: Wednesday, December 22, 2010 9:47 PM To: Sawyer, Susan Subject: RE: 13 Main Street Susan 6 /t I am being told we will have everything completed by next Friday. I have asked the property manager to update me early next week and to also touch base with you about the final inspection. I'll be in touch on Tuesday or Wednesday. Have a great holiday! Kerri Burke Chief Operating Officer Dalton & Rnegold LLP 978-269-6403 direct 978-470-8338 fax ksburkekdf Zlp.com From: Sawyer, Susan [mailto:ssawyer@townofnorthandover.com] Sent: Tuesday, December 21, 2010 3:21 PM To: Kerri Burke Subject: 13 Main Street Thank you Kerri, Susan Susan Sawyer Public Health Director 1600 Osgood Street Bldg 20,unit 2-36 North Andover, MA 01845 office 978 688-9540 fax 978 688-8476 All email messages and attached content sent from and to this email account are public records unless qualified as an exemption under the [http://www.sec.state.ma.us/pre/preidx.htm ]Massachusetts Public Records Law. Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records. For more information please refer to: http://www.sec.state.ma.us/pre/preidx.htm. Please consider the environment before printing this email. s rUSPS- Track& Confirm Page 1 of 1 a lVNITW$TATES_ Home I Help I POSTAL SECe Sim Track&Confirm FAQS Track & Confirm Search Results Label/Receipt Number:7003 2260 0006 8627 0209 Status:Delivered Track&Confirm Enter Label/Receipt Number. Your item was delivered at 10:24 am on September 15,2010 in ANDOVER, MA 01810.A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offline. Rcata�a Il7'�rirm�faMts���J '��terv�tea tl:�rp�cam�'arr�a>� P Site may Customer Service Forms Gott Services Careers Privacy Policy Terms of Use Business Customer Gateway Copyright©2010 USPS.All Rights Reserved. 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Internet access to delivery information is not available on mail addressed to APOs and FPOs. t t►oRTg ~� Q�'.�t LED ,6�-r� FILE COPY S? hr:'d- " 6 oL o 1� �� n C' �e w-o coc.iuiwKw��• 7�AOR•ATED 9SSAC US PUBLIC PUBLIC HEALTH DEPARTMENT (ommunity Development Division 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 410.550. Date: September 13, 2010 To Owner of Record: Property Location: Barry Finegold,Trustee DF 13 Main Street, Apt 2 William Dalton,Trustee DF Realty North Andover, MA 01845 dEssex Street Andover, MA 01810 An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel on September 2,2010. 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 represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. san Y. er,REHS/ ublic -ealth Director e � v 13 Main Street September 13, 2010 MEMNON An authorized inspection of 13 Main Street, Apartment 2 was performed by Board of Health staff on September 2,2010 at which violations of 105 CMR 410.550 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 detailed plan for correction must be approved by this office. If professional contractors are being hired,the plan must include estimates for dates of completion and a request for extension must be applied for not to exceed thirty Y (30 days.s. ORDER LETTER Violation Regulatory reference Re-inspection 1) Kitchen 410.500 a. Kitchen cabinet drawer face,right side of sink in disrepair; b. Under sink cabinet, old wall opening likely from repair, left interior wall. C. Stove door in disrepair; does not close properly Owner must maintain structural elements so that all areas are in good repair for its intended use Owner must fix the drawer face,close up hole under the sink and fix stove door 2) Bathroom off kitchen 410.351 a. Sink,bath tub and toilet all experiencing slow drainage. Owner must maintain plumbing elements free from defect, so that all areas are in good repair for its intended use Owner must address and correct plumbing problems b. Floor threshold porous and unfinished 410.500 c. Floor with cracks near tub; area porous Owner must maintain structural elements so that all areas are in good repair for its intended use Owner must address and repair floor problems to make non-porous and cleanable 3) Front bedroom 1410.551 t A 13 Main Street September 13, 2010 a. Screens in disrepair in middle and right windows Owner must maintain screens for windows on the first 4 floors Owner must repair/replace any screen in disrepair 4) Small child's bedroom 410.551 a. screen missing Owner must maintain screens (Inspector recommended tenant to place child protective lock or other safety device to prevent child from potential safety concern.) Replace screen in bedroom 5) Rear hall and stairway 410.551 a. No screen Owner must maintain screens Replace screen in hall b. Open wiring box near exit door 410.351 Owner must maintain wiring Repair as needed c. No rail on bottom 7 treads of stairway 410.503(a) Owner must maintain a safe handrail for every stairway that is used by the occupants Install handrail per code d. Exterior door- no keys to lock 410.480(B) Owner must install and maintain locks. Every dwelling unit shall be capable of being secured from unlawful entry Install Locks e. Ceiling with large crack 410.500 Owner must maintain structural elements Repair ceiling as needed 6) Front Hallway a. No stair handrail 410.503(a) Owner must maintain a safe handrail for every stairway that is used by the occupants Install Handrail b. Single broken baluster at top of stair 410.503(d) Balusters on guardrails must be in good condition Repair baluster c. Exterior Door—no working locks 410.480(B) 4 Dalton& Finegold Andover- MA Lawyers I Mass Lawyer Massachusetts Lawyers I And... Page 1 of 1 TEXT ONLY VERSION HOME DALTON At Dalton&Finegold,we ABOUT US believe in relationships � OUR CREED based on integrity and PRACTICE AREAS trust.We provide the best service at an affordable FIRM DIRECTORY & FINEGOLD, L.L.P. tcost.We hecomplexis issues RESOURCES • • • the complex issues of TESTIMONIALS today's environment are CONTACT US best resolved with the good old-fashioned hard work and persistence of DTr RITY yesterday. &RESULTS 41mv Law News REAL ESTATE ti ESTATE PLANNING e ■ Senate opens impeachment PROBATE&ESTATE trial against judge ■ Fact Check:White House ADMINISTRATION health savings challenged EMPLOYMENT LAW ■ Bikers make noise on attempt BANKRUPTCY& to quiet motorcycles CREDITOR'S RIGHTS RE See more Law News CORPORATE LAW "" y„� Q Talk about Law LITIGATION Powered by tupix CLIENT LOGIN fi Dalton&Fineg Id 134 Essex Street ndover,MA 01810 1978.470.84001 www.dfllp.00m I bfinegold@dfllp.com I Driving Directions http://www.dfllp.com/index.html 9/13/2010 Andover, Massachusetts -USA Lawyers and Attorneys Directory Page 2 of 3 � v Andover,MA 01810 Andover,MA 01810 Andover,MA 01810 Andover,MA 01810 (978)475-9100 (978)474-9969 (978)475-2412 (978)475-9997 Children's Christopher G.Nihan, Cahill Paul Cain Alexander R Neuropsychological Attorney at Law 14 Essex Street 10 Main Street Services LLC A5 Colonial Drive Unit 6 Andover,MA 01810 Andover,MA 01810 26 Chestnut Street Suite 2E Andover,MA 01810 (978)475-8551 (978)475-3988 Andover,MA 01810 (978)749-2700 (781)595-8233 Collins Thos P Attorney Colwell Christian Connolly,Martin F. Costantino,Shelley A. At Law 1 Elm Square Attorney Attorney 10 Main Street Andover,MA 01810 Two Dundee Park Suite 304 11 Chestnut Street Andover,MA 01810 Andover,MA 01810 Andover,MA 01810 (978)475-8846 (978)474-8899 (978)474-8880 (978)623-0900 Covitz Lorri Attorney At Cox John R Attorney Cranny Ted Croce Carl R Law 23 Main Street342 North Main Street 10 New England Bus 90 Main Street Centre Andover,MA 01810 Andover,MA 01810 Andover,MA 01810 (978)475-8900 (978 4 - Andover,MA 01810 (978)470-8900 (978)794-8200 Cummings Linda Curtis&Sindeband Lip Dalton&Finegold LLP Dalton Charles F Jr 23 Main Street 28 Andover Street 38 Essex Street 68 Main Street Andover,MA 01810 Andover,MA 01810 Andover,MA 01810 Andover,MA 01810 (978)470-3535 (978)470-3366 (978)470-8400 (978)470-1320 Dalton Susan T Dalton,William J.Attorney Daniels;Peter S.Attorney Danisch Melissa Morris 10 High 38 Essex Street 300 Brickstone Square 32 Chestnut Street Andover,MA 01810 Andover,MA 01810 Andover,MA 01810 (978)470-1320 Andover,MA 01810 (978)475-9100 (978)470-8400 (978)475-1300 Dauphin Law Offices Dauphin,Brian C. Deborah A.Anthony Debra Rahmin Silberstein 10 Main Street Attorney One Elm Square 69 Park Street Andover,MA 01810 10 Main Street Andover,MA 01810 Andover,MA 01810 (978)749-9800 Andover,MA 01810 (978)474-6452 (978)749-9800 (978)474 4700 Defusco Arthur J Devine,Millimet& Dias McNamara McNa Attorney Denn,Edward J.Attorney Branch,Professional Dias McNa rylynne 1 Gemini Circle 344 North Main Street Association Andover,MA 01810 300 Brickstone Square Phoenix Place Andover,MA 01810 e Andover, Place c01810 e (978)688-2475 (978)475-7580 Andover,MA 01810 ( (978)475-9100 978)475-2663 Doherty J B Associates Doherty John C Doherty John C LWYR- Doherty Law Offices 12 Bartlet Street 69 Carmel Road RES 16 North Main Andover,MA 01810 Andover,MA 01810 69 Carmel Road Andover,MA 01810 (978)470-1200 (978)475-3086 Andover,MA 01810 (978)475-8095 (978)475-7850 Eaton JAS H Attorney Eaton Gregory N. Square � t'Y Doherty Law Offices Dole,Jessie P.Attorney 3rd Attorney 35 Bancroft Road One Elm S y q Andover,MA 01810 Andover,MA 01810 89 Main Street Rear 89 Main Street (978)475-8095 (978)474-6452 Andover,MA 01810 Andover,MA 01810 (978)474-4447 (978)474-4447 Erkan Murat Law Office r,Benjamin L. Farina Paul Farrell Elaine M Lawyer 10 Attorney Main 23 Main Street ey 23 Main Street 89 Main Street Rear 10 Andover,MA 01810 Andover,MA 01810 Andover,MA 01810 Andover,MA 01810( (978)474-0054 (978)475-9955 978)749-8808 (978)475-8878 Feinberg Steven K Feinman Michael B Fine Sheldon A Finegold Barry 68 Main Street 1 Elm Square Andover,MA 01810 Andover,MA 01810 Andover,MA 01810 (978)374-0080 Andover,MA 01810 (978)474-5060 (978)470-3676 (978)475-9886 Finegold,Barry R. Flather Fredk 3rd Flemming John B Law Ford Robert T Attorney Attorney Office Of 90 Main Street 300 Brickstone Square 38 Essex Street 2 Dundee Park Andover,MA 01810 Andover,MA 01810 Andover,MA 01810 (978)475-8218 Andover,MA 01810 (978)475-9100 (978)470-8400 (978)474-6444 Forgione,Nicholas Fortin Thomas J Fournier Maryanne F Fraser Law Office Lip Attorney 25 Bartlett Attorney 23 Main Street 300 Brickstone Square 63 Park Andover,MA 01810 Andover,MA 01810 Andover,MA 01810 (978)475-5800 Andover,MA 01810 (978)475-1200 (978)475-9100 (978)475-3318 Gilbert,Robert J. Furlong Michael G Ganem&Ganem Gilbert&Renton LLC Attorney http://webcache.googleusercontent.com/search?q=cache.j E gOro SnakkJ:www.lawyersattor... 9/13/2010 `10RIN 0 410.° /6q" MCOPY . o e'�'V- 6 0L O C' O COCMIC�WKK V^ A044rea 9SSAC HUSt' PUBLIC HEALTH DEPARTMENT (ommunity Development Division 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 410.550. Date: September 13, 2010 To Owner of Record: Property Location: Barry Finegold,Trustee DF 13 Main Street, Apt 2 William Dalton, Trustee DF Realty North Andover, MA 01845 JX AfEssex Street Andover,MA 01810 An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel on September 2, 2010. 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 represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. san Y. er, REHS/ ublic ealth Director 13 Main Street September 13, 2010 An authorized inspection of 13 Main Street,Apartment 2 was performed by Board of Health staff on September 2, 2010 at which violations of 105 CMR 410.550 Chapter Il 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 detailed plan for correction must be approved by this office. If professional contractors are being hired,the plan must include estimates for dates of completion and a request for extension must be applied for not to exceed thirty (30) days. ORDER LETTER Violation RegulatorL reference Re-inspection 1) Kitchen 410.500 a. Kitchen cabinet drawer face,right side of sink in disrepair; b. Under sink cabinet, old wall opening likely from repair, left interior wall. c. Stove door in disrepair; does not close properly Owner must maintain structural elements so that all areas are in good repair for its intended use Owner must fix the drawer face,close up hole under the sink and fix stove door 2) Bathroom off kitchen 410.351 a. Sink,bath tub and toilet all experiencing slow drainage. Owner must maintain plumbing elements free from defect, so that all areas are in good repair for its intended use Owner must address and correct plumbing problems b. Floor threshold porous and unfinished 410.500 c. Floor with cracks near tub; area porous Owner must maintain structural elements so that all areas are in good repair for its intended use Owner must address and repair floor problems to make non-porous and cleanable 3) Front bedroom 410.551 13 Main Street September 13, 2oio a. Screens in disrepair in middle and right windows Owner must maintain screens for windows on the first 4 floors Owner must repair/replace any screen in disrepair 4) Small child's bedroom 410.551 a. screen missing Owner must maintain screens (Inspector recommended tenant to place child protective lock or other safety device to prevent child from potential safety concern.) Replace screen in bedroom 5) Rear hall and stairway 410.551 a. 'No screen Owner must maintain screens Replace screen in hall b. Open wiring box near exit door 410.351 Owner must maintain wiring Repair as needed c. No rail on bottom 7 treads of stairway 410.503(a) Owner must maintain a safe handrail for every stairway that is used by the occupants Install handrail per code d. Exterior door- no keys to lock 410.480(B) Owner must install and maintain locks. Every dwelling unit shall be capable of being secured from unlawful entry Install Locks e. Ceiling with large crack 410.500 Owner must maintain structural elements Repair ceiling as needed 6) Front Hallway a. No stair handrail 410.503(a) Owner must maintain a safe handrail for every stairway that is used by the occupants Install Handrail b. Single broken baluster at top of stair 410.503(d) Balusters on guardrails must be in good condition Repair baluster c. Exterior Door—no working locks 410.480(B) 13 Main Street September 13, 2010 Owner must install and maintain locks. Install working locks Every dwelling unit shall be capable of being secured from unlawful entry Install working locks ** Inspector contacted Fred McCarthy,NA Fire prevention and safety officer. Lt. McCarthy noted two items. 1) Tenant should move the single CO detector to a more central location. Must be one within 10 feet of a bedroom. 2) . There was not a test button for the hard wired system. He suggested a scheduled test of fire alarms be done to ensure its integrity. Please contact Lt. McCarthy at 978 688-9590 if you wish to request a test by the fire department. Cc: Fred McCarthy,NAFD NoRTN F ULE COPY 0 -f�-90 if 7 6 OL O �" 70 � (' ey � ° COCMIC�WKM yt• 41 QAre° ►Pay •(5 �SSAC HUS�� PUBLIC HEALTH DEPARTMENT (ommunity Development Division 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 410.550. Date: September 13, 2010 To Owner of Record: Property Location: Barry Finegold,Trustee DF 13 Main Street, Apt 2 William Dalton,Trustee DF Realty North Andover, MA 01845 Essex Street Andover, MA 01810 An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel on September 2,2010. 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 represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. San Y. er, REHS/ ubliclth Director f. t q 4� zd � �� 13 Main Street September 13, 2010 An authorized inspection of 13 Main Street,Apartment 2 was performed by Board of Health staff on September 2, 2010 at which violations of 105 CMR 410.550 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 detailed plan for correction must be approved by this office. If professional contractors are being hired,the plan must include estimates for dates of completion and a request for extension must be applied for not to exceed thirty (30) days. ORDER LETTER Violation Regulatoryreference Re-inspection 1) Kitchen 410.500 e a. Kitchen cabinet drawer face,right side of sink in disrepair; b. Under sink cabinet, old wall opening likely from repair, left interior wall. C. Stove door in disrepair; does not close properly Owner must maintain structural elements so that all areas are in good repair for its intended use Owner must fig the drawer face,close up hole under the sink and fix stove door 2) Bathroom off kitchen 410.351 a. Sink,bath tub and toilet all experiencing slow drainage. Owner must maintain plumbing elements fi°ee from defect, so that all areas are in good repair for its intended use Owner must address and correct plumbing problems b. Floor threshold porous and unfinished 410.500 c. Floor with cracks near tub; area porous Owner must maintain structural elements so that all areas are in good repair for its intended use Owner must address and repair floor problems to make non-porous and cleanable 3) Front bedroom 410.551 i 13 Main Street September 13, 2010 a. Screens in disrepair in middle and right windows Owner must maintain screens for windows on the first 4 floors Owner must repair/replace any screen in disrepair 4) Small child's bedroom 410.551 a. screen missing Owner must maintain screens (Inspector recommended tenant to place child protective lock or other safety device to prevent child from potential safety concern.) Replace screen in bedroom 5) Rear hall and stairway 410.551 a. No screen Owner must maintain screens Replace screen in hall b. Open wiring box near exit door 410.351 �� Z Owner must maintain wiring �l Repair as needed l c. No rail on bottom 7 treads of stairway 410.503(a) Owner must maintain a safe handrail for every stairway that is used by the occupants Install handrail per code d. Exterior door-no keys to lock 410.480(B) Owner must install and maintain locks. Every dwelling unit shall be capable of being secured from unlawful entry Install Locks e. Ceiling with large crack 410.500 Owner must maintain structural elements Repair ceiling as needed 6) Front Hallway a. No stair handrail 410.503(a) Owner must maintain a safe handrail for every stairway that is used by the occupants Install Handrail b. Single broken baluster at top of stair 410.503(d) Balusters on guardrails must be in good condition Repair baluster c. Exterior Door—no working locks 410.480(B) 13 Main Street September 13, 2010 Owner must install and maintain locks. Install working locks Every dwelling unit shall be capable of being secured from unlawful entry Install working locks ** Inspector contacted Fred McCarthy,NA Fire prevention and safety officer. Lt. McCarthy noted two items. 1) Tenant should move the single CO detector to a more central location. Must be one within 10 feet of a bedroom. 2). There was not a test button for the hard wired system. He suggested a scheduled test of fire alarms be done to ensure its integrity. Please contact Lt. McCarthy at 978 688-9590 if you wish to request a test by the fire department. Cc: Fred McCarthy,NAFD i i f NORTh 1 ° BOARD OF HEALTH • M 120 MAIN �9S3ACHUSNORTH ANDOVER, MATEL. 682-6483 SS. 01845 Ext23 March 4, 1994 John F. Mangan, Jr. Baybank 7 New England Executive Park Burlington, MA 01803 RE: 13-17 Main Street, North Andover Dear Mr. Mangan: Earlier. today I re-inspected the property at 13-17 Main Street, North Andover for violations of the housing code previously found in apartments 17-2 and 13-2. The inspection demonstrated that the violations had been corrected. If I can be of service or if you have any questions, please feel free to contact me. Sincerely, Sandra Starr, R.S. Health Agent cc: Building Department Karen Nelson, Dir. PCD gORT►q O� �'°o 3: `� BOARD OF HEALTH i s 120 MAIN STREET TEL. 682-6483 CHus� NORTH ANDOVER, MASS. 01845 Ext23 February 11, 1994 RE: 13 Main Street, North Andover To Whom It May Concern: On December 27, 1993, Gayton Osgood of the North Andover Board of Health was called by the North Andover Fire Department to inspect the dwelling located at 13 Main Street, North Andover, Massachusetts. He found that conditions in the building, specifically lack of heat due to frozen and burst pipes, violated sections of the State Sanitary Code, Chapter II, Housing Violations, and created a condition deemed to endanger the health and/or safetyof the residents and declared the dwelling to be , g uninhabitable. Currently there are still outstanding violations of the building, plumbing and electrical codes which are being corrected and are being monitored by personnel in the Building Department. After all violations have been corrected, and prior to occupancy, an inspection must be done by the Health Inspector to insure that the building meets all specifications outlined in the Sanitary Code. Sandra Starr, R.S. Health Agent °e N°RTh , BOARD OF HEALTH �,SSACNUSNORTH 20 MAN ANDOVER,,MAESS. 01845 TEL. 682-6483 Ext23 February 11, 1994 RE: 13 Main Street, North Andover To Whom It May Concern: On December 27, 1993, Gayton Osgood of the North Andover Board of Health was called by the North Andover Fire Department to inspect the dwelling located at 13 Main Street, North Andover, Massachusetts. He found that conditions in the building, specifically lack of heat due to frozen and burst pipes, violated sections of the State Sanitary Code, Chapter II, Housing Violations, and created a condition deemed to endanger the health and/or safety of the residents, and declared the dwelling to be uninhabitable. Currently there are still outstanding violations of the building, plumbing and electrical codes which are being corrected and are being monitored by personnel in the Building Department. After all violations have been corrected, and prior to occupancy, an inspection must be done by the Health Inspector to insure that the building meets all specifications outlined in the Sanitary Code. Sandra Starr, R.S. Health Agent ,10RTF� 3? °° BOARD OF HEALTH t s 120 MAIN STREET TEL. 682.6483 �,SSACMUSEt�y NORTH ANDOVER, MASS. 01845 Ext23 February 11, 1994 RE: 13 Main Street, North Andover To Whom It May Concern: On December 27, 1993 , Gayton Osgood of the North Andover Board of Health was called by the North Andover Fire Department to inspect the dwelling located at 13 Main Street, North Andover, Massachusetts. He found that conditions in the building, specifically lack of heat due to frozen and burst pipes, violated sections of the State Sanitary Code, Chapter II, Housing Violations, and created a condition deemed to endanger the health and/or safety of the residents, and declared the dwelling to be uninhabitable. Currently there are still outstanding violations of the building, plumbing and electrical codes which are being corrected and are being monitored by personnel in the Building Department. After all violations have been corrected, and prior to occupancy, an inspection must be done by the Health Inspector to insure that the building meets all specifications outlined in the Sanitary Code. Sandra Starr, R.S. Health Agent NORTH ANDOVER HEALTH DEPARTMENT 120 Main Street • North Andover, MA 01845 Telephone (508) 682-6483, Ext. 32 Housing Inspection Report COMPLAINT # COMPLAINANT ADDRESS OF PREMISES OCCUPANT OWNER 09t OWNER'S ADDRESS DATE OF INSPECTION F-49�a f 7T 5', HOUR PAID ROOMS/VIOLATION: r 1c;7;,9 1A1,,Y IV a fIV14—' " INSPECTOR Form M1-1I8•1 Action Press 6857000 ,�ORTIy 3? ° BOARD OF HEALTH N p r� 120 MAIN STREET TEL. 682-6483 'SSACMUSNORTH ANDOVER, MASS. 01845 Ext23 February 17, 1994 John F. Mangan, Jr. BayBank 7 New England Executive Park Burlington, MA 01803 RE: 13 Main Street. North Andover, MA Dear Mr. Mangan: As Health Agent for the Board of Health in North Andover, I have today inspected the apartments at 13 Main Street which were declared to be inhabitable by Board of Health member, Gayton Osgood, on December 28, 1993 due to frozen pipes and lack of heat. I found that the major violations, ie, burst pipes and lack of heating have been taken care of. There were other violations of the State Sanitary Code, Chapter II in apartments 17-2 and 13-2 . They are as follows: Apartment 17-2: Bathtub very soiled and stained. Light is inadequate in the kitchen sink area. Three holes in the ceiling of the hall. Apartment 13-2 : Screen missing from windows in the siqall bedroom in the front and the bedroom in the rear. Broken pane of glass in the window in the rear bedroom. These violations should be corrected before these two apartments are leased, since it is a violation of .the sanitary code to "let to another for occupancy any dwelling, dwelling unit, mobile dwelling unit, or rooming unit for the purpose of living, sleeping, cooking or eating therein, which does not comply with the p y requirements of 105 CMR 410.000. 11 If you have any questions, please feel free to contact me at the office. Sincerely, Jf Sandra Starr, R.S. Health Agent NORTIy 3� f °`` p BOARD OF HEALTH Y s • i + a ' 120 MAIN STREET TEL. 682-6483 US E�`� NORTH ANDOVER, MASS. 01845 Ext23 February 17, 1994 John F. Mangan, Jr. BayBank 7 New England Executive Park Burlington, MA 01803 RE: 13 Main Street. North Andover, MA Dear Mr. Mangan: As Health Agent for the Board of Health in North Andover, I have today inspected the apartments at 13 Main Street which were declared to be inhabitable by Board of Health member, Gayton Osgood, on December 28, 1993 due to frozen pipes and lack of heat. I found that the major violations, ie, burst pipes and lack of heating have been taken care of. There were other violations of the State Sanitary Code, Chapter II in apartments 17-2 and 13-2 . They are as follows: Apartment 17-2 : Bathtub very soiled and stained. Light is inadequate in the kitchen sink area. Three holes in the ceiling of the hall. Apartment 13-2 : Screen missing from windows in the small bedroom in the front and the bedroom in the rear. Broken pane of glass in the window in the rear bedroom. These violations should be corrected before these two apartments are leased, since it is a violation of the sanitary code to "let to another for occupancy any dwelling, dwelling unit, mobile dwelling unit, or rooming unit for the purpose of living, sleeping, cooking or eating therein, which does not comply with the requirements of 105 CMR 410.000. " If you have any questions, please feel free to contact me at the office. Sincerely, n- Sandra Starr, R.S. Health Agent ,10RTq Of tso 10BOARD OF HEALTH ' t TEL. 682-6483 m 120 MAIN STREET US�t`y NORTH ANDOVER, MASS. 01845 Ext23 MEMORANDUM TO: Board of Health FROM: Gayton Osgood, Member RE: 13 Main Street DATE: December 28, 1993 I responded to a call last evening from the North Andover Fire Department in reference to frozen pipes and a failed heating system at 13 Main Street. At the time of the inspection, I declared the building at 13 Main Street to be uninhabitable. The building should not be occupied until a re-inspection is performed by the Health Inspector. GO/cj p 105 CMR: DEPARTMENT OF PUBLIC HEALTH 410.020: continued Entry Door of a Dwelling means any door of a dwelling which provides access to the common areas of the dwelling from the exterior of the dwelling except that when there are two doors which enclose an entryway between the common areas of the dwelling and the exterior of the dwelling it shall mean either of the doors. Entry Door of a Dwelling Unit means any door of a dwelling unit which provides access to the common areas of the dwelling or access to the outside of the dwelling. Exterior Openable Window means any window designed and installed to open which opens to the common interior areas of the dwelling or to the outside of the dwelling. Exterminate means to eliminate insects and rodents. Garbage means the animal,vegetable or other organic waste resulting from the handling,preparing,cooking, consumption or cultivation of food,and containers and cans which have contained food unless such containers and cans have been cleaned or prepared for recycling. Habitable Room means every room or enclosed floor space used or intended to be used for living,sleeping, cooking,or eating purposes,excluding rooms containing toilets,bathtubs or showers and excluding laundries, pantries,foyers,communicating corridors,closets and storage spaces. Historic building means any building covered by 105 CMR 410.000 which meets the definition of historic building as defined in 780 CMR 3409.0. Infestation means the recurrent presence of insects and/or rodents. Legal remedy means any common law and other rights guaranteed by judicial decision, or the laws or regulations of the Commonwealth of Massachusetts which are intended to protect the rights and interests of the occupants affected by violations of 105 CMR 410.000 whether such provision authorizes an affirmative civil action,criminal penalties,a defense to an action or claim by another. Means of Egress means a continuous and unobstructed path of travel from any point in a dwelling to an abutting public way(See 780 CMR 1002.0). Mobile Dwelling Unit means a dwelling unit built on a chassis and containing electrical, plumbing, and sanitary facilities and designed to be installed on a temporary or permanent foundation for permanent living quarters. Occupant means every person living or sleeping in a dwelling. Owner means every person who alone or severally with others: (1) has legal title to any dwelling, dwelling unit, mobile dwelling unit, or parcel of land,vacant or otherwise,including a mobile home park;or (2) has care,charge or control of any dwelling,dwelling unit,mobile dwelling unit or parcel of land, vacant or otherwise,including a mobile home park,in any capacity including but not limited to agent, executor,executrix,administrator,administratrix,trustee or guardian of the estate of the holder of legal title;or (3) is a mortgagee in possession of any such property;or (4) is an agent,trustee or other person appointed by the courts and vested with possession or control of any such property;or (5) is an officer or trustee of the association of unit owners of a condominium. Each such person is bound to comply with the provisions of these minimum standards as if he were the owner. Owner also means every person who operates a rooming house. Person means every individual,partnership,corporation,firm,association,or group,including a city,town, county or other governmental unit,owning property or carrying on an activity regulated by 105 CMR 410.000. 1/26/07 105 CMR- 1618 105 CMR: DEPARTMENT OF PUBLIC HEALTH 410.480: Locks The owner shall provide, install and maintain locks so that: (A) Every dwelling unit shall be capable of being secured against unlawful entry. (B) Every door of a dwelling unit shall be capable of being secured from unlawful entry. (C) The main entry door of a dwelling containing more than three dwelling units shall be so designed or equipped so as to close and lock automatically with a lock, including a lock with an electrically-operated striker mechanism, a self-closing door and associated equipment. Every door of the main common entryway and every exterior door into said dwelling, other than the door of such main common entryway which is equipped as provided in the preceding sentence shall be equipped with an operating lock. (M.G.L. c. 143, § 3R.) (D) Every entry door of a dwelling unit or rooming unit shall be capable of being secured from unlawful entry. (E) Every openable exterior window shall be capable of being secured. (F) Locking devices shall comply with the requirements of 780 CMR 1017.4.1 to avoid entrapment in the building. 410.481: Posting of Name of Owner BK 9845 P6 7 RELEASE DEED The BOSTON AND MAINE CORPORATION, a corporation duly orlanized and existing under the laws of the State Of Delaware, with offices at iron Horse Park, North Billerica, Middlesex County, Mmachusetts (ale"Grantor') in consideration of Forty Four Thousand Ten and 001100($44,010.00'Dollars paid to it by Barry R.Finegold,ro ttwtise of 0 F REALTY TRUST, under a Declaration of Trust dated January 3,2003 and record in Essex North Registered Land, document nuonber , and hWng.a mailing add sex r s ~ of 38 EsStreet, Andover, Massachomb(the"Grantee,) hereby grants to the Gramme all the Grantor's right, title and Interest, without any warranties or covenants of a pard of land, r.r whatsoever,-in a catartain and the buildings, bridges, structures, , fixtures and improvements thereon, if any, site ih North Andover, County of Etc, Commonwealth of Massachusetts (die "Premises')described as follows: t � r:t awa SEE EXHIBIT"A"ATTACHED HERETO AND MADE A PART HEREOF BY THIS REFERENCE. This conveyance Is subject to the following reservations, conditions, c ovenanls and agreements: 1. This conveyance Is made without granting any right of way, either by necessity or otherwise, over any remaining land or location of the Grantor. c n 2. ireef-fibeis, RIM ,X6 -�, mtew )r to recognize the Telecom 11 A such instrdrimift suitable fb , row 61 11 jm'- work: rr� BK 9845 PG 73 3. , with and subsecitwO to 0%Me of doilveq all this , . Mdudw IM Me tow" day psFW, ftTreeksge0toHn deWrMW aberviened by the OW prop" ef." 4. will S. By the acceptance of this deed and as part consideration therefor, the Grantee hereby assumes any and all agreensr,coven*,obligations end liabilities of the tkantor in=pod to any sraulergrcund facilites,drainage cuWft,walls,=esinp and/or other structures of any nature and description loud in whole or In part within the Promises. 6. By the acceptance of this deed and as part coreideration tl wWw, the Grantee agrees to Indemn ft defend and hold ham the Grantor(including its officers, ems,agents,directors,ceders and sem)tarn and against any and all loss, liabiilty,damage,cost and expense(including reasonable attonMW fees) occasioned by or associated with any claims, suits and/or erfttement actions (Including any administrative or judicial proceedings and any remedial, removal or response mors)ever assertecl,threatened, ink or requested by any person andlor govemmentai agency on account of: (a) any release of oil or ha nrdous materials-or substances of any dation on, upon or Into the Premises-in contravention of any ordinance, law or statute (mcludingf but not lh*W to, the Comprehensive Environmental Response, Compensedion and LiabW Act of 1980 (aa U.S.C.Section 9801,at seq., as ameded);and (b)any and all damage to real or personnel property, natural resource$and/or harm or injury to persons alleged to have resulted from such release of oil or hazardous materials or substances. 7. By the w mi;lance of this deed and as part amslderation therefor, the Grantee hereby agrees to build and forever maintain fends (together with any nedsasry gates), sultablO to the Principal Engines" Qfticrer of the Grantor, along the boundaries of the Promises which are common to remaining land or location of the Grantor (the "Fends"), if Fends are over required in the sole arxi reasonaiie opinion of said Principal Engineering tomer. 2 BK 9845 PS 74 S. Thla conveyance is subject to the fo"ng mon for the benefit of other land or Wow of the Grantor.to wit:OvA from to data of delivery of this deed,the Grantor shell not be liable to the Grandee or any lessee or user of the Premiess(or any part thereof) for any damage to any buildings or Properly upon thern caused by fire, whether c;ommunicstsd directly or indirectly by or from locomotive engines of any description upon the railroad operated by the Grantor,or otherwise. 9. By the acceptance of this deed and as part consideration therefor, the Grantee hereby agrees to make no use of ft Prremmim which, In the sob and reasonable opinion of ttre Principal Engineering 4111cer of the Grantor, adversely o fps, increases segs or dem drainage to,from, upon or in any remaining land or location of the Grantor. The Grantee agrees to indemnify and save the Grantor harmisss from and against any and all Ick,cam,damage or expenes including,but not 11mited to,the cot of defending all clelme anther suits Torr Property dernage, personal Injury or death arising out of or in any way able to any breach of the foregoing covenant. 10. ne Or~ emeple ho i this comysmos my and oil eiverlmd, signal and Ve~- F%F%MUU%a I.—am line w6ft of lars- - land such "ion in their pressit R.4100001-SW O*y upen Its A-0W�� 11. The Grantor hereby reserves a permanent, elusive right of way and easement in, on, over, under, across and through the Premises for the purpose of ac oessing, constructing,ting, installing, operating, maintaining, modifying, repairing, replacing, relocating and removing an eiecft transmission system or other system for transmission of electricity by any means, whether now existing or hereaftsr devised, including such poles, pipes, wires, repeater stations, attachments, appurtenances, structures or other equipment and property of any description rtec;essary or useful for the same (the "Electric Easement"). The Grantor further reserves the right to freely convey, lease, license, mortgage, assign, pledge and otherwise alienate the Electric Easement. 12. V%mw ren used in this deed,the teem"Granton"shall not only refer to ft WWON AND MAINE CORPORATION,but also its successors,erns and affilrrtse and the term "Grantee" shall not only refer to the abov"amed Grantee, but also they GranWs successors, assign and grantees, as the case maybe. 13. The several moons, reservations, conditions, wvwwft and agreements c on h&W In this deed shaa las deemed to run with tit land and be binding upon the Grantee forever. In addition to the acceptance and recording of this deed, the Grantee hereby 919nifles assent to ft said severed excsipdons, reservations, 00ndltions,covenants and agreements, by joining in its execution. 3 a . 8K 9845 PG 7 IN%WNESS WHEREOF,the Wd BOSTON AND VANE CORPORATION hoe caused this release deed to be wwAsd in its name and its coaponft ml to be hereto affbted by David A. Fink, its Chief Exem*m Officer,thereunto duly aultorized this day of October, 2005. GRANTOR: 80ETON AND MAINE CORPORATION � ��✓ F ByJQ . Witness [�ta►id A. k, Chief Encub"Officer R GRANTEE: D F REALTY TRUST Bsrry R. , old, Trugee DEEDS REG 09 E'C 6Ex, (H TA, FEE q- 2 m IP2 4 �. BK 9845 PG 76 COMMONWEALTH OF MASSACHUSETTS P' Middlesex, ss. '� , 2005 On this4a of L) &�, 2005, before me, the undersigned notary public, �6y personally appeared David A. Fink, Chief Executive Officer as aforesaid, proved to me through satisfactory evidence of identifloation, which was a Drivers License, to be the j person whew name is signed on the preceding or.attached document, and acknowledged to me that he signed it voluntarily for Its stated purpose. Notary Public Roland.L.'TWMA My Commission Expires: Notary.Pubk my emmkolon EON August 7,=9 COMMONWEALTH OF MASSACHUSETTS 6. . �. ._ 2005 On this qday of 0&-"'a " , 2005, before me, the undersigned notary public, personally appeared Barry R. Finegbld, as aforesbid, proved to me through satisfactory evidence of identification,which was a Drivers License., to be the person whose name is signed on the preying or attached document, and get to me that he signed it voluntarily for Its stated purpose. N ry Pub' . My Comm ion Expires: NNW NN II �a BK 9845 PG 77 ZXU*A A certain parcel of lam in the Town of North An&W,is EM may,in f C.omamw a th of Mae chnsetts,being put off the%$W sod Mauro of W ��� lcrrown Way �the Lavvtance Branch.�'hro l is awn on a Pian prepared by &girroW%and Surveying UMM of 70$airy COW an Haverhiiid MA tiW"Lend in North Andover,MA;Berman and Maine Cin,to DF idly That Scale 1"=10'; Bate:SMImber 260 2005"and bang mm qpWMWMy dnUibed 0: Big at file north east Com'of the 1 on the Vii • 1 y ffide of Main Stnoct emd the na'x't miy d&of the rwime right of way,thma; WON'00"W'54.03',*=M Welly along a M hail carve hav*a radial of 1,150.95',a length of 52.08',thence; N00029150"E 54.001, E Y alaq a r4*hand can haft a tndiue of 1,2o4.95,,a ' pointoffbegmg, of 56.b0 to the This parcel hes an arm of 2.934 Wm fmL Being a portion of the premises conveyed by Jesse Sargent to the Essex Rail Road Corporation dated May 27, 1856, recorded with the 88aex South District Registry of Deeds in Book 532, PAge 29.