HomeMy WebLinkAboutMiscellaneous - 181 PLEASANT STREET 4/30/2018I ?
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UNITED STATES POSTAL SERVICE
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Official Business .�
PENALTY FOR PRIVATE
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OF POSTAGE, Ma,,.
Print your name, address and ZIP Code here
.�^NTBOARD Of HEALTH
1 7n • 1 `�r r -T
f�,R, i ,;i. 0 1845
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y Complete items 1 and/or 2 for additional services.
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-o 3. Article Addressed to:
4a. Article Number
a Mr. Alan Bauer
Z 115 794514
E 216 Foster Street
p
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El Registered El Insured
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ti North Andover, MA 01845
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PS Form 3811, December 1991 *U.S.GPO:1993-352-714 DOMESTIC RETURN RECEIPT
1. -
III § 126 PUBLIC HEALTH
§ 126. Location of privy vaults
If the city council of a city, or a town having a population of
more than one thousand, accepts this section, or has accepted corre-
sponding provisions of earlier laws, no privy vault shall be construct-
ed upon premises connected with a common or private sewer or abut-
ting on a public or private street, court or passageway in which there
is a common sewer opposite thereto, without permission in writing
having first been obtained from the board of health. And if, in the
opinion of said board, a privy vault so situated is injurious to the
public health, it shall declare the same a nuisance and forbid its con-
tinuance, and the three preceding sections shall apply thereto.
§ 127. Regulations relative to house drainage
The board of health of a city or town may make and enforce reg-
ulations for the public health and safety relative to house drainage
and connection with common sewers, if such a sewer abuts the estate
to be drained. Master plumbers and journeymen licensed under chap-
ter one hundred and forty-two shall be exempt from any such regula-
tion relative to license qualifications, but shall be subject to all other
regulations. Whoever violates any such regulation shall forfeit not
more than one hundred dollars.
Amended by St.1937, c. 339; St.1963, c. 148, § 2.
§ 127A. State sanitary code; adoption; enforcement; jurisdic-
tion; speedy trial
Said department shall adopt, and may from time to time amend,
public health regulations to be known as the state sanitary code,
which may provide penalties for violations thereof not exceeding
five hundred dollars for any one offence. Said code shall become ef-
fective and have the force of law upon filing with the state secre-
tary or at such later date as may be specified by the department.
The code shall deal with matters affecting the health and well-being
of the public in the commonwealth in subjects over which the de-
partment takes cognizance and responsibility, including, but not lim-
ited to, standards of fitness for human habitation, housing and sani-
tation standards for farm labor camps, standards for recreational
camps for children, and sanitation standards for food service estab-
lishments; provided, however, that single -purpose classes, workshops,
clinics or programs sponsored by municipal recreation departments,
or neighborhood playgrounds designed to serve primary play inter-
ests and needs of children, as well as affording limited recreation op-
portunities for all people of a residential neighborhood, whether su-
pervised or unsupervised, located on municipal or non -municipal
property, whether registration is required or participation is on a
950
NUISANCES 111 § 127B
drop-in basis, shall not be deemed to be recreational camps for chil-
dren. Nothing contained in the code shall be in conflict with any
general or special law. This section shall not be deemed to limit the
right of any board of health to adopt such rules and regulations as,
in its opinion, may be necessary for the particular locality under its
jurisdiction; provided, such rules and regulations do not conflict
with the laws of the commonwealth or the provisions of the code.
Said code may provide for the demolition, removal, repair or clean-
ing by local boards of health and, in the cities of Boston and
Worcester, by the commissioner of housing inspection, of any struc-
ture which so fails to comply with the standards of fitness for hu-
man habitation or other regulations in said code, as to endanger or
materially impair the health or well-being of the public. Said code
or a supplement thereto shall designate those conditions which,
when found to exist upon inspection of residential premises, shall be
deemed to endanger or materially impair the health or safety of per-
sons occupying the premises. This designation shall not be con-
strued at prohibiting an inspector or other authorized person from
certifying that any other violation or combination or series of viola-
tions of said code or other applicable laws, ordinances, by-laws, rules
or regulations may endanger or materially impair the health or safe-
ty of said persons when such certification is otherwise appropriate.
Local boards of health shall enforce said code in the same man-
ner in which local health rules and regulations are enforced, but, if
any such local boards fail after the lapse of a reasonable length of
time to enforce the same, the department may in like manner en-
force said code against any violator. The superior court shall have
jurisdiction in equity to enforce the provisions of said code and any
actions brought to enforce said provisions shall be advanced for
speedy trial.
Added by St.1965, c. 898, § 3. Amended by St.1971, c. 261; St.1973, c.
880; St.1975, c. 706, § 174; St.1978, c. 104; St.1979, e. 380, § 1.
§ 127B. Dwellings unfit for human habitation; order to vacate
or to abate nuisance; removal of occupants; demo-
lition expense, lien; inspection reports; code viola-
tions; notices; enforcement proceedings, jurisdic-
tion; appeal
Upon a determination by the board of health, or, in the cities of
Boston and Worcester, by the commissioner of housing inspection,
after examination as provided in said code, that a building, tene-
ment, room, cellar, mobile dwelling place or any other structure (a)
is unfit for human habitation, (b) is or may become a nuisance, or
(c) is or may be a cause of sickness or home accident to the occu-
951
g Town of North Andover Cf 40 o' ",ti
OFFICE OF
COMMUNITY DEVELOPMENT AND SERVICES A
146 Main Street
KENNETH R. MAHONY North Andover, Massachusetts 01845 9sSncHUSE�
Director (508) 688-9533
HEALTH DEPARTMENT ORDER
Issued under the provisions of
The State Sanitary Code, Chapter II
105 CMR 410.000
Date: April 5, 1995
An authorized inspection was made of your property at the above
address on March 23, 1995 at 11:00 P.M.
This inspection revealed violations of certain regulations of the
State Sanitary Code, Chapter II and the State Building Code, as
listed on the attached violation form.
You are hereby ORDERED to correct these violations as specified
from the date of service of this order.
violations 1,2 - within 24 hours
violations 3 - 14 within 7 days
Failure to comply with the allotted time period may result in
criminal complaint against you in the Lawrence District Court and
may result in an assessment of a fine.
You have a right to request a hearing before the Board of Health if
you feel this order should be modified or withdrawn. This request
must be made by you in writing within seven (7) days after this
order was served. If you request a hearing, 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. The petitioner has the right to be represented at the
hearing.
Susan Y. Ford
Environmental/Health Inspector
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
Julie Parrino D. Robert Nicetta Michael Howard Sandra Starr Kathleen Bradley Colwell
r
6.
7.
8.
9.
10.
11.
Page 3
believed to be asbestos,
flaking and not sealed
properly
professional must be
contracted to seal or
eliminate hazards
Windows without screens
in living room and
kitchen. At least seven
Supply screens for these
windows.
Hot water supply
inadequate in quantity
for occupants.
water heater should
supply adequate amount of
hot water for the of
people living in the
apartment. Adjust boiler.
Overhead light in
downstairs bathroom not
working
repair
Breaker panels in basement
not marked.
Must be marked
Cellar Lights hanging
against code
Repair as prescribed by
the electrical code
Lock not allowed on door
which may prevent tenant
access to electrical box
in basement
Remove lock from door
in cellar
CMR 410.551
CMR 410.180
Building Code
Article 240-83
Building Code
Article 410-4d
Building Code
Article 240-24b
Building Code
DATE OF ORDER: April 5, 1995
TO: LOCATION:
Mr. Alan Bauer 181 Pleasant Street
216 Foster Street North Andover, MA 01845
North Andover, MA 01845
_VIOLATION TO BE CORRECTED NO LATER THAN SEVEN (7) DAYS OF THIS
ORDER LETTER.
VIOLATION REGULATION
1. Front stairway - light CMR 410.254
fixture inoperable.
Bulbs look to be broken
off in fixture.
repair fixture and
replace bulbs
2. Porches - no protective CMR 410.503
railings at the required
height of 36 inches.
Front measures 29 inches
Rear measures 28 inches.
Front - replace windows
or provide railings to
the required height
Rear - railings must be
added to the required
height
3. Front door difficult
to open.
- repair knob assembly
4. Basement - no handrails
along stairs leading to
the basement.
- Install handrails along
stairs in basement.
5. Furnace and a few
overhead pipes in
basement with material
CMR 410.480
CMR 410.503(A)
CMR 410.353
REINSPECTION
Page 4
12. No ground fault circuit
interrupters in bathroom
- install GFCI were needed
13. Dryer not in compliance
with the electrical code
- Disconnect dryer
receptacle
14. Placque indicating
identification of owner
not found
- Must be posted visibly, 20
squares inches minimum in
size with all required
information
s
Article 210-8a(i)
Building Code
Article 338-3b
CMR 410.480
�s:►�r KAREN H.P. NELSON
BUnMING
CONSERVATION
. _ REALTH
PLAT NNG
MEMORANDUM
TO:
Board of Health
_
ATM
�,d.....
{ `-..:] � 'y �g _ ••; /�. � M i�Y ..i' _
Towoil
n
FROM:
-�*
�
NORTH ANDOVERDIVESM
DA-=.
mar=.' 34, 19955
OF
PLANNDiG &. COMNIL71VITY DEVELOPMENT
2nd Floor Apartsent
An inspection was performed at su-tject location and the following
violations were found:
jja�-���.1 I-; ! ec-f Rca/ Cock' �
=-an hallway fixtures not working;
. _�
`y—._""mow
Cve--haad light in tathroom (downstairs) not workings
•-:2_. _.r.1,�V.YL.��ie � ..
;€ip
MEMORANDUM
TO:
Board of Health
_
Attns Susan Ford, bnspec:ar
FROM:
-Taves DeCola. Electrical Inspector
DA-=.
mar=.' 34, 19955
RE:
13 rlaasant Streas
2nd Floor Apartsent
An inspection was performed at su-tject location and the following
violations were found:
jja�-���.1 I-; ! ec-f Rca/ Cock' �
=-an hallway fixtures not working;
Cve--haad light in tathroom (downstairs) not workings
__.
�3.
Mark breaker panels in basesent;Aefi;c1-C 31340-93
4,
Repair. cellar lights; }42t&'cJe- 'V-/0-VA
5
Disconnect dryer receptacle: 01-je+; e, 30'--3b Aye_,Ay
A2'«
S.
Ramove lock from door in cellar between sides;
7.
Install GFCI receptacle in bathrooms. '0'f2t,'C(e
^
�✓��a'fi �i' [ir(ry i�' if1�CK�q �tf #.°fj .
810g. Inspec.ar
OF WORTH ,�
KAREN H.P. NELSON
Director Town of 120 Main Street, 01845
BUILDING
NORTH ANDOVER (508) 682-6483
CONSERVATION ,Ss�CHUgE4 DIVISION OF
PLANNING PLANNING & COMMUNITY DEVELOPMENT
OF HEAL
MEMORANDUM
TO: Board of Health
Attns Susan Ford, Inspector
FROM: James DeCola, Electrical Inspector
DATE: March 24, 1995
RE: 18 Pleasant Street
2nd Floor Apartment
An inspection was performed at subject location and the following
violations were found:
1. Front hallway fixtures not working;
2. Overhead light in bathroom (downstairs) not working;
3. Mark breaker panels in basement;
4. Repair cellar lights;
5. Disconnect dryer receptacle;
E. Remove lock from door in cellar between sides;
7. Install GFCI receptacle in bathrooms.
JD:gb
c/R. Nicetta, Bldg. Inspector
Imo- acs.
A/�
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v�-19+ �Lslp� 1 -
New Total:
ATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
El -
NORTH ANDOVER HEALTH DEPARTMENT
120 Main Street 0 North Andover, MA 01845
Telephone (508) 682-6483, Ext. 32
Housing Inspection Report
COMPLAINT #
COMPLAINANT L'y% tr'
ADDRESS OF PREMISES IE
OCCUPANT
OWNER A / avi f3a.vel-
OWNER'S ADDRESS a` I L Ens-ff-r :5','f• A-).
DATE OF INSPECTION Z 2 .S HOUR l / %D -D
ROOMS/VIOLATION:
43, 43
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INSPECT
Form #HIR -1 Action Press 885.7000
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BOARD OF HEALTH
120 MAIN STREET
NORTH ANDOVER, MASS. 01845
COMPLAINT FORM
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TEL: 682-6483
Ext. 32 or 33
OWNER: Gul.&) 1c
ADDRESS:
ACTIONS:
DATE OF INSPECTION:
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,ZM;CQNSUME
R WATCH
� iitihued from Page Al
`Court`.agreed. Many observers regard this as the
firsi major land -use case in the modern era in
Z'.Aieh.'a property owner prevailed in arguing a
'-I.c6ndition imposed on the land was, in effect, a
2'11ta6*4' of land by the government.
, : The Lucas case advanced the argument fur -
THE BOSTON SUNDAY GLOBE • MARCH 12, 1995
Te impact- on property owner
hLucas purchased land on the South Carolina
"Coast to develop homes. After the purchase, the
t.South' Carolina Coastal Council enacted a by-law
"re'str`icting building on sand dunes. Because this
::zoning regulation prohibited "all economically
f bi fieficiai use" of Lucas' land, the United States
Supreme Court ruled it a "taking," and that Lucas
waS entitled to be compensated.
'The rights of property owners have also been,
ning strength with lawmakers. Last week, the
gai
Howse- of Representatives approved the Private
;.Property Protection Act of 1995 which would re-
„gt1ir0 that if there is greater than a 20 percent
;loss of property value due to Federal environmen
tai'daws, the owner must be compensated. This bill
`,now goes on to the Senate.
Yn Massachusetts, Chief Justice Robert V.
',Cauchon is expected to issue his decision in the
Lopes vs. the City of Peabody case. Lopes was
first heard in Massachusetts Land Court, ap-
pealed to the Massachusetts Supreme Judicial
Court and then the US Supreme Court. The US
Supreme Court overturned the lower Court's de-
nial and returned the case to the Massachusetts
Supreme Court. Lopes elected to have the case
heard in Land Court.
In 1981, Americo Lopes bought one-quarter
acre of vacant land on Devil's Dishfull Pond in
Peabody. Six years earlier, the Peabody Conser-
vation Commission had passed a by-law prohibit-
ing building below an elevation 88.5 feet above sea
level. Based on that regulation, Lopes was denied
the right to build on the lot.
Kayden feels that the Lopes and Lucas deci-
sions are wake-up calls for government.
"It is the government regulators, environmen-
talists and land -use planners versus developers,
small land owners and builders who believe regu-
lation has run amuck, and its time to stop it," said
Kayden. When asked if there was a more sensible
way of protecting wetlands and preserving open
space, Kayden responded, "The tough question al-
ways comes when there is no other way to do it
(protect wetlands and preserve open space), then
the question becomes who should pay for it ...
It's no longer sufficient for government to say it is
in the public interest and good enough for us. It
has to be good enough for the property own,
Cauchon, addressing the February meeti
.the Massachusetts Chapter of NAIOP sun
the issue like this: "All property may be regu
to a certain extent ... but if a regulation go(
far, it will be recognized as a taking and v
compensated."
Judge Cauchon added that when govern
agencies adopt restrictions, "most assum(
they are automatically constitutional. Mos -
sons do not say, `Gee, I think that the legis
didn't know what they were doing' ... G
ment has the right to take property, but it
reasonable to impose on landowners a disp
tionate burden. Is it fair that a landowner c
the land or does the town want to pay fc
land? ... If a city or town adopts a regulati(
constitutes a complete taking, it can't say
just the way it is."
Many observers agree the courts have r
preted the public good in recent decisior
made it clear the use and profit of property
owner must be considered in the equation
termine the public good.
Although legal experts concede mor(
must be decided both at the state and fede
els, just how far. the pendulum is likely to s'
the property owner is likely to be decided
courts.
Z1115 794 514
Receipt for
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cosru sorv�
(See Reverse)
Sent to
Street and No.
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P.O., State and ZIP Code
Nn- Anclover,
01845
Postage
$ 2.52
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
to Whom & Date Delivered
Return Receipt Showing to Whom,
Date, and Addressee's Address
TOTAL Postage
& Fees
1
Postmark or Date
sent 4/6/95
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�r LAW`
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BOARD OF HEALTH
120 MAIN STREET
NORTH ANDOVER, MASS. 01845
HEALTH DEPARTMENT ORDER
Issued under the provisions of
The State Sanitary Code, Chapter II
105 CMR 410.000
TO:
Mr. Alan Bauer
216 Foster Street
North Andover, MA 01845
Date: April 5, 1995
TEL. 682-6483
Ext23
LOCATION:
181 Pleasant Street
North Andover, MA 01845
An authorized inspection was made of your property at the above
address on March 23, 1995 at 11:00 P.M.
This inspection revealed violations of certain regulations of the
State Sanitary Code, Chapter II and the State Building Code, as
listed on the attached violation form.
You are hereby ORDERED to correct these violations as specified
from the date of service of this order.
violations 1,2 - within 24 hours
violations 3 - 14 within 7 days
Failure to comply with the allotted time period may result in
criminal complaint against you in the Lawrence District Court and
may result in an assessment of a fine.
You have a right to request a hearing before the Board of Health if
you feel this order should be modified or withdrawn. This request
must be made by you in writing within seven (7) days after this
order was served. If you request a hearing, 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. The petitioner has the right to be represented at the
hearing.
Susan Y. Ford
SYF/cjp Environmental/Health Inspector
DATE OF ORDER: April 5, 1995
TO: LOCATION:
Mr. Alan Bauer 181 Pleasant Street
216 Foster Street North Andover, MA 01845
North Andover, MA 01845
VIOLATION TO BE CORRECTED NO LATER THAN SEVEN (7) DAYS OF THIS
ORDER LETTER.
VIOLATION REGULATION
fk'-"� Front stairway - light CMR 410.254
fixture inoperable. oI/"
Bulbs look to be broken l�
off in fixture.
- repair fixture and
replace bulbs
2. Porches - no protective CMR 410.503
railings at the required
height of 36 inches.
Front measures 29 inches
Rear measures 28 inches.
Front - replace windows
or provide railings to
the required height
Rear - railings must be
added to the required
height
3. Front door difficult CMR 410.480
to open.
- repair knob assembly
4. Basement - no handrails CMR 410.503(A)
along stairs leading to
the basement.
- Install handrails along
stairs in basement.
5. Furnale and a few CMR 410.353
overhead pipes in
basement with material
REINSPECTION
Page 3
believed to be asbestos,
flaking and not sealed
properly
- professional must be
contracted to seal or
eliminate hazards
6. Windows without screens
in living room and
kitchen. At least seven
Supply screens for these
windows.
a' Hot water supply
inadequate in quantity
for occupants.
water heater should
supply adequate amount of
hot water for the of
people living in the
apartment. Adjust boiler.
vs. Overhead light in
downstairs bathroom not
working
- repair
9. Breaker panels in basement
not marked.
Must be marked
J,,J�06. Cellar Lights hanging
against code
Repair as prescribed by
the electrical code
�1. Lock not allowed on door
which may prevent tenant
access to electrical box
in basement
- Remove lock from door
in cellar
CMR 410.551 a
4L
JA
CMR 410.180
Building Code
6 '
Article 240-83
Building Code
Article 410-4d
Building Code
OK
Article 240-24b
Building Code
Doe. c a,-�� e s v-t�--
Page 4
No ground fault circuit Article 210-8a(i) (C
interrupters in bathroom Building Code
i
install GFCI were needed C- IL)
�
13. Dryer not in compliance Article 338-3b ��/U,3 5
with the electrical code
Disconnect dryer� J4 G � S %\
receptacle ao' r Ov+ a. Ve.�o� s� �' ( 1
e.,'7 aM;t'�" X 5 1- Y c f a V c'v'k
14. Placque indicating CMR 410.480
identification of owner
not found
- Must be posted visibly, 20
squares inches minimum in
size with all required
information
i -J
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a j Je"I
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