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Miscellaneous - 19 SECOND STREET 4/30/2018 (2)
-19 SECOND STREET 210/030.0-0036-0000.0 s t i 1 TIMOTHY P. HOUTEN Attorney at Law One Central Street Suite 201 Middleton,MA 01949 (978)774-0646 FAX(978)774-2077 d � � P LEAD INSPECTIONAL SERVICES, INC. ✓�l - Servicing All of Massachusetts - LETTER OF FULL DELEADING COMPLIANCE Date: July 17, 2000 Dear Paul&June Thornton: This letter is to certify that I re-inspected your property located at 19 Second Street, apartment no. N/A, and relevant common areas, in the City or Town of North Andover, for full deleading compliance on July 16, 2000, and on that date those surfaces cited in the initial inspection report of July 13, 1999 were found to be in full compliance with Massachusetts General Laws, Chapter 111, Section 197, and 105 CMR 460.000: Regulations for Lead .Poisoning Prevention and Control. Dust samples were taken and found to be within acceptable limits. Massachusetts law does not require the abatement or containment of all residential lead paint. The residential premises or dwelling unit and relevant common areas shall remain in compliance only as long as there continues to be no peeling, chipping or flaking lead paint or other accessible leaded materials, as long as coverings and/or encapsulants forming an effective barrier over such paint or other leaded materials remain in place, and as long as surfaces reversed to correct lead hazards remain reversed and securely in place. The law grants you a 30-day maintenance period to repair deteriorated lead paint or detached coverings over such paint, and to clean up, during which time this Letter remains valid. The reverse side of this letter indicates the authorized person(s) who performed deleading on the property and a general summary of the methods used. A complete reinspection report is attached to this letter, which specifies how and on what date each surface was brought into compliance. Do not lose these documents. To the best of my knowledge, the cost of the legally required deleading is$11,800.00. Sincerely, Gary O rciello DPH License No.M3169 137 Beacon Street®Lawrence, MA 01843 Phone 617-737-2514.978-685-4172 s Fax 978-685-9062 I • K INSPECTION AND FULL COMPLIANCE HISTORY Initial inspection done on: July 13, 1999 by Gary Marciello–Lic#M3169 Reoccupancy reinspection, if needed, done on: N/A by N/A Final Deleading reinspection done on:July 16, 2000 by Gary Marciello–Lic#M3169 Deleading Contractor: The Aulson Company, Inc.–License No. DC1480 Deleading methods: Scraping Demolition Power sanding Caustics Heat gun Replacement . Covering Liquid encapsulation Other: Work was done in the following rooms: All Work was done on the following types of components: Start Date: 06/07/00 Finish Date: 07/16/00 Cost: $11,800.00 Lead-safe renovator: License#: Moderate risk owner/agent: Auth.#: Deleading Methods: Replacement Making intact(interior) Making intact(exterior) Covering Liquid encapsulation Work was done in the following rooms: Work was done on the following types of components: Start Date: _/_/_ Finish Date: / / Cost: $ (Doesn't include owner's labor) Low-risk owner/agent: Authorization#: Deleading methods: Covering Liquid encapsulation Capping baseboards Replacement(ONLY doors, cabinet doors, shutters, shelves not Affixed, drawers,windows on hinges) Work was done on the following rooms: Work was done on the following types of components: Start Date: —I—/— Finish Date: / / Cost: $ (Doesn't Include Owner's Labor) Grant, Michele From: 1 Jackson <mamaj_4@yahoo.com> Sent: Thursday,July 09, 2015 1:09 PM To: Grant, Michele Subject: 19 second st FYI,they are here putting in the electric for the baseboards in the room that needs heat.The fixed the light In the hall yesterday. Sent from my Whone 914-115 A 4 L F pORTF� '9 � BUILDING PERMIT TOWN OF NORTH ANDOVER ^' APPLICATION FOR PLAN EXAMINATION Permit NO: 0 d Date Received '� 9 `7 � 79SS ATIO .P��•(y i Date Issued: IMPORTANT:Applicant must complete all items on this page LOCATION PROPERTY OWNE MAP NO: PARCELfd uH ZONING DISTRICT: Historic District —_ Machine Shop Villageyes 6no TYPE OF IMPROVEMENT PROPOSED USE Residential Non- Residential ❑ New Building ❑ One family ❑Addition ❑Two or more family ❑ Industrial ❑Alteration No. of units: ❑ Commercial la'Repair, replacement ❑Assessory Bldg ❑ Others: Ne6emolition ❑ Other ❑ Septic ❑Well ❑Floodplain ❑Wetlands ❑ Watershed District n❑Water/Sewer 200 s& F7 e lq- �� �'a o Q,6 No. 1 Location ,"1 •.�� all OWNER: Name: J U KLF, 4a- 1 Date Address: CONTRACTOR Name: • , TOWN OF NORTH ANDOVER Address I • S7 -nv. ' Certificate of Occupancy $ r Supervisor's Construction Licen) ' Building/Frame Permit Fee $ Home Improvement License: Foundation Permit Fee $ Other Permit Fee $ TOTAL $ ARCHITECT/ENGINEER Address: FEE SCHEDULE.BULDING PERMITI Check it Vr Total Project Cost: Z/<11 5 2842 Check No.: --6Building Inspector NOTE: Persons contracting wit Signature of Agent/Ownef____� - Signature of contractor �' North Andover Board of Assessors Public Access Page 1 of 1 a µ0R7,4 11143 n O K �"><7. VFth R ovew of Return to the Home page click on logo MATCHING PARCELS Fiscal parcel ID Address Owner Name Year New Search 19-25 SECOND THORNTON,JUNE Sales 2008 210/030.0-0036-0000.0 STREET G 2008 210/030.0-0004-0000.0 18-24 SCHOOL THORNTON,JUNE STREET G Page: 1 of 1 1 http://csc-ma.us/NandoverPubAcc/j sp/SaveSearch.j sp 6/13/2008 Complaint Listinz Report by Address Printed On:Fri Jun 13,2008 Address Map Block Lot District Complaint No. Status Category Rccvd.On Recorded By Last Edited Complaint 18-18 SCHOOL STREET 030.0 0004 CT-2003-000004 Closed Rats Apr-30-2003 Pamela DelleChiaie May-30-2003 4/30/03: Ms.Patricia Altman called at 4:45 p.m.Last night,and was at the counter waiting for me at 8:20 a.m.This morning regarding her 2nd complaint of rats on school street. This is the area behind Dunkin Donuts and China Wok off of Main Street. The first complaint was filed on March 112003,and was passed on for investigation,but but I did not receive any written follow-up information on it. The gate around the dumpster was replaced,but a car has since backed into it. The trash is all over the ground again. The rats have moved beyond the dumpster,through the fence, and Ms.Altman witnessed four(4)large sized rats running through her backyard yesterday. Ms.Altman's landlord,Ms.June Thornton also left a message on the answering machine this morning regarding the rats. Her daughter,Kelly Chasse lives on the other side of Ms. Altman. Her number is:978-682-8310. --p.d. 030.0 0004 CT-2006-000031 Closed Housing Issues&Rats Apr-05-2006 Pamela DelleChiaie Aug-29-2006 Received a call from Tara Higgins,the current tenant of#20 School Street. She has occupied this apartment since March 2005. She pays$1,100 per month,and pays on time. Twice she was a few days late,and landlord sent notice to quit,but then withdraws when she gets paid. Landlord is June Thornton:978.682.8310. j There are several housing issues to be addressed that have not been taken care of by the landlord,despite being told of them verbally on several occasions: 1.-Rats-There are rats living in the walls somewhere in Ms.Higgins back entry hallway where the laundry facilities are. One rat ran across her foot. 2.-Heat-All winter long there have been heating issues when the temp.Was below zero,the heat would not go above 58 degrees. The landlord told Ms.Higgins she over-used the heat,and was throwing it off. 3.-Electrical-The fuses to the electrical plugs blow out at least once a week,and tenant must contact landlord each time to reset,as all the panels are located in the basement which is not accessible by tenants(locked from inside). 4.-Structure-In the dining area,there is a ceiling fan mounted on a beam. The whole ceiling is sloping,perhaps from the weight of the ceiling fan?,and looks unsafe/unstable. 5.-Stairs/Safety-The stairs inside are old and worn,and slippery,not carpeted. Please call the tenant to schedule an appointment to inspect the apartment. --pfd 030.0 0004 CT-2005-000053 Closed Rats \4ay-23-2005 Pamela DelleChiaie Feb-22-2006 Ms.June Thornton of 18-24 School Street called to complain about a rat problem reoccuring in her area. The cause of this is believed to be the dumpster maintained at the rear of the Main Street Dunkin Donuts in downtown North Andover. The China Wok is next to this Dunkin Donuts. The dumpster permit is maintained by them. i The dumpster lid is not closed al the time,and rats have come up into the neighborhood,into the yards. I I Please follow-up with the dumpster permit holder,and call Ms.Thornton at 978.682.8310 to follow-up. ADDRESS(SCHOOL STREET)TOTAL:3 Complaints GRAND TOTAL:3 Complaints 1 GeoTMS®2008 Des Landers Municipal Solutions,Inc. Page 1 of 1 -19 SECOND STREET 030.0-0036 Complaint Detail Report Printed On:Fri Jun 13,2008 Complaint#: !CT-2008-000053 jStatus. In discovery GIS#: 11437Violator: THORNTON,JUNE G ,,onrM Address: ;-19 SECOND STREET Map: 030.0 Address: 22 SCHOOL STREET oa ; °oma Date Recvd.: Jun-13-2008 Time Recvd.: 11:32 AM Block: 0036 NORTH ANDOVER,MA 018 Category: Housing Lot: Type: Residential GeoTMS Module: Board of Health District: Trade: Recorded B Pamela DelleChiaie Zoning: Structure: ''SACHUSE< Y g Description: Complaint: Received a call from Mark Brazeau,21 Second Street,a tenant at will. Landlord is June Thornton who owns 19-25 Second Street apartments. Mr.Brazeau works nights/p.m.-7 a.m.,and can be reached during the day at:978.208.7209. He has been a tenant here for two years. He pays the rent every two weeks per agreement with landlord. He is up to date on rent. 1. Front door-can not get out-handle is broken. 2. Back door-does not lock at all. 3.Water leak from tub happened awhile back. This leak was fixed,but the tiles that the leak ruined were never replaced. They are stained and moldy looking. These are dropped ceiling tiles in the kitchen(3 of them). 4. Windows: 1 bedroom-2nd floor-window does not stay up,and must be propped open by a stick. 1 living room-same thing. Worries re:safety of 9 year old y daughter. . Please investigate housing code violations. �mments• — Callers Date Time Name Phone Best Time To Reach Recorded By Response Jun-13-2008 11:32 AM Mark Brazeau (978)208-7209 Q Daytime(works nights) Pamela DelleChiaie Follow-Up by Health Inspector Actions Taken GeoTMS Module Status Date Time Response Type Action Taken Comments Board of Health REFERRAL GeoTMS®2008 Des Lauriers Municipal Solutions, Inc. Page I of 1 . Q Town of North Andover , M°RTH Office of the Building Department �? °�'� °p Community Development and Services Division 27 Charles Street "`°+ meqq• North Andover,Massachusetts 01845 'SsACHUS D. Robert Nicetta Telephone(978)688-9545 Building Commissioner Fax (978)688-9542 November 29,2001 Ms June Thornton 22 School Street North Andover MA 01845 Re: 19 Second Street Dear Ms. Thornton: An authorized inspection was made of your property at the above address by the Electrical Inspector on November 27,2001. The Board of Health Notice,dated,November 1,2001 cites violations of electrical problems in this unit, (Regulation 410:351). After performing an electrical inspection the following violations need to be repaired: ➢ The extension cord in the bathroom light fixture needs to be removed. ➢ The receptacle in the bathroom needs to be removed from the lighting circuit and needs to be GFCI protected. ➢ The receptacle in the front bedrooms needs to be tightened. ➢ All light fixtures need to be check out for correct wiring and bulbs replaced. ➢ The circuit panel needs to be marked for identification of circuits. The above work must be done by a licensed electrician after obtaining an electrical permit from the Building Department. Sincerely your, James DeCola,Electrical Inspector cc: Tenant BOH Building Commissioner Building Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: November 1, 2001 To Owner of Record: Property Location: June Thornton 22 School Street 19 Second Street North Andover, MA 01845 No. Andover, MA An authorized inspection was made of your property at the above address by North Andover Health Department personnel on November 1, 2001. 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 allotted time period may result in a criminal complaint against you in the Lawrence District Court and may result in an assessment of a fine. You have the right to request a hearing before the Board of Health if you feel this 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 also have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Sandra Starr,R. S., C.H.O. Public Health Director VIOLATIONS TO BE CORRECTED NO.LATER THAN SEVEN (7) DAYS FROM RECEIPT OF THIS ORDER LETTER: VIOLATION REGULATION REINSPECTION 1. Ceiling panels over sink show water 410.500 stains from leak. • Water damage is apparent around bathtub on second floor—floor is spongy, which indicates possible rot. - Every owner shall maintain ...floors,..ceilings ' ...free from chronic dampness...in good repair and in every way fit for the use intended. 2. Stair rail going to second floor is loose 410.503 - The owner shall provide a safe handrail for every stairway that is used or intended for use by the occupants. 3. Walls above bathtub are breaking down, 410.504 cracked and bare surface in spots. - The wall areas above built-in bathtubs... shall be covered by a smooth, noncorrosive, nonabsorbent waterproof material to a height of not less than six feet. i 4. Back porch appears to be connected to 410.500 &452 dwelling by a single nail/bolt and is un painted and not otherwise sealed. i 5. Occupant complaint about the frequency 410.351 of bulb burnouts and explosions. The owner shall install in accordance with accepted ....electrical wiring standards, and shall maintain free from...defects the following: (A) ...all electrical fixtures, outlets and wiring. �a This report has been forwarded for action to the electrical inspector and the building inspector. rr Also, included is an informational form on the"Legal Remedies for Tenants of Residential F Housing." ! Cc: Tenant i Property owner i BOH Electrical Inspector Building Inspector File Town of North Andover Office of the Health Department Community Development and Services Division 27 Charles street .Z--. a" North Andover,Massachusetts 01845 �'ss•►c14U t Sandra Starr Telephone(978)688-9540 Public Health Director Fax(978)688-9542 Letter Of Compliance DATE: January 24,2003 TO OWNER OF RECORD PROPERTY LOCATION June Thorton 19 Second Street 22 School Street No.Andover, MA 01845 North Andover,MA 01845 A Health Department ORDER LETTER dated November 1,2001 was issued to you as owner of record of the property listed above citing violations of the State Sanitary Code, 105 CMR 410.000,Minimum Standards of Fitness for Human Habitation. A re-inspection of the property has found that all of the violations noted on the Order Letter have been corrected. The Health Department would like to thank you for your cooperation. Sincere 11 Z� $r�ian J.LaGrasse Health Inspector Cc: File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535" ,; J� ���� � r�Xs Z 370 627 485 US Postal Service jQ�eccxt s Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to Jan LInr- crn��! Street&Numa S-'A O Q 1 Post Otfice,State,& IPC e Postage $ Certified Fee Q Special Delivery Fee Restricted Delivery Fee LO rn Return Receipt Showing to O Whom&Date Delivered Zi ReW Receipt Stawq to Whom, Q Date.d Addressee's Address 0 TOTAL Postage&Fees $ '31 9 Postmark or Date LL a Stick postage stamps to article to cover First-Class postage,certified mail fee,and charges for any selected optional services(See front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service a window or hand it to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the Q) return address of the article,date,detach,and retain the receipt,and mail the article. cc LO 3. If you want a return receipt,write the certified mail number and your name And address rn on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article a RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the C addressee,endorse RESTRICTED DELIVERY on the front of the article. M 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. ti 6. Save this receipt and present it if you make an inquiry. 102595-99-M-0079 a NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code, Chapter 11, Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: November 1, 2001 To Owner of Record: Property Location: June Thornton 22 School Street 19 Second Street North Andover, MA 01845 No. Andover, MA An authorized inspection was made of your property at the above address by North Andover Health Department personnel on November 1, 2001. 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 allotted time period may result in a criminal complaint against you in the Lawrence District Court and may result in an assessment of a fine. You have the right to request a hearing before the Board of Health if you feel this 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 also have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Sandra Starr, R. S., C.H.O. Public Health Director VIOLATIONS TO BE CORRECTED NO LATER THAN SEVEN (7) DAYS FROM RECEIPT OF THIS ORDER LETTER: VIOLATION REGULATION REINSPECTION 1. Ceiling panels over sink show water 410.500 f_� 1L stains from leak. • Water damage is apparent around bathtub ! on second floor–floor is spongy, which i indicates possible rot. - Every owner shall maintain ...floors,..ceilings free from chronic dampness...in good repair and in every way fit for the use intended. 2. Stair rail going to second floor is loose 410.503 0 - The owner shall provide a safe handrail for ! every stairway that is used or intended for use by the occupants. 3. Walls above bathtub are breaking down, 410.504 0 (L cracked and bare surface in spots. - The wall areas above built-in bathtubs... shall be covered by a smooth, noncorrosive, nonabsorbent waterproof material to a height of not less than six feet. 4. Back porch appears to be connected to 410.500&452 dwelling by a single nail/bolt and is un painted �► �— and not otherwise sealed. _j 7C 5. Occupant complaint about the frequency 410.351 of bulb burnouts and explosions. - The owner shall install in accordance with , accepted ....electrical wiring standards, and shall maintain free from...defects the following: (A) ...all electrical fixtures, outlets and wiring. This report has been forwarded for action to the electrical inspector and the building inspector. Also, included is an informational form on the "Legal Remedies for Tenants of Residential Housing." Cc: Tenant i Property owner { BOH Electrical Inspector Building Inspector File NORTH ANDOVER HEALTH DEPARTMENT 120 Main Street • North Andover, MA 01845 Telephone (508) 682-6483, Ext. 32 Housing Inspection Report COMPLAINT# 0 a VY) Q COMPLAINANT ADDRESS OF PRE SES ZY Se C,0,0(.y OCCUPANT OWNER OWNER'S ADDRESS DATE OF INSPECTION '7�� �0 HOUR ROOM /VIOLATION: a r no f2-a Q rJ �- a r v s X Q n 5 ` s INSPECTO AHIR-1 Actlon Press 8857000 Page 1 of 1 Sandra Starr From: Jeannine McEvoy Sent: Thursday, November 29, 2001 3:38 PM To: Mike Mcguire; Sandra Starr; Bob Nicetta Subject: Electrical Violations November 29,2001 Ms June Thornton 22 School Street North Andover MA 01845 Re: 19 Second Street Dear Ms.Thornton: An authorized inspection was made of your property at the above address by the Electrical Inspector on November 27,2001. The Board of Health Notice,dated,November 1,2001 cites violations of electrical problems in this unit, (Regulation 410:351). After performing an electrical inspection the following violations need to be repaired: ➢ The extension cord in the bathroom light fixture needs to be removed. ➢ The receptacle in the bathroom needs to be removed from the lighting circuit and needs to be GFCI protected. ➢ The receptacle in the front bedrooms needs to be tightened. ➢ All light fixtures need to be check out for correct wiring and bulbs replaced. ➢ The circuit panel needs to be marked for identification of circuits. The above work must be done by a licensed electrician after obtaining an electrical permit from the Building Department. Sincerely your, James DeCola,Electrical Inspector cc: Tenant BOH Building Commissioner Building Inspector 11/29/2001 oic O YA`, PA v-\ a c) L-) -�- c� o� C, U C,c ` TOWN OF NO T ANDO� R1 BOARD OF 14-ALTN Y�o U- 5-- c 0-o, o o ) U vv<i �p VA 0 V a CAI-0 P,y.\�o . C) I '6 y s" r ": C Y\. c o ko r V\Ao 0 sc,� u r CA- \"o 0 � C) sv J UII � � � a� C--� 0 5S�tclf—� C' � S S Yom- Y\-C, T- S c-- 3 1 Town Of North Andover OE ,wee,�A~O Fa my.r L Community Development & Services William J. Scott 27 Charles Street Director "� • M` North Andover, Massachusetts 01845 (978)688-9531 � `'++tea •'`.h �SsacHus�< Fax 978-688-9542 LETTER OF COMPLIANCE Board of Appeals (978)688-9541 DATE: September 1, 2000 Building Department TO OWNER OF RECORD PROPERTY LOCATION (978)688-9545 June Thorton 19 Second Street Conservation 25 School Street North Andover,MA Department North Andover,MA 01845 01845 (978)688-9530 Health A Health Department ORDER LETTER dated June 14, 1999 was issued to you as owner of Department record of the property listed above citing violations of the State Sanitary Code, 105 CMR (978)688-9540 410.000,Minimum Standards of Fitness for Human Habitation. A re-inspection of the property on September 1, 2000 indicated that all of the outstanding violations, noted on the Public Health order,have been corrected. Nurse (978)688-9543 A copy of this letter is being sent to the person(s)who made the complaint. If the complainant has any questions or comments concerning this determination of compliance,the Board of Planning Health must be contacted within ten 10 days of the receipt Department ( ) t of this letter.y P (978)688-9535 Since , usan Y. Ford, .S. Health Inspector Cc: file Sandy Richards,Renter C Z3v IMPORTANT MESSAGE For���� a Day Time P.M. M � of a [� Phone FAX Area Code Number Extension MOBILE Area Code Number Extension Telephoned Returned your call RUSH Came to see you Please call Special attention Wants to see you Will call again Caller on hold Message e L � /jib rt+ J\ c Signed Universai'48023 LITHO IN U.s:A. r q 3 NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code, Chapter Il,Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: November 1, 2001 To Owner of Record: Property Location: June Thornton 22 School Street 19 Second Street North Andover, MA 01845 No. Andover, MA An authorized inspection was made of your property at the above address by North Andover Health Department personnel on November 1, 2001. 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 allotted time period may result in a criminal complaint against you in the Lawrence District Court and may result in an assessment of a fine. You have the right to request a hearing before the Board of Health if you feel this 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 also have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. _ d Sandra Starr, R. S., C.H.O. Public Health Director VIOLATIONS TO BE CORRECTED NO LATER THAN SEVEN (7) DAYS FROM RECEIPT OF THIS ORDER LETTER: VIOLATION REGULATION REINSPECTION 1. Ceiling panels over sink show water 410.500 stains from leak. • Water damage is apparent around bathtub on second floor—floor is spongy, which indicates possible rot. I - Every owner shall maintain ...floors,..ceilings ...free from chronic dampness...in good repair and in every way fit for the use intended. 2. Stair rail going to second floor is loose 410.503 - The owner shall provide a safe handrail for every stairway that is used or intended for use by the occupants. 3. Walls above bathtub are breaking down, 410.504 cracked and bare surface in spots. - The wall areas above built-in bathtubs... shall be covered by a smooth, noncorrosive, nonabsorbent waterproof material to a height of not less than six feet. 4. Back porch appears to be connected to 410.500&452 dwelling by a single naillbolt and is un painted and not otherwise sealed. 5. Occupant complaint about the frequency 410.351 of bulb burnouts and explosions. - The owner shall install in accordance with accepted ....electrical wiring standards, and shall maintain free from...defects the following: (A) ...all electrical fixtures, outlets and wiring. This report has been forwarded for action to the electrical inspector and the building inspector. Also, included is an informational form on the"Legal Remedies for Tenants of Residential Housing." Cc: Tenant Property owner BOH Electrical Inspector j Building Inspector File Legal Remedies for Tenants of Residential Housing THE FOLLOWING IS A.BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES TENANTS MAY USE IN ORDER TO GET HOUSING CODE VIOLATIONS CORRECTED. 1. Rent Withholding(General Laws Chapter 239 Section 8A) If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments. You can do this without being evicted if: A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materi- ally impair your health or safety and that your landlord knew about the violations before you were behind in your rent. B. You did not cause the violations and they can be repaired while you continue to live in the building. C. You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this it is best to put the rent money aside in a safe place.) 2. Repair and Deduct(General Laws Chapter 111 Section 127L). The law sometimes allows you to use your rent money to make the repairs yourself. If your local code enforcement agency certifies that there are code violations which endanger or materially impair your health,safety or well-being and your landlord has received written notice of the violations, you may be able to use this remedy. If the owner fails to begin necessary repairs(or to enter into a written contract to have them made)within five days after notice or to complete repairs within 14 days after notice you can use up to four months' rent in any year to make the repairs. 3. Retaliatory Rent Increases or Evictions Prohibited(General Laws Chapter 186,Section 18 and Chapter 239 Section 2A). The owner may not increase your rent or evict you in retaliation for making a complaint to your local code enforcement agency about code violations. If the owner raises your rent or tries to evict within six months after you have made the complaint he or she will have to show a good reason for the increase or eviction which is unrelated to your complaint. You may be able to sue the landlord for damages if he or she tries this. 4. Rent Receivership(General Laws Chapter 11 I Sections 127C-H). The occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into court rather than to the owner.The court may then appoint a"receiver"who may spend as much of the rent money as is needed to correct the violation. The re- ceiver is not subject to a spending limitation of four months'rent. 5. Breach of Warranty of Habitability. You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimum stand- ards of habitability. 6. Unfair and Deceptive Practices(General Laws Chapter 93A). Renting an apartment with code violations is a violation of the consumer protection act and regulations for which you may sue an owner. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF THE LAW, BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY OTHER LEGAL ACTION,IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CAN- NOT AFFORD TO CONSULT AN ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH 1S: (NAME) (TELEPHONE NUMBER) (ADDRESS) FoR%t 31 Homs&WARREN,INC. NOV.1979 " Town of North Andover t HORT4. o OFFICE OF =O tto 110 e ... L COMMUNITY DEVELOPMENT AND SERVICES 0 - - 27 Charles Street North Andover, Massachusetts 01845 sac,Hu5�� 5 WILLIAM J.SCOTT Director (978)688-9531 Fax (978) 688-9542 NORTH ANDOVER BOARD OF HEALTH ORDER Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: June 14, 1999 To Owner of Record: Property Location.- June ocation:June Thorton 19 Second Street 25 School Street North Andover, MA North Andover, MA 01845 01845 An authorized inspection was made of your property at the above address by North Andover Health Department personnel on June 11, 1999. 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 allotted time period may result in a criminal complaint against you in the Lawrence District Court and may result in an assessment of a fine. You have the right to request a hearing before the Board of Health if you feel this 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 witness and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to,be heard. You may be represented by an attorney. You also have the rigli to inspect and obtain copies of all relevant records concerning the matter to be heard. -,Sud n Ford 'r Health Inspector ' BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 i t VIOLATIONS TO BE CORRECTED NO LATER THAN TEN (10) DAYS FROM RECEIPT OF THIS ORDER LETTER: VIOLATION REGULATION REINSPECTION Attached side porch -flooring 410.500 damaged and splintering. Paint peeling. Floor joists weak. ■ Owner must maintain the structure in good condition and safe from hazards Replace all wood that is rotted or damaged. All surfaces must be cleanable and safe. Second floor, left room, front window 410.500 won't stay up. � ■ All windows must open and close with ease Repair window ballast,as needed. Second floor front left bedroom - 410.351(A) electrical outlet not working. ■ All outlets in the home most be in good working order. Repair as needed to meet state electrical codes Second floor, front right room has no 410.501(A)1 storm window ■ to be weather tight all windows should be in place Replace storm window nterior stairway has no railing on the 410.503 outside and it is above 30 inche off the ground ■ All stairways used by the occupants must be enclosed on both sides by a wall or protective railing at least 36 inches high. Balusters or ornamental patters between the railings must be no more that six inches apart. Place protective railing with balusters on the outer side of the stairway Front door screen ripped 410.552 -�-- ■ screens must be in good condition �✓ Repair screen in the door Front screen door does not open properly / ■ all doors must open and close without V excessive effort Repair door Outside metal railings wobbly 410.452 ■ all railings should be secured Repair railing as needed Positive lead paint determination 410.502 Lead paint present on accessible surfaces (see additional order Letter) 1 I MASSACHUSETTS QUITCLAIM DEED LOI, Paul R. Thornton of North Reading, Massachusetts, for consideration 00 paid less than ONE 00/100 ($1.00) Dollar, grant to June G. Thornton of 22 School p Street, North Andover, Essex County, Massachusetts, with QUITCLAIM U) COVENANTS, O N (Description and encumbrances,if any) = PARCEL TWO: v N The land in North Andover, with the buildings thereon, being Lot numbered 2 on a plan of land of Harry R. Dow, 3rd et ux, and Stewart P. Wilson et ux, Brasseur Associates, September, 1963, said plan being recorded in the North Essex Registry of Deeds, as Plan #4949, and being more particularly bounded C and described as follows: O 0 NORTHEASTERLY Eighty and 01/100 (80.01) feet by land now or Xformerly of William A. Finneran et al; N N W SOUTHEASTERLY One hundred five (105.00) feet be Second Street; L ' > SOUTHWESTERLY Eighty (80.00) feet by Lot#1; and O QNORTHWESTERLY One hundred three and 46/100 (103.46) feet by Lot s #3. O Z All as shown on said Plan #4949 and containing 8,338 square feet of land d according to said Plan. d For title reference on Parcel Two (2) see deed of Harold J. McPhee and recorded .a with Essex North Registry of Deeds at Book 1231, Page 696. C v Witness my hand and seal this 29th of March, 2000. LO _ N O� • Paul R. Thornton N N COMMONWEALTH OF MASSACHUSETTS L QEssEx,ss. March 29, 2000 O0. THEN PERSONALLY APPEAR a R. Thor on and made oath that O he has read the foregoing agreeme and has a ecuted ' as his free act and deed, C. before me othy . Houten NOTARY PUBLIC MY COMMISSION Exmxs: 10/0'8/04 . ~ Please Return to: Attorney Deirdre A. O'Brien •�„ �, 100 Powdermill Road,Suite 104 r Acton,Massachusetts 01720 ��e.,�, --- --- - - - .� B H 12 5 0 5Q8 I, Bernard P. McParland of Lawrence, Essex County.N"adteaettk W11 a smarritd,for consideadon pai4 and is full amddatadoo of . as stated herein' gaabto Paul R. Thornton and June G. Thornton, husband and wife, as'joint a tenants and not as tenants in common nor as tenants by the entirety, both of 22 School,Street, North Andover, Essex County, with quttt(atm rnuttacttLa e Massachusetts �d�X?tiK r u+ (Dncdpdw.ed.x-- —x.,11.q) The land in North Andover, with the buildings thereon, being Lot numbered 2 on a plan of land of Harry R. Dow, 3rd et ux, and Stewart P. Wilson et uz, Brasseur Associates, September, 1963, said plan being recorded in the North Essex ^} j Registry of Deeds, as Plan 04949, and being more particularly bounded and de- r E t` scribed as follows: "t NORTHEASTERLY Eighty and 01/100(80.01) feet by land j now or formerly of William A. Finneran at al; f SOUTHEASTERLY One hundred five(105.00) feet by Secohd 7 f Street; i. SOUTHWESTERLY Eighty(80.00) feet by Lot #1; and {{� NORTHWESTERLY One hundred three and 461100(103.46)feet 1 by Lot #3. All as shown on said Plan#4949 and containing 8,338 square feet of land according to said Plan. Being the same premises conveyed to the grantor herein by deed from Harold J. McPhee, dated July 6, 1973, recorded in North Essex Registry of Deeds, Book 1222, Page 383. The consideration for this conveyance is Fifty-One Thousand($51,000.00) Dollars. • Said premises being subject to current municipal taxes and also to a mortgage to the Andover Savings Bank, which the grantees hereby assume and agree to pay. 3ilttura•••n'S„load and nal thL.eighte A dy of... mobs ... 19.74_.. ........................•..................................._....» .•».. /y �rii8rd' .'McParlariiL.........• r a 4 r »......................................... ............................. ........».................................................................. { i 941 (mamemncam of filar kuadts Essex, aa, October 18, 19 74 F Then perwoallf appared the above named Bernard P. McParland Iand acknowledged the foregoing instrument to be his fm act and deed,kxtifott.14a.••• • ,.: i Thomas IC Ceiltna Nftn r 4i zxM xsx3=.: . . •ti • • >Kr msmlrioa� Novemliq�,29, }9.7b; ' ^' Cowl ONVJIAIT11 act 16,74 '�1�L:::JJ:I'�'::.4J.•.L..IL�lL'U1�1'1:i•1•a•1..1�.ui r. Recorded Oct.18,1974 at 11850AM ;tx8097 ESSEX NORTH Tei REGISTRY OF DE=S L,kNRENCF_, MFSS._C/ —IL A TRUE COPY: ATTEST: REOIaTBR O!'tl® Town of North Andover t NORTH F OFFICE OF �?O��t,E C COMMUNITY DEVELOPMENTAND SERVICES • _ 27 Charles Street North Andover, Massachusetts 01845 X94°••,,,.•a'`e5 WILLIAM J. SCOTT S3ACHUS Director (978) 688-9531 Fax (978)688-9542 DATE.- June 16 , 1999 - ORDER TO CORRECT VICLATION(S) June Thorton 25 School Street No. Andover, MA 01845 Owner or agent of the property located at 19 Second Street Be advised that an agent of the Board of Health has determined certain portions of the aforementioned residential property to- be in violation of the State Sanitary Code Chapter II, "Minimum Standards of Fitness for Human Habitation," 105 Code of Massachusetts Regulations (CMR) 410.7500. This violation also constitutes a violation of the Lead Law, Massachusetts General Laws (tiiGL), Chanter 111, Section 197, and the Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000. Conditions exist in this residence which may endanger and/or materially impair the health of the occupants of these premises. DECLARATION OF EMERGENCY The Direti or of the Childhood Lead.Poisoning Prevention Program and the Board of Health declare that the presence of the aforementioned violation of the Lead Law and the Regulations for Lead Poisoning Prevention and Control constitutes an emergency pursuant to the Lead Law, iyfGL Chapter 111, Section 198 and within the meaning of the Sanitary Code, Chapter I, 105 CINAR 400.200(13). BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 y ii such,'You may request a hearing only if you have complied-with this Order. The hearing will be provided within ten days ofyour request. This agency shall issue a written decision within seven days after the hearing. i -Ins ctor Director Certified Mail No. C:1WP50UF_AD1995\GFNERAL%O=9AWP5 Town of North An-dvver AORTH OFFICE OF 3?0� , � ,,�aL COMMUNITY DEVELOPMEN` IAND SERVICES _ .10 A 27 Charles Street `.^01 "$ North Andover, Massachusetts 01845 �,9`°^•r.° ^'`e5 WILLIAM J. SCOTT HUS us (978)688-9531 Fax (978)688-9542 Date: 6/16/99 -_ June Thorton 25 School Street No. Andover, MA 01845 Dear Ms . Thorton A lead paint determination was made of the property owned by you at 19 Second Street by Health Inspector of the North Andover Public Health Department on 6/16/99 The deter-nunation revealed the presence of lead paint in violation of Massachusetts General Laws, Chapter 1 11, section 197. Please.contact this office at 6 8 8-9 5 4 0 as soon as possible to discuss your responsibilities in this case, and the material enclosed. The Massachusetts Department of Public Health (DPH)'s Lead Poisoning Prevention.Regulations require that you provide to this office, within sixty (60) days of your receipt of this letter, a contract with a licensed deleader, signed by both you and the deleader, to abate and/or contain all lead violations existing in the dwelling unit, including interior and exterior common areas. You must provide the deleading contractor with a complete inspection report from a licensed private lead inspector, including an assessment for encapsulation if desired. Also, if you or your agent is planning to do any low-risk abatement and containment work, within sixty (60) days of your receipt of this letter you must provide this office with a signed and completed Childhood Lead Poisoning Prevention Program (CLPPP) form entitled, "Documentation of Training to Perform Owner,/Agent Low-Risk Abatement and Containment and Deadlines By Which Owner/Agent Low-.Risk Work Will Be Completed." This form is available from CLPPP in the Homeowners Abatement package. The contract with the-licensed deleader-must-,specify, and if you or.your-agent will be performing low- risk work, then you or your agent will attest in the CLPPP owner/agent form descrbed above, that the deleading will be completed by the deadlines described in this paragraph. All violations on the interior and interior common areas must be deleaded within ninety (90) days from your receipt of this letter. However, you have one hundred and twenty (120) days from your receipt of this letter to complete the following: any low-risk deleading work you or your agent perform, as long as all dust- generating abatement and containment work, including surface preparation required to be done by BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 while ybu or your agent=perform low-risk abatement and containment work, as long as they stay out of the work area. Also, occupants and pets must be out of the unit entirely while you or your agent apply coverings to a surface with peeling, chipping or cracking lead paint or plaster. Occupants and pets who-have been out of the unit may not return until a licensed private lead inspector approves reoccupancy by conducting an on-site reinspection of the unit, including taking dust samples to assure that lead dust levels meet approved standards. This reinspection will be done at least 25 hours after deleading work is done: the inspector must wait at least one hour after the deleader performs a final clean-up, and the deleader must wait at least 24 hours after the completion of deleading work to perform that final clean-up. Deleaded surfaces are not to be repainted until the inspector performs the reinspection and gives approval. All work is to be done in a workmanlike manner, and the dwelling must be returned to a condition that meets the requirements of Chapter H of the State Sanitary Code. Scraped surfaces must be feathered and made smooth by the deleader prior to repainting. (Repaint only after reinspection). Deleaded windows and doors must have all panes of glass intact and must be weather tight. You are required to provide written notice of the presence of lead paint to all other occupants of the building. "Notice to Tenants of Lead Paint Hazards" is enclosed for that purpose. You are required to send a copy of the inspection report and the enclosed order to all mortgagees and penholders of record. Questions regarding Department of Labor Industries regulations should be addressed to the DLI office (617-727-1932). Questions,regarding the Department of Public Health regulations should be addressed to the CLPPP central office (800-532-9571) or this Department _1' �-� Inspector Director c:\wp50Uead 1995\general\bhcov393.wp6 Town of North AnA7L4' ACRTof t OFFICE OF ��09 L COMMUNITY DEVELO� MEN -FSE'RVICE' S o p _ 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT 9ssAcHusti�� Director (978) 688-9531 Fax(978)688-9542 _ :.,E1�D DETEP?`�INn'?'ION .. PnaT FOic_'.� Date of De;.c.=ination: -- Lic=se vte�hod used: Sodium Suiide ExDlr'amcn dace: -7 .;t 7 X-t2aV Flucrescence Mode!: - Se:,al Prope-;v Address: Aoc. DeS UbOn of P7coC--V: Single fanuly ✓ Multi-far.liIV units _ Caraac Fence. Other struc.,.tres Age of Proce.cv: �_Pre-19 78 Post-1978 )) Occupant: .. ��liR Occupants under six year of age; DOB: T DOB: —���— - DOB: Ocrupam's LCIC,cnoCC: Prooe^y Owrer(s): T ,__r_ =je.cw^ ig:.A . 0 Owner's Address: ��- /k/ — Owner's Telephone: LF Lead Hnz:rds Fouad? Yes ?/ Vo - An X-ray tuoresc:,nce reading Cescer than 1.2 mg/crn2 or a Cay or black reaction to sodium sul de indicate; a positive leve!of lead and constitut:s a positive determination. De!eading of lead painted surfa=s as a result of this report or subsequent inspersion must be pe to m e^ by a licenscd de!eading contractor and/or by an owner/agent who is trained to perfor-n spc-cific week as required - under the Lead Law. Cor.Lacc the Childhood Poisoning Prevention ProCam for additiora.1 information regarding deieading and raining. - C.\wa5aVLs wt99sLfc.son ar 2E>.wo BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PL VTNING 688-9535 -¢ i LQCATIQN SQURCE I Pb 1. I Cluid's bedroom I Windo.vp�T � rrcin bead/ee::cr siii j area ?. I Child's bedrecm I 'yVindow sill 3. I Li/11M2 rccm i Viindow pa:in? bead�e:;.e^or sill a:.- ". Kitchen � WirdGsv rjd,i;,g �eac er i :e cr ul d. I Irate for I Flalun? paint 6. i Ere.^:er I FIa-Er,g paint I i 7. E.�:erior i Cellar winde.v units a. I E.::e for I Wir_dew siils be!ow 5, I j 1 I � � 9 I E:ae :or . I � I Meir e.�tr-� dccr casing I 10. I Inter or i Outside comer cr bebcard j , 1 1. Kitc;�e:r or Bat�xccm I Chair raii 1". Bad�rcc)m i Window sill ThresholdInteor hailwav cc mrnen area i . ( ) I St�r tread or su�nger � 1 i Irate: er hallwav(common area) I Balusters 10. I Ince..^;or hallway(cammon area) i Door-e I 17. I Parc i Scair treed or riser i 18. i Pcrc z 19. I Porch �� s o�� s a .0. i Porc i Su�por columns(<o'' diameter cr scua�e) i I .1. I Porc I 22I.EKe:;cr I Bulkhead I j ,0. I Garage%Outbuilding I Door casing orjarnb 24. I Inte;ier I Closet door or baseboard (uncacoed) ' I . ZS. j Interior Cabinet door, shelf, or wall------------ I j i I i i . , i The Commonwealth-of Massachusetts Executive Office of Health and Human Services Department of Public Health Childhood Lead Poisoning Prevention Program 470 Atlantic Avenue, Second Floor WILLIAM F.WELD Boston, MA 02210 Governor 617-753-8400 / 800-532-9571 ARGEO PAUL CELLUCCI Lieutenant Governor GERALD WHITBURN Secretary DAVID H. MULLIGAN Commissioner DISCLAIMER CONCERNING LEAD DETERMINATION REPORT The information contained in this report concerning the presence of lead paint does not constitute a comprehensive lead inspection. The surfaces tested represent only a portion of those surfaces that would be tested to determine whether the premises are in compliance with the Massachusetts Lead Poisoning Prevention Law (Massachusetts General Laws, chapter 111, sections 189A through 199B). Serious lead poisoning hazards are created when materials containing lead paint are disturbed, unless proper safety guidelines are followed. Therefore, Massachusetts law requires that: All.lead paint removal, and in general, most of the work required to abate and contain lead paint violations, must be done by a licensed deleader. However, property owners and their unlicensed agents may perform certain low-risk abatement and containment activities without a deleade>'s license. Before they do'so, though, owners and their agents must obtain and review educational materials produced by the Childhood Lead Poisoning Prevention Program, and complete and send back to CLPPP a self-corrected exam. The low-risk abatement and containment activities are the following: applying enca.psulants; covering surfaces; capping baseboards; removing doors, cabinet doors and shutters; and applying exterior vinyl siding. Letters of Full Compliance will be withheld if unauthorized deleading has occurred. Any renovating or rehabilitation of.premises containing dangerous levels of lead paint must be done in compliance with the procedures set forth in,the Deleading Regulations issued by the Department of Labor and Industries (454 Code of Massachusetts Regulations 22.11), including sealing off the work area from adjacent areas, and using a HEPA vacuum and tri-sodium phosphate (TSP) detergent for final clean-up. Any deleading work done on the basis of this report will not qualify the property owner for a state income tax credit, nor will the cost of such deleading be reimbursable under any state loan or grant program. In order to qualify for such programs, the premises must first be subject to a comprehensive lead paint inspection. i �w The Common'wealth_of Massachusetts Executive Office of Health and Human Services Department of Public Health Childhood Lead Poisoning Prevention Program 470 Atlantic Avenue, Second Floor WILL_JA F. WELD Boston, MA 02210 Governor 617-753-8400 / 800-532-9571 ARGEO PAUL CELLUCCI Lieutenant Governor GERALD WHITBURN Secretary DAVID H. MULLIGAN Commissioner RESIDENTIAL DELEADING ADVISORY The process of abating or containing lead paint (commonly called deleading) can be very dangerous, whether it is done for full compliance or as part of bringing a unit under interim control. For this reason, the Lead Law(Massachusetts General Laws chapter 111, sections 189A. through 199B), the Regulations for Lead Poisoning Prevention and Control (105 Code of Massachusetts Regulations 460.000) and the Deleading Regulations (454 CMR 22.00) require- - that a licensed deleading contractor remove lead paint, and in general, perform all deleading work necessary to correct lead violations that is not low-risk. The Lead Law, as well as the Regulations for Lead Poisoning Prevention and Control, allow property owners and their agents to perform certain low-risk deleading activities without a deleader's license, whether the work is done for full compliance or interim control. Before they do so, though, owners and their agents must obtain and review educational materials produced by the Childhood Lead Poisoning Prevention Program, and complete and send back to CLPPP a self-corrected exam. The educational materials include information for owners and their agents about safety precautions and cleanup requirements. The low-risk abatement and containment activities are the following specific activities: applying encapsiilants; covering surfaces; capping baseboards;'removing doors, cabinet doors and shutters; and applying exterior vinyl siding. Property owners and their agents may also perform other work that may be necessary for interim control, such as structural repairs and lead-dust cleaning. The Lead Law and the Regulations for Lead Poisoning Prevention and Control have additional requirements to make sure that occupants of a dwelling unit are not exposed to lead hazards. The most important requirement is that any occupants be relocated from the dwelling unit while a deleader is performing any deleading work that is not defined as low-risk on interior surfaces. Property owners and occupan&,should refer to"Notice to Property Owners and Tenants: tenants' rights, "Responsibilities and Remedies" for move information on alternative housing arrangements. Occupants may continue to live in a unit while an owner or agent is performing specified low-risk deleading activities, or other work that may be necessary for interim control, such as structural repairs or lead-dust cleaning, as long as they stay out of the area in which these kinds of activities are taking place. However,occupants must be out of the unit for the day while an owner or owner's agent applies coverings to a surface with peeling, chipping or yourchild's mouth. Children's fingers pick up lead dust, as dtoys, food and candy that fall on the Mor,,4 is especially important-to wash your child's toys and-to try to keep your child's hands clean, particularly at meal time. Areas of peeling, chipping or flaking lead paint and dust should be cleaned. Wet sponging and mopping with detergents containing phosphate, such as TSP (tri-sodium phosphate), sold in most hardware stores, or automatic dishwasher detergents, such as Cascade or Sunlight, or other lead- �pecific detergents, are best for this kind of cleaning. Windows and window sills in particular are often a major source of lead exposure. Sills should be cleaned regularly if paint dust or flakes collect there. If windows are in poor condition, the best thing to do may be to keep the lower sash closed and open only the upper sash for ventilation. (This has the added benefit of protecting your child from accidental falls from the window.) Contact paper may be applied to areas of peeling paint on window sills, walls or other surfaces as a temporary measure. Do not use your household vacuum cleaner to clean up paint chips, because it will disperse fine particulate into the air. Sometimes furniture can be moved to form a child-protective barrier to cover deteriorating paint or plaster. If deteriorating paint or plaster is in the child's bedroom, use another room as the child's room, if possible. Think of those parts of the home where your child spends most of his or her time, and try to keep them as clean as you can before your home's lead paint hazards are addressed through full compliance or interim control. Lead paint can contaminate soil. If the exterior surfaces of your home have chipping, peeling or flaking paint, do not allow your child to play in the soil around the house, and be careful not to track soil from these areas into the house. Follow the advice of your lead inspector or risk assessor about soil on your property. C.\NP 50\II.AD 1995\SHARON\AD VI.SORY. Rcv.9/95 Fwttxr mv.9/95 a The Commonwealth .of Massachusetts Executive Office of Health and Human Services Department of Public Health Childhood Lead Poisoning Prevention Program 470 Atlantic Avenue, Second Floor WILLIAM F.WELD Boston, MA 02210 I Governor 617-753-8400 / 800-532-9571 ARGEO PAUL CELLUCCI Lieutenant Governor GERALD WHITBURN Secretary DAVID H. MULLIGAN Commissioner NOTICE TO PROPERTY OWNERS AND TENANTS: TENANTS' RIGHTS RESPONSIBILITIES AND REMEDIES VIOLATION It has been determined that the residential premises or dwelling unit and/or common areas at the address cited on the accompanying documents contain dangerous levels of lead in paint or other coating, in violation of portions of the Lead Law, Mass. General Laws chapter 111, sections 196 and 197, and 105 Code of Mass. Regulations 460.000, Regulations for Lead Poisoning j Prevention and Control. This violation may endanger or materially impair the health, safety or well-being of persons occupying the premises or unit. It is the responsibility of the owner of the residential premises or dwelling unit, under M.G.L. c. 111, s. 197, to abate and/or contain lead violations for full compliance, or bring the unit under interim control, whenever a child under six. years of age resides in the premises or unit, or in special cases when directed by local or state authorities. TENANTS RIGHTS RESPONSIBILITIES AND REMEDIES In order for the above violation(s) to be corrected as quickly and effectively as possible, it benefits both the property owner and the tenant to cooperate with each other and make responsible accommodations to each others' reasonable needs. Should good-faith efforts at cooperation fail, tenants may, depending on the circumstances, be able to avail themselves of certain statutory rights and remedies. Since property owners have common law as well as statutory rights and remedies, too, and most of the remedies available to both tenants and property owners are somewhat complex, tenants are advised to obtain legal assistance and/or legal advice before seeking to use the rights summarized below. (1) Alternative Housing. M.G.L. c. 111;.,s. 197 and 105 CMR 460.160(A) require that tenants be relocated from the dwelling unit or residential premises for`the entire time that interior deleading work(other than that defined as low-risk) is being performed by a licensed deleader. Tenants may remain in the unit while a property owner or owner's agent without a deleader's license performs low-risk deleading work or other work that may be required for interim control, such as structural repairs or lead dust cleaning, as long as the tenants stay out of the work area. However, tenants must be out of the unit for the day if an owner or owner's agent uses an airless sprayer to apply encapsulants, or applies coverings . -- T (a) Violations of the interior of the dwelling unit and interior common areas must be abated or contained-for full compliance, or as required for interim control, within ninety(90) days of your receipt of this Order. However, you have a total of one hundred and twenty (120) days from receiving the Order to complete the following activities: (i) any low-risk abatement and containment work you or your agent perform, as long as all dust-generating abatement or containment work, including surface preparation, required to be done by a licensed deleader, has been completed, and any doors removed have been replaced, within ninety (90) days of your receipt of this Order; (ii) application of encapsulants by licensed Level H deleaders, as long as all dust- generating abatement or containment work, including surface preparation required to be done by a licensed deleader, has been completed within ninety (90) days of your receipt of this Order; (iii) installation"of replacement windows, as long as you can demonstrate that new windows have been ordered within ninety (90) days of your receipt this Order. (b) Violations on the exterior-of the residential premises and exterior common areas must be abated and/or contained for full compliance or as required for interim control, within one hundred-and twenty(120) days of your receipt of this Order. Any contract with a deleading contractor must also specify,that the unit will meet acceptable lead dust levels, as determined by the results of sampling done by the licensed private lead inspector or risk assessor at the time of the reoccupancy reinspection, if one is necessary. Should any of the dust samples fail to meet acceptable standards, the contractor will be required to reclean the entire unit until all dust samples meet acceptable levels. In interim control cases in which no reoccupancy reinspection is necessary and no deleading contractor involved because no high-risk abatement and containment activities, including making Ieaded paint, plaster or putty intact, were necessary, then you or your agent who performed required work will be responsible for cleaning the unit to meet acceptable dust levels. In these cases, dust levels will be determined by the results of sampling done by the licensed private risk assessor at the time of the risk assessment reinspection. Any room or interior area in which one or more surfaces does not meet acceptable dust levels must be recleaned by you or your agent in its entirety. You must comply with all of the deadlines stipulated above, and with all applicable sections of 105 CMR 460.000. Compliance-with-this- Older will.-be determined by this agency's receipt of the appropriate documentation within the specified deadlines. The documentation consists of the following: a) if any high-risk abatement and containment work is necessary, including making lead-painted surfaces intact, a copy of a signed and dated deleading contract with a licensed deleader; b) if you or your agent will be doing low-risk deleading work or such other work as may be required for interim control, such as structural repairs and lead-dust cleaning for interim NORTH ANDOVER HEALTH DEPARTMENT North Andover, MA 01845yl Telephone (508 682-64-83, Ext. 32 7 C LA _ ISS Housing Inspection Report COMPLAINT # COMPLAINANT ADDRESS OF PREMISES OCCUPANT =1� e OWNER v v OWNER'S ADDRESS Z e DATE OF INSPECTION y HOUR -21 flp ROOMS/VIOLATION: fid, 5� :SS6 N4 o • 110, 00 o 0 t9r INSP CTOR Form#HIR•t Action Press 885.7000 Town of North Andover t AORTN 1 FICE OFOF 3�0` t t o tiO C COMMUNITY DEVELOPMENT AND SERVICES ° F A 27 Charles Street :09"x` ' North Andover,Massachusetts 01845 �lssncNus���y WILLIAM J. SCOTT Director (978)688-9531 Fax(978)688-9542 April 7, 2000 Sandy Richards 19 Second Street North Andover, MA 01845 Dear Sandy, This is a follow-up to the phone message I left for you on Friday, April 07, 2000. It is very important that we proceed with this process as soon as possible as the judge has given specific direction in this matter. Please contact Atty. Tim Houten, the attorney for Paul Thornton, at 774-0646. He will put you in contact with a deleading contractor to discuss a time for inspection. I know that you are very anxious to put closure to this situation and I believe that having you deal directly with the attorney and/or the deleader would be the best approach. I will be in the office Monday morning and am available to assist you by offering you my presence in this matter if need be. Please call me if you are unable to set up an agreeable time to have this done in the next few days. Thank you for your cooperation in this matter. Sincerely, Susan Ford Health Inspector CC: Atty. Houten BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 11/15/1999 04:46 9784633009 ASSISTED LIVING CENT PAGE 02 • ed hiving Center, ���• 19 Beach Road ASS1St Salisbury,MA 01952 (978)463.9809 Fax(978)463-3009 November 12, 1999 Dear Sir or Madam= Please be informed that Mrs. June Thorton has been in contact with our agency to start the application process for M1FA(Get the Lead Out Program)- She has been citied. This process from time of application to sabmttal,to closing will take 7-8 weeks. From prior experience,the subject property is 19-23 Second Street,North Andover,MA. Sincerely, 1I �j 2 Northeast Housing Court j 2 Appleton Street Lawrence, Massachusetts 01840 (978) 689-7833 Paul J. Burke David D. Kerman Clerk Magistrate Associate Justice Date : September 27, 1999 Re : No. Andover Health Dept . Vs : June Thorton No: 99-PC-00929 NOTICE OF SHOW CAUSE HEARING A request for criminal complaint naming you as the defendant has been filed in this Court, and a copy of the proposed complaint is enclosed. Before any criminal process issues, the Clerk of the Court will hold a show cause hearing to determine if there is sufficient evidence to require that you be charged with the offense alleged. A clerk' s hearing to determine whether criminal proceedings will be commenced against you will be held at the Clerk' s Office of the Northeast Housing Court, at 2 Appleton Street, Lawrence, MA 01840 at 02 : 00 o' clock, Wednesday, October 13 , 1999 . At the hearing you may present your side of the matter, bring witnesses, and be represented by an attorney, if you so choose. L��fi'yi�l.0 Pault-6. Burke Clerk Magistrate ECMS : SCH-SCAUSE REQUEST FOR CRIMINAL COMPLAINT FOR LEAD PAINT To any Justice or Clerk-Magistrate of the above-named Court: North Andover Health Dept. , Town of North Andover , on behalf of the Commonwealth, on oath complains that: June Thorton, 25 School St. , N. Andover, MA 01845 , was and is the owner of residential premises located at 19 Second St. , North Andover , MA 01845 wherein a child or children under the age of six resides; On June 11 , 199 9 , a representative of the Childhood Lead Poisoning Prevention and Control Program inspected said premises and determined that paint, plaster or other materials accessible to children contained dangerous levels of lead equal to or in excess of 1 . 2 milligrams lead per square centimeter or 0 . 5% lead by dry weight as defined by the Program' s regulations, 105 C.M.R. §460 . 000 and the public health law, Gen.L. c . 111 §194; On June 22 1999 , pursuant to § of the Program' s regulations, and pursuant to §41-0. 832-. 833 of the State Sanitary Code, the defendant was served with a written order to remove or cover such paint, plaster or other materials, thus to comply with §197 of the law. On August 21 199 9 , and from day to day thereafter the defendant has failed to comply with the order, each such day being a separate offense and a separate and distinct count of this complaint; all in violation of Program regulations, 105 C.M.R. § , the State Sanitary Code, §410 . 910-.920, and Gen.L. c. 111 §197-198; and did so willfully, intentionally, recklessly or repeatedly. .-Da e /,Complainant Sworn to before the undersigned Clerk-Magistrate of this Court. — 57/a 2/� - A&b Date Cle -Magistrate N'. Th Town Of North Andover Community Development & Services William J. Scott A 27 Charles Street Director �� - •* North Andover, Massachusetts 01845 (978)688-9531 '�► �O+gnu �'`,�9 9SSACHU54� Fax 978-688-9542 Timothy Houten, Attorney at Law Board of One Central Street Appeals Suite 201 (978)688-9541 Middleton,MA 01949 Building Department (978)688-9545 April 18, 2000 Conservation Department Re: Paul Thornton (978)688-9530 Lead Case, 19 Second Street Health Department Dear Attorney Houten, (978)688-9540 This correspondence is in regards to the Order to Correct outstanding lead paint violations at Public Health 19 Second Street, North Andover, and serves as a follow-up to the fax sent to you on Friday, April Nurse 14, 2000(attached). Please be advised that I spoke with the renter today, April 18, 2000. She states (978)688-9543 that there has still been no phone call from the lead removal contractor that you said would be contacting her. It is this office's understanding from the Housing Court appearance of March 30'' Planning that this Order was to be completely complied with prior to the next court date, of May 25, 2000. If Department the job is not completed,this office will ask the court to move forward as the law allows. (978) 688-9535 As this date is quickly approaching, I again urge you to contact me if you are having any difficulties that this office or our Town Council can assist you with. :S/incererd Health Inspector CC: Tom Urbelis, Town Council Sandra Starr,Health Director Renter File _4 North Andover Health Department • 1_7 Charles Street North Andover,MA 01845 (978)688-9540 fax(978)688-9542 facsimile transmittal To: Atty. Tim Houten Fax: 774-2077 From: Susan Ford,Health Insp. Date: 04/14/00 Re: 19 Second Street,No. Andover Pages: 1 CC: Atty. Thomas Urbelis, Town Council ❑ Urgent ❑For Review ❑ Please Comment X Please Reply ❑ Please Recycle . . . . . . . . . . Dear Attorney Houten, I have just received a second call from Sandy Richards,the renter of 19 Second Street, No. Andover. As I mentioned when I phoned you after the first call I received on Tuesday,April 12, 2000,she is still waiting to hear from the lead abatement contractor so that they may coordinate an appointment As my letter to her dated April 7,2000 indicated,this process must head in a positive direction as directed by the court as soon as possible. I am greatly disappointed and concerned at the casual response to this matter,which has been delayed numerous times. If you are having difficulty of which the Town's attorney or myself may be of assistance, I expect that you will contact me as soon as possible. Sandy is at work today,(Fri)however,for your records her home phone number is 681-6396. She will be available for most of this weekend,but the contractor must give her the courtesy of adequate notice before appearing at her home. Thank you for your assistance. . . . . . . . . . . . . . . . . . . . . . . . . . Sandra Starr From: Robert Halpin Sent: Friday, December 10, 1999 3:55 PM To: Sandra Starr Subject: RE: Lead case litigation Feel free to consult town counsel. I will advise the Chiarman of the BoS and get back to you. Have a nice weekend. Bob —Original Message From: Sandra Starr Sent: Friday,December 10,1999 2:29 PM To: Robert Halpin Subject: Lead case litigation Bob, The Health Department has been dealing with a lead law case since early June. We have appeared once already in court and the home owner was given one month to respond to orders given her by the judge. The next appearance is scheduled for next week and the magistrate stated it might be necessary to talk to or have present our town counsel. It's difficult to know what is going to happen here, but it occurred to me that the BOS should be aware that we are involved in this case. If the violator does not respond, this will tum into a criminal complaint. We have no control over this because it's the state lead law. Is there anything you want from me for the Selectmen? I'll let you know how things are going. Sandy 1 4 Influenza HMO Medicare Risk (Senior) Reimbursement Project Adult Vaccine Administration Record (Influenza) The doctor or clinic may use this form for the written documentation required for every dose of vaccine, or they may record it in your medical record. They will record what vaccine was given, when the vaccine was given,the address where the vaccine was given, the name of the company that made the vaccine,the vaccine's special lot num- ber,the name-and-title of the person who gave the vaccine, and the document number. Information about the person to receive vaccine (please nr7 Name: (Last, First, MI) Birth date: Age: Street address: - Ci -- State: zip: Phone: Check the source of your healthcare from the following: Medicare j #: Blue Care 65 #: Fallon Senior Plan #: First Seniority (Harvard Pilgrim) #: Secure Horizons (Tufts Health Plan for Seniors) #: United HealthCare/Medicare Complete #: Other #: Signature of person to receive vaccine, or thatperson's guardian x Date: For Clinic/Office Use Vaccine name: Date vaccine administered: Injection site: Date VIS given: Date on VIS: Vaccine manufacturer: Vaccine lot number: Name and title of vaccine administrator: Clinic/office address: (8/24/99) i �.�•1W w 1 I , 1 1 I ' i I { i 1 UJ i 1 1 1 W f PHPNEf- C/-L - FOR ATE I E��rM. r L_ M r O F, HONED _ RETURNED PHONE YOUR CALL AREA CODE NU E _ E p` .CALL MESSAGE WILL CALL AGAIN ef CAME TO SEE YOU ;To SEE YOU SIGNED �111VElSal' 48003 lil I I I � 1 � I I I I I ( I i : I I 1' I ai SENDER: I also wish to receive the ■Complete,items 1 and/or 2 for additional services. following services(for an y ■Complete items 3,4a,and 4b. at a Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ■Attach this form to the front of the mailpiece,or on the back if space does not 1.❑ Addressee's Address permit. 2.❑ Restricted Delid � ■Write"Return Receipt Requested"on the mailpiece below the article number. Delivery N t ■The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. a .. 0 3.Article Addressed to: 4a.Article Number V June Thorton o. 25 School Street 4b.Service Type 0 North Andover, MA ❑ Registered Certified ❑ Express Mail ❑ Insured 01845 ❑ Return Receipt for Merchandise ❑ COD U) 7.Date of Delivery o 5.Received By:(Print Name) 8.Addressee's Addr niy j flue F and fee is paid) ,( �9 L 5 ture\:( see 2 PS Fo m 3811,December 1994 102595- -0229 Domestic Return Receipt UNITED STATES POSTAL SERVICE E$^ �.—`, First-Class Mail ' JFf Postage^&�Fe�s Paid- usp� _, F Permit No.G=10— • Print your 44 and ZIP Code in this box • a �crl Town of North Andover Health Department 27 Charles Street OF Eta- North Andover, MA 01.8;4 rL\(:P - _ I!HIIi..i..IJJ!...11th...I..i#..h..l.ii.!.iJiJI r , Town of North Andover- f NORTH 1 OFFICE OF 3a o COMMUNITY DEVELOPMENT AND SERVICES ° . p 27 Charles Street North Andover, Massachusetts 01845 �1SsacFHuSEt�y WILLIAM J. SCOTT Director (978)688-9531 Fax(978) 688-9542 NORTH ANDOVER BOARD OF HEALTH ORDER Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: June 14, 1999 To Owner of Record: Property Location.- June Thorton 19 Second Street 25 School Street North Andover, MA North Andover, MA 01845 01845 An authorized inspection was made of your property at the above address by North Andover Health Department personnel on June 11, 1999. 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 allotted time period may result in a criminal complaint against you in the Lawrence District Court and may result in an assessment of a fine. You have the right to request a hearing before the Board of Health if you feel this 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 witness and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You also have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. .0n Ford Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 VIOLATIONS TO BE CORRECTED NO LATER THAN TEN (10) DAYS FROM RECEIPT OF THIS ORDER LETTER: VIOLATION REGULATION REINSPECTION Attached side porch - flooring 410.500 damaged and splintering. Paint peeling. Floor joists weak. ■ Owner must maintain the structure in good condition and safe from hazards Replace all wood that is rotted or damaged. All surfaces must be cleanable and safe. Second floor, left room, front window 410.500 won't stay up. ■ All windows must open and close with ease Repair window ballast, as needed. Second floor front left bedroom - 410.351(A) electrical outlet not working. ■ All outlets in the home most be in good working order. Repair as needed to meet state electrical codes Second floor, front right room has no 410.501(A)1 storm window ■ to be weather tight all windows should be in place Replace storm window Interior stairway has no railing on the 410.503 outside and it is above 30 inches off the ground ■ All stairways used by the occupants must be enclosed on both sides by a wall or protective railing at least 36 inches high. Balusters or ornamental patters between the railings must be no more that six inches apart. Place protective railing with balusters on the outer side of the stairway i Front door screen ripped 410.552 ■ screens must be in good condition Repair screen in the door Front screen door does not open properly ■ all doors must open and close without excessive effort Repair door Outside metal railings wobbly 410.452 ■ all railings should be secured Repair railing as needed Positive lead paint determination 410.502 Lead paint present on accessible surfaces (see additional order letter) t t 4/ 7 339'— Z-2- oc> March 17, 2000 Dear Atty. Urbelis, I am forwarding to you the chronology of events concerning the lead paint case that we spoke of. This is an unusual case because it involves sanitary code and lead violations, low income financing, mishandling of financing applications by private agencies, tenant/ landlord difficulties and the complications of long time divorce proceedings. Coupling those issues is the fact that Mrs. Thornton will not involve her divorce lawyer, Mr. Thornton has representation and I am relatively inexperienced in these proceedings. Please contact me as soon as possible with any questions or comments that you might have. Thank ypu, Z, isan Ford Health Inspector zq -- i v � s �t,w•Ci 2L� i i t 1 Town of North Andover vs. June Thornton Log of Events Location of rental unit— 19 Second Street Renter Sandy Richards Phone# (978) 682-3932 (t✓) t 1 - 63 � Landlord June Thornton Co-landlord Paul Thornton pyo 5�.z-171, S Address 25 School Street Represented by: Atty.Tim Houten North Andover,MA 01845 774 -2077 Phone# (978) 682-8310 Renter requested a housing inspection from the Health Department Susan Ford,Health Inspector,responded to the call 6/11/99 Sanitary Code inspection conducted 6/11/99 Order letter issued to June Thornton, landlord, for Sanitary Code violations (see exhibit#1)Lead paint concerns, child under 6 yrs. old living in home 6/16/99 Lead determination conducted, Order Letter sent(see exhibit#2) 6/22/99 June Thornton, landlord,received Order Letter 6/23/99 June Thornton, landlord, requested assistance to help set up time for repairs with the tenant 6/23/99 SF, Inspector, called S. Richards,Renter— She said she would accommodate a 24 hour ahead request as best as she could 6/23/99 Spoke to Mike McGuire,Building Inspector—Determined that the owner must have a bldg. Permit to demolish and build the porch 6/23/99 SF left message detailing the above information 6/29/99 Received call from the renter, Sandy Richards,Renter- She was upset. Received a letter from the landlord that she disputes. (see exhibit#3) Tenant says that she told the landlord, any day but Tuesday and then the landlord set the electrician for Tuesday anyway. They can't,communicate. Tenant says that she is not trying to be difficult. 6/30/99 Received copy of the letter from June,landlord,to Sandy, renter, detailed above 7/9/99 Landlord came into office. Says renter will only let her in on Friday 7/12/99 Called Sandy,renter, at work 1:OOPM left message 8/20/99 Received call from renter. Returned call left message 8/30/99 Called,landlord, —left message 9/3/99 Again called June Thornton, landlord, —discussed ORDER—The 60-day time limit has elapsed. This office will have to file criminal charges now 9/27/99 Filed criminal complaint at Lawrence Housing Court. Date set for 10/31/99 (see exhibit#4) 10/12/99 Re-inspected 19 Second Street—Only electrical fixed in bedroom. Nothing else corrected. June Thornton, landlord, says that she has no c r money to pay for lead removal and needs financing and can't get it from the banks. 10/13/99 SF, Inspector, attended show cause hearing. Clerk magistrate stated that the hearing request letter had not been delivered to the owner. Came back undeliverable. It was returned to the court. WRONG ADDRESS (25 School St. instead of 22 School St.) 10/18/99 Inspector hand delivered letter from Housing Court to the landlord, 10/20/99 OK'd continuance till 10/28/99 10/28/99 SF, Inspector, attended Show Cause hearing, Clerk magistrate extended to 11/16/99 on request of June Thornton, landlord,because she identified Paul Thornton(husband)as a co-owner. Felt that he also should be sent an ORDER. (This is the first this office has heard of Paul Thornton) Inspector confirmed that Paul Thornton is still on the deed of this property even though they are in long time divorce proceedings (see exhibit#6, Book 1250 Page 548 at registry) 11/12/99 Health Dept received fax from the Assisted Living Center(see exhibit#5) 11/16/99 No change in Lead Removal progress. All other Sanitary Code violations have been corrected except the lead. June, landlord, states that she is trying desperately to obtain MI-IFA financing for the lead removal,but it is a slow process. Clerk Magistrate instituted criminal charges against June Thornton, landlord. Court date set for 12/16/99 2:OOPM(see exhibit 4 page 3) 11/18/99 Sent identical Lead Order Letter to Paul Thornton, co-owner, with the exception of cover letter explaining the delay in relation to his wife's Order letter(exhibit#7) 11/18/99 Issued Letter of Partial Compliance to June Thornton, landlord, (see exhibit#1 page 2) 12/10/99 SF, Inspector, spoke to Sandy Starr, Health Director about case. She requested direction from Town Manager via e-mail (see exhibit#8) 12/16/99 June Thornton, landlord,court date. SF, Inspector, attended. Judge Kerman extended the matter until 1/13/00 due to the fact that Paul Thornton, co-owner, is now under Order and may possibly shed new light/ or progress. Also suggests that the Town should get Town Council involved. 1/13/00 June Thornton, landlord, court date. Judge Kerman decides to extended until Feb. This date ended up cancelled due to the Judges illness and rescheduled to March 9,2000 Spoke with Tom Urbelis (date unknown)about the case. Does not feel he could help much at this time. All seems to be under control and proceeding Spoke with renter many times over the months. She is very concerned that the back porch is still dangerous to her children. 1/21/00 60 days have passed. S F, Inspector, filed a criminal complaint in Lawrence Housing Court against Paul Thornton, co-owner, who never responded to the Order letter dated. (see exhibit#9) 1/26/00 Correspondence between the Health Director and the Town Manager(see exhibit# 9A) i 2/2/00 Show Cause hearing attended by S F, Inspector. Paul Thornton, co-owner was represented by Atty. Tim Houten, 774 -2077. His position was that the address that the Order Letter was sent, c/o State Police in Acton, was not accurate and asked for more time. Also since he is Paul Thornton's divorce lawyer, he knows that this property is in question as to who will be getting ownership. Presently, Mrs. Thornton has full control over daily property concerns. The Clerk Magistrate gave the Atty. until 3/15/00 to get something done or to establish his clients position of ownership,before issuing a criminal complaint. 2/2/00 SF sent letter to June Thornton, landlord, requesting Inspection reports and estimates not formerly submitted. (see exhibit#10) 2/10/00 Received Inspection and estimate documentation. Forwarded to Atty. Houten as requested. (see exhibit# 11) 2/10/00 Received additional fax from financing company(see exhibit#12) SF spoke with Atty. Houten several times on his clients intention to take the lead on this issue and assured me that progress was imminent. I could not establish this prior to the 3/9/00 court date and therefore could not inform the Judge on any forward motion on the case. 3/9/00 SF attended Lawrence Housing Court continuance. June Thornton, landlord, details the problems with her financial aid application. It appears that the person handling her case has been dismissed and strangely her application and paperwork is now missing. The"Get the Lead Out" program is no longer involved with this organization and she will have to start over. Judge Kerman again continues the case due to the unknowns concerning the husband. The judge would like to see both parties in the court on March 30, 2000 if possible. 3/10/00 Once again filled the renter in on the continuing saga of this case. The circumstances are surreal. 3/15/00 Show Cause hearing. Atty. for Mr. Thornton has a personal crisis. Spoke to on the phone at the courthouse. Stated that Mr. Thornton has not had any progress getting an estimate with his own contractor due to interference by June Thornton, landlord,. He stated that this process is hampered by the fact that Mr. Thornton has an order by the probate court to"stay away" from the spouse's property. (not a 209A)He also stated that Paul Thornton is frustrated and has instructed his lawyer to draw up a deed change giving sole ownership of the property to June Thornton, landlord,. I spoke with the Clerk Magistrate and decided to give the Atty. one week to produce documentation that he has executed the deed change and is no longer responsible for this property and proof of this "stay away order". The Clerk Magistrate discussed the need for Town Council assistance. My lack of experience in court procedures just causes problems. What is our position? What does the Town want to see happen? What kind of trial do we want? If it comes to this, and it seems that nothing is going to change in the next two weeks, where does the Town want to go from here? 1 e j G aY t� ay L✓�r v� d ts"`•L ® -7F- / ( ( - Gpvr 7a •- l v�S .-7 . 71-2- r 3/15/00 Spoke to Sandy Starr, Health Director. SF gave her an update on this case. She will contact the proper channels to move Town Council into the picture if it is approved. Next Show Cause Hearing scheduled for Paul Thornton is on 3/22/00 at 11:3OAM and the Court date for June Thornton, landlord, is 3/30/00 at 2:OOPM,both at Lawrence Housing Court. 31 z'.lD-o .t. .. a, .0 'Ws Gv-1-�. �.a Z11 - D`i;,v d SEwr�Z„ If/' rj /r/ ����r.�� ��,�--� l�►��" C z. /C�-'�i�e� a. �o v� �.-�X� S�T�.n � / s.ST o � s� WA't A-6 "77 iw..-"� �[� ems" G� LA, A tai OA Vfi '/�'a '' ` '011 V lb&J'a 5�0��wt.. W / ��✓l ,pr aL��+"� � C.,6�1�'a"/Q 1�.. �+� �'✓w-�a-�''�, �-r'/L i/e�t> '� 1W✓'�S C�v(5,S� .• ���Z�-�-'��v -�-�? c�.t7 C a uJ ►'�" �i � !�l� �'p r.,,.��1c���'.,.. w� L��off...- %i►.a�o, j� °� 5/Z ! �F:Ca l :►"�s' �.o v t I E-J -- O a ✓ G�1/ .d.+V� G�- G�G i / Gam /Li F r��Glp�v /1 S�Z 3 l zea 5 2. G.z / 'c Ile t "-S`Z,t�1.�8 IVa ✓' ''�""`G L6 Af�P / q,O O — S L± ' 41 S'71 NCO ,,*L- i - �'F � `i3S-73 ?d 1 , North Andover Health Department • 27 Charles Street North Andover,MA 01845 • (978)688-9540 fax(978)688-9542 fa�sn�e t�� �n To: Atty. Tim Houten Fax: 774-2077 From: Susan Ford,Health Insp. Date: 04/14/00 Re: 19 Second Street,No. Andover Pages: 1 CC: Atty. Thomas Urbelis,Town Council ❑ Urgent ❑For Review ❑ Please Comment X Please Reply ❑ Please Recycle Qear'Attorney Houten, l have just received a second call from Sandy Richards,the renter of 19 Second Street, No. Andou+er. As I mentioned when I phoned you after the first call I received on Tuesday,April 12, 2000,;she is still waiting to hear from the lead abatement contractor so that they may coordinate an appointment As my letter to her dated April 7,2000 indicated,this process must head in a positive direction as directed by the court as soon as possible. I am greatly disappointed and concerned at the casual response to this matter,which has been delayed numerous times. If you are having difficulty of which the Town's attorney or myself may be of assistance, I expect that you will contact me as soon as possible. Sandy is at work today,(Fri)however,for your records her home phone number is 681-6396. She will be available for most of this weekend,but the contractor must give her the courtesy of adequate notice before appearing at her home. Thank you for your assistance. . . : . . . . . . . . . . . . . . . . . . . . . . Health Department • Town of North Andover 27 Charles Street • North Andover,MA 01845 (978)688-9540 To: Atty. Thomas Urbelis Fax: (617)338-0122 From: Susan Ford,Health Insp. Date: 04/14/00 Re: Lead paint case,N. Andover Pages: CC: ❑ Urgent X For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Dear Tom, This message is in regards to the lead paint case, 19 Second Street,North Andover. I am forwarding to you a fax which I sent to the attorney for W Thornton as well as the letter that I sent the renter last week. In speaking with the renter today, she states that absolutely nothing has happened to her knowledge to initiate the correction of these violations. As you can imagine, she is extremely frustrated with this process. If there is anything that you think that you or I could do to help this along I would appreciate your input. Thank you again for your assistance in this matter. ": .: . . . . . . . . . . . . . . . . . . . . . . . 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Scott p Director 27 Charles Street *� = • >'''* North Andover, Massachusetts 01845 (978)688-9531 AC US Fax 978-688-9542 Board of Appeals (978)688-9541 April 24, 2000 Building The Commonwealth of Massachusetts Department Lead and Asbestos Division (978)688-9545 100 Cambridge Street, Room 1107 Boston,MA Conservation Department To whom it may concern, (978)688-9530 y The North Andover Health Department would like to call your attention to a problem that has Health Department recently occurred concerning the apparent professional misrepresentation of a lead .contractor. (978)688-9540 Please see the attached agreement for services between a lead abatement contractor, Paul Simbliaris, and a homeowner. On March 30, 2000 I made an inquiry to your office regarding the license status Public Health of Mr. Simbliaris. I was informed that his license had expired as of November of 1999 and that he Nurse should not have contracted to do this work. (978)688-9543 In speaking with the homeowner, it appears that at no time did Mr. Simbliaris tell her that he was Planning not licensed. She had assumed that he could do the work as he indicated. In fact she had faith in Department Mr. Simbliaris' reputation because the Revere Planning Department had recommended him. (978)688-9535 Unfortunately, they had been working off of an outdated list. This predicament-added unneeded complications to an already complicated lead paint case, which has been going on since June of 1999. Contractors who misrepresent their qualifications cause great stress to the homeowners and the system. I appreciate the time you are taking to review this complaint. If you have any further questions you may contact this office Monday through Friday, 8:30AM—4:30PM. Sincere y, —vim usan Ford Health Inspector Cc: Sandra Starr, Health Director file COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT NO. ANDOVER HEALTH DEPT. Plaintiff - v. - No. 99-CR-00264 JUNE THORTON Defendant CRIMINAL SUMMONS You are hereby summoned in the name of the Commonwealth of Massachusetts to appear before the Northeast Housing Court which will hold a session for the transaction of criminal business at Courtroom 3 of the Northeast Housing Court, at 2 Appleton Street, Lawrence, MA 01840 at 02 : 00 o' clock, Thursday, December 16, 1999 . all to answer to a Complaint made on oath this day before this Court, a copy of which accompanies this Summons . Please be advised that a Default Warrant will issue for your arrest if you fail to appear in Court at the time and place above mentioned. WITNESS, David D. Kerman, Judge of the Northeast Housing Court, on November 16, 1999 . Paul J. Burke Clerk Magistrate NOTIFICACION PARA LAS PERSONAS DE HABLA HISPANA: S1 USTED NO PUEDE LEER INGLES, TENGA ESTE DOCUMENTO LEGAL TRADUCIDO CUANTO ANTES . NOTICE TO OFFICER SERVING SUMMONS To any Officer who is authorized to serve criminal process in the Commonwealth, and to the Court Officers of this Court, Greeting: We command you in the name of the Commonwealth of Massachusetts, forthwith to serve this Summons and accompanying Complaint, in hand to the person listed herein at the address listed above, or by leaving an attested copy hereof at the Defendant' s dwelling or usual place of abode with some person of suitable age and discretion then residing therein, in any case at least twenty-four hours prior to the return hour specified in this Summons. MRCrP Rule 6 (c) (3) . Please make your return of service pursuant to the reverse of this Summons . ECMS : SUMMONS-CR REQUEST FOR CRIMINAL COMPLAINT FOR LEAD PAINT To any Justice or Clerk-Magistrate of the above-named Court : North Andover Health Dept. , Town of North Andover , on behalf of the Commonwealth, on oath complains that: June Thorton, 25 School St. , N. Andover, MA 01845 , was and is the owner of residential premises located at 19 Second St. , North Andover , MA_ 01845 wherein a child or children under the age of six resides; On June 11 , 199 9 , a representative of the Childhood Lead Poisoning Prevention and Control Program inspected said premises and determined that paint, plaster or other materials accessible to children contained dangerous levels of lead equal to or in excess of 1 . 2 milligrams lead per square centimeter or 0 . 5% lead by dry weight as defined by the Program' s regulations, 105 C.M.R. §460 . 000 and the public health law, Gen.L. c . 111 §194; On June 22 , 1999 , pursuant to § of the Program' s regulations, and pursuant to §410 . 832-. 833 of the State Sanitary Code, the defendant was served with a written order to remove or cover such paint, plaster or other materials, thus to comply with §197 of the law. On August 21 , 199 9 , and from day to day thereafter the defendant has failed to comply with the order, each such day being a separate offense and a separate and distinct count of this complaint; all in violation of Program regulations, 105 C.M.R. § , the State Sanitary Code, §410. 910-.920, and Gen.L. c. 111 §197-198; and did so willfully, intentionally, recklessly or repeatedly. �a e � 0 lainant Sworn to before the undersigned Clerk-Magistrate of this Court. /7o,✓ l' / &_ J�o Date Cle Magistrate Town of North 0*t &ORTN , OFFICE OF 6 O L COMMUNITY DEVELOPMENT AND SERVICES ° . A _4 27 Charles Street -, North Andover, Massachusetts 01845 �9SSACHuSEtty WILLIAM J. SCOTT Director (978)688-9531 Fax(978)688-9542 June'Thorton 22 School Street North Andover, MA 01845 February 2, 2000 RE: 19 Second Street Dear Ms. 'Thornton, This letter is in regards to the ongoing lead paint case concerning your property at 19 Second Street. On a number of occasions of our meeting you have referenced written documentation of proof of your progress in the matter of the lead removal at this location. However, in review of your file, it has come to my attention that the Health Department has yet to receive a copy of this documentation. The outstanding order against you requires that this information be given to this department. Please submit copies of the lead inspection report, all contractor estimates and all applications for financing as soon as possible. In addition to these documents, l will be asking the court to require you to submit financial documentation to substantiate your inability to comply with this order. In light of the next step in this process, which could be proceeding to a trial, any information that you can compile prior to the next court date would be beneficial to you. Thank yau for your cooperation in this matter. :�Cisan Ford Health Inspector Cc: file BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 02/10/000 13:19 9784633009 ASSISTED LIVING CENT PAGE 02 Assisted Living Center, Inc. 19 Beach Road Salisbury, MA 01952 (978)463-9809 Fax (978)463.3009 Ms. Susan Ford Health Inspector 22 Charles Street North Andover, Massachusetts 01845 Dear Ms. Ford: This letter is to confirm that Ms. June Thornton was involved in the MHFA sponsored Get the Lead Out program through a representative/consultant for our agency. Last week, we terminated our relationship with the loan representative/consultant with whom Ms. Thornton was working on the loan application. At this point, we are unable to locate her file but believe that her application was at the point of being complete, as her name appeared on the Est of loans that should have been completed within the next sixty days. I apologize any inconvenience that this has caused to you and to Ms. Thornton. If we are able to locate her folder, I will return that to her so she may proceed with the process through another agency. Please call me if I can be of any further assistance. Sincerely, Arthur Signorelli President s-�54 praY�jyt r June 27, 1999 June 21- Monday: received complaint from Health Dept. made by you. I called the health dept. and went over complaint with Susan Ford. Left you a massage about arrangements to make repairs and to remind you that the electrician might be by in the even- ing as previously arranged and if not definitely Tuesday. No response from you. The electrician called he couldn ' t make it, would be there next night. Knocked on your open door, all the lights were on, went over 4 times between 7: 30-8 : 30 no one came to the door. June 22-Tuesday: Missed you in the morning, left message that electrician would definitely be there. Electrician came,after he left I spoke with you, told you I had to get into the attic be- fore next Monday to remove some flooring so that he could get to the junction boxes. I also requested access to your apt. with your mother there during the day, or in the eve- ning when you were home. You said you would check and get back to me. Again no response from you. June 23-. Wed. : Didn ' t hear from you, I+'°called Susan Ford, asked her to assist me in gaining access. She spoke with you and told me you wanted 24 hrs. notice. I called you right after left message that I would like to go in on Thursday. You called and told me the daytime was out and that I could come in the evening when you were home. I asked you to call me when you were ready for me to come over on Thursday. June 24- Thurs . : I was at my daughters next door to you about 6 :00p.m. you were out side talking to someone, your father I believe, you looked over at us but said nothing. I went home to wait for your call. At 7: 00 I went to your door, I got no answer. At 7 :45 I decided to babysit for my daughter where as there was no word from you. I saw you look out the door when my daughter left. I got home at 9: 30 and found that my caller ID showed that you called me at 8 : 35 but left no message. You knew where I was and what did you expect me to be able to start at the hour of the night. June 25- Friday: I believed that I was going to get access on Friday evening but again you weren' t home. I checked at 7: 00 and there was no car. I saw no sense in calling to leave a message. I noticed that you hadn' t cleaned or moved any of your kids toys or your belongings from around the porch, as I had 'ask- ed for Saturday morning, so that we could take..care of tak- ing the porch down. Unfortunately, we could not have that done yet. But you didn' t know that. You waited to pick-up just a few toys Saturday morning. Page 1 of 2 i .v ( 2) June 26- Saturday: Caught you on your way out about 10: 30 a.m. , you said you were just running to the store and would be right back. I waited until 1 :OOp.m. I had to leave to pick- up supplies we need because my daughter and her husband were working on the yard and taking care of other things that needed to be done. My daughter spoke to you when you got home just before 1 : 30. You told her that you had a birthday party to go to at 2 :00 and would be back at 4: 00, but that you would be leav&ng again at 6 : 00 be- cause you son had a ball game. Would it have been to much to ask for you to have told me this in the morning before I wasted my day waiting for you. Because you never showed up at 4:00, you came back at 5: 00 and left 20 minutes later. If nothing else Sandra, all I needed was 20 or 30 minutes in the attic to take care of what was needed for the electrician Monday night. I have no idea what I 'm suppose to do now, cancel and wait til! ! ! ! .Sandra, I don' t know what you want from me. What is going to happen when I get an appointment for lead testing or if they have to do any removal. You have blocked me at every turn. . When I spoke to you 22 weeks ago about the electrician you told me that if it was during the day, just give you 24 hrs. notice and your mother would be there. Now, because it ' s me, it ' s become an impossibilit} to get any kind of cooperation. I 'm beginning to believe that you' d like to see me fail to comply so that I ' ll be fined or may- be even brought to court. A cc; sf/hd IPC6' 1 � , Page 2 of 2 TO NF QRiH DO uQARD OF 14EAL1 K jug 2 Health Department • Town of North Andover 27 Charles Street • North Andover,MA 01845 (978)688-9540 oil' To: Atty. Thomas Urbelis i Fax: (617)338-0122 From: Susan Ford,Health Insp., Date: 07/28/00 Re: Lead paint case,N.Afido Pages: -L- CC: ❑ Urgent X For Review ❑ Please Comment ❑Please Reply ❑Please Recycle In regards to the outstanding lead paint case against the owners of 19 Second Street,No. Andover. I received the lead compliance letter and then in Housing Court on July 20, 2000,the Town of North Andover requested dismissal of the criminal complaint on both defendants;June and Paul Thornton. In the absence of Judge Kerman,the Clerk Magistrate,Paul Burke,filled in and granted both dismissals. Thank you for your assistance in this matter. Susan Ford Health Department Town of North Andover 27 Charles Street 1 • North Andover,MA 01845 1J (978)688-9540 l To: Atty. Thomas Urbelis Fax: (617)338-0122 From: Susan Ford,Health Insp. Date: 05/23/00/,If Re: Lead paint case,N. An o e Pages: I CC: ❑ Urgent X For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Dear Tom, This message is in regards to the lead paint case, 19 Second Street,North Andover. I just wanted to give you an update on the status of the case. Things do not appear to be getting resolved as hoped. Mr. Thornton has contacted me a couple of times to inform me of his intended actions. Apparently he is now trying to do all the low and moderate risk abatement on this own. I reminded him that any abatement should be under the direction of the lead inspector and that it was to be completed by the 25th of May. The extent of his follow through has been minimal and possibly illegal. The renter called me this Monday to let me know that he has removed and replaced a door and covered a couple of base boards. Today, I checked with his lead inspector,the state Lead Program and a testing center. It appears that the work that he called and told me about, was being done by Mr. Thornton without proper authorization. CLLPP has no record of him applying for low risk abatement. Unfortunately, I was too busy to check this until today. If indeed Mr. Thornton did de-lead without permission from CLLPP, upon re-inspection,the inspector would have to report it as illegal lead paint removal. Mr. Thornton also mentioned the name of a lead removal contractor,but to date I have not received a signed contract for the work. Lastly,the new classification of"moderate abatement"( since Feb 1) involves the taking of a class and a subsequent exam. I spoke with the testing center in Woburn,holding the next class, which he mentioned, on May 26th, and he is not registered. On another note I have not heard from Mrs. Thornton or any of the lawyers. I will see you on Thursday at 2:OOPM at the courthouse. If you have any questions please call me. Thank you for your assistance in this matter. .,_ . . . . . . . . . . . . . . . . . . . . . . . Town of North Andover Q NORTH 1 y! OFFICE OF 3�o ti°L COMMUNI'T'Y DEVELOPMENT AND SERVICES 27 Charles Street :�9 North Andover, Massachusetts 01845 �9SSncHus��<y WILLIAM I SCOTT Director (978)688-9531 Fax (978)688-9542 LETTER OF PARTIAL COMPLIANCE DATE: November 18,1999 TO OWNER OF RECORD PROPERTY LOCATION June Thornton 19 Second Street 22 School Street North Andover,MA North Andover,MA 01845 01845 A Health Department ORDER LETTER dated June 14, 1999 was issued to you as the owner of record for 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 November 16,1999 indicated the correction of violations as listed on the attached sheet. In regard to the first floor window(misidentified as the second floor window) The renter did not make the window accessible to the owner by removing the air conditioner,therefore the repair could not be effected. In addition, due to the planned correction of lead violations that will most likely result in the replacement of these windows, it is determined that the owner is not required to fix the window at this time. All other outstanding conditions are directly related to the non-compliance to the lead law. A copy of this letter is being sent to the person(s) who made the complaint. If the complainant has any questions or comments concerning this determination of this partial compliance,the Board of Health must be contacted within ten(10) days of the receipt of this letter. 7anY. Ford Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 VIOLATIONS TO BE".CORRECTED NO LATER THAN TEN (10) DAYS FROM RECEIPT OF THIS ORDER LETTER: VIOLATION REGULATION REINSPECTION Attached side porch - flooring 410.500 damaged and splintering. Paint peeling. Floor joists weak. ■ Owner must maintain the structure in good condition and safe from hazards Replace all wood that is rotted or damaged: All surfaces must be cleanable and safe. Second floor, left room, front window 410.500 won't stay up. ■ All windows must open and close with ease 5 Repair window ballast as needed. Second floor front left bedroom - 410.351(A) electrical outlet not working. ■ All outlets in the home most be in good working order. - Repair as needed to meet state electrical codes Second floor, front right room has no 410.501(A)1 storm window N to be weather tight all windows should be in place Replace storm window Interior stairway has no railing on the 410.503 outside and it is above 30 inches off the ground l��� 1�' i:� ■ All stairways used by the occupants must be enclosed on both sides by a wall or protective railing at least 36 inches high. Balusters or ornamental patters between the railings must be no more that six,inches apart. Place protective railing with balusters on the outer side of the stairway Front door screen ripped 410.552 /PAP A-r ■ screens must be in good condition Repair screen in the doom Front screen door does not open properly ■ all doors must open and close without excessive effort Repair door Outside metal railings wobbly 410.452 ■ all railings should be secured Repair railing as needed f Positive lead paint determination 410.502 Lead paint present on accessible surfaces (see additional order letter) 1 cc: Sandy Richards File $ } Town of North Andover AORTN OFFICE OF 3�0y t, lo �tioL COMMUNITY DEVELOPMENT AND SERVICES ° . 27 Charles Street 'x WILLIAM J. SCOTT North Andover, Massachusetts 01845 -1 CHUStit�y Director (978)688-9531 Fax (978) 688-9542 NORTH ANDOVER BOARD OF HEALTH ORDER Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: June 14, 1999 To Owner of Record: Property Location: June Thorton 19 Second Street 25 School Street North Andover, MA North Andover, MA 01845 01845 An authorized inspection was made of your property at the above address by North Andover Health Department personnel on June 11, 1999. 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 allotted time period may result in a criminal complaint against you in the Lawrence District Court and may result in an assessment of a fine. You have the right to request a hearing before the Board of Health if you feel this 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 witness and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to,be heard. You may be represented by an attorney. You also have the righf to inspect and obtain copies of all relevant records concerning the matter to be heard. i7 =Sud n Ford Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 • y Town of North Andover1 AORT4 OFFICE OF �a° °c . COMMUNITY DEVELOPMENT AND SERVICES ° . p 27 Charles Street North Andover, Massachusetts 01845 ° •'''`�y WILLIAM J. SCOTT 9SSACHUS�t Director (978)688-9531 Fax (978)688-9542 LETTER OF PARTIAL COMPLIANCE DATE: November 18,1999 TO OWNER OF RECORD PROPERTY LOCATION June Thornton 19 Second Street 22 School Street North Andover, MA North Andover,MA 01845 01845 A Health Department ORDER LETTER dated June 14, 1999 was issued to you as the owner of record for 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 November 16,1999 indicated the correction of violations as listed on the attached sheet. In regard to the first floor window(misidentified as the second floor window) The renter did not make the window accessible to the owner by removing the air conditioner, therefore the repair could not be effected. In addition, due to the planned correction of lead violations that will most likely result in the replacement of these windows, it is determined that the owner is not required to fix the window at this time. All other outstanding conditions are directly related to the non-compliance to the lead law. A copy of this letter is being sent to the person(s) who made the complaint. If the complainant has any questions or comments concerning this determination of this partial compliance,the Board of Health must be contacted within ten(10) days of the receipt of this letter. Sincer , san Y. Ford Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 y VIOLATIONS TO BE CORRECTED NO LATER THAN TEN (10) DAYS FROM RECEIPT OF THIS ORDER LETTER: VIOLATION REGULATION REINSPECTION Attached side porch - flooring - - 410.500 damaged and splintering. Paint peeling. Floor joists weak. ■ Owner must maintain the structure in good condition and safe from hazards Replace all wood that is rotted or damaged. All surfaces must be cleanable and safe. Second floor, left room, front window 410.500 won't stay up. ■ All windows must open and close with ease Repair window ballast as needed. Second floor front left bedroom - 410.351(A) /o��f g� .,e electrical outlet not working. , ■ All outlets in the home most be in good working order. - i Repair as needed to meet state electrical codes Second floor, front right room has no 410.501(A)1 storm window s to be weather tight all windows should be in place Replace storm window Interior stairway has no railing on the 410.503 outside and it is above 30 inches off the ground ■ All stairways used by the occupants must be enclosed on both sides by a wall or protective railing at least 36 inches high. Balusters or ornamental patters between the railings must be no more that six,inches apart. Place protective railing with balusters on the outer side of the stairway Front door screen ripped 410.552 /Pb.2 7 ■ screens must be in good condition Repair screen in the door Front screen door does not open properly ■ all doors must open and close without excessive effort Repair door Outside metal railings wobbly 410.452 ■ all railings should be secured Repair railing as needed Positive lead paint determination 410.502 Lead paint present on accessible surfaces (see additional order letter) cc: Sandy Richards File • NORTH ANDOVER HEALTH DEPARTMENT North Andover, MA 01845 Telephone (508 682-64 3, Ext. 32 iJ 7 C ,;Zr 1e-.5 ' Housing Inspection Report COMPLAINT # M+i COMPLAINANT ADDRESS OF PREMISES / w f 3 .7z-2 OCCUPANT OWNER u 1 •- OWNER'S ADDRESS Z1, a - f DATE OF INSPECTION HOUR 27 fl� ROOMS/VIOLATION: 100, Zvi i-oma-.. a ` a3 � ter - zo, 2 INSP CTOR Form MR-1 Action Press 885.7000 Town of North Andover NORTh t :_ OFFICE OF °t•�'``° •1tio COMMUNITY DEVELOPMENT-AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 �9' •,.,° "`�e WILLIAM J. SCOTT SSACHUstit Director (978)688-9531 Fax (978)688-9542 DATE: June 16 , 1999 ORDER TO CORRECT "�LCLATTOy(S) June Thorton 25 School Street No. Andover, MA 01845 Owner or agent of the property located at 19 Second Street Be advised that an agent of the Board of Health has determined certain portions of the aforementioned residential property to be in violation of the State Sanitary Code Chapter IT, "Minimum Standards of Fitness for Human Habitation," 105 Code of Massachusetts Reguiations (COIR) 410.750(J). This violation also constitutes a violation of the Lead Law, Massachusetts General Laws (�SGi), C'moter 111, Se='on 197, and the Regulations for Lead Poisoning Prevention and Control, 105 C.`viR 460.000. Conditions exist in this residence which may endanger and/or materially impair the health of the occupants of these premises. DECLARATTON OF EMERGEN-CY The Director of the Childhood Lead.Poisoning Prevention Program and the Board of Health declare that the presence of the aforementioned violation of the Lead Law and the Rezilations for Lead Poisoning Prevention and Control constitutes an emergency pursuant to the Lead Law, IIGL Chapter 111, Section 198 and within the meaning of the Sanitary Code, Chapter I, 105 CMR 400.200(B). BOARD OF APPEALS 688-9541 13UILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 CORRECTION OF LEAD VIOLATION(Sl The Lead'Law, iViGL c. 111, ss. 189A-199B;and the:`Derartment of Public Health's Regulatiom for Lead Poisoning Prevention and Control, 1.05 CN1R 460.000, require that residential premises or dwelling units built before. 1978 have lead paint violations either abated and contained for full compliance or brought under interi n control when a child under the age of six lives in the residential premises or dwelling unit_Lf you. are interested in interim control, then you must hire a licensed private risk assessor to perform-i.risk assessment and issue a "Lead Inspectiod/Risk Assessment Report" before you proceed.if you are interested in deleading for full compliance, then you must hire a licensed private lead inspector.to perform a lead inspection and issue a "Lead Inspection/Surface Assessment.Report"_before you proceed.. _.. The Lead Law, the Department ofl:a_bar and Industries'Deleading Regulations, 454 Cly 22.00, as well as the Regulations for Lead Poisoning Prevention and Control requirethat any high-risk residential lead abatement and containment activities, including making loose paint, plaster or putty - intact, be performed by Iiceased deleading contractors—whether in the context of achieving interim control or full complianc:!-- An owner or owns agent, after ming the training requirements.of 105 C'Na 460.175, may perform certain low-risk abatement and containment activities-in accordance with these regulations without a deleader's lice-ase—again, whether in the context of achieving interim } control or full compliance..These. spec low-risk abatement and containment activities are the following: applying encapsulants; applying such coverings as carpet, vinyl, aluminum, plywood, plexiglass, and acrylic, to surfaces, including siding of exterior surfaces; removing doors, cabinet -doors and shutters;and capping baseboards. In addition, an owner or owner's agent may perform structural repairs; as defined in 105 CMR 460.020, and cleaning of leaded dust, as may be required for inierim-control,'6ccept that the ftnal"cierii=up required after the completion of-high-risk abatement and containment work by a licensed.del* must be performed by a licensed deleader. Violations of these requirements shall be punished by a fine of not less than 5500 nor more than 51,500 for each offense. ORDER You are hereby ordered to remedy all violations of NSGL c. 1-!1, s. 197 and 105 Cly 460.000, as identified by a licensed private lead inspector or, if you wish to pursue interim control you must remedy.all urgent lead hazards identified by a licensed private risk assessor. Whether you pursue full compliance or interim control, you must correct the relevant violations in accordance with the following schedule: - Within sixty(60) days of your receipt of this Order, you must provide to this agency a copy of a signed contract with a-licensed.deleader, if any high-risk abatement and containment work, including making leaded_ paint,putty ot;`,plaster intact, is-required.. If you or your agent is doing owner/agent low-risk abatement and containment and/or-interim control work, you must also provide within sixty(60) days a signed and completed CLPPP form entitled "Documentation of Training to Perform Owner/Agent Low-Risk Abatement and Containment and Deadlines by Which Owner/Agent Low-Risk Work and/or Interim Control Work Will Be Completed." The .contract must specify , and if you or your agent will be performing low-risk abatement and containment work or interim control work, then you or your agent will attest in the CLPPP form described above, that the work will be completed according to the following schedule: (a) VoIations ofthe.interior of the dwelling unit and interior common areas must be abated orcontained for full campIiance; or as required for interim control, within ninety(90) days of your:receipt of this Order. However, you have a total of one hundred and twenty(120) days from receiving the Order to complete the following activities:. (•) y- risk abatement andcontainment work you.or your agent perform.as long as-:all dust'generating abatement. or. containment work; including surface: ,:.. preparation;rdquued to-be done by a licensed deleader, has been completed, and _ anydoorsremoved have been replaced, within ninety(90) days of yourreceipt of Order;.-` Ai- _.. a (n) application of encapsulants by licensed Level- H deleaders, as long- as all dust- gen=tmgg abatement or containmentwo -including surface preparation required work - to-be done:by-a licensed- eleader,.has been completed-within ninety(90) days of youurrecei t --- - _ this -[ -� installation:of r Iaceinent windows, as long as you can-demonstrate that new - windows:have:been:'ordered within ninety(90) days of your receipt this Order: - (b) : violations on the exterior-of the residential premises and exterior common areas+niust - - .- -- be abated.andlor contained for full d compliance_oras required for interim control, within one hundre and_twenty(120) days of your receipt of thisOrder.. - .. ..-._-- -`.d-•...Ir•.•-.�.r.++a -.,.. .tet t: .. .. contracitlradel .•, _ twding` IItractor'mustal o S �. pecify,that the unit will meetacceptable. lead dust levels,+as-determined by the results of sampling done.by the licensed private lead _ inspector any assessors the time of the reoccupancy reinspectiorir if one,is necessary..'. Should anof the-dust sam les--fail.to meet ecce table standards'" P , the contractor will be required to reclean the entire unit until all dust samples meet acceptable levels. In.interim - -- - .;,,5a... .. °control cases in wTuch no reoccupancy reinspection is necessary and no deleading contractor '= " involved because no lii`gh risk abatement and containment.activities,including making leaded paint;plaster or putty intact;were necessary, then you or your agent who performed required work will be responsible for cleaning the unit to meet acceptable dust IeveIs. >n these cases, dust levels will be determined by the results of sampling done by the licensed private,risk. assessor at the time ofthe risk assessment reinspection. Any room or interior area in which" one or more surfaces does not.meet.acceptable dust levels must be recleaned by you or your agent.in its entirety.. - �., _ - _. -You must comply with all of the deadlinesstipulated above, and with all applicable sections of 105 CMR 460.000: ComPiiance-vvitlr this'-Order will-be determined;by this agency's receipt. of the appropriate- documentation-within the specified deadlines. The documentation consists of the following: a) if any high-risk abatement and containment work is necessary, including making lead-painted surfaces intact, a copy of a signed and dated deleading contract with a licensed deleader; b) if you or your agent will be doing low-risk deleading work or such other work as may be required for interim control, such as structural repairs and lead-dust cleaning for interim control, a completed and signed copy of the CLPPP form; "Documentation of Training to Perform, Owner/AgentLow-Risk Abatement: and Containment and:Deadlines by Wtiicli. Owner/Agent Low-Risk•Work ardor-Interim.Control Work Wffl be Completed"; c) iutterofLrad Paint(Re)occupancy(Re)inspection Certification issued by a licensed private -::-- ,.":lead inspector orrisk assessor, in.cases in which high-risk abatement and containment work, suctr as making loose lead paint, plaster or putty intact, is necessary, thus requiring occupants - oto fie.reiocated from the unit for the duration-of the.work, d) copies=of results of-all'dust samples taken by the licensed private-lead inspector or risk e) a: 0 . Del eading Compliance issued by a licensed private lead inspector or a Letter -`�t of interim Control issued by a licensed.private risk assessor r .. v.• additioiz a copy of the deleading notification must be received by flus agency at least"teir(10) -" .. ' N business.daysj*i&to anycommencement of deleading;whether performed by a:deleaderor you or µ - youragi*t Aniwhether in-thecontext.of fiill compliance or interim,control_ PENAETIES` - Failure to='comply with this-order will result in.criminal,prosecution. The law provides penalties of up to $SOO-for_"each dayofnon-camp liance. In on, you may become,liable-for"civil punitive damages:equaLto:three times,;any actual.damages for failure.to coin 1 with.this:order:if:a.child - G becomes-Qoisoned: t. CORRECTIOM-OF=VIOLATIONBY CODE ENFORCEMENT AGENCY Ifwithiri_-the:ttme periods stipulated above the aforementioned.residential property is not brought into full.compliaac�oriuterim control, this_agency.may"contract with a licensed deleaderto.correct the violatibil(S)'and obtain a I:etter of Full Defeading Compliance or a Letter of Interim C-ontrol, and bill the owner;"otinitiate:courtaction to reimburse itself RIGHT TO=A HEARING You may"request a_fiearing pursuant to 105 CMR 460.900 of the Regulations for a Lead Poisoning Prevention.and Control, in conjunction with the procedures of 105 CMR 400.200'(B), the Sanitary Code provision'-for hearings ernergency public health matters. As already Hated, the aforementioned violation constitutes an emergency. .(See"Declaration of Emergency" section.) As such,. you may request a hearing only if you have complied with this Order. The hearing will be provided:within ten days of your request. This agency shall issue a written decision within severi.days afftecthe hearing. ___._. . Director Certified?1GIaiI No. C:1WP3a11BAD19951GMiERALZHOTM9AW% _ l t Town of North ©y}h AndovQt _:,:,. ---: ...:....:,...,:•, ,: tORT�j • 1 OFFICE OF ... OL COMMUNITY DEVELOPMENTAND SERVICES 0 A 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT sA<Huse Director (978).688-9531 Fax(978)688-9542 Date:. Paul Thornton c/o MA State Police 50 Wetherbee St. Antnn �_ MA nl7*)n Dear Mr. Thornton A lead paint determination was made of the property owned by you.at 19 -Second- S t by Helath Inspector of the, North Andover Public Health Department on The determination revealed the presenc-of lead paint in violation of Massachusetts General Laws, Chapter 111, section 197. (978) Please contact this office at .6 8.8-5 5 4 0: as soon as possible to discuss your responsibilities in this case, and the material enclosed. The Massachusetts Department of Public Health (DPI-1)'s Lead Poisoning Prevention.Regulations require that you provide to this office, within sixty (60) days of your receipt of this letter, a contract with a licensed deleader, signed.by both you and the &leader, to abate and/or contain all lead violations existing in the dwelling unit, including interior and exterior common areas. You must provide the deleading contractor with a complete insper ion report from a licensed private lead inspector,.including an assessment for encapsulation if desired. Also, if you or your agent is planning to do any low-risk abatement and containment.work, within sixty(60) days of your receipt of this Ietter you must provide this office with a signed and completed Childhood Lead Poisoning Prevention Program (CLPPP) form entitled, "Documentation of Training to Perform Owner/Agent Low-Risk Abatement and Containment and Deadlines By Which Owner/Agent. Low-Risk Work Will Be Completed." This form is available from CLPPP in the Homeowners Abatement package. The contract with the-icer=d deleader-mustspecify,and ifyou-oryyour.agent will be performing low- risk work, then-you or your agent will attest'in the CLPPP owner/'agent form described above, that the deIeading will be completed by the deadlines described in this paragraph. All violations on the interior and interior common areas must be deleaded within ninety (90) days from your receipt of this letter. However, you have one hundred and twenty (120) days from your receipt of this letter to complete the following: any low-risk deleading work you or your agent perform, as long as all dust- generating abatement and containment work, including surface preparation, required to be done by BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 a.dce:ised deie,der has been completed, and any doors that were removed have been replaced. within ninety. (90) days; application of encapsulants by 'Level II deleaders, as lonC as ail dust-szeneratine abatement or cont auiment worl•-_ including surface precaratior, has beer, completed vV!tiilri r�inet (90) days; and iinstallatien ofreplacernent wir_dcws, as lent/ as you can document thatpoly vr,ndo�ys have be=ordered within.ninety (90) days. AE e:caerier violations mus be deieaded wittun one hundred and twenty (120) days. The contract must also specify that the unit will meet acceptable dust levels. as dete..`Mled by the sarnmEns done by the licensed private lead inspector, and that the deleader tiviIl be required.to reclean the unit if necessary until it meets acceptable standards for oust. This Department is required by law to file a case against you in court t if it has not received the repaired docume-rts by the sixty-first (61st) day, or if the timelines for interior and exterior deleading compliance are not adhered to as documented by a private lead inspector. In a crinnin2l case, you may be fined by the court up to 5500 for each day of non-compliance. Under the law, only deleading contractors licensed by the Depa=ent of Labor and Industries (DLI) may engage in the abatement or containment of Down lead hazards, with the exception of certain low-risk work that may be performed by an owner or owner's agent without a deleader's license. Before such an owner or owner's agent may perform low-risk abatement and containment work, he or she must read the Childhood Lead Poisoning Prevention Program (CLPPP)'s educational.booklet, view the CLPPP encapsulation video, and take a self-carreed exam that mus be submitted to CLPPP. To rec:21.ve a.copy of the Homeowner Abatement package, call the CLPPP Central Ofrnce at 1-800-532-9571. Also available from CLPPP-, at!the phone number above, is the booklet, "Deciding Whether to Encapsulate." If after reading it you decide you would like to have an assessment for encapsulation perTorMe-, you mus hire a lic.--ised private lead.inspector to perform this assessment. Results of the assessment shall be recorded on the initial "Lead Inspe=ion/ Surface Assessment form" and a copy should be sent to me.:Only those surfaces approved by the licensed inspector will be eligible for encapsulation, no matter who actually applies the encapsulant — a licensed Level II deleader or you or your agent. I have enclosed a list of licensed private lead inspe�ars. If you would Ice information about financial resources available for deleading, a pamphlet entitled "Deleading? Grants &Loans for Property Owne 1995 Resource Directory" is also available from CLPPP. At least 10 business days before any deleading work begins, the. deleader must provide written notification to DLI, all residential occupants, the Board of Health and CLPPP. It is your resconsioility, as the owner of the premises, to make sure the contractor sends the completed forms to all parties. If you or your aunt will be pei�prrning-low-risk-abatement and containment work, you are responsible for providing the written notice of deleading to DLI, the residential occupants, the Board of Health and CLPPP, and also for writing on the form which low-risk abatement and containment activities you or your agent will be performing. All occupants and pets must be out of the dwelling unit for the entire time that interior deleading work performed by the Iicensed deleader is in progress. Occupants and nets may remain in the unit while you or your,agent perform low-risk abatement andcontainment work, as Iong as they stay out of the work area.Also,.occupants and pets_must.be out of the:unit,entirely while you or your agent apply coverings to a surface with peeling,:chipping or cracking lead paint or plaster. Occupants and pets who-have been.out of the unit may not return.until a.licensed private lead inspector approves reoccupancy by_conducting an-on-site reinspection.ofthe unit,including taking dust samples to assure that lead dust Ievels meet approved standards..This reinspection-will.be done at least 25 hours after deleading work is done: the inspector must wait at least one hour after the deleader performs a final clean-up,:.and the deleader must wait at least:24-hours--'after the:completion:_ofdeleading work to perform that final clean-up. Deleaded,surfaces are-not to be repainted until the inspector performs the reinspection-and gives approval. - All work is to be done m a worlQnanlike manner,.andthe dweiling=must be returned to a.condition that meets the requirements of Chapter.H of the State Sanitary Code. Scraped surfaces must be feathered and made smooth by the deleader prior to repainting. (Repaint only after reinspection). Deleaded windows and doors must have all panes ofglass intact and must be-weather tight. You are.required to provide:written notice-of.the presence of lead paint to all otheroccupants of the - building. `Notice to Tenants of Lead Paint Hazards" is enclosed for that purpose_ You are required to send a copy of the.inspection"report and the enclosed order to all mortgagees and lienholders of record. Questions regarding Department of Labor Industries.regulations should be addressedto the DLI office (617-727-1932). Questions regarding the�Department of Public Health regulations should be. addressed to the CLPPP central office (800-532-9571.) or this Department ( ). Inspector - Director cAwp50Ucad1995\geacra1\bhcov395.wp6 Town of North Aaaovi� "raRT� OFFICE OF COMMUNITY 3.3EVELOPN ETNT--, ND SERVgCE,S 27 Charles Street 's- North Andover, Massachusetts 01345 WII.LIAM.r SCOTT Director (973)633-9531 - , . _ - :L� D ET-r�.-NTA'_'102T �^�n� r C�u Fax (97S) 633 9542. 9-s� Scdlurn Suifd,: F-x:r,radcn d=. :_ -7 �..Z 7 X-Ray Flucrescrnce._;v(cde!: Propert-,,.zC4dress: L�scincioa of P-cec^r _ _.. ---- ,--_ aisle falmly ✓ �(uiti-fariiiv T units _ - �. _.._ .._.... enc,, _,-... Oche:suuc,.ires - gr of Proce.cv- /Pre-1978 l Post-1978 Oc upanc !2 J Oe 1pants unde-sLK vear or asc: - --- _ � �f '�'- .•.. _. , DOB::__ .� �'" ss _. _ _ DOB: DOB:. Occup ant's Tc!cr aocc: P-ooe-v Owrc:;s)- Owne-'s Addrers: S 5 o f Al Owrne-'s Tc!ephane Lead Ha-:rds fou.d? es ✓ No - An X-ray Ltuorescencr reading T-eat_r than 1.2 mg/cm2 or a gay or black rcacaon to scdium s;ilfde indicate-a•pasitive leve!of lead and constitut= a positive dc:,a:rrination. - Dereadine of Iead pint`-d surfac-s as a result of chis report or subseque It ui sncc--ion crust be per<orme by a licenses dcieadins contrac:.or and/or by an owner/aacnc who is trained to perform, spm:flc were as rc;,uire3 under the Lead Law. Contac:the C'ilchc)d Poisoning Prevention Prop_,= for additional itLerrrracion regarding deicading and training. - BOARD OF APPEALS 633-9541 BUILDfNG 683-9545 CONSERVATION 683-9530 HEALTH 688-9540 PLANNING 683-9535 1-7 I.00.,TIQN I CI. Or vIRI _Li I Pb I . f' CP.iids bearocr-, I Window y' ?. I Culla S.li:�.:rl.'li I �YV�ilaGw sail I �I .. Vilrdo,,v -ink 0e��/e.�e�er s' Y lraC u C u my bZ�GCZ. ^C, /v I SII Irate:-,Gr F z-l;nz pain: 6. Ere.^cr. I i Ftan- paint 7or -- I Cellar xindcw units I i - Q. I E;.e:ior I Window sails be:ew I i cl. I E:neriar cccr CrS:nr I i Ia. me^Gr I C'utslde ccme.' CIC eCC� C I i Klic:.eTCcEatlLL-ccn I Clair rail I?. I Eads racm I Window sill 1�. I Er:en.or-- I Thresl old I i I s. I Irate..^,Cr bail'ua�r(c rrrrGr. arel) I 5 crt d Cr 1�. I Lute^er Fudlvar(common area) I Eaiuste:s _ to. I Irate Gr ti!Iway(cca=dn aiJ:a) I DGGr — _ i o Z?�5� i 17. I Pcrc I Sc::ir treZd or rise: PGr::. Po 5 t9. Porch i .0. Parc I S�coor colu,�asf<o'' r ciCrcLse)r rGYtG i.1 66 3 "-13 V d S � 22' e:;cr :�. I C ra�e0utculialtic I DGor cis,ing orjarrb Interior I I Close: dear or baseboard (urescaed) - ��. Interier I Cabinet dear, she'.f, cr I � i i - The Commonwealth of Massachusetts Executive Office of Health and Human, Services Department of Public Health Lead, Poisoning Prevention Program Childhood ....._:. . 470 Atlantic Avenue, Second Floor WILLIAM F.WELD Governor Boston, MA 02210 617-753-8400 / 800-532-9571 ARGEo PAUL CELLUCCi Lieutenant Governor GERALD.WHITBURN Secretary = - DAVID H. MULLIGAN Commissioner ---- - _:_ 7_7777=77.7.17-7' DISCLAIMER CONCERNING LEAD DETERMINATION REPORT — The information contained in-this report concerning the presence of lead paint does not constitute s a comprehensive lead inspection_The-surfaces tested represent only a portion of those surfaces that would be tesfed.to determine whether the premises are in compliance with the Massachusetts - _.Lead Poisoning Prevention Law(Massachusetts General-Laws, chapter 111, sections 189A - through 199B). Serious lead poisoning hazards.are created when materials containing lead paint are disturbed, unless proper safety••guidelines are followed. Therefore, Massachusetts law requires that:. All lead paint removal,.and in.general, most,of the work required to abate and contain lead _ paint violations, must be a done by a licensed deleader. However, property owners and their - unlicensed agents may perform-certain low-risk abatement and containment activities without a deleader's license. Before they do'so, though, owners and their agents must obtain and review educational materials produced by the Childhood Lead Poisoning - Prevention Program,.and complete and send back to CLPPP a self-corrected exam_ The low-risk abatement and containment activities are the following:applying encapsulants; - covering surfaces; capping baseboards; removing doors, cabinet doors and shutters; and applying exterior vinyl siding. Letters of Full Compliance will be withheld if unauthorized deleading has occurred. Any renovating or rehabilitation.of,premises containing dangerous levels of lead paint. must be done in compliance with the'procedures set forth in=the Deleading Regulations issued by the Department-of Labor and Industries (454 Code of Massachusetts Regulations 22.11), including sealing off the work area from adjacent areas, and using a HEPA vacuum and tri-sodium phosphate (TSP) detergent for final clean-up. Any deleading work done on the basis of this report will not qualify the property owner for a state income tax credit, nor will the cost of such deleading be reimbursable under any state loan or grant program. In order to qualify for such programs, the premises must first be subject to a comprehensive lead paint inspection. If a child under six resides in this dwelling, the property owner may face criminal or civil liabilities unless all lead paint violations have been corrected. This lead report cannot assure that the property owner-has met his or her obligations under the law It is unlawful for rental property owners to use the presence of lead as'the basis for discrimination against tenants or-potential tenants with young children. _- C:1WP50U.EAD199J\GENERALIDISCLkMLWPO Rev. 11/95 The Commonwealth of Massachusetts -Executive. Office of Heal.th.and Human Services: .< r. Department-of-Public`Health Childhood Lead Poisoning Prevention Program r 470 Atlantic Avenue,:Second Floor - witt;;;a wEiD Boston,: MA -02210 Govemor , 617-753-8400 / 800-532-957.1 ARGEaPAUC:CEMUCC1 _--- - h Ueutenent Govemor. x .n - Commissibner RESIDENTIAL DELEADING ADVISORY'` - -=:Tlie process:ofabatiag oe(:bhtaining lead'paint(commonly called deleading)'caabe uery, 7. dangerous;whether itis-done'f6rfiill:compliance or as part.of bringing a.unit under interim = __ -= 7_ - controE.Eoithis.reason; et Lead.Law(Massachusetts General Laws chapter III.Sections-189A throue 199B) alieRegulations�forLead Poisoning Prevention and*Control(1OSC'odeof "'"' Massachusetts:Regulations-460.000) and the-Deleading Regulations(454 CMR.22.00)require- that a licensed deleading contractor remove lead.paint, and in general, perform all deleading work necessaryto-correct�lead`violatxgns that.is'not�low risk'The Lead Law;:as:.well as-the-Regulations for.ead:Poisoning-Prevention and.Control, allovrproperty owners and'theiragentstd.perform .• certain low-iskdeleading activities without.a deleader's license, whether the work-is-done:for Sill compliance=oriinterim control:Before they do so though,-owners and-their agents-must obtain- -and review educational"materials produced by the Childhood Lead Poisoning Preventiorr Program, - and complete an&sen -bac'-to CLPPP a.self-corrected exam.The educational materials include the informationr for owners and'their agents about safety precautions-and cleanup:requirements: Thee low-iisk-abatement and containment activities-are the following specific-activities::#p Lying encapsulants. covering,surfaces;capping baseboards; removing doors, cabinet_doors.and shutters; and:applying�exteriorvinyl-siding::Property°owners and,theiragents-mayalso.perform-other:work that maybe necessaryfor_interim contioI such as structural repairs�a id lead_-dusttcleaning - The LeadLaw-ah(f the Regulations for Lead Poisoning Prevention and Control-have- additional regi E6f ntsto make sure that occupants of a dwelling unit are not exposed'to lead - hazards.The most important requirement is that any occupants be relocated from the dwelling unit:while a.deleader fs performing any deleading work that is not defined as low-risk on interior surfaces:Property owners and occupant \ahould refer to"Notice to Property Owners and' _ Tenants`tenants'rights,"Responsibilities-'and Remedies"for move information on alternative housing-arrangements'Occupants may continue to live in a unit while an owner or agent is performing specified low-risk:deleading activities, or other work that may be necessary for interim control, such as structural repairs or lead-dust cleaning, as long as they stay out of the area in which these kinds of activities are taking place. However,-occupants must be out of the unit for the day while an owner or owner's agent applies coverings to a surface with peeling, chipping or cracking lead paint or plaster, and during spray application of encapsulants, and may return'at the end'of the workday, after the owner or owner's agent.has cleaned up, but need.not.be out of the unit.overnight. It is very important.that.occupants think.carefully about what their daily needs will beduring the time they areaway from home, and take,along all that they will need.-No one.should. return to-a.dwelling-unit while„a deleader is still.working or while an owner or agent is,covering a surface-with peeling_chipping or-cracking lead paint or plaster, or applying encapsulant by airless sprayer: Both-property.owners'and occupants must take their responsibilities-seriously and cooperate fully to assure the protection of-all..concerned. No one should interfere with the work being,completed safely:.. _ . Occupants of the unit in which any kind ofdeleading work is taking place, whether for full compliance or,as part of interim control, and other residents of the 6uiidingT.if any, must:receive ` -- written notificati61r.4tleast10 business days prior to the beginning ofany leea- paint abatement and containment wori-Beforea deleader begins work;all:furnishings-and-'possessions of_every - --- type should'be removed or stored in plastic bags-in non-work areas..This includes all children's - - . clothing;.toys, stuffed animals, bedding, etc'Everything should be removed:and.closets-must.be emptied.Possessions not removed from the work area should be put in plastic bags and.left-in the center of the room only as a.last resort:The reasorr:for these exiensrve precautionary measures-is_77 —to protect every household.article from lead dust contamuiatton_.Very fine dust is extremely'' - hazardous:and especially difficult to.remove:Belon ' must aLwo be: rotectedbefore.am owner._ - - - _.... - 8mgg; t _ _..�_P oragent performs low-lowcontainment work,orotherworkthat ma :bere cued. .. s. . s., w - Y. o. • t _ for interim.contro4-but the•precautions.are.not as extensive:f br-.th&_type ofworlc Ing general, it is recommended that furniture and belongings be moved outside theworic area;.or covered with _ .:_thick plasticand sealedwitlyduct tape,before low-risk abatementandcontainment-begins. . . Avery thorough final clean-,up will be conducted by the deleaderno soonerthan 24hours._: _ - ._ _ after the completion of the delea&r's:interiorwork-Thi_delay easures thitfine_aii6orne particulate.will.settle out and,be.removed in the final.clean-uu...Occupants:can-return only aftera lead inspector..or risk assessor determines that a residential premises-,ordwelling unit is safe through.the reocrupancyremspection,:which will.include an analysis of lead dust levels within the - home. .Occupants.should leave:a:phone-number where.they-cart bereacfiedso,.that the inspector or " risk assessor can notify them when it is safe to return home. OccuQants�cannot_be.permitted to reoccupy the home-unit.until the:dust sampler-are:foundto.indicate.acceptable lead dust levels. If the property owner going or*agent is to be performing.low-risk deleading woricor other.work that. - . may be re.uired-for interim.control after.the.occupants.return-home;they_wiltbe taking•some-- --- precautions as.instructedin.the-CUPP educational.materials_.They_willalso be responsible for. cleaning up when theyare done(and need not wait 24 hours after completion to do'so). An inspector or risk assessor will return at that point.and-perform a reinspection to.-check.the owner's or agent's work: - While,there is no substitute for correcting lead hazards through full compliance, or bringing a' unit under interim controls and.then performing a thorough.clean-up to protect children from lead exposure, there are some important steps that can be taken even befoie.work for-full compliance or interim control begins.-:Y- our lead.inspector's or risk assessor's advice and.counsel should be carefully;followed because of his/her personal knowledge of your child's home environment. As part of their normal behavior, young children place things in their mouths, especially toys and their own fingers. If there are leaded paint chips and dust in your home, they may end up in your child's mouth. Children's fingers pick up:lead dust; as do toys, food:and candy that fall on the floor. It is especially important to wash your child's toys and to try to keep your child's hands clean, particularly at meal.time.. Areas.of peeling, chipping or flaking lead:paint and dust should be cleaned-Wet sponging and mopping with detergents containing phosphate, such as TSP (tri-sodium phosphate), sold in most hardware stores, or-automatic dishwasher-detergents I's uch as Cascade-or Sunlight, or otherlead- �pecific detergents,are best for this kind.of cleaning..Windows and window sills in particular are _.,,. often a major source of Iead exposure. Sills should be cleaned regularly if paint dust or flakes - collect-there'. If windows are in poor condition,the best thingto do may be to keep the lower sash closed:and open only the upper sash for ventilation.(This has the added benefit of protecting.your child from accidental falls from'the window.) Contact paper-maybe:applied to areas of peeling paint on window sills,,waE.or other surfaces.as a.temporarymeasure Db not use your household _ - vacuum cleaner to clean up paint chips, because rt wffdisperse.fine particulate into the air. -- Sometimes furniture can be moved to form a child-protective barrier to cover deteriorating paint or plaster. If deteriorating paint or plaster is is the.child's bedroom, use another room as the child's room, if possible. Think of those parts of the home where your child spends most of his or --� her'time, and:try to keep them as clean as you can before your,home's lead paint hazards are - -- addressed.through full compliance or interim control_ ; Lead paint can contaminate soil. If the exterior surfaces of ourhome have chi m peeling ' - P y -- PP g, P g or flaking paint; do not allow your child to play in the soil.around the house, and be careful not to - - track soil from these areas into the house. Follow the advice:of your lead inspector or risk -_ assessor about soil on your property. 4 C 1WP50\18AD19951.4HAROMADVISORY. - Rcv.9/95 " Further tcv.9/95 s The Commonwea "h Ith of Massachusetts 4 Executive Office of Health and Human Services t Department of Public Health _ _._ Childhood Lead Poisoning Prevention Pro ram ' 470 Atlantic. Avenue; Secortd.Floor WILUAM F.WELD Boston' MA . 02Z1 w0 Governor: 61.7 753 8400 / 800-532g5?1 ARGEQ.eAUI_CELLUCCI _ ... Lieutenant(k4ernor GERALD WHITMAN'.' : .. __.. cr` --- Secretary - .. a. z x%nEie x rti j AVID H_' MUWGAN ....... '" - commissioner. .. -- ; '. •..nv. Fes...:-' ._- .. ; -....-::...� .._.._...>.. .. .> - - NOTICK TO'PROPERTY OWNERS;AND TENANT.Ss- TENANTS'-RIGHT:RESPONSIBIL-TTIES-AND-RE7*MIE -- JF- . - VIOLATION:,-::.1zr:..._.._ ._ _ ---_ _ :- :_ � �»-• It has beemdetermined that".the:residential premises or.dwelling unit and/or common areas at thee.. address 6itaoi:theaccompanymg=docurnentrcontiin dangerous levels-ofleadin paini.orother. ; coating,in.,violation of portions of the.Lead:Law,;Mass: General I:aws..chagtet~111Ysectioris:196 r=: and 197,--and 105 Code of Mass:Regulations:460:000, Regulations for Lea Poisgniag --Prevention:and Control. This-vioiatiorr" ' :endanger or materially impair the_health-,safety or well=being-of persons occupying the.prermsmor.-umt-Itis the responsibilitT,o£the:awner of the . residential premises or dwelling unit; under.KG.L, c--1.1-1, s. 197, to abate and/or..contain lead violations for.full compliance, or bring the unit under.interim control,.whenevera:chil-under six years of age:resides.is the premises-.or..unit;or-in:special cases when.directed by-locaL or state authorities. . .,..:........ -TENANTS'RIGHTS, RESPONSIBII:.=S AND.REMEDIES In order for the-above violation(s) to be`cocrected as quickly and effectively-as possible; it benefits both the property owner and the tenant to cooperate with each other and-make responsible _ accommodations to each others'-reasonable needs..Should good-faith efforts atcooperation fail, tenants may; depending on the circumstances;_befable to:avail themselves of certain,statutory-7... _ -rights and"remedies_Since property owners have common.law as.well as.statutory rights`and -" remedies,,too, and most of the remedies available to both tenants and property owners are .- somewhat complex,.tenants are advised to obtain legal assistance and/or legal:advice before_=:. seeking to.use-the rights summarized.below. (1) Alternative Housing.AG.L. c. l 1Y s. 197-and.105-CMR 460.160(A) require that.tenants be:relocated from the.dwelling unit or residential.premises for'the entire.time that interior deleading work(other than that define&as.low-risk) is being performedby.a licensed deleader. Tenants may remain in the unit while a property owner or owner'sagent without a deleader's license performs low-risk deleading-work or other work that may be required for-interim control, such as structural repairs or lead dust cleaning, as long as the tenants stay out of the work area. However, tenants must be out of the unit for the day if an owner or owner's agent uses an airless sprayer to apply encapsulants, or applies coverings - to,a�surface:with_pephrig; clopping or cracking lead paint or plaster. In these two cases, tenants mayret=,at,the.endof the_workday;::after-the owner or'owner's agent.has cleaned up,:.butneed.not be,out.of the unit overnight. Tenants who have been relocated from the unit naynot retumuntil=the deleadefsantenorwork.is completed;'the unit is cleaned up and_a licensed lead inspector or licensed risk assessor finds that it meets the. conditions, f ireoccupancy remspectiorr specifted in T05 CMR 460:_760(A).. . _ It.is the responsiibi i of the property owner.and tenantto work out an acceptable plan for _._..w,. °.alternativehousiugwhen itis necessary-Wheneverpossible; tenants should find temporary housing wrthfiim��.or•fi7ends.MGL c:. 1J;.s•• 91.7 )-requires that owners pay forthe fir. tenant's:reasonable g-expensesand:any charges for occupancy ofthe alternative housing unitthe-owneroffers, and_that.tenants continue.to pay their full normal rent during the period they are moved out to alternative housing. The alternative housing unit mustbe one that does-not cause undue economic or personal hardship to the.tenant. If the alternative liousmgrunitchosemby the"owner doesnotpose a hardship;;andthe tenant still _- refuses to acceptit;thestthe_tenant is-responsible-for finding and arranging-for_his or.her own-temporazy housingduring deleadingg In sucha'case;'the tenant is not_responsible,for _._. - paymg=t:cFurmg;thcpenodfie orshe:is•out-ofthe�unit;--but is responsiblefor.paying;the �. �-_._ ._ . .. s cost ofth�temporary fiousinghe orshehas cfiosen_Therowner..remau�s responsible for- payingthetenantanyrreasonable moving expenses;plus-any amount by which the cost of the alteia 'a_housing iuiitoriginallychosemby tfie=ownerexceeds the rent.forthat period�.Tenants•under-lease:and tenants at will:have-applicable�legal.rights and-are advised — to.seek leg`iiiistance:in�the event an-agreement cannot';be:reached. , IJ •(2) Protection fronr-Retaliatory Rent:Increase or Eviction:Under-M:G.L.c-_186, s-.18, the property-owner-map aotincrease rent:or evict tenants in reprisal for.their having reported a violation or suspected violation of the Lead Law. If rent is increased or the tenants evicted within six months.of the tenants' taking any action with respect to the Lead Law issue,.the property owner would have to show clear.evidence that he or.she had other reasonsfortiie eutincrease orevictionr and.that he orshe would haveraised-the rent.or evicted the:tenants at that point in time, regardless of the tenants'actions with respect.to the-Lead LaN r Property--awners�who are:found.to haveahreatened ortaken' -:repnsals-`--�- agains:tenants forexercismg rights under the Lead L-aw•are liable:for damages under . M.GL6•'1`867:s: 18'andK`G L'_.c:93.A (3) Rent.WIthholdin Tenants have a basic obligation to pay rent to the owner of a unit they occupy. M.G.L.c. 23.9, s. 8A creates an exception to this when there are locals or state law - violations, including Lead Law violations,existing in the unit, by allowing tenants who qualify to withhold.rent as long as,,such.violations remain uncorrected.Tenants may take this step only ifthey were up-to date in their rent payments`afthe time the owner was notified of the lead_paint-violations; and they did-not begin;withholding until.this point.. Property owners are entitled,to bring a court action to evict tenants for nonpayment of rent. To fully protect themselves against attempted evictions, tenants withholding rent for Lead Law violations may need to place withheld monies in an escrow(separated savings) account, or may be ordered to do so by the court. If these conditions are met, tenants may not be evicted for nonpayment of rentor for any other violation which.is not the:fault of. the.tenants:Property:owners,haveahe rightto eirterthe tenants'premises;.if possibleby appointment;butuzany casein emergencies;tgmsQect.forviolations and to have them - __ .' .y- ..-K repaired; and this includes the lead inspectio�rand:dereading-or mtenm control'process. Tenants have a.responsibility to'cooperatev�nt owners and"aIlow.all'necessary access to their unit forrepairsLTenants who-intesfeie witlkthnght ofentry-may be.subjectto � 1. .. ,.. w.t..�KirS�'�'✓' _ .. ....-.. ... 11' evictions As�soonas the 1'ead'paint violation is certed`as having been correcte3 all or r part of the withheld monies may-have to be-paid"to'tlie'owner, based on the court's = °� judgment (4) "Rent=leceiverslii "'=I1�LCrL. c `1`l l,.ss"`127C'jtfiroughI27Tallows the tenants,the - Mas'sacliusetts-.Depait merit of Public°Healtfi's-Cliildhood.L-ead:Poisoning Prevention Program or the local Board-ofHi alth to!petittoirth court-to find that Lead Law ,violations wdit;.andto allow rent to be_paid int� urt,ratherthan�to the property owner,. to P Ya fortff repan�s'necessary-As-undertheTrerii i ho�dmgstat-z' , this laa'iffl s -tenants-tetaker-'-' step onlyifthey were ug=to�d"ate in rentpaymems arthe.tiaiethey=.---�- -begin paying:rentto"the.court-:The court-may.thea'appoint a-��receiver"who may spend "much ofthe:rentmoney.as is:needed to correct the,violations-.:Aayremaining rent money after' Have been madeare paid:to=the=oma mer- " (5) Abatement of Rent or Damages. A tenant.may have-rent--reduced or recovered as damages for a.unit with L-eadLaw violations through a:court.action:for.breach of implied warranty of habitability, iiracr_ordance with the Massachusetts.Supreme:Judicial-Court decisionin.: t Boston Housing Authority v. Heming_way..363 Mass _184 293:NE2d 831 (1973) and - M.G.L. c. 93A-In-such an action, brought by the tenant independently or as a counterclaim to a property owner's court action seeking eviction.for nonpayment of rent, the court determines the value of the premises or-unit with violations, and reduces the amount of rent due: _.__.. _ ,;�, (6) OwnerLiabik: Compensatory and Punitive Damages.Under M.G.L-. c.-111, s. 199; the ..owner.of a residential premises or dwelling unit built before 1.978,is financially liable for all . damages to a child.under age six who becomes lead poisoned as defined by the' Regulations for Lead Poisoning Prevention and Control as a result of the owner's failure to'.comply with the Lead Law and.-Regulations either through:.*full-compliance or interim control. The owner of such a residential premises or dwelling unit who-is notified through an Order to Correcf Violations-or Order to Restore Interim Control Measures of a dangerous level of lead in paint, plaster or other material present upon the surfaces and building components of his or her premises, and who willfully fails to correct:or remove the violations for full compliance, or bring the unit into interim control, in accordance with the Lead Law and Regulations, is also,in addition to actual damages, subject to punitive damages, which are triple the actual damages found. A property owner found to be financially liable under the Lead Law canseek contribution.against the parent or guardian of the child after damages have been awarded to the child. . REPAINTING .::`X'w-i ._• ,v.-.. ,w.., ;{r'•+ -..t .o tx. -: - Volations ofthe Lead Law constituie.violations of the State.Sanrtary Code;;Although repainting of surfaces f. ... ich Iead pamtor other coatings have been removed is not required for compliance-withttie-Regulations-,for£;ea Toi§onih Trevention-and Control; repainting such surfaces is requiredundez IOSCMR410.021 o£tlie•State Sanitary Code Itis important_that deleaded surfaces be sealed andcaahe<easily cleaned Repainting,o€deleaded surfaces ma not. _-. occur afterthe surfaces have beenreinspectedwhile.bare:and-,approved:for`reQainti_9b a . licensedlead inspectorova.licensednskassessor.4 a . ra<r y Repaiatingof deleaded.surfaces m- ei are -:-ofthe dwelling unhand interiorcommon areas 4 must becampletedrwittun O delay of occupancy reinspection, if there is on" -if not, the -- - -. deleading reinspection-orthe rislo smeat reinspection_Exterior surfaces must be.repainted,.,...,.. within 30 days ofthedeieadin reins i on-orriskassessment reins ection_ x the -- _ This-repainting.regrnrementdoes'natapply.tasurfacs^wliere:leadpaint.has been covered ora —-- --- new fixture orsurface installed.tareplacea.Teaded oneHowever, such surfaces.mustaLso.be _ _ . _ . ., reinspected..bx alicensed lead it ornsk assessor.before they are repainted _ ;s 1 enant-ia'm advised to contac_ttheirpropertyowners.ifthe requited repainting is-not*completed as -1 stipulated.above. If the property owner,does not-respond, then tenants may wish to call-the Iocal ' board:of health.: CLPP95:S9'=.Revised'3i9S. - :�`� - ---' Further-reu ised 5195:and - ._- x +.:14'lt�.i �.V t •nri,�;i. g' .t"-^ f..r,c. .. y. Town of North And�vep NORr N OFFICE OFA.°�,, CO'NLMUNITY DEVE� O® MEN�AND SERVICES p _ x 27 Charles:Street. North Andover, Massachusetts 01345 LLIAMf ..SCOTT SSacNus�� Director 973),688-9531 Fax (973) 688-9542 -DETERM :CRM - _Llsc L�Ie iicaiised: Soailun J'uiidC =(MrancR dace: � tiii � ' Props-;.address: Dcscra tion of P-cot: v: ✓' Ntulti-faruly , units Carasc _. F=c._ _ - 0 thcr.sa scvures. ✓ 1 i8 Pest-1973 Oc:.aancs•under SLC vear of a3c; ,�/��•�L.a-w � �c.�..a:-c�c- __DOB: � ��"/4T� .. DOB: Oc zuoaru's Tcicrhocc: P-occ-:y Owrcr(s): O%vncr's Addre cs: ..C%vnc-'s Tc?cphcnc: Lzad H,17.1rds found? Y cs ✓ No An X-ray fluorescence reading mace than 1.2 mg/cm2 or a gay or black rac:ion to sodium suffide it d caccv a positive leve!of lead and c^nsricutes a positive dewrrrurlation. Delcading of lead pintim surfaces asa result of this report or subsequent inspa:ien must be per:orme by a Iicr:Ls=' de!cading contractor and/or by an owner/ageZc who is trained to pc :orrl spa::lc werik as rcauircd under the Lad Law. Contac:the C'ruldhcod Poisoning Prcvenaon Proerm for additional information regarding-deicadingand raining. c.�wasav_;.D i�sc.ic.=c��ata�7-•vac OARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 June 27 , 1999 June 21- Monday: received complaint from Health Dept. made by you. I called the health dept. and went over complaint with Susan Ford. Left you a massage about arrangements to make repairs and to remind you that the electrician might be by in the even- ing as previously arranged and if not definitely Tuesday. No response from you. The electrician called he couldn' t make it, would be there next night. Knocked on your open door, all the lights were on, went over 4 times between 7: 30-8 : 30 no one came to the door. June 22-Tuesday: Missed you in the morning , left message that electrician would definitely be there. Electrician came, after he left I spoke with you, told you i had to get into the attic be- fore next Monday to remove some flooring so that he could get to the junction boxes. I also requested access to your apt. with your mother there during the day, or in the eve- ning when you were home. You said you would check and get back to me. Again no response from you. June 23-, Wed. : Didn ' t hear from you, I-called Susan Ford, asked her to assist me in gaining access. She spoke with you and told me you wanted 24 hrs. notice. I called you right after left message that I would like to go in on Thursday. You called and told me the daytime was out and that I could come in the evening when you were home. I asked you to call me when you were ready for me to come over on Thursday. June 24- Thurs. : I was at my daughters next door to you about 6 : 00p.m. you were out side talking to someone, your father I believe, you looked over at us but said nothing. I went home to wait for your call. At 7:00 I went to your door, I got no answer-. At 7 :45 I decided to babysit for my daughter where as there was no word from you. I saw you look out the door when my daughter left. I got home at 9:30 and found that my caller ID showed that you called me at 8 : 3.5 but left no message. You knew where I was and what did you expect me to be able to start at the hour of the night. June 25- Friday: I believed that I was going to get access on Friday evening but again you weren' t home. I checked at 7: 00 and there was no car. I saw no sense in calling to leave a message. I noticed that you hadn ' t cleaned or moved any of your kids toys or your belongings from around the porch, as I had •ask- ed for Saturday morning, so that we could take..care of tak- ing the porch down. Unfortunately, we could not have that done yet. But you didn' t know that. You waited to pick-up just a few toys Saturday morning. Page 1 of 2 ( 2 ) June 26- Saturday: Caught you on your way out about 10 : 30 a.m. , you said you were just running to the store and would be right back. I waited until 1 : 00p.m. I had to leave to pick- up supplies we need because my daughter and her husband were working on the yard and taking care of other things that needed to be done. My daughter spoke to you when you got home just before 1 : 30 . You told her that you had a birthday party to go to at 2 :00 and would be back at 4: 00, but that you would be leav(bng again at 6 : 00 be- cause you son had a ball game. Would it have been to much to ask for you to have told me this in the morning before I wasted my day waiting for you. Because you never showed up at 4:00, you came back at .5 : 00 and left 20 minutes later. If nothing else Sandra, all I needed was 20 or 30 minutes in the attic to take care of what was needed for the electrician Monday night. I have no idea what I 'm suppose to do now, cancel and wait til ! ! ! ! Sandra, I don' t know what .you want from me. What is going to happen when I get an appointment for lead testing or if they have to do any removal . You have blocked me at every turn. . When I spoke to you 2z weeks ago about the electrician you told me that if it was during the day, just give you 24 hrs. notice and your mother would be there. Now, because it ' s me, it ' s become an impossibilit, to get any kind of cooperation. I 'm beginning to believe that you' d like to see me fail to comply so that I ' ll be fined or may- be even brought to court. cc; sf/hd (-old ev Page 2 of 2 It inOO REQUEST FOR CRIMINAL COMPLAINT FOR LEAD PAINT To any Justice or Clerk-Magistrate of the above-named Court: North Andover Health Dept. , Town of North Andover on behalf of the Commonwealth, on oath complains that: June Thorton , 25' School St. , N. Andover . MA 01845 , was and is the owner of residential premises located at 19 Second St. . North Andover , MA 01845 wherein a child or children under the age of six resides; On June 11 199 9 , a representative of the Childhood Lead Poisoning Prevention and Control Program inspected said premises and determined that paint, plaster or other materials accessible to children contained dangerous levels of lead equal to or in excess of 1 . 2 milligrams lead per square centimeter or 0 . 5% lead by dry weight as defined by the Program ' s regulations, 105 C.M.R. §460 . 000 and the public health law, Gen.L. c . 111 §194; On June 22 1999 , pursuant to § of the Program' s regulations, and pursuant to §410 . 832-. 833 of the State Sanitary Code, the defendant was served with a written order to remove or cover such paint, plaster or other materials, thus to comply with §197 of the law. On August 21 199 9 , and from day to day thereafter the defendant has failed to comply with the order, each such day being a separate offense and a separate and distinct c-ount of this complaint; all in violation of Program regulations, 105 C.M.R. § , the State Sanitary Code, §410 . 910-. 920, and Gen.L. c. 111 §197-198; and did so willfully, intentionally, recklessly or repeatedly. Complainant Sworn to before the undersigned Clerk-Magistrate of this Court . 57 Z 7 Date Cle -Magistrate r Northeast Housing Court 2 Appleton Street Lawrence, Massachusetts 01840 (978) 689-7833 Paul J. Burke David D. Kerman Clerk Magistrate Associate Justice Date : September 27, 1999 Re : No. Andover Health Dept . Vs : June Thorton No : 99-PC-00929 NOTICE OF SHOW CAUSE HEARING A request for criminal complaint naming you as the defendant has been filed in this Court, and a copy of the proposed complaint is enclosed. Before any criminal process issues, the Clerk of the Court will hold a show cause hearing to determine if there is sufficient evidence to require that you be charged with the offense alleged. A clerk' s hearing to determine whether criminal proceedings will be commenced against you will be held at the Clerk' s Office of the Northeast Housing Court, at 2 Appleton Street, Lawrence, MA 01840 at 02 : 00 o 'clock, Wednesday, October 13 , 1999 . At the hearing you may present your side of the matter, bring witnesses, and be represented by an attorney, if you so choose . Paul%-6. Burke Clerk Magistrate ELMS : SCH-SCAUSE sr V � y MONWEALTH OF MASSACHUSETTS RTHEAST HOUSING COURT NO. ANDOVER HEALTH DEPT. Plaintiff V• - No. 99-CR-00264 JUNE THORTON Defendant CRIMINAL SUMMONS You are hereby summoned in the name of the Commonwealth of Massachusetts to appear before the Northeast Housing Court which will hold a session for the transaction of criminal business at Courtroom 3 of the Northeast Housing Court, at 2 Appleton Street, Lawrence, MA 01840 at 02 : 00 o' clock, Thursday, December 16, 1999 . all to answer to a Complaint made on oath this day before this Court, a copy of which accompanies this Summons . ' Please be advised that a Default Warrant will issue for your arrest if you fail to appear in Court at the time and place above mentioned. WITNESS, David D. Kerman, Judge of the Northeast Housing Court, on November 16, 1999 . Paul J. Burke Clerk Magistrate NOTIFICACION PARA LAS PERSONAS DE HABLA HISPANA: SI USTED NO PUEDE LEER INGLES, TENGA ESTE DOCUMENTO LEGAL TRADUCIDO CUANTO ANTES . NOTICE TO OFFICER SERVING SUMMONS To any Officer who is authorized to serve criminal process in the Commonwealth, and to the Court Officers of this Court, Greeting: We command you in the name of the Commonwealth of Massachusetts, forthwith to serve this Summons and accompanying Complaint, in hand to the person listed herein at the address listed above, or by leaving an attested copy hereof at the Defendant' s dwelling or usual place of abode with some person of suitable age and discretion then residing therein, in any case at least twenty-four hours prior to the return hour specified in this Summons . MRCrP Rule 6 (c) (3) . Please make your return of service pursuant to the reverse of this Summons . ELMS : SUMMONS-CR 11/15/1999 04:46 9734633009 ASSISTED LIVING CENT PAGE 02 • d Living Center, A1C• 19 Beach Road Assisted Salisbury,fAA 01952 (978)463.980 Fax(978)463-3009 November 12, 1999 Dear Sir or Madam: Please be informed that Mrs. June Thorton has been m contact with our agency to start the application process for WEA(Get the Lead Out ProSraln)- She has been caned. This process from time of application to submittal,to closing will take 7-8 weeks. From prior experience, the subject property is 19-23 Second Street,North Andover,MA. Sincerely, y' c s . ,, .. "'.'e°�J\•.e .: '�?TA �ww;.4N^..34*Yuri;,�+H.tn.aw{`v YS„ ...4C.1. .���1?L'. .f X t: C �� � A 1 di J � � ,• 'I 41 t' �q8 Bernard ?, McParland of Lawrence, Essex connt�f._Id_"d:uXtt% k iba-isd xnmmiid,for ma3idemdon oaid,sad in full mosideradon of as stated herein grants to Paul R. Thornton and June G. Thornton, husband and wife, as joint a =y. tenants and not as tenants in common nor as tenants by the entirety, both i of 22 School Street, North Andover, Essex County, with autriatta=arTU= { Massachusetts P The land in North Andover, with the buildings thereon, being Lot numbered y on a plan of land of Harry R. Dow, 3rd et ux, and Stewart P. Wilson et u:z, Brasseur Associates, September, 1983, said plan being recorded in the North Easex Registry of Deeds, as Plan x'4949, and being more particularly bounded and de- scribed as 'ollowe: NORTHEASTERLY eighty and 01/100 (80.01) feet by !and c; now or formerly of William A. Finneran at il; SOUTHEASTERLYOne hundred five (105,00) feet by Secohd ' Street; i SOUTHWESTERLY Eighty(80.00) feet by Lot 41; and ��• NORTHWESTERL_' One hundred three and 48/100(103,48) feet by Lot ;13, i t; „i All as shown on said Plan 14949 and containing 8,338 Square feet of land according to said Plan. Being the same premises conveyed to the grantor herein by deed from Harold J. i !McPhee, dated July 8, 1973, recorded in North Essex Registry of Deeds, Book ,222, ?age 383. ' r The consideration for this conveyance is Fifty-One Thousand($51,000.00) Dollars. s Said premises being subject to current municipal taxes and also to a mortgage to the Andover Savings Bank, which the grantees hereby assume and agree to pay, s� v s'attusar••• Y..hmd and xal thi...eAghte ....... .daf of... �(�u ; ..................................................................... .».. BcrriArd. �:...VlcPiirluriiI............ .................................»..........................-......... ................................................._................-_....... ' ...................................................................... ............................................................................ _ I �6r C(atmetattzaraltft n1Inasarlptarf2ia 4 ^'t 1 l Easex, u October 18, 19 74 µ j Thea pasomlly aaoeared the abm named Bernard P. McParland „. µ. 1 and%Cknowledged the fcsegoing lattrnment to be his fm act and deed,be_fore-Ma Thomas ii. Co111nB --- r�a.rr Prbtii-.Zx>ttmt: ` s my mm a i.bora. November.29, }9.79: n707 .� ...1_�.:v.J.'.L'.::..'�:.'.L:...,.'.' .L•1,�..a11•.1:,•1 ...1 ..u. 1 r +� r Recorded Cct.18,1974 at�11t,4AM AM + `� r + -*- 7 Town of Nortel Andover NORTh OFFICE OF L 'COMMUNITY DEVELOPMENT AND SERVICES ° 27 Charles Street +^9 North Andover, Massachusetts 01845 WILLIAM J. SCOTT �SSACHUS Director (978)688-9531 Fax(978) 688-9542 November 18, 1999 Paul Thornton C/o MA State Police 50 Wetherbee Street Acton, MA 01970 Dear Mr. Thornton, This correspondence is in regards to the property located at 19 Second Street, North Andover, MA. As you may already be aware, the North Andover Health Department issued an Order to Correct lead paint violations and sanitary code violations to June Thornton in June of 1999. However, it has recently come to our attention, and confirmed by research at the Registry of Deeds,that you are also a deed holder of the property. As such,this office is now issuing the outstanding Order concerning the lead paint in your name, as well as continuing on with the case with Ms. Thornton. Please contact this office within the timetable as listed in the Order or with any other information that you feel is relevant to this situation. Thank you for your cooperation in this matter. Sincere , usan Ford Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 'own otNorth.Andover P NORTF� r OFFICE OF o�o<<, o , etio m COMM.HJNITY DEVELOPMENT T Al's SERVICES H A 27 Charles Street , 4=4 + wII LIAM J. SCOTT North Andover, Massachusetts 01345 �ys�., ,0.%5�5 S Director CHUSE (978)688-9531 Fax(978)688-9542 DATE: November 18 , 1999 -ORDER TO CORRECTVIOLATION(Sl Paul Thornton c/o MA State police 50 Wetherbee St. • Acton, MA 01720 —T Owner or agent cf the property lqcated at. 1.9 Second -Street, N. Andover, MA Be advised that an. agent. of the Board .of. Health. -has determined certain portions of the aforementioned residential property to- be in-violation of the State Sanitary Code Chapter II, "Mi imum Standards of Fitness for Human Hab-itation," 105 Cade of Massachusetts Regulations (CtiIR) 410.750(1). This violation also constitutes a violation of the Lead Law, Massachusetts General Laws (i'vfGL), Chante? 111, Section 197, and the Regulations for Lead Poisoning Prevention and Control, 105 Qva 460.000. Conditions exist in this. residence which may endanger and/or materially impair the health of the occupants of these premises. DECLARATION OF EMERGENCY The Director of the Childhood Lead poisoning Prevention Program and the Board of Health declare that the presence of the aforementioned violation of the Lead Law and the Regulations for Lead Poisoning Prevention and. Control constitutes an emergency pursuant to the Lead Law, MGL Chapter 111, Section 198 and within the meaning of the Sanitary Code, Chapter I, '105 CMR 400.200(13). BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Sandra Starr From: Robert Halpin Sent: Friday, December 10, 1999 3:55 PM To: Sandra Starr Subject: RE: Lead case litigation Feel free to consult town counsel. I will advise the Chiarman of the BoS and get back to you. Have a nice weekend. Bob —Original Message— From: Sandra Starr Sent: Friday,December 10,1999 2:29 PM To: Robert Halpin Subject: Lead case litigation Bob, The Health Department has been dealing with a lead law case since early June. We have appeared once already in court and the home owner was given one month to respond to orders given her by the judge. The next appearance is scheduled for next week and the magistrate stated it might be necessary to talk to or have present our town counsel. It's difficult to know what is going to happen here, but it occurred to me that the BOS should be aware that we are involved in this case. If the violator does not respond, this will tum into a criminal complaint. We have no control over this because it's the state lead law. Is there anything you want from me for the Selectmen? I'll let you know how things are going. Sandy i REQUEST FOR CRIMINAL COMPLAINT FOR LEAD PAINT To any Justice or Clerk-Magistrate of the above-named Court: North Andover Health Department , Town of North Andover , on behalf of the Commonwealth, on oath complains that: Paul Thornton, c/o MA State Police , 50 Wetherbee St. , Acton MA 01720 was and is the owner of residential premises located at 19 Second Street, North Andover, MA .n1R45 wherein a child or children under the age of six resides; On June 16 , 1999 , a representative of the Childhood Lead Poisoning Prevention and Control Program inspected said premises and determined that paint, plaster or other materials accessible to children contained dangerous levels of lead • equal to or in excess of 1 . 2 milligrams lead per square centimeter or 0.5% lead by dry weight as defined by the Program' s regulations, 105 C.M.R. §460 . 000 and the public health law, Gen.L. c. 111 §194; On November 22 , 199 9 , pursuant to § 460 . 700 : (3) of the Program' s regulations, and pursuant to §410 .832-.833 of the State Sanitary Code, the defendant was served with a written order .to remove or cover such paint, plaster or other material.s, thus to comply with §197 of the law. On January 22 , 2000 , and from day to day thereafter the defendant has failed to comply with the order, each such day being a separate offense and a separate and distinct count ;of this ' complaint; all in violation of Program regulations, 105 C.M.R. § , the State Sanitary Code, §410. 910-.920, and Gen.L. c. 111 §197-198; and did so willfully, intentionally, recklessly or repeatedly. Date ='Co lainant Sworn to before the undersigned Clerk-Magistrate of this Court. Z//0o All � A Date Cle -Magistrate f s ' Northeast Housing Court 2 Appleton Street Lawrence, Massachusetts 01840 (978) 689-7833 Paul J. Burke David D. Kerman Clerk Magistrate Associate Justice Date : January 21 , 2000 Re : North Andover Board of Hea Vs : Paul Thornton No : 00-PC-000.69 NOTICE OF SHOW CAUSE HEARING A request for criminal complaint naming you as the defendant has been filed in this Court, and a copy of the proposed complaint is enclosed. Before any criminal process issues, the Clerk of the Court will hold a show cause hearing to determine if there is sufficient evidence to require that you be charged with the offense alleged. A clerk' s hearing to determine whether criminal proceedings will be commenced against you will be held at the Clerk' s Office of the Northeast Housing Court, at 2 Appleton Street, Lawrence, MA 01840 at 11 : 30 o ' clock, Wednesday, February 02 , 2000 . At the hearing you may present your side of the matter, bring witnesses, and be represented by an attorney, if you so choose . Pau—i J. Burke Clerk Magistrate ELMS : SCH-SCAUSE r'x Gu`C, , t 14 Sandra Starr From: Sandra Starr Sent: Wednesday, January 26, 2000 +0:09 AM To: Robert Halpin Subject: RE: Lead paint court case —Original Message— From: Robert Halpin Sent: Wednesday,January 26,2000 9:37 AM To: Sandra Starr Subject: RE:Lead paint court case Could you forward me a quick summary of the facts/issue? I will see Keith Mitchell and Bill Duffy on Thursday evening's meeting and get something to you. If there is an urgent need to act prior to Thursday or Friday let me know and 1 will authorize Thom U.to act. Bob —Original Message— From: Sandra Starr Sent: Wednesday,January 26,2000 9:17 AM To: Robert Halpin Subject: Lead paint court case Bob, Remember back about a month ago I notified you that the Health Department might need help from Town Council about a lead paint case? You were to talk to the BOS and get back to me and to Tom Urbelis. The case is still ongoing since there are ramifications because of divorce and the determination of who is responsible to pay for the lead removal. Susan really needs some legal backup on this and Tom Urbelis states he has not had a go ahead from the Town. What needs to be done at this point to obtain legal support? Sandy Town of N. Andover vs. June and Paul Thornton, 19 Second Street Issue- Lead paint in a rental home where a child under 6 years of age resides (Note: The child has not been diagnosed with lead poisoning) Facts June 99-A lead and sanitary code inspection was conducted and an Order to Correct was issued to June Thornton Sept 99-the deadlines were exceeded and a criminal complaint was filed at the Housing Court Oct 13, 1999-first hearing date, extension given so that owner may obtain financing Nov 16, 1999-second hearing, no progress, criminal complaint goes forward Nov. 20, 1999-Also sent an Order Letter to estranged husband, Paul Thornton - no response December 16, 1999- Housing Court-still no progress, another extension to Jan. 13 Jan. 13, 2000-Judge suggests that Town council be brought in on the case to possibly help move things along, another extension given until the husband is brought in for a hearing Jan. 22, 2000- Paul Thornton does not respond by the deadline, criminal complaint filed at Housing Court Hearing date set for Feb. 2, 2000 for Paul Thornton Next court date set for Feb 10, 2000 It appears that the financial aid that Ms. Thornton is applying for to get funds to delead is being held up by Paul Thornton's name still being on the deed of the property. Their divorce is not settled yet and therefore she does not meet the low income requirements. Having not heard from Mr. Thornton I can only accept this as truth. However, the issue still remains that there is a child living in this home and this case just continues on. As far as the lead law goes we have no option but to continue with the case; it's a mandate. Hope this helps. Sandy 1 From:Department of Public Health 1-617-983-6770 To:N.Andover Date:03/0672000 Time:7:34:14 PM Page 1 of 1 HEADS UP!Late Friday press releases. Attached are two press releases just received from NYSDAM- The press releases were prepared by the two individual firms and sent to Associated Press. Allergen Alert Vastland Taro Wafers(cookies) Contact Person:Mr.Deng For Immediate Release Strong International Trading Corp, Brooklyn, New York 11237 is recalling 684 BAGS of Vastland Taro Wafer Cookies because product may contain undeclared peanuts. People who have an allergy or severe sensitivity to peanuts run the risk of serious or life threatening allergic reaction if they consume this product. Product was distributed to the New York area. Taro wafers are recalled in 200 gm plastic bags. No illnesses have been reported to date. The recall was initiated after it was discovered that product containing peanuts was distributed in packaging that did not reveal the presence of peanuts, Consumers who have Vastland Brand Taro Wafers can return the product to the place of purchase for a frill refund. Consumers with questions may contact the company at 718- 628-6200. Allergen Alert Pickled Leeks Contact person:Vanessa Duong For immediate release B.C.N. Trading Inc at 50 Franklin Ave., Brooklyn, New York 11205 is recalling 4800 bottles of Asian Boy Brand Pickled Leeks because product may contain undeclared sulfites. People who have an allergy or severe sensitivity to sulfites run the risk of serious or life threatening allergic reaction if they consume this product. Product was distributed to NY, NJ, PA, CT, NLA, DC, Asian Boy Brand Pickled Leeks are retailed in 15 oz Glass bottles.No illnesses have been reported to date. The recall was initiated after it was discovered that product containing sulfites was distributed in packaging that did not reveal the presence of sulfites. The consumption of 10 milligrams of sulfites per serving been reported to elicit severe reactions in some estimates. Anaphylactic shock can occur in certain sulfite-sensitive individuals upon ingesting 10 milligrams or more of sulfites. Analysis of the Pickled Leeks revealed that it contained 10.4 milligrams per serving. Consumers who have 15 oz. Bottles of Asian Boy Brand pickled leeks can return the product to the place of purchase for a full refund. Consumers with questions may contact the company at 718/522-3388.. Town of North Andover t N°RTN 1 OFFICE OF o�o` ,�.o .s. ti° COMMUNITY DEVELOPMENT AND SERVICES . 27 Charles Street North Andover, Massachusetts 01 345 �,9`°•,..o�''`�y WILLIAM J. SCOTT SSACHUSEs Director (978)688-9531 Fax (978)683-9542 June Thorton 22 School Street North Andover, MA 01x45 February 2, 2000 RE: 19 Second Street Dear Ms. "Thornton, This letter is in regards to the ongoing lead paint case concerning your property at 19 Second Street. On a number of occasions of our meeting you have referenced written documentation of proof of your progress in the matter of the lead removal at this location. However, in review of your file, it has come to my attention that the Health Department has yet to receive a copy of this documentation. The outstanding order against you requires that this information be given to this department. Please submit copies of the lead inspection report, all contractor estimates and all applications for financing as soon as possible. In addition to these documents, l will be asking the court to require you to submit financial documentation to substantiate your inability to comply with this order. In light of the next step in this process, which could be proceeding to a trial, any information that you can compile prior to the next court date would be beneficial to you. Thank yVQ11 for your cooperation in this matter. .' �6an Ford Health Inspector Cc: file BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Lead Inspection/ Surface Assessment Form Ins; r/Age n M & M LEAD INSPECTIONAL SERVICES, INC. pas,/of It —Sen dng all of Massachusetu— Method Used: License# M�/ Phone(617)737-2514,(978)685-4172 a Fax(978)685-9062 0 Nu S expiration date W X•Ray FluoreFence Model�NSerial#�,� Address Apl.# City S - Child's Name(Last,First,Init.) Birthdate(M/D/Y) Sex q d ' 10 S N Parent/Guardian's Last Name Parent/Guardian's First Name single Family Multi-Family �f i S Number of Unita Owner's Name: N Owner's Address:014 S Ck / r 0/-f 01,717'1- KEY: 1 yKEY: GAP Capped Remarks/Calibration: COV covered DIP dipped /J ENC encapsulated C MI made mtacl � NA not accessible NEGnegative Scales:(scores of 0 or 1 pass,scares d2 lalll: POS ;.slave PRE prepared sudacatsubunses a.MVAA'soamm"ad 1,<101-00m1-M.4.0 REM removed Subsuau 0,wan t.<f0�needs, REP rapucemenl epslr 2„10.near repau REV reversed kwal Tape Test 0-M Dean,W—d b.1n6'DM-0.00 2,.1116'pawn,rmoved SCR scraped 10 bare substrate X.CuI Tape Tut 0,M pant removed 1-<1116'paw Iemovr0 2u In6-parol removed Floor# Floor# ;C; I I 1 1 I I I I I I C -r - r -r - r-r -r- r- - - - - T - -r -r -r-r- r -r-r- r-r- T - T - T - T -T - I r -r- r - r - r-r - r - -T -T - - - -r-r-r- r-r-r- r -7 -T- T - T -T - T -T - I 1 1 1 1 I I I 1 I I I I I I I 1 I I 1 I -r -r- r-r- r -r- - - -r-r-r-r-r-r-r-r-r - T -T - T - -T - I — 1 I I I I I I I I I 1 I 1 I I I I I I I I I I I — I I I I 1 1 I I I1 I I I I I I I I I 1 1 r -r -r-r-r- r - r- - I- , - - T - 1 -r-r -r- r-r -r-r-, — -r- B, 1 1 1 1 I I 1 1 1 D 'g 1 t 1 1 1 1 I I I I I D — —- —- — — - —+ — — I 1 I 1 I I 1 1 — 1 _3�_ I I I I I I 1 I • �� I I 1 1 I I 1 1 1 1 I - - _ I I I 1 1 I 1 1 I 1 I 1 1 I 1 I 1 I 1 1 1 1 I I 1 1 1 1 I 1 1 1 I I 1 I 1 1 I 1 I 1 I 1 i 1 I 1 I 1 I 1 1 1 1 I I 1 1 1 1 I 1 I 1 I I I 1 1 I I I 1 A(street side) A(street side) Pb(lead)more than 1.2 mg/=2 with x-ray fluorescence or positive with Na2S is Dangerous. Lead Hazards? 1.in minpaence INSP.DATE (YorN REINSP.DATELY] z...,,Mproo'ess 7 I 3 1 7.reobe*ancy 1,0 1.M w.rk aped inspector t.n cempkarles 1.n pompkance REINSP.DATE z.wmkn Progress REINSP.DATE z work.9mg,ess 7.lao cupanoy l ]reopC*— 111111 F1 1.M—&tj r 1 M..Oh dyne 1 Full Compliance Date REINSP.DATE z.wak n yeer.ae reoaupancy 1.Cap work a.M Inspector Did you complete a surface aaeament form for encapwlationl Y of NI LOCATION/ SURFACE M . mill , .. M, •. A"OW IF,-all SURFACE •• ` M & M LEAD INSPECTIONAL SERVICES, INC. LEAD INSPECTION/ Page,/ Ofl-V —Servicing all of Massachusetts— SURFACE ASSESSMENT FORM Phone(617)737-2514,(978)685-4172 9 Fax(978)685-9062 Address of Inspection: / Apt# City ROOM SIDE LOCATION/ LEAD L OWR DLR SRF SUR/ SUBST INITIAL X-CUT COMMENTS SUIT for DELEAC DREAD SURFACE ABT'2 PREP? SUBSUR COND TAPE TEST ENCAPI DATE METHOD A B C D Up wails/Low walls UP Baseboards/Chau rail A� Door Door casing/Jamb U Q1 a\ Door ro' Door casmg/Jamb Q(� -3 Door Door casing/Jamb C12 TC C Door Sefl—w- 9 9 A10 Oim?' Door casing/Jamb b•4 3 t u Window sill Sf 1 Win casing/Apron -z CWin header/Stops Cj Win sash/Mullions y�(� Ext sill/Part bead L )e Ext side sash li /✓ Window sill C_ Win casing/Apron G Q Win header/Slops C �- d, i Win sash/Muilions Ext sdl/Panbead ti9 A'4 4 XC ffv;r Ext side sash 'V4 Window sill Win casing/Apron Win header/Slops Win sash/Mullions Ext sill/Part bead Ext side sash Window sill Win casing/Apron Win header/Slops Win sash/Mullions Ext sill/Part bead Ext side sash Close)walls Cl interior door Cl casing/Jamb Cl baseboards/Roor Cl shelf/Supports Radiator Floor/Threshold Ceding/Closet ceiling LICENSE u /f 2i L S DATE I T S S SIGNATURE v • M & M LEAD INSPECTIONAL SERVICES, INC. LEAD INSPECTION/ Page 044 —Servicing all o/Massachusetts— SURFACE ASSESSMENT FORM Phone(617)737-2514, (978)685-4172 9 Fax(978)685-9062 Address of Inspection: /5 „ Apt# City 917, atel — ROOM SIDE LOCATION/ LEAD L OWR DLR SRF SUR/ SUBST INITIAL X-CUT COMMENTS SUIT for DELEA DREAD SURFACE ABT? PREP' SUBSUR COND TAPE TEST ENCAPI` DATE METHOD A B C D Up wails/Low walls \ W,4// 6 CLQ ell Baseboards/Chair rad �(/ C ` -1 Y ti Door U. Door casmg/Jamb ' i'9 M,6u 4 IA4 8 Door � r Door casing/Jamb 3 DDoor q 0 Door casing/Jamb u Door Door casing/Jamb Window sill Win casing/Apron V D Win header/Stops Win sash/Mullions ( Iii Ext sdUPart bead 31 BGG y Ext side sash X,4 A.) Window sill Win casing/Apron Win header/Slops Win sash/Mullions Ext sill/Part bead Ext srde sash Window sill Win casing/Apron Win header/Slaps Win sash/Mullions Ext sill/Part bead Ext side sash window sill Win casing/Apron Win header/Slops Win sash/Mullions Ext sill/Part bead Ext side sash Closet walls n Cl interior door (� �(�j 4 C " A! B Cl casing/Jamb Cl baseboards/Floor Cl shelf/Suppons 0( 00 Radiator Floor/Threshold R Ceiling/Closet ceiling /-,4 f U LICENSE a Al 3/6 S DATE 7'fi, 17 SIGNATURE ' M & M �7 r LEAD INSPECTIONAL SERVICES, INC. LEAD INSPECTION/ Page/06 —Servicing a1!of Massachusetts— SURFACE ASSESSMENT FORM Phone(617) 737-2514,(978)685.4172 • Fax(97,8))685-9062 Address of Inspection: /J .�/ Y Apt# City // 'kx-� PORCH Si C1 SIDE LOCATION/ LEAD L OWR DLR SRF COMMENTS DELEAD DELEAD SURFACE ASTI PREP-7 DATE METHOD ABCD Sing Cornerboards 4 N Door t Al Door casing/Jamb Threshold Door Door casing/Jamb 9 9l 14 L Threshold Window sill f✓ Window casing Win sash/Mullions (1-Ij ENR Window sill CWindow casing Al Win sash/MuIhons Window sill Window casing Win sash/Mullrons Window sill Window casing — Win sasWu1ions Support columns Newel post v Y I Railing cap g L N Handrail Balusters Lower rad Treads Risers V Stringer U Lower walls y3 ). 1.. ,V Lattice /S S Lower trim F;=frhreshold 04 1 Upper torn AIA, AV ceslrrig/Joacs A4 ic•,� L N LICENSE 0 3�L5 DATE 713—�Cf SIG14ATURE v • 0 �� ... _. . .�`�c��■�©�■■■ ■moi■■■ � �� ... _. . . .��■■■■�■■■ moi■■■ • • • mcg■■—��■■ �■� . ... �■■■■■moi■■■ �■■■■ �� ®mics©��■■ �■■■ ... m�■■���■■ moi■■■ LOCATION/ COMMENTS SURFACE MEL EMMIMEMMIMME EmEm"s"T • AWN.. .P LOCATION/ COMMENTS SURFACE cm ryry��jj •• gym! . . m�©i7/.���■■ �■� • '■■■■tea■■■■ �■� •1. . ■ice■■��■■■■ ��� � _ .. �7■®ice©�■■■ �■� • - M &M A/� LEAD INSPECTIONAL SERVICES, INC. LEAD INSPECTIONI Page¢7of�y —Servicing all.of Massachusetts— SURFACE ASSESSMENT FORM Phone(617)737.2514,(508)685-4172 • Fax(508)682-9967 qq�� Address of Inspection: /�/ -<LC/�OZs-e Apt# ccrN,&V City ✓f EXTERIOR SIDE LOCATION/ LEAD L OWR DLR SRF COMMENTS DELEAD DELEAO SURFACE ABT? PREP? DATE METHOD T(-6 Siding tet/ V(Mk Comerboards L , Lower tnm A) Upper trim /1i L Ai Door 3 f /.� Door casing/Jamb Q. I J Threshold j�. y S s p pc.,t f Door / P 0 f Door casing/Jamb I-� Threshold Q. Door Door casing/Jamb Threshold Door Door casing/Jamb Threshold Windowsill 95 1 Window casing ficl L Winsash/Mullions (still SjdR Window sill ,-k L ,(J Window casing Win sash/Mullions $tart Window sill L AJ N Window casing Win sash/Mullions Window sill 1•-3 A,(A- ,U DWindow casing Win sash/Mullions Cd/ Cellar win units (/.P AL Cellar win units Q-� [� y A) Cellar win units Cellar win units Foundation Bulkhead Fences ®- 94 LICENSE g YN 3/6 5 DATE SIGNATURE A.i fts Z"ry fees � W ftp R M BRUSH 'I Dexter�t 44�hrt'l ora» '' Ne. Most'sr. M N+103)04440 :hoc No. rah�w,g etha.M ore 1404n. , I oar. 'ropaal•uMnillad to Mark To N Peofttneal At $We - - T Naraier ► *a Eby propene to funtleh all tAs nWbtrlate and perform NI the labor necsasery fbr.ths compWon of f � i — I AN wont is/uaranosed to pees sxlsthng sole Iawe et'lord='Ont ane move not#P*to oew revesdo"poised aAar e4014pAnee feller Is(sashed,nor done el acedy to Mad paint exposed in future rsrwreuone. 07 n�set hs to 4o I Mods,m MvAv. Dellef"s Any dhnftn or denied ff flan above costa,will be*socided"upon wrWon Ordw ,Drew wNl booms aA sutra charge over and shows**SMWMee.All agyse eu ndx contingent upon strlksa. { sooldo t erde"I bole' sur ealb 1.Owner it to cam►ft,tornado and other reaeeary Inwrsoes upon above ' wsrk.W@rk■W%Ca1p 11rioon !AM.ll Otbllc L)o#ft Ineu an above work to be laMen eye&I kll 4&01 � ►sixxkxexired � Fa Mo1�-TwitMIN he"Mow nby us If not i gig A Shia dam. The aglow/(IoM, womm I and coodltlons are saftflockpy and ars im oy ampted.You or*authorized to do tors wexlt as apeolfeae.huge t wN be made Dei spesltled avow. Aeesplad tlgyrbtra _ � ) g 0 .0 97 1 The Aulson Company, Inc. PYO OSaI Deleading Contractors 49 Damon Drive Methuen,Massachusetts 01844 800-998-0212 Proposal Submitted to: Phone Date June Thornton 1978-682-8310 10/27/99 Address City, State,Zip 22 School St N. Andover, MA 01345 Job Name Job,Location Job Fax Deleading of Private Property 19 Second St.,N. Andover The Aulson Co,Inc. is pleased to quote to you're the following price to perform restoration work at, according to the lead inspection report of Gary Marciello License#: M-3169 Dated: 7/13/99 * Al 1 doors listed on lead report are to be abated in place. * Baseboard and or outside corners which are listed on report are to be capped or scraped back to code. * Ceilings listed on report to be brought to code loose and flaking. * All exterior sills below 5 feet to be scraped or covered to achieve compliance. * Remove and replace all windows found to have lead paint with Custom Weld II vinyl replacement windows. * All leaded door casings,jams to be stripped or replaced with new. * Baseboards to be capped or scraped back on outside corners to meet compliance. * Leaded shelves and/or supports to be abated. * Risers and stringers to be deleaded to be scraped,feathered and sanded to meet regulations. * Door thresholds to be scraped in place where needed. * Loose and flaking paint on exterior to be scraped to compliance. * All other components listed as containing lead based paint on report to be abated to all state and federal regulations. The Aulson Company will ensure the following: All dust samples will comply with state requirements for lead in dust. All notification requirements for local and state agencies are met. All insurance's are carried by said contractor. No guarantees are made on time scheduling due to inclement weather which hinders progress of work. This proposal does not cover the following: x Removal not listed in report,cost of initial inspection or reinspection,or painting unless noted above. Payment constitutes acceptance of this proposal as it is written. We hereby propose to furnish material and labor for the total scent of.- Twelve fTwelve thousand eight hundred dollars and no cents ( S12,800.00 ) Payment Terins:1/3down,1/3 start,balance upon substantial competion. A balance of $ may be held until final clearance All material is guaranteed as specified. The Aulson Co,Inc.is not responsible for unintentional damage. If waste is determined to be hazardous by TCLP testing,additional cost will be paid by the client. All work to be completed in a workmanlike manner. Acceptance of the proposal,the above prices,specifications,and conditions arc satisfactory. You are hereby,authorized to do the work,payment will be made as specified above. Date of Acceptance: Signature: The Aulson Company, Inc. Signature: b�'/1bi�k�u�i 1�:19 y 7�4b;�FJby H5515 i to tl lrvu �try i rHut b2 6kib'4- 12— Assisted Living Center, Inc. 19 Beach Road Salisbury, MA 01952 (978)463-9809 Fax (978)463-3009 Ms. Susan Ford Health Inspector 22 Charles Street North Andover, Massachusetts 01845 Dear Ms. Ford: This letter is to confirm that Ms. June Thoroton was involved in the MHFA sponsored Get the Lead Our program through a representative/consultant for our agency. Last week, we terminated our relationship with the loan representative/consultant with whom Ms. Thornton was working on the loan application. At this point, we are unable to locate her file but believe that her application was at the point of being complete, as her name appeared on the list of loans that should have been completed within the next sixty days. I apologize any inconvenience that this has caused to you'and to Ms. Thornton. If we are able to locate her folder, I will return that to her so she may proceed with the process through another agency. - Please call me if I can be of any further assistance. Sincerely,, Arthur Signorelli President to a surface:with_pe�?in&chippuig or crag l i tenants inay return at:the.ono of.the workday,:after, cleaned up,.but need not be,out of the unit oveznight.'.T from the unit maynot rehirn unuL the deleacies:Tnterioru;o ' cleaned up and a licensed lead inspector or licensed risk assessa= conditions oLareoc„,spancf remspe �on szae^.tied m I05 C; 46pJ Itis the responsir;ilityof the property owner.and tenantto.work out_atL alternative hcus=when it is nevessary_.Whenever possible; tenants should housingwitl fituuycar•friends. i1vLG�_c- I 1.1;.-s:I97(h).requires that own ` -r _ 4 tenant's _e ___ _. moving expenses and.any charges far oc::,�pancY ofthe alterii , housuigiinitthe.owner. offers, and-dmt.tenants continue.to pay their ill normal rent ,F duringthe pe i- dthey are moved:out to aite:native housing. The alternative housin - must be one that does-not cause undue economic-or.personal hardship to the tenant.8 If the` alteznativhousmgunitcfiosen bye�auirierdoesnotpose,a.hardship,:and:the tenant still refusevo:accebt itr th-eii the.tenant is-responsible.for finding and arranging.for_.his other own.temporaty;housing:during deleading In sucir a case; the tenant is not-resp onsible.for _ _.. paying seat duringthe ge:iodhe or she.is-out ofthe unit;.but is responsible for paying the cost ofthi�t=p`or- fiousing-fie-or she:has chosez:The.owner-remains responsible for Paying the•tenantany--reasanable moving- - _..__ expenses;-plus�any amount by which the cast of , the altern=e_housiu unit:ori - - - g originally chose:Lby the ovine. exceeds the rent for that periods.Tenants:under lease:and.tenants at will.have-applicable-legal.rights and are advised — to.seelclegal:assisstanct�ikthe-event air agre--me.Ztcannor e reacted. (2) Prate an f`ram Retaliatory Renr Increase or Eviction_ linde,-?vf.G.L. 186, s. 13, the prope:tyownerimay notincrease rentor evict tenants in reprisal fertheir having reported a violation or susae:.ted-violatiori of the Lead Law. If rent is ncreased or the tenants T•icted within six months of the tenants' taking any action with resper to the Lead Law issue,.the property owner would have to show clear.evidence that'he or she had other- reasons- fortherentInc:ease Or-eviction,.and.that,heJorshe would have.raised the rent:or evicted the tenants at that point in time, regardless of.the tenants' actions with respect to the-Lead-Law_Propertyawners•who are:found to have"tfii-eatened Cr taken--rep risals against tenants for exercising rights under the Lead Law-are liable for damages under M.G:L_cf'136.s-.13.- and NiC.I:_,.c: 93A (3) Rent W-HhholdingTenantshave a basic obligation to pay rent to the owner of a unit they occupy. M.G.L. c. 239, s. 3A creates an exception to this when there are local or state Iaw violations, including-Lead Law violations, existing in the unit, by allowing tenants who qualify to withholdd rent.as long as•\such.violations remain uncorrected. Tenants may take this step only if they were up to date in their rent payments at'the time the owner was notified of the lead paint violations, and they did_notbegin;withholding until this point. Property owners are entitled:to bring a court action to evict tenants for nonpayment of rent. To fully protect themselves against attempted evictions; tenants withhoIding rent for Lead Law violations may need to place withheld monies in an escrow (separated savings) account, or may be ordered to do so by the court. If these conditions are met, tenants may Jun 01 00 01 : 24p p, l AULSON ULSON . 49 Danton Drive Methuen, MA 01844 . (978) 975-4500 Fax (978) 975-0101 FAX TRANSMISSION Date: �j No. of pages including cover: To: Fax: From: I. Subs ect: 2�0 ;1 • Notes: ¢ do �S O'b l� y + The Aulson Company, Inc. Proposal Deleading Contractors 49 Danton Drive Methuen,Massachusetts 01844 800-993-0212 Proposal Submitted to: Phone Date June Thornton 1978-682-8310 10/27/99 Address City, State,Zip 22 School St N. Andover,MA 01845 Job Name Job Location Job Fax Deleading of Private Property 19 Second St.,N.Andover The Aulson Co,Inc. is pleased to quote to you're the following price to perform restoration work at, according to the lead inspection report of GaryMarciello License#: M-3169 Dated: 7/13/99 * Al l doors listed on lead report are to be abated in place. * Baseboard and or outside corners which are listed on report are to be capped or scraped back to code. * Ceilings listed on report to be brought to code loose and flaking. * All exterior sills below 5 feet to be scraped or covered to achieve compliance. * Remove and replace all windows found to have lead paint with Custom Weld II vinyl replacement windows. * All leaded door casings,jams to be stripped or replaced with new. * Baseboards to be capped or scraped back on outside corners to meet compliance. * Leaded shelves and/or supports to be abated. Risers and stringers to be deleaded to be scraped,feathered and sanded to meet regulations. * Door thresholds to be scraped in place where needed. * Loose and flaking paint on exterior to be scraped to compliance. * All other components listed as containing lead based paint on report to be abated to all state and federal regulations. The Aulson Company will ensure the following: All dust samples will comply with state requirements for lead in dust. All notification requirements for local and state agencies are meta All insurance's are carried by said contractor. No guarantees are made on time scheduling due to inclement weather which hinders progress of work. This proposal sloes not cover the following: x Removal not listed in report,cost of initial inspection or reinspection,or painting unless noted above. Payment constitutes acceptance of this proposal as it is written. We hereby propose to fttrttish material and labor for the total stint of.- Twelve fTwelve thousand eight hundred dollars and no cents ( S12,800.00 ) Payment Tertn.s:113down, 113 start,balance upon substantial contpetion. A balance of S may be held until final clearance All material is guaranteed as specified. The Aulson Co,Inc.is not responsible for unintentional damage. If waste is determined to be hazardous by TCLP testing,additional cost will be paid by the client. All work to be completed in a workmanlike manner. Acceptance of the proposal,the above prices,specifications,and conditions are satisfactory. You are hereby,authorized to do the work,payment will be made as specified above. Date of Acceptance: Signature: The Aulson Company,Inc. Signature: J q b �/Z' c'✓//C�tX is yL,S�C C-A-0.0 2 ��pds �i a-✓� oke- Jun 01 00 01 : 24p p, 2 Department of Public Health/Department of Labor&Workforce Development NOTIFICATION OF DELEADING WORK All sections of this form must be completed in order to comply with the notification requirements of M.G.L.c.111§ 197, 454 CMR 22.00 and 105 CMR 460.000 as most recently amended Contractor performing project The Aulson Company,Inc. License# DC001638 Exp.Date 02/16/01 Lead Paint Inspector Gary Marciello Date of Inspection 07/13/99 License# M3169 Exp.Date NA PROPERTY OWNER (If owner or unlicensed owners agent will be performing low-risk deteading work,complete the following): Property Owner NA Agent(s) NA Address Telephone Number: I certify that I have complied with the training requirements of the commontaealth oflvlassachusetts Lead Poisoning and Control Regulatims,105 CMR 460.175,for owner/agent low-risk abatement and coiritainutenG I furliher certify that I or my alert will be performing the following low-risk activities.I have circled all that apply): applying liquid encapsulant capping baseboards removing doors,cabinet doors,shutters applying exterior vinyl siding covering surfaces I certify that all the information contained in this notification is true and correct to the best of my knowledge and belief. DATE Signed ADDRESS OF PROJECT: Street Address 19 Second Street Apt-Number 702 City North Andover Zip Property Owner dune Thornton Address 22 School Street,North andover 01845 Telephone Number 978/682/8310 Deteading Method: r e Dry Scraping� Heat Gun Liquid Enca sulant Demolition Caustics [Replacement t;�g�1 Other If"Other"selected,please explain Loose&Flaldng Paint to be made intact Check one: Dwelling is multi-f-f Dwelling is Single family X Other may, Start Date (+7 Qa Completion Date U When will work be done: am X pm Imes on site) Weekends? NO Project Supervisors Name Matthew Farrer License# DS3227 Exp_Date 02/15/01 Jun 01 00 01 : 25p p, 3 Page 2 of 2 Worker's Compensation Policy Number 329469Y Carrier Phoenix Inc,Co In case of emergency contact Alan Aulson Tel# 978-975-4500 (Contractor's Representative) In accordance with Massachusetts General Laws c. 111 § 197 CMR 22.00 and 105 CMR 460.00,notice of the date and method(s)of removal or covering of paint,plaster of other accessible materials containing dangerous levels of lead is to be received by the following agencies,at least TEN days prior to the beginning of deleading. NOTIFICATIONS MAY BE FAXED. Ten Day Waiver No 00.179-BN 1. Department of Labor and Workforce Development.Division of Occupational Safety 399 Washington Street FL 5,Bostob,Ma.02108 Fax(617)727-0726 2. Director,Childhood Leading Poisoning Prevention Program Department of Public Health,470 Atlantic Avenue,Boston,MA 02110 Fax(617)284-8436 3. Occupants of the dwelling unit 4. All other occupants of the residential premises,if any. 5. Local Board of Health/Code Enforcement Agency 6. Massachusetts Historical Commission (If premises is listed on the State Register of Historic 220 Morrissey Blvd. Places,this notification must be mad upon receipt of an Boston,MA 02125 Order to Correct Violation or at least 30 days prior to FAX(617)727-5128 initiating preventative deleading.) DELEADING CONTRACTOR The undersigned hereby states,under the pains and penalties orperjury,that he/she has read and understood the Commonwealth of Massachusetts Deleading Regulation,454 CMR 22.00 and Leading Poisoning Prevention and Control Regulations, 105 C 460.00 and that the information contained in this notification is true and correct to the best of his/her knowledge and f. Date 06/01/00 Signed : Clifford S.Buttry Company Name The Aulson Company,Inc. V J// Address 49 Danton Drive Methuen,Ma.01844 Telephone NO. 978-975-4500 NOTIFICATIONS SHALL BE COMPLETED IN THEIR ENTIRETY,DATED AND SIGNED-INCOMPLETE NOTIFICATIONS WILL NOT BE ACCEPTED AND WELL BE RETURNED BY D.L.W.D b:l.vedootaoaollOzl9e Z 370 627 497 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse Sent to G v o �c� 4 Street&tkunber Post Office,State,&ZIF ,11- Ito-- .fit Postage $ Certified Fee Special Delivery Fee Restricted Delivery Fee LO rn Return Receipt Showing to When&Date Delivered e Return Receipt Sl-ft to Whom, Q Date,&Addressee's Address 0 TOTAL Postage&Fees $ M Postmark or Date E o tL U) Q Stick postage stamps to article to cover First-Class postage,certified mail fee,and charges for any selected optional services(See front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier(no extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the a) cc return address of the article,date,detach,and retain the receipt,and mail the article. LO 3. If you want a return receipt,write the certified mail number and your name and address rn on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article Q RETURN RECEIPT REQUESTED adjacent to the number. Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the O O addressee,endorse RESTRICTED DELIVERY on the front of the article. 00 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. LL 6. Save this receipt and present it if you make an inquiry. 102595-99-M-0079 d d SENDER: I also wish to receive the follow- s in ❑Complete items 1 and/or 2 for additional services. ing services(for an extra fee): a) Complete items 3,4a,and 4b. T ❑Print your name and address on the reverse of this form so that we can return this 4i card to you. 1. ❑ Addressee's Address ` ❑Attach this form to the front of the mailpiece,or on the back if space does not permit. 2• ❑ Restricted Delivery w ❑Write'Return Receipt Requested'on the mailpiece below the article number. ❑The Return Receipt will show to whom the article was delivered and the date a p delivered. .� aV 3.Article Addressed to: 4a.Article Number 'a Paul Thornton Z 370 627 497 E �, 4b.Service Type Sd o c/o MA tate Police 0 ❑ Registered Y'7 Certified 50 Wetherbee St. m ❑ Express Mail ❑Insured Acton, IIIA 01720 ❑ Return Receipt for Merchandise ❑COD ` z 7.Date of Delivery�� c F .Re ei ed B : ( tnt ame) 8.Addressee's Address(Only if requested and c W fee is paid) r 0 6.Signature(Addressee or Agent) 0 N PS Form 3811,December 1994 102595-99-8-0223 Domestic'Return Receipt ' UNITED STATES POSTAL SERVICE' Fif�s Putage-& Permit Nm-(3-10 ............................................................. ......... .._..__......._.....a=<..'..... -—-------------------------------- 0 Print your narme, qddr v s, nd ZIP Code in thts-box-O 1 0 ii hyo.9S �7�4 � 1 N. Andover Health Department 27 Charles Street North Andover,MA 01845 ............... ........................................................................................................................................................... ................................................................. IIIIIII I I Illioll III I I sill 1 - 31, r Town of North Andover NOR7� OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 0 : p 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT SSAcHus� Director (978)688-9531 Fax(978)688-9542 November 18, 1999 Paul Thornton C/o MA State Police 50 Wetherbee Street Acton, MA 01970 Dear Mr. Thornton, This correspondence is in regards to the property located at 19 Second Street, North Andover,MA. As you may already be aware,the North Andover Health Department issued an Order to Correct lead paint violations and sanitary code violations to June Thornton in June of 1999. However, it has recently come to our attention, and confirmed by research at the Registry of Deeds,that you are also a deed holder of the property. As such,this office is now issuing the outstanding Order concerning the lead paint in your name, as well as continuing on with the case with Ms. Thornton. Please contact this office within the timetable as listed in the Order or with any other information that you feel is relevant to this situation. Thank you for your cooperation in this matter. Sincere , usan Ford Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Tbwnart Andover N°RTS OFFICE-OF °, COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street " North-Andover, Massachusetts 01845 WILLIAM J.SCOTT SSgcHusE< Director (978)688-9531P:.^ Fax(978)688-9542 DATE: November 18 , 1999 -ORDER TO CORRECT VIOLATION(S) - Paul Thornton c/o MA State police .- 50 Wetherbee St. Acton, MA 01720 Owner or agent of the.property lgcated at 19 x Second-Street, N. Andover, MA . Be advised that an, agent. of the Board of. Health. has determined certain portions of the aforementioned residential property to- be in-violation of the State Sanitary Code Chapter II, "Minimum Standards of Fitness for Human Habttatioq" 105 Code of Massachusetts Regulations (CMR) 410.750(.1). This_violation also constitutes a violation of the Lead Law, Massachusetts General Laws (MGL), Chapter 111, Section 197, and the Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000. Conditions exist in thisresidence which may endanger and/or materially iinpair the health of the occupants of these premises. DECLARATION OF EMERGENCY The Director of the Childhood Lead poisoning Prevention Program and the Board of Health declare that the presence of the aforementioned violation of the Lead Law and the Regulations for Lead Poisoning Prevention and. Control constitutes an emergency pursuant to the Lead Law, MGL Chapter 111, Section 198 and within the meaning of the Sanitary Code, Chapter I, '105 CMR 400.200(13). BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 CORRECTTON OF LEAD VIOLATIONS) The Lead.Law, MGL c. 111, ss. 189A-1.99B,:and the.Department.of Public Health's Regulations for Lead: Poisoning Prevention and ComroI, 1.05 CN1R 460.000, require that residential premises or dwelling units built before.. 1978 have lead paint violations either abated and contained for full compliance or brought under interim control when a child under the age of sic lives in the residential premises or dwelling unit..If-You, are. interested in interim control, then you must hire a licensed private risk assessor-to performs-x.risk assessment and-issue a "Lead.Inspectiod/Risk Assessment Report" before.you proceed.If you are interes7zed in deleading for full compliance, then you must hire a licensed private lead inspector to.perform a lead inspection and issue a "Lead Inspection/Surface Assessment:Report"_before you proce_ed.. - The Lead Law,the Department of Labor-and Industries'Deleading Regulations, 454 CMR 22.00, as , well as the Regulations for Lead Poisoning Prevention and Control require that any high-risk residential lead abatement and containment activities, including making loose paint, plaster or putty intact, be performed by Uc,-nsed-deleading contractors--whether in the-context of achieving interim control or full compliance.An ownerorowner's agent, after meeting the training requirements.of 105 C1AR 460.175, may perform certain low risk abatement and containment activities in accordance with these regulations without a deleader's license—again, whether in the context of achieving interims control or full compliance.:These.specific low-risk abatement and containment activities are the following: applying encapsulants applying-such coverings as carpet, vinyl, aluminum, plywood, plexiglass, and acrylic, to surfaces, including siding of exterior surfaces; removing doors, cabinet -doors and shutters;and capping baseboards: In addition, an owner or owner's agent may perform structural repairs, as defined in-105 Cly 460.020, ancleaning of leaded du d st; as may be required for inie:-inrcontrol, except that thd.final clean up-required after the completion of high-risk abatement and containment work by a.licensed.deleader must be performed by a licensed deleader. Violations of these requirements shall be punished by fine of not less than $500 nor more than $1,500 for each offense. ORDER You are hereby ordered to remedy all violations of N1GL c. 1 i 1, s. 197 and 105 CMR 460.000, as identified by a licensed private lead.inspector or, if you wish to pursue interim control, you must remedy all urgerrt lead hazards identified by a licensed private risk assessor. Whether you pursue full compliance or interim control, you must correct the relevant violations in accordance with the following schedule: - Within sixty(60) days of your receipt of this Order, you must provide to this agency a copy of a signed contract with a.licensed deleader, if any high-risk abatement.and containment work, including making leaded paint,.putty at;,plaster intact, is-required: If you or your agent is doing owner/agent low-risk abatement and containment and/or-interim control work, you must also provide within sixty(60) days a signed and completed CLPPP form entitled "Documentation of Training to Perform Owner/Agent Low-Risk Abatement and Containment and Deadlines by Which Owner/Agent Low-Risk Work and/or Interim Control Work Will Be Completed." The contract must specify, and if you or your agent will be performing low-risk abatement and containment work cr interim control work, then you or your agent will attest in the CLPPP form described above, that the work will be completed according to the following schedule: (a) violations ofthe interior of the dwelluig unit and interior common areas must be abated —orcontain for full coin'f anca oras required for interim control, within.nine 90 ys of your receipt of this Order: However, you.have a totak of one hundred:" d twenty(120) days from receiving the Orderto complete the following,,activities (i) many iaw risk abatemeirt and containment work_you or your agent;perform,_as:long 7 7has�allw°.dusk `generating abatement or; contaiiiment`_worit; i icludmg 'surface preparation requireci'to '6' b by a licensed Mild has been completed; and M. t Y anydoorsremoyed have been replaced, within ninety(90) days of..your receipt of: - EA- _ Cu) application ofencapsulants by licensed Level II deleaders, as long as all dust abatem Fl g eatorcontaininea_fwork,including surface preparationr_equired .to`ber done bya licensed:deleader;has:been completedwithin ninety(90)days of _ your receipt of flus.Order, ' _ �.• s.+.ir ate- - - - Cm) install~ttan of teplacementwindows, as as you can demonstrate that new. �'_ ,. - F .- windowEave been ordered within lune 90 iia s of our recei t this Order.:: - tY( ) y 4t -- Y 1. ........ AV (b) -Violationson the exterior-of the residential'premises,and exterior common areas'must be abated andlor contained for full compliance or as required for interim control, within _ -- - - one.huadr-': an -twenty,(, days of your receipt of tfiis:0rder- - - : Any.contractwztka`deT co ractor'mustalso4s ;3 pecify that the umt-will meet acceptable Y _ lead.dust levels, as determined by the results of sampling done by the licensed private lead inspector_or risk assessorat thii,, a of the reoccupancyreinspection,if one,is recess ary Should any of the--dust samplesMail-to'meet acceptable standards-ihe contractor will.be required to reclean the entire unituntil all dust samples meet acceptable levels. In.interim . _. controlcases in which nc reoccupancy reinspection is necessary and no deleading.contractor v - _ - _ ;involved because no lugfi Tisk abatement and containment_activities, including making leaded. paint;plaster or putty intact were necessary,then you or your agent.who performed required '. work be-responsible f6r cleaning the unit to meet acce table dust Ievefs.`In these cases,:. -- p dust levels will be determined;by the results of sampling done by the licensedprivate risk: assessor at the time of the'risk assessment reinspection: Any room or interiof area in which} - .. one or more surfaces:does riot meet acceptable dust levels must be recleaned by you or your - _agent ih its-entirety:= _ You must complywith all of the.deadlines stipulated above, and with all applicable sections of 1.05 -CMR 460.000: `C-ompiiance-witlr this-'O'iter will_tie determined b -y this agency's receipt of the appropriate documentation-within the specified deadlines.. _The documentation consists of the following: a) if any high-risk abatement and containment work is necessary, including making lead-painted surfaces intact, a copy of a signed and dated deleading contract with a licensed deleader; b) if you or your agent will be doing low-risk deleading work or such other work as may be required for interim control, such as structural repairs and lead-dust cleaning for interim -control, a completed and signed copy of the CLPPP form; "Documentation of Training.to y *Perfonn Owner/Ageht Low=Risk Abatement:and Containment .-Deadlines by Which Owner/Agent Low Risk Work ar, Tntenzn ControI-Work Will be Completed"; I titter t6ad:Paint(Re)occupancy(Re)inspecdon Certification issued by a'iicensed private ead inspectororrisk assessor,in.cases in,which high risk.abatement and containment,work, M gsuch 0 malang loose lead paint,plaster or putty intact,is necessary,thus requn-mg occupants oto be Felocated�ffom the'uiiit for the duration zof the.work, - d)�copies of results of alI.dust samples taken by the licensed pnvate lead..inspector or risk n e aLetterofFull ,) Del Com Nance issued b a.licensed � _.. -. , �g . . P -, x private.leadinspector or aLetter s of hrt&iin Control issued by a hcensed.private risk-assessor - - y additio a.co of the deleadin ..notification must be received by this agency at least terr=(10) - PY g business days prior to any commencement of deleading;.whether performed by"' deleaderor you or your _gent;_an whether in the context of full compliance or intedm,control.:,_ - PENAETIES r Failure to comply ivith this orderwill_result in cnminal..prosecution. The law-provides-penalties of up.to $5MRr--'-each dayofnon-compliance. In addition, you may become liable-forcivil-punitive darnagesequalMto three times,any actual damages for failure_to comply_withtthis order i£a_child becomes'aisoned - T �.T���a-fes, �- � ,�- __,_ _ .. - - .-_. . -, -•� �.:---;^�- ,. .. CORRECTIONOF VIOLATIONBY CODE ENFORCEMENT AGENCY If within the time periods stipulated above the`aforementioned residential property is aI ot brought into full.compliance or mtenm control, this agency may'contract.with a.licensed deleadei:to.correct.the r - - violation(s)`and obtain a letter of Full Deleading Compliance or a Letter of Interim:Control,.and bill the owner, oi`initiate:court action to reimburse itself RIGHT TO HEARING You may request a:heanng pursuant to 105 CMR 460.900 of the Regulations fora Lead Poisoning Prevention.and Control, in conjunction with the procedures of 105 CMR 400.200�(B), the Sanitary Code provision-for, hearings T.,.emergency public health matters. As already noted,-the aforementioned violation constitutes an e�nergency. ..(See"Declaration of Emergency" section.) As z - such;.you may request,a hearing only if-you have complied with this Order. The hearing will be providedwithLn#ea days ofyour request: This agency shall issue a wntten decision within severf_days afterth&hearing. _ Certified~1GIailrNo. - C:kWP5K.EAD1995VMDW.AL%HMM9A.WP6 _ 4 Town of North Andover04No o;e,�tia OFFICE OF Qa COMMUNITY DEVELOPMENT AND SER"InCES . - 27 Charles Street WILLIAM J.SCOTT . North Andover,Massachusetts 01845 �9ssncHusk`�h Director (978).688-9531 Fax(978)688-9542. :Date:. Paul Thornton c/o MA State Police __- 50 Wetherbee St Ar_tnn ' MA Q1 7')0 - - Dear -Mr.. Thornton A.lead paint determination was made ofthe property owned by you.at 19 -Second, St by Helath Inspector• of'the;;North -Andover "Publ-i 'Health Department an s The determination revealed the presence-of lead paint in violation of Massachusetts General Laws, Chapter 111, section 197 - - - (978) - Please..corrtactthis office.at .68'8-5540!- -as soon:as_pcssible•to discuss-your-res onsibilities in this case, and the material enclosed. The Massachusetts Department of.Public Health(DPH)'s Lead Poisoning Prevention.Regulations require that.you provide to this off ce, within sixty (60) days of your receipt of this-letter, a contract with:a. licensed deleader, signed.by both you and the deleader, toabate and/or-contain all lead violations existing in the dwelling unit, including interior and exterior common areas. You must provide the deleading contractor with a complete inspection report from a licensed private lead inspector,_including..an assessment for encapsulation.if desired. Also, if you or your agent is planning -to..do any low-risk abatement and containment.work, within sixty(60) days of your receipt of this letter you must provide this office with a signed and completed Childhood Lead Poisoning Prevention Program (CLPPP) form entitled, "Documentation of Training to Perform Owner/Agent Low-Risk Abatement and Containment"and Deadlines By Which Owner/Agent. Low-Risk Work Will Be Completed." This form is available from CLPPP in the Homeowners Abatement package. The contract with the licensed deleader musts iecify,and if you-or.your-agentwill be performing low- risk work, then you or your agent will attest'in the CLPPP owner/agent form described above, that the deleading will be completed by the deadlines described in this paragraph. All violations on the interior and interior common areas must be deleaded within ninety (90) days from your receipt of this letter. However, you have one-hundred and twenty (120) days from your receipt of this letter to complete the following: any low-risk deleading work you or your agent perform, as long as all dust- generating abatement and containment work, including surface preparation, required to be done by BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 aalcensed deleader has been completed, and.any doors that were removed have been replaced, within ninety(90) days; application of encapsulants by Level.Il deleaders; as long as all dust-aenerating abatement orcontainment workincluding surface preparation, has been completed within ninety (90) days and fnstJation of replacement windows, as lona as you can document that new Vrindows have bean ordered-"within-ninety(90) days. All.ecterior violations must be deleaded-within one hundred and twenty (120) days. The contract must also specify that the unit will meet-acceptable dust levels, as determined by the sampling done by the licensed private lead inspector, andthat the deleader -will be required-`to-reclean the unit if necessary, until it meets acceptable standards for dust. This-Department is required by law to file a_case against you in court if it has not. received the required documents by the sixty-first-(61st) day, or ifthe timelines for interior and=exterior deleading complianc-are not adhered to as documented by a private lead inspector..In a criminal case, you may be fined by the court up to $500 for each day of non-compliance. Under the law, only deleading contractors licensed-by the Department of Labor and.Industries (DLI) may engage in the abatement or containment of known lead hazards, with the exception of certain , low-risk work that may be performed by an owner or owners agent without a.deleader's:license. Before such an owner or owner's agent may perform low-risk abatement andcontainment work, he4. or she must read the Childhood.Lead Poisoning Prevention Program (CLPPP)'s educational booklet, view the CLPPP encapsulation video, and take a self-corrected exam that must be-submitted to CLPPP. To,req_-ive-a_copy of the Homeowner Abatement package, call the CLPPP Central Office at 1-800-532-9571. Also available from-CLPPP;.at.Ithe-phone number above, is the booklet,-"Decidii sz Whether to Encapsulate." If after reading it you decide you would like to have an assessment for encapsulation performed, you must hire a licensed private lead-inspector to perform this assessment.Results of the assessment shall be recorded on the initial "Lead Inspection/ Surface Assessment form" and a copy should be sent to me-;Only those surfaces approved by the licensed inspector will be-eligible for encapsulation, no matter who actually applies the encapsulant — a licensed Level E deleader oryou or your agent. I have enclosed a list of licensed private lead inspectors. If you would lire information about financial resourdes available for deleading, a pamphlet entitled "Deleading? Grants &Loans for Property Owners 1995 Resource Directory" is also available from CLPPP. At least 10 business days,before any deleading work -begins, the. deleader must provide written - - notification to DLI, all residential occupants, the Board of Health. and CLPPP. It is your resnonsfoility, as the owner of the premises, to make sure the contractor sends the completed forms to all games. If you or your agent-vyU beper prF= -low-ri$k abatement and containment work, you are responsible for providing the written notice of deleading to DLI, the residential occupants, the Board of Health and CLPPP, and also for writing on the form which low-risk abatement and containment activities you or your agent will be performing. All occupants and pets must be out of the dwelling unit for the entire time that interior deleading work performed by the licensed deleader is in progress. Occupants and pets may remain in the unit while you or your agent-per orm low-risk abatement and containment work,.as Iong as they stay out of the work.area'..A.lsar occupants�and pets must._be out of the:unit,entirely while you or your:agent apply coverings to a surface with peeling, c4ipping'orcracldng7tead'paint or,plaster., Occupants and pets who-have..,been outof the unit may'not returfi until a.licensed private lead inspector approves reoccupancy by conducting.an.on-site reinspection:ofthe unit,including taking dust samples to assure - that lead dust levels.meet approved:standards:.This reinspectiorr.-will_be.done-at least-25 hours after deleading work is done::the inspector must wait.at least-one hour afterihe deleader performs'a final clean-u arid the deleader-must waifi at reast244ho&r 7r' fter the::completiorr af:deleading work to D.*� perform that final clean-up.Deleade&surfaces are not to be repainted until the-inspector performs the reinspection-and gives-approval. All work-is.to be done m a worlananliIce_manner,'andthe dwelhng must be returned to a.condition that meets the requirements of Chapter.Il of the State.Sanitary Code. ---Scraped surfaces-must be feathered and made smooth by the.deleader prior to repainting. (Repaint only.after_reinspection). Deleaded windows and doors must have all panes ofglass intact-andmust be-weather tight. You are.required to provide-written_notice*ofthe presence ofleadpaintto all otheroccupants-of the.-- building. "Noticeto Tenants of LeadFaintHazards" is enclosed for that_purpose_ You are required to send a copy of the_inspection report and the enclosed-order-tu all mortgagees and lienholders of record. Questions regarding Department of Labor Industries.regulations should be addressed to the DLI office.(617-727-193 2): Questions regarding thvDepartment of Public Health regulations should be.. addressed to the CLPPP central office (800-532-9571.) or this Department-( ). Inspector _ - Director c:1wp30Uead1995\grnerallbhcav395.wp6 3 Town of North Amioves �o F ' NORTy.� OFFICE OF COMMUNITY DE'ELOPMENYD SERVICES 27 Charles..Street:. North Andover; Massachusetts 01845 ' = y9'�• n; 'ya WII.IrI.D.M:I.SG OTT 9'SAcNusf�� :rector (9� 688_a.953)1 �c Fax.(9 LD DET EF?�'?>nT_ION REPORT t Orc`� 78 688 95x2 r�KSv� ?"Ltc:--rsewT L etfioa i;se : Sodiurn Suiid: =miraacn dare: ? -Rav Flucrescezcc__.iti{ode!: G SC 'al R: - : Proper,�.`address: I I ��.G.a�l.G� Aon. n Descintion of P'COC--v: ✓' {ul[I = Laruly R tS --C ara ze. . . - - - F=c Ot-hc.struc=es gc or Prooe-ry _✓ Pre-.1978 Post-1073 .._ Ocrunanc Oct soantS,unde;-silx year of aoe:-a DOB:� - ,. DOB: __DOB:- OC:.:ID1nL's-Tcicchocc: Prooc:'ty :�Tl z - -774, s Owner's Address: �LZI • N . 0%vnc-. s Te!epbonc::__... Lead Eiazsrc# found? es ✓ 1\10 An_X-ray Fluorescence reading greater than 1.2 mg/e:n2 or a.Cay ar black retic ion to soaiur sulf de indicates a•pasitivc level of lead and consticufes a positive de:errrunation: - - Deieadirls of lend painted surfa= as a result of this report or subsequent irupection must be pe wormed by a keens dcieading contractor and/or by an owner-hacnt who is trained to perform spccific work as recuirec under the Le:d Law. Contact the C'rildhood Poisoning Prevention Program for additional inform ucn regarding deicading ana t wining. — - ,� C.\wP50LL�\D19951L(C.FO'n'.C�.iGRE.r.•,t�pn � 1 BOARD OF APPEALS 688-9541 BUILDING 683-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLAP NING 688-9535 LOCATINson, L �.Pb x;I Crud's bedroom I Window Parona bead/ere^Gr siil area Cl.ud s.bedroom I ` ,r,do x siil I _ rcer: I jai inaow pa:.irg bzadle. e.-or s'll a e, I/(� L Kltc`re l _ w Windo cpa-r ,^:Gi 'L- Intp�iGr::, I Flaking cairt - - 6. I Esta^cr. _ Flaking paint -.. 'icr I Ce!lar win'do',v units _ s. I E.-ae:ior, - I Wir-dow siils be!cw i 9. Main ert;V ricer,c:s;n2 I I - 10. Ldi er'or -I - Outside ccmer of baseccard 1 1. KizchC-r CrBatILLGCrl I Chair rail 12. Barl`ircom I Window siI1 _ - '• 13. I E:re:or - I Th.resl old I i 1�. I. Interior hailwac.Cc aunan arm) I S �; tre d or�,;:nse- 15. I Inte;ier L-LdWaV(common arta) I Balusters 10. Irate.^:or Hallway(common ai'ea) Dcor [17. I Parc i - I Scair [read or_r;ser 18. I Parc t - 3-��- oar a 19. Porch I Gas; [PO_S ! - 20. I Porc ----. I Sucpor diarnecer Cr square) I - 1i Parc:-. 1 S 22. Exte:;cr Bulkhead _ 23. I Crarase'Outbuildin I Doerc ing or jamb 24. Intencr I Closet door or baseboard(urcaceed) 25. I Interior _ Cabinet door, she!f, or wall I i I C The Co mm.onweaith of Massachusetts E tine Off ice=of-Health and Human Services -xecu . • .Department of Public Health 9 � Childhood Lead Polsohing Prevention Program 470 Atlantic `Aenue,rSecond Floor *. WILLIAM F.WELD BOston, MA 02210 n v Goeror - , :r x`61T-7.5 3=8400 / 800-532-957.1.. . ARGEO PAUL CELLUCCI Lieutenant Governor -> - GERALD:WHITBURN - v � - r Secretary - DAVID-H.MULLIGAN --Commissioner _ DISCLAIMER CONCERNING LEAD DETERMINATION REPORT -_ - The:information contained irtthis_report concerning the presence of lead paint does not constitute_ a comprehensive lead inspection:The_surfaces tested-represent only a portion of those surfaces that would be tesfed-to determine whetherthe premises are in compliance with the Massachusetts -Lead Poisoning Prevention Law(Msac ashusetts General Laws,`chapter 111, sections 189A -- through 19.9B). - Serious lead poisoning hazards aze created when.materials containing lead paint are disturbed, unless proper safety-guidelines are.followed. Therefore, Massachusetts law requires A111ead paint removal,and in general, most,of the work required to abate and contain lead - _- paint violations; must be done by a licensed deleader. However, property owners and their - unlicensed agents may perform_certain low-risk abatement and containment activities - without a deleader's license. Before they do'so, though, owners and their agents must obtain and review educationaL-materials produced by the Childhood Lead Poisoning Prevention Program,:and.complete and send back to CLPPP a self-corrected exam:The low-risk abatement and'containment activities are thefollowing:.applying encapsulants; covering surfaces;capping baseboards;-removing doors, cabinet doors and shutters; and applying exterior vinyl siding-Letters of Full Compliance will be withheld if unauthorized deleading has occurred. Any renovating or rehabilitation of premises containing dangerous levels of lead paint. must be done in compliance with tWprocedures set forth in=the Deleading.Regulations issued by the Department`of Labor and Industries(454 Code of Massachusetts Regulations 22.11), including sealing off the work area from.adjacent areas, and using a NEPA vacuum and tri=sodium phosphate(TSP) detergent for final clean-up. Any deleading work done on the basis of this report will not qualify the property owner for a state income tax credit, nor will the cost of such deleading be reimbursable.under any state loan or grant program. In order to qualify for such programs, the premises must first be subject to a comprehensive lead paint inspection. If a child under six resides in this dwelling, the property owner may face criminal or civil liabilities unless all lead paint violations have been corrected. This lead report c annot assure that the y.property owner met-this or her obligations under.'the law` ' °.,:It is unlawful for rental property owners.to use-the.presence:of lead:,as.the basis for discrimination " against tenants or'potential tenants with young children - Ty "`arts 'l:'l'•i z...T•sr.,..b:.. _. _ - T 4-'..•a4. a '•44'3_Y.R- - -.. 4. a R 0' -Z.. .. _ate i - - __•.._ .. � _ .• _ - -. ... .. a: -' • - - _. ...v C:1 W P30Q,EAD 19931GEN MAUDISCLAIM WPD Rev. 11/95 - : f The Commonwealh of Massachusetts Executive Office.of Health;and Human Services} Department-of Publit Health #'w Childhood Lead Poisoning Prevention Program a :470: Atlantic Avenue . Second Floor fl y; WICLAI WELD. Boston,:.MAaS 02210 Govemoc - - -: . 617-753-8400 /80.0-532-9571 —� M�. lieutenant Govemor - ,_.nwuT -r.-u= `es' "�4' N,.x.exk'p'iia- :31•=..• .,c.7ady.,. «.$ ='".._ • .. - - y GERALD WHITBtlRN _ -z — Secretarr g ' r.� MBRO z" �DAVID`H`_-`MUCCIGAN"- .=;>a, --.gin_. . ,,. -- --- - a •• __ -- ---• __--- - - CommissIoner _ �rZRESIDENTTAL DELEADING ADVISORY-- - u - Tlieproces&ofabatmggor`contai*glead'paint(commonly called:del eading)-can be dan'geons;whetheritis done=forfull=compliance"oraspart.of bringingaunituaderinterun `z control Eocthisreason;-theLead.Laves(Massachusetts'GeneralLawschapterIL'1, ons,.189A_ `.°through I99B), a Regulations°forLead PoisoningPrevention and-Contro1-(105-Cod6-of MassachusettiRegulatioi s-460:000):andthe-Deleading Regulations(454-CMR:22:00)-require - _._,�_. .,h. -.__-_._ ' __' __ that a:licensed deleadmg contractor remove.lead.paint, and.in general, perform all deleading work }. rrecf-16&-viola*nsthat.is-not;low=risk-.The Lead Law-a.xwell:a_s•the-Re8necessar to coatrons y ._ forLead°Poi,sonuiT-Prevention'ari ..Control; allow property owners and:their agents toperform certaialow nsk'deleadmg activities without a deIeade>'s license,whether the.work-is'donefor frill jam _ , compliance=or..intfffin contxol Before they do'so though;°-owners-and-their agen&mustobtairr _ -and review;educational"materials produced by the Childhood Lead Poisoning Prevention-Program, and complete^and`send bac :fok _CLPPP a self-corrected exam>The educational inate-rials include--- .. _ -_-„ _,..;..R - - •. . _ . . inforrniEdrt-fo?owners-and`theiu-agents about safety precautions-and cleanupr” `requir_ements-The low-risk atisiement ands containment activities are the,followin =secific-activities:'applying'_'. encapsulants_covering•surfaces;cap pin&baseboards; removing doors, cabinetdoors.-and:shutters; - and applying exteriorvmyl=sidmg:Property°owners and,. eiragents-may also perform-other:-work that may Te necessary forinterim control, such as structural repairs'and.lead-dust cleaning _ The Eead'Law and the Regulations for Lead Poisoning Prevention and Control-have additionalrequtremeats'to-make sure that occupants.of a dwelling unit are not exposed:to lead — hazards:The most important requirement is that any occupants be relocated from the dwelling unit:while a:deleaderis:perf6hning any deleading work that is not defined as low-risk on-interior surfaces'Property ownerst and 6&mpants�hould refer to"Notice to Property Owners and for Tenants tenants' rights "Responsibilities and Remedies" move information on alternative housing-arrangements- Occupants may continue to live in a unit while an owner or agent is performing specified'low-risk.deleading activities, or other work that may be necessary for interim control, such as structural repairs or.lead-dust cleaning, as long as they stay out of the area in which these kinds of activities are taking place. However,-occupants must be out of the unit for the day while an owner or owner's agent applies coverings to a surface with peeling, chipping or cracking lead paint or plaster, and•during spray application of enc4psulants,and-may return-at the end-of the workday,.after the.owner or owner's agent.has cleaned up, but need.not be.out of-the beidunng;the tune 'very important that:.occupants think.carefully about what their daily needs will . unnt.ovennn t. It is; they are away from dome,;and take along all that they wall need_No one should µ return to adwellnng-unntwhile-a deleader is stili working or.while an owner or agent is:covering a _surface with peeling, chipping or cracking lead_paint orplaster;or applying encapsulant by airless sprayer: Both property'owners and occupants'must'take thein responsibilities-seriously-and cooperate My to assure the protection:ofall concerned.-No one.should interfere.with the work �; being completed safely Z. ' Occupants of the umt in:which any kind ofdeleading work is talang place, whether.for full _ compliance:oras partof interim control;and other residents-of the building;;it- . must receive - s written notification at least 10 business days prior to thibeginning.ofanyl`ead paint abatement and-contaunment:.work Beforedeleader begins work; alI-furnishing'& a andpossessions of_every type should:be:removed-de stored in plastic bags in-non work areas. This includes all-children's - clothing;.toys; stuffed animals; bedding, etc`Everythingshouldberemovedand.closets.must.be. emptied Possessions not removed from the work area should be put-in plastic bags and.left-in the - center of the room only as-a-last resort TheLreason for hese extenscve precaimonary:measures is -— - - to protect every household.article from lead dust contamuiationrVery`. n, sris-extremely hazardous,and especially difficult to remove;:Belongings must also-be:protectecLbefore an owner--y. . - or-agent performs-low nsk abatement and_containuieat worir, orother workthat�maybe regiiired _ - _ _ . .,,h,. - _.. wf4orinterihi-control-.butthe rppqutions.arenotas:.extensi .efbrthf&-ttXP eof-work In P _ :. 8 recommended that furniture and:belongings be moved outside the<work area, or.covered with - el _ - -=-thick plastic and,sealed-with duct tape,before.low risk.abatement<andcontainment.begins Avery..thorough.final clean-µpwill.be°conductedbythedeleadesnasoone=than 24 hours_ �. after the.completion:ofthe.deleader' sinterior-work.This;delay-ensures thkfne:aiiborne - particulate;will-settle.outandbe,removed in,the:fin l:clean-ugw.Occupants.':can return only after a lead inspector,or riskassessor determines.that-a.residential premisesordwelliag umt-i`s safe through.the-reoccupancyreinspection,which_will.include an analysis of lead dust.levels within the - .home.Occupants should leave a:phone-,number where then-cambe reached so that the-inspector or -' risk assessor can notify them when_itis safe to=return home.,Occupants;cannot.be.permitted.to - _._. ' reoccupy the home, the.dust sampler are fonindto:indicate acceptable.lead dust levels. If.. the property.ownez.oi:,agent is going to be performing low riskdeleading_wor -or other.work that- _ : _..- __may be requiied for.interim:control after=the occupants*return home;theyxwill-be taking some : .. -- precautions as instructed.in.theC.PPPteducational.materials They;will also be responsible for cleaning up when they-are done{and need not 24-hours after completion to-do so). An inspector or risk assessor willreturn at-that point andperform a reinspectioato;check.the owner's or agent's work While.there.is no substitute for correcting lead hazards through full compliance,or bringing:a' - unit under interim control;and.then perfo�tning a thorough-clean-up to protect children from lead exposure,.therearesome important steps that can betaken even before.work for_full.compliance or interim control begins:Your.:lead.inspector's or risk assessor's adviceand.counsel should be. carefully.followed because of,his/her personal knowledge of your child's home environment. As part of their normal behavior, young children place things in their mouths, especially toys and their own fingers. If there are leaded paint chips and dust in your home,they may end up in . - your child's mouth: Children's fingers pick,uv,lead dust; as do toys,food'and'candy that fall on the floor. It is especially important to wash yoiircud's toys and to try io keep your child's hands clean, particularly at meal:time., a, Areas:ofpeeling;.chipping or flaking lead paint and dust-should be cleaned. 'Wet:sponging and mopping with detergents containing phosphate; such as TSP (tri-sodium pfiosphate), sold in most Y•-hardware stores,.or automatic dishwasher detezgents. uch as Cascade or Sunlight; or otheriead- - specific detergents,.are bestfor this kind.of:cleaning..Windows�and window sills in particular are ' often a major source of lead exposure Sills should:be cleaned regularly if paint dust or flakes coll'ectthere. If windows 'are in poor condition;'the best,thing-to do"may-be to keep the-lower sash- _ ... . . --closed:and open only the upper sash for ventilationE(This has.tfie:added benefit of protecting-your.. : .- child from accidentatfalls from-'the window:) Contactspaperniay_:6e aiphed to areas`of peeling A" _ y.- - paint on window sills walls pr other surfaces,as a.tem o .. measure- I)Fnot use your,household: -- Y_:___: __ . . vacuum cleaner to clean up-paint chips-because itv iff4tsperse fine particulate into the air. ._. . Sometimes fiuniture can be moved to forma child-protectivebarrie_r-to cover deteriorating paint or plaster.If deteriorating paint or plaster is in the;child's bedroom, use another room as the child's room, if possible. Think of those parts of the home where your child spends most of his or her time and-try to them as clean as you can before youz~home sIeadpaint hazards are —addressed.through full compliance or interim control.. .; Lead paint can contaminate soil'. If the exterior surfaces of yourhome=have chipping, peeling ' or flaking paint; do not_allow your child to play in thesoil,azound the house; and be careful not to . m track soil from these areas into the house. Follow the advice:of your-lead inspector or risk ' assessor about sod on your property. - C:IWP50VLEAD1995\SHARON\ADViSORY. - Rcv.9/9S - Furdwmy.9/95 The Commonwealth of Massachusetts Executive Office. of Health`and- Human Services Department of Public Health s, Childhood Lead-Poisoning Prevention Pro f 9 7 c d ram - - 4 0 Atlanti Avenue; Secort Floor t WILLIAM F.WELD MA 2 ,Governor s, 0 �1_Q .„ ygoso n, s "" 617 7T53 8~400 / 800 . :.::ARGEO.PAUL_CELL000I __ .,.:Lieutenant Governor , GERALD WHIt URN tea, Secretary _ DAVID H._-MULLIGAN Commissioner" . "-NOTICE TO'PROPERTY OWNERS AND TENANTS .:.TENANTS'`RIGHTS::RESPONSIBH TTIES AND-RE'NMI-9 _ - VIOLATION_ } m, - _.� , _ _ t.,, .. It�l as been determined that tharesidentialypremisesordwelling unit and/orcommon areas atthe address-cited:�the.accom an ' -documentrcontain:dan erous-levels-o£lead in -amt.or-other ^ coating,in violation of portions ofthe Lead Law;;Mass: General Laws.chapter-lll, sections:196 and.197,,and 105 Code of Mass..Regulations,:460 000;Regulations for Lead-Poisonmg -- Prevention and Control. Thisviolation.may endanger or materially impair.the healthrsafety or welt being:of per occupyir Ahe.premises"or.-..unit-_Atis the responsibility o£the 6viner of the -,� ._, __--,,,. ._-. _ ' residential premises or dwelling unit,.'under.M'G-.L c=11-1, s. 197, to abate and/orcontain lead violations for.full compliance, or bring then unit under interim control,.whenever"a=child._under_six years of age;resides in the premises--or or in:special cases when..directed by local or state. authorities TENANTS'RIGHTS: RESPONSIBILITIES AND REMEDIES In order for the above violation(s) to be,corrected as quickly and effectively-as possible; it Ybenefits both the property owner and the tenant to cooperate with each other and make responsible accommodations to each others'reasonable needs. Should good-faith efforts at cooperation fail; . tenants may, depending on the ciraimstances;_be.able to.-avail themselves of certain:statutory _ -- _- _ _,. rights an rem Since property owners have common.law as-well.as statutory rights.and remedies,.too, and most of the remedies available to both tenants and property owners are _ somewhat complex,tenants are advised to obtain legal assistance and/or legatadvice-before._ seeking to:use the rights summarized-below. (1) Alternative Housing. M.G.L. c: 11'1 -s. 197 and.105 CMR 460.160(A) require that.tenants be:relocated from the dwelling unit.residential premises foethe entire time that interior deleading work(other than that_definedas_low-risk) is being performed-by a licensed deleader. Tenants may remain in the unit while a property owner or owner'sagent without a deleader's license performs low-risk deleading-work or other work that may be required for-interim'control, such as structural repairs or lead dust cleaning, as long as the tenants stay out of the work area. However, tenants must be out of the unit for the day if an owner or owner's agent uses an airless sprayer to apply encapsulants, or applies coverings . - to a:surface:with:peeluig„,chipping or-cracking Ieadpaint or plaster. In these two cases, -' tenants-may return at:the.endof the.workday,,after the.owneror owner.'s agent has cleaned up,;but need.not be:out of the unit.overnight.,Tenants who have been relocated. from the Uri&.Maynot return witil the deleaderrs interior work.is completed;°the unit is cleaned up ands licensed'lead inspectoronccensed risk assessor,finds that it meets the: conditions o£&reoccupancy reinspection spec2fied m I05 CMR 460 760(A).. Y - Itis the responsiTfiity of the property:owner-" tenant to:-work out_an.acceptable plan for -_ , X alternativehousuY when itisnecessWhenever- ossible� tenants should find temporary g - �'� P housing;with�amtlorfnends.M GL c L1I s 197(h)requires that owners pay for the tenant'freaso_nabIit movingexpenses and-any charges:for occupancy ofthe alternative housing unit:the-owner o&rs, and_that,tenants continue-to pay their full'normal rent duriag the O.i o they are moved out:to alternative housing. The alternative housing unit 11 � . I must-be one that does noti cause undue -cononuc orpersonaL hardship to the tenant. If the alternative housingumt~chosenby the awner=doesnotpose&:hardship;and _the.tenant stif, - __ refiise&toiaeceptit;them he.tenantis-responsible-for finding.and arrangingfor_his other own_temporary housingdufng ae.eading Ea such:&_case; the tenantis not-responsible:for a rent+durut the erioct)ie:orshe:is•out o£th6uni Tiut is res onsible for. a paying �.. P, _ t; P P ymg,the �_�.. cost o£thetemporazyliousiagheyorshe:hascfiosem. e.ownerremainsresponsiblefor paying thetenantan}�reasonable moving expenses;plus any-amount by which the cost of the alternative fiousingunitoriginallychoseiitiWthe_ownerexceeds the rent.for that period:`.Tenants.under It seand.tenants at will.have-applicable'.legal.rights and-are advised --- to seek.legiri'ssista—c" *-,_event an-agreementcannottibe,reached (2) Protection from�Retahatorp Rent Increase 4or Eviction.Under,1v G.L-c-186, s..18, the property-ownermay notinciease rent:or evict tenants in reprisal for:their having reported a violation or suspected-violatiod of the Lead Law. If rent is increased or the tenants evicted within six months of the tenants' taking any action with respect to the Lead Law issue,.the property owner would.have to show clear.evidence that he or she had other reasons- or ortheyrentiacr�ea"se°orevictionr and.that.he-.'orshe_wouId have:raised:the rent:or evicted the:tenants.at that point in time, regardless:of the tenants' actions with respect.to the°Lead-Law:PropertTowners,who are:fourid to have i atened"or.taken.repnsals _ . against tenants-for.exercising rights under the Lead Law-are liable for damages under _ M.GL'c'186;:s't8andMG.L_..c:93A fir_ -___w_= - ` r7. (3) Rent Withholdiri :Tenants have a basic obligation to pay rent to the.owner of a unit they - occupy. M.G.L. c. 23.9, s. 8A creates an exception to this-when there are locale or state law - violations, including-Lead Law violations, existing in the unit, by allowing tenants who qualify to withhold:rent.as long as\`such.violations remain uncorrected.-Tenants may take this step only if they were up to date in their,rent payments`afthe time the owner was notified of the lead paint violations, and they did-not begin-:withholding until this point. Property owners are entitled,to bring a court action to evict tenants for nonpayment of rent. To fully protect themselves against attempted evictions, tenants withholding rent for Lead Law violations may need to place withheld monies in an escrow(separated savings) account, or may be ordered to do so by the court. If these conditions are met, tenants may i - not be evicted for nonpayment of r'ent'or.for any other violation which is.not the fault of the.tenants: Propertyowners have=the.right.to-enter_the eenants'premises;:if possible by appointment,but,in-any case in emergencies, to:inspect forviolations and to have them d repaired, and this includes the.Leainspection i d&ending or intenm control"p`rocess.. - - Tenants have a responsibility to'cooperate withowners'and'allow all necessary`access to their unit forrepairs.Tenants who1mtezfere wits th right o entrymay be ubject:to eviction As soon as the�lead paint-violation'ts_certified as'having laeen collected;all or part of the withheld monies__may_have-to be paid to'th-AbWher,based oil the court's judgment-..-: _ M `.r' 4w"`'•+, 3:=tom, -raX;T '_ t' � .. `%^Ye.��= ,rv;... «. "' t- .1. _ ..s :r" wtf. (4) "Rent Receiveishio"' M:-GL. c =1`l l,_ssk= RE PAINTINCT 01 Violations:o£the.Lead Law.constitute violations.of the State:Sanitary Code Although repainting of surfaces fromavhichleadpaint or other coatings have been removed isnot reguire&for compliance with.ahe Regulations for LeadPoisoiung Prevention and Control, repainting_such urfaces is required under X 05 CMR 4 L0-02.1-of the:State Sanitary Code, Itis important that.:. deleaded surfaces be sealed za id can be.easily cleaned-Re paintingtof deleaded surfaces may.not _ , occur until afterthe�surfacii have:beem reinspected'wl ile:bare and:approved:for'repainting by a . . w licensed.lead inspector oda.hcenseii nskassessor Repair g of deleadedsurfacesronilieiiutenocof the dwellingunitand intenor common areas ''must be completed within 30 da_ c upancy reinspection,.if there.is one;:or if not, the deleading reinspection orthe,nsicassessment reinspection..Exterior surfaces must be repainted,, - within 30 days-ofthe_del6'__gjreinspi!! ido aorriskassessment.reinspection_ x .. "° � :, � ':._.�y •r•'�,�,�,�; ter:" ,.,,1- a` -+-, '.� .. . �— -This:repaintingrequirement doesmot;apply to surfaces where.lead-paint has been covered ora --- w _. new fixture or surface installedto<replac&a Pleaded one_However, such surfacesmust_also be= ...,. _. . rorskasorbeoreheyare repaintspecdbacensed lemoned . Tenan&&eadvised .3 to contacttheinproperty owners ifthe required repainting is'not,completed.as stipulated above. If the property ownerrdoes not-respond, then tenants may wish to call-the local ' board.of health.: Z. - ^CLPP9SI9--.F�evised'3i9S - --�; r�:� F � Further°reu lsiif Si95_and 9/,3S-.i6.rvn!m- A r� Town ®f North And-�ver rORTh �� OFFICE OF t oo COMMUNITY DEVELOPMEN'FAI dD SERVICES p 27 Charles:Street. y. F North Andover, Massachusetts.01845 y9'°•:.,° "�5' VILT.IAM-J..SCOTT. SSgcNusE� Director (978).638:-953 1M Fax (978) 688-9542 " _. L =_ D�_71 Nlh'r'%.OP>• =E_ORT F0RIM Dace oL' .inarian: :C 'vlz•*ica ase Sodium Sulfide >r ccuadcrl dace: -7 Z_� 7 �g c� `X rTav tTucr cd•sc. iVtodclK- - - Prop e:✓-`,ddress: j.—CL Des.:;t Cron of Pmocrty: - �/ Multi-faruiv - ;� units Carate . F=cc," Post-19 7 8 Oct:ipants undo-SLY year of age' ,i���-f�R��l.a; � DO 13: DOB: . Occunart's Tc!c-_hccc: Prooc-v Owrcr(s): - T,s Owner's Address: Al. O%vnc:'s Tc?cphcnc: Lead Hn7nrds found? Yes ✓ No An X-ray fluorescence reading gcatzr ttlan 1.2 mg/etnZ or a gray or black reaction to sodic^sulfide Lndicatzs a positive leve!of lead and consticuU= a positive determination. De!cadin2 of lead p:iratedl surfaces as a result of this report or subscqucac inspection must be pcnformcd by a liccns_--,�deleading contracmr and/or by an owner/a;c ic who is trained to pc:-form sp=ific werlk as required under the L-ad Law. Contact the Childhood Poisoning Prevention Prouam for addition I information re2arding3cieading and dining. - - ,C.1wP 50kL-:�D 19951L1c.FC R zz kCRE-E'.'�/P^' 1 1 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 • Y Northeast Housing Court 2 Appleton Street Lawrence, Massachusetts 01840 (978) 689-7833 Paul J. Burke David D. Kerman Clerk Magistrate Associate Justice Date : January 21, 2000 Re : North Andover Board of Hea Vs : Paul Thornton No: 00-PC-00069 NOTICE OF SHOW CAUSE HEARING A request for criminal complaint naming you as the defendant has been filed in this Court, and a copy of the proposed complaint is enclosed. Before any criminal process issues, the Clerk of the Court will hold a show cause hearing to determine if there is sufficient evidence to require that you be charged with the offense alleged. A clerk' s hearing to determine whether criminal proceedings will be commenced against you will be held at the Clerk' s Office of the Northeast Housing Court, at 2 Appleton Street, Lawrence, MA 01840 at 11 : 30 o ' clock, Wednesday, February 02 , 2000 . At the hearing you may present your side of the matter, bring witnesses, and be represented by an attorney, if you so choose. Pau J. Burke Clerk Magistrate ELMS : SCH-SCAUSE REQUEST FOR CRIMINAL COMPLAINT FOR LEAD PAINT To any . Justice or Clerk—Magistrate of the above—named Court: North Andover Health Department. Town of North Andover , on behalf of the Commonwealth, on oath complains that: Paul Thornton, c/o MA State Police, 50 Wetherbee St. , Acton MA 01720 was and is the owner of residential premises located at 19 Second Street , North Andover, MA. ,OIR41i wherein a child or children under the age of six resides; On June 16 , 1999 , a representative of the Childhood Lead Poisoning Prevention and Control Program inspected said premises and determined that paint, plaster or other materials accessible to children contained dangerous levels of lead equal to or in excess of 1 .2 milligrams lead per square centimeter or 0.5% lead by dry weight as defined by the Program' s regulations, 105 C.M.R. §460. 000 and the public health law, Gen.L. c. 111 §194; On November 22 , 199 9 , pursuant to § 460 . 700 : (3) of the Program' s regulations, and pursuant to §410.832-.833 of the State Sanitary Code, the defendant was served with a written order .to remove or cover such paint, plaster or other materials, thus to comply with §197 of the law. On January 22 , 2000 and from day to day thereafter the defendant has failed to comply with the order, each such day . being a separate offense and a separate and distinct count !of this ' complaint; .all in violation of Program regulations, 105 C.M.R. § , the State Sanitary Code, §410.910-.920, and Gen.L. c. 111 §197-198; and did so willfully, intentionally, recklessly or repeatedly. / r Da e Co lainant Sworn to before the undersigned Clerk-Magistrate of this Court. /'� Date Cle -Magistrate r 5 9 8 I, Bernard P. McParland Essex County.WW&Ueft r of , Lawrence. • . ':,' ( as stated herein:. hhrd snnnarlid,for aonsldeatlon Paid.and to Eutl ooaslderadoo of . . =peal R• Thornton and June G. Thornton, husband and wife. as'joint "granb to y both , tenants and.not as tenants in common nor as tenants b the entirety. tvamb _ of 22 Sc)iool Street,"North Andover, Essex County. Massachusetts 41 qhs land inrtoith Andover, with the buildings thereon, being Lot numbered 2 on a puri of land.of•lielrry R. Dow, 3rd et ux, and Stewart P. Wilson at ux, Brasseur 1989, said plan being recorded in the North Essex " * _ Associates, 'Septembor, I�. `' ' Registry of Dee. as Plan 04949, and befog more particularly bounded and de- s }^ x scribed as follows; NORTHEASTERLY Eighty and 01/100(80.01)feet by land now or formerly of William A. Finneran et a1; n :- .- SOUTHEASTERLY hundred five(105.00)feet by Secohd A „ y . • Street; SOUTHWESTERLY Eighty(80.00)feet by Lot 0; and NORTHWESTERLY One hundred three and 481100(103.48)feet by Lot 13. All as shown on said Plan 14949 and containing 8,338 square feet of land according to said Plan. Being the same premises conveyed to the grantor herein by deed from Harold J. ®� McPhee, dated July 8, 1973, recorded in North Essex Registry of Deeds, Book 1222, Page 383. The consideration for this conveyance is Fifty»One Thousand(a51,000.00) Dollars. Y . Said premises being subject to current municipal taxes and also to a mortgage to the Andover Savings Bank, which the grantees hereby assume and agree to pay. t rn sod seal this»eights .. .def of.. �tobg 311ttares.•.... '»band _ ........................................».. fdrnArd' ."MdV41iraniL.......... ' ( . ........... •...»»...•..•.•.............»•........»•......».......I....»....... M..r»w.»..»».»............... .»»w••••»wm.n�.»».Mi.«..•».» .».....».»»....»............................................•.»»...» ,..n»»..»...,. ........... £..p _ � �mnntammttsltt� et !!� } _ . Essex, .. IL 18, 19 74 the &bore aimed Bernard P. McParland �,,.....�; peisorully appeared l f f f free ut snd dad,bEfoctr4e w� t and ock ledged the fctegolcg instrument to be his / Thomas 8..Collins »_. KrCmm1m1t1rnas.add Novemtig . ..,}p:T9. VI �_L'flat::.�J.:L•a•t....u.•.L•+lL•A'1,1•LI�J-1:a•1•a•t..t..a,i• t Recorded Oot.18,1974 at Ili 50A11 X8097 ,;.y (Click here and type address] facsimile transmittal To: Atty. Timothy Houten Fax: 774-2077 From: Susan Ford,Health Inspector Date: 02/10/00 Re: 19 Second Street Pages: 3 CC: ❑ Urgent X For Review ❑ Please Comment ❑ Please Reply ❑ Please RDcycle I am forwarding the estimates provided to me by Mrs. Thornton on 2/10/00. Please contact me if you have any additional information or pending actions. Thank you. . . . . . . . . . . . . . . . . . . . . . . .