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HomeMy WebLinkAboutMiscellaneous - 25 SAUNDERS STREET 4/30/2018N Ln C Z Z v m M CA y -I TOWN OF NORTH ANDOVER of Na DTN qti Office of COMMUNITY DEVELOPMENT AND SERVICES HEALTH DEPARTMENT 27 CHARLES STREET y QOpnre° ^°♦`�xj NORTH ANDOVER, MASSACHUSETTS 01.845 �S$ACNUSES 978.688.9540 - Phone Susan Sawyer, REHS/RS 978.688.9542 - FAX Public Health Director heal thdept@town ofnorthandover.corn www.townofnorthaiidover.coni Mob Ta From: let., Fax: 14517 Phone: Pages: M ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Please contact the Health Department at the above numbers for further assistance. HP Fax K1220xi Last 30 Transactions Log for NORTH ANDOVER 9786889542 May 12 2004 3:17pm Date Time Tune Identification Duration &Zes Result May 11 11:05am Received 9783276544 0:55 4 OK May 11 11:09am Fax Sent 819782820012 1:34 2 OK May 11 11:14am Fax Sent 819784590368 2:20 10 OK May 11 11:19am Fax Sent 89786822747 3:15 9 OK May 11 11:25am Fax Sent 89786860318 0:34 2 OK May 11 1:21pm Received 1:39 5 OK May 11 1:56pm Fax Sent 819786257080 1:01 2 OK May 11 2:09pm Fax Sent 89786889556 0:47 1 OK May 11 2:21pm Fax Sent 819786889556 1:31 2 OK May 11 3:38pm Fax Sent 89789752181 1:40 2 OK May 11 3:40pm Received 9783276563 0:31 2 OK May 11 3:42pm Fax Sent 819785328410 0:59 2 OK May 11 3:44pm Fax Sent 819783411797 0:59 2 OK May 11 4:OOpm Received 508'650 5472 0:48 1 OK May 11 5:03pm Received 0:24 1 OK May 12 9:33am Received 978 794 0107 1:30 2 OK May 12 9:37am Received 0:34 1 OK May 12 10:16am Fax Sent 816176273987 1:09 4 OK May 12 10:23am Fax Sent 818663894400 0:12 1 OK May 12 10:24am Fax Sent 818663894400 0:18 1 OK May 12 10:25am Fax Sent 819784091269 3:18 7 OK May 12 11:12am Fax Sent 819787943537 0:35 1 OK May 12 12:25pm Fax Sent 89786886946 0:45 2 OK May 12 1:02pm Received 0:38 0 No fax May 12 1:28pm Fax Sent 819782513608 1:05 3 OK May 12 1:5.1pm ,Received 0:53 2 OK May 12 2:07pm ,deceived 0:39 0 No fax May 12 2:36,pm `,Received 9786851099 0:36 1 OK May 12 2:40pm Fax Sent 89783738062 1:40 2 OK TOWN OF NORTH ANDOVER °E No o* H1� Office of COMMUNITY DEVELOPMENT AND SERVICES 3? •'>° ° '• HEALTH DEPARTMENT 27 CHARLES STREET NORTH ANDOVER, MASSACHUSETTS 01845 �'ss;Cs Susan Y. Sawyer, REHS/RS Public Health Director May 11, 2004 Law Office of John S. Wessler Attn: Marisol Leiva, Paralegal 375 Common Street Lawrence, MA 01840 Dear Ms. Leiva: 978.688.9540 — Phone 978.688.9542 — FAX healthdept@townofnorthandover.com www.townofnorthandover.com Mail & Fax: 978.688.6946 RE: 25R Saunders Street — Martin and Karen Fioretti, Plaintiffs vs. John Willis, Individually and as Trustee of Pleasant Street Realty, Defendant In lieu of signing an affidavit as you requested, I have enclosed the original "True and Attested" copies stamped by Joyce Bradshaw, Town Clerk with regard to your Housing Court Documents related to 25R Saunders Street in North Andover. As you can probably understand, I am hesitant to sign an "Affidavit of Records" form with a statement that "I hereby swear under the penalties of perjury" which just refers to attachments in items 2 and 3. 1 would have no way of knowing what documents would be attached. I trust that the enclosed documents and this letter will be sufficient for your court date on May 17s'. Sincerely S Y. Sawyer,YS1=7S, Public Health Director NORTH ANDOVER HEALTH DEPARTMENT 120 Main Street • North Andover, MA 01845 Telephone (508) 682-6483, Ext. 32 Housing Inspection Report COMPLAINT # COMPLAINANT ADDRESS OF PREMISES 2 OCCUPANT 3 -7 �� �.% �S Y'!e;.-s z, -f OWNER OWNER'S ADDRESS DATE OF INSPECTIO HOUR /Z,4QZD I:/3 rO -7 -r--- - P; r .- 01 ROOMS/VIOLATION: r r yr INSPECTOR Form #HIR -1 Action Press 885.7000 Town of North AndovE_ ,�ORTN OFFICE OF 3�oy t,'.o .e �tiOL COMMUNITY DEVELOPMENT AND SERVICES ° p 27 Charles Street.;,01 North Andover, Massachusetts 0 ] 845 .9 `041". WII.LIAM J. SCOTT North Director (978)688-9531 Fax(978)688-9542 ORDER TO CORRECT VIOLATIONS) DATE: Dec. 15, 2000 Pleasant St. Trust, Atty. Marybeth McGinnis, Exec 807 Tur,,pike Street North Andover, MA 01845 Owner or agent of the property located at 25 R Saunders St., North Andover, MA 01845 Be advised that an agent of the Board of Health has determined certain portions of this residential property to be in violation of the State Sanitary Code, 105 Code of Massachusetts Regulations (CMR) 410.7500. 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. If you already have a Letter of Compliance, contact this agency and the state Department of Public Health Childhood Lead Poisoning Prevention Program (DPH/CLPPP), at 1(800) 532-9571, immediately. Be prepared to forward your paperwork, including Letter of Compliance, and all lead inspection and reinspection reports to this agency and DPH/CLPPP. In most cases, the law gives you a 30 - day maintenance period to repair violations after a Letter of Compliance exists, but if so, that time begins to run with your receipt of this Order. 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 Massachusetts Department of Public Health Childhood Lead Poisoning Prevention Program and the Board of Health declare that the presence of this violation of the Lead Law and the Regulations for Lead Poisoning Prevention and Control constitutes an BHOTCDET.DOC 1/2000 emergency pursuant to th1 ad Law, MGL chapter 111, section 1 end within the meaning of the Sanitary Code, 105 CMR 400.200(B). CORRECTION OF LEAD VIOLATIONS) The Lead Law, MGL c. 111, § § 189A -199B, and the Department of Public Health's Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000, require the owner of a residential premises or dwelling unit built before 1978 in which a child under the age of six lives have lead paint violations either abated and contained (referred to as "deleading") for full compliance or brought under interim control. If you are interested in interim control, then you must hire a licensed private risk assessor to perform a risk assessment and issue a lead inspection/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 Report before you proceed. The Lead Law, the Department of Labor and Workforce Development's Deleading Regulations, 454 CMR 22.00, as well as the Regulations for Lead Poisoning Prevention and Control require that residential deleading work be done by appropriately trained and authorized people. Any high-risk deleading activities — primarily stripping and scraping lead paint to bare substrate — must be performed by licensed deleading contractors. Moderate -risk deleading work — removing windows and all residential surfaces with the exception of walls and ceilings, as well as making intact small areas of deteriorated lead paint — may be performed by an owner or owner's agent after taking the course of instruction and meeting the requirements of 105 CMR 460.175, or licensed lead -safe renovation contractors. Low-risk deleading — mainly applying coverings, such as carpet, vinyl, Sheetrock, aluminum, plywood, Plexiglas and acrylic, to surfaces, applying encapsulants and removing doors — may be performed by owners and owners' agents who meet the requirements of 105 CMR 460.175. These rules on who is authorized to perform what kind of deleading work apply whether the work is being done for full compliance or for interim control. An owner or owner's agent may also make structural repairs, as defined in 105 CMR 460.020, and clean leaded dust, as may be required for interim control. You are hereby ordered to remedy all violations of MGL c. 111, §197 and 105 CMR 460.000, as identified by a licensed private lead inspector. 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 or copies of 1) the Lead Inspection/Risk Assessment report of the licensed private lead inspector or risk assessor, and 2) a signed contract or contracts with people authorized to perform the risk level or levels of deleading work involved (referred to as "authorized persons"). If you or your agent will be doing moderate -risk or low-risk deleading work, you must also provide within sixty (60) days a copy of your or your agent's certificate of BHOTCDET.DOC 1/2000 instruction. Any cont or contracts must specify, and if you your agent will be performing work, then you or your agent must attest in writing, that the work will be completed according to the following schedule: (a) Within ninety (90) days of your receipt of this Order: Abatement of interior dwelling unit violations must be completed. In addition, any interior doors that were abated must be in place, any surface preparation necessary for encapsulation must be completed and any interior dwelling unit surfaces that contained loose lead-based paint at the initial inspection and were covered as a low-risk activity while still loose must be completely covered. Finally, any such work must be documented by a private lead inspector, or for interim control a private risk assessor, to have been satisfactorily completed within this timeline. (b) Within 120 days of your receipt of this Order: Any interior common area and exterior deleading work, and any remaining interior dwelling unit low-risk deleading work or interim control work must be completed. Any such work must be documented by a private lead inspector, or for interim control a private risk assessor, to have been satisfactorily completed within this timeline. Dust sample results and reinspection report(s) issued by the licensed private lead inspector or risk assessor must be submitted to this agency, along with the compliance document. Any contract with an authorized person must specify, and if you or your agent will be performing deleading work without a contract, you are responsible for making sure, that the unit meets acceptable lead dust levels under 105 CMR 460.170, as determined by the results of sampling done by the licensed private lead inspector or risk assessor. Should any of the dust samples fail to meet acceptable standards, the last authorized person who performed high- or moderate -risk work will be required to reclean the entire unit until all dust samples meet acceptable levels, unless dust samples fail three times, in which case a licensed deleader will be required to reclean the entire unit until all dust samples meet acceptable levels. In the event that no high- or moderate -risk deleading work occurred, the authorized person who performed low-risk deleading work will be required to reclean the entire unit until all dust samples meet acceptable levels, again, subject to the same condition stated above in the event dust samples fail three times. PROSECUTION AND CIVIL PUNITIVE DAMAGES Failure to comply with any of the deadlines set out above will require this agency to initiate criminal or civil proceedings against you within seven (7) business days. Compliance with this Order will be determined by this agency's receipt of the appropriate documents within the specified deadlines. The documents consist of the following: a) the initial Lead Inspection/Risk Assessment report of the licensed private lead inspector or risk assessor, and, if any deleading work is necessary, a copy or copies of a signed and dated contract or contracts with authorized persons; b) if you or your agent will be doing moderate- or low-risk deleading work, a copy of your or your agent's certificate of instruction, and if you or your agent will be doing such BHOTCDET.DOC 1/2000 A. - work or structur -.pairs and lead -dust cleaning for inter control, a signed written statement attesting that the work will be completed in accordance with the required timelines; c) a Letter of Lead Paint (Re)occupancy (Re)inspection Certification issued by a licensed private lead inspector or risk assessor, in cases in high- or moderate -risk deleading work occurred, requiring occupants to be relocated 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 assessor, and copies of all reinspection report(s) issued by a licensed private lead inspector or licensed private risk assessor; e) a Letter of Full Deleading Compliance issued by a licensed private lead inspector or a Letter of Interim Control issued by a licensed private risk assessor. In addition, you must make sure this agency receives a copy of the deleading notification(s) at least ten (10) days before the start of any deleading, no matter who is performing the work, whether it is for full compliance or interim control. The law provides penalties of up to $500 for each day of noncompliance. In addition, you may become liable for civil punitive damages equal to three times any actual damages for failure to comply with this order if a child becomes poisoned. CORRECTION OF VIOLATION BY CODE ENFORCEMENT AGENCY If within the time periods stipulated above this residential property is not brought into full compliance or interim control, this agency may contract with an authorized person or authorized persons to correct the violation(s) and obtain a Letter of Full Deleading Compliance or a Letter of Interim Control, and bill the owner, or initiate court action to reimburse itself. RIGHT TO A HEARING You may request a hearing pursuant to 105 CMR 460.900 of the Regulations for Lead Poisoning Prevention and Control, in conjunction with the procedures of 105 CMR 400.200(B), the Sanitary Code provision for hearings in emergency public health matters. As already noted, 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 seven days after the hearing. inspector Telephone (978) 688-9540 BHOTCDET.DOC 1/2000 Director Certified Mail No. 2 370 627 477 WILLIAM J. SCOTT Director (978)688-9531 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 LEAD DETERMINATION REPORT FORM 0 Fax(978)688-9542 Date of Determination: % 2 - :Inspector -'Inspector. License #: 3 z i, �f Method Used: Sodium Sulfide Expiration date: % _ ,� a Z) 0 i X -Ray Fluorescence Model: Serial #• PropertyAddress: Z-< �� ' �a �. �- s S �-- Apt. #�_ Description of Property: Single family ✓ Multi -family # units Garage Fence Other structures Age of Property: i Pro -1978 Post -1978 Occupant: Occupants under six year of age: ` DOB: / � 3 /`, cr DOB: DOB: Occupant's Telephone: 4 Q y— b 9 k"; Property Owner(s): Pf� ,, -t-- 5*. . "7�ru s7'- � 41 � ,=- k P laic l,- �= 'x� i Owner's Address: ,PE) 7 7Z, A, i,- . < r . Owner's Lead Hazards found? Yes /� No An X-ray fluorescence reading greater 'than 1.2 mg/cm2 or a gray or black reaction to sodium sulfide indicates a dangerous level of lead and constitutes a positive determination. Deleading should not be undertaken based on this report. A licensed lead inspector must do a full inspection in order for you to qualify for a Compliance Letter. Deleading of lead painted surfaces must be performed by an appropriately authorized person, including a licensed deleading contractor, a licensed lead -safe renovator, and an owner/agent who is trained to perform specific work as required under the Lead Law. Contact the Childhood Lead Poisoning Prevention Program for additional information regarding deleading and training. Drive?" Determination Report form without letterheadAw rev IM iH Drive'!! Determination Report form without letterhead rev IM F 'ATION URCE Pb 1. Child's bedroom Window parting bead/exterior sill area 2. Child's bedroom Window sill 3. Living room Window parting bead/exterior sill area 4. Kitchen Window parting bead/exterior sill area S. Interior Flaking paint 6. Exterior Flaking paint 7.. Exterior Cellar window units S. Exterior Window sills below 5' 9. Exterior Main entry door casing 10. Interior Outside corner of baseboard 11. Kitchen or Bathroom Chair rail 12. Bathroom Window sill 13. Exterior Threshold 14. Interior hallway (common area) Stair tread or stringer 15. Interior hallway (common area) Balusters 16. Interior hallway (common area) Door casing 17. Porch Stair tread or riser 18. Porch Railing cap 1.9.. Porch Balusters 20. Porch Support columns(<6" diameter or square) 21. Porch Staircase stringer 22. Exterior Bulkhead 23. Garage/Outbuilding�Wr casin° r jamb �! 7 24. Interior baseboard (uncapped) 25. Interior Cabinet door, shelf, or wall Drive'!! Determination Report form without letterhead rev IM WILLIAM J. SCOTT Director (978)688-9531 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 DISCLAIMER CONCERNING LEAD DETERMINATION REPORT to Fax(978)688-9542 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's law requires that: A licensed deleader must do all high risk deleading, such as scraping or the use of caustics. Property owners, their unlicensed agents, and licensed lead -safe renovators may do some deleading activities without a deleader's Iicense. Before they do so, though, owners, their agents, and lead -safe renovators must become trained and receive authorization to perform these activities. Owners and their agents should contact the Childhood Lead Poisoning Prevention Program for more information on the specific activities they may perform and on how to become trained and authorized to perform these deleading activities. Lead -safe renovators are licensed by the Department of Labor and Workforce Development and should contact them for training and authorization requirements. 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 Workforce Development (454 Code of Massachusetts Regulations 22.11), including sealing off the work area from adjacent areas, and performing a thorough 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. DriveMDetermination DiscWwer without letterhead.doe rev IM The process of removing or covering lead paint hazards, commonly called deleading, can be dangerous if it is not done properly. That's why 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) have rules for how deleading is done in homes and apartments. These rules say who can do the work, safety steps that have to be taken while the work is done, how to clean up after the work and how the work is finally approved. These rules are enforced by the Department of Public Health's Childhood Lead Poisoning Prevention Program (CLPPP), the Department of Labor and Workforce Development (DLWD) and local boards of health. Who can do deleading work Under these laws, only a licensed deleading contractor can do high-risk work, such as scraping or stripping lead paint, repairing more than a small amount of chipping or peeling lead paint so it can be repainted, and demolishing lead -painted building parts. Besides deleaders, property owners and their agents who take a one -day course can do moderate -risk deleading work, such as removing windows, woodwork, and just about any surface of a house, as well as repairing small amounts of chipping and peeling lead paint so it can be repainted. Lead -safe renovators trained and licensed by DLWD may also be hired to do moderate -risk deleading work. Finally, low-risk deleading work can be done by all the people who can do high- or moderate - risk deleading work, and also owners and their agents, including contractors, who just complete the CLPPP low-risk booklet (and/or encapsulant booklet). Low-risk deleading means covering surfaces, applying encapsulants, capping baseboards, removing doors, cabinet doors and shutters, and applying exterior siding. Property owners and their agents may also do structural repairs and lead -dust cleaning for interim control. Staying out of the home or parts of the home during deleading To protect the people who live in the home or apartment being deleaded, the law also has rules about making sure they stay out of the home or apartment, or the area being worked on, in these ways: • All people and pets have to be temporarily moved from the home or apartment for the whole time that high- or moderate -risk deleading work is taking place inside the home or apartment. The owner has to provide residents with a reasonable alternative place to live for C.\WPSo\LEADI"S\GENERAL\GENERALDOC\ADVLSORY.DOC 112000 *Fhe Commonwealth of lRassachusetts MOM Executive Office of Health and Human Services WNW IV Department of Public Health Childhood Lead Poisoning Prevention Program ARGEOPAUL CEILIJCCI 470 Atlantic Avenue, Second Floor GOVERNOR Boston, MA 02210-2208 �>M: UEMENANTGOVEwwR (617) 753-84001800-532-9571 WIt1'Am D. O%ZARY DECREMM MOWMO K. KOM. Mo. Y►M COMMIM0MER RESIDENTIAL DELEADING ADVISORY The process of removing or covering lead paint hazards, commonly called deleading, can be dangerous if it is not done properly. That's why 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) have rules for how deleading is done in homes and apartments. These rules say who can do the work, safety steps that have to be taken while the work is done, how to clean up after the work and how the work is finally approved. These rules are enforced by the Department of Public Health's Childhood Lead Poisoning Prevention Program (CLPPP), the Department of Labor and Workforce Development (DLWD) and local boards of health. Who can do deleading work Under these laws, only a licensed deleading contractor can do high-risk work, such as scraping or stripping lead paint, repairing more than a small amount of chipping or peeling lead paint so it can be repainted, and demolishing lead -painted building parts. Besides deleaders, property owners and their agents who take a one -day course can do moderate -risk deleading work, such as removing windows, woodwork, and just about any surface of a house, as well as repairing small amounts of chipping and peeling lead paint so it can be repainted. Lead -safe renovators trained and licensed by DLWD may also be hired to do moderate -risk deleading work. Finally, low-risk deleading work can be done by all the people who can do high- or moderate - risk deleading work, and also owners and their agents, including contractors, who just complete the CLPPP low-risk booklet (and/or encapsulant booklet). Low-risk deleading means covering surfaces, applying encapsulants, capping baseboards, removing doors, cabinet doors and shutters, and applying exterior siding. Property owners and their agents may also do structural repairs and lead -dust cleaning for interim control. Staying out of the home or parts of the home during deleading To protect the people who live in the home or apartment being deleaded, the law also has rules about making sure they stay out of the home or apartment, or the area being worked on, in these ways: • All people and pets have to be temporarily moved from the home or apartment for the whole time that high- or moderate -risk deleading work is taking place inside the home or apartment. The owner has to provide residents with a reasonable alternative place to live for C.\WPSo\LEADI"S\GENERAL\GENERALDOC\ADVLSORY.DOC 112000 this time. Property owl and residents should refer to the CLP aocument, "Notice to Property Owners and Tenants: Tenants' Rights, Responsibilities, and Remedies" for more information on alternative housing during deleading. • People and pets have to stay out of the work area while most low-risk deleading work, structural repairs or cleaning of lead dust, is taking place. They also have to stay out of the work area when deleading work of any kind is taking place in common areas outside the home or apartment, as long as they have another regular way (not a fire escape) to go in and out of the building. In these cases, people and pets can use the area once cleanup is completed after all the work in the area is done. • People and pets have to stay out of the home or apartment for the day while coverings are put over a surface with peeling, chipping or cracking lead paint or plaster, and during .-applying of encapsulants with an airless sprayer. They also have to stay out for the day during deleading of common areas when they do not have another regular way (not a fire escape) to go in and out of the building. When people and pets are out of their home or apartment for the day, it means they can come back to the home or apartment after cleanup at the end of the workday, and don't have to be out overnight. It is very important that people whose home or apartment is being deleaded think carefully about what they will need during the time they are away from home, and take it with them. No one can return to a home or apartment while deleading that requires them to be out is still taking place, and has not been properly cleaned up. Property owners and residents must take deleading safety rules seriously and cooperate fully to make sure everyone is protected. No one should interfere with the work being done safely. Getting ready for deleading to begin People who live in a home or apartment in which any kind of deleading work is going to be taking place have to get written notice at least 10 days before the start of this work. This applies also to other residents of a building, if any deleading work will take place in common areas. Before deleading work begins, all household possessions of every type should be removed or stored in plastic bags in non -work areas. Closets and cabinets to be deleaded must be emptied. As a last resort, large furniture and belongings not removed from the work area should be put in plastic bags and left in the center of the room, where they will be covered with heavy plastic by the person doing the deleading. The reason for this is to protect everything in the home or apartment from lead dust contamination. Belongings must also be protected before an owner or agent performs low-risk deleading work, or other work that may be required for interim control, but the precautions are not as extensive for this type of work. In general, it is recommended that furniture and belongings be moved outside the work area, or covered with thick plastic and sealed with duct tape, before low-risk deleading begins. Cleanup after deleading and returning home A final cleanup will be done at least two hours after all the interior high- or moderate -risk deleading work is done. This delay is to make sure that fine lead dust will settle out of the air and be removed in the final cleanup. People and pets who were temporarily moved to alternative housing can return only after a lead inspector or risk assessor says that the home is safe. The inspector decides this after doing a reoccupancy reinspection, which includes an analysis of lead dust levels within the home. Residents should leave a phone number where they can be reached C:\WP50USAD1995\GENERAL\GENERALDOC%ADVISORY.DOC Ir2W 2 so that the inspector or risk assessor can call them and let them know when it is safe to return home. If the property owner or agent is going to be doing low-risk deleading work or other work for interim control after the residents return home, they will be taking some safety steps for this, as described in the CLPPP low-risk booklet. They will also be doing a cleanup when they are done with the low-risk work. An inspector or risk assessor will return at the completion of all the work and do a reinspection to check the owner's or agent's work. Temporary ways to protect children from lead poisoning Children exposed to lead paint hazards are at risk of becoming lead poisoned. This disease can affect every part of a young child's developing body, and in particular, can seriously and permanently hurt the brain, kidneys and nervous system. Even at lower levels of exposure, lead can cause children to have learning and behavioral problems. The best and only permanent way to protect children from lead poisoning is deleading. But even before that process begins, there are some important steps that can be taken to protect young children from lead poisoning. Your lead inspector's or risk assessor's advice should be carefully followed because he or she knows your child's home. As part of their normal behavior, young children place things in their mouths, especially toys and their own fingers. If there are lead paint chips and dust in your home, they may be picked up by your child's fingers, as well as by toys, foods and pacifiers that fall on the floor, and end up in your child's mouth. It is especially important to wash your child's toys and to keep your child's hands clean, particularly before meals and at bedtime. Areas of peeling or chipping lead paint and dust should be cleaned. Wet wiping with paper towels and a general household detergent is best. Do not use your household vacuum cleaner: to clean up paint chips, because this will only send fine lead dust into the air. Windows, windowsills and the floors under windows in particular are often areas from which children can get exposed to lead. 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. ('Phis also protects your child from accidentally falling from the window.) Contact paper may be applied to areas of peeling paint on windowsills, walls or other surfaces as a temporary measure. Sometimes furniture can be moved to block children from 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 is deleaded. Lead paint can also get into soil. If the outside of your home has chipping or peeling paint, do not let your child play in the soil closest to the house. Be careful to wipe your shoes off on a mat before walking into your house, so you don't track in soil from these areas. Follow the advice of your lead inspector or risk assessor about soil on the property. For more information about how the deleading process works, and how to protect your children from lead poisoning, call the toll-free CLPPP information line, at 1(800) 532-9571.. C:\WPSOU.EAD1995\GENERAL\GENERALDOCUDVISORY.DOC 1R2M 3 Lead paint violations under the Lead Law and the state Sanitary Code have been found in the home or apartment listed in the attached documents. These violations may be a danger to the health of the people living in the home or apartment. Children younger than six years old are at the most risk of being lead poisoned. Lead can damage a child's growing brain and other parts of the body. Even small amounts of lead can harm a child The owner of this home or apartment is responsible for removing or covering the lead violations. (This is called deleading.) Legal Rights and Responsibilities For these lead violations to be deleaded as quickly and safely as possible, it helps if both the owner and the tenant cooperate with each other. It is important that tenants and owners know their rights under state law. Because the laws are not simple, tenants may need to get legal help and/or legal advice before trying to use the rights found below. (1) Temporary Housing. (Massachusetts General Laws chapter 111, section 197) Tenants and their pets must be temporarily moved out of the home or apartment for the whole time that high-risk or moderate -risk deleading work is taking place inside the home or apartment. They cannot return until that work is done, the unit is cleaned up and a licensed lead inspector finds that the home or apartment is safe. The owner and tenants have to agree: on a plan for temporary housing. If the tenants choose to move in with family or friends they do not have to pay rent to their landlord while they are out of their home. If they do not so choose, the owner finds the temporary housing and offers it to the tenant. The Law requires that owners pay any charges for the temporary housing the owner offers, and that tenants continue to pay their full normal rent during the time they live in the temporary housing. The temporary housing must be one that "does not cause undue economic or personal hardship to the tenant." If the temporary housing chosen by the owner would not cause a hardship, and the tenant still refuses to accept it, then the tenant has to find and arrange for his or her own temporary housing during deleading. In this case, the tenant doesn't have to pay rent for the days he or she is not at home, but has to pay the cost of the temporary housing he or she has C:IWPSOUXAD1MGENERAL%GENERALDOQCLPP95 1x2000 1 he Commonwealth of Assachusetts ism kiv Executive Office of Health and Human Services Department of Public Health Childhood Lead Poisoning Prevention Program 470 Atlantic Avenue, Second Floor AROEOPAUL CELLUCCI GOVERNOR Boston, MA 02210-2208 uEu wurrGOVERMOR (617) 753-8400 / 800-532-9571 WILLUM D. O%EARY SECRETARY HOWARD K. KOH. NO, MPH COMMISSIONER NOTICE TO PROPERTY OWNERS AND TENANTS: TENANT'S RIGHTS AND RESPONSIBILITIES Viofations Lead paint violations under the Lead Law and the state Sanitary Code have been found in the home or apartment listed in the attached documents. These violations may be a danger to the health of the people living in the home or apartment. Children younger than six years old are at the most risk of being lead poisoned. Lead can damage a child's growing brain and other parts of the body. Even small amounts of lead can harm a child The owner of this home or apartment is responsible for removing or covering the lead violations. (This is called deleading.) Legal Rights and Responsibilities For these lead violations to be deleaded as quickly and safely as possible, it helps if both the owner and the tenant cooperate with each other. It is important that tenants and owners know their rights under state law. Because the laws are not simple, tenants may need to get legal help and/or legal advice before trying to use the rights found below. (1) Temporary Housing. (Massachusetts General Laws chapter 111, section 197) Tenants and their pets must be temporarily moved out of the home or apartment for the whole time that high-risk or moderate -risk deleading work is taking place inside the home or apartment. They cannot return until that work is done, the unit is cleaned up and a licensed lead inspector finds that the home or apartment is safe. The owner and tenants have to agree: on a plan for temporary housing. If the tenants choose to move in with family or friends they do not have to pay rent to their landlord while they are out of their home. If they do not so choose, the owner finds the temporary housing and offers it to the tenant. The Law requires that owners pay any charges for the temporary housing the owner offers, and that tenants continue to pay their full normal rent during the time they live in the temporary housing. The temporary housing must be one that "does not cause undue economic or personal hardship to the tenant." If the temporary housing chosen by the owner would not cause a hardship, and the tenant still refuses to accept it, then the tenant has to find and arrange for his or her own temporary housing during deleading. In this case, the tenant doesn't have to pay rent for the days he or she is not at home, but has to pay the cost of the temporary housing he or she has C:IWPSOUXAD1MGENERAL%GENERALDOQCLPP95 1x2000 1 chosen. In this case owner has to pay the tenant any amo by which the cost of the temporary housing chosen by the owner is more than the r..nt for that period. No matter.where the tenant stays, the owner must pay reasonable moving costs. Tenants are advised to get legal help if they can not agree with the owner on a plan. (2) Protection from Retaliatory Rent Increase or Eviction. A property owner may not evict a tenant, or increase the rent or refuse to renew the lease of a tenant in retaliation (getting even) for the tenant reporting a suspected lead paint violation to a code enforcement agency such as the local board of health. If the rent is increased or the tenants are evicted or their lease is not renewed within six months after the tenants made the complaint, a court can automatically find that the owner took this action in retaliation unless the owner can show clear evidence that he or she had other reasons, unrelated to the tenants' complaint about violations. An eviction based on not paying the rent is not retaliatory. Property owners who are found to have threatened or taken actions against tenants for exercising rights under the Lead Law are liable for damages under M.G.L. c. 186, s.18 and M.G.L. c. 93A. A tenant who believes that he or she has been retaliated against by the owner because of lead violations may also file a complaint with the Massachusetts Commission Against Discrimination. (3) Rent Withholding. (Massachusetts General Laws chapter 239, section 8A) Tenants have a basic obligation to pay rent for their home or apartment to the owner. But, if lead violations are not being deleaded, tenants may have a right to hold back their rent payments. Tenants may take this step only if they were up to date in their rent at the time the owner was notified of the lead paint violations, and they did not begin withholding until this point. Owners have the right to go to court to evict tenants for not paying rent. To fully protect themselves against attempted evictions, tenants withholding rent for Lead Law violations may need to place withheld rent money in an escrow (separate savings) account, or may be ordered to do so by the court. If these conditions are met, tenants may not be evicted for not paying rent or for any other violation that is not the tenants' fault. Owners have the right to enter the tenants' home or apartment, if possible by appointment, but in any case in emergencies, to inspect for lead violations and to have them repaired. Tenants have a responsibility to cooperate with owners and allow all necessary access to their home or apartment for repairs. Tenants who do not cooperate with this right of entry may be subject to eviction. If rent was withheld, the court may order that all or part of the withheld rent be paid to the owner after the violations are deleaded. (4) Abatement of Rent or Damages. Even when the rent withholding statute does not apply, tenants may be able to have their rent reduced or get back rent they have already paid, if their home or apartment has Lead Law violations. The landlord always has a duty to provide housing that meets basic housing standards. A tenant can bring a court action for breach of this "implied warranty". (5) "Rent Receivership". (Massachusetts General Laws, chapter 111, sections 127C -127n This law allows tenants, the state Childhood Lead Poisoning Prevention Program or the local board of health to ask the court to find that Lead Law violations exist, and to allow C:\WPSO\LEAD1995\GENERAL\GENERALDOC\CLPP95 MAN 2 N rent to be paid into cuun rather than to the owner, to pay for necessary repairs. (6) Owner Liability: Compensatory and Punitive Damages. (Massachusetts General Laws chapter 111, section 199) The owner of a home or apartment built before 1978 is liable for damages to a child under age six who becomes lead poisoned as a result of the owner's failure to comply with the Lead Law and regulations. The owner of such home or apartment who is notified through an Order to Correct Violations or Order to Restore Interim Control Measures of lead violations, and who willfully fails to correct the violations, in accordance with the Lead Law and Regulations, is also subject to punitive damages, which are triple the actual damages found. 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. Repainting Violations of the Lead Law are also violations of the state Sanitary Code. Surfaces from which lead paint or other coatings have been removed have to be repainted under 105 CMR 410.021 of the state Sanitary Code. Deleaded surfaces have to be sealed and made easy to clean. Deleaded surfaces can only be repainted after the surfaces have been reinspected while bare and approved by a licensed lead inspector. Tenants may want to contact the owner if the required repainting is not done. If the owner does not respond, tenants should call the local board of health. C:\WPSO\LEADI"SkGENERAL\GENERALDOCICLPP" 1!2000 3 Town of North Andover Office of the Building Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street D. Robert Nicetta North. Andover, Massachusetts 07.845 Building Coninussioncr Pleasant Street Trust Atty. Marybeth McGinnis, Executer 807 Turnpike Street North Andover, MA 01845 December 14, 2000 Dear Atty. McGinnis: Telephone (978) 688-9545 Fax (978) 688-9542 It appearing upon an inspection on December 7, 2000 at the property located at 23 — 25 Saunders Street in the Town of North Andover it was observed that the second floor front and rear apartments are without a second means of egress. This is in violation of the MA State Building Code Chapter 10 section 1006.2.1 which states "... Means of egress from dwelling units, rooming units, guestrooms and dormitory units shall not lead through other such units, or through toilet rooms or bathrooms." This violation must be remedied within 7 days of receipt. Please contact me at (978) 688-9545 between the hours of 8:30 — 10:00 AM and 1:00 — 2:00 PM so that we may begin the process to correct this situation. Respectfully, /1j Michael McGuire Local Building Inspector Certified mail # Z 370 627 425 Cc file D. Robert Nicetta, Building Commissioner Susan Ford, R.S. Health Inspector BOARD OF APPEALS 6n,-9541 ULl TNCT 688-95%15 C:ONSERVATIONI 538-)530 HEALTH 68R 9540 PLAN7NING 68S-9535 Town of North Andover Office of the Health Department Community Development and Services Division Sandra Starr Health Director DATE: May 29, 2001 TO OWNER OF RECORD Pleasant Street Trust William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 LETTER OF COMPLIANCE Atty. Marybeth McGinnis, executer Turnpike Street01845 North Andover, MA 01845 Telephone (978) 688-9540 Fax (978) 688-9542 PROPERTY LOCATION 25R Saunders St North Andover, MA 01845 A Health Department ORDER LETTER dated December 7, 2000 was issued to you as owner of record of the property listed above citing violations of the State Sanitary Code, 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation. Information submitted to the Health Department indicates that the violations on the Order have been corrected. In reference to item #7 of the Order, upon future renting the landlord has chosen to include electricity in the rental agreement rather than repairing the existing cross of circuits between rented units. Since the renter has vacated the unit and the location of the past renter is unknown, a copy of this letter cannot be sent to the person(s) who made the complaint. Please contact the Health Department if you have any questions regarding this correspondence. Sincer ly, ,51 San Y. F , R.S. Health Inspector CC: File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-9535 Town of North Andover Office of the Health Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 Sandra Starr Health Director To Owner of Record: Pleasant Street Trust Atty. Marybeth McGinnis, Executer 807 Turnpike Street North Andover, MA 01845 December 21, 2000 Dear Ms. McGinnis, Telephone (978) 688-9540 Fax(978)688-9542 Property Location: 25R Saunders St North Andover, MA 01845 Please see the attached letter from Gene Willis concerning a request for a hearing for a modification or revocation of the Health Department Order Letter issued to the Pleasant Street Trust on the property listed above. I am forwarding you a copy of this request, as this office has not been formerly notified whether there has been a legal change in ownership. Until this office is notified differently, we will send all correspondence to you as the executer of this trust. As a follow-up to that notice I can now inform you of the next available hearing date. The next regularly scheduled Board of Health meeting will be held on January 25, 2001, at 7:OOPM, in the Department of Public Works building, 384 Osgood Street. Hearing requests, as stated previously, are to allow the landlord the ability to present evidence as to why the Order should be modified. If there are no issues under contention this hearing request should be withdrawn. Thank yo�, an Ford, R.S. Health Inspector Cc:. file Gene Willis Renter, Martin Moretti BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 ?NURSE 688-9543 PLANNING 688-9535 Gene Willis 76 Boston Hill Rd. North Andover Ma. 01845 December 13, 2000 North Andover Health Dept. 27 Charles St. North Andover, Ma. Re: NORTH ANDOVER BOARD OF HEALTH ORDER for 25R Saunders St dated December 7, 2000. Dear Ms Ford: I am hereby requesting a hearing in the above referenced matter. Per the last sentence in your letter, please provide me with copies of the regulations sited in your order. Your attention in this matter is appreciated. � n P. Willis r Street Realty Trust This ioun may be used - _-_........P•r0���•rls�•--tea notifying the U.S. Name -- -- ._....._. DLI Cegilication / vironmenlal Proteclion ency Region I of 7. Project start date d/.l.,�D_16nddate 1/17Alspeci(icworkhours(Mon.-Fri.)7AM--4PM (SaLSun.) beslos demolitioiV wvalion operations bled to NESNAPS (40 8. What type of project is this? (circle one): demolition repair renovation other (explain) '.Subpart M): 9. Describe the asbestos abatement procedures to be used (circle): i4lavebag) enciosuie lull contain i i cleanup encapsulation disposal only other (explain) 10. Is the job being conducted J0 indoors ❑ outdoors ? 11. Total amount of each type of Asbestos Containing Materials (ACM) to be handled on pipes or ducts (linear ft.) 6 or other surfaces (square ft.) _to be removed, enclosed or encapsulated: linear/square feet boiler, breaching, duct, lank surface coatings.. -J thermal, solid core pipe insulation ...... 6 / corrugated or layered paper pipe insulation .. , . _/ insulating cement .................. spray -on fireproofing ..................... _J frowel/sprayer coatings............... cloths, woven fabrics ..:'.................. -J rransile board, wallboard ............. —J other (please describe) .................. . . 12. Describe the decontamination system(s) to be used: Glovebag method 13. Describe the cofitainerization/disposal m�,e�t]h�ods to comply with 310 CMR 7.15 and 453 CMR 6.14(2)(g): --AIA- v—.. a s tc-i i l l h—e akit qnd Pr..� m ,— --to—Y firan4nnrfiPr� 14. For Emergency Asbestos Abatement Operations, the DEP and'DLI officials who evaluated the emergency: Name of DEP Official Title Date ofAuthorization Waiver/ Name of DLI Official Title Date of Authorization Waiver/ 15. Do prevailing wage rates apply as per M.G.L. c.,149, § 26, 27, or 27A - F to this project? u Yes J No Rev. 6/99 ..Res.idezxit a...._................._....._.._............_. 23-25— Saunders Street INSTRUCTIONS Name •�_.:......._... �...................._.............._.................................. Address ................................... _............. _....... ........... ....... _............ --•-�--....._.____ All sections of this loan --••....,Nor.th._.,Wdovo.Ir..,_...._MA_..-..--.„--.-0184 5 978-373-0310 us( be completed in order City/rown ........._ _......................__..................-..........._... Zip code Telephone comply with lhe epartmentol — _ What is W '—�— ----___._,._ ivironmental the wurksilelocalion? building name, wingfloorroom ......... 'otectlon nolificalion :luirements of 310 CMA 2. Is the facility occupied? R. Yes ❑ No 15 (fen working days iornolification is 3, Asbestos Contractor: IAF L quired of any abalemmi NO; and the SenCam Incorporated _ __ _I __.-_�_ -- — 14.5 Marston Street nartment or Labor Name Address id Induslrles a dilicalion tequirements of Lawrence, MA 01841 978-683-7767 .3. CMA 6.12 (len days Cify/Town Zip code Telephone for notification is giriredofANY abafement AC 000129 ........ _......_...... Written Ned greater 01311 three ....................................._......,_.........._...................................:......................................._......................._.._..._ DLI License / ..__._........._..:._..._.._...........,._....._.._..._ _ Contract Type (writleaVerbal) u.Ir or square feet). 4. On -Site Project Supervisor/Foreman: Submil Original Foun �. .............F.e...FJ_aviD_ Nunez AS 31535 ommonwealth of Name, DLI Certification/ fassachtfsetts 5. Project Monitor: sbestos Program :0.Box 1200ti7 Axiom Environmental AM 50925 oston; MA NameDLICerlilication/ .. — 2112-OOf)7 6. Asbestos Analytical Lab: This ioun may be used - _-_........P•r0���•rls�•--tea notifying the U.S. Name -- -- ._....._. DLI Cegilication / vironmenlal Proteclion ency Region I of 7. Project start date d/.l.,�D_16nddate 1/17Alspeci(icworkhours(Mon.-Fri.)7AM--4PM (SaLSun.) beslos demolitioiV wvalion operations bled to NESNAPS (40 8. What type of project is this? (circle one): demolition repair renovation other (explain) '.Subpart M): 9. Describe the asbestos abatement procedures to be used (circle): i4lavebag) enciosuie lull contain i i cleanup encapsulation disposal only other (explain) 10. Is the job being conducted J0 indoors ❑ outdoors ? 11. Total amount of each type of Asbestos Containing Materials (ACM) to be handled on pipes or ducts (linear ft.) 6 or other surfaces (square ft.) _to be removed, enclosed or encapsulated: linear/square feet boiler, breaching, duct, lank surface coatings.. -J thermal, solid core pipe insulation ...... 6 / corrugated or layered paper pipe insulation .. , . _/ insulating cement .................. spray -on fireproofing ..................... _J frowel/sprayer coatings............... cloths, woven fabrics ..:'.................. -J rransile board, wallboard ............. —J other (please describe) .................. . . 12. Describe the decontamination system(s) to be used: Glovebag method 13. Describe the cofitainerization/disposal m�,e�t]h�ods to comply with 310 CMR 7.15 and 453 CMR 6.14(2)(g): --AIA- v—.. a s tc-i i l l h—e akit qnd Pr..� m ,— --to—Y firan4nnrfiPr� 14. For Emergency Asbestos Abatement Operations, the DEP and'DLI officials who evaluated the emergency: Name of DEP Official Title Date ofAuthorization Waiver/ Name of DLI Official Title Date of Authorization Waiver/ 15. Do prevailing wage rates apply as per M.G.L. c.,149, § 26, 27, or 27A - F to this project? u Yes J No Rev. 6/99 tiufe: ,l idld�iBT Stations must comply with the Solid Waste Division regula- tions 310 CMR 18.00 Note: Contractor must sign this form for DLI notification Purposes Uo Facility Description 1. Current or prior use of facility: rPGidential 2. '' is the facility owner -occupied residential with 4 units or less? ±i Yes ❑ No - Facility Owner: Gene Willi _ 23-25— Saunders Street Name Address North Andover, MA 01845 978-373-0310 City/Town Zip code Telephone 4. Facility's Owner's On -Site Manager: Oen -Vi I Iis 23 -25= -•Saunders Street Name Address —�- Na.r.t.h.....:Azo.do-v.e....r....,......- ......._..01.84.5....... •._..... .9.7.8..-373-0310 .............._........I................_. ... p (.ity/Town 'Zip code Telephone 5. General Contractor: N/...A_.__._.................... _..................................... ....... .......: _. Name Address ... _.... _............................. ny/Town . Zip code. Telephone Contractor's Workers Comp. Insurer Policy Exp.Date 6. What is the size of the facility? (sq ft) � (i of floors) Asbestos Transportation and Disposal 1. Transporter of asbestos -containing waste material from site to temporary storage site (if necessary) to final disposal site: SenCam, Incorporated 145 Marston Street ...... Name........................................................................._. ... _ ..................... _ . Address Lawrence. MA 01841 978-683-7767 _.___._._.___. _ _ .__.__-Zip-c,-o-d,*,�,-----*-",-,"-------,-,- ..Tetenh_ie'n"....nne........_._..__..__.....__..._._.._.....___. 2. Transporter of asbestos -containing waste material from removal/- temporary storage site to final disposal site: _ Service Group_Inc. P.O. Box 2132 _ -.. ._...-.._-...�---_-------_._...._....-I.._...._...... _ Name � _ _........._ Address __B.r1s.t.o1...... PA_ ...... 19.OQ7._ .--- R77_3gn_nS o _"_._-_.-..__:._..__....-_-..._....__•_.___. _R....d......... ._/._.._..._l 1.. ../........__ ........................._ . airy%rown Zip code Telephone 3. Refuse transfer station and owner (if applicable): Name Address City/Town Zip code Telephone 4. Final Disposal Site: GreenrOu Reclamation R.D. #1, Box 716 Location Name Owners Name ----' — —' --Landf111 Address -- Scottdale, PA 15683 _724-887-9400 City/Tonn Zip code ----..--.—__. Telephone Is Certification - The undersigned hereby states, under the penalties of perjury, that he/she has read the Coinmonwealth of Massachusetts Regulatioas for the Removal, Containment or Encapsulation of Asbestos, 453 CMR 6.00 and 310 CMR 7.15, and that the information contained in this notification is true and correct to the best of his/her knowledge and belief. ...Patrick J. Sennott — 0y -...._............................................................_. 12-27-00 Print Name ..........._ ........ .................` ......................... Authorized Signature............................................................................... Dale VP Operations SenCam, Inc.Posi. .. 978-683-7767 ............_......._............. ............................................ _........... ................................. ......................................................................................................... Representing Telephone- ........145,.,;Mar Ston Street Lawrence, MA 01841 Address................................................................................................._ ........................................................._s Ciry/TownZip code ....................................................................................... Fee exempt (City, Town, district, municipal housing authority, owner -occupied residential of four units or less) ? R yes no Sticker # (from front of form): EE 7 i1 Department of Public Health - Childhood Lead Poisoning Prevention Program Owner/Agent Deleading Notification Please complete all sections of this form clearly. Incomplete or illegible forms will be returned. Lead Paint Inspector R . 2 /1(3/141 e5 Property Owner Property Owner License 47A / Inspection Date SDC; Authorized person performing work: Address of authorized person Telephone Number 620--6=- Address where the work will be dont: Building Name (if any) Street Address�� ,� 4 City_) Deleading Method(s): ❑ Making paint intact (high risk) ❑ Dipping ❑ Scraping ❑ Demolition ,A Component removal Zip Code �) Zip Code 0 / % y9Lj Lie#/AutliN iQ/3+2 6 -Q/Y7 Pe /- Zip Code 6 /e-',S— Floor ,1r F c�ri� /" Apt No. ,TL— "!" r The property is a multi -family single family. Making paint intact (moderate risk) ❑ Liquid encapsulant ,X Covering X' Capping baseboards ❑ Applying vinyl siding on exterior ❑ Component removal (low risk components) ❑ Other: The work will begin on,, /,V,06nd will finish by ,3/0 6Me work be done in the_( am ,?�pm or "7< weekends. In Case of Emergency Contact_ Daytime Phone S% 9k — 312' ? ,- Evening Phone 9 The Property Owner must complete and sign the following information: I certify that only authorized persons who have complied with the training requirements of the Massachusetts Lead Poisoning Prevention and Control Regulations, 105 CMR 460.000, will conduct deleading work. I further certify that the authorized person(s) will not exceed the scope of his/her authority and will be performing only those activities circled above. All of the information contained in this document is Vue and correct Wtfih6e'bbDst o y knowledge and belief. Date 'JSigned The following people/agencies must be notift'd ten days before beginning work: Irk ' 1. Occupants of the dwelling unit ��� �� p6F " SOF 2. All other occupants of the residential premises, if any 3. Childhood Lead Poisoning Prevention Program, DPH ----Fax (617) 284-8436 56 Roland St., Boston, MA 02129-1235 4. Asbestos and Lead Program, DLWD ---''� 399 Washington St., Boston, MA 02108 Fax (617) 727-7568 6. Local Board of Health/Code Enforcement Agency If the home is on the State Register of Historic Places, call the MA. Historical Commission at (617) 727-8470. 3-1 Gene Willis 76 Boston Hill Rd. DEC 2 0 North Andover Ma. 01845 December 19, 2000 North Andover Health Dept. 27 Charles St. North Andover, Ma. Re: NORTH ANDOVER BOARD OF HEALTH ORDER for 25R Saunders St dated December 7, 2000. Dear Ms Ford: This is just a note to update you on our progress in the above matter. 1) The tenant has been asked to move some personal furniture so that we can re- locate the refrigerator away from the second means of egress. As of 5:00 on Monday December 18, 2000 he had not complied. As soon as he does so we will move the refrigerator and will have direct access to the front stairway. A building permit has been applied for to construct a third means of egress. 2) We have entered a contract with SenCam Inc. of Lawrence to remove the asbestos. They have applied to the state for a permit but advise us it takes at least 14 days before they can start abatement work. 3) The stored items have been removed from the electric panel area. 4) Bay State Gas was at the premises on Monday December 18, 2000 and informed us that they will install a new hot water heater on Tuesday December 19, 2000. 5) A sign with information has been placed in the hall of 25 rear. 6) We have temporarily braced the rear railing and have contracted for new wrought iron railings to be fabricated. 7) R. L. Holmes Environmental of Haverhill has been hired and will be doing a lead paint test Friday December 22, 2000. Sincerely, ne P. Willis easant Street Realty Trust WILLIAM J. SCOTT Director (978)688-9531 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 COMPLAINT FORM DATE: COMPLAINTANT: "�—z-,� ADDRESS:�/� PHONE: COMPLAINT AGAINST. ADDRESS: PHONE: � 4 � ~ u" // 'ED , Fax(978)688-9542 L� sP 1/:1.5 COMPLAINT: t BOARD OF APPEALS 688-95 1 DEN G 8-95 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 - Sent by:G May -21-91 11:11 from 97837239693 Page 1 pEP.AfT1eiENT OF PUBLIC SAFETYISION.OF FIRE PRE�JP�'1�14N 1010 COM"0MWtALT*m'AviNu[. 8039t0N _ N. Adpverla f (0CT Or 0"�7 Cosr CERTIFICATE Of CO.MPLIAVCE CHAPTER M, SECT 1 ONZE1 this Certified that tl7e property located at23-25 Saunders Street ^� hAs been iqui.pped with appr;ived so�oko detsc orb eLbd was found to be in compliance wj,t)-i chapt•c_ 14,0 Section 26c , t!asaachusett;s Gey, e.i• a.l. Law. Inszeet.on/Tossing completed on -5-16-2001 FLe Paid!, 25.00 $y r `.... rnsperySb . 4 Need of Fixe Cepz-rtment lot ice: TlJas certa.Fieers txDires S'X-Y (60) de's after •d.aLe,of issue. (seller' 3 Codes I Town of North Andover Office of the Health Department Community Development and Services Division Sandra Starr Health Director DATE: May 29, 2001 TO OWNER OF RECORD Pleasant Street Trust William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 LETTER OF COMPLIANCE Atty. Marybeth McGinnis, executer Turnpike Street01845 North Andover, MA 01845 Telephone (978) 688-9540 Fax(978)688-9542 PROPERTY LOCATION 25R Saunders St North Andover, MA 41845 A Health Department ORDER LETTER dated December 7, 2000 was issued to you as owner of record of the property listed above citing violations of the State Sanitary Code, 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation. Information submitted to the Health Department indicates that the violations on the Order have been corrected. In reference to item #7 of the Order, upon future renting the landlord has chosen to include electricity in the rental agreement rather than repairing the existing cross of circuits between rented units. Since the renter has vacated the unit and the location of the past renter is unknown, a copy of this letter cannot be sent to the person(s) who made the complaint. Please contact the Health Department if you have any questions regarding this correspondence. Sincer ly, san Y. F , R.S. Health Inspector CC: File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-9535 Sent by:G May -21-91 11:11 from 97837239693 LW ZjWVM)NMMWAL Ito LEAD PAINT 111 IAO�$1'itBB=' ISIS . 20 HAVMILt., Kk v830 Itl��976)C372-3977 LEN'I'N OF FULL D912ADING COMPLiAKCE DATE: '140--2RAWQ 1 Fa9e 2 out located u zi lettrt is to oectiiy that I r♦ Y or Towa of d • e� spartme� no.2 moi` ,and relevant the City and on that date dMG IN&COS dW in fZr full deleadiog coetplionce on y' i'8?.4�/ of - SAA warn fQead %be In flr1! oompliso� wiQh the initial 0° report $e<' op 197, and 105 CM& 460.000: Ragulttioas foe heed Maasacbusetts � L&W14 Chapter 111, Poiaoedus Ptd and Control. Dust samples were taker and found to be within ac�ble itmita. biassachusetts law does not require do abatement or cAntaiameat of so residential led*t.'N residential Vemises or dwelling unit and relevant common areas shall remain it, compliance only as ias►8 as them continues to be no peeling, chipping or Ming lead paint or other accessible leaded matecisis, as long as coverings and/or encapsubants tbraiing an affective barrier over such paint or °dw WOW materials remain in place. and as long as surfaces reversed to e0OW lead bairds remain morsed and swmiy in plaea. The law giants 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) wbo performed deleading oo the PCoperh► and a general summary of the methods used. A complete reinspecdon report is attached to this 19M. which specifies bow and on what date each surface was brought •into compliance. Do not bee these documents. To the best of my knowledge, the cost of the legally required deleadiM is S �fie�r. c,�ar..rsr �ce.pu..n+�wrr1�M.+ead.�« es+► y.. Town of North AndoverIAORTN OFFICE OF ti�0y tt`'o 'e,�0 COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street WILLIAM J. SCOTT North Andover, Massachusetts 01845 �13SACHu5��� Director (978) 688-9531 Fax (978) 688-9542 DATE: December 15, 2000 Pleasant St. Trust, Atty. Marybeth McGinnis,Exe. 807 Turnpike Street North Andover, MA 01845 Dear Atty. McGinnis Susan Ford of the North Andover Health Department did a lead paint determination of the home or apartment you own at 25R Saunders St.-, N. Andoveon December 15, 2000 . This determination found lead paint in violation of the Lead Law, Massachusetts General Laws, chapter 111, section 197, and the Massachusetts Department of Public Health's (DPH's) Lead Poisoning Prevention and Control Regulations, 105 Code of Massachusetts Regulations (CMR) 460.000. These laws require owners of homes or apartments built before 1978 to have lead paint violations deleaded for full compliance or brought under interim control when a child under six years old lives there. A private risk assessor has to do a risk assessment and give you a lead inspectionhisk assessment report before you can go ahead with interim control. A private lead inspector has to do a lead inspection and give you a lead inspection report before you can go ahead with deleading for full compliance. If you already have a Letter of Compliance, contact this agency and the state Childhood Lead Poisoning Prevention Program, at 1(800) 532-9571, immediately. The Order that comes with this letter has important information telling you: • what you have to do • what deadlines to meet • what documents you have to send to this agency • who can do the necessary work • what the penalties are for not meeting the Order's requirements. BHCOV.DOC 1=0 please can me at this office at (9 7 8) 688-9540 as soon as possible to discuss this Order and how to meet it. To help you take the first step — getting a full inspection or risk assessment — a list of lead inspectors is enclosed. We recommend that you check references and check if the inspector is still licensed. You can check on the license by calling the state Department of Public Health's Childhood Lead Poisoning Prevention Program (CLPPP) before hiring an inspector. To get a list of risk assessors for interim control, call CLPPP's central office at 1-800-532-9571. You can also get two other helpful materials from CLPPP. One ii -a guide explaining all the choices for full compliance deleading and interim control. The other has places to call to get money to help with deleading. Again, you can get these by calling CLPPP at the number above. Requirements for Doing Deleading Work Higlr-risk deleading: If you need to or choose to have high-risk deleading work done, such as having lead paint stripped or scraped, you have to hire a deleading contractor. A list of deleading contractors is also enclosed. Just as in the case of inspectors, we recommend you check references and check if the deleader is still licensed. You can check on the license by calling the state Department of Labor and Workforce Development (DLWD) at 1-800-425-0004. Moderate -risk deleading: Before you or your agent can do moderate -risk deleading work, such as removing windows and woodwork, you have to take a course, pass it and get a certificate from CLPPP. These courses are given by 'a number of groups and organizations at various places, times and prices. To find out about when and where the courses are, call CLPPP at 1-800-532- 9571. Remember that you still have to meet the deadlines in the Order. If a course for owners to do moderate -risk deleading is not available at a convenient time or place for you to meet the deadlines of this Order, you won't be able to do moderate -risk deleading work yourself. You then have to use other methods to delead, or hire a licensed lead -safe renovation contractor. To get a list of these contractors, or to check their licenses, call DLWD at 1-800-425-0004. Low-risk deleading: Before you or your agent can do only low-risk deleading work, such as covering surfaces, you have to read the CLPPP low-risk booklet, take a self -corrected exam that you send in to CLPPP, and get a certificate from CLPPP. If you want to encapsulate, you have to first call CLPPP's encapsulant coordinator, who will go over your inspection report with you and discuss surfaces that may be good for encapsulation. You have to read CLPPP's encapsulation booklet, take a self -corrected exam that you send into CLPPP and get a certificate from CLPPP. To get a free copy of the low-risk booklet, or to speak to the CLPPP encapsulant coordinator, call CLPPP at 1-800-532-9571. Interim control work: If you or your agent will be doing other work for interim control, such as structural repairs and cleaning of leaded dust, you have to take safety steps and clean up in the way described in the CLPPP booklet for interim control. To get a copy of this interim control booklet, call CLPPP at the above number. Deleading work has to be carefully done to be safe. To protect the people who live in the home or apartment, you have to keep them out of the home or apartment, or area being worked on, in these ways • All people and pets have to be temporarily moved from the home or apartment for the whole sAcovnoc moon time that high- or moderate -risk deleading work is taking place inside the home or apartment. You have to provide the residents with a reasonable alternative place to live for this period. People and pets who have been temporarily moved from their home or apartment can only come back after a licensed private lead inspector or licensed private risk assessor says it is safe for them to return. The inspector or risk assessor does this after reinspecting the home, including taking dust samples to assure that lead dust levels meet approved standards. This reinspection will be done at least three hours after deleading work is all done. • People and pets have to stay out of the work area while you or your agent does most low-risk deleading work or structural repairs or cleaning of lead dust. They also have to stay out of the work area while there's any deleading work in common areas outside the home or apartment, as long as they have another regular way (not a fire escape) to go in and out of the building. In these cases, people and pets can use the area after cleanup following the end of the work in that area People and pets have to stay out of the home or apartment for the workday while you or your agent put coverings over a surface with peeling, chipping or cracking lead paint or plaster, or ung applying of encapsulants with an airless sprayer. They also have to stay out for the day during delead I g in common areas when they do not have another regular way (not a fire escape) to go in and out of the building. When people and pets are out of their home or apartment for the day, it means they can come back to the home or apartment after cleanup at the end of the workday, and don't have to be out overnight. All work for deleading and interim control has to be neatly and properly done, in a professional way, and the home or apartment has to be returned to a condition that meets the requirements of the State Sanitary Code. Deleaded surfaces can't be repainted until after they have passed reinspection by a licensed private lead inspector or risk assessor. You have to give written notice about common area lead paint violations to all other residents of the building. "Notice to Tenants of Lead Paint Hazards" is enclosed for that purpose. You also have to send a copy of the lead inspection report or lead inspection/risk assessment report, and any reinspection reports, to all mortgagees and lienholders of record. If you have questions about the Department of Public Health's Lead Poisoning Prevention and Control Regulations, you can ask me, or call the CLPPP central office (1-800-532-9571 or 617- 753-8400). If you have questions about the Department of Labor and Workforce Development's (DLWD) Deleading Regulations, you can ask me, or call the DLWD central office (1-800-425- 0004 or 617-727-1933). Remember to refer to the attached Order for more information about what you have to do. WAWy Sr'"' Inspector Telephone: (978). 688-9540 sAcovnoc UM WILLIAM J. SCOTT Director (978) 688-9531 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 ORDER TO CORRECT VIOLATIONS) Fax(978)688-9542 DATE: Dec. 15, 2000 Pleasant St. Trust, Atty. Marybeth McGinnis, Exec 807 Tur..p.Lke Street North Andover, MA 01845 Owner or agent of the property located at 25 R Saunders St., North Andover, MA 01845 Be advised that an agent of the Board of Health has determined certain portions of this residential property to be in violation of the State Sanitary Code, 105 Code of Massachusetts Regulations (CMR) 410.7500. 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. If you already have a Letter of Compliance, contact this agency and the state Department of Public Health Childhood Lead Poisoning Prevention Program (DPH/CLPPP), at 1 (800) 532-9571, immediately. Be prepared to forward your paperwork, including Letter of Compliance, and all lead inspection and reinspection reports to this agency and DPH/CLPPP. In most cases, the law gives you a 30 - day maintenance period to repair violations after a Letter of Compliance exists, but if so, that time begins to run with your receipt of this Order. 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 Massachusetts Department of Public Health Childhood Lead Poisoning Prevention Program and the Board of Health declare that the presence of this violation of the Lead Law and the Regulations for Lead Poisoning Prevention and Control constitutes an BHOTCDET.DOC 112000 emergency pursuant to the Lead Law, MGL chapter 111, section 198 and within the meaning of the Sanitary Code, 105 CMR 400.200(B). CORRECTION OF LEAD VIOLATION(S) The Lead Law, MGL c. 111, §§189A-19913, and the Department of Public Health's Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000, require the owner of a residential premises or dwelling unit built before 1978 in which a child under the age of six lives have lead paint violations either abated and contained (referred to as "deleading") for full compliance or brought under interim control. If you are interested in interim control, then you must hire a licensed private risk assessor to perform a risk assessment and issue a lead inspection/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 Report before you proceed. The Lead Law, the Department of Labor and Workforce Development's Deleading Regulations, 454 CMR 22.00, as well as the Regulations for Lead Poisoning Prevention and Control require that residential deleading work be done by appropriately trained and authorized people. Any high-risk deleading activities — primarily stripping and scraping lead paint to bare substrate — must be performed by licensed deleading contractors. Moderate -risk deleading work — removing windows and all residential surfaces with the exception of walls and ceilings, as well as making intact small areas of deteriorated lead paint — may be performed by an owner or owner's agent after taking the course of instruction and meeting the requirements of 105 CMR 460.175, or licensed lead -safe renovation contractors. Low-risk deleading — mainly applying coverings, such as carpet, vinyl, Sheetrock, aluminum, plywood, Plexiglas and acrylic, to surfaces, applying encapsulants and removing doors — may be performed by owners and owners' agents who meet the requirements of 105 CMR 460.175. These rules on who is authorized to perform what kind of deleading work apply whether the work is being done for full compliance or for interim control. An owner or owner's agent may also make structural repairs, as defined in 105 CMR 460.020, and clean leaded dust, as may be required for interim control. You are hereby ordered to remedy all violations of MGL c. 111, § 197 and 105 CMR 460.000, as identified by a licensed private lead inspector. 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 or copies of 1) the Lead Inspection/Risk Assessment report of the licensed private lead inspector or risk assessor, and 2) a signed contract or contracts with people authorized to perform the risk level or levels of deleading work involved (referred to as "authorized persons"). If you or your agent will be doing moderate -risk or low-risk deleading work, you must also provide within sixty (60) days a copy of your or your agent's certificate of BHOTCDET.DOC 1/2000 X - instruction. Any contract or contracts must specify, and if you or your agent will be performing work, then you or your agent must attest in writing, that the work will be completed according to the following schedule: (a) Within ninety (90) days of your receipt of this Order: Abatement of interior dwelling unit violations must be completed. In addition, any interior doors that were abated must be in place, any surface preparation necessary for encapsulation must be completed and any interior dwelling unit surfaces that contained loose lead-based paint at the initial inspection and were covered as a low-risk activity while still loose must be completely covered. Finally, any such work must be documented by a private lead inspector, or for interim control a private risk assessor, to have been satisfactorily completed within this timeline. (b) Within 120 days of your receipt of this Order: Any interior common area and exterior deleading work, and any remaining interior dwelling unit low-risk deleading work or interim control work must be completed. Any such work must be documented by a private lead inspector, or for interim control'a private risk assessor, to have been satisfactorily completed within this timeline. Dust sample results and reinspection report(s) issued by the licensed private lead inspector or risk assessor must be submitted to this agency, along with the compliance document. Any contract with an authorized person must specify, and if you or your agent will be performing deleading work without a contract, you are responsible for making sure, that the unit meets acceptable lead dust levels under 105 CMR 460.170, as determined by the results of sampling done by the licensed private lead inspector or risk assessor. Should any of the dust samples fail to meet acceptable standards, the last authorized person who performed high- or moderate -risk work will be required to reclean the entire unit until all dust samples meet acceptable levels, unless dust samples fail three times, in which case a licensed deleader will be required to reclean the entire unit until all dust samples meet acceptable levels. In the event that no high- or moderate -risk deleading work occurred, the authorized person who performed low-risk deleading work will be required to reclean the entire unit until all dust samples meet acceptable levels, again, subject to the same condition stated above in the event dust samples fail three times. PROSECUTION AND CIVIL PUNITIVE DAMAGES Failure to comply with any of the deadlines set out above will require this agency to initiate criminal or civil proceedings against you within seven (7) business days. Compliance with this Order will be determined by this agency's receipt of the appropriate documents within the specified deadlines. The documents consist of the following: a) the initial Lead Inspection/Risk Assessment report of the licensed private lead inspector or risk assessor, and, if any deleading work is necessary, a copy or copies of a signed and dated contract or contracts with authorized persons; b) if you or your agent will be doing moderate- or low-risk deleading work, a copy of your or your agent's certificate of instruction, and if you or your agent will be doing such BHOTCDET.DOC 1/2000 work or structural repairs and lead -dust cleaning for interim control, a signed written statement attesting that the work will be completed in accordance with the required timefines; c) a Letter of Lead Paint (Re)occupancy (Re)inspection Certification issued by a licensed private lead inspector or risk assessor, in cases in high- or moderate -risk deleading work occurred, requiring occupants to be relocated 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 assessor, and copies of all reinspection report(s) issued by a licensed private lead inspector or licensed private risk assessor; e) a Letter of Full Deleading Compliance issued by a licensed private lead inspector or a Letter of Interim Control issued by a licensed private risk assessor. In addition, you must make sure this agency receives a copy of the deleading notification(s) at least ten (10) days before the start of any deleading, no matter who is performing the work, whether it is for full compliance or interim control. The law provides penalties of up to $500 for each day of noncompliance. In addition, you may become liable for civil punitive damages equal to three times any actual damages for failure to comply with this order if a child becomes poisoned. CORRECTION OF VIOLATION BY CODE ENFORCEMENT AGENCY If within the time periods stipulated above this residential property is not brought into full compliance or interim control, this agency may contract with an authorized person or authorized persons to correct the violation(s) and obtain a Letter of Full Deleading Compliance or a Letter of Interim Control, and bill the owner, or initiate court action to reimburse itself. RIGHT TO A HEARING You may request a hearing pursuant to 105 CMR 460.900 of the Regulations for Lead Poisoning Prevention and Control, in conjunction with the procedures of 105 CMR 400.200(B), the Sanitary Code provision for hearings in emergency public health matters. As already noted, 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 seven days after the hearing. inspector Telephone (978) 688-9540 BHOTCDET.DOC 1/2000 "SL� At5a Director Certified Mail No. 2 370 627 477 Town of North Andover f pORT4 11 OFFICE OF O 3� ,.,•"t 1 0 •• tioL COMMUNITY DEVELOPMENT AND SERVICES ° . 27 Charles Street r �o WILLIAM J. SCOTT North Andover, Massachusetts 01845 �9SsgcNusIZtsy Director (978) 688-9531 Fax (978) 688-9542 LEAD DETERMINATION REPORT FORM Date of Determination: / S, 2— to oU Inspector. License #: Method Used: Sodium Sulfide Expiration date: X -Ray Fluorescence Model: Serial #• Property Address: Z.< R- Apt. #� Description of Property: Single family ✓ Multi -family # units Garage Fence Other structures Age of Property: i_ Pre -1978 Post -1978 Occupant: Occupants under six year of age: DOB: Gl/ 3 1q % DOB, T DOB: Occupant's Telephone: Property Owner(s): P/ -c— 2, Owner's Address: Owner's Telephon Lead Hazards found? Yeses No An X-ray fluorescence reading greater than 1.2 mg/cm2 or a gray or black reaction to sodium sulfide indicates a dangerous level of lead and constitutes a positive determination. Deleading should not be undertaken based on this report. A licensed lead inspector must do a full inspection in order for you to qualify for a Compliance Letter. Deleading of lead painted surfaces must be performed by an appropriately authorized person, including a licensed deleading contractor, a licensed lead -safe renovator, and an owner/agent who is trained to perform specific work as required under the Lead Law. Contact the Childhood Lead Poisoning Prevention Program for additional information regarding deleading and training. Drive??? Determioatlon Report form without ktterbeadA= rev 1/00 Drive??! Determination Report form without letterhead rev t/00 LOCATION SOURCE Pb 1. Child's bedroom Window parting bead/exterior sill area 2. Child's bedroom Window sill 3. Living room Window parting bead/exterior sill area 4. Kitchen Window parting bead/exterior sill area S. Interior Flaking paint aY• d 8 ©� .. , r� l �� 6. Exterior Flaking paint 7. Exterior Cellar window units 8. Exterior Window sills below 5' 9. Exterior Main entry door casing 10. Interior Outside corner of baseboard 11. Kitchen or Bathroom Chair rail 12. Bathroom Window sill 13. Exterior Threshold 14. Interior hallway (common area) Stair tread or stringer 15. Interior hallway (common area) Balusters 16. Interior hallway (common area) Door casing 17. Porch Stair tread or riser 18. Porch Railing cap 19.. Porch Balusters 20. Porch Support columns(<6" diameter or square) s 21. Porch Staircase stringer 22. Exterior Bulkhead 23. Garage/Outbuilding rcasin r jamb �S 24. Interiorz_r w l I �-o � L orw baseboard (uncapped) LS 25. Interior Cabinet door, shelf, or wall Drive??! Determination Report form without letterhead rev t/00 Town of North Andover Office of the Health Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 Sandra Starr Health Director December 15, 2000 To Owner of Record: Pleasant Street Trust Atty. Marybeth McGinnis, Executer 807 Turnpike Street North Andover, MA 01845 Telephone (978) 688-9540 Fax(978)688-9542 Property Location: 25R Saunders St North Andover, MA 01845 In regards to the Order Letter dated December 7, 2000, concerning the property specified above. The following clarifications and changes shall be noted. According to the State Sanitary code 105 CMR 410.830 (B) please add the following phrase; VIOLATIONS TO BE CORRECTED NO LATER THAN TEN (10) DAYS FROM RECEIPT OF THIS ORDER LETTER OR SUBMIT A CONTRACT IN WRITING WITH A THIRD PARTY WITHIN (5) FIVE DAYS FOR CORRECTIONS AND TO MAKE A GOOD FAITH EFFORT TO SUBSTANTIIALLY CORRECT ALL VIOLATIONS WITHIN (20) TWENTY DAYS OF RECEIPT OF THIS LETTER: Also please amend the following violation to read: 1) There is no second egress 410.450 - Every dwelling unit shall meet requirements of the State building code regarding egress Must add second egress- see attached letter from the Building Inspector 8) The is a child under (6)six years 410.502 of age residing and lead paint is present (see paper work accompanying this Order) As stated in the previous Order; 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 BOARD OF APPEALS 688-9541 BUIILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-9`35 r 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. An attorney may represent you. You also have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Susan Ford, R.S. Health Inspector Cc: renter, The Fioretti's file Town of North Andover Office of the Health Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 Sandra Starr Health Director NORTH ANDOVER BOARD OF HEALTH ORDER 'ON Telephone (978) 688-9540 Fax (978) 688-9542 Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: December 7, 2000 To Owner of Record: Property Location: Pleasant Street Trust 25R Saunders St Atty. Marybeth McGinnis, executer North Andover, MA 807 Turnpike Street 01845 North Andover, MA 01845 North Andover Health Department personnel made an authorized inspection of your property at the above address on December 7, 2000. 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. An attorney may represent you. You also have the right to inspect and obtain copies of all relevant records concerning the matter to be heal d. Susan Ford, R.S. Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVA'T'ION 688-9530 NURSE 688-9543 PLANNING 688-9535 VIOLATIONS TO BE CORRECTED NO LATER THAN TEN (10) DAYS FROM RECEIPT OF THIS ORDER LETTER: VIOLATION REGULATION REINSPECTION 1) There is no suitable second egress 410.450 Exiting through a window to a secured metal ladder does not meet building code. - Every dwelling unit shall meet requirements of the State building code regarding egress Must add second egress 2) Basement shows past asbestos abatement, 410.353 but remnants of asbestos remains exposed on the pipes. - Every owner shall maintain any asbestos in good condition or be removed as state law requires. Left over asbestos must be removed by a professional State licensed contractor 3) Basement — stored items make access to the electrical panel difficult. - Access to the electrical panel must not be inhibited Move stored items 4) Hot water very cloudy and rust colored. 410.190 Water was tested and found extremely turbid and also having an iron count of 0.55 mg/L. Although this meets drinking water safety guidelines, this exceeds the recommended amounts of these parameters which cause staining in laundry, off tastes and odors. - The hot water tank shall be maintained in good condition Research problem, repair or replace hot water tank as needed. 5) No landlord information posted. 410.481 - An owner of a dwelling shall post and maintain near the mail boxes or elsewhere in the interior of a dwelling in a location visible to the residents, a notice constructed of durable material, not less that 20 square inches in size, bearing the name, address and telephone number of the managing trustee or partner. Post landlord information as required by code. 6) Railing outside driveway door wobbly 410.500 - The owner shall maintain all structural elements such as railings to stairways Secure iron railing 7) Confirmed electrical cross between units 410.354© #25R and 25F. Turned off breakers to 25F and the bedroom fixtures as well as the living room were turned off in 25R. Renter presently paying for both units to keep the electric on in his unit. - If the owner does not pay for the electricity used, the owner shall maintain wiring such that the electricity used is metered only through meters that serve only that dwelling. Owner must have electric for 25F put in their name Owner must hire licensed electrician to pull appropriate permits, research entire electrical connection to the apartments and change as needed phoned Atty. 12/8/00. Will address immediately. Note: Child under the age of (6) six years old living in the unit. No proof of lead certification. Please submit documentation if such exists. A lead paint test is to be scheduled as soon as possible. Cc: renter, The Fioretti's file Town of North Andover r►ORT1f OFFICE OF F °� a COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street WII LIAM J. SCOTT North Andover, Massachusetts 01 845 �9SS,cHUsti`�y Director (978)688-9531 Fax(978)688-9542 DATE: December 15, 2000 Pleasant St. Trust, Atty. Marybeth McGinnis,Exe. 807 Turnpike Street North Andover, MA 01845 Dear Atty. McGinnis Susan Ford of the North Andover Health Department did a lead paint determination of the home or apartment you own at 25R Saunders St.-, N. Andoveon December 15, 2000 .This determination found lead paint in violation of the Lead Law, Massachusetts General Laws, chapter 111, section 197, and the Massachusetts Department of Public Health's (DPH's) Lead Poisoning Prevention and Control Regulations, 105 Code of Massachusetts Regulations (CMR) 460.000. These laws require owners of homes or apartments built before 1978 to have lead paint violations deleaded for full compliance or brought under interim control when a child under six years old lives there. A private risk assessor has to do a risk assessment and give you a lead inspection/risk assessment report before you can go ahead with interim control. A private lead inspector has to do a lead inspection and give you a lead inspection report before you can go ahead with deleading for full compliance. If you already have a Letter of Compliance, contact this agency and the state Childhood Lead Poisoning Prevention Program, at 1(800) 532-9571, immediately. The Order that comes with this letter has important information telling you: • what you have to do • what deadlines to meet • what documents you have to send to this agency • whd can do the necessary work • what the penalties are for not meeting the Order's requirements. BHCOVIM IfM it y Please call me at this office '978) 688-9540 Order and how to meet it. as soon as sible to discuss this To help you take the first step — getting a full inspection or risk assessment — a list of lead inspectors is enclosed. We recommend that you check references and check if the inspector is still licensed. You can check on the license by calling the state Department of Public Health's Childhood Lead Poisoning Prevention Program (CLPPP) before hiring an inspector. To get a list of risk assessors for interim control, call CLPPP's central office at 1-800-532-9571. You can also get two other helpful materials from CLPPP. One is -a guide explaining all the choices for full compliance deleading and interim control. The other has places to call to get money to help with deleading. Again, you can get these by calling CLPPP at the number above. Requirements for Doing Deleading Work Higit-risk deleading: If you need to or choose to have high-risk deleading work done, such as having lead paint stripped or scraped, you have to hire a deleading contractor. A list of deleading contractors is also enclosed. Just as in the case of inspectors, we recommend you check references and check if the deleader is still licensed. You can check on the license by calling the state Department of Labor and Workforce Development (DLWD) at 1-800425-0004. Moderate -risk deleading: Before you or your agent can do moderate -risk deleading work, such as removing windows and woodwork, you have to take a course, pass it and get a certificate from CLPPP. These courses are given by a number of groups and organizations at various places, times and prices. To find out about when and where the courses are, call CLPPP at 1-800-532- 9571. Remember that you still have to meet the deadlines in the Order. If a course for owners to do moderate -risk deleading is not available at a convenient time or place for you to meet the deadlines of this Order, you won't be able to do moderate -risk deleading work yourself. You then have to use other methods to delead, or hire a licensed lead -safe renovation contractor. To get a list of these contractors, or to check their licenses, call DLWD at 1-800-425-0004. Low-risk deleading: Before you or your agent can do only low-risk deleading work, such as covering surfaces, you have to read the CLPPP low-risk booklet, take a self -corrected exam that you send in to CLPPP, and get a certificate from CLPPP. If you want to encapsulate, you have to first call CLPPP's encapsulant coordinator, who will go over your inspection report with you and discuss surfaces that may be good for encapsulation. You have to read CLPPP's encapsulation booklet, take a self -corrected exam that you send into CLPPP and get a certificate from CLPPP. To get a free copy of the low-risk booklet, or to speak to the CLPPP encapsulant coordinator, call CLPPP at 1-800-532-9571. Interim control work: If you or your agent will be doing other work for interim control, such as structural repairs and cleaning of leaded dust, you have to take safety steps and clean up in the way described in the CLPPP booklet for interim control. To get a copy of this interim control booklet, call CLPPP at the above number. Deleading work has to be carefully done to be safe. To protect the people who live in the home or apartment, you have to keep them out of the home or apartment, or area being worked on, in these ways • All people and pets have to be temporarily moved from the home or apartment for the whole sscovnoc moon time that high or moderate -risk deleading work is taking place inside the home or apartment. You have to provide th sidents with a reasonable alternative I , to live for this period People and pets who have been temporarily moved from their home or apartment can only come back after a licensed private lead inspector or licensed private risk assessor says it is safe for them to return. The inspector or risk assessor does this after reinspecting the home, including taking dust samples to assure that lead dust levels meet approved standards. This reinspection will be done at least three hours after deleading work is all done. • People and pets have to stay out of the work area while you or your agent does most low-risk deleading work or structural repairs or cleaning of lead dust. They also have to stay out of the work area while there's any deleading work in common areas outside the home or apartment, as long as they have another regular way (not a fire escape) to go in and out of the building. In these cases, people and pets can use the area after cleanup following the end of the work in :that area People and pets have to stay out of the home or apartment for the workday while you or your agent put coverings over a surface with peeling, chipping or cracking lead paint or plaster, or *ring applying of encapsulants with an airless sprayer. They also have to stay out for the day during deleadI g in common areas when they do not have another regular way (not a fire escape) to go in and out of the building. When people and pets are out of their home or apartment for the day, it means they can come back to the home or apartment after cleanup at the end of the workday, and don't have to be out overnight All work for deleading and interim control has to be neatly and properly done, in a professional way, and the home or apartment has to be returned to a condition that meets the requirements of the State Sanitary Code. Deluded surfaces can't be repainted until after they have passed reinspection by a licensed private lead inspector or risk assessor. You have to give written notice about common area lead paint violations to all other residents of the building. "Notice to Tenants of Lead Paint Hazards" is enclosed for that purpose. You also have to send a copy of the lead inspection report or lead inspection/risk assessment report, and any reinspection reports, to all mortgagees and lienholders of record. If you have questions about the Department of Public Health's Lead Poisoning Prevention and Control Regulations, you can ask me, or call the CLPPP central office (1-800-532-9571 or 617- 753-8400). If you have questions about the Department of Labor and Workforce Development's (DLWD) Deluding Regulations, you can ask me, or call the DLWD central office (1-800-425- 0004 or 617-727-1933). Remember to refer to the attached Order for more information about what you have to do. Inspector Telephone: (9781 688-9540 BSCOVMM 1/2000 MMMM -1- W1 "a May, -32 04 12:25p NORTH ANDOVER 9786889542 p.1 t I TOWN OF NORTH A14DOVER °F %OH°T .�tio Office of COMMUNITY DEVELOW11ENT AND SERVICES HEALTH DEPARTMENT 27 CHARLES STR 3ET�" :�,9'Onwnn ,t*�qh NORTH ANDOVER, MASSAC HUSETTS 01845 SSACHUSh 978.688.0.540 - Phime Susan Sawyer, REHS/RS 978.688.9542 - FAX Public Health.Director healthdcpt@townokiorthandover.com www.townofnorthandover.com Ta�!' 1 Froi n: • M•.. Fax: ' l , % j Phone: Pages: Dat m Re: JJ , cc: ❑ Urgent ❑ For Review ❑ Please Corn ment ❑ Please Reply ❑ Please Recycle Please contact the Health Department at the above numbers for further assistance. May -42 04 12:25p NORTH ANDOVER 9786889542 p.2 I TOWN OF NORTH ANDOVER Office of COMMUNITY DEVELOPMENT AND SERVICES HEALTH DEPARTMENT .sem e� 27 CHARLES STREET NORTH ANDOVER, MASSAC IUSETTS 01845 Susan Y. Sawyer, REHS/RS 978.688.9540 — Phone Public Health Director 978.688.9542 — FAX healthde tatownofnorthandover.com www.townofnorthandover.com May 11, 2004 Law Office of John S. Wessler Mail & Fax: 978.688.6946 Attn: Marisol Leiva, Paralegal 375 Common Street Lawrence, MA 01840 Dear Ms. Leiva: RE: 25R Saunders Street -- Martin and Karen Moretti, Plain:iffs vs. John Willis, Individually and as Trustee of Pleasant Street Realty, Defendant In lieu of signing an affidavit as you requested, I have enclosed t he original "True and Attested" copies stamped by Joyce Bradshaw, Town Clerk with regard to your Housing Cour Documents related to 25R Saunders Street in North Andover. As you can probably understand, I am hesitant to sign an "Affid avit of Records" form with a statement that "I hereby swear under the penalties of perjury" which just refers to attachments in items 2 and 3. I would have no way of knowing what documents would be attached. I trust that the enclosed documents and this letter will be suffich nt for your court date on May l 7's. Sincerely; Sun Y. Sawyer, I& /S/]RS/ Public Health Director a'"` K2, S c 05/06/2004 15:40 9786896946 WESSLER.MCCABE LAW OFFICE OF JOHN S. WESSLER Attorney x Law Gary Rothber, John 5, Wesster, Esq. grer, Esq. 375 Co uom STREET TEL: (978) 689-3806 t_AwREroCE, MASSACHUSETTS 01840 FAr (978) 688-6946 May 6, 2004 Town of North Andover Office of the Health Department Attn: Susan Sawyer Fax: 978-688-9542 RE: Property Location: 25R Saunders St., N. Andover, MA Dear Ms. Sawyer. With reference to the, enclosed please find a board of health report provided to us by your office. Unfortunately the report is not certified. We are scheduled to go to trial On May 17, 2004, but in order for us to use this report as evidence at trial, it needs to be certified_ Would you please sign the affidavit enclosed with the report and return both of them to my attention as soon as possible. Thank you for your anticipated attention to this matter. Should you have any questions, please do not hesitate to contact me. Sincerely, Mariso Leiva Paralegal PAGE 01 05/06/2004 15:40 9786886946 WESSLER.MCCABE COMMONWEALTH OF MASSACHUSETTS HOUSING COURT DEPARTMENT NORTHEAST DIVISION DOCKET N0.01 CV 00048 MARTIN AND KAREN FIORETTI, Plaintiffs, Vs, JOHN WILLIS, Individually ) And as TRUSTEE of ) PLEASANT STREET REALTY, ) Defendant AFFIDAVIT OF RECORDS I hereby swear under the penalties of perjury as follows: 1. 1 am an authorized agent of Town of North Andover, Office of the Health Department. 2. A health inspection was rendered by said facility, to the individual named in the attached report. 3. The attached report contains the professional opinion as to the state sanitary codes. PAGE 02 SIGNED UNDER THE PENALTIES OF PERJURY THIS DAY OF May. 2004. Susan Sawyer, North Andover Board of Health 05/06/2004 15:40 9786886946 WESSLER.MCCABE PAGE 03 Town of North Andover Office of the Health Department CommunityDevelopment and Services Division r Division Director ''��-s ►'"P+ William J. Scott, y • 27 Charles Street North Andover, ,Massachusetts (11845 Telephone (978) 688-9540 Sandra Starr Fax (978) 688-9542 Healfli Director NORTH ANDOVER BOARD OF HEALTH ORDER Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of Filness for Human Habitation, 105 CMR 410.000. Date: December 7, 2000 To Owner of Record: Property Location: Pleasant Street Trust 25R Saunders St /ytty_ Marybeth McGinnis, executer North Andover, MA 007 Turnpike Street 01845 North Andover, MA 01845 North Andover Health Departrt*nt personnel made an authorized inspection of your property at the above address on December 7, 2000. This inspection revealed violations cif certain regulations of the State Sanitary Code, Chapter ll, 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 yov will be given an opportunity to be heard and to present witness and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. An attorney may represent you. You also have the right to inspect and obtain copies of all relevant records concerning the matter to be head. Sultan Ford, R.S. Health Inspector riArt{tp Ur AI'P[rV S 6RR ��5d1 !lU!!,l)tNG 6RR 954,5 CONSERvA:00N OS -9530 NI11tSF.. G88-954'3 PLANNING 6$R --x)5]5 05(06/2004 15:40 9786886946 WESSLER.MCCABE PAGE 04 VIOLATIONS TO BE CORRECTED NO LATER THAN TEN (10) DAYS FROM RECEiPT OF THIS ORDER LETTER: VIOLATION REGl1LATION 1) There is no suitable second egress 410.450 Exiting through a window to a secured metal ladder does not meet building code. - Every dwelling unit shall meet requirements of the State building code regarding egress Must add second egress 21 Basement shows past asbestos abatement, 410.353 but remnants of asbestos remains exposed on the pipes. - Every owner shall maintain any asbestos in good condition or be removed as state law requires. Left over asbestos must be removed by a professional state licensed contractor 3) Basement -- stored items make access to the electrical panel difficult. - Access to the electrical panel must riot be inhibited Move stored items 4) Hot water very cloudy and rust colored. 410.190 Water was tested and found extremely turbid and also having an iron count of 0.55 mg/L. Although this meets drinking water safety guidelines, this exceeds the recommended amounts of these parameters which cause staining in laundry, off tastes and odors. - The hot water tank shall be maintained in good condition Research problem, repair or replace hot wate- tank as needed. 5) No landlord information posted. 410.481 - An owner of a dwelling shall post and maintain near the mail boxes or elsewhere in the interior of a dwelling in a location, visible to the residents, a notice constructed of durable material, not less that 20 square inches in size, bearing the name, address and telephone number of the managing trustee or partner. REINSPECTION 05/06/2004 15:40 9786886946 WESSLER.MCCABE Post landlord information as required by code. 6) Railing outside driveway door wobbly 410.500 - The owner shall maintain all structural elements such as railings to stairways Secure iron railing 7) Confirmed electrical cross between units 410.354© #2511 and 25F. Turned off breakers to 25F and the bedroom fixtures as well as the living room were - .. - - ...... turned off in 25R. Renter presently paying for both units to keep the electric on in his unit. - If the owner does not pay for the electricity used, the owner shall maintain wiring such that the electricity used is metered only through meters that serve only that dwelling. Owner must have electric for 26F put in their name Owner must hire licensed electrician to pull appropriate permits, research entire electrical connection to the apartments and change as needed PAGE 05 phoned Atty. 12/8100. Will address immediately. Note: Child under the age of (6) six years old living in the unit. No proof of lead certification. Please submit documentation if such exists. A lead paint test is to be scheduled as soon as possible. Cc: renter, The l=ioreth's file 05/06/2004 15:40 9786886946 WESSLER.MCCABE PAGE 06 Town of North Andover Office of the Health Department F?�,,•os Community Development and Services Division Wflham J. Scott, Division T)irector �ti• -` ' -- 27 Charles Street �as�C14 North Andover, Massachusetts 01845 Telephone (978) 688-9540 Sandra Starr Fax (978) 688-9542 Health Director December 1,5, 2000 Location: To O�wiiieco Property ecords- Pleasant Street Trust 25R Saunders St Atty, Mwybeth McGinnis, Executer North Andover, MA 807 Turnpike Street 01845 North Andover, MA 01845 In regards to the Order Letter dated December 7, 2000, concerning the property specified above. The .following clarifications and changes shall be noted. According to the State Sanitary code 1.05 CMR 410.830 (B) please add the following phrase; VIOLATIONS TO BE CORRECTED NO LATER THAN TEN (I0) DAYS FROM RECEIPT OF THIS ORDER LETTER OR SUBMIT A CONTRACT IN WRITING WITH A THIRD PARTY WITHIN (5) FIVE DAYS FOR CORRECTIONS AND TO MAKE A GOOD FAITH EFFORT TO SUBSTANTIIALLY CORRECT ALL VIOLATIONS WITHIN (20) TWENTY DAYS OF RECEIPT OF THIS LETTER: Also please amend the following violation to head: 1) There is no second egress 410.450 - Every dwelling unit sliall meet requirements of the State building code regarding egress Must add second egress- see attached letter from the Building Inspector 8) The is a child under (6)six years 410.502 of age residing and lead paint is present (see paper work accompanying this Order) As stated in the previous Order; 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 WARD OF APPrAi..9 688-9541 BIJILDM 698-9545 CONSERVATION 688-95 JO NU91 F, 683-9543 PLANNING 688-9` 15 05/06/2004 15:40 9786886946 WESSLER.MCCABE r 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 inforecords coall ncerning matter to be heard: An attorney hearing time and place of the and Of their right to inspect and copy may represent you. You also have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Susan Ford, R.S. Health Inspector Ce: renter, The Fioretti's Me PAGE 07 uN11 cs/c:� SENDER: y Q Complete items 1 and/or 2 for additional services. y Complete items 3, 4a, and 4b. ❑ Print your name and address on the reverse of this form so that we can return this card to you. d ❑ Attach this form to the front of the mailpiece, or on the back if space does not m permit. « ❑ Write "Retum Receipt Requested" on the mailpiece below the article number. ❑ The Return Receipt will show to whom the article was delivered and the date p delivered. 3. Article Addressed to: 4a. Article Number a � '7'7 E 4b. Service Type � N��r�� yl2�j/6e><heGr%v�,s; ❑ Registered UlCertified 1.1 �X �L�P� El Express Mail ❑ Insured cc L+3-neturn Receipt for Merchandise ❑ COD aQ `Iti" Nr�k� �� 7. Date of Delivery z /1O ,,4ndotle4 , W1 &e -,15- P e -,15 I also wish to receive the follow- ing services (for an extra fee): 1 • ❑ Addressee's Address 2. ❑ Restricted Delivery P 5. Received By: (Print Name) S. Addressee' lee is paid) c6. Signature (Acffressee or Agent 0 N PS Form 3811, December 1994 102595-99-13-0223 Domestic Return Receipt m First -Class Mail UNITED STATES POSTAL SERVICE E S SF Postage &SemPaid p Permit No. G-10 i • Print your narn;pddres�,�and ZIP Code in this box • BOAROWWO 27 Ct MiBST W NORTHAMW MA 01845 C1 O O O cl 0 LL Z 370 627 473 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sggpt to '^ Street & Number z) -7 ,— ., c, Post office, State, & ZIP Code Postage Certified Fee 2 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom, Date, & Addressee's Address TOTAL Postage & Fees Is q Postmark or Date (asJanald) 9661 Ipdd `008£ wand Sd d C 7 V r N r U .L-. L �` ai a) a> O a0 ' O m O o C v0 - N L m N N ca O c C E c E Of E .LO-. _ UU o o m m C d c m E 2 m m O` LL O N v L Ea o m w 'C O CL O m O L° C O N C C E wcaa 0 ami O aN m« m m a U yOmV l � 9 nE O Oa E CtlU r Ca Y N o y cOi .o c m o o m ` c co'Qm a N C m E L d L^O, N E8o C m U c O 2 O Z` lNa .-. OI Y .-. — - -o 7 m O L- d U O' () N N i0 V 'E- E p O C y m Q- C U. Ya aa>a N V y C N m @ O a) c y a> m W a U m E > y v cYUa 5 r o W Lu and 0 i. m r d moE ad a a> -L m ZX00 —0 -90 Qa r d o 'y ai 3 W ii W d«? a` ) E O. in m o m - my cao•> a€ �f~A yV (D Q m m m p 0'0 a a 0 2 N N m¢ •� `> 0 C %> u' o c 'co E m w ami W ¢ a> c d m T o 3 m U¢ .>_ Y d m m fmi> N Y d �> ny:E a L n c co m c m m m o N c `�U m W m e 3 d` y d N y o 3 a>L d as 3 E a�>¢ � ai __ �, 0 CL 4) :3N O 0CC O a 0 7 Z T m O N _ O y O> 0 T m O -0CW C E_ ._ mw d m fA 0 .- m 3 N N (7 O of Q V N U 4� d V7 4 Town of Noah Andover Office of the Health Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 Sandra Starr Health Director NORTH ANDOVER BOARD OF HEALTH ORDER Telephone (978) 688-9540 Fax(978)688-9542 Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: December 7, 2000 To Owner of Record: Property Location: Pleasant Street Trust 25R Saunders St Atty. Marybeth McGinnis, executer North Andover, MA 807 Turnpike Street 01845 North Andover, MA 01845 North Andover Health Department personnel made an authorized inspection of your property at the above address on December 7, 2000. 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. An attorney may represent you. You also have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Sd`san Ford, R.S. Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-9535 VIOLATIONS TO BE CORRECTED NO LATER THAN TEN (10) DAYS FROM RECEIPT OF THIS ORDER LETTER: VIOLATION REGULATION REINSPECTION 1) There is no suitable second egress 410.450 Exiting through a window to a secured metal ladder does not meet building code. - Every dwelling unit shall meet requirements of the State building code regarding egress Must add second egress 2) Basement shows past asbestos abatement, 410.353 but remnants of asbestos remains exposed on the pipes. - Every owner shall maintain any asbestos in good condition or be removed as state law requires. Left over asbestos must be removed by a professional State licensed contractor 3) Basement — stored items make access to the electrical panel difficult. - Access to the electrical panel must not be inhibited Move stored items 4) Hot water very cloudy and rust colored. 410.190 Water was tested and found extremely turbid and also having an iron count of 0.55 mg/L. Although this meets drinking water safety guidelines, this exceeds the recommended amounts of these parameters which cause staining in laundry, off tastes and odors. - The hot water tank shall be maintained in good condition Research problem, repair or replace hot water tank as needed. 5) No landlord information posted. 410.481 - An owner of a dwelling shall post and maintain near the mail boxes or elsewhere in the interior of a dwelling in a location visible to the residents, a notice constructed of durable material, not less that 20 square inches in size, bearing the name, address and telephone number of the managing trustee or partner. u Post landlord information as required by code. 6) Railing outside driveway door wobbly 410.500 - The owner shall maintain all structural elements such as railings to stairways Secure iron railing 7) Confirmed electrical cross between units 410.354© #25R and 25F. Turned off breakers to 25F and the bedroom fixtures as well as the living room were turned off in 25R. Renter presently paying for both units to keep the electric on in his unit. - If the owner does not pay for the electricity used, the owner shall maintain wiring such that the electricity used is metered only through meters that serve only that dwelling. Owner must have electric for 25F put in their name phoned Atty. 12/8/00. Will address immediately. Owner must hire licensed electrician to pull appropriate permits, research entire electrical connection to the apartments and change as needed Note: Child under the age of (6) six years old living in the unit. No proof of lead certification. Please submit documentation if such exists. A lead paint test is to be scheduled as soon as possible. Cc: renter, The Fioretti's file WILLIAM J. SCOTT Director (978) 688-9531 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 DISCLAIMER CONCERNING LEAD DETERMINATION REPORT ,90 o Fax (978) 688-9542 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's law requires that: A licensed deleader must do all high risk deleading, such as scraping or the use of caustics. Property owners, their unlicensed agents, and licensed lead -safe renovators may do some deleading activities without a deleader's license. Before they do so, though, owners, their agents, and lead -safe renovators must become trained and receive authorization to perform these activities. Owners and their agents should contact the Childhood Lead Poisoning Prevention Program for more information on the specific activities they may perform and on how to become trained and authorized to perform these deleading activities. Lead -safe renovators are licensed by the Department of Labor and Workforce Development and should contact them for training and authorization requirements. 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 Workforce Development (454 Code of Massachusetts Regulations 22.11), including sealing off the work area from adjacent areas, and performing a thorough clew - 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 fust 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. DriveMDetermination Di claimer without letterhead.doe rev 1/00 The process of removing or covering lead paint hazards, commonly called deleading, can be dangerous if it is not done properly. That's why 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) have rules for how deleading is done in homes and apartments. These rules say who can do the work, safety steps that have to be taken while the work is done, how to clean up after the work and how the work is finally approved. These rules are enforced by the Department of Public Health's Childhood Lead Poisoning Prevention Program (CLPPP), the Department of Labor and Workforce Development (DLWD) and local boards of health. Who can do deleading work Under these laws, only a licensed deleading contractor can do high-risk work, such as scraping or stripping lead paint, repairing more than a small amount of chipping or peeling lead paint so it can be repainted, and demolishing lead -painted building parts. Besides deleaders, property owners and their agents who take a one -day course can do moderate -risk deleading work, such as removing windows, woodwork, and just about any surface of a house, as well as repairing small amounts of chipping and peeling lead paint so it can be repainted. Lead -safe renovators trained and licensed by DLWD may also be hired to do moderate -risk deleading work. Finally, low-risk deleading work can be done by all the people who can do high- or moderate - risk deleading work, and also owners and their agents, including contractors, who just complete the CLPPP low-risk booklet (and/or encapsulant booklet). Low-risk deleading means covering surfaces, applying encapsulants, capping baseboards, removing doors, cabinet doors and shutters, and applying exterior siding. Property owners and their agents may also do structural repairs and lead -dust cleaning for interim control. Staying out of the home or parts of the home during deleading To protect the people who live in the home or apartment being deleaded, the law also has rules about making sure they stay out of the home or apartment, or the area being worked on, in these ways: • All people and pets have to be temporarily moved from the home or apartment for the whole time that high- or moderate -risk deleading work is taking place inside the home or apartment. The owner has to provide residents with a reasonable alternative place to live for C:\WPSO\LEAD1995\GENERAL\GENERAL.DOC\ADVISORY.DOC I2000 The Commonwealth of Massachusetts Executive Office of Health and Human Services Department of Public Health Childhood Lead Poisoning Prevention Program AROEO►AULCEI DW 470 Atlantic Avenue, Second Floor GOVERNOR Boston, MA 02210-2208 JANE SWIFT UEUTEMA NT GOVERNOR (617) 753-84001800-532-9571 WIWAM 0. CIEARY SECRETARY HOWARD K. KOH. MO. MPH COMMISSIONER RESIDENTIAL DELEADING ADVISORY The process of removing or covering lead paint hazards, commonly called deleading, can be dangerous if it is not done properly. That's why 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) have rules for how deleading is done in homes and apartments. These rules say who can do the work, safety steps that have to be taken while the work is done, how to clean up after the work and how the work is finally approved. These rules are enforced by the Department of Public Health's Childhood Lead Poisoning Prevention Program (CLPPP), the Department of Labor and Workforce Development (DLWD) and local boards of health. Who can do deleading work Under these laws, only a licensed deleading contractor can do high-risk work, such as scraping or stripping lead paint, repairing more than a small amount of chipping or peeling lead paint so it can be repainted, and demolishing lead -painted building parts. Besides deleaders, property owners and their agents who take a one -day course can do moderate -risk deleading work, such as removing windows, woodwork, and just about any surface of a house, as well as repairing small amounts of chipping and peeling lead paint so it can be repainted. Lead -safe renovators trained and licensed by DLWD may also be hired to do moderate -risk deleading work. Finally, low-risk deleading work can be done by all the people who can do high- or moderate - risk deleading work, and also owners and their agents, including contractors, who just complete the CLPPP low-risk booklet (and/or encapsulant booklet). Low-risk deleading means covering surfaces, applying encapsulants, capping baseboards, removing doors, cabinet doors and shutters, and applying exterior siding. Property owners and their agents may also do structural repairs and lead -dust cleaning for interim control. Staying out of the home or parts of the home during deleading To protect the people who live in the home or apartment being deleaded, the law also has rules about making sure they stay out of the home or apartment, or the area being worked on, in these ways: • All people and pets have to be temporarily moved from the home or apartment for the whole time that high- or moderate -risk deleading work is taking place inside the home or apartment. The owner has to provide residents with a reasonable alternative place to live for C:\WPSO\LEAD1995\GENERAL\GENERAL.DOC\ADVISORY.DOC I2000 this time. Property owners and residents should refer to the CLPPP document, "Notice to Property Owners and Tenants: Tenants' Rights, Responsibilities, and Remedies" for more information on alternative housing during deleading. • People and pets have to stay out of the work area while most low-risk deleading work, structural repairs or cleaning of lead dust, is taking place. They also have to stay out of the work area when deleading work of any kind is taking place in common areas outside the home or apartment, as long as they have another regular way (not a fire escape) to go in and out of the building. In these cases, people and pets can use the area once cleanup is completed after all the work in the area is done. • People and pets have to stay out of the home or apartment for the day while coverings are put over a surface with peeling, chipping or cracking lead paint or plaster, and during .-applying of encapsulants with an airless sprayer. They also have to stay out for the day during deleading of common area when they do not have another regular way (not a fire escape) to go in and out of the building. When people and pets are out of their home or apartment for the day, it means they can come back to the home or apartment after cleanup at the end of the workday, and don't have to be out overnight. It is very important that people whose home or apartment is being deleaded think carefully about what they will need during the time they are away from home, and take it with them. No one can return to a home or apartment while deleading that requires them to be out is still taking place, and has not been properly cleaned up. Property owners and residents must take deleading safety rules seriously and cooperate fully to make sure everyone is protected. No one should interfere with the work being done safely. Getting ready for deleading to begin People who live in a home or apartment in which any kind of deleading work is going to be taking place have to get written notice at least 10 days before the start of this work. This applies also to other residents of a building, if any deleading work will take place in common areas. Before deleading work begins, all household possessions of every type should be removed or stored in plastic bags in non -work areas. Closets and cabinets to be deleaded must be emptied. As a last resort, large furniture and belongings not removed from the work area should be put in plastic bags and left in the center of the room, where they will be covered with heavy plastic by the person doing the deleading. The reason for this is to protect everything in the home or apartment from lead_ dust contamination. Belongings must also be protected before an owner or. agent performs low-risk deleading work, or other work that may be required for interim control, but the precautions are not as extensive for this type of work. In general, it is recommended that furniture and belongings be moved outside the work area, or covered with thick plastic and sealed with duct tape, before low-risk deleading begins. Cleanup after deleading and returning home A final cleanup will be done at least two hours after all the interior high- or moderate -risk deleading work is done. This delay is to make sure that fine lead dust will settle out of the air and be removed in the final cleanup. People and pets who were temporarily moved to alternative housing can return only after a lead inspector or risk assessor says that the home is safe. The inspector decides this after doing a reoccupancy reinspection, which includes an analysis of lead dust levels within the home. Residents should leave a phone number where they can be reached C:\VMMU.EAD1995\GENERAL\GENERALDOGADVISORY.DOC MM 2 so that the inspector or risk assessor can call them and let them know when it is safe to return home. If the property owner or agent is going to be doing low-risk deleading work or other work for interim control after the residents return home, they will be taking some safety steps for this, as described in the CLPPP low-risk booklet. They will also be doing a cleanup when they are done with the low-risk work. An inspector or risk assessor will return at the completion of all the work and do a reinspection to check the owner's or agent's work. Temporary ways to protect children from lead poisoning Children exposed to lead paint hazards are at risk of becoming lead poisoned. This disease can affect every part of a young child's developing body, and in particular, can seriously and permanently hurt the brain, kidneys and nervous system. Even at lower levels of exposure, lead can cause children to have learning and behavioral problems. The best and only permanent way to protect children from lead poisoning is deleading. But even before that process begins, there are some important steps that can be taken to protect young children from lead poisoning. Your lead inspector's or risk assessor's advice should be carefully followed because he or she knows your child's home. As part of their normal behavior, young children place things in their mouths, especially toys and their own fingers. If there are lead paint chips and dust in your home, they may be picked up by your child's fingers, as well as by toys, foods and pacifiers that fall on the floor, and end up in your child's mouth. It is especially important to wash your child's toys and to keep your child's hands clean, particularly before meals and at bedtime. Areas of peeling or chipping lead paint and dust should be cleaned. Wet wiping with paper towels and a general household detergent is best. Do not use your household vacuum cleaner: to clean up paint chips, because this will only send fine lead dust into the air. Windows, windowsills and the floors under windows in particular are often areas from which children can get exposed to lead. 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 also protects your child from accidentally falling from the window.) Contact paper may be applied to areas of peeling paint on windowsills, walls or other surfaces as a temporary measure. Sometimes furniture can be moved to block children from 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 is deleaded. Lead paint can also get into soil. If the outside of your home has chipping or peeling paint, do not let your child play in the soil closest to the house. Be careful to wipe your shoes off on a mat before walking into your house, so you don't track in soil from these areas. Follow the advice of your lead inspector or risk assessor about soil on the property. For more information about how the deleading process works, and how to protect your children from lead poisoning, call the toll-free CLPPP information line, at 1(800) 532-9571.. C:IWPSOV.EADI"SGENERALIGENERALDOCADVLSORY.DOC MM 3 violations Lead paint violations under the Lead Law and the state Sanitary Code have been found in the home or apartment listed in the attached documents. These violations may be a danger to the health of the people living in the home or apartment. Children younger than six years old are at the most risk of being lead poisoned. Lead can damage a child's growing brain and other parts of the body. Even small amounts of lead can harm a child. The owner of this home or apartment is responsible for removing or covering the lead violations. (This is called deleading.) Legal Rights and Responsibilities For these lead violations to be deleaded as quickly and safely as possible, it helps if both the owner and the tenant cooperate with each other. It is important that tenants and owners know their rights under state law. Because the laws are not simple, tenants may need to get legal help and/or legal advice before trying to use the rights found below. (1) Temporary Housing. (Massachusetts General Laws chapter I11, section 197) Tenants and their pets must be temporarily moved out of the home or apartment for the whole time that high-risk or moderate -risk deleading work is taking place inside the home or apartment. They cannot return until that work is done, the unit is cleaned up and a licensed lead inspector finds that the home or apartment is safe. The owner and tenants have to agree: on a plan for. temporary housing. If the tenants choose to move in with family or friends they do not have to pay rent to their landlord while they are out of their home. If they do not so choose, the owner finds the temporary housing and offers it to the tenant. The Law requires that owners pay any charges for the temporary housing the owner offers, and that tenants continue to pay their full normal rent during the time they live in the temporary housing. The temporary housing must be one that "does not cause undue economic or personal hardship to the tenant." If the temporary housing chosen by the owner would not cause a hardship, and the tenant still refuses to accept it, then the tenant has to find and arrange for his or her own temporary housing during deleading. In this case, the tenant doesn't have to pay rent for the days he or she is not at home, but has to pay the cost of the temporary housing he or she has C:\WP50UXADI"S\GMERALiGMERAL.DWCLPP" W000 1 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 ARGEOPAUL CMUI 0OVERNOR Boston, MA 02210-2208 JAME XMUEvrrrOO ERWR (617) 753-84001800-532-9571 wluuY o. o�►Rr UCMARY NOW"O K. am. Yo, YPN COYYIMONER NOTICE TO PROPERTY OWNERS AND TENANTS: TENANT'S RIGHTS AND RESPONSIBILffIES violations Lead paint violations under the Lead Law and the state Sanitary Code have been found in the home or apartment listed in the attached documents. These violations may be a danger to the health of the people living in the home or apartment. Children younger than six years old are at the most risk of being lead poisoned. Lead can damage a child's growing brain and other parts of the body. Even small amounts of lead can harm a child. The owner of this home or apartment is responsible for removing or covering the lead violations. (This is called deleading.) Legal Rights and Responsibilities For these lead violations to be deleaded as quickly and safely as possible, it helps if both the owner and the tenant cooperate with each other. It is important that tenants and owners know their rights under state law. Because the laws are not simple, tenants may need to get legal help and/or legal advice before trying to use the rights found below. (1) Temporary Housing. (Massachusetts General Laws chapter I11, section 197) Tenants and their pets must be temporarily moved out of the home or apartment for the whole time that high-risk or moderate -risk deleading work is taking place inside the home or apartment. They cannot return until that work is done, the unit is cleaned up and a licensed lead inspector finds that the home or apartment is safe. The owner and tenants have to agree: on a plan for. temporary housing. If the tenants choose to move in with family or friends they do not have to pay rent to their landlord while they are out of their home. If they do not so choose, the owner finds the temporary housing and offers it to the tenant. The Law requires that owners pay any charges for the temporary housing the owner offers, and that tenants continue to pay their full normal rent during the time they live in the temporary housing. The temporary housing must be one that "does not cause undue economic or personal hardship to the tenant." If the temporary housing chosen by the owner would not cause a hardship, and the tenant still refuses to accept it, then the tenant has to find and arrange for his or her own temporary housing during deleading. In this case, the tenant doesn't have to pay rent for the days he or she is not at home, but has to pay the cost of the temporary housing he or she has C:\WP50UXADI"S\GMERALiGMERAL.DWCLPP" W000 1 chosen. In this case, the owner has to pay the tenant any amount by which the cost of the temporary housing first chosen by the owner is more than the rent for that period. No matter. where the tenant stays, the owner must pay reasonable moving costs. Tenants are advised to get legal help if they can not agree with the owner on a plan. (2) Protection from Retaliatory Rent Increase or Eviction. A property owner may not evict a tenant, or increase the rent or refuse to renew the lease of a tenant in retaliation (getting even) for the tenant reporting a suspected lead paint violation to a code enforcement agency such as the local board of health. If the rent is increased or the tenants are evicted or their lease is not renewed within six months after the tenants made the complaint, a court can automatically find that the owner took this action in retaliation unless the owner can show clear evidence that he or she had other reasons, unrelated to the tenants' complaint about violations. An eviction based on not paying the rent is not retaliatory. Property owners who are found to have threatened or taken actions against tenants for exercising rights under the Lead Law are liable for damages under M.G.L. c. 186, s.18 and M.G.L. c. 93A. A tenant who believes that he or she has been retaliated against by the owner because of lead violations may also file a complaint with the Massachusetts Commission Against Discrimination. (3) Rent Withholding. (Massachusetts General Laws chapter 239, section 8A) Tenants have a basic obligation to pay rent for their home or apartment to the owner. But, if lead violations are not being deleaded, tenants may have a right to hold back their rent payments. Tenants may take this step only if they were up to date in their rent at the time the owner was notified of the lead paint violations, and they did not begin withholding until this point. Owners have the right to go to court to evict tenants for not paying rent. To fully protect themselves against attempted evictions, tenants withholding rent for Lead Law violations may need to place withheld rent money in an escrow (separate savings) account, or may be ordered to do so by the court. If these conditions are met, tenants may not be evicted for not paying rent or for any other violation that is not the tenants' fault. Owners have the right to enter the tenants' home or apartment, if possible by appointment, but in any case in emergencies, to inspect for lead violations and to have them repaired. Tenants have a responsibility to cooperate with owners and allow all necessary access to their home or apartment for repairs. Tenants who do not cooperate with this right of entry may be subject to eviction. If rent was withheld, the court may order that all or part of the withheld rent be paid to the owner after the violations are deleaded. (4) Abatement of Rent or Damages. Even when the rent withholding statute does not apply, tenants may be able to have their rent reduced or get back rent they have already paid, if their home or apartment has Lead Law violations. The landlord always has a duty to provide housing that meets basic housing standards. A tenant can bring a court action for breach of this "implied warranty". (5) "Rent Receivership". (Massachusetts General Laws, chapter 111, sections 127C - 127n This law allows tenants, the state Childhood Lead Poisoning Prevention Program or the local board of health to ask the court to find that Lead Law violations exist, and to allow C.kWPS0ILE4D199MGENERALIGENERALDWCLPP95 VAN 2 rent to be paid into court rather than to the owner, to pay for necessary repairs. (6) Owner Liability: Compensatory and Punitive Damages. (Massachusetts General Laws chapter 111, section 199) The owner of a home or apartment built before 1978 is liable for damages to a child under age six who becomes lead poisoned as a result of the owner's failure to comply with the Lead Law and regulations. The owner of such home or apartment who is notified through an Order to Correct Violations or Order to Restore Interim Control Measures of lead violations, and who willfully fails to correct the violations, in accordance with the Lead Law and Regulations, is also subject to punitive damages, which are triple the actual damages found. 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. Repainting Violations of the Lead Law are also violations of the state Sanitary Code. Surfaces from which lead paint or other coatings have been removed have to be repainted under 105 CMR 410.021 of the state Sanitary Code. Deleaded surfaces have to be sealed and made easy to clean. Deleaded surfaces can only be repainted after the surfaces have been reinspected while bare and approved by a licensed lead inspector. Tenants may want to contact the owner if the required repainting is not done. If the owner does not respond, tenants should call the local board of health. C.\WPSW I.EADI"S\GENERAL\GENERALDO(1CLPP95 111000 3 G/,ll y �6 3�t Nei R�. ti � �� � ; �� o��S�S 1 X * * to n � d0 SR C 00 OO T v, N *k" tjro S� t�7 0 k - (A�2) cil UNITED STATES POSTAL SERVICE'_ E S F" F M� _... ............ ......................... . .c:.;..._...._....._........... • Print your n r>ye; �ddf r 2�� First -Class Mail Postage $IFees Paid USPS . �y "1 1 Permit No; G-10 and ZIP C deih'tlirS� box •' J BOARD OF HEALTH 27 CHARLES STREET NORTH ANDOVER, MA 01845 iti,,,,,,1!!„l„I„l►1,1,,,, II,i1,,,t1,„I„if,l„!,!„l,,,!! SENDER: I also wish to receive the follow- ❑ Complete items 1 and/or 2 for additional services. ing services (for an extra fee): Complete items 3, 4a, and 4b. ❑ Print your name and address on the reverse of this form so that we can return this card to you. 1. ❑ Addressee's Address ❑ Attach this form to the front of the mailpiece, or on the back if space does not 2• ❑ Restricted Delivery permit. ❑ 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 delivered. 3. Article Addressed to: ,U7 0, Kr Sf A) V LJGYt A-)4 $5. g'e iv�d Byt'( nt�Jame) Uj UJI 00 6. Signature (Addressee orAgen�rAg�en, 0 PS Form 3811, December 1994 4a. Article Number 4b. Service Type ❑ Registered 5iMertified ❑ Express Mail ❑ Insured ❑ Return Receipt for Merchandise ❑ COD 7. Date of Delivery 2— / 8. Addressee's Address (Onl ff requested and fee is paid) 102595-99-B-0223 Domestic Return Receipt Town of North Andover Office of the Health Department Community Development and Services Division William J. Scott, Division Director 27 Charles Street North Andover, Massachusetts 01845 Sandra Starr Health Director December 15, 2000 Telephone (978) 688-9540 Fax (978) 688-9542 To Owner of Record: Property Location: Pleasant Street Trust 25R Saunders St Atty. Marybeth McGinnis, Executer North Andover, MA 807 Turnpike Street 01845 North Andover, MA 01845 In regards to the Order Letter dated December 7, 2000, concerning the property specified above. The following clarifications and changes shall be noted. According to the State Sanitary code 105 CMR 410.830 (B) please add the following phrase; VIOLATIONS TO BE CORRECTED NO LATER THAN TEN (10) DAYS FROM RECEIPT OF THIS ORDER LETTER OR SUBMIT A CONTRACT IN WRITING WITH A THIRD PARTY WITHIN (5) FIVE DAYS FOR CORRECTIONS AND TO MAKE A GOOD FAITH EFFORT TO SUBSTANTIIALLY CORRECT ALL VIOLATIONS WITHIN (20) TWENTY DAYS OF RECEIPT OF THIS LETTER: Also please amend the following violation to read: 1) There is no second egress 410.450 - Every dwelling unit shall meet requirements of the State building code regarding egress Must add second egress- see attached letter from the Building Inspector 8) The is a child under (6)six years 410.502 of age residing and lead paint is present (see paper work accompanying this Order) As stated in the previous Order; 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 BOARD OF APPEALS 688-9541 BUIILDING 688-9545 CONSERVATION 688-9530 NURSE 688-9543 PLANNING 688-9535 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. An attorney may represent you. You also have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Susan Ford, R.S. Health Inspector Cc: renter, The Fioretti's file ti Date ... Y.1A!L1Y TOWN OF NORTH ANDOVER PERMIT FOR PLUMBING This certifies that .....►...O....Q..- ' c``' 2 z ............................... has permission to perform c. ef.-... r't:��.......................... plumbing,in the building of............................................................................................. at � ....--�.... v t�............-................................................ ort Andover, Mass. Fee3 4-. .. Lic. No C. f.f .. ......... , ...................................................... Q PLUMBING INSPECTOR Check # Q� MASSACHUSETTS UNIFORM APPLICATION FOR A PERMIT TO PERFORM PLUMBING WORK CITY //�a o .*— MA DATEI PERMIT # JOBSITE ADDRESS 111t/'Y 5 NER'S NAME D f &V P OWNER ADDRESS 2 TEL[%�./`�-%� FAX TYPE TYPE OR OCCUPANCY TYPE COMMERCIAL EDUCATIONAL Q RESIDENTIAL PRINT CLEARLY NEW: RENOVATION: El REPLACEMENT: PLANS SUBMITTED: YES E] NO[] FIXTURES Z FLOOR BSM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 BATHTUB CROSS CONNECTION DEVICE DEDICATED SPECIAL WASTE SYSTEM DEDICATED GAS/OIL/SAND SYSTEM DEDICATED GREASE SYSTEM DEDICATED GRAY WATER SYSTEM DEDICATED WATER RECYCLE SYSTEM DISHWASHER DRINKING FOUNTAIN FOOD DISPOSER FLOOR /AREA DRAIN INTERCEPTOR (INTERIOR) KITCHEN SINK LAVATORY ROOF DRAIN w SHOWER STALL SERVICE / MOP SINK TOILET URINAL WASHING MACHINE CONNECTION WATER HEATER ALL TYPES WATER PIPING OTHER INSURANCE COVERAGE: I have a current liability insurance policy or its substantial equivalent which meets the requirements of MGL Ch. 142. YES [] NO IF YOU CHECKED YES, PLEASE INDICATE THE TYPE OF COVERAGE BY CHECKING THE APPROPRIATE BOX BELOW LIABILITY INSURANCE POLICY OTHER TYPE OF INDEMNITY ® BOND El OWNER'S. INSURANCE WAIVER: I am aware that the licensee does not have the insurance coverage required by Chapter 142 of the Massachusetts General Laws, and that my signature on this permit application waives this requirement. CHECK ONE ONLY: OWNER ® AGENT [ SIGNATURE OF OWNER OR AGENT I hereby certify that all of the details and information I have submitted or entered regarding thisapplication rue and accu t he best of my knowledge and that all plumbing work and installations performed under the permit issued for this application will be ' plian wi P inent provision of the Massachusetts State Plumbing Code and Chapter 142 of the General Laws. PLUMBER'S NAME 1, Richard B mes Jr. LICENSE # 1b435 SIG UREr MPE] JPD CORPORATIONQ# 3498 PARTNERSHIP#LLC ®#O COMPANY NAME Nurotoco 1 of MA d.b.a Roto -Rooter ADDRESS 175 Ma le Street CITY I Stoughton _ STATE= ZIP 02072 TEL 781-297-7049 FAX 781-341-8817 CELL 617-212 4589 EMAIL Richard.Byrnes rrsc.com w F O z z 0 F U W a z a d z w O El Z z } o W W o W a sk z LU 3 o a w � a O L z 3 W d N O o a w a ca � J a CL a T W x w I-- U- W F O z z 0 F U W a G7 z �c a a x 0 a The Commonwealth of Massachusetts Department of IndustrialAccidents i Office of Investigations 1 Congress Street, Suite 100 Boston, MA 02114-2017 } www mass.gov/dia Workers' Compensation Insurance Affidavit: Builders/Contractors/Electricians/Plumbers Applicant Information Please Print Legibly Name (Business/Organization/Individual): Nurotoco of MA d.b.a. Roto -Rooter Address: 175 Maple Street ip: Stoughton,MA 02072 Phone #: 1-781-297-7049 Are you an employer? Check the appropriate box: 1. ❑ I am a employer with 66 4. ❑ I am a general contractor and I employees (full and/or part-time).* have hired the sub -contractors 2. ❑ I am a sole proprietor or partner- listed on the attached sheet. ship and have no employees - These sub -contractors have working for me in any capacity. employees and have workers' [No workers' comp. insurance comp. insurance.: required.] 5. ❑ 3. ❑ I am a homeowner doing all work myself. [No workers' comp. insurance required.] t We are a corporation and its officers have exercised their right of exemption per MGL c. 152, § 1(4), and we have no employees. [No workers' comp. insurance required.] Type of project (required): 6. ❑ New construction 7. ❑ Remodeling 8. ❑ Demolition 9. ❑ Building addition 10.❑ Electrical repairs or additions 11.❑ Plumbing repairs or additions 12. ❑ Roof repairs 13. ❑ Other *Any applicant that checks box # 1 must also fill out the section below showing their workers' compensation policy information. t Homeowners who submit this affidavit indicating they are doing all work and then hire outside contractors must submit a new affidavit indicating such. $Contractors that check this box must attached an additional sheet showing the name of the sub -contractors and state whether or not those entities have employees. If the sub -contractors have employees, they must provide their workers' comp. policy number. I am an employer that is providing workers' compensation insurance for my employees. Below is the policy and job site information. Insurance Company Name: Old Republic Insurance Co Policy # or Self -ins. Lic. #: MWC 11826400 Expiration Date: 4/1/2016 Job Site Address: City/State/Zip: Attach a copy of the workers' compensation policy declaration page (showing the policy number and expiration date). Failure to secure coverage as required under Section 25A of MGL c. 152 can lead to the imposition of criminal penalties of a fine up to $1,500.00 and/or one-year imprisonment, as well as civil penalties in the form of a STOP WORK ORDER and a fine of up to $250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of the DIA for insurance coverage verification. I do hereby cert finder t#e ponydij 'penalties of perjury that the information provided aboV is triye and correct. Phone #: v Official use only. Do not write in this area, to be completed by city or town official. City or Town: Permit/License # 1/1 Issuing Authority (circle one): 1. Board of Health 2. Building Department 3. City/Town Clerk 4. Electrical Inspector 5. Plumbing Inspector 6. Other Contact Person: Phone #: Information and Instructions Massachusetts General Laws chapter 152 requires all employers to provide workers' compensation for their employees. Pursuant to this statute, an employee is defined as "...every person in the service of another under any contract of hire, express or implied, oral or written." An employer is defined as "an individual, partnership, association, corporation or other legal entity, or any two or more of the foregoing engaged in a joint enterprise, and including the legal representatives of a deceased employer, or the receiver or trustee of an individual, partnership, association or other legal entity, employing employees. However the owner of a dwelling house having not more than three apartments and who resides therein, or the occupant of the dwelling house of another who employs persons to do maintenance, construction or repair work on such dwelling house or on the grounds or building appurtenant thereto shall not because of such employment be deemed to be an employer." MGL chapter 152, §25C(6) also states that "every state or local licensing agency shall withhold the issuance or renewal of a license or permit to operate a business or to construct buildings in the commonwealth for any applicant who has not produced acceptable evidence of compliance with the insurance coverage required." Additionally, MGL chapter 152, §25C(7) states "Neither the commonwealth nor any of its political subdivisions shall enter into any contract for the performance of public work until acceptable evidence of compliance with the insurance requirements of this chapter have been presented to the contracting authority." Applicants Please fill out the workers' compensation affidavit completely, by checking the boxes that apply to your situation and, if necessary, supply sub-contractor(s) name(s), address(es) and phone number(s) along with their certificate(s) of insurance. Limited Liability Companies (LLC) or Limited Liability Partnerships (LLP) with no employees other than the members or partners, are not required to carry workers' compensation insurance. If an LLC or LLP does have employees, a policy is required. Be advised that this affidavit may be submitted to the Department of Industrial Accidents for confirmation of insurance coverage. Also be sure to sign and date the affidavit. The affidavit should be returned to the city or town that the application for the permit or license is being requested, not the Department of Industrial Accidents. Should you have any questions regarding the law or if you are required to obtain a workers' compensation policy, please call the Department at the number listed below. Self-insured companies should enter their self-insurance license number on the appropriate line. City or Town Officials Please be sure that the affidavit is complete and printed legibly. The Department has provided a space at the bottom of the affidavit for you to fill out in the event the Office of Investigations has to contact you regarding the applicant. Please be sure to fill in the permit/license number which will be used as a reference number. In addition, an applicant that must submit multiple permit/license applications in any given year, need only submit one affidavit indicating current policy information (if necessary) and under "Job Site Address" the applicant should write "all locations in (city or town)." A copy of the affidavit that has been officially stamped or marked by the city or town may be provided to the applicant as proof that a valid affidavit is on file for future permits or licenses. A new affidavit must be filled out each year. Where a home owner or citizen is obtaining a license or permit not related to any business or commercial venture (i.e. a dog license or permit to burn leaves etc.). said person is NOT required to complete this affidavit. The Office of Investigations would like to thank you in advance for your cooperation and should you have any questions, please do not hesitate to give us a call. The Department's address, telephone and fax number: The Commonwealth of Massachusetts Department of Industrial Accidents Office of Investigations 1 Congress Street, Suite 100 Boston, MA 02114-2017 Tel. # 617-727-4900 ext 7406 or 1-877-MASSAFE Revised 7-2013 Fax # 617-727-7749 www.mass.gov/dia ACORU`" CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 03/17/2014 IS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MARSH USA INC. NAME: 525 VINE STREET, SUITE 1600 PHONE FAX CINCINNATI, OH 45202 E-MAIL A/c No): Attn: cincinnati.certrequest@marsh.com ADDRESS: INSURER S 400408-RRSC-GAUW 14-15 00015 INSURER A : OldAFFORDING COVERAGE NAIC k. Republic Insurance Co 24147 INSURED 15 - ROTO -ROOTER SERVICES COMPANY INSURER 6: N/A NIA 175 MAPLE STREET INSURER c : Midwest Employers Casualty Company 23612 STOUGHTON, MA 02072 INSURER D : INSURER E . iucuaco e . COVERAGES CERTIFICATE NUMBER: CLE -003892293-04 REVISION NUMBER:3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED DOCUMENT WITH RESPECT TO WHICH THIS BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN INSR REDUCED BY PAID CLAIMS. A D S BR LTR TYPE OF INSURANCE POLICY NUMBER MM/DICmYY MM/DD EXP A GENERAL LIABILITY MWZY60132 04/01/2014 04/01/2015 IJMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ UAPAAut I0 RENTED 2,000,000 X PREMISES Ea occurrence $ 750,000 CLAIMS MADE OCCUR MED EXP Anyone person) $ 5,000 PERSONAL 8 ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMB APPLIES PER: GENERAL AGGREGATE $ 6,000,000 PRO- X POLICY 17-1 PRODUCTS - COMP/OP AGG $ 6,000,000 LOC '*A AUTOMOBILE LIABILITY$ MWi821957 04101/2014 04101/2015 COMBINED SINGLE LIMIT X ANY AUTO Ea accident 5,000,000 ALL OWNED SCHEDULED BODILY INJURY (Per person) $ AUTOS AUTOS X X NON -OWNED BODILY INJURY (Per accident) $ HIREDAUTOS AUTOS RRTY DAMAGE Pe�ac $ UMBRELLA LU16 OCCUR " $ EXCESS LIAB CLAIMS -MADE EACH OCCURRENCE $ DED RETENTION $ AGGREGATE $ A WORKERS COMPENSATK)N MWC118264 (AOS) 04/01/2014 04/0112015 AND EMPLOYERS' LIABI LITY WC STATU- 0TH- $ C ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N MWC301934 00 (rX) 04/01/2014 04/01/2015 OFFICER/MEMBER EXCLUDED? a N / A C (Mandatory in NH) EWC0063808 (XS OH) 04101/2014 d E.L. EACH ACCIDENT $ 1,000,000 If yes, describe under 04/01/2015 E.L. DISEASE - EA EMPLOYE $ 1,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, H more space is required) EVIDENCE OF INSURANCE CERTIFICATE HOLDER ROTO -ROOTER SERVICES COMPANY 175 MAPLE STREET STOUGHTON, MA 02072 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukher)ee �ioluo�ar.:� ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD