HomeMy WebLinkAboutMiscellaneous - 310 WINTER STREET 4/30/2018 (2)0
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Town of North Andover
CORRECTION O R D E R for HOUSING INSPECTION �' y' %..0 t
Issued under the provisions of
The State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation 105 CMR 410.00
Date: April 23, 2015
To: Owner/Agent of Record: Property Location:
J.0 Gemmell Realty Trust 310 Winter Street
r
Josephine C Gemmell, Trustee North Andover, MA 01845
4 Tamys Lane
Andover, MA 01810
An authorized inspection was made of your property at the above address on April 16, 2015.
This inspection revealed violations of the State Sanitary code, Chapter Il, as listed below.
Owner must address issues deemed to endanger immediately, then along with other items repair within seven
days or contact a contractor for work and submit proof of contract within seven days. Proof of contract to be
completed within 30 days. A re -inspection will be scheduled for seven days after receipt of the order letter for
corrective action. Failure to act will result in further action.
105 CMR 410.000
Kitchen
Regulation #
Description
✓ if conditions may
Time limit for
endanger or impair
health, safety or
compliance
well-being
.501 VExterior
kitchen door — gap at base
Owner must repair within
- Owner must ensure all door to the outside
7 days or contact a
be weather tight
contractor for work.
eliminate gaps around door
Completion is to be within
30 days.
Garage
.500
Garage door has major gaps that could allow
Owner must repair within
rodent entry.
7 days or contact a
- Owner must maintain structure free from
contractor for work.
defect and must ensure all door to the
Completion is to be within
outside be weather tight
30 days.
Eliminate gaps
.500 V
of Ceiling around Chimney water stained; possible
Owner must repair within
infiltration source;
7 days or contact a
- Owner must maintain ceilings free from
contractor for work.
defect
Completion is to be within
Investigate chimney flashing for possible
30 days.
infiltration. Repair as needed
.501
Door from unheated garage into the kitchen is not
Owner must repair within
an exterior door and not adequate to keep the cold
7 days or contact a
out
contractor for work.
'
- Owner shall have weather tight, solid
Completion is to be within
exterior doors
30 days.
Replace door with proper exterior type door and
ensure that there are not excessive gaps around the
door
Living Room
.501 B
Front Door has gap around the door allowing cold
Owner must repair within
to infiltrate
7 days or contact a
- Owner must ensure all doors to the
contractor for work.
outside be weather tight
Completion is to be within
eliminate gaps around door
30 days.
Bathroom
.504/floor
tile cracked by tub — sub floor under tile has
Owner must repair within
been water damaged from continued water entry.
7 days or contact a
Source likely from tub which has slight tilt
contractor for work. Has
towards the floor. (observed water infiltration
max 30 for complete
from basement)
correction
- Owner is responsible for maintain all
floors in good condition, cleanable and
non-porous
Repair sub-floor, tile and address water
source from tilt in tub.
.504/Tub
faucet loose; not sealed
Owner must repair within
- Plumbing fixtures must be maintained
7 days or contact a
Owner must repair as needed
contractor for work. Has
max 30 for complete
correction
.504
rout has gaps between tub and walls allowing
Owner must repair within
water infiltration
7 days or contact a
- Grout should be maintained in
contractor for work. Has
manner to reduce water infiltration
max 30 for complete
Area must be cleaned and grouted where
correction
needed
Basement
.503
Basement stairway railing at base starting to get
Owner must repair within
loose
7 days or contact a
- Must be maintained in safe condition
contractor for work. Has
Repair stairway railing as needed
max 30 for complete
correction
.501 B
xterior door basement— gaps on 3 edges
Owner must repair within
- Owner must maintain structure free from
7 days or contact a
defect and must ensure all door to the
contractor for work.
outside be weather tight
Completion is to be within
Eliminate gaps
30 days.
You are hereby ORDERED to correct these violations within the noted time limit. Failure to comply within the
allotted time period, or subsequent violations, may result in a criminal complaint against you. You have a right
to request a hearing before the Board of Health/Health Director. This request must be made by you, in writing,
and filed within seven days after the day this order was served. If you request a hearing, all affected parties will
b'e informed of the date, time and place of the hearing and of their right to inspect and copy all records
concerning the matter to be heard. The petitioner has the right to represented at the hearing. Conditions exist
which may permit the occupant of the dwelling to exercise one or more statutory remedies.
4�
Susan Sa , RS
4
Health Director
List Attachments: tenant's rights doc.
State delivery method to Owner: certified mail and regular mail
and Occupant: regular mail delivery
Cc: tenant
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North Andover Health Department
Community and Economic Development Division
Letter of Compliance
DATE: July 30, 2015
TO OWNER OF RECORD PROPERTY LOCATION
Josephine Gemmell 310 Winter Street
4 Tamys Lane North Andover, MA 01845
Andover, MA 01810
A Health Department ORDER LETTER dated April 23, 2015 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. Re -inspections of the property
have found that all of the violations noted on the Order Letter have been corrected. Thank you
for your cooperation in this matter.
Sincerely,
Susan Y. S , RS
Public Health Oirector
1600 Osgood Street, Unit 2035, North Andover, Massachusetts 01845
Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com
Replace froM entry door Doors be
Cost or door $565,00 / labor b550.0
The front door vAN be a Themta Tru
door
Before August 1st
+.'30.00 / tran $125.00 nein" eu g storm door$S
/stem with 4 lights, reuse edsbW storm t poss,149 _
fire door,
1 disposal $30.00 /trim S60 00 c
work completed 6115
repairs to house, new weatrer stripping on 2 doors, new weather stripping on garage door, repair cements floor in garage door, repair ceiling in
stain bkhok water stains in garage, fa basement window, seaae racing on basement railing,
Materials and tabor $645.00
Pennit $ 90.00 1
Ail material is guars to be as sp iffed, and the a work to be performed In wlfh drawPngs and
—;
specftxU ns subm for above and completed . a substanttal orkmaMikeMS
for the s of _ _ _
__
PL E 4dSE MA, CHECK UT TO _L_A_NS'-;TRUCTI
with sjmen follows _ m
�� Due at completion $3323.
s L i� 1 Submitted tN
_GREGORY
OF ZALANS
aceptanee of Proposal
The above priOM speeifioatlons and conditions are satisfactory and are hereby accepted. You are authorized
to do the work specified a . Payments wilt be made ned above.
Accepted by:
E Please note: This i
.�� pr4w t be rawn by us R amepted wk* i 30 days
E
[ALAN,SKAS
ONSTR CTION
��``�` 34 BI CH ROAD (
ANDO MA 01810
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97 35x184
ZA S C S
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1
� +
QUOTE 24
Order
Date 7/20/15
QUOTE SUBMITTED
t
_
1
— �__ _.
WORK TO BE RFORMED AT.
i
Mame Gemmell Name SAME
Address 310 Winter Strheef Address
cky.state NorM Andover MA manned Dace 1 1
Prone
emal
�Desaiotion:
._ _.. _..___ __ _ _ _ _t _ __�._ ; - --A
Job
Replace froM entry door Doors be
Cost or door $565,00 / labor b550.0
The front door vAN be a Themta Tru
door
Before August 1st
+.'30.00 / tran $125.00 nein" eu g storm door$S
/stem with 4 lights, reuse edsbW storm t poss,149 _
fire door,
1 disposal $30.00 /trim S60 00 c
work completed 6115
repairs to house, new weatrer stripping on 2 doors, new weather stripping on garage door, repair cements floor in garage door, repair ceiling in
stain bkhok water stains in garage, fa basement window, seaae racing on basement railing,
Materials and tabor $645.00
Pennit $ 90.00 1
Ail material is guars to be as sp iffed, and the a work to be performed In wlfh drawPngs and
—;
specftxU ns subm for above and completed . a substanttal orkmaMikeMS
for the s of _ _ _
__
PL E 4dSE MA, CHECK UT TO _L_A_NS'-;TRUCTI
with sjmen follows _ m
�� Due at completion $3323.
s L i� 1 Submitted tN
_GREGORY
OF ZALANS
aceptanee of Proposal
The above priOM speeifioatlons and conditions are satisfactory and are hereby accepted. You are authorized
to do the work specified a . Payments wilt be made ned above.
Accepted by:
E Please note: This i
.�� pr4w t be rawn by us R amepted wk* i 30 days
k
North Andover Health Department
(ommunity Development Division
Date: May 5, 2015
To: Owner/Agent of Record:
J.0 Gemmell Realty Trust
Josephine C Gemmell, Trustee
4 Tamys Lane
Andover, MA 01810
Dear Ms. Gemmell,
Property Location:
310 Winter Street
North Andover, MA 01845
The Health Department received your request regarding the certified Order Letter dated April 23, 2015
that was received by you on April 29, 2015. Accompanying the request you submitted a signed
"Agreement to cancel lease" signed by all parties involved. In light of the circumstances noted in the
request, the extension of 45 days for the corrective action appears reasonable and has been granted due to
the following conditions.
1) The Agreement to terminate the lease states it is to be executed on June 22, 2015. This agreement
was signed on March 10, 2015, prior to the request for the health inspection.
2) The Housing order letter cited only conditions that are not deemed "condition to endanger".
Postponing repair work does not pose a hardship to the renter.
3) Executing the repairs, once vacated, will provide less inconvenience to the current renter's daily
activities.
A landlord may not rent a home with known violations. If a new renter is found, this fact must be
disclosed prior to signing any agreement and the home may not be occupied by a new renter until the
Health Department has issued a Certificate of Compliance. It is your responsibility to keep the Health
Department appraised of any changes in the status of the home. Thank you for your anticipated operation.
jSincly,
�XDire;or
Heal
cc: Tenant
Page 1 of 1
North Andover Health Department, 1600 Osgood Street, Suite 2035,
North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476
AGREEMENT TO CANCEL LEASE
Josephine Gemmell of 4 Tamys Lane, Andover, Massachusetts 01810 (the
"Landlord'I, and Paul & Annette DeFarias of 310 Winter Street, North Andover,
Massachusetts 01845 (the "Tenant") have previously entered into a lease agreement
dated November 13, 2014, for Teal estate located at 310 Winter`Street; Nor`tli
M Andover, Massachusetts 01845. By mutual agreement, the parties have decided that
- the lease agreement will terminate on June 22, 2015. All rights, duties and
obligations to lease the premises will expire at that time. However, all other
provisions of the original lease agreement, including default remedies, will survive,
subject to the revised date of termination.
In addition, Paul & Annette DeFarias agree to allow the property at 310 Winter
Street, North Andover Massachusetts 01845, to be shown, with notice, by Realtors
for the period starting May 1, 2015, for the purpose of finding a replacement tenant
for the property. The tenant will vacate the property during the showings and keep
the property in good condition as outlined by the landlord.
This agreement will be signed by Josephine Gemmell and by Paul & Annette
DeFarias.
Dated:
Landlord:
T ephi a Gemmell
Tenant: {`
Paul DeFarias
—all
f<�
Annette DeFarias
Sawyer, Susan
From:
Sent:
To:
Cc:
Subject:
Attachments:
Attention: Ms. Susan Sawyer
Health Director
Town of North Andover
North Andover, MA 01845
Dear Susan:
John Ross <jhrossandma@gmail.com>
Wednesday, April 29, 2015 5:31 PM
Sawyer, Susan
Kara; Dodie
310 Winter Street No. Andover MA
Early Termination - 310 Winterjpeg
April 28, 2015
I am writing this letter on behalf of Josephine Gemmell of Andover, MA in response to the Correction Order
for Housing Inspection issued by your office against the property located at 310 Winter Street North Andover,
MA on April 23rd 2015. Josephine Gemmell is my mother-in-law and I manage this property for her.
With respect to your report, none of the findings were identified as conditions which may endanger or impair
health safety or well-being. Accordingly, we respectfully request that we are able to address these findings
when the property is vacant. The current tenants are vacating the property on June 22nd 2015 (see attached
document "Agreement to Cancel Lease") and we believe it is in the best interest of all involved to resolve these
findings at that time.
We would like to request an extension of an additional 45 days to rectify all ten (10) findings in your
report. Repairs would be completed by July 15th 2015.
It's worth noting that the majority of findings in your report were discussed with the current occupants and
plans were underway to address each item. It was during that process that the tenants expressed their desire to
terminate their lease early and vacate the premises at the end of the school year. In exchange for terminating the
lease early, both parties agreed that no further action was required on any of the items identified. It wasn't until
the tenants asked for additional considerations that these issues became health concerns and your office was
contacted.
Our request is intended to minimize any inconvenience these repairs may cause to the tenants while allowing us
adequate time to schedule the necessary resources. We believe this to be the best approach for all involved.
If you have any questions or would like to discuss this request in person, please feel free to contact me directly.
Thanks, in advance, for your consideration and please confirm receipt of this message.
Sincerely,
John Ross
6 Tamys Lane
Andover, MA 01810
(H) 978.475.2446 (M) 508.878.3262
Cc: Josephine Gemmell, Kara Ross
S Complete items 1, 2, and 3. Also complete A;
item 4 if Restricted Delivery is desired. X
■ Print your name and address on the reverse
so that we can return the card to you. B.
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or on the front if space permits.
1. Article Addressed to:
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(Transfer from service
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Permit No. G-10
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• Sender: please print your name, address, and ZIP+40 in this box•
NORTH ANDOVER HEALTH DEPT.
1600 Osgood Street, Suite 2035
North Andover, MA 01845
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Important Reminders:
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NORTH ANDOVER HEALTH DEPARTMENT
27 Charles Street • North Andover, MA 01845
Tel. 978 688-9540 • Fax: 978 688-9542
email: healthdept@townofnorthandover.com
Complaint Investigation/Inspection Re ort
3, DSf-
Rev. 6104NSPE ORs
AGREEMENT TO CANCEL LEASE
Josephine Gemmell of 4 Tamys Lane, Andover, Massachusetts 01810 (the
"Landlord'), and Paul & Annette DeFarias of 310 Winter Street, North Andover,
Massachusetts 01845 (the "Tenant") have previously entered into a lease agreement
dated November '13, 2014, for real estate located at 310 Winter"Street, North
Andover, Massachusetts 01845. By mutual agreement, the parties have decided that
the lease agreement will terminate on June 22, 2015. All rights, duties and
obligations to lease the premises will expire at that time. However, all other
provisions of the original lease agreement, including default remedies, will survive,
subject to the revised date of termination.
In addition, Paul & Annette DeFarias agree to allow the property at 310 Winter
Street, North Andover Massachusetts 01845, to be shown, with notice, by Realtors
for the period starting May 1, 2015, for the purpose of finding a replacement tenant
for the property. The tenant will vacate the property during the showings and keep
the property in good condition as outlined by the landlord.
This agreement will be signed by Josephine Gemmell and by Paul & Annette
DeFarias.
Dated: �� Q
Landlord:
r.✓
J ephi a Gemmell
Tenant:
Paul DeFarias
—UI
Annette DeFarias
Sawyer, Susan
From:
Sent:
To:
Cc:
Subject:
Attachments:
Attention: Ms. Susan Sawyer
Health Director
Town of North Andover
North Andover, MA 01845
Dear Susan:
John Ross <jhrossandma@gmail.com>
Wednesday, April 29, 2015 5:31 PM
Sawyer, Susan
Kara; Dodie
310 Winter Street No. Andover MA
Early Termination - 310 Winter jpeg
April 28, 2015
I am writing this letter on behalf of Josephine Gemmell of Andover, MA in response to the Correction Order
for Housing Inspection issued by your office against the property located at 310 Winter Street North Andover,
MA on April 23`d 2015. Josephine Gemmell is my mother-in-law and I manage this property for her.
With respect to your report, none of the findings were identified as conditions which may endanger or impair
health safety or well-being. Accordingly, we respectfully request that we are able to address these findings
when the property is vacant. The current tenants are vacating the property on June 22nd 2015 (see attached
document "Agreement to Cancel Lease") and we believe it is in the best interest of all involved to resolve these
findings at that time.
We would like to request an extension of an additional 45 days to rectify all ten (10) findings in your
report. Repairs would be completed by July 15th 2015.
It's worth noting that the majority of findings in your report were discussed with the current occupants and
plans were underway to address each item. It was during that process that the tenants expressed their desire to
terminate their lease early and vacate the premises at the end of the school year. In exchange for terminating the
lease early, both parties agreed that no further action was required on any of the items identified. It wasn't until
the tenants asked for additional considerations that these issues became health concerns and your office was
contacted.
Our request is intended to minimize any inconvenience these repairs may cause to the tenants while allowing us
adequate time to schedule the necessary resources. We believe this to be the best approach for all involved.
If you have any questions or would like to discuss this request in person, please feel free to contact me directly.
Thanks, in advance, for your consideration and please confirm receipt of this message.
Sincerely,
John Ross
6 Tamys Lane
Andover, MA 01810
(H) 978.475.2446 (M) 508.878.3262
Cc: Josephine Gemmell, Kara Ross