HomeMy WebLinkAboutMiscellaneous - 333 WAVERLY ROAD 4/30/2018\�
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Sawyer, Susan
From: Tim O'Neil <TimONeil @wcicommunities.com>
Sent: Friday, March 06, 2015 12:39 PM
To: Sawyer, Susan
Subject: RE: Correction Order
Attachments: O'Neil Agreement for Judgment.pdf
Hi Susan,
Please find attached agreement. Thanks again, it was a pleasure speaking with you today.
Best,
Tim O'Neii
Construction Manager
WCI Communities, Inc.
239.777.8268 (cell)
From: Sawyer, Susan [mailto:ssawyer@townofnorthandover.com]
Sent: Friday, March 06, 2015 12:13 PM
To: Tim O'Neil
Subject: RE: Correction Order
Thank you Tim,
I was just thinking; for proof for the file, could get us a copy of the final stipulation or agreement?
Thank you,
Susan
From: Tim O'Neil [mailto:TimONeilOwcicommunities.com]
Sent: Friday, March 06, 2015 11:50 AM
To: Sawyer, Susan
Subject: Correction Order
Hi Susan,
1 received the correction order for 333 Waverly Road in North Andover. I would like an extension please. The tenant
agreed yesterday to vacate the property on March 31, 2015. 1 am hoping to be able to enter my home on April 1 to
assess the damage from my former tenants/ squatters. I do not intend to rent the property again.
Thanks,
Tim O'Neii
Construction Manager
1
Blackburn, Lisa
From: Sawyer, Susan
Sent: Thursday, April 02, 2015 3:04 PM
To: Grant, Michele; Blackburn, Lisa
Subject: FW: 333 Waverly Rd
Lisa, pls put in the file
Thx
S
From: Tim O'Neil fmailto:TimONeilCd)wcicommunities.com]
Sent: Thursday, April 02, 2015 1:15 PM
To: Sawyer, Susan
Subject: 333 Waverly Rd
Hi Susan,
I would like another extension regarding the Order Letter at 333 Waverly Rd. At this point l am unsure the status of the
family squatting in my house. They have not yet returned the keys at ordered by the court.
Thanks,
Tim O'Nei/
Construction Manager
WCI Communities, Inc.
2520 Tiburon Drive
Naples, FL 34109
239.593.9199 (direct) 239.777.8268 (cell)
239.596.0979 (fax)
For a// service requests, please emaii.CustomerCare@WCrCommunities.com
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Postage $ 0 U
Ceffified Fee �� ; ar� U
Postm
Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee
(Endorsement R.qu,.d)
TbtW Postage & Fees 1 $
Sent To
or PO Box No.
Certified Mail Provides:
• A mailing receipt
• A unique identifier for your mailpiece
• A record of delivery kept by the Postal Service for two years
Important Reminders:
• Certified Mail may ONLY be combined with First -Class Mails or Priority Mails.
• Certified Mail is not available for, any class of international mail.
• NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For
valuables, please consider Insured or Registered Mail.
• For an additional fee, a Return Receipt may be requested to provide proof of
delivery. To obtain Return Receipt service, please complete and attach a Return
Receipt (PS Form 3811) to the article and add applicable postage to cover the
fee. Endorse mailpiece "Return Receipt Requested". To receive a fee waiver for
a duplicate return receipt, a USPS9 postmark on your Certified Mail receipt is
required.
• For an additional fee, delivery may be restricted to the addressee or
addressee's authorized agent. Advise the clerk or mark the mailpiece with the
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• If a postmark on the Certified Mail receipt is desired, please present the arti-
cle at the post office for postmarking. If a postmark on the Certified Mail
receipt is not needed, detach and affix label with postage and mail.
IMPORTANT: Save this receipt and present it when making an inquiry.
PS Form 3800, August 2006 (f?everse) PSN 7530-02-000-9047
99Y'Z7zY
i E COPY
North Andover Health Department
Community Development Division
Date: March 10, 2015
To: Owner/Aizent of Record: Property Location:
Tim O'Neil 333 Waverly Rd.
1383 Chesapeake Ave. North Andover, MA 01845
Naples, FL 34102
Dear Mr. O'Neil,
The Health Department has received your extension request regarding the Order Letter, dated
March 4, 2015, issued to your property listed above. In your request you stated that, "The tenant
agreed yesterday to vacate the property on March 31, 2015....I do not intend to rent the property
again."
Please be advised that it is a violation of the MA Human Habitation code, 105 CMR 410.000 to
rent a property with known violations.
You are hereby granted an extension to April 3, 2015. If the property is vacant at that time and
you are still planning not to rent the property please notify this office again with your intentions.
Your letter should indicate that you are aware of the requirements of the MA code. If you are
unsure of the plans and still need time, you may again request an extension of time for
completion.
Failure to comply may result in further legal action. Thank you for your cooperation in this
matter.
Sinc ly,
san SaN
ealth Di,
Cc: file
Page 1of1
North Andover Health Department, 1600 Osgood Street, Suite 2035,
North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476
AU
.14
Blackburn, Lisa
From: Sawyer, Susan
Sent: Tuesday, March 10, 2015 9:39 AM
To: Blackburn, Lisa
Subject: FW: Correction Order
Attachments: O'Neil Agreement for Judgment.pdf
From: Tim O'Neil [mailto:TimONeil@wcicommunities.com]
Sent: Friday, March 06, 2015 12:39 PM
To: Sawyer, Susan
Subject: RE: Correction Order
Hi Susan,
Please find attached agreement. Thanks again, it was a pleasure speaking with you today.
Best,
Tim O'Neii
Construction Manager
WCI Communities, Inc.
239.777.8268 (cell)
From: Sawyer, Susan [mailto:ssawyer@townofnorthandover.com]
Sent: Friday, March 06, 2015 12:13 PM
To: Tim O'Neil
Subject: RE: Correction Order
Thank you Tim,
I was just thinking; for proof for the file, could get us a copy of the final stipulation or agreement?
Thank you,
Susan
From: Tim O'Neil [mailto:TimONeil@wcicommunities.com]
Sent: Friday, March 06, 2015 11:50 AM
To: Sawyer, Susan
Subject: Correction Order
Hi Susan,
I received the correction order for 333 Waverly Road in North Andover. I would like an extension please. The tenant
agreed yesterday to vacate the property on March 31, 2015. 1 am hoping to be able to enter my home on April 1 to
assess the damage from my former tenants/ squatters. I do not intend to rent the property again.
1
Thanks,
Tim O'Neii
Construction Manager
WCI Communities, Inc.
2520 Tiburon Drive
Naples, FL 34109
239.593.9199 (direct) 239.777.8268 (cell)
239.596.0979 (fax)
For all service requests, please email CustomerCareOWCICommunities com
2
8. The parties further agree as follows
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g. The:parties:are to appear in court on
at
o, clock
for review on compliance with this agreement.
1p , If either..- arty alleges that: the other part Pias `failed to
Y
-°' comply ;with the terms and:conditions of this Agreement, s/he
..may mark a :'.hearn for enforcement of the ..Agreement or ,for
y. g
iasuance :of 'execution upon three ;:business days :.writ en notice
to the.. other :.party :and f iled with .:the .court :.The -three - ,day
period begins when the :other si, e receives notice Unless
otherwise _agreed::notice :is' to be delivered rather than mailed.
CE...APPROVED BY THE .JUDGE, THIS AGREEMENT BECOMES A COURT
,ORDER:'AND :BOTH PARTIES ARE •LEGALLY" REQUIRED TO -FOLLOW IT.
' lease consult the ,housing -spec alist.
` If/questions arise, .p
;� I TTNDERSTAND . THAT I
HAVE:, THE RIGHT TO :. �i ,:HEARING ON. MY CASE
BEFORE A .JUDGE, BUT .:INSTEAD I CHOOSE, T.O SIGN THIS P.GREENlENT:
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Sig, _ _rand d tetl�k f
enarit
Signed and dated by Lndlord
,l
1r'''• � f `�/ ' 3
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,; ^ ,_
- Defen ant's -Attorney
la1ntif �'A�Ypr �y
it ;+1�•'' "+.+ ,d/y/'t..� � \ // l / / l ,., / -
. Jud
?Housing :.Specialist;/ F`
;7oriathan A_ ,Paleologos
COPIESM
'�iSIVEN) , AILED) TO PARTIES ON
Town of North Andover
CORRECTION O R D E R for HOUSING INSPECTION
Issued under the provisions of
The State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation 105 CMR 410.00
Date: March 4, 2015
To: Owner/Agent of Record:
Tim O'Neil
1383 Chesapeak Ave.
Naples, FL 34102
Property Location:
333 Waverly Rd.
North Andover, MA 01845
An authorized inspection was made of your property at the above address on March 2, 2015.
This inspection revealed violations of the State Sanitary code, Chapter II, as listed below.
If identified as such, 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
North Andover Health Department, 1600 Osgood Street, Suite 2035
North Andover, MA 01845 Phone: 978.688.9540
Fax: 978.688.8476
Page 1 of 3
Regulation #
Description
✓ if conditions may
Time limit for
endanger or impair
health, safety or
compliance
well-being
.500, .351
Excessive paint chipping/peeling in 1' floor
Identify source. Owner must
bedroom
repair within 7 days or
- Owner must maintain ceilings free from
contact a contractor for
defect
work. Completion is to be
Repair Ceiling
within 30 days.
.500, .351
Water infiltration on living room ceiling
Owner must repair within 7
- Owner must maintain ceilings free from
days or contact a contractor
defect
for work. Completion is to
Owner must identify source, remediate or
be within 30 days.
remove ceiling as needed and restore ceiling
.501, 480
Owner must repair within 7
Left and right front windows are painted shut in
days or contact a contractor
dining room.
for work. Completion is to
Window in 1St fl. bedroom does not remain open
be within 30 days.
independently.
Bathroom window hard to open.
Some windows do not contain proper locks
- Windows must be kept weathertight, in
good repair and in every way fit for use
intended.
- Windows need to open and close fully
without excessive effort.
Evaluate all windows throughout home for
compliance with the sanitary code.
North Andover Health Department, 1600 Osgood Street, Suite 2035
North Andover, MA 01845 Phone: 978.688.9540
Fax: 978.688.8476
Page 1 of 3
333 Waverly Road, North Andover, MA
March 4, 2015
A81
No Posting of name of owner. Per code;
Owner must place posting
- An owner of a dwelling which is rented for
within 7 days.
residential use, who does not reside therein
and who does not employ a manager or
agent for such dwelling who resides therein,
shall post and maintain or cause to be
posted and maintained on such dwelling
adjacent to the mailboxes for such dwelling
or elsewhere in the interior of such dwelling
in a location visible to the residents a notice
constructed or durable material, not less
than 20 square inches in size, bearing his
name, address and telephone number.
Where the owner employs a manager or
agent who does not reside in such dwelling,
such manager or agent's name, address and
telephone number shall also be included in
the notice. (See M.G.L. c. 143, § 3S.)
Post as required
410.352 (B)
Premise found in unclean, unsanitary and cluttered
Tenant must clean and
condition. Floors cluttered, dirty walls, floors,
maintain the premise free
bathroom fixtures, baseboards, doors etc
from debris and clutter
- Every occupant of a dwelling unit shall
keep all toilets, wash basins, sinks, showers,
bathtubs, stoves, refrigeration and
dishwashers in a clean and sanitary
condition.
Tenant/occupant shall clean premise of debris,
dirt, dust, clutter etc. Bathroom fixtures shall be
cleaned.
.505
Upstairs bedroom; left. Exterior wall damaged.
Tenant must repair wall
Bashed or punched in area approximately 2 feet
within 7 days
diameter. In two locations.
- The occupant shall exercise reasonable care
in the use of the floors, walls, doors,
windows, ceilings, roof ... and other
structural elements of the dwelling.
Tenant must repair wall.
Page 2 of 3
North Andover Health Department, 1600 Osgood Street, Suite 2035
North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476
333 Waverly Road, North Andover, MA
March 4, 2015
,f
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. 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 be informed of
the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to
be heard. The petitioner has the right to be represented at the hearing to present evidence as to why part or all
of the Order Letter conditions should be rescinded.
Health
List Attachments: tenant's rights doc.
Cc: Owner: sent certified mail and regular mail
Occupant: sent regular mail delivery
Page 3 of 3
North Andover Health Department, 1600 Osgood Street, Suite 2035
North Andover, MA 01845 Phone: 978.688.9540 Fax: 978.688.8476
r1
410.990: continued
THE FOLLOWING IS A 13RIEF SUN 4ARY OF SOME OF THE LEGAL REMEDIES TENANTS KkY USE IN
ORDER TO GET 1401t TSTNG CODE VTOLATTONS CORRF.CTF.T).
1. Rent Withholding (General Lams Chapter 239 Section SA).
f Code 11iolations Are. Not Being Corrected your lnay be entitled to hold backyour rent pmanent. You can do
(his avilhoul being ea:iclerl if
A. You can prove that your dw,all ing unit or common areas contain <<iolations which are Ceriom enough to
endanger or materially impair your healtli or safety and that your landlord knew an=bout the violations
before you were behind in your rent.
13. You did not cause the violations and they can be repaired while you continue to lure in the building.
C. You are prepared to pay any portion of the rent into cowll if a judge orders you to pay for it. (for this it is
best to put the rent money aside in a safe place.)
2. Repair and Deduct (Central Laws Chapter 111 Section 127L).
This law sometimes allows you to Ilse your rent money to snake die repairs yourself if your local code
er fwcerneni agency certifies tha.l there are code violations which eudannger or materially impair your lieallh, safety
or well-being and your landlord has received writtennotice of the violations, you maybe able to use this remedy. If
the owner fail; to begin necessary repairs (or enter into a u- itten contract to have them made) within five days after
notice or to complete repairs within 14 days after notice you can use up to four months' rent in any year to make the
repairs.
3. Retaliatory Rent Increases or Eviction Prohibited (General Laws Chapter 186, Section Ii and Chapter T39
SCCliOR 2A).
The owner may not increase your rent or evict you in retaliation for making a complaint to your local code
enforcement agency about code violations. If the owner raises your rent or tries to evict within six months afteryou
have made the complaint he or she will have to show a good reason for the increase or eviction which is wrelated to
your complaint, You may be able to sue the landlord for damages if he or she tries this.
4. Rent Receivership (General Laws Chapter 111 Sections 127C -H).
The occupants anclfor the board of health u-iay petition the District or Superior Court to allow rent to be paid
into court rather than to the owner, The court may then appoint a "receiver" alio may spend as much of the rent
money as is needed to correct the violation. The receiver is not subject to a spending limitation of four nnontlus' rent.
5. Search of Warrant, of Habitability.
You may be entitled to sue your landlord to have :all or some of your rent returned if your dxelliug unit does net
meet mininnam.standards of habitability.
6. Unfair and Deceptive Practices (General Laws Chapter 93A)
Renting an apartment with core violations is a violation of the consumer protection act and re dations i'or
which you may sue an owner.
THE INFORMATION PRES2NIT'ED ABOVE IS ONLY A SLNMARY OF THE LAW, BEFORE YOU DECIDE
TO wITHHOLD YOUR RENT OR TAKE ANY LEG?.L ACTION. IT IS ADVISABLE THAT YOU CONSULT
AN ATTORNEY, YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS:
( gAME) (TELEPHONE NUMBER)
(ADDRESS)
Rev. 5-6-10 Page 4 of _
NORTH AND(?YER HE ,DE PARTM -
rn !� 27 Charl treet Orth er, 845
TeJ!978 6 -9540 • Fax: 978 688-9542
1 / email: healthdept@townofnorthandover.co�
i Ce OU d 5 n� �--(
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Complaint Investi anon/Inspection Report
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North Andover Board of Assessors Public Access
Page 1 of 1
NORTH
North. Andover Board of Assessors
It
•
SS^CMU5�S
- � � roperty Record Card
Click Seal To Return
Parcel ID :210/011.0-0036-0000.0 FY:2014 Community: North Andover
Search for Parcels
Search for Sales
Summary
Residence
Detached Structure
Condo
Commercial I
Location: 333 WAVERLY ROAD
Owner Name: O'NEIL, TIMOTHY P
Owner Address: 9293 TROON LAKES DRIVE
City: NAPLES State: FL Zip: 34109
Neighborhood: 5 - 5 Land Area: 0.24 acres
Use Code: 101-SNGL-FAM-RES Total Finished Area: 1400 sqft
ASSESSMENTS CURRENT YEAR PREVIOUS YEAR
Total Value: 291,000 291,000
Building Value: 129,200 129,200
Land Value: 161,800 161,800
Market Land Value: 161,800
Chapter Land Value:
http://csc-ma.us/PROPAPP/display.do?linkld=2431849&town=NandoverPubAcc 2/11/2015
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 Report
OWNER
ADDRESS
UI�f: 4
Rev. 6/04 INSPECTOR
NORTH ANDOVER HEALTH DEPARTMENT
27 Charles Street a North Andover, MA 01845
Tel. 978 688-9540 a Fax: 978 688-9542
email: healthdept@townofnorthandover.com
Complaint Investigation/Inspection Report
OWNER
ADDRESS
DATE
Rev. 6/04 INSPECTOR