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HomeMy WebLinkAboutMiscellaneous - 383 ABBOTT STREET 4/30/2018N L l ' r - a Al lk Awl. tt ,� '► ' s�- � �/} .� �� � �� . �� �� / � drr �L t ` //'i,' g `//..,.; a � '.� /. 't :a•"µ3 ,�I� �.;,+�. � ^ �� r,. .(h�i • � Ott .� l� .:� .� , f,� / „!►' s{ `f t / - ;. .� � •� i' J �YN ",j a �•��� �� � ,ted as ��J _ .NOR qk A_ AN nm �e- kL � T'a'i • • w OW 'i � ' i - . � � 1� �. i v � � � • _ , ��1 :p � � i . � �'�f' .;�. r ? „� ' f a. - " .r. � �� :7, _y ��. f. ;, r �� ' . `� � � r AN tlk. lk'.i IF Ll Ar "T , \ `� � � , �•�, ' -ate . '-�'�+' �-.L n i j Y ` �� ' ��•-"kms `_ "1- T . ," . .� �_•• � / � +.aye _ � 1, m�t2 - - - 0 qp Ww 4XI7 I, fi A r 1 s Q AN - JA VV ol 4Pf E •�.�� sib'. • �„ f� +wAll { i r+ir' t t 1 f. 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Also complete item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Fly eI- To5erh 393 A b K -H //c.AqQ�v e V; A Ver 1 0. St- d A. Received by (Please Print Clearly) I B. Date of Delivery C. Signature El Agent X ❑ Addressee D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Copy from service label) z 3170 7 4 g 1 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 UNITED STATES POSTAL SERVICE I I I First -Class Mail Postage & Fees Paid USPS Permit No. G-10 • Sender: Please print your name, address, and ZIP+4 in this box • BOARD OF WALYN 27(�IA L SSMEET NORM ANDM, mA we a Lu Ln Lf) 0 a. cl; U'l Ln C=) C, I— CCS j 0 a Town of North Andover o, AO TF1 Office of the Health Department F: ,•',� . Community Development and Services Division 27 Charles Street ,r North Andover, Massachusetts 01845 AGMUS��� Sandra Starr Health Director ORDER LETTER October 5, 2001 Faye and Joseph Averka 383 Abbott Street North Andover, MA 01845 RE: Sewer Tie -In Dear Resident: Telephone (978) 688-9540 Fax(978)688-9542 Our records indicate that your property is currently in non-compliance with the North Andover Board of Health Regulation regarding sewer tie-in. It appears the sewer tie-in fee has been paid to the North Andover Department of Public Works but the actual tie- in has not taken place. Your subsurface disposal system is in violation of 310 CMR 15.303(1)(a)(2) " there is discharge of effluent directly or indirectly to the surface of the ground through ponding, surface breakout or damp soils above the disposal area... " Since the current system is failing to protect public health, safety and the environment, you are hereby ORDERED to immediately connect to the municipal sewer system. The connection must be completed before December 24, 2001. Failure to connect by the aforementioned date will result in legal action that may result in the condemnation of the dwelling. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven (7) days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You also have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. BOARD OF APPEALS 688-9541 BLULDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 If you have any questions, please feel free to call the Health Department Monday - Friday between 8:30 and 4:30 at 978-688-9540. Sincerely, Sandra Starr, R.S., CHO Health Director cc: Board of Health DPW File COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT NO. 06 — H77 — CV — 000155 North Andover Board of Health, plaintiff V. Joseph Averka, defendant STIPULATION BY CONSENT OF THE PARTIES The parties in the above -captioned case jointly consent, agree and stipulate that there are no longer any circumstances to justify the need for the ongoing pendency of this case in connection with the subject vacant lot, and that, therefore, it is duly appropriate that the within case should be DISMISSED WITHOUT PREJUDICE by this honorable Court, forthwith. r Plaintif Dated this 12th day of May, 2010. Defen ant: Joseph Averka By hilU Arman&4. Hyatt, BBO # 246280 HYATT & HYATT 8 Jackson Court Lawrence, MA 01840 (978) 688 — 3521 LAW OFFICES HYATT & HYATT . 8 JACKSON COURT LAWRENCE, MASSACHUSETTS 01840-1612 D WILBUR A. HYATT THOMAS J.BURKE ARMAND M. HYATT • TELEPHONE (978) 688-3521 December 18, 2003 TELECOPIER (978)689-8977 Admitted to MA. NH and CAL Bars ATTENTION: Paul J. Burke, Clerk -Magistrate 1QFrUFr Commonwealth of Massachusetts Northeast Housing Court 2 Fenton Judicial Center 2 Appleton Street Lawrence, Massachusetts 01840 RE: TOWN OF NORTH ANDOVER vs. JOSEPH & FAYE AVERKA DOCKET No.: 03 -CV -00.10 Dear Mr. Burke: I enclose for filing with the Court the enclosed of Dismissal. Please file with the papers in StipulationP P this case and I would appreciate an Order of Dismissal entered and a copy sent to me. I thank you for your assistance in this regard, I remain Res ec ully y ur W Wilbur A. Hyatt WAH/dab E losure cc: Brian LaGrasse, Inspector Town of North Andover Board of Health 27 Charles Street North Andover MA 01845 iv OF NORTHA!`a) , BOARD OF HF�,ti COMMONWEALTH OF MASSACHUSETTS .y� NORTHEAST HOUSING COURT 2 2 2003 NORTH ANDOVER BOARD OF HEALTH, NO: 03 -CV -00110 PLAINTIFF VS. JOSEPH AVERKA and FAYE AVERKA, DEFENDANTS The undersigned parties, the parties to the above -entitled action hereby agree and stipulate as follows: (1) The above -entitled action be dismissed for the following reasons: (a) All the furniture in the defendant's home at 383 Abbott Street in North Andover has been removed and placed in storage. (b) All the utilities connected to the premises have been disconnected and capped (where required) and removed from the premises; (c) A licensed wrecking contractor under a demolition permit issued by the Town of North Andover completely demolished and razed the house and garage of the defendants. (d) The cavity caused by the demolition has been filled-in with earth fill and inspected by the building inspector. (e) The septic tank has been emptied and crushed and filled with crushed stone and earth. (f) All that was required to be done by the North Andover Board of Health has been done, accomplished and completed. WHEREFORE, the pending action should be dismissed by the Honorable Court. Plaintiff: North Andover Board of Health by Brian LaGrasse, Inspector 12/ (b/03 an LaGrasse Defendants: Joseph and Faye Averka By their Attorney Wilbur A. Hyatt ) (�,�,&/.3 Wilbur A. Hyatt ATTY. WILBUR A. HYATT 8 JACKSON COURT LAWRENCIy MA 01840 �do� a�b 3a o 05-22-03 10:59 HYATTaHYATT ID=9786898977 P01/0S LAW OFFICES HYATT & HYATT 8 Jackson court Lawtence, Massachusetts 01840-1612 WILBUR A.11YATT THOMAS J. BURKE TELEPHONE (978) 689-3521 ARIIMND M HYATI • FACSIMILE TRANSMISSION COVER SHEET IE FCFCOM (978) 689-8977 • Adin" to MA. NH and CAL 8.n Nte: May 22, 2003 To: Brian LaGrasse North Andover Board of Health Via Fax Number: (978) 688-9542 Telephone Confirmation (978) 688-9540 Number of Pages being sent, including this Cover Sheet: From: Wilbur A. Hyatt PC: Joseph Averka = 383 Abbott Street, North Andover, MA Memo: Mr.. LaGrasse: Attached'is the letter which I received by fax from Robert Cashins. Wilbur A. Hyatt CONFIDENTIALITY NOTICE: The information and documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. No other reading, dissemination, distribution or reproduction is authorized. If you receive this Wecopy in error, please notify the sender immediately by telephone and return by mail the transmitted originals) without making; any copy. Your expense in so doing will be reimbursed promptly. Thank you for your attention and cooperation in preserving confidentiality and privacy. 05-2t2-03 111:00 HYATT&HYATT ID=9786898977 PO4/05 05/22/2003 11:26 7819444082 CA!: INS & A551JC:1Aat5 FADE U4 CASHINS & Associates, Inc. lndu<IrL11 Hm:r..r. R Fnritmm�r»tel Tn. ling May 5, 2003 Joseph Averka 383 Abbott Street North Andover, MA 0 194 Dear Mr. Averka: Cashins dt Associates, Inc- has been retained by you to assist in the scheduling of clean up work at your. home Tequired by the North Andover Board of Health. This proposal is intended to outline for you the steps that we will be taking on your behalf and the costs. It is not possible to accurately estimate the cost associated with the work. We have attempted to provide a broad estimate of costs. The following needs to be accomplished: • Collect microbiological data and conduct a visual inspection of the house and Property- • Develop of plan of action, including removal of household items, complete cleaning of the house, plumbing repairs, carpentry work, sewer line connection, and re -occupancy of the house by your and your mother. • Oversee work by contractors to insure proper perfonnance. • Interaction with the North Andover Board of Health Cashins dt Associates, Inc. will assist you in identifying contractors who will do the work. These contractors will work directly for you. Cashins will have an oversight role to insure that the work is done in a malaner that will be agreed upon prior to the start of work. 1 expect to have sombody at the house on a daily basis to insure that the work proceeds on schedule and is done as required. RQMainStreet - Reading,MA 01867 • Phtme:781-944-4060 • Fax:781•944-4Oa2 09-•22-03 10:21 TO:HYATT&HYATT FROH:7619444082 P94 G5 -2.2-G3 .11:00 HYATT&HYATT [D=9786898977 PGS/95 05/22!2603 11:26 7619444082 C.5H1N6 K AS!nUUiA1E6 rant n --i I estimate that our cost in this effort will be in the vicinity of $12,000 - $15,000. This cost includes the following: Initial start up ofproject $1,500.00 Microbiological survey $2,400.00 Arrange for contractors $1,500.00 Oversight of cleaning and repairs $5,500.00 Relocation of belongings back to space $1,200.00 Board of Health interaction and Miscellaneous problems $1,000.00 It will be neccsswj to put $15,000 into an escrow account that will be handled by Wilbur Hyatt. We will draw from that acvotmt as the work proceeds. Mr. Hyatt will authorize the payments based upon our time sheets and other documentation. This same procedure should be used for contractors that are hired. Time is extretnely important. We must move .forward without delay as requited by the North Andover Board of Health. I suggest we meet with Mr. Hyatt after the rnicrobiologfcal survey to agree upon the work and begin the process. Ido not think it is feasible for you to attempt to do the work. I also feel that it will be impossible to work with you, your mother, and the cats living in the house. We must agree on these issues or it will be impossible to continue. I will be speaking with you and Attorney Hyatt soon to determine bow we are to proceed. Sincerely, Cashins & Associates, Inc. Robert F. Cashins CertifiedMygienist Cc: Attomey Wilbur Hyatt CASHINS & AS.COCIAIIES, Inc. 80 Main Street • Reading, MA 011167 • Phone_ 781-944-0060 • Fax; 781-944-4082 05-22-93 16:21 TO:HYATT&HYATT PROM:7919444G82 195 05-22,703 J0:59 HYATTAHYATT 1D=9786898977 05/22/2003 11:26 7619444082 CASHINS 9 ASSOCIATES CASHINS & Associates, Inc. ln&Wrial NvRirnc & brv;rannx1.� 17..0 ex May 22, 2003 Joseph Averka 383 Abbott Street North Andover, MA 01845 Dear Mr. Averka: After a telephone conversation with Attorney Hyatt and the North Andover Board of Health, I have agreed to continue working on the titan up of your horse. The sequence of events that will take place includes the following-- You ollowing_You must remove all ofyourvaluables such as money, stock certificates, jewtlry, and other personal items that are impomnt w you and your mother. • You must identify fur xishings and clothing that you want to keep (these items will be stored and cleaned if possible). • All other items will be disposed of as waste including furniture, clothing, newspapers, etc. • A contractor will be selected to remove all items item the house. • The items to be kept will be inspected, tested, and cleaned ifpossible. • Items deemed too contaminated to be cleaned will be disposed of after discussions With you. • Once the crouse is empty, the interior will be inspected for mold and general contamination. • The interior of the house will be decontaminated as needed and cleaned_ This may include washing or steam cleaning of surfaces. • A carpenter- and plumber or your choosing will be retained by you to perform needed repair work. • A contractor eho3ca by you will make the connection to the sewer system. • The house will be inspected by the Board of Health once all of the cleaning and repair work is completed. AQ Main Street • Reading, MA 01867 • Phor*: 781-944-4060 • Pax: 781-5144.4082 P02/05 PAGE 02 85--22-63 10:29 TD:HYAT'&NVATT FROM:7819444082 P92 05-2.2,-03 .11 :00 HYATT&HYATT 05/22/2003 11:26 7819444082 • Furnishings will be returned to the house. ID=9786898977 P63/0S There will be many problems that will be encountered during the project. I cannot provide an exact cost formy services or the clean up in general. The*cost will depend upon flow much of your belongings you want to save and how much decontamination of furnishings and the interior of your house will be needed. "I.he more you want to save the greater the cost will be. I intend to have each contractor who does work bill you, directly for the services rendered. It would be better to have a fund set aside so that the contractors have assurance that they will be paid. I would be remiss ,if I didn't suggest an alternative solution which. would be to sell the house and move. I only Mention this because it may be less disntpti.ve to you and your mother and, in the long ma, less costly. Obviously that decision should be made before any other work on the house stars. Our original proposal to you dated May 5, 2003 outlines the estimated costs for Cashing &: Associates, Inc. only. t have attached a copy of that proposal for your conveaitssoe.. We need some &wtu tce that we will be paid for the work performed. You can provide a check for 515,000 to Cashins & Associates, Inc. or sex up an account that we can be paid from. We will document the time spent on the project and provide the time summaries to Attorney Hyatt. If the $15,000 is expended we would notify Attomey Hyatt and you of that fact and determine what additional fiords maybe needed. 1 will only continue with this work ifit is clearly understood that you must proceed with the clean up without delay and that the house will be cleaned out prior to inspections and decc+tltanmtation/c1 eani»� Your return of a signed copy of this letter will act as your authorization to proceed. Sincerely, Cashins & Associates, Inc. bent . Cas 'ns Certified Industrial Hygienist Approved By. Joscph Averka Cc: Attorney Wilbur Hyatt M CASHINS & ASSOCIATES, Inc. 80 Main Street • Reading, MA 01867 • Phone- 781-944-4060 • Fax: 781.944-4082 05--22-03 10:20 TO-HYATT&HYATT PROM:7819444882 P93 * 041 241-2100-3 15:26 7819444082 CASHINS & ASSCiCIATES; CASHINS& Associates, Inc. '"OW 1nd1MrM1Hygiene .$ Environmental Testing PA1:--jE Al Vec q�zl 1 05 Mt`} -j To: rv,16liYL./�,+YI /✓ From: Bob Cashins FaX #: — ? F-) % Fax #: 781-944-4082 Company: Tel #: 781--944-4060 3pubj ect: X Ve lle�e/4 Sent: [�/ ,75/ d Pages: (including cover) MESSAGE: Cashins & Associates, Inc. 80 Main Street Reading, VA 01867-3921 Cashins & Associates, Inc. is a full service Industrial hygiene, safety and environmental consulting firm. Founded In 1981 we are celebrating 20 years of assisting industry with complex compliance issues. Services Overview: Industrial Hygiene Safety Inspections Indoor Air Quality Ventilation Audits Confined Space Entry Respiratory Protection Health & Safety Plans OSHA Compliance Noise Monitoring Environmental Consulting Hazardous Wase Consulting Soil/Water Sampling Air Sampling Me �C/f/r/Gti 04-24-03 14:21 TO:HYATT&HYATT �� FROM:7819444082 P01 t_ .f 404/24/20 3 15:26 7el9444OG2 CASHIHS k ASSOCIATE=; PAGE 02 .. CASHINS t l.� I �I S &,,� Associates, Inc. IqqMW rndm-frill Hyrirnr & Fnvironmemal Tesrinq; April 24, 2003 Wilbur Hyatt Hyatt & Hyatt 8 Jackson Street Lawrence, MA 01.840 Re: Residential Cleanup Plan 383 Abbott Street, North Andover, MA. Dear Attorney Hyatt: Based on our recent discussions, Cashins & Associates, hie. conducted a tour and inspection of the residential dwelling located at 383 Abbott Street, North Andover, Massacbusetts- The owner/occupant was present during the tour of all rooms and living areas identified at the dwelling. The tour and inspection was intended to determine what actions are necessary to complete carpentry andplumbing repairs to address leaking pipes -in bathrooms and sinks, to restore floors and structural elements damaged due to past and ongoing water leakage, and to remediate and remove mold and other biological growth present in many areas of the dwelling. It appears that a portion of the water d-,unage in bathrooms and underlying flooring may be contaminated with sewage. Given the current site conditions and several. visual obstructions encountered during the i.nspecti.on, it is possible that additional health related issues may be present at the dwelling. The current living conditions at the dwelling are deplorable. The occupants have accumulateda wide variety of items such as papers, furniture, clothing, and food containers throughout the dwelling. Significant amounts of mold and other biological growth were observed. Odors within the dwelling were unpleasant and pervasive. The quantity of accumulated materials stored on floors, tables, funliture, and counters was of a magnitude thatt would prevent proper and safe access to the dwelling by cleaning contractors, carpenters, and plumbers to complete critically needed home remediation and repair of plumbing fixtures. The necessary carpentry and. plumbing .repairs, the cleanup of residual water, anal remediation of mold and other biological growth will address only a limited part of the unhealthful conditions that were obsen ed earlier today at the dwelling—At a minimum, a comprehensive cleaning of the entire dwelling by a professional cleaning company, conducted in accordance to requirements of the North Andover Board. of Health, is required_ SO Mai» Street * ReadlnR, MA 01867 * Phone: 781-9•44-4060 * Fax: 781 -)44-1.082 04-24-03 14:21 TO:HYATT&HYATT FROM:7819444082 P02 ,f 1 4/ 24/'2,003 15: 26 7819444782 CASHIPJS & ASSOCIATES P -AGE F-1 Cashins & Associates, Inc. has reviewed the Complaint In Report dated February 24, 2003, prepared by Brian J. LaGrasse, Health. Inspector, Town of North Andover Board of Health (Town) that described living conditions at the dwelling_ Several violations of sanitary and housing regulations were cited_ According to the report, the dwelling and was deemed "...unfit for human habitation." The Town outlined in a letter to Mr. Joseph Averka„ dated February 28, 2003 several cleanup actions required at the dwelling over a four week period ending March 27, 2003_ Based on our observations this morning, it is difficult to determine what, if any, progress was made in complying with the Town's directive. In addition, Town. inspection. report indicated. that Mr. Averka had failed to comply with an order dated 10/5/01 to connect to the municipal sewer, due to a. failed septic tank system. You have asked Cashins & Associates, Inc. to manage andoversee the preliminary cleanup and remediation actions as outlined above. Please note that the To,vn..lias stipulated additional actions that exceed those briefly described above. Based on the site inspection atid discussions with the owner/occupant, there are several measures which need to be implemented immediately and prior to completing the carpentry/plumbing repairs and surface remediationactions described. above, as follows: 1. Relocate occupants to alternative living facilities during the cleaning, renovation, and remediation actions. 2. The owner must make arrangements for off-site care of all domestic animals during the repair and cleaning phases and transfer the animals to an acceptable offsite location. 3. Shut down water service, at a minimum, to all sinks, lavatories, tubs/showers, and toilets that require repair in. order to eliminate the source(s) of ongoing water leak -age. 4. Install and operate a temporary NEPA. filtered ventilation system to provide improved air exchange :For fresh air throughout the dwelling. 5. The owner must identify stored materials to be retained and make arrangements for transfer and oft -site temporary storage. 6. Retain an approved industrial cleaning firm to remove all stockpiled materials deemed to be waste for .removal and legal disposal. 7. Inspect all furnishings to assess possible mold/mildew damage. Remove and dispose of any furnishings deemed to be unusable; remove andtransfer to temporary storage other furnishings to be retained. S. Clean and disinfect basement level of dwelling using appropriate non-destructive techniques. 9. Conduct mold and biological growth remediation as needed in all areas of the dwelling. I0. Following the remediation of mold and biological growth within the dwel.lmg, clean. and disinfect the basement and first floor living areas. Cashins & Associates, Inc. will develop a detailed Cleanup Plan, subject to approval by the North Andover Board of Health, bring the dwelling into compliance with applicable CAS(-11NS & ASSOCIATES, Inc. 80 Mein Slreet • Re,iding, MA 01867 + Phone: 781-944-4060 • Fax: 7P1-944-4482 04-24-03 14:21 TO:HYATT&HYATT FROM:7819444082 0013 v04/24/200 15:25 7819444082 CASHIHS & AS:SOCIATES PAGE 04 state and local requirements. We will assist in the selection of appropriate contractors and provide project oversigbt services during completion. of required work activities to ensure that work is completed safely and in accordance with the approved Plan. This will be a difficult project to complete. We will need to work closely with. the Town and we will require the full cooperation from the owner. Additional discussions will be required prior to the startup of project a-ctivitics..I will. contact you soon to determine how we should proceed. Sincerely, Cashins� Associate, Inc. o etR Cashirns CIH Vice President CASHINS & ASSOCIATES, Inc. 80 Main Street + Reading, Mn 01867 • Phone- 781-444-4060 • Fax: 781-944-4082 04-24-03 14:22 TO:HYATT&HYATT FR0M:7819444082 PO4 05-22-03 10:59 HYATTBHYATT WILBUR A. HYATT THOMAS J. BURKE ARMAND M. HYATT* • Adntivad to MA. NH and CAL Ban To: Brian LaGrasse ID=9786898977 LAW OFFICES HYATT & HYATT 8 Jackson Court Lawrence, Massachusetts 01840-1612 FACSIMILE TRANSMISSIM CMR SHEET Date, May 22, 2003 North Andover Board of Health Via Fax Number: (978) 688-9542 P01/05 TELEPHONE (978) 688-3521 TELt?COPIER (978) 689-8977 Telephone Confirmation (978) 688-9540 Number of Pages being sent, including this Cover Sheet: 45 From: Wilbur A. Hyatt Re: Joseph Averka"- 383 Abbott Street, North Andover, MA Memo: Mr.. LaGrasse: Attached is the letter which I received by fax from Robert Cashins. Wilbur A. Hyatt CONFIDENTIALITY NOTICE: The information and documents hereby transmitted are privileged and contain confidential matters intended only for the party named above. No other reading, dissemination, distribution or reproduction is authori=ed. If you receive this telecopy in error, please notify the sender immediately by telephone and return by mail the transmitted original(s) without making any copy. Your expense in so doing will be reimbursed promptly. Thank you for your attention and cooperation in preserving confidentiality and privacy. 04i•4i26F� 1N�: 19?SE8???6E SEF'JPRiJ OF L�'blREFd E F't'iaE=�1 P. O. Bax 328, Lawrence, MA 0;842 P. O. Box 428, Windham, NH 0308 (978) 688-2242 (603) 893.9780 %,X-uNT FAX ]DOCUMENT PLEASE DEINER - A.S.A.P. ]TATE. bq b3 /C) 'IME: _ Hard Copy to Follow Yes TO: NAME COMPANY ADDRESS PHOT E FRO.: oil r 0 COMPANY: SERVPRO CLE kNI G RESTORATION PHO -"E = 1-(97S) 633-2242 / 1-(300) 535-6322 (If4 :ti'f 01:1I) FAX = 1-(978) 6S7-7706 OF PAGES (inciudinb this coyer) (rf ou did trot receive this numbeCtb rojpagrJ plexsa c -ill uT uamediately) Re: �� b J�-. XOTE. If you have 4ray grrettiaes and/or caasrrns lr;Q,dus rbc jar phase do not l+etitat'r m call 04-24-03 09:48 TO:HYATT&HYATT FROM:19786877706 P01 w 04/24/1100-1 16:53 1976877766 SER'VPRO OF LAWRENCE PAGE 6 2 f Q P.0 -Box 328 • L hwenCe, Massachusetts 01842 • (978) 688-2242 p.o. Box 428 • Windham, New Hampshire 03087 • (603) 893--9700 E -Mall: servprooflawrence0servproollawmnce-Com Fax: (978) 687-7706 April 24, 2003 Attorney Wilbur Hyatt 8 Jackson Court Lawrence, MA 01840 Dear Attorney Hyatt, On 4/22/03 I viewed the home of Joe Averka, at 383 Abbott Street in North Andover, I advised Mr. Averka to contact a Hygienist to set up a protocol for any work to be done at his home. Sincerely, 1, Chris Meech SERVPRO of The Andover's Cc: file 04-24-03 09:49 TO:HYATT&HYATT FROM:19786877706 P02 July 16, 2003 y To: Members of the North Andover Board of Health, From: Anonymous Concerned Neighbors of 383 Abbott Street I am writing to you as a concerned neighbor of 383 Abbott Street, which is owned by Joseph I Averka. I am refraining from attending your public meetings because I am very intimidated by the above named owner. I would like to remind you of how many Elementary children walk by this property twice daily during the school year. September will be here soon, when schools open. As you know, pooling sewage only harbors bacteria, disease, and unwanted rodents. The Board of Health exists to protect our environment. You must stop allowing extensions and take immediate action. By allowing the numerous extensions, you are allowing a VERY unhealthy environment for our neighborhood. Obviously Joseph Averka has no respect for your deadlines, providing one excuse after another. How long do you intend to let this condition exist? I think you have been more than fair and very generous with allowing the numerous extensions. It is time to take immediate action. I am not alone in expressing the enclosed concerns. I have talked with many neighbors, and we all share the same concern and well being of our neighborhood. None of us are willing to be named or make an appearance at your meetings. We all know from years past what kind of a person we are dealing with. You only need to consult with our North Andover Police Department. I hope each one of you truly consider our concerns when dealing with the property and owner of 383 Abbott Street. Thank you, in advance, for your helping us provide a safe and healthy environment. t KIDDER BUILDING & WRECKING, INC. 247 Main Street PLAISTOW, NEW HAMPSHIRE 03865 (603) 382-1422 Fax (603) 382-3697 TO: JOE AVEEKA 383 ABOTT STREET NORTH ANDOVER MA 01850 SPPSSki .667332 PHONE DATE 978-688-1849 7/7/03 JOB NAME / LOCATION HOUSE AND GARAGE SAME JOB NUMBER JOBPHONE COMPLETE DEMOLITION OF ABOVE NAMED STRUCTURES. PRICE INCLUDES REMOVAL OF SLABS, FOUNDATIONS AND FOOTINGS, SLOPING AND ROUGH GRADING OF AREA WITH EXISTING MATERIAL. REMOVAL OF ALL RELATED DEBRIS TO AN APPROVED DISPOSAL SITE. NOTE: OWNER TO MOVE ITEMS OUT OF WORK AREA AS DISCUSSED DURING SITE VISIT. PRICE DOES NOT INCLUDE ANY SITE PREP. ADDITIONAL FILL MATERIAL, COMPACTION OF FILL OR ASPHALT PAVING REMOVAL. NOTIFICATION BY KBW_ PERMIT BY OWNER. CUTTING AND CAPPING OF UTILITIES BY OWNER. FIRE AND POLICE DETAILS BY OWNER IF REQUIRED. PRICE IS BASED ON SALVAGE. KIDDER NOT RESPONSIBLE FOR TESTING, REMOVAL OR DISPOSAL OF ANY HAZARDOUS WASTE OR OIL TANKS. VE�g R®P® hereb to furnish material and labor— cpm fete in cordance with the above specifications, for the sum of: Thousan ine Aundred Fifty and 00/1(1P0 Do ars 7,950.00 dollars ($ ). Payment to be made as follows: PAYMENT DUE UPON COMPLETION. IF PROPOSAL IS ACCEPTED, PLEASE SIGN AND RETURN COPY. THANK YOU. All material is guaranteed to be as specified. All work to be completed in a professional / manner according to standard practices. Any alteration or deviation from above specifications Authorized involving extra costs will be executed only upon written orders, and will become an extra Signature charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. Our Note: This proposal e qq workers are fully covered by Worker's Compensation insurance. withdrawn by us if not accepte within d ys. ACCEPTANCE OF PROPOSAL —The above prices, specifications and conditions are satisfactory and are hereby accepted. You are Signature authorized to do the work as specified. Payment will be made as outlined above. �' t ��� Signature Date of Acceptance: --77 �° names To Reorder. 800-225-6380 or nebs.com PRODUCT 1312ST FOLD AT (<) TO FIT COMPANION 771 DU O-VUE ENVELOPE. PRINTED IN U.S.A. A -:-:--_: The Commonwealth ofRlassachusetts Department oflndustrial Accidents — _- iPt1110�olIQ�S6�pgllli� 600 Washington Street Boston, Mass 02111 Workers' Compensation Insurance Affidavit awsus Warne: IQcition: Jit: X ❑ i am a omeowner performing all work myself. —0 am a We proprietor and have no one working in any capacity 1 am at1 employer for my on address: ��1 Mia—Ln lily: Pl s'�� t�3 o S phone q 3 - 3 Pa t4 a-a-- tci epolicy I FUO Co �Ei am a sole proprietor, general contractor, or homeowner (circle one) and have hired Ow contractors listed below who have the following workers' compensation polices: com#sany napze• address: cit -Y: phone k• city phepe N: Failure to secure coverage as required under Section 25A orNICL lit can iced to the imposition of crimioai pisawn or a nne up to 51 .540.00 andfor one g ars' imorisonment as well as;Civil ptnaities in the form of a STOP WORK ORDER and a rine of $1900 tl day against me. I undersund that a copy of this statement ase) be forwarded to the Office or Investigations of the DIA for coverage verification. I do herebr cerlify under Ore pains and penalties of pert my that the information provided above is IN$ and corrat Signature :�- 2 -e_ 42 J d�-C%� !�� Date -7 (�0—()3 Print name k.(3 e`C%CC i aROcOaf use',onty do not write In this area to be completed by city or tcwa otTielA � , city or toarp: permltfllcense 0 •__.�,_01Euildind Department { ®t.icensing !heard [j check if immediate response is required „ ' ]Seiertmen°! Mirr _ � ,..:.,.,,�r..:®lfleailhJcfl+mriaroet,! { eamtact person: "'°� phone' d; r'inther (+e►ieW 36- FTA) North Andover Building Department Tel: 978-688-9545 DEBRIS DISPOSAL FORM In accordance with the provision of MGL c 40 S 54, a condition of Building Permit Number is -that -the debris resulting from this work shall be disposed of in a properly licensed solid waste disposal facility as defined by MGL c11,S150A.. The debris will be disposed of in: (Location of Facility) Signature of Permit Applicant Date NOTE: Demolition permit from the Town of North Andover must be obtained for this project through. the Office of the Building Inspector ROSCOE N. KIDDER, PRESIDENT July 16, 2003 KIDDER BUILDING & WRECKING, INC. Town of North Andover Attention: Bob Nicetta North Andover, MA RE: Disposal Sites 383 Abott Street North Andover, MA LICENSED, INSURED & BONDED The following is the disposal site that Kidder will be utilizing during the above referenced job. 1. Demolition Debris will go to LL & S Wastewood Processing, Salem, NH 2. Metal Debris will go to Prolerizor New England, Everett, MA 3. Masonry Debris will go to Miles River Sand and Gravel, Paradise Road, Ipswich, MA If you have any questions, please call me at 603-382-1422. Sincerely, ebra L. D is Permit Coordinator 247 MAON STREET a ROUTE 121 A a PLAISTOW, NH 03865 a (603) 382-1422 ® FAX (603) 382-3597 AN EOUAL OPPORTUNITY EMPLOYER Town of North Andover Office of the Health Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Sandra Starr Public Health Director Telephone (978) 688-95, Fax (978) 688-9542 NORTH 'ANDOVER BOARD OF HEALTH .ORDER LETTER Issued under ;the provisions of the State Sanitary Code, Chapter 11, Minimum Standards of Fitness for Hu'man Jlabiiation,105 CMR 410.000. Date: February, 25, 2003 A To Owners of Record: Property Location: Faye and Joseph Averka 383 Abbott Street 383 Abbott Street North Andover, MA 01845 North Andover, MA 01845 An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel on February 24, 2003 in response to. -a request by The .North Andover Police Department regarding potential housing code violations and the presence of conditions deemed to endanger and impair the health and/or safety of -any occupants. The inspection revealed violations of the State Sanitary Code, Chapter II, as listed on the attached Violation Form. You are hereby ORDERED to correct the violations within the time, allotted on the enclosed form. Failure to comply within the specified time period may result in further action by the North Andover Board of Health. Several of the violations documented are conditions deemed to endanger or impair the health and/or safety ofthe ,occupants and emergency personnel. The conditions documented on the Inspection Report including the excessive filth, unsanitary conditions and the failed :subsurface disposal system are severe enough for the Health Department to deem the dwelling unfit for human habitation until the violations are rectified. In accordance with 105 CMR 410.831(D) the Board of Health will hold an immediate public hearing regarding the conditions of the property located at 383 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Abbott. Street, owned by Joseph and Faye Averka. You are herby requested to attend a public hearing before the Board of Health on February 27, 2003 at 7:00 P.M., located in the conference room of the North Andover Department of Public Works at 384 Osgood Street, North Andover, MA. At said hearing you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Hand Delivery by an authorized agent of the Board of Health and an officer of the North Andover Police Department in accordance with 105 CMR 410.833(13)(1), 105 CMR 410.833 (B)(2), and 105 CMR 410.833 (B)(4). 2 ORDER LETTER — VIOLATION FORM An authorized inspection of 383 Abbott Street was performed by Board of Health staff on February 24, 2003 at which time violations of 105 CMR 410.000 Chapter H of the State Sanitary Code, Minimum Standards of Fitness for Human Habitation were found. If upon inspection, any dwelling is found unfit for human habitation and may endanger or impair the health, or safety .and well-being of a person or persons occupying the premises in accordance with 105 CMR 410.750, then per 105 CMR 410.830(A)(B). the owner must make a good faith effort to correct the violation within twenty-four,(24) hours and/or begin necessary repairs or submit a contract in writing with a third party within five (5) days for the correction of the violations. Failure to respond within the allotted time period may result in the Board of Health taking further. action. VIOLATIONS OF 105 CMR 410.750(A -N) TO BE ADDRESSED WITHIN TWENTY- FOUR (24) HOURS There is excessive trash, rubbish, junk and debris throughout the dwelling. The amount of debris etc. severely inhibits movement throughout the dwelling. There is a severe accumulation of rotted and perishable food items in the kitchen area with various types of flies and a strong odor of cat urine throughout the dwelling. "The occupant of any dwelling unit shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish, other filth or causes of sickness...." (105 CMR 410.602(B)). Every room in the dwelling needs to be emptied of all rubbish, garbage and debris and. thoroughly cleaned and sanitized. This violation is also a violation of 105 CMR 410.750(I) which states that this condition, "when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of an occupant or the public... (I) Failure to comply with provisions of 105 CMR 410.600, 410.601, 410.602 which results in the accumulation of garbage, rubbish, filth or other causes of sickness which may provide food source or harborage for rodents, insects or other pests or otherwise contribute to accidents or to the creation or spread of disease." Please address this violation within 24 hours by removing all rubbish, garbage and debris and thoroughly cleaning and sanitizing the dwelling. VIOLATION CORRECTED: DATE: 3 2. There is excessive trash, rubbish, junk and debris around the exterior of the dwelling. "The owner of any parcel of land, vacant or otherwise, shall be responsible for maintaining such a parcel of land in a clean and sanitary condition and free of garbage, rubbish or other refuse...." (105 CMR 410.602(A)). The property needs to be cleared of all rubbish, garbage and refuse. This violation is also a violation of 105 CMR 410.750(I) which states that this condition, "when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of an occupant or the public... (1) Failure to comply with provisions of 105 CMR 410.600, 410.601, 410.602 which results in the accumulation of garbage, rubbish, filth or other causes of sickness which may provide food source or harborage for rodents, insects or other pests or otherwise contribute to accidents or to the creation or spread of disease." Please address this violation within 24 hours by removing all rubbish, garbage and debris fromie property. VIOLATION CORRECTED: DATE: 3. The dwelling does not have proper access and egress. The accumulation of debris limits movement inside the dwelling and obstructs access and egress by emergency personnel and the occupants. "No person shall obstruct any exit or passageway. The owner is responsible for maintaining free from obstruction every exit used or intended for use by occupants (105 CMR 410.451). Please address this violation within 24 hours by removing all rubbish, garbage and debris from the dwelling. This violation is a violation of 105 CMR 410.750(G) which states "when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of an occupant or the public ... (G) Failure to provide adequate exits, or the obstruction of any exit, passageway or common area caused by any object, including garbage or trash, which prevents egress in case of an emergency 105 CMR410.450, 410.451 and 410.452." Please address this violation within 24 hours. VIOLATION CORRECTED: DATE: 4 4. The dwelling does not have a smoke detector. "The owner of every dwelling that is required by any provision of the Massachusetts General Laws to be equipped with smoke detectors shall provide and maintain all such required smoke detectors in compliance with such .provision and with any applicable regulation of the State Board Fire Prevention (527 CMR) or of the State Fire Marshall..." (105 CMR 410.482). Please install a sufficient number of smoke detectors as determined by the North Andover Fire Department. This violation is a violation of 105 CMR 410.750(N) which states "when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of an occupant or the public... (N) Failure to provide a smoke detector required by 105 CMR 410.482." Please address this violation within 24. hours. VIOLATION CORRECTED: DATE: R VIOLATIONS TO BE ADDRESSED WITHIN FIVE (5) DAYS 5. The sinks in the bathroom and kitchen and the pipes in the basement leak. The pipes in the basement are leaking from the base of the bathroom fixtures and may contain gray water and/or coliform bacteria. There is an excessive build up of mold, mildew and fungus in the basement. "The owner shall install in accordance with accepted plumbing, gasfitting and electrical wiring standards, and shall maintain free from leaks, obstructions or other defects, the following: (A) all facilities, and equipment which the owner is or may be required to provide including, but not limited to all sinks, washbasins, bathtubs, showers, toilets, waterheating facilities, gas pipes, heating equipment, water pipes, owner installed stoves and ovens, catch basins..." (105 CMR 410.351(A)). Please repair all water leaks. The water leaks have caused a severe chronic dampness problem around the sinks -and in the basement. "Every owner shall maintain the foundation, floors, walls, doors, windows, ceilings, roof, staircases, porches, chimneys, and other structural elements of his dwelling so that the dwelling excludes wind, rain and snow, and is rodent proof, watertight and free from chronic dampness, weathertight, in good repair and in everyway fit for the use intended. Further, he shall maintain every structural element free from holes cracks, loose plaster, or other defect where such holes, cracks, loose plaster or defect renders the area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage." (105 CMR 410.500). Please alleviate the chronic dampness and clean all mildew, mold and fungi. VIOLATION CORRECTED: DATE: 6. The Health Department sent correspondence dated October 5, 2001 (copy attached) mandating that the dwelling be connected to the municipal sewer system after staff confirmed that there was septic effluent ponding in the rear yard from a failed septic system and total coliform bacteria was confirmed through water testing. This is in violation of the Massachusetts Housing Code, Title 5 Regulations and The North Andover Septic Regulations 105 CMR 410.300, 105CMR 410.750(F), 310 CMR 15.303(1)(a)(2), 310 CMR 15.305(l),310 CMR15.024 (5) and 6.03 of the N. Andover Septic Regs. Please connect to municipal sewer immediately or submit a letter%or written contract stating when the house will be connected. VIOLATION CORRECTED: DATE: 0 t 105 CMR 410.910 PENALTY FOR FAILURE TO COMPLY WITH ORDER 7. "Please be aware that any person who shall fail to comply with any order issued pursuant to the provisions of 105 CMR 410.000 shall upon conviction be fined not less than $10.00 nor more than $500.00. Each day's failure to comply with an order shall constitute a separate violation. See also 105 CMR 410.854(B)." The Board of Health shall levy a fine in accordance with 105 CMR 410.910 for each day or portion thereof in which a violation exists after its associated deadline. 105 CMR 410.831 DWELLINGS UNFIT FOR HUMAN HABITATION: HEARING: CONDEMNATION: ORDER TO VACATE: DEMOLITION 8. "If an inspection pursuant to 105 CMR 400.100 or 105 CMR 410.820 reveals that a dwelling or portion thereof is unfit for human habitation, the Board of Health may (after complying with 105 CMR 410.831(B), (C), or (D), if the dwelling is occupied) issue a written finding that the dwelling or portion thereof is unfit for human habitation. The finding shall include a statement of the material facts and conditions upon which the finding is based". (105 CMR 410.831(A)) "Exception to notification and hearing requirements. If at anytime the Board of Health determines in writing that the danger to life or health of the occupant(s) is so immediate that no delay may be permitted, then the Board of Health may immediately issue a finding that an occupied dwelling.or portion thereof is unfit for human habitation without providing the notification or hearing specified in 105 CMR 410.831(B) and (C). A copy of the determination of immediate danger, and a copy of the finding of unfitness for human habitation shall be sent to each affected occupant, and to the owner". (105 CMR 410.831(D)) Upon inspection of the subject dwelling and conditions therein, it is the opinion of the Health Department that an emergency exists and that this letter and violation form serve as a determination in writing that the danger to life or health of the occupant(s) is immediate enough to relinquish the 5 day public hearing notification. It should be noted that one of the occupants is a senior citizen and included in the Highly Susceptible Population (HSP) and should be cared for accordingly. 7 k A Re -inspection will be performed by the North Andover Health Department subsequent to the deadlines stated above. If the conditions.are corrected prior to the required time limit, please call the North Andover Health Department at 978-688-9540 for an inspection. If you have any questions, comments or concerns, please feel free to call me at the aforementioned number between the hours of 8:30-4:30, Monday through Friday. Sincerely, 'B an J. LaGrasse Health Inspector CC: Board of Health Sandra Starr, Public Health Director Officer Jay Staude, North Andover Police Department Criminal Investigations Inspector Daniel Cronin, North Andover Police Department North Andover Fire Department Michael, McGuire, North Andover Building Department Elizabeth Englehart, Merrimack Valley Elder Services, 360 Merrimack Street Building #5 Lawrence, MA 01843 File OWN ADDRi DATE �t LCA ��,��'S �� e�t�yN �5 i d� ,Q �'C nn 1S 4] � � t �'I"� 5�• •�-c � ��OL � k NORTH ANDOVER HEALTH DEPARTMENT 120 Main Street • North Andover, MA 01845 Telephone (508) 682-6483, Ext. 32 Complaint Investigation/Inspection Report — -IL.,, .,< & -'.1 J .. A --P- -4-r2-,,X- .A- 1` j-.�, :.� n� , .. r� T" /3L., ,IZ-t — 1`i -KTA \ K "t O . b f) XcCS3��h' In,"�t !'r T/"�Y� 1�si ;I c 1 .frlc.,,%e-�1 idN t i)c)i ��'iD h -c— i,n�. A 1oSC,in 411 4S-1 10S- C.&M 1,110• :5-0 I�LsJ=.9 1 1C] 6N 'Vq-- i'?' -i -_ I Imai t k Town. of North Andover Office of the Conservation Department Community Development and Services Division Health Department 27 Charles Street North Andover, Massachusetts 01845 Sandra Starr Health Director ORDER LETTER October 5, 2001 Faye and Joseph Averka 383 Abbott Street North Andover, MA 01845 RE: Sewer Tie-lh Dear Resident: Telephone (978) 6 Fax (978) 688-954,'' Our records indicate that your property is currently in non-compliance with the North Andover Board of Health Regulation regarding sewer tie-in. It appears the sewer tie-in fee has been paid to the North Andover Department of Public Works but the actual tie- in has not taken place. Your subsurface disposal system is in violation of 310 CMR 15.303(1)(a)(2) " there is discharge of effluent directly or indirectly to the surface of the ground through ponding, surface breakout or damp soils above the disposal area... Since the: current system .is failing to protect public health, safety and the environment, you are hereby ORDERED to immediately connect to the municipal sewer system. The connection must be completed before December 24, 2001. Failure to connect by the aforementioned date will result in legal action that may result in the condemnation of the dwelling. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven (7) days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all 'records concerning the matter to be heard. You may be represented by an attorney. You also have the right to inspect and .obtain copies of all relevant records concerning the matter to be heard. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688 9540 PLANNING 688-9535 a If you have any questions, please feel free to call the Health Department Monday - Friday between 8:30 and 4:30 at 978-688-9540. Sincerely, Sandra Starr Health Director cc: Board of Health Brian LaGrasse, Health Inspector Department of Public Works File 05-22-03 11:00.HYATT&HYATT ID=9786898977 PO4/05 05/22/2003 11:26 7819444082 cF57i1h1b & A!:NJG1A1t5 Ncuat YJ4 % CASHI YS �'~_ Associates, Inc. /nduetrul HtjVLM A n1woomentn1 re./ins May 5, 2403 Joseph Averka 3$3 Abbott Street North Andover, MA 01845 Dear Mr. Averka: Casbins dt Ass6ciates. Inc. bas been retained by you to assist in the scheduling of clean up work at your. home required by the North Andover. $oard of Health. This proposal is intended to outline for you the steps that. we will be taking on your behalf and the costs. It is not possible to accurately estimate the cost associated with the work. We have attempted to provide a broad estimate of costs. The following needs to be accomplished: • Collect microbiological data and conduct a visual inspection of the house and property. • Develop of plan of action, including removal of household items, complete cleaning of the house, plumbing repairs, carpentry work, sewer line connection, and re -occupancy of the house by your and your mother. • Oversee work by contractors to insure proper performance. • Interaction with the North Andover Board of Health Cashins & Associates, Inc. will assist you. in identifying contractors who will do the work. These contractors will work directly for you Cashins will have an oversight role to insure that the work is donee in a manner that will be agreed upon prior to the start of work. I expect to have somebody at the house on a daily basis to insure that the work proceeds.on schedule and is done as required rt1T*M"btMrrpnBt monnvE 1 S1 T.Aft 80 Main Street - Reading, MA 011567 - Phoma: 781-944-4060 w fax: 791-944-4082 A5-•22-03 10:21 TO:HYATT&HYATT FROH:78194449B2 P94 05-22-03 11:00.HYATT&HYATT 05/22/2003 11:26 7819444082 ID=9786898977 P05/05 CG5H1NS & A55UGIA I t.5 YAI�t N1 1 estimate that our cost in this effort will be in the vicinity of $12,000 - $15,000. This cost includes the following: Initial startup Of project $1,500.00 Microbiological survey $2,400.00 Arrange for contractors $1,500.00 Oversight ofcleaning and repairs $5,500.00 Relocation of belongings back to space $1,200.00 Board of Health Intcraction and Miscellaneous problems $1,000.00 It will be 11cccssw1 to put $15,000 into an escrow account that will be handled by Wilbur Hyatt. We will draw from that account as the work proceeds. Mr.. Hyan will autborize the payments based upon our time sheets and other documentation. This same procedure should be used for contractors that are hired. Time is extry important. We must move forward without delay as required by the North Andover Board of Health. I suggest we meet with Mr. Hyatt after the microbiological survey to agree -upon the work and begin the process. I do not think it is feasible for you to attempt to do the work. I also feel that it will be impossible to work with you, your mother, and the cats living is the house. We must agree on these issues or it will be impossible to continue. I will be speaking with you and Attorney Hyatt soon to determine bow we are to proceed. Sincerely, Cashins & .Associates, Inc. Robert F. Cashins Certified ustri ygienist Cc: Attorney Wilbur Hyatt ,m..«N•u,�.. , CASMINS &ASSOCIATES, lnc. 80 Mein Street • Reading, MA 01867 • Phone: 781-9444060 - Fax; 731-944-4.082 65-22-03 10:21 TO:HYATT&HYAT7 FROM:7819444082 P85 05-22-03 10:59.HYATT&HYATTID=9786898977 P02/05 05/22/2003 11:26 7619444982 CdSMINS & ASSOCIATES PAGE 92� AdMbb- 4 CASHINS Associates, Inc. lnrhtFirfal Hv�irnc & hiv:xnnir��,.l T..,i►in� May 22, 2003 Joseph Averka 383 Abbott Street North Andover, MA 01$45 Dear Mr. Averka: After a telephone conversation with. Attorney Hyatt and the North Andover Board of Health, i Dave agreed to continue working on the clean up of your home. The sequence of events that will take place includes the following_ a You must remove all of your valuables such ass money, stock certificates, jewelry, and other pemnel items that are important to you and your another. a You must identify furnishings and clothing that you want to keep (these items will be stored and cleaned if possible). a All other items will be disposed of as waste i:ncludittg furniture, clouting, newspapers, etc. a A contractor will be selected to remove all items from the house. • The items to be kept will be inspected, tested, and cleaned if possible. a Items deemed too contaminated to be cleaned will be disposed of after discussions with you. Once the house is empty, the interior will be inspected for mold and general contamination. a The interior of the house will be decontaminated as needed and cleaned. This may include washing or steam cleaning of surfaces. e A carpenter. and plumber (Yr your choosing will be retained by youto pertorm needed repair work. a A contractor cho3w by you will make the connection to the sewer system. • The house will be inspected by the Board of Health once all of the cleaning and repair work is completed: RO Main Street - Reading, MA 01867 • Fhone: 781-944-4060 • Fax: 781 94.4-4082 05-22-03 16:29 TO:HYATT&HYATT FROM:7819444.982 Paz 05-22-03 11:00 .HYATT&HYATT iD=9786898977 P03/05 05/22/2003 11:26 7819444082 C w5H1 N5 A55lJC:lA I k5 Y:;tit �9 • Furnishings will be returned to the house. There will be many problems that will be encountered during the project. I cannot provide an exact cost for my services or the clean up in general. The'eost will depend upon how much of your belongings you warn to save and how much decontamination of furnishings and the interior of your house will be needed. The more you want to save the greater the cost will be. 1 intend to have each contractor who does work bill you directly for the services .rendered. It would be better to have a fund set aside so that the contractors have assurance that they will be paid. I would be remiss if I didn't suggest an alternative solution which would be to sell the house and move. i only mention this because it may be less disruptive to you and your mother wW, in the long run, less costly. Obviously that decision should be made before any other workjon the house starts. Our original proposal to you dated May 5, 2003 outlines the estimated costs for Cashing & Associates, Inc. only. 1 have attached a copy of that proposal for your convenicaeE. We need some assurance that we will be paid for the work performed. You coo provide a check for $15,000 to Cashins & Associates, Inc. or set up an account that we can be paid from. We will document the time spent on the project and provide the time summaries to Attorney Myatt. If the $15,000 is expended we would notify Attomey Hyatt and you of that fact and determine what additional funds may be needed. I M11 only eontinue with this work if it is clearly understood that you must proceed with the clears up without delay and that the house will be cleaned out prior to inspections and decon mination/clean.in& Your return of a signed copy of this letter will act as your authorization to procaed- Sincerely, Cashins & Associate Inc - Ab nn Obert VFCalsC—n19 Certified Industrial Hygienist Approved By: Joscph Averka Date Cc. Attorney Wilbur Hyatt CASHINS & ASSOCIATES, Inc. 80 Main Street • Reading, MA 01867 • Phone: 781-944-4060 • Fax: 781-944-4082 65-22-03 18:20 TO:HYATT&HYATT FROM:7819444882 P83 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT Plaintiff 4fendant STIPULATION No . 0 3 - d. V- 04;. //O ONCE APPROVED BY THE JUDGE, THIS AGREEMENT BECOMES A COURT ORDER AND BOTH PARTIES ARE LEGALLY REQUIRED TO FOLLOW IT. If questions arise, please consult the housing specialist. I UNDERSTAND THAT I HAVE THE BEFORE A JUDGE, BUT INSTEAD I S gned and dated by Plaintiff Zef 'ff's t ne Hous' qpecial t �/y--03 Patrick J. McDonough RIGHT TO A HEARING ON MY CASE CHOOSE IGN THIS REEME 17pO - a- 3-// y o 3 Sig ed and dated by Defendant � --) �jo - L,=, GAAUA O? Defendant's Attor Judge David D. Kerman COPIE VEN) MAILED) TO PARTIES ON Li \ / . q < 00 % ƒ uj ® _� ^ » Ld \ m b ��' % g § _ / > > - / ° \ �. ro 2o§« ® e 8 / G ¥ w LLJ j< e \\ % § } / \ 2 2 < < \ �'N� o % § R \ k g x \ § w " G < » §§§` c g . ? & z ® \ / m \ � / a § 3 z % » ) _ § b E q + �m®` . « f / ) o g « cR /_ . / J 0 / 2 owo o S < o e GI - - 2A k . B . $ + 2 § ` to ! e o §to $ \}\ § q ) . . » $\ $ / K a .O m . /. l -77 & ; ¢ ` ~ 0 ® - J7 2 \ \ ?{ . § {y . 2 ROSCOE N. KIDDER, PRESIDENT August 26, 2003 KIDDER BUILDING & WRECKING, INC. Joseph Averka 383 Abbott Street North Andover, MA 01850 RE: Demolition of House 383 Abbott Street North Andover, MA Dear Mr. Averka or Whom it May Concern: LICENSED, INSURED & BONDED Please be advised that Kidder Building & 'Wrecking, Inc. was coi-Aracted by Joseph Averka to demolish the residential structure at the above referenced location. Upon receiving copy of the fully executed demolition permit from the Town of North Andover and/or Mr. Averka, Kidder will schedule the demolition within 5 days of receipt of said permit. Anticipated schedule if conditions are met is the week of September 22, 2003. If you have any questions, please feel free to call me at 603-382-1422. �Sincerely,���' e' ---Geot/. Mello/ General Manager 247 MAIN STREET • ROUTE 121A • PLAISTOW, NH 03665 . (603) 362-1422 s FAX (603) 382-3697 AN EQUAL OPPORTUNITY EMPLOYER Mailing date: September 26, 2003 M�a Brian LaGrasse, agent North Andover Board Health 27 Charles Street North Andover, MA 01845 P1 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT Plaintiff - V. - Defendant STIPULATION �IAt ONCE APPROVED BY THE JUDGE, THIS AGREEMENT BECOMES A COURT ORDER AND BOTH PARTIES ARE LEGALLY REQUIRED TO FOLLOW IT. If questions arise, please consult the housing specialist. I UNDERSTAND THAT I HAVE THE RIGHT TO A HEARING ON MY CASE BEFORE A JUDGE, BUT INSTEAD I CHOOSE IGN THIS GREEM� NT . �/a S `03 AS'agnegdarnd dated by Plaintiff Sligned d dated by Defendant P1 ' tiff's orney Defenda is Attorne& ief H using Sp ialist9,.t$► Jud D vid__D�. ��Ke mWi Patrick J. McDonough �3 v� ��` )q ? "' a , Z, , COPIES GI (MAILED) TO PARTIES ON 9-+4J '�03 Combined ifo Household Goods Bill of Lading and Freight Bill e, -A AM=F= NOWNG & ST. MUM IN m cmm RD., surra B MANCHESTER, NH 03109 0 603-62&WIO Name r K C:,_ Tel. 5 i'a Cc From 'Kc,( V_ -)i it �!, Apt. TO NC, �fcxc,,p qciC) S -t Apt. Other Stops Moving Date Clc-t g i 0S Day VJE�S Time TIME RB�RD Start 9"05 A.M. T P.M. Finish • A.M. P.M. customer Initials JOB HOURS TRAVEL TIMEr1`40; I TOTAL HOURS Moving Rate: VansMen @$_:_ 9a Per Job Hr., Plus Hrs. Travel Time ESTIMATE OR REMARKS (Approx. estimate -packing date -instructions on job -or olh ger info.) n 44 F's, C-,) Article Value CUSTOMER: BY - MOVER: ALL PMOVING gw,4 PR qq, INC. - BY. DELIVERY RECEIPT Except as specifically endo ed hereon All services d All aiti les 9 in Good Condition CUSTOMER: BY. RATES AND DESCRIPTION ICHARGES MOVINdL2, hours @ $ per hr. OVERTIME hours @ $ J per hr. CARTAGE cu. ft. @ $ per cu. ft. 4WEIGHT lbs. @ $ per lb. 'PIANO CHGS. H ER, OWMIME SEMS AFM 8 MM NQ Barrels, packed --@ $ each I Barrels, loaried _@ $ each Wardrobes @ $ each Cartons or a6§ @ $ each Matt canons $ each ,D fte r WL PM I WL TROIL Tw Vh'se. Labor6hgs. -age chgs., Amt. $ @ $ per $100.00 TOTAL CHARGES Advance Deposit BALANCE DUE RECEIVED PAYMENT MOVER: _ALLM NOYM & STMAGE, IWO. BY: CU&TOMER'S BILL & P�EECEIPT TERMS: Charges Payable in Cash, Money Order, or Certified Check on Delivery. (For Cwtorner When job Is Completed) MILBIN PRINTING, INC. 1290 MOTOR PKWY. HAUPPAUGE. NY 11749 (631) 582-8900 (9 COPYRIGHT 1986, FORM # 400 COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT North Andover Board of Health, Plaintiff Vs. Joseph Averka and Faye Averka, Defendants STIPULATION No: 03 -CV -00110 The undersigned parties hereby stipulate and agree as follows: (1) The case shall be continued from October 16, 2003 @ 9:00 A.M. to October 23, 2003 @ 9:00 A.M.. (2) It is expected a demolition permit will be issued on or before that date. (3) The fine of $100.00 per day is to end on October 16, 2003. Plaintiff: North Andover Board of Health by Br' n La sse, Inspector B ian LaGrasse Defendants: Joseph and Faye Averka by their Attorney Wilbur A. Hyatt Wilbur A. Hyatt COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT North Andover Board of Health, Plaintiff Vs. No: 03 -CV -00110 Joseph Averka and Faye Averka, Defendants STIPULATION The undersigned parties hereby stipulate and agree as follows: (1) The case shall be continued from October 16, 2003 @ 9:00 A.M. to October 23, 2003 @ 9:00 A.M.. (2) It is expected a demolition permit will be issued on or before that date. (3) The fine of $100.00 per day is to end on October 16, 2003. Plaintiff: North Andover Board of Health by Br' n La sse, Inspector B ian LaGrasse Defendants: Joseph and Faye Averka b�yptheir �Q jAtttorney Wilbur A. Hyatt W �C� Wilbur A. Hyatt V COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT North Andover Board of Health, No: 03 -CV -00110 Plaintiff Vs. Joseph Averka and Faye Averka, Defendants DEFENDANT'S MOTION TO CONTINUE NOW COME the Defendants and move that the Court continue the matter scheduled for October 23, 2003, to November 6, 2003, for the following reasons: 1. The Defendants have complied with everything they had control of to prepare their home for demolition at their expense: (a) They vacated the premises about five weeks ago and now live temporarily at Extended Stay America in Danvers, Massachusetts; (b) They have had the water to their home disconnected and capped in the street; (c) The gas to their home has also been disconnected and capped; (d) They hired a mover to move their furniture and belongings to the storage locker they have rented; (e) The mover, however, although he was paid, worked one day and did not return (A copy of the paid bill was given to Plaintiff); (f) Another mover has been hired and is to move the rest of the belongings to storage on Tuesday, October 21, 2003; (g) The electricity and telephone lines are the only utilities still attached to the building and defendant intends to notify them to disconnect their service after the mover has completed the move; 01 (h) After the electricity and telephone lines have been disconnected these companies will sign off on the demolition application; (i) A demolition permit should be granted by Town of North Andover and this will be given to the Kidder Company, the Demolition Company who is supposed to demolish the home and garage within five to seven days thereafter. Plaintiff has copy of Agreement; (j) During the time immediately prior to demolition Defendant will cause an exterminator to exterminate the residence. If the Plaintiff will be a bit more tolerant all will be accomplished as represented. Dated: October 21, 2003 Respectfully Submitted Joseph and Faye Averka By their Attorney: W Wilbur A. Hyatt 8 Jackson Court Lawrence, MA 01840 (978) 688-3521 B.B.O.9246320 CERTIFICATE OF SERVICE I hereby certify that I gave notice of the within Motion to Continue by delivering a copy to the Plaintiff's office at 27 Charles Street, North Andover, Massachusetts, and leaving with 16k-tczt,, t'&-Qttsse Dated: October 21, 2003 A51-�. a, Wilbur A. Hyatt COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT Plaintiff - V. - !!�ta �t--r-�D$endant i - y No. STIPULATION undersigned parties hereby stip !l to and agree as follows: fti -W - O v EX. ONCEAPPROVED BY THE JUDGE, THIS AfREEMENT BECOMES A COURT ORDER AND BOTH PARTIES ARE LEGALLY REQUIRED TO FOLLOW IT. If questions arise, please consult the housing specialist. I UNDERSTAND THAT I HAVE THE BEFORE A JUDGE, BUT INSTEAD I - L7-rm i Mx-flm MW Pi f's torney ief Hou ng.Speciali 3-6 Patrick J. McDonough RIGHT TO A HEARING ON MY CASE CHOOSE TO SIGN THIS AGRE NT f U / -�3( Signe an date by Defendant Defendant's Attor Judge David D. Kerman COPIE Tn53k ILED ) TO PARTIES ON /,I " -A 3 "e3 I11-24-03 14:49 HYATT&HYATT WILBURA, HYATT THOMAS A BURKE ARMAND M. HYATT' - Admided to MA, NH arb CAL Ban P01/02 LAW OFFICES HYATT & HYATT 8 JACKSON COURT LAWRENCE. MASSACHUSETTS 01940-1812 13Y FAX TO: (978) 688-9542 ATTN: Brian J. LaGrasse, Health Inspector North Andover Board of Health 27 Charles Street North Andover. MA 01845 Re: 383 Abbott Street - Averka Residence Dear Mr. LaGrasse: TELEPHONE (978) 68&3521 TELECOPIER (978) 689-8977 November 24, 2003 I am enclosing a paid bill of Daniel A. Giard, a contractor who completed the final phase of any work required on the above -captioned premises, by pumping -out, crushing and filling of the septic tank. Please communicate this to your Board and send me a letter acknowledging the Averka's full compliance so that we may file a stipulation with the Housing Court and have the pending case dismissed or closed. Yours tryly, Wilbur A. Hyatt Attorney for Joseph and Faye Averka WAB/dr TOTAL PAGES IN TRANSMISSION: TWO 11-24-03 14:49 HYATT&HYATT ID=9786898977 P62/02 DANIEL A. GIARD Gomm conwaeting 130A Appleton Sheet NORTH Aro ER, MA 01845 (978) 686-7653 � h � STATEMENT Dare TERMS: PLEASE DETACH AND am AN WRN YOUR REMITTANCE s —CM9 SG IPi(ON. CHARGES'• cti• •,CliEbi�E' Y�Bfil'AN�E. BALANCE FORWARD L oQ DANIEL A. GIARD � Cl m PAY THIS AMOUNT HIB COLUMN 1 105 CMR: DEPARTMENT OF PUBLIC HEALTH 410.600: continued 1 (D) The occupants of each dwelling, dwelling unit, and rooming unit shall be responsible for the proper placement of his garbage and rubbish in the receptacles required in 105 CMR 410.600(C) or at the point of collection by the owner. 410.601: Collection of Garbage and Rubbish The owner of any dwelling that contains three or more dwelling units, the owner of any rooming house, and the occupant of any other dwelling place shall be responsible for the final collection or ultimate disposal or incineration of garbage and rubbish by means of: (A) the regular municipal collection system; or (B) any other collection system approved by the board of health; or (C) when otherwise lawful, a garbage grinder which grinds garbage into the kitchen sink drain finely enough to ensure its free passage, and which is otherwise maintained in a sanitary condition; or (D) when otherwise lawful, a garbage or rubbish incinerator located within the dwelling which is properly installed and which is maintained so as not to create a safety or health hazard; or (E) when otherwise lawful, by backyard composting of compostable material, provided that the composting operation does not attract rodents or other vectors and does not create a nuisance, and provided further that in the case of composting by an occupant, the occupant obtain the prior written permission of the owner. (F) any other method of disposal which does not endanger any person and which is approved in writing by the board of health. (See 105 CMR 410.840.) 410.602: Maintenance of Areas Free from Garbage and Rubbish (A) Land. The owner of any parcel of land, vacant or otherwise, shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage, rubbish or other refuse. The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety, and well-being of the occupants of any dwelling or of the general public. (B) Dwellin¢ Units. The occupant of any dwelling unit Shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish, other filth or causes of sickness that part of the dwelling which he exclusively occupies or controls. (C) Dwellings Containing Less than Three Dwelling Units. In a dwelling that contains less than three dwelling units, the occupant shall be responsible for maintaining in a clean and sanitary condition, free of garbage, rubbish, other filth or causes of sickness the stairs or stairways leading to his dwelling unit and the landing adjacent to his dwelling unit if the stairs, stairways or landing are not used by another occupant. (D) Common Areas. In any dwelling, the owner shall be responsible for maintaining in a clean and sanitary condition free of garbage, rubbish, other filth or causes of sickness that part of the dwelling which is used in common by the occupants and which is not occupied or controlled by one occupant exclusively. The owner of any dwelling abutting a private passageway or right-of-way owned or used in common with other dwellings or which the owner or occupants under his control have the right to use or are in fact using shall be responsible for maintaining in a clean and sanitary condition free of garbage, rubbish, other filth or causes of sickness that part of the passageway or right-of-way which abuts his property and which he or the occupants under his control have the right to use, or are in fact using, or which he owns. 4/22/94 105 CMR - 1630 ■ Complete items 1, 2, and 3. Also complete item 41f Restridfed Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 4��� -� A. ignature ❑ Agent �(�❑ Addressee . eceived by (Print d Name) C. Date of Delivery �r3r� D. Is delivery address different from item 1? ❑ Yes If YES, enter delivery address below: ❑ No 3. Service pe O-Ce—rtified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article Number (Transfer from service label) 7004 2 510 0001 6602 3494 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE I I I I I First -Class Mail Postage &Fees Paid uSRS Permit No. G40 • Sender: Please print your name, address, and ZIP+4 in this box • North Andover Health Department 1600 Osgood Street Building 20; Suite 2-36 North Andover, NIA 01845 m ru 0 rq 0 0 0 C3 a Ln ti 0 m N 'Certified Mail Pravides: r (e�eAaa)aotneunr'oose��sa o A mailing receipt n A unique identifier for your mailpiece A n A record of delivery kept by the Postal Service for two years Important Reminders: c Certified Mail may ONLY be combined with First -Class Maile or Priority Mail®. n Certified Mail Is notavaiiable for any class of international mail. o 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 seance, please complete and attach a Return Receipt (PS Form 3911? to the article and add applicable postage to cover the fee. Endorse mailpieoe 'Return Receipt Requested". To receive a fee waiver for a duplicate return receipt, a USPS® postmark on your Certified Mail receipt is required. c For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent. Advise the clerk or mark the maiipiece with the endorsement "Restricted -Delivery. n 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. Internet access to delivery information Is not available on mail addressed to APOs and FPOs. ",_2 C' i6 'NO 1► it it 1 a � PUBLIC HEALTH DEPARTMENT Community Development Division NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: June 9, 2006 To Owner of Record: Joseph Averka, Trustee The Averka Realty Trust 260 Marbleridge STreet N. Andover, MA 01845 Property Location: 383 Abbott Street North Andover, MA 01845 An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel on May 26, 2006. 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 specified time period may result in further action by the North Andover Board of Health. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven (7) days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Aer, RS/ HS h Director Encl. 4 Photos of 383 Abbott St. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com ORDER LETTER An authorized inspection of 383 Abbott Street was performed by Board of Health staff on May 26, 2006 at which violations of 105 CMR 410.000 Chapter II of the State Sanitary Code, Minimum Standards of Fitness for Human Habitation were found. All violations must be corrected within seven (7) days of receipt of this Order Letter or a plan for completion must be approved by this office if a professional contractor must be hired to do the work. Violation Regulatory reference Re -inspection Vacant land has excessive debris Items observed from the public way: - tires, tarps, metal shelving, 410.602 (A) Land discarded lamp post, misc. metal objects, bricks etc. "The owner of any parcel of land, vacant or otherwise, shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage, rubbish or other refuse. The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety, and well-being of the occupants of any dwelling or of the general public". The owner must remove all excessive garbage, rubbish or refuse noted above, or present but yet unidentified, from the site. The owner must maintain the property free from garbage,- - - - rubbish or other refuse. 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com c.*`�\�wM 4. � � Axl" 7�f� �r � `{ is aT�%i`� I .-•� ..r �q�?��.�_. z` Rin sik,ArtR' '`�Er1''MC t ,�yt-� ✓L,M yy �r i#e t, 7l � 4�� � f ' �� ca r1 w n r u b. C. r row 41 ✓ nA•af ��. ,t�� ` e `Yip IA'R .! a M .r , r .A .�• F y�l n : \�-. �ri,�r s r ✓r ', �,Ms k 1' tF ,� •, ` k y� ��i -.t a"'i I 1 � \'_. '` '�' .�Y �•A\ � 1 �41i�{ � 4r�i!� �,,"x4 �.��.. ,r�{•^' ,\• �. i to -h -!fit Vit; / ` -�. •.. � � _ r .rx � ` 41 r 3•� � �' � � ,, y"�C� « ,1st" �• •"� � T� r`; d, .h tiL� �� � 'iP' ;s+y�i✓ '�.� .� 9 tir.:: ti: t i���4wr��� � t �� REQUEST FOR CRIMINAL COMPLAINT FOR STATE SANITARY CODE VIOLATIONS / To any Justice or Clerk -Magistrate of the /U o.,_4i_ -5 Housing Court: � <V Ds^��-s ! / v��.Z�t/G✓' CT LZ/� i on behalf of the ommonwealth, /on oath complains that: was and is the owner of residential premises located at On 200 ( a representative of the /— Program inspected the said premises and determined that the dwelling did not comply with the provisions of Article II of the State Sanitary Code, 105 C.M.R., §410.000; On 7_0&n.e-- I 200 pursuant to §410.832 - 833 of the Code, the defendant was served with a written order to comply; On200, and from day to day thereafter the fendant has failed to comply with the order, each such day being a separate offense and a separate and distinct count of this Complaint; all in violation of State Sanitary Code, 105 C.M.R., §410.910-920, and the public health law, Gen.L. c. 111, §127A, and the defendant did so willfully, intentionally, recklessly or repeatedly. r_Tv 1 Date: plainant: Assigned for hearing on ,200(p, ate o'clock. On hearing (Complainant)(Defendant)(both parties)(neither party), I find no probable cause for the Complaint. Process shall not issue. On hearing (Complainant)(Defendant)(both parties)(neither party), and Complainant having sworn or affirmed that the Complaint is true upon information and belief, I find probable cause, and order summons to issue returnable Dat Clerk -Magistrate North Andover Health Department 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 978.688.9540 - Phone 978.688.8476 — Fax healthdeptCcDtownofnorthandover.com - E-mail www.townofnorthandover.com - Website Letter of Transmittal Page of G NORTh p�St�eo ,6,9ti �i � 0 ey � O soeH�<..ew.ew 1' g440pAreo T0: L,_>t 6 v .— DATE: Z - v COMPANY: 2 FROM: 44waoe el aahigie, Health Department rtment Aassistant Phone: 2�) % RE: ''v ✓ �," Fax: AX _ -77 � n w , We are sending you. O Copy of Letter O Plans O Other (fill in below) These are transmitted as checked below: ➢ L74wt vadffAb*d ➢ OFor.4�ga►vrr� ➢ O,&RaVAw*d ➢ Of-arAw ewadou rmw ➢ L7*RaLiad ➢ Okryar&v ➢ O&mkm# afiinfbr ➢ 0AW"O a:pi sfbr&t. REMARKS: —i—� !� LAI, ✓� `zLv � n w , COPY T0: / COPY TO: SIGNED: COPY TO: III v' 14L, / I _l 3'c) LAW OFFICES • HYATT & HYATT 8 JACKSON COURT LAWRENCE, MASSACHUSETTS 01840-1612 WILBUR A. HYATT THOMAS J.BURKE ARMAND M. HYATT • TELEPHONE (978) 688-3521 TELECOPIER (978) 689-8977 • Admitted to MA, NH and CAL Bars June 28, 2006 — RECEIVED Susan Sawyer I JUL -- 5 2006 North Andover Health Department LfHEAOTHDEP�ARVVENTN TH ANDOVER 27 Charles Street North Andover, MA 01845 Re: J. Averka Matter Abbot Street Property Dear Ms. Sawyer: I have discussed the Abbot Street problem with Mr. Averka and am now requesting additional time (until July 10, 2006) to have the problem abated. I thank you in advance for your kindness and tolerance towards Mr. Averka's problem and feel sure it will be abated. Yours Ply, s ,W Wilbur A. Hyatt Attorney for Joseph Averka WAH/dr • � .amu 4`.., .... tY� J �' 'S ` �`•,� .-��.� attr<Rt- +t \a•. a r�r � ' • �t" i{0 � a tr. �� .♦ r 1t 1 � v R �� �x -moi "..w $� �. �' �" � .++�r��` i+ • �`� .�`E') s .sem - COMMONWEALTH OF MASSACHUSETT NORTHEAST HOUSING COURT NO. 06 -PC -00282 NORTH ANDOVER BOARD OF HEALTH, Plaintiff V. JOSEPH AVERKA, Defendant CONSENT STIPULATION OF JOSPEH AVERKA I, Wilbur A. Hyatt, Attorney for Joseph Averka and Faye Averka, under duly executed full durable Power of Attorney on behalf of both Joseph Averka and Faye Averka, hereby consent and stipulate to the following: (1) Joseph Averka and Faye Averka are the owners of a certain vacant parcel of land at the corner of Abbott Street and Marbleridge Road in North Andover, Essex County, Massachusetts; (2) The land has been cluttered with wood brush and debris; (3) I have agreed that the parcel shall be inspected monthly and a report of the condition of the land will be sent to the North Andover Board of Health commencing December 1, 2006 for a period of no less than one year. Signed this 20th day of November, 2006. V) ' 4�0� WILBUR A. HYATT, eAder grant of Power of Attorney by t e Defendant and his co-owner/mother Plain * f's Consent: san Sawyer, for North Andover Board of Health LAW OFFICES HYATT & HYATT 8 JACKSON COURT LAWRENCE, MASSACHUSETTS 01840-1612 WILBUR A. HYATT THOMAS J. BURKE ARMAND M. HYATT' Admitted to MA, NH and CAL Bars October 3, 2006 ATTN: Susan Sawyer North Andover Board of Health 120 Main St. North Andover, MA 01845 Re: Joseph Averka Dear Ms. Sawyer: TELEPHONE (978) 688-3521a—"`d TELECOPIER (978) 689-8977 Enclosed please find Consent and Stipulation of Joseph Averka which was signed on September 27, 2006 by Joseph Averka. Sincerel , Wilbur A. Hyatt /dr Enclosure as indicated P.S. I'm sorry. I thought that this had already gone out in the mail. WAH NORTHEAST HOUSING COURT 2 Appleton Street Lawrence, Massachusetts 01840 (978) 689-7833 VERIFIED COMPLAINT AND AFFIDAVIT CD Plaintiff's Name lOS rr�C� Address old C)Ifv-5 City zip Code Telephone Defenda is Name Address MA - City zip Code Telepho e I state under the pains and penalties of perjury as follows: Therefore, I am asking the Court to: L D e vv — Date S'gned under pe lties peri x'Y NORTHEAST HOUSING COURT 2 Appleton street Lawrence, Massachusetts 01840 (978) 689-7833 VERIFIED COMPLAINT AND AFFIDAVIT ,::>L t !"'�I / U O, r A YL- %. � v Plaintiff's Name ® OS r• Address a /1 Jame s c Address City Zip Code City Zip Ccce it 'l�l.ephone Telepho e I state under the.paiCnns and penalties of perjury as follows: C Therefore, I am asking the Court to: P p- r r I_< I l Date S'gned under_pe alties_ per rY DdileChiaie, Pamela From: Sawyer, Susan Sent: Monday, December 05, 2005 5:51 PM To: DelleChiaie, Pamela Subject: FW: Pam, can you print these out please. I am working on the letter. THX -----Original Message ----- From: Sawyer, Susan Sent: Wednesday, November 23, 2005 1:50 PM To: Tom Trowbridge (E-mail) Subject: Tom, Michele's computer wasn't working, so I am sending you these per her request. Susan Susan Sawyer, R.S. Public Health Director office 978 688-9540 fax 978 688-8476 2005-11-22 Averka 2005-11-22 Averka 2005-11-22 Averka 2005-11-22 Averka 008.JPG 009.JPG 010.JPG 011.JPG Tom, Michele's computer wasn't working, so I am sending you these per her request. Susan Susan Sawyer, R.S. Public Health Director office 978 688-9540 fax 978 688-8476 t �Z i .r a * i"Z# t�+� 2 Vit; ! �# • L -j. �t� ''1 S�• r t r ... I .C`� "'q�, +t�:ya" � �. � � ,tom .Y► •�+�d ' ; �- PAZ _ ..-.1.• �Ta�, T �+f� . '?�, ••� N , J��.+. i tic .y' y�,�. i gL •. , t w, �J_��.� fir''+� °�J�"� ,. �'� ry�� �. 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J /�{' - y r• ti ' y ��„4 r T y �``�:J rr , g ;s wa. } . ✓" } � - iY#"'r fir:. r m ��.k�`� � :" ' ^,�' +r,e vtl�i �ti`;1 i '�.-.�•�! .��*��[� . .rio,I T.I�f y rR 'sr..: as' F.. -' v �$` ��1r�/- maE.J..:% Gr,a..• �} ��*z ��I yp. �IL ��.J {�•,�,� �� � \ 1 '1. • 1 �t �+e 1i J� w �f eri t r "'-i! yM � { s�� . • � .. t E �• " r\' v � -�- u K 'r irr 1}i.�l` +':i 1�Jt'�a, 1�.,. is � �> _,, i .. , 'y1 •2F�2J/t �l gyp, { f,yJ.. N . > ; 4 v♦ rT � r 1, sf�'11i.�¢vrY'^R,,v_ f� �✓ 1� �i 5�� ���M .� NORT#j ,A ��ttLID ,6 q/yO I ///-moi / M ti. M 4 % � 1� eyy Oq cocnuw�wu• . 1• PUBLIC HEALTH DEPARTMENT Community Development Division October 6, 2006 Northeast Housing Court Fenton Judicial Center ATTN: FAIRLIE DALTON 2 Appleton. Street Lawrence, .MA 01840 Re: 383 Abbott Street Dear Ms. Dalton, Please find the attached two documents in the matter of the Town of North Andover vs. Joseph Averka. The first proposed document was faxed to my office on September 25, 2006, the date of the last scheduled show cause hearing. The .Health Office approved this document with the exception to the hand written notes, and as you know, I in turn requested the hearing to be postponed. Then, Mr. Averka's attorney sent this second document. This document had similar language; however it places the responsibility on Mr. Averka to police and report to the Health Office. In conversation with Attorney Hyatt, I expressed my concerns with this second proposal. At minimum this office is requesting that Mr. Averka send his reports to his attorney, which will in turn submit them to the Health Office. In this manner, the attorney can ensure that the task has been completed. In addition, I requested that the first inspection to be completed and submitted November 1, 2006, then every two months there after. The reasoning for this, was due to the impending winter weather and to institute easy to remember due dates. i.e., reports will be due Nov. 1, 2006, January 1, 2007, March 1, 2007 etc. until a request to discontinue has been granted. In addition, this letter serves as notice that the Health Office contacted the court and set the next date for the postponed show cause hearing for November] 3, 2006. At that time we can review the progress of the implementation of the stipulation. A copy of this correspondence is being sent to all parties involved and shall serve as notice to this hearing date. fau, wyer, REHS/RS i Public Health Director Cc: Joseph Averka, 260 Marbleridge Road, North Andover, MA 01845 Attorney Wilber A. Hyatt, 8 Jackson Court, Lawrence, MA 01840-1612 Atch: Correspondence dated 9/25/06 and 9/26/06, and 10/3/06 1600 Osgood Street, North Andover, Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com ------- I II"I i H1 vL nYHI I LAW OPPICES HYATT & HYATT S JACKSON COURT WILSUR A. HYATTLAWRENCE. MASSACHUSETTS 01840.1612 THOMAS J.BURKE ARMANO M. HYATT" ` FACS.IMILE...TRANS,MISSION .: CbV.Ep . SHEET Admltt40 to MA, NH and CAI, Bars Date, — To: PAGE 01/02 TELEPHONE (978) 688-3521 TELECOPIER (978) 689-8977 Via Fax Number-, Tel -Confirmation: ! bdt7 � (1 Number of Pages being sent, including this Cover Sheet: From: v Re: MEMO a4a tu CONFIDENTIALITY NOTICE: - The infOrmation and doc"ants hereby transmitted are privileged and contain confidential matters intended Only for the dissemination, distribution or reproduction ie guthaXizedrt�f arced shave. No other reading, error, please notify the sender immediately by telephone and r turn by mail the transmitted Original(s) without making any co You receive this Py in Thank you for copy, Your expenses in so doing trill be reimbursed Y attention and cooperation in preserving confidentiality and promptly, privacy. Town of North Andover NORTk O�SZLED ,6w4 -.o Office of the Health Department Community Development and Services Division ; 27 Charles Street North Andover, Massachusetts 01845 4SSgCHusE`� Sandra Starr Telephone (978) 688-9 Public Health Director Fax 978 ) 688-9542 NORTH ANDOVER BOARD OF HEALTH ORDER LETTER-ADDEMDUM Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human. Habitation, 105 CMR 410.000. Date: June 20, 2003 To Owner of Record: Faye and Joseph Averka 383 Abbott Street North Andover, MA 01845 Property Location: 383 Abbott Street North Andover, MA 01845 Staff of the North Andover Board of Health was verbally informed by Attorney Wilbur Hyatt that the course of action you have decided to take includes the demolition of the existing dwelling in. place of the required renovations. The Board unanimously voted at their scheduled meeting on June 19, 2003, to issue additional special conditions to be added to the Order Letters dated February 25, 2003 and February 28, 2003 issued to the aforementioned property owners and subject property. If the following conditions are not met in the time allotted, the Board of Health reserves the right to fully enforce the original Order Letters and also the right to condemn the dwelling in accordance with 105 CMR 410.831(E). The Board of Health unanimously voted to table any action if the following conditions are met. 1. The property owners must have a received a demolition permit from the Building Department to demolish the dwelling by no later than July 4, 2003. A copy of this permit must be submitted to the Health Department. 2. The property owners must have the demolition completed by no later than July 17, 2003. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 6850540 PLANNING 688-9535 If you have any questions, comments or concerns, please feel free to call me at the aforementioned number between the hours of 8:30-4:30, Monday through Friday. Sincerely,, rian J. LaGrasse Health Inspector CC Board of Healfv- Sandra Starr, Public Health Director North Andover Fire Department Michael, McGuire, North Andover Building Department Elizabeth Englehart, Merrimack Valley Elder Services, S60 Merrimack Street Building #5 Lawrence, MA 01843 Attorney Wilbur Hyatt, 8 Jackson Court, Lawrence, MA 01840 File �O-� )e' � '3 2 NORTHEAST HOUSING COURT 2 Appleton Street Lawrence, Massachusetts 01840 (978) 689-7833 VERIFIED COMPLAINT AND AFFIDAVIT Nora►. R�aio,oer 1� v6 �d o� i�et..i � (,� welt�n � � ��f�c.�l i.,a(p-rhSS< < A'�¢nt� _ /� J ®'SC�� Y4n� �a►�j � Oil e.'l �� i Plaintiff's Name Defendant's Name, 21- c l\.' Ac s S+- 3 % S Ab6o f 5tr O -- Address Address l r 0N4 City Zip Code City Zip Code a SLi 6 a 9-<6 ft710E`6 _ 1<� Wk Telephone Telephone I state under the pains and penalties of perjury as follows: IU CNr� NIO.�C(� And1 �I� Cn�SZ .Qi/V IU t'ke, gC(,JoQ 1S CA&efMQre.ti I tic coNci f�Js� are ��.,,���4� �`N` +Le O�.Asr Wier 11 ZCPoet Gla e 2�2N�03• Therefore, I am asking the Clourt to: I 4cr +vo- welt�n UJ:- �n �or- �u a a ii1Ab.�.��0� HNA GaNAe,nf ,t - AV -^A Jt. +-, a� i7 �c61 v 3OigheFd V Date er penalties of pe jury - - — — T --- COMMONWEALTH OF MASSACHUSETTS NORTHEAST HOUSING COURT NORTH ANDOVER BOARD OF HEALTH, NO: 03 -CV -00110 PLAINTIFF VS. JOSEPH AVERKA and FAYE AVERKA, DEFENDANTS STIPULATION TO DISMISS The undersigned parties, the parties to the above -entitled action hereby agree and stipulate as follows: (1) The above -entitled action be dismissed for the following reasons: (a) All the furniture in the defendant's home at 383 Abbott Street in North Andover has been removed and place4,in storage. (b) All the utilities connected to the premises have been disconnected and capped (where required) and removed from the premises; (c) A licensed wrecking contractor under a demolition permit issued by the Town of North Andover completely demolished and razed the house and garage of the defendants. (d) The cavity caused by the demolition has been filled-in with earth fill and inspected by the building inspector. (e) The septic tank has been emptied and crushed and filled with crushed stone and earth. (f) All that was required to be done by the North Andover Board of Health has been done, accomplished and completed. WHEREFORE, the pending action should be dismissed by the Honorable Court. Plaintiff. North Andover Board of Health Defendants: Joseph and Faye Averka by Brian LaGrasse, Inspector By their Attorney Wilbur A. Hyatt 12/16/03 12/ 103 fan LaGrasse Wilbur A. Hyatt OWNE ADDR DATE CCv �G,i t�S nc/l AoUrzs S o� Q e nn \S n tAre +4 -c sc,--e- ' ti 4,6- e- NORTH ANDOVER HEALTH DEPARTMENT 120 Main Street • North Andover, MA 01845 Telephone (508) 682-6483, Ext. 32 Complaint Investigation/Inspection Report .� f V\srS 1.—jip : ktAl LAID, 45-1 i o CAn1k !j10. J.:1a oW r"- `. or -,Lr U Sir✓ �, wr_�lr rrte GM�1 1 of � W2��+J% \5 ( eek ll� J y Town of North Andover Office of the Health Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Sandra Starr Public Health Director Telephone (978) 688-9540 Fax(978)688-9542 NORTH ANDOVER BOARD OF HEALTH ORDER LETTER-ADDEMDUM Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: February 28, 2003 To Owner of Record: Faye and Joseph Averka 383 Abbott Street North Andover, MA 01845 Property Location: 383 Abbott Street North Andover, MA 01845 The North Andover Board of Health unanimously voted on February 27, 2003, to issue special conditions to be added to the Order Letter dated February 25, 2003 (copy attached) issued to the aforementioned property owners and subject property. If the following conditions are not met in the time allotted, the Board of Health reserves the right to fully enforce the original Order Letter and also the right to condemn the dwelling in accordance with 105 CMR 410.831(E). The Board of Health unanimously voted to table any action until the regularly scheduled meeting on March 27, 2003 if the following conditions are met. 1. The property owners must have a signed contract with a sewer tie-in contractor to connect the dwelling to the municipal sewer. A copy of this contract with a commencement date must be submitted to the Health Department. 2. The property owners must contact a plumber by March 7, 2003 and have a date scheduled for work to commence. The work scheduled must address Violation #5 in the original Order Letter. A copy of this statement including a commencement date must be submitted to the Health Department. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 3. ALL of the trash, junk, debris and rotting food needs to be removed from the dwelling. Anything not perishable that is not discarded must be put into storage (either the garage or a rented storage unit). 4. The entire dwelling needs to be cleaned and sanitized by the scheduled meeting on March 27, 2003. The Health Department will create a cleaning schedule with the property owners that will outline tasks to be completed on a weekly basis. 5. Staff from the Health Department will perform weekly inspections with full cooperation from the property owners and be allowed to document the progress until the next meeting. 6. Staff from the Health Department will then perform monthly' inspections of the subject dwelling to document the maintenance, upkeep and overall living conditions therein for a minimum of one year. If you have any questions, comments or concerns, please feel free to call me at the aforementioned number between the hours of 8:30-4:30, Monday through Friday. Sincerel , rian J. LaGrasse Health Inspector Hand Delivery by an authorized agent of the Board of Health and an officer of the North Andover Police Department in accordance with 105 CMR 410.833(B)(1), 105 CMR 410.833 (B)(2), and 105 CMR 410.833 (B)(4). CC: Board of Health Sandra Starr, Public Health Director Officer Jay Staude, North Andover Police Department Criminal Investigations Inspector Daniel Cronin, North Andover Police Department North Andover Fire Department Michael, McGuire, North Andover Building Department Elizabeth Englehart, Merrimack Valley Elder Services, 360 Merrimack Street Building #5 Lawrence, MA 01843 File 2 Town of North Andover o No p=H Office of the Health Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 4ssaCHU Sandra Starr Telephone (978) 688-9540 Public Health Director Fax (978) 688-9542 February 28, 2003 Joseph Averka 383 Abbott Street North Andover, MA 01845 RE: Task Outline Dear Joseph: The following is the outline of tasks to be completed according to the associated schedule: February 28, 2003 through March 7, 2003 • Remove all trash, debris etc from kitchen and bathroom. • Clean and sanitize all fixtures such as, sinks, stove, refrigerator, tub, toilet, table, counters, floors and walls. This includes all mold, mildew, fungi, cobwebs, grease, grime and filth. • Contact plumber to schedule work and have date scheduled. • Contact sewer tie-in contractor. March 7, 2003 through March 14, 2003 • Remove all trash, debris etc from living room and dining room. • Dust, clean and sanitize all walls, floors and furniture. Carpets must be vacuumed and shampooed. Remove all cobwebs and wash curtains and windows. • Submit sewer tie-in contract with contractor BOARD OF i--WPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 14F.ALTH 688- 9540 PLANNING 688-9535 lcr March 14, 2003 through March 21, 2003 • Remove all trash, debris etc from both bedrooms. • Dust, clean and sanitize all walls, floors and furniture. Carpets must be vacuumed and shampooed. Remove all cobwebs and wash curtains and windows. • Wash all clothes and put clean laundry away. • Wash bedding sheets, pillow cases and blankets and replace on beds. March 21, 2003 through March 27, 2003 • Garbage, trash, junk and rubbish outside must be removed. • Submit sewer tie-in contract with scheduled start date. • Overall cleaning and sanitizing of dwelling. • Any items not previously completed by the scheduled Board of Health Meeting. If you have any questions, comments or concerns, please feel free to call me at the aforementioned number between the hours of 8:30-4:30, Monday through Friday. Sincerely, *Bian j. gLaGrass-e Health Inspector Hand Delivery by an authorized agent of the Board of Health and an officer of the North Andover Police Department in accordance with 105 CMR 410.833(B)(1), 105 CMR 410.833 (B)(2), and 105 CMR 410.833 (B)(4). CC: Board of Health Sandra Starr, Public Health Director Officer Jay Staude, North Andover Police Department Criminal Investigations Inspector Daniel Cronin, North Andover Police Department North Andover Fire Department Michael, McGuire, North Andover Building Department Elizabeth Englehart, Merrimack Valley Elder Services, 360 Merrimack Street Building #5 Lawrence, MA 01843 File Town of North Andover Office of the Health Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01845 Sandra Starr Public Health Director Telephone (978) 688-9540 Fax (978) 688-9542 NORTH ANDOVER BOARD OF HEALTH ORDER LETTER Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: February 25, 2003 To Owner of Record: Property Location: Faye and Joseph Averka 383 Abbott Street 383 Abbott Street North Andover, MA 01845 North Andover, MA 01845 An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel on February 24, 2003 in response to a request by The North Andover Police Department regarding potential housing code violations and the presence of conditions deemed to endanger and impair the health and/or safety of any occupants. The inspection revealed violations of the State Sanitary Code, Chapter II, as listed on the attached Violation Form. You are hereby ORDERED to correct the violations within the time allotted on the enclosed form. Failure to comply within the specified time period may result in further action by the North Andover Board of Health. Several of the violations documented are conditions deemed to endanger or impair the health and/or safety of the occupants and emergency personnel. The conditions documented on the Inspection Report including the excessive filth, unsanitary conditions and the failed subsurface disposal system are severe enough for the Health Department to deem the dwelling unfit for human habitation until the violations are rectified. In accordance with 105 CMR 410.831(D) the Board of Health will hold an immediate public hearing regarding the conditions of the property located at 383 BOARD OF APPEALS 688-9541 BUILDTNG 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Abbott Street, owned by Joseph and Faye Averka. You are herby requested to attend a public hearing before the Board of Health on February 27, 2003 at 7:00 P.M., located in the conference room of the North Andover Department of Public Works at 384 Osgood Street, North Andover, MA. At said hearing you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Hand Delivery by an authorized agent of the Board of Health and an officer of the North Andover Police Department in accordance with 105 CMR 410.833(B)(1),105 CMR 410.833 (B)(2), and 105 CMR 410.833 (B)(4). 2 ORDER LETTER — VIOLATION FORM An authorized inspection of 383 Abbott Street was performed by Board of Health staff on February 24, 2003 at which time violations of 105 CMR 410.000 Chapter II of the State Sanitary Code, Minimum Standards of Fitness for Human Habitation were found. If upon inspection, any dwelling is found unfit for human habitation and may endanger or impair the health, or safety and well-being of a person or persons occupying the premises in accordance with 105 CMR 410.750, then per 105 CMR 410.830(A)(B) the owner must make a good faith effort to correct the violation within twenty-four (24) hours and/or begin necessary repairs or submit a contract in writing with a third party within five (5) days for the correction of the violations. Failure to respond within the allotted time period may result in the Board of Health taking further action. VIOLATIONS OF 105 CMR 410.750(A -N) TO BE ADDRESSED WITHIN TWENTY- FOUR (24) HOURS 1. There is excessive trash, rubbish, junk and debris throughout the dwelling. The amount of debris etc. severely inhibits movement throughout the dwelling. There is a severe accumulation of rotted and perishable food items in the kitchen area with various types of flies and a strong odor of cat urine throughout the dwelling. "The occupant of any dwelling unit shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish, other filth or causes of sickness...." (105 CMR 410.602(B)). Every room in the dwelling needs to be emptied of all rubbish, garbage and debris and thoroughly cleaned and sanitized. This violation is also a violation of 105 CMR 410.750(I) which states that this condition, "when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of an occupant or the public... (I) Failure to comply with provisions of 105 CMR 410.600, 410.601, 410.602 which results in the accumulation of garbage, rubbish, filth or other causes of sickness which may provide food source or harborage for rodents, insects or other pests or otherwise contribute to accidents or to the creation or spread of disease." Please address this violation within 24 hours by removing all rubbish, garbage and debris and thoroughly cleaning and sanitizing the dwelling. VIOLATION CORRECTED: DATE: 2. There is excessive trash, rubbish, junk and debris around the exterior of the dwelling. "The owner of any parcel of land, vacant or otherwise, shall be responsible for maintaining such a parcel of land in a clean and sanitary condition and free of garbage, rubbish or other refuse...." (105 CMR 410.602(A)). The property needs to be cleared of all rubbish, garbage and refuse. This violation is also a violation of 105 CMR 410.750(I) which states that this condition, "when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of an occupant or the public... (1) Failure to comply with provisions of 105 CMR 410.600, 410.601, 410.602 which results in the accumulation ofgarbage, rubbish, filth or other causes of sickness which may provide food source or harborage for rodents, insects or other pests or otherwise contribute to accidents or to the creation or spread of disease." Please address this violation within 24 hours by removing all rubbish, garbage and debris from the property. VIOLATION CORRECTED: DATE: 3. The dwelling does not have proper access and egress. The accumulation of debris limits movement inside the dwelling and obstructs access and egress by emergency personnel and the occupants. "No person shall obstruct any exit or passageway. The owner is responsible for maintaining free from obstruction every exit used or intended for use by occupants" (105 CMR 410.451). Please address this violation within 24 hours by removing all rubbish, garbage and debris from the dwelling. This violation is a violation of 105 CMR 410.750(G) which states "when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of an occupant or the public ... (G) Failure to provide adequate exits, or the obstruction of any exit, passageway or common area caused by any object, including garbage or trash, which prevents egress in case of an emergency 105 CMR410.450, 410.451 and 410.452." Please address this violation within 24 hours. VIOLATION CORRECTED: DATE: In 4. The dwelling does not have a smoke detector. "The owner of every dwelling that is required by any provision of the Massachusetts General Laws to be equipped with smoke detectors shall provide and maintain all such required smoke detectors in compliance with such provision and with any applicable regulation of the State Board Fire Prevention (527 CMR) or of the State Fire Marshall..." (105 CMR 410.482). Please install a sufficient number of smoke detectors as determined by the North Andover Fire Department. This violation is a violation of 105 CMR 410.750(N) which states "when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of an occupant or the public... (N) Failure to provide a smoke detector required by 105 CMR 410.482." Please address this violation within 24 hours. VIOLATION CORRECTED: DATE: 1 VIOLATIONS TO BE ADDRESSED WITHIN FIVE (5) DAYS 5. The sinks in the bathroom and kitchen and the pipes in the basement leak. The pipes in the basement are leaking from the base of the bathroom fixtures and may contain gray water and/or coliform bacteria. There is an excessive build up of mold, mildew and fungus in the basement. "The owner shall install in accordance with accepted plumbing, gasfitting and electrical wiring standards, and shall maintain free from leaks, obstructions or other defects, the following: (A) all facilities, and equipment which the owner is or may be required to provide including, but not limited to all sinks, washbasins, bathtubs, showers, toilets, waterheating facilities, gas pipes, heating equipment, water pipes, owner installed stoves and ovens, catch basins... " (105 CMR 410.351(A)). Please repair all water leaks. The water leaks have caused a severe chronic dampness problem around the sinks.and in the basement. "Every owner shall maintain the foundation, floors, walls, doors, windows, ceilings, roof, staircases, porches, chimneys, and other structural elements of his dwelling so that the dwelling excludes wind, rain and snow, and is rodent proof, watertight and free from chronic dampness, weathertight, in good repair and in everyway fit for the use intended. Further, he shall maintain every structural element free from holes cracks, loose plaster, or other defect where such holes, cracks, loose plaster or defect renders the area difficult to keep clean or constitutes an accident hazard or an insect or rodent harborage." (105 CMR 410.500). Please alleviate the chronic dampness and clean all mildew, mold and fungi. VIOLATION CORRECTED: DATE: 6. The Health Department sent correspondence dated October 5, 2001 (copy attached) mandating that the dwelling be connected to the municipal sewer system after staff confirmed that there was septic effluent ponding in the rear yard from a failed septic system and total coliform bacteria was confirmed through water testing. This is in violation of the Massachusetts Housing Code, Title 5 Regulations and The North Andover Septic Regulations 105 CMR 410.300, 105CMR 410.750(F), 310 CMR 15.303(1)(a)(2), 310 CMR 15.305(l),310 CMR15.024 (5) and 6.03 of the N. Andover Septic Regs. Please connect to municipal sewer immediately or submit a letterlor written contract stating when the house will be connected. VIOLATION CORRECTED: DATE: 105 CMR 410.910 PENALTY FOR FAILURE TO COMPLY WITH ORDER 7. "Please be aware that any person who shall fail to comply with any order issued pursuant to the provisions of 105 CMR 410.000 shall upon conviction be fined not less than $10.00 nor more than $500.00. Each day's failure to comply with an order shall constitute a separate violation. See also 105 CMR 410.854(B)." The Board of Health shall levy a fine in accordance with 105 CMR 410.910 for each day or portion thereof in which a violation exists after its associated deadline. 105 CMR 410.831 DWELLINGS UNFIT FOR HUMAN HABITATION: HEARING: CONDEMNATION: ORDER TO VACATE: DEMOLITION 8. "If an inspection pursuant to 105 CMR 400.100 or 105 CMR 410.820 reveals that a dwelling or portion thereof is unfit for human habitation, the Board of Health may (after complying with 105 CMR 410.831(B), (C), or (D), if the dwelling is occupied) issue a written finding that the dwelling or portion thereof is unfit for human habitation. The finding shall include a statement of the material facts and conditions upon which the finding is based". (105 CMR 410.831(A)) "Exception to notification and hearing requirements. If at anytime the Board of Health determines in writing that the danger to life or health of the occupant(s) is so immediate that no delay may be permitted, then the Board of Health may immediately issue a finding that an occupied dwelling.or portion thereof is unfit for human habitation without providing the notification or hearing specified in 105 CMR 410.831(B) and (C). A copy of the determination of immediate danger, and a copy of the finding of unfitness for human habitation shall be sent to each affected occupant, and to the owner". (105 CMR 410.831(D)) Upon inspection of the subject dwelling and conditions therein, it is the opinion of the Health Department that an emergency exists and that this letter and violation form serve as a determination in writing that the danger to life or health of the occupant(s) is immediate enough to relinquish the 5 day public hearing notification. It should be noted that one of the occupants is a senior citizen and included in the Highly Susceptible Population (HSP) and should be cared for accordingly. 7 A Re -inspection will be performed by the North Andover Health Department subsequent to the deadlines stated above. If the conditions are corrected prior to the required time limit, please call the North Andover Health Department at 978-688-9540 for an inspection. If you have any questions, comments or concerns, please feel free to call me at the aforementioned number between the hours of 8:30-4:30, Monday through Friday. Sincerely, 'Bpl`an J. LaGrasse Health Inspector CC: Board of Health Sandra Starr, Public Health Director Officer Jay Staude, North Andover Police Department Criminal Investigations Inspector Daniel Cronin, North Andover Police Department North Andover Fire Department Michael, McGuire, North Andover Building Department Elizabeth Englehart, Merrimack Valley Elder Services, 360 Merrimack Street Building #5 Lawrence, MA 01843 File NORTH ANDOVER HEALTH DEPARTMENT 120 Main Street • North Andover, MA 01845 Telephone (508) 682-6483, Ext. 32 Complaint Investigation/Inspection Report OWNERAv ADDRESS DATE 2 :1 `. �t�Ic•_r�x.:� }L-� !'aN�' d���� —��sv� Lito. ��t t0_� CFI" uto•�c� ���. i N icm � L\S+ Sandra Starr Health Director Town of North Andover Office of the Conservation Department Community Development and Services Division October 5, 2001 Faye and Joseph Averka 383 Abbott Street North Andover, MA 01845 RE: Sewer Tie -In Dear Resident: Health Department 27 Charles Street North Andover, Massachusetts 01845 ORDER LETTER Telephone (978) 688-95. Fax (978) 688-9542 Our records indicate that your property is currently in non-compliance with the North Andover Board of Health Regulation regarding sewer tie-in. It appears the sewer tie-in fee has been paid to the North Andover Department of Public Works but the actual tie- in has not taken place. Your subsurface disposal system is in violation of 310 CMR 15.303(1)(a)(2) " there is discharge of effluent directly or indirectly to the surface of the ground through ponding, surface breakout or damp soils above the disposal area... " Since the current system is failing to protect public health, safety and the environment, you are hereby ORDERED to immediately connect to the municipal sewer system. The connection must be completed before December 24, 2001. Failure to connect by the aforementioned date will result in legal action that may result in the condemnation of the dwelling. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven (7) days from the receipt of this order. At said hearing you will be given an opportunity to be heard. and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all 'records concerning the matter to be heard. You may be represented by an attomey. You also have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HE.kLTH 688-9540 PLANNING 688-9535 If you have any questions, please feel free to call the Health Department Monday - Friday between 8:30 and 4:30 at 978-688-9540. Sincerely, - Sandra Starr Health Director cc: Board of Health Brian LaGrasse, Health Inspector Department of Public Works File LAW OFFICES HYATT & . HYATT 8 JACKSON COURT LAWRENCE, MASSACHUSETTS 01840-1612 WILBUR A. HYATT THOMAS J.BURKE ARMAND M. HYATT Admitted to MA, NH and CAL Bars December 3, 2003 ATTN: Brian J. LaGrasse, Health Inspector North Andover Board of Health 27 Charles Street North Andover, MA 01845 Re: Averka / 383 Abbott Street North Andover, MA Dear Mr. LaGrasse: < r TELEPHONE (978) 688-3521 ' TELECOPIER (978) 689-8977• S03 I enclose three copies of the Stipulation of Dismissal of the action brought by the Board of Health against my clients, Faye Averka and Joseph Averka in the Housing Court, No: 03 -CV -00110, concerning their property above -captioned. I have reviewed the three Order letters sent to them dated October 5, 2001, February 25, 2003 and June 20, 2003, concerning certain conditions that existed on their premises and were deemed violations. They have met the requirements of the law and abated the problems for which they were cited. If you review the Stipulation to Dismiss you will see that item by item, there has been a completed compliance with the Board's mandates, and I believe in all fairness the Court case should be dismissed so that Faye Averka and Joseph Averka can once again feel as "citizens" of the Town of North Andover. Please review the Motion and get your Board's approval to sign it and return two signed copies to me so that I can file one with the Court and keep one for my files. Respectfully, WAS Wilbur A. Hyatt Attorney for Faye and Joseph Averka WAH/dr Enclosures as indicated r i Town of North Andover �►' W Office of the Conservation Department Community Development and Services Division Health Department 27 Charles Street Sandra Starr North Andover, Massachusetts 01845 Health Director ORDER LETTER October 5, 2001 Faye and Joseph Averka 383 Abbott Street North Andover, MA 01845 RE: Sewer Tie -Ln Dear Resident: � µORTif q �6,�itlO pat tiQ o p 9SSACFiI{5�4 Telephone (978) 688-9540 Fax (978) 688-9542 Our records indicate that your property is currently in non-compliance with the North Andover Board of Health Regulation regarding sewer tie-in. It appears the sewer tie-in fee has been paid to the North Andover Department of Public Works but the actual tie- in has not taken place. Your subsurface disposal system is in violation of 310 CMR 15.303(1)(a)(2) " there is discharge of effluent directly or indirectly to the surface of the ground through ponding, surface breakout or damp soils above the disposal area..." Since the current system is failing to protect public health, safety and the environment, you are hereby ORDERED to immediately connect to the municipal sewer system. The connection must be completed before December 24, 2001. Failure to connect by the aforementioned date will result in legal action that may result in the condemnation of the dwelling. 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 hearingmust be made in writing and received by the Health Department within seven (7) days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You also have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 If you have any questions, please feel free to call the Health Department Monday - Friday between 8:30 and 4:30 at 978-688-9540. Sincerely, Sandra Starr Health Director cc: Board of Health Brian LaGrasse, Health Inspector Department of Public Works File Z 370 627 461 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) Sent to Street t3 u 0 /f— Post Otfio , Ft e,1Sv)'JP e ll �� Postage $ ,34 Certified Fee 0 Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered 5 0 Retum Receipt %wxmg to Whom, Date, & Addressee's Address TOTAL Postage & Fees $ Postmark or Date /L / (O-VOAOd) 5661 Ipdv `008£ wood Sd C C m o m m �0 E E m '� 2 R E t o L m m �Z a a? 8 N w .� o o _� m E N c- o' a� c u vo ai O E m J E J L C L U N r - CU O m a m C .L-. m an d Q. C r L m m m J U E a m G ..2 m t N N N C E .� m m Om _O O a m a 0 O .0 a CL O W c E t Y c' m v a O E ° 2: m 0 m y m y' c .ro o c vmi m n c U Q (D c m iim¢S= Y m �aTc Y zyy� 22 w' Y m U a N C E U U C C m ... J N p J N 02 ma' -O L m s o w m C1 N m a O� L m m LY L y .- Lu d� .� N m` p ,�roO a vi H c V m Q aci E o _a " a n m 2 N `1 W a O co m vi n N L U .� E m W m W N G C A N 3 O nF a� m 5 api n t _ c -NCC a a � o .� C.H C N U C J m tm 0 L O m m C W m `1 N `0 3 m a 3 m cc _ o m J N p o'ap o a t o N m Y Im T m O T c T d E m U W n m E H -p N U)_ w U cn LG 'Co 3 N E M O M S a ta0 fp v Town of North Andover Office of the Health Department Community Development and Services Division 27 Charles Street North Andover, Massachusetts 01.845 Sandra Starr Health Director ORDER LETTER October 5, 2001 Faye and Joseph Averka 383 Abbott Street North Andover, MA 01845 RE: Sewer Tie -In Dear Resident. ` NORTy � r0 St�flO `e sQ.0 �9SSacHus s� Telephone (978) 688-9540 Fax (978) 688-9542 Our records indicate that your property is currently in non-compliance with the North Andover Board of Health Regulation regarding sewer tie-in. It appears the sewer tie-in fee has been paid to the North Andover Department of Public Works but the actual tie- in has not taken place. Your subsurface disposal system is in violation of 310 CMR 15.303(1)(a)(2) " there is discharge of effluent directly or indirectly to the surface of the ground through ponding, surface breakout or damp soils above the disposal area... " Since the current system is failing to protect public health, safety and the environment, you are hereby ORDERED to immediately connect to the municipal sewer system. The connection must be completed before December 24, 2001. Failure to connect by the aforementioned date will result in legal action that may result in the condemnation of the dwelling. You have the right to request a hearing before the Board of Health if you feel this order should be modified or withdrawn. A request for said hearing must be made in writing and received by the Health Department within seven (7) days from the receipt of this order. At said hearing you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You also have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. BOARD OF APPEALS 688-9541 Bi �ILDIi`IG 688-9545 CONSERN"ATION 688-9530 HEALTH 688-9540 PL INNING 688-9535 If you have any questions, please feel free to call the Health Department Monday - Friday between 8:30 and 4:30 at 978-688-9540. Sincerely, Sandra Starr, R.S., CHO Health Director cc: Board of Health DPW File Is