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Miscellaneous - 45-4 Royal Crest Drive
45-4 Royal Crest Drive To — 1=�,— ( )� ❑ AM Date Time ❑ PM WHILE YOU WERE OUT of Phone�) Area Code Number Extension TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU URGENT RETURNED YOUR CALL Message nLm� lAC1 Operator AMPAD �` -` ,, REORDER e EffICIEN �T' T2s-000 CY ® SENDER: Comblete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return recei t foe will rovide ou the namo of the erson delivered to and the date of deliver . For additio�es the following services are avail. le. onsult postmaster for fees and check box(es)for additional service(s)requested. 1. ElShow to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number Robert Batson P257 054 658 The Flatley Co. Type of Service: 50 Braintree Hill Off. Park ❑ leegistered ❑ Insured Braintree, MA 02184 ❑ Certified ❑ coo ❑ Express Mail ❑ Return Receipt for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED. 5. Siature — A dre see .`U�' "" 8,;8! Addressee's Address (ONLY if X �cj r requested and fee paid) 6. Si ture — gent X . Jc 7. Date of Delivery ;e PS Form 3811, Apr. 1989 *U.S.G.P.0.1989-238-815 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address and 21P Code In the space below. • Complete items 1,2,3,and 4 on the U- reverse. �p • Attach to front of article if space permits, otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO N.ANDBIVER BOARD Of HEACM 120 MAIN STREET THE FLATLEY COMPANY Fifty Braintree Hill Office Park Braintree,MA 02184-8754 • (617)848-2000 Robert S. Batson Property Administrator i I. Ii I I i i I� -,/ ��� i � �� kyr - >���-� � C��-�—�� _�030) 1�� �-�-�. �r�.ed � � � � ��� � ����' �� tv�r.�� NORTH 6 �4,D` BOARD OF HEALTH 120 MAIN STREET TEL: 682 6483 """° U � NORTH ANDOVER, MASS. 01845 Ext. 32 or 33 SACMS March 21 1991 Mr. Charles Nichols The Flatley Company 50 Braintree Hill Office Park Braintree, MA 02184 RE: 45 Royal Crest Estates Dear Mr. Nichols: In reviewing this department's file on 45 Royal Crest Drive, it has come to my attention that the compliance letter issued to you on March 5, 1991 dealt specifically with Unit #4 . Further review of this case revealed an order letter from this department dated November 21, 1991. This particular order letter dealt with the entire building #45. A re-inspection of building #45 conducted on March 18 , 1991, in the company of Mr. Robert Batson, Property Manager, revealed no visible mold growth in either of the unoccupied- units #2 and #3 or in any common areas. As a result of this inspection and satisfactory air sampling results submitted to this office, the Board of Health deems compliance with the order letter issued to Mr. Batson on November 21, 1991 in connection with the above mentioned property. If you have any further questions regarding this case, please feel free to contact me at the above number. Thank you for your cooperation. Very truly yours, Allison C. Conboy, .S. ; CHO Health Administra or ACC/cj p cc: Robert Batson 22 Royal Crest Dr. , Apt. #4 North Andover, MA 01845 Mr. Howard Wensley Dept. of Public Health Division of Community Sanitation 150 Tremont Street Boston, MA 02111 Factory Mutual Engineering Boston District Office 1151 Boston-Providence Turnpike P.O. Box 9102 May 9, 1988 Norwood, Massachusetts 02062 I Telephone (617) 762-4300 Telex 92-4415 Mr. Nicholas Nicatta, Building Inspector North Andover Town Hall 120 Main Street North Andover, MA 01845 t Subject: The Flatley Company North Andover, IIA05766 Loss No. 9174.03-85-05-2, September 27, 1985 Index No. Mr. Nicatta Account No. 2-31242 Dear the Royal Crest Estates North�Andover, MA: As Adjusters for Arkwright Mutual Insurance Company, we inform you that claim f is being made for damages to buildings or structures located at c/o Board of Health owned by the Flatley Company, 50 Braintree Hill Office Park, Braintree, MA 02184. This notice is given as required by Massachusetts General Laws, Chapter 139, Section 3B and Chapter 175, Sections 97A and 99, as amended. Very truly yours, , Raymond K. Kurpeski , Senior Adjuster Boston District Office RKK/ri 1/1 653A i 1 cc: Health Department,/ T 1 i i f NORTH I O �ao � BOARD OF HEALTH 120 MAIN STREET TEL 682-•6483 �9sSAcmU51. NORTH ANDOVER, MASS. 01845 Ext. 32 or 33 March 21, 1991 Mr. Charles Nichols The Flatley Company 50 Braintree Hill Office Park Braintree, MA 02184 RE: 45 Royal Crest Estates Dear Mr. Nichols: In reviewing this department's file on 45 Royal Crest Drive, it has come to my attention that the compliance letter issued to you on March 5, 1991 dealt specifically with Unit #4 . ' Further review of this case revealed an order letter from this department dated November 21, 1991. This particular order letter dealt with the entire building #45. A re-inspection of building #45 conducted on March 18 , 1.991, in the company of Mr. Robert Batson, Property Manager, revealed no visible mold growth in either of the unoccupied units #2 and #3 or in any common areas. As a result of this inspection and satisfactory air sampling results submitted to this office, the Board of Health deems compliance with the order letter issued to Mr. Batson on November 21, 1991 in connection with the above mentioned property. If you have any further questions regarding this case,. please feel free to contact me at the above number. Thank you for your cooperation. Very truly yours, Allison C. Conboy, . S. ; CHO Health Administra or ACC/cjp cc: Robert Batson 22 Royal Crest Dr. , Apt. #4 North Andover, MA 01845 Mr. Howard Wensley Dept. of Public Health j Division of Community Sanitation 150 Tremont Street Boston, MA 02111 VIP- ao THE FLATLEYCO M PANY Fifty Braintree Hill Office Park • Braintree,Massachusetts 02184 • 617/848-2000 Charles R. Nichols Vice President Financial and Legal Affairs March 4, 1991 Allison Conboy Board of Health Town of North Andover 120 Main Street North Andover, Massachusetts 01845 Re: Royal Crest Estates Dear Ms. Conboy: As a follow up to our telephone conversation today please find attached a copy of the report provided by Goldman Environmental Consultants. Attached to said report is a report of their Sub-Contractor with the specific test results. As you are aware from my correspondence to Stephanie Foley of your Board of Health Office, we have made diligent efforts to comply with whatever testing was appropriate on the subject matter. We believe fairly strongly that the motivation of the complainant was suspect. The results attached hereto appear to bear out that feeling. I have today contacted Mr. Robert Batson at the property, and asked him to contact you directly to coordinate your ongoing effort regarding this property. If for any reason you have a need to discuss this further with me please feel free to contact me. In the meanwhile I will anticipate that Mr. Batson will attend to the appropriate coordination with you. Very truly yours, Charles R. Nichols CRN:ls enclosure cc: Robert Batson Commercial/Industrial • Mark Development Company . Mayo Health Facilities • Residential Properties • Sheraton Tara Hotels • The Flatley Media Group Goldman Great Pond Center GEC Environmental 15 Pacella Park Drive Consultants,Inc. Randolph,MA 02368-1755 617961-1200 IIIIIIIIIIIIIIIII I I 1-800-446-2014(MA only) fax 617961-6546 January 28, 1991 Charles Nichols Vice President of Finance and Legal Affairs The Flatley Company 50 Braintree Hill Office Park Braintree, MA 02184-8754 RE: Summary of Air Quality Study Royal Crest Estates Dear Mr. Nichols: Pursuant to our contract with the Flatley Company, arranged at your request, Goldman Environmental Consultants (GEC) undertook to test the air quality and spore content of samples taken from certain locations within the Royal Crest Estates in North Andover, Massachusetts. Acting under the direction of GEC, and in my presence, our subcontractor Cashins & Associates, Inc, and their staff spent four to five hours on January 9, 1991 obtaining samples from Building 45, Apartments 2, 3, 4, Building 46, Apartment 1 , and a location set up for background air quality samples located outside of Building 45. Air samples were collected using BGI Ind. air monitors in conjunction with Millipore 37mm, 0.8 micron pore size, mixed cellulose ester filters. The sampling equipment was calibrated before and after each sampling period using a precision rotameter. The collected air samples were analyzed by Mr. Richard Fink of Environmental Health Associates. The analysis consisted of the staining of the filter media and microscopic examination at 400X magnification. The test results indicated that the apartments studied had airborne microbiological concentration levels lower than that which was found in the background sample outside the building. The air analysis data confirms visual observations made in each unit studied. Cashins & Associates did not visually observe mold contamination in any of the apartments studied. page 2 Charles Nichols January 28, 1991 1 want to thank you for the opportunity to be of service to the Flatley Company and if I can provide additional assistance on this matter please contact me at 961-1200. Enclosed is our invoice for services rendered in the amount of $2,170.72. We would appreciate your prompt remittance. Sincerely, Robert A. Fricke Vice President of Technical Services Enclosure cc: Robert Cashins - Cashins & Associates, Inc. Goldman Environmental Consultants,Inc. GOLDMAN ENVIRONMENTAL CONSULTANTS, INC. 15 Pacella Park Drive Randolph, MA 02368-1755 617-961-1200 January 25, 1991 Period 1 The Flatley Company Attn: Charlie Nichols 50 Braintree Hill Office Pk. Braintree, MA 02184 Invoice #: 1 Flatley:AirQual,NoAndover,MA 280-014-90 Date Action Time Amount 2/ 1/90 Labor: 1.00 150.00 L L.M. Goldman, Principal. . . 150 .00 2/ 1/90 Labor: 0.50 50 .00 1/11/91 Labor: Site inspection. 4.00 400.00 R.A. Fricke,VP TechnicalServ. . . 450.00 2/ 1/90 Misc. Subcontractor: Cashins & Associates. 1309.43 1/11/91 Mileage: Fricke-1-9-91. 20'29 1/25/91 Fax Mail: 2 pages @ .50�. 1.00 Prior Balance Due: $ 240.00 Services this Period: $ 600.00 Expenses this Period: $ 1330.72 AMOUNT NOW DUE: $ 2170 .72 60 V ;/a 911 a ^ CASHINS & .ASSOCIATES INC. Lynnfield Office Park CONSULTANTSIN,t:CUSMAL-iYGIENEAND (617) 2,15-3773 40 Salem Street VENTILATION DESIGN Lynnfiald. MA 01940 24 January 1991 Mr. Robert Fricke Goldman Environmental Consultants 15 pacella Park Drive Randolph, ISA 42368 Dear Mr. Fricke, Cashins & Associates Inc. collected air samples for spore, diatom, and pollen counting. The air samples were collected in apartments at the Royal Crest Estates complex located in No. Andover, M.A. The purpose of the air sampling was to determine the airborne microbiological activity in the units studied. Air samples were collected using BGI Inc. air monitors in conjunction with Millipore 37 mm, 0.8 micron pore size, ;,ixed cellulose ester filters. The sampling equipment was calibrated before and after each sampling period using a precision rotameter. The air samples were analyzed by Mr. Richard Fink of Environmental Health Associates. The analysis consisted of the staining of the filter media and examination at 40Ox magnification. The results of the microscopic evaluation are attached. The test results indicate that the apartments studied had airborne microbiological concentration levels lower than that which was found outside the building. The air analysis data confirms .visual observations made in each unit studied. Mold contamination was not detected by visual observation in any of the apartments studied. If you have any questions please contact me. Very truly yours, Cashins & Associates inc. Robert F. Cashins Certified Industrial Hygienist i Client: Goldman Environmental Consultants Inc. ; Location: The Flatley Company Royal Crest Estates No. Andover, MA Survey Date: January 9, 1991 Cashins & Associates Inc. Table No. 1 Microbiological Results Sample Location Sample Results No. volume Spores Diatoms Pollen (1) 010991-1A Building 45 Apt- 3 991 5234 64 193 Back Bedroom 010991-1B Building -45p ' A t. 3 1020 6421 64** 64 Living Area 010991-2A Building 45 Apt-2 990 5437 66 323 Back Bedroom 010991-25 Building 45 Apt.2 979 5567 133 265 Living Area 010991-3 Outside Building 45 882 5896 114 221 010991-4A Building 46 Apt.l 1.067 _ 1640 61** 365 Living Area 010991-4B Building 46 Apt.1 1155 2527 57** 56 Living area * Results reported in specie per cubic meter of air ** None Detected, less than value reported I tkO R 71.E Of 4, BOARD OF HEALTH O p 120 MAIN STREET �SsACHusNORTH ANDOVER, MASS. 0184.5 33 March 5, 1991. Mr. Charles Nichols The Flatley Company 50 Braintree Hill Office Park Braintree, MA 02184 RE: 45 Royal Crest Drive, apt. #4 Dear Mr. Nichols: As discussed at our meeting on , March 6, 1..D 9 1, the air sampling results you have submitted for 45 royal C.r�el:,A Dri:vo indicate no excessive spore counts. The Board of Ifealt.tr compliance with the order letter issued to Robert Batson 'ot the Flatley company on September 7, 1990 regarding the 'above: mentioned property. If you have any further questions regarding this case,., please feel free to contact me at the above number. Thank you. for your cooperation. Ver truly yours,' Allison C. Conboy, R.S.< (-1G Health Administrator ACC/cjp t NOR7M q BOARD OF HEALTH 3 c O A Y 0 °° 120 MAIN STREET TEL: 682-6483 q.if W PP`y y 9sSgCHUSES� NORTH ANDOVER, MASS. 01845 Ext. 32 or 33 November 21, 1990 The Flatley Company 50 Braintree Hill Office Park Braintree, MA. 02184-8754 RE: Royal Crest Estates - Building -4 Bob Batson: ' J An inspection of the building of 45 Royal Crest Df. on 11/20/90 showed a significate mold problem throughout the building,. I met with other tenants that showed me evidence of mold in their apartments. Because of this new information that has been introduced to me, I must remind you of the order that was issued to you on November 7 , 1990 stating that you are to have an environmental consulting company become actively involved with determining the mold/spore level in building 45. Tests should be performed to determine the amount of mold, the type(s) of mold and the health hazard associated with the identified mold types. Please contact me with your. intentions and the results of the analysis within the 30 days of the date of the order (Dec. 7) If you have any questions, please contact me at (508) 682-6483 . Sincerely, Stephanie J. L. Foley Health Agent cc: State Dept. Public Health Carol Morrissey f / � r ol D&a" William F.Weld 150 :JTxvm"w fie, w Governor David P.Forsberg A't n O'e Secretary David H.Mulligan Commissioner March 14, 1991 Ms. Carol A. Morrissey c/o Atty. K. Griffin 50 Staniford Street Boston, MA 02114 RE: North Andover - 45 Royal Crest Dr. , Apt. 4 bear Ms. Morrissey: The Massachusetts Department of Public Health has not issued, nor is it in a position to issue orders to the owners of your apartment complex regarding testing for mold. This Department, however, did recommend to the owners that they conduct such testing in your unit because of your allegations of mold sensitivity and the lack of visible mold growth. We did not make a determination that the building is not fit to live in. Mold was observed in two other apartments in your building. The North Andover Board of Health is the appropriate agency to order this condition corrected. Any tenants who believe they have been negatively impacted by the conditions of their dwelling units have the right to initiate private civil action. Sincerely, Ga/4,'�1 � - Howard S. Wensley, Direct r Division of Community Sanitation HSW/ch cc: North Andover Board of Health le a m�a-441'� `'A D 1 Carol A . Morrissey 45-4 Royal Crest Drive N . Andover , MA . 01845 January 3 , 1991 Mr . Goton Osgood , Chairman Board of Health City Hall N . Andover , MA . 01845 REGARDING : The Royal Crest Estate , N . Andover , MA . Dear Mr . Osgood , Unfortunately , I was not cognicent the health conditions at above apartment complex were raised for discussion , at the N . Andover Board of Health meeting held in December , which to date have not been discussed . As a resident of N . Andover , MA . , I employ you as Chairman of the Board , to schedule time on the calendar , as soon as possible , to hold the discussion . And send notification to my attention as I am planning to attend . Thanking you in advance for your anticipated assistance . Sincerely , Carol A . Morrissey t THE FLATLEY COMPANY Fifty Braintree Hill Office Park . Braintree,Massachusetts 02184 . 617/848-2000 Charles R. Nichols Vice President Financial and Legal Affairs December 27, 1990 Miss Stephanie J. L. Foley, Health Agent Board of Health 120 Main Street North Andover, Massachusetts 01845 Dear Miss Foley: On December 6, 1990, I wrote to you concerning a matter of great import. I am taking the liberty of enclosing a copy of my December 6th. letter which was descriptive as to the continuing problems we are facing as a result of the reports of a resident at Unit 4 at 45 Royal Crest Drive. Since my letter to you, I have contracted with an Environmental Consulting firm to conduct certain tests, to the extent we are able, within the building. The preliminary results of which have indicated there is no unusual mold content beyond the norm. We are, however, stymied in our continuing effort to do air quality testing within the unit, and in addition, we are concerned that the tests that you have ordered are not accompanied by any standards that can define the parameters of such testing. Since we have been refused admittance to the unit and we believe that the multitude of complaints registered by Carol Morrissey are nothing more than an intentional effort to circumvent her financial obligations to us as her landlord, we again ask for your immediate assistance in conducting such tests. I await your prompt response. Very truly yours, f)4 V'L�?ate't Charles R. Nichols Enclosure CRN:kjh cc: Stephen A. Greeley Commercial/Industrial 9 Mark Development Company • Mayo Health Facilities • Residential Properties 9 Sheraton Tara Hotels • The Flatley Media Group 1 I THE FLATLEY COMPANY Fifty Braintree Hill Office Park • Braintree,Massachusetts 02184 • 617/848-2000 ` Charles R. Nichols Vice President Financial and Legal Affairs December 6, 1990 Certified Mail P-541 249 486 Ms. Stephanie J. L. Foley, Health Agent Board of Health 120 Main Street North Andover, Massachusetts 01845 Dear Ms Foley: I am writing to confirm that we are attempting to act on the I order that you issued on November 7, 1990, as restated in .your letter of November 21 , 1990, regarding the apartment at the Royal Crest Estates in North Andover presently occupied by Carol Morrissey. As you are aware from several meetings with our personnel , we have been having a very ., difficult time with Ms. Morrissey in attempting to satisfy her concerns as expressed to us through you and other inspectors. I write in order to make it perfectly clear that the Flatley Company has attempted to correct any alleged deficiencies within the referenced apartment. However we have consistently been refused entrance to that apartment to investigate or make any corrections to any problems that may exist within the unit. As you are aware, we have taken necessary steps, with heavy equipment, to regrade the exterior perimeter of the building in order to alleviate any potential of dampness being created by surface water run-off. However, it seems that with each attempt we make to correct any deficiencies that may exist, we are being harassed by Ms. Morrissey in the form of her constant and repeated allegations, to any one who will listen, that we are not fulfilling our obligations pursuant. to various laws and the precepts of sound property management. I personally wanted to assure you on behalf of the Flatley Company, that we stand ready willing and able to comply with any reasonable directives issued by your office, and most importantly we are constantly on the alert to satisfy reasonable demands of our residents. It is however, impossible for us to comply with your referenced order due to the fact that the tenant occupying the premises refuses us admittance. raton Tara Hotels The Flatley Media Group Commercial/Industrial • Mark Development Company • Mayo Health Facilities • Residential Properties • She • - - Ms. Stephanie J. L. Foley, Health Agent December 6, 1990 Page Two The Flatley Company has a long history of satisfactory relations with the thousands of residents that occupy property owned by us, and we pride ourselves in our constant and continuing effort to provide the highest standard of quality possible in our various properties. Ms. Morrissey' s continued insistence that there are deficiencies, as evidenced by her reports to you, to the state health inspectors, to the E.P.A. , and various other regulatory agencies, make it very difficult for us to resolve any perceived deficiencies in light of her refusal to allow us to undertake remedial action; appears to us to be nothing but a continued effort on her part to avoid her financial obligations to us as her landlord. This of course will be met with the appropriate response in due course. In the meanwhile however, we are perplexed and are requesting your assistance to comply with any reasonable orders that you or other regulatory authorities have issued. The intentional interference by Ms. Morrissey in the form of her refusal to allow us to carry out responsibilities as a concerned property owner and to correct any deficiencies perceived, no matter what the causation, is not only seriously damaging to our long established reputation and good will , but may well be risking the well being of our other residents within the complex. In summary, let me assure you that we stand ready willing and . able to conduct any reasonable tests and take all appropriate corrective action, if only the complaining resident will allow us to do so, and we ask your assistance in accomplishing this. Very truly yours, Charles R. Nichols CRN:ls 0342T/19-20 cc: Town Counsel , Town of North Andover Stephen A. Greeley, Esquire v THE FLATLEY COMPANY Fifty Braintree Hill Office Park• Braintree, Massachusetts 02184-8754 01 � Miss Stephanie J.L. Foley, Health Agent Board of Health 120 Main Street North Andover, Massachusetts 01845 1 - 6"cait* OAie 0X4man �evy� /50 Michael S. Dukakis �a�,naxt ,�Gi►eeC Governor �OdtOn O'? 0, Philip W.Johnston Secretary David H.Mulligan Commissioner December 14 , 1990 Stephen A. Greeley Carolan, Sullivan & Greeley 65 Franklin Street f Boston, MA 02110-1303 . 1 i RE: NORTH ANDOVER 45 Royal Crest Drive Dear Mr. Greeley: As per your request I have looked at . the literature and have determined that there are no standards for mold or spore counts in indoor air for residential settings. Bioaerosols can vary greatly over time in any building. Comparison of relative numbers and types between inside and outside or between complaint areas and background sites can help to establish a trend. Low bioaerosol results by themselves are not considered proof that a problem does not exist. Any sampling must be accompanied by observation of building sanitary conditions and a determination as to whether any health problems appear to be related to bioaerosols. A sampling approach to be avoided are sampling plates which are simply opened to room air and then incubated. This does not provide an accurate representation of air quality,. In this particular case there is unquestionably a problem in the two rear dwelling units. This is confirmed by visible mold growth. Air sampling in Mrs. Morrisey' s apartment will give an indication, but not absolute proof of a problem whereas some individuals may be hypersensitive to mold at very low levels. If you should have any questions please feel fee to contact me. I Sincerely, Howard S. Wensley, Director Division of Community Sanitation HSW/ch cc: Carol Morrissey North Andover Board of Health After Five Days, Return to DEPARTMENT OF PUBLIC HEALTH 0� AIDS OFFICE P M ;�r35Tpy. __ ry t- 150 TREMONT STREET, I ITH FLOOR co2 1 G't DEC 21'90 940-v��tE'11-1l 90 BOSTON,MASS.02111 " 0 .2 5 M E TER 6730530 Stephanie Foley, Director Board of Health 120 Main Street North Andover, MA 01845 1. SNELL & FOLEY ATTORNEYS AT LAW 301 EDGEWATER PLACE WAKEFIELD, MASSACHUSETTS 01880 WILLIAM J. SNELL, III JOHN F. FOLEY,JR. TEL: (617) 245-0848 J. EDWARD SURETTE, III FAX: (617) 246-0566 December 10, 1990 Ms. Stephanie J. L. Foley, Health Agent Board of Health Town of North Andover 120 Main Street North Andover, MA 01845 RE: Allan and Patricia Abruzzio Apartment #3 , Building 45 Royal Crest Estates North Andover, MA Dear Ms. Foley: This office represents Allan and Patricia Abruzzio in regard to their complaints about the health situation existing in their apartment in Royal Crest Estates. We encourage you to continue to communicate with the Abruzzio family directly, but we would like you to be advised of our representation if you feel that you _ should avail yourself of direct communication with us at any time in the future. My clients appreciate your professional and thorough representation of the public interest in the conduct of your investigation in regard to their complaints. Very truly yours, r' William J. nell, III WJS/dha cc: Allan and Patricia Abruzzio It s---� THE FLATLEY COMPANY Fifty Braintree Hill Office Park . Braintree,Massachusetts 02184 . 617/848-2000 Charles R. Nichols Vice President Financial and Legal Affairs December 6, 1990 Certified Mail P-541 249 486 Ms. Stephanie J. L. Foley, Health Agent Board of Health 120 Main Street North Andover, Massachusetts 01845 Dear Ms. Foley: I am writing to confirm that we are attempting to act on the order that you issued on November 7, 1990, as restated in your letter of November 21 , 1990, regarding the apartment at the Royal Crest Estates in North Andover presently occupied by Carol Morrissey. As you are aware from several meetings with our personnel , we have been having a very difficult time with Ms. Morrissey in attempting to satisfy her concerns as expressed to us through you and other inspectors. I write in order to make it perfectly clear that the Flatley Company has attempted to correct any alleged deficiencies within the referenced apartment. However we have consistently been refused entrance to that apartment to investigate or make any corrections to any problems that may exist within the unit. As you are aware, we have taken necessary steps, with heavy equipment, to regrade the exterior perimeter of +he building in order to alleviate any potential of dampness being created by surface water run-off. However, it seems that with each attempt we make to correct any deficiencies that may exist, we are being harassed by Ms. Morrissey in the form of her constant and repeated allegations, to any one who will listen, that we are not fulfilling our obligations pursuant to various laws and the precepts of sound property management. I personally wanted to assure you on behalf of the Flatley Company, that we stand ready willing and able to comply with any reasonable directives issued by your office, and most importantly we are constantly on the alert to satisfy reasonable demands of our residents. It is however, impossible for us to comply with your referenced order due to the fact that the tenant occupying the premises refuses us admittance. Commercial/Industrial 9 Mark Development Company• Mayo Health Facilities 9 Residential Properties 9 Sheraton Tara Hotels • The Flatley Media Group Ms. Stephanie J. L. Foley, Health Agent December 6, 1990 Page Two The Flatley Company has a long history of satisfactory relations with the thousands of residents that occupy property owned by us, and we pride ourselves in our constant and continuing effort to provide the highest standard of quality possible in our various properties. Ms. Morrissey' s continued insistence that there are deficiencies, as evidenced by her reports to you, to the state health inspectors, to the E.P.A. , and various other regulatory agencies, make it very difficult for us to resolve any perceived deficiencies in light of her refusal to allow us to undertake remedial action; appears to us to be nothing but a continued effort on her part to avoid her financial obligations to us as her landlord. This of course will be met with the appropriate response in due course. In the meanwhile however, we are perplexed and are requesting your assistance to comply with any reasonable orders that you or other regulatory authorities have issued. The intentional interference by Ms. Morrissey in the form of her refusal to allow us to carry out responsibilities as a concerned property owner and to correct any deficiencies perceived, no matter what the causation, is not only seriously damaging to our long established reputation and good will , but may well be risking the well being of our other residents within the complex. In summary, let me assure you that we stand ready willing and able to conduct any reasonable tests and take all appropriate corrective action, if only the complaining resident will allow us to do so, and we ask your assistance in accomplishing this. Very truly yours, Charles R. Nichols CRN:ls 0342T/19-20 cc: Town Counsel , Town of North Andover Stephen A. Greeley, Esquire I CAROLAN, SULLIVAN & GREELEY SEG 1 1g�O ATTORNEYS AT LAW CHRISTOPHER P.SULLIVAN* 65 FRANKLIN STREET ALFRED J.CAROLAN,JR..P.C. BOSTON.MASSACHUSETTS 02110.1303 STEPHEN A.GREELEY PETER F.SHEA (617)348-2900 FAX(617)348.2147 PAUL DAVID MACHADO JAN E.BERNASCONI ANTHONY A.FROIO KATHLEEN M.CAROLAN 'ALSO ADMITTED IN NEW PORK December 6, 1990 CERTIFIED MAIL RETURN RECEIPT REQUESTED Ms . Stephanie J. L. Foley Board of Health 120 Main Street No. Andover, MA 01845 Re: Building 45 - Royal Crest Apartments North Andover, Massachusetts 01845 Dear Ms . Foley: We appreciate the opportunity we had to meet with you yesterday in your offices to discuss the history of complaints with respect to the above-referenced property and the considerable and consistent efforts made by The Flatley Company to remediate those problems . This letter is to advise you that The Flatley Company will agree to conduct the mold/spore testing which you have requested. " As you will recall, you issued an Order by letter dated November 7, 1990 to The Flatley Company directing the Company to conduct certain mold/spore tests . As you are aware, subsequent to the November 7, 1990 order, Ms. Morrissey expressed an interest in moving from the apartment complex and every effort was made to accommodate her wishes. At that point, the only suggestion of a mold problem was by Ms . Morrissey and, in fact, you had issued a report dated October 25, 1990 based on your own inspection of Ms . Morrissey' s unit, which did not indicate any findings of mold. Later in November, another tenant, Mr. Abbruzio, apparently registered a complaint with you and you inspected that tenant ' s unit and apparently found visible mold. Subsequently, on November 21, 1990 by letter to Bob Batson of The Flatley Company, you redirected The Flatley Company to conduct mold tests, again without identifying the type of tests and the standards which should be used. This letter is to inform you that we will forthwith conduct the required tests and we request any input you might like to have with respect to the testing procedures . CAROLAN, SULLIVAN & GREELEY Ms . Stephanie J. L. Foley December 6, 1990 Page 2 With respect to Mr. Abbruzio, like Ms. Morrissey, he has refused to allow the Flatley staff to enter his unit to professionally clean the furniture which apparently contains mold, and to remove and replace the carpet and pad. As we have told you, we believe the mold in this unit was caused by a leak which occurred during the heavy period of rain in early August of this year. As we have pointed out to you, that leak was repaired and, based upon our examination, that problem has been eliminated. We postulate that had the wetness to the rug caused by the leak been discovered at that point in August, none of these alleged problems, including Ms . Morrissey' s, would have ensued. There have been several accusations and complaints registered by Ms . Morrissey with respect to Apt . 4 in the Building 45 . In each instance, we believe we can readily prove that The Flatley Company responded immediately and rectified the problem. Ms . Morrissey' s cooperation, however, has been lacking. She has consistently refused our employees admittance to her apartment. We would appreciate it if you would order Ms . Morrissey and the Abruzzios to cooperate with us with respect to the mold-spore testing and all other efforts we undertake to correct the alleged dampness/mold problem. We believe their cooperation is statutorily mandated by the State Sanitary Code. We believe The Flatley Company and, in particular, Royal Crest Apartments, have an industry-wide reputation for being a clean and well-maintained first-class residential property. We intend to resolutely protect and maintain that reputation. As you are aware, at the prompting of Ms . Morrissey, we have offered to move Ms . Morrissey, at our cost, to another unit within the apartment complex, and, in addition, we have agreed to reimburse Ms . Morrissey for any out of pocket expenses . Based on her suggestion that she would like to move, we have alternatively offered to pay her moving expenses should she elect to move. At several points during this bizarre episode, Ms . Morrissey has indicated that it washer desire to avail herself of one of these two options, but she has yet to do so. We have made every good faith attempt to remediate all problems mentioned by Ms . Morrissey. Some of these efforts have included regrading the land to the rear of Building 45 and repairing certain walls; however, we have not been able to satisfy Ms . Morrissey. During this time, Ms . Morrissey has CAROLAN, SULLIVAN & GREELEY Ms . Stephanie J. L. Foley December 6, 1990 Page 3 attempted to involve the Town of Andover ' s Board of Health Department, - the Conservation Commission, The State Department of Public Welfare, the State Department of Communicable Diseases, the North Andover Fire Department, the North Andover Electrical Department and apparently, most recently, the Environemntal Protection Agency. We do not intend to allow this harassment to continue. We sincerely want to avoid involving those agencies in the litigation which is most assuredly about to commence. To this date, neither any governmental agency nor any professional retained or contacted by Ms . Morrissey has provided any documented evidence of an unsanitary mold or spore level in either Ms . Morrissey' s apartment or in Building 45 . As one expert we have consulted has informed us, there is mold in every rug and in every apartment in the Commonwealth for that matter. If you should have any questions or desire any further meeting with us, please feel free to contact me. In the meantime, we will be coordinating the testing that you have suggested and look forward to working with you to finally resolving this situation. Sincerely, Stephen A. Gree ey Attorney for The Flatley Company SAG: js cc: Kirk Griffin, Esq. Linda O'Malley, Esq. 2723s i CAROLAN, SULLIVAN & GREELEY n ^7 7 p y• 63 FRANKLIN STREET _. P ff� 1 5 01:_ 224/,<6"_1,'.1' BOSTON,MASSACHUSETTS 02110.1303 t� •%.1, 2_1 lb - - 1b Ms. Stephanie J.L. Foley t Board of Health 120 Main Street y' 1� No. Andover, MA 01845 T III:-:::=:iil:tl::I:: Mill11:1i:::I f I'� s Is your RETURN ADDRESS completed on the reverse side? t R ,d • T dd I i •eolAJeS idleoea uwnlea Bulsn jo; nog( )lueyl 6i� 4 FROM: STEPHANIE J. L. FOLEY DATE: DECEMBER 61 1990 RE: MEETING IN BOARD OF HEALTH OFFICE ON DECEMBER 5v 1990 Those present wero: Attornoy Steven Greeley, Paul LoPiorru, and tho Safety Officer for Royal Crest Aportmonto, Rte. 114, No. Andover, Mass. and Stophonio J. L. Foley, Health Agent. Attorney Greeley stated that the reason they were hopu was to update me on the status of work that had boon done to alleviate mold problomo at Mo. Morriozoyvs apartment and root of thu building. He stated that Maintenance personnel at tho complex had invuutigatoU reports of mold in both Ms. Morriomoy' u apartmont and one rontod by the Abruzzio' s. According to Atty. Grmoloyv no mold wau found in the Morrissey apartmontv howovor, thoro wat; uomo found in the Abruzzio apartment. He further stated that cracks in the foundation had been repaired and that the outside of the apartment building had been regraded whero thoro had apparently been oomo wator ponding on the outuido of thu foundation. He also stated that offorto to have the rugs and furniture oluanod had boon refused and that efforts to enter thu apartments for further inspection= had been in vain. I inveotigatod a complaint aftor the meeting rcQardin8 thu fact that the soil removed for regrading appeared to be black, slimy and pousib1y contained oomo contaminated matmrial. It in alleged that the material was used to fill in wotlando behind tho maintenance building. No complaint had bocn r000ivod by thu Consorvation office. It appoared that the muturial that I observed storod behind the building was clman fill and wac not violating any wetlando act. This morning, on Ducombor 6, 1990, I rocoivod a call from Mr. Abruzzio who stated that thu fill that I observed behind the building was not thu same mutoriol that had boon removed from thu outsidm of the foundation. He further stated that thu muturiul removed had boon trucked away on Saturday, December 1, 1990. It is MY intention to investigate the soil and if possible to obtain a oamplo from bonoath crushed otono which wao also usod in thu ' . regrading. Establishment Name Date t. L/ Address R � f�" Page of f>� U Item No. In the space below describe all violations checked on front page. - -1^ Discussion with Management &ea"� CAW 0/x Michael S.Dukakis -/50 ✓xemowt Aw't Governor Philip W.Johnston Secretary David H.Mulligan December 5, 1990 Commissioner Stephanie Foley Board of Health 120 Main Street North Andover, MA 01845 Dear Ms. Foley: Enclosed is the report of findings and conclusions made as part of an inspection of Apartment 4 at 45 Royal Crest Drive. While there was no visible evidence of mold growth in your dwelling unit there was sufficient mold growth in the building to suspect that your respiratory problems may be related. Confirmation of this is most readily accomplished though air testing for mold/spores which this Department is unable to do. It was suggested to representatives of the Flatley Company, owners of the building, that they conduct air sampling. If you have any problems do not hesitate to contact me at 727-2660. Sincerely, Howard S. Wensley, Director Division of Community Sanitation HSW/ch cc: Carol Morrissey Flatley Co. (oxeQu iue 60" 00" I/Otucces UIW I _qoaq&w� o/✓Pr a� ' X a" Michael S.Dukakis l so ✓xemomt JCiXet't Governor 1o60W t Ow"' Philip W.Johnston Secretary David H.Mulligan Royal Crest Drive, N. Andover Commissioner November 21, 1990 By Howard S. Wensley, Director Division of Community Sanitation The Department of Public Health was requested by Carol Morrissey, the occupant of the above-cited dwelling unit, to investigate the possible causes of respiratory difficulty she was experiencing in her home. A conversation with Stephanie Foley, Health Agent for North Andover on November 21, 1990 revealed that the owners had been ordered two weeks earlier, to contract with an environmental consulting firm in order to ascertain the mold/spore level in the apartment. No testing has as yet been done. An inspection was made at the property on November 26. 1990 accompanied by Karen Gardella of D.P.H. . Also present were Ms. Morrissey, Atty. Cynthia Petz, Allan Abruzzio and several other tenants. Present at the property were two representatives from the Flatley Company, Paul R. LaPerieu, Director of Property Management and another individual. The initial inspection was made of Apartment 4, a basement apartment, occupied by Ms. Morrissey. No visible mold was observed, but there was a distinct musty odor noticeable upon entering the apartment. Adequacy of ventilation was tested in Apartment 4 using a Drager Multi-gas Detector with carbon dioxide (range of detectability: 100 - 3,000 ppm) indicator tubes. Carbon dioxide levels were found to be 600 ppm in the living room and 400 ppm in the kitchen alcove. These levels are within the comfort range and would not pose a problem to the occupant. Both the kitchen and bathroom have exhaust fans directed to the exterior. The fan housing in the bathroom is dust filled and should be cleaned to avoid a fire. I ti Inspections of two other basement apartments were conducted. Apartment 3 directly behind and abutting Apartment 4 is occupied by the family of Allan Abruzzio. A musty odor was also noted in this apartment. Mr. Abruzzio stated that his son was having respiratory problems and was being followed by a physician. He also stated that the rear wall in his bedroom had been partially removed because of a foundation leak and he had observed a large amount of mold in the wall space at that time. An examination of this apartment revealed mold growth on the back of and underneath furniture placed against the rear wall. Apartment 2 is diagonally opposite Apartment 4 and shares the same exterior rear wall as Apartment 3. This apartment was vacant and had just been painted. The rug in the master bedroom had been pulled up revealing a cement slab floor with multiple cracks. The tackless carpet strip showed evidence of water damage and some mold growth. The other tenants present alleged that the occupants of Apartment 2 had been relocated several days earlier because of odors and mold. Regrading of the ground was evidenced in the rear of the building. Earth had been removed from against the side of the building to a depth of 8-12 inches. It had previously been above the foundation and was partially covering the brick facade. Small storage areas exist under the stairways in the front and rear of the common hallway. Both of these areas showed evidence of water infiltration. The front area, adjacent to Apartment 4 contained fiberglass insulation containing some mold growth. The rear storage area had space packed with dirt between the foundation and the sill. Both spaces contained a box of kitty litter to absorb any odors. Conclusions and Recommendations: It is the opinion of the writer that the occupant of Apartment 4 may be suffering from sensitivity to mold/spores which although not visually present in the dwelling unit are present in the walls and in the air. The cause of the mold is water infiltrating into wall spaces and through cracks in the slab. All of the apartments on the basement level should be tested by a qualified laboratory for mold and spores. Upon confirmation of a problem, if these units are to be occupied the foundation and slab must be waterproofed, any contaminated insulation, wall board and carpets removed, the wall spaces disinfected and the apartments readied for occupancy. It is expected that the occupants will cooperate and allow access for testing. HSW/ch Ms. Stephanie .Foley 12/4/90 Health Sanitarian Town of N. Andover Division of Planning & Community Development 120 Main Street No. Andover, MA 01845 Dear Ms. Foley, On Tuesday, November 20, 1990, you inspected the premises at 45 Royal Crest Drive, No. Andover, apartment # ' s 3 and 4. Could you please send me a copy of your findings as quickly as is convenient. Our doctor has advised us to vacate the premises as quickly as possible due the severe allergic reaction my 10 year old son is having to mold. My husband is also ill and both are now on medication. The mold is still very visible in my apartment (#3) , and steps must be taken for us to vacate. Thank you for your time and consideration. Sincerely, Patricia-Abruzzio 45 Royal Crest Drive #3 No. Andover, MA 01 845 November 7, 1990 The Flatley Company 50 Braintree Hill Office Park Braintree, MA. 02184-8754 REn Royal Crest Estates - Building 4 Bob Batson: After conferring with the State Dept. of Public Health, I feel that I must order you to have an environmental consulting company become actively involved with determining the mold/spore level in Carol Morrissey' s apartment. Tests should be performed to determine the amount of mold, the type (s) of mold and the health hazard associated with the identified mold types. Please contact me with the results of the analysis within 30 days of the date of this order. If ym hgy@ Any quostiono, ploaso contact me at (508) 682-6483. Sincerely, Stephanie J. L. Foley Health Agent aci State Dept. Public Health Carol Morrissey Establishment NameDate ° > � � - �i Address Page of� Item No. In the space below describe all vioiations checked on front page. AA { O . NO .. ." 1 -_.__.._ - Discussion with Management 45-4 Royal Crest Drive N. Andover, MA. 01845 November 14, 1990 Stephanie Foley, Health Agent Board of Health City Hall N. Andover, MA. 01845 Dear Stephanie, Enclosed is a copy letter sent to Mr. Bodington, Safety Director, the F1Ltley Compaesy. Not only am I keeping you posted, but, in showing Mr. Bodington, the painted over spores on the ceiling, I am concerned, why you and Mr. Batson disregarded them. The Flatley Company, namely Mr. Bodington, insisted they did not receive your letter ordering they follow through with the problems I have encountered here. It was not until this past Monday, 10111190, that the necessary electrical and maintenance concerns were corrected. Although, I was nut of town for two days, the lapse of time does not equate. And I cannot continue to jepodize my health! Now, a mobth later, I would appreciate your office following up on the continuous unhealthy situation I and the other residence have had to live with, here at the Royal Crest Estates, in N. Andover,MA. Your return reply to my correspondence, letting me know what action will be taken, would be greatly appreciated. Sincerely, Carol A. Morrissey "��� 45-4 Royal Crest Drive N. Andover, MA. 01845 November 14, 1990 0 Mr. D. Bodington, Safety Director Residential Division The Flatley Company Fifty Braintree Hill Office Park Braintree, MA. 02184 Dear Don, Thank you for meeting with me Tuesday, I feel, as you stated, we had a positive fruitful meeting. It appears our combined efforts might not have been in vain. And I am please that you took the time to acknowledge the spore marks on the ceiling in the 2nd bedroom. But, I must tell you, you looked silly down on your knees sniffing the furniture. In speaking with my attorney, so far, he is pleased with. our progress, as T repeated my requests for: Reembursent of all expenses from September 13,1990. To include: Rent, medical and prescription drug cost for myself and my cat. Relocation cost, to a destination of my choice. All expenses pertaining to residential and out of pocket expendures. And my concerns for my personal be- longs. He disagreed with my not submitting the telephone bill, as I have been isolated from my family and friends, plus the charges, trying to seak .help.,. so I will be including the telephone bill as well. As I collect the receipts you requested, as soon as possible, please in- form me which company will be doing the testing that the Board of Health ordered. (Luckily, I was able to furnish you with a copy) . Not wanting to relocate and have this problem again, I cannot agree to have the upholstered furnishings cleaned, as you suggested, rather than replaced, until I can be certain there Is no possibility of contamination to myself or my personal belongings. Hopefully, as soon as the investigation is over and we have finalized our financial agreement, I will be able to give you a 9 � g y date as to when I will be vacating the premises. In case I do not speak with you before next week, I am anticipating as well as wishing you A Happy Thanksgiving. Thanks ivin . Sincerely, Carol A. Morrissey 'NOTE: Please include the name of the company you suggested, who might be able to clean up my person things. Since I go for traction from previous injuries, I am incapable of doing it myself. Or do you suggest I contact another outside company? 45-4 Royal Crest Drive N. Andover, MA. 01845 November 11, 1990 Stephanie J.L. Floey, Health Agent Board of Health 120 Main Street N. Andover, MA. 01845 D 3 Dear Stephanie, Thank you for the copy letter to Mr. Batson which I received yesterday. Yesterday, Mr. LaPerriere made the necessary arrangements to relocate the elec- trical box in the kitchen and to have the stopped up tub fixed Monday morning. He also said Mr. Bodington, would call for an appointment to resolve the pro- lems. Friday, I also consulted with my attorney, who informed me when there is MOLD present, where there is a lease involved, MOLD represents 'A BREACH OF WARRANT OF INHABILITY' , and the lease is void. Another informative source of information is the RIGHTS OF TENANTS AND LANDLORD put out by the Mass. Board of Housing. Enclosed is my letter to Dr. DeMaria, in which he states Legionella lives in soil and water. Which brought to mind our conversation concering the ground MOLD right ouside the windows and airconditioning units, which can not be more than eight inches above ground level. While speaking with the Epidemiologist, Andrea also from Dr. DeMaria' s office, she informed me there is a special Sputum Test Kit, that physicians must send for. And that the labatory in Atlanta,GA. , is the only lab equipped to properly test for Legionella. Although this has been an elightening experience, it is a shame having to live in an unhealthy in- viorment in order to prove my aligations. All of which The Flatley Company ex- pects to be paid dearly for. Other facts�Ahat might be of interest to you; In speaking with Ms.Bereley and Mrs. Abrdzzo, also residents, they informed me they to have had MOLD in their apartments. Both who were in this apartment and aware of the dampness and musty smell. Although Mrs. Berley, mentioned she would rather not be involved in a dis- pute. Mrs. Abruzzo, who is a fairly new tenant, noticed MOLD along an outter wall. Notify the management here, the inside wall was replaced. And the ground outside her windows exvacated and treated. She also informed me the gentleman living in the apartment across the hall, on the second floor, has constant coughing fits! Perhaps, that is something for you to look into. Both Mrs. Abruzzu and myself, requested the service door under the stairs be shut, the odor is overwhelming. It seems to confirm MOL is inherent within this building. Hopefully, after your letter and my continous efforts, I will be able to move and be free from this unhealthy situation here at the Royal Crest Estates. When speaking with Mr. Bodington, I am requesting the name of the Company who will be evaluating this situation. I would like to speak with them personally, as I would like to know what fungus I have been exposed to. Sincerely Carol . Morrissey It 61 °/ H- 1 7 _ x a/ Yuuic Michael S.Dukakis 1,01t _qaea4e Voawl Governor Philip W.Johnston 305 goa4 94ze4 To6&n, ✓(a• 02130 Secretary David H.Mulligan Commissioner November 9, 1990 0 J i Ms. Carol A. Morrissey Royal Crest Apartments 45-4 Royal Crest Drive North Andover, MA 01845 Dear Ms . -Morrissey: I am writing in follow-up to our telephone conversation and your letter of November 6 regarding Legionnaires disease (legionellosis) . Legionnaires disease is an illness caused by bacteria of the Legionella group. It is a disease characterized by fever, cough, muscle pains and, in many cases , diarrhea. Characteristically, there is infection of the lungs with pneumonia on chest X-ray. Despite cough, there is usually no sputum production. Therapy is usually with erythromycin with response expected in 3-5 days. Diagnosis is difficult because it depends on blood tests , drawn at least two weeks apart, showing a change in antibody levels. Occasionally the bacteria can be cultured from secretions . Another disease caused by Legionella is "Pontiac fever" cahich is characterized by several days of fever, muscle aches and illness without pneumonia. Legionella live in soil and water. Human infection has been associated with aerosols of water from cooling towers , condensers, streams , hot tubs , etc . It can be technically difficult to grow the bacteria from water and there may be Legionella in water which are not disease-producing. There has been no evidence of person- to-person spread of infection or infection acquired without a water source. Dry materials have not been implicated in infection transmission. In answer to specific questions you have raised: While your grandsons may have had legionellosis , children are much less susceptible and it is much more likely that illness is due to other causes . �y✓'S l November 9, 1990 Ms. Carol A. Morrissey 2 . - I know of no evidence of direct danger to a fetus, although any serious infection during pregnancy is a concern. - Food is not known to play any role in transmission of infection, nor has furniture or other such materials . Only water and soil have been sources of the organiam and tally water has been implicated in infection. I am not aware of legionellosis in animals . This is a very interesting question, which I will pursue. Legionella can be cultured from a number of sources and we are all probably exposed on many occasions. Many people have antibodies to the bacteria in the blood without any history of disease . Routine blood testing in the absence of illness is not useful . Testing should be reserved for individuals with illnesses in which there is a suspicion of legionellosis. As I discussed with you over the telephone, I would be concerned about other possible causes of your symptoms . While Legionnaires disease is being evaluated, you should explore other potential causes of your symptoms with your physician. I hope I have been able to address some of your concerns . I am enclosing the American Public Health Association ' s handbook chapter on legionellosis . Unfortunately, there are few good non-technical articles on Legionnaires disease, but further information could be obtained in standard general medical texts which may be available to you at your local library. If you have further questions , please feel free to contact us at the Division of Epidemiology at the Department of Public Health. I I hope I have been able to answer some of your questions and that You will be able to resolve the problems you are facing. I would greatly appreciate hearing about the results of your medical evaluation and your experiences dealing with the issues related to your health and housing. If I may be of further assistance, please let me know. Sincerely, Alfred DeMaria, Jr. , M.D. Assistant Commissioner Bureau of Communicable Disease Control ADM:k cc: Ms . Fowley Michael S.Dukakis Governor Philip W.Johnston 305 Aa A 94eel, Xo&&n, ✓ m. 02130 Secretary David H.Mulligan Commissioner November 9, 1990 Ms. Carol A. Morrissey �� �r n Royal Crest Apartments 45-4 Royal Crest Drive North Andover, MA 01845 Dear Ms. ,Morrissey: I am writing in follow-up to our telephone conversation and your letter of November 6 regarding Legionnaires disease (legionellosis) . Legionnaires disease is an illness caused by bacteria of the Legionella group. It is a disease characterized by fever, cough, muscle pains and, in many cases, diarrhea. Characteristically, there is infection of the lungs with pneumonia on chest X-ray. Despite cough, there is usually no sputum production. Therapy is usually with erythromycin with response expected in 3-5 days. Diagnosis is difficult because it depends on blood tests , drawn at least two weeks apart, showing a change in antibody levels. Occasionally the bacteria can be cultured from secretions . Another disease caused by Legionella is "Pontiac fever" which is characterized by several days of fever, muscle aches and illness without pneumonia. Legionella live in soil and water. Human infection has been associated with aerosols of water from cooling towers, condensers, streams, hot tubs , etc. It can be technically difficult to grow the bacteria from water and there may be Legionella in water which are not disease-producing. There has been no evidence of person- to-person spread of infection or infection acquired without a water source. Dry materials have not been implicated in infection transmission. In answer to specific questions you have raised: I - While your grandsons may have had legionellosis, children are much less susceptible and it is much more likely that illness is due to other causes. I November 9, 1990 Ms. Carol A. Morrissey 2. - I know of no evidence of direct danger to a fetus, although any serious infection during pregnancy is a concern. - Food is not known to play any role in transmission of infection, nor has furniture or other such materials . Only water and soil have been sources of the organism and only water has been implicated in infection. - I am not aware of legionellosis in animals . This is a very interesting question, which I will pursue. - Legionella can be cultured from a number of sources and we are all probably exposed on many occasions. Many people have antibodies to the bacteria in the blood without any history of disease. Routine blood testing in the absence of illness is not useful . Testing should be reserved for individuals with illnesses in which there is a suspicion of legionellosis. As I discussed with you over the telephone, I would be concerned about other possible causes of your symptoms. While Legionnaires disease is being evaluated, you should explore other potential causes of your symptoms with your physician. I hope I have been able to address some of your concerns. I am enclosing the American Public Health Association' s handbook chapter on legionellosis . Unfortunately, there are few good non-technical articles on Legionnaires disease, but further information could be obtained in standard general medical texts which may be available to you at your local library. If you have further questions, please feel free to contact us at the Division of Epidemiology at the Department of Public Health. I hope I have been able to answer some of your questions and that you will be able to resolve the problems you are facing. I would greatly appreciate hearing about the results of your medical evaluation and your experiences dealing with the issues related to your health and housing. If I may be of further assistance, please let me know. i Sincerely, Alfred DeMaria, Jr. , M.D. Assistant Commissioner Bureau of Communicable Disease Control ADM:k cc: Ms. Fowley Royal Crest Apartments 45-4 Royal. Crest Drive N'. Andover , MA . 01845 November 6 , 1990 Doctor DeMaria Center For Desease Control Massachusetts State Labatury 305 South Street Boston , MA . 02130 Dear Dr . DeMaria , Thank you for taking the time to speak with me last Friday , Concerning the possibility that I have been exposed to Legionaires Desease . As we discussed , I muved into the above address , 9113190 , and became severely ill with two weeks . Presently , I am on an medication and have one blood test taken . Not only will I have to move again but I find I am nuw it-, a precarious position . And I am hoping you can take the time to address my concerns . Last month my two grandsons spent several days here at the apartment complex and became ill . My daughter who is seven months pregnant , also has not been feeling well . Not wanting to beran alarmist , before mentioning to my family that I might have been exposed to Legionaires Desease ; Can the desease effect a fetus? .Si.nce the desease is air carried , can it. effect foul? Or get em- bedded in upholstered furniture or mattress ' s? Or would yuu ad- vise replacing any upholstered furniture and or mattress ' s before relocating as a precaustiunary measure? Can the desease be deter- mental to animals as well , as my cat has been ill , regreatfully , I never imagined his iiliness might in any way be connected . Lastly , but of the utmost importance , should anyone even sus- pecting exposure to Legionaires Desease have the necessary blood testing done? In December , I will be taking care of my daughters new burn , and it is imperative that any possibility of contamination be eliminated . Your response to my inquiries would be greatly appreciated . Thanking you in advance . Sincerely , Carol A . Morrissey cc : Ms . Fowley Board of Health , N . Andover , MA . 45-4 Royal Crest Drive N . Andover , MA . 01845 November 6 , 1990 Ms . Stephanie Fowley N . Andover Board of Health City Hall N . Andover , MA . 01845 Dear Stephanie , Having mentioned your office in my correspondence , I thought it advisable to send you copies keeping you abreast . As I mentioned in our conversation last Friday , I am not only concerned for myself , but for anyone who might have been exposed to the possibility of Legionaires Desease , especially if the tests come back positive . Since the symthoms can be a simple common cold which worsens into a pulmonary condition , such as I have , designating the arteries con- veying blood to and from the lungs to the leart , which is life threat- ening . Another concern I have is ; you mentioned , The Flatley Company is now taking statements from other tenants , at the above address , as to whether they are having or have had any serious health problems . It seems revelant to me , that prior tenants be contacted as well . Both present and prior tenants , not being aware of Legionaires De- sease , likewise with you and myself . until the possibility arose , might not be cognicent of the risk to their health . Being in agreement with you that I must move , I am planning to do so as soon as possible . And I will notify you of the test results as soon as I have them . If it is possible , that your office intererne in this matter , please consider this letter my request for a complete investigation of Legionaires Desease within the Royal Crest Apartment conplex , to include prior tenants , especially those who, haye-`-vaca-ted"'- Building #4 , in which I presently reside . Thank you for your present assistance . And for your anticipated assistance in the future , until the health issues involved are re- solved . Sincerely , G Carol A . Morrissey a � � � � � �� � � �� w � � � � . � � � � � �� � � � a � � �i ;; � � � � PAM` 61014 w 4 . 444C , 7i� To Be Discussed At Next BOH Meeting: (See files for more info. ) 1 - Noise Complaint from the Nolan's on Kathleen Dr. - coming from Bake-N-Joy. Noise readings have been taken and found to not exceed 10 dm over background noise. I Spoke with Nancy Nolan on 12/6/90. She says that the problem is worse. I spoke to Bob Ogan and he said some of the trucks will be moved to the other side of the building. Bob Ogan President - 683-1414 Nancy Nolan - 470 - 1481 Will Vickers - DEP - 617-935-2160 X403 2 - Mold Problem at Royal Crest Estates Building 45 - Basement Apts. Carol Morrissey was the first tenant to complain. An inspection was done on her apt. and no visible mold was found. She has since called most ever Environmental Dept. in the state of Mass. Howard Wensley of the Dept of Pub Health investigated the apt. after a request from Ms. Morrissey. His report is in the mail. The Abruzzo's were the second apt. to complain. All tenants claim that the building is making them sick because of excessive mold. An order was handed to Flately Co. certified stating that they must hire and environmental consultant to see what the problem is and how to correct it. Many meetings have taken place between Paul LePierre (reports to Flatley) , Steve Greeley (Flatleys lawyer) , Bob Batson (Property Manager) and their safety person - I don't know name. Mr. Greeley called the office 12/6/90 and requested town council number. Howard Wensley - 617-727-2660 Carol Morrissey - 975-1351 Bob Batson - 681-1822 Steve Greeley - 617-348-2900 Mr. LePierre - 617-848-2000 The Abruzzo's - 937-5520 3 - New Restaurants in town: Plan Inspected received Restaurant Name Approved before applications * China Wok X X * Players - Top of the Club NA X X * Main St. Icecream X X * Alex's Roast Beef X X * J & M Sub X X * Berrtucci's X 4 - Housing Complaint at 14 Brown Ct. - Outside of building is rotting. 5 - We had another Rat complaint in the downtown area - Victor placed bait in the storm drains on Main St. 11/29/90. 6 - Andover has cancelled all motor oil pick-ups until April. I published notice in Citizen to be put in Next Wedn. paper. 4 L. - TIME +1 TO 4p�� CODE til" >rf A FROM 1 EOf ex :�s. � Q � _ N M.. w SIG` all G � }�p/�C'ry CA4L 0 '',QA CRtt n you 3 '� {T�l7GAes/ ❑I =catL l j _. 00 SETS _ -378-2 AMPAD N0.23-176-400 SETS NO.23 THE FLATLEY COMPANY Fifty Braintree Hill Office Park • Braintree,Massachusetts 02184 • 617/848-2000 October 31 , 1990 l�J Ms. Carol Morrisey 45 Royal Crest Drive Apartment 4 North Andover, MA 01845 Dear Ms. Morrisey: This letter is being written as a follow up to our conversation on October 30, 1990. First and foremost I would like to state that we regret that your personal circumstances, for example, the severe allergies you reported to Bob Batson and myself have created such a discomfort factor that prohibits you from living at 45 Royal Crest Drive, Apartment 4. We The Flatley Company value the residency of all our residents and would hope that the offering of the following solution would have been accepted by you. The Flatley Company would agree to incur all moving expenses and the cost to re-hook up the utilities, for example, electric, phone and cable. This offer is extended providing you agree to relocate to a second or third floor apartment here at Royal Crest Estates in North Andover. The Flatley Company also agrees to allow you to rent this apartment at a rate of $857 for the next 12 month period. This is a savings to you of $100 per month as this apartment typically rents for $957 per month. This offering is still available, however, should you not accept it, The Flatley Company agrees that in the event that you elect to vacate the property, The Flatley Company will release you from further obligation to the lease. Please call me at 61.7-848-2000 and let me know of your intentions. incer ly, aul R. LaPerriere Director of Property ,Management Commercial/Industrial 9 Mark Development Company • Cavan Health Centers • Residential Properties • Sheraton Tara Hotels • The Flatley Media Group +' VAORTH O�jt�su ia�'1' pBOARD OF HEALTH x 120 MAIN STREET ATID NORTH ANDOVER, MASS. 01845 TEL. 682-6400 HUS COMPLAINT FORI1 DATE 10 / 8/gd Dude by _o_a_.11� Address S— Tel ..-6/ 7 idature of complaint a f Location Occupant Owner or Agent Address DO NOT WRITE BELOW THIS LINE Referred to � .�,>� Date of Investigation �As/sa Result of investigation _ t . Recommendations V Action taken /'� Establishment Name C �� Date I(1 y! Address �,� �Y r '�✓ '�, Page—�of Item No. In the space belpw descri a all violations checked on front page. aL Discussion with Management 1\ ............... TOWN OF NORTH ANDOVER 0 PERMIT FOR WIRING ,sSACIH4u This certifies that Aw ............................................ ..... ......... /P- �— has permission to perform ......6 SeV20 A-R . . ...... wiring in the building of ... . ...................................................................... ........... ............... 4kduv� at, ........... . ...�..bv4ortkh'Uo�v`er,Ml ass. .. . ..... ................... ..1 M t...6.....� ........... ...... Fee Lic. Nq,?.U.()'5. ./0. ELECTRICAL INSPECTOR rf Check# Ll ? Commonwealth of Massachusetts offioi 1 u only Department of Fire Services permit No, BOARD OF FIRE PREVENTION REGULATIONS Occupancy and Fee Checked [Rev. 11/99] leave blank APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK All work to be performed in accordance with the Massachusetts Electrical Code(MEC),527 CMR 12.00 (PLEASE PRINT IN INK OR TYPE AL INFO TION City or Town of: NN'f� Date; By this application the undersi nc A N*7H� � Y� To the Inspector g gives notice otention to perform the electrical work described below, Location(Street& Number) ��\ -- -L�l CrtS i `� MG, 01 Owner or Tenant Acyvtco IVB/' ' r4 � � � "��'r^� t{ Owneil AddressLl �" Telephone No, 978' &Q, Za OC sO gaw l CYCST ori Xs this permit in conjunction with a bullding permit? yes N -- Q)14 t Purpose of Building__ ❑ No �1Ju eLi (Check Appropriate Box) Utility Authorization No, Existing Service Amps / _Volts Overhead❑ d Und r — Amps ! g ❑ No. of Meters ______________Volts Overhead❑ Und rd Number of Feeders and Ampacity $ ❑ No,of Meters Location and Nature of Proposed Electrical Work- 9.w � !N (� i �•—�2 �, •�, I N � G` - � �r wase C�.S letlon a 't1(e ollowin tabl No,of Recessed Fixtures e ma be waived b the Ins ectar o Wires. No,of Cell.-Susp.(Paddle)Fans 0.0 No.of Lighting OutletsTransformers KVA No.of Hot Tubs No,of Lighting Fixtures Generators KVA ti. Swimming Pool eve n- rnd, ❑ rnd. °'o mergency g ng No,of Receptacle Outlets ❑ Butte Units No.of Oil Burners No.of Switches FIRE ALARMS No.of Zones 1 No.of Gas Burners 0. 0 otoc on an No.of Ranges otal Initiatin Devices No.of Air Coud' Tons No,of Alerting Devices No,of Waste Disposers ea ump ' um or Tons Totals: bet ctioNAlert n nAevices No,of Dishwashers Space/Area Heating KW Local ❑ untc pa No,of Dryers Heating appliances K`,l, scut ty yystem�ction ❑ Other o,o ater No.of Devlccs or E uivalent Floaters KW o,o o,o Sl ns Ballasts Data Wirin No,Hydromassage Bathtubs No.of Devices or E uivalent No.of Motors a ecommun cat onRwf�VN Total HP T OTHER; 6 �C r No,of Devices or E uiva L L 2C `r�C � d, I{�cl`T��► (l.N 1 1 S W Glentapamonal VIL U\�Jl "h'12,YM�SHAY red,or as re INSURANCE COVERAGE: Unless waived by the owner, no permit for the perfoGrmtance of electrical work by the may oj,wires. the licensee provides proof of liability insurance including`b y issue unless undersigned certifies 8 ompleted operation" ttfi P coveits $ es that such coverage is in force,and has exhibited proof of same to the permit substantial ssus n issuing equivalent. The CHECK ONE; INSURANCE Q'' BOND g office. ❑ OTHER ❑ (Specify;L___ Estimated Value of Electrical Wor Work to Start; —Y� (When required by municipal policy,) (Exp,rahon Da(e) r oZ FIRM NAME: NInspections to be requested in accordance with MEC Rule 10,and upon completion. I certify,under tits pains acrd penalties o er u � Ur,tr. fp `tJrat the Information an this application is true and complete, Licensee: ---�� LIC.NO,: Address: enter "exempt"in the lice .re number line,) Slgnatur c LIC,N "t3� Address: J y` Bus.To].No. OWNER'S INSUA E, AI ER: I am aware that Phe Li go�eo ���h! 1required by law. Ey my signature below,I hereby waive this re+uirement. liabili Alt'Tel No, Owner/Agent Q I a h'insurance coverage normally m the(check one owner Signaturowners a ent. Telephone No. PERMIT FEE; $ 3� c-- r) 2� i ` !!le (,07n.t>'ronwealth of Alamaclttcsetts r a De,OartIftent of Illdacstrial Aeeulena Office of bivestlgatlons' 1 congpess Street,swie 100 Boston, MA 02114-2017 � wwKY.Mass.govIdia Workers' Compensation Insurance.Affidavit. Bui>(ders/Contra.ctors/Electri<cialns/Plumbers A113111fieflint T.infolrimat;o>a )lease P>r��nt iae iibX Name(13usinoss/Organization/Individual): ( r+ _ L Address:�p ao City/State/lip: d t'► dlirl "� Phone#: ..� �Gs o� �°- Ar ou an; employer? Cheep the approprante box: 1. I am a employer with to 4• D I aon a,general contractor and I Type of project(required): emloyees(full andlgxpart-time). have(aired the sub-cotatra.ctors 6. New eozzstruation 2,© 1 am' a'sole proprietor or partner- listed on the attached sheet, 7. �]Remodeling ship and have no employees These sub-contractors have S Demolition ns working, for me i any capacity, omp ynsur��es and have workers' �. � gilding addition 'r�p� [No workers' Camp. insurance 3-❑ required.] 5, We are a.corporation and its IO Electrical repairs or additions 1 am a homeowner doing all work Officers have exercised their myself [No workers' comp, right of exemption per MQL I 1"�Plumbing repairs or additions insurance required.)t c. 152, §1(4),and we have no 12•El Roof!repairs etxtployees. (No workers' 13-El Other, comp, insurance required.] *Any applicant that chocks box#1 must also Fill ottt the section below showing their workers'compensation policy information, l'Homeow��ers who submit this affidavit indicating they fire doing all work and then him.outside contracttfrs must Submit a new affidavit indicating such, tConhaePors thstt cheuls this box must attnahcd an odditiantr)sheer showing the name of the sub•cantractors and sure whether or not those entitiea have cmployccs, If the sub-contr$ctors bnyc employees,thcy must provide their workers'comp•policy number, 7 airy.all employer tl:at is providing workers'cornperlsation insurance fbr my employees. Below is the policy andjob site RII fprptat�Orr. Insurance Company Name: f Policy#or Self-ins.Lic.#: Expiration Date: Job Site Address;'A�6 aVd, Attach l� �� City/State/7iP:-A YtQ/ .y► :n copy of the workers, col pensutio>ra policy declaration page(showing the policy number and expiration date), Failure to secure Coverage as required.under Section 25A of MGL c. 152 can lead to the impenalti positign ofgrinlinal es of a fine up to$1,5U0.UU and/or one-year imprisonment,as well as civil penalties in the form of a SCOP WORK ORDER and a tine Of up to$250.00 a day against the violator. Be advised that a copy of this statement may be forwarded to the Office of Investigations of,the,DIA for insurance coverage verifiea.tion. I do hereb cerci y under•th ar.rx �ndpenalhpv er irry ffrat the in ornration provr'derl above is tragi and correct. Si nattire: hal:Leq PO FF0f1i only. .Do not write in dais area,to be completer)by city or town official.n: Permit/License# ghority(circle one)! 1, )Board of health 2,Building Department 3.City/Town Clerk 4,Electrical Inspector 5. Plumbing Inspector 6, Other Contact Person! Phone#: I 1 0 6N,WEALTH OF AAASSA HUS ..; r • • • • • fi EECfiRICIANS t SSUES THE FO.LLOWI NG I„t€fNSE `AS f�E0E:5T�RED MASTER. ELE,C�I'RtC�IAt�t ., NEWPpRTjf ELECTR I C CORPORATi6w ,, d 3AV1 t) A NCAULLirN- LOWEU KA 01852 0fi 10803 a.;: o7/3a13r l r.io3( " .14 �'+�O MrD�1V11E�CLTH OF IVIA�AirHl� ETT I AMS EL1;tT�i 1 ISSUES THE'FOLLOWifiG LfiCENSE p #: 7JOURNEYMAt 'ELECTR�I'C:.I A J6 tiL KIl� PW[ iPTRECT;, :X 2 1_WSI~IOUTH 07/.3 %16`:.. 1122.9.7 AC 0� NEaI,I/,P013 OP ID; LS CERTIFICATE OF LIABILITY INSURANCE DATE NDWYYYY, THIS CERTIFICATE 13 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER,012014 CERTIFICATE b0E3 NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORbED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED I REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT* If the certificate holder Is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject t the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to th Conine holder In Ileu of such endorsements. ° PtiO°UCER e 30 Dwyer A on D.F. Dwyer Insurance A enc 36 Bellevue Avenue P E _._._— y Newport,RI 02840 " ,,�,;401-846-9629 ,Arc No 401.846.9629 Daniel F.Dwyer III A dfd�dfdwyer com L_401.-._._ INSURE 6 AFFORDING COVERAGE INsuRED _ Newport Electric Construction INSURERA:Foremost NA10" Corp INSURER 8:Scottsdale Insurance Com an ... . 200 High Point Ave,Suite 86 INsuRISRc:Beacon Mutual Insurance 41297 rts omouth, RI 02871 su INSURER D: _._....._...... INSUREII a: COVERAGES CERTII=KATE NUMBER: F THIS 13 TO CERTIFY THAt THE POLICIES OF INSURANCE LISTED BELOW HAVE,BEEN ISSUED TO THE INSURED NAMED A60VE FOR THE 7TERMS, REVISION NUMBER; INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT EC A EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN THE BY PAID CLAIMS. TYPE OF INSURANCE —...-._....._ .__.. _ GENERAL LIABILITY POCK NUMBER LIMITS $ 1,000,00 CLAIMS-MADE FKOCCUR 12/30/2013 12130/2014 RE'RTE6 a r oWVi:LQMe)_.. $ __ 300,00 MED EXP Anyone arson $ 0,00 PERSONAL&ADV INJURY $ 1,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,00 POLICY PRO' LOC PRODUCTS•COMI AGG $ 2,000,00 AUTOMOBILE LIABILITY s A ANY AUTO OMB D SINGLE ll I ALL SCP005046448 E acct en AUTp8 OWNED X SCHEDULED 12/30/2013 12/30/2014 BODILY INJURY(Per AUTOS person) $ HIRED AU70S X NON•OWNED BODILY INJURY(Per accident) $ AUTOS PR PERTY 0 GE b UMOMLLA UAB X OCCUR $ B X Excess LIAR CLAIM84AADE B80019698EACH OCCURRENCE $ D ETE 1213012013 12/3012014 AGGREGATE WOWJMCOMPENSATION $ __ 6,000,00 AND EMPLOYERS'LIABILITY $ _ C ANYPROPRIETORMARTNER/EXECUTIVE Y�" YJCS7ATU- 0TH• OFFICER/MEMBER EXCLUDED? 68861 (Mandatory In NH) "�A 01/18/2014 01/18/2016 E.L.EACH ACCIDENT It yes describe under 3 600,00 DE GtR PTI N OF OPERATIONS below E.L.DISEASE-EA EMPLOYEE $ 600,00 A Empi Prac Llab SCP006046448 E.L.DISEASE•POLICY LIMIT $ 600,00 12/30/2013 12/30/2014 60,00 DESCRIPTION OF OPERATIONS I LOCATION$I VEHICLES (AKoch ACORD 101,Addhlonal Remarks Schedule,111 spas Is rsqulred) CERTIFICATE LDER CANCELLA ON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Insured's Copy THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE Daniel F.Dwyer III ACORD 26(2010106) The ACORD name and logo are registered marrks of CORP D CORPORATION. All rights reserved. ,i y� � ,�' � � � � � ✓ s� � � � � q �e � I � � �