HomeMy WebLinkAboutMiscellaneous - 547 OSGOOD STREET 4/30/2018 (3) - �y l
547 Osgood Street — -
BOARD OF HEALTH
TOWN OF NORTH ANDOVER
REGULATIONS FOR SEWER TIE-IN
1. 0 Authority
Under the authority of Chapter 111, Section 31 and Chapter
83 , Section 11 of the Massachusetts General Laws, the Board of
Health of the Town of North Andover adopted the following
regulations at a public meeting held on March 17, 1994 .
2. 0 Purpose
The purpose of these regulations is to safeguard North
Andover's drinking water, surface waters, groundwaters and
surrounding environment by requiring all residents to hook up to
municipal sewer whenever possible. Sanitary sewer is believed to
be the most effective form of wastewater treatment.
3 . 0 Definitions
Establishment: Includes but not limited to all schools,
nursing homes, camps, single and multiple dwelling units,
country clubs, churches, mobile homes, office buildings,
restaurants, service stations, retail stores
Individual septic system: Any subsurface sewage disposal
system, including cesspools, consisting of household
wastewater, including .graywater, owned and operated by a
person as defined below.
Owner: Every person who alone, or jointly, or severally
with others has legal title to any dwelling or dwelling unit
or has care, charge, or control of any dwelling or dwelling
unit as agent, executor, executrix, administrator,
administratrix, trustee, lessee, or guardian of the estate
of the holder of legal title.
Person: Ever individual, partnership, - corporation, firm,
association, or group owning property.
Sewer: A pipe which carries sewage without storm, surface
or ground waters.
Watershed: The land area in North Andover which delineates
all surface and groundwater which drains to Lake
Cochichewick.
I �
4 . 0 Terms of Connection
f
4 . 1 All establishments that currently do not have municipal
sewer available to them must connect to the sewer as soon as it
becomes available, with a maximum time limit of six months.
4 . 2 All establishments outside the North Andover watershed
that are currently able to connect with the municipal sewer have
a maximum of two (2) years from March 17, 1994 to tie-in.
4 . 3 All residences inside the Lake Cochichewick watershed
that are currently able to to connect with the municipal sewer
have a maximum of one year from March 17, 1994 to tie-in.
5. 0 Variances
5. 1 The Board of Health may vary the application of the
time frame during which any individual connection must be made to
the municipal sewer.
5 . 2 Variances will be based on significant financial
hardship only. A properly functioning septic- system will not be
considered a factor for a variance.
5. 3 Every request for a variance shall be made in writing
and submitted with documentary proof of the specific financial
hardship.
6. 0 Penalties
6. 1 Any person or owner who shall fail to comply with this
regulation shall be punished by a fine not more than two hundred
($200. 00) dollars and legal action.
7. 0 Severability
If any provision, sentence, clause or phrase of this
regulation is held to be unconstitutional, or in violation of
state law, the remainder of the regulation shall continue in full
force.
I
CHOATE, HALL & STEWART
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
CHRISTOPHER LARSON
DIRECTDIAL:(617)248-5121 EXCHANGE PLACE
EMAIL:CLARsoN@cHoAn.com 53 STATE STREET
BOSTON,MASSACHUSETTS 02109-2804
TELEPHONE(617)248-5000•FAX(617) P-48-4000
W W W.CHOATE.COM
April 5, 2004
VIA CONSTABLE Of-tjoMI�R,��'•`���� �
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Jason Clarke and Gioia Clarke ~n
547 Osgood Street 5
North Andover, MA 01845 k ----
THIRD NOTICE REGARDING REPAIRS AND LEAD INSPECTION
Dear Mr. and Ms. Clarke,
You have failed to respond to my letters dated March 22, 2004 and March 26, 2004. As
you know, in response to a complaint made by you, the Board of Health has served an order
requiring our client, Mr. Samuel Rogers, to undertake certain repairs at the above-referenced
property. Your nonresponsiveness has prevented Mr. Rogers from undertaking these repairs.
Specifically, on March 25, 2004, you refused to admit to the premises a contractor and a licensed
lead inspector retained by Mr. Rogers, nor did you provided a key as we requested, causing Mr.
Rogers to incur costs for those professionals travel and time. Please contact me immediately at
(617) 248-5121 so that we may reschedule the repair work and a lead paint inspection.
As you also know, prior to receiving the Board of Health's order on March 12 2004 Mr.
Rogers served you with a Fourteen-Day Notice to Quit for nonpayment of rent. We have been
informed by the Board of Health that you are moving out of the premises or have already done
so. Please contact me immediately to confirm whether or not this is, in fact, the case.
Furthermore, in accordance with our prior correspondence,please provide Mr. Rogers with a key
to the premises.
I
Thank you in advance for your cooperation.
Sincerely,
Christopher J. Larson
cc: Samuel S. Rogers (by e-mail)
V_�usan Sawyer, Public Health Director(by first-class mail)
Brian J. LaGrasse, Health Inspector(by first-class mail)
3675461v1
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Office g� 7p TOWN Off'I�TOR'g�'H gA�7�l��dD�O��IE,pR�7'Q� g+ q�
of CO1�'ll. �Jl'9}i DEVELOPMENT TL'S11'e1P.S' SERVICES
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HEALTH DEPARTMENT
27 CHARLES STREET
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NORTH ANDOVER, MASSACHUSETTS 01845 CHUS�t
Susan Y. Sawyer,RR;HS/R.S 978.688.9540—Phone
Public Health Dir <5
Director 978.688.>>42—FAX
healtlideptoa towD..ofnorthandover.com
aN-A,Nv.townofiiortliandover.com
Chote,Hall and Stewart
Christopher Larson.
53 State Street
Boston,MA 02109-2804
RE:547 Osgood Street,North Andover
Dear Mr.Larson,
The North Andover Health Department has received your communication dated April 12,2004,regarding the
address listed above. Thank you for updating this office of your clients current situation.In summary,you have
verified that there are no longer tenants living in this apartment,that the landlord has not been able to complete
repairs to date as found in the BOH Order Letter and that you are requesting relief from certain aspects of the
Order Letter.
This office acknowledges that there are currently no adults or children at risk from the conditions at these
premises. As a sign of good faith,the health department will grant the following:
1)The extension for items on the original order letter will be two weeks from the end of the 30 days mentioned in
your notice to the tenants.If any particular item needs to be contracted out by a professional,requiring additional
time,a signed agreement for services must be submitted within those two weeks.A request for a re-inspection
should be made prior to June 1,2004.
2)A test for lead was not conducted in these premises,therefore,no further action will be taken on this item at this
time. The owner must note that at no time may a parent or landlord bargain or agree that lead paint in disrepair
can be disregarded.In addition,bylaw,the owner cannot discriminate against applicants with children and
therefore if a child resides or is born into a rental situation,it is the owners full responsibility to comply with the
MA lead laws. It is highly recommended that the owner consider following up on the lead issue before a child is
diagnosed with a high lead level or before it becomes a violation.
Once a re-inspection is conducted and repairs are noted,a certificate of compliance will be issued for your
property. It is a violation to rent an apartment with known violations;therefore,be advised that this property may
not be rented until the COC has been issued.Please feel free to contact this office if you have any further questions.
Thank you for your anticipated cooperation in this matter. If you feel you are aggrieved by this decision,you have
the right to request to be heard before the board of health at a regularly scheduled meeting.
Sincer ,
r'f S san Sawyer,REHS/RS !� L
Public Health Director
Cc:Mr. Samuel S. Rogers
CHOATE, HALL & STEWART
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS S OVI,'N 'i O�F NORTH A�500" `" %
CHRISTOPHER LARSON ',BOARD OF EXCHANGE PLACE HU',j-1`i
DIRECT DIAL:(617)248-5121 k �
EMAIL: CLARSON@CHOATE.COM 53 STATE STREET I "
APR 3 V4
BOSTON, MASSACHUSETTS 02109-2804
TELEPHONE(817) 248-5000•FAX(817) 248-4000
WWW.CHOATE.COM a.. R..�_. .�,,,., ....
April 12, 2004
VIA FIRST CLASS MAIL,
Ms. Susan Sawyer
Public Health Director
Town of North Andover Office of the Health Department
Community Development and Services Division
27 Charles Street
North Andover; MA 01845
RE: 547 Osgood Street, North Andover,MA`
Dear`Ms. Sawyer:
In accordance with our telephone conversation earlier today, I am writing to request relief
from an Order Letter requiring certain repairs at the above-described premises. The Order
Letter, dated March 9, 2004, was issued by your office to our client, Mr. Samuel S. Rogers,who
received the Order Letter by certified mail on March 12, 2004.
As you know, the former occupants of the premises, Jason and Gioia Clarke, failed to
respond to numerous attempts by Mr. Rogers to arrange.for the repairs required in the Order
p
Letter, which attempts included my letters dated March 22, 2004, March 26,2004,.and April 5,
2004, all of which were delivered to the premises by constable. As you also know, the occupants
never provided Mr. Rogers with a key to the locks they installed at the premises,despite repeated
requests to do so. On March 25, 2004, the Clarkes denied access to the premises to a licensed
lead inspector and a general contractor retained by Mr. Rogers to make the required repairs.
As we discussed by telephone this morning, the Clarkes vacated the premises on April 8,
2004, having never cooperated with our efforts to comply with the Order Letter. I am enclosing
a copy of'a notice that was served by constable today notifying the Clarkes of our intention to
enter the premises.
Because the residence is now vacant, we respectfully request relief from the inspection
and repairs required in the Order Letter. Specifically,we request full relief from the required
36794170
o F
Susan Sawyer
April 12, 2004
Page 2
Lead Determination Inspection. Because no children currently reside at the premises, such an
inspection is not necessary. Furthermore, we request an extension to repair the remaining items
in the Order Letter, including windows, peeling paint,water stains, and a light fixture, until such
time as a new occupancy is contemplated.
Please feel free to contact me at(617) 248-5121 should you have any questions about the
foregoing. Thank you.
Very truly yours,
Christopher Larson
Enclosure
cc: Mr. Samuel S. Rogers (w/o encl.)
3679417vl
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`� 1
CHOATE, HALL & STEWART
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
CHRISTOPHER LARSON
DIRECT Du.:(617)248-5121 EXCHANGE PLACEn'6F � "C -
EMAIL:CLARSON(4CHOATE.COMQ�',
53 STATE STREET
BOSTON, MASSACHUSETTS 02109-2804
TELEPHONE(617) 246-5000-FAX(617) 248-4000 !�
WWW.CHOATE.COM "
April 9, 2004
VIA CONSTABLE AND FIRST CLASS MAIL
Jason Clarke and Gioia Clarke
547 Osgood Street
North Andover,MA 01845
NOTICE REGARDING ABANDONMENT OF PREMISES
Dear Mr. and Ms. Clarke,
As you know, you have failed to pay rent or utility charges for your occupancy of the
above-described premises since November, 2003.1 Based on that failure, on March 3, 2004, Mr.
Samuel S. Rogers, your former landlord, served you with a Notice to Quit the above-described
premises. Since the Notice to Quit, you have failed to respond to my letters dated March 22,
2004, March 26, 2004 and April 5, 2004, all of which were delivered to you at the premises by
constable.
It now appears that you have abandoned the premises. Yesterday morning, April 8, 2004,
Mr. Rogers observed a moving van at the premises. At about 12:00 noon, Mr. Rogers noticed
that the moving van was gone and that the doors of the residence had been left ajar. On further
inspection,he found that the furniture had been removed from the residence and that the furnace
was not running. All that remained was a variety of refuse and discarded items in the house, on
the porch, and strewn about the yard. Mr. Rogers closed the doors at that time.
As you have abandoned the premises,please be advised that at 12:00 noon on Monday,
April 13, 2004, we will enter the residence. Because, despite repeated requests, you have not
provided Mr. Rogers with a key to the premises, the locks will be replaced at that time. Should
any items of value remain in the premises on that date,we will store such items for thirty(30)
days, during which y , g ch time they will be available to you upon request by calling me at (617) 248-
5121. After the expiration of the thirty-day period, all items will be discarded.
` Without limiting any amounts that may be owed, note that unpaid rent for five months
(December- April) totals $7,500, while unpaid gas, electric and fuel oil charges total $3,172.32,
for a total amount of$10,672.32.
3677808v2
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April 9, 2004
Page 2
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Please contact me at617
( ) 248-
5121 should you have any questions regarding the
foregoing.
Sincerely,
Christopher J. Larson
cc: Samuel S. Rogers(by e-mail)
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3677808v2
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Town of forth Andover r►oRTH
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Office of the Health Department �?I ° '' °
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Community Development and Services Division
2/ Charles Street
Susan Y. SaNi.N
NTorth Andover, Massachusetts 01845 p'SA US
er;.REHS/RS
Public Health Director 978.688.9540-Phone
978.688.9542-Fax
E-Mail: healthdent@towno.filorthandove.r.conl
Website:http://www.towi)ofnorthandover.coui.
.1
Letter Of Compliance
DATE: July 7,2004
TO OWNER OF RECORD PROPERTY LOCATION
Samuel Rogers 547 Osgood Street
575 Osgood Street North Andover, MA 01845
North Andover, MA 01845
A Health Department ORDER LETTER dated March 9 2004 was issued to
you, as owner of
record of the property listed above,citing violations of the State Sanitary Code, 105 CMR
410.000, Minimum Standards of Fitness for Human Habitation. A re-inspection of the
property,conducted on May 27,2004 by health department personnel,has found that all of the
violations noted on the Order Letter have been satisfactorily corrected. Thank you for your
cooperation in this matter.
�o owKtr
an Y. Sawyer, HS/RS . -t-
Public Health Director
Cc: File
:7771
Choate, Hall&Stewart
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BOARD OF APPEALS 688-9541 BUII.DING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING688-9535
Town of forth Andover aoRTN
Office of the Health DepartmentOka
Community Development and Services Division
27 Charles Street
North Andover, Massachusetts 01845 9SSaCHU
Susan Y. SaiAyer,REHS/RS
Public Health Director 978.688.9540-Phone
978.688.9542-Fax
E-Mail: healthdel)tLtownofrlorthandover.conl
Website:http://www.townof-iiorthandove.r.coni
Letter Of Compliance
DATE: July 7, 2004
TO OWNER OF RECORD PROPERTY LOCATION
Samuel Rogers 547 Osgood Street
575 Osgood Street North Andover, MA 01845
North Andover, MA 01845
A Health Department ORDER LETTER dated March 9,2004 was issued to you, as owner of
record of the property listed above,citing violations of the State Sanitary Code, 105 CMR
410.000, Minimum Standards of Fitness for Human Habitation. A re-inspection of the
property,conducted on May 27,2004 by health department personnel,has found that all of the
violations noted on the Order Letter have been satisfactorily corrected. Thank you for your
cooperation in this matter.
Since ,
-- an Y.Sawyer, HS/RS
Public Health Director
Cc: File
Choate, Hall&Stewart
i
i
i
HOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
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OCertified Fee
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(Endorsement Required)
0 Restricted Delivery Fee
cO (Endorsement Required)
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UNITED'STATESFirst-Class;.MBit
Postage&Fees Paid
USPS
Permit No.G-10:
° Sender: Please print your name, address, and ZIP+4 in this box °
North Andover Health Department
27 Charles Street
North Andover, MA 01845A�A 4;2 tires
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PS Form 3811,August,2001 Domestic Return Receipt 102595-o2=M-1540
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Town of Forth Andover
O�Rt1.CD im q�O
Office of the Health Department
Community Development and Services Division
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27 Charles Street °QA°� ''® 41
'� DgATED,.er`49
North Andover,Massachusetts 01845 RSSgc►+u��4
Susan Sawyer Telephone(978)688-9510
Public Health Director Fax(978)688-9542
NORTH ANDOVER BOARD OF HEALTH FILE
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: March 9,2004
To Owner of Record: Property Location:
Samuel Rogers 549 Osgood Street
575 Osgood Street #3301 North Andover,MA 01845
North Andover,MA 01844
An authorized inspection was made of your property at the above referenced address
by North Andover Health Department personnel on February 20,2004 in response to a
complaint regarding several housing code violations.
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.
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.
i
Certified Mail# 70031680 0004 9915 8605
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
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ORDER LETTER
An authorized inspection of 547 Osgood Street was performed by Board of Health staff on
February 20,2004 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 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 TO BE.ADDRESSED WITHIN TWENTY-FOUR(24)HOURS
1. The lease and tenants indicate the possibility of the dwelling containing lead paint. The
tenants have two children under-.the age of 6 and it is presumed the house was built
prior to 1974. If the dwelling has been previously inspected and has been found to be
free from lead paint or products,please"submit the Letter of Full Compliance issued
after the inspection. Please call the Health,.Department immediately to schedule a
Lead Determination Inspection.
VIOLATION CORRECTED: DATE\
VIOLATIONS TO BE ADDRESSED WITHIN THIRTY(30) DAYS
2. Several windows were also broken or cracked. "A window shall be considered weathertight
only if (1)all panes of glass are in place, unbroken and properly caulked;and(2) the window
opens and closes fully without excessive effort;and... (105 CMR 410.501(A)). Please fix all
cracked or broken windows to meet the standards set forth.
VIOLATION CORRECTED: DATE: Z 71d�1-'
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3. There are large areas of peeling paint in an upstairs bedroom and in the living room.
"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 repair any walls that
are peeling.
VIOLATION CORRECTED: DATE:
4. There are water stains on the dining room ceiling,light fixture and mold growth on the
interior wall between the living room and dining room. The water seepage is severe
enough so that it is causing all the paint to bubble up and peel off in large sections.
"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 determine the cause
on the water stains and repair as necessary. The water stains and chronic dampness
on the interior wall appear to be the results from a leak in the roof.
VIOLATION CORRECTED: DATE: 5/7-7
v
5. One bedroom upstairs does not have a working light fixture. "The owner shall provide for
each habitable room other than a kitchen: (B) two separate wall-type convenience outlets,or one
such outlet and one electrical light fixture." (105 CMR 410.250(B)). "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 electrical fixtures,
outlets and wiring,and ...". (105 CMR 410.351(A)).Please repair the broken light fixture
in the upstairs bedroom.
VIOLATION CORRECTED: DATE: _S 2...7
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s
105 CMR 410.910 PENALTY FOR FAILURE TO COMPLY WITH ORDER
6. "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.
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
triJ.LaGrasse
Health Inspector
CC: Susan Sawyer,Public Health Director
Occupant,549 Osgood Street
North Andover Building Department
File
CHOATE, HALL & STEWART
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS
CHRISTOPHER LARSON
DIRECT DIAL:(617)248-5121 EXCHANGE PLACE
EMAIL:CLARSON@CHOATE.COM 53 STATE STREET B:>!%r 1.D (3F t�f,_71
{ .. .::e.....__ ._...._._ ...�.
BOSTON, MASSACHUSETTS 02109-2804
TELEPHONE(617) 24.8-5000•FAX(617) 248-4000 MAR 2 3 �`n
"I
4
WWW.CHOATE.COM
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March 22, 2004
VIA CONSTABLE
Jason Clarke and Gioia Clarke
547ood s _
O Street
g
North Andover, MA 01845
NOTICE OF REPAIRS AND LEAD INSPECTION
Dear Mr. and Ms. Clarke,
Please be advised that this office represents Mr. Samuel S. Rogers in various matters
involving the above-described premises (the "Premises"). This letter will serve as notice that
Mr. Rogers has retained a contractor to make the repairs noted in an Order Letter of the North
Andover Board of Health dated March 9, 2004,which Order Letter Mr. Rogers received by
certified mail on March 12, 2004, and has also retained a lead paint inspector licensed in
Massachusetts to inspect the Premises. Both the contractor and the lead inspector are scheduled
to begin their work on Thursday,March 25, 2004, at 9:00 a.m.
As you know, despite Mr. Rogers' repeated requests, he has yet to receive a key from you
for the recently replaced locks at the Premises. Accordingly,please be available to admit the
contractor and the lead inspector into the Premises at 9:00 a.m. on March 25, or provide Mr.
Rogers with a key to the Premises before that date.
Thank you in advance for your cooperation.
Sincerely,
Christopher J. Larson
cc: Samuel S. Rogers (by email)
Susan Sawyer, Public Health Director(by first-class mail)/
Brian J. LaGrasse, Health Inspector(by first-class mail) ✓
36715900
1
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CHOATE, HALL & STEWART
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS FILE
'LE
CHRISTOPHER 1 AR CON
DIRECT DIAL:(617)248-5121 EXCHANGE PLACE _
EMAIL:CLAmoN@CHOATE.COM 53 STATE STREET
BOSTON, MASSACHUSETTS 02109-2804
TELEPHONE (817)248-5000•FAX(817) 248-4000 t a
W W W.CHOATE.COM
March 26, 2004
VIA CONSTABLE
Jason Clarke-and-Gioia Clarke
547 Osgood Street
Northndover 845
SECOND NOTICE REGARDING REPAIRS AND LEAD INSPECTION
Dear Mr. and Ms. Clarke,
As stated in my Notice of Repairs and Lead Inspection dated March 22, 2004 and
delivered to your residence by constable on March 23, 2004, a contractor and a licensed lead
inspector arrived as scheduled to begin work on the above-described premises at 9:00 a.m. on
Wednesday, March 25, 2004.
Neither the contractor nor the lead inspector were able to begin this work because you did
not admit them to the premises. Instead, you left a note on the door which read, "I apologize for
not being of service to you. But Sam Rogers gave me 1 day notice for repairs and I have plans
and don't feel right giving anyone the Key. Sorry."The lead inspector has informed me that,
notwithstanding your letter, there were vehicles parked in the driveway and audible activity
within the residence. Although he knocked on the door and rang two separate doorbells
repeatedly,however,no one responded to him.
As far as leaving a key with anyone,please note that Mr. Rogers, as owner of the
premises, is entitled to a key. Your failure, despite Mr. Rogers' repeated requests, to deliver a
key for the recently replaced locks at the premises is preventing Mr. Rogers from undertaking the
repairs required in an Order Letter of the North Andover Board of Health dated March 9, 2004,
which Order Letter Mr. Rogers received by certified mail on March 12, 2004, and from
inspecting the premises for the presence of lead paint. Also, the North Andover Board of Health
informs me that you have not returned telephone calls to schedule a lead inspection through that
office. I encourage you to do so.
In accordance with our prior correspondence, please provide Mr. Rogers with a key to the
premises immediately, so that we can reschedule work to be done by the contractor and the
inspector. In the future, we will give you at least 48 hours notice of scheduled work.
3672975x1
i
I
March 25, 2004
Page 2
Should you wish to discuss the forgoing,please call me at(617) 248-5121. Thank you in
advance for your cooperation.
Sincerely,
Christopher J. Larson
cc: Samuel S. Rogers (by e-mail) /
Susan Sawyer,Public Health Director(by first-class mail)Y
Brian J. LaGrasse, Health Inspector(by first-class mail)
3672975v1
y
CHOATE, HALL & STEWART
A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS y
CHRISTOPHER LARSON
EXCHANGE PLACE
DIRECT DIAL:(617)248-5121 6,>
EMAIL:CLARSON@CHOATE.COM
58 STATE STREET
''rA`
BOSTON, MASSACHUSETTS 02109-2804
TELEPHONE(617) 248-5000•FAX(817) 248-4000
W W W.CHOATE.COM
March 26, 2004
VIA CONSTABLE
I
Jason Clarke and Gioia Clarke
547 Osgood Street
North Andover,MA 01845
SECOND NOTICE REGARDING REPAIRS AND LEAD INSPECTION
Dear Mr. and Ms. Clarke,
As stated in my Notice of Repairs and Lead Inspection dated March 22, 2004 and
delivered to your residence by constable on March 23, 2004, a contractor and a licensed lead
inspector arrived as scheduled to begin work on the above-described premises at 9:00 a.m. on,
Wednesday, March 25, 2004.
Neither the contractor nor the lead inspector were able to begin this work because you did
not admit them to the premises. Instead, you left a note on the door which read, "I apologize for
not being of service to you. But Sam Rogers gave me 1 day notice for repairs and I have plans
and don't feel right giving anyone the Key. Sorry."The lead inspector has informed me that,
notwithstanding your letter, there were vehicles parked in the driveway and audible activity
within the residence. Although he knocked on the door and rang two separate doorbells
repeatedly,however, no one responded to him.
As far as leaving a key with anyone,please note that Mr. Rogers, as owner of the
premises, is entitled to a key. Your failure, despite Mr. Rogers' repeated requests, to deliver a
key for the recently replaced locks at the premises is preventing Mr. Rogers from undertaking the
repairs required in an Order Letter of the North Andover Board of Health dated March 9, 2004,
which Order Letter Mr. Rogers received by certified mail on March 12, 2004, and from
inspecting the premises for the presence of lead paint. Also, the North Andover Board of Health
informs me that you have not returned telephone calls to schedule a lead inspection through that
office. I encourage you to do so.
In accordance with our prior correspondence, please provide Mr. Rogers with a key to the
premises immediately, so that we can reschedule work to be done by the contractor and the
inspector. In the future, we will give you at least 48 hours notice of scheduled work.
3672975v1
� y
March 25, 2004
Page 2
Should you wish to discuss the forgoing,please call me at (617) 248-5121. Thank you in
advance for your cooperation.
Sincerely,
Christopher J. Larson
cc: Samuel S. (
Rogers (by e-mail
g
Susan Sawyer,Public Health Director(by first-class mail) /
Brian J. LaGrasse,Health Inspector(by first-class mail) �V
3672975v1
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54OSGOOD STREET
Complaint Detail Report
Printed On:Wed Mar 03,2004
'R'MM
Cainaint# �T2(Q QQUQSb -Status Tticlscove";
,P
� ,.'� �'$�"�^�:_ �,�n'I� �„;- � -«::'ear"- a-S�e. m� �_ .� s.s: � ,�-:. v� �'�-d � "�-�• '�.�� ��,�. aa- ��'��-r�m% £ �..z...��u..
Addlress �.- 5�7 OSGf7QD°S RET � ���
bate Recvcx I~eb-04 2flfl4:` TimeRecvct fll 47 P,M Block ';
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a«�i< "�� .� �,�....-:: � ��.;.: ,..�,�. -•5 ry r� �, ..a '€�..', ,r .r-� ,gs a� ,3,. .� r a•-e r �
fl fE'SCr tIOn' ', s
m 1415:Glarke(srora came"•ta tlie'bffice re resentrn erse1), er husband las ME
'd z .. e: % 4. x
COmpIauit. p
Oki' b on G o a Sh zs a tenant at5 7 Osgood Street owned b SamuelRogers X978 686 32$1
r ,
The Grora s have been tenants a this address since dun of 2003Wand;have,sr neda lease.a eementthrou h;7une 2004 a which aznt the have the oon to renew o
Mr Ro"ers hasoMbee :r`es"onsive to the vanousssues tat'need�o Ue`a clres'el t ienc S y 7
� n p � d s at,h s resrd e �� �,� � _
` r rte„ .. � :"`
Com lints are as follows 3 x � � �
p .. .,. W „
1 VVheh the tenants moved rn the dish�asher was brcen Tt#ooiIVr leo ers 4 m nthg to, et rt fixed!PIM(i"rkrn :€orders g
• "r �_,,: .3 • ,„ ga. :a .gz .a,:
2 The Gerling�sleakmg ut tbehvrng area and there has been aurge hole rn the cerlrngfor the last 4 5 mos The water has Teaked around the electrical lrghttng" and a
r ,
pain IS'GhlppllYg,bff'a' :"ice--`E"tea " ...., .-# ."a`�,,, r - ''"% .: - ..,.- "` a "• _4 t z " ,:-F- 3 -t y''�- a� � 1' •" say
The bathroom has amold/tritltlew problem and leaked around thershQwerhead' The tenants�had thi fined themselves and were no reitttbursed ';
Tho'loeks drd itot wwor1cwhenthe.tenants not edins the tel anCs. ud for this efi mselves a role 2() E
.- ".:;K .�x - p r ' PP $ d}antl were not reimbursed :. p; ,-
5 Th srno Ce detectors are not wofkzng Tbere aie two,and they are hard r nred unto the walls They kept�going pff and the to rants had4 o dzsconn ct;them about szz
rv.a w a a
months ago as the landlprd was not
AIN"Wiring them
6�The.basemenheater zs an old oil burner arzd shu£s off every morning,and hasto be tamed on by the tenants They3haue been paying for their own heat and having;
delrvert d 1VFr;Ro e�(has also vd andhad'soine;delivered>an zs nod ubtiut{'rip a$1.200 bill tQ"the tenants to, a` fowhaf he-ori�ay�d utTbekft wn tcs hem.-
,t S' fin,,!y.:y � y5,: rM+ ,e, k d t 4Y
Por the sfove and hot wata Mr 1?Qgera ltnd bald of $tlmt3 of the lease tlid"N' wtattld eu�tttually switch even h77 to- s,wtilc he-tiag hdrd nye r -
,••„,t a F"tA. -`s.k.* �, s >} s„-, 0 = x i Yt Lng �g.����.,
please make�an app�mtment with;iYTs Gii�i�as soc�ri�as passible to"rnv""eshgate.th�s sztuatiofr �advised hero�atherall,rece� is<:documetitatzon`an -refutes of dama e
lease agieemenf to llav ready at the tune pf"}%pur scfietiuled a�oiatment,,Please call her at; 97$691 57��4" ` �,� p�� W� ���'��� _' ���
NlillilelitS:
Callers
Date Time Name Phone Best Time To Reach Recorded By Response
Feb-04-2004 1:47 PM Clarke Gioia (978)691-5794 Q Pamela DelleChiaie Follow-Up by Health Inspector
Mar-03-2004 2:45 PM Julia Clark (978)691-5794 Q Pamela DelleChWe Forwarded to Health Inspector
Actions Taken
GeoTMS Module Status Date, Time Response Type Action Taken Comments
Board of Health RFPFRRAI, M4r-03-2004 2.45 PM follow-Vp by Health *NEW* Ms.Gioia states that she received an eviction
Inspector notice today to vacate the property within 14
days. Per the Health Inspector,he will be getting
out the order letter tomorrow from the first call
that came in,and will address this new concern a
that time.--p.d.
i
Ge0TMS8 2004 Des Lauriers Municipal Solutions, Inc. Page 1 of 2
i
L9t- s-7 '94;�
547 OSGOOD STREET
Complaint Detail
Printed On:Wed Feb 04,2004
Complaint#: CT-2004-000056 Status: In discovery GIS#: Violator:
Address: 547 OSGOOD STREET Map: Address:
Date Recvd.: Feb-04-2004 Time Recvd.: 01:47 PM Block: ,
Category: Housing Lot: Type:
GeoTMS Module: Board of Health District Trade:
Recorded By: Pamela DelleChiaie Zoning: Structure:
Description
Complaint Ms.Clarke Gioia came to the office representing herself and her husband Jason Gioia. She is a tenant at 547 Osgood Street,owned by Samuel Rogers,
978.686.3281.
The Gioia's have been tenants at this address since June of 2003,and have signed a lease agreement through June 2004,at which point they have the option
to renew or not. Mr.Rogers has not been responsive to the various issues that need to be addressed at this residence.
Complaints are as follows:
1. When the tenants moved in the dishwasher was broken. It took Mr.Rogers 4 months to get it fixed to working order.
2. The ceiling is leaking in the living area,and there has been a large hole in the ceiling for the last 4-5 mos. The water has leaked around the electrical
lighting,and all the paint is chipping off.
3. The bathroom has a mold/mildew problem,and leaked around the showerhead. The tenants had this fixed themselves,and were not reimbursed.
4. The locks did not work when the tenants moved in. The tenants paid for this themselves(approx.$200)and were not reimbursed.
5. The smoke detectors are not working. There are two,and they are hard wired into the walls. They kept going off,and the tenants had to disconnect them
about six months ago,as the landlord was not responsive in repairing them.
6. The basement heater is an old oil burner,and shuts off every morning,and has to be turned on by the tenants. They have been paying for their own heat
and having it delivered. Mr.Rogers has also paid and had some delivered,and is now submitting a$1,200 bill to the tenants to pay for what he ordered,
unbeknown to them. Gas is used for the stove and hot water. Mr.Rogers had said at the time of the lease that he would eventually switch everything to gas,
which he has not done.
Please make an appointment with Ms.Gioia as soon as possible to investigate this situation. I advised her to gather all receipts,documentation any pictures of
Comments
Callers
Date Time Name Phone Best Time To Reach Recorded By Response
Feb-04-2004 1:47 PM Clarke Gioia (978)691-5794 Q Pamela DelleChiaie Follow-Up by Health Inspector
Actions
GeoTMS Module Status Date Time Response Type Action Taken Comments
Board of Health REFERRAL Feb-04-2004 2:05 PM Follow-Up by Health *NEW*
Inspector
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GeoTMS®2004 Des Lauriers Municipal Solutions, Inc. i� Page 1 of 1 q
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System Pumping Record r SEP 15 2005
M Form 4 i-OWPv OF NQRTH ANDOVER
HEALTH DEPARRT�AE
DEP has provided this form for use by local Boards of Health. Other forms ma a—, 66VAe
information must be substantially the same as that provided here. Before using this form, check with your
local Board of Health to determine the form they use.The System Pumping Record must be submitted to
the local Board of Health or other approving authority.
A. Facility Information
Important:
When filling out 1. System L t V � ` S�—
form on the C,C�,I
computer,use
only the tab key Address
to move your J��L
cursor-do not IIJJ
use the return citytTowhState Zip Code
key.
2. System Own K r) � f M ae'(
Name
-- Address(if different from location)
City/Town State Zip Code
Telephone Number
B. Pumping Record g; 1041L
1. Date of Pumping Date 2. Quantity Pumped:
3. Type of system: ❑ Cesspool(s) Septic Tank ❑ Tight Tank
❑ Other(describe):
4. Effluent Tee Filter present? ❑ Yes ❑ No If yes,wad it cleaned? ❑ Yes ❑ No
5. Condition of System:
6. S stem Pumped By: �� ]
t V / /V�ehide Lice Number
l.il
Company T
7. Location where contents were disposed: 'f
t
o auler Date
t5form4.doc-06/03 System Pumping Record•Page 1 of 1
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