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V55 FERNVIEWAVENUE 453.0-0055
Complaint Detail Report
Printed On:Mon Feb 02,2004
Complaint#: CT-2004-000033 Status: jIn discovery GIS#: 8241 Violator:
Address: 55 FERNVIEW AVENUE Map: 453.0 Address:
Date Recvd.: Sep-12-2003 Time Recvd.: 12:06 PM Block: 0055 ,
Category: Housing Lot: Type:
GeoTMS Module: Board of Health District: Trade:
Recorded By: Pamela DelleChiaie Zoning: Structure:
Description
Complaint: Received a call from a Maureen Pare,a condominium resident at Heritage Green, regarding a sanitary issue in her condo.
For the past 6 or 7 months,she has had problems with the sewage from the street backing up into her tub/toilet. This has filled and overflowed the tub and onto her floor
and carpets. She has done all the cleaning herself. Last week this happened two times,and again today. She has dealt with Karen Sorkin,the property manager at Heritage
Green,but Ms.Sorkin has not been proactive in resolving the problem. Evidently there is an issue with tree roots interfering with the sewage pipes. Nothing has been
followed up on,and Ms.Pare's complaints are falling on deaf ears.
Condo association fees are paid,and these types of issues should not be happening,as her property is being damaged.
Comments:
Callers
Date Time Name Phone Best Time To Reach Recorded By Response
Sep-12-2003 12:06 PM Maureen Pare (978)688-8181 Q Pamela DelleChiaie
Actions Taken
GeoTMS Module Status Date Time Response Type Action Taken Comments
Board of Health REFERRAL
GeoTMS®2004 Des Lauriers Municipal Solutions,Inc. Page 1 of 1
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A.
aye Axeen &ndlaminimm
39 Farrwood Avenue, Unit #1 Telephone (978) 685-4434
North Andover, Massachusetts 01845 Fax (978) 685-0521
October 2, 2003
Mr. Brian J. LaGrasse
Town of North Andover
Office of the Health Department
27 Charles Street
North Andover, Massachusetts 01845
Dear Mr. LaGrasse:
Heritage Green's Management Office would like to inform you that the sewerage
problem at 53/55 Fernview has been completed. At your convenience, could
you please come out and inspect the completion of the work so that you can sign
off on the complaint.
Yours truly,
Karen L. Sorkin
Property Manager
Heritage Green Condominium
Cc: File
Trustees
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Town of North Andover
Office of the Health Department
Community Development and Services Division •
27 Charles Street ' "° -•
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North Andover, Massachusetts 01845 4sSacHu��t
Sandra Starr Telephone(978)688-9540
Public Health Director Fax(978)688-9542
NORTH ANDOVER BOARD OF HEALTH
ORDER LETTER
Issued under the provisions of the State Sanitary Code,Chapter II, Minimum Standards of
Fitness for Human Habitation, 105 CMR 410.000.
Date: September 12, 2003
To Owner of Record: Property Location:
Diversified Funding, Inc. Heritage Green Condominiums
63 Atlantic Avenue 55 Ferrnview Avenue
Boston, MA 02110 North Andover, MA 01845
An authorized inspection was made of your property at the above referenced address
by North Andover Health Department personnel on September 12, 2003 in response to a
complaint regarding a sewage back up on the bottom floor of the building. It is noted that the
Condominium Association is responsible for all the building exteriors and the grounds keeping,
etc. The Condominium owners are responsible for payment of Condominium Association Dues
each month to maintain the properties. It was discussed on site with a representative of Drain
Doctor, that the sewage back up was due to a faulty building sewer pipe exiting the building.
The sewage backup issue caused by a faulty sewer pipe is a violation of the State
Sanitary Code,Chapter II, as listed on the attached Violation Form. You are hereby ORDERED
to correct the violation 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.
Certified Mail # 70031010 000107819222
BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535
ORDER LETTER
An authorized inspection of 55 Fernview Avenue was performed by Board of Health staff 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 OF 105 CMR 410.750(A-N) TO BE ADDRESSED WITHIN TWENTY-
FOUR(24) HOURS
1. The building does not have a properly operating building sewer. The sanitary drainage
system issue is causing a back up of raw sewage into the bottom floor apartments of the
building.
"The owner shall provide,for each dwelling, a sanitary drainage system connected to the public
sewerage system, ...and shall maintain in a sanitary condition, a means of sewage disposal which is
in compliance zuith 320 CMR 15.00 "(105 CMR 410.300). "The following conditions, when found
to exist in residential premises, shall be deemed conditions which may endanger or impair the health,
or safehj and well-being of a person or persons occupying the premises. (F)Failure to provide a toilet
and maintain a sewage disposal system in operable condition as required by 105 CMR 410.150(A)(1)
and 410.300." (105 CMR 410.750(F)).
Please repair the building sewer to allow for proper operation and eliminate future
sewage backups into the dwelling.
Please also remove the hallway and closet carpets from Apartment#8 and the foyer
carpet in Apartment#7. Please contract a professional cleaning contractor to sterilize the
tile and fixtures in both apartments that came into contact with the sewage and submit
receipts to the Health Department.
Please contact all other apartments on the bottom floor of the subject building to see if
the sewage backup affected them and submit a written statement indicating what units
were affected. Please include a list the building occupants and their contact information.
VIOLATION CORRECTED: DATE:
f �
105 CMR 410.910 PENALTY FOR FAILURE TO COMPLY WITH ORDER
2. "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(8)."The Board of Health
shall levy a fine in accordance with 105 CMR 410.910 for each day or portion
thereof in which a violation exists after its associated deadline.
105 CMR 410.831 DWELLINGS UNFIT FOR HUMAN HABITATION:
HEARING: CONDEMNATION: ORDER TO VACATE: DEMOLITION
3. "If an inspection pursuant to 105 CMR 400.100 or 105 CMR 410.820 reveals that a
dwelling or portion thereof is unfit for human habitation, the Board of Health may (after
complying with 105 CMR 410.831(B), (C), or(D), if the dwelling is occupied) issue a
written finding that the dwelling or portion thereof is unfit for human habitation. The
finding shall include a statement of the material facts and conditions upon which the
finding is based". (105 CMR 410.831(A))
"Exception to notif'cation and hearing requirements. If at anytime the Board of Health
determines in writing that the danger to life or health of the occupants) is so immediate
that no delay may be permitted, then the Board of Health may immediately issue a
finding that an occupied dwelling or portion thereof is unfit for human habitation
without providing the notification or hearing specified in 105 CMR 410.831(B) and (C).
A copy of the determination of immediate danger, and a copy of the finding of unfitness
for human habitation shall be sent to each affected occupant, and to the owner". (105
CMR 410.831(D))
Sincerely,
rian J. LaGrasse
Health Inspector
CC: Board of Health
Occupant,55 Fernview Avenue, Apartment#7 and#8.
Karen Sorkin, Heritage Green Property Manager,39 Farrwood Avenue,Apartment #1,
North Andover, MA 01845
File
Page 1 of 1
Lagrasse, Brian
From: DelleChiaie, Pamela
Sent: Tuesday, September 30, 200311:36 AM
To: Lagrasse, Brian
Cc: Griffin, Heidi
Subject: Follow-Up from Heritage Condominiums Complaints
Hi Brian,
Roseanne called from Heritage with follow-up from the two housing complaints:
#38 Edgelawn#11 -James Smith
re: Squirrel
Repair: A new gutter facier and soffit was repaired.
#5.3`55 Fernview 1
re: Sewage issue
Repair: Work is completed if you want to come check it out. Sewage backup -main drain was fixed.
You can come for an inspection if you want.
Call 978.685.4434 -Roseanne Ciofolo from Heritage Condos to schedule any necessary follow-up.
Thanks,
Pam
Pamela DelleChiaie, Health Dept. Assistant
Town of North Andover
Community Development& Services
27 Charles Street
North Andover, MA 01845
pdellechiaie@townofnorthandover.com
Tel. 978-688-9540
Fax 978-688-9542
9/30/03
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Page 1 of i
Pamela DelleChiaie
From: "Brian Lagrasse"<blagrass@townofnorthandover.com>
To: '"Pamela DelleChiaie"'<pdellechiaie@townofnorthandover.com>
Sent: Thursday, September 18,20031:00 PM
Subject: RE: Follow-Up Complaint-55 Fernview at Heritage Condos
tried to call her, no answer. called hert. gin and spoke with them about putting up caution tape etc
-----Original Message-----
From: Pamela DelleChiaie [mailto:pdellechiaie@townofnorthandover.com]
Sent:Thursday, September 18, 2003 12:22 PM
To: Brian LaGrasse
Cc: Heidi Griffin
Subject: Follow-Up Complaint-55 Femview at Heritage Condos
Hi Brian,
Maureen Pare called last night just as we were leaving...
She is stating that work is now being done in and around her unit, and if she steps more than a foot out of
her condo unit,there is a 3.5 foot drop with no covering,which is a safety hazard.
The laundry area has about 4.5 foot pile of dirt in it,and there is no acess.
Her unit smells like sewage.
Can you follow up with her at: 978.682.4266.
Thanks,
Pam
9/18/2003