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Miscellaneous - 68 FERNVIEW AVENUE 4/30/2018 (2)
68 FERNVIEW AVENUE U-4 21.0/465.0-0068-0004.0 I f To r\.f\ Oro OQ �o �t 0r<s res �hr ark Sir � n cz- 13 ns.� G y 9 0y A c�exr,���e �xeen �an�am�n�um 39 Farrwood Avenue, Unit #1 Telephone (978) 685-4434 North Andover, Massachusetts 01845 Fax (978) 685-0521 June 11, 2003 CERTIFIED/RETURN RECEIPT ' REQUESTED .JUN 12 2003 Mr. Brian J. LaGrasse Town of North Andover Office of the Health Department 27 Charles Street North Andover, Massachusetts 01845 Re: 68 Fernview Avenue Unit # 2 North Andover, Massachusetts 01845 Dear Brian: Please be advised that the work at 68 Fernview Avenue, Unit#2 has been completed. I have left several telephone messages for you in an attempt to set up an appointment to meet at the unit and inspect the work. Our contractor also wants to get in and see the unit when it is raining to make sure that the work has been successful. I have been trying to set this up through the attorneys. Please call me at your earliest convenience. Yours truly, SPG Karen Sorkin Property Manager Cc: File Trustees Atty. Joseph Savrino (via fax) KS/rc 01/16/1994 21:24 0000000000 DIVERSIFIED PAGE 02 J&C Contractors,Inc. 85 Riveredge Rd. Billerica NIA 01862 Office/Fax-(978)667-8014 Cell Phone-(508)574-3588 PROPOSAL A'iTN:Mr. Thomas Diorio 68 Fenmview Ave. Apt.#2 N.Andover,MA RE:Flashing and pointing Date: April 23,2003 Work to be performed at 68 Fernview Ave.,Apt. #2 1. Cutting out of masonry joints along perimeter of wall above foundation adjacent to apartment as needed. 2. Saw cut brick above where foundation is jutting out torn building. 3. Install epoxy sealant with flashing to go down over foundation area where it is jutting out fiern building. 4. Re-point entire affected area. S. Complete job site clean up and removal of debris pertaining to this project. This process should alleviate water infiltration in these areas at this time. Total Cost to be(approx. 100 lineal feet)=$635.25 Re pectfi,lly Su fitted, Kathy Ings residers J&C Contractors,Inc.carries workman's compensation and full liability insurance. All work performed will be done to your satisfaction and in a workmanlike manner. All work areas will be left in a clean manner throughout projects. This proposal may be wiithdmwn by us if not accepted within 30 days. rla1�*MiiR��r*•y*�tf�w��M!!##*####•**##Rrt#f•i!t####,kR+R#M«tt####**#####**s Aeaptance of Proposal-The above prices, specifications and conditions are satisfactory and are hereby accepted. you are authorized to do the work as specified. Date Signature 01/16/1994 21:24 0000000000 DIVERSIFIED PAGE 01 Diversified Funding Inc. Heritage Green C(*)r., � .:i 63 AdWrldC Avenue 39 ('srr �cKn AvCh: ' Boston, Messechuseru 021 :U ^1�r'h Andover. �1;�ssur! �_• DATE: PART?KEN7: F.kX PHONT K;,-NaER60 -ROM- �..R��`,A.'�;v CIOFOLU Of'FI"�f SSS1;; Or :,ACE: .)4j 40 J P-e,�Yl 6 'OU 00 'SOT RECEIVE ALL PAM, - 7FLEPHOti'E. 97S. 975.635 �, ; e Town of North Andover � NORT#1 ° ;SLED ° Office of the Health Department ;_ ° °- 0 Community Development and Services Division 27 Charles Street .. ,. North Andover,Massachusetts 01845 �4 s"*" S RCHUS t Sandra Starr Telephone(978)688-9540 Public Health Director Fax(978) 688-9542 MEMORANDUM TO: Karen Sorkin,Heritage Green Property Manager FROM: Brian J. LaGrasse RE: 68 Fernview Ave.,Apt.#2-Chronic Dampness Issue DATE: May 12,2003 Dear Karen: An inspection of 68 Fernview Avenue,Apartment#2 was performed on May 12,2003 at 2:00 P.M.by Health Department staff in the presence of the unit owners and yourself, a representative of Heritage Green Condominiums on behalf of Diversified Funding,Inc. The Health Department inspected the work recently completed on the exterior of the subject apartment,by your contractor,in response to an Order Letter issued to Diversified Funding, Inc. on April 9,2003. At the time of the inspection,it was noted that the exterior work completed was suitable for the assumed cause of the water intrusion,however,upon inspection,it was also noted that the problem persists and was not completely rectified by the work completed. Since the problem continues and the subject dwelling is not in compliance with the Order Letter dated April 9,2003,the work must-be completed immediately or the Board of Health will issue fines in accordance with 105 CMR 410.910,retroactively dating back to the original deadline of April 17,2003. It was decided that a meeting with your waterproofing contractor and the Health Department would take place sometime tomorrow,May 13,2003. I anticipate that you will contact this office and schedule a time for the meeting tomorrow as agreed upon on site. Please feel free to call me at the number listed below if you have any comments, questions or concerns. Thank you for your anticipated cooperation. BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 w Since��ly, /�///�•�' .:� ,/'�•`rte lam. Brian j. LaGrasse Health Inspector Via: Regular Mail 39 Farrwood Ave.,N. Andover,MA 01845 and Facsimile (978) 685-0521 cc: Occupants,68 Fernview Ave,Apt#2,North Andover,MA 01845 Diversified Funding,Inc., 63 Atlantic Ave,Boston,MA 02110 Robert C. Autieri,Esq.,811 Turnpike St.,North Andover,MA 01845 File y TOWN OF NORTH ANDOVER OFFICE OF THE HEALTH DEPARTMENT COMMUNITY DEVELOPMENT AND SERVICES DIVISION 27 CHA RLE S STREET N O R T H AN D OVER , MASSACHUSETTS 0 1 5 8 4 5 FACSIMILE TRANSMITTAL SHEET TO: e gg .. FROM: f - COMPANY: DATE: FAX NUMBER: TOTAL NO. OF AGES INCLUDING COVER: q� (94% _5_` GS2` 1 s PHONE NUMBER: PHONE NUMBER: RE: 1V� b YOUR REFERENCE NUMBER: ❑URGENT X FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE �'e�cta�e �xee�n T04lbfl4mlilbbflrm 39 Farrwood Avenue, Unit 01 Telephone(078)886.4434 North Andover, Massachusetts 01845 Fixj(878) 885-0521 April 18, 2003 ` APRI � ? i Mr. Brian LaGrasse, Health Inspector North Andover Board of Health 27 Charles Street Re :Diorio North Andover, MA 01845 68Fernview Ave.#2 Heritage Green Condominium Dear Mr. LaGrasse: I would like to update you on the status of our attempt to get a waterproofing contractor out to the above-mentioned unit at Heritage Green Condominium. I am attaching correspondence from our attorney, Joseph Saurino, and from Robert Autieri, the attorney who is representing the Diorio family so that you see firsthand what has caused some of the delay in getting access to the unit trying to resolve the matter. I have called to two waterproofing contractors, Dependable Waterproofing and All-Star Waterproofing, and I am waiting to hear from them. The fact that this is a holiday week has made it more difficult to get these men out to the site. We were all set to do this last weekend, as the weather reports were promising rain and one of these men was able to come out, but we could not get access to the unit. As soon as I hear from the contractors, I will notify our attorney and he will set up the appointment. Please call me if I can provide you with any more information. Yours truly, Karen Sorkin Property Manager Heritage Green Condominium Cc: Joe Saurino - Marcus, Goodman et.al K. Viafore - Swerling, Milton Winnick J. Richards - Vermont Mutual Insurance Co. Dave Crowley -Scannel & Crowley I0 39bd UIdIS83AIa 0000000000 91:10 0661/E0/T0 04/16/2003 09:55 6176301147 JMR ADJUSTME=NT SRV tAWL' ni FAX MEMO 04/16/2003 TO: HERITAGE GREEN COMDOMINIUM C/O DIVERSIFIED FUNDING INC. ATTN:KAREN SORICJN gRpM; ADJUSTING ASSOC, dbaJMRAdjWt*=t JEFFREY M.RICHARD P.O.BOX 2 NEWTON,MA 02495 (617)630-1.110 FAX: (617)630-1147 RE: HERITAGE GREEN COMDOMIN1UM Policy s: lan 7046140 Uate of Loss: 11/18/2002 Our File it: 2-VT-243 Dear Ms. Sorkin: Good marring. The purpose of this Memo is twofold. On 4?15/03 Y received a voice wail momar l!ef<sAw bushmm hones o14/14 by your Nblk Adjuster, Karo V/afore. Appee cWy,thane have reumly baoa observadOtts of additional laalu into 68 Fennview#2• Mr.Viaforo kdica'Md that meaga No�uadetway w a�eertpt to identify the source and corceot the problem to prevom fulther detmV- plow lM de�„wriths hof those NWVWy activities, inchtding the drewpstance»sutrane t dee do of discovery,the eeumpley$"Goa,0-M any proposals for perp ou"r4paim aeaoeiated wilh*0 sourne of the problem and raeultift datt gm- Also,I would regeacst that you or your Public A4juAw cmdumay . e Your ws"mce 16 appreeaateed. Tl N&yera. JEFF Y CHARD CC. VERMONT' MUTUAL INSURANCE COMPANY KEN VIAFORE,SwERLINO MILTON'WINNICK DAVE CROWLEY,SCANNELL& CROWLEY arrao� ior,gqlAgr 6 Z0 39Vd G3IJIS83AIa 0000000000 91:10 0661/£0/i0 MARCUS9 ERFJCo, EWMER & BROOKS, p.C. Attolrneys At Lew FACSIMILE TRANSMITTAL SHEET MOM: Joe to. Atty, Ruben C.Autierii° _. --- cOWAm 4/11/03 of Robert C,Autied ------ r� .�Nu OP PAGES 1P.CW0:NLi COYU; PAX Nk!"rin 1 (978) 686-6960 PHONE Eat In Bit cn�oce s+tEPBRENIE NUNDP.A YOUR REFSPXNCG NI:MbiAL RE! ];edtagt:GICM/DiOdo D URGENT D FOR RLYIEW 0 PlIcASC COMt,IP-NT O PLEASE REMY ❑ PLEASE RECYCI-6 fiOTCs/COM�.•ty:T i Bob: I hope that x1l is well The Weather capon far tomoaow seem w isadicate lresvy sollt• I'm hoping chat Ebc DiOoos may be svnilzole wtnou0w(while it's rzinmg 1us'�4)eo that the I Ielitage Glees folks c=see Slst•h=d Wbt tnsv be happening—while it's laappeuiag- The mare PC=* 4tet of the building was sealed with bydnubc cement wbeg the weather btolce baefly toward the end of lriarch. If this d,ida'c solve the awes intrusion problerq we need to sec if there's=chef source. 'Me best W:Ly to do this Would be to sw the ars first-hand. Please let me know if the DiOnoe vn1l be available tomorrow fun:this purpose and,if so, when. Thanks, Regards, Joe Sautino +•+ NOTICE OP CONFIDENTIALITY • • THIS TRANSMITTAL IS IN-f'ENDED FOIA THE ADDRESSEE(S) LISTED ABOVE AND MAY CONTAIN INFORMA'T'ION THA,f IS CONFIDENTIAL AND PRIVILEGED, IF YOU ARE. NOT THE ADDRESSEE(S), ANY USE, DISCLOSURE, COPYING OR COM,v,UNIC:tT10N OF THE CONTENTS OF THIS TKANSMISSIOIS IS pR01{IBI7I+D. IF TH1S MESSAGE 15 1LRCt(VED IN BRROR. PLEAS?, MEPHONP.. US IMMEDIATELY .COLLECT IF NECESSARY), TP YOU HAVE ANY QUESTIONS OR PROBLE\IS, PLEASE CALL (781) 643-5000. 41 HII.AINTREE HIL:, GfrlCr PARK, SUITC YO' ERAINTRL'13. E4A 0216• Oitl 143.5090 ,psi) e•!•�s:o Fax 60 39tid a3IJIS83AIa 0000000000 SI:IO 0661/£0/T0 as%;1/2003 14'39 9796966960 LAW OFFICES OF ROBERT C. AUTIERI, ESQ• W/11.6OWi PROF60610NAL PARK 611 YNRNr'1R91 3TR85Y No/RM ANDOVER• MA 01845 Yi���.�owa:; 19�et ea+.osa� K&X; toro� eea•��eo April 11, 2003 nc Via F iMile '? $ -1 S 9 anQ it Clu�a 1NA' Joseph D.Saurirw,Esquire mcus Ma ,Ertica,Emmer&Brooks,P.C. 45 Braintree Hill Office Park, Ste. 107 Braintree,MA 02184 Re: Thomas and Doris DiOno 68 Femview Avenue.#2, No. Andover,MA Ddar Mr, Saurino: In rasp°nso to your fax corioapondcnc to f today in 4iuch you eu ar ialWytuty ccfit lients' prlealises to cTitzgc Green folks" be provided with an opportunity yet once a 8 view the water seepage and problem that continuts to persist,please be advised and on notice chef•"the wat r glr Grcen folks"have had more than sufficient=d ample oppotttmity to view surd ill address the existing problem. Your client should have long ago retained all expert and problem i l it tte field of water penetration repair instead of attempting to try to fix:his serious probblem oil their own. If your client is seriously ip,tarerepairing tE�in both sv�o���thecause hould imtnebiately hire an ceapoge and penetration problems an ep 8 p aforesaid-,vater ptuetration specialist. In such case my clients would be most.Willing to allow the specialist into their url t to repair this long sttmdir►g problem once and for all. please advise. Vw,-y truly yours, LAW OFFICES Or 0HEWr C. AUTIERI rte- 06 Cc: Thomas and Dori:DiOrio 00 39Vd a3IJIS83AIQ 0000000000 51110 b661/£0/T0 :,1 li, :u1�J ld'lo tti.t owuu ---- MARCUS, ERRICO; E1*MER & BROOKS, P•C- Attorneys At Law FACSIMILE TRANSr1ITTAL 811EE;T (AC N.: TO- Joe Saurino Am. Robert C.Audesi J CATs: COHVANY. 4/11/03 1.4W Off cel of Robert C Audra rO:nl N0.OF PA:%SS INU JOIKG COVER: fAx NUImm. 1 (978) 686-6960 ►HONE Numblik SgtIDER'c R�P6atENC6 NUMlBA YOUR"FDRON(: 8.� B%ul.mcr_ Heritage Grccz/Di06o C]CJRGFN ❑POR REVIEW I'LEn:C COtdMF,37 0 PLL -RCPLY O PLEASE 9 YtLC NOTES/CO M I-(EN'rS Bob. I rcc&ed your fax. Accard4y,I've non5ed the HeatW Green 12AMIArnent that the DiOaos will Lot crake their Ludt a'Ilsble comoacw as we lwd hoped Consequently,they Will not mm=available at the site duIW8 the expected heavf rales. Joe S„moo ++• NOTICE OF CONFIDENTIALITY •"• THIS TRANSMITTAL. IS INTENDED FOR THE ADDlkESSEE(S) LISTED ABOVE AND MAY CCNTAIN INFORMATION THAT IS CONFIDENTIAL AND PRIVILEGED. IF YOU AItE 140T THE .ADDRESSEE(S), ANY USI<, DISCLOSURE, COPYING OR CO`fMU, ICATION OF THE CONTENTS OF THIS TRAL;SMI5SI0T` IS PROHIBITED. IF THIS MESSAGE IS RECEIVED IN ERROK, PLEASE TELEPHONE t;S 1:4MEDIATELY ;COLLECT IF NECESSARY). IF YOU HAVE .kh'Y QUESTIONS OR PROBLESiS, PLEA5E CAL:. (731) 803•S000 15 CRAIN'iARB ?HILL OFFICE PANIC, SUITE 101 IsjAINTKBE, MA 01104 (1!') 6A)-S000 (151) s5,%JSIO PAX 90 39dd (13IJIS83AI(I 0000000000 91:10 0661/£0/10 0 li .{ 1. (iluJ L{1' 10 rA. /OI JJV•+��� "- w ! MARCUS, ERRYCO, EMMER & BROOKS, P.C. Attorneys At Law PACSIMILE TEtANSMITTAL SHEET T0: oxen Sodcin ,doe Saurino r.Aro: COWANY' 4/11/03 DiwjOtd Funding,Iffc. TOTAL NO OF PAGES'WI.up!lV(.;COVER: DAx NL'bOER (978) 69S-0521 a 1JONS SUMeR. ser/ppn s Ka�e►tavcE vuM�i►A • 1'OURREiE11fNGaNus�B� RE Hetitrage Greco/DiOxio — Cl URCEN" Cl FOIL RENEW O PLEASE COWN"I- 0 PLEASE RBnLY 0 PLEASE RECYCLE NoTES/CoKAENT' Hi Karen! Enclosed for goes 6k ue copies of the various corscypoudence to;Ecom Aad• Autitu cagarling access w the unit tomorrow. Bottom line—doo't make plans to get into the unit aemomur. Have a gmt weeltead! ds Regsc , JoeS2u6no �r• NOTICE OF CotiFIDENTIALITY '+" THIS TRANSMITTAL IS I,yTF_.NDFD FOR THE AI)DR1=.SSEE(S) LISTED ABOVE AND MAY CONTAIN INFORMATION THAT IS CONFIDENTIAL AtiD PRIVILEGED. IF YOU ARI• NOT THE ADDRESSEE(S), ANY JSE, DISCLOSURE, COPYING OR comm JNIGAVON OF THE CONTENTS OF THIS TR.,%NSh13SS10N I5 rROH131 ED. IF THIS MESSAGE IS RECC,.IVED IN ERROR, 'PLEASE TELEPHONE`�UStIMMEDI ATELY OR (COLL ET ECT IF N'ECESSARY). IF YOU HA AN2 Y PLEASE CALL (781) 849.5000. .s BRAIN7xriC 1y n,r, brrlcd PARK. Yu11C +07 6RMNTREE, .MA 0210A (7111 1.3 5009 (7e7) 1+2.1519 rAk 90 39Vd (13IJISd3AIa 0000000000 91:10 066i/£0/i0 . �• 1J �UVJ 15:JU C,1.1 OIJJUJIJ= •�� '• MUM BROOKS, P.C. April 14.2003 attorneys At Law Robert C. Autieri,Esq. Law Offices of Robert C. Autieri,Esq• i 9ce��ie Hill office park 3r�7ac.maindosetu0218° Willows Professional Park r:lcob�,nd(--al)643.5000 611 Turnpike Street Fu style(781)143.1529 North Andover,NLA 01845 :•iudl j,=in0@M"b•C0M acl>ita www.aaeeb•com rnv vantee lover Re: iOri I V eC Atorsoo`0 Itic2mc E.Brooks Dcar Attomey Autien: \,':Uara Desear se-1 Ervuet v.OCY&IAS Erne-t This is to clarify a number of issues. 51cohsn M.Martie Tho.W D.Moriarty•t )u'-cy C.Turk First. our clients' request to observe whatever water intrusion remains at e IDiOrios' unit this past weekend, if any,seemed entirely logical and was 1::jT.uc3 A.Alicack offered as a further good faith attempt to identify the same. After all,our Ila rick 1tivlc BI. raneow clients want nothing better than to resolve this is5ae ora and for all to the al;wr•L Tarbes extent that it has not already been resolved. And,there seemed to be 10 banter lil.su,,li.ea Joyce t time to observe the conditions titrst-lurid during heavy rants. Our clients Were, loin D.;Cd3b i planning to have a wa,Wrprooftng contractor pfesent if At all possible sulith ti KcM*dy in fact,p g Iitn:M,mcBride t given the short notice. Mu)'Lou Muotead -Y aids:Quijaao Jo;eph D.Ssurito Second,the more recent claim of continuing water intrusion came 8S a surprise .Vv E.Shaffer' to our clients. Heritage Oreen's maintenance supervisor accompanied the Act D'' s's 7roy`f Insurance Co.representative to the DiOrios' unit very recently. At that time, no farther water damage was Observed. And, (undersand that the DiOrios ^'w� 'es'iacr never mentioned anything about continuing damage/watot intrusion. J a alli.sd is NY adri.1•o i.No Nonetheless,our clients' paramount interest remains focused ort resolving the :.:Uo nlfti:,.d!a r< .,Iso L:bjEcd afu alleged continuing water intrusion issue to the extent possible. With this in mind,please lct rue know several dates/times when your clients w111 make their unit available for a waterpmoting connector to inspect the same. In turn,LT 3or ,-(617)367-0006 forward the same to our clients who will coordinate one mutually convenient i,ro&&14-(413)776-9500 tune. a•crsh,• 008)193 3120 Xav Ktcipjhi,a•(6M)191.2006 Uc4c;''°"c"(oo1)ast 231 finally, l understand that Heritage Green's insurance adjustors are,still waiting Iii- for information from your clietlu(i,e.,proof of their dam es inasmuch as 19 that you could do to expedite the same would be appreciated, Heritage Green is anxious to close out the insurance claim. L0 39Cd (DIdISd3/1IQ 0000000000 ST:10 b661/E0/10 Robert C.Autieri, Esq. April 14,2003 P age Two Please do not hesit8te to contact me for any reason whatsoever, mil yours seph D aurino 1 DS/dbm SNCL; 80 39Vd UIdIS83AM 0000000000 91:10 0661/60/t0 F SENDER;,COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY W complete items 1,2,and 3.Also complete . ec ' ed by(Ple a Print Clearly) B. Date'of Delivery item 4 if Restricted Delivery is desired. to s ■ Print your name and address on the reverse so that we can return the card to you. Si ■ Attach this card to the back of the mailpiece, ;\ ❑Agent or on the front if space permits. 1 ❑.Addressee 1. Article Addressed to: Is delivery address different from item 1?�:O Yes f If YES,enter delivery address below: ❑ No ��V�,f S��►P(� TJ�.�J Ave- /J ^ 3. Service Type ''"p(Certified Mail El Express Mail ❑ Registered ❑ Return Receipt for Merchandise 0121110 11Insured Mail 11C.O.D. 4. Restricted Delivery?.(Extra Fee) ❑Yes 2. Article Number(Cop from service label) :-o6(`� �2 vo i D �;2 Lir 61) le S PS Form 3811,July 1999 Do;,�astic Return Re:;aipt 102595-00-M-0952 UNITED STATES POSTAL SERT'ne ff A P�Pa .&sF�-PaiSflPM ermit No G`i®' .r- 15 APR • Sender: Please prin address, � n 1s BOARD Of HEALTH 27 CHARLES STREET NORTH ANDOVER,MA 01845 .'Lj33f33fi��3f1f3.'.i�fa•Ff?3ffj!3 ,}.f3f1333if3, 3ififff�??? U.S.-Fbstal Service ;,,'CERTIFIED MAIL RECEIPT (Dotnestic Mail Only; U-) Article Sent To. -0 CD \V`f��'C \� vN �,j. r=1 Postage $ N2. 3vM Certified Fee E3 Return Receipt Fee ( Postmark ra (Endorsement Required) Here C3 Restricted Delivery Fee 0 (Endorsement Required) O Total Postage&Fees ru Xu Name PI se Print Clear T be co leted ) fTl ( � �)(� � �y mailer 1V\�f'� � iC vim/ �n) _________________________________________________ --------------------------------- -------- p^ Street,Apt.jVo.;�PO Box No. Ir b 7 5r A- -A',L 4,/ FL o ------------------------------------------------------------------------------------------------ City,stat zlP u ( ��� D2110 Certified Mail Provides: ■A mailing receipt ■A unique identifier for your mailpiece s A signature upon delivery ■A record of delivery kept by the Postal Service for two years Important Reminders: ■Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ■Certified Mail is not available for any class of international mail. e NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ■For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry. PS Form 3800,July 1999 (Reverse) 102595-99-M-1938 Town of North Andover �ORTFR Q ktt 4E° t6 q�� Office of the Health Department Community Development and Services Division 27 Charles Street North Andover Massachusetts 01845 ��Ss s gcµus 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: April 9, 2003 To Owner of Record: Property Location: Diversified Funding, Inc. Heritage Green Condominiums 63 Atlantic Avenue 68 Fernview Avenue,Apartment#2 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 March 31, 2003 in response to a complaint regarding housing code violations. 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. The inspection revealed 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 twenty-four (24) hours or submit a written contract for the necessary repairs within five (5) days. If the aforementioned deadline is not met, the North Andover Board of Health will levy a fine in accordance with 105 CMR 410.910 of the State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation in an amount up to $500 per day'. The fine will continue to accrue until the subject property is brought into compliance with this Order Letter. Each day or portion thereof during which the violation continues shall constitute a separate offense. 1 Failure 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(105 CMR 410.910) BOARD OF APPEALS 688-9541 BUILDING 688-9.545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 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# 7099 3220 0010 3241 6865 2 ORDER LETTER An authorized inspection of 68 Fernview Avenue, Apartment#2 was performed by Board of Health staff on March 31, 2003 at which time a violation of 105 CMR 410.000 Chapter II of the State Sanitary Code, Minimum Standards of Fitness for Human Habitation was found. If upon inspection, any dwelling is found unfit for human habitation and may endanger or impair the health, or safety and well-being of a person or persons occupying the premises in accordance with 105 CMR 410.750, then per 105 CMR 410.830(A)(B) the owner must make a good faith effort to correct the violation within twenty-four (24) hours and/or begin necessary repairs or submit a contract in writing with a third party within five (5) days for the correction of the violations. Failure to respond within the allotted time period may result in the Board of Health taking further action and the issuance of fines. VIOLATIONS OF 105 CMR 410.750(A-N) TO BE ADDRESSED WITHIN TWENTY- FOUR (24) HOURS or CONTRACT SUBMITTAL WITHIN FIVE (5) DAYS 1. The foundation wall adjacent to and behind the kitchen is not weather tight. There is excessive moisture and water seeping into the dwelling during rain events. The foundations sill plate is black with mold and mildew and is displaying signs of wood rot. "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). This violation is also a violation of 105 CMR 410.750(K) which states: "The following conditions, when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well- being of a person or persons occupying the premises. This listing is composed of those items which are deemed to always have the potential to endanger or materially impair the health or safety, and well-being of the occupants or the public... (K) Roof, foundation, or other structural defects that may expose the occupant or anyone else to fire, burns, shock, accident or other dangers or impairment to health or safety." 3 Please repair as needed to eliminate any additional moisture or insects from entering the dwelling or submit a written contract within five (5) days from a licensed contractor to assess and repair the dwelling needed to eliminate any additional moisture or insects from entering the dwelling. VIOLATION CORRECTED: DATE: 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(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 stated 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)) 4 PLEASE BE ADVISED 4. Please note that "reasonable notice" must be given to the occupants prior to entering the apartment for any repairs scheduled. The Health Department interprets the Code of Regulation phrase "reasonable notice" as twenty-four (24) hours prior to entrance of the apartment for any reason, including but not limited to, repair of violations. If reasonable notice is given to the occupants, it is their responsibility to be present at the time requested if they desire. "Every occupant of a dwelling, dwelling unit, or rooming unit shall give the owner thereof, or his agent or employees, upon reasonable notice, reasonable access, if possible by appointment, to the dwelling, dwelling unit, or rooming unit for the purpose of making such repairs or alterations as are necessary to effect compliance with the provisions of 105 CMR 410.000." (105 CMR 410.810). Please give the occupants reasonable notice prior to entering the apartment. 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, Brian J. LaGrasse Health Inspector CC: Sandra Starr, Public Health Director Occupant, 68 Fernview Ave., Apt. #2, North Andover, MA 01845 Karen Sorkin, Heritage Green Property Manager, 39 Farrwood Ave., Apt. #1, North Andover, MA 01845 Robert C. Autieri, Esq., Willows Professional Park, 811 Turnpike St.,North Andover, MA 01845 File 5 NORTH ANDOVER HEALTH DEPARTMENT 120 Main Street 0 North Andover, MA 01845 Telephone (508) 682-6483, Ext. 32 Complaint Investigation/inspection Report OWNER �� ADDRESq L 1/ ti- } AAA- 02110 DATE 143 Ole.r ° ILOA.M. _LJ SS h Qom@ r�n�� `(� Fe !'!J i A fi 2- F ( ofIV {� y 1.'0(. .� .r- i� --y)v.rn AJ t'S C POL!rt' tS tc ,,.j Ci !' -- 'e ____ INSPECTOR NORTH ANDOVER HEALTH DEPARTMENT 120 Main Street • North Andover, MA 01845 Telephone (508) 682-6483, Ext. 32 Complaint Investigation/Inspection Report OWNER LJ\J'e{S � c� �.n►�11n► �n+ ADDRESS � S A+IcAit_ Ave- ?5rk-a&1 AAA 02- 110 DATE 2,1103 VLr ' 11:60 A.M. (JA(QS 'J Prev:,,q Fe(N) t 1�2- A6er, MA OM 1 v 4- 1 � INSPECTOR LAW OFFICES OF COPY ROBERT C. AUTIERI, ESQ. WILLOWS PROFESSIONAL PARK 811 TURNPIKE STREET NORTH ANDOVER, MA 01 845 _ 1, �Pf01.7 t r.. TELEPHONE: (978) 681-0737 s'cl':-- FAX: (978) 686-6960 T EMAIL: rcalawl¢laol.com ��� s April 15, 2003 ��,a Sent Via Facsimile(781)843-1529 and First Class Mail Joseph D. Saurino, Esquire Marcus, Errico,Emmer&Brooks, P.C. 45 Braintree Hill Office Park, Ste. 107 Braintree, MA 02184 RE: Thomas and Doris DiOrio 68 Fernview Avenue, #2,North Andover, MA 01845 Dear Mr. Saurino: This letter is in response to your correspondence of April 14, 2003. First, please note that in your fax correspondence of April 11, 2003, concerning an opportunity for the"Heritage Green folks"to view my clients'premises over the weekend in light of the forecasted heavy rains, you never mentioned that your clients were planning to have a waterproofing contractor present "if at all possible". In-fact, my response correspondence to you dated April 11,2003,clearly indicated that,"The DiOrios would be most willing to make their unit available to competent professionals who are qualified to both properly evaluate and repair this long standing problem". Second, I am amazed at your comments that my clients' expressed concerns of continuing water intrusion "came as a surprise" to the Heritage Green Condominium Association and the management company. This has been a long standing continuing problem clearly detailed in letters to your attention dated February 25,2003,March 5,2003,and March 31,2003. You further state in your letter of April 14, 2003, "And, I understand that the DiOrios never mentioned anything about continuing damage/water intrusion"(emphasis added). I must respectfully inquire: Are you reading the correspondences I am sending to you? Third, you now request dates to have a"waterproofing contractor" inspect their premises. Please be advised that my clients will make their premises available for inspection on twenty-four (24) hour notice provided: (1) the premises is to be inspected by a qualified waterproofing contractor;(2)you provide this office within twenty-four(24)hours of the inspection with the name of the waterproofing contractor. Fourth, in regards to information or damages that Heritage Green insurance adjusters are awaiting, please note that my clients are compiling information and supporting documentation concerning their direct claim. However, as you well know,my clients and their three(3) children were forced to vacate their home due to dangerous levels of mold and poor air quality. They cannot move back into their home until all the water and mold-related damage is repaired and remediated. Their constructive eviction and relocation costs are of course a significant element of their damages. This aspect of the claim is a first party claim of which your client is responsible to finalize. What is the status of this claim? See my letters of March 31,2003,to Jeremy Henrichon of Vermont Mutual Insurance Company and David M. Crowley, Esquire, attorney for Vermont Mutual Insurance Company on the first party claim. Finally,on March 5,2003,and then again on March 31, 2003, I put you on formal notice as attorney for Diversified Funding, Inc. and as attorney for the Heritage Green Condominium Association of my clients'intention to pursue direct claims against both parties for property damage and personal injury. I further requested information on the relevant insurance coverage. To date, you have failed to provide this information. I am once again reasserting my request for relevant insurance information. As you know, failure to provide relevant insurance information concerning this matter is a violation of M.G.L. c. 93A. Please call me to if you wish to discuss this matter. Very truly yours, LAW OFFICES OF ROBERT C. AUTIERI be ie squ cc: Thomas and Doris DiOrio Brian J. LaGrasse,Health Inspector—Town of North Andover ' •i OFFICE COPY LAW OFFICES OF ROBERT C. AUTIERI, ESQ. WILLOWS PROFESSIONAL PARK 811 TURNPIKE STREET NORTH ANDOVER, MA 01 845 TELEPHONE: (978) 681-0737 FAX: (978) 686-6960 EMAIL: rcalawl @aol.com March 31, 2003 Sent Via Facsimile(508) 647-0552 and First Class Mai Jeremy Henrichon Claims Adjuster Vermont Mutual Insurance Group 209 West Canal Street, Suite 114 Natick,MA 01760 RE: My Clients: Thomas and Doris DiOrio Your Insured: Heritage Green Condominium Association Policy Number: BP 17 04 6140 Claim Number: BO-P 22137 Dear Mr. Henrichon: As a follow up to our telephone conversation of March 11, 2003,please note that to date, I am not aware of the issuance of a coverage letter from Vermont Mutual Insurance Company concerning the repair and remediation of the damaged building in which my clients' unit is located. Thirteen(13)weeks have now passed since a consultant from Vermont Mutual Insurance Company inspected my clients' premises, took photographs and took samples. In our conversation of March 11,2003,you asked me for a detailing of my clients' damages. As you know,my clients and their three(3) children were forced to vacate their home due to dangerous levels of mold and poor air quality. They cannot move into their home until all the water and mold-related damage is repaired and remediated. Thereby, each day that goes by as we wait on an insurance coverage letter from Vermont Mutual and subsequent repair increases my clients' damages. Any effort to contact Dick Delaney of Vermont Mutual to expedite the first party claim would be appreciated. Very truly yours, F R E TIER] Obert ', cc: Thomas and Doris DiOno OFFICE COPY LAW OFFICES OF i ROBERT C. AUTIERI, ESQ. WILLOWS PROFESSIONAL PARK 811 TURNPIKE STREET NORTH ANDOVER, MA 01 845 TELEPHONE: (978) 681-0737 FAX: (978) 686-6960 EMAIL: rcalawl0aol.com March 31, 2003 Sent Via Facsimile(617)241-9136 and First Class Mai David M. Crowley,Esquire Scannell &Crowley LLP 201 Main Street j Charlestown,MA 02129 RE: Thomas and Doris DiOrio 68 Fernview Avenue #2 North Andover MA 01845 Dear Mr. Crowley: Thirteen (13) weeks have now passed since a consultant from Vermont Mutual Insurance Company inspected my clients' premises, took photographs and took samples on December 31, 2002. When can we expect a coverage letter from Vermont Mutual Insurance Company? As you know from previous correspondences,my clients cannot move back into their home until the damage to their home,caused by water intrusion, seepage and mold is repaired. Thereby, each day that goes by,as we await an insurance coverage letter and subsequent repair,increases my clients' damages. The courtesy of a prompt response would be appreciated. Very truly yours, LAWOOF AUTIERI cc: Thomas and Doris DiOrio r LAW OFFICES OF copy � ROBERT C. AUTIERI, ESQ. WILLOWS PROFESSIONAL PARK 811 TURNPIKE STREET NORTH ANDOVER, MA 01 845 TELEPHONE: (978) 681-0737 FAX: (978) 686-6960 EMAIL: rcalawlneaol.com March 31, 2003 APR - 1 �M 8 Sent Via Facsimile(781)843-1529 and First Class Mail Joseph D. Saurino, Esquire Marcus, Emco, Emmer &Brooks, P.C. 45 Braintree Hill Office Park, Ste. 107 Braintree,MA 02184 RE: Thomas and Doris DiOrio 68 Femview Avenue, #2,North Andover,MA 01845 Dear Mr. Saurino: On March 5,2003,I put you on formal notice as attorney for Diversified Funding,Inc., and as attorney for the Heritage Green Condominium Association, of my clients' intention to pursue direct claims against both entities for property damage and personal injury. In said correspondence,I requested that you have the"appropriate insurance representative" for each entity contact me as soon as possible. To date, I have received no response from you or any insurer for either entity. Failure to provide relevant insurance information relative to this matter is a violation of M.G.L. c 93A, the Consumer Protection Act. I would appreciate a prompt response and one no later than April 4, 2003. Very truly yours, LAW OFFICES OF ROBERT C. AUTIERI ert peri, Esq e cc: Thomas and Doris DiOrio Brian J.LaGrasse,Health Inspector, Town of North Andover LAW OFFICES OF COPY ROBERT C. AUTIERI, ESQ. WILLOWS PROFESSIONAL PARK 811 TURNPIKE STREET NORTH ANDOVER, MA 01 845 TELEPHONE: (978) 681-0737 FAX: (978) 686-69.60 EMAIL: rCaarC Jlol.Mp Sent Via Facsimile(781) 843-1529 and First Class Mail Joseph D. Saurino, Esquire Marcus,Errico, Emmer&Brooks, P.C. 45 Braintree Hill Office Park, Ste. 107 Braintree,MA 02184 RE: Thomas and Doris DiOrio 68 Femview Avenue, #2,North Andover, MA 01845 Dear Mr. Saurino: I As you know this office represents Thomas and Doris DiOrio and their children relative to any and all property damage and personal injury that they have incurred and continue to incur as a result of water seepage/intrusion into their home at 68 Fernview Ave., #2, North Andover, Massachusetts and the related exposures to dangerous and unhealthy mold species, toxins and general overall poor air quality. This letter is once again to advise and inform you as attorney for Diversified Funding,Inc., and as attorney for Heritage Green Condominium Association, that my clients' home experienced water damage yet again as a result of the rainstorm over the weekend. As you know,I informed you in letters of February 25,2003,and then again on March 5,2003,that every time it rains,my clients' home is experiencing water intrusion, seepage, and damage. Despite said notice, Diversified Funding, Inc., and Heritage Green Condominium Association have failed to take any action to remedy this situation. Please be advised that my clients have documented by photograph and videotape the continuing water seepage and damage. THIS IS AN EMERGENCY SITUATION—PLEASE CONTACT ME AT ONCE. Very truly yours, LAW ROBERT C. AUTIERI obe en, squire cc: Thomas and Doris DiOrio Brian J. LaGrasse, Health Inspector—Town of North Andover S S LAW OFFICES OF >c ROBERT C. AUTIERI Pik WILLOWS PROFESSIONAL PARK 31 1•,.�r r . 811 TURNPIKE STREET NORTH ANDOVER, MA 01845 Mr. Brian J. LaGrasse, Health Inspector Health Department Town of North Andover 30 School Street North Andover, MA 01945 �^�����f'�+'=��1-� - 1�1?3i3?i��lil?fi$33fff3143i1ii4 i11??ili ll�?i4ii��?I�33?31?3?� LAW OFFICES OF ROBERT C. AUTIERI, ESQ. i WILLOWS PROFESSIONAL PARK W I 20 O 811 TURNPIKE STREET NORTH ANDOVER, MA 01 845 - TELEPHONE: (978) 681-0737 ' FAX: (978) 686-69.60 EMAIL: rcalawl@aol.com March 5, 2003 Sent Via Facsimile(781) 843-1529 and First Class Mail Joseph D. Saurino, Esquire Marcus, Errico, Emmer&Brooks,P.C. 45 Braintree Hill Office Park, Ste. 107 Braintree, MA 02184 Re: Thomas and Doris DiOrio 68 Fernview Avenue, #2,No. Andover, MA Dear Mr. Saurino: I have received no response from your office to my fax of February 27, 2003 relative to the inspection and repair of my client's home by the Condominium Association and/or the Management Company. Since February 27, 2003,my clients' home has incurred additional water intrusion and damage as a result of the severe rainstorm on Sunday, March 2, 2003. As noted in my letter of February 25, 2003 to your attention, whatever efforts Diversified Funding, Inc. undertook as the Management Company to remedy and/or stop water seepage and intrusion was not effective. Thus, essentially every time it rains,my clients' home is experiencing water intrusion and damage. Please be advised that my clients have documented by photograph and videotape the continuing water seepage and damage. THIS IS AN EMERGENCY SITUATION—PLEASE CONTACT ME AT ONCE. Very truly yours, LAW OFFICES OF ROBERT C. AUTIERI 1— 0 - Robert C. Autieri, Esquire Cc: Thomas and Doris DiOrio / Brian J. LaGrasse, Health Inspector—Town of North Andover ✓ LAW OFFICES OF ROBERT C. AUTIERI, ESQ. WILLOWS PROFESSIONAL PARK 811 TURNPIKE STREET MAR 10 MW NORTH ANDOVER, MA 01845 1h7 TELEPHONE: (978) 681-0737 FAX: (978) 686-6960 EMAIL: rcalawl @aol.com March 5, 2003 Sent Via Facsimile(781) 843-1529 and First Class Mail Joseph D. Saurino, Esquire Marcus, Errico, Emmer&Brooks, P.C. 45 Braintree Hill Office Park, Ste. 107 Braintree, MA 02184 Re: Thomas and Doris DiOrio 68 Fernview Avenue, #2,No. Andover, MA Dear Mr. Saurino: As you know this office represents.Thomas and Doris DiOrio and their children relative to any and all property damage and personal injury that they have incurred and continue to incur as a result of water seepage/intrusion into their home at 68 Fernview Ave,#2,North Andover, Massachusetts and the related exposures to dangerous and unhealthy mold species, toxins and general overall poor air quality. This letter is to put you on formal notice as attorney for Diversified Funding, Inc. as Management Company and as attorney the Heritage Green Condominium Association, that my clients intend to pursue claims against both entities for property damage and personal injury. Please have the appropriate insurance representative(s) for the above-referenced entities contact me as soon as possible. Very truly yours, LAW OFFICES OF ROBERT C. AUTIERI 'C. C. cu� �C/ Q Robert C. Autieri, Esquire Cc: Thomas and Doris DiOrio Brian J. LaGrasse, Health Inspector—Town of North Andover✓ 02/27/1994 07:56 0000000000 DIVERSIFIED PAGE 02 DATE: FEBRUARY 27, 2003 TO: BRIAN LAGRASSE— NORTH ANDOVER BOARD OF HEALTH FROM: KAREN SORKIN, PROPERTY MANAGER HERITAGE GREEN CONDOMINIUM RE: UPDATE ON 68 FERNVIEW WATER/ALLEGED MOLD ISSUES CC: JOSEPH SAURINO—MARCUS, GOODMAN, EMMER & BROOKS I would like to take this opportunity to bring you up to speed regarding the current status of this matter. Vermont Mutual has had their engineer out to the site, but I have not as yet received a copy of the engineering report. Again, I have made every effort to move this process along. As you know, we had temporarily sealed the alleged source of the water seepage, and it seemed to be successful. The Association's maintenance staff has examined the work that was previously done, and is attempting to try and rectify any remaining problems that may exist. The weather has made it difficult for us to do this up until now, as you know. But,Attorney Saurino received a fax on Tuesday of this week from the Diorio's attorney, advising our attorney that more water had allegedly seeped into the unit last weekend. Atty. Saurino sent a reply fax back to Atty. Autieri immediately, requesting that the DiOrios make their unit available for inspection/repair as soon as possible. We just received a fax back from Atty. Autied today indicating that the DiOrios will make the unit accessible to our staff late in the afternoon with at least 24 hours advance notice. Please be assured that the Association will make the necessary unit access arrangements ASAP to attempt to both identify and, if poss6le, to correct the source of any new water intrusion into the unit. I will keep you informed accordingly. The Association's maintenance staff has examined the work that was previously done, and is attempting to try and rectify any remaining problems that may exist. The weather has made it difficult for us to do this up until now, as you know. If you have any questions, please feel free to contact me at 978-685-4434. 02/27/1994 07:56 0000000000 DIVERSIFIED PAGE 01 FAX MESSAGE Diversified Funding Inc. Heritage Green Condominium 63 Atlantic Avenue 39 Farrwood Avenue, Unit #1 Boston, Massachusetts 02110 North Andover, Massachusetts 01845 DATE: TO: — I�A &�J, 1344 DEPARTMENT: FAX PHONE NUMBER: 6 609, �S¢ FROM: ,KAREN �SpORKIN PROPERTY MANAGER 'f SUBJECT: 6d -F #OF PAGES (INCLUDING THIS COVER SHEET) - MESSAGE: S, we� ,ops k LIJl UL'>t., e.e� �. t44 a.pp+. IF YOU DO NOT RECEIVE ALL PAGES, PLEASE CALL BACK IMMEDIATELY. TELEPHONE: 978-685-4434 FAX: 978-685-0521 LAW OFFICES OF ROBERT C. AUTIERI, ESQ. WILLOWS PROFESSIONAL PARK r- - 811 TURNPIKE STREET NORTH ANDOVER, MA 01 845 FM 2 6 2M TELEPHONE: (978) 681-0737 FAX: (978) 686-6960 EMAIL: rcalawl Caol.com February 25, 2003 Sent Via Facsimile (781) 843-1529 and First Class Mail Joseph D. Saurino, Esquire Marcus, Errico, Emmer& Brooks, P.C. 45 Braintree Hill Office Park, Ste. 107 Braintree, MA 02184 Re: Thomas and Doris DiOrio 68 Fernview Avenue, #2, No. Andover, MA Dear Mr. Saurino: Relative to my client's property at 68 Fernview Ave., #2, Heritage Green Condominium, I have been advised that they have once again suffered extensive water seepage into their unit as a result of last weekend's heavy rainstorms. Apparently whatever efforts Diversified Funding Inc. undertook as the Management Company to remedy and/or stop water seepage and leakage was not effective. As I am sure you know, continued water seepage into my clients' unit creates ongoing health problems and property damage issues for my client. Further, I am sure you can appreciate, continued water seepage into the building jeopardizes the structural integrity of the entire building in which my clients' unit is located. Please contact your client to immediately address this ongoing safety and health issue. Very truly yours, OBE T C. AUTIERI R seri, squire Cc: Thomas and Doris DiOrio Brian J. LaGrasse, Health Inspector—Town of North Andover LAW OFFICES OF ROBERT C. AUTIERI, ESQ. WILLOWS PROFESSIONAL PARK _ 811 TURNPIKE STREET NORTH ANDOVER, MA 01 845 TELEPHONE: (978) 681-0737 6 2M FAX: (978) 686-6960 fvlV EMAIL: rcalawl @aol.com January 15, 2003 Via Facsimile and First Class Mail Thomas O. Moriarty, Esquire Marcus, Errico, Emmer & Brooks, P.C. 45 Braintree Hill Office Park, Suite 107 Braintree, MA 02184 Re: Thomas and Doris DiOrio, 68 Fernview Ave., #2, No. Andover, MA 01845 Dear Mr. Moriarty: I have received no response to my letter of January 13, 2003 relative to the above-noted matter. Please be advised that my client and their children have vacated their home due to the existing dangerous condition of the premises including the continuing growth of dangerous mold species including aspergillus, penicillium and cladosporium identified by professional testing conducted by a mycologist. My clients intend to pursue full compensation for all costs and expenses they incur as a result of their forced move and constructive eviction from their home. It is my understanding that Trust & Vermont Mutual Insurance Company holds the relevant insurance policy concerning this matter. Please forward to my attention immediately: 1) name, address, and telephone number of the claim adjuster handling this matter; 2) claim number if assigned; 3) copies of relevant insurance policy with coverage selection sheet. This matter is a serious situation resulting in significant property damage and serious personal injury. The immediate attention of your office, the Heritage Green Condominium Association and the insurer is required. Please contact me. Very truly yours, LA UTIERI Robert C. e cc: Thomas and Doris DiOrio Brian J. LaGrasse, Health Inspector, Town of North Andover 01/22/03 11:22 FAX 19785357531 EAU-WEST MORTGAGE 10 001 t P.a.ody,...a.U19UD In....11ift Aw ■-,2x Wil 41111plill" _ To: 1"�(i rl 1n From: c \1.I >r:r\ r Fax: Paces: •�j n��/ni, nn i, .,a:nn, rOQrll�,hQP--f— V 7CJ u bate, r � `J u urgent 13 For Ravlow U Please Comment O Please Reply ❑Please Recycle Cw• 074 54G 7G94 Dhnnn;0712-636 a-2nn t s Goal 0 Table i.: D4icro'oic)lol;ical re.;ults from air samples. CFU/rn:3 cnIcny formini,uni1�s tvlyc�€o,�y per cubic:tx�et�r of ijil. UnE:CFU is equivalent to one m�lcl spore I�r'bacterial c:;ll. cliG<�borator�i, Jnr, N c W telephonc:MNJ'42-ar;4 Q a Air Saiml;(e A-i. 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One.CFLI i.;equi���aler►t to one mold spore or Ncterial col I. p Telepkone_W3-W2-9954 a . f1 Air Sample A-S Air Sam pte A-6 Babys B3droom Fron entrlW<►y-,Dul:sicicof ca•ndorr�iniium Organism A,djosted CFU/m3 A,djusti!d C>FUJm' Identifiable inpLd Alternlanasp, ---.. _ .__—_ ---- ----- --- Aspergillus flaw:; — oJ Asperollus ftunigatus -_ — _ 11. ►er_llus glaucus Asper#lus n4;er- --- a o 4spergilhis sp.-- - — 4u:reolaa:;idinm pull - _--- --- - — ---- --- - -- _- _-_ -- ---- w :Bipolaris sp. :Bol:rytis:sp. 4�haetomiuin sp. w d�ladosporiirm sp. ly 7 ►;ucvularia sp. --- --- Hpico.cum sp.--. .. _--_ .---.. - - -- ---- - JPonsecae:a - 1Fit;�riitini h n luiucoir/R'hiopus sp ....- ----- -- . .— —. _----- ---- C; 1Pamilowyces;;p. !Penicillium sp. 1, ti m �, :Phoma sp. y`porothrix sp. m Stachybalrys sp-- ----- -- --- -- --- —----- Olt rri.-hodermasp. -- ,_; Tri-.hc►p}iytan:>p. IUlaclaidii-►m sp. m _.....---- -- --- - -.. .--- ---- --- ----- -- - o N IBecte►ia 70.2 .36.1 m1.Vgn9-sMrin�>� _ 11.7 23.4 Cq. cv -- -- —_—_._.-- -- Eg st _ 35.1 7 7 - I 'O'fA1�S; ii� 8:: i r,�ordorn Table j: biicrobicilogical :-esuhs from airsamlAes.{"FU/m;; = colony forming units Mycolo04y per cubic. ureter .of:iir. One C13U is equivalent to one mold spore orlmeterial Cell_ m p W ledophoae:M3-742-a)54 a Wall Cavity for Sample 'bWa11 Cavity Ai:-Sample. Wall Cavity Adr.Sampte Nall Cavity Air Sample W-i W-2 AV-3 W-I [Kil:chen wall cavity left of (Hallway•:)athmorn wall Master bedroom vraUl cavit e Maing room wall cavity-no stove cavity ba.hind shower next to bathmom tionr known water damage Orgsiniisu:i Adjt�sted CFU/rn' Adjusted CFUjIm:' Adjusted CFU/re — Adjusted CFU/m' -------- Alternaria.sp`--- ------- --- ---- - _ --- Aspergillus flavus --- Aspergilhisfiumi item w Asperglllusglaucus -- g Aspergillus n.ige=r- -- --- -=3.4- .-- - -- --- - — a Asp4,rgillus sp_---- 142'7 --- 58.5 5:32.2 Aureobasidlum pullulans -------------- ------ - r'+ V` Hi olarls,;Ip. -- - -_----- — Bohytis sp. Chaetomiam sp. -------- -- --_. ._- _--- w Claenslpoiium sp. ;35A Epimrnwri sp. ---- Foimmeaea sp. Ausarhim sp., Ln h[ucar Rtiiur uss ;351 ---.- -_._---^ • N Paeallomyms sp. Penicillium sp. --- 1,073.7 ... .___.__ L06.4 2.3.41 00 Phoma sp. spnrothri:c spm---- 35.1 w d Stachybotrys sp.- --- Trichoderma sp. Trichoph)ton sp. Ulo(Jadium sp. --- -----..._....- — 506-4 N a Non-sS�QLr.pSfujaa�l 35.L �' -- IO AILS:`-- --- I Ta 1310 2: res,ul-tsfrommm-face samples. vozlc CTIJ cotony forming units.T.VI C = too numerious to count. Mycology in Iatommory,I in.; m O QSwa'�Sanehl-e S-1 Swab Sample:S-2 Swab Sample:S•-a SwabSamplE:S-4 a w • —•+�•••�ww .. �ww.�w.�www .�rr�wwww—r�rr Master bathroom rotted Masher baithroo:m Master baihroa:n Kitchen rotting sill wood wood in shower walllboard msulatilon and sates in front of t-ail.et � rww�www..�.wwwwwww.rwwww .r�.wwww�.www i.—www�,�-- >,wwww . ww . Oirganisin CFU/inch' J 2 CFL' inch CFti' incFl �/ CiF(//ir�ch2 i wwwwwwww.�ww www. .wr. wwww w .�ww�rw �ww .swwiwwwww wa. iw.i� l �.ow Identifiable mold .A',tern2.rial sf►_--`- - ------ -_..---- ----------- --- ----___._-•----- - --- -- -------- AT ; lllu�s flavus � A:�_r�illu s futr.���tu s --- --- --- _-_. - --------•- - .-_.- ------- ---•---- ------- Aag�rgillus3taucus - -- - - -- -------- -- -- - -- -- -- - ------- 1L) Ampe:rg�,)Ius Eager Hz A:�e�.11us sem--- -_ ..-�- _.. ----- ----- --- - -----• I3o--- --- - __ 't'3�tTc; a Aureobasidiei_mpullitlar►s Bi e o la ris gig. -_----- ---- ---- -- , -_-- -- -- -- --- -- --------- -Botritissp. -- ------ ---- - - -- __ - ---- Chaetomium sP--_ - --- -- -----._- -- -- -- --- -- -- - ------------ Chdasforium sQ. = 5a.------ - ----- Epicoccuxct sl►. ,--- --- -- .-_-- ----- --•- -- ----_-..-_ -- ----- -----•--- - .-__-...-- -- --. , Mucr1Rhizo�us sh`-- TN'IY; -------•---- "' � Paecilorn ►yes_sp - - --__-- ----•-- --. -_._-__-.-- - ----- - ' n'.� . - -- --- - -- -- - __ -- -- ---- -. Peniciliinm sp. ----ic►o -... .._...__---•----_. ..-__-.----- _--._._.-_ -_ 400 Phoma tri'.----- 4 Sa�tia do pi's s P. -.__.__... Ulocladiw SJ). 13aete:ria -- �j 1 loon orir. fun -- --- -.__..__ ----..---.-_---- ILO [W TNTC TOTALS- 7'1V'I'('; 7N'rC --- TNTC-- - - +dwwwr. .ww.� ww� rwwiw. r Town of North Andover q Office of the Health Department Community Development and Services Division = 27 Charles Street North Andover,Massachusetts 01845 'sa„CN„s Sandra Starr Telephone(978)688-9540 Public Health Director Fax(978)688-542 Letter Of Compliance DATE: January 23,2003 TO OWNER OF RECORD PROPERTY LOCATION Diversified Funding, Inc. Heritage Green Condominiums 63 Atlantic Avenue 68 Fernviw Avenue, Apartment#2 Boston, MA 02110 No.Andover,MA 01845 A Health Department ORDER LETTER dated January 15,2003 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 has found that all of the violations noted on the Order Letter have been temporarily corrected. The Health Department would like to revisit this issue in the spring to determine if there is an ongoing problem or a more permanent solution. A copy of this letter is being sent to the person(s)who made the complaint. If the complainant has any questions or comments concerning this determination of compliance,the Board of Health must be contacted within ten(10)days of the receipt of this letter. Since , rely, r B an .LaGrasse i Health Inspector Cc: Occupants, 68 Fernview Avenue,Apartment#2, N.Andover, MA 01845 File BOARD OF APPEALS 688-9541 BUR.DING 688-9545 CONSERVATION 688-9530 HEALTH 689-9540 PLANNING 688-9535 a U.S.Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurince Co�erage Provided) Article Sent To: Mco Postage $ 3 T /��/s�j � lid M R1 Certified Fee ` `— p Return Receipt Fee Postmark ., Here � (Endorsement Required) � Restricted Delivery Fee (Endorsement Required) C3 Total Postage&Fees $ I'Ll ` 1 u Na�;�{Please Prlgt learly (To b completed by mailer) M f S� C�l — � �^� ---------------------------- IT' Street,Apt.No.;or PO Box No. Ir E3 low c, ''-L----- C y,StMa,ZIP+ - fin 1t Certified Mail Provides: ■A mailing receipt ■A unique identifier for your mailpiece e A signature upon delivery s A record of delivery kept by the Postal Service for two years Important Reminders: ■Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ■Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ■For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and preset it when making an inquiry. PS Form 3800,July 1999 (Reverse) 102595-99-M-1938 SECTIONSENDER: COMPLETE THIS SECTION COMPLETE THIS DELIVERY ■ Complete items 1,2,and 3.Also complete A. ceiv b7(p/ as rint Clearly) B. Date of Delivery item"4 if Restricted Delivery is desired. ■ Print your name and address on the reverse ` so that we can return the card to you. C. Signatur ■ Attach this card to the back of the mailpiece, X / ❑Agent or on the front if space permits. C3Addressee D. delivery address different from item 1? 11 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No D,Ve. 144eA �r-jUN ;T,vL S A-0C^-jVtC Ave, 3. Service Type � UG Certified Mail ❑ Express Mail iiiJJJ JJ V v 1 Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article um a (Copy from service label) o3 2Z0 00k0 3241 V654 PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 UNITED STATES POSTAL SER --- —7� F_mst-.QLass Mail pN - I MA Po_stqge_VTGUs-Paid \ uspS' H7 'Permit No-G-10 • Sender: Please'Nprkn your n�me, address,-and ZIP+4�jn thi§bLox_#_- BOARD OF HEALTH 27 CHARLES STREET NORTH ANDOVER,MA 01845 �k Town of North Andover o� NORTF{ ! Office of the Health Department -C"00 r ,e ., a Community Development and Services Division * _ 27 Charles Street *'Jf�4Dw+reo ode x North Andover,Massachusetts 01845 CHU`�Et 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: January 15,2003 To Owner of Record: Property Location: Diversified Funding,Inc. Heritage Green Condominiums 63 Atlantic Avenue 68 Fernview Avenue,Apartment#2 . Boston,MA 021.10 North Andover,MA 01845 North Andover Health Department personnel made a second authorized inspection of your property at the above referenced address on January 15,2003 in regard to a housing code violations noted in the previous Order Letter dated December 6,2002(copy attached). The inspection revealed the violations of the State Sanitary Code,Chapter II,as stated in the first Order Letter dated December 6,2002 have not been corrected. You are hereby ORDERED to correct the violations by no later than January 20,2003. If the aforementioned deadline is not met,the North Andover Board of Health will levy a fine in accordance with 105 CMR 410.910 of the State Sanitary Code,Chapter II,Minimum Standards of Fitness for Human Habitation in the amount of$500 per day'retroactively dating back to the original deadline of December 11,2002. The fine will continue to accrue until the subject property is brought into compliance with this Order Letter. Each day or portion thereof during which the violation continues shall constitute a separate offense. Certified Mail# 7099 3220 0010 32416834 'Failure 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 (105 CMR 410.910) BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 t ORDER LETTER An authorized inspection of 68 Fernview Avenue,Apartment#2 was performed by Board of Health staff on December 2,2002 and January 15,2003 at which time violations of 105 CMR 410.000 Chapter II of the State Sanitary Code,Minimum Standards of Fitness for Human Habitation were found. If upon inspection,any dwelling is found unfit for human habitation and may endanger or impair the health,or safety and well-being of a person or persons occupying the premises in accordance with 105 CMR 410.750,then per 105 CMR 410.830(A)(B) the owner must make a good faith effort to correct the violation within twenty-four(24)hours and/or begin necessary repairs or 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 1. The foundation wall adjacent to and behind the kitchen and second bathroom is not weather tight and appears to have a chronic dampness problem. There are cracks in the foundation and excessive gaps between the concrete foundation and brick walls, allowing the entrance of water,moisture and insects. Around the spigot is also not sealed properly. There is an exceptional gap between the pipe exiting the building and exterior brick,revealing insulation to the elements and allowing the entrance of moisture and insects. "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 and seal these gaps and cracks with hydraulic cement or an appropriate and permanent sealer as to eliminate any additional moisture or insects from entering the dwelling. Please note that this also constitutes a violation of 105 CMR 410.750(K)which states that this condition, "when found to exist in residential premises,shall be deemed conditions which may endanger or impair the health, or safety and well-being of an occupant or the public...(K) Roof,foundation,or other structural defects that may expose the occupant or anyone to fire, burns,shock,accident or other dangers or impairment to health or safety. VIOLATION CORRECTED: DATE: U t ;Sincerell rian J. LaGrasse Health Inspector CC: Sandra Starr,Public Health Director Board of Health Occupant,68 Fernview Avenue,Apartment#2 Karen Sorkin,Heritage Green Property Manager,39 Farrwood Avenue,Apartment #1, North Andover,MA 01845 File Town of North Andover t%ORTty Office of the Health Department Community Development and Services Division 27 Charles Street North Andover,Massachusetts 01845 cus 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 11,Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: December 6,2002 To Owner of Record: Property Location: Diversified Funding,Inc. Heritage Green Condominiums 63 Atlantic Avenue 68 Fernview Avenue,Apartment#2 Boston,MA 02,110 North Andover,MA 01845 An authorized inspection was made of your property at the above referenced address by North Andover Health Department personnel on December 2,2002 in response to a complaint regarding housing code violations. 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. The inspection revealed violations of the State Sanitary Code,Chapter 11,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. Certified Mail# 7099 3220 0010 3241 6810 BOARD OF APPEALS 688-9541 BUILDING688-9545 CONSERVATION 688-9530 BEALTH 688-9540 PLANNING 688-9535 ORDER LETTER An authorized inspection of 68 Fernview Avenue,Apartment#2 was performed by Board of Health staff on December 2,2002 at which time violations of 105 CMR 410.000 Chapter R 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 1. The foundation wall adjacent to and behind the kitchen and second bathroom is not weather tight. There are cracks in the foundation and excessive gaps between the concrete foundation and brick walls,allowing the entrance of water,moisture and insects. Around the spigot is also not sealed properly. There is an exceptional gap between the pipe exiting the building and exterior brick,revealing insulation to the elements and allowing the entrance of moisture and insects. "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 and seal these gaps and cracks with hydraulic cement as to eliminate any additional moisture or insects from entering the dwelling. VIOLATION CORRECTED: DATE: P . Sem f-v,•-,L..�.o�+ . Ve_ UeeelS +0 'get �� � met- QNt� SAN ��� �� hJafl; > X t W,1� � gefi 5Q.,4� c, Sincerely, ' �r\+r`^� Y...--.:� p a- 5� h �a 5 ss�s>eA Krrian J. LaGrasse Health Inspector V. ^5�s.L.�'��d<J TLv �\c W, �. J•.9 �`a� N� �2Ey— �, �� { CC: Sandra Starr,Public Health Director Board of Health Occupant, 68 Fernview Avenue,Apartment#2 Karen Sorkin,Heritage Green Property Manager,39 Fanwood Avenue,Apartment #1, North Andover,MA 01845 File NORTH ANDOVER HEALTH`DEPARTMENT 120 Main Street w North Andover, MA 01845 Telephone (508) 682-6483, Ext. 32 Housincl Inspection Report COMPLAINT# COMPLAINANT ADDRESS OF PREMISES (V /N1 V t+t, OCCUPANT Sh • r OWNER Ct!/J(,) -)'�A OWNER'S ADDRESS l' W • `�-crw/ DATE OF INSPECTION t 2 Z HOUR �© ROOMS/VIOLATION: vvkl I Q if An 5, 1 .� 1�,., _� ale C. ✓� ,� . roL I h!E ,,,,,,� i ej t IR-1 Action Press 685.700o INSPECTOR r LAW OFFICES OF ROBERT C. AUTIERI, ESQ. WILLOWS PROFESSIONAL PARK 811 TURNPIKE STREET NORTH ANDOVER, MA 01 845 TELEPHONE: (978) 681-0737 ry ry FAX: (978) 686-6960 JAN 2L W EMAIL: rcalawl@?aol.com January 21, 2003 Via Facsimile (781)893-1529 and First Class Mail Thomas 0. Moriarty, Esquire Marcus, Errico, Emmer & Brooks, P.C. 45 Braintree Hill Office Park, Suite 107 Braintree, MA 02184 Re: Thomas and Doris DiOrio, 68 Fernview Ave., #2, No. Andover, MA 01845 Dear Mr. Moriarty: Relative to the above-noted matter, please note as follows: 1. Your attention is called to the attached Order Letter from the North Andover Board of Health dated January 15, 2003. As you will note the Board of Health has cited the Management Company and the Condominium Association for its continuing violation of the State Sanitary Code as relates to my clients' property; 2. It has now been fifteen (15) days since two (2) insurance adjusters of your choosing viewed the water-seepage damage to my clients' property on January 7, 2003. Since said time, there has been no communication from your office or the insurance company relative to immediate measures to be taken to repair or remediate the damage to my clients' property; 3. As you know my clients and their children were forced to vacate the premises on January 14, 2003 due to the dangerous and unhealthy mold species including aspergillus, penicillium and cladosporium detected in the property by a mycologist. Since that time my clients have incurred and continue to incur the inconvenience, costs and emotional distress of being forced out of their home. A r 4. On Monday, June 20, 2003, my clients called to inform me that when they returned to their home to check on their property: a. The lock to the outside door/main entrance to their unit had been changed thereby preventing them from entering into their home! b. Two of my clients' vehicles parked in the rear of their unit are missing. It is suspected that Karen Sorkin of the Condominium Management office arranged to have these vehicles towed. C. Relative to the above, immediate demand is made for a key to the outside door/main entrance to my clients' home. Failure to immediately produce said key is a violation of M.G.L. Chapter 93A and potentially a violation of criminal law in preventing my clients' access to their own home. d. Please confirm as to whether Ms. Sorkin or someone else from the Condominium Management arranged to have my clients' vehicles towed. If they did tow these vehicles, provide immediately the location of where these vehicles were towed. If Ms. Sorkin or the Condominium Management did arrange to have these vehicles towed, said action is clearly an act of intimidation and retaliation against my client for reporting the damaged condition of their property to the insurer and the North Andover Board of Health. Said intentional act of intimidation, harassment and retaliation is clearly a violation of M.G.L. Chapter 93A. For some reason your office, the insurance company and most especially Ms. Karen Sorkin continue to ignore or minimize the significant property damage and personal injury that has resulted in my clients' property. All of your inactions and in some cases intentional acts of harassment and intimidation will be duly noted before a court of law as well as before appropriate city and state officials. Very truly yours, LAW OFFICES OF ROBERT C. AUTIERI Ro quire Enclosure(s) cc: Thomas and Doris DiOrio Brian J. LaGrasse, Health Inspector, Town of North Andover (via fax and first class mail) C:\WPWIN60\WPDOCS\DIORIO\MORIARTY.LTR 2 01/21/2003 10:13 978-6866960 PAGE 01/04 LAW OFFICES OF ROBERT C. AUTIERI, ESQUIRE Willows Professional Park 811 Turnpike Street North Andover,NIA 01845 Telephone: (978)681-0737 Fax: (978)686-6960 FACSIMILE TRANSMISSION COVER SFIEET DATE: JanUary 2 1,2003 Haaifh Im.tna�fnr North Andover Board of Health FLU(#: 91t3-bd6-9542 RE: Thomas and Doris Ulorio 68 Femview Ave.,#2,North Andover,MA FROM: LBW Offices of Robert C. Auilerl Tel:(978)661-0737 Fax: (978)686-6960 Tr PAGES SUN 1: fl Ao tl(21nwuutliy vvver SnLaaL1\ �`nMNlFNT4 I—PORTANT n. rL�f READ ■ ■ • • Evi GR I A I -rcEASE RG1u THF INFORMATION CONTA-Mm IN THIS FACSIMILE MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION AND AS SUCH IS PRIVILEGED AND CONFIDENTIAL. IF THE READER,OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RLSrONSIOLG rvn ami 01—I^INC IT TO THE I IITENDED RECIPIENT YCOV BARE HcocoY N0'YIEIED TJ4AT Y0 1 HA WJE RECEIVED THIS DOCUMENT IN ERROR,AND THAT ANY REVIEW,DISSEMINATION,DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE Tu u3!IY MA11- THANK YOU. IF THERE ARF ANY PRORI FMA WITH THIS TRANSMISSION;PLEASE CONTACT THIS OFFICE IMMEDIATELY I C:1WPW1N601WPDOC %DIORIOIBOAgD.FAX 01/21/2003 10:13 9786866960 PAGE 02/04 LAW OFFICES OF nv1ERT v. Avu1ifERi, icA.So. WILLOWS PROFE53IONAL PARK 811 TURNPIKE STREET NORTH ANDOVER, MA 01 845 TELEPHONE: (978) 1761-0737 FAY. !0791 886_6060 EMAIL: rcalawlOaolxom January 21, 2003 '"a nanii70o 111 +J1 JrLe7n l ,rit_Ji �fL!t_csd2 fl,�liti Tl 0 "l T 1 nomas V. Moriarty, Esquire !Marcus, Errico, Emmer Lac Brooks, P.C. 45 Braintree,Hill Office Park, Suite 107 Braintree, MA 02184 Ae: Thomas and LV►ls DIOrIU vu ItCniview Ave. 12 TNS A.-Clover, ?,,IA n19AG Dear:ter, Moriarty: Relative to the above-noted matter, please note as follows: 1. Your attention is ralletl to the atta__chl-d Order Letter from the North Andover Rnard ^*!w 1*,h Ao+nA Tom.,,, 1 c� �nnz °,;ycu�:^?l^cte.?:e Ro:.Ta o€wealth h_ cited the %0.. W%, VKVV JWaN jV''LQjJ,1gC1(%CA411.V11 A�,14(1y d1LU 1110\iV11UV11ULL1UL11 t13JUL1dL1011 LV! 11.J WHIIL1U1116, VAV1a4AV11 of the State Sanitary Code as relates to my clients'property; 2. It has now been fifteen(15)days since two(2) insurance adjusters of your choosing viewed the water-seepage damage to my clients'property on January 7, 2003. Since Said time; there has been no communication from your office or the insurance company relative to immediate mg33'.:res in 1,o taken to repair nr rPmPdiata tl,,- daluage to ray cheats propcliy; 3. As you know my clients and their children were forced to vacate the premises on January 14, 2003 due to the dangerous and unhealthy mold species including aspergillus, penicillium and cladosporium detected in the property by a mycologist. Since that time my clients have incurred and continue to incur the inconvenience, costs and emntinnai ✓!;areas of being,forced nout nfthPir hnmP, 01/21/2003 10:13 9786866960 PAGE 03/04 4. On Monday; June 20; 2003; my clients called to inform me that when they returned to their home to rherk on.their nrnnrar►v- a. 111E lV%h LV L11G V1ALSIUG UVVI%111a111 GMIMI" LV ulval U111L 11au ec-11 %,Llal/r,Vd thereby preveiiiing inem noin entering into ineu homci b. Two of my clients' vehicles parked in the rear of their unit are missing. It is suspected that Karen Sorkin of the Condominium Management office arranged to have these vehicles towed. C R illative to the -hml- imm,+%te riemanA iS marup fnr a key to the rnrtes;riP , • V VA;n+An ^A ,,n ;A µA0TA.MiA CAAIWAn ��AAAY VAVAAJ AVMV. ~aUUTC tV AAAAAAAViatVlyFJkVu4VV 1"MA lacy tS a YAuliluvAl of iYA.0 L. UlAcilArA 73A Ulu pumixtilauy a VIVlat4VJA Vf criminal law in preventing my clients`access to their own home. d. Please confirm as to whether Ms_ Sorkin or someone else from the Condominium Management arranged to have my clients'vehicles towed. If they did tow these vehicles, provide immediately the location of where these VeEj C1 .jes jiL,PYR tnwPri. Tf 1V(c• Cnririn nr the rondominium M$naaemepA did anl.rrG.n �i tV h4'Y aai t1/VJ�i �'Vl'airla".J tVvYVd, s::d f�hVa4VAl, AJ Vleazly a'.^ 3Vi VA nitirc1 datkffl and retaliation aga-MOst ML Vlk.LIL 1,Vr repoliing t1.c ua1Alageu condition of their property to the mi surer and the North Andover Board of Health. Said intentional act of intimidation, harassment and retaliation is clearly a violation of MG.L. Chapter 93,A•, For some reason your office; the insurance company and most especially Ms. Karen Sorkin Qn1'ltl»Le..to 10nnrR nr minimi2P:ThP-' 60,n1'flranT nronerty dmmsm-and nercnnal,iniury that has resulted 'v- - - -- -- - ;.^. :::)'Cl:e.^.tS' -a All .^.f j'Q'a2::^»^.:;C.^.° ::,^.d ;.^ --- �°,$�$ ',ntont��nol otc--.- --harassment and iribUnida ion will' be ULLIy JAULCu Uclvre a mull of Law as wGla as ueAvTe appropriate, city aTAAA baa C M orricials. Very truly yours, LAW OI•FIC_E_ S OF ROBERT C. AUTIERI �,.L.,... utAGA7j 1=.Jt�uir2 / Enclosure(s) cc: Thomas and Doris DiOrio Brian J. LaG>;asse,Health Inspector, Town of North Andover(via fax and first class mail) C:IWPWIN6gkNV PDOCS\DIQXUO'MOR1ARTY-LTA 7. 01/15/2003 15:29 9786866960 PAGE 02/02 LAW OFFICES OF ROBERT C. AUTIERI, ESQ. WILLOWS PROFESSIONAL PARK 811 TURNPIKE STREET NORTH ANDOVER, MA 01845 TELEPHONE: (878) 681-0737 FAX: (978) 686-6960 EMAIL: rQa1aw14*ao1.com January 15, 2003 Ya Facsimile and First Class Mail Thomas 0.Moriarty, Esquire Marcus,Emco, Emmer&Brooks, P.C. 45 Braintree Hill Office Park, Suite 107 Braintree, MA 02184 Re: Thomas and Doris DiOrio, 68 Fernview Ave., #2,No. Andover, MA 01845 Dear Mr. Moriarty: I have received no response to my letter of January 13, 2003 relative to the above-noted matter. Please be advised that my client and their children have vacated their home due to the existing dangerous condition of the premises including the continuing growth of dangerous mold species including aspergillus, penicillium and cladosporium identified by professional testing conducted by a mycologist. My clients intend to pursue full compensation for all costs and expenses they incur as a result of their forced move and constructive eviction from their home. It is my understanding that Trust& Vermont Mutual insurance Company holds the relevant insurance policy concerning this matter. Please forward to my attention immediately: 1) name, address,and telephone number of the claim adjuster handling this matter;2) claim number if assigned; 3)copies of relevant insurance policy with coverage selection sheet. This matter is a serious situation resulting in significant property damage and serious personal injury. The immediate attention of your office,the Heritage Green Condominium Association and the insurer is required. Please contact me. Very truly yours, L A TJTIERI Robert C. cc: Thomas and Doris DiOrio Brian J. LaGrasse,Health Inspector, Town of North Andover 01/15/2003 15:29 9786866960 PAGE 01/02 LAW OFFICES OF ROBERT C. AUTIERI,ESQUIRE Willows Professional Park 811 Turnpike Street North Andover,MA 01845 Telephone: (978)881-,0737 Fax: (978)686960 FACSIMILE TRANSMISSION COVER SHEET DATE: January 15,2003 TO: Brian J.LaGrasse Health Inspector North Andover Board of Health FAX#: 978-688-9542 RE: Thomas and Doris DiOrio 68 Fernview Ave.,#2,North Andover,MA FROM; Law Offices of Robert C. Autied Tel: (978)681-0737 Fax:(978)686-6960 TOTAL PAGES SENT: (3)(including cover sheet) COMMENTS IMPORTANT-PLEASE READ THE IWORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS NAMED ABOVE. THIS MESSAGE MAY RE AN ATTORNEY-CLIENT COMMUNICATION AND AS SUCH IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS DOCUMENT IN ERROR,AND THAT ANY REVIEW,DISSEMINATION,D4STRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED, IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US BY MAIL. THANK YOU. !IF THERE ARE ANY PROBLEMS WITH THIS TRANSMISSION,PLEASE CONTACT THIS OFFICE IMMEDIATELY! C;\wPW N6MWPD0=010R10t80ARD.FAX LAW OFFICES OF ROBERT C. AUTIERI, ESQ. WILLOWS PROFESSIONAL PARK 811 TURNPIKE STREET NORTH ANDOVER, MA 01845 'it}. BC'�RVC� TELEPHONE: (978) 681-0737 FAX: (978) 686-6960 FI, r .:.; 4 January 13, 2003 - - " Via Facsimile and First Class Mail Thomas 0. Moriarty, Esquire Marcus, Errico, Emmer& Brooks, P.C. 45 Braintree Hill Office Park, Suite J 07 Braintree, MA 02184 Re: Thomas and Doris DiOrio, 68 Fernview Ave., 92, No. Andover, MA 01845 Dear Mr. Moriarty: Relative to the above-noted matter please be advised that my clients have had their premises tested and evaluated by a mycologist. We have been informed that the premises is filled with dangerous mold species including aspergillus, penicillium, and cladosporium. The mycologist has indicated that the mold spores are in a continual growth mode and has advised my clients and their children to immediately leave the premises. Further be advised and on notice that my clients are presently being tested by their physicians. Initial testing has disclosed that one of their children have tested positive for aspergillus. This matter has now lingered on for several weeks without any affirmative action by your office, the insurer or the Condominium Association and its management. Further the condition of the property continues to be in violation of a directive and order issued by the North Andover Board of Health. Please be advised and on notice that my clients intend to vacate the property within twenty- four(24)hours of this letter. Said action is being taken to protect their health and the health of their children. I would ask that you immediately contact me so that we may discuss arrangements to relocate the DiOrio family while remediation is conducted concerning the damaged premises. If you or the insurance company fail to contact me within the next twenty-four (24) hours said action will be construed as a violation of Chapter 93A and 176D. Further, in any event, my clients will vacate the premises and will pursue any and all necessary legal action in which to recover expenses related to their forced and constructive eviction from the premises. r I urge you to contact me immediately. Very truly yours, LAW OFFICES OF ROBERT C. AUTIERI Robert C. Autieri, Esquire cc: Thomas and Doris DiOrio Brian J. LaGrasse, Health Inspector C:\WPWIN60\WPDOCS\DIORIO\1-13-03.WPD 01/14/2003 09:33 9786866960 PAGE 01/03 LAW OFFICES OF ROBERT C. AUTIERI, ESQUIRE Willows Professional Park 811 Turnpike Street North Andover,MA 01845 Telephone: (978)681-0737 Fax: (978)686-6960 FACSIMILE TRANSMISSION COVER SHEET DATE: January 14,2003 TO: Brian J. LaGrasse Health Inspector North Andover Board of Health FAX#; 978-688-9542 RE: Thomas and Doris DiOrio 68 Fernview Ave.,#2,North Andover,MA FROM: ,Law Offices of Robert C. Autieri Tel: (978)681.0737 Fax:(978)686-6960 TOTAL PAGES SENT: (3)(including cover sheet) COMME IMPORTANT-PLEASE READ THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION AND AS SUCH IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS DOCUMENT IN ERROR,AND THAT ANY REVIEW,DISSEMINATION,DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US BY MAIL. THANK YOU. !IF THERE ARE ANY PROBLEMS WITH THIS TRANSMISSION,PLEASE CONTACT THIS OFFICE IMMEDIATELY i C:%W MIN(;OWPDOCSIDIORlOkBOARD.FAX 01/14/2003 09:33 9786866960 PAGE 02/03 LAW OFFICES OF ROBERT C. AUTI ERI. ESQ. OFF$WE C,3 WILLOWS PROFESSIONAL PARK 81 1 TURNPIKE STREET NORTH ANDOVER, MA 01 845 TELEPHONE: (978) 661-0737 FAx: (978) 886.6860 January 13, 2003 Via Facsimile and First Class Mail Thomas O. Moriarty, Esquire Marcus, Errico,Emrner& Brooks, P.C. 45 Braintree Hill Office Park- Suite 107 Braintree, MA 02184 Re: Thomas and Doris DiOrio, 68 Ferr�view Ave., #2,No. Andover, MA 01.845 Dear Mr. Moriarty: Relative to the above-noted matter please be advised that my clients have had their premises tested and evaluated by a mycologist. We have been informed that the premises is filled with dangerous mold species including aspergillus, penicilhurn, and cladosporium. The mycologist has indicated that the mold spores are in a continual growth mode and has advised my clients and their children to immediately leave the premises. Further be advised and on notice that my clients are presently being tested by their physicians. Wtial testing has disclosed that one of their children have tested positive for aspergillus. This matter has now lingered on for several weeks without any affirmative action by your office,the insurer or the Condominium Association and its management. Further the condition of the property continues to be in violation of a directive and order issued by the North Andover Board of Health, Please be advised and on notice that my clients intend to vacate the property within twenty- four(24)hours of this letter_ Said action is being taken to protect their health and the health of their children. Z would ask that you immediately contact me so that we may discuss arrangements to relocate the DiOrio family while remediation is conducted concerning the damaged premises. If you ort he insurance company fail to contact me within the next twenty-four(24)hours said action will be construed as a violation of Chapter 93A.and 176D. Further, in any event,my clients will vacate the premises and will pursue any and all necessary legal action in which to recover expenses related to their forced and constructive eviction from the premises. 01/14/2003 09:33 9786866960 PAGE 03/03 Z urge you to contact me immediately. Very truly yours, LAW OFFICES OF ROBERT C. AU TIERI C r ' 1 Robert C, Autieri, Esquire cc: Thomas and Donis DiOzio Brian J.LaGrasse, Health Inspector C:\WPWIN60\WPDOCSOTOP10\1-13-03.WPD LAW OFFICES OF ROBERT C. AUTIERI, ESQ. WILLOWS PROFESSIONAL PARK 811 TURNPIKE STREET NORTH ANDOVER, MA 01845 TELEPHONE: (978) 681-0737 FAX: (978) 686-6960 EMAIL: rcalawl @aol.com - OF December 23, 2002 DEC 2 6 2002 L Via Facsimile(978) 688-9542) and First Class Mail Brian J. LaGrasse Health Inspector North Andover Board of Health 27 Charles Street North Andover, MA 01845 Re: Thomas and Doris DiOrio, 68 Fernview Ave., #2,North Andover, MA Dear Mr. LaGrasse: Please be advised that this office has been retained by the above-named Thomas and Doris DiOrio related to all damages that they have incurred and continue to incur to their condominium unit located at 68 Fernview Ave., #2,North Andover, MA. It is my understanding that you have had an opportunity to view the unit and the substantial and significant damage done to their premises as a result of water seepage from a defective and cracked foundation. Attached please find a letter sent out this day to legal counsel for the Property Manager and Representative of Heritage Green Condominium Association. As noted in said letter, my clients have made attempts to arrange for a inspection and evaluation by the Condominium. Association's contractors and continues to be willing to allow said inspection on 24 hours notice. Also as noted in said letter it appears that the Property Manager and Condominium Association is in noncompliance with your Order Letter of December 6, 2002 concerning repair to the defective and cracked foundation. Please note that in the most recent rainstorm that we experienced substantial water seeped into my clients' walls and into their unit. As you may know my clients have three young children and there is obvious concern over potential health effects to their constant exposure to this obviously unhealthy environment. Your immediate attention and enforcement powers relating to this situation would be greatly appreciated. Very truly yours, OF E T C. AUTIERI e uti cc: Thomas and Doris DiOrio Thomas O. Moriarty, Esquire A:\DIORIO\LAGRASSE.WPD 12/23/2002 14:44 9786866960 PAGE 01/03 r LAW OFFICES OF ROBERT C. AUTIERI, ESQUIRE Willows Professional Park 811 Tumpike Street North Andover,MA 01845 Telephone: (978)681-0737 Fax (978)686-6960 FACSIMILE TRANSMISSION COVER SHEET DATE: December 23,2002 TO: Brian J.LaGrasse Health Inspector North Andover Board of Health FAX#: 978-688-9542 RE: Thomas and Doris DiOrio 68 Fernview Ave.,#2 FROM: Law Offices of Robert C. Autieri Tel:(978)681-0737 Fax:(978)686-6960 TOTAL PAGES SENT: [31(including cover sheet) COMMENTS ' " " • IMPORTANT-PLEASE READ THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS NAMED ABOVE. THIS MESSAGE MAY BE AN ATTORNEY-CLIENT COMMUNICATION AND AS SUCH IS PRIVILEGED AND CONFIDENTIAL. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR AN AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT YOU HAVE RECEIVED THIS DOCUMENT IN ERROR,AND THAT ANY REVIEW,DISSEMINATION,DISTRIBUTION OR COPYING OF THIS MESSAGE IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR,PLEASE NOTIFY US IMMEDIATELY BY TELEPIHONE AND RETURN THE ORIGINAL MESSAGE TO US BY MAIL. THANK YOU. I IF THERE ARE ANY PROBLEMS WITH THIS TRANSMISSION,PLEASE CONTACT THIS OFFICE IMMEDIATELY! C:1WPW N6MWPWC=J0R10180AW.FAX IOL/23/2002 14:44 9786866960 PAGE 02/03 r' LAW OFFICES OF ROBERT C. AUTIERI, ESQ. WILLOWS PROFESSIONAL PARK 811 TURNPIKE STREET NORTH ANDOVER, MA 01845 TELEPHONr.= (978) 68l-0737 FAX: (978) 686-6960 EMAIL: rCWRW1Qa*I-00M December 23,2002 Via Fa 7 688-9 Y2)and First—CIaLmail Brian J.LaGrasse Health.haspector North Andover Board of Health 27 Charles Street North Andover,MA 01845 Re: Thomas and Doris DiOrio, 68 Fernview Ave.,#2,North Andover, MA Dear Mr.LaGrasse: Please be advised that this office has been retained by the above-named Thomas and Doris DiOrio related to all damages that they have incurred and continue to incur to their condominium unit located at 68 Fernview Ave.,#2,North Andover,MA. It is my understanding that you have had an opportunity to view the unit and the substantial and significant damage done to their premises as a result of water seepage from a defective and cracked foundation. Attached please find a letter sent out this day to legal counsel for the Property Manager and Representative of Heritage Green Condominium Association. As noted in said letter, my clients have made attempts to arrange for a inspection and evaluation by the Condominium Association's contractors and continues to be willing to allow said inspection on 24 hours notice. Also as noted in said letter it appears that the Property Manager azid Condominium Association is in noncompliance with your Order Letter of December 6, 2002 concerning repair to the defective and cracked foundation. Please note that in the most recent rainstorm that we experienced substantial water seeped into my clients'walls and into their unit. As you may know my clients have three young children and there is obvious concern over potential health effects to their constant exposure to this obviously unhealthy environment. 12/23/2002 14:44 9786866960 PAGE 03/03 Your immediate attention and enforcement powers relating to this situation would be greatly appreciated. Very truly yours, OF T C. AUTIERI cc: Thomas and Doris DiOrio Thomas 0. Moriarty,Esquire AA DTOMMAGRASSE.WPD J, LAW OFFICES OF ROBERT C. AUTIERI, ESQ. WILLOWS PROFESSIONAL PARK 811 TURNPIKE STREET NORTH ANDOVER, MA 01 845 TELEPHONE: (978) 681-0737 FAX: (978) 686-6960 EMAIL: rcalawl Caol.com December 20, 2002 _ BOARD 0 .� i s i Sent Via E-mail, Facsimile and First Class Mail DEC 2 3 208 x Stephen M. Marcus, Esquire Marcus, Errico, Emmer&Brooks, P.C. 45 Braintree Hill Office Park, Suite 107 Braintree, MA 02184 Re: Thomas and Doris DiOrio, 68 Fernview Ave., #2, No. Andover, MA 01845 Dear Mr. Marcus- As you are aware pursuant to a discussion with Karen Sorkin,the Manager of Heritage Green Condominiums, arrangements had been made to allow the Condominium Association's contractor to inspect and evaluate the above-referenced property for water related damage for today, December 20, 2002 at 10:00 a.m. My client has advised me that no contractor for the Condominium Association appeared for said inspection and evaluation at the above-referenced time. Further, my client informs me that she called Karen Sorkin to ascertain as to whether a contractor would be present but received no return call. Please note that I called your office at approximately 11:00 a.m. to determine as to whether a contractor would appear and was advised by your office to send you a correspondence via e-mail. Please note that not only did my client take time out of work to accommodate this inspection but she arranged to have her contractor present at the premises to assist in the evaluation and inspection by the Condominium Association contractor. As I detailed in my letter of December 19, 2002, there is significant damage to my client's premises as a result of water seepage. Further as indicated in my letter there is significant concern as to the well-being of my clients and their three young children relating to any exposures to potential dangerous mold species. My clients' contractor has advised me that there is significant structural damage as well as internal damage to the walls caused by water seepage. This matter must be addressed immediately by the Condominium Association and its insurance company. As I am sure you can appreciate, additional damage will be caused to the premises as a result of water seepage, caused by snowy or rainy days such as the weather we are experiencing today. Thereby, I must demand that the Condominium Association and its insurance company contact me immediately to arrange for an evaluation and inspection of the damaged property and to discuss repair, and remediation of same as well as accommodations for my clients while this extensive work is being done. Time is of the essence. As noted above, my client with her contractor was present on the premises to allow the Condominium Association's contractor full access to the property to inspect and evaluate same. Please be advised that any further damage done to the property as well as existing damage to the property is the full and total responsibility of the Condominium Association. Please call me today to discuss this matter. Very truly yours, LAW OFFICES OF ROB RT C. AUTIERI Esquir Enclosure(s) cc: Thomas and Doris DiOrio Brian Lagrasse, Inspector, Board of Health C:\WPWIN60\WPDOCS\DIORIO\MARCUS.LTR ���c ��- � � U �,� �� � �� 12/19/02 17:22 FAX 7818431529 NEEB taLjuusivv4 MARCUS, ERRICO, EMMIER & BROOKS, P.+�. Attorneys At Law. FACSIMILE 'TRANSMITTAL SHEET TO: PRQM Boud of Hcalth Stephen M.Marcus/Carol Lang CGMPnvYlln-rn• "�' 12/19/02 PAX Numbim TOTAL NO.OF VAc.:r.•.s Tr4ujwNG tUvE1: 978-E88-9556 MONr r L m5u;t: SiN0LR'$REFERENCE N UAUSCM RE: YOUR lWPURENCS NUMBEb_ Doris DiOLio Re its Green Condominium ❑URGENT ❑NUR RI:VT$W ©PLEASE COMNTNT ❑PLEASE REPLY ❑ PLEASF RE.C'CCLE N OTE•S 1 r,0>vrr�v_NTSi NOTICE OF CONFIDENTIALITY ** THIS TRs1NSMtT.TAL IS INTENDED FOR THE ADDRESSEES) LISTED ABOVE AND MAY CONTAIN INFORMAT::ON THAT IS CONFIDENTIAL AND PRIVILEGED. II' YOU ARE NOT THE ADDRESSEE(S), ANY USE, DISCLOSURE, COPYING OR COMMUNICATION OF THE CONTENTS OF THIS TRANSMISSION 15 PROHIBITED. IF THIS MESSAGE IS RECEIVED IN ERROR, PLEASE TELEPHONE US IMMEDIATELY (COLLECT IF NECESSARY). IF YOU HAVE ANY QUESTIONS 03, PROBLEMS, PLEASE CALL (781) 843-5000. 4S RRAINTREE HILL OFFt(;r, pARIZ. SUITE tn7 BRAINTREE-, NA 02184 pal) a-x-snoo (7Rt) 9A3_1529 PAX T00O USLI0W HIXON N I A01 9SS6 999 8L6 YVJ CS:OT ZOOZ/OZ/ZT 12/19/02 17:22 FAT. 7818431529 HEEB W_.j Vvaiuvr XkRCUS, ERRICO, December 19,2002 EAUNIER & BROOKS, VIA FACSrMI -F-TRANSMISSION P.C. 978-686-6960 Attorneys At Law AND FIRST CLASS MAIL Robert Autieri, Esquire Suite 107 45 Braintree Hill Ufftoe park 81 X Turnpike Street Braintree,Massachuseets 02184 North Andover,MA 01345 Telephone(781)343-5000 e-mail im(782) mccb.29 RE; DiOrio 68 Fernview Avenue #2 No.Andover Massachusetts e-mail smarcusQmccb.com > > > , wobsite www_mecb.com D Janet Aronson"0 ear Mr.Autieri: Richard E.Brooks William DeBear Thank you for your letter dated December 19,2002, Scrh Emmer V.Douglas MUCus 1 Stcphcn M.MatcIf the Board of Health requites the spraying,then your clients would need to St Thornea5 b.Moriarty=# seek a Court Order restraining the TnlsteeS from following those order.;. Jeffrey C_Tulk Edmund A.Allcock If your clients fail or refuse to allow spraying,they do so at their own r isk. Patrick J.Brady Laura White Brandow Based on an initial assessment of the issue,there appears to be no evidt:nce of AlisJohn L.Forbes ne 1 entre in which case our client is responsible.for repair and maim enaace John D.Kalish� �,g y Judith A Kennedy of the unit- Heat M.McBride t Marylou Mulrhuijano Notwith3tandin the foregoing,the Trustees will no their insurance carrier. ThetcscQuijazio g �Y Joscph D.Saurino John~Sbaffce All correspondence and.communications must be to this office and not to our Douglass Troyer clients. Also admired is Cr r Also a"Wed in NY 'Very truly yours, 'Also admitted in NU t Also adaiiuod;n EL �7�y 0 Alco admitted iaBl MARCCJ ,ERRICO,EMMER &BRO S _ Boston—(617)367.0006 Springfield—(413)736-7500 Worocster- (503)791.2120 tephen M.Marcus :law Hampshire-(603)8912006 Rhode Isinnd—(401)351-2221 S"cal cr. Worth Andover Board of Health Trustees of the Heritage Green Condominium Trust Z0oz 'daAO(NV H1110N1 aO NA01 9SS6 999 9L6 %H3 tS:Ot ZOOZ/OZ/7.i 12/19/02 17:22 FAX 7818431528 ME$B ���v• ��� 12!1.912902 16:33 9786866960, 'AGE _ LAW OFFICES OF ..� ROBERT G. AUTIERI, ESQ- WILLOWS PROFESSIONAL PARK 811 TUANPIKE STREET NORTH ANDOVER, MA x'1845 TSieVHOHe: (376) 68l-0797 Fax: (878) 588-6960 Ern-mL rcaeaw4ftaol.com December 19, 2002 Sent Via Facsimile LM) 685_0521 Kaaren Sorkin Diversified Funding 39 Farrwood Avenue, Unit 91 HxverbA MA 01830 Re: Thomas and Doris DiOrio, 68 Femview Ave.,*-2, No. Andover,MA 01945 Dear Ms, Sorkin: Please be advised'that this office represents the above-named Thomas and Doris Ai Orio in all matters related to damages they have incurred to their condominium, unit as a result Cf water seepage and other matters yet to be determined_ ` Pursuant to our discussion today you are arranging to have your contractor inspect the premises tomorrow at .10:00 a.u1•, Decernbei 20, 2002 for evaluation and iuunediate repair. As discussed,your contractor will be allowed full access to evaluate all such damage_ Howcvci, please be advised and on notice that you shall not be allowed to spray any sub:,tances or disturb aA y of the areas damaged by rrwld ura a consultant tests,and evaluates the molds and species of same that are present. ; Further as discussed I would ask that yourself or your attorney direct all further c alis and cmttiffi wicatians eoncaning this matter to my attention and not to my clients'. As you are aware,my clients have three young children and there is significant concern as to their well being as a -esuh of exposure to these water damaged auras including the growth of any potential dangerous mold species. Finally,I assume that you bave appropriately contacted the insurance company to put these on notice of this claim by my cHezrts. I would ask that you providc to me in writing the specific information concerning who carries the rcicvunt insurance in this matter iyicludiug relevant no roes and addresses of any agents. coot uaAoaxv RiuoN 30 mao.L 9SS6 999 9L6 YVA fS:0T Z009/0Z/ZT 12/19/02 17:22 FAX 781843 .529 MB W. UU4/UUV 12/19/2002 16:33 9786866968 PAGE63/03 As I am sure you can appreciate tWS is a serious matter and I would ask :}gat the Condominium Association take all reasonable,prompt amd needed acrtion to remediate this ru itter and prosect my clients' health and well being. Very truly urs A 1~ICES OF ROT C. ,A.UTMRI Autien acu e Enclosure(5) c:�wPwrrrso�wpAOCs�Dtv�ua�sa&i@�.L7It cc; Stephen M.Marcus, Esquire( ' acsimile 781_849_9799) Thomas and Doris DiOrio __ 600e 2I3AOGNV HZ2IOH 30 NMOZ 9SS6 999 9L6 XVd 6S=OT ZOOZ/OZ/ZT SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also Complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. C. S' natur ■ Attach this card to the back of the mailpiece, ❑Agent or on the front if space permits. ❑Addressee s delivery address different fro item 1? 11 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No rS,���� �/n���t� 3. Service Type Ste A3 I /V\A� V Z r, V �Certified Mail ❑ Express Mail vvv ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number(Co y from service label) �01� '522 0 001 o ? ILA\ x`61 p PS Form 3811,July 1999 Domestic Return Receipt �mso�_nn_ne_no�o v� UNITED STATES POSTAL SERVICE O`er �� � �. if?;Y G1ass�lai� _ P �. Postage&Fees Nid S c. MIC • Sender: Please print yeof ddress, and-ZIP+4 in-this box-,W--- C, oK - — �V a rk-10J Q�, AA A- 0 i 3'Y ���4?liiflli?1�??li=�l�?fliE?I�:lie'.sfli??II3�lil1{�?1E83!!?�I U.S.Postal Service CERTIFIED MAIL RECEIPT .. Only; C3 tArticle Sent To: CID 'q Postage $ J M hl Certified Fee Postmark E3 Return Receipt Fee Here r-1 (Endorsement Required) C3 Restricted Delivery Fee (Endorsement Required) f' 0 Total Postage&Fees $ U Z ru 666 rU Narrye,(P_lease Prin Gearl (To be compl ed by mailer) L' Street,Apt.No.; r PO Box No. -----" cr, [%- City,SfAla,ZIP 4 6> li) r /v\F.,,- U21 Certified Mail Provides: ■A mailing receipt ■A unique identifier for your mailpiece ■A signature upon delivery ■A record of delivery kept by the Postal Service for two years Important Reminders: ■Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ■Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ■For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■If a postmark on the Certified Mail receipt is desired,please present the arti- cle'at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT.Save this receipt and present it when making an inquiry. PS Form 3800,July 1999 (Reverse) 102595-99-M-1938 w Town of North Andover ttORTh Office of the Health Department t«�o �0 Z O � Community Development and Services Division v : ~IL 27 Charles Street * � North Andover,Massachusetts 01845 *�4�saCHU tax 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: December 6,2002 To Owner of Record: Property Location: Diversified Funding,Inc. Heritage Green Condominiums 63 Atlantic Avenue 68 Fernview Avenue,Apartment#2 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 December 2,2002 in response to a complaint regarding housing code violations. 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. The inspection revealed violations of the State Sanitary Code, Chapter I1,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. Certified Mail# 7099 3220 0010 3241 6810 BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 ORDER LETTER An authorized inspection of 68 Fernview Avenue,Apartment#2 was performed by Board of Health staff on December 2,2002 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 1. The foundation wall adjacent to and behind the kitchen and second bathroom is not weather tight. There are cracks in the foundation and excessive gaps between the concrete foundation and brick walls,allowing the entrance of water,moisture and insects. Around the spigot is also not sealed properly. There is an exceptional gap between the pipe exiting the building and exterior brick,revealing insulation to the elements and allowing the entrance of moisture and insects. "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 and seal these gaps and cracks with hydraulic cement as to eliminate any additional moisture or insects from entering the dwelling. Vie. D(JP,— Gc&r- (� VIOLATION CORRECTED: DATE: t �eo'' \(i SI 0 3 0 V'e. � �e(Ca �C�f�\�J �E'• (UN�Co.c IZiT }a. S C'�.� �(hNd��-��u h ale uec45 o yt lr4s'ae ��` QN� �� nt o� h�a 1« c t n,c��- �� � yep 5e^lcA c cs Sincerely,,,.--? Brian J. LaGrasse Health Inspector 1 'woV(` `o rt i��,.� I�sI�� . 5� . v�6��,��o� W S �'C���rL� 4v\b WeA x-lc�l vtic�lh'�,a�J �4� lV..,-�- as f,I.. 7 t CC: Sandra Starr,Public Health Director Board of Health Occupant, 68 Fernview Avenue,Apartment#2 Karen Sorkin,Heritage Green Property Manager,39 Farrwood Avenue,Apartment #1, North Andover,MA 01845 File r NORTH ANDOVER HEALTH DEPARTMENT 120 Main Street 9 North Andover, MA 01845 Telephone (508) 682-6483, Ext. 32 Housing Inspection Report COMPLAINT# COMPLAINANT V v ADDRESS OF PREMISES e. t i t'(,W ° 1 aee.1 OCCUPANT OWNERtl () �)� �� ��� \ / * ti% ���t, •.� dV `E`�cf�c�� OWNER'S ADDRESS DATE OF INSPECTION 2 Z HOUR ROOMS/VIOLATION: 0tjllt: ll� to v Pz/✓/1 �, ro div t7 IJV l "f fiP '1J c)J� •n� ,r (lzvt {�'I!` t�.�e6 :E 1\ �0f U, 41(-L ditItj�n✓`f/ r r �/ qq \ L '�1. � l ir`��� 1 ' -' INSPECTOR Form NHI8-1 Action Press 6867000 NORTH ANDOVER HEALTH DEPARTMENT 120 Main Street • North Andover, MA 01845 Telephone (508) 682-6483, Ext. 32 Housing Inspection Report COMPLAINT # -1 COMPLAINANTADDRESS OF PREMISES t ' / J OCCUPANT OWNER ( r 4- ; .J OWNER'S ADDRESS J DATE OF INSPECTION HOUR ROOMS/VIOLATION: i • r 1 J IT � � 1..�-• 1l� i INSPECTOR Form N1-1I8-1 Action Press 885.7000 Lagrasse, Brian From: DelleChiaie, Pamela Sent: Monday, November 25, 2002 1:48 PM To: Lagrasse, Brian Cc: Starr, Sandy Subject: Heritage Green-Tom Diorio Importance: High Hi Brian, Received a call from a resident at Heritage Green -Tom Diorio. He owns his condo. Last week, with the bad weather, there was a leak that made its'way through to the foundation in his unit-mostly kitchen area, and previously the bath area has been affected. Linoleum has all buckled up and wood is rotting. The leak came down the face of the building and affected the foundation that sticks out six-twelve inches. There is a strong mildew smell, and he has a two year old child running around who's health he feels will be affected from this. Tom has tried multiple times to get in touch with Karen, the building manager 978-685-4434 to explain the situation, but gets no response. He is concerned because of the living conditions and the compromise of health issues. You can call Tom at H: 978-685-3728, or C: 781-389-1812. 1 told Tom that you would follow-up with him in regards to what the Health Department can do to get involved. Pamela DelleChiaie, Board of Health Secretary Town of North Andover Community Development&Services 27 Charles Street North Andover, MA 01845 Tel. 978-688-9540 Fax 978-688-9542 1 r + COMPLAINT NUMBER DATE: 114 OCTOBER 28, 1992 COMPLAINTANT:MGT. SPORA CLOSE DATE: ADDRESS:68 FERNVIEW AVE. , UNIT 4 PHONE: 685-4299 OWNER: PHONE #: ADDRESS: INSPECTION DATE: ORDER L DATE: COMPLAINT:SHE HAS LIVED AT 68 FERNVIEW FOR 15 YRS. AND IT NEEDS PAINTING AND OTHER REPAIRS AND WANTS TO KNOW IF THERE ARE ANY REGULATIONS STATING THAT THE LANDLORD HAD TO TAKE CARE OF THE PREMISES. ACTIOIN: �/'f ( � ( V� wed % 4W (Am g&w .�wd 4W 4iA& Ar mw V AV . - - - Yt Si--'�ED ' p ,��:.-Ia�l r•=O. �+;� Cf 0 SE'S �J.s i-:� riu0 SE`s 5 I a � w Address 4.a rALU V w-Lj /1-V Title of File Page of Date File Open: Date file closed: Doc Document/Action Title Date of Refer to other Purpose of Document/Action and notes action Document/ document/ Num. 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