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Miscellaneous - 73-75 MAIN STREET 4/30/2018 (2)
r7,5 ,-inl 571-• SENDER: I also wish to receive the a Complete items 1 and/or 2 for additional services. following SefVICeS (for an ■ Complete items 3, 4a, and 4b. a Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ■ Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address permit. 2. El Delivery a Write "Return Receipt Requested" on the mailpiece below the article number. ■ The Return Receipt will show to whom the article was delivered and the date delivered. OnSUpostmaster ostmaster for fee. 3. Article Addressed to: 4a. Article Number (� �«Z �� Q 4b. Service Type ©Registered Ct7 ertified ❑ Express Mail ❑ Insured W etumRe ei4,f Merchan8isefaQ1COD !V Q � � 7. at2,,O olive . r ;�- ' � 1 5. Received By: (Print Name) 8. Addressee's Addressif requested and feed �s 1 3 6. SigWT), dressee or H PS Fo m 3811, December 1994 102595-98-13-0229 DQ (3-RetoffRkelpt UNWED .STR,TES PO6-Ta?,L SEfRVIf...&. .' 4 '`: `'= •.3 a First-Clasr. Postage & USPS Permit No. L • Print your name, address, and ZIP Code in this box 0 T- L •aowag;diao% uan;ay Buisn jo; nog( Iueyl a El ❑ i 'Q W (D d ((( \ E o 0 L tq • • 0) O .3 0) 0) Q o= ca L 2 U O 3 ❑ ❑ j � v N m O O>` C � N `o O- Z` a '� E U 2 ani U E y{_lJ O x Z ca f— N v N N m N y y O 0 c cJ O to - E O cn cn N w 01 N O p l) d y .0 Q 0) 0) a aa) :/� � uj +O+ Q -O C 6 U E70 't Q cb 0 c VO 11 Elr,:06 m d 3 m �c a � mcoa E U m E � O� a� C U oi •C„ U O Uco V p Z d d E Eo V m n �.r G o d .� �E ID E °r v ori o�ti o �3 N N a O'L o m.0 cc 3 O G O U 0) ves co Y ��co o �.� W p IZ E f.'0 T- mE `' Q, 70 70 N W C9 W°'°c0y N N O oda > O > c TQL ` ZEEcca G)" 0 0•- � a�H-o !J < Q N C ) X (n O IL (�J0() v¢ N00■ ■ ■■ M In cp a. Lapis asJanaa aye uo paisidwoa ss3uaaV moi( si Nun Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES WILLIAM J. SCOTT Director (978) 688-9531 May 3, 1999 Brittany Mailhot 75 Main Street North Andover, MA 01845 Dear Ms. Mailhot, 27 Charles Street North Andover, Massachusetts 01845 Fax(978)688-9542 Certified #2115794819 This correspondence is in regards to an anonymous complaint received at the Health Department concerning the disposal of garbage from your apartment at 75 Main Street. An inspection of the rear hallway revealed multiple bags of garbage at your exit door on the third floor. There was also a smell associated with this garbage. Please be advised that you are to remove this material and that this is not a suitable location for storage. Please keep all trash within your premises until you are able to take it to the outside receptacles. Proper storage of garbage is a public health issue. Continued violations could result in further action by this department. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to call the Health Department at 688-9540. Sincerely, Susan Ford Health Inspector cc: Judy Buss, Owner BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Y w Town of North Andover 0OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES WILLIAM J. SCOTT Director (978)688-9531 Date: May 3, 1999 Property Owner: Judy Buss 47 Westshore Road Windham, NH 03087 27 Charles Street North Andover, Massachusetts 01845 ORTIy o _. A SAC U5 Fax(978)688-9542 Certified #2115794818 Property Location: 75 Main Street North Andover, MA 01845 An authorized inspection was made of the property at the above address by North Andover Health Department personnel on March 1,1999 and an ORDER LETTER was sent to you dated March 3`d The inspection revealed violations of certain regulations of the State Sanitary Code, Chapter II. Concerning the Order, the Health Department has been in receipt of correspondence from you indicating that you intended to correct the violations, however, due to a personal matter you state that you have been unable to comply with the Order. In a second letter from this department an extension of (7) seven days was given to complete the corrections as a sign of good faith. Subsequently, in a conversation with the Health Inspector, you again indicated that you could not complete the work as requested due to the illness of a family member. To date you are over (40) forty days past the original due date. Failure to comply with an Order to Correct, concerning the State Sanitary Human Habitation Code, will result in a complaint issued by this department to the Lawrence District Housing Court. This letter will be the final correspondence from this department in an effort to avoid future action. A complaint will be issued by this department if an inspection of all completed repairs is not requested by you and conducted by a representative of this office by Monday May 17, 1999. If you have any questions, please do not hesitate to contact the Health Departmen t 688-9540. Asan Ford Health Inspector cc: Brittany Mailhot, renter Sandra Starr, Health Agent File BOARD OF .APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 683-9535 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES WILLIAM J. SCOTT Director (978)688-9531 May 3, 1999 Brittany Mailhot 75 Main Street North Andover, MA 01845 Dear Ms. Mailhot, 27 Charles Street North Andover, Massachusetts 01845 o VAORTij- RCHUSE Fax(978)688-9542 Certified #Z115794819 This correspondence is in regards to an anonymous complaint received at the Health Department concerning the disposal of garbage from your apartment at 75 Main Street. An inspection of the rear hallway revealed multiple bags of garbage at your exit door on the third floor. There was also a smell associated with this garbage. Please be advised that you are to remove this material and that this is not a suitable location for storage. Please keep all trash within your premises until you are able to take it to the outside receptacles. Proper storage of garbage is a public health issue. Continued violations could result in further action by this department. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to call the Health Department at 688-9540. Sincerely, Susan Ford Health Inspector cc: Judy Buss, Owner BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PL.I.NNING 688-9535 Is your RETURN ADDRESS completed on the reverse side? 6TV h62- STT Z a6etsod 1V101 m ssajppy s•aassaippy pue 'ale(] 'WoyM 01 6ulmoyS ldinaa uwnlay \ (p ■■ ■ ■■■ V/ aaj AJanga(] pal0iilsa8 T(n X M m (\ D �� �: m�?m2n��oom <°-�wa�39Z a6els0d w c LD V� �� CD wm��so���0 a��. ?<C --M M CD CO m (D D Q = � —C z ==M w w m.. N� 3 wN N mW� .. .. CD (D F a' w a 3F. o =o = @ CL" (D m y 00 3 m 3 m ID ID o o _ �\ F FD' N w O N o DCDm ry N 0 F � m m a r �(D 3 C a °F C) n a m CD W V I --I ❑❑ A A S• o w T m Q w we wo m o a Q a w m 31 C c X CD CD D % mQ = m m o c N -� - �. z J� (n (D O 0 N 0 (\ ID Zcr� y .Vl T. �' a `G / C U p m CD w w_ o CD U0 x� w (DElElo cn CD m m�F rn 37 O w ro m a m 0 3 m 2 cD CD w �» w m m o. (D m (D CD ❑❑Q vi o m N 0 <" a w 0 m O �n m m o. :3 m m m o CD m Q a Q 0 Thank you for using Return Receipt Service. 6TV h62- STT Z (asJanaa aaS) my ieuoileujalul jol asn lou oa papiAoJd a6e,IaAOD aoueinsul ON F,W POMIJ83 A 6TV h6L STT Z a6etsod 1V101 ssajppy s•aassaippy pue 'ale(] 'WoyM 01 6ulmoyS ldinaa uwnlay paiaA!IaO ale(] 9 WoyM 01 5u'm0gS 1dia0ay WnlaU aaj AJanga(] pal0iilsa8 aaj Ai3nga0 jeioads aaj paynia0 a6els0d 0 dl al�y/elS ` d o�p"�a is l lugs (asJanaa aaS) my ieuoileujalul jol asn lou oa papiAoJd a6e,IaAOD aoueinsul ON F,W POMIJ83 A 6TV h6L STT Z m°aXi U E CL ro n> N.� U H ry CO, Ny rn N V N cc _ N O C U m � N >Q - CO Q) c0 ¢ :nT W �L ro -O C Ep' �L 0 ❑ o 06 3 m =m 0 t C6 CR Y m E u .0 .20 rn N V � 0 m a m m 3 r�i L 'n mm �C1 (Do o 8 aU V cis aZi E U o qD �E \ v O m E O 0 pt CO m G o -`1 e E �vm o z-, Y m Q)j O o o Z m E LL o � � ° cc cn ��� ° �3 4 a ` a C -wm E �.� (on `` a N y 0) UI Q� EEE o 1 \� co *' mm�j?¢ Q� v o m O == UJ 'D Y m » a� > Cr) mmo 0 !' v i0 E ¢ m �aaa�r 0 ZEEcac8�r_ Em.? O X ti 0 0.` W vUd �¢ mama ¢ OV ¢ cn Cl)N■■■ ■ ■■ M tri co d Z,apis asJanaa ay; uo pa}aldwoo 3H(]OV Ne 13a jnoR s( o M� Z 115 794 818 Receipt for - Certified Mao�rai,,,, No Insurance Co es?" ge Provided UNITED STATES Do not use for International Mail POSTaI SEItvICE (See Reverse) Sent io 4 'aaiAaag;dlaoaa uin;aa 6u)sn ao; nog()lue41 P.0 . Stpland Z rode m°aXi U E CL ro n> N.� U H ry CO, Ny rn N V N cc _ N O C U m � N >Q - CO Q) c0 ¢ :nT W �L ro -O C Ep' �L 0 ❑ o 06 3 m =m 0 t C6 CR Y m E u .0 .20 rn N V � 0 m a m m 3 r�i L 'n mm �C1 (Do o 8 aU V cis aZi E U o qD �E \ v O m E O 0 pt CO m G o -`1 e E �vm o z-, Y m Q)j O o o Z m E LL o � � ° cc cn ��� ° �3 4 a ` a C -wm E �.� (on `` a N y 0) UI Q� EEE o 1 \� co *' mm�j?¢ Q� v o m O == UJ 'D Y m » a� > Cr) mmo 0 !' v i0 E ¢ m �aaa�r 0 ZEEcac8�r_ Em.? O X ti 0 0.` W vUd �¢ mama ¢ OV ¢ cn Cl)N■■■ ■ ■■ M tri co d Z,apis asJanaa ay; uo pa}aldwoo 3H(]OV Ne 13a jnoR s( o M� Z 115 794 818 Receipt for - Certified Mao�rai,,,, No Insurance Co es?" ge Provided UNITED STATES Do not use for International Mail POSTaI SEItvICE (See Reverse) Sent io 'aaiAaag;dlaoaa uin;aa 6u)sn ao; nog()lue41 P.0 . Stpland Z rode / Postage $ 0 Certified Fee j w m> Special Delivery Fee =O �j Restricted Delivery Fee in U to Whorn & Dale Delivered c U j N Er TOTAL Postage G l 8. Fees Postmark or Date O N y V (C4 ,` C y �' O L 0) '0 N (n � ro in CC v .. U) a a� ¢ a �I. i O . C N ❑❑ .. D U)C .. N O cd C N o Z' a '� C m°aXi U E CL ro n> N.� U H ry CO, Ny rn N V N cc _ N O C U m � N >Q - CO Q) c0 ¢ :nT W �L ro -O C Ep' �L 0 ❑ o 06 3 m =m 0 t C6 CR Y m E u .0 .20 rn N V � 0 m a m m 3 r�i L 'n mm �C1 (Do o 8 aU V cis aZi E U o qD �E \ v O m E O 0 pt CO m G o -`1 e E �vm o z-, Y m Q)j O o o Z m E LL o � � ° cc cn ��� ° �3 4 a ` a C -wm E �.� (on `` a N y 0) UI Q� EEE o 1 \� co *' mm�j?¢ Q� v o m O == UJ 'D Y m » a� > Cr) mmo 0 !' v i0 E ¢ m �aaa�r 0 ZEEcac8�r_ Em.? O X ti 0 0.` W vUd �¢ mama ¢ OV ¢ cn Cl)N■■■ ■ ■■ M tri co d Z,apis asJanaa ay; uo pa}aldwoo 3H(]OV Ne 13a jnoR s( o M� Z 115 794 818 Receipt for - Certified Mao�rai,,,, No Insurance Co es?" ge Provided UNITED STATES Do not use for International Mail POSTaI SEItvICE (See Reverse) Sent io 55 Street a9cl No P.0 . Stpland Z rode / Postage $ 0 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whorn & Dale Delivered Return Receipt Showing to Whom, Date, and Addressee's Address TOTAL Postage G l 8. Fees Postmark or Date Z 115 794 818 J V. 4 r WILLIAM J. SCOTT Director (978)688-9531 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 NORTH ANDOVER BOARD OF HEALTH ORDER Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: March 3, 1999 Property Owner: Judy Bussy 47 Westshore Road Windham, NH 03087 tD , Fax(978)688-9542 Property Location - 75 Main Street North Andover, MA 01845 An authorized inspection was made of the property at the above address by North Andover Health Department personnel on March 1, 1999. This inspection revealed violations of certain regulations of the State Sanitary Code, Chapter II, as listed on the attached Violation Form. You are hereby ORDERED to correct these violations within the time allotted on the enclosed form. Failure to comply within the allotted time period may result in a criminal complaint against you in the Lawrence District Court and may result in an assessment of a fine. 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 witness and documentary evidence as to why this order should be modified or withdrawn. All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You also have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. Susan Ford Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 FJ VIOLATIONS TO BE CORRECTED WITHIN TEN (10) DAYS OR A SIGNED AGREEMENT FOR CORRECTION MUST BE SUBMITTED TO THE HEALTH DEPT. NO LATER THAN SEVEN (7) DAYS FROM RECEIPT OF THIS ORDER: VIOLATION REGULATION REINSPECTION Kitchen floor in disrepair; Peeling, 410.500 holes and cracks ■ Floor must be free from defect and cleanable Repair or replace floor Kitchen ceiling tiles missing, leaks 410.500 from the roof evident over refrigerator and in dish area. ■ Roof must be free from leaks Repair roof in a workmanship like manner Kitchen, dish washing area, lower area 410.500 of the wall exposed from old repair ■ Walls must be in good condition Repair wall as needed Windows throughout apartment in 410.501, 551 various stager of disrepair. Missing screens, not weather tight, difficult to open and close. Note: dining room middle window, hanging dangerously IN All windows must be weather tight, well fitted to keep rain or wind from entering, easy to open and close, have all glass panes in place, and screens for ventilation Repair or replace windows throughout as needed Common Hallway - some areas of plaster over 410.500 the stairway cracking and falling IN walls and ceilings must be free from defect Repair areas as needed Common Hallway - found very dirty and dusty 410.602 ■ The owner shall maintain the common hallways in clean and sanitary condition Clean Hallway Cc: Owner File OWNER NORTH ANDOVER HEALTH DEPARTMENT 120 Main Street • North Andover, MA 01845 Telephone (508) 682-6483, Ext. 32 Complaint Investigation/Inspection Report ADDRESS RIO w- ARM DATE r Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES WILLIAM J. SCOTT Director (978)688-9531 Date: June 11, 1999 Property Owner: Judy Buss 47 Westshore Road Windham, NH 03087 Dear Mrs. Buss, 27 Charles Street North Andover, Massachusetts 01845 ,to , Fax(978)688-9542 Property Location: 75 Main Street North Andover, MA 01845 This correspondence is in regards to the outstanding order letter concerning the above mentioned property. Due to the fact that the tenant which issued the complaint has vacated the premises the complaint issued by the Health Department to the Lawrence Housing Court has been tabled. If you would like to receive a Certificate of Compliance from this department so that you may re -rent the apartment please contact our office for a final inspection. This certificate could also assist you in the event of a future tenant problem by documenting that the apartment is now in compliance with the State Sanitary Code regarding Human Habitation. The Health Agent, Sandra Starr, will be available for the re -inspection so that we may close this case without further difficulty. Please call (978) 688-9540 to schedule an appointment 8:30 - 4:30, Monday - Friday. Sincerely, ZsaFord Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 iz Mailing date: May 24, 1999 Susan Ford No.Andover Board of Health 27 Charles Street No. Andover, MA 01845 MAY z5/ 1-999l P1 /' - Northeast Housing Court 2 Appleton Street Lawrence, Massachusetts 01840 (978) 689-7833 Paul J. Burke Clerk Magistrate Re: No.Andover Board of Health Vs: Judy Bussy No: 99 -PC -00523 David D. Kerman Associate Justice Date: May 24, 1999 NOTICE OF SHOW CAUSE HEARING A request for criminal complaint naming you as the defendant has been filed in this Court, and a copy of the proposed complaint is enclosed. Before any criminal process issues, the Clerk of the Court will hold a show cause hearing to determine if there is sufficient evidence to require that you be charged with the offense alleged. A clerk's hearing to determine whether criminal proceedings will be commenced against you will be held at the Clerk's Office of the Northeast Housing Court, at 2 Appleton Street, Lawrence, MA 01840 at 02:00 o'clock, Wednesday, June 09, 1999. At the hearing you may present your side of the matter, bring witnesses, and be represented by an attorney, if you so choose. ELMS: SCH-SCAUSE PA4 J. Burke Clerk Magistrate ,.'' .. Co REQUEST FOR CRIMINAL COMPLAINT FOR STATE SANITARY CODE VIOLATIONS To any Justice or Clerk Magistrate of the Northeast Housing Court: on behalf o was a Commonwealth, on oath complains that: is the owner of residential premises locat at On 17 -7 ` 199cl, a representative of the �/�, ;*�� �►:-�� .��."- /�� ��i�� �- Program inspected the said premises and determined that the dwelling did not comply with the provisions of Article II of the State Sanitary Code, 105 C.M.R. §410.000; On 199`71-, pursuant to §410.832 -.833 of the Code, the defendant was served with a written order to comply; On A�, 1997 , and from day to day thereafter the defendant has failed to comply with the order, each such day being a separate offense and a separate and distinct count of this complaint; all in violation of State Sanitary Code, 105 C.M.R. §410.910-.920, and the public health law, Gen.L. c.11l §127A, and the defendant did so willfully, intentionally, recklessly or repeatedly. Date o lainant Assigned for hearing on 199 at off -0,) o' clock On hearing [Complainant] [Defendant] [both parties] [neither party], I find no probable cause for the complaint. Process shall not issue. On hearing [Complainant] [Defendant] [both parties] [neither party], and Complainant having sworn or affirmed that the Complaint is true upon information and belief, I find probable cause, and order summons to issue returnable Date -5- -.�5/9r Clerk/Magistrate May 21, 1999 Town of North Andover Community Development and Planning Susan Ford, Health Department 27 Charles Street N. Andover, MA 01845 Re: Property located at 75 Main Street, 3fd Floor Dear Susan, This is to inform you that the tenants, Ms. Brittny Mailhot and Ms. Jaime Ellis located at the premises of 75 Main Street, 3`d Floor have been evicted and as of May 16`" they are no longer tenants residing at this address. On Monday morning, May 171h, 1 requested the presence of a Police Officer to accompany me to the apartment in case they were still there in order to eliminate any confrontation. Yesterday morning, another Police Officer met with me at the apartment in order to file a police report against them for damages to the apartment and plumbing. Since you are familiar with the apartment, l would like to set up a time so my husband and l can meet with you so you can see the damages they did prior to their leaving. We feel this is necessary so when we bring them to court you will be able to testify of the condition you witnessed while you were there. You see, before they left they decided to kick a hole in one of the walls, punched in three or four holes in another wall. Removed the drains and threw rocks from a fish tank in the drains, tore a closet door off the hinges, pushed in other holes into a bedroom door, left trash scattered throughout the halls, broke door knobs and dead bolts including the security door downstairs and jammed some of the storm windows off their tracks. Since December they have never thrown their trash out for pick up, tenants witnessed them throwing beer bottles from their windows, threw rocks from the tank off their balcony along with other trash including food. They had broken the security door downstairs prior to this incident, this was the second time. They have been harassing our other tenants continuously during this time and making my life miserable. As you ,know, 1 had refused to go and do any repairs you requested because 1 believe they were using you and unfortunately the system in Massachusetts protects the tenants, not the owners. Now that they have left, I have other things in there to do such as painting and taking care of the damages they caused. During this time, my husband and i have already picked out another floor for the kitchen that we'll be putting down. This will all happen over the next few weeks. prior to us renting it again, we will again contact you to set up a time so you can see that the few things you were concerned about were taken care of. I understand that you have to do your job but you have to understand the point of view of an owner or landlord. The laws in Massachusetts are not good and over the years, bad tenants learn how to work the system knowing it will be in their favor. 1 don't work this way. 1 will not have a tenant treat me or our other tenants this way and 1 won't go through the courts to handle the matter to evict someone but 1 will take them to court for damages they did. I will contact you shortly to set up a time so we can all meet at the apartment before we start any work that needs to be done. Then, as i said, I will contact you again prior to us renting the apartment. Thank you for your cooperation with this matter. cerely, l My Huss Sent via: Fax Certified Letter Tatamttr/32-33 REQUEST FOR CRIMINAL COMPLAINT FOR STATE SANITARY CODE VIOLATIONS To any Justice or Clerk Magistrate of the Northeast Housing Court: on nena.i z o zni Commonwealth, on oath complains that: �vc�' y e? ✓mss, moi? 4Je.s�,S�.t�. P. (.i� �c ��a,.,; A-) t4 was and is the owner of residential premises located at On / , / `7,7 -7 1 199 , a representative of the /1/,,;r�, �?,-� - Program inspected the said premises and determined that the dwelling did not comply with the provisions of Article II of the State Sanitary Code, 105 C.M.R. §410.000; On 14 '' , Q, , 199`71-, pursuant to §410.832 -.833 of the Code, the defendant was served with a written order to comply; On Ae,,%l,?; , 1997 , and from day to day thereafter the defendant has failed to comply with the order, each such day being a separate offense and a separate and distinct count of this complaint; all in violation of State Sanitary Code, 105 C.M.R. §410.910-.920, and the public health law, Gen.L. c.11l §127A, and the defendant did so willfully, intentionally, recklessly or repeatedly. a r �r Date Io lainant Assigned for hearing on �,1y,VZ % 199 , at c?',0J o' clock On hearing [Complainant] [Defendant] [both parties] [neither party], I find no probable cause for the complaint. Process shall not issue. On hearing [Complainant] [Defendant] [both parties] and Complainant having sworn or affirmed that the upon information and belief, I find probable cause, to issue returnable /- Date [neither party] , Complaint is true and order summons Town of North Andover NORTN OFFICE OF t , 320e�t��o 'e• ti0L COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 '� 9S WILLIAM J. SCOTT 3ACHSgCHUSEt Director (978) 6889531 Fax (978) 688-9542 NORTH ANDOVER BOARD OF HEALTH ORDER Issued under the provisions of the State Sanitary Code, Chapter II, Minimum Standards of Fitness for Human Habitation, 105 CMR 410.000. Date: March 3, 1999 Property Owner: Judy Bussy 47 Westshore Road Windham, NH 03087 Property Location: 75 Main Street North Andover, MA 01845 An authorized inspection was made of the property at the above address by North Andover Health Department personnel on March 1, 1999. This inspection revealed violations of certain regulations of the State Sanitary Code, Chapter II, as listed on the attached Violation Form. You are hereby ORDERED to correct these violations within the time allotted on the enclosed form. Failure to comply within the allotted time period may result in a criminal complaint against you in the Lawrence District Court and may result in an assessment of a fine. 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 witness and documentary evidence as to why this order should be modified or withdrawn- ''All affected parties will be informed of the date, time and place of the hearing and of their right to inspect and copy all records concerning the matter to be heard. You may be represented by an attorney. You also have the right to inspect and obtain copies of all relevant records concerning the matter to be heard. %U/san Ford Health Inspector BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTIi 688-9540 PLANNING 688-9535 VIOLATIONS TO BE CORRECTED WITHIN TEN (10) DAYS OR A SIGNED AGREEMENT FOR CORRECTION MUST BE SUBMITTED TO THE HEALTH DEPT. NO LATER THAN SEVEN (7) DAYS FROM RECEIPT OF THIS ORDER: VIOLATION REGULATION Kitchen floor in disrepair, Peeling, 410.500 holes and cracks ■ Floor must be free from defect and cleanable Repair or replace floor Kitchen ceiling tiles missing, leaks 410.500 from the roof evident over refrigerator and in dish area. ■ Roof must be free from leaks Repair roof in a workmanship like manner Kitchen, dish washing area, lower area 410.500 of the wall exposed from old repair ■ Walls must be in,good condition Repair wall as needed Windows throughout apartment in 410.501, 551 various stager of disrepair. Missing screens, not weather tight, difficult to open and close. Note: dining room middle window, hanging dangerously ■ All windows must be weather tight, well fitted to keep rain or wind from entering, easy to open and close, have all glass panes in place, and screens for ventilation Repair or replace windows throughout as needed Common Hallway - some areas of plaster over 410.500 the stairway cracking and falling ,.. ■ walls and ceilings must be free from defect Repair areas as needed Common Hallway - found very dirty and dusty 410.602 i The owner shall maintain the common hallways in clean and sanitary condition Clean Hallway Cc: Owner File REINSPECTION Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director (978)688-9531 Date: March 31, 1999 Property Owner: Judy Buss 47 Westshore Road Windham, NH 03087 �N0RTN� o Fax(978)688-9542 Property Location: 75 Main Street North Andover, MA 01845 An authorized inspection was made of the property at the above address by North Andover Health Department personnel on March 1, 1999 and an ORDER LETTER was sent to you dated March 3`d This inspection revealed violations of certain regulations of the State Sanitary Code, Chapter II, as listed on the attached Violation Form. Since you received the letter on March 8, 1999, this department has received one verbal and two written correspondence from you. The first letter was dated March 15th and detailed your intentions for correction of the noted violations. The second dated March 31St revealed that no progress has been made due to family issues. Please be advised that you have exceeded the time allotted for correction and/ or providing proof of previous work done (such as the roof repair). I am extending to you an additional seven (7) days from receipt of this letter in good faith. If all issues are not repaired or contracted for repair and proof submitted, you will be requested to appear at the next regularly scheduled Board of Health meeting. Sincerely, san Ford Health Inspector CC' renter Sandra Starr, Health Agent File BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT AND SERVICES 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director (978)688-9531 Date: May 3, 1999 Property Owner.- Judy wner: Judy Buss 47 Westshore Road Windham, NH 03087 4 It -1 0 0 T A ♦ o Y �9SSACHUSEta Fax(978)688-9542 Certified #Z115794818 Property Location: 75 Main Street North Andover, MA 01845 An authorized inspection was made of the property at the above address by North Andover Health Department personnel on March 1, 1999 and an ORDER LETTER was sent to you dated March Td The inspection revealed violations of certain regulations of the State Sanitary Code, Chapter Il. Concerning the Order, the Health Department has been in receipt of correspondence from you indicating that you intended to correct the violations, however, due to a personal matter you state that you have been unable to comply with the Order. In a second letter from this department an extension of (7) seven days was given to complete the corrections as a sign of good faith. Subsequently, in a conversation with the Health Inspector, you again indicated that you could not complete the work as requested due to the illness of a family member. To date you are over (40) forty days past the original due date. Failure to comply with an Order to Correct, concerning the State Sanitary Human Habitation Code, will result in a complaint issued by this department to the Lawrence District Housing Court. This letter will be the final correspondence from this department in an effort to avoid future action. A complaint will be issued by this department if an inspection of all completed repairs is not requested by you and conducted by a representative of this office by Monday May 17, 1999. If you have any questions, please do not hesitate to contact the Health Department t 688-9540. i ,Susan Ford Health Inspector cc: Brittany Mailhot, renter Sandra Starr, Health Agent File BOARD OF APPEALS 688-9541 BUILD[NG 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 TO DATE TIME • �J �/ �7 z JQPMAM �O[ �J p FROM AREA CODE EXT. E M E S s E A 44 �I G Q E SI ED PHONE CALL BACK TURNED CALL E] WANTS TO SEEYOU 0 WILLCALL E] AGAIN WASIN � URGENT O Town of North Andover OFFICE OF COMMUNITY DEVELOPMENT ANIS SERVICES 27 Charles Street North Andover, Massachusetts 01845 WILLIAM J. SCOTT Director (978)688-9531 May 3, 1999 Brittany Maiihot 75 Main Street North Andover, MA 01845 Dear Ms. Mailhot, NOR71y� i OR 'e, Fax (978)688-9542 Certified #2115794819 This correspondence is in regards to an anonymous complaint received at the Health Department concerning the disposal of garbage from your apartment at 75 Main Street. An inspection of the rear hallway revealed multiple bags of garbage at your exit door on the third floor. There was also a smell associated with this garbage. Please be advised that you are to remove this material and that this is not a suitable location for storage. Please keep all trash within your premises until you are able to take it to the outside receptacles. Proper storage of garbage is a public health issue. Continued violations could result in further action by this department. Thank you for your cooperation in this matter. If you have any questions, please do not hesitate to call the Health Department at 688-9540. Sincerely, Susan Ford Health Inspector cc: Judy Buss, Owner BOARD OF APPEALS 688-9541 BUILDING 688-9545 CONSERVATION 688-9530 HEALTH 688-9540 PLANNING 688-9535 X93-��a � �s��,w ���-v SENDER: ■ Complete items 1 and/or 2 for additional services. to ■ Complete items 3, 4a, and 4b. N e Print your name and address on the reverse of this form so that we can return this card to you. ■ Attach this form to the front of the mailpiece, or on the back if space does not 4) permit. a write "Return Receipt Requested" on the mailpiece below the article number. t ■ The Return Receipt will show to whom the article was delivered and the date delivered. C I also wish to receive the following services (for an extra fee): 1. ❑ Addressee's Address 2. ❑ Restricted Delivery Consult postmaster for fee. 0 3. Article Addressed to: 4a. Article Number �03 d CL 4b. Service Type 0 Judy Buss1' ❑ Registered 47 Westshore Road ❑ Express Mail Windham, NH 03087 ❑ Return Receipt for Merchandise 7. Date of Delivery V H PS Form 8. and fee is CR Certified ❑ Insured ❑ COD (Only if requested 1, December 1994 102595-98-8-0229 Domestic Return Receipt UNITED STATES POSTAL SERVICE First -Class Mail S Postage & Fees Paid USP Permit No. G-10 • Print your name, address, and ZIP Code in this box • Town of North Andover Board of health 27 Charles Street North Andover, MA 01845 �'� �I�Iti!l i1��Ei�it�it�l �l lllttllll�ll FliFl�ti �iiillll!!llii£i!! FAX TRANSMISSION TO: Susan Ford Health Department FROM: Judy Buss DATE: March 31, 1999 Re: Notice dated March 3, 1999 Property located at 75 Main Street Susan, T just wanted you to know that 1 have not had a chance to get down to Main Street regarding windows, halls or the access panel. I did try and call the tenants a couple of times but their phone just rings even though they have an answering machine. My mother's going in the hospital on the 5" for surgery on the 6's. She has a bad heart so I've been bringing her around the last couple of weeks for her EKG, Xrays, Labs and twice to donate her own blood for the surgery. When she goes into Holy Family next week I'll try my best to go down and put the access panel back and I'll find someone to do the halts. As for the storm windows, I may have some to fit but T'm not sure. 1 need to get down there and check as soon as T can. I'll be gone again a)l day today but if you have any questions, please contact me at (603) 893-6822. Thank You, J dy Buss Taimabr.,ti March 15, 1999 Town of North Andover Susan Ford, Health Department 27 Charles Street. N. Andover, MA 01845 Re: Letter of March 3, 1999 for 75 Main Street, P Floor Dear Ms. Ford, Please see the following in response to your letter of March .1": First, I would like you to know that I have had a problem with the tenants occupying this apartment since the day they moved in, with allowing me access to do repairs. They have constantly cancelled me or would not allow me access unless someone was there. It was always on their terms and time schedules. Not only did they make it difficult for me to do my job, they would make it worse by canceling me. i had plans on 4 separate occasions to go down and see what was needed for the windows, 3 times they cancelled and the 4!h time one of the girls was sick, Every item that you discussed in the notice was already completed or already scheduled to be completed. The only exception to that was the access panel in the pantry which I didn't even know anything about. It was there when they moved in. Since I can never get access to the apartment I have to rely on the tenants to inform me. I have notified the tenants that they will no longer refuse me access to the apartment when it's needed. I always give, every tenant, a minimum of 24 hour notice if not more. Whenever I need access to an apartment, I call the tenant and inform them of the day, what 1 will be doing and an approximate time that I will be there_ I always confirm to make sure they remember or that they received my message. When l arrive, l ring their buzzer a couple of times before'I even enter the building. Before I enter their apartment, I will knock a few rimes and when I open anyone's door I yell out before entering to ensure 1 don't walk in on someone. When I leave t always leave a note to let them I showed up and to inform them on what I did. I never never never would snoop around in anyone's apartment and I would never allow a maintenance person in a tenant's apartment alone unless the tenant has authorized it and it would only be someone 1 trust to be alone in my own house. We maintain our property to the best of our ability. We are not and never have been owners who neglect their .ptWrty and 95% of the time we put off something we want to QUr hox beause we new to do Something at the property. That takes preference and we know it. 1. The floor will be repaired with a match as close to the existing floor as possible within 30 days or sooner_ 2. The ceiling tiles were replaced Thursday, March 4h as previously scheduled with the tenant, The roof had already been scheduled for repair and we were at the mercy of the weather and the roofer's schedule. 'This was completed at the earliest time available and tenants were kept informed completely of status_ 3, The lower area of the wall that is exposed in the pantry area is a panel so the plumber has access to the pipes and bathtub. I don't recall this door being missing when 1 did an inspection of the apartment prior to the tenants moving in. A plywood panel will be screwed into the wall to keep the access available for the plumber by April 1" 4. The building is old and has settled so it is difficult for us to find storm windows and screens that fit properly and we need to look at an alternative solution. If you have any suggestions that could help in this matter, we would appreciate it. i may have other storm combinations available and if I do we will try them. 5. In regards to the hallways, the damage in the halls is due to tenants moving in and out, the last moving out in February with someone else coming in a few weeks ago. 1 believe that if a tenant does damage to any part of a building with moving that they should repair the damage. 1 don't require this of our tenants because I understand that because the ceilings are low that damage will occur so I take the responsibility to repair it myself. 1 don't do this until I know for a fact that everyone is settled otherwise it would be a waste of my time. I am expecting at least one more person to be moving out that is living there illegally. Ante this happens, the halls will be cleaned as already planned. 6. Again, the hallways are dirty and dusty from tenants moving in and out. The tenants occupying both floors have been moving back and forth and when the moving has been completed, then the hallways will be cleaned again. I have attached notifications that are constantly being sent to tenants regarding their responsibilities for trash, etc. It is in everyone's lease that they are to keep halls clear of trash, that their bags be securely tied, barrels to be used, they are not to throw trash over the balconies and that if their trash bag is broken they are responsible for picking it up. I pp {h MintainS tie guards and hallways on a regular basis during spring, Wls a1e A cleaned on an occasional months, � red until the moving is ate not clew halls a m� aid fill, �$ thelia 'nth u„Q,nes tenants ate mOVlns and will be d1�Y basis. Anytime that you cat► clean one 8aY conmplew other u �' If you should have any questions or if you have any suggestions please feel free to Contact me at (603) 893-6822. Sincerely, qudy Buss 47 West Shore Rd Windham, NH 03087 T-antk '19-21 FAX TRANSMISSION 4 sheets including cover TO: Susan Ford Health Department FROM: Judy Buss Re: Notice dated March 3, 1999 Property located at 75 Main Street Susan, Please see attached response to the above mentioned notice. I'll be forwarding to YOU shortly the original plus attachments. If you should have any questions before then, please contact me at {603) 893-6822. Th k You, dy Buss r.' gX& oommonl� of JL"admWmv" r glo& 'Of� -4wwe, 935-2160 Daniel S. Greenbaum vdwly?, 016'01 Commissioner Rep. Larry F. Giordano Massachusetts State House Room 34 Boston, MA 02133 Dear Representative Giordano: September 13, 1989 RE:NORTH ANDOVER-ERB-1488-622 This letter is in reply to your correspondence dated August 15, 1989 regarding J&T Auto �oJf�75 MainStreet; North Andover. The Department has been overseeing response actions at this site since May 1, 1988 at which time approximately 30 cubic yards of contaminated soil was stockpiled on site. The soil was excavated so a trench could be dug to remove gasoline from an adjoining basement. The Department has, on several occasions, explained to Mr. McIlheney the -possible disposal options for the stockpile of soil. Mr. McIlheney had obtained approval from the Department on October 31, 1988 to move the soil to a recycling facility but the facility declined to accept the material. In response to your letter, on August 22, 1989, the Department has again contacted Mr. McIlheney and explained the disposal process to him and will be working to facilitate this matter. EPK/DO/ram Very truly yours, ardP.unce Regional Director Original Printed on Recycled Paper 0EL THF f)EP.4 iJcEt!T OF Ct1vJR0NR1iEWT;:t- pr-jOTCCTION �'S' fr j / n r �P�Jartine�t 5 9Z& CommvmoeaM e!1ffaNs.ackm&&,1 /,- Xet1w1Wma1z1 cS-/t (,)om1non,6liealf/L Je!?lGPi Daniel S. Greenbaum %PPtICC/al Awwckm& 01c%i Commissioner 935-2160 J & T Auto Service 77 Main Street North Andover, MA 01845 Attention: John A. McElhiney Dear Sir: March 15, 1989 RE:NORTH ANDOVER-ERB-N88-622 SITE REFERRAL The Emergency Response Branch of this Office has received and reviewed information/data relative to contaminant conditions at 77 Main Street, North Andover, MA. Such information/data was collected subsequent to a determination that a release of gasoline had occurred at this site. This incident was investigated by personnel from the Emergency Response Branch of this Office on May 4, 1988. At that time, you were issued a Notice of Responsibility pursuant to M.G.L. c21E and you accepted such responsibility for the release. This letter is intended to notify you in writing that: (1) contaminant conditions at this location render the site an "LTBI" (Location To Be Investigated) pursuant to the Massachusetts Contingency Plan (MCP), 310 CMR 40.520(1); (2) a decision on the final disposition of the site will be made by the Site Management Branch of this Office after all the pertinent data and response actions have been evaluated. Pending final determination of the site disposition: (1) About 30 cubic yards of contaminated soil presently stockpiled on site, will be removed for disposal in corgpliance with the existing "DEQE Soil Policy" and photocopies of the waste manifests submitted to this Office. (2) Groundwater and subsurface soils cannot be considered "clean". Therefore, no excavation and removal of soils or pumping of groundwater from the site should occur without prior DEQE notification and approval. Site Disposition The Emergency Response Branch of the Department has concluded that at this time there is no need for any further emergency response actions at the site. However, there are still concerns that further remedial measures could be required at the site after a detailed evaluation of the long term environmental/publ'ic health impact of the contaminant conditions at the site. The case is therefore being referred to the Site Management Branch of this Office for further investigation. 100 % Recycled Paper Page 2 Be advised that all further investigative and/or remedial response measures at ' this site must conform with the provisions of 310 CMR 40.00, the Massachusetts Contingency Plan (MCP). As a first step in this process, you are advised to contract with a professional environmental consultant firm to conduct a Preliminary Assessment (40.541) and a Limited Site Investigation (40.543) as defined in the MCP, and submit the results of your findings to the Site Management Branch. Subsequent to the completion of the above site activities, no further investigative and/or remedial response actions may be initiated at this site without specific approval from the Site Management Branch unless a "Waiver" application is filed and approved by the Department pursuant to the provisions of 310 CMR 40.537. Finally, be advised that 310 CMR 40.520 and recent statutory amendments to M.G.L. Chapter 21E compel the Department to publish the addresses of all sites and locations of confirmed or suspected releases of oil/hazardous materials to the environment. Contingent upon an additional review of available incident/site information, this location may be included on a future list publication. If you have any further questions, please contact the Site Assessment/Cleanup Section Administrative Assistant at the letterhead address or 935-2160. All future communications regarding this matter must reference the DEQE case number ERB-N88-622. r tru s, Daniel ttenheimer E vironmental Engineer Richard J. lalpin Deputy Regional Environmental Engineer RJC/DO/ram DEQE, OIR, 1 Winter St., Boston, MA 02108, Attn: Frank Sciannameo BOH, Town Building, North Andover,.MA 01845 BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 William Buss - 73 Main Street #3: TEL. 682-6483 Ext. 32 or 52 Ms. Conboy stated that she did a re -inspection and everything was fine. She sent him a compliance letter and the case is now closed. BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 DISCUSSION: WILLIAM BUSS - 73 MAIN STREET #3: TEL. 682-6483 Ext. 32 or 52 Ms. Conboy informed the Board that Mr. Buss, at the present time, has not notified the Board that a re -inspection is in order. The property at 73 Main street #3 should not be rented until a re- inspection transpires. The Board recommended that Ms. Conboy send a letter to Mr. Buss stating that the Board agreed to allow five 051 mnr_a rIav--_-in which to contact this office and arrange for a re -inspection of his property at 73 Main St. #3 tc determine compliance or noncompliance. BOARD OF HEALTH A 120 MAIN STREET TEL. 682-6483 9 < NORTH ANT)C)VFR . MA q4 01 PAA Fvr I7 .,,- K7 CASE# 16 DATE: August 6, 1991 TO OWNER OF RECORD Mr. Michael Buss 47 West Shore Drive Windham, N.H. 03087 LETTER OF COMPLIANCE PROPERTY LOCATION 73 Main Street, #3 North Andover, MA 01845 A Health Department ORDER LETTER dated March 28, 1991 was issued to you as owner of the record of the property listed above. A reinspection of this property on August 2, 1991, indicated that the Chapter II State Sanitary Code Violations described in the ORDER LETTER have been corrected and that there is compliance with the ORDER LETTER. A copy of this letter is being sent to the persons) who made the complaint. If the complainants have any questions concerning the Health Departments determination of compliance, they are advised to call or write the Board of Health within ten (10) days from the date of this letter. *Ver,. -truly yours, Allison C. Conboy, R. CHO Health Administrator ACC/cj p 3- L2 - BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 COMPLAINT FORM DATE: CASE# COMPLAINANT: # ADDRESS: Alwl- PHONE COMPLAINT: 04 14 4 4 OWNER: A D D R E S S PH NE # ACTIONS: 9 P., f4f I oe A 4 go 9 A - ZA MAX Mel MWA rMA.- Flu Ilii[ "iceORm. IrA I NMI" DATE OF INSPECTION: M 0 SENDER: Complete items 1 and 2 when additional services are desired, and complete items ,ard 4.;.__ . Put your address ijig "RETURN TO" Space on the reverse side. Failure to do this will prevent this card romVeing returne. U. The return Ortei t fee will provide you the name of the erson delivered to and If ttie'd6te of deity r additional ee a following services are available. onsuIt postmaster for fees -and check b ; dditional service 1 r sted. 1. ❑ Show ,m4 m .. delivered, dat ssee's address. 2. ❑ Restricted Delivery - (Extra cha ge) (Extra charge) 3. Article Addressed to: 4. Article Number P-604 728 961Type Mr. Michael BUSS of Service: ❑ Registered ❑ Insured 47 West Shore Drive Windham, N. H. 03087 ❑ Aertified ❑ COD ❑ Express Mail ❑ Return Receipt for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED. 5. Si it — Addres 8. Addressee's Address (ONLY if X requested and fee paid) 6. Si nature — Agent X 7. Date of Delivery PS Form 3811, Apr. 1989 * U.S.G.P.O. 1989-238-815 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name, address and ZIP Code in the space below. • Complete items 1, 2, 3, and 4 on the reverse. • Attach to front of article if space permits, otherwise affix to back of article. • Endorse article "Return Receipt Requested" adjacent to number. !S -.MA O PENALTY FOR PRIVATE USE, $300 RETURN Print Sender's name, address, and ZIP Code in the space below. TO N. ANDOVER BOARD OF HEALTH 120 MAIN STREET N. ANDOVER, MA. 1845 P-604 ? TIFIED MAIL RECEIPT FCoVEPAGE OR CER NO ND FOR RJTERNA 0NAL MAILED (See Reverse) 120 t shown"! , -- a% Date. and Address of Delivery NORTH AN me and Fees s 2- 29 �. T.oTAL Postage o Postmark or [)ate o . �.. g"1 HEALTH DEF ; sent4�1/ _ 0 .,�..� U. to Issued under -provisions of The State Sanitary Code, Chapter II Minimum Standards of Fitness for Human Habitation 105 CMR 410.000 Date: March 28, 1991 To Owner of Record: Mr. Michael Buss 47 West Shore Drive Windham, N.H. 03087 Complaint #16 Property Location: 73 Main Street, #3 North Andover, MA TEL: 682-6483 Ext. 32 or 33 An authorized inspection was made of your property at the above address on March 27, 1991 at 10:30 a.m. This inspection revealed violations of certain regulations -of the State Sanitary Code, Chapter II, as listed on the attached Violation Form. You are hereby ORDERED to correct these violations within twenty- one (21) days from the date of service of this order. Failure to comply within the allotted time period may result in a criminal complaint against you in the Lawrence District Court and may result in an assessment of a fine. You have a right to request a hearing before the- Director of Public Health if you feel this order should be modified or withdrawn. This request must be made by you in writing within seven days after this order was served. If you request a hearing, 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. The petitioner has the right to be represented at the hearing. - Lt���CL� Allison C. Conboy, CHo Health Agent �� r ' . DATE OF ORDER: TO: Mr. Michael Buss 47 West Shore Drive Windham, N.H. 03087 LOCATION: 73 Main Street, #3 North Andover, MA 01845 VIOLATIONS TO BE CORRECTED NO LATER THAN TWENTY-ONE DAYS FROM RECEIPT OF THIS ORDER LETTER UNLESS OTHERWISE NOTED. VIOLATION REGULATION REINSPECTION *1. The following temperatures were recorded: 410.201 Livingroom - 65.5 degrees fahrenheit Kitchen - 65.6 degrees fahrenheit i` I Dinning Room - 66.6 degrees fahrenhei - You must provide heat in every�kom containing a toilet, shower, or bathtub to at least 68 degrees fahrenheit between 7 a.m. and 11 p.m. and at least 64 degrees fahrenheit between 11:01 p.m. and 6:59 a.m. (24 hours). Bedroom #1- 2. The paint around both sides of the door frames on the front wall of the room, and around the windows is chipped, cracked and peeling. The walls in the closet are chipped and peeling. You must repair/restore walls, etc. to a condition free from holes, cracks, loose plaster, or other defects. 3. The windows are not weathertight, sash cords are broken or otherwise missing and locks do not function property 410.500 410.501: Weathertight Elements (A) A window shall be considered weathertight only if:. (1) all panes of glass are in place, unbroken and properly caulked; -and (2) the window opens and closes fully without excessive effort; and (3) exterior cracks between the prime window frame and the exterior wall are caulked; and - (4) one of the following conditions is met: (a) a storm window is affixed to the prime window frame, with chaulking installed so as to fill exterior cracks between -the storm window frame and the prime window frame; or -- _ (b) weatherstripping is applied such that the space between the window sash and the prime window frame is no larger than 1/16 inch at any point on the perimeter of the sash, in the case of Page 2 casement windows; or (c) the window sash is sufficiently.well-fitted such that, without weatherstripping, the space between the window sash -and -the prime window frame is no larger than 1/16 inch at any point on the perimeter of the sash in the case of double hung windows and 1/32 inch in the case of casement windows. VIOLATION REGULATION REINSPECTION 4. The walls in the closet are cracked, 410.500 chipped and peeling. You must repair/restore walls, etc. to a condition free from holes cracks looseP laster or other defects. 5. The paint around the front door frame is chipped and peeling and the wall at the front entry is gauged, plaster is peeling. You must repair/restore walls, etc. to a condition free from holes, cracks, loose plaster or other defects. 6. The paint on the baseboard in the front hallway and in bedroom #1 is chipped, cracked, and peeling in areas. You must repair/restore walls, etc. to a condition free from holes, cracks, loose plaster or other defects. Dinning Room: Middle window - the sash cord is broken Left window - the sash cord is broken Restore windows to a weathertight condition. See #3 weathertight elements. 8. The paint on the windowsills is chipped and peeling. You must repair/restore walls, etc. to a condition free from holes, cracks, loose plaster or other defects. Page 3 410.500 410.500 410.501 64 410.500 VIOLATION Living Room: 9. The livingroom windows are not weathertight. You must restore all windows to a weathertight condition. 10. The paint around the windowsills is chipped and peeling. You must repair/restore walls, etc. to a condition free from holes, cracks, loose plaster or other defects. 11. The ceiling light is inoperable. You must repair the fixture to operate properly and according to the State Electrical Code. 12. The electrical outlet is missing a coverplate. - You must ensure all electrical outlets have coverplates. 13. There is a waterstain around the windows on the front wall, evidence of water activity. You must determine the source of water activity. Eliminate the source and restore the to the condition it was in prior to the occurrence of the violation. Kitchen: 14. The kitchen floor around the stove is not sealed at the junction of the floor and the wall. The linoleum on the kitchen and pantry floors is cracked, chipped, buckling, and peeling. You must restore the floor to the condition it was in prior to occurrence of the violation. Free of defects. 15. The pull cord for the ceiling light is missing. Page 4 REGULATION REINSPECTION 410.501 7-'V-41 &/ 410.500 611 q�,� I � W/ 410.250(B) 410.351(A) 0� �,�-qj VL1 410.351 410.500 410.500 W-q--I2Al � 410.351(B) 6� f�vqj VIOLATION You must provide a means of controlling the light (Please -note,- the -.tenant claims that this light is inoperable). 16. The ceiling light in the pantry does not work properly and the electrical outlet on the pantry wall has no coverplate. You must install a coverplate on the electrical outlet and ensure that the ceiling light fixture operates properly. *17. The smoke detector on the third floor, rear stairwell is inoperable and the smoke detector outside bedroom #1 is inoperable. You must repair or replace these smoke detectors. 18.- The linoleum in the front hallway is buckling along the junction of the wall. You must restore the floor surface to a condition free of defects. 19. The linoleum floor in the bathroom is chipped, peeling, and buckling around the the junction of the wall. You must restore the floor surface to a condition free of defects. 20. The upper half of the bathroom wall is cracked and unfinished. Repair and/or restore the all to a condition free of defects. 21. The porcelain toilet bowl cover is broken. You must repair or replace the toilet bowl cover. 22. The toilet seat cover is not securely attached to the toilet. REGULATION REINSPECTION 410.351 OVI � 410.482 410.506 Axl 410.500 410.150(D) 410.150(D) Securely attach cover to the seat. The tenant has contacted The Greater Lawrence Action Committee on lead paint for a lead paint inspection *Constitutes a critical violation which may endanger or materially impair the health or safety and well-being of an occupant and must be corrected within twenty-four (24) hours. cc: Fire Prevention; Lt. Donald Fountain Mr. John Pelich Page 6 July 12, 1991 N. Andover Board of Health Allison Conboy 120 Main Street North Andover, MA 01845 To: Ms Conboy Per our conversation during your 07/12/91 inspection of my property located at 73 Main Street, 3rd Floor I am hereby requesting an extension through the first week of August to complete the work needed in the apartment to bring it back to its original condition. I will be in contact with you for final re -inspection upon its completion. If you should have any questions feel free to contact me. Rega s, Michael J. Buss 47 West Shore Road Windham, NH 03087 SENDER: • Complete items 1 and/or 2 for additional services. I also Wish to receive the • Complete items 3, and 4a & b. following services (for an extra • Print your name and address on the reverse of this form so that we can fee): return this card to you. • Attach this form to the front of the mailpiece, or on the back if space 1. ❑ Addressee's Address does not permit. • Write "Return Receipt Requested" on the mailpiece below the article number. 2. El Restricted Delivery • The Return Receipt Fee will provide you the signature of the person delivere to and the date of delivery. Consult postmaster for fee. 3. Article Addressed to: 4a. Article Number Mr. Michael Buss 47 West Shore Drive Windham, N.H. 03087 5. Signature (Addressee) 4b. Service Type ❑ Registered ❑ Insured ET'Certified ❑ COD ❑ Express Mail ❑ Return Receipt for nn—►,— fi.. 7. Date of Delivery --;� — �7— 8. Addressee's Address (Only if requested and fee is paid) PS FFbrm 3811^6vember 1990 *U.S. GPO: 1991-287-066- DOMESTIC RETURN RECEIPT UNITED STATES POSTAL S PM a Official Business PENALTY FOR PRIVATE USE, $300 Print your name, address and ZIP Code here N. ANDOVER BOARD OF HEALTH 120 MAIN STREET N. ANDOVER, MA. 01845 P 844 208 171 Certified Mail Receipt No Insurance Coverage Provided to Do not use for International Mail UN DSTATES (See Reverse) POSTAI SEMCE Sent to Michael Buss Street & No. 47 West Shore Drive P.O., State & ZIP Code Windham N.H. 03087 Postage 2.29 Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to Whom & Date Delivered Return Receipt Showing to Whom, Date, & Address of Delivery TOTAL Postage & Fees 2.29 Postmark o a v sent 7/5/91 � o C, r (asJanad) 0661 aunt '008£ w10j Sd Rc n N ui" N 0 Q W 05 c m 6 CL W Ny L U p C T C A y N g 6 'E 2 y 'fl o 'o pEp C.3 0 Y N N'- � o m o = oy E a 2 =w va 6 W N p 2M r – �j V O. Cr U Q W d m N Q C C c�W E v �c°i a —6 w oc 2- Z �Co wed oa o 0 oa v EE nn a J 2 N V N r '0-2 C N<e y C Vr Q t0 C rO L d d Y a Y 2 0 E QVl C a Y� x C y� .U-. O hY N !F- U o = E j v ._ r _ _ m V+ U O = d O' CO 0 'i C N t"1 N rnLa w i _-'� c 2 E c W Zf N m o� me —cai dJ�aEQ 'yic,...m c a� v cQ �� c m c C y N d Q f0 p ._ W O N y d C ..O_ d r N Cm C7 - N m 4 N 6 2 tD ?v`Stco ,b.NO °p BOARD, OF HEALTH 120 MAIN STREET TEL. 682-6483 9SSACHUSNORTH ANDOVER, MASS. 01845 Ext. 32 or 52 July 3, 1991 Mr. Michael Buss 47 West Shore Drive Windham, N.H. 03087 Dear Mr. Buss: On April 23, 1991, the Board of Health sent you a letter outlining modifications to the order letter issued to you on March 28, 1991. The compliance dates for the. order letter and subsequent modifications has passed. At their meeting on July 2, 199.1, the Board of Health agreed to allow you an additional five �5)I''days (from receipt of this letter) in which to contact this office and arrange for a re- inspection of your property. at 73 Main Street #2, to determine compliance or noncompliance. Failure to comply within the extension period granted and/or noncompliance upon re -inspection will result in a court complaint being filed against you with the Lawrence District Court. Your anticipated cooperation in this matter is appreciated. Very truly yours, �1 9 Allison C. Conboy, R CHO Health Administrato ACC/ cj p /NORTH q O t��.o ,6 4I0 0 0 A M Z Y • 04 CCC �J BOARD OF HEALTH 120 MAIN STREET TEL: 682-6483 NORTH ANDOVER, MASS. 01845 Ext. 32 or 33 9:00 - HEARING - MICHAEL BUSS - RE: VIOLATIONS OF STATE SANITARY CODE, CHAPTER II• Ms. Conboy updated the Board with a complaint from a tenant at 73 Main Street #3, and the results of an inspection of the premises. Mr. Buss was present and a lengthy discussion ensued in reference to an order letter sent to Mr. Buss regarding a number of def iencies in the unit, some of them being critical violations. Ms. Conboy stated that the critical violations have been corrected. Mr. Buss requested a hearing to discuss these issues with the Board and wanted the Board to waive some of the violations. On a motion by Mr. Osgood, seconded by Dr. MacMillan, the Board voted unanimously to the following modifications to the order letter dated March 28, 1991: 1) To submit documents to the Health Office as evidence that the tenants at 73 Main Street #3 have vacated the unit. That the unit remain vacant until the Board of Health reinspects and deems the premise in compliance with the State Sanitary Code. 2) All violations noted on the March 28, 1991 order letter must be corrected by June 13, 1991 and to notify the Board of Health when all violations are corrected in order that a reinspection may be conducted. n c`J)1-6 C `i I I & I Cl OLS 1O X i \7�p04 BOARD OF HEALTH 120 MAIN STREET TEL: 682-6483 NORTH ANDOVER, MASS. 01845 Ext. 32 or 33 April 23, 1991 Mr. Michael Buss 47 West Shore Drive Windham, N.H. 03087 Dear Mr. Buss: The Board of Health, at their meeting of April 18, 1991, voted to make the following modifications to the, Order Letter issued to you on March 28, 1991: 1) You must submit documents to this office as evidence that the tenants at 73 Main Street #3 have vacated the unit. Furthermore, the unit must remain vacant until the Board of Health re -inspects and deems the premise in compliance with the State Sanitary Code. 2) All violations noted on the March 28, 1991 Order Letter must be corrected by June 13, 1991. Please notify the Board of Health when all violations are corrected in order that a re -inspection may be conducted. Please feel free to ,c/ontact me with any questions you may have in connection wit"is matter. V ry truly yours, Allison C. Conboy, .S ; CHO Health Administrat ACC/ cj p k BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 April 10, 1991 Mr. Michael J. Buss 47 West Shore Road Windham, N.H. 03087 Dear Mr. Buss: TEL: 682-648,; Ext. 32 or 33 The Board of Health is in receipt of your letter requesting a public hearing regarding your property at 73 Main Street, #3F North Andover, MA.. You have been granted a public hearing at which time you will be given the opportunity to be heard. Thc- hearing is scheduled for Thursday, April 18, 1991 at 9:00 p.m. at the Town Hall, Library Conference Room, 120 Main Street, Nort`, Andover, MA.. Please be advised that no variances regarding this may be granted by the Board of Health at this meeting as your requet for a hearing does specifically request a variance. If you have any questions in connection with this matter, please feel free to contact me at the above number. Very truly your6TI46il s, AN,,P m C, Allison C. Conboy, R.S..; CHO Health Administrator ACC/cjp BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 M E M O R A N D U M TO: Bob Nicetta, Building Inspector FROM: Allison C. Conboy, Health Administrator RE: 73 Main Street, #3 DATE: March 29, 1991 TEL 682-6483 Ext. 32 or 33 A housing inspection conducted on March 27, 1991 at 73 Main Street, #3 revealed questionable electrical and plumbing connections. In order for the Health Department to properly cite any violations that may exist, I am requesting the assistance of your inspectors. Also, 73 Main Street, Unit #2 has filed a complaint with this office regarding the rear deck as an unsafe structure. I have advised the complaintant to contact .your department with this complaint, as it is more a building issue than a health issue. Please have your inspectors contact me so that we may set up a mutually convenient time for an inspection of unit #3. Thank you for your cooperation. ACC/cjp i 4 March 27, 1991 Mr. Michael J. Buss 47 West Shore Road Windham, New Hampshire 03087 Re: 73 Main Street, Third Floor North Andover, Massachusetts 01845 Dear Mr. Buss: Receipt of your attached, dated March 25, 1991 is acknowledged. The following issues are a response to your letter. To begin with, your letter dated March 25, 1991 states that "Shari LaFitt and Company are not recognized as tenants per the original signed agreement", dated October 1, 1989, a copy of which is attached. Please be advised that Ms. Shari LaFitt is an heir and successor to myself, John Pelich, as defined in Article 7 of the original lease agreement. Therefore, under the agreement, which was signed by you on October 1, 1989, Shari LaFitt is, in my understanding, a legal tenant per our original lease agreement. Secondly, numerous attempts to reach you by telephone have been unsuccessful to date. In addition, Tom Lennon has informed me that he has written to you on several occasions regarding complaints received from me, and he also has been unsuccessful at contacting you. As of late, we have informed your building manager, on a - weekly basis, of our complaints, of which he has informed us t t To: Mr. Michael J. Buss March 27, 1991 Re: 73 Main Street, N. Andover Page 2 of 3 that he has written to you regarding these matters and you have failed to respond to these matters, as we believe it is your duty, as landlord of these premises, to do. At times, when we have received a response, which has always been by telephone, it has been initiated by Ms. Judy Dorin, who's name, incidentally, does not appear on the original lease agreement. Recently, we have had our gas space heater shut-off and tagged by Charlie Caslow, a technician for Bay State Gas - Company. He informed us, that we were "very lucky that pur baby woke up this morning". As can be expected, this remark startled us and, frankly, we can not understand why you would allow an illegal heater in our apartment, knowing that two children (which you have previously referred to as "and Company"), aged four and one, could become seriously ill as a result. In addition, we can not understand how you, as our landlord, would ever allow the situation to come to this. Pursuant to all of the above, we are hereby advising you that we have decided to withhold all future rent payments until such time as we can exercise our right to assert our legal rights as tenants. All rights that we are currently proceeding with as tenants will be copied to you, in writing, as it becomes available to us. IL M To: Mr. Michael J. Buss March 27, 1991 Re: 73 Main Street, N. Andover Page 3 of 3 Sincerely, . 2,51 John K. Pelich Tenant Enclosures cc: Tom Lennon Allison Convoy Charlie Caslow Chris LaFontaine jct/ I /a/�Zt Shari L. LaFitt, Heir to Tenant March 25, 1991 John Pelich 73 Main Street, 3rd Floor N. Andover, MA 01845 John, Per Shari Lafitt's recorded phone message on March 25, 1991 at 3:35 she stated that she needed to call the gas company earlier today regarding a foot and a half long crack in your space heating unit and that you do not have heat in your apartment because the gas company red tagged the unit. FIRST OF ALL, SHARI LAFITT AND COMPANY ARE NOT RECOGNIZED AS TENANT AS PER THE SIGNED ORIGINAL LEASE AGREEMENT, AS HELD BY YOU, JOHN, PELICH, THE LEASEE. YOU HAD BEEN RECOMMENDED AS A TENANT BY MY BUILDING MANAGER, TOM LENNON WHO'S JUDGEMENT I HAD RESPECTED. As for the damage to the unit, Shari said during her recorded message that Tom Lennon, the building manager (and your good friend) has been told on a number of occasions about your concerns. According to Shari, Tom never responded to your concern of this matter. Shari made it sound as though this has been going on for some time without results. My concern is why you never brought this to my immediate attention yourself. On a number of occasions Judy Dorin had contacted you, on my behalf during my serious illness, about your late rent payments. At no time, was this or any other concern mentioned. All tenants have my home phone number to call in case of emergencies or if you feel that Tom is not doing his job properly or responsibly. You have to understand that it is difficult for me to respond to your requests unless I'm told that the building manager, Tom Lennon, is not doing=his. I also don't understand why it has taken till now, when you've received the summons for eviction for you to come .forward with these complaints. According to the sheriff's office you received your summons prior to Shari calling the gas company and myself. This can only make me wonder what your intentions are. After receiving Shari's recorded phone message, the gas company was immediately contacted and spoke with Virginia Anthony to inquire whether the damage to the space heater was -from normal wear or intentional damage from the tenant. After a number of calls I spoke with the plumbing inspector of Andover who suggested I speak with Mr. Lundgerind, who's very important with the gas company. He will recommend further -action that I need to take in repairing/replacing the space heater. . At 5.10 PM, the same" day, Judy telephoned your residence to' inform you that your stove has a heating element for emergencies that will enable you to continue to heat your apartment till the space heater is repaired or replaced. Judy spoke to a woman who identified herself as Shari's sister. Judy informed her of the stove's capability and left it that you are to contact us if you have any questions. She also told the woman that the heater will be taken care of immediately. Also during Shari's recorded message she stated that there are other concerns that were obviously not taken care of by Tom Lennon. Once again, I do not understand why these concerns were never brought to my attention when you had several opportunities to do so. For your information, I have contacted the police to notify them of the situation at 73 Main Street, 2'nd and 3rd floors and to the possible damages that may be intentional by tenant. This conversation is documented on their files for future need. Within the next week I will be arriving with a police officer to inspect the apartments and concerns you have stated that I was completely unaware of. Again, you are the sole leasee of that residence. Shari Lafitt and company are not recognized as tenants. Regards,: _ Michael J. Buss STANDARD FORM APARTMENT LEASE - (N4 ' '•EXTENDING) Dote •: ,'g .� ' Wayne):. (Adding)r v 3 e y? Reirpf,ont NO. Irk- Lessor.hrreby testes to "t - rj t s: r • :; r: e a-# . °!,' (Address) Y',� . • �.. - : JTefephone NO,i - - ifiarnt)-t' `✓T: �'. -r ..C�rhA.:- ?� .;i - t s -Z::,. _ c`.,`' :'#.°•":"_.}" ,°r,, •_. >•'- .�...'`: J . t Al, � r,{,��'�O }91•S t � Y,:d%=a �� - _ -tL •S.rIS� Q -.,:T �'•.� _ r ..t ,a: _% {•+.-.rte` n, . ;,.- >.'=;4 : SY•:.�'1.:• e•..-,� y ori :r r`/=,1.-'_:.•3,1, n :i s'Sc .4' '-rte :'-'�. , t'=. ~ .. Lcssee,whol+iretrr A'nei A..• < _ •�a.4 •t% ::r. . � .. -' ;:y 'r;ti �s .,r" Y :.za l,'_• .i`".;r'.:� ' ,: i;::_. � . S••.: M=?'�'tz ';y: '� ;,, �__ - {;' s �'�} ••;j�% 3. ,�:.�•••.�,.3•:�,�,�-�=. {.r-«."'.'-iE`�+•l-''# sitit_`i[1. ..'fit i rJ.] r�' :S"'" `- :'_ '=^�-' J��+:r - k- •?• Ific foflowing premsrt.l$tM iAPsrtmtnt) oft Mile) at , . !gr !� L -.1'; � ;'�l;?��t:;;;:^,'x':"jam t '�-.•- -' �_ t t ;_ �! r �: '-`--. �' � •.=:,, • ,. . �� _C.•:,-'i•� -3v_ > `? t�:+�iir,.r h+"'siee.'•:;t'.t,,�`'''i' �.y 'yy�':�r,'•.t'-v. /� %' _T.: -S RMsss'�consn:lr►Ap.- a 4 FY ;� tClty.oT tovvrt3 r 3s, t Lt';� . ._'<t y4y yi,r,�•'y r x�-, ,up •a! ,•! r� •4ii y '. 5 •� ib .. /-_ �J rI- y: .).:: . _ .. ..S;T7;.T�: syn. -.•5,: ilis'�++,� '``•:��3^•yr'.`.'�r ;Ei :: �#!:=,..:�._;...- - — - - - •?i:.`- •u.:'ter,-.-. ._ • . - - {.awl .l ,ii ,'_-. , .,�,� _ ,.,�..,' "{$'�-i:,:.-%.a� • .:s- , t �'N':%� .'cY'•','� ' _ H_ .� fy: ._ _ :_.-� t. Ss )�•y�• F •..f x;••- _ _ i - - <s r.r �. -F./CI '.i £f' c ¢ s c-�InANI� T� !: • . t ..' - for the tttrTt Of •and continuing in iytl eortr and enta after the abort tem Isom reir to yror unts7either the Lessor or Lt�tr' before the Iirsr day of _ ' = in am yea ; pi.ts to the.othri ivrittrn ftvvcY-o1 sntrntion to terminate Mrs ksoe on the test die of_L�17 Ar dirt o►tad rut after t norlcs. en whleh ciie the pease Raabe isTated shsfl tennis 'teen tcotdan"et wrRb ssuch roust Thr rent to be pawky the Ltsue /o► tl a lusedpirasrses Ad . - � .p-: ��� J �L.. � 'a" '•!-+{ rLr ,{ .�tiS -ry� ♦ � � %' x4 at �'r. 'S • � '� - - ;'-ti _ ?rr, :Y .'�•°N•i�{• Yi6,.. .'�. _y.. ���r. `i .sT • . k L ••r% r 'Vr �t .� �` � t'-''•�.4 � �iil�h e'a Y..1'= '�4 £a• �' �t=_ _....r.et.;`..• _:.:t--• �O•..�.�� .•A;• • _ RENT A ?he tint► rent shatl be = SG. payable. t=apt as 144ln othei" ptovlded.In Instal tmtnls s>i S. •,+� 1- V •� r on t9le rdsy of ere ry enonth�in adn*+ce. so tong as the least 1s in toles and effect: `` x _ . rr _ _ `§ti.r, - Y :ti y'. _ +- . �'y{::T.-+ Ter- o^_ -•r -.t.: •,,N.. 0. •y 2- I In any tilt Ycar somr+cncinD wsth test fuui year the rest sate esus on else ls+ld r,nd buSn� of f ,_ _. `vhid►the'4asedp►einhestri i pari.arc.n tasesi of the srnasnt of the teal titate Uut t itmon or4;t Irv" year _. Y • fhcre;n pied the "8ric Year `. and being t3+e t;; i :e<int ytor`I khrcf� Laxsor bas a<tu nr etctivtd a tesi'sstste tax bili for the listed �isesl�Lssset tn'It pry to Lessor as additional tent herwoi r, iJhen end as designated by:etaftce in tvribrag �. by Lessor. .. L per cent of such excess . st frisv occurin each Year of t!►t tine of this Lase or any esrtension or _ y I ENANT: - rcntwat _iheTaof and proportions tett' for any paK of s fis:�t year, The Lessor stprrunb to ria Unit that the term rtnt at :. This section governs forth sn tht immrd,attly precttding paragraph (A) does not refract any teat ertett est increase st:bsegrtnt to the said tam Hent payments. to Year. Notwithstanding anything eontsinedhertin to the conttary.the Lestee shall be obtigated to pay only that preponion Of - - somir casts, rent such increased tax as the unit tested by him bears to tht whole of the ml state so Uxed. srtd if the Lessor obtains an abate. pedrmt.tts may in- mtnt of tht real trate tate levied on the YAote of_ tht seal estate of which the writ leased by Lessee is a part. a propon;onste crease during the share of such &baitment, less reasonable a'lorntyls tees, if any. sM1Ybe refunded to said Lessee. It ase term. Prease be C- Notwithstanding antiith;rng contained htrein to the sontisrry. ii'tht ttaud premises. are or become subject to rent control sure that You carefully lets w other taws regulating rent, the Lesset shalt pay not wort than the rrmsximum not allo++ed under such applicable rent -. Trod and understand control lave. or other tam eegubting rents..: this section. Please lnftiaS here T.�+tn yrru _5 0: If a1 any time after the dart ht re of the teased primiset are or bctome subject to rent control laws or other laws regulating ore certain that you rents, and it tht Lessor it. in accordance with such love. it any time avlhothtd or pem►itted to increase the rent for the tested srndentand and egret premists. and if at any tune thereafter the Lessor olves written notict of his intrnt;tra to Implement such irlert se in vtho:e or with this section. in pari; then. in such event and not otherwise. the Lessee tney trrminste this lease by giving notice of his intention within Lessee's initials: :shirty days atter the Ltssor't not;ce'ot implementation -If the Lessee ylves such notice within thirty trays. this feat shall tere"It on the last day of the monthly rental ptrlod next after the date of such notice. It the Lessee ddoes not give such notice within thirty boys, then the rent :'tall be ta+cressed In accordance with the Lessor t notice of impTtrTtentetion eomrnent- Ing with the rent ppyment immediately following the txpirailon_of said thirty day period, but in no trent shall the rent asT- seed f per month du►iny the terse tier '01' - :.' `• SSOR AND LESSEE FURTHER COVENANT AND AGREE:.... -- LE .`: dwing the term of tis$ Lease and for such olhtr and further pertod as list tstd Ltisec shall occupy the said premises, all OS the terms, covenants and conditions eontsined herein shelf terrain in fur{ force indattetL -_- 1. MAIN? ENANCE fot tryintenanee. if osteal then lessor. contad:'' �. ( - : D - • fiz�1'Y1 i��'�1NQnr 23 j'Ylnh+'.S`t- i 5 . (Name) (Address) _ tTettbnonc NoJ 2. ADDITIONAL PROVISIONS 'F®V.S-r tvto��hs `Rte. PD. t� 11 fl � , j�i5`j` TACO �s OOT. -0 6LkA` J • A"0. pA�� try DLO. VTr iqT AS -PEYk avik VE—W- A /�cGncrfua•�. cwST.rno>v, f2� r .r wjc.� s�P/��� a wew r2rteL,,fvrt ' COPYRlr.Kt 019711 GREATER Bcwwlsl REAL ESTATE BOARD All rights rewrved. This form tnay r -at The cpnd or reproduted ' by whole or (n p*rt in ►he:w ny Tnenr»r rr or whhovt the prlor RHA FORM NO. to _..._- .-.•--..r.l.fr.rrw i3nelen a:..1 Fast. ft—A 11/RO 3. HEAT AND ' Ths Lessee shall pay, as they become due, all bills for electricity and other tellities,•whether they are used for furnishing OTHER UTILITIES' haat or other purposes, that are furnished to the demised promises and presently separately metered. The Lector agree that he will furnbh reasonably hot and cold water and reasonable hast lexcept to the extent that such writer and host era TENANT: Thissection furnished through utilities metered to the demised premises as stated abovel during the regular heating season. ill in me. '. governs utility psyments, tordancs with applicable laws, but the failure of the Lessor to provide any of the foregoing Itaau to any specific degree. .Bt sure to discuss with quantity, quality, or character due to any causes beyond the reasonable control of the Lessor, such as accident, restriction the Lessor thou pay. by City. State or Federal regulations, or during necessary repairs to the apparatus shall not fsubject to applicable low) form ments which will be a basic of any claim for damages against the Lessor. required of you tar this apartment. d. ATTACHED The forms, if any, attached hereto are incorporated herein by teferentx. , r FORMS s , ; ►; 'and/or ' b CARE OF Thi Lessee shall not paint, decorate or otherwise embellishch*ngc and shill not make nor suffer any additions or PREMISES _ - alterations to be made in or to the based premises, without the' prior iwitten consent of the Lessor, ncix r'make nsuffer ::T. ° ,any strip or waste' not sutlef the heat or water to be wasted; and st:tI4 termination of this lease shall deliver up the based pte rises end all property, belonging to -the Lessor In good, dean and ienanttibli order and condition, ttasonaliffs, sr and r : ;tear excepted. No washing machine, air-condition►ng unit, sped h ater, clothes dryer; television or oiherlerish; other like equipment shall be installed without the prior written eonseni-of the Lessor. No "waterbeds shall be permitted in the . < based remises.; ,s- F M x _•rf x >r < , 'f' • .eJ =i.� r �� .'C 4a.,� ji+ - s^' � f 'c J':.''.T _ ::4 � S. CLEANLINESS ;- ";Tfre Lesser shall -maintain the teased premises in a clean condition. He shill cot sweep,throw,'or ditpoa of, nor perrntt to ' • be swept.thrown or disposed of, from said promises nor from;eny.doors, windows, bel Ies.•porehes or other parts of said ^� . { budding any dirt.slssta, rubbish or other'substance or article Into any other pegs of said building or the sand ad�*ant ' thereon, except in proper teceptacle triol except In accordenei with 1M rules of the Lessor DEFINITIONS '1440?" 7. Thi 1-vords and "Lasses" is seed herein tlidl include their rospective Min, emuwtois; admintitrators;sutxasors, _ representatives. sed assigns, agents and servants, and the words «M.« «his ~ and "him"whsre applicable shall apply to the Lessee _ Lessor or Lessee regardless of sex, number. corporate entity; trust or other body. If more than one party signs a ,hereunder. the covenants. conditions andagreements herein of the Lessee shill be the joint and several obligations of each such Party.: Z �liased ii"tht.timi 8. DELIVERY 4C `in ttne event'the Lessor is not able" through no fault of htt•own- to dervitir the prerntscs to the Ccisee ..OF called :or herein. the rent shalt be abated ons pro rata bisWuntll sur h`time is aim—panty can be obtained. which PREMISES 3 abatement shall constitute tuft settlement of all d stsall b ►roger puled. by tuM delay, or.,ehe .Lessor, at hk.elect'wn, ; , ' all reatcinsbk'iime to delivir•posscuton of the ceased Oremicet; Ind If he cannoi deriver such 'po01itil within 30 . 'days from the Degiririsng of said rearm, tither the Lessor or Lente may then terminate ttmislease by giving written noires to : the other and any payment trade under this tease shalt be forthwlth'refunded. Lessee heneby'suihorrses and empower ' Lessor to institute proceedings to recover possession of the premises an behalf of and in the name of Lessee z` t r4 S. EMINENT 1f the leased premises. or any part thereof. or the whole or any part of ,the building of whird►.they are a part. snail be to DOMAIN, . for any purpose by exercise of the power of eminent domain or eondamnstfon;or,by action of the city or other authorities _ or shall receive any direct or consequential damage for which the, Lessor or Lessee shall be entitled to compensation by fee= of anything bwfutly done iii Pursuance of shy public suttiarity afte the execut'son hereof and during sal¢ term, or any extension of renewal thereof, then at the option of tither lite Lessor or the tAis_base, and sold term s!►otl ,Lassie, terminate and sudi option may be exercised in ihe,cssi.of any such.tekirig, notwithstanding the entire interest of the : Lessor and the Lessee may have. been -divested by such taking; Said option to terslnoie shad be exercised by either the Lessor or the Lessee, by giving a written notice of s,rercise of such option to terminate in the manner described In Section -: 14 of this lease. Said option to terminate shall not be ciercised by either party Is) eartiei than the effective date of taking, 1 not ib) .later -than -thirty 1301 days after, the effective date of taking. The molting of thi notice of exercise ss -set forth -, htrvinali ve shall be deemed to be the exercise of said option; the'givinp of such notice, this lease shell b -and _upon terminated as of the date of the taking: If this lease and said term are not so terminated, then in case of any such taking or F destruction of or damage to the leased premises, rendering the same or any'part thereof unfit -tor use and occupation, a just proportion of the tent hereinbefore reserved, according io the nature and extent of the damage io the leased premises, shall ' be suspended or abated until, in the case of such taking, what_msy remain of 'the leased prernises.`shell hive been put in proper condition for use and occupation. The- Lessee hereby sssigri to the Lessor -any and all claims and demands for - damages on account of any such taking or.for compensation for.enyth_ing tawlully done sem pursuance of.any public autlmority, and covenants with the Lessor that the Lessee will from time to time itand deriver to the .Lessor such . further instruments of assignment of any such claims and demands as :thi Lessor shalt. request, provided however that the Lessee does not assign to the Lessor any claim based upon Lessee's personal property or other Improvements installed by Leasee with Lessor's written permission 10. FIRE, _ ' If the lased picrates, or any pan thereof, or the whole or i substantial pail of ihe'Dui r4l; of which they are a part. shall OTHER be destroyed or damaged by fin or other casualty after the.execution hereof and during said term, or any extension or CASUALTY renewal thereof, then this lease and sold term shall terminate at the option of the Lessor by notice to the Lessee. If this i t lest and said term are not so terminated, then in case of any such destructaori of or damage to the leased premises; or to ; the common *rest of the building customarily used by the,Lessee for access to and egress from the leased premises. rendering the same or any part thereof unfit for use and occupation. a just proportion of the rent hereinbefore mserved. according to the assure and extent of the damage to.tht leased premises, shall be suspended or abated until the leased premises shall have been put in proper condition for use and occupation. 11 the leased premises or such common sits have _ : not been restored by the Leuor to substantially their former condition for ane and occupancy within thirty days after the darnige occurred.the Lessee may terminate this lease by giving notice to the Lessor within thirty dsyt following the termination of the thirty day period within which the Lessor failed to restore. 11 either party gives notice of intention to = terminate under this section. this least shall terminate on the last dry of the then -current monthly rental pt►iod r 11. DISTURBANCE. Neither the Lessee nor his family, friends, relatives. invitees, visitors. events or servants shall make or coffer any unlawful, ILLEGAL USE noisy or otherwise offensive use of the leased premises, nor commit or permit'sny nuisance to exist thereon, nor cause i damage to the leased premises, not create any substantial interference with the rights. comfort. solely or enjoyment of the a Lessor or other occupants of the tome or any other apartment, nor make any use whatsoever thereof than as and for a _ private residence. No articles shall be hung or shaken from the windows. doors. porches, balconies, or plated upon the exterior windowsills 12. GOVERNMENTAL The Lessor shall be obligated to fulfill all of the Lessors obligations hereunder to thebestof the Lessor's ability but the REGULATIONS Lessee's obligations, covenants and agreements hereunder shall not (subject to applicable law) be affected, impaired or ex- cused because the Lessor Is unable to supply or Is delayed In supplying any service or is unable to make or is delayed in making any repairs. additions, alterations or decorations, or It unable to supply or is delayed in supplying any equipment , or fixtures, If Lessor Is prevented or delayed from to doing because of any law or governmental action or any order, rule - or reputation of any governmental agency. (other then those regulating rents) which is beyond the Laster ls eeasonobls control. Il. COMMON No ractptacles, vehicles, baby eorriages or other articles or obstructions shall be placed in.the halls or tidier common arae$ AREAS orpasssgewoyt, ,- 14, INSURANCE Lessee understands and agrees that It shall be Lessee's own obligation to Insure his personalr r W apes ly, _ 15. KEYS AND, - Upon explration or term;net;on of the lease, the Leiser shall deliver the keys of the premises to the laiewd. Delivery of LOCKS keys by the Lessee to the Lessor, or to anyone on his behalf, shall not constitute a surrender or acceptance of surrender of the leased premises unless so stipulated in writing by the Lessor. in the event that the exterior door lack or locks in the - leased premises are not In normal working order at any time during the term hereof, and if the Lessee reports such eond;t;m to the Lessor, then and in that event, the Lessor ,shall, within a reasonable period of time faDowing receipt of m notice trOthe Laste. of such condition, repair or repiau such tock w locks. Locks shall not be lunged, altered, or replaced not shall new locks be added by the Lesser without the written permission of the Lessor. Anytocks so permitted to be initalled shall become the property of the Lessor and shall not be removed by the Lessee. The Lessee shall promptly Givell dupf;cate key to any such changed, altered, replaced or new lock to the Lessor. 16. LOSS OR r ; The Lessee sorest$ to indemnify and save the Lessor harmless tram all liability, loss or damage arising 6om any nu;fanca DAMAGE made at suffered on the [toted premises by the Lessee, his family, friends, ttlatives, invitees, visitors, agM% or servants or from any carelessness, neglect or improper conduct of any of such persons. All person of proparty be any part of the building within the control of the Lessee shall be at the sole risk of the Lessee. Subject to provisions of applicable lawn the '.. Lessor shall not be liable for damage to or loss of property of any kind which may be lost or stolen, damped or destroyed by filer. voter, steam, detective refrigeration, elevators.�or otherwise, while on the leased premises or In any storage pace in " the building or for any personal injury units Z caused by the negfigence of the Lessor. 17. NOTICES Written notice from the Lessor to the Lessee shall be deemed to have been prpperiy given if mailed by registered or - certified mail, poster prepaid, return receipt requested to the Lessee at the address of the leased Pretrial. or if delivered . - of left in of on any part thereof, prov;dt:d that it so matted, the ractipt has been signed, or N so deliveredot left. that such notice hat been detivered to or -left with, the Lessee or anyone expressly or impfredfy authorized to reeeree messages lot the : Letitia, or by any adult who resides with the Lessee in the teased premises. Written notice from the Lessee to the Lessor shall bo deemed to heirs been properly Ginn if mailed by registered or certified mmail, postage prepaid. return receipt requested, to the Lessor at his address set forth in the first paragraph of this lease. unless the Lessor "have notified the Lessee of a change of the Lessors address. In which case Vich notice shall be so art to such changed ad3sss of the Lessor.: : it provided that the receipt has been signed by the Lessor or anyone expressly or impliedly authorized to receive matters for the Lessor. Notwithstand�ny the tomiciinng notice by either party to the other shall be deemed adee" it given In any other monner authorized by law.: _ 18. OTHER The Lessee agrees to conform to such lawful rules and -iegulst;ons which are reasonably related to the purpose and REGULATIONS prov;iroes of this lease, as shall from time to time be established by the Lessor in the future for the safety, "ft. eloonfineK or orderly conduct of the leased premises and the building of which they are a part, and for tht beneTrt, safety. comfort �E and convenience of all the occupants of said building. z 19, :PARKING v Parking on the promises of the Lessor's prohibited untess written consent is form by the Lessor , 20. PETS ;No dogs or other animals birds or pets "I be kept in or upon the leased premises without the Lessies iwritten consent; - and consent so 9rvtrt may be revoked at any'teme. M. PLUMBING The voter closets, disposefs, and"watt "pipes shali not be. used for any purposes othei than those for which they were - constructed, nor shall any sweepings. rubbish, rags, or any other improper articles be thrown into ** stmt; and any 4. - - ..;_; . damage to, the buitdng caused by the mouse of such equipment shall be borne by the Lessee by whom or upon whose premises it shall have been caused, unless caused by the negligence of the Lessor, or by the negti9enot d an independent - contracts s rr►ptoysd bjr rile t essw: `; x : 2 REPAIRS Tt+a Lessee agrees wmth'the Lessor* that, during this lease and for such further time as the Lessee shill hold the leased pretn'rses or any 'W thereof. the Less' '' vill at all times keep and•msintain the leased premises and an equipment and fixtures therein or used thereWith repaired, whole and of the same kind. tluslity_ and description and in such good repair. order ar d•conditions as the sal me are at the beginning of, if may be put in during the term or any extenison or ionewaf ' -.. thereat reasonable wear and tear and damage by unsvoidabte casualty only excepted. The Lessor and dies Lessee agree to : comply with any responsibility which either may have under applicable law t0 perform repairs upon the based promises. If " LossK.fsgs within a reasonable time, or improperly make` such repairs, then and in any such event orevenu. the Lessor •" may (but shall not be obligated to) make such repairs and the Lessee shaft re;mburseAAe Lessor for the reasonable cost of suchlegates in full, upon demand n23 RIGHT OF Thr Lessor may enter upon the leased premises to make toars thereto, to inspect the premises; or to show the premises to ENTRY prospeaivt tenants; pwchasers; or mortgagees: The Lessor may also enter upon the said premises if some appear to have _• been abandoned by the Lessee or as otherwise permitted by law - - °- N the Leiser shall fait'to comply with any lawful lerme� condition -coe-nint, obligaUon..o► or. eemertttsprased herein of ; l; f, PERFORMANCE /mpI, hereunder' or if the Lessee shall bi declared bankrupt. or insolvent occording to law or if anyassignment of the = OR BREACH -. V Lessees property shall be pm>,de for the, benefit of ereditorc, or if the premises appear to be abandoned sheet, and in any of : BY LESSEE,: the' said cases and notwithstanding any license or waiver of any prioet breach- of an of the said arms, conditicr • r y roe .: eomiensntf. obligationK or agreements. the Lessor. without necessity orrequirement of making any entry may (subject to $ _ the Lessee's r' lets under noble law) terminate this lease by: s{ g, spill', _ . "s s •_ < 1.- e. seven 17) day"written notice to the Lessee to vacate said leased premmet in est of any breads except only for =_. norm-payriS'�tt•of rent, or .yi t '""{_ ':"-..--?'-� t rt y. ": s L _ y/Z' a fourteen (141 day written notice to the Lessee to vacate card leased premises upon the reglad a refusal of the Lou" to pay s herein llihAny tsrmnon under tthsectionshabeWhout prejudice to any remedies which might otherwise bowed for arrears of -' r rent or preceding breach of any of the said terms, conditions, eonvenants. obligations or agreements: S. LESSEE'S The Lessee covenants that in'cue of any termination of this lease, by reason of the default of the Lessee, then at the COVENANTS option of Lessor: IN EVENT OF TERMINATION the Lessee will forthwith pay to the Lessor as damages hereunder a sum equal to the wnountby which the rent and other payments called for hereunder for the remainder of the term or any extension or renewal thereof exceed_ the fair rental value of said premises foe the remainder of the term or any extensionor renewal thereof; `( and._ •. : �.•:-"._-." .. _ :: ,' .-. .- _ • 1 181 the Lessee covenants that he will furthermore indemnify the Lessor from and against any toss and damage " sustained by tenon of any terminst;on caused by the default of, or the breach by, the Lessees Lessors damages hereunder shall include, but shalt not be Gersited to any loss of rents; reasonable broker's tornmissions few the ` ra•lett;ng of the leased premises; advertising costs; the reasonable cost Incurred in cleaning and repsinting the premises in order to to -let the same- and moving end tlorage charges incurred Py Lessor Y moving Lesee's belongings pursuant to eviction proceedings. r tC1 At !lit optlon of Lessor; however, Lessors carne of Ktb f under this ankle shalt accrue when t new tenancy or _:, :' .: `'• ` host term first tomrrrences subsequent to a termination under fhb least. M vA;th event Lessorq dsnuges shalt - bt limbed to any end Of damages sustained by him prior ID sold new tenancy or lent 9618. ' Loam shareentitledn tt r - ` - L 1 oho be to arty orad a atMr.Icm*d a pradrdby law. Alt eights and remedin are to be eri+rtulatin a r r otIYtlusi - - r :fi Y' 4S+w��2N:9 j'.•:r.:t- stat t � r �._ •- :" ��v. '�- rY ie ••1st »..�_'1�'<!-• a./_•.:r:'� •� •'- �� �_ ~r•; J<���,�.,.��^ _ - -S= � T 76. REMOVAL ' Ltstet tvrthti torenanttlnd ogres than if Lentis short remove Iissals goads or *flares, pursuant to the terms 6eiaof or OF GOODSany Court order, Lestot shall not be liable or responslbie ern arty lop"of.or tdam►gt to Lessee•1 Goods of effects end the Lessof s act of w removing such goods or effects that be deemed to be the act it and totthe account of Ltsste,provided, Apwm r, that It the Ltswt removes the Lts"IC goods or *fleets~ ht sl»ri eomplif with all applicable to wt. andshot ezerton - d e In the handling of such goods to the fullest practice! tKUnt under the tirevrnstarteas,,,-� 27. NON• �; Neithcr'the tooling of the p►em1►et by Ltsite; soot list detiveey ot,teys to the'L'eaor shall be deemeda svnrendeior s�n ='- SURRENDER scuptontt of surrender of the leased prttnhu untess so ttipobtedin twiting by Lissa /les " J..Ry^c f. "::.i,..:_ 't • .t„ ^'.i `Lr;rt??-t +:_:: y'ti. `7i r'i` Lc ;•��1 :t �,•' _ ���i•` SU6Lt:T TING,=" �;Ii4 tueiiMti ?B, of tssi�n: tn,"a+der st, Y;►irt;a 2t+iirtrok o�ihe fsac3prtmises,eor shaTi peiinit Chi teased premises s : ,`ry -� NUMBER OF '- ° leo b'e octupkd fof_ a penod:lot►ger than; ttnspoiary.vish �inyoft t sept Ae Ind,►idwls jpe I econr i iinr in the rote. f ..; OCCUPANTSry� yr+rjrph �f .ibis �rstt;Peiieir'spovsti, end anp tl►tidrcn'barri3io hciri �lssrin9#lit genii pt�hti �eeic��r�an jj srcteirsbn orvu."3: t ale ' etntrrAt hereof writ t # ', R tilt oiDta nii�► oyn tstA aeeeiion lx<sptM hi o1 heA I essor , x�y�� if -•z .P. ti i% r '4.j, rwr?�.471LV,''i'P<��iYf., ai;y R} .w.�.'.'ft �•r N0'�G "vett''-!'s.-car, 2 .. TRUSTLE •,r '-:, : In the eventtbt the Lessor it a trustee ar s pirt�eahtp;t =vch'triritee ncrsny ent!icirryiior �nvel►aretwideiotsiid x'. r norypsr;ncr, central >or .ii.iited, oT ttxh'partnership'sMti �etnonstiy liable to `enyont'iirrdcr say tcetq,! ` st sD+tt'ror►.twerscn obli tion tics eemrnit reisedlrertlnor- . _ _ -. �._ .. W r - gr -. _ p - - - _ - itnpTied t�tttvnder sx'for arty claim of sfarrsage o� tarns st ky�sy; -;..;� •�; L w, 30. WAIVER � 'tttit ieiawtr'.of one brei of any ifries, solsdtorAg*es<r►ci► of shit ltsise shall etot.�e cotuWceed io r�; _ a y�_ } J{,- tDt t`wvfMei of shat of my other tetnt; eorid'Kionrcovits>!nt,ob oiagnimcnt or orany sub:epuentbracet :.. - • � t� 2.:� i% <� 3a�--.tib. _�. �t�,. .�'__"� ;`•�-3'x r -; f:2=i. y-,�.-•-��--�=''''F Jt.:+i:.Z-iKY.?r'71z 9x�%' }•v ,:'r'L� � 7 31. SEPiCRAt31LiTY;} `; !t any prorh+on at ti+n tease or poRion of such �iorisron a the eppT'Katron therof to any peRon of cneumstance is eTd CLAUSE inval'd, the eemtindcr of Zhe Leas {or tht'rtrnatndei at suth prornbn�;snd the op_pT'tation thereof to ither.ptrson: or . ? •r;= ' - etrcnmaUMa than not tat *ffecud thereby _ � , " � r� �`� s = -F • .•�.� :.- c i -.;- -.-_ t _ s -t ..i r Y— y - :•- :`��'-:': _.-.. ._. .��::_ 1+. .. '.�� -rw_ +.J � +L �� y��: .t`�S, -'�. .�:#. i .sw �_ 3s T r r.. a 32 COPY OF r The Lessor alstri denser a copy of this kilt; duty ssrecuted by,Le os or !sh authors:ed yerit, to list is:m wnthrn thirty Y �a� , LEASE SE f 330j days Delis a ropy !►snot, duty lsecuted bilk Lesser,. fou been dcttrered to ithc Lessor. �� � y� :� r, Fk • a , `.• 1 - {4L._. _ '-'� : ' -'R,. 3 ^i: 'i �" ,'4 '=�-•- A"r ' 'tet .t.t'ij{.y+ "' ;_Sf S:. 1-•.-�3" r- _' 33 .REPRISALS P` 'the t eisa_ et>;notrteddges that provisiars of aDpticibte. /are forbids ta4wd hom `thrtatenirsg b take or gtsrtD eeprisatt PROMs ITED ` 4-K. sol fist any timet for seeking to assert firs It9lt ...> : .:�`-'p,•.: ,c.. ,y,, w .r ¢..-i .:, 7s; y "•t q:.,.�r:}r •• - 4 as..,t t"y�iy[ a-.,�.i g. - ct.- ;`ti' :iT ♦ �.'1.`-_; ,-T ••-.2� i.a••}E;-r.r'r° -•r.:s"'1.•Sr•e--c <'`?�'��'%� '` e3r`_'.'=7-s�'i=•_'+e��.__.. ..+�4� .%3• :S:y-. -1 +�. -i•f �:V h�.� - y.. S- �- .-=p_ _1%(�'-•t -!: :i •A%,� - .-?y_3.Y•`'f,. t' y_ i'. � 't;- :r*•� �jr''�r�_ '•fe.� •#T� 't � sir � �V�..,.i-�-`r- ;1��s; .�. �- t,� .S•'<ri-;q. r s.. •�:,- .:r , w zTs y",?��-r#� {,-�3": r, ler ,�„� 1 z ate'it i Z.r 4• s� -tL1 d �° w s+....+.r•'tr.£�-'% 4e..rs. 1'' i / - r..:•W,!.;'•r c.. ,r: :r r2^}�:�a-� au- +�-E �. a��.•yra T� y� _r.. 4A --'S •.<._r++.s.:ar ozsnc+£`eo-� .�s- -x+c "i ; 5. 3 3 ^E°3Yr_=.•t ....'- - "-' A, ,g-y;,J:si-sh �'K.E"\K:Y X„: ti=•�:•f't^s,._+ri'- t :.'' vf'.:- . 1 3 s_ '.a•s �. - r-�t'- _` s''�'+k3'�f=r-'rte: yy. x -t►-` �'<.•'C•. :e:%.• -•tri x�.t,.i%... sr -.'•. [c < : x =.- -ate •�.. a, - >-.A<+ ...: ./`.-Ri s.s a¢ ry.,. ri•+Lsa.r'Sr--i'1°�.P`:.+..rrrfi`�. k yryr:; <..._R r•. :� t S _ ct "Y a•: - - .�- _r - r .< ,..,.< <.,.+:•; �tp.�*S'i w. Y•L'-- i � _ ';--...s:_z e IN WITNESS WHEREOF, fete said parties htre unto feel to Another iRstrv+*ent of Nike teuot--l►we err Binds and sesta oft the day andYearSuri r� - above wr itten; and t�; v os ap k+ idual tutejvi+der the pains and pensitas of psrjurjr s tptd S'eu is D+rei the ars.%.r , ;kisttr - � _ 5 -r r` =- � . clot -• - i Trustee or Agent N SUBJECT TO-APPLiCABLE LAW, THE LANDLORD WILL PROVIDE INSURANCE FOR UP TO $750 IN BE NET ITS TO COVER THE ACTUAL COSTS Of RELOCATION OF THE TENANT OF DISPLACED BY FIRE OR DAMAGE RESULTING FROM FIRE. .."F+� A•- ?r `- TENANT: MAKE SURE TO RECEIVE A SiGNED COPY -OF THIS LEASE. (n consideration of the i=cculion of tele Mnthin laic by the Lessor at the rectiint�of the unden+pnedFsnd of one dolt.r'psid to ttu vnderi�pned by the i Lessor, the undersigned hereby.` jointly and severally, qua+antes to -the Lessor, and the hero, succeison;`and assigns of the Lessor, tht punnual performance by the Ltastt and the legal eeprictntathros, svccesson and assign of the Lessct of all the terms, conditions, eovenanu, obligetions and agree+nents in said lease on thelessie's of their part to be performed or observed, demartdsndnotice of default being hereby waived. The undersigned _.; - .: waive alt surety -ship defenses and defenses in the nature thereof and assent to any sndall c>itensioi►s and postponements of the time of payment and aft othtt Indulgences and to+ebearantes trAkh may be panted from time tc time to the Ltiste. WITNESS the execution her under sear by the undenionedthe doy;4jY it . first wrintnIn said floss tis 5. ADOPTED 8Y THE RENTAL HOUSING ASSOCIATION OF THE - - - GREATER BOS7014 REAL ESTATE BOARD April 5, 1991 Director of Public Health Town Hall 120 Main Street N. Andover, MA 01845 Dear Sir/Madam, SER 15 As stated in the "Health Department Order", I am requesting a hearing to review and discuss the complaint submitted by Ms. Allision Conboy, Health Agent. Regarding the "Health Department Order" complaint 116 which I received April 4, 1991, an inspection of my property at 73 Main Street, 3rd Floor was requested by Shari Lafitt. To provide you some background of the situation, John Pelich is the tenant I have residing at the above address. Shari Lafitt is not a legal tenant. On March 25th a summons for eviction was served to John Pelich at 11:35AM to vacate the premises for non-payment of rent. Shari Lafitt had placed a call to the Board of Health office that afternoon to request an inspection of the premises. Until a summons was served I had never ,been notified of any problems or concerns regarding the apartment. I'm a Building Inspector in Andover and my primary concern is always safety. I would never have allowed a safety concern be ignored if I had been notified properly. . I had appointed a Building Manager to be responsible for maintaining my property during a serious illness I've had the past several months. I had complete trust in him to handle minor repairs. He was also provided names and phone numbers of plumbers and electricians for emergencies. It is very difficult to repair a tenant's concern when I'm not notified by the tenant or Building Manager. Any safety concern would have been handled immediately. Upon receipt of the Board of Health report, I have taken appropriate action to resolve any immediate concerns. The heating problem that the tenant occurred, violation #1, has been resolved. I have also contacted Lt. Fountain of Fire Prevention regarding the smoke detectors, violation #17. An electrician was contacted to inspect the apartment for any concerns that would require immediate attention. I was told that there were no major concerns but that he will return to the property to repair violation #'s 11, 12, 15 and 16. If your should have any questions regarding my request for the hearing I can be reached at the Andover Town Hall, phone number 470-3800. l 11 ' Sincerely,/ Michael J. Buss 47 Kniest Shore Road Windham, NH 03087 cc: Allison Conboy Health Agent Buss vs Pelich CALL DIRECTORY REGARDING HEATING PROBLEM AT 73 MAIN STREET, 3RD FLOOR (PELICH) A SUMMONS FOR EVICTION OF 73 MAIN STREET, 3RD FLOOR WAS SERVED AT 11:35AM ON 03/25/91. DATE TIME TYPE OF CALL 03/25/91 3:45PM RECEIVED call from Shari Lafitt regarding heating problem, at 73 Main Street, 3rd Flr, John Pelich's apartment. She said that she had contacted the gas company and that they had come and red tagged the unit because of a crack in it. I WAS ON THE ROAD AND COULD NOT BE REACHED. I ARRIVED HOME APPROXIMATELY 4:30PM. 03/25/91 4:35 Contacted the gas company to find out the problem. Spoke to Virgina Anthony who said the call from Shari Lafitt had come in at 2:50 and that a service man had gone to the apartment of John Pelich. They found that the heating unit had a crack in it and cannot be used. I HAD NEVER BEEN INFORMED OF THE PROBLEM WITH THE HEATING UNIT UNTIL A SUMMONS FOR EVICTION WAS SERVED. 4:45 Contacted N. Andover Plumbing Supply to locate compatible heating unit. Referred me to Dalrymple. 4:48 Contacted Ken Park regarding the plumbing emergency. Ken was unavailble. Left message with John Pelich's phone number. 4:50 Contacted Dalrymple regarding the unit. Their supplier is unavailable till the next morning. 4:55 Contacted George Berube regarding the plumbing emergency. Left message. 4:58 Contacted Bruce Hale, Plumbing Inspector for Andover. Suggested I speak with Bob Lundergan of the gas company the following morning. 5:15 George Berube returned call regarding the heater installation. Referred me to F & M Heating. 5:20 Contacted F & M Heating. Left message regarding emergency of hooking up a heater unit. 5:23 Contacted Fred Beeley regarding emergency plumbing. Left message. 5:28 Contacted John Pelich. Spoke to a woman who identified herself as Shari Lafitt's sister. Informed them that there is a separate heating element in the stove that will supply them heat until the heating unit is replaced. 5:45 F & M Heating returned call. Their supplier is closed till the morning. 5:53 Contacted Sears to see if they have a compatible heating unit. 6:00 Contacted Lechmere to see if they have a compatible heating unit. 6:15 Contacted Ken Park again regarding the heating unit that needs to be hooked up ASAP. Left message. 7:30 Ken Park, master plumber, returned call. He informed me that he had spoken to Shari Lafitt and has an appointment the next morning. 03/26/91 8:30AM Contacted Allison Conboy, N. Andover Board of Health regarding the situation accumulating on Main Street. Informed her that I had John Pelich summoned with an eviction notice and that I expect him to be calling their office. 8:45 Ken Park called to inform me that Shari Lafitt had called the night before to cancel the appointment that was made for that morning. 9:00 Contacted the N. Andover Police to file a report on John Pelich/Shari Lafitt and Tom Lennon to protect my property against any damages that may occur. 9:15 Contacted Judy Dorin for her to help in locating a compatible heating unit. 9i20 Contacted Richard's Furniture Warehouse for compatible unit. None available. 9:25 Contacted Castle's for compatible unit. None available. 9:30 Contacted Broadway Second Hand. Located a compatible unit. Set it up for the heating unit to be delivered directly to the apartment of John Pelich ASAP. 9:35 Contacted Ken Park. Told him the unit will be at John Pelich's apartment for him to hook up. 10:30 Ken Park called to say he has another appointment to hook up the heater at John Pelich's apartment for 11:00 since the previous appointment was cancelled by Shari Lafitt. 12:00 Ken Park called to inform me that he was at the apartment at the time that Shari Lafitt requested and when he arrived he was told by Shari Lafitt that he can not hook up the heater. She told him that Allison Conboy of N. Andover Board of Health, and was also there at the time, said it was illegal. Spoke to Allison Conboy regarding the heating unit. Told her the unit was legal but she insisted contacting the fire department before I am allowed to have it installed. Contacted Ken Park to inform him that Allison Conboy refuses to have the unit connected until she verifies it with the fire department. I told Ken that I need to wait for Allison to notify me when we can go ahead and install the unit. 03/29/91 Received a call from Allison Conboy, N. Andover Board of Health regarding hooking up the heater. 3:OOPM Returned Allison Conboy's call. She said that the heater is legal and that I can install it immediately. 3:10 Contacted Ken Park to notify him that I had heard back from the Board of Health and that he can re -schedule another appointment with John Pelich to replace the heating unit. Left message. 4:00 Ken Park returned my call. He said that he would be unable to replace the unit till Monday because of other obligations. He'll contact John Pelich to re -schedule for Monday. 03/30/91 11:03 Received call from the N. Andover Police Department. Spoke to Officer Brian Lawlor. He informed me that Shari Lafitt had contacted them to notify them that they've had no heat in the apartment. I explained to Officer Lawlor that I had a replacement heating unit and a master plumber the following day of the complaint but that Shari Lafitt would not allow him to hook it up. 2:50 Ken Park called to inform me that he had left a message on John Pelich's answering machine that he will be at the apartment first thing Monday morning. 04/01/91 9:00 Ken Park arrived at my office to inform me that he had just come from John Pelich's apartment and that he was kicked out and was unable to install their heating unit. He said they claimed they didn't have an appointment with me and to leave. Ken said he will not go back again because they obviously are trying to cause trouble. 9:30 Contacted Allison Conboy to inform her that once again I had a plumber there and that he was refused to be allowed to hook up the heating unit. I also stated that the plumber that was scheduled to do the job will not go back again. 10:00 Contacted Hanson Heating to see if they would be available to hook up the unit. Left message that it was an emergency. 12:00 Left another message with Hanson Heating regarding the emergency. 1:30 Spoke with Dave McKinney of Hanson Heating. He suggested that I contact Jason Thomas. 4:35 Jason Thomas returned call. He said he's unable to replace the heating unit today, that he will have to get a permit the next morning. Gave him the phone number of John Pelich so he can schedule an appointment with them. 04/02/91 HEATING PROBLEM RESOLVED!! Buss vs Pelich CALL DIRECTORY REGARDING THE BOARD OF HEALTH REP OF 73 MAIN STREET, 3RD FLOOR (PELICH) ORT DATE TIME TYPE OF CALL 04/04/91 4:50 RECEIVED certified letter of Of thethe code. Andover Board of Health report violations at 73 Main Street, 3rd Floor, John Pelich's apartment. 04/05/91 9:00 Contacted the fire department re ardin smoke detectors g the at John Pelich's apartment. 9:15 Contacted Doug g Small regarding the problems at 73 Main Street. Left message. 11:00 Contacted Jud reachin y Dorin to get her help in g Doug Small, the electrician. 1:30 Contacted Judy Dorin again. Left message. 2:30 Contacted Dougrdi g Small. Left message g electrical problem at 73 Main to. Left Street, 3rd Floor that needs to be attended phone number of John Pelich to schedule an appointment. 7:00 Spoke to Doug went oto to ensure that everything Y• He said he had been at the aparment and that he felt there was no safety hazard. He'1'_ be going back to repair what's needed. shary laffit told doug small that he cannot gain entry until monday Ken Park Plumbing & Heating 89 Kendall Pond Road Windham, NH 03087 April 2, 1991, Michael Buss 47 West Shore Road Windham, NH 03087 Dear Mr. Buss: This is to inform you that I no longer wish to deal with your tenants residing on the third floor at 73 Main St., No. Andover, MA. At your request, I scheduled the installation of a gas space heater with Sherry Pelvich, this was to take place at _about 8:00am on T-h*rs-day, March ,2-5�)1991. Ms. Pelvich called my wife Wednesday evening and told her that it was impossible.for her to keep the appointment for that time and would I call her on Th-ui-rs-day morning after 10:00 am. I called her and she wanted me to come around 11:00am. When I arrived, a woman from the office of the Board of Health was there. I was let into the apart- ment at that time and was told by Ms. Pelvich that the Board of Health has condemned the stove and I was not to hook it up. Late afternoon on Friday, upon returning to my office, I received a message from you that you were told that the installation could proceed. I informed you that I could not install it until Monday, because I would need to obtain a permit before installation could take place. I called your tenant and left a message on their answering machine, that I could not install the unit because of this, and I would be there Monday morning. She did not return my call. When I arrived at your tenants apartment, on Monday morning; I was let in by the son. I was ordered out of the apartment by both John and Sherry Pelvich. I was told to leave the same way I came in, that I didn't have an appointment. Upon returning to my office, there was a message on my answering machine from Ms. Pelvich, saying she was sorry for kicking me out, and that she hasn't had heat for 8 days and that I;did not schedule an appointment with them. I feel these tenants are trying to cause you aggravation by not allowing me to do the job you hired me to do. :The job could have been done very simply and they are playing games which I do not wish to be a part of. Yours truly, Kenneth D. Park Ken Park Plumbing & Heating Master Plumber Lic. #9273 Signed by Kenneth Park in my presence on April 3, 1991 Q`� �i1��— /�.c�t_. Lois L. L. Liberman, Notary Publi My commission expires April 5, 1991 Director of Public Health Town Hall 120 Main Street N. Andover, MA 01845 Dear Sir/Madam, DAA 17 T'VI AFR 8 4 .1.5 P,P ',$I As stated in the "Health Department Order", I am requesting a hearing to review and discuss the complaint submitted by Ms. Allision Conboy, Health Agent. Regarding the "Health Department Order" complaint #16 which I received April 4,"`1991, an inspection of my property at 73 Main Street, 3rd Floor was requested by Shari Lafitt. To provide you some background of the situation, John Pelich is the tenant I have residing at the above address. Shari Lafitt is not a legal tenant. On March 25th a summons for eviction was served to John Pelich at 11:35AM to vacate the premises for non-payment of rent. Shari Lafitt had placed a call to the Board of Health office that afternoon to request an inspection of the premises. Until a summons was served I had never been notified of any problems or concerns regarding the apartment. I'm a Building Inspector in Andover and my primary concern is always safety. I would never have allowed a safety concern be ignored if I had been notified properly. I had appointed a Building Manager to be responsible for maintaining my property during a serious illness I've had the past several months. I had complete trust in him to handle minor repairs. He was also provided names and phone numbers of plumbers and electricians for emergencies. It is very difficult to repair a tenant's concern when I'm not notified by the tenant or Building Manager. Any safety concern would have been handled immediately. Upon receipt of the Board of Health report, I have taken appropriate action to resolve any immediate concerns. The heating problem that the tenant occurred, violation #1, has been resolved. I have also contacted Lt. Fountain of Fire Prevention regarding the smoke detectors, violation #17. An electrician was contacted to inspect the apartment for any concerns that would require immediate attention. I was told that there were no major concerns but that he will return to the property to repair violation #'s 11, 12, 15 and 16. If your should have any questions regarding my request for the hearing I can be reached at the Andover Town Hall, phone number 470-3800. Sincerel i Michael U. � 47 West Shore Road Windham, NH 03087 cc: Allison Conboy Health Agent C', Buss vs Pelich CALL DIRECTORY REGARDING HEATING PROBLEM AT 73 MAIN STREET, 3RD FLOOR (PELICH) A SUMMONS FOR EVICTION OF 73 MAIN STREET, 3RD FLOOR WAS SERVED AT 11:35AM ON 03/25/91. DATE TIME TYPE OF CALL 03/25/91 3:45PM RECEIVED call from Shari Lafitt regarding heating problem at 73 Main Street, 3rd Flr, John Pelich's apartment. She said that she had contacted the gas company and that they had come and red tagged the unit because of a crack in it. I WAS ON THE ROAD AND COULD NOT BE REACHED. I ARRIVED HOME APPROXIMATELY 4:30PM. 03/25/91 4:35 Contacted the gas company to find out the problem. Spoke to Virgina Anthony who said the call from Shari Lafitt had come in at 2:50 and that a service man had gone to the apartment of John Pelich. They found that the heating unit had a crack in it and cannot be used. I HAD NEVER BEEN INFORMED OF THE PROBLEM WITH THE HEATING UNIT UNTIL A SUMMONS FOR EVICTION WAS SERVED. 4:45 Contacted N. Andover Plumbing Supply to locate compatible heating unit. Referred me to Dalrymple. 4:48 Contacted Ken Park regarding the plumbing emergency. Ken was unavailble. Left message with John Pelich's phone number. 4:50 Contacted Dalrymple regarding the unit. Their supplier is unavailable till the next morning. 4:55 Contacted George Berube regarding the plumbing emergency. Left message. 4:58 Contacted Bruce Hale, Plumbing Inspector for Andover. Suggested I speak with Bob Lundergan of the gas company the following morning. 5:15 George Berube returned call regarding the heater installation. Referred me to F & M Heating. 5:20 Contacted F & M Heating. Left message regarding emergency of hooking up a heater unit. 5:23 Contacted Fred Beeley regarding emergency plumbing. Left message. 5:28 Contacted John Pelich. Spoke to a woman who identified herself as Shari Lafitt's sister. Informed them that there is a separate heating element in the stove that will supply them heat until the heating unit is replaced. 5:45 F & M Heating returned call. Their supplier is closed till the morning. 5:53 Contacted Sears to see if they have a compatible heating unit. 6:00 Contacted Lechmere to see if they have a compatible heating unit. 6:15 Contacted Ken Park again regarding the heating unit that needs to be hooked up ASAP. Left message. 7:30 Ken Park, master plumber, returned call. He informed me that he had spoken to Shari Lafitt and has an appointment the next morning. 03/26/91 8:30AM Contacted Allison Conboy, N. Andover Board of Health regarding the situation accumulating on Main Street. Informed her that I had John Pelich summoned with an eviction notice and that I expect him to be calling their office. 8:45 Ken Park called to inform me that Shari Lafitt had called the night before to cancel the appointment that was made for that morning. 9:00 Contacted the N. Andover Police to file a report on John Pelich/Shari Lafitt and Tom Lennon to protect my property against any damages that may occur. 9:15 Contacted Judy Dorin for her to help in locating a compatible heating unit. 03/29/91 9:20 Contacted Richard's Furniture Warehouse for compatible unit. None available. 9:25 Contacted Castle's for compatible unit. None available. 9:30 Contacted Broadway Second Hand. Located a compatible unit. Set it up for the heating unit to be delivered directly to the apartment of John Pelich ASAP. 9:35 Contacted Ken Park. Told him the unit will be at John Pelich's apartment for him to hook up. 10:30 Ken Park called to say he has another appointment to hook up the heater at John Pelich's apartment for 11:00 since the previous appointment was cancelled by Shari Lafitt. 12:00 Ken Park called to inform me that he was at the apartment at the time that Shari Lafitt requested and when he arrived he was told by Shari Lafitt that he can not hook up the heater. She told him that Allison Conboy of N. Andover Board of Health, and was also there at the time, said it was illegal. Spoke to Allison Conboy regarding the heating unit. Told her the unit was legal but she insisted contacting the fire department before I am allowed to have it installed . Contacted Ken Park to inform him that Allison Conboy refuses to have the unit connected until she verifies it with the fire department. I told Ken that I need to wait for Allison to notify me when we can go ahead and install the unit. Received a call from Allison Conboy, N. Andover Board of Health regarding hooking up the heater. 3:OOPM Returned Allison Conboy's call. She said that the heater is legal and that I can install it immediately. 3:10 Contacted Ken Park to notify him that I had heard back from the Board of Health and that he can re -schedule another appointment with John Pelich to replace the heating unit. Left message. 4:00 Ken Park returned my call. He said that he would be unable to replace the unit till Monday because of other obligations. He'll contact John Pelich to re -schedule for Monday. 03/30/91 11:03 Received call from the N. Andover Police Department. Spoke to Officer Brian Lawlor. He informed me that Shari Lafitt had contacted them to notify them that they've had no heat in the apartment. I explained to Officer Lawlor that I had a replacement heating unit and a master plumber the following day of the complaint but that Shari Lafitt would not allow him to hook it up. 2:50 Ken Park called to inform me that he had left a message on John Pelich's answering machine that he will be at the apartment first thing Monday morning. 04/01/91 9:00 Ken Park arrived at my office to inform me that he had just come from John Pelich's apartment and that he was kicked out and was unable to install their heating unit. He said they claimed they didn't have an appointment with me and to leave. Ken said he will not go back again because they obviously are trying to cause trouble. 9:30 Contacted Allison Conboy to inform her that once again I had a plumber there and that he was refused to be allowed to hook up the heating unit. I also stated that the plumber that was scheduled to do the job will not go back again. 10:00 Contacted Hanson Heating to see if they would be available to hook up the unit. Left message that it was an emergency. 12:00 Left another message with Hanson Heating regarding the emergency. 1:30 Spoke with Dave McKinney of Hanson Heating. He suggested that I contact Jason Thomas. 4:35 Jason Thomas returned call. He said he's unable to replace the heating unit today, that he will have to get a permit the next morning. Gave him the phone number of John Pelich so he can schedule an appointment with them. 04/02/91 HEATING.PROBLEM RESOLVED!! Buss vs Pelich CALL DIRECTORY REGARDING THE BOA OF 73 MAIN STREET, 3RD FLOOR RD OF HEALTH REPORT (P ELICH) DATE TIME TYPE OF CALL 04/04/91 4;50 RECEIVED certified letter of the N. Andover Board of Health re violations at 73 port of the code Main Street, 3rd Floor, John Pelich's apartment. 04/05/91 9:00 Contacted the fire department smoke detectors at John Pelichesatding the apartment. 9:15 Contacted Doug g Small regarding the problems at 73 Main message, Street. Left 11:00 Contacted Judy Dorin to reaching Doug Small the get her help in electrician. 1:30 Contacted Judy Dorin again. Left message. 2:30 Contacted Doug Small. Left message regarding electrical problem Street at 73 Main , 3 ain rd Floor that needs to be attended to. Left phone number schedul of John Pelich to e an appointment. 7'00 Spoke to Doug went oto to ensure that everything Y• He said he had been at the apartment and that he safety hazard. He'll felt there was no repair what's needed,be going back to shary laffit told doug small that he cannot gain entry until Monday Ken Park Plumbing & Heating 89 Kendall Pond Road Windham, NH 03087 April 2, 1991 Michael Buss 47 West Shore Road Windham, NH 03087 Dear Mr. Buss: This is to inform you that I no longer wish to deal with your tenants residing on the third floor at 73 Main St., No. Andover, MA. At your request, I scheduled the installation of a gas space heater .YS� with Sherry Pelvich, this was to take place at about 8:00am on T-h-u-sd°ay, March 2,5�(-1991. Ms. Pelvich called my wife Wednesday evening and told her that it was impossible for her to keep the appointment for that time and would I call her on Th-u�=s,day morning after 10:00 am. I called her and she wanted me to come around 11:00am. When I arrived, a woman from the office of the Board of Health was there. I was let into the apart- ment at that time and was told by Ms. Pelvich that the Board of Health has condemned the stove and I was not to hook it up. Late afternoon on Friday, upon returning to my office, I received a message from you that you were told that the installation could proceed. I informed you that I could not install it until Monday, because I would need to obtain a permit before installation could take place. I called your tenant and left a message on their answering machine, that I could not install the unit because of this, and I would be there Monday morning. She did not return my call. When I arrived at your tenants apartment, on Monday morning; I was let in by the son. I was ordered out of the apartment by both John and Sherry Pelvich. I was told to leave the same way I came in, that I didn't have an appointment. Upon returning to my office, there was a message on my answering machine from Ms. Pelvich, saying she was sorry for kicking me out, and that she hasn't had heat for 8 days and that I!did not schedule an appointment with them. I feel these tenants are trying to cause you aggravation by not allowing me to do the job you hired me to do. :The job could have been done very simply and they are playing games which I do not wish to be a part of. Yours truly, .? Kenneth D. Park Ken Park Plumbing & Heating . Master Plumber Lic. #9273 Signed by Kenneth Park in my presence on April 3, 1991 ' Lois L. Liberman, Notary Publi My commission expires FORM 494 - SUMMONS WITH OFFICERS RETURN HOBBS & WARREN, INC PUBLISHERS DUCES TECUM REVISED DEC, 1971 BOSTON, MASS. G, 4e Tonm Itturatfll of Matisarlpirthl Essex --------------------------------------------------------ss. oF1 .......................................................ss- oil Allison Conboy North Andover --Boar&'M..fbdlth \ ........................................................................................... Town. - E al 1, — 12.0., Mai-n:.� ... S.t .......... NorthAndover, Ma. 01845 �\ ............... ............ ........................... ........ ................................... ............. ......................................... ............................ .................................................. .................... ......................................._._.greeting. Litt arr 1jrrrht uquirrb, in the nacre of The Commoniceallh of jHassachusells, to appear before the ........... Di.st.ri.c.t ............ .............. Court holden at Lawrence Essex ....................................within and for the county of---...... . - --------- -------.-.-.-.-.-.-.-. .. ...... 11th April 1991 Oil the.. ........... ............day of .............................................. at ......................9 -:..0.0 o'clock in the.._- fore noon, and front, day to day thereafter, until the action ............ hereinafter named is heard by said Court, to give evidence of tchat you know relating to an action of .... — summary . . . ... process- . . , .-tben and there to be heard and tried between ..... .... . .... between---...............................--__._.. Michael J. Buss ......................................... ........ .... .....................Plaintiff and John Peficl� ........................................ ......................................................................................... Defendant and you are further requiredu to bring ivith,yo..... ... any and all records, notes, diaries ----- * .... * -------- * ..................... * ...... ..... *,-** ... * .... * ........... . of any type or description dealing with appointments,Conversations, ....................... .............................................................................................................. ............ ........... or correspondance for the premises situated at 73 Main St. 3rd floor .............................................................................................................................................. ................ North Andover, commonly known as Apt. 3. ............................................................ ......................................................................... ..................... JjrrrDf fail tial, as fou will ansuer your default under the pains and penalties in the lau, in that behalf made and provided. Methuen 10th April Dalrbal ...... - .................................. ............. the .................................... ....... day of---..................... A. D. 1991 9..,- ............. ...... ......... ............. ftir-hC1rC1,Leq 11aydeV0 "Y I'c -- J�un ire -of- rh- -Puce MV commission expires November 25,1994 P.O. Box 144, Methuen, Ma. 01844-0144 CM.L oAcx L1 -M376/200 FORMS L1 -M176/400 FORMS �GUG�t�tou//J �:tll�t � ,�%y / 11140-e tall /Uli/leaiy v /iia Gr��✓ a /� 'y ��ce uuit BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 HEARTNr, - MTCT-TAFT. RTTCc _ vim: '17 TEL: 682-6483 Ext. 32 or 33 Ms. Conboy updated the Board with a complaint from a tenant at 73 Main Street #3, and the results of an inspection of the premises. Mr. Buss was present and a lengthy discussion ensued in reference to an order letter sent to Mr. Buss regarding a number of defiencies in the unit, some of them being critical violations. Ms. Conboy stated that the critical violations have been corrected. Mr. Buss requested a hearing to discuss these issues with the Board and wanted the Board to waive some of the violations. On a motion by Mr. Osgood, seconded by Dr. MacMillan, the Board voted unanimously to the following modifications to the order letter dated March 28, 1991: 1) To submit documents to the Health Office as evidence that the tenants at 73 Main Street #3 have vacated the unit That the unit remain vacant until the Board of Health reinspects and deems the premise in compliance with the State Sanitary Code'. 2) All violations noted on the March 28, 1991 order letter must be corrected by June 13, 1991 and to notify the Board of Health when all violations are corrected in order that a reinspection may be.conducted. /AUC c j SG -1 IS P corl dr L�� c710 o jVt-� f U -t (t+ yam ESSEX, u TatnntonwraI14 of Massar4usrtts Igistrirt (courts of Massar4usrtts Bistrirt (Lauri of Eawrrnrr 1. Please enter my appearance as attorney for -T l� Liss in the above -entitled proceeding. �1 Z (signature) (name 1 Z'( (address) Telephone ^� (date) l P �� /`-w►G/ cv` COMMON'"'EALTH OF MASSACHUSETTS DISTRICT COURT DEPARTMENT OF THE TRIAL COURT LAWRENCE DIVISION Essex, SS 1 Ci-tl Action No. b Y U S 1 Mlc p eft; : AGREEMENT. FOR TUDGMENT. 5ummar% Process - It is here.bv agreed that judgement may be entered in thic action for - - plaintiff herein, against defendant herein. (�() For possession on1\- of � �J t'! 5-T (. ) For possession and rent or damages in the sum of S 00 Withtout) costs of S _. ( Exct utton (to Issue) (stayed -until y 1 O It is here agreed that judgment may he entered in this act— for L.t\hi m nereln, mains( plaintiffn, for dismissal. All p hies below waive notice otherwise required by Rule 77. ? i" f� l w__n AA / -1^ - Signed Signed Attornev for Plaintiff Attornev for Defendant Address Address July 12, 1991 N. Andover Board of Health Allison Conboy 120 Main Street North Andover, MA 01845 To: Ms Conboy Per our conversation during your 07/12/91 inspection of my property located at 73 Main Street, 3rd Floor I am hereby requesting an extension through the first week of August to complete the work needed in the apartment to bring it back to its original condition. I will be in contact with you for final re -inspection upon its completion. If you should have any questions feel free to contact me. Regan s, Michael J. Buss 47 West Shore Road Windham, NH 03087 BOARD OF HEALTH 120 MAIN STREET NORTH ANDOVER, MASS. 01845 COMPLAINT FORM DATE: _Nry,, l�1� �� . I `� I CASE # Ei.. C 82-•(A83 Exi..3'? or. 33 COMPLAINANT • 1 In (J • l dna v\.Ann. ADDRESS: 2n8 PHONE --�T COMPLAINT• -J-.t JIA- DATE OF INSPECTION • ![/ OR T6 S <X, -5L I S 06d e e't oc dcm IT I( ke- �a6 ivy Michael Buss 47 West Shore Rd. Windham, N.H. 03087 July 19, 1989 RE: Housing Violations - 73 Main St., N. Andover q _ �k� T-cowp t�q I vr�5- On July 19, 1989 representatives of the Building and Health Departments inspected your property at 73 Main St. We found several violations that will have to be repaired. The violations are, by regulation and description: 410.553 Screens. Some of the windows are missing screens). 410.350 Bathroom. The plumbing connections to the sink, tub and toilet leak. Fix them. 410.500 Structural elements. The boards in the porch floor are rotten. Replace them. 410.503 Railings. The railing around the porch is loose. Fix it. In addition to these violations, the smoke detector was broken. That is a violation of building codes. The tenant requested a lead paint inspection. Since the Health Dept. does not own the necessary equipment to test for lead paint we contacted the Lawrence Lead Paint Authority and requested an inspection. At the time of this inspection the lead paint inspector had not visited the apartment. Results of that inspection will be forwarded to you. You have seven days from receipt of these letter to notify us of your repair arrangements. Michael Graf R.S., C.H.O. N. Andover Health Dept. Enclosed Copies: Tenants Rights and 410.830 cc: Martin, 73 Main St. Building Dept. Fire Dept. Avir7p, 114,9✓l st7 Cr,&C, V �(l�vl f'�i► cls moi% 1 -rCJb dreA#,? ptre GS 17— &CACr- (Ac;- " P706V, TO: Tom Lennon FROM: Michael J. Buss DATE: March 28, 1991 Tom, As of today, March 28, 1991 I am relinquishing you, Tom Lennon, of your duties as Building Manager and Maintenance. As my representative, I had faith and trust in you to care for my properties at 73 and 75 Main Street in No. Andover in my absence. During my serious illnesses over the past few years I had only been able to visit my property on a few occasions which is why I had appointed you the Building Manager and Maintenance. I didn't feel it necessary to request seeing each individual residence since I had complete trust that you were responsible enough to care for the grounds and minor repairs. You had been given names and phone numbers of an electrician and plumber for emergencies. You've always had my phone number to contact me whenever you felt it necessary. Even through my illnesses I expected you to keep me informed of the maintenance needed. There is no excuse for neglect'_ng your responsibilities. If you felt you were unable to handle the job as Building Manager and Maintenance I would have expected you to notify me of your decision so I could have taken necessary actions to replace you. I never expected you to ignore my tenants' complaints and their concerns. Per Shari Lafitt's recorded phone message she stated that you had been contacted on a number of occassions regarding repairs that were needed in John Pelich's apartment. She stated the neglect has been going on for some time and the repairs were not being taken care of. I had no idea that these repairs were even needed until she had contacted me directly. Her call was received after I had summoned John Pelich with an eviction notice of non-payment of rent. Since then, a number of _complaints have been brought to my attention that I was completely unaware of. The reason, for me to have appointed you as my Building Manager was so you would keep me informed of the situations on Main Street. I am devistated at all these complaints that have transpired since the eviction notice to John Pelich. Since Shari Lafitt's taped phone message and your apparent neglect of my properties, I have contacted Chief Stanley regarding my personal belongings that are in your possesion. I expect the snow blower, vaccuum and the miscellaneous yard tools to be turned over to me in good working condition, as they were given to you. All the keys that had been given to you by Judy Dorin will also be returned to me immediately. I have also contacted Allison Conbov of the Board of Health Dept, prior to Shari Lafitt calling them, to inform their department of the apparent situation at Main Street that developed due to your negligence. I realize now that I should not have put my complete trust in you, otherwise, these complaints would not exist. Once again, you leave me no alternative but to releave you as my Building Manager and Maintenance representative. I will be notifying all my tenants that you will no longer be my Building Manager and Maintenace. I will be requesting from each of them a list of repairs that are needed within their residence or business to ensure that further neglect, by you, has not transpired. Any repair that may need immediate attention will be handled by Equity Properties. Minor repairs will be handled as soon as possible. As per our verbal agreement, the rent prior to you moving in was $620.00 a month. It was agreed that during Your term as Building Manager and Maintenance, your rent will be $550.00 a month with no increases. This agreement was only for the duration of your Position as my manager. Sinceyou are no longer representing me for my properties, your rent beginning May 1, 1991 will be $620.00. The re t is due on or before the 1st of every month. Regards, v Michael J. Buss Sworn before me this Ot #fi1p °0 1of ;Votary pu lIC, my commission expires In addition, a police officer and myself will be at the apartment within the next few days to.claim my belongings and all of the tenants' keys that had been given to you. cc: Steven K. vineburg, Attorney at .Law Chief Richard Stanley, N. Andover Police John Pelich, Tenant of record Allison Conboy, N. Andover Board of Health This letter is being hand delivered by open envelope. A certified letter will follow. M Michael Buss 47 Went Shorey Rd. Windham, N. H. 03087 July 19, 1989 REa Housing Violations - 73 Main St., N. Andover On July 19, 1989 ropronantativoo of tho Building and Hoalth Departments inspected your property at 73 Main St. We found sovoral violations that will have to be repaired. The violations are, by regulation and descriptioni 410.553 Screens. Some of the windows are missing screens). 410.330 Bathroom. The plumbing connections to the sink, tub and toilet leak. Fix them. 410.500 Structural elements. The boards in the porch floor are rotten. Replace them. 410.503 Railings. The railing around the porch is loose. Fix it. In addition to these violations, the smoke detector was broken. That in a violation of building codon. Tho tenant reqs osted a lead paint inspection. Sinco the Health Dept. doom not own the necessary aquipmont to test for lead paint wo contactod tho Lawronce Load Paint Authority and requested an inspection. At the time of this inspection the load point inspector had not visited the apartment. Results of that inspection will be forwarded to you. You have seven days from recoipt of th- 'letter to notify us of your repair arrangements. Michael Graf R.S., C.H.O. N. Andover Health Dept. Enclosed Copies: Tenants Rights and 410.830 cci Martin, 73 Main St. Building Dept. Fire Dept. M co 0 0 LL THE COMMONWEALTH OF MASSACHUSETTS EJOARD OF HEALTH CITY/TOW N DEP RTMENT 41or ADDRESS TELEPHONE Address �� / - Occupants _ Floor __..._ Apartment No. No. Occupants No. of Habitable Rooms _—_ No. Sleeping Rooms No. dwelling or rooming units _ No. Stories _ cU Name and address of owner �L�-1� �(� Remarks Req. Vio. YARD Out Bldgs.: Fences: Garbage and Rubbish: Containers: Drainage Infestation Rats or other: STRUCTURE EXT. El B 11 F ❑ M Steps, Stairs, Porches: Dual Egress: and Obst'n.: Doors, Windows: 1 Roof Gutters, Drains: Walls: Foundation: Chimney: BASEMENT Gen. Sanitation: Dampness: Stairs: Lighting: _ STRUCTURE INT. Hall, Stairway: Obst'n.: Hall, Floor, Wall, Ceiling: Hall Lighting: Hall Windows: HEATING Central ❑ Y ❑ N TYPE: Chimneys: Equip. Repair Stacks, Flues, Vents: PLUMBING: ❑ MS ❑ ST ❑ P Supply Line: Waste Line: _ H.W. Tank(s) Safety and Vent(s) ELECTRICAL ❑ 110 ❑ 220 AMP: Panels, Meters, Cir.: Fusing, Grnd.: Gen. Cond. Distrib. Box: Gen. Basement Wiring: Kitchen DWELLING UNIT Ventil. Lgtng. Outlets Walls Ceils. Wind. Doors Floors Locks _ Bathroom Pantry Den Living Room Bedroom (1 _ Bedroom (2) Bedroom (3) Bedroom (4) Hot Water Facil. Sup. Ten., Gas, Oil, Elect.:. Stacks Flues Vents Safeties: _ Kitchen Facilities Sink Stove Bathing, Toilet Facil. Vent., Plumb., Sanit'n.: Wash Basin, Shower or Tub: Infestation Rats, Mice, Roaches or Other: Egress Dual and Obst'n: General Building Posted: Locks on doors: ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE AUTHORIZED INSPECTOR. (See Over) "THIS INSPECTION REPORT IS SIGNED AND CERTIFIED UNDER THE PAINS AND PENALTIES OF PERJURY." INISPECTOR' �7T�L' DATE-7 -�-,� TITLE A.M. TIME l/ P.M. THE NEXT SCHEDULED REINSPECTION d� r� i 410.750: Conditions Deemed to Endanger o Impair Health or Safety 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 these 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. Because Chapter II, 105 CMR 410.000 through 410.499 state minimum requirements of fitness for human habitation, any violation has the potential to fall within this category in any given situation but may not do so in every case and therefore cannot be included in this listing. Failure to include shall in no way be construed as.a determination that other violations may not be found to fall within this category. Nor shall failure to include affect the duty of the local health official to order repair or correction of the violation(s) pursuant to 410 CMR 410.830 through 410.833 nor shall it affect the legal obligation of the person to whom the order is issued to comply with such order. (A) Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary needs of the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer. (B) Failure to provide heat as required by 105 CMR 410.201 or improper _venting or use of a space heater or water heater as prohibited by 105 CMR 410.200(B) and 410.202. (C) Shut-off and/or failure to restore electricity or gas. (D) Failure to supply the electrical facilities required by 105 CMR 410.250(B); 410.251(A), 410.253(A), 410.253(B) and the lighting in common area required by 105 CMR 410.254. (E) Failure to provide a safe supply of water. (F) Failure to provide a toilet and maintain a sewage system in operable condition as required by 105 CMR 410.150(A)(1) and 410.300. (G), Failure to provide adequate exits, or the obstruction of any exit, passageway or common area caused by an object, including garbage or trash, . which prevents egress in case of an emergency 105 CMR 410.450 and 410.451. (H) Failure to comply with the security requirements of 105 CMR 410.480(D). (I) Failure to comply with any provisions of 105 CMR 410.600 through 410.6.02 which results in any accumulation of garbage, rubbish, filth or other causes of sickness which may provide a food source or harborage for rodents, insects or other pests or otherwise contribute to accidents or to the creation or spread of -disease. (J) The presence of lead-based paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public Health Regualtions for Lead Poisoning Prevention and Control 105 CMR 460.000. (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 dafety. (L) Failure to install electrical, plumbing, heating and gas -burning facilities in accordance with accepted plumbing, heating, gas -fitting and electrical wiring standards or failure to maintain such facilities as are required by 105 CMR 410.351 and 410.352 so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment to health or safety. (M) Any of the following conditions which remain uncorrected for a period of five or more days following the notice to or knowledge of the owner of said condition or conditions: (1) lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a stove and oven or any defect that renders either operable. (2) failure to provide a washbasin and a shower or bathtub as required in 105 CMR 410.150(A)(2) and 410.150(A)(3) and any defect which renders them inoperable. (3) any defect in the electrical, plumbing, or heating system which makes such system or any part thereof in violation of generally accepted plumbing heating, gas -fitting, or electrical wiring standards that do not create an immediate hazard. (4) failure to maintain a safe handrail or protective railing for every stairway, porch balcony, roof or similar place as required by 105 CMR 410.503(A) and 410.503(B). (5) failure to eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550. (N) Amy other violation -of Chapter II not enumerated in 105 CMR 410.750(A) through (M) shall be deemed to be a condition which may endanger or materially impair the health_or safety and well-being of an occupant upon the -failure of the owner to remedy said condition within the time so ordered by the board of health. r -7 -r -r F J L") IrCl I i - 7 ��5 1 31Z LTZ-1 y - o YCII-I - � s ti -7 S eve �o) A-.) G� P —1? /Uo ve�C/c,�,T- opn IV I l ( relc-�, l t l,-tv r. /t% . rh i p s a 1 1 141989 IBUILDIN, DEPARTMENT I`x t� WfiI nspOcJor-` bcrwa - k AeaLfh- � - / -3. C95 Dear- �' rS ka-ve- �)cvaep-s (-j �-L4-N ry-ol C�i 1-0-S S4ecc" po 4�A c rew ('-S nj The.. (s ro 4N-1 nj kn '(4 Lao W� One, of -4 c 'lcor- tecui i V),r�AaA)-� IeO,' -the rzbr--'- 6vad r, e, A, I-) e t 5 4e S. 4i-,jc) Tke I um,-�- of r cap, P,6 -t bc?- SkJ- Cbyy) e5 on n Ja• i The. 6(-Dt(er (4r-o,,,ef- -b 4ke--- s4-ove 1S n,+ and, O� . lke- -Ipa�r-4 on -4 -1 -c - ?i ce- Cprl-g por&l-) - rr�xsA,.- S(o 64u,4-rcz, -c/ ( wkr4`, 73 Ina,'Iq Sf 91`� I�c,� ��vrj 1�r/✓civ 6k6-uu;7p - �7 l & 's IL L- L ..� u� •L L4 r7 2c� i Notice to APPLICANT/TOWN CLERK and Certification of Action of Planning Board on Definitive Subdivision Plan entitled: SUBDIVISION PLAN OF LAND "LIBERTY HILLS II" By: MERRIMACK ENGINEERING SERVICES, INC. dated JUNE 1988 , 19 The North Andover Planning Board has voted to APPROVE said plan, subject to the following conditions: 1. That the record owners of the subject land forthwith execute and record a "covenant running with the land", or otherwise provide security for the con- struction of Kays and the installation of municipal services within said sub- division, all as provided by G.L. c. 41, S. 81-1. 2. That all such construction and installations shall in all respects conform to the governing reales and regulations of this Board. 3. That, as required by the North Andover Board of Health in its report to this Board, no building or other structure shall be built or placed upon Lots No. as shown on said Plan without the prior consent of said Board of Health. 4. Other conditions: co Lj < J "SEE ATTACHED" In the event that no appeal shall have been taken from said approval within twenty days from this date, the North Andover Planning Board will forthwith thereafter endorse its formal approval upon said plan. .11 MRTH�7PIAMP BOARD Date: y" Jun'e 15, 1989 By: Paul A. H 4 . . r a FORM 494 - SUMMONS WITH OFFICERS RETURN HOBBS & WARREN. INC PUBLISHERS DUCES TECUM'REVISED DEC. 1971 4 0C,5TON. MASS. 04r T11utnw=ra1 of ttlisar*M11 ................................... ssex wj1---.------- Michael-•GrafR.S.,C.k1.0. - ---------------------- ---•----------------------•--•-------------....------•--•----•---•-----.......------------.Board._of Health' -------------- -- .... Town of North Andover --------------------•--...----•-------•-----------------................------.-----------.................... I •--.........-•---------......................•---••--•---------........--•--------- ----------------------------------------------- ............gree,'ing. IjAn are 4rrebg commanbeb, in the name of The Commonwealth of Massachusetts, to appear before the ............ Dl_et.riCt....... ............................ Court ......... Dockett #1037/89 holden atwithin and for the county of. Lawrence Essex --------------------------------- -- - - - - ------ -------------- ----------- on the .................................................. 10th .......... day of .............. August., -19$9 ..... ........ .--------- at ............ 9.-00 ................o'clock in the --.fore__ ... noon, and front day to day thereafter, until the action hereinafter named is heard by said Court, to gil,,e evidence of what you know relating to an action + of ... eviction ----------------------- then and there to be heard and tried between ................. ............... ....... ------------ ftchPsel..Du$$........................................................................... .................. ----Plaintiff and ............Donna Martin & Edward Martin..............................................................Defendant and .you are further required to bring with, you -...-a11.. Letters., --reports, memoranda or any other ..........-• �rri.tin g ..... p -------------------- ----------- - ' ... r.. " g..coc�cerntnns_peetion.-and,-or cpm laints at 73 Main Street North Andover. A................................................... ..................... --------.........----- --- .............•--•----•-----..........---------------------------------------------------------------- 1�rrrnf fail nnt, as you will answer your default under the pains and penalties in ti%c laz.0 in that behalf made and provided. Uatebat ...........------..iia-wrence ..................... the------------------..........9th.-------._day of..... Augt..-. . A. D. 19 89. 2 1----------------------------- Notary Public--+�--.c-hc Nr!c �I T"UE COPY ATTEST C a N STABLE Date 4/12199 Complaint# 31 Complaintant Sherry Addresss J.N. Phillips Auto Glass Complaint Grease bucket from the restaurant next door was tipped over and a horrible smell was coming from it. Action Rudy went to check it and it is ok Owner of Property I Owner's Address I Phone# 687-8787 I OL Sent ❑ Date 4/15/991Complaint Complaint# 32 Complaintant Anonymous/calling for landlord Addresss 73 Main Street — Action Owner of Property Owner's Address Phone# r Date F 4/15/99 Complaint# Complaintant Address Owner of Pro Owner's Ad Phone# Tenants on the 3rd floor - trash andgarbage all over the back inside hall. It smells horrible. Wants someone to go out there and check it. OL Sent ❑ Complaint Called and complained before. Trash all over the parking lot from the wind and noose has picked it up. Caller is pretty upset.