HomeMy WebLinkAboutBuilding Department letter - Correspondence - 505 SUTTON STREET 11/25/2025 0
TOWN OF NORTH ANDOVER
Office of the Building Department
Community and Economic Development Division
Paul G Hutchins Steve Galinsky
Building Commissioner Plumbing/Gas Inspector
Joel Bedard Jonathan Tortora
Local Building Inspector Miring Inspector
Telephone 978-688-9545 Fax 978-688-9542
Date: November 25, 2025
To: Owner of Record-
Sutton. Street Redevelopment, LLC 231 Sutton Street Suite 1 B,North Andover, MA 01845
RE: Electrical Nuisance-Breaker Tripping
507 Sutton St. Apt# 1312, North Andover, MA 01845
Property: 505 Sutton St. North Andover, MA 01845
Address/Map:Parcel ID 474.0=0023-0000.Q
The resident of 507 Sutton Street, Apt#1312, Cheryl Stankiewicz, has brought this matter to my attention and
we have been working together to find an acceptable and safe resolution. It is my understanding that several
breakers in the unit have been"tripping"without discernible cause and leaving the resident without code
required provisions for power intermittently since June 2025. The resident estimates that this phenomenon has
occurred approximately 50 times during that period.
Unfortunately, this is a rather common issue in the electrical trade since these types of breakers have been
required increasingly by the National Electric Code since 2011. To clarify, these are not typical circuit breakers
as they afford an increased level of personnel protection. There is AFCI (arc fault protection) which is designed
to sense the characteristics of an electrical fire resulting from either equipment failure or installation
deficiencies. It is commonly accepted in the electrical industry that the leading cause of residential electrical fire
is loose connections. Therefore, AFCI breakers are required to mitigate this hazard. I will acknowledge that
over the years there has been some "erratic" performance with AFCI protection, but NEMA (National Electrical
Manufacturers Association) has made great strides to address these issues and the MA state code does not allow
for removal of the required protection.
The breakers in question are known as "dual function" because they also provide GFCI protection which is
required in areas where water is present to prevent electrocution resulting from power seeking water as a
ground. MA 527: 12 - Rule 11 does address GFCI incompatibility and spells out a process by which a licensed
electrician with a permit to do so can follow to address corrections. That being said, several different
electricians have contacted me regarding nuisance trips at this property and I informed them all as well as the
resident of the pertinent statutes.
Below is an outline of the process that should be followed to resolve this issue for the resident. It is my
understanding that in house maintenance has responded to the resident complaint, as well as a mechanical
contractor four times and most recently an electrician on 11/19/25.
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According to the information that has been transmitted to me via several sources, albeit incomplete; the
indication is that the proper procedure has NOT yet been followed. The resident has been significantly
inconvenienced by this issue and a resolution must be made in a reasonable time. The resident was told by the
most recent electrician that the previous contractors did not address the issue properly and they made
corrections which needed a"trial period" to see if they fixed the problem.
Subsequently, the resident received a letter (see attached) from an attorney purporting to represent the property
owner. This communication was fraught with inaccuracy and in my qualified opinion was not fair or
transparent. I am writing this to specifically address that letter and make clear the position of the building
department as the authority having jurisdiction. Coincidentally, the breakers tripped the same day the resident
received this letter and the matter is not resolved. It is my professional opinion that the breakers are sensing
either a wiring or equipment failure that may not be apparent. The building was built years ago and this required
protection functioned properly since. Because this issue has recently arisen and the breakers have been replaced
multiple times, troubleshooting logic would indicate a problem with either field wiring or a device.
Pursuant to the provisions of-
* NFPA 70—National Electric Code
* 527 CMR: 12 - MA Electric Code
* As per article 210.8 and 210.12 - AFCI and GFC1 protection required
Corrective Action Required:
I. A licensed professional electrician shall determine via the troubleshooting LED on the breaker whether
the trips are indicating AFCI or GFC1 related.
2. A licensed professional electrician shall check all connections and devices on that circuit.A licensed
professional electrician shall use a multi-meter or a mega ohm meter to assess the resistance of the
circuits and ensure ranges are within specification considering distance, gauge and application of wiring.
3. A licensed professional electrician shall check the unit panel to determine if there is power on any
grounds or between neutral and ground on any circuits because this can be known to cause erratic AFCI
performance.
4. A licensed professional electrician that determines a GFCI incompatibility must follow Rule 11 and
report the incompatibility to NEMA, the breaker manufacturer and the equipment manufacturer. Then
obtain a permit and electrical inspection to confirm the procedure.
Failure to comply may result in fines, enforcement action, or revocation of occupancy/use permits until
compliance is achieved.
My goal is to work with the owner in order to get the electrical systems in compliance for the safety of the staff
and other visitors. If you have any questions or need assistance, please contact me.
Sincerely,
Jonathan Tortora
j tortora(Di northandoverma.gov
Electrical Inspector, Town of North Andover, MA
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I www.all-law.net I doshfon@all•law.net 1 781.835.8700 1 28 Church Street,Suite 12 Winchester MA 01890
November 24,2025
Via First-Class Mail
& Hand Delivejy
Cheryl Stankiewicz
507 Sutton Street,Apt. 1312
North Andover, MA 01845
RE: Electrical Issue Resolution and Lease Terms
Dear Cheryl Stankiewicz:
Please be advised that this office represents your landlord, the owner of the residential
community known as 505 Sutton (hereinafter the "Property"), in relation to the above-referenced
matter. We are writing in response to your recent communications regarding the electrical issues
in your unit at the Property.After a thorough review of the matter, including reports from-licensed
electricians and confirmation from-the building commissioner, we can confirm that the electrical
problem has been resolved and the apartment is safe for occupancy.
While we understand the inconvenience caused, the issue has been promptly addressed and
does not render the unit uninhabitable under Massachusetts law. Therefore, no rent credit or
concession will be applied. You may continue your lease under its current terms.Alternatively, if
you choose to terminate your lease early, you may do so without penalty. This option remains
available until the lease end date of July 2026,
A transfer to another unit is available;however,the rent will not be matched to your current
studio rate.
Please be advised that withholding rent will result in legal action. Your unilateral decision
to abate the rent for any future months is unacceptable, and my client reserves all rights to pursue
the entire amount due for any use and occupancy of the apartment that you fail to pay, as per the
terms of your lease agreement. We trust.this clarifies our position.and resolves the matter.
Very truly yours,
Amanda B. Santos
Cc: Client