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Home My WebLink AboutComplaints - 98 LYMAN ROAD 8/20/2015 i ® I North Andover Health Department Community Development Division November 30, 2014 To Owners of Record: Property Location: Mariona Mallory 98 Lyman Road 98 Lyman Road, North Andover, MA 01845 I North Andover,MA 01845 Board of Health Bearing Finding of Unfitness for Human Habitation In accordance with M.G.L. c. 111, §§ 127A and 127B, 105 CMR 400.000: State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter H: Minimum Standards of Fitness for Human Habitation, a hearing was held on October 23,2014 at 7:15 PM in the North Andover Town Hall, 120 Main Street.Present were the Board of Health members,Health Department staff, family of Mariona Mallory and two members of the local VFW Post 2104. Attendees were given the opportunity to address the Board.The details of the housing code violations found on October 3, 2014 were duly considered. Following discussion, a determination was made by the Board. Pursuant to 105 CMR 410.831 (E). The Board finds that the conditions within the dwelling are such that the dwelling is unfit for human habitation and an order to secure and to vacate has been issued. MOTION made by Mr. Pease to find the home at 98 Lyman Road unfit for human habitation with some conditions that a report is received by the end of Tuesday, October 28,2014 for an action plan and the Board will revisit the finding at the next BOH meeting in November to see if the plan has been followed though.Mr. McCarthy seconded the motion. All were in favor and the motion was passed. On November 20, 2014,the North Andover Board of Health again heard discussion from family, Rob Dufresne, of the VFW Post 2104, and Debra Rillahan Public Health Nurse. It was proposed that although the cleaning has not been completed, sufficient progress had occurred within the 30 days to warrant an alteration of the designation of the home being "unfit for human habitation". The heating system is now operational along with hot water. Promises to continue the work was i i 1 98 Lyman Road November 30, 2014 made. The Board of Health determined that the improvement of unsanitary conditions will be monitored by the Health Dept. team. Motion made by Mr. Pease to lift the current order deeming the home at 98 Lyman Rd. uninhabitable.Motion seconded by Mr. Fixler. All were in favor. Violation Code Condition to Reference Endanger No operating heating system CORRECTED 410.200 yes - owner shall provide and maintain in good operating condition the facilities for heating every habitable room and every room containing a toilet, shower or tub to a temperature set in 401.201 Structure in disrepair—Handrails missing 410.500, yes - shall maintain all means of egress in safe condition 410.501 (C), - owner shall maintain structure free from defect and 410.750(K) weather tight Extreme clutter(i.e. books, furniture, papers etc.)—Extreme 410.6020), yes fire hazard. Partially CORRECTED 410.750 (G) -occupant shall maintain home free of garbage, rubbish (1) (K) or filth or causes of sickness Missing smoke detectors CORRECTED 410.482 -owner must maintain required fire prevention devices per fire code Unclean bathroom on first floor; feces on fixtures and floor 410.750 yes and walls. Second floor toilet not operational No operational 410.150 bathing facility on either floor. Second floor toilet operational and clean -At minimum shall have operational toilet and wash basin in same room -At minimum have shower or bath facilities whether in the same room or not. -all fixtures shall be maintained in clean condition Ceilings with evidence of water infiltration and leaks - 410.500 owner shall maintain structure free from defect and weather tight Extreme clutter and debris prohibited a complete comprehensive inspection. Floors, walls, windows, heating system, septic system operation, kitchen area, basement etc. could not be evaluated and therefore are not listed above. 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688,9540 Fax 978.688.8476 Web www.townofnorthandover.com i 1 I i i 98 Lyman Road November 30, 2014 Please contact the Health Department if you have any questions regarding this hearing notice. Thank you, S san Sa yer, R �EHS Public Health Director cc: Curt Bellavance, Community Dev. Dir. Andrew Maylor, Town Manager Gerald Brown, Inspector of Buildings Andrew Melnikas, Fire Chief Paul Gallagher, Police Chief 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fox 978.688.8476 Web www.townofnorthondover.tom i I i •- 1 • • 1 North Andover Health Department I Community Development Division October 24, 2014 To Owners of Record: Property Location: Mariana Mallory 98 Lyrnan Road 98 Lyman Road North Andover, MA 01845 North Andover, MA 01845 Board of Health Finding of Unfitness for Human Habitation In accordance with M.G.L. c. 111, §§ 127A and 127B, 105 CMR 400.000: State Sanitary Code, Chapter I: General Administrative Procedures and 1.05 CMR 410.000: State Sanitary Code, Chapter 11: Minimum Standards of Fitness for Human Habitation, a hearing was held on October 23,2014 at 7:15 PM in the North Andover Town Hall, 120 Main Street. Present were the Board of Health members,Health Department staff,family members of the owner Mrs.Mariona Mallory and representatives of the local VFW Post 2104. All attendees were given the opportunity to address the Board. The details of the housing code violations listed in the notice dated October 14,2014 were duly considered. Following discussion, a determination was made by the Board members. Pursuant to 105 CMR 410.831 (E). A MOTION was made by Mr. Pease to find the home at 98 Lyman Road unfit for human habitation with some conditions;that an assessment report is received by the end of Tuesday, October 28,2014 and then an action plan soon thereafter. The Board will revisit the finding at the next BOH meeting in November to see if the plan has been followed though.Mr.McCarthy seconded the motion.All were in favor and the motion was passed. Thank on for your anticipated cooperation. san Sa er,R /BETTS Public Healt hector cc: Curt Bellavance, Community Dev. Dir. Andrew Maylor, Town Manager Gerald Brown, Inspector of Buildings Andrew Melnikas, Fire Chief Paul Gallagher,Police Chief Board of Health Members 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com I i North Andover Health Department Community Development Division October 14, 2014 To Owners of Record: Property Location: Marion A. Mallory 98 Lyman Road 98 Lyman Road North Andover, MA 01845 North Andover, MA 01845 Board of Health Hearing Notice Consideration of a finding of Unfitness for Human Habitation In accordance with M.G.L. c. 111, §§ 127A and 127B, 105 CMR 400.000: State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter I1: Minimum Standards of Fitness for Human Habitation,Debra Rillahan,Public Health Nurse for the North Andover Board of Health, and Brian Leathe,Building Inspector, on October 3,2014 responded to 98 Lyman Road,North Andover,Massachusetts. At that time a walk-through of the dwelling was conducted and chronicled by photos.A copy of the photos of the premise is annexed hereto. The response to the property was upon request of the North Andover Dispatch on October 1,2014. On October 1,2014,medical attention was requested for the owner,Marion A.Mallory,who is an elder, and who was transported to the hospital for attention. ,w Based on the results of the inspection on October 3, 2014,the Health Department finds sufficient evidence to consider the dwelling unfit for human habitation. Pursuant to M.G.L. c. 127 B and 105 CMR 410.831 (B). The Board further finds that the conditions within the dwelling are such that this document will serve as notice that the Board will conduct a public hearing to determine whether the dwelling or portion thereof is unfit for human habitation and whether an order to secure and to vacate should be issued. This hearing will be held on October 23,2014,at 7:15 PM, in the North Andover Town Hall Selectmen's Room, 120 Main Street.At the hearing,the occupant(s), owner(s), or any other affected party shall be given an opportunity to be heard,to present witnesses or documentary evidence and to show why the dwelling or portion thereof should or should not be found unfit for human habitation, and why an order to vacate and an order to close-up should or should not be issued. Conditions found within the dwelling,which give rise to the emergency finding of unfitness and determination of immediate danger, include: (see attached photos) 1600 Osgood Street,North Andover,Massachusetts 01845 Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthandover.com i 98 Lyman Road October 14, 2014 Violation Code Condition to Reference Endanger No operating heating system 410.200 yes j -owner shall provide and maintain in good operating condition the facilities for heating every habitable room and every room containing a toilet,shower or tub to a temperature set in 401.201 Structure in disrepair—Handrails missing 410.500, yes -shall maintain all means of egress in safe condition 410.501 (C), -owner shall maintain structure free from defect and weather 410.750(1,C) tight Extreme clutter(i.e. books, furniture,papers etc.)-Extreme fire 410.602(B), yes hazard. 410.750 (G) -occupant shall maintain home free of garbage, rubbish or filth (1) (K) or causes of sickness Missing smoke detectors 410.482 -owner must maintain required fire prevention devices per fire code Unclean bathroom on first floor; feces on fixtures and floor and 410.750 yes walls. Second floor toilet not operational No operational bathing 410.150 facility on either floor. -At minimum shall have operational toilet and wash basin in same room -At minimum have shower or bath facilities whether in the same room or not. -all fixtures shall be maintained in clean condition Ceilings with evidence of water infiltration and leaks-owner 410.500 shall maintain structure free from defect and weather tight Extreme clutter and debris prohibited a complete comprehensive inspection. Floors, walls, windows, heating system, septic system operation, kitchen area, basement etc. could not be evaluated and therefore are nat listed above. Please contact the Health Department if you have any questions regarding this hearing notice. Thank you, Susan S Public H cc: Curt Bellavance, Community Dev. Dir. Andrew Maylor,Town Manager Gerald Brown,Inspector of Buildings Andrew Melnikas,Fire Chief Paul Gallagher,Police Chief Board of Health members 1600 Osgood Street,North Andover,Massachusetts 01845 J Phone 978.688.9540 Fax 978.688.8476 Web www.townofnorthan dove r.coal i t i i i i 1l��r//� ii✓ro�� , �1/f� � j/� If i I b � %�%�%'��/fry i✓� ��%/ ,,,� �� ,fir, ✓ i �Il��`�l r a J � ,,,�-, rlr�ul/1//y{//��t�f1j., � ✓�✓yak/� � ryr �� i r 4 C it ��/>l �l✓rliy� / �� r l i l �✓�//i �' o/err D r �' �� 4�//,.''� ��,rr° /��y✓i 1 /�l✓�{✓ fire/�r��` t r « `� � - +an 1 � �,i/,7 ��✓r �/ �i��uP /iJ/%/ �!� 1 � i, �./ OWN ir��f %iii irk +� ry ut r �' �r v r z �>t �✓� � $� ,, ail�1 � � ��n✓� � ij� �� t ci � �` ern✓ 5/ � ✓ y�✓%� �r✓ ��' i �6fi; �,yi,�'�j°� �r ✓ ✓/ /r ✓ ''�/r /l//iiP✓9✓ l/iii ✓��/ ll n✓ °M"� !/A ��I Iri � /;//,,�� f°�fN��l�//l��. �,r (ri k`I �r� 1� i"r/ ffr' rtiri �y�..'�✓ �� l;�l �Yf "�-�i/J��rll/��/O�l�%�� /� ��,„ ��/ (u��/i, flip!G✓/t r ��i li �✓ %%pi�i i�/�j//iii%//� �� /i��°i ��( � Jr ��; ✓t / �,/�i!i%� /%%/ji!%�� f, ,�„,>l" �� 1 ��G�� l✓i,, ;� fir,�; f �!;�e� h-r/%%',f; sr r r, �J l 'I 1 f i I III, ✓/o / /i / i ��i/ r I I Y�wv j(�a U J 1 ' 1 IL �� 1 i � � r �J ,�ryy n +wv. hr�ry� NU w d1" n d I it i i i i a r U f r� ifi%tj;%% i I i a J�J , s , �QQ / 1 O 1 co Of '1111 gill l ra bu V4 r l r , m i r I/ .,r r r I t e i i i I I i I �7 Nt 00 N S°� N III O ca ❑ O py N ti zo ON C u Q 4. � o °u� O 0 0 Q' Ri .� •bA'� � a`3 8 �°x > � ap a U L+ 8 ,02 3+ fit N G U a a c o , oO 00 r-, oa w a H y� y 3 0 kf) 13 N N O o24y d a aG C7 C a 0 `� o'i '6h F -0. q 44 G7 .ir ,cN p U C7 W F-1 A N a o g 4_1 w �? n o � v � y bA y �7 OAS N a oagb° O a 0 Ha � � t8 u N bb a u o y.y U 9 >... .y N 7 .. a O U A V A U g' GS CA N J Qp � � 1 i I `t f I SS o O � b c 6 v 4 b N o 0 0•� ui 44' a '° wra o � ti Fo vo oaFF� '4*::. 3 � '� H � o a o o �+ a°i c�i a.�`�,,.a � 8 ro U 3 ° u''','o a°� � °� > �� aci � o `'� °• � °' � c�'i b y g p �, � N N•-• y o vio � vo� °o' oEo v ° �Ca +� bna te cntnU�b`y � o a^oiii 3 and _ �U ow° W c aiwwG o � °' c ;ovau� 5 0 3 0� ❑� aw �'u E a ' a��a Q• c°i:d m w w � CU a, O CS N • It N !V O hl t) C C O q fq a 'U 'G N J � a v a N N Op Ct'1 i f 1 I I Sawyer, Susan From: Leathe, Brian Sent: Friday, March 21, 2014 11:36 AM To: Bellavance, Curt; Brown, Gerald; Deems, Maura; Grant, Michele; Sawyer, Susan Subject: FW: 98 Lyman Road Original complaint from police department Last August. From: Burke, John Sent: Sunday, August 11, 2013 11:07 PM To: Leathe, Brian Cc: Kilcoyne, Bob Subject: 98 Lyman Road Brian, The Fire Department went down to the area of 98 Lyman Road for smoke in the area tonight. While there,they noted that the garage at that address is in pretty bad condition, and seems to have a large number of raccoons living in there. I already notified the animal control officer about the raccoons, but they wanted you to know about the condition of the garage. Thanks. Any questions, contact Lt. Bob Kilcoyne at the Fire Department. John Burke North Andover Police/Fire Dispatch Please note the Massachusetts Secretary of State's office has determined that most mails to and from municipal offices and officials are public records.For more information please refer to:http://www.sec.state.ma.us/pre/oreidx,htm. Please consider the environment before painting this email, 1 i i f f I i 1 TOWN OF NORTH ANDOVER NORTH Office of the Building Department Community Development and Services ° 1600 Osgood Street ; A 4 North Andover,Massachusetts 01845 Op F �sSACHU5�� Jerry Brown Telephone(978)688-9545 Inspector of Buildings FAX(978)688-9542 March 21,2014 Mariona Mallory Jacob Vavak Nancy Vavak 98 Lyman Road North Andover MA 01845 RE: 98 Lyman Road, N.Andover MA 01845 Please be advised that upon a visual inspection of the barn/structure at 98 Lyman Road on March 21,2014 it has been deemed that the structure is in an unsafe condition because of roof failure and unsecured doors, and rodent infestation, which may result in injury to abutters or abutters property,local children or anybody utilizing the structure for its intended use. Please accept this letter as a official notice under the Mass State Building Code (780 CMR) section Unsafe Structure 116.1 Conditions. Please contact me so that we may begin the process to remedy this in a timely fashion,I may be reached between the hours of 8:00— 10:00 AM at 978688-9545. Respectfully, Gerald Brown Inspector of Buildings 1 I i TOWN OF NORTH ANDOVER � 0 T Office of Hie Building Department Conimunity Development and Set-vices � 161111 Osgood Street North Andover,Massachusetts 01845 —.'-X .leny Brown °i"dephone(978)688-9545 Inspector cfBuildings FAX(5 78)688-9542 May 5, 2014 Mariona Mallory Jacob Vavalc Nancy Vavak 98 Lyman Road North Andover MA 01845 RE: 98 Lyman Road,N. Andover MA 01845 Second Notice Please be advised that upon a visual inspection of the barn/structure at 98 Lyman Road on March 21, 2014 it has been deemed that the structure is in an unsafe condition because of roof failure and unsecured doors, and rodent infestation, which may result in injury to abutters or abutters property,local children or anybody utilizing the structure for its intended use. Please accept this letter the SECOND official notice under the Mass State Building Code(780 CMR) section Unsafe Structure 116.1 Conditions: Whoever violates any provision of 780 CMR, except any specialized code referenced herein,shall be punishable by a fine of not more than$1000. Or by imprisonment for not more than one year, or both for each violation as per section 5118.4. Each day that a violation exists shall constitute a separate offense. You have fourteen(14) days to contact this office so that we may begin the process to remedy this in a timely fashion. If you do not contact me within the fourteen(14)day time frame we will need to initiate court proceedings. I may be reached between the hours of 8:00— 10:00 AM at 978-688-9545. Respectfully, Gerald.Brown Inspector of Buildings t I �� \ 0 t � i�[ Blackburn, Lisa From: ooUeeneW|ey <cnUeenek11@comcasLnet> Sent: Friday, August 0O, J0I412:33PM To: BeUevance, Curt; Department, Health Cc: 'oe@u|trasafepestznm; Mark Barnard Subject: Potential Rabid Racoons Hello Curt. My husband and I would like to refer the town of North Andover to Joe Scifo who is with Ultra Safe Pest Managment Services inMA. Joe and UltraSafe are licensed PAC agents with the state of Massachusetts. They have trapped and removed Racoons for many towns in this state-on resident owned properties. Please contact Joe to schedule removal of the Raccon problem m/e have been discussing for over ayear. My husband and I would appreciate an update on the progress and action items of the town relating to this issue- Mallory Residence Racoon Infestation. Our last contact involved information pertaining to rabid racoons found in this state outside of the Boston area. This isa health and safety issue,asvve have documented. Thank you. Co||eeneKi|ey / / 1 1 i i i i I ^ Blackburn, Lisa From: Sawyer, Susan Sent: Monday,August l2, 20I34iBPK4 To: Blackburn, Lisa; Grant, Michele; Brown, Gerald Subject: FVV98LvmanRood � From: McCarthy, Amy Sent: Monday, August 12, 2U131:30PM To: Sawyer, Susan Subject: FVV: 98 Lyman Road This is another one—Mark Barnard and the fire department have expressed concerns about the condition of the garage at 98 Lyman. I told them that the garage condition was probably best reported to Health or Building Department and that if there were animals living in there they would have to be exterminated at the homeowners expense... It is against the law to relocate wildlife. I will contact the other caller and advise them of the same.The animals are acting normally otherwise...just found a very convenient hide out. From: Burke, John Sent: Sunday, August 11, 2O1311:8ZPM To: McCarthy, Amy Cc: Ki|cnyne, Bob Subject: 98 Lyman Road Hi Amy, The Fire Department went down to the area of 98 Lyman Road for smoke in the area tonight. While there,they noted that the garage there is in pretty bad condition, and seems to have a large number of raccoons that seem to be living in there. They asked that | let you know about it. Thanks. John Please note the Massachusetts Secretary of State's office has determined that most emails to and from municipal offices and officials are public records.For information please refer to: Please consider the environment before printing this emuo. | � � � � 1 i i 1 i