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80 Complaint Record 2010/11 Parker & O'Grady ATTORNEYS A T LAW Cheryl.A. Parker William I.O Grady Martha Q.Fcrabelo L'S 1A1AML&F{tCSL'.SILE(413-587-1221) Northampton Board of Health 212 Main Street,#101 Northampton,MA 01060-3112 YAtat k12/b3 124 ea09gc Hirelnaay,PO.Boa 39915ourkampmn,MA 01073-0299 (413)527.8060 voice (913)5276533 fn www.packenndogndy mn December 7,2010 Re: 80 Barrett Street,A-2,Northampton,MA Dear Ladies/Gentlemen: cpadu.@n•krnndogadywm wugndy@padcecandogndymm mfaeabdo@nrkmandogndyenm °lease be advised that this office represents the interest of Samantha Cunliffe who is a tenant at 80 Barrett Street.A-2,Northampton, Massachusetts. That property is owned by Betandri,L.L.P. and managed by Kendrick Property Management, Inc.of 1185 N. Pleasant Street,Amherst,Massachusetts. on September 2,2009,September 15,2009 and most recently on December 1, 2010,the sanitary sewer system maintained and operated by the Lessor at that property backed up thmugh the bathtub and toilet overflowing into Ms. Cunliffe's apartment She has been unable to return to her apartment since December 1,2009 as a result of the extensive sewage that flowed through her apartment and into the common areas. Although my client was advised that the bathroom area has been cleaned and sanitized, the last report we had was that the carpets throughout the unit were still wet with sewage and were being dried. There was no mention then they were being sanitized,although my client was advised that she could return to the apartment My client has been constructively evicted from the apartment and it is unreasonable for her to return,even to pick up her personal property,unless and until the apartment has been inspected and deemed free of contmnination. ky-42. Nycr— Ls S-3.tr 1.mx _ N o G � 6 � (2 ((,) -P14 pro round, l 114 `` �I- ('��7.,.� uJ cut .�J �Ltlw /`eQU-t��/' � r 03 CIemur Srcct.5p303fidd.MA 01103 (4I4)737_7694 vela pm rolll 11.to Northampton Board of Health December 7,2010 Page 2 We would appreciate it if you could advise us what,if anything,the Board of Health has been told about this situation and whether or not it is safe for my client to return and remove her personal belongings. Thank you for your attention to this matter. Very WJO/laf cc: Samantha Cunliffe(via email only) t‘Bil4LotiCLINLITf E1NorthuMm aid of Hla,.da _!YRI!(MLe 1LLy Z Parke & O'Grady ATTORNEYS AT LAW Cheryl A.Parker William J.O'Grady Martha Q.Pcrrabclo 124 College Highway,P.O.Box 249.$auchnmpdm.MA 111107 114249 1413}527-1366O voice (413}52145523( w.xp1enndaendycom cparkcygpatkerandogradycom w bd4 , k t o4ogndycm e apga orndycam IFAX TRANSMISSION COVER LETTER DATE: December 7, 2010 PLEASE DELIVER THE FOLLOWING PAGE(S)TO: NAME!: Northampton Board of Health COMPANY: FAX NUMBER (413) 587-1221 FROM: William 3. O'Grady, Esquire TOTAL NUMBER OF PAGES(INCLUDING THUS COVER PAGE): MESSAGE: 3 The documents accompanying M®fax transmission contain information from the law firm of Parker& O'Grady which is confidential or privileged. This information is intended for the nse of the addressed individual or entity. If yon are not the intended recipient,be aware that any disclosure,copying,dishibtlt ee nr ore of the contents of this tekeopied Intormrtlou k probtited. Ifyoa have received this inasmissmn In error,picric notify in by tekphone at(413)5278660 so that we ten arrange for the retrieval of the documents at no cost to yen. it there are any problem,receiving this transmission,please al(413)5278660 and ask for Lori '3 Charms:9re_y.n,eld.MA 01103 :Alga mselod IZ/zIRLnu If : IZ YI{Y. 4' IJ 3t41.V4 1X31 up aen vice.. e.,...-r IN TAR® Rosteatioa * Reconstruction * Renovation 100 State Sfteet,P.O.Box 609;Ludlow.a4 01056 413.5947800•Flt 418.594,602 To Whom It May Concern: On 12/1/10 we were called for and emergency at Pheasant Hill Apt. s0 a trout St Northampton MA We extracted all storm water, steam cleaned and disinfected all areas of bi Wings A-D lower units and set up drying equipment We removed all carpet and pad in all the lower units in building A-D inch ding the hallways in A. Steam cleaned and disinfected aq floors, lower walls and o Intents in these areas Stearn cleaned shampooed and disinfected the stairs going to the basemen and lower hails in Building A-11 If you have any further questions on this matter pleasacotnact me at 413-255-9349 J n Medley P jest Manager I tar Services Group, L.P. 100 State St. Building g Ludlow,MA 01056 1-800-7g3-7668 Z00 leSIar Services Group, L.P. Corporate Office♦ 7439 Pebble Drive •Fort Worth,TX 76118• 117-59S-9988• FAX 817-595-9987 Mathew/es 166•INSTAR-S wwa.JBAarsetas.moo -F3 CZ:Zt BTOZiLO/S Storm Fact Sheet Page 2 of 2 • Add a block of ice to the refrigerator if the electricity is off longer than 4-6 hours.As this ice melts,the water may saturate food packages.Keep packages out of the water as it drains_ • High protein foods(dairy products,meat,fish,and poultry)should be consumed as soon as possible if power is not restored immediately.They cannot be stored safely at room ta.y,.ature. • Fruits and vegetables can be kept safely at room temperature until there are obvious signs of spoilage • A fully stocked freezer will keep food frozen 2 days if the door remains closed.A half-full freezer can keep foods frozen about one day. • If you are purchasing perishable foods from a market in an area that has been affected by power outages,make size that the cold forts have been kept below 45 degrees F.and that hot foods have been kept above 140 degrees Generally,do not eat any food that has come in contact with floodwater,especially root and garden vegetables.Carus fiuits should be washed well,sanitized in a chlorine solution and peeled before eating.Apples and other fiuits should also be cooked before eating.Carefully examine all canned and bottled goods,these are usually not affected but should be washed thoroughly with approved drinking water and a mild disinfecting solution and rinsed prior to opening and use Canned or powdered milk may be substituted for flesh milk Injury Prevention Hazards of floods continue to exist after the water recedes as orkers olunteers and homeowners begin to clean up. There are many hazards besides drowning which may cause serious injury.Some basic cautions should be taken as follows. Electrical hazards:When entering flooded areas,be aware of electrical hazards.Don't touch any electrical equipment unless you are absolutely sure it is properly grounded or that the power is off Also,don't operate any electrical equipment that is not specifically designed for use in wet locations.The water in which you are standing will provide a path for the electricity if you touch any equipment that is not properly grounded That path will go through you too. Never handle a downed power line.If clearing or other work must be performed near a downed power line,contact the utility company.Extreme caution is necessary when moving ladders and other equipment near overhead power lines to avoid inadvertent contact Carbon Monoxide:Flood cleanup activities may involve the use of gasoline or diesel-power d pumps,generators,and pressure washers.Because these devices release carbon monoxide,a deadly,colorless,odorless gas,operate all gasoline-powered devices outdoors and never bring them indoors. Back Injuries:Get help to move heavy objects.Working on slippery surfaces can also cause injuries.Make sure you have a farm footing before lifting.Make sure you have a clear path for carrying heavy objects. Heavy Equipment:Never operate equipment that you have not been adequately trained to use When crews are working arotmd heavy equipment,site control is critical.During an emergency,people will not pay attention to back- up alarms.Do not work around heavy equipment unless it is absolutely necessary.Have as few pedestrians in the area as possible. Structural Instability:Never assume that water-damaged structures or ground are stable.Soil is also easily destabilized in wet conditions and may collapse without warning. Additional questions about proper disinfection procedures and other potential health problems related to the storm can be directed to the local Board of Health in each city or town. This information is provided by the Community Sanitation Prooram within the Ipartment of Public Health. ®2010 Commonwealth of Massachusetts http://www.mass.gov/?pagelD=eohhs2modulechunk&L=4&L0=Home&L 1=Government... 10/1/2010 Storm Fact Sheet Page 1 of 2 The Official Website of the Office of Health and Human Services(EOHHS) Mass.Gov Health and Human Services Home>Government>Local Government>Community Sanitation> Storm Fact Sheet Flooding Ifa person must come into contact with the floodwater they should take the following general precautions: • Keep all children and pets out of the floodwater. • Check in on elderly or chronically ill neighbors to make sure that they are safe. • Wear waterproof boots,gloves,eye protection and clothes that are either water resistant or disposable • Make sure all gas and electric utilities to the affected area are turned off by appropriate persons before you enter_ • Keep contact time with flood waters t min: um and a o d splashing.It is especially impottant to keep the water out ofmouth,eyes and nose. • If there has been personal exposure to the flood waters,bathe or shower thoroughly with soap and water and wash all contaminated clothing in hot water and a detergent. • Make sure tetanus immunization is up to date for any person who is exposed to flood waters.For most adults, having received a tetanus booster within the past 10 years is adequate.For children,parents should check with their pediatrician to make sure the tetanus vaccination is up to date. • General use of immune globulin(IG)injections for hepatitis A is not being recommended.However,individuals should consult with their primary health care provider if they have significant underlying health problems or are immunocompromised(e.g.,on steroid therapy,chemotherapy for cancer.has HIV or some other disease that weakens the immune system). • Health care providers should be contacted if an individual becomes ill with fever,nausea,vomiting or diarrhea Mier exposure to possibly contaminated flood waters. Wells If the area over a well is under flood water,the recommended procedure for disinfecting is: 1. pour a solution of three gallons of water and one pint of 3%to 6%com ercial bleach directly into the well, 2. open all faucets until there is an odor of chlorine apparent and then close all faucets for ten hours to allow the bleach to kill bacteria present in the pipes,storage tank or well, 3. open all faucets and let the water rut until the odor and taste of bleach have disappeared, 4. have a sample of water,taken 24 hours after disinfecting,tested at a certified laboratory to determine that the water is suitable for use. Note:This procedure results in a high level of chorine so the water should not be used for drinking,cooking,or watering livestock until the chlorine odor and taste is no longer apparent.Use of bottled water or boiling water is suggested if citizens are unsure of the purity of their water supply. Homes and buildings Flooded buildings should be pumped out and disinfected.After the water is pumped out,solid wastes should be disposed of in a functioning sewage disposal system or sealed in plastic bags for ultimate disposal in an approved landfill.All flooded floor and wall surfaces should be washed with a solution of two capfuls of household bleach for each gallon of water.Any household articles affected by floodwaters should be washed with the same solution. Carpeting,mattresses and upholstered f iture should be disposed of or cleaned and disinfected by a professional cleaner. Yards Yards that have been contaminated by flooded sewage systems should be disinfected by a liberal application of lime. Children and animals should be kept away from limed areas until the lime is no longer visible. Power Failure/Food Safety Heavy min can mean a disruption in electrical and gas service and the availability of potable water.When power goes off in the retngemtor,you can normally expect food inside to stay safely cold for 4 to 6 hours,depending on how wane your kitchen is.Here are some additional guidelines: http://www.mass.gov/?pageID=eohhs2modulechunk&L=4&LO=Home&L1=Government... 10/1/2010 01/05/2011 16. 20 FAX 413 694 7802 1114 Al scavi J,ta amour 111 SMR Resteration * Reconalruetlon * Renovation 1-eoo•783SeeT(788t1) 100 Sala Snot P.O.an 909,Lein,MA 01059 413.594-7800•FAX:4119A47802 Pheasant Hill On Tuesday January 4h 2011 at 9:DOazn I walked all the affectec units in the lower areas of buildings A, S, C,& D.1 had with me a thermal imaging ;amera to detect moisture in walls in which I found none. All the lower units that I had walked had baseboard removed in dl the affected areas. I sprayed a bactericide disinfectant in these areas to ensure sanitiz 4tion, I did not see any other issues. Thank You Jason Hadley Project Manager E InStar Services Group,L.P. 100 State Street Ludlow, MA 01056-0609 Office: 413-594-7800 Fos: 413-594.7802 Mobile.• 413.265-9349 Website:www "Ow Basins is Putting You Back in Busbtess_.Fal!" NAT-22172-0 enrparaie Othce 0.-46° -e4 iSpn Sr;r4o Nn0"unrex Yy.✓i,i6'e,N, rxuw,inawr,,ivK?5,"n cf:ZO STO Kendrick Property Management, Inc. 1185 North Peasant St.. Amherst, MA. 01002 Bus ;413)253-0285 Fax (413;253-2383 kendrickrngff-verzon.net SALES RENTALS MLAINTENANCE FAX FAX FAX FAX FAX 1-_t\ Tom DOP2) Fax: Phone: 58 `7 - i i9,21 Re P.Lo Fro ra Pages: including ec'er) C`9- Dare: CC: I - 1.e- 11 • COMMENTS cool Iva cr:zo TOZ/LT/20