91 Temporary Restraining Order & Complaint Record COMMONWEALTH of MASSACHUSETTS
THE TRIAL COURT
HOUSING COURT DEPARTMENT
WESTERN DIVISION
37 ELM STREET - P.O. BOX 559
SPRINGFIELD, MA 0110Z-0559
TELEPHONE(413)743-71338
FAX (413)732-0607
DINA E. FEIN
FOIST sisn=
ROBERT G. FIELDS
ASSOOATE JUSTICE
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KEVIN R. BYRNE, SR.
CLERK MAGISTRATE.PRO TEM
7-1.9-16
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Orence 1 o/0la
DefendanUsl
Street
Clly!p
APPLICATION FOR TEMPORARY RESTRAINING ORDER
Based upon the specific fads set out in the attached affidavit/verified complaint filed with the Clerk of this Court,l request
that the Court order the above Defendant(s)In desist and frain from
(e s) twee pcl 0 -Dons
I also request the Court wane Rule 65(c)of MRCP that I provide security for the issuance of the above orders because
•Signed and svo r;,' • Vie_ perjurythis
v..v— ,Clerk-Magistrate.before
*** *.A'*****k**k*****R*M**********k****
NOTICE OF HEARING ON TEMPORARY RESTRAINING ORDER
TO THE DEFENDANT: You are hereby notified that la hearing on the above apt lica3on will a held at the
Western Division of The Housing9C h, at which you may appear and show cause why such
7-ia-Ib
application should not be granted.
Signature
•
WITNESS: Dina E. Feint Esq. at Springfield
JUL-01-2010 04:06PM FAOIHgUSING CT EST OIV
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413T32466T T-184 P.062/003 F-161
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UNDER THE PAINS AND PENALTIES OF PERJURY 1 SWEAR AND AFFIRM THAT:
MY NAME IS
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WoolD
I Am The: `rte r My Business Address is:
by" Telephone# S87 — /2 / ..�
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I AM BRINGING THIS ACTION AGAINST: alt
resides at 72 'p ksit(C. *City R0 -....J!' apQ phone ---- Cd)Ct){A
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THIS ACTION RELATES TO PROPERTY LOCATED AT:
(Explain the Defendants relationship to the property): )(Owner [ 1 Tenant [ ]Neighbor
[ 1 visitor [ 1 Other:
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On �ti .� f 6 ao to The Fegewing Oasined: (PRINT)
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JUL-01-2010 04:CBPM FROM-HOUSING CT VEST DIV
(OVER)
413732460T T-184 P.003/003 F-187
THEREFORE 1 AM ASKING THE COURT TO:
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BOARD OF HEALTH
MEMBERS
DONNA SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
STAFF
Benjamin Wood,MPH
Director of Public Health
Petiole Abbott,R.N.,Public Health Nurse
Aimee Petrosky,Health Inspector
Linda Henn,Clerk
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE
"MINIMUM STANDARDS FOR HUMAN HABITATION" AT: 91 BRIERWOOD DR.,
NORTHAMPTON, MA
1
This is an important legal document. It may effect your
rights You may obtain a translation of this form at: 212
Main St, Northampton Ma
Isto� um documento legal muito importante que podera
afectar os seus direitos. Podem adquirir uma tradgao deste
documento de: 212 Main St, Northampton Ma
Le suivante est un important document legal. II pourrait
effecter vos droits. Vous pouvez obtenir une traduction de
cette forme a: 212 Main St, Northampton Ma
Questo a un documento legale importante. Potrebbe avere
effectto sui suoi diritti. Lei pub ottenere una traduzione di
questo modulo a: 212 Main St, Northampton Ma
Este es un documento legal importante. Puede que afecte
sus direchos. Ud. Puede adquirir una tradccibn de esta
forma en: 212 Main St, Northampton Ma
To jest wazne legalny dokument. To moze miec wplyw na
twoje uprawnienia. Mozesz uzyskac tlumaczenie teo
dokumentu w ofisle: 212 Main St, Northampton Ma
NORTHAMPTON BOARD OF HEALTH
City Hall, 210 Main Street
Northampton, MA 01060
Tel#: (413) 587- 1214
6-16-10
Jon Sanctuary
91 Brierwood Drive
Florence, MA 01062
Re:91 Brierwood Drive
In accordance with, MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State
Sanitary Code Chapter 11: Minimum Standards for Human Habitation. An
Inspection was conducted at 91 Brierwood Drive a property owned by you, by Ben
Wood, Director, Northampton Health Department on 6/16/10
The Following Violations were noted:
Code Number
Violation
Date of
Correction
Comments
410.600:Storage of
Significant trash build-up in
garage.
6-21-10
Re-inspection will
occur on or near
6/30/10
This violation falls
under:
410.750:Conditions
Garbage and Rubbish
and 410.601:Collection
Deemed to Endanger
of Garbage and Rubbish
or Impair Health or
and 410.602:
Safe
Maintenance of Areas
Free from Garbage and
Rubbish
410.553: Installation of
Back door has no screen,
front door screen has holes
6-29-10
Re-inspection will
occur on or near
6/30/10
Screens are required
April first are require
30th
Screens and 410.552:
Screens for Doors
410.100: Kitchen
Comer cabinet in disrepair,
hole in ceiling above corner
cabinet
6-29-10
Re-inspection will
occur on or near
6/30/10
Cabinet needs to be
able to store food,
hole in ceiling must
be repaired
Facilities
410.180:Potable Water
2"'floor toilet pressure
inadequate
6-29-10
Re-inspection will
occur on or near
6/30/10
Have plumber assess
410.253: Light Fixtures
Other than in Habitable
Closet has no light
6-29-10
Reins ection will
D
occur on or near
6/30/10
Rooms or Kitchens
410.255:Amperage
Occupant states that there
are frequent power surges
and sparks on various
outlets.
6-29-10
Re-inspection will
occur on or near
6/30/10
Have a licensed
electrician inspect the
property
410.482: Smoke
Detectors and Carbon
Monoxide PJarms
410.351:Owners
Installation and
Maintenance
Responsibilities
410.480:Locks
410.504: Non absorbent
surfaces
410.500: Owner's
R Slbll_ iN for Ma ntin
Structural Elements
Inadequate smoke detectors
and CO alarms
Bathroom toilet leaking;
baseboard heating unit in
disrepair in both 1°and 2n13
floor bathrooms;clothes
washer/dryer not working
properly and washer has
material defect;stoves'
burners not adequately
li.hitn
Bulkhead not secure
11'and 2fla floor Bathroom
floors have cracks and are
not impervious to moisture
2 floor bathroom ceiling has
evidence of chronic
dampness; crack in ceiling in
bedroom to left of bathroom
6-21-10
Re-inspection will
occur on or near
6/30/10
6-29-10
Re-inspection will
occur on or near
6/30/10
6-29-10
Re-inspection will
occur on or near
6/30/10
6-29-10
Re-inspection will
occur on or near
6/30/10
6-29-10
Re-inspection will
occur on or near
6/30/10
Fire Prevention
Officer notified
The Northampton Board of Health is acting under the authority of
MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary
Code Chapter II: Minimum Standards for Human Habitation. You are
hereby ordered to make a good faith effort to comply with the formal
order issued to you above within the time frame listed. Failure to do so
could result in legal action taken against you to pursue compliance with this
order.
Failure to comply with any order issued pursuant to the provisions of 105 CMR
410.000-shall upon conviction be fined not less than $10 or more than $500. Each
day's failure to comply shall constitute separate violations.
Please be advised that if you are aggrieved with this order you have the right to
request a hearing. You must submit a written petition requesting a hearing within seven
(7) days from the day the order was served
Sincerely,
This inspection report is signed and certified under the pains and penalties of perjury
Ben Wood
Director, Northampton Health Department
212 Main St
Northampton Ma, 01060
cc:
Building Commissioner
Fire Prevention Officer
John Thibodeau,tenant
Brian P. Duggan
Fire Chief
Northampton FireDepaartment
26 Carlon Drive, Northampton, Massachusetts
Telephone: (413) 587.1032 Fax: (413) 587-1034
Assistant Chief: Duane A.Nichols
Deputy Chiefs:Stephen Vanasse,David Gagne,
Wiliam Hurley and Timothy McQueston
Chief in chame of EMS:Christopher W.Norris
June 17, 2010
I conducted an inspection at 91 Brierwood Drive, Florence on June 17, 2010 per
the request of the Northampton Board of Health to determine the number and
locations for smoke detectors and carbon monoxide detectors. I talked to the
resident on scene regarding the placement of both type of detectors within the
home. Currently there is one operational smoke detector on the second floor and
one carbon monoxide detector on the second floor. There is a location on the
ceiling of the first floor where a smoke detector was located but it is now missing
and there a smoke detector in the basement with no battery. My
recommendations are to place a smoke detector on the first floor near the front
door and a smoke detector at the base of the basement stairs. In addition a
carbon monoxide detector is needed on the second floor in the hallway and
another be of monoxide detector type throughout.basement. The smoke detectors this date the placement and
should de a the photoelectric nt meet of detectors does not meet Massachusetts state fire code.
If you have any questions or require additional information please contact me at
587-1032 x4230.
Captain Lary Therrien
Fire Inspector Northampton Fire Department
Trustee's Certificate Pursuant to M.G.L. c. 184, § 35
Name of Trost: THE JON SANCTUARY(d)(4)(A)TRUST
Dated: April 15, 2010
I,Gloria Zadwomy Trustee of THE JON SANCTUARY (d)(4)(A)TRUST
upon the direction of the Probate Court of Hampshire County, Massachusetts, under the
Declaration of Trust dated April 15, 2010, (the'Trust")between Gloria Zadwomy as grantor and
trustee,certify as follows•-(a).Gloria Zadwomy is the current trus tee of the Trust. If I shall fail or cease to serve, Gail
Costigan of Northampton, MA shall serve as successor Trustee;
(b).The trustees of the Trust have authority to act with respect to real estate owned by the Trust,
and have full and absolute power under said Trust to convey any interest at b bound and
improvements thereon held in said Trust and no purchaser or third party hto
inquire whether the trustee has said power
to ere or is properly
a conveyance exercising
said power, and,to see to
the application of any trust asset paid
(c).There are no facts which constitute conditions precedent to acts by the trustees or which are
in any other manner germane to affairs of the Trust.
Executed as a sealed instrument under the pains and penalties of perjury on
AfnI 0-0 , 2010.
COMMONWEALTH OF MASSACHUSETTS
Hampshire, ss
_0'i% day of April,2010,before me,the undersigned notary public,
On this,the�
personally a o the above-named s Zadwomy,
proved to me through satisfactory evidence
of identification,w hich was her Massachusetts driv er's
license,to be the person whose name is
signed on the preceding document and acknowledge the foregoing instrument to her free act and
deed before me.
Notary PWtbllc
My commission expires:
BOARD OF HEALTH
MEMBERS
DONNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
STAFF
Benjamin Wood,MPH
Director of Public Health
tricia Abbott,R.N.,Public Health Nurse
Aimee Petrosky,Health Inspector
Heather Mcbride,Clerk
8/3/10
Clerk's Office
Westem Housing Court
37 Elm Street,P.O. Box 559
Springfield,MA 01102-0559
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
Re: Case No.10H79CV001029
The City of Northampton, Health Department is dismissing the TRO application against Jon Sanctuary. All
matters have been resolved.
Thank you.
Ben Wood,Director
Northampton Health Department
cc:
Jon Sanctuary c/o Gloria 7adwomey,Trustee of the Jon Sanctuary(d)(4)(A)Trust
Atty Lawrence Farber
Commonwealth of Massachusetts
Housing Court Department
Western Housing Court
37 Elm Street
P.O. Box 559
Springfield, MA 01102-0559
(413)748-7838
Kevin R Byrne
Clerk Magistrate
Re: City of Northampton, Health Department
Vs: Jon Sanctuary
No: 10H79CV001029
Honorable Dina E Fein
First Justice
Date: July 16, 2010
Notice of Hearing on A ration for TRO
The above case will be called for Hearing on Application for TRO.
Date: 09(1212010
Time: 9:00 AM
Session: Northampton Session
Location/Courtroom:
City of Northampton. Health Department
212 Main Street
Northampton,MA 01060
Courtroom 2
Northampton District Court
15 Gothic Street
Northampton, MA 01060
DLS C IS V LS
11111 JUL 1 9 2010
NOR HAMPTON BOARD OF HEALTH
Kevin R Byrne
Clerk - iilagistrate
INSPECTOR
Jon Sanctuary
91 Brierwood Drive
Florence, MA 01062
29-160
City of Northampton
Massachusetts
DEPARTMENT OF BUILDING INSPECTIONS
212 Main Street • Municipal Building
Northampton, MA 01060
April 29, 2010
Dear Jon,
I inspected your house at 91 Brierwood Drive today. It is presently occupied by at least 5
unrelated persons; you, Debbi English, John Thibodeau, Gwendon Gallant, Daniel Vasquez, and
possibly James Tennyson.
This structure is being occupied as a boarding or lodging house, as defined by 780 CMR (the
Massachusetts State Building Code)and by the City of Northampton Zoning Ordinance. This use
constitutes a violation of the building code (chapter 1, section 118) and the zoning ordinance (section
350, table of use).
In accordance with 780 CMR chapter 1, section 118, you are hereby ordered to correct all
violations. Additionally, in accordance with 780 CMR chapter 1, section 121.2 I find that this structure
would be especially unsafe in case of fire, and I deem it dangerous within the meaning thereof. I have
affixed in a conspicuous place upon its exterior walls a notice of its dangerous condition, which shall not
be removed or defaced without authority from me. The building must be vacated and may not be
reoccupied until all violations directly affecting life safety have been corrected.
Please notify me when the building has been vacated. If I do not receive notice from you by
12:00 noon on Tuesday May 4, 2010 I will take further action.
Feel free to call if you have any questions. My telephone number is 587-1240. Thank you for
your cooperation in this matter.
Louis Hasbrouck
City of Northampton
Inspector of Buildings
1 hasbrouck(dcity.northampton.ma.us
cc: Ben Wood, Northampton Health Department
Scott Savino, Northampton Police Department
Larry Therrien, Northampton Fire Department
Elaine Reall, City Solicitor
Gloria Zadworny, Trustee, Jon Sanctuary Trust
Building
Commissioner
March 9, 2010
City of Northampton
Massachusetts
DEPARTMENT OF BUILDING INSPECTIONS
212 Main Street•Municipal Building
Northampton,MA 01060
413-589-1240
Mr. Jon Sanctuary
91 Brierwood Drive
Florence, MA 01061
Map 29 Lot 160 Zone URA
RE. Zoning violation operation of Rooming House without required permits
Dear Mr. Sanctuary,
I made a site visit to your house and spoke with you regarding the regulations which determine if house
is being used as a rooming house. I explained that Northampton Zoning under definitions (350-2.1
Family copy attached)that no more than (4)four unrelated people nan live together in a single family
house, more than four unrelated people living together becomes a rooming house which requires
permits from Zoning, Fire Department and License Commission. At the time of my site visit you
informed me that there were five people plus yourself living there.
The next day you called me to inform me that one who person who was living in basement was leaving
and that there would be four people plus yourself living there. If this is the case then you are still in
violation of Northampton Zoning by running a rooming house without proper permits. There can be no
more than (4) four unrelated people residing at 91 Brierwood Drive.
Please contact this office upon receipt of this letter with your plans to correct this violation. If this
violation is not corrected you can face fines of$100 per day for each day violation continues and or
court action .
Sincerely ,
Anthony Patillo
Building Commissioner
City of Northampton
CC: Councilor M. LaBarge, City Solicitor E. Reall, Northampton Police Department Sgt A. MacMahon
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