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35 Complaints & Orders to Correct 1985-1988 • BOARD OF HEALTH JOHN T. JOYCE,Chairman PETER C. KENNY, M.D. Michael R. Parsons PETER J. McERLAIN, Health Agent CITY OF NORTHAMPTON MASSACHUSETTS OFFICE OF THE BOARD OF HEALTH 210 MAIN STREET 01060 Tel. (413) 586-6950 Ext. 214 ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION" AT Old School Commons, Apt. #112 35 South Street, Northampton ORDER ADDRESSED TO: Century Investment Company DATE November 6, 1985 73 State Street Springfield, MA 01103 Attn: Peter Judd COPIES OF INSPECTION REPORTS ISSUED TO: Residents Apt. #112, 35 South Street Northampton, MA 01060 This is an important legal document. It may affect your rights. You may obtain a translation of this form at. Isto e um documento legal muito importante que podera afectar os seus direitos. Podem adquiri uma tradusao deste documento de: Le suivante est un important document legal. II pourrait affecter vos droits. Vous pouvez obtenir une traduction de cette forme a: Questo Q un documento legale importante. Potrebbe avere effetto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus derechos. Ud. Puede adquirir una traduccion de esta forma en: To jest wazne Legalny dokument. To mote miec wplyw na twoje uprawnienia. Mozesz uzyskac ttumaczenie tego dokumentu w ofisie: Board of Health 210 Main Street Northampton, Mass. Tel. No. (413) 586-6950 Ext. 214 The Northampton Board of Health has inspected the premises at Old School Commons, Apt. #112, 35 South Street , Northampton (assessor's map 31D parcel 99 . ), for compliance with Chapter II of The State Sanitary Code. This letter will certify that the inspections revealed violations, listed below, which are serious enough as to endanger or materially impair the health, safety, and well-being of the occupants. Under authority of Chapter 111, Section 127 of the Mass. General Laws, and Chapter II of The State Sanitary Code, you are hereby ordered to begin the necessary repairs or contract with a third party within five (5) days of the re- ceipt of this order and to make a good faith effort to substantially complete correction, within fourteen (14) days of the receipt of this order, the follow- ing violations: REGULATION VIOLATION REMEDY 410.351 12105 bathroom faucet loose; not secure faucet to eliminate (ok� secured to countertop excessive movement 410.500 al4/85 (A) the following wall areas are deteriorated and in need of repair: (1) entry hallway wall with peeling and flaking paint, just above baseboard (2) bedroom #2 (left) closet walls with plaster falling and peeling and flaking paint (3) bedroom #2 wall (just to the right of closet door) with spotty peeling and flak- ing paint (B) bedroom 111 (right) with ill-fitting screen; screen falls out of channel when raised (A) remove all falling plaster and peeling/flaking paint refinish all deteriorated surfaces (B) repair screen so as to be tight-fitting and secure The following violation must be corrected by April 1, 1986: 410.552 & oaf 410.553 � jaw°^5 0101,5 0 0,,P�IIE GrIrOr4. 1'6 p 5fKN All exterior doorways in the building which open directly to the outside from any dwelling unit must be provided with screen doors. These doors must be in place during the period from April first to October thirtieth, both inclusive, in each year . Notice to Century Investment Company dated November 6, 1985 to correct violations of - Chapter II of the State Sanitary Code at Old School Commons, Apt. #112. Said screen door shall be equipped with a self-closing device except where the screen is designed to slide to the side; and shall be tight-fitting as to prevent the entrance of insects and rodents around the perimeter. If you have any questions regarding this matter, please contact the Board of Health office. Very truly yours, David E. Kochan Sanitary Inspector DEK/ec Certified mail 1P620 675 564 iddress CHAPTER II STATE SANITARY CODE Occupant's Name Ie. of Occupants Apt. # # of Dwelling Units r 11 of Stories LL 'ype of Structure ;7B F M # Habitable Rooms 11 Bedrooms Hiner Bathroom 410.150 Address of Owner Re¢u1at on Violations lot water between 120° & 1400 .19Q oilet and seat 150 lash basin. 1150 A X - - - lhower or tub .150 A(3) -- '-/ie erj lufficient cold water .350 A door .500 falls .500 ]eiling .500 )our .500 fight .252 A /entilation .280 A or B ?lumbing connecern drains 7.350 Kitchen 410.100 Regulation Violations Citchen sink sufficient size .1QQ A(1) Stove and oven .100 A(2) Space for refrigerator .100 A(3) 2 Outlets (electrical) .251 B Doe electrical light fixture .251 A galls .500 Ceiling .500 Floor .500 Ventilation (window) (mechanical) .251.6 Cold water (sufficient pressures) ,350 A Hot water .190 dindows .500 Doors .500 Screens (door & window) .551 & .552 Plumbing connection & drains .350 Living Room Regulation Violations Outlets (2 or one with light) .251 B Lighting .251.- Wallee .500! Ceiling .500 Floor 500 Windows .500--� Screens / -, i '. % .551 . - e I - Locks (windows) .480E ' 1 . - ;' i Pantry or Dining Room Regulation Violations(V/? Outlets (2 or one with light) .251 B Lighting .251 A Walls .500 Ceiling .500 Floor .500 Window .500 Screens .551 Locks .480 E Regulat on Violet ons Sufficient natural lighting .250 A 2 outlets or 1 .251 B Light with 1 outlet .251 A dolls .500 Ceiling .500 Floor .500 d indows .500 Screens .551 Door .500 Is there adequate space for occupant? .400 Sleeping Room #2 Sufficient natural lighting .250 A .251 B 2 outlets or 1 Li ht with outlet .251-`A 500/ Xiv. v. _ o'=» Wall "':SU6 drag Floor .500 t Windows_ .500 SCreeny-' .551- ��. �)1.. Door .500 / y Is there adequate space for occupant? .400 Sleeping Room #3 Sufficient natural lighting .250 A 2 outlets or 1 .251 B Light with outlet .251 A Walls .500 Ceiling .500 Floor .500 Windows .500 Screens .551 Door .500 Is there adequate space for occupant? .400 Common Area & Exit (Interior Interior area illuminated properly .253 A & B .500 Windows Screens .551 Doors .500 Ceiling .500 Walls .500 Floors .500 Stairways .042 Common bathroom clean .151 Common Area & Exit (Exterior) Chimney .500 Porches .500 Foundation .500 Stairs .500 Garbage & rubbish .601 Private ways .600 Gutters and down spouts .500 Roof .500 Lead paint .502 Entry lights .253 B 411 services' working and available 670 Ore heating facilities in good remair? .200 Heat 680 and 64' 700 A & B Rot water 1200 to 1400 190 Facilities vented 707 Space heater - proper 7n0 R Temporary wiring 756 Electrical service adequate 755 Insects and rodents 550 Dwelling sanitary 607 b 457 Miscellaneous Inspector Date The next scheduled reinspection is: Title Time a.m. p.m. Date Time BOARD OF HEALTH CITY HALL 7 COMPLAINT RECORD Name of Complainant Address Nature of Complaint Location of Premises - c Owner i Address ' s - v Occupant Taken by Referred to Date of inspection Time INSPECTOR'S REPORT Action Taken RE. Zv vicriors°. q /<z/8s Inspector c/v s..vr unr c.'roe<, Re 2vs r`rria N : ie/y g ✓<c(9Pru3 wirer,rL ChU4O C444-dkl .14/daSr ME.vY ,&,t /6x/g5S SCR.*r e/nra2E eN place-sr r p eewa s v-^-75‘i ra A? rHrs-riot \/\or-c: AO HOARD OF HEALTH 'OY.N T. JOYCE.Chairran )ETER C. KENNY. M.D. Michael R. Parsons PETER J. McERLAIN, Health Agent CITY OF NORTHAMPTON MASSACHUSETTS OFFICE OF THE BOARD OF HEALTH 210 MAIN STREET 01060 Tel. (413)5te+^.LC 586-6950 Ext. 214 RDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINI:UM STANDARDS OF 'ITNESS FOR MILAN HABITATION" AT #101, 35 South Street, Northampton, MA >RDER ADDRESSED TO: Century Investment Company 73 State Street Springfield, MA 01103 DATE July 30, 1986 COPIES OF INSPECTION REPORTS ISSUED TO: Community Homes For Children, Inc. 256 State Street Northampton, MA 01060 Attn: Tom Osborne This is an important legal document. It may affect your rights. You may obtain a translation of this form at. Isto e um documento legal muito importante que podera afec tar os seus direitos. Podem adquiri uma tradu?ao deste documento de: Le suivante est un important document legal. I1 pourrait effecter vos droits. Vous pouvez ob[enir une [reduction de retie forme a: Questo e un documento legale importante. pocreb'be avere effetto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus derechos. Ud. Puede adquirir una traduccion de esta forma en: To jest wazne legalny dokument. To mote miec woiyw na twoje uprawnienia. Mozesz uzyskac tTumaczenie Lego dokumentu w ofisie: Board of Health 210 Main Street Northampton, Mass. Tel. No. (413) 586-6950 Ext. 214 The Northampton Board of Health has inspected #101, 35 South Street the premises at , Northampton (assessor's map 31D parcel 99 . ), for compliance with Chapter II of The State Sanitary Code. This letter will certify that the inspections revealed violations, listed below, which are serious enough as to endanger or materially impair the health, safety, and well-being of the occupants. Under authority of Chapter 111, Section 127 of the Mass . General Laws , and Chapter II of The State Sanitary Code, you are hereby ordered to make a good faith effort to correct the following violations within twenty-four (24) hours from the date of receipt of this order. REGULATION VIOLATION 410.500 Water infiltrating into the apartment caused by structural defects either in the building foundation or in the present ground level drainage system. REMEDY Repair drainage or foundation and flooring so as to exclude water and moisture and create a weathertight environment. Structural defects in the foundation, flooring , or external drainage system which expose occupants to chronic dampness must be deemed a condition which may endanger or impair the health, or safety and well-being of all occupants occupying the premises. If you have any questions concerning this notice, please contact the Board of Health Office. Yours vent truly, David E. Kochan Sanitary Inspector DEK/ec Certified mail #P154 837 049 Note: Failure to correct above mentioned condition will be cause to declare this apartment unfit for human habitation should this problem continue. Name of /4 r Complainant '" _ c 1C nl Address 25i; 1Th Cr Tel. Nature of Complaint BOARD OF HEALTH CITY HALL COMPLAINT RECORD Date ' Time Location of Premises Owner Address Occupant Taken by Date of inspection .'O INSPECTOR'S REPORT Action Taken Referred to Time Inspector • Corner of Main and South Streets Downtown Northampton,Massachusetts August 4, 1986 Mr. David E. Kochan Sanitary Inspector Northampton Board of Health 210 Main Street Northampton, MA 01060 Reference: Apt. 8101, 35 New South Street Northampton, MA Dear Mr. Kochan: This is a request for a hearing in response to the complaint of a Sanitary Code Violation reported by Community Homes for Children, Inc. on July 30, 1986. We recognize that Apt. P101 experienced a water problem following last week's heavy rains. We are taking every step necessary to remedy the situation, and would appreciate an opportunity to discuss this situation with you. Sincerely, OLD SCHOOL COMMONS f ttt/ Robert Dashevsky Property Manager RD:hn 7 Old School Commons Limited Partnership 73 State Street,Springfield,MA 01103 (413)785-1981 BOARD OF HEALTH City of Northampton MASSACHUSETTS =_ntury Investment Company State Street ringfield , MA 01103 tention : Robert Dashevsky , ar Sir: is office e hearing .d Floor , August 6 , 1986 Property Manager 0 has received your request for a hearing on this date . will be held September 2 , 1986 at 7 : 30 p .m in the Meeting Room, City Hall , Northampton , MA 01060 . my try y yours , avid E. Ko an anitary Inspector EK :mr c : Community Homes for Children , Inc. INSPECTOR )rge W. Staples , Jr. Cite of Northampton g•.neeacipmettn DEPARTMENT OF BUILDING INSPECTIONS 212 Main Street • Municipal Building Northampton, Mass. 01060 February 6, 1987 Mr. Joe Speck Ladigiani Plumbing Contractors 63 State Road Chicopee, Mass . 01020 Re: Old School Commons (Old Hawley Building) 35 South Street, Northampton Condensate Line From Warm Air Furnace Dear Mr. Speck: Per our phone conversation March 8, 1984 through August 9, plumbing and gas inspections at the above address. At of time , did I notice any condensate line connected to the drainage system. On August 2, 3, and 30th of 1984, I did a final plumbing and gas inspection. On these dates once again I did not see any line connected (I had no reason to look for any) . Sometime ago, approximately three (3) months, complications occurred when another contractor was called in to fix problems they were having there. It was at this time that it was brought to my attention that said lines were connected to the drainage system, and that this was the reason for the problems they were having throughout the project. Note, these lines were installed after I had done the rough inspections and before I had done the final inspections. No permit was ever applied for or issued for the additional plumbing that was done. February 5, 1987, my records indicate that from 1984, I did approximately twenty (20) each, rough no point during this period Respectfully yours ,,, George//W. Staples, Jr. . Plumbing & Gas Inspector GWS/lb BOARD OF HEALTH JHN T. JOYCE,Chairman ETER C. KENNY, M.D. !ichael R. Parsons ETER J. McERLAIN, Health Agent CITY OF NORTHAMPTON MASSACHUSETTS OFFICE OF THE BOARD OF HEALTH 210 MAIN STREET 01060 Tel. (413)5S,? X 586-5950 Ext. 214 9DER TO CORRECT VIOLATIONS 0? CHAPTER II OF THE STATE SANITARY CODE "MINIMU)! STANDARDS OF TNESS FOR HUMAN HABITATION" AT #404 Old School Commons, 35 South Street, Northampton, MA &DER ADDRESSED TO: Century Investment Company DATE May 26, 1987 73 State Street Springfield, MA 01103 OPIES OF INSPECTION REPORTS ISSUED TO: Jerry & Barbara Zielinski #404 Old School Commons 35 South Street Northampton, MA 01060 This is an important legal document. It may affect your rights. You may obtain a translation of this fora at: Isto e um documento legal muito importante que podera afectar os seus direitos. Podem adquirir ua tradu?ao deste documento de: Le suivante est un important document legal. I1 pourrait affec Cer vos droits. Vous pouvez obtenir une traduction de cette forme a: Questo e un documento legale importance. Potrebbe avere effetto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: Este as un documento legal importante. Puede que afecte sus derechos. Ud. Puede adquirir una traduction de esta forma en: To jest wazne legalny dokument. To mote miec wplyw na twoje upra cTumaczenie tego dokumentu w ofisie: enia. Mozesz uzyskac Board of Health 210 Main Street Northampton, Mass. Tel. No. (413) 586-6950 Ext. 214 The Northampton Board of Health has inspected the premises at 11404 Old School Commons, 35 South Street , Northampton (assessor's map 310 parcel 99 . ), for compliance with Chapter II of The State Sanitary Code. This letter will certify that the inspections revealed violations, listed below, which are serious enough as to endanger or materially impair the health, safety, and well-being of the occupants. Under authority of Chapter 111, Section 127 of the Mass. General Laws , and Chapter II of The State Sanitary Code, you are hereby ordered to begin the necessary repairs or contract with a third party within five (5) days of the re- ceipt of this order and to make a good faith effort to substantially complete correction, within fourteen (14) days of the receipt of this order, the follow- . ing violations: REGULATION VIOLATION REMEDY 410.551 Two living room windows lack Install approved window required screens. screens. 410.552 Exterior door to the patio lacks Install an approved required screen door. screen door. Under Regulation 410.553, all screens must be in place during the period between April 1 to October 30, both inclusive. If you have any questions concerning this notice, please contact the Board of Health office. 4 'Yours ve • truly, ,7 AWe2/ C David E. Kocha Sanitary Inspector DEK/ec 21 ier Certified mail P525 163 187 BOARD OF HEALTH CITY HALL COMPLAINT RECORD Name of Complainant it Address ' Nature of Complaint Location of Premises Owner Address Occupant — Taken by �- Date of inspection INSPECTOR'S REPORT Action Taken Cc' Date Tel. 3 !D 7 Tie Referred to Time Inspec r 0 Corner of Main and South Streets Downtown Northampton,Massachusetts June 23, 1987 Peter McErlain, Health Agent Northampton City Hall 210 Main Street Northampton, MA 01060 RE: 35 New South Street, Apt. 1:404 Window Screens Dear Mr. McErlain: This is to confirm that we are awaiting the delivery of two special-ordered window screens for the livingroom of Apt. #404. These screens were ordered on May 13, 1987 from Security Windows of West Springfield. They were not available from the many other firms in the area which we had previously contacted. Pending the delivery of the screens, we are happy to make arrangements for the installation of temporary screens in the two windows. We will contact your office after the permanent screens have arrived and have been installed. Thank you for your attention. Sincerely, OLD SCHOOL COMMONS Robert Dashevsky Property Manager cc: Barbara Schang & Jerome Zielinski RD:dp Old School Commons Limited Partnership 73 State Street,Springfield,MA 01103 (413) 785-1981 Corner of Main and South Streets Downtown Northampton,Massachusetts July 21, 1987 Peter McErlain, Health Agent Northampton City Hall 210 Main Street Northampton, MA 01060 RE: 35 New South Street, Apt. 8404 Window Screens Dear Mr. McErlain: We have been informed that the two window screens for the livingroom of Apt. 5404 are scheduled to be delivered to our supplier on Monday, July 27. We will pick them up as soon as they are available and install them promptly. Thank you for your attention. Sincerely, OLD SCHOOL COMMONS Robert Dashevsky Property Manager RD;dp cc: Barbara Schang & Jerome Zielinski Old School Commons Limited Partnership 73 State Street.Springfield,MA 01103 (413)785-1981 gesto Corner of Main and South Streets Downtown Northampton,Massachusetts August 3, 1987 Peter McErlain, Health Agent Northampton City Hall 210 Main Street Northampton, MA 11060 RE: 35 New South Street, Apt. #404 Window Screens Dear Mr. McErlain: Please be advised that the two window screens ordered for the livingroom of the apartment above have been received and installed. Please contact me if you have any questions. Sincerely, OLD SCHOOL COMMONS iefirA7 Robert Dashevsky Property Manager RD:dp Old School Commons Limited Partnership 73 State Street,Springfield,MA 01103(413)785-1981 Name of Complainant Address 3S NCrC✓ So v71 d " Nature of Complaint N 607-7 s o. ,PUGS C err 4/6 ttf7 BOARD OF HEALTH CITY HALL COMPLAINT RECORD M1rxr A■'rt0!K ‘1.% Date TaTime/0'5 Location of Premise Owner Address Occupant Taken by Date of inspection INSPECTOR'S REPORT CON✓ CAR PG7/Na RAC torn 7 r - - ± 3s Ai FA/ r Y' rliVES7M 3 S7AT f 5Y Referred to Time 3 '/S Pm, Action Taken /-7E5-/98/ OPP11 cOK WE-1- Ins )(2..F... OF HEALTH 2. JOYCE.Chairman C. KENNY. M.D. .el R. Parsons . J. McERLAIN. Health Agent CITY OF NORTHAMPTON MASSACHUSETTS OFFICE OF THE BOARD OF HEALTH 210 MAIN STREET 01060 Tel.(413)$_S-iu°<KX 586-6950 Ext. 214 TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINP.Mt STANDARDS OF h S SS FOR HUMAN HABITATION" AT ADDRESSED TO: An 73 State Street Springfield, MA 01103 ES OF INSPECTION REPORTS ISSUED TO: DATE J 19fl8 - Apt. #104, 35 New South Street Northampton, MA 01060 s is an important legal document. It may affect your rights. You may obtain a translation this form at: :o e um document° legal muito importance que podera afectar os seus direr cos. Podem adquirir traducaO deste docunento de: Vous ouvez suivante est un important document lee 1. I1 pourrait affecter vos droits. tenir une traduction de cette forme a: esto e un docunento legale imcortante. Potrebbe avere effect° sui suoi diri tti. Lea pub tenere una traduzione di quest° modulo a: Ud puede adquirir ;te es un document° legal imoortante. Puede aue afecte sus derechos. to traduccion de este forma en: o jest wazne legalny document. To moze miec wplyw na twoje uprawnrenaa. Mozesz uzyskac rumaczenie tego dokumentu w ofisie: Board of Health 210 Main Street Northampton, Mass . Tel. No. (413) 566-6950 Ext. 214 parcel The Northampton Board of Health has inspected the premises at , Northampton (assessor's map C 99 for compliance with Chapter II of The State Sanitary Code. Under authority of Chapter 111, Section 127 of the Mass. General Laws and Chapter II of The State Sanitary Code, you are hereby ordered to correct the violations listed below within 24 Hours 40 of the receipt of this order. REMEDY 11D REGULATION 410:500 VIOLATION Chronic water infiltration into apartment caused by s structural defects defects either in ground drainage design, proofing of the building foundation, or roof level drain- age design. Correct violation so as to completely exclude water and moisture from infiltrating into the into the apartment in- terior. exposeuoccupantst to chronico dampness mustxbe deemed a condition nwhich emay h en danger or impair the health or safety and well-being of all ccupa is cc ey- ing the premises. Our complaint fiYemindicatethtsatwtlis violation has been a problem in other ground level a_ ure dearer these perma hes ea area unf ix for ihumanphabitation.ed violation will be cause to de- s you have any questions regarding this notice, please contact the Northampton Board of Health. Very trKi yours, David E. Kochan Sanitary Inspector DEK/np Certified Mail P 694 762 985 CC: Donald N. McElwain July 21, 1988 Corner of an and South Stre is Downtown Northampton, Board of Health City of Northampton 210 Main Street Northampton, MA 01060 Reference: A,t. 11104, 35 New South S To the Board of Health: We request a hearing before the board to discuss the complaints relative to the apartment at the above address. Thank you for your attention. Sincerely, OLD SCHOOL COMMONS ee /6S- /L' Robert Dashevsky Property Manager RD:hn Cert. Mail 8P-609 792 871 ip Old School Commons MALimited Pa1tner)h78'r1981 73 State Street,Springfield. f.,`ALTH Chairman Y.M.D. £SONS LAIN.Health Agent CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFIOE OF THE BOARD OF HEALTH July 25, 1988 210 MAIN STREET 01060 (4131 505-5950 Ext.213 School Commons Limited Partnership State Street •ingfield, MA 01103 tention: Robert Dashevsky s requested, a hearing before the Board of Health has been schedule;ar Sir: on August 9, 1988 to discuss the Housing Code Violation at Apartment 4104, 5 New South Street. part The hearing has been scheduled as a of a regular Street, upstairs 5 New 3oard of Health Meeting. It will be held in City Hall, 210 Main Hearing Room, at 7:30 p.m. Sincerely5 David E. Kochan Sanitary Inspector DEK/mr cc: Donald1Mp McElwain South Street Nor. MA 01060 Northampton, Corner of Main and South Streets Downtown Northampton,Massachusetts July 29, 1988 Board of Health City of Northampton 210 Main Street Northampton, MA 01060 Re: A t. 11104, 35 New South Street To The Board of Health: a rescheduling of request, if possible, apartment above. hearing is set rfo regarding the ap hearing set for site m will be out of the Judd, our site manager' 8, and is unable peter of August country during the week to change his plans. We are able to the meet either the week of August 1, August 15, or anytime beyond. If the meeting week of Aug Old School Commons nevertheless cannot n a rescheduled, 9 will send a representative on August . Thank you for your consideration. Sincere -Y, OLD SCHOOL COWONS Robert Dashevsky Property Manager RD:Rn Old School Commons Lim ted Partner)785-1981 73 State Street.Springfield, EAMTH Chairman Y.M.D. RSONS .AMN,Health Agent gust 11 , 1988 1: Century Investment Company 73 State Street 01103 Springfield, MA ATTN : Robert Dashevsky E: Housing Code Violation Apt . i104 , 35 New South Street ton , MA 01060 August 9 , 1988 , the Northampton , evening of Aug order on the the following the hearing voted to issue After of Health moisture infiltration into Northampton Board periodic water and Street: to the P at 35 New South seepage into the with regard level apartments moisture to declare the basement water or excessive reason Any further will be sufficient under 410 . 500 of apartments units and to take basement level Code , Chapter II , those apartments as unsuitable housing units as unfit steps are needed to declare said the Massachusetts whatever legal If you should habitation• this decision, for human questions regarding have any 4 Office . ton Board of Health contact the Northamp CITY OF NORTHAMPTON MASSACHUSETTS 01060 Off ICE OF THE BOARD OF HEALTH 210 MAIN STREET 01060 (121 586-6950 Ext.219 CC: Very trgly yours , David E. Kochan Sanitary Inspector Northampton Board of Health Donald N . McElwain Apt *104 35 New South Street Northampton, MA 01060 Certified Mail P 694 762 990 Taken by pace of 10136Cion AgPE pow N OF Lrgat I moon .aken BOARD OF HEALTH CITY HALL COMPLAINT RECORD Date k/.sc,fre Time 8.29• m Name of Complainant COM92D z7, 79 Gu/N/4/ Address 4P7-77/04';SC NEW 5OP77' sr Tel Nature of Complaint l.VAT£R HASsarpr.o /A.7-p-77,-(5 pP7` OYfT�7'IGf/T' Location of Premises 3 S IJFC✓Co viii s RC L i Owner CSAtrYrPY nol/e3rmtMJr crinoPJA/%/ 73 `'i' c sr "In4,pn6 Address 5POW FAE1O, MH O//°3 7e'552T DAs, c,t/ Occupant Taken by Date of inspection Referred to Time 9 )5/gym INSPECTOR'S REPORT ff4H1D-07ENr 4/AS SG'BTECT TV GVA7-33f (NFItAier/GN ONCE 49-o9%/V /9uo/etfl/ TD Me mr /V 2'9/l/ #,5,V -/Trio 4jE,E/7$ & A/eov.✓o 70”S P/n 71/737 fly CCR.PL r/N O1Vcflio odg7 /94/D K/TCH£N FGO0/41/6 i/4-6>• ova(e" S//g7EOr To /N PKTOHT/,N • - • - . IG rc i, SAIL gm BR/CC 01/4A-9?W46L Action Taken s HOW CyMQM C nop/sot/A CkA'Y6/fit(p&h nkn,rvb[ FSFZ/Nc/F/nYCVS stern'-✓ sii7ersO,iu Kin-414A/Hr-€A 4 kr i/Fear TJ l%(/A/Fi recoil c715,7,,! /ice &/30/8$ Not/c5 TO GekTUR7 I]/VESrotk/T Co / Inspector :AVER Chairman SSONS ARC Health Agent gust 30 , 1988 :; Century Investment Company 73 State Street Springfield, MA 01103 E: Ongoing dousing Code Violations Apt . ;104 , 35 New South Street ton, MA 01060 24 , 1988 at Northampton, made on August 10 8 at Apt . .-1C-4 was only light at Although rainfall was e down An inspection P M rain water observed cascading water were ad1n win- dow rain onto the lower heavy amounts of and splattering virtually time , onto the patio This splatter made it It from the roof of Apt . =10d • door for ventilation. patio door the window or only about stelae inches must and P to open either window is impossible that this lower 410 •"80 of must be noted a violation of and above the ground level ' s be considered lies to natural v Code , Chapter II , which app This condition must August 30 , 1988 The State Sanitary on Aug had been ventilation. at ;pt _ ;0; was made apartment mechanical approximately inspection Once again this According Another A.M . the night . 9 : 15 throughout and eventually to Mr . McElW ely 9 ' infiltration age began in the kitchen area room are subject to moisture eepage . Both h th to Mr , McElwain, P,o th the kitchen a�tljwereliving in the pro- cess eoom• personnel spread to the lie Maintenance P � inspection• ground level • at the time of this wall and the well below up the that both the kitchen e::terior wall a show kiss of vacuuming that painted,also be noted wall , although recently P v peeling and s must divider exposure and are already P kitchen brick ness of moisture/damp the Massachusetts signs and 410 . 500 of Mass to set- flaking • of {10 • '-80 you are hereby ordered _ o authority ter II , of receipt of this Under Chat ongoing order ,r Sanitary Code , seven lid `toys these State within be taken to correct Cod to t pond, in writing , lion will to respond this the order ,e what further action to the satisfaction unfit future . in the immediate violations Failure this apartment then violations correct said to declare vacated and order , a to will be cause the apartment Board of Health , to order for human habitation and order , by the owner • regarding this secured any questions should have of Health Office . If you ton Board contact the Northampton CITY OF NORTHAMPTON MASSACHUSETTS 01060 OF THE BOARD OF HEALTH 210 MAIN STREET 01060 1031 586-8950 Ext.213 CC : Very try yours , David E. 6ochan Sanitary Inspector Northampton Board of Health Donald N . McElwain Street Apt . *104 , 35 New south Northampton, MA 01060 tio Corner of Main and South Streets Downtown Northampton,Massachusetts Member 6, 1988 1rd of Health Main Street rthampton, Ma. 01060 Apt, 11104, 35 New South Street entlemen: lease be advised that we, like yourselves, have been carefully .onitoring conditions in Apt. #104 at 35 New South Street. ?ertaining to the issue of ventilation (first raised in the hearing we are obtaining quotes for various solutions, including August t, 1i s) installation of exterior of utters, revent the w the installation orr the adaptation of the windows to prevent or canopies,falling penetration of falling raindrops. penetration, we are consider- ing approximately eight inches Pertaining to the recurrance of moisture the floor of the apartment by PP water that might and installation to dispense with any solve that at and installation o f a sump pump gutters will space. We are not certain that g enisr the ep oblem. moisture penetration pr the temporary relocation of Mr. McElwaine. We would be happy Raising the floor in Apt. F104 would have him occupy another unit while the renovations proceed if this is determined in the building to be the best way to go. cooperation solve this problem and appreciate your coop We welcome any comments or We are anxious to regarding our progress as we move forward. you and understanding may have, and will contact y suggestions you the near future. Sincerely, 0 H SCHOOL COMMONS r Robert Dashevsky, Property Manager RD/df CERTIFIED: P 382 095 374 01d School Commons Lim ted pa tners 788-1981 73 State Street.Springfield, ,os Corner No hampton,Massachusetts Downtown ber 2B, 1988 1 McElwain Yi 104 a South Street Ap t ampton, Ma. 01060 Mr. McElwain' Health, O with the Board of , Old l e,d that, do g consultation i lcorrect the water problem se be advis with plans to solution involves ox Commons is proceeding Our so u ins[all- our apartment last of apartment and the experienced in Y lower level of Your aP also exPeri we will raising sump the entire During construction, of water a swi pump underneath.l w n without the penetration �n of p Co allow ventilation ify your window after rainstorms. pping from the roof during and a r temporary relocation will be e required for about a month during a one-bedroom apartment on the 1, and We are reserving be on January er pod. vacated o is Cruction period. building which will sooner, we will notify :and floor of your construction underway before that u imme before. To yet similar rr apartment ore you sil apartment becomes available amt $ if any be the same have been u immediately temporary apartment will what was to c in any permanently in me. Your rent If you wish to stay P rental you may do so at a predetermined market rcnea .rrenCly pay. to Apt. 4104 are comp temporary apartment, Y repairs o ing into effect as soon as you may have ite going abatement claim y we are ready to settle any laced from the ourit. t this time, though you weren't. in fact displaced September n your August rent, you for the cost of cleaning ning Sep have agreed to reimburse Y expect you to pay your le already Commons ad ears txP months when due. Since and the rent for future coo rwn carpet. Old School apartment and the as soon as possible, and occupancy of your apax there can ;en[ to a specific if of the problem, continue CO enjoy solution you able objd to a to a ec s of rent payments. objection to a resumption landlord is lee on a be no reasonable obj and am hopeful we can agree a ate your positive reply soon, respective attorneys. I course iciP having to consult our person to discuss this I am available to meet with you in p cur of action without your request, matter. Old School Commons Limited 03 tner)785-1981 73 State Street,Springfield,MA 2. cElwain #104 outh Street Ap t. ■ton, Ma. 01060 ou for your attention. ely :HOOL COMMONS ✓�ahN � t rty Manager Northampton Board of Health ified Mail if 382 095 373 Corner of Main and South Streets Downtown Northampton,Massachusetts ember 10, 1988 Laid McElwain #104 New South St. Ap t rthampton, Ma. 01060 ear Mr. McElwaine: your apartment on e have scheduled the installation of a new window in y Fednesday, November 16, 1988. ventillated your apartment to be raindrops is intended to allow Y splattering this new window penetration of sp la chile it is raining without the p into the unit. In the event that for some reason this work cannot be done on November 16, or if it cannot be completed in one day) , it will be done on th e fol fol lowing day,( Thursday, November 17, the s the other water-related your apartment to address January e o 195a• The renovation of y problem is still scheduled for the month of Please give me a call if you have any questions whatsoever. Sincerely, OLD SCHOOL CO MMONS Robert Dashevsky, Property Manager CC: David E. Cochan Mark A. Nedame RD/df Old School Commons Limited Partnership 73 State Street,Springfield,MA 01103(413)7551951 f Corner of Main and South Streets DOWIltOW11 Northampton,Massachusetts )ecember 14, 1988 Peter McErlain, Health Agent Board of Health 210 Main Street 01060 Northampton, MA Re: Apt. #104, 35 New South Street Dear Mr. McErlain: update the Board of Health on what has problems in Apt. #104. 1 also would The purpose of this letter is to up moisture p io certify that the unit been done to resolve the your office inspection by state sanitary code. like request an P currenntt currently is compliance with the operated so a new window that is situated and P splattering we installed the penetration of In November, allowing that it provides ventilation without raindrops. to the At the end of November, we accessed the area underneath of the steps up to along patio. Once ngth. we applied coated tee Plug" spring we acknowledge that perhaps only heavy P We also coated the wall itself with a sealant. As its entire length. If ultimately previously a l discussed rmi the with ffe measures. the these consider other options, including rains will determine t effectiveness they are not sufficient, we will of the floor in the apartment. raising that all p are no current code violations and Apt. a parties i. that there ax monitor conditions in Recognizing matter will continue to m in compliance. involved in this the unit is we now seek your certification that Thank you for your I soon will contact you to schedule an inspection date. attention and cooperation. Sincerely, OLD SCHOOL COMNJNS 9 Ro ert Das evskY Property Manager RD:hn cc: Mark Nedaime Old School Commons Limited Partnership 73 State Street,Springfield, 88-1981 NEILLTN chairman NY.M.O. ARSONS ILA111 Health Agent CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH :ember 19 , 1988 ntury Investment Company o Robert Dashevsky State Street t 01103 ,ringfield, Correction of Housing Violations at fir : 210 MAIN STREET 01060 1413)5864950 Ext.213 Pt .7104 35 South St. th onse to Your letter to the Northamptonn oardaof ml Health 4 �e cemThe , w88 at approximately In cep 1988 , a re-inspection of AY aced December , xoximately 11 :40 AM. f6 o The following facts were no ht this time: penetration style window has been instal le to allow ( 1 ) A new awning-style without allowing However , no of water cascading down from off the roof• means water accessing this this elevated window for usage has means of accessing and, at present,yet been provided Mr . McElwain, and closed. the Basil, applied along window cannot be sealant has been app ( 2) A water-proofing i i landing over to the lower inside surfaces of the exterior wall from the since there has been ieru tot crawl n space below the back stairway thee work was done (late kitchen wall . However , cient rainfall all tense the ti time this office as State Code with Novembers , a determination to comply effectiveness of your actions impossible at this time .certify that Apt • requirements is imp a decision until after the At the earliest , will not be made Spring is 98 compliance an t done has been tested until the work period will more Spring o989 and not rainfall . This P your work ay a good amount moisture accurately demonstrate the and reduce the high to both eliminate flooding apartment . content from within this Very tau`✓ Yours, David E. Kochan Sanitary Inspector Northampton Board of Health CC : Donald N . McElwain CERTIFIED MAILS Pp 68 HAMPSHIRE, SS. COMMONWEALTH OF MASSACHUSETTS DISTRICT COURT DEPT. OF THE TRIAL COURT SMALL CLAIM DIVISION CIVIL ACTION #1427-88 DONALD N. McELWAIN, Plaintiff vs . ANDREW COHEN and CENTURY INVESTMENT CO. , ANSWER AND COUNTERCLAIM Defendants ) ANDREW COHEN and CENTURY INVESTMENT CO. make the following answer to Plaintiff ' s Complaint and Counterclaim as follows: FACTS: The Plaintiff is an individual residing at Apartment 1. Street, Northampton, New South #104 , 35 Massachusetts . 2. The Defendant, ANDREW employed by CENTURY INVESTMENT also one of the general Commons Limited Partnership. COHEN, is an individual CO. ANDREW COHEN is of Old School partners 3 The Defendant, CENTURY INVESTMENT CO. , is a Massachusetts Corporation with its usual place of at 73 State Street, Springfield, business Massachusetts. 4 . Old School Commons Limited Partnership is a Massachusetts Limited Partnership with its usual place of business at 73 State Street, Springfield, Massachusetts. interest in 5 . CENTURY INVESTMENT CO. has no ownership Northampton, the property at 35 New South Street, Massachusetts known as Old School Commons . CENTURY INVESTMENT CO. is employed by Old School Commons Limited Partnership as its managing agent. Old School Commons Limited Partnership is the owner 6 . ton, Massachusetts. of 35 New South Street, Northamp ANSWER TO PLAINTIFF' COMPLAINT 7 The Defendants repeat and reaffirm paragraphs one through six above. as managing g_ The Defendant, CENTURY INVESTMENT CO. , agent, admits that there has been water seepage and moisture infiltration into Unit No. 104, 35 New South Street, Northampton, Massachusetts. However, the moisture infiltration has only occurred during periods of sustained and extremely heavy rainfall. y • The Defendant, CENTURY INVESTMENT CO. admits that water has agreed to take steps to remedy the infiltration and to pay for Plaintiff ' s cleaning of his oriental rug . The Defendant denies that it has agreed to provide the apartment with a dehumidifier, but agrees to pay for same if it remains the property of Old School Commons Limited Partnership. 10 . The Defendant CENTURY INVESTMENT CO. denies that it has taken no action and states that it has taken the following steps to remedy the apartment' s problems: Hired Basement Waterproofing Nationwide, Inc. a. Hired the basement to waterproof areas apartments including the area around Plaintiff ' s apartment at a cost of $6,648.00 . Replaced the window in the Plaintiff ' s b• designed window to apartment with a specially allow proper ventilation during periods of rainfall . apartment Scheduled work on the Plaintiff ' s c• floor of his which will raise the entire apartment by 15" and will install a sump pump at a total estimated cost of $5,283 .00 11. The Defendant' s property manager, Robert Dashevsky, has written several letters to Plaintiff and has attempted to discuss the Plaintiff ' s concerns on many occasions with little or no response from Plaintiff . plaintiff ' s rent 12 . The Defendants forbear from raising on the new lease beginning August 1, 1988 in compensation for any inconvenience suffered by Plaintiff by reason of the water infiltration complained of . 13 . Any claims which the Plaintiff may damages are offset by the rent for August, September, October, November and December of 1988, totalling $2,375 .00 which is unpaid. WHEREFORE, the Defendant asks that the Court dismiss Plaintiff ' s action and award Court costs to the Defendant. COUNTERCLAIM 14 . The Defendants repeat and reaffirm paragraphs one through thirteen above. new lease 15 . The Plaintiff and Defendants signed a in which Plaintiff promised to have for monetary fpr dated June pay $475 .00 16 . Plaintiff September, even though his use substantially undisturbed Defendants have cured the the Plaintiff under all d Plaintiff ' s use disturbed 17 . 6, a month has withheld 1988 in rent. 100% of his rent for August, nd December of 1988 and enjoyment of his apartment and even though the complained of by October, November a was itf � 346 2� �. l problem most extreme periods but the of sustained heavy rainfall. and enjoyment of his apartment The seepage during by any water was not Defendants ' September and October of 1988, to the knowledge, and only once in August and November, 1988, to the Defendants' knowledge. 18 . Under M.G.L. c. 111, Section 127L, a tenant is allowed to make necessary repairs in his apartment and deduct the cost from his rent. In the alternative, the tenant may pay the fair value of the use and occupation of said apartment and may vacate the premises. Section 127L also states that the tenant may not deduct more than four months rent in a twelve month period. The owner under Section 127L may recover from tenant any ce sive a mou exnt deducted from rent. 19 . In the event that the Court finds the Defendants liable to pay for the $338 .24 which the Plaintiff is requesting , the Defendants are owed a net amount of $2,036.76 in rent for the months set forth above after the $338 .24 has been paid. The Defendants state that in the event the Plaintiff paid for the fair value of the use and occupation of his apartment, that the fair value would exceed $475 .00 per month. repairs to 20 The Defendants state that they have made the Plaintiff ' s apartment and have dealt with him in good faith and that his refusal to pay rent is in bid faith and violates his Lease Agreement with the Defendants . the parties requires 21. The Lease Agreement between that he reimburse the Defendants for legal fees required to collect rent. (See Lease Agreement attached as Exhibit "A") . WHEREFORE, the Defendants request the Court to award them $2 ,375 .00 in their counterclaim against the Plaintiff plus all legal fees and court costs incurred by the Defendants in this action. OLD SCHOOL COMMONS LIMITED PARTNERSHIP, CENTURY INVESTMENT CO. and ANDREW COHEN By Attorney for MARK A. NEJAME, of Defendant, of the firm COHEN, BACON, WILSON, SALVAGE, FIALKY & FITZGERALD, P.C. 95 State Street Springfield, MA 01103 (413) 781-0560 December