1467 Court Paperwork 2007 ppp
�'- II PLEASE CHECK THE FOLLOWING AND RETURN
Itll IMMEDIATELY: _
O —CO) '" I still reside in the City of Nonlmmpton. My addres.•is:
j
O I no longer reside in Northampton. My last residence in
w PI _y. Northampton was: g,, LOU1,VILLE Rb
CC �-
./..- .e r- t _ S F_ 7
Signed uriner le penalties of perjury Date
(Card must be�vied m make It valid.) ■
70/9" "p l/ ,,MeRE MAY 10 2007
Please print your name
.557— .0(27 VsRret4
•
TRUE COPY
REGISTRAR OF VOTERS, ROOM 8, 210 MAIN STREET, NORTHAMPTON, MA 01060 Ph. (413)
587-1291 Fax (413)587-1308
Acknowledgment Notice
LAMERE, DAVID F
1467 WESTHAMPTON RD
FLORENCE MA 01062
May 18, 2007
This is to inform you that we have received your affidavit of voter registration and have taken the
following action:
• Your voter registration address has been changed. You are now
registered at your new address. All members living at your previous
address will remain at that address unless this office is notified of any
change.
Your Polling Place is
WARD 6 PRECINCT B
RYAN ROAD SCHOOL,498 RYAN ROAD
ARLEEN E MURNANE
REGISTRAR
e__a-ne
Corn!ss:on_er
May 13, 2007
David.LaMere
PO Box 101
Southampton, MA
City of Northampton
Massachusetts
DEPARTMENT OF BUILDING INSPECTIONS
212 Main Street•Municipal Building
Northampton,MA 01060
413-587-1240
MOO anal
Subject: 1467 WESTHAMPTON RD, NORTHAMPTON MAP 41 PARCEL 009 ZONE RR
CEASE AND DESIST INSTALLATION OF HOUSLNG/CAMP GROUND AT 1467
WESTHAMPTON
Dear Mr. LaMere,
You submitted a zoning request to this office April 3'd 2co7 for a determination as to if the lot located at
1467 Westhampton Road in Northampton, Map 42 parcel 009 can be occupied as a building lot. The
determination was made April 13, 2007 that a variance was required because the lot lacked sufficient
square footage to comply with Northampton Zoning section 350-attachment#2 .
You have not filed for a variance and our office have received complaints from neighbors that you are
now living on site in trailers. I have made several inspections of the property since and it is apparent
You have been cited for violations of the wetlands act for work within 100' of a resource area.
Our office received a call today from the registrar of Voters stating that you were trying to register to
vote using 1467 Westhampton Road as your place of residence.
You are hereby ordered to cease and desist residing at 1467 Westhampton RD. and remove the trailers
from the property. Failure on your part will result in fines of up to 5'100 p/day for each day violation
continues and or court action.
You have right of appeal and that appeal would be thru the Northampton Zoning Board of Appeals.
Please contact this office upon receipt of this letter with your plans for compliance.
Sincerely
Anthony Patillo
Building Commissioner
City of Northampton
Fife#MP-200710103
APPLICANT/CONTACT PERSON LAMERE DAVID 0
ADDRESS/PHONE 1467 W ESTF.ANIPTON RD (413y 584-0827 0
PROPERTYLOCLLTIQN L4671WO4f1
MAP 4TP.ARt,f:1009 00b ZONWRR _
TRUE COPY
THIS SECTION FOR OFFICIAL USE ONLY:
PERMIT APPLICATION CHECKLIST
ZONING FORM ILLED OUT l trio .& j
Fee-Paid 1J1'T�
Building Permit Filled out
Fee Paid
ENCLOSED REQLTRED DATE
Tv eofConstruction: ZPA-OCCUPANCY.STORAGE SFH
New Construction
Non Structural interior renovations
Addition to Existing
Accessory Structure
Building Plans Included:
Owner/Statement or License
3 sets of Plans/Plot Plan
THE FOLLOWLN'G ACTIN BAS BEEN TAKEN ON THIS APPLICATION BASED ON
LNFORMATION PgEETSZ 'TED:
Approved Additional permits required(see below)
PLANNLNG BOARD PERMIT REQUIRED UNDER: §
Intermediate Project: Site Plain ANT/TOR—Special Perrmt wan Site Pl it ,
Major Project: Site Plan AND/OR Special Permit with Site Plan
ZONLNG BOARD PERMIT REQUIRED UNDER: § 3 CO - .77.90 l.F'Ar Z
Finding Special Permit Variances ✓ fis.sA DS>vJ
Received&Recorded at Registry of Deeds Proof Enclosed.
Other Permits Required:
Curb Cut from DPW Water Availability Sewer Availability
Septic Approval Board of Health Well Water Potability Board of Health
Permit from Conservation Commission
Permit from Elm Sir eXf Commission
Permit from CB Architecture Committee
Signature of Building Official Date
Note:Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning
requirements and obtain all required permits from Board of Health,Conservation Commission,Department
of public works and other applicable permit granting authorities.
"Variances are granted only to those applicants who meet the strict standards ofMGL 40A. Contact the Office of
Planning&Development for more information.
I ‘ G ' PROJECT FILE N
k
t8 ' W
jIL LIT RA 2 ,
NCE . Q
SIGN
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r#2 .... -c m:07 i . . ® SIGN ^I,�Q�
�-- — .. HOST, ea LQ.
Tor*
1 ST. WA y1 ' .,# � +
N/P" FR. Ht7 CONNOLLY . 9 •
04 ATR1ECAP
DYMPNA M. A A0Ql,1T 41600 an;
PARCEL NAB 5 1- J
/. / 4AYID I;+AM' I ceuaCIA N1/4,U$4104,
el ! APPROX. R 71 / / ij. AREA ABOUT 150 *F1: MASS H+PHWJY t
I casopowssItA At
, , *7'
I CER Ti r/s
FY THAT THIS PLAN HAS
BEEN PREPARED IN CONFORMITY WITH " "" �-
WEALTH OF MASSACHUSETTS. APP1kiG1? !7: MARraH86I899 1N IAN
THE RULES NO REGULATIONS OF THE
REGISTERS OEEOS OF THE COMMON— THE IMONW A
N •HA
., rcJ� ,//.� . HAMPSHIRE
TAKEN FOR NI WAY
any srgn
IF YES. desalbe s;L, type and location:
stop One property?
Are there any proposed changes to or additions of signs intended for the progeny? YES
„ca__:ke s:_e re and lnrtinn:
11. Will the constnJcion activity disturb (clearing, grading, excavation. or f ,g) over lAcre or is it par.of a common
plan of development that will disturb over 1 acre? YES NO
IF YES, then a Northampton Storm Water Management Permit from the DPW is required.
12. ALL INFORMATION MUST BE COMPS l h0, or PERMIT CAN BE DENIED DUE TO LACK OF INFORMATION
This column reserved
for use by the Building
Department
13. Certification: I hereby certify hat the information contained herein is true and• ura"to 4'ae best of
my knowledge.
Date: V -;2/°7
Applicant's Signature
NOTE:Issuance of a zoning permit does not relieve an applicant'. •urden to comply with all zoning
requirements and obtain all required permits from the Board of Health, Conservation Commission.
Historic and.Architectural Boards,Department of Public Works and other applicable permit granting
authorities.
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Lot Size
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Rear
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13. Certification: I hereby certify hat the information contained herein is true and• ura"to 4'ae best of
my knowledge.
Date: V -;2/°7
Applicant's Signature
NOTE:Issuance of a zoning permit does not relieve an applicant'. •urden to comply with all zoning
requirements and obtain all required permits from the Board of Health, Conservation Commission.
Historic and.Architectural Boards,Department of Public Works and other applicable permit granting
authorities.
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File No. MP02/03
—Please pe or punt all information and return this form to the Building
Inspector's Office with the S15 filing fee (check or money order)payable to the
City HofN(orthhJampton
Name of%Appiicant:: /(')D Z-4 L4 ' e [/ ']
Address? 67 (/�f�.�j/» - Teleehone1/18-27 -oW� /
2. Owner of/Pr�ooerty:P/ 1D 5�,�01 ef(ic
Address/ / ita� /0 / ��%' / 6/1) Telephone:
S. Status of Applicant' GNn D J Contract Purchaser
Lessee
Other (explain) C ANe)/
Job Location: /q'-"7 %�79LD d '
ExiSiing Use of Strur__ure/P
57t-'4L riftvt � MauS'%E
6. Description of Proposed Use/Work/Project/Occupation: (Use additional sheets if necensaryp
40(.6-,vp,W`JC- S± ft45 S ` �+
=ached Plans: Sketch Plan ite Plan [ Engineered/Surveyed Plans
Has a Special Permit/YaHance/Finding ever been issued for/on the site?
NO L;L6N4 KN04 ) YES
IF YES: Was the permit recorded at the Registry of Deeds?
NO YES
IF YES: enter Book Pape
IF YES, date issued'
and/or Document r
4GOes the site contain a brook. body of water or wetlands? nr DON?KNOW
IF YES, has a permit been or need to fie obtained from the Conservation Commission?
Needs to be obtained
Co_ c^_.?G? SS'.CSm 3_'icflg-:-rc:or Zocry toe_- -._.aoc
YES
(Forri Continues Or.Cuter Side)
34-net
I.
^+ " " *uy "x "`''^' „ I 1i MInitPlil f2 ulrpu Lot ",'.MihhIinm Sltbaa ,�Mdk infljgr'a Minimum
e r 1 * prinelpai U§aaa i t ,0 ,� rba :r x + (taan S(Iildinti 1 G ail
t ra 11 , -, WidI , sa to ,emit ySltla 4,01- i t S`;t1d0 t:�
�._. , u� u - r �� �, . era' s r �h �,.
r _ _ ____ _tu.t-A1Ulrallies,deht M outing I)Irtilct " m .['rzm- 5 t'I Res
Dcl c halac'esvny slnelures (Nit no Iarger Dian 1,090 sq. IL oflol NA NA NA 20 10 I0 211 80%�
coverage unIcss used fur agncultury) > Sec also §6.7
Accessory vli uclures attached to a principal residential slnrclme,used NA I NA NA 30 10 10 20 811%
only as a gainge,storage space,or workshop, or non-commeidal
Imposes and not for any other uses. ("/13A nay grant a Special Permit
to reduce the limit yard setback to 40' when it rinds it will be no name
visua_Ily htlmsive than n detached structure In the same location.)
Any principal use tieing serviced by on-site water AND on-site sanitary
sewage disposal 80,000 175 200 40 20 50 35 80%
Any principal use in Water Supply Protection Overlay District(WSI') - -
>See§16.1/nod §16.9 80,000 175 200 40 20 50 35 85%
Nag Loa with 1-family Nome> See also §6.I3 8(1,000 50 200 80 40 100 35 85%
Assisted Living Residence or Nursing Dome 80,000+3,0(11 175 200 40 30 59 35% 811%
or bcaavmn Municipal _
unicipal FOeililies None None None 40 20 50 35 80%
lids within an Open Space Iles. Development(Cluster§19.5)or Planned
IMO I tevelopmcul (51(1.6) fur:
Single limilly homes 1(1,0(1(1 I 85 I10 30 IS 30 35 75%
lent lot line Single-family homes >See§10.14 9,009 75 110 30 15/0 30 35 70%
Iwo family homes 15,000 95 155 30 15 30 35 75%
'1lace fancily homes 20,000 i 105 190 30 15 30 35 75%
'townhouse 7.5(1(1 1001 215 30 30 30 35 75;'0
10 per unit
I'Ul)non-residential residential uses 20,(109 105 190 30 IS 30 35 75%
s Lots within a Residential Incentive Overlay
). Development(§19.11) tor:
z Single family homes 5,(101) 70 70 15 Ill 15 35 65%
,1„ wo Numly homes 7,500 75 100 15 I0 15 35 65
'I %
sr,;, 'I hice family homes&Townhouses 4,000 per un I 75+ 130 IS 10 15 40 65%
5 eruni'.
—
'1Ii.a Family not listed above 40,000 175 2(1(1 310 15 30 35 80% I
:4488‘41 I milted use no! listed above 40,1109 175 21111 40 20 50 35 811.6
t1 raga n on limning uses 40,000+ 1,0610 175 200 40 20 50 35 8(1%
I ter unit 1 _
Vtt
r l /116 6-2
fa: Mi?6B pt (525210145 warm 10:43
THE CONNONWEALTE OF MASSACHUSETTS
DEPART.M_,NT OF HIGHWAYS
--OOOoco000---
NORTHAMPTON
LAYOUT NO 7199
AND ORDER OF TAKING
The Commonwealth of Massachusetts Department of Highways,acting under the
authority of Chapter 81,Section 29A of the General Laws and all other general or special laws
thereto enabling,hereby adjudges that public necessity and convenience require that said
Department of Highways should alter and lay out,on behalf of the City of Northampton,a
portion of Route 66 known as Westhampton Road in the City of Northampton,County of
Hampshire.
The alteration is made in two sections,as shown on the plan hereinafter referred to,and is
more fully described as follows:
The main baseline for the altertion begins at a point within the existing City layout of
Route 66 at the Westhampton town line,shown on the plan,hereinafter described,as station
.9+59.15-and-extcurve to the left of 1506.33 feet radius 40.85 feet;thence,north
38'-34'-21"east 208.66 feet;thence,north 54°,36-39"east 521.37 feet;thence
north 63°-57'-51"east 229.07 feet;thence by a curve to the right of 400.00 feet radius 419.66
feet;thence,south 55°-55-25"east 107.14 feet to the point of ending thereof,shown on the plan
hereinafter referred to as Station 24+85.90. The stations hereinafter referred to are points
thereon.
4258 ce /6257/O18 LmrEm 10:43
In Northampton
Pane 4
An easement is hereby taken in the parcel of land shown on the plan hereinafter referred
to as Parcel I5-RTTS-1 for the purpose of removing or demolishing a structure or portion of a
structure which is located partly within the Limits of the City Way altered and laid out as
hereinbefore described,and for constructing slopes ofexcavation or embankment and consists of
the right to enter upon said land at any time during the effective period of the easement to
remove and/or demolish said structure or the portion thereof now located thereon,and to
construct thereon,slopes of excavation and/or embankment. Said casement is temporary in
nature and is to be in effect only for a period of three years from the date of recording of this
instrument.
The aforesaid easements are more particularly shown on the plan hereinafter referred to
For the purpose of laying out,constructing and maintaining the sections of City Way
hereinbefore described,the Department of Highways,on behalf of the City of Northampton,does
hereby take bait' • impf ^d ths_ sioas of Chapter 79 of the General Laws and of all
other general or special laws thereto enabling,Parcel 15-2-C,shown on the plan hereinafter
referred to,including all trees and structures located thereon(not,however,including poles,
towers,lines,wires,cables and other appurtenances for the conveyance of electricity and
telephone communication and any other utilities)situated in the City of Northampton,County of
Hampshire,excepting from the rights herein taken,all easements for wires,pipes,conduits,poles
and other appurtenances for the conveyance of water,sewage,gas,oil and electricity and for
telephone communication and any other utilities now lawfully in or upon said premises hereby
or _ amazon Police Depart.-cent.
Number Printed: 04/01/2007
1547
Call Taker:
1 closed
1 Modified Sy:
atiot/Address:
ID:
Cleared By:
ID:
Dispatched Ey:
Cleared Sy:
le Entered Ey:
Vehicle:
Owner:
Narrative:
Narrative:
- Str:dav
Call Reason Action -
Phone - Suspicious/wanted Service Rendered
9020 - Dispatcher Cynthia Hunter
024 - Dispatcher Aaron T Babinski 04/01/2001 1628
9024 - Dispatcher Aaron T Babinski
:PLR] 45 LCUDVE.LE RD E 1443 WESTHAMPTON ED
187 - Patrol Brent H Czialo - 2519
Disp-15:53:31 Arvd-16:03:44 Gird-16;28:17
9024 - Dispatcher Aaron T Babinski
178 - Patrol Victor F Caputo-2099
Disp-15:57:45 Arvd-16:10:13 Clyd-16:10:49
9024 - Dispatcher Aaron. ? Babinski
9024 - Dispatcher Aaron T Babinski
04/01/2007 1944 l67 - Patrol Brent H Czialo - 2519
Bill 1983 CREV PU Reg: PC 019 451E70 VIN: 2CCCC14C2D11:9950
LAMERE, DAVID E @ 45 LOODVT_LLE RD - FLORENCE, MA 01062
04/01/2007'1607 Dispatches Cynthia Hurter
04/01/2007 1606-report c£ a male in at older blue truck that
maybe living in a trailer at this location. Bldg ins. Tony
Patillo sent email recniesting to be contacted if this person
was seen.
04/01/2007 1607 Dispatcher Cynthia Hunter
04/01/2007 1607-Ofcr. Dzialc reports this male is at this
location, bldg" ins. called, he is enroute.
Narrative: 04/01/2007 1619 Dispatcher Cynthia Manta=
04/01/2007 1619-Bldg its. on scene.
Narrative: 04/01/2007 1958 Patrol Arent M Dzialo - 2519
I responded to 45 Loudville Rd. in an attempt to locate a
party residing at that address. The City Building
_Coasss_enem-.--t1O1r-Pa..,11., eya st . _ i _ry
locate the party residing that address and remain on
scene until his arrival. I was able to locate David F.
Lamere. In speaking with Lamaze, he stated to me that he is
currently living out of a trailer parked on the property. HA
stated that his house was recently foreclosed on, and that
he was going tc be staying in the trailer until he was able
to find something better. : remained on scene while Patillc
snake with Lamere. No further police service was necessary.
Priority Dnn14 cate
t
PLEASE PRINT
AFFIDAVIT PLEASE PRINT
THIS IS A REQUEST FOR AN EMERGENCY ORDER
UNDER THE PAINS AND PENALTIES OF PERJURY I SWEAR AND AFFIRM THAT:
MY NAME IS Ernest J. Mathieu, Dir. of Pub. Health and Anthony Patillo, Building
Commissioner, We are the: Representatives for the City of Northampton, Our
Business Address is: 212 Main Street, Northampton, MA 01060
Telephone # (Board of Health) 413-587-1213 or (Building Dept.) 413- 587-1240
I AM BRINGING THIS ACTION AGAINST: David LaMere who resides at 1467
Westhampton Road,LaMere, P.O. Box 01,1So tha p Zip 01062 and who's
MA, 01073 Phone Mailing Unknown
address is: David
THIS ACTION RELATES TO PROPERTY LOCATED AT: 1467 Westhampton Road,
Florence, MA Zip 01062 Owner [ ]Tenant [ ] Neighbor
(Explain the Defendant's relationship to the property): [X]
[ ] Visitor [ ] Other :
On May 13, 2007 to May 29, 2007, the Following Has Occurred: (PRINT)
1. The property owner has been living in a mobile camping trailer on a city parcel (lot)
e.
in noncompliance with the City Zoning Regulations andothe e Sttt have uilding Coder
2. The lot does not have a potable drinking water supply does
line source nor a private drinking well and does not any means of proper disposal
or discharge of sanitary sewage or grey water by means of the availability to
connect to the city sewer line of an individual septic system on the lot.
3. The property is not maintained in a clean and sanitary condition free from litter, and
scattered debris.
I HAVE ATTEMPTED TO RESOLVE THIS PROBLEM BY DOING THE FOLLOWING:
1). Several letters of Notice of Violations and Correction Orders have been sent to the
property owner between the period of May 13, 2007 to May 29, 2007, describing what he is
in violation of and to correct the violations which are herby attached.
2). Also, between the period of May 13, 2007 to May 29, 2007 several site visits have been
made to the property and Mr. Anthony Patillo, Building Commission has attempted to
discuss and reason with him to conform and comply with the orders issued to him by the
City, but to no avail.
(OVER)
THEREFORE I AM ASKING THE COURT TO:
l). Issue a court order to the property owner to comply and conform to all of the orders
ssued to him by the City of Northampton as of the time of the court hearing date.
SIGNED
DATE
%
ATE
BOARD OF HEALTH
MEMBERS
DSEMARIE KARPARIS,R.N.,MPH
NTHI SCRIMGEOUR,MHEd,ONES
JAY FLEITMAN,M.D.
STAFF
mestJ.Mathieu,R.S.,M.S.,C.H.O.
Director of Public Health
iota Abbo,R.N., ublic Health Inspector u
May 14,2007
OFFICE OF THE
BOARD OF HEALTH
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
212 MAIN STREET
NORTHAMPTON,MA 01060
(413)587-1213
FAX(413)587-1221
David Lamere
1467 Westhampton Road
Northampton MA 01060
RE: Complaint— 1647 Westhampton Road—Illegal Wastewater Disposal and Exterior
Property Not Properly Maintained
Dear Mr. Lamere;
Please be exterior ofyour property that l located at 1467 W es complaint regarding the conditions of the a
thamp onRoad.
An inspection was made May S and on May ,
14 2006, which has revealed violations of one
or more laws. Listed below is a description of the violations observed upon inspection that
were described in the complainant filed by a resident.
DESCRIPTION OF VIOLATION(Sl.
1. No means of proper disposal of sanitary sewage, grey water or wastewater by means
of an Individual Septic System in compliance with title 5 or connection to the City
Municipal Sewer System being discharged fr om occupiie d Moo bile Trailer Homes
currently on this property. The sanitary sewage grey
observed to be discharging into an open bucket under the Mobile Home creating
odors and flying insect infestation around the area.
2. Exterior of property is not properly maintained and has numerous containers strewn
about, scattered litter and other debris.
Below are photos taken of the property taken during site visits:
Faze 2
ORDER: Immediately cease and desist the improper discharge of any sanitary sewage,
grey water or wastewater from the mobile home trailers no later25.2007'
Properly Board area lt all litter and
debris from
the property to the satisfaction of the of Health no later 25. 007.
You are hereby ordered to correct or eliminate these violations stated above in accordance
with CHAPTER II OF THE STATE SANITARY CODE M.G.L. CHAPTER 111
SECTIONS 122 TO 125A ABATEMENT OF NUISANCES AND TIT E 5 OF THE
STATE ENVIRONMENTAL CODE. The conditions, which exist,may permit
occupant of the dwelling or business to exercise one or more statutory remedies.
IMPORTANT NOTE: PLEASE NOTIFY THIS OFFICE AT 587-1214
WHEN ALL OF THE VIOLATIONS ARE CORRECTED TO ARRANGE
FOR A RE-INSPECTION. IF ALL OF THE VIOLATIONS ARE NOT
FOUND TO BE CORRECTED AT THE TIME OF THE RE-
INSPECTION AND ANOTHER RE-INSPECTION IS RE IRED THERE
WILL BE A 75.00 RE-INSPECTION FEE FOR EACH RE-INSPECTION
REOIRED.
Should you be aggrieved by this order, you have the right to request a hearing before the
Board of Health. A request must be received in writing to the office of the Board of Health
within seven(7) days of receipt of this order. At said hearing, you will be given an
opportunity to be heard and to present witnesses and documentary evidence as to why this
order should be modified or withdrawn. You have the right to be represented by an attorney.
You may contact this office to inspect and obtain copies of all relevant inspection or
investigation reports, orders,notices and other documentary information relative to this
property. If these premises are occupied as rental housing,the occupants are entitled to their
statutory rights and remedies.
Sincerely,
Ernest 3. Mathieu, R.S.,M.S., C.H.O.
Director of Public Health
e-mail: emathieu @northamptonma.gov
PROOF OF SERVICE OF PROCESS
I hereby certify and return that on
summons and restraining orders,together with a co a complaint in this act on, upon the within a copy of the within
named defendant, in the following manner[See Mass. R.Civ.P.4(d)(1-5)]:
Dated:
Print Name
_ , 200 .
Signature
N.B. TO PROCESS SERVER:
PLEASE PLACE THE DATE YOU MAKE SERVICE ON THE DEFENDANT IN THIS BOX ON THE
O;IG N • L s ND 'N COP SERI D i . F ND
, 200 . )
Gs: 11-30-00
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
HOUSING COURT DEPARTMENT
WESTERN DIVISION
37 ELM STREET P.O. BOX 569
SPRINGFIELD, MA 011020559
TELEPHONE (412) 748-7838
FAX (413) 732-4607
WILLIAM H. ABRASHKIN
FIRST JUSTICE
DINA E. FEIN
ASSOCIATE JUSTICE
Case No 07 CV OOIzi
Date:
ROBERT G. FIELDS
CLERK MAGISTRATE
KEVIN R. BYRNE, SR.
CHIEF HOUSING SPECIALIST
VijNE 41 2.007
Cfrtj of IJo rweirruV 6.v. N . tAVIp �rt/t1ORc
Defendant(s)
Pi amurr(e 1y4, WESTII AMPTDN ROAD
21 2 MA IN S i2ECT Street
Street FLos£A/CC MA OI06 Z
(/ZIP AanPTonl MA 01 0 (o t7 r C ty/Zip
I
City/Zip
COMPLAINT AND APPLICATION FOR
TEMPORARY RESTRAINING ORDER
Based upon the specific facts set out in the attached affidavit/verified complaint filed with the Clerk of this Court,I request
that the Court order the above Defendant(s)to desist and refrain from / �KSS. But-DEAR.
I L.D/NC
(for ComeLAR Ri Nfl (1 ST7 ""NI r
Co DE kAR> A./02T!-1P fl4erON ZD)y ItJG Rcczw. m-nowS
I also request the Court waive Rule 65(c)of MRCP that I provide security for the issuance of the above orders because
Signed and sworn to unde
before
Clerk-Magistrate.
Signature
SUMMONS AND NOTICE OF HEARING ON TEMPORARY RESTRAINING ORDER
TO THE DEFENDANT: You are hereby notified that a hearing on the above application will be held at the
We tNE Division of The Housing at Court. tlwhiich you may appear andishowacause why Duch
TUNE It 2007
application should not be granted.
WITNESS: William H.Abrashkin, Esq. at Northampton
Dina E. Fein, Esq. at Northampton
BOARD OF HEALTH OFFICE OF THE
MEMBERS BOARD OF HEALTH
ROSEMARIE GEOUR.MR.N.,MPH
;pNTHI S JAY FLEE MAN M.D. CHES
JAV FLEI7MAN,M.D.
STAFF
EmestJ.Mathieu,R.S.,M.S..C.H.O.
Director of Public Health
u
btaa Meczywor,R.S.,Abbott,R.N.,Public Sanitary lth Nrse
ine 12,2007
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
212 MAIN STREET
NORTHAMPTON,MA 01060
(413)537-1214
FAX(413)587-1221
In Hite,Director
orthampton Housing Authority
3 Old South Street
orthampton,MA 01060
E: David Lamere- 1467 Westhampton Road
)ear Mr. Hite;
:has come to my attention that Mr. David Lamere will be soon filing an application with the Northampton
lousing Authority to rent an apartment unit.
4r. Lamere is currently living in an approximately 24' camping trailer on a lot at 1467 Westhampton Road in
ion-compliance with several State Sanitary Codes and the Northampton Code of Ordinances. At this property
here is not a potable drinking water supply and no means of proper sanitary sewage disposal. He is under an
,nforcement order ind vacate the property by July 11,Northampton
007. He has also been tossued remove court order o comply with this order.the lot
3e has expressed to me that he is unemployed and seeking assistance from several state agencies via
applications. Due to the extreme hardship of his condition and his willingness to cooperate with the
enforcement orders issued by the Board of Health, and the fact that he expressed that he has no place to live
after he vacates the property, I am recommending that his application for housing with the authority be
considered as a priority to review for acceptance.
If he is approved for housing and the event that any health issues or concerns arise involving his tenancy,please
bring it to my attention immediately.
Thank you for your anticipated careful consideration in this request. Please contact me if you have any
questions.
Since r- yours,
Ernest J. Mathieu,R.S.,M.S., C.H.O.
Director of Public Health
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The parties are to appear In court on (o- 1 -p
review on compliance with this agreement. * at o'clock for
May Result In the compliance t sal of this case.F`A•lLl1RE of the Plaintiff to appear for this review
review May Result In the Issuance oof an Ev loon O de of the Deter dent to appear for this
eozai IF EITHER PARTY alleges that the other party has fat to mply with the the t�conditions
of this Agreement, s/he may schedule a court hearing after serving a seven jaggiest days jams
nosg to the other party and immediately filing a copy of that notice with the court. The seven day
period begins when the other side receives notice. Once Aooroved By T e Judge
Agreement Becomes A Court Order And ft;? rtes Are Legally Required This If
questions arise, please direct them to the mediator.I Understand That I Have a Right to
d•e but 1 stead Choo-e to Sle ,
S
iffitZ : d te,q„/7,v.y‘ -rimed
PRINT NAME
Telephone
Plaintiff's Attorney
Mediator
William H. Abrashkin, First Justice
agree.6 5/22/01 (cis)
AI
Tenanr.a e
PRINT NAME
Telephone
Defendants Attorney
Clerk-Magistrate / Asst. Clerk-Magistrate
Dina E. Fein, Associate Justice
( es were given to the parties
1-
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
HOUSING COURT DEPARTMENT
WESTERN DIVISION
37 ELM STREET . P.O. BOX 359
SPRINGFIELD, MA 011020669
TELEPHONE (413) 748.7838
FAX (413)73E4807
WILLIAM H. ABRABHKIN
FIRST JUSTICE
DINA.E. FEIN
ASSOCIATE JUSTICE
ROBERT G. FIELDS
CURS MAOISTPATE
KEVIN R. BYRNE, SR.
CHIEF HOUSMO SFEC RUST
ase No. D? L '" D° 7 2- 1 Date (D — L U 7-
TENANT/DEFENDANT
AGREEMENT OF THE PARTIES
TH.
HE PARTIES AGREE TO THE FOLLOWING AS A RESOLUTION OF THIS CASE
o
Lawatar .y �.
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C5) 2 .Do Pat
' Y> -rlF c (ice 72-Fl/t cif ON (o -ZLam—.v.
The parties are to appear in court on lP 25-- 07 at 9:0O-la o'clock
review on compliance with this agreement. • FAILURE of the Plaintiff to appear for this revi
May Result In the Dismissal of this case. "FAILURE of the Defendant to appear for t
review May Result In the Issuance of an Eviction Order.
IF EITHER PARTY alleges that the other party has failed to comply with the terms and conditic
of this Agreement, s/he may schedule a court hearing after serving a seven business days writi
notice to the other party and immediately filing a copy of that notice with the court. The seven c
period begins when the other side receives notice. Once Approved By The Judge TI
Agreement Becomes A Court Order And Both Parties Are Legally Required To Follow It.
questions arise, please direct them to the mediator.) Understand That I Have a Right
a Trial Before a Judge, but Instead I Choose to Sign this Agreement.
dnNdate
'eV �i. e% STY17,/
PRI NAME
Telephone
64,47
PRINT NAME
Telephone
Defendant's Attorney
Clerk-Magistrate / Asst. Clerk-Magistrate
William H. Abrashkin, First Justice Dina E. Fein, Associate Justice
agree.6 5/22/01 (cis)
Copies were given to the parties
COMMONWEALTH EH OF MASSACHUSETTS TRIAL COURT
HOUSING COURT DEPARTMENT
WESTERN DIVISION
37 ELM STREET - P.O. BOX 559
SPRINGFIELD MA 01102-0559
TELEPHONE(413)748-7896
FAX (412)7324607
WILLIAMRN•JABRASNKIN
DINA E. FEIN
ASSOCIATE JUSTICE
Case No.
2
N
LANDLORD/PLAINTIFF
Date
ROBERT G. FIELDS
CLERK MAGISTRATE
KEVIN R. BYRNE, SR.
CHIEF HOUSING SPLCIALIST
6 iR o7
�A1n D C/riteeztr
TENANT/DEFENDANT
AGREEMENT OF THE PARTIES
THE PARTIES AGREE TO THE FOLLOWING AS A RESOLUTION OF THIS CASE
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COMMONWEALTH OF MASSACHUSETTS
HOUSING COURT WESTERN DIVISION
NORTHAMPTON BOARD OF HEALT
Plaintiff
No. 07-CV-00921
DAVID LAMERE
Defendant
NOTICE OF RESCHEDULED REVIEW DATE
The above case will be called for review at Courtroom 2 of the
Housing Court Northampton, 15 Goth Street, Northampton, MA
Monday, July at 09 : 00 o' clock, Y. Y 0c,
Please note that this case has been rescheduled.
Robert G. Fields
Clerk Magistrate
Date: June 25, 2007
ECMS : RES-REVIEW
Mailing date : June 27, 2007
Northampton Board of Healt
Ernest J. Mathieu, Dir. of Public Health
212 Main Street
Northampton, MA 01060
P1
w
COMMONWEALTH OF MASSACHUSETTS
HOUSING COURT WESTERN DIVISION
NORTHAMPTON BOARD OF HEALT
Plaintiff
No. 07-CV-00921
DAVID LAMERE
Defendant
NOTICE OF RESCHEDULED REVIEW DATE
The above case will be called for review at Courtroom 2 of the
Housing Court Northampton, at 15 Gothic Street, Northampton, MA
01060 at 09 : 00 o'clock, Monday, July 16, 2007 .
Please note that this case has been rescheduled.
Date : June 25, 2007
ECMS : RES-REVIEW
Robert G.' rields
Clerk Magistrate
Mailing date : July 10, 2007
Northampton Board of Healt
Ernest J. Mathieu, Dir. of Public Health
212 Main Street
Northampton, MA 01060
P1
THE TRIAL COURT
COMMONWEALTH OF MASSACHUSETTS
USING COURT DEPARTMENT
SE NO. ®/7
C -0°9z/
1-404,94-- /64w429/444S-
Plaintiff(s)
WESTERN DIVISION
vs.
Defendant(s)
] MOTION FOR ISSUANCE OF A CRIMINAL COMPLAINT
MOTION TO CONTINUE THIS CASE TO:
ATE
] MOTION TO DISMISS
] MOTION FOR THE ISSUANCE OF A NOTICE OF WARRANT FOR
] MOTION FOR THE ISSUANCE OF A WARRANT
] OTHER:
in behalf of the Plaintiff(s), the undersigned asks that the above indicated action be
aken in this case for the following reason(s):
Dated:
[ ] ALLOWED
CLS: 10-5-00
[ ] DENIED
Signature
Title or Capacity
M
ClerklAsst. Clerk-Magistrate
THE TRIAL COURT
COMMONWEALTH OF MASSACHUSETTS
SING COURT DEPARTMENT
',E NO. a_
—
WESTERN DIVISION
'r1d eRe a , 'd dry 1' ' vs.
Plaintiff(s) Defendant(s)
MOTION FOR ISSUANCE OF A CRIMINAL COMPLAINT
(MOTION TO CONTINUE THIS CASE TO: r Z00 7 AT
] MOTION TO DISMISS
] MOTION FOR THE ISSUANCE OF A NOTICE OF WARRANT FOR
] MOTION FOR THE ISSUANCE OF A WARRANT
] OTHER:
n behalf of the Plaintiff(s), the undersigned asks that the above indicated action be
ken in his ase for the following reason(s): n
i . pi/2d°- 6a�l/�y
i .ai.
)ated:
�s( cod.?
] ALLOWED [ ] DENIED
CLS: 10-5-00
Signature
Title or C
acity
Clerk/Asst. Clerk-Magistrate
COMMONWEALTH OF MASSACHUSETTS
HOUSING COURT WESTERN DIVISION
NORTHAMPTON BOARD OF HEALT
Plaintiff
DAVID LAMERE
Defendant
No . 07-CV-00921
NOTICE OF REVIEW DATE
Housinge CourrteNorthampton, at review at Curtroom 2 of
Nor the case will be thampton, MA
01060 at 09 : 00 o' clock, Monday, July 23 , 2007 .
Date : July 16, 2007
ECMS : SCH-REVIEW
Robert G. Fields
Clerk Magistrate
■
P1
Mailing date: July 16 , 2007
Northampton Board of Healt
Ernest J. Mathieu, Dir. of Public Health
212 Main Street
Northampton, MA 01060
THE TRIAL COURT
COMMONWEALTH OF MASSACHUSETTS
USING COURT DEPARTMENT
SE NO. 07., ev -coca
71 6a vs. An-v./Li
Plaintiff(s) Defendant(s)
WESTERN DIVISION
] MOTION FOR ISSUANCE OF A CRIMINAL COMPLAINT
I] MOTION TO CONTINUE THIS CASE TO: 2 3 20 tl AT 6-24Th
] MOTION TO DISMISS
] MOTION FOR THE ISSUANCE OF A NOTICE OF WARRANT FOR
] MOTION FOR THE ISSUANCE OF A WARRANT
] OTHER:
n behalf of the Plaintiff(s), the undersigned asks that the above indicated action be
iken in this case for the following reason(s):
[ ] ALLOWED
CLS: 10-5-00
[ ] DENIED
Signatur
Title or apacity
Clerk/Asst. Clerk-Magistrate
COMMONWEALTH OF MASSACHUSETTS
HOUSING COURT WESTERN DIVISION
NORTHAMPTON BOARD OF HEALT
Plaintiff
DAVID LAMERE
Defendant
No. 07-CV-00921
NOTICE OF REVIEW DATE
The above case will be called for review atNCCourtm Northampton, of the
Housing Court Northampton, at 15 Gothic Street,t, p
01060 at 09 : 00 o' clock, Monday, July 30,
Robert G. Fields
Clerk Magistrate
Date: July 23 , 2007
ECMS: SCH-REVIEW
P1
Mailing date : July 25, 2007
Northampton Board of Healt
Ernest J. Mathieu, Dir. of Public Health
212 Main Street
Northampton, MA 01060
THE TRIAL COURT
COMMONWEALTH OF MASSACHUSETTS
USING COURT DEPARTMENT
V
SE NO. <` eU QdyP°2//( i vs. An/el
67-11
Plaintiff(s) Defendant(s)
I
4 MOTION TO CONTINUE THIS CASE TO: O7/3d /'r' AT 9d3
WESTERN DIVISION
MOTION FOR ISSUANCE OF A CRIMINAL COMPLAINT
] MOTION TO DISMISS
] MOTION FOR THE ISSUANCE OF A NOTICE OF WARRANT FOR
] MOTION FOR THE ISSUANCE OF A WARRANT
] OTHER:
In behalf of the Plaintiff(s), the undersigned asks that the above indicated action be
iken i this`c/ase for the following reason(s):
D L�/42.0B' 7O?W �/j/J 47 " � te
of a--l p44, 6z
)ated:
[ ] ALLOWED
CLS: 10-5-00
[ ] DENIED
Signatur
ig d .
Title or Capa
ClerklAsst. Clerk-Magistrate
BOARD OF HEALTH
MEMBERS
3EMARIE KARPARIS,R.N.,MPH
THI SCRIMGEOUR,MHEd,CUES
JAY FLEITMAN,M.D.
STAFF
est J.Mat ieu,R.S.,M.S.,C.H.O.
Director of Public Health
i Meczywor,R.S.,Sanitary Inspector
is Abbott,R.N.,Public Health Nurse
July 30,2007
OFFICE OF THE
BOARD OF HEALTH
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
David Lamere
1467 Westhampton Road
Northampton MA 01060
RE: 1647 Westhampton Road—Compliance with orders
212 MAIN STREET
NORTHAMPTON,MA 01060
(413)587-1213
FM(413)587-1221
Dear Mr Lamere;
On July 30, 2007, an insOpection of your property located at 1647 Westhampton Road
revealed that the last pending order which was the installation of a fence around your
vehicles and requirements that were isd to completed.u by the Board of Health and he Buildin the orders
Department.
Therefore, pleased be in formed that on this date the Board of Health dismissed your Housing
Court Case# 07-CV-00921. Thank your for your time and attention in complying with the
orders of both Departments.
Sincerely,
Ernest J. Mathieu, R.S ,M.S., C.H.O.
Director of Public Health
e mail: emathieu @northamDtonma.>;ov
cc: Anthony Patillo,Building Commissioner
THE TRIAL COURT
COMMONWEALTH OF MASSACHUSETTS
)USING COURT DEPARTMENT
\SENO. 67— V —n009 Z/
� l� ! //, vs. fred.ci` Plaintiff(s)% L4 ant(s)
WESTERN DIVISION
] MOTION FOR ISSUANCE OF A CRIMINAL COMPLAINT
] MOTION TO CONTINUE THIS CASE TO: AT
MOTION TO DISMISS
] MOTION FOR THE ISSUANCE OF A NOTICE OF WARRANT FOR
] MOTION FOR THE ISSUANCE OF A WARRANT
] OTHER:
n behalf of the Plaintiff(s), the undersigned asks that the above indicated action be
tken in this case for the following reason(s): n
afro Fr/re-4n `3� 214a 7 N
agog
sated:
0
] ALLOWED [ ] DENIED
;LS: 10-5-00
Signature
v
Title or Capacity
Clerk/Asst. Clerk-Magistrate
the file of 1467 Westhampton Rd:
7 Westhampton Rd (Photos)
ter, David Lamere
JULY 16,2007—Area appearance is improved
and cleaned by owner
JULY 23, 2007—Fence installation under construction
LY 30, 2007 - Construction of fence completed