227 Court Paperwork MARTHA COAKLEY
Arro wury Game.
www.mass.gov/ago
THE COMMONWEALTH OF MASSACHUSETTS
OFFICE OF THE ATTORNEY GENERAL
WES I ERN MASSACHUSETTS DIVISION
1350 MAIN STREET
SPRINGFIELD, MASSACHUSETTS 01103-1629
December 26,2013
Via Certified Mail,RRR and
First Class U.S. Mail
Patricia Gantes
2589 Santa Anna Avenue, Apt.A
Costa Mesa, CA 92627
Re: 227 Bridge Street, Northampton, MA 01060
Notice of Intent to Seek Appointment of a Receiver
Dear Ms. Gantes:
Tu.:(413)784-1240
FAX:(413)784-1244
This letter concems the condition of the residential premises located at 227 Bridge Street,
Northampton,Massachusetts.Public records indicate that you are the record owner of the
property. If this is incorrect,please contact me immediately.There are a number of long-standing
violations of the State Sanitary Code and other Mw at this property,which has been abandoned
and unattended by its owner for a significant period of time.
In its present condition,the property is unfit for human habitation and poses a severe,
immediate and continuing threat to the health and safety of occupants, trespassers,neighbors and
the public in general, in violation of 105 CMR 410.750. For example,recently the property had
no heat and a significant water leak. Those conditions would have led to the condemnation of
the building had the current occupants not taken care of the repairs due to your inability or •
unwillingness to do so. The water leak also left significant structural damage and the potential
for the already-present mold in the basement to exacerbate. Additionally, there are multiple
other Code violations that were brought to your attention by the City in August and September of
this year that have not been addressed, including, but in no way limited to:remediation of the
bathrooms and kitchens of both legal units' and remediation of the water heater,electrical
systems,and asbestos insulation in the basement. Your failure to secure,manage and maintain
the property in the lawful manner allows the poor conditions at the property to continue to
deteriorate and endanger occupants,first responders and the public.
The State Sanitary Code and other applicable codes and applicable Massachusetts law
allows this office and the City of Northampton to petition the appropriate court for the
227 Bridge Street,Northampton,MA 01060 December 26,2013 Page 2
appointment of a receiver. Please be advised that, rayless you contact this office within seven
calendar days,a petition for appointment of a receiver will be filed with the Court pursuant to
M G L. c 111,§1271(copy enclosed)and the court's general equity jurisdiction.
Although we are willing to discuss a reasonable resolution of these violations,conditions
require that we commence an action in short order to protect the public's interests should you fail
or refuse to comply with your obligations under Massachusetts law as the property owner. If you
wish to discuss your intention to resolve these issues to avoid further action,please contact me at
the telephone number below or at julie.datres @state.ma.us.
We look forward to your prompt reply.
Very truly yours,
Julie Datres
Special Assistant Attorney General
413-523-7703
cc: US Bank,NA;
City of Northampton(via email)
CITY of NORTHAMPTON
PUBLIC HEALTH DEPARTMENT
BOARD OF HEALTH MEMBERS:Donna Saloom, Chair-Joanne Levin, MD-Suzanne Smith, MPH, MD-
William Hargraves-Cynthia Suopis, PhD
STAFF:Merridith O'Leary,RS,Director Daniel Wasiuk, Inspector—Edmund Smith, Inspector—Lisa Steinbock RN,Nurse
CORRECTION ORDER
Issued under the Provisions of
The State Sanitary Code,Chapter I1,Minimum Standards of Fitness for Human Habitation
105 CMR 410.00
Note: This is an important legal document that might affect your rights.
Este es un documento legal importante que podria afectar sus derechos.
Date
Owner Name
Mailing address
e: No Tenancy
!ear Property Owner/Manager:
n authorized inspection was made by a designee of the Northampton Health Department of your property located
, Northampton,MA on 2013. Due to the nature of the violations that were
ted at the time of the inspection,it is our determination that at this time there shall be no tenancy at the property
!ferenced above until a designee from the Health Department inspects property and gives permission in writing
tat referenced property can be occupied.
could you be aggrieved by this decision, you have a right to request a hearing before the Board of Health. This
:quest must be made by you, in writing,and filed within 7 days after this notice has been dated. If you request a
raring,all affected parties will be informed of the date,time,and place of the hearing,and of their right to inspect
Id copy all records concerning the matter to be heard.
you or your representative has any questions,please do not hesitate to contact this office.
:spectfully,
212 Main Street,Northampton,MA 01060
Ph(413)587-1214 Fax(413)587-1221
COMMONWEALTH OF MASSACHUSETTS MAY 2 2014
WESTERN DIVISION, SS. HOUSING COURT
DEPARTMENT OF
THE TRIAL COURT
CIVIL ACTION
No. 14CV89
ATTORNEY GENERAL for the
COMMONWEALTH OF MASSACHUSETTS,
Plaintiff
v.
PATRICIA GANTES (owner)
US BANK NA(mortgagee)
KEVIN MAGUIRE (tenant)
MONIQUTA HOPKINS (tenant)
ANDREW HOPKINS(tenant),
Defendants
Re: Premises: 227 Bridge Street, Northampton, Massachusetts
After hearing on May 5,2014, at which the Plaintiff,Attorney General for the
Commonwealth of Massachusetts appeared through counsel,the City of Northampton appeared
by counsel, US Bank appeared by counsel, the Receiver, JJS Capital Investment,LLC appeared
with counsel, and the tenant,Kevin Maguire, appeared, the Court orders as follows:
I. The Receiver's Motion to Amend the Rehabilitation Plan is hereby ALLOWED without
opposition.
2. By agreement of the Receiver and Kevin Maguire, the Receiver agrees to alternatively
house Mr.Maguire and his household members in an apartment in Springfield until the next
review date.
3. Kevin Maguire and his household members are ordered to continue their search for
permanent new housing and report on their progress at the next review date.
4. The Receiver shall file and serve a Receiver's Report on or before May 23, 2014.
5. The case is scheduled for further review on May 30,2014 in the Springfield session of
this Court and all parties are ordered to appear.
Dated: May
2014
The Honorable �R^�
Justice of the Ho ling Court-Westem Division
COMMONWEALTH OF MASSACHUSETTS
WESTERN DIVISION,
ATTORNEY GENERAL for the
COMMONWEALTH OF MASSACHUSETTS,
Plaintiff
v.
PATRICIA GANTES (owner)
US BANK NA(mortgagee),
Defendants
HOUSING COURT
DEPARTMENT OF
THE TRIAL COURT
CIVIL ACTION
No. 14CV89
Re: Premises: 227 Bridge Street,Northampton,Massachusetts
RECEIVER'S MOTION FOR SHORT ORDER OF NOTICE AND TO HOLD
HEARING IN SPRINGFIELD SESSION
Now comes the Receiver, JJS Capital Investment, LLC, and moves that this Honorable
Court allow the Receiver's Motion to Relieve the Receiver of Obligation to Provide Alterative
Housing to Tenants and Receiver's Motion to Amend Rehabilitation Plan be heard on short
notice to the parties and that the hearing be held in the Springfield session. As grounds, the
Receiver has commenced lead abatement work at the property and is currently alternatively
housing the tenants of the property, at a hotel and providing the tenants with a food stipend. The
tenants and the Receiver have been informed that the hotel will no longer be available after May
7, 2014 due to the hotel blocks and reservations for urea college graduations. The Receiver has
been unable to secure longer term housing for the tenants in an apartment in the Northampton
area and the tenants are unable to move out of the Northampton area due to transportation despite
the Receiver locating alternative housing in the Springfield arca. The Receiver is also unable to
complete further work at the property until the Motion to Amend Rehabilitation Plan is heard as
COMMONWEALTH OF MASSACHUSETTS
WESTERN DIVISION, SS.
ATTORNEY GENERAL for the
COMMONWEALTH OF MASSACHUSETTS,
Plaintiff
v.
PATRICIA CARTES (owner)
US BANK NA(mortgagee),
Defendants
HOUSING COURT
DEPARTMENT OF
THE TRIAL COURT
CIVIL ACTION
No. 14CV89
Re: Premises: 227 Bridge Street,Northampton,Massachusetts
RECEIVER'S MOTION FOR SHORT ORDER OF NOTICE AND TO HOLD
HEARING IN SPRINGFIELD SESSION
Now comes the Receiver, OS Capital Investment, LT.C, and moves that this Honorable
Court allow the Receiver's Motion to Relieve the Receiver of Obligation to Provide Alternative
Housing to Tenants and Receiver's Motion to Amend Rehabilitation Plan be heard on short
notice to the parties and that the hearing be held in the Springfield session. As grounds, the
Receiver has commenced lead abatement work at the property and is currently alternatively
housing the tenants of the property at a hotel and providing the tenants with a food stipend The
tenants and the Receiver have been informed that the hotel will no longer be available after May
7, 2014 due to the hotel blocks and reservations for area college graduations. The Receiver has
been unable to secure longer term housing for the tenants in an apartment in the Northampton
area and the tenants are unable to move out of the Northampton area due to transportation despite
the Receiver locating alternative housing in the Springfield area. The Receiver is also unable to
complete further work at the property until the Motion to Amend Rehabilitation Plan is heard as
the Receiver determined the scope of the project was larger than expected and did not include the
work cited in the Motion to Amend the Rehabilitation Plan.
Further, due to the time constraints of this matter and the availability of the Court, the
matter will require hearing in Springfield which the Plainti IT, the Receiver and Tenant Kevin
Maguire assented to at the last court hearing.
WHEREFORE,the Receiver requests that the instant Motion be allowed and that the
Receiver's Motion to Relieve the Receiver of Obligation to Provide Alternative Housing to
Tenants and Receiver's Motion to Amend Rehabilitation Plan be heard on short order of notice
to the parties and be heard in the Springfield session.
Date: May
HS CAPITAL INVESTMENT, LLC
RECEIVER
2014 By
Katherine Higgins-She�-sq. -BBO#662738
Lyon& Fitzpatrick, LLP
Whitney Place
14 Bobala Road,4'11 Floor
Holyoke, MA 01040
(413)5364000
hoc (413)536-3773
CERTIFICATE OF SERVICE
I hereby certify that I caused a copy of the within document to be served on the following
by first class mail:
Attorney Julie Dates
Special Assistant Attorney General
1350 Main Street,4'" Floor
Springfield,MA 01 103
Patricia Gantes
2589 Santa Anna Avenue,Apt. A
Costa Mesa,CA 92627
Patricia Gantes
32 Old Post Road
Worthington, MA 01089
U.S. Bank,N.A.as Trustee,successor in
interest to Bank of America,N.A., as Trustee
(successor by merger to LaSalle Bank National
Association)as Trustee for Morgan Stanley
Mortgage Loan Trust 2007 1 Xs
60 Livingston Avenue
St. Paul,NLN 55107
U.S. Bank,N.A. as Trustee, successor in
interest to Bank of America,N.A.,as Trustee
(successor by merger to LaSalle Bank National
Association)as Trustee for Morgan Stanley
Mortgage Loan Trust 2007-lXs
c/o Orlans Moran
Attorney Paulo Franzese
411 Waverly Oaks Road, Suite 337
Waltham,MA 02452
Kevin Maguire
Moniquia Hopkins
Andrew Hopkins
227 Bridge Street
Northampton,MA 01060
on this_J day of May, 2014.
atharine Higgins-She
COMMONWEALTH 01?MASSACHUSETTS
WESTERN DIVISION,SS.
ATTORNEY GENERAL for the
COMMONWEALTH OF MASSACHUSETTS,
Plaintiff
v.
PATRICIA GANTES(owner)
US BANK NA(mortgagee),
Defendants
HOUSING COURT
DEPARTMF,NT OF
THE TRIAL COURT
CIVIL ACTION
No.14CV89
Re: Premises:227 bridge Street, Northampton,Massachusetts
RECEIVER'S MOTION TO RELIEVE THE RECEIVER OF OBLIGATION TO
PROVIDE ALTERNATIVE HOUSING TO TENANTS
Now comes the Receiver, JJS Capital Investment, LLC, and moves that this Honorable
Court relieve the Receiver of its obligation to provide alternative housing for the tenants. As
grounds, the Receiver has commenced lead abatement work at the property and is currently
alternatively housing the tenants of the property at a hotel in two rooms and providing the tenants
with a food stipend. The tenants and the Receiver have been informed that the hotel the tenants
are currently in will no longer be available after May 7, 2014, and generally other hotels in the
Northampton area will not be available due to the hotel blocks and reservations for area college
graduations. The Receiver has been unable to secure longer tenn alternative housing for the
tenants in an apartment in the Northampton area and, despite the Receiver locating alternative
housing in Springfield for the tenants, they are unable to move out of the Northampton area due
to transportation.
After commencing the lead abatement work, the Receiver determined the scope of the
lead abatement work is much more extensive than anticipated and the work will take longer to
complete than originally anticipated. As such, the length of time the tenants must be
alternatively housed will be longer and the cost to the receivership to continue to house the
tenants will be more expensive than anticipated.
WHEREFORE,the Receiver requests that the instant Motion be allowed and that the
Receiver's obligation to alternatively house the tenants cease forthwith.
Date: May f ,2014
JJS CAPITAL INVESTMENT, LLC
RECEIVER
By_
Katharine Higgins-Shea,Esq.-BBO#662738
Lyon&Fitzpatrick,LLP
Whitney Place
14 Bobala Road,4111 Floor
Holyoke,MA 01040
(413)5364000
Fax(413) 536-3773
CERTIFICATE OF SERVICE
1 hereby certify that I caused a copy of the within document to be served on the following
by first class mail:
Attomey Julie Datres
Special Assistant Attorney General
1350 Main Street,4th Floor
Springfield,MA 01103
Patricia Gantes
2589 Santa Anna Avenue,Apt.A
Costa Mesa, CA 92627
Patricia Gantes
32 Old Post Road
Worthington,MA 010R9
U.S.Bank,N.A. as Trustee,successor in
interest to Bank of America,N.A.,as Trustee
(successor by merger to LaSalle Bank National
Association)as Trustee for Morgan Stanley
Mortgage Loan Trust 2007-1 Xs
60 Livingston Avenue
St. Paul,MN 55107
U.S. Bank,N.A. as Trustee, successor in
interest to Bank of America,N.A.,as Trustee
(successor by merger to LaSalle Bank National
Association)as Trustee for Morgan Stanley
Mortgage Loan Trust 2007-IXs
c/a Orlans Moran
Attorney Paulo Franzcsc
411 Waverly Oaks Road, Suite 337
Waltham,MA 02452
Kevin Maguire
Moniquia Hopkins
Andrew Hopkins
227 Bridge Street
Northampton,MA 01060
on this / day of May, 2014.
Kai arine Higgins-Shea,
COMMONWEALTH OF MASSACHUSETTS
WESTERN DIVISION,SS.
ATTORNEY GENERAL for the
COMMONWEALTH OF MASSACHUSETTS,
Plaintiff
v.
PATRICIA GANTES (owner)
US BANK NA(mortgagee),
Defendants
HOUSING COURT
DEPARTMENT OF
THE TRIAL COURT
CIVIL ACTION
No. I4CV89
Re: Premises: 227 Bridge Street,Northampton,Massachusetts
RECEIVER'S MOTION TO AMEND REHABILITATION PLAN
Now comes the Receiver, IJS Capital Investment, LLC and moves that this Honorable
Court approve the attached amendment to the Rehabilitation Plan for the receivership property
located at 227 Bridge Street, Northampton, Massachusetts. As grounds for its Motion, the
Receiver stales it has commenced the approved lead abatement work at the property and in the
course of this work, the Receiver has determined that the scope of the work to bring this property
into compliance with the lead law and the State Sanitary Code is larger than anticipated,
including but not limited to the additional lead abatement work and structural work, and as a
result, it will cost more than what was approved in the Receiver's Rehabilitation Plan. The
Receiver has attached an addendum to the Rehabilitation Plan setting forth the additional work to
be completed and the expense of such work as well as rut estimate for necessary extermination
work. The Receiver reserves the right to motion the Court to amend the Rehabilitation Plan
further if additional costs or expenses are identified.
WHEREFORE,the Receiver requests that the instant Motion be allowed and that said
Rehabilitation Plan be approved.
11S CAPITAL INVESTMENT, LLC
RECEIVER
Date: May J .2014 By
Rath. a Higgins-Shea,Esq. - BBO#662738
Lyon&Fitzpatrick,LLP
Whitney Place
14 Bobala Road,4th Floor
Holyoke. MA 01040
(413)536-4000
Fax(413)536-3773
JJS Capital Investment, LLC
Date: 4/21/14
Property: 227 Bridge Street.
Addendum to Receivership Project Plan
Category
Description
Labor
Malarial
Total
Plumbing
Install new gas line to fumace to correct gas leak
detected en April 18, and red tagged by Baystate Gas
Company
$725.00
$325.00
$1,150.
De-leading
Additional-De-leading expenses to reinstall 3
exterior door units, 18 interior door jamb and
35 finish window(casing and jambs)framing
due unanticipated/un-orthodox framing of
house with post and beam construction
$13,560
$9,840
$23,400.
Exterior
Remove all garbage,debris,and discarded[terns
Including numerous bulk items discarded by tenants;
Removal of Lees and yard waste
54,000
$
$4,000_
Foundation
Structural
framing
issues
Foundation settling and bowing at left front corner of
main house;rear foundation supporting addition settling
and bowing;water penetration and severe and active ,
termite activity causing damage to floor member
framing for entire lower level and rear of house
$22,500
E0,000
$32,500
Basement/
Lowe-unit
Replace/sister all necessary floor joists;remove termite
damages beams and joist; install proper footing and
support columns to Code; reinstall basement ceilings
$12,000
$5,000.
517,000
Exterrrdnation•
Professionally extermination(PENDING ESTIMATE)
and treat as needed
See estimate from termite contractor
i4g0
Io s
April 28, 2014
Saw Construction, LLC
Attn: Darrell Williams
ejt tt4niMtl $p&4M .Sii,cc 7890
RE: Termites and powder post beetle treatments at 227 Bridge St. in Northampton.
Thank you for your consideration of Braman. We provide pest elimination for a wide variety of facilities in
the hospitality industry, industrial complexes, hospitals, chronic care, assisted living, apartments, condominiums
and residential accounts. Braman prides itself on providing quality service to all our clients since 1890. We are a
family run business fn its third generation. Two entomologists and one biologist on staff ensure proper training
and quality standards. By taking personal pride in our work, we offer workmanship done with precision and
thoroughness
Braman inspected the dwelling at 227 Bridge St. on Wednesday April 23, 2014 for wood destroying insects. It
was determined that both termite and powder post beetle activity and damage was present. It is highly
recommended that wood members such as flooring and be repaired in a manner that it is not in contact with soil.
Wood on grade is always at high risk of termite attack. There are areas in the lower level where the ceiling
should be removed so that there is access to the now covered beams. This is the only way to properly treat for
the powder post beetles.
Termite Elimination
• Braman can install the Sentricon Termite Colony Elimination System at 227 Bridge St.
• The fee for this system installation and two years of service and warranty will be $1885.00.
Powder Post Beetle Treatment
• Braman can also treat the basement and other exposed beams in the house that have powder post beetle
damage for a fee of$3200. 00. Braman will mix and apply BoraCare to these areas.
• Braman will warranty the structure against powder post beetle infestation and attack for a period of one
year.
Thank you for your time and consideration in this matter. I look forward to eaming your business and
providing a pest-free environment for you, your owners and your clients. Please call me if I can address any
questions or concems.
Sincerely,
SHAWN J BRADLEY
Shawn J. Bradley
Sales Manager
MA Commercial Certificate 22310
CT Supervisory Certificate S-3399
CT Business License B-0115
Cell: (860) 964-0436
CERTIFICATE OF SERVICE
I hereby certify that I caused a copy of the within document to be served on the folio
by first class mail:
Attorney Julie Datres
Special Assistant Attorney General
1350 Main Street, 4t Floor
Springfield, MA 01103
Patricia°antes
2589 Santa Anna Avenue,Apt. A
Costa Mesa,CA 92627
Patricia Games
32 Old Post Road
Worthington, MA 01089
U.S. Bank,N.A. as Trustee,successor in
interest to Bank of America,N.A.,as Trustee
(successor by merger to LaSalle Bank National
Association)as Trustee for Morgan Stanley
Mortgage Loan Trust 2007-lXs
60 Livingston Avenue
St.Paul,MN 55107
U.S. Bank,N.A. as Trustee,successor in
interest to Bank of America,N.A., as Trustee
(successor by merger to LaSalle Bank National
Association)as Trustee for Morgan Stanley
Mortgage Loan Trust 2007-1 Xs
c/o Orlans Moran
Attorney Paulo Franzesc
411 Waverly Oaks Road, Suite 337
Waltham, MA 02452
Kevin Maguire
Moniquia Hopkins
Andrew Hopkins
227 Bridge Street
Northampton,MA 01060
g
on this / day of May,2014.
MARTHA COAKLEY
ATTORNEY GENERAL
www.Rass.guvtago
0
THE COMMONWEALTH OF MASSACHUSETTS
OFFICE OF THE ATTORNEY GENERAL
WESTERN MASSACHUSETTS DIVISION
1350 MAIN STREET
SPRINGFIELD, MASSACHUSaFIS 01103-1629
TEL: (413)784-1240
FAX: (413)784-1244
February 6,2014
Western Housing Court
37 Elm Street, P.O. Box 559
Springfield, MA 01102-0559
Re: Attorney General for the Commonwealth of Massachusetts v. Patricia Gantes
and US Bank,NA.
Dear Sir or Madam:
Enclosed for filing and docketing in the above-referenced matter,please find the
following documents:
• Petitioner's Motion to Appoint Special Process Server;
• Petition to Enforce the State Sanitary Code and for Appointment of a Receiver;
o Affidavit of Julie Datres;
o Affidavit of Edmund Smith;
o Affidavit of Patti Glenn;
• Request for Waiver of Filing Fees; and
• Proposed Order on the Petition to Enforce the State Sanitary Code and for
Appointment of a Receiver.
Kindly schedule a hearing for this matter for 9:00 a.m. on February, 24,2014(or at a date
and time thereafter that is acceptable to the court)at the Western Division Housing Court,
Northampton Session located at 15 Gothic Street,Northampton,MA 01060.
Thank you for your prompt attention to this matter.
Very truly yours,
Special Assistant Attorney General
413-523-7703
Hampshire, ss.
COMMONWEALTH 01' MASSACHUSETTS
WESTERN DIVISION HOUSING COURT
Civil Action.No. t4 CV
ATTORNEY GENERAL for the
COMMONWEALTH OF MASSACHUSETTS
Petitioner,
v.
PATRICIA GANTES, as owner of the property
located at 227 Bridge Street,Northampton,
Massachusetts,and US BANK,NAL, as mortgagee
and party with an interest in the property,
Res.endents.
MOTION UNDER MASS. R CIV.P 4(0 TO APPOINT SPECIAL PROCESS SERVER
In accordance with Mass.R.Civ. P. 4(c), Petitioner,Attorney General for the
Commonwealth of Massachusetts, requests that the Court appoint Kevin McCarthy, Director of the
Investigations Division of the Office of The Attorney General,or his designee,as process server in
the above-captioned action, for the purpose of serving court orders and papers in this action upon the
Respondent, US Bank,NA, a foreign corporation which is deemed to have appointed the
Secretary of State as its registered agent for service of process within the Commonwealth
pursuant to G.L. c. 156D, § 15.10(b), as such personal service is appropriate under Mass. R.Civ.
P. 4(d)(1 and 2)
Kevin McCarthy or his designee is a qualified person over the age of eighteen and is not
As Trustee,Successor in Interest to Bank of America,NA,as Trustee(Successor by Merger to LaSalle Bank,NA)
as Trustee for Morgan Stanley Mortgage Loan Trust 2007-IXS
a party to this action. As grounds for this motion,the Commonwealth states that the need for
immediate service warrants the appointment.
WHEREFORE,Petitioners request this court allow alternative service of process.
Respectfully submitted,
MARTHA COAKLEY
ATTORNEY GENERAL
By her Attomey
Su 'e Datres, BBO#681920
Special Assistant Attorney General
1350 Main Street,4th Floor
Springfield,MA 01103
413-523-7703
Dated February G 2014
227 Bridge Street,Northampton 4 (c)Motion
Page 2
Hampshire, ss.
COMMONWEALTH OF MASSACHUSETTS
WESTERN DIVISION HOUSING COURT
Civil Action.No. 14 CV
ATTORNEY GENERAL for the
COMMONWEALTH OF MASSACHUSETTS
Petitioner,
v.
PATRICIA GANTES, as owner of the property
located at 227 Bridge Street,Northampton,
Massachusetts,and US BANK,NA',as mortgagee
and party with an interest in the property,
Res.ondents
PETITION TO ENFORCE THE STATE SANITARY CODE AND
FOR APPOINTMENT OF A RECEIVER
This is a petition by Martha Coakley, Attorney General for the Commonwealth of
Massachusetts, seeking enforcement of the State Sanitary Code (the "Code"). The Attorney
General asserts that the property owned by Respondent, Patricia Gantes, has numerous long-
standing Code violations that pose a serious risk to the health, safety, and well-being of its
occupants, abutters, trespassers, emergency responders, and residents of the community. The
condition of the property justifies the Court's exercise of its statutory authority and general
equity power to appoint a receiver for the purpose of making repairs that are necessary to protect
the public health and safety and that are in the best interests of its occupants and the property.
JURISDICTION
1. The jurisdiction of this court is founded upon G.L. c. 11 I, § 1271,and the court's equity
jurisdiction is created by G.L. c. 185C, § 3.
2. The petitioner, the Attorney General for the Commonwealth of Massachusetts(the
As Trustee,Successor in Interest to Bank of America,NA,as Trustee(Successor by Merger to LaSalle Bank,NA)
as Trustee for Morgan Stanley Mortgage Loan Trust 2007-1XS
"Commonwealth"), is a public official and the Commonwealth's chief law enforcement officer
under the constitution and laws of the Commonwealth of Massachusetts.
3. The City of Northampton(the"City"), is a municipal corporation under the constitution
and laws of the Commonwealth of Massachusetts.
4. The Respondent,Patricia Gantes("Gantes"),is a natural person with a last known
address of 2589 Santa Anna Avenue, Apartment A, Costa Mesa,California,92627. Gantes is the
record holder of title to the Property.
5. The Respondent,US Bank,NA2,("US Bank")holds a mortgage covered by the Property.
US Bank is a foreign corporation with a principal place of business located at 425 Walnut Street,
Cincinnati,Ohio 45202. Pursuant to G.L.c 223A, §3(e), this Court may exercise personal
jurisdiction over US Bank because US Bank has an interest in real property within the
Commonwealth. Because the Secretary of State's records show that US Bank does not maintain
a registered agent for service of process within the Commonwealth, US Bank is deemed to have
appointed the Secretary of State as its agent for service of process pursuant to G.L. c. 1 56D, §
15.10(6). See Exhibit 1:Affidavit of Julie Datres ("Datres Aff.") at 11114-5.
FACTUAL ALLEGATIONS
6. Respondent Gantes is the owner of record of a two-family residential dwelling located at
227 Bridge Street,Northampton,Massachusetts. See Datres Aff. at 173.
7. The Property has been on the verge of being condemned as unfit for human habitation
since at least August 2013, and has the potential to materially impair the health, safety and well-
being of occupants,neighbors and/or the public. See Exhibit 2: Affidavit of Edmund Smith at¶¶
6-15. ("Smith Aff"). See also 105 CMR 410.150, 105 CMR 410.256, 105 CMR 410.351, 105
r As Trustee,Successor in Interest to Bank of America,NA,as Trustee(Successor by Merger to LaSalle Bank,NA)
as Trustee for Morgan Stanley Mortgage Loan Trust 2007-IXS
227 Bridge Street,Northampton Petition
2
CMR 410.353, 105 CMR 410.354, 105 CMR 410300, 105 CMR 410304, 105 CMR 410.602,
105 CMR 410.750.
8. The City conducted inspections of the interior of the Property on August 21,2013 and
September 4, 2013,citing Gantes for multiple code violations. Id. at¶1 6-7. Gantes abated some
minor issues but made no meaningful efforts to comply with the City's orders. Id. at¶8.
9. Occupants of the Property contacted the City on December 15,2013 stating they had no
heat. Id. at¶9.
10. On December 19,2013 the City had to turn off the water to the dwelling at the street in
order to stop an extreme leak from a burst pipe. Id. at¶ 10.
l 1. Due to Gantes' lack of response to the poor conditions at the Property, the occupants
have sought to avoid having to relocate because of condemnation by remedying the most
extreme of the existing conditions themselves, i.e.,the repair to both the furnace and pipe. Id at
12. The Petitioners conducted ajoint interior inspection of the first floor unit and basement of
the Property on December 23,2013. See Datres Aff.at¶6; Smith Aff. at 1111.
13. The Property has an illegal third unit in the basement. See Smith Aff. at¶ 12. This unit
suffered significant damage to its ceilings and walls due to the burst pipe, in violation of 105
CMR 410.500 and 105 CMR 410.351. Additionally, the basement has water damage from a
leaking hot water heater as well as chronic dampness in violation of 105 CMR 410.351. There is
also an accumulation of mold as a result, in violation of 105 CMR 410. 602(B). Id.
14. The basement of the Property also has asbestos pipe coverings in friable condition in
violation of 105 CMR 410.353 and 410.500. Id. at¶7.
227 Bridge Street,Northampton Petition
3
15. The Property's legal first and second floor units also are in need of significant
remediation to their bathrooms, kitchens,smoke and carbon monoxide detectors,among other
issues, in violation of 105 CMR 410.100, 105 CMR 410.150,410.482, 105 CMR 410.500. See
Smith Aff. at¶¶ 6-8.
16. The Property has potential issues with its electrical systems and also with possible cross-
metering in violation of 105 CMR 410.354. Id.
17. The land surrounding the property has an accumulation of rubbish from the second floor
tenant who has recently vacated the Property and left it there,in violation of 105 CMR 410.602
(A). Id. at 13.
18. The Property's present condition has created a significant risk of harm to the occupants'
and public's health and safety,including without limitation:the Property's neighbors,trespassers
and any unauthorized occupants who may use this property for shelter or to engage in any illegal
activities, and to emergency personnel who may respond to any call to service at this Property.
As such,it constitutes a public nuisance which, left unabated,justifies civil enforcement at
common law,in addition to remedies otherwise provided by statute.
19. On December 26, 2013, the Commonwealth sent letters via certified and first class mail
to the Respondent Gantes informing her of the Property's deteriorated condition and the Office's
intent to pursue receivership. See Datres Aff. at¶ 8.
20. Although Petitioner has had contact from Gantes and her attorney, she has represented
that she is unable to remediate the Property. Id. at¶¶9-10.
21. On December 26, 2013, the Commonwealth sent letters via certified and first class mail
to the Respondent US Bank informing it of the Property's deteriorated condition and the Office's
intent to pursue receivership. Id. at¶ 11. As of this writing, there has been no contact between
227 Bridge Street,Northampton Petition
4
US Bank and Petitioner. Id. at'1112.
22. In order to detennine the scope and cost of the work required to restore the Property to
compliance with all applicable codes, any potential receiver must be permitted to access the
Property's interior and exterior for the purpose of conducting a full inspection. See Exhibit 3,
Affidavit of Patti Glenn("Glenn Alt") at 116.
RELIEF REQUESTED
23. Schedule a hearing for the appointment of a receiver for the 227 Bridge Street Property;
24. Appoint a receiver for the Property pursuant to the Court's general equitable powers and
G.1.. c. III, § 1271;
25. Approve a plan, made by the appointed receiver, for the maintenance and repairs of the
Property;
26. Order that the receiver secure,repair,and bring into conformity with the State Sanitary
Code and other applicable codes and ordinances the Property, pursuant to the plan approved by
the Court;
27. Grant such additional relief as the Court deems just and proper.
Respectfully submitted,
MARTHA COAKLEY
ATTORNEY GENERAL
By her Attorney
Dates. BBO # 681920
Sp-1 ial Assistant Attorney General
1350 Main Street.4th Floor
Springfield, MA 01103
413-523-7703
Dated February� , 2014
227 Bridge Street,Northampton Petition
5
Hampshire, ss.
COMMONWEALTH OF MASSACHUSETTS
WESTERN DIVISION HOUSING COURT
Civil Action. No. 14 CV
ATTORNEY GENERAL for the
COMMONWEALTH OF MASSACHUSETTS
Petitioner,
PATRICIA GANTES,as owner of the property
located at 227 Bridge Street,Northampton,
Massachusetts,and US BANK,NA', as mortgagee
and party with an interest in the property,
Res.ondents.
AFFIDAVIT OF JULIE DATRES
JULIE DATRES for her affidavit under oath, states:
1. 1 am a Special Assistant Attorney General and have been assigned by the Attorney
General to represent the Commonwealth in this matter. As such, [ am fully familiar with
the facts that are recited in this affidavit.
2. On or about December 16, 2013, I conducted a search of the Hampshire County Registry
of Deeds to confirm the owners and identify any outstanding lien holders for the property
located at 227 Bridge Street,Northampton,Massachusetts(the"Property").
3. My search revealed that on July 7,2006 the Property was conveyed from Susan Kasa and
Kazimierez Kasa to Patricia Gantes via Warranty Deed. This deed was recorded in the
Registry on July 7, 2006 in Book 8786, Page 23.
1 As Trustee.Successor in Interest to Bank of America,NA,as Trustee(Successor by Merger to LaSalle Bank,NA)
as Trustee for Morgan Stanley Mortgage Loan Trust 2007-I XS
4. The Property was conveyed subject to a first mortgage with the First Bank of Arizona.
This mortgage has two recorded assignments and is currently held by Respondent US
Bank,NA2 ("US Bank"). This assignment was recorded in the Registry on May 25,2012
at Book 10917,Page 243. US Bank is also listed as claiming an interest in the Property
on the SCRA Order of Notice that was issued to Gantes dated December 4, 2012. This
notice is recorded at Book 11166, Page 111.
5. According to the Secretary of the Commonwealth's records,US Bank does not maintain
a registered agent within the Commonwealth. Additional research of the online records
of the FDIC revealed that it maintains a principal place of business at 425 Walnut Street,
Cincinnati, OH 45202.
6. On December 23,2013,the Office of the Attorney General and the City of Northampton
visited the first floor apartment at the Property and the basement. We observed the most
pressing poor conditions in the apartment's bathroom and kitchen. In the basement we
viewed the illegal apartment which had a partially collapsed ceiling due to the burst pipe,
as well as numerous poor conditions,deteriorating systems and questionable wiring.
Attached here as Exhibit A are photographs of the Property accurately depicting its
condition on that date. See Ex. A.
7. During the December 23,2013 visit,the City of Northampton provided the Office of the
Attorney General with the last known address of Respondent,Patricia Gantes.
8. On December 26, 2013,the Office of the Attorney General sent letters via both first class
and certified,return receipt requested, mail to Patricia Gantes describing the Property's
'As Trustee,Successor in Interest to Bank of America,NA,as Trustee(Successor by Merger to LaSalle Bank,NA)
as Trustee for Morgan Stanley Mortgage Loan Trust 2007-IXS
Julie Datres Affidavit 2
conditions and the intent of The Office of the Attomey General to commence an action to
remedy the violations of the State Sanitary Code existing at the Property. See Exhibit B.
9. On January 8, 2014, in response to the December 26,2013 letter, I received an email
from Patricia Gantes requesting that I contact her to discuss the situation. Upon calling
Ms. Gantes,I learned that she was represented by an attorney and advised her that I
would need to discuss the matter with her attorney.
10. On January 9, 2014 I spoke with Gantes' attorney, Alan Verson. He informed me that he
had filed a Chapter 13 bankruptcy for Gantes that was recently dismissed. He stated that
Gantes did not have the means to remedy the conditions existing at the Property. I
advised Attorney Verson of my Office's intention of proceeding with petitioning the
court to appoint a receiver.
11. On December 26,2013,the Office of the Attorney General sent letters via both first class
and certified,return receipt requested.mail to US Bank,NA,describing the Property's
conditions and the intent of the Office of the Attorney General to commence an action to
remedy the violations of the State Sanitary Code existing at the Property. See Exhibit C.
12. On January 6,2014, 1 received the return receipt card from US Bank.
13.As of this writing, I have had no contact from US Bank.
Signed under pains and penalties of perjury this 4 day of February 2014.
Julie Danes Affidavit
tres
1 Assistant Attorney General
Hampshire, ss.
COMMONWEALTH OF MASSACHUSETTS
WESTERN DIVISION HOUSING COURT
Civil Action.No. 14 CV
ATTORNEY GENERAL for the
COMMONWEALTH OF MASSACHUSETTS
Petitioner,
v.
PATRICIA GANTES,as owner of the property
located at 227 Bridge Street,Northampton,
Massachusetts,and US BANK,NA'.as mortgagee
and party with an interest in the property,
Res.ondents.
AFFIDAVIT OF EDMUND SMITH
EDMUND SMITH for his affidavit under oath, states:
1. I am employed by the City of Northampton (the"City")as a Health Inspector,a position I
have held since March of 2011. In this capacity I am authorized and mandated by the
Northampton Board of Health to inspect and enforce ordinances,rules,and regulations
required under the Massachusetts State Sanitary Code,and the regulations promulgated
thereunder, 105 CMR 410.00(the"Code").
2. I am personally familiar with the history of the conditions at the residential property located
at 227 Bridge Street(the"Property"). which is the subject of the receivership petition by the
Attorney General in the above-captioned matter,as set forth in this affidavit.
3. The Property is a multi- family residential dwelling left unattended by its owner.
4. Violations of the State Sanitary Code(the"Code")have existed at the Property since at Least
2009. See Exhibit AA, copies of City notices and orders.
As Trustee,Successor in Interest to Bank of America,NA,as Trustee(Successor by Merger to LaSalle Bank,NA)
as Trustee for Morgan Stanley Mortgage Loan Trust 2007-IXS
5. In 2010, a clandestine drug laboratory was discovered in the attic. See Exhibit BB,Copies of
City notices and corrective orders.
6. On or about August 21, 2013,I conducted an inspection of the first floor unit of the Property.
As a result,the City issued a corrective order to Respondent for 24 Code violations. See
Exhibit CC,August 21, 2013 Order.
7. On or about September 4, 2013, 1 conducted an inspection of the second floor unit of the
Property and the basement. As a result,the City issued a corrective order to Respondent for
17 Code violations. Additionally,the DEP confirmed the presence of friable asbestos pipe
coverings in the basement and directed the tenants not to disturb the asbestos. See Exhibit
DD, September 4,2013 Order.
8. The Respondent made minor repairs to address the corrective orders,but not all of the Code
violations were abated. Additionally, some of the repairs involved shoddy workmanship that
did not remedy the violations.
9. On December 12, 2013, I received an e-mail from the first floor tenants stating that their unit
had no heat. The tenants informed me when they contacted the Respondent about the
situation, the Respondent informed them that she"gave the house back to the bank." The
tenants used space heaters until the furnace was repaired and paid for the repairs to the
furnace themselves. See Exhibit EE e-mail correspondence.
10. On December 19,2013 due to a burst pipe and excessive water leaking,the water to the
entire Property had to be shut off at the street. The pipe likely burst as a result of the
basement tenant vacating and the pipe freezing due to extreme cold. Again,the first floor
tenants paid to repair the pipe as the Respondent was unresponsive.
11. On December 23,2013 the City and the Attorney General's Office visited the first floor
apartment at the Property and the basement. We observed the most pressing poor conditions
Smith Affidavit
2
in the apartment's bathroom and kitchen. In the basement we viewed the illegal apartment
which had a partially collapsed ceiling due to the burst pipe, as well as numerous poor
conditions,deteriorating systems and questionable wiring.
12. The Property currently has two legal units and an illegal third basement unit. Occupants of
the basement and second floor units have vacated. As of this signing,the first floor unit is
occupied by four(4)adults and an infant On January 24,2014,these tenants expressed their
plans to vacate. See Exhibit EE email from tenant.
13. On January 29,2014 I visited the Property again. There were a significant number of trash
bags left by the previous second floor tenant. Again, in order to avoid a condemnation order,
the first floor tenants stated that they would pay for the removal of the rubbish.
14.The City and the State have additional concerns regarding the infant's health and safety.
Remediation of the Property should include hiring a licensed lead paint inspector to test the
Property.
15. I have been monitoring this Property and as of this date of signing, 1 have found no
additional work in progress. Unless action is taken immediately,the conditions will continue
unabated,and the occupants and public will continue to face risks to their safety.
Signed under pains and penalties of perjury this a of February 2014.
` dmund31
Health Inspector
Northampton Health Department
Smith Affidavit
COMMON
Hampshire, ss.
ALTH OF MASSACHUSETTS
WESTERN DIVISION HOUSING COURT
Civil Action.No. 14 CV
ATTORNEY GENERAL for the
COMMONWEALTH OF MASSACHUSETTS
Petitioner,
v.
PATRICIA GANTES,as owner of the property
located at 227 Bridge Street,Northampton,
Massachusetts,and US BANK,NA',as mortgagee
and party with an interest in the property,
Res,ondents.
AFFIDAVIT OF PATTI GLENN
Patti Glenn for her affidavit under oath states:
1. I am currently employed as Manager of JJS Capital Investment, LLC. I have held that
position since February of 2009.
2. I am a member of the Massachusetts Bar in good standing. I also am certified for
moderate risk lead paint abatement. Additionally, I am a licensed real estate broker.
3. For twelve(12) years I have been involved in the real estate and construction industry in
the state of Massachusetts. My activity in this field has included extensive construction
and real estate activity in Hampden County,including the buying, rehabilitation and sale
of distressed property. 1 am also experienced in property management and have managed
a portfolio with as many as forty-nine (49)rental units.
As Trustee,Successor in Interest to Bank of Aruerica,NA,as Trustee(Successor by Merger to LaSalle Bank,NA)
as Trustee for Morgan Stanley Mortgage Loan Trust 2007-I XS
4. I have served as a receiver for the City of Springfield for approximately two (2) years. I
have been and am currently involved in returning multiple properties to Code compliance
and productive use and occupancy.
5. I last visited 227 Bridge Street(the"Property")in January 2014. Based upon my
observations of the exterior of the Property,the information I have received from the
Attorney General's Office and my prior experiences with other distressed properties, it is
my expectation that I will be able to complete the repairs necessary to bring the Property
up to Code.
6. However, in order to determine the economic feasibility of this project,I must have
access to the interior of the building with Court approval to conduct a full inspection and
assessment. It would be my intention to do this and report back to the Court with a
recommendation and proposed budget within two weeks of my inspection.
Signed under the pains and penalties of perjury this Ce4jd`ay of February 2014.
,'Iccb
Patti G. Glenn t ij.
Manager,JJS Capital Investment
Springfield
Hampshire. ss.
COMMONWEALTH OF MASSACHUSETTS
WESTERN DIVISION HOUSING COURT
Civil Action. No. 14 CV
ATTORNEY GENERAL for the
COMMONWEALTH OF MASSACHUSETTS
Petitioner,
v
PATRICIA GANTES, as owner of the property
located at 227 Bridge Street,Northampton,
Massachusetts, and US BANK,NAB, as mortgagee
and party with an interest in the property,
Res.ondents.
REQUEST FOR WAIVER OF FILING FEES ON PETITION TO ENFORCE THE
STATE SANITARY CODE AND FOR APPOINTMENT OF A RECEIVER
Now comes Martha Coakley, Attorney General for the Commonwealth of Massachusetts
and hereby respectfully requests this Court waive all filing fees on its petition to appoint a
receiver for the Property known as 227 Bridge Street, Northampton, Massachusetts on grounds
that the Attorney General is appearing in her official capacity on the Commonwealth's behalf
and not as a private party and is therefore exempt from paying a filing fee under G.L. c. 262, §2.
Respectfully submitted,
MARTHA COAKLEY
ATTORNEY GENERAL
By her Attorney
Dated if (o , 2014
O #681920
S., cial Assistant Attorney General
1350 Main Street, 4`h Floor
Springfield,MA 01103
413-523-7703
As Trustee,Successor in Interest to Bank of America,NA,as Trustee(Successor by Merger to LaSalle Bank,NA)
as Trustee for Morgan Stanley Mortgage Loan Trust 2007-IXS
Hampshire,ss.
COMMONWEALTH OF MASSACHUSETTS
WESTERN DIVISION HOUSING COURT
Civil Action. No. 14 CV
ATTORNEY GENERAL for the
COMMONWEALTH OF MASSACHUSETTS
Petitioner,
v
PATRICIA GANTES,as owner of the property
located at 227 Bridge Street,Northampton,
Massachusetts,and US BANK,NA', as mortgagee
and party with an interest in the property,
Res.ondents.
PROPOSED ORDER FOR APPOINTMENT OF RECEIVER UNDER G.L. c. 111,41271
It appearing that violations of the sanitary code in property located at 227 Bridge Street,
Northampton MA 01060 owned by Patricia Gantes who has granted a mortgage secured by the
property to US Bank NA,will not be promptly remedied unless a receiver is appointed,and that
such appointment is in the best interest of the property and general public, the application under
G. L. c.l 11, §1271 for the appointment of Patti Glenn ofJJS Capital Investment, LLC as receiver
is allowed.
The Receiver shall file with the Court for its approval a proposed budget and scope of
work by weeks of its appointment,which is , 2014.
This case shall be further heard at the Northampton session of the Western Division
Housing Court, located at 15 Gothic Street, Northampton, Massachusetts on
,2014 at a.m/p.m.
The owner shall forthwith file a list of all mortgagees and lienors, whether or not of
record. and all other persons having any financial interest in the property.
The plaintiff shall forthwith serve by certified mail copies of this order and of the
complaint,motion,and other papers which support it, upon all mortgagees and lienors and others
known or believed to have a financial interest in the property.
The receiver shall promptly repair the property and maintain it in a safe and healthful
condition. The receiver shall have full power to borrow funds and grant security interests or
As Trustee,Successor in Interest to Bank of America,NA,as Trustee(Successor by Merger to LaSalle Bank,NA)
as Trustee for Morgan Stanley.Mortgage Loan Trust 2007-1 XS
liens on the affected property,to make such contracts as the receiver may deem necessary. The
receiver is authorized and directed to collect all rents and to apply the rents to payment of any
repairs necessary to bring the property into compliance with the sanitary code and to necessary
expenses of operation,maintenance,and management of the property, including insurance
expenses and reasonable fees of the receiver,then to payment of unpaid taxes, assessments,
penalties or interest, and then to any payments due mortgagees and lienors of record
The receiver shall have a lien,effective when recorded in the registry for the county in
which the property is located,with priority over all other liens or mortgages except municipal
liens,to secure payment of any costs incurred and repayment of any loans for repair,operation,
maintenance or management of the property.The receivers lien may be assigned to lenders for
the purpose of securing loans for repair,operation,maintenance or management of the property.
The receiver shall not be required to furnish bond or surety,but shall provide proof of
suitable liability insurance to be approved by the court. Liability of the receiver shall be limited
to the assets and income of the receivership,including proceeds of insurance purchased by the
receiver in capacity as receiver. The receiver shall in no instance be personally liable for actions
or inactions within the scope of the receivers capacity as receiver.No suit shall be brought
against the receiver except as approved by the court which appointed the receiver.
The receiver shall serve and file with the court and with all parties of record, on a
bimonthly basis, an accounting of all funds received by and owed to the receiver, and all funds
disbursed.
Nothing in this order shall relieve the owner of the property of any civil or criminal
liability or any duty imposed by reason of acts or omissions of the owner,nor shall this
appointment suspend any obligation the owner or any other person may have for payment of
taxes,of any operating or maintenance expense, or of mortgages or liens, or for repair of the
premises.
So entered on this , 2014
Page 2
Hon.
Justice-Western Division Housing Court
Proposed Order: 227 Bridge Street,Northampton
BOARD OF HEALTH
MEMBERS
DONNA C.SALLOOAI,GtWR
SIRANNE SMITH,M.D.
JOANNE LEVIN,M.D.
Benjamin Wocd,MPH,Director
Patricia Abbott,RN,Public Health Nurse
DaNN Waaluk,Health inspector
Edmund Smith,Health Inspector
Heather MCBdde,Okra
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
(413)587-1214
FAX(413)587-1221
212 MAIN STREET
NORTHAMPTON,MA 01080
Notice of Compliance
Date:July26,2011
To:Whom it may concern
From:Ben Wood MPH
Re:227 Bridge Street
On October 11'a,2010 the Northampton Health Department was notified by the Northampton Fire
Department and Federal Drug Enforcement Agency that a clandestine drug laboratory was found to be
present in the attic of 227 Bridge Street,Northampton.The Health Department had concerns about
residual contamination from the drug manufacturing process and ordered the property owner(Patricia
Gantz)to thoroughly clean the apartment prior to it being re-occupied After further consideration,the
Northampton Health Department has made a determination that there likely was only a very small risk
of residual contamination in the attic(where the chemicals were found)and likely no risk in the
second floor living space.This determination coupled with the property owners'actions of thoroughly
cleaning the attic and second floor living space is sufficient to close this case with no conceals for
future inhabitants of this property.This notice does not declare that the property is in full compliance
with 105 CMR 410.00(Chapter 11 of the State Sanitary Code),simply that the Northampton Health
Department does not believe there is ongoing risk from the clandestine drug laboratory found to be
present in October of 2010.
Ben Wood,MPH
Director,Northampton Health Department
/'t„tat, CZZGi" e-e to /Jc..?.iGlo t jK�c/rd
BOARS OF HEALTH 1
CITY HALL ,
COMPLAINT RECORD
Date: //!Z%-f
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Location:
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Taken by:
(Date of Inspection:
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INSPECTOR'S REPORT:
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Action Taken: DrSJ*' MOO4.ris — SB6
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nspector Signature
November 18, 2009
- Pati a-Gant;•-. .__. ._ ._
227 Bridge Street
Northampton Ma 01050
Re: 227 Bridge Street, lower unit
Dear Ms.Gantt,
In accordance with, MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000:
State Sanitary Code Chapter 11:Minimum Standards for Human Habitation. An
Inspection was conducted by Aimee Petrosky at 227 Bridge Street Northampton Ma. a
property owned by you, nn November 17, 2004.
The Following Violations were noted:
Code Number Violation Date of Correction Comments
410.255 3 Bedrooms, December 7, 2009 Please have
bathroom and Certified
kitchen all on same electrician check
circuit breaker.. electrical panels
for safety and
Provide BOH with
electrical report.
410.354 Circuit that controls December 7, 2009 Please have
rooms mentioned Certified
above is in breaker electrician check
box labeled as accuracy of what
`Owner Box'and box is for what .
not lower unit" box unit.Provide BOH
with electrical
report
410351 Kitchen sink leaks December 7, 2009
into bucket
410.503 Basement stairs December 7, 2009
h Via e no Handrail.
410.351 1)Kitchen Counter December 7, 2009
is rotting and pulling
away.
2)Kitchen cabinet
under sinks is
The Northampton Board of Health is acting under the authority of
MASSACHUSEI IS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code
Chapter 11: 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. A re-inspection will take place on or around
December 7, 2009. If you would like to be present please contact the Health
Department to schedule a time.
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_sl"iall 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
Aimee Petrosky
Health Inspector
212 Main St
rotting. ..
- . . -.
410.190
Water Temp in
Kitchen sink 95.4,
Bathroom sink 94.8
Degrees Fahrenheit
11 2 3/2 0 0 9
410252
Unable to determine
if there Is
appropriate
separation of two
hot water heaters.
In addition there are
three units but only
tvuoabaery2'bl€hot
water heaters.
December 7, 2009
Referred to
Plumbing
Inspector.
The Northampton Board of Health is acting under the authority of
MASSACHUSEI IS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code
Chapter 11: 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. A re-inspection will take place on or around
December 7, 2009. If you would like to be present please contact the Health
Department to schedule a time.
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_sl"iall 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
Aimee Petrosky
Health Inspector
212 Main St
Aimee Petrosky
From: Roxy Gantes(roxygantes @me.cwn]
Sent Monday,November 30,2009 8.48 PM
To: Roxy Gantes
Cc: Aimee Petrosky; Ben Wood;karhathaway@comcast.net
Subject Re: 227.Bridge Street GANTES/HATHAWAY
11/29/09
Dear Mr. Hathaway, Mr. Wood & Ms. Petrosky:
Just to let you all know we have a registered Plumber for
(Code 410.503) coming out tomorrow at 1 pm. I emailed and called Mr.
Hathaway earlier today to give him proper notice. I am confident the plumbing
problem will be resolved tomorrow and I will let you all know the results.
I am requesting an extension on the (Code 410.503) counter and cabinet replacement due
to costs and availability of professional to install.
Can I have an extension, please?
As far as the statement that I gave Karl Hathaway 30-day-notice as retaliation to his
contacting the Health Department, Mr. Hathaway did give his verbal notice prior, my post
written notice was an attempt to get a date so I fill my units and pay my mortgage. I
believe after today, through mediation and a phone call with Mr. Hathaway that we are
working on a solution that both parties are happy with. Looks like he is trying to move by
the 1st of January and my hope is we continue to communicate our needs to each other
and resolve them together without a third party.
The Below are the codes in question and how they either have been resolved or what
actions are in place to correct them.
Codes '410.255, 410354
Electrical Issues: Registered Electrician, Roger Milo will be inspecting the
codes in question,Thursday, December 3, 2009 at 8 am. Code ' 410.351
Code 410.503
Kitchen sink leak has been corrected on 11128109.
Code 410.503
Basement Rail has been corrected 11/28/09.
Code 410.352
There is an incorrect statement on the report dated 11/17/09. I have three
water heaters not two. All of the water heaters are appropriately separated
per purchase inspection.
I am officially asking for an extension on the above items (Code 410.503), if this email is
not the proper way to request an extension, can you please inform me what 1 need to do
to get an extension?
Sincerely,
Patricia "Boxy" Gantes