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1280 Complaints cl COL, COPY Date: 7 -//qz I Time: 9:9 S gni I Map: aS 'Parcel: Po i Name of Complainant: %✓F,6$, Address: -- Tel: - sew- i^tr t:t : NATURE OF COMPLAINT: (-3rF'/ .- — fr, rrc OtCOQ:�- syGRr96.S- F — ✓iY/S i Location: /2 p -- -c in,,-- ,rei'D Owner: C<r=Fx r 4-'4:2/:2"-- Address: C, f> ., I Tel: Taken by:/„,7 Date of Inspection: 7-// ,_ ITime: ii/6'pp1 INSPECTOR'S REPORT: / in .:77- ',/e /AO it 5 N'L nn;x r 7-17-Oz ireavm,) Or(m7cA'98 FNOicrTACPI# 7-17 9Z Pp,m Photo I k.. u.0 BO P Action Taken: 4 [Xi_; F.- 7 -ii-762)2 Inspector Signature BOARD OF HEALTH MEMBERS (NTHIA DOURMASHKIN,R.N.,Chair RICHARD P.BRUNSWICK,M.D. ROSEMARIE KARPARIS,R.N. PETER J.MCERLAIN,Health Agent (413)587-1214 FAX(413)587-1221 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 210 MAIN STREET 01060 RDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT: I 1280 Burts Pit Road, Florence, MA 01062 DATE: July 11, 2002 ORDER ADDRESSED TO: a COPY COPY OF REPORT TO: Cherri Waslick 1280 Burts Pit Road Florence, MA 01062 This is an important legal document. It may effect your rights You may obtain a translation of this form at: Isto a urn documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradgao deste documento de: Le suivante est un important document legal. II pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: Questo a un documento legate importante. Potrebbe avere effectto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccibn de esta forma en: To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: NORTHAMPTON BOARD OF HEALTH City Hall, 210 Main Street Northampton, MA 01060 Tel#: (413) 587- 1214 The Northampton Board of Health has inspected the premises at 1280 Burts Pit Road, Florence, MA (assessor's map 35 parcel 203 .) for compliance with Chapter II of the State Sanitary Code. This letter will certify that the inspections revealed violations listed below, which are serious enough as to endanger or materially impair the health, safety, and well-being of the occupants. Under authority of Chapter III, Section 127 of the Massachusetts General Laws, and Chapter II of the State Sanitary Code, you are hereby ordered to make a good faith effort to correct the following violations within TWENTY-FOUR HOURS of the receipt of this order. ;ULATION VIOLATION REMEDY .600— Large accumulation of assorted This current situation constitutes a .602 discarded junk and mixed refuse on source of filth and a litter and health ground outside the garage. Items hazard. Immediately take action to include, but are not limited to: cleanup and properly dispose of all mattress, bedspring, bed rails, chairs, desk, bicycle parts, pallet, cardboard, paper, plastics, and cans. There are accumulated refuse and debris. The owner is responsible for maintaining his/her parcel of land in a clean and also full refuse receptacles containing mixed garbage, some of which are spilled out onto the driveway. sanitary condition. Inspection of the premises was made on July 11, 2002 at approximately 11:10 a.m. If you have any questions regarding this abatement order contact the Board of Health office Very trulyypzuis, aVid E. Kochan Sanitary Inspector Northampton Board of Health This inspection report is signed and certified under the pains and penalties of perjury. CERTIFIED MAIL# 7001 2510 0004 8173 5389 1280 Burls Pit Kd`Junk&R0fuse02JPG 1280 Burls Pit Rd-Junk& Refuse03.JPG 1280 Burts Pit Rd-Junk&Refuse04.JPG BOARD OIL IIEACIII CITY HALL COMPLAINT-RECORD Dote: 4 S ob Tlme: : p.PI . IMop Name Complalnent: D;dn,.+ pear e. n Address: NATURE OF COMPLAINT: 11E 51) inn o.bovc round pool +hot u. ncvu._. COV raid has b...,n.- 1St— o`- 4yJaout-' . A+ a- C±tnac+ina o. 16.-n y. a/moutiia o- but*. -5 ha- hau.+ pamdc.11ildna,M1, and_ WJ oancwniaL ToI:331.-45IIa Location Ow;e IAdcdress 12-60 Burks + Ad Taken by GatiOZ bate o nspeol m:. t /, z ?Tact' ezot-Aat, se- L Tel: INSPECTOR'S.REPO•T: Time cnen Taken: Inspector Signature 05/12/06 4:48:20 PM RESIDENTIAL PROPERTY RECORD CARD CITY OF NORTHAMPTON, MASSACHUSETTS EFFECTIVE DATE OF VALUE: JANUARY 1, 1998 • PARCEL ID: 35 -203-001 1280 BURTS PIT RD PLOT: LIVING UNITS: 1 CLASS: R - 101 CARD #: 1 OF 1 CURRENT OWNER/ADDRESS ZONING: SR NEIGHBORHOOD ID: 14.00 FINAL VALUE FLAG: MARKET CARGILL CAROL LAND DATA - ASSESSMENT INFORMATION - 74 ROCKLAND ST TYPE SIZE INFLUENCE FACTORS LAND VALUE PRIOR COST CURRENT NARRAGANSETT RI 02882 LAND 57,700 78,600 78,600 HOME VE SITE 1.000 ###########TOTAL 146,900 122,000 221,700 DEED BOOK: 6757 DEED PAGE: 79 SALES INFORMATION DEED DATE:A 2002082040819 TOTAL ACREAGE: 1.200 TOTAL LAND VALUE: 78,600 UPDATE/COST: DATE TYPE PRICE VALIDITY 20020821 LAND + BLD 172,500 0 LAST UPDATE/COST: 20040819 19890601 LAND + BLD 130,000 0 ADDITION DATA X DATE: Lower Level First Floor Second Floor Third Floor Area DATA COLLECTION INFORMATION FrOH 48 ENTRANCE CODE: ENTRY + SIGN Wddk 72 INFORMATION SOURCE: FrOH DATA COLLECTOR: DATE: DWELLING INFORMATION STYLE: SPLIT/BI-LEV YEAR BUILT: 1979 STORY HEIGHT: 1.00 ATTIC: N NE Basement: P RT TOTAL ROOMS: TOTAL BEDROOMS: FULL BATHS: ADDITIONAL DWELLING INFORMATION Half Baths: BASEMENT GARAGE(#CARS) 1 ADDITIONAL FIXTURES: EXTERIOR WALLS: F AME BRICK TRIM: X UNFINISHED AREA: STONE TRIM: X GROUND FLOOR AREA: 056 12 TOTAL LIVING AREA: 1 32 REMODELING DATA 6 ,,, FINISHED BASEMENT LIVING AR A: X 528 BASEMENT RECREATION AREA: X YEAR REMODELED: MASONARY FIREPLACE STACKS/0 ENINGS: 1 / 1 METAL FIREPLACES: KITCHEN REMOD(Y/N) 44 HEAT/CENTRAL TN SYSTEM: E ECTRIC BATH REMODEL Y/N SIC FUEL TYPE: E ECTRIC QUALITY GRADE: C INTERIOR/EXTERIOR SAME OUTBUILDINGS & YARD ITEMS PERMIT DATA �, rn 29 � TYPE QTY YR SIZE1 SIZE2 GRD COND DATE PURPOSE PRICE RBCI2 1 1990 1 286 C A NOTES: em 24 21 1 rro 14 2 BOARD OF HEALTH MEMBERS ROSEMARIE KARPARIS,R.N.,MPH %ANTH:SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health tichard Meczywcr,R.S.,Sanitary Inspector Patricia Abbott,R.N.,Public Health Nurse August 7, 2006 OFFICE OF THE BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 Tynan Powers 1280 Burs Pit Road Northampton,MA 01060 RE: 1280 Burls Pit Road-High grass and Stagnant Swimming Pool Water Dear Tye: Please be advised that this office has received another complaint regarding the conditions of the exterior of your property located at 1280 Burls Pit Road. Site visits were conducted on August 1, 2006 and on August 7, 2006. On August 1, 2006, I left an orange tag on your door knob with a note about your high grass and your - -- that you need to correct: Descri ution of violationls) Exterior Grounds 1. High grass and weeds. Possible rodent and harborage area. ORDER. Mow on entire yard by August 13 2006 !pars 2. Swimming Pool is not being eing treated properly ORDER. Treat pool water properly with chlorine cirmnediaelylwater is green. You are hereby ordered to correct or eliminate these violations in accordance with M.G.L. CHAPTER 111 SECTIONS 122 TO 125 ABATEMENT OF NUISANCES The conditions, which exist, may permit the occupant of the dwelling or business to exercise one or more statutory remedies. Thank you for your anticipated attention in this matter and it is imperative that you call me soon. Sincer Ernest J. Mathieu, R.S.,M.S., C.H.O. Director of Public Health BOARD OF HEALTH MEMBERS ROSEMARIE KARPARIS,R.N.,MPH XANTHI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health !Ichard Meczywor,R.S.,Sanitary In Patricia Abbott,R.N.,Public Health spec tor 5, 2006 Carol Cargill 74 Rockland Street Narragansett, RI 02882 OFFICE OF THE BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 RE: 1280 Burts Pit Road- Swimming Pool Dear Ms. Cargill; Please be advised that this office has received a complaint regarding the conditions of the exterior of your property located at 1280 Bu rksRoad Please call me at 587-1213 immediately to discuss the complaint with me and to formulate a plan to correct the violations. I would like to attempt to rectify the situation with you through conversation and agreements instead of sending you a letter that would be kept on file here. If I am not available at the time of your call,please leave a daytime, evening, of cell phone number that you can be reached at. If I do not hear from you by May 12 2006 I will have no choice but to proceed with a formal inspection and send you a formal letter of"NOTICE OF VIOLATION WITH CORRECTION ORDERS." Thank you for your anticipated attention in this matter and it is imperative that you call me soon. Sincerely Ernest I Mathieu, R.S.,M.S., C.H.O. Director of Public Health 212 MAIN STREET NORTHAMPTON,MA 01050 (419)557-1214 MX(413)587-1221 Ernie Mathieu From: Sent: To: Subject: Attachments: Ernie Mathieu Thursday, August 17,2006 11:31 AM 'Sue Hague' FW- 1280 Burts Pit Road (High Grass and Stagnet Pool)081406 1280 Burts Pit Rd (High Grass swimming pool)070706.doc From: Ernie Mathieu Sent: Monday, August 14, 2006 2:54 PM To: 'tynanpower @yahoo.com' Subject: 1280 Burts Pit Road (High Grass and Stagnet Pool) 081406 Hello Ty, As a result of Post Office sofI assume complaints ou receivregarding d ttached is also property,coy of t sent you l letter. I was not retuned your by the intension. copy of the letter.Please email me with your Thank You Ernie Mathieu Health Director Page 1 of 1 8/2006 Page 1 of 4 Ernie Mathieu From: Lori Camposeo [Camposeo @yahoo.comj Sent: Thursday, August 17, 2006 9:38 PM To: Ernie Mathieu Subject: Re: FW: FW:1280 Buns Pit Road (High grass and Stagnet pool water)081606 Hi Ernie, We appreciate your going forward with this complaint. Sincerely, Lori Camposeo Ernie Mathieu <emathieu@jrorthamptonmagov>wrote: Well, I guess we will be in court on this one I filed it yesterday. Ernie Original Message From: Tynan Power[mailto:tynanpower @yahoo.com] Sent: Wednesday, August 16, 2006 5:26 PM To: Ernie Mathieu Subject:Re: FW:1280 Burts Pit Road (High grass and Stagnet pool water) 081606 Do what you need to do. I appreciate the position you're in. But obviously you should be able to appreciate the position I'm in as well. If it comes to cut the grass or take care of my grandmother out of state, the grass is not going to get cut. Ty --- Ernie Mathieu wrote: >Hy Ty, >I'm sorry but I will be filing a complaint in >housing court for non- >compliance with my letter to correct the violations >by August 13, 2006. >I understand your situation and I am sympathetic to >it but as you can > see I have two neighbors concerned and writing to me >often. You will >receive a request to appear in court for not 18/2006 Page 2 of 4 > compliance with the orders >in my letter. If you cut the lawn and correct the >pool water situation >before the court date(which should be in about a >week), I will dismiss >the case. I need you to begin to respond quicker to >my orders. Earlier >in the summer you lawn was high and you had it moved > at my request. At >that fine I told you that you had to mow it as need >in the future. You > agreed, but failed to do so. I have been overly >patient( and so have >the neighbors)in the past but I cannot allow >neighbors to be at risk of >disease(west rule virus)or allow the condition of >your property to >effect their quality of life(the pool being a >breeding ground for >mosquitoes and the lawn a possible harborage area > for animals and >vermin). I hope you understand my position as a >Health Official just >doing my job to protect the public. Also, this >properly has consumed >much time since the spring(many calls and letters, >many emails, etc.). >Please help all of us and correct this situation > QUICKLY. Thank you. > Sincerely, >Ernie Mathieu >Health Director > >413-587-1213 > >From: Sue Hague [mailto:lucysue1969 @comcast.net] > Sent: Tuesday, August 15, 2006 9:11 PM > To: Ernie Mathieu > Subject: >I am a neighbor at 1298 Burts Pit Road next to 1280 8/18/2006 Page 3 of 4 >Burts Pit Road. The >pool next door has not had one thing done to it. It > is a mess and I am >afraid of all the mosquitoes it is attracting. I >have five children and >4 grandchildren and I do not want them to be bitten >by something. I have >had a swimming pool for 20 years and many of our >friends have a pool and >I have never seen a pool as bad as this. The person >who owned the pool >before kept it in excellent condition. Her children >would swim in it >everyday. In all the time this person has had the >house they used the >pool for a day a couple of years ago. We were >thrilled thinking great >they will take care of the pool. The very next day >they stopped and it >has been just sitting there. I am allot older than >she is and I cut my >own grass and take care of a pool, grandchildren >etc I also took care >of a mother and aunt who had Alzheimer. There is >absolutely no reason >for what she is doing. I am so unhappy here I told >my husband I want to >move because I am embarrassed by my neighbor. We >have lived here for >almost 30 years and had a few neighbors and I have >never felt like this >before. I am wondering if maybe a meeting between > all parties should >take place?I am sure my neighbor on the otherside >of 1280 would agree. > This women needs to know this our home and she is >destroying it for > allot of people. Please help us. > Susan Hague > )o You Yahoo!? "iced of spam? Yahoo! Mail has the best spam protection around 18/2006 Page 4 of 4 http://mail.yahoo.com Do you Yahoo!? Next-gen email?Have it all with the all-new Yahoo! Mail Beta. 18/2006 Ernie Mathieu From: Ernie Mathieu Sent: Tuesday, August 15,2006 2:03 PM To: 'Tynan Power' Subject: RE: 1280 Burls Pit Road (High Grass and Stagnet Pool)081406 Hi Ty, I received this one. Ernie Original Message From: Tynan Power [mailto:tynanpower @yahoo.cm] Sent: Monday, August 14, 2006 4:00 PM ro: Ernie Mathieu 3ubject: Re: 1280 Burts Pit Road (High Grass and Stagnet Pool) 081406 have tried to email you in response to the original notice, but the email lack to me undeliverable. I also tried to email the address that it says .esolve the undeliverable mail keeps coming problem. And that *also* was returned undeliverable. to 'm trying again. I hope this goes through. have been out of the area almost continuously since early July, dealing with ons*_ruction on my mother's house in Rhode Island and caring for my grandmother who is Lind and frail, and had been living alone in Florida relying on my uncle for support, has been in the hospital and unable to assist her. I am her health-care ily one who would help mother but dead it is falling hmy' Before, they all left it to my mother, and now that and the icily to deal with.g on my shoulders even though I don't live there and I have tmyy own ther am trying to deal with the grass and the pool situation. I am expecting it to be better is week. e pool: I've had Teddy Bear pools come out repeatedly, but there is be done nearly daily on the filter, they said, and they able to be here, Z servicing that needs couldn't do it either. And Y can't do that. Since I haven't Id anyone who *will* do servicing, I'm I told this before I'd am goin unable to get it in shape. The problem isg*not* just repair. I'm eede oh ad wchk and going to try i ended up with a reen andt I need to add chlorine.. Z tin y P pool that was still green and latinghtheichlor. e. tried that filter is getting bogged down and is not circulating problem is that g the chlorine. grass: My lawn mower broke a wheel and I have tried *twice* to get it replaced. The st time I brought in the wheel, to get another one, and was told I needed to bring in make and model of the lawn mower. Then I did that and now do this they are me bring the whole mower in. Again, I haven't been able to d there. Y saying they need as I have no way to get ill have to get someone with a truck to help me with that this week. Ernie Mathieu <emathieu @northamptonma.gov> wrote: 110 Ty, a result of further complaints regarding your mother's property, I It you a letter. I was not retuned by the Post Office so I assume i received it. Attached is also a copy of the letter.Please email me :h your intensions. ink You Page 1 of 10 Ernie Mathieu From: Ernie Mathieu Sent: Thursday, August 10, 2006 8:07 AM To: 'Lori Camposeo' Subject: RE: FW: Swimming Pool Hi Lori, I sent a letter to Tynan Powers(the owner's son who is living there)at that address with orders to mow the lawn and chlorinate the pool by August 12th. Please let me know if it gets done. Thanks! Ernie Mathieu 587-1213 From: Lori Camposeo [mailto:lcamposeo @yahoo.corn] Sent: Sunday, July 30, 2006 7:26 PM To: Ernie Mathieu Subject: Re: FW: Swimming Pool Hi Ernie, Just following up on your message to me about 10 days ago. The pool is still not treated and the lawn unmowed. The water remains a breading ground for insects. There has been no activity around that pool for almost 2 complete summers now. Have they responded to your notice? We'd appreciate a response. Thank you, Loh Camposeo Ernie Mathieu <emathieu@,northamptonmagov>wrote: Good Afternoon Lori: Here is our most recent communication. The pump and filter was supposed to be working by last Friday. I will check on it and get back to you. Ernie Mathieu 587-1213 Original Message From: Tynan Power[mailto:tynanpower @yahoo.com] Sent: Wednesday, June 14, 2006 9:19 AM To: Ernie Mathieu Subject: RE: Swimming Pool /10/2006 Page 2 of 10 --- Ernie Mathieu wrote: >June 14, 2006 >Hi Ty, > > Try Teddy Bear Pools. They are in Chicopee and in >the phone book. They actually aren't in the yellow pages of the phone book I was using, but I got referred to them by someone else. As I said in my email yesterday,I talked to them and they said they can come out to repair the pump,but they had to call me back to schedule. They actually just called so we're scheduled to have the pump fixed and the pool chlorinated on Friday. I use >them for my pool. Also, something must be done >within the next week >because I received two calls within the last two >weeks from your >neighbors and there is a lot of pressure on me to >address this issue to >be corrected. Is it the same neighbors both times? >If the water is still not being treated within one >week I will have to >send your mother a letter with an official "order" >to correct it within >a short period of time and if she does not comply I >will be forced to >file it in housing court. Let's hope it does not get >to that point. I'm >trying to work with you on this as you can see-no > official citation > letters have been sent by me yet. Thanks, I appreciate that there have been no citations written. I am really doing my best to get this resolved. Regarding, writing a letter to my mother. I thought that I explained the situation to you,but maybe I wasn't clear enough. My mother died last summer. She had been sick for a long time, which is why I have had little time or energy(or funds) to devote to improving the house, since I've lived here. I was her /10/2006 Page 3 of 10 only child and she did not have a husband;her ex-husband who would have helped in such a dire circumstance, had Alzheimer's and was in a nursing home for the last several years. He also died in December and I was also responsible for his care and his funeral arrangements, etc. As I said,when we moved in, it looked like the pool hadn't been cleaned or functional in a long time, but we got it cleaned out and then in the winter of 2004/2005, the pump filled with water and froze, breaking it. Last summer, my mother was in the hospital in Rhode Island for a good chunk of the summer. As her only child, I had to be there as much as possible, so I was juggling a fiill-time job, single parenting two kids, and trying to care for my dying mother. Then she died at the end of July and I had to handle her funeral, which took place in Florida,per her request and because she already had her plot paid for down there As a result, I was tied up until the end of the summer dealing with all that. So cleaning the pool was the last thing on my mind. This year this is just the beginning of the pool season, so it was my intent to get someone to come out to clean it in June, which is what I'm doing I had already been trying to find someone to come out and clean it, before you contacted me the first time, but as I said, the numbers listed in the yellow pages for pool servicing and repair actually *don't* come out and do servicing. Right now, my mother's estate is in probate and the house doesn't belong to anyone. I'm dealing with a monster estate to manage (not because there were a lot of fiinds...there's actually very limited fimds...but because my mother left a lot of complicated matters that have to be resolved, in Rhode Island and Florida) which is where the bulk of my time is going. Anyway, as the administrator of her estate, any letter you send her is just going to come back to me. (You can verify this, if you want to...she died on July 25th in Hampshire County at Cooley Dickinson right after I moved her here so I could care for her more easily. Probate has also been filed in Hampshire County court because she owned this house,here. It's running concurrent with probate in Rhode Island, where she lived. So those documents can be found through Hampshire County court records which I believe are public. I can also send you a copy of her death certificate and the assignment of administrator in the /10/2006 Page 4 of 10 probate court, if you want.)I realize that if you do need to file an official complaint, you'll need to file it in her name as the owner.It just won't make any difference in terms of getting this done. Thanks, Ty > Original Message >From: Tynan Power [mailto:tynanpower @yahoo.corn] >Sent: Tuesday, June 13, 2006 5:35 PM >To: Ernie Mathieu > Subject: Re: Swimming Pool >Mr. Mathieu, >No, the pool doesn't have a new pump yet. I've been >trying to find someone to come out to work on it, >but >I hadn't been able to locate anyone. (There aren't >many people listed in the phone book for pool > servicing and the ones that are listed actually > don't >repair pools.)I finally found out that Teddy Bear >Pools in Chicopee will come out to do repairs and >talked to them today, so they are going to call me >back to schedule a time. >Also, the grass was cut and will be again this week. > The unregistered cars are covered. I've made >progress >on everything but the pool. > Ty >>Dear Tynan, » >>Please give me an update on the swimming pool. Is >>the pump set up yet >>and do you have the water treated with chlorine > yet? >>Please give me an update. 110/2006 Page 5 of 10 > > Thank you, >>Ernie Mathieu >>From: Ernie Mathieu >>Sent: Friday, May 26, 2006 8:14 AM » To: >>Cc: Anthony Patillo >> Subject: RE: 1280 Burts Pit Road » >>May 26,2006 » >>Dear Tynan: » >>Thank you for your attention in this matter. >Please >>notify me by email >>as each item gets done so that I can check and >note >>it. » >>Sincerely, » >>Ernest Mathieu >>Board of Health Director >> VI 0/2006 Page 6 of 10 Original Message >>From. Tynan Power [mailto:tynanpower @yahoo.cotn] >>Sent: Thursday,May 25, 2006 2:08 PM >>To: Ernie Mathieu >>Subject: Re: 1280 Burts Pit Road >>Mr. Mathieu, >>No problem. To reiterate my plans about the >>property, for your record: >> 1) The only residents of the house are myself and >my >>two sons. My >>ex-partner lived there with us previously, as >well. >>2) The only trash that has been outside the >property >>has already been >>disposed of. We're not keeping any trash outside >now >>because we are > >dropping things off at the dump--doesn't make > sense >>to keep anything in > >trash barrels we can't transport. > >3) The pool was cleaned and being used (with the >> filter and pump going) > >in the summer of 2004. We did not clean it out ,/10/2006 Page 7 of 10 > last >>summer because of my >>mother's illness and death,but I intend to have >it >>cleaned within the >>next week or so, depending on when I can get > someone >> out to do it. (The >>pump needs to be replaced so I need to get a > service >>person to do >>that.) >>4) The grass will be cut by next week at the > latest. » >> Since its a very large yard, it's going to take >me >>more than one day to >>get it done. >> 5) The car situation will be dealt with as soon as >I >>can. Currently >>several-of-the cars are my responsibility but not >my >>property to sell, >>yet, so I can't dispose of them. However,I will >>cover and store them >>appropriately. >>I think that's everything. Thanks! » >>Tynan Power > >---Ernie Mathieu >>wrote: /10/2006 Page 8 of 10 >>>May 25, 2006 >>> >>> »> >>>Dear Mr. Tynan Power; »> »> >>> >>> Thank You for your telephone call today in >regards >>to the letter I >>> sent your Mother regarding her property at 1280 >>Burts Pit Road. Sony >>>to hear that she pass away last year. I >understand >>that you had to >>>care for her in Rhode Island while she was ill >and >> that you had very >>> little time to tend to the property on Burts Pit >>Road. »> »> »> >>>Please send me in writing your intentions to >>address >>>the issues and >>>concerns that I had with the property that I >>> expressed to you and a >>>timetable that you can reasonably rectify these. /10/2006 Page 9 of 10 >> »> >>> >> >>> >>> Thank you very much for your cooperation, time, »and >> >>>intentions to >>>address these issues. Sony to trouble with this >>but >>>I hope you >>>understand that I am only doing my job. I will >>await > >>hearing from you. »> »> »> >>> Sincerely, »> >>>Ernest Mathieu »> >>>Board of Health Director »> >Do You Yahoo!? >Tired of spam? Yahoo! Mail has the best spam >protection around >http://mail.yahoo.com 3/10/2006 Page 1 of 1 Ernie Mathieu From: Lori Camposeo [Icamposeo@a yahoo.com] Sent: Thursday, June 15, 2006 7:30 PM To: Ernie Mathieu Subject: 1280 Burts Pit Road Hi, Thank you for taking the time to speak to me regarding the property located at 1280 Burts Pit Road. IWe would appreciate your keeping us informed as to the status of concerns brought to you by our neighbors, the Hagues and us To date the pool is still not taken care of;there is some waste in front of the property and most of the lawn has been mowed. Sincerely, Lori Camposeo 1268 Burts Pit Road Florence, MA 01060 582-0501 (work#) Do You Yahoo!? Tired of spam?Yahoo! Mail has the best spam protection around http://mail.yahoo.com J19/2006 nie Mathieu lm: Ernie Mathieu nt: Wednesday, June 14, 2006 3:54 PM 'Tynan Power' bject: RE: Swimming Pool ne 14, 2006 llo Ty, :ase accept my sincere apologies. Now I do remember you telling me about your Mom- It ip my memory. It's difficult sometimes to remember the details of every case I'm working . ( I have at least 25 like these now in the works that I'm trying to resolve-between asing, public pools, illegal dumping, restaurants, day camps, septic system problems, =quito problems/west nile, dead birds/west nile, tanning, nail and piecing iablishments, overflowing dumpsters and litter in alleys, to name a few) =ase email me on Friday when the pool filter is running and the water is treated. inks again, lie --Original Message gym: Tynan Power [mailto:tynanpower @yahoo.com] it : Wednesday, June 14, 2006 9:19 AN Ernie Mathieu 'ject: RE: Swimming Pool Ernie Mathieu cemathieu @northamptonma.gov> wrote: tune 14, 2006 i Ty, ry Teddy Bear Pools. They are in Chicopee and in the phone book. y actually aren't in the yellow pages of the phone book I was using, but I got referred them by someone else. As I said in my email yesterday, I talked to them and they said y can come out to repair the pump, but they had to call me back to schedule. They ually just called so we're scheduled to have the pump fixed and the pool chlorinated on day. use hem for my pool . Also, something must be done within the next week ecause I received two calls within the last two weeks from your eighbors and there is a lot of pressure on me to address this issue o be corrected. it the same neighbors both times? f the water is still not being treated within one week I will have to and your mother a letter with an official "order" D correct it within short period of time and if she does not comply I will be forced to ile it in housing court. Let's hope it does not get to that point. 'm trying to work with you on this as you can see- no official ization letters have been sent by me yet. nks, I appreciate that there have been no citations written. I am really doing my best jet this resolved. aiding, writing a letter to my mother. I thought that I explained the situation to you, maybe I wasn't clear enough. My mother died last summer. She had been sick for a long 1 • which is why I have had little time or energy (or funds) to devote tc improving the me, since I 've lived here. I was her only child and she did not have a husband; her ex- band who would have helped in such a dire circumstance, had Alzheimer's and was in a 'sing home for the last several years. He also died in December, and I was also ;nonsible for his care and his funeral arrangements, etc. I said, when we moved in, it looked like the pool hadn't been cleaned or functional in ono time, but we got it cleaned out and then in the winter of 2004/2005, the pump led with water and froze, breaking it. Last summer, my mother was in the hospital in ode Island for a good chunk of the summer. As her only child, I had to be there as much possible, so I was juggling a full-time job, single parenting two kids, and trying to e for my dying mother. Then she died at the end of July and I had to handle her Feral, which took place in Florida, per her request and because she already had her plot d for down there. As a result, I was tied up until the end of the summer dealing with that. So cleaning the pool was the last thing on my mind. s year, this is just the beginning of the pool season, so it was my intent to get Leone to come out to clean it in June, which is what I'm doing. I had already been Ong to find someone to come out and clean it, before you contacted me the first time, as I said, the numbers listed in the yellow pages for pool servicing and repair ually *don't* come out and do servicing. ht now, my mother's estate is in probate and the house doesn't belong to anyone. I 'm ling with a monster estate to manage (not because there were a lot of funds. . .there's ually very limited funds. . .but because my mother left a lot of complicated matters that e to be resolved, in Rhode Island and Florida) which is where the bulk of my time is ng. Anyway, as the administrator of her estate, any letter you send her is just going come back to me. (You can verify this, if you want to. . .she died on July 25th in pshire County at Cooley Dickinson right after I moved her here so I could care for her e easily. bate has also been filed in Hampshire County court because she owned this house, here. s running concurrent with probate in Rhode Island, where she lived. So those documents be found through Hampshire County court records which I believe are public. I can also d you a copy of her death certificate and the assignment of administrator in the bate court, if you want. ) I realize that if you do need to file an official complaint, '11 need to file it in her name as the owner. It just won't make any difference in ms of getting this done. nks, ----Original Message rom: Tynan Power (mailto:tynanpower @yahoo.comj ent: Tuesday, June 13, 2006 5:35 PM o: Ernie Mathieu ubject: Re: Swimming Pool r. Mathieu, o, the pool doesn't have a new pump yet. I've been trying to find omeone to come out to work on it, but I hadn't been able to locate nyone. (There aren't many people listed in the phone book for pool ervicing and the ones that are listed actually don't repair pools. ) I inally found out that Teddy Bear Pools in Chicopee will come out to o repairs and talked to them today, so they are going to call me back o schedule a time. iso, the grass was cut and will be again this week. he unregistered cars are covered. I 've made progress on everything ut the pool. y Dear Tynan, 2 >• Please give me an update on the swimming pool. Is the pump set up > yet and do you have the water treated with chlorine yet? Please give me an update. Thank you, Ernie Mathieu • From:: Ernie Mathieu Sent: Friday, May 26, 2006 8:14 AM To: Cc: Anthony Patillo Subject: RE: 1280 Hurts Pit Road May 26, 2006 Dear Tynan: Thank you for your attention in this matter. !ease notify me by email as each item gets done so that I can check and rte it. Sincerely, Ernest Mathieu Board of Health Director Original Message > > From Tynan Power (mailto:tynanpower @yahoo.com] > Sent: Thursday, May 25, 2006 2:08 PM > To: Ernie Mathieu > Subject: Re: 1280 Hurts Pit Road >• Mr. Mathieu, >• No problem. To reiterate my plans about the property, for your > record: > 1) The only residents of the house are myself and fly two sons. My > ex-partner lived there with us previously, as ;ell. 2) The only trash that has been outside the 2operty has already been disposed of. Were not keeping any trash outside ow because we are dropping things off at the dump---doesn't make ense to keep anything in trash barrels we can't transport. 3) The pool was cleaned and being used (with the filter and pump doing) in the summer of 2004. We did not clean it out 3st summer because of my mother's illness and death, but I intend to have cleaned within the next week or so, depending on when I can get )meone out to do it. (The pump needs to be replaced so I need to get a rvice person to do that. ) 4) The grass will be cut by next week at the test. Since its a very large yard, it's going to take more than one day to get it done. 5) The car situation will be dealt with as soon as can. Currently several of the cars are my responsibility but not v property to sell, yet, so I can't dispose of them. However, I will cover and store them appropriately. I think that's everything. Thanks! Tynan Power --- Ernie Mathieu <emathieu @northamptonma.gov> wrote: > May 25, 2006 > Dear Mr. Tynan Power; > Thank You for your telephone call today in egards to the letter I > sent your Mother regarding her property at 1280 Burts Pit Road. Sorry > to hear that she pass away last year. I nderst and that you had to > care for her in Rhode Island while she was ill nd that you had very > little time to tend to the property on Burts Pit Road. > Please send me in writing your intentions to adoress > the issues and > concerns that I had with the property that I > expressed to you and a > timetable that you can reasonably rectify these. > > • > • > Thank you very much for your cooperation, time, • and > intentions to > address these issues. Sorry to trouble with this but > I hope you > understand that I am only doing my job. I will await > hearing from you. > Sincerely, > Ernest Mathieu > Board of Health Director o You Yahoo! ? fired of spam? Yahoo! Mail has the best spam protection around ttp: //mail.yahoo.com You Yahoo!? ie Mathieu v ect: 26 , 2006 Tynan: Ernie Mathieu Friday, May 26, 2006 8:14 AM 'tyn a n power @ya hoo.co m' Anthony Patillo RE: 1280 Burts Pit Road ak you for your attention in this matter Please notify me by email as each item gets so that I can check and note it. :erely, Lest Mathieu .rd of Health Director -Original Message .: Tynan Power tmailto:tynanpower @yahoo.comj : Thursday, May 25, 2006 2:08 PM Ernie Mathieu ect: Re: 1280 Burts Pit Road Mathieu, roblem. To reiterate my plans about the property, for your record: he only residents of the house are myself and my two sons. My ex-partner lived there us previously, as well. he only trash that has been outside the property has already been disposed of. We're keeping any trash outside now because we are dropping things off at the dump---doesn't sense to keep anything in trash barrels we can't transport. ae pool was cleaned and being used (with the filter and pump going) in the summer of . We did not clean it out last summer because of my mother's illness and death, but I ad to have it cleaned within the next week or so, depending on when I can get someone :o do it. (The pump needs to be replaced so I need to get a service person to do ae grass will be cut by next week at the latest. it's a very large yard, its going to take me more than one day to get it done. ae car situation will be dealt with as soon as I can. Currently several of the cars ny responsibility but not my property to sell, yet, so I can' t dispose of them. Ter, I will cover and store them appropriately. nk that's everything. Thanks! i Power irnie Mathieu <emathieu @northamptonma.gov> wrote: 7 25, 2006 rr Mr. Tynan Power; ink You for your telephone call today in regards to the letter I it your Mother regarding her property at 1280 Burts Pit Road. Sorry hear that she pass away last year. I understand that you had to re the timer in to Island while on Burts Pit Road. that you had very Road ease send me in writing your intentions to address e issues and ncerns that I had with the property that I pressed to you and a metable that you can reasonably rectify these. rank you very much for your cooperation, time, and !tensions to dress these issues. Sorry to trouble with this but hope you y� 1 will await iderstand that I am only doing my o raring from you. incerely, rnest Mathieu oard of Health Director You Yahoo!? -ed of spam? Yahoo! Mail has the best span protection around :p://mail.yahoo.com e Mathieu act: Anthony Patillo Wednesday, May 17, 2006 12:29 PM Ernie Mathieu RE: 1280 burls pit rd complaint m who called us was Sue Hague 586-1516..1 spoke to her told her you had sent letter to RI, and that it Iloks like she ding property..she was very grateful Original Message rom: Ernie Mathieu ent: Wednesday,May 17,2006 11:15 AM u; Anthony Patillo object: RE: 1280 burts pit rd complaint ii Tony, 'es, I wrote a letter to the owner of 1280 Burt's Pit Rod, Ms. Carol Cargill (who has a RI address)with a request to call ne about her property by May 12, 2006, or I would proceed with formal and legal action. She has not called as of yet Ind I am proceeding. Do you want me to call Ms. Hague and relate this to her or do you wish to. I don't think I was ver given her Tel. number. Ernie 'rom: Anthony Patillo lent: Wednesday, May 17, 2006 10:05 AM fo: Ernie Mathieu ;object: 1280 burts pit rd complaint Ernie, received a call from Sue Hague, she was upset t she said she had called Board of Health about her neighbor who ras someone living in camper on her property(we will deal with that one)and that neighbor has garbage piled tttracting bears, and a pool that has not been covered which is attracting mosquiotes. Do you recall this one? fowarded a complaint to you on GEO. Pony ie Mathieu n: Ernie Mathieu t: Wednesday, May 17, 2006 10:15 AM Anthony Patillo ject: RE: 1280 buns pit rd complaint )ny. wrote a letter to the owner of 1280 Burt's Pit Rod, Ms. Carol Cargill(who has a RI address) with a request to call me it her property by May 12, 2006, or I would proceed with formal and legal action. She has not called as of yet and I am eeding. Do you want me to call Ms. Hague and relate this to her or do you wish to. I don't think I was ever given her number. n: Anthony Patillo :: Wednesday, May 17, 2006 10:05 AM Ernie Mathieu ect: 1280 burts pit rd complaint rived a call from Sue Hague, she was upset t she said she had called Board of Health about her neighbor who has one living in camper on her property(we will deal with that one)and that neighbor has garbage piled attracting bears, pool that has not been covered which is attracting mosquiotes. Do you recall this one? 3rded a complaint to you on GEO. To the Board of Health: We have a serious problem at 1280 Burls Pit Road. Here are the following violations. 1. Garbage left in front of yard and a couple of years ago we had a large bear eating out of their garbage. 2. Someone is living out of their small camper and has been for months. 3. Pool has never been covered and with all the viruses going around I would think that is a health hazard. Please check this out. I know one of our neighbors called you but nothing was done! The neighbors. Ernie Mathieu From: Charlie Hague [gchague @icsrepgroup.com] Sent: Friday,August 18, 2006 4:12 PM To: Ernie Mathieu Subject: RE: Neighborly Concerns ear Mr. Mathieu n behalf of my wife and I and our family along with the Camposeos we would like to thank you for your support nd persistence in this difficult matter. I find it bewildering why our neighbor would choose the path that she has hen with a little honest effort all this could have been avoided. We have had many neighbors in the 30 years we ave been in our house and have never encountered any difficulties with any of them. We have made many ue vestments to our home over the years and it pains us to know what our neighbor living is Bowe toe the prl can t tell alueu f all the homes in the area as well as our own.We have been very happy ow personally painful it is for me to hear my wife say she wants to move away because of what is taking place next door. 'wo items I would like to clarify for your benefit. Carol Cargill, the mother, is deceased. She passed away some me last year. ynan Power is a female. Thanks again for your support and for providing us with the Court Action information. Kindest Regards, Charlie Hague Original Message From: Ernie Mathieu [mailto:emathieu @northamptonma.gov] Sent Friday, August 18, 2006 3:58 PM To: Charlie Hague Subject: RE: Neighborly Concerns HI Mr. Hague, I agree with your last paragraph in your email. You said it right and that is why the gloves are on and m taking him and his mother to court.Attached is the court request and I will notify you of the court date. He also and does not seem to Ibeaunde standing to your posit oon)gFeel free to(call tme. (587-1213 or cell Dept. l 563 6680). Ernie Mathieu Health Director From: Charlie Hague [mailto:gchague @icsrepgroup.com] Sent: Friday, August 18, 2006 12:30 PM To: tynanpower @yahoo.com Cc: Ernie Mathieu; Icamposeo @yahoo.com; lucysue1969 @comcast.net Subject: Neighborly Concerns Tynan Power Let me begin by taking exception to your classifying our involving the Board of Health in our legitimate watched our"hostile". Hostility ldeclli a due to the deteriorating condition of your property because of woeful watched our property 9/8/2006 neglect on your part. If anything you should appreciate the patience and tolerance we have exhibited in refraining from taking action prior to this Summer.We reluctantly accepted the negative financial impact your indifference was having on our property but we will not accept the potential health risks the condition of your swimming pool and lawn are posing to our family. From my perspective your actions or more accurately inactions exude more hostility than our plea for help to the Board of Health. From the very beginning of your occupancy there have been issues. A few Summers ago when you had trash and garbage piled in your driveway for weeks on end we witnessed a large bear sitting in the midst of the rubble feasting on the garbage. [Many others in the area also were witnesses as cars were pulling over to observe the bear and take pictures]. What if an unsuspecting passer buyer,walking their dog, came upon the bear and startled or irritated it?What if one of our grandchildren, playing in h ad the front yard, decided to pay the nice bear a visit? Suppositions aside, what did actually happen next door neighbor that there was a bear sitting in the driveway two houses away.We did this because she was in the back yard [no fence]with her grand daughter. Consider what could have happened! From that incident to the present, while the condition of your property continued to decline[a gutter hanging off of the front of the house for an extended period of time;more trash in the driveway repeatedly, including a discarded toilet bowl; a hole in the side of the house;etc.]we have had to deal with the embarrassment of people driving by your house to get to ours when we have had company. A few weeks ago our three grandsons were playing in the back yard when the two year old suddenly became violently ill and had to be rushed to the emergency room where he spent the remainder of the day.While the doctors could not conclusively say what caused the high fever,vomiting and other symptoms he did have a nasty bug bite on his arm.We will never know if the bite was the cause of his condition but it cannot be ruled out. I am a firm believer in the"law of averages". The more insects there are in a given area the more apt you are to be bitten by one of them. Your property, especially the back yard with the stagnant water in the pool and the waist high grass, is a breeding ground for insects [mosquitoes et all and other vermin. In your e-mail you ask why we could not have simply put a note in your mail box rather than involve the Board of Health.Two thoughts come to mind. One, if you neglected to comply with the formal directives of the Board of Health with the risk of going to court what impact would a note from a neighbor have had? The other is, if your are so oblivious to your surroundings and unconcerned with the negative impact you are having on your neighbors,why bother? Lastly, in light of the above,who has been most guilty of hostile behavior? Regards, Charlie Hague P. S.Your neighbor diagonally across the street repairs and sells lawn mowers. He might even rent or loan you one. 9/8/2006 Mathieu ct: Tynan Power[tynanpower @yahoo.com] Friday, August 25,2006 10:13 AM Ernie Mathieu Re: FW: FW:1280 Burls Pit Road (High grass and Stagnet pool water) 081606 I'm checking it. Thanks. Ernie Mathieu <emathieu @northamptonma.gov> wrote: ---Original Message om: Ernie Mathieu 2006 11:58 AM nt: Wednesday, August 23, 'Tynan Power' ibject: RE: FW:1280 Hurts Pit Road ( High grass and Stagnet pool ,rer) 51606 igust 23, 2006 i Ty, will keep you informed of the court date. However, I have decided hat if the lawn is cut and the pool water is clear before the court ate I will not dismiss the case but will "continue it generally" to he end of October in case the lawn situation and pool water occurs gain. an you check your emails while you are away? 'hanks, rnie Mathieu iealth Director august 25, 2006 Dear Ty, I just received notice your mother is October Northampton, 15 Gothic I will be happy to fax number. Thank you, Ernie Mathieu Health Director from the court that the court ate you and 2, 2006, in Courtroom 2, Housing Street, Northampton, MA, at 9:00 am. you copies of the notice if you send me a fax Original Message From: Tynan Power [mailto:tYnanPo9er@yah o.com] Sent: Wednesday, August 23, To: Ernie Mathieu Cc: lcamposeo @yahoo.com; lucysue1969 @comcast.net; gchague @icsrepgroup.com grass and Stagnet pool Subject: Re: FW:1280 Hurts Pit Road ( High g water) 081606 Mathieu, having to leave town again, today, and have not yet received any al notice re: a court date. I would like to request es that tI youokeep updated by email in addition to any snail mail, .t' s going on while I'm gone. (I should be back in a :k. ) lave been diligently working on the pool --- it's been shocked twice _s week alone and the filter is running and has been backwashed jeatedly --- but it's still green. I finally got someone who grasped gravity of this at Teddy Bear Pools who told me they can hook up a eporary second filter on the pool to get it cleaned out faster. ice that it took all summer, several site visits and numerous trips me to their store in Chicopee, for them to tell me at. ) am also arranging to have the lawn mowed by a lawn service.b I'ml ut iting to get confirmation of when exactly they'll be here, 11 let you know. - Ernie Mathieu <emathieu @northamptonma gov> •ote: Hy Ty, I'm sorry but I will be filing a complaint in housing court for non- compliance with my letter to correct the iolations by August 13, 2006. I understand your situation and I am sympathetic it but as you can see I have two neighbors concerned and writing to e often. You will receive a request to appear in court for not compliance with the orders in my letter. If you cut the lawn and correct the pool water situation before the court date (which should be in about a week) , I will dismiss the case. I need you to begin to respond quicker •0 my orders. Earlier • in the summer you lawn was high and you had it loved • at my request . At > that time I told you that you had to mow it as -reed > in the future. You > agreed, but failed to do so. I have been overly patient ( and so > have the neighbors) in the past but I cannot allow neighbors to be > at risk of disease (west nile virus) or allow the condition of > effect their quality of life (the pool being a breeding ground your property to round for > mosquitoes and the lawn a possible harborage area for animals and just > vermin) . I hope you understand my position t ass a Ho lthy has just > doing my job to protect the public. Also, properly > much time since the spring(many calls and letters, > many emails, etc. ) . > Please help all of us and correct this situation QUICKLY. Thank you. 2 incerely, rnie Mathieu ealth Director 13-587-1213 From: Sue Hague [mailto:lucysue1969 @comcast.net] Sent: Tuesday, August 15, 2006 9:11 PM To: Ernie Mathieu Subject: I am a neighbor at 1298 Hurts Pit Road next to 80 Hurts Pit Road. The pool next door has not had one thing done to it. is a mess and I am afraid of all the mosquitoes it is attracting. I have five children and 4 grandchildren and I do not want them to be itten by something. I have had a swimming pool for 20 years and many of our friends have a pool and I have never seen a pool as bad as this. The erson who owned the pool before kept it in excellent condition. Her hildren would swim in it everyday. In all the time this person has had the house they used the pool for a day a couple of years ago. We were thrilled thinking great they will take care of the pool. The very next day they > stopped and it has been just sitting there. I am allot older than • she is and I cut my own grass and take care of a pool, grandchildren > etc. I also took care of a mother and aunt who had Alzheimer. There • is absolutely no reason for what she is doing. I am so unhappy here > I told my husband I want to move because I am embarrassed by my > neighbor. We have lived here for almost 30 years and had a few > neighbors and I have never felt like this before. I am wondering if > maybe a meeting between all parties should take place? I am sure my > neighbor on the otherside of 1280 would agree. > This women needs to know this our home and she is destroying it for > allot of people. Please help us. > Susan Hague Co You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com Mathieu ct: Ernie Mathieu Friday, August 25,2006 8:11 AM 'tynanpower @yahoo.com' lucysue1969 @comcast.net'; 'Icamposeo @yahoo.com' FW: FW:1280 Burls Pit Road(High grass and Stagnet pool water) 081606 -Original Message : Ernie Mathieu Wednesday, August 23, 2006 11:58 AM 'Tynan Power' ect: RE: FW:1280 Hurts Pit Road ( High grass and Stagnet pool water) 081606 st 23, 2006 Y, 11 keep you informed of the court date. However, I have decided that if the lawn is and the pool water is clear before the court date I will not dismiss the case but will itinue it generally" to the end of October in case the lawn situation and pool water ,rs again. you check your emails while you are away? iks, Le Mathieu Lth Director ast 25, 2006 r Ty, ou an her is ust received notice from the court that the court date fors yout and Street,thert ismpton,your ober 2, 2006, in Courtroom 2, Housing Court Northampton, at 9:00 am. ill be happy to fax you copies of the notice if you send me a fax number. nk you, de Mathieu filth Director ---Original Message ;m: Tynan Power [mailto:tynanpo9 03YAM ahoo.com] it: Wednesday, August 23, Ernie Mathieu Icamposeo @yahoo.com; lucysue1969 @comcast.net, gchague @icsrepgroup.com oject: Re: FW:1280 Hurts Pit Road ( High grass and Stagnet pool water) 081606 Mathieu, m having to leave town again, today, and have not yet received any legal notice re: a urt date. I would like to request that you keep me updated by email in addition to any ail mail, so that I know what's going on while I'm gone. (I should be back in a ek. ) have been diligently working on the pool --- its been shocked twice this week alone and fie l gotr someonenwhongraspede the gravity of this attl it's Teddy Bear Pools who green. toldn I ad has ben me they -naloy g 3n hook up a temporary second filter on the pool to get it cleaned out faster. (Nice that 1 ok all summer, several site visits and numerous trips by me to their store in pee, for them to tell me that. ) I am also arranging to have the lawn mowed bill lawn y a ce. I'm waiting to get confirmation of when exactly they'll be here, now. snie Mathieu <emathieu @northamptonma.gov> wrote: Ty, R sorry but I will be filing a complaint in housing court for non- noliance with my letter to correct the violations by August 13, D6. inderstand your situation and I am sympathetic to it but as you can a I have two neighbors concerned and writing to me often. You will ceive a request to appear in court for not compliance with the ders in my letter. If you cut the lawn and correct the pool water tuation before the court date (which should be in about a week) , I 11 dismiss the case. I need you to begin to respond quicker to my ders. Earlier in the summer you lawn was high and you had it moved my request. At that time I told you that you had to mow it as need the future. You agreed, but failed to do so. I have been overly tient ( and so have the neighbors) in the past but I cannot allow .ighbors to be at risk of disease (west nile virus) or allow the ,ndition of your property to effect their quality of life (the pool grog a breeding ground for mosquitoes and the lawn a possible irborage area for animals and vermin) . I hope you understand my >sition as a Health Official just doing my job to protect the public. Lso, this properly has consumed much time since the spring(many 411s and letters, many emails, etc. ) . lease help all of us and correct this situation QUICKLY. Thank you. incerely, rnie Mathieu ealth Director 13-587-1213 Prom: Sue Hague [mailto:lucysue1969 @comcast.netl 'lent: Tuesday, August 15, 2006 9: 11 PM Lo: Ernie Mathieu icbject: I am a neighbor at The pool next door I am afraid of all 4 grandchildren and I do not want them to be bitten by something.children and I have had a swimming pool for 20 years and many of our friends have a pool and I have never seen a pool as bad as this. The person who owned the pool before kept it in excellent condition. Her children would swim in it everyday. In all the time this person has had the house they used the pool for a day a couple of years ago. We were thrilled thinking great they will take care of the pool. The very next day they stopped and it has been just sitting there. I am allot older than she 1298 Burts Pit Road next to 1280 Burts Pit Road. has not had one thing done to it. It is a mess and the mosquitoes it is attracting. I have five 2 > is and 1 cut my own grass and take care of a pool, grandchildren etc. > I also took care of a mother and aunt who had Alzheimer. There is > absolutely no reason for what she is doing. I am so unhappy here I > told my husband I want to move because I am embarrassed by my > neighbor. We have lived here for almost 30 years and had a few > neighbors and I have never felt like this before. I am wondering if > maybe a meeting between all parties should take place? I am sure my > neighbor on the otherside of 1280 would agree. > This women needs to know this our home and she is destroying it for > allot of people. Please help us. > Susan Hague Do You Yahoo! ? Tired of spam? Yahoo! Mail has the best spam protection around http: //mail.yahoo.com 3 Page 1 of2 Ernie Mathieu From: Ernie Mathieu Sent: Friday, August 18, 2006 2:58 PM To: 'Charlie Hague' Subject: RE: Neighborly Concerns Attachments: 1280 Burls Pit Road Request for probable cause 081706.doc HI Mr. Hague, I agree with your last paragraph in your email. You said it right and that is why the gloves are on and I'm taking him and his mother to court. Attached is the court request and I will notify you of the court date. He also stated in one of his latest emails that the lawn won't get mowed ((that shows he is flaunting this Dept. and does not seem to be understanding to your position). Feel free to call me. (587-1213 or cell 563-6680). Ernie Mathieu Health Director From: Charlie Hague [mailto:gchague @icsrepgroup.com] Sent: Friday, August 18, 2006 12:30 PM To: tynanpower @yahoo.com Cc: Ernie Mathieu; Icamposeo @yahoo.com; lucysue1969 @comcast.net Subject: Neighborly Concerns Tynan Power Let me begin by taking exception to your classifying our involving the Board of Health in our legitimate concerns as"hostile". Hostility can manifest itself in various manners. For over three years we have watched our property value decline due to the deteriorating condition of your property because of woeful neglect on your part. If anything you should appreciate the patience and tolerance we have exhibited in refraining from taking action prior to this Summer. We reluctantly accepted the negative financial impact your indifference was having on our property but we will not accept the potential health risks the condition of your swimming pool and lawn are posing to our family. From my perspective your actions or more accurately inactions exude more hostility than our plea for help to the Board of Health. From the very beginning of your occupancy there have been issues.A few Summers ago when you had trash and garbage piled in your driveway for weeks on end we witnessed a large bear sitting in the midst of the rubble feasting on the garbage. [Many others in the area also were witnesses as cars were pulling over to observe the bear and take pictures]. What if an unsuspecting passer buyer, walking their dog, came upon the bear and startled or irritated it?What if one of our grandchildren, playing in the front yard, decided to pay the nice bear a visit? Suppositions aside, what did actually happen is we had to alert our next door neighbor that there was a bear sitting in the driveway two houses away.We did this because she was in the back yard [no fence]with her grand daughter. Consider what could have happened! From that incident to the present, while the condition of your property continued to decline[ a gutter hanging off of the front of the house for an extended period of time; more trash in the driveway repeatedly, including a discarded toilet bowl; a hole in the side of the house;etc.]we have had to deal with the embarrassment of people driving by your house to get to ours when we have had company. A few weeks ago our three grandsons were playing in the back yard when the two year old suddenly became violently ill and had to be rushed to the emergency room where he spent the remainder of the day. While the doctors could not conclusively say what caused the high fever, vomiting and other symptoms he did have a nasty bug bite on his arm. We will never know if the bite was the cause of his condition but it cannot be ruled out. I am a firm believer in the"law of averages". The more insects there are in a given area the more apt you are to be bitten by one of them. Your property, especially the back yard with the stagnant water in the pool and the waist high grass, is a breeding ground for insects[mosquitoes et al] and other vermin. In your e-mail you ask why we could not have simply put a note in your mail box rather than involve the Board of Health. Two thoughts come to mind. One, if you neglected to comply with the formal directives of the Board of Health with the risk of going to court what impact would a note from a neighbor have had?The other is, if your are so oblivious to your surroundings and unconcerned with the negative impact you are having on your neighbors, 8/18/2006 rageL OIL why bother? Lastly, in light of the above, who has been most guilty of hostile behavior? Regards, Charlie Hague P. S.Your neighbor diagonally across the street repairs and sells lawn mowers. He might even rent or loan you one. 8/18/2006 REQUEST FOR A PROBABLE CAUSE HEARING RE: State Sanitary Code To any Justice or Clerk Magistrate of the Western Division Housing Court of: SPRINGFIELD HOUSING COURT 37 ELM STREET SPRINGFIELD,MA 01101 ERNEST J.MATHIEU,DIR OF PUBLIC HEALTH NORTHAMPTON BOARD OF HEALTH Name of Inspector Name of Health Department 212 MAIN STREET NORTHAMPTON,MA 01060 Street City/Town *********************************************************************** ON OATH COMPLAINS THAT: Modesta& Segundo Cintron,whose official address is: Carol Cargill Tynan Power 74 Rockland Street AND1280 Burts Pit Road Narragansett, RI 02882 Northampton, MA 01060 Was and is the said occupant of this residential premise located at: 1280 Burts Pit Road Northampton, MA 01060 Wherein the following violations of the State Sanitary Code exist(Please also see attached report): Enforcement letter(s) attached dated May 6, 2006, and August 7, 2006,which a re-inspection was conducted on August 16,2006, and not all violations were found to be corrected. ************************************************************************** On May 5, August 1, August 7, and on August 16,2006,a representative of the Northampton Board of Health inspected the premises and determined that the above-noted code violation(s) exits. On,May 6,2006, and August 7, 2006,pursuant to the requirements of the State Sanitary Code and/or the M.G.L, the above-noted property owner was served with a written order to remedy these violations. As of May 5, August 1, August 7, and on August 16, 2006, and from day to day thereafter,the above-noted property owner has willfully, intentionally, recklessly,or repeatedly failed to comply with said order. As such, I respectfully request that a Probable Cause Hearing be scheduled at the Court's earliest convenience relative to this matter. Kindly find a copy of the Inspection report attached to this request. August 16,2006 Complainant's Signature Director of Public Health (413)587-1213 rage i ui 1 Ernie Mathieu From: Charlie Hague [gchague @icsrepgroup.com] Sent: Friday, August 18,2006 12:30 PM To: tynanpower @yahoo.com Cc: Ernie Mathieu; Icamposeo @yahoo.com; lucysue1969 @comcast.net Subject: Neighborly Concerns Tynan Power Let me begin by taking exception to your classifying our involving the Board of Health in our legitimate concerns as"hostile". Hostility can manifest itself in various manners. For over three years we have watched our property value decline due to the deteriorating condition of your property because of woeful neglect on your part. If anything you should appreciate the patience and tolerance we have exhibited in refraining from taking action prior to this Summer. We reluctantly accepted the negative financial impact your indifference was having on our property but we will not accept the potential health risks the condition of your swimming pool and lawn are posing to our family. From my perspective your actions or more accurately inactions exude more hostility than our plea for help to the Board of Health. From the very beginning of your occupancy there have been issues.A few Summers ago when you had trash and garbage piled in your driveway for weeks on end we witnessed a large bear sitting in the midst of the rubble feasting on the garbage. [Many others in the area also were witnesses as cars were pulling over to observe the bear and take pictures]. What if an unsuspecting passer buyer, walking their dog, came upon the bear and startled or irritated it?What if one of our grandchildren, playing in the front yard, decided to pay the nice bear a visit? Suppositions aside, what did actually happen is we had to alert our next door neighbor that there was a bear sitting in the driveway two houses away.We did this because she was in the back yard [no fence]with her grand daughter. Consider what could have happened! From that incident to the present, while the condition of your property continued to decline[a gutter hanging off of the front of the house for an extended period of time; more trash in the driveway repeatedly, including a discarded toilet bowl; a hole in the side of the house; etc.]we have had to deal with the embarrassment of people driving by your house to get to ours when we have had company. A few weeks ago our three grandsons were playing in the back yard when the two year old suddenly became violently ill and had to be rushed to the emergency room where he spent the remainder of the day. While the doctors could not conclusively say what caused the high fever,vomiting and other symptoms he did have a nasty bug bite on his arm. We will never know if the bite was the cause of his condition but it cannot be ruled out. I am a firm believer in the"law of averages". The more insects there are in a given area the more apt you are to be bitten by one of them.Your property, especially the back yard with the stagnant water in the pool and the waist high grass, is a breeding ground for insects [mosquitoes et al]and other vermin. In your e-mail you ask why we could not have simply put a note in your mail box rather than involve the Board of Health. Two thoughts come to mind. One, if you neglected to comply with the formal directives of the Board of Health with the risk of going to court what impact would a note from a neighbor have had?The other is, if your are so oblivious to your surroundings and unconcerned with the negative impact you are having on your neighbors, why bother? Lastly, in light of the above,who has been most guilty of hostile behavior? Regards, Charlie Hague P. S. Your neighbor diagonally across the street repairs and sells lawn mowers. He might even rent or loan you one. 8/18/2006 Housing Court Western Division 37 Elm Street Springfield, Massachusetts 01103 (413) 748-7838 Robert G. Fields William H. Abrashkin Clerk Magistrate First Justice Date: August 21, 2006 Re : Northampton Bd. of Health Vs: Carol Cargill No: 06-PC-00297 NOTICE OF SHOW CAUSE HEARING A request for criminal complaint naming you as the defendant has been filed in this Court, and a copy of the proposed complaint is enclosed. Before any criminal process issues, the Clerk of the Court will hold a show cause hearing to determine if there is sufficient evidence to require that you be charged with the offense alleged. A clerk' s hearing to determine whether criminal proceedings will be commenced against you will be held at the Courtroom 2 of the Housing Court Northampton, at 15 Gothic Street, Northampton, MA 01060 at 09 : 00 o ' clock, Monday, October 02, 2006 . At the hearing you may present your side of the matter, bring witnesses, and be represented by an attorney, if you so choose . ECMS : SCH-SCAUSE Robert Cj'` Fields Clerk Magistrate REQUEST FOR A PROBABLE CAUSE HEARING RE: State Sanitary Code To any Justice or Clerk Magistrate of the Western Division Housing Court of: SPRINGFIELD HOUSING COURT 37 ELM STREET SPRINGFIELD,MA 01101 ERNEST J. MATHIEU, DIR. OF PUBLIC HEALTH NORTHAMPTON BOARD OF HEALTH Name of Inspector Name of Health Department 212 MAIN STREET NORTHAMPTON,MA 01060 Street City/Town *********************************************************************** ON OATH COMPLAINS THAT: Modesta & Segundo Cintron,whose official address is: Carol Cargill Tynan Power 74 Rockland Street AND 1280 Burts Pit Road Narragansett, RI 02882 Northampton, MA 01060 Was and is the said occupant of this residential premise located at: 1280 Burts Pit Road Northampton, MA 01060 Wherein the following violations of the State Sanitary Code exist(Please also see attached report): Enforcement letter(s) attached dated May 6, 2006, and August 7,2006,which a re-inspection was conducted on August 16,2006, and not all violations were found to be corrected. •******************************************************************s****** On May 5, August 1, August 7, and on August 16, 2006, a representative of the Northampton Board of Health inspected the premises and determined that the above-noted code violation(s) exits. On, May 6, 2006, and August 7, 2006,pursuant to the requirements of the State Sanitary Code and/or the M.G.L, the above-noted property owner was served with a written order to remedy these violations. As of May 5, August 1, August 7, and on August 16, 2006, and from day to day thereafter, the above-noted property owner has willfully, intentionally, recklessly,or repeatedly failed to comply with said order. As such,I respectfully request that a Probable Cause Hearing be scheduled at the Court's earliest convenience relative to this matter. Kindly find a copy of the Inspection report attached to this request. August 16, 2006 Complainant's Signature Director of Public Health (413) 587-1213 Page 1 of 1 Ernie Mathieu From: Ernie Mathieu Sent: Friday, September 29, 2006 11:02 AM To: 'tynanpower©yahoo.com September 29, 2006, Dear Tye, An Re-inspection of 1280 Burt's Pit Road on 09/28/06 has revealed that the lawn has been mowed but the swimming pool water is still stagnant and green with algae which is conducive to a breeding ground for mosquitoes,thus creating public health nuisance. Therefore, you have not complied with all of the orders in the letter sent to you dated August 7, 2006. I am reminding you that your mother is scheduled for a show-cause hearing in Housing Court on 10/02/06 at 9:00am located on Masonic Street in Northampton. If she or you as her representative do not appear I will request that a Criminal Complaint be issued by the court for strict orders, action,and possible fines. Sincerely, Ernest J. Mathieu Health Director 9/29/2006 Ernie Mathieu From: Sent: To: Subject: Attachments: Lori Camposeo llcamposeo @yahoo.com] Sunday, September 24, 2006 5:38 PM Ernie Mathieu 1280 Burls Pit Road 1156369771-Neighbors poot003.jpg Page 1 of1 Hi Ernie, Attached please find a copy of our neighbor's pool as of today. We appreciate your pursuing tp have them remove it. Thanks, Lori Get your email and more, right on the new Yahoo.com 9/25/2006 ' J CO O O N N OD O ragc 1 vi ii Ernie Mathieu From: Lori Camposeo [Icamposeo©a yahoo.com] Sent: Tuesday, September 12,2006 5:59 AM To: Ernie Mathieu Subject: RE: FW: FW: Swimming Pool Hi Ernie, The lawn was mowed by someone, who we believe was Ty's former partner. We recongized the truck. The pool may have been treated with something that Ty thought was a quick fix,however it never got clear-- the water is still dark green. We think the person who mowed the lawn either unplugged the filter/motor that was running or possibly ran over the cord because we no longer here a motor running. Why doesn't Ty just drain the pool? We think the cover mights be on the bottom of the pool and might never get taken care of. Thanks, Lori Ernie Mathieu <emathieu anorthamptonma.gov>wrote: Hi Lori, Is there any improvement at the property/ I have a Show Cause Date in housing Court with them which is on October 2. 2006 at 9:00am. Ernie Mathieu 587-1213 From: Lori Camposeo [mailto:Icamposeo @yahoo.com] Sent: Sunday, August 13, 2006 9:37 PM To: Ernie Mathieu Subject: Re: FW: FW: Swimming Pool Hi Ernie, We were on vacation sorry for the delay in responding. As of today,the lawn is still not mowed nor has the pool been treated as far as we can see. The water is dark and murky. Thank you, Lori Camposeo Ernie Mathieu <emathieu a(Jrorthamptonma-gov>wrote: Hi Lori, Did you get this email? Ernie 587-1213 From: Ernie Mathieu Sent:Thursday, August 10, 2006 8:07 AM To: 'Lori Camposeo' Subject: RE: FW: Swimming Pool 9/12/2006 rayc L U' I Hi Lori, I sent a letter to Tynan Powers (the owners son who is living there) at that address with orders to mow the lawn and chlorinate the pool by August 12t1. Please let me know if it gets done. Thanks! Ernie Mathieu 587-1213 From Lori Camposeo [mailto:lcamposeo @yahoo.com] Sent: Sunday, July 30, 2006 7:26 PM To: Ernie Mathieu Subject: Re: FW: Swimming Pool Hi Ernie, Just following up on your message to me about 10 days ago. The pool is still not treated and the lawn unmowed. The water remains a breading ground for insects. There has been no activity around that pool for almost 2 complete summers now. Have they responded to your notice? We'd appreciate a response. hank you, .ori Camposeo Ernie Mathieu <emathieugnorthamptonma.gov>wrote: Good Afternoon Lori: Here is our most recent communication. The pump and filter was supposed to be working by last Friday. I will check on it and get back to you. Ernie Mathieu 587-1213 Original Message From. Tynan Power[mailto:tynanpower @yahoo.com] Sent: Wednesday, June 14,2006 9:19 AM To: Ernie Mathieu Subject: RE: Swimming Pool -- Ernie Mathieu wrote: >June 14, 2006 >Hi Ty, >Try Teddy Bear Pools. They are in Chicopee and in 9/12/2006 >the phone book. They actually aren't in the yellow pages of the phone book I was using,but I got referred to them by someone else. As I said in my email yesterday,I talked to them and they said they can come out to repair the pump,but they had to call me back to schedule. They actually just called so we're scheduled to have the pump fixed and the pool chlorinated on Friday. I use > them for my pool. Also, something must be done >within the next week >because I received two calls within the last two >weeks from your >neighbors and there is a lot of pressure on me to > address this issue to >be corrected. Is it the same neighbors both times? >If the water is still not being treated within one >week I will have to > send your mother a letter with an official "order" >to correct it within > a short period of time and if she does not comply I >will be forced to > file it in housing court. Let's hope it does not get > to that point.I'm > trying to work with you on this as you can see-no > official citation > letters have been sent by me yet. Thanks, I appreciate that there have been no citations written. I am really doing my best to get this resolved. Regarding,writing a letter to my mother. I thought that I explained the situation to you,but maybe I wasn't clear enough. My mother died last summer. She had been sick for a long time,which is why I have had little time or energy(or funds)to devote to improving the house, since I've lived here. I was her only child and she did not have a husband;her ex-husband who would have helped in such a dire circumstance,had Alzheimer's and was in a nursing home for the last several years. He also died in December, and I was also responsible for his care and his funeral arrangements, etc. 9/12/2006 As I said,when we moved in, it looked like the pool hadn't been cleaned or functional in a long time,but we got it cleaned out and then in the winter of 2004/2005, the pump filled with water and froze, breaking it Last summer,my mother was in the hospital in Rhode Island for a good chunk of the summer. As her only child, I had to be there as much as possible, so I was juggling a full-time job, single parenting two kids, and trying to care for my dying mother. Then she died at the end of July and I had to handle her funeral,which took place in Florida,per her request and because she already had her plot paid for down there. As a result, I was tied up until the end of the summer dealing with all that. So cleaning the pool was the last thing on my mind. This year, this is just the beginning of the pool season, so it was my intent to get someone to come out to clean it in June, which is what I'm doing. I had already been trying to find someone to come out and clean it,before you contacted me the first time,but as I said,the numbers listed in the yellow pages for pool servicing and repair actually*don't* come out and do servicing. Right now,my mother's estate is in probate and the house doesn't belong to anyone. I'rn dealing with a monster estate to manage (not because there were a lot of funds...there's actually very limited funds...but because my mother left a lot of complicated matters that have to be resolved, in Rhode Island and Florida) which is where the bulk of my time is going. Anyway, as the administrator of her estate, any letter you send her is just going to come back to me. (You can verify this, if you want to...she died on July 25th in Hampshire County at Cooley Dickinson right after I moved her here so I could care for her more easily. Probate has also been filed in Hampshire County court because she owned this house,here. It's running concurrent with probate in Rhode Island,where she lived. So those documents can be found through Hampshire County court records which I believe are public. I can also send you a copy of her death certificate and the assignment of administrator in the probate court, if you want.) I realize that if you do need to file an official complaint, you'll need to file it in her name as the owner. It just won't make any difference in terms of getting this done. Thanks, 9/12/2006 Ty > Original Message >From: Tynan Power[mailto:tynanpower @yahoo.com] > Sent: Tuesday, June 13 2006 5:35 PM >To: Ernie Mathieu >Subject: Re: Swimming Pool >Mr. Mathieu, >No, the pool doesn't have a new pump yet. I've been >trying to find someone to come out to work on it, >but >I hadn't been able to locate anyone. (There aren't >many people listed in the phone book for pool > servicing and the ones that are listed actually >don't >repair pools.) I finally found out that Teddy Bear >Pools in Chicopee will come out to do repairs and >talked to them today, so they are going to call me >back to schedule a time. >Also, the grass was cut and will be again this week. >The unregistered cars are covered. I've made >progress > on everything but the pool. > Ty >>Dear Tynan, >>Please give me an update on the swimming pool. Is >>the pump set up yet >>and do you have the water treated with chlorine >yet? >>Please give me an update. >>Thank you, >>Ernie Mathieu 9/12/2006 >> From. Ernie Mathieu >> Sent: Friday,May 26, 2006 8:14 AM >>To: >>Cc: Anthony Patillo >> Subject: RE: 1280 Burts Pit Road >>May 26, 2006 >>Dear Tynan: >>Thank you for your attention in this matter. >Please >>notify me by email > > as each item gets done so that I can check and >note >>it. >>Sincerely, >>Ernest Mathieu >>Board of Health Director >> Original Message >>From: Tynan Power [mailto:tynanpower @yahoo.com] 9/12/2006 >> Sent: Thursday,May 25, 2006 2:08 PM >>To: Ernie Mathieu >> Subject: Re: 1280 Burts Pit Road >>Mr. Mathieu, >>No problem. To reiterate my plans about the >>property, for your record: >> 1)The only residents of the house are myself and >my >>two sons. My >>ex-partner lived there with us previously, as >well. > >2) The only trash that has been outside the >property >>has already been >> disposed of. We're not keeping any trash outside >now > >because we are > >dropping things off at the dump--doesn't make >sense >>to keep anything in >>trash barrels we can't transport. >>3)The pool was cleaned and being used(with the >> filter and pump going) >>in the summer of 2004. We did not clean it out >last >> summer because of my >>mother's illness and death,but I intend to have >it >> cleaned within the >>next week or so, depending on when I can get > someone 9/12/2006 >> out to do it. (The >>pump needs to be replaced so I need to get a > service >>person to do >>that.) >> 4) The grass will be cut by next week at the > latest. >> Since it's a very large yard, it's going to take >me »more than one day to >> get it done. >> 5) The car situation will be dealt with as soon as >I >> can. Currently >> several of the cars are my responsibility but not >my >>property to sell, >>yet, so I can't dispose of them. However, I will >> cover and store them >> appropriately. >>I think that's everything. Thanks! > >Tynan Power »> ---Ernie Mathieu >>wrote: >>>May 25, 2006 »> »> »> 9/12/2006 >>>Dear Mr. Tynan Power; »> »> »> >>>Thank You for your telephone call today in >regards >>to the letter I >>>sent your Mother regarding her property at 1280 >>Burts Pit Road. Sorry >>> to hear that she pass away last year. I >understand >>that you had to >>> care for her in Rhode Island while she was ill >and >>that you had very >>> little time to tend to the property on Burts Pit >>Road. »> »> »> >>>Please send me in writing your intentions to > > address >>> the issues and >>>concerns that I had with the property that I >>> expressed to you and a >>>timetable that you can reasonably rectify these. »> »> »> 9/12/2006 >>>Thank you very much for your cooperation,time, >>and >>> intentions to >>> address these issues. Sony to trouble with this >>but »>I hope you >>>understand that I am only doing my job. I will >> await >> >hearing from you. »> »> »> >>> Sincerely, >>>Ernest Mathieu »> >>>Board of Health Director »> >Do You Yahoo!? >Tired of spam?Yahoo! Mail has the best spam >protection around >http://mail.yahoo.com Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com 9/12/2006 The parties are to appear in court on //•6 •0" at_if review on compliance with this agreement. • F ILURE of the Plaintiff to appear D� o'clock for Mgt Result In the Dismissal of this case. "FAILURE of the Defendan to pp this for this review May Result in the Issuance of an Eviction Order. appear for this IF EITHER PARTY alleges that the other party has failed to comply with the terms and conditions of this Agreement, s/he may schedule a court hearing after serving a seven business da s writte notice 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 Approved By The t Agreement Becomes A Court Order And Both Parties Are Legally Required To Follow It. If questions arise, please direct them to the mediator. I Understand That I Have a Ri ht to a Trial Before a Jud•e but Instead I Choose to SI•n this A•reement. PRINT NAME Telephone William H. Abrashkin First Justice agree.6 5/22/01 (cis) r 1'lant/date �u n h n F1' oc,- PRINT NAME 9i3 ) S&S D) 3 � Telephone Defendant's Attomey Clerk-Magistrate / Asst. Clerk-Magistrate Dina E. Fein, Associate Justice 3 opies were given to the parties COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT HOUSING COURT DEPARTMENT WESTERN DIVISION 37 ELM STREET - P.O. BOX 559 SPRINGFIELD, MA 01102-0559 TELEPHONE(413)748-7838 FAX (413)7324807 WILLIAM H. ABRASHKIN FIRST JUSTICE DINA E. FEIN ASSOCIATE JUSTICE Case No. 66 PC DD IL- Date ROBERT G. FIELDS CLERK MAGISTRATE KEVIN R. BYRNE, SR. CHIEF HOUSING SPECIALIST I YAIA- / b l.I e`er. TENANT/DEFENDANT Cl — DP CS n (- CM- AGREEMENT OF THE PARTIES THE PARTIES AGREE TO THE FOLLOWING AS A RESOLUTION OF THIS CASE 17th Mge" 2 i't I% el/ Af/LL %AV r CI 1-/712,1 G✓/ /fr/✓//✓6 7z✓e ate -7i/ /%% L D� D'SNre- / 0 77(/ s /Una"7776Wr w-0.9rr s D = /' ' /a Odaa73e92-3o_ tjj2 t /min . Ann v3 //Inset /P Stir nat i / Er 7D /net, 9 /DD A-V' r - l er-b /D/ T r 'W i G` OVER Je g7AO7/ - /11 a , ;r OYG,/L i/!'PL try G✓/ aca/6.1 £wild Ernie Mathieu From: Lori Camposeo [Icamposeo @yahoo.com] Sent: Tuesday, October 17, 2006 9:13 PM To: Ernie Mathieu Subject: RE: FW: Hi Ernie, Our address is: 1268 Butts Pit Road, Florence MA 01062 Thanks, Lori Ernie Mathieu <emathieu@ajtorthamptonma.gov>wrote: I have a court order to winterize and cover it by 11/6106 or take it down. If you email me your mailing Hi Lori, address I will send you a copy. Ernie 587-1213 From: Lori Camposeo [mailto:Camposeo @yahoo.com] Sent: Monday, October 16, 2006 6:55 PM To: Ernie Mathieu Subject: Re: FW: Hi Ernie, What is the status at this point? Was there a hearing? There has not been any improvement with the pool. Thanks, Lori Ernie Mathieu <emathieu a�jrorthamptonma.gov>wrote: Lori FN -Ernie From: Ernie Mathieu Sent: Friday, September 29, 2006 11:02 AM To: 'tynanpower @yahoo.com' Subject September 29,2006, 10/18/2006 Dear Tye, An Re-inspection of 1280 Burt's Pit Road on 09/28106 has revealed that the lawn has been mowed but the swimming pool water is still stagnant and green with algae which is conducive a breeding ground for mosquitoes, thus creating public health nuisance.Therefore, you have not complied with all of the orders in the letter sent to you dated August 7, 2006. I am reminding you that your mother is scheduled for a show-cause hearing in Housing Court on 10/02/06 at 9:OOam located on Masonic Street in Northampton. If she or you as her representative do not appear I will request that a Criminal Complaint be issued by the court for strict orders, action, and possible fines. Sincerely, Ernest J. Mathieu Health Director Stay in the know. Pulse on the new Yahoo.com. Check it out. let your email and more,right on the new Yahoo.com 10/18/2006 nie Mathieu rm: Tynan Power[tynanpower @yahoo.com] nt: Thursday, November 09, 2006 1:54 PM Ernie Mathieu bject: Re: 1280 Burls Pit Rd Swimming Pool — Ernie Mathieu <emathieu @northamptonma.gov> wrote: Hi Tynan, On Monday, Nov. 6, 2006, we had a review date in housing court. You were not present so i continued the case to Monday, Nov. 20, 2006, at 9:00am.is require .You meetp youe at the property to see theapool and speak with h yout Waiting to hear back from you. i Ernie, would love it if you could see the pool sooner rather than later because it is properly hlorinated and blue (not crystal clear but it is blue and .hlorinated) and I'd like to winterize it and close it before it starts getting gross ,gain. lould you have time tomorrow? If not, we could meet Monday before noon. 7y > Thank you, >• Ernie Do you Yahoo'.? Everyone is raving about the all-new Yahoo! Mail beta. httc: //new.mail.yahoo.com nie Mathieu 3m: Tynan Power[tynanpower @yahoo.com] nt: Tuesday, November 14, 2006 5:13 PM Ernie Mathieu bject: Re: FW: 1280 Butts Pit Rd Swimming Pool anks Ernie. Yes the filter was replaced earlier this summer, but had not been able to :ddye Eearr Poolst junk the that finally pool elped. That and a whole lot more got some advice from chlorine. -- Ernie Mathieu <emathieu @northamptonma.gov> wrote: Hi Tynan, I stopped by today a looked at the pool from the neighbor's basketball court in the rear yard. The pool filter was running and the pool water was clear and clean. It is permissible to winterize the pool and cover it. Please be sure to put a cover on it. Please respond to acknowledge receipt on this email. Thank pool fort youlooked cooperation r t a and getting getng the pool water clear. Also, P Sincerely Ernie Mathieu Original Message From: Ernie Mathieu Sent: Tuesday, November 14, 2006 10:10 AM To: 'Tynan Power' Subject: RE: 1280 Hurts Pit Rd Swimming Pool Ty Is this Wednesday (tomorrow) at 2:00pm OK? Ernie Original Message >• From: Tynan Power [mailto:tynanpower @yahoo.com] > Sent: Monday, November 13, 2006 7 :59 AM > To: Ernie Mathieu > Subject: Re: 1280 Hurts Pit Rd Swimming Pool > Ernie, >• Unfortunately between school today and a freelance job I unexpectedly > have to work on today, I'm not going to be able to meet at 11 today. > Could we meet Wednesday, Thurs or Fri this week? > Ty > --- Ernie Mathieu <emathieu @northamptonma.gov> > wrote: > > Hi Tynan, > > > > > > > > On Monday, Nov. 6, 2006, we had a review date in housing court. You > > were not present so I continued the case to Monday, > Nov. > > 20, 2006, at 9:00am. > > You presence is required. Please email me with a date/time that I > > can meet you at the property to see the pool and speak with you. > > Waiting to hear back from you. > > Housing Court Western Division 37 Elm Street Springfield, Massachusetts 01103 (413) 748-7838 Robert G. Fields William H. Abrashkin First Justice Clerk Magistrate Date : August 21, 2006 Re : Northampton Bd. of Health Vs : Tynan Power No : 06-PC-00298 NOTICE OF SHOW CAUSE HEARING A request for criminal complaint naming you as the defendant has been filed in this Court, and a copy of the proposed complaint is enclosed. Before any criminal process issues, the Clerk of the Court will hold a show cause hearing to determine if there is sufficient evidence to require that you be charged with the offense alleged. A clerk' s hearing to determine whether criminal proceedings will be commenced against you will be held at the Courtroom 2 of the Housing Court Northampton, at 15 Gothic Street, Northampton, MA 01060 at 09 : 00 o' clock, Monday, October 02 , 2006 . At the hearing you may present your side of the matter, bring witnesses, and be represented by an attorney, if you so choose. Robert G ields Clerk Magistrate ECMS : SCH-SCAUSE THE TRIAL COURT COMMONWEALTH OF MASSACHUSETTS HOUSING COURT DEPARTMENT CASE NO. 4 g 474(-6(tii 717:45-v laintiff(s) WESTERN DIVISION MOTiON FOR ISSUANCE OF A CRIMINAL COMPLAINT MOTION TO CONTINUE THIS CASE TO: mo-nom TO DISMISS it ' ' " Defendant(s) AT tnat ah0V2 dcaftci 3Ctliet1 be /, (./.• • Dated: Signature 41-1-1, 1 Title or Capaci [ ] ALLOWED [ I DENIED CLS: 10-5-00 Clerk/Asst. Clerk-IVIagistrate COMMONWEALTH OF MASSACHUSETTS HOUSING COURT WESTERN DIVISION NORTHAMPTON BD. OF HEALTH Plaintiff No . 06-PC-00298 TYNAN POWER Defendant NOTICE OF 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, November 20, 2006 . Date : November 06, 2006 ECMS : SCH-REVIEW Robert G. Fields Clerk Magistrate THE TRIAL COURT COMMONWEALTH OF MASSACHUSETTS HOUSING COURT DEPARTMENT WESTERN DIVISION CASE NO.a U/-P -&& 29f V3. [ ] MOTION FOR ISSUANCE OF A CRIMINAL COMPLAINT MOTION TO CONTINUE THIS CASE TO: //P%� AT / . dZ [ ] MOTION TO DISMISS [ ] MOTION FOR THE ISSUANCE OF A NOTICE OF WARRANT FOR [ ] MOTION FOR THE ISSUANCE OF A WARRANT [ ] OTHER: On behalf of the Plaintiff(s), the undersigned asks that the above indicated action be taken in this case for the following reason(s): r/D ir l G xv D ° V /7M, 1T . 41 Defendant(s) L i' Dated: /// o7/26f6 [ ] ALLOWED CLS: 10-5-00 [ ] DENIED Signature 1/14k 4 Title or Capacity Clerk/Asst. Clerk-Magistrate 17 ie, ;d to show you the status of the property at 1280 Burt's Pit Road. They never winterized the pool, and this it looks like today. They also have more vehicles as well as a sofa covered with a rug in the front yard. do not allow this to continue all spring and summer. you, 'amposeo 3urt's Pit Road ice, MA 01060 #) 582-0501 Li Li 1111 05/09/2003:. tie Mathieu <emathieu anorthamptonma.guv>wrote: on, ive a court order to winterize and cover it by 11/6/06 or take it down. If you email me your mailing address I will send you a y. ie '-1213 -ori Camposeo [mailto:Icamposeo @yahoo.com] londay, October 16, 2006 6:55 PM fie Mathieu t: Re: FW: e, >the status at this point? Was there a hearing? There has not been any improvement with the pool. Vfathieu <emathieu anorthamptonma.gov>wrote: Y-Ernie Ernie Mathieu =riday, September 29, 2006 11:02 AM ianpower @yahoo.com' fiber 29, 2006, ye, inspection of 1280 Burt's Pit Road on 09/28/06 has revealed that the lawn has been mowed but the swimming pool s still stagnant and green with algae which is conducive to a breeding ground for mosquitoes,thus creating public nuisance. Therefore, you have not complied with all of the orders in the letter sent to you dated August 7, 2006. minding you that your mother is scheduled for a show-cause hearing in Housing Court on 10/02/06 at 9:00am located 'ionic Street in Northampton. If she or you as her representative do not appear I will request that a Criminal Complaint ied by the court for strict orders, action, and possible fines. ely, J. Mathieu Director n the know. Pulse on the new Yahoo.com. Check it out. ...imagining that irresistible "new car" smell? c out new cars at Yahoo! Autos. BOARD OF HEALTH MEMBERS OFFICE OF THE BOARD OF HEALTH SEMARIE KARPARIS,R.N.,MPH ITHI SCRIMGEOUR,MHO,CHES JAY FLEITMAN,M.D. STAFF est J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health I Meczywor,R.S.,Sanitary Inspector la Abbott,R.N.,Public Health Nurse May 8, 2007 Tynan Powers 1280 Burts Pit Road Florence, MA 01062 CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1213 FAX(413)587-1221 RE: Complaint- 1280 Burts Pit Road- Swimming Pool, Furniture on Front Lawn, etc. Dear Mr. Powers; Please be advised that this office has received a complaint regarding the conditions of the exterior of your property located at 1280 Burts Pit Road. An inspection was made May 5, 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(S): EXTERIOR GROUNDS 1. Swimming Pool was not covered or winterized over the winter. It is not full of stagnant water and is a mosquito breeding ground with the warm weather approaching. 2. There is a sofa and a rug in the front yard. This is a possible harborage area for animals and vermin. Below are photos taken of the property from the street and the abutting neighbors ro.ert Pace 2 You are hereby ordered to correct or eliminate these violations in accordance with M.G.L.. CHAPTER Ill, SECTIONS 122 TO 125A, ABATEMENT OF NUISANCES The conditions, which exist,may permit the occupant of the dwelling or business to exercise one or more statutory remedies. ORDER: Swimming pool pump and filter must be in place operating and the pool water to be chemically treated no later May 21,2007. Sofa and rug must be removed from front yard no later May 21, 2007. Please call me at 413-587-1213 or 413-563-6680 if you wish to discuss the orders and the complaint with me and to formulate an acceptable plan to correct the violations. Failure to comply with order may result in legal action to peruse compliance. Thank you for your anticipated attention in this matter and it is imperative that you call me soon. Sincerely, Ernest J. Mathieu, R.S., M.S., C.H.O. Director of Public Health e-mail: emathieu @northamptonma.gov Mathieu act: Tynan Power[tynanpower@yahoo.comj Friday, May 18, 2007 11:19 AM Ernie Mathieu 1280 Burts Pit Rd. Mathieu, ceived your letter a while ago about the property. noted that there was a couch on the front lawn. It was outside because it required 4 is to get it inside, and I had to remove it from my mother's house when it was sold. gas moved inside the day after I got your letter. rding the pool, last year our legal agreement was that I was to begin pool maintenance lay. In accordance with that, at the beginning of May, I had the filter set up and ling intermittently, I had acquired the chemicals to open the pool, and I had started ,ring it. You came by to inspect on May 5th, which seems like jumping the gun by quite t. iad that you received a complaint from my neighbors, again, and I'd like to point that t that they have repeatedly lied to you telling you that the pool cover was inside the . (it never was) and that we never used the pool (untrue) and now that it was not 'erized (?!?! ) . pool has had the filter running and is chlorinated. It's not entirely clear yet, but filter continues to run and I continue to change the filtering sand at least once a to help it filter more effectively. I've also been testing the pool water daily and ing chemicals as needed. My neighbors who are so attentive to my property should be to verify that, since I'm out there every single day often with help, working on it. guess is—h"y w„nld nnt verify .- .- o .letely blind to any good t I'm trying to do. awhile THEY have not even uncovered their pool yet. on't know what business they have complaining about the fact that I was on top of ngs earlier in the season than they are. y are clearly harassing me as I've now gotten an "anonymous" note from them (on tionary that named their employer, which is in one of their email resses) saying they were going to call the SPCA because my dog was left outside one day son forgot to bring her in when he took her out before school, and I wasn't home. . .yes errible thing for the dog but there's hardly need to call the SPCA when something like t happens *once*) , and I've now also gotten a notice from the zoning board complaining unregistered cars, which I had already taken up with Mr. Hasbrouck last year and ered my cars. The wind keeps blowing the covers off and I keep recovering them. doing my best here, and I'm really getting angry at the hostility I'm dealing with m the neighbors. they're trying to force me to move, which is exactly what I believe they're doing, :y're not going to have much luck with that. As I keep pointing out, the house doesn't ong to me; it's Dart of my mother's estate which is still in probate. As long as it's probate, I'm the one who they're going to have to deal with as a neighbor. 'o 06O JgwV ' %iol� ref 1.0e4-5r;rtY Power Need a ration? Get great deals to amazing places on Yahoo! Travel. to://travel.yahoo.com/ Mathieu ct: Ernie Mathieu Monday, June 11, 2007 1:21 PM 'Tynan Power' RE: 1280 Burls Pit Rd. 052207 Ty, se send me an email when the swimming pool water is clear. < you, • Mathieu -Original Message : Tynan Power tmailto aynanpower @yahoo.com] : Monday, June 11, 2007 1:00 PM Ernie Mathieu ect: RE: 1280 Burts Pit Rd. 052207 t the filter running again today (the breaker had flipped, so it wasn't mechanical the filter) . I also just added 4 pounds of shock. I'll get the water tested tomorrow see what else I need to add at that point. Ernie Mathieu <emathieu @northamptonma.gov> wrote: ne 11, 2007 ar Tynan, ank you for informing me of the lawn getting mowed. How is the ogress of getting the pool water clear and algae free by June 15, '07? tank You, 'nest Mathieu !alth Director ---Original Message Thom: Tynan Power [mailto:tynanpower @yahoo.com] Ant: Sunday, June 10, 2007 2:55 PM A: Ernie Mathieu Abject: RE: 1280 Hurts Pit Rd. 052207 le lawn is mowed r -- Ernie Mathieu <emathieu @northamptonma gov> rote: June 7, 2007 Tynan Power 1280 Burt's Pit Road Florence MA 01062 Dear Tyrone, 'he last time I wrote you I requested that you mow your lawn a least •very 10 days. Below are photos of it taken on ,e 2007, that ndicated you are not mowing your lawn as needed. he swimming pool cater is stagnant with green algae again. Your neighbors and I feel :hat we are going through the same scenario this year fou not maintaining tour property as we did with you last year. The Board of Health, acting under MGL Chapter 111, Sections 121-127, and apter 2, 105 CMR 410.500, iereby orders you mow your entire lawn by June 10, 2007 and the make the Swimming Pool water clear and stagnant free before June 15, 2007. Below are the photos taken: Under authority of ARTICLE II, 105 CMR 410.000, MINIMUM STANDARDS FOR HUMAN HABITATION AND M.G.L. , CHAPTER 111, SECTIONS 122 TO 125, ABATEMENT OF NUISANCES, you are hereby ordered to make a rod faith effort to CORRECT THE FOLLOWING VIOLATION(S) BY THE DEADLINE DATEDS IN THE ABOVE PARAGRAPH AS INDICATED IN THE ORDER AND NOTIFY IIS OFFICE AT 587-1213 WHEN ALL VIOLATIOS ARE CORRECTED. IMPORTANT NOTE: PLEASE NOTIFY THIS OFFICE AT 587-1214 WHEN ALL OF THE VIOLATIONS ARE CORRECTED TO ARRANGE FOR A RE-INSPECTION. IF ALL THE VIOLATIONS ARE NOT FOUND TO BE CORRECTED AT THE TIME OF THE RE-INSPECTION AND ANOTHER RE-INSPECTION IS REQIRED, THERE WILL HE A $75.00 RE-INSPECTION FEE FOR EACH RE-INSPECTION REQIRED. Should you be aggrieved by this order, you have he 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 ithin seven (7) days of • receipt of this order. At said hearing, you will ie 2 iven an opportunity o be heard and to present witnesses and :umentary !vidence as to why his order should be modified or withdrawn. You Fe :he right to be represented by an attorney. You may contact this rffice to inspect and rbtain copies of all relevant inspection or _nvestigation reports, rzders, notices and other documentary information relative to this property. If these premises are occupied as rental -lousing, the accupants are entitled to their statutory rights remedies. Please feel free to contact the Board of Health office, at 587-1213, if you have any questions concerning this matter. ank you for your anticipated cooperation in this matter. This inspection report is signed and certified under the pains and penalties of perjury. Sincerely, Ernest J. Mathieu Ernest J. Mathieu, R.S. , M.S., C.H.O. Director of Public Health EMAIL: emathieu @northamptonma.gov ick sense of humor? Visit Yahoo! TV's omedy with an Edge to see what's on, when. ttp://tv.yahoo.com/collections/222 3 .he free Yahoo! toolbar and rest assured with the added security of spyware ction. //new.toolbar.yahoo.com/toolbar/features/norton/index.php 007 1 please find pictures of the pool and lawn at 1280 Burt's Pit Road. Tyron has not treated the pool since May 20th the re your last deadline. The color is green and we assume it is loaded with mosquitoes and possibly frogs. The mosquito on is getting unbearable here. We are getting eaten alive when trying to get our outside projects done. The Hagues on r side of 1280 have a pool and can not use as they would like because of the mosquitoes. When I spoke to them last night, Hague said that they had people at their house comment how bad the infestation was. We too have had family visit,and :o retreat in the house. as not attempted to cut the lawn since May 20th either. He cut a portion in the back on May 20th,then stopped. m are frustrated about these conditions. Is there a way you can insist that they remove the pool if they aren't treating it? tot want another spring/summer season that we cannot enjoy using our back yards. again appealing for something to be done about this problem. you, d Jim Camposeo 2007 e, mt this to the wrong e-mail address. I can't find the copy of the original agreement you had with Tynan,but we are led that he isn't honoring it or the most recent agreement he made with you. Not only is he not treating the pool,the grass towed and there is a third car in the yard that is possibily an unregistered vehicle. you, Imposeo orwarded message attached. Page 1 of2 Ernie Mathieu From: Ernie Mathieu Sent: Friday, June 08, 2007 2:34 PM To: Tynan Power' Subject: RE: 1280 Burls Pit Rd. 052207 ne 7,2007 man Power 80 Burt's Pit Road orence MA 01062 ar Tyrone, to last time I wrote you I requested that you mow your lawn a least every 10 days. Below are photos of it taken on lune 6, )07,that indicated you are not mowing your lawn as needed. The swimming pool water is stagnant with green algae again. our neighbors and I feel that we are going through the same scenario this year of you not maintaining your property as we d with you last year.The Board of Health,acting under MGL Chapter 111,Sections 121-127,and Chapter 2, 105 CMR 10.500,hereby orders you mow your entire lawn by June 10.2007 and the make the Swimming Pool water clear and agnant free before June 15.2007.Below are the photos taken: Under authority of ARTICLE II,105 CMR 410.000.MINIMUM STANDARDS FOR HUMAN HABITATION AND M.G.LSHAPTER 111.SECTIONS 122 TO 125.ABATEMENT OF NUISANCES,you are hereby ordered to make a good faith effort to CORRECT THE FOLLOWING VIOLATION(S)BY THE DEADLINE DATEDS IN THE ABOVE PARAGRAPH AS INDICATED IN THE ORDER AND NOTIFY THIS OFFICE AT 587-1213 WHEN ALL VIOLATIOS ARE CORRECTED. IMPORTANT NOTE: 6/8/2007 rage G or2 te EASE NOTIFY THIS OFFICE AT 587-1214 WHEN ALL OF THE VIOLATIONS ARE IUUND TO BE CORRECTED FAT HE RE-INSPECTION. IME OF THE RE-INSPECTION AND ANOTHER RE- SPECTION ISREQI2ED,THERE WILL BE A$75.00 RE-INSPECTION FEE FOR EACH RE- SPECTION RE2RED. ould you be aggrieved by this order,you have the right to request a hearing before the Board of Health.A request must be :dived in writing to the office of the Board of Health within seven(7)days of receipt of this order.At said hearing,you will given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be adified or withdrawn.You have the right to be represented by an attorney.You may contact this office to inspect and tamp copies of all relevant inspection or investigation reports,orders,notices and other documentary information relative to is property.If these premises are occupied as rental housing,the occupants are entitled to their statutory rights and medies. ease feel free to contact the Board of Health office,at 587-1213,if you have any questions concerning this matter.Thank u for your anticipated cooperation in this matter.This inspection report is signed and certified under the pains and penalties -perjury. incerely, mest I.Mathieu,A.S.,M.S.,C.H.O. ■irector of Public Health MAIL: emathieu @northamptonma.gov 6/8/2007 Page 1 010 Ernie Mathieu From: Charlie Hague [gchague @icsrepgroup.coml Sent: Tuesday, June 12, 2007 10:44 AM To: Ernie Mathieu; 'Lori Camposeo' Subject: RE: 1280 Buds Pit Rd. 061107 nie r finished cutting the grass on Sunday. Lori said the pool water is still green. I do not understand why Ty is even attempting to refurbish the water. iey have used the pool only once, for a couple of days,two or three summers ago.That is the ONLY time they we ever used the pool.Why bother? Does Ty know that there are other acceptable options? Close the pool 3rmanently or sell it. A buyer would probably agree to drain and disassemble the pool? le also will keep you posted. Regards, Charlie rem: Ernie Mathieu [mailto:emathieu @northamptonma.gov] ent:Tuesday, June 12, 2007 10:20 AM o: Lori Camposeo Ic: gchague @icsrepgroup.com subject: RE: 1280 Burts Pit Rd. 061107 on-Thank you very much! 'rem: Lori Camposeo [mailto:lcamposeo @yahoo.com] lent: Tuesday,June 12, 2007 6:42 AM ro: Ernie Mathieu ;object: Re: 1280 Burts Pit Rd. 061107 -Ii Ernie, Cy did mow his lawn. The pool this morning is still green. We will continue to keep you posted. Lori Ernie Mathieu <emathieu fnlorthamptonma.gov>wrote: June 11, 2007 Dear Lori and Charlie, Here is an update. Are his reports to me accurate? Thank You, Ernie Mathieu,Health Director 587-1213 6/12/2007 rage.1 01o ----Original Message -rom. Ernie Mathieu ient: Monday, June 11, 2007 1:21 PM fo: Tynan Power' ;ubject: RE: 1280 Burts Pit Rd. 052207 Dear Ty, Please send me an email when the swimming pool water is clear. Thank you, Ernie Mathieu Original Message From: Tynan Power[mailto:tynanpower@yahoo.com] Sent: Monday, June 11, 2007 1:00 PM To: Ernie Mathieu Subject: RE: 1280 Burts Pit Rd. 052207 I got the filter running again today (the breaker had flipped, so it wasn't mechanical with the filter). I also just added 4 pounds of shock. I'll get the water tested tomorrow and see what else I need to add at that point. Ty --- Ernie Mathieu wrote: >June 11, 2007 >Dear Tynan, >Thank you for informing me of the lawn getting >mowed. How is the >progress of getting the pool water clear and algae > free by June 15, >2007? >Thank You, >Ernest Mathieu >Health Director > Original Message >From: Tynan Power [mailto:tynanpower @yahoo.com] > Sent: Sunday,June 10, 2007 2:55 PM >To: Ernie Mathieu > Subject: RE: 1280 Burts Pit Rd. 052207 >The lawn is mowed. >Ty >--- Ernie Mathieu >wrote: 6/12/2007 rage .) 01 o >June 7, 2007 >>Tynan Power >> 1280 Burt's Pit Road >>Florence MA 01062 > >Dear Tyrone, >>The last time I wrote you I requested that you mow > >your lawn a least >> every 10 days. Below are photos of it taken on > June >> 6,2007, that >>indicated you are not mowing your lawn as needed. > >The swimming pool >>water is stagnant with green algae again. Your >>neighbors and I feel that >>we are going through the same scenario this year >of >>you not maintaining >>your property as we did with you last year. The >>Board of Health, acting > under MGL Chapter 111, Sections 121-127, and >Chapter >>2, 105 CMR 410.500, >>hereby orders you mow your entire lawn by June 10, >>2007 and the make the >>Swimming Pool water clear and stagnant free before >>June 15, 2007. Below >>are the photos taken: 6/12/2007 rage 4oro >>Under authority of ARTICLE II, 105 CMR 410.000, >>MINIMUM STANDARDS FOR >>HUMAN HABITATION AND M.G.L.,CHAPTER 111, SECTIONS >> 122 TO 125,ABATEMENT >> OF NUISANCES, you are hereby ordered to make a >good >> faith effort to >CORRECT THE FOLLOWING VIOLATION(S)BY THE DEADLINE > >DATEDS IN THE ABOVE >>PARAGRAPH AS INDICATED IN THE ORDER AND NOTIFY > THIS >> OFFICE AT 587-1213 >>WHEN ALL VIOLATIOS ARE CORRECTED. » >>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 REQIRED, THERE WILL BE A $75.00 >>RE-INSPECTION FEE FOR >>EACH RE-INSPECTION REQIRED. >> 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 6/12/2007 rage j 01 >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. > >Please feel free to contact the Board of Health >>office, at 587-1213, if > >you have any questions concerning this matter. >Thank > >you for your >>anticipated cooperation in this matter. This > >inspection report is signed >>and certified under the pains and penalties of > >perjury. > > Sincerely, >>Ernest L Mathieu >>Ernest L Mathieu,R.S.,M.S., C.H.O. >>Director of Public Health >>EMAIL: emathieu @northamptonma.gov 6/12/2007 Date: 94.0e I Time: a'.39 p.m I Map: (Parcel: Name of Complainant: Ch an I,-. 14 4�.,.._ Address- I a.q a- Our-Fs P;+ Rd. Tel: 51,4-15 IL 3Y�L i�t�t,'tr NATURE OF COMPLAINT: 1-6-:".., mu i3h bo... .has. an. `a.bovc round pool- 1-ho-4- u. iJI in, w pw..b ancL k.y -II not w.d it u. 21JVAJIOA. off'. Th... C- alo} O A-Fund Cell ustn.Lund. JW L °" fErnb ls..bns.dinl round -Boy nnosbu4:o3. Milt co.;-I-r wt., to ix. }hy■ft.own bgohs.jond4 CJ is..00 be - • QAeo +k.. "ma- us 4o high concnn.draaou+ rooisv..L.s. Location: Ia-8o Bui4s P,-- Rd Owner: Address: ITeI: Taken by: I Date of Inspection: I Time: 11 MET +J r{,,vl ttir z-co-r..,. w..*-U✓ INSPECTOR'S REPORT: Loma O..u1.Rit_ oR 15 51-kQ oN i//ct. J rx -h_c{ Q Wk._ w„ L� Bp Clow./ ' I m j°')5 Jbimvi P1iomi.i ta€i .,.yea' , Action Taken: 1U— Ins O Date: -A-0 !Time: 4',IZ A+A 1Map: Parcel: Name of Complainant: 1,,,ti Corp o 5E O Address: 1268 Rural V (2_9 ' Tel:;Q6-(5 gI NATURE OF COMPLAINT: "D-t�.y s,t.L. kAvs N)O "TArsni cftte e,f- -f.Ccsic »ML P& Pock_ -R-rat€ Ls SSNJOib'& "-' a tn-C CT's J■.s"i 812-CE-010' 6& a k u os. ->%iGy Pstg.-1k Vk_ot-a r^ , vC -1 sS Pv-p It LS N co'° .'nl"R.4Z,T r'C,,2 0,00,-- l Location: IZ8o 13Ln A P+ gas n Owner: 1 yN-kN 9w..Nt —4xe<..�uCL Address: !Tel: Taken by: !Date of Inspection: q-01-01 Time: )o:et2 INSPECTOR'S REPORT: rn.> t 15w-rcu 9o. t pv•n i+.. -4J•SO Mgr 1\r. eGOL Wl IL:- I3E a-cV,leet4 OOwN Wn-NisN 1C.) L,e,,,..N w�L� i3C (.1o�.0D �r✓ 3 ANIL Action Taken: _I 0v, -q�% G.k cr kb e o Signature. O