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171 Complaints 2003-2004 • BOARD OF HEALTH MEMBERS RICHARD P.BRUNSWICK,M.D., MPH,Chair ROSEMARIE KARPARIS,R.N.,MPH JAY FLEITMAN,M.D. PETER J.McERLAIN,Health Agent (413)587-1214 FAX(413)587—1264 CITY OF NORTHAMPTON MASSACHUSETTS 01060 OFFICE OF THE BOARD OF HEALTH 210 MAIN STREET NORTHAMPTON,MA 01060 NOTICE TO ABATE A NUISANCE DATE: 11-14-03 ADDRESS Mr. James Tacy 171 Crescent St. Northampton MAP: 24D PARCEL: 281 As owner of 281 Crescent St. you are hereby notified to take action to remedy the conditions named below within seven (7) days of the service of this notice, according to Massachusetts General Laws, Chapter 111, sections 122 - 125: )emolition waste (including concrete and cinder blocks) has been dumped over :mbankment at the rear of your property. Some material has been buried with clean fill. • Cease the dumping of demolition material • Remove and properly dispose of the demolition material within seven days of the receipt of this notice. :f at the expiration of time allowed these conditions have not been remedied, or are not in the rocess of being remedied, suchTufher action will beTaken as the law requires and a fine of 1000.00 for each offense may be charged. By order of the Northampton Board of Health CERTIFIED MAIL # 7003 0500 0005 2476 5493 This abatement order is signed and certified under the pains and penalties of perjury. Peter J. McErlain Health Agent Northampton Board of Health Date: 7/0D3 I Time: I Map: ?1 `) Parcel: 1 Name of Complainant Address: ,44Cj Tel: NATURE OF COMPLAIN Nj: E'"+` �^'e'V F i j 694-1LCA) /07—4 r ,LCA[y' v fR-w - — Location: . p n.p-wx-�w- Owner: ..rrWW Address - - --- ITel:516-Cy6 AP, Taken by: / I Date of Inspection: 7 r/63. I Time: //:d1-) INSP CTOR'SREPORT: Action Taken: Inspector Signature Date: it-/54-ii I Time: Map: -74D Parcel .. Name of Complainant 424)6 Address /07. // , / s1 /1/ Tel ,?/O NATURE OF COMPLAINT: J Location: (& ,17 i _ eur' A°'G S-4 Owner: .1 T Address /7/ .� Tel: t / Taken by: i/GLc_ Oa I Date of Inspection: /t--(.f_U3 Time: (/;[/s INSPECTOR'S PORT: `" 'tiwlN /7/ C'a-a,C,c-•tip's Action Taken: '7 ptaL-LY Inspector Signature O GE 1 7/08CO3 11I24.I0 NI COMMERCIAL/INDUSTRIAL PROPERTY RECORD CARD NORTHAMPTON, MASSACHUSETTS EFFECTIVE DATE OF VALUE: JANUARY 1, 199E PARCEL ID: 24D-291-001 00171 CRESCENT ST PLAT: Living Units 5 Class: A 111 Lard if 1 of 1 CURRENT OWNER/ADDRESS ZONING: URB Neighborhood 11.00 FINAL VALUE FLAG: INCOME VALUE 'LACY JAMES J LAND DATA -ASSESSMENT INFORMATION- 171 CRESCENT ST TYPE SIZE INFLUENCE FACTORS LAND V9AL23 PRIME SITE 16415 0 pR10R COST INCOME CURRENT NORTHAMPTON MA 01060 LAND ########## 92,230 BLDG 148,2004NIIi„MMMMM 170,290 113,670 TOTAL 250,000EN44444106 265,900 265,900 SALES INFORMATION DEED BOOK: 5291 TOTAL ACREAGE: 0.377 TOTAL LAND VALUE: 92,230 DATE TYPE PRICE VALIDITY DEED DATE: 290 DEED DATE: LAST UPDATE: % 2G07/ ATTACHED IMPROVEMENTS COST APPROACH DETAIL: TYPE M1 M2 M3 #UNITS LEVELS USE E WALL HEATING A/C AREA SF RATE RCN t GD RCNLD RP5 80 1 1 81 TO 81 86 NONE NONE 1160 20.88 24.230 50 12,110 RP5 56 1 2 01 TO 01 11 FRAME HOT AIR NONE 1160 72.04 83,560 .60 50,130 RP7 80 1 1 02 TO 03 11 FRAME HOT AIR NONE 1160 137.12 159,070 .60 95,440 RP4 80 1 1 'T'O NONE NONE RP7 60 1 1 TO NONE NONE TO NONE NONE TO NONE NONE TO NONE NONE BUILDING # 1 198,250 YEAR BUILT 1900 TOTAL UNADJ RCN 4 UNITS 5 TOTAL UNADJ.RCNLD 170,290 QUALITY GRADE O. GRADE FACTOR 1.08 4 IDENT UNITS 1 p 0 EFFICIENCIES FUNC/ECON FACTOR 1.00 10 103310 8 1-BEDROOMS 4 RCNLD 170,290 if 2-BEDROOMS 1 8 111112 8 R 3-BEDROOMS OUTBUILDING/YARD ITEM DETAIL: 10 DESCRIPTION WIDTH LENGTH QUAN. YEAR PHYS. FUNC. t GD VALUE OR SIZE BUILT COND. UTNL. NONE NONE NONE NONE • NONE NOME NONE NONE 38 NONE NONE NONE NONE OTHER IMPROV 30 TOTAL OBY/YARD VALUE: INCOME APPROACH SUFPNRYI. TOTAL RENTABLE SQUARE FEET'. INCOME ADJUSTMENT 5 10 10 • B 2 32 2 8 INCOME INDICATED VALUE: '377 Date: D3/,24/)(i I Time: W ,L Map: Parcel: Name of Complainant: /Ay�/� �//°(, Address: (d 9 Llv' "KOKJ Tel:j l-u (17/, i NATURE OF COMPLAINT:. Location: / / '1.,�/ (((///�� '3 Owner: / /� Address: � (/, Tel: Taken by: . , I Date jV�%l� 3 o5 31 L 'Time: L\��L 1 lo;InsCTOR'S I) iii 43in . > -it , Air- 7/9/617 —t 4 B A. / _ , , Ac Takgq/1A. .N` o _ / 0 f' ll"/'J/� /J 6 spector Signature L_i at ce4 z5 0 Date: d�l,24(0 y I Time: et ,Z.. I Map: 'Parcel: Name of Complainant (/Jlvfdn //� Address. (o9 .4(n e 1 Tel:S 'o / NATURE OF COMPLAINT:. - a 1'71 Gvd _ i � //ipm `� i ' Cite ) Location: / / htaI --(rfr Owner; [ V / Address• I Tel: Taken by: I Date of Inspection:1)15'YL1 1 4 11,11 I Time: M N I` 1 Alit I -PECTOR'S REP RT. 44in4 r tr,/ 11422.64/40-4-, 1 ii, 7,00 ,'v / �"0 (4, Action k L..... y1 CO 9 Pva- 'A Spector Signature �1 L March 29, 2004 Dear Mr.Matthew: I am a resident at 107 Franklin Street. I am concerned about material that the neighbor abutting me to the rear is throwing over the hillside. It is a mixture of dirt and what look like various building materials including large cement pieces. I am concerned about potential health issues as well as safety issues. I am unsure as to the safety of the material itself, its effect upon runoff upon neighboring properties as what was the original hillside is pushed out, the effects on trees and ground water. The neighbor's property is actually at 169 Crescent St.; owner is James Tacy. I hope that you can inspect this soon as Mr. Tacy may well throw dirt over the currently exposed other material. I would welcome being able o be present when you come. The situation can well be seen from my property. I look forward to hearing from you soon. Thank you, Linda Aird 586-4310 (please leave try here first) 587-1508 (PM if no answer above) 04/05/04 2:39:20 PM PAGE 1 COMMERCIAL/INDUSTRIAL PROPERTY RECORD CARD NORTHAMPTON, MASSACHUSETTS EFFECTIVE DATE OF VALUE: JANUARY 1, 1998 PARCEL ID: 24D-281-001 00171 CRESCENT ST PLOT: Living Units: 5 Class: A 111 Card F 1 of 1 CURRENT OWNER/ADDRESS ZONING: URB Neighborhood 11.00 FINAL VALUE FLAG: INCOME VALUE TACY JAMES J LAND DATA -ASSESSMENT INFORM4TION- 171 CRESCENT ST TYPE SIZE INFLUENCE FACTORS LAND VALUE PRIME SITE 16415 174,810 PRIOR COST INCOME CURRENT 174,810 NORTHAMPTON MA 01060 ggqqpgkgNpppqpqqqqgg LAND TOTAL 265,900######HHHH 349.900 349,900 SALES INFORMATION DEED BOOK: 5291 TOTAL ACREAGE: 0.377 TOTAL LAND VALUE: 174,810 DEED PAGE: 290 DATE TYPE PRICE VALIDITY DEED DATE: LAST UPDATE: % 2D+07/ ATTACHED IMPROVEMENTS COST APPROACH DETAIL: TYPE M1 M2 M3 #UNITS LEVELS USE E WALL HEATING A/C AREA SF RATE RCN % GD RCNLD RP1 80 2 81 TO 51 86 NONE NONE 1160 20.88 24,230 .50 12,110 RP1 60 1 01 TO 01 11 FRAME HOT AIR NONE 1160 74.70 86,650 .60 51,980 RP7 80 1 02 TO 03 11 FRAME HOT AIR NONE 1160 137.12 159,070 .60 95,440 RP4 80 1 TO NONE NONE RP7 60 1 TO NONE NONE RP5 60 1 TO TO NONE NONE TO NONE NONE BUILDING # 1 YEAR BUILT 1900 TOTAL UNADJ RCN 149,970 QUNITS 5 TOTAL UNADJ.RCNLD 191 440 UALITY GRADE C+ GRADE FACTOR Los # IDENT UNITS 1 EFFICIENCIES FUNC/ECON FACTOR 1.00 10 ic42•0 1-BEDROOMS 4 RCNLD 191,440 2-BEDROOMS 1 8 1 1211 8 3-BEDROOMS OUTBUILDING/YARD ITEM DETAIL: 10 DESCRIPTION WIDTH LENGTH QUAN. YEAR PHYS. FUNC. % GD VALUE OR SIZE BUILT COND. UTIL. NONE NONE NONE NONE NONE NONE NONE NONE 30 NONE NONE NONE NONE OTHER IMPROV 30 TOTAL OBY/YARD VALUE: INCOME APPROACH SUMMARY: TOTAL RENTABLE SQUARE FEET: INCOME ADJUSTMENT 125 10 10 �2 12 21 INCME INDICATED VALUE: .377 THE TRIAL COURT COMMONWEALTH OF MASSACHUSETTS HOUSING COURT DEPARTMENT WESTERN DIVISION CASE NO. d -TV `oOSS'' I: tar Defendant(s) [ ] MOTION FOR ISSUANCE OF A CRIMINAL COMPLAINT [ ] MOTION TO CONTINUE THIS CASE TO: AT [X] 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): / rind it zaaV Dated: Or [ ] ALLOWED [ ] DENIED CLS: 10-5-00 Signature Title or pacity Clerk/Asst. Clerk-Magistrate BOARD OF HEALTH OFFICE OF THE MEMBERS CHARD P.BRUNSWICK,M.D.,MPH,CHAIR ROSEMARIE KARPARIS,R.N.,MPH JAY FIEITMAN,M.D. STAFF Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health tichard Meczywor,R.S.,Sanitary Inspector Patricia Abbott,R.N.,Public Health Nurse Madeline Heon,Clerk April 5,2004 James J.Tacy 171 Crescent Street Northampton,MA 01060 BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 Re:Illegal Dumping —Rear of Property 171 Crescent Street Dear Mr. Tacy 212 MAIN STREET NORTHAMPTON,MA 01060 On March 31,2004,this office inspected your property regarding a complaint of illegal dumping which has occurred on the property of 171 Crescent Street in Northampton, owned by you. Listed below is a description of the violation(s)observed and the Law which von are in violation with: Illegal dumping of solid waste consisting of unclean fill such as slate,cement blocks,metal pipes,plastic trash bags,yard waste and other debris. You are in violation of Section 150A of Chapter 111 of the Massachusetts General Laws (Establishment and Operation of Refuse Disposal Facilities)which states in part"No place, in any city or town shall be established or maintained or operated by any person as a site for a facility,unless such place has either been assigned by the Board of Health of such city or town as a site for a facility after a public hearing". "A Facility shall not be constructed or operated unless the proposed use and plans or design thereof have been approved by the Department". The Department's Regulations for the Disposal of Solid Waste by Sanitary Landfill(310 CMR 19.00)defines Rubbish as combustible or noncombustible solid waste material,including but not limited to such material,as wood,tree branches,yard trimmings,grass clippings,metals,construction wastes,street sweeping and any unwanted or discarded materials. •Pagel (413)587-1214 FAX(413)587-1221 PAGE 2 Shown below are photo's taken during the inspection: • Page 2 PAGE 3 You are hereby ordered to take the following course of action to correct the violation(s): (1) Further dumping of any material shall cease immediately. (2) Notify any other persons dumping(if any)that no further dumping will be permitted. (3) Contact this office at 413-587-1214 upon receipt of this letter with your intentions to make arrangements to begin clean up of this site by removing the materials. (4)Remove all the materials by May 15,2004. Provide written proof of where the material is being disposed of. (5) Stabilize embankment to prevent erosion or water run off by placing loam and seed. Cover area with hay until grass is present. If you fail to take any action by the prescribed deadline and fail to remain in compliance in the future with the requirements applicable to you, you could be subject to this Board of Health taking legal action against you in order to gain compliance. Your cooperation in this matter will be greatly appreciated. If you have any questions,please feel free to contact me. Sincerely, Ernest J. Mathieu,R.S.,M.S.,C.H.O. Director of Public Health Certified Mail 7003 0500 0005 2476 5622 I Page 3 BOARD OF HEALTH OFFICE OF THE MEMBERS HARD P.BRUNSWICK,M.D.,MPH,CHAIR ROSEMARIE KARPARIS,R.N.,MPH JAY FLEITMAN,M.D. STAFF Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health chard Meczywor,R.S.,Sanitary Inspector 'atricia Abbott,R.N.,Public Health Nurse Madeline Heon,Clerk April 5,2004 James J.Tacy 171 Crescent Street Northampton,MA 01060 BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 Re:Illegal Dumping —Rear of Property 171 Crescent Street Dear Mr. Tacy 212 MAIN STREET NORTHAMPTON,MA 01060 On March 31,2004,this office inspected your property regarding a complaint of ille dal dumping which has occurred on the property of 171 Crescent Street in Northampton, owned by you. (413)587-1214 FAX(413)587-1221 Listed below is a description of the violation(s)observed and the Law which you are in violation with: Illegal dumping of solid waste consisting of unclean fill such as slate,cement blocks,metal pipes,plastic trash bags,yard waste and other debris. You are in violation of Section 150A of Chapter 111 of the Massachusetts General Laws (Establishment and Operation of Refuse Disposal Facilities)which states in part"No place, in any city or town shall be established or maintained or operated by any person as a site for a facility,unless such place has either been assigned by the Board of Health of such city or town as a site for a facility after a public hearing". "A Facility shall not be constructed or operated unless the proposed use and plans or design thereof have been approved by the Department". The Department's Regulations for the Disposal of Solid Waste by Sanitary Landfill(310 CMR 19.00)defines Rubbish as combustible or noncombustible solid waste material,including but not limited to such material,as wood,tree branches,yard trimmings,grass clippings,metals,construction wastes,street sweeping and any unwanted or discarded materials. •Page 1 PAGE 2 Shown below are photo's taken during the inspection: PAGE 3 You are hereby ordered to take the following course of action to correct the violation(s): (1) Further dumping of any material shall cease immediately. (2) Notify any other persons dumping(if any)that no further dumping will be permitted. (3) Contact this office at 413-587-1214 upon receipt of this letter with your intentions to make arrangements to begin clean up of this site by removing the materials. (4)Remove all the materials by May 15,2004. Provide written proof of where the material is being disposed of. (5) Stabilize embankment to prevent erosion or water run off by placing loam and seed. Cover area with hay until grass is present. If you fail to take any action by the prescribed deadline and fail to remain in compliance in the future with the requirements applicable to you,you could be subject to this Board of Health taking legal action against you in order to gain compliance. Your cooperation in this matter will be greatly appreciated. If you have any questions,please feel free to contact me. Sincerely, Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health Certified Mail 7003 0500 0005 2476 5622 •Page 3 BOARD OF HEALTH OFFICE OF THE MEMBERS RD P.BRUNSWICK,M.D.,MPH,CHAIR OSEMARIE KARPARIS,R.N.,MPH JAY FLEITMAN,M.D. STAFF meat J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health ,rd Meczywor,R.S.,Sanitary Inspector icia Abbott.R.N.,Public Health Nurse Madeline Heon,Clerk REVISED: April 8,2004 April 5,2004 James J.Tacy 586-6451 171 Crescent Street Northampton,MA 01060 BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 Re: Illegal Dumping —Rear of Property 171 Crescent Street 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 Dear Mr. Tacy On March 31,2004,this office inspected your property regarding a complaint of illegal dumping which has occurred on the property of 171 Crescent Street in Northampton, owned by you. Listed below is a description of the violation(s)observed and the Law which you are in violation with: Illegal dumping of solid waste consisting of unclean fill such as cement and cement blocks, metal pipes,plastic trash bags, flower pots,wood,yard waste and other debris. You are in violation of Section 150A of Chapter 111 of the Massachusetts General Laws (Establishment and Operation of Refuse Disposal Facilities)which states in part"No place, in any city or town shall be established or maintained or operated by any person as a site for a facility,unless such place has either been assigned by the Board of Health of such city or town as a site for a facility after a public hearing". "A Facility shall not be constructed or operated unless the proposed use and plans or design thereof have been approved by the Department". The Department's Regulations for the Disposal of Solid Waste by Sanitary Landfill(310 CMR 19.00)defines Rubbish as combustible or noncombustible solid waste material,including but not limited to such material,as wood,tree branches,yard trimmings,grass clippings,metals,construction wastes, street sweeping and any unwanted or discarded materials. • Page 1 BOARD OF HEALTH OFFICE OF THE MEMBERS :OSEMARIE RARPARIS,R.N.,MPH JAY H EIrMAN,M.D. STAFF mestJ.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health and Meczywor,R.S.,Sanitary Inspector icia Abbott,R.N.,Public Health Nurse Madeline Neon,Clerk April 27,2004 James J.Tacy 169-171 Crescent Street Northampton,MA 01060 BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 Re: Illegal Dumping —Rear of Property-169-171 Crescent Street 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAx(413)587-1221 Dear Mr.Tacy, On March 31,2004,this office inspected your property regarding a complaint of illegal dumping which has occurred on the property of 171 Crescent Street in Northampton, owned by you. On April 8,2004,I sent you a revised letter with violations and correction orders.A copy of this letter is attached. I am also enclosing a copy of the letter that the former Director,Peter McErlain sent you with the same orders to clean up the site with the exception of the slate.A copy of this letter is attached. I trust that you will comply with the orders in the revised letter I sent you dated April 8,2004.Your cooperation in this matter will be greatly appreciated.If you have any questions,please feel free to contact me. If you fail to take any action by the prescribed deadline and fail to remain in compliance in the future with the requirements applicable to you,you could be subject to this Board of Health taking legal action against you in order to gain compliance. Sincerely Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health Enclosures Certified Mail 7003 0500 0005 2476 5639 •Page 1 Fm. James J. Tacy 169-171 Crescent Street Northampton, MA 01060 To; City of Northampton Board of Health 212 Main Street Northampton, MA 01060 Attn; Ernest Mathieu Re; Letter postmarked April 27, 2004 Date; May 13, 2004 Dear Sir; Upon receipt of your letter concerning the fill material at 169-171 Crescent Street the following action has been taken. 1. A registered land surveyor has been hired by me to ensure the exact location of boundaries. 2. Having done that and pins being set, I have hired a local contractor to remove the material mentioned in your letter. 3. 1 have met 2004. th the contractor and he will begin removing debris May 17, Upon completion of the removal I will notify you in writing and by telephone prior to seeding. Thank you very much James J. Tacy BOARD OF HEALTH MEMBERS IOSEMARIE KARPARIS,R.N.,MPH XANTHI SCRIMGEAUR JAY FLEITMAN,M.D. STAFF Invest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health and Mecrywor,R.S.,Sanitary Inspector ricia Abbott,R.N.,Public Health Nurse Madeline Heon,Clerk June 3,2004 OFFICE OF THE BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 James J.Tacy 169-171 Crescent Street Northampton,MA 01060 Re:Illegal Dumping —Rear of Property-169-171 Crescent Street 212 MAIN STREET NORTHAMPTON,MA01060 (413)587-1214 FM(413)587-1221 Dear Mr.Tacy, On June 3,2004,this office re-inspected your property regarding a complaint of illegal dumping which occurred on the property of 171 Crescent Street in Northampton,owned by you. On April 8,2004,I sent you a revised letter with violations and correction orders with a deadline date to have the site cleaned by May 15,2004 and as of yet no clean up has begun. Failure to begin clean up by June 7,2004,will result in filing a complaint in court to obtain a court order for you to take action. If you have any questions,please feel free to contact me. Sincerely, Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health Cert.Mail#7003 0500 0005 2476 5646 •Page 1 Fm. James J. Tacy 169-171 Crescent Street Northampton, MA 01060 To; City of Northampton Board of Health 212 Main Street Northampton, MA 01060 Ann; Ernest Mathieu Re; Letter dated June 3, 2004 Dear Sir, Date; June 9, 2004 The purpose of this letter is to update you on the steps being taken to correct the problem on the above site. The exact location of boundaries has now been determined to ensure that property lines are not compromised. That being done my contractor has agreed to commence clean up of debris mentioned in your previous letter. The abutter has or complainant has personal property to be removed as it is on my land by some ten feet. Upon removal of abutters personal property fencing will be installed and clean up will commence. We are taking this matter very seriously and will be diligent in its conclusion. Thank you very much for your time; James J. Tacy PPE El ERNEST 1. MAIMED, R.S, Ms, CH.O. DIRECTOR OF HEALTH -11 JI0 20n1 lei ".1AMPTON BOARD OF HEALTH,. BOARD OF HEALTH CITY HALL COMPLAINT RECORD Date:/ !/f�1` Time: 126 p Map: Parcel: Name of omplainant: P4 /14* igat Address: �'" Tel::5676*OS, fraiXat NATURE OF COMPLAINT: 00 7 / ip i '" r a- iI Location: 7 1 P (274-- Owner: Address: Tel: Taken by:c�/yr /p Date of Inspection: '6 oy Time 6 , /�c� ri ` INSPECTOR'S -PO '^'R�=tom 0 Yf'l^ Act/ d�: 64Q) �'!� TA ak I 4r ' ,, IfL - l� / 1 Inspector Signature a rd / - BOARD OF HEALTH CITY HALL COMPLAINT RECORD Date:a ' 476. i Name of 6omplainant Address: Parcel: NATURE OF COMPLAINT: Location: Owner: Address: Taken by Date of Inspection: Time: CI n• benoe) ken BOARD OF HEALTH OFFICE OF THE MEMBERS BOARD OF HEALTH tOSEMARIE KARPARIS,R.N.,MPH JAY FLEfTMAN,N,M.O. STAFF inestJ.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health and Mecywor,R.S.,Sanitary Inspector ricia Abbott,R.N.,Pubic Health Nurse Madeline Henn,Clerk July 28,2004 CITY OF NORTHAMPTON MASSACHUSETTS 01060 Linda Aird 107 Franklin Street Northampton,MA 01060 Re:Illegal Dumping —Rear of Property- 171 Crescent Street 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 Dear Ms.Aird On July 22,2004,this office received a written complaint that you or your landscaper has deposited(dumped)grass clippings,brush clippings,and sludge in the rear of the property located at 169-171 Crescent Street. Enclosed is a copy of the letter and photos sent to me by the property owner. Since witnesses have stated that they observed you performing illegal dumping activity on this property you will be responsible for clean up unless you can prove differently. An inspection on July 30,2004 verified this activity. Listed below is a description of the violation(s)observed and the Law which you are in violation with: Illegal dumping of solid waste consisting of grass clippings,brush clippings,and sludge in the rear of the property. You are in violation of Section 150A of Chapter 111 of the Massachusetts General Laws (Establishment and Operation of Refuse Disposal Facilities)which states in part"No place,in any city or town shall be established or maintained or operated by any person as a site for a facility,unless such place has either been assigned by the Board of Health of such city or town as a site for a facility after a public hearing". "A Facility shall not be constructed or operated unless the proposed use and plans or design thereof have been approved by the Department". The Department's Regulations for the Disposal of Solid Waste by Sanitary Landfill (310 CMR 19.00)defines Rubbish as combustible or noncombustible solid waste material, including but not limited to such material, as wood, tree branches,yard trimmings,grass clippings, metals,construction wastes,street sweeping and any unwanted or discarded materials. •Page 1 PAGE 2 You are hereby ordered to take the following course of action to correct the violation(s): (1) Further dumping of any material shall cease immediately. (2) Contact this office at 413-587-1214 upon receipt of this letter with your intentions to make arrangements to begin clean up of this site by removing the materials. (3)Remove all the materials by August 30,2004. Provide written proof of where the material is being disposed of If you fail to take any action by the prescribed deadline and fail to remain in compliance in the future with the requirements applicable to you,you could be subject to this Board of Health taking legal action against you in order to gain compliance. Your cooperation in this matter will be greatly appreciated.If you have any questions,please feel free to contact me. Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health CC/Mary and James Tacy •Page 2 From, James Tacy July 17, 2004 To. City of Northampton Board of Health Attn. Ernest Mathieu Dear Sir. The purpose of this letter is to update the conversation that we had when you came out to check out the property. I had told you that the woman has been dumping her grass and brush clippings on my property and I am putting this letter together for you with the pictures that I have taken.Now it is in your hands to have her remove all composed on my land. I have taken action and have had all the area cleaned up and will be seeded. The pictures show that she has been dumping slug" in one area. Serious matter to this on our property is harmful to us. Until removal of her e-legal dumping on our property there will be fencing put up on our boundaries lines to prevent her from dumping anymore. We are going to take this matter very seriously and I will be contacting you weekly to make this matter move quickly, so we can improve our property and make it clean for all of us. Thank You James Tacy Mary Ellen Paszek V*n0'rnEn..- I14, �rsa2'C•� f From, James Tacy July 17, 2004 To. City of Northampton Board of Health Attn. Ernest Mathieu Dear Sir. The purpose of this letter is to update the conversation that we had when you came out to check out the property. I had told you that the woman has been dumping her grass and brush clippings on my property and I am putting this letter together for you with the pictures that I have taken. Now it is in your hands to have her remove all composed on my land. I have taken action and have had all the area cleaned up and will be seeded. The pictures show that she has been dumping slug" in one area. Serious matter to this on our property is harmful to us. Until removal of her e-legal dumping on our property there will be fencing put up on our boundaries lines to prevent her from dumping anymore. We are going to take this matter very seriously and I will be contacting you weekly to make this matter move quickly, so we can improve our property and make it clean for all of us. Thank You James Tacy Mary Ellen Paszek JUI 7 L �.. .... _ YC te�au__ iyyY r 4 fir. , , .- 1"(+ r _ ''�, %it_' r .s ` r,41 t'. 5d - rlx, + -r Y-/// �raraK r, 1 » A Ate"Y 4y �' 4 , ' .ea" '40,-lvat as r +~ir` J ` Ye • Y11 - - _ r. - i s' . ` . 5� ,l, " )a, 1•. 1 oJ-� e �1 w �f �ems '} s.MK rvs' nit .1- t i w i y . si:; .' d ? to ..._ . ' 1• - ' t� ' y / ' n 9 ... • i kg Vey y y _� X41. *,z.. .s a,.= DARD OF HEALTH MEMBERS MARIE KARPARIS,R.N.,MPH HI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF st J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health Meczyeror,R.S.,Sanitary Inspector Abbott,R.N.,Public Health Nurse Madeline Hean,Clerk September 29,2004 James J.Tacy 169-171 Crescent Street Northampton,MA 01060 Re: Illegal Dumping OFFICE OF THE BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 Dear Mr.Tacy, I am writing this letter in response to your letter dated July 17,2004 regarding the allegations of illegal dumping on your property by your neighbor located at 107 Franklin Street. On July 28,2004,I sent her an enforcement letter requesting that she remove the items on your property that you described in your letter. Mrs.Linda Aird has responded back to this office in writing denying that she has placed or dumped these items there. Since I do not have any sworn affidavits by you stating that you witnessed her perfonning this illegal dumping or any concrete evidence of her taking this action I cannot pursue any further enforcement against her to clean this area of these items. If you have any questions,please feel free to contact me. Sincerely, Ernest J.Mathieu, R.S.,M.S.,C.H.O. Director of Public Health Page 1 August 16, 2004 Dear Mr. Mathieu: This letter is in response to your letter of 7/28 and the complaint made against me. I called you as soon as I received the above, on 8/5/04, regarding these allegations. I informed you at that time,that the same persons had recently issued a complaint with the Building Inspector, who had come to my home on 8/2 and told me that he had checked my file and that I did not have a building permit for my shed. He showed me the complaint stating that l did not have a permit and that the shed was on their property. The building inspector subsequently found the permit when he checked the appropriate records. Re stated that the siting of the shed is not his concern and closed the case. The shed is clearly on my property. I share this information with you as I feel that these complaints are a form of harassment in response to their being required to clean up the hillside. Below is my response to each item listed in the current complaint in question: BRUSH: Ms. Mary Ellen Paszek(apparently aka Mary Tacy), along with another woman, placed said brush in that spot on the edge of my property on 7/15/04. During this time, she was yelling back and forth with Mr. Jim Tacy saying "She'll get hers!!", "when are we gonna cut down that cherry tree". etc. She then tied the yellow tape across the two trees at the rear of my property,and the two proceeded to step onto my property and take the picture included with the complaint. I have a witness who was at my home waiting for others to join us to go out for dinner. I am happy to confidentially provide you with his name and phone number. I did not place this brush on their property, but will agree to have it removed in order to get rid of it. GRASS CLIPPINGS: I have had my lawn mowed for many years by Kevin's Lawn Care Service and have observed many of these mowings. I have never seen any dumping of grass clippings. I contacted Kevin also on 8/5 and he assured me this has never been done. In addition, I regularly have Kevin take away yard waste(weeds, twigs, etc.)that I place in a small "compost" container in addition to removing leaves in the fall. Kevin Kolodziej can be reached at(*82) 529-2250. Grass clippings have not been placed on their property. SLUDGE: As you may recall,when I called you, I asked what sludge is. You explained it is related to material from a septic system. As youknow, y home is on a city sewer line. I have not placed any such material on their However, I am concerned as well if such material exists. I wonder if it may be a by- product of the several years of unclean material that Mr. Tacy has been bringing in and dumping. As you know,there had been no oversight by the city although it was brought to their attention. I am requesting that someone in a position of authority,be it you or the DEP, evaluate what this is, any harmful effects and what must be done about it. It makes me wonder what else is in that hillside. I thank you in advance for hearing back from you in a timely manner. I also appreciate you closely monitoring Mr. Tacy's clean up to be sure it is indeed adequate. It appears he simply moved some of the material to the adjacent property. At this time, I also want to make it a matter of record that I do not automatically grant permission for access that area from Franklin Street. The driveway is owned by the owner of the home next door and me. Sincerely, Linda G. Aird 107 Franklin Street E UEST FOR A PROBABLE CAUSE HEARING RE: State Sanitary Code any Justice or Clerk Magistrate of the Western Division Housing Court SPRINGFIELD HOUSING COURT 31 ELM STREET SPRINGFIELD,MA 01101 KEEN;KATHY RNEST J.MATHIEU. DIR. OF PUBLIC HEALTH NORTHAMPTON f Ph OAR OF Ht HEALTH Name of Inspector 212 MAIN STREET City/Town Street DN OATH COMPLAINS THAT: DAVID DURSEAU Who's official ofth ssresideo 169-171 al premises located at: 169-171 Crescent Street,Northampton,MA 01060r Wherein the following violations of the State Sanitary Code exists (Please also see attached report): Enforcement letter attached dated April 8,2004 and which a re-inspection was conducted on July 9, 2004 and no violations were found corrected.(Clean up has not begun) ************************************************************************** On March 31,2004 , a representative of the Northampton Board of Health Inspected the premises and determined that the above-noted State and Code Violations exits. On April 8,2004, pursuant to the requirements of the State Sanitary Code or pertinent State laws, the above-noted Property Owner was served with a written order to remedy these violations. As of July 9, intentionally, reckles and from or repeatedly tedly failed thereafter,the above-note comply with said or property owner has willfully, der. 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 Inspector rep o9attached alto his request.et dr NORTHAMPTON,MA 01060 Complainant's Signature Director of Public Health (413) 587-1214 Date Robert G. Fields Clerk Magistrate Housing Court Western Division 37 Elm Street Springfield, Massachusetts 01103 (413) 748-7838 William H. Abrashkin First Justice Re : Northampton Board of Healt ms lames J. Tac, No 04-PC-00553 Date : July 13 , 2004 FL■IPTOI.BOARD 0P HEALTP 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 Gothi00Street, Northampton, MA 01060 at 10 : 00 o ' clock, Monday, July 26, At the hearing you may present your side of the matter, bring witnesses , and be represented by an attorney, if you so choose . EC S : SCH-SCAUSE Robert Fields Clerk M gistrate COMMONWEALTH OF MASSACHUSETTS HOUSING COURT WESTERN DIVISION NORTHAMPTON BOARD OF HEALT Plaintiff No. 04-PC-00553 JAMES J . TACY 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 10 : 00 o ' clock, Monday, August 30 , 2004 . Date : July 26 , 2004 ECMS : SCH-REVIEW Robert Fields Clerk Magistrate BOARD OF HEALTH CITY HALL COMPLAINT RECORD niiialnant: Time: Address: / ,d Map 0C-7 Parcel: Tel' -/0GO NATURE OF COMPLAINT: Address: Taken by: dQ� Date of Inspection: t i//f17' I Time INSPECTOR'S RE OR eidepnwe z1A -Wale Seltez-th ''Cori/ / Arifrp; / ne nalp6alabl�+NpH hit 13ex Action Taken: pld v�%Uca„�`R� Inspector Signature