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