29 Complaints & Letters Name of
Complainant
Address
BOARD OF HEALTH
CITY HALL
COMPLAINT RECORD
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RD OF HEALTH
JOYCE.Chairman
3ures, M.D.
3.R.PARSONS
.McERLAm.Health AO.m
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
orncs OF THE
BOARD OF HEALTH
210 MAIN STREET
01060
14151 5666950 Ext.213
IORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY
CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT:
29 Pomeroy Terrace, Northampton, MA 01060
DATE: September 13, 1993
ORDER ADDRESSED TO: Richard P. Connly
29 Pomeroy Terrace
Northampton, MA 01060
COPIES OF REPORT TO: George Bixby
37 Pomeroy Terrace
Northampton, MA 01060
This is an important legal document. It may affect your rights.
You may obtain a translation of this form at:
Isto a um documento legal muito importante que podera afectar os
seus direitos. Podem adquirir uma tradgao deste documento de:
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affecter vos droits. Vous pouvez obtenir une traduction de cette
forme a:
Questo a un documento legale 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 traduccion 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 4: (413) 586-6950 x214
The Northampton Board of Health Northampton inspected the spresises at
32A
29 Pomeroy Terrace ,
parcel 188 .) , 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 FOURTEEN DAYS of the receipt
of this order:
;ULATION VIOLATION
7 . 602 (A) Large maple tree on property
f.G.L. in close proximity to the
111 , neighboring property at 37
127B Pomeroy Terrace. Tree is
deteriorating in the upper
portion and numerous branches
are overhanging on to the
dwelling at 37 Pomeroy Terrace.
There are also broken/detached
branches which are currently
hung up in the tree and which
also pose a safety hazard.
e present condition of this maple tree poses a serious safety
th the property and the occupants at 37 Pomeroy Terrace.
you have any questions regarding this abatement order contact the Board of
alth office.
REMEDY
Take whatever action is
necessary to eliminate this
safety hazard.
risk to to
Ty truly ,y.ours,
avid E. Koc an
initary Inspector
,rthampton Board of Health
]is inspection report is signed and certified under the pains and penalties
E perjury.
;RTIFIED MAIL 4 P 749 251 458
319 Prospect Street
Northampton, MA 01060
October 18, 1993
( 413 ) 586-4049
ter J . McErlain
alth Agent
rthampton Board of Health
0 Main St .
xthampton , MA 01060
:ar Mr . McErlain;
am writing this note to inform you of the services provided by Mr
avid Kochan regarding a tree on the property bordering my father 's
)use . The tree has been trimmed and it is our belief that the
iurteous , professional efforts of Mr Kochan are responsible for a
3tisfactory solution to the problem .
lease thank Mr . Kochan for a job well done .
Sincerely ,
/'
George W. Bizb
Jc Mr . Kochan
a II;Y.
319 Prospect Street
1'iA ' :hampt Jn , Via 01 Orb 0
ir:Kirt. 1193
45
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James F. Scola
Attorney at Law
Eleven Harvard Street
P.O. Box 2917
Worcester, Massachusetts 01613
(508) 756-62(16 • Fax (508) 831-0443
September 10, 1993
Mr . George O. Bixby
37 Pomeroy Terrace
Northampton, MA 01060
Re: Richard P. Connly et ux.
29 Pomeroy Terrace
Northampton, MA
Dear Mr . Bixby,
This letter will serve as a formal response on behalf of
Mr . and Mrs . Richard P . Connly to your letter dated August 28,
1993 . On behalf of Mr . and Mrs . Connly, please be advised that
they are denying any responsibility or liability for the alleged
damages to your home as claimed in your letter .
It is the Connly's position that the maple tree on their
property is not diseased, and therefore, will not be incurring
the expense of having this tree removed . If there are limbs
which extend over your property, the Connly's have authorized me
to inform you that you may, at your expense, cut down that
portion of any limb which extends over your property line . Any
such trimming, pruning or cutting of such limbs should be done
so from your property and not the Connly's .
For your reference, I have enclosed herewith a copy of
Massachusetts General Laws, Chapter 242, Section 7 which
provides for damages to be assessed against anyone who willfully
cuts down or otherwise destroys trees on the property of
another . Again, Mr . and Mrs . Connly will allow you to cut down
that portion of any limb which extends over your property line,
but such cutting shall be done from your property.
Please direct all future correspondence regarding this
matter directly to this office .
Very truly yours,
JFS/dld
Enclosure
pc : client
111
_ 1 ,
to
C. 242
ANNOTATED LAWS OF MASSACHUSETTS
CASE NOTES account
r against mortgagee in an
master in cha^-
An action damages ive lies hi rsection for any ob t bell t em b to master i nchan-
waste mi given by this ding on for stand between bill them by a
miery; the land pending such Iron Co.v King(1848) 56 Mass 400.
an a committed be awarded
for its recovery; the dexlarat'was nnot a or willful
if the defendant Multiple damages may o
Pn action, must allege without finding (1983) 390
arty to the suit for the land, of that suit violation. Mellor v Berman
that he knew of the Pendency m and the 275 454 NE2d 907.
when he committed the was • cured
Mass
want of such an allegation is not
§ 6
but is a Recovery of damages for waste may be
t Reed had under this section only where the
by a verdict for the plaintiff ac-
The good is(1e for arrests judgment. demandant obtains judgment lanai.in the ac-
v Dais t treble 25 ages 5pro provided for by tion for recover,er,n of .11c. DC Mass) 163
The tionle be prco, Bros. Co. d(195 (CAI Mass) 263
manner section can
ded by the statute, and can- F Supp 1%, app
a pale F2d 190. 1 FR Sery 2d 1041.
not be made an item of charge by mort-
for Wilfully Cutting Trees, etc.
§ A person Liability carries away,
without license wilfully cuts down.
A person who ood or underwood on timber, w
girdles or otherwise destroys trees,
the land of another shall be liable to the owner in tort for three times
the amount of the damages assessed therefor;
the defendant had good reason. to believe that the land on which the
he shall s liable for
trespass was committed was ss own or that e all be lia liable for
single authorized ag only.y. do
1695, acts§ 2; 1723-1, 10, § 1; 119,3, §1;
single damages 7nly. ( 10, 11; GS 138, i
1727, 8, § 1; 1817, 173; RS 105, §§
RL 185, §7.)
Forms—
See"FORMS"heading following"CASE NOTES",in ra.
CASE NOTES
mon cannot maintain an action against
1. In eenerar wood. Hastings iv�Hastings (1871) 110
2. particular cases Mass 280.
The treble damages given by the stat-
ute need not be specially claimed i n the
1.In general
declaration. Snelling v Garfield (1874)
This section was not designed to ex- 114 Mass 443,445.
The court might lawfully direct the
of Id not lie by the common jury upon being satisfied of the facts
tend the remedy to cases where an action constitute the cause of ac-
la law. Hastings would Hastings (1872) 110 necessary to < was entitled c-
law. Hastings tion for which the plaintiff w sr to assess
T1 Us der.h80. com- recover treble damages,Under this section one tenant in
158
meth Gooch
rid Supervisor
mmonwealth of Massachusetts
partment of Environmental Management
r n of Forests & Parks
reau of Shade Tree Mgmt & Pest Control
n south Street
) Box 1433
tsLeW. MA. 01202
TI OF MASSACI IUSETLS
TICE OF ENVIRONMENTAL AFFAIRS
OF ENVIRONMENTAL M ANA(:EMENT
1413) 442-8928 ES AN I)I \RKS- REGION V
;HELD.LD. A1A 012t2 411 44'-%"]n
wens October 5, 1993
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Mr. George 0. Bixby
37 Pomeroy Terrace
Northampton, MA 01060
Dear Mr. Bixby:
In regards to the sugar maple tree at 29 Pomeroy Terrace which
abuts you property at 37 Pomeroy Terrace; I looked at this tree
on September 30, 1993, and found the tree to be in poor
condition and in need of immediate attention.
There are several large, broken dead limbs that overhang your
property which should be removed before damage occurs to your
house; also, a large live limb (bottom limb going over towards
your house) which should be removed due to previous injury
causing interior damage to the limb (possibly from snow or ice
on the limb in previous winters). In addition, there are
several live limbs which should be removed due to the close
proximity to your television antennae and roof.
Due to the location of the tree, aerial lift equipment might not
be able to reach the tree, and the tree would have to be
climbed. This would mean having access from your neighbor's
property to perform the work of pruning the tree. Several of
the pruning cuts need to be wade at the trunk of the tree on
your neighbor's side to insure proper healing of the tree.
It is my recommendation that a professional arborist be hired to
properly prune this tree as soon as possible. If I can be of
further assistance, please give me a call.
Sincerely,
i-c r, Cxn-eki bq✓
Kenneth Gooch, District #8
Shade Tree Management Supervisor
KG/bav
Attachment
cc: Richard Connoly