408 Complaints 2011-2012 Form 11
Letter Requesting an Inspection
Board of Health ;V ` �•'f , � )'
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Location:
Owner:
Address:
Taken V \ loafs of Inspection: ycilrzec, ITlmeae
INSPECTOR'S REPORT: _
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BOARD OF HEALTH
MEMBERS
DONNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
STAFF
Benjamin Wood,MPH
Director of Public Health
Patricia Abbott,R.N.,Public Health Nurse
Daniel Wasiuk,Health Inspector
Edmund Smith,Health Inspector
Heather McBride,Clerk
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
'ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM
STANDARDS FOR HUMAN HABITATION" AT: 408 FLORENCE ROAD
i
This is an important legal document. It may affect your rights. You may
obtain a translation of this form at: 212 Main St, Northampton Ma
Isto a um documento legal muito importante que podera afectar os seus
direitos. Podem adquirir uma trad9ao deste documento de: 212 Main St,
Northampton Ma
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droits. Vous pouvez obtenir une traduction de cette forme a: 212 Main
St, Northampton Ma
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suoi diritti. Lei pub ottenere una traduzione di questo modulo a: 212
Main St, Northampton Ma
Este es un documento legal importante. Puede que afecte sus direchos.
Ud. Puede adquirir una tradccibn de esta forma en: 212 Main St,
Northampton Ma
To jest wazne legalny dokument. To moze miec wplyw na twoje
uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: 212
Main St, Northampton Ma
NORTHAMPTON BOARD OF HEALTH
City Hall, 212 Main Street
Northampton, MA 01060
Tel ft: (413) 587- 1214 (i15/10 ti
C� I
BOARD OF HEALTH
MEMBERS
DONNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
STAFF
Benjamin Wood,MPH
Director of Public Health
Patricia Abbott,R.N.,Public Health Nurse
Daniel Wasiuk,Health Inspector
Edmund Smith,Health Inspector
Heather McBride,Clerk
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
Date: 12/5/2011
By authority of Chapter II of the State Sanitary Code, as adopted under Chapter 111, Section 3 and 127A and
127B of the Massachusetts General Laws, the Northampton Board of Health has conducted an inspection of
the dwelling named in the attached report, and found it to be in violation of the Minimum Standard of
Fitness for Human Habitation. A list of the violations is enclosed.
You are hereby ordered to begin necessary repairs, or contract in writing with a third party within five(5)
days (of the date on this letter), and to make a good faith effort to substantially correct within thirty(30)days,
as of the date of this letter, all violations recorded on the report.
You are further ordered to correct any violations followed by an asterix (*)within twenty-four hours of
receipt of this notice.These are violations or conditions, which endanger the health, or safety and well-being of
the occupant as determined by 105 CMR 410.750 of the Code or the authorized inspector. This may permit the
occupant to exercise one or more statutory remedies available to them as outlined in the enclosed inspection
form. A reinspection will be conducted, as indicated,to determine compliance.
You are entitled to a hearing, provided a written petition is received within seven (7) days. You are also
entitled to be represented by counsel, and have the right to inspect and obtain copies of all relevant reports,
orders and notices. Any adverse parties also have the right to appear at the hearing.
Every occupant shall give the owner, agent or employees, access,upon reasonable notice, for the purpose of
correcting these violations. (CMR.810)
Failure to comply with this order may result in a fine of not less than ten,nor more than five hundred
dollars; each day constituting a separate violation. It is your responsibility to provide proper workmanship
and to obtain the appropriate private permits where necessary.
Your immediate attention will be appreciated. If you have any questions, please contact this office.
Sincerely,
Ben Wood, MPH
Director,Northampton Health Department
Inspection Form
Northampton Board of Health, 212 Main St., Northampton, MA 01060, 413-587-1214
SSC 105 CMR 410.000: Chapter II, Minimum Standards of Fitness for Human Habitation
If violations are observed and checked, describe them fully on Page 3.
Date: 1211/2011Time: #Occupants: 1 #Children <6 Years 0
Type of Violation
Use blank boxes for ones not listed
Address: 408 Florence Road Unit# basement, rear entrance
City/Town: Northampton
Occupant Name: Kenneth Toppi Phone#413.336.8863
Party
Owner Name: Bruce Wood Phone# 727.8466(home); 910.465.3994(cell)
1V(11
Owner Address: 408 Florence Road City/Town: Florence Zip Code: 01062
#Dwelling/Rooming Units in Dwelling: 2 #Stories: 1 +basement
Floor Level of Unit: basement
#Sleeping Rooms: 1 #Habitable Rooms: 2
Locks : door to garage: no lock, no floor sweep
Inspector: Edmund Smith Title: Health Inspector
X at laj 2(
X
If violations are observed and checked, describe them fully on Page 3.
Area or
Element
Type of Violation
Use blank boxes for ones not listed
Possible
Code
Section(s)
lif
Violation
Observed
Responsible
Party
1V(11
, p�y
�,�
\+1 'G.d�
ry b D
Owner
Occupa
nt
Exterior,
Yard &
Porch
Locks : door to garage: no lock, no floor sweep
480,501(8)
X at laj 2(
X
Posting, ID, Exit signs/emergency lights
481,483,484
Handrails, steps, doors windows, roof
500,501.503
Rubbish—storage and collection
600,601
Maintenance of Area
602
Exterior light: not functional at time of inspection
253
X "
X
Common
Areas&
Entry
Light, windows
253,254.501
Egress
450,451,452
Handrails
503
Door : Weatherseal issue: lower right hand, door
to rear yard: won't close to within tolerance
501
X D''- (7137
X
Interior Halls
&Stairs
Floors, walls ceilings
500
Hallways, railings, stairs
503
Light, windows
253,254,501
Bedroom 1
Location (circle): Front Rear Middle Left Middle Right Floor
Unit
Level
of
Ventilation
280
I
Ceiling height
401.402
Windows, screen
501, 551
Wall
500
Natural light: area >or= 8%of floor area:
nsufficient(1.5%)
250
X
X
�vX
11,1 t �'f_
Natural &mechanical ventilation: openable area> or
=4%: insufficient at 1.5%
280
X
X
l�tl
r`
Door: no door or lock from stair hall to tenants
bedroom
480
X i r.L^.
i
X
Bedroom 2
Location(circle): Front Rear Middle Left Middle Right Floor Level
of Unit
Ventilation
280
Ceiling height
401,402
Windows, screen
501,551
Bathroom
Toilet, sink, shower,tub, door: no lock on door
150
X (14-114.0
X
WG` IJAA)
Area or
Element
Type of Violation
Use blank boxes for ones not listed
Possible
Code
de(s)
■ if
Violation
Observed
Responsible
Party
Owner
Occupa
nt
Living room
11 1
Iv\ti p
Lights, outlets, ventilation:natural light insufficient
at 5%(8%or greater required); ventilation
250,280
X
X
sufficient
Ceiling height
ao1,aoz
Windows/screens
501,551
Wall/ceiling condition: left of entry door to rear
yard: hole in drywall
500 � ��pp,,,,
°oclei.
X
X
""
WG` IJAA)
Written description of any violation(s)checked above
Include Area or Element, code citation and a description of the condition(s)that constitute the violation. You may
include remedies that would be an acceptable means of achieving compliance with 105 CMR 410.000.
NOTE: *indicates that this housing inspection has revealed conditions which may endanger or materially impair the
health, safety, and well-being of any person(s)occupying the premises
ArealElement, Code Citation and Description of Violation
Acceptable Remedies
Exterior entry door to garage:
410.480:Locks
The owner shall provide,install and maintain locks so that:
(A)Every dwelling unit shall be capable of being secured against unlawful entry.
(B)Every door of a dwelling unit shall be capable of being secured from unlawful entry.
(D)Every entry door of a dwelling unit or rooming unit shall be capable of being secured from
unlawful entry.
410.501:Weathertight Elements
(B)An exterior door or a door leading from a dwelling unit to a common passageway shall be
considered to be weathertight only if:
(c)the door is sufficiently well-fitted such that.without weather-stripping,the space between
the door and the prime door frame is no larger than 1/16 inch at any point on the sides of the
door or_inch at any point on the top or bottom of the door.
Tenant cannot lock door which serves owner-occupants built-under garage;this
door leads into untempered space and does not have a door sweep to seal out
the cold.
Add lock and sweep to door.
Exterior entry door under owner's deck:exterior light fixture
4110.253:Light Fixtures Other than in Habitable Rooms or Kitchens
(A)The owner shall provide and so locate electric light switches and fixtures in good working
order so that illumination may be provided for the safe and reasonable use of
very laundry,and
pantry, foyer, hallway, stairway, closet, storage place, cellar, porch, e f
passageway.
(B)The owner shall provide working incandescent light bulbs or fluorescent tubes in all
required light fixtures in all common areas of any dwelling.
This light fixture was not functioning at time of inspection.
Exterior entry door under owner's deck:
410.50E Weathertight Elements
(B)An exterior door or a door leading from a dwelling unit to a common passageway shall be
considered to be weathertight only if:
(b)weatherstripping is applied such that the space between the door and the prime door frame
is no larger than 1/lb inch at any point on the perimeter of the door or
(c)the door is sufficiently well-fitted such that, without weather-stripping, the space between
the door and the prime door frame is no larger than 1/16 inch at any point on the sides of the
door or_inch at any point on the top or bottom of the door.
Gap in excess of exists lower right hand(from inside)of entry door.
Bedroom: natural light =or>than 8%; natural ventilation =or>
410.250:Habitable Rooms Other than Kitchen--Natural Light and Electrical Outlets
The owner shall provide for each habitable room other than a kitchen:
(A) transparent or translucent glass which admits light from the outdoors and which is
equal in area to no less than 8%of the entire floor area of that room.
The 12 x 30 basement type window in this room provides natural light in the
ratio of 1.4%to total floor space(2.5 sf glass to 168 sf floor space).
410.280:Natural and Mechanical Ventilation
Repair or replace as necessary.
Repair or replace as necessary.
Make suitable correction according
to code
Referral: ❑ Electric X Fire ❑ Plumbing ❑ Building ❑ This inspection report is signed
under the pains and penalties of perjury.
and certified
Signature:
Inspector
or Occupant's Representative Signature:
Occupant
Roincnection Date: 1/9/2012 Time: to be arranged
Written description of any violation(s)checked above
Include Area or Element, code citation and a description of the condition(s)that constitute the violation. You may
include remedies that would be an acceptable means of achieving compliance with 105 CMR 410.000.
NOTE: *indicates that this housing inspection has revealed conditions which may endanger or materially impair the
health, safety, and well-being of any person(s)occupying the premises
ArealElement, Code Citation and Description of Violation
Acceptable Remedies
Exterior entry door to garage:
410.480:Locks
The owner shall provide,install and maintain locks so that:
(A)Every dwelling unit shall be capable of being secured against unlawful entry.
(B)Every door of a dwelling unit shall be capable of being secured from unlawful entry.
(D)Every entry door of a dwelling unit or rooming unit shall be capable of being secured from
unlawful entry.
410.501:Weathertight Elements
(B)An exterior door or a door leading from a dwelling unit to a common passageway shall be
considered to be weathertight only if:
(c)the door is sufficiently well-fitted such that.without weather-stripping,the space between
the door and the prime door frame is no larger than 1/16 inch at any point on the sides of the
door or_inch at any point on the top or bottom of the door.
Tenant cannot lock door which serves owner-occupants built-under garage;this
door leads into untempered space and does not have a door sweep to seal out
the cold.
Add lock and sweep to door.
Exterior entry door under owner's deck:exterior light fixture
4110.253:Light Fixtures Other than in Habitable Rooms or Kitchens
(A)The owner shall provide and so locate electric light switches and fixtures in good working
order so that illumination may be provided for the safe and reasonable use of
very laundry,and
pantry, foyer, hallway, stairway, closet, storage place, cellar, porch, e f
passageway.
(B)The owner shall provide working incandescent light bulbs or fluorescent tubes in all
required light fixtures in all common areas of any dwelling.
This light fixture was not functioning at time of inspection.
Exterior entry door under owner's deck:
410.50E Weathertight Elements
(B)An exterior door or a door leading from a dwelling unit to a common passageway shall be
considered to be weathertight only if:
(b)weatherstripping is applied such that the space between the door and the prime door frame
is no larger than 1/lb inch at any point on the perimeter of the door or
(c)the door is sufficiently well-fitted such that, without weather-stripping, the space between
the door and the prime door frame is no larger than 1/16 inch at any point on the sides of the
door or_inch at any point on the top or bottom of the door.
Gap in excess of exists lower right hand(from inside)of entry door.
Bedroom: natural light =or>than 8%; natural ventilation =or>
410.250:Habitable Rooms Other than Kitchen--Natural Light and Electrical Outlets
The owner shall provide for each habitable room other than a kitchen:
(A) transparent or translucent glass which admits light from the outdoors and which is
equal in area to no less than 8%of the entire floor area of that room.
The 12 x 30 basement type window in this room provides natural light in the
ratio of 1.4%to total floor space(2.5 sf glass to 168 sf floor space).
410.280:Natural and Mechanical Ventilation
Repair or replace as necessary.
Repair or replace as necessary.
Make suitable correction according
to code
•
I The owner shall provide for each habitable room, and room containing a toilet, bathtub or
shower,ventilation to the outdoors consisting of:
(A) windows, skylights, doors or transoms in the exterior walls or roofs that can be easily
opened to a minimum of 4% of the floor area of that habitable room or room containing a
toilet,bathtub or shower, provided, that a skylight which if open exposes the interior of the
dwelling to direct rainfall shall not satisfy this requirement:or
(B)Mechanical ventilation capable of exhausting air at the following rates:
Occu Banc Classification Rewired Air Chan•es Per Hour
Habitable rooms other than
bath,toilet or shower rooms 2
Bath,toilet or shower rooms 5
The 12 x 30 basement type window in this room provides natural ventilation
in the ratio of 1.4%to total floor space(2.5 sf glass to 168 sf floor space).
Bedroom egress to stair hall leading to owner's space(first floor)and
bathroom/shared laundry space':
410.480:Locks
Provide lockable door to tenant's
bedroom.
The owner shall provide,install and maintain locks so that:
(A)Every dwelling unit shall be capable of being secured against unlawful entry.
(B)Every door of a dwelling unit shall be capable of being secured from unlawful entry.
(D)Every entry door of a dwelling unit or rooming unit shall be capable of being secured from
unlawful entry.
(E)Every openable exterior window shall be capable of being secured.
(F) Locking devices shall comply with the requirements of 780 CMR 1017.4.1 to avoid
entrapment in the building.
No lock(no door as well)to secure tenant's basement bedroom from access
stair and laundry machines.
from owner's shared
Bathroom: door opening to stair hall
(A)For each dwelling unit:
(I)A toilet with a toilet seat in a room which is not used for living,sleeping,cooking or eating
purposes and which affords privacy to a person within said room.
(3)A bathtub or shower in the same room as the toilet or in another room which is not used for
living,sleeping,cooking or eating purposes and which affords privacy to a person within said
room.
Because the toilet and shower are in an unlockable room with shared facilities,
the room cannot be made private(no lock on door).
provide lock for bathroom door for
users privacy.
Living room: exterior door opening under owner's deck:
410.500:Owner's Responsibility to Maintain Structural Elements
Repair as necessary.
Every owner shall maintain the foundation,floors,walls,doors,windows,ceilings,roof,
staircases,porches,chimneys,and other structural elements of his dwelling so that the dwelling
excludes wind,rain and snow,and is rodent-proof,watertight and free from chronic shall mp ess,
weathertight,in good repair and in every way fit for the use intended.Further,he
maintain every structural element free from holes,cracks, loose plaster,or other defect where
such holes,cracks,loose plaster or defect renders the area difficult to keep clean or constitutes
an accident hazard or an insect or rodent harborage.
From inside, lower left wall adjacent to entry door: broken drywall open to wall
from chronic dampness(although dry at this time).
cavity, possibly weakened
BOARD OF HEALTH
MEMBERS
DONNA C.SALLOOM,CHAIR
JOANNE LEVIN,M.D.
SUZANNE SMITH,M.D.
STAFF
Benjamin Wood,MPH,Director
Patricia Abbott,R.N.,Public Health Nurse
Daniel Wasiuk,Health Inspector
Edmund Smith,Health Inspector
Heather McBride,Clerk
12/29/2011
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
413-587-1214
This office received a complaint 11/30/2011 by tenant Ken Toppi, requesting a housing inspection. I followed up on with
an initial inspection of 12/1/2011, and Orders of Correction written on 12/5/2011, mailed on 12/6/2011, I inspected
progress at the request of the landlord (Bruce Wood)on 12/21/2011. At that time the doorlock to the garage issue was
abated, the exterior light was abated, the exterior door weatherseal issue was abated. The landlord had added doorlocks
to the bathroom and at the top of the stairs but they were found to need adjusting, so those items are continued to the
scheduled reinspection on 1/9/2012.
On 12/21/2011, the landlord also submitted a rough estimate for the addition of a bedroom door off the common hallway,
and was in the process of obtaining another estimate and proceeding to schedule this correction. Mr.Wood is also
soliciting estimates for increasing the amount of natural light to the apartment. This is necessarily a complicated
improvement and an extension of the time for reinspection may be in order. There is no immiediate threat to human
health posed by this violation.
Concerns raised by the tenant about inadequate heat and storage of flammables were unfounded.
12/28/2011
Ken Toppi stopped by the office and requested that a letter stating that the landlord had not completed all corrections be
written. I went by the apartment on 12/29/2011 where I reminded Mr.Toppi that we had a scheduled reinspection on
1/9/2011 and at that time I would be assessing the corrections for compliance, noncompliance, and progress from good
faith efforts.
/rvooAoe Z84 1z � ° � °7J _G� _ .'z` •_.0 ell Lie �d
bw,4-f pa-\ ,a-'" cLt-"5 �`
3en Wood
:rom: Ed Smith
Sent: Monday, January 09, 2012 3:27 PM
ro: Ben Wood; Heather McBride
Subject: FW: Request for variance consideration for code violation 410.250
This note is from Ken Toppi s land=lord, requesting time at a Board meeting to ask for a variance on the natural
light/ventilation requirement in the basement apartment.
Ed
Edmund Smith
Health Inspector
Board of Health
City of Northampton
212 Main Street, Northampton MA 01060
(413)587-1339; Fax: (413)537-1221
smithCalnorthamntonma.ROv
regular hours: Monday &Wednesday 8-4:30;Thursday 8-12 noon.
From: Bruce Wood mailto:woodu•28412• ahoo.com
Sent: Monday, January 09, 2012 3:22 PM
To: Ed Smith
Cc: Ed Smith
Subject: Request for variance consideration for code violation 410.250
January 9, 2012
City of Northampton
Board of Health
212 Main Street
Northampton, MA. 01062
To Whom It May Concern,
My name is Bruce T. Wood and I reside at 408 Florence Road,Florence, MA. and I am a home owner whom
took in a tennant in October of 2011. This gentleman contacted the Board of Health reguarding violations with
respect to his living space in my house which is the basement. On December 1, 2011 Ed Smith from the Board
of Health conducted an inspection of the living space and sited me for being in violation of code 410.250 in
addtion to several other more minor violations which I have addressed. I am requesting the opportunity to attend
the next Board Members meeting to review my case and the financial hardship correcting this code violation
would pose on me.Therefor, I am requesting a variance consideration on this code violation as I have only
rented this space in my basement for less than three months and am currently attempting to evict the current
tenant. I have no plans to rent this space in my basement or any other part of my house to anyone else and in
fact I am trying to put my house on the market for sale as I am close to forclosing on it in the next two months.
I am currently contacting construction companies to give me estimates on the cost of digging out the foundation
in several areas and adding either larger windows or doors. I showed this space to the current tennant whom was
aware that this was in the basement and the lighting natural or otherwise was what was presented. Please let me
now if I can present my case to the Board members at your earliest convenience. I can be reached by phone
Cell) 910-465-3994. Thank you for your consideration in this matter.
tespectfully,
3ruce T. Wood
BOARD OF HEALTH
MEMBERS
DONNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
Benjamin Wood,MPH,Director
Patricia Abbott,RN,Public Health Nurse
Daniel Wasiuk,Health Inspector
Edmund Smith,Health Inspector
Heather McBride,Clerk
1-31-12
Bruce T.Wood
408 Florence Road
Florence,MA 01062
Re:HEARING NOTICE
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
(413)587-1214
FAX(413)587-1221
212 MAIN STREET
NORTHAMPTON,MA01060
Mr.Wood:
A hearing is scheduled on the following date and time to consider your request for a variance to 105
CMR 410.250. A copy of this notice has been provided to the occupant of the affected dwelling.All
affected parties have a right to inspect and copy the Board of Health's file for ort e mma�s�o 1 e heard.
At the hearing all affected parties will have the opportunity to be heard,present and
documentary evidence.
Date of Hearing: February 16th, 2012
Time of Hearing: 5:15pm
Place of Hearing: City Hall, 210 Main St., 2nd Floor Hearing Room,
Northampton,MA 01060
If you have any questions please contact the Northampton Health Department at 413-587-1214.
Sincerely,
Ben Wood,MPH
Director,Northampton Health Department
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BOARD OF HEALTH
MEMBERS
DONNA C.SALLOOM,CHAIR
JOANNE LEVIN,M D.
SUZANNE SMITH,M.D.
STAFF
Benjamin Wood,MPH,Director
Patricia Abbott,R.N.,Public Health Nurse
Daniel Wasiuk,Health Inspector
Edmund Smith,Health Inspector
Heather McBride,Clerk
2/8/2012
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREEF
NORTHAMPTON,MA 01060
413-587-1214
To the Northampton Board of Health:
Concerning 408 Florence Road, Northampton
On 12/1/2011, I initially inspected the basement apartment of Ken Toppi on his complaint of 11/30/2011. There were 7
citations on the Orders to Correct, none of which related to life safety. The owner, Bruce Wood, promptly began
addressing all of the violations and has completed corrections except for a minor weatherstripping issue under the door to
the garage, the addition of an interior door at the bottom of the common stair to give the tenants bedroom area privacy,
and resolution of the amount of natural lighting and ventilation for the bedroom area. An estimate for adding the interior
door has been conveyed to the Health Department.
Regarding the bedroom violations, Mr.Wood has spoken with contractors about satisfying the regulations of the Sanitary
Code for 8% of floor area for natural light and 4% of floor area for ventilation, and the cost of adding window wells and
larger windows to the bedroom area will be very expensive, and could add new issues, such as moisture,to what is
otherwise a dry and pleasant living space. The amount of ventilation and natural light in the living room area is
satisfactory, and this room (26' x 8'—10') is largely at grade making the entire dwelling unit more than 50% above grade.
Only the
nalas bedroom r than approx. 1 14'
12') is
below gitade space tea iffoomso add more light to. The artificial
Edmund Smith
Health Inspector
Northampton Health Department
Ben Wood
From: Alan Seewald [AS @sjsamherst.com]
Sent: Tuesday, March 20, 2012 11:42 AM
To: Ben Wood
Subject: RE: Health department issues
Ben—
I would encourage the BOH to view this matter without reference to the current owner or the current rr t tenant.
provision of 105
variance regulation standard is broad(and vague): "the board of health may vary the app n P
y
CMR 410.000 with respect to any particular case when,in its opinion,the enforcement thereof would do manifest
injustice." Unless the"manifest injustice"that would be visited upon the owner is specific to this owner,then it does
not seem relevant whether the house gets sold or not. Similarly,the regulatory violation is not specific to this tenant,
and the fact that the complaining tenant may be evicted should be irrelevant to the BOH's determination of whether or
not the regulation would "do manifest injustice." The Board should weigh the cost of bringing the unit into compliance
against the extent to which it is noncompliant and the extent to which that noncompliance affects the health, safety or
welfare of a tenant(not just the current tenant)against which the regulation was intended to protect. If approached in
this objective manner, it is hard for me to see how to effectuate a middle ground. If the balance falls in favor of the
owner(i.e.,that the cost outweighs the minimal benefit of forcing compliance),then a variance should issue. If the
balance falls the other way,then the owner should be precluded from renting the unit until it is in compliance. Either
way,the BOH should document that factors it considered in rendering its decision.
Please call me at my office if you need anything further on this for the meeting on Thurs. Thanks.
Alan Seewald
Seewald, Jankowski& Spencer, P.C.
Five East Pleasant Street
Amherst, MA 01002
Tel: 413 549 0041
Fax: 413 549 3818
AS(rD SJ SAmherst.corn
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From: Ben Wood [mailto:bwood @northamptonma.gov]
Sent:Tuesday, March 20, 2012 9:18 AM
To: Alan Seewald
Subject: RE: Health department issues
Alan,
The BOH is meeting this Thursday and I'd like to wrap up this housing variance request issue. In this particular case the
tenant will be evicted and the house is going up for sale. Do you think there is a middle ground option between issuing a
variance and forcing the owner to go through with the renovation necessary to comply?This happens sometimes and
we are never sure how best to proceed,e.g.the dwelling in question ceases to be rented to the original complainant and
the house goes up for sale.We have in the past said to owners who are keeping the property that they simply need to
comply with the orders prior to re-renting but in cases where the ownership is going to change how would you suggest
we proceed?Thanks for your input. Ben 1
BOARD OF HEALTH
MEMBERS
DONNA C.SALLOOM,CHAIR
SUZANNE SMITH,M.D.
JOANNE LEVIN,M.D.
Benjamin Wood.MPH,Director
Patricia Abbott,RN,Public Health Nurse
Daniel Wasiak Health Inspector
Edmund Srnak Health Inspector
Heather McBride,Clerk
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
(413)587-1214
FAX(413)587-1221
212 MAIN STREET
NORTHAMPTON,MA 01060
3/7/12
Bruce T. Wood
408 Florence Road
Florence,MA 01062
Dear Mr.Wood,
On February 16",2012 the Northampton Board of Health held a hearing at your request to consider a
variance to 105 CMR 410(Chapter II of the State Sanitary Code) Specifically,your request was a
variance to a code violation(105 CMR 410.250)at 408 Florence Road that had been issued by the
Northampton Health Department on December 5th,2011.At the hearing you presented your case and
the Northampton Board of Health deliberated.No other parties were present(notice of the hearing had
been given to your tenant)at the hearing.
The Northampton Board of Health decided to provide a 3-month continuance of the Orders to Correct
dated December 5a',2011 noting the following:
1. You had complied with all noted violations with the exception of deficiencies in natural light
and ventilation(105 CMR 410.250 and 105 CMR 410.280).
2. You presented that your tenant was not actively living in the apartment.
3. You are required to continue to gather quotes for full compliance with all violations.
4. The Board of Health had questions concerning the issuance of a variance that needed review
by the City Solicitor.
Therefore,you are not required to conduct any further repairs until such time as the Board of Health
issues a final decision on this matter.
A staff member of the Northampton Health Department will contact you if you are needed to come
before the Board of Health again and will communicate any final decisions with you.
Ben Wood,MPH
Director,Northampton Health Department
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BOARD OF HEALTH
MEMBERS
DONNA C.SALOOM,CHAIR
SUZANNE SMrrH,M.D.
JOANNE IEVIN,M.D.
Benjamin wood,MPH,Director
PaMda Abbott RN,Public Heath Nurse
Daniel Wasiuk,Health Inspector
Edmund Smith Health Inspector
Heather McBride,Cerk
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
(413)567-1214
FAX(413)587-1221
212 MAIN STREET
NORTHAMPTON,MA 01060
5/22/12
Bruce T.Wood
408 Florence Road
Florence,MA 01062
Dear Mr.Wood,
On December 5th,2011 the Northampton Health Department issued Orders to Correct violations of
105 CMR 410(Chapter II of the State Sanitary Code). Subsequently you requested that the Board of
Health consider offering a variance on the cited violations related to deficient ventilation and natural
light in the basement unit.The Board of Health decided on February 16th,2012 to continue the matter
for 3 months during which time you were not required to conduct repairs on those violations.
On May 171h,2012 the Board of Health granted a variance to 105 CMR 410.250 and 105 CMR
410.280 noting that the dwelling meets the intent and spirit of the State Sanitary Code and that
the violations do not create a safety or health hazard.
A final inspection of the basement unit will be required to close out the case.
Further,per 105 CMR 410.840,"any variance granted by the board of health shall be in writing and
shall not be in effect unless it is filed by the owner in the registry of&Lis for the county,or
appropriate district thereof,in which the dwelling is located" A copy of the filing must be submitted
to the Northampton Health Department.
Sincerely,
Ben Wood,MPH
Director,Northampton Health Department
3en Wood
=rom: Ed Smith
Sent: Wednesday, May 16, 2012 12:04 PM
To: Ben Wood
Subject: Bruce Wood/BOH
Bruce Wood spoke to me on 5/7/12; his lawsuit against his former tenent Ken Toppi was successful and he has evicted
him from the ground floor apartment. Bruce requests dismissal by the Board of this matter, because he promises to not
rent out the apartment in the future(the property is going on the market this week). Bruce stated that
back on the streets
amounted to$3200 in lost rent and$1200 in lawyer fees; he also said that at last report Mr.Toppi is
somewhere.
Edmund Smith
Health Inspector, Northampton Health Department
1(413)587-1339;esmith @northamptonma.gov
regular hours:8-4:30 Monday&Wednesday; 8-12 noon Thursday
BOARD OF HEALTH
MEMBERS
DONNA C.SALLOOM,CHAIR
JOANNE LEVIN,M D.
SUZANNE SMITH,M.D.
STAFF
Benjamin Wood,MPH,Director
Patricia Abbott,RN.,Public Health Nurse
Daniel Wasiak,Health Inspector
Edmund Smith,Health Inspector
Heather McBride.Clerk
June 4, 2012
Bruce T Wood
408 Florence Road
Florence, MA 01062
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NOR MA 01060
413-587-1214
Dear Bruce
I had meant to get this to you sooner, but have been out of the office much of the last 2 weeks. Even though you had
notified us that the tenant was successfully evicted from your apartment and you no longer wanted to bring the issue to
the Board of Health, the Health Director Ben Wood asked that the Board consider the original request and recommended
that it be allowed, considering my report on the quality of the living space. The Board did indeed grant the variance, which
means that if you file this at the Registry of Deeds that in future this space has the legal right to be rented or used by the
owner as a bedroom. If you would like to do this, send us a copy of your filing with the registry; I should then come make
a final inspection of the space(I remember that some sort of draft stop was still needed for the door to the garage, and a
door would have to be installed giving privacy to the proposed bedroom at the foot of the stairs. I believe a future owner
would also be able to carry out these repairs to achieve the same end.
Let me know what you would like to do—email me at esmith@northamptonma.00v or call me at 587-1339.
Thank you —
Edmund Smith
Health Inspector
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