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23 Complaints 2005-2006 r?-7 r � r V -e0 ' n - w oRch )11L nil -rill Cry I° ',so"R �zs�= ,t/X , AE cthie / 0 orsh 5" 1'ti) � ��130 BOARD OF HEALTH CITY HALL COMPLAI NTRECORD NATURE OF COMPLAINT: Vic � � � t ,°u. -77,47 Ly�o a Location. Owner: Address: a Tel: liken by: I Data of Inspection:. 76/01--/O5—T` I TIme:///la 07016r INSP CTOR XOR !Alta 2rA. % . n 1St -.1.‘ 114Lt..- 'ffil27117101111,11,1frItilko■ 0 enSt: Action 11NO'S -ern T ken: gs l nspector Signature O ....do 6, 41 9, 60 15 3 , 900 . 00 37 . 14 220, 90 11A-015-00 11A-016-00 205, 60 221, 90 221, 00 12 , 80 81, 38 5 , 00 25, 02 4, 82 98 69, 17 8 7, 375 . 00 34 . 95 205, 60 11A-016-00 11A-017-00 220, 10 207, 00 207, 40 12 , 80 81, 10 5, 00 25, 02 12, 29 98 71, 52 70 6, 41 812 813 814 815 816 817 1123 1124 1125 1126 800 801 802 803 804 805 806 807 808 809 810 811 812 813 614 815 816 817 1123 1124 1125 1126 800 801 802 803 804 805 806 807 808 809 810 811 812 813 } l0/25/05 3:36:06 RI RESIDENTIAL PROPERTY RECORD CARD CITY OF NORTHAMPTON, MASSACHUSETTS EFFECTIVE DATE OF VALUE: JANUARY 1, 1998 PARCEL ID: 43 -109-001 23 DUNPHY DR PLOT: LIVING UNITS: 1 CLASS: R - 101 CARD #: 1 OF 1 CURRENT OWNER/ADDRESS ZONING: SR NEIGHBORHOOD ID: 3.00 FINAL VALUE FLAG: MARKET TOBIN JAMES T & FLORENCE A LAND DATA - ASSESSMENT INFORMATION - 264 CHESTNUT ST TYPE SIZE INFLUENCE FACTORS LAND VALUE PRIOR COST CURRENT FLORENCE MA 01062 LAND 38,300 38,300 38,300 HOME SITE 1.000 36,810 BLDG 124,900 118,700 149,800 UNDEVELOPED 0.680 1,480 TOTAL 163,200 157,000 188,100 DEED BOOK: 2670 SALES INFORMATION DEED PAGE: 097 DEED DATE: TOTAL ACREAGE: 1.680 TOTAL LAND VALUE: 38,300 DATE TYPE PRICE VALIDITY LAST UPDATE/COST: 20040823 LAST UPDATE/COST: 20040823 ADDITION DATA X DATE: Lower Level First Floor Second Floor Third Floor Area DATA COLLECTION INFORMATION FrOH AtFin 24 ENTRANCE CODE: UNOCCUPIED Wddk 208 INFORMATION SOURCE: Wddk DATA COLLECTOR: ED DATE: 19991118 DWELLING INFORMATION STYLE: CONTEMPORARY YEAR BUILT: 1986 STORY HEIGHT: 1.00 ATTIC: N NE Basement: F LL TOTAL ROOMS: TOTAL BEDROOMS: FULL BATHS: ADDITIONAL DWELLING INFORMATION 24 Half Baths: ADDITIONAL FIXTURES: BASEMENT GARAGE(AGARS) 1 UNFINISR WALLS: M SONRY+FRM STINE TRIM: X GROINISFLD AREA: STONE TRIM: X GROUND FLOOR AREA: 864 TOTAL LIVING AREA: 898 REMODELING DATA @ BISEMENT BASEMENT NIAIEA AREA:: X 600 BASEMENT FIREPLAIEN AREA: X YEAR REMODELED: MASONARY FIREPLACE STACKS/OPENINGS: 1 / 1 K METAL EITRALAA/C: ITCHEN REMOD(Y/N HEAT/CENTRAL A/C: BASIC BATH REMODEL (V/N HEATING SYSTEM: WARM AIR FUEL TYPE: OIL 18 INTEIIOL EXTEIIORN GOOD 36 ° J OUTGELITY/UTILITY G+ INTERIOR/EXTERIOR SAME OUTBUILDINGS & YARD ITEMS PERMIT DATA TYPE QTY YR SIZE1 SIZE2 GRD COND DATE PURPOSE PRICE 39 4 RSRS1 1 8 10 D F ntl .I �(p JACUZZI ON WOOD DECK 11/18/99 10 WD 74/^Y' - 9E1 6 cv12 21 16 BOARD OF HEALTH MEMBERS OFFICE OF THE ROSEMARIE KARPARIS,R.N.,MPH XANTHI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health Richard Meczywor,R.S.,Sanitary Inspector Patricia Abbott,R.N.,Public Health Nurse Madeline Neon,Clerk November 11, 2005 Mary Althoff P.O. Box 926 Easthampton, MA 01027 BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 RE: 23 Dunphy Drive—Basement Apartment Dear Ms. Althoff: 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 A representative from the Northampton Board of Health conducted inspections of your apartment on October 25,2005 and November 11,2005,at the premises located at 23 Dunphy Drive— Basement Apartment, Northampton, MA,owned, operated, or occupied by you, for compliance with Chapter II of the State Sanitary Code and MGL Chapter 111,Sections 122-127,Abatement of Nuisances. The inspections revealed several violations of the laws listed above and an inspection report is being prepared and is forthcoming. The report will be sent to the property owner and a copy will also be sent to you. Please feel free to contact the Board of Health office, at 587-1213, if you have any questions concerning this matter. Thank you for your anticipated cooperation in this matter. This inspection report is signed and certified under the pains and penalties of perjury. Sincerely, Ernest J. Mathieu, R.S., M.S., C.H.O. Director of Public Health BOARD OF HEALTH • MEMBERS ROSEMARIE KARPARIS,R.N.,MPH XANTHI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF Ernest J.Mathieu,R.S.,M.S.,C.N.O. Director of Public Health Scharr]Meczywor,R.S.,Sanitary Inspector Patricia Abbott,R.N.,Public Health Nurse Madeline Heon,Clerk OFFICE OF THE BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01080 (413)587-1214 FAX(413)587-1221 ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION" AND/OR MGL, CHAPTER 111, SECTIONS 122-127, ABATEMENT OF NUISANCES AT: November 16, 2005 James Tobin 264 Chestnut Street Florence, MA 01062 RE: 23 Dunphy Drive-Basement Apartment REASON FOR INSPECTION: Complaint by Tenant This is an important legal document. It may affect your rights. You may obtain a translation of this form at: Isto � urn documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradeao deste documento de: Le suivante est un important document legal. II pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: Questo e 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 tradcci6n de esta forma en: To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: rAVS2 Dear Mr. Tobin: A representative from the Northampton Board of Health conducted an inspection of your building on, October 28,2005 and November 11.2005.at the premises located at 23 Dunphy Drive—Basement Apartment,Northampton,MA,owned or operated by you, for compliance with Chapter Il of the State Sanitary Code and MGL Chapter 111,Sections 122-127.Abatement of Nuisances. This letter will certify that theinspections revealed violations listed below,which are serious enough as to endanger or materially impair the health,safety,and well-being of the occupants. ARTICLE II 410.000 VIOLATIONS EXTETRIOR OF PREMISES-APARTMENT ENTRANCE .481 (Tuners name. address, and relept`c^e number not posted Oil the building. ORDER: Owners name, address,and telephone number must be posted and maintained on dwelling adjacent to the mailboxes for such dwelling or elsewhere in the interior of such dwelling in a location visible to the residents. It must be constructed on notice of durable material,not less than 20 square inches in size,bearing his name,address and telephone number. .484 No building identification number observed ORDER s 'Post building identification number on building or prop a4. he a ' 4✓' 254 No exterior lighting in the outside entrance area to the basement apartment. ORDER: Install exterior lighting for entrance. firn The occupant on the first floor apartment has a key to the basement entranc door to the apartment and enters the basement without the tenant's permission. This violates the tenant's security according to the section. RECOMMENTION FOR CORRECTION: The occupant on the first floor apartment SHOULD NOT enter the basement without the tenant's prior permission. A80 ;ii ■ r BASEMENT LIVING AREA *.482 No Smoke detector provided for basement ORDER: Provide a Smoke detector immediately. i.p 254(A)@(B) , There is an apartment in the cellar of this building with one tenant. There was no owner's y : meter observed,therefore the electric is included in the tenants rent. There must be an ^�\ti .�' Owner's meter unless there is a written agreement between the tenant and the landlord stating that the tenant agrees to pay for such lighting for common areas. ORDER: Install a tenant's meter unless the tenant agrees to create a create a written agreement that states the tenant is responsible for paying for lighting for these areas if tenant agrees to pay,if an agreement does not exist.Owner is to install a separate owner's meter if there is not one in place. (See section from code book below). ?AGE 3 410354: Metering ofEleetrieity and Gas (A) The own shall provide the dectridty and gas used in each dwelling unit unless (I) Such gas or electricity Is metered through a meter which serves only the dwelling unit,except as allowed by 105 CMR 410.254(8);and (2) The rental agreement provides for payment by the occupant (B) If the owner is required,by 105 CMR 410.000 or by a rental agreement consistent with 105 CMR 410.000,to pay for the electricity or gas used in a dwelling unit, then such electricity or gas may be metered through meters which serve more than one dwelling unit. If the owner is not required to pay for the electricity or gas used hi a dwelling unit,then the owner shall install and maintain wiring and piping so that any such electricity or gas used Si the dwelling unit is metered through meters which serve only such dwelling unit,except w allowed by 105 CMR 410.254(B). BATHROOM 280 Bathroom is not vented to the outside or does not have natural ventilation such asa rim window with a screen that opens. Window is boarded up. /244 'cot ( o S ORDER: Provide ventilation as required by this section in this code. v:.®-^a .250-255 According to the tenant the fluorescent lighting sometimes flickers and does not �� _ work properly. w 'rr ORDER: Correct the fluorescent lighting to stop flicker 1j „pan ecnr it •• Exposed wiring. +ianna"'iperde, ORDER:Properly cover exposed wiring. ✓ 251 .251 .500 '.750 Exposed insulation. ORDER:Properly cover exposed insulation. Tom floor covering. ,V/L '1' ORDER: Repair/replace torn floor covering. \ UD ,P1) States that one or more of the violations listed above is or may be a Condition which may materially impair the health or safety and well-being of the occupant as determined by 105 CMR 410.150 of Article II of the State Sanitary Code. oai Under authority of ARTICLE 11. 105 CMR 410.000,MINIMUM STANDARDS FOR HUMAN HABITATION AND M.G.L..CHAPTER III,SECTIONS 122 TO 127,ABATEMENT OF NUISANCES,you are hereby ordered to make a good faith effort to correct the following violations BY DECEMBER 22,2005 OR AS INDICATED W THE ORDER AND NOTIFY THIS OFFICE AT 587-1214 WHEN ALL VIOLATIOS ARE CORRECTED. PAGE 4 IMPORTANT NOTE: PLEASE NOTIFY THIS OFFICE AT 587-1214 WHEN ALL OF THE VIOLATIONS ARE CORRECTED TO ARRANGE FOR A RE-INSPECTION. IF ALL OF THE VIOLATIONS ARE NOT FOUND TO BE CORRECTED AT THE TIME OF THE RE-INSPECTION AND ANOTHER RE-INSPECTION IS REOIRED,THERE WILL BE A 175.00 RE-INSPECTION FEE FOR EACH RE-INSPECTION REOIRED. Should you be aggrieved by this order,you have the right to request a hearing before the Board of Health. A request must be received in writing to the office of the Board of Health within seven(7) days of receipt of this order. At said hearing,you will be given an opportunity to be heard and to present witnesses and documentary evidence as to why this order should be modified or withdrawn. You have the right to be represented by an attorney. You may contact this office to inspect and obtain copies of all relevant inspection or investigation reports, orders,notices and other documentary information relative to this property. If these premises are occupied as rental housing, the occupants are entitled to their statutory rights and remedies. Please feel free to contact the Board of Health office, at 587-1214,if you have any questions concerning this matter.Thank you for your anticipated cooperation in this matter.This inspection report is signed and certified under the pains and penalties of perjury. Sincerely, �7� ,,,,�,,,,////�l.l�.f� Ernest J.J. M�S.,M.S.,C.H.O. Director of Public Health cc: Mary Althoff 'AGE 4 FHB FOLLOWING ISA BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL TEMEDIES. L Rent Withholding(General Laws Chapter 239 Section 8A) rf Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments You can do his without being evicted if: (A) You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in your rent. B) You did not cause the violations and they can be repaired while you continue to live in the building. C) You are prepared to pay any portion of the rent into court if a judge orders you to pay it (For this it is best to put the rent money aside in a safe place.) 2. Repair and Deduct(General Laws Chapter 111 section 12M) The law sometimes allows you to use your rent money to make the repairs yourself. If our local code enforcement agency certifies that there are code violations which endanger or materially impair your health, safety or well-being and your landlord has received written notice of the violations, you may be able to use this remedy. If the owner fails to begin necessary repairs (or to enter into a written contract to have them made)within five days after notice or to complete repairs within 14 days after notice you can use up to four months' rent in any year to make the repairs. 3. Retaliatory Rent Increases or Evictions Prohibited (General Laws Chapter 186, Section 18 and Chapter 239,section 2A). The owner may not increase your teat or evict you in retaliation for making a complaint to your local code enforcement agency about code violations. If the owner raises your rent or tries to evict within six months after you have made the complaint he or she will have to show good reason for the increase or eviction, which is unrelated to your complaint. You may be able to sue the landlord for damages if he or she tries this 4. Rent Receivership(General Laws Chapter 111, Sections 127C-In• The occupants and/or the board of health may petition the District or Superior Court to allow rent to be paid into court rather than to the owner. The court may then appoint a"receiver"who may spend as much of the rent money as is needed to correct the violation The receiver is not subject to a spending limitation of four months'rent 5. Breach of Warranty of Habitability. You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimum standards of habitability. 6. Unfair and Deceptive Practices(General Laws Chapter 93A). Renting an apartment with code violations is a violation of the consumer protection act and regulations for which you may sue an owner. THE INFORMATION PRESENTED ABOVE IS ONLY A SUMMARY OF TILE LAW.IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY OTHER LEGAL ACTION. rage r 'ii L Ernie Mathieu __ _..... _. From: Kaniecki, Charlie (DPH)[Charlie.Kaniecki @state.ma.us] Sent: Thursday, December 15, 2005 2:14 PM To: Halfmann, Paul (DPH); Rudnik, Charles(DPH) Cc: Ernie Mathieu Subject: FW: 23 Dunphy Dr, Florence Attachments: 23 Dumphy Dr(Basement Apartment) 102805.doc; 23 Dumphy Dr(Basement Apartment) 111405.doc Dear Mr.. Mathieu, Your request for a determination has been forwarded to Division of Community Sanitation has they over see these regulations. charlie Charlie Kaniecki M.D.P.H. District Health Officer Western Regional Office 23 Service Ctr Rd. Northampton, MA. 01060 (413) 586-7525 x1167 (413) 784 1037 Fax From: Ernie Mathieu [mailto:emathieu @northamptonma.gov] Sent: Thursday, December 15, 2005 1:53 PM To: Kaniecki, Charlie (DPH) Subject: FW: 23 Dunphy Dr, Florence December 15, 2005 Dear Charlie, This letter is to follow upon a conversation that I had with you last week regarding a housing complaint from a resident living in the basement of a single family dwelling located at 23 Dunphy Drive. The complainant called and stated that she was renting an apartment in the basement at this property and wanted an inspection by the Board of Health because she thinks it is not up to code. I conducted an inspection under Chapter 2. (A copy of my inspection report is attached to this email) She stated that she rented the basement space in the house with the understanding from the occupants that she could use and have access to the kitchen since there is not one in the basement. The occupant on the main floor is the daughter of the property owner. The complainant said she was a friend of the occupant at the time she moved in. She said that around the end of September, their friendship ended and she received a notice to quit(eviction notice)from the owner who now has her in court under an eviction process. Since then, she is not permitted to use the kitchen. The basement consists of large room and a bathroom. The basement floor is at ground level at the driveway where there is an entrance door to the basement which she uses to enter and exit her basement living area. In my enforcement letter I referred to her basement living area as a"Basement Apartment'. The attorney who is representing the owner has called me, referred to my letter and has said that this basement is not an apartment and therefore, it did not fall under the regulations of Chapter 2. She also said that the occupant in the basement is not a"tenant'and moved in with the owners' daughter as a"roommate"with the understanding of helping to pay for some of the house expenses. With all that in mind she related that the owner does not have to comply with the correction orders in the letter. I told her that I did not agree with her and would seek a 12/15/2005 Page 2 01 2 determination from the MDPH as to whether this is or is not an apartment dwelling unit and does or does not have to meet the requirements of Chapter 2 if it is occupied with someone who pays rent to occupy it? I am respectfully requesting a determination from you as to whether this is an apartment dwelling unit and does or does not fall under the requirements of chapter to as it is? Thank you for your time and attention in this matter. Ernie 587-1213 From: Maureen Tobin [mailto:mctobin @earthlink.net] Sent: Tuesday, December 13, 2005 2:28 PM To: Ernie Mathieu Subject: 23 Dunphy Dr, Florence Importance: High Dear Mr. Mathieu: As I indicated to you during our recent telephone conversations I represent James Tobin, owner of the rental property located at 23 Dunphy Drive.That property was recently inspected by you at the request of one of the occupants, Mary Althoff. At the time of her request Ms. Althoff misrepresented the structure as having two units - one upstairs and one in the basement. This is a single family residence-there is no"basement apartment" therein. While I recognize that Chapter II of the Massachusetts Sanitary Code applies to all residential rental properties Mr. Tobin and I believe this property was improperly inspected as a result of the misrepresentation made to you. We believe the property should have been inspected as a whole, not as separate units. We believe that if the property had been inspected as a whole, and not just the lower level as a"basement apartment", that you would have found that Mr. Tobin has already complied with many of the Chapter II remedy orders in your report dated November 16, 2005.. I understand that, as a result of our conversations, you are checking with the Commonwealth to determine this building's status under Ch. II. We respectfully request that Mr. Tobin be given an extension to comply with any of the orders contained in the November 16th report until we have such determination from the Commonwealth. Please send me a copy of your inquiry for my file. Thank you for your time and attention to this unusual situation. Atty. Maureen C. Tobin 7 Conz Street Northampton, MA 01060 ph: (413) 584-7614 fax (413)582-0127 12/15/2005 rage 1 01 L Ernie Mathieu From: Ernie Mathieu Sent: Thursday, December 15, 2005 2:14 PM To: 'Maureen Tobin' Subject: RE: 23 Dunphy Dr, Florence Decemberberl 5, 2005 Dear Attorney Tobin, Please be informed that your request for an extension to correct the violations in your client's letter dated November 18, 2005, has been granted until I receive a determination from the State Department of Public Health as to whether or not the basement living area in the dwelling falls under the requirements of Chapter 2 of the State Sanitary Code. I have written to the State and I am awaiting a determination from them. Sincerely, Ernest J. Mathieu, Dir.of Public Health—City of Northampton 5871213 (Direct Line) From: Maureen Tobin [mailto:mctobin @earthlink.net] Sent: Tuesday, December 13, 2005 2:28 PM To: Ernie Mathieu Subject: 23 Dunphy Dr, Florence Importance: High Dear Mr. Mathieu: As 1 indicated to you during our recent telephone conversations I represent James Tobin, owner of the rental property located at 23 Dunphy Drive.That property was recently inspected by you at the request of one of the occupants, Mary Althoff. At the time of her request Ms. Althoff misrepresented the structure as having two units- one upstairs and one in the basement. This is a single family residence-there is no"basement apartment" therein. While I recognize that Chapter II of the Massachusetts Sanitary Code applies to all residential rental properties Mr. Tobin and I believe this property was improperly inspected as a result of the misrepresentation made to you We believe the property should have been inspected as a whole, not as separate units. We believe that if the property had been inspected as a whole, and not just the lower level as a"basement apartment", that you would have found that Mr. Tobin has already complied with many of the Chapter II remedy orders in your report dated November 16, 2005.. I understand that, as a result of our conversations,you are checking with the Commonwealth to determine this building's status under Ch. II.We respectfully request that Mr. Tobin be given an extension to comply with any of the orders contained in the November 16th report until we have such determination from the Commonwealth. Please send me a copy of your inquiry for my file. Thank you for your time and attention to this unusual situation. Atty. Maureen C.Tobin 12/15/2005 Page 2 of3 Charlie Kaniecki M.D.P.H. District Health Officer Western Regional Office 23 Service Ctr Rd. Northampton. MA. 01060 (413) 586-7525 x1167 (413) 784 1037 Fax From: Ernie Mathieu [mailto:emathieu @northamptonma.gov] Sent: Thursday, December 15, 2005 1:53 PM To: Kaniecki, Charlie (DPH) Subject: FW: 23 Dunphy Dr, Florence December 15, 2005 Dear Charlie, This letter is to follow up on a conversation that I had with you last week regarding a housing complaint from a resident living in the basement of a single family dwelling located at 23 Dunphy Drive. The complainant called and stated that she was renting an apartment in the basement at this property and wanted an inspection by the Board of Health because she thinks it is not up to code. I conducted an inspection under Chapter 2. (A copy of my inspection report is attached to this email) She stated that she rented the basement space in the house with the understanding from the occupants that she could use and have access to the kitchen since there is not one in the basement. The occupant on the main floor is the daughter of the property owner. The complainant said she was a friend of the occupant at the time she moved in. She said that around the end of September, their friendship ended and she received a notice to quit(eviction notice)from the owner who now has her in court under an eviction process. Since then, she is not permitted to use the kitchen. The basement consists of large room and a bathroom. The basement floor is at ground level at the driveway where there is an entrance door to the basement which she uses to enter and exit her basement living area. In my enforcement letter I referred to her basement living area as a"Basement Apartment". The attorney who is representing the owner has called me, referred to my letter and has said that this basement is not an apartment and therefore, it did not fall under the regulations of Chapter 2. She also said that the occupant in the basement is not a "tenant" and moved in with the owners'daughter as a"roommate" with the understanding of helping to pay for some of the house expenses. With all that in mind she related that the owner does not have to comply with the correction orders in the letter. I told her that I did not agree with her and would seek a determination from the MDPH as to whether this is or is not an apartment dwelling unit and does or does not have to meet the requirements of Chapter 2 if it is occupied with someone who pays rent to occupy it? I am respectfully requesting a determination from you as to whether this is an apartment dwelling unit and does or does not fall under the requirements of chapter to as it is? Thank you for your time and attention in this matter. Ernie 587-1213 From: Maureen Tobin [mailto:mctobin @earthlink.net] Sent: Tuesday, December 13, 2005 2:28 PM To: Ernie Mathieu Subject: 23 Dunphy Dr, Florence Importance: High Dear Mr. Mathieu: 12/16/2005 ?age 3 of As I indicated to you during our recent telephone conversations I represent James Tobin, owner of the rental property located at 23 Dunphy Drive.That property was recently inspected by you at the request of one of the occupants, Mary Althoff. At the time of her request Ms.Althoff misrepresented the structure as having two units - one upstairs and one in the basement. This is a single family residence -there is no "basement apartment" therein. While I recognize that Chapter II of the Massachusetts Sanitary Code applies to all residential rental properties Mr. Tobin and I believe this property was improperly inspected as a result of the misrepresentation made to you We believe the property should have been inspected as a whole, not as separate units. We believe that if the property had been inspected as a whole, and not just the lower level as a "basement apartment", that you would have found that Mr. Tobin has already complied with many of the Chapter II remedy orders in your report dated November 16, 2005.. I understand that, as a result of our conversations, you are checking with the Commonwealth to determine this building's status under Ch. II. We respectfully request that Mr. Tobin be given an extension to comply with any of the orders contained in the November 16th repel With we have sucn determination from the Commonwealth. Please send me a copy of your inquiry for my file. Thank you for your time and attention to this unusual situation. Atty. Maureen C. Tobin 7 Conz Street Northampton, MA 01060 ph: (413)584-7614 fax (413) 582-0127 12'16/2005 Ernie Mathieu From: Ernie Mathieu Sent: Friday, December 16,2005 2:12 PM To: 'mctobin @earthlink.net Subject: FW: 23 Dunphy Dr, Florence Dear Attorney Tobin, Here is the determination or decision that I received from the State. I will have to follow this reply. Sincerely, Ernest J. Mathieu 587-1213 From: Halfmann, Paul (DPI-I) [mailto:Paul.Halfmann @state.ma.us] Sent: Friday, December 16, 2005 1:00 PM To: Ernie Mathieu Cc: Kaniecki, Charlie(DPH); Rudnik, Charles (DPH) Subject: RE: 23 Dunphy Dr, Florence Hi Ernie, this unit could be condemned as an illegal unit due to conditions deemed to endanger found in 410.750(0)(1). The owner's attorney can argue in court about the conditions under which the occupant is in the basement. You appropriately responded to a complaint from the occupant of a unit, conducted the inspection, and issued an order to correct. I would not wait once deadline for corrections has expired. If a smoke detector has not been installed or by 12/22 all violations are not corrected, file in court and let the judge work it out. From: Halfmann, Paul (DPH) Sent: Thursday, December 15, 2005 2:45 PM To: 'emathieu @city.northampton.ma.us' Cc: Kaniecki, Charlie (DPH); Rudnik, Charles (DPH) Subject: RE: 23 Dunphy Dr, Florence Ernie, I just got our message and want to clarify one issue with legal before I respond. From: Kaniecki, Charlie (DPH) Sent:Thursday, December 15, 2005 2:14 PM To: Halfmann, Paul (DPH); Rudnik, Charles (DPH) Cc: 'emathieu @city.northampton.ma.us' Subject: FW: 23 Dunphy Dr, Florence Dear Mr.. Mathieu, Your request for a determination has been forwarded to Division of Community Sanitation has they over see these regulations. charlie 12/16/2005 BOARD OF HEALTH OFFICE OF THE BOARD OF HEALTH MEMBERS ROSEMARIE KARPARIS,R.N.,MPH XANTHI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,Y.D. STAFF ErnestJ.Mathieu,R.S.,N.S.,C.H.O. Director of Public Health chard Meczywor,R.S.,anitary Inspector dricia Abbott,R.N.,Public Health Nurse Madeline Neon,Clerk December 28,2005 Any. Maureen C. Tobin 7 Conz Street Northampton,MA 01060 Re 23 Dunphy Drive-Re-Ispection CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 Dear Atty.Tobin; Please call me at 587-1213 to discuss scheduling a re-inspection at 23 Dunphy Drive. The deadline for correcting the violations was December 22, 2005 I realize that there was a time delay and everything was put on hold while I was seeking an opinion from the MDPH. With that in mind I would be willing to grant an extension if you wish. I have enclosed a copy of the email sent to me by Paul Halfman fro MDPH. I await your call. Sincerely, i Ernest J. Mathieu, RS, MS, CHO Director of Public Health Enclosure ph. (413) 584-7614 fax (413) 582-0127 mctobin @earthlink.net Maureen C. Tobin Attorney-at-Law 7 Conz Street Northampton, AMA 01060 Northampton Board of Health 212 Main Street-Municipal Building Northampton, MA 01060 Dear Board Members: RE: 23 Dunphy Drive,Florence I represent James Tobin, owner of the rental property located at 23 Dunphy Drive. That property was inspected by Mr.Mathieu at the request of one of the occupants,Mary Althoff.At the time of her request Ms. Althoff misrepresented the structure as having two units -one upstairs and one in the basement. This is a single family residence-there is no "basement apartment" therein. Recognizing that Chapter II of the Massachusetts Sanitary Code applies to all residential rental properties, Mr. Tobin and I believe this property was improperly inspected as a result of the misrepresentation made to the inspector. We believe the property should have been inspected as a whole,not as separate units. We believe that if the property had been inspected as a whole, and not just the lower level as a"basement apartment",that you would have found that Mr. Tobin has already complied with many of the Chapter II remedy orders in Mr. Mathieu's report. A new smoke detector was installed in the basement of the house on November 30th-the day after Mr. Tobin received his copy of the report. (The report was the first notice that the property owner received that the existing one on that level of the house was not working.) On or about that date he also disconnected the dryer and thereby freed up the window space for ventilation in the basement bathroom. The bathroom light fixture had already been replaced and the exterior motion light double checked to assure that it was working properly in low/no light conditions. I have had several cordial and informative communications with Mr. Mathieu and with Mr. Paul Halfmann of the Commonwealth's Division of Community Sanitation. As the result of Mr. Halfmann's and Mr. Mathieu's December 16,2005 decision to follow through with a re-inspection', my client hereby requests a hearing under 105CMR410.850. 'We do not question their interpretation of the law as to their obligation to re-inspect the property. The property at 23 Dunphy Drive is a single family house leased to Ms. Jacqueline Tobin-Griffin. There are not now,nor has there ever been,nor is there intended to be, separate units on the first and second floors and in the basement. The property is a sort of split level design,with a single car garage, and a full windowed,walk out room and bathroom on the lower level, a living room,kitchen,bathroom and one bedroom on the main floor,and two more bedrooms in a loft type top floor. Since October 2003 Ms. Tobin-Griffin—with the knowledge and consent of Mr. Tobin—has had a housemate, Ms. Althoff, with whom she has an subtenant agreement for part of the rent. Ms. Althoff s oral agreement with Ms.Tobin-Griffin was that she would use the finished room in the walk out lower level,formerly used as a family room, as her bedroom, and have pretty much exclusive use of the adjoining bathroom on that level. She was aware that the family would have to come downstairs to use the laundry facilities in that bathroom as well as to get to the family freezer and other items located in the garage. The only rooms of the house not included in the subtenant agreement between the parties are the 2 bedrooms occupied by Ms. Tobin-Griffm's children. She was given keys to the main door of the house as well as to the lower level. In August 2005 Ms. Althoff paid only part of her share of the rent. In September she refused to pay any of it, and indicated she had no intention of paying any rent in the future. She indicated to Ms. Tobin-Griffin that paying her share of the rent was"not a priority"and that Ms. Tobin-Griffin would just have to put up with her until Ms. Althoff was ready to find someplace else to live. Because Ms. Tobin-Griffin cannot afford the entire rent herself,on September 24,2004 Ms.Tobin-Griffin—acting pro se at the time— served her with a 14 day notice to quit for non-payment, and on October 11, 2005 filed a complaint for eviction. Ms. Althoff vowed to"make legal trouble"and tried to counter- claim with a spurious claim of discrimination on account of disability(now withdrawn) and what she called"bad conditions" in her answer to the complaint. It was subsequent to the filing of the court action that Ms. Althoff,having never given any notice of any of her alleged "bad conditions"to Ms. Tobin-Griffin or to the property owner,called the Northampton Office of the Board of Health. She falsely indicated to Mr. Mathieu that she had been living in the basement as a separate unit from the rest of the house, causing him to inspect only one room and one bathroom of a 6 room,two bathroom single family house. The report issued by Mr. Mathieu was based on a false premise—that the building contains separate living units. If the house had been inspected as a whole,many of the points in Mr. Mathieu's report are already complied with on the main floor of the house. The property owner's name information is clearly found by the phone in the kitchen.The mailbox has the house number on it. The main entryway to the home is well lit, and there is a motion-light on the lower level. Ms. Althoff received permission to bring a small refrigerator into her room to keep medication close by. She later, without permission of the property owner, brought in a cooktop, and chose to cook and eat her own meals alone in her room. To require the 2 Western Division Housing Court Docket#05-SP-03982 property owner to install a kitchen sink3 and mechanically vent the bathroom on the lower level would have the effect of converting this single family home-which is not now,and never was intended to contain two separate living spaces- into multiple units. We also have some concerns about the safety of installing a lock on the interior door to the basement as this would block the second exit out of this single family residence. Allowing Ms. Althoff to shut off the rest of the occupants' emergency escape route from the upper level of the home under the adversarial tone that exists while she is being evicted would be unconscionable. Ms. Althoff is using the state's health and safety regulations not to ensure safety in her own apartment,but as a retaliation tool in the course of a nasty eviction proceeding. She has made it clear her intention is to force enough expense and cause enough"legal trouble"that the property owner will drop court proceedings involving back rents and she can continue to live rent free in the Tobin-Griffin home. I have enclosed a copy of Mr. Mathieu's original report and copies of relevant emails. I will forward a copy of the re-inspection report, scheduled for Monday, January 9,2005, to you as soon as I receive it Please advise if any other information is needed in order to request the appeal. We respectfully request that a hearing on this matter be scheduled at your next meeting, or sooner if your procedural rules allow. Thank you. Sincerely, Maureen C. Tobin Enc. CC: R. Karparis,residence X. Scrimgeour,residence J. Fleitman,residence J Tobin 3 Not referenced in the report,but mentioned several times by Mr.Mathieu in our discussions. BOARD OF HEALTH MEMBERS OFFICE OF THE BOARD OF HEALTH ROSEMARIE KARPARIS,R.N.,MPH KANTHI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health shard Meczywor,R.S.,Sanitary Inspector 'atricla Abbott,R.N.,Public Health Nurse Madeline Heon,Clerk anuary 5, 2005 Lary Althoff '.0. Box 926 ,asthampton, MA 01027 CITY OF NORTHAMPTON MASSACHUSETTS 01060 RE: 23 Dunphy Drive—Basement Apartment )ear Ms. Althoff: 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 Phis letter is to inform you that I have scheduled a re-inspection of your apartment with attorney vtaureen Tobin on Monday, January 9, 2005, at 11:00 am. During the past two weeks I have left three nessages on your cell phone to call me and as of this date I have not heard back from you. ?lease arrange your schedule to be present at the re-inspection and please call me at 587-1213 or(cell) 563-6680 to confirm receipt of this letter. Sincerely, Ernest J. Mathieu, R.S., M.S., C.H.O. Director of Public Health Ernie Mathieu From: Maureen Tobin [mctobin @earthlink.net] Sent: Thursday, January 05, 2006 11:33 AM To: Ernie Mathieu Subject: 23 Dunphy Drive Mr. Mathieu: This note will confirm our appointment for the reinspection of the property at 23 Dunphy Drive at 11:00 am on Monday, January 9, 2006. To the best of my knowledge,the property owner has complied with all of the repairs that it is practicable for him to have done to the residence. 1 respectfully request that the installation of a kitchen sink in the basement, mechanical venting of the downstairs bathroom, and installing a lock on the basement door be postponed during the January 9 re-inspection. The reason for this request is my clients intention to file an appeal about the complainants claim, made after eviction proceedings were commenced,that the basement of this single family residence is a separate unit from the rest of the house. Thank you. Atty. Maureen C.Tobin 7 Conz Street Northampton, MA 01060 (413) 584-7614 1/5/2006 Ernie Mathieu From: Scrimgeour, Xanthi (DPH)[Xanthi.SCrimgeour@state.ma.usl Sent: Monday, January 09,2006 12:49 PM To: 'Jay Fleitman'; Ernie Mathieu; roe.karparis@verizon.net Subject Appeals Hi all, would be about, as we do not want to get entrenched in housing court matters--who pays who utilities, etc. I had a chance to review the letter from Monica Tobin and just want to clarify what I believe the appeals process As I see it the appeal would be focused primarily on Emie's inspection and whether or not it is a single family family 9 they would not apartment eed From my cooking area, although the they still need the egresses, and differently on single in certain bathroom. ize)window, but I will need to not review some of these tdetails.eIt seemsliiketits escapable to to be a this determination if the tenant/roommate is not able to present their side as well. What's our protocol on this? Your thoughts folks? Thanks, Xanthi Xanthi M. Scrimgeour, MHEd., CHES Health Education Coordinator Center for Environmental Health Childhood Lead Poisoning Prevention Program 23 Service Center Road Northampton, MA 01060 (413)586-7525 x1122 or 1 (800)445-1255 Fax:413.784-1037 From: Jay Fleitman [mailto:kingoflung @comcast.net] Sent Sunday, January 01, 2006 12:28 PM To: Scrimgeour, Xanthi (DPH); 'Ernie Mathieu'; roe.karparis @VERIZON.NET Subject: Re: Happy New Year to you all!! We had initially talked about Jan 12, but as it ends Though the certainly 2ny?could do the 5th.. legally?? If not, how about Jan Original Message From: Scrimgeour,Xanthi(D_PH) To: 'Ernie Mathieu'; roe,karparis @verizonnet; kingoflungno.comcast,net Sent: Friday, December 30, 2005 3:12 PM Subject RE: up I have another meeting already at that time. but will you have the time to post that meeting Jay 1/11/2006 I can do January 12th at 5. I thought you Jay and I had agreed on something though, no? Xanthi M. Scrimgeour, MHEd., CHES Health Education Coordinator Center for Environmental Health Childhood Lead Poisoning Prevention Program 23 Service Center Road Northampton, MA 01060 (413)586-7525 x1122 or 1 (800)445-1255 Fax: 413.784-1037 From: Ernie Mathieu [mailto:emathieu @northamptonma.gov) Sent: Friday, December 30, 2005 12:36 PM To: roe.karparisw_erizon.neq kingoflung @_comcas_t.net Scrimgeour, Xanthi (DPH) Subject: Dec. 30, 2005 Hi Roe, Xanthi and Jay, I hope all of you had a very Merry Christmas!! There have been 3 Tobacco compliance checks done lately.The dates are 11/27/05, 12/14/05, and 12/28/05.We have merchants that had a 2nd or 3rd sale and we need to hold hearings on their permits.There are 4 merchants(From 11/27/05 and 12/14/05)that we have to bring in at the January meeting and 6 merchants (From 12/28/05)that we have to bring in at the February meeting. As you know my surgery is have next 7 soswe cane t n meet on the usual 3rd Thursday on Jan. 19th. I am suggesting that we on Thursday, Jan. 12,2005 at 5pm. Please let me know if this is alright you all of you by next Wednesday, if possible. I will be mailing you all of the information on the compliance checks today.The letters on the flow chart in your mail are as follows: N= NO Y=YES V=VIOLATION WITH VERBAL WARNING C=CITATION (TICKET) W W=WRITTEN WARNING Please call me if any questions. See you soon. Happy new year to all of yoWnl�'�ln Thanks Ernie 587-1213 Cell 563-6680 1/11/2006 Ernie Mathieu 1-464 From: Ernie Mathieu Sent: Friday, January 06, 2006 3:15 PM To: 'Halfmann, Paul (DPH)' Subject: RE: 23 Dunphy Drive Attachments: 23 Dumphy Dr(Basement Apartment)010506.doc; 23 Dumphy Dr (Basement Apartment) 102805.doc Hi Paul, Here is a copy of the report. I thought Charlie K. sent it to you. Apologies!! Ernie From: Halfmann, Paul (DPH) [mailto:Paul.Halfmann @state.ma.us] Sent: Friday, January 06, 2006 9:09 AM To: Ernie Mathieu Subject: RE: 23 Dunphy Drive Hi Ernie, I left a msg on your cell phone. I don't see anything wrong with the way you proceeded. You were told it was a separate unit. As I explained to you and Attorney Tobin, it is your responsibility to investigate any and all complaints received by your office. You inspect properties based on the information provided to you and are not required to determine what circumstances lead to the complaint. Attorney Tobin's letter requests a hearing as provided in 105 CMR 410.850(A). At the hearing, the owner will be given time to be heard, 105 CMR 410.853. The board must inform the owner of their decision, in writing as required by 105 CMR 410.854(A). I haven't received a copy of the report. Please fax to me. From: Ernie Mathieu [mailto:emathieu @northamptonma.gov] Sent: Thursday, January 05, 2006 5:02 PM To: Halfmann, Paul (DPH) Subject: FW: 23 Dunphy Drive Jan. 5, 2006 Good Afternoon Paul. I will be faxing you a copy of a letter that I received from attorney Tobin today requesting a hearing before the Board of Health. In her 2nd paragraph she states"that the property was improperly inspected as a result of the misrepresentation made to the inspector. I sent you a copy of my inspection report of the basement at this property and the reasons for my inspection. Do you think that I improperly inspected the basement unit based on the information that the occupant provided to me, which I have discussed with you? Sincerely, Ernie Mathieu 1/6/2006 From: Maureen Tobin [mailto:mctobin @earthlink.net] Sent:Thursday, January 05, 2006 11:33 AM To: Ernie Mathieu Subject: 23 Dunphy Drive Mr. Mathieu: This note will confirm our appointment for the reinspection of the property at 23 Dunphy Drive at 11:00 am on Monday, January 9, 2006.To the best of my knowledge,the property owner has complied with all of the repairs that it is practicable for him to have done to the residence. I respectfully request that the installation of a kitchen sink in the basement, mechanical venting of the downstairs bathroom,and installing a lock on the basement door be postponed during the January 9 re-inspection.The reason for this request is my client's intention to file an appeal about the complainant's claim, made after eviction proceedings were commenced,that the basement of this single family residence is a separate unit from the rest of the house. Thank you. Atty. Maureen C.Tobin 7 Conz Street Northampton, MA 01060 (413)584-7614 1/6/2006 BOARD OF HEALTH MEMBERS SEMARIE XARPARIS,R.N.,MPH TTHI SCRIMGEOUR,MHEd,ORES JAY FIEITMAN,M.D. STAFF Ernest J.Mathieu RS MS CH O. Director of Public Health rd Mearwor RS Sanitary Inspector :ia Abbott,0.N.,Public Health Nurse Madeline Neon,perk OFFICE OF THE BOARD OF HEALTH CITY OFNOICITEMPTON NOTICE OF COMPLIANCE January 10, 2006 James Tobin 264 Chestnut Street Florence, MA 01062 RE: 23 Dunphy Drive—re-inspection-follow up for compliance 212 MAIN STREET NORTHAMPTON,MA 01060 TEL(413)557-1214 FAX(413)557-1221 Dear Mr.Tobin: This notice is to inform you that a re-inspection of this property referenced above, owned by you, was conducted on January 9.2006 and January 10,2006.concerning orders for correction of the violation issued against you in an enforcement letter dated November 16,2005 at the premises located at 23 Dunphy Drive,Northampton,MA, owned or operated by you. Please note all the violations were found to have been corrected and you have complied with the orders issued in the November 16.2005 inspection report. No other violations were observed on this date. Also,the requirement of a kitchen sink in the basement is non enforceable violation due to the verbal consent of the tenant and the owner,both acknowledging that the tenant has access to the kitchen facilities on the main level. In addition, a lock on the basement door was not enforced after a request from the owner expressing the need to have access to the electrical panels and circuit breakers in the basement. f you have any questions regarding this matter, please contact me at my office. Sincerely, Ernest J. Mathieu,R.S.,M.S. C.H.O. Director of Public Health HAMPSHIRE, ss COMMONWEALTH OF MASSACHUSETTS Housing Court Department Docket No. 05 SP 3982 JACQUELINE J. TOBIN) and JAMES T. TOBIN ) Plaintiff v. ) MARY ALTHOFF, ) Defendant WITNESS SUBPOENA To ERNEST J. MATHIEU, R.S.,M.S.,C.H.O.,Director of Public Health, City of Northampton,Massachusetts, greetings. You are hereby required, in the name of the Commonwealth of Massachusetts,to appear before the Massachusetts Trial Court, Housing Court Department, holden at 106 Main Street, Greenfield,Franklin County,Massachusetts within and for the Western Division,on the 3rd day February,2006,at 10 o'clock in the morning, and from day to day thereafter, until the action hereinafter named is heard by said Court, to give evidence of what you know relating to an action then and there to be heard and tried between Jacqueline J. Tobin and James T. Tobin,Plaintiffs, and Mary Althoff, Defendant, and you are further required to bring with you the report(s) from the Northampton Board of Health inspections of the premises at 23 Dunphy Drive, Florence, Massachusetts, conducted on October 28,2005,November 11,2005 and January 9,2005. Hereof fail not, as you will answer your default under the pains and penalties in the law in that behalf made and provided. Dated at Northampton,Massachusetts,this 30th day of January, 2006 /�//L.iA✓"G./ C K✓L Maurtren C. Tobin,Notary Public My commission expires October 6, 2011 Hand delivered to the Office of the Board of Health,212 Main Street, Northampton,MA at pm on January 30, 2006. Subj: Date: From: To: File: RE: 23 Dunphy Drive-Inspection 1/30/2006 10:32:07 PM Eastern Standard Time Budro5030 mctobin Dr. Tobin) 23 Dunphy by Dr.NOTICE OF COMPLIANCE 010906.doc (47618 bytes)DL Time (TCP/IP): < 1 minute Dear Attorney Tobin, Attached is a copy of my letter office from a recent surgery,I Please call if you have any quest Sincerely, Ernest J. Mathieu Noarthampton Borad of Health Director confirming my inspection report as requiested. Due to my absence in the give you full permission to sign my signature and your initials to tlhis letter. ions. Monday,January 30,2006 CompuServe:Budro5030 rage t or L Subj: 23 Dunphy Dr. Date: 1/30/2006 2:21:26 PM Eastern Standard Time From: mctobin @earthlink.net(Maureen Tobin) To: budro5030@cs.com CC: emathieu@city.northampton.ma.us Dear Ernie: I'm sorry you aren't able to be back in your office yet. I hope your doctor gives you good news this afternoon. Please email and/or fax the re-inspection reports for your visits on January 9 and 10th to me at your earliest convenience. It would be very helpful if I could bring them to the final pre-trial conference tomorrow afternoon. Once we have the report showing that Mr.Tobin is in compliance with his Dunphy Drive property he plans to send a written request to withdraw his appeal to the Board of Health. Once again, my thanks for your help as we untangle this matter. Maureen PS The witness subpoena is already on its way to your office. If your doctor won't allow you to attend that day please let me know ASAP Atty. Maureen C.Tobin 7 Conz Street Northampton, MA 01060 ph.(413)584-7614 fax (413) 582-0127 Headers Return-Path: <mctobin @earthlink.net> Received:from rly-xn0l.mx.aol.com(rly-xn0l.mail.aol.com[172.20.83.1141) by air-xn03.mail.aol.com (v108_rl_b1.2)with ESMTP id MAILINXN32 62443de6725162; Mon,30 Jan 2006 14:21:26-0500 Received:from smtpauthl 0.mail.atl.earthlink.net(smtpauthl0.mail.atl.earthlink.net[209.86.89.70j) by rly- xn0l.mx.aol.com(vx)with ESMTP id MAILRELAYINXNI2-62443de6725162;Mon, 30 Jan 2006 14:21:09-0500 DomainKey-Signature: a=rsa-shat;q=dns; c=nofws; s=dk20050327;d=earthlink.net; b=JNI hPnD1 j2K0XF ITU7wwuzDfLEpyNudE4UuG4bRDLLekgM KGxCOP+sx B5gIJUpY B; h=Received:M essage-ID:From:To:Cc:Subject:Date:Ml ME-Version:Conte nt-Type:X-Prio rity:X-MSM ail-Priority:X- Mailer:X-MimeOLE:X-ELN K-Trace:X-0riginating-I P; Received:from[71.192.42.581 (helo=Maureen) by smtpauth10.mail.ati.earthlink.net with asmtp(Exim 4.34) id 1 F3eaL-0003VZ-1F;Mon,30 Jan 2006 14:21:09-0500 Message-ID: <000201 c625d2$51634d20$0e02a8c0@Maureen> From: "Maureen Tobin" <mctobin @earthlink.net> To:<budro5030 @cs.conv Cc: <emathieu @city.northampton.ma.us> Subject:23 Dunphy Dr. Date: Mon,30 Jan 2006 14:07:06-0500 MIME-Version: 1.0 Content-Type: multipart/alternative; boundary-"—=NextPart_000_0020_01C625A6.7411A4B0" X-Priority:3 X-MSMaiI-Priority: Normal X-Mailer:Microsoft Outlook Express 6.00.2900.2180 Monday, January 30, 2006 CompuServe: Budro5030 rage 1 ut I Ernie Mathieu From: Maureen Tobin [mctobin @earthlink.netl Sent: Thursday, February 09, 2006 2:33 PM To: emathieu @city.northampton.ma Cc: Ernest Mathieu-home Subject: 23 Dunphy Drive Appeal Importance: High Ernest J. Mathieu, Dir.of Public Health , City of Northampton, 212 Main Street, Northampton, MA Dear Mr. Mathieu: On behalf of Mr. James T. Tobin, owner of rental property located at 23 Dunphy Drive, Florence, I am requesting that the appeal of the BOH inspection report dated November 16, 2005 be withdrawn. Your re-inspection report, showing everything to be incompliance and/or inapplicable to that particular piece of property, is acceptable to Mr. Tobin. Please advise if you need anything further to remove the appeal from the February 16th agenda. Thank you. Atty. Maureen C. Tobin 7 Conz Street Northampton, MA 01060 ph. (413)584-7614 fax (413)582-0127 2/13/2006 rage 1 01 Ernie Mathieu From: Maureen Tobin [mctobin@earthlink.net] Sent: Thursday, February 09, 2006 2:26 PM To: Ernie Mathieu Subject: Re: 23 Dunphy Dr. Hi Ernie: Thanks again for all of your help re 23 Dunphy Drive. I'm sorry you got stuck sitting on the court's uncomfortable bench so soon after your surgery- but I think you're being there hastened the"eleventh hour" settlement we reached. I didn't receive anything you faxed. I'd be interested in reading the article you mentioned.When you have the chance could you fax it again? My fax number is(413)582-0127. Also,would you send/email me the cover letter, in which you were going to state that Ms. Althoff did have access to upstairs for kitchen, bath, etc,for the re-inspection report? I'd like it for my files just in case the settlement falls apart and we end up back in court on this one. Thanks! I'm sending a separate email indicating that Mr. Tobin is withdrawing his appeal to the BOH. Hope you're back to full health soon! Maureen Atty. Maureen C. Tobin 7 Conz Street Northampton, MA 01060 ph. (413) 584-7614 fax(413)582-0127 2/10/2006