182 Complaints 2009 BOARD OF HEALTH
MEMBERS
JAY FLEITMAN,M.D.,ACTING CHAIR
SUZANNE SMITH,M.D.
DONNA C.SALLOOM
STAFF
Benjamin Wood,MPH
Director of Public Health
'atricia Abbott,R.N.,Public Health Nurse
Aimee Petrosky,Health Inspector
Linda Heon,Clerk
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
FINAL ORDER OF THE
BOARD OF HEALTH
Subject Property:182 Mt. Tom Road, Northampton, MA 01060
TO: Amo Development LLC
182 Mt. Tom Road
Northampton, MA 01060
212 MAIN STREET
NORTHAMPTON,MA 01060
On December 17, 2009, a hearing was held before the Northampton Board of
Health concerning: Subject Property: 182 Mt. Tom Road, Northampton, MA 01060
Members of the Board present were:
Jay Fleitman, Chair
Suzanne Smith, Member
Donna Salloom, Member
Ben Wood, Northampton Health Department Director
Amie Petrosky, Health Inspector
Charles J. Kaniecki, District Health Officer
The following persons appeared and presented testimony and evidence:
Health Agent overview of order:
Date of Order. November 17th, 2009
Address: 182 Mt. Tom Road
Conditions observed:
Two violations of 105 CMR 410.000 were found:
1. Ceiling Height in one room measued at 6 feet, 8.5 inches (below the minimum
allowed 7 feet).
2. Electrical sockets in bedroom and kitchen not working.
Name of Owner(s): Arno Development LLC
Owner's ments:
Attorney Harold Brunault, representing Amo Development LLC, appealled to the Board
of Health for a variance on the ceiling height violation. Mr. Brunault expressed the
extreme hardship of complying with the order and explained that the property has been
a rental for several decades and that all incoming tenants are shown the property ahead
of time.
The electrical socket violation has been fixed by covering the outlets.
Occupant's statements:
None
Based upon the testimony and evidence presented to the Board, including written
testimony and documents submitted prior to the hearing, the Board finds:
That a variance, in accordance with 105 CMR 410.840, be allowed on the ceiling height
violation. The Board accepts the verbal explanation relating to the electrical outlet
violation repair.
Based upon the findings set forth above, the Board hereby WITHDRAWS the following:
Violation Orders issued November, 17th, 2009
The Owner(s) shall:
File this order in the registry of deeds for the county, or appropriate district thereof, in
which the dwelling is located.
FAILURE to comply with the provisions of this order shall result in assessment of a fine
in the amount of $10.00 to $500.00 for each day of non-compliance.
You are advised: 105CMR 410.840: Variances
(A) Except for those conditions enumerated under 105 CMR 410.750(A) through (0),
the board of health may vary the application of any provision of 105 CMR 410 000 with
respect to any particular case when, in its opinion, the enforcement thereof would do
manifest injustice; provided that the decision of the board of health shall not conflict with
the spirit of these minimum standards or any other applicable statute, code or
regulation, and provided further, such variances may be granted only after notice is
given to all affected occupants and after a hearing is held. 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 resist of deeds for the count , or appropriate district thereof, in which
the dwelling is located. A copy of any such variance shall, while it is in effect, be
available to the public at all reasonable hours in the office of the clerk of the city or town,
or in the office of the board of health.
(B) Any variance of other modification authorized to be made by 105 CMR 410.000 may
be subject to such qualification, revocation, suspension or expiration as the board of
health expresses in its grant. A variance or other modification or authorized
in whola orby
105 CMR 410.000 may otherwise be revoked, modified, suspended
been given the owners p opportunity to affected
in conformity with the rlequuirements for an
have been earin of o0p Y
order and hearing of 105 CMR 10. 8 0 through a be 410.855.
(C) A variance from 105 CMR 410.480 may be granted only by the Massachusetts State
Building Code Commissioner when in its opinion, other security measures are in force
which adequately protect the resident(s) of such dwelling. (M.G.L. c. 143, § 3R.) (locks)
(D) A variance from 105 CMR 410.150(A)(2) which prohibits a kitchen sink to substitute
for the required washbasin may be granted by the board of health only if compliance
would require extensive costly renovation.
(E) A variance from 105 CMR 410.503(B), (C) and (D) may be granted by the board of
health for historic buildings provided that the board of health finds that the public health
will not be compromised.
You are advised: 105 CMR 410.831 (F) IF ONE YEAR AFTER THE ISSUANCE OF AN
105 CMR 410.000 HAGS NOT BEEN EFFECTED,THENNTHE BOARD OF HEALTH
FORTH STANDARDS SET
IN
MAY CAUSE THE DWELLING OR PORTION THEREOF TO BE DEMOLISHED OR
REMOVED AT YOUR EXPENSE.
Any person aggrieved by this Final Decision of the Board of Health may seek relief
therefrom in any court of competent jurisdiction as provided by the laws of the
Commonwealth.
SO ORDERED ON THIS 17 DAY OF DECEMBER, 2009
Signed and Certified Under the Pains
and Penalties of Perjury
BY
Benjam' •od, Agent of the Board of Health
cc.
Attorney Harold Brunault
M.D.P.H
Charles Kaniecki, District Health Officer
23 Service Ctr Rd.
Northampton, MA. 01060
BOARD OF HEALTH
CITY HALL
COMPLAINT RECORD
)ate: loft
fame of Complainant:
address: tc¢ 2 M0,,,f- `X (21�
NATURE OF COMPLAINT:
Nao A r\'") SF
ID OF HEALTH
AEMBERS
>N,M.D.,ACTING CHAIR
,NNE SMITH,M.D.
INA C.SALLOOM
MOF ES,
PUBLIC HEALTH
R
413)587-1214
X(413)567-1221
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
RDER TO CORRECT MINIMUM A
S NDARDSOFOR HUMAN HABITATION" AT: 182 MOUNT TOM ROADODE
This is an important legal document. It may effect your
rights. You may obtain a translation of this form at: 212EIm
St, Northampton Ma.
Isto a um documento legal muito importante que podera
afectar os seus direitos. P demf adqui it uma tradgao deste
documento de: 212 EIm St, Ma
Le suivante est un important document legal. II pourrait
cette forme A: 2 2 Elm St, Northampton Ma a traduction de
Questo a un documento legale importante. Potrebbe avere
effectto sui suoi diritti. Lei pub ottenere una traduzione di
questo modulo a: 212 Elm St, Northampton Ma
sus direchos. Ud documento
adquiir��na tradcc bn de estate
forma en: 212 Elm St, Northampton Ma
To jest wazne legalny dokument. To moze miec wplyw na
twoje uprawnienia. Mozesz tlumaczenie
Mateo
dokumentu w oflsie: 212 Elm St,
NORTHAMPTON BOARD OF HEALTH
City Hall, 210 Main Street
Northampton, MA 01060
Tel#: (413) 587-1214
amber 17, 2009
hway Auto Salvage
Mount Torn Road
rthampton Ma
360
182 Mount Tom Road
accordance with, MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code
rapier II: Minimum ownedlyds for
managed by you, bytAimee PetroskY on October 27du2009 at 182 Mount
rm Road, a property
ie Following Violations were noted.
Code Number
.10A01
410.253
Violation
Ceiling Height non at the
minimum of 7 feet in
bedrooms
Comments
Date of
Correction
11/30/2009 Ceiling height is 6 if
8.5 inches.
Electrical socket in bedroom
and kitchen not working.
11130!2009
Please repair
The Northampton Board of Health is acting under the authority of
MASSACHUSETTS GENERAL LAWS, 105 CMR 410.000: State Sanitary Code Chapter II:
living ng in this house until violations Habitation.
re corrected. Failure to do so could resu t in legal
nt have a
action taken against you to pursue compliance with this order. A re-inspection will take
place on or around December 30, 2009. If you would like to be present please contact the
Health Department to schedule a time.
Failure to comply with any order issued pursuant to the provisions of 105 CMR 410.000-shall
upon conviction be fined not less than$10 or more than$500. Each day's failure to comply shall
constitute separate violations.
Please be advised that If you are aggrieved with this order you have the right to request a
hearing.You must submit a written petition requesting a hearing within seven (7)days from the day the
order was served
Sincerely,
�..4a L-A
This inspection report is signed and certified under the pains and penalties of perjury
Aimee Petrosky
Health Inspector
212 Main St 01060
Northampton Ma,
413-587-1214
Amo Development LLC
182 Mt. Tom Road
Northampton, MA 01060
November 24, 2009
Board of Health
City of Northampton
212 Main Street
Northampton, MA 01060
Re: 182 Mt. Tom Road
Northampton, MA 01060
REQUEST FOR HEARING
Edward Amo, member of the Amo Development LLC owner w/propertY at
182 Mt. Tom Road Northampton, MA request a hearing on alleged
violations noted in a notice dated November 17, 2009 conceming Code No.
410.401and 410.253.
The notice that was addressed to Highway Auto Salvage Inc. is incorrect
because Amo Development LLC owns the house so the records should be
corrected as to the proper owner.
The one electrical socket in the bedroom that is bad, alone with the one in
the kitchen will be correct as soon as possible. Our last tenant Shelia
Clinton never informed us that there was a problem with either of them.
This notice is an extreme hardship for both myself and my incoming renter
who now must look for other living arraignments until this matter is
resolved.
Yours truly,
Edward F. Amo