26 unit 100 Complaints 2004-2005 BOARD OF HEALTH
CITY HALL
COMPLAINT RECORD
Date: q_ .o-tq
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Name of Complainant: Karma_. i.,
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NATURE OF COMPLAINT
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Address:
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Taken by:
Date of Inspection:
Time:
INSPECTOR'S REPORT:
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Action Taken:
Inspector Signature
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Sept. 26, 2004
To the Magna House Board:
Ladies and Gentlemen;
Last December I purchsed unit #100 in Magna House. The location
and layout seemed ideal, and I intended to make this my permanent
home.
In fact, I have enjoyed living here, but for reasons of health I fmd it
necessary to move. Since August, about 35 prospective buyers, both
couples and singles, have viewed my freshly renovated unit.
Although I get enthusiastic comments from prospective buyers
about my individual apartment, ther feedback about the building is truly
worrisome.
I believe prospective buyer comments should be of great
interest to the board and all the unit owners of Magna House.
1) Even before entering the buiding, prospective buyers are turned
off by the large patches of pe, ling paint on the overhang, and by
cobwebs and dirt on first floor windows.
2) They say that immediately on entering the lobby they are struck
by the stench of the building. (It appears that offensive odors
result from standing water and moisture in the basement.)
3) They comment on the stained carpets in the halls - a situation
made worse by workers installing the roof and heat pumps.
4) Their strongest comments, however, concerned the air quality in
the hallways; specifically, cigarette smoke, dampness, and cooking
odors. (Of course cigarette smoke, which is leaching into aparment
units as well as the hallways, represents a serious health hazard -
especially for the very young and those with allergies and asthma.)
The spread of odors is exacerbated by the fact that fire doors
are often left open.
I bought my condo in good faith, believing my investment would be
protected. It is now clear, however, that I am likely to take a major
financial loss on my unit.
While Magna House was once considered to be a very desirable
address, word of its current condition has gotten around among real
estate agents, who find their time more profitably spent selling units in
other condominiums. As a result showings are way off.
There is no reason to believe that these problems are mine alone. I
am sure that for many unit owners their condos represent a significant
portion of their assets. The deterioration of the physical condition of
Magna House has thus certainly resulted in a reduction of the financial
positions of all owners. While many residents may feel that problems in
selling their units will arise only in the distant future, experience
indicates that the necessity to move often arises rapidly and unexpectedly.
What can be done to improve the physical condition of
Magna house?
There are some small, inexpensive measures that I believe could
be done immediately. These include simply hosing down the first floor
windows, raking up branches and twigs, replacing dead plants in the front
flowerpots, and assuring that fire doors remain closed.
Incidentally, the quality of maintenance at Magna House seems to
have dropped off since Eaglecrest took over last May . For instance, the
badly stained carpet in the elevator was not shampooed, nor dead birds
removed from the overhang, until I personally mentioned these problems
to Eaglecrest. I believe good managers should inspect the property
frequently, and should have seen to these and other measures
automatically. In contrast, I am not aware that the current managers have
visited the building except during the annual meeting.)
Other necessary and urgent improvements will certainly be
somewhat more expensive. The overhang should obviously be scraped and
repainted, the carpet should at least be shampooed, and problems with
water in the basement (which now seem to result from leaking pipes as
well as rain) should be taken care of. The single sump pump there is not
doing the job!
Of course, no one likes to pay higher fees. I am very sympathetic
with those who, like me, have to live on fixed incomes. Problems will
simply multiply and become more expensive, however, if left uncorrected.
I believe it would be to everyone's best financial interest to make Magna
House once again a prized address, even if that requires an increase in
maintenance fees or a special assessment.
Finally, I would like to thank the board for their hard work (I know
it is a very difficult job) and for their help to me in the past
Sincerely,
_,cam IR , )
Catharine R. Morrish
Copy to Eaglcrest
4 October 2004
Dear Catharine Morrish:
(3)(;,f()_eites-r--
C, '
Thanks for your letter of 26 September; it will provide support as and when we
find ourselves in a position to pay for the improvements you mention. All of them have
been part of the long-term maintenance and restoration plan of several Boards now, as
reported for several years (before you came) at the budget and annual owners'meetings.
Following years of special assessments and methodical savings, we have now replaced
the roof for $92,000, and expect to follow with other planned improvements.
The carpeting,incidentally, is not stained but simply showing eighteen years of
normal wear, and the roofers were rightly praised for their care and cleanliness in moving
to, from, and around the work site. Basement water is a long-term challenge,but
seasonal. Fire doors are kept open on an emergency-release system by unanimous
decision of the owners some years ago to allow for air circulation and convenience in
handicapped access and grocery delivery, and to counteract a claustrophobia many
owners felt with the doors closed.
Let me point out, however, that all of the conditions you note existed when you
moved in as well; nothing has changed, except that a new roof is now in place, along with
many new heat pumps. Your phrase "in good faith" implies that some sort of
representations were made to you at the point of purchase that were not fulfilled; the
Board takes strong exception to any such notion. Anyone contemplating moving into this
or any condominium is well advised to contact its governing board first to resolve any
questions about policies and views toward maintenance, fee increases, capital outlays,
demographics, neighborhood issues,relations with the city, etc.,before making major
commitments.
In my letter of 16 September,I have already indicated that you should identify
and promote the positive aspects of Magna House if you wish to sell your unit. It is
standard advice in real estate not to renovate one's house or living area beyond the norm
for the neighborhood ("Don't be the best house on the block!"). If you have overspent on
redecorating for someone else's (unknowable) taste, you must bear the responsibility for
any shortfall in the selling price, and no one should be surprised if the result is less than
your hope.In fact, however, despite a tight economy, condominium values are increasing
remarkably throughout Northampton, and attractive available siting is scarce these days
for proposed new builds and conversions. (Just ask my barber,who knows everything!)
Common complaints of condo owners elsewhere are the free-spending habits of
(often personally wealthy) Board members; diversion of insurance, building, landscaping,
and maintenance contracts to personal friends/colleagues; unavailability or
unresponsiveness to day-to-day concerns of owners; routinely divisive meetings;
inconsistent interpretation or enforcement of policies/regulations- and failure in
systematic support of a "reserve" or capital/contingencies fund. You can tell your realtors
and guests that this is not the case at Magna House.
For events other than emergencies involving threats to health, safety, or property,
you are asked to contact a Board member rather than the management company. We are
better able to place your concern in the immediate context of comparable occurrences and
solve it on site or counsel management in priorities. We cannot afford to have skilled
labor come from Amherst simply to remove another dead bird. This is an example of an
item noted in the past but not rising to a Board priority, compared with lights and leaks.
We are not insensitive to the danger posed by certain windows,which can be deceptively
reflective. Following professional advice, we have emplaced silhouettes of
enemy/predator birds in certain windows. Regarding other issues,we have increased the
frequency of some surface (B Floor) and window (front)cleaning to effect noticeable
improvements. Ii it turns out that an owner such as yourself can convince clueless
substitute cleaning personnel to do modest special tasks, I suppose that's all to the good.
Again, we do wish you well in selling your unit. If you are still here into the next
fiscal and calendar year, you will doubtless be witness to unpopular increases in fees
and/or special assessments. In that case,perhaps we can call on you to help convey the
message of how important these contributions are for the financial security and future
happiness of all owners.
For the Board:
C. Roger Davis
Magna House Condominium Association
26 Crescent Street , #205
Northampton, MA 01060
12 October 2004
Ms. Catharine Morrish
26 Crescent Street , #100
Northampton, MA 01060
Dear Ms. Morrish:
The Board of Magna House has received from the Board of
Health your concern about water leakage through the foundation.
The Board of Health has suggested sealing the foundation
with a water sealant paint , and we propose to undertake this
action promptly, as soon as you indicate to us the location
of the leak that is of concern to you.
For the Board:
C. Roger Davis
President
ec: Ernest J. Mathieu, R.S. , M.S. , C.H.O.
Director of Public Health
City of Northampton
October 16, 2004
Dr. C. Roger Davis, President
Magna House Board
26 Crescent Street
Northampton, MA 01060
Dear Dr. Davis,
I have received your certified letter of October 13. I appreciate the
intention of the Magna House board to take prompt action to safeguard
the health of the residents of Magna House, as required by the City of
Northampton Board of Health.
I assume that the services of a qualified professional will be obtained to
identify the sources of the water, mold, and mildew noted by the Board of
Health.
Sincerely,
Catharine R. Morrish
Unit 100, Magna House
cc Board of Health
26 Crescent Street
Northampton, MA 01060
28 October 2004
Ernest J. Mathieu
Director of Public Health
City of Northampton
212 Main Street
Northampton, MA 01060
Dear Mr. Mathieu,
I am writing in response to your letter and notice of 29 September to me as
President of the Board of Managers of the Magna House Condominium Association
regarding water seepage through the foundation and into the basement of our building at
26 Crescent Street in Northampton.
You informed me that Catharine Morrish, the owner of Unit 100 at Magna House,
had raised concerns about conceivable health consequences for residents of the building
in consequence of the invasion of water into the basement. You suggested that we
address the problem by applying a coat of waterproof paint to the wall(s) to block the
movement of water through the wall. On behalf of the Magna House Board, I wrote to
Ms. Morrish on 12 October, indicating that we were prepared to apply a water sealant
promptly as soon as she indicated the location of the seepage that concerns her. A copy
of this letter was sent to your office.
As of this date, Ms. Morrish has failed to respond to our request. Regardless of
her inattention to this matter, it remains that the application of the water sealant requested
would do little to remediate the problem at hand. Whenever a heavy rain falls in
Northampton, our basement floods. The principal conduit for the water that invades our
building is two traps in the floor of our basement. Large volumes of apparently clean
water rise through these traps, sometimes to a depth of 10 inches or so on the basement
floor. Water seeps as well through the walls on these occasions but is a minor nuisance
compared to that coming up through the traps. Sump pumps located in the basement
move the water up a short flight of exterior stairs and out into the parking lot at the front
of our building. After the rain stops, the pumps generally clear the basement of standing
water in a matter of a few hours and the floor and walls dry out in a day or two. We run a
dehumidifier virtually all the time in the basement in an effort to control dampness. From
time to time,we apply a bleach solution to the brickwork in the basement to counter the
growth of mold, and we have applied a water sealant to the walls on several occasions.
We have been frustrated,though,in our attempts to address the source of the problem—
the invasion of massive amounts of water through the traps in the floor of our basement.
In years past, the members of earlier Boards consulted several professionals who
offered competing hypotheses about the root cause, and Board members credentialed in
engineering concluded there were two conceivable sources of our problem. In truth,no
one knows with any certitude where that water comes from. The likely hypothesis is that
water is backing up into our basement from the storm sewers in front of our building
which are woefully inadequate to handle the large volumes of water coming down Round
Hill and entering the sewers along Crescent Street. We have been told that an 8"sewer
line on Crescent Street feeds into a 4" line at a one-degree grade just to the north of our
building. According to this hypothesis,water from three storm-sewer lines on our
property and at least one from the Clarke School above and behind us is being pushed
back into our basement by the overwhelmed 4" line. The alternative hypothesis is that
underground swales on Round Hill and/or a broken Clarke School sewer line(s) are
depositing water under our building which is forced upward into the basement as the
pressure behind it intensifies.
Neither the present Board nor previous Board members have been inattentive to
the situation. Since our Association gained control of our own business affairs, in 1989
or so, we have contacted a succession of Ward 2 councillors and the Northampton
Department of Public Works on various occasions. Clare Higgins and several members
of the City Council visited us in the early 1990s to inspect the building and discuss the
problem. I have spoken with the Director of the DPW three or four times since I came on
the Magna House Board and our business manager, Jeanne Harlow has called him several
times. Fran Volkmann informed us four years ago or so that the city has long had plans
to repair or replace the sewer line, that this is the DPWs"highest discretionary priority,"
but that the necessary funds from the state have not come through as expected.
Curiously, two men from the DPW(Felix and Mike) have been surveying Crescent Street
this month. On 18 October,they told a Board member that they were once again laying
and costing out plans to replace the sewers, improve the drainage, and resurface Crescent
Street. They said they were told"the money(almost$700,000)is in the pipeline,"but
understandably they had no sense of where it is or how soon it might be in hand.
When Magna House was converted to condominiums in the 1980s, it was
promoted as a`luxury address" That was a bit of hyperbole,but we do think of our
residence as home to chiefly upper-middle-class professionals and we have always
sought to maintain a comfortable and attractive setting that is, above all, safe and healthy.
Within the limits of our resources, we have endeavored conscientiously to address our
problems. It remains that this one has thus far been beyond our ability to remediate. The
members of our Board would welcome the opportunity to meet with you and others in
your department who could productively speak to the problems accruing from the
flooding in our basement. As members of the Board, we have a fiduciary responsibility
to protect the common elements of our building and the welfare of our owners, and would
welcome any guidance you could give us as we try to fulfill our responsibilities in this
regard. We do understand that your department is overtaxed, and we will make every
effort to fit into your schedule. We would truly appreciate the benefit of your perspective
on our dilemma.
Yours sincerely,
C.Roger Davis, President
Magna House Condominium Association
(413) 584-8586;rdavis @m-w.com
BOARD OF HEALTH
MEMBERS OFFICE OF THE
ROSEMARIE KARPARIS,R.N.,MPH
2ANTHI SCRIMGEOUR,MHEd,CHES
JAY FLEITMAN,M.O.
STAFF
ErnestJ.Mathieu,R.S.,M.S.,C.N.O.
Director olPubile Health
nerd Meozywor,R.B.,Sanitary Inspector
stride Abbott,R.N.,Public Health Nunn
Madeline Heon,Clerk
November 11, 2004
BOARD OF HEALTH
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
The Board of Magna House
Attn: Roger Davis,Board Chair
26 Crescent Street
Unit 205
Northampton,MA 01060
212 MAIN STRE
NORTHAMPTON,MA
(413)887-121.
FAX(413)887.15
RE: Photos of 26 Crescent Street- Water Problem
REASON FOR INSPECTION: Complaint by Owner of Unit
Dear Roger Davis, Board Chair,
Please be advised that the deadline to comply with the orders in the letter sent to you by
this office dated September 29, 2004,has expired on October 30, 2004. A re-inspection
was conducted on November 8, 2004 and on November 22, 2004. On November 22, 2004
I was accompanied by Rosemarie Karparis, Chair of this Board and Stanley F. Szewczyk,
Local Building Inspector. It appeared that the violations still exist. There was evidence of
mold and mildew growth that was observed in the water stained areas of the walls.
Please submit in writing to this office no latter than December 3,2004 the following:
1. What plans have been formulated to correct the water leaks?
2. What work has been done, if any?
Below are photos of the cellar area of Magna House,26 Crescent Street,taken on
November 8, 2004.
Page 2 - Photos of 26 Crescent Street-Water Problem
Sin erely,
Ernest J. Mathieu, R.S.,M.S., C.H.O.
Director of Public Health
Pc: Building Department
<D OF HEALTH
MEMBERS OFFICE OF THE
tOSEMARIE KARPARIS,R.N.,MPH
ANTHI SCRIMGEOOR,MHEd,CHES
JAY FLEITMAN,M.O.
STAFF
.meet J.Mathieu,R.S.,M.S.,C.H.O.
Director of Public Health
and Meezywor,R.S.,Sanitary Inspector
icia Abbott,R.N.,Public Health Nurse
Madeline Neon,Clerk
BOARD OF HEALTH
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
212 MAIN STREET
NORTHAMPTON,MA 01000
(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 AT:
I
September 29, 2004
The Board of Magna House
Attn: Roger Davis, Board Chair
26 Crescent Street
Unit 205
Northampton, MA 01060
RE: 26 Crescent Street, Unit 100, Water Problem
REASON FOR INSPECTION: Complaint by Owner of Unit
This is an important legal document. It may affect your rights. You may
obtain a translation of this form at:
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teo dokumentu w ofisie:
1E2
r Mr. Davis:
September 29,2004, a representative from this office conducted an inspection at the premises
ted at 26 Crescent Street Unit 100, owned or operated by Katherine Morrish, for compliance with
ipter II of the State Sanitary Code. I understand from Mrs. Morrish the your Board is
tonsible for correcting this problem. If you dispute this please call me IMMEDIATELY.
letter will certify that the inspection revealed violation(s)which are listed below,which are or
Id be serious enough as to endanger or materially impair the health, safety, and well-being of the
Jpants.
2TICLE H 410.000 VIOLATIONS
LLAR AREA
Water accumulation observed in cellar of unit. Foundation appears to leak. Owner states
that water comes through foundation at bottom of wall during rain storms and water ponds
on cellar floor. She states that she has made the management aware of this. She has also
made the Association Board Members aware of this problem, but to no avail any corrective
action was taken. There was also mold and mildew observed.
ORDER: Repair leak. Suggest sealing foundation with a water sealant paint.
0 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 410.750 of Article II of the State Sanitary Code.
der authority of Chapter III, Section 127 of the Massachusetts General Laws, and Chapter II of the
.te Sanitary Code, you are hereby ordered to make a good faith effort to correct the following
dations by October 30, 2004 or unless otherwise indicated next to the correction order.
ould you be aggrieved by this order,you have the right to request a hearing before the Board of Health. A
guest must be received in writing to the office of the Board of Health within seven(7) days of receipt of this
ler. At said hearing, you will be given an opportunity to be heard and to present witnesses and documentary
dence as to why this order should be modified or withdrawn. You have the right to be represented by an
orney. You may contact this office to inspect and obtain copies of all relevant inspection or investigation reports,
lers, notices and other documentary information relative to this property.
sase feel free to contact the Board of Health office, at 587-1215, if you have any questions concerning this
fitter. Thank you for your anticipated cooperation in this matter. This inspection report is signed and certified
der the pains and penalties of perjury.
ncerely,
nest J. Mathieu, R.S., M.S., C.H.O.
rector of Public Health
:: Catharine Morrish
11/24/04 9:53:24 PM RESIDENTIAL PROPERTY RECORD CARD CITY OF NORTHAMPTON, MASSACHUSETTS EFFECTIVE DATE OF VALUE: JANUARY 1, 1998
PARCEL ID: 31B-312-005 26 CRESCENT ST #100 PLOT: LIVING UNITS: 1 CRASS: R - 102 CARD #: 1 OF 1
CURRENT OYMER/ADDRESS ZONING: URC NEIGHBORHOOD ID: 65.00 FINAL VALUE FLAG: MAN OVERRIDE
SIEGEL LOIS 8 STEPHEN WOLFE LAND DATA - ASSESSMENT INFORMATION -
260 RESCENINS R M#100SH TYPE SIZE INFLUENCE FACTORS LAND VALUE
26 CRESCENT ST #100 PRIOR COST CURRENT
NORTHAMPTON MA 01060 LAND
TOTAL 166,000 166,000
DEED BOOK: 3854
DEED PAGE: 195 SALES INFORMATION
DEED DATE: 199:1201 TOTAL ACREAGE: TOTAL LAND VALUE:
DATE TYPE PRICE VALIDITY
LAST UPDATE/COST: 20040428
20040227 BLDG ONLY 252,000 G
LAST UPDATE/COST: 20040428
ADDITION DATA
X DATE:
Lover Level First Floor Second Floor Third Floor Area
DATA COLLECTION INFORMATION
ENTRANCE CODE: ENTRY + SIGN
INFORMATION SOURCE:
DATA COLLECTOR:
DATE:
DWELLING INFORMATION
STYLE: OTHER
YEAR BUILT: 1986
STORY HEIGHT: 1.00
ATTIC: NONE
Basement: NONE
TO ROOMS: 5
FULLL BEDROOMS: 2
FULL BATHS: 1 ADDITIONAL DWELLING INFORMATION
Half Baths: ADDITIONAL FIXTURES:
BASEMENT WALLSE(#CARS) BRICK T :
UNFINISHED
EXTERIOR AREA: FRAME STONE TRIM: X
TOTAL LIVING AREA: 1456 REMODELING DATA
FINISHED BASEMENT LIVING AREA: X
BASEMENT RECREATION AREA: X YEAR REMODELED:
MSSONARY FIREPLACE STACKS/OPENINGS: / KITCHEN REMOD V/N
METALI, FIREPLACES:
HEAT/CENTRAL A/C: CENTRAL AIR BATH REMODEL (V/N
HEAT NG SYSTEM: ELECTRIC
pFpUUUppELIITYPE: ELECTRIC
OOND/ESIRABILITY/UTILITY GD INTERIOR/EXTERIOR SAME
OUTBUILDINGS & YARD ITEMS PERMIT DATA
TYPE QTY YR SIZE1 SIZE2 GRD COND DATE PURPOSE PRICE
NOTES:
LEQUEST FOR A PROBABLE CAUSE HEARING
RE: State Sanitary Code
any Justice or Clerk Magistrate of the Western Division Housing Court
SPRINGFIELD HOUSING COLRT
37 ELM STREET
SPRINGFIELD,MA 01101
ATTN:KATHY
RNEST J. MATHIEU,DIR OF PUBLIC HEALTH NORTH of Health OARD OF Ht HEALTH
Name of Inspector Name
212 MAIN STREET NORTHAMPTON,MA 01060
Street City/Town
**********************************************************************
JN OATH COMPLAINS THAT: The Board of Magna House, Roger Davis, Chair Who's
dress is: The Board of Magna House, Attn: Roger Davis, Board Chair, 26 Crescent Street,Unit 205, Northami
D60
as and is the said owner of this residential premises located at: 26 Crescent Street, Unit 205,Northampton,
Wherein the following violations of the State Sanitary Code exists (Please also see attached report):
Enforcement letter attached dated September 29, 2004 and which a re-inspection was
conducted on October 22,2004 and no violations were found corrected.
**************************************************************************
On September 29,2004, a representative of the Northampton Board of Health Inspected the premises and
determined that the above-noted code violation(s) exits.
On September 29, 2004, pursuant to the requirements of the.State Sanitary Code, the above-noted propert
owner was served with a written order to remedy these violations.
As of October 22, 2004, and from day to day thereafter, the above-noted property owner has willfully,
intentionally, recklessly, or repeatedly failed to comply with said order.
As such, I respectfully request that a Probable Cause Hearing be scheduled at the Court's earliest
convenience relative to this matter. Kindly find a copy of the Inspector report attar ed to this request.
Date
Complainant's Signature
Director of Public Health (413) 587-1214
Housing Court Western Division
37 Elm Street
Springfield, Massachusetts 01103
(413) 748-7838
Robert G. Fields William H. Abrashkin
Clerk Magistrate First Justice
Date : November 26, 2004
Re: Northampton Bd. of Health
Vs : The Board of Magna House
No: 04-PC-01704
NOTICE OF SHOW CAUSE HEARING
A request for criminal complaint naming you as the defendant
has been filed in this Court, and a copy of the proposed complaint
is enclosed.
Before any criminal process issues, the Clerk of the Court
will hold a show cause hearing to determine if there is sufficient
evidence to require that you be charged with the offense alleged.
A clerk' s hearing to determine whether criminal proceedings
will be commenced against you will be held at the Courtroom 2 of
the Housing Court Northampton, at 15 Gothic Street, Northampton, MA
01060 at 09 : 30 o'clock, Monday, December 13 , 2004 .
At the hearing you may present your side of the matter, bring
witnesses, and be represented by an attorn , if you so choose.
Robert G Fields
Clerk Magistrate
ECMS: SCH-SCAUSE
November 27, 2004
Ernest J. Mathieu
Director of Public Health
212 Main Street
Northampton , MA 01060
Dear Mr. Mathieu:
Thank you for coming to Magna House on Monday, November 22
with your fine team.
I am concerned about all the wet, malodorous sandbags in the boiler
room and the corridor outside. I think they are contributing to the
dampness problem.
Magna House,
26 Crescent Street
Northampton, MA 01060
Yours truly,
Catharine R. Morrish
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COMMONWEALTH OF MASSACHUSETTS
HOUSING COURT WESTERN DIVISION
NORTHAMPTON BD. OF HEALTH
Plaintiff
No. 04-PC-01704
THE BOARD OF MAGNA HOUSE
Defendant
NOTICE OF REVIEW DATE
The above case will be called for review at Courtroom 2 of the
Housing Court Northampton, at 15 Gothic Street, Northampton, MA
01060 at 09: 30 o'clock, Monday, January 10, 20 5 .
Robert G. Fields
Clerk Magistrate
Date : December 15, 2004
ECMS: SCH-REVIEW
BOARD OF HEALTH
MEMBERS
ROSEMARIE KARPARIS,R.N.,MPH
XANTHI SCRIMGEOUR,MHEd,CHES
JAY FLEITMAN,M.D.
STAFF
Emest J.Mathieu,R.S.,M.S.,C.H.O.
Director of Public Health
:hard Meczywor,R.S.,Sanitary Inspector
dricia Abbott,R.N.,Public Health Nurse
Madeline Neon,Clerk
nuary 7, 2005
ie Board of Magna House
tn: Roger Davis,Board Chair
Crescent Street
lit 205
rthampton, MA 01060
BOARD OF HEALTH
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
26 Crescent Street, Unit 100, Water Problem—Re-inspection Follow-up
ar Mr. Davis:
212 MAIN STREET
NORTHAMPTON,MA 01061
(413)587-1214
FAX(413)587-1221
January 7, 2005, a representative from this office conducted an re-inspection of the basement floor at the
,mises located at 26 Crescent Street(Magna House). The re-inspection revealed the there has been much work
3e and you and your Attorney,Larry Farber also stated that it will continue until the water problem is resolved.
so continued the court case to February 14, 2005, at 1:30 am. I will also look into the situation of the water
inage under the floor area that has the metal plate cover Thank you for your continued cooperation in this
tter.
cerel
t 7. Mathieu, M.S., C.H.C.
ector of Public Health
Building Department
COMMONWEALTH OF MASSACHUSETTS
HOUSING COURT WESTERN DIVISION
NORTHAMPTON BD. OF HEALTH
Plaintiff
No. 04-PC-01704
THE BOARD OF MAGNA HOUSE
Defendant
NOTICE OF REVIEW DATE
The above case will be called for review at Courtroom 2 of the
Housing Court Northampton, at 15 Gothic Street, Northampton, MA
01060 at 09 : 30 o ' clock, Monday, February 14 , 2005 .
Date : January 12 , 2005
ECMS : SCH-REVIEW
Robert G. lds
Clerk Magi ate
Notes:
Re-inspection 01/07/05-2 Conz Street-Maplewood Apts. #66—Bldg. #2 —
Richard Morrison, Tenant
Previous tenants name was Sarah Therrien
Owners Email address: mberge4527 @aol
Smoke detector is working-number of one is ok
Tenants meter is#66
Owners meter is labeled "owners meter"
Stairway is on Steve Vogels meter. He is aware of it and his place is a business.
COMMONWEALTH OF MASSACHUSETTS
HOUSING COURT WESTERN DIVISION
NORTHAMPTON BD. OF HEALTH
Plaintiff
No. 04-CR-00181
HAIM SHAHAR
Defendant
CRIMINAL SUMMONS
You are hereby summoned in the name of the Commonwealth of
Massachusetts to appear before the Housing Court Western Division
which will hold a session for the transaction of criminal business
at Courtroom 2 of the Housing Court Northampton, at 15 Gothic
Street, Northampton, MA 01060 at 09 :30 o 'clock, Monday, January 10 ,
2005 .
all to answer to a Complaint made on oath this day before this
Court, a copy of which accompanies this Summons . Please be advised
that a Default Warrant will issue for your arrest if you fail to
appear in Court at the time and place above mentioned.
WITNESS, William H. Abrashkin, Judge of the Housing Court
Western Division, on December 22, 2004 .
Robert G. Fields
Clerk Magistrate
NOTIFICACION PARA LAS PERSONAS DE HABLA HISPANA: SI USTED NO PUEDE
LEER INGLES, TENGA ESTE DOCUMENTO LEGAL TRADUCIDO CUANTO ANTES .
NOTICE TO OFFICER SERVING SUMMONS
To any Officer who is authorized to serve criminal process in the
Commonwealth, and to the Court Officers of this Court, Greeting:
We command you in the name of the Commonwealth of Massachusetts,
forthwith to serve this Summons and accompanying Complaint, in hand
to the person listed herein at the address listed above, or by
leaving an attested copy hereof at the Defendant ' s dwelling or
usual place of abode with some person of suitable age and
discretion then residing therein, in any case at least twenty-four
hours prior to the return hour specified in this Summons. MRCrP
Rule 6 (c) (3) . Please make your return of service pursuant to the
reverse of this Summons .
ECMS : SUMMONS-CR
le Mathieu
1 •
ect:
<s.
Anthony Patillo
Thursday, February 10, 2005 2:22 PM
Ernie Mathieu
RE: magna house crescent st
Original Message----
:rom: Ernie Mathieu
lent: Thursday,February 10,2005 12:22 PM
re: Anthony Pabllo
Subject: RE: magna house crescent st
No
I met there with the Water Dept. on 1/28. It was left that their attorney, Larry Farber was going to send me a letter
outlining the work to be done ( the floor has to be opened op and drain pipes have to be connected)and a time
schedule. When I get it I will give you a copy.
Ernie
From: Anthony Patillo
Sent:Thursday February 10, 2005 9:53 AM
To: Ernie Mathieu
Subject: magna house crescent st
Ernie,
Has water problem been resolved at Magna house at 26 Crescent st?
Tony
COMMONWEALTH OF MASSACHUSETTS
HOUSING COURT WESTERN DIVISION
NORTHAMPTON BD. OF HEALTH
Plaintiff
No. 04-PC-01704
THE BOARD OF MAGNA HOUSE
Defendant
NOTICE OF REVIEW DATE
The above case will be called for review at Courtroom 2 of the
Housing Court Northampton, at 15 Gothic Street, Northampton, MA
01060 at 09 : 30 o' clock, Monday, February 28, a05
Date : February 17, 2005
ECMS : SCH-REVIEW
Robert G. Fields
Clerk Magistrate
COMMONWEALTH OF MASSACHUSETTS
HOUSING COURT WESTERN DIVISION
NORTHAMPTON BD. OF HEALTH
Plaintiff
No. 04-PC-01704
THE BOARD OF MAGNA HOUSE
Defendant
NOTICE OF REVIEW DATE
The above case will be called for review at Courtroom 2 of the
Housing Court Northampton, at 15 Gothic Street, Northampton, MA
01060 at 09 : 30 o'clock, Monday, April 11, 2005 .
Date: March 01, 2005
ECMS: SCH-REVIEW
Robert G. ields
Clerk Magistrate
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.N.O.
Director of Public Health
hard Meczywor,R.S.,Sanitary Inspector
arias Abbott,R.N.,Public Health Nurse
Madeline Neon,Clerk
March 3,2005
Lawrence Farber, Esquire
30 Boltwood Walk
Amherst, MA 01002
BOARD OF HEALTH
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
RE: 26 Crescent Street- Water Problem- Work Schedule
Please be advised that I an in recipient of your letter dated March 1, 2005.
212 MAIN STREET
NORTHAMPTON,MA 01060
(413)587-1214
FAX(413)587-1221
In your letter you stated that you are awaiting a written proposal from Fletcher Plumbing.
As you well know, I have been continuing this case since December 13, 2004, I an effort to
work with you and the Association on this problem. I have been requesting a timetable of
work with a completion date since we meet on site on January 28, 2005. I am willing to
continue the case for another 30 days beyond the court date that we have which is April,
11,2005 provided that you comply with the request below. That will bring us to the next
court date of May 16,20U5.
With the adequate time given to plan for the work needed for this project please submit in
writing to this office no latter than the next court date on April 11, 2005, the following:
1. A timetable of work with a completion date of the project.
2. Where or where will the sump pump discharge be discharge into?
Please call if you have any questions.
Ernest J. Mathieu,R.S., M.S., C.H.O.
Director of Public Health
Pc: Building Department
The Board of Magna House
Attn: Roger Davis, Board Chair
26 Crescent Street
Unit 205
Northampton, MA 01060
LAW OFFICE OF
LAWRENCE J. FARBER
30 Boltwood Walk
Amherst, Massachusetts 01002
(413) 256-8429 Fax: (413) 256-8526
March 1, 2005
Ernest Mathieu, Director of Public Health
Office Of Board Of Health
City of Northampton
212 Main Street
Northampton, MA 01060
Re : 26 Crescent Street, #100, Northampton
Northampton BOH v. The Board Of Magna House
Housing Court No. : 04 PC 1704
Dear Mr. Mathieu:
Fletcher Plumbing has performed the inspection of the drainage
system in the basement of the Magna House. Fletcher proposes to
install a sump pump in the basement that is tied into the existing
drainage system. In addition, he plans on clearing the lines of
the existing drainage system of any debris that may have built up
and which he believes is the cause of the backup. He will be
reducing his proposal to writing which we have not, of this date,
received. Based on this proposal, and Magna House' s intentional of
following through on it as timely as possible, I would ask that we
continue this matter one more time for another thirty (30) days to
allow Magna House to arrange for Mr. Fletcher to perform the work
as described above .
Thank you for your attention to this matter. If you have any
questions or concerns, please do not hesitate to call .
Very Truly Yours,
`Lawrence J. Farber
LF/dar
cc : C. Roger Davis -
Magna House
26 Crescent Street, #205
Northampton, MA 01060
LAW OFFICE OF
LAWRENCE J. FARBER
30 Boltwood Walk
Amherst, Massachusetts 01002
;413) 256-8429 Fax: (413) 256-8526
March 24,2005
Ernest Mathieu
Director of Public Health
City of Northampton
212 Main Street
Northampton,MA 01060
Re: Magna House
Dear Mr. Mathieu:
Enclosed is the long awaited estimate of the work to be performed at Magna House
regarding the water issue in the basement. As you can see, Fletcher Sewer&Drain will be
installing an ejector system to transport the water away from the present drain point. He has
informed us that this work shall be completed within 30 days from the date of this letter. As
such, I once again request that this matter be continued for thirty days until April 25, for review
to assess compliance at that time
Thank you for your anticipated cooperation.
Very T our
L-'Lawrence b r
her Sew & Drain, Inc
Box 554
ow, MA 01056
Name/114dnw
L4GLE CREST
:3 CRESCENT ST
MORTHAMPTON MA 01060
Cate
31202005
QUO:E
—+
QUOTE It
.7M13
ACCEPTANCE DATE
Ceaaipan
ONA HOUSE•CUT OPENING IN B)ILEA
M4 FLOOR INSTALL EJECTOR SYSTEM&
E OVERHEAD TO EXISTING DRAIN LINE.
'AM CEMENT FLOOR.
tRY
Rate
Tctal
950 00
950.04
Subtotal
ma
down
lb at ccerlptcuat
Sales Tax (0.056)
Total
5930.0(
S0.0(
5950.0(
customer ignaWra
Phone a Faxa
413-788-7200 413-583-8363
E-mall
terimcinelloCenclancrnet
COMMONWEALTH OF MASSACHUSETTS
HOUSING COURT WESTERN DIVISION
NORTHAMPTON BD. OF HEALTH
Plaintiff
- v. - No . 04-PC-01704
THE BOARD OF MAGNA HOUSE
Defendant
NOTICE OF REVIEW DATE
The above case will be called for review at Courtroom 2 of the
Housing Court Northampton, at 15 Gothic Street, Northampton, MA
01060 at 09 : 30 o' clock, Monday, May 09, 2005 .
Date : April 11, 2005
ECMS : SCH-REVIEW
Robert G. ' Fields
Clerk Magistrate
THE TRIAL COURT
COMMONWEALTH OF MASSACHUSETTS
HOUSING COURT DEPARTMENT
CASE NO.
DyLfr -a/11Y
/.sfK
Plaintiff(s)
WESTERN DIVISION
[ ] MOTION FOR ISSUANCE OF A CRIMINAL COMPLAINT
[ ] MOTION TO CONTINUE THIS CASE TO: ! '
[ ] MOTION TO DISMISS
[ ] MOTION FOR THE ISSUANCE OF A NOTICE OF WARRANT FOR
[ ] MOTION FOR THE ISSUANCE OF A WARRANT
[ ] OTHER:
9a5
AT ilAitt
_
On behalf of the Plaintiff(s), the undersigned asks that the above indicated action be
taken in is case for the following reason(s): /
/
1St 42.
Dated:
[ ] ALLOWED
CLS: 10-5-00
N,9frDs'
a'
[ ] DENIED
Signature
Title o Capacity
Clerk/Asst. Clerk-Magistrate
COMMONWEALTH OF MASSACHUSETTS
HOUSING COURT WESTERN DIVISION
NORTHAMPTON BD. OF HEALTH
Plaintiff
No . 04-PC-01704
THE BOARD OF MAGNA HOUSE
Defendant
NOTICE OF REVIEW DATE
The above case will be called for review at Courtroom 2 of the
Housing Court Northampton, at 15 Gothic Street, Northampton, MA
01060 at 09 :30 o ' clock, Monday, May 23 , 2005 .
Robert G. F1&.ds
Clerk Magistrate
Date : May 09, 2005
ECMS: SCH-REVIEW
lie Mathieu
n: Anthony Patillo
t: Thursday, February 10, 2005 2:22 PM
Ernie Mathieu
Oct: RE: magna house crescent st
Iks.
Original Message
From: Ernie Mathieu
Sent: Thursday, February 10,2005 12:22 PM
To: Anthony Patillo
Subject: RE: magna house crescent st
No
I met there with the Water Dept. on 1/28. It was left that their attorney, Larry Farber was going to send me a letter
outlining the work to be done ( the floor has to be opened op and drain pipes have to be connected) and a time
schedule. When I get it I will give you a copy.
Ernie
From: Anthony Patillo
Sent: Thursday, February 10, 2005 9:53 AM
To: Ernie Mathieu
Subject: magna house crescent st
Ernie,
Has water problem been resolved at Magna house at 26 Crescent st?
Tony
ie Mathieu
is
sect:
Ernie Mathieu
Monday, May 09, 2005 10:41 AM
'Ijfarber @yahoo.com
FW: 26 Crescent Street
.arry,
ase call me to set a time for a re-inspection.
tics,
Le 587-1214 Direct 587-1213
--Original Message
to Ernie Mathieu
Monday, May 09, 2005 7:44 AM
lawrence farber'
ject: RE: 26 Crescent Street
10 Larry,
ill see you this morning and we will set a time for a re-inspection.
le
--Original Message
m: lawrence farber [mailto:lj£arber @yahoo.com(
t: Friday, May 06, 2005 3:43 PM
Ernie Mathieu
eject: Re: 26 Crescent Street
:e- The work has been completed. Unfortunately, it did not get completed until today
M25. The work was contracted to be performed on 4/27 (and this delay was caused by
.tine Fletcher to confirm a date) . I have several irrate e-mails from my clients over
delays in the work past 4/27/05. However, it is now done. I would guess that you
old like to review the work.
obviously do not have enough time to schedule an inspection before Monday. On Monday I
;ggest we agree to a compliance date inspection, or other proof you need regarding the
:k. As such, I will ask for another very brief continuance to give time for the
pection. Larry
Ernie Mathieu <emathieu @northamptonma.gov> wrote:
day 6, 2005
;ocd morning Larry,
1prii 23, 2005 was the deadline to have the work completed at 26
:rescent Street. Is it completed? If so, can you call me to arrange
for a re-inspection? I hope to here from you soon.
Thanks,
Ernie Mathieu
587-1214
hco! Mail Mobile
ke Yahoo'. Mail with you! Check email on your mobile phone.
tp: //mobile.yahoo.com/learn/mail
1
e Mathieu
ect:
Ernie Mathieu
Wednesday, May 11, 2005 9:06 AM
lawrence farber'
RE: FW:26 Crescent Street
GL
,day the 17th at 3:00pm. Please confirm.
_e
-1213
--Original Message
r: lawrence farber [mailto:ljfarber @yahoo.com]
Tuesday, May 10, 2005 3:31 PM
Ernie Mathieu
ject: Re: FW: 26 Crescent Street
ie- The 17th is now a good day for me, if it works for you. My clients inform me that
y can make time available as needed. If not the 17th, the 18th in the afternoon.
ry Farber
Ernie Mathieu <emathieu @northamptonma.gov> wrote:
i Larry,
lease call me to set a time for a re-inspection.
hanks,
rnie 587-1214 Direct 587-1213
----Original Message
nom: Ernie Mathieu
ent: Monday, May 09, 2005 7: 44 AM
o: 'lawrence farber'
ubject: RE: 26 Crescent Street
eilo Larry,
will see you this morning and we will set a time for a
e-inspection.
Irnie
----Original Message
'rom: lawrence farber [mailto:ljfarber @yahoo.com]
Sent: Friday, May 06, 2005 3: 43 PM
'o: Ernie Mathieu
Subject: Re: 26 Crescent Street
:rnie- The work has been completed. Unfortunately, it did not get
Jompleted until today 5/6/05. The work was contracted to be performed
:n 4/27 (and this delay was caused by getting Fletcher to confirm a
(late) . I have several irrate e-mails from my clients over the delays
in the work past 4/27/05. However, it is now done.
aeod guess that you would like to review the work.
ae obviously do not have enough time to schedule an inspection before
9onday. On Monday I sugggest we agree to a compliance date
inspection, or other proof you need regarding the work. As such, I
will ask for another very brief continuance to give time for the
inspection. Larry
--- Ernie Mathieu <emathieu @northamptonma.gov>
wrote:
> May 6, 2005
>
>• Good morning Larry,
kpril 23, 2005 was the deadline to have the work completed at 26
Crescent Street. Is it completed? If so, can you call me to arrange
for a re-inspection? I hope to here from you soon.
Thanks,
Ernie Mathieu
587-1214
ahoo! Mail Mobile
ake Yahoo! Mail with you! Check email on your
ob_le phone.
Itp: //mobile.yahoo.com/learn/mail
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y connected, organized, and protected. Take the tour:
p: //tour.mail.yahoo.com/mailtour.html
IOARD OF HEALTH OFFICE OF THE
MEMBERS
EMARIE KARPARIS,R.N.,MPH
XANTHI SCRIMGEAUR
JAY FLEITMAN,M.D.
STAFF
lest J.Mathieu,R.S.,M.S.,C.H.O.
Director of Public Health
Meczywor,R.S.,Sanitary Inspector
Abbott,R.N.,Public Health Nurse
Madeline Heon,Clerk
May 17, 2005
BOARD OF HEALTH
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
NOTICE OF COMPLIANCE
The Board of Magna House
Attn: Roger Davis, Board Chair
26 Crescent Street, Unit 205
Northampton, MA 01060
RE:26 Crescent Street—Re-inspection for compliance with orders
212 MAIN STREET
NORTHAMPTON,MA 01060
(413)587-1214
FAX(419)587-1221
Dear Mr. Davis:
On September 29,2004 an initial Housing Inspection was made at 26 Crescent Street as
a result of a complaint. Violations were observed and an enforcement letter with
correction orders was mailed to you.
Re-Inspections were conducted on November 8,2004,November 22,2005 and
January 7. 2005, On these re-inspections non-compliance with the violations
cited on September 29, 2004 were noted and other enforcement letters with
correction orders was mailed to you.
A final re-inspection was conducted on May 17,2005. All violations noted in the
enforcement letters that were sent to you were found to be corrected. Therefore,
please note that you have complied with all of the correction orders issued in the
above mentioned letters.
This letter was signed under the pains and penalties of perjury. If you have any
questions regarding this matter, please contact me at my office.
Ernest J. Mathieu, R.S.,M.S. C.H.O.
Director of Public Health
COMMONWEALTH OF MASSACHUSETTS
HOUSING COURT WESTERN DIVISION
NORTHAMPTON BD. OF HEALTH
Plaintiff
No. 04-PC-01704
THE BOARD OF MAGNA HOUSE
Defendant
NOTICE OF MRCP RULE 41 (a) (2) HEARING
The above case will be called for hearing to determine whether
the case should be dismissed without prejudice under MRCP 41 (a) (2)
for lack of prosecution, at Courtroom 2 of the Housing Court
Northampton, at 15 Gothic Street , Northampton, MA 01060 at 09 :30
o' clock, Monday, June 13 , 2005 .
Date : May 23 , 2005
ECMS : SCH-R41A2
Robert d Fields
Clerk Magistrate
COMMONWEALTH OF MASSACHUSETTS
HOUSING COURT WESTERN DIVISION
NORTHAMPTON BD. OF HEALTH
Plaintiff
No. 04-PC-01704
THE BOARD OF MAGNA HOUSE
Defendant
NOTICE OF DISMISSAL
After notice and opportunity for hearing, the above entitled
matter is dismissed, without prejudice, for lack of prosecution.
Robert G. ff"ields
Clerk Magistrate
Date : June 15, 2005
ECMS : DISM-R41A2