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20 APT 317 Complaints 2002-2004 T COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION 436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100 June 20, 2002 GENT LEGAL MATTER: PROMPT ACTION NECESSARY RTIFIED MAIL: RETURN RECEIPT REQUESTED mpton Housing Associates Limited Partnership Hampton Avenue rthampton,MA 01060 ention:Collin Loggins,Manager Re: Northampton 20 Hampton Avenue RTN 1-14435 Release of Petroleum Products NOTICE OF RESPONSIBILITY M.G.L. c. 21E 310 CMR 40 ar Mr.Loggins, BOB DURAND Secretary LAUREN A.LISS Commissioner :ase be advised that recently, in an effort to determine the source of petroleum odors observed by iidents of Randolph Place Apartments, the Department of Environmental Protection (the Department) ;covered greater than one half inch of floating petroleum product in a groundwater monitoring well at the u- of 20 Hampton Avenue. This information indicates that this property has been subject to a release of /hazardous materials in excess of the applicable reportable quantity or reportable concentration. Based this information,the Department has reason to believe that the property,or portions thereof, is a disposal e which requires a response action. The cleanup of disposal sites is governed by M.G.L. c. 21E and the CP. le information the Department received also indicates that you (as used in this letter "you" refers to tmpton Housing Associates Limited Partnership) are a party with potential liability for response action sts and damages under M.G.L. c. 21E, § 5. The attached summary is intended to provide you with formation about liability under Chapter 21E to assist you in deciding what actions to take in response to is notice. xi should be aware that you may have claims against third parties for damages, including claims for ■ntribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are wemed by laws which establish the time allowed for bringing litigation. The Department encourages you take any action necessary to protect any such claims you may have against third parties. This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. DEP on the World Wide Web'.htteewww.mass govldep Co Pnnled an Recycled Paper lampmn Ave. 1-/4435 ice ofResponribili v t STATUTORY LIABILITIES e Department has reason to believe that you are a potentially responsibility party(a"PRP")with liability der M.G.L. c. 21E, section 5, for response action costs. Section 5 makes the following parties liable to Commonwealth of Massachusetts: current owners or operators of a site where oil or hazardous materials located; any person who owned or operated a site at the time hazardous material was stored or disposed any person who arranged for the transport,disposal, storage or treatment of hazardous material to or at a e; any person who transported hazardous material to a transport, disposal, storage or treatment site from rich there is or has been a release or threat of release of such material; and any other person who ierwise caused or is legally responsible for a release or threat of release of oil or hazardous material at a ACTIONS UNDERTAKEN TO DATE AT THE SITE veral large capacity underground storage tanks were removed from the property in 1984. TRC vironmental Consultants, Inc.detailed site investigation activities(RTN 1-00256)in a report submitted to Department in August 1987 which included the installation of five monitoring wells and groundwater npling. The results of the investigation indicated that the site was contaminated with petroleum drocarbons and possibly with chlorinated solvents. Free phase petroleum product of up to several inches is detected in several wells on the property. In 1990, reports submitted to the Department by ivironmental Compliance Services, Inc. indicated that contamination (of an unidentified petroleum oduct, most closely resembling heavily weathered diesel fuel) was present at a level of 81,000 ppm in it abutting a storm pipe down gradient of properties currently owned by the City of Northampton and impton Housing Associates. This concrete storm pipe daylights into the Mill Stream behind Randolph ace. Diesel fuel at a concentration of 260 parts per million (ppm) was also detected at that time in a oundwater sample from ECS-9, a well placed near the pipe between the stream and the upgradient operties. These actions were taken as part of response actions conducted to address a release at the City oto Repair property located at the corner of Pearl and Pleasant Streets(RTN 1-00647). to Department encourages you to become familiar with the information contained in these submittals. NECESSARY RESPONSE ACTIONS AND APPLICABLE DEADLINES le presence of floating product greater than one-half inch in thickness constitutes a reportable release as ;ted in the Massachusetts Contingency Plan, 310 CMR 40.0000 (the "MCP") for which response tions are required. The Department requires the completion of the following response actions within I days of the date of this letter: performance of a limited subsurface investigation to include .mpling of on-site soil and groundwater for the presence of chlorinated solvents and petroleum ydrocarbons, a determination of groundwater flow direction, and a determination of whether door air is being impacted. This deadline for this site constitutes an enforceable Interim Deadline tablished pursuant to 310 CMR 40.0167. 310 CMR 40.0333 further requires that a completed elease Notification Form (RNF) be submitted to the Department within 60 calendar days of your ceipt of this letter. o disposal site will be deemed to have had all the necessary and required response actions taken for it rless and until all substantial hazards presented by the release and/or threat of release have been eliminated id a level of no significant risk exists or has been achieved in compliance with M.G.L. c. 21E and the ICP. he MCP requires persons undertaking response actions at a disposal site to submit to the Department a AO Statement prepared by a Licensed Site Professional upon determining that a level of no significant risk ready exists or has been achieved at the disposal site. Tampion Ave. 11-14435 ice of Responsibility 3_ iless otherwise provided by the Department,responsible parties have one year from the initial date notice a release or threat of release is provided to the Department pursuant to 310 CMR 40.0300 or from the to the Department issues a Notice of Responsibility,whichever occurs earlier,to file with the Department e of the following submittals: (1) a completed Tier Classification Submittal; or (2) a Response Action ltcome Statement; or(3)a Downgradient Property Status Submittal. If required by the MCP,a completed sr I Permit Application must also accompany a Tier Classification Submittal. The deadline for these imittals for this disposal site is one year from the date of this letter. addition, the MCP requires responsible parties and any other person undertaking response actions at a ;posal site to perform Immediate Response Actions in response to sudden releases,Imminent Hazards and inditions of Substantial Release Migration. Such persons must continue to evaluate the need for mediate Response Actions and notify the Department immediately if such a need exists. PROCEDURES TO FOLLOW TO UNDERTAKE RESPONSE ACTIONS re Department encourages parties having liability under M.G.L. c. 21E to take prompt action in response releases and threats of release of oil and hazardous materials. By taking prompt action,liable parties may ;nificantly lower cleanup costs and avoid the imposition of, or reduce the amount of, certain permit and/or nual compliance assurance fees payable under 310 CMR 4.00(e.g.,no annual compliance assurance fee is e for RAO Statements submitted to the Department within 120 days of the initial date of release ■tifcation). Ju must employ or engage a Licensed Site Professional (LSP)to manage, supervise or actually perform I response actions which you intend to undertake at this disposal site. You may obtain a list of the Imes and addresses of LSPs by contacting the Board of Registration of Hazardous Waste Site Cleanup ofessionals by telephone at (617) 556-1145 or in person or by mail at One Winter Street, 6th Floor, Dston, Massachusetts 02108. you have any further questions, please contact Scott Smith at the letterhead address or at(413)755-2149. II future correspondence communications regarding the disposal site should reference the Release -acking Numbers listed in the subject block of this letter. Sincere) Alan Weinberg Deputy Regional Director Bureau of Waste Site Cleanup nclosures: -Release Notification Form; BWSC-003 and Instructions -Summary of Liability under M.G.L. c.21E ertified Mail#7001 0320 0003 0115 7808; Return Receipt Requested Northampton Board of Health Board of Selectmen Wayne Feiden,Northampton Director of Planning and Develoment 'IFT COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE September 19, 2002 Iampton Housing Associates Limited Partnership 0 Hampton Avenue iorthampton, Massachusetts 01060 dm: Colin Loggins )ear Mr.Loggins: Re: Northampton 20 Hampton Avenue Hampton Court Apartments Petroleum Release RTN 1-14435 Request for Deadline Extension BOB DURAND Secretary LAUREN A.LISS Commissioner he Department has received your request, dated September 18, 2002,requesting an extension to the eadlines set forth in a Notice of Responsibility, dated June 20, 2002. The request for extension was repared on your behalf by Environmental Compliance Services(ECS). The NOR required that a Limited Subsurface Investigation", intended to assess the nature and extent of fuel oil contamination at our property,be undertaken.with a report of activities submitted to the Department on or before eptember 18,2002. The Department hereby grants an extension of the submittal deadlines set forth in le Notice of Responsibility. ECS believes the limited subsurface investigation as specified in the NOR, 111 be completed by October 18,2002. Therefore, Hampton Housing Associates Limited Partnership tall submit the"Limited Subsurface Investigation to the Department on or before October 31,2002. his deadline is set as an interim deadline pursuant to the Massachusetts Contingency Plan,310 CMR 0.0167. lease contact the undersigned if you have any questions regarding this matter. S rely avid A. Slowick Section Chief Emergency Response This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 436 Dwight Street•Springfield,Massachusetts 01103•FAX(413)784-1149•TDD(413)7466620•Telephone(413)784-1100 0 Printed on Recycled Paper Hampton Avenue, Northampton W 1-14435 guest for Extension ge 2 of 2 4S/ds/kml 4435norext Northampton: Board of Health Mayor's Office Office of Planning and Development-Wayne Feiden Mike Brozek-ECS Scott Smith SA File# 1-0256 07/16/ 4 C0(MMERCIAL/INDUSTRIAL PROPERTY RECORD CARD PAGE 1 NORTHAMPTON, MASSACHUSETTS EFFECTIVE DATE OF VALUE: JANUARY 1, 1998 PARCEL ID: 32C-057-001 125 PLEASANT ST PLOT: Living Units: 70 Class: C 031 Card # 1 of 1 CURRENT OWNER/ADDRESS ZONING: CB Neighborhood 301.00 FINAL VALUE FLAG: INCOME HAMPTON HOUSING ASSOCIATES LAND DATA LIMITED PARTNERSHIP -ASSESSMENT INFORMATION- 20 HAMPTON AVE TYPE SIZE INFLUENCE FACTORS LAND VALUE PRIME SITE 44867 598,670 PRIOR COST INCOME CURRENT NORTHAMPTON M4 01060 gqpppppqppppppppyppqyppqgppppppqgpqpgppp 598 670 lein TOTAL 4;94,200#ff#pgp#pq# 5,547,300 5,5477,300 SALES INFORMATION DEED BOOK: 3230 TOTAL ACREAGE: 1.030 TOTAL LAND VALUE: 598,670 DEED PAGE: 051 DATE TYPE PRICE VALIDITY DEED DATE: LAST UPDATE: % 2D+07/ 19880801 LAND + BLD 1,200,000 0 ATTACHED IMPROVEMENTS COST APPROACH DETAIL: TYPE M1 M2 M3 #UNITS LEVELS USE E WALL HEATING A/C AREA SE RATE RCN % GD RCNLD 01 TO 01 82 BRICK STONE HOT AIR CENTRAL 16699 75.98 1,268,750 02 TO 04 11 BRICK STONE HOT AIR CENTRAL 21070 202.28 4,262,130 05 TO 05 11 BRICK STONE HOT AIR CENTRAL 18573 67.12 1,246,660 TO NONE NONE TO NONE NONE TO NONE TO NONE TO TO NONE NONE BUILDING # 1 YEAR BUILT 1989 TOTAL UNADJ RCN 3,765,300 # UNITS 70 TOTAL UNADJ.RCNLD 6,343 770 QUALITY GRADE C+ GRADE FACTOR Loa # ID NT UNITS 1 q EFFICIENCIES FUNC ECON FACTOR 0.85 k 1-BEDROOMS 7 RCNL 5,392,200 A# 2-BEDROOMS 56 3-BEDROOMS 7 OUTBUILDING/YARD ITEM DETAIL: DESCRIPTION WIDTH LENGTH QUAN. YEAR PHYS. FUNC. % GD VALUE OR SIZE BUILT COND. UTIL. NONE NONE NONE NONE NONE NONE NONE NONE NONE NONE OTHER IMPROV NONE NONE TOTAL OBY/YARD VALUE: INCOME APPROACH SUMMARY: TOTAL RENTABLE SQUARE FEET: Alan Berkenwald, MD Board Certified in Internal Medicine June 29, 2004 To Whom It May Concern: 69 State Street Northampton,MA 01060 Tel: 413 586-6664 Fax: 413 586-2992 Victor Recchia is a patient under my care who suffers from advanced chronic pulmonary obstructive disease. He is intolerant of any stressors which could affect his respiratory status. This includes dust, mold, and other environmental allergens. Mr. Recchia informs nie that he has old carpeting and rugs in his apartment which is affecting his breathing. For health reasons they should be replaced. Sincerely, Alan Berkenwald, MD Alan Berkenwald, MD Board Certified in Internal Medicine August 24,2004, To Whom It May Concern: 69 State Street Northampton,MA 01060 Tel: 413 586-6664 Fax: 413 586-2992 Mr Victor Recchia is a patient I follow for his chronic pulmonary disease. He states that he cannot tolerate his carpeting due to its effect upon his breathing and it would benefit his breathing if-he had a hard surface floor such as linoleum in his home. i Sincerely, a Alan Berkenwald, MD E fi '01 AUG 3 0 eon= LJ M" ". IAMPTON BOARD OF HEALTH \RD OF HEALTH OFFICE OF THE MEMBERS 1RIE KARPARIS,R.N.,MPH ICRIMGEOUR,MHEd,CHES AY FLEITMAN,M.D. STAFF Mathieu,R.S.,M.S.,C.H.O. ector of Public Health zywor,R.S.,Sanitary Inspector tutt,R N Public Health Nurse adeline Neon,Clerk ),2004 Housing Associates 'artnership (Attn: Scott) :on Avenue non, MA 01060 BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 Ision to correct violations at 20 Hampton Avenue—Apt. # 317 212 MAIN STREET NORTHAMPTON,MA 01030 (413)587-1214 FAX(413)587-1221 advised that the Board of Health hereby grants you an extension to correct the remaining violations at property which still exist from the letter dated July 12,2004, sent to you by this office. ereby granted an extension to October 15,2004 to complete the repairs and install the new floor 1 this office at 587-1213 to inform me who the contractor will be for the project and when the repairs eted. Do not hesitate to contact this office if you have any questions concerning this matter. Thank >ur continued cooperation. vlathieu, R.S., M.S., C.H.O. :f Public Health RD OF HEALTH OFFICE OF THE MEMBERS 21E KARPARIS,R.N.,MPH :RIMGEOUR,MHEd,CHES Y FLEITMAN M.D STAFF .Mathieu,R.S.,M.S.,C.H.O. actor of Public Health ywor,R.S.,Sanitary Inspector sit,R.N.,Public Health Nurse Feline Neon,Clerk October 8, 2004 BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 NOTICE OF COMPLIANCE Hampton Housing Associates Limited Partnership (Attn: Scott) 20 Hampton Avenue Northampton, MA 01060 RE:20 Hampton Avenue—Apt. #317 - Code Violations Corrected 212 MAIN STREET NORTHAMPTON,MA 0108 REASON FOR INSPECTION: Complaint filed by Tenant—Victor Recchia (413)587-1214 FAX(443)587-1221 This notice is to inform you that a re-inspection of this property referenced above, owned by you,was conducted on October 8,2004, concerning orders for correction of the violation issued against you in an enforcement letter dated July 12,2004. Please note all the violations were found to have been corrected on this date and you have complied with the orders issued in the July 12,2004 re-inspection report.No other violations were observed on this date. 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 D OF HEALTH IEMBERS KARPARIS,R.N.,MPH 11 SCRIMGEAUR LEITMAN,M.D. STAFF hieu,R.S.,M.S.,C.H.O. r of Public Health r,R.S.,Sanitary Inspector I.N.,Public Health Nurse Madeline aeon,Clerk July 12, 2004 OFFICE OF THE BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 Hampton Housing Associates Limited Partnership 20 Hampton Avenue Northampton, MA 01060 212 MAIN STREET NORTHAMPTON,MA 01060 TEL.(413)587-1214 FAX(413)587-1221 r — SBS--OO20 9 t sc eo z RE: 20 Hampton Avenue—Apt. #317 REASON FOR INSPECTION: Complaint fled by Tenant This is an important legal document. It may affect your rights. You may obtain a translation of this form at: Isto e urn documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradgao deste documento de: Le suivante est un important document legal. 11 pourrait affectar vos droits. Vous pouvez obtenir une traduction de cette forme a: Questo e un documento legate importante. Potrebbe avere effectto sui suoi diritti. Lei pue 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: PAGE 2 On July 8,2004, a representative from the Northampton Board of Health conducted an Inspection at the premises located at 20 Hampton Avenue—Apt.#317, Northampton, MA (assessor's map 32C, parcel 057-001],owned or operated by you, for compliance with Chapter II of the State Sanitary Code. This letter will certify that the inspections revealed violations listed below, which are serious enough as to endanger or materially impair the health, safety, and well-being of the occupants. ARTICLE II410.000 VIOLATIONS LIVING ROOM: .500 Doorknob to west side bedroom is defective and loose. ORDER: Repair or replace doorknob and lock. .482 No smoke detector. ORDER: Provide smoke detector. .500 Hole in wall near entrance door and near the kitchen island. ORDER: Repair holes in wall. .500/.501/.551 Screen to slide door window is off the track.. ORDER: Re-install screen on track. (by 07/23/04). .500 Rug is buckled up and loose in many areas. THIS IS A TRIP HAZZARD. ORDER: Replace or re-secure rug to the floor to prevent any TRIP HAZZARD. .500 Lock is defective. Is difficult to lock door safely. ORDER: Replace lock and provide key to all tenants. PAGE 3 BATHROOM (WEST SIDE): .500 Doorknob is defective and loose. ORDER: Repair or replace doorknob and lock. .351 Toilet has leak at base. Suspect leakage from wax ring. ORDER: Repair leak. .500 Vanity door has loose hinge. ORDER: Secure door to hinge. .500 Vanity formica is unglued and loose. ORDER: Secure formica. .500 Wood on door near latch and on bottom is loose. ORDER: Secure loose wood. .500 Cracks in walls near tub. ORDER: Repair cracks in wall.. .500 Mold growth on walls and ceiling of tub enclosure. ORDER: Remove mold growth. KITCHEN: .500 Formica on kitchen countertop is cracked and loose and unglued in several areas. ORDER: Secure countertop and seal crack. .500 Cracked/tom floor covering(Trip Hazard). ORDER: Replace floor covering. .500 Entrance door to east side bedroom has broken hinge. ORDER: Secure boor to hinge. .500 Dishwasher door does not close and latch properly. .500 Formica on kitchen countertop is cracked and loose and unglued in several areas. ORDER: Secure countertop and seal crack. .500 Stove rings are not attached or do not set properly on stove top. They are very loose and not even. ORDER: Replace stove rings or replace stove. PAGE 4 BATHROOM (EAST SIDE): .351 Toilet seat is wom and has broken hinges. ORDER: Replace toilet seat. .500 Rust on metal door frame ORDER: Scrap and repaint. .500 Mold growth on walls and ceiling of tub enclosure. ORDER: Remove mold growth. .750 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. Under authority of Chapter III, Section 127 of the Massachusetts General Laws, and Chapter II of the State Sanitary Code, you are hereby ordered to make a good faith effort to correct the following violations BY August 16, 2004 OR UNLESS OTHERWISE INDICATED NEXT TO THE CORRECTION ORDER. 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. As required in 410.812(B), I am enclosing a copy of these rights and remedies on page 6 in the document entitled, "THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL 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, Emest J.Mathieu, R.S., M.S., C.H.O. Director of Public Health cc: Victor& Margaret Recchia 20 Hampton Avenue Northampton, MA 01060 fRi �f$IJ PAGE 5 (ATTACHMENT) THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE TENANTS LEGAL REMEDIES. 1. Rent Withholding (General Laws Chapter 239 Section 8A) If Code Violations Are Not Being Corrected you may be entitled to hold back your rent payments. You can do this 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 ajudge 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 127L) 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 rent 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 alter 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-H). 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 THE LAW. BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE ANY OTHER LEGAL ACTION IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD TO CONSULT AN ATTORNEY. YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS: WESTERN MASSACHUSETTS LEGAL SERVICES 594-4034 NAME TELEPHONE NUMBER 20 HAMPTON AVENUE,SUITE 100,NORTHAMPTON,MA 01060 ADRESS