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130 Horse Manure Complaint r BOARD,OF HEALTH CITY HALL COMPLAINT RECORD Name o Address omplainant: NATURE OF COMPLAINT: / seat BIZIMISI ice., Owner: Address: /3-b Gam. A. EMMA Action Taken: Date of Inspection: - INSPECTOR'S RE ORT: �- ditizaz 4 • k air Fin Inspector Signature llLJ-2GI/ da BOARD OF HEALTH OFFICE OF THE MEMBERS ROSEMARIE KARPARIS,R.N.,MPH,CHAIR XANTHI SCRIMGEAUR 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 September 24, 2007 Lisa L. Fusco 130 Cross Path Road Northampton, MA 01060 BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 RE: Complaint— 130 Cross Path Road—Hoarse Manure Dear Ms. Fusco; 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 Please call me at 413-587-1213 or on my cell phone at 413-563-6680 as soon as possible, regarding a complaint that I received about the condition of the property located at 130 Cross Path Road,which is owned, managed, or operated by you. After making an observation of your property I decided to send you this letter instead of sending you a formal citation letter which would be a"Notice of Violation with Correction Orders". I would like to speak to you about the complaint and to determine if the violation(s) that I observed at your property could be corrected without this office having to take formal action. Please call me by September 27, 2007 and to acknowledge receipt of this letter. If I do not hear from you by this date I will have no other choice to send you a formal letter from this office listing and describing the violation(s) observed in writing, with correction orders, and a deadline date. When calling the office or cell phone, if you receive my voicemail, please leave me your telephone number and a best time to call you. I will call you back as soon as possible. Also,please email me your email address so that I can communicate with you in regards to your property. You can email it to me. My email address is emathieu @northamptonma.gov Please, it is imperative that you call me as soon as you can. I am awaiting your call. Sincerer Ernest J. Mathieu, RS, MS, CHO Director of Public Health EMAIL: emathieu @northamptonma.gov c+d "N1 0'd jr 0'a rev . ./5'fl t?Y L r.Nh7 J ✓into? 0 _ _---- I I i --- s V -- I ;Jib•,. 1 I I J -�I aver I beJ ._n21, I I I e I I I l Tp�>,A,� C0 z (� -,t i r -4( -A x )( -. )4 I 5 h ° - ",-3 '- / I I I Section 5.3 -Accessory Uses. Any use which is accessory to a principal use allowed by right shs be allowed only in connection with such allowed principal use. Any use which is accessory to principal use allowed by special permit,and which is not specifically included in the original speci permit, shall be allowed only after issuance of a new special permit. Cessation of a principal in shall require cessation of any accessory use which is not otherwise allowed as a principal use. TI Building Commissioner shall be responsible for determining what uses are principal, and what ust are accessory. The following shall be limitations on certain specific accessory uses: 1. The keeping of farm animals,to include all farm animals and exotics, and a related priva. stable,for personal use, is permitted as an accessory use in accordance with the followin conditions: A. The minimum acreage required for keeping any farm or exotic animal except described below, shall be 30,000 square feet for the first animal and 15,000 square fe: for each additional such animal. Animals under six (6) months not to be counted fc acreage requirements. B. The minimum acreage required for keeping sheep, goats, llama, rabbits, or poultr: except as allowed under household pets, shall be 3Q000 square feet for up to thre animals and 10,000 square feet for each additional such animal. Animals under six (f months not to be counted for acreage requirements. (The requirements for these animal are less stringent then other facuc animals because these animals have less environmenu impacts.) C. The location of any stable shall be not less that one hundred(100)feet from any street lc line, and not less than thirty (30) feet from any other lot line. D. There must be adequate fencing to contain all farm animals at least twenty(20) feet fror all property boundaries at all times,except when animals are being directly supervised b and under control of a person. E Stables, corrals and yards shall be properly drained and reasonably free from excessiv odor,dust, and mud, so as not to create a nuisance or health hazard to the community c to surrounding property owners, from an air or drainage pollution standpoia Maintenance of the stable and property used in the keeping of animals shall conform t all health and wetland regulations. F. Horses,ponies, llamas and sheep may be kept for personal use without being accessor to any other use, otherwise in accordance with this section and section 5.2. 2. The keeping of the household pets, for personal use,is permitted as an accessory use for animals commonly considered household pets including dogs,cats,fish, and birds(parrots parakeets, doves,pigeons, etc.), six or fewer rabbits, and three or fewer ducks or hens. February 7, 2000 5-12 4) 2aAbiig &C 3 —SD —S S From: Charles [chas130 @yahoo.com] Sent: Friday, September 21, 2007 3:10 PM To: Ernie Mathieu Subject: horse manure Attachments: 3183739944-MVC-001 S.JPG;781771 703-MVC-006S.J PG; 1397681326-MVC-007S.JPG; 3644479309-MVC-008S.JPG Board of Health Dear Ernie; I have spoken with the owner of this property pertaining to the manure piles, flies, odors and potential for disease. The paddock area and stalls are located to close to our home. We cannot open windows or sit outside do to the flies and odor.The owner assured me a week ago the matter would be taken care of. It is getting worst and has not been cleaned up. I would like your help on this matter due to the health and disease issues. I am sending the pictures you requested showing the manure piles and general area. Please let me know that you received them. Thank You Charles r rJ ■ 09/21/0/ 3:26:08 PM RESIDENTIAL PROPERTY RECORD CARD CITY OF NORTHAMPTON, MASSACHUSETTS EFFECTIVE DATE OF VALUE: JANUARY 1, 1998 PARCEL ID: 32 -058-001 +11■4,'CROSS PATH RD PLOT: LIVING UNI1S: 1 CLASS: R - 101 CARD #: 1 OF 1 CURRENT OWNER/ADDRESS /a:j NEIGHBORHOOD ID: 20.00 FINAL VALUF FLAG: MARKET wale C/0 LISA L FUSCO LAND DATA - ASSESSMENT INFORMATION - 1 0 CROSS PATH RD TYPE SIZE INFLUENCE FACTORS LAND VALUE PRIME SITE 24500 64,370 PRIOR COST CURRENT NORTHAMPTON MA 01060 LAND 49,200 64,400 64 400 BLDG 113,100 101,200 107,500 TOTAL 162,300 165,600 171,900 DEED BOOK: 2242 DEED PAGE: 211 SALES INFORMATION DEED DATE: TOTAL ACREAGE: 0.562 TOTAL LAND VALUE: 64,400 LAST UPDATE/COST: 20060824 DATE TYPE PRICE VALIDITY LAST UPDATE/COST: 20060824 20060627 LAND t BLD 165,000 0 ADDITION DATA X DATE: Lower Level First Floor Second Floor Third Floor Area DATA COLLECTION INFORMATION 1sFr 250 ENTRANCE CODE: UNIMPROVED EFP 42 INFORMATION SOURCE: OFP 48 DATA COLLECTOR: MC Wddk 278 DATE: 19991102 Wddk 80 dk DWELLING INFORMATION lsFr 1/2sfr 310 STYLE: OTHER YEAR BUILT: 1975 STORY HEIGHT: 1.00 ATTIC: NONE Basement: NONE TOTAL ROOMS: 5 TOTAL BEDROOMS: 4 FULL BATHS: 1 ADDITIONAL DWELLING INFORMATION 12 Half Baths: BASEMENT GARAGE(#CARS) ADDITIONAL FIXTURES: 8 9 EXTERIOR WALLS: FRAME BRICK TRIM: X 1219 UNFINISHED AREA: STONE TRIM: X 25 GROUND FLOOR AREA: 1008 TOTAL LIVING AREA: 1900 REMODELING DATA 5 " FINISHED BASEMENT LIVING AREA: X BASEMENT MASONARY FIREPLACENSTACKS/OPENINGS:X / YEAR REMODELED: J5 2�8 METAL FIREPLACES: KITCHEN REMOD(Y/N) 10 10 HEAT/CENTRAL A/C: BASIC BATH REMODEL (Y/N) •i- HEATING SYSTEM: WARM AIR QUALITY TYPE: OIL 5 CONS%DESIRABILITY/UTILITY C- R INTERIOR/EXTERIORN AVERAGE is OUTBUILDINGS & YARD ITEMS PERMIT DATA ei TYPE QTY YR SIZE1 SIZE2 GRD COND DATE PURPOSE PURPOSE00 GAR ICEOOR '6 e Kars 5 '2020 4 14 NOTES: '- 66 i 22 o 09/21/07 3:25:35 PM RESIDENTIAL PROPERTY RECORD CARD CITY OF NORTHAMPTON, MASSACHUSETTS EFFECTIVE DATE OF VALUE: JANUARY 1, 1998 PARCEL ID: 32 016-001 48790j CROSS PATH RD PLOT: LIVING UNITS: 1 CLASS: R - 101 CARD #: 1 OF 1 CURRENT OWNER/ADDRESS />L NEIGHBORHOOD ID: 20.D0 FINAL VALUE FLAG: MARKET MAZESKI CHARLES J JR LAND DATA - ASSESSMENT INFORMATION - I3CROSS PATH RD TYPE SIZE INKLUENCE FACTORS LAND VALUE NORTHAMPTON MA 01060 PRIOR COST CURRENT LAND 9,D00 97,500 97 50C HOME SITE 1.000 -25 53,280 BLDG 45,800 111,500 106,500 UNDEVELOPED 2.903 -25 ####�(## ###TOTAL 54,800 209,000 204,400 DEED BOOK: 1595 DEED PAGE: 471 SALES INFORMATION DEED DATE: TOTAL ACREAGE: 3.903 TOTAL LAND VALUE: 97,500 LAST UPDATE/COST: 20061204 DATE TYPE PRICE VALIDITY LAST UPDATE/COST: 20061204 ADDITION DATA X DATE: Lower Level First Floor Second Floor Third Floor Area DATA COLLECTION INFORMATION ENTRANCE CODE: ENTRY + SIGN INFORMATION SOURCE: DATA COLLECTOR: DATE: DWELLING INFORMATION STYLE: GARRISON YEAR BUILT: 2000 STORY HEIGHT: 1.00 ATTIC: NONE Basement: NONE TOTAL ROOMS: 4 TOTAL BEDROOMS: 3 FULL BATHS: 2 ADDITIONAL DWELLING INFORMATION Half Baths: BASEMENT GARAGE(#CARS) 2 ADDITIONAL FIXTURES: EXTERIOR WALLS: FRAME BRICK TRIM: X UNFINISHED AREA: STONE TRIM: X GROUND FLOOR AREA: 1000 TOTAL LIVING AREA: REMODELING DATA FINISHED BASEMENT LIVING AREA: X BASEMENT RECREATION AREA: X YEAR REMODELED: MASONARY FIREPLACE STACKS/OPENINGS: / METAL FIREPLACES: KITCHEN REMOD(Y/N) HEAT/CENTRAL A/C: BASIC BATH REMODEL FY/N) HEATING SYSTEM: ELECTRIC QUALITY TYPE: ELECTRIC BOND/DESIRABILITY/UTILITY AV INTERIOR/EXTEERIORN AVERAGE OUTBUILDINGS & YARD ITEMS PERMIT DATA TYPE QTY YR SIZE1 SIZE2 GRD COND DATE PURPOSE PRICE 20001227 16,000 LIV SPACE 2ND F OF BARN NOTES: Ernie Mathieu From: Ernie Mathieu Sent: Monday, September 24, 2007 9:23 AM To; 'Charles' Subject: RE: horsemanure Attachments: 30 Cross Path Rd (PLEASE CALL ME) (Manure)092407.doc 30 Cross Path Rd (PLEASE CALL... Hi Charlie, This is what I sent her (see attached) . This usually works without having to send a letter. I let you know when she calls me. I will also threaten her with the MSPCA. Let see how she responds to my request when and if she calls. If she does not call then I will send an enforcement letter and call the MSPCA. Ernie Original Message From: Charles [mailto:chas130 @yahoo.com] Sent: Monday, September 24, 2007 7:49 AM To: Ernie Mathieu Subject: horsemanure Board of Health Dear Ernie; i want to thank you for responding to our problem on Cross Path Road as quickly as you did. You had asked me to let Mr Patillo know that you were here. He did not show up so I was unable to. Mabe you could phone him and let him know. would like to take you up on the offer you suggested, having the spca look into this matter as it is becoming more urgent. We have not had rain for a long period of time, when it dues finally arrive this condition will only worsen. If you could have these horses moved to the other side of the lot as we discussed it would be a big help. Thank You Charles J. Mazeski r Ernie Mathieu From: Charles [chas130 @yahoo.com] Sent: Monday, September 24, 2007 10:00 AM To: Ernie Mathieu Subject: movehorses Board of Health Dear Ernie; That is a very nice letter, I hope this will get her attention to the matter. Could you ask Tony Patillo the zoning enforcement officer to have the horse paddock area relocated further from our house per zoning law. It would only require moving two of the ropes. I really think that would help. Thank You Charles J. Mazeski Ernie Mathieu From: Charles [chas130©yahoo.com] Sent: Monday, September 24, 2007 2:29 PM To: Ernie Mathieu Subject: pictures Hi Ernie; I stooped in your office to give you some pictures that were just developed. On leaving I saw Tony Patillo and informed him that you had been to the site last Friday and how you were helping us. He said he would visit the site and speak with you. I also explained how the problem is going to grow if we get rain before this mess gets cleaned up. I also explained the need for moving the paddock area to the other side of the barn. I learned from Lisa Fusco's wife "Mrs.Fusco" who is house sitting that Lisa is out of town. we are hoping it doesn't rain. Hope all is well. Charles C. Mazeski Ernie Mathieu From: Charles [chas130©yahoo.com] Sent: Tuesday, September 25, 2007 2:14 PM To: Ernie Mathieu Subject: sitevisit Pi Ernie; I just wanted to let you know Tony Patillo was here today also taking pictures. He said he also wrote the owner Lisa Fusco a letter. He wants her to come in to his office. He has tried to call her at the airport and home to no avail, meanwhile the manure is getting deeper and smellier. Hope your doing ok. I want you to know we do appreciate you. Thanks Charles BOARD OF HEALTH OFFICE OF THE MEMBERS ROSEMARIE NARPARIS,R.N.,MPH,CHAIR XANTHI SCRIMOEAUR JAY MERMAN,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 September 28, 2007 Lisa L. Fusco 130 Cross Path Road Northampton, MA 01060 BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 RE: Complaint— 130 Cross Path Road—Horse Manure Violation/Complaint Dear Ms. Fusco; 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)581-1221 On September 28.2007,this office inspected your property,regarding a complaint of illegal dumping which has occurred on the property at 130 Cross-`Path Road,which is owned, managed, or operated by you. THE INSPECTION HAS REVEALED THAT YOU ARE IN VIOLATION OF THE MASSACHUSETTS GENERAL LAWS, MGL, CHAPTER 111, SECTION 122-127, ABATEMENT OF NUISANCES: DESCRIPTION OF VIOLATION(S): A re-inspection on this date has revealed that no corrective action has been taken to clean up the property as we discussed on Wednesday, September 19, 2007. On September 19, 2007, you agreed to clean and remove all the accumulated horse manure on the horse walking path between the horse stable and the neighbors abutting property line. As of the re-inspection conducted today, it was verified that no efforts were made to clean and correct the existing conditions. The property conditions are the same as in the correspondences sent to you and the photos taken on Friday, September 21, 2007. However, the rain conditions have made the situation worse creating odors and muddier conditions for the horses. YOU ARE HEREBY ORDERED TO TAKE THE FOLLOWING COURSE OF ACTION TO CORRECT TICE VIOLATION(S): (1) Clean and remove all accumulated horse manure in the horse walking path between your barn and the neighbor's property line by Sunday, September 30, 2007 by 5pm at which time a re-inspection will be made. This area is to be stabilized with a mixture of wood chips and hay bails to absorb moisture and made it a usable walking path for the horses without being a public health nuisance. (2) Please contact me at 413-563-6680 on or before the clean up is completed. Tr PAGE 2 If you fail to take any action on the above items 1 and 2 and/or fail to remain in compliance in the any future requirements applicable to you, you may be subject to the Board of Health taking legal action against you in order to gain compliance by filing an emergency order in the District Housing Court to have your property cleaned. Your anticipated cooperation in this matter will be greatly appreciated. If you have any questions, please do not hesitate to contact me 413-587-1214 or 413-587-1213. Ernest J. Mathieu,RS, MS, CHO Director of Public Health EMAIL: emathieu@northamotonma.gov Page 1 of 1 Subj: Re: Test Date: 9/29/2007 4:33:09 PM Eastern Daylight Time Front Budro5030 To: Ilfusco(Tcomcast.net File: 30CrossPathRd(Violation Manure)092907.doc(54784 bytes) DL Time (TCP/IP): < 1 minute Saturday, September 29,2007 CompuServe:Budro5030 BOARD OF HEALTH MEMBERS ROSEMARIE KARPARIS,R.N.,MPH XANTHI SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.O. 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 OFFICE OF THE BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01060 (413)581-1214 FAX(413)587-1224 I NOTICE OF VIOLATION AND CORRECTION ORDERS I October 14, 2007 Lisa Fusco 130 Cross Path Road Northampton, MA 01060 RE: UNSANITARY CODITIONS FOR THE KEEPING OF HORSES—PUBLIC HEALTH NUISANCE Dear Lisa: On October 14, 2007, at approximately 11:15 a.m., a representative of this office inspected the rear area of your property at 130 Cross Path Road where your two horses are kept. This inspection was a follow up to recent complaints regarding the lack of regular maintenance and cleaning of this area as needed. LISTED BELOW ARE OF THE MASSACHUSETTS GENERAL LAWS, SECTION 150A OF CHAPTER 111 (ESTABLISHMENT AND OPERATION OF REFUSE DISPOSAL FACILITIES) AND/OR MGL, CHAPTER 111, SECTIONS 122-127, ABATEMENT OF NUISANCES: DESCRIPTION OF VIOLATION(S): The area was extremely muddy and had water pooling in the area of the path of the Horses. You agreed on October 2,2007 to raise the grade of this are by building it up with soil,which you have failed to do. The area was also observed to have an excessive amount of horse droppings(feces) accumulated in the outside paddack area. There does not appear to be routine removal and cleaning of this waste as there should be on your part. The hoofs of the horses had mud and manure on them from walking through the water, mud and the unkempt walking area. I observed flies swarming and landing on their hoofs and observed one horse licking its hoof. P}GE2 Shown below are photos taken during the inspection: YOU ARE HEREBY ORDERED TO TAKE THE FOLLOWING COURSE OF ACTION TO ABATE THIS PUBLIC HEALTH NUISANCE: (1). Clean the entire area immediately and continue to maintain clean at all times. Submit a written plan of proposal describing in detail as to how you will permanently correct this ongoing condition, such as any changes in horse paths, restructuring and re-locating fencing, relocating the water tubs,re-grading of the area and a ridged schedule of routine cleaning. All items in your proposal must have timeframes that you will have them accomplished by. The proposal must be received by this office no latter than Friday. October 19, 2007. PAGE 3 Failure to comply with the requirements in the above paragraph may force this office to request assistance from the appropriate State Inspectors of State Departments. I am compelled to impress that I was very distressed over the conditions observed on this inspection. I am again asking for your sincere efforts and cooperation in correcting and resolving this ongoing matter which has already consumed much of my valuable time. If you have any questions,please do not hesitate to contact me 413-587-1214 or 413-587-1213. Sincerely Ernest J. Mathieu, .S., M.S., C.H.O. Director of Public Health EMAIL: emathieu @northamptonma.gov cc/ Tony Patillo, Building Commissioner Ernest Mathieu Director of Public Health 219 Main Rtreet Northampton, MA 01060 October 19,2007 Lisa L. Fusco 130 Cross Path Road Northampton.MA 01060 Dear Ernie, The following is a plan to alleviate the issues regarding the paddock area for my horses as requested by your office. It is broken down into 2 phases: 1.)Immediate measures regarding drainage and removal of feces. On Wednesday, October 17th, 2007,from 1 PM to 5 PM,mud, water and feces were removed from the paddock area. Soil from the back section of my property was then brought to the low section in the paddock area for re-grading. On Thursday, October 18th, 2007, I looked at the area again and brought in more soil from the rear of the property where it appeared to be needed. This was done from 10:30 AM to 11:30 AM. With this newly graded area, the pooling of water during rainy days should be eliminated. However,the area will be examined the next time it rains to see if more re-grading is necessary. Feces will continue to be removed on a daily basis by hand. With the newly re- graded area there will be no delays due to water accumulation. It is certainly possible to move the water source for the horses,but it is unclear what purpose that would serve. The horses now come out of the stall,turn left and defecate away from the water area, not near it. Please advise on this. These are the short term immediate actions that will be followed until construction of a new barn takes place. 2.)Plans to demolish existing barn/garage structure and above ground pool and replace with a new barn that is within zoning guidelines for a paddock area for hnraea. Changing the run-in stall area to the opposite side of where it is currently,would require removal and replacement of the roof and southeast exterior wall area,removal of the asphalt flooring and re-grading, and replacement of an interior wall. The estimated cost would be about $8,000.00. To improve a structure that is over 100 years old and only somewhat functional for my use seems impractical and not cost effective. Additionally, there is no practical way to re-route the path of the horses around the pool. The pool is also old and currently not safe to swim in due to one side heaving out. f While I have given thought to replacing the barn/garage in the past, it now seems like this would be the best time to make these improvements. Plans are currently being drawn up by Barn Pros Inc. out of Washington State. Tony Patillo is aware of this and is awaiting the completed application. Upon approval by Tony, the new structure will be 48' by 48'. Stalls for the horses will be located on the northeast side of the structure opposite the current southwest side. This will comply with zoning guidelines for a horse paddock. The stall area will be heated and have an on demand water supply system inside. This will alleviate the need for the tubs outside. There will be ample room for hay, grain, and tack storage. With the pool removed, the horse fencing will be able to be relocated to comply with zoning guidelines and allow for safe entry into the stall area. Should any other changes be deemed necessary, please advise. I am fully willing to cooperate with your department to resolve this matter. Please call me after you review this document. My cell is 413 218 7823. Thank you. II Al Cc: Tony Patillo Ernie Mathieu From: Charles [chas130 @yahoo.com] Sent: Monday, October 29, 2007 2:31 PM To: Ernie Mathieu Subject: floridaaddress hi Ernie; Please update me on whats been happening there. My Florida address is posted below, you may email me anytime. I hope you are doing well and that your work load has let up a bit. Charles Charles J. Mazeski 541 Cheyenne Drive Oak Hill FL 32759 Page 1 of2 Ernie Mathieu From: Ernie Mathieu Sent: Monday, November 05, 2007 3:45 PM To: 'Ilfusco @comcast.nef Cc: Anthony Patillo Subject: RE: Wood Chips Dear Lisa, The application of the wood chips has made a big improvement on the muddy and water pooling condition that was there last week. The cleanliness (feces removal)of the area also appears to be improved. Please email me a weekly update on your efforts and with at least one photo as you agreed in our conversation today. I trust that your efforts wilt continue.Thank you for the update today. Also, my direct line with voicemail is 587-1213 for future calls and phone messages. Sincerely, Ernie Mathieu From: Ilfusco @comcast.net [mailto:llfusco @ comcast.net] Sent: Saturday, November 03, 2007 4:00 PM To: Ernie Mathieu Subject: Wood Chips Hi Ernie, As per our conversation, I picked up 2 yards of wood chips, (also called "playground chips"), at Lashway Logging at 3:45 yesterday, 11/2/07, Invoice#115125, 541.06. After placing the chips in the wet area appeared to help some, however, it seems that the area may need more. I contacted a local contractor yesterday, who said that he could get me a larger amount, possibly at no cost. I will keep you informed of when the next load of chips will be arriving either by email or phone. I spoke with Tony Patillo on Tuesday, 10/29/07, and discussed the new barn building that Pd like to put up to replace the existing structure. He asked me to drop off a basic plan, which I did yesterday.He was not in and probably will review it on Monday. I am in the process of applying for financing for same. I have spoken with my contractor and he states that once everything is approved, he is available to start construction by early to mid December. I appreciate your continued assistance in this matter. Lisa 11/5/2007 c4132187823 11/5/2007 Page 2 of 2 Ernie Mathieu From: Charles [chas130 @yahoo.com] Sent: Thursday, November 08, 2007 9:46 AM To: Ernie Mathieu Subject: thankyou Hi Ernie; i wanted to take a moment to thank you for keeping us informed, I know you are very busy, we do appreciate you. It appears you are getting her going In the right direction. Thanks Charles Page 1 of 1 Ernie Mathieu From: Ilfusco@comcast.net Sent: Tuesday, October 16, 2007 7:34 PM To: Ernie Mathieu Subject: Re: 130 Cross Path Rd (Follow up) 101507 Attachments: 130 Cross Path Rd (Follow up) 101507 Hello Ernie, I am in receipt of your email as well as the order. You should have received my email earlier that I had cc'd to you. If you have not, I will forward it to you again. I am applying for a building permit to demolish the existing barn and pool and replace the structure with a new barn that will have the horses entrances in compliance with the code with proper drainage. Currently, when it rains, I cannot get my tractor, even in 4 wheel drive in there to remove what is there. As you know, we had quite a bit of rain last week. i was also waiting for the farmer that farms my land to harrow up the field to make it easier to bring in the soil. I am in no way making excuses. i am simply telling you what my plan was. I will remove the mud tomorrow and fill it in with soil from the back of my property. I am waiting for plans to be faxed to me from the barn company and should have them by the end of the week. They will be submiited with my building permit application.The existing structure in the other side is not suitable for horses as the ceiling is too low and the grade is improper. Tony is aware of this. The expected cost not including demolition is over$100,000. I take this very seriously. You are free to talk to my veterinarian and my ferrier with regard to the condition of my horses hooves. There has never been an issue. The probem occurs when horses are stationary in a stall with moisture. I would like to be contacted on my cell prior to any further inspections. Thank you, Lisa Fusco Original message From: "Ernie Mathieu" <emathieu @northamptonma.gov> Dear Ms. Fusco, Attached Is a letter as a result of a follow up re-inspection on 10/15/07. Sincerely, Ernest J. Mathieu 11/7/2007 Page 1 of 1 Ernie Mathieu From: I Ifusco @comca st.n et Sent: Tuesday, October 16, 2007 9:12 AM To: Charles;Anthony Patillo; Ernie Mathieu Subject: Re: horses Charlie, As you know it has rained quite a bit. I have been out there, getting what I could by hand. Prior to that I was out there every day cleaning as we had agreed upon. I had also stated to you that I would fill in the low spot, which I am planning to do. I was simply waiting for it to dry up a little bit and for Chet to harrow up the back to make getting the soil witht the tractor easier which he just did this last weekend. By no means have I been ignoring the situation. Your suggestion 2 weeks ago was to bring in outside fill(stone dust) which we both know is not allowed. 1 will gladly apply for a pen-nit to rebuild my barn as that is what it is going to take. The ceiling is far too low on the other side and the grade is improper. I will also be applying for a permit to take down the pool as it will not be feasible otherwise. This will be done today. 1 am fine with working with the city to improve my property. The estimated cost will be around$70,000. I can assure you this will not be a problem in the future for you. Lisa Original message From: Charles<chas130 @yahoo.com> >Dear folks; >Two weeks ago I was asked to participate in a >meeting to try and resolve the problem of the >odor,flies,and potential health threat created by the >horse manure originating at 130 Cross Path Road. It >was agreed by all present to restrict the horses to a > smaller paddock area in hopes it might, with proper >cleaning, alleviate the problem. The paddock area was >decreased in size to no avail. The same problem exists > today as it did two weeks ago. It was stipulated and > mutually agreed upon by all if this reduction of >paddock size did not alleviate the problem the paddock > area would be relocated to the other side of the barn. >I take absolutely no pleasure in stating the situa tion >has not improved. I am respectfully asking you to >relocate the horses as per the agreement. Charles 1. >Mazeski 11/7/2007 Ernie Mathieu From: Charles [chas130 @yahoo.com] Sent: Tuesday, October 16, 2007 8:43 AM To: Anthony Patillo; lisa fusco; Ernie Mathieu Subject: horses Dear folks; Two weeks ago I was asked to participate in a meeting to try and resolve the problem of the odor,flies, and potential health threat created by the horse manure originating at 130 Cross Path Road. It was agreed by all present to restrict the horses to a smaller paddock area in hopes it might, with proper cleaning, alleviate the problem. The paddock area was decreased in size to no avail. The same problem exists today as it did two weeks ago. It was stipulated and mutually agreed upon by all if this reduction of paddock size did not alleviate the problem, the paddock area would be relocated to the other side of the barn. take absolutely no pleasure in stating the situation has not improved. I am respectfully asking you to relocate the horses as per the agreement. Charles J. Mazeski Page 1 oft Ernie Mathieu From: Ernie Mathieu Sent: Friday, November 16, 2007 9:59 AM To: 'llfusco @comcastnet Cc: Anthony Patillo Subject: 130 Cross Path Rd (Weekly Update) 111607 Dear Lisa, I concur with you that the wood chips/shavings are helping to keep the area less"muddy" and it also looks like the manure is being remove and cleaned on a regular basis. I would suggest that the south end of the path in the 1si photo should also have wood chips on it since it appears a little"muddy"and needs to be built up about an inch higher(has a slight depression).Again, thank you for your time and effort as well as the weekly updates. Thanks, Ernie Cell 563-6680 From: llfusco @comcast.net [mailto:llfusco @comcast.net] Sent: Wednesday, November 14, 2007 11:13 PM To: Ernie Mathieu Subject: Weekly Photos Hi Ernie, The turnout area is clean but a little muddy. The last load of wood chips seems to still be helping as there is no standing water. I put out 4 bags of shavings that I had from before. Randy Baker is attempting to get me some free wood chips, from a project he is currently working on, by the end of the week. If he can't get them from the project,he's going to go up to Lashway, where I went for the last load, and get a larger load. Please call me with any questions. Thanks, Lisa Cell 413.218.7823 11/16/2007 Page 2 ot2 11116/2007 Page 1 of 1 Ernie Mathieu From: Ernie Mathieu Sent: Friday, November 30, 2007 9:58 AM To: 'Ilfusco @comcast.net' Cc: Anthony Patillo; 'chas130 @yahoo.com' Subject: 130 Cross Path Rd. (Update) Photo 11/29/07 Hi Lisa, Again,thank you for keeping me informed. Please send me a photo after some chips are spread. Keep up the good effort and have a good weekend. Ernie From: Ilfusco @comcast.net [mailto:llfusco @comcast.net] Sent: Thursday, November 29, 2007 3:52 PM To: Ernie Mathieu Subject: Wood Chips Hi Ernie, Randy dropped off 12 yards of wood chips yesterday. Its a bit too wet n going to try tomorrow or Saturday after things dry out a hit. Thanks, Lisa 11/30/2007 now to spread them. I'm Page 1 of 1 Ernie Mathieu From: Ernie Mathieu Sent: Friday, November 30, 2007 9'.53 AM To: 'Ilfusco @comcast.net Cc: Anthony Patillo; 'chas130 @yahoo.com' Subject: 130 Cross Path Rd. (Update) Photo 11/21/07 Hi Lisa, Again, thank you for keeping me informed. Ernie From: Ilfusco @comcast.net[mailtodlfusco @comcast.net] Sent: Sunday, November 25, 2007 7:34 PM To: Ernie Mathieu Subject: Photo 11/21/07 Hi Ernie, This photo was taken wed. 11/21. Randy is bringing 10 yards of wood chips this week. Thanks, 11/30/2007 Page 1 of 1 Ernie Mathieu From: Ilfusco@comcast.net Sent: Saturday, December 01, 2007 9:05 PM To: Ernie Mathieu Subject: Wood Chips Hi Ernie, I actually got these spread yesterday, but it was dark when I finished. Have a good weekend. Lisa 3/3/2008 Page 1 of 1 Ernie Mathieu From: ilfusco@comcast.net Sent: Monday, December 10, 2007 10:45 PM To: Ernie Mathieu Subject: Paddock Hi Ernie, In anticipation of the demolition of the old bam/garage and construction of the new barn, I will be temporarily boarding the horses. The move will take place later this week or early next week before we get any more snow. Please call or email me with any questions. Thanks, Lisa 3/3/2008 Page 1 of I Ernie Mathieu From: lifusco@comcast.net Sent: Tuesday, January 08, 2008 8:51 PM To: Ernie Mathieu; Anthony Palillo Subject: (No subject header) Hello to both of you and I hope you are well, I've decided to delay the construction project for replacing my barn for just a bit for various reasons. One,is the weather and snow. The other is, the farm where I wanted to board the horses for the construction period won't have any space available until April. Fuller Farm is my first choice as that's where Mack came from. There,they will be able to be together and not seperated in stalls like most places. Also, last week, Bob Bacon, (my partner in the airport), and two partners purchased O'Leary Construction. I think it's a great addition to the industry and Bob's got a great head for that. He's offered to help me through all phases of the construction. You may already know that O'Leary mainly contructs Butler(metal) Buildings. I had already decided to go with a metal building becuase of the use of recycled steel,low maintenance, and durability. These buildings are cheaper yet just as well made as a wood frame building, and are about 1/3 to 1/2 of the cost to purchase and erect. With the use of various facades,they can look as good or better than a traditional wood frame building. So, in summary, I hope to get the application/site plan in within about 4 to 6 weeks. I've already had the property surveyed by Heritage. I've been researching various contractors regarding heat, solar electricity, etc. If all goes as planned, we can start on or about April 1st, and hopefully get things up fairly quickly. Again, I appreciate your patience and understanding. Now that my schedule has slowed a bit. I'm able to spend more time with the horses and it's been great. Please feel free to contact me with any questions. Thanks, Lisa c- 413.218.7823 3/3/2008 Ernie Mathieu rpm: lent: 'o: iubject: it Ernie; Charles [chas130 @yahoo.com] Friday, February 15, 2008 10:23 AM Ernie Mathieu update I hope the winter hasn't been to harsh for a'al, great for the fishing. We were thinking about returning mid April, MS environment We will return to. We really don' situation we had to endure last summer, without j:d for this we certainly respect and Thank You. greatly appreciated. Thanks Ernie Charles you, the weather here has been warmer than and couldn't help but wondering what type t want to put up with the unhealthy your help it would have been unbearable, If you could update us it would be Peter McErlain From: Anthony Patillo Sent: Friday,April 25, 2008 7:50 AM To: Ilfusco @comcast.net Cc: Charles (chas130 @yahoo.com); Peter McErlain Subject: RE: emails Page 1 of 3 Lisa, I am not trying to surpevise you picking up manure. I relayed the information from Charles to you after you showed me the"only" area where you thought there was manure near your property line. You offered to pick it up I did not tell you to. This is getting ridul;ous to put it mildly. I will refer his complaint to Board of Health and you two resolve it . I am tired of trying to be a mediator between the two of you. Call the office when you are ready for inspection on your building permit. Tony From: Ilfusco @comcast.net [mailto:llfusco @comcast.net] Sent: Thursday, April 24, 2008 4:24 PM To: Anthony Patillo Subject: Re: emails I don't know what to say Tony. It's not a cons comm issue. It's not a planning board issue. I would think that most of this resolution should be between me and you. I don't know what obligation you have to keep Charlie in the loop as long as the situation gets resolved. You were forwarded the email that I sent to him stating that I did not realize that there was manure elsewhere in his yard and apologizing for it and offering to pick it up which was sent after the other one. That was sent around 6 PM yesterday. As of this time he has still not responded to that email. There is absolutely no reason for any city official to be made to supervise me while I pick up the horse manure. I know that you have better things to do. I would say at this point it is getting out of hand. I've updated you today as of the progress. I don't know what else you'd like me to do. Original message From. "Anthony Patillo" <apatillo @northamptonrna.gov> Lisa, This is string of e-mails I received today from Charles Tony; As you remember; the day I was leaving for florida Oct of 2007 you asked me to get a notarized letter to you to support my complaint stating there have been no animals etc. I emailed you from florida with questions pertaining to any correspondence between you the city and lisa fusco pertaining to this matter. I have not spoken or emailed you since this last request until my return this week from 4/29/2008 Page 2 of 3 florida. I explained many times to you, of my intentions to keep this matter friendly. I have a record of correspondence from the board of health both taped and emailed pertaining to the intentions of how this problem will be resolved of which are size able and of which none have been implemented. It appears we have gone full circle from the first meeting with the board of health, lisa fusco, yourself, and me last October of 2007. I have had absolutely no info as to the complaint or as to any progress until these recent emails and one visit from you after your meeting with lisa fusco this morning six months later. I feel left out of the loop from all your city personnel and committee members decision making pertaining to this matter, this should explain my reason for asking you a few questions in my previous emails today. Respectfully; Charles Mazeski Tony; I am very disappointed and feel blindsided as to the email from lisa to you stating "yes that is still the case, There is not manure in his yard." Both you and Stan observed the manure by the clothesline and the manure directly across from my tractors. These are just some more false statements directed towards me. I would like lisa fiasco to pick up the manure while being witnessed by you or Stan by appointement. This is not a fabrication or figment of any ones imagination. The shit is real''"""' Charles Hi Tony; 1. What did the permit signed by bruce young allow lisa fusco to do? 2. What does the building permit allow lisa fusco to do? 3. What is the date of issue of the cons corn permit? 4. What is the date of issue of the building 4/29/2008 Page 3 of 3 permit? 5. You mentioned you would ask lisa fusco to pick up the horseshit near the clothesline and other areas of my property that you observed with Stan and myself. 6. What was the date lisa fusco's permit went thru site plan and site review. 7. I would like to come in and pick up copies of the above. 8. Does lisa fusco serve on the same board as bruce young. 9. Was lisa fusco's permit approved by the full board or just by bruce young. 10. Have you informed the interim board of health agent as to the continuing potential ongoing unsanitary conditions that You, Stan and I observed? 11. What was the date of the zoning permit application? I will try to come in on thursday to pick up these copies., Thanks Charles Mazeski Anthony Patillo Building Commissioner CBO City of Northampton 212 Main Street Room 100 Northampton, MA 01060 phone 413-587-1240 fax 413-587-1272 4/29/2008