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196 Alleyway Litter 2007 n Date: ot/17101 I Time: �; Map: I Parcel: Name of omplainant: Pa t,p- Jy.....) Address: ^ is ('f, y-�r Tel: -f.Fly _ / a w v n'o✓ls. le� t' ?' NATURE OF COMPLAINT: �D/ Gd�br�4 GuL'�el Location: ' Owner: Li__0 . 0 / /Lt C eat. , /-J ' 2..1 Address• Tel:V,53—279 7L 1 Taken by:4l'.. 'Date of Inspection: Cl/l�' 67 ITime: 1Z S& / IINSPECTOR'S R POR i. abL v4 n � oL/CS Al ..r. oil Adra * o9 2 cs a, .,, � .. cL� Action Taken: Inspector Signature O BOARD OF HEALTH OFFICE OF THE MEMBERS ROSEMARIE KARPARIS,R.N.,MPH XANTH I SCRIMGEOUR,MHEd,CHES JAY FLEITMAN,M.D. STAFF Ernest J.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health Richard Meczywor,R.S.,Sanitary Inspector Patricia Abbott,R.N.,Public Health Nurse MEMO TO: FROM: DATE: SUBJECT: BOARD OF HEALTH CITY OF NORTHAMPTON MASSACHUSETTS 01060 Russell Sienkiewicz, Chief of Police Ernest J. Mathieu,Director of Public Health April 25, 2007 Illegal Dumping and Littering in Alleyway 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1214 FAX(413)587-1221 As you may know there is an individual by the name of Winston Bancroft, Jr., who has been creating a public health nuisance by constantly dumping trash and littering in the alleyway between Main Street and Old South Street. He has recently created a large pile of trash behind the building at 196 Main Street of which I am trying to get removed and cleaned. The process has been very difficult and I have received much resistance from the property owners to cooperate and clean, since they are very frustrated with this ongoing behavior from this individual that has cost them hundreds of dollars in cleaning expenses to date. Please read that attached emails that I received from Russ Jopson. Russ, if you have any suggestions that you may have,please call me at 587-1213 or on my cell at 563-6680. Thank you for your time and attention in this matter. Thank You. Page 1 of1 Ernie Mathieu From: Russ Jopson [rbj @hpmgnoho.com] Sent: Friday,April 06, 2007 3:40 PM To: Ernie Mathieu Subject: Alley-behind 7 Old South Ernie: For your information, we have taken great measures trying to keep the properties along the alley free of debris and garbage. We manage 7 Old South, 13 old South and 6-8 Crafts Avenue. I would have to say that we have spent in excess of$1000 picking up garbage and debris along the alley over the last year. Most of this is related to Winston Bancroft Jr., as I am sure you know. We have made attempts with Northampton Public Safety to keep him out of the alley; however he seems to come back every single time he is hauled away by the police. Anyway, currently, the alley is in better shape than it has in the past; however some of the owners have not picked up behind their buildings in some time. I am asking, at your convenience, if you could take a walk through the alley and see for yourself, what Winston Bancroft Jr. can do and asking how we can get the other owners to keep their sides clean as well. Russ Jopson The Hampshire Property Management Group, Inc. Thomes Marketplace 150 Main Street, Suite#310, PO Box 686 Northampton,MA 01061 (413) 582-9970 ext. #102 (413) 582-9973 (fax) 4/24/2007 Page 1 ott Ernie Mathieu From Russ Jopson [rbj©hpmgnoho.com] Sent: Monday,April 23, 2007 2:28 PM To: Ernie Mathieu Cc: 'Pat Taylor; 'Richard M. Madowitz' Subject: 7 Old South alley Ernie: I received your call and Peter's call about the alley. There is no doubt in mind that our tenants are using our own dumpster and it is Winston who is taking the bags out and moving them along the alley in fact it happened again this weekend. We now have additional black bags behind our dumpster from his last visit. At this point, I will clean it up again and I will also get someone to pick up the loose garbage from the other side of the alley since I a tired of looking at it and that owner chooses to do nothing! Peter asked about locking our dumpster, and that is fine as long as we can keep a lock on it and no one breaks it off AGAIN. But,this does not entirely solve the problem as Winston uses the alley as a"transfer station'. It is not just the trash from the alley dumpsters, it is trash he brings in with him. Russ Jopson The Hampshire Property Management Group, Inc. Thomes Marketplace 150 Main Street, Suite #310, PO Box 686 Northampton, MA 01061 (413) 582-9970 ext. #102 (413) 582-9973 (fax) 4/24/2007 liege 1 or 1 Ernie Mathieu From: Russ Jopson [rbj @hpmgnoho.com] Sent: Monday, April 23, 2007 2:59 PM To: Ernie Mathieu Subject: Update Just noticed the pile of loose trash/garbage is gone now. I will have the additional black bags brought in this weekend removed ASAP. Russ Jopson The Hampshire Property Management Group, Inc. Thomes Marketplace 150 Main Street, Suite#310, PO Box 686 Northampton, MA 01061 (413) 582-9970 ext. #102 (413) 582-9973 (fax) 4/24/2007 PAGE 1 ]4/19 OZ ERCIAL%INDUSTRIAL PROPERTY RECORD CARD NORTHAMPTON, MASSACHUSETTS EFFECTIVE DATE OF VALUE: JANUARY 1, 1998 PARCEL ID: 31D-159-001 196 MAIN ST PLOT: Living Units: 3 Class: C 031 Card # 1 of 1 CURRENT OWNER/ADDRESS Neighborhood 301.00 FINAL VALUE FLAG: INCOME MARLEY JAMES D & ANNE G LAND DATA -ASSESSMENT INFORM4TION- P 0 BO% 168 TYPE SIZE INFLUENCE FACTORS 25 4 LAND5 VALUE 30 PRIOR COST INCOME CURRENT PRIME SITE 1601 CU5 ENT BELCHERTO.IN MA 01007 LAND 3 8,870////!�/�/�f1�#'h'k 179 640 173,970 GOAL 6R8,030 S[NpNHANflN 1]2,640 1]3,9]0 SALES INFORMATION DEED BOOK: 7034 TOTAL ACREAGE: 0.037 TOTAL LAND VALUE: 415,030 DATE TYPE PRICE VPLIDITV DEED PAGE: 104 DEED DATE: 20030211 20030211 LAND + BLD 325,000 LAST UPDATE: % 2D+07/ ATTACHED IMPROVEMENTS COST APPROACH DETAIL: TYPE M1 M2 M3 #UNITS LEVELS USE E WALL HEATING A/C AREA SF RATE RCN % GD RCNLD SF2 26 1 1 B1 TO B1 86 UNIT HEATNONE 1560 29.32 45,760 .50 22,880 01 TO 01 34 BRICK STONE HOT AIR CENTRAL 1560 75.69 118,080 .60 70,850 02 TO 02 3 81 BRICK STONE HN/STEAM NONE 1560 84.56.59 102,330 .40 40,930 04 TO 04 81 BRICK STONE HW/STEAM NONE 760 65.20 49,550 .35 17,350 TO NON NONE NONE TO NONE NONE //1_ /� TO 1 ;f.�_(i�f(-/�,(4//(y// YYpEARDBUILT 1900 TOTAL UNADJ RCN 248,690 gUANITV GRADE C+ TOTAL UNADJ.RCNLD 287 730 GRADE FACTOR 0 # IDENT UNITS 1 EFFICIENCIES FUNC/ECON FACTOR 0.60 �� 21 1-BEDROOMS RCNLD 1]2,640 5E-y-07/ 7 2-BEDROOMS 3 OUTBUILDING/YARD ITEM DETAIL: DESCRIPTION WIDTH LENGTHS QUAN. YEIRT COND. UTNC. % GD VALUE NONE NONE NONE NONE NONE NONE NONE NONE 60 OTHER IMPROV 61 TOTAL OBY/YARD VALUE: INCOME APPROACH SUMMARY: TOTAL RENTABLE SQUARE FEET: INCOME ADJUSTMENT 85 INCOME INDICATED VALUE: Ernie Mathieu From: Russ Jopson [rbj @hpmgnoho.com] Sent: Monday,April 23,2007 2:28 PM To: Ernie Mathieu Cc: 'Pat Taylor': 'Richard M. Madowitz' Subject: 7 Old South alley Ernie: I received your call and Peter's call about the alley. There is no doubt in mind that our tenants are using our own dumpster and it is Winston who is taking the bags out and moving them along the alley in fact it happened again this weekend. We now have additional black bags behind our dumpster from his last visit. At this point, I will clean it up again and I will also get someone to pickup the loose garbage from the other side of the alley since I a tired of looking at it and that owner chooses to do nothing! Peter asked about locking our dumpster, and that is fine as long as we can keep a lock on it and no one breaks it off AGAIN. But, this does not entirely solve the problem as Winston uses the alley as a"transfer station". It is not just the trash from the alley dumpsters, it is trash he brings in with him. Russ Jopson The Hampshire Property Management Group,Inc. Thames Marketplace 150 Main Street, Suite#310, PO Box 686 Northampton,MA 01061 (413) 582-9970 ext. #102 (413) 582-9973 (fax) 5/10/2007 BOARD OF HEALTH OFFICE OF THE MEMBERS ROSEMARIE KARPARIS,R.N.,MPH BOARD OF HEALTH ANTHI EOUR,MHEd,CHES JAY FLE JAY FLEITMAN,M.D. STAFF EmestJ.Mathieu,R.S.,M.S.,C.H.O. Director of Public Health lard Meczywor,R.S.,Sanitary Inspector Wcla Abbott,R.N.,Public Health Nurse Madeline Heon,Clerk tpril 27, 2007 ames and Ann Marley '.O. Box 168 3elchertown, MA 01007 3e: Large Pile of Trash Bags,Trash and Garbage Scattered on Ground- 196 Main Street CITY OF NORTHAMPTON MASSACHUSETTS 01060 212 MAIN STREET NORTHAMPTON,MA 01060 (413)587-1213 FM(413)581-1221 Dear M/M Marley; AN INSPECTION 196 Main Street, owned or controlled by you, was conducted on April and April 27, 2007,has revealed violations of one or more laws. Listed below is a description of the violations observed upon inspection and proven by the complainant. DESCRIPTION OF VIOLATION(S). Observed was a mattress and very large pile of numerous trash bags along with trash, garbage scattered on ground in the alleyway along the side of the building of 196 Main Street CORRECTION ORDERS: Arrange immediately to have to have the mattress and the entire pile of bags and all scattered trash, litter, and debris cleaned along the building. Below are photos taken on this date: LGE2 RI are hereby ordered to correct or eliminate these violations in accordance with M.G.Ly R 111 I URE TO CORRECT THE VIOLATION S COULD RESULT IN LEGAL ACTON?007. ease feel free to contact me at 587-1213 or at 563-6680,if you have any questions. Incerely, irnest 1. Mathieu, R.S.,M.S., C.H.O. )irector of Public Health rage [ us From: Ernie Mathieu Sent: Friday, April 27,2007 3:10 PM To: Russell Sienkiewicz Subject: Alley behind 196 Main Street Attachments: 196 main Street (Dumpster Violation) 042707.doc Dear Russ, Attached is the letter that I sent to the owner of 196 Main Street. I will be calling you to speak with you about what may evolve from this. Thanks, Ernie file:/!C:\Documents and Settings\emathieu\My Documents\Word Files\CODE VIOLATION... 5/2/2007 14081)1t;';' n n f Vbd 3 i, ► C F t1 '� 31 • DIVERSIFIED CONSTRUCTION FAX N0. : 4133234229 1. David Marley P.O. Box 168 Belchenown, MA 01007 (413) 253-2798 FAX(413)323-4229 Apr. 30 2007 01:57Pn Fl Mr.Ernest Mathieu Director of Public Health 212 Main Street Northampton,MA 01060 April 30, 2007 Dear Mr.Mathieu, I am responding to the letter I just received from you. I do believe that alley belongs to the City of Northampton,I know it is not part of the property I own. For some reason I have been singled out by the Board of Health for the refuse that is illegally dumped in the alley by a seemingly mentally ill person,who is well known to the police,the DPW and to your department. We neither own nor control the alleyway,ahhough we did contribute financially($500)to the paving of it to make it more presentable. I have personally picked up the trash brought to the alley by this criminal myself many times over the past two years,I have paid workers to remove it and dump it,countless times. It has literally cost me hundreds and hundreds of dollars and more dine and energy than I can recount,writing this letter included. I have a restraining order against Winston Bancroft III,and I have implored the police to help me and nobody seems to care or do anything about it I was actually able to make an eyewitness,live report while the activity was in progress one Sunday afternoon some months ago(I have been told that his routine is us ally,such as hard to catch someone in the act at that time,unless you happen duly an some police officers are.) I called the police as I watched Mr.Bancroft doing his thing that Sunday,bringing bags and bags of trash and placing them next to my dumpster. The police refused to come until I made a call to State Representative Peter Kocot,who was able to convince the police to make a visit When the police arrived Mr.Bancroft was still in the act of vandalizing the property,but all the police did was issue him a ticket. I have a restraining order against him but they refused to do anything more than write him a ticket. I was absolutely amazed and discouraged by this. I feel that I have been abused and persecuted by this individual. It is my opinion that the City of Northampton is aiding and abetting a criminal and short of filing a lawsuit against the City and Mr.Bancroft,I do not know what else I can do. I do not have the time or money to start legal proceedings. Your letter threatens legal action against ME if I do not pick up his mess,where is the just ice? Why he has singled out my dumpster is just one more inscrutable aspect of this continuing saga The City is enabling the disruptive, filthy, disgusting behavior of this individual by allowing it to continue. I refuse to pay for his crimes any more. I am a law abiding taxpayer and you are making me the scapegoat and trying to force me to be responsible for the mess created by someone else,it is unbelievable. If my only recourse is to remove the dumpster,then that is what I will do. That dumpster is locked and secured,the trash is from elsewhere as you well know. This is a travesty of justice and I cannot believe that I am the one who is sited for this person's criminal behavior. Sinceryly, J.David Marley CC: Mayor Iiiggens State Representative Peter Kocot Attorney Francis Collins Northampton Police Department William Letendre,Parking Commissioner jECEIVE APR 3 0 PM NORTHAMPTON BOARD OF HEALTH From: Ernie Mathieu Sent: Tuesday,May 01, 2007 4:19 PM To: Russell Sienlciewicz Cc: Mayor's Office; Mike Wall; Joseph Koncas Subject: RE: Alley behind 196 Main Street Hi Russell, Thank you. I checked the alley today and the entire pile of the trash is removed and the area is all swept up. Now the entre alley is I forward Ms. Marley clean copy of your the letter hto show her er that the City haskben taking action against Mr. Bancroft? Should Ernie From: Russell Sienkiewicz Sent:Tuesday, May 01, 2007 3:28 PM To: Ernie Mathieu Cc: Mayors Office; Mike Wall; Joseph Koncas Subject RE: Alley behind 196 Main Street Ernie-here's the memo countering the claim the cops won't do anything Original Message From: Ernie Mathieu Sent: Friday, April 27, 2007 4:10 PM To: Russell Sienkiewirz Subject: Alley behind 196 Main Street Dear Russ, Attached is the letter that I sent to the owner of 196 Main Street. I will be calling you to speak with you about what may evolve from this. Thanks, Ernie file://C:\Documents and Settings\emathieulMy Documents\Word Files\CODE VIOLATION... 5/2/2007 Ernie Mathieu From: Corinne Philippides Sent: Wednesday, May 02, 2007 2:21 PM To: Ernie Mathieu: Russell Sienkiewicz Cc: Karen Bellavance-Grace Subject: RE: Alley behind 196 Main Street Chief Sienkiewicz and Ernie, I just heard from State Representative Peter Kocot, who was asked by Mr. Marley to help with this recurring problem. Ernie: I'm trying to understand: is the City actually holding Mr. Marley responsible to clean up the dumpster area? I would hope not, since he clearly is not the cause of thcontinual Mr. problem, and helps clean it up, at his expense. Please send me a copy your Marley. Chief: I'm assuming Brendan Plante might somehow be involved in your dealings with Winston Bancroft? Since Rep. Kocot is now being phoned by Mr. Marley whenever Mr. Bancroft is at the dumpster, I offered to have the store owner call here instead, since it is a City, not Sinterim situation solve. would call an Bancroft, if you agree, nthe betweentoday and he court date and ultimate court ruling Corinne Philippides Mayoral Aide Office of Mayor Clare Higgins 210 Main Street Rm 12 Northampton MA 01060-3199 413-587-1212 or-1249 cphilippides@northamptonma.gov Original Message From: Ernie Mathieu Sent:Tuesday, May 01, 2007 5:19 PM To: Russell Sienkiewicz Cc: Mayor's Office; Mike Wall; Joseph Koncas Subject: RE: Alley behind 196 Main Street Hi Russell, Thank you. I checked the alley today and the entire pile of the trash is removed and the area is all swept up. Now the entire alley is clean (Thanks to the other property owners who worked with me and cleaned prompley). Should I forward Ms. Marley a copy of your letter to show her that the City has been taking action against Mr. Bancroft? 5/10/2007 Qa% Ernie From: Russell Sienkiewicz Sent: Tuesday, May 01, 2007 3:28 PM To: Ernie Mathieu Cc: Mayor's Office; Mike Wall; Joseph Koncas Subject: RE: Alley behind 196 Main Street Ernie-here's the memo countering the claim the cops won't do anything.." Original Message From: Ernie Mathieu Sent: Friday, April 27, 2007 4:10 PM To: Russell Sienkiewicz Subject: Alley behind 196 Main Street Dear Russ, Attached is the letter that I sent to the owner of 196 Main Street. I will be calling you to speak with you about what may evolve from this. Thanks, Ernie 5/10/2007 rage 1 v, a From: Ernie Mathieu Sent: Wednesday,May 02, 2007 1:20 PM To: Russell Sienkiewicz Subject: RE: Alley behind 196 Main Street OK Thanks Russ From: Russell Sienkiewicz Sent: Tuesday, May 01, 2007 4:27 PM To: Ernie Mathieu Subject: RE: Alley behind 196 Main Street No need to forward the memo-that's for you and the Mayor to refer to should she call again. Original Message From: Ernie Mathieu Sent: Tuesday, May 01, 2007 5:19 PM To: Russell Sienkiewicz Cc: Mayor's Office; Mike Wall, Joseph Koncas Subject: RE: Alley behind 196 Main Street Hi Russell, Thank you. I checked the alley today and the entire pile of the trash is removed and the area is all swept up. Now the entire alley is clean (Thanks to the other property owners who worked with me and cleaned prompley). Should I forward Ms. Marley a copy of your letter to show her that the City has been taking action against Mr. Bancroft? Ernie From: Russell Sienkiewicz Sent: Tuesday, May 01, 2007 3:28 PM To: Ernie Mathieu Cc: Mayor's Office; Mike Wall; Joseph Koncas Subject: RE: Alley behind 196 Main Street Ernie-here's the memo countering the claim "the cops won't do anything..." Original Message From: Ernie Mathieu Sent: Friday, April 27, 2007 4:10 PM To: Russell Sienkiewicz Subject: Alley behind 196 Main Street Dear Russ, Attached is the letter that I sent to the owner of 196 Main Street. I will be calling you to speak with you about what may evolve from this. Thanks, Ernie file://C:\Documents and Settings\emathieu\My Documents\Word Files\CODE VIOLATION... 5/2/2007 rage r Ui Ernie Mathieu From: Russell Sienkiewicz Sent: Thursday, May 03, 2007 1:17 PM To: Corinne Philippides; Ernie Mathieu Cc: Karen Bellavance-Grace Subject: RE: Alley behind 196 Main Street Corinne- Bancroft is not homeless, nor unemployed, so Brandon isn't the solution. Bancroft has a psych disorder that is not considered a danger to himself or others, and thus near impossible to force treatment. We are in direct contact with his counselors/therapists and have implemented their suggestions into our strategy. He is very frugal and we're hoping the financial cost will outweigh his behavior. So far every time he's cited he goes over to the court and angrily throws the $100 on the counter, then leaves (13 times so far). The tresspass charges are criminal, and using all the info we have, along with his counselors' help,we hope to convince the court to force him into a treatment program,that so far he has refused. Lately he has seemed to have quieted down quite a bit, so we're hoping the plan is working. Chief S Original Message From: Corinne Philippides Sent: Wednesday, May 02, 2007 3:21 PM To: Ernie Mathieu; Russell Sienkiewicz Cc: Karen Bellavance-Grace Subject: RE: Alley behind 196 Main Street Chief Sienkiewicz and Ernie, I just heard from State Representative Peter Kocot, who was asked by Mr. Marley to help with this recurring problem. Ernie: I'm trying to understand: is the City actually holding Mr. Marley responsible to clean up the dumpster area? I would hope not, since he clearly is not the cause of the continual problem, and helps clean it up, at his expense. Please send me a copy of your letter to Mr. Marley. Chief: I'm assuming Brendan Plante might somehow be involved in your dealings with Winston Bancroft? Since Rep. Kocot is now being phoned by Mr. Marley whenever Mr. Bancroft is at the dumpster, I offered to have the store owner call here instead, since it is a City, not State, situation to solve. I would then call Brendan to deal with Mr. Bancroft, if you agree, in the interim between today and the court date and ultimate court ruling. Corinne Philippides Mayoral Aide Office of Mayor Clare Higgins 210 Main Street Rm 12 Northampton MA 01060-3199 413-587-1212 or-1249 cphilippides@northamptonma.gov 5/4/2007 rage Z a Original Message From: Ernie Mathieu Sent: Tuesday, May 01, 2007 5:19 PM To: Russell Sienkiewicz Cc: Mayor's Office; Mike Wall; Joseph Koncas Subject: RE: Alley behind 196 Main Street Hi Russell, Thank you. I checked the alley today and the entire pile of the trash is removed and the area is all swept up. Now the entire alley is clean (Thanks to the other property owners who worked with me and cleaned prompley). Should I forward Ms. Marley a copy of your letter to show her that the City has been taking action against Mr. Bancroft? Ernie From: Russell Sienkiewicz Sent:Tuesday, May 01, 2007 3:28 PM To: Ernie Mathieu Cc: Mayors Office; Mike Wall; Joseph Koncas Subject: RE: Alley behind 196 Main Street Ernie-here's the memo countering the claim "the cops won't do anything..." Original Message From: Ernie Mathieu Sent: Friday, April 27, 2007 4:10 PM To: Russell Sienkiewicz Subject: Alley behind 196 Main Street Dear Russ, Attached is the letter that I sent to the owner of 196 Main Street. I will be calling you to speak with you about what may evolve from this. Thanks, Ernie 5/4/2007 Ernie Mathieu From: Ernie Mathieu Sent: Tuesday, May 22,2007 4:28 PM To: 'shelly©fundining.com Subject: RE• Pizzeria Paradiso May 22, 2007 Hello Shelly, This sounds like a good plan that should work for all of you. A job well done by all of you" Thanks for your help on this one„ „ , " " " , Ernie Mathieu 587-1213 Cell 563-6680 Original Message From: shelly @fundining.com [mailto:shelly @£undining.com] Sent: Saturday, May 19, 2007 1:05 PM To: Ernie Mathieu Subject: Pizzeria Paradiso Good morning Ernie, Since our last conversation outside of Spoleto regarding the dumpster issue and Winston, Rich Madawits from Hampshire Property management has gotten the go ahead from the town to install a trash compacter like the one behind Thornes. I believe that all of the restaurants, Caminito, Osaka and Paradiso will be sharing it so that will eliminate all of thnsp dnmpsters in the alley nn the Paradisn end. The dumpster has a swipe key Sn theta will be no cutting of the lock. I'm not sure when this will all transpire but I will keep you posted. I will be going over to Spoleto full time soon so the new contact person for Paradiso will be Beth, Felix or Elena (in that order) . Thank you and I hope you recieved the 5 checks I sent over relating to the Paradise City Arts Fest. Shelly de Jordy Pizzeria Paradiso