110 APT 3 Michael McCarthy 2010 },a,Rk1P P hF l'pCll
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�of Complainant
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NATURE OF COMPLAINT:
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Date of Inspection:
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Time:
V;(4 INSPECTOR'S REPORT:
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ipector Signe ure
Northampton Police Department Page: 1
Incident Report 06/17/2010
Incident #: 10-1612-OF
Call #: 10-15136
ie Reported:
Date/Time:
Status:
ng Officer:
Signature:
06/16/2010 1958
06/16/2010 2148
No Crime Involved
Patrol Michael Briggs - 3151
ON TYPE: Residence/Home/Apt./Condo
'SST APARTMENTS
3( ST
CE MA 01062
IN NEED OF ASSISTANCE
Zone: Area 4
BYE MICHAEL T
K ST Apt. 8A3
SE MA 01062
7/17/1946
ER: VAMC-CNA • 413-584-4040
ETY: Not of Hispanic Origin
1T STATUS: Resident
CONNECTED TO OFFENSE NUMBER(S) : 1
P INFORMATION:
lone (Primary) 413-586-2041
Phone (Primary) 413-584-4040
M W 63
413-586-2041
Northampton Police Department
NARRATIVE FOR PATROL MICHAEL J BRIGGS - 3151
Ref• 10-1612-OF
Entered: 06/16/2010 @ 2350 Entry ID: 193
Modified: 06/17/2010 @ 0029 Modified ID: 193
Page: 1
inesday, 6/16/10 at approximately 1958 hours, Officer Green and I(Officer Michael Briggs) were
to 112 Oak Street for a report of Michael McCarthy intoxicated and lying in the hallway at that
rival, we located McCarthy(known from previous dealings) on the ground. McCarthy speech was
asily understood. McCarthy is disabled;he uses a walker to get around, but has the ability to walk
;istance when sober. McCarthy indicated that he had a seizure and that was why he was on the ground.
that he had not been drinking. I contacted dispatch and requested an ambulance on scene to check
a wellbeing.
Green and I assisted McCarthy to his feet, and had him sit in his walker/wheel chair on the front
(the building. Upon the FD Ambulance arrival,McCarthy managed to knock his walker/wheel chair
11 to the ground. He would then admit to having consumed alcoholic beverages.
transported McCarthy to the Hospital. With McCarthy's consent I went to his apartment(Bld#110,
return his walker. When I opened the door, I was struck by an odor emanating from the apartment.
ent reeked of feces. I looked inside and observed that the apartment was extremely disorganized with
pers, and bottles strewn all over. I observed numerous brown spots on the carpet that appeared to be
The spots of what appeared to be feces increased on the carpet closest to the toilette. I went into the
nd observed that the floor had several piles of feces and a large amount of small pieces of feces on the
loor. I went into the bedroom where I observed what appeared to be feces smeared against the wall
:arpet. The bedroom was hoarded with objects making it clearly difficult to navigate for someone
ities.
oked inside the refrigerator. I observed that there was no food inside the refrigerator that could be
t were several bottles of mustard and three bottles of extremely spoiled milk. Digital Photographs of
:e were taken. I then left the scene securing the doors.
ed for McCarthy's wellbeing as well as the safety of other residents of the building, I notified Sgt.
f the situation. I will be forwarding this report to the Detective Bureau for follow up at the DA's
Northampton Police Department
Images Associated with 10-1612-OF
Northampton Police Department
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Northampton Police Department
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Northampton Police Department
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Northampton Police Department
Images Associated with 10-1612-OF
irthermore, anyone who fails to comply with any order the Board of Health may be subject to
Sing from $10 - $500 pursuant to 410.910. Each day's failure to comply with an order shall
a separate violation.
Please be advised that if you are aggrieved with this order you have the right to request
1. You must submit a written petition requesting a hearing within seven (7) days from the day
was served, pursuant to 150 CMR 410.850 through 410.860.
ode Number
Violation
Date of
Correction
Comments
.602: Maintenance of
Dwelling unit is in an
June 22"0 2010
Hire Extermination
as Free from Garbage
unsanitary condition
and Cleaning Service
Rubbish
Ensure clean up of
rotting food and any
bodily fluids
Remove all trash
Take care to keep all
common areas clean
and unharmed in the
cleaning of your unit
V,
)ection report is signed and certified under the pains and penalties of perjury
n Wood
Northampton Health Department
n St
ipton Ma, 01060
-1214
thampton Police Department
:livered by: On:
:d by:
od
Ken Watson
Thursday, June 17, 2010 2:43 PM
Ben Wood
RE: 110 Oak St.
!n.
Ian Elder Abuse/Neglect report with Highland Valley Elder Services on 320 Riverside Dr. Hopefully they'll
ocial worker who can assist him as well.
n Wood
irsday,June 17, 2010 2:41 PM
Vatson
110 Oak St.
led.Thanks. Ben
J, MPH
Northampton Health Department
Street, Municipal Building
rton, MA 01060
e:413-587-1213
)ffice:413-587-1214
587-1221
'ood @northampton ma.gov
vw.northamptonma.gov/healthdept
is a public record except when it falls under one of the specific statutory
ens )
ID OF HEALTH
MEMBERS
C.SALLOOM,CHAIR
NNE SMITH,M.D.
NNE LEVIN,M.D.
STAFF
amin Wood,MPH
or of Public Health
t,R.N.,Public Health Nurse
reeky,Health Inspector
ter Mcbride,Clerk
2010
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01080
Notice of Housing Code Violation and Order to Vacate
ael McCarthy
St., Apt# A3.
, MA 01062
McCarthy,
n June 16th, 2010, the Northampton Board of Health received a police incident report with
Inying pictures of the dwelling located at 110 Oak St., Apt#3A. The Northampton Health
ent attempted to gain entry to the dwelling on June 17th, 2010 but was unable to contact you.
accordance with M.G.L. c. 111, 127A and 1278, 105CMR 400.000: State Sanitary Code,
I: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code Chapter II:
i standards of fitness for Human Habitation and Chapter 111, section 122 to 125, of the
iusetts General Laws and based upon the pictures provided by the Northampton Police
ent, the Northampton Board of Health finds the following:
he owner/occupant has failed to maintain his dwelling unit in a clean and sanitary
In as described below:
ursuant to M.G.L. c. 111-1276 and 105 CMR 410.831 (D) the Board of Health herewith
at the dwelling is unfit for human habitation and is an immediate danger to the life and
h of the occupant(s) and those in the adjacent units.
ou are hereby ordered to vacate the dwelling unit within 5 days (by June 22"d 2010)
:he unit has been cleaned to a satisfactory condition as determined by the
npton Health Department. You must schedule an inspection with the Health
lent prior to June 22", 2010. If not cleaned to a satisfactory condition and after this
y and all occupants of the aforementioned dwelling unit, or portion thereof, must
he premises.
fter this date if you or anyone is found in the apartment outside these hours you could be
to arrest under 105CMR 410.950 C.
VL/V4/VO c4.UJ rm YL4 (OC 417VI
3prsu5ssezu Musing {.L
PROOF OF SERVICE OF PROCESS
I hey certify and return that on 200 , I served a copy of th
summons and restraining orders,together with a copy of the complaint in this action, upon tiii
named defendant, in the following manner[See Mass. R.Civ.P.4(d)(1-5)1:
Dated: 200
Prim Name
Signature
N.B. TO PROCESS SERVER:
PLEASE PLACE THE DATE YOU MAKE SERVICE ON THE DEFENDANT IN THIS BOX Of
ORIGINAL AND ON COPY SERVED ON DEFENDANT.
(
.200 .
14:uo rem 41a tai 4sUl sprnigrteta 80IISIES Cr
tiN
ICE
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
HOUSING COURT DEPARTMENT
WESTERN DIVISION
37 ELM STREET-P.O. BOX 559
SPRINGFIELD, MA 01102-0559
TELEPHONE (413)745-7838
FAX(413)732-4807
IOC / 195021I ' I' L
Ala YI')C„ti k •
t%o r11'jl,a,, n 4-4Nn Mao or o60
ROBERT G. FIELDS
CLERK MAGISTRATE
KEVIN It BYRNE, SR.
CHIEF HOUSING SPECIALIST
Date: Jlw.ne ti I o
1111;ad4 1Mec tir li
I/o O'./C fift f1,3
Ylo wH mt4 oto6a
>PLICATION FOR TEMPORARY RESTRAINING ORDER
en
the spedtI facts set out in the atiathS flkavWve,thed toupiai•dfledmehtteCIak ofUtCast.I request
loud adert)re above Dtdc.dm )to desist and refrain from /^± / air
C.rD 6n .Ql 0. (iA dY4- �rOlw� �'1...L .WorKak ��.� ( a�l kin 4 i'M..��i ai
s A 1r ,1, art (te04,47.17 en v).h/.+..1..1 4 /.ys� aM. 14 H.4 A
(F "a,,.,P o4 rr. WC ai-t Iiyu{S/ 714 e CQ ,/ M . 6, 7 A tit,' ( Is
cJ.ri`EtI t'a4 i1.t a a. i'h. + V 1A43 Gips C/2wrd 6 tZt m
nest the Court waive Rule 65(c)of MRCP that I provide secunty forthe issuance dale above milers
d man touderpemahlesafperjuryth
m
4OTICE OF HEARING ON TEMPORARY RESTRAINING ORDER
DEFENDANT: You are hereby notified that a hearing on the above agars:a t will be held at the
Division of The Housing Court, siding In Northampton at 15 Gothic Street, on MONDAY
0Ada at 9:00 an. at which you may and show wily such
not be granted.
3:Dina E. Fein, Esq. at Northampton
�At r _
i'ta ate.-4,1 A&S1
/1..5 Also a..L �/ /
)p
mn 6/ l7 av,( Pl• 7 • Alai o.•. 612d
(a,./-t.,vf r1 a Col <Q4//t. L&L - S+%u6..,5
4111. w,, . Mt,a.-115
1RD OF HEALTH
MEMBERS
k C.SALLOOM,CHAIR
ANNE SMITH,M.D.
ANNE LEVIN,M.D.
STAFF
njamin Wood,MPH
°tor of Public Health
,tt,R.N.,Public Health Nurse
,trosky,Health Inspector
Cher Mcbride,Clerk
', 2010
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
Notice of Housing Code Violation and Order to Vacate
hael McCarthy
k St., Apt#A3.
e, MA 01062
r. McCarthy,
)n June 16th, 2010, the Northampton Board of Health received a police incident report with
lanying pictures of the dwelling located at 110 Oak St., Apt#3A. The Northampton Health
nent attempted to gain entry to the dwelling on June 17th, 2010 but was unable to contact you.
n accordance with M.G.L. c. 111, 127A and 127B, 105CMR 400.000: State Sanitary Code,
r I: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code Chapter II:
m standards of fitness for Human Habitation and Chapter 111, section 122 to 125, of the
;husetts General Laws and based upon the pictures provided by the Northampton Police
nent, the Northampton Board of Health finds the following:
fhe owner/occupant has failed to maintain his dwelling unit in a clean and sanitary
on as described below:
'ursuant to M.G.L. c. 111-1276 and 105 CMR 410.831 (D)the Board of Health herewith
hat the dwelling is unfit for human habitation and is an immediate danger to the life and
Ith of the occupant(s) and those in the adjacent units.
You are hereby ordered to vacate the dwelling unit within 5 days (by June 22nd 2010)
the unit has been cleaned to a satisfactory condition as determined by the
[mpton Health Department. You must schedule an inspection with the Health
.ment prior to June 22nd, 2010. If not cleaned to a satisfactory condition and after this
Ty and all occupants of the aforementioned dwelling unit, or portion thereof, must
the premises.
After this date if you or anyone is found in the apartment outside these hours you could be
to arrest under 105CMR 410.950 C.
urthermore, anyone who fails to comply with any order the Board of Health may be subject to
nging from $10 - $500 pursuant to 410.910. Each days failure to comply with an order shall
to a separate violation.
Please be advised that if you are aggrieved with this order you have the right to request
lg. You must submit a written petition requesting a hearing within seven (7) days from the day
r was served, pursuant to 150 CMR 410.850 through 410.860.
,ode Number
Violation
Date of
Correction
Comments
0.602:Maintenance of
Dwelling unit is in an
June 22A0 2010
Hire Extermination
eas Free from Garbane
unsanitary condition
and Cleaning Service
d Rubbish
Ensure clean up of
rotting food and any
bodily fluids
Remove all trash
Take care to keep all
common areas clean
and unharmed in the
cleaning of your unit
oection report is signed and certified under the pains and penalties of perjury
n Wood
, Northampton Health Department
n St
rpton Ma, 01060
'-1214
thampton Police Department
:livered by: g W 00
d by:
On: V! 7/a(a
For Quality Long Living
me 22, 2010
itreet
on, Massachusetts 01060
al McCarthy
vlrs. Wood:
for your 6/21/2010 report to Adult Protective Services regarding the care of the above named
ecision has been made based on the information that you have provided. This decision is based
'rotective Services Division regulations that pertain to the screening in or screening out of reports,
the following:
lecific allegation of abuse, neglect and/or exploitation concerning an incapacitated adult.
tic situation that has already been investigated and the new report does not contain new
nation.
rt lacks specific credible information.
ficient information either to locate the adult or to warrant an investigation.
d on the allegations provided, the report was screened in and the report will be assigned to a Case
cer for investigation.
rt will remain on file and combined with any additional reports. If you receive or acquire
1 information which is directly related to the abuse,neglect,or exploitation of this adult,please do
rte to submit another report.
/006u kuv
i
Al/D),
ell
or
otective Services Division
7:413.586.2000 800.322.0551 TTY:413.585.8160 F:413.584.7076
Suite B 320 Riverside Drive Florence,MA 01062 gll(alhighlandvallev.orq www.highlandvalley.orq
=HEALTH
3ERS
LOOM,CHAIR
IMITH,M.D.
EVIN,M.D.
1FF
Vood,MPH
'ublic Health
,Public Health Nurse
Health Inspector
bride,Clerk
CITY OF NORTHAMPTON
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
6/22/2010
Apartment A3
110 Oak Street
212 MAIN STREET
NORTHAMPTON,MA 01060
II persons on
remise must
vacate .
ccess limited
to persons
uthorized by
the
lorthampton
yard of Health
Until Further Notice
)er Order of the Northampton
Board of Health
Benjamin Wood, MPH
Director Of Public Health
l OF HEALTH
EMBERS
SALLOOM,CHAIR
NE SMITH,M.D.
VE LEVIN,M.D.
STAFF
nin Wood,MPH
of Public Health
R.N.,Public Health Nurse
sky,Health Inspector
r Mcbrlde,Clerk
CITY OF NORTHAMPTON
REALTY HOLDINGS LLC
ER COVE RD
IOUTH, MA 02664
MASSACHUSETTS 01060
OFFICE OF THE
BOARD OF HEALTH
212 MAIN STREET
NORTHAMPTON,MA 01060
lak St., Florence, Ma 01062
kyotte,
for your cooperation in responding to the situation at the apartment (A3) occupied by
IcCarthy. This letter is meant to summarize the actions the Northampton Health Department
ave agreed upon. We agreed that:
u will change the locks on the unit(A3).
u will place Mr. McCarthy's belongings in a storage unit at 110 Oak Street.
u will have the unit professionally cleaned, including the removal of the carpet.
u will contact our office after the unit has been cleaned so that we can remove the vacate
card and clear the unit for re-habitation.
ly, June 24th, 2010 we understand that the locks have been changed, Mr. Mccarthy's
Is have been placed in storage and the unit is in process of being cleaned.
u again for your cooperation in this matter.
id
Northampton Health Department
Ben Wood
Thursday, June 24, 2010 10:56 AM
'keitheley.wil kinson @va.gov'
Aimee Petrosky
Michael McCarthy
ts: Summary letter to Ayotte re 110 Oak St.doc
ley,
formal letter to Michael, please see attached the summary letter sent to Bob Ayotte,owner of the
Jnit where Michael was living. He has placed Michael's belongings in a storage unit and is cleaning the
After it is cleaned I will clear the unit for re-habitation.At that point it is an issue between the owner and
;arding whether or not he will return there. If Michael wants to go back he still has legal right of entry
to locks have been changed but he is entitled to them if he wants to return)although I understand there are
Lion proceedings underway and it sounded like it was doubtful that Michael wanted to return anyway. If you
Jestions please let me know. If you can confirm that you will communicate this information to Michael that
apreciated.Thank you. Ben
MPH
artharnpton Health Department
treet, Municipal Building
on, MA 01060
413-587-1213
lice: 413-587-1214
17-1221
od@northamptonma.gov
v.northamptonma.gov/healthdept
is a public record except when it falls under one of the specific statutory
ns.)
Commonwealth of Massachusetts
Housing Court Department
Western Housing Court
37 Elm Street
P.O. Box 559
Springfield, MA 01102-0559
(413)748-7838
erne
strate
Northampton Health Dept.
Michael McCarthy
I0H79CV000952
NOTICE OF DISMISSAL
Honorable Dina E Fein
First Justice
Date: July 1, 2010
±Ier notice and opportunity to appear for the following event:
06/28/2010 09:00 AM Hearing on Application for TRO
he above titled matter is dismissed for the following reason(s):
* Plaintiffs request
ffllu R D
dU n
NORTHANIPT014 tr-
ampton Health Dept.
tin Street
ampton, MA 01060
Kevin R Byrne
Clerk- Magistrate
TMFNT OF 'VETLRANS AFFAIRS
rilumpinn VA Medical Center
Lends,MA 01053-9764
In Reply Mar to: 6311
4aric McNeil,LICSW
al Worker
lrrthampron VA Medical Center
21 N.Main Street
setts,MA 01053-9764
11"3)584-01411x)6.53
MPH
3iinitn.,N,y.i'_:mttpton Realm Il:--1 aoment
12 Main Strict,Municipal Building
dotlh:3nrptnn,MA 01060
Meet I_hre.413-587-1213
;aver„1 Office,:413-587-1214
'ax: 413-537-1221
;mail:bwood@ror1bamptonmagov
Ittp Ifnw,,ronWa wtottma.gov/healthdent
my 12,2010
km Mr.Wood,
am wTli ng to inform you that Michael McCarthy nio.b. 7-1746)will be di elmrged from this
tospitaI tomorrow 7-12-10 and will be residing et the Soldier On Homeless Shelter until he can
!gain secure his own apartment.
Tyco have any gu?stio^e,please do not hesitate to contact me at the above phone number.
[hank you in advance,
Sine=ly,
`AJLA'1 /
4arie McNeil,LICSW
iBiZZBEE19 xva EZ%Or ena GtOZ/EI/L