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49 & 53 Notice of Responsibility & Complaint 1978 & 2006 Os ROMs ATE s UBJECT: Mayor Harry S. Chapman, Jr. Peter J. Sartain, Health Agent February 14, 1978 Inspection of residences at 49 and 53 Middle Street An inspection, this date, of dwellings at 49 and 53 Middle Street evealed that, while these dwellings are not as well kept as others on the street, here are no violations of Article II of the State Sanitary Code. The structural dements of both dwellings, including foundations, porches, side walla, roofs, hinmeys, and gutters are in satisfactory condition and do not pose a health or afety threat to the occupants or the general public. There is glass missing from the front storms doors of both dwellings end glass also missing from several porch windows of the 49 Middle Street residence, iwever, since the code does not require either storm doors or porch windows, these do not constitute violations. Doe to deep snow .here was litter scattered If there are any his office. surrounding the dwelling, it could not be determined if about the properties further questions about this matter, please contact Y S.CHAPMAN,JR. MAYOR CITY OF NORTHAMPTON MASSACHUSETTS City Hal l Northampton, Massachusetts 01060 OFFICE OF THE MAYOR 584-2264 . 584-2265 TO, Peter McErlain FROM: Harry S. Chapman, Jr. DATE: February 14, 1978 SUBJECT: Possible Health Code Violations 496.501 Middle St. 3) It has been brought to my attention that these two residents, 49 listed for sale by A.W. Borowski and 51 a rental owned by Skibiski Real Estate, are causing great concern to the residents of Middle Street. They feel that code violations may exist. Have any complaints been filed and if so what is their status. HSC:EJW 0'5 BOARD OF HEALTH CITY HALL COMPLAINT RECORD Date -23-17[Time Name of <_... t Lc::.. .. . .. .. ....... ......... ................................. Complainant ........ ...:_.... ,7 �_..__.... Address . . .. ..... yc.,t1 LL.:.................................. Tel Nature of Complaint(.u L.. ti t A.4:_.._l-.....ter. :L i.!:.4 . Locatron of Premises ( 1 ala Owner ......:- .� '7 L Address ......._.... 1�t"c•7,, Occupant ......._.._.�5..�......k.....Y....:.._. Lif .......... ........................................... Taken by.......................................... r 4f.X'................... Referred ta....................................... inspector Referred to Address Owner Initial inspection by Initial inspection report Ci✓.0 HOUSING INSPECTION REFERRAL Date of Referral 112C E Referred by 1D. CITY OF NORTHAbMPTON MASSACHUSETTS OFFICE OF THE BOARD OF HEALTH r 210 MAIN SPREET 0]060 TEL(413)584-9071 Health Agent LECT VIOLATIONS OF ARTICLE II OF T'Ftn STATE SANITARY CODE a ND4L"JM STANDARDS mss M'°dl )R HUNAN Y_4BITATION" AT SED T0: Elizabeth Rock Rd Northam ton Mass. 01060 NSPECTION REPORTS ISSUED T0: DATE May 30, 1978 Peter Kyle 53 Middle Street Northam•ton Ma. 01060 This is an important legal documapt. It may affect your rights. You may obtain a translation of this form at: odes afectar os seus lnto a urn document° legal muito importante q ue P direitos. Podem adquirir uma traduce° dente documento de: Le suivante est un important document legal. II pourrait effecter vos droits. Vous pouvez obtenir une traduction de cette forme a: Quest° e un document° legate importante. Potrebbe avere effetto sui suoi diritti. Lei pub ottenere una traduzione di questo modulo a: Este es un document° legal importante. Puede que afecte sus derechos. lid. Puede adquirir una traduction ddeste forma en: va u QVTL%O volloto EYyPGPO• MnooEL AUTO ElV0.L Ei Gtt '} r T0. j.1n OPELTE V0. FJLHatecza ETLTIPE�EL T0. VO¢LH°. O-• J ' GUTOU -sou Ey paPOU ano TO no.PETE uETac�PaoT1 ) S hi r9 i1 :%+ iT ,%._ �� ea i :fl 7 �'' ',i �L �"0�. r:�j � ^i;� 3L i�, o.� 1 ,z V .ty noard of Wealth, Northampton, Mass. V - Tel. No. 584-9071 4 2>L l if 4 4- 210 ]faun Street - the _ ,rs at vrd of °__with has inspricted e p- The Ncrtha pton S.. Northampton (assessor' s nap Sanitary Code. This for compliance with Article II of the State nis letttee - letter will certify that the inspections revealed violations, listed hich are serious enough as to materially endanger or materially impair the safety, and well-being of the occupants. Under authority of Chapter 111, Section 127L of the Mass. General Laws, isle II of the State Sanitary Code., you are hereby ordered to begin the ry repairs or contract with a third party within five (5) days of the re- A' this order and to make a good faith effort to substantially complete Lion, within fourteen (111) days of the receipt of this order, the following tion Violation ions: Remed repair ✓ Bathroom window does not fully open repair Cellar window broken Bathroom floor tile missing k buckling repair repair✓ Aitchen floor has holes make weathertight'� correct per order of Wire Inspector correct per order oft---elI Wire Inspector A Cellar window is loose . Various electrical violations �`"2'� 72t Inadequate light for bedroom closet through supply line to the burner. Please have Evidence of oil leak from tank report the findings to the Board of Health.CA E: system and rep serviceman check the sys office. If you have any questions, please feel free to call me at my Thank you, in advance, for your cooperation. rtified Mail N 234427 Very truly yours, Peter J. McErlain Health Agent t r ira the right to seek a ''modification of an order. To " di - on must file in writing a Petition . ons :.-�� - a person be filed on n a modification,Board of ,;calth. Petitions must ring before the heg-regulations below: accordance with the , eo pursuant whom any order has been served purl a- xcept for an order issued after per son or persons u?on provided, me s of Regulation code 3e 2 have been satisfied) ; ay regulation after the day the requirements ms tf be filed within 3i• -seven days petition must be filed within served ; other r was person aggrieved by the failure of any inspector (s) ;onnel of the board of health: ,n recuest any premises as recuired under this code; de, such petition must be filed within thirty days inspect code; provided, or after such in s_aection was requested; this code; an inspeccttion as required s reui by th tt days after to issue a report on must pry aided, such net ition the inspection; or - violations of this Article -where to exist or to certify that a inspection are claimed find ertifyer or mate- ) upon an ata of of the such. violation are of violations may rein mate- rially in or combination e h or safety, and well—being of must be provided, such petition rially impair the health occupants et of the py dayss; t of the inspection filed within thirty days after receipt report; or Re ulatio 33 .1; provided, as required by wegul thirty days after receipt of the inspection to issue an order must be filed + such h petition report. that or any person upon whom this order has been served perform as enumerated ,ve pbystn and any genes :had by the failure b or the- inspector a to has the right to be represented a right to appear at said hearing. Public Documents notices ation reports, orders, or investigation of the Board of All relevant information in the possession fee. � lzvant inspection be copied for a ;hhar for inspection and may;h are _ Remedies emedie s and Penalties . Report contains a brief summary of some in order to get housing Code violations the Inspection P the person Part of this order also subjects nor 1 remedies tenants may use with th X510. 00) dollars, Failure to comply of less than ten , failure to ,comply 'z toed• fine($500) not s fai- red to a criminal 00) dollars for each day' s than five hundred (S5 c this order. ---------------- DEPARTMENT ADDRESS _ TELEPHONE --- This is an important legal document. It may affect your rights. You may obtain a translation of this form at: Isto a um document° legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradugao deste document° de: Le suivante est un important document legal. II pourrait effecter vos drain. Vous pouvez obtenir une traduction de cette forme a: Questo a un document° legale importante. Potrebbe avere effetto sui suoi diritti. Lei pub ottenere una traduzione di quest° modulo a: Este es un document° legal importante. Puede que afecte sus derechos. Ud. Puede adquirir una traduccidn de este forma en: AUTO ECVaL Eva OTIR0.Vt LHO VOLLLHO EYYP0.N0• ISTLOOEL Va EnnpEaCEL 'Ea vOlsoca Gag iD LH6L1ill10.Ta. MTCOPELTE va r EYYPa1DOU 7 1 TO. actPEtE ua Taispara I =TOU -CCU yy iVl J- a- ,, yM, 3t: i� ii , 1 g1 (it.] 'A- S 12- (V1 <ri; ; iVVRITE IN BOARD OF HEALTH ADDRESS AND TELEPHONE NUMBER ABOVE( ARTICLE 11 -SANITARY CODE 3 ____NO.OCCUPANTS.(DRESS:_ APT. NO.: d. � FLOOR: _a-- L_ --_-NO. ROOMING UNITS: ____ I. DWELLING UNITS: -- _-- Q - _-_-BASEMENT: _ - ). STORIES. ____� DETALHED:_ __�- // FRAME: BRICK SEMIDETACHED:_ _ /PE STRUCTURE: ---- NO. OF SLEEPING ROOMS: W D. OF HABITABLE ROOMS: - -j/ ----------------------- ----_ WNER: __--�f�""''AQ-wy._- ,DDRESS: ___ ION 8(a) 8lbl 3(c) 9.2) 9 2 3.1A 3.6 3.6 i.1 B X=VIOLATION YES NO I BATHROOM - -- Are the facilities in a clean,smooth, impervious and sanitary condition? Is cold water for facilities available (with sufficient quantity)? ..ater for facilities available 1120 F - 140 F) ? Are tne facilities properly connected to drain line? Is there at least one light fixture in goad repair? Is there an electrical outlet in good repair at washbn '+ � wind Are the doors in goad repair and lit for the use intended? ' gig re'Are the floors in good repair and fit for the use intende ? ?� �� Mciligrat trial!" Is hot d Are the wails in good repair and tit for the use intended? Are the exterior openings properly screened? LATION KITCHEN Is the room suitable? Is sink available and of sufficient size and capacity? &9.2) ( Is cold water for the sink available (with sufficient quantity and pressure)? 1 &9.21 Is hot water for sink available (120 F - 140 F)? 3 2 Is sink properly connected to drain lines? Is there a working stove and oven? �� e Is the stave and oven properly connected and vented Is there one light fixture in good repair? Are there two electrical outlets in good repair? equal to at leaf 10°6 of tRe floor area Are the windows lif kitchen exceeds 70 sq. _ Are the windows in good repair,weathertight and fh for the use intended? Are e Are the doors in good repair and fit far the use intended? fit for the use intended? II. I Are th= II 1 13.1 A 6 (c) A.8.16(a) l(al 9.3(b) Are the ceilings in good repair and good repair and I or the use intended? oars Is the floor impervious and easily cleanable? Is there adequate space and facilities for instating of Refrigerator? Is there sufficient ventilation? Are all owner los s properly installed? Virg' t led a•s Are all occupant installed appliances properly installed? 1 S. X•VIOLAInays YES NO 1N I LIVING ROOM -- ical outlets in good repa r? NMI PION Biel Are Is there one outlet and one light fixture In good repair? Is there proper ventilation Are the windows in good repair, weathertight and fit for the use intended? Are the walls in good repair and fit for the use intended? Are the ceilings in good repair and fit for the use intended? Are the floors in good renal r and fit for the use intended? Are all exterior openings screened? SLEEPING ROOM # 1 (Identify) Is there sufficient natural light? good repair? Are there two separate electrical outlets in g Is there one outlet and one light fixture in good repair? Is there proper ventilation? - �i Are the windows in good repair, weathertigh^. and fit for the use intended Are the walls in good repair and fit for the use intended? Are the ceilings in good repair and fit for the use intended? Are the floors in good repair and fit for the use intended? Are all exterior openings screened? Is there adequate space for the number of occupants? here two separate electr ISM .ATION SLEEPING ROOM af42 (Identify) Is there sufficient natural light? good repai Are there two separate electrical outlets in g I is there one outlet and one lignt fixture in g ood repair 8.1801 Is there proper ventilation? Are the windows in good repair, eathertight and fit for the use intended Are the walls in good repair and it for the use intended? Are the ceilings in good repair and it for the use intended? Are the floors in good repair and fit for the use intended? Are all exterior openings screened? Is there adequate space for the number of occupants? 3ULATION 3.1 3 1 4.5 1 SLEEPING ROOM *3 (Identify) Is there sufficient natural light? repair? Are there two separate electrical outlets in good repair? Is there one outlet and one light fixture in 9 Is there proper ventilation? Are the windows in good repair,weathertight and fit for the use intended Are the all in good repair and fit for the use intended? Are the ceilings in good repair and fit for the use intended? Are the floors in good repair and fit for the use intended? Are all exterior openings screened? Is there adequate space for the number of occupants? NMI NS COMMON AREA AND EXITS Are interior common areas properly illuminated at all times Are there operational and sufficient and properly located light switches and fixtures? Are the windows in good repair,weathertight and fit for the use intended? Are the doors in good repair, weathertight and fit for the use intended. X s VIOLATIONS YES iI NO Are the ceilings in good repair and fit for the use intended? Are the walls in good repair and fit for the use intended? Are the floors in good repair and fit for the use intended? Are the stairways in good repair and fit for the use intended? Are handrails in good repair and fit for the use intended? Are all required balusters or other devices In place Is every entry door of a dwelling unit fitted with a proper lock? Does the main entry door of a dwelling close and lock automatically? Is the building properly posted with the name of owner? I Are the common bathroom facilities n? exits? 0 2 Are there sufficient and properly maintained ATIONS EXTERIOR Is the fththS Are light fixtures and switches properly located? == -- uctur ood repair? 13 Are the str al elements m good & 13.5 Are all required hand railings and balusters in place and in good repair? Are there walls or protective railings as required? Is the storage of rubbish and garbage proper (occupants)? Are there sufficient and properly located receptacles? ' Are the private passageways or rignts of way clean and sanitary. Are the gutters and down spouts in good repair and for the use intended? MS NS 14.3 nION X.VIOLATIONS YES NO GENERAL d i Is heat being supplied at proper terperatures 68 F 72 F)? Are all required facilities properly installed and vented? Mal All space heaters in use meet the proper requirements? • JI_R = Is the electri cal•sery ic safee�and adequate? --�� Is the dwelling unit maintained in a clean and sanitary condition by the occupants? ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH MAY IALLV IMPAIR? ATION 29.2 OF TOHE�CODEOR THE AUTHOR ZE OCCUPANT AS HEALTH D NSPECTOR. ✓ 1 1EXT SCHEDULED REINSPECTION IS: TITLE TIME DATE A.M. P.M. A.M. P.M. T ---- IME .OWING T HOUSING IS A BRIEF CODE MMARY OFS SOME OFT THE LEGAL REMEDIES TENANTS MAY USE IN I Withholding (General Laws Chapter 239 Section 8A) 'e Violations Are Not Being Corrected you may be entitled to hold back your rent payments.You can do it being evicted if: 'au can prove that your dwelling unit or common areas your violations which hic about s rio vsi enough o endanger or materially impair your health or safety and iefore you were behind in your rent. fou did not cause the violations and they can be repaired while you continue to live in the building. You are prepared to pay any portion of the rent into court if a judge orders you to pay it. (For this it is best to put the renrmoney aside in a safe place.) pair and Deduct (General Laws Chapter 111 Section 127L). law sometimes allows you to use your rent money to make the repairs yourself. If your local code rent agency certifies that there are code violations which endanger oromateri be impair your uthehealth, ramedY N reing and your landlord has received written notice of the violations,Y re airs (or to enter into a written contract to have them made)within five edays ti f• ails to begin necessary P you can use up to four months' rent in any Y tice or to completerepairs within 14 days after notice y e repairs. letalia[ory Rent Increases or Evictions Prohibited (General Laws Chapter 186,Section 18 and Chapter 239 action 2A). e owner may not increase your rent or evict you in retaliation for making a complaint to your local code intent agency about code violations. If the owner raises your rent or tries to evict within six months after or ye made the :ad to your complaint. Youemay she be able to sue show a for damages damages the increase or she tries this eviction which is Rent Receivership (General Laws Chapter 1111 Sections 1270-H). he occupants and/or the board of health may petition the District or Superior Court spend llo mrent to the paid oust rather than to the owner. The court may then appoint a "receiver"who may P as is needed to correct the violation. The receiver is not subject to a spending limitation of four months' Breach of Warranty of Habitability. fou may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does nest minimum standards of habitability. Unfair and Deceptive Practices (General Laws Chapter 93A). regulations for Renting an apartment with code violations is a violation of the consumer protection act and :h you may sue an owner. TO fHHOLDMYOURN RENTEORETAKE ANY OTHER SUMMARY EGALACTION THE LAW, IS ADVISABLE U DECIDE OU NSULT THE ATTORNEY. E LEGAL SERVICES C CANNOT AFFORD RD TOI CONSULT AN ATTORNEY, YOU SHOULD EY. IF (NAME) (ADDRESS) (TELEPHONE NUMBER) Street May 30, 1978 Joan 3kibi s}:i to. King Street Northampton, Ma. "1106(1 rear rm. Skibiski. ��? as req.-ested by the Board of Ee 1`h do do ? 1, of .o i property 53 � do a^ electrical.c 1 rspec ,ior ifou Street, Ivio aio It was ss h Cetus ;ectri- ? gonna earioas violations cf the < . the folic- - l Code 'T^.L These '«iclations consisted Covers ac missing on poxes si / cJ 7//8" iashing a )0 cores ':[ire sp'-icea s='i cn no boxes �.e- ry. ?aL cord feeding light in closet V' As these violations are of a serious nature, the noes repair? should be made at once. Very tr'.`.ia yours, a Raymond N. Patenaude INSPECTOR. OF ':'rte` F/lw ee: Board of Health September 19, 1978 r. John Skibimki Lisabeth Rock orthaapton, Mass. 01060 ear Mr. Skibiski, This is to I Violation dated May all the violations listed Article you ;3 Middle Street have been corrected. With the violations corrected, the dwelling at this time, meets ill the standards as listed in Article II of the State Sanitary Cods. Thank you for your co-operation. Very truly yours, Richard J. Pimconhar Housing Inspector Mr.James Sobon O'Connell Oil Associates. Inc. Notice of Responsibility RTN 1-16106 Page 2 The Department encourages PRPs to take prompt and appropriate actions in response to releases and threats of release of oil and/or hazardous materials. By taking the necessary response actions,you may significantly lower your assessment and cleanup costs and/or avoid liability for costs incurred by the Department in taking such actions. You may also avoid or reduce certain permit or annual compliance fees payable under 310 CMR 4.00. Please refer to M.G.L. c. 2IE for a complete description of potentiz liability. For your convenience, a summary of liability under M.G.L. c. 2IE is attached. You should be aware that you may have claims against third parties for damages, including claims for contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are governed by laws which establish the time allowed for bringing litigation. The Department encourages you to take any actions necessary to protect any such claims you may have against third parties. At the time of oral notification to the Department and subsequent field inspection by Department personnel,the Department approved the following response actions as Immediate Response Actions (IRA): deployment of absorbents; excavation of up to 50 cubic yards of contaminated soil; and, completion of assessment activities. Specific approval is required from the Department for the implementation of an IRA with the exception assessment activities,the construction of a fence and/or posting of signs. Additional submittals are necessary with regard to this notification including, but not limited to,the filing of an IRA Completion Statement and/or Response Action Outcome (RAO)statement. The MCP requires that a fee of$1,200.0 be submitted to the Department when an RAO Statement is filed greater than 120 days from the date of initial notification. It is important to note that you must dispose of any Remediation Waste generated at the subject location in accordance with 310 CMR 40.0030 including,without limitation,contaminated soil and/or debris. Any Bill of Lading accompanying such waste must bear the seal and signature of a Licensed Site Professional (LSP). You may contact the LSP Board of Registration at 617/556-1091 to obtain the current LSP list. The Department has listed Richard Cushing of Cushing, Jammallo &Wheeler as the LSP for this release. Unless otherwise provided by the Department, responsible parties have one year from the initial date notice of a release or threat of release is provided to the Department pursuant to 310 CMR 40.0300 or from the date the Department issues a Notice of Responsibility, whichever occurs earlier,to file with the Department one of the following submittals: (1)a completed Tier Classification Submittal; or(2)a RAO Statement; or(3) a Downgradient Property Status Submittal. The one-year anniversary date for this release is March 9, 2007. EY LEY overnor COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION WESTERN REGIONAL OFFICE 436 Dwight Street•Springfield,Massachusetts 01103• (413)784-1100•FAX(413)784-1149 STEPHEN R.PRITCHARD Secretary March 14, 2006 iTIFIED MAIL GENT LEGAL MA I 1 ER: PROMPT ACTION NECESSARY James Sobon Donnell Oil Associates,Inc. Texas Road rthampton,MA 01060 ROBERT W.GOLLEDGE,Jr. Commissioner Re: Northampton(Florence) 49 Middle Street Release Tracking# 1-16106 RELEASE NOTIFICATION and NOTICE OF RESPONSIBILITY; M.G.L.c.21E and 310 CMR 40.0000 ;ar Mr. Sobon: March 9, 2006, at 2:10 P.M.you notified the Department of Environmental Protection(the partment) of a release of#2 fuel oil at the subject location (the site). As reported,O'Connell Oil ;sociates,Inc. accidentally delivered oil to the incorrect residence and oil was piped into fill pipes that nptied onto the basement floor, resulting in a release of approximately 100 gallons of #2 fuel oil to the lrtially paved basement floor. This constitutes a reportable release as listed in the Massachusetts ontingency Plan,310 CMR 40.0000(the "MCP"). In addition to oral icati to the CMR 40.0333hln cation,310 tither requires that a completed Release Notification Form(RNF)be calendar da s of the date of the oral notification. he Department has reason to believe that the release that was reported is or may be a disposal site as efined in the MCP. The Department also has reason to believe that you (as used in this letter"you" afers to O'Connell Oil Associates,Inc.)are a potentially responsible party(PRP)with liability under ection 5(a) of M.G.L. c. 21E. This liability is"strict",meaning that it is not based on fault,but solely on our status as owner, operator, generator,transporter,disposer or other person specified in said Section (a). This liability is also "joint and several",meaning that you are liable for all response costs incurred t a disposal site even if there are other liable parties. Please be advised that the Department has also dentified the homeowner,Ms. Jessica Tropp as a PRP for this site. This information is available in alternate format.Call Donald M.Comes,ADA Coordinator at 617-556-1057.TDD Service-1-800-39 -2207. MassDEP on the World Wide Web: http:llwww.state.ma.usldep 0 Printed on Recycled Paper ames Sobon nnell Oil Associates. Inc. e of Responsibility I-16106 3 m have any questions relative to this notice,you should contact Anthony Kurpaska at the above :rhead address or by telephone at 413-755-2236. All future communications regarding this release t reference the Release Tracking Number(RTN)contained in the subject block of this letter. A. Slowic Section Chef Emergency Response S:AFK:afk 6106nor -titled Mail k 7004 0550 0000 4693 7624 Northampton Board of Health Mayor's Office Fire Department Matthew Murphy, Western Mass Environmental Richard Cushing,Cushing,Jammallo &Wheeler,LSP of Record Jessica Tropp, 49 Middle St.,Florence,MA tachments to addressee only: Release Notification Form; BWSC-003 and Instructions Summary of Liability under M.G.L. c. 21E