25C-007 (19) ".AL.aLJLLJLW vtiLZ j ,1, 1
;raudr ;bnw 1 Founded September 6, 1786
-aEaa aurES ay; a 0 Published Every Day Except Sundays and Holidays B
-,1 ao,(yen auo �UU ; H.S.Gere&Sons,Inc. 115 Conz St.,Northampton, y y
-EUIJO)SUEai Sit UE � "feel p ,MA 01060
-xugq of uolinat1su a of Co-publishers:Charles W.DeRose and Peter L.DeRose
igaol `dauotu `sgot Editor:James Foudy
Pug `spueq s,a�Ejl emp Circulation Director: Dennis Skoglund
2urllnd dq paaaallo them
-odaoa aqy s�alau� b111 Advertising and Marketing Director:John Ebbets
saailueq s2urAgs f4l, secs Classified Advertising Manager: David Sikop
aoutelaux a5ellaaf,
aigaodaoa ;o autgg she q
sllasng3ussuW uaal bill
Getting aragi :loEq uvA of as Gc tot
�Upogg2jau 9M 10 1
aq ug� 91U'03
lo: Certain rules and regulations are refused to let Patillo in to look at
gagy a g�anlrq gagi ! necessary if we're g
suazrila �llD Iealua, th rY going to live the work, and he had to get a
.�lggao together in peace, safety and rela- search warrant from District Court.
OP pug uga saagio i si tive harmony. The owners of the property ex-
s;lulul autos •aaaq 3; s� For instance, we expect pressed outrage at the inspection,
110 aSOui se apggs ' III our the buildings we live, but in fact they are the ones who
sausnq iadiunl ay Opinion work and do business in were wrong,for not getting permits
Pug 'pU1912U3 Mau! t to be sturdy, heated and for the work in the first place, to
-lsag eqi sg p102 a well-lit, with adequate sanitary facil- protect the safety of their tenants
uani saegal ,suadsu ities. Whole sets of state and local and the integrity of their building.
punoag Ilgl Alaga building codes have been developed Patillo has notified them of the to ensure that's the case. need and is now scheduling ap-
lgarlllod lnlssaaons Anyone wanting to construct a pointments for them.
saoAnapua lguo!Wnp new building or renovate an old one The usefulness of some other
isulg5`d agtua gagsst first has to get permits to do so. rules, on the other hand, isn't so t
aql ;o saaqurauz aagi This lets the local building ins ec- apparent. i
1iugarquig0 Aligd `lI g A
ugur A�gals g sg alla for know work is being done that On Sept. 3 Northampton police I
An las igg1 uumloa X11 need periodic inspection for shut down fortune-telling at Gypsy
Pa ,,!saniunLuuio0 compliance with the code. Inspec- Heart on Main Street because
vuaa legs suds q11. tors have to approve the work neither the store's owner nor the
�-odoad 2u11q1U1g2 Bull before the building is certified for man reading arot cards for clients a
Aab pug amoao s occupancy. g a
igalit[od uoiduwgiaoT had a fortune-telling license re-
The g sg `os '91i The permit also signals local quired by state law. The license I
gurgi�faa ge� lrnment that a property is costs only $2 in Northampton, but
u1 lioa salugdwoa ouI$ getting improvements that may in- the state requires a year's resi-
crease its value as real estate. 'dence in a community before get- li
Since local property taxes are ting a, license there. The Gypsy f
1 based on ,value, this ensures that Heart people didn't qualify. s
7 . everyone continues to be treated
equally by the assessors. The residency requirement is 1
unreasonable in an age when peo- a
Last week Northampton's acting ple move frequently or may live in t
building commissioner, Anthony Pa- one community while operating a fr
tillo, ordered a stop to renovations business in another. And what
being done at a North Street two- harm are we preventing by requir-
family house because no permits ing a license for reading cards and
had been issued for the work This tea leaves, when people who call
meant none of the structural
changes, wiring or plumbing done themselves counselors aren't regulated se or therapists all?
so far had been inspected. Occu- This is one state law that should
pants of the house had even be eliminated.
V
Letters p
Remembers, woman feel compelled to write in response to
s, the article on Aug. 29 regarding the
who
z"n .
,M, ,
Ulu UV a4 V Gu vy 1111111.1118 Lne apl/AG 41.Ul1u611 as 1,141 4 w tav%;
working to Jsave the program number of non-conference lege's lecture series dealing f
right after high school principal games,especially away games,in race and the upcoming election ,
Jeffrey Sealander recommended other sports, and by making Seated on stage with
to the school council last May 29 small across-the-board cuts. president Ruth Simmons,th
that the $8,500 that needed to be With $5,000 from the School discussed their feelings on ' c
trimmed from the athletics bud- Department, that would leave siveness, activism and the n
get come from hockey, the $3,500 for the association to raise hope for a better world.
school's most expensive sport to to supplement the hockey pro- The pair recently collabora
operate. gram's budget for this year. a book titled "The Future of
In recent meetings with associ Approximately $1,500 has al Race."
ation members, Sealander has
agreed that $2,000 could be cut Please see Reprieve,Page 62 Please see Racism, Pagg t
to. save the ives o a yes
a Sunday run. morning endorsed the idea of a On Sunday, 600 to 700
Others still dis- road race to fight SIDS. will race five miles from
tinctly recall Conrad And that's how the SIDS Race Sports Bar & Grill in the
k5 Iuliano, a program for Life — celebrating its fifth End to O'Brien's Corner in
}4...; director for the De- birthday Sunday —came to be, a Springfield starting at 11 am.,
f: partment of Youth fund-raiser to support family this event is as successf '
Services in West- services and research projects of years past, then $5,000 will'
field, sitting on the the Massachusetts SIDS Alliance. raised — $25,000 in five years
A bunch of friends, a bunch of fa- to help battle a syndrome th t
floor of the store, defined as the sudden death of
stretching. The con- thers, sitting around looking fora infant younger than 1 y '
versation was about g�deed to do. To help a friend.
Shea a possible charity Maybe, somewhere down the that remains u eof lai co
road race and the road, save a baby's life with the autopsy,examination of the
question was which money raised.
9 In 1984 Barr Meta er and his scene and review of clinical
charity to support? y y
" wife Anne had founded a SIDS ry.
What about Barry?What about Golf Tournament to help raise Despite years of research,.
SIIIS?"Conrad Iuliano asked. p to tors have been unable to id "
Barry Metayer was everyone's money for research into the mys- or treat at-risk infants. .
friend.Nine years earlier,his first terious condition that kills 7,000 they're working on it a le '
child, Bar Jr., died nine days babies a year,more than all other and expensive process.One fu
Barry y childhood diseases combined. by hope, and by nice people
after his birth,from Sudden Infant "We thought since Barry had bunch of friends a bunch a
Death Syndrome— crib death.
yam' " " the golf tournament, we'd have thers,who sat around looking
Another thing about the story the race and we'd make a week- good deed to do, and fwho g,
that is a definite—that everyone end of it,"Jim Garvey said. their feet and did something ,
in that package store that Sunday And they have. it.
-- e dric: Officials to inspect home
Continued from Page 111 '
f'�lt under attack," wrote a ten- ,
who is disabled. Another said
I 6'was manhandled and forced to -
kh6w his ID.
Patillo said he saw no such
6Ugh action.
i�
gapt. Michael Wall said yes- f;
t6fpay he has talked to the offi-
and is satisfied proper proce-
T
cg es were used.
c .;
vall said officers concerned r
r their safety often conduct
104t searches" of occupants in a
�0#ding being searched and ask
r.,identification. "I think it's im-
1 ttant to determine who is
ere,"he said.
Wall also said he would follow ,t
up any complaints that were
filed. ti
Underdown and Paulinski also -
5
id Patillo he never gave them
ny notice of code violation or „ r
ime to fix the problems "before
ou proceeded to violence and
arassment,"the letter said.
Patillo said it's the property `
^•pY..
*hers who,by authorizing unin-
pected electrical work, "are the
no putting the tenants at risk.
et I'm the one who is being
ailed a fascist. That bothers
f t " On his first inspection last Staff photo by BOB STERN
nesday, Patillo said, he saw The house at 142 North St. in Northampton where officials will
li is and building materials inspect electrical work today.
oughout the interior, along
plywpod, sheet rock and ex- issued,Patillo issued a stop-work after being denied entrance by a
electrical wiring. After de- order and got a search warrant tenant.
ining no permits had been
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NORTHAMPTON CODE - INSPECTIONS/BUILDING REGULATIONS
(6) New accessory structures one hundred twenty (120) square
feet and over:
Ten cents ($. 10) per square foot with a minimum fee
of twenty dollars ($20. 00) .
(7) New accessory structures under one hundred twenty (120)
square feet; signs and awnings:
Twenty dollars ($20. 00) per inspection.
(8) Temporary signs advocating a candidacy or cause;
temporary signs offering for sale or lease the premises
on which they are located; temporary signs of an
architect, engineer, or contractor erected during the
period that such person is performing work on the
premises on which the signs are located:
No fee.
(9) City buildings; new construction, renovations,
alterations, demolition, or interior remodeling:
No fee. ( Permits are required. )-
(10) Zoning permits when not attached to a building permit
application:
Five Dollars ($5. 00)
(11) Any other permit or service, including, but not limited
to, posting of stop work orders, posting of condemnation
orders, removals of such orders, reinspections not
otherwise included in fees:
Twenty Dollars ($20. 00) for residential structures
Forty Dollars ($40. 00) for commercial structures
Section 7-21. Building Permit Required Prior to Issuance of Other
Permits.
If, under the State Building Code or any other statute,
regulation, or ordinance, a project requires a building permit, no
electrical or plumbing permit shall be issued by the Inspection
Department for any work associated with said project until such
building permit has been issued. (Ord. of 7-21-94)
Section 7-22 . Work Commenced Prior to Issuance of Permit.
If any work requiring a building permit is commenced before
the building permit has been issued by the Building Commissioner,
the owner or contractor responsible shall immediately obtain a
building permit upon being ordered to do so by the Building
Commissioner or any other member of the Inspection Department of
the City of Northampton. The fee for any permit obtained after the
230
NORTHAMPTON CODE - INSPECTIONS/BUILDING REGULATIONS
ARTICLE II. BUILDING PERMITS
Section 7-20. Building Permits: Fees, Applications, Payment.
a. Applications for Building Permits shall be made on forms
approved by the Building Commissioner and filed with the
Inspection Department. Applications shall be completed in
accordance with procedures established by the Building
Commissioner. All building permit fees shall be paid by check
payable to the City of Northampton at the time of the filing
of the application. (Ord. of 7-21-94)
b. The fees for each building permit for new construction,
alterations and demolition within the City shall be as
follows: (Ord. of 7-21-94)
(1) New construction, alterations and amendments, use groups
A, B, F, H, I , M, R1, S and T:
Forty cents ($. 40) per square foot for the first
floor, twenty cents ($. 20) per square foot for the
second and higher floors, including half floors.
The minimum fee shall be twenty dollars ($20. 00) .
The maximum fee for residential construction shall
be Five Thousand Dollars ($ 5, 000. 00) . There shall
be no maximum fee for commercial construction.
(2) Demolition of an accessory building:
Ten dollars ($10. 00) .
(3) Demolition of a principal building:
Thirty five dollars ($35. 00) .
(4) New construction, use group R, exclusive of Rl:
Forty cents ($0.40) per square foot for the first
floor, twenty cents ($0. 20) per square foot for the
second floor, and ten cents ($0. 10) per square foot
for half floors.
(5) Interior structural alterations in all use groups:
Four dollars ($4 . 00) per thousand dollars of
estimated cost or fraction thereof, with a minimum
fee of forty dollars ($40. 00) . The maximum fee for
residential alterations shall be Five Thousand
Dollars ($5, 000. 00) per structure. There shall be
no maximum fee for commercial construction.
229
AIR
NORTHAMPTON CODE - INSPECTIONS/BUILDING REGULATIONS
Section 7-11. Sealer of Weights and Measures: Appointment,
Duties.
The Mayor shall, subject to confirmation by the City Council,
annually in the month of January, appoint a Sealer of Weights and
Measures. The Mayor may also appoint a Deputy Sealer of Weights
and Measures if the position is deemed necessary and funding is
available. The Building Commissioner or Assistant Building
Commissioner may hold the position of Sealer or Deputy Sealer of
Weights and Measures. The Sealer of Weights and Measures shall be
responsible for enforcing laws, ordinances, and regulations
relating to the accuracy of weighing and measuring devices and the
weight, measure and count of commodities offered for public sale,
and in sealing or condemning devices tested and such other duties
as may be required by the Massachusetts General Laws or any state
regulations. The Deputy Sealer of Weights and Measures shall have
the same duties and authority as the Sealer.,, (Ord. of 7-21-94)
Section 7-12 . Sealer of Weights and Measures: Annual report,
Fees.
The Sealer of Weights and Measures shall, at the end of each
fiscal year, file a complete report of the business of his office
for the prior year, including revenue generated thereby, with the
Building Commissioner. Fees for services rendered by the Sealer or
Deputy Sealer shall be as adopted by the Western Massachusetts
Weights and Measures Association. (Ord. of 7-21-94)
Section 7-13. Annual Report of Building Commissioner.
At the end of each fiscal year, the Building Commissioner
shall file with the Mayor a report which shall list the number of
building permits, plumbing permits, and electrical permits issued
and the activities of the Sealer of Weights and Measures during
the preceding fiscal year and the revenue generated thereby. The
Building Commissioner shall also include any other information
which may be requested by the Mayor or City Council. (Ord. of 7-21-
94)
Section 7-14 . Duties of Building Commissioner Related to City
Property.
The Building Commissioner shall verify that all work on a
project involving a City building related to the Building,
Electrical, and Plumbing Codes was carried out in accordance with
said codes and the contract, plans, and specifications for that
specific project. (Ord. of 7-21-94)
Sections 7-15---7-19. Reserved.
228
NORTHAMPTON CODE - INSPECTIONS/BUILDING REGULATIONS
Section 7-7 . Inspector of Wires: Appointment, Term,
Qualifications.
The Inspector of Wires shall be appointed by the Mayor in the
month of January, subject to confirmation by the City Council. The
Inspector of Wires shall hold office for a period of two (2) years
from the first Monday in February then ensuing and until his/her
successor is appointed and qualified. The Inspector of Wires shall
be a licensed electrician and the holder of a Certificate B issued
under M.G.L. Chapter 141. (Ord. of 7-21-94)
Section 7-8. Inspector of Wires: Duties
The Inspector of Wires shall work under the supervision of the
Building Commissioner. The Inspector of Wires shall perform all
duties required by M.G.L. Chapter 166, Sections 32-34 , or by any
other state or federal statute, state or federal regulation, or
City ordinance. He/she shall maintain records of electrical permit
applications received, permits and certificates issued, and fees
collected, and keep inspection reports, notices and orders issued.
He/she shall annually file a report with the Building Commissioner
listing the number of permits issued, revenue generated, and any
other information that the Building Commissioner may require. (Ord.
of 7-21-94)
Section 7-9. Inspector of Plumbing; Appointment, Qualifications.
The Building Commissioner shall appoint an Inspector of
Plumbing. The Inspector of Plumbing shall inspect all plumbing in
process of construction, alteration or repair for which permits are
granted and shall report to the Building Commissioner violations of
any law, ordinance, rule, or regulation relative to plumbing. The
Inspector of Plumbing shall perform such other duties as may be
required by state or federal statute or regulation, city ordinance,
or regulation of the Inspection Department. The Inspector of
Plumbing shall have practical experience as a master or journeyman
plumber for the five (5) years immediately preceding his/her
appointment. (Ord. of 7-21-94)
Section 7-10. Inspector of Plumbing to act as Inspector of Gas
Piping and Gas Appliances.
The Inspector of Plumbing shall also perform the duties of an
Inspector of Gas Piping and Gas Appliances in buildings as provided
in M.G.L. Chapter 143 , Section 3 (0) and any amendments thereto or
regulations issued in connection therewith. (Ord. of 7-21-94)
227
NORTHAMPTON CODE - INSPECTIONS/BUILDING REGULATIONS
for any reason prior to the expiration of the probationary period.
After completion of the probationary period, the Building
Commissioner may be removed by the Mayor, with the consent of the
City Council, for cause. (Ord. of 7-21-94)
Section 7-4. Assistant Building Commissioner: Appointment.
There shall be in the Inspection Department an Assistant
Building Commissioner, appointed by the Building Commissioner, who
shall have all the powers of a local inspector under M.G.L. Chapter
143 , Section 3 , and all applicable state and federal regulations,
and, in the absence of the Building Commissioner, shall exercise
all the powers of that position. If the position of Assistant
Building Commissioner is vacant or the Assistant Building
Commissioner is temporarily unavailable, the Building Commissioner
may designate an employee of the Inspection Department to act in
that capacity and exercise all the powers of the Building
Commissioner during the temporary absence or disability of the
Building Commissioner. (Ord. of 7-21-94)
Section 7-5. Qualifications of the Building Commissioner,
Assistant Building Commissioner, and Local
Inspector.
The Building Commissioner shall have such qualifications as
are set out for the position of Building Commissioner or Inspector
of Buildings under M.G.L. Chapter 143 , Section 3 , and any
amendments thereto or any regulations issued in connection
therewith. The Assistant Building Commissioner and any Local
Inspector shall have such qualifications as are set out for the
position of local inspector under M.G.L. Chapter 143 , Section 3 ,
and any amendments thereto or any regulations issued in connection
therewith. (Ord. of 7-21-94)
Section 7-6. Inspection Department Personnel.
The Building Commissioner shall, if authorized by the Mayor
and if funding is available for a position, appoint such number of
officers, technical assistants, local inspectors and clerical
employees as shall be necessary to carry out the duties of the
Inspection Department, unless state statute mandates a different
appointing authority for a position. If any employee of the
Inspection Department has an appointing authority other than the
Building Commissioner, said appointing authority shall consult with
the Building Commissioner prior to making any such appointment.
(Ord. of 7-21-94)
226
CHAPTER 7
INSPECTION DEPARTMENT AND BUILDING REGULATIONS
Art. I Inspection Department: Secs. 7-1---7-19
Art. II Building Permits: Secs 7-20---7-29
Art. III Electrical Permits: Secs. 7-30---7-39
Art. IV Plumbing Permits: Secs. 7-40---7-43
ARTICLE I. INSPECTION DEPARTMENT
Section 7-1. Inspection Department: Establishment, Composition.
There is hereby established in the City of Northampton an
Inspection Department. The Building Commissioner shall be in
charge of the Inspection Department and shall exercise
administrative and supervisory authority over said Department and
all personnel therein. In addition to the Building Commissioner,
the Inspection Department shall include the Assistant Building
Commissioner, the Plumbing and Gas Inspector, the Inspector of
Wires, the Sealer of Weights and Measures and such local
inspectors, assistants, and clerical staff as are required. (Ord.
of 7-21-94)
Section 7-2 . Inspection Department: Duties and Responsibilities.
The Inspection Department shall be responsible for
administering and enforcing the Building Code, the Plumbing Code,
the Electrical Code, all duties of the Sealer of Weights and
Measures under M.G.L. Chapter 98, all related regulations of the
Commonwealth of Massachusetts, all related ordinances of the City
of Northampton, and shall perform any other duties which it may be
assigned by state or federal statute, state or federal regulation,
or City ordinance. (Ord. of 7-21-94)
Section 7-3. Building Commissioner: Appointment, Term.
The Building Commissioner shall be appointed by the Mayor in
the month of January, subject to confirmation by the City Council.
The Building Commissioner shall hold office for the term of three
(3) years from the first Monday of February next ensuing and until
his/her successor is appointed and qualified. The Building
Commissioner shall serve a six (6) month probationary period,
commencing at the beginning of his/her term. The performance of
the Building Commissioner shall be reviewed by the Mayor or his/her
designee prior to the expiration of said probationary period. The
mayor may remove the Building Commissioner from his/her position
225
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BOARD OF FIRE PREVEt.T101( ZcvUV'.tlGl(5 i21 CW1 1' )/90 at,n�l
APPLICATION FOR PERMIT TO PERFORM ELECTRICAL WORK
AJI "A to bt In cc.,0-1 t-t.—(h."( EJc CU1",*G" "' C
(PLE S1✓ PRY1iT IN' nM OF, Ln- �L L2ti 0 �[I0t1) Date
City Or Tow-a of �- To the Tnspcc or of Wiresi
Ths undtrsi=ntd applies for a perntc co }xrioru tnc electrical work ocscribcd bclov•
Loc-ation (Street 6 Ht=btr)
i
OtiTltr Or Xtnant �
Ovncr's Address , 0, So O
Is this penait in con} etion with a building Remit: Yes ❑ No (Check Appropriate Box)
Purpose Of buildint Utility Autborization 80.
Existin= Sarviee WD �.MP3 iV / 7110 voles overhead ❑ Undgrd ❑ Ito. of tittsrt
Kt S^_rrica flops / vo:cs C crbcad ❑ undgrd ❑ No. of Y.cters
Nvnbcr of Ftcders and "act y
Location and Na urt oA Proposed E eccrical Work
No, of Lighting Outlets T al
C B 110. of hoc Tubs ilo. of Tra'nsformert R•yA
No. of LS hrin g Fxures Swissi g Pool Above in-.❑ . ❑ Generators Y.VA
140. of Receptacle Ovtlecs No. of Oil burners INo. of £mergeneyLightinz
Baccc Units
No. of SwiEch Outlets Ilo. of Gas Burners FIRE ALARMS No, of Unss
Ito. of Ran e s Iocal No, of Detection and
C No. of Air Conc. cons Initiating Devices
No. of Disposals Iloo. of !cat Ioca` Total
Fvos U
,nn., o, of Sounding Davicai
No. of Dishwashers Space/Area ireac:n; l,W No. of Self Contained
Detection/Sounding Devices
No, of Dryers lleocing C-Qv,ces 111 Local ❑ Connection[]Connection.
{ ISO, of �•o. o:
No, of W.)Cer Heaters I:a I Lov Voltage
Fo, Hydro V.3scagc Tubs
i
OT1GP.: -
1NSURA1:Cr COVFRACT_: Fvrsuant .0 ,nu r,su.rcr_ncs u: t'-, ,acnuscccs (-cncral Laws
1 have a current Q bill Insurance Tolle)' ln_luiirc %,ocnleced Uperacions Coverage or its subGCanclal
agvivalcnt. C" S z t.0 I have suo tccco cello Crooi of :arc to this of'lcc. YES t�0 (�
If you have chocked 1TS, please mutt. to enc of coverage by checking the appropriate Lox.
INSUp.I..NCE P PO:,D a QrrCT ❑ (vlcar.c `_�cc:: i
1 DO �? piration etc)
£ttLcatcd Yalua of Electrical 1.'urV. S 1'l
Wort: to Scarf S 30 n5lcccson f„cc c.ccC: Kowa Final
lgncd u.:'Jcr th,: �cnalcics of
FIP:S iiA,"c LIC. NO.
Licensee sa( /W (�0 J/� �naturc , ` '� LIC. NO. �J s
Address Bus. Tel. No, 3 ?-
Alt. Tel. No.
N'1
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'S IItSURlUtCE WAIVER: I the Llcenscc Dees not have cho insurance eoverapt or Ci iu
ctantlal equivalent as required by ties-achu:etts Ccneral Lays, and that toy tlgnatvra on this pzt-uLC
applleatton vsivos this rsqulrcnent. Omer AEcnc (?least chock one)
O �Z7
7e 1 c phone Ito.
S1�rtaCUrc o! O,.rcr or AEcnc
Wednesday, April 24, 1996
Pete Wagner
P.O. Box 1344
Amherst, MA 01004
RE: 142 North St.
Dear Pete,
The following is a quote for the electrical work we discussed
to include:
Installation of one, 120volt, AC circuit to the second floor 000
bedroom.
Installation of one 120volt circuit for a computer to the second
floor bedroom.
Repair circuit to the front second floor bedroom.
Complete the garage circuit to the panel in the basemen-t. N o
Thanks for the opportunity to quote on this work. We stand
ready to accomodate your needs. �+`�
Sierely
William A. Letendre
9/05/96 HTE CAD PAGE 1
14 : 51 : 22 CAD CALL INFORMATION 962480045
Call Number: 962480045 Call Type . : 108 ASSIST OTHER AGENCY Police
Entry Day/Tm: 9/04/96 17 : 05 : 02 108 ASSIST OTHER AGENCY Police
CmnN: Agency. . . . . . . . . . 001 Northampton
Location. . . : 142 NORTH ST Apt :
City. . . . . . : Northampton Block# : 100 Loc ID: Mapr: 4F
Intersectn. : PARSONS VIEW
Caller Name : Last :BUILDING INSPEC First : Mid:
Address . . . : Apt :
City/State : Phone# : 000 - 0000 ( 000 )
Call Taker. : 0142 DUSO LUAN Dispatchr: 0142 DUSO LUAN
N A R R A T I V E
ASSIST BUILDING INSPECTOR WITH A BUILDING SEARCH WARRANT. 21 : 53 : 03
NO FURTHER PROBLEMS . SUBJECTS IN THE HOUSE IDENTIFIED AS 21 : 53 : 03
BENJAMIN WEIL 07-27-71, PETER WAGNER 06-01-72, ALEXANDER 21 : 53 : 03
SHAMGOCHIAN 05-02-71 . BUILDING INSPECTOR WILL BE SEEKING A C 21 : 53 : 03
OMPLAINT. 21 : 53 : 03
129 Unit Status History Information
96/09/04 17 : 05 : 18 4 Dispatched D ! 129 YUKL JOSEP
96/09/04 17 : 05 : 18 11 Assigned as Primary Unit PR !
96/09/04 17 : 24 : 20 6 At Scene A
96/09/04 17 :46 : 30 20 Available AV
D I S P O S I T I O N S
1 029 INVESTIGATED INCIDENT Case# 1 - Unit : 129
el)l+�irlbe: 4. I996
212
re
a
3
j N"! -
I.nal Fr
thus potentia$ 'savit1 i`i nl, t ". rt.._; ;_ t,on -tX`
be f(amd as hw; Wen 4.,'itiCE(Ioya d to Wv r
The Inspechon '-y1 On noLtsi: ,:nd tir a sCF.rli, �1_ h r
warraTlt that Si14:-i iIt!lt?t'." Ct'Ill h(' C.aUtiC AoC ws ',: A i z vs ;,„.. ' .. A
In addition, the fMehocyds you spt'e,z{.-t to ti}m , .
rennnd you that the lams concerning �nixt it t. + yesy "o collect
damages and prove the equivalc It of libel_ The efo t, yr,{.d . ? hak—Clown of our
tcriants and :inisl-epre.sentation of the nnne r -at hand t:;ll f`q- I ct'+ie grr , Pnds(ior collection of
damages. It any tenants should leave the he sr because of your inch wfnl c nay, slander,
h,.-r issment Lind abeukig of criminal trespass tliwatening the physical anca psyQhologieal
t
" SENDER:
t also wish to receive the
y • Complete items 1 and/or 2 for additional services.
m • Complete items 3,and 4a&b. following services (for an extrd chi
(A • Print your name and address on the reverse of this form so that we can 2
fee) 4
m return this card to you. 4
m
Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address Vj f
does not permit. *«
• Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery
t d
• The Return Receipt will show to whom the article was delivered and the date V
odelivered. Consult postmaster for fee.
y
Article Number C
3. Article Addressed to: 4a.P 573 708 507 C
m Dawn Paulinski !.
a P 0 box 15626 4b. Service Type
Boston, MA 02215 ❑ Registered 11 Insured
❑ Certif
N ied ❑ COD
o y ❑ Express Mail E] Return Receipt for
Merchandise
0 7. Date of Deli,vgy,.
F, o
Z 8. Address e's Address(Only^if requested Y
5 ture (Ad resseel r and fee s p ��ddla ._ r
CC. s
6. Signature (Agent) ~ t
yPS Form 3811, December 1991 *U.S.GPO:1993-352-714 DOMEST C,�EI,TU��RECEIPT
4=t9i'4 9.."19'DE. 11: }= 41 3-_,,542230 HOLEMM PAGE 02
Ur
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-teams, inc.
s:z ,S STHUr-TQNAL SERVICES
I^
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SEP 91996 r; N
-. FAX
' _.—i,i s r� �1F3. �. 3:IL S UDV "I`M'AMS, "W-
° ; . z►. . , CIMST F R.MA 01011
(413) 354—:231
FAA. (413) 39-4-2230
l
T0- +
FROM-
DA l E.
ILI
r
DIRECTORS-, ANTHONY O'¢ONNELL, m.A. • HAROLD SCHOLL, Ed-D.
X77 do,nf'0r h arve,nue, jeMe y City, n•j• 07305 (201)43!5-14100 f'0X 0,0 0 435-051
:Oill rcOLM -,-,t I -r - �N,
I L
u c :S,, of Vail-h m0l I t In P,-
C U r [14il ol M
— -
ir
Jul
September 4, 1996
RE: Inspection 142 North Street
At approx 6pm a search was conducted by my self assisted by Officer Yukil Northampton Police Department at the
property located at 142 North Stree in our City. A search warrant was obtained by myself from Hampshire district
court. The second floor apartment extensive renovations were done. Rooms have been divided into smaller rooms
,fresh sheetrock was observed that had been recently installed and recently taped and joint compound applied,walls
were not painted in the areas where the sheetrock had been installed. On my visit in the morning I had observed
buckets of joint compound, sheetrock, plywood and other building materials were stacked in the hallway,these items
had been removed by the time of my second visit.
The newly constructed walls had electrical outlets with no cover plates. There were no smoke detectors present in
common areas at top of stairs.Handrails were missing on front entry steps.
The first floor apartment was inspected and not visable signs of construction were observed on the interior of the
apartment. The exterior of the first floor had a ramp for wheelchair access and enclosed porch existing was stripped
and new widows had been installed. There was a new door installed for entry to the upstairs rear apartment and a
light had been installed for that door.
SECTION 112.0 RIGHT OF ENTRY
112.1 General: In the discharge of his duties, the building official shall have the
authority to enter at any reasonable hour any building, structure or premises in the
municipality to enforce the provisions of this code.
If any owner, occupant, or other person refuses, impedes, inhibits, interferes
with, restricts, or obstructs entry and free access to every part of the structure,
operation or premises where inspection authorized by this code is sought, the
building official, or state inspector may:
1. seek in a court of competent jurisdiction a search warrant so as to apprise
the owner, occupant or other person concerning the nature of the inspection
and justification for it and may seek the assistance of police authorities in
presenting said warrant; and/or
2. revoke or suspend any permit, license, certificate or other permission
regulated under this code where inspection of the structures, operation or
premises is sought to determine compliance with this code.
112.2 Office badge: The BBRS may adopt a badge of office for building officials ,
which shall be displayed for the purpose of identification.
112.3 Jurisdictional cooperation: The assistance and cooperation of police, fire,
and health departments and all other officials shall be available to the building
official as required in the performance of his duties.
SECTION 113.0 APPLICATION FOR PERMIT
113.1 When permit is required: It shall be unlawful to construct, reconstruct,
alter, repair, remove or demolish a structure; or to change the use or occupancy of
a building or structure; or to install or alter any equipment for which provision is
made or the installation of which is regulated by this code without'firsv:fiffit"'a
written application with the building official and obtaining the required permit
therefor.
Exception: 1. Ordinary repairs as defined in Section 201.0.
2. Greenhouses covered exclusively with plastic film (in
accordance with Chapter 671 of the Acts of 1982).
113.2 Form of application: The application for a permit shall be submitted in
such form as the building official may prescribe and shall be accompanied by the
required fee as prescribed in Section 118.0.
1-14 780 CMR - Fifth Edition 615!92 (EffectNe 6/19/92)
September 7 , 1996
RE: Stop Work Issued 142 North Street, Northampton
The work that is being done is putting your tenants at risk. The
law requires licensed contractors taking permits and having the
work properly inspected. You not only put the tenants lives at risk
but also the lives of firefighters that would be called to the
scene in the event of a fire.
Building permits are required for the work done. Electrical permits
are required for all of the wiring that was done.
We have tried to contact you, all that we have is a PO Box # in
Boston, and people on your property who will not identify
themselves or tell us who performed the work so that permits and
inspections can be made. They also refused to give us a phone
number so that I could speak directly with you, I did leave my card
and asked that you get in touch with me immediately; as of this
date I have received not a call from either of you.
I have tried to work with Peter (if that is his name) and have been
stalled and called a fascist pig for doing my job to try to protect
the public safety.
You must have a licensed person complete a building permit
application and have a licensed person complete an electrical
permit application for all of the work that was done. You have
seven days (7) from the receipt of this letter in which to comply;
as there are fire safety issues I am hesitant to let this issue
delay any longer. If after 7 days I do not hear from the
appropriate contractors securing the permits to allow the work to
be inspected properly I will seek an injunction to close the house
and bring the matter to court.
The actions by you have not been lawful and I will pursue the
appropriate legal channels to protect public safety.
Sincerely,
Ant on Y Patil
Building Com issioner
City of Northampton
CC: Mayor Ford
au
O¢'�tU1'1p�O
_ Crzt� of Xorf4aiuptott D, I
&SS$C{�1i8[ttS
o
DEPARTMENT OF BUILDING INSPECTIONS
f �
INSPECTOR 212 Main Street ' Municipal Building °,M SVey.
Northampton, Mass. 01060
September 7 , 1996
Ms. Dawn Paulinski & Peter Underwood
PO Box 15626
Boston, MA 02215
RE: Stop Work issued 142 North Street, Northampton
Map25c Lot 7
Ms. Dawn Paulinski and Peter Underwood,
The stop work posted on your property on September 4 notified you
that work was being performed on your property without proper
permits. The work requires Building permits and electrical permits.
Those permits should be taken out by licensed contractors.
The inspection that was performed under the search warrant on
September 4 showed that there has been extensive work performed on
your property. I took photos on that day of the work that has been
done. When I arrived on your property on September 4 , I identified
myself as the Building Inspector for the City of Northampton. I was
admitted to the front hall by one of your tenants where I waited
for the "Building Manager" to come downstairs. While waiting in the
front foyer I observed that the egress was blocked by building
materials, joint compound buckets, plywood, sheetrock, taping
materials. When the Building Manager came downstairs I identified
myself and I told him that I had received a complaint from the
Board of Health about unsafe conditions, blocked egress and
construction debris. I told the building manager that I checked our
files and found that no permits for building, electrical, or
plumbing had been taken out and I asked to see the work that had
been performed. The Building Manager told me "no" and then asked if
I had a warrant. I told him I did not and asked for his name, he
refused to give me that.
I posted a stop work on your property and then took appropriate
actions to secure a search warrant.
I came back with a search warrant at approximately 6 PM with an
officer from the Northampton Police and searched your property. The
Police Officer was very professional and asked for ID. The search
of the property showed that there has been extensive work done to
your property especially on the second floor, where you have
subdivided rooms into smaller rooms. I asked for the names of the
contractors who performed the work, the only name that I was given
was Sue Brown an electrical contractor who the Building Manager
told me had done all the electrical work.
I left the property and the following morning I contacted Susan
Brown who informed me that she had done some work there but that
there was work already done when she started. I went back to your
property on September 5 to try to find out who had performed the
rest of the work. I again was refused entry.
S
.r
k 573 708 507 � �7
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
Sent to
Dawn Paulinski
Street&Number
P O Box 15626 L Yt
'M'Ne09tate,MI P C'6t 215
Postage $ "
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
LO
Return Receipt Showing to
Whom&Date Delivered "
a Return Receipt Showing to
Q Date,&Addressee's Add
0 TOTAL Postage& "P
M Postmark or Date
E 2 1996 °
�° a�
C0
a
s
x i
¢S TO r of
t
t$ $ �ass At4>«sttt$
DEPA.RTMFNT OF BUILDING INSPECTIONS
2x2 Main Street ' 111un�cipal Building
Northampton, Mass. 01060
INSPECTOR
Ms. Dawn paulinski
p0 BOX 152 02215
Boston,
September 4 , 1996
, ,nertY located at 142
Ms. 4ithout permits.
I the work that has
ha
Mort IMPORTANT-MESSAGE and poses a serious
plec FOR d.
occt A.M.
thrl DATE TIME P.M.
M
OF
PHONE
AREA COOE NUMBER EXTENSION
S 1I O FAX
O MOBILE
AREA CODE NUMBER TIME TO CALL
TELEPHONED PLEASE CALL
An CAME TO SEE YOU WILL GALL AGAIN
Bic
C i WANTS TO SEE YOU RUSH
RETURNED YOUR CALL SPECIAL ATTENTION
MESSAGE
SIGNED
FORM 3002S
MADE IN U.$.A.
TP
"Xk'''�l
�- JA,
1, ;-tt NG',en, ina,c E,p}.i`-T a--
tic li'llubc. to (J-4
mi t vmte, father ove're,
to
U —ided
f( r us to C -1�
iail , alall -OLIS irltelit jr,
PC C�C ,
US
shou'd 11.- T-il tt
ail lilt %V N %.
h0d 4 thCSC Leliunv
o avoid
lust. The se..jj(,
L',
tc- tidlel I!c,
St
ft
_Ml
-k4
cl
sluc
\ ot Petcr
Ileed :ChCdL1Io an
Otil, 'All 17)01,11111
cl
1-,2 "1,j/did' l <A old Io!IsI v not \N ;mt to
L!1 J V, c!"'Ir Ohl, , Lip I,,
XIn i11l.;pCCtI,,)I)
-'pill
me ki I"I'A 1111di \%',2 A!'.
lUl J1
it
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1, A!I I I I C I I C I I 1 1
u!I n !,v: clil
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------------------------------------------------ -------------------------------------
p!
niler
NI-l'o-1. Mal-, 1-,t I d
I),:Al. N L'I%,.1 \lar, I ,q-&
F he Ci 111-\ ,I1;; i, w in i Lei r u, fonvaid more of the je N detads of We Quatimi at 142
{ac, R" \\:,!e to!-] Additional facts b% our tenant NNOleum .0cominato her. be
Nfa,.A W O
cVAN hurlhat jum(c harassmert tithe occupants "wvasjustjfied hecauze
<-J11eonc v- K ing inw boy wciu%& that ;omeone happens to haw e Foui-th Amendment
riehiv riot to ha Inhd as a chmhw, in 1, �xvy home.
Acconkno to NOW& alq v 1t: NO"r allo asserted Wi ON Sepemberf; diSLussion that
poNce And Q,Khli had a Aght to senrch w4hout a 1vamant." Fhi.-, demom;trates that our
�r ullt'er a w e--icir A'the lav, popular in the I 950s but destroyed by the
SuAme �i dechlor, "(iniara % . N lunicipal �"ua of be C)ty and Gunty Anall
K=Nco i A Nimo, ako had thk audacb to tell \Iiclicile t(i site the landlords`.
IVAU11OL!, the Ala vi- WNW doe,n't seb-i to known much about the la"S COMCHD I ST the
krIlt-lVng -1 01nnowid qPWO
iii ri,-,ht io coPeo damanq for" mvhc-z
VO And a ;W0 t1\Il'�!!!( .11 ValAmIxon', ;wc x"nol Kx,c to a, back to the 1950--,
-i�': a!!-r!-'.% ; Yet evan in Flank -, \lai,\ Lind which Nvas iatcr
Llldlo dingy the Folwh
wri&WPA wpoigh 14 W Knonme w "TO cannkq do leoland snii be true to the
LOO Vrtl V to 1 Aoh �Xhili:h p;',,tccts eNell the Iolnc i!I ill,- Lill'i floltl
1.11r Law'e ',O)'J! \11lulCil),11 Wlt �J'the -, -it� 11-d
I Lill_ -e ;t, I I I)I,-. to N ,`ll land I,c:I.i l"I",1, '-1')V- 10 hi_' the >Uj
h L-u!t Kcruoni have heel :rude.
-C 11) h''AAW 1 `nhud '"n, 0 A urt of:Wpcal- fol III. V
I.6 St ii lrt i i ff-.\pInd K n: v. Op-n 1 H F ( T I Y t Y 1 1,
C liidri id,IiOk and in hl:; odic' d li I- t
!1-i""Lloi to! Cit". Is irlelp:"I;11?
-,60101.1t L w1Ali.'Wt fol. buildol�' I,- !i
I-L !Ilan 0,-h alt as-ctlioii ;:C.oral -a ci,-,C tOiLhi I)". ;1
it crir% is or 1," ai'�
2A i 1'-1 ";1' 1 Lt I t 1 1
\\hi,h my 11
j 1p ;ta Wi m 11 0 C ill't cl!u
%-npq have ako I �Tyc 1:
nat t-i '-11*,, ik CI i; I I C J I
nl;l he '\:l li. i alid 11,, 11 1 Ot. i
i it 11 J1,
WL L W n it t 10_ A h- TO woe 00 "V "Cal,
L.IW!l"J, It - I nea it for tilt,
ii a!i- i c om 0 Amp of polls y 4 how to
hand;,: 111- ,e 01, 1 it ij Ca i q i p g A the %iolation5 of lawx'. The Mist seal-ch
-vas \N iflioi,i a v,.A i i-in void lie =ei and "nq partly a search of persons contraq to "tat Be
---------------------------------------------------------------------------------------
'h'! Jo mv |caJ ao> xhcreeither. \o cxycbeoccd building jospcck`r is not � to be oh�
\^ no/xlmn in couh |h»x he Ji4u\
knpx, {hosc vjr cs didn't g
oxoynhcre - uux, \bak
r `x U ` u|> ,h� q x �wo ^(hs conyetence /n inspections.
Dc could hare and should
}u` hatcr arid x, have |hco6Joxcaioshorrrrh\- Ile chose tile route o[
nxr4x''rn�.�en
ill the /'rx�p:p�r�
?` n' xh` that J J three searchev.
the hand. it "Veit I's ma, the point has been parlyno "go even" %vith the ocuWams at
lcpam- alo t hat e F omh Anukhmia righn and poor Erica Mos:.� even has tile right to
Or pay pin Of AC k"ll
— ' ..` ` -`^. ...``' `, '`/,,`", .". the Ninth" `uLv^ n/""c at nice ,umoxa.`
|`o/Juo` !ou [u/t: "Nothing iscicurri in 1hu cnnergiog bv/ o[comnoc/cioJ five '
�yccJ. ±m \i/'it [^\,c or m/sic^ini c,nuouoid q^ccck in c|cudy 'Suhicct to rzgnoiuc'^ \\�c
demanJ vv .onn`rdick� u//ocuoo and up.`|o�� from (tzJ|n. The longer you let dig conn
uxhmx ,u`,.`i`'o and u�o|og! the hrgc/ <.nharo|xoo's �.0 "Al �o;
Since/s|!
]}uxo l�Jio'ki
>\ ` B.^ }-5"`2'`
to�,.x V \
oC`Ic`L > i-,cUcr
nu ( .'U 1 )�cpxntM'o/
Oc
- - Created: Monday, September 9, 1996 4:Uu HM - rage o of
a rePort of their code colnpla;nts by September 7. Yes. the police have time for asking id
from people in their ovv n homes. but they don't understand that our household has already
been victimized vvo times by thefts in four months and we don't take kindly to people just
waltzin-* thl' lu'?h tars hotl_�c. «'e to Soll that Northampton police have better things
to he doing than sere ing a_; backup to Patillo and Holz.man. If atn-thing they should be
ke��Ivlu, then} ""Cl,the property eScepi for-cheduled visits by N If. Patillo: NV c hav e arranged
to have Patillo C 1111e t,�inspect our electrician's work at a time when the tenants will not feel
ioi.lted preferably '\\ ednesday afternoon.
t_'oui1_ lla:e in the pa=l and are novy free io decide that actions taken by city officials
vk cre not par'_ o;T then' ern111cntal nlissicins and that they acted out of their MVII
personal indiv*,duals became liable to the fullest extent. We may l}av e to
*ir e v ou the Ics"11 J.ciaik, Ali*that later. We elpect Patillo to be on iIi-, hest behavior vvilen lle
ConleS to -Zee tart- Z'1(2.11lCal it IS not all CXCUSe to be threatenlina tenants. OxVllerS.
f.lectll� Of all ,olle else. Ile should to I11S job and }t'5 the I11ayi)r"S fob to See to that.
,k. ;e(ikWd tellailt who 1S 3 v,beel'-hair ul er and IIA 1112 On S400 a month told Lis that It
v�ould take 1cAr or tl%e months to find an()thel place In the area that would be sultah1c to
liv c- W °bec<ltise it', ery dif'ficuli. to find LI place" that is good for disabled people. HL Ira_!
?)damIl ,c rr_d hy the I�uilJin�- Inspe.tor' threats in the newspaper and concerned lie vron!d
e people who so hard to find an appropriate pl.,ce to
ji, tppm-(,)it1v e3 Mr. M,_dla h Itillci a g00d time.
;k1. HIO' ;l 111eli' nshts and land101d rlghls aga1n,4 the C11\. ,Ill
was iesl'llll. l'utll�os `�i pcol?Ie vvho don't ktiovv that Patill(+ flay no, Ierai
t'1 Shut lire I'.-kits . almost lV',,rked. We ShoAV'ed th15 SeCi)nd 1115ab1e(t ten.11lt the
�,ipt'.'llle t .,Lnt iltlin'_ a111a1�1 � . \11inlC)pai !_'01}1'1 of the CIt\ and i�tlnty of ;)Il
l uic�slo " in i,villc• l tale `,uplen}e Court :it-ill(: 1-nited " 1. `l he 1�„t;rth
i:lwn,hlwlit 1-1,1z p1C,;,:kAKlt,il O} I per�:011 1vlio has ;eftiSed to pertlilt aV\air.it7t1, ',,dt'
11ft)i'ce[llellt 1n;pe;tr_�n cd hI� perso'I'd IetildellCe. ]:fell !1 we bel QVC v0111'
after' e% it ljlldlovd., it doe511 t uIx C \011 the Ilallt to) tialliple ('i? Ilit.
�� e aI"c mill;ltl that li"h01e �tipl 111e � 01111 iaSe a) ailal)le t:) \()!I In
IIC:ll that V'k I11 ill k1lil jii5peetol- has ICCel,ed iw tv.1111ini�, in the-c timPc
_�11 C'1011`�1V" vl aik-� all isA.,r thc i w. ( )I} ,'�eptembe r 6. lle Callw !lack i"'l:
t> 11 an (ic,,lpallt Rini ci-lnlin:li InS,)cCUUn ll;l till
!it'd In the it,It and Come and '?.I.)< ale pl(2asCI;. NOIIhaI11I'toI" 1'k 11
has the n«l1t 11.)he tlncll5tll:bed. And a_.z sald, ll;c,c .1'f'!ii,2"'i1
,w )rllei 3ppi)111(I1XIlt tO re7 )c`lV' (21COM:a1 \\Oak.
:i;�tV l,tiu ,Atli �eVrthdn"lpton malntaln ihc lW!1 oll Olaf
.k,:�d 11':e'll i,) 11- :'_ Sn)L le thln�'�' lloAt I-Nri" \N Ill Ilit-
he'l_1' 110:111 dill *,1111. t1wi, arc it c-;t
c1etF_I'nnillC"! a :`-1
side Irolll zt,Illd1,iIkI lc^31 1'l'. C._.1tllr,
I. I
, -"If 11'J.i1\ t�}R1K It v,0; tans' +C,ie7�ei :'01 .11c '� ., ._,il.i.Usi� �
f"r I be patl_i+l
pCC” :ind �'.'a{I '.�? it,,, :t) ;�`illt.ldt�'1'� ti ii �� n I ,, C� 1, .111 t1l 1lt: 1.l s i.
i WIc 1 its'
l
It- o•ter
111e t1� 'e .'17 s`1. 1 :'iili' 1 11!li 2 t,[ 't;iJ,il'PtlTS
, r
�l'k ii` �it�tf I1 il�� 1tk n1-111 t11.11 he I,"12 li CV0,"i
The 1_Vion-Ne"Y .tore again confirms what we have told vou alreadv: this was the
decision of a testostewriopumpcd father protecting his daughter lew ing the nest. This is
Wert the daughter complaining. We have spoken to his daughter and she is not esacd% a
"little 20" she is a colkae eraduate. 'Allen her father made the decision to pull her out of
the house she nixie a point of aN ina that the house "as fine and she thinks she could We
in the house and it vvould he beautiful. She also agreed that she surrendered her S250 and
she tried to expi:lln that to her father. because u°e had held the room for her for a month. _0
fortitne would linve it. she found a buyer for her couch on the spot tv}ho did not take up on
the offer oI gin ing it ai•alv tree. However. much, perhaps more than half the clutter that ite1
Enka sa" in the kitchen. pantie and the bottom of the stairs was his own daughter's
properly becau sc ;ve had let her triov e in early. We understand that couches should not
clutter hallway but it sh'Arld not he Fr; W, father complaining about that to us «Mien it
"Aq her ciltlh in anv case. we're si- 1 i:.dge tt'i uld acme dial If ou shut Jovin
even house vA;h students chnerin_ A they moved in there_ vyouldn't be any
fr?u>�es left lot' stUdClIts'
So hurl'' is Plot NhNs feat Ins' the n-mi its of _August 3 lst accordllig to a letter rye
btubw e she did no' N\rile on her Au n behalf•_ selling her couch by eyevyitness account and
ka,.ir.0 the ioor;l enlpty 1 cl till �cptcmht ( 4 rte have cily officials and Richard HolZn":an
ttl o°.li i),opertV '.Inann"uncwtl supposedly on her behalf. So yotl se(.' \orthamptkw'� st,;r\
Col llr zealch 'Illd ti:,t It11r0dUC1i(,lI to Ilcl\ neighbors I,, Ilot goingtt) V '14 In
in the onttle 1 Itkyy\e"n qtory. ov do not see the tenant "to wI)ywedlV `oned tilt
Tillie gwged once. Won 1s ahnij his hull girl Would botch thin:,,- tip. NV c daf t Ayltnesse
to fal.nei's dlsapp intmtni tylth Jainhlei
t Chant, -t'C O]1011gtl it
`ipivrer'tk . )t i,:r studerng 012100 11'tth F1'Ica Alan Go i n^ P i 12 Vah 1'_ ., : .d : _
bt-,"tltitlll_ '\V t- have Spoker to thl'ee Rho said the t It 'nw. .1. -un Iw._,_ Ono il.i'i hN W w of
it makes \OU Wonder if hatlllo has any idea about eCIV r � cnon wplc Kai no i N
ahead\ to get up and shift do"m our hot_Ise l\7thoul any due pto,,e7.4 (,i r°t k2ll -1 'r'1t'l W!
���tsrtc�,\ t.� ne.\ neighbors.
t 111 leptetnbt'1' 7 a net\ lenant Ilyw ed in to Wwa UnW; "Yor.. _t.l'P.'wod\ PY ,iwn
Igcc "uh iA. 10 2h aaI NhUnlall's Fs essmeltt of tilt' iootn Ile p:ti,: I' lr�'�i'c ;;I ? t
his Twelocr did, c-en after n•e shot iA hirl tine moil in the f
made abolit J niches}or ex erV . ineh to cm r.;Y::
Q<�%J kill lie Que. 60m Pfiat Qns (M4 'Ancll I+v 1lCr) .tn:! 1 i_I� tWq _
lll '1`eti`i. )f .oti;'�e rte :'hurl\i'd 1_he tt°!fat!' 'lt(' h Ua' atll+l t`it .1.� � ' hcn rilrit+
h\ 1)i' HI`lLnwil. A'itr,L'i'ill'I`. ow ileit' t2n.lnt :.'_- I"'I zi'r'
f'tIJdI7;_' hl?cck,l Lull D!-
it lloi/l KAi Paq a,! Vic I, a Ladkod a i_i 'r.:-' t j w w t i 1 K"t o r hi
c)l k K) l.l01 ' i liw re that ql'. 110,01 7 1 " Ili'. IQ, _ - 1 t' _ 3t'.C! A CtC
kli')Vtti tit !i:JI .-< i:kc 1)"!1, Iii ( i , I"Il t; „ ,,I ..l;' `w .i .
tyrWh ahga 4,10 '.l&AV to 1 T,j, I _ . _ r it 11,. r, i Ap a '-lutttlel I
.I .. ,l'lrllt t,l ,,_ h'! W J.jica ,fr-.
'_it, hon,,e 1, Vv"Ith .r. _I it become' .I
intrillel tt lla'. t G.i V I!i3c_I J -n .. V .01-''I Lill. fl..` °,ail,. _ 'l ;)t.11 i T w4w)nse And
.c:It. J 't 0 ell,' J I ..,. tl! 1C -t .±i; At i,1 _it:i ,- 11, '�.. -1�-.�..-e. it:, ,
-nz—c NO ho h tj Y girt 0 0fnO niq 11M :r_; kyj tho c it\ . i h" fated Cor the
l21 ,ail'll >31d :! fc I�rL Lt>tSt' ilu �fl��Iflc'ail .l saliolyed searches of
Csi�a`�. -�'`111:'tli'_rC>>. �I�hanlsili+;1':� hclocr, -earl:lied the personG 'nciudiIlg a disabled
rnlal? III his "Nin in-)MC urCt �olThanlpton's heroes didn't nave the time to write tip
------------------------------------------------------------------------------------------
tatenlent hv John \� Lvllcr
I' tella"It IlivillL, oil the tiro floor of 14� \ordi Street.
NorLh,jillpl-Il, and -1 11�1\ c gel oral comitcntS ahol-It the SItUation CLI1'l-ClItJV
Ac" clop'11112
I use A \N-1112e1 1:11,111- due t') a Spinal COI-d III'Lil-\ and the (,\; ners have
Ill all(_ A~; HIL, Im-scit, and Illy' friend John
ti
MUCAWCOM a to live hci-i. It is difficuit to f".1nd
housew livit a heelchair can w1l into and I appreciate the concern of the
0" 11cow in MHz the Uhmsc accvAble for me. The availaNhm of hwivins
W 11CO)FIA !I K, UVC MICCIMAK iS VWX JAKICLI and I like W112 able t,', 1 i , C
M !I bwe rhoa 1 cdr� c"It':;- all'i C- it callily ill Illy ithout
_M(-V
V Scp% FAI when the police officer Ltni\ '2d « itll tl-ic
i 171�j)CCU li- I \1 a; i i i-I Ol V \z IIC�21CI`Iai I- oil the front porch "\ I th m
T11(' dClMlided to sec ins ID and a,kcd it I lived hare. V h vri 1
!,J—d \\ lo reoded Lo qcc inn IF) he saki he had It \\ airant and that hL
40 MY 40 ompunne at A, Kim who was .Hein' Cl MC& . I rcluwQ,
w TWIN 0.101 MA hC CAR my license nurnhey in as if 1 "in a Aulwa ill
',P)C C)i M C a 1 Y PAW I V I P QK I W Ant that IIC f0l-C ed I III e T )d 11-1
2 (")1' \5Z1� ;,nLI i I'c;t that I x\ w wdci mack. Hw 10 w
tk , a"'K !'k'r 11-' ull(-Icr the tents 4 the Wa)Ta1-11[ 11',Ll I
i lk
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I�r'-"Ai i I .'L1111 -, Call 1 k2 I- that eta`;
--------------------------------------------------------
"LIIII_ment livin) Peter
St I t s e II e i.e.
rnm Nolthiiw!)to!� fi-oril It horrible I-1pal-tillent complex in '-)outh Anilietst. It was
`,\Vdcl.;j lkl,uki and dirt\ . 1IN lit i:ig space Nvits l"Ilck)sCOpic. The mana�enient lied to me
11% '1110ilt the C,,Ildition� there and what would be done about 11, M', llel«llbol`., were
---d !I\ 111L) 'pace and to be left alone I mol ed here it') ha-,
t Iw, I li--1)t It) I 111 c t sate s pac e.
yic zil Il'ith III 11,21-C 11&y Me II CIA frustrated. I've been lied to and threatened by
t pol, up for rm light,� and I get t!�eitted like a
h- ICC. I �,tjck
lrlql Inc that didn't %N rite that letter bccatl.-�e it's <() tar dix(--)Icccl fr, m
hc!) Ilk2l I)!" lil-l-lN ed that livr pa!-eats didn't like the apailmew,
that she ,11(1 did, flci� !:;I her I)arclit'; -dimed. ill) Ivlvv the tak-,
C')IlI1I1llI ClUttel. belt MIlit I'L'Icci It Le of'I I 1clola to
L' X11 L!1,111'i h I-ICW210LI Mid let people nlk)\e I)\ e, tileli h- long uu— cA\.
it,, �Ilu In ill, a\ N%"[! ,w1 e,j 1)" ]-.Mica's CkILICII IIC V,11< s101111�1 tilef-f, t1l)t'l
-111. A MiCk "C0!IA IN, !roullcl the prcml<e�,.' Wh.-O V� till,, the hc-
. - - 1 -1
"Ic FIIOU�- mi) rlollth-� ago� and that %vas it. Thiz *S \x,li\ \xv make
I-Chin can and ,\,- told her till' lxhetl 1112 othe!, tug mlll� imj 1
c I-.,: We ^.:I lt2d ho \l,mlld be Cleall and
Cr''m a Illem \k) ole else 11) t h e
P 10 let d!,I
lic piulad. III the alllloSt -7)
r-It, healthy. t he\',.C lle%-11r* 111 -11 In all A 1, J,
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ill'! at l:(=1 dol, t N2110%I- !-.rlca lhl• I- '1112. I
IX.e "i 11a1'd 1,inic I-Iclic-, ing hi' fl,li&- OLIt tLl:'! I,, lit
1tlac-,Ijmtc. I )Ii Oil, ",,I-"I,
the it L1,11 101'. CtC I' I Ind I)J 0
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till
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teed.
01
le
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AS I.h k2 aSu- I!
k 'N. I,-,t d ,'1, 111. c all
i I-,I luve lutci\ it(' J)!�0,1"Ill
hc Ill, I
aid P1 1): I'll #S 21 11.
the 1- ct "I<Ill Imon a - ',%ell xs, cmara I-. AlIct.niCiPal Court ofithe On, and
Counn: of�,at 11 protect my rights ghts to dea\ access to uny living space, unless a
!42 _ .�'-1 ,h �tt-Cct
Ti . 11111. t\ t Ln tLlpc rc cordol aL 2hill toda" .1
tf �' :I',;'�_ _� _:_;si •'__+'c' �: �i!,. �.�i!CCIn� alN)Ut C(_',dC VIOL-ILI011C, t]rC llaZ,trds
arm P tee- 1 _nJurd,_,wil ;Ind F-)J wn
1',t�_t0! tl2;tt nee,! to C' llll�c'�l.
t
l 'etCr \L-Frlatil lh.a,.-�n
to ACC �i_��li CC?1lCCl��IS
:lla Cain ilc% er he acc ulllhli he(i.
Wednesday, April 24, 1996
Pete Wagner
P.O. Box 1344
Amherst, MA 01004
RE: 142 North St.
Dear Pete,
The following is a quote for the electrical work we discussed
to include:
Installation of one, 120volt, AC circuit to the second floor ON
bedroom.
Installation of one 120volt circuit for a computer to the second
floor bedroom.
Repair circuit to the front second floor bedroom. Ye-5 rum=
Complete the garage circuit to the panel in the basement.
Thanks for the opportunity to quote on this work. We stand
ready to accomodate your needs.
Si erely
William A. Letendre
r-
09/04/1996 12: 49 41.3542'2 HOLZMAI I PI-113E 01
ink went child stud -teams, inc.
INSTRUCTIONAL SERVICES @4�j
lwlphq grow'
FAX
P L S L;1EN T CERLD STUDY TEAMS, INC.
l41N(v-Ll- fR0AD, (,'HESl 4MA01011
(413) 3.54-2231
X (413" 354-2230
plleki e call 413-
)iRE--'0nS: AN'HONY O'DONN��Ll , MA HAROLD SCHOLL, Ed-D-
I rc
J• 0730.5 (20f)435-ql00 foX (201)[435-0511
sir V1 oven(Ae. liempey city, n
f
Genevieve L. Keller
The Court of Massachusetts
District Court Department
Northampton Division
Alvertus J. Morse
The Court of Massachusetts
District Court Department
Northampton Division
house. Then Holzman says that he found exposed wiring in the house.
However, if it goes to court, we will prove that there were only two
things he was referring to--one was a socket where an occupant
removed the face plate to paint around the edges of a socket that is
not connected to electricity. The other was truly open wires and they
do not lead anywhere either. An experienced building inspector is
not going to be able to maintain in court that lie didn't know those
wires didn't go anywhere, because that would only raise the question
of his competence in inspections. He could have and should have
known better and we have the evidence to show why he chose the
route of misrepresentation in the newspapers.
We wondered why Northampton was so incompetent that it needed
three searches. On the other hand, it seems that the point has been
partly to "get even" with the occupants at 142 North Street for
exercising their Fourth Amendment rights. Yes young people and
tenants also have Fourth Amendment rights and poor Erica Moss
even has the right to disobey her father, which we wish she would
exercise; even though, her father is helping her pay part of the rent.
In 1986, the United States Court of Appeals for the Ninth Circuit
wrote a nice summary of the legal burdens you face: "Nothing is
clearer in the emerging law of commercial free speech than that false
or misleading commercial speech is clearly 'subject to restraint."'
We demand an immediate retraction and apology from Patillo. The
longer you let this go on without correction and apology, the larger
Northampton's bill will get.
Sincerely,
f
Dawn Paulinski
y PO Box 15626
Boston, MA 02215
cc: Anthony L. Patillo
212 Main St.
Zoning Enforcement Officer
Northampton, MA 01060
Like most tenants uninformed of their rights and landlord rights
against the city, our tenant was fearful. Patillo's scaring of people
who don't know that Patillo has no legal basis to shut down the house
almost worked. We showed this second disabled tenant the Supreme
Court ruling "Camara v. Municipal Court of the City and County of San
Francisco," in which the Supreme Court of the United States said, "1.
The Fourth Amendment bars prosecution of a person who has
refused to permit a warrantless code-enforcement inspection of his
personal residence." Even if we believe your heroic story of chasing
after evil landlords, it doesn't give you the right to trample other
people on the way.
We are making that whole Supreme Court case available to you in
xerox form because it's apparent that your Building Inspector has
received no training in these matters or he consciously walks all over
the law. On September 6, he came back ostensibly for a THIRD city
inspection and threatened an occupant with criminal charges for not
allowing Patillo to live in the house and come and go as he pleases.
Northampton forgets that everyone in a house has the right to be
undisturbed. And as we said, we have arranged to schedule him
another appointment to review electrical work.
How long will Northampton maintain the fiction that is going after
the landlords when it hasn't asked them to fix a single thing? How
long will it take before people who know better point out that there
are legal standards for inspections and that once a list of work is
determined there is a certain amount of time given to the landlord to
fix them?
Aside from standard legal procedures being put aside because of
Patillo's vendetta, do you really think it will take forever for
industry standards to assert themselves? How does it make sense for
Patillo to be putting a "stop work" order on the house and going to
the press and scaring away contractors if there is indeed a potential
fire hazard in need of immediate fixing--all the while knowing there
is in fact a licensed electrician doing work who did ask for a permit?
Both tenants and landlord have cause for suit, because of your efforts
to scare away other tenants and contractors. It affects the quality of
life that the landlord is able to offer.
The tag-team of Patillo and Holzman divides its work. Patillo makes
vague statements about Northampton going after landlords and
having been persuaded by Holzman on the need to shut down the
$250 a month as we did to Erica Moss unless the house is worth over
a quarter of a million? Will affordable housing become a crime in
Northampton?
Another tenant has written a statement complaining about
Northampton's response and posted it on the door. He is
disabled, one of two with wheelchairs in the house. It's a shame that
he had to write to defend his rights against the city. The warrant
issued for the second search said, it was a search for a "house" and
specifically disallowed searches of persons. Nonetheless,
Northampton's heroes searched the persons including a disabled
man in his own home and somehow Northampton's heroes didn't
have the time to write up a report of their code complaints by
September 7. Yes, the police have time for asking id from people in
their own homes, but they don't understand that our household has
already been victimized two times by thefts in four months and we
don't take kindly to people just walzing through the house. We
suggest to you that Northampton police have better things to be
doing than serving as backup to Patillo and Holzman. If anything
they should be keeping them off the property except for scheduled
visits by Mr. Patillo! We have arranged to have Patillo come to
inspect our electrician's work at a time when the tenants will not feel
violated preferably Wednesday afternoon.
Courts have in the past and are now free to decide that actions taken
by city officials were not part of their governmental missions and
that they acted simply out of their own personal motivations. Such
individuals become liable to the fullest extent. We may have.,to give
you the legal details of that later. We expect Patillo to be on his best
behavior when he comes to see the electrical work. It is not an
excuse to be threatening tenants, owners, electricians or anyone else.
He should stick 'to his job and it's the mayor's job to see to that.
A second tenant who is a wheelchair user and living on $400 a
month told us that it would take four or five months to find another
place in the area that would be suitable to live in "because it's very
difficult to find a place" that is good for disabled people. He had been
scared by the Building Inspector's threats in the newspaper and
concerned he would have to leave. Scaring disabled people who
struggle so hard to find an appropriate place to live apparently gives
Mr. Media Patillo a good time.
us when it was her couch! In any case, we're sure that a judge would
agree that if you shut down every house with students Cluttering
hallways as they moved in there wouldn't be any houses left for
students!
So here is Erica Moss leaving the room as of August 31st according to
a letter we believe she did not write on her own behalf, selling her
couch by eyewitness account and leaving the room empty. Yet on
September 4 we have city officials and Richard Holzman on our
property unannounced supposedly on her behalf. So you see
Northampton's story for its warrantless search and first introduction
to new neighbors is not going to wash in court.
In the entire Union-News story, we do not see the tenant who
supposedly started this thing quoted once. Father is afraid his little
girl would botch things up. We have witnesses to father's
disappointment with daughter.
Tenants see through it
Apparently, other students agree with Erica Moss that living at 142
North St. could be beautiful. We have spoken to three who said that
it was the best place they had lived so far. It makes you wonder if
Patillo has any idea about equal protection of the law, since he is
already to get up and shut down our house without any due process
or even a modicum of courtesy to new neighbors.
On September 7, a new tenant moved in to Erica Moss's room.
Apparently he didn't agree with Dr. Richard Holzman's assessment of
the room. He paid 10% more in rent than his daughter did, even after
we showed him the story in the Union-News which quotes the male
authority figures about 5 inches for every 1 inch to our side of the
story. We also 'showed him the letter from Erica Moss (not written by
her) and the letter from the Building Inspector. Of course we showed
the tenant the house and the alleged problems mentioned by Dr.
Holzman. Apparently our new tenant was not much impressed by the
ravings of the Building Inspector and Dr. Holzman.
Dr. Holzman has said he is a landlord and that he believes we should
have to put $100,000 and more than six months of work into our
house in repairs. We wonder if he knows what it's like not to live in
palatial luxury; because $100,000 would make our house worth
about $250,000. Is it now a crime to own a house worth less than a
quarter of a million? And is it a crime to offer a room for rent at
detailed complaints he might have about the house that require it's
being shut down or any lesser complaints. We hope that Patillo will
not demonstrate his usual, pattern of intimidating whoever he speaks
to and collect himself long enough to actually say something detailed.
We became concerned at first because of how Northampton was
treating the privacy and security rights of all the occupants as we
explained in our previous letter. Next we became concerned about
the potential for fire, so we looked into that.
It turns out that last week, our electric contractor did in fact ask for
a permit. Why then did Patillo lie to the Union-News and sully our
business reputation? Did it have something to do with the fact that
our electrician is a woman? And certainly by that time there had
been two searches by Northampton, so why wasn't there any
detailed complaint asking the owners to actually fix something?
Could it be because Patillo spends more time grandstanding in front
of the press than he does doing his job? Was he too fixated on having
occupants thumped against walls instead of doing his job?
We have done further investigations into this and should it become
necessary for Northampton to receive a really nasty black-eye, we
will reveal the details in court. That aside, suffice it to say we can
prove that he knew there was a licensed electrician working in the
house, knew who it was and that she had applied for a permit.
Erica Moss's father: Dr. Richard Holzman
The Union-News story again confirms what we have told you
already: this was the decision of a testosterone-pumped father
protecting his daughter leaving the nest. This is not the daughter
complaining. We have spoken to his daughter and she is not exactly a
"little girl." She is a college graduate. When her father made the
decision to pull her out of the house, she made a point of saying that
the house was fine and she thinks she could live in the house and it
would be beautiful. She also agreed that she surrendered her $250
and she tried to explain that to her father, because ,we had held the
room for her for a month. As fortune would have it, she found a
buyer for her couch on the spot who did not take up on the offer of
giving it away free. However, much, perhaps more than half the
clutter that her father saw in the kitchen, pantry and the bottom of
the stairs was his own daughter's property, because we had let her
move in early. We understand that couches should not clutter
hallways, but it should not be Erica's father complaining about that to
September 7, 1996
Mayor Mary Ford
210 Main St.
Northampton, MA 01060
Dear Mayor Mary Ford:
"Inspector threatens to shut house" the Union-News says in the
headline page b2, September 7, 1996. This article is more proof of all
the things we warned you of in our September 4th letter faxed to
you. [Postscript: I spoke to you the evening of September 8th to go
over some of these problems we are having with your employee
Patillo. (I apologize for being cut off by the phone, I did not intend to
hang up on you.)]
No specific instructions but lot's of media-grabbing
Chest-thumping hero Anthony Patillo disguises his own
incompetence and/or aggression as saving tenants and firefighters
from fires. However, if Anthony Patillo were concerned about an
emergency situation, then he should have asked us to conduct certain
work on certain items to fix them. Instead his letter of September
4th mentions nothing specific to fix, but by September 6th he's
grandstanding in front of the press that there is a fire hazard. That's
despite the fact that Northampton had already conducted it's first
unlawful search on September 4th and its second on September 5th.
(By the way, let's not forget that the health inspector never ,sent us a
report. He mentioned part of his list of problems to an occupant. The
largest list appears in the newspaper. It's too bad we have to learn
about supposed violations from the newspaper.)
Ending with a run-on sentence, Patillo's letter states "I have posted a
stop work notice on your property located at 142 North Street map
25c lot7 for work being done without permits. Please contact this
office as soon as possible the work that has occurred has been
without proper inspections and poses a serious threat to tenants and
potential fire hazard." That's the whole letter.
We checked our mail at PO Box 15626, Boston, MA 02215 and at 142
North St. and as of Saturday, September 7th, that's all there was.
Having discovered this, someone from the house has volunteered to
go to Patillo to tape-record at length 2:00 p.m. Monday whatever
In a continued attempt to comply with the law, I'll take this
opportunity to request the paperwork from you to apply for a permit
to install new windows at 142 North Street. I intend to install 8
windows this year and another 7 next year.
In spite of your continued uncooperative behavior, I intend to
continue with my legal business. I still await notification, now in
writing since you have refused to deal with this verbally, of your
complaints regarding 142 North Street. And I expect your
harassment of my tenants and slander against my business to cease.
Sincerely,
Dawn Paulinski
P.O. Box 15626
Boston, MA 02215
*s
September 9, 1996
Anthony L. Patillo
212 Main St.
Zoning Enforcement Officer
Northampton, MA 01060
Mayor Mary Ford
210 Main St.
Northampton, MA 01060
Dear Mr. Patillo and Mayor Ford:
As you are well aware, I sent someone to your office today at 2pm to
act as my agent and attempt to ascertain your complaints about my
house at 142 North Street. In a phone conversation I had with the
Mayor on September 8th, she agreed that it was reasonable to
assume that you would have information regarding your complaints
today and that sending someone with a tape recorder should provide
me with a way to get this information recorded quickly and
accurately.
For all the public grandstanding I had hoped that you could provide
some rational substance to your claims about the house. But rather
than allow this person to interview you with a tape recorder so that
we could all have a record of your statements and complaints and
would be able to move on from there, you honed him away. I still
have not received any notification from you regarding your
complaints about this house and yet you are claiming that I am
uncooperative.
Apparently it is uncooperative for me to tell my tenants to abide by
the law and not let strangers into the house for unannounced
searches, but it is not uncooperative for you to make public
statements slandering my business while refusing to offer any
information about supposed code violations and supposed threats to
the safety of the tenants.
Your reasons for sending this person away were less than reasonable.
Comments to this young man about what you did with your life
"before you were born" have no relevance to the condition of the
property at 142 North Street and certainly don't speak to a
reasonable and cooperative inspector.
United States District Court for the Eastern District of New York in
1985 found that police officers can be trespassing. "Here, the alleged
actions of the defendants, in gaining entry into a home under false
pretenses, exceed the limits of a technical trespass. Thus, in my view,
the police officers entry into plaintiffs home constituted an
unreasonable search if the finder of fact concludes that consent to
enter was involuntarily obtained." (No. 69, CV 5286)
Where is the burden of proof? According to the same decision
pointing to the Supreme Court "where the validity of a search rests
on consent, the State has the burden of proving that the necessary
consent was obtained and that it was freely and voluntarily given, a
burden that is not satisfied by showing a mere submission to a claim
of lawful authority." "Florida v. Royer, 460 U.S. 491, 497, 75 L. Ed. 2d
229, 103 S. Ct. 1319 (1983).
Sincerely, 1
Dawn Paulinski
PO Box 15626
Boston, MA 02215
4
permit nonconsensual entries without a warrant for building code
inspections--plaintiff contends Lyman made such an assertion
several times--a case might be made for liability on the part of the
City if entry is made to inspect for violations or to arrest."
In fact, even prospective tenants scared by Northampton's actions
have grounds to bring suit against Northampton. "Prospective tenants
also have standing to challenge an ordinance which makes it
unlawful to a person who is a new owner or lessee to occupy the
residence." (Footnotes, United States District Court, Northern District
of Illinois, Eastern Division, No. 79 C 2101) In that decision the court
overturned the local ordinance and granted plaintiff summary
judgment.
Courts have also looked down on municipal officials who did not
exercise other options that did not involve confrontation at the
house. In this case, the building inspector never wrote up a detailed
report of anything he wanted done and his claims to the press
regarding permits were false. Occupants have also arranged to tape
him 2:00 Monday at his office at length. This of course reveals that if
Northampton wanted to leave a report and found it too difficult to
write a report, then Patillo should have left a tape and we would
have played it for contractors, occupants and landlords. It was not
necessary for the inspector to threaten criminal charges against the
occupants or to shut down the house. We believe the courts will
concur.
Northampton is also out on a limb because the person in charge of
policy of how to handle. these inspections is also the one carrying out
the violations of law. The first search was without a warrant and the
second was partly a search of persons contrary to what the warrant
said. The next attempted search which would have been the third
involved a threat of criminal penalties and this too has been found
illegal by the courts. Even the threat of a fine as opposed to criminal
charges is not legal. (Footnotes, United States District Court, Northern
District of Illinois, Eastern Division, No. 79 C 2101) We thus have
evidence of a pattern just on Fourth Amendment grounds alone to
sue the City of Northampton.
(By the way, here we will note that there was some kind of
tampering or mistake with the search warrant because it mentions -
"attached ,copies of permits, codes etc." that were not attached.)
K
September 8, 1996
Mayor Mary Ford
Dear Mayor Mary Ford:
The following is to further put forward more of the legal details of
the situation at 142 North St. Today we were told additional facts by
our tenant Michelle. According to her, the Mayor herself told her that
police harassment of the occupants was justified because someone
was being uncooperative." That someone happens to have Fourth
Amendment rights not to be treated as a criminal in his own home.
According to Michelle also, the Mayor also asserted in this September
8 discussion that police and inspectors "had a right to search without
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a warrant." This demonstrates that our Mayor labors under a version
of the law popular in the 1950s but destroyed by the Supreme Court
decision "Camara V. Municipal Court of the City and County of San
Francisco." The Mayor also had the audacity to tell Michelle to sue
the landlords! Unfortunately the Mayor herself doesn't seem to know
much about the laws concerning the Fourth Amendment or
commercial speech.
Occupants and landlord's right
to collect damages for searches
To find a position as extreme as Northampton's we would have to go
back to the 1950s and the words of district attorneys. Yet even in
Frank v Maryland which was later overruled by the Supreme` Court
itself for not upholding the Fourth Amendment enough, the very last
footnote says, "We cannot do less and still be true to the command of
the Fourth Amendment which protects even the lowliest home in the
land from intrusion on the mere say-so of an official."
As you know, we' have made "Camara v. Municipal Court of the City
and County of San Francisco" available to you (and tenants). That has
proved to be the Supreme Court case on which subsequent court
decisions have been made.
A 1994 ruling by the United States Court of Appeals for the, Tenth
Circuit No. 93-1448 ["Kristie Artes-Roy, Plaintiff-Appellant, v. Aspen,
THE CITY OF, a Colorado municipal corporation; GARY LYMAN,
individually and in his official capacity as a Building Inspector for
the City of Aspen] said, "If the City is interpreting this ordinance to
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a • Complete Items 1 and/or 2 for additional services. I also Wish to receive the
• Complete Items 3,and 4a&b. following services (for an extra
4 • Print your name and address on the reverse of this form so that we can fee)' '�
• return this card to you.
m • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address ro
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does not permit. ,
t • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery CL i
• The Return Receipt will show to whom the article was delivered and the date ,U
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0 3. Article Addressed to: 4a. Article Number a
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m Dawn Paulinski P 573 708 508
E. Peter Underwood 4b. Service Type a
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RETURN OF OFFICER SERVING SEARCH WARRANT
A search warrant must be executed as soon as reasonably possible after its issuance,and in any case may not be validly executed more than 7days after
its issuance. The executing officer must file his or her return with the court named in the warrant within 7 days after the warrant is issued.G.L.c.276,§3A.
This search warrant was issued on 19 , and I have executed it as follows:
DATE
The following is an inventory of the property taken pursuant to this search warrant:
2. _ el I= 1,457 si7i� `'a`'t =--�, 1 i=/ti _/s,i �� o Z!��
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8. — --- -
9. —
10.
11.
12. —_
13.
14.
15. - ----
16.
18. - - — - --
20. - --- --
(attach additional pages as necessary)
This inventory was made in the presence
I swear that this inventory is a true and detailed account of all the property taken by me
on this search warrant.
SIGNATURE OF PERSO M ING S H ATE D TIME OF SEARCH SWORN AND SUBSCRIBED TO BEFORE
� ; ��•� X
e Signature of Justice,Clerk-Magistrate or Assistant Clerk
PRINTED NAME OF P&ISON�MAKING SEARCH TITLE OF PERSON MAKING SEARCH DATE SWORN AND SUBSCRIBED TO
TRIAL COURT OF MASSACHUSETTS
SEARCHWARRANT District COURT DEPARTMENT
Northampton , �
DIVISION
G.L. c. 276, §§ 1-7
SEARCH WARRANT DOCKET NUMBER
TO THE SHERIFFS OF OUR SEVERAL COUNTIES OR THEIR DEPUTIES, ANY STATE POLICE
OFFICER, OR ANY CONSTABLE OR POLICE OFFICER OF ANY CITY OR TOWN, WITHIN OUR
COMMONWEALTH:
Proof by affidavit, which is hereby incorporated by reference, has been made this day and 1 find that there is PROBABLE
CAUSE to believe that the property described below:
has been stolen, embezzled, or obtained by false pretenses.
O is intended for use or has been used as the means of committing a crime.
0 has been concealed 4o prevent a crime from being discovered.
0 is unlawfully possessed or concealed for an unlawful purpose.
is evidence of a crime or is evidence of criminal activity.
other (specify)
YOU ARE THEREFORE COMMANDED within a reasonable time and in no event later than seven days from
the issuance of this search warrant to search for the following property:
A wood frame, wood sided two story two fa m; 1T_residence--located at
142 North .Street, Northampton. The building is painted white, and is
a free standing building
ti;a at:
in violation of b i34ing codes, to wit: the erty ro is
p p � being Gubstant' a
rennouted without appropriate state building permits, as per 780 CMR 11-11
113. 1 and local permits, City of Northampton ordinance 7-1 through 7-22
See attached copies of permits, codes etc. )
which is occupied by and/or in the possession of: Dawn Paulirski
P.O. Box 15626, Boston, MA 02215__
O on the person or in the possession of:
You >eare 0 are not also authorized to conduct the search at any time during the night.
You 0 are are not also authorized to enter the premises without announcement.
You 0 are are not also commanded to search any person present who may be found to have such
property in his or her possession or under his or her control or to whom such property may have been delivered.
YOU ARE FURTHER COMMANDED if you find such property or any part thereof, to bring it, and when appropriate,
the persons whose possession if is found before the �
e�A 1� Division of the A 1 r Court Department.
)ATE ISSUED PI1MTkXRE OF ,CLERK-MAGISTRATE O
RDr- �
9RST OR ADMINISTR TIVE JUSTICE / PRINTED E OF JiIBTHBE,CLERK-MAGISTRATE
NITNESS:
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INSPECTO DEP`�
R TMENT OF BUILDI W
7dG INSPECTIONS
212 Main Street Munici °
Northampton, Mass. pal Building
01060
September 17
1996
Jenn '
Y A Daniell
Attorney at Law
PO Box 687
Amherst, MA 01004
RE: Letter Dated
Sept, 13, 1996
Dear Ms. Daniell 142 North Street
I received your l,
etter
Phone conversations dated September 13
as well as contents and wanted to
1' I agreed °f your confirm our
contractor that Of letter.
Y work
work to be doing the work contact would not be
this performed. This this office topped but that the
Office for that was not done with re
t You stated Work• no contractor Bards to the
steps 2. y towards that your clients ,� has contacted
obtaining the have initiated all
contacted ed finish necessar
work on t Y building permits appropriate
buildin by electricants he house'f, Our to complete
g permit for no Our
has ffice has been
request work performed contacted only
install was by Ms. Paulinski for an
windows °r to finish us for a
building °n Porch, nothing application work. The only
specificalpermit for the work has been a permit to
Y subdividing erformed done for securing a
Of exterior door, g rO°m into °n second
3 • I will not smaller rooms and floor,
steps are seek an installation
taken lnJunction
permits. The process secure the proper close the house as
Office with the for obtaining building long as
4 • The contractors g those g and electrical
scheduling of inspect filling out the Permits starts
Who secures the ions are to proper a In this
work with permit and our office, be made by the contractor
°Pen for inspections.and your client to The contractor contractor
pections, insure that the in turn can
I thank property will be
questions you for helpinf to resolve issues.
Please feel these
to call, ues. If you have any
Anthony Patillo
Building Commissioner
City of Northampton
CC: J Sheppard �A
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DEPARTMENT OF BUILDITjG INSPECTIONS
INSPECTOR "
212 Main Street 0 M
Northampton, unicipal Building
P Mass. 01060 ,
4 Sye
September 17, 1996
Jenny .A Daniell
Attorney at Law
PO Box 687
Amherst., NIA 01004
RE: Letter Dated Sept. 13, 1996, 142 North Street
Dear Ms.. Daniell,
I received your letter dated September 13 and wanted
phone conversations as well as contents of
Your letter.to confirm our
1• I agreed that chimney work would not be
contractor doing the work contact this office with re but that the
work to be performed. This was not done no contractor has to the
this Office for that work.
2 . You .stated that your clients, s contacted
steps towards obtaining the necessary"have
permits
all appropriate
all desired finish work on the house Cmpe
�� g permits to complete
contacted by electrican's Our office has been only
building , no contractor has contacted us for a
g permit for work performed or to finish work. The only
request was by Ms. Paulinski for an install windows on application for a y
building Porch, nothing has been done for securing to
specifically r subdividing r the work smaller performed on second floor,
of exterior door. r rooms and installation
3 . I will not seek an injunction to close the house as long as
steps are taken to secure the proper building and elect cal
permits. The process for obtaining those
permits
office with the contractors filling out the oe starts t this
4 . The scheduling of inspections are to be made by thelcontractor
who secures the permit and our office. The contractor in turn can
work with you and your client to insure that the property will be
open for inspections.
I thank you for helping to resolve these issues. If you have any
questions please feel free to call.
Anthony Patillo
Building Commissioner
City of Northampton '
CC: J Sheppard
. 1
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DEPARTMENT OF BUILDING INSPECTIONS
INSPECTOR 212 Main Street ' Municipal Building '>
oM 1`ey�
Northampton, Mass. 01060
Ms. Dawn Paulinski & Mr. Peter Underwood
PO Box 15626
Boston, MA 02215
September 11, 1996
RE: Electrical- Inspection on 142 North Street 9/10/96
Ms. Paulinski & Mr. Underwood,
On September 10, 1996 at 2PM an inspection was done by this
department on electrical work that was performed by Ms. Sue Brown
on your property. The inspection revealed that there were four
violations of Massachusetts Electrical code. You should contact Ms.
Brown with regards to the violations and how they are to be
corrected. The Inspector of Wires also will be sending you a letter
with regards to violation of Massachusetts Electrical Code for
additional work that was done without permits.
Ms. Brown indicated all the work that she performed on the
property, there is more work that was completed that she did not do
for which no permits were taken.
As of today' s date I have not heard from either of you, if you have
an agent to represent you I will need a notorized letter from you
stating who that agent will be, that person will then have to
present identification that he/she is that agent.
As stated in previous letters a Building Permit is required for the
construction that you have started on your property and that work
must be done by a licensed contractor, as of today' s date no
contractor has applied for a building permit.
The greatest danger to the tenants is the risk of fire caused by
faulty or improperly installed wiring, once this is corrected the
danger to the tenants will be removed. This is my greatest concern,
I hope that your actions will alleviate this situation.
Sincerely,
Anthony Patil
Building Com ssioner
City of Northampton
OQTMMA
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K` DEPARTMENT OF BUILDING INSPECTIONS
INSPECTOR 212 Main Street ' Municipal Building
�y See
Northampton, Mass. 01060
Dawn Paulinski
P.O. Box 15626
Boston, MA 02215
Dear Owner: }
On Sept. 10, 1996 a visit was made to your below described
property for the purpose of conducting an electrical inspection .
During this inspection certain hazard ( s ) were observed. This
observation should in no way be construed as a comprehensive list
of hazards which may or may not be present.
Rule 3 of the Massachusetts Electrical Code generally relieves
the electrical contractor of the responsibility for correcting
previously existing violations .
Rule 4 of the Massacusetts Electrical Code obligates the
Inspector of Wires to notify the owner of the property where an
actual hazard exists .
You are hereby notified of the following hazard( s ) :
Property Address : 142 North Street
Specific Location ( s ) : Second floor
Code Reference ( s ) : Mass. General Laws Chapter 143
Rule 10 Mass. Electrical Code
Description of Hazard ( s ) : Electrical wiring work in progress without
giving notice to inspector, electrical installations concealed without inspection.
You are urged to correct the above hazard ( s ) as promptly as
possible and notify me of completion of corrective measures . An
electrical permit should be taken out for this work.
Sincerely,
George A. Fournier
Electrical Inspector
City of Northampton
CC: Building Commissioner
CITY OF MORTHAt.iPTOK
MASSACHUSETTS
t y_ •! , CITY HALL
I - 1 210 Main Street
Northampton,MA 01060
(413) 586-6950
(413) 585-8312
FAX TRANS MIT i AL
DATE : 1�76
F A-X TO TELEPHONE YO.3^R•
FROYI:
Phone Number: 913-586-6950
FAX Number: 913-586 $ �
PAGES, INCLUDING THIS.-SHEET:
. /_ ,(ter, rY-X. '�4`'
�r Vic;e_j 4---5
Anthony L. Patillo r-
=Building Commissioner
Zoning Enforcement Officer
212 Main Street 586-6950, ext.240
Northampton, MA 01060 FAX 585-8312
V Crif� of 'N azfilall ton
r fi �assacliusctfs
cs DEPARTMENT OF BUILDING INSPECTIONS
INSPECTOR 212 Main Street ' Municipal Building
O,H
Northampton, Mass. 01060
Ms. Dawn Paulinski
PO Box 15626
Boston, MA 02215
September 4 , 1996
Ms. Paulinski,
I have posted a stop work notice on your property located at 142
North Street map 25c lot7 for work being done without permits.
Please contact this office as soon as possible the work that has
occurred has been without proper inspections and poses a serious
threat to the tenants and potential fire hazard.
Sincerely,
Anthony Pati
Building Co issioner
City of Northampton