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25C-122 (3)
�0 o� Crzty of Warfilailipton z ;� � � �asssclpTSCtis ,i DEPARTMENT OF BUILDING INSPECTIONS INSPECTOR 212 Main Street • Municipal Building Northampton, MA 01060 ..Z September 21, 1999 \I Attorney Bruce Fogel 78 Main Street Northampton, MA 01060 Dear Attorney Fogel, Re: 218 Bridge Street On September 20 I went to apartment#1 1 at your property in response to a complaint from the occupant, Lawrence Dion. Mr. Dion stated that when he moved into the apartment,he was assured that there were two means of egress available to him. lie told me that a few months ago,the tenant in the adjoining apartment had blocked the second exit. While I was there,he opened a door from his kitchen and showed me framing, insulation and sheetrock blocking the exit. Chapter 1 of the Massachusetts 6th edition,State Building Code section 101.4 clearly states that adequate means of egress must be maintained. As this tenant lives on the second floor and is concerned about this situation,please inform this office of your intentions concerning this matter. Sincerely, Stanley Szewczyk Building Inspector City of Northampton Enclosure // ��' yj � ,�"� 4� �,,J c�.� r ji •te ,z r _j e�'`�`�c�� s// gig i .S <c:, C ro' c� /t-^~� �? �=y�F'c��� /}C'j/�L'L' ��✓,is>r�,�'`'�i�,. �.�' c�,�c� �l-"� /1cJ,.✓/.._.a , Sent By: HP LaserJet 3100; 4135821233; Nov-4-98 4:3erM; rai ir� FOGEL, FocEL,GERAw & GHAzEY, P.C. ATroRNEWAT LAW 7A WAIN$I REST 1601 MAIN STREET NORTHAMPTON,MA 01060 SPRINGFIELD.MA 01106 A134a24= �i3-78i-61AS BRUCE M.FOGEL DAVID FOGEL PETER M.GERARD• RBTIRZD ROBERT G.GHAZEY PIXMR RESPOND TO LISA L.HALBERT jQbEI 1B, NORTILOWTON OFFICE FA x: 1e19)NI-1285 ADRU I A ED To CoNNECTIC r BAN �-- -"" is flp ry t f I -fJ A Y P&xllo Mark-Bibeau DEP3 �f �rt� � 71 Northampton Street }` k °° ' Easthampton; MA 01027 r Re: Frank lions Dear Mark: Enclosed are a couple of copies of correspondence that I have received from or about your,good friend Frank )Dionne. As you can see, he is now on a mission to correct the sound pros ngft--t youttad done b Nmen'Your aparnnent arnd his during your tenancy. I obviously need to address the situation since the building inspector-is now involved. I had,not as-yet gou m. back to them as- 1 was contemplating what §olution might be reasonable under the circumstances. Tfmally came to the conclusion that what would seem to be the most reasonable was if there was a way that you could cut a do=i=the *wall" thatyou had buih.beween the apartments so that in the event of a firwlither apartment's occupants would be able to open up this "door" rrrforce the "door"that you had put into that wall open in order to get out of the building through the other apawment in case of an emergency: In a,conversation with Stanley Siewczyk, I suggested t 4 solution, and he seemed-to think that that would be =-adequate way of addressing`the problem. If you don't understand what I am describing,.please give me a call, otherwise4lease contact the curteut,tenant,.Laurit Johnson,and arrange for a time as soon as possible to effect that change. IT-tbr some reason than solution doesn`t-work, than I think the only other viable alternative is actually putting a door back into that wall, which could be sound proofed, but would also offer tho required means of egress. 1 do appreciate your�aking care of this as soon as-possible. M:\U�P.RSVH.v\rRlN6Rllf\NP'1'OOd�t4Miiye\mkOWtau,wD� Page 1 of 2 `�.� �K ���� _ �l ,.. `�!� �^v BOARD OF HEALTH CITY OF NORTHAMPTON MEMBERS MASSACHUSETTS 01060 �p CYNTHIA DOURMASHKIN,R.N.,Chair ANNE BORES,M.D. ROSEMARIE KARPARIS,R.N.,MPH OFFICE OF THE 210 MAIN STREET PETER J.McERLAIN,Health Agent BOARD OF HEALTH NORTHAMPTON,,M�i11( . (413)587-1214 FAX(413)587-1221 AU-3 C 1 61999 August 13, 1999 COQ Attorney Bruce M. Fogel 78 Main Street Northampton,MA 01060 Re: Certificate of Compliance—21613ridge St. Dear Attorney Fogel: You have recently requested that a housing code inspection be conducted in the 2nd floor, front apartment in a dwelling you own at 216 Bridge St.,Northampton. The purpose of the inspection was to verify that the apartment was in compliance with the requirements of the state sanitary code. An inspection was conducted by registered Sanitarian Timothy Maginnis on 7/23/99. That inspection revealed that there were a couple of minor code violations in the interior hallway (cracked walls and paint peeling from the ceiling). In addition Mr. Maginnis noted that there was only one means of egress from that apartment. City Building Inspector, Anthony Patillo was asked to investigate the egress problem. Mr. Patillo has informed the Board of Health that indeed there is only one means of egress from that apartment and therefore the apartment cannot be certified as being in compliance with the housing code until a second means of egress has been established. Please contact the Northampton Building Inspectors office. In order to correct the egress problem Please feel free to contact me at the Board of Health office with any questions. Thank you. Very ly y s, Peter J. McErlain Health Agent cc: Building Inspector Anthony Patillo ON BOARD OF HEALTH CITY OF NORTHAMPT MEMBERS MASSACHUSETTS 01060 0 CYNTHIA DOURMASHKIN,R.N.,Chair ANNE BORES,M.D. Rosemarie Karparis,R.N.,MPH PETER J.McERLAIN,Health Agent OFFICE OF THE 210 MAIN STREET (413)587-1214 BOARD OF HEALTH - •NORTHAMPT®N,MA01060 FAX(413)587-1264 , UL Z 6X99 ]�j$ MEMODEPT Of OVrL "',lt�#SFrt 30 TO: Anthony Patillo, Building Commissi r FROM: Peter McErlain, Health Agent U DATE: July 26, 1999 SUBJECT: Status of Egress from 2nd floor at 216 Bridge St. Per our discussion earlier today, an inspection for a certificate of compliance for housing was conducted at the second floor front apartment at 216-218 Bridge Street, (Map 25C Lot 122)by Sanitary Inspector Tim Maginnis. His inspection revealed that there was only one means of egress from that 2nd floor apartment. The Board of Health respectfully requests that a determination be made by your office as to whether or not the 2nd floor apartment at 216-218 Bridge St. has sufficient means of egress. Please contact me with any questions. Thank you for your assistance in this matter. Note: Because this involves the potential transfer of a tenant from one apartment into a subsidized apartment at 216-218 Bridge St. for August 1, 1999, a timely review of this issue would be appreciated. Thanks again �Z BOARD OF HEALTH CITY OF NORTHAMPTON f 4� pr MEMBERS MASSACHUSETTS 01060 CYNTHIA DOURMASHKIN,R.N.,Chair ANNE BURES,M.D. Rosemarie Karparis,R.N.,MPH PETER J.McERLAIN,Health Agent OFFICE OF THE 210 MAIN STREET (413)587-1214 BOARD OF HEALTH - -NORTHAMPTON,MA 01060 FAX(413)587-1264 l.i 1 JL Z 61999 9 i MEMO ©EPTOt SUiiCif;C H i r-11 !trS N TO: Anthony Patillo, Building Commissi r FROM: Peter McErlain, Health Agent DATE: July 26, 1999 SUBJECT: Status of Egress from 2nd floor at 216 Bridge St. Per our discussion earlier today, an inspection for a certificate of compliance for housing was conducted at the second floor front apartment at 216-218 Bridge Street, (Map 25C Lot 122)by Sanitary Inspector Tim Maginnis. His inspection revealed that there was only one means of egress from that 2nd floor apartment. The Board of Health respectfully requests that a determination be made by your office as to whether or not the 2nd floor apartment at 216-218 Bridge St. has sufficient means of egress. Please contact me with any questions. Thank you for your assistance in this matter. Note: Because this involves the potential transfer of a tenant from one apartment into a subsidized apartment at 216-218 Bridge St. for August 1, 1999, a timely review of this issue would be appreciated. Thanks again ATTY'S SHEPPARD&REALL Fax:413-5862937 Mar 17 '00 10:35 P.01 LAW OFFICES WESTERN MASSACHUSETTS LEGAL SERVICES, INC. Franklin/Hemp:hire DMdon A United WOy Agency of Fronklin and Hampshire Counties 20 Hampton Avenue, Suite 100 Nadhompton,Mo. 01060.3890 Tel:(413)$84-40$4-,1400-639-1309 Fax:(417)OU4419 (413)"41-11747 fra"a county Name: Attorney Janet M. Sheppard / r\ Organizolton: lJ From: Kitty Callaghan Date: March 16, 2000 Subject: 13 Elizabeth Street/218 Bridge St. Number of Pages: 2 (includinq tats cov«sheet) FAX Number.886-2937 Recipient Telephone Number. 585-8889 Comments: Attached Is a letter regarding the decision to issue an exit order at the above property. ""'CONf1DMAUTT NOTf"0 The documents actompanybp Mo ta[slmNe kansn*don cankdn Wermafion from the oNlce of Western Mauachusefb lepot>LefY1cN which may be CONHDINML The Yfmm"R"h lnf ded to�M wa w--164`w"wii6i mini on fhk fronsmlllal shell. a you am not Me inteaded recipient,be aware that any use of the eonlents of"I kd6m ftn Is prohbiled. M you haw rec*W*)"tesslmie M errs,pieate nolly ut by Mephone bnmedlatety and return We original messoge to vs of Nq above address by Q►d elms mat. Thank you. inyu—err—�vrhva i vt:- - i!`ti i k i i i IHSS i '.il. MEMO, l I O 51 BUILDINGS, ELEVATORS, r+2NEM ATO�^s'R•°•€'HS C. 143 a - i __t ..r _t C ,.l i.. rl.e.ere r.+�r:al hall .ari.iir }1 Parr iit tvnuvi, vi a .•,�P..�. ..t..�..,. ..., .. {__.._ l i...it Ca.r. , ..r4rh..r. mar+utarhtnnv pstahlichment or •Oullt.�ln2 1 f,a,.. ... ... .. ma iactun est-------------- ' ..r, ••0 .1a11 -e%mnly with thn nrnvisinna of this chapter and the state build- 1 ina code retanve thereto. and sueh DeTSOn shall be hable--to arty person injured for all damages caused by a violation of any of said provisions N ,criminal prosecution For such violation At ml he_bz9= until the lapse of thirty days after such party in control has bt:etLaon. i Red in writing by a ragaal ins toi as to what, shames are necessary 1 to meet the requirements of such provisi-ons, or it such changes taut' t have been trade in accordance with smuh ilvilvE. ttt c iv vi•c �fi l_ t__l. of a .a,Wn Tnt'tnoef t7tr+7 ltrin V� iv i.tc �.ctnv: .•�a3:1,..: <. � .'i;.^,... ,.. -t__ _ ,.i.......,.,.C.l.e 1...a.i:.,.+.. r,art rhPrPnf shall ho Stifiirient •trc iaCt`Svi�iia u,w,tip v. ...� v..�......,4•„r t........._.__.. ._____ __ __________. I P.horP....'IPr t., a11_ memhprc of a_n_v firm or cornoration owning. iPncino' or rnntrollinrr the buildinv or any part thereof. Such notice D c may be served personaiiv or sent by ntaii. 1 1 i a History- 1871, v 4 $L; Issi. !37, ifel, 195; '3 1 09 22, iiY, y nn,. aovo .:nwca . c. tooa 4`51M it to- vQaA 200 R O iAOA AM R8 R7 q9• stl. 1902. 104. 8a sn lid. ictiR. f KS Bd W ST, 1345.544. 6 3: 045. 510: 1972. 802. 333: 1992,fib, 1 1,approved,with emergency prearnble.June 12, 1992 {see IM ? " below!; 1995. 4-15, § 35=approved jar. 14.- 1994, b. x 145, cifective upon • I passage, t Mtoriai Note-- f The 1972 amendment rewrote the section to conform to changes, in prc- irklom of the instani chapter and w,provisions of the state building code. The 1492 amendment inserted the second and third sentences. Section `e of the atntrding,art provides as roilowi; F SECnON 2.'T_ni3 act shall 4C appllC20ir t9 CaI,iSCS 91 aciivn aiming vet vt"I- w fr-. .cam hu nd eighty-eight. Thu !uoa .....�«Y4 ����ILl�A A{ as.v.nyi � A rh:rrt rPnlPnrt•s which read: --Any person who obtains a permit pursuant to the state building code to rest. construct, or dernolish a building or structure 5hall_be-liable to anv � ®� Worker or other person for All injuries and damages that requit froin a tail- --- _. . . . .. - viii do 4!C to prgYlQe .� sate 1YOrKliiace;or GdUScQ by 0 viOtOUOn Vi .nc Inv .,..1.. h.. ..,a.. t.._la.... ..la. and ,.latinna ant.licahle to the t construction site. Nothing in the foregoing sentence shall be construed to ";cnd liability to the employer of a wo:ltcr"n et the provisions of-c saucer one hundred and fifty-two-•• Total Client-Service LibrarA References- � ®� 8 Mass jur. Property 4§25:493.496. ® t t Arn 2 ju r 2d. Buildings §y 32-38. tJdDtllly Fnr r dCarh .,f ., .non! :n it—tr:cal o�ribrrnnnee Or I 1Fe=taclr.67 ALR3d 451, is tta aaa i i MAR-07-2000 10:23 WESTERN MASS LEGAL SERVIC 1 413 585 0418 r.0.5/alb man v it -14 ► it1 /^ AAQ tt...,�T,TF.a i n C A9 ,tl �e A^X� +')nnv)n•r.✓ a.n�.� yr ..n�ona.ra t/�s)aa y7 -X4�7 1888-426,,f-0;-i$92,_419. § 1S8r-1894, 481, §i 31-,_39;_RL 1902. 104, 1<(( � g4 415, 53: i4i3,655, 9.$47, `2_� i9%J 544. $3: lYl1,3102. t 33. EditoriatNote— The 1972 amendment deleted the words "subiecr to sections fifteen to sixty,inclusive'. I 1 Vta1■ I.t..a•.a)ca)a•aca T O _.. r..- 0;....-.- R 2'AGE 1 v ..aaaa_l u•, a•a,Mc.a� � r..i.�v 3. QA A.... �L..2d, Hiihw.-y+. Surcc a,. ....d Bri.d..yc. 1,111 251. 151. Ann*tafions-- ` Liability-sf innkeeper to-pucst for injury due to fire. 60 ALR3d 1217. 91► AA_AQ ron__,1 azv a rn-7o 4nn a ao 1 Y v �"Z—iJ• tAC�tE a . a�•c. vvf., � J(..� V 450. Penalty for Hiitde?ring-Insttector.- Anv rnnrcnn whn hi"Asbrc nr nrPV rvtQ nr arras nt to nrovant whe 1nr-.'a r-_----- ---- f commissioner, the chief of inspections of the department or anv inspector or local inspector from entering anv building, structure or enclosure or part -thereof in the performance of his duty in the enforcement of the laws-of the com-monwealth,'relating thereto shall _bAe-punished�` a fine of riat-Acm _than--1 fty rror more than one hundred-dollars. Ihe word 'inspectar" as used in this section, span lnciude an lnspectox oS Luutijn-p or-t�?sY!!, or of a crFlrf rC1CFFt'Q 44) in 5cktivo tvur n pa charier twentv•twv. M4. 450,a✓V4.-458, 11 12. 1905. 389:- 4 2: r9-Y8; 055, t 49 1945. 472: 1972. 802, k § ga. oriaj Anc 19e2 aflmcnwmrnt rcwrolc me acctwn w rnc:uuc wca, n,aYccw,a a,•.. -tt6 �n rtar:fv tha wnrrt'•:.+ennnnr" ToW Clieni-Service LibraryS Reierences- 1' 8-Mass Jiu,-Property y 2'):492. r; !` 58 Art,Jur 2d, Obstructing justice #' R K 1 n,_...;.. r._)_ r ..s a__m.:=3 r: L i_r.._n__._grs Ps•-*-A by V*-^VD mete! C_ivif and C:rimiesavU21hi rety fisr.Vinlatinnc_. i )uc vi�iii. •ca>cc. •Tivii�w7�CCC ii:Yv:$c»ivi.vi v��.iiNwi•i, vim:��. •• - �'� pr MAR-07-2000 10:23 WESTERN MASS LEGAL SERUIC 1 415 5ti5 b41b r.UZ ern i-A W ytl°-iC i, WESTERN MASSACHUSETTS LEGAL SERVICES,INC. Franklinfflampshke Division A United way Agency of Franklin and Hampshire Counties 20HAMP-TON AVENUE,SUITE 100 NORTHAMP30N,MA 01060.3890 TEL; (413)584-4034;1-800.039-1309 FAX(413)585-0418 (413)774-3747 Franklin County March 3,2000 Attorney Janet M. Sheppard 76 Masonic Street Northampton, MA 01060 RE: 13 Elizabeth Street Dear Attorney Sheppard: i-spo a with the-building Commissioner Anthony Patillo about the above property. We discussed two options for dealing with the failure on the-part of Bruce Fogel to make meaningful progress in-addressing the egress problem for-his two tenants on Elizabeth Street. The building commissioner could issue the two tenants a vacate-order or he could start criminal proceedings against the landlord. It is my understanding that you will be meeting with Commissioner Patillo on Monday to make a decision on the next course of action. i do not think that the city should order the two tenants to vacate the building simply because their landlord has--not abided by the building-cede laws-. This does get the building up to code. It penalizes the tenant who has reported the egress problem to the proper authorities. -Additionally, based on the low vacancy rate in Northampton it also puts both tenants in danger of becoming homeless. i hope that you will seriously-c©nsider-the--option of criminal proceedings pursuant to M.G_L.I4f, § 51. jAttached) & ccordance with-that status the fast step would be for the building inspector to give Bruce Fogel thirty ays wn en notice of the violation of the buildings and-the-changes--that are necessary tororreet said violation3 if Mr.Fclrel has not been given this notice then this would be the next step to take, -Fwthese-reasonsl hope-that you wiilidecide to take the steps to secure compliance with the building code and if necessary to bring a-erirminal-prosecution Please give me a call if you have any questions about this, Nine feiy, FAX Kitty Callaghan Managing Attorney MAR-07-2000 1023 WESTERN MASS LEGAL SERVIC 1 41J 5b5 U41d r.�UID LAW OFFICES p7 `v e—1 1NE HAN MASSACHUSFTTSIE AE SERVICES, INC. Frankiln/Hampshire Division Minded W-oy Agencyof Franklin and Hampshire Counties 2E1 Hampton Avenue, Suite 100 -Northampton, Mo. 01060-3890_ iei:(413)584-4U34',1-800-639-1309 L FOX:(413)585-0418 (413)774-3747 franklln County Name:An#x"rf 4katN{0 ii organization. Noethompton-Buoina Department From: Kitty-Caliaahon bete- Mdr, 7 7nnn 7 2000 SL4%ie.-4- to �...... v Fo11wW.Qk�C4n.■ HcnrJrr Via uVYrg si:ng %.-.Ouu�f Number of Pages: 4 (inciuding tax cover sheet) FAX Number=587-1272 Recipient Telephone Number: 587-1240 Comments- Affarhoe'1 ie the% IPtte►r#he,# 1 IF g% 40% r..-—& is the letter that is going 4o the Majority-Leader vind a news article concerning recent housing court developments. Would you be wiping 1"gnon to the letter-to—Noole? "41'WNfIDMT1AUTY!MOTE"-" Thedetum/!ntR nfrn►nanwvinw rhle ti..--u-+U-r-........+...r-----'-`_'_'-_--"--•--...••. -•• •.-. - ,---_____- ----,,_,�___,_,a......,.w.......a.wow...+--wo..vuww,.rnwrmvnvrt.rom rnC QnlGe Or•IQSrern Mai9aCrlUienf Legal Services which maybe CONFIDENTIAL. The information Is Intended In be fm th« this transmittal sheet.-N you are 11at theaniendecHeclplent.be aware that any use of the contents of this Information Is jeii have received ibis iacsimne in error,please notify us by telephone Immediately and return the original message to us at the above address by first class mail. Thank you. -8-: MAIM P nG_;97 1 A:24 •,k�4L�Z atat-ewl -Aae management aystern- mental budget clie cour-.1- ambibous Trorn-a A Mather dmsppviw -de ult iov _L n I To —dress thai-f skeent•_&rr IteftV iaf Q _ ;a, 'c 3t, or pre, *3j^62 ibC Lefri IFY inabili 4r it A 3&, �-wiu III yinanin 4 r 'Association. .,oja(uro approvei r .1- it? 1% ..4 611 L-- -- - - . ;;.-"a—I, in 1k ai Vim thC CAV ti, 4•. for its ioasing of vtkr ,4!Zl!zl .4. un M, in conjunction with inkicirtt'hearinirs 1�aj tha ol., Ale- ^W t relations r1i,. has alloCated al:iout 1123S million -11,:�,, I. Court officials •say the project four or five , "Ale-need to the li4alatuira exact- Boston which eurv�.i ,,dj rualy -to offer 13 ex-Midgwri To,"could f-el-ult in fihi.6 iy wnpre t I iIe tfuniis axt beiriq spent and -ee c a M"in b'L-I i- Y GTace noted. Superior Court. Tht 1. m ar e, lluji-Ir.- pill 3 urk %ill 41-0 ccuj; ;"it. A"�runzcally,viewing court.d-o-cke-ts "c'; "t"'Te Co r the AD? Limah;-Z 4tt on law offire c H?ft!V aproArl A_: a,-:d 4dZ_=a.tZ-;, tidy in 2001. wine pains of so better communicating accomplish- rts, eating court hearings,(See•'CoMoUter Au %It cult to gat ffunffing for tBMA6011 PI&A Of Courts S'IuWiy N110Ve3 tnelo-' concapta,�he oa4dd.'Ifa FOJ`Ward,�OCE_18-) The House awTeilA .us _J#VQ YVU C—=:; `.hi c Ulu. "Ic icaso money_ri money on h Awmnalzzs, acco-Jilij to afrace, were .1.e annual operstirgo ie from the pitcho battle the yr-ject.insteai of devoting ail orittoup- unable to override !1.2 ih. S More astermine nuchad hard by privatg grading"utoment and infrilf"IrIicture. in.....:on slotted .'or 1-Jeefing up courthouse n-4_i cu, - . . - . ;- - - � Y expJain xne-low nutyt,- -t rc tr)nr,&to cartvince tha de* ala- 3starty statiiwidet particularly i.--thty 1= housa fundins,hill, %27:-, Pure t-- fund the Arv-v ;vtjipuiqir veniie Court. W221-ld DC QJF -4%44 L113 Is havilie an n'i d ADR,�July S.I technicians and prorrarnma- GECU.�it Y jillizit ge ex- xea o! the the state,'Grace said uc-6a veto of the provi- annual Sala. account,"Grace said. handed througlinut the mitatp, A On-Tv-�- in& ditticuity making J)--Ave abolished exclu. F I L'bur14"ve &CM30 tna t T^ 14A A.;A 040 IA... OVA] I r N_ qk- thuuso funding bib ca) _r&net 1 11.0% de U.-I-TITe wha'nthe the Division ofCaopital on Housing Court 1-Yi i P_m-m a I releases the f�inds.but 1ch fight over the rider bu,Z16 ihe governor anL 'awfiviAlLura on the tite Homing 1,115t A bu(imt rilia p-ior to the ermd of the lIeL-islative if ==y, And w:'.;;I .d a�udie w, c,4 ni Lanai arasion 1 cuesions with the LAo- acted over tht issue of i once a month croAteli a P 1 i trl,U, "Ut aot vetv LI't, Y- run- 1 supplement he remarked. soon-hoope to'rv'with.new lezislation. sion. money':it,a On the plus side oft-he court ofec.-ais might The couTt — curritittly authorized by I& - .- .. - - - .7 L literally •alipped throug'a the I ;w�itjl) t1it i�*dusive I sti-tvLt:W lieer cases in-hoston s6no vot- cr%cka.'Lewinsa_,4 cured Wit tundtng for fr �: - -j7 - 7 -, ,ii563 Piv -Likina,wiucr&pi MOrldlylll netAAA I--A- 611A CftllV1ti-e-111h E. Crorge Daher. chief justice of the ca A h !rv,-n!-rr zr the Multiple ADR I pder,—clainis it doesn't'nave-i urisdirtirin Hoil-Allig Ctm in-11,ttsAtld,�alone Berkshu—Ccr=nty sending a judge e to Pittsfield. "but we I SLaphen j. Finnegan. j Some ieesiative feathers were ruffled need a juriso',utilanal grant.- Lawmakers-also saw fficis";raisEdk"'IlLcit Dither said. pending lerp. sl2tion that Ong for Mild care ccntle- �esn*t gone awQv--Wa i to lawmakers. wo.-All c.:-_tt�u"Pd-icti"N.i-thii cijur-.lu 1 huu,,vla'Graft noWd, Op".,aj-9 mattgrT hero N.-Tark C. Montigny, D-New Bedford. the four western Nlas_%achLL_qett_q enu,tiob A !.,.diet Pd Ct tv t Vo�1 i a 2 00fl 1 1 Spriatp ciiatr of the Ways "d Means Merks-Intre, 1 9. 1111ampshi-IT, and j standing clLstlute betwe i.1-UL4a Ila- 4,t) could be pat-k-are -with. thle. Family bout:and regret I 1__--initt z. •wai ct�cviii;y quote4i in the rank d ve been in- yeer,-, Boaton Herald all oni% t--h--- 1.4.=1 m; n C W 1.: 1 staffing�A provi Court judges were 1azy...land they did. "Mv hone ON that XnV I . - de the vast niAlorltv of I ___t creares eve new admini, I Aq want to put evra wesr at,' tear or, :hailed to Pittsfield,' Daher said. v. i The state sin the name of I IL., '. -!nay get ing a judge just go to F% Id w"I -rtly to or rinkic their rooe. i will irtswer dirL- their lifetim- --nd thty foqit tj as ii!Tkiive a5 it regional - ---------- court.-- -Zd wuw%.urn- ! had complainild Lhey "a, "ley still serve the taxpayers.' rn.,� Y...ige jtL#4,=7 M.jk�.- d law. which wIA I ;aa m i n istrative supp-ort- the larsh public rebuke.now said the apparent jurisdictional ch ch i . . I I tie rider c-re-a-es one shat the extenaiwe 44is-laituti Witt oe riled Soon W P*Mit the couldAlaw lawmakera to focus 0-1 pruvid- I v.__- of hga�-Orzi!L--hi,IT C,5,ni* ing the murt a broader grant oraut-hority. 1 as vpo9e�2 by the&iC- " I fn L;,,FTnIk Plaw - I A.A cases,accordine LAcnar L, Lewin el%;-f Tr 0%. o .. . —r,,- vvzn. legal couruel-,Q Gov.A. Paul Cellucci. the riousint,Court,honi%N-HY it uAll all--- I T-he provision,howeve 'et sent bV the 1,04,12 ex-m-a aswivaim regit - I Lewin said he expect4 pitasect of such the court to provide-meaningful service I . ...G $ Q bi.". ;0 jays of* to the public� silting_one day a month I solely answerable to fir mniference cominittee I - . m3 ming. - 1 1-1 'y Lewin Atrnl�UtPA Ph& A-Pa.. C-r -4 - 11 zi Whole l'ok of new 66.i.&Farnil C vice rr u %.Qurt sion to the last•minute flurry or activity Winilk nitiri WhPrl the Letslature gen, the months- would have placed the a %_ .-I the text of the pro- '.d&i in ih'.' llmv�D.Ho-wwTow governor for any v-tuAs under their cont.".1, wh; resistance from th-cour T01T.HL P.Ot; I-.- ii " =_sa-`- etb-lh)u�'ng C---uri Coalft' VT v-steMI AIM IMUS a 11 SI - Lion 38 I-Lienry Street Northampton, MA 01060 W A t. 'r -InAn 1VIaTC11. V V N/Ia,ollft,yr La-auder Room j A pvv:vii, It A V ....... Mass. Homing Court was essenl' in i Vul ZUVIAj!L iVI LUC UbUIVIlbillImLL U! V-'I;; t LIal adva-ll issue several year ago. �i gual presents itsel-If. L IJA%w-VFFVI 111311011 U11 ast years budget contained to admirals I which earrrarke-' $1 -' OVO.00 r -nistrative court gtaff in Pittsfield DIM. I V.3.30 VUU G i 40. V w*th frie proviso that a Hous na Court 'udoe he to sit in Pitt fidd at I—st one day a i I i - -- --- --- —---- --j - month The finvi-irnnr haS ajLvj0jijCeA 'k;o =— cc# ---A 4r- W-addir-css ine mu-nut-lue oi nouSing ;Celiac ;n --A great _ Ler eVer. A� 441 GLLAU lUUAVie Ib 11"U WAn the recent V, ofasecon-I judge turuich npuen County Housing Court and with Rinds for a i'p,.q th2n hunited, er or-L staff in the'A"Y2000 budjeet,the costs-for such an expansi on are even - when you sui)Dorted the initiative. C*nief Justice T)ahernrthp,14nvic:incyi'nUrtT-Iov%.,%,4---+!%.� also indlented his ClinnArr fnr an X A----- --- - U& WA T— LUAII IVIC1ZJ41AIU5CUN- i,Ae- mj Hissing Court Coalition-who work for boards of health, erg oftha We% M kAaee. represent 1 11--rds W-1 d tenants, provide social services and rnariaiw public ' ousing hone that with Y our auidance and leader-hip-the legislanire Un'll cpi7m thic^p"niihi"ifty fe 11y4 resourres.in the mnqt f4fPotivo %-A counties, the larp_est area wnserved by a housing court, not the C--V of P-". sf---Idz wiellook forward to a meeting with you to provide you w tli further information to - facilitatc this most needed resource in our area. On behalf of the Coalition FOGEL, FOGEL, GERARD & GHAZEY, P.C. ATTORNEYS AT LAW 78 MAIN STREET 1391 MAIN STREET4 uA KY pp NORTHAMPTON,MA 01060 SPRINGFIELD,MA Ol ' 6W 1 413-582.1225 413-784-0400 BRUCE M.FOGEL DEFT OF PETER M.GERARD* Or�i lt�t '+' d` $T{ ED ROBERT G.GHAZEY PLEASE RESPOND TO September 14, 1999 NORTHAMPTON OFFICE LISA L.HALBERT Se 1)` FAX: (413)582-1233 *ALSO ADMITTED TO CONNECTICUT BAR Peter J. McErlain, Health Agent Board of Health 210 Main Street Northampton, MA 01060 Re: Buildiniz at 216 Bridize Street Dear Peter: As you know I received a copy of a letter from you dated August 13, 1999 with regard to the issue of a second means of egress for the second floor apartments at the Bridge Street building. At the time, you indicated to me that you were going to talk with Anthony Patillo, the City Building Inspector with regard to the situation and thereafter we would try to speak about the issue together. As I had told you in our conversation, my understanding of the rules as they apply to the situation, is that since I have not made any substantial changes to the building, the egress issue is grandfathered, such that the routes of departure in the event of a fire are adequate as the building exists. In fact, in spite of the lack of a `literal' second egress, both apartments have alternative means of exiting the premises. In the case of the front apartment, there is a front porch which would allow for someone to get out if the stairwell were involved. The rear apartment also has the same situation where there is a door off the kitchen, which accesses the flat roof at the rear of the building. I do not want you to think that I had forgotten this matter so I am sending you this letter. I am sending a copy of this letter to Mr. Patillo as well, so that we might resolve this issue once and for all. I appreciate your continued assistance in connection with addressing this matter. Very r y yours, Bruce M. F 1, Esquire BMF:jms cc: Anthony Patillo ✓ Helen S. Andrews (NHA) Nf:%USERS\1 MS\0 M11F\NI I SC LTRS\mcerlaltr,u pd 4,90, ��tUVtp�, Q-Hf� of Xart4aiiipton M � � 8 �xssscliusctis B � �* DEPARTMENT OF BUILDUNG INSPECTIONS 212 Main Street a Municipal Building INSPECTOR Northampton, MA 01060 September 21, 1999 Attorney Bruce Fogel 78 Main Street Northampton,MA 01060 Dear Attorney Fogel, Re: 218 Bridge Street On September 20 1 went to apartment#1 1 at your property in response to a complaint from the occupant, Lawrence Dion. Mr. Dion stated that when lie moved into the apartment,lie was assured that there were two means of egress available to him. He told me that a few months ago,the tenant in the adjoining apartment had blocked the second exit. While I was there,he opened a door from his kitchen and showed me framing, insulation and sheetrock blocking the exit. Chapter 1 of the Massachusetts 6`h edition, State Building Code section 101.4 clearly states that adequate means of egress must be maintained. As this tenant lives on the second floor and is concerned about this situation,please inform this office of your intentions concerning this matter. Sincerely, t Stanley Szewczyk Building Inspector City of Northampton Enclosure BOARD OF HEALTH CITY OF NORTHAMPTON MEMBERS MASSACHUSETTS 01060 { ' CYNTHIA DOURMASHKIN,R.N.,Chair ANNE BURES,M.D. ROSEMARIE KARPARIS,R.N.,MPH OFFICE OF THE 210 MAIN STREET PETER J.McERLA1N,Health Agent NORTHAMPTON,MA 01060`r- BOARD OF HEALTH (413)587-1214 FAX(413)587-1221 All 16 1999 August 13, 1999 COPY Attorney Bruce M. Fogel 78 Main Street Northampton, MA 01060 Re: Certificate of Compliance—216 Bridge St. Dear Attorney Fogel: You have recently requested that a housing code inspection be conducted in the 2nd floor, front apartment in a dwelling you own at 216 Bridge St.,Northampton. The purpose of the inspection was to verify that the apartment was in compliance with the requirements of the state sanitary code. An inspection was conducted by registered Sanitarian Timothy Maginnis on 7/23/99. That inspection revealed that there were a couple of minor code violations in the interior hallway (cracked walls and paint peeling from the ceiling). In addition Mr. Maginnis noted that there was only one means of egress from that apartment. City Building Inspector, Anthony Patillo was asked to investigate the egress problem. Mr. Patillo has informed the Board of Health that indeed there is only one means of egress from that apartment and therefore the apartment cannot be certified as being in compliance with the housing code until a second means of egress has been established. Please contact the Northampton Building Inspectors office. In order to correct the egress problem Please feel free to contact me at the Board of Health office with any questions. Thank you. Very ly y rs, Peter J. McErlain Health Agent cc: Building Inspector Anthony Patillo aY The Northampton Board of Health has inspected the premises at 11 Elizabeth Steet, 2"d Fl., Northampton, MA (assessor's map 25C parcel 22 .), for compliance with Chapter 11 of the State Sanitary Code. This letter will certify that the inspections revealed violations listed below, which are serious enough as to endanger or materially impair the health, safety, and well-being of the occupants. Under authority of Chapter 111, Section 127 of the Massachusetts General Laws, and Chapter II of the State Sanitary Code, you are hereby ordered to make a good faith effort to correct the following violations within FOURTEEN DAYS of the receipt of this order. REGULATION VIOLATION REMEDY 410.450 No 2"d means of safe egress from this Provide an approved 2"d means of 2"d floor apartment, as required egress from this apartment. All work under the Massachusetts State and permits required must be obtained Building Code and this Housing and approved by the Northampton Code. Building Commissioner's Office. Inspection of the premises was made on November 1, 1999 at approximately 11:00 am. An inspection was initially made by Stanley Szewczyk, a Northampton Building Inspector, on September 20, 1999. As a result of his findings, he sent a letter outlining the violation and requesting that you respond with a plan of action to correct. To date, I am not aware of any plan being submitted. Since the Housing Code deems this violation a condition which endangers the occupant, I'm am hereby ordering you to respond to the Board of Health, in writing, within ten days of the receipt of this notice, detailing exactly what action you will take to abate said condition and a timetable for completion of the work. _Y�+. If you have any questions regarding this abatement order contact the Board of Health office. Very truly your , David E. Kochan Sanitary Inspector Northampton Board of Health This inspection report is signed and certified under the pains and penalties of perjury. CERTIFIED MAIL#Z 537 532 201 cc: Stanley Szewczyk Northampton Building Commissioner's Office BOARD OF HEALTH MEMBERS CITY OF NORTHAMPTON CYNTHIA DOURMASHKIN,R.N., Chairman MASSACHUSETTS 01060 ANNE BURES,M.D. ( C ROSEMARIE KARPARIS,R.N.,M.P.H. PETER J.McERLAIN,Health Agent OFFICE OF THE (413) 14 BOARD OF HEALTH 210 MAIN STREET FAX(413)3)587 587--1264 01060 ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT: Y1? qy3-/OS: 11 Elizabeth Street, 2nd Floor Apartment, Northampton, MA 01060 DATE: November 1 , 1999 '; ORDER ADDRESSED TO: Bruce M. Fogel ,S•. 78 Main Street eJu - 2 E Northampton, MA 01060 ��F,T, DEPT OF SJILO NG IP! aS r COPIES OF REPORT TO: Lawrence F. Dionne �~ P.O. Box 1104 Amherst, MA 01004-1104 This is an important legal document. It may effect your rights. You may obtain a translation of this form at: Isto a um documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradgao deste documento de: Le suivante est un important document legal. II pourrait affectar vos i droits. Vous pouvez obtenir une traduction de cette forme tl: Questo a un documento legale importante. Potrebbe avere effectto sui suoi diritti. Lei puo ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccion de esta forma en: To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: NORTHAMPTON BOARD OF HEALTH City Hall, 210 Main Street Northampton, MA 01060 Tel #: (413) 587 - 1214 INNONNOMMMW t THE FOLLOWING IS A BRIEF SUMMARY OF SOME OF THE LEGAL REMEDIES 1. RENT WITHHOLDING(GENERAL LAWS,CHAPTER 239,SECTION 8A) If Code Violations are not being corrected you may be entitled to hold back your rent payments. You can do this without being evicted if: A. You can prove that your dwelling unit or common areas contain code violations which are serious enough to endanger or materially impair your health or safety and that your landlord knew about the violations before you were behind in rent. B. You did not cause the violations and they can be repaired while you continue to live in the building or apartment. C. 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 rent money aside in a safe place.) 2. REPAIR AND DEDUCT(GENERAL LAWS CHAPTER 111,SECTION 127L) The law sometimes allows you to use your rent money to make the repairs yourself. If your local code enforcement agency certifies that there are code violations which seriously endanger or materially impair your health,safety or well-being and your landlord has received written notice of the violations,you may be able to use this remedy. If the owner fails to begin necessary repairs(or to enter into a written contract to have them made) within five days after notice or to complete repairs within fourteen days after the notice you can use up to four months'rent in any one year to make the repairs. 3. RETALIATORY RENT INCREASES OR EVICTIONS PROHIBITED(GENERAL LAWS CHAPTER 186,SECTION 18 AND CHAPTER 239,SECTION 2A) The owner may not increase your rent or evict you in retaliation for making a complaint to the local enforcement agency about code violations. If the owner raises your rent or tries to evict within six months after you have made the complaint he or she will have to show a good reason for the increase or eviction which is unrelated to your complaint. You may be able to sue the landlord for damages if he or she tried this. 4. RENT RECEIVERSHIP(GENERAL LAWS CHAPTER 111,SECTIONS C-H) The occupants and/or the Board of Health may petition the District or Superior Court to allow rent to be paid into court rather than to the owner. The court may appoint a"receiver"who may spend as much of the rent money as is needed to correct the violation(s). The receiver is not subject to a spending limitation of four months' rent. 5. BREACH OF WARRANTY OR HABITABILITY You may be entitled to sue your landlord to have all or some of your rent returned if your dwelling unit does not meet minimum standards of human habitability. 6. UNFAIR AND DECEPTIVE PRACTICES(GENERAL LAWS CHAPTER 93A) Renting an apartment with code violations is a violation of the Consumer Protection Regulations for which you may sue an owner. THE INFORMATION PRESENTED ABOVE IS JUST A SUMMARY OF THE LAW. BEFORE YOU DECIDE TO WITHHOLD YOUR RENT OR TAKE OTHER LEGAL ACTION,IT IS ADVISABLE THAT YOU CONSULT AN ATTORNEY. IF YOU CANNOT AFFORD AT ATTORNEY,YOU SHOULD CONTACT THE NEAREST LEGAL SERVICES OFFICE WHICH IS: WESTERN MASSACHUSETTS LEGAL SERVICES 584 - 4034 20 HAMPTON AVENUE, SUITE 100, NORTHAMPTON, MA 01060 J HEARING Persons have the right to seek a modification of an order. To accomplish a modification, a person must file in writing a petition for a hearing before the Board of Health. Petitions must be filed on time in accordance with the regulations below: A. Any person or persons upon whom any order has been served pursuant to any regulation of this code (except for an order issued after the requirements of Regulation 33.2 have been satisfied); provided, such petition must be filed within seven days after the day the ordered was served; B: Any person aggrieved by the failure of any inspector(s) or other personnel of the Board of Health: 1. to inspect upon request any premises as required under this code; provided, such petition must be filed within thirty days after such inspection was requested; or 2. to issue a report on an inspection as required by this code; provided, such petition must be filed within thirty days after the inspection; or 3. upon an inspection to find violations of this Article where such violations are claimed to exist or to certify that a violation or combination of violations may endanger or materially impair the health or safety and well- being of the occupant(s) of the premises; provided, such petition must be filed within thirty days after receipt of the inspection report; or 4. to issue an order as required by Regulation 33.1; provided, that such petition must be filed within thirty days after the receipt of the inspection report. Any person upon whom this order has been served, or any person aggrieved by the failure of the inspector to perform as enumerated above, has the right to be represented at a hearing and any adverse party has a right to appear at said hearing. PUBLIC DOCUMENTS All relevant inspection or investigation reports, orders, notices, and other documentary information in the possession of the Board of Health are open for inspection and may be copied for a fee. REMEDIES AND PENALTIES Part of the Inspection Report contains a brief summary of some legal remedies tenants may use in order to get Housing Code violations corrected. Failure to comply with this order also subjects the person ordered to a criminal fine of not less than ten ($10.00) dollars, nor more than five hundred ($500.00) dollars for each day's failure to comply with this order. If you have any questions regarding this abatement order contact the Board of Health office. Very truly your David E. Kochan Sanitary Inspector Northampton Board of Health This inspection report is signed and certified under the pains and penalties of perjury. CERTIFIED MAIL#Z 537 532 201 cc: Stanley Szewczyk Northampton Building Commissioner's Office The Northampton Board of Health has inspected the premises at 11 Elizabeth Steet, 2"d FI., Northampton, MA (assessor's map 25C parcel 22 .), for compliance with Chapter II of the State Sanitary Code. This letter will certify that the inspections revealed violations listed below, which are serious enough as to endanger or materially impair the health, safety, and well-being of the occupants. Under authority of Chapter III, Section 127 of the Massachusetts General Laws, and Chapter II of the State Sanitary Code, you are hereby ordered to make a good faith effort to correct the following violations within FOURTEEN DAYS of the receipt of this order. REGULATION VIOLATION REMEDY 410.450 No 2"d means of safe egress from this Provide an approved 2"d means of 2nd floor apartment, as required egress from this apartment. All work under the Massachusetts State and permits required must be obtained Building Code and this Housing and approved by the Northampton Code. Building Commissioner's Office. Inspection of the premises was made on November 1, 1999 at approximately 11:00 am. An inspection was initially made by Stanley Szewczyk, a Northampton Building Inspector, on September 20, 1999. As a result of his findings, he sent a letter outlining the violation and requesting that you respond with a plan of action to correct. To date, I am not aware of any plan being submitted. Since the Housing Code deems this violation a condition which endangers the occupant, I'm am hereby ordering you to respond to the Board of Health, in writing, within ten days of the receipt of this notice, detailing exactly what action you will take to abate said condition and a timetable for completion of the work. BOARD OF HEALTH CITY OF NORTHAMPTON MEMBERS CYNTHIA DOURMASHKIN,R.N., Chairman MASSACHUSETTS 01060 ANNE BURES,M.D. l ROSEMARIE KARPARIS,R.N.,M.P.H. PETER J.McERLAIN,Health Agent OFFICE OF THE (413)587 14 BOARD OF HEALTH 210 MAIN STREET FAX(413}587 7-1264 01060 ORDER TO CORRECT VIOLATIONS OF CHAPTER II OF THE STATE SANITARY CODE "MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AT: 11 Elizabeth Street, 2"d Floor Apartment, Northampton, MA 01060 DATE: November 1, 1999 ORDER ADDRESSED TO: Bruce M. Fogel C 0 so XMIF 78 Main Street _ 2 Northampton, MA 01060 DEPT OF SUILQING IN�PECTlOhS COPIES OF REPORT TO: Lawrence F. Dionne P.O. Box 1104 Amherst, MA 01004-1104 This is an important legal document. It may effect your rights. You may obtain a translation of this form at: Isto a um documento legal muito importante que podera afectar os seus direitos. Podem adquirir uma tradgao deste documento de: Le suivante est un important document legal. II pourrait affectar vos dr oits. `✓ous pouvez obtenir une traduction de cette forme a: Questo a un documento legate importante. Potrebbe avere effectto sui suoi diritti. Lei puo ottenere una traduzione di questo modulo a: Este es un documento legal importante. Puede que afecte sus direchos. Ud. Puede adquirir una tradccion de esta forma en: To jest wazne legalny dokument. To moze miec wplyw na twoje uprawnienia. Mozesz uzyskac tlumaczenie teo dokumentu w ofisie: NORTHAMPTON BOARD OF HEALTH City Hall, 210 Main Street Northampton, MA 01060 Tel #: (413) 587- 1214 Sent By: HP LaserJet 3100; 4135821233; mar--c-vzi c.YJ, . _ kKl. WGLUINU PAGE 02 1 . r ~ ( 1 AN I t /MV/////// / -� 111 i(il(lift, �,, I IIIIlIIII!! as 11111111111 ( 111111 1 1111 lo. it !il I \\\\\\\\\\\\\ •, ' - -i- l II11111111111 1 _I1�I�j�., UN I � r I f 1111111(lIIII `� 1.._ I t((I( (It(Iill �' �� j`a� -r I III tlffllk111 I lil i 1 !1111111 C I I 1 i IltlfkillilH I I ► I� ,• I 72V7 W —37 7077, 32 J jo j asEd ,g7 i FW= JW gW . i '�/ a Q'*"My-V bkt 1 Vi as M - Vajr 0,,VJ -Wiiv� i vv*iv v�U�1alY a Y�,L c:cnrn uiu " r ! rrrT%.r 3 a-+v 4 V v Jr It A%Cl JL%4 V rl (T�idCl?t Tyl ,u M. lJ- lLTUU � :I w r ay ► Y %il It V 1 LLt !)l !(T'T�M 1NH VIE a6Ud I•SV:Z 66-Z-uuW !CmeBSEty !00X lOrJOSOI dH :A9 ju2S selective enforcement of state and local code regulations, which, it seems to me at least, could be inferred in a court of law if an order to `exit or quit' is sent to just one of the affected occupants. I am not sure about the actual legalities here but I do certainly feel that the current egress conditions at this dwelling represent a danger to both of the 2nd floor tenants. I also felt obligated to go on record opposing the issuance of just one order "to quit or vacate." since both the current upstairs tenants are living under the same fire safety threat and also for the other reasons I just mentioned above. Additionally, if you still feel that you must physically view this apartment where conditions have all but been conceded, I would recommend that you make arrangements to inspect the premises as soon as is possible. I would gladly accompany you should you wish me to do so. The longer this continues, the longer the dangerous fire safety hazard exists. I welcome any comments or ideas you might have regarding the issues I've brought up here. Thank you for your consideration in this difficult matter. AOft- cc: Atty. Janet Sheppard Stanley Szewczyk, Asst. Building Inspector BOARD OF HEALTH MEMBERS CITY OF NORTHAMPTON t CYNTHIA DOURMASHKIN,R.N.,Chair MASSACHUSETTS 01060 ANNE BURES,M.D. r { rF ROSEMARIE KARPARIS,R.N.,M.P.H. PETER J.McERLAIN,Health Agent OFFICE OF THE (413)587 14 BOARD OF HEALTH FAX(413)587-1221 210 MAIN STREET ---- 01060 To: Anthony Patillo, Building Inspector 5 2U - From: David E. KochanWf I)EpT Of 8U11 !f3G 4HSPECT10tY Date: March 15, 2000 RE: Ongoing Egress Violations at 216 —218 Bridge St. (11 — 13 Elizabeth St.) Per our telephone conversation of March 13`h, you informed me that, upon the advice of Atty. Janet Sheppard, you are going to issue a "notice to exit or quit the remises" to Lawrence Dionne, complainant and occupant of 11 Elizabeth Street, 2'y floor back apartment. As we are both aware there is currently no legal 2nd means of egress from either 2„d floor apartment at this residence. If you are willing to send "a notice to quit or exit"to the complainant, I must assume that you have determined that the egress situation '+* is serious enough so as to materially effect the safety and well-being of the occupant. While I agree with such an assessment, I, in good conscience, strongly suggest that you also send a"notice to exit or quit the premises" to the other 2nd floor occupant on the Bridge Street side of the dwelling. Conditions in the front 2nd floor apartment mirror the apartment of Mr. Dionne, with the only 2nd means of egress being a locked door between the two apartments. The fact that you, the assistant building inspector, or myself for that matter, have never actually entered this front apartment to view said conditions should in no way negate the fact that the violation there does exist and the danger is quite real. In fact the existing egresses for this front 2nd floor apartment have never been a "bone of contention" and would seem to me to be a conceded issue at this by anyone, including the owner. In fact, at the Board of Health hearing before District Court Clerk Karen Humphrieff and at the hearing at Atty. Sheppard's office, Mr. Fogel was more than willing to draw sketches of both 2nd floor apartments in order to demonstrate the common locked egress between the two units. Also, while we were all at the Elizabeth Street site to view the property, it seems to me that all talk of fire escapes and corrective resolutions involved corrective action for both 2nd floor dwelling units, not just one. Once a determination of conditions is made, it is my belief that any order issued after this determination should actually be sent to all occupants whose premises are affected and could be in danger. By sending orders to both affected occupants, you may effectively eliminate any overlying suggestion of city liability, impropriety, or otherwise selective enforcement of state and local code regulations, which, it seems to me at least, could be inferred in a court of law if an order to `exit or quit' is sent to just one of the affected occupants. I am not sure about the actual legalities here but I do certainly feel that the current egress conditions at this dwelling represent a danger to both of the 2nd floor tenants. I also felt obligated to go on record opposing the issuance of just one order "to quit or vacate." since both the current upstairs tenants are living under the same fire safety threat and also for the other reasons I just mentioned above. Additionally, if you still feel that you must physically view this apartment where conditions have all but been conceded, I would recommend that you make arrangements to inspect the premises as soon as is possible. I would gladly accompany you should you wish me to do so. The longer this continues, the longer the dangerous fire safety hazard exists. I welcome any comments or ideas you might have regarding the issues I've brought up here. Thank you for your consideration in this difficult matter. cc: Atty. Janet Sheppard Stanley Szewczyk, Asst. Building Inspector ' BOARD OF HEALTH CITY OF NORTHAMPTON MEMBERS CYNTHIA DOURMASHKIN,R.N.,Chair MASSACHUSETTS 01060 ANNE BURES,M.D. ■ r ROSEMARIE KARPARIS,R.N.,M.P.H. ,.a PETER J.McERLAIN,Health Agent OFFICE OF THE (413)587—1214 BOARD OF HEALTH (� FAX(413)587-1221 [� IN STREET tl 1 5 ?WT TON,MA 01060 To: Anthony Patillo, Building Inspector nEp�t of Bd}ti !�G,It�SPECSi6�� From: David E. Koch Date: March 15, 2000 RE: Ongoing Egress Violations at 216—218 Bridge St. (11 — 13 Elizabeth St.) Per our telephone conversation of March 13`h, you informed me that, upon the advice of Atty. Janet Sheppard, you are going to issue a "notice to exit or quit the premises" to Lawrence Dionne, complainant and occupant of 11 Elizabeth Street, 2n floor back apartment. As we are both aware there is currently no legal 2nd means of egress from either 2nd floor apartment at this residence. If you are willing to send "a notice to quit or exit"to the complainant, I must assume that you have determined that the egress situation is serious enough so as to materially effect the safety and well-being of the occupant. While I agree with such an assessment, I, in good conscience, strongly suggest that you also send a"notice to exit or quit the premises" to the other 2nd floor occupant on the Bridge Street side of the dwelling. Conditions in the front 2nd floor apartment mirror the apartment of Mr. Dionne, with the only 2nd means of egress being a locked door between the two apartments. The fact that you, the assistant building inspector, or myself for that matter, have never actually entered this front apartment to view said conditions should in no way negate the fact that the violation there does exist and the danger is quite real. In fact the existing egresses for this front 2nd floor apartment have never been a"bone of contention" and would seem to me to be a conceded issue at this by anyone, including the owner. In fact, at the Board of Health hearing before District Court Clerk Karen Humphrieff and at the hearin,§ at Atty. Sheppard's office, Mr. Fogel was more than willing to draw sketches of both 2n floor apartments in order to demonstrate the common locked egress between the two units. Also, while we were all at the Elizabeth Street site to view the property, it seems to me that all talk of fire escapes and corrective resolutions involved corrective action for both 2nd floor dwelling units,not just one. Once a determination of conditions is made, it is my belief that any order issued after this determination should actually be sent to all occupants whose premises are affected and could be in danger. By sending orders to both affected occupants, you may effectively eliminate any overlying suggestion of city liability, impropriety, or otherwise selective enforcement of state and local code regulations, which, it seems to me at least, could be inferred in a court of law if an order to `exit or quit' is sent to just one of the affected occupants. I am not sure about the actual legalities here but I do certainly feel that the current egress conditions at this dwelling represent a danger to both of the 2"a floor tenants. I also felt obligated to go on record opposing the issuance of just one order "to quit or vacate." since both the current upstairs tenants are living under the same fire safety threat and also for the other reasons I just mentioned above. Additionally, if you still feel that you must physically view this apartment where conditions have all but been conceded, I would recommend that you make arrangements to inspect the premises as soon as is possible. I would gladly accompany you should you wish me to do so. The longer this continues, the longer the dangerous fire safety hazard exists. I welcome any comments or ideas you might have regarding the issues I've brought up here. Thank you for your consideration in this difficult matter. cc: Atty. Janet Sheppard Stanley Szewczyk, Asst. Building Inspector BOARD OF HEALTH MEMBERS CITY OF NORTHAMPTON CYNTHIA DOURMASHKIN,R.N.,Chair MASSACHUSETTS 01060 ANNE BURES,M.D. ' ROSEMARIE KARPARIS,R.N.,M.P.H. PETER J.McERLAIN,Health Agent OFFICE OF THE (X(413)587- 14 BOARD OF HEALTH FAX(413)587-1221 210 MAIN STREET wO 01060 L To: Anthony Patillo, Building Inspector From: David E. Koch a ,/� EIT 01 g�11'!NG I gPECTIONS Date: March 15, 2000 RE: Ongoing Egress Violations at 216—218 Bridge St. (11 — 13 Elizabeth St.) Per our telephone conversation of March 13th, you informed me that, upon the advice of Atty. Janet Sheppard, you are going to issue a "notice to exit or quit the remises" to Lawrence Dionne, complainant and occupant of 11 Elizabeth Street, 2n floor back apartment. As we are both aware there is currently no legal 2nd means of egress from either 2nd floor apartment at this residence. If you are willing to send "a notice to quit or exit"to the complainant, I must assume that you have determined that the egress situation is serious enough so as to materially effect the safety and well-being of the occupant. While I agree with such an assessment, I, in good conscience, strongly suggest that you also send a"notice to exit or quit the premises" to the other 2nd floor occupant on the Bridge Street side of the dwelling. Conditions in the front 2nd floor apartment mirror the apartment of Mr. Dionne, with the only 2nd means of egress being a locked door between the two apartments. The fact that you, the assistant building inspector, or myself for that matter, have never actually entered this front apartment to view said conditions should in no way negate the fact that the violation there does exist and the danger is quite real. In fact the existing egresses for this front 2nd floor apartment have never been a"bone of contention" and would seem to me to be a conceded issue at this by anyone, including the owner. In fact, at the Board of Health hearing before District Court Clerk Karen Humphrieff and at the hearin,§ at Atty. Sheppard's office, Mr. Fogel was more than willing to draw sketches of both 2n floor apartments in order to demonstrate the common locked egress between the two units. Also, while we were all at the Elizabeth Street site to view the property, it seems to me that all talk of fire escapes and corrective resolutions involved corrective action for both 2nd floor dwelling units, not just one. Once a determination of conditions is made, it is my belief that any order issued after this determination should actually be sent to all occupants whose premises are affected and could be in danger. By sending orders to both affected occupants, you may effectively eliminate any overlying suggestion of city liability, impropriety, or otherwise ATTY'S SHEPPARD&REALL Fax:413-5362937 Mar 1( vu iu:,:):) r.ui LAW OFFICES • WESTERN MASSACHUSETTS LEGAL SERVICES, INC. Franklln/Homp=hire Division A United Way Agency v/Franklin and Hampshire Counties 20 Hampton Avenue, Suite 100 Northampton,Mo. 01060.3890 Tot:(413)IN 4054;14=489-1 NO Fax:(413)SU4416 (413)774-3747 honW Coady Name:Attorney Janet M. Sheppard �rr�� Organization: D From. Kitty Callaghan Date: March 16, 3000 Subject: 13 Elizabeth Street/218 Bridge St. Number of Pages, 2 (awcwd410 fm Bova~) FAX Number:M-2137 Recipient Telephone Number: M-5389 Comments: Attached Is a letter regarding the decision to issue an exit order at the above property. RDIAMAUTy Null"" TM doClrm.nl�OCi01T1pOrM10 NW foCtb�le Iralnndltlen eenteN�Na�n�wl(on from Ih�office of Wed*m/NawaChWelb �eOaN 3Mrleor Mildeli 111h►1N C011R0/NIIAI 1ho Ncrnlglie_n-! 1r -00- WRi4 orb*f1w�ii4 f4 G 11111 kdtlM861 fhoeL a you am rAN 00 bb1140d n6ip1a11.bt awan►00 OW Use of w"colder.01 mb 411en wftn is pwhbbnd. M yW hWe wee~#*1anhn k in one.pkaoe noft k by hnepholle banod dW and n*jm MN 0"94101 mou"e to vi at Ow above YObou by Od CUM mot. Thw*you. Aoft- ATTY'S SHEPPARD&REALL Fax:413-58b296( r1ar it LAW OFFICES -•---+—� js, e l WESTERN MASSACHUSETTS LEGAL SERVICES,IN Franklin/fi8ampel11n Division W 17 2U A United Way ARmyy of F'4*11n wd Hampshire Ca Mrs �..> 20 RAMPTON AVLNU$SUITa 100 NORTRAMFTON.MAe106&39" DEPT OF BV '!NG INSPECTIONS Si , VA TSL. (413)!{4.4034;1-800-639.1309 FAX(413)SIS4411 (413)774-3747 Fm Win County March 16,2000 Attorney Janet M. Sheppard 76 Masonic Street Northampton,MA 01060 RE: 13 Elizabeth Street/218 Bridge Street Dear Attorney Sheppard: Last week 1 spoke with you about the above property. At that time you indicated to me that the building commissioner would baissuing an enforcement order. Based on a message that I received from Commissioner Anthony Patillo 1 understand that he intends to issue an exit order to Mr.Fogel which would require my client Lawrence Francis Dionne to vacate his home of twelve years. If Commissions Patillo issues the exit order,I intend to flte an appeal on Mc.Dionne's behalf. In my appeal I intend to raise the Inappropriateness of the building department's failure to over issue the-landlord an order to inspttt a second means of egress even though the property was inspected on September 21 by the building inspector and after that date the tenant Lawrence Francis Dionne made numerous calk to the Building Depamnent to request enforcement of the building code.Due to the failure of the building department to take action Mr. Dionne then eontactod the Board of Health which issued an order and ultimately filed a criminal complaint against Mr.Fogel with the Northampton District Court. Subsequently, there was a meeting in your office on February 1,2000 which resulted in a determination that a second means of egress should be installed for both tenants ad in very specific instructions to Mr.Fogel about where the egress could be innalled. But the building department still did not order Mr.Fogel to add a second means of egress. After Mr.Fogel failed to make sufficient progress in getting estimates for the work the City decided to require Mr.Dionne to move.This order does not get the building up to code. Instead it punishes the tenant for pursuing his right to housing that meets the Sanitary and Building Codes. I think that this could be a major embarrassment for the City and is a very dangerous precedent. For these reasons I hope that you and your client will reconsider your decision to issue Mr. Fogel an exit order. Please give me a call if you have arty questions about this. Sincerely, by FAX Kitty Callaghan Managing Attorney TOTAL P.02 Sent 3y: Hr Laser,iet 3iOO; 4i3582i233; Mar-2-99 2:44; rage 2i4 Mr. Anthony L. Patillo, Building Inspector February 28; 2000 Page 2 Realistically, I do need more time in order to collect the data necessary rf, cot P tin with a final cost estimate, including the connection with the structural engineer. My thoughts at this point are that I would like to have the chance to get this information in order to make a thoughtful final decision. With that i nfvr.—nation, AT can evaluate the alternative of f�iln.a.ir,.. R Y L � .:,,..,.. "g Dave nail/anl � vribii�al itUV1eC At1U turn [ne SeCOna 120or alto one large aparirniciii inereby solving the egress issue as to both. Frankly (no pun intended), the larger the budget grows, the more logical the business decision to turn it into one unit becomes. As I understand it; if you choose not t0 ----I. for this -1—tet;,-. - time tl1Pn Vnl) arP. dni.ng viter` iblicl-I IT thicnl have ai► opportunjiy to appeai to i[c appropriate o ice in Boston as a means of determining whether or not the existing means of egress is a satisfactory one under the alternative interpretations of the building- code that we have each presented. I had not taken notes as to how that appeal would be prosecuted, the time line for the same and any related issues anti ac c,lrh, I wn,.iri annr----to -oµ; sh:rir.^ t"tat rr=..,;-.t. b infnrmwtinn _,with a^tmw. As a further practical matter, if the mechanics and time horizon for such an appeal grew to be more challenging than nractical T wrn�ltl nrnhahty nrnraPri �l,ith :+jinn the t v r______ _. r-_..-.hU r-...,.ed 6 a order as dhe C-IM-UndS fn tern,;�+nfe O1ae II-en ncy f N... ller f th n B - -D.........v .., ..,aattuw aala. «.11lllll,y Vl U1G a111a11ki1 Vl UIG L illllt) at BriQgf: .1.tree), in order to provide the egress solution to the situation that you have identified_ I will apprPf late your cc=; .r�t;nn in --tCn,I....+ �1+e C-•-. �-� rr•—" Jvwa vtas�iVtl III LAII IIdiIlg t1 he tl—ine iU( a response. i would be plcaseu to cuiitiriue our dialogue. Respectfully submitted, /? Bruce M. Fogel, Es4uire BNiF:laf Enclosure cc: Attorney Katherine Callaghan w,warskuw..a.i.n..,..v��wl ae..w Sent By: HP LaserJet 3100; 4135821233; Mar-2-99 2:44; Page 1 BRUCE M: FOGF_.i., nncj PAT T1 MF C,,. FCIC:RT +y v a �/U11.JL 78 Main Street Northampton, Massachusetts 01060 31 c82-1225 February 28, 2000 Mr. Anthony L. Patillo, Building Inspector City of Northampton Municipal Building 212 Main Street Northampton, MA 01060 RE: Property at Bridge Street and Egress Issues .., Dear Tony- 1 wanted to reply to you by the end of February as we had agreed relative to the progress of collecting information on the costs as-mciated with the resolution of the egress issues in accordance wttl: '.prlur of u- reguiations. I had contacted lily handyman and he was going to contact all of the names that Stanley had provided to me. 1 have received only one reply to date, from Arc Welding. I am enclosing a copy of the outline and a very rough estimate that that Pentlernan was kin r3 i-nnlruh to r.0,10- A e J O cS_1YTt cFP this aefm wte�� f^..r NL/kJIVlllmlllcalll� .ytiJ1,nVoVn V.nVn V, Ti .n tG IUU/JG V1i —ly co11VG1lCllV1IJ with him, he also indicated that it would be necessary to get a structural engineer involved in order to, I gather, establish iust how the fire escane would he rn rhp hilitwiinb. I have searched for time in my very hectic schedule at this time of the year, as 1 have told you, to track down this engineer, but I have not yet had any success in doing so. In the course of talking with the gentleman front Art: Welding, I was also informed that he had been advised by Stan that you have already decided to require doors for the access to the fire escape, rather than allowing the windows to he used for access. With these additional circumstances and reouirements; it appears to me that the tmtn] estimated cost for this project could run in excess of$20,000.00. Respectfully submitted, Dated October 1, 1996 Janet M. Sheppard Attorney for Anthony Patillo and City of Northampton 76 Masonic Street Northampton, MA 01060 (413) 585-5889 BBO #: 457820 CERTIFICATE OF SERVICE 1, Janet M. Sheppard, Esq., certify that on this _ day of , 1996, I served the foregoing by mailing a copy of same, first class mail, postage pre-paid and certified mail return receipt requested, to Janet M. Sheppard file name..... 2 - 15. The continuing violation of the Commissioners Exit Order of March 21, 2000 constitutes a violation of 780 CMR the State Building Code which pursuant to G.L. 143 § 59 and 143 § 51 , is subject to enforcement by issuance of an injunction by this court. WHEREFORE, the Plaintiff requests the issuance of a short order of notice for a hearing on a preliminary injunction and the issuance of a Preliminary Injunction enjoining the Defendant for the pendency of this action as set for in the Exit Order attached as Exhibit 2. COUNT II: PERMANENT INJUNCTION 16. The continuing violation of the Commissioner's Exit order of March 21, 2000, constitutes a violation of Massachusetts State Building Code which, pursuant to G.L. 143 § 59 and 143 § 51, is subject to enforcement by issuance of an injunction by this court. WHEREFORE, the Plaintiff requests the issuance of a Permanent Injunction enjoining the Defendant as set forth in the Exit order attached hereto as Exhibit 2. VERIFICATION OF COMPLAINT I, Anthony L. Patillo , as Building Commissioner of the City of Northampton, do hereby verify that the facts set forth in this Complaint are true to the best of my knowledge and belief, and that the documents attached hereto are true copies of the originals. Signed under penalties of perjury, CITY OF NORTHAMPTON by its BUILDING COMMISSIONER, Dated Anthony L. Patillo I, Stanley F. Szewczyk Building Inspector for the City of Northampton, do hereby verify that the facts set forth in this Complaint are true to the best of my knowledge and belief, and that the documents attached hereto are true copies of the originals. Signed under penalties of perjury, Dated Stanley F. Szewczyk 6. The Defendant, Bruce M. Fogel is a natural person who is the owner of the property located at 218 Bridge Street, Northampton, Massachusetts. 7. The Defendant, Pauline Fogel is a natural person who is the owner of the property located at 218 Bridge Street,Northampton, Massachusetts. STATEMENT OF FACTS 8. Beginning on September 27, 1999 and continuing until the present time, The City , the Building Inspector and the Building Commissioner have received and responded to complaints requesting enforcement of State Building codes concerning proper egress from the second floor apartments owned by Bruce and Pauline Fogel located at 218 Bridge Street. True copies are attached as Exhibit 1. 9. The Defendant has not corrected unsafe condition which exists at the property located at 218 Bridge Street, Northampton , Massachusetts, which posses significant danger to the tenants on second floor in the event of a fire. 10. The Building Commissioner ordered the Defendants on March 21, 2000 via certified letter to correct unsafe condition pursuant to MGL 780 CMR 3400.5.1 and 780 CMR 121. 11. More than twenty-four hours have elapsed since the order was issued with no response by defendants to correct unsafe condition. 12. Upon expiration of time period allowed by 780 CMR 121.3 , the make safe order , Exhibit 2 attached hereto, became final order which the defendants were bound to obey. 13. The defendants property continues to have unsafe condition exist endangering tenants in the event of fire. COUNT 1: PRELIMINARY INJUNCTION AND REQUEST FOR SHORT ORDER OF NOTICE 14. The Plaintiff realleges and incorporates by reference the allegations contained in paragraphs 1 - 14 herein. COMMONWEALTH OF MASACHUSETTS DEPARTMENT OF THE TRIAL COURT HAMPSHIRE,ss. SUPERIOR COURT CIVIL ACTION No. CITY OF NORTHAMPTON and ) ANTHONY L. PATILLO as he is the) VERIFIED COMPLAINT Building Commissioner of the ) FOR INJUNCTIVE RELIEF City of Northampton, ) AND REQUEST FOR A Plaintiff ) SHORT ORDER OF NOTICE V. ) BRUCE M. FOGEL, ) PAULINE FOGEL ) Defendant ) INTRODUCTION 1. This is an action arising from unsafe condition(second floor apartments lack adequate number of required egress) of defendants property located at 218 Bridge Street, Northampton, Massachusetts. The Plaintiff seeks a preliminary injunction enjoining the defendant from continued violation of 780CMR 3400.4.1 and a permanent injunction enjoining defendant to make safe building, after a hearing on its merits. JURISDICTION 2. This court has jurisdiction over this matter pursuant to the provisions of GL 143 § 59 and 143 § 51. PARTIES 3. The Plaintiff, City of Northampton, (the"city"), is a municipal corporation duly existing under the laws of the Commonwealth and is located in Hampshire County. 4. The Plaintiff, Anthony L. Patillo, is a natural person, and brings this action in his capacity as the Building Commissioner of the City of Northampton. 5. The Plaintiff, Stanley F. Szewczyk, is a natural person, and brings this action in his capacity as Building Inspector of the City of Northampton. CITY OF NORTHAMPTON L.. ? MASSACHUSETTS i eI; , , CfTY HALL 210 Main Street T � Northampton, MA 01060 (413) 586-6950 FAX: (413) 587-1264(Main Bldg. ) FAX TRANSMITTAL DATE: o2 FAX TO TELEPHONE NUMBER: TO: 0 ti FROM: Phone Number: 413—.587-1240 FAX Number: 4 13— 587-1272 (Annex) RE: PAGES, INCLUDING THIS SHEET: ....'£t+�e ray n: 1•: � Anthony L. Patillo Building Commissioner Zoning Enforcement Officer 212 Main Street 587-1240 Northampton,MA 01060 Fax 587-1272 �z .sue VERIFICATION OF COMPLAINT I, William L. Start, as the Building Commissioner of the Town of Amherst, do hereby verify that the facts set forth in this Complaint are true to the best of my knowledge and belief, and that the documents attached hereto are true copies of the originals. Signed under the penalties of perjury, TOWN OF AMHERST by its BUILDING COMMISSIONER, ` Dated O� William tart win 1111 Upon the expiration of the appeal period, the cease and desist order, Exhibit 3 attached hereto,became a final order which the Defendant was bound to obey. 12.. The Defendant has continued to violate the provisions of the Order by failing to comply with its provisions. COUNT I: PRELIMINARY INJUNCTION AND REQUEST FOR SHORT ORDER OF NOTICE 13. The Plaintiff realleges and incorporates by reference the allegations contained in paragraphs 1 through 12 herein. 14. The continuing violation of the Commissioner's Order of July 21, 1999 constitutes a violation of the Amherst Zoning By-law which, pursuant to G.L. c. 40A, § 7, is subject to enforcement by issuance of an injunction by this Court. WHEREFORE, the Plaintiff requests the issuance of a short order of notice for hearing on a Preliminary Injunction and the issuance of a Preliminary Injunction enjoining the Defendant for the pendency of this action as set forth in the Proposed Order attached hereto as Exhibit 4. COUNT II: PERMANENT INJUNCTION 15. The Plaintiff realleges and incorporates by reference the allegations contained in paragraphs 1 through 12 herein. 16. The continuing violation of the Commissioner's Order of July 21, 1999 constitutes a violation of the Amherst Zoning By-law which, pursuant to G.L. c. 40A, § 7, is subject to enforcement by issuance of an injunction by this Court. WHEREFORE, the Plaintiff requests the issuance of a Permanent Injunction enjoining the Defendant as set forth in the Proposed Order attached hereto as Exhibit 5. -3- { fltl S 4. The Plaintiff, WILLIAM L. START, is a natural person, and brings this action in his capacity as the Building Commissioner of the Town of Amherst, (the "COMMISSIONER") who serves as the zoning enforcement officer of the Town of Amherst. 5. The Defendant, DAVID T. KEENAN, ("KEENAN" or"the Defendant") is a natural person who is the owner of property located at 28 Shays Street, Amherst, Massachusetts. STATEMENT OF FACTS 6 Beginning on or about September 14, 1996 and continuing until the present time, the Town and the Commissioner have received and responded to numerous of complaints requesting enforcement of Zoning By-law violations by Keenan. True copies of these documents are attached hereto as Exhibit 1. 7. Beginning on or about January 30, 1996, and continuing until the present time, the Commissioner has engaged in numerous efforts enforce the Zoning By-laws and the Massachusetts Building Code against Keenan, including the issuance of five violation notices or notices to cease and desist. True copies of these documents are attached hereto as Exhibit 2. g. The Defendant has engaged in a pattern and practice and a course of conduct in which he has repeatedly violated the Zoning By-laws of the Town. 9. On or about July 21, 1999, the Commissioner ordered Keenan to correct a number of violations of Zoning By-law sections. The most recent cease and desist order to Keenan was sent by certified mail On July 21, 1999, and the return receipt for the Notice indicates delivery on July 22, 1999. A true copy of this Order is attached as Exhibit 3. 10.. More than thirty days have elapsed since the July 21, 1999 Order, and the Defendant has not appealed the Building Commissioner's Order to the Amherst Zoning Board of Appeals pursuant to G.L. c. 40A, § 8 and § 11.42 of the Amherst Zoning By-law. -2- 1 R V v °'�\I rY►. COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF THE TRIAL COURT HAMPSHIRE, ss. SUPERIOR COURT CIVIL ACTION No. 0 TOWN OF AMHERST and ) q WILLIAM L. START as he is the ) Building Commissioner of the ) Town of Amherst, ) VERIFIED COMPLAINT Plaintiff, ) FOR INJUNCTIVE RELIEF AND REQUEST FOR A y, ) SHORT ORDER OF NOTICE DAVID T. KEENAN, ) ` Defendant. 2' l INTRODUCTION ' .-. d &1. This is an action arising out of the use of property of the Defendant at 28 Shays Sheet, Amherst, Massachusetts. The Plaintiff seeks a preliminary injunction enjoining the Defendant b from continued violation of the Town of Amherst Zoning By-law during the pendency of this �• action, and a permanent injunction enjoining further violation of the Zoning By-law after hearing o. on the merits. JURISDICTION 2. This Court has jurisdiction over this matter pursuant to the provisions of G.L. C. 40A, § 7, and the Amherst Zoning By-law, §§ 11.43. PARTIES I> 3. The Plaintiff, TOWN OF AMHERST, (the"TOWN"), is a rilmicipA corporation duly existing under the laws of the Commonwealth of Massachusetts ands locat4d in Hampshire tit County, w. a O �.y w/51.x7 �S C'l// S/%r�r/i✓ o Co � cr-1ev loge /AV / ,�o� i9/ .� Li9cr pr CT-10 8 S F/U- 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE compliance with all outstanding orders of the dangerous,or hazardous,to the health and safety of building official. Buildings which do not qualify the occupants, the building official shall order the as existing buildings for the purposes of 780 CMR abatement of such conditions to render the building 34 shall comply fully with the applicable or structure livable for the posted use and occupant provisions of this code for new construction. load. Exceptions: In enforcing the provisions of 780 CMR 3400.6 (1) Existing buildings or portions thereof the building official may require or accept which are changed in use from any other use engineering or other evaluations of the lighting group to day care centers (I-2 or E) shall not and/or ventilation systems in order to evaluate qualify as existing buildings for the purposes of possible dangerous or hazardous conditions and 780 CMR 34, but shall comply with the acceptable solutions. requirements of 780 CMR 4,as applicable. Where full compliance with 780 CMR for new (2) Existing buildings or portions thereof, construction is not practical for structural and/or which are changed in use from any use to a other technical reasons, the building official may Group Residence,Limited Group Residence or accept compliance alternatives, or engineering or Group Dwelling Unit shall not qualify as other evaluations which adequately address the existing buildings for the purposes of 780 building or structure livability for the posted use and CN R 34, but shall comply with the provisions occupant load. of 780 CMR 4,as applicable. 780 CMR 3401.0 DEFINITIONS 3400.4 Special Provisions for Means of Egress: 3401.1 General: Definitions shall, for the purposes 3400.4.1 Existing Non Conforming Means of of 780 CMR 3401.0, have the meaning shown Egress: The following conditions, when herein: observed by the building official,shall be cited,in Building System: Any mechanical, structural, egress, writing as a violation. Said citation shall order the abatement of the non conformance and shall electrical, plumbing, building enclosure and/or include such a time element as the building fire protection system, or fire resistive f. official deems necessary for the protection of the construction system, or portion thereof occupants thereof or as otherwise provided for by Building System Component: Apart or portion of a statute. 1. Less than the number of means of egress building system. serving every space and/or story, required by 780 CMR 1010.0 and Table 1010.2, or Compliance Alternative: An alternative life-safety construction feature which meets or exceeds the 780 CMR 36 for one and two family dwellings. 2. Any required means of egress component requirements or intent of a specific provision of` which is not of sufficient width to comply with 780 CMR. The Building Official is authorized to 780 CMR 1009, or is not so arranged as to , ' approve or disapprove compliance alternatives. provide safe and adequate means of egress, Compliance alternatives are only permitted for including exit signage and emergency lighting- buildings. 3400.5 Hazardous Means of Egress: Existing building or structure: Any building or structure qualifying under 780 CMR 3400.3.1. 3400.5.1 Exit Order/Hazardous Means of Egress: In any existing building or structure not Hazard Index: A numerical value, between I and 8, provided with exit facilities as herein prescribed which is assigned to a specific Use Group in order for new buildings and in which the exits are to determine which of the provisions of 780 CMR deemed hazardous or dangerous to life and limb, 34 apply to the proposed work on the existing the building official shall declare such building building. The Hazard Index is a relative scale dangerous and unsafe in accordance with the used only to determine applicable provisions of proviris_of 780 MR 121.0. 780 CMR 34. Hazard indices are listed in Table �`^-- 3403 and Appendix F. 3400.5.2 Appeal From exit order: Any perso served with any order pursuant to 780 C Historic buildings: (a) Any building or structure 3400.5 shall have the remedy prescribed in 780 CMR 121. individually listed on the National Register of Historic Places or (b) any building or structure 3400.6 Unsafe Lighting and/or Unsafe evaluated by MHC to be a contributing building Ventilation: In any existing building , or portion within a National Register or State Register thereof, in which (a) the light or ventilation do not District. (c) any building or structure which has meet the applicable provisions of 780 CMR 12.0 and been certified by the Massachusetts Historical (b)which,in the opinion of the building official, are Commission to meet eligibility requirements for individual listing on the National Register of 446 780 CMR- Sixth Edition 2/10/97 (Effective 2/28/97) CIVIL ACTION COVER SHEET INSTRUCTIONS SELECT CATEGORY THAT BEST DESCRIBES YOUR CASE CONTRACT REAL PROPERTY MISCELLANEOUS A01 Services, labor and materials (F) Cot Land taking(eminent domain) (F) E02 Appeal from administrative (X) A02 Goods sold and delivered (F) CO2 Zoning Appeal, G.L.c.40A (F) Agency G.L.c.30A A03 Commercial Paper (F) CO3 Dispute concerning title (F) E03 Action against Commonwealth A08 Sale or lease of real estate (F) C04 Foreclosure of mortgage (X) Municipality, G.L.c.258 (A) Al2 Construction Dispute (A) C05 Condominium lien and charges (X) E05 All Arbitration (X) A99 Other(Specify) (F) C99 Other(Specify) (F) E07 c.112,s.12S(Mary Moe) (X) TORT E08 Appointment of Receiver (X) B03 Motor Vehicle negligence- EQUITABLE REMEDIES E09 General contractor bond, personal injury/property damage (F) D01 Specific performance of contract (A) G.L.c.149,s.29,29a (A) B04 Other negligence-personal D02 Reach and Apply (F) E11 Workman's Compensation (X) injury/property damage (F) D06 Contribution or Indemnification (F) E14 Chapter 123A Petition-SDP (X) B05 Products Liability (A) D07 Imposition of Trust (A) E15 Abuse Petition,G.L.c.209A (X) B06 Malpractice-medical (A) D08 Minority Stockholder's Suit (A) E16 Auto Surcharge Appeal (X) B07 Malpractice-other(Specify) (A) D10 Accounting (A) E17 Civil Rights Act, G.L.c.12,s.11 H (A) B08 Wrongful death,G.L.c.229,s2A (A) D12 Dissolution of Partnership (F) E18 Foreign Discovery proceeding (X) B15 Defamation (Libel-Slander) (A) D13 Declaratory Judgment G,L.c.231A (A) E96 Prisoner Cases (F) B19 Asbestos (A) D99 Other(Specify) (F) E97 Prisoner Habeas Corpus (X) B20 Personal Injury-Slip&Fall (F) E99 Other(Specify) (X) B21 Environmental (A) B22 Employment Discrimination (F) B99 Other(Specify) (F) TRANSFER YOUR SELECTION TO THE FACE SHEET. EXAMPLE: CODE NO. TYPE OF ACTION (SPECIFY) TRACK IS THIS A JURY CASE? B03 Motor Vehicle Negligence-Personal Injury (F) X❑ Yes ❑ No SUPERIOR COURT RULE 29 DUTY OF THE PLAINTIFF. The plaintiff or his/her counsel shall set forth, on the face sheet (or attach additional sheets as necessary), a statement specifying in full and itemized detail the facts upon which the plaintiff then relies as constituting money damages. A copy of such civil action cover sheet, including the statement as to the damages, shall be served on the defendant together with the complaint. If a statement of money damages, where appropriate is not filed, the Clerk-Magistrate shall transfer the action as provided in Rule 29(5)(C). DUTY OF THE DEFENDANT. Should the defendant believe the statement of damages filed by the plaintiff in any respect inadequate, he or his counsel may file with the answer a statement specifying in reasonable detail the potential damages which r ,s !It should the plaintiff prevail. Such statement, if any, shall be served with the answer. A CIVIL ACTION COVER SHEET MUST BE FILED WITH EACH COMPLAINT, BUFF COLOR PAPER. FAILURE TO COMPLETE THIS COVER SHEET THOROUGHLY AND ACCURATELY MAY RESULT IN DISMISSAL OF THIS ACTION. COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, SS MASSACHUSETTS TRIAL COURT SUPERIOR COURT DEPARTMENT CIVIL ACTION NO. SUSAN DEMARIA, Plaintiff V. NOTICE OF APPEARANCE DOROTHY A. NEWMAN and ANTHONY PATILLO (in his capacity as Building Inspector), ET ALS Defendants start here - 1 - 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STAND S MEAN F E' RESS Floor area in Note a. Buildings equipped throu out 'th an Occupancy square feet per automatic sprinkler system in accordance 'th 78 CMR Occupant 906.2.1 or 906.2.2. Parking garages 200 gross Note b. 1 inch=25.4 mm. Resdenkal 200 gross \\ Storage areas,mechanical equipment 300 gross 1009.3 Exit design per floor: Where �.,��' serve room more than one floor,only the occupant load of each Note a. I foot=304.8 mm; 1 square foot=0.093 m= floor considered individually shall be used in ^1008.1.5 Maximum occupant load: The computing the required capacity of the exits at that floor, provided that the exit capacity shall not occupant load of any space or portion thereof shall not exceed one occupant per tihree square decrease in the direction of means of egress travel. feet(0.28 mZ)of occupiable floor space. 1009.4 Egress convergence: Where means of 1008.1.6 Fixed seats: The occupant load for an egress from floors above and below converge at an assembly or educational area having fixed seats intermediate floor, the capacity of the means of shall be determined by the number of fixed seats egress from the point of convergence shall not be installed. The capacity of fixed seats without less than the sum of the two. dividing arms shall equal one person per 18 inches(457 nun). For booths, the capacity shall 780 CMR 1010.0 NUMBER OF EXITS be one person per 24 inches(610 mm). 1010.1 General: The general requirements of 780 CMR 1010.0 apply to buildings of all use 1008.2 Mezzanine levels: The occupant load of a groups. Where more restrictive requirements are mezzanine level discharging through a floor below provided in 780 CMR, such requirements shall take shall be added to that floor's occupant load,and the precedence over the general provisions of 780 CMR capacity of the exits shall be designed for the total 1010.0. occupant load thus established. 1010.2 Minimum number: Every floor area shall 10083 Roofs: Roof areas occupied as roof gardens be provided with the minimum number of approved or for assembly, educational, storage or other independent exits as required by Table 1010.2 based purposes, shall be provided with exit facilities to on the occupant load, except as modified in accommodate the required occupant load,but there 780 CMR 1010.3. shall not be less than two approved means of egress �' Exception: In buildings with occupancies in Use 1 from roof areas of Use Groups A and E. Group R having multistory dwelling units, the 780 CMR 1009.0 CAPACITY OF EGRESS means of egress from a dwelling unit to the required exits is permitted to be provided from COMPONENTS one level only. Within the dwelling unit access to 1009.1 General: The capacity of means of egress I the means of egress from the unit shall conform to for a floor, balcony, tier or other occupied space the applicable provisions of 780 CNIR 10. shall be sufficient for the occupant load thereof. f� Table 1010.2 1009.2 Minimum width: The width of each means MINIMUM NUMBER OF EXITS FOR of egress component shall not be less than the width OCCUPANT LOAD computed in accordance with Table 1009.2 for the Occupant load Minimum number of exits required capacity of the component,but not less than the minimum width as prescribed by 780 CMR for 01 of less 000 3 each such component. over 1,000 4 Table 1009.2 EGRESS WIDTH PER OCCUPANT 10103 Buildings with one exit: Only one exit shall be required in: Without sprinkler with sprinkler 1. Occupancies in the use groups shown in Table system(inch�s per systems b person) (inches per person) 1010.3, provided that the building has not more Use group than one level below the level of exit discharge. Doors Doors Stairways ramps and Stairways ramps and corridors condors A,B,E.F,M, R,S 0.3 0.2 0.2 0.15 H 0.7 0.4 0.3 0.2 F-1 0A 0.2 0.2 0.2 1-2 1.0 0.7 0.3 0.2 217/97 (Effective 2/28/97) 780 CMR- Sixth Edition 177 15. The continuing violation of the Commissioners Exit Order of March 21, 2000 constitutes a violation of 780 CMR the State Building Code which pursuant to G.L. 143 § 59 and 143 § 51 , is subject to enforcement by issuance of an injunction by this court. WHEREFORE, the Plaintiff requests the issuance of a short order of notice for a hearing on a preliminary injunction and the issuance of a Preliminary Injunction enjoining the Defendant for the pendency of this action as set for in the Exit Order attached as Exhibit 2. COUNT 11: PERMANANT INJUNCTION 16. The continuing violation of the Commissioner's Exit order of March 21, 2000, constitutes a violation of Massachusetts State Building Code which, pursuant to G.L. 143 § 59 and 143 § 51, is subject to enforcement by issuance of an injunction by this court. WHEREFORE, the Plaintiff requests the issuance of a Permanent Injunction enjoining the Defendant as set forth in the Exit order attached hereto as Exhibit 2. VERIFICATION OF COPMPLAINT I, Anthony L. Patillo , as Building Commissioner of the City of Northampton, do hereby verify that the facts set forth in this Complaint are true to the best of my knowledge and belief, and that the documents attached hereto hereto are true copies of the originals. Signed under penalties of perjury, CITY OF NORTHAMPTON by its BUILDING COMMISSIONER, Dated Anthony L. Patillo I, Stanley F. Szewczyk Building Inspector for the City of Northampton, do hereby verify that the facts set forth in this Complaint are true to the best of my knowledge and belief, and that the documents attached hereto hereto are true copies of the originals. Signed under penalties of perjury, Dated Stanley F. Szewczyk 6. The Defendant, Bruce M. Fogel is a natural person who is the owner of the property located at 218 Bridge Street, Northampton, Massachusetts. 7. The Defendant, Pauline Fogel is a natural person who is the owner of the property located at 218 Bridge Street,Northampton, Massachusetts. STATEMENT OF FACTS 8. Beginning on September 27, 1999 and continuing until the present time, The City , the Building Inspector and the Building Commissioner have received and responded to complaints requesting enforcement of State Building codes concerning proper egress from the second floor apartments owned by Bruce and Pauline Fogel located at 218 Bridge Street. True copies are attached as Exhibit 1. 9. The Defendant has not corrected unsafe condition which exists at the property located at 218 Bridge Street, Northampton, Massachusetts, which posses significant danger to the tenants on second floor in the event of a fire. 10. The Building Commissioner ordered the Defendants on March 21, 2000 via certified letter to correct unsafe condition pursuant to MGL 780 CMR 3400.5.1 and 780 CMR 121. 11. More than twenty-four hours have elapsed since the order was issued with no response by defendants to correct unsafe condition. 12. Upon expiration of time period allowed by 780 CMR 121.3 , the make safe order , Exhibit 2 attached hereto, became final order which the defendants were bound to obey. 13. The defendants property continues to have unsafe condition exist endangering tenants in the event of fire. COUNT 1: PRELIMINARY INJUNCTION AND REQUEST FOR SHORT ORDER OF NOTICE 14. The Plaintiff realleges and incorporates by reference the allegations contained in paragraphs 1 - 14 herein. COMMONWEALTH OF MASACHUSETTS DEPARTMENT OF THE TRIAL COURT HAMPSHIRE,ss. SUPERIOR COURT CIVIL ACTION No. CITY OF NORTHAMPTON and ) ANTHONY L. PATILLO as he is the) VERIFIED COMPLAINT Building Commissioner of the ) FOR INJUNCTIVE RELIEF City of Northampton, ) AND REQUEST FOR A Plaintiff ) SHORT ORDER OF NOTICE V. ) BRUCE M. FOGEL, ) PAULINE FOGEL ) Defendant ) INTRODUCTION 1. This is an action arising from unsafe condition(second floor apartments lack adequate number of required egress) of defendants property located at 218 Bridge Street, Northampton, Massachusetts. The Plaintiff seeks a preliminary injunction enjoining the defendant from continued violation of 780CMR 3400.4.1 and a permanent injunction enjoining defendant to make safe building, after a hearing on its merits. JURISDICTION 2. This court has jurisdiction over this matter pursuant to the provisions of GL 143 § 59 and 143 § 51. PARTIES 3. The Plaintiff, City of Northampton, (the"city"), is a municipal corporation duly existing under the laws of the Commonwealth and is located in Hampshire County. 4. The Plaintiff, Anthony L. Patillo, is a natural person, and brings this action in his capacity as the Building Commissioner of the City of Northampton. 5. The Plaintiff, Stanley F. Szewczyk, is a natural person, and brings this action in his capacity as Building Inspector of the City of Northampton. MAR-22-00 10:53 AM - �� 11FR 21 '00 1?c Z9 F.2 Latchoa rrr Plain Latch Part No. Front Front Width Backaot 688F18 Square Corner 1.116' 29mm 2.3/4'(70mm) 598F50 Rounded Comer 1-1/8" 29mm 244" 70mm 586F60 Square Coiner 1.1/8"(29mm) 3.314" 06mm 688F88 Rounded Corner 1018" 29mm 3-314' 96mrn), b96F20 Square Corner 1.1/8" 20mm) $-A!27mm Ep1F24 Rounded Comer 1.1/8" 29mm 8` 127mm PLAIN Deadlocking-Latch Part No, Front Front Width 6ackaet 588F17 Squorg Corner 1-118" 9mm) 2.3/4"(70mm) 598Fe7 Rounded Cotner 1-118"(29mm) 2.314" 70mm 686Fa1 ft—Comer I 1.1/8" 29mm 3-314" 88mm 8F21 IsquNfe Comer 1.1/8" 29m 6"(127mm . 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CPO 2� j.��s C`c�veT /�.ss j u�i S�i cTiv.✓ o�,�,e �„vS r-�.s TTE� ��.PSc� '% Td iifE �o vrS/ae/S a� A* G'L /5'3 .Q—,0 �,y.�y ,vo�iN9.✓r/Ton. �an.,..✓6) SFc j/OtiS� 3� j�� 0.9-��%r-.� c,i�y 0i` /!/o.Pjfi'fJ--��°"�) C���•�c.r'�/i'l, Is f./ ow J ��r/c,��.4� �.Pr°o�.9r/o.✓ fJv�y ,Ex.si—��6 v��,o�� ✓f/� �wS 03/15/2000 15:27 14135871303 CENTRALSERV PAGE 01 M.G.L.A. 139 s 2 A person aggrieved by such order may appeal to the,superior court for the county where such building or other structure is situated,if, within three days after the service of such attested copy upon him,he commences a civil action-in such court. Trial by jury shall be had as in other civil causes. The jury may affirm, annul or alter such order,and the court shall render judgment in conformity with'said verdict,which shall take effect as an original order. If the orderis affirmed, the plaintiff shall pay the costs; .if it is annulled,he shall recover fr the town his damages,if any,and costs; and if it is altered,the court may render such judgment as to costs as justice shall require. All proceedings hereunder authorized by section ten of chapter one-hundred and forty-three, after issue is joined therein,shall bein'order for trial and shall have precedence over any case of a diffemanature pending in said court and then in order for trial. COUNCILORS �1tAMP�O ,T LARGE •�a ti Michael R. Bardsley $ James M. Dostal YARD Q CITY COUNCIL ' 1 William H. Dwight 'FFT OF$R1►i_�l# 2 Frances C.Volkmann CITY OF NORTHAMPTON „- __� � ,�ks'°�rr► , 3 Maria Tymoczko 4 Rita M. Bleiman MASSACHUSETTS 5 Alex D. Ghiselin 6 Marianne L. LaBarge 7 Raymond W. LaBarge July 14, 2000 Mr. Gordon Bailey State Building Inspector Department of Public Safety 333 East Street-Room 102 Pittsfield MA 01201 Dear Mr. Bailey: I am writing you on behalf of one of my constituents, Mr. Lawrence Francis Di'Onne. I recently met with Mr. Di'Onne regarding his concern about a fire escape that was being installed for his and the neighboring apartment. According to Mr. Di'Onne the plan for the installation of the fire escape does not include convenient or easy access. He would be forced to use a window for this emergency exit. Mr. Di'Onne explained to me that he has had at least one telephone conversation with you during which he received a clear understanding that there exists a state law or code which mandates a doorway as access to a fire escape. He stated to me that he was informed during a conversation with you or a member of your office staff that a window is not a satisfactory or legal emergency exit. Mr. Di'Onne has asked me to assist him in his attempt to resolve his problem. Knowing the applicable state law or codes would greatly assist me in understanding the issue and in finding a viable solution. I would appreciate your clarifying whether a doorway is required as access to a fire escape or whether a window is a legal alternative. Thank you for any and all assistance you can provide on this matter. My home phone number is 413- 584-1431. My home address is 39 Lyman Road,Northampton, MA 01060. incerely, r-1 f MICHAEL R. BARDSLEY City Council President p.c. L.F.Di'Onne B.M.Fogel,Esq. A.Patillo,Northampton Building Commissioner catalytic converter Subject: catalytic converter S� Date: Wed, 03 May 2000 06:10:55 -0400 From: anthony patillo<patillo @mediaone.net> To: Don.Garrison @Med.VA.WV Hello Mr. Garrison, I am the Building Commissioner for the City of Northampton Ma. We recently completed construction of a fire station in our city and have experienced the problem that when our emergency generator is tested the air intakes for the building draw in the exhaust from the generator. This only occurs when the prevailing winds are right but the effect in the station is potentially hazardous to staff. The building committee had an article that you wrote addressing how you dealt with the problem. I would like to get the names and contacts that you have so we can research and see if this will correct our problem. Thank you for you time on this matter. Anthony Patillo Building Commissioner City of Northampton, Building Department Rm 100 212 Main Street Northampton, MA 01060 413-587-1240 Fax 413-587-1272 1 of 1 05/03/2000 6:14 AM 4r 9 10 Idlij I7VW LMM m J. A 9 10 Idlij I7VW LMM m File#BP-2000-0960 APPLICANT/CONTACT PERSON Mark Bibeau ADDRESS/PHONE 65 Barrett St (413) 584-1752 PROPERTY LOCATION 218 BRIDGE ST MAP 25C PARCEL 122 ZONE URB THIS SECTION FOR OFFICIAL USE ONLY: PERMIT APPLICATION CHECKLIST ENCLOSED REQUIRED DATE ZONING FORM FILLED OUT Fee Paid Building Permit Filled out _ Fee Paid T_ypeof Construction: INSTALL FIRE ESCAPE New Construction Non Structural interior renovations Addition to Existing Accessory Structure Building Plans Included: Owner/Statement or License 068684 3 sets of Plans/Plot Plan THLE//�LOWING ACTION HAS BEEN TAKEN ON THIS APPLICATION: Approved as presented/based on information presented. Denied as presented: Special Permit and/or Site Plan Required under: § PLANNING BOARD ZONING BOARD Received&Recorded at Registry of Deeds Proof Enclosed Finding Required under: § w/ZONING BOARD OF APPEALS Received&Recorded at Registry of Deeds Proof Enclosed Variance Required under: § w/ZONING BOARD OF APPEALS Received&Recorded at Registry of Deeds Proof Enclosed Other Permits Required: Curb Cut from DPW Water Availability Sewer Availability Septic Approval Board of Health Well Water Potability Board of Health Permit from Conservation Com 's ' n Permit from CB Architecture Committee Signature of Building Official Date Note: Issuance of a Zoning permit does not relieve a applicant's burden to comply with all zoning requirements and obtain all required permits from Board of Health,Conservation Commission,Department of public works and other applicable permit granting authorities. CITY OF NORTHAMPTON ? MASSACHUSETTS CITY HALL i 210 Main Street 1 Northampton, MA 01060 (413) 586-6950 FAX: (413) 587-1264(Ma in B10g. ) FAX TRANSMITTAL DATE: FAX TO TELEPHONE NUMBER: 2a? TO: IA/1'r �f/ PI� FROM: Phone Number: 413—.587-1240 FAX Number: 413- 587-1272 (Annex) RE: PAGES, INCLUDING THIS SHEET: Anthony L. Patillo Building Commissioner Zoning Enforcement Officer 212 Main Street 587-1240 Northampton,MA 01060 Fax 587-1272 15. The continuing violation of the Commissioners Exit Order of March 21, 2000 constitutes a violation of 780 CMR the State Building Code which pursuant to G.L. 143 § 59 and 143 § 51 , is subject to enforcement by issuance of an injunction by this court. WHEREFORE, the Plaintiff requests the issuance of a short order of notice for a hearing on a preliminary injunction and the issuance of a Preliminary Injunction enjoining the Defendant for the pendency of this action as set for in the Exit Order attached as Exhibit 2. COUNT II: PERMANANT INJUNCTION 16. The continuing violation of the Commissioner's Exit order of March 21, 2000, constitutes a violation of Massachusetts State Building Code which, pursuant to G.L. 143 § 59 and 143 § 51, is subject to enforcement by issuance of an injunction by this court. WHEREFORE, the Plaintiff requests the issuance of a Permanent Injunction enjoining the Defendant as set forth in the Exit order attached hereto as Exhibit 2. VERIFICATION OF COMPLAINT I, Anthony L. Patillo , as Building Commissioner of the City of Northampton, do hereby verify that the facts set forth in this Complaint are true to the best of my knowledge and belief, and that the documents attached hereto hereto are true copies of the originals. Signed under penalties of perjury, CITY OF NORTHAMPTON by its BUILDING COMMISSIONER, Dated Anthony L. Patillo 1, Stanley F. Szewczyk Building Inspector for the City of Northampton, do hereby verify that the facts set forth in this Complaint are true to the best of my knowledge and belief, and that the documents attached hereto hereto are true copies of the originals. Signed under penalties of perjury, Dated Stanley F. Szewczyk 6. The Defendant, Bruce M. Fogel is a natural person who is the owner of the property located at 218 Bridge Street,Northampton, Massachusetts. 7. The Defendant, Pauline Fogel is a natural person who is the owner of the property located at 218 Bridge Street,Northampton, Massachusetts. STATEMENT OF FACTS 8. Beginning on September 27, 1999 and continuing until the present time, The City, the Building Inspector and the Building Commissioner have received and responded to complaints requesting enforcement of State Building codes concerning proper egress from the second floor apartments owned by Bruce and Pauline Fogel located at 218 Bridge Street. True copies are attached as Exhibit 1. 9. The Defendant has not corrected unsafe condition which exists at the property located at 218 Bridge Street, Northampton, Massachusetts, which posses significant danger to the tenants on second floor in the event of a fire. 10. The Building Commissioner ordered the Defendants on March 21, 2000 via certified letter to correct unsafe condition pursuant to MGL 780 CMR 3400.5.1 and 780 CMR 121. 11. More than twenty-four hours have elapsed since the order was issued with no response by defendants to correct unsafe condition. 12. Upon expiration of time period allowed by 780 CMR 121.3 , the make safe order , Exhibit 2 attached hereto, became final order which the defendants were bound to obey. 13. The defendants property continues to have unsafe condition exist endangering tenants in the event of fire. COUNT 1: PRELIMINARY INJUNCTION AND REQUEST FOR SHORT ORDER OF NOTICE 14. The Plaintiff realleges and incorporates by reference the allegations contained in paragraphs 1 - 14 herein. COMMONWEALTH OF MASACHUSETTS DEPARTMENT OF THE TRIAL COURT HAMPSHIRE,ss. SUPERIOR COURT CIVIL ACTION No. CITY OF NORTHAMPTON and ) ANTHONY L. PATILLO as he is the) VERIFIED COMPLAINT Building Commissioner of the ) FOR INJUNCTIVE RELIEF City of Northampton, ) AND REQUEST FOR A Plaintiff ) SHORT ORDER OF NOTICE V. ) BRUCE M. FOGEL, ) PAULINE FOGEL ) Defendant ) INTRODUCTION 1. This is an action arising from unsafe condition (second floor apartments lack adequate number of required egress) of defendants property located at 218 Bridge Street, Northampton, Massachusetts. The Plaintiff seeks a preliminary injunction enjoining the defendant from continued violation of 780CMR 3400.4.1 and a permanent injunction enjoining defendant to make safe building, after a hearing on its merits. JURISDICTION 2. This court has jurisdiction over this matter pursuant to the provisions of GL 143 § 59 and 143 § 51. PARTIES 3. The Plaintiff, City of Northampton, (the"city"), is a municipal corporation duly existing under the laws of the Commonwealth and is located in Hampshire County. 4. The Plaintiff, Anthony L. Patillo, is a natural person, and brings this action in his capacity as the Building Commissioner of the City of Northampton. 5. The Plaintiff, Stanley F. Szewczyk, is a natural person, and brings this action in his capacity as Building Inspector of the City of Northampton. 15. The continuing violation of the Commissioners Exit Order of March 21, 2000 constitutes a violation of 780 CMR the State Building Code which pursuant to G.L. 143 § 59 and 143 § 51 , is subject to enforcement by issuance of an injunction by this court. WHEREFORE, the Plaintiff requests the issuance of a short order of notice for a hearing on a preliminary injunction and the issuance of a Preliminary Injunction enjoining the Defendant for the pendency of this action as set for in the Exit Order attached as Exhibit 2. COUNT II: PERMANANT INJUNCTION 16. The continuing violation of the Commissioner's Exit order of March 21, 2000, constitutes a violation of Massachusetts State Building Code which, pursuant to G.L. 143 § 59 and 143 § 51, is subject to enforcement by issuance of an injunction by this court. WHEREFORE, the Plaintiff requests the issuance of a Permanent Injunction enjoining the Defendant as set forth in the Exit order attached hereto as Exhibit 2. VERIFICATION OF COMPLAINT 1, Anthony L. Patillo , as Building Commissioner of the City of Northampton, do hereby verify that the facts set forth in this Complaint are true to the best of my knowledge and belief, and that the documents attached hereto hereto are true copies of the originals. Signed under penalties of perjury, CITY OF NORTHAMPTON by its BUILDING COMMISSIONER, Dated Anthony L. Patillo 1, Stanley F. Szewczyk Building Inspector for the City of Northampton, do hereby verify that the facts set forth in this Complaint are true to the best of my knowledge and belief, and that the documents attached hereto hereto are true copies of the originals. Signed under penalties of perjury, Dated Stanley F. Szewczyk 6. The Defendant, Bruce M. Fogel is a natural person who is the owner of the property located at 218 Bridge Street, Northampton, Massachusetts. 7. The Defendant, Pauline Fogel is a natural person who is the owner of the property located at 218 Bridge Street,Northampton, Massachusetts. STATEMENT OF FACTS 8. Beginning on September 27, 1999 and continuing until the present time, The City, the Building Inspector and the Building Commissioner have received and responded to complaints requesting enforcement of State Building codes concerning proper egress from the second floor apartments owned by Bruce and Pauline Fogel located at 218 Bridge Street. True copies are attached as Exhibit 1, 9. The Defendant has not corrected unsafe condition which exists at the property located at 218 Bridge Street, Northampton , Massachusetts, which posses significant danger to the tenants on second floor in the event of a fire. 10. The Building Commissioner ordered the Defendants on March 21, 2000 via certified letter to correct unsafe condition pursuant to MGL 780 CMR 3400.5.1 and 780 CMR 121. 11. More than twenty-four hours have elapsed since the order was issued with no response by defendants to correct unsafe condition. 12. Upon expiration of time period allowed by 780 CMR 121.3 , the make safe order , Exhibit 2 attached hereto, became final order which the defendants were bound to obey. 13. The defendants property continues to have unsafe condition exist endangering tenants in the event of fire. COUNT 1: PRELIMINARY INJUNCTION AND REQUEST FOR SHORT ORDER OF NOTICE 14. The Plaintiff realleges and incorporates by reference the allegations contained in paragraphs 1 - 14 herein. COMMONWEALTH OF MASACHUSETTS DEPARTMENT OF THE TRIAL COURT HAMPSHIRE,ss. SUPERIOR COURT CIVIL ACTION No. CITY OF NORTHAMPTON and ) ANTHONY L. PATILLO as he is the) VERIFIED COMPLAINT Building Commissioner of the ) FOR INJUNCTIVE RELIEF City of Northampton, ) AND REQUEST FOR A Plaintiff ) SHORT ORDER OF NOTICE V. ) BRUCE M. FOGEL, ) PAULINE FOGEL ) Defendant ) INTRODUCTION 1. This is an action arising from unsafe condition (second floor apartments lack adequate number of required egress) of defendants property located at 218 Bridge Street, Northampton, Massachusetts. The Plaintiff seeks a preliminary injunction enjoining the defendant from continued violation of 780CMR 3400.4.1 and a permanent injunction enjoining defendant to make safe building, after a hearing on its merits. JURISDICTION 2. This court has jurisdiction over this matter pursuant to the provisions of GL 143 § 59 and 143 § 51. PARTIES 3. The Plaintiff, City of Northampton, (the"city"), is a municipal corporation duly existing under the laws of the Commonwealth and is located in Hampshire County. 4. The Plaintiff, Anthony L. Patillo, is a natural person, and brings this action in his capacity as the Building Commissioner of the City of Northampton. 5. The Plaintiff, Stanley F. Szewczyk, is a natural person, and brings this action in his capacity as Building Inspector of the City of Northampton. �Tli MA of Nort4ampton � � 118 SSItt1(1TStttB ' cvo - "Ft DEPARTMENT OF BUILDING INSPECTIONS INSPECTOR 212 Main Street • Municipal Building Northampton, MA 01060 April 26, 2000 Mr. Lawrence F. Dionne 218 Bridge Street Northampton, MA 01060 Mr. Lawrence F. Dionne PO Box 1104 Amherst, MA 01004-1104 Subject: Dates for Survey Board site inspection Mr. Dionne, Our office had contacted you to set up a site inspection by the survey board in order for our office to complete complaint to be filed against Mr. Fogel . You called our office on Friday April 18 to cancel the date that had been set up for April 25, 2000 at 2:30pm. You also stated that you would contact this office on Monday April 24 and give us dates that the survey board can conduct the site inspection. As of today's date April 26, 2000 we have not received a call or any communication from you as to when we can conduct the inspection. Please contact us with dates, this office has to co-ordinate the officials that must be present, without your co-operation the complaint against Mr. Fogel cannot move forward. Thank you for your cooperation. Sincerely, Anthony Patillo Building Commissioner City of Northampton CC: J. Sheppard, B. Fogel , L Johnson Cert# Z 537 532 587 Z 537 532 588 �s7dy of 9��N�a-errs%/' -,�r��gd� s�J ��i,,• �,..o y� ��1�� i/ .v��-6'Gr� �17 �1xL1�� 0ooz g z 1�, � r/dds i f,,oy. �•oa%� ��1L�� r,,o�g►�of� �i 6 b/ �z ' n o�/ dG-eZ-17 �e�b l ",6z! •��S OQ,'C11!�MP�O (Gzty of Wort4auiptou Z � � �Glassacltusrtfs �° _ -, DEPARTMENT OF BUILDING INSPECTIONS arch 21, 2000 INSPECTOR 212 Main Street • Municipal Building s VIOL " �Y�fiUTICE Mr. Bruce M. Fogel and Pauline Fogel 78 Main Street Northampton, MA 01060 Subject: Exit order/Hazardous Means of Egress at 218 Bridge Street 2nd floor Map 25C- 122 Dear Mr. & Mrs. Fogel, I have inspected the property located at 218 Bridge Street which the assessors book show you as owners and it is in violation of 780 CMR Massachusetts State Building code section 3400.4.1 for failing to provide the proper number of independent exits as required. The apartments on the second floor have only one means of egress, 780 CMR section 1010 and table 1012.2 requires that you provide two (2) means of egress. The apartments on the second floor must have two means of egress leading from second floor to grade in order for the unsafe condition to be abated. Pursuant to 780 CMR 3400.5.1 which states ..." In any building or structure not provided with exit facilities as herein prescribed for new buildings and in which the exits are deemed hazardous or dangerous to life and limb, the building official shall declare such building dangerous and unsafe in accordance with the provisions of 780 CMR 121.0." I am declaring the second floor at 218 Bridge Street unsafe for insufficient means of egress. You have twenty - four hours (24) from receipt of this notice to make safe the second floor of the building ,a building permit is required to perform the work to provide two means of egress from the second floor . Your failure to make safe second floor will result in court action. Your right of remedy as a person served with a exit order are prescribed in MGL 139 section 2. You may also appeal to the Board of Buildings and Regulations as per 780 CMR Section 122, the appeal to the Board of Buildings and Regulations will not restrain court action as outlined in 3400.5.1. If you have any questions please contact me at 587-1240. Sincerely, Anthony Patillo Building Commissioner City of Northampton z 537 532 586 cc: Janet Sheppard,M. Tymoczko, Peter McErlain x ,.•+� ri. ,�... 4 *try 71 ---_q -2 '144 Y- IK7 zr? 41, 141� C,""I ���/ L"y -�!,q-1 FF-ME *0, , m o�e+iurPTo Crz#g of Xoz#4olnptan z '� a �xssx�h�,s�tts "' DEPARTMENT OF BUILDING INSPECTIONS INSPECTOR 212 Main Street • Municipal Building Northampton, MA 01060 September 21, 1999 Attorney Bruce Fogel 78 Main Street Northampton, MA 01060 Dear Attorney Fogel, Re: 218 Bridge Street On September 20 1 went to apartment#11 at your property in response to a complaint from the occupant, Lawrence Dion. Mr. Dion stated that when he moved into the apartment,he was assured that there were two means of egress available to him. He told me that a few months ago,the tenant in the adjoining apartment had blocked the second exit. While I was there,he opened a door from his kitchen and showed me framing, insulation and sheetrock blocking the exit. h Chapter l of the Massachusetts 6`h edition, State Building Code section 101.4 clearly states that adequate means of egress must be maintained. As this tenant lives on the second floor and is concerned about this situation,please inform this office of your intentions concerning this matter. Sincerely, Stanley Szewczyk Building Inspector City of Northampton Enclosure S 780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS THE MASSACHUSETTS STATE BUILDING CODE 1025.1.2 Existing fire escapes: Existing fire of egress and shall be designated by"Exit"signs and escapes shall be continued to be accepted as a lights as provided for in 780 CLLR 1023.0. component in the means of egress in existing y buildings only. 10263 Construction: All chutes shall be 1025.I3 New fire escapes: New fire escapes for constructed of approved noncombustible materials existing buildings shall be permitted only where with a pitch in the line of travel of not less than 24 exterior stairs cannot be utilized due to lot lines nor more than 42° (0.42 rad to 0.73 rad),measured limiting stair size or due to the sidewalks, alleys on the developed circumference of spiral chutes. or roads at grade level. New fire escapes shall not Straight chutes shall not be less than 24 inches(6 10 incorporate ladders or access by windows. mm) and spiral chutes shall not be less than 28 inches (711 mm) in clear width; nor more than 44 1025.1.4 Limitations: Fire escapes shall comply inches(1118 mm)wide in any case. Where erected with 780 CMR 1025.0 and shall not constirrte on the interior of a building, the chutes shall be more than 50% of the required number of exits enclosed as required in 780 CMR 1014.11 for nor more than 50%of the required exit capacity._ interior stairways with direct means of egress to a street or other public way. 1025.2 Location: Where located on the front of the building and where projecting beyond the building 1026.4 Capacity: Slidescapes shall have a rated line, the lowest landing shall not be less than seven egress capacity of 60 occupants per slide. feet (2134 mm) or more than 12 feet (3658 mm) Shdescapes, except as permitted for occupancies in above grade, and shall be equipped with a Use Groups H-1 and H-2, shall not constitute more counterbalanced stairway to the street. In alleyways than 25%of the required means of egress capacity and thoroughfares less than 30 feet(9144 mm)wide, from any building or structure or any individual the clearance under the lowest landing shall not be story. less than 12 feet(3658 mm). 780 CMR 1027.0 ACCESS TO ROOF 1025.3 Construction: The fire escape shall be 1027.1 By stairway or ladder: In buildings more designed to support a live load of 100 pounds per than three stories in height except those with a roof square foot(488.20 kg/m)and shall be constructed slope greater than four units vertical in 12 units of steel or other approved noncombustible materials. horizontal (4:12). access to the roof shall be Fire escapes constructed of wood not less than provided by means of a stairway, an alternating nominal two inches thick are permitted on buildings bread stair in accordance with 780 C11R 10 14.6.6 or of Type 5 construction. Walkways and railings a ladder and trap door. The ladder shall not be on located over or supported by combustible roofs in the exterior of the building. Where the roof is used buildings of Types 3 and 4 construction are as a roof garden or for other habitable purposes, permitted to be of wood not less than nominal two sufficient stairways shall extend to the roof to inches thick. provide the necessity exit facilities from the roof as 1025.3.1 Dimensions: Stairs shall be at least 22 required for such occupancy. Roof trap doors shall inches(559 mm)wide with risers not more than, be constructed to comply with 780 CMR 15I0.2. and treads not less than, eight inches (203 mm) 1027.1.1 Optional stairway or ladder: In and landings at the foot of stairs not less than 40 buildings not required to have a stairway, inches (1016 mm) wide by 36 inches (914 mm) alternating tread stair or ladder to the roof,such long,located not more than eight inches(203 mm) devices, if provided, shall conform to the below the door. provisions of 780 CMR 1027.0. Ladders placed on the exterior of the building shall be of metal 10253.2 Opening protectives: Doors and and if exceeding 20 feet (6096 mm) in height, windows along the fire escape shall be protected shall have a protective cage or other safety device. with /.-hour opening protectives. The siderails of exterior ladders shall be carried 780 C�2 1026.0 SLIDFSCAPFS over the coping or parapet to serve as handrails Other design details of such exterior ladders are 1026.1 Where permitted: Existing slidescapes and subject to approval. safety chutes shall be permitted in existing occupancies in Use Groups E, H and I where 1027.2 Roof enclosures: stairways extending approved. Slidescapes and safety chutes shall be through roofs shall be enclosed in roof structures of permitted in occupancies in Use Groups H-1 and H- fireresistance rated construction which conform to 2 where constructed in an approved manner. the requirements of 780 CMR 1510.0. 1026.2 Location: The arrangement and location of siidescapes shall conform to 780 CMR 10 for means 198 780 CMR-Sixth Edition corrected-9/19/97(Effective 2/28/97) O O of Wort4ainptou �IASSAthliSttt3 J DEPARTMENT OF BUILDD`G INSPECTIONS INSPECTOR 212 Main Street 0 Municipal Building 5 ey�f Northampton,MA 01060 July 30, 2000 Bruce Fogel 78 Main Street Northampton, MA 01060 Subject: Second Means of Egress 218 Bridge Street 2nd Floor Map 25c -Parcel 122 Dear Mr. Fogel, The application for the installation of a fire escape that your contractor applied for must comply with the 6`t'Edition of the State Building section 1025.1.3 for new fire escapes. "New fire escapes for existing buildings shall be permitted only where exterior stairs cannot be utilized due to lot lines limiting stair size or due to the sidewalks, alleys or roads at grade level New fire escapes shall not incorporate ladders or access by windows. " If you have any questions please contact me at 587-1240. Sincerely, Anthony Patillo Building Commissioner City of Northampton CC: L. Dionne, M. Lane Cert# z 537 532 593 S ND R: ../ v ■Complete items t and/or 2 for additional services. 6qJ !d !also wish to receive the ■Complete items 3,4a,and 4b. following services(for an ■ca d toourkname and address on the reverse of this form so that we can return this extra fee): ■Atach this form to the front of the mailpiece,or on the back if space does not f. ❑ Addressee's Address d ■write'Retum Receipt Requested'on the maiipiece below the article number. 2. ❑ Restricted Delivery t The Return Receipt will show to whom the article was delivered and the date « L delivered. Consult postmaster for fee. 0 3.Article Addressed to: 4a.Article Number d Z 537 532 593 E 0. Bruce Fogel 4b.Service Type $ 78 Main St ❑ Registered ❑ Certified Northampton, mA 01060 ❑ Express Mail ❑ Insured ❑ Retum Receipt for Merchandise ❑ COD 7.Date of Delivery z Q j In ¢ 5 e ived By:(Print Namej 8.Addressee's Address(Ohly if requested LCUC G and fee is paid) 6.Signet,, dd%ssee nt) T X t PS f=orm 3811, December 1994 102595-97-e-0179 Domestic Return Receipt First-Class Mai! UNITED STATES POSTAL SERVICE Postage&Fees Paid ,LISPS Permit No.-G40 J • Print your narn "a .and ZIP Cado in this „+ City of Northampton Building INspector's 212 Main 5t -- Rm 100 Northampton, MA 01060-3189 z? lit,l,,,,flit,,,,It„It:,,,:It,:„tlt„l,t,t„t►t,►l,t„►t,►tt Z 53 532 i 13 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. �2jrC-/act-- Do not use for International Mail See reverse Sent to Bruce Fogel Street&Number 78 Main Street 8 Post Office,State,&ZIP Code Northampton, MA 01060 Postage $ Certified Fee Special Delivery Fee T Restricted D Return owing yQ Whom Delive r fl Return t Showing t Q Date, Wr ssee's Ad ss `— 0 TOTAL st a �s M Postmark E ,�nyd 0 LL Cn CL Stick postage stamps to article to cover First-Class postage,certified mail fee,and charges for any selected optional services(See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service m window or hand it to your rural carrier(no extra charge). 2 !f you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach,and retain the receipt,and mail the article. rn 3. If you want a return receipt,write the certified mail number and your name and address rn on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits. Otherwise,affix to back of article, Endorse front of article n RETURN RECEIPT REQUESTED adjacent to the number. Q 1 4. If you want delivery restricted to the addressee, or to an authorized agent of the C addressee,endorse RESTRICTED DELIVERY on the front of the article. M 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. `o II 6. Save this receipt and present it if you make an inquiry. 1025)5-c)8 B POO5 d I Stick postage stamps to article to cover First-Class postage,certified mail fee,and charges for any selected optional services(See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier(no extra charge). m 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the 9) return address of the article,date,detach,and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends 4 space permits. Otherwise,affix to back of article. Endorse front of article a RETURN RECEIPT REQUESTED adjacent to the number. Q 4. if you want delivery restricted to the addressee, or to an authorized agent of the O addressee,endorse RESTRICTED DELIVERY on the front of the article. qp 5. Enter fees for the services requested in the appropriate spaces on the front of this t+?E receipt. if return receipt is requested,check the applicable blocks in item t of Form 3811. ro 6. Save this receipt and present it if you make an inquiry. 102595-97-B-0145 d Z 0101 726 708 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse motto Lawrence d i onne Street&Number 218 Bridge St Post Office,State,&ZIP Code +, N ' Q) Postage C7 Certified Fee 'C7 •—+ Special Delivery Fee m Restricted Delivery Fee;',` a' t LO Retum Receipt Showing io' Whom&Date Delivered Retum Receipt Stw"to Wttain, Q Date,&Addressee's Address 0 TOTAL Postage&Fees "s, c7 Postmark or Date -" LL a Stick postage stamps to article to cover First-Class postage,certified mail fee,and charges for any selected optional services(See front). 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service m window or hand it to your rural carrier(no extra charge). ar 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach,and retain the receipt,and mail the article. LO 3. It you want a return receipt,write the certified mail number and your name and address rn on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article a RETURN RECEIPT REQUESTED adjacent to the number. ?. If yoU want delivery resifided to the addressee, or to an authorized agent of the C addressee,endorse RESTRICTED DELIVERY on the front of the article. to C*) 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. o LL 6. Save this receipt and present it if you make an inquiry. 102595-97-B-0145 U) Z 010 726 709 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail See reverse °- "t10 w Laurie Johnson C� Street&Number CD 218 Bridge St-2nd 1rF LM Post Nt'tton ZIP Code Ma 01060 m Postage Certified Fee f Special Delivery Fee Restricted Delivery F,eg' °i Return Receipt Sh gto a Whom&Date Delid ?Q o Rehm Receipt Slowing to Whom, Q Date,&Addressee's Addr, aTOTAL Postage&Fees" M Postmark or Date E 0 LL rn a Stick postage stamps to article to cover First-Class postage,certified mail fee,and charges for any selected optional services(See front). 1. If you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier(no extra charge). 2 If you do not want this receipt postmarked,stick the gummed stub to the right of the 2 return address of the article,date,detach,and retain the receipt,and mail the article. Lo 3. If you want a return receipt,write the certified mail number and your name and address rn on a return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends it space permits. Otherwise,affix to back of article. Endorse front of article n RETURN RECEIPT REQUESTED adjacent to the number Q 4. If you want delivery restricted to the addressee, or to an authorized agent of the O O addressee.endorse RESTRICTED DELIVERY on the front of the article. 00 M 5. Enter tees for the services requested in the appropriate spaces on the front of this E receipt If return receipt is requested,check the applicable blocks in item 1 of Form 3811. 6 LL 6. Save this receipt and present it if you make an inquiry. 1r12 ?5-98-f3-PODS d .a Q O O O Cl) E 0 LL W a Z 5J7 532 5-88 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail(See reverse) Sent to Mr. Lawrence F. Dionne str V` ' & 1104 Il1Clerst, 7_I Post A Office,State,& P Code01004-1104 Postage $ � Certified Fee l Special Delivery Fee Restricted Delivery Fee 5, Return Receipt Sho Whom&Date Del' rf@ Return Receipt Show Date,&Addressee's s v TOTAL Postage& Postmark or Date NQ 1 d V S Stick postage stamps to article to cover First-Class postage,certified mail fee,and charges for any selected optional services ISee front). 1 it you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service Q) window or hand it to your rural carrier(n(,extra charge). 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the Q return address of the article,date,detach,and retain the receipt,and mail the article. in 3 i` you want a return rece,pt,w ite the certified mail number and your name and address _rn on'a return receipt card,Form 3811,and attach it to the front of the article by means of the _ gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adarent to the number 4 4_ If you want delivery ,estrir,ted to the addressee, or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. OODD M 5. Enter fees for the services requested in the appropriate spaces on the front of this E receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. o L. 6 Save this receipt and present it it you make an inquiry 59t-28 B.p005 cf1 IL Z 537 532 597 US Postal Service Receipt for Certified Man �ila h No Insurance Coverage Provided. pry C 4 Do not use for International Mail See reverse Split to Mr. Lawrence F. Dionne S t&Numbgr 518 Bridge St Post Offi State,&ZIP Cod L Northampton,Code Postage $ Certified Fee LjY Special Delivery Fee Restricted Delivery Fee LO rn Return Receipt Showing to Whom&Date Deliver J a Rehm Receipt Show !� r Q Date,&Addressee. s CD TOTAL Posta ees EPostmark or D t& !� n- MO_L UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Print your name, address, and ZIP Code in this box • City of Northampton Building Inspector's 212 Main St - Rm 100 Northampton, MA 01060-3189 1H >f t :hl! 1111111'-illhfl h., SENDER: v ■Complete items 1 and/or 2 for additional services. I also wish to receive the w ■Complete items 3,4a,and 4b. following services(for an » ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ai ■Attracc?this form to the front of the mailpiece,or on the back if space does not 1. E3 Addressee's Address pe d ■Write'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery to .5 ■The Return Receipt will show to whom the article was delivered and the date c delivered. Consult postmaster for fee. .0 v 3.Article Addressed to: 4a.Article Number d d Mr & Mrs.. Bruce Fogel Z 537 532 586 E 78 Main Street 4b.Service Type Northampton MA 01060 ❑ Registered ❑ Certified ❑ Express Mail ❑ Insured S LU ❑ Return Receipt for 106chapdise ❑ COD 7.Date of Delivery ° a 0. 5.Received By: (Print Nam ) 8.Addressee' Add ss(Only if requested LU / 'h and fee is paid) r 6.Signatur d ressee o t) T X w PS Form 3811, December 1994 V 102595-97-e-0179 Domestic Return Receipt Stick postage stamps to article to cover First-Class postage,certified mail fee,and charges for any selected optional services(See front). 1, if you want this receipt postmarked, stick the gummed stub to the right of the return address leaving the receipt attached, and present the article at a post office service m window or hand it to your rural carrier ino extra charge). T 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the Z return address of the article,date,detach,and retain the receipt,and mail the article. u7 3 if you want a return receipt,write the certified mail number and your name and address on a return receipt card.Form 3811,and attach It to the front of the article by means of the gummed ends if space permits. Otherwise.affix to back of article. Endorse front of article a RETURN RECEIPT REQUESTED adjacent to the number. Q .1 If you want delivery restncted to the addressee, or to an authorized agent of the 1 addressee,endorse RESTRICTED DELIVERY on the front of the article, 00 M 5 Enter fees for the services requested in the appropriate spaces on the front of this E receipt If return receipt is requested check the applicable blocks in item i of Form 3811. o ILL 6. Save this receipt and present it if you make an inquiry tf cD CL Z 5:37 532 5 '' 6 US Postal Service )- /e Receipt for Certified Mail �a �-- No Insurance Coverage Provided. Do not use for International Mail see reverse) X10 & Mrs. Bruce Fogel "'WW Street "OdNIA 01060 ostage $ j Certified Fee / 'i l/ Special Delivery Fee Restricted De' Fee Retu cei y r� to Delive / ` R ing to ddress T Postage s Pos 4N m SENDER: o ■Complete items t and(or 2 for additional services. I also wish to receive the �+ ■Complete Rama 3,4a,and 4b. following services(for an ■Print your name and address on the reverse of this form so that we can retum this a fee): card to you, a ■Attach this form to the 1141tod'on se mailpiece,or on the back if space does not t, ❑ Addressee's Address permit. m ■Wlite'Retum Receipt the mailpiece below the article number. 2. ❑ Restricted Delivery ■The Return Receipt will show to whom the article was delivered and the date C delivered. Consult postmaster for fee. 0 3.Article Addressed to: 4a.Article Number cc a Ms Laurie Johnson Z 010 786 709 E 218 Bridge St-2nd Flr Frnt 4b.Service Type N ' ton , M A 01060 El Registered certified o ❑ Express Mail ❑ Insured a `} ❑ Retum Receipt for Merchandise ❑ COD 7.Date f elive g 5.Received By:(Print Name) 8. resse s Address(Only if requests c and fee is paid) c6.Sign :(Addressee orA nt) X PS FOMY381 1, December 1§94 102595-97-8-0179 Domestic Return Receipt First-Class Mail UNITED STATES POSTAL SERVICE Postage&Fees Paid USPS Permit No.G-10 • Print your name, address, and ZIP Code in this box• City of Northampton Building Dept 212 Main St-Rm 100 Northampton , MA 01060 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 Print your name, address, and ZIP Code in this box • City of Northampton Building Inspector's 212 Main St - Rm 100 Northampton,MA 01060-3189 0- SENDER: v ■Complete items 1 and/or 2 for additional services. L4— 0701 I also wish to receive the ei ■Complete items 3,4a,and 4b. following services(for an d ■Print your name and address on the reverse of this form so that we can return this extra fee): card to you. d ■Attach this form to the front of the mailpiece,or on the back it space does not 1. ❑ Addressee's Address Z permit. y ■Write'Retum Receipt Requested'on the mailpiece below the article number. 2. ❑ Restricted Delivery r ■The Return Receipt will show to whom the article was delivered and the date delivered. Consult postmaster for fee. 0 m 3.Article Addressed to: 4a.Article Number Z 537 532 588 ` c Mr Lawrence F. Dionne 4b.Service Type d P O BOX 1104 ❑ Registered ❑ Certified tr Amherst, MA 01OL04-1104 ❑ Express Mail ❑ Insured c cc �. ❑ Return Receipt for MerchandigO ❑ COD 7.Date f very 0 z -77V ' Q� o 5.Received By: (Print Name) 8.Addr ssee's Addr (Only if requested and fee is paid) I i t•- 6.Signature:(Addressee orAgen i. X m ` PS Form 3811, December 1994 102595-97-e-0179 Domestic Return Receipt