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HomeMy WebLinkAboutBonney Ln. #2 (apt 26) - 12/2/1986MMOMIW &xe� ClAw al �urir✓ ��r�iused a Bailus Walker, Jr.,Ph.D.,M.P.H. -150 ✓:?w� Awet COMMISSIONER 00JAW 02. i/ December 2, 1986 1�f Alan Steinberg (" 2 Bonney Lane #26 Mansfield, MA 02048-3034 Dear Mr. Steinberg: This office has been in receipt of several pieces of correspondence from you alleging sewage backups into your dwelling unit. Communication between me and the agent for the Mansfield Board of Health indicates that they have never been able to confirm a problem because of your apparent failure to contact when the problem occurs and prior to cleanup. It is essential you do so. Additionally, we have been informed that repair work to the sub -surface sewage disposal system is in progress. Sincerely, Howard S. Wensley, Director Division of Community Sanitation HSW/ch cc: Scott Leite November 22, 1986 Malcom B. Post, President Post Properties Ten Forbes Road West Penthouse Braintree, Mass. 02184 RE: Alan Steinberg v. Bristol Associates Dear Sir: As you are obviously aware there was another sewerage overflow at 2 Bonney Lane Saturday between the houpS of 1PM and 3PM of the above mention day. Fortunately that incident had been confined to the laundry room. After repeated calls to the on duty (maintenance person) they were finally convinced to come down and WET-VAV the laundry room and immediate surrounding area. Another fine job well done by your superb staff, they failed to wash and sanitize the floor and the odor was obnoxious for many hours later. The health and welfare of myself and the other tenants of Two Bonney lane are still injepeoardy and your continued non-compliance with the issues. truly G7 Alao Steinberg cc: J. Russell Hodgdon, Esq. Scott Leite, Health Agent Mr. Howard Wensley Mr. Gilbert Jolly October 28, 1986 Ms. B. Post, President Bristol Associates, Inc. 11 Bonney Lane Mansfield, MA 02048-3034 Dear Ms. Post: Less than one and a half weeks ago, on October 21, 1986, for,the EIGHTH TIME, my apartment (#26) was again inundated with sewerage system back-up overflow material, contiminated (brown) water. Your new maintenance worker was there but, was unable to enter my apartment because he had no key.I had to give him my spare key. The sewerage water was flowing from the dining, kitchen and bathroom areas, completely inundating the matting and the rugging so that no amount of vacuuming would dry the flooring materials. It will take many weeks before the floor is dry and bacteria can be bacteriacide. As usual, your complete avoidance and lack of concern for Humane Health Safety issues still continues. The utter frustration of this situation, not being able to , bring your attention to the severity of the situation, and the sewerage problem itself have become a nightmare. Myself and the tenants in the building #2 are again subject to disease and illness. Your attitude is one of indifference and lack of compassion. As long as the rent keeps coming in, that's all that counts.` Perhaps the Department of Public Health and the Department of Environmental Quality Engineering can change your mind and make a viable legal code operating sewerage system. Perhaps you can explain what steps you will be taking to bring the sewerage system up to Public Health code standards and regulations. Tr I your r, Ala Steinberg 2 onney Lane #26 Mansfield, MA 02048-3034 cc: Mr. Scott Leite, Health Agent Board of Health Town of Mansfield 50 West Street Mansfield, MA 02048 Bailus Walker, Jr.,Ph.D.,M.P.H. COMMISSIONER Scott Leite, Agent Board of Health 50 West Street Mansfield, MA 02048 Dear Scott: ii i f mo A oz-//), November 4, 1986 RE: MANSFIELD - 2 Bonney Lane #26 This office is in receipt of a letter from an occupant of the above -cited dwelling unit alleging a chronic sewage back-up into his unit. This is the same complex for which this office has relayed similar complaints in the past to you. Appended to the letter was a copy of a letter from you, dated September 24, to the tenant stating that "the Board of Health has been assured by Bristol Associates that every step is being taken to correct this problem". Given the chronic problems that exist and their continuing nature it is essential that an inspection be conducted and proper orders issued to the owners to abate the problem. Additionally, all effected tenants must receive copies of the order and available tenant remedies. it would be appreciated if you would forward a copy of the inspection report and order to this office. Additionally we would appreciate learning what steps Bristol Associates have/are taking to correct the problem. If you have any questions or need any assistance, contact Mina Paladino at the Southeast Regional office. Sincerely, Howard S. Wensley, Director Division of Community Sanitation HSW/dw cc: Alan Steinberg J. RUSSELL HODGDON MARSHA K. FALK Malcolm B. Post General Partner Bristol Associates c/o Post Properties Ten Forbes Road West Penthouse Braintree, MA 02184 �� yBDDJCofGl.��.B7Ltw�G .:Oto�oFlor�, ./ila!/ao�rw✓� OPy0/ Go�+r �/f�SB&f088 November 17, 1986 RE: Alan Steinberg v. Bristol Associates Dear Sir: This is a formal demand for damages pursuant to the Massachusetts Consumer Protection Act, G.L. c.93A, ss. 1 et sec., and the Rules and Regulations promulgated by the Attorney General thereunder, for your unfair and deceptive acts and practices relative to the rental of certain real property, to wit, 2 Bonney Lane, Apartment 26, to my client, Mr. Alan Steinberg. On at least seven separate occasions, April 9 and 18, May 18, August 8, September 11, and October 8 and 21, 1986, water contaminated with raw sewerage has flooded Mr. Steinberg's apartment. He has had to temporarily vacate the apartment for days at a time, to allow for the cleaning of his premises. He has notified you in writing on each occasion of this flooding, and to this date you have failed to remedy the situation. Mr. Steinberg has suffered serious monetary and emotional damage as a result of the flooding. He has incurred expenses in obtaining alternate housing, including meal and related costs, sustained damage to his furniture and plants, and suffered extreme emotional distress because of the stench and contamination of the premises and his forced relocation. Moreover, the value of his premises has been substantially reduced because of the deplorable flooding conditions. You have also breached the implied warranty of habitabilty implicit in the rental of residential premises by allowing this condition to recur on a regular basis. Malcolm S. Post November 17, 1986 Page Two Please be advised that if I do not receive a reasonable settlement offer from you within thirty (30) days of your receipt of this letter, I shall take appropriate legal action to enforce my client's rights . I shall also seek double or treble damages for your wilful violations of G.L. c.93A, and reasonable attorney's fees. I trust that you will give this matter your immediate attention. Very truly yours, J. RUSSELL HODGDON JRH/ Certified Mail Receipt No. 626 427 055 cc: Mr. Alan Steinberg Mr. Scott Leite, Health Agent EA Emerald Woodlands Condominium Trust P.O. Box 708 Mansfield, MA 02048 April 11, 1993 Scott Leite, Health Agent Town of Mansfield 50 West Street Mansfield, MA 02048 Dear Mr. Leite, In regards to your letter of 4/7/93, received 4/10/93 dealing with 6.2 Failure of Septic Systems, the following is being done: 1) We have contacted L & R Sanitation, Norton, MA for pumping 2) The Town of Mansfield has approved the engineering plans submitted by John Driscoll, and we are currently in the process of connecting to the town sewer. Our answering service phone number is 508-261-0908. Yours truly, Patricia A. Nielsen, Trustee TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 April 7, 1993 Emerald Woodland Condo Trust 20 Erick Road PO 708 Mansfield, MA 02048 Dear Sir, On April 7, 1993 inspections of your property at 20 Erick Road disclosed septic discharge onto the ground. The septic system has failed, as defined by the Mansfield Board of Health's Requirements for the Subsurface Disposal of Sanitary Sewage: 6.2 Failure of Septic Systems. This is also a violation of the State Environmental Code Title V: Minimum Requirements for the Subsurface Disposal of Sanitary Sewage; 310 CMR 15:02 (20). 15:02 (20) Discharge to Surface of Ground: No sanitary sewage shall be allowed to discharge or spill onto the surface of the ground or to flow into any gutter, street, roadway, or public place, nor shall such material discharge onto any private property. Under the terms of the State Environmental Codes and the Board of Health Regulations: Requirements for the Subsurface Disposal of Sanitary Sewage and the Sewer Connection Regula- tion, you are required to correct this violation. We ask your cooperation in doing so. You have fourteen (14) days to correct this problem by connecting to available common sewer. You may also request a hearing, and it is your responsibility to request the same by filing, in writing, within seven (7) days of receipt of this notice to the Mansfield Board of Health. Furthermore, you are hereby ordered to abate the nuisance at 20 Erick Road, defined (for this purpose) as discharge of sanitary sewage onto the ground. See Massachusetts General Emerald Woodland Condo Trust Page 2 April 7, 1993 Law, Chapter 111, Nuisances; Section 123, Abatement by Owner and the State Environmental Code, Title V: Minimum Require- ments for the Disposal of Sanitary Sewage, General Require- ments, Discharge to Surface of Ground. If this nuisance is not abated within forty-eight (48) hours of receiving this order, Massachusetts General Law Chapter 111 of Nuisances, Section 125 Removal of Nuisance by Board, and Mansfield Board of Health's Requirements for the Sub- surface Disposal Sanitary Sewage: Section 6.1 Nuisance will be enforced. In order to keep sewage from discharging onto the ground, it is recommended that you engage a septic handler to pump the septic tank of the failed sewage disposal system as often as necessary, until the situation is remedied. If proof of this action is not submitted within seventy-two (72) hours of receipt of this order, the Mansfield Board of Health will order the work done, at your expense, and levy all appropriate fines. Please inform this office, in writing, within forty-eight (48) hours, of the steps you intend to take to remedy this problem. If I may be of assistance, please do not hesitate to call. erely, Scott) Leite Heal,O Agent /dr Certified Mail: P 080 442 504 ondominium April 5, 1993 Scott Leite Health Agent Town of Mansfield 50 West Street Mansfield, MA 02048 Re: Alleged Sewer Discharge at Edgewood Condominium Dear Mr. Leite: I have followed your recommendation to engage a septic handler to pump the septic tank on the west side of 10 Erick Road. Aardvark Pumping Service of Walpole, under the management of John DiSangro, Jr., has made the first pumping on Sunday April 4, 1993 and I have requested a second pumping for today April 5, 1993 to fully drain the tank in question. 1 have inspected the area in front of 10 Erick Road on the morning of April 5th and found it to be dry. We will continue to pump that tank on a regular basis to alleviate the problem. I have also contacted Dave Oliveria, of Norton Asphalt, to inspect the cracked pavement in front of 10 Erick Road in order to have it sealed. I regret to inform you that the long term solution to connect to common sewer within 14 days of your notice will be impossible to fulfill. I hereby request an extension of time to engage a sewer contractor for the work at 10 Erick Road. I can be reached during the day at (508) 651-6085 or 339-0925 in the evening hours. Thank you for your help with this matter. Kevin P. aker Property Manager Edgewood Condominium cc: G. Nash A. Haritos P. O. B& 954�rfi TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02048 April 2, 1993 Mr. Kevin Baker, Trustee Edgewood Condominiums 10 Erick Road, Unit 27 Mansfield, MA 02048 Dear Mr. Baker, On March 27, 29 and April 2, 1993 inspections of your prop- erty at 10 Erick Road disclosed septic discharge onto the ground. The septic system has failed, as defined by the Mansfield Board of Health's Requirements for the Subsurface Disposal of Sanitary Sewage: 6.2 Failure of Septic Systems. This is also a violation of the State Environmental Code Title V: Minimum Requirements for the Subsurface Disposal of Sanitary Sewage; 310 CMR 15:02 (20). 15:02 (20) Discharge to Surface of Ground: No sanitary sewage shall be allowed to discharge or spill onto the surface of the ground or to flow into any gutter, street, roadway, or public place, nor shall such material discharge onto any private property. Under the terms of the State Environmental Codes and the Board of Health Regulations: Requirements for the Subsurface Disposal of Sanitary Sewage and the Sewer Connection Regula- tion, you are required to correct this violation. We ask your cooperation in doing so. You have fourteen (14) days to correct this problem by connecting to available common sewer. You may also request a hearing, and it is your responsibility to request the same by filing, in writing, a within seven (7) days of receipt of this notice to the Mansfield Health Department. Furthermore, you are hereby ordered to abate the nuisance at 10 Erick Road, defined (for this purpose) as discharge of sanitary sewage onto the ground. See Massachusetts General Kevin Baker Page 2 April 2, 1993 Law, Chapter 111, Nuisances; Section 123, Abatement by Owner and the State Environmental Code, Title V: Minimum Require- ments for the Disposal of Sanitary Sewage, General Require- ments, Discharge to Surface of Ground. If this nuisance is not abated within forty-eight (48) hours of receiving this order, Massachusetts General law Chapter ill of Nuisances, Section 125 Removal of Nuisance by Board and Mansfield Board of Health's Requirements for the Sub- surface Disposal Sanitary Sewage: Section 6.1 Nuisance will be enforced. In order to keep sewage from discharging onto the ground, it is recommended that you engage a septic handler to pump the septic tank of the failed sewage disposal system as often as necessary, until the situation is remedied. If proof of this action is not submitted within seventy-two (72) hours of receipt of this order, the Mansfield Board of Health will order the work done, at your expense, and levy all appropriate fines. Please inform this office, in writing, within forty-eight (48) hours of the steps you intend to take to remedy this problem. If I may be of assistance, please do not hesitate to call. Certified Mail: P080-442-503 AGT Financial Computer Services, Inc., June 18, 1992, Thursday Scott Liette, Inspector Board of Health Town of Mansfield West Street Mansfield, MA 02048 6 Gilson Road, Suite 45, Quincy, MA - (617) 328-5506 Re: Hearing June 18, 1992 Dear Scott: Thank you for speaking with Mary Watson, Jay White and myself in the park- ing area. As we had two more Trustees coming, I wanted them to be included as well, and hear first-hand your recommendations and findings. To make sure that we understand each other clearly, I want to simply recap the points of the Hearing as follows: 1. Your inspection of the premises on June 18th found that some seepage was lying on top of the ground, but the situation is improved since your original inspection. 2. The Chairman leaves next door to our premises, and has found that the Building 21 Erick Road leeching field is dry with cracked soil, but he was concerned about the seepage and potential for mosquitoes in the area. 3. The decision is for all parties to keep on top of the situa- tion and keep lines of communication open -- and that we are to maintain the seepage control measures we have implemented. 4. That a report from a qualified engineering (RIM Engineering) firm is not required at this time as to the leeching field, but could be requested in the future. On a separate note, I wish to inform you that I did look into the state- ments made to me by Mr. Haldoupis (which we previously discussed) and found them totally in error. Please be advised that Mr. Haldoupis is no longer associated with my firm. Thank you for your patience and cooperation in this matter, and extend to the members of the Board our thanks as well. Please do not hesitate to contact--6e-fbr any reasgn whatsoever. t Pres TOWN OF MANSFIELD, MASSACHUSETTS 50 West Street, Mansfield, MA 02043 December 3, 1989 Village Condominium Trust PO Boy. 708 Mansfield, MA 02048 Dear Sirs: On November 30, 1989, an inspection of vour property at 20 Erick Road disclosed septic discharge onto the ground. The septic system has failed, as defined by the Mansfield Board of Health Regulation "Failure of Septic Systems.' This is a vi.oLation of the State Environmental Code Ti7P V: Minimum Subsurface Disposal of Sanitary Sewage; Requirements for the e 310 C`IR, 15:02 1201. 15:02 (20) Discharge to Surface of Ground: No sanitary sewage shall be allowed to discharge or spill onto the surface othe ground or to flog, into ,an,, gutter, street, roadway, or public place, nor shall such f material discharge onto any private Property. Under the terms of the State Environmental Codes, you are required to correct this violation. We ask your cooperati•^n in doing so• You have twenty-one (21) days to correct thi=. problem by repairing the system. You may also request a heAring and it is your responsibility to request the same fulLng, In writing, a within seven (7) days of receipt .,_ this notice to the. Mansfield Health Department. Furthermore, you are hereby ordered to abate the nuisance, at 23 Erick Road defined (for this purpose) as discharge of t. See ?fassachusetts Genoral sanitary sewage onto the ground. ,abatement b;: Owner Lacy, Chapter !A. Nuisances, Section 123, and the State Environmental_ Code, Title v: MGinarall nima Requirements for the Disposal of Sanitary Sewage, General Requirements, Discharge to Surface- of Ground. not abated within n forth--�ei _'ht (49) hours If ig t ] (general law Chanter of receiving this order, Massachusetts Ill of Nuisances, Section 125 Removal. of Nuisance by Board and Town of Mansfield Septic Regulations: Minimum Requirements for the Disposal of Sanitary Sewage in Unsewered Area; Regulation 18 Nuisance will be enforced. In order to keep sewage from discharging onto the ground, it is recommended that you engage a septic handler to pump the septic tank of the failed sewage disposal system as often as necessary, until the system is repaired. I£ proof of this action is not submitted within seventy- two (72) hours of receipt of this order, the Mansfield Board of Health will order the work done, at your expense, and levy all appropriate fines. Sin ely, S tt L e, Health Agent Certified Mail: P 135 335 956 These order have been served in compliance with 310 CMR 11.7. BY AT ON cc: Richard Orpen, <'o4FFe 4-TY CC)', 'V" W?S-c 6"4�rL or . Brockton, MA 02401 August 25, 1986 Mr. Scott Leite Health Agent Board of Health 50 West Street Mansfield,MA 02048 Dear Mr. Leite: Three times in six months the inadequate sewerage systemiat 2 Bonney Lane, #26 has backed -up and flooded my ap�)rtment. The first incident of sewerage back-up occurred on April 18, 1986, :the second on May 18, 1986. The third back-up happened on August 8, 1986. The owners are well aware of the sewerage back-up because it has happened to previous tenants. I also spoke to the vacuum -steam cleaning contractor who reiterated that it has backed -up many times before. As I have stated to the owners that the sewerage system is a health land safety hazard, not only to me, but also to the small children and other tenants in the building. Your assistance, Mr. Leite, would be greatly appreciated. Thank you in advance. Very Truly Y s, A . 1 Mr+. Alan Steinberg 2 Bonney Lane #26 Mansfield, MA 02048-3034 cc: Mr. Edward Tartufo, Chairman Board of Health 50 West Street Mansfield, MA 02048 .,. REOISTERED ENOINCER MA ... CHUEETT. ELAND NEW HA [W NAMPEHIRF VERM Consulting Engineers & Land Surveyors MAIN[T REOIITEREO LAND CIVIL, STRUCTURAL A- MECHANICAL SURVEYOR 176 PRESIDENT! LANE, SUITE G-5. QUINCY. MASS. 62189 Tel • 773 2255 —i 46 Trout Farm Lane, Duxbury, Mass. 02332 -fi Bus. 585 5910 Res. 585 5647 June 6, 1986. BUILDING! a MISCELLANEOUS Board of Health STRUCTURES Town Hall. D ansfield, Massachusetts 02048 lP ECI►ICATION! DEMON SUPERVISION Re: Septic Systems on Lot #9, Bonney Lane, Mansfield, Mass. PLANT ENGINEERING Dear Members, MECHANICAL DESION The owner of these two buildings has been calling me for some weeks to engineer a solution to what could be a potential problem with the system BUILDING operation. I designed these systems about 16 years ago in accordance MVESTIOATIONS with the then -accepted practices on leaching chamber design. The situation has been discussed with your Health Agent, Scott Leite, ENGINEERING today, We have agreed to conduct on -site soil and percolation tests REPORTS adjacent to the existing systems on Friday, June 13, 1986 at his request. The main reason is to ascertain the present water table height, which CONSTRUCTION affects the decision on what kind of repair should be proposed on this ESTIMATES lot. I would expect that it would be similar to the one already made at the southernmost of the two buildings on Lot #10, which consisted of an additional field being placed between the two existing chamber fields and a pump pit placed right adjacent to the existing septic tank. This SURVEYING also allows the original £i&$ds to dry out and possibly be able to be used again at a future time. SUBDIVISIONS INDUSTRIAL RXMnMNT:.EL Since no "As Built" drawings were required of the original installation on Lot #9, the existing fields and tanks will be measured up next Friday, so as to be able to accurately locate any replacements that are to be de- signed at this time. The existing situation can also be examined closely PLANNING FOR for any recommendations by the Health Agent. RELOCATION OF STRUCTURES Due to the extreme pressure of business at this time I have been prom- ising Mr. Post that a solution would be forthcoming for some time. This lb1 procedure, as outlined herein, should accomplish that shortly. I ; ,e w6,RA42 Very truly yours,01, ' 46, R. C= Ij - cc: Malcolm Post 0�1 90UlHW4C� ME /mond C. Southwic 8883 •SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you. The return recei t fee will rovide ou the name of the arson delivered to and the date of deliver .For ad Itlonal ees t e ollowing services are oval able. onsult postmaster or fees an chec oxles or additional servicels) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) a A..:,.ie AAA--ri to 4. Asticle Number I „ /,, y, r--- U 0 T d. J L/ . K V u' n �`Q�--Y/( � 5. Type of Service: Irr"!r^^' ❑ Registered ❑ Insured ertified ❑ COD ❑Express Mail ❑ Return Receipt P for Merchandise PA Fnrm t.) Always obtain signature of addressee or agent and DATE DELIVERED, R. Addressee's Address (ONLYif requested and fee paid) Anr. 1989 •U.S.G.P.O. 1989-238.815 DOMESTIC RETURN RF"'O'r •S p R; iomplete Items 1 and 2 when additional services are desired, and complete items 3 ent this an 4. the following services ere available. Consult .orurned to you. h return recel t fee w II rov de ou the name of the a son put your address in the "RETURN TO" Spaae on the reverse side. Failure to do this Will prev Ei ❑ Show �o whom R/Extra charge)' Article Addressed to: Village 'Condo Trust PO Box T,08 02048 Mansfield, MA — Aaoreaa-c, U a=IDJ IT — Anent addressee's Type of Service: ❑ I tared ❑ Insured Certified ❑ COD ❑ Express Mail Always obtain signature of addressee or agent and DAT�Eft-dam_ 7, Date or r PS Form 3811, Maz. 1987 a U.S.G. P.O. 19s7-t78-25e DOMESTIC RETURN RECEIPT J I vJUWISod .0 a.� Seal �g d IVi(Dl,� 01 bWmpyc I" aa� uJs}0d h ] W ad . Pay; . ail a''l�l".-��,:'aalj Vt/✓ 1. aaj pays➢r., a6elscd J �� � P dk2 pue al�( �L xo9 pd cI onplJTPue ha -a 1pS01 (asJana& aaS) iivrl IWIOUNURNI eoa AM aaamoad 19NbIAOO aonvensNi ON 'ptlN) 431d11'Id0 HOi 1d13M3;1 h05 2hh 080 d PS Form 3811.Apr. 198