Adams Board of Health Drops Neighbors' Tree Dispute
ADAMS, Mass. — After months of negotiations and public hearings, the Board of Health has determined that the neighbor dispute regarding overhanging trees should stay where it originated: in the back yards of the homeowners in question.
David and Diane Krol of 7 Summer St. had come to the board for help resolving a dispute they had with their neighbor, John Sherman of 5 Summer, a number of times. Sherman had a set of trees on his property that, according to the Krols, posed a danger to his neighbors' property and safety.
After at least two public hearings on the matter, the Board of Health conferred with Town Counsel Edmund St. John III, asking whether the board would be liable for any damages to the Krols' property if one of Sherman's trees fell into their yard, provided the board rescinded Code Enforcement Officer Mark Blaisdell's order that they be removed.
According to Blaisdell and Chairman David Rhoads, St. John suggested that the matter be resolved privately, in part to avoid any potential legal recourse for the board or the town of Adams.
After less than five minutes, the board decided to heed St. John's advice and dismissed the case, which will now be resolved privately or in a court of law if it should come to that. Rhoads addressed Sherman, the only party to the dispute who was present at this meeting, saying, “if you and your neighbor have any issues, it is between you two.”
The board addressed another issue that has been a repeated item on its agenda throughout the past few months. Blaisdell condemned an apartment on 5 Temple St. because a pipe had burst within the apartment over the winter and had caused significant damage inside. According to Blaisdell and the landlord of the apartment, the pipe burst because the tenant had not realized that he was responsible for paying for the heat and hot water as part of his utility bill.
Furthermore, the landlord added, the tenant had illegally sublet the apartment. The landlord's agent said of the subletter, "to him he's a sublet, to us he's a trespasser."
Member Peter Hoyt noted that Blaisdell, in a previous hearing on the matter, had planned on directing the subletter toward a new housing situation. Blaisdell said the building occupant stopped replying to these offers. Moreover, the subletter has skipped at least one court date with the landlord. The board voted unanimously to proceed with the condemnation of the apartment.
In other news:
- Blaisdell offered to extend his correction order for 89 North Summer St. for at least two months. The landlord, Shana Snow, attended the meeting and noted that her tenant was uncooperative, and that she needed more time to attend to some of the inspection items and wouldn't be able to do so until the tenant was evicted.
- There will be a public hearing next week regarding the issue of dogs on athletics fields. The hearing will take place Wednesday, July 7, at 4 p.m., at Town Hall and via Zoom. More information will be available later in the week here.
