Ashfield convenience store must fix 42 code violations to reopen

By BELLA LEVAVI

Staff Writer

Published: 08-10-2023 10:19 AM

ASHFIELD — The owner of Neighbors Convenience Store needs to correct 10 sanitary code violations, 14 food code violations and 18 fire code violations before the business is allowed to reopen.

The 244 Main St. business owned by Sawkat Wally was shut down by the Board of Health on July 14, with the various problems detailed in a 39-page report from Health Agent Claudia Sarti. Fire Chief Kyle Walker also created a report outlining the fire code violations.

“The Board of Health agent … will be routinely monitoring progress at the store. The Selectboard is very interested in seeing Neighbors reopen soon as it is the only gas station and convenience store in town,” Town Administrator Paul McLatchy III wrote in an email. “They understand the frustrations and difficulties that come with the closure. However, it is also the responsibility of town officials to ensure that it operates safely and follows health codes.”

An illegal apartment and shower is one of many violations that Sarti outlined. The set-up was discovered when workers went to the building to perform repairs.

“Residential space was created in what looks like a storage room off of the dry goods holding area, including the installation of a shower for personal use,” Sarti wrote in her report.

The dwelling unit has since been converted back into storage space, Walker said.

Sarti explained in the report that she conducted the inspection following complaints and reports of an individual living in the store. Police Chief Beth Bezio and shift manager Hannah Boutwell were both present during the inspection.

Then Walker conducted an inspection with a representative of the State Fire Marshal’s Code Compliance and Enforcement Unit, and found that several permits the business is required to hold did not get transferred under the new ownership, as well as other violations. According to the Massachusetts Registry of Deeds, Kapoor & Brothers LLC bought the 244 Main St. property on Aug. 22, 2022.

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Wally, when asked about the closure in July, said he bought the convenience store in rough condition and has been trying to fix it up. At the time, he mentioned plumbing concerns and said the air conditioners broke twice in one week, leading the deli department to be shut down as the food was not being stored at proper temperatures.

The structural and physical violations discovered during the inspections include inadequate means of fire egress; doors smaller than the legally required width; inadequate and damaged fiberglass insulation above drop ceilings, coolers and in an employee office; the back roof and ceiling in need of repairs; a walk-in freezer without a non-slip surface; inadequate access to a grease trap in the bathroom sink; fire exits that are not clearly marked; bathroom flooring and walk-in freezer flooring that isn’t watertight; and roof gutters at the front of the store that are in disrepair and filled with plant material.

Electrical violations include a broken air conditioning compressor, exposed electrical panels, unsafe and temporary wiring throughout, exposed wires and a bare light bulb in the illegal dwelling.

Under Chapter 148 of Massachusetts General Law, the Selectboard will hold a public hearing on Monday, Aug. 14, at 7 p.m. at Town Hall and on Zoom to update a license for the business to store flammable and combustible liquids, flammable gases and solids. Currently, the license is not in Wally’s name. Per Walker’s orders, the Neighbors Convenience Store cannot reopen until after this license is updated.

The owner must resolve all the sanitary, food and fire code violations and receive an inspection upon completion of the repairs before the store can reopen. Walker noted the Selectboard is hosting the public hearing as soon as possible within Open Meeting Law guidelines, and the store will likely open within days of the Aug. 14 hearing.

“The last I checked they are halfway through fixing fire code violations,” Walker said.

When reached by phone on Tuesday, Wally expressed optimism over reopening.

“We are almost done,” he said. “Everybody is working with us. Everybody wants to open the store as soon as we can.”

Reach Bella Levavi
at 413-930-4579 or
blevavi@recorder.com.

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