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Home My WebLink About0591 WAKEBY ROAD Demo '- - ---'-------'- ---'--- -- - -- .'"`-.. .. _ _ `' � 1 �� J� . , i i i s t 4 I 9 c e f h �, �, o � /4 //t (� 1 1� 3 �rlt'a�y rr a r i 4 << `' �ry�'. ^�.� St•r.<''+S + L �`�`R4 4�"`Y rTY, \IF '.}� ZIA PY•• �. }.�7i:1 �'�'�I'\lja�p'�'y7r�:? I •�a• r ` • � n•`,•.� � �- _ �^.r :4� �4' ) 'c.r�7f� �f'i`� \r'•ti' `J .C1. � �r ��'yAp��;".'�Jj R i i a� � \t"\S n,C. •.� f I,.,,.,>, r �'�'1'P'�.i�'•R" 1"�^'V!. �� `� �,� �'RY h r �.��t`? .. �� 4; qx I ✓, 1 �.r v f`...'4. 6r � o w� ^^'�,•-� � +Y'l.y� "iC'�' : r. 1 •' -I Gr =� /1� F `lC�� ier "! t7•. r,+.r �!7i �,.' ".$ ^�.+1'�•. ^f' �t� � - ��L �•l.`."t ` j` t LCS;, [, Y-��e"r � r�t,�T 1 C�i�ftl 4n •"� .'� rr�..-^. ,V�`r•4'�^r's:., r c� y''+'sK. *, � �.�`! �+'tiyf�TT��F�►�aj'Jj '�l� r,f:.��'�Y�t'�;�� rr ..�ll �-�' '� R�i,'♦"'t T .i.�' ��i.ajtr.,.... y.�� r.� r.r }�,(� .. t.. �, .per �_ -� 't.•r Ate:•- 4� � .tT ;,; ti k-f s.� „ ¢'Tr < ? � .$'t•• `y'.(ai ' �-----_'• _ •7C:, �`' ' .Cr y...l J'1:`�'{'." 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'�.-R�JI�'�'s �f•.4�1 �\�T��-Y^ t `� .,.{ 4��;t� ..� ' '- I �� ` � � � 1 i �� i -�� .—� _ a , e { f �� - - � . :; i ��I /Z �p•v� S y 24j Ll--�-j 2 02L-,-tz ti X Q D R v �. `. �L Q t x LU Town of Barnstable �FfME lays, Building Department c Brian Florence, CBO Building Commissioner BARNSTABLE MASS. w°""asmn n�ius'�"Eosnxv�iuevrt'n"ewnsiu� v g' 200 Main Street, Hyannis, MA 02601 1679.20 i639• A�fp Mp'lA 14 www.town.barnstable.ma.us �Dg Office: 508-862-4038 Fax: 508-790-6230 May 13, 2019 Bank of New York Melon 3217 South Decker Lake Drive Salt Lake City, UT 84119 RE: 591 Wakeby Road, Marstons Mills, MA 02648 To Bank of New York Melon, This communication is to notify the Bank of New York Melon that the town of Barnstable will be proceeding with the demolition of the single family dwelling located at 591 Wakeby Road, Marstons Mills, MA 02648. As stated in the original Notice of Violation, issued on 3/29/2019 and enclosed herein, this structure is uninhabited and is an unsafe structure that is unsecure and open to the weather. This structure also constitutes a fire hazard and is dangerous to human life and the public welfare. In this communication you will receive the following Exhibits: A) Recommendation for demolition B) Original Notice of Violation C) Reports from a Board of Survey conducted on 4/4/2019 in accordance with M.G.L. c143 section(s) 6-12 D) M.G.L. Chapter 143 Sections 6-12 E) Photographs of structure in current state. Furthermore, the town of Barnstable will be placing a lien on the property pursuant to M.G.L. c139 Section 3(A). Please be advised that our observations and that of the Board of Survey concur as to the condition of the building which warrants action by the Town. It is our preference that the Bank of New York Melon manages the removal of the building or make it safe. However, no one from the Melon Bank has contacted us or given us any indication that the Bank intends to abate the unsafe conditions. Therefore the town intends to proceed with demolition. And, if aggrieved by this notice and order; to show cause as to why you should not be required abate the violation in this notice, you may file a Notice of Appeal (specifying the grounds thereof) with the State Building Code Appeals Board within (45) days of the receipt of this order and in accordance with MGL c. 143 § 100. Respectfully, ��tt7`-J�ffl Local Inspector Town of Barnstable Table of Contents Exhibit A—Recommendation for demolition Exhibit B—Original Notice of Violation Exhibit C— Reports from Board of Survey Exhibit D—M.G.L. Chapter 143 Sections 6-12 Exhibit E— Photographs of structure in current state i m x Cr o0 m t X W i Carter, Jeff From: Carter,Jeff Sent: Tuesday, May 07, 2019 3:13 PM To: Florence, Brian Subject: 571 Wakeby Rd. Marstons Mills - Demolition recommendation Commission Florence, I am formally requesting that the town of Barnstable proceed in the demolition efforts of 591 Wakeby Road, Marstons Mills. Below will outline timeline and supporting information to support this request. After receiving a formal complaint to the Building Department on March 27, 2019 of an unsafe structure the Building Department inspected the property on March 28, 2019 and posted the structure as an uninhabited and unsafe structure that is unsecure and open to the weather. It was also determined the structure constitutes a fire hazard and is dangerous to human life and the public welfare. On March 29, 2019 a Notice of Violation was sent to the property owner, Bank of New York Melon, stating the facts above and an order to take down and remove the structure or make safe within seven day of receipt of notice. The Bank, through its legal representation, has stated that there "hands are tied " until the tenant eviction process has been completed. Currently the former owner is still occupying the property and is staying in a motor home located on the property. To make it clear, the structure being proposed for demo is unoccupied,open to the weather and is unsafe. There is no power, water or gas connected to structure. Eviction hearing was held at Barnstable District Court on April 18, 2019 and was postponed through mediating for two weeks and on May 2, 2019 after a request for trial to speed up the eviction process the court date was postponed for a second time for the tenants right to have legal counsel. At the May 2"d court appearance the Judge did state that the Town can proceed as they felt necessary. This leads to my recommendation to move forward with the demolition process without the Banks assistance for the sake of public safety. On April 4, 2019 the Building Department conducted a Board of Survey to have three independent reports submitted to verify the conclusions of the Building Department's inspector. All three reports verified the state of the structure and confirmed its current status of unsafe, uninhabited and open to the weather. The Building Department contacted six demolition contractors with only two interested in placing a formal estimates for the demolition and removal, provide foundation drainage and fill the foundation to site grade. The two estimates were: Bortolotti Construction Inc. -$19,995.00 Robert Childs Inc. -$13,500.00 It is my recommendation that the Town select Robert Child Inc. with the estimate provided for$13,500.00 and move forward with securing funding, scheduling a date for removal and overseeing the project to its completion to restore this property to a safe condition. Thank you, Jeff Carter Local Inspector Building Department Town of Barnstable 200 Main Street Hyannis, MA 02601 508 862-4035 1 Town of Barnstable Building Department Services Brian Florence, CBO iA&MAL MA A, Building Commissioner WNSTABLE 200 Main Street, J H annis, MA 02601 isas-xo�a www.town.barnstable.ma.us Office: 508-862-4038 Fax: 508-790-6230 Notice of Building Code Violation(s) and Order to Cease, Desist and Abate: Bank of New York Melon,Attn: Attorney Jamie Welch and all persons having notice of this order: As property owner or tenant of the property located at 591 Wakeby Road,Marstons Mills,MA 02648,Assessors Map 028 Parcel 022 and known as residential structure,you are hereby notified that you are in violation of 780 CMR,the Massachusetts State Building Code Chapter 1 Section 116, and are ORDERED this date 3/29/2019 to: CEASE AND DESIST all functions associated with the following violation(s)on or at the above mentioned premises: Summary of Violation: On 3/29/2019 I observed a violation of 780 CMR of the Massachusetts State Building Code Chapter 1 Section 116.1 Specifically,Uninhabited and unsafe structure that is unsecure and open to the weather. Structure constitutes a fire hazard and is dangerous to human life and the public welfare. Summary of Action to Abate Violation: In order to abate this violation and to avoid further enforcement action by this office, commence within 7 days upon receipt of this notice the following action: structure shall be taken down and removed or made safe. Upon removal of structure lot shall be levelled to uniform grade by a proper sanitary fill to cover any cellar or foundation hole. And, if aggrieved by this notice and order;to show cause as to why you should not be required abate the violation in this notice,you may file a Notice of Appeal (specifying the grounds thereof) with the State Building Code Appeals Board within(45)days of the receipt of this order and in accordance with MGL c. 143 § 100. If, at the expiration of the time allowed,action to abate this violation has not commenced, further action as the law requires may be taken. By Order, R6� Je Carter 4 Local Inspector x cr c� U x w { CrN-NTERVILLE-OSTERV&LLE-MAP-STOHIS WALLS FORE DIM= } 1 DEPARTMENT OF FIRE-RESCUE&EMERGENCY SERVICES 1875 Route 28^Centerville, MA 02632-3117 508-790-2375 x1 • FAX: 508-790 2385 i Michael J.Winn,Chief Martin O'L.MacNeely,Fire Prevention Officer Byron L.Eldridge,Deputy Chief Michael G.Grossman,Fire Prevention Officer I i April 10,2019 Brian Florence,Building Commissioner Town of Barnstable Inspectional Services Department 200 Main Street Hyannis, MA 02601 Re: Board of Survey Conclusion Commissioner Florence, i As you know a Building Code of Survey was convened on April 4, 2019 in accordance with M.G.L. 143:8 at your request to survey a structure that was deemed unsafe by the Barnstable Building Division.The property was located at 591 Wakeby Road,Marston Mills. The Board consisted of the Town Engineer, Head of the Fire Department, and a 1 disinterested party. A careful survey was completed,based upon that survey and in accordance with M.G.L. 143:9 I submit the following findings. • Unstable rear wall of the structure a Substantial collapse of the roof assembly into the I'floor living space • Structure has been open to the weather in multiple locations over an extended period of time e Substantial collapse of the floor assembly into the basement level i s Based upon my findings I make the following recommendations: v • Based on the conditions I observed I consider the building to be extremely dangerous and it should be immediately razed. S'ncerely, Martin MacNeelY Michael W Fire Prevention Officer Fire Chief COMM Fire Department COMM Fire Department 508-790-2375 ext. 1 508-790-2375 ext. "Commitment to Our Community" i i °� s ,4�oFtHE r �� The Town of Barnstable Department of Public Works BARNSTABLE, + t y MdAss. 382 Falmouth Road,Hyannis,MA 02601� 039. 508.790.6400 C,ArFD MA't a COD. Daniel W. Santos,P.E. Robert R.Steen,P.E. Director Assistant Director April 5,2019 Brian Florence,Building Commissioner Town of Barnstable Inspectional Services Department 200 Main Street Hyannis,MA 02601 Re: Board of Survey Conclusion Commissioner Florence, As you know a building Code Board of Survey was convened on April 4,•2019 in accordance with _M.G.L 143 § 8 at your request to survey a structure that was deemed unsafe by the Barnstable Building Division. The Property was located at 591 Wakeby Road, Marstons Mills. The Board consisted of the Interim Town Engineer, Head of the Fire Department, and a i disinterested party. A careful survey was completed,based upon that survey and in accordance with M.G.L. 143 § 9 I submit the following findings: The structure appears to be uninhabited and abandoned. I observed that the roof has failed and the building is open to weather. It also appears the rear exterior'wall has structurally failed and collapsed. Based upon my findings I make the following recommendation, the building should be taken down and removed or marked safe as it currently constitutes a danger to public safety. • i I trust that this information has been helpful,if you have any questions please feel flee to.contact me. Regards, Amanda Ruggrero,P. . Town of Barnstable Interim Town Engineer I MEMO TEABROWN LINDQUIST FENUCCIO & RABER ARCHITECTS, INC. April 8, 2019 Brian Florence, Building Commissioner (via email) Town of Barnstable Inspectional Services Department 200 Main Street Hyannis, MA 02601 Re: Board of Survey Conclusion: 591 Wakeby Road, Marstons Mills, Ma - Assessors Map 028/Parcel 022 Commissioner Florence, As you know a Building Code Board of Survey was convened on April 4, 2019 in accordance with M.G.L.143 § 8 at your request to survey a structure that was deemed unsafe by the Barnstable Building Division. The property is located at 591 Wakeby Road, Marstons Mills. The Board consisted of the Town Engineer, Head of the Fire Department, and myself as a disinterested party, and local registered architect. A careful survey was completed, and based upon that survey and in accordance with M.G.L.143 § 9, 1 submit the following findings: 1 . The single family dwelling located on the subject property, has undergone significant deterioration of its structural framing systems (floor joists, exterior walls, ceiling joists and roof rafters) due to prolonged exposure to the weather. 2. There are numerous large scale holes in the roof contributing to the deterioration noted above. . Most notably, a large portion of the rear bearing wall and exterior deck exhibit major structural deflection and is fully compromised. 3. There is no active electrical service to the building. 203 WILLOW STREET SUITE A 93B COURT STREET UNIT 22 YARMOUTHPORT,MA 02675 PLYMOUTH,MA 02360 508-362-8382 508-927-4127 W W W.CAPEARCHITECTS.COM I 4. The interior finishes and insulation have also been completely compromised due to the exposure noted above, and many surfaces have significant mold growth present. 5. The house is completely uninhabitable, unsecured, unsafe, and poses significant danger to anyone entering the premises. 6. The bulkhead door to the basement has obviously been open and exposed to the elements for a long time. The wood treads are completely rotted and unsafe for any weight bearing. Based upon my findings I make the following recommendations: 1 . The entire structure should be demolished and removed at the earliest possible date. The resultant foundation hole should be backfilled with appropriate structural fill, compacted to align with existing finish grade and either planted with some type of meadow-grass mix or suitable permeable material. 2. All other extraneous site debris (abandoned vehicles, propane tanks, loose wires, etc...) should be removed from the site and/or a perimeter construction fence installed to deter entry into the site. I trust that this information has been helpful, if you have any questions or require specific photo documentation of the items noted above, please feel free to contact me. Sincerely yours, 4 ' �F}iEC AR ��QO,tiyL F�� i No.7789 "n VA CHT. j Zl� IIR FG Irh OFN 05 Richard P. Fenuccio Board Survey, Licensed Architect— Disinterested Party cc: Jeff Carter, Barnstable Building Inspector 203 WILLOW STREET SUITE A 93B COURT STREET UNIT 22 YARMOUTHPORT,MA 02675 PLYMOUTH,MA 02360 508-362-8382 508-927-4127 WWW.CAPEARCHITECTS.COM I I m x _Q v L X W M.G.L. Chapter 143 Sections 6-12 Section 6: Local inspector;duties Section 6.The local inspector, immediately upon being informed by report or otherwise that a building or other structure or anything attached thereto or connected therewith in that city or town is dangerous to life or limb or that any building in that city or town is unused, uninhabited or abandoned, and open to the weather, shall inspect the same; and he shall forthwith in writing notify the owner, lessee or mortgagee in possession to remove it or make it safe if it appears to him to be dangerous, or to make it secure if it is unused, uninhabited or abandoned and open to the weather. If it appears that such structure would be especially unsafe in case of fire, it shall be deemed dangerous within the meaning hereof, and the local inspector may affix in a conspicuous place upon its exterior walls a notice of its dangerous condition, which shall not be removed or defaced without authority from him. Upon such notice under either of the preceding sentences,the owner, lessee or mortgagee in possession shall furnish a floor plan of such building or other structure to the chiefs of the fire and police departments of the city or town. Section 7: Removal or making structure safe; putting up fence Section 7. Any person so notified shall be allowed until twelve o'clock noon of the day following the service of the notice in which to begin to remove such structure or make it safe, or to make it secure, and he shall employ sufficient labor speedily to make it safe or remove it or to make it secure; but if the public safety so requires and if the aldermen or selectmen so order,the inspector of buildings may immediately enter upon the premises with the necessary workmen and assistants and cause such unsafe structure to be made safe or taken down without delay, and a proper fence put up for the protection of passers-by, or to be made secure. If such a building or structure is taken down or removed,the lot shall be levelled to uniform grade by a proper sanitary fill to cover any cellar or foundation hole and any rubble not removed. Section 8: Failure to remove or make structure safe;survey board;survey; report Section 8. If an owner, lessee or mortgagee in possession of such unsafe structure refuses or neglects,to comply with the requirements of such notice within the time limited, and such structure is not made safe or taken down as therein ordered, or made secure, a careful survey of the premises shall be made by a board consisting in a city of the city engineer,the head of the fire department, as such term is defined in section one of chapter one hundred and forty-eight, and one disinterested person to be appointed by the local inspector, and in a town of a surveyor,the head of the fire department and one disinterested person to be appointed by the local inspector. If there is no city engineer in such city or no head of the fire department in such city or town,the mayor or selectmen shall designate one or more officers or other suitable persons in place of the officers so named as members of said board.A written report of such survey shall be made, and a copy thereof served on such owner, lessee or mortgagee in possession. I i Section 9:.Dangerous or abandoned structures removed or made safe by local inspector;costs; penalty; use of structure Section 9. If such report declares such structure to be dangerous or to be unused, uninhabited or abandoned, and open to the weather, and if the owner, lessee or mortgagee in possession continues such refusal or neglect,the local inspector shall cause it to be made safe or taken down or to be made secure, and, if the public safety so requires,said local inspector may at once enter the structure,the land on which it stands or the abutting land or buildings, with such assistance as he may require, and secure or remove the same, and may remove and evict, under the pertinent provisions of chapter two hundred thirty-nine or otherwise, any tenant or occupant thereof, and may erect such protection for the public by proper fence or otherwise.as may be necessary, and for this purpose may close a public highway. In the case of such demolition,the local inspector shall cause such lot to be levelled to uniform grade by a proper sanitary fill.The costs and charges incurred shall constitute a debt due the city or town upon completion of the work and the rendering of an account therefor to the owner of such structure, and shall be enforced in an action of contract, and such owner, lessee or mortgagee in possession shall,for every day's continuance of such refusal or neglect after being so notified, be punished by a fine of not less than one hundred dollars.The provisions of the second paragraph of section three A of chapter one hundred and thirty-nine, relative to liens for such debt and the collection of claims for such debt, shall apply to any debt referred to in this section, except that the local inspector shall act hereunder in place of the mayor or board of selectmen. During the time such order is in effect it shall be unlawful to use or occupy such structure or any portion thereof for any purpose. Section 9A:Taking or injuring other property in removing dangerous structures or making them safe Section 9A. If, by any act done by an officer of a city or town for the purpose of making safe or taking down any dangerous structure, any real estate other than such structure or the parcel of land upon which it stands is taken, used or injured, any person owning an interest in such real estate and not having an interest in such dangerous structure may recover damages for such taking, use or injury from such city or town in a petition for the assessment thereof under chapter seventy-nine filed in the superior court for the county in which such real estate is situated within one year after such taking, use or injury; provided,that if such taking, use or injury occurred not more than three years prior to the effective date of this section, said petition may be filed not more than one year after said effective date. Section 10: Remedy of person ordered to remove a dangerous structure or make it safe Section 10.An owner, lessee or mortgagee in possession aggrieved by such order may have the remedy prescribed by section two of chapter one hundred and thirty-nine; provided,that no provision of said section two shall be construed so as to hinder, delay or prevent the local inspector acting and proceeding under section nine; and provided,further,that this section shall not prevent the city or town from recovering the forfeiture provided in said section nine from the date of the service of the original notice, unless the order is annulled by the jury. Section 11: Service of notice on non-resident; certificate Section 11. If an owner, lessee or mortgagee in possession lives out of the commonwealth, the notice required by section six may be served upon him by a notary public, whose certificate of service under his notarial seal shall be sufficient evidence thereof. Section 12: Restraint of construction, repair,or use of a structure; order for removal Section 12.The supreme judicial or superior court may restrain the construction, alteration, repair, maintenance or use of a building or structure in violation of any ordinance or by-law of a city-or town or of the state building code and order its removal or abatement as a nuisance; and may restrain the further construction, alteration or repair, maintenance, use or occupancy of a building or structure reported to be dangerous, under a survey authorized by section eight, until the determination of the matter, as provided in section ten. I m x Q r.: m W t x W 4/18/2019 1636894003985891535_e879ffa1-5f11-4568-be18-29f573047cc7_155380302490883147241.jpg(3264x2448) t�� 1 . ryL ��•tl ' '�, r� r .�1t11 rr. 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DRAINAGE LAND DEVELOPMENT SEPTIC SYSTEMS April 17,2019 Town of Barnstable Building Division Attn: Jeff Carter 200 Main Street Hyannis,MA 02601 Telephone: 508-862-4035 Email: Jeff.Carter(atown.barnstable.ma.us RE: 591 Wakeby Road—Marstons Mills,MA(BCI-2019-083) Bortolotti Construction,Inc. proposes the following site services for the above referenced location: Demolish existing house and wood deck and dispose of properly off-site. Provide and install up to 284 CY of common fill into basement area after floor has been punctured for Drainage. Excludes handling of hazardous materials. Testing for hazardous material by others prior to mobilization. EXCLUSIONS: Excludes permits,cut and cap of any and all utilities and surface restoration. CLAUSES: Tree removal,if required for access or fill import,would be at additional charge. If private utility mark out is required,it would be additional charge. A finance charge of 1.5% per month will be charged to any invoice that is not paid in full upon receipt. If any phase of work is delayed,due to circumstances beyond our control,a payment for work completed will be required. Acceptance must be received within 60 days of proposal date or prices may be subject to change due to economic circumstances. The total price for the above stated work will be$19,995.00 with payment terms as follows: Payment In Full Upon Completion. Thank you for the opportunity afforded us in offering this osal. ACCEPTANCE: es c lly b 'tt , DATE: Paul R.Willard, stima or Town of Barnstable Bortolotti Construction,Inc. i P.O. BOX 704 • MARSTONS MILLS,MASSACHUSETTS 02648 • (508)771-9399 • FAX(508)428-9399 bortolotticonstruction@verizon.net i If in agreement with this Proposal Sign both copies-keep one for your records9 send one back to us.Thanhb BORTOLOM CONSTItUCT10N I BORTOLO'TTI CONSTRUCTION INC. DRAINAGE LAND DEVELOPMENT SEPTIC SYSTEMS April 17,2019 Town of Barnstable Building Division Attn: Jeff Carter 200 Main Street Hyannis,MA 02601 Telephone: 508-862-4035 Email: Jeff.Carter ajown.barnstable.ma.us RE: 591 Wakeby Road—Marstons Mills,MA(BCI-2019-083) Bortolotti Construction,Inc. proposes the following site services for the above referenced location: Demolish existing house and wood deck and dispose of properly off--site. Provide and install up to 284 CY of common fill into basement area after floor has been punctured for Drainage. Excludes handling of hazardous materials. Testing for hazardous material by others prior to mobilization. EXCLUSIONS: Excludes permits,cut and cap of any and all utilities and surface restoration. CLAUSES: Tree removal,if required for access or fill import,would be at additional charge. If private utility mark out is required,it would be additional charge. A finance charge of 1.5% per month will be charged to any invoice that is not paid in full upon receipt. If any phase of work is delayed,due to circumstances beyond our control, a payment for work completed will be required. Acceptance must be received within 60 days of proposal date or prices may be subject to change due to economic circumstances. The total price for the above stated work will be $19,995.00 with payment terms as follows: Payment In Full Upon Completion. Thank you for the opportunity afforded us in offering this osal. ACCEPTANCE: es c lly b 'tt , DATE: Paul R.Willard, stimator Town of Barnstable Bortolotti Construction,Inc.- P.O. BOX 704 • MARSTONS MILLS,MASSACHUSETTS 02648 • (508) 771-9399 9 FAX(508)428-9399 bortolotticonstruction®verizon.net BO.RTOLOTTI CONSTRUCTION INC . DRAINAGE LAND DEVELOPMENT SEPTIC SYSTEMS April 17,2019 Town of Barnstable Building Division Attn: Jeff Carter 200 Main Street Hyannis,MA 02601 Telephone: 508-862-4035 Email: Jeff.Carter a,town.barnstable.ma.us RE: 591 Wakeby Road—Marstons Mills,MA(BCI-2019-083) Bortolotti Construction,Inc. proposes the following site services for the above referenced location: Demolish existing house and wood deck and dispose of properly off-site. Provide and install up to 284 CY of common fill into basement area after floor has been punctured for Drainage; Excludes handling of hazardous materials. Testing for hazardous material by others prior to mobilization. EXCLUSIONS: Excludes permits,cut and cap of any and all utilities and surface restoration. CLAUSES: Tree removal,if required for access or fill import,would be at additional charge. If private utility mark out is required,it would be additional charge.. A finance charge of 1.5% per month will be charged to any invoice that is not paid in full upon receipt. If any phase of work is delayed,due to circumstances beyond our control, a payment for work completed will be required. Acceptance must be received within 60 days of proposal date or prices.may be subject to change due to economic circumstances. The total price for the above stated work will be $19,995.00 with payment terms as follows: Payment In Full Upon Completion. Thank you for the opportunity afforded us in offering this,proposal. ACCEPTANCE: R pe ly , DATE: Paul R.Willard,Estimator Town of Barnstable Borto➢otti Construction,Inc. P.O. BOX 704 • MARSTONS MILLS, MASSACHUSETTS 02648 • (508) 771-9399 • FAX(508)428-9399 bortolotticonstruction@verizon.net Town of Barnstable Building IIAR\°S'fAiLE, Post This Card So That it is Visible From the Street-Approved Plans Must be Retained on Job and this Card Must be Kept � MAC � tPosted Until Final Inspection Has Been Made. � 1 J1l 11111 Where a Certificate of Occupancy is Required,such Building shall Not be Occupied until a Final Inspection has been made. Pey�rnj Permit No. B-19-2346 Applicant Name: Shay Perry Approvals Date Issued: 07/26/2019 Current Use: Structure Permit Type: Building-Demolition Expiration Date: 01/26/2020 Foundation: Location: 591 WAKEBY-ROAD,.MARSTONS.MILLS_ Map/Lot: 028-022 Zoning District: RF Sheathing: Owner on Record: MURTHA, PATRICK M Contractor Name: SHAY PERRY Framing: 1 Address: 3217 SOUTH DECKER LAKE DRIVE Contractor License: CS-084231 2 SALT LAKE CITY, UT 84119 Est. Project Cost: $ 16,500.00 Chimney: Description: Demolish and dispose the existing single family dwelling and Permit Fee: $ 125.00 Insulation: associated cast in place concrete foundation. Infill foundation void Fee Paid: $ 125.00 with clean granular fill. Final: Cut and cap water service(Private Well),Cut and Cap sanitary waste Date: 7/26/2019 line and infill 1EA 1,000-Gal Septic Tank and 1EA 1,000-Gal Leach Pit. Cavossa will file a septic abandonment permit with Barnstable %,.. .!- Plumbing/Gas BOH. Rough Plumbing: Building Official Project Review Req: Final Plumbing: This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months after issuance. Rough Gas: All work authorized by this permit shall conform to the approved application and the approved construction documents for which this permit has been granted. All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes. Final Gas: This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for public inspection for the entire duration of the work until the completion of the same. Electrical The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit. Service: Minimum of Five Call Inspections Required for All Construction Work: 1.Foundation or Footing Rough: 2.Sheathing Inspection Final: 3.All Fireplaces must be inspected at the throat level before firest flue lining is installed 4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Low Voltage Rough: 5.Prior to Covering Structural Members(Frame Inspection) 6.Insulation Low Voltage Final: 7.Final Inspection before Occupancy Health Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Work shall not proceed until the Inspector has approved the various stages of construction. Final: "Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A). Fire Department Building plans are to be available on site Final: All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT i SST. CENTERVILLE-OSTERVILLE-MARSTONS MILLS FIRE DISTRICT DEPARTMENT OF FIRE-RESCUE&EMERGENCY SERVICES 1926 1875 Route 28•Centerville, MA 02632-3117 508-790-2375 x1 - FAX: 508-790-2385 Michael J.Winn,Chief Martin O'L.MacNeely, Fire Prevention Officer Byron L.Eldridge,Deputy Chief Michael G.Grossman,Fire Prevention Officer April 10, 2019 Brian Florence, Building Commissioner y Town of Barnstable Inspectional Services Department ;EJO- = z-3 200 Main Street 1 _ Hyannis, MA 02601 Re: Board of Survey Conclusion Commissioner Florence, ° w M { As you know a Building Code of Survey was convened on April 4, 2019 in accordance with M.G.L. 143:8 at your request to survey a structure that was deemed unsafe by the. Barnstable Building Division. The property was located at 591 Wakeby Road, Marstons Mills. The Board.consisted of the Town Engineer, Head of the Fire Department, and a disinterested party. -. A careful survey was completed,based upon that survey and in accordance with M.G.L. 143:9 I submit the following findings. • Unstable rear wall of the structure • Substantial collapse of the roof assembly into the 1St floor living space • Structure has been open to the weather in multiple locations over an extended period of time • Substantial collapse of the floor assembly into the basement level Based upon my findings I make the following recommendations: • Based on the conditions I observed I consider the building to be extremely dangerous and it should be immediately razed. AS'ncerely, AA ; Martin MacNeely Michael W Fire Prevention Officer Fire Chief COMM Fire Department COMM Fire Department 508-790-2375 ext. l 508-790-2375 ext. "Commitment to Our Community" i lih:�"E'� The Town of Barnstable °Department of Public Works , ,RNSfABLE, .� MASS. 382 Falmouth Road,Hyannis,MA 02601 01639. 508.790.6400 �� Daniel W. Santos,P.E. Robert R. Steen,P.E. Director Assistant Director April 5, 2019 Brian Florence, Building Commissioner o Town of Barnstable Inspectional Services Department. 200 Main Street o o Hyannis,MA 02601 � r� -� Ln Re: Board of Survey Conclusion Commissioner Florence, As you know a building Code Board of Survey was convened on April 4, 2019 in accordance with M.G.L 143 § 8 at your request to survey a structure that was deemed unsafe by the Barnstable Building Division. The Property was located at 591 Wakeby Road, Marstons Mills. The Board consisted of the Interim Town Engineer, Head of the Fire Department, and a disinterested party. A careful survey was completed, based upon that survey and in accordance with M.G.L. 143 § 9 1 submit the following findings: The structure appears to be uninhabited and abandoned. I observed that the roof has failed and the building is open to weather. It also appears the rear exterior wall has structurally failed and collapsed. Based upon my findings I make the following recommendation, the building should be taken down and removed or marked safe as it currently constitutes a danger to public safety. I trust that this information has been helpful,if you have any questions please feel free to contact me. Regards, Amanda Ruggiero, P. . Town of Barnstable Interim Town Engineer 0 C. C7-rT-2L I 1 T 2.. 11 to m2 ' yrl.14A s I 2=f% 1� r-zsv� C) v 2 S-�`v��2' iZ IZf77_✓✓COI/ fl f 5/13/2019 General Law-Part I,Title XX,Chapter 139,Section 3A Part I ADMINISTRATION OF THE GOVERNMENT Title XX PUBLIC SAFETY AND GOOD ORDER Chapter 139 COMMON NUISANCES Section 3A DEMOLITION OR REMOVAL OF BUILDING OR STRUCTURE OR SECURING OF VACANT LAND; OWNER'S LIABILITY Section 3A. If the owner or his authorized agent fails to comply with an order issued pursuant to section three and the city or town demolishes or removes any burnt, dangerous or dilapidated building or structure or secures any vacant parcel of land from a trespass, a claim for the expense of such demolition or removal, including the cost of leveling the lot to uniform grade by a proper sanitary fill, or securing such vacant parcel shall constitute a debt due the city or town upon the completion of demolition, removal, or securing and the rendering of an account therefor to the owner or his authorized agent, and shall be recoverable from such owner in an action of contract. Second paragraph effective until November 7, 2016. For text effective November 7, 2016, see below.] Any such debt, together with interest thereon at the rate of six per cent per annum from the date such debt becomes due, shall constitute a lien on the land upon which the structure is or was located if a statement of claim, signed by the mayor or the board of selectmen, setting forth the https://malegislature.gov/Laws/GeneraILaws/Partl/TitleXX/Chapterl39/Section3A 1/4 5/13/2019 General Law-Part I,Title XX,Chapter 139,Section 3A amount claimed without interest is filed, within ninety days after the debt becomes due, with the register of deeds for record or registration, as the i case may be, in the county or in the district, if the county is divided into districts, where the land lies. Such lien shall take effect upon the filing of the statement aforesaid and shall continue for two years from the first day of October next following the date of such filing. If the debt for which such a lien is in effect remains unpaid when the assessors are preparing a real estate tax list and warrant to be committed under section fifty-three of chapter fifty-nine, the mayor or the board of selectmen, or the town collector of taxes, if applicable under section thirty-eight A of chapter forty-one, shall certify such debt to the assessors, who shall forthwith add such debt to the tax on the property to which it relates and commit it with their warrant to the collector as part of such tax. If the property to which such debt relates is tax exempt, such debt shall be committed as the tax. Upon commitment as a tax or part of a tax, such debt shall be subject to the provisions of law relative to interest on the taxes of which they become, or, if the property were not tax exempt would become, a part; and the collector of taxes shall have the same powers and be subject to the same duties with respect to such debts as in the case of annual taxes upon real estate, and the provisions of law relative to the collection of such annual taxes, the sale or taking of land for the non-payment thereof, and the redemption of land so sold or taken shall, except as otherwise provided, apply to such claims. A lien under this section may be discharged by filing with the register of deeds for record or registration, as the case may be, in the county or in the district, if the county is divided into districts, where the land lies, a certificate from the collector of the city or town that the debt constituting the lien, together with any interest https://malegislature.gov/Laws/GeneralLaws/PartItTitleXX/Chapterl39/Section3A 2/4 5/13/2019 General Law-Part I,Title XX,Chapter 139,Section 3A and costs thereon, has been paid or legally abated. All costs of recording or discharging a lien under this section shall be borne by the owner of the property. [Second paragraph as amended by 2016, 218, Sec. 221 effective November 7, 2016. For text effective until November 7, 2016, see above.] Any such debt, together with interest thereon at the rate of six per cent per annum from the date such debt becomes due, shall constitute a lien on the land upon which the structure is or was located if a statement of claim, signed by the mayor or the board of selectmen, setting forth the amount claimed without interest is filed, within ninety days after the debt becomes due, with the register of deeds for record or registration, as the case may be, in the county or in the district, if the county is divided into districts, where the land lies. Such lien shall take effect upon the filing of the statement aforesaid and shall continue, unless dissolved by payment or abatement, until such debt has been added to or committed as a tax pursuant to this section, and thereafter, unless so dissolved, shall continue as provided in section 37 of chapter 60; provided, however, that if any such debt is not added to or committed as a tax pursuant to this section for the next fiscal year commencing after the filing of the statement, then the lien shall terminate on October 1 of the third year next following the date of such filing. If the debt for which such a lien is in effect remains unpaid when the assessors are preparing a real estate tax list and warrant to be committed under section fifty-three of chapter fifty-nine, the mayor or the board of selectmen, or the town collector of taxes, if applicable under section thirty-eight A of chapter forty-one, shall certify such debt to the assessors, who shall forthwith add such debt to the tax on the property to which it relates and commit it with their warrant to the collector as part of such tax. If the property to which such debt relates is https://malegislature.gov/Laws/GeneraILaws/Partl/TitleXX/Chapterl39/Section3A 3/4 5/13/2019 General Law-Part I,Title XX,Chapter 139,Section 3A tax exempt, such debt shall be committed as the tax. Upon commitment as a tax or part of a tax, such debt shall be subject to the provisions of law relative to interest on the taxes of which they become, or, if the property were not tax exempt would become, a part; and the collector of taxes shall have the same powers and be subject to the same duties with respect to such debts as in the case of annual taxes upon real estate, and the provisions of law relative to the collection of such annual taxes, the sale or taking of land for the non-payment thereof, and the redemption of land. so sold or taken shall, except as otherwise provided, apply to such claims. A lien under this section may be discharged by filing with the register of deeds for record or registration, as the case may be, in the county or in the district, if the county is divided into districts, where the land lies, a certificate from the collector of the city or town that the debt constituting the lien, together with any interest and costs thereon, has been paid or legally abated. All costs of recording or discharging a lien under this section shall be borne by the owner of the property. https://malegislature.gov/Laws/GeneraILaws/Partl/TitleXX/Chapterl39/Section3A 4/4 '� �•� Y t f r� �l:• �„rJ,r'�' ;� i'�„��'�„��'�"�7��-��4j;��k`"��/,�i .� _` 1 � �!i�r-.� r . rP,�-f�Q %• �t tff'�a \,r�y��7 °�{��1: ;�.r`i•.'� W1 �'� i � � .�"�.s';A 4 it SC`�tr� i � ��,i:`v F�r-}''✓;y�i��f''- .r �i?'� ,� �l„"� - �•� �\�� -C:�t'?:a''� "�`.� • 't1 �`�'+�U� y •` �:,•�7 Ry. �� tir tV '�`lC�sl'+1 wx t. �. _"{ tcJ.,y. °+-{ '?•:.c �'{,I. r� y`� t^.r,} �,+��ta. •�.� ✓*. y ,, 1 ��" e` •�` s /k {•Si �' rtj•\+'`l` `?i�r!'�� 1 ' 14 -",jpw ti �t,t} v'4 ,/!1 6•r' F(p'y -. .'t..F . `•1 r ) , 4 f�;(�' �.Y�1 "• :i'. ...c��'i!�_ v"•Vy�� :'�� ♦��i; �• '��r �``� ; ��,�c;r{)� � r� ,t4��,o.+,�.lv .,J}t� ;�_ �d .:�`. � S.ri n�.rr 4�.> t -`c'' .�► �(�'. ./ ��y•t', f �� .i1y,�� 1St� r� �o �.e r.� �{h�,��,. y,�•.r �h-f"� i ,N •.x4. tt �y. r r — �i��' `S. _ � -_ .` �fitr �� -� � Y o;•r >ti j,t .y �l'V•„i :7 i � /- a /'1��1`�! 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AL f COMVIONRVEALTH OF MASSACHUSETTS HOUSING(OURT DrITARTMENT • - aOUTH]�rS,S`x DI`�SIO.hT _ - - . �� i�fflLaudlor - - .' • vs. 14 Q.. Defend an errant SUbMAUPROCM&AGAKUM FORJODGh T THE UNDMGNED PARTIES HEMYAGM TO TE +FOLLOWING FACTS AND TO ENTRY OF THE FOLLOWMG JUDGKW AS ARESOLUTION OF THEIR CASE: ( j The agreed up on rent for th-e unit is$ per month. ( j The tenant owes$ is contract rent for the months of- through to 20_ ( )Thereat owed is reduced by$ on account of the tenant's claims leaving an amount o*ed of$ Judgamentforpossession the landlord the tenant on a LXecutku shall issue ta the ordl inm" coarse puorsnamtto Rule ID' of the Worm Summary Procug Rule, Execution for possession,damages owed and costs upon filing a motion. Execution shall issue on ( ) Tke Landlord shall make the following repairs to rite premises according to the following schedules ' D oket# dip oAg 15 . W1- 11 )VU . tz oil 15, 006 �� KMAU r AA -TIT P1Q,! A.l ,4bl � If either party all ges that the other party failed to comply with the terms and conditions of thfs greement,she/he may mark a hearing for enforcement of-the Agreement or for issuance of Execution upon three(3)business days,written notice to the other party and filed with the court. The three(3)day period begins when the other side receives notice.Any violation of this Agreement can result in contempt as the document in question is intended to operate as inn*Junction.Unless otherwise agreed,notice is.to be deliv ed rather than mailed. A MAI ;AL k4vLi" e conditions Xhcas�ewlifl ee dis edb n the andrfth6tenahtcomplies with then , . tenancy-will be reinstated oa:that date.If an execution has issued,the landlord/plaintiff shall returnit to the t. The� essh appear in� ato'clock or review on9Qp o70/7 compliance with-this Agreement. / ONCE APPROVED By THE JUDGE,THIS AGREEMENT'BECOMES A COURT ORDER AND BOTH PARTIES ARE LEGALLY REQUIRED TO FOLLOW M If questions arise,please consult the Housing Specialist. I UNDERSTAND THAT I HAVE THE RIGHT TO A HEARING ON MY CASE BEFORE A JUDGE,BUT INSTEAD,'I CHOOSY,TO SIGN THIS AGREEMENT. A Signed and dated by PlaindMandlord``�, ned and dated by Defendant/Tenant Plain s'Attorney Defendant's Attorney aft$ ...... Housing Specialist and bate:-- - . & �`J - I I f gyp' F,NE rti� # Complaint Call Report Printed On:3/27/2019 S039.AMSTAZL& 591 WAKEBY ROAD, MARSTONS MILLS +1 "rEDMP�' Case# C-19-224 Case#: C-19-224 Address: 591 WAKEBY ROAD, Date: 3/27/2019 MARSTONS MILLS Owner Info: Property Info: MURTHA, PATRICK M MBL: 3217 SOUTH DECKER LAKE 028-022 DRIVE SALT LAKE CITY UT 84119 Owner Notified?: Complaint Details: Type of Complaint Classification of Complaint Method of Complaint Unsafe or Abandoned Structure, High Priority Phone Building Code Complaint Summary: The dwelling has been declared to be structurally unsound. There are holes in the roof and floors. It has been vacant for a few years. Neighbor concerned that is an attractive nuisance for children. Action History: Action Taken Date Description Fee Inspector Inspector Assigned to Complaint: carterj Filed by: andersor Comments: Comment Date Commenter Comment 3/27/2019 andersor Inspector must arrange to go to site with Building Commissioner. Dat 3/27/2019 r Town of Barnstable. { e: , .. _ " '. ,. - � yt p++'t��ippME tpy_o� Complaint'--Call .Report , Printed On 3/27/2019 pt6 ,mop 59.1'WAKEBY ROAD, �MARSTONS MILLS . . �EOMm° ,Case#,; G19=224 l sDate: 3/27/2019 {` ,i t,• ' r; t b t' {` M yz ,, 4 `k Town of Barnstable; r f Town of Barnstable Building Department Services Brian Florence, CBO Building Commissioner BABSTABLE 200 Main Street, Y Hyannis, MA 02601 1639-301a www.town.barnstable.ma.us �Dg Office: 508-862-4038 Fax: 508-790-6230 Notice of Building Code Violation(s) and Order to Cease, Desist and Abate: Bank of New York Melon, Attn: Attorney Jamie Welch and all persons having notice of this order: As property owner or tenant of the property located at 591 Wakeby Road, Marstons Mills, MA 02648, Assessors Map 028 Parcel 022 and known as residential structure,you are hereby notified that you are in violation of 780 CMR,the Massachusetts State Building Code Chapter I Section 116, and are ORDERED this date 3/29/2019 to: CEASE AND DESIST all functions associated with the following violation(s)on or at the above mentioned premises: Summary of Violation: On 3/29/2019 I observed a violation of 780 CMR of the Massachusetts State Building Code Chapter I Section 116.1 Specifically,Uninhabited and unsafe structure that is unsecure and open to the weather. Structure constitutes a fire hazard and is dangerous to human life and the public welfare. Summary of Action to Abate Violation: In order to abate this violation and to avoid further enforcement action by this office, commence within 7 days upon receipt of this notice the following action: structure shall be taken down and removed or made safe. Upon removal of structure lot shall be levelled to uniform grade by a proper sanitary fill to cover any cellar or foundation hole. And, if aggrieved by this notice and order; to show cause as to why you should not be required abate the violation in this notice,you may file a Notice of Appeal (specifying the grounds thereof) with the State Building Code Appeals Board within (45) days of the receipt of this order and in accordance with MGL c. 143 § 100. If, at the expiration of the time allowed, action to abate this violation has not commenced, further action as the law requires may be taken. By Order, Jeff Carter Local Inspector M.G.L. Chapter 143 Sections 6-12 Section 6: Local inspector;duties Section 6.The local inspector, immediately upon being informed by report or otherwise that a building or other structure or anything attached thereto or connected therewith in that city or town is dangerous to life or limb or that any building in that city or town is unused, uninhabited or abandoned, and open to the weather, shall inspect the same; and he shall forthwith in writing notify the owner, lessee or mortgagee in possession to remove it or make it safe if it appears to him to be dangerous, or to make it secure if it is unused, uninhabited or abandoned and open to the weather. If it appears that such structure would be especially unsafe in case of fire, it shall be deemed dangerous within the meaning hereof, and the local inspector may affix in a conspicuous place upon its exterior walls a notice of its dangerous condition, which shall not be removed or defaced without authority from him. Upon such notice under either of the preceding sentences,the owner, lessee or mortgagee in possession shall furnish a floor plan of such building or other structure to the chiefs of the fire and police departments of the city or town. Section 7: Removal or making structure safe; putting up fence Section 7. Any person so notified shall be allowed until twelve o'clock noon of the day following the service of the notice in which to begin to remove such structure or make it safe, or to make it secure, and he shall employ sufficient labor speedily to make it safe or remove it or to make it secure; but if the public safety so requires and if the aldermen or selectmen so order,the inspector of buildings may immediately enter upon the premises with the necessary workmen and assistants and cause such unsafe structure to be made safe or taken down without delay, and a proper fence put up for the protection of passers-by, or to be made secure. If such a building or structure is taken down or removed, the lot shall be levelled to uniform grade by a proper sanitary fill to cover any cellar or foundation hole and any rubble not removed. Section 8: Failure to remove or make structure safe;survey board; survey; report Section 8. If an owner, lessee or mortgagee in possession of such unsafe structure refuses or neglects to comply with the requirements of such notice within the time limited, and such structure is not made safe or taken down as therein ordered, or made secure, a careful survey of the premises shall be made by a board consisting in a city of the city engineer, the head of the fire department, as such term is defined in section one of chapter one hundred and forty-eight, and one disinterested person to be appointed by the local inspector, and in a town of a surveyor,the head of the fire department and one disinterested person to be appointed by the local inspector. If there is no city engineer in such city or no head of the fire department in such city or town, the mayor or selectmen shall designate one or more officers or other suitable persons in place of the officers so named as members of said board. A written report of such survey shall be made, and a copy thereof served on such owner, lessee or mortgagee in possession. Section 9: Dangerous or abandoned structures removed or made safe by local inspector;costs; penalty; use of structure Section 9. If such report declares such structure to be dangerous or to be unused, uninhabited or abandoned, and open to the weather, and if the owner, lessee or mortgagee in possession continues such refusal or neglect,the local inspector shall cause it to be made safe or taken down or to be made secure, and, if the public safety so requires, said local inspector may at once enter the structure,the land on which it stands or the abutting land or buildings, with such assistance as he may require, and secure or remove the same, and may remove and evict, under the pertinent provisions of chapter two hundred thirty-nine or otherwise, any tenant or occupant thereof, and may erect such protection for the public by proper fence or otherwise as may be necessary, and for this purpose may close a public highway. In the case of such demolition, the local inspector shall cause such lot to be levelled to uniform grade by a proper sanitary fill.The costs and charges incurred shall constitute a debt due the city or town upon completion of the work and the rendering of an account therefor to the owner of such structure, and shall be enforced in an action of contract, and such owner, lessee or mortgagee in possession shall, for every day's continuance of such refusal or neglect after being so notified, be punished by a fine of not less than one hundred dollars.The provisions of the second paragraph of section three A of chapter one hundred and thirty-nine, relative to liens for such debt and the collection of claims for such debt, shall apply to any debt referred to in this section, except that the local inspector shall act hereunder in place of the mayor or board of selectmen. During the time such order is in effect it shall be unlawful to use or occupy such structure or any portion thereof for any purpose. Section 9A:Taking or injuring other property in removing dangerous structures or making them safe Section 9A. If, by any act done by an officer of a city or town for the purpose of making safe or taking down any dangerous structure, any real estate other than such structure or the parcel of land upon which it stands is taken, used or injured, any person owning an interest in such real estate and not having an interest in such dangerous structure may recover damages for such taking, use or injury from such city or town in a petition for the assessment thereof under chapter seventy-nine filed in the superior court for the county in which such real estate is situated within one year after such taking, use or injury; provided, that if such taking, use or injury occurred not more than three years prior to the effective date of this section, said petition may be filed not more than one year after said effective date. Section 10: Remedy of person ordered to remove a dangerous structure or make it safe Section 10. An owner, lessee or mortgagee in possession aggrieved by such order may have the remedy prescribed by section two of chapter one hundred and thirty-nine; provided, that no provision of said section two shall be construed so as to hinder, delay or prevent the local inspector acting and proceeding under section nine; and provided, further, that this section shall not prevent the city or town from recovering the forfeiture provided in said section nine from the date of the service of the original notice, unless the order is annulled by the jury. Section 11: Service of notice on non-resident; certificate Section 11. If an owner, lessee or mortgagee in possession lives out of the commonwealth, the notice required by section six may be served upon him by a notary public, whose certificate of service under his notarial seal shall be sufficient evidence thereof. Section 12: Restraint of construction, repair,or use of a structure; order for removal Section 12.The supreme judicial or superior court may restrain the construction, alteration, repair, maintenance or use of a building or structure in violation of any ordinance or by-law of a city or town or of the state building code and order its removal or abatement as a nuisance; and may restrain the further construction, alteration or repair, maintenance, use or occupancy of a building or structure reported to be dangerous, under a survey authorized by section eight, until the determination of the matter, as provided in section ten. yp�OFIME o� The Town of Barnstable °� B • Department of Public Works N , + BARNSTABLE, a • I I j 9 MASS. 382 Falmouth Road,Hyannis,MA 02601 039. Mai A10 508.790.6400 COD. Daniel W. Santos,P.E. Robert R. Steen,P.E. Director Assistant Director April 5,2019 Brian Florence, Building Commissioner Town of Barnstable Inspectional Services Department 200 Main Street Hyannis, MA 02601 Re Board of Survey Conclusion Commissioner Florence, As you know a building Code Board of Survey was convened on April 4,'2019 in accordance with ,M.G.L 143 § 8 at your request to survey a structure that was deemed unsafe by the Barnstable Building Division. The Property was located at 591 Wakeby Road, Marstons Mills: The Board consisted of the Interim Town Engineer, Head of the Fire Department, and a disinterested party. A careful survey was completed, based upon that survey and in accordance with M.G.L. 143 § 9 I submit the following findings: The structure appears to be uninhabited and abandoned. I observed that the roof has failed and the building is open to weather. It also appears the rear exterior wall has structurally failed and collapsed. Based upon my findings I make the following recommendation, the building should be taken down and removed or marked safe as it currently constitutes a danger to public safety. I trust that this information has been helpful,if you have any questions please feel flee to.contact me. Regards, Ama da Ru iero F�E. gg , Town of Barnstable Interim Town Engineer i SST. CENT ERVILLE-OSTERVILLE-MARSTONS MILLS FIRE DISTRICT DEPARTMENT OF FIRE-RESCUE&EMERGENCY SERVICES 1875 Route 28-Centerville, MA 02632-3117 1926 508-790-2375 x1 •FAX: 508-790-2385 Michael J.Winn,Chief Martin O'L.MacNeely, Fire Prevention Officer Byron L.Eldridge,Deputy Chief Michael G.Grossman,Fire Prevention Officer i April 10,2019 Brian Florence, Building Commissioner Town of Barnstable Inspectional Services Department 200 Main Street Hyannis, MA 02601 Re: Board of Survey Conclusion Commissioner Florence, { As you know a Building Code of Survey was convened on April 4, 2019 in accordance with M.G.L. 143:8 at your request to survey a structure that was deemed unsafe by the Barnstable Building Division.The property was located at 591 Wakeby Road,Marstons Mills. The Board consisted of the Town Engineer, Head of the Fire Department, and a disinterested party. A careful survey was completed,based upon that survey and in accordance with M.G.L. 143:9 I submit the following findings. • Unstable rear wall of the structure • Substantial collapse of the roof assembly into the 1st floor living space • Structure has been open to the weather in multiple locations over an extended period of time • Substantial collapse.of the floor assembly into the basement level Based upon my findings 1 make the following recommendations: • Based on the conditions I observed I consider the building to be extremely dangerous and it should be immediately razed. Sincerely,•. ;k, A . Martin MacNeely Michael W ' Fire Prevention Officer Fire Chief COMM Fire Department COMM Fire Department b 508-790-2375 ext. 1 508-790-2375 ext. "Commitment to Our Community" NONE EITBROWN LINDQUIST FENUCCIO & RABER ARCHITECTS, INC, April 8, 2019 Brian Florence, Building Commissioner (via email) Town of Barnstable Inspectional Services Department 200 Main Street Hyannis, MA 02601 Re: Board of Survey Conclusion: 591 Wakeby Road, Marstons Mills, Ma - Assessors Map 028/Parcel 022 Commissioner Florence, As you know a Building Code Board of Survey was convened on April 4, 2019 in accordance with M.G.L.143 § 8 at your request to survey a structure that was deemed unsafe by the Barnstable Building Division. The property is located at 591 Wakeby Road, Marstons Mills. The Board consisted of the Town Engineer, j Head of the Fire Department, and myself as a disinterested party, and local registered architect. A careful survey was completed, and based upon that survey and in accordance with M.G.L.143 § 9, 1 submit the following findings: 1 . The single family dwelling located on the subject property, has undergone significant deterioration of its structural framing systems (floor joists, exterior walls, ceiling joists and roof rafters) due to prolonged exposure to the weather. 2. There are numerous large scale holes in the roof contributing to the deterioration noted above. Most notably, a large portion of the rear bearing wall and exterior deck exhibit major structural deflection and is fully compromised. 3. There is no active electrical service to the building. 203 WILLOW STREET SUITE A 93B COURT STREET UNIT 22 YARMOUTHPORT,MA 02675 PLYMOUTH,MA 02360 508-362-8382 508-927-4127 WWW.CAPEARCHITECTS.COM I 4. The interior finishes and insulation have also been completely compromised due to the exposure noted above, and many surfaces have significant mold growth present. 5. The house is completely uninhabitable, unsecured, unsafe, and poses significant danger to anyone entering the premises. 6. The bulkhead door to the basement has obviously been open and exposed to the elements for a long time. The wood treads are completely rotted and unsafe for any weight bearing. Based upon my findings I make the following recommendations: 1 . The entire structure should be demolished and removed at the earliest possible date. The resultant foundation hole should be backfilled with appropriate structural fill, compacted to align with existing finish grade and either planted with some type of meadow-grass mix or suitable permeable material. 2. All other extraneous site debris (abandoned vehicles, propane tanks, loose wires, etc...) should be removed from the site and/or a perimeter construction fence installed to deter entry into the site. I trust that this information has been helpful, if you have any questions or require specific photo documentation of the items noted above, please feel free to contact me. Sincerely yours, o An. QpyL FEy F[} G No.7789.w �p YAIiuCCJ1M'CNT, b ems/ AIA C�J '1tTN OF N Nam' Richard P. Fenuccio Board Survey, Licensed Architect - Disinterested Party cc: Jeff Carter, Barnstable Building Inspector 203 WILLOW STREET SUITE A 93B COURT STREET UNIT 22 YARMOUTHPORT,MA 02675 PLYMOUTH,MA 02360 508-362-8382 508-927-4127 W W W.CAPEARCHITECTS.COM Case Details - Massachusetts Trial Court 3 Page 1 of 2 I Skip to main content 1925S0000067 The Bank of New York Mellon Trust Company, NA Formerly known as The Bank of New York Trust Company, NA v. Murtha, Patrick M • Case Type Summary Process Case CPen Status `v tbffy c r V "� �✓�--- I � File Date 04/08/2019 DCM Track: J i Initiating Action: Summary Process-Residential(c239) Status Date: 04/08/2019 Case Judge: Next Event: 04/18/2019 Property Address 591 Wakeby Rd I � All Information I, Party I Event Docket Disposition __...... .......................................................................................................-------.........................................................._....._........_..................................................._.._.............................-...................-............ ----......_................_................................ Party Information The Bank of New York Mellon Trust Company,NA -Plaintiff — - .. ............... Alias ' I i Party Attorney • Attorney • Maynard, Esq.,Jennifer • Bar Code ! j • 671032 ! • Address !; ! • Bendett&McHugh 60 Man mar Drive ! Suite 7 ` Plainville,MA 02762 Phone Number — /l/ (508)919-8637 j More Party Information t Murtha,Patrick M -Defendant I"' ( . A..lias.. _...._........................ .__......................._................._................................................................................................................... Party Attorney More Party Information I ............. ............. .... ........ .... ................._.................................................................... ............ .... ............................ .......................... ............... .......... ....... ................._............._.......................... .... .............................. .... .._.................. ............... .................................................. ...� Events https://www.massc'ourts.org/eservices/search.page.3?x=Oj j cniHXIrEVTY4DdbPr6 I TTihE... 4/17/2019 'The dwelling has been declared to be structurally unsound. There are holes in the root and tloors. concerned that is an attractive nuisance for children. i Attach Documents / Photos ' 09224.pdf l I _ c Wed Mar 27 2019 Thu Mar 28 2019 Thu Mar 28 2019 Thu Mar 28 201 I Owner MU.RTHX PATRICK M It has been vacant for a tew years. Neighbc r I j I j i 9 Thu Mar 28 2019 j I I � t