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Home My WebLink About0020 GLEN ROAD - Health 20 Glen Rd, Hyannis Cinderella Cleaning I I o i f� 0 a 1 \ 0 McKenzie, Marybeth From: Charlie Downey <charlie.downey.wmd@gmail.com> Sent: Tuesday, September 01, 2020 1:16 PM To: McKenzie, Marybeth' Cc: Lisa Downey Subject: Fwd: Complaint filed with heTown of Barnstable Health Department Attachments: IMG_0847 (1) 8-2020 jpg;IMG_1130 8-2020 jpg;IMG_1143 8-2020 jpg;IMG_ 11438-2020jpg;IMG_0845 (1)8-2020 jpg a Hello Marybeth, We have noted over the past several weeks a significant increase in the incidents of peanut shells and pieces of stale bread being carried by animals into our yard. It is so evident that we have-stopped our dog from eating whole peanuts in yard on several -- occasions, and, on multiple occasions she has come into the house with peanut shells in her mouth. Having a child with nut allergies, this is alarming. On multiple recent occasions our son has reported that his arms have had rashes and hives after playing with the dog, a condition which he has not typically displayed (he is not allergic to pet dander or hair), but which is an indicator of his exposure to nut oils.. Additionally, the seagulls are back circling the house early in the morning and perching on the roof at 20 Glen. There are also flocks of pigeons swarming thorough the yard. Attached are recent photographs of the conditions at 20 Glen. You can clearly see the troughs of peanuts and the stale bread scattered on the walkway outside of the back door. This morning Lisa went over to 20 Glen and had a conversation with the homeowner, asking him why, he was obviously continuing to feed the birds, specifically why he was continuing to feed the birds peanuts. She also told him that we are continuing to find peanut shells .in our yard and that our son is allergic. The homeowner's response was that he's feeding the-birds -because we filed a complaint with-the Board of Health.- The resident at 20 Glen is refusing to comply with the Cease and _Desist letter which was sent in June, 2020. His behavior has not modified at all. In addition, the resident is clearly retaliating against us in a fashion that jeopardizes our son's health and interferes with our quiet enjoyment of our property. Thank you for your anticipated response and, as always, if you require further information, please feel free to contact us. Warmest Regards, Charlie Downey 1 Charles H. Downey, Jr. LBox 866, 430 Scudder Ave, H annis ort, MA__0264 t 508)272-350 rlie.dowse .wmd@ mail.co COt\r171�LL�r77t1]17Y t\'OTTCE:The tontenta of thi email menage and any at[achmeut r an intended solely for the addressee(r)and tiny cordain con rrlentia!arrd/orprir ik d information and miry be legal rolected fmm di rrla sin.tfyou air not the intended renioieni of ibis message or their agent,or if this message has been addressed toyon in errnr,please amnediately alerl the sender by reply envailand then delete a nt rssage and rm•atlacbmenla.//yorr arc not the intended reci/iient,you are herelry soli red that rnry usr,dissemination,copying,or slamgJt�is message•ar its attacGnnnls is strictly rohibited ---------- Forwarded message --------- From: Charlie Downey<charlie.downey.wmd@gmail.com> Date: Wed, Jul 22, 2020 at 8:10 AM ' Subject: Re: Complaint filed with heTown of Barnstable Health Department To: McKenzie, Marybeth<Marybeth.McKenzientown.barnstable.ma:us> -- Cc:.Lisa-Downey.<lisardowney_@gmail.com>- -- - = -- -- ---- -- - -------- --- ------ . . - --- - - . .- Hello Marybeth, Thank you very much for your reply and for the action taken by the Board of Health. We have still noticed that the resident continues to place bread and other food items out for birds, and there continues to be"large flocks of pigeons in the yard and surrounds. Because we now have,a dog, the number of squirrels carrying peanuts, etc., has,decreased. Additionally, we haven't noticed as many seagulls, but we suspect that this is seasonal. o One other related item,the landscaping company that services the property has recently on more than one , occasion begun operations before 7:00 AM. My wife has contacted-this company and complained about the early start. ' ° Again, thank you for your update and°assistance in this matter. It is greatly appreciated. o Warmest regards, o - - - — - - -.-:----------- ---- - - - ---- - -- -- -- - Charlie Downey CHARLES H DOWNEY JR - 430 SCUDDER AVENUE t " HYANNIS, MA 02601 PO BOX 866 HYANNISPORT,MA 02647 1 (508) 272-3500 a charlie.downey.wmdngmail.com ' o On Tue, Jul 21, 2020 at 10:03 AM McKenzie, Marybeth <Marybeth.McKenzie@town.barnstable.ma.us> wrote: • o Hello, y 4 2 ° • 9 McKenzie, Marybeth From: Charlie Downey <charlie.downey.wmd@gmail.com> Sent: Tuesday, September 01, 2020 1:16 PM To: McKenzie, Marybeth Cc: Lisa Downey Subject: Fwd: Complaint filed with heTown of Barnstable Health Department Attachments: IMG_0847 (1) 8-2020 jpg;IMG_1130 8-2020 jpg;IMG_1143 8-2020 jpg;IMG_ 11438-2020 jpg;IMG_0845 (1)8-2020 jpg Hello Marybeth, ° We have noted over the past several weeks a significant increase in the incidents of peanut shells and pieces of stale bread being carried by animals into our yard. It is so evident that we have stopped our dog from eating whole peanuts in-yard on several occasions, and, on multiple occasions she has come into the house with peanut shells in her mouth. Having a child with nut allergies, this is alarming.. On multiple recent occasions our son has reported that his arms have had rashes and hives after playing with the dog, a condition which he has not typically displayed (he is not allergic to pet dander or hair), but which is an indicator of his exposure to nut oils. . Additionally, the seagulls are back circling the house early in the morning and perching on the roof at 20 Glen. There are also flocks of pigeons swarming thorough the yard. Attached are recent photographs of the conditions at 20 Glen. You can clearly see the troughs of peanuts and the stale bread scattered on the walkway outside of the back door. This morning Lisa went over to 20 Glen and had a conversation with the homeowner, asking him why he was obviously continuing to feed the birds, specifically why he was continuing to feed the birds peanuts. She also told him that we are continuing to find peanut shells in our yard and that our son is allergic. The homeowner's response was that he's feeding-the-birds because we filed a complaint with the Board- of Health. - The resident at 20 Glen is refusing to comply with the Cease and Desist letter which was sent in June, 2020. His behavior has not modified at all. In addition, the resident is clearly retaliating against us in a .fashion that jeopardizes our son's health and interferes with our quiet enjoyment of our property. Thank you for your anticipated response and, as always, if you require further ° information, please feel, free to contact -us. Warmest Regards, Charlie Downey ° 1 - ^ Charles H. Downey, Jr. e , PO Box 866, 430 Scudder Ave, Hyannis ort, MA-0264 , 1(508)272-3500 charlie.dowse .wmd@ mail.co ° COt\�IDT_1\ lfll ITY 1'\T077CL:The rontentc oj[Gis email message and any at[achmenIs am intended so%!y for the«ddWs ee(s)and mey contain con tdentia!«nd/orprir ilegrd inormahon and may be kg«! protected jmm dinlosnre.jyon are not the intended n rpirnt ojtbi message or their agent,or ijtbir message bat been addressed toyon in ennnr,plane immediately alert the sender by eeply email and thus delete tb' lnt CJSeege«nd mry«ttaehvents.I(yo«are.not the intended trapien ;,on are beirby notified th«t«ny vue,dissemination,cop77gg,or storagef Ihit mesc«ge or its attacbments a stictly mbibited o — a n c ---------- Forwarded message --------- From: Charlie Downey<charlie.downey.wmd&mail.com> ° Date: Wed, Jul 22, 2020 at 8:10 AM Subject: Re: Complaint filed with heTown of Barnstable Health Department ° To: McKenzie, Marybeth<Marybeth.McKenzie@town.barnstable.ma.us> Cc:.Lisa Downey-<lisardowney@amai-l.com>--------------;----- --------- ------ - ------------- Hello Marybeth, Thank you very much for your reply and for the action taken by the Board of Health. We have still noticed that the resident continues to place bread and other food items out forbirds, and there continues to be large flocks of pigeons in the yard and surrounds. Because we now have.a dog,the number of squirrels carrying peanuts, etc., has decreased. Additionally,.we haven't noticed as many seagulls, but we suspect that this is seasonal. ° e One other related item, the landscaping company that services the property has recently on more than one occasion begun operations before 7:00 AM. My wife has contacted-this company and complained about the early start. Again, thank you for your update,and assistance in this matter. It is.greatly appreciated. o a Warmest regards, - - - --- - - - a- .----------------------- ----------------- . - - - -- --- -------=--- --- ° Charlie Downey �CHARLES H DOWNEY JR o 430 SCUDDER AVENUE ° HYANNIS, MA 02601 0 PO BOX 866 ° HYANNISPORT, MA 02647 .. . ° e 1 (508) 272-3500 charlie.downey.wmd@gmail.com ° On Tue, Jul 21, 2020 at 1.0:03 AM McKenzie, Marybeth<Marybeth.McKenzie(cr�,town.barnstable.ma.us> wrote: Hello, ° 2 I am contacting you in regards to the complaint that was filed with this department against 20 Glen for feeding the birds and animals. A cease and desist letter was sent to him on June 25, 2020 with a 100 dollar non- criminal fine. We received a receipt of the paid fine on July 15, 2020. I wanted to update you on the status of the complaint and to see if there has been a change. Please feel free to contact me. o Marybeth McKenzie R. S. ° Health Inspector ° Town of Barnstable ° (508).862-4644 Charlie Downey Weathermark.Divers "Be FAST at the Weather Mark!" CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply; unless you recognize the sender's email address and know the content is safe! o ° 3 ° i Anthony M. Viola, Trustee Ellen K. McAuliffe Special Needs Trust 617-501-7900 Ms, Marybeth McKenzie, Health Inspector February 7, 2020 Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Bird Feeding at 20 Glen Road, Hyannis, MA 02601 Dear Ms. McKenzie: As you know, several weeks ago, I filed a verbal complaint with your Department with respect to the feeding of birds at a property adjacent to our property at 12 Glen Road. ItJs my under- standing that this past summer or fall,the tenant/occupant and/or owner were fined for incidents relating to previous conduct. I further understand that my recent complaint was dismissed after your investigation, during which you found no evidence that such feedings were taking place. This letter is to: (1) Inform you that contrary to your findings, the problem continues unabated; and, (2) Invite you to witness a feeding from our yard at a specific time of day. The tenant at 20 Glen Road continues to feed birds two times almost every day. Customarily, these feedings are done around'7:30 AM and 4:15 PM. It appears that whatever feed is being used is put out either in the bed of a pick-up truck or in a feeder(s)which resembles a pig trough. The event does not involve a simple backyard birdfeeder which attracts an occasional bird of flight. Rather, it involves hundreds of seagulls, pigeons, sparrows, and perhaps other birds, in an organized gathering which turns into a feeding frenzy, which leads to unsafe, unhealthy and unsanitary conditions in the neighborhood and specifically my adjacent property. Prior to most feedings, a flight of pigeons gather on the roof of 20 Glen Road. Thereafter, they are replaced by a colony of seagulls who gather in anticipation of the regular feeding. Meanwhile, hundreds of sparrows collect in the trees and brush at the rear of 12 Glen Road doing the same. The chirping sounds are emphatic and can be heard from a great distance. After the feeding(or at times before following a startling noise or distraction)the seagulls and/or pigeons will take flight directly toward and over 12 Glen Road. Not only is this incredibly frightening, the birds defecate on our property. We have provided a short video (see enclosed flash drive)which contains images and video taken over the last few weeks. I think it clearly demonstrates what is happening on a daily basis. Unfortunately, safety concerns and the positioning of a boat and trailer on the left side of 20 Glen I Road by the tenant/occupant prohibit our ability to film a feeding in process. There are however, images and video of the birds gathering in anticipation thereof, as well as the aftermath. If ultimately deemed necessary, we would be willing to install a camera on the roof of 12 Glen Road to obtain footage of same. It would seem that once a violation has been confirmed, it would give rise to either regular inspections or greater scrutiny on a subsequent complaint, in the same way that someone who commits a misdemeanor may been put on a period of probation. However, it appears as if the actions and demeanor of the tenant at 20 Glen Road have somehow inhibited this scrutiny. Yesterday,the tenant at 20 Glen Road witnessed our tenant taking photographs from the driveway of 12 Glen Road of the congregating birds. In a threatening voice, he yelled at her, suggesting that she was invading his privacy. It was rather alarming to her and I suggested she stopped further filming. As an aside, our tenant is a conscientious cleaner. She purchased a monthly membership at a local car wash and customarily washes her car every day and cleans anything that is soiled by bird droppings as soon as possible. Thus, you may have completely been fooled by the car's clean appearance and that of other portions of the home, driveway and furniture left out. It's certainly not that the birds aren't defecating on our property with intense regularity, it's simply that the property has been being cleaned with the intense regularity. The same holds true for the property at 20 Glen Road. The tenant is constantly spraying and cleaning that property to get rid of the droppings which are clearly evident on the roof of 20 Glen in several of the images, but were gone the next day. Please know that(around feeding time and just after), our tenant has regularly seen rats, squirrels and a few weeks back a coyote. We can forward that image, if need be. In addition, peanut shells and dropped bird seed is regularly found in the yard at 12 Glen. In a verbal discussion with my tenant,the Barnstable Animal Control Officer offered that the presence of the coyote may very well be linked to the feeding of the birds, inasmuch as the feed also attracts small animals, which are food for the coyote. What limited research I've done supports my contentions regarding the daily occurrences. I have discovered that generally, seagulls and pigeons only congregate where they are fed. The following was taken from a website which markets bird spikes: "There are two main reasons why a pigeon or seagull has chosen to move onto your property without permission. Initially these birds will have identified that some of the highest points on your property are very close to, or directly overlooking, their regular food source. Subsequently, they may have gone on to establish that flatter ledges, often lower down on the buildings, are conveniently sheltered f om the elements and provide perfect overnight roosting or nesting sites. Either way, as humans we are sometimes not comfortable living in such proximity to seagulls and pigeons: Many people claim they are noisy, dirty and destructive neighbours. To rid yourself of these unwanted guests, it is imperative to fully understand why these pesky birds have chosen your property above all others in the neighbourhood. During daylight hours, the pigeons'prime objective is lofted themselves. Modern urban birds have become very efficient in their search for food and will settle for any easy source that has a regular pattern to it. For example, a pensioner emptying a bag of bread crumbs in the town square at the same spot and time every day, or fast,food chains putting their rubbish out at a regular time. Pigeon and seagull flocks will find themselves nice, high-up vantage points to view the surrounding areas and places where they can exploit the human tendency to purposefully feed them or leave:food waste behind. These will tend to be the ridges of roofs, guttering a shop sign, chimney pot, or other high-up area on a property from where they can swoop down and take advantage of a free meal. It is probable that your property is providing an observation point. By protecting these high-up vantage areas on your property with bird anti-roosting systems, the birds will often abandon the property." I would like for you to discreetly come meet with me at 12 Glen Road for about an hour(30 minutes on.either side of an approximate feeding time) and observe what I have observed. If this action on your behalf requires me to file a subsequent complaint, I am more than happy to do so. Once seen, I believe you will come to the same conclusion I have come to,that the tenant's conduct simply must stop. Would you be kind enough to call me so that we might make arrangements to meet one day within the next couple of weeks? t irustee 617-501-7900 .- .V tt��tiu�/ .� �� iGf��. �� G - '�� A.Viola,Trustee Ellen K. McAuliffe Special Needs.Trust r, i Ms. Marybeth.McKenzie, Health Inspector Town of Barnstable 367 Main Street �; Hyannis, MA 02601 i Anthony M. Viola, Trustee Ellen K. McAuliffe Special Needs Trust 617-501-7900 Ms, Marybeth McKenzie, Health Inspector February 7, 2020 Town of Barnstable 367 Main Street Hyannis, MA 02601 Re: Bird Feeding at 20 Glen Road, Hyannis, MA 02601 i Dear Ms. McKenzie: _ As you know, several weeks ago, I filed a verbal complaint with'your Department with respect to the feeding of birds at a property adjacent to our property at 12 Glen Road. It is my 'under- standing that this past summer or fall, the tenant/occupant and/or owner were fined for incidents relating to previous conduct. I further understand that my recent complaint was dismissed after your investigation, during which you found no evidence that such feedings were taking place. This letter is to: (1) Inform you that contrary to your findings, the problem continues unabated; and, (2) Invite you to witness a feeding from our yard at a specific time of day. The tenant at 20 Glen Road continues to feed birds two times almost every day. x Customarily,these feedings are done around'7:30 AM and 4:15 PM. It appears that whatever feed is being used is put out either in the bed of a pick-up truck or in a feeder(s) which resembles a pig trough. The event does not involve a simple backyard birdfeeder which attracts an occasional bird of flight. Rather, it involves hundreds of seagulls, pigeons, sparrows, and perhaps other birds, in an organized gathering which turns into a feeding frenzy, which leads to unsafe, unhealthy and unsanitary conditions in the neighborhood and specifically my adjacent property: Prior to most feedings, a flight of pigeons gather on the roof of 20 Glen Road. Thereafter, they are replaced by a colony of seagulls who gather in anticipation of the regular feeding. Meanwhile, hundreds of sparrows collect in the trees and brush at the rear of 12 Glen Road doing the same. The chirping sounds are emphatic and can be heard from a great distance. After the feeding (or at times before following a startling noise or distraction)the seagulls and/or pigeons will take flight directly toward and over 12 Glen Road. Not only is this incredibly frightening, the birds defecate on our property. We have provided a short video (see enclosed flash drive) which contains images and video taken over the last few weeks. I think it clearly demonstrates what is happening on a daily basis. Unfortunately, safety concerns and the positioning of'a boat and trailer on the left side of 20 Glen Road by the tenant/occupant prohibit our ability to film a feeding in process. There are however, images and video of the birds gathering in anticipation thereof, as well as the aftermath. If ultimately deemed necessary, we would be willing to install a camera on the roof of 12 Glen Road to obtain footage of same. It would seem that once a violation has been confirmed, it would give rise to either regular inspections or greater scrutiny on a subsequent complaint, in the same way that someone who commits a misdemeanor may been put on a period of probation. However, it appears as if the actions and demeanor of the tenant at 20 Glen Road have somehow inhibited this scrutiny. Yesterday,the tenant at 20 Glen Road witnessed our tenant taking photographs from the driveway of 12 Glen Road of the congregating birds. In a threatening voice, he yelled at her, suggesting that she was invading his privacy. It was rather alarming to her and I suggested she stopped further filming. As an aside, our tenant is a conscientious cleaner. She purchased a monthly membership at a local car wash and customarily washes her car every day and cleans anything that is soiled by bird droppings as soon as possible. Thus,you may have completely been fooled by the car's clean appearance and that of other portions of the home, driveway and furniture left out.- It's certainly not that the birds aren't defecating on our property with intense regularity, it's simply that the property has been being cleaned with the intense regularity. The same holds true for the property at 20 Glen Road. The tenant is constantly spraying and cleaning that property to get rid of the droppings which are clearly evident on the roof of 20 Glen in several of the images, but were gone the next day. . L Please know that(around feeding time and just after), our tenant has regularly seen rats, squirrels and a few weeks back a coyote. We can forward that image, if need be. In addition, peanut shells and dropped bird seed is regularly found in the yard at 12 Glen. In a verbal discussion with my tenant,the Barnstable Animal Control Officer offered that the presence of the coyote , may very well be linked to the feeding of the birds, inasmuch as the feed also attracts small animals, which are food for the coyote. What limited research I've done supports my contentions regarding the daily occurrences. I have discovered that generally, seagulls and pigeons only congregate where they are fed. The following was taken from a website which markets bird spikes: "There are two main reasons why a pigeon or seagull has chosen to move onto your property without permission. Initially these birds will have identified that some of the highest points on your property are very close to, or directly overlooking, their regular food source. Subsequently, they may have gone on to establish that flatter ledges, often lower down on the buildings, are conveniently sheltered from the elements and provide perfect overnight roosting or nesting sites. Either way, as humans we are sometimes not comfortable living in such proximity to seagulls and pigeons. Many people claim they are noisy, dirty and destructive neighbours. To rid yourself of these unwanted guests, it is imperative to fully understand why these pesky birds have chosen your property above all others in the neighbourhood. During daylight hours, the pigeons'prime objective is to feed themselves. Modern urban birds have become very efficient in their search for food and will settle for any easy source that has a regular pattern to it. For example, a pensioner emptying a bag of bread crumbs in the town square at the same spot and time every day, or fast food chains putting their rubbish out at a regular time. Pigeon and seagull flocks will find themselves nice, high-up vantage points to view the surrounding areas and places where they can exploit the human tendency to purposefully feed them or leave food waste behind. These will tend to be the ridges of roofs, guttering, a shop sign, chimney pot, or other high-up area on a property from where they can swoop down and take advantage of a free meal. It is probable that your property is providing an observation point. By protecting these high-up vantage areas on your property with bird anti-roosting systems, the birds will often abandon the property." I would like for you to discreetly come meet with me at 12 Glen Road for about an hour(30 minutes on.either side of an approximate feeding time) and observe what I have observed. If this action on your behalf requires me to file a subsequent complaint, I am more than happy to do so. Once seen, I believe you will come to the same conclusion I have come to, that the tenant's conduct simply must stop. Would you be kind enough to call me so that we might make arrangements to meet one day within the next couple of weeks? t jViola, s, Trustee 617-501-7900 �1 V AiP- Town of Barnstable �`"E'° ► Inspectional Services BARNSPABLY- = Public Health Division MASS. i679 nrEo�s Office: 508-862-4644 Fax: 508-790-6304 Certified Mail# 7017-1000-0000-6763-4442 Mr. Joia Reis March 3, 2020 20 Glen Drive Hyannis Port, MA 12647 NOTICE TO ABATE VIOLATIONS OF TOWN OF BARNSTABLE BOARD OF HEALTH REGULATIONS.NUISANCE CONTROL REGULATION NO. 1 The property occupied by you located at 20 Glen Road, Hyannis, Ma was viewed on February 26, 2020 at 7:25 a.m., February 26, 2020at 3:15 p.m., and on March 2, 2020 at 7:25 a.m. by Thomas McKean, CHO, Health Agent for the Town of Barnstable. This investigation was conducted in response.to recent written complaints filed at the Public Health Division. The following violations of the Town of Barnstable Board of Health Regulations, Chapter 353 Nuisances were observed: 4 353-1 Responsibilities of owners and occupants: Multiple birds were observed on the roof and in the yard at 20 Glen Road because bird seed was scattered on the ground below and adjacent to the home-made bird feeders. Excessive amounts of bird feed (seeds) were observed scattered on the ground below and adjacent to the home-made bird feeders in the rear yard at 20 Glen Road. Bird feces were also observed on roof of house at 20 Glen Road. Excessive feeding brings a large amount of birds into the yard and these birds are also flying over and around the neighbor's yard. The complaints we received are regarding birds defecating on the neighbor's and their property The occupant of any land used for habitation shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish, other filth or causes of sickness in that part of the building and outside area which he occupies or controls. The owner of any building, vacant or otherwise, or parcel of land shall be responsible for maintain such a building or land in a clean and sanitary condition, free from garbage, rubbish, or other refuse. You are directed to cease and desist feeding the birds in this manner and to correct the violation within twenty-four (24) hours of receipt of this order letter by removing bird feed (seeds) from the ground. You may request a hearing before the Board of Health if written petition requesting this is received within ten (10) days after the date the order is served. However, these violations must be corrected within twenty four hours regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of $100.00. Each day's failure to comply with an order shall constitute a separate violation. PER ORDER OF T7 BOARD OF HEALTH 01C. clean, CHO Director of Public Health QAOrder Ietters\20 Glen Rd March 3 2020.Hyannis.docx i McKenzie, Marybeth From: Anthony Viola <amviola@faneuilcompanies.com> Sent: Friday, February 21, 2020 9:57 AM To: McKenzie, Marybeth Subject: 12 Glen Road - Bird Feeding (Continues) Attachments: Final Judgment -Town of Hull vs. Gail Klansky.pdf; State Santitary Code and By- Laws.docx Marybeth- Thank you for taking the time with me last week. Apologies if it seemed that your explanations were falling on deaf ears. Please know that after we spoke, I did review the BOH's regulations and just as you had indicated 1 (with the exception of Chapter 392, relating to waterfowl), I was unable to find any direct prohibition to bird feeding. That prompted me to do some additional research. Without much effort, I found a Massachusetts court case (Housing Court Department - Southeastern Division Docket No. 12-CV-00523) involving the Town of Hull's Board of Health. To quote, "This is an action in which a municipal authority seeks to permanently enjoin a resident(Gail Kansky) from "excessively" feeding birds from bird feeder at the resident's home. The authority alleges that such feeding causes excessive bird excrement in the immediate neighborhood to person and property in violation of the State Sanitary Code and the local health by-law. The authority further argues that such action also creates a public nuisance." The underlying facts and background of this case are very similar to what is transpiring at Glen Road. I've attached a copy of the "Judgment" in the matter, which was obtained from Joyce Sullivan, the Health Inspector in Hull. Please be sure to review the findings of fact beginning on Page 14. You will see that Judge Edwards ruled that the defendant violated Hull Town By-Laws (Chapter 215-4), as well as the State Sanitary Code (105 CMR 410.602A). In addition, he ruled that the defendant was a public nuisance. I've also provided both Hull's Chapter 215-4 (sections A and D) as well as Barnstable's Chapter 353-1-1. These are similar in scope and nature. Judge Edwards also ruled that uneaten or partially eaten (bird seed or bird food) constitutes "garbage", and that defecation is additional "garbage". I believe that this decision can be used to support the notion that the occupant of 20 Glen Road continues to violate both the Town's By-Law as well as the State Sanitary Code. It clearly provides the teeth to enforce same. I still would very much like to meet you at 12 Glen Road so you can witness the infractions firsthand. Again, there appear to be two feedings per day, one in the early morning and one late afternoon. Please do give me a call at 617-501-7900 to arrange same. Sincerely, Tony 1 i Anthony M. Viola, Trustee Ellen K. McAuliffe Special Needs Tryst 88 Wharf Street - Suite D Milton, MA 02186 Office: 857.598.2390 Mobile: 617.501.7900 Facsimile: 857.598.2396 Email: amviola cnie,faneuilcompanies.com The information contained in this communication is confidential, may be privileged and is intended for the exclusive use of the above-named addressee(s). Ifyou are not the intended recipient(s),you are expressly prohibited from copying, distributing, disseminating, or in any other way using any information contained within this communication. If you have received this communication in error please contact the sender by telephone or by response via mail. We have taken precautions to minimize the risk of transmitting software viruses, but we advise you to carry out your own virus checks on any attachment to this message. We cannot accept liability for any loss or damage caused by software viruses. CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! 2 - �.• _ 'fit � a 9 R '� �� SRO W �t ;! i t 'mac � ••. ;- �\ .. ',: '%' ',4 {z �. t X v^ N al � ,` � %�• . ',. �h; �yr� �� ilk Ar M &rl �. '`bvt,�,i<y ��.,� *� ;�'y'��' 1�s :,a, •'.R =� �� J..y,• y;- r. 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F SF''' J*wr rJ t 1'k r;�X1 a� u a sF fE r ;r r s -tea. - 'r _. •t'10 Y , i h'f 1� •tom a s �,. � „�/ �& ram, �. it � �X 7�i-�'�"-r-.` } ��}x .•' �>q e+/'Y' 4•?�,tlr r -�, '" {9n.o� w i, 4 ��a.�� . $•- c �� -I` ��4•y fix- ✓� si.... ,ti• ^-,mac. z.'yte �'�.�Y' `t•E _ ''�3 �,•�� R�`�,.'ia'i': aco �� `mix.- h.S .tx��}�� 4 -t" 't` \, az - .�' '-r r.. ;Gi^:��....�+..,.�;_,.'--.t ,•mod=.. ,st.za.�` .��:-<,... -c.�•" r.j,a.._ ,� times a? e ✓ r� 5RW T Jr air Mwy 4 Rraa}Lrt�e-{ �. `�i ,.Fd�'°x�fr}-'rYf' f� Y � }- x -,"•u r"- �a� "C. �y51�.��'�- / �-.. ft`'scf 4Js-;'•".. r , - s.: ! ,y��`_r<q�'`. 4' �/�'J.+.,yam��9- �•- .�ti �c-+ ,,kf 1: - T .L'r `. y iTyi s>:-"=Fb � +r Z n .✓ 'F+' v'c' SK,.,Y'�..* ,/�, /i 5.1 �q-r1�WIl i i McKenzie, Marybeth From: Anthony Viola <amviola@faneuilcompanies.com> Sent: Friday, February 21, 2020 9:57 AM To: McKenzie, Marybeth Subject: 12 Glen Road - Bird Feeding (Continues) Attachments: Final Judgment -Town of Hull vs. Gail Klansky.pdf; State Santitary Code and By- Laws.docx Marybeth - Thank you for taking the time with me last week. Apologies if it seemed that your explanations were falling on deaf ears. Please know that after we spoke, I did review the BOH's regulations and just as you had indicated (with the exception of Chapter 392, relating to waterfowl), I was unable to find any direct prohibition to bird feeding. That prompted me to do some additional research. Without much effort, I found a Massachusetts court case (Housing Court Department - Southeastern Division Docket No. 12-CV-00523) involving the Town of Hull's Board of Health. To quote, "This is an action in which a municipal authority seeks to permanently enjoin a resident (Gail Kansky) from "excessively" feeding birds from bird feeder at the resident's home. The authority alleges that such feeding causes excessive bird excrement in the immediate neighborhood to person and property in violation of the State Sanitary Code and the local health by-law. The authority further argues that such action also creates a public nuisance." The underlying facts and background of this case are very similar to what is transpiring at Glen Road. I've attached a copy of the "Judgment" in the matter, which was obtained from Joyce Sullivan, the Health Inspector in Hull. Please be sure to review the findings of fact beginning on Page 14. You will see that Judge Edwards ruled that the defendant violated Hull Town By-Laws (Chapter 215-4), as well as the State Sanitary Code (105 CMR 410.602A). In addition, he ruled that the defendant was a public nuisance. I've also provided both Hull's Chapter 215-4 (sections A and D) as well as Barnstable's Chapter 353-1-1. These are similar in scope and nature. Judge Edwards also ruled that uneaten or partially eaten (bird seed or bird food) constitutes "garbage", and that defecation is additional "garbage". I believe that this decision can be used to support the notion that the occupant of 20 Glen Road continues to violate both the Town's By-Law as well as the State Sanitary Code. It clearly provides the teeth to enforce same. I still would very much like to meet you at 12 Glen Road so you can witness the infractions firsthand. Again, there appear to be two feedings per day, one in the early morning and one late afternoon. Please do give me a call at 617-501-7900 to arrange same. Sincerely, Tony i Anthony M. Viola, Trustee Ellen K. McAuliffe Special Needs Trust 88 Wharf Street - Suite D Milton, MA 02186 Office: 857.598.2390 Mobile: 617.501.7900 Facsimile: 857.598.2396 Email: amviola@faneuilcompanies.com The information contained in this communication is confidential, may be privileged and is intended for the exclusive use of the above-named addressee(s). If you are not the intended recipient(s),you are expressly prohibited from copying, distributing, disseminating, or in any other way using any information contained within this communication. If you have received this communication in error please contact the sender by telephone or by response via mail. We have taken precautions to minimize the risk of transmitting software viruses, but we advise you to carry out your own virus checks on any attachment to this message. We cannot accept liability for any loss or damage caused by software viruses. CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! 2 a Chorles H. Downey, Jr. PO Box 866, 430 Scudder Ave, Hyannis ort,'M 02647 11(508)272-3500 , rcharlie.do wney.;wd�Gotndil maccom CONFTDEIVTIAI_]I7 NOTICE:The contents of ibis email message and any a U are intended solely for the addrrssee(s)and may contain confidential and/or privileged infornm[ion and maybe kgaly protected from disclosure.Ifyou are not the intended recipient of this message or their agent,or if this message has been addressed to you in error,please immediately alert the sender by rrply email and then delete this' message and an anachrirents.IJyou are dot the intended ntipient,you an hereby notified that any rue,dissemination,copying or storage of[his message or its attachments is strictly prohibited�— -- —� ---------- Forwarded message --------- From: Charlie Downey <charlie.downey.wmd@gmail.com> Date: Wed, Jul 22, 2020 at 8:10 AM Subject: Re: Complaint filed with heTown of Barnstable Health Department To: McKenzie, Marybeth<Marybeth.McKenzie@town.barnstable.ma.us> Cc: Lisa Downey <lisardowney@gmail.com> Hello Marybeth, Thank you very much for your reply and for the action taken by the Board of Health. We have still'noticed that the resident continues to place bread and other food items out for birds, and there continues to be large flocks of pigeons in the yard and surrounds. Because we now have a dog,-the number of squirrels carrying peanuts, etc., has decreased. Additionally, we haven't noticed as many seagulls,but we suspect that this is seasonal. One other related item, the landscaping company that services the property has recently on more than one occasion begun operations before 7:00 AM. My wife has contacted this company and complained about the ; early start. Again, thank you for your update and assistance in this matter. It is greatly appreciated. Warmest regards, Charlie Downey CHARLES H DOWNEY JR 430 SCUDDER AVENUE HYANNIS, MA 02601 PO BOX 866 HYANNISPORT, MA 02647 1 (508) 272-3500 charlie.downewmd@gmail.com On Tue, Jul 21, 2020 at 10:03 AM McKenzie, Marybeth <Marybeth.McKenzie@,town.barnstable.ma.us>wr i ote: Hello, z I am contacting you in regards to the complaint that was filed with this department against 20 Glen for feeding the birds and animals. A cease and desist letter was sent to him on June 25, 2020 with a 100 dollar non- criminal fine. We received a receipt of the paid fine on July 15, 2020. 1 wanted to update you on the status of the complaint and to see if there has been a change. Please feel free to contact me. Marybeth McKenzie R. S. Heat Inspector h In ctor Town of Barnstable (508) 862-4644 Charlie Downey Weathermark Divers "Be FAST at the Weather Mark!" CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! 3 McKenzie, Marybeth From: Charlie Downey <charlie.downey.wmd@gmail.com> Sent: Tuesday, September 01, 2020 1:16 PM To: McKenzie, Marybeth Cc: Lisa Downey Subject: Fwd: Complaint filed with heTown,of Barnstable Health Department Attachments: IMG_0847 (1) 8-2020jpg;IMG_1130 8-2020 jpg;IMG_1143 8-2020 jpg;IMG_ 11438-2020jpg;IMG_0845 (1)8-2020 jpg Hello Marybeth, We have noted over the past several weeks a significant increase in the incidents of peanut shells and pieces of stale bread being carried by animals into our yard. It is so evident that we have stopped our dog from eating whole peanuts in yard on several occasions, and, on multiple occasions she has come into the house with peanut shells in her mouth. Having a child with nut allergies, this is alarming. On multiple recent occasions our son has reported that his arms have had rashes and hives after playing with the dog, a condition which he has not typically displayed (he is not allergic to pet dander or hair), but which is an indicator of his exposure to nut oils. Additionally, the seagulls are back circling the house early in the morning and perching on the roof at 20 Glen. There are also flocks of pigeons swarming thorough the yard. Attached are recent photographs of the conditions at 20 Glen. You can clearly see the troughs of peanuts and the stale bread scattered on the walkway outside of the back door. This morning Lisa went over to 20 Glen and had a conversation with the homeowner, asking him why he was obviously continuing to feed the birds, specifically why he was continuing to feed the birds peanuts. She also told him that we are continuing to find peanut shells in our yard and that our son is allergic. The homeowner's response was that he's feeding the birds because we filed a complaint with the Board of Health. The resident at 20 Glen is refusing to comply with the Cease and Desist letter which was sent in June, 2020. His behavior has not modified at all. In addition, the resident is clearly retaliating against us in a fashion that jeopardizes our son's health and interferes with our quiet enjoyment of our property. Thank you for your anticipated response and, as always, if you require further information, please feel free to contact us. Warmest Regards, Charlie Downey McKenzie, Marybeth From: Charlie Downey <charlie.downey.wmd@gmail.com> Sent: Friday, August 07, 2020 1:15 PM To: McKenzie, Marybeth Cc: Lisa Downey Subject: Fwd: Complaint filed with heTown of Barnstable Health Department Attachments: IMG_0842jpg;IMG_0843 jpg;IMG_0844jpg;IMG_0845jpg;IMG_0846 jpg;IMG_ 0847jpg RE: The Bird Man Hi Marybeth, Attached are pictures that my wife, Lisa, took this morning. Our neighbor continues to ground feed seagulls and pigeons with food waste. Please note the significant number of seagulls on the roof, and, if you zoom in, you can see chunks of bread, and pieces of fruit scattered. Please also note the rabbit chewing on a chunk of bread. Fortunately, it's not a rat. Additionally, our 7-month-old puppy was cracking whole peanuts in our - back yard 2 days ago. With a child with a nut allergy this is worrisome since if the puppy mouths him while paying, he will break out in hives due to the nut oils in her saliva. (It has happened in the past.) Thank you for your help and I look forward to hearing from you. My cell phone is always a good way to contact me. Charles H. Downey, Jr. PO Box 866, 430 Scudder Ave, Hyannis ort,MA 02647, 1(508)272-3500 Charlie.downer.wmd@gmail.co ' CO!\THDE!\rI74=N077CE:Tlx contents oJthis email message and any attachments are intended solely for lie addressee(s)and may contain mnfidential and/or pritrkged information and may be kgaUy protested jrom discloarre.Ifyon an not the intended rccipiew ojlhis message or lhrir agent,or if[/sis message has been addressed loran in error,pka a immediate!},alert the sender by reply email and then dekle thu rmessage and any attachments Ifyon are not the intended recipient,you are be T notified that any use,dissemination,ro/rying or storage of this message or its attachments is strictly_probibited. ---------- Forwarded message --------- From: Charlie Downey <charlie.downey.wmd@a,gmail.com> Date: Wed, Jul 22, 2020 at 8:10 AM Subject: Re: Complaint filed with heTown of Barnstable Health Department To: McKenzie, Marybeth <Marybeth.McKenzie@town.barnstable.ma.us> Cc: Lisa Downey<lisardowney@gmail.com> Hello Marybeth, Thank you very much for your reply and for the action taken by the Board of Health. i I� We have still noticed that the resident continues to place bread and other food items out for birds,and there continues to be large flocks of pigeons in the yard and surrounds. Because we now have a dog, the number of squirrels carrying peanuts, etc., has decreased. Additionally, we haven't noticed as many seagulls, but we suspect that this is seasonal. One other related item, the landscaping company that services the property has recently on more than one occasion begun operations before 7:00 AM. My wife has contacted this company and complained about the early start. Again, thank you for your update and assistance in this matter. It is greatly appreciated. Warmest regards, Charlie Downey CHARLES H DOWNEY JR 430 SCUDDER AVENUE ' HYANNIS, MA 02601 PO BOX 866 HYANNISPORT, MA 02647 1 (508) 272-3500 charlie.downey.wmd@gmail.com On Tue, Jul 21, 2020 at 10:03 AM McKenzie, Marybeth<Marybeth.McKenzie(c�r�,town.bamstable.ma.us> wrote: Hello, I am contacting you in regards to the complaint that was filed with this department against 20 Glen for feeding the birds and animals. A cease and desist letter was sent to him on June 25, 2020 with a 100 dollar non- criminal fine.We received a receipt of the paid fine on July 15, 2020. 1 wanted to update you on the status of the complaint and to see if there has been a change. Please feel free to contact me. Marybeth McKenzie R. S. Health Inspector Town of Barnstable (508) 862-4644 Charlie Downey Weathermark Divers "Be FAST at the Weather Mark!" CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! 2 1 McKenzie, Marybeth From: Charlie Downey <charlie.downey.wmd@gmail.com> Sent: Tuesday, September 01, 2020 1:16 PM To: McKenzie, Marybeth Cc: Lisa Downey Subject: Fwd: Complaint filed with heTown of Barnstable Health Department Attachments: IMG_0847 (1) 8-2020jpg;IMG_1130 8-2020 jpg;IMG_1143 8-2020jpg;IMG_ 11438-2020jpg;IMG_0845 (1)8-2020 jpg Hello Marybeth, We have noted over the past several weeks a significant increase in the incidents of peanut shells and pieces of stale bread being carried by animals into our yard. It is so evident that we have stopped our dog from eating whole peanuts in yard on several occasions, and, on multiple occasions she has come into the house with peanut shells in her mouth. Having a child with nut allergies, this is alarming. On multiple recent occasions our son has reported that his arms have had rashes and hives after playing with the dog, a condition which he has not typically displayed (he is not t allergic to pet dander or hair), but which is an indicator of his exposure to nut oils. Additionally, the seagulls are back circling the house early in the morning and perching on the roof at 20 Glen: There are also flocks of pigeons swarming thorough the yard. Attached are recent photographs of the conditions at 20 Glen. You can clearly see the troughs of peanuts and the stale bread scattered on the walkway outside of the back door. This morning Lisa went over to 20 Glen and had a conversation with the homeowner, asking him why, he was obviously continuing to feed the birds, specifically why he was continuing to feed the birds peanuts. She also told him that we are continuing to find peanut shells in our yard and that our son is allergic. The homeowner's response was that he's feeding the birds because we filed a complaint with the Board of Health. The resident at 20 Glen is refusing to comply with the Cease and Desist letter which was sent in June, 2020. His behavior has not modified at all. In addition, the resident is clearly retaliating against us in a fashion that jeopardizes our son's health and interferes with our quiet enjoyment of our property. Thank you for your anticipated response and, as always, if you require further information, please feel free to contact us. Warmest Regards, r Charlie Downey �S Charles H. Downey, Jr. PO Box 866, 430 Scudder Ave, H annis ors,MA 02647, 7(508)272-350 Charlie.dowse .wmde mail.co COI\rFIDEI�rfIAI ITY NOTICE:The contents of this email message and any attachments an intended solely for the addrerree(t)and may contain confidential and/or priiile ed T formation and may he legally jirotected from d iosrue.I5y are not the intended redpient of this message or their agent,or if this message has been addressed toyon in emir,please immediately alert the sender by reply email and then delete thu rmrssage and an attachments.Ijyoa are not the intended recipient,you are hereby soli red tlia!any rue,diaemination,copying ar storage of this message or its attachments it sirictip-6bited. ---------- Forwarded message --------- From: Charlie Downey <charlie.downey.wmdng,gmail.com> Date: Wed, Jul 22, 2020 at 8:10 AM Subject: Re: Complaint filed with heTown of Barnstable Health Department To: McKenzie, Marybeth<Marybeth.McKenzie@town.barnstable.ma.us> Cc: Lisa Downey<lisardowney@gmail.com> Hello Marybeth, Thank you very much for your reply and for the action taken by the Board of Health. We have still noticed that the resident continues to place bread and other food items out for birds, and there continues to be large flocks of pigeons in the yard and surrounds. Because we now have a dog, the number of squirrels carrying peanuts, etc., has decreased. Additionally, we haven't noticed as many seagulls, but we suspect that this is seasonal. One other related item, the landscaping company that services the property has recently on more than one occasion begun operations before 7:00 AM. My wife has contacted this company and complained about the early start. Again, thank you for your update and assistance in this matter. It is greatly appreciated. Warmest regards, Charlie Downey CHARLES H DOWNEY JR 430 SCUDDER AVENUE HYANNIS, MA 02601 PO BOX 866 HYANNISPORT, MA 02647 1 (508) 272-3500 charlie.downey.wmd@gmail.com On Tue, Jul 21, 2020 at 10:03 AM McKenzie, Marybeth<Marybeth.McKenzie@town.barnstable.ma.us>wrote: Hello, z r I am contacting you in regards to the complaint that was filed with this department against 20 Glen for feeding the birds and animals. A cease and desist letter was sent to him on June 25, 2020 with a 100 dollar non- criminal fine. We received a receipt of the paid fine on July 15, 2020. I wanted to update you on the status of the complaint and to see if there has been a change. Please feel free to contact me. I Marybeth McKenzie R. S. Health Inspector Town of Barnstable (508) 862-4644 Charlie Downey Weathermark Divers "Be FAST at the Weather Mark!" CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! 3 t � McKenzie, Marybeth From: McKenzie, Marybeth Sent: Wednesday,August 26, 2020 9:46 AM To: Anderson, Robin Subject: FW:time line of r20 Glen Rd, Hyannis requested by Robin Anderson Robin-Tom said to email you this timeline. If you have any questions please feel free contact me.Thanks From: McKenzie, Marybeth Sent: Friday, August 21, 2020 1:41 PM To: McKean, Thomas Subject: time line of r20 Glen Rd, Hyannis requested by Robin Anderson Tom, I didn't know if you wanted to review this or add items to it before I sent it to Robin. I wrote it as my findings and it may be to detailed. Please let me know and thanks. Robin please see an email that was sent to you from Tom McKean on August 28,2019. It pertains to the Timeline and Status report for the time frame between January 28,2019 and August 27, 2019. TIMELINE AND STATUS REPORT-20 Glen Road, Hyannis, Ma 02601,Joia Reis, Feeding of Wild Birds and Animals Allegedly Causing a Nuisance to the Neighbor On 12/19/19 a complaint was filed regarding 20 Glen Rd of The bird feeding is happening twice a day and spreading:bird seed.There are flocks of birds and they are continuing to feed all the animals. Findings: Marybeth McKenzie R.S. went by 20 Glen and spoke with the owner Mr. Reece. He was quite upset that I was visiting the property again. He said I thought the complaint was closed. when I explained that complaint was closed, but another one has been called in concerning feeding the animals. Mr. Reece became extremely upset and started to yell at me that I was listening to the crazy "expletive" neighbor and not him. He was yelling and said that he paid a lot of money to get rid of the rats and that we have no right to be here. I tried to explain that by me coming by and verifying the conditions of the property then it can be quickly resolved if no violations were found. Mr. Reece said that I can walk the property and take pictures; which I did. There were a flock of pigeons flying around the area, but not landing. I asked Mr. Reece if they are homing pigeons and why do they fly around this area? He replied by saying "I don't know why don't you ask them." He also said "that he can't control pigeons and that they are not his." After walking the property) found that it was very neat and clean.'Very little bird seed was noted on the ground under the feeding tables. Squirrels were noted on the tables and a few birds. No violations were noted at this time. As I was walking back by the door Mr. Reece opened it and yelled at me that this is harassment then slammed the door. He then opened the door again and said to get off his property and never come back. I asked him, me? He replied yes you or anyone from the health department. Next time he will get a lawyer and sue the health department for harassment because we are listening to that crazy neighbor instead of him. He then slammed the door again. He would not let me explain that I did not find any violations and would be closing the complaint. I left the property. I went next door to 12 Glen and noted that no bird waste was noted on the car, the roof, outside furniture (on the side), or the walkway. A few spots were noted on the driveway. I knocked on the door, but no one answered. I returned to the office to show Mr. McKean the photos taken and about being kicked off the. property. He said due to not having any violations that this complaint can be closed. f On 2/12/20 a complaint was filed #70464 regarding 20 Glen Rd, by Anthony Viola Entered on 2/11/2020 10:53:31 AM Tom McKean was given the letter and he conferred with Robin Anderson because I was told not to come on 20 Glen I 1 r r Rd. property again. See last complaint for details. It was determined that I will go by the property at 4:00 to observe,, from the road or from 12 Glen Rd, the feeding of the birds at 20 Glen Road. I called Mr. Viola because he asked to be called regarding a visit so that he could meet me at the property. No one answered the phone so I left a message for him to call me back. I am planning on going to the property today at 4:00. Entered on 2/11/2020 4:14:23 PM I did not receive a call back from Mr. Viola so I called him back at 1:45 pm. He inquired if I had seen the video that they put together to show the flocking birds? I informed him that we, the department, must first have the flash drive ok'd by IT before we can view it. Mr. Viola went on to explain how bad the flocking birds are and I tried to explain how there are no regulations to forbid feeding the birds. He strongly disagreed with this and didn't understand how this can be allowed, feeding the birds. Then he said that the health department doesn't care and I am not doing anything about it. At this time, I explained to him that the health department does care and many inspections have been done. We did find the neighbor, at one time, in violation of the nuisance ordinance, but he had corrected the issues by hiring an exterminator, stopped feeding the birds on the ground, and implementing IPM (Integrated Pest Management). He repeated, but he is still feeding the birds and that I am not doing anything about it. I explained to him that his tenant first complained last year and that we, I and Mr. McKean, have been to the property at different times during the day, all unscheduled visits and the last 2 complaints no violations had been noted. Mr. Viola said that it isn't right that he can feed the birds and then when the birds leave the property they drop waste on 12 Glen Rd." I explained to him that on all inspections pictures have been taken of both of the properties and that 20 Glen's roof had a lot of excrement noted on it, but 12 Glen did not; nor did her car, driveway, or furniture on the side. I explained that I only saw a few drops on the back bulkhead in her yard on one of the inspections and that I even set up a time with the tenant, after receiving many complaints from her about her car, to look at her car one morning. When I got there around 8am and inspected the property the car and yard were clean of excrement. The tenant told me that she had just washed the car even though she knew I was specifically coming to inspect to see the damage to her property. Mr. Viola couldn't explain this action of why she would do this except to say that "yah you know her she is kind of flighty". I repeated that that"with all the inspections I have done I have only seen a few drops of excrement on her back bulkhead". Mr. Viola replied "well you know the old saying that you don't poop where you eat". This statement was confusing to me and I asked if they are not "pooping " on her property then why are the complaints coming in for excrement on her property? His reply was well people should be able to enjoy their yard without getting pooped on." I explained to him that I can only comment on what I observe on the inspections and that pictures have been taken of both of the properties and the neighbor's. 20 Glen's roof had a lot of excrement noted on it, but 12 Glen did not nor did her car, driveway, or furniture on the side. The neighbor's did not have excrement on their properties either. I also brought up that we have not received any other complaints from the other neighbors. Mr. Viola's reply was that" the neighbors are gone during the winter and that they don't know what is going on". At this point I remind him that the complaint from 12 Glen has been going on for approx. a year and that we have done inspections during the summer months too. He said that he would get another neighbor to complain. Mr. Viola went on to say that there was a piece of bread in the driveway this morning and that pest are dropping the food in her yard. He also stated that they see coyotes in the yard. I explained that coyotes are everywhere on the cape and he said that they are coming to the yard to eat the pests and birds. Mr. Viola kept stating "we"when referring to the issues at 12 Glen. When I asked him if he lived there he said that he did not and that it affects him because if he loses his tenant he will be out two month rent. He said that if we don't do anything then this will end up in the Supreme Court. I told him I was originally calling him, per his request in the letter sent, to come by 12 Glen during the feeding time and that I was planning on going that afternoon (2/11/20), but Mr. Viola said that he didn't want me to come until I viewed the video they made. At this time I ended the phone call and informed Tom McKean and he replied OK then we will wait till then. Entered on 2/28/2020 9:07:18 AM The video was viewed by Tom McKean and myself on 2/25/20. TM has been going by the property at the alleged feeding times to view the feedings. Entered on 3/3/2020 9:18:34 AM TM went to the property, undercover, at 7:25 AM to view a feeding on 2/26/20. On that day he saw multiple birds at the homemade birdfeeder and some squirrels on the ground at 20 Glen. TM did notice excessive amount of bird feed on the driveway and an order letter to cease and desist, will be sent today, regarding feeding the birds on the ground. No 2 1 birds were noted on the complainant's property and no feces noted on 12 Glen's house, driveway, or outside furniture. Tm also went back at 3:15 and had the same findings, but much smaller amount of feed on the driveway. On 3/2/20 at 7:25 AM TM went back, undercover, and noted 7-9 seagulls on the roof and 7 small birds at the feeder at 20 Glen's. The driveway was clean of bird seed on that day. At 12 Glen's property no birds were noted and her property. No feces were noted on her roof, driveway, or car. Rats were not noted at any time on either property. We have not received any other complaints at this time from any other neighbors regarding these issues. Entered on 3/25/2020 2:07:50 PM by McKenzie, Marybeth Certified green card has been returned to health department 3-20-20 Entered on 4/10/2020 12:25:41 PM I received an email from Mr. Viola which was forwarded to TM. I have since driven around the area numerous times, but have not seen large amounts of birds flying around at these different times. I will call Mr. Viola with an update. Entered on 4/10/2020 12:29:35 PM by McKenzie, Marybeth I called him and left a message Entered on 4/14/2020 9:26:42 AM I emailed him an update and forwarded it to TM too. Entered on 4/16/2020 10:54:17 AM Tm called the number listed on the pest control receipt and left a message for them to call the Health Department. I will also drop off a card to 20 Glen Rd. for them to call TM. Entered on 4/22/2020 11:59:06 AM I left a card on his door on 4/16/20. He called TM in the afternoon. He told TM that he had removed the "feeding tables" and only uses little bird feeders for little birds. When asked about the peanut shells, that I had noted on the ground that day, he stated that they are old because he stopped feeding the squirrels a while ago because a neighbor nicely asked him to because they were allergic to peanuts. TM told him that I would be stopping by next Wed 4/22 to verify the information just given. He also told TM that it was OK for me to come by and that he would be nice. I told him that I would be fitting the appointment in, but would probably be stopping by in the afternoon. I went by the property on 4/22/20 at approx. 11:15. the owner did answer the door and said it was OK for me to walk the property and take pictures. He also said that there aren't any rats on the property. The first thing I noted was 2 small pieces of cornbread and a few pieces of dried fruit on the driveway. I asked him about it and he said that if he doesn't leave something out then the squirrels will rip his window screens. He also said that he cleans up the area so nothing is left. I told him he can't feed the animals in this way.The yard was very neat and clean. I only noticed one squirrel and two small birds in the back yard. The "feeding tables" were moved from the back fence to behind the shed. Feed was noted on the tables. I could not tell if it was old or new, but there was not any birds noted on the platforms. I did not notice any tunneling from pests, but there was a mound of sand by the foundation, but no hole noted. Bait boxes were noted by the back of the house and the back shed. the back yard was clean of feed on the ground. Entered on 4/24/2020 11:25:59 AM I notified TM of my findings and he said to send an order letter to cease and desist putting food on the ground. Entered on 5/5/2020 10:04:38 AM A cease and desist letter was sent on 4/30/20 Entered on 5/12/2020 1:24:54 PM 3 r 5/12/20, I drove by the property and couldn't see anything on the ground, from the road, but there were 2 bird�•on the driveway. Entered on 5/21/2020 11:00:25 AM by McKenzie, Marybeth Green card was returned on 5/14/20. Entered on 5/28/2020 10:52:01 AM by McKenzie, Marybeth Called the owner and left him a message to please call me regarding an update to the feeding of the birds. Entered on 5/28/2020 11:27:23 AM I called Mr. Viola for an update and he said that the problem has not abated and that the tenant is calling him 3 times a week to complain about the feedings. I went over the information with him on my findings and he, at first, accused me of giving him the wrong dates. I again went over the dates with him and he understood that another cease and desist letter was sent, which clarified the dates for him. He asked me if the video was seen and I told him that we did view it, but all that could be seen were clips of a fence and birds coming down. He said that his tenant states that she was washing her car and property constantly. I explained how I have noted that the house roofs are clean of waste. Mr. viola said that 20 Glens roof isn't clean and I stated that I have noted that too. Mr. viola said that he 20 glen has become very tricky, since COVID 19, and he feeds all the time because he thinks that on one from the town is out inspecting. he also stated that the birds are feed early in the morning , 6:15, and late in the afternoon when the town offices have closed. I told him I can only comment on what I see when I am in the area. At this time I explained to him that I have driven by the property numerous times and at different times throughout the day and that I have not noticed large amounts of birds flying around. He told me that he saw an exterminators truck at 20 Glen Rd. I explained that it is a good thing to have an exterminator because he did have a pest problem (which had abated. 20 Glen was supposed to hire a pest management company and that it is good to be proactive. I told him the last time that I went to the property I did see bait boxes, but I did not see any pests or evidence of them. I also explained that pests live in the wild and it is good to be proactive. He said that Lisa saw a rat the other day in her back yard. I told him that her yard backs up to green space and rats can live in places like that green space. Mr. Viola didn't agree with that and said that you only hire a pest control company when you have a problem. He was starting to become argumentative and saying again that I was not reporting the truth and I told him everything is documented and that I can only comment on the conditions that I see. I also told him he is free to contact the director to speak with him. Mr. Viola said that he understood that I was doing all that I could do and that he should get the neighbor's that are complaining to him to complain to the health department. I told him that would be fine, but I also observe the surrounding neighbors and have not noticed bird waste on their property either. He once again said that someone is not telling the truth and I told him I have certified letters and documentation. Mr. Viola said that he will try to send in dated photos of the feeding of the birds. I told him that would be fine and that I was only calling to find out how it everything was going. I will be conferring with TM. Entered on 7/16/2020 8:04:21 AM Please refer to complaint #70772 for update. Entered on 2/11/2020 10:53:31 AM by McKenzie, Marybeth TM was given the letter and he conferred with Robin Anderson because I was told not to come on 20 Glen Rd. property again. See last complaint for details. It was determined that I will go by the property at 4:00 to observe, from the road or from 12 Glen Rd, the feeding of the birds at 20 Glen Road. I called Mr. Viola because he asked to be called regarding a visit so that he could meet me at the property. No one answered the phone so I left a message for him to call me back. I am planning on going to the property today at 4:00. u da a delete Entered on 2/11/2020 4:14:23 PM by McKenzie, Marybeth Last modified on 2/21/2020 1:59:47 PM 4 I did not receive a call back from Mr. Viola so I called him back at 1:45 pm. He inquired if I had seen the video that they put together to show the flocking birds? I informed him that we, the department, must first have the flash drive ok'd by IT before we can view it. Mr. Viola went on to explain how bad the flocking birds are and I tried to explain how there are no regulations to forbid feeding the birds. He strongly disagreed with this and didn't understand how this can be allowed, feeding the birds. Then he said that the health department doesn't care and I am not doing anything about it. At this time, I explained to him that the health department does care and many inspections have been done. We did find the neighbor, at one time, in violation of the nuisance ordinance, but he had corrected the issues by hiring an exterminator, stopped feeding the birds on the ground, and implementing IPM (Integrated Pest Management). He repeated, but he is still feeding the birds and that I am not doing anything about it. I explained to him that his tenant first complained last year and that we, I and Mr. McKean, have been to the property at different times during the day, all unscheduled visits and the last 2 complaints no violations had been noted. Mr. Viola said that it isn't right that he can feed the birds and then when the birds leave the property they drop waste on 12 Glen Rd." I explained to him that on all inspections pictures have been taken of both of the properties and that 20 Glen's roof had a lot of excrement noted on it, but 12 Glen did not; nor did her car, driveway, or furniture on the side. I explained that I only saw a few drops on the back bulkhead in her yard on one of the inspections and that I even set up a time with the tenant, after receiving many complaints from her about her car, to look at her car one morning. When I got there around 8am and inspected the property the car and yard were clean of excrement. The tenant told me that she had just washed the car even though she knew I was specifically coming to inspect to see the damage to her property. Mr. Viola couldn't explain this action of why she would do this except to say that "yah you know her she is kind of flighty". I repeated that that"with all the inspections I have done I have only seen a few drops of excrement on her back bulkhead". Mr. Viola replied "well you know the old saying that you don't poop where you eat". This statement was confusing to me and I asked if they are not "pooping " on her property then why are the complaints coming in for excrement on her property? His reply was well people should be able to enjoy their yard without getting pooped on." I explained to him that I can only comment on what I observe on the inspections and that pictures have been taken of both of the properties and the neighbor's. 20 Glen's roof had a lot of excrement noted on it, but 12 Glen did not nor did her car, driveway, or furniture on the side. The neighbor's did not have excrement on their properties either. I also brought up that we have not received any other complaints from the other neighbors. Mr. Viola's reply was that" the neighbors are gone during the winter and that they don't know what is going on". At this point I remind him that the complaint from 12 Glen has been going on for approx. a year and that we have done inspections during the summer months too. He said that he would get another neighbor to complain. Mr. Viola went on to say that there was a piece of bread in the driveway this morning and that pest are dropping the food in her yard. He also stated that they see coyotes in the yard. I explained that coyotes are everywhere on the cape and he said that they are coming to the yard to eat the pests and birds. Mr. Viola kept stating "we"when referring to the issues at 12 Glen. When I asked him if he lived there he said that he did not and that it affects him because if he loses his tenant he will be out two month rent. He said that if we don't do anything then this will end up in the Supreme Court. I told him I was originally calling him, per his request in the letter sent, to come by 12 Glen during the feeding time and that I was planning on going that afternoon (2/11/20), but Mr. Viola said that he didn't want me to come until I viewed the video they made. At this time I ended the phone call and informed Tom McKean and he replied OK then we will wait till then. update delete Entered on 2/28/2020 9:07:18 AM by McKenzie, Marybeth The video was viewed by Tom McKean and myself on 2/25/20. TM has been going by the property at the alleged feeding times to view the feedings. update delete Entered on 3/3/2020 9:18:34 AM by McKenzie, Marybeth TM went to the property, undercover, at 7:25 AM to view a feeding on 2/26/20. On that day he saw multiple birds at the homemade birdfeeder and some squirrels on the ground at 20 Glen. TM did notice excessive amount of bird feed on the driveway and an order letter to cease and desist, will be sent today, regarding feeding the birds on the ground. No birds were noted on the complainant's property and no feces noted on 12 Glen's house, driveway, or outsidelfurniture. Tm also went back at 3:15 and had the same findings, but much smaller amount of feed on the driveway. On 3/2/20 at 7:25 AM TM went back, undercover, and noted 7-9 seagulls on the roof and 7 small birds at the feeder at 20`Glen's. The driveway was clean of bird seed on that day. At 12 Glen's property no birds were noted and her property. No feces were noted on her roof, driveway, or car. Rats were not noted at any time on either property. We have not received any other 5 complaints at this time from any other neighbors regarding these issues. update delete i Entered on 3/25/2020 2:07:50 PM by McKenzie, Marybeth Certified green card has been returned to health department 3-20-20 update delete Entered on 4/10/2020 12:25:41 PM by McKenzie, Marybeth I received an email from Mr. Viola which was forwarded to TM. I have since driven around the area numerous times, but have not seen large amounts of birds flying around at these different times. I will call Mr. Viola with an update. update delete Entered on 4/10/2020 12:29:35 PM by McKenzie, Marybeth I called him and left a message update delete Entered on 4/14/2020 9:26:42 AM by McKenzie, Marybeth I emailed him an update and forwarded it to TM too. update delete Entered on 4/16/2020 10:54:17 AM by McKenzie, Marybeth Tm called the number listed on the pest control receipt and left a message for them to call the Health Department. I will also drop off a card to 20 Glen Rd. for them to call TM. update delete Entered on 4/22/2020 11:59:06 AM by McKenzie, Marybeth I left a card on his door on 4/16/20. He called TM in the afternoon. He told TM that he had removed the "feeding tables" and only uses little bird feeders for little birds. When asked about the peanut shells, that I had noted on the ground that day, he stated that they are old because he stopped feeding the squirrels a while ago because a neighbor nicely asked him to because they were allergic to peanuts. TM told him that I would be stopping by next Wed 4/22 to verify the information just given. He also told TM that it was OK for me to come by and that he would be nice. I told him that I would be fitting the appointment in, but would probably be stopping by in the afternoon. I went by the property on 4/22/20 at approx. 11:15. the owner did answer the door and said it was OK for me to walk the property and take pictures. He also said that there aren't any rats on the property. The first thing I noted was 2 small pieces of cornbread and a few pieces of dried fruit on the driveway. I asked him about it and he said that if he doesn't leave something out then the squirrels will rip his window screens. He also said that he cleans up the area so nothing is left. I told him he can't feed the animals in this way. The yard was very neat and clean. I only noticed one squirrel and two small birds in the back yard. The "feeding tables" were moved from the back fence to behind the shed. Feed was noted on the tables. I could not tell if it was old or new, but there was not any birds noted on the platforms. I did not notice any tunneling from pests, but there was a mound of sand by the foundation, but no hole noted. Bait boxes were noted by the back of the house and the back shed. the back yard was clean of feed on the ground. update delete Entered on 4/24/2020 11:25:59 AM by McKenzie, Marybeth I notified TM of my findings and he said to send an order letter to cease and desist putting food on the ground. update delete 6 Entered on 5/5/2020 10:04:38 AM by McKenzie, Marybeth A cease and desist letter was sent on 4/30/20 update delete Entered on 5/12/2020 1:24:54 PM by McKenzie, Marybeth 5/12/20, I drove by the property and couldn't see anything on the ground, from the road, but there were 2 birds on the driveway. update delete Entered on 5/21/2020 11:00:25 AM by McKenzie, Marybeth Green card was returned on 5/14/20. Entered on 5/28/2020 10:52:01 AM by McKenzie, Marybeth Called the owner and left him a message to please call me regarding an update to the feeding of the birds. Entered on 5/28/2020 11:27:23 AM I called Mr. Viola for an update and he said that the problem has not abated and that the tenant is calling him 3 times a week to complain about the feedings. I went over the information with him on my findings and he, at first, accused me of giving him the wrong dates. I again went over the dates with him and he understood that another cease and desist letter was sent, which clarified the dates for him. He asked me if the video was seen and I told him that we did view it, but all that could be seen were clips of a fence and birds coming down. HE said that his tenant states that she was washing her car and property constantly. I explained how I have noted that the house roofs are clean of waste. Mr. viola said that 20 Glens roof isn't clean and I stated that I have noted that too. Mr. viola said that he 20 glen has become very tricky, since COVID 19, and he feeds all the time because he thinks that on one from the town is out inspecting. he also stated that the birds are feed early in the morning , 6:15, and late in the afternoon when the town offices have closed. I told him I can only comment on what I see when I am in the area. At this time I explained to him that I have driven by the property numerous times and at different times throughout the day and that I have not noticed large amounts of birds flying around. He told me that he saw an exterminators truck at 20 Glen Rd. I explained that it is a good thing to have an exterminator because he did have a pest problem (which had abated. 20 Glen was supposed to hire a pest management company and that it is good to be proactive. I told him the last time that I went to the property I did see bait boxes, but I did not see any pests or evidence of them. I also explained that pests live in the wild and it is good to be proactive. He said that Lisa saw a rat the other day in her back yard. I told him that her yard backs up to green space and rats can live in places like that green space. Mr. Viola didn't agree with that and said that you only hire a pest control company when you have a problem. He was starting to become argumentative and saying again that I was not reporting the truth and I told him everything is documented and that I can only comment on the conditions that I see. I also told him he is free to contact the director to speak with him. Mr. Viola said that he understood that I was doing all that I could do and that he should get the neighbor's that are complaining to him to complain to the health department. I told him that would be fine, but I also observe the surrounding neighbors and have not noticed bird waste on their property either. He once again said that someone is not telling the truth and I told him I have certified letters and documentation. Mr. Viola said that he will try to send in dated photos of the feeding of the birds. I told him that would be fine and that I was only calling to find out how it everything was going. I will be conferring with TM. Entered on 7/16/2020 8:04:21 AM 7 Please refer to complaint #707Entered on 2/11/2020 10:53:31 AM TM was given the letter and he conferred with Robin Anderson because I was told not to come on 20 Glen Rd. property again. See last complaint for details. It was determined that I will go by the property at 4:00 to observe, from the road or from 12 Glen Rd, the feeding of the birds at 20 Glen Road. I called Mr. Viola because he asked to be called regarding a visit so that he could meet me at the property. No one answered the phone so I left a message for him to call me back. I am planning on going to the property today at 4:00. Entered on 2/11/2020 4:14:23 PM I did not receive a call back from Mr. Viola so I called him back at 1:45 pm. He inquired if I had seen the video that they put together to show the flocking birds? I informed him that we, the department, must first have the flash drive ok'd by IT before we can view it. Mr. Viola went on to explain how bad the flocking birds are and I tried to explain how there are no regulations to forbid feeding the birds. He strongly disagreed with this and didn't understand how this can be allowed, feeding the birds. Then he said that the health department doesn't care and I am not doing anything about it. At this time, I explained to him that the health department does care and many inspections have been done. We did find the neighbor, at one time, in violation of the nuisance ordinance, but he had corrected the issues by hiring an exterminator, stopped feeding the birds on the ground, and implementing IPM (Integrated Pest Management). He repeated, but he is still feeding the birds and that I am not doing anything about it. I explained to him that his tenant first complained last year and that we, I and Mr. McKean, have been to the property at different times during the day, all unscheduled visits and the last 2 complaints no violations had been noted. Mr. Viola said that it isn't right that he can feed the birds and then when the birds leave the property they drop waste on 12 Glen Rd." I explained to him that on all inspections pictures have been taken of both of the properties and that 20 Glen's roof had a lot of excrement noted on it, but 12 Glen did not; nor did her car, driveway, or furniture on the side. I explained that I only saw a few drops on the back bulkhead in her yard on one of the inspections and that I even set up a time with the tenant, after receiving many complaints from her about her car, to look at her car one morning. When I got there around 8am and inspected the property the car and yard were clean of excrement. The tenant told me that she had just washed the car even though she knew I was specifically coming to inspect to see the damage to her property. Mr. Viola couldn't explain this action of why she would do this except to say that "yah you know her she is kind of flighty". I repeated that that"with all the inspections I have done I have only seen a few drops of excrement on her back bulkhead". Mr. Viola replied "well you know the old saying that you don't poop where you eat". This statement was confusing to me and I asked if they are not "pooping "'on her property then why are the complaints coming in for excrement on her property? His reply was well people should be able to enjoy their yard without getting pooped on." I explained to him that I can only comment on what I observe on the inspections and that pictures have been taken of both of the properties and the neighbor's. 20 Glen's roof had a lot of excrement noted on it, but 12 Glen did not nor did her car, driveway, or furniture on the side. The neighbor's did not have excrement on their properties either. I also brought up that we have not received any other complaints from the other neighbors. Mr. Viola's reply was that" the neighbors are gone during the winter and that they don't know what is going on". At this point I remind him that the complaint from 12 Glen has been going on for approx. a year and that we have done inspections during the summer months too. He said that he would get another neighbor to complain. Mr. Viola went on to say that there was a piece of bread in the driveway this morning and that pest are dropping the food in her yard. He also stated that they see coyotes in the yard. I explained that coyotes are everywhere on the cape and he said that they are coming to the yard to eat the pests and birds. Mr. Viola kept stating"we"when referring to the issues at 12 Glen. When I asked him if he lived there he said that he did not and that it affects him because if he loses his tenant he will be out two month rent. He said that if we don't do anything then this will end up in the Supreme Court. I told him I was originally calling him, per his request in the letter sent, to come by 12 Glen during the feeding time and that I was planning on going that afternoon (2/11/20), but Mr. Viola said that he didn't want me to come until I viewed the video they made. At this time I ended the phone call and informed Tom McKean and he replied OK then we will wait till then. Entered on 2/28/2020 9:07:18 AM The video was viewed by Tom McKean and myself on 2/25/20. TM has been going by the property at the alleged feeding times to view the feedings. 8 i Entered on 3/3/2020 9:18:34 AM TM went to the property, undercover, at 7:25 AM to view a feeding on 2/26/20. On that day he saw multiple birds at the homemade birdfeeder and some squirrels on the ground at 20 Glen. TM did notice excessive amount of bird feed on the driveway and an order letter to cease and desist, will be sent today, regarding feeding the birds on the ground. No birds were noted on the complainant's property and no feces noted on 12 Glen's house, driveway, or outside furniture. Tm also went back at 3:15 and had the same findings, but much smaller amount of feed on the driveway. On 3/2/20 at 7:25 AM TM went back, undercover, and noted 7-9 seagulls on the roof and 7 small birds at the feeder at 20 Glen's. The driveway was clean of bird seed on that day. At 12 Glen's property no birds were noted and her property. No feces were noted on her roof, driveway, or car. Rats were not noted at any time on either property. We have not received any other complaints at this time from any other neighbors regarding these issues. Entered on 3/25/2020 2:07:50 PM Certified green card has been returned to health department 3-20-20 Entered on 4/10/2020 12:25:41 PM I received an email from Mr. Viola which was forwarded to TM. I have since driven around the area numerous times, but have not seen large amounts of birds flying around at these different times. I will call Mr. Viola with an update. Entered on 4/10/2020 12:29:35 PM I called him and left a message Entered on 4/14/2020 9:26:42 AM I emailed him an update and forwarded it to TM too. Entered on 4/16/2020 10:54:17 AM Tm called the number listed on the pest control receipt and left a message for them to call the Health Department. I will also drop off a card to 20 Glen Rd. for them to call TM. Entered on 4/22/2020 11:59:06 AM I left'a card on his door on 4/16/20. He called TM in the afternoon. He told TM that he had removed the "feeding tables" and only uses little bird feeders for little birds. When asked about the peanut shells, that I had noted on the ground that day, he stated that they are old because he stopped feeding the squirrels a while ago because a neighbor nicely asked him to because they were allergic to peanuts. TM told him that I would be stopping by next Wed 4/22 to verify the information just given. He also told TM that it was OK for me to come by and that he would be nice. I told him that I would be fitting the appointment in, but would probably be stopping by in the afternoon. I went by the property on 4/22/20 at approx. 11:15. the owner did answer the door and said it was OK for me to walk the property and take pictures. He also said that there aren't any rats on the property. The first thing I noted was 2 small pieces of cornbread and a few pieces of dried fruit on the driveway. I asked him about it and he said that if he doesn't leave something out 9 then the squirrels will rip his window screens. He also said that he cleans up the area so nothing is left. I told him he,can't feed the animals in this way. The yard was very neat and clean. I only noticed one squirrel and two small birds in the back yard. The "feeding tables" were moved from the back fence to behind the shed. Feed was noted on the tables. I could not tell if it was old or new, but there was not any birds noted on the platforms. I did not notice any tunneling from pests, but there was a mound of sand by the foundation, but no hole noted. Bait boxes were noted by the back of the house and the back shed. the back yard was clean of feed on the ground. Entered on 4/24/2020 11:25:59 AM I notified TM of my findings and he said to send an order letter to cease and desist putting food on the ground. Entered on 5/5/2020 10:04:38 AM A cease and desist letter was sent on 4/30/20 Entered on 5/12/2020 1:24:54 PM 5/12/20, I drove by the property and couldn't see anything on the ground, from the road, but there were 2 birds on the driveway. Entered on 5/21/2020 11:00:25 AM Green card was returned on 5/14/20. Entered on 5/28/2020 10:52:01 AM Called the owner and left him a message to please call me regarding an update to the feeding of the birds. Entered on 5/28/2020 11:27:23 I called Mr. Viola for an update and he said that the problem has not abated and that the tenant is calling him 3 times a week to complain about the feedings. I went over the information with him on my findings and he, at first, accused me of giving him the wrong dates. I again went over the dates with him and he understood that another cease and desist letter was sent, which clarified the dates for him. He asked me if the video was seen and I told him that we did view it, but all that could be seen were clips of a fence and birds coming down. HE said that his tenant states that she was washing her car and property constantly. I explained how I have noted that the house roofs are clean of waste. Mr. viola said that 20 Glens roof isn't clean and I stated that I have noted that too. Mr. viola said that he 20 glen has become very tricky, since COVID 19, and he feeds all the time because he thinks that on one from the town is out inspecting. he also stated that the birds are feed early in the morning , 6:15, and late in the afternoon when the town offices have closed. I told him I can only comment on what I see when I am in the area. At this time I explained to him that I have driven by the property numerous times and at different times throughout the day and that I have not noticed large amounts of birds flying around. He told me that he saw an exterminators truck at 20 Glen Rd. I explained that it is a good thing to have an exterminator because he did have a pest problem (which had abated. 20 Glen was supposed to hire a pest management company and that it is good to be proactive. I told him the last time that I went to the property I did see bait boxes, but I did not see any pests or evidence of them. I also explained that pests live in the wild and it is good to be proactive. He said that Lisa saw a rat the other day in her back yard. I told him that her yard backs up to green space and rats can live in places like that green space. Mr. Viola didn't agree with that and said that you only hire a pest control 10 company when you have a problem. He was starting to become argumentative and saying again that I was not reporting the truth and I told him everything is documented and that I can only comment on the conditions that I see. I also told him he is free to contact the director to speak with him. Mr. Viola said that he understood that I was doing all that I could do and that he should get the neighbor's that are complaining to him to complain to the health department. I told him that would be fine, but I also observe the surrounding neighbors and have not noticed bird waste on their property either. He once again said that someone is not telling the truth and I told him I have certified letters and documentation. Mr. Viola said that he will try to send in dated photos of the feeding of the birds. I told him that would be fine and that I was only calling to find out how it everything was going. I will be conferring with TM. Entered on 7/16/2020 8:04:21 AM Please refer to complaint #70772 for update. Entered on 2/11/2020 10:53:31 AM TM was given the letter and he conferred with Robin Anderson because I was told not to come on 20 Glen Rd. property again. See last complaint for details. It was determined that I will go by the property at 4:00 to observe, from the road or from 12 Glen Rd, the feeding of the birds at 20 Glen Road. I called Mr. Viola because he asked to be called regarding a visit so that he could meet me at the property. No one answered the phone so I left a message for him to call me back. I am planning on going to the property today at 4:00. Entered on 2/11/2020 4:14:23 PM I did not receive a call back from Mr. Viola so I called him back at 1:45 pm. He inquired if I had seen the video that they put together to show the flocking birds? I informed him that we, the department, must first have the flash drive ok'd by IT before we can view it. Mr. Viola went on to explain how bad the flocking birds are and I tried to explain how there are no regulations to forbid feeding the birds. He strongly disagreed with this and didn't understand how this can be allowed, feeding the birds. Then he said that the health department doesn't care and I am not doing anything about it. At this time, I explained to him that the health department does care and many inspections have been done. We did find the neighbor, at one time, in violation of the nuisance ordinance, but he had corrected the issues by hiring an exterminator, stopped feeding the birds on the ground, and implementing IPM (Integrated Pest Management). He repeated, but he is still feeding the birds and that I am not doing anything about it. I explained to him that his tenant first complained last year and that we, I and Mr. McKean, have been to the property at different times during the day, all unscheduled visits and the last 2 complaints no violations had been noted. Mr. Viola said that it isn't right that he can feed the birds and then when the birds leave the property they drop waste on 12 Glen Rd." I explained to him that on all inspections pictures have been taken of both of the properties and that 20 Glen's roof had a lot of excrement noted on it, but 12 Glen did not; nor did her car, driveway, or furniture on the side. I explained that I only saw a few drops on the back bulkhead in her yard on one of the inspections and that I even set up a time with the tenant, after receiving many complaints from her about her car, to look at her car one morning. When I got there around 8am and inspected the property the car and yard were clean of excrement. The tenant told me that she had just washed the car even though she knew I was specifically coming to inspect to see the damage to her property. Mr. Viola couldn't explain this action of why she would do this except to say that "yah you know her she is kind of flighty". I repeated that that"with all the inspections I have done I have only seen a few drops of excrement on her back bulkhead". Mr. Viola replied "well you know the old saying that you don't poop where you eat". This statement was confusing to me and I asked if they are not "pooping " on her property then why are the complaints coming in for excrement on her property? His reply was well people should be able to enjoy their yard without getting pooped on." I explained to him that I can only comment on what I observe on the inspections and that pictures have been taken of both of the properties and the neighbor's. 20 Glen's roof had a lot of excrement noted on it, but 12 Glen did not nor did her car, driveway, or furniture on the side. The neighbor's did not have excrement on their properties either. I also brought up that we have not received any other complaints from the other neighbors. Mr. Viola's reply was that" the neighbors are gone during the winter and that they don't know what is going on". At this point I remind him that the complaint from 12 Glen has been going on for approx. a year and that we have done inspections during the summer months too. He said that he would get another neighbor to complain. Mr. Viola went on to say that there was a piece of bread in the driveway this morning and that pest are dropping the food in her yard. He also stated that they see coyotes in the yard. I explained that coyotes are everywhere on the cape and he said 11 that they are coming to the yard to eat the pests and birds. Mr. Viola kept stating "we"when referring to the issues at 12 Glen. When I asked him if he lived there he said that he did not and that it affects him because if he loses his tenant he will be out two month rent. He said that if we don't do anything then this will end up in the Supreme Court. I told him I was originally calling him, per his request in the letter sent, to come by 12 Glen during the feeding time and that I was planning on going that afternoon (2/11/20), but Mr. Viola said that he didn't want me to come until I viewed the video they made. At this time I ended the phone call and informed Tom McKean and he replied OK then we will wait till then. Entered on 2/28/2020 9:07:18 AM The video was viewed by Tom McKean and myself on 2/25/20. TM has been going by the property at the alleged feeding times to view the feedings. Entered on 3/3/2020 9:18:34 AM TM went to the property, undercover, at 7:25 AM to view a feeding on 2/26/20. On that day he saw multiple birds at the homemade birdfeeder and some squirrels on the ground at 20 Glen. TM did notice excessive amount of bird feed on the driveway and an order letter to cease and desist, will be sent today, regarding feeding the birds on the ground. No birds were noted on the complainant's property and no feces noted on 12 Glen's house, driveway, or outside furniture. Tm also went back at 3:15 and had the same findings, but much smaller amount of feed on the driveway. On 3/2/20 at 7:25 AM TM went back, undercover, and noted 7-9 seagulls on the roof and 7 small birds at the feeder at 20 Glen's. The driveway was clean of bird seed on that day. At 12 Glen's property no birds were noted and her property. No feces were noted on her roof, driveway, or car. Rats were not noted at any time on either property. We have not received any other complaints at this time from any other neighbors regarding these issues. Entered on 3/25/2020 2:07:50 PM Certified green card has been returned to health department 3-20-20 Entered on 4/10/2020 12:25:41 PM I received an email from Mr. Viola which was forwarded to TM. I have since driven around the area numerous times, but have not seen large amounts of birds flying around at these different times. I will call Mr. Viola with an update. Entered on 4/10/2020 12:29:35 PM I called him and left a message. Entered on 4/14/2020 9:26:42 AM I emailed him an update and forwarded it to TM too. Entered on 4/16/2020 10:54:17 AM 12 Tm called the number listed on the pest control receipt and left a message for them to call the Health Department. I will also drop off a card to 20 Glen Rd. for them to call TM. Entered on 4/22/2020 11:59:06 AM I left a card on his door on 4/16/20. He called TM in the afternoon. He told TM that he had removed the "feeding tables" and only uses little bird feeders for little birds. When asked about the peanut shells, that I had noted on the ground that day, he stated that they are old because he stopped feeding the squirrels a while ago because a neighbor nicely asked him to because they were allergic to peanuts. TM told him that I would be stopping by next Wed 4/22 to verify the information just given. He also told TM that it was OK for me to come by and that he would be nice. I told him that I would be fitting the appointment in, but would probably be stopping by in the afternoon. I went by the property on 4/22/20 at approx. 11:15. the owner did answer the door and said it was OK for me to walk the property and take pictures. He also said that there aren't any rats on the property. The first thing I noted was 2 small pieces of cornbread and a few pieces of dried fruit on the driveway. I asked him about it and he said that if he doesn't leave something out then the squirrels will rip his window screens. He also said that he cleans up the area so nothing is left. I told him he can't feed the animals in this way. The yard was very neat and clean. I only noticed one squirrel and two small birds in the back yard. The "feeding tables" were moved from the back fence to behind the shed. Feed was noted on the tables. I could not tell if it was old or new, but there was not any birds noted on the platforms. I did not notice any tunneling from pests, but there was a mound of sand by the foundation, but no hole noted. Bait boxes were noted by the back of the house and the back shed. the back yard was clean of feed on the ground. Entered on 4/24/2020 11:25:59 AM I notified TM of my findings and he said to send an order letter to cease and desist putting food on the ground. Entered on 5/5/2020 10:04:38 AM A cease and desist letter was sent on 4/30/20 Entered on 5/12/2020 1:24:54 PM 5/12/20, I drove by the property and couldn't see anything on the ground, from the road, but there were 2 birds on the driveway. Entered on 5/21/2020 11:00:25 AM Green card was returned on 5/14/20. Entered on 5/28/2020 10:52:01 AM Called the owner and left him a message to please call me regarding an update to the feeding of the birds. Entered on 5/28/2020 11:27:23 AM 13 I called Mr. Viola for an update and he said that the problem has not abated and that the tenant is calling him 3,times a week to complain about the feedings. I went over the information with him on my findings and he, at first, accused me of giving him the wrong dates. I again went over the dates with him and he understood that another cease and desist letter was sent, which clarified the dates for him. He asked me if the video was seen and I told him that we did view it, but all that could be seen were clips of a fence and birds coming down. HE said that his tenant states that she was washing her car and property constantly. I explained how I have noted that the house roofs are clean of waste. Mr. viola said that 20 Glens roof isn't clean and I stated that I have noted that too. Mr. viola said that he 20 glen has become very tricky, since COVID 19, and he feeds all the time because he thinks that on one from the town is out inspecting. he also stated that the birds are feed early in the morning , 6:15, and late in the afternoon when the town offices have closed. I told him I can only comment on what I see when I am in the area. At this time I explained to him that I have driven by the property numerous times and at different times throughout the day and that I have not noticed large amounts of birds flying around. He told me that he saw an exterminators truck at 20 Glen Rd. I explained that it is a good thing to have an exterminator because he did have a pest problem (which had abated. 20 Glen was supposed to hire a pest management company and that it is good to be proactive. I told him the last time that I went to the property I did see bait boxes, but I did not see any pests or evidence of them. I also explained that pests live in the wild and it is good to be proactive. He said that Lisa saw a rat the other day in her back yard. I told him that her yard backs up to green space and rats can live in places like that green space. Mr. Viola didn't agree with that and said that you only hire a pest control company when you have a problem. He was starting to become argumentative and saying again that I was not reporting the truth and I told him everything is documented and that I can only comment on the conditions that I see. I also told him he is free to contact the director to speak with him. Mr. Viola said that he understood that I was doing all that I could do and that he should get the neighbor's that are complaining to him to complain to the health department. I told him that would be fine, but I also observe the surrounding neighbors and have not noticed bird waste on their property either. He once again said that someone is not telling the truth and I told him I have certified letters and documentation. Mr. Viola said that he will try to send in dated photos of the feeding of the birds. I told him that would be fine and that I was only calling to find out how it everything was going. I will be conferring with TM. Entered on 7/16/2020 8:04:21 AM Please refer to complaint #70772 for update: We received a certified letter in the mail from neighbor, Charles and Lisa Downey (508-827-7189) on 6-17-20. He is states the person living at this address is throwing food waste and nuts to the birds and animals outside. The letter addresses a concern regarding the nuts because one of their children has a nut allergy. They have spoken to this person on numerous occasions. He stopped initially and then started again. It is very noisy. They want the Town of Barnstable to mandate the behavior to stop. Entered on 7/8/2020 3:12:34 PM I went to the property, June 25, 2020, on an unscheduled visit and spoke with the owner. She explained about the problem the neighbor is creating when feeding the birds and animals. She specifically told the neighbor about the nut allergy, that her family member has, but that he continues to feed the them. The yard and lawn were meticulous. I did a check of the perimeter behind the shrubs and noted piles of peanut shell along the fence. The fence is adjacent to 20 Glen. Loose peanut shells were also noted in the lawn area. I left this property and went to 20 Glen and spoke with Mr. Reis. He was quite agitated that I was there and said that he is doing nothing wrong and that the neighbors are not telling the truth about him. I noted peanut shells and birdseed on the ground by his side slider door. When I asked him about it he stated again that he was not doing anything wrong and that his neighbors are not telling the truth. I reminded him about how the neighbor has a nut allergy and this action in feeding the animal's nuts could be dangerous. He denied it and said that they are not being truthful. At this time he started yelling and told me that I was harassing him and to get off his property. I left the property and conferred with the health director about my findings. A cease and desist letter and a 100.00 ticket was sent to Mr. Reis on July 1, 2020. Entered on 7/21/2020 9:43:42 AM On 7/15/20 a letter and the receipt of the fine paid was sent to the office. The letter states that he feels that the one neighbor that has been complaining about him in the past is getting the other neighbors to complain about him, which he states is "totally unreasonable". He also states "that I am not feeding animals on the ground. I occasionally place bird seeds in a container(platform) away from them so the birds may have some seed to eat. And I am not creating a nuisance to the neighbors". Mr. Reis Please letter stated that he"feels he has been discriminated and biased against and 14 this office has never offered a piece of damage caused to neighbors."Street file has the complete letter. I called Lisa Downey, for an update, and left a message on 7/21/20. Entered on 8/13/2020 1:23:22 PM An email was sent to the health department from Mr. Downey stating that 20 Glen is continuing feeding the animals food on the ground. I forwarded it to TM. TM directed me to contact Robin Anderson to start court proceedings. Photos available in the street file that the Downey's sent with the email. Marybeth McKenzie R. S. Health Inspector Town of Barnstable (508) 862-4644 15 TO: TOWN OF BARNSTABLE Inspectional Services E.„ PUBLIC HEALTH DIVISION. Thomas McKean, Director 200 Main St Hyannis MA 02601 Re: Letter dated 5/25/2020 FINES IN THE AMOUNT OF$100. Dear Mr.Thomas A.McKean I have resided at this address(20 Glen Rd-Hyannis-MA)well over 20-years. I have had NO complaints from anybody then. Last year, a new neighbor next to my home moved in and felt annoyed by birds flying over home and starting complaining to this office without any evidence of damage to her property whatsoever. Now,this neighbor joined my back-yard to complain about the birds which is totally unreasonable. I am not feeding animals on the ground. I occasionally place bird seeds in a container(platform) away from them so the birds may have seeds to eat.And I AM NOT CREATING A NUISANCE TO THE "NEIGHBORS." I have previously submitted evidence of compliance with the extermination of rats by EXTERMINATOR Al, WHICH ARE COMING HERE EVERY MONTH YEAR ROUND.AND THEREFORE I DO NOT HAVE A PUBLIC HEALTH HAZZARD ISSUE. FURTHERMORE,LAST YEAR,(JUNE 2019) Mr.Thomas McKean arrived at my residence very angry, rushed to my front door and attached a notice of violation and pointing a finger at my face stating that he was going to take me to court for violation of city ordinance and INCORRECTLY stated that I was unloading a pick up truck with food for[rats]and or birds in the backyard of my residence with NO EVIDENCE of such occurrence UNLESS for the next door neighbor's usual false statement. The evidence, by your own words, and fines is that I am being harassed and fined without a good cause. My place is clean and there is no issue with of health hazards/and or public health. I FEEL I HAVE BEEN DISCRIMINATED AND BIASED AGAINST and this office HAS NEVER OFFERED A PIECE OF EVIDENCE OF DAMAGE CAUSED TO NEIGHBORS. I am keeping record of your letters,fines and because I know this issue (without a good cause)will not stop this matter will result in the courts for reimbursement of these UNNECESSARY fines and other applicable issues my lawyer will see fit RespecfllySUbmitt e-d? 20 Glen Rddent. aC.hh r 1 — - NAM�,OFOFFENDER ,s BAR 7 6 918 TOWN OF ADD ESS OF OFFENDER _. BARNSTABLE CITY,STATE,ZIP CODE kk ! t�; ,.p r ; i'e., � y�.k'•t. 1 f e - - 3 1't Ilk fAV/MB REGISTRATION NUMBER �tHE ip� ! _ i •�� OFFENSE�r� (/ .,,,.r•- %y r y {f�• .' 1 ^ IIAN 1ASSel A: ' , 1�.n" �`�! `'~� ,�• i 1� k.•f�"� !t�i 'tt�:• �.�..f' �r�� " �`� i t(y'I J L: Q.� ., .. piFO MAC�� 'z%.� yr�� ..y d., �s �.� jrM6:�•'✓! .r' ;,!.e �• `! -•M !'./�i.l�C!E#�� ...-4`„1�'f�is ,a'1 t e�''d?� G�.��L f f� ••i'�i I ,c TIME AN'0 TE,OF VIO TION•,• •r `%J'�' LOCATION OF VIOLATION 4( t'�-4,,.-'. -d\r t W; NOTICE OF I I.�s v� _(A M,'/ P.M.)ON r f' ,r s � ,PO, tr J^ � SIGNATURE OF ENFORCING PERSO (. ENFpRC NG DEPT. f f BADGE NO. N , VIOLATION d, OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X - W' Qf ' ORDINANCE Unable to obtain signature of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS r✓�;r1' �`(�, W Date mailed u, I OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL CL i DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w` REGULATION (1)You may elect to pay the above tine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday'through Friday,legal holidays excepted, yaj before:The Barnstable Clerk,200 Main Street,Hyannis,MA2601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 430, 1 Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS 0.0 HE DATE OF THIS NOTICE. a.I (2)If you desire to contest this matter in a noncriminal proceeding,you may tlo so by making written request to DISTRICT COURT DEPARTMENT,FIRST Y RNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21 D Noncriminal Hearings and enclose a copy of this 7 , citation for a hearing. - (3)If you fall to pay the above offense.or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the ut� hearing to be due,criminal complaint may be Issued against you. ' Y ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature._. ....._- .. .-. .. _... �- _.. . .}.' 3 4 Town of Barnstable , -mamma. o� Inspectional Services M Public Health Division Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Certified Mail# 7019 1640 0002 2500 4971 Joia Reis June 25, 2020 20 Glen Drive Hyannis Port, MA 02647 NOTICE TO CEASE AND DESIST VIOLATIONS OF TOWN OF BARNSTABLE BOARD OF HEALTH REGULATIONS NUISANCE CONTROL REGULATION NO. 1 The property occupied by you located at 20 Glen Road, Hyannis, MA has been visited numerous times by Marybeth McKenzie, R.S., Health Inspector for the Town of Barnstable and again on June 25, 2020. This inspection was conducted in response to a complaint filed with the Public Health Division by the neighbors because they are consistently removing peanut shells from their property and food debris. This is a great concern to them because it could cause a medical emergency because there is a family member and neighbors that have nut allergies. Also, the flocking of the birds is causing a nuisance because of the waste they produce. § 353-1 Responsibilities of owners and occupants The Occupant of any building used for business or habitation shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish, other filth or causes of sickness in that part of the building and outside area which he occupies or controls. The owner of any building, vacant or otherwise, or parcel of land shall be responsible for maintain such a building or land in a clean and sanitary condition, free from garbage, rubbish, or other refuse. The following violations of the Town of Barnstable Board of Health Regulations, Chapter 353 Nuisances were observed: The feeding of wild birds and other animals by placing food (peanuts) and birdseed, directly on the ground. Peanut shells and bird seed were noted on the driveway. On the adjacent property, piles of shells were noted along that properties fence and some shells noted on the lawn. You are directed to Cease and Desist feeding the wild birds and other animals in this manner at your property immediately. In addition, all bird seed, peanuts, or any food waste products must be removed from the ground within twenty-four(24) hours of your receipt of this notice. You may request a hearing before the Board of Health if written petition requesting this is received within ten (10) days after the date the order is served. However, these violations must be corrected within twenty four hours regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of$100.00. Each day's failure to comply with an order shall constitute a separate violation. Q drive,order letters,cease and desist,20 Glen Rd.Hy 4-6-25-20 A non-criminal citation has been issued to you on June 25, 2020 due to the failure to cease and .desist feeding birds and animals as ordered on March 3, 2020 creating a nuisance to your neighbor(s). , PER ORDER OF THE BOARD OF HEALTH McKean, S. Director-of Public Health 1 - r ` Q drive,order letters,cease and desist,20 Glen Rd.Hy 4-6-25-20 "Town of Barnstable Inspectional Services ST�� Public Health Division MAM Thomas McKean, Director 200 Main Street, Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Certified Mail# 7019 1640 0002 2500 4971 June 25, 2020 Joia Reis 20 Glen Drive Hyannis Port, MA 02647 NOTICE TO CEASE AND DESIST VIOLATIONS OF TOWN OF BARNSTABLE BOARD OF HEALTH REGULATIONS,NUISANCE CONTROL REGULATION NO. 1 The property occupied by you located at 20 Glen Road, Hyannis, MA has been visited numerous times by Marybeth McKenzie, R.S., Health Inspector for the Town of Barnstable and again on June 25, 2020. This inspection was conducted in response to a complaint filed with the Public Health Division by the neighbors because they are consistently removing peanut shells from their property and food debris. This is a great concern to them because it could cause a medical emergency because there is a family member and neighbors that have nut allergies. Also, the flocking of the birds is causing a nuisance because of the waste they produce. 4 353-1 Responsibilities of owners and occupants. The Occupant of any building used for business or habitation shall be responsible for maintaining in a clean and sanitary condition and free of garbage,rubbish, other filth or causes of sickness in that part of the building and outside area which he occupies or controls. The owner of any building, vacant or otherwise, or parcel of land shall be responsible for maintain such a building or land in a clean and sanitary condition, free from garbage, rubbish, or other refuse. The following violations of the Town of Barnstable Board of Health Regulations, Chapter 353 Nuisances were observed: The feeding of wild birds and other animals by placing food (peanuts) and birdseed, directly on the ground. Peanut shells and bird seed were noted on the driveway. On the adjacent property, piles of shells were noted along that properties fence and some shells noted on the lawn. You are directed to Cease and Desist feeding the wild birds and other animals in this manner at your property immediately. In addition, all bird seed, peanuts, or any food waste products must be removed from the ground within twenty-four(24) hours of your receipt of this notice. You may request a hearing before the Board of Health if written petition requesting this is received within ten (10) days after the date the order is served. However, these violations must be corrected within twenty four hours regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of$100,00. Each day's failure to comply with an order shall constitute a separate violation. Q drive,order letters,cease and desist,20 Glen Rd.Hy 4-6-25-20 A non-criminal citation has been issued to you on June 25, 2020 due to the failure to cease and desist feeding birds and animals as ordered on March 3, 2020 creating a nuisance to your neighbor(s). PER ORDER OF THE BOARD OF HEALTH kl4ctan, S. Director of Public Health Q drive,order letters,cease and desist,20 Glen Rd.Hy 4-6-25-20 r ...b ,. (,.;.,.,.... ,. .,,> • r+= sk.•.., ra N f OFFENDER �t 11 t � kY 5 5'fcr' 3 � Soh}r R � BAR ?, " �,. - S •;hi }','{/�, ... G .�'lF��•7 �tt�s'�"Kltt�7s3'"4-tfE�R'• F 6 ' RES F OFFE i{ i'-Y i 't"a{�+;� � t" ..t�3+r�y t •{h `�,�tt"`:`:,! �` ;! ` 'yn �y �tg� ��O STATE,ZI/P,000E7 �+ Ty F+r.�Ss£; F'71� Rs utf �� ' 7�"v.�'.f�f�S��vt irv� } '•'� ENSE. i;' "' ,� r '� f7�t t -yl�_- t rrT ! .. �-Et {;Q 3,t " $JY.e ��,,F//rl 'z. 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P H a.s4at ✓.< 'ti OFT. r Y2'� BADGE NOS u 's W "'faF- }•.•♦1'� I h+ '�sY� -.1 .Y• i"t.. ,ah`„`•'3{': 't'r 4'G 1 {Lt IQ, fi,l(HEREB ACKNOWLEDGE RECE TaOF CITATION Xr g �Unabl 0 Obtafll SlgflatUretOt olielider •r r 1 11' i 'iORDMANCE r ,�ftt^��ps A ; THE NONCRIMINAL FINE FOR�THIS OFFENSE IS l;I•( ,• Wyk T3F•«...1 F[Adv �'`.T.}�F „�r,.�+. �+' -t,.i,rryyk �'` 1 + tr+'�t�'••::�� "y"•,Y t e: £ Date mailed r.€.'f, �tt 'Q+' t F.✓t� X�� .Ke1C: 4 L amf sane r r 1 0R A r.YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION�(1.)dR�O�PTION(2),•W11 L'OPERATE AS A FINAL �e i.y ,[:,jl�a c.6.:.�:L7S s .3J'•�M^ �'iP, WITH NO RESULTING CRIMINAL RECORD 4�:q t';�., �} `...i'.� REGUL'AT,ION r (1)You may elect to pay the above flue eftlier by appearing in person between;8'30 A M:and 4 00 PM.,Mon ihrouglr Friday legal hoRdaVs excepted ►u I xx� Hyarm MA .or mailfi a check money order o[po note to Barnstable c4 P. Box 430 �� re:Tile Barnstable Berk 200 Main Street, is 02601 by g aiR "rt Hyannis:MA 02601,WITHIN TWENTY-0NE(21)DAYS OF THE DATE OF THIS NO fICE)71 .117 rr fJ , �2)If yol7 desire to contest this matter in a noncnminal proosedi�you mayy do so by making written request to DISTRICT COURT DEPARTMENT FIRST r�' r BARNSTABLE DIVISION COURT CbMPOUND MAIN STRE 9ARNSTABLE,MA o2680,Attn:21 D Noncriminal Hearings and enclose a copy of this r7� dtatlon for aheadng'. ik• 'it',,r:-1tltT.,; %r'dZ "i=»3ir ssx.fA!:�ditTr51 Ar�2;uh �S`aiilrwT 'a t?2 r. dr`At aYr1 x't'!Y -� + x a (9)If'you fail to pay the above offense or to request a hearing within 21 days or N you fail to appear for the hearing or to pay any Rrte detertnlned at the +r� hearklg to be due cnIn nal complaint may be Issued against you u_j bove.confess to the o ^.q ;'.tlutrY.kia±'s:.-';3,'y�•;�.at<�'.��} -;'I:.°".��.,�"��sl'� .�;ryet,�•,3` s:`��-#'=''.�'ir �'.i�.`a�.- �r'�L3"> t�.� '!��`�,'�7#�r.`�'•},' .\ ❑,THEREBY ELECT the first option affense charged,and enclose payment In Me amount of E -t„^F�L.�'te' .yutv.,"'�y� '+�i st"'•tT9Y,/,Lc �ti'' 1"'q��`yc�'ni, v4s+F,'t ;�'�'a'r �'�'r'?'.;Y. Slgnaw �u�* �.+►�+�,[ws+tt�k ,•,3":!��+��7!:�-,:axi«...ii".Ja*i...S.'�.fJ--z��,r]td u,�.°,G `� �',�iti^ar •�*�''f. „3'"5y..:., 5 e cCrn?1ajr- + '7d�-�a CHARLES H. DOWNEY,JR. '.� & - A (y) 08 June 2020 � Thomas McKean, Director F � ' Board of Health / Inspectional Services, Health Division .Town of Barnstable Main Street Hyannis, MA 02601 RE: S. Batista, 20 Glen Road; Hyannis, MA 02601 Dear Director McKean: We are property owners adjacent to the address listed above. The owner of the listed property has created a condition that we believe is a health hazard. This owner insists on throwing food waste,especially stale bread and nuts,along with other items, into his backyard to feed birds. He has even erected wood troughs alongside his back fence (our property line) which he supposedly uses to feed animals. However, we have observed him throwing items out of his house from his back door. This behavior continuously attracts flocks of seagulls, large flocks of pigeons, squirrels, other animals such as,opossum, and, while we have not seen any,as,of yet, rodents,(rats), as reported by other individuals. This individual does not u`se-seed.fedders or other typical.bird feeders used d to-attractsongbirds, etc. We liave found a large amount of nut shells, specifically peanuts, in our yard, as well as chunks, of bread.• We have also had squirrels regularly burying these items in our yard,on numerous occasions. The bed adjacent to the back fence between the properties is inundated with peanut shells. Additionally, because of the large flocks of seagulls and pigeons that frequent this house and perch on the roof, our house, fences, shed, outdoor shower, cars, and boats are frequently marked with copious amounts for avian fecal matter. Aside from the mess related in the above paragraph, please note that this condition is of special concern since one of our children who 'resides in-this house has a nut allergy, especially to peanuts. One of our neighbors who has compiained to us about this condition also has a child' with a nut allergy. We have spoken with the resident of 20 Glen on several occasions about feeding the birds and have asked him to stop. Initially he said he would. He has not modified his actions in any manner. Last week we noted that every'Wednesday he has a landscaping crew do work at 7:00—7:45 in the morning.They'are very loud;we spoke with another landscaping company about the time that this crew started, and they stated that to start this early in the morning was very unusual.- We spoke with the contracted landscaping'service who told us-that they were instructed by,the homeowner to start this early since "he had an inspection�by,^the health department every Wednesday". It is,apparent to us that the'homeowner is attempting to hide the true conditions at his residence. ' 430 SCUDDER AVENUE * HYANNIS, MA 02601 PO BOX 866 * HYANNISPORT, MA 02647 1 (508) 827-7189 (H) * 1 (508) 272-3500 charhe.downey.wmd@gmA.com CHARLES H. DOWNEY,JR. We believe that the above conditions violate bylaws and ordinances of the Town of Barnstable, specifically Chapter 54, sections 1,2, and 5; as well as Commonwealth of Massachusetts' State Sanitary Code, Chapter 11, sections 353-1-353-4 005 CMR 410.000— 105 CMR 410.960). We are requesting that the Town of Barnstable Health Department investigate this matter. We also request that the Town of Barnstable mandate that this behavior stop, that the feeding troughs be removed; and that the Town of Barnstable take whatever further action.is necessary to alleviate current conditions. Thank you for your attention to this matter and your anticipated response. Very Truly Yours, Charles H. Down ,Jr. { C LIO 430 SCUDDER AVENUE ' HYANNIS, MA 02601 PO BOX 866 ' HYANNISPORT, MA 02647 1 (508) 827-7189 (H) ' 1 (508) 272-3500 charlie.downey.wmd@gmail.com McKean, Thomas From: McKean, Thomas Sent: Wednesday, August 28, 2019 12:18 PM To: Anderson, Robin Cc: McKenzie, Marybeth Subject: TIMELINE AND STATUS REPORT - 20 Glen Rd, Hyannis, Joia Reis- Feeding of Wild Birds Allegedly Causing a Nuisance to the Neighbor TIMELINE AND STATUS REPORT- 20 Glen Rd, Hyannis,Joia Reis, Feeding of Wild Birds Allegedly Causing a Nuisance to the Neighbor January 28, 2019- A complaint was received at the Health Division Office from Dan Horn, Director of the Marine and Environmental Affairs (MEA) Department on January 28, 2019. Animal Control Officer Charles Lewis previously received a complaint that the occupant at 20 Glen Road was overfeeding birds causing a nuisance to his next door neighbor. [NOTE: No other neighbors have complained about the over-feeding of birds nor of bird excrement.] Health Inspector Marybeth McKenzie, R.S. went out to the property the next day, on 1/29/19 to conduct an investigation of the complaint. Mr.Joia Reis informed Ms. McKenzie that he ordered Charlie Lewis to leave his property. Mr. Reis also informed her that he wasn't yelling at her, but at the "rotten neighbor." After Mr. Reis calmed down, Health Inspector Marybeth McKenzie, R.S. was invited to walk the property with him. She observed multiple peanut shells and feed on the ground, a violation of Section 353-1 of the Town of Barnstable Code. Mr. Reis was instructed to pick up all the feed and shells from the ground because it attracts rodents and causes a nuisance to the neighbor(s), a violation of Massachusetts General Law, Chapter 111, Section 122. It should be noted that Health Inspector Marybeth McKenzie, R.S. could not see any bird excrement on the complainant's/neighbor's property at that time. However,there was a lot of bird excrement on the roof of the home occupied by Mr. Reis. Jan 30, 2019- Mr. Reis hired a landscaper and had the yard cleaned on 1/30/19. This was verified by Health Inspector Marybeth McKenzie, R.S on 1/31/19. Please see#59899 in complaint data base for all the details. March 5, 2019 -The Health Division received another complaint regarding Mr.Joia Reis feeding birds causing large amounts of bird droppings all over the complainant's property located next door. Health Inspector Marybeth McKenzie, R.S. and the Director of Public Health,Thomas McKean visited the property at 20 Glen Road multiple times starting on March 6, 2019. Large amounts of feed and nutshells were observed on the driveway and grass, a violation of Section 353-1 of the Town of Barnstable Code. Mr. Reis was given a cease and desist regarding feeding the birds in this manner, on the ground, causing a nuisance to the neighbor(s). This is a violation of Section 353-1 of the Town of Barnstable Code and of Massachusetts General Law, Chapter 111,Section 122. April 20, 2019- Mr. Reis, 20 Glen Road, continued to feed the birds with seed on the ground . Director of Public Health, Thomas McKean issued Mr. Reis a 100 dollar non-criminal ticket due his failure to cease and desist feeding vld birds with feed on the ground a violation of Section 353-1 of the Town of Barnstable Code and of Massachusetts General Law, Chapter 111, Section 122. May 13, 2019- Director of Public Health,Thomas McKean went to the property .Two large bird feeding platforms with a small edge were now located in the back yard. Some seeds/feed were observed on the ground beneath the new feeders. Numerous rats were observed traveling around, in and out of holes in the ground and beneath the fence in the vicinity of the bird feeders. Mr. McKean issued Mr. Reis a $100 non-criminal ticket citation due to a violation of Section 353-1 of the Town of Barnstable Code and of Massachusetts General Law, Chapter 111, Section 122. May 15, 2019-A notice was sent to Mr. Reis,via certified mail, ordering him to: 1 Cease and desist feeding wild birds and other animals immediately; Hire a licensed exterminator to exterminate rats within 48 hours; and to - Remove all birdseeds, peanuts, walnuts and other foods and waste food products from the ground within 24 hours. May 17,2019-A&M Pest Control was hired by Mr. Reis. The licensed pest control company installed RTU rat station(s) on the property, 20 Glen Rd. Please see#59937 in complaint data base for all details. July 10,2019- The Health Division received another complaint regarding Mr.Joia Reis feeding birds causing large amounts of bird droppings all over the complainant's (neighbor's) property. Another$100 non-criminal ticket citation was issued to Mr. Reis due to his failure to cease and desist feeding birds with feed on the ground, a violation of Section 353-1 of the Town of Barnstable Code and of Massachusetts General Law, Chapter 111, Section 122. NOTE: To date, all tickets issued were paid. AUGUST 22, 2019- Health Inspector Marybeth McKenzie, R.S. went to 12 Glen Road, the day before a scheduled visit. During the site visit, only a few birds were observed at 20 Glen, but none were observed at the complainant's property( 12 Glen Rd.) Please note#70112 for all details regarding complaints. Health Inspector Marybeth McKenzie viewed 12 Glen Road at different times during on multiple days and did not observe any droppings. Bird excrement was not observed at 12 Glen Road, except for droppings observed on the back yard bulkhead. Ms. Johnson, 12 Glen Rd., repeatedly stated that she washes everything off. Health Inspector Marybeth McKenzie, R.S. took photos during numerous visits. No evidence of large amounts of bird waste observed at 12 Glen Road, with the exception of bird droppings observed at the rear bulkhead. NOTE: Ms. McKenzie spoke to the southerly next door neighbor; she said that she did not have any problems with bird waste or pests from Mr. Reece's yard. August 23, 2019,8:00 AM- Health Inspector Marybeth McKenzie, R.S. scheduled an appointment to view the complainant's car at 12 Glen Road. There were no bird droppings observed on the complainant's car, house roof, driveway,walkway, nor on any of the lawn furniture. The complainant stated she washed everything the day before in the afternoon after Ms. McKenzie had scheduled a visit to observe all the droppings on her property. There wasn't any evidence of bird excrement during any of the complaint investigation site visits, nor was any item wet in appearance from being washed. During these site visits, only a few birds were observed at 20 Glen, no birds were observed at the complainants property(12 Glen Rd.) Please note#70112 for all details regarding complaints. AUGUST 23, 2019,9:50 AM - Health Inspector Marybeth McKenzie, R.S. and Thomas McKean went to 20 Glen Rd and spoke with Mr.Joia Reis.The yard appeared to be free of peanut shells and bird seed; Mr. Reis stated the landscapers come twice a week. There was some spillage of bird feed/seeds on the ground beneath the bird feeding platforms however. Multiple rat holes/tunnels were observed, but no rats were seen at this time. Mr. Reis stated he will hire the exterminator to come back next week and we asked for an update from them regarding the exterminations and preventative measures. Mr. Reis was open to any suggestions and said he would contact us. He was advised to contact the exterminator and to request an Integrated Pest Management IPM Plan. On August 23, 2019, a certified order letter was mailed to Mr. Reis was mailed requiring Integrated Pest Management(IPM) action within 10 days of receiving the certified letter. It is our hope that we can close out the complaint, after the IPM actions are taken. 2 vr`} 0. August 27,2019,9:26 am- Mr. Reis called the Mr. McKean at the Health Division to inform him that he hired a new extermination company, Al Extermination Company. The workers will be onsite on August 28, 2019. Conclusion: Despite numerous complaints received from the occupant at 12 Glen Road Hyannis,there weren't significant amounts of bird droppings (bird excrement) observed at 12 Glen during multiple site visits conducted at different times of the days, as noted in the timeline report above. The only bird droppings observed at 12 Glen Road were located on the rear bulkhead. However, of concern were the presence of multiple rats at 20 Glen Road Hyannis. Multiple actions were taken against the violator,Joia Reis, at 20 Glen Road including orders to cease and desist feeding birds on the ground, orders to hire and re-hire a licensed exterminator, and the issuance of three (3) non- criminal ticket citations due to violations of Section 353-1 of the Town of Barnstable Code and of Massachusetts General Law, Chapter 111, Section 122. As of the date of this report,the Health Division is awaiting a status report regarding the extermination of rats and a final report from the extermination company regarding the details of an integrated pest management plan. Marybeth McKenzie, RS Health Inspector Thomas A. McKean Director of Public Health, CHO Town of Barnstable Public Health Division 200 Main Street Hyannis, MA (508) 862-4644 3 McKean, Thomas From: McKean, Thomas Sent: Thursday, September 19, 2019 8:47 AM To: McKenzie, Marybeth; Anderson, Robin Subject: 20 Glen Rd, Hyannis/ Joia Reis/Case Closed January 28,2019- A complaint was received at the Health Division Office from Dan Horn, Director of the Marine and Environmental Affairs (MEA) Department on January 28, 2019. Animal Control Officer Charles Lewis previously received a complaint that the occupant at 20 Glen Road was over-feeding the birds and causing a nuisance to his next door neighbor. [NOTE: No other neighbors have complained about the over-feeding of birds nor of bird excrement.] Health Inspector Marybeth McKenzie, R.S. went out to the property the next day, on 1/29/19 to conduct an investigation of the complaint. Mr.Joia Reis informed Ms. McKenzie that he ordered Charlie Lewis to leave his property. Mr. Reis also informed her that he wasn't yelling at her, but at the "rotten neighbor." After Mr. Reis calmed down, Health Inspector Marybeth McKenzie, R.S. was invited to walk the property with him. She observed multiple peanut shells and feed on the ground, a violation of Section 353-1 of the Town of Barnstable Code. Mr. Reis was instructed to pick up all the feed and shells from the ground because it attracts rodents and causes a nuisance to the neighbor(s), a violation of Massachusetts General Law, Chapter 111,Section 122. Health Inspector Marybeth McKenzie, R.S. could not see any bird excrement on the complainant's/neighbor's property at that time. However,there was a lot of bird excrement on the roof of the home occupied by Mr. Reis. Jan 30, 2019- Mr. Reis hired a landscaper and had the yard cleaned on 1/30/19. This was verified by Health Inspector Marybeth McKenzie, R.S on 1/31/19. Please see#59899 in complaint data base for all the details. March 5, 2019 -The Health Division received another complaint regarding Mr.Joia Reis feeding birds causing large amounts of bird droppings all over the complainant's property located next door. Health Inspector Marybeth McKenzie, R.S. and the Director of Public Health,Thomas McKean visited the property at 20 Glen Road multiple times starting on March 6, 2019. Large amounts of feed and nutshells were observed on the driveway and grass,a violation of Section 353-1 of the Town of Barnstable Code. Mr. Reis was given a cease and desist regarding feeding the birds in this manner, on the ground, causing a nuisance to the neighbor(s). This is a violation of Section 353-1 of the Town of Barnstable Code and of Massachusetts General Law, Chapter 111, Section 122. April 20,2019- Mr. Reis, 20 Glen Road, continued to feed the birds with seed on the ground . Director of Public Health, Thomas McKean issued Mr. Reis a 100 dollar non-criminal ticket due his failure to cease and desist feeding wild birds with feed on the ground a violation of Section 353-1 of the Town of Barnstable Code and of Massachusetts General Law, Chapter 111, Section 122. May 13,2019- Director of Public Health,Thomas McKean went to the property.Two large bird feeding platforms with a small edge were now located in the back yard. Some seeds/feed were observed on the ground beneath the new feeders. Numerous rats were observed traveling around, in and out of holes in the ground and beneath the fence in the vicinity of the bird feeders. Mr. McKean issued Mr. Reis a $100 non-criminal ticket citation due to a violation of Section 353-1 of the Town of Barnstable Code and of Massachusetts General Law, Chapter 111, Section 122. May 15,2019-A notice was sent to Mr. Reis,via certified mail, ordering him to: - Cease and desist feeding wild birds and other animals immediately; - Hire a licensed exterminator to exterminate rats within 48 hours; and to - Remove all birdseeds, peanuts, walnuts and other foods and waste food products from the ground within 24 hours. i May 17, 2019-A&M Pest Control was hired by Mr. Reis. The licensed pest control company installed RTU rat station(s) on the property, 20 Glen Rd. Please see#59937 in complaint data base for all details. July 10,2019- The Health Division received another complaint regarding Mr.Joia Reis feeding birds causing large amounts of bird droppings all over the complainant's(neighbor's) property. Another$100 non-criminal ticket citation was issued to Mr. Reis due to his failure to cease and desist feeding birds with feed on the ground, a violation of Section 353-1 of the Town of Barnstable Code and of Massachusetts General Law, Chapter 111, Section 122. NOTE: To date, all tickets issued were paid. AUGUST 22, 2019- Health Inspector Marybeth McKenzie, R.S. went to 12 Glen Road,the day before a scheduled visit. During the site visit, only a few birds were observed at 20 Glen, but none were observed at the complainant's property ( 12 Glen Rd.) Please note#70112 for all details regarding complaints. Health Inspector Marybeth McKenzie viewed 12 Glen Road at different times during on multiple days and did not observe any droppings. Bird excrement was not observed at 12 Glen Road, except for droppings observed on the back yard bulkhead. Ms. Johnson, 12 Glen Rd., repeatedly stated that she washes everything off. Health Inspector Marybeth McKenzie, R.S. took photos during numerous visits. No evidence of large amounts of bird waste observed at 12 Glen Road, with the exception of bird droppings observed at the rear bulkhead. NOTE: Ms. McKenzie spoke to the southerly next door neighbor; she said that she did not have any problems with bird waste or pests from Mr. Reece's yard. August 23, 2019, 8:00 AM- Health Inspector Marybeth McKenzie, R.S. scheduled an appointment to view the complainant's car at 12 Glen Road. There were no bird droppings observed on the complainant's car, house roof, driveway, walkway, nor on any of the lawn furniture. The complainant stated she washed everything the day before in the afternoon after Ms. McKenzie had scheduled a visit to observe all the droppings on her property. There wasn't any evidence of bird excrement during any of the complaint investigation site visits, nor was any item wet in appearance from being washed. During these site visits, only a few birds were observed at 20 Glen, no birds were observed at the complainants property(12 Glen Rd.) Please note#70112 for all details regarding complaints. AUGUST 23,2019,9:50 AM - Health Inspector Marybeth McKenzie, R.S. and Thomas McKean went to 20 Glen Rd and spoke with Mr.Joia Reis.The yard appeared to be free of peanut shells and bird seed; Mr. Reis stated the landscapers come twice a week. There was some spillage of bird feed/seeds on the ground beneath the bird feeding platforms however. Multiple rat holes/tunnels were observed, but no rats were seen at this time. Mr. Reis stated he will hire the exterminator to come back next week and we asked for an update from them regarding the exterminations and preventative measures. Mr. Reis was open to any suggestions and said he would contact us. He was advised to contact the exterminator and to request an Integrated Pest Management IPM Plan. On August 23, 2019, a certified order letter was mailed to Mr. Reis was mailed requiring Integrated Pest Management (IPM) action within 10 days of receiving the certified letter. It is our hope that we can close out the complaint, after the IPM actions are taken. August 27,2019,9:26 am- Mr. Reis called the Mr. McKean at the Health Division to inform him that he hired a new extermination company, Al Extermination Company.The workers will be onsite tomorrow morning on August 28, 2019. September 13, 2019 Health Inspector Marybeth McKenzie, R.S.went by the property on 9/13/19 and spoke with Joia Reis. A and M Pest Management has been to the property and has installed more bait boxes. All the overgrowth, by the 2 • trailers and ladders, has been removed. Mr. Reece stated that he has stopped using the feeding plate forms. Ms. McKenzie did not observe as many holes around the shed. A& M Pest Management Company will be coming once a month throughout the year. I would like to close this complaint at this time. Conclusion: Despite numerous complaints received from the occupant at 12 Glen Road Hyannis. There weren't significant amounts of bird droppings (bird excrement) observed at 12 Glen during multiple site visits conducted at different times of the days, as noted in the timeline report above. The only bird droppings observed at 12 Glen Road were located on the rear bulkhead. However, of concern were the presence of multiple rats at 20 Glen Road Hyannis. Multiple actions were taken against the violator,Joia Reis, at 20 Glen Road including orders to cease and desist feeding birds on the ground, orders to hire and re-hire a licensed exterminator, and the issuance of three (3) non- criminal ticket citations due to violations of Section 353-1 of the Town of Barnstable Code and of Massachusetts General Law, Chapter 111, Section 122. As of the date of this report,this complaint is closed. From: McKenzie, Marybeth Sent: Friday, August 23, 2019 2:00 PM To: McKean,Thomas Subject: Narrative for 20 Glen Rd, Hyannis Tom, I didn't know if you want to read this before you send it to Brian and Robin. Hope it is concise. Here is a narrative of the ongoing investigation regarding 20 Glen Rd, Hyannis and 12 Glen Rd, Hyannis: The first complaint was on 1/28/19 and was requested by Charlie Lewis Animal Control Officer because he received a complaint that 20 Glen Rd was over feeding the birds and causing a nuisance to a neighbor. I went out to the property on 1/29/19 and Mr. Reece proceeded to tell me how he kicked Charlie Lewis off the property and said that he wasn't yelling at me but the "rotten neighbor". It was not a good situation, but after calming him down I was invited to walk the property with him.There was a lot of feed and peanut shells on the ground.At this time he was instructed to pick up all the feed and shells from the ground because it can bring pests. I could not see any bird excrement on any of the neighbor's property at that time. Mr. Reece had a lot of it on his roof. He hired a landscaper and had the yard cleaned on 1/30/19 which I verified on 1/31/19. Please see #59899 in complaint data base for all the details. The second series of complaints started on 3/5/19 regarding her neighbor feeding the birds and this was causing large amounts of bird droppings all over her property. 20 Glen Rd, was visited by both Tom McKean and/or myself numerous times starting with a visit to 20 Glen Rd on 3/6/19. Large amounts of feed and nutshells were noted in the driveway and grass. Mr. Reece was given a cease and desist regarding feeding the birds in this manner and causing a nuisance. Mr. Reece kept feeding the birds in this manner until TM issued a 100 dollar non-criminal ticket on 4/26/19 due to viewing rats on the property and Mr. Reece still feeding the birds on the ground. TM went to the property again on 5/13 .Two large bird feeding plat forms with a small edge were now located in the back yard. Numerous rats were seen by TM at this time and he requested him to stop feeding the birds until he hires an exterminator for the rats.Another ticket was issued at this time by TM. An exterminator was hired for 20 Glen Rd. Please see#59937 in complaint data base for all details. The third series of complaints started on 7/10/19. Another ticket was issued because he was still feeding the birds on the ground as ordered not to by TM. All tickets issued were paid. 3 f took photos during these numerous visits. No evidence of large (or small) amounts of bird waste was noted at any time on the neighbor's property. I spoke to one neighbor, on the other side of 20 Glen, and she said that she did not find a problem with any bird waste or have pests from her neighbors yard. No waste was noted on 12 Glen either during these visits. Only once did I note a few droppings noted on the back yard bulkhead. Ms.Johnson, 12 Glen Rd., kept saying that she washed everything off. I would go to view her yard at different times during the day and not find any droppings. I even scheduled an appointment to view her car on 8/23/19 and no droppings were noted on either her car, house roof, driveway,walkway, or lawn furniture. She said that she washed everything the day before in the afternoon after I scheduled a visit to observe all the droppings on her property.There wasn't any evidence on any of my visits that I noted anything being wet or recently washed. I was also at her property on 8/22/19 at 8:00 AM,the day before the scheduled visit. On visits, a few birds were noted at 20 Glen, but not at 12 Glen Rd. Please note#70112 for all details regarding complaints. Tm and myself went to 20 Glen Rd on 8/23/19 at 10 AM and spoke with Mr. Reece.The yard was clean and he said that the landscapers come twice a week. No feed was on the ground except for some spillage by the feeding platforms. Mr. Reece was having the exterminators back next week and we asked for an update from them regarding the IPM plan. Multiple pest hole/tunnels were noted, but no rats seen at this time. He was open to suggestions and said he would contact us. I sent a certified letter regarding this to Mr. Reece that we would have to have it within 10 days,of receiving the certified letter, to close out the complaint. Marybeth McKenzie R. S. Health Inspector Town of Barnstable (508) 862-4644 r A , E 4 r - Town of Barnstable • "� Inspectional Services BAMSPABM = Public Health Division 39. .0� Thomas McKean, Director CFO a 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Certified Mail # 7019 1640 0002 2500 4964 April 30, 2020 Joia Reis 20 Glen Drive Hyannis Port, MA 02647 NOTICE TO ABATE VIOLATIONS OF TOWN OF BARNSTABLE BOARD OF HEALTH REGULATIONS, NUISANCE CONTROL REGULATION NO. 1 The property occupied by you located at 20 Glen Road, Hyannis, Ma was visited on April 22, 2020 by Marybeth McKenzie, R.S., Health Inspector for the Town of Barnstable. This inspection was conducted in response to complaints filed with the Public Health Division. The following violations of the Town of Barnstable Board of Health Regulations, Chapter 353 Nuisances were observed: § 353-1 Responsibilities of owners and occupants. The Occupant of any building used for business or habitation shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish, other filth or causes of sickness in that part of the building and outside area which he occupies or controls. The owner of any building, vacant or otherwise, or parcel of land shall be responsible for maintain such a building or land in a clean and sanitary condition, free from garbage, rubbish, or other refuse. Feeding the birds and squirrels by placing food, corn bread, and dried fruit, directly on the driveway. You are directed to Cease and Desist feeding the birds and squirrels in this manner and to. correct the violation within seven (7) days of receipt of this order letter by removing the garbage from the ground. You may request a hearing before the Board of Health if written petition requesting this is received within ten (10) days after the date the order is served. However, these violations must be corrected within twenty four hours regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of $100.00. Each day's failure to comply with an order shall constitute a separate violation. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean, R.S. Director of Public Health Q drive,order letters,cease and desist,20 Glen Rd.Hyannis Town of Barnstable o� T Inspectional Services �% C�►' f� • gARNAPABIE Public Health Division Z 639 Thomas McKean, Director boo �rED 200 Main Street, Hyannis MA 02601 Fax:508-790-6304 Office:508-862-4644 August 23, 2019 Joia Reece 20 Glen Road Hyannis, MA 026.01 Dear Mr. Reece, f Public Health Per;our conversation, on August 23, 2019, with Thomas McKean, Director of discussed and Marybeth McKenzie R.S., Health Inspector for the Town of Barnstable, how we would like to close the investigation. In order o close the Integrated Pest Managements complaint please an update, from the pest management company, regarding (IPM) plan that will be in place on your property. Please include the following in the IPM plan: bait box locations and t°reduce the harborage age en they will be checked, removal of the overgrowth on the left side of the property area for pests, filling in the existing holes so that the infestation areas can be monitored, and maintaining a, clean yard free of bird seed and nuts. Please submit documentation of compliance within 10 days of receipt of this letter. Regards, Thomas McKean, R.S. Director of Public Health Town of Barnstable Marybeth McKenzie R..S. Health Inspector Town of Barnstable QAOrder Ietters\20 Glen Rd,august 23,2019 IPM letter.doc a PROF 1HE Tp�� Town of Barnstable o„ Inspectional Services BARNSrABM : Public Health Division '� 039 Thomas McKean, Director RFD MPS 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Certified Mail Number: 7015 1730 0001 4987 7794 May 15, 2019 Mr. Joia Reece 20:Glen Drive Hyannis Port, MA 12647 SECOND ORDER TO ABATE VIOLATIONS OF TOWN OF BARNSTABLE BOARD OF HEALTH REGULATIONS, NUISANCE CONTROL REGULATION NO. 1 and Massachusetts General Law Chapter 111, Section 122 This is the second order letter issued to you regarding your failure to cease and desist feeding birds and animals on the ground, creating a nuisance to the neighbors. The first notice was mailed to you by certified mail on April 6, 2019. The property occupied by you located at 20 Glen Road, Hyannis, Ma was visited on April 26, 200 and May 13, 2019 by Thomas McKean, Director of Public Health for the Town of Barnstable. It was also visited on January 16, 2019 and March 6, 2019 by Marybeth McKenzie, R.S., Health Inspector for the Town of Barnstable. These inspections were conducted in response to complaints filed with the Public Health Division. MA General Law Chapter 111, Section 122 reads as follows: `the board of health shall examine into all nuisances, sources of filth and causes of sickness within its town, or on board of vessels within the harbor of such town, which may, in its opinion, be injurious to the public health, shall destroy, remove or prevent the same as the case may require, and shall make regulations for the public health and safety relative thereto and to articles capable of containing or conveying infection or contagion or of creating sickness brought into or conveyed from the town or into or from any vessel. Whoever violates any such regulation shall forfeit not more than one thousand dollars.' The following violations of the Town of Barnstable Board of Health Regulations, Chapter 353 Nuisances were observed: $ 3:53-1 Responsibilities of owners and occupants. Many rats were observed in the rear yard on May 13, 2019 in close proximity to the two (2) large home made bird feeder platforms. Although these home made shelves (approx. four feet long by five inches wide, open without tops) were intended to be used for feeding wild birds, multiple bird seeds were observed on the ground below the shelves, attracting rats and other rodents. Multiple rats were observed by Thomas McKean, Director of Public Health, on May 13, 2019. Several rat holes were also observed in close proximity to the two home made bird feeders. Also large numbers of birds, including pigeons and seagulls, were observed flying into and out of this property due to the large amounts of bird seeds, peanuts (with the shells), and walnuts scattered over the lawn and driveway area near the side door of the house. These feeding activities bring multiple numbers of wild birds, including pigeons and seagulls, into this yard and over the neighboring yard. The complaints we received to date were regarding birds defecating on.the neighbor's lawn furniture, vehicle, and other items in at the neighbor's property. Q:Order Letters/20 Glen Road Reece May 14 2019 Second Order Letter.docx You are ordered to cease and desist feedinIZ wild birds and other animals in this manner at your property, immediately. You are also ordered to hire a licensed exterminator to exterminate the rats at your property. A licensed exterminator must be hired within forty-eight (48) hours. In:addition, all bird seeds peanuts, walnuts, and other foods and waste food products must be.removed from the ground within twenty-four (24) hours of your receipt of this notice. You may request a hearing before the Board of Health if written petition requesting this is received within ten (10) days after the date the order is served. However, these violations must be corrected within twenty four hours regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of $100.00. Each day's failure to comply with an order shall constitute a separate violation. Non-criminal ticket citations were issued to you on April 20, 2019 and May 13, 2019 due to your failure to cease and desist feeding birds and animals as ordered, creating a nuisance to your neighbor(s). PER ORDER OF THE BOARD OF HEALTH A. McKean, R. . Director of Public Health Q:Order Letters/20 Glen Road Reece May 14 2019 Second Order Letter.docx NAME OF OFFENDER...• ? BAR {// +i) L, A e e ry ••;) 9 A. 666�� TOWN OF ADDRESS OFOFFENO _ BARNSTABLE CITY,STATE ZIP CODE 1HE rpdr MV/MB REGISTRATION NUMBER OFFENSE,,, ,,, nnnszrnm.r:. •a ",._,..,y, �.�•:,�.+7� ..�� rti�• ✓f' n ..1 .Z.e!�I�'1 1 "Y I LLj pl°:n�.�i N_)(^ (.t'T G!'Ff..'.: O �rED MPy e. If Lu 1 /-.. - !-.E' f .'y ,lv, r I f.'1' is.lb^GI1 TIME AND DATE OF VIOLATION - CATION OF VIOLATION 20ON 0. L JP0fICE OF .M.) w SIGN�ITURE:OF�NFORCING PERSON ,. ENFORCING,OEPT. BADGE NO. N VIOLATION _:.,f �F'r"' ➢fs.;�' -' r 1.. ..,,; ) :;, o OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X a a ORDINANCE []]+Unable to obtain Sit nature,of offender. THE NONCRIMINAL FINE FOR THIS OFFENSE IS $ °}i�, �� Dale mailed 4, ` O w OR YOU HAVE THE FOLLOWIN ALTE NATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. w N REGULATION (1)You may elect to pay the above fine,either by appearing In person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, w before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, a Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. (2Wou desire to contest this matter In a noncriminal proceeding yyou may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST BSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630.Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fall to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be Issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature MARCH 27, 2019 JOE OLIVEIRA 20 GLEN RD HYANNIS, MA 02601, TOWN OF BARNSTABLE Inspectional Services PUBLIC HEALTH DIVISION Thomas McKean, Director 200 Main St Hyannis MA 02601 Re; Letter dated 3/6/2019 t Dear Mr.Thomas A.McKean I have received your letter dated 3/6/2019 stating: "YOU ARE DIRECTED TO CEASEAND DESIST FEEDING THE BIRDS IN THIS MANNER AND TO CORRECT THE VIOLATION WITHIN(7)DAYS OF THIS LETTER BY REMOVING THE GARBAGE FROM THEGROUND." And that"large amounts of birds are flying into the yard at 20 Glen Rd because peanuts(with the shells),.walnuts, and bird seeds is scattered over the lawn and driveway area near the side door of the house".And "that action brings a large amount of birds into the yard and these birds are also flying over and around the neighbor's yard.""The Complaints we received are regarding the birds defecating on the neighbor's and their property." I would like to inform the Director that I have lived here at the location cited near 20 years and I have always lived in good terms with my neighbors. The complaints you received are from an UNREASONABLE AND TERRIBLE HUMAN BEING that have just moved in (couple of months)and hates to see the birds flying around her house.As your subordinate employees have observed IN.PERSON there is no damage to her property whatsoever and that she is not being truthful about birds defecting on her head. That was the only way she could get your attention. I have already taken the proper steps to place the seeds in an elevated platform where I can place the seeds for the starving birds.THEREFORE,THERE IS NO BIRD SEEDS, PEANUTS OR WALNUT being thr'An on the ground. FURTHERMORE, THERE IS NO GARBAGE FROM THE GROUND TO BE REMOVED. There were some peanut shells that I constantly have my landscaper once a week to do that job. MOREOVER, my property is as clean as any other home in the neighborhood. This i. a situation in which this municipal agency hears a complaint of an unreasonable person and takes it fo g anted. Any fine to be imposed on me for this absurd complaint must be corroborated by the eviden a nd it will be disputed in court, should it be necessary. Respectful ubmitted,- JOE OLIV Town of Barnstable Inspectional Services BARNSrABLL Public Health Division 039. .0� Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 March 6, 2019 Joia Reece 20 Glen Drive Hyannis Port, MA 12647 NOTICE TO ABATE VIOLATIONS OF TOWN OF BARNSTABLE BOARD OF HEALTH REGULATIONS,NUISANCE CONTROL REGULATION NO. 1 The property occupied by you located at 20 Glen Road, Hyannis, Ma was visited on January 16, -- 2019 and March 6, 2019 by Marybeth McKenzie, R.S., Health Inspector for the Town of Barnstable. This inspection was conducted in response to complaints filed with the Public Health Division. The following violations of the Town of Barnstable Board of Health Regulations, Chapter 353 Nuisances were observed: $ 353-1 Responsibilities of owners and occupants. The Occupant of any building used for business or habitation shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish, other filth or causes of sickness in that part of the building and outside area which he-occupies or controls. The owner of any building,.vacant or otherwise, or parcel of land shall be responsible for maintain such a building or land in a clean and sanitary condition, free from garbage, rubbish, or other refuse. Large amounts of birds are flying into the yard at 20 Glen Road because peanuts (with the shells), walnuts, and bird seed is scattered over the lawn and driveway area near the side door of the house. This action brings a large amount of birds into the yard and these birds are also flying over and around the neighbor's yard. The complaints we received are regarding the birds defecating on the neighbor's and their property. You are directed to Cease and Desist feeding the birds in this manner and to correct the violation within seven (7) days of receipt of this order letter by removing the garbage from the ground.- You may request a hearing before the Board of Health if written petition requesting this is received within ten (10) days after the date the order is served. However, these violations must be corrected within twenty four hours regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of $100.00. Each day's failure to comply with an order shall constitute a separate violation. .PER ORDER OF THE BOARD OF HEALTH cKean, R.S. Director of Public Health Q drive,order letters,cease and desist,20 Glen Rd.Hyannis '? n of Barnstable Inspectional Services - aMSTABM = Public Health Division MAM 639. Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 March 6, 2019 Joia Reece 20 Glen Drive Hyannis Port, MA 12647 NOTICE TO ABATE VIOLATIONS OF TOWN OF BARNSTABLE BOARD OF HEALTH REGULATIONS, NUISANCE CONTROL REGULATION NO. 1 The property occupied by you located at 20 Glen Road, Hyannis, Ma was visited on January 16, 2019 and March 6, 2019 by Marybeth McKenzie, R.S., Health Inspector for the Town of Barnstable. This inspection was conducted in response to complaints filed with the Public Health Division. The following violations of the Town of Barnstable Board of Health Regulations, Chapter 353 Nuisances were observed: 353-1 Responsibilities of owners and occupants. The Occupant of any building used for business or habitation shall be responsible for maintaining in a clean and sanitary condition and free of garbage, rubbish, other filth or causes of sickness in that part of the building and outside area which he occupies or controls. The owner of any building, vacant or otherwise, or parcel of land shall be responsible for maintain such a building or land in a clean and sanitary condition, free from garbage, rubbish, or other refuse. Large amounts of birds are flying into the yard at 20 Glen Road because peanuts (with the shells), walnuts, and bird seed is scattered over the lawn and driveway area near the side door of the house. This action brings a large amount of birds into the yard and these birds are also flying over and around the neighbor's yard. The complaints we received are regarding the birds defecating on the neighbor's and their property. You are directed to Cease and Desist feeding the birds in this manner and to correct the violation within seven (7) days of receipt of this order letter by removing the garbage from the ground. You may request a hearing before the Board of Health if written petition requesting this is received within ten (10) days after the date the order is served. However, these violations must be corrected within twenty four hours regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of $100.00. Each day's failure to comply with an order shall constitute a separate violation. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean, R.S. Director of Public Health Q drive,order letters,cease and desist,20 Glen Rd.Hyannis '-Town of Barnstable Inspectional Services y MUMSMLL Public Health Division KASS 943 >639. .0� Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 3 I $ I l Office: 508-862-4644 Fax: 508-790-6304 March 6, 2019 Joia Reece 20 Glen Drive Hyannis Port, MA 12647 NOTICE TO ABATE VIOLATIONS OF TOWN OF BARNSTABLE BOARD OF HEALTH REGULATIONS. NUISANCE CONTROL REGULATION NO. 1 The property occupied by you located at 20 Glen Road, Hyannis, Ma was visited on January 16, 2019 and March 6, 2019 by Marybeth McKenzie, R.S., Health Inspector for the Town of Barnstable. This inspection was conducted in response to complaints filed with the Public Health Division. The following violations of the Town of Barnstable Board of Health Regulations, Chapter 353 . Nuisances were observed: 4 353-1 Responsibilities of owners and occupants. The Occupant of any building used for business or habitation shall be responsible for maintaining in a clean and sanitary condition and free of garbage,rubbish, other filth or causes of sickness in that part of the building and outside area which he-occupies or controls. The owner of any building, vacant or otherwise, or parcel of land shall be responsible for maintain such a building or land in a clean and sanitary condition, free from garbage, rubbish, or other refuse. Large amounts of birds are flying into the yard at 20 Glen Road because peanuts (with the shells), walnuts, and bird seed is scattered over the lawn and driveway area near the side door of the house. This action brings a large amount of birds into the yard and these birds are also flying over and around the neighbor's yard. The .complaints we received. are regarding the birds. defecating on the neighbor's and their property. You are directed to Cease and Desist feeding the birds in this manner and to correct the violation within seven (7) days of receipt of this order letter by removing the garbage from the ground. You may request a hearing before the Board of Health if written petition requesting this is received within ten (10) days after the date the order is served. However, these violations must be corrected within twenty four hours regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of $100.00.. Each day's failure to comply with an order shall constitute a separate violation. PER ORDER OF THE BOARD OF HEALTH — -- cKean, R.S. Director of Public Health Q drive,order letters,cease and desist,20 Glen Rd.Hyannis F TO: TOWN OF BARNSTABLE Inspectional Services PUBLIC HEALTH DIVISION Thomas McKean, Director 200 Main St Hyannis MA 02601 Re; Letter dated 5/15/2019 Dear Mr.Thomas A.McKean I received your letter along with another$100 fine stating that "THIS IS THE SECOND ORDER LETTER ISSUED TO YOU REGARDING YOUR FAILURE TO CEASE AND DESIST FEEDING BIRDS AND ANIMALS ON THE GROUND, CREATING A NUISANCE TO THE NEIGHBORS." Your office is claiming that I am creating"nuisance to the Neighbors"which is UNTRUE. Like a said before,there is ONLY one person who must have a problematic life and makes unreasonable complaint. The A&M PEST CONTROL(card attached)will be here today for extermination of rats. I am doing it, NOT BECAUSE YOUR OFFICE IS"ORDERING' BUT BECAUSE IT IS NECESSARY,AS I HAVE DONE IN THE PAST. Am ceasing feeding the birds also because summer is approaching and the birds can eat off the trees. The evidence gathered by your own words and fines is that I am being harassed and fined without a good cause. My place is clean and there is no issue with of health hazards. The issue whether I am in violation of city ordinance and/or causing nuisances, injuries to public health or creating sickness to anyone as stated by you will be forwarded to an attorney at the time of my choosing. There will be substantial legal fees in dispute. espectfully Submitted, 5/17/2019 Th r sident of 20 en Rd Hyan is MA 02601 r i i4(-,,A& M I PEST C-Y�:�.� T'RCL i 572 Main Street(Rte. 28) • West Yarmouth, MA 02673 i t Toll Free: 855-Bugs123 (284-7123) Wwww.aandmpest.com ° +�` 3 Name o SaA Address eo v, t N � � .�' ' CityCO .. o Phone � _ ` �` t Email N 1. ❑ Pantry Pests ARats ❑ Crickets - y❑ Earwigs -- t, ❑ Ants g ❑ Mice w ° ❑ Silverfish ❑ Yellow jackets .0 Termites ❑ Ticks ❑ Hornets ❑ Other -�v ❑ Inside `�,'House - o N ❑ Outside ❑^House'& Garage. ON o WOutside Only ❑ Other 3 w / Material % 'k Amt. Methods �• i r i Comments i it P # n� Service Date � f �{ Time Arrive � � Time Left ' N\ , ; Service Tech Customer's Si riatre C� Jam' z ly ^ place TO OFFENDER: stamp Failure to obey this notice within 29 days Here after the date of violation may result in a past ottice criminal complaint being issued. t)o ®T will not deliver MAIL CASH. without stamp IM MAIL TO: BAR NS°TABLE CLERK C P.O. BOX 2430 HYANNIS9 MA 02601-2430 is c i t 7848 NAME OF OFFENDER, ,+�� _ RAR '- TOWN OF ADDRESS OF OFFEND * - CITY,STATE-, CODE BARNSTABLE -1 �,,: Y �; �.i'i ! ;�� ; A RISE r, MV/MB REGISTRATION NUMBER , .� OFFE��N..rrS••�E,,...,. ,J �... }_ ;t f`, p� Lu IIAN\rl Ael.k. ' -,hn.,. .4d d `Q .�• -r{/�,n �t•::A�h {.,,'J fi�r I<-, f� ♦ _ :-1 4r NA55. Og '[ 1 f 14 + ..•, `t0y9• ♦ W , °�FDnM+� 2 a r�tS(P 3f _ ) f�r�� . : } �•�i.Or ,y og�1 a J/'i ({ , i /z k J > TIME AND DATE OF VIOLATION LOCATION OF VIOLATI04-r./ 7 1y,,: r -va•.� fi,Y.;i:.<3t/, W �, '-+rj"` •. NOTICE OF j`' A0./ P.M. ON ��1.d; j'.,20`:` =Y'r,r• t I%• •5 FORCIN6�DEPT EN . I BADGE NO. � i :,) SIGNAT 11E;O,F..ENFORCING PERSON =, VIOLATION ::. • OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X Q ORDINANCE 0 Unable to obtain si nature.of offender. =1S 9, THE NONCRIMINAL FINE FOR THIS OFFENSE W Date mailed s+ P UJI OR YOU HAVE THE FOLLOWItJG ALTE4NATIVES WITH REGARD TO DISPOSITION of THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL w ; DISPOSITION WITH NO RESULTING CRIMINAL RECORD. Q' _ REGULATION (1)You may elect to pay the above fine,either by appearing In person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays exceppted, before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, d m Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. t RR If you desire to contest this matter in a noncriminal proceeding,yyou mayy do so by making written request to DISTRICT-COURT DEPARTMENT,FIRST z ��RNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,Bou NEILE,MA 02630,Attn:2/D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be Issued against you. L ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ ;S Signature Town of Barnstable IKE o Inspectional Services BARNSfABM Public Health Division 9`b 1639. .0� Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Certified Mail Number: 7015 1730 0001 4987 7794 May 15, 2019 Mr. Joia Reece 20:Glen Drive Hyannis Port, MA 12647 SECOND ORDER TO ABATE VIOLATIONS OF TOWN OF BARNSTABLE BOARD OF HEALTH REGULATIONS, NUISANCE CONTROL REGULATION NO. 1 and Massachusetts General Law Chapter 111, Section 122 This is the second order letter issued to you regarding your failure to cease and desist feeding birds and animals on the ground, creating a nuisance to the neighbors. The first notice was mailed to you by certified mail on April 6, 2019. The property occupied by you located at 20 Glen Road, Hyannis, Ma was visited on April 26, 2019 and May 13, 2019 by Thomas McKean, Director of Public Health for the Town of Barnstable. It was also visited on January 16, 2019 and.March 6, 2019 by Marybeth McKenzie, R.S., Health Inspector for the Town of Barnstable. These inspections were conducted in response to complaints filed with the Public Health Division. MA General Law Chapter 111, Section 122 reads as follows: `the board of health shall examine into all nuisances, sources of filth and causes of sickness within its town, or on board of vessels within the harbor of such town, which may, in its opinion, be injurious to the public health, shall destroy, remove or prevent the same as the case may require, and shall make regulations for the public health and safety relative thereto and to articles capable of containing or conveying infection or contagion or of creating sickness brought into or conveyed from the town or into or from any vessel. Whoever violates any such regulation shall forfeit not more than one thousand dollars.' The following violations of the Town of Barnstable Board of Health Regulations, Chapter 353 Nuisances were observed: & 3.53-1 Responsibilities of owners and occupants. Many rats were observed in the rear yard'on May 13, 2019 in close proximity to the two (2) large home made bird feeder platforms. Although these home made shelves (approx. four feet long by five inches wide, open without tops) were intended to be used for feeding wild birds, multiple bird seeds were observed on the ground below the shelves, attracting rats and other rodents. Multiple rats were observed by Thomas McKean, Director of Public Health, on May 13, 2019. Several rat holes were also observed in close proximity to the two home made bird feeders. Also large numbers of birds, including pigeons and seagulls, were observed flying into and out of this property due'to the large amounts of bird seeds, peanuts (with the shells), and walnuts scattered over the' lawn and driveway area near the side door of the house. These feeding activities bring multiple numbers of wild birds, including pigeons and seagulls, into this yard and over the neighboring yard. The complaints we received to date were regarding birds defecating onthe neighbor's lawn furniture, vehicle, and other items in at the neighbor's property. Q:Order Letters/20 Glen Road Reece May 14 2019 Second Order Letter.docx You are ordered to cease and desist feeding wild birds and other animals in this manner at your property, immediately. You are also ordered to hire a licensed exterminator to exterminate the rats at your property. A licensed exterminator must be hired within forty-eight (48) hours. In addition, all bird seeds peanuts, walnuts, and other foods and waste food products must be:removed from the ground within twenty-four (24) hours of your receipt of this notice. You may request a hearing before the Board of Health if written petition requesting this is received within ten (10) days after the date the order is served. However, these violations must be corrected within twenty four hours regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of $100.00. Each day's. failure to comply with an order shall constitute a separate violation. Non-criminal.ticket citations were issued to you on April 20, 2019 and May 13, 2019 due to your failure to cease and desist feeding birds and animals as ordered, creating a nuisance to your neighbor(s). PER ORDER OF THE BOARD OF HEALTH A. McKean, R. . Director of Public Health Q:Order Letters/20 Glen Road Reece May 14 2019 Second Order Letter.docx NAME OF OF�� TOWN OF ADDRESS OF OFFENDER— LLJ IAA CATION OF VIOLATION ' NOTICE OF P.M.)ON 61 20 jcf tn VIOLATION CD LU Unable to obtain signature,of offender. ORDINANCE 19""' THE NONCRIMINAL FINE FOR THIS OFFENSE IS S Date mailed cy OR YOU HAVE THE FOLLOWINt ALTMNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTIONP)WILL OPERATE AS A FINAL CL LLJ DISPOSITION WITH NO RESULTING CRIMINAL RECORD. U) REGULATION (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monde through Friday,legal holidays excepted, ;is before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check.money order or postarnote to Barnstable Clerk,P.O.Box 2430, —j Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. VIf you desire to contest this matter in a noncriminal proceedin ,Xou ma�do so by making written request to DISTRICT COURT DEPARTMENT.FIRST UNSTABLE DIVISION,COURT COMPOUND,MAIN STREEF., ARNS ABLE,MA 02630,Attn:21 D Noncriminal Hearings and enclose a copy of this citation for.hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or it you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. -- ._HEREBY_—ELECT'the—first option above,_—_—'the offense charged.and enclose—payment—�the amount— � Signature � � � | ' � � ' , . , — ' � , — , . ` �� r ' t TO:TOWN OF BARNSTABLE Inspectional Services PUBLIC HEALTH DIVISION Thomas McKean, Director 200 Main Street Hyannis MA 02601 -- Date: April 26, 2019 Dear Sir: PLEASE FIND ATTACHED EVIDENCE OF PAYMENT OF$100.00 FINE IMPOSED ON ME FOR NO PLAUSIBLE REASON. THERE'S NO HEALTH HAZARD ISSUE WITH MY RESIDENCE. I MAINTAIN MY YARD NICE AND CLEAN AND THIS OFFICE TOOK A COMPLAINT FROM AN UNREASONBLE NEIGHBOR THAT JUST MOVED IN THAT. HATES LIFE AND NATURE. I AM NOT CHANGING MY BEHAVIOR BECAUSE THERE IS NOTHING WRONG. I WAS PREVIOUSLY INSTRUCTED TO HAVE AN ELEVATED DEVICE TO PLACE THE BIRD SEEDS IN MY BACK YARD WHICH I DID. THE NEIGHBOR WILL BE COMPLAINING AND THIS AGENCY WILL BE ISSUING FINES. I AM PAYING THE FINES BUT I WILL FORWARD THEM TO AN ATTORNEY TO DOCUMENT AND LITIGATE THIS ISSUE. THRE WILL BE LEGAL FEES AND THE COURT WILL DECIDE WHETHER OR NOT A VIOLATION HAS OCURRED. RESPECTFULLY 20 GLEN RD HYANNIS MA 02601 RESIDENT r i 'TOWN OF ADDRESSO 0 ENDER ,, e)) t r BARNSTABLE CITY,STAGE.ZIP,CODE — y �1HE►p,r MVIMB REGISTRATION NUMBER J• -��& OFFENSE 1� E '� f1A55 �. •.,y`.1,''�(_ � �%�..3 �^ �rT;!/��7s9. `�+.,..67 LkiLLJ ' � t ✓'• .,.�' �'i I..,t�Fii'- '"II"<J 4.ai c�i 11 7_t � i1'r3 �...�y;�i:l - ><•l 4� •1C� 3•..Ln E`( f'§2"�iW>4"'f�, C57J ;te• TIME AND DATE OF VIOLATION LOCQ, OF VIOLATION f E%v +.:.R N!.0 1, • i/. 1 Z. I NOTICE OF ". yl �,? (A.M.1;NfJ' ON 'l CI (9 ,20�,3 :.� s� i i :1% t �� t,. -J E _ SIGNATURE OF ENF.OB ING PERSON_ ENFORCING PEP. "' BADGE NO. W r f i I VIOLATION OF TOWN i qEAEBY ACKNOWLEDGE RECEIPT OF CITATION X a i r ORDINANCE Unable to obtain signature Of offender. Date mailed / •� r,. THE NONCRIMINAL FINE FOR THIS OFFENSE IS 3 W OR LLJ YOU HAVE THE FOLLONIIN(i ALTER ATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a DISPOSITION WITH NO RESULTING CRIMINAL RECORD. IL T REGULATION a I Y' - (1)You may elect to pay the above tine,either by appearing In person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, y,, . before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or postal note to Barnstable Clerk,P.O.Box 2430, —j ; Hyannis,MA 02601,WITHIN TWENTY-ONE(21}DAYS OF THE DATE OF THIS NOTICE. d• 5 F (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written reqquest to DISTRICT COURT DEPARTMENT,FIRST i t BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630.Attn:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. 5 (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine deterrhined at the _ hearing to be due,criminal complaint may be issued against you.' ❑ I HEREBY ELECT the first option above,confess;to the offense-charged,and enclose payment in the amount of$ Signature ` s S ' 1 •1 , i NAME OF OFFEER —` TOWN OF ADDRESS OENDERff�,,,.,} ) 1 �_, -]BAR 78401 MRNSTABLE CITY,STATE,ZIP CODE " gg dF � tNE r�ti MV/MB REGISTRATION NUMBER OFFENSE _ RAN\St'ARIk:. aY"'•' • �� ( '•'•jOr•� j�'` ' IA53. ri.. 8' - `',.L: L. t d. �-:"d .-.'� 1, j 7 1 9✓Y+J�t S��;:1•'�:`��:a Y . f• I� _ r'4 <_..?z*nt* "F ;? �. _ E" �+ ;.� tl S i'lilryq:{�. `� ,/.5c TIME AND DATE OF VIOLATION LOCj�ON OF VIOLATION ,(•{�.V t NOTICE OF . ;'.C—) G (A.M.<P.M-)ON 1 '`f, � 20 SIGNATUREAR EN. ING PERSON ENFORCING DEP. "�� BADGE NO. VIOLATION . _ OF TOWN f AEBY ACKNOWLEDGE RECEIPT OF CITATION X ORDINANCE Unable to obtain signature df offender_ THE NONCRIMINAL FINE FOR THIS t �"� s•J %� ,I :a S OFFENSE IS 3 Date mailed f + =`:; j' 41 i� r OR YOU HAVE THE FOLLON(INA ALTER ATIVES WITH REGARD TO DISPOSITION OF THIS M N(1)-OR OPTION(2)WILL OPERATE AS A FINAL DISPOSITION WITH NO RESULTING CRIMINAL RECORD. 1 REGULATION (1)You may elect to pay the above fine,either by appearing in person be :30 A. an .,Monday through Friday,legal holidays excepted, Hyannis,MA 0260ab1W WITHIN TWENTY-ONE(21)DAYS OFATHE D o I NOTICE.money.order orpostal note to Barnstable Clerk,P.O.Box 2430, i A If you desire to contest this matter in a noncriminal proceeding,'you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST '1 BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET, ARNSYABLE,MA 02630,Attn:21 D Noncriminal Hearings and enclose a copy of this citation for a hearing. i. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or to pay any fine determined at the I:.. hearing to be due,criminal complaint may be issued against you. ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature .------.---•---'--------' - -- _._ _--_�_--._---- i COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION RECEIVED JUN 2 8 2001 TOWN OF BARNSTABLE TITLE .5 HEALTH DEPT. OFFICIAL INSPECTION:FORM-NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM FORM PART•A CERTIFICATION Property Address: 02 . "d Owner's Name: Owner's Address: CIA IAY-,-3w 14 O Date of Inspection: Name of Inspector: (plea a print) J. Company Name: 'Mailing Address: •0. USi Telephone Number: � O�r 77/• 9 3�� CERTIFICATION STATEMENT I certify that I have personally inspected the sewage disposal system at this address and that the information r$ported below is true, accurate and complete as of the time of the inspection.The inspection was performed based on my training and experience in the proper function and maintenance of on site sewage disposal systems. I am a DEP approved system inspector pursuant to Section 15.340 of Title 5(310 CMR 15.000). The system: Passes Conditionally Passes s Further Evaluation by the Local Approving Authority .ails Inspector's Signature: Date: A 61 The system inspector shall submit a copy of this inspection report to the.Approving Authority(Board of Health or DEP)within 30 days of completing this inspection.If the system is a shared system or has a design flow of 10,000 gpd or greater,the inspector and the system owner shall submit the report to the appropriate regional office of the DEP.The original should be sent to the system owner and copies sent to the buyer, if applicable,and the approving authority. Notes and Comments ****This report only describes conditions at the time of inspection and under the conditions of use at-that time.This inspection does not address how the system will perform in the future under the same or different conditions of use. Title 5 Inspection Form 6/15/2000 page 1 r I ,S Page 2 of 11 OFFICIAL INSPECTION FORM-NOT FOR.VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION (continued) Property Addressoo L'd� Owner: Date of Inspection:. Inspection.Summary:.,Check.A,B,C,D or'E/ALWAYS complete all of Section D. A. System Passes: I have not found an y information which indicates that any of the failure criteria described in 310 CMR 15303 or in 310 CMR 15.304 exist.Any.failure criteria not evaluated are indicated below. Comments: B. System Conditionally Passes:. One or more system components as described in the"Conditional Pass"section need to be replaced or repaired.The system,upon completion of the replacement or repair,as approved by the' Board of Health,will pass. Answer yes,no or not determined(Y,N,ND) in the for the following statements. If"not determined"please explain. The-septic tank is metal and over 20 years.old*.or-the septic tank(whether metal or not) is structurally unsound,exhibits substantial infiltration or exfiltration or tank failure.is imminent. System will pass inspection.if the, existing tank is replaced with.a..complying septic tank as approved by the Board of Health. *A metal septic tank will pass inspection if it is structurally sound,not leaking and if a Certificate of Compliance indicating that the tank is less than 20 years old is available. ND explain: Observation of sewage backup or-break out or high static water level in the distribution box due to broken or obstructed.pipe(s)or due to a broken,settled or uneven distribution box. System will pass inspection if(with. approval of Board of Health): broken pipes)are replaced obstruction.is removed distribution.box is.leveled or replaced ND explain: The system.required pumping more than'4 times a year due to broken or obstructed pipe(s).The system will pass inspection•if(with approval of the Board of Health):. broken pipe(s)are replaced obstruction.is removed ND explain: 2 Page 3 of Il OFFICIAL INSPECTION FORM-NOT FOR VOLUNTARY�ASSESSMENTS SUBSURFACE SEWAGE•DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION(continued) Property Address: o�� "PAy /el9aw Owner Date of Inspection: {. /i C. Further Evaluation is Required by the Board of Health: Conditions exist which require further evaluation by the Board of Health in order to determine if the system' is failing to protect public health, safety or the environment. 1. System will pass unless Board of Health determines in accordance with 310 CMR 15.303(1)(b)that the system is not functioning in a manner which.will protect public health,safety and the environment: Cesspool or privy is within 50 feet of a surface water Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh 2.: System will fail unless the Board of Health (and Public Water Supplier,if any).determines that the system.is functioning in a manner that.protects the public health,safety and environment: _ The system has a septic tank and soil absorption system (SAS)and the SAS is within 100 feet of a. surface water supply or tributary to'a.surface water supply. The system has a'septic.tank and SAS and the SAS is within a Zone ].of a public water supply. The system has a septic tank and SAS and the SAS is within 50 feet of a private water supply well. _ The system has a septic tank and SAS and the SAS is less than I001eet but 50 feet or more from a private water supply well". Method'used to determine distance "This system passes if the well water analysis,performed at a DEP certified laboratory, for c.oliform bacteria and volatile organic compounds indicates.,that the well is free from pollution from that facility and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm,provided that no:other failure criteria are triggered.A•copy of the analysis must be attached to this form. 3. Other: 3 i Page 4 of 11 OFFICIAL.INSPECTION FORM-NOT,FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART A CERTIFICATION(continued) Property Address: %2Q WAA Owner: &U Date of Inspection:la, 19/D/ D. System Failure Criteria applicable to all systems: You must indicate"yes"or"no"to each of the following for all inspections:, Yes Igo _ • j Backup of sewage into facility or system component due to overloaded or clogged SAS or.cesspool Discharge or ponding of effluent to the surface of the ground or surface waters due to an overloaded or clogged SAS or cesspool Static liquid level in the distribution.box.above outlet invert due to an overloaded or clogged SAS or cesspool Liquid depth in cesspool is less than 6"below invert or available volume is less than ''/]day flow _ Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s).Number _ 4of times pumped Any portion of the SAS,cesspool or privy is below high groundwater elevation. 'Any portion of cesspool or privy is within 100 feet of a surface water supply or tributary to a surface Jwater supply. Anyportion of a cesspool or privy is within a Zone 1 of a public well. Any portion of a cesspool or privy is within SO.feet of a private water supply well. Any portion.of a cesspool or.privy is less than 100 feet but.greater than.50 feet from a private water supply well-with no acceptable water quality analysis. [This.system passes if:the well water analysis, performed at a DEP certified laboratory,for coliform bacteria and volatile organic compounds indicates that the well is.free from pollution from that facility and the presence of ammonia nitrogen and nitrate nitrogen.is equal to or less than 5 ppm,provided that no other failure criteria . Af are triggered.A copy of the analysis must be attached.to this form.] (Yes/No)The system fails: I have determined that one or.more of the above failure criteria exist as described in 3.10 CMR 15.303,therefore the system fails.The system owner should contact the Board of Health to determine what will be necessary to correct the failure. E. Large Systems: To be considered a.large.'system:the'system.must serve a facility with a:de'sign flow of 10.,000•gpd to 15,000 gpd•. You must indicate either"yes"or"no"to each of the following: (The following criteria apply to large systems in addition to the criteria above) yes no _ the system is within 400 feet of a surface drinking water supply the system is within 200 feet of a tributary to a surface drinking water supply the system is located in a nitrogen sensitive area(Interim Wellhead Protection Area—IWPA)or a mapped Zone II.of a public water supply well If you have answered"yes"to any questibn in Section E the system is considered a significant threat,or answered "yes"in Section D above the large system has failed.The owner or operator of any large system considered a significant threat under Section E or failed under Section D shall upgrade the.system in accordance with 310 CMR 15.304.The system owner should contact the appropriate regional office of the Department. 4 Page 5 of 1.1 OFFICIAL.INSPECTION FORM-NOT FOR VOLUNTARY-ASSESSMENTS SUBSURFACE-SEWAGE DISPOSAL:S.YSTEM INSPECTION'FORM PART B CHECKLIST Property Address: Owner• Date of Inspection: Check if the following have been done..You must indicate"yes or."no"as to each of the following. Yes No f Pumping.information.was provided by the owner,occupant, or Board of Health Were.any of the system components pumped out in the previous two weeks? V� Has the system received normal flows in the previous two week period? +/Have large.volumes of water been introduced to the system recently.or as part of this inspection? Were as built-plans of the system obtained and examined?(If they were not available note as N/A) Was the facility or dwelling inspected for signs of sewage back up? _ Was the site inspected for signs of breakout? Were all system components, excluding the SAS, located on site? Were the septic tank manholes uncovered,opened,and the interior of the tank inspected for the condition of the baffles or tees,material of construction, dimensions,depth of liquid,depth of sludge and depth of scum? _ Was.the facility owner(and occupants ifdifferent from owner)provided with information on the proper maintenance of subsurface sewage disposal systems? The size and location of the Soil Absorption System-(SAS)on the site has been determined based on: Ye-1 C Existing information.For example, a plan.at the Board of Health: Determined in the field(if any of the failure criteria related to Fatt C is at issue approximation of distance is unacceptable)[310 CMR 15.302(3)(b)] 5 Page 6 of 11 OFFICIAL•INSPECTION,FORM_NOT FOR VOLUNTARYASSESSM '✓NTS SUBSURrACT' SEWAGE DISPOSAL.SYSTEM INSPECTION FORM PART C SYSTEM INFORMATION Property Address: Owner: Date of Inspection: t1 FLOW CONDITIONS RESIDENTIAL Number of bedrooms.(design): . Number:of.bedrooms(actual): :3. . DESIGN flow based on 310 CIvIR 15.203 (for example: ]1:0 gpd x#of bedrooms): Number of current residents:_3 Does residence*have.a garbage grinder(yes or no IAO.- Is laundry on a separate sewage system-(yes or no): if yes separate inspection required] Laundry system inspected(yes or no)xeb- -Seasonal use:(yes or no): .. Water meter readings; if available(last 2 years usage(gpd)): Sump pump(yes or no)' Last date of occupancy:M�_ COMMERCIAL/INDUSTRIAI Type of establishment:.. Design flow.(based on 310 CMR.15.203): gpd Basis of design-flow(seats/persons/sgft,etc.): . Grease trap present(yes or no): Industrial waste holding tank present(yes or no):_ Non-sanitary waste discharged to the Title 5 system(yes or no):-_ Water meter readings, if available: Last date of occupancy/use: OTHER(describe): GENERAL INFORMATION Pumping Records Source of information: Was system pumped as part of the inspection.(yes or no):� If yes, volume pumped`. gallons--'How was quant pumped determined? Reason'for.pumping.- TYPE OF SYSTEM eptic tank,distribution box,soil absorption system Single cesspool _Overflow cesspool _'Privy Shared system.(yes or no)(if yes,attach previous inspection records,if any) Innovative/Alternative technology.Attach a copy of the current operation and maintenance contract(to be obtained from system owner) _Tight tank _Attach a copy'of the DU approval _Other'(describe): roximate age of all eojnponents,date installed(if known)and source of information.- Were-sewage odors:detected when arriving.at the site(yes or noLIAO 6 Page 7 of 11 s� OFFICIAL INSPECTION FORM-NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM 'PART C SYSTEM INFORMATION(continued) Property Address: ' n Owner: VA Date of Inspection: BUILDING SEWER(locate on site plan)/% Depth below grade: Materials of construction:_cast iron _40 PVC_other(explain): Distance from private water supply well or suction line: Comments(on condition of joints, venting,evidence of leakage,etc.): 5 SEPTIC TANK:V (locate on site plan) Depth below grade Uijz& Material of construction:�ncrete_metal_fiberglass_polyethylene —other(explain) If tank is metal list age:— Is age confirmed.by a Certificate of Compliance(yes or no):—(attach a copy of certificate) Dimensions:��'X Sludge depth: 7 if Distance from:top of sludge to bottom of outlet tee or baffle: Scum thickness: o� Distance from top of scum.to.top of outlet tee or baffle: Distance from bottom of scum to bottom of outlet tee or baffle' How were dimensions determined: ^A abaa g&aA; Comments(on pumping recommen ations, inlet and outlet tee or baffle condition,structural integrity, liquid levels as related to outlet invert,evidence of leakage,etc.): P GREASE TRAP: {locate on:site plan) Depth below grade:_ Material of construction:_concrete_metal_fiberglass_polyethylene_other (explain): Dimensions: Scum thickness: Distance from top of scum to top of outlet tee or baffle: Distance from bottom of scum to bottom of outlet tee or baffle: Date of last pumping: Comments(on pumping recommendations, inlet and outlet tee or baffle condition,structural integrity,liquid levels as related to outlet invert,evidence of leakage,etc'.): Page 8 of 11 OFFICIAL INSPECTIO.N.FO.RM—.NOT-FOR VOLUNTARY:ASSESSMENTS > SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM .PART C SYSTEM.;INFORMATION(continued) Property Address:o` In I Owner:. Date of Inspection: TIGHT or HOLDING TAN✓�.tank must be pumped at time of inspection)(locate on site plan) Depth below grade: Material of construction: concrete metal fiberglass_polyethylene other(explain):. Dimensions: Capacity: gallons Design Flow: gallons/day Alarm present(yes or no): Alarm level: Alarm in working order(yes or no):. Date of fast pumping: Comments(condition of alarm and-float switches, etc.): DISTRIBUTION BOX: ✓ (if present must be opened)(locate on site plan) Depth of liquid level above outlet invert: Alice/ Comments(note if box is level and distribution to outlets equal,any evidence of solids carryover,any evidence of takage into or ou of box,etc.): c2g," PUMP CHAMBE✓(locate on site plan) Pumps.in working order(yes or no):. Alarms in-working order(yes or no): Comments(note.condition of pump chamber,condition of pumps and appurtenances,etc.): 8 r Page 9 of 11 OFFICIAL INSPECTION FORM—NOT FOR VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C . SYSTEM INFORMATION(continued) Property Address: Owner: -Date of Inspection: Ce/ ca zo / SOIL ABSORPTION SYSTEM (SAS):_,,G ocate on site plan,excavation not required) If SAS not located explain why: Type leaching pits,number:_ leaching chambers,number: aching galleries,number: leaching trenches,number, length: f - Coo x VK x�. reaching fields,number,dimensions: overflow cesspool,number: . innovative/alternative system Type/name of technology: Comments(note condition of soil,signs of hydraulic failure, level of ponding;damp soil;condition of vegetation, etc.): GL'! CESSPOOLS/. sspool must be pumped as part of inspection)(locate on site plan) Number and configuration: Depth—top of liquid to inlet invert: Depth of solids layer: Depth of scum layer: Dimensions of cesspool: Materials of construction: Indication of groundwater'inflow(yes or no): Comments(note condition of soil,signs of hydraulic failure, level of ponding,condition of vegetation,etc.): PRIV�(locate on site plan) Materials of construction: Dimensions: Depth of solids: Comments-(note condition of soil,signs of hydraulic failure, level of ponding,condition of vegetation,etc.): 9 Page 10.of 11 OFFICIAL INSPECTION FORM—'NOT FOR VOLUNTARY.ASSESSMENTS' SUBSURFACE SEWAGE DISPOSAL.SYSTEM INSPECTION FORM PART C .SYSTEM INFORMATION(continued) Property.Address:. rC PA Owner: Date of Inspection: f2//9 Zni SKETCH OF SEWAGE DISPOSAL.SYSTEM Provide a sketch of the sewage disposal system including ties to at least two permanent reference landmarks or benchmarks. Locate all wells within 100 feet.Locate.where public water supply enters the.building. � 1 1 � 5� F 55' ay - COO 10 Page I 1 of 1 I OFFICIAL INSPECTION FORM-NOT FOR.VOLUNTARY ASSESSMENTS SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM PART C . SYSTEM INFORMATION(continued) Property Address: 0 Owner: Date of Inspection: SITE EXAM Slope Surface water Check cellar Shallow wells Estimated depth to ground water feet Please indicate(check)all methods used to determine the high ground water.elevation: Obtained from system design plans on record-If checked,date of design plan reviewed: Observed site(abutting property/observation.hole within 150 feet of SAS). Checked with local Board of Health-explain: Checked with local.excavators, installers-(attach documentation) Accessed USGS database-explain: You must describe'how you established the high ground water elevation: . 11 TOWN OF BARNSTABLE �y LOCATION -O SEWAGE# VILLAGE _ -��'i��I/�S ASSESSOR'S MAP&LOT 2�� INSTALLER'S NAME&PHONE NO. SEPTIC TANK CAPACITY LEACHING FACILITY:_ (type) (size) NO.OF BEDROOMS BUILDER OR OWNER gi cpEe&dr al--5, PERMTTDATE: lD ill•-9'S COMPLIANCE DATE: Separation Distance Between the: Maximum Adjusted Groundwater Table and Bottom of Leaching Facility �� Feet IN Private Water Supply Well and Leaching Facility (If any wells exist }� on site or within 200 feet of leaching facility) 'J Feet Edge of Wetland and Leaching Facility(If any wetlands exist within 300 feet of leaching facility) •Feet Furnished by .�_ _�' `j �� `� � � �. r ( � �� s O � w �i � J� � I �- (I 1 r � r I ` No. Fee THE COMMONWEALTH OF MASSACHUSETTS PURLIGHEALTH DIVISION - TOWN OF BARNSTABLE., MASSACHUSETTS pplication for Mi.5pogal *p6tem Cow5truction Permit Application is hiereby made for a Permit to Construct or Repair(P<an On-site Sewage Disposal System at: L c ain Add tv' g Lot No. Owner's Name,Address and Tel.No. +4 5, Instakr's.Name,Address,and Tel.No. Designer's Name,Address and Tel.No. 7AfCq(!ZVW1_Yj_7 CA1.015-7-- RCA—AZ-Lq-1-.1 -4 1 T`ype of Building: Dwelling No.of Bedrognis Garbage Grinder Other Type of Build6niz IUS(b t^"744—No. of Persons Showers Cafeteria( Other Fixtures Design Flow gallons per day. Calculated daily flow gallons. Plan Date /6)////? Number of sheets Revision Date Title Description of Soil Nature of Repair;or Alterations(Answer when applicable) I- Z.—Al.'s- 77-11-144Vw 60 C_X_ Le W A. D.CKP Date last inspe6tedl Agreement: The undersigned agrees to ensure the construction aad-;��f the afore described on-site sewage disposal system in accordance with the provisions of Title 5 of the Environmental Code and not to place the system in operation until a Certifi- cate of Compliance has been issued by t�hilg Signed ,:�ar of�Healt Date t7 - - � 7// -, Application Approved by -4 4 IL-' /4 Application Disapproved for tk/follo'w--ijng reasons Permit No. Date Issued --------------------------------------- No. " ' ✓ ' Fee -- THE COMMONWEALT ASS'ACHU S PUBLIC HEALTH DIVISION - TOWN ///OF BARNSTABLE., MASSACHUSETTS 01ppYtcation for Mi,5poga[.*pgten� Conotructton Permit M Application is hereby made for a Permit to Construct( )or Repair(P,:�an On-site Sewage Disposal System at: Location Add re or Lot No. Owner's Name,Address and Tel.No. mo t t=N,J GCa.a, ��i.!-;J S y,4.,CJ)s -Ins er's Name,Address,and Tel.No. Designer's Name,Address and Tel.No. 1451'crlC__Tj w►i 1 Gl,J.1 S i. 1 c.rn,s t,,A-KclSV Type of Building: a - Dwelling--- .No.of Bedrooms Garbage Grinder &j u Other Type of Building /t`LS rAeWrTA-t- No. of Persons Showers( ) Cafeteria( ) f� " Other Fixtures Design Flow gallons per day. Calculated daily flow 3 is 7 gallons. Plan Dated /y�ii,9c' Number of sheets / Revision Date Title Description of So` UU -t& ,2 — J7,-4�A Nature of Repairs or Alterations(Answer when applicable) A-- /s-b o t_j �S€DTt t T�•J� � t , Date last inspected: Agreement: The undersigned agrees to ensure the construction a f the afore described on-site sewage disposal system in accordance with the provisions of Title 5 of the Environmental Code and not to place the system in operation until a Certifi- cate of Compliance has been issued by thi oar of Healt . Signed4 Date Application Approved by - Application Disapproved fort following reasons :r i 1 y Permit No. �� '(i- �_ Date Issued THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION - BARNSTABLE, MASSACHUSETTS Certificate of Compliance - THIS IS TO CERTIFY,that the On-site Sewage Disposal System installed( )or repaired/replaced on by Vd.tn T LA-T-17 C4)i.J S qJ CFT u•J for Alle- -1 itl; �� .AA / /f'y'J e-1 LS has been constructed in accordance i with the provisions of Title 5 and the for Disposal System Construction Permit No. dated Use of this system is conditioned on compliance with the provisions set forth below: — cry r O — No. Fee ! THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION - BARNSTABLE, MASSACHUSETTS 1=t!5po$a1 *pgtem Con$tructton Permit Permission is hereby granted to �G/�� 'a LA 7T7 CV jLS:-1W k,-770.,V to construct( )repair(c4an On-site Sewage System located at o310 e—t_S,,.►#,1 1�1� and as described in the above Application for Disposal System Construction Permit. The applicant recognizes his/her duty to comply with Title 5 and the following local provisions or special conditions. All construction must be com9leted within two years of the date below. - Date: / F C/�S Approved by Qj � r ' CERTIFICATION OF SKETCH AND APPLICATION FOR ADISPOSAL WORKS-CONSTRUCTION PERMIT(WITHOUT DESIGNED PLANS) hereby certify that the application for dtS osal works construction permit Si ed b p Sig* y me dated concerning the, property located at C C !Ltur4d, j ��lL} meets all of the following criteria: • There are no wetlands within 300 feet of the proposed septic system i— There are no private wells within 150 feet of the proposed septic system ✓• The observed groundwater table is 14 feet or greater below the bottom of the leaching facility ere is no increase in flow and/or change in use proposed s • g P ed • There are no variances requested or needed. SIGNED: DATE: LICENSED SEPTIC SYSTEM STALLER IN THE TOWN OF BARNSTABLE NUMBER [Attach a sketch plan of the proposed system. Also if the licensed installer posesses a certified plot plan, this plan should be submitted]. x - '" w s ; .i i I' 00 �� gpv ��►lam . O v 0 �✓ ,s JLs �.J R�