HomeMy WebLinkAbout0026 GUY LANE - Health 26'G°� y a(aFR
Y
L271271-004-004
Hyannis
Town of Barnstable
` Health Department
367 Main Street, Hyannis, MA 02601
►639.
Office 508-790-6265 Thomas A. McKean
FAX 508-775-3344 Augus�rlof �c Health
Leon D. Narbonne and
Frederick Thacher, Trustees
Lindsaylee Realty Trust
43 Pine Street
Yarmouthport, MA 02675
NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY
CODE II MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION
AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE, ARTICLE 51
The property owned by you located at 26 Guy Lane, Hyannis was inspected on April 30,
1996 by Edward Barry, Health Inspector for the Town of Barnstable because of a
complaint by the tenant, Tracy Williams. The following violations of the Town of
Barnstable Rental Ordinance Article 51 and the Sanitary Code H were observed:
410.354: Only one electric meter observed on the dwelling. The tenant, Tracy
Williams, stated there are three(3) rental units in this dwelling.
You are directed to correct the violation of 410.354 within seven (7) days of receipt
of this notice.
You may request a hearing if written petition requesting same is received by the Board of
Health within seven (7) days after the date order is received. However, this violation
must be corrected regardless of any request for a hearing.
Please be advised that failure to comply with an order could result in a fine of not more
than $500. Each separate day's failure to comply with an order shall constitute a separate
violation.
You are also subject to non criminal citations of$40.00 for the first violation and $15.00
for each additional violation. Tickets will be issued daily until the violations are corrected.
I am aware of a July 12, 1996 letter to you from Ms. Gloria Urenas, Zoning Enforcement
Officer for the Town of Barnstable, ordering you to discontinue the use as a multi-family
home and restore it to a single family home. These violations must be corrected within the
time established.
PER ORDER OF E BOARD OF HEALTH
Thomas A. McKean
Director of Public Health
cc: Susan Nagl, Legal Services
cc: Ruth Weil, Asst. Town Atty.
FORM30 Hoass&WARREN,INC.NOV.1979.1983 THE COMMONWEALTH OF MASSACMUSETTS F' ,
BO RD OF HEALTH
cirrROw�
= W
W EPARTMENT
a AbbRESS
TELEPHONE
�
Address v 6u y `Y� r�Y,�}/L�;r Occupan / 7fl,G-e'l-', . V/14���5
Floor_Apartment No: ' No.of Occupants A?
No.of Habitable Rooms-- No.Sleeping Rooms
No.dwelling or rooming units_No.Stories 2
Name and address of owner 4 d l�l/ � &h r�
•�/y 'S'/R ti 9��/ fi�`" �' ,�'�' / ,7�' L1 nl t 4 s arks /llj . kvl .
YARD ( Out Bld s.: Fences:
Garbage and Rubbish
Containers:
Drainage
Infestation Rats or other:
STRUCTURE EXT. , Steps,Stairs, Porches:
Dual Egress:and Obst'n.:
❑B ❑ F ❑ M Doors,Windows:
Roof
Gutters, Drains:
Walls:
Foundation:
Chimney
BASEMENT Gen.Sanitation:
Dampness:
Stairs:
Lighting:
STRUCTURE INT. Hall,Stairway:
Obst'n.:
Hall, Floor,Wall,Ceiling:
Hall Lighting:
Hall Windows:
HEATING Chimneys:
Central ❑Y ❑ N Equip. Repair
TYPE: Stacks,Flues,Vents:
PLUMBING: Supply Line:
❑MS ❑ST ❑ P Waste Line:
H.W.Tanks Safety and Vent(s)
ELECTRICAL Panels, Meters,Cir.:CJ4
❑ 110 ❑220 Fusing,Grnd.: /19 rv / .� /p " epl /,,* as-
AMP: Gen.Cond. Distrib. Box: /
Gen. Basement Wiring:
DWELLING UNIT
Ventil. L to . Outlets Walls Ceils. Wind. Doors Floors- Locks
Kitchen
Bathroom
Pantry
Den
Lhdna Room
Bedroom 1
Bedroom 2
Bedroom 3
Bedroom 4
Hot Water Facil. Sup.Ten.,Gas,Oil, Elect.:
Stacks,Flues,Vents,Safeties:
Kitchen Facilities Sink
Stove
Bathing,Toilet Facil. Vent., Plumb.,Sanit'n.:
Wash Basin Shower or Tub:
Infestation Rats, Mice Roaches or Other:
ress Dual and Obst'n:
General Building Posted
Locks on Doors:
ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH
MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL—BEING OF THE
OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE
AUTHORIZED INSPECTOR.(See Over)
"THIS INSPECTION REPORT IS SIGNED AND CERTIFIED,UNDER THE PAINS AND
PENALTIES 0 PERJURY."
INSPECTO :; � 4��O TITLE
//r b e^ —A:M-DATE � TIME_ ��'�� P.M.
A.M.
THE NEXT SCHEDULED REINSPECTION P.M.
a
410.750: Conditions Deemed to Endanger or Impair Health or Safety
The following conditions, when found to exist in residential premises,
shall be deemed conditions which may.endanger or impair the health, or safety
and well-being of a person or persons occupying the premises. This listing
is composed of these items which are deemed to always have the potential to
endanger or materially impair the health or safety, and well-being of the
occupants or the public. Because Chapter II, 105 CMR 410.000 through 410.499
state minimum requirements of fitness for human habitation, any violation has
the potential to fall within this category in any given situation but may not
. do so in every case and therefore cannot be included in this listing. Failure
to include shall in no way be construed as.a determination that other
violations may not be found to fall within this category. Nor shall failure
to include affect the duty of the local health official-to order repair or
correction of the violation(s) pursuant to 410 CMR 410.830 through 410.833
nor shall it affect the legal obligation of the person to whom the order is.
issued to comply with such'order. `
(A) Failure to provide a supply of water sufficient in quantity, pressure
and temperature, both hot and cold, to meet the ordinary needs of the occupant
in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or
longer.
(B) Failure to provide heat as required by 105 01R 410.201 or improper
venting or use of a space heater or water heater as prohibited by 105 CMR
410.200(B) and 410.202.
(C) Shut-off and/or failure to restore electricity or gas.
(D) Failure to supply the electrical facilities required by 105 CMR 410.250(B),
410.251(A), 410.253(A), 410.253(B) and the lighting in common area required
by 105 CMR 410.254.
(E) Failure to provide a safe supply of water.
.(F) Failure to provide a toilet and maintain a sewage system in operable
condition as required by 105 CMR 410.150(A)(1) and 410.300.
(GI Failure to provide adequate exits, or the obstruction of any exit,
passageway or common area caused by an object, including garbage or trash,
which prevents egress in case of an emergency 105 CMR 410.450 and 410.451.
(H) Failure to comply with the security requirements of 105 CMR 41b.480(D).
(I) Failure to comply with any provisions of 105 CMR 410.600 through 410.602
which results in any accumulation of garbage, rubbish, filth or other causes
of sickness which may provide a food source or harborage for rodents, insects
or other pests or otherwise contribute to accidents or to the creation or
spread of disease. �.
(J) The presence of lead-based paint on a dwelling or dwelling unit in
violation of the Massachusetts Department of Public Health Regualtions for
Lead Poisoning Prevention and Control 105 CMR 460.000.
(K) Roof, foundation, or other structural defects that may expose the
occupant or anyone else to fire, burns, shock, accident or other dangers or
impairment to health or dafety.
(L) Failure to install electrical, plumbing, heating and gas-burning
facilities in accordance with accepted .plumbing, heating, gas-fitting and
electrical wiring standards or failure to maintain such facilities as
are required by 105 CMR 410.351 and 410.352 so as to expose the occupant
or anyone else to fire, burns, shock, accident or other danger or impairment
to-health or safety.
(M) Any of the following conditions which remain uncorrected for a period
of five or more days following the notice to or knowledge of the owner
of said condition or conditions:
(1) lack of a kitchen sink of sufficient size and capacity for
washing dishes and kitchen utensils or lack of a stove and oven
or any defect that renders either operable.
(2) failure to provide a washbasin and a shower or bathtub as required
in-105 CMR 410.150(A)(2) and 410.150(A)(3) and any defect which
renders them inoperable.
(3) any defect in the electrical, plumbing, or heating system which makes
such system or any part thereof in violation of generally accepted
plumbing heating,, gas-fitting, or electrical wiring standards
that do not create an immediate hazard.
(r) -failure to maintain a safe handrail or .protective railing for every
stairway, porch balcony, roof or similar place as required by
105 CMR 410.503(A) and 410.503(B).
(5) failure to eliminate rodents, cockroaches, insect infestations and
other pests as required by 105 CMR 410.550.
(N) Amy other violation of Chapter II not enumerated in 105 CMR 410.750(A)
through (M) shall be deemed to be a condition'which may endanger or materially
impair the health or safety and well-being of an occupant upon the failure of
the owner to remedy said condition within the time so ordered by the board
of health.
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�FORM30 Hows&WARREN,INC.NOV.1979.1983 THE COMMONWEALTH OF MASSACHUSETTS t
BOAR OF HEALTH
193 D
CITY/TOWN
W
o DEPARTMENTAbbRESS
TELEPHONE
Address Occupan
Floor Apartment No: I No.of Occupants -0:7
No.of Habitable Rooms No.Sleeping Rooms
No.dwelling or rooming units No.Stories
Name and address of owner/-..#G Al
.0 .a arks
YARD Out Bld s.: Fences:
Garbage and Rubbish
Containers:
Drainage
Infestation Rats or other:
STRUCTURE EXT. Steps,Stairs, Porches:
Dual Egress:and Obst'n.:
❑ B ❑ F ❑ M Doors,Windows:
Roof
Gutters, Drains:
Walls:
Foundation:
Chimney:
BASEMENT Gen.Sanitation:
Dampness:
Stairs:
Lighting:
STRUCTURE INT. Hall,Stairway:
Obst'n.:
Hall, Floor,Wall,Ceiling:
Hall Lighting:
Hall Windows:
HEATING Chimneys:
Central ❑Y ❑ N Equip. Repair
TYPE: Stacks,Flues,Vents:
PLUMBING: Supply Line:
❑ MS ❑ ST ❑ P Waste Line:
H.W.Tanks Safety and Vent(s)
ELECTRICAL Panels, Meters, ig, ,fig A/2 S g -1 074
❑ 110 ❑ 220 Fusing,Grnd.: IV_.. '"z2 G x/ -17A 6 u ,f-9 /0.3_ eAfif �/C� �,5'L,✓
AMP: Gen.Cond. Distrib. Box:
Gen. Basement Wiring:
DWELLING UNIT.
Ventil. L to . Outlets Walls Ceils:- Wind. Doors Floors Locks
Kitchen
Bathroom
Pantry
Den
Living Room
Bedroom 1
Bedroom 2
Bedroom 3
Bedroom 4
Hot Water Facil. Sup.Ten.,Gas,Oil, Elect.:
Stacks,Flues,Vents,Safeties:
Kitchen Facilities Sink
Stove
Bathing,Toilet Facil. Vent., Plumb.,Sanit'n.:
Wash Basin,Shower or Tub:
Infestation Rats, Mice, Roaches or Other:"
Egress Dual and Obst'n:
General Building Posted
HLocks on Doors:
ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH
MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE
OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE
AUTHORIZED INSPECTOR.(See Over)
"THIS INSPECTION REPORT IS SIGNED AND CERTIFIED UNDER THE PAINS AND
PENALTIES OF PERJURY."
INSPECTOR, (/-+ TITLE
7 DATE b 4 TIME i f�, P.M.
A.M.
THE NEXT SCHEDULED REINSPECTION P.M.
410.750: Conditions Deemed to Endanger or Impair Health or Safety
The following conditions, when found to exist in residential premises,
shall be deemed conditions which may endanger or impair the health, or safety and well-being of a person or persons occupying the premises. This listing
is composed of these items which are deemed to always have the potential to
endanger or materially impair the health or safety, and well-being of the
occupants or the .public. Because Chapter II, 105 CMR 410.000 through 410.499
state minimum requirements of fitness for human habitation, any violation has
the potential to fall within this category in any given situation but may not
do so-in every case and therefore cannot be included in this listing. Failure
to include shall in no way be construed as.a determination that other
violations may not be found to fall within this category. Nor shall failure
to include affect the duty of the local health official to order repair or
correction of the violation(s) pursuant to 410 CMR 410.830 through 410.833
nor shall it affect the legal obligation of the person to whom the order is
issued to comply'with such order.
(A) Failure to provide a supply of water sufficient in quantity, pressure
and temperature, both hot and cold, to meet the ordinary needs of the occupant
in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or
longer.
(B) Failure to provide heat as required by 105 CIMR 410.201 or improper
venting or use of a space heater or water heater as prohibited by 105 CMR
410.200(B) and 410.202.
(C) Shut-off and/or failure to restore electricity or gas.
(D) Failure to supply the electrical facilities required by 105 CMR 410.250(B),
410.251(A) 410.253(A), 410.253(B) and the lighting in common area required
by 105 CMR 410.254.
(E) Failure to provide a safe supply of water.
.(F) Failure to provide a toilet and maintain a sewage system in operable
condition as required by 105 CMR 410.150(A)(1) and 410.300.
(G). Failure to provide adequate exits, or the obstruction of any exit,
passageway or common area caused by an object, including garbage or trash,
which prevents egress in case of an emergency 105 CMR 410.450 and 410.451.
(H) - Failure to comply with the security requirements of 105 CMR-41D.480(D).
(I) Failure to comply with any provisions of 105 CMR 410.600 through 410.602
which results in any accumulation of garbage, rubbish, filth or other causes
.of sickness which may provide a food source or harborage for rodents, insects
or other pests or otherwise contribute to accidents or to the creation or
- spread of disease.
(J) The presence of lead-based paint on a dwelling or dwelling unit in
violation of the Massachusetts Department of Public Health Regualtions for
Lead Poisoning Prevention and Control 105 CMR 460.000.
(K) Roof, foundation, or other structural defects that may expose the
occupant or anyone else to fire, burns, shock, accident or other dangers or
impairment-to health or dafety. .
(L) Failure toyinstall electrical, plumbing, heating and gas-burning
facilities •in accordance with accepted .plumbing, heating, gas-fitting and
electrical wiring standards or -failure to maintain such facilities as
are required by 105 CMR 410.351 and 410.352 so as to expose the occupant
or anyone else to fire, burns, shock, accident or other danger or impairment
to health or safety.
(M) Any of the following conditions which remain uncorrected for a period
of five or more days following- the notice to or knowledge of the owner
of said condition or conditions:
(1) , lack of a kitchen sink of sufficient size and capacity for
washing dishes and kitchen utensils or lack of a. stove and oven
or any defect that renders either operable.
(2) failure to provide a washbasin and a shower or bathtub as required
in 105 CMR 410.150(A)(2)-"and 410.150(A)(3) and any defect which
renders them inoperable. ,
(3) any defect in the electrical, plumbing, or heating system which makes
such system or any part thereof in violation of generally accepted
plumbing heating,• gas-fitting, or electrical wiring standards
that do not create an immediate hazard.
.(a), failure to maintain a safe handrail or .protective railing for every
stairway, porch balcony, roof or similar place as required by
105 CMR 410.503(A) and 410.503(B).
(5) failure to eliminate rodents, cockroaches, insect infestations and
other pests as required by 105 CMR 410.550.
(N) Amy other violation of Chapter II not enumerated in 105 CMR 410.750(A)
through (M) shall be deemed to be a condition which may endanger or materially
impair the health or safety and well-being of an occupant upon the failure of
the owner to remedy said condition within the time so ordered by the board
of health.
The Town of Barnstable
L►axsrnHie,
KAM �m� Department of Health Safety and Environmental Services
�f& M. Building Division
367 Main Street,Hyannis MA 02601
Office: 508-790-6227 Ralph Crossen
Fax: 508-790-6230 Building Commissioner
July 12, 1996
Leon D.Narbonne and
Frederick Thacher,Trustees
Lindsaylee Realty Trust
43 Pine Street
Yanmouthport,MA 02675
Re.: 26 Guy Lane,Hyannis,MA
Map/parcel 271/004 004
Dear Property Owners:
A review of our records,including the permitting history of 26 Guy Lane,as well as the Zoning Board of
Appeals records indicates that the use of that address as anything other than a single family home is illegal.
You are hereby ordered to discontinue the use of the above referenced property as it is now being used and
restore it to a single family home. You are to accomplish this work and notify this office to inspect within
14 days of your receipt of this letter.
A building permit must be applied for to redesign the layout to accommodate the conversion. You must do
this before you make any changes.
You have the right to appeal this decision. If you so choose,we will be more than happy to help you. If
we do not hear from you within the 14 days,we will be forced to seek criminal action against you.
Very truly you
Gloria M.Urenas
Zoning Enforcement Officer
GMU/km
CERTIFIED MAIL P 229 805 382 R.R.R.
ENNET T n O' R EIL LY, Inc.
Engineering, Environmental & Surveying Services 84 Underpass Road
Sanitary 21FJSite Remediation Property Line P.O. Box 1667
Site Development Hydrogeologic Survey Subdivision Brewster,MA 02631
Waste Water Treatment Water Quality Monitoring Land Court 508-896-6630
Water Supply Consulting Trial Court Witness-, 508-896-4687 Fax
RECEIVED
B096-1280
SEP 6 1996
September 4, 1996 HEALTH DEPT.
1M OF BARNSTAKI
To: Abutters
RE: , Map 210, Parcel 41 r
95 Annabelle-Point Road, Centerville
Ms. Florence Subacs has requested the Board of Health grant the following variance for a
proposed upgrade from existing cesspools to a Title 5 sewage system at the above referenced
property.
The requested variance is as follows:
1). WELL SETBACK: Existing well serving locus property is not 150 feet from
proposed Soil Absorption System. (47' variance requested).
A meeting will be held at the Barnstable Town Offices on September 17, 1996 at 7:00 pm. If
you have any questions or comments, please feel free to attend the public hearing.
Very truly yours,
BENNETT & O'REILLY, INC.
cc: Ms. Florence Subacs &'Barnstable Board of Health