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HomeMy WebLinkAbout0028 JANICE LANE - Health 28 Janice Lane —yanni s A= 307 -274 12 i' t 1 e 0 Certified Mail#7014 1200 0001 0358 4138 �ZMB'Owti Town of Barnstable Regulatory Services BAMSPAELE. i63q. A�0 Ricard Scali, Director Public Health Division Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 June 14, 2016 Susan Quealy-Wasser PO Box 1978 Hyannis, MA 02601 . NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II — MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE CODE CHAPTER 170. The property owned by you located at 28 Janice Lane, Hyannis was inspected on June 14, 2016 by Timothy B. O'Connell, R.S., Health Inspector for the Town of Barnstable. This inspection was conducted on the basis of a complaint received by the Town of Barnstable. §54-3 (A) Outdoor Storalze Multiple items are being stored outdoors on this property which are not screened from public view or neighbors view and are not within an enclosed structure. These items include: multiple mattress, chairs, Broken indoor furniture and other debris. You are directed to correct the violations listed above within fourteen (14) days of your receipt of this notice by removing all debris and properly disposing them. You may request a hearing before the Board of Health if written petition requesting same is received within ten (10) days after the date the order is served. Non-compliance will result in a fine of$100.00 per violation. Each day's failure to comply.with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection. R OF THE BOARD OF HEALTH McKean, R.S., CHO Director of Public Health Town of Barnstable CC: All occupants of 28 Janice Lane Hyannis, MA QAOrder Ietters\Housing violations\28 janice.doc 6-14-15 0 - w 4 y 1 l 1-A 00 ,� O �oF1Me row Timothy B. O'Connell, R.S. o Health Inspector' BARNSTABLE. ` Town of Barnstable y MASS. a �A 039. a. Department of Regulatory Services IEOMA� ' Public Health Division Office Hours 200 Main Street, Hyannis,MA 02601 8:00-9:30 a.m. Tel: 508-862-4644 3:30-4:30 p.m. Fax:508-790-6304 Email:Timothy.00onnell@town.barnstable.ma.us Citizen Web Request Page 1 of 2 r O Sy4 1 017 /gyp Logged Pr ic. a. TOWN\lo Citizen Request Management Mond ay,JuneG2D16 TOWN\oconnnnelt Route to Users Search Reouests Create Reouests - Request Information Request ID: 56384 Created: 6/3/2016 1:00:56 PM Status: Assigned To Staff Assigned To: O'Connell,Timothy �,/ Health Office J\ Anonymous: No Request Category: Chapter 54-5 : Rubbish and Garbage edit Routine work: No Estimate: No edit Date scheduled: edit Estimated 6/17/2016 Change Estimated May June 2016 Jul Completion Completion Date:Date: Sun Mon Tue Wed Thu Fri Sat \ 29 30 31 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 11 2 3 4 5 6 7 8 9 Created By: Sousa,Vanessa Priority:. Medium edit Health Office _ Citation Numbers: edit Requestor Information , Requestor Request Parcel Map: r7 Block: 274 Lot: 1000 Requestor reporting old Number appliances,mattresses,and trash on side and back of Parcel Lookup property. Email: Edit Requestor Information Track Request Progress -Request Work History: -Internal Note History: Entered on 6/3/2016 1:00:57 PM by Sousa,Vanessa http://issgl2/internalwrs/WR'equest.aspx?ID=56384 6/6/2016 Health Master Detail Page 1 of 1 L�� w ! NJJGY/.0 S . mK iY a` 3W I Logged In As: TOWN\oconnelt Health Master Detail Tuesday,June 14 2016 1 a' Application Center Parcel Lookuo Selection Items Parcel Septic Perc Wel! 1 Fuel Tank Parcel: 307-274 Location: 28 JANICE LANE, Hyannis Owner: QUEALY-WASSER, SUSAN Business name: Business phone: Rental property: ❑ Deed restricted: ❑ Number of bedrooms : 0 Contaminant released: ❑ Fuel storage tank permit: ❑ { Save Parcel Changes E Return to Lookup Parcel Info Parcel ID: 307-274 Developer lot:LOT 4 Location:28 JANICE LANE Primary frontage:20 Secondary road: Secondary frontage: Village:Hyannis Fire district:HYANNIS Town sewer exists at this address: No Road index:0791 Asbuilt Septic Scan: 307274 1 Interactive map ` y IS a� a Town zone of contribution:AP (Aquifer Protection Overlay District) State zone of contribution:OUT Owner Info Owner: QUEALY-WASSER, SUSAN Co-Owner: streets:PO BOX 1978 Street2: city:HYANNIS state:MA zip: 02601 Country: Deed date:1/29/2003 Deed reference:16316/119 Land Info Acres: 0.22 use: Single Fam MDL-01 zoning:RB Neighborhood: 0105 Topography:Level Road:Paved utilities:Public Water,Gas,Septic Location: Construction Info IBuilding NJYear Boil Gross Area Livin. Are<Bedrooms Bathrooms 1 11973 12717 J1426 Bedroom 2 Full-0 Half Buildings value:$113,400.00 Extra features: $23,700.00 Land value: $105,500.00 f j http://issgl2/intranet/healthMaster/HealthMasterDetail.aspx?ID=307274 6/14/2016 12i0212011 16:25 (508)862-9399 'nrasser Firm Page 1/3 BRIAN JAY WASSER ATTORNEY AT LAW Y.C.Max 1978 .`#r"wio,Ata C'2601 (508)862-9999 PaecuC dt win?�irwee.com December 2,201.1. Mr,Thomas McKean-Health Director Town of Barnstable Public Health Division 200 Main Street Hyannis,MA 02601 Dear Mr.McKean: Enclosed herevvith,please find check 1099 in the amount of$90. This payment was properly and timely,made no later than early June of 2011. Tardiness due to delaying six months to request a new check be issued without a reservation of rights renders any imposition of a late fee unreasonable. A reservation.of ts i plbe, ecogr �e pdi iice wider ia�'.is a legaiyauissil uiiig# Payment is hereby made under protest and bomeowner reserves all rights to dispute same. The dispute includes;but is not.limited to,the following: 1. The property in question is a single-family,owner-occupied,primary residence. 2. Inspections based upon annual,routine scheduling constitutes a warrantless search.and seizure in violation of state and federal constitutional guarantees of an individual's privacy and security in their persons and houses. Whereas government officials are prohibited from entering upon the lands of the homeowner in question,there remains no justification.for imposing the fee, 3. Under the original and common system of enforcement whereby inspections are supported by probable cause triggered by a complaint under oath or affirmation,the cost of such inspections are born by the community via the general tax fund. Under the rental registration program,the cost of community-wide,routine inspections are unposed upon select homeowners. This inequitable inconsistency implicates both the constitutional right to due process as well as equal protection, and may further be the result of an invalid and inappropriate use of a municipality's power to tax and impose fees. Whereas your office and its inspectors are funded by the general tax fund and are already legally required to fulfill the role of health.&safety.inspections,it is unconstitutional to charge select citizens monies to pay for services your department was already obligated to = = perform#. (This may be analogous to a police officers ineligibility to collect a bounty or re and for `�— apprehending awanted criminal but certainly so if victims were charged an extra fee for they �- service and protection of the police.) = rr d. The rental registration program's exemptions of certain property owners who are not othenvise subject to annual,routine inspections violates the constitutionai right to equal protection. _ Additionally,as non-rental properties,such as primary residences,are exempt from the annual—,s inspections,there appears to be no rational basis for the law in iitlfilling its stated purpose. s s Similarly,charging a fee is a deterrent to safety inspections,as contrasted with safety inspections performed free of charge by other departments. 5. The rental registration program is,an ex post facto law because it applies retroactively to acts which were previously pennissible. A registering homeowner agrees to certain conditions and gives up additional rights to autonomy and otherwise.Less restrictive controls on the free use and management of one's lands and realty. Furthermore,non-compliance may.result in further costs, . fees,and penalties which could ultimately lead to criminal liability to the non-compliant homeowner. Ex post facto laws are prohibited by Article.I,Section 1.0,Clause 1,of the U.S. a I . � I 12i0212011 16:25 (508)862-9399 'Nasser Firm Page 2/3 Constitution, The U.S.Supreme Court has struck down some retroactive civil.laws intended to have a punitive intent. Ownership of a rental property prior to the creation of the registration. program.is not listed among the exemptions. Thus,no"grandfather"clause or other compensatory provision exists for those who purchased and rent property in.reliance upon the.laws as they existed at the time of purchase or rental. 6. Whereas btmdreds of properties that would be covered under the teens of your program are nevertheless over-looked,the failure to implement a reasonable identification.system to ensure equal.application among such covered properties further defies equal protection both as written and as applied. 7. In the event a warrantless search uncovers violations,the non-compliance with.which could ultimately lead to criminal liability,same would violate the constitutional guarantee against.self- incrimination. S. Application of the registration program to pre-2006 homeowners may violate due process and for all homeowner subject to registration,their property values are decreased by at least$90.00 per year. Such decreases in property value by a government may constitute a"taking"whereby the Town is required to compensate such.homeowners for the value of the taking. 9. Information required by the registration"application"form also carries far-reaching legal implications for the unwary homeowner. Homeowners who reveal personal and protected information about tenants expose themselves to liability from.third-party claims for breach of privacy. Information about the homeowner and occupants appears to have no relation to the registration laws stated purpose,such as the age of the homeowner;and disclosure of other information is questionable on grounds against self-incrimination,given the stated purpose of the in Yections and ultimate consequences to non-compliant homeo nners. 1.0. Collateral rights and obligations governed by landlord-tenant law and contract law militate against a landlord permitting routine inspections of leased premi.ses. :Landlords are bound to preserve the quiet enjoyment of their leased.premises and the law,limits a landlord's right to enter the premises, either directly or through an agent(i.e.,govertunent officials). The registration program,by interfering with tenancy contracts and obligations of landlords to their tenants violates the constitutional right to contract,and contravenes state laws that imply obligations,such as quiet enjoyment,upon landlords. For the reasons stated above,among others,the enclosed registration payment and all such payments made in the future are hereby disputed and all.rights are reserved. NO GOVERNMENT OFFICIAL,EMPLOYEE,AGENT OR REPRESENTATIVE IS PERMITTED TO ENTER UPON THE .LANDS OF THE SUBJECT HOMEOWNER(S) ABSENT A WARRANT, ANY SUCH TRESPASS, CIVIL RIGHTS VIOLATION, ANDiOR CRIME SHALL BE PURSUED AND PROSECUTED,AS THE CASE MAY BE,TO THE FULLEST EXTENT OF THE LAW. Very truly yours, Brian J.Wasser,Esq. Town of Barnstable CF THE T Regulatory Services Barn Thomas F. Geiler,Director ;medcaChy Public Health Division BMMSTwsLe, MASS. �, Thomas McKean,Director 20c� �Ar 1639 a`� 200 Main Street Fo near . Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 November 28, 2011 Brain J. Wasser Susan M. Quealy P.O. Box 1978 Hyannis, MA. 02601 RE: 28 Janice Lane, Hyannis Dear Mr. Wasser and Ms. Quealy; I am, again, returning the check you sent for your rental property. ' We are unable to deposit the check as is and with legal.comments on it. The check needs to be void of excess writing on the check. To avoid a non criminal citation in the amount of$100, please send the $90 registration fee and a $10 late fee for 2011 by December 9, 2011. A cash payment brought to the office at 200 Main Street, Hyannis within that time period would be acceptable as well and a cash receipt would be submitted. Thank you for your cooperation regarding this matter. Thomas McKean Health Director Town of Barnstable Public Health Division �� � �^� 1�� A t Crocker, Sharon From, Crocker, Sharon Sent: Friday, June 10, 2011 10:56 AM, To: Houghton, David Cc: McKean, Thomas Subject: FW: Legal Question- re: Rental Payment We sent back the check below and asked for a "clean" replacement. On the back of this replacement check, the owner wrote: Paid under protest, all rights reserved." Wanted to make sure with you that there is no problem endorsing this check. I can't think of anything it will affect. Thanks for your advice. Sharon -----Original Message----- From: Crocker,Sharon Sent: Wednesday, May 18,2011 4:36 PM To: Houghton, David Cc: McKean,Thomas Subject: Legal Question-re: Rental Payment We just received a check for our$90 rental fee to cover the cost of running the program.. On the back on this particular check,the owner typed the following: "Paid under protest, all rights reserved. By endorsing and/or cashing this check the Town of Barnstable Board of acknowledges and . certifies that 28 Janice Ln. in Hyannis, MA is in full compliance with all applicable codes,and regulatory laws as of the date of said endorsement or will grant variances necessary to achieve same." The owners are Brian Wasser and Susan Quealy, PO Box 1978, Hyannis. Please review and let me know how we should endorse it without being held to above wording. The payment is not after inspections. And the payment, itself, never implies that they have met all the codes. Thank you for your help. 1 f Sharon F V Town of Barnstable OF THE 1p� Regulatory Services Barnstable Thomas F. Geiler, Director A&AmericaCity Public Health Division anxxsrnsLE, 9 MASS. Thomas McKean,Director �oo� g' 1639. a`� 200 Main Street AIFD MA'S Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 May 19, 2011 Brian Wasser Susan Quealy, PO Box 1978 Hyannis, MA 02601 RE: 28 Janice Lane, Hyannis; Dear Brain Wasser and Susan Quealy: We are returning your check for $90 which you put the following notation on the back of it: "Paid under protest, all rights reserved. By endorsing and/or cashing this check the Town of Barnstable Board of Health acknowledges and certifies that 28 Janice Ln in Hyannis, Ma is in full compliance with all applicable codes and regulatory laws as of the date of said endorsement or will grant variances necessary to achieve same." We are unable to cash this check as is and request a"clean"replacement check. The rental fee of $90 is a fee to.cover the cost of the program. It is not tied into a said inspection or stipulations as such. Please return a clean check promptly to avoid any additional late fee or penalties. Thank you. Sincerely, Thomas McKean Director of Public Health Town of Barnstable r 1 Brian Wasser Susan Quealy PO Box 1978 Hyannis, MA 02601 RE: 28 Janice Lane, Hyannis Dear Brain Wasser and Susan Quealy: We are returning your check for $90 which you put the following notation on the back of it: "Paid under protest, all rights reserved. By endorsing and/or cashing this check the Town of Barnstable Board of Health acknowledges and certifies that 28 Janice Ln in Hyannis, Ma is in full compliance with all applicable codes and regulatory laws as of the date of said endorsement or will grant variances necessary to achieve same." We are unable to cash this check as is and request a"clean"replacement check. The rental fee of $90 is a fee to cover the cost of the program. It is not tied into a said inspection or stipulations as such. Please return a clean check promptly to avoid any additional late fee or penalties. Thank you. Sincerely, T omas McKean Director of Public Health Town of Barnstable Crocker, Sharon From: Crocker, Sharon Sent: Thursday, May 19, 2011 10:52 AM To: McKean, Thomas Subject: FW: Legal Question - re: Rental Payment For your Info: See Dave's response. Teresa will be sending them a letter back with the check and requesting a replacement. Sharon -----Original Message----- From: ,ry Houghton, David ` Sent: Thursday, May 19,2011 10:43 AM To: Crocker,Sharon Subject: RE: Legal Question-re: Rental Payment Can't accept with that endorse, send check back, say you need a clean check. -----Original Message----- From: Crocker,Sharon Sent: Wednesday, May 18,2011 4:36 PM To: Houghton,David Cc: McKean,Thomas Subject: Legal Question-re: Rental Payment We just received a check for our$ 90 rental fee to cover the cost of running the program. On the back on this particular check,the owner typed the following: "Paid under protest, all rights reserved. By endorsing and/or cashing this check the Town of Barnstable Board of Health acknowledges and certifies that 28 Janice Ln. in Hyannis, MA its in full compliance with all applicable codes and regulatory laws as of the date of said endorsement or will grant variances necessary to achieve same." The owners are Brian Wasser and Susan Quealy, PO Box 1978, Hyannis. Please review and let me know how we should endorse it without being held to above wording. The payment is not after inspections. And the payment, itself, never implies that they have met all the codes. Thank you for your help. Sharon 1 4 G i"YV.1A1 ru .A rr N r, Postage $ ul Certified Fee 85`- � GJ Postma�� Return Receipt Fee Flerq p (Endorsement Required) 0 Restricted Delivery;Fee O (Endorsement Required) Q` rU Total Postage&Fees ` 1®9`Z,(3 m CC) Sent To --1Xl ^ -----------------`------------- C3 Street Apt.No.; A or PO Box No. I E q ----------- } Clty,State,ZIP+4 r,. ��60 Certified Mail Provides: n A mailing receipt 12 A unique identifier for your mailpiece o A record of delivery kept by the Postal Service for two years Important Reminders: a Certified Mail may ONLY be combined with First-Class Mail®or Priority Maile. a Certified Mail is not available for any class of international mail. a NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. o For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Retum Receipt Requested".To receive a fee waiver for a duplicate return,receipt,a USPS®postmark on your Certified Mail receipt is required. F o For an additional fee, delivery may be"restricted to the-addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery°. o If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking.If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS.Form 3800,August 2006(Reverse)PSN 7530-02-000.9047, Page 1 of 1 O'Connell, Timothy From: Brian Wasser[lawclaims@msn,com] < Sent: Wednesday, December 2� 01.0 12 41PM � ' f , To: O'Connell, Timothy. Cc: robert.zeida@gmai(corn Subject: 28 Janice-weatl erproof`Mnhclow � ;, Dear Mr. O'Connell: ' sd ` t '. Please accept this as an upda a concerning the status:with the 28 Jani'ce property 4 � {i34wF' 5, k-2 t.&e)Y.,.'tN 3.F. , As you know from the past,1ar}dlords�ave never wasted,any-,time fulfilling their�obliga ion to the property or the tenants, often in spite of hurdles placed:.upon landitrrds2l�y the telaants. �. However, on November 17, 2010, wheW.4-visited the property lo:address the electnca issues with my electricians, after being therefor a few minu'testerint.bame opposittar al and goy on`the"phor�e to someone (her attorney?) and began complaining about my presence;'on the,premises ands-- S if tot anifiat the person on the other end of the phone call was saying, Nina$Jones skated something io the effecp of`"Landlord is not allowed on the property" and had other objectionable words about Me`' At that point, I left to avoid altercation. In the past, we have had hostile tenants physically threaten both landlord and professional service technicians (in that case, a plumber). Despite our legal right to enter the premises, considering the pending litigation again-st-fe—nants, their hostile posture, and our past experiences in situations like these, we feel it prudent to avoid altercation, more headaches and to avoid placing anyone else in harms way, to wait until either the tenants are evicted, voluntarily move out, we have a court order permitting us access to address the.window,or some other arrangement to ensure everyone's safety and no legal claims can be trumped up before we can safely access the property to repair the window. Prior to arriving on Nov. 17th, an invitation was extended to tenants' legal counsel to be present at the premises for the electrical work, and was also invited to select a convenient time to schedule electricians so that his and/or his client's presence could be made possible. In summary, tenants are not permitting what we consider reasonable'access to the property by lack of cooperation and hostile and oppositional posturing. PLEASE ADVISE ON THE STATUS OF TENANTS COMPLIANCE WITH PROPER HANDLING OF THEIR TRASH. Thank you, Brian Wasser 12/22/2010 013 qq Certified Mail#7008 3230 0002 5177 9602 \ Town of Barnstable 0 j Regulatory Services HARK HLE, .y MASS. 0. , o �0 Thomas F. Geiler, Director rFMA�a, Public Health Division Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 October 7, 2010 Susan Quealy-Wasser PO Box 1978 Hyannis, MA 02601 e��• ��._�2P,�..-� Cam, NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000 STATE SANITARY CODE II — MINIMUM STANDARDS.OF FITNESS FOR HUMAN HABITATION ' AND THE TOWN OF BARNSTABLE CODE CHAPTER 170. Ab ` The property owned by you located at 28 Janice Lane, Hyannis was inspected (�~ on October 7, 2010 by Timothy B. O'Connell, R.S., Health Inspector for the Town of Barnstable. This inspection was conducted on the basis of a complaint received by the Town of Barnstable. The following violations of the State Sanitary Code were observed: 105 CMR 410.351 - Owner's Installation and Maintenance Responsibilities. Outlets within first floor bedroom and second floor bedroom were not working. G.F.C.I outlet within bathroom not working properly(i.e does not trip). Multiple outlets missing face plates. 105 CMR 410.500-Owner's Responsibility to Maintain Structural Elements Window within bathroom has a gap between storm window and main window frame which prevents it from being weather tight as above code requires. 4 105 CMR 410.200 (A)- Heating Facilities Required: The baseboard heating system on second floor was observed not to be functioning. 105 CMR 410.550(B): Extermination of Insects, Rodents and Skunks. Fleas were observed through out dwelling. QAOrder lettersMousmg viola6ons\28 janice.doc 4 ~ r You are directed to correct the violations listed above within twenty-four (24) hours of your receipt of this notice by repairing heating system so that the second (2nd) floor baseboards function as intended. You are directed to correct the violations listed above within fourteen (14) days of your receipt of this notice by exterminating fleas with a professional licensed exterminator. You are directed to correct the violations listed above within thirty (30) days of your receipt of this notice by fixing all electrical outlets so they are in good working order; by installing face plates on all outlets and switches; by repairing said window so that it is weather proof and water tight. You may request a hearing before the Board of Health if written petition requesting same is received within ten (10) days after the date the order is served. Non-compliance will result in a fine of $100.00 per violation. . Each day's failure to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection. PER ORDER OF THE BOARD OF HEALTH as cKean, R.S., CHO Director of Public Health Town of Barnstable Cc: Caline Jones: tenant QAOrder letters\Housing violations\28 janice.doc FORM 30 CI_w HOBBs&WARREN'"' THE COMMONWEALTH OF MASSACHUSETTS BOARD OF TH CITY/TOWN e i W DEPARTMENT . � p ADDRESS G•� TELEPHONE,,/ Address Occupant Floor Apartment No. No.of Occupants— No. of Habitable Rooms No.Sleeping Rooms _ No. dwelling or rooming units_ o.St ries . Ga -Qc) Name and address of owner '' Remarks Reg. Vio. YARD Out Bld s.: Fences: Garbage and Rubbish Containers: Draina e Infestation Rats or other: STRUCTURE EXT. Steps,Stairs, Porches: Dual Egress: and Obst'n.: ❑ B ❑ F ❑ M Doors,Windows: .» APt Roof Gutters, Drains: Walls: Foundation: Chimney: BASEMENT Gen.Sanitation: Dampness: Stairs: Li htin : STRUCTURE INT. Hall,Stairway: Obst'n.: Hall, Floor,Wall,Ceiling: r Hall Lighting: Hall Windows: HEATING Chimneys: Central El El Equip. Repair — TYPE: Stacks, Flues,Vents: PLUMBING: Supply Line: VVV ❑ MS ❑ ST ❑ P Waste Line: H.W.Tanks Safety and Vents ELECTRICAL Panels, Meters,Cir.: ❑ 110 ❑ 220 Fusing,Grnd.: 21 AMP: Gen.Cond. Distrib. Box: Gen. Basement Wiring: DWELLING UNIT Ventil. L to . Outlets Walls Ceils. Wind. Doors Floors Locks Kitchen Bathroom Pant rl ( v Den —Living Room Bedroom(1), er / Bedroom 2 r fV/ 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 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 REPOTS SIGNED AND CERTIFIED UNDER THE PAINS AND PENALTIES OF PER J R " INSPECTOR loa V�TITLE_ DATE—W (0 TIME 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 those 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 11, 105 CMR 410.100 through 410.620 state minimum requirements of fitness for human habitation;any other violation has the potential to fall within this category in any given specific situation but may not do so in every case and therefore is not included in this listing. Failure to include shall in no way be construed as a determination that other violations or conditions 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 such violation(s) pursuant to 105 CMR 410.830 through 410.833 nor shall failure to include 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 CMR 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) Shutoff and/or failure to restore electricity or gas. (D) Failure to provide the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253 and the lighting in com- -mon 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 disposal 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 any object, including garbage or trash, which prevents egress in case of an emergency 105 CMR 410.450, 410.451 and 410.452. (H) Failure to comply with the security requirements of 105 CMR 410.480(D). (1). Failure to comply with any provisions of 105 CMR 410.600, 410.601 or 410.602 which results in any accumulation of gar- bage, 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 leadbased paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public Health Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000. (See M.G.L. c. 111 @@ 190 through 199.) (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 safety. (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 facilties 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 defect in asbestos material used as insulation or covering on a pipe, boiler or furnace which may result in the release of asbestos dust or which may result in the release of powdered, crumbled or pulverized asbestos material in violation of 105 CMR 410.353. (N) Failure to provide a smoke detector required by 105 CMR 410.482. (0) 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 inoperable. (2) Failure to provide a washbasin and shower or bathtub as required in 105 CMR 410.150(A)(2)and 410.150(A)(3)or 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, gasfitting, or electrical wiring standards that do not create an immediate hazard. (4) 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. (P) Any other violation of 105 CMR 410.000 not enumerated in 105 CMR 410.750(A)through (0)shall be deemed to be a con- dition 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. (70 �-w, Px' Citizen Web Request Page 1 of 3 10 s Request Information .............................. .. ......... ....--................ ___..__.. .._._.___........._.................. __- ... ...m..-.-----_. _ ......... Request ID: 32242 Created. ,10/5/2010 9:04:48 AM __.......... .. __ ._ ...... ...._... Status: Assigned To Staff Assigned To: O'Connell,Timothy Health Office " Anonymous: Yes Request Category: Chapter II : Housing Substandard Routine.work: No,'~ M Estimate „ __.. No _....-.. . ... Date scheduled Estimated 10/20/2010 Change Estimated Completion Completion Date;, -Seep October 2010°' Nov Date: Sun Mon Tue Wed Thu Fri. Sat 26 27 28 29 30 1 2 3 4 5 6 7 8 9 10 11 '12 13 14 15 16 17 18 19 22, 21 22 23 24 25' 26 27 28 29 30 k 31, 1 2 3 4 5 6 Created By: O'Connell,Timothy _ Priority. Medium Health Office _- _. .... ... . . j Citation Numbers: Re letr Information j Requestor Request. DETAILS: „ LOCATION: 28 )ANICE LANE Hyannis, Ma 02601 quest Parcel Numbervµ .._w.� I 1 Fleas and heat not working on }Map: ;3 7 Biock: r274 Lot second floor I _... ..... ..... ............ Parcel Lookup Email: � �W http://issgl2/intemalwrs/WRequest.aspx?ID=32242 ` 10/6/2010 Citizen Web Request Page 2 of 3 Edt__Requestor Information Track Request Progress w Request Work History` Internal Note History: E. i Entered on 10/5/2010 9:06:01 AM System entry on 10/5/2010 9:04:48 AM: by O'Connell, Timothy Assigned to O'Connell,Timothy [` An apointment has been made for 10-6-10. [ update delete .............. Enter work progress: Enter internal note: [ (viewed by everybody) {viewed internally only) i I 3 S F R 5 f i- .. - ....... .:.......5 ........ ........ ......... ................ �� .Spell heck � ,Spell Check E -Add document or image link: Browse. You can also type in a folder name to see e.veryilhinq in the foid-er Current Links: Time worked on request 0.10 Res ons'e time 8.00 ' Time entries are in hours l xcaipl s of time entries: L23, 0.5, 0.7 , 1, 3. , 0,25, 0.10 Response time: Measured from the creation date tr your first actions on the request, Do not indUde nights, vv:eekends, and €iolidca?� in response.t€r€it' for most i epa t(TIents, Check to notify town employee below (7-€ Save changes . f to review this request. . Save changes and notify Health Office citizen Crocker, Sharon - ; Close request Brief message to reviewer: http://issgl2/intemalwrs/WRequest.aspx?ID=32242 10/6/2010 Page 1 of 2 O'Connell, Timothy From: Carlene Jones [mommajones22@yahoo.com] Sent: Thursday, October 07, 2010 1:45 PM To: O'Connell, Timothy Subject: 28 janice lane Fw: the house and this is what i got back...... _ ----- Forwarded Message ---- From: click 4joy <click4joy@msn.com> To: mommajones22@yahoo.com Sent: Mon, October 4, 2010 11:23:02 AM Subject: RE: the house Carlene, Sorry to hear about the problems. Although your theory is quite valid, all evidence suggests the pets were not the cause::.:: I have had experience with fleas before, and there is no delay. When they are present..theyspread quickly and there is no hiding them. Fleas come from the outside. Buildings sometimes become infested with fleas even when,there are no - pets around. They can be brought in or,carried by other wild critters nesting in or near a:building, or on socks or pant legs of humans. . The pets you refer to have been out of the house for a month or longer,I and other workers-have been in and out of the bottom floor since those pets were gone, and neither 1 nor movers,,nor professional cleaners were bitten, or noticed any such flea or ant activity. Infestation of any insect is more likely to have occurred due to your piling open trash'along', the _. t house. As I have informed you in the past, it is not just a health code violation, but for your own health and safety,trash needs to be contained in strong, pest resistant trash barrels with lock tight covers, and kept away from the house. Your "trash cans"'are in fact,just trash. They have no covers, and they are full of holes. Open trash is exposed to rain, sun and other elements. It includes rotting food as well as human waste (baby diapers). This is a problem that is not only unsanitary,but attracts vermin, insects and is a breeding ground form host of parasites,bacteria, maggots and flies, etc. If you recall,my attempts to discard these broken and ruined trash cans was thwarted by you, when you dumped out the scrap wood`that the clean-out company had placed in there to discard altogether. 1. IF YOU NEED A NEW TRASH CAN AND CANNOT FIND A GOOD ONE OR DO NOT HAVE ANY WORKING ONES, I CAN PROVIDE ONE FOR YOU. q 2. I am happy to bring a fireplace screen to you for appearance and perhaps a degree of child_ safety, however,no fireplace screen will keep out ants or fleas. 3. Too much power drawn from and outlet can trip the circuit breaker. I suggest looking for a tripped circuit, resetting it, and try to spread out your electric power draw to other areas. Your lease requires you to use power strips with their own circuit breakers to avoid electrical overload. 10/7/2010 Page 2 of 2 I always recommend using professional exterminators,but I will tell you that inexpensive smoker products available at local hardware stores kill fleas and eggs very well,just read label make sure they kill eggs too. If you go the latter rout, you should bomb the house 2-3 times. You also need to move furniture, remove cushions, and open doors and cabinets to expose air. That is why hiring a professional is the best bet, because they will come back until problem is solved. Best regards, Brian Date: Fri, 1 Oct 2010 15:00:02 -0700 From: mommajones22@yahoo.com Subject: the house To: click4joy@msn.com the house is.now covered with fleas and ants. an exterminater needs to be called immediately-the., childrem are covered in bites i have had to bring them to the doctors several times and they say they are flea bites we see them jumping all over the house they must of come from the animals downstairs because i p. not have animals. also i was wondering if you had any luck with a door for the'fireplace? it is a safety hazard for the children and also another way bugs are getting in.also a few outlets just, stopped working which is kinda of scary because I'm wondering if there is an electrical issue in the- house that can cause a fire! please contact me asap so we can resolve these issues. thank you- ! . 10/7/2010 10i27/2010 12:58 (508)862-9999 'Nasser Firm Page 1/2 10/26/10 To: Town of Barnstable Repilatory Services Thomas F. Geiler,Director Public Health Division Thomas McKean,Director 200 Main Street, llywmis,MA 02601 Attn.: TIM O'CONNEL Fax#: (508) 790-6304 No. of Pages Sent: 2 From: Landlord Re: 28 Janice - proof of repairwork THANK YOU! Y i 10i27/2010 12:58 (508)662-9999 'Nasser Firm Page 2/2 Ready-Boater, Inc. I i� 17 Jan Sebastian Way nvo Number. 43043 P_O. Box371 Invoice Date: 1023f10 Sandwich, MA 02563 Voice: 508-88&6055 Fax 508-88&0242 Brian Wasser 28 Janice Ln. 43 Forest Glen Road Hyanis,MA 02601 Hyannis,MA 02601 I t 4 C.O.D. ! Jim 1023110 Remove and replace faulty auto feed with new auto feedtbackflow combo. Install new ball valve. Install 5i 7 04 new draw-off on T floor. Purge station. Checked for leaks_ Purged air from heating system. Checked heat operation on both floors.At this time circulator pump functioning Fine. One year gurantee on auto feed i I ji i I Total Invoice Amount T i 517.00 Check/Credit Memo No: P... nt{Credit A led r3 S } y Thank you for your business! Fax Send Report OCT-22-2010 09:05 FRI Fax Number • 15087906304 Name BARNST HEALTH Name/Number 915088629399 Page 3 Start Time OCT-22-2010 09:05 FRI Elapsed Time 00'32" Mode STD ECM Results [0.K] Town of Barnstable RARMABLK; Regulatory Services 'o ThomaR F.Geiler,Director Public Health Division Thomas McKean,Director 200 Main Street, 11yamiis,MA 02601 �g^o I �y14„i 1�:r'�II l�}� '•'m d i�,,b�Tx��; {^4 lip k MI VMSAd WMIi k ItWFteY µw {flab -��. DATE: 0^��T 1 0 P NUMBER OF PAGES 1'0 FOLLOW: 1 TO: FROM: iA 1110NE: P.HONF:- (508)$62-4644 FAX PHONE: FAX PHONE: (508)790-6304 cc: — - NOTF.S/C.OMMENI;S: 11iS0/2010 03:56 (508)862-9999 }/Passer Firm Page 2/2 iL Bayside Electrical Contractors,Inc. Invoice: 102101 372YarmouthReadHyannis MA02601 Date Due Date S1llTo „f#� Brian Wasser 28 Janice Lane lily annis MIA 02601 Please check boxlf you would like to receive your invoicesbg email. BaLuoe)Due $0.00 I:�mai1 address`.Enterhere: , Bayside Electrical Contractors,Inc. 372Yannoutlr Road liyannis MA02601 Phone 50&771-7210 Fax 508-.771-6617 ban Dow"oa Q9 )Etude Amo®t Replace 4receirtacles:anin6 Room,2Bedrooms and Bathroo:r. ServiceUor lournenmanLabor 1 80.00 80.00 ServiceLabor Apprentice Labor 1 50.00 50.00 Travel Travel charge 1 1850 18.50 15.A Receptacle 15ARecepiacleTR 3 2:75 8.25 ti A l ate fee of S0.00 will automatically be added to all Total $06 5 invoices not paid within 30 days $-15675 Balm Dw $0.00 Phone# 508-7717770 Fax# 508-T11-6617 lrrondy@lragsidzeleccom wwwbaysideeleccom J. . .-L.• • . .• fi_.—_ oF`"E'Qwtio Town of Barnstable Q�PP v Public Health Division` �, mm��mmvvs•.00 BARNS ABLE. • ® Q/ MASS. 200 Main Street 1 vY�p 639 •� ' PITNEY BOWES 1 - �FONu+ Hyannis,MA62601 . @@p o5•15�p�0 + E 0004606238 OCT12 2010 MAILED FROM ZIPCODE 02601 j' 1 7008 3230 0002 5177 9602 j � .. .. .. . - Susan Quealy-Wasser PO Box 1978 Hyannis, A 02601 1-0 Li 4L j J-:f --"7,.8S ':i i}1.•J ���/:!)9t.�f�J'/IYf��liftlll'll�llil'lfllltit��lt'�1lt I,I��liliJ��l i' i� SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY i Fill! Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X p Agent ■ Print your name and address on the reverse O Addressee >,a so that we can return the card to you: B. Received by(Printed Name) C. Data of Delivery i ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: Q No i Susan Quealy-Wasser r � PO Box 1978 I Hyannis,MA 02601 3. Service Type �ertified Mail ❑Express Mail , 1 ❑Registered Wetum Receipt forMerchandise ❑Insured Mail (�C.O.D. i 4. Restricted Delivery?(Extra Fee) ❑Yes 2` i 7D08 3-qa2311- 0002 5177 9602 (Transfer fronrservice labeo r ! :; PS Form.3811,rebruary 2004 Domestic Return Receipt 102595-02-M-1540 it +i L 14 4. S t 1�.-1 —.L.1!1 t l - i f Certified Mail#7008 3230 0002 5177 9602 P�� eroti Town of Barnstable r, Regulatory Services *' RARN$TABLE,I• SAS;;. a Thomas F. Geiler,Director RrF°"' `A' Public Health Division Thomas McKean, Director w - 200 Main Street, Hyannis,,MA.02 601 Office: 508-862-4644 Fax: 508-790-6304 - October 7, 2010 Susan Quealy-Wasser PO Box 1978 Hyannis,MA 02601 NOTICE TO ABATE VIOLATIONS'OF 105 CMR 410.000, STATE SANITARY CODE II —MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE CODE CHAPTER 170. The property owned by you located at 28 Janice Lane, Hyannis was inspected on October 7, 2010 by Timothy B. O'Connell, R.S., Health Inspector for the Town of Barnstable. This inspection was conducted on the basis of a complaint received by the Town of Barnstable. The following violations of the State Sanitary Code were observed: 105 CMR 410.351 -Owner's Installation and Maintenance Responsibilities. Outlets within first floor bedroom and second floor bedroom were not working. G.F.C.I outlet within bathroom not working properly (i.e does not trip).. Multiple outlets missing face plates. 105 CMR 410.500- Owner's.Responsibility to Maintain Structural Elements Window within bathroom has a gap between storm window and main window frame which prevents it from being weather tight as above code requires. 105 CMR 410.200 (A)- Heating Facilities Required: The baseboard heating system on second floor was observed not to be functioning. 105 CMR 410.550(B): Extermination,of insects, Rodents and Skunks. Fleas were observed through out dwelling. QAOrder letterMousing violations\28 janice.doc i You are directed to correct the violations listed above within twenty-four(24) hours of your receipt of this notice by repairing heating system so that the second (2"d) floor baseboards function as intended. You are directed to correct the violations listed above within fourteen (14) days of your receipt of this notice by.exterminating fleas with a professional licensed exterminator. You are directed to correct the violations listed above within thirty (30) days of your receipt of this notice by fixing all electrical outlets so they are in good working order; by installing face plates on all outlets and switches; by repairing said window so that it is weather proof and water tight. You may request a hearing y re q g before the Board of Health if written petition requesting same" y is received within ten(10) days after the date the order is served. ✓Non-compliance will result in a fine of $T00.00 per violation"' Each days failure toy comply with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please.contact the.Town =_ Health Division,and ask to speak with the inspector who performed the inspection.;-f PER ORDER OF THE BOARD OF HEALTH Vasa cKean R S: CHQ Director of Public Health- - ' Town•ofBarnstable Cc: Caline Jones:=tenant J r v e Q:\Order letters\Housing violations\28 janice.doc . - +�i,+�r,M...icy-,t'�'4.,.^.••�-r,•'�^•w--�—T`-�.ry... r FORM'30w HOBBS&WARREN'" THE COMMONWEALTH OF MAS"SACHUSETTS � s ' ;BOARD OF H TH r + CITY/TOWN W 4 EPARTMENT ADDRESS ' t GSM sey`0 I TELEPHONE_ Address.r 4— Oc 4 cupan Floor Apartment No. No.of Occupants No.of Habitable Rooms No.Sleeping Rooms No.dwelling or rooming units o.Stories .Name and address of owner— Remarks Reg. Vio. .- -YARD ��_ _ R Out_Bld s..:_Fences:__-_ �_ _ 1- Garbage and Rubbish f ` Containers: f Drainage i Infestation Rats or other: STRUCTURE EXT. Steps,Stairs, Porches.- Dual Egress:and Obst'n.: A ❑ B ❑ F . ❑ M Doors,Windows`. I Roof r� ✓ Gutters, Drains: li Walls: Foundation: Chimney: ABASEMENT Gen.Sanitation: Dampness: l Stairs: Li htin : STRUCTURE INT. Hall,Stairway: / Obst'n.: Hall, Floor,Wall,Ceiling: Hall Lighting: - ,- Hall Windows: _ _HEATING _ Chimneys: -,Central ElY ❑ N E ui . Repair r/� v� �I TYPE: Stacks, Flues,Vents: PLUMBING: Supply Line: ❑ MS ❑ ST ❑ P Waste Line: , H.W.Tanks Safety and Vents -- ELECTRICAL Panels, Meters,Cir.: ❑ 110 ❑ 220 Fusing,Grnd.: JI AMP: Gen.Cond. Distrib. Box: Gen. Basement Wiring: DWELLING UNIT Ventil. L to Outlets Walls Ceils. Wind. Doors Floors Locks Kitchen Bathroom , ' `' M I'll 7 s' Pant _1 � �la ► p ( t `� Den I -.✓ Living Room (� Bedroom 1 Bedroom 2 Bedroom 3 Bedroom 4 V Hot Water Facil. Sup.Ten.,Gas,Oil, Elect.: j Stacks, Flues,Vents,Safeties: Kitchen Facilities Sink Stove Toilet Facil. V .Bathing,To n PI ni 'n Vent., umb ,Sa t . Wash Basin, Shower-or Tub: Infestation Rats, Mice, Roaches or Other: TX04­0 "(f , j 7� Egress 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 s,`7 AUTHORIZED INSPECTOR. (See Over) { "THIS INSPECTION REPO T S SIGNED AND CERTIFIED UNDER THE PAINS AND PENALTIES OF PERJ R INSPECTOR TITLE DATE TIME 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 those 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 410.100 through 410.620 state minimum requirements of fitness for human habitation, any other violation has the potential to fall within this category in any given specific situation but may not do so in every case and therefore is not included in this listing. Failure to include shall in no way be construed as a determination that other violations or conditions 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 such violation(s)pursuant to 105 CMR 410.830 through 410.833 nor shall failure to include 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 CMR 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) Shutoff and/or failure to restore electricity or gas. (D) Failure to provide the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253 and the lighting in com- mon 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 disposal 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 any object, including garbage or trash, which prevents egress in case of an emergency 105 CMR 410.450, 410.451 and 410.452. (H) Failure to comply with the security requirements of 105 CMR 410.480(D). (1) Failure to comply with any provisions of 105 CMR 410.600, 410.601 or 410.602 which results in any accumulation of gar- bage, 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 Ieadbased paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public Health Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000. (See M.G.L. c. 111 @@ 190 through 199.) (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 safety. (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 facilties 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 defect in asbestos material used as insulation or covering on a pipe, boiler or furnace which may result in the release of asbestos dust or which may result in the release of powdered, crumbled or pulverized asbestos material in violation of 105 CMR 410.353. 3 (N) Failure to provide a smoke detector required by 105 CMR 410.482.. (0) 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 inoperable. (2) Failure to provide a washbasin and shower-or bathtub.as required•in, 05 CMR 410.150(A)(2)and 410.150(A)(3)or 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, gasfitting, or electrical wiring standards that do not create an immediate hazard. (4) 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. (P) Any other violation of 105 CMR 410.000 not enumerated in 105 CMR 410.750(A)through (0)shall be deemed to be a con- dition 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. CUSPS - Track & Confirm Page 1 of 1 P05W.SERVIGEe Ho..me. I Kelp k .0 .caws..» isx � ra%ram' - •. -:: Track&Confirm Track & Confirm Search, Results Label/Receipt Number:7008 3230 0002 5177 9602 Service(s): Certified Mail" Status: Delivered Enter Label/Receipt Number. Your item was delivered at 11:34 am on November 01,2010 in HYANNIS, - ---,-- - -• MA 02601. Detailed Results: • Delivered, November 01,2010,-11:34 am, HYANNIS, MA 02601• • Unclaimed,October 30.,2010,6:26 am, HYANNIS',-MA 4i.e riai, Qjsi m.e'serii; Fr irr .zr-, C 7,:3^;C €c C' €"s of Use; ?t:s^ ;€ ..is Copyrigh 201 O USPS,All Rights Reserved , . No:-EAR =' f aLv F01 �. �: 3 http://trkcnfrml.smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do 12/22/2010 ! - Page 1 of 3 O'Connell, Timothy From: Carlene Jones [mommajones22@yahoo.com] Sent: Monday, December 27, 2010 12:36 PM To: O'Connell, Timothy Cc: Robert.zeida@gmail.com Subject: Fw: 28 Janice lane Yes there is another bathroom on this floor but it is only a shower, our children are age 2 and under they can not use a shower yet. We have been making them use the upstairs bathroom but with me just having a baby going up and down the stairs carrying children back and forth is not that easy for me, which I understand is my own personal problem. My son just began potty training and running him all the way upstairs is not making it easier to potty train, also when we have guests over they also use this bathroom because the other bathroom is located in a bedroom. I am willing to do anything to get it fixed if the landlord would like to be present for it then I will see if my lawyer will be able to be present too, if not thats fine I will stay out of his way as long as he stays in the bathroom I want him to understand this doesn't give him full acess to the whole house. And if you recall these legal problems began when I filed this complaint against him because I tried to address these issues with him via email which I have . fowarded to you and when he would not fix them I filed a complaint to get these issues adressed. Thank you for all your help and I'm sorry you have gotten tangled in this mess, I understand how ridiculous this has become for you with the he said she said back and forth when at the end of the day the problems just need to be fixed no matter what either one of us say!! Thank you, Carlene Jones ----- Forwarded Message ---- From: Brian Wasser <lawclaims@msn.com> To: timothy.oconnelI@town.barnstable.ma.us >; Cc: robert.zeida@gmail.com; mommajones22@yahoo.com Sent: Mon; December 27, 2010 12:12:50 PM Subject: RE: 28 Janice lane Mr. O'Connell: I can appreciate your official duties, however, you are not fully apprised of the untenable situation landlord is facing. Requiring landlord to expose himself to phony legal claims by unscrupulous tenants is, with all due respect, beyond the authority of your department. Much of what you are not aware of arose in the context of pending litigation, including,but not limited to, false and defamatory counterclaims by tenants. Unfortunately, it would be imprudent to specify further and probably not worth your time to review the pleadings. The trial is scheduled for January 6, 2011. Please apprise your superiors of this timetable, and let them know any heat loss is at Landlord's expense and tenants and their children have THREE FULL BATHROOMS, and 2 are on the same floor as the window in question. I only use professional contractors for window replacement, and my contractor has informed me that it's currently 2-3 weeks out to order a replacement window. Thus, for the reasons stated above,, a replacement will not be possible in the time frame sought. 12/27/2010 I Page 2 of 3 That said, I accept your 2nd option of making the window "weather tight." For this, my contractor need only access the outside of the house,which means I will not have to be present to ensure his access, and thus require the presence of tenants' attorney as well. A licensed contractor is prepared to make the window area "weather tight" under the assumption the window itself is not broken,by use of foam sealant, and 4 mil.plastic sheeting. I expect the contractor to be at the property to address same TODAY @ approximately 2:00 PM. If this sounds like an acceptable measure to you and your superiors,please confirm same. Thank you, Brian W. Subject: FW: 28 Janice lane Date: Mon, 27 Dec 2010 08:01:22 -0500 From: Timothy.00onnell@town.barnstable.ma.us To: lawclalms@msn.com CC: mommajones22@yahoo.com Brian, I received this e-mail from Ms. Jones and according to her, a contractor can access this home. This is a situation that should be addressed due to bad weather and the time of year, along with it being 36 days since you were required to correct violations. As she stated the owner does not need to be present. I feel both sides need to cooperate on this situation and again according to this e-mail she is willing to do her part. After receiving your e-mail I do understand that there is a tenant, landlord dispute. Although this does not relief you from your obligation of fixing this window. I must enforce the State Sanitary Code and not get involved in "he said, she said". As both these a-mails reflect. After consulting with my superiors I will need said violation corrected by January 3, 2011 or citations will be issued. A date/time must be setup that both parties agree on and this must be. addressed. This window can be replaced or made weather tight. Thanks for your attention iiitcrtl7g i13 O'Lxrnrrrll, +R.§ +1i.r,,it:tlt �Ins}rrrtil.r &Ouln 1117 +�3 rrnst,rlr.lr �Uflrzatlll i�risirrzt -----Original Message----- From: Carlene Jones [mai Ito:mom majones22@yahoo.com] Sent: Thursday, December 23, 2010 4:03 PM To: O'Connell, Timothy Subject: 28 Janice lane I saw the email Brian sent you, workers can come here to repair the work anytime I would like a 24 hour notice so I can clear it out for them and also to prevent any damage to my belongings as well,but if not that is fine too I will just be happy to have it fixed because that is the childrens bathroom and it gets very cold in there. I am on maternity leave from work until January 16th so I will pretty much be home all day everyday until then.I do not see a reason for the landlord to be present for this though. 12/27/2010 Page 3 of 3 Thank you, Carlene Jones 12/27/2010 I .,Message Page 1 of 1 O'Connell, Timothy From: O'Connell, Timothy Sent: Monday, December 27, 2010 8:01 AM To: 'lawclaims@msn.com' Cc: 'mommajones22@yahoo.com' Subject: FW:.28 Janice lane Brian, I received this e-mail from Ms. Jones and according to her, a contractor can access this home. This is a situation that should be addressed due to bad weather and the time of year, along with it being 36 days since you were required to correct violations. As she stated the owner does not need to be present. I feel both sides need to cooperate on this situation and.again according to;this e-mail she is willing to do her part. After receiving your e-mail I do understand that there is a tenant, landlord dispute. Although this does not relief you from your obligation of fixing this window.. I must enforce the State Sanitary Code and not get involved in "he said, she said". As both these e-mails.reflect. After consulting with my superiors I will need said violation corrected by January 3, 2011 or citations will be issued: A date/time must be setup that both parties agree on and this must be addressed. This window can be replaced or made weather tight. Thanks for your attention ti1111ot.h� TA WT till rtLAI, Uf ... c �tYal It Jzzs}reriirr Tt7iurt czf +�i�xrztslirlr 197pnllh ±JiuisiLilt -----Original Message----- From: Carlene Jones [mailto:mommajones22@yahoo.com] Sent: Thursday, December 23, 2010 4:03 PM To: O'Connell,Timothy Subject: 28 Janice lane I saw the email Brian sent you,workers can come hereto repair the work anytime.I would like a 24 hour notice so I can clear it out for them and also to prevent any daniage to my belongings as well,but if not that is fine too I will just be happy to have it fixed because that is the childrens bathroom and it gets very cold in there. I am on maternity leave fromwork,until January 16th so I will pretty much be home all day everyday until then.l do not see a reason for the landlord to be present for this though. Thank you, Carlene Jones LL 12/27/2010 t BRIAN JAY WASSER ATTORNEY AT LAW J.V.`'%,x 1978 Xyannio,AMQ V26VI (508)862-9999 1awc&inrana msn.cam July 23,2010 Mr.Timothy B.O'Connell,R.S.,Health Inspector Town of Barnstable _ Public Health Division 200 Main Street Hyannis,MA 02601 Dear Inspector O'Connell: This office has been retained to represent Susan Quealy-Wasser concerning your letter dated June 23,2010 and received July 14,2010. Please be advised our client is fully commnitted to cooperation and compliance with the law, however,laws conflicting with State or Federal constitutions are,and should be,invalidated. Despite good intentions the rental registration program you reference appears to be in conflict with values and principals of an even greater importance to our community. These include constitutionally protected rights of privacy,equality and property. It is axiomatic that protection of our constitutional civil rights is paramount to a healthy and free society and serves the best interests of our commmunity. The registration program,in summary,requires homeowners operating a rental property within the Town of Barnstable to pay$90 per year to cover the cost of the program's annual inspections. The registration program does not,apply equally to`all property owner s,as many areexempted. Ownership of a rental property prior to the creation of the-registration,program iis not listed among'the exemptions.'Thus, no"grandfather"clause or other.consideration is provided for those who purchased rental`property in reliance upon the laws as they existed at the time of purchase. Non-compliance with the program can result in further costs and penalties ultimately leading to criminal liability to the non-compliant homeowner. Examples of where the rental registration program appears to exceed its authority are as follows: l. Inspections based upon annual,routine scheduling constitutes a warrantless search and seizure in violation of state and federal constitutional guarantees of an individual's privacy and security in their persons and houses. a .2. In the event a warrantless search uncovers violations,the non-compliance with which could ultimately lead to criminal liability,same would violate the constitutional guarantee against:self- *- incrimination. ,� y 3. The rental registration program's exemptions of certain property owners who are not otherwise 'y subject to annual,routine inspections violates the constitutional right to equal protection. t Additionally,as non-rental properties,such as primary residences,are exempt from the annual co inspections,there appears to be no rational basis for the law in fulfilling its stated purpose. Similarly,charging a fee is a deterrent to safety inspections,as contrasted with safety inspections --- perfonned free of charge by other departments. 4. Under the original and common system of enforcement whereby inspections are supported by probable cause triggered by a complaint under oath or affirmation,the cost of such inspections are born by the community via the general,taa fund. Under the'rental registration program,the cost of community-wide,routine inspections are imposed upon`select homeowners. This inequitable c.a .. inconsistency implicates both the constitutional right to due process as well as equal protection, and may further be the result of an invalid and inappropriate use of a municipality's power to tax and impose fees. 5. Application of the registration program to pre-2006 homeowners may violate due process and for all homeowners subject to registration,their property values are decreased by at least$90.00 per year. Such decreases in property value by a government may constitute a"taking"whereby the Town is required to compensate such homeowners for the value of the taking. 6. Information required by the registration"application"raises additional concerns. Homeowner's who reveal personal and protected information about tenants expose themselves to liability from third-party claims for breach of privacy;certain information about the homeowner appears to have no relation to the registration law's stated purpose,such as the age of the homeowner;and disclosure of other information is questionable on grounds against self-incrimination,given the stated purpose of the inspections and ultimate consequences to non-compliant homeowners. 7. Collateral rights and obligations governed by landlord-tenant law and contract law militate against a landlord permitting routine inspections of leased premises. Landlords are bound to preserve the quiet enjoyment of their leased premises and the law limits a landlord's right to enter the premises, either directly or through an agent(i.e.,government officials). The above is not an exhaustive list,yet is intended to provide a sense of the broader issues at stake. For her owrrsake and the sake of the community at large,our client cannot,in good conscience, c permit warrantless inspections by govermnent officials that unreasonably interfere or encroach upon the rights and liberties guaranteed by our State and Federal constitutions,or subject her to third-party liability. r ` To do so would be grossly irresponsible and unpatriotic. This is not to suggest,however,that the health and safety of an individual residence is not important. Our client does much to ensure the health and safety of her property and,interestingly enough, our client is the only homeowner in the Town of Barnstable who for years has requested routine fire safety inspections of her property. F In light of the above,our client is faced with a bit of a dilemma with respect to complying with the rental registration program and requests further guidance from the Town so as to ensure a harmonious resolution. If the rental registration program is not unconstitutional as written,or as applied,please advise as to how a homeowner such as our client should proceed so as not to offend constitutional protections, landlord-tenant law and contractual obligations on the one hand,and the rental registration program on the other. For the good of the community as a whole,we greatly appreciate your consideration,patience and cooperation in working out these important issues. Thank you. Very 1 yours, Brian J. Wasser,Esq. COMPLETE •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sign item 4 if Restricted Delivery is desired. ell ❑Agent ■ Print your name and address on the reverse C`Addreesee so that we can return the card to you. B.Received by(Printed Name) C. Dat of D avery ■ Attach this card to the back of the mailpiece, A419V 05)�� or on the front if space permits. D. Is delivery address different from item 1 IFej 1. Article Addressed to: If YES,enter delivery address below: ❑No Lusser-Quealy ox 1978 MA 02601 3. Service Type VIDertified Mail ❑Express Mail ❑Registered FILBetum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number =701J8 3230 0002 5177 9213 10 j (Transfer from service/abed PS F6rm'3811 Febivary 2004','` ` Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS * Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • "fown of Barnstable "j Public Health Division 200 Main Street Hyannis,'NIA 026..01 4 _ "ki.ti4en Web Request Page 1 of 2 y .F Citizen Request Management - Internal Use (� k .w,/ Request ID: 31426 Created: 7/2/2010 1:13:42 PM Status: Assigned To Staff Assigned To: O'Connell, Timothy Health Office Anonymous: No Category: Section 353-1 Garbag( and Rubbish E.C. Date: 7/19/2010 'Created By: Wadlington, Ellen Citations: Health Office IT'ime Worked. 1.00 Response Time. 1.00 r -Re.questor Details. : .Email V . }} V Request Location. 28 JANICE LANE Hyannis, Ma 02601 .. __ Parcel Number: ti { Map 307 Block 274 Lot 000E Request Unregistered rental; lots of garbage, boxes and trash on eithe rside of bulkhead; seems as if some one is living in basement. See previous report ID-30991. Is on BIRST list. Request Work History: E l Entered on 7/2/2010 3:02:25 PM by O'Connell, Timothy This property has been put on BIRST for overcrowding. I will look into trash problem on 7-6- 10. Internal Note History: �....._.,_,..._. . System entry on 7/2/2010 1:13:42 PM: Assigned to O'Connell, Timothy http://issgl2/intemalwrs/WRequestPrint.aspx?ID{31426 t w`t 7/7/2010 Town of Barnstable OfTME rpm Regulatory Services n �P` o Thomas F. Geiler, Director Public Health Division * BARNSTABLE, * ' y MASS. ( Thomas McKean, Director i639* 200 Main Street FD MAC Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 June 23, 2010 Susan Wasser-Quealy PO Box 1978 Hyannis, MA 02601 As of October 1, 2006 a new rental registration ordinance was put into affect requiring all property owners of rental units to register their rental units with the Town of Barnstable Health Division. According to our records, you own the rental property at ,28 Janice Lane, Hyannis, MA . . Enclosed is an application. Please use a,separate application for each rental unit you own. Should your need more applications, they are available online at NvNN,,w�.town.barn stab e.ma.us. Go to the Health Division page by looking in the Department Menu. There is a link to the Rental Registration information on the Health Division page. You may print out as many as you need, and return them to the Health Division with the appropriate 2010 fees included. This must be completed within (14) fourteen days of your receipt of this letter. Failure to comply with this ordinance will result in the issuance of a non-criminal ticket citation in the amount of$100. Each day of non-compliance is considered a separate offense. Should you have any questions, please feel free to call 508-862-4644. . Thank you in advance for your cooperation. Timothy B. O'Connell, R.S. Health Inspector Health Division Direct #508-862-4646 1 i i I. I I i C 9 I i I I . I i i • i Date: 2127/ 0 l_ PARTIES In consideration of the mutual promises,obligations and agreements herein set forth the parties hereto agree as follows: I - Man Wassei&Susan Queerly-Wasser their 5uccemcors and/or Assigns Brian Wasser P.O.Box 1978,Hyannis,MA 02601 Work: (508}862-9999; Cell:,.)774)238-0090 (Name) (Address) (Telephone NO i hereinafter celled `Landlord",hereby leases to Carlene Jones and Nina Jones (Tennant) Home.((774).,67"135 Cell:(774)2 1007 Prior Permanent Address. t r"r` � }©`�a _ ons and liabiliti arising out of this and farther binds as obligors for payment of rent and all other tenant obligati agreement, i (Address) (.relcpho-No.) at last address:, Years][Tenant s length of time residing Premises de hues from Landlord,the Leased. S�n�in Paragraph 2. hereinafter called"Tenant"; and Tenant hereby 2. LEASED PREMISES 1. TENANT IS HEREBY NOTIFIED of important rights and responsibilities contained in Chapter 170 of the Code of the Town of Barnstable, and in particular, §1 1704. without Responsibility of notification No person shall allow occupancy of any dwelling first notifying the occupant(s) at the time of such occupancy of this chapter and of Chapter 133, Noise, of the Code of the Town of Barnstable. The Leased Premises consist of the land and the buildings thereon now known.as and numbered 28 Janice Lane,Hyannis,Massachusetts 02601 3. 'PERM I This Lease shall be for a term of 2 Years, beginning on March 1, 2010, and ending on February 29, ; followin February 29, 2012, this Lkase shall continue 2012.Unless otherwise agreed in writing, g as a month-to-month tenancy(tenant-at-will)upon such terms as outlined in this Lease• In the he event of a discrepancy between the calculation of time(in years, months andba weeks),control. beginning and ending dates of the Lease terns,the specific date expressedeemen at th Notwithstanding the above Landlord reserves the riidtt to terminate this lease.agr ,signed e win of L.andla within the first four months of the lease term Unless otherw'rstJ agreed by1d waiting,no tenancy shall be created in unless and until all initial payments(e.g.,first,last and.:security) are advance of occapancY. In the event occupancy occurs without said initial payments, it sha1�A�b�e a and understood that no landlard tenant relationship has been created,but rather, ashort-term a�pid tempo 'use 8t occupancy arrangement,said use&occupancy not to exceed 30 days,beyond which atrespass. Time periods shall automatically extend to accommodate any contrary signed and written agieernents. Five Dollars ' Hundred every a Tenant agrees to pay rent to Landlord at the rate of one Thousanddvance s4.long as this Lease is in. (s1,525.00)per mouth on or before the FIRST day of each and rY ' force and effect. n-3 - l /7 i All rent shall be paid to Landlord by check or money order mailed to the address of Landlord s¢t forth above, or as otherwise directed in writing by Landlord. Any Pro-ration of rent for a partial month shall be calculated on a 30-day month basis (e.g., m nAbly rent,dividers by thirty and.multiplied by the number of days possessed or occupied by Tenant.) Tenant agrees to pay last month's rent to Landlord in advance of the beginning of the to i cy. dlord equal to the amount of one month's rttrrt at the beginning Tenant agrees to pay a security deposit to Lan e; of the tenancy,unless previously paid or otherwise provided Tenant further agrees and,dir that in the mi of non-payment of rent,Landlord may,at Landlord's option,convert said security deposit into r ;i money. this option nor its exercise by Landlord shall in any way release Tenant from his usual obligations under this Lease Landlord If Landlord exercises the option to and all rights of Landlord under this Lease shall be reserves by convert security deposit into rent as herein provided,Tenant,upon notification by Landlord,s#iall be obligated to repay the converted finds and replenish the security deposit to its original required balance,s i d repaymerst 10 be due and payable immediately upon said notice. Tenant shall pay an additional.charge of$25.00 for each returned check unpaid,as a handlimg charge. In the event that more than one check is returned,Tenant agrees to pay in future rents and charges its the form of a cashier's check,certified check,or money order. Tenant shall be in default under this agree.1 nt if the rent is not paid by the rent due date.If the rent is not paid until 30 days after the default,the Tenant sba pay an additional $5.00 per day as late charge for each day the rent shall remain unpaid for each breach of this(pondition Ln the event that the collection of rent must be made by the Landlord at the Tenant's residence 30 days after the default;then Tenant shall pay a twenty five dollar($25.00)eollectioa fee for each such attempted oollectiap Any charges for rent,cleaning,repairs,or any other damages sus7ained b9 the Landlord under the terms of this Agreement,that are not covered by the Security Deposit and that are not paid within 14 days after vacating the poses,shall earn interest thereafter at the rare of 18 percent per annum. The same rate of interest(18 percent per annum)shall apply competent jurisdiction determines late ein charges set forth her to overdue and unpaid rent in the event a court of are unenforceable. IT IS FURTHER AGREED AND UNDERSTOOD BY CHARACTERIZED ONT RPRBSEON 1�F.D AT TIPAID ETIME O LANDLORD, REGARDLESS OF HOW THEY PAYMENT,SHALL-BE APPLIED FIRST TO NON-RENT CHARGES,INCLUDING,BUT NOT LDXIED TO, LAST MONTHS RENT WHICH,FOR PURPOSE S OF THIS PARAGRAPH SHALL BE CONSIDERED AND DEEMED AN lNmAL DEPOSt r,TBE COSTS,CUpjW DEPOSIT,LAST TO RENT CHARMS. Ri l S INTEREST CHARGES,LEGAL FEES, D TIIAL SECURITY DEPOSIT SHALL NOT BE CONSIDERED PAID OR DEEMED A SECURITY DEPOSIT UNLESS AND UNTIL-AMOUNTS DUE ARE PAID IN FULL. PARTLAL PAYMENTS FADE BY TENANT WITH INTENT THAT TT GO TOWARD THE SECURITY DEPOSIT BE DESMEP ADVANCE �SHALLITS ON ACCOUNT MEET THE RENTAL PAYMENTS AND CREWEDAS SAME UNTIL FULL BALANCE OF SECURITY DEPOSIT DUE. I j is oon�diiiotzed upon present occupa�+if any,giving up possession o�the Leased Premises This entire agreementments or rights by prior to the Errs[day of this lease term,and the proper termination of all or any outstanding,agree the Leased Premises. Tenant may terminate the.lease if Landlord is other parties to posses or otherwise occupy within thirty days of beginning of the lease unable to provide the leased premises free of predecessor occupants term(date listed above). This shall be Tenants sole remedy at law or equity. do so with knowledge and intent that Landlord Will rely upon their Obligors who co-sign this agreement do order to induce ,Landlord to real the promise to par alp rent and liabilities arising out of this egreenteut Premises to the named Tenant. 4. CLEANLINESS be Bible the pmper,storage and Tenant shall keep the Leased.Premises in a clean conditi an Tenant shall respon fob of all a and rubbish,all in accordance with i e regular municipal or the final collection or ultimate disposal gig i private collection system. Tenant shall furnish proof of trash collection service to Landlord upon demand,the failure of which shall entitle Landlord to provide and/or arrange for said sen*ice for the prep*es and charge therefor,a hdnirrrwn of twenty($20.00)dollars per adult occupant per month. Tenant shell not permit the Leased Premises to be overloaded,damaged,stripped or defaced,nor suffer any waste,and shall obtain the written consent of Landlord before erecting any sign on the Leased Premises.The toilets and,pipes ShhU not be used for any purpose other than those for which they were constructed. Tenant shall not damp greav{e,food or other waste material down the sink drain,toilet,shower,tub or drainage pipes that could hia dog,or damage the Septic Tank. Tenant is hereby notified and agrees that any repairs,maintenance or other work performed Q�the premises by Landlord that is the fault of Tenant or that Tenant requests but is not the obligation of Landlgrd to perform under this agreement shall be billed to Tenant at the rate of$75.00 per hour with a minimum se cc charge of $75.00,unless otherwise provided for under this agreement i �esi�pedd kedged by.;Tcw s) i 5, PETS and SMOKING No dogs,birds or other animals or pets shall be kept in or upon the Leased premises without rE,andlord's prior written consent obtained in each instance- No smoking of cigarettes or any other tobacco or cloves related products will be used or oonsumed on the Leased Premises. 6. GROUNDS ble for normal grounds maintenance during the Term of this lease.VYithout limiting the Tenant shall be rnsponst ' generality of the foregoing language,Tenant shall promptly remove snow and ice from the driveway,walks and steps of the Leased Premises,and shall keep the lawn and all shrubbery neatly trimmed,teal#hy and of good i appearance. � 7. INSURANCE I Tenant understands and agrees that it shall be his own obligation to insure his personal propertY. Tenant understands and agrees that obtaining Renter"s Insumce is a requirement and obligation of`this lease agreement Tenant shall obtain Renter's Insurance for no less than SI0,000.0o in coverage for pers4 nal property and shall provide written p�of same to Landlord. Failare of Tenant to so obtain Renter's> non or to provide written proof of same shall be a breach of the emote lease agreement. i 8. COMPLIANCE WITH LAWS Tenant shall not make or permit any use of the Leased Premises which will be unlawful,inTroper,or contrary to any applicable law or municipal ordinance(Including without limitation all zoning,building or sanitary statutes; codes,rules,regulations,or ordinances), or which will make voidable or increase the cost of any insurance maintained on the Leased Premises by Landlord. In no event&A Tenant create,use or rmit the creation or use of more than one area far purposes oi'food prep aratior. Tenant acknowledges an;uunderstands that the Premises is a single-family,four bedroom residence and shall in Aso event have more t ,tan one lutchen and that the kitchen.shall be the only area designated or intended for the preparation of f.cod. Separately signed and owledged by Tenat(s) In no event shall Tenant use any ro"for sleeping quprters other tbun those that are legal bedroo Separately signed and owledged by T I s) 3n ©j/ 9. ADDITIONS OR ALTERATIONS Tenant shall not make any additions or alterations to the Leased Premises without Landlonfsiprior written consent obtained in each instance.Any alterations or additions made by Tenant at his expense may be removed by Tenant at or prior to the termination of this Lease,provided that.Tenant is not in default under this Lease and that written consent by Landlord was obtained,and prodded further that Tenant repair any resulting in to the Leased Premises and restore the Leased Premises to their forme±condition. 10. SUBLETTING,NUMBER OF OCCUPANTS Tenant shall not assign or sublet any part or the whole of the Leased Premises,nor shall he prrn it the Leased Premises to be occupied for a period longer than a temporary visit by any one except the ind'i idual(s)specifically named in the first paragraph of this Lease, and their immediate family members, (e.g.,their Wovse,children,and any children born to them during the Term of this Lease,or any extension or renewal thereo$,without first obtaining on each occasion the consent in writing of Landlord. Notwithstanding any such Wnsent,Tenant shall remain unconditionally and principally liable to Landlord for the payment of all rent and for.4he full performance of i the covenants and conditions of this Lease. A temporary visit shall mean no longer than a sipgle, overnight stay from and including Sundays through Thursdays or two consecutive Overnight stays on Fridays and Saturdays for any given week,but in no event for more than four consecutive fiscal weeks. For purposes o f this paragraph,a given week runs Sunday to Saturday. (For example, an overnight visitor,Sundays through Thursdays,would prohibit any further overnight visitors for that week. After four consecutive weeks of such vlsrtations,Tenant's required to wait one full week before permitting additional overnight visitors). As stated preciously,any variations in this restriction may be accommodated by obtaining prior written consent of Landlord for etch occasion. Any breach of this paragraph by Tenant sha11 make Tenant liable to Landlord for the additional sum of$25.00 per unauthorized visitor per day for each unauthorized night's stay. In no event shall the premises be occupied for a non-temporary period by more than 6(sh)iEndivi.duals,regardless of age and fatally relationship. This provision is intended to prevent damage caused by oveAoading of the I premises,including but not limited to,its septic Vstcm. 11: UTILITIES Gas,electricity and water shall be paid by Landlord. -Wsfer- sewer-, tare aer i I � 12. ENTRY Tenant shall permit Landlord to enter the Leased premises prior to the termination of this l;lease to inspect same,to make repairs thereto (although nothing contained in this Paragraph shall be construed to require Landlord to make any such re airs), or to show the came to prospective tenants,pumhasers,or mortgagees,Landlord shall also be entitled to enter the Leased Premises if they aPP been to have abandoned by Tenant or otherwise,as permitted by Law. Any person entitled to enter the Leased premises m accordance with this paragraph may do so through his duly-authorized rep posse Tenant shall be informed in advance o5I Landpropo try time within three Wherever before the expiration of the Term of this Lase,Landlord may affix hereunder.At any such notice so affixed to any suitable part of the Leased premises a notice for letting or selling the same and keep± without hindrance or molestation 13. LOCKS AND KEYS Lacks shall not be changed,altered,of replaced nor shall new locks be added by Tenant 4thout the written permission ofLandlord. Any locks so permit ted to be installed shall become the property of Landlord and shall not 4/7 V I be removed by Tenant. Tenant shall promptly give a duplicate key to any such changed,al replaced-or new lock to Landlord,and upon termination of this Lease,Tenant shall deliver all keys to the Premises to Landlord. 14, REPAIRS Subject to applicable law,Tenant shell keep and maintain the Leased Premises and all equi ent,MrsOnal Rmpett and fixtures thereon or used therewith repaired,whole and of the same kind,qualm and description and in such good repair,order and condition as the same are at the beginning of the Term of this .ease or may be put in thereafter,reasonable and ordinary wens and tear and damage by fire and other unavoidable�sualty only excepted. If Tenant fails within a reasonable time to make such repairs or replace rent,or makes them'amproperly,then and in any such event or events,Landlord may(but shad not be obligated to)make such repairs of�replacements and Tenant shall reimburse Landlord for the reasonable cost of such repairs,replacements,or replaent value,in full, as additional rent,upon demand Without limiting the generality of the fotggoing larimm Tenant will not be responsible for;the failure of major app�ianoes such as any Stove Dishwasher or Refrigerator unless by Tenant's own neglureQce or the negligence of any Quests of Tenant *NoWthstanding the portions of paragraph 16,the Leased Premises are being lei to Tenant without the promise or consideration�personal property,including but not limited to,major appliances. Any personalty belonging to Landlord that remains on the Leased Premises may be used by Tenant but is in situ way a surrender of ownership by Landlord. Further,Tenant shall not rely on the use and enjoyment of am permnal property belonging to Landlord as part of Tenant's tenancy nor shall Tenant make his use or enjoyment of any of said personalty a condition of the payment of any rent due Landlord Tenant shall be liable to LandlOrd for damage caused to any of Landlord's personal property that is kept,used or cowrolled by Tenant, including fire or any other mwaity insulting from Tenant's negligence or the negligence of any of Tenant's guests. Tenant shall not remove any of Landlord's personal property from.the Leased Premises without the Landlord's priorztvritten consent Tenant shall notify Landlord, in wrixiug,of any personal property belonging to Landlord that Tenant does not wish to use, keep, control or be responsible for. Following said notice,the unwanted personal property .i.ay"be removed by the Landlord,or,in the alterative,Tenant may place any such item or item in a storage area designated by Landlord. 15. LASS OR DAMAGE Tenant shall indemnify Landlord against all liabilities,damages and other expenses,including reasonable attorneys'fees,which maybe imposed upon,W= red by,or asserted against Landlord by i+eason of(a)any failure on the part of Tenant to perform or comply with any covenant required to be performed or aoraplied with by Tenant under this Lease,or(b)any injury to person or loss of or damage to proper'sustained or oc u . ,on the Leased Premises on a000unt of or based upon the act,omission,fault,negligence or misconduct of dry person whomsoever other than Landlord j I 16. EMBiEN1'DOMAIN If the Leased Premises or any part thereof shall be taken for any purpose by exercise of they power of eminent domain or condemnation or shall receive any direct or consequential damage for which La lord or Tenant shall be entitled to compensation by mason of anything lawfully done m pursuance of any public aviltority,them this Lease shall terminate ai the option of Landlord or Tenant and such option may be exercised in case of any such taking, notwithstanding that the entire interest of Landlord may have been divested by such taking If this Lease is not so terminated,then in case of any such taking of the Leased Premises rendering the same or any part thereof unfit for use and occupancy,a just and proportionate abatement of rent shall be made. Any termination of this Lease pursuant to this paragraph shall be effective as of the date on which Tenant is required by tite taking authority to vacate the Leased Premises or any part thereof,provided however that Landlord shall have;ithe option to make such termination effective upon,or at any time following,the date on which said taking becomo 1eBally effect ve. 17. TERMINATION I 5/7 i_ Tenant represents and agrees that if this Lease or any resulting tenancy,is ternumat or"not renewed for . any reason, and there exists at the time of termination or non-renewal,a rental market where the demand for leased premises exceeds the supply,that Tenant will be able to set up residence at Tenant's prior add'' a friend's or relative's residence. Tenant further represents that by moving to the prior address or a friend.or relative's residence,neither he nor any member of his fautily will be significandy burdened.or prej�sdk4 by said move. Tenant further agrees to update the information and representations made in this Paragraph 17,,in the event of a change,and notify Landlord promptly in writing if the conditions and affect on Term cease to be as described. The number of times a tenant may cure non-payment under M.G.L, c. 186§ 11 is hokby limited to one(1) time. All Notices to uit that are 'for cause' shaU be deemed to terminatJthe tenancy at the commencement of the neat rental period after thirty dM&regardless what is actually stated within said notice. i TENANT ACKNOWLEDGES AND AGREES THAT THE NOTICE TO QUIT FOR NON-PAYMENT AND NOTICE TO QUIT FOR CAUSE ATTACHED HERETO AS EXHIBITS A AND B,RESPECTIVELY,ARE IN AN ACCEPTABLE FORM AND SATISFACTORILY MEET LEGAL NOTICE REQU41RVIENTS, THIS IS TENANTS FULL AND FAIR OPPORTUNITY TO REQUIRE CHANGES OR ALTERNAMVF_S TO THE ATTACHED NOTICES TO QUIT AND AS SUCH,'TENANT HEREBY WAIVES ANY RIGHT TO OBJECT TO THE ADEQUACY OF THE NOTICES TO QUIT CONTAINED IN EXHIBITS A AND B. j i TENANT FURTHER AGREES TO COOPERATE WHEN AND IF PRESENTED WIZT3 A NOTICE TO QUIT BY SIGNING A COPY PROVING RECEIPT BY TENANT. Attprnevs Fees ' ii. For any and all disputes arising out of this Lease or the use or occupancy of the Leased Premises, including but not limited to,summary process,Tenant shall be liable to pay the Landlord's total costa and reasonable at#orney's fees associated therewith,N Landlord prevails on any issue mf a dispute- I. Separately signed and ackno edged by Tenants) 18. CONSTRUCTION applicable If any paragraph,part,term,ptronnston or portion of this Lease is determined to be unenforceai ble under law,it shall not effect the remaining terms of the Lease and said remaining terms of the Lease shall be enforced to the fullest extent possible. If two or more persons are named herein as Tenant,their obligations hereunder shall be joint and several. The captions and marginal notes are used only as a matter of corrvenienoC and are not to be considered a part of this agreement or to be used in detin;ng the intent Of the parties to it Wherever the context so requires,the singular shall include the plural, and vioo-versa,and the feminine shall inchWe the masculine and neuter,and vice-versa. The failure of Landlord to enforce any rights or obligations hereun&r shall in no way be construed as a waiver or release of any rights or obligations created or arising out of this Tom- Any modifications in writing and signed by all parties. Terms of addendums shall or alterations of this Lease are required to be supersede non-addendum terms, i WARRANTIES AND REPRESENTATION ACKNOWLEDGMENT Tenant acknowledges and accepts that Landlord may title to premises to another individual or entity,and said entity may be of the limited Liability nature(e.g.,LLC or Corp.),and that said successor in interest will becom$ Tenant's new landlord, and that Tenant shall be subject to any changes in the landlord tenant relationship crowed said transfer. 1t is further agreed and understood that Landlord may act via an agent(s)+of =the's This lease agreement and any attached addendums thereto represent the entire agreementa+ �in the Lease, Tena>it acknowledges that he has not relied upon any warranties or RPM= Lions not except for the following additional warranties and representations,if any,made by either Landlord or Landlord's agent or representative: NONE none,state"none": if any Cate w om the warranty or representation was made.) 6/7 19. AUTOMOBILES No Tenant shall have or keep more than one motorvehicle per licensed driver on the premises;unless authorised to do so,in writing,by Landlord_ Nor shall any Tenant attempt to store unused,malfunctioningi or otherwise damaged beyond use for transportation,or junk motorvehicles or any motorvehicle parts on the Leased Premises. Nor shall.any Tenant attempt to make major repairs to motorvehicles or use,mix,fill,or store,any motorvehicle fluids or parts, including but not limitedan to,motor oil,oil changes,ttsmission fluids,anti ze,brake fluid, tires,rims,covers, hubcaps,trailers,campers,etc. Notwithstanding the foregoing,no more than 4(four)motorvehicles shall be permitted to be Dept on the premises, excluding those belonging to visitors during a temporary visit. In addition to termination of the lease agreement at option of Landlord,Landlord shall be autliorized to opt to have said fluids,parts,or excess motorvehicles removed,cleaned or towed away at the expense of tie Tenant. Any other related expenses,including storage fees if deemed appropriate by Landlord,shall also be at t*expense of Tenant. 20. ELECTRICAL SAFETY Tenant shall not use extension chords or adapters that multiply the number of outlets other than power strips equipped with their own circuit breakers and properly rated for the amount of power usage tote demanded by Tenant and Tenant's electrical devices. DISCLOSURES 21, Tenant understands and acknowledges that Landlord is a real estate broker and attorney. 2L NOTICE NOTICE TO LANDLORD SHALL BE BY WRITTEN NOTICE ONLY AND ENT TO ADDRESS LISTED 1N PARAGRAPH 1,above. Verbal or other non-conforming notice about any� shall cot be domed notice to Landlord even if Landlord responds or otherwise acts on such non-coniforming notice THIS IS A LEGALLY BMING CONTRACT. IF NOT 1UNDJERSTOOD,SEEK CO PETENT ADVICE. BY SIGNING BELOW,ALL PARTIES CERTIFY THAT THEY HAVE READ TEE ABgVE AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS TENANT(s): Names crlse .rma Die LANDLORD(s) `�j 7/7 J ` t Citizen Web Request - Page 1 of 2 vexy r a Y Citizen Req Management nest - Internal Use ..............._-- °....... ;Request ID: 30991• Created: 6/1/2010 4.07:50 PM _. __ __. .....___ Status: Assigned To Staff Assigned To. O'Connell, Timothy W Health Office Anonymous: Yes Category. Chapter 170 .Housing Overcrowding E.C. Date: 6 15 010 Created By Parvin, Lindsay Citations. ..._....._ Health Office Time Worked: 0 Response Time: 0 ins y - Requestor Details: a Email _.......................................... _.__... Request Location: 28 JANICE LANE Hyannis, Ma 02601 Parcel Number: l Ma 307 Block 274 Lot 000 ........ ...... Request: Requestor reports overcrowding at address. Requestor suspects it is being rented as a two-family. Request Work History: i Internal Note History: System entry on 6/1/2010 4:07:50 PM: n I Assigned to O'Connell, Timothy http://issgl2/intemalwrs/WRequestPrint.aSpx?ID=30991 ' 6/2%2010. r.. e Complete ltems 1,2,and 3 Also complete ,, A. Signature - item 4 if Restricted[lelivery.is;desired. '`'J} ``` ❑Agent ■ Print your name and address on the reverse y 9 so that we.can return the card to,you. ❑Addressee ■ Attach this Gard to_the back of the ma'ilpiece,, , B. Rece(ved by(Punted Name) C."Date of Delivery or on the front ff space permits. d ' - -` = D. Is delivery address different from darn 17 Yes 1. Article Addressed to: w .Jf YES,ier) r delivery address below::- ❑No ' ( !'' �0 � ® ri��jjV�, oSre99rvice Type M4- -- �Certified Mail' "0 Express Mail=, �q 0 Registered Return Receipt for Merchandise ®Insured Mail COD, 4. Restricted Delivery?(Extra Fee) ❑Yes _ 2 Article Number (frattsrterbom aendce rave:►} 1 7001 1940 r 0 0 0 5. 3769 7128 PS Form 3811,-Augltst2001 r� Domestic Return Receipt 10259602-M-tsao i zl, F- .ram r Town of Barnstable IvAS&U. Regulatory Services c9. Thomas F. Geiler,Director Public Health Division Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 SS,( e, Fax: 508-790-6304 re Mr. Jose Rodrigues q q 1 June 23, 2003 28 Janice Lane Hyannis, MA 02601 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II - MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION n� I , AND ARTICLE 51 OF THE TOWN RENTAL ORDINANCE. The property owned by you located at 28 Janice Lane, Hyannis,was inspected (upper two ,� rooms) on June 10, 2003 by David Stanton R.S., Health Inspector for the Town of Me Nil V1 0� tr�� stable,because of a complaint. o h ru, ,� following violations of the State Sanitary Code were observed: 6 [ ' -105 CMR 410.351: Owner's Installation and Maintenance Responsibilities: The Bathroom exhaust fan was covered in dust, and missing the protective cover. 05 CMR 410.351: Owner's Installation and Maintenance Responsibilities: Missing. electrical faceplate cover for an electrical outlet. ' 05 CMR 410.351: Owner's Installation and Maintenance Responsibilities: Missing r the dram control device on the bathroom sink. �;�\ � 105 CMR 410.500: Owner's Responsibility to Maintain Structural Elements. There were several soft spots in the flooring observed throughout the two rooms inspected. MrUb�w 105 CMR 410.500: Owner's Responsibility to Maintain Structural Elements. The left side window upstairs was inoperable. j105 CMR 410.500: Owner's Responsibility to Maintain Structural Elements. The right side rear window upstairs was inoperable. 105 CMR 410.500: Owner's Responsibility to Maintain Structural Elements. There were several torn screens present in the windows. \,/LO5 CMR 410.551: Screens for Windows. No screen window provided in the bathroom. Q:Health/Order letters/Housing violations/28 Janice Lane.doc o-'\\(" r/ 105 CMR 410.501(A-3): Owner's Responsibility to Maintain Structural Elements. There was a large gap between the exterior wall and the prime window frame. ,/f05 CMR 410.500: Owner's Responsibility to Maintain Structural Elements. (Free from chronic dampness) Mold was observed on the bathroom walls. You are ordered to correct all of the above violations within 14 days of receipt of this notice. It is also noted that there was no stove/oven present as required by 105 CMR 410.100. However, according to the Town of Barnstable Building Division, these are illegal apartments and cannot be rented ou Thp R...>I�..�b t�s:,:fin hac ordered you to remove these illegal apartments. Should these rooms be rented out legally in the future, or utilized for habitation, th ust meet the current standards of 105 CMR 410.000, STATE SANITARY CODE II - MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION. You may request a hearing before the Board of Health if written petition requesting same is received within ten(10) days after the date the order is served. Non-compliance could result in a fine of up to $500.00. Each day's failure to comply with an order shall constitute a separate violation. PER ORDER O THE BOARD OF HEALTH T omas A. McKean, R.S. Director of Public Health Town of Barnstable CC: Brian Wasser(Property manager) Kim Wadley, tenant a✓`f ve. T2 n a 4 Q:Health/Order letters/Housing violations/28 Janice Lane.doc 0 T � Oa s _ IA TOWN OF BARNSTABLE Ct412i/C<_ Z AI L�::1!`ATION � � SEWAGE #VILLAGE ASSESSOR'S MAP & LOT ,30� °z?s` INSV I.LER'S NAME&PHONE NO. SEPTIC TANK CAPACITY Aookv,?zl -x�7>'.� LEACHING FACILITY: (type) (size) X NO. OF BEDROOMS BuiLbER OR OWNER ��`�� fffot:n-If PERMTFDATE:, COMPLIANCE DATE: Separation Distance Between the: Maximum Adjusted Groundwater Table to the Bottom of Leaching Facility Feet 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 Feet within 300 feet of leaching facility) Furnished by la ao ON `o o �4 � y i No. 4c),3 0 r—1 Fee THE COMMONWEALTH OF MASSACHUSETTS Entered in computer: Yes PUBLIC HEALTH DIVISION -TOWN OF BARNSTABLE., MASSACHUSETTS Zipprtcatton for Migog;ar bpotem Congtructton Fermat Application for a Permit to Construct( )Repair( )Upgrade Abandon( ) ❑Complete System ❑Individual Components Location Address or Lot No. Owner's Name,Address and Tel.No. Assessor's Map/Parcel 01> Installer's Name,Address,and Tel.No. Designer's Name,Address and Tel.No. -�7,7T' 'a''c 7 Type of Building: Dwelling No.of Bedrooms Lot Size sq.ft. Garbage Grinder( ) Other Type of Building v2te-.f No.of Persons Showers( ) Cafeteria( ) Other Fixtures Design Flow y gallons per day. Calculated daily flow .Sr-yo gallons. Plan Date Number of sheets / Revision Date Title Size of Septic Tank -'o Type of S.A.S. /°e-0,m,TeW O JoJt -1.0 no7 cix -ee--A � 4--C6p Description of Soil ' Nature of Repairs or Alterations(Answer when applicable) Date last inspected: Agreement: The undersigned agrees to ensure the construction and maintenance of 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 this Board of Health. Signed Date Application Approved by A Date % O Application Disapproved for the following reasons Permit No. 2 U C)3--G I y Date Issued No. liyGJ 7 0 r�F Fee o F _ THE COMMONWEALTH OF MASSACHUSETTS Entered in computer: •'PUBLIC HEALTH DIVISION - TOWN OF BARNSTABLE., MASSACHUSETTS Yes r Zlppficatton for 3igposar *p!6tem eonztruct on Permit Application for a Permit to Construct( )Repair( )Upgrade Abandon( ) O Complete System El Individual Components Location Address or Lot No. Owner's Name,Address and Tel.No. OLr _ Assessor's Map/Parcel � t, �� �jr�,C� `,�,y y��,.,✓�1' Installer's Name,Address,and Tel.No. T Designer's Name,Address and Tel.No. Type of Building: Dwelling No.of Bedrooms_ Lot Size sq.ft. Garbage Grinder( ) Other Type of Building opg-r No.of Persons Showers( ) Cafeteria( ) Other Fixtures Design Flow S'y y gallons per day. Calculated daily flow gallons. Plan Date 00 Z - Oo—o-Z Number of sheets / Revision Date Title Size of Septic Tank/oo o �atiJTi w Type of S.A.S. 141,7- ,r3iC_ 0-d,1y GJyi1" OBo�c 3 0�,7 o x� 'LE�ais/ t"iC�p Description of Soil Nature of Repairs or Alterations(Answer when applicable) Date last inspected: Agreement: The undersigned agrees to ensure the construction and maintenance of 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 this Board of Health. Signed Date R703 Application Approved by Date Application Disapproved for the following reasons Permit No. 10 0 3—G 1 y Date Issued f a 3 THE COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, MASSACHUSETTS (Certificate of (Compliance THIS IS TO CERTIFY,that the On-site Sewage Disposal System Constructed( )Repaired( )Upgraded(�O Abandoned( )by l7�Al; at -9 P CtA- SIC I has been construct d if accordance with the provisions of Title 5 and the for Disposal System Construction Permit No. Z003—D 1`-1 dated 1 103 Installer �Z c''6oc 6P Designer /h e? The issuance of h' 't all t be construed as a guarantee that the to will function as igne011&1� �111/ Date Inspector --------------------------------------- No. 2o0 3— W LI1 Fee �50 THE COMMONWEALTH OF MASSACHUSETTS PUBLIC HEALTH DIVISION - BARNSTABLE: MASSACHUSETTS 1=i.5po!5al *pgtem Construction Permit Permission is hereby granted to Construct( )Repair( )Upgrade Abandon( ) System located at 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. Provided: Cons c`ti n must be completed within three years of the date of this i Date:_ r0 3 Approved by . � TOWN OF BARNSTABLE LOG'noN A5 SEWAGE # .3- cl6'6 .;,,GE ASSESSOR'S MAP & LOT INSTALLER'S NAME & PHONE NO.W/K SEPTIC TANK CAPACITY LEACHING FACILITY:(type) i Iy 4, Y7-l1 jgTo 2 (size) 6,< /,F- ) NO. OF BEDROOMS PRIYATE.WELL OR PUBLIC WATER BUILDER OR OWNER 3Ac mr I T Y &a /)AvS DATE PERMIT ISSUED: / /7 �f DATE COMPLIANCE ISSUED:�I VARIANCE GRANTED: Yes No `/ , ZC c W r � • O r . 3o-7 a,7 cl�� 66 No.. ..............�A�P.,�,ri+�.� �3 MMONWEALTH OF MASSACHUSETTS RD OF HEALTH OWN OF BARNSTABLE. , pphration for Ui!i.pooul Works Tonotrnr#ion ramit Application is hereby made for a Permit to Construct ( ) or Repair (�) an Individual Sewage Disposal System at: _ - Locatiot -:\ddnss ^' or Lot No. . .... ti- j yy� ------------------------- •-----........-'------- ........... • bre r - A dress ..__ i„st,u�r --- Address UType of Building Size Lot............................Sq. feet Dwelling—No. of Bedrooms........._�--------------------------Expansion Attic ( ) Garbage Grinder ( ) a`4 Other—Type of Building ............... No. of ersons....--...............--..... Showers g ------------- P ( ) — Cafeteria ( ) d Other fixtures ................... --------------------------- .............. W Design Flow............................................gallons per person per day. Total daily flow............................................gallons. WSeptic Tank—Liquid capacity......--....gallons Length................ Width-----------.---- Diameter................ Depth................ x Disposal Trench—No. .................... Width.................... Total Length.................... Total leaching area....................sq. ft. 3 Seepage Pit No..................... Diameter----.--------- ..... Depth below inlet.................... Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) Percolation Test Results Performed by.......................................................................... Date...................................... a Test Pit No. 1................minutes per inch Depth of Test Pit.................... Depth to ground water........................ 44 Test Pit No. 2................minutes per inch Depth of Test Pit............--...--. Depth to ground water--...................... �+ --------•--------------------------•------••-------.......---------•-•--•-----------......_.............--••'--•'--........-•----•-•••-.............._....... 0 Description of Soil.....5�nv . W --- -•------•------- ----------------------------------------------------------------------------- -----------•------.............-------------------------------•---------- ......................... V Nature"of Repairs o ,Alterations—Answer when applicable----1CIc� ��.--------- Tn e.v nItr t z�........................................................................................................................................... Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITLE 5 of the State Environmental Code—The undersigned further agrees not to place the system in operation until a Certificate of Compliance has been ' sued by t bard health. L Signed . .. `�� ........ .......................'�"_........., .... :.. Date Application Approved By ............V. ��-et.... I..-;5 1. .�... Date.. ...... Application Disapproved for the following reasons:. .. ............. .... ........................................... ...... ................................... ............. ............................ . . .... . -- ............................................................................................................................ ..................................... ' Dare PermitNo. .......c1. ---------------------------- Issued ............................................ --................ Date THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH TOWN OF BARNSTABLE Certificate of CZomylizinre THIS IS �:p CERTIFY, That the Individual Sewage Disposal System constructed ( ) or Repaired (�) l�o�i�zS�ti...... ..... .. ... ....... ......----- ................_.... ....----................. at ................. -------"im e--------------- y'9ti /l.a ......................................._.......----- ----------- ..------.. has been installed in accordance with the provisions of TITLE 5 of The State Environmental Code as described in the application for Disposal Works Construction Permit No. ..... 3..-.. lve,..._..... dated ----------------------- THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUED AS A GUARANTEE THAT THE SYSTEM WILL FUNCTION SATISFACTORY. DATE_.................... �... ...... r ..?�_�--------------- Inspector ............``��....;...a->._.............................................................. THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH TOWN OF BARNSTABLE No.... 3.-.����__ FE�(J.....�.�---..... i n tt1 r�v, Tnntrur#Uon Vrrmit Permission is hereby granted.:- :...-.._... ...�1...--...`S�Py� ------- �w�G --- ... ----- --------- .............................................. to Construct ( �or Repair (� an Individual Sewage Disposal�System ... 13.4._..1.....�._ .tie_. Y `� ....................................................... at No Street as shown on the application for Disposal Works Construction Permit No? .&6.-- Dated.--....1 a.7:--..P7..^.�-3..... ---------------------------------..: . q Board of Health DATE.............. ................................... FORM 3890E HOBBS 6 WARREN,INC..PUBLISHERS [y.�._".---_--`'°::-!,i cJ�. .`-':.ta--�-uutJ1:.�,..:.;1{Z„l4•. �y,:?',�;;��,�`'k,,".yea;_;i'��S.rs;wF.'...-�'+�"'�'�:�'+...�.i�.Xn.%%iM'.'."'^,'`�,-'�. -°7+.�;, Yi4,�;�,�+�-.w.s�i�'is��-"°why»-'-.......-v+ii.,w-...-..a.,r•,-...,. GG 30- a, 7 No..Ln................. _ Fa ...��...... THE COMMONWEALTH OF MASSACHUSETTS 9 DR`9b A R D OF HEALTH TOWN OF BARNSTABLE Appliratiuit fur Diti-puuul Hlurkii Tomitrur#iuri VerrAft Application is hereby made for a Permit to Construct ( ) or Repair (�) an Individual Sewage Disposal System at: ......................................... ------•-•----------••--------•-•-•----•---------------.......-----•------•-- Location-Address or Lot;No. .............. ... n..t. . - �1y� ��s --------------------------------------------------------------------------------- ..... O�c r / /J Address a = ���G[.rr�ilti.... • ° .---- old/= �>- 'JO ....1v. .....C���Tr(i�... .... ....... Installer� Address UType of Building Size Lot............................Sq. feet .., Dwelling—No. of Bedrooms..............3--------------------------E:Xpansion Attic ( ) Garbage Grinder ( ) aOther—Type of Building ............................ No. of persons............................ Showers ( ) — Cafeteria ( ) a Other fixtures --------------------- Design Flow............................................gallons per person per day. Total daily flow....................- gal W ---------•------------- Ions. 1:4 Septic Tank—Liquid capacity.........--.gallons Length---------------- Width---------------- Diameter---------------- Depth................ Disposal Trench—No. .................... Width.................... Total Length.................... Total leaching area....................sq. ft. 3 Seepage Pit No--------.--_------- Diameter.......... .... Depth below inlet.................... Total leaching area..................sq. ft: Z Other Distribution box ( ) Dosing tank ( ) aPercolation Test Results Performed by---------------------_------------••--------•----------------•- Date........................................ Test Pit No. I----------------minutes per inch Depth of Test Pit.................... Depth to ground water.......----............. GZ4 Test Pit No. 2................minutes per inch Depth of Test Pit--.................. Depth to ground water........................ P4 • -•-----------------------------•••---•-••----•-----------------••----------------........-------......................................................... 0 Description of Soil......: 1?1 ..------•-----------------------------------------•---• U ---••----•...............•--•-•--•----------•------••----••----•----•-----••--•-.........-------------• W x -----------------------------------•------------------------------------------------------------•-------------------:-..........----------------------------........------------------...........----- U Nature of Repairs or,Alterations—Answer when applicable.---I .......... ............E7n .A ........... ......................... `-----------------------------------------------------------------------------•----------------................................-•--•-.....---- Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITLE 5 of the State Environmental Code—The undersigned further agrees not to place the system in operation until a Certificate of Compliance has been ' sued by t oard f health. L Signed ..... t ':/ = (�% �- `.. .................. ................................................... ......................................... . ............L...........1..:. Dve Application Approved By ............J�-e-w�,�... .......� U ✓ ................................................................................ .... ...... Date -.. Application Disapproved for the following reasons: .. ..................... . .. ... ... . .......... ........ ...... ......... . ............. . . .............................................................................. . .............................................................. ............ --- ............ Dare PermitNo. ----- ------------------------------ Issued ---------------................................................... Date I I ASSESSORS MAP : 1 TEST HOLE LOGS NOTES: PARCEL : -ry __ i �{ 1 1) THE INSTALLATION MUST BE IN SUBSTANTIAL COMPLIANCE WITH t, p� FLOOD ZONE: SOIL EVALUATOR:��N 1"�E�iag^ THIS PLAN, 1995 MASSACHUSETTS TITLE V & TOWN OF f, WITNESS : A n '�jy31,r BOARD OF HEALTH REGULATIONS. A" REFERENCE: �j+tL ��ti� DATE: 2) THE INSTALLER SHALL VERIFY THE LOCATION OF UTILITIES, PERCOLA7 I ON RA E: L2 t►�C SEWER INVERTS AND SEPTIC COMPONENTS PRIOR TO � O �-SS `f ll� Q,? P� y INSTALLATION. Uu TH- 1 P-L TH-2 3) THIS PLAN SHALL BE USED FOR SEPTIC SYSTEM INSTALLATION _ ONLY, AND SHALL NOT BE USED FOR PROPERTY LINE k- LQA M SAtJ D Oy(�31# DETERMINATION. Z AL 4) ALL PIPING TO BE 4 SCHEDULE 40 @ 1/8 "/ FOOT. (UNLESS SPECIFIED OTHERWISE) 8 LOCATION MAP(N-T S) y Ski fl 5) THE DESIGN OF THIS SYSTEM DOES NOT ALLOW FOR THE USE OF A 3 Z GARBAGE DISPOSAL. Id�n,� C1 � P `, 6) SEPTIC TANKS AND DISTRIBUTION BOXES (WHEN INSTALLED) C, S�IVf! 7 G 2�`1? MUST BE PLACED ON A MECHANICALLY COMPACTED BASE OR ON ABASE OF 6"OF CRUSHED STONE. 2.� � EXl T/N, � - - L� OBS G 11$ SfUSE fiU �� t rf_ ADJ. G�� C�c :2�•S�� 1v —._30 2_SG _1��?of C LAyER� ANr) WbAtE w WEt..Mi W-29 SEPT I C SYSTEM DES I GN 2oNF-.. -S %-� �E �4 Lf0 f1�1� �ouyETN�1C.�' __L. �S S#dwN FLOW Ea',-,T I MATE =Ryn�t .zS to pave- 7 BEDROOMS AT ��� GAL/DAY/BEDROOM - 446 GAL/DAY !d/ �_._%��"!`� PRJV�4-i�:WEL� WJIn) ISp' OF �RoFffiE'4 (�4G�}r� � �. �� 3 S ll���(�p X tlG1NY✓ _W�TZ A-/JOS_ w�'� /SU 0� /�/�GPO�? (t�}c►!r�J l 1 SEPT I C AN 12.) lVd m7elA-Alter To TiTLG Z4410 GAL/DAY x 2 DAYS - 2!i'6 GAL r�6�Y fI!✓k}?'T�/ R v�l ? _ _ s USE C:O GALLON SEPT I C TANK -�XlS71l — f [f} W/ 3 ! SOIL AbSORPT I ON SYSTEM a Zb D • i Y .. �.. '_-�._ ..-..... .. .... -_._.__ -. - may.___• $.::n:.r..r..e.. � ..err r' 9 P - _ . _: - ��N 0 AqS - _ T ,row Lei A-Ll S Sq�yG L — — — — — c� DARR M P tit M 9' t SIDE DE AREA:_ N�LI M. I `�! 32x o M I BOTTOM AREA: [� / Nt � ' / IZ tx,rrle,✓ �Q S( 20 !C G,�y _ �� 7 y P, 40 , I �G�ISTE��� ,� �� toD yB 32x IZ 32x3 —�-- SgN17AR�P� SEPT I C� SYSTEM SECTION 4o m( ! S' R w✓a-r_. fiv E1, 3a.2S Bt; CtlN•tPrig I I y � PQOI�t)5 E D 'l E yy�eyP Oft Ty t' o f- 1 Cor/7UvrL . !S TI N I AF - t If cue 2 G�u6le GVl+a e� t Ex 4 � 3f:O2 _ 6%S e j our o i �,�s�re•{ 3i,S �oN�v� II n /t 0 GAL D- X 3Z 3Z. �}Ao-se3/ ' BO /y' (�ov�c S�•�Q � I I Vex/i-y SEPTIC TANK 4" lewlo-(B(677W, � 7.0 -@ 2q 1 0001 6p(Llw►j PUAP 64AM6V& j T L-7 v R �` �DTUSI Q (�;GV EL - � •�`� 3O /$ SITE AND SEWAGE PLAN N l 3� 58 ,-� ' v �� 3 2- 2�, aL'hCAT 10 N : 8 �ti l�- z-4-1v� i r � S. 6 S tvne Base c; ) PUMP C4AMaEP, rU Pam. FAQ. Ao ( wATf.LQ?-COFE)) ' J PUA4P is TU g p 2of.�c�C7Z "?�y y13Z P k E P A R E D FOR �.� h,��''-_ v w tzl lei F�Gy�e�Y l i. Sa ,LG h� (!�C/vS i, 21 �c,��-Ms -ry r�� ����n/rls�c.� wIru � �. L�s � .6c� l IPA 57RVC�y� T DARREN M. MEYER R.S. CALE : � _� � L'rJ �� - U�{C�� Crlh'GG�`� �L S_ TP�e>�'r� GtR.�Utf �-�oM nVMP, s -+..r✓c�Ic eRµ�r R�QtL!.�??- ____ S. �/ DATE: W - 43 VINE STREET 1 ,� J D�.1XE3URY, MA 02332 z ) Q����jaG - ���l DATE HEALTH AGENT (781) 585-0293 W W I t -