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TOWN OF BARNSTABLE
LOCATION SEWAGE #
VILLAGE �i �s��.�/ ASSESSOR'S MAP & LOTZf2-0o;��
INSTALLER'S NAME & PHONE NO.
SEPTIC TANK CAPACITY
LEACHING FACILITY:(type) (size) loo®
NO. OF BEDROOMS 2- PRIVATE WELL OR PUBLIC WATER PY,01
BUILDER OR OWNER��,��, C o,,� >,#O
d
DATE PERMIT ISSUED:
DATE COMPLIANCE ISSUED:
VARIANCE GRANTED: Ye No
e
. i
Certified mail: 7015 1730 0001 4990 3745
T Town of Barnstable
Regulatory Services
anRivsrast.e.
9 MAS& g Richard Scali,Director
039. �0
c► °i Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
February 10, 2017
Lucienne Lampert
c/o Joann M. Curran
5 Deerwood Drive
E. Sandwich,MA 02537-1603 ,
NOTICE OF VIOLATIONS OF 310 CMR: 15.00 THE STATE ENVIRONMENTAL CODE
TITLE V: MINIMUM REQUIREMENTS FOR THE SUBSURFACE DISPOSAL OF
SANITARY SEWAGE AND TOWN OF BARNSTABLE CODE § 353-9-DISCHARGE
` ONTO GROUND PROHIBITED.
On February 8, 2017, Health Inspector David W. Stanton, R.S. investigated a complaint regarding
sewage.odors at the property owned by you.located at 59 Kelley Road, Hyannis, MA. The
following violations of 310 CMR 15.000, the State Environmental Code, Minimum
Requirements for the Subsurface Disposal of Sanitary Sewage and the Town of Barnstable
Code were observed:
310 CMR 15.303(1) (a): Septic system is in hydraulic failure. Raw sewage was observed
ponding on the ground -
Town of Barnstable Code §353-9: Discharge of sewage onto the ground.
(1) You are directed to keep the on-site sewage disposal system pumped as many times as
necessary(daily if needed)to keep it from overflowing onto the ground.
(2) You are ordered to obtain a septic design engineer to design the repair plans for the failed .
septic system at said.location and apply for a septic permit with the Health.Division within
thirty(30) days of your receipt of this letter.
(3) The septic system shall be installed in strict accordance with the approved engineered
plans within sixty(60) days of your receipt of this letter.
. 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 the issuance of a non-criminal ticket citation of$100. Each day's
failure to comply with an order shall constitute a separate violation.
PER ORDER OF BOARD OF HEALTH
j McKean, CHO,
Director of Public Health
Q:\Order letters\Septic\59 Kelley Road,Hyannis.doc
' gjc 0 [D
�� Tati Town of Barnstable
Regulatory Services
• &4MSTABLF-
MAS&
9��ED MA'I� �
Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
May 17, 2017
Certified Mail# 7008 3230 0002 5177 793.6
Mr. Nathan Lampert
Power of Attorney for Lucienne Lampert
2209 No. Somerset
Arlington, VA 22205
OFFICIAL NOTICE
The Board of Health will consider issuing a finding that the dwelling owned by Lucienne
Lampert, located at 59 Kelley Road Hyannis, Massachusetts, or portion thereof, is unfit
for human habitation. This finding may result in an order of condemnation requiring the
owner to secure the dwelling and requiring all occupants to vacate the dwelling.
A public hearing of the Board of Health scheduled to be held at 3:00 PM. on Tuesday
May 23, 2017 at 367 Main Street, Hyannis, Massachusetts, in the Barnstable Town Hall,
second floor Hearing Room. Attached is a copy of the complaint inspection/
investigation report regarding 59 Kelley Road, Hyannis, Massachusetts.
Inspections were conducted in response. to complaints filed with the Public Health
Division. The following violation of 105 CMR 410.000, Minimum Standards of Fitness
for Human Habitation; State Sanitary Code, Article II was observed by Chief Health
Inspector David Stanton, R.S. on February 8,2017::
410.750 (F): Raw sewage observed on top of ground in the area of the septic system
location.
On December 7, 2016, Health Inspector James Parziale observed the following violations
of 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation, State
Sanitary Code, Article II
QAOrder letters\Condemnations\59 kelley Road Hyannis Lampert OWNER NOTICE.doex
410.750 (A): Failure to provide water.
410.750 (N): Failure to provide smoke detectors or carbon monoxide alarms
410.750 (P): Side entrance door has broken pane and cannot be secured against
unlawful entry
'These conditions which are listed within Section 410.750 of the State Sanitary Code,
when found to exist in residential premises, shall be deemed as conditions which may
endanger or impair the health, or safety and well-being of a person or persons occupying
the premises.
Due to the.serious nature of these violations, the Board of Health routinely orders
violators to correct these types of conditions within 24 hours. However, at this property,
these conditions have existed uncorrected for several months.
After a hearing was held back in December of 2016, the water supply was turned back
on. However as of this date, all of the other violations (i.e raw sewage overflowing, no
smoke detectors, no carbon monoxide detectors; broken side entrance door) remain
uncorrected.
During this May 23, 2017 hearing, you will be given an opportunity to testify, present
witnesses, and any documentary evidence to show-cause why the dwelling is fit for
human habitation and why it should not be condemned.
PER ORDER OF THE BO OF HEALTH
c ean, R.S., CHO
Health Agent
Town of Barnstable
QAOrder letters\Condemnations\59 kelley Road Hyannis Lampert OWNER NOTICE.docx
41/
Town of Barnstable
o�
Regulatory Services
• BARNS[ABLF,
MASS.
9��E0 fAA't `0�
Public Health Division
Thomas McKean,Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
May 17, 2017
Certified Mail: 7008 3230 0002 5177 7912
Mr. Richard Parks, Occupant
59 Kelley Road,
Hyannis MA 02601
OFFICIAL NOTICE
The Board of Health will consider issuing a finding that the dwelling occupied by you,
owned by Lucienne Lampert, located at 59 Kelley Road Hyannis, Massachusetts, or
(portion thereof, is unfit for human.habitation. This finding may result in an order of
condemnation requiring the owner to secure the dwelling and requiring all
occupants to vacate the dwelling.
A public hearing of the Board of Health is scheduled to be held at 3:00 PM. on Tuesday
May 23, 2017 at 367 Main Street, Hyannis, Massachusetts, in the Barnstable Town Hall,
second floor Hearing Room.
Attached is a copy of the complaint inspection/ investigation report regarding 59 Kelley
Road, Hyannis, Massachusetts. Inspections were conducted in response- to complaints
filed with the Public Health Division. 'The following violation of 105 CMR 410.000,
Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Article II was
observed by Chief Health Inspector David Stanton, R.S. on February 8, 2017::
410.750 (F): Raw sewage observed on top of ground in the area of the septic system
location.
On December 7, 2016, Health Inspector James Parziale observed the following violations
of 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation, State .
Sanitary Code, Article II
Q:\Order letters\Condemnations\59 Kelley Road Official Notice to Occupant Parks.docx
410.750 (A): Failure to provide water.
t
410.750 (N): Failure to provide smoke detectors or carbon monoxide alarms
410.750 (P): Side entrance door has broken pane and cannot be secured against
unlawful entry
These conditions which are listed within Section 410.750 of the State. Sanitary Code,
when found to exist in residential premises, shall be deemed as conditions which may
endanger or impair the health, or safety and well-being of a person or persons occupying
the premises.
Due to the serious nature of these violations, the Board of Health routinely orders
violators to correct these types of conditions within 24 hours. However, at this property,
these conditions have existed uncorrected for several months.
After a hearing was held back in December of 2016, the water supply was turned back
on. However as of this date, all of the other violations (i.e raw sewage overflowing, no
smoke detectors, no carbon monoxide detectors, broken side entrance door) remain
uncorrected.
During this May 23, 2017 hearing, you will be given an,opportunity to testify, present
witnesses, and any documentary evidence to show-cause why the dwelling is fit for "
human habitation and why it should not be condemned.
PER ORDER OF THE BOARD OF HEALTH
T omas . McKean, S., CHO
Health Agent
Town of Barnstable
Q:\Order letters\Condemnations\59 Kelley Road Official Notice to Occupant Parks.docx
i
r�
,oF Tati Town of Barnstable
o�
Regulatory Services
• eazuvsrAsM
MAM
v� i639. �0�
ArE°39. Public Health Division
Thomas McKean,Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
May 17, 2017
iPCy"`� �r�sS LY r -5 PgA S/1�1 t7
All Occupants
59 Kelley Road,
Hyannis MA 02601
OFFICIAL NOTICE
The Board of Health will consider issuing a finding that the dwelling occupied by you,
owned by Lucienne Lampert, located at 59 Kelley Road Hyannis, Massachusetts, or
portion thereof, is unfit for human habitation. This finding may result in an order of
condemnation -requiring the owner to secure the dwelling and requiring all
occupants to vacate the dwelling.
A public hearing of the Board of Health is scheduled to be held at 3:00 PM. on Tuesday
May 23, 2017 at 367 Main Street, Hyannis, Massachusetts, in the Barnstable Town Hall,
second floor Hearing Room.
Attached is a copy of the complaint inspection/ investigation report regarding 59 Kelley
Road, Hyannis, Massachusetts. Inspections were conducted in response to complaints
filed with the Public Health Division. The following violation of 105 CMR 410.000,
Minimum Standards of Fitness for Human Habitation, State Sanitary Code, Article II was
observed by Chief Health Inspector David Stanton, R.S. on February 8, 2017::
410.750 (F): Raw sewage observed on top of ground in the area of the septic system
location.
On December 7, 2016, Health Inspector James Parziale observed the following violations
of 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation, State .
Sanitary Code, Article II
410.750 (A): Failure to provide water.
Q:\Order letters\Condemnations\59 Kelley Road All Occupants May 17 2017 Notice.docx
410.750 (1V): Failure to provide smoke detectors or carbon monoxide alarms
410.750 (P): Side entrance door has broken pane and cannot be secured'against
unlawful entry
These conditions which are listed within Section 410.750 of the State Sanitary Code,
when found to exist in residential premises, shall be deemed as conditions which may
endanger or impair the health, or safety and well-being of a person or persons occupying
the premises.
Due to the serious nature of these violations, the Board of Health routinely orders
violators to correct these types of conditions within 24 hours. However, at this property,
these conditions have existed uncorrected for several months.
After a hearing was held back 'in December of 2016, the water supply was*turned back
on. However as of this date, all of the other violations (i.e raw sewage overflowing, no
smoke detectors, no carbon monoxide detectors, broken side entrance door) remain
uncorrected.
During this May 23, 2017 hearing, you will be given an opportunity to testify, present
witnesses, and any documentary evidence to show-cause why the dwelling is fit for
human habitation and'why it should not be condemned.
PER ORDER OF THE BOARD OF HEALTH
c ean, S.,
Health Agent
Town of Barnstable
Q:\Order letters\Condemnations\59 Kelley Road All Occupants May 17 2017 Notice.docx
0 INE Town of Barnstable
Board of Health
yHARNSTAft
MASS. 200 Main Street, Hyannis, MA 02601
039. �0
AtEO�p
Fax: 508-790-6304
May 24, 20171
Harvey Powell,
Amy Grass,
Lamar Anderson,
Richard Parks, et. Al
59 Kelley Road
Hyannis, Ma 02601
CONDEMNATION -ORDER TO VACATE
A public hearing of the Board of Health was held on May 23, 2017 regarding 59
Kelley Road, Hyannis,MA. in accordance with M.G.L. c.111, sec. 127A and 127B,
105 CMR 400.000: State Sanitary Code, Chapter I: General Administrative
Procedures and 105 CMR 410.006: State Sanitary Code, Chapter II: Minimum
Standards of Fitness for Humans. The owner's name of this dwelling unit is Lucienne
Lampert. The tenants' names are Harvey Powell, Amy Grass, Lamar Anderson, and
Richard Parks.
Based on the results of investigations conducted by Chief Health Inspector David
Stanton, R.S. on February 8;2017 and Health Inspector James Parziale R.S. on
December 7, 2016, based on the photographs taken by Thomas McKean, C.H.O. on
May 23, 2017 and based upon the testimony heard during the public hearing, the Town
of Barnstable Board of Health finds that this dwelling is unfit for human habitation.
Pursuant to M.G.L. c. 127B and 105 CMR 410.831 (D), (E)the Board of Health
further finds that this dwelling is condemned.
The following violation of 105 CMR 410.000, Minimum Standards of Fitness for
Human Habitation, State Sanitary Code, Article II was observed:
410.750 (F):. Raw sewage observed on top of ground in the area of the septic
system location.
The septic system remains in failure and has not been repaired as of this date.
QAOrder Letters\Condemnations\59 Kelley Road Occupants Vacate 2017.docx
i
On December 7, 2016, Health Inspector James Parziale R.S. observed the following
violations of 105 CMR 410.000, Minimum Standards of Fitness for Human
Habitation, State Sanitary Code, Article II at 59 Kelley Road, Hyannis:
410.750 (A): Failure to provide water.
410.750 (N): Failure to provide smoke detectors and carbon monoxide alarms.
410.750 (P): Side entrance door has broken pane and cannot be secured against
unlawful entry.
Shortly after a Board of Health hearing was held in December 20, 2016,water service
was restored to this dwelling. However, these conditions which are listed within
Section 410.750 of the State Sanitary Code,when found to exist iri residential
premises, shall be deemed as conditions which may endanger or impair the health, or
safety and well-being of a person or persons occupying the premises.
According to an e-mail dated May 23, 2017 from Fire Chief Dean Melanson, the Fire
Department responded to two fire investigations/odor issues during the month of May
2017. According to an e-mail received from Police Officer Therese Gallant, dated
May 23, 2017, during the past four months (since January 27, 2017) the Police
Department responded to fifteen(15) calls at this location due to medical issues and/or
alcohol related issues for the occupants there.
To date,the septic system remains in failure and has not been repaired. The septic
system shall be pumped by a licensed septage hauler on a regular basis, daily if
necessary, to prevent sewage from overflowing onto the ground.
Based upon these findings any and all occupants are hereby ordered to vacate the
premises on July 22, 2017. The landlord's power of attorney owner has been ordered
to secure the dwelling on that date. However, failure to keep the septic system
pumped by a licensed septage hauler on a regular basis to prevent sewage from
overflowing onto the ground, may result in an order to vacate the premises within a
shorter time period.
If any person refuses to leave a dwelling or portion thereof,which was ordered vacated
they may be forcibly removed by the local Board of Health(Massachusetts General
Laws C. 127B), or by local police authorities at request of the Board of Health.
Q:\Order Letters\Condemnations\ 59 Kelley Road Occupants Vacate 2017.docx
Furthermore, anyone who fails to comply with any order of the Board of Health may
be subject to fines up to $500.00. Each day's failure to comply with an order shall
constitute a separate violation. r
You may request a hearing before the Board of Health if written petition requesting
same is received within seven(7) days after the date the order is served.
Note: This is an important legal document. It may affect your rights.
PER ORDER OF THE BOARD OF HEALTH
Thomas A. McKean, C.H.O., R.S., Agent
Town of Barnstable, Board of Health
Cc: Therese Gallant, Town of Barnstable Police Department.
QAOrder Letters\Condemnations\59 Kelley Road Occupants Vacate 2017.docx
McKean, Thomas
From: nathan lampert <nglampert@yahoo.com>
Sent: Wednesday, May 17, 2017 1:02 PM
To: McKean,Thomas
Subject: Re: 59 Kelley Rd
Hello Mr. McKean,
Thank you for sending, via email, a copy of the February 10, 2017 letter regarding the septic issue at 59 Kelley
Rd. As I mentioned during our May 15, 2017 phone call, that was the first time I was made aware of the
letter. I was only made aware of the issue in general the previous week during a phone conversation with one
of your employees.
As I also mentioned during our call, I am currently in North Carolina for the week with my family, so I don't
have access to all the information I would normally have regarding my mother's affairs were I home in
Virginia.
In late 2014, my mother allowed me to act as her power of attorney. At that time, I applied for MassHealth on
behalf of my mother for her nursing home care.'In order to be eligible for MassHealth, her bank account
balance could not exceed $2000.00. MassHealth also required that most of her income would go towards her
nursing home care. Currently, she receives $1128.00 per month from the Veteran's Administration. $1055.20
is paid to the nursing home. The balance of$72.80 per month is for incidental personal expenses she may
have. With such limited funds, she is unable to pay the property tax for 59 Kelley Rd, much less septic repairs
for a property where she has not resided since at least 2014. You had mentioned that there are individuals
currently residing at 59 Kelley Rd. My mother never authorized any individual to use her home. That being
the case, I'm unclear as to why there is a septic issue.
At the time I was made power of attorney, I was also made aware that my mother has no will. It is my
understanding that on her death, the Commonwealth of Massachusetts will sell the property to recoup as
much costs as possible for the care she had received via MassHealth.
Should you have any further questions, please do not hesitate to.contact me.
On Tuesday, May 16, 2017 1:59 PM, "McKean, Thomas" <Thomas.McKean@town.barnstable.ma.us> wrote:
Thank you for returning my telephone call this morning and for sending me your e-mail (below).
Below (and attached) is a copy of the correspondence addressed to your mother regarding the overflowing sewage
issue at 59 Kelley Road, Hyannis, Massachusetts.
There is a Board of Health hearing on May 23, 2017 regarding this public health hazard condition.
Sincerely,
Thomas McKean
1
McKean, Thomas
From: Chief Dean Melanson <dmelanson@hyannisfire.org>
Sent: Tuesday, May 23, 2017 1:55 PM
To: McKean, Thomas
Subject:. Re: 59 Kelley Road/source of fuel for fire
Attachments: PastedGraphic-3.tiff
Tom,
On 5/10/17 we investigated a strong odor of plastic or trash burning in the area of the home but found nothing,
this property checked OK.
On 5/20/17 we were called for a fire in the back yard and the engine found a small cook fire that was well
within code. A verbal permit was issued and the occupants were educated. They were allowed to continue.
I
Chief Dean L. Melanson
Hyannis Fire Department
95 High School Road Extension
Hyannis MA 02601
Office 508-775-1300
Fax 508-778-6448
I
dmelonson@hyannisfire.org
On May 23,2017, at 1.1:27 AM., McKean, Thomas <Thomas.McKeanQa town.barnstable.ma.us>
wrote,
Can you verify whether the backyard fire that occurred at 59 Kelley Road:(a few weeks ago)was from
burning wood or from burning of garbage? The Board of Health will hold a hearing today at 3:00
regarding this property
McKean, Thomas
From: Gallant,Therese
Sent: Tuesday, May 23, 2017 2:11 PM
To: McKean, Thomas
Subject: RE: 59 Kelley Road
Police were out there 15 times since January 27,2017. Most of these calls were for medical issues and/or alcohol issues for subjects
there.
-----Original Message-----
From: McKean,Thomas
Sent: Tuesday, May 23, 2017 2:02 PM
To: Gallant, Therese
Subject: 59 Kelley Road
Hi Therese,
Is it true the police were called out to 59 Kelley Road 19 times this past year?Were there any crimes or
violations investigated?
t
.� • 1
McKean, Thomas
From: Gallant,Therese
Sent: Tuesday, May 23, 2017 2:11 PM
To: McKean,Thomas
Subject: RE: 59 Kelley Road
Police were out there 15 times since January 27,2017. Most of these calls were for medical issues and/or alcohol issues for subjects
there.
-----Original Message-----
From: McKean,Thomas
Sent: Tuesday, May 23, 2017 2:02 PM
To: Gallant,Therese -
Subject: 59 Kelley Road
Hi Therese,
Is it true the police were called out to 59 Kelley Road 19 times this past year? Were there any crimes or
violations investigated?
1
McKean, Thomas
From: Chief Dean Melanson <dmelanson@hyannisfire.org>
Sent: Tuesday, May 23, 2017 1:55 PM
To: McKean, Thomas
Subject: Re: 59 Kelley Road/source of fuel for fire
Attachments: PastedGraphic-3.tiff
Tom,
On 5/10/17 we investigated a strong odor of plastic or trash burning in the area of the home but found nothing,
this property checked OK.
On 5/20/17 we were called for a fire in the back yard and the engine found a small cook fire that was well
within code. A verbal permit was issued and the occupants were educated. They were allowed to continue.
Chief Dean L. Melanson
Hyannis Fire Department
95 High School Road Extension
Hyannis MA 02601
Office 508-775-1300
Fax 508-778-6448
dmelanson@hyannisfire.org
On May 23, 2017, at 11:27 AM, McKean, Thomas<Thomas.McKean@town.barnstable.ma.us>
wrote:
Can you verify whether the back yard fire that occurred at 59 Kelley Road (a few weeks ago)was from
burning wood or from burning of garbage? The Board of Health will hold a hearing today at 3:00
regarding this property
• 1 - .
Town of Barnstable
Regulatory Services
Richard Scali, Director
Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-
4644 Fax: 508-790-6304
4FIKE ram,
0
"Ar 0LML
MA$$.
�� 634• amp.
Certified mail: 7015 1730 0001 4990 3745
Start typing below this line:
February 10, 2017
Lucienne Lampert
c/o Joann M. Curran
5 Deerwood Drive
E. Sandwich, MA 02537-1603
i
NOTICE OF VIOLATIONS OF 310 CMR: 15.00 THE STATE ENVIRONMENTAL.CODE TITLE V: MINIMUM
REQUIREMENTS FOR THE SUBSURFACE DISPOSAL OF SANITARY SEWAGE AND TOWN OF
BARNSTABLE CODE § 353-9-DISCHARGE ONTO GROUND PROHIBITED.
On February 8, 2017, Health Inspector David W. Stanton, R.S. investigated a complaint regarding sewage
odors at the property owned by you located at 59 Kelley Road, Hyannis, MA. The following violations of 310
CMR 15.000, the State Environmental Code, Minimum Requirements for the Subsurface Disposal of
Sanitary Sewage and the Town of Barnstable Code were observed:
310 CMR 15.303(1) (a): Septic system'is in hydraulic failure. Raw sewage was observed ponding on the
ground
Town of Barnstable Code § 353-9: Discharge of sewage onto the ground. .
(1) You are directed to keep the on-site sewage disposal system pumped as many times as necessary
(daily if needed) to keep it from overflowing onto the ground.
(2) You are ordered to obtain a septic design engineer to design the repair plans for the failed
septic system at said location and apply for a septic permit with the Health Division within thirty (30)
days of your receipt of this letter.
(3) The septic system shall be installed in strict accordance with the approved engineered plans
within sixty (60) days of your receipt of this letter.
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.
2
Non-compliance will result in the issuance of a non-criminal ticket citation of $100. Each day's failure to
comply with an order shall constitute a separate violation.
PER ORDER OF THE BOARD OF HEALTH
Thomas A. McKean, CHO, IRS.
Director of Public Health
From: n Ig ampert@yahoo.com [mailto:nglampert yahoo.com]
Sent: Monday, May 15, 2017 9:44 AM
To: Health
Subject: Request for copy of letter 59 Kelley Rd
Mr. McKean,
As we discussed on the phone, I am out of town currently, but am willing to send in a reply, on behalf of my mother, to the
February letter you mentioned, if you send me an electronic copy to review.
Thank you,
Nate Lampert
i
3
i
McKean, Thomas
From: nathan lampert <nglampert@yahoo.com>
Sent: Wednesday, May. 17, 2017 1:02 PM
To: McKean, Thomas
Subject: Re: 59 Kelley Rd
Hello Mr. McKean,
Thank you for sending, via email, a copy of the February 10, 2017 letter regarding the septic issue at 59 Kelley
Rd. As I mentioned during our May 15, 2017 phone call, that was the first time I was made aware of the
letter. I was only made aware of the issue in general the previous week during a phone conversation with one
of your employees.
As I also mentioned during our call, I am currently in North Carolina for the week with my family, so I don't
have access to all the information I would normally have regarding my mother's affairs were I home in
Virginia.
In late 2014, my mother allowed me to act as her power of attorney. At that time, I applied for MassHealth on
behalf of my mother for her nursing home care. In order to be eligible for MassHealth, her bank account
balance could not exceed $2000.00. MassHealth also required that most of her income would go towards her
nursing home care. Currently, she receives $1128.00 per month from the Veteran's Administration. $1055.20
is paid to the nursing home. The balance of$72.80 per month is for incidental personal expenses she may
have. With such limited funds, she is unable to pay the property tax for 59 Kelley Rd, much less septic repairs
for a property where she has not resided since at least 2014. You had mentioned that there are individuals
currently residing at 59 Kelley Rd. Mymother never authorized any individual to use her home. That being
the case, I'm unclear as to why there is a septic issue.
At the time I was made power of attorney, I was also made aware that my mother has no will. It is my
understanding that on her death, the Commonwealth of Massachusetts will sell the property to recoup as
much costs as possible for the care she had received via MassHealth.
Should you have any further questions, please do not hesitate to contact me.
On Tuesday, May 16, 2017 1:59 PM, "McKean, Thomas" <Thomas.McKean@town.barnstable.ma.us>wrote:
Thank-you for returning my telephone call this morning and for sending me your e-mail (below).
Below(and attached) is a copy of the correspondence addressed to your mother regarding the overflowing sewage
issue at 59 Kelley Road, Hyannis, Massachusetts.
There is a Board of Health hearing on May 23, 2017 regarding this public health hazard condition.
Sincerely,
Thomas McKean'
1
Town of Barnstable
Regulatory Services
Richard Scali, Director
Public Health Division
Thomas McKean,Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-
4644 Fax: 508-790-6304
ifa►ftuSTAB
MAIM
Certified mail: 7015 1730 0001 4990 3745
I
Start typing below this line:
February 10, 2017
I i
Lucienne Lampert
c/o Joann M. Curran
5 Deerwood Drive
E. Sandwich, MA 02537-1603
NOTICE OF VIOLATIONS OF 310 CMR: 15.00 THE STATE ENVIRONMENTAL CODE TITLE V: MINIMUM
REQUIREMENTS FOR THE SUBSURFACE DISPOSAL OF SANITARY SEWAGE AND TOWN OF
BARNSTABLE CODE § 353-9-DISCHARGE ONTO GROUND PROHIBITED.
On February 8, 2017, Health Inspector David W. Stanton, R.S. investigated a complaint regarding sewage
odors at the property owned by you located at 59 Kelley Road, Hyannis, MA. The following violations of 310
CMR 15.000, the State Environmental Code, Minimum Requirements for the Subsurface Disposal of
Sanitary Sewage and the Town of Barnstable Code were observed:
310 CMR 15.303(1) (a): Septic system is in hydraulic failure. Raw sewage was observed ponding on the
ground
Town of Barnstable Code 4 353-9: Discharge of sewage onto the ground.
(1) You are directed to keep the on-site sewage disposal system pumped as many times as necessary
(daily if needed) to keep it from overflowing onto the ground.
(2) You are ordered to obtain a septic design engineer to design the repair plans for the failed
septic system at said location and apply for a septic permit with the Health Division within thirty (30)
days of your receipt of this letter.
(3) The septic system shall be installed in strict.accordance with the approved engineered plans
within sixty (60) days of your receipt of this letter.
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.
2
Non-compliance will result in the issuance of a non-criminal ticket citation of $100. Each day's failure to
comply with an order shall constitute a separate violation.
PER ORDER OF THE BOARD OF HEALTH
Thomas A. McKean, CHO, RS
Director of Public Health
From: nglampert@yahoo.com [mailto:nQlampert@yahoo.com]
Sent: Monday, May 15, 2017 9:44 AM
To: Health
Subject: Request for copy of letter 59 Kelley Rd
Mr. McKean,
As we discussed on the phone, I am out of town currently, but am willing to send in a reply, on behalf of my mother, to the
February letter you mentioned, if you send me an electronic copy to review.
Thank you,
Nate Lampert
3
Page 1 of 1
Solmonte, Mona
From: McKean, Thomas
Sent: Monday, May 22, 2017 11:53 AM
To: Solmonte, Mona
Subject: CAR#'s 200, 143, 198
Good Morning,
All vehicle door seals (stickers)will need to be removed before June 1st. So these three vehicles will need to go
back to Dave's Reconditioning sometime within the next ten (10) days to have the seals removed.
5/22/2017
McKean, Thomas
From: Morgan Clark <mclark@provincetown-ma.gov>
Sent: Thursday, May 11, 2017 5:09 PM
To: McKean,Thomas;Amy Alati;Ade Solarin, Oak Bluffs BOH;Alexandra Gerry;Amy von
Hone;Aquinnah WT Health Agent; Becky Alden, RN; Bethany Traverse; Bob Canning;
Bob Collett; Bret Stearns; Brian Baumgaertel; Bruce Murphy; Carl Lawson; Carol Eastman;
Catharie Nass, ARC of CC; Chilmark BOH; Chuck Cotnoir; Cindy Coffin; Darren Meyer;
David Carignan; David Mason; Stanton, David; Deb Patellos; Deirdre Arvidson; Denise
Phaneuf; Diana Gaumond; Dukes County Commission; Elisabeth A. Fuller-Haskel; Emily
Beebe, Truro HD; Emily Michele Olmsted; Erika Woods;Gabrielle Sakolsky, CC MCP;
George Heufelder; Glen Harrington; Hillary Greenberg-Lemos; HMCC; Holly Everson;
Jamie Butler, Bourne HD;Jane Crowley;John Powers;John Powers;Judith Giorgio;Julie
Sierputoski; Kim Concra; Kristen Keller; Laura Marin; Lisa Crowner; Lynn Mulkeen;
Mallory Langlor, Falmouth HD; Marina Lent, Chilmark BOH; Mary Devlin, VNA of Cape
Cod; Matt Poole; Maura Valley; Meggan Tierney; Michael Sellitti, WT of Aquinnah; Mike
Dallaire, CCCC HS; Nancy Ellis Ice; Nelson Andrews Jr. MWT; Patricia Pajaron; Paula
Champagne; Stanton, Margaret; Phil Renaud; Richard Ray; Roberto Santamaria; Ron
OConnor, MDPH; Ryan Malonson; Sean O'Brien; Seanna Gretchen;Terri Guarino; Terry
Hayes; O'Connell, Timothy;.Veronica Warden;Zach Seabury
Cc: sobrien@barnstablecounty.org; canniff.paul@gmail.com
Subject: RE: Microblading
Here's our regulations: http://www.provincetown-ma.gov/DocumentCenter/Home/View/357
We haven't had any cosmetic tattoo applicants meet the training requirement yet, so we don't have it currently
performed in town. We distinguish between tattoo (no anatomy/physiology required) and piercing(A&P
required). Apprenticeships are approved case by case according to the course of study proposed and that the mentor is
in good standing. We couldn't allow an apprentice microblader without having an established mentor microblader.
Hope that helps.
Morgan Clark,MSPP
Director,Department of.Health
Town of Provo*icetown
260 Commercial Street
]?.rovi.ncetown,MA 02657
mclark@provincetown-m a.gov
Phone: 508-487-7000 x 529
Confidential Fax: 508-487-7040
Subscribe to Provincetown's Emergency Alert system at hns://alerts.provincetown-ma.gov
From: McKean, Thomas [mailto:Thomas.McKean @town.barnstable.ma.us]
Sent: Wednesday, May 10, 2017 11:45 AM
To: Amy Alati; Ade Solarin, Oak Bluffs BOH; Alexandra Gerry; Amy von Hone; Aquinnah WT Health Agent; Becky Alden,
RN; Bethany Traverse; Bob Canning; Bob Collett; Bret Stearns; Brian Baumgaertel; Bruce Murphy; Carl Lawson; Carol
Eastman; Catharie Nass, ARC of CC; Chilmark.BOH; Chuck Cotnoir; Cindy Coffin; Darren Meyer; David Carignan; David
Mason; Stanton, David; Deb Patellos; Deirdre Arvidson; Denise Phaneuf; Diana Gaumond; Dukes County Commission;
Elisabeth A. Fuller-Haskel; Emily Beebe, Truro HD; Emily Michele Olmsted; Erika Woods; Gabrielle Sakolsky, CC MCP;
George Heufelder; Glen Harrington; Hillary Greenberg-Lemos; HMCC; Holly Everson; Jamie Butler, Bourne HD; Jane
Crowley; John Powers; John Powers; Judith Giorgio; Julie Sierputoski; Kim Concra; Kristen Keller; Laura Marin; Lisa
. 1
Crowner; Lynn Mulkeen; Mallory Langlor, Falmouth HD; Marina Lent, Chilmark BOH; Mary Devlin, VNA of Cape Cod; Matt
Poole; Maura Valley ; Meggan Tierney; Michael Sellitti, WT of Aquinnah; Mike Dallaire, CCCC HS; Morgan Clark; Nancy
Ellis Ice; Nelson Andrews Jr. MWT; Patricia Pajaron; Paula Champagne; Stanton, Margaret; Phil Renaud; Richard Ray;
Roberto Santamaria; Ron OConnor, MDPH; Ryan Malonson; Sean O'Brien; Seanna Gretchen; Terri Guarino; Terry Hayes;
O'Connell, Timothy; Veronica Warden; Zach Seabury
Cc: sobrien@barnstablecounty.org; canniff.paul@gmail.com
Subject: Microblading
Good Morning,
The Barnstable Board of Health is requesting your assistance regarding an application to conduct micro-blading of
eyebrows.
The questions are:
- Has your health department received any applications to conduct "micro-blading?"
- If yes, was the application approved? Did.you treat the application in the same manner as a body art
practitioner application?
- In regards to body art in general, how do you process or approve apprenticeships in regards to body art
practitioners who never completed a college accredited class in anatomy and physiology? (Recall that
the County model regulation required a college accredited class in anatomy and physiology for body
art practitioners).
Below is an article regarding microblading and a you tube demonstration:
http://www.today.com/style/what-microblading-everything-know-about-eyebrow-trend-t101425
https://www.youtube.com/watch?v=AddMlLafzlM
Sincerely,
T. McKean
From: Amy Alati [mailto:aalatiCa barnstablecounty.orQl
Sent: Friday, April 21, 2017 10:38 AM
To: Ade Solarin, Oak Bluffs BOH; Alexandra Gerry; Amy von Horie; Aquinnah WT Health Agent; Becky Alden, RN; ,
Bethany Traverse; Bob Canning; Bob Collett; Bret Stearns; Brian Baumgaertel; Bruce Murphy; Carl Lawson; Carol
Eastman; Catharie Nass, ARC of CC; Chilmark BOH; Chuck Cotnoir; Cindy Coffin; Darren Meyer; David Carignan; David
Mason; Stanton, David; Deb Patellos; Deirdre Arvidson; Denise Phaneuf; Diana Gaumond; Dukes County Commission;
Elisabeth A. Fuller-Haskel; Emily Beebe, Truro HD; Emily Michele Olmsted; Erika Woods; Gabrielle Sakolsky, CC MCP;
George Heufelder; Glen Harrington; Hillary Greenberg-Lemos; HMCC; Holly Everson; Jamie Butler, Bourne HD; Jane
Crowley; John Powers; John Powers; Judith Giorgio; Julie Sierputoski; Kim Concra; Kristen Keller; Laura Marin; Lisa
Crowner; Lynn Mulkeen; Mallory Langlor, Falmouth HD; Marina Lent, Chilmark BOH; Mary Devlin, VNA of Cape Cod; Matt.
Poole; Maura Valley ; Meggan Tierney; Michael Sellitti, WT of Aquinnah; Mike Dallaire, CCCC HS; Morgan Clark; Nancy
Ellis Ice; Nelson Andrews Jr. MWT; Patricia Pajaron; Paula Champagne; Stanton, Margaret; Phil Renaud; Richard Ray;
Roberto Santamana; Ron OConnor, MDPH; Ryan Malonson; Sean O'Brien; Seanna Gretchen; Terri Guarino; Terry Hayes;
McKean, Thomas; O'Connell, Timothy; Veronica Warden; Zach Seabury
Cc: 'Aschengrau, Ann'
Subject: RE: C&I Health Agents Meeting - Reminder 04/28/17
Good morning, All:
2
(/ - 09:%c, Cam'°) i 7 axa(1
Thank you for sending, via email, a copy of the February 10, 2017 letter regarding the septic issue at 59 Kelley
Rd. As I mentioned during our May 15, 2017 phone call, that was the first time I was made aware of the
letter. I was only made aware of the issue in general the previous week during a phone conversation with one
of your employees.
As I also mentioned during our call, I am currently in North Carolina for the week with my family, so I don't
have access to all the information I would normally have regarding my mother's affairs were I home in
Virginia.
In late 2014, my mother allowed me to act as her power of attorney. At that time, I applied for MassHealth on
behalf of my mother for her nursing home care. In order to be eligible for MassHealth, her bank account
balance could not exceed $2000.00. MassHealth also required that most of her income would go towards her
nursing home care. Currently, she receives $1128.00 per month from the Veteran's Administration. $1055.20
is paid to the nursing home. The balance of$72.80 per month is for incidental personal expenses she may
i have. With such limited funds, she is unable to pay the property tax for 59 Kelley Rd, much less septic repairs
for a property where she has not resided since at least 2014. You had mentioned that there are individuals
currently residing at 59 Kelley Rd. My mother never authorized any individual to use her home. That being
the case, I'm unclear as to why there is a septic issue.
At the time I was made power of attorney, I was also made aware that my mother has no will. It is my
understanding that on her death, the Commonwealth-of Massachusetts will sell the property to recoup as
much costs as possible for the care she had received via MassHealth.
Should you have any further questions, please do not hesitate to contact me.
On Tuesday, May 16, 2017 1:59 PM, "McKean, Thomas" <Thomas.McKean(otown.barnstable.ma.up wrote:
Thank you for returning my telephone call this morning and for sending me your e-mail (below).
Below (and attached) is a copy of the correspondence addressed to your mother regarding the overflowing sewage
issue at 59 Kelley Road, Hyannis, Massachusetts.
There is a Board of Health hearing on May 23, 2017 regarding this public health hazard condition.
Sincerely,
• n
Thomas McKean
Town of Barnstable
Regulatory Services
Richard Scali, Director
Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-
3
BOH
May 23, 2017
`oFIME Town of Barnstable
Regulatory Services
• BARNSTABLE,
v�P i6� `0g
s6,39. ° Public Health Division
Thomas McKean,Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
Certified Mail: 7015 1730 0001 499.0 3769 May 11, 2017
Mr._Nathan Lampert
Power of Attorney for Lucienne Lampert
I 2209 No. Somerset
Arlington, VA 22265
NOTICE OF SHOW-CAUSE HEARING
You will be given an opportunity to be heard at 3:00 PM. on May. 23, 2017 at the
Barnstable Town Hall, second floor Hearing Room, to show-cause why your dwelling
located at,-59 Kelley Road Hyannis should not be condemned due to serious violations of
Article II, 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation.
This property owned by you located at 59 Kelley Road, Hyannis, MA was inspected on
February 8, 2017 by David. Stanton, R.S., Chief Health Inspector for the Town of
Barnstable. This inspection was conducted in response to complaints filed with the
Public Health Division. The following State Sanitary Code violation was observed on
February 8, 2017::
410.750 (F): Raw sewage observed on top of ground in the area of the septic system ,
location.
On December 7, 2016, Health Inspector James Parziale observed the following violations
of the State Sanitary Code:
410.750 (A): Failure to provide water.
410.750 (N): Failure to provide smoke detectors or carbon monoxide alarms
410.750 (P): Side entrance door has broken pane and cannot be secured against
unlawful entry
QAOrder letters\Condemnations\59 kelley Road Hyannis Lampert.docx
+ a„F
.�
These conditions which are listed within Section 410.750 of the State Sanitary Code,
when found to exist in residential premises, shall be deemed as conditions which may
endanger or impair the health, or safety and well-being of a person or persons occupying
the premises.
Due to the serious nature of these violations, the Board of Health routinely orders
violators to correct these types of conditions within 24 hours. However, at this property,
these conditions have existed uncorrected for several months.
After the Board of Health held a hearing in December of 2016 regarding the public health
violations,'the water was turned back on. As of this date, all of the other violations (i.e
raw sewage overflowing, no smoke detectors, no carbon monoxide detectors, broken side
entrance door) remain uncorrected.
During the May 23, 2017 hearing, you will be given an opportunity to testify, present
witnesses, and any documentary evidence to show-cause why the dwelling should not be
condemned.
PER ORDER OF THE.BOARD OF-HEALTH
s . McKean, R: ., CHO
Health Agent
Town of Barnstable
` I
QAOrder letters\Condemnations\59 kelley Road Hyannis Lampert.docx
f ,
,,oF lati Town of Barnstable
o�
Regulatory Services
• eaRNsreatE.
Mass.
9� i639• ,0�
Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
May 11, 2017
4 COPY to RICHARD PARKS, OCCUPANT, 59 Kelley Road, Hyannis
Certified Mail: 7015 1730 0001 4990 3769
Mr.Nathan Lampert
Power of Attorney for Lucienne Lampert
2209 No. Somerset
Arlington,VA 22205
NOTICE OF SHOW�CAUSE HEARING
You will be given an opportunity to be heard at 3:00 PM. on May 23, 2017 at the
Barnstable Town Hall, second floor Hearing Room, to show-cause why your dwelling
located at-59 Kelley Road Hyannis should not be condemned due to serious violations of
Article II, 105 CMR 410.000, Minimum Standards of Fitness for Human Habitation.
This property owned by you located at 59 Kelley Road, Hyannis, MA was inspected on
February 8, 2017 by David :Stanton, R.S., Chief Health Inspector for the Town of
Barnstable. This inspection was conducted in response to complaints filed with the
Public Health Division. The following State Sanitary Code violation was observed on
February 8, 2017::
410.750 (F): Raw sewage observed on top of ground in the area of the septic system
' location.
On December 7, 2016, Health Inspector James Parziale observed the following violations
of the State Sanitary Code:
410.750 (A): Failure to provide water.
410.750 (N): Failure to provide smoke detectors or carbon monoxide alarms
410.750 (P): Side entrance door has broken pane and cannot be secured against
unlawful entry
QAOrder letters\Condemnations\59 kelley Road Hyannis Lampert CC to RichardParksOccup.docx
1 '
These conditions which are listed within Section 410.750 of the State Sanitary Code,
when found to exist in residential premises, shall be deemed as conditions which may
endanger or impair the health, or safety and well-being of a person or persons occupying
the premises.
Due to the serious nature of these violations, the Board of Health routinely orders
violators to correct these types of conditions within 24 hours. However, at:this property,
these conditions have existed uncorrected for several months.
After the Board of Health held a hearing in December of 2016 regarding the public health
violations, the water was turned back on. As of this date, all of the other violations (i.e
raw sewage-overflowing, no smoke detectors, no carbon monoxide detectors, broken side
entrance door) remain uncorrected.
During the May 23, 2017 hearing, you will be given an opportunity to testify, present
witnesses, and any documentary evidence to show-cause why the dwelling should not be
condemned.
PER ORDER OF THE BOARD OF HEALTH
omas A. McKean,R.S., CH
Health Agent
Town of Barnstable
QAOrder letters\Condemnations\59 kelley Road Hyannis Lampert CC to RichardParksOccup.docx
RE: 59 Kelley Road, Hyannis
Letter Dated May 11, 2017 NOTICE OF SHOW-CAUSE HEARING
Distribution:
Original Nathan Lampert, Power of Attorney(son) Certified + Regular Mail
Original with Attention Line: COPY to RICHARD PARKS, OCCUPANT, 59 Kelley Rd, Hyannis Regular Mail
Cc: Leo Curran, 5 Deerwood Dr, E.Sandwich; MA 02537 (son-in law) Regular Mail
Bcc: Andrea Hachey, Protective Service Supervisor, Elder Services, 68 Rte. 134,South Dennis, MA "
02660-3774
Bcc: Ruth Weil,Town Attorney,Town of Barnstable
Bcc: Claudia Borden, Outreach Coordinator, Senior Services,Town of Barnstable
Bcc: David Stanton, Health Inspector,Town of Barnstable
i
Q:\Order letters\Condemnations\59 Kelley Rd Hy Distrib of let 5-11-17 Show-Cause.doa
�o�tTati Town of Barnstable
Regulatory Services
BARNSTABM
MASS.
�f039. Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
Certified Mail: 7015 1730 0001 4990 3424 May 11, 2017
Copy mailed to OCCUPANTS, 59 Kelley Road, Hyannis
Lucienne Lampert
5 Deerfield Road
E. Sandwich, MA 02537
NOTICE OF SHOW-CAUSE HEARING
You will be given an opportunity to be heard at 3:00 PM. on May 23, 2017 at the
Barnstable Town Hall, second floor Hearing Room, to show-cause why your dwelling
located at 59 Kelley Road Hyannis should not be condemned due to serious violations of
105 CMR 410.000. This property owned by you located at 59 Kelley Road, Hyannis,
MA was inspected on February 8; 2017 by David Stanton, R.S., Chief Health Inspector
for the Town of Barnstable. This inspection was conducted in response to complaints
filed with the Public Health Division. The following violation of the State Sanitary Code
were observed:
410.750 (F): Raw sewage observed on top of ground in the area of the septic system
location.
On December 7, 2016, Health Inspector James Parziale observed the following
violations:
410.750 (A): Failure to provide water.
410.750 (N): Failure to provide smoke detectors or carbon monoxide alarms
410.750 (P): Side entrance door has broken pane and cannot be secured against
unlawful entry
After the December 2016 Board of Health hearing was held regarding the public health
violations, the water was apparently turned back on but the water bills remain unpaid per
the Hyannis Water Department. As of this date, the other violations remain uncorrected.
QAOrder letters\Condemnations\59 kelley Road Hyannis Lampert Copy To Occupants.docx
t
During this hearing, you will be given an opportunity to testify, present witnesses, and
any documentary evidence to show-cause why the dwelling should not be condemned.
PE ORDER OF T BOARD OF HEALTH
McKean, R. ., HO
Health Agent
Town of Barnstable
McKean, Thomas
From: McKean, Thomas
Sent: Thursday, May 11, 2017 9:16 AM
To: Weil, Ruth
Subject: 59 Kelley Road, Hyannis/ Rental Dwelling Owned by Lucienne Lampert Who is In a
Nursing Home
Good Morning Ruth,
The property located at 59 Kelley Road has multiple serious health violations- overflowing raw sewage, no smoke
detectors, no carbon monoxide detectors, and a broken side door.The owner of this property, Lucienne Lampert, is in a
nursing home with dementia , somewhere in Yarmouth.
i
A Board of Health hearing was held in December 2016, due to failure to provide water. The water was turned-off due to
non-payment. The owner's daughter Joanne Curran attended the hearing along with Claudia of Senior Center(an
elderly gentleman resides at this dwelling). Soon after the hearing,the water was turned back on. [I was later informed
the water bill remains unpaid however.]
On March 3, 2017, the owner's daughter Joanne Curran, age 45, passed away due to a brain hemorrhage.
At this time, we continue to receive complaints from a neighbor regarding overflowing sewage on the ground.
I scheduled a public hearing before the Board of Health on May 23, 2017. However, I am unable to locate a responsible
party (a close relative). Joanne's obituary does not identify any siblings (copy below) .
Please advise-what do you recommend? If the owner,or the owner's representative, fails to appear at the upcoming
Board of Health hearing, does the Board have the authority to condemn the dwelling?
----------------------------------------------------------------------------------------------------------------------------------------------------------------
----------------
Letter Prepared Today:
May 11,
2017
Lucienne Lampert
5 Deerfield Road
E. Sandwich, MA 02537
NOTICE OF SHOW-CAUSE HEARING
You will be given an opportunity to be heard at 3:00 PM. on May 23, 2017 at the Barnstable Town Hall, second floor
Hearing Room,to show-cause why your dwelling located at 59 Kelley Road Hyannis should not be condemned due to
serious violations of'105 CMR 410.000. This property owned by you located at 59 Kelley Road, Hyannis, MA was
inspected on February 8, 2017 by David Stanton, R.S., Chief Health Inspector for the Town of Barnstable. This inspection
was conducted in response to complaints filed with the Public Health Division. The following violation of the State
Sanitary Code were observed:
410.750 (F): Raw sewage observed on fop of ground in the area of the septic system location.
. 1
On December 7, 2016, Health Inspector James Parziale observed the following violations:
410.750 (A): Failure to provide water.
410.750 (1): Failure to provide smoke detectors or carbon monoxide alarms
410.750 (P): Side entrance door has broken pane and cannot be secured against unlawful entry
After the December 2016 Board of Health hearing was held regarding the public health violations, the water was
apparently turned back on but the water bills remain unpaid per the Hyannis Water Department. As of this date,the
other violations remain uncorrected.
During this hearing, you will be given an opportunity to testify, present witnesses, and any documentary evidence to
show-cause why the dwelling should not be condemned.
If/when a dwelling is condemned., all occupants shall vacate the dwelling within twenty—four(24) hours.
PER ORDER OF THE BOARD OF HEALTH
Thomas A. McKean, R.S., CHO
Health Agent
Town of Barnstable
OBITUARY
SANDWICH-JoAnn Marie Curran,age 43,of Sandwich, passed away unexpectedly from a brain hemorrhage on Friday
March 3rd, 2017.JoAnn was born on December 20, 1973 in Hyannis,MA,the daughter of John and Lucienne Lampert. �
In 1994,JoAnn married the love of her life, Leo F: Curran. They were married 23 years, half of her entire lifetime. Together
they raised 3 beautiful and intelligent children;Chelsea,Kyle, and Kaitlyn. JoAnn also had a granddaughter Penelope whom she
loved dearly.
JoAnn's extended family consisted of her foster parents, William and Artis Chapman,their family,Richard and Jennifer Brann,
their family, and the family of Calvary Chapel Cape Cod. She had,many friends she considered family as well,too many to
name.
JoAnn was the most amazing mother and grandmother you could ever imagine.Her entire life was for her children. She was a
gifted special needs teacher. She spent every second she could with her family,by nature,or by the ocean. Her love for helping
others was never ending. She always brought joy&happiness anywhere she went.
The wake will be held on Friday March 10, 2017 from 4-7 at Doane,Beal and Ames Funeral Home 160 West Main Street
Hyannis. Her memorial service will be held on Sunday March 26,2017. at 3p.m. at Calvary Chapel Cape Cod 10 Jan Sebastian
Drive Sandwich.Anyone and everyone who Loved JoArm is welcome to come and celebrate her.
Hello Ruth,
2
Crocker, Sharon
From: McKean, Thomas
Sent: Thursday, May.11, 2017 8:26 AM
To: Crocker, Sharon
Subject: FW: 59 Kelley Road Hyannis
Sharon
If We can locate the owner's son, I would like to schedule the condemnation hearing for May 23, 2017
From: McKean, Thomas
Sent: Thursday, May 11, 2017 8:24 AM
To: Stanton, David
Cc: Crocker, Sharon
Subject: 59 Kelley Road Hyannis
IPSWICH TO Claudia at Senior Services:
Borden,Claudia-4754: I believe my contact died. The owner is in a nursing home with dementia but I believe there is a son involved. Let
me contact elder services and see what I can find out. C
McKean,Tom -4640 : Can you help us locate the address for the son? We need to schedule a condemnation hearing on May 23. 2017
i "VI
tee.' -�D
All"
1
Crocker, Sharon
From: McKean, Thomas
Sent: Thursday, May 11, 2017 8:24 AM
To: Stanton, David
Cc: Crocker, Sharon
Subject: 59 Kelley Road Hyannis
IPSWICH TO Claudia at Senior Services:
Borden,Claudia -4754: I believe my contact died. The owner is in a nursing home with dementia but I believe there is a son involved. Let
me contact elder services and see what I can find out. C
McKean,Tom-4140 : Can you help us locate the address for the son? We need to schedule a condemnation hearing on May 23..2017
1
Crocker, Sharon
From: McKean, Thomas
Sent: Thursday, May 11, 2017 1:42 PM
To: Stanton, David
Cc: Crocker, Sharon
Subject: 59 Kelley Road, Hyannis
F.Y.I.
Ms. Andrea Hachey of Elder Services telephoned the Health Division Office today. She represents Richard Parks who
resides at 59 Kelley Road, Hyannis. I telephoned her back (508 394-4630 X 302)and provided her with the information
that we have-as of this date.
Sharon - Please mail the occupant a copy of the hearing notice.
Address it to: Richard Parks, 59 Kelley Road, Hyannis MA 02601
i
. 1 ,
Crocker, Sharon
From: McKean, Thomas
Sent: Thursday, May 11, 2017 3:03 PM
To: Crocker, Sharon
Subject: RE: 59 kelley Road Hyannis Lampert.docx
Attachments: 59 kelley Road Hyannis Lampert.docx
Please'send the attached letter by regular mail and certified mail to the addressee, with copies to:
'Claudia Borden, Andrea Hachey, Ruth Weil, David Stanton, Richard Parks Occupants,
J
1
Crocker, Sharon
From: McKean, Thomas
Sent: Thursday; May 11, 2017 2:16 PM
To: T Crocker, Sharon
Subject: o FW: 59 Kelley Road/ Notice of Condemnation Hearing
� ar e
to o �m� Sharon,
'Da
Please re-address the letter/send the hearing notification letter to:
Nathan Lampert is the son and Ms. Lamperts Power of Attorney. His address is 2209 No. Somerset, Arlington,
Va.22205.
Please send him the letter by both regular mail and certified mail.
From: Borden, Claudia
Sent: Thursday, May 11, 2017 1:51 PM
To: McKean, Thomas
Subject: RE: 59 Kelley Road/ Notice of Condemnation Hearing
The Deerfield address is for deceased Daughter's husband Leo Curran. Nathan Lampert is the son and Ms. Lamperts
Power of Attorney, his address is 2209 No. Somerset,Arlington, Va.22205.
From: McKean, Thomas
Sent: Thursday, May 11, 2017 8:51 AM
To: Borden, Claudia; Keijser, Hans
Subject: 59 Kelley Road/ Notice of Condemnation Hearing
Town of Barnstable
Regulatory Services
Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
May 11, 2017
Lucienne Lampert
5-Deerfield Road
E. Sandwich, MA 02537
1
Crocker, Sharon
From: McKean, Thomas
Sent: Thursday, May 11, 2017 2:08 PM
To: opVE Crocker, Sharon;Weil, Ruth
Cc: �y� Stanton, David
Subject: H Q� FW: 59 Kelley Road/ Notice of Condemnation Hearing
HAIi:`5'PAOLE
MAn
From: Borden; Claudia
Sent: Thursday, May 11, 2017 1:51 PM
To: McKean, Thomas -
Subject: RE: 59 Kelley Road/ Notice of Condemnation Hearing
The Deerfield address is for deceased Daughter's husband Leo Curran. Nathan Lampert is the son and Ms. Lamperts
Power of Attorney, his address is 2209 No. Somerset, Arlington,Va.22205.
From: McKean, Thomas
Sent: Thursday, May 11, 2017 8:51 AM
To: Borden, Claudia; Keijser, Hans
Subject: 59 Kelley Road/ Notice of Condemnation Hearing
Town of Barnstable n
Regulatory Services
Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
May 11, 2017
Lucienne Lampert
5 Deerfield Road
E. Sandwich, MA 02537
NOTICE OF SHOW-CAUSE HEARING
You will be given an opportunity to be heard at 3:00 PM. on May 23, 2017 at the Barnstable Town Hall, second
floor Hearing Room, to show-cause why your dwelling located at 59 Kelley Road Hyannis should not be
condemned due to serious violations of 105 CMR 410.000. This property owned by you located at 59 Kelley
Road, Hyannis, MA was inspected on February 8, 2017 by David Stanton, R.S., Chief Health Inspector for the
Town of Barnstable. This inspection was conducted in response to complaints filed with the Public Health
Division. The following violation of the State Sanitary Code were observed:
i
Crocker, Sharon
From: McKean, Thomas
Sent: Thursday, May 11, 2017 3:09 PM
To: t Crocker, Sharon
Subject: ° ° 3. RE: 59 Kelley Road/ Notice of Condemnation Hearing
�a Sharon
Please mail a copy of the letter to Leo Curran in Sandwich.
- G�IV
He was the husband of the late Joann-Curran
From: McKean,Thomas
Sent: Thursday, May 11, 2017 2:16 PM
To: Crocker, Sharon
Subject: FW: 59 Kelley Road/ Notice of Condemnation Hearing
Sharon,
Please re-address the letter/send the hearing notification letter to:
- Nathan Lampert is the son and Ms. Lamperts Power of Attorney. His address is 2209 No. Somerset, Arlington,
Va.22205.
Please send him the letter by both regular mail and certified mail.
From: Borden, Claudia
Sent: Thursday, May 11, 2017 1:51 PM
To: McKean, Thomas
Subject: RE: 59 Kelley Road/ Notice of Condemnation Hearing
The Deerfield address is for deceased Daughter's husband Leo Curran. Nathan Lampert is the son and Ms. Lamperts
Power of Attorney, his address is 2209 No. Somerset, Arlington,Va.22205.
From: McKean, Thomas
Sent: Thursday, May 11, 2017 8:51 AM
To: Borden, Claudia; Keijser, Hans
Subject: 59 Kelley Road/ Notice of Condemnation Hearing
Town of Barnstable
Regulatory Services
1
Town of Barnstable
Board of Health
200 Main Street, Hyannis MA 02601
Office: 508-8624644 Paul Canniff,D.M.D.
FAX: 508-790-6304 Donald Guadagnoli,MD
Junichi Sawayanagi
I
February 13, 2017
Certified Mail : 7015 1730 0001 4990 3752
Lucienne Lampert
c/o Joann M. Curran
5 Deerwood Drive
E. Sandwich, MA 02537-1603
NOTICE TO.APPEAR AT BOARD OF IEALTH
,.
SHOW CAUSE HEARINGk x '
Dear Ms. Lampert:
You are scheduled to appear before the Board of Health on Tuesday, March 28, 2017 at
3:00 p.m. at the Town of Barnstable Town Hall, second floor Hearing Room, 367 Main
Street, Hyannis, for a show-cause hearing.
This hearing will be held to show-cause why the dwelling owned by you located at 59
Kelley Road,Hyannis,MA, should not be-condemned due to your failure to rectify a
critical violation of the State Sanitary Code as ordered in the notice dated December 7,
2016, received on December 10, 2016. This hearing is a continuation from the December
20, 2016 hearing. To date, you have not registered your rental property with the Town of
Barnstable Health Division and have an outstanding bill for the Barnstable Water
Company. This hearing will also include the recent discovery of a failed septic system
observed at this location on February 8, 2017.
During this hearing, you will have an opportunity to be heard, present witnesses, and
provide documentary evidence pertinent to this case.
PER O=cKean,
F HEALTH
Agent of the Board of Health
cc: Atty. Ruth Weil, Paul Caniff, James Toner of Elderly Services:james.toner@escci.org,
Hans Kaiser of Barnstable Water Company
Q:\Order letters\S HOW.CAUSE Letters and Samples\59 Kelley road hyannis 2.doc
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BOH
MAR 28.1 2017.
I. Condemnation Hearing: Show-Cause Housing:
Joanne Curran, representing for Lucienne Lampert, owner— 59 Kelley Road,
Hyannis, Map/Parcel 292-066, one elderly occupant, critical violation — failure to
provide water.
The Barnstable Water Company generously turned the water back on for the
moment.
The Board voted to allow a period of 30 days to have the water bill and the rental
application paid. (The tenants are to pay the water bill in January. They had
previously agreed to use their. Dec rent to pay the water bill this month.) This item
will be continued to the March 28, 2017 meeting to verify everything has been
done.
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I
BOH MAR 28 2017
EXCERPT FROM THE BOARD OF HEALTH MEETING MINUTES ON DECEMBER 20, 2016
I. Condemnation Hearing: Show-Cause Housing:
Joanne Curran, representing for Lucienne Lampert, owner— 59 Kelley Road,
Hyannis, Map/Parcel 292-066, one elderly occupant, critical violation —failure to
provide water.
Claudia Borden, Outreach Coordinator at the Senior Center, and Joanne Curran,
the owner's daughter, were present at the meeting. The owner is in a nursing . .
home. The Barnstable Water Company generously turned the water back on for
the moment.
Ms. Borden said the tenants have agreed to send their January 2017 rent money
to the water company to cover the water bill. There is concern as the tenants had
agreed to do this for December, as well, and did not pay the water or rent.
The property also needs to register as a rental. Joanne Curran said she is not
available to take the property requirements on. Claudia Borden said she will assist
her in working through it.
Upon a motion made and duly seconded, the Board voted to allow a period of 30
days to have the water bill and the rental application paid. This will be continued to
the March 28, 2017 meeting to verify everything has been done. (Unanimously,
voted in favor.)
I .
Q:\MINUTES\EXCERPT OF MINUTES\EXCERPTS\Excerpt BOH DEC 2016 59 Kelley Rd Hy.doc