HomeMy WebLinkAbout0120 LINCOLN ROAD - Health 12WEifie liv9d Hyannis =
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TOWN OF BARNSTABLE
LOCATION J� ��%r e��� �� SEWAGE# '2o/�j' -6` 1
VILLAGE / pY<�ti �S ASSESSOR'S MAP&PARCEL' 0 7"0 — US
INSTALLER'S NAME&PHONE NO.-• 1�� Ct6 ri-v -�c�"�" W / ,�L
SEPTIC TANK CAPACITY / S OO
' LEACHING FACILITY-(type)
NO.OF BEDROOMS '{ .
OWNER
PERMIT DATE: '— < �!� COMPLIANCE DATE:
Separation Distance Between the:
Maximum Adjusted Groundwater Table to-the Bottom of Leaching Facility Feet
Private Water Supply Welland Leaching Facility(If any wells exist on
site or within-200 feet of leaching facility) Feet
Edge of Wetland and Leaching Facility(If any wetlands exist within
3.00 feet of leaching facility) . -Feet
FURNISHED BY
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No. 19 ``� Fee �Ll�
THE COMMONWEALTH OF MASSACHUSETTS Entered in computer:
Yes
PUBLIC HEALTH DIVISION — TOWN OF BARNSTABLE, MASSACHUSETTS
9pptitation for MisposAl 6pstem Construction permit
Application for a Permit to Construct( ) Repair(✓Upgrade( ) Abandon( ) Complete System ❑Individual Components
ok
Location Address or Lot No. 12o Z4,Lo) Owner's Name,Address,and Tel.No.
Assessor's Map/Parcel cel 26 '7' uhfi"� Z J 4� 6 p lG �,�--k
Installer's Name,Address,and Tel.No. SZ�F 9 6y �1/_ Designer's Name,Address,and Tel.No.
6 j fCo,It, �-Er dj 'i �U c I l/l�l✓ S -�✓L �v/ 5
Type of Building:
Dwelling No.of Bedrooms Lot Size sq.ft. Garbage Grinder( )
Other Type of Building No.of Persons Showers( ) Cafeteria( )
Other Fixtures
Design Flow(min.required) �2 gpd Design flow provided 3-3'D gpd
Plan Date Number of sheets Revision Date
Title � ,�
Size of Septic Tank l p�/r�,0 Type of S.A.S. 2 00
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 Certificate of
Compliance has been issued by this Board of Hea
Signe Date
Application Approved by Date All
Application Disapproved by Date
for the following reasons
Permit No. Date Issued
F 4r -Y_ r 4- _P' � �•
Fee
No. THE COMMONWEALTH,OF MASSACHUSETTS Entered in coinputeif' Ye
PUBLIC HEALTH DIVISION - TOWN OF BARNSTABLE, MASSACHUSETTS
Zippfication for 010sai 6pstern Construction Permit
Application for a Permit to Construct( ) Repair(✓Upgrade( ) Abandon( ) Complete System ❑Individual Components ,
Location Address or Lot No. /ZV Z/q(C,J 1-619 Owner's Name,Address,and Tel.No.
Assessor's Map/Parcel 2 Q
Installer's Name,Address,and Tel.No. ,j`-p� 3 4'�, 9/glf7 Designer's Name,Address,and Tel.No.
kwl ^ L J/C!!4yle, e
' Type of Building:
Dwelling No.of Bedrooms Z Lot Size sq.ft. Garbage Grinder( )
,Other Type of Building �,No.of Persons Showers( ) Cafeteria( )
Other Fixtures
Design Flow(min.required) Z 2 a gpd Design flow provided Q gpd
Plan Date Number of sheets Revision Date
Title
Size of Septic Tanks f, (_)() Type of S.A.S. 2 <b0
Description of Soil';
Nature of Repairs or Alterations(Answer when applicable) p
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 Codeland not to place the system in operation until a Certificate of
Compliance has been issued by this Boa�ofalt '' -
Signed Date
L': p
Application Approved by r Date -(
Application Disapproved by Date
for the following reasons -
Permit No. / Date Issued -3 �J
---------------------------------------------------------------------------------------------------------------------------------------
THE COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE,MASSACHUSETTS
Certificate of Compliance
THIS IS TO CERTIFY,that the On-site Sewage Disposal system Constructed( ) Repaired( ) Upgraded( )
Abandoned( )by "d 4, 0:"o
at P7.y 1 .;, a/✓r Ad has been constructed in accordance
with the provisions of Title 5 and the for Disposal System Construction Permit N •/_—G7�ated /�/ 9
Installer h��� f�,L`�-L., �. Designer / ;i (i✓d
#bedrooms Approved des' o 0 gpd
The issuanc o�thi e it sh 1 not be construed as a guarantee that the system ill funcGi n as d gned.
Date LI 1 Inspector � to �.
t �; -
No. !:) —0-7- Fee /0 U
THE COMMONWEALTH OF MASSACHUSETTS
PUBLIC HEALTH DIVISION -BARNSTABLE,MASSACHUSETTS
Disposal *pstem Construction 'permit
Permission is hereby granted to Construct Repair( ) Upgrade( ) Abandon( )
System located at l 2 O
and as described in the above Application for Disposal System Construction Permit. The applicant recognized his/her duty to comply with
Title 5 and the following local provisions or special conditions.
Provided:Construction us be completed within three years of the date of this perrrr
Date Approved by 1�1�
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Insfaller&Designer C`er tlfkatron For m
Date �"t Sena e per t � � �? u
n
----- g assessor s 1t'Iap�Pareel � 05
7
�jeSlnitet v r „ r
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f
� C 4�C Installer vk:4"R'�C2. ,`J'2i c�,vF•-,;�•; �; �,
3 address` Z tql, Cry;s f c/ {" t
Addr, ss 3 +e�-.4 �y,t {
,, emu, /� °G Z �{ 1.k tl`'l` 62-.c�3s.'"
` r q ,
nn ���� f+cYe1� �. rr as issued a pelmet to install a
(date (Installer}
septic system at l 2 c) L� 1,-, Zap �t is
A_, s
� I based on a design-d..I - I by
x dress}(ad
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v '.,
/ t 1
t_. /1y,'r)�, n ✓ Zs f bt' datcel �= �^„ 1
(des ejne#)
_ I`ce1 tlfI that the septic systezrl Iefeleneed abar e ua,as Installed slzbstan#Tally acc�rding-to
the design, which may include mnor approved changes such,as,lateral relocation of the
dtstnbutlon bqx and/ - septic talak Strip out �If egtllrad} uTas inspected and`the soils
r wk e found sattsfactar
, y � `
L`cerh:5,that tl c septic Sy,tcm Ieferenced,abave ' a5 Installed vi�tth major chanrres (t:e
n Ieater,than 10' la#cral Ielocatlan a#.,the1,AS or alit'vertical ielocation•,of any compat etat
of the septic system) vut>in'accordant e ,�,�itl .State R Locat Remxlatioris.'Plan revrstan;;ol
cel ttfiea as built by designer to fOIIoyv Stl,- t1I1#(it ruqurred) rv,as,inspected and the soils
,t ere found satisiactoiyt
I certify that the systan referenced aUave ryas calstlacted >Ii wnhthe telxn5,
of the I\?.ap ro,al ttels(If applicable} .
ya wusst
�" c PEtNZE }s
RT
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r (It,stalle> S SIlsIlatllre) cliq
t0 35A ...
_it' VRft3lSSE
_ F E N neslgnel's SIgnaAire) Slgne ere)
(A Ix ,e
" 4 PLE4SE RET.URI�I TC} BARNSTiBLE=PCjBLIC:HEALTII:;DIZ'ISIC)N . CIEI2TIFICATE}
OF COlrfPL _ANCE`�3>L;I NC)TnBE TSSLIEI) UNTIL BU`TH THIS .FORIV 'AND A
Bt1TLT,CARD ARE RECEIVED BY THE DA"STABLE PUBLIC HEALTH D'T4'IStAN
TH \ IFOIi:
<. be 1 a Deswner:ceirttfication F06n1 S.,1,4-13.dut
Engineers`note This cerhficaUon s Limited o an s bath inspec ion"o system Components as!nstalfcd prior-to bdckf'sii.The
ena Weer did noCsul ervis tpnstrt 1, `qt the s,sEern The iotta3ler assumes responstBflit or alf ma enals prkmanship,kpa fi{i'rng
to spgct,ied gr des lsth p aaer.compact on and-ethne risers co ers z �hou�n;on the destcn qI n.
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"'s: Town of Barnstable
� f ,
Department of Regulatory Services.
-Public Health Division Date ad '
.°
�A i639. . ZOO Main Street,Hyannis MA 02601
Date Scliedtiled U Time. I ee'Pd,
X
Soil Suitability Assessment far age Dis'pbsal
Performed-8y: ►" / �-�t/1 e ,S`�-/ �(�� Witnessed By:
LOCATION&' GENERAL INFORMATION
Location Address Z Q , Owners Name
t, cv jj � ' A UT f G(tea CAP
�r q Yl h! $ Address. 1�8 ►`'� vl S�' V 1 4y N/5
Assessor's Map/Parcel: Z`7® —;s5-7 Engineer's Name (`4 L h
NEW CONSTRUCTION REPAIR Telephone'# -QF— 7 77--'. (3
Land Use: ��5�"cnC-c9. �� Slopes(90) -z- Surface Stones I e1
Distances.from: Open Water Body _7 3.o1j ft Possible Wet Area ft Drinking Water Well
Drainage Way dJ1� fi Property Line 2a�f/ ft Other fC
SKETCH..:(Street'narne,dimensions of lot,exact locations of test'holes&perc tests,locate wetlands to proximity to holes)
z'
_ _ _ _
+. ti �i✓t.Co1 � r�.� ,
Parent material(geologic) Depth to.Bedrock.
Depth to Groundwater.Standing Water in Hole: Weeping from Fit Fnee �Q .
Estimated Seasonal.High Groundwater
IDETERNUNATIONFOR SEASONAL HIGH WATER TADLE
Method Used: -
Depth Observed standing in obs.holei in. Depth;V)Soiltnottleg: in.
Depth In r�eepirg fern i e,of ebs,Note: _ _i_r,_ C!o!mdwn!eY
~ w -Index Well# Reading:Dates. Index Well level , ,, Adl,Factor, ,G Adj.Groundwaterl.evel
PERCOLATION TEST . Date Thne
Observation.
Hole#, n.. .. : .. w... Time at h" -
Depth of Perc' -3)¢,.,% Triune M 6"
Start Pre-soak ISme 'rime(9"•6")
End Pre-soak
Rate Min./Inch L 2 }
Site Suitability Assessment: Site Passed Site Failed: Additional Testing Needed(Y/N)
{
Origiriak Public Health Division Observation Bole Data To Be Completed on.Back-- ------
***If percolation test is to be conducted within 100' of wetland,you.Must first notify the
Barnstable Conservation Division at least one(1)week prior to beginning.
Q:\SF-PTIC\FERCFORM..DOC
DEEP OBSERVATION HOLE LOG Hole#r
Depth from Soil Horizon Soil Texture Soil Color Soil Other
t Surface.(in.)3 (USDA): (Mun,sell) Mottling; (Structure,Stones;Boulders,.
istency,%' ravel
Sq
i
DEEP OBSERVATION HOLE LOG> Hole#
Dcpth`from _ Soil Horizon Soil Texture Soil Color Soil Other
Surface(in.) (USDA) (Mansell) Mottling (Structure,Stones,.Boulders.
Consistency.%' rave
Utozmy St•4
—r3z Val. SC44 1-151
DEEP OBSERVATION HOLE LOG Hole#
Depth.from Soil Horizon Soil Texture Soil Color Soil other
Surface(in.) (USDA) (Munsell) Mottling (Structure,Stories,.Boulders.
Consistency, Gr
4vel)
DEEP OBSERVATION HOLE LOG Hole#
Depth from Soil Horizon Soil Texture Soil Color Soil Other
Surface(in:) (USDA) (Mansell) Mottling (Structure,Stones,Boulders,
-on s i n
Flood Insurance Rate Map:
Above 500 year flood boundary No— Yes
Within 500 year boundary No 4 Yes
Within IM year flood boundary No- Yes. . . o
Depth of Naturally occtirrinr Pervious Material
Does at least.four feet of naturally occurring pervious materiiil'exist in alaareas observed throughout the
area proposed for the soil absorption system? ` '
If not,What,is the depth of naturally occurring PerVlQUSr matarial?: r_...
-.Certification_._.__ __ ..-. i• •- :_ ..__.
I certify that on (`'t S (date)I have passed the soil evaluatorexamtnation,approved by ihe__,
+� Departinentof Environmental-Protection and that the-ab.00.analysis_Was performed by me consistent with
i _
t
the.required tr "'ng,expertise and experience.described in CIO CNIR I$:OI'1.
: _. .
y
Signature Date.
Q:\.S,EPTICIPERCFORM.D.00
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S ORGI & MINICHI+LLO,LLP
41
Attorneys at Law ' 1 i
Ci3
1399 Washington Street ��'
:Hanover,Massachusetts 02339
Telephone: 781-826-0770 n
555 Pleasant Street Facsimile: 781-826-6601 CIO
Brockton,Ma. 02301 Lsorgijr@aol.com
Anna M. Sorgi
Louis V. Sorgi,Jr. Thomas J. Minichiello,Jr.
Kaley Cullen Sorgi
April 18,2018
Clerk of Courts, Civil Business
Housing Court Department
Southeast Division
52 Obery Street
Plymouth,Ma. 02360
RE: Attorney General for the Commonwealth of Massachusetts V. Estate of Virginia Briggs and Ralph E. Briggs rginia J.
Docket Number: 18H83CV00080PL
Dear Sir/Madam:
Enclosed for filing and docketing please find the following:
1. Receiver's First Report:and Proposed Budgets
2. Receiver's Motion for Alternate Service of Process and proposed order.
s. Request for Hearing, and
4. Certificate of Service
As referenced in our Request q for Hearing, the Receiver asks that this Motion be
heard at the previously scheduled hearing at 2:00 P, , on April 30 2018
for your attention to this matter. . Thank you
Since
o / rgi, Jr
Attorney for the Receiver
CC: McGinney&Porter, LLC
Assistant Attorney General Meaghan Olejarz
Estate of Virginia J. Briggs, c/o Ralph E. Briggs
Ralph E. Briggs
Receiver Brian Soares i:o:r McGinney&Porter, LLC
Town of Barnstable Public Health Director, Thomas McKean
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, ss. TRIAL COURT
HOUSING COURT DEPARTMENT
SOUTHEAST DIVISION
CIVIL ACTION NO: 18H83CV00080L
ATTORNEY GENERAL for the )
COMMONWEALTH OF MASSACHUSETTS, )
.Petitioner, )
V. )
ESTATE OF VIRGINIA J. 13;RIGGS 1
)
( ), and )
RALPH E. BRIGGSS, as ovrner or owners of the )
Property located at 120 Lincoln Road,Barnstable )
Massachusetts )
Respondents. )
1. Her heirs, successors, and assigns,known and unknown if any.
RECEIVER, MCC][NNEY&PORTER LLC.'s FIRST REPORT
NOW COMES the receiver, McGinney&Porter, LLC., ("Receiver")and in
accordance with paragraph 6 of the Order for Appointment of Receiver under G.L.c. 11 1,§127L,dated March 19, 2018,;submits to this Honorable Court the Receiver's First
Report for the receivership of the property located at 120 Lincoln Road, Barnstable,
Massachusetts. The Receiver's First,Report is for the period beginning March 19,2018
through April 18,2018.
DOCUMENT PAGE
Funds Spent to Date 1
Sources of Funds 1
Preliminary Budget for Building Removal
Including CMA. 1-6 (see attached for details)
Preliminary Budget for Marketability Reno.
Including CMA 7-12
Taxes Due and Payable (to date') 1. $35,173.96
1�1[JNDS SPENT TO DATE:
Expenses(Page 2-5)
1. Recording of Court Order $75.00
2. Recording other iten:is $
3. Trash Removal $3750.00
1
5. Lock Change, Postings/Security $875.00
6. Management Fee $3300.00
7. Legal Fees $1500.00
8. Securing house cost $
9. Landscape cleaning $
10.Postage $26.10
11. Initial Bid Preps $400.00
TOTAL: $9926.10
DISBURSEMENTS
Disbursements were made, with regard to the above-mentioned expenses, to the
total of$9926.10
Respectfully submitted,
McGinney&Porter, LLC.
RECEIVER
By its Attorrf.�y,
Louis Sorgi,Jr.
B$�O#473300
A orneys at Law
Sorgi &Minichiello, LLP.
1399 Washington Street
Hanover,MA 02339
2
CIERTIFICATE OF SERVICE
Dated:April 18,2018
I,Louis V. Sorgi,Jr., :BBO#473300 do hereby certify that I have, on this 18"day
of April, 2018, served a copy of Receiver,McGinney&Porter, LLC.'s First Report,
Receiver's Motion for Alternate Service by causing a copy of the these motions to be
mailed first class,postage prepaid,to the following:
Brian Soares
McGinney&Porter, LLC
1 Tower Road
Plymouth,MA 02360
Estate of Virginia J. Briggs
c/o Ralph Briggs
226 Cranberry Highway and P.O. Box 735
Sagamore, Ma. 02561-0753
Ralph J. Briggs
226 Cranberry Highway and P.O. Box 735
Sagamore,Ma. 02561-0753
Thomas McKean
Director,Public Health Division
Town of Barnstable
200 Main Street
Hyannis,Ma. 02601
MAURA HEALEY
ATTORNEY GENERAL
Meaghan Olejarz,Assistant Attorney General
Massachusetts Office of the Attorney General
Southeastern eassachuse Division
105 Williat treet
New Bed: , MA 0
Loui r --
So�i &Minichiello, LLP
1 9 Washington Street
Hanover,Ma. 02339
781-826-0770
3
I
:. ,, ,err :�,�t-•.
1 Yower Road,
McGinney & Porter, LLC Plymouth, MA 02360 508-962-6922
xpenses Incurred to Date
Zecording of Court Order $ 75.00 Brian Soares
tecording other Legal Items Brian Soares
rash Removal $ 3,750.00 1 Know A Guy Property Management
'ostage $ 26.10 McGinney&Porter, LLC
nitial Prep and Bids $ 400.00 1 Know A Guy Property Management
.ock Change and Posting/Securing $ 875.00 1 Know A Guy Property Management
Jlanagement Fee $ 3,300.00 McGinney&Porter, LLC
.egal Fees $ 1,500.00 Sorgi and Minichello, LLP
rtal Current Expenses $ 9,926.10
Durces of Funds
lusiness Loan $ - Brian Soares Loan
lusiness Loan $ 96,152.46 Private Equity
)tal Funds $ 96,152.46
Dtal Construction Costs
;eal Estate Taxes-arrears $ 35,173.96 Town of Hyannis
;eal Estate Taxes-current $ - Town of Hyannis
Aanagement Fees $ 6,000.00 McGinney&Porter, LLC
egal Fee $ 6,000.00 Sorgi and Minichello
eptic System Page Corp
appraisals/CMA $ 1,000.00 Kane Appraisers\Weichert Realty
oan Interest $ - See Above
',eceiver Fees/Profit $ 5,500.00 McGinney& Porter, LLC
otal Construction and Rehab Costs $ 42,478.50 1 Know a Guy Property Management, LLC
AM Construction/
--hab Costs $ 96,152.46
• 1
Since 2009
:xpenses Incurred to Date
;ontractor/Vendor: McGinney+Porter __
'hone:508.962.6922
kddress: 1 Tower Rd
Ay: Plymouth
state/Zip: Ma 02360
'ROJECT: 120 Lincoln Road, Hyannis, MA
-- Agent
Punch
TEM List
DESCRIPTION/COMMENTS PRICE
FLOORING
;arpet Replace:(incl pad if required) x yds $ p/yd • .
$0 00
;arpet Cleaning:
'inyl Replace: x ft $ Oft
'inyl Repair:
ile Replace/Repair: x sq'
ubFloor repair and replace $0.00
Ither: (describe) $0.00
'otal Flooring $ ).00
INTERIOR PAINT &'PREP` �
(all.hooks and nalls'are to be removed;-remove wall!plates.prior to painting)
rywall: Repair/Replace x
tallpaper Removal: x $0.00
!ad-inspection
iterior paint: (walls only)
iterior paint: (walls&ceilings) x $0.00
arage: $0.00
oors,trim,cabinets: (semigloss enamel) x 2-3 coats as coverage dictates
ther: (describe) x $0.00
otal Interior Paint & Prep
$0.00
EXTERIOR.PAINT:
Complete exterior paint:
Doors&Trim only: $0.00
x
Deck:
Dther: (describe)
Total Exterior Paint
i •- $0.00
APPLIANCES *-
(N ces;Include make and.color).
o used applian
Lange/cooktop/Oven:(Replace/Repair)
lent Hood:(Replace/Repair) $0.00
Ashwasher: (Replace/Repair) $0.00
Acrowave: $0.00
tefrigerator: $0.00
)isposal: (Replace) $0.00
)they: (describe)
'otal Appliances
-- $0.00
:ARPEN 3RY INTERIOR/EXTiE
ountertops:(Replace/Repair) x
abinets, Hardware: (Replace/Repair) x $0.00
iterior Doors, Hardware: (Replace/Repair) x $0.00
Kterior Doors, Hardware:(Replace/Repair) x $0.00
Kterior Siding,Trim: (Replace/Repair) X $0.00
arage OH Door: (Replace/Repair) $0.00
once,Gate: (Replace/Repair)
lindows: (Replace/Reglaze) x $0.00
:reens: x $0.00
ther: (describe)
otal Carpentry $0.00
$0.00
ELECTRICAL:
Ktures: (Replace) .. x
!iling Fans: x
obes: x
itiets,Switches,Wall plates: x
Ilbs:
x
coke Detectors: x
eaker/Wiring:(Replace/Repair) x
her: (Describe) Total upgrade to code Details attached.
Aal,Electrical $o.00
-- 1 $0.00
PLUMBING
iter Heater: (Replace/Repair) X
erior Pipes: (Replace/Repair) X $0.00
:erior Pipes: (Replace/Repair) $0.00
lose Bibs:(Replace/Repair)
aucets,Fixtures: (Replace/Repair) EX -7 $0.00
inks,Toilets:(Replace/Repair) x $0.00
prinkler system: (Repairs)
ool Equipment: (Replace/Repair)
eptic:(Replace/Repair) $0.00
Jell, Pump:(Replace/Repair) $0.00
ump pump:(Replace/Repair)
✓interization,Dewinterization: x
ether: (describe) Total upgrade to code. Details attached.
'otal Plumbing -- $0.00
(all ;to be replaced upon completion of repairs).
AC
.irnace. (Replace/Repair) x $0.00
I, ondensor,Compressor:(Replace/Repair)
! �ermostat: x
ucts/Grills:
Iters: x
ther: Total upgrade to code. Details attached.
otal HVAC _- $0.00
ROO.f l tlg (provide type of:roofing materials when replacing)
36f: (Replace/Repair) x $0.00
I )of decking: x
ashing:(Replace/Repair) x
utters:(Replace/Repair) x
ther:(describe) x Ridge vent repair
otal Roofing -- $0.00
igineer's Inspection Report: $0.00
►undation Repairs:
'aterproof basement:
•ading:
asonry,brick pointing,chimney: x $0.00
)wer washing:
:her: (describe)
3tal Structural -- $0.00
CLEANING:&;MAINTENANCE
lal Sales Clean:
termination: (Type)
:her: (describe) Initial trash out/carpet tear out $2,500.00
)tal Cleaning & Maintenance $2,500.00
THfR REPAIRS/RECOMMENDATIONS
!scription: Home demolition and Debrit removal
$28,500.00
Insurance-liability and construction
gal and admin costs.Adendum attached. permits and town costs $1,500.00
ndscape(initial lot clear) $1,250.00
ndscape (final package) $1,650.00
tial property secure $875.00
ility work $2,500.00
instruction Contingency and Soft Costs $1,800.00
iilders Profit and Overhead 15%Gross Profit Margin+3%Overhead $1,903.50
)tal Other $39,978.50
:
$42,478S0.
mtractor Signature: Date:
i
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r
luff
m�
inte
oa
Realty Group, LLC
DATE: 11/3/2017
,c►mparative Market Analysis•
120 Lincoln Street Hyarnnis,MA 02601
Based on recent sales and current parcels listed for sale, I estimate the current market range for this
property should be listed for $89,900 to $124,900 with an expected sale price of$84,900 to $109,900.
Sincerely,
Brian Soares,
Lic#9076884
BAYPOINTE REALTY GROUP,LLC .21 Penny Lane, Duxhury,MA 02332 PH.888-510-1124,FAX 508-819-3220
r
I Tower Road,
9cGinney & Porter, LLC Plymouth, MA 02360 508-962-6922
Kpenses Incurred to Date
tecording of Court Order $ 75.00 Brian Soares
tecording other Legal Items Brian Soares
'rash Removal $ 3,750.00 1 Know A Guy Property Management
'ostage $ 26.10 McGinney& Porter, LLC
nitial Prep and Bids $ 400.00 1 Know A Guy Property Management
ock Change and Posting/Securing $ 875.00 1 Know A Guy Property Management
Aanagement Fee $ 3,300.00 McGinney& Porter, LLC
.egal Fees $ 1,500.00 Sorgi and Minichello, LLP
AM Current Expenses $ 9,926.10
I
Durces of Funds
4usiness Loan $ - Brian Soares Loan
Business Loan $ 235,074.16 Private Equity
rtal Funds $ 235,074.16
Dtal Construction Costs
;eal Estate Taxes-arrears $ 35,173.96 Town of Hyannis
,eal Estate Taxes-current $ - Town of Hyannis
Aanagement Fees $ 18,000.00 McGinney& Porter, LLC
.egal Fee $ 12,000.00 Sorgi and Minichello
�eptic System Page Corp
►ppraisals/CMA $ 1,000.00 Kane Appraisers\Weichert Realty
oan Interest $ - See Above
receiver Fees/Profit $ 11,500.00 McGinney& Porter, LLC
otal Construction and Rehab Costs $ 157,400.20 1 Know a Guy Property Management, LLC
Dtal Construction/
ehab Costs $ 235,074.16
i
I
Or
15"Ice-2009
:penses Incurred to Date
mtractor/Vendor: McGinney+Porter __
lone: 508.962.6922
idress: 1 Tower Rd
ty: Plymouth --
ate/Zip: Ma 02360
tOJECT: 120 Lincoln Road, Hyannis, MA
Agent
Punch
TIVI List DESCRIPTION/COMMENTS PRICE
FLOORING -
irpet Replace:(incl pad if required) x yds $ p/yd $2,500.00
irpet Cleaning:
nyl Replace: x ft $Oft
nyl Repair:
le Replace/Repair: x sq
$2,650.00
ibFloor repair and replace $1,100.00
:her: (describe)
�tal Flooring -- $61250.00
INTERIOR PAINT& PREP PlatesPnortoPamttng);.
(all hooks an'd nails are to 6e removed;remove wall:
ywall. Repair/Replace x $3,800.00
allpaper Removal: x
ad Inspection
terior paint: (walls only) $0.00
terior paint:(walls&ceilings) x $4,800.00
rrage:
)ors,trim,cabinets:(semi gloss enamel) x 2-3 coats as coverage dictates $1,200.00
:her: (describe) x
)tal Interior Paint & Prep $9,800.00
EXTERI'OR:PAINT -
Complete exterior paint:
Doors&Trim only: x $5,200.00
Deck:
'Other:(describe)
Total Exterior Paint $5,200.00
A'PPLIANCE;S
(No used appliances include make and.color)
Range/Cooktop/Oven (Replace/Repair)
Vent Hood: (Replace/Repair) $600.00
Dishwasher: (Replace/Repair) $115.00
Microwave: $400.00
Refrigerator: $250.00
Disposal: (Replace) $800.00
Dther:(describe)
Total.Appliances
_ $2,165.00
CARPENTRY INTERIOR EXTERIOR
:ountertops:(Replace/Repair) x
:abinets, Hardware: (Replace/Repair) x $1,700.00
nterior Doors,Hardware: (Replace/Repair) x $8,500.00
:xterior Doors, Hardware:(Replace/Repair) x $ ,200.00
:xterior Siding,Trim: (Replace/Repair) X $1, 00.00
iarage OH Door:(Replace/Repair) $14,000.00
:ence,Gate: (Replace/Repair)
Vindows: (Replace/Reglaze) x $1,500.00
�creens: $9,000.00
x
)they: (describe)
'otal Carpentry $5,500.00
._ $44,400.00
ELECTRICAL
--
fixtures:(Replace)
x
eiling Fans: x
lobes: x
utlets,Switches,Wall plates: x
ulbs: x
noke Detectors: x
reaker/Wiring: (Replace/Repair) x
ther: (Describe) Total upgrade to code
otal Electrical $14,500.00
$14,500.00
PLUMBING
'ater Heater: (Replace/Repair) x
terior Pipes: (Replace/Repair) x $1,100.00
:terior Pipes: (Replace/Repair) $2,000.00
)se Bibs:(Replace/Repair)
ucets,Fixtures:(Replace/Repair) x $250.00
iks,Toilets:(Replace/Repair) x $750.00
rinkler system:(Repairs)
col Equipment:(Replace/Repair)
ptic:(Replace/Repair) $15,000.00
ell, Pump:(Replace/Repair) $1,500.00
mp pump:(Replace/Repair)
interization,Dewinterization: x
:her:(describe) Total upgrade to code
)tal Plumbing _- $20,600.00
HVAC (all Act
lfers to be'replacedvpon completion of repairs),
rnace: (Replace/Repair) x $8,200.00
mdensor,Compressor:(Replace/Repair)
ermostat: x
icts/Grills:
tens: x
:her: Total upgrade to code
'ta.l HVAC $8,200.00
IP.rov!deL9Pa of roofinB.materialsROOfin g wfien replacing).
)of: (Replace/Repair) x $12,000.00
iof decking: x
fishing:(Replace/Repair) x
fitters: (Replace/Repair) x
:her:(describe) x Ridge vent repair
)tal Roofing -- $12,000.00
STRUCTURAL
gineer's Inspection Report: $0.00
undation Repairs:
aterproof basement:
ading:
asonry, brick pointing,chimney: x $850.00
wer washing:
her: (describe)
Aal Structural $850.00
CLEANING . NTENANCE
ial Sales Clean:
termination: (Type)
:her: (describe) Initial trash out/carpet tear out $2,500.00
'otal Cleaning & Maintenance $2,500.00
)THER REPAIRS/RECOMMENDATION:
escription:
Insurance-liability and construction
!gal and admin costs.Adendum attached.
3ndscape(initial lot clear) $1,250.00
indscape (final package)
iitial property secure $875.00
emo,prep for carpenters
instruction Contingency and Soft Costs $4,800.00
uilders Profit and Overhead 15%Gross Profit Margin+3%Overhead $24 010.20
otal Other -- $30,935.20
mtractor Signature: Date:
too
Realty Group, LLC
DATE: 11/3/2017
:Qgmparative Market Analysis:
120 Lincoln Street,Hyannis,MA 02601
Based on recent sales and current properties listed for sale, I estimate the current market range for this
property, once repairs are completed, should be listed for$224,900 to $244,900 with an expected sale
price of$209,900 to $229,900.
Sincerely,
Brian Soares,
Lic#9076884
BAYPOINTE REALTY GROUP,LLC 21 Penn L Db ,MA 02332 PH.888-510-1 Yane, uxur Y 124 FAX 508-819-3220
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
BARNSTABLE, ss TRIAL COURT
DISTRICT COURT DEPARTMENT
SOUTHEAST DIVISION
CIVIL ACTION: 18H83CV00080PL
ATTORNEY GENERAL for the )
COMMONWEALTH OF MASS.ACHUSETTS, )
Petitioner, )
V. )
ESTATE OF VIRGINIA J. BRIGGS, (1) and )
RALPH E. BRIGGS, as owner or owners of the )
Property located at 120 Lincoln Road, Barnstable, )
Massachusetts )
Respondents. )
1. Her heirs, successors, and assigns,known and unknown if any.
RECEIVER'S MOTION FOR ALTERNATIVE SERVICE OF PROCESS
Now comes the Receiver, McGinney&Porter, LLC, and hereby requests that this court
allow the Receiver to proceed with alternative service of process in the above-referenced matter.
As grounds for this motion,the Receiver states the following:
1.The Receiver is seeking an orders authorizing the Receiver to Teardown and Raze the
dwelling at 120 Lincoln Road, Barnstable, Massachusetts pursuant to the State Sanitary Code
Provisions as said property has been deem unsafe and uninhabitable by the Town of Barnstable
Inspectors, and an order to sell the:property at public sale, or an order to foreclose the Receiver's
Lien.
2. The owner of record of-th.e Property is the respondent the ESTATE OF VIRGINIA J.
BRIGGS as Virginia J. Briggs dried on December 5, 2013 ("Respondent").
3. The Property was abandoned and has numerous long-standing code violations which
pose a serious risk to the health, safety, and well-being of abutters and residents of the
community in which it is located and has now been assigned to the Receiver to render the
property safe.
4.As set forth in detail in the pleading by Lizabeth Lagarto Marshall, in the
Commonwealth's Motion for appointment of Receiver dated February 9, 2018,the petitioner
made a diligent effort to locate the respondent's heirs for purpose of service of process in this
matter,however the petitioner was unable to confirm any heirs or valid addresses other than
RALPH E. BRIGGS for whom art address in Sagamore was obtained by residence has not been
confirmed.
5.Receiver now asks this court to allow service of process upon the Respondents by
publication in a local newspaper serving the Town of Barnstable, ie, The Cape Cod Times, in a
form and for a duration acceptable to the Court,posting the Receiver's motion to Teardown and
Raze the dwelling at the subject property,motion to establish Receiver's Lien,motion to sell the
property at public sale or Motion 1:0 foreclose the Receiver's Lien.
6. In addition to the notice by publication,the Receiver requests service upon the
following who have or may have a potential interest in the Property,by FIRST CLASS U. S.
Mail:
Ralph E. Briggs
WHEREFORE,the Receiver requests this court allow alternative service of process.
Respectfully submitted,
McGinney& ,Nrter,LLC
By its Atto �,
L-4z s V. Sorgi, Jr. BO#
4gi &Minichiello, LLP473300
1399 Washington Street
Hanover, Massachusetts 02339
ATTORNEY GENERAL for the )
COMMONWEALTH OF MASSACHUSETTS, )
Petitioner, )
V. )
ESTATE OF VIRGINIA J. BRIGGS,(1), and )
RALPH E. BRIGGS,as owner or owners of the )
Property located at 120 Lincoln Road,Barnstable, )
Massachusetts )
Respondents. )
1. Her Heirs, Successors, and Assigns,known or unknown, if any
ORDER OF NOTICE
Upon the Receiver's Motion for Alternative Service of Process, it is hereby ordered that service
be made as follows:
(1)Upon Respondent ESTATE OF VIRGINIA J. BRIGGS, HER HEIRS,
SUCCESSORS,AND ASSIGNS, ]:KNOWN AND UNKNOWN and RALPH E. BRIGGS by
posting notice at 120 Lincoln Road, Barnstable, Massachusetts and by publication of the
following notice in 3 issues of The Cape Cod Times, a newspaper of general circulation in the
Town of Barnstable,Massachusetts::
To: ESTATE OF VIRGINIA J. BRIGGS,HER HEIRS, SUCCESSORS AND
ASSIGNS, KNOWN AND UNKNOWN, and RALPH E. BRIGGS: an action has been
commenced against you in the Housing Court Department, Southeast Division,Docket
No. 181183CV00080PI ,by the Attorney General for the Commonwealth of
Massachusetts affecting the property of 120 Lincoln Road,Barnstable, Massachusetts.
The Appointed Receiver, McGinney&Porter, LLC is seeking an orders of the Court to
approve its Motion to Teardown and Raze the Property,Motion to Establish Receiver'
Lien,Motion to Sell the Property at Public Sale, or Motion to Foreclose the Receiver's
Lien, and to obtain orders thereto. If approved,the receiver will request that the Court
authorize the receiver to teeTdown and raze the property leaving a vacant lot in its place,
sell the property at public sale, or foreclose the receiver's lien.
You are hereby summoned and requested to serve upon Sorgi &Minichiello, LLP 1399
Washington Street,Hanover, Ma. 02339,Attorneys for the Receiver, any objection to
the Receiver's Motion to teardown and raze the property at 120 Lincoln Road,
Barnstable, Mass., within tern(10) days from the date of this notice. You are encouraged
to contact Sorgi &Minichie:llo, LLP at(781) 826-0770.
(2) Upon Respondent RALPH E. BRIGGS by First Class US Mail,
So ordered,
OptHE Tqr Town of Barnstable
Regulatory Services
• .EnlixSTABLE,
9� 163;9. � Public Health Division
prfD 1A°s Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
Certified Mail:7012 1010 0000 2850 8340
March 21, 2014
Virginia Briggs
Co/Ralph Briggs
PO Box 735
Sagamore, MA 02561
I, EMERGENCY CONDEMNATION AND ORDER TO
VACATE
Finding of Unfitness for Human Habitation and
Determination of Immediate Danger
In accordance with M.G.L. c.l 11, sec. 127A and 127B, 105 CMR 400.000: State
Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR
410.000: State,Sanitary Code, Chapter II: Minimum Standards of Fitness for
Humans, Timothy B. O'Connell, R.S., Health Inspector for the Town of
Barnstable, conducted an investigation on March 21, 2014 of a dwelling unit
located at .120 Lincoln Road Hyannis, MA. The owner's name of this dwelling
unit is Virginia J. Briggs and the occupant at time of inspection was Stephen
Newcomb.
Based on the results of that investigation, the Barnstable Health Department finds
that the dwelling is unfit for human habitation. Pursuant to M.G.L. c. 127B and
105 CMR 410.831 (D), (E)the Health Department further finds that the conditions
within the dwelling are such that the danger to the life or health of the occupants of
the subject dwelling is so immediate that no delay may be permitted in making this
finding.
QAOrder Letters\Condemnations\120 Lincoln Road hyannis 3-21-14doc
Conditions found within the dwelling, which give rise to the emergency finding of
' unfitness and determination of immediate danger, include:
410. 750: Conditions Deemed to Endanger or Impair Health or Safety
410.750 (A) Failure to provide supply of hot water.
410.750 (B) Failure to provide heat.
410.750 (C) Failure to provide gas.
410.750 (E) Failure to provide safe supply of water.
410.750 (F) Failure to.provide a toilet.
410.750 (H) Failure to provide locks to windows.
410.750 (0)-(2) Failure to provide washbasin or shower.
410.750 (P) Failure to provide carbon monoxide alarms and smoke detectors.
Based upon these findings any and all occupants are hereby ordered to vacate and
the landlord/owner is ordered to secure the subject dwelling within 48 hours of
receipt of this order. If any person refuses to leave a dwelling or portion thereof,
which was ordered vacated she 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.
Furthermore, anyone who fails to comply with any order of the board of health may
be subject to fines ranging from $10-$500. Each day's failure to comply with an
order shall constitute a separate violation.
Once vacated this unit may not be occupied without the written approval of the
Board of Health.
Any person needing access to the inside of the dwelling must get permission from
the Board of Health prior to entry.
Note: This is important legal document. It may affect your rights.
EMdean,
E BOARD OF HEALTH
S
Director of Public Health
Town of Barnstable
Q:\Order Letters\Condemnations\120 Lincoln Road hyannis 3-21-14doc
r
r
Certified Mail#7003 1680 0004 5458 3299
lar, Town of Barnstable
Regulatory Services
RAPA% TABi.>E. Thomas F. Geiler,Director
Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
I
December 17, 2004
Ms. Virginia Briggs
226 Cranberry Highway
Sagamore, MA 02561
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 RENTAL ORDINANCE,ARTICLE 51.
The property owned by you located at 120 Lincoln Road, Hyannis, was again partially inspected
on December 14, 2004 by Donna Z. Miorandi, RS, Health Inspector for the Town of Barnstable,
and Ms. Honora Goldstein Social Worker, with the Department .of Social Services
.
s
The following violation of the State Sanitary Code and the Town of Barnstable were observed:
105 CMR: 410.481: Posting Name of Owner. An owner of a dwelling which is rented for
residential use, who does not reside therein and does not employ a manager or agent for such
dwelling who resides therein, shall post and maintain or cause to be posted and maintained-in the
interior of such dwelling in a location visible to the residents a notice constructed of durable
material, not less than 20 square inches in size, bearing his name, address, and telephone
number.....
TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51:
The following violation of the Town of Barnstable ordinance was observed:
Section 4-4: Owner's name, address and telephone number not posted.
Section 4-4 of the Town Rental Ordinance specifically reads as follows:
An owner of a dwelling which is rented for residential use, who does not reside therein and who
does not employ a manager or agent for such dwelling who resides therein, shall post and
maintain or cause to be posted and maintained on the exterior of such dwelling within five
I
Q:Health/Order letters/Housing violations/120 Lincoln Road.doc
(5) feet of the main entrance or within five (5) feet of the mailbox(es), at least four(4) feet and
not greater than six (6) feet above ground level, a notice constructed of durable material, not less
than twenty square inches in size, bearing his/her correct name, address and telephone number. If
the owner is a realty trust or partnership, the name, address, and telephone number of the
managing trustee or partner shall be posted. If the owner is a corporation,the name, address, and
telephone number of the president of the corporation shall be posted. Where the owner employs a
manager or agent who does not reside in such dwelling, such manager or agent's name, address,
and telephone number shall also be included in the notice.
You are directed to correct the violation of Section 4-4 listed above within Seven (7) Days of
your receipt of this notice, by posting the property correctly.
105 CMR 410.482: Smoke Detectors. Still need to witness the installation of a smoke detector
in bedroom off the kitchen.
105 CMR 410.500: Owner's Responsibility to Maintain Structural Elements. On the right
side of the dwelling one window is missing and another is broken. In the rear of the house
another window is broken. Many windows have no storm windows.
105 CMR 410.602(A): Maintenance of Areas Free from Garbage and Rubbish. There is
literally a mountain of debris in the rear of the property. This debris includes brush and old
furniture and scrap metal. This is a fire hazard as well as harborage for rodents. On the left
side of the house there are also many mattresses and other debris up against the house.
105 CMR 410.351: Owner's Installation and Maintenance Responsibilities. The owner
shall install in accordance with accepted plumbing, and shall maintain free from leaks,
obstructions or other defects, the following:
mall facilities and equipment which the owner is or may be required to provide including but
not limited to , all sinks, washbasins, bathtubs, showers,toilets, waterheating facilities, gas pipes,
heating equipment, water pipes, owner installed stoves and ovens, catch basins, drains, vents and
other supplied fixtures; the connections to water, sewer and gas lines; the subsurface sewage
disposal system.
Upon this department's return inspection it will be verified that the plumbing leak leading
to raw sewage in the basement has been corrected.
105 CMR 410.500: Owner's Responsibility to Maintain Structural Elements. Upon the
initial inspection of November 22, 2004 , a follow-up inspection of November 23, 2004 and an
inspection on November 30, 2004 (with DSS) it was observed that most of the tiles in the
bathroom are missing and the subfloor is in a grave state of deterioration. In addition, this
bathroom is growing mold due to the fact that there is no vent and no operational window
(window covered with plastic).
On December 28th, 2004 at 10:00 a.m. Ms. Goldstein and Donna Miorandi, shall be returning to
the property to reinspect.
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.
Q:Health/Order letters/Housing violations/120 Lincoln Road.doc
Non-compliance could result in a fine of up to $100.00 per violation. Each day's failure to
comply with an order shall constitute a separate violation.
PER ORDER OF THE BOARD OF HEALTH
Thomas A. McKean, R.S.
Director of Public Health
Town of Barnstable
Cc: Honora Goldstein
Department of Social Services
500 Main Street
Hyannis, MA 02601
Mr. Ralph Briggs
120 Lincoln Road
Hyannis, MA 02601
Chief Harold Brunelle
Hyannis Fire Department
95 High School Road
Hyannis, MA 02601
Q:Health/Order letters/Housing violations/120 Lincoln Road.doc
SORGI & MINICHIELLO, LLP
Attorneys at Law
1399 Washington Street
Hanover,Massachusetts 02339
Telephone: 781-826-0770 Facsimile: 781-826-6601
555 Pleasant Street
Brockton,Ma. 02301 Lsorgijr@aol.com
Anna M. Sorgi Thomas J. Minichiello,Jr.
Louis V.Sorgi,Jr. Kaley Cullen Sorgi
June 6,2018
Clerk of Courts, Civil Business
Housing Court Department
Southeast Division
52 Obery Street
Plymouth, Ma. 02360
RE: Attorney General for the Commonwealth of Massachusetts V. Estate of Virginia J.
Briggs and Ralph E. Briggs
Docket Number: 18H83CV00080PL
Dear Sir/Madam:
Enclosed for filing and docketing please find the following:
1. Receiver's Second Report and Current Expenses.
2. Receiver's Motion for Leave to Sell at Private Sale"as is".
3. Receiver's Motion to establish Receiver's Lien.
4. Copy of Notice by Publication.
5. Request for Hearing, and
6. Certificate of Service
The Receiver asks that these Motions be heard at the previously scheduled hearing
at 2:00 P.M. on July 9,2018. Thank you for your attention to this matter.
s `.'Sorgi,Jr
ttorney for the Receiver
CC:
McGinney&Porter, LLC
Assistant Attorneys General.Meaghan Olejarz and Lizabeth Lagarto Marshall
Estate of Virginia J. Briggs, c/o Ralph E. Briggs
Ralph E. Briggs
Renee Briggs
Receiver Brian Soares for McGinney&Porter, LLC
Town of Barnstable Public Health Director, Thomas McKean
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, ss. TRIAL COURT
HOUSING COURT DEPARTMENT
SOUTHEAST DIVISION
CIVIL ACTION NO: 18H383CV00080PL
ATTORNEY GENERAL for the
COMMONWEALTH OF MASSACHUSETTS, )
Petitioner, )
V. )
ESTATE OF VIRGINIA J. BRIGGS (1), and )
RALPH E. BRIGGSS, as owner or owners of the )
Property located at 120 Lincoln.Road, Barnstable )
Massachusetts )
Respondents. )
1. Her heirs, successors, ar.�d assigns,known and unknown if any.
Y
RECEIVER MCGINNEY& PORTER LLC.'s SECOND REPORT
NOW COMES the receiver,McGinney&Porter, LLC., ("Receiver") and in
accordance with paragraph 6 of the Order for Appointment of Receiver under G.L.c. 111,
§127L,dated March 19, 2018, submits to this Honorable Court the Receiver's Second
Report for the receivership of this property located at 120 Lincoln Road, Barnstable,
Massachusetts. The Receiver's Second Report is for the period beginning April 18 2018
through June 30,2018.
DOCUMENT PAGE
Funds Spent to Date I I I
CMA for sale"as is" 2
Motion to sell Property at Private sale"as is"3
Motion to establish Receiver's Lien 4
Publication Notice Cape Cod Tinies 5
FUNDS SPENT TO DATE:
Expenses Page 1.
1. Recording of Court Order $75.00 Brian Soares
2. Taxes Paid to Town $36,434.83 Brian Soares
3. Trash Removal $6211.00 I know A Guy Property Mgt.
4. Postage $27.30 McGinney&Porter, LLC
5. Initial Bids and Prep $550.00 1 know A Guy Property Mgt.
6. Management fee $4800.00 McGinney&Porter, LLC.
7. Lock Change, Postings/Security $875.00 I Know a Guy Property Mgt.
8. Legal Fees $4824.00 Sorgi &Minichiello, LLP
9. Landscape cleaning and Yard $3000.00 I Know A Guy Property Mgt.
TOTAL: $56797.13
DISBURSEMENTS
Disbursements were made, with regard to the above-mentioned expenses, to the
total of$56,397.13
Respectfully submitted,
McGinney&Porter, LLC.
RECEIVER
By its Attorney,
L 66 N'S `'gi,Jr,
BBO#473300
Attorneys at Law
Sorgi &Minichiello,LLP.
1399 Washington Street
Hanover,MA 02339
CERTIFICATE OF SERVICE
Dated: June 6, 2018
I,Louis V. Sorgi, Jr., BIBO#473300 do hereby certify that I have, on this 6th day
of Junel,2018, served a copy of Receiver,McGinney&Porter, LLC.'s Second Report,
Receivers Motion for Leave of Court to Sell Property'at Private Sale"as is", and
Proposed Order,Motion to establish Receiver's Lien by causing a copy of the these
motions to be mailed first class,postage prepaid, to the following:
Brian Soares
McGinney&Porter, LLC
1 Tower Road
Plymouth,MA 02360
Estate of Virginia J. Briggs
Ralph E. Briggs.
c/o Cape Regency Nursing&Rehabilitation
120 S. Main Street
Centerville,Ma. 02632 First Class Mail R.R.R
Renee Briggs
65 Oak Neck Road,Apt A
Hyannis, Ma. 02601
First Class Mail, R.R.R.
Thomas McKean
Director,Public Health Division.
Town of Barnstable
200 Main Street
Hyannis, Ma. 02601
MAURA HEALEY
ATTORNEY GENERAL
Lizabeth Lagarto Marshall and Meaghan Olejarz,Assistant Attorneys General
Massachusetts Office of the Attorney General
Southeastern Massachusetts Division
105 William Street
New Bedford,MA 02740
Notice pub] e
ee issues of Cape Cod Times Newspaper on 6/11/2018, 6/18/2018,
6/25/20 ,
Loui�' . ' rgi, .
S Agi &Minichiello, LLP
1-99 Washington Street
Hanover, Ma. 02339
781-826-0770
L �
t
I Tower Road,
gcGinney & Porter, LLC Plymouth, MA 02360 508-962-6922
Kpenses Incurred to Date 5/23/2018
tecording of Court Order $
75.00 Brian Soares
'axes Paid to Town $ 36,434.83 Brian Soares
'rash Removal $ 6,211.00 .I Know A Guy Property Management
andscape and yard maintenance $
ostage 3,000.00 I Know A Guy Property Management
$ 27.30 McGinney&Porter, LLC
iitial Prep and Bids $ 550.00 1 Know A Guy Property Management
ock Change and Posting/Securing $ 875.00 1 Know A Guy Property Management
lanagement Fee $ 4,800.00 McGinney& Porter, LLC
sgal Fees $
4,824.00 Sorg!and Minichello, LLP
tal Current Expenses $ 56,797.13
I
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
BRISTOL, ss HOUSING COURT DEPARTMENT
SOUTHEAST DIVISION
CIVIL ACTION No. 18H83CV00080PL
ATTORNEY GENERAL for the )
COMMONWEALTH OF MASSACHUSETTS, )
Petitioner, )
V.
ESTATE OF VIRGINIA J. BRIGG.S (1), and )
RALPH E. BRIGGS, as owner or owners of the )
Property located at 120 Lincoln Road,Barnstable, Ma. )
Respondents. )
1. Her heirs, successors, and assigns known and unknown if any.
RECEIVER'S MOTION FOR LEAVE OF THE COURT TO SELL 120 LINCOLN ROAD
BARNSTABLE(I:JYANNISI AT PRIVATE SALE"AS IS"
NOW COMES_McGinney&Porter,LLC, in its capacity as Receiver and moves that this Court
grant the Receiver leave to offer and sell the property located at 120 Lincoln Road,Hyannis,
Massachusetts, (the"Property") "AS IS",free and clear of liens, interests or other title
encumbrances at Private Sale pursuant to paragraph 13 of The Court's Appointment of Receiver
dated March 19,2019 and recorded in Book 31146,Page 257 at Barnstable Registry of deeds.
The motion is brought pursuant to common law and the provisions of Massachusetts General
Laws c. 111 section 1271, and the provisions of Massachusetts General Law c. 185C, section 3,
and the general equity powers of the Court.
IN SUPPORT WHEREOF Receiver states as follows:
1. Receiver was duly appointed by this Court by its Order of 3/19/2018, Court's said Order
("Appointment Order") was duly recorded with the Barnstable County Registry of Deeds
on in book 31146,page 257 as reported in the Initial Accounting and Report of Receiver
filed with this Court and approved on April 30,2018.
2. In Clause 13 of this Court's Appointment Order, sale, contract for sale, or other
encumbrance of the Property shall not be done"without the prior leave of the Court."
f
3. Receiver has secured the Property and has determined that a full renovation of the property
would most likely exceed the value of the property as established pursuant to the CMA
filed with Receiver's First Report. Receiver is of the opinion that the property should be
sold as is". This would permit the purchaser to renovate or raze the property and sell it as
a new home. The Receiver's .Lien as established this date and enclosed herewith is in the
amount of$56797.13. The expected sale price as established by the attached CMA is
$84,900.00. From this the cost of sale including, Legal, Receiver, Closing and Realtor fees
will have to be deducted bringing it close to the$56797.13 lien amount.
4. The Property is unoccupied and is generating no rents or any other form of income.
5. Receiver believes the sale contemplated by a Third Party Sales Agreement will provide for
a more certain financial outcome than would a foreclosure of its lien, and avoids the
uncertainty and costs associated with a foreclosure.
6. ' Respondent Estate of Virginia J. Briggs and Ralph E. Briggs is the record owner of the
Property by virtue of a Deed from Mary C. McKenna and John P. McKenna dated March
26, 1991 and recorded in Book.7485,page 202 with the Barnstable Registry of Deeds.
Virginia J. Briggs died on December 5, 2013 and Ralph E. Briggs appears to be her only
heir. Ralph E. Briggs has been served with notice of this hearing as well as Notice having
been published in the Cape Cod Times.
7. According to the grantor indices at the Barnstable County Registry of Deeds and,upon
information and belief,there are no other parties of record claiming an interest in the Property,
and no formal probate for Virginia J. Briggs has been filed, excepting only:
a. First Receiver's Lien described hereinabove.
7. All original parties to this complaint, and any other properly indexed creditors and parties
in interest relative to the Property, have been notified of this motion by certified and first
class mail, as further described in the Certificate of Service attached hereto and by Notice
Filed in the Cape Cod Times.
8. Following the Property sale, the Receiver proposes that disbursement of funds received
from the private sale occur in the following order of priority:
a. All Barnstable municipal liens as required by G.L. c 111, section 1271;
b. The reasonable costs, :fees and expenses associated with the sale pursuant to the
instant action and the Third Party Sales Agreement including, without limitation,
utility and tax adjustments and broker's commission, legal fees and Receivership
cost necessitated by the Third Party Sale;
c. The costs of Receivership in the Receiver's Lien to be established, out of which
repayments of all expenditures will also be paid.
d. Any additional reasonable expenses of the Receiver not included in the lien;
e. To the extent of any remaining monies,payment to the deeded property owners.
9. After the Third Party Sale,the:Receiver will file a final accounting(report with this Court,
and move that the Receivership be terminated, and the case be dismissed.
WHEREFORE,the Receiver respectfully requests that this Honorable Court enter the
following Orders:
I
I
i. Granting the Receiver Leave of the Court to proceed with the private sale
of the Property"AS IS"as Seller.
I
ii. Allow that the signature of your Receiver, McGinney&Porter, LLC, by
and through its duly authorized manager, Brian Soares, is sufficient to
convey the real estate described in the within Motion, namely 120 Lincoln
Road, Hyannis, Massachusetts, and to execute such conveyance by
Receiver's deed of the Property to vest fee simple title in the purchaser of
the Property at the private sale pursuant an executed Third Party Sales
Agreement; f
I
That upon delivery and recording of Receiver's Deed of conveyance and
receipt of the sales price identified in the Third Party Sales Agreement, all
interests in, liens upon, and claims and encumbrances in and to the
Property, including without limitation the Receiver;s Property Lien on the
Property, to be extinguished, save only: (i)municipal taxes and liens.
iv. The disbursement of funds received from the Private sale shall be made in
full to satisfy the following claims in the following!order of Priority:
i. All Town of Barnstable municipal liens as required by G.L. c I I I
section. 1271.
I
ii. The reasonable costs, fees and expenses associated with the sale
pursuant to the instant action and Third Party Sales Agreement;
The costs of Receivership associated with the to be established
Receiver's lien referred to above;
i
iv. Any additional expenses of the Receiver not;included in the lien;
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V. For any remaining sums to deeded property owners.
V. Should the property not be sold a private sale pursuant to the terms of a
Third Party Sales Agreement, Receiver is authorized to file a Motion to
enforce its Lien by Foreclosure,or again offer the Property for private
sale.
G. For such other and further relief as this Court deems meet and just.
Respectfully submitted
Receiver,
McGinn Xl&Porter, LLC
By Its a r�ney,
YBuis V. Sorgi, Jr:
ttorney at Law BBO#473300
Sorgi &Minichiello, LLP.
1399 Washington Street
Hanover, MA 02339
Lsorizijr@.aol.com
com
Dated: June 6, 2018
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CERTIFICATE OF SERVICE
Dated: June 6, 2018
I,LOUIS V. SORGI,JR.,BBO#473300, do hereby certify that we have, on this June 6,
2018 served a copy of the Receiver's Motion for Leave of Court to sell Property"as is"at
Private Sale and, Proposed Order, and Receiver's Second Report, Motion to establish Receiver's
Lien,by causing a copy of the same:to be mailed first class, as indicated,postage prepaid,to the
following:
Brian Soares
McGinney&Porter, LLC
1 Tower Road
Plymouth,MA 02360
Ralph E. Briggs
Estate of Virginia J. Briggs
c/o Cape Regency Nursing&Rehabilitation
120 S. Main Street
Centerville,Ma. 02632
First Class Mail R.R.R.
i
MAURA HEALEY
ATTORNEY GENERAL
Lizabeth Lagarto Marshall, and Meaghan Olejarz,Assistant Attorneys General
Massachusetts Office of the Attorney General
Southeastern Massachusetts Division
105 William Street
New Bedford, MA 02740
First class mail and email
Renee Briggs
65 Oak Neck Road, Apt A
Hyannis,Ma. 02602
First Class Mail, R.R.R.
Thomas McKean
Director,Public Health Division
Town of Barnstable
200 Main Street
Hyannis,Ma. 02601
First Class Mail
Notice Published in Three issues
Of the Cape Cod Time Newspaper on 6/11/2018, 6/28/2018 and 6/25/2018
"Mark R. Jeffries
Southeast Housing Court j
Clerk's Office
52 Obery Street /
Louis orgi, r. Bq #473300
Sorg;/&Minichiello, LLP
1399/Washin ton g Street
Hanover, Ma. 02339
oint,,,
Realty c-rro-up, LLC
DATE: 11/3/2017
C,�cnn ar—ga e117arltetAnal sis:
120 I;ir►c_oln Street annis 2V1A 0260i
Based on recent sales and current parcels listed for sale,l estimate the current
Property should be listed for$89i900 to $124,!a00 with an t"nate sale rice market range for this
p of$84,900 to$i 09,900.
i
. E
Sincerely, '
Brian Soares,
Lic#9076884
uavan,*,h." —
I'
To: ESTATE OF VIRGINIA J. BRIGGS, HER HEIRS, SUCCESSORS AND
ASSIGNS, KNOWN AND 1JNKNOWN, and RALPH E. BRIGGS: an action has been
commenced against you in the Housing Court Department, Southeast Division, Docket
No. 18H83CV00080PL, by the Attorney General for the'Commonwealth of
Massachusetts affecting the property of 120 Lincoln Road, Barnstable, Massachusetts.
The Appointed Receiver, McGinney&Porter, LLC is seeking orders of the Court to
approve its Motion to Establish Receiver's Lien, Motion for Leave of Court to Sell the
Property at Public Sale"as i;3", and for the filing of the Second Receiver's Report. If
approved,the receiver will be authorized by the Court to sell the property at public sale
free and clear of all liens and interests.
You are hereby summoned and requested to serve upon Sorgi&Minichiello, LLP 1399
Washington Street, Hanover,Ma. 02339,Attorneys for the Receiver, any objection to
the Receiver's Motions for Leave to Sell the Property at Public Sale"as is", for the
Motion to Establish the Receiver's Lien, and on the Receiver's Second Report, for the
property at 120 Lincoln Road, Barnstable, Mass., within ten(10) days from the date of
this notice and prior to the hearing as scheduled and noticed herein. You are encouraged
to contact Sorgi&Minichiello, LLP at(781�826-0770. THE HEARING ON THESE
MOTIONS WILL TAKE PLACE on the 9T OF JULY, 2018 at 2:00 PM,at the
HOUSING COURT DEPARTMENT, SOUTHEAST DIVISION, 52 OBERY STREET,
PLYMOUTH,MASSACHUSETTS.
COMMONWEALTH OF MASSACHUSETTS
BRISTOL,ss. TRIAL COURT
HOUSING COURT DEPARTMENT
SOUTHEAST DIVISION
CIVIL ACTION NO: 18H83CV00080PL
ATTORNEY GENERAL for the )
COMMONWEALTH OF MASSAC;HUSETTS, )
Petitioner, )
V. )
ESTATE OF VIRGINIA J. BRIGGS (1), and )
RALPH E. BRIGGS, as owner or owners of the )
Property located at 120 Lincoln Road, Barnstable )
Massachusetts )
Respondents. )
1. Her heirs, successors, and assigns,known and unknown, if any.
RECEIVER'S MOTION FOR
APPROVAL OF RECEIVER'S FEES AND EXPENSES
Pursuant to G.L. c. I I I sec. 1271 and the inherent equitable power of the Court,
McGinney&Porter, LLC, the Receiver appointed herein, moves that the Court approve the fees
and expenses incurred by the Receiver in performing its obligations hereunder with respect to the
property located at 120 Lincoln Road, Barnstable(Hyannis) Massachusetts, in the sum of
$56797.13 as set forth in the attachment hereto. This lien does not include the costs of
foreclosure and sale, conveyance at private sale and listing, including, without limitation,
publication and service of notice costs, auctioneer fees and expenses,Real Estate Broker fees and
commissions, attorneys fees and expenses, and all outstanding municipal taxes. In support of
this motion the Receiver states that such fees and expenses were reasonable and necessary.
Respectfully submitted,
McGinney&Porter, LLC.
RECEIVER ,
By its A ey '
Lo is orgi,Jr.
0#473300
Attorneys at Law
Sorgi &Minichiello, LLP.
1399 Washington Street
Hanover,'MA 02339
t:ERTIFICA FE OF SERVICE
Dated:June 6, 2018
I, Louis V. Sorgi, Jr., BBO#473300, do hereby certify that I have, on this 6`h day of June,
2018 I served a copy of the foregoing Receiver, McGinney&Porter, LLC.'s Motion for
approval of receiver's fees and expenses by causing a copy of the same to be emailed and mailed
first class postage prepaid to the following and by publication:
Brian Soares
McGinney&Porter, LLC
1 Tower Road
Plymouth, MA 02360
Ralph E. Briggs,
Estate of Virginia J. Briggs
c/o Cape Regency Nursing&Rehabilitation
120 S. Main Street
Centerville,Ma. 02632
First Class Mail R.R.R.
Renee Briggs
65 Oak Neck Road,Apt A
Hyannis, Ma. 02602
First Class Mail, R.R.R.
MAURA HEALEY
ATTORNEY GENERAL
c/o Lizabeth Lagarto Marshall and Meaghan Olejarz
Massachusetts Office of the Attorney General
Southeastern Massachusetts Division
105 William Street
New Bedford, MA 02740
First Class Mail and Email
Mark R. Jeffries
Southeast Housing Court
Clerk's Office
139 Hathaway Road
New Bedford, MA"02746
f
Thomas McKean
Director, Public Health Division
Town of Barnstable
200 Main Street
Hyannis,Ma. 02601
First Class Mail
Published ' h mes on 6/11/2018, 6/18/2018 and 6/25/2018
Lou' V. Sorgi,Jr.
B #473300
Sorgi&Minichiello,LLP
1399 Washington Street
Hanover,Ma.02339
I
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I Tower Road,
IcGinney& Porter.. LLC Plymouth, MA 02360 , 508-962-6922
;penses Incurred to Date 5/23/2018
ecording of Court Order $ 75.00 Brian Soares
axes Paid to Town $ 36,434.83 Brian Soares
-ash Removal $ 6,211.00 1 Know A Guy Property Management
indscape and yard maintenance $ 3,000.00 1 Know A Guy Property Management
)stage $ 27.30 McGinney& Porter, LLC
itial Prep and Bids $ 550.00 1 Know A Guy Property Management
)ck Change and Posting/Securing $ 875.00 1 Know A Guy Property Management
:anagement Fee $ 4,800.00 McGinney& Porter, LLC
!gal Fees $ 4,824.00 Sorgi and Minichello, LLP
A Current Expenses $ 56,797.13
Y
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Incident Report
120 Lincoln Road
Hyannis, MA 02601
June 22, 2016
The Health Division has responded to numerous complaints at this property dating as far
back as 2002. These complaints have consisted mostly in regards to Chapter II housing
complaints and nuisance trash complaints.
In recent years said dwelling unit has been condemned on two (2) different occasions. On
November 16, 2011 the Barnstable Police Department summoned me and Thomas McKean to
aforementioned property to investigate a housing complaint. In conclusion to this investigation
the Barnstable Health Division found that the conditions within the dwelling are such that the
danger to the life or health of the occupants of subject dwelling was so immediate that no delay
was made in condemning said property. (See Condemnation letter attached which is dated
November 16, 2011). A condemnation letter was mailed to owner (Virginia Briggs) via certified
mail and was signed for on November 18, 2011.
To the best of my knowledge the occupant Ralph Briggs, theeec { # (Owner's son) did seek
other.accommodations after he was advised of these findings and did not occupy dwelling to
the best of my knowledge as he was ordered to. On March 27, 2012 Mr. Briggs did contact me
and explained he had made repairs and wanted me to re-iinspect the property so that he could
re-occupy dwelling unit. On April 3, 2012 1 did re-inspect property but did not lift
condemnation due to the fact he still was lacking awash basin/shower. Shortly thereafter Mr.
Briggs phone was disconnected and contact with Mr. Briggs had ceased and unit remained
posted condemned.
On March 21, 2014, 1 was called to property by Barnstable Police Department. While at
property with Police we observed two (2) occupants occupying said dwelling unit. Neither
person was Mr. Briggs. We asked occupants if we could enter dwelling and they agreed to our
entrance. During inspection I observed multiple violations. . (See Condemnation letter
attached which is dated March 21, 2014). Officers on site ordered the occupants to leave and
again they obliged and left property on foot. A second condemnation letter was sent to Virginia
V
Briggs via certified mail. I then again called Mr. Briggs on the disconnected number which I had
on file. This time Mr. Briggs did answer a,nd he explained to me that he has moved out of state
and his mother has since passed (December 5, 2013) and property is in probate court. I
explained that property must be secured from unlawful entry as Housing Code states and all
i
violations must be corrected prior to occupancy. He stated he would.be down to take care of
securing property. The letter dated 3-21-14 came back not claimed on 4-22-14. 1 tried to
contact Mr. Briggs shortly after April 22, 2014 and his phone had been disconnected again and
remains so to this day.
I have done numerous spot checks on property since last condemnation to make sure
dwelling is not being occupied and have not witnessed any activity at property. I am not sure if
this in probate Court as Mr. Briggs has stated but I currently consider,this property abandoned.
Respectfully Submitted,
,
E
1
Timothy O'Connell, R.S.
Health Inspector
r # .
Town of Barnstable
c
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f
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. i
Town of Barnstable
Regulatory Services
Y f
* BARNMBLE.
MASS. ,� Thomas F. Geiler, Director
039. �0
Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
Certified Mail:7006 0810 0000 3524 5195
November 16, 2011
Virginia Briggs
226 Cranberry Highway
Sagamore, MA 02561
I
EMERGENCY CONDEMNATION AND ORDER TO
VACATE
Finding of Unfitness for Human Habitation and
Determination of Immediate Danger
In accordance with M.G.L. c.I 11, sec. 127A and 127B, 105 CMR 400.000: State
Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR
410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for
Humans, Timothy B. O'Connell, R.S., Health Inspector and Thomas McKean,
Health Division Director for the Town of Barnstable, on November 16, 2011
conducted an investigation of a dwelling unit located at 120 Lincoln Road
Hyannis, MA. The owner's name of this dwelling unit is Virginia J. Briggs and the
occupant is Ralph Briggs.
f
Based on the results of that investigation, the Barnstable Health Department finds
that the dwelling is unfit for human habitation. Pursuant to M.G.L. c. 127B and
105 CMR 410.831 (D), (E)the Health Department further finds that the conditions
within the dwelling are such that the danger to the life or health of the occupants of
the subject dwelling is so immediate that no delay may be permitted in making this
finding.
Q:\Order Letters\Condemnations\l20 Lincoln Road hyannis 104-11doc
I
I
Conditions found within the dwelling, which give rise to the emergency finding of
unfitness and determination of immediate danger, include:
410. 750: Conditions Deemed to Endanger or Impair Health or Safety
410.750 (A) Failure to provide supply of hot water.
410.750 (B) Failure to provide heat.
410.750 (C) Failure to provide gas.
410.750 (E) Failure to provide safe supply of water.
410.750 (F) Failure to provide a toilet.
410.750 (H) Failure to provide locks to windows.
410.750 (K) Bathroom floor missing and open to elements.
410.750 (0)-(2) Failure to provide washbasin or shower.
410.750 (P) Failure to provide carbon monoxide alarms.
Based upon these findings any and all occupants are hereby ordered to vacate and
the landlord/owner is ordered to secure the subject dwelling within 48 hours of
receipt of this order. If any person refuses to leave a dwelling or portion thereof,
which was ordered vacated she 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.
Furthermore, anyone who fails to comply with any order of the board of health may
be subject to fines ranging from $10-$500. Each day's failure to comply with an
order shall constitute a separate violation.
Once vacated this unit may not be occupied without the written approval of the
Board of Health.
Any person needing access to the inside of the dwelling must get permission from
the Board of Health prior to entry.
Note: This is an important legal document. It may affect your rights.
PER ORDER OF THE BOARD OF HEALTH
Thomas A. McKean, CHO\RS
Director of Public Health
Town of Barnstable
Cc: Ralph Briggs; Occupant
Steve Barrette; Barnstable Police Officer
QAOrder Letters\Condemnations\120 Lincoln Road hyannis 10-4-11doc
�FTNETph, Town of Barnstable
�O
� a
Regulatory Services
• BARNWABLE.
MASS.1639. Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
Certified Mai1:7012 1010 0000 2850 8340
March 21, 2014
Virginia Briggs
Co/Ralph Briggs
PO Box 735
Sagamore, MA 02561
EMERGENCY CONDEMNATION AND ORDER TO
VACATE
Finding of Unfitness for Human Habitation and
Determination of Immediate Danger
In accordance with M.G.L. c.I 11, sec. 127A and 127B, 105 CMR 400.000: State
Sanitary Code, Chapter 1: General Administrative Procedures and 105 CMR '
410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for
Humans, Timothy B. O'Connell, R.S., Health Inspector for the Town of
Barnstable, conducted an investigation on March 21, 2014 of a dwelling unit
located at 120 Lincoln Road Hyannis, MA. The owner's name of this dwelling
unit is Virginia J. Briggs and the occupant at time of inspection was Stephen
Newcomb.
Based on the results of that investigation, therBarnstable Health Department finds
that the dwelling is unfit for human habitation. Pursuant to M.G.L. c. 127B and
105 CMR 410.831 (D), (E)the Health Department further finds that the conditions
within the dwelling are such that the danger to the life or health of the occupants of
the subject dwelling is so immediate that no delay may be permitted in making this
finding.
Q:\Order Letters\Condemnations\120 Lincoln Road hyannis 3-21-14doc
Conditions found within the dwelling, which give rise to the emergency finding of
unfitness and,determination of immediate danger, include:
410. 750: Conditions Deemed to Endanger or Impair Health or Safety
410.750 (A) Failure to provide supply of hot water.
410.750 (B) Failure to provide heat.
410.750 (C) Failure to provide gas.
410.750 (E) Failure to provide safe supply of water.
410.750 (F) Failure to provide a toilet.
410.750 (H) Failure to provide locks to windows.
410.750 (0)-(2) Failure to provide washbasin or shower.
410.750 (P) Failure to provide carbon monoxide alarms and smoke detectors.
Based upon these findings any and all occupants are hereby ordered to vacate and
the landlord/owner is ordered to secure the subject dwelling within 48 hours of
receipt of this order. If any person refuses to leave a dwelling or portion thereof,
which was ordered vacated she 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.
Furthermore, anyone who fails to comply with any order of the board of health may
be subject to fines ranging from $10-$500. Each day's failure to comply with an
order shall constitute a separate violation.
Once vacated this unit may not be occupied without the written approval of the
Board of Health. I
Any person needing access to the inside of the dwelling must get permission from
the Board of Health prior to entry.
Note: This is an important legal document. It may affect your rights.
PER ORDER OF THE BOARD OF HEALTH
Thomas A. McKean, CHO\RS
Director of Public Health
Town of Barnstable
p
E
Q:\Order Letters\Condemnations\120 Lincoln Road hyanni's 3-21-14doc
4OFTNE lq�, Town of Barnstable
Regulatory Services
} BAMMBLE,
MA & Thomas F. Geiler, Director
Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 ! Fax: 508-790-6304
Certified Mai1:7006 0810 0000 3524 5195
i
,
November 16, 2011
Virginia Briggs
226 Cranberry Highway
Sagamore, MA 02561 �
Ga,�,J'G°'''C (; cam.
00
EMERGENCY CONDEM ATIO�AND RDER TO
VACATE
Finding of Onfitness for Human Habitation and
Determination of Immediate Danger
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
410.000: State Sanitary Code,.Chapter II: Minimum Standards of Fitness for
Humans, Timothy B. O'Connell, R.S., Health Inspector and Thomas McKean,
Health Division Director for the Town of Barnstable, on November 16, 2011
conducted an investigation of a dwelling unit located at 120 Lincoln Road
Hyannis, MA. The owner's name of this dwelling unit is Virginia J. Briggs and the
occupant is Ralph Briggs.
Based on the results of that investigation, the Barnstable Health Department finds
that the dwelling is unfit for human habitation. Pursuant to M.G.L. c. 127B and
105 CMR 410.831 (D), (E)the Health Department further finds that the conditions
within the dwelling are such that the danger to the life or health of the occupants of
the subject dwelling is so immediate that no delay may be permitted in making this
finding.
Q:\Order Letters\Condemnations\120 Lincoln Road hyannis 10-4-11doc
- rl
Conditions found within the dwelling, which give rise to the emergency finding of
unfitness and determination of immediate danger, include:
410. 750: Conditions Deemed to Endanger or Impair Health or Safety
410.750 (A) Failure to provide supply of hot water. V;:, )�
410.750 (B) Failure to provide heat. i1 !AA q,3
410.756 (C) Failure to provide gas.
410.750 (E) Failure to provide safe supply of water.
410.750 (F) Failure.to provide a toilet.
410.750 (H) Failure to provide locks to windows.
416.750 (K) Bathroom floor missing and open to elements.
410.750 (0)-(2) Failure to provide washbasin or shower.
410.750 (P) Failure to provide carbon monoxide alarms.
Based upon these findings any and all occupants are hereby ordered to vacate and
the landlord/owner is ordered to secure the subject dwelling within 48 hours of
receipt of this order. If any person refuses to leave a dwelling or portion thereof,
which was ordered vacated she 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.
Furthermore, anyone who fails to comply with any order of the board of health may
be subject to fines ranging from $10-$500. Each day's failure to comply with an
order shall constitute a separate violation.
Once vacated this unit may not be occupied without the written approval of the
Board of Health.
Any person needing access to the inside of the dwelling must get permission from
the Board of Health prior to entry.
Note: This is an inri rtant legal document. It may affect your rights.,
40as
OF TH BOARD OF HEALTH
McKean; CHOIRS
Director of Public Health
Town of Barnstable
Cc: Ralph Briggs; Occupant
Steve Barrette; Barnstable Police Officer
Q:\Order Letters\Condemnations\120 Lincoln Road hyannis 10-4-11doc
I _
FORM30 CHEW HOBBS&WARREN TM THE COMMONWEALTH OF MASSACHUSETTS
BOARD f�H
CITY/TOWN
W ` i
DEPARTMENT � A
f �1✓� �.11
c ADDRESS
GSM 5 By`oW
n � TELEPHONE
Address ' Occupant_
Floor Apartment No. No.of Occupants
No.of Habitable Rooms No.Sleeping Rooms
No.dwelling or rooming units_ No.Stories
Name and address of owner — jT
Remarks Reg. Vio.
YARD Out Bld s.: Fences:
Garbage and Rubbish
Containers:
Drainage
Infestation Rats or other:
STRUCTURE EXT. Steps,Stairs, Porches:
Dual Egress:and Obst'n.:
❑ B ❑ F ❑ M Doors,Windows:
Roof
Gutters, Drains:
Walls:
Foundation: o
Chimney:
BASEMENT Gen.Sanitation: /
Dampness:
Stairs:
Lighting: C . (P)
STRUCTURE INT. Hall,Stairway:
Obst'n.: c
Hall, Floor,Wall,Ceilin : - fi
Hall Lighting: Cc,-
Hall Windows:
HEATING Chimneys: 1410 7 i/
Central ❑ Y ❑ N Equip. Repair z 7 C_
TYPE: Stacks, Flues,Vents:
PLUMBING: Supply Line: - MO ) �IVI
❑ MS ❑ ST ❑ P Waste Line: -4-110
H.W.Tanks Safety and Vent(s)
ELECTRICAL Panels, Meters,Cir.:
❑ 110 ❑ 220 Fusing,Grnd.:
AMP: Gen.Cond. Distrib. Box:
Gen. Basement Wiring:
DWELLING UNIT
Ventil. L to . Outlets Walls Ceils. Wind. Doors Floors Locks
Kitchen
Bathroom N 5 (�
Pant
Den
—Living Room
Bedroom(1).
Bedroom 2
Bedroom 3
Bedroom 4
Hot Water Facil. Sup.Ten.,Gas,Oil, Elect.:
Stacks, Flues,Vents,Safeties:
- -Kitchen_Facilities__ Sink_____,
Stove
Bathing,Toilet Facil. Vent., Plumb.,Sanit'n.: i
Wash Basin,Shower or Tub: G
Infestation Rats, Mice, Roaches or Other:
Egress Dual and Obst'n:
n r I G e e a Building Posted
Locks on Doors:
ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH
MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE
OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE
AUTHORIZED INSPECTOR.(See Over)
"THIS INSPECTION REPORT IS SIGNED AND CERTIFIED UNDER THE PAINS AND
PENALTIES OERERJ
„ (L",
INSPECTOR TITLE
i f r 0M.
DATE 1 `6 11 TIME
A.M.
THE NEXT SCHEDULED REINSPECTION P.M.
4f
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 ae 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`41&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.
Town of Barnstable
Regulatory Services
Thomas F. Geiler,Director
BARNSTABL&
�69. ��$
fa3�A Public Health Division
Thomas McKean, Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
November 16, 2011
Attn: Hyannis Fire
Health Inspector Timothy B. O'Connell, R.S., conducted a inspection in accordance with
with the State Sanitary Code, 105 CMR 410.482, the Health Department is required to
notify the Fire Department if there is a smoke detector violation, or possible smoke
detector violation.
The following property had possible smoke detector(and\or CO detector) violation(s):
120 Lincoln Road Hyannis,Assessors Map-Parcel: (270-057):
-Smoke detector not working within kitchen area.No CO Detector within dwelling unit
*Note: Did observe space heaters within dwelling. No heat within unit. Home posted
with condemnation sticker.
III
Timothy B: 'Connell-Health Inspector
QAOrder letterMousing violations\Rental ordinanceUire ViolationsTIRE TEMPLATE.doc
Fax Send Report NOV 16-201116:30 WED
Fax Number • 15087906304
Name : BARNST HEALTH
Name/Number 915087786448
Page 2
Start Time NOV-16-2011 16:29 WED
Elapsed Time 01'02"
Mode STD ECM
Results [O•K]
Town of Barnstable
a� a
Regulatory Services
Thomas F.Ceiler,Director
Public Health Division
Thomas McKean,Director
200 Main Street, Hyannis,MA 02601
DATE:
NUMBER OF PACES TO FOLLOW:
TO: FROM:
PHONE: PHONE: 1 (508)862-4644
FAX PHONE. 77G' 6 1 FAX PHONE: (508)790-6304
cc: 66 1
NOTES/COMMENTS: `
i
Q:T-m Fa—doe
Certified Mail#7003 1680 0004 5458 3299
Q� Town of Barnstable
Regulatory Services
IMATAM ; Thomas F. Geiler,Director
MAE&
Public-Health Division
Thomas McKean,Director
200 Main Street, Hyannis,MA 02601
Office: 508-862-4644 Fax: 508-790-6304
December 17, 2004
Ms. Virginia Briggs
226 Cranberry Highway
Sagamore, MA 02561
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 RENTAL ORDINANCE,ARTICLE 51
The property owned by you located at 120 Lincoln Road, Hyannis, was again partially inspected-
on December 14, 2004 by Donna Z. Miorandi, RS, Health Inspector for the Town of Barnstable,
and Ms. Honora Goldstein, Social Worker,with the Department of Social Services.
The following violation of the State Sanitary Code and the Town of Barnstable were observed:
105 CMR: 410.481: Posting Name of Owner. An owner of a dwelling which is rented for
residential use, who does not reside therein and does not employ a manager or agent for such
dwelling who resides therein, shall post and maintain or cause to be posted and maintained-in the
interior of such dwelling in a location visible to the residents a notice constructed of durable
material, not less than 20 square inches in size, bearing his name, address, and telephone
number.....
TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51:
The following violation of the Town of Barnstable ordinance was observed:
Section 4-4: Owner's name, address and telephone number not posted.
Section 4-4 of the Town Rental Ordinance specifically reads as follows:
An owner of a dwelling which is rented for residential use, who does not reside therein and who
does not employ a manager or agent for such dwelling who resides therein, shall post and
maintain or cause to be posted and maintained on the exterior of such dwelling within five
Q:Health/Order letters/Housing violations/120 Lincoln Road.doc
(5)feet of the main entrance or within five (5) feet of the mailbox(es), at least four(4) feet and
not greater than six(6) feet above ground level, a notice constructed of durable material, not less
than twenty square inches in size, bearing his/her correct name, address and telephone number. If
the owner is a realty trust or partnership,the name, address, and telephone number of the
managing trustee or partner shall be posted. If the owner is a corporation, the name, address, and
telephone number of the president of the corporation shall'be posted. Where the owner employs a
manager or agent who does not reside in such dwelling, such manager or agent's name, address,
and telephone number shall also be included in the notice.
You are directed to correct the violation of Section 4-4 listed above within Seven (7)Days of
your receipt of this notice,by posting the property correctly.
105 CMR 410.482: Smoke Detectors. Still need to witness the installation of a smoke detector
in bedroom off the kitchen.
105 CMR 410.500: Owner's Responsibility to Maintain Structural Elements. On the right
side of the dwelling one window is missing and another is broken. In the rear of the house
another window is broken. Many windows have no storm windows.
105 CMR 410.602(A): Maintenance of Areas Free from Garbage and Rubbish. There is
literally a mountain of debris in the rear of the property. This debris includes brush and old
furniture and scrap metal. This is a fire hazard as well as harborage for rodents. On the left
side of the house there are also many mattresses and other debris up against the house.
105 CMR 410.351: Owner's Installation and Maintenance Responsibilities. The owner
shall install in accordance with accepted plumbing, and shall maintain free from leaks,
obstructions or other defects,the following:
(AA) all facilities and equipment which the owner is or may be required to provide including but
not limited to , all sinks, washbasins, bathtubs, showers, toilets,waterheating facilities, gas pipes,
heating equipment, water pipes, owner installed stoves and ovens, catch basins, drains, vents and
other supplied fixtures; the connections to water, sewer and gas lines; the subsurface sewage
disposal system.
Upon this department's return inspection it will be verified that the plumbing leak leading
to raw sewage in the basement has been corrected.
105 CMR 410.500: Owner's Responsibility to Maintain Structural Elements. Upon the
initial inspection of November 22, 2004 , a follow-up inspection of November 23, 2004 and an
inspection on November 30, 2004 (with DSS) it was observed that most of the tiles in the
bathroom are missing and the subfloor is in a grave state of deterioration. In addition, this
bathroom is growing mold due to the fact that there is no vent and no operational window
(window covered with plastic).
On December 28`h, 2004 at 10:00 a.m. Ms. Goldstein and Donna Miorandi, shall be returning to
the property to reinspect.
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.
Q:Health/Order letters/Housing violations/120 Lincoln Road.doc
Non-compliance could result in a fine of up to $100.00 per violation. Each day's failure to
comply with an order shall constitute a separate violation.
PER ORDER OF T BOARD OF HEALTH
Thomas A. McKean,R.S.
Director of Public Health
Town of Barnstable
Cc: Honora Goldstein
Department of Social Services
500 Main Street
Hyannis, MA 02601
Mr. Ralph Briggs
120 Lincoln Road
Hyannis, MA 02601
Chief Harold Brunelle
Hyannis Fire Department
95 High School Road
Hyannis, MA 02601
Q:Health/Order letters/Housing violations/120 Lincoln Road.doc
`6
t�
Town of Barnstable
Regulatory Services
Thomas F. Geiler,Director
Public Health Division
Thomas,McKean,Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
h May 19, 2004
Francis &Virginia Briggs
226 Cranberry Highway
Sagamore, MA. 02561 G `"
NOTICE TO ABATE VIOLATIONS OF TOWN OF BARNSTABLE BOARD OF
' HEALTH REGULATIONS,NUISANCE CONTROL REGULATION NO 1
The property owned by you located at 120 Lincoln Road, Hyannis was.inspected on May
12, 2004 by Donald Desmarais,Health Inspector, because of a complaint.
The following violations of the Town of Barnstable Board of Health Regulations,
Nuisance Control Regulation No. 1 were observed:
Nuisance Control Regulation No. 1, Part VII, Section 1.00: Bags of refuse in yard,
trash visible on right side of house, couch on left side of house. These items must be
disposed of properly.
You are directed to correct the violations within seven days of receipt of this order
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.
Please be advised that failure.to comply with an order could result in a fine of$100.00. Each
day's failure to comply with an order shall constitute a separate violation.
PER ORDER OF THE BOARD OF HEALTH
Thomas A. McKean, R.S.
Director of Public Health
Town of Barnstable
Q:Healtb/orderletters/refuse/274 South.doc
' 1 '
elf
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EXISTING CONTOUR
r 98 -- � Rd
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—W EXISTING WATER SERVICE "�� o r o °hv
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NOT TO SCALE
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X01 32 100,
EXISTING CESSPOOL
> TO BE PUMPED, FILLED
101,13 WITH SAND & ABANDONED GENERAL NOTES:
��i X00.49 O 11 PROPOSED
SEPTIC TANK i 1. ALL CHANGES TO THIS PLAN MUST BE APPROVED BY THE LOCAL
0 BOARD OF HEALTH AND THE DESIGN ENGINEER.
O 11 100,36 i 2• ALL WORK AND MATERIALS SHALL CONFORM TO THE REQUIREMENTS
O OF THE STATE ENVIRONMENTAL CODE, TITLE V, AND ANY APPLICABLE
O LOCAL RULES AND REGULATIONS, EXCEPT AS REQUESTED BELOW:
BENCHMARK I
LO 310 CMR 15.405(1)(b):
100,41 ORANGE DOT/BH COR. —1. A 7' variance, S.A.S. to crawl space, for a 13' setback.
Z x 1 LU EL.=100.32 3. THE SEWAGE DISPOSAL SYSTEM SHALL-NOT BE BACKFILLED PRIOR
'
EXIST TO INSPECTION AND APPROVAL BY THE BOARD OF HEALTH AND THE
. SEWER DESIGN ENGINEER.
IJINV.=99.Of 4. ANY CONDITIONS ENCOUNTERED DURING CONSTRUCTION DIFFERING
B O FROM THOSE SHOWN HEREON SHALL BE REPORTED TO THE DESIGN
ENGINEER BEFORE CONSTRUCTION CONTINUES.
EXISTING 5. ALL ELEVATIONS BASED ON AN ASSUMED DATUM.
•�` HOUSE(#120) x N 6. THE DESIGN ENGINEER IS NOT RESPONSIBLE FOR THE FAILURE OF
I i I TOF=101.Of \ 99,91 THE CONTRACTOR OR OWNER TO NOTIFY THE LOCAL BOARD OF
HEALTH FOR PROPER INSPECTIONS DURING CONSTRUCTION.
\i 99,88 1 7. WATER SUPPLY PROVIDED BY TOWN WATER SERVICE.� '\ ,
r x O i 8. THERE ARE NO WELLS WITHIN 150' OF THE PROPOSED S.A.S.
9. ALL AREAS CLEARED FOR CONSTRUCTION SHALL BE RESTORED AS
9 95 j
AGREED UPON BY OWNER AND CONTRACTOR OR AS OTHERWISE
r DIRECTED BY THE APPROVING AUTHORITIES.
99I65\ 10. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY
;`•::: > :: r THE LOCATION OF ALL UNDERGROUND UTILITIES, PRIOR TO BEGINNING
:; : c� CONSTRUCTION.
99,70 '\ \ 11. WHERE REQUIRED, CONTRACTOR SHALL REMOVE ALL UNSUITABLE SOILS
IN THE AREA BENEATH AND FOR 5' ON ALL SIDES OF THE S.A.S. AND
99,57 REPLACE WITH CLEAN SAND AS SPECIFIED IN 310 CMR 255(3).
12. AREAS REQUIRING STRIPOUT OF UNSUITABLE MATERIALS SHALL BE
c 99.85 ;`j \ OF 4
4
ss9 INSPECTED BY DESIGN ENGINEER PRIOR TO BACKFILL.
13. THIS PLAN IS TO BE USED FOR SEPTIC SYSTEM PURPOSES ONLY AND
30 PETER T
��` cy NOT CONSIDERED TO BE A PROPERTY LINE SURVEY.
o . ✓'
g McENTEE n 14. THE ENGINEER IS NOT RESPONSIBLE FOR ANY UNDOCUMENTED SEPTIC
'';'<8�400 S F \ v CIVIL "' SYSTEM COMPONENTS NOT SHOWN ON THE PLAN
60.00' \' No. 35109
S 27°53 53 W PARCEL ID: 270-057
' 99:59 E GISTE�` ��
PROPOSED SEPTIC SYSTEM UPGRADE PLAN
Zl 120 LINCOLN ROAD, HYANNIS, MA
99,64
EDGE 99,51 OF ® PAVEMENT 99.39 Prepared for: ALJ Realty Corporation, 128 Main Street, Hyannis, MA 02601
CATCH BASIN 99.65
I, OWNER OF RECORD Engineering by: SCALE DRAWN JOB. NO.
LINCOLN- ROAD ALJ REALTY CORPORATION 1"=20' P.T.M. 120-19
128 MAIN STREET Engineering Works, Inc.
HYANNIS, MA 02601 12 West Crossfield Road, Forestdale, MA 02644 DATE CHECKED SHEET NO.
(508) 477-5313 2/16/19 P.T.M. 1 .Of 2
Y NOTE: TO PREVENT BREAKOUT, FINAL GRADE
SEPTIC TANK SHALL NOT BE AT, OR BELOW, EL.=98.5
INSTALL RISERS & COVERS OVER INLET & FOR A DISTANCE OF 15' FROM THE EDGE
OUTLET AND SET TO 6" OF FINISH GRADE PROPOSED D—BOX OF THE PROPOSED S.A.S.
INSTALL RISER & COVER PROPOSED S.A.S.
SET TO 6" OF GRADE INSTALL RISER & COVER OVER EACH CHAMBER AND
T.O.F=101.Ot SET TO 3" OF F.G. TO SERVE AS INSPECTION PORT
F.G. EL.=100.5t F.G. EL.=100.4f F.G. EL.=100.9t F.G. EL.=101.0±
BACK
L = 17' L = 24'
® S=1% (MIN.) S=1% MIN.) L 5'
®
4"SCH40 PVC 4"SCH40(PVC 4'SCH40(PVC) 2" LAYER OF 1/8" TO 1/2"
s' DOUBLE WASHED STONE CV �-
�o"I 14. r 6' aaa$aa103
="'12.87-
(OR APPROVED FILTER FABRIC) O
fly
INV.=98.72 48" LIQUID - --3/4" TO 1-1/2" DOUBLE r7��
LEVEL ADD PROPOSED 4' 4.8' WASHED STONE ^ ^
INV.=98.22T
GAS BAFFLE _ INV.=98.05T
INV.=98.47 D BOX EFFECTIVE WIDTH 00 N
Am AIM am Am 3 OUTLETS INV.=98.00 (V
FL PROPOSED SEPTIC TANK 2-500 GALLON LEACHING CHAMBERS PROP. S.A.S. 1
CONNECT TO EXISTING SUITABLE SEWER PIPES SURROUNDED WITH STONE AS SHOWN --29, 1
AT HOUSE, AT OR ABOVE, INV.=99.Ot verif H-10 RATED
TOP CONC. ELEV.=98.8f
BREAKOUT ELEV.=98.50
NOTES: INV. ELEV.=98.00 ease
BBBB0
1) CONTRACTOR SHALL VERIFY ALL EXISTING PIPES & aaaaaaaaaaa SEPTIC LAYOUT
INVERTS EXITING HOUSE, PRIOR TO INSTALLATION. aaaBaaaaaaa
BOTTOM ELEV.=96.00
2) SEPTIC TANK & D-BOX SHALL BE SET LEVEL AND 4' 2 x 8.5'=17.0' 4'
TRUE TO GRADE ON A MECHANICALLY COMPACTED 4' OF NATURALLY OCCURRING EFFECTIVE LENGTH = 25.0'
SIX INCH CRUSHED STONE BASE, AS SPECIFIED PERVIOUS MATERIAL -
IN 310 CMR 15.221(2). 5' (MIN.) ABOVE G.W.
3) INSTALL INLET & OUTLET TEES AS REQUIRED. LEACHING SYSTEM SECTION
NO G.W., EL.=90.2 I =E3
®®
4) GAS BAFFLE TO BE INSTALLED ON OUTLET TEE "
AS MANUFACTURED BY TUF-TITE, ZABEL OR EQUAL. ®®ED
®
W
SEPTIC SYSTEM PROFILE N Z ®®
i
SOIL LOG 102
DESIGN CRITERIA DATE: FEBRUARY 11, 2019 (REF#15,897) 4" KNOCKOUT
SOIL EVALUATOR: PETER McENTEE PE(SE#1542)
NUMBER OF BEDROOMS: 2 WITNESS: DONALD DESMARAIS R.S.HEALTH AGENT 20" DIA. COVER
SOIL TEXTURAL CLASS: CLASS I ELEV. TP-1 DEPTH ELEv. TP-2 DEPTH
DESIGN PERCOLATION RATE: <2 MIN IN " 0" 4" KNOCKOUT / 4" KNOCKOUT 58"
/ 101.4 0
A 101.2 A
(0.74 GPD/SF LOADING RATE) LOAMY SAND LOAMY SAND
DAILY FLOW: 220 GPD 10YR 4/2 10YR 4/2
101.9 B 6" 101.7 B 6" 4" KNOCKOUT
DESIGN FLOW: 330 GPD LOAMY SAND I LOAMY SAND
GARBAGE GRINDER: NO 10YR 5/8 10YR 5/8
LEACHING AREA REQUIRED: (330 GPD) = 445.9 SF 98.4
Cl 6" 98.4 Cl 34 500 GALLON CAPACITY, H-10 LOADING
PERC
.74 GPD/SF 36"/54" CHAMBERS
PROPOSED SEPTIC TANK: 1500 GALLON CAPACITY
PROPOSED DISTRIBUTION BOX: 1 INLET, 3 OUTLETS
USE 2-500 GALLON LEACHING CHAMBERS IN SERIES MED. SAND MED. SAND PROPOSED SEPTIC SYSTEM UPGRADE PLAN
SURROUNDED BY DOUBLE WASHED STONE ON ALL SIDES 2.5Y 6/6 4 2.5Y 6/6 120 LINCOLN ROAD, HYANNIS, MA
SIDEWALL AREA: 2(12.8' + 25.0') X 2 = 151.2 S.F. Prepared for: ALJ Realty Corporation, 128 Main Street, Hyannis, MA 02601
BOTTOM AREA: 12.8' x 25.0' = 320.0 S.F. Engineering by: SCALE DRAWN JOB. N9NO.
TOTAL AREA:..............................................................471.2 S.F. 90.4 132" 90.2 132" Engineering Works, Inc. N.T.S. P.T.M. 120-1
DESIGN FLOW PROVIDED: 0.74 GPD/SF(471.2 SF) = 348.7 GPD NO GROUNDWATER, PERC RATE: <2 MIN./IN. 12 West Crossfield Road, Forestdole, MA 02644 DATE CHECKED SHEET(508) 477-5313 2/16/19 P.T.M. 2 Of
t