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Home My WebLink About0053 MAPLE AVE - Health 53`i'VIdp1.e` ve' Hyannis 1 A = 301- 086 A r p FROM FLANNIGAN & SULLIUAN PHONE NO. 781 829 0877 Jun. 09 2003 09:30AM P5 F wait iii' l i�t�s'1" �jpb`E . COMMONWEALTH OF MASSAC.HU .T7aS � `� TRIAL COURT SUBPOENA 4 BARNSTABLE, ss. BARNSTABLE DISTRT:C; f. CIVIL ACTION NO. 0 25CV�0-27 TO: THE KEEPER OF THE RECORDS TOWN OF HYANNIS DEPARTMENT OF PUBLIC HEALTH ��P ST J U N 9 200 200 MAIN STREET HYANNIS, MASSACHUSETTS 02601 DEPUTY SHERIFF GREETINGS: YOU ARE HERE13Y COMMANDED, in the name of the Commonwealth of Massachusetts, to appear before the Barnstable District Court, located at the County Complex, Barnstable District Courthouse, Main Street, Route 6A, Barnstable, Massachusetts 02630 within and for the County of Barnstable on the thirteenth (13th) day of June, 2003 at 9:30 A.M. in the forenoon,and from day to day thereafter, until the action herein named is heard by said Court, and to give and provide evidence of what you know and possess relating to a civil action of damages related to the use and occupancy of 53 Maple Avenue, Hyannis, MA. 02601 then and there to be heard and tried between Seyman DoQan, Havas Down & .Jeffrey Daluz, Plaintiffs/Tenants vs. Roper M. Siciliano,Defendant/Landlord. YOU ARE HEREBY BEING SUBPOENAED TO TESTIFY,PRODUCE AND DELIVER THE, FOLLOWING DOCUMENTS IN ORIGINAL FORM AS ATTACHED HERETO AS EXHIBIT"A": YOU ARE HEREBY BEING SUBPOENAED TO TESTIFY by the Defendant's Attorney, Kevin M. Flannigan, Esq. of Flannigan & Sullivan, 51 Mill Strect, Suite 7, Hanover, Massachusetts 02339-1660 (781) 829-0870. HEREOF AND FAIL NOT, AS YOU WILL ANSWER ANY DEFAULT UNDER THE PAINS AND PENALTIES IN THE LAW THAT BEHALF MADE AND PROVIDED HEREIN. Dated at Barnstable, Massachusetts on this 9th day of June, 2003. CA Notary Public My Commission Expires: SHARON A.ALVEZI NOTARY PUBLIC , aaffA*n Expires Play 20,21b3 FROM : FLANNIGAN & SULLIVAN PHONE NO. 781 029 0077 Jun. 09 2003 09:31RM P6 ;r. To. The Keeper of the Records Town of Hyannis Department of Public Health Hyannis,MA.02601 EX IJ BIT"A" (11 The file, including all memoranda, notices, complaints, remedial actions, sanctions, photographs, depictions, etc., pertaining to the complaints, inspections and citations of the property owned by the landlord,Roger NL Siciliano located at 53 Maple Avenue,Hyannis,Massachusetts 02601 from January 1, 1998 through the present date; (21 The inspections made and the citations issued against the landlord and property owner, Roger M. Siciliano, for the property located at 53 Maple Avenue, Hyannis, MA. 02601 from January 1, 1998 through the present date; [3) The sanctions and/or Imes and/or other remedial actions sought and imposed against the landlord and property owner, Roger M: Sicilian, for the property located at 53 Maple Avenue, Hyannis, MA. 02601 from January 1, 1998 through the present date; [41 Any and all complaints filed by the tenants, Seyman Dogan, Havas Dogani, and/or Jeffrey Daluz against the landlord/property owner, Roger M. Siciliano, for the property located at 53 Maple Avenue, Hyannis,MA.02601. Town of Barnstable Regulatory Services �FIME rp� Thomas F. Geiler,Director Public Health Division i639. � Thomas McKean,Director AjFDMA'�A 367 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 June 11, 2001 Lonnie R. Welchman, P. O. Trial Court of the Commonwealth, District Court Department First Barnstable Division, Probation Department Barnstable, MA 02630 RE: 53 Maple Avenue,Hyannis,MA Dear Mr. Welchman: On June 11, 2001, I performed a re-inspection of the above mentioned property owned by Roger Siciliano. Many of the required repairs have been made but many have not been completed by the deadline. My observations were that Mr. Siciliano has made some minor repairs but has spent the majority of the loaned money on a new bathroom on the second floor. This was explained to Mr. Siciliano as unacceptable. The dwelling remains to be unoccupied by lodgers and repairs are in process on many violations. Therefore,the Barnstable Health Division will make monthly visits to determine progress of repairs. If there are any questions or concerns,please do not hesitate to contact me at 508-862-4644. Sincerely, Glen E. Harrington, R. S. Health Inspector cc: Roger Siciliano sicilia2.doc 02/27/01 19.06 FAX 5087799429 KINKO S OF HYANNIS Wj uu1 MEN 1RV i E - - -- . ��: fax cover sheet rxpre��Yours Kinko s of Hyannis •Telephone: 508 118-9454 • Fax: 60ti) 18-9429 • E-mail:usa03864 kinkos.com. Date \:��`t".�'( . _ � 1 Number of..pages � (Including cover page) tO: Name �v \1`�rom: Name Cor*zpany company VV ' < Telephone (tnN C'-��- ! Telephone �` aar fax Comments More than 900 locations worldwide.For the location nearest you,call 1-800-2-KiNKOS.Visit our Web site at www.kinkos.com. I f Town of Barnstable Regulatory Services oFt"E r Thomas F. Geiler, Director ' Public Health Division n swxxsrwa� � 5 9q, 16 q �m� Thomas McKean, Director 367 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 ra;,,,c.�, 10 1001 Lonnie R. Welchman,P. O. Trial Court of the Commonwealth, District Court Department First Barnstable Division, Probation Department Barnstable, MA 02630 RE: 53 Maple Avenue, Hyannis,MA Dear Mr. Welchman: On February 21, 2001, I performed a re-inspection of the above mentioned property owned by Roger Siciliano. Many of the required repairs have been made but many have not been completed by the deadline. My recommendations/suggestions to the Court are: • Have Mr. Siciliano a for violations not repaired. Mr. Siciliano has had ample time since PY p P first notification of April 27, 2000. • The enforcement action shall end upon payment for prior violations. • A new compliance process may start as the Board of Health monitors Mr. Siciliano's progress in making repairs. Mr. Siciliano cannot re-rent the property with outstanding violations. If Mr. Siciliano does re-rent the property,the Board.of Health shall issue non- criminal tickets on violations observed at that time and on a daily basis. • If Mr. Siciliano truly wishes to open a bed and breakfast business,then the Board of Health will ensure all violations are corrected and compliance is maintained prior to opening of the bed and breakfast. If there are any questions or concerns, please do not hesitate to contact me at 508-862-4644. Sincerely, Glen E. Harrington, R.S. Health Inspector I cc: Roger Siciliano sicilial.doc Town of Barnstable p Regulatory Services :ys 'r''r r -~i oFj"E rO Thomas F. Geiler,Director Public Health Division * BARNWABLE. 19 ,0� Thomas McKean, Director prED"AA�A 367 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 January 10, 2001 Lonnie R. Welchman, P. 0. ' Trial Court of the Commonwealth, District Court Department First Barnstable Division, Probation Department Barnstable, MA 02630 RE: 53 Maple Avenue, Hyannis, MA Dear Mr. Welchman: On January 9, 2001, I performed a re-inspection of the above mentioned property owned by Roger Siciliano. Many of the required repairs have been made but many are also in process of being completed. Mr. Siciliano stated that the majority of the repairs would be accomplished within the.next 30 days. If there are any questions or concerns,please do not hesitate to contact me at 508-862-4644. Sincerely, Glen E. Harrington, R.S.- Health Inspector cc: Roger Siciliano Town of Barnstable Regulatory Services °Ft"E Thomas F. Geiler,Director ;,, ABA Public Health Division 9� 16 9 �� Thomas McKean, Director 367 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 January 10, 2001 Lonnie R. Welchman, P. O. Trial Court of the Commonwealth;District Court Department First Barnstable Division, Probation Department Barnstable, MA 02630 RE: 53 Maple Avenue,Hyannis,MA Dear Mr. Welchman: On February 21, 2001, I performed a re-inspection of the above mentioned property owned by Roger Siciliano. Many of the required repairs have been made but many have not been completed by the deadline. My recommendations/suggestions to the Court are: • Have Mr. Siciliano pay for violations not repaired. Mr. Siciliano has had ample time since first notification of April 27, 2000. • The enforcement action shall end upon payment for prior violations. • A new compliance process may start as the Board of Health monitors Mr. Siciliano's progress in making repairs. Mr. Siciliano cannot re-rent the property with outstanding violations. If Mr. Siciliano does re-rent the property, the Board.of Health shall issue non- criminal tickets on violations observed at that time and on a daily basis. • If Mr. Siciliano truly wishes to open a bed and breakfast business,then the Board of Health will ensure all violations are corrected and compliance is maintained prior to opening of the bed and breakfast. If there are any questions or concerns, please do not hesitate to contact me at 508-862-4644. Sincerely, Glen E. Harrington, R:S. Health Inspector cc: Roger Siciliano sicilial.doc Anthony Alva Attorney at Law 3291 Main Street, P.O. Box 730 Barnstable, MA 02630 Phone (508) 362-8342, Fax (508) 362-7770 January 9, 2001 Glen Harrington Health Inspector, Town of Barnstable 367 Main St. Hyannis, MA 02601 Re: Subpoena - Murtaugh et.al. v. Childs Thursday, January 11, 2001 Trial Dear Mr. Harrington: Attached. is a subpoena and an 8.00 ravel and wit ness fitness fee for the P $ h above. re-ferenced matter. Thank you for you assistance and if you have any questions please feel free to contact my office. Sincerely thony Alva Attachments J0 dam'' 6 SUBPOENA TO WITNESS COMMONWEALTH OF MASSACHUSETTS Barnstable, ss. DISTRICT COURT Docket 00 25 SU 1188 SUSAN CHILDS ) KENNETH CHILDS ) Plaintiffs ) Vs. ) ERIC MURTAUGH ) TRAVIS M. GRAY ) SCOTT T. ROSE ) JOHN G. YOUNG, JR. ) Defendants ) To: GLEN E. HARRINGTON, Health Inspector, Town of Barnstable, 367 Main St. , Hyannis, Ma 02601 Greeting: YOU ARE HEREBY REQUIRED, IN THE NAME OF THE COMMONWEALTH OF MASSACHUSETTS, to appear before the Barnstable First District Court, Main Street, Route 6A, Barnstable, Massachusetts, 02630, on THURSDAY, the 11TH OF JANUARY, 2001, at 10:00 a.m. and from day to day thereafter, until the above named matter is heard by said Court, to give testimony and evidence of what you know of said matter to said Court then and there to be heard and tried, and are required to bring with you all records or memoranda of any kind and nature relating in any manner whatsoever to your inspection of the home rented by the above listed plaintiffs at 626 Craigville Beach Road, Centerville, MA 02632. HEREOF FAIL NOT, as you will answer your default under the pains and penalties in the law in that behalf e -�d plvrided. DATED AT this Tuesday, Januar , 2001. Anthony-Alva, Notary Public , V CERTIFICATE OF SERVICE Ar� 4� �ubIIC �11$�3C=e a r � y I CERTIFY THAT I HAND DELIVERED COHSH�Gt�� 1USeS THIS SUBPOENA THIS, DATE: I MyC®6I1ff r4yv4 � a/5/2004 IV l� Disinterested Person N,. F� rY i. L t f t '`£ t -' i -'' ` y(e t t a A<i.. r4« ++ # A --9 FLANI- & SULLIVAN, P A{ ,, A Attorneys-;and Counselors at Law #t �, rt: A PCof"' * *lal`A'§&iatioi `Y Mtn s r ., ,, . 5I Mi11 Street, Suite 7B,Hanover';MA 0I I I 1660 ,, �' p r a - Tel (78`1) 829 0870 / Fax (781) 829 0877 F ti N L r Milton Office ` � ' r ' , .` , ( I i µ. , anms-Office r':S a 25;High Street Sutte 207 Y �7'North Street,Bldg 3 r c: r r r f x Ivl ltop,MA 02187,0266 t s , L, Pti One Financ�al Place '. Y Tel:(617)698 4242� ?�• "' �' �HyanmsMA 0260:1 5131 a ` f `Y j^ " " Tel (508)790 7919 f 'i r : r Please direct all correspondence to Hanover address ,'r n ,",. n, * �'� - fF- ° 4 n a L , 'fir Attorneys " t 1 A f ` Kevin M.F.lanmgan,Esq; f ' _ `j` e-mail:kflannigan@mmdsprmg coin ti , Apri1�255 2000 , r 4 " .DaVld G.?Sulhvau Esq 1 i>' , s z' o ' x ,� ;ih b to '+ e. '� ' `" i ; _ rs ".! 1 Y1 h .1 ,, t C t i Mr, Glen E Henry ,c :` j Y ~` Board Of.Health`> ; b T , .Q f Town Offce Bui_ldmg f. , ' ,t > _ rF + ' t {' < 3'67 Mam Street ` r 4 , x . 4, b r ., 1 r 3 [ to g Hyannis,,MA 02601 ` t 4j y`. F .�. S 1 Y b i f l' Y Y ;+�. .y�ry X 5 is 3 -r t I p�.. _�;< ��tin l 1 n- - ';� [ - r 3 S i .. 4 ri.. + Re °'Code Violations A1Teged to Occur at 53 Maple Avenue Hyannis MA 02601 r t `- t' t 5 i. 1 r ^f J i 0 .t F .1 y tf t -Y { Dear Mr Henry € -'} t t:. , ]j ! �. fF [ ,+�..T ��t' ' i� T�, AJ k f i� ':. t - r } p .'` t Y r:, t E,Please allow mean mtroduee,myself as the legal counsel retained by a number of.tenants that reside at,53 Maple Avenue,( r Hyanrits,Massachusetts 02601 regarding alleged code and"health violations that exist of t'ts location where they,reside as a tenants As I believe ou are aware;,- l e ro 'e I .m'owned and mana ed b a Mr Ro er Sicilano ofithe same address Y p P. 'y g Y g <, S 1."-t ,r :4 7 b... 'tk t ter. f 1 -t ". 3t t : t e,f f t. 't'., 4 f ` a .,hs Tp', 7 It is my understanding;biased upon my;conversations with the tenants at this location;that a number of inspections have r {n: t • been made by the Hyahms Board'of Health Office m"regard to code,health and"safety violations t at allegedly exisf at this' location ;1V�ost recently,'rt is my understanding that an inspection•occurred within the last 60 days > „ , ` On behalf of the enants Mr and Mrs Seymen Dogan and Mr Jeffrey Daluz,would you be so;kmd as to forward to,my .attention`at the Hanover;Massachusetts office address copies or,any pertinent records regarding your.inspections-of these ti Y premises:including citations,and noted violations of the town,municipalror state;health'',safety'died environmental i ;`regulations " - pe ' T''xl.-4 ' _ },v, �' " e.', 1' r 3 F t S J - C �Y S ° ' .s , r s ` t ti .. -.t c'.�t i �t f 'r t J }'.. - 1 r t K. 1 .4 v 1' .If you should have_ any questions or comments m this regard, please do not hesitate to call me at(78I) 829 0.870 I thank . ,- E r _ ` ,, - 1 1 you for your anticipated courtesy and:cooperation m'this regard hs 11 - remain,_ t s , `5 s t' f , _ , ��, y f, r^.1. �1 1 '4y a' + t, q a i ,r L a , ' w, Very uly; "r :b r- . a n - •,' r 4 * k a d , 'Ke m M: r f , > FL ,, AN&- .'LNAN,.A [ ` `, t � ,fi iz , ti= x s'. s 1 y t y t f 4 $ ,I t` ' v .t t ., r{1 , zt k t 5 : t 1} Y 7 i Y:� It d-1 , "79 +' f,, t ' y' KMF/min 4dictated not read) Y , i = r: l L `Y cc Mr and Mrs `S ymen Dogan A,F _ r t a: ':t t ,(�,� ,65 , t I:.., t :T5 tSru*�, x 5 �7 1 4 I - t _ r Mr Jeffrey Daluz y ,`' r A t ,} y' -'a&, �. ti a f/ r�3 yi� i Y, t r ,.. � ?✓ I, { y t i, t s t f. ,y i' r� } 7... fir F4 I t G - {. n Y, G i I., t r s '�, .t is t r_ r a t , 4 3 Y i .: x y e ' �, L S t K ^z.. 3 Y� c '3! Tt, i 4_4 S e E _p 4l „I z a t.,. a v 1V 77 Winter Street A Hyannis, MA 02601 H (508) 778-5255 SHELTER April 13, 2000 To Whom It May Concern, Over the past dozen or so years Roger Siciliano has made rooms available in his home at 53 Maple Avenue to our clients of the NOAH Shelter. As it can be difficult to find housing for the men and women we serve it has been very helpful to have someone in the community with a resource of rooms willing to collaborate. Thank you, Rick Vrigham7/ � Social Services Coordinator O'Neill Center l w• '' N1 "A PROGRAM OPERATED BY HOUSING ASSISTANCE CORPORATION" Town of Barnstable 9 NAM g Department of Health, Safety, and Environmental Services �Aren "'0 Public Health Division P.O. Box 534, Hyannis MA 02601 Office: 508-862-4644 Thomas A McKean,RS,CHO FAX: 508-790-6304 Director of Public Health March 30, 2000 Roger P. Sicilian 53 Maple Avenue Hyannis, MA 02601 ;NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE II, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51 The property owned by you located at 53 Maple Avenue,Hyannis, was inspected on March 23, 2000 by Glen Harrington, R.S. Health Inspector for the Town of Barnstable,because of a complaint. The following violations of 105 CMR 410.00, State Sanitary Code II, Minimum Standards of Fitness for Human Habitation were observed: 410.100: Unsanitary conditions in kitchen. Exposed plaster and peeling paint observed. 410.255: Insufficient electric power to dwelling. Decrease in electricity observed at time of inspection. 410.351: Exposed plumbing observed in rear entrance foyer. 410.351: Exposed electrical wires observed in second floor hallway. 410.351: Electrical switch plates observed missing in first floor hall. 410.452: Unsafe condition at rear entrance. Wooden walkway observed to be rotted, cracked and structurally unsound. 410.482: Smoke detector on second floor was inoperable. 410.500: Wood shingle siding was observed to be cupped, rotted,missing shingles and falling off. 410.500: Exposed 2x4 stud walls and unfinished sheetrock walls were observed in first floor foyer and second floor. q/wp/order/sicilia/Is 410.500/501: Kitchen side door was observed to have gaps greater than 1/8/"in width. 410.500/501: Rear entrance door was observed to have gaps greater than 1/8"in width. 410.500/501: A rotted sash to the window in second floor"gray"room was observed. 410.501: Cracked and peeling paint and glazing were observed on all windows. 410.501: A broken pane of glass was observed in second floor gray room. 410.501: A broken pane of glass was observed on the storm window to second floor closet. 410.501: Storm windows were oberved missing from majority of windows. 410.503: Railing to interior stairs was observed to be missing. 410.504: Kitchen floor was observed to be exposed plywood(not a cleanable surface). You are ordered to correct these violations of 410.351 (electrical)and 410.452 within twenty-four (24)hours of receipt of this notice by providing electrical switch plates, by ensuring there are no exposed wires, and by replacing the rotted rear entrance.. You are also directed to correct the remaining above listed violations within seven (7) days of receipt of this notice. In addition,you are in violation of the Town of Barnstable's "Health Regulation Regarding Fuel and Chemical Storage Systems." You were previously ordered to register and remove your underground fuel oil tank by April 30, 1998. However,the tank was not removed. You are hereby ordered to remove your underground fuel oil tank within thirty(30)days of receipt of this order letter. Failure to comply may subject you to a criminal court complaint and fines up to $1,000.00 per day. Each separate day's failure to comply with an order shall constitute a separate violation. You may request a hearing if written petition requesting same is received by the Board of Health within seven (7) days after the date order is received. However,these violations must be corrected regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of not more than$500. Each separate day's failure to comply with an order shall constitute a separate violation. PER ORDER OF THE BOARD OF HEALTH qomas�AMcKean Director of Public Health q/wp/order/sicilia/ls