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Home My WebLink About0070 MARSTON AVENUE - Health 7o.narsfon Avenue 71 Hyannis A = 288 098 i r r F k P h B it F d r+ 4 } OF o rrba�� rHe nfBn1j" �! r �� e ,•n.��.�.�� . . - - . _ Public Health Division U.S.POSTAGE»PITNEY BOWES 200 Main Street # � o +°0� Hyannis,MA 02601 5 173 02 av2vso� $ 006.900 701 c 0 anal 4988 0732 0000.336455APk 06. 2020. _ _SHERMAN, MAGUS BOX 458 HVANNIC,PnPT NAA n2rA,7 _ ATTE RP TE NOT KNOWN :v N I 77,. w.Y • 7 -- --address ■ Cori letp.items 2+ ! 3 t '': ;s'? ❑A ent le Print your naril( �ddress on the reverse ❑Addressee so that we c v rn the card to you. ■ Attach this car the the back of the mailpiece, B. y(P.rinted Name) C. Date of Delivery or on the front if space permits. different from item 1? ❑Yes er delivery address below: ❑ No SHERMAN, MARCUS BOX 458 HYANNIS PORT, MA02647I { r �,mceiyWe ❑Priority Mail Express® II I BIII�I I II I�I I IIIIIII BIIIIBI II I I I II I I�II�II ❑Adult Signature ❑Registered Mail R 1 ❑ duff Signature Restricted Delivery ❑Registered Mail Restricted i ertified Mail® ��D slivery 9590 9402 5357 9189 1908 69 Certified Mail Restricted DelNery 611Return Receipt for ❑Collect on Delivery C Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationT"' 1 2. Article Number(Transfer from service label) •-----d Mail ❑Signature Confirmation d Mail Restricted Delivery Restricted Delivery i 7015 1730 0001 4988 0732 i500) PS Form 3811,July 2015 PSN 7530-02-000-9053� Domestic Return Receipt t I f - r Town of Barnstable Inspectional Services &4RN9rA13I.L t"AS& Public Health Division 6 200 Main Street, Hyannis MA 02601 Office: 508-862-4644 Thomas A.McKean,CHO FAX: 508-790-6304 CERTIFIED MAIL#7015 1730 0001 4988 0732 April3 2020 -SHERIGIAN, MARCUS.`- BOX 458 HYANNIS PORT, MA 02647 ORDER TO COMPLY WITH STATE ENVIRONMENTAL CODE, TITLE 5 The septic system located at 70 Marston Avenue, Hyannis, MA was inspected on 03/20/2020 by Sean M Jones, certified Title V Septic Inspector for the State of Massachusetts. The inspection of the septic system showed that the system "Conditionally Passes" under the guidelines of 1995 TITLE V (310 CMR 15.00) due to the following: • Single cesspool. Must abandon single dry well for laundry. You are ordered to replace the septic system within two (2)years from the date you receive this notification. Failure to repair/replace the septic system within the deadline period will result in future enforcement action. PER ORDER OF THE BOARD OF HEALTH Thoma cKean, R.S., CHO Agerit of the Board of Health Q:\SEPTIC\Title V Inspection Report Letters Mail ing\Conditionally Passes Letters\70 Marston Avenue Hyannis.doc Town of Barnstable Inspectional Services BARNSTABLB. "`"9 i639 Public Health Division �0� fDA""�p 200 Main Street, Hyannis MA 02601 Office: 508-862-4644 Thomas A.McKean,CHO FAX: 508-790-6304 CERTIFIED MAIL#7015 1730 0001 4988 0732 April 3, 2020 SHERMAN, MARCUS BOX 458 HYANNIS PORT, MA 02647 ORDER TO COMPLY WITH STATE ENVIRONMENTAL CODE, TITLE 5 The septic system located at 70 Marston Avenue, Hyannis, MA was inspected on 03/20/2020 by Scan M Jones, certified Title V Septic Inspector for the State of Massachusetts. The inspection of the septic system showed that the system "Conditionally Passes" under the guidelines of 1995 TITLE V (310 CMR 15.00) due to the following: • Single cesspool. Must abandon single dry well for laundry. You are ordered to replace the septic system within two (2)years from the date you receive this notification. Failure to repair/replace the septic system within the deadline period will result in future enforcement action. PER ORDER OF THE BOARD OF HEALTH �Thoma cKean, R.S., CHO _ ~ Agent of the Board of Health Q:\SEPTIC\Title V Inspection Report Letters Mai ling\Conditionally Passes Letters\70 Marston Avenue Hyannis.doc P�oFTHE Teti Town of Barnstable . ; MULL (ABLE,MASS • . ,A 1639. ,0m Inspectional Services Department rfD MA'S� Public Health Division 200 Main Street, Hyannis MA 02601 Office: 508-862-4644 FAX: 508-790-6304 Thomas A.McKean,CHO Feb 6, 2007 Rev. 4/26/19 DEADLINES TO REPAIR FAILED SYSTEMS (Town Code §360-44 and Title V: 310 CMR 15.000) An "x" marked in the ❑ is the failure criteria and associated repair deadline 60 DAY DEADLINE CRITERIA ❑ Discharge or ponding of effluent to the surface of the ground ❑ Pumping more than 4 times during the last year not due to clogged or obstructed pipe. ❑ Backup of sewage into the house due to an overloaded or clogged SAS or cesspool ❑ Structurally unsound septic tank or SAS ONE (1) YEAR DEADLINE CRITERIA ❑ Static liquid level in the distribution box above outlet invert due to an overloaded or clogged SAS or cesspool ❑ Any portion of the SAS, cesspool, or privy below high groundwater elevation ❑ Any portion of the cesspool within a Zone 1 to a public well ❑ Any portion of a cesspool within 50 feet of a private water supply well with no acceptable water quality analysis. (This system passes if the water analysis indicates the well is free from pollution). Ty6 (2) YEAR DEADLINE CRITERIA Single Cesspool ❑ Any "conditionally passed systems" (broken cover, relocation of a pipe, relocation of a driveway due to H-10 components, etc) ❑ Leaching facility with standing liquid level at or above the invert pipe (per Town. Code §360-20 h) OTHER 0%Vk do V1 �(A /41 VP1 Repair deadline: Q:\SEPTIC\DEADLINES TO REPAIR FAILED SYSTEMS.doc 9 8 Commonwealth of Massachusetts 8.. 0 9 Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 70 Marston Ave Property Address r� Marcus Sherman Imo' Owner Owners Name information is required for every Hyannis ✓ F _ Ma 02601 3/20/2020 page. City/Town State Zip Code_ Date of Inspection Inspection results must be submitted on this form. Inspection forms may not be altered in any way. Please see completeness checklist at the end of the form. Important:When A. Inspector Information filling out forms on the computer, use only the tab Sean M. Janes key to move your Name of Inspector cursor-do not S.M.Jones Title V Septic Inspection use the return Company Name key.. 74 Beldan Lane Company Address Centerville Ma 02632 Cityrrown state Zip Code » 774-248-4850 smjonestitle5@gmaii.com, SI4522 sean@smjonestitle5.com License Number B. Certification certify that: I am a DEP approved system inspector in full compliance with Section 15.340 of Title 5 (310 CMR 16.000); 1 have personally inspected the sewage disposal system at the property address listed above;the information reported below is true, accurate and complete as of the time of my inspection; and the inspection was performed based on my training and experience In the proper function and maintenance of on-site sewage disposal systems. After conducting this inspection I have determined that the system: 1. ❑ Passes 2. ® Conditionally Passes 3. ❑ Needs Further Evaluation by the Local Approving Authority 4. ❑ Fails 3/20/2020 Inspectors Signature Date The system inspector shall submit a copy of this inspection report to the Approving Authority (Board of Health or DEP)within 30 days of completing this inspection. If the system has a design flow of 10,000 gpd or greater,the inspector and the system owner shall submit the report to the appropriate regional office of the DEP. The original form should be sent to the system owner and copies sent to the buyer, if applicable, and the approving authority. Please note:This report only describes conditions at the time of inspection and under the conditions of use at that time.This Inspection does not address how the system will perform in the future under the same or different conditions of use. t5insp.doc a rev,712812018 Title 5 Official inspection Form;Subsurface Sewage Disposal System Page 1 of 18 Commonwealth of Massachusetts --m Title 5 official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments . 70 Marston Ave Property Address Marcus Sherman Owner Owner's Name Information Is Hyannis Me 02601 3/20/2020 required for every ----- page. City/Town State Zip Code Date of Inspection C. inspection Summary Inspection Summary: Complete 1, 2, 3, or 5 and all of 4 and 6. 1) System Passes: ❑ I have not found any information which indicates that any of the failure criteria described in 310 CMR 15.303 or in 310 CMR 15.304 exist. Any failure criteria not evaluated are indicated below. Comments: The property located at 70 Marston Ave Hyannis is served by a septic system consisting of block cesspool with a block cesspool and 1000 gallon precast leach pit overflows. Washing machine flows to a separate drywell and needs to be connected to the main system, resulting in a"conditional pass". This report does not guarantee future performance and only describes conditions at time of inspection. 2) System Conditionally Passes: ® One or more system components as described in the"Conditional Pass" section need to be replaced or repaired. The system, upon completion of the replacement or repair, as approved by the Board of Health, will pass. Check the box for"yes", "no"or"not determined" (Y, N, ND)for the following statements. If"not determined," please explain. The septic tank is metal and over 20 years old*or the septic tank(whether metal or not) is structura'ly unsound, exhibits substantial infiltration or exfiltration or tank failure is imminent. System will pass inspection if the existing tank is replaced with a complying septic tank as approved by the Board of Health. *A metal septic tank will pass inspection if it is structurally sound, not leaking and if a Certificate of Compliance indicating that the tank is less than 20 years old is available. ❑ Y ❑ N ❑ ND(Explain below): t5i�p.doc-rev 70W018 Tiff 5 Official Inspection Form Subsurface Sewage Disposal System-Page 2 of 18 L Commonwealth of Massachusetts . I.....T : Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 70 Marston Ave Property Address Marcus Sherman Owner Owner's Name information is Hyannis Ma 02601 3/20/2020 required for every Cityfrown page. State Zip Code Date of Inspection C. Inspection Summary (cont.) 2) System Conditionally Passes (coot:): ❑ Pump Chamber pumps/alarms not operational. System will pass with Board of Health approval if pumps/alarms are repaired. ❑ Observation of sewage backup or break out or high static water level in the distribution box due to broken or obstructed pipe(s)or due to a broken, settled or uneven distribution box.System will pass inspection if(with approval of Board of Health): ❑ broken pipe(s)are replaced ❑ Y ❑ N ❑ ND(Explain below): ❑ obstruction is removed ❑ Y ❑ N ❑ ND(Explain below): ❑ distribution box is leveled or replaced ❑ Y ❑ N ❑ ND(Explain below) ❑ The system required pumping more than 4 times a year due to broken or obstructed pipe(s).The system will pass inspection if(with approval of the Board of Health): ❑ broken pipe(s)are replaced ❑ Y ❑ N ❑ ND(Explain below): ❑ obstruction is removed ❑ Y ❑ N ❑ ND(Explain below): 3) Further Evaluation Is Required by the Board of Health: ❑ Conditions exist which require further evaluation by the Board of Health in order to determine if the system is failing to protect public health, safety or the environment. a. System will pass unless Board of Health determines in accordance with 310 CMR 16.303(1)(b)that the system Is not functioning in a manner which will protect public health;, safety and the environment: twnw.dq•rev..7128r20t8 Tine 5 oftai inspection Form:Su SO=Sewage Disposal System•Page 3 of 18 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 70 Marston Ave Property Address Marcus Sherman _ Owner Owner's Name Information Is H yannis Ma 02601 3/20/2020 required for every page. City/rown state Zip Code Date of Inspection C. Inspection Summary (cunt.) ❑ Cesspool or privy is within 50 feet of a surface water ❑ Cesspool or privy is within 50 feet of a bordering vegetated wetland or a salt marsh b. System will fall unless the Board of health (and Public Water Supplier, If any) determines that the system Is functioning In a manner that protects the public health, safety and environment: ❑ The system has a septic tank and soil absorption system(SAS)and the SAS is within 100 feet of a surface water supply or tributary to a surface water supply. ❑ The system has a septic tank and SAS and the SAS is within a Zone 1 of a public water supply. ❑ The system has a septic tank and SAS and the SAS is within 50 feet of a private water supply well.. ❑ The system has a septic tank and SAS and the SAS is less than 100 feet but 50 feet or more from a private water supply well". Method used to determine distance: *"This system passes if the well water analysis, performed at a DEP certified laboratory, for fecal coliform bacteria indicates absent and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm, provided that no other failure criteria are triggered. A copy of the analysis must be attached to this form. c_ Other- 4) System Failure Criteria Applicable to All Systems: You must indicate"Yes"or"No"to each of the following for all inspections: Yes No ❑ ® Backup of sewage into facility or system component due to overloaded or clogged SAS or cesspool ❑ ® Discharge or ponding of effluent to the surface of the ground or surface waters due to an overloaded or clogged SAS or cesspool t5insp.doc•rev,7/2612018 Title 5 official Inspection Form:Subsurrsw Sewage Disposal System-Page 4 of 18 r ., Commonwealth of Massachusetts Title 5 official Inspection Form -- Subsurface Sewage Disposal System Form-Not for Voluntary Assessments r 70 Marston Ave Property address Marcus Sherman Owner ---._..___...._.._._ .._.._....___ Owner's Name information is required for every Hyannis Ma 02601 3/20/2020 ..Y _ ..._._N. page. City/Town State Zip Code Date of Inspection C. Inspection Summary (cont.) 4) System Failure Criteria Applicable to All Systems: (cant.) Yes No ❑ ® Static liquid level in the distribution box above outlet invert due to an overloaded or clogged SAS or cesspool ❑ ® q p cesspool Liquid depth in is less than 6" below invert or available volume is less than %day flow ❑ ® Required pumping more than 4 times in the last year Nor due to clogged or obstructed pipe(s). Number of times pumped: ❑ Any portion of the SAS, cesspool or privy is below high ground water elevation. ❑ ® Any portion of cesspool or privy is within 100 feet of a surface water supply or tributary to a surface water supply. ❑ ® Any portion of a cesspool or privy is within a Zone 1 of a public water supply well. ❑ ® Any portion of a cesspool or privy is within 50 feet of a private water supply well. ❑ ® Any portion of a cesspool or privy is less than 100 feet but greater than 50 feet from a private water supply well with no acceptable water quality analysis. (This system passes If the well water analysis,performed at a DEP certified laboratory,for fecal coliform bacteria indicates absent and the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm, provided that no other failure criteria are triggered.A copy of the analysis and chain of custody must be attached to this form.) ❑ ® The system is a cesspool serving a facility with a design-flow of 2000 gpd- 10,000 gpd. Q ® The system fails. I have determined that one or more of the above failure criteria exist as described in 310 CMR 15.303, therefore the system fails.The system owner should contact the Board of Health to determine what will be necessary to correct the failure. 5) Large Systems: To be considered a large system the system must serve a facility with a design flow of 10,000 gpd to 15,000 gpd. For large systems,you must indicate either"yes"or"no"to each of the following, in addition to the questions in Section CA. Yes No ❑ ❑ the system is within 400 feet of a surface drinking water supply ❑ ❑ the system is within 200 feet of a tributary to a surface drinking water supply El ❑ the system is located in a nitrogen sensitive area (interim Wellhead Protection. Area-IWPA)or a mapped Zone II of a public water supply well t5insp.doc+rov.1J2 M IS rifle 5 Ultielal Inspection Form Subsiutace Sewage Disposal System-Pap 5 al 18 Commonwealth of Massachusetts Title 5 official Inspection Form t Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 70 Marston Ave ....._ _.. Property Address ,- Marcus Sherman Owner Owner's Name information is Hyannis Ma 02601 3/20/2020 required for every _ page. City/Town State Zip Code Sate of Inspection C. Inspection Summary (cont.) If you have answered"yes"to any question in Section C.5 the system is considered a significant threat, or answered"yes"to any question in Section CA above the large system has failed. The owner or operator of any large system considered a significant threat under Section C.5 or failed under Section CA shall upgrade the system in accordance with 310 CMR 15.304. The system owner should contact the appropriate regional office of the Department. 6. You must Indicate"yes"or"no"for each of the following for aN Inspections: Yes No ® ❑ Pumping information was provided by the owner, occupant, or Board of Health ❑ ® Were any of the system components pumped out in the previous two weeks? ® ❑ Has the system received normal flows in the previous two week period? ❑ ® Have large volumes of water been introduced to the system recently or as part of this inspection? ® ❑ Were as built plans of the system obtained and examined? (If they were not available note as N/A) ® ❑ Was the facility or dwelling inspected for signs of sewage back up? ® ❑ Was the site inspected for signs of break out? ® ❑ Were all system components, excluding the SAS, located on site? ❑ ❑ Were the septic tank manholes uncovered, opened, and the interior of the tank inspected for the condition of the baffles or tees, material of construction, dimensions, depth of liquid, depth of sludge and depth of scum? ® ❑ Was the facility owner(and occupants if different from owner) provided with information on the proper maintenance of subsurface sewage disposal systems? The size and location of the Soil Absorption System(SAS)on the site has been determined based on: ® ❑ Existing information. For example, a plan at the Board of Health_ ® ❑ Determined in the field (if any of the failure criteria related to Part C is at issue approximation of distance is unacceptable) 310 CMR 15.302(5)] t5insp.Coc-rev 7QW01 a rote 5 omvai tnsowton Form Subsurtme Sewage 0"sposal System•Page 6 of 18 -v- Commonwealth of Massachusetts --. Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments w 70 Marston Ave Property address Marcus Sherman Owner Owner's Name information is Hyannis Ma 02601 3/20/2020 required for every page. Cityfrown State Zip Code Date of Inspection D. System Information 1. Residential Flow Conditions: Number of bedrooms(design): Number of bedrooms(actual): 4 DESIGN flow based on 310 CMR 15.203(for example: 110 gpd x#of bedrooms): w Description: Number of current residents: 1 - Does residence have a garbage grinder? ❑ Yes Z No Does residence have a water treatment unit? ❑ Yes 0 No If yes, discharges to: Is laundry on a separate sewage system?(Include laundry system inspection ® Yes ❑. No information in this report.) Laundry system inspected? ❑ Yes 0 No Seasonaluse? ❑ Yes No Water meter readings, if available(last 2 years usage(gpd)): Detail: Sump pump? ❑ Yes Z No Last date of occupancy: current Date 15insp.doc rev.TOW2018 T010 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 7 of 18 % Commonwealth of Massachusetts Title 5 Official Inspection Form 1 Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 70 Marston Ave Property Address Marcus Sherman Owner ownees Name Information is H annis Ma 02601 3/20/2020 required for every y ............... ._....... .. _. .......... page. Cityrrown State Zip Code Date of Inspection D. System Information (cunt.) 2. Commercial/industrial Flow Conditions: Type of Establishment: Design flow(based on 310 CMR 15.203): Gallons per day(gpd) Basis of design flow(seats/persons/sq.ft., etc.): Grease trap present? ❑ Yes ❑ No Water treatment unit present? ❑ Yes ❑ No If yes, discharges to: Industrial waste holding tank present? ❑ Yes ❑ No Non-sanitary waste discharged to the Title 5 system? ❑ Yes ❑ No Water meter readings, if available: - — — Last date of occupancy/use: Date Other(describe below): 3. Pumping Records: Source of information: Was system pumped as part of the inspection? ® Yes ❑ No If yes, volume pumped: 2000+/- m gallons How was quantity pumped determined? guage on truck Reason for pumping: to check structural integrity of cesspools 15insp.don•rev.712812018 Title 5 Official Inspection From Subsurface Sewage Disposal System•Page 8 of 18 R Commonwealth of Massachusetts mn Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 70 Marston Ave Property Address ---__._,.__.___�_...........w..._..-.,_.._..._......_ Marcus Sherman Ownerowner's Name _....._.............. .............__ ..._..._.... ..�.._.._ _ __ _. ..._._.W.___ information is Hyannis Ma 02601 3/20/2020 required for every page, Cityrown State Zip Code Date of Inspection D. System Information (cont.) 4. Type of System: ❑ Septic tank, distribution box, soil absorption system ❑ Single cesspool ❑ Overflow cesspool ❑ Privy ❑ Shared system(yes or no)(if yes, attach previous inspection records, if any) ❑ Innovative/Alternative technology, Attach a copy of the current operation and maintenance contract(to be obtained from system owner)and a copy of latest inspection of the I/A system by system operator under contract ❑ Tight tank. Attach a copy of the DEP approval. Other(describe): 2 block cesspools and precast leach pit in series. Approximate age of all components, date installed(if known)and source of information: cesspools age unknown, precast pit added 1987 Were sewage odors detected when arriving at the site? ❑ Yes ® No 5. Building Sewer(locate on site plan):. Depth below grade: 2 feet Material of construction: ®cast iron ❑40 PVC clay the and orangeburg ®other(explain): Distance from private water supply well or suction line: feet Comments(on condition of joints, venting,evidence of leakage, etc.): 2 separate sewer line run to main cesspool. 1 is clay tile to cast iron and other is orangeburg to cast iron. Both lines were video inspected and found clear. t5insp,doo•rev,7128=1 a Title 5 Official Inspection Form:subsurface Sewage Disposal System•Page 9 of 18 Commonwealth of Massachusetts - - Title 5 official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 70 Marston Ave Property Address Marcus Sherman Owner Owner's Name Information is H annis Ma 02601 3/20/2020 requigered for every City/Town i' State Zip Code Date of Inspection D. System Information (cont.) 6. Septic Tank(locate on site plan): Depth below grade: feet _ _._.._.. _ _.___._....._.__...._......... Material of construction: ❑ concrete ❑ metal ❑fiberglass ❑ polyethylene ❑other(explain) If tank is metal, list age: years Is age confirmed by a Certificate of Compliance? (attach a copy of certificate) ❑ Yes ❑ No Dimensions: Sludge depth: Distance from top of sludge to bottom of outlet tee or baffle Scum thickness Distance from top of scum to top of outlet tee or baffle Distance from bottom of scum to bottom of outlet tee or baffle How were dimensions determined? Comments(on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels as related to outlet invert, evidence of leakage, etc.): t8insp.doc•rev.91 WO18 Tate 6 Official Inepeewn Form:Subsurlaco Sewage Disposal System-page 10 of 18 Commonwealth of Massachusetts - j Title 5 Official Inspection Form _ Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 70 Marston Ave Property Address Marcus Sherman Owner owner's Name information is Hyannis Ma 02601 3/20/2020 required for every page. CityRbwn State Zip Code Date of Inspection D. System Information (cont.) 7. Grease Trap(locate on site plan): Depth below grade: --- - feat Material of construction: ❑concrete ❑ metal ❑fiberglass ❑polyethylene ❑other(explain): ... Dimensions: Scum thickness Distance from top of scum to top of outlet tee or baffle Distance from bottom of scum to bottom of outlet tee or baffle - -- --- - -� —- - Date of last pumping: Date Comments(on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels as related to outlet invert, evidence of leakage, etc.): 8. Tight or Holding Tank(tank must be pumped at time of inspection) (locate on site plan): Depth below grade: Material of construction: ❑concrete ❑ metal ❑ fiberglass ❑ polyethylene ❑other(explain): Dimensions: _..... __ -._ ._...._ Capacity: gallons Design Flow: ga gallons per day dinsp.do rev.712612016 Title 5 Official Inspection Form:Subsurface Sewage Disposal System•Page 11 of 18 Commonwealth of Massachusetts - _ Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments ,- 70 Marston Ave Property Address Marcus Sherman Owner Owner's Name Information Is Hyannis Ma 02601 3/20/2020 required for every page. Cityfrown State Zip Code Date of Inspection D. System Information (cost.) 8. Tight or Holding Tank(cont.) Alarm present: ❑ Yes ❑ No Alarm level: Alarm in working order: ❑ Yes ❑ No Date of last pumping: Date Comments(condition of alarm and float switches, etc.): _. ........._....... _.. ...- - --................................_.........................._.....__..-........................... *Attach copy of current pumping contract(required). Is copy attached? ❑ Yes ❑ No 9. Distribution Box(if present must be opened) (locate on site plan): Depth of liquid level above outlet invert ............................................................... ............._ ......... --._ .-. - ...... - -- - Comments(note if box is level and distribution to outlets equal, any evidence of solids carryover, any evidence of leakage into or out of box, etc.): t5msp.wc-rev.m6aot8 Title 5 Official Inspection Fow Subsurface Sewage Disposal System-Page 12 of 18 Commonwealth of Massachuseti>s! = Title 5 official Inspection Form for Voluntary Subsurface Sewage Disposal System Form-Not f u Lary Assessments K �s 70 Marston Ave Property Address Marcus Sherman -- Owner Owner's Name Information is Hyannis mmw Ma 02601 3/20/2020 required for every — page City/Town State Zip Code Date of Inspection D. System Information (cont.) 10. Pump Chamber(locate on site plan): Pumps in working order: ❑ Yes ❑ NW Alarms in working order. ❑ Yes ❑ No* Comments(note condition of pump chamber,condition of pumps and appurtenances, etc.): If pumps or alarms are not in working order, system is a conditional pass. 11. Soil Absorption System (SAS) (locate on site plan, excavation not required): If SAS not located, explain why: Type: 19 leaching pits number: _..._1x1000..._.._—_.w,_,....,.._.._ ❑ leaching chambers number: ❑ leaching galleries number: ❑ leaching trenches number, length: ❑ leaching fields number, dimensions: ® overflow cesspool number: 1 ❑ innovative/alternative system Type/name of technology: t5inspAtic rev,7012018 Title 5 Ofricial Inspection Form:Subsurface Sewage Disposal System-Page 13 of 18 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 70 Marston Ave Property Address Marcus Sherman Owner Owner's Name information is Hyannis Ma 02601 3/20/2020 required for every page. Cityrrown State Zip Code Date of Inspection D. System Information (cont.) 11. Soil Absorption System(SAS)(cunt.) Comments(note condition of soil, signs of hydraulic failure, level of ponding, damp soil, condition of vegetation, etc.): 6'x6'overflow cesspool was found full to outlet invert. Cesspool has 2 inlets. Cesspool was pumped at time of inspection and was found in good structural condition. Precast pit added 1987 was video inspected and was found dry with a stain line 2'from bottom. 12. Cesspools(cesspool must be pumped as part of inspection) (locate on site plan): Number and configuration 1-- " Depth--top of liquid to inlet invert 6 Depth of solids layer 2' Depth of scum layer 2" __..._................................................ .r.... Dimensions of cesspool 5'x6' Materials of construction cesspool block Indication of groundwater inflow ❑ Yes ® No Comments(note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.): Main cesspool was found with water level at outlet invert. Cesspool was pumped and was found structurally sound. Cesspool has 2 inlets and 1 outlet with PVC tee intact. t5insp.doe-rev.712MI8 Title 5 OHidal Inspection Form,Subsurtaea Sawaga Disposal system•Page 14 of 18 I Commonwealth of Massachusetts Title 5 official Inspection Form Subsurface Sewage Disposal System Form Not for Voluntary Assessments 70 Marston Ave Property Address Marcus Sherman Owner Owner's Name .._�._. ____., _........... - information is required for every Hyannis Ma 02601 3/20/2020 page. City/Town State Zip Code Date of Inspection D. System Information (cant.) 13. Privy(locate on site plan): Materials of construction: Dimensions Depth of solids Comments(note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.): t5insp.dw•rev.7frw=8 Titio 5 Official Inspection Form:Subsurface Sewage Disposal System-Page 15 of 18 Commonwealth of Massachusetts Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 70 Martson Ave Property Address Marcus Sherman Owner Owner's Name --.......................................__ - -__ _ —� information is Hyannis Ma 02601 3/20/2020 required for every y page. CityfTown State Zip Code Date of Inspection D. System Information (cunt.) 14. Sketch Of Sewage Disposal System: Provide a view of the sewage disposal system, including ties to at least two permanent reference landmarks or benchmarks. Locate all wells within 100 feet. Locate where public water supply enters the building. Check one of the boxes below: ® hand-sketch in the area below ❑ drawing attached separately a..CUS �evil, 131 (PST g'L �3 tis t5lnsp.doc•rev.TIY M18 Title 5 Officlal Inspection Farm.Subsurface Sewage Disposal System•Page 16 of 18 Commonwealth of Massachusets Title 5 Official Inspection Form r Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 70 Marston Ave Property Address Marcus Sherman Owner Owner's Name information is required for every Hyannis Ma 02601 3/20/2020 page. Cityrrown State Zip Code Date of inspection — D. System Information (cont.) 15. Site Exam: ❑ Check Slope ❑ Surface water ❑ Check cellar ❑ Shallow wells Estimated depth to high ground water: 12'+ feet Please indicate all methods used to determine the high ground water elevation: ❑ Obtained from system design plans on record If checked, date of design plan reviewed: Dste Observed site(abutting property/observation hole within 150 feet of SAS) ❑ Checked with local Board of Health -explain: ❑ Checked with local excavators, installers- (attach documentation) ❑ Accessed USGS database-explain: You must describe how you established the high ground water elevation: Groundwater was established by accessing town of Barnstable groundwater contour maps. Before filing this Inspection Report,please see Report Completeness Checklist on next page. t5atap.doc•rev,712&r2018 Title 5 OfRetal Inspection Form:Subsurfape Sewage Disposal system-wage I of 18 i Commonwealth of Massachusetts ' Title 5 Official Inspection Form Subsurface Sewage Disposal System Form-Not for Voluntary Assessments 70 Marston Ave Property Address Marcus Sherman Ownerowner's Name __._......._....._....._........._..�..........__.........._........._.__ .._ _ _ _ ._�..___... Information is Hyannis Ma 02601 3/20/2020 required for every — page. Clty/Town State Zip Code Date of Inspection E. Report Completeness Checklist Complete all applicable sections of this form inclusive of: ® A. Inspector Information: Complete all fields in this section. ® B. Certification: Signed & Dated and 1, 2, 3, or 4 checked ® C. Inspection Summary: 1, 2, 3, or 5 completed as appropriate 4(Failure Criteria)and 6(Checklist)completed ® D. System Information: For 8:Tight/Holding Tank—Pumping contract attached For 14: Sketch of Sewage Disposal System drawn on pg. 16 or attached For 15: Explanation of estimated depth to high groundwater included t5imp.ttoc•rev.M6/$01a Title 5 Offirdal Inspection Form Subsurface Sewage Disposal System•Page 18 of 18 TOWN OF BARNSTABLE LOCATION ��j o p� !7 s _SEWAGE # 7-LI 7 VILLAGE ASSESSOR'S MAP & LOT_2.SC , INSTALLER'S NAME Cz PHONE NO.( • � c � ,hCd �0�Lti.c SEPTIC TANK CAPACITY --- LEACHING FACILITY:(type) �� (size) fell NO. OF BEDROOMS PRIVATE WELL OR PUBLIC WATER BUILDER OR OWNER DATE PERMIT ISSUED: DATE .COMPLIANCE ISSUED: '2-�- VARIANCE GRANTED: Yes No L/ �; C� �� 1 � �� o -- - -� � �. (� �� v � �P fff i �� \�J � �� \� �� No...1 Ile 1�1 1�-91i_ .............. FEB.1....�Qft..Q.Q.. THE COMMONWEALTH OF MASSACHUSETTS MAP BOARD OF HEALTH ........TbWn.......... ...........OF.........._Za t rnatale.............................................PARCEL ,--.,-. AOT Appliration for Miplaiial Workii Tinuitrurtion Virutit-- Application is hereby made for a Permit to Construct or Repair X () an Individual Sewage Disposal System at: Arston............. - ------ .................................................................................................. Location-Address or Lot No. Sherman ................................................................................................. .................................................................................................. Owner Address . .............................................................. .................................................................................................. Installer Address Type of Building Size Lot----------------------------Sq. feet U Dwelline—No. of Bedrooms........._.......... ......................Expansion Attic (x Garbage Grinder ( ) Other—Type of Building ............................ No. of persons........_................... Showers Cafeteria ( ) P-1 Other fixtures --------------------------------------------------------------------.................................................................................. Design Flow............................................gallons per person per day. Total daily flow............................................gallons. P4 Septic Tank—Liquid capacity............gallons Length---------------- Width-._.._.---_-__-. Diameter-----__._-_-_-_- Depth_-_._........... Disposal Trench—No..................... Width.................... Total Length........._........_. Total leaching area--------...........sq. ft. Seepage Pit No--------------------- Diameter.................... Depth below inlet.............._..... Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) Percolation Test Results Performed by.......................................................................... Date........................................ ,4 Test Pit No. 1................minutes per inch Depth of Test Pit..............--_-.. Depth to ground water......----_._........--. �_4 44 Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water........................ P4 ............................................................................................................................................................. 0 Description of Soil.... ........................................................................................................................... -----------------------------------*----------------------------*-------------------------------------*----------------------------------------------------------------------*----------------------- ------------------- - - - - - --------------------------------------------------------------------------------------------L........................................................................ U Nature of Repairs or Alterations—Answer when applicable.............. .................................... ........................................................................................................................................................................................................ Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TI 1 TMIE 5 of the State Sanitary Code—The undersigned 'further agrees not to place the system in operation until a Certificate of Compliance has been issued t t oar of health. Signed. ........ ............. .....MR-1kU7....... Date .......... _ Application Approved By..... . ......... . .. ................................................... Zrz_:g........... Date Application Disapproved for the fol 0 ing reasons:................................................................................................................ ......................................................................................................................................................................................................... Date Permit No. Z rl,- L-/ 7 '), .. ......................................... Issued....................................................... Date No .................. Fxs J�4. .... THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH Appliratiou for Disposal Works Tottstro.ctiou Vrrmit Application is hereby made for a Permit to Construct ( '),or Repair j,(;_ ) 'an Individual .Sewage Disposal ttSystem at: i_ Lecat:on-Address or Lot No. ...................... Owner Address ---------••-•----••---•-•-•-- ................................................................................................. Installer Address Type-of Building Size Lot............................Sq. feet Dwelling—No. of Bedrooms______`?..................................Expansion Attic QX ) Garbage Grinder ( ) Other—Type of Building --- a YP g ------•-•------•-------- - No. of persons........................... Showers ( ) — Cafeteria ( ) Otherfixtures --------------------•-••--•---•--••••--•---......----••-----------•--•-------•--••---•-----••-----•---------•-•----•--.............---••-•-•---...... WDesign Flow........................I............._......gallons per person per day. Total daily flow............................................gallons. WSeptic Tank—Liquid capacity_______....gallons Length.............:.. Width.......:........ Diameter---------------- Depth;............ x Disposal Trench—N?o. .................... Width.................... Total Length.................... Total leaching area..............._....sq. ft. Seepage Pit No--_----------------- Diameter.....:..................... Depth below inlet.... Total leaching area..........._:_.._.sq. ft. Z Other Distribution box ( ) Dosing tank ( ) aPercolation Test Results Performed by.......................................................................... Pate.............. Test Pit No. I................minutes per inch Depth of Test Pit.................... Depth to ground water........................ GX4 Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water........................ �t ---------------------------------------------------------•--....------......-•-•----..........•.............................................................. D Description of I �,i'3`'.j v el x ..........................•......_.........._......-•----•--...--•-•-----....--•-••......--•-•---••-.................................................. W UNature of Repairs or Alterations—Answer when applicable._-•-_-_-__ --:i n--i---,---_ -----.__R k�________________•_-_-_--_•---_-•-•__-. . ..-----•------------•.••-------------------------•----•----•------••-•---------•----.....-•--•-----------------•-----------------------------•----------...---------------•---•---•-----•••-•--•-••-•--- Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TI-1-T-LE 41 of the State Sanitary Code—The undersigned further agrees not to place the system in operation until a Certificate of Compliance has been issued>;y thelboard of health./' r -F,* �,,.Fy"�a r i fit' t A:. F .� ;r e i f •� �;,>r., . Signed . :._hid, rt -----..---- •----------------------------- -: Dater Application Approved BY �',- J `� ----••................ . .. Z..-.4�------- Date Application Disapproved for the f o o ing reasons:-----------•-----••------------------------•--------------•--•-•--------------•----•--•-•-•-••-••---••-•••-••... --•------------------------- -------------- ---- ---------------------------------------------------------------------- •-------------------------------------------------- Date PermitNo......................................................... Issued_....................................................... Date THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH .... 1 O F. ,r n:'i 3 r_ Tntifirate of Tomtpliattre THIS IS TO CERTIFY, That the Individual Sewage Disposal System constructed ( ) or Repaired":(;t } e - -•-----•--- --------•----------•----•----•-------••••••-•---•----•-••------••--•---•---••---••-•-•-----•...•••-•---•--------•---•-----•-•-•---••••..........•............... at. i e .;r�" 1,r�� ...tte c s='�_''tar','z.s' - - - Installer - ---------------------•---- has been insmiled in accordance with the provisions of iT"'"E 5 of The State Sanitary Co e as described in the o. application for Disposal Works Construction Permit N � .:.��..�........ dated........ z-.--Z= ) .......... THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUE® AS A GUARANTEE THAT YHE SYSTEM WILL FUNCTION SATISFACTORY. cc�� DATE....................2..-.- a- = 5 2.......................... Inspector............. ..............-.--••-- ZV� THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH r ...........y. ........................OF.............`..................................................................... r, O.?�[.................. FEE...... y v= .... Disposal Works Twotto#rttr#iou rrmtil Permission is hereby granted.....`.'.'...''.=•... '.. to Construct ( }. or Repair '(r' ) an Individual Sewage Disposal System 1 atNo.......................................................................................................•-•------..._............_.._...._...._......_............._.................................. Sireet _ as shown on the application for Disposal Works Construction Permit NoO- ........'•- Dated.. .. ..... L� -`-�i �oard of Health (/ tl DATE..............y--•--••-----•-•------•-•-------•--••-------•-•-••----------------• FORM 1255 HOBBS & WARREN. INC.. PUBLISHERS 7a �i� � q��e _ -� � t c � � � � � � � �� .. � � .� �. � � � � 7 G t RONALD J. CADILLAC,PLS, RS Professional Land Surveyor & Registered Sanitarian P.O. Box 258, West Yarmouth, MA 02673 (508) 775-9700 (800) 520-5591 January 8, 2002 Ms. Donna Miorandi, RS Barnstable Health Department 29 Yarmouth Road Hyannis, MA 02601 Re: 70 Marston Ave., Hyannis Dear Ms. Miorandi: I inspected the stone and condition of a 6' deep precast pit at 70 Marston ' Avenue dug up by the owner, Mr. Marcus Sherman, on October 24, 2001. The pit was found to be in good condition and empty at time of inspection. It looked new in that there was no sludge covering the sand on the bottom, and staining was observed about 2' up from the bottom on its sides. An average of 2.3' of stone was measured around the pit, which calculates as 587 GPD under the 19,78 Code. Mr. Sherman indicated there were two other.septic components (believed to be cesspools) between this pit and the dwelling. Ties were measured to the pit and its location is shown on the attached sheet. Please call with any question. Sincerely, Ronald J. Cad lac, PLS, RS � J- J \ J �l "y V t - 4 1 17 200 ---------------- 1 - � i l� r Barnstable Town of Barnstable Tttr<�o�ti 9CD ; °� Board of Health i 0 D. snRxsrnBt.�. : nb 4 Muss. 200 Main Street,Hyannis MA 02601 r 0 .A1� 2007 _' =f°,'� - Office: 508-862-464'4-- Paul Canniff,D.M.D. FAX: 508-790-6304 Donald A.Guadagnoli,M.D. Junichi Sawayanagi January 8, 2018 I, Sharon Crocker, Administrative Assistant to the Town of Barnstable Public Health Division and to the Board of Health, certify the attached two documemnts are True Attested Copies of the Public Health Division file for 70 Marston Avenue, Hyannis. 1) Letter Dated November 13, 2017 to Marcus Sherman Page: 3 2) Print out of rental database showing property rental registration payments. Page: 1 Sharon Crocker Administrative Assistant/Office Manager Dated: January 8, 2018 TOWN OF BARNSTABL.E Q:\Legal\RECORDS REQUESTS\Certified Records 70 Marstons Ave Hy..doc I OF SHE Tp 'Town of Barnstable Regulatory Services `* &UMST"LE, * Richard Scali,Director Mass. a6 M public Health Division ArED A'1 Thomas McKean,Director 200 Main Street,Hyannis,MA 02601 Officer 508-862-464,1w! Fax: 508-790-6304 .November 13, 2017 Marcus Sherman 70 Marston Avenue West Hyannisport; MA 02672 A lead paint determination was conducted at the home you own at 70 Marston Avenue, Hyannisport,MA. This determination was conducted by Timothy B. O'Connell,R.S., The determination found lead paint in violation of the Lead Law, Massachusetts General Laws, chapter 111, section 197, and the Massachusetts Department of Public Health's (DPH's)Lead Poisoning Prevention and Control Regulations, 105 Code of Massachusetts Regulations(CMR) 460.000. The law requires owners of homes or apartments built before 1978 to have lead paint violations deleaded for full compliance or brought under interim control when a child under six years old lives there. A private risk assessor has to do a risk assessment and give you a lead inspection/risk assessment report before you can go ahead with interim control. A private lead inspector has to do a comprehensive lead inspection and give you a lead inspection report before you can go ahead with deleading for full compliance. If you already have a Letter of Compliance for this property,please complete the last page of the Order to Correct and send it to me within 14 days. The Order that comes with this,letter has important information telling you: • what you have to do • what deadlines to meet a what documents you have to send to this agency y 0 who can do the necessary work • what the penalties are for not meeting the Order's requirements • what your options are if the property has been previously deleaded. Please call me at this office at,(508) 862-4646 as soon as possible to discuss this Order and how to meet it. The following information explains the deleading process, if the property has not been deleaded previously. Hiring a Lead Inspector TOWN OF BARNSTABLE HEALTH To help you take the first step—getting a full inspection or risk assessment—a list of lead' - inspectors is enclosed. We recommend that you check references and make sure that the inspector is still licensed. You can check on the license by calling the state Department of Public Health's Childhood Lead Poisoning Prevention Program(CLPPP)before hiring an inspector.To BOH Cover Revised 1-05 Page 1.of 3 3 get a list of risk assessors for interim control, call CLPPP's central office at 1-800-532-9571. You can also get other helpful materials from CLPPP, including brochures explaining the choices of full compliance deleading and interim control. Again,you can get these by calling CLPPP at the number above or by checking our website at www.state.ma.us/dph/clppp. Requirements for Doine Deleading Work High-risk deleading: If you need to or choose to have high-risk deleading work done, such as having lead paint stripped or scraped,you have to hire a deleading contractor. A list of deleading contractors is also enclosed. Just as in the case of inspectors,we recommend you check references and make sure that the deleader is still licensed. You can check on the license by calling the state Division of Occupational Safety(DOS) at 1-800-425-0004. Moderate-risk deleading: Before you or your agent can do moderate-risk deleading work, such as removing windows and woodwork,you have to take a course,pass it and get an authorization number from CLPPP. These courses are given by a number of groups and organizations at various places,times and prices. For a list of approved moderate risk training providers, call CLPPP at 1-800-532-9571 or check our website(address above). Remember that you still have to meet the deadlines in the Order. If a course for owners to do moderate-risk deleading is not available at a convenient time or place for you to meet the deadlines of this Order, you won't be j able to do moderate-risk deleading work yourself. You then have to use other methods to delead, or hire a licensed lead-safe renovation contractor. To get a list of these contractors, or to check their licenses, call DOS at 1-800-425-0004. Low-risk deleading: Before you or your agent can do only low-risk deleading work, such as covering surfaces,you have to read the CLPPP low-risk booklet,take a self-corrected exam that you send in to CLPPP, and get an authorization number from CLPPP.If you want to encapsulate, you must first have a full lead inspection done on the property and then contact CLPPP to go over your inspection report and discuss surfaces that may be good for encapsulation. If encapsulation is a suitable option,you have to read CLPPP's encapsulation booklet,take a self- corrected exam that you send in to CLPPP, and get an authorization number from CLPPP. To get` - a free copy of the low-risk booklet, or the encapsulation training handbook, call CLPPP at 1-800- 532-9571. Interim control work: If you or your agent will be doing other work for interim control, such as structural repairs and cleaning of leaded-dust, you have to take safety steps and cleanup in the way described in the CLPPP booklet for interim control. To get a copy of this interim control booklet, call CLPPP at the above number. Deleading work has to be carefully done to be safe. To protect the people who live in the home or apartment,you have to keep them out of the home or apartment, or area being worked on, in these ways: • All people and pets have to be temporarily moved from the home or apartment for the whole time that high- or moderate-risk deleading work is taking place inside the home or apartment. You have to provide the residents with a reasonable alternative place to live for this period. People and pets who have been temporarily moved from their home or apartment can only come back after a licensed private lead inspector or licensed private risk assessor says it is safe for them to return. The inspector or risk assessor does this after reinspecting the home, BOH Cover Revised 1-05 TOWN OF BARNSTABLE Page 2 of 3 = HEALTH including taking dust samples to assure that lead dust levels meet approved standards. This reinspection will be done at least three hours after deleading work is all done. • People and pets have to stay out of the work area while you or your agent does most low-risk deleading work or structural repairs or cleaning of lead dust. They also have to stay out of the work area while there's any deleading work in common areas outside the home or apartment, as long as they have another regular way(not a fire escape)to go in and out of the building. In these cases,people and pets can use the area once the work is done in the area and cleaned UP. • People and pets have to stay out of the home or apartment for the workday while you or your agent apply encapsulants with an airless sprayer. They also have to stay out for the day during deleading in common areas when they do not have another regular way(not a fire escape)to go in and out of the building. When people and pets are out of their home or apartment for the day, it means they can come back to the home or apartment after cleanup at the end of the workday, and don't have to be out overnight. All work for deleading and interim control has to be neatly and properly done, in a professional way, and the home or apartment has to be returned to a condition that meets the requirements of the State Sanitary Code. Deleaded surfaces cannot be repainted until after they have passed reinspection by a licensed private lead inspector or risk assessor. You have to give written notice about common area lead paint violations to all other residents of the building. "Notice to Tenants of Lead Paint Hazards" is enclosed for that purpose. You also have to send a copy of the lead inspection report or lead inspection/risk assessment report and any reinspection reports to all mortgagees and lienholders of record. If your property has been previously deleaded,you may be eligible for a 30-day maintenance period. Please fill out the last page of the Order to Correct and return it to me within 14 days to take advantage of this option. If you have questions about the Department of Public Health's Lead Poisoning Prevention and Control Regulations,you can ask me, or call the CLPPP central office (1-800-532-9571 or 617- 284-8400). If you have questions about the Division of Occupational Safety's (DOS)Deleading Regulations, call the DOS central office (1-800-425-0004 or 617-727-7047). Remember to refer to the attached Order for more information about what you have to do.. PER ORDER OF BOARD OF HEALTH Thomas McKean, R.S., CHO Director of Public Health Town of Barnstable Al TOWN OF BARNSTABLE BOH Cover HEALTH Revised 1-05 Page 3 of 3 Edit Parcel -Health Page 1 of 1 ,p r•p p� ��/\)L /�j� `y-��fir_ y�/�C .`�//� (� 4 A I .s/1...�� G_ ..� �V�w'>A.�31� '•��T� ��+Iv�fll \1r'V�JI/V��V�l�a 1 /'f �.4� ^I Health Rentals Town of Barnstable Welcome sotok IT Applications Reports Logout Parcel: 288098 Location: 70 Marston Avenue, Hyannis N ;-Attributes 70 Marston Avenue, Hyannis Parcel: 288098• Update Parcel - Attribute --J As of Date Active i i ... . . ...--_.. . - - -- -- —-- -- � . h ... ---- - - -- --- -— To Add a Payment to Multiple Units select the Payments amount for an Application. Add Application ._ Year Owner Co-Owner Owner Address Owner Representative Units Payments Inspections , / ey 2018 SHERMAN, MARCUS M 70 MARSTON AVE, HYANNIS, MA 02601 1 90.00 Add 2017 SHERMAN, MARCUS M 70 MARSTON AVE, HYANNIS, MA 02601 1 7.50r i 2015 SHERMAN, MARCUS M BOX 458, HYANNIS PORT, MA 02647 1 90.00 fpv� _ ...... Back to List Rentals a.ua =^�3='n:a f y'u D z`^ V/ - r 11'1 http://itvmsgl/HealthRentaUParcel/Edit/209 8 1/5/2018 TOWN OF BARNSTABLE LOCATION_ SEWAGE # -41 7�. VILLAGE 7`" ASSESSOR'S MAP & LOTr INSTALLER'S NAME Si PHONE NO. SEPTIC TANK CAPACITY - - LEACHING FACILITY.-(type)- J��` (sue) i NO. OF BEDROOMS PRIVATE WELL OR PUBLIC WATER�J BUILDER OR OWNER DATE PERMIT ISSUED: DATE ,iC011PLIANCE ISSUED: VARIANCE GRANTED: Yes Now - • -a/� c�o�S✓EGG! 0 O � lL -9h r . Town of Barnstable Regulatory Services �n�rs-rnat.�, NAM ,� Thomas F. Geiler,Director b Public Health Division Thomas McKean, Director 367 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 August 12, 2002 Mr. Marcus Sherman 70 Marstons Avenue Hyannis, MA 02601 RE 70N a3 so sveue Dear Mr. Sherman, The proposal to open a continental breakfast establishment at 70 Marstons Avenue is not considered a change of use according to the Building Division. Therefore, an inspection of the septic system is not required according to the State Environmental Code, Title V. However, Mr. Ronald Cadillac, R.S., inspected the septic systems at this property after being requested to do so by the Zoning Board of Appeals. According to Mr. Cadillac,the main system is comprised of cesspools connected with tees to a leaching pit surrounded by 2.3 feet of stone, with a calculated design capacity of 578 gallons per day. This type of system is capable of handling a maximum of five (5)bedrooms. It was determined today, according to Mr. Cadillac, that the washing machine is connected into a single cesspool. In the future, this cesspool must be replaced with a septic system which fully complies with the State Environmental Code when/if this cesspool malfunctions (fails), or when this property transfers to another owner, or when any additional bedrooms are proposed for construction at this property. At this time, the Public Health Division does not object to the proposal to open a continental breakfast establishment at this property. Sincerely yours, 2s A. McKean,CHO [NOTE: Please be advised that if there are four(4) or more guestrooms, an annual food permit is required from the Board of Health for operation of a continental breakfast establishment.] for compliance with the lead paint abatement then took no responsibility for the enforcement of its own regulations... they push it off on the local jurisdiction. My intent when reading the reg was to see if we could turf the matter back to the Commonwealth and to ask Ruth for some guidance on kicking enforcement their(DEP)way. Having read the regs I see no way of doing that and I agree with Tim that dismissing the district court case and trying to run it through Housing Court at this point would be futile. In light of the following I think we go into district court at the mercy of the ADA and let the chips fall where they may. I would definitely bring a copy of the regs for them...if the case is dismissed it should come as no surprise to us. In the future we will need to start these cases right off in Housing Court. Let me know if you have any other questions or if there is anything I can do to help. Thanks, -Brian Brian Florence, Building Commissioner Building Department I Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4038 Brian.florence@town.barnstable.ma.us From: Anderson, Robin Sent: Monday, July 9, 2018 4:31 PM To: Florence, Brian Cc: O'Connell,Timothy Subject: Marston Ave - Lead Paint Case Brian, Dave Houghton just called Tim concerning the lead paint case. He prepped Tim and noted that Tim has a good handle on the matter but during out meeting last week you indicated that you were going to call Ruth about this matter. The issue being the dilemma with the prosecution (state vs. 15`district DA). Tim has to go to court on Weds. Are you discussing this Ruth or should Tim just proceed and throw himself on the mercy of the DA? Please advise, Robin C.Anderson Zoning Enforcement Officer 200 Main Street Hyannis,MA 026oi 5o8-862-4027 2 O'Connell, Timothy a From: Houghton, David Sent: Tuesday, July 10, 2018 10:12 AM To: O'Connell, Timothy; Florence, Brian;Anderson, Robin Cc: Weil, Ruth Subject: RE: Marston Ave - Lead Paint Case I did do a mock direct and cross with Tim yesterday and I thought he handled well but please don't report as"town counsel prepped me/him" the reaction will be "oh good town counsel can handle then." Just be prepared as I know he will be with the,regs like Brian suggested and his"resume" (in his head not paper), experience,.the circumstances leading up to and then the critical test he performed as the only suitable one. Although the regs may give local inspectors power to enforce these are still state statutes and regulations and as such properly handled by district attorneys IMO. Hope tomorrow goes well. o From: Weil, Ruth Sent: Monday, July 09, 2018 5:04 PM .To: Houghton, David Subject: FW: Marston Ave - Lead Paint Case FYi Ruth J. Weil Town Attorney Town. of Barnstable 367 .Main Street Hyannis, NIA 02601 508-8(24620 (telephone) , 508462-4724 (fax) The information contained in this electronic transmission ("e-mail"),including any attachment (the "Information"), may be confidential.or otherwise exempt.from disclosure. It is for the addressee only. This Information may be privileged and confidential attorney work-product or a privileged and confidential attorney-client communication. The Information may also be deliberative and pre-decisional in.nature. ,41s such,it is for internal use only. The Information may not be disclosed without the prior written consent of the Town.Attorneys Office of the Town of . Barnstable. If you have received this e-mail by mistake.,please notify the sender and delete it from your system. Please do not copy or forward it. Thank you for your cooperation. From: Florence, Brian Sent: Monday, July 9,'2018 5:03 PM To:.Anderson, Robin Cc: O'Connell, Timothy; Weil, Ruth Subject: RE: Marston Ave - Lead Paint Case Hi Robin, As I recall the outcome of our meeting... I asked Tim to send me the lead paint abatement regs. which he did. After reading them I too found that Tim had a good handle on the matter and that everything he said was accurate. Particularly of interest (and distress)to me is the idea that the° Commonwealth wrote a burdensome standard 1 ` ' i The reason for this email to you is because within (105 CMR 460.00) it states that the Lead Determinator (Me) should contact the agency's (Town of Barnstable) attorney (you) prior to initiating any court proceedings. The code states that a criminal complaint should be filed once the first deadline has NOT been achieved. Does The Town of Barnstable legal Department want to assist me in this legal procedure or should I just follow the outline within the Massachusetts Childhood Lead Prevention Program (CLPPP) ? Should this be filed in Barnstable District Court or should this be brought to the Plymouth Housing Court ? I have been told they will hear cases from the Barnstable County. According to (CLPPP) I have seven (7) working days to initiate judicial proceedings. This is a very serious matter to State of Massachusetts and (CLPPP) and I would appreciate your advice and guidance on this matter. I thank You in Advance for Your Time, TIMOTHY B. O'CONNELL, R.S. HEALTH INSPECTOR TOWN OF BARNSTABLE 200 MAIN STREET HYANNIS, MA 02601 508-862-4646 2 O'Connell, Timothy From: Scali, Richard Sent: Monday, January 29, 2018 2:33 PM To: O'Connell, Timothy Subject: RE: 70 Marstons Ave Lead Violation Ok thanks Ruth can decide on the process. I would think we always have some discretion on process. From: O'Connell, Timothy Sent: Monday, January 29, 2018 2:30 PM To: Scali, Richard Subject: RE: 70 Marstons Ave Lead Violation He really did not say if he will comply or not. Although, CLPPP clearly states that "..... . Determinators do not have the flexibility under the regulation to consider"good faith efforts" when deciding whether to start judicial proceedings when an owner fails to meet a deadline, regardless of the reason." From: Scali, Richard Sent: Monday, January 29, 2018 2:21 PM To: O'Connell, Timothy; Weil, Ruth Cc: Anderson, Robin; McKean, Thomas; Florence, Brian Subject: RE: 70 Marstons Ave Lead Violation Thanks Tim for the update.Can you inform us if the owner intends to comply and needs more time to hire a Lead inspector? Or does he not intend to comply before we go through all the steps of court action? Richard From: O'Connell, Timothy Sent: Monday, January 29, 2018 2:14 PM To: Weil, Ruth Cc: Anderson, Robin; McKean, Thomas; Florence, Brian; Scali, Richard Subject: 70 Marstons Ave Lead Violation Hi Ruth, I have performed a lead paint determination on November 13, 2017 at 70 Marston Avenue, Hyannisport, MA. The determination found lead paint in violation of the Lead Law, Massachusetts General Laws, chapter 111, section 197, and the Massachusetts Department of Public Health's (DPH's) Lead Poisoning Prevention and Control Regulations, 105 Code of Massachusetts Regulations (CMR) 460.000. The law requires owners of homes or apartments built before 1978 to have lead paint violations deleaded for full compliance or brought under interim control when a child under six years old lives there. The owner received my certified mail explaining his rights and duties under these laws on November 29, 2017 ( Cert. Mail # 7015 1730 00014990 3066). There are three deadlines the owner must meet: (60) days, (90) day and (120) days which were include in this letter he did receive. The owner is currently in violation of The Massachusetts Regulations for Lead Poisoning and Control (105 CMR 460.00) and its sixty (60) day deadline. This sixty (60) day deadline states that the owner should have hired a private Lead Inspector to conduct full lead inspection. He must also have a signed contract'with a licensed deleader and copies of all these documents must be forwarded to me to meet the sixty (60) day deadline. I have not received these documents and the owner has told me he has not complied via phone conversation this morning. i these documents must be forwarded to me to meet the sixty (60) day deadline. I have not received these documents and the owner has told me he has not complied via phone conversation this morning. The reason for this email to you is because within (105 CMR 460.00) it states that the Lead Determinator (Me) should contact the agency's (Town of Barnstable) attorney (you) prior to initiating any court proceedings. The code states that a criminal complaint should be filed once the first deadline has NOT been achieved. Does The Town of Barnstable legal Department want to assist me in this legal procedure or should I just follow the outline within the Massachusetts Childhood Lead Prevention Program (CLPPP) ? Should this be filed in Barnstable District Court or should this be brought to the Plymouth Housing Court ? I have been told they will hear cases from the Barnstable County. According to (CLPPP) I have seven (7) working days to initiate judicial proceedings. This is a very serious matter to State of Massachusetts and (CLPPP) and I would appreciate your advice and guidance on this matter. I thank You in Advance for Your Time, TIMOTHY B. O'CONNELL, R.S. HEALTH INSPECTOR TOWN OF BARNSTABLE 200 MAIN STREET HYANNIS, MA 02601 508-862-4646 2 O'Connell, Timothy From: Weil, Ruth Sent: Monday, January 29, 2018 2:50 PM To: O'Connell,Timothy Cc: Anderson, Robin; McKean, Thomas; Florence, Brian; Scali, Richard; Houghton, David; McLaughlin, Charles Subject: PRIVILEGED AND CONFIDENTIAL 70 Marstons Ave Lead Violation Thanks,Tim. I will review the below with our staff and get back to you concerning the appropriate approach.This is the first time during my tenure that we have received this sort of request so we will need to get our arms the underlying legal issue and protocols. Can you please provide the citation to the regulation that requires action to be taken within seven business days.Thank you. Best, Ruth Rulb [ Ved Town Attorriey Town of Barnstable 367 .Mai.n Street Hyannis, MA 02601 508-8624620 (telephone) 508-862-4724 (fax) The.information contained in this electronic transmission ("e-mail."), including any attachment (the "Information"), may be confidential or otherwise exempt from disclosure.. It is for the addressee only. This Information may be privileged and confidential attorney work-product or a Privileged and confidential attorney-client communication. The Information may also be deliberative and pre-decisional in nature. As such, it is for internal use only. The Information may,not be disclosed without the prior written consent of the"Town Attorney's Office of the Town of Barnstable. If you have received. this e-mail by nustake, please notify the sender and delete it from your system. Please do not copy or forward it. Thank you for your. cooperation. From: O'Connell, Timothy Sent: Monday, January 29, 2018 2:14 PM To: Weil, Ruth Cc; Anderson, Robin; McKean, Thomas; Florence, Brian; Scali, Richard Subject: 70 Marstons Ave Lead Violation Hi Ruth, I have performed a lead paint determination on November 13, 2017 at 70 Marston Avenue, Hyannisport, MA. The determination found lead paint in violation of the Lead Law, Massachusetts General Laws, chapter 111, section 197, and the Massachusetts Department of Public Health's (DPH's) Lead Poisoning Prevention and Control Regulations, 105 Code of Massachusetts Regulations (CMR) 460.000. The law requires owners of homes or apartments built before 1978 to have lead paint violations deleaded for full compliance or brought under interim control when a child under six years old lives there. The owner received my certified mail explaining his rights and duties under these laws on November 29, 2017 ( Cert. Mail # 7015 1730 00014990 3066). There are three deadlines the owner must meet: (60) days, (90) day and (120) days which were include in this letter he did receive. The owner is currently in violation of The Massachusetts Regulations for Lead Poisoning and Control (105 CMR 460.00) and its sixty (60) day deadline. This sixty (60) day deadline states that the owner should have hired a private Lead Inspector to conduct full lead inspection. He must also have a signed contract with a licensed deleader and copies of all 1 -Brian I Brian Florence, Building Commissioner Building Department I Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4038 Brian.florence@town.barnstable.ma.us From: Anderson, Robin Sent: Monday, July 9, 2018 4:31 PM To: Florence, Brian Cc: O'Connell, Timothy Subject: Marston Ave - Lead Paint Case Brian, Dave Houghton just called Tim concerning the le ad paint case. He prepped Tim and noted that Tim has a good handle on the matter but during out meeting last week you indicated that you were going to call Ruth about this matter. The issue being the dilemma with the prosecution (state vs. 15t district DA). Tim has to go to court on Weds. Are you discussing this Ruth or should Tim just proceed and throw himself on the mercy of the DA? Please advise. dzgbin Robin C.Anderson Zoning Enforcement Officer 200 Main Street Hyannis, MA 026oi 5o8-862-4027 z O'Connell, Timothy From: Florence, Brian Sent: Tuesday,July 10, 2018 9:16 AM To: O'Connell,Timothy; Anderson, Robin Subject: RE: Marston Ave - Lead Paint Case Thanks Tim... if we can support you in any way please let Robin and I know. Thanks, -Brian Brian Florence, Building Commissioner Building Department I Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4038 Brian.florence@town.barnstable.ma.us From: O'Connell, Timothy Sent: Tuesday, July 10, 2018 9:11 AM To: Florence, Brian; Anderson, Robin Subject: RE: Marston Ave - Lead Paint Case Ok...I will go to court Wednesday and do the best I can. From: Florence, Brian Sent: Monday, July 09, 2018 5:03 PM To: Anderson, Robin Cc: O'Connell, Timothy; Weil, Ruth Subject: RE: Marston Ave - Lead Paint Case Hi Robin, As I recall the outcome of our meeting... I asked Tim to send me the lead paint abatement regs. which he did. After reading them I too found that Tim had a good handle on the matter and that everything he said was accurate. Particularly of interest (and distress)to me is the idea that the Commonwealth wrote a burdensome standard for compliance with the lead paint abatement then took no responsibility for the enforcement of its own regulations... they push it off on the local jurisdiction. My intent when reading the reg was to see if we could turf the matter back to the Commonwealth and to ask Ruth for some guidance on kicking enforcement their(DEP)way. Having read the regs I see no way of doing that and I agree with Tim that dismissing the district court case and trying to run it through Housing Court at this point would be futile. In light of the following I think we go into district court at the mercy of the ADA and let the chips fall where they may. I would definitely bring a copy of the regs for them...if the case is dismissed it should come as no surprise to us. In the future we will need to start these cases right off in Housing Court. Let me know if you have any other questions or if there is anything I can do to help. Thanks, 1 O'Connell, Timothy From: Weil, Ruth Sent: Tuesday, January 30, 2018 12:59 PM To: O'Connell, Timothy Cc: Houghton, David; McLaughlin, Charles Subject: RE: PRIVILEGED AND CONFIDENTIAL 70 Marstons Ave Lead Violation Dear Tim: Can you please advise us of the date you believe that the criminal complaint needs to be filed.The three of us are all straight out and the earliest we can review this is Thursday.Thank you. Best, Ruth R.07 J. [Veil Town Attorney Town of Barnstable 367 Main Street Hyannis,M.A 02601 08-8 52-4620 (telepbone) 508-8624724 (lax) The information contained in this electronic transmission ("e-mail"),including any attachment (the "Information"), may be confidential or otherwise exempt from disclosure. It is for the addressee only. This Information may be }privileged and confidential attorney work-product or a privileged and confidential attorney-client communication. The Information may also be deliberative and pre-decisional in nature. As such,it is for internal use. only. The Information may not be disclosed without the prior written consent of the Town Attorney's Office of the'Town of Barnstable. If you have received this e-mail by mistake, please notify the sender and delete it from your system. Please do not copy or forward it. Thank you for your cooperation. From: O'Connell, Timothy Sent: Monday, January 29, 2018 3:02 PM To: Weil, Ruth Cc: Anderson, Robin; McKean, Thomas; Florence, Brian; Scali, Richard; Houghton, David; McLaughlin, Charles Subject: RE: PRIVILEGED AND CONFIDENTIAL 70 Marstons Ave Lead Violation Thanks Ruth for quick reply. In my 11 years I have had about 7-8 of these lead complaints. I have always gained compliance prior to this one. 105 CMR 460.800 Judicial Proceedings(A)Initiation . Is where in the code it States the 7 days deadline From: Weil, Ruth Sent: Monday, January 29, 2018 2:50 PM To: O'Connell, Timothy Cc: Anderson, Robin; McKean,Thomas; Florence, Brian; Scali, Richard; Houghton, David; McLaughlin, Charles Subject: PRIVILEGED AND CONFIDENTIAL 70 Marstons Ave Lead Violation Thanks,Tim. I will review the below with our staff and get back to you concerning the appropriate approach. This is the first time during my tenure that we have received this sort of request so we will need to get our arms the underlying legal issue and protocols. Can you please provide the citation to the regulation that requires action to be taken within seven business days.Thank you. Best, Ruth Ria l)J. Wleil Town Attorney 1 O'Connell, Timothy From: Houghton, David Sent: Wednesday, May 30, 2018 5:23 PM To: O'Connell,Timothy Cc: Weil, Ruth; McLaughlin, Charles Subject: Sherman Marston Ave Lead Paint Criminal Case Dismissal Hello Timothy: Confirming our telephone conference earlier today,you called asking us for help to appear as attorneys in the above. The circumstances are that you attended the 3`d pretrial conference in the case today which was also attended by Mr. Sherman, his attorney Tom Grimer(sp) and ADA Dan Higgins. The outcome was,that a hearing was scheduled for July 11, 2018 on a defense motion to dismiss the complaint the gravamen of which is the defense contention that the wrong lead paint test was used, which you strenuously deny. 0 The gravamen of your call is that in the course of your time over at the district courthouse today for the conference you believe but aren't completely sure that ADA Higgins asked or said both that our office needed to contact him or that our office could contact him if we want to about the upcoming motion and case in general. The two contradict (need to call or call if we want). You said you needed an attorney to assist you. At the moment you have one—ADA Higgins or someone else from the DA's office. You also said you are under pressure from the state to remedy this violation. From your description to me of what happened today and what has happened previously you are pursuing this diligently and cannot guarantee the state or anyone else a final result given there are participants over whom you have no control. Since our office doesn't routinely appear in criminal matters you and I left it that we in the office would review how to proceed in.dealing with the July 11 hearing and DAs and get back to you and I would calendar this for June 20 as a reminder and in the meantime you wouldn't contact the DAs office and if they contacted you you'd discuss with us before responding. You said you don't have any of the motion papers and don't know if they've even been filed yet by the defense so could you send us a copy of any papers you have that show the court criminal docket number so we can monitor. Any questions etc. please contact me. Thank you. 1 . Town of Barnstable 367 Main Street Hyannis,NIA 02601, SO8-862-4620 (telepbonc) 3-08-862-4724 The information contained in this electronic transmission ("e-mail"),inclu.ding any attachment (the "Inforinarion"), may be confidential or otherwise exempt from disclosure. It is for the addressee only. T i s Information may be privileged and confidential attorney work-product or a privileged and confidential attorney-client communication. The Information may also be deliberative and pre-decisional in nature. As such,it is for internal use only... The Information may not be disclosed without the prior written consent of the Town Attorney's Office of the. Town of Barnstable. If you have received this e-maul.by mistake,please notify the sender and delete it from your systern.. Please do not copy, or forward it. Thank you for your cooperation. From: O'Connell, Timothy Sent: Monday, January 29, 2018 2:14 PM To: Weil, Ruth Cc: Anderson, Robin; McKean, Thomas; Florence, Brian; Scali, Richard Subject: 70 Marstons Ave Lead Violation Hi Ruth, I have performed a lead paint determination on November 13, 2017 at 70 Marston Avenue, Hyannisport, MA. The determination found lead paint in violation of the Lead Law, Massachusetts General Laws, chapter 111, section 197, and the Massachusetts Department of Public Health's (DPH's) Lead Poisoning Prevention and Control Regulations, 105 Code of Massachusetts Regulations (CMR) 460.000. The law requires owners of homes or apartments built before 1978 to have lead paint violations deleaded for full compliance or brought under interim control when a child under six years old lives there. - The owner received my certified mail explaining his rights and duties under these laws on November 29, 2017 ( Cert. Mail # 7015 1730 00014990 3066). There are three deadlines the owner must meet: (60) days, (90) day and (120) days which were include in this letter he did receive. The owner is currently in violation of The Massachusetts Regulations for Lead Poisoning and Control (105 CMR 460.00) and its sixty (60) day deadline. This sixty (60) day deadline states that the owner should have hired a private Lead Inspector to conduct full lead inspection. He must also have a signed contract with a licensed deleader and copies of all these documents must be forwarded to me to meet the sixty (60) day deadline. I have not received these documents and the owner has told me he has not complied via phone conversation this morning. The reason for this email to you is because within (105 CMR 460.00) it states that the Lead Determinator (Me) should contact the agency's (Town of Barnstable) attorney (you) prior to initiating any court proceedings. The code states that a criminal complaint should be filed once the first deadline has NOT been achieved. . Does The Town of Barnstable legal Department want to assist me in this legal procedure or should I just follow the outline within the Massachusetts Childhood Lead Prevention Program (CLPPP) ? Should this be filed in Barnstable District Court or should this be brought to the Plymouth Housing Court ? I have been told they will hear cases from the Barnstable County. According to (CLPPP) I have seven (7) working days to initiate judicial proceedings. This is a very serious matter to State of Massachusetts and (CLPPP) and I would appreciate your advice and guidance on this matter. I thank You in Advance for Your Time, TIMOTHY B. O'CONNELL, R.S. 2 HEALTH INSPECTOR TOWN OF BARNSTABLE 200 MAIN STREET HYANNIS, MA 02601 508-862-4646 3 Town of Barnstable �pF THE tp� y�P ti� Building Department Services Building Division + BARNSTABLE, MASS. 04 Brian Florence,Building Commissioner i639• AlED MA'l A 200 Main Street, Hyannis, MA 02601 Office: 508-862-4038 Fax: 508-790-6230 Notice of Zoning Ordinances Violation(s) and Order to Cease, Desist and Abate: Marcus M Sherman and all persons having notice of this order. As owner/occupant of the premises/structure located at 70 Marston Ave, Hyannis, MA 02601 Map 288 Parcel 098,you are hereby notified that you are in violation of the Town of Barnstable Zoning Ordinances and are ORDERED this date,Nov. 30, 2017 to: 1. CEASE AND DESIST IMMEDIATELY,all functions connected with this violation on or at the above mentioned premises. SUMMARY OF VIOLATION: Violation of Town of Barnstable Zoning Ordinances: Chapter 240 Section 11 A (1) RB Residential Single-family District 2. COMMENCE immediately, action to abate this violation. SUMMARY OF ACTION TO ABATE: Operation of an unlicensed rooming house . Remedy: Immediately advise all tenants and occupants of this order and provide proper notice quit to all non-related occupants including information on pending lead paint determination. Obtain appropriate zoning relief and required license necessary to operate a rooming house once the lead paint matter has been definitely resolved in accordance with state requirements and And, if aggrieved by this notice and order,to show cause as to why you should not be required to do so, by filing an appeal with the Town Clerk of Barnstable,a Notice of Appeal (specifying the ground thereof) within thirty(30)days of the receipt of this order(in accordance with Chapter 40A Section 15 of the Massachusetts General Laws). If,at the expiration of the time allowed, action to abate this violation has not commenced, further action as the law requires will be taken. y rder, Robin C.Anderson Zoning Enforcement Officer Q/FORMS/viozonel EVE Town of Barnstable "T°�� Regulatory Services { Y - * BARNSTABLE, v MASS. Richard Scali, Director 1639. prEDMA'�A Public Health Division Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 LEAD DETERMINATION REPORT FORM Date of Determination: i f—�.7 j T Inspector: j i K o k, 1 o NrV e License 3 'Method Used Sodium Sulfide Expiration date: 1 — —1 X-Ray Fluorescence Model: Serial#: L-0 7 - FT Property Address: LJ-e &_AYVIS Pof Description of Property: Single family �dlulti-family #units Garage Fence Qther structures Age of Property: Pre-1978 479C, Post-1978 Occupant: Occupants un er six ear of age: DOB: 5 P-G DOB: " DOB: Occupant's Telephone: 5 c, '360 Property Owner(s): Mk. r Cv S `,,ln.P_ r vw _ Owner's Address: Kcw4opj ✓ — &iik 14 5 M 6 Y Owner's Telephone: SO o2c1 3 7 Lead Hazards found? Yes No. An X-ray fluorescence reading greater than 1.0 mg/cm2 or a gray or black reaction to sodium sulfide indicates a dangerous level of lead and constitutes a positive determination. Deleading should not be undertaken based on this report. A licensed lead inspector must do a full inspection in order for you to qualify for a Compliance Letter. Deleading of lead painted surfaces must be performed by an appropriately authorized person, including a licensed deleading contractor, a licensed lead-safe renovator, and an owner/agent who is trained to perform specific work as required under the Lead Law. Contact the Childhood Lead Poisoning Prevention Program for additional information regarding deleading and training. BOH Determ Form Revised 1-05 Page 1 of 2 l !i LOCATION SOURCE Pb r - -- I C,� "1 r S„Q,Q S 1. � � 2. c 3. 4. � 5. 6. �� i pd5 8. \ 9. 10. 11. 12. 13. 14. 15. ✓ 16. 17. 18. 19. 20. 21. 22. 23. 24, 25. BOH Determ Form Revised 1-05 Page 2 of 2 the Crommonbiealtb of�as�aclyu.�ett� � OFFICE OF 77iE'DISTRICT ATTORNEY CAPE 81 ISLANDS DISTRICT i JOHN C. MOONEY ASSISTANT DISTRICT ATTORNEY 3231 MAIN STREET �r PO Box 455 TEL: 508-362-8113 BARNSTABLE,MA 02630 FAX: 508-362-8221_e� po„ mop � john.mooney@massmaIl.state.ma.us Thomas M. Grimmer,Esq. Attorney At Law SEMPER FI (508) 790-4050 , (508) 364-6419 149 Main Street Hyannis,MA 02601 Fax:508-790-4060 tgrimmer@verizon.net k .4 GE DA 'th Agents Coalition Meeting June 29, 2018 :ty Courthouse Complex -irborview Conference Room ;. t, Barnstable, MA 02630 a et ,Qy! gq } h1 b V rj fvc-- � F 2 s Y , TV ® Complete items�1,2,and 3. A. Sig r m Print your name and address on the reverse X a [3 Agent so that we can return the card to you. ❑Addressee ® Attach this card to the back of the mailpiece, B. Rec ' ed by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 11 ❑Yes S M IA- If YES,enter delivery add below: ❑No 0 II I�IIIDI IBI ICI I II II II I I I IIIiI I IIII II IIII(III 3. Service Type ; t ❑priority Mail Express® ❑Adult Signature ❑Registered Mailrm ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 1933 6123 1430 31 ❑4rtifled Mail® Delivery C�/Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise o.�n.tt�ia_nI imher__ffransfer_from_service_label) ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation TM —)jred Mail ❑Signature Confirmation 7015 ,1730 0001 4990 3066 Lred Mail Restricted Delivery Restricted Delivery '-r$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 1 Domestic Return Receipt i USPS TRACIONG# First-Class Mail Postage&Fees Paid USPS Permit No.G-10 9590 9402 1933 6123 1430 31 United States •Sender: Please print your name,address,and ZIP+4®in this box* Postal Service y i Town of Barnstable Health Department 11 00 Main Street Rvannis.MA 02601 I Law Office of • JEFFERY JOHNSON,ESQUIRE 67 School Street P.O.Box 960 Hyannis,MA 02601 jell@jefferyjohnsonesq.com �V (508)790-5776 Telephone S' (508)775-1945 Facsimile r> May 4, 2018 1 Civil.Clerk Barnstable District Court P.O. Box 427 ' Barnstable,MA 02630 Re: Commonwealth of Massachusetts vs. Marcus A. Sherman No. 1825CR000320 Dear Sir/Madatn: Enclosed please find Notice of Filing of Bankruptcy Petition and my Certificate of Service to be filed in the above-captioned matter. Your attention to this matter is appreciated. Sincerely, . Jeffery Johnson JJ/wlj Enc. cc: Marcus A Sherman Daterrime Printed: 02-09-2018 11:00:59 Revised:07/16 CRIMINAL COMPLAINT DOCKET NUMBER NO.OF COUNTS Trial Court of Massachusetts '; POLICE COPY 1825CR000320 2 District Court Department DEFENDANT NAME&ADDRESS COURT NAME&ADDRESS Barnstable District Court P.O. Box 427 Barnstable, MA 02630 (508)375-6778 DEFENDANT DOB COMPLAINT ISSUED DATE OF OFFENSE ARREST DATE 08/05/1947 02/09/2018 01/28/2018 OFFENSE CITY/TOWN OFFENSE ADDRESS NEXT EVENT DATE&TIME Barnstable 03/1 5/201 8 09:00 AM POLICE DEPARTMENT POLICE INCIDENT NUMBER NEXT SCHEDULED EVENT Barnstable PD Arraignment OBTN PCF NUMBER DEFENDANT XREF ID ROOM/SESSION 1280847 5624384 Criminal Main Session The undersigned complainant, on behalf of the Commonwealth, on oath complains that on the date(s) indicated below the defendant committed the offense(s) listed below and on any attached pages. COUNT CODE DESCRIPTION 1 111/197/A LEAD PAINT ABATEMENT ORDER,FAIL OBEY c111 §197 On 01/2 812 0 1 8,being the owner of a premises located at 70 MARSTONS AVE,HYANNISPORT,MA 02647 in which a child under six years of age resided, :did fail to abate or contain paint,plaster,or other accessible structural material on such premises containing dangerous levels of lead,in accordance with the requirements of G.L.c.111,§197(b)or(c),after having been ordered to do so by the Director of Lead Poisoning Control of the Massachusetts Department of Public Health,or the local Board of Health or other code enforcement agency,or the local housing inspection agency,in violation of G.L.c.111,§197. :PENALTY pursuant to§198 from§127A and 105 Code Mass.Regs.§460.190(A(1 for each day of noncompliance:not less than$10,not more than$500. 2 111/197/A LEAD PAINT ABATEMENT ORDER,FAIL OBEY c111 §197 On 01/28/2018,being the owner of a premises located at 70 MARSTONS AVE,HYANN]SPORT,MA 02647 in which a child under six years of age resided, :did fail to abate or contain paint,plaster,or other accessible structural material on such premises containing dangerous levels of lead,in accordance with the .requirements of G.L.c.111,§197(b)or(c),after having been ordered to do so by the Director of Lead Poisoning Control of the Massachusetts Department of :Public Health,or the local Board of Health or other code enforcement agency,or the local housing inspection agency,in violation of G.L.c.111,§197. I PENALTY pursuant to§198 from§127A and 105 Code Mass.Regs.§460.190(A(1 for each day of noncompliance:not less than$10,not more than$500. I I I i ` I i I i • I • i SIGNATURE OF COMPLAINANT SWORN TO BEFORE CLERK-MAGISTRATE/ASST.CLERK/DEP.ASST,CLERK DATE X X NAME OF COMPLAINANT A TRUE. CLERK-MAGISTRATE/ASST.CLERK DATE COPY ATTEST'�> g v ' Notice to Defendant:42 U.S.C. §3796gg-4(e)requires this notice:If you are convicted of a misdemeanor crime of domestic violence you may be prohibited permanently from purchasing and/or possessing a firearm and/or ammunition pursuant to 18 U.S.C. §922(g) (9)and other applicable related Federal, State, or local laws. F � o11(C� 7 �� i ti i ' C- 64 - III - ►� �3 Citizen Web Request Page 1 of 3 imp - fw F` ,'a^x14! AtA55 dd Tuesday, March 26 2019 Application Center Logged In As: oconnelt Citizen Request Management I_oaoff Route to Users search Requests Create Requests t Request Information Request ID: 59163 Created: 10/31/2017 9:42:00 AM Status: Assigned To Staff Assigned To: O'Connell,Timothy Health Office Anonymous: Yes Request Category: Chapter II : Housing Substandard edit Routine work: No Estimate: No edit Date scheduled: edit Estimated 11/14/2017 Change Estimated 29 November 2017 Dec Completion Completion Dater Date: Sun Mon Tue Wed Thu Fri Sat 29 30 31 1 2 3 4 5 6 7 8 9 10 Li12 13 14 15 16 17 18 19 22 23 24 25 26 29 3011124 3 6 7 8 9 Created By: Tripp,Vanessa Priority: Medium edit Health Office Citation Numbers: edit Requestor Information Requestor Request DETAILS: LOCATION: 70 MARSTON AVENUE Hyannis, Ma 02601 Request Parcel Number Map: 288 Block: Lot: 000 Lead with child under six years old Parcel Lookup Email: Edit Requestor Information Track Request Progress https://itsgldb.town.barnstable.ma.us/CitizenRequest/WRequest.aspx?ID=59163 3/26/2019 Citizen Web Request Page 2 of 3 Request Work History: Internal Note History: Entered on 11/14/2017 7:55:01 AM System entry on 10/31/2017 9:42:00 AM: by O'Connell,Timothy Assigned to Parziale,Jim Lead determined to be present within dwelling - on 11-14-17. CLPPP procedures will be followed. System entry on 11/1/2017 12:25:45 PM: update delete Assigned to O'Connell,Timothy Entered on 11/15/2017 3:35:49 PM by O'Connell,Timothy Order sent to owner, occupant and CLPPP uodate delete Entered on 2/6/2018 8:34:55 AM by O'Connell,Timothy Owner has not complied with 60 day order. Criminal compliant has been filed at Barnstable District court. uodate delete Enter work progress: Enter internal note: (Viewed by everybody) (Viewed internally only) Spell Check Spell Check Add document or image link: Browse... * You can also type in a folder name to see everything in the folder Current Links: Time worked on request: 1.00 j Response time: 1.00 *Time entries are in hours. Examples of time entries: 1.25, 0.5, 0.75, 1, 3.5, 0.25, 0.10 * Response time: Measured from the creation date to your first actions on the request. * Do not include nights, weekends,and holidays in response time for most departments. *Save Changes El Check to notify town employee below to review this request. O Save changes and notify Health Office citizen* -- OClose request Bellaire, Dianna _ OClose request and notify citizen* Brief message to reviewer: *notify works if email address was given https:Hitsgldb.town.barnstable.ma.us/CitizenRequest/WRequest.aspx?ID=59163 3/26/2019 ' 'CNizen Web Request Page 3 of 3 Update V � Public Use: Print r Friendlv Version Internal Use:Printer Friendly Version Spell Check https:Hitsgldb.town.barnstable.ma.us/CitizenRequest/WRequest.aspx?ID=59163 3/26/2019 Date: April 25, 2019 To: Building File From: Robin Anderson Re: Marcus Sherman Lead Paint Case Locus: 70 Marstons Ave, Hyannis This case involves a single family dwelling constructed in 1786 containing 4 bedrooms and 2 baths. The property owner, Marcus Sherman continually rented rooms to 2 or 3 tenants in recent years. In the fall of 2017, a tenant/landlord dispute resulted in a request for a lead determination by Benjamin Ashley. The inspectors found Mr. Ashley and his significant other with a child less than 6 months old in a first floor bedroom. They claimed that Mr. Sherman began some minor interior construction. He opened up a common wall between a living room and the subject tenant's bathroom with the intention to provide community access. This area had been previously and exclusively accessed by the Ashely family. The inspectors did note evidence was found of the work they described. Tim O'Connell, Health Inspector and Licensed Lead Determinator obtained a fresh test kit from the state and retuned a few days later. The determination process requires testing 20 locations unless one is positive and then only 5 sites are , necessary to test. Tim tested 5 locations and noted that all five were positive. Based on these results, the property owner is required to hire a lead inspector and proceed with abatement as outlined in the Childhood Lead Poisoning Prevention Program (CLIPS). There are multiple deadlines to meet for further testing and also for the abatement program that assists homeowners with related expenses. Mr. Sherman was properly noticed by certified mail and refused to comply. He also failed to meet any of the identified deadlines. His noncompliance resulted in the prescribed enforcement action later to include informal mediation sessions. Ultimately, after multiple pre-trial hearings, the trial was scheduled for the morning of 4/24/19. Health Inspector Tim O'Connell and I appeared at 1st District Court and waited for the case to be called. Attorney Grimmer represented Mr. Sherman who was in fact present on this occasion. Subsequently, we met with Assistant District Attorney John Mooney (508-362- 8113) who was assigned to assist us with the case. When he inquired about our ultimate goal, I informed him it was simply to obtain compliance. As all parties recognized this to be unlikely, we discussed alternative solutions including fines. We also discussed in length the charges and the state mandates. Tim was prepped as the prosecution's witness and ADA Mooney was provided with the specification requirements of the lead paint program pertaining to the process, determination tests and related governing regulations. Later in the morning, ADA Mike Giardino advised us that ADA Mooney had been reassigned a trial that may result in immediate incarceration. As such, ADA Giardino would handle our case instead. He suggested a couple of options; 1) continue the matter to a later date, 2) a guilty plea and $150.00 fine, 3) Continued without a finding for one year but admitting to a series of material facts. ADA Giardino advised he would pursue the guilty plea and asked how we wanted to proceed. I stated that we wanted to conclude this case today. A guilty plea with admission to the facts would be acceptable. (A copy of the agreement outlining the material facts could be recorded against the property record at the Registry of Deeds thus ensuring that the lead paint abatement requirement would be on record for subsequent buyers.) Once before the judge, Mr. Sherman finally admitted to the necessary material facts and plead guilty. He was assessed $150.00 for two counts* totaling $300.00. He must pay in full within 6 months. The judge admonished him and stated that failure to satisfy the debt will result in an arrest warrant. *The two counts correspond to language in the lead regulations that identify offenses as 1) failure to abate, and 2) being the owner of a property with lead paint present. O'Connell, Timothy From: Correia,Avelina (DLS) <avelina.correia@state.ma.us> Sent: Friday, December 01, 2017 7:39 AM To: O'Connell, Timothy Subject: RE: Permit/Application:TB-17-3934 at 70 MARSTON AVENUE, HYANNIS for Building - Alteration INTERIOR Work Only- Residential I went by the site but Mr.Sherman was not very cooperative and only spoke with me from the second floor window. He stated that he was being harassed and that the tenant was not paying rent. I did leave information with a woman that opened the door. The work has stopped at this time but he didn't want to listen to what I had to explain to him. Avelina Correia Industrial Safety and Health Inspector Investigations and Enforcement Unit Department of Labor Standards 1213 Purchase St., 2"d Floor, New Bedford, MA 02740 Tel: (617) 626-5557 Fax: (508)984-3562 Email: avelina.correia@state.ma.us Website: http://www.mass.gov/dols or www.mass.gov/leadsafe From: O'Connell, Timothy [mailto:Timothy.00onnellC&town.barnstable.ma.us] Sent: Tuesday, November 28, 2017 3:07 PM To: Correia, Avelina (EOL) Subject: RE: Permit/Application: TB-17-3934 at 70 MARSTON AVENUE, HYANNIS for Building -Alteration INTERIOR Work Only - Residential No problem. Let me know how your site visit goes and if you need any more assistance. TIMOTHY B. O'CONNELL, R.S. HEALTH INSPECTOR TOWN OF BARNSTABLE 200 MAIN STREET HYANNIS, MA 02601 508-862-4646 From: Correia, Avelina (DLS) [mailto:avelina.correia@state.ma.us] Sent: Tuesday, November 28, 2017 3:01 PM To: O'Connell, Timothy Subject: RE: Permit/Application: TB-17-3934 at 70 MARSTON AVENUE, HYANNIS for Building -Alteration INTERIOR Work Only - Residential Thank you! Avelina Correia Industrial Safety and Health Inspector 1 r Investigations and Enforcement Unit Department of Labor Standards 1213 Purchase St., 2"d Floor, New Bedford, MA 02740 Tel: (617) 626-5557 Fax: (508) 984-3562 Email: avelina.correia@state.ma.us Website: http://www.mass.gov/dols or www.mass.gov/leadsafe From: O'Connell,Timothy [mailto:Timothy.00onnell@town.barnstable.ma.us] Sent: Tuesday, November 28, 2017 3:00 PM To: Correia, Avelina (EOL) Subject: FW: Permit/Application: TB-17-3934 at 70 MARSTON AVENUE, HYANNIS for Building -Alteration INTERIOR Work Only - Residential From: Florence, Brian Sent: Wednesday, November 22, 2017 1:10 PM To: 'marcus334@gmail.com' Cc: O'Connell, Timothy; Lauzon, Jeffrey; McKean, Thomas Subject: Permit/Application: TB-17-3934 at 70 MARSTON AVENUE, HYANNIS for Building -Alteration INTERIOR Work Only - Residential Mr. Sherman, I have been advised by the Town of Barnstable Health Department, Health Agent Tim O'Connell, that they have revoked their sign-off of building permit TB-17-3934 due to a concern related to lead paint. Building permit applications require health department sign-off in order for a permit to be issued: 780 CMR Chapter 51 § R110.1 which requires compliance with specialized codes. Please be advised that building permit TB-17-3934 is hereby suspended in accordance with 780 CMR the Massachusetts State Building Code, Chapter 51 § R105.6 which reads: The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or is in violation of any ordinance or regulation[emphasis added]or any of the provisions of this code. The building permit is suspended until such time as the Health Department is able to sign-off on the previously approved permit application. Until then, no construction work is authorize or permitted on the site. Once the health department sign-off is reinstated they will notify me and I will release the permit from suspension without the need for further documentation or fees. Please feel free to contact me if you have any questions. And, if aggrieved by this notice and order; to show cause as to why your permit should not be suspended,you may file a Notice of Appeal (specifying the grounds thereof)with the State Building Code Appeals Board within (45) days of the receipt of this order and in accordance with MGL c. 143 § 100. Please be advised that further action as the law requires may be taken for non-compliance with this order. By Order, Brian Florence, Building Commissioner Building Department I Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4038 2 Brian.florence@town.barnstable.ma.us 3 i ' Marcus Sherman Lead Case 1 Time Line • On 11-9-17 a Request for a Lead determination at 70 Marstons Avenue, Hyannisport, MA. Was requested. Resident (Ben Ashley) of said address requested Barnstable Health Division to Test for Lead due to the fact his child I (Nigel Ashley/ DOB-5-26-17) lived with him in a dwelling unit that was built on or before 1978 and he,-is-under-the-age of six years old. • On 11-13-17 Timothy O'Connell, R.S. ( Mass. Certified Lead Determinator Lic# D3796) conducted lead determination after occupant filled out Request for Determination form. Enclosed with other documents. Conducted lead determination using 6%Sodium Sulfide in accordance to 105 CMR 460.r40: 7. Testing Methods. (Lot#092717) Exp. da+e 1-27-18. Followed the Massachusetts State (CLPPP) protocol and tested,5 different surfaces and all tested positive for lead. See Determination report enclosed. P p • On 11-13-18 prepared notice to abate Lead violations letter and all other documents required by CLPPP and'sent to the owner via certified mail in accordance to 105 CMR 460.750: Notice of results. (Cert. Mail#7015 1730 00014990 3066). Documents enclosed. Marcus Sherman signed for documents via certified mail on 11-29-17 @ 2:33 pm. • On 1-28-18 owner in violation of the first deadline. See Notice to Abate Letter enclosed. • 105 CMR 460.800 (A)Judicial Proceedings Initiation: states that once dead line is missed judicial proceedings must be filed against home owner within (7) days. • On 2-9-18 Criminal Complaint filed by me in Barnstable District Court. • On 3-15-18 Mr. Sherman was arraigned in Barnstable District Court. I was not present and assume he pled not guilty. • On 4-19-18 15Y pre-trial Conference and. Mr. Sherman was late and ADA Mike Giardino continued it to a date to be determined later. • On 5-9-18 2nd pre-trial Conference with ADA Dana White. Continued to later date due to the fact Mr. Sherman's Lawyer had a medical issue. , • On 5-30-18 3`d Pre-trial Conference with ADA Dana Higgins. I explained to Mr. Higgins that The Town of Barnstable Health Division and The State of Massachusetts CLPPP want the house de-leaded and/or fines imposed. • Mr. Sherman, with his lawyer Tom Grimmer retorted to the ADA that that a motion to dismiss this case should be imposed. This was due to Mr. Sherman's letter which claims my lead determination was done with improper,testing material. • Mr. Sherman also states there was not a child living within the house "on the date of Notice to Abate Violations." This is not true. Child was present on day of test and according to father the family occupied house until January 21, 2018. 0 r t Town of Barnstable Regulatory Services Richard Scali,Director • BARNSTABM ,"�: ,� Public Health Division ffDN`p�A Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 REQUEST FOR DETERMINATION OF LEAD HAZARDS AND ENFORCEMENT OF THE LEAD LAW Date: 13 201-7 I, i(1 , request the PN �`f Department print name of occ pant of Public Health to inspect my residence or dwelli ng unit for lead paint. q� The address of this residence or unit: ® 1 trS , 104 OW61 Street and Apartment umber GPY7n rs dZ(eG , Massachusetts. City or Town Zip code The telephone number to reach me there is: 73 0 ` 5; Phone Number The child(ren)under the age of six (6) years who reside(s) in this household is/are: Q. Was the residence built before 1978? Yes No -k I understand that the lead determination requested may include all rooms of the dwelling unit or residential premises, common areas,porches and accessible exterior areas, as well as other buildings within the property lines. I further understand that if there is a child under six(6)years of age in residence, and the determination hereby requested identifies lead hazards in violation of Massachusetts 1 BOH Reauest for Determination Revised 11/04 • General Laws, chapter 111, section 197, and Regulations for Lead Poisoning Prevention and Control, 105 Code of Massachusetts Regulations 460.110 and .750, such violations must be either deleaded for full compliance, or the unit must be brought under interim control, at the property owner's expense. The property owner must correct all violations,whether for full compliance or interim control,within 120 days of the receipt of an Order to Correct Violations. The property owner must also submit within 60 days of the receipt of such an Order, a copy of a signed contract with a licensed deleader, if one will be necessary for the required work. If the owner or his/her agent is going to perform owner/agent deleading work, the owner must also submit a special form within 60 days. If the owner fails to comply with the Order to Correct Violations, the Health Department shall initiate judicial proceedings against the owner to'�' enforce the Order. The Massachusetts Department of Public Health's Childhood Lead Poisoning Prevention Program conducts random audits of inspections conducted by private inspectors and risk assessments conducted by private risk assessors following lead determinations. Such monitoring is performed to assure the quality of services being provided to the public. By requesting this determination, you agree to allow CLPPP access to your residential premises or dwelling unit after the initial determination and prior to your returning once any deleading,whether for full compliance or interim control, is completed. Not all private inspections or private risk assessments will be audited, so you may not hear from CLPPP requesting access for these additional visits. Signature of Occupant 2 BOH Request for Determination Revised 11/04 Town of Barnstable Regulatory Services BARNSTABLE, ► Richard Scali,Director 9 MASS. 4, 1639* A Public Health Division A�FD MA'1 Thomas McKean,Director 200 Main Street,Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 November 13, 2017 Marcus Sherman 70 Marston Avenue West Hyannisport, MA 02672 A lead paint determination was conducted at the home you own at 70 Marston Avenue, Hyannisport, MA. This determination was conducted by Timothy B. O'Connell, R.S., The determination found lead paint in violation of the Lead Law, Massachusetts General Laws, chapter 111, section 197, and the Massachusetts Department of Public Health's (DPH's)Lead Poisoning Prevention and Control Regulations, 105 Code of Massachusetts Regulations(CMR) 460.000. The law requires owners of homes or apartments built before 1978 to have lead paint violations deleaded for full compliance or brought under interim control when a child under six years old lives there. A private risk assessor has to do a risk assessment and give you a lead inspection/risk assessment report before you can go ahead with interim control. A private lead inspector has to do a comprehensive lead inspection and give you a lead inspection report before you can go ahead with deleading for full compliance. If you already have a Letter of Compliance for this property, please complete the last page of the Order to Correct and send it to me within 14 days. The Order that comes with this letter has important information telling you: • what you have to do • what deadlines to meet • what documents you have to send to this agency • who can do the necessary work • what the penalties are for not meeting the Order's requirements • what your options are if the property has been previously deleaded. Please call me at this office at(508) 862-4646 as soon as possible to discuss this Order and how to meet it. The following information explains the deleading process, if the property has not been deleaded previously. Hiring a Lead Inspector To help you take the first step—getting a full inspection or risk assessment—a list of lead inspectors is enclosed. We recommend that you check references and make sure that the inspector is still licensed. You can check on the license by calling the state Department of Public Health's Childhood Lead Poisoning Prevention Program(CLPPP) before hiring an inspector. To BOH Cover Revised 1-05 Page I of 3 r Lget a list of risk assessors for interim control, call CLPPP's central office at 1-800-532-9571. You can also get other helpful materials from CLPPP, including brochures explaining the choices of full compliance deleading and interim control. Again, you can get these by calling CLPPP at the number above or by checking our website at www.state.ma.us/dph/clppp. Requirements for Doing Deleading Work High-risk deleading: If you need to or choose to have high-risk deleading work done, such as having lead paint stripped or scraped,you have to hire a deleading contractor. A list of deleading contractors is also enclosed. Just as in the case of inspectors, we recommend you check references and make sure that the deleader is still licensed. You can check on the license by calling the state Division of Occupational Safety(DOS) at 1-800-425-0004. Moderate-risk deleading: Before you or your agent can do moderate-risk deleading work, such as removing windows and woodwork, you have to take a course,pass it and get an authorization number from CLPPP. These courses are given by a number of groups and organizations at various places,times and prices. For a list of approved moderate risk training providers, call CLPPP at 1-800-532-9571 or check our website (address above). Remember that you still have to meet the deadlines in the Order. If a course for owners to do moderate-risk deleading is not available at a convenient time or place for you to meet the deadlines of this Order, you won't be able to do moderate-risk deleading work yourself. You then have to use other methods to delead, or hire a licensed lead-safe renovation contractor. To get a list of these contractors, or to check their licenses, call DOS at 1-800-425-0004. Low-risk deleading: Before you or your agent can do only low-risk deleading work, such as covering surfaces,you have to read the CLPPP low-risk booklet,take a self-corrected exam that you send in to CLPPP, and get an authorization number from CLPPP. If you want to encapsulate, you must first have a full lead inspection done on the property and then contact CLPPP to go over your inspection report and discuss surfaces that may be good for encapsulation. If encapsulation is a suitable option,you have to read CLPPP's encapsulation booklet, take a self- corrected exam that you send in to CLPPP, and get an authorization number from CLPPP. To get . a free copy of the low-risk booklet, or the encapsulation training handbook, call CLPPP at 1-800- 532-9571. Interim control work: If you or your agent will be doing other work for interim control, such as structural repairs and cleaning of leaded dust,you have to take safety steps and clean up in the way described in the CLPPP booklet for interim control. To get a copy of this interim control booklet, call CLPPP at the above number. Deleading work has to be carefully done to be safe. To protect the people who live in the home or apartment, you have to keep them out of the home or apartment, or area being worked on, in these ways: • All people and pets have to be temporarily moved from the home or apartment for the whole time that high- or moderate-risk deleading work is taking place inside the home or apartment. You have to provide the residents with a reasonable alternative place to live for this period: People and pets who have been temporarily moved from their home or apartment can only come back after a licensed private lead inspector or licensed private risk assessor says it is safe for them to return. The inspector or risk assessor does this after reinspecting the home, BOH Cover Revised 1-05 Page 2 of 3 including taking dust samples to assure that lead dust levels meet approved standards. This reinspection will be done at least three hours after deleading work is all done. • People and pets have to stay out of the work area while you or your agent does most low-risk deleading work or structural repairs or cleaning of lead dust. They also have to stay out of the work area while there's any deleading work in common areas outside the home or apartment, as long as they have another regular way(not a fire escape)to go in and out of the building. In these cases,people and pets can use the area once the work is done in the area and cleaned UP. • People and pets have to stay out of the home or apartment for the workday while you or your agent apply encapsulants with an airless sprayer. They also have to stay out for the day during deleading in common areas when they do not have another regular way(not a fire escape) to go in and out of the building. When people and pets are out of their home or apartment for the day, it means they can come back to the home or apartment after cleanup at the end of the workday, and don't have to be out overnight. All work for deleading and interim control has to be neatly and properly done, in a professional way, and the home or apartment has to be returned to a condition that meets the requirements of the State Sanitary Code. Deleaded surfaces cannot be repainted until after they have passed reinspection by a licensed private lead inspector or risk assessor. You have to give written notice about common area lead paint violations to all other residents of the building. "Notice to Tenants of Lead Paint Hazards" is enclosed for that purpose. You also have to send a copy of the lead inspection report or lead inspection/risk assessment report and any reinspection reports to all mortgagees and lienholders of record. If your property has been previously deleaded,you may be eligible for a 30-day maintenance period. Please fill out the last page of the Order to Correct and return it to me within 14 days to take advantage of this option. If you have questions about the Department of Public Health's Lead Poisoning Prevention and Control Regulations,you can ask me, or call the CLPPP central office (1-800-532-9571 or 617- 284-8400). If you have questions about the Division of Occupational Safety's (DOS)Deleading Regulations, call the DOS central office (1-800-425-0004 or 617-727-7047). Remember to refer to the attached Order for more information about what you have to do. PER ORDER OF E BOARD OF HEALTH i _ Thomas . McKean, R.S., CHO Director of Public Health Town of Barnstable BOH Cover Revised 1-05 Page 3 of 3 c. �FIHET Town of Barnstable Regulatory Services BAMSTABLE, * Richard Scali,Director 9 Mass. 1639. A Public Health Division prED P'1 M _ Thomas McKean,Director 200 Main Street,Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 November 13, 2017 Marcus Sherman 70 Marston Avenue West Hyannisport, MA 02672 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION The property owned by you located at 70 Marston Avenue, Hyanniport, MA was inspected on November 13, 2017 by Timothy O'Connell, R.S., Health Inspector for the Town of Barnstable. This inspection was conducted on the basis of a complaint. Be advised that certain portions of this residential property to be in violation of the State Sanitary Code, 105 Code of Massachusetts Regulations (CMR) 410.750(J). This violation also constitutes a violation of the Lead Law, Massachusetts General Laws (MGL), chapter 111, section 197, and the Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000.If you already have a Letter of Compliance, please look to the last page of this Order and fill out the appropriate information. , Conditions exist in this residence that may endanger and/or materially impair the health of the occupants of these premises. DECLARATION OF EMERGENCY The Director of the Massachusetts Department of Public Health Childhood Lead Poisoning Prevention Program declares that the presence of this violation of the Lead Law and the Regulations for Lead Poisoning Prevention and Control constitutes an emergency pursuant to the Lead Law, MGL chapter 111, section 198 and within the meaning of the Sanitary Code, 105 CMR 400.200(B). CORRECTION OF LEAD VIOLATIONS) The Lead Law, MGL c. 111, §§189A-199B, and the Department of Public Health's Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000,require the owner of a residential premises or dwelling unit built before 1978 in which a child under the age of six lives have lead paint violations either abated or contained(referred to as "deleading") for full compliance or brought under interim control. The steps that you must follow are in the "Order" section. BOH OTC Revised 1/05 Page 1 of 8 The Lead Law, the Department of Labor and Workforce Development's Deleading Regulations, 454 CMR 22.00, as well as the Regulations for Lead Poisoning Prevention and Control require that residential deleading work be done by authorized people. The type of authorization will determine the method of deleading that can be done. There are three levels of deleading: High Risk Deleading Only licensed Deleaders can do high risk deleading activities. These activities include scraping, stripping, demolition, and making large amounts of loose paint intact. If this type of work is done on the interior of a unit,then the occupants must be temporarily relocated until the work is complete and has passed a reoccupancy reinspection. Moderate Risk Deleading Moderate risk authorized owners/agents and licensed lead safe renovators can do moderate (and low risk) deleading. These activities include removal and replacement of building components such as windows, and making a small amount of loose paint intact. If this type of work is done on the interior of a unit,then the occupants must be temporarily relocated until the work is complete and has passed a reoccupancy reinspection. Owners interested in becoming trained and authorized to do moderate risk deleading should contact CLPPP for more information. Low Risk Deleading Low risk authorized owners and agents can do some minor deleading activities such as covering surfaces with approved coverings and encapsulating approved surfaces. Owners interested in becoming trained and authorized to do low risk deleading should contact CLPPP for more information. These rules on who is authorized to perform what kind of deleading work apply whether the work is being done for full compliance or for interim control. An owner or owner's agent may also make structural repairs, as defined in 105 CMR 460.020, and clean leaded dust, as may be required for interim control. ORDER You are hereby ordered to remedy all violations of MGL cA11, §197 and 105 CMR 460.000, as identified by a licensed private lead inspector. If you wish to pursue interim control, you must remedy all urgent lead hazards identified by a licensed private risk assessor. Whether you pursue full compliance or interim control,you must correct the relevant violations in accordance with ,the following schedule: Within sixty (60) days of your receipt of this Order, you must provide proof of the following: 1. A complete analysis of the property for lead hazards. Proof consists of one of the following: BOH OTC Revised 1105 Page 2 of 8 • A comprehensive initial lead inspection report done by a licensed private lead inspector. The inspector must inspect the interior of the unit and the common areas of the unit, including the exterior. • A comprehensive initial lead inspection and risk assessment done by a licensed private inspector who is also licensed as a risk assessor. This is only necessary if you have decided to pursue the option of Interim Control. For more information on the Interim Control program,please contact CLPPP. • For previously deleaded properties, a post compliance assessment determination done by a CLPPP code enforcement inspector. If you have a previously complied property and failed to return the last page of this Order within 14 days, then you may no longer be eligible for a maintenance period; however,you must still have the assessment done. Only a CLPPP code enforcement inspector can do this assessment. 2. An established deleading plan for who will be deleading and when the work will be done. Proof consists of at least one of the following: • A contract with a licensed deleader, licensed lead-safe renovator, or low risk authorized agent. To check on the license for deleaders and lead safe renovators, contact the Division of Occupational Safety at(617) 727-7047. To check on the authorization for low risk agents, such as vinyl siders or carpet layers, contact CLPPP at 800-532-9571. • If you or your agent will be doing the work, a copy of the authorization letter and a completed"Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct" form verifying that all work will be done within required timelines (see 90 day and 120 day requirements). This form is included in this package. Contracts with licensed/authorized people as well as an authorized owner or agent's completed"Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct"must also specify that the unit will meet acceptable lead dust levels under 105 CMR 460.170, as determined by the licensed lead inspector or risk assessor's dust wipe sampling.,Should any of the dust samples fail to meet acceptable standards; the last authorized person who performed high- or moderate-risk work will be required to reclean the entire unit until all dust samples meet acceptable levels. If a low or moderate risk authorized person did the deleading and dust samples fail three times, a licensed deleader will be required to reclean the entire unit until all dust samples meet acceptable levels. Within ninety (90) days of your receipt of this Order, you must provide proof that the following work was completed and reinspected (including passing dust wipes if required): 1. All high and moderate risk deleading on the interior of the unit must be done and must have passed reinspection, including dust wipes. BOH OTC Revised 1/05 Page 3 of 8 Please note that if high or moderate risk activities will be done on the interior,then encapsulation cannot be done until after all of this high and moderate risk work has been reinspected and passed dust wipes. 2. Removal and replacement of doors, if chosen as the method of deleading, must be done and have passed reinspection. 3. Loose surfaces in the interior of the unit must have been made intact by the appropriately authorized person, been covered, or otherwise deleaded and reinspected. This includes loose surfaces being prepared for encapsulation(but DO NOT encapsulate these surfaces until after a successful reoccupancy reinspection). Making paint intact on the interior of a unit requires dust wipes at the reinspection. There cannot be any loose paint in the unit by the ninetieth day. 4. For those owners pursuing the Interim Control option, rules 1- 3 still apply; however only "urgent" lead hazards are required to be corrected. In addition, all required safeguards and structural repairs relevant to the interior of the unit must be complete and have passed reinspection and dust wipes, if required. Proof of this work consists of a copy of a reinspection report from a licensed lead inspector or risk assessor and copies of passing dust wipe results, if dust wipes were required. Copies of these documents must be provided to this agency by the 90th day. Within one hundred and twenty (120) days of your receipt of this Order, you must provide proof that the following work was completed and reinspected (including passing dust wipes if required): 1. Any low risk activities on the interior of the unit that were not done by the 90th day deadline must be complete. This includes encapsulation of interior surfaces that were previously made intact. 2. All required deleading in the interior common areas and on the exterior is done and has been reinspected, including passing dust wipes if they were required. 3. For those owners pursuing the Interim Control option, all of the "urgent" lead hazards must be corrected on the interior, common areas, and the exterior. Also, all required safeguards and structural repairs relevant to the interior common areas and the exterior must be complete and have passed reinspection. For Interim Control, a final set of dust wipes is required to be taken at the final reinspection. Proof of this work consists of a copy of a reinspection report from a licensed lead inspector or risk assessor, copies of passing dust wipe results, and a copy of a compliance document. Copies j of these documents must be provided to this agency by the 1201h day. ` PROSECUTION AND CIVIL PUNITIVE DAMAGES Failure to comply with any of the deadlines set out above will require this agency to initiate criminal or civil proceedings against you within seven(7)business days. Compliance with this BOH OTC Revised 1105 Page 4 of 8 Order will be determined by this agency's receipt of the appropriate documents within the specified deadlines. Documents should be sent to my attention at 200 Main Street Hyannis,MA 02601. Inspection documents required by the 60th day deadline. One of the following: ❑ Initial Lead Inspection report by a licensed private lead inspector; ❑ Inspection report and risk assessment report by a licensed private risk assessor; ❑ Post Compliance Assessment Determination done by a CLPPP code enforcement inspector. Deleading documents required by the 60th day deadline. At least one of the following, although there may be a combination of documents: ❑ A contract with a licensed deleader, licensed lead-safe renovator, or low risk authorized agent; ❑ A copy of an owner/agent authorization letter from CLPPP and a completed"Documentation of Training to be an Authorized Owner/Agent And Intention to Comply with the Order to Correct;" ❑ If you or your agent will only be doing structural repairs and lead-dust cleaning for interim control, a signed written statement attesting that this work will be completed in accordance with the required timelines. Documents required by the 90th day deadline: ❑ A Letter of Lead Paint(Re)occupancy(Re)inspection Certification issued by a licensed lead inspector or risk assessor, in cases where high- or moderate-risk deleading work occurred, requiring occupants to be relocated from the unit for the duration of the work; ❑ Copies of results of all dust samples taken by the licensed lead inspector or risk assessor, and copies of all reinspection report(s) issued by a licensed lead inspector or licensed risk assessor; Documents required by the 120th day deadline. Only one of the following: ❑ A Letter of Full Deleading Compliance issued by a licensed private lead inspector. ❑ A Letter of Interim Control issued by a licensed private risk assessor. ❑ For previously deleaded properties, a Certification of Restored Compliance (an addendum to the original letter of compliance) issued by a CLPPP code enforcement inspector. A copy of the deleading notification(s)must be sent to this agency at least ten(10) days before the start of any deleading, no matter who is performing the work, and whether it is for full compliance or interim control. BOH OTC Revised 1/05 Page 5 of 8 The law provides penalties of up to $500 for each day of noncompliance. In addition,you may become liable for civil punitive damages equal to three times any actual damages for failure to comply with this order if a child becomes poisoned. CORRECTION OF VIOLATION BY CODE ENFORCEMENT AGENCY If within the time periods stipulated above this residential property is not brought into full compliance or interim control, this agency may contract with an authorized person or authorized persons to correct the violation(s) and obtain a Letter of Full Deleading Compliance or a Letter of Interim Control, and bill the owner, or initiate court action to reimburse itself. RIGHT TO A HEARING You may request a hearing pursuant to 105 CMR 460.900 of the Regulations for Lead Poisoning Prevention and Control, in conjunction with the procedures of 105 CMR 400.200(B), the Sanitary Code provision for hearings in emergency public health matters. As already noted,the aforementioned violation constitutes an emergency. (See "Declaration of Emergency" section.) As such,you may request a hearing only if you have complied with this Order. The hearing will be provided within ten days of your request. This agency shall issue a written decision within seven days after the hearing. FEDERAL REGULATIONS Some federal financial assistance programs require additional environmental investigation. If you are planning on or have applied for a federal loan program, please contact me as soon as possible in order to discuss further requirements. Please have the name of the loan program and the local agency administering the program when you call. You may request a hearing before the Board of Health if written petition requesting same is received within ten(10) days after the date the order is served. Non-compliance will result in a fine of$100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town Health Division anEMcKean, k with the inspector who performed the inspection. PER BOARD OF HEALTH mas A. S., Director of Public Health Town of Barnstable BOH OTC Revised 1/05 Page 6 of 8 If your property already has a letter of compliance, you must fill out this form and return it to me within 14 days. Please include copies of ALL your lead- related paper work for this address. I will review the paper work for this address and contact you to schedule a post compliance assessment determination. Upon this review and a site visit, you may be eligible for a 30-day maintenance period, during which you may be able to fix the hazards yourself and your letter of compliance remains valid. Failure to return this form to me within 14 days may disqualify you from this option, requiring you to follow all of the rules and timelines outlined in this Order To Correct Violations. Only a CLPPP code enforcement inspector can do the required inspection work for previously complied properties. The inspection and reinspection services are provided for free.Please complete and return this form immediately in order to take full advantage of this 30-day maintenance period. Please print clearly: NAME: DATE: ADDRESS: ZIP CODE TELEPHONE NUMBER: U ADDRESS OF THE PROPERTY CITED: ZIP CODE: OCCUPANT(S)NAME: OCCUPANT'S TELEPHONE NUMBER: Please check off which documents you have attached to this form: Lead Inspection Report Risk Assessment Report ❑ Letter of Full Initial Inspection Compliance ❑ Letter of Abatement Compliance ❑ Letter of Full Deleading Compliance ❑ Letter of Interim Control BOH OTC Revised 1/05 Page 7 of 8 ❑ Certificate of Maintained Compliance ❑ Certificate of Restored Compliance Other: This is an important nonce. Plcase•have-ic translated. Este e um aviso importance. Queira manda-Io uaduzir. Este es un aviso importance. Sirvase mandarlo =ducir. -DAY LA MOT BAN THONG CAO QUAN TRONG XIN VUI LONG CHO RICH LAI THONG CAO AY Ceci est imponan Veuillez faire traduire. i&*2 4K * _%z . -1-t A i -iz-i�' A 147 :��- . oat ♦ d v IIPDXOXH, AYTO EINAI 2:HMANTIKO. rIAPAKAAO METAOPAETE Questo e un 'avviso importante. Si pregadi farlo tradurre. BOH OTC Revised 1/05 Page 8 of 8 F COMMONWEALTH OF MASSACHUSETTS Barnstable,ss District Court Department No. 1825CR000320 Commonwealth of Massachusetts ) Plaintiff ) VS. Marcus A. Sherman ) Defendant ) NOTICE OF FILING OF BANKRUPTCY PETITION Now comes,Marcus M. Sherman and states that he filed a petition'for relief under Chapter 7 of the Bankruptcy Code with the U.S. Bankruptcy Court District of Massachusetts, Eastern Division situated in Boston, MA on May 3, 2018, Docket No. 18-11655. The above-captioned claim was included in the petition. Pursuant to. Section 11 U.S.C. 362(a), the filing of the petition operates as a stay against any act to collect or recover a claim against the debtor. Therefore, any action to proceed with collection in any manner violates the provisions of the United States Bankruptcy Code and will subject all persons involved to contempt of court actions. Marcus M. Sherman By his attorney s Jeffery Johnson,Esquires t J '67 School Street P.O. Box 960 Hyannis,MA 02601 (508) 790-5776 (508) 775-7526 BBO#252510 ; r CERTIFICATE OF SERVICE I, Wendy L. Joakim, do hereby certify that I have mailed a copy of the above Notice of Filing of Bankruptcy Petition to Plaintiff, Cape & Islands District Attorney, P.O. Box 455, Barnstable, MA 02630,by first class mail,postage prepaid,this 4th day of y,2018. Wendy L. Joakiru t r , To Thomas Grimmer, attorney at law, from Defendant Marcus Sherman, Aproil 18, 2018 Re: Docket number 1825CR000320, Failure to obey lead abatement order, Request for dismissal at pretrial hearing, April 19,2018 9:00 The reasons for dismissal of this case are: -The notice to abate violations is based on Massachusetts Department of Public Health Childhood Lead Poisoning Prevention Program lead law requiring lead abatement of lead conditions in a home in which a child under 6 years old is living. In fact this is not relevant and should justify.dismissal of charges against me because as of the November 13 date of the notice there was no child under 6 living in the house. - The order was bases on an informal and unofficial lead paint test conducted by the Barnstable Board of Health and has no legal standing. The only testing methods which are approved for use on painted surfaces are the Lead Check lead test kit, D-Lead paint Test. The State of Massachusetts lead test kit which is used to determine that regulated lead-based paint is not present on drywall and plaster;.it is not reco nized for use on wood.This test is approved to indicate that lead is not present and is not reliable to indicate that lead paint is present. The board of Health testing result that.lead paint is present in the room tested is thus not valid and should lead to dismissal of charges against me. The Board of health used Massachusetts lead test kit on wood surfaces in my home for which it is not approved. j In the one plaster location tested in my home on the old painted plaster at a renovation location site for a new door to the bathroom, the test was negative. I had an approved building permit for this renovation which withdrawn after the testing. I request that this building permit be restored so I may complete installation of the door in this lead free site. In summary, the charges against me should be dismissed because there was no child living in the house on the date of Notice to Abate Violations and the test method used by the Board of Health is not approved to indicate positive results nor is it.approved for use on wood surfaces. indicate positive results nor is it approved for use on wood surfaces. Marcus Sherman April 18, 2018 } �� - �_ �� p� � � � �\ i � �� o ,_._ � - � � � � � � ` r �\ \ -�. � A -�_ �l .-- �. _. �� -, Anderson, Robin From: O'Connell, Timothy Sent: Tuesday, November 14, 2017 11:49 AM To: Florence, Brian Cc: McKean, Thomas; Anderson, Robin Subject: 70 marston ave lead RRP Brian I posted a stop work order on 70 Marston Ave Hyannisport, MA. As we talked about this morning. According to the EPA(RRP) (Starting April 2010) owners of rental units with children under 6 years of age must be certified in the lead safe work practices required by EPA's RRP rule. This owner's is currently not certified. I appreciate your help on this matter and I think suspending this permit as we discussed is the right thing to do at this moment. TIMOTHY B. O'CONNELL, R.S. HEALTH INSPECTOR TOWN OF BARNSTABLE 200 MAIN STREET HYANNIS, MA 02601 508-862-4646 1 . Anderson, Robin From: Florence, Brian Sent: Tuesday, November 14, 2017 4:59 PM To: O'Connell, Timothy Cc: McKean, Thomas; Anderson, Robin; Lauzon, Jeffrey Subject: RE: 70 marston ave lead RRP Hi Tim, We will suspend the permit and notify the owner as discussed. Thanks, -Brian Brian Florence, Building Commissioner Building Department I Town of Barnstable 2010 Nlain Street + ' lnis, MA 02601 508-H.2 4038 Brian.forence@town.barnstable.ma.us From: O'Connell, Timothy Sent: Tuesday, November 14, 2017 11:49 AM To: Florence, Brian Cc: McKean, Thomas; Anderson, Robin Subject: 70 marston ave lead RRP Brian I posted a stop work order on 70 Marston Ave Hyannisport, MA. As we talked about this morning. According to the EPA (RRP) (Starting April 2010) owners of rental units with children under 6 years of age must be certified in the lead safe work practices required by EPA's RRP rule. This owner's is currently not certified. I appreciate your help on this matter and I think suspending this permit as we discussed is the right thing to do at this moment. TIMOTHY B. O'CONNELL, R.S. HEALTH INSPECTOR TOWN OF BARNSTABLE 200 MAIN STREET HYANNIS, MA 02601 508-862-4646 i Lauzon, Jeffrey From: Florence, Brian Sent: Wednesday, November 22, 2017 1:10 PM To: 'marcus334@gmail.com' Cc: O'Connell, Timothy; Lauzon, Jeffrey; McKean, Thomas Subject: Permit/Application:TB-17-3934 at 70 MARSTON AVENUE, HYANNIS for Building - Alteration INTERIOR Work Only - Residential Mr. Sherman, I have been advised by the Town of Barnstable Health Department, Health Agent Tim O'Connell, that they have revoked their sign-off of building permit TB-17-3934 due to a concern related to lead paint. Building permit applications require health department sign-off in order for a permit to be issued: 780 CMR Chapter 51 § R110.1 which requires compliance with specialized codes. Please be advised that building permit TB-17-3934 is hereby suspended in accordance with 780 CMR the Massachusetts State Building Code, Chapter 51 § R105.6 which reads: The building official is authorized to suspend or revoke a permit issued under the provisions of this code wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or is in violation of any ordinance or regulation [emphasis added]or any of the provisions of this code. The building permit is suspended until such time as the Health Department is able to sign-off on the previously approved permit application. Until then, no construction work is authorize or permitted on the site. Once the health department sign-off is reinstated they will notify me and I will release the permit from suspension without the need for further documentation or fees. Please feel free to contact me if you have any questions. And, if aggrieved by this notice and order; to show cause as to why your permit should not be suspended,you may file a Notice of Appeal (specifying the grounds thereof) with the State Building Code Appeals Board within (45) days of the receipt of this order and in accordance with MGL c. 143 § 100. Please be advised that further action as the law requires may be taken for non-compliance with this order. By Order, Brian Florence, Building Commissioner Building Department I Town of Barnstable 200 Main Street Hyannis, MA 02601 508-862-4038 Brian.florence@town.barnstable.ma.us i Anderson, Robin From: O'Connell, Timothy Sent: Thursday, April 19, 2018 8:29 AM To: Anderson, Robin Subject: FW: 70 Marstons Ave Lead Violation From: Scali, Richard Sent: Monday, January 29, 2018 2:21 PM To: O'Connell, Timothy; Weil, Ruth Cc: Anderson, Robin; McKean, Thomas; Florence, Brian Subject: RE: 70 Marstons Ave Lead Violation Thanks Tim for the update. Can you inform us if the owner intends to comply and needs more time to hire a Lead inspector? Or does he not intend to comply before we go through all the steps of court action? Richard From: O'Connell, Timothy Sent: Monday, January 29, 2018 2:14 PM To: Weil, Ruth Cc: Anderson, Robin; McKean, Thomas; Florence, Brian; Scali, Richard Subject: 70 Marstons Ave Lead Violation Hi Ruth, I have performed a lead paint determination on November 13, 2017 at 70 Marston Avenue, Hyannisport, MA. The determination found lead paint in violation of the Lead Law, Massachusetts General Laws, chapter 111, section 197, and the Massachusetts Department of Public Health's (DPH's) Lead Poisoning Prevention and Control Regulations, 105 Code of Massachusetts Regulations (CMR) 460.000. The law requires owners of homes or apartments built before 1978 to have lead paint violations deleaded for full compliance or brought under interim control when a child under six years old lives there. The owner received my certified mail explaining his rights and duties under these laws on November 29, 2017 ( Cert. Mail # 7015 1730 00014990 3066). There are three deadlines the owner must meet: (60) days, (90) day and (120) days which were include in this letter he did receive. The owner is currently in violation of The Massachusetts Regulations for Lead Poisoning and Control (105 CMR 460.00) and its sixty (60) day deadline. This sixty (60) day deadline states that the owner should have hired a private Lead Inspector to conduct full lead inspection. He must also have a signed contract with a licensed deleader and copies of all these documents must be forwarded to me to meet the sixty (60) day deadline. I have not received these documents and the owner has told me he has not complied via phone conversation this morning. The reason for this email to you is because within (105 CMR 460.00) it states that the Lead Determinator (Me) should contact the agency's (Town of Barnstable) attorney (you) prior to initiating any court proceedings. The code states that a criminal complaint should be filed once the first deadline has NOT been achieved. Does The Town of Barnstable legal Department want to assist me in this legal procedure or should I just follow the outline within the Massachusetts Childhood Lead Prevention Program (CLPPP) ? Should this be filed in Barnstable District Court or should this be brought to the Plymouth Housing Court ? I have been told they will hear cases from the Barnstable County. i According to (CLPPP) I have seven (7) working days to initiate judicial proceedings. This is a very serious matter to State of Massachusetts and (CLPPP) and I would appreciate your advice and guidance on this matter. I thank You in Advance for Your Time, TIMOTHY B. O'CONNELL, R.S. HEALTH INSPECTOR TOWN OF BARNSTABLE 200 MAIN STREET HYANNIS, MA 02601 508-862-4646 2 Town of Barnstable Inspectional Services BARNSfABLE, C MASS. Public Health Division Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 August 29, 2019 Marcus Sherman 70 Marston Avenue Hyannisport, MA .02647 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II —MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION The property owned by you located at 70 Marston Avenue, Hyannisport, MA was inspected on August 29, 2019, by Timothy.B. O'Connell, RS Health Inspector for the Town of Barnstable.-This inspection was conducted due to a complaint received at The o Barnstable Health Division. The following violations of the State Sanitary Code were observed: 410. 750: Conditions Deemed to Endanger or Impair Health or Safety 410.750,(A) Dwelling has no hot water. 410.750JO) Rat infestations. 410.750 (I) Garbage and filth throughout dwelling unit. You are directed to correct all State Sanitary Code violations listed above within seven (7) days of your receipt of this notice. You may request a hearing before the Board of,Health if written petLionn questing same ��-1``Yis received within seven (7) days after the date the order is served. ce 4N.r all atio 1'4 constitute a�cparate violate - 1Should vou�have any questions regarding the above"` vn�� t g g violations, please contact the Town Health Division and ask to speak with the inspector t who performed the inspection. PER ORDER OF THE ARD OF HEALTH A,VQ� omas Me ean, R.S., _ Director of Public Health - Town of Barnstable ` Town of Barnstable s BARNSCABLE, Inspectional Services IMAS& Public Health Division Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 August 29, 2019 Marcus Sherman 70 Marston Avenue Hyannisport, MA 02647 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II —MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION The property owned by you located at 70 Marston Avenue, Hyannisport, MA was inspected on August 29, 2019, by Timothy B. O'Connell, RS Health Inspector for the Town of Barnstable. This inspection was conducted due to a complaint received at The Barnstable Health Division. The following violations of the State Sanitary Code were observed: 410. 750: Conditions Deemed to Endanger or Impair Health or Safety 410.750 (A) Dwelling has no hot water. 410.750 (0) Rat infestations. 410.750 (I) Garbage and filth throughout dwelling unit. You are directed to correct all State Sanitary Code violations listed above within seven (7) days of your receipt of this notice. You may request a hearing before the Board of Health if written petition requesting same is received within seven (7) days after the date the order is served. Non-compliance will result in a fine of$100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection. PER ORDER OF THE ARD OF HEALTH omas A. Mc ean, R.S., - Director of Public Health Town of Barnstable FTTo Town of Barnstable BAFtNVABL&. ; Inspectional Services MAS& Ajfp�,�A Public Health Division Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 August 29, 2019 Marcus Sherman 70 Marston Avenue Hyannisport, MA 02647 ' NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II —MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION The property owned by you located at 70 Marston Avenue, Hyannisport, MA was inspected on August 29, 2019, by Timothy B. O'Connell, RS Health Inspector for the Town of Barnstable. This inspection was conducted due to a complaint received at The Barnstable Health Division. The following violations of the State Sanitary Code were observed: 410. 750: Conditions Deemed to Endanger or Impair Health or Safety 410.750 (A) Dwelling has no hot water. 410.750 (0) Rat infestations. 410.750 (I) Garbage and filth throughout dwelling unit. You are directed to correct all State Sanitary Code violations listed above within seven (7) days of your receipt of this notice. You may request a hearing before the Board of Health if written petition requesting same is received within seven (7) days after the date the order is served. Non-compliance will result in a fine of$100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection. PER ORDER OF THE ARD OF HEALTH omas A. Mc ean, R.S., Director of Public Health Town of Barnstable