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0015 OAK NECK ROAD UNIT UNIT 1 - HYANNIS CONDOS
15 OAK NECKROAD—Oak View Hyannis-- Aug 06 131 11:19a Factoryuser t 508-432-4971 p.1 • c 4 Phi O Fgm " r 4. _7Wagerma i UP M&- 71ftS, 1?(MeSk1tVo 9/M/3 /45dC�/ `zQ� f S �Sr�UC� 7?fi� 0A) Z 7- VDU 1 f RI I�Y O�IV��� 7��tr�- (��7•V� d S �Si ��n P�llUlc. �v tc-t�.- / ` 5��2 uc:tyc�c- trJxl� A) T o ins V 7,OqY1M- TO � 77*�EE /awl Aug 06 13 11:19a Factoryuser 508-432- 971 p.2 Braga Bros. Plumbing & Invoice nvoiC$ 92 Rosary Ln SL ite#21 DATE INVOICE� Hyannis,MA 02 01 OC3 — Phone:(774)487 9051 7/2712013 2079 Master Plumber i Lic#15668 Braqa Bro& Plumbing & Heating BILL TO Job Location Oakview Corjd miniurn trust Same 15 Oakneck r 1-1yannis,MA 0 601 DUE DATE P.O.NUMBER 8/26/2013 ITEM DESCRIPTION QTY RATE AMOUNT HVAC THE FOLLOWING IS AN ESTIMATE FOR HVAC 1 i 0.00 INS rALLATION. Service *D' connect and remove hvac system serving recreational 1 I 0.00 roor i for constructional repairs.inside ifs utility closet *Re -install hvac system at the same location except for coo ing/refrigeration lines. NOTE 1: "E imate DOES NOT include any electrical,carpentry or t 0.00 pair t work. trng hvac system appears to not be working,Braga BiTon DOES NOT take any responsal)ility for equipment tu oetore or after removal ana Installation procedure. j Total Estimated TOTAL ESTIMATED COST OF EQUIPMENT, 1 1,500.00 Cost INSTALLATION PARTS AND LABOR Payment Payment received on 7/27/13 1 750.00 Check#569 r I I I Thank you for your business! Subtotal 750.00 Estimates are valid for 30 days From date of issue. Payments shall be made as follow: 0%Tax 50%start,5001D finish installation. Total 750.00 5 n OAKVIEW CONDOMINIUM TRUST P.O. BOX 1204 HYANNIS, MA 02601 May 9, 2013 Town of Barnstable - Public Health Division Thomas McKean, Director 200 Main St. Hyannis, MA 02601 . i ....4 r- 6 Dear Director McKean, � � This letter is a follow'up to our letter of May 91" requesting an extension. o . Brad Sprinkle from Sprinkle Home Improvements submitted a quote to remove the damaged sheet rock, repair any structural damage and replace the sheet rock with the proper sheet rock for that area. However, Sprinkle Home Improvements does not.handle.the;.removal and replacement of the heating and air conditioning units. For�the"past two weeks I have been calling heating and air conditioning companies to give us a quote on this job and all have either stated they are too busy or booked till fall with work. I Did talk to Brad Sprinkle as to companies he has worked with for suggestions-'and he received the same responses I did. This morning I did receive'a call back from Wahtola Plumbing that he can look at the project this coming week'but would not be able to do any work until mid-July. As soon as I receive a date from Wahtola I will give you notice. If you need.any further information 1 can be reached at 508-454-2724: Sincerely Thomas H Benton For the Board Oakview+Condom iniu.m Trust. ?,. "' .'., k: ` .• °3 �- '',s r'tl ao: a ;; <; ,.r' p 4 LYy < ♦,+/4-a d .. .' , :} w .- }"i ..♦�F��'~ {. Y. '••T, il�'. r.�t.! ..l.n..vY �,~� h.i''s�+I.I• ♦ k •4. .♦. OAKVIEW CONDOMINIUM TRUST P.O. BOX 1204 HYANNIS, MA 02601 May 9, 2013 Town of Barnstable Public Health Division Thomas McKean, Director 200 Main St. Hyannis, MA 02601 Dear Director McKean, Last week Charles Kanell, onsite manager, and I met with Brad Sprinkle to review the problems cited in your violation dated April 11, 2013 in regards to our Building located at 15 Oak Neck Rd., Hyannis, MA. After reviewing the area in question, Brad felt he needed to talk to both the Health Department and Building Department to get a better understanding of the scope of work both departments would be concerned with. He did discuss the issue with both departments and reported back to me that we needed to Meet also'with1he owners of the two units above the trusts' unit and inspect their areas so that a comprehensive and complete quote could be given to all involved to correct the problem. Ve all meet last evening and Bradviewed-all areas and will be giving a quote to all and he will pulling necessary permits for the_job. This will take time and Brad indicated he will be in touch with your department stating he will aped time;to '. develop-a quote and to start the project'. � En zz The Trust is asking for an extension of time till Brad Sprinkle can fiii line thg; quote and start the project._ -1 can be reached at 508-454-2724- Sincere 'ly` T ,omas`Benton :~ ~' f+ + , ,..'� .p:?.� .; , 4, r' ?aY ;k,t.'" :t.a ti'. F.f» <,t �. . xs, .. • "tla ,r ... J w. A t¢• � t'• tr �. Y. ' - v.•[.t _ .tii�,..t ;tin - f "' f ... i .. "� �r uY M �akview Condo Trust '� r;�.;���3���°��;�, �-°. 1°°: r� �^'U�"'°w•*mv�'..• "'` S PO Box 1204 Hyannis,MA 02601 FOR Town of Barnstable Public Health Division Thomas McKean, Director 200 Main St. Hyannis, MA. 02601 026 0 1 "SO7 SIS +ii�iaijri+ +►�aA+ +i,��+�is�li+��+lit+j�llil+����++���i���;�� � 1� 14�� ��I`if! Ii �� ,� �fi11 ill !1 � 1 � � _� � ,�- 1 :,:.�.. �.� \ .. �� .� �- \ � �� I. w - �i i i � .- R� .. - � ,, � � I .�. ..--' Y ti .. - - SENDER: • •N COMPLETE THIS SECTIONON DELIVERY • Complete items 1,2,and 3.Also complete A. Si4nure _qAk item 4 if Restricted Delivery is desired. X ❑Agent la Print your name and address on the reverse PO ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, �` i 8 or on the front if space permits. D. Is delivery address diff ereeV t'from item 1? ❑Yes 1. Article Addressed to: r N/ 1 9\ If YES,enter delivery address below: ❑No Oak.View Condo Trust APR23�13 Benton Trustee C/O Thomas r � P:O: Box 1204 3. Service Type Hyannis, MA 02601 %Qprtlfled Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise -- ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 012 1010 0000 2 8 5 0 7 8 9 3 (Transfer from service labei) t PS Form 3811,February 2004 Domestic Retum Receipt 102595-02-M-t640� UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 . • • Sender. Please punt your name, address, and ZIP+4 In this box � I Town of Barnstable a � Health Division a 200 Main Street j Hyannis,MA 02601 I i I I I I Certified Mail#7012 1010 0000 2850 7893 oFt"�'ati Town of Barnstable Regulatory Services BARNSTABL& NAM � Thomas F. Geiler, Director a -Public Health Division Thomas McKean, Director 200 Main Street,Hyannis, MA 02601 Office: 508-8624644 Fax: 508-790-6304 April 11, 2013 Oak View ConA Trust C/O Thomas Benton, Trustee P.O. Box 1204 Hyannis, MA 02601 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 15 Oak Neck Road (Common Area/ Craft Room), Hyannis, was inspected on April 11, 2013 by Timothy O'Connell, R.S., Health Inspector for the Town of Barnstable. This inspection was conducted-on the basis of a complaint received by our department. The following violation(s) of the State Sanitary Code were observed: 105 CMR 410.500-Owner's Responsibility to Maintain Structural Elements: During said inspection, inspector observed signs of chronic dampness within utility closet. Structural damage to interior beams and supports along with severe rot.were also observed within said dwelling unit's utility closet. 105 CMR 410.200 W: Heating Facilities Required. Heating facility which heats said habitable area inoperable. You are directed to correct the violations listed above within thirty (30) days of your receipt of this notice by pulling required building permits and repairing all beams and supports that are damaged or by hiring a structural engineer to testify that the said beams will not effect or compromise safety of structure; by stopping any sources of chronic dampness; by repairing said heating facility. QAOrder letters\Housing violations\Rental ordinance\15 Oak Neck Road Common area/craft room.doc You may request a hearing before the Board of Health if written petition requesting same is received within ten (10) days after the date the order is served. Non-compliance will result in a fine of $100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection. PER ORDER OF T E BOARD OF HEALTH Thomas A. McKean, R.S., CHO Director of Public Health Town of Barnstable Cc: Donna Larose, Owner of one of the condo units QAOrder letterMousing violations\Rental ordinance\15 Oak Neck Road Common area/craft room.doc I Citizen Web Request Page 1 of 3 E C+€C✓" 1�!'. r�`^. m.^'"�",r" t. &ARN S ikrt td5wSS Logged Citizen Request Mana9emen WtNednesday,April172013 TOtNN\oconnnnelt Route to Users Search Reauests Create Requests Request Information Request ID: 44917 Created: 4/10/2013 3:23:09 PM Status: Assigned To Staff Assigned To: O'Connell,Timothy Health Office Anonymous: No Request Category: Chapter II : Housing Substandard edit Routine work: No Estimate: No edit Date scheduled: edit Estimated 4/25/2013 Change Estimated Mar April 2013 May Completion Completion Date: Date: Sun Mon Tue Wed Thu Fri Sat 31 1 2 3 4 516 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26127 28 29 30 1 2 3 4 5 6 7 8 9 10 11 Created By: Parvin, Lindsay Priority: Medium edit Health Office Citation Numbers: edit Requestor Information Requestor Request Parcel Number ��0--00--Block: 000 E Lot: 000 Requestor reports that there is a Map: E0007 "health issue" in the mechanical room. Parcel Lookup Email: Edit Requestor Information http://issgl2/internalwrs/WRequest.aspx?ID=44917 4/17/2013 e ° Like It never even happened:® Fire&Water—Cleanup&Restoration- Tom & Lisa Balcom cam. � 7 _ 9 6 . r 4 C SERVPRO®of The Mid and Outer Cape 508-778-7378 Independently 0mned and Operated ii r AN d w T � - •4 M ✓ a at } �A`f C r r'` p j F L sti NadhAmericanPipe'PS'4 1i35^a KST ex&2?@43<13: ii ` 20 W 726�i 94 13P IF 53 — _ • � Y 4 ! f F , - z 4 F 11 uk { i !�4Q V Kotth amencan Plpe l'!M. .s-.i L-"+2 X 'm W"llt -k '1, PO" , I� fr 1 �•i aN so am— Lo l � ` r' �1 ti a, � y� L •':ice'. "'o�' �• fit,• � --����,— � �+� `='�"�. r y t t s t. �f i �� k • ,. ..�c - .... a Y W i + � � �°��"�"'+ •�6't�"a. .. :y.{eC` .. - �"' r��• •'ems^��;� Y. "•rG'-^�,,.;g� „���z+t rs '_ e. -� �,`. 'x$'t '2r^l'�LIO� D , r + ��,� •*+wit#". �M��w,,.,�� Qr�.,,+. ' 'Tt FTf`r w o d Y y lb � _ f J•!� y J� r r t , E + w f 1 i� '`�� . � �"'$¢ "y ,.t•� +•� + •'` .�,,> "�..;� fir. � �: xrfi y. r 71 *16 46 Al �. `ice.. �� ♦tia'' .4 z: *�► fit_ l aµ 4`P+4� * } . j� *Y7�i t �T fir. • #�..�\ � � �: '`� k.� . %. l Nk" _ ♦�. $ y, s �<... >� to � �� ••C �'•r�; ,� 1. y :'• ' ]t1� da '�o f y� ''.. w A, � 4-1 mi 1p r �r - lY1t 1 1 h j"� ;. � � s •tit°,-� .:ou t O � 0 � } Jli Y t w. ea wmf ' u S t : _Y M 1! . 4:�•� y�. � k#. �. �1 �i �"...�y'ky}µ�� }�=ef;2��,(���.� p' i 3 r , - y� 3 4 � WA Al 41 t •may_ �y, e. .. �"°�,� 7� • �yam' ��� 4� ,���, �4 � a 4. ..,$''���3�' 1 . ry , r _ u f ' . L 7 p r mnzad,111.0 if ,-, iK` " f + ', 3 C�` � • y � C tip° � �} � �.� � �, l ��. r i t � 'tea,..•,_ �,-}' � 4 �. � •, ` ' ��• r � a �r� � .jj maFif+ ON tit ::: « }} 61 fb flow b 1 j .a f • �c x " e v��l� • 1 4 S n Jf , a� n t . iY i t ,. i tl'e"',.•. y ? <.. � '�'S a %` :. E� M' y Po t J . � r I x, C a v ' w• � m 5 $ r Pr , a , . ) r� - y, r� r 4C +�� IaY•�,�r'�`c'�•,`�'.a;�'v=` ��''�. `_� '�i� `� ' � t ����„t��'����� 4 r�^ . ❑ S7 �P lj.'u, .3�� 6 $`'".'g:'^iR"�^ r�y .'�1�`gg�aa ``� „� �^'W""y�` ` f> . ;:1 - P ���1 ►'�. « �7 00000, f e+'r Y > e . A' �,. ,,,, _ � ' `- �,+' � � :yid;,.',"`"/. x.� � f,�' • &x J. g y f i b s M fo OAKVIEW CONDOMINIUM TRUST PO BOX 1204 ��� HYANNIS, MA 02601 August 17, 2011 Thomas A. McKean, R.S. Director of Public Health Town of Barnstable 200 Main St. Hyannis, MA 02601 4 Dear Mr. McKean: x This letter is to follow up our conversation,we had earlier this week about the complaint issued in regards,. the swimming pool located at the Oakview Condo mrnwms,'15 Oak Neck-Rd.; Hyannis, MA " As I stated, it seemed very strange to me that this complaint was issued since the owners had_voted at annual meeting on June 26th, 2011 to have the pool demolished and a small picnic area constructed on that site. The firm selected was Arch Construction Co., PO Box 914, Hyannis, MA 02601, owned and operated by Wayne j Archambeault. Mr. Archambeault was notified shortly after our annual meeting that his proposal was selected by ou,r owners. Mr. Archambeault indicated it would be a few weeks before he could start the project. I had made arrangements to meet Mr.Archambeault on August 13, 2011 to review the scope of the project and finalize his proposal. We did meet on that date at which time Mr.Archambeault stated he could start the demolition project by September 1st of this year. I issued Archambeault Construction Co. an authorization letter dated August 13, 2011, to demolish the swimming pool. A copy enclosed. I am sure Archambeault Construction Co. may have already pulled the permits needed for this project. You stated that the complaint about.the pool was brought by Atty.James P. Connors. I stated thaVAtty. Connors had represented one of our owners'in the.past, and if in fact he was representing-(he same`'3wn f*in this matter,that owner was present on June 26th when the vote to authorize to demolish 4e.pool was passed. En Needless to say,your department and-the Town of Barnstable have spent time and money on an ire tli was already being resolved by the owners at Oakview Condominiums. , Sincerely,.,.. W. Thomas;H. Benton. 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X AA4C&O ❑Agent ■ Print your name and address on the reverseAddressee so that we can return the card to you. — B. Received by(Printed Name) LC. ate o D li ry ■ Attach this card to the back of the mailpiece, . or on the front if space permits. D. Is delivery address different from item 1? ❑ s 1. Article Addressed to: If YES,enter delivery address below: ❑No M)GI I�Offi 4(7 &ra(�Pj*' 3. Service Type � Q� {�� srov ❑Certified Mail ❑Express Mail r r Ql•"� /p� e ❑ Registered ❑Return Receipt for Merchandise i��a��j,�r��J 4 ❑ Insured Mail ❑C.O.D. I a/ (/'Y /. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number , `it 1 e0"11'i047s0 00011,,1145251 5624; { (Transfer from service labeo PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-15 0 UNITED STATES§90 T aw>.:!�„ ..r..T w., * .M T:'TF .1 ,♦.. � .�gi...i.uv !*a►s�'�il"a�$I�a�l vu s. 1 1-a q,�+ t= M '�.� �,ti x f � n�,ry"'` n wv P�JA�I�g G='�'Q'T""'^��'• • Sender: Please print your name, address, and ZIP+4 in this box • - - - ----- fo�vn of}iarnstable Public Health Division I 200,Main Street I Hyannis, NIA 02601 I A Ff} j } J { E tt i j t } } t y r 1;l1-f74.DlIf�dij})l}llEFiitJI 7�I1. MIIM1111+fflfi :!?7Lid f� U SPostalService,�, � CERTIFIED xMAILT.., RECEIPT ' OFFICIAL US E ' (Domestic MaillOnly;�No Insurance Coverage�Provided) P,F,5r—,deliTe7,information vvisit ou�websit at www.usps:como, / PS...Form 3800.August2006 See.Reverse.,-for Instructions Certified Mail Provides: o A-mailing receipt o A unique identifier for your mailpiece a A,mcord of delivery kept by the Postal Service for two years Important Reminders: e Certified Mail may ONLY be combined with First-Class Mails or Priority Mail®. e Certified Mail is not available for any class of international mail. to NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. to For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the artie"nd-add•applicable postage to cover the fee.Endorse mailpiece'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPSs postmark on your Certified Mail receipt is required. o For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement'Restricted Delivery° to If a postmark on the.Certified Mail receipt is desired,please present the arti' cle at the post office for postmarking. If a postmark on the Certified Mail' receipt-is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Forth 3800,August 2006(Reverse)PSN 7530.02-000-9047 I Town of Barnstable �IHE Tn,_ Barnstable ti Regulatory Services lsd Thomas F. Geiler, Director A*4=icaMY BARNSrABL = Public Health Division I I 16 9 ,�� Thomas McKean,Director 2007 200 Main Street Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 August 10, 2011 Mr. Thomas Benton, Trustee Oak View Condominium Trust 75 Olde Homestead Drive Marstons Mills, MA 02648 NOTICE TO ABATE VIOLATIONS OF 105 CMR 435.00, MINIMUM STANDARDS FOR SWIMMING POOLS (STATE SANITARY CODE, CHAPTER V) AND MASSACHUSETTS GENERAL LAWS, CHAPTER 111, SECTIONS 127A On July 14, 2011 and August 3, 2011 an inspection of the pool located at 15 Oak Neck, Road, Hyannis, MA and known as Oak View Condominiums, was inspected by Donna Z. Miorandi, R.S., Health Inspector for the Town of Barnstable, as the result of a complaint. Based on the results of that inspection, The Barnstable Health Department finds that the pool does not comply with the provisions of 105 CMR 435.00. Specifically, 105 CMR 435.38: General Sanitation states, "All swimming, wading and special purpose pools and bathhouses, grounds and appurtenances shall be maintained in good repair and in a safe and sanitary manner". The cover on the pool is worn thin and as a result has many holes in it and is collecting much detritus on and below the pool cover. The pool is therefore able to collect rainwater resulting in an underground terrarium and harborage for rodents, both alive and dead. This condition may result in the transmission of disease from animals and insects to humans. In addition, the resultant stagnant water in the pool becomes a prime area for mosquito breeding. This situation in a residential neighborhood may become serious. The provisions of Massachusetts General Laws: Chapter 11, Section 127A state that"public health regulations to be known as the state sanitary code,may provide penalties for . violations thereof not exceeding five hundred dollars for any one offence or not more than twenty-five thousand dollars. The code shall deal with matters affecting the health and well-being of the public in the commonwealth in subjects over which the department takes cognizance and responsibility, including, but not limited to, standards of fitness for human habitation and standards for swimming pools. Said code may provide for the demolition, removal, repair or cleaning by local boards of health of any structure which Q: order letters-pool closure-15 Oak Neck Road, Hyannis.doc so fails to comply with the standards of fitness for human habitation or other regulations in said code,as to endanger or materially impair the health or well-being of the public. Said code shall designate those conditions which, when found to exist upon inspection of residential premises, shall be deemed to endanger or materially impair the health or safety of persons occupying the premises". You are directed to correct this violation by September 12,2011. Any person or persons to whom any order has been served pursuant to 105 CM .435.00 may request a hearing before the Board of Health by filing within seven days after the order was served, a written petition requesting a hearing on the matter. If a written petition for a hearing is not tiled in the office of the Board of Health within seven days after an order has been issued, each day's failure to comply with the order as issued or modified shall constitute an additional offense. i PER OPER OF THE BOARD OF HEALTH Thomas A. McKean, R.S. Director of Public Health Town of Barnstable Cc: James P. Connors, Atty. Dr. Wayne Miller, Chairman of the Board of Health CERTIFIED MAIL: 7011 0470 0001 4525 5624 Q: order letters-pool closure-15 Oak Neck Road, Hyannis.doc UNITED STq�E�S S Ryles aMt� �.TV9UT .IRS-5�:,':k`f,a C::Vic` 0 e . ..t- , Paid • Sender: Please print your name, address, and +4 in this box �I 'Town of.Barnstable i ^=J Health Division 200 Main Street B II Or Z H11111 111111,f11,,, 1111,,L,,1 fill I'll III,,,l,l,l COMPLETE. •N COMPLETE THIS,SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Si dare item 4 if Restricted Delivery is desired. ❑Agent o Print your name and address on the reverse ❑Addressee go that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: c' j�'i --' - -- rJ _ If YES,enter delivery address below: ❑No r 1 Oak Vie w Condo Trust Trustee ' ,e tea t`_--,f�- � CIO Thomas$eni204 I MA 02601 \��� 3Senrice Type Hya11T11S, �. S rtified Mail Express Mall Registered Express Receipt for Merchandise i ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes I 2. Article Number 7006 0 810 0 0 0 0 3 5 2 5 6 4 7 4 Cy(Transfer from service laben, PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 4 Certified Mail#7006 0810 0000 3525 6474 Town of Barnstable o� Regulatory Services RARNSTASL&. �0�' Thomas F. Geiler,Director �f1639. Public Health Division Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 t)4a.d I Fax: 508-790-6304 September 6, 2011 Oak View Condo Trust , C/O Thomas Benton, Trustee P.O. Box 1204 Hyannis, MA 02601 `j- NOTICE TO ABATE VIOLATIO S OF 105 CMR 410.000 STATE SANITARY CODE II—MINIMUM STANDARPS OF FITNESS FOR HUMAN HABITATION The property owned by you located at 15 Oak Neck Road (Common Area), Hyannis, was inspected on September 1, 2011 by Timothy O'Connell, R.S., Health Inspector for the Town of Barnstable. This inspection was conducted on the basis of a complaint received by our department. The following violation(s) of the State Sanitary Code were observed: 165 CMR 410.500—Owner's Responsibility to Maintain Structural Elements: The Mansard/soffit area of roof structure was observed to have large holes from rot and neglect. 105 CMR 410.550— Extermination of Insects,Rodents and Skunks: Due to above violations this area is deemed a harborage spot for rodents. Squirrels were observed entering this area during inspection. You are directed to correct the violations listed above within thirty (30) days of your receipt of this notice by pulling any required building permits (if applicable); by repairing or replacing said roof area so that it is weather proof and rodent proof; by exterminating any rodents that may be present within said area. 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. QAOrder letters\1lousing violations\Rental ordinance\15 Oak Neck Road Common area roof doc Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean, R.S., CHO Director of Public Health Town of Barnstable Cc: Donna Larose, Owner of one of the condo units QAOrder letters\Housing violations\Rental ordinance\15 Oak Neck Road Common area roof doc i FORM30 CIW HOBBS&WARREN TM THE COMMONWEALTH OF MASSACHUSETTS BOARD OF - LTH rry S b(,e___ CITY/TOWN W eci ( tA,- 1 I� /� PARTME T go 0r' I.G�,... sk ti G M SVByW ADDRESS �p V p co ri � cTEgLEPHONE R Address �f \ _ Occu ant__I" A Floor Apartment No. No. of Occupants No.of Habitable Rooms No.Sleeping Rooms No.dwelling or rooming units--No.Stories ¢ _ �0 f� /-Try�,c c— Name and addre of o ner A \ 1� l a wA U. l r I/s� To 1A Re J �l 1 0 fA4e-S 4f-klA M 01 V- 7 7®A) Remarks Reg. Vio. YARD Out Bld s.: Fences: Garbage and Rubbish Containers: Drainage Infestation Rats or other: STRUCTURE EXT. Steps,Stairs, Porches: Dual Egress: and Obst'n.: ❑ B ❑ F ❑ M Doors,Windows: Roof ^A r- Gutters, Drains: Walls: Foundation: Chimney: o BASEMENT Gen.Sanitation: Dampness: Stairs: Li htin : STRUCTURE INT. Hall,Stairway: Obst'n.: Hall, Floor,Wall,Ceiling: Hall Lighting: 7 Hall Windows: HEATING Chimneys: Central ❑ Y ❑ N Equip. Repair TYPE: Stacks, Flues,Vents: PLUMBING: Supply Line: ❑ MS ❑ ST ❑ P Waste Line: H.W.Tanks Safety and Vent(s) ELECTRICAL Panels, Meters,Cir.: ❑ 110 I] 22U Fusing,Grnd.: AMP: Gen.Cond. Distrib. Box: Gen. Basement Wiring: DWELLING UNIT Ventil. L to . Outlets Walls Ceils. Wind. Doors Floors Locks Kitchen Bathroom -Pantry Den -Living Room Bedroom 1 Bedroom 2 Bedroom 3 Bedroom 4 Hot Water Facil. Sup.Ten.,Gas, Oil, Elect.: Stacks, Flues,Vents,Safeties: Kitchen Facilities Sink Stove-- _ Bathing,Toilet Facil. Vent., Plumb.,Sanit'n.: Wash Basin,Shower or Tub: e Infestation Rats, Mice, Roaches or Other.- Egress Dual and Obst'n: General Building Posted Locks on Doors: ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE AUTHORIZED INSPECTOR.(See Over) "THIS INSPECTION REPO,T IS SIGNED AND CERTIFIED UNDER THE PAINS AND PENALTIES 10 RJ —< INSPECTOR TITLE [, c'1-� ' DATE_ I TIME /®� P.M. A.M. THE NEXT SCHEDULED REINSPECTION P.M. 410.750: Conditions Deemed to Endanger or Impair Health or Safety The following conditions, when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of a person or persons occupying the premises.This listing is composed of those items which are deemed to always have the potential to endanger or materially impair the health or safety, and well-being of the occupants or the public. Because Chapter 11, 105 CMR 410.100 through 410.620 state minimum requirements of fitness for human habitation, any other violation has the potential to fall within this category in any given specific situation but may not do so in every case and therefore is not included in this listing. Failure to include shall in no way be construed as a determination that other violations or conditions may not be found to fall within this category. Nor shall failure to include affect the duty of the local health official to order repair or correction of such violation(s) pursuantJo 105 CMR 410.830 through 410.833 nor shall failure to include affect the legal obligation of the person to whom the order is issued to comply with such order. (A) Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot and cold,to meet the ordinary needs of the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer. (B) Failure to provide heat as required by 105 CMR 410.201 or improper venting or use of a space heater or water heater as prohibited by 105 CMR 410.200(B) and 410.202. (C) Shutoff and/or failure to restore electricity or gas. (D) Failure to provide the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253 and the lighting in com- mon area required by 105 CMR 410.254. (E) Failure to provide a safe supply of water. (F) Failure to provide a toilet and maintain a sewage disposal system in operable condition as required by 105 CMR 410.150(A)(1)and 410.300. (G) Failure to provide adequate exits, or the obstruction of any exit, passageway or common area caused by any object, including garbage or trash, which prevents egress in case of an emergency 105 CMR 410.450, 410.451 and 410.452.. (H) Failure to comply with the security requirements of 105 CMR 410.480(D). (1) Failure to comply with any provisions of 105 CMR 410.600, 410.601 or 410.602 which results in any accumulation of gar- bage, rubbish,filth or other causes of sickness which may provide a food source or harborage for rodents, insects or other pests or otherwise contribute to accidents or to the creation or spread of disease. (J) The presence of Ieadbased paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public Health Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000. (See M.G.L. c. 111 @@ 190 through 199.) (K) Roof, foundation, or other structural defects that may expose the occupant or anyone else to fire, burns, shock, accident or other dangers or impairment to health or safety. (L) Failure to install electrical, plumbing, heating and gas-burning facilities in accordance with accepted plumbing, heating, gas-fitting and electrical wiring standards or failure to maintain such facilties as are required by 105 CMR 410.351 and 410.352, so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment to health or safety. (M) Any defect in asbestos material used as insulation or covering on a pipe, boiler or furnace which may result in the release of asbestos dust or which may result in the release of powdered, crumbled or pulverized asbestos material in violation of 105 CMR 410.353. (N) Failure to provide a smoke detector required by 105 CMR 410.482. (0) Any of the following conditions which remain uncorrected for a period of five or more days following the notice to or knowledge of the owner of said condition or conditions: (1) Lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a stove and oven or any defect that renders either inoperable. (2) Failure to provide a washbasin and shower or bathtub as required in 105 CMR 410.150(A)(2)and 410.150(A)(3)or any defect which renders them inoperable. (3) Any defect in the electrical, plumbing or heating system which makes such system or any part thereof in violation of generally accepted plumbing, heating, gasfitting, or electrical wiring standards that do not create an immediate hazard. (4) Failure to maintain a safe handrail or protective railing for every stairway, porch balcony, roof or similar place as required by 105 CMR 410.503(A)and 410.503(B). (5) Failure to eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550. (P) Any other violation of 105 CMR 410.000 not enumerated in 105 CMR 410.750(A)through (0)shall be deemed to be a con- dition which may endanger or materially impair the health or safety and well-being of an occupant upon the failure of the owner to remedy said condition within the time'so ordered by the Board of Health. i 199 Barnstable Road Hyannis,MA 02601 (5M)775-1778 Fax(508)775-1350 Email—sprink@comcast.net Website address:vaww.sorinklehomecom Oak View Condos P.O. Sox 1204 Hyannis, MA 02601 506 432-3133 October 27, 2011 Aft: Tom Benton Ike: Facades CONTRACT e Patch all holes in 6 facades as well as to soffit abutting facades. e Apply Typar Climate Defense system over existing T-111 of 6 facades. ® Install vertical siding panels to all 6 facades. w, a e Color Selected: E C Note: Does not include soffit panels to underside of facades. Contract Amount Con —$4,960.00 Deposit-$1,656.00 Mart-$1,655.00 r Upon Completion —$1,650.00 AGREED CONDITIONS 1. Homeowner agrees that payment will be made in accordance with the terms specified herein. 2. Overdue.balances will bear interest at the rate of 1.5%per month(Annual percentage rate). 3. Homeowner will pay lawful collection expenses, including reasonable legal fees incurred by the Contractor as a result of the Homeowner's failure to comply with payment terms. 4. Contractor is not responsible for existing conditions of residence. 5. Contractor is not responsible for damage to such items as,but not limited to: sidewalks; driveways; Patios;lawns;shrubs; sprinklers;and other such appurtenances. However,reasonable care will be taken. 6. For inside remodels(i.e. additions,kitchen&bath,basements,etc.), we will take reasonable care to keep construction related dust and dirt to a minimum,however,homeowner will be responsible for their own house cleaning at end of project. Contract: 12,893 RIGHTS TO CANCEL The Owner may cancel this Agreement if it has been signed by the Owner at a place other than the address of the Contractor,which may be his main office or branch thereof,provided that the Owner notifies the Contractor in writing at his main office,or branch by ordinary mail posted, by telegram sent or by delivery,not later than midnight of the third business day following the signing of this Agreement. WARRANTIES The Contractor warrants that the work furnished hereunder shall be free from defects in workmanship for a period of two(2)years following completion and shall comply with the requirements of this Agreement. In the event any defect in workmanship,or damage caused by the Contractor,his subcontractors,employees or agents, is discovered within two years after completion of any job,including clean-up,the Contractor shall,at his own expense,forthwith remedy,repair,correct,replace,or cause to be remedied,repaired,or replaced such damage or such defect in workmanship as long as the owner has paid their agreed contract in full. The foregoing warranties shall survive any inspection performed in connection with the agreed upon work. All warranties for product supplied by the Contractor under this Agreement shall be those given by the manufacturers of such product,which shall be and hereby passed directly to the Owner. Such,manufacturer's warranties,the Owner may be required to register or mail in a warranty card or other evidence of ownership and use of such product in order to activate such warranties. The Owner's failure to send in or register such documentation,which failure voids that manufacturer's warranty, shall not create any responsibility for the Contractor to warranty such product. Dote: Any changes in the contract during the duration of the project which results in additional monies due will be paid in full to the contractor at the time of the change. I authorize Sprinkle Home Improvement to act on my behalf in all matters relative to the work to be performed on this job(i.e.permits, applications etc.)if necessary. 0121111 Ec:�Zl 2-7/ Oak View Condos /Agent ate Brad Sprinkle Y Date Registration number: 103757 { � a�� ���� sa � . C.�o�� � �' �v �/9 s E Sep 14 11 10:24a Factoryuser 508-432-4971 p..1 4 GreWWestem R H rwich,MA 02645 a - Cod Braided 505-432-3133 Rug Company Capedrug.cam Tog r Fnons Phone: Datimd f ©unjent d For Rovk w-z- ❑Please Comment ©Please Reply 0 Please Recycle ' • cam. _ P/20o StIZ�.. btz�2 . f . ?rZ.( -ems' Dad MAIJ S"Z srDpr r ,4 so CO A)OOs . 0 . Sep 14 11 10:25a Factoryuser 508-432-4971 p.2 A)i•Yic ilding Services BUILDER INSPECTIONS RENOVATIONS CONSULTATIONS P.O. Box 641 WEST BARNSTABLE, MA 02668 (508) 428-1 500 • 1-888-428-1 500 DATE / r2 2-- INVOICE No. I a A_, `? VVV QV PAZ 1 Pa- Ara 257��6,et Miorandi, Donna From: McKean, Thomas Sent: Wednesday, August 03, 2011 11:41 AM To: Miorandi, Donna Subject: Oakview Condominium Pool/ Empty Pool Please investigate the complaint regarding the swimming pool sometime this week and determine whether or not there are any public health violations. If there are any violations, please send an order to the association and cc Wayne Miller M.D. i II r t 1 r- Town of Barnstable tNE t Regulatory Services gar Thomas F. Geiler,Director rity BARN � . * Public Health Division I I S I �Y 9`bA ' �•� Thomas McKean, Director fD MA' r 2007 200 Main Street Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 August 10, 2011 Mr. Thomas Benton, Trustee Oak View Condominium Trust 75 Olde Homestead Drive Marstons Mills, MA 02648 NOTICE TO ABATE VIOLATIONS OF 105 CMR 435.00,MINIMUM STANDARDS FOR SWIMMING POOLS (STATE SANITARY CODE, CHAPTER V) AND MASSACHUSETTS GENERAL LAWS, CHAPTER 111,SECTIONS 127A On July 14, 2011 and August 3, 2011 an inspection.of the pool located at 15 Oak Neck, Road, Hyannis, MA and known as Oak View Condominiums, was inspected by Donna Z. Miorandi, R.S., Health Inspector for the Town of Barnstable, as the result of a complaint. Based on the results of that inspection, The Barnstable Health Department finds that the pool does not comply with the provisions of 105 CMR 435.00. Specifically, 105 CMR 435.38: General Sanitation states, "All swimming, wading and special purpose pools and bathhouses, grounds and appurtenances shall be maintained in good repair and in a safe and sanitary manner". The cover on the pool is worn thin and as a result has many holes in it and is collecting much detritus on and below the pool cover. The pool is therefore able to collect rainwater resulting in an underground terrarium and harborage for rodents, both alive and dead. This condition may result in the transmission of disease from animals and insects to humans. In addition, the resultant stagnant water in the pool becomes a prime area for mosquito breeding. This situation in a residential neighborhood may become serious. The provisions of Massachusetts General Laws: Chapter 11, Section 127A state that"public health regulations to be known as the state sanitary code,may provide penalties for violations thereof not exceeding five hundred dollars for any one offence or not more than twenty-five thousand dollars. The code shall deal with matters affecting the health and well-being of the public in the commonwealth in subjects over which the department takes cognizance and responsibility, including, but not limited to,standards of fitness for human habitation and standards for swimming pools. Said code may provide for the demolition, removal, repair or cleaning by local boards of health of any structure which Q: order letters-pool closure-15 Oak Neck Road, Hyannis.doc i so fails to comply with the standards of fitness for human habitation or other regulations in said code, as to endanger or materially impair the health or well-being of the public. Said code shall designate those conditions which, when found to exist upon inspection of residential premises, shall be deemed to endanger or materially impair the health or safety of persons occupying the premises". You are directed to correct this violation by September 12,2011. Any person or persons to whom any order has been served pursuant to 105 CMR 435.00 may request a hearing before the Board of Health by filing within seven days after the order was served, a written petition requesting a hearing on the matter. If a written petition for a hearing is not filed in the office of the Board of Health within seven days after an order has been issued, each day's failure to comply with the order as issued or modified shall constitute an additional offense. PER O •DER OF THE BOARD OF HEALTH D 6E3 Thomas A. McKean, R.S. Director of Public Health Town of Barnstable Cc: James P. Connors, Atty. Dr. Wayne Miller, Chairman of the Board of Health CERTIFIED MAIL: 7011 0470 0001 4525 5624 � 4 Q: order letters-pool closure-15 Oak Neck Road, Hyannis.doc ILI -�- 2-3 32N cAd c ,t, �P 9. 98«x'730 QA�d2(02630 (508) 744. /5/3 *C !aa �508>. -7770 �NmaiCc�u;°'i -� rs�r�c¢sLcorm July 22, 201.1. Town of Barnstable Board of Health - 200.Main Street Hyannis,MA 02601 Re: Request for Hearing August 23, 2011 Dear Board of Health, Please be advised that I represent Ms. Donna LaRose who owns a condominium located in Hyannis at Oak View. The basis for the hearing request is as follows: 1. The swimming pool is in such a condition that it is a breeding ground for mosquitos which brings Frith it-West Nile Virus, Eastern Equine Encephalitis virus (EEE), and other health hazards.. 2. The swimming pool and surrounding facilities are an attractive nuisance, are a cause of foul odors, and is a place where dead and decaying animals and other forms of detritus have accumulated: 3. The swimming pool and surrounding facilities are a safety hazard to both people and animals. 4. The building facilities have become a haven for chewing rodents and other wildlife that are a safety concern, including a fire hazard to the residents at the condominium complex as well as causing a substantial health risk to its occupants. I kindly ask that you schedule a hearing for August 23, 2011 at.3:00 pm. Ve truly yours, awes P. Connors cc: Donna LaRose 1 0 Certified Mail#7006215000021038 43 s�rati Town of Barnstable (t/L� 11 Regulatory Services IARNSTAHLE, • 9� 6�S. `erg Thomas F. Geiler, Director """�A Public Health Division . Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 July, 29, 2008 Nafsika Mitrokostas PO Box 260 South Yarmouth, MA 02664 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II — MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE CODE CHAPTER 170. The property owned by you located at 15 Oak Neck Road, Hyannis was inspected on 07/28/2008 by Jamie Cabot, Health Inspector for the Town of Barnstable. This inspection was conducted on the basis of the rental registration in accordance with Chapter 170 of the Town of Barnstable Code. The following violations of the State Sanitary Code were observed: 105 CMR 410.351 —Plumbing Conditions Garbage Disposal does not work, dishwasher has objectionable odor and backs up into sink 105 CMR 410.190—Hot Water Water temperature tested at 100 -F, must reach 110-F 105 CMR 410.550—Vermin Control Mice droppings under stove, occupant of dwelling shall keep unit free of rodents. You are directed to correct the violations listed above within 24 hours of your receipt of this notice by: Eradicating rodents from unit You are directed to correct the violations listed above within 7 days of your receipt of this notice by: Repairing garbage disposal and dishwasher QAOrder letters\Housing violations\Rental ordinance\Address.doc You are directed to correct the violations listed above within 30 days of your receipt of this notice by: adjusting water temperature so that it is reaches between 110-F and 130- F You may request a hearing before the Board of Health if written petition requesting same is received within ten (10) days after the date the order is served. Non-compliance will result in a fine of $100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection.. PER ORDER OF TH BOARD OF HEALTH - Thomas A. McKean, R.S., CHO QAOrder letters\Housing violations\Rental ordinance\Address.doc SENDM COMPLETE • •MPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sign t item 4 if Restricted Delivery,is desired. ' Agent ■ Print your,name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Dat of Pblivery s Attach this card to the back of the mailpiece, Qi , 6 or on the front if space permits. D. Is delivery address different from item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No OWL- \�-\ (-b N&t' -T C V S� �i O Sax 12akA 3. Service Type '1 H1 certified Mail ❑Express Mail ❑Registered kRetum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (rnwsfarfiomsevfoelabel) F 7006 0810 0000 3524 8042 Return Form 3811;February 2004 Domestic Retu Receipt 102595-02-M-1540 i i UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid, - USPS Permif No.Cr10 j Sender: Please print;your name,address, and ZIP+4 in this box,• COMPLETE •N COMPLETE THIS SECTION ONDELIVERY ■ Complete items 1,2,and 3.Also complete A. Sign re Item 4 if Restricted Delivery is desired. ❑Agent. ■ Print your name and address on the reverse X � C3 Addressee so that we can return the card to you. B. Received by(Printed Name) C. a Dat of Delivery ■ Attach this card to the.back of the mailpiece, /l j or on the front if space permits. D. Is delivery address different from item 1? ❑ es 1. Article Addressed to: If YES,enter delivery address below: ❑No �iw_D oX z oLk 3. Service Type ®Certified Mail ❑Express Mali ❑Registered- ®Retum Receipt for Merchandise ' ,q .❑Insured Mail ❑C.O.D. 4. Restricted Delivery' Xdm Fee) ❑Yes 2. Article Number 0� I 1 I! 7;pO6� O87,p 00 352,4;�77484� � j L ransfer from seMce tabu orm 3811,February 2004 Domestic Return Receipt 1025s5-62-M•i540 �i UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.0-10 i • Sender. Please printyour name,address; and ZIP+4 in.this box.• j i I --Tbw 0b� �ac�sb lA tub I i i ilis.►,�itii�ii�olG)l111ii,iIiiil11 Jim)J1-11111I !IliliAll a Certified Mail#7006 0810 0000 3524 7779 Town of Barnstable Regulatory Services BAMSFABLE. v� MASS. ,erg Thomas F. Geiler, Director �""�' Public Health Division Thomas McKean, Director 200 Main Street,Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 December 15, 2006 Oak View Condo Trust P.O. Box 1204 Hyannis, MA 02601 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II — MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE CODE CHAPTER 170. The property owned by you located at 15 Oak Neck Road, Hyannis, was inspected on December 8, 2006 by Donald Desmarais, R.S. and Timothy O'Connell, Health Inspectors for the Town of Barnstable. This inspection was conducted on the basis of a complaint received by our department. The following violation(s) of the State Sanitary Code were observed: 105 CMR 410.500—Owner's Responsibility to Maintain Structural Elements: Observed rug in common hallway that had holes in it which could impede egress from property in emergency situations. Rug also had ground in filth which had a strong foul odor. 105 CMR 410.750(P)—Conditions Deemed to Endanger or Impair Health or Safety: Observed common area (recreation room) with rug in disrepair along with hazardous materials stored improperly. The following violation(s) of the Town of Barnstable Code were observed: There were no Town of Barnstable Code violations. QAOrder letters\Housing violations\Rental ordinance\15 Oak Neck Road.doc r You are directed to correct the violations listed above within thirty (30) days of your receipt of this notice by fixing or replacing rug in common hallway area; by replacing rug in recreation room common area; by storing hazardous materials outside in shed or by storing them inside in a flammable storage cabinet. You may request a hearing before the Board of Health if written petition requesting same is received within ten (10) days after the date the order is served. Non-compliance will result in a fine of $100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection. PER ORDER F T BOARD OF HEALTH Thomas A. McKean, R.S., CHO Director of Public Health Town of Barnstable Cc: Donald Desmarais, R.S., and Timothy O'Connell, Health Inspectors II QAOrder letters\Housing violations\Rental ordinance\15 Oak Neck Road.doc L C �41 Certified Mail#0000 0000 0000 0000 0000 Town of Barnstable aRegulatory Services MASppQ. Thomas F. Geiler,Director Public Health Division Thomas McKean,Director 200 Main Street, Hyannis, NIA 02601 Office: 508-862-4644 Fax: 508-790-6304 date name _y6address ' ci ,state,zip O NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000 STATE SANITARY CODE 11 — MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE CODE CHAPTER 170. The property owned by you located at 15 O A-K (&-lf� was inspected On (� / / 0 6 b U J� (Address) y � • �-S> , Health Inspector for the Town (date) (Inspector's ame) of Barnstable, (Reason for inspection) The following violation(s) of the State Sanitary Code were observed: State code violation number-violation description) 105 CMR 410. 660 - V 105 CMR 410: �U1rL� - . I - Q:\Order letters\Housing violations\Rental ordinance\template.doc r; 105 CMR 410. The following violation(s) of the Town of Barnstable Code were observed: (Town code violation number-violation description) §170-_- §170-_- You are directed to correct the violations listed above within. ( 3d ) days (written#) (#) of your receipt of this notice by — ,w n i C�� r e You may request a hearing before the Board of Health if written petition requesting same is received within ten (10) days after the date the order is served. Non-compliance will result in a fine of $100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation. Should you have any questions regarding the above violations, please contact the Town Health Division and ask to speak with the inspector who performed the inspection. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean, R.S., CHO Director of Public Health Town of Barnstable Cc: (Name,tenant,owner,Fire Dept.,Building Dept....) Cc: 0 (Health inspector's name) (Generic codes located at QAOrder letters\Housing violations\Rental Ordinance\GENERIC CODES.DOC) QAOrder letters\Housing violations\Rental ordinance\template.doc Timothy B. O'Connell Health'Inspector ' FZHE T P° °''tia Town of Barnstable Department of Regulatory Services RAMsTasm L PUBLIC HEALTH DIVISION Mass 03 200 Main Street,Hyannis,MA 02601 ��fO MP�1► Tel: (508)862-4644 Office Hours: I Fax:(508)790-6 n� health@town.baable.ma.us 8-9:30 Timothy.aConnell@town.bamstable.ma.us 3:30-4:30 i M A lc ol �t { atp kb Date: TOWN OF BARNSTABLE TOXIC AND HAZARDOUS MATERIALS ON-SITE INVENTORY NAMEOFBUSINESS: 5PfiRe0IVb CL.6A1vi1y6 <�CEVrce BUSINESS LOCATION_: IS 66 k A&cK 3-5 -13 INVENTORY MAILING ADDRESS: IPA TOTAL AMOUMT- TELEPHONE NUMBER: St)k ` `71- ` 935 CONTACT PERSON: grNp+c_ Gomes EMERGENCY CONTACT TELEPHONE NUMBER: 50.F: MSDS ON SITE? TYPE OF BUSINESS: +e-ruin ou e h INFORMATION/RECOMM NDATIONS: Fire District: Waste Transportation: Last shipment of hazardous,waste: Name of Haulers Destination: Waste Product: Licensed? Yes No NOTE: Under the provisions of Ch. 111, Section 31, of the General Laws of MA, hazardous materials use, storage and disposal of 111 gallons or more a month requires a license from the Public Health Division. LIST OF TOXIC AND HAZARDOUS MATERIALS The Board of Health and the Public Health Division have determined that the following products exhibit toxic or hazardous characteristics and must be registered regardless of volume. Observed/Maximum Observed/Maximum .. Antifreeze (for gasoline or coolant systems) _ Misc. Corrosive _ NEW USED Cesspool cleaners Automatic transmission fluid Disinfectants Engine and radiator flushes Road Salts (Halite) Hydraulic fluid (including brake fluid) Refrigerants Motor Oils Pesticides NEW USED (insecticides, herbicides, rodenticides) Gasoline, Jet fuel, Aviation gas Photochdmicals (Fixers) Diesel Fuel, kerosene, #2 heating oil NEW USED Misc. petroleum products: grease, Photochemicals (Developer) lubricants, gear oil NEW USED Degreasers for engines and metal Printing ink Degreasers for driveways & garages Wood preservatives (creosote) Caulk/Grout Swimming pool chlorine Battery acid (electrolyte)/Batteries Lye or caustic soda Rustproofers Misc. Combustible Car wash detergents Leather dyes Car waxes and polishes Fertilizers Asphalt & roofing tar PCB's Paints, varnishes, stains, dyes Other chlorinated hydrocarbons, Lacquer thinners (inc. carbon tetrachloride) NEW USED Any other products with "poison" labels Paint &varnish removers, deglossers (including chloroform, formaldehyde, Misc. Flammables hydrochloric acid, other acids) Floor &furniture strippers Other products not listed which you feel Metal polishes may be toxic or hazardous (please list): Laundry soil & stain removers / 1 (.�liYl�l'0(vs c�t°�ryr,irt�i►va�., dl�si��eeTc ,�s p1 (including bleach) Ir Spot removers &cleaning fluids 01 (dry cleaners) Other cleaning solvents Bug and tar removers Windshield wash WHITE COPY-HEALTH DEPARTMENT/CANARY COPY-BUSINESS THE TOWN OF BARNSTABLE Bpi T�4 ��P w�♦� OFFICE OF I is Hsaa9TeHL i BOARD OF HEALTH � MA6d p� 0o 1039• �� 367 MAIN STREET �OMAI HYANNIS, MASS.02601 September 24, 1992 Lilian Downes 15 Oakneck Road, #22 Hyannis, MA 02601 Dear Ms. Downes: I am in receipt of your letter dated September 3, 1992. I am sorry to hear of the loss of your husband, Henry Downes. The Board of Health is sympathetic to the situation at the Oakneck Condominiums but because of several near-drowning incidences which occurred at motels and condominiums over the years, the Board requires lifeguards at all semi-public pools. Also, the State Sanitary Code includes condominium pools within the "semi-public" definition. Therefore, the Board of Health cannot classify the Oakneck Condominium pool as private. This would conflict with the State Regulations. Sincerely yours, Brian R. Grady foiQ Joseph C. Snow BOARD OF HEALTH TOWN OF BARNSTABLE BRG/bcs LDOWNES ?5 (yak Neck Road Hyannis, Mass . November 15, 1991 Thomas McKean, Dir. of Public Health Barnstable Health Dept. P. o. sox 534 Hyannis, Mass. Dear Mr. McKean: Attached you will find a re:c...ent article published in the Cape Cod Times November 11 r 9l written by Paul Gauvin, Staff Writer, in reference to our pool. In his final paragraph you werel quoted as saying that there was hope if we did certain things . Our pool at: 15 Olak Neck Road, Hyannis has been in operation for the past 12 years and has had no incident. We have co-insured the town for liabilift"for one million dollars for the past three years . We have posted the rules and regulations reg.arding the operation of the pool on the fence as you enter the pool area. `;rlith, the exception of a swimmer or a lifeguard, we have done everything as required and now ask for .either a variance, or a right to operate the pool under a "Grandfather Clause". We would appreciate- an early reply to this request since we would like to make plans for the coming summer of 1'92. Sincerely yours, Mr. Max Kr er enc. J`�� MONDAY,NOVEMBER 11, 1991 CAPE COD TIMES/84 r er s Condo owners cool on ,pool r e lations By PAUL GAUVIN sider this a private pool that should Several condominium complex- those incidents in 1988.We haven't STAFF WRITER be exempt from the regulation re- es, including Kramer's, have ap- had any incidents like that since quiring a lifeguard. For two years pealed for relief from the health then, so I feel the regulation may HYANNIS — Max Kramer could we opened the pool for part of the board requirement. "They asked be saving lives. Without a life- not believe his good fortune. Ten day and paid our share of the near- for variances," McKean said, "but guard,swimmers are vulnerable." years ago,at the urging of two sis-, ly$5,000 in extra condo fees need- they weren't granted." ' But McKean held out hoe"for ters living in Yarmouth,he came to ed to hire the lifeguards. But then The town might be liable if a p unit owners in small condominium the Cape from Winthrop and found only seven out of 17 unit owners drowning victim s family sued be- complexes with pools. "a retirement condominium that de- wanted to keep paying the extra cause the town did not enforce its lighted him and his wife,Ann., fee.That made it too expensive,so rules,he said. Fthis ay condo units of about�the It was practically in the midst of last summer we closed the pool," He said future requests for var- ze did a 10-year surveyithat downtown Hyannis. Best of all, it Kramer said. , iances would likely be denied un- no drowning incidents, had a pool. Tom McKean, director of public less applicants could provide new they were willing to coin- "My wife and I love to swim," 'health for the town,said the board information about condominium town for liability of about Kramer.said, "and when we saw of health implemented lifeguard complexes'safety records. n,the board might consid- 'this unit on Oak Neck Drive,just in rules on condominium complexes "I feel good about these regula- ew information," McKean back of Urano's restaurant, it was in 1988 after two near-drownings tions;" McKean said, "in view of just like the one we had in Win- involving children, one at a motel throp,with a pool outside the door. pool, the other at a condominium That similarity is what made us pool. buy this unit,"he said. McKean said state law makes a For seven years,Kramer and his clear distinction between private, wife plunged into the joys of retire- public and semi-public pools and ment at their outdoor pool. Mr. the regulations that apply to them. Kramer even landed a part-time Lifeguards are not needed for job selling shoes at Puritan Cloth- pools at private homes,he said. ing Co. on Main Street,just a few However, after the near drown- blocks away, a job he still holds at ings, McKean said, the health 76• board reviewed all its pool certifi- But while he may still be work- cates and applied the lifeguard law ing,there is no more swimming in to all pools designated public and the pool, because the Barnstable semi-public under state codes. Board of Health decided three "The state regulations say condo years ago that swimming would be pools are in the semi-private cate- allowed only if a certified lifeguard .gory," McKean said, "so they fall or accomplished swimmer was at under the jurisdiction of the health poolside. board requirement that lifeguards ."There's only 17 units in this or trained swimmers be present.. condo," Kramer said, "so we con- and paying attention." a ti B ENTERMAINMENT CAPE COD ' TIMES,MONDAY,NOVEMBER 11,1991 cansaveH Stars t arvar Yard'. Jason Robards Judith Ivey fine, Sweet r cede p, but her slovenly wi especially a living room fille� manner perfectly masks the wom- with books. an'but Israel Horovit play 1Nea1c Live intelligence and highly sensi- Both s. performers rise to th tivDirectogZoe Caldwell moves the play's touching final moments tha play at minimum speed, but she bring the evening to a teary conclu By MICHAEL KUCHWARA has Miss Ivey doing all kinds of sion.Yet,its not enough.. THE ASSOCIATED PRESS REVIEW tasks ironing shirts, cooking soup,boiling water.The four-level NEW YORK — Your tolerance pedantic, highly educated teacher set by Ben Edwards is atmospher- for "Park Your Car in Harvard and housekeeper. Yard" will, I suspect, depend on They fight cute. The teacher ' •'our affection for its stars, Jason wears a hearing aid which is for- utumn •-- . f Jazz Series . Enjoy the Best LIVE JAZZ Every Monday Night with the I Joe Delaney Ensemble at the East End Grille from 8 pm to Midnight NO COVER EVER! . I i I a iI �� obL fI , � � I � if � � � � ' � � � �� � � i �__. � � � I i � � i I � � � � �� I i j I , � � � ; ; , � � � � i f � j � i � . � � � � i I ) � � I F . 1 � r � I ! � i � � ; I i � � `'� , ) I �. i - � I i 1I , a I I � � � � i � I � � � � I � � � � � � � � . 1 i I � ' � � � I i � f I I l , TOWN OF BARNSTABLE �O<TH E r�4 OFFICE OF Z 9AUSMUL 3 BOARD OF HEALTH MAD& A i639• ��� 367 MAIN STREET 'EDMPY k' HYANNIS, MASS.02601 February 12, 1992 Mr. Henry Downes 159 .Lower Morden Lane MORDEN SURREY SM4 4SP ENGLAND Dear Mr. Downes, Mr. Norman Fiedler came to a recent meeting of the Board of Health and told of your decision to return home to England for medical treatment. We hope that all is going well with your treatments and that you will soon feel well enough to return to Cape Cod. Our town attorney has indicated t Board modificat modificationHealth of the,lifeguard rule.unwise Waivers grant a waiver from the requirements for are granted from regulations, when it is demonstrated that the same degree of protection can be achieved in some other way. The posting of a sign at a swimming pool, stating that there is no lifeguard on duty. does not give the same degree of protection that the presence of a qualified swimmer would provide. Therefore, if a waiver were granted from the modification requirements and if there were a drowning accident at your pool, the Board of Health would have difficulty in explaining the rationale of its action. However. there may be a solUtion to the dilemma of the pool. I have ,just received a letter from Kathleen M. Mahan. She states that "we are sure that we could police it to your satisfaction". If she will become certified in CPR, then she can be your qualified swimmer assuming that she can pass the simple swimming test. That would then allow swim pool to be opened and other residents could swim when she was present. With only three or four other qualified swimmers, I suspect that the pool could be used almost all of the time. It goes without saying that one should never swim alone. under any circumstances. It would also be necessary to have the one million dollar liability insurance policy with the Town of Barnstable as the co-insured. It isstill several months before outdoor swimming pools will be usable and T am certain few of the residents to take CPR training. I suspect that there is plenty of time fora that all or almost all of your owners could pass the swimming test. A letter is being written to Kathleen Mahan and I will enclose a copy of that letter. Copies will also be sent to Mr. Fiedler. Sincerely yours, Joseph C. Snow, M.D. Chair man Barnstable Board of Health cc: Norman Fiedler Kathleen Mahan TOWN OF BARNSTABLE Bpi THE Taw OFFICE OF Baaa9TAM i BOARD OF HEALTH MMd p� t6J9• `em 367 MAIN STREET 'Ep MA(k• HYANNIS, MASS.02601 Ms. Kathleen Mahan February 11, 1992 205 Independence Ave. #225 Quincy, Ma. 02169 Dear Ms. Mahan, i The Board of Health is in receipt of your letter dated February 3, 1992. We would like to give you a chance to police the pool to the Board's satisfaction. However, to date, nobody from Oakview Condiminiums has presented any plan which would provide the same amount of protection as the modification requirements. We strongly feel the person who will police the pool shall be certified in CPR, who is familiar with life saving equipment, and who can pass a short swimming test, to be present at the pool site anytime the pool is open. One should never swim alone anyhow. I 'm sure you would agree with that. A letter has been written to Mr. Downes; I am enclosing a copy of this letter for your information. Sincerely yours, Joseph C. Snow, M.D. Chairman BOARD OF HEALTH TOWN OF BARNSTABLE 'gyp February 3, 1992 Joseph C. Snow, M.D. Chairman Board of Health Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: #22 Oakview Condoninium — Swimming Pool Dear Dr. Snow: I have very closely and with much interest followed the correspondence between the Town of Barnstable and Mr. Downes of Oakview Condominiums regarding the need for a life guard at our pool. My sister and I purchased a unit at the above condominium in the summer of 1989 mainly because of the swimming pool. To our dismay the pool did not open in the summer of 1989 but did open the following year. It was wonderful to walk out the door and have a nice pool to go to. The following year the Board of Directors decided it was too expensive to open the pool if we needed a life guard. Then Mr. Downes moved in and really took an interest in this problem. He has spent many hours on this situation. I live in a condo (80 units) in the City of Quincy. Quincy has- the same specifications as Barnstable but condos have been given a waiver because we are considered private. We do have a sign stating that no life guard is on duty. There are many condos in Quincy and all have received this waiver. My sister lives in Malden and her condo also has this waiver. We love Hyannis and our condo and spend time in both summer and winter down there. We would really love the pool area opened not only. for swimming but just to sit and read or get to know our neighbors. We only have 17 units in the building and we are sure we could police it to your satisfaction. Please, just give us a chance to show what we can do. Thank you for your courtesy and we look forward to a reply. Sincerely, Kathleen M. Mahan 205 Independence Ave, #225 Quincy, MA 02169 F cc: Mr. Downes - r Thomas A. McKean (Director of Public Health) February 3, 1992 Joseph C. Snow, M.D. Chairman Board of Health Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: #22 Oakview Condoninium - Swimming Pool Dear Dr. Snow: I have very closely and with much interest followed the correspondence between the Town of Barnstable and Mr. Downes of Oakview Condominiums regarding the need for a life guard at our pool. My sister and I purchased a unit at the above condominium in the summer of 1989 mainly .because of the swimming pool. To our dismay the pool did not open in the summer of 1989 but did open the following year. It was wonderful to walk out the door and have a nice. pool to go to. The following year the Board of Directors decided it was too expensive to open the pool if we needed a life guard. Then Mr. Downes moved in and really took an interest in this problem. He has spent many hours on this situation. I live in a condo (80 units) in the City of Quincy. Quincy has the same specifications as Barnstable but condos have been given a waiver because we are considered private. We do have a sign stating that no life guard is on duty. There are many condos in Quincy and all have received this waiver. My sister lives in Malden and her condo also has this waiver. We love Hyannis and our condo and spend time in both summer and winter down there. We would really love the pool area opened not only for swimming but just to sit and read or get to know our neighbors. We only have 17 units in the building and we are sure we could police it to your satisfaction. Please, just give us a chance to show what we can do. Thank you for your courtesy and we look forward to a reply. Sincerely, Kathleen M. Mahan 205 Independence Ave, #225 Quincy, MA 02169 cc: Mr. Downes Thomas A. McKean (Director of Public Health) #22, Oak View Condominiums, 15, Oak Neck' Road, Hyannis, t MA 02601. Thomas A Mckean, 8 November 191 . The Town of Barnstable, Office of the Board of Health,- P.O. Box 534, Hyannis, MA 02601. Dear Mr. Mckean, I enclose a copy of my letter of the 8th November sent to Dr. Snow together with a further copy of my letter of the 4th Sept. 191 previously sent to Ms . Eshbaugh and yourself, Yours n rely, - t . DO ES. Trustee, Oakview Condominiums. 3 #22, Oak View Condominiums, 15, Oak Neck Road, I-Iyanni s, MA 02601 . Joseph C. Snow, .M.D. (Chairmah) , The Town of Barnstable, Office of the Board of Health, P.O. Box 534, Hyanrri s, MA 02601. 8 November 191. Dear Dr. Snow, Re:- Operation of swimming pool at Oakview Condominiums, 15 Oak Neck Rd. , I understand that you have now succeded �Ms. Ann- Jane Eshbaugh as Chairman of the Board of Health, and I am taking the liberty of en- closing a further copy of my letter dated 4th Sept 191 which was sent to Ms. Eshbaugh, to yourself, and also to Ms . Rask and Mr. Mckean. I have not had a reply to the letter or even an acknowledge- ment and I am respectfully asking that you will kindly look into the matter for me. The general theme of my letter is that I consider that the lifeguard rule has been rigidly imposed upon us with no regard to the financial impact and hardship which it undoubtably has. Reference to the 5th paragraph of my letter of the 4th Sept. sums up the situation, and I earnestly urge you to please read through my letter once again in detail. For such a small condominium-, I consider that a waiver to the lifeguard rule could be granted on its merits - even for say 1 . or 2 years, bearing in mind that the pool was operated for years without a lifeguard and there were no mishaps. As ,you will have seen I am very anxious to have something with which to appease the unit owners before next summer. I look forward to your reply, . Ardiere1y, Copies ton1. Susan G. -Rask. ✓ 2. Brian Grady. Trustee, 3. Thomas A... McKean(Director of Oakview Condominiums. Public Health) f Ms. Ann Jane Eshbaugh (Chairman) , #220 Oak View Condominiums, The Town of Barnstable, 159 Oak Neek Road, Office of the Board of Health, Hyannis, 367, Main. Street, MA 02601. Hyannis. MA 02601, 4 September 191. Dear Ms. Eshbaugh, Re:- Operation of Swimming Pool at Oakview Condominiums, 15. Oak Neck Road, Hyannis. We are in receipt of the letter from the Board of Health datedJuly 29th 1991, addressed to Mr. Saunders, which is in connection with the above. Our swimming pool has been closed for the past 2 years and now this decision, that it must be attended by a lifeguard or qualified swimmer at all times of opening, will close the pool for all time. The reason is of course the cost. ' This condominium is owned by retired people, people who go out to work during the day time, and people who rent on a semi-permanent basis. There are only 16junits and there are no children. There are no holiday makers (as the three months minimum let precludes that) . The only guests one gets at the condominium are the normal relations or friends visiting for a day, as would be the case in any normal private house. If the private house had a swimming pool in the yard, surely the guests would not make the pool a semi public pool requiring a life guard? If the guests in our condo happen to come during the pool opening time they are deemed to be the ones requiring a life guard. They are only similar human beings and therefore, with respect, we believe that the rigid conditions of this rule cannot have been thought properly through, or the financial aspect considered. The people who go out to work want to swim before work, or in the lunch period, but mainly in the evening after work. For many hours the pool could be empty, but it means a lifeguard or swimmer is required for about 13 hours a day to cover all the possibilities of someone wanting to swim, at a cost in the region of $129000 minimum each season. We could barely raise $1,000 and so this is out of the question. The owners are appalled that a rule like this can close the pool and reduce the cost of their own unit by as much as $11,000 (Real Estate estimate) , especially when the only reason most of them bought the Condominium in the first place was the existance of the swimming pool. You can appreciate, I am sure, the predicament and hostile situation this rule puts us in as Trustees. One of the points most owners ut to me (and you can be sure they make a lot of noise about it� is the fact that 15 mins • 2 walk away there is a beach which is listed in the Barnstable brochure where anyone can swim, and a notice is posted that no lifeguard is provided. There are 4 other similar beaches listed. All other 15 beaches only have a lifeguard from 9am to 5pm, but people swine for many hours outside these times. This is very hard to take, when the rule for its is that a lifeguard must be present at all times that the pool is operated. It is also very hard to reconcile that a pool which would cost $409000 to build, has to lay idle and fall into dilapidation. You will see, I am sure, that as a Trustee assigned to deal with this matter I am in a very serious predicament, and one which is in danger of erupting at any time, unless the owners can see some way of using their swimming pool next year. This has been a wonderful summer and to see every day an empty pool for the second year running is extremely difficult for people to understand. We are trying to keep within the current rules, but I am told that very many condominiums operate with no regard for the lifeguard rule, and our owners resent this. We could be told that one of the owners could be trained as the resident swimmer, but we notice that the qualifications re— quired for a swimmer are almost similar to that of a lifeguard, and also this would not be practiable as any unpaid person would have very limited availability. In conclusion I will say that it would be our intention to have looped "grab ropes" all round the pool, a life ring on a long rope in case of emergency, and to display any notice which may be considered necessary. May we, with respect ask that our small condominium (and others like it) , be given special consideration in view of the considerable financial restraint this puts upon us. I feel obliged to repeat that this is a very serious problem as far as we are concerned, and one which will not go away. We do hope that it can be given your earnest reconsideration, respec, ] y, D - C/J H. DO ES. (Trustee, Oakview Condominiums) Copies to:- 1. Susan G. Rask. 2. Joseph C. Snow, M.D. 3. Thomas A., McKean. (Director of Public Health) . i Re:— Operation of swimming pool at Oakview Condominiums, F 15 Oakneck Road, Hyannis. , f Dear Mr. McKean, I attach a copy of my �letter of 4th. September 191, addressed to his. Jane Eshbaugh for your information, following the letter of July 29th from the Barnstable Board of Health, respectfu U9, H.DOIVNES. (Trustee, Oakview Condominiums. ) r Ms. Ann Jane Eshbaugh (Chairman) , #22, Oak View Condominiums, The Town of Barnstable, 15, Oak Neck Road, Office of the Board of Health, Hyannis, j �3679 Main Street, MA 02601. Hyannis. MA 02601. 4 September 191. Dear Ms. Eshbaugh, Re:— Operation of Swimming Pool at Oakview Condominiums, 15, Oak Neck Road, Hyannis. We are in receipt of the letter from the Board of Health datedJuly 29th 1991, addressed to Mr. Saunders, which is in connection with the above. Our swimming pool has been closed for the past 2 years and now this decision, that it must be attended by a lifeguard or qualified swimmer at all times of opening, will close the pool for all time. The reason is of course the cost. This condominium is owned by retired people, people who go out to work during the day time, and people who rent on a semi—permanent basis. There are only 161units and there are no children. There are no holiday makers (as the three months minimum let precludes that) . The only guests one gets at the condominium are the normal relations or friends visiting .for a day, as would •be the case in any normal private house. If the private house had a swimming Pool in the yard, surely the guests would not make the pool a semi public pool requiring a life guard? If the guests in our condo happen to come during the pool opening time they are deemed to be the ones requiring a life guard. They are only similar human beings and therefore, with respect, we believe that the rigid conditions of this rule cannot have been thought properly through, or the financial aspect considered. The people who go out to work want to swim before work, or in the lunch period, but mainly in the evening after work. For many hours the pool could be empty, but it means a lifeguard or swimmer is required for about 13 hours a day to cover all the possibilities of someone wanting to swim, at a cost in the region of $12,000 minimum- each season. We could barely raise $19000 and so this is out of the question. The owners are appalled that a rule like this can close the pool and reduce the cost of their own unit by as much as $11,000 (Real Estate estimate) , especially when the only reason most of them bought the Condominium in the first place was the existance of the swimming pool. You can appreciate, I am sure, the predicament and hostile situation this rule puts us in as Trustees. One of the points most owners ut to me (and you can be sure they make a lot of noise about it� is the fact that 15 mins 2. walk away there is a beach which is listed in the Barnstable brochure where anyone can swim, and a notice is posted that no lifeguard is provided. There are 4 other similar beaches listed. All other 15 beaches only have a lifeguard from gam to 5pm, but people swim for many hours outside these times. This is very hard to take, when the rule for us is that a lifeguard must be present at all times that the pool is operated. It is also very hard to reconcile that a pool which would i cost $409000 to build, has to lay idle and fall into dilapidation. You will see, I am sure, that as a Trustee assigned to deal with this matter I am in a very serious predicament, and one which is in danger of erupting at any time, unless the owners can see some way of using their swimming pool next year. This has been a wonderful summer and to see every day an empty pool for the second year running is extremely difficult for people to understand. We are trying to keep within the current rules, but I am told that very many condominiums operate with no regard for the lifeguard rule, and our owners resent this. We could be told that one of the owners could be trained as the resident swimmer, but we notice that the qualifications re— quired for a swimmer are almost similar to that of a lifeguard, and also this would not be practiable as any unpaid person would have very limited availability. In conclusion I will say that it would be our intention to have looped "grab ropes" all round the pool, a life ring on a long rope in case of emergency, and to display any notice which .may be considered necessary. May we, with respect ask that our small condominium (and others like it) , be given special consideration in view of the considerable financial restraint this puts upon us. I feel obliged to repeat that this is a very serious problem as far as we are concerned, and one which will not go away. We do hope that it can be given your earnest reconsideration, respec, ] y, H. DO ES. (Trustee, Oakview Condominiums) Copies to:- 1. Susan G. Rask. 2. Joseph C. Snow, M.D. 3. Thomas A. McKean. (Director of Public Health) . ka Thomas A McKean, (Director of Public Health) ,, r Town of Barnstable,, Office of the Board of Health, 367, Main Street, Hyannis,, MA 02601. } TOWN OF BARNSTABLE ypi THE OFFICE OF i DAEalTABL . BOARD OF HEALTH lot MAE& 0o 039. 367 MAIN STREET HYANNIS,MASS.02601 November 27, 1991 Mr. H. Downes, Trustee #22 Oakview Condominiums 15 Oak Neck Road Hyannis, MA 02601 Dear Mr. Downes: The Board of Health members are in receipt of your letter dated November 8, 1991. The Board of Health is not asking you to expend $12,000 in order to meet the Requirements. The Requirements simply require you to have someone certified in CPR, who is familiar with life saving equipment, and who can pass a swimming test, to be present at the pool site anytime the pool is open. It is allowable to have someone from the condominium, such as your spouse or your neighbor, who meets the qualified swimmer requirements, to accompany bathers during use of the pool. One should never swim alone anyhow. Sincerely yours,. L- Iacirman -.eph C. Snow, M.D. BOARD OF HEALTH TOWN OF BARNSTABLE 1 - 1 P�oFTNETo�y rl TOWN OF BARNSTABLE OFFICE OF = BAH*"& i BOARD OF HEALTH � MARK p, °,ems i639. \em 367 MAIN STREET CEO MAR k' HYANNIS, MASS.02601 Ms. Kathleen Mahan February 11, 1992 205 Independence Ave. #225 Quincy, Ma. 02169 Dear Ms. Mahan, The Board of Health is in receipt of your letter dated February 3, 1992 . We would like to give you a chance to police the pool to the Board's satisfaction. However, to date, nobody from Oakview Condiminiums has presented any plan which would provide the same amount of protection as the modification requirements. We strongly feel the person who will police the pool shall be certified in CPR, who is familiar with life saving equipment, and who can pass a short swimming test, to be present at the pool site anytime the pool is open. One should never swim alone anyhow. I'm sure you would agree with that. A letter has been written to Mr. Downes; I am enclosing a copy of this letter for your information. Sincerely yours, J seph C. Snow, M.D. dhairman BOARD OF HEALTH TOWN OF BARNSTABLE cc: Henry Downes Norman Fiedler BATHER CAPACITY: 19 OUTDOOR POOL ONLY PERMIT FEE THE COMMONWEALTH OF MASSACHUSETTS 122 $50.00 TOWN of BARNSTABLE ...--- .....................••---•-____-___.-__- Board of Health This is to Certify that .....OA VIEW CONDOMUNIUM .. ........................•---•-----•----•--•---•-•--------••--••-•-•---•---...._..... 15 Oak NeckN oad, Hyannis ..................................................................................... ADDRESS IS HEREBY GRANTED A PERMIT To Operate a Public, Semi-Public Swimming or Wading Pool At ........ swimmer must be at Pool site all times pool is o en. • -----•....._____ ___.....••--•-__----••-- P p Method of water treatment: Chlorine—automatically fed. ..........................•---•---•._......_.............. ._. .. This permit is granted in conformity with Title 2 of the Sanitary Code of The Common- wealth of Massachusetts, and expires .____—_December 31, 1989 _ _ sooner suspended or revoked. - unless Grover C.M. Farrish,M.D. Chairman Ann Jane EiNbaugli----------------------------------------- June 29, -•-• •-••-•---..._.... Board 19 89 James H. Crocker, Sr. •.................................................................••-•-------_..._ of ..................... _..._... -------•--•-------••--•-- Health .......... By ...............••--......--•--•----•••--•--....._...._._..._.........._._...._ FORM 1712 HOBBS WARREN. INC. Agent THE COMMONWEALTH OF MASBACCHU !� SWIMMINO POOL INSPECTION REPORT 11KALTII DEPARTH69T DATE NAME `� " 6� �.•P �1/ 1.. ADDRESS OPERA TOft, `-� VUA/4��.�' NAx. BATUINO LOAD. PERttIT rpSTED`� :,�° Regulations of the Has eaohusetle Sanitary Cadet Article YI-"Ninimum Standards for Swimming Poole". ITEMS, 1. DEFINITIONS, 2. pIAN APPROVAL, 8. SEWERAOE, 11. BATTIER LOAD. 12. STRUCTURE, 14. �ONStitUthees' to INLETS AND OUTLETS, 16, CROSS CONNECtIONS, 17. SKIHHER9, 18. DII)ENSIONS, 20, HALKWAI9 and 21. LADMRS• ihaee items approved onr t�e,a one truation plan are .of permanent nature and need not be checked at each inspection. '�. 1[EALTNI..Ito employee sick, bathers take showers, clean bathing suite, sick or infected bathers not allowed, -- . spitting prohibited, no glass or dangerous objects. .1tealth and Shower signs posted. i I.1 M ARDS.t No unsupervised swimming. Trained lifeguards in attsnd"oe agoording to Realth Dept. ruling. BAfEITe Onq%nheperds crook and one ring buoy with adequdte rope for each 2000 sq. ft. water surface. 6'. 11R9T AID1 Red Cross tiret aid kit (24 unit or equivalent), emergency telephone number@ posted, local police, state police, fire dept., and several available physicians. Telephone available (not pay station). each ent io •- •'• "' - 7. BAiI„t10eUSEdr�inedatventilated, impervious oonetruotion for and lighteoolor�aoone showerlanddoneatoiletll lig , per 40 bathers (min. 2 ea.), hot and Gold water, soap provided, one wash bowl per 60 bathers. No common o • cups; towels, combs or brushes. Emergency room provided for slk or injured bathers, with cot end Approved drinking water facilities- blanket; Foot showers (if required). •.Pool adequately enclosed CLOSURGI Operator to close pool when water does not most the requirements of thie code. • Written records available air daily operation of the pool, including V10. PERMIT - LU;CORDSI Permit pooled, - rs o[ operation, bsokwashing and other information required. attendance, water tests, chemicals used, hou RECIRCULATION - FILT MTIONI I'urlfioalion ey@ton Capable of,maintaining quality of water, turnover every 8 hours, t". filtration rate 2-) gal, per min. per eq. ft. tiller. Disinfection equipment finely adjustable ,•• '119'0 DEPTII MARXIN091 Harked on deok and walls at one toot intervals (shallow end) 25 ft. intervals (deep end). 22. DIYINO BOARb91 Rigidly constructed, properly anohored, braved for heaviest load, sound, no splinter@ or cracks, non @lip surface. Not over 10 It, above 'water level-and at least 13 Its unobstructed head room:' r• 23. HATER SOURCBi Hater used in anr.;ewlming pool shall be from a eouroe,•approved by the 11salth Department, r Zoe BACTIRLOLOOICAL UUALIT11 Ileallh Dept-I@hall•cause water eamplee to be analyzed as considered necessary. 4uslity shall meet the USP119 drinking water standards,, Untreated water not over 21100 11PN Colifone. . ' 23..CIIENICAJ, STANDARDSI Treated with chlorine or other effective method. tests taken daily or more often �•, a@ required by Itealth Dept. C��dtlis-:b-to-l:b, pH 7.0 to �.$.i. L .� 26. tE9tIN0 EQUIPHENTI testing equipAen! provided, in good repair and oomplelA with fresh reagents. : -27. WAiBR CLANITTI A 6 inch black disc at'bottt" of deepest part of pool visible at 10 yards away- pools.. Turnover tF hours or lees. �2 WADINO POOLS Quality of the water shall be the same as ewimraing p -4&7�t"A Ao / • • PERSON. NTERVIEWED SANITARIAN FZ;kfM 917Rr1 .1. M. eULKIN b42-895B f i y0FIRE T0 TOWN OF BARNSTABLE OFFICE OF BnaA89 MMl BOARD OF HEALTH 9. �00 iN YI► 0 367 MAIN STREET � Y�' " HYANNIS, MASS. 02601 April 26, 1988 Ms. Beatrice Fiedler, Acting Secretary Oakview Condominium :Trust 7-15 Oak Neck Road Hyannis, Ma 02601 Re: Your inside swimming pool - Old Bather Load capacity - 34 Modified Bather Load Capacity - 19 Dear Ms. Fiedler: We will allow you to set a maximum capacity of 19 persons at your swimming pool. This includes persons in your pool and includes all other persons within your pool enclosure. The following conditions must be complied with: (1) The pool must be supervised by a swimmer, eighteen (18) years of age, or older, qualified by you at pool site at all times the pool is open. We wish to make it clear that this swimmer must be at the pool and cannot be observing from the desk. If your swimmer is temporarily assigned duties at the front desk, another swimmer must be provided physically present at the pool. This swimmer must be familiar with lifesaving equipment and knowledgeable in first aid procedures including resuscitation. (Minimum swimmer qualification requirements are enclosed). (2) You must keep a permanent record .on a form prescribed by the Board of Health listing each swimmer supervising the pool when it is in use. (Sample of prescribed form is enclosed.) (3) We must have a copy of your insurance policy naming the Town as coinsured in the amount of $.1,000,000. (4) All other regulations contained in 310 CMR 12.00, Minimum Standards for Swimming Pools, must be strictly complied with. (5) In the event your pool is used by persons other than registered motel guests, or persons charged a fee, it is your responsibility to provide a lifeguard with a current Red Cross Senior Life Saver's Certification or a National Y.M.C.A. Senior Life Saver's Certificate. (6) The swimming pool water must be tested for coliform bacteria at least monthly by a certified laboratory. Please be advised that if you exceed this capacity of 19 persons, your modification Ms. Beatrice Fiedler, Acting Secretary Oakview Condominium Trust April. 26, 1988 will be invalid and you will revert to your measured bather load capacity of 34 persons. A certified lifeguard will then be required. The Board also reserves the right to require a certified lifeguard if violations of 310 CMR 12.00, Minimum Standards for Swimming Pools, are observed. This modification expires December 31, 1988. Ver my yours, Grover C. �. Farrish, M.D. Chairman BOARD OF HEALTH TOWN OF BARNSTABLE GF/bs Enclosure TR'a, e /� �i p DATE June 22, 1984 ❑ URGEAIT TOWN ©T BARl�iSTABLE ❑ SOON AS POSSIBLE ROAR® AI HEALTH FILE NO. ❑ NO REPLY NEEDED j 367 Maim Street P. 0. Box 534 HYANMS, MASSACHUSETTS 02601 ATTENTION TO SUBJECT Mr. William Casey, Trustee Oakview Condominium Trust 7 Oak Neck Road HYANNIS MA 02601 MESSAGE Dear Mr. Casey: 'We are enclosing a copy of a letter we received from your insurance company which we recently received. The Board cannot issue a modification of your lifeguard requirement without a copy of your insurance policy naming the Town as co-insured in the amount of $1,000,000 to cover the swimming pool. We would appreciate it if you would clear the matter with your insurance company. Very truly yours, SIGNED REPLY n M. Kelly DATE OF Rd§LYector of Public Health i SIGNED SENDER: DETACH THIS YELLOW COPY FOR YOUR FILE. MAIL WHITE AND PINK COPIES WITH CARBONS ATTACHED. a With Offices 1n Mattapoiseu Buzzards Bay Middleboro Dighton Wareham Insurance Agency Inc. and . West Yarmouth 5200 Building, Route 28, West Yarmouth, MA 02673 771-1866 June 18, 1984 Town .of Barnstable Board of Health 367 Main Street Hyannis, Ma. 02601 Gentlemen: Mr. William Casey of Oakview Condominium Trust has forwarded me a copy of your recent request asking that the town of Barnstable be named as a co-insured in the amount of $1,000,000.00. We as well as the Hartford Insurance Company, the insurers of Oakview Condominium., always try to comply with any reasonable requests made by or on behalf of our insureds. This is the first request of this nature that either of us have ever received. In order to accomplish your request we need to know what insurable iterest you have in this property. Cordially, G. H. Dunn Insurance Agency Inc. Edw d R. Ball Vice President ERB:nas c.c. William Casey , ' voua ndependenf . tnSU/UnCP AGENT Engine#5,a 1949Maxim Triple Combination Pumper,is owned and maintained by the agency as a back-up engine for the town of Mattapoisett.Watch for it in area parades.