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HomeMy WebLinkAbout0027 PARKWAY PLACE - Health 27 PARKWAY PLAC �Y N A=342-016 I I I i r'� I �-� CNa-tR S aI �c�, ��� • fie,,., — J.,��t.�� wlb4v � � y . dc, Sep-29-99 01 :54P Dunning & Kirrane 508 477 7633 P-02 DUNNING & KIRRANE, L.L.P. COUNSELORS AT LAW MICHAEL A.DUNNING* SHELLBACK PLACE. EMAIL ADDRESS KevtNM RIxRANE 133 ROUTE 28 dtht@capecod.net EUZABEPH&MCNICHOLC BOX 560 BRIAN F.GARNER MASHPEE,MA 02649 WEB SME SEAM F.EARLY 508-477-6500 dunnirgkirrane.com eAMCIA MCGAULEY FAX 508-477-5697 'Also admitted Illinois Bar September 28, 1999 Via Facsimile Transmission Mr. Tom McKean Mr. Glenn Harrington Town of Barnstable Board of Health RE: 27 Parkway Place, Hyannis, MA Dear Mr. McKean and Mr.Harrington: I understand that the tenant has given their approval to the plumber completing the work on the property at 27 Parkway Place in Hyannis on October 5, 1999. I further understand that someone from.the Board of Health will be there and will do a final inspection regarding the Board of Health violations. I don't believe it would be appropriate for me to enter the premises, but I will be outside at 9:30 a.m. and available for any questions or problems that may arise. If you have any questions or need any further information,please feel free to call me. Ve truly yours, Eliza r�thA. McNichols EAM:sdr 09/27/1999 16:39 5083982141 DICK MARTIN HSSOCS PAGE 01 1Ck &A�§wiataz (508) 398-4444 FAX: (508) 398-2141 To: Glen Harrington From: Debbie Martin Date: Sept. 27,1999 I received your voice mail message. I could not keep the appt. for tomorrow, as I told you,unless you were able to get a hold of the tenant and make them keep it. You did not. So, I had to cancel the plumber.•It has been reached. for Oct. 5th,between 9:30 am and 9:30 am. THIS WILL NOT BE RESCHED. AGAIN. If the tenant calls you Y again, I hope that you do not go out and cite the owner when you know for a thct that the owner has not been allowed access. It is up to you to let,the tenant know about this appt. and confirm it with me. Dick ,Martin & Associates, Inc. . 965 Route 28 • South Yarmouth, Massachusetts 02664 09/27/1999 10:06 5083982141 DICK MARTIN &. ASSOCS PAGE 01 _ rDick 8 Martin A 7EL.: (508) 398-4444 . FAX: (508) 398-2141 To:Tom McKean and Glenn Harrington From: Debbie Martin Date: September 27, 1999 As per your instructions to the tenant,Dannielle Farren,and myself on a conference call Friday, Sept. 24,I have called the tenant with 24 hour notice today for an appt. with the plumber tomorrow Sept. 28 between 11:00 and 1:00pm. The tenant said that would not be convenient and they cannot come. The tenant also said"24 hour verbal notice is not good.enough,we want 24 how written notice". Obviously the tenant is doing everything possible to prolong the work that needs to be completed. This has been the case right along. I cannot get them written receipted notice,there is not enough time. I am assuming you will rectify this problem,you both told me that if we have trouble getting in,we should contact you. We are. Z;v S��,. ➢� "Jf' C �? Dick Martin & Associates. Inc. a 965 Route 28 a South Yarmouth, Massachusetts 02664 09/27/1999 16:20 5083038470 GILBERTI LAW FIRM PAGE 02 GILBERTI & ASSOCIATES Anx)RNEYS AT LAW September 27, 1999 VIA; Facsimile Only Elizabeth McNichols,Esq. Dunning&Kirrane L.L.P. P.O.Box 560 Mashpee,MA 02649 Re: Parkway Place Ready Trust/Farren Access to 27B Parkway Place,Hyannis Dear Attorney McNichols: This letter confirms receipt of your letter.transmitted earlier today. First,you state in your letter that the plumber was at the tenant's premises on Friday, September 17,1999 and advised Danielle that he would return on Monday September 20, 1999. You go on to state that he went to the premises on Monday,September 20, 1999 and Tuesday, September 21, 1999 but was unable to gain access. During our telephone conversations of.September 20 and 21, 1999 you never mentioned these alleged incidents:However,during our telephone conversation of September 21, 1999, we discussed that the plumber had been at the premises on Thursday,September 16, 1999. Furthermore,may clients were home all day on Monday and Tuesday,September 20 and 21, 1999, and the plumber never came to the premises,nor did he ever request access. My client's call to the Board of Health was quite justified considering that the work was still incomplete,and the plumber had.neither returned to the premises nor called to gain access in a week's period of time, Second,you state in.your letter that my client's dog is intimidating the workmen. My client has asked the workmen if they are afraid of the dog and has offered to secure the dog while the workmen are on the Premises. However,the workmen have never mentioned that the dog intimidates them. It is obvious you are attempting to build a defense that the tenaarit is failing to give access to the premises for repairs to be made.. However,the allegations you rely on for support are false. CAPE COD OM-CE 508-760.3011 09/27/1999 16:20 5083038470 GILBERTI LAW FIRM PAGE 03 i J Attorney McNichols September1:1,19" Page 2 of 2 Third, in accordance with your letter, earlier today,the Health Inspector,Glenn Harrington confirmed with the Tenants that access for repairs will be permitted on Tuesday, September 28, 1999 and again on October 5, 1999_ However,while preparing this letter I received another transmission from your office stating that the plumber is now only scheduled for October 5, 1999. My clients already agreed to give access tomorrow. Moments ago,Mr. Harrington confirmed with me that he had confirmed with the tenants that the plumber would be given access on Tuesday, September 28, 1999 and October 5, 1999. Mr.Harrington also stated that he lead contacted Debbie Martin regarding confusion with the requested access, but she has yet to return his call. Finally,you requested in your letter that)deal directly with you,rather than my clients contacting Debbie Martin. I agree that this may help avoid further confusion. However, Please note that my clients are not contacting Debbie Martin. The only times they have .called her is when she has left a message requesting them to do so. Therefore,the only way this will work to everyone's advantage and sanity is if'Debbie Martin directs all correspondence to you or Mr,Harrington,. Please note our new address and telecommunication lines: Gilberti&Associates 5 Sheridan Road South Yarmouth,MA,02664 Telephone; (508)760-3011 Facsimile: (508)394-9381 cerel Caren l A. Gilb#er cc: Mr. Glenn,Harrington,Board ofHealth 09/27/1999 16:20 5063038470 GILBERTI LAW FIRM PAGE 01 r GELBERTI&ASSOCIATES ATTORNEYS AT LAW Facsimile Cover. Sleet Date: September 27, 19" To: Glenn Harrington Company: Board of Health Phone: 508-962.4644 Fax: 508-790-6304 From: Carmel Gilberts,Esquire Re: 27 Parkway Place Pages including cover page: 3 COMMENTS: :*CONFIDENTIALITY NOTE*" he documents comprising this transmission contain information from the law firth of Carmel A. Gilberti, which is confidential and/or legally privileged The information is intended only for the use of the individual or entity named on this transmission sheet. If you are not the untended recipient,you ate hereby notified that any disclosure,copying,distribution or the taking of action in reliance on the contents of this telecopied information is strictly :prohibited, and that the documents should be returned to this firm immediately. If you have received ttus telecopy in error,please notify us by telephone at(508)760-3011 immediately so that we can arrange for the retum of this transmission to us at no cost to you. 5 SHERMAN ROAD, SOUTH YARMOUTH,MA 02664 PHONE 508-760-3011 FAX 508-394-9381 Min e fates TEL.: (508) 398-4444 . FAX: (509) 398-2141 To: Sean Early,Esq. Liz McNichols,Esq. Glen Harrington,Board of Health From: Debbie Martin Date: September 27,1999 As per my other fax today,the tenant has refused again to allow the plumber to enter the building. We have set up another appt. with the plumber for October 5,1999 between 8:30 and 9:30 am. I am sending this to you to contact the tenant and her atty. Mr Harrington should contact the tenant and Atty. McNichols should contact the other any. Please advise. The plumber will not set up any more appt. after this. I am also confirming with this fax that Mr Harrington specifically told me there are NO outstanding violations at this point. 7, 2 7 9`1 2 �L F GEC t..c; a1 `��..i i�CCe S S tom- ✓.�✓� t� J qt.,G'e c/'-r...e Dick Martin & Associates, Inc. • 965 Route 28 • South Yarmouth, Massachusetts 02664 TO 39hd SOOSSV 8 NIi6VW AOIa TVTZ86680S St "8T 666T/LZ/60 Sep-27-99 02:33P Dunning & Kirrane 508 477 7633 P_02 r` DUNNING & KIRRANE, L.L.P. COUNSELORS AT LAW MICKEVI AEL A.DUNNING' SHELLBACK PLACE EMAIL ADDRESS KEVINM.KA.MC 133 ROUTE 28 dfkt@capecod,net ELIZASErxA.Mcrvtc"oz. BOX 560 BRL4N F.GARNER MASHPEE,MA 02649 WEB SUE sEAN F.EARLY 508-477-6500 dunningkirrane.com PATRICIAMCGAULEV FAX 508-477-5697 •ALso admitted Illinois Bar September 27, 1999 Via Facsimile Tranlsmission Carmel A. Gilberti, Esquire GILBERTI&ASSOCIATES 5 Sheridan Road South Yarmouth, MA 02664 RE: Danielle Farren Dear Carmel: The plumber hired by Dr. Golden has.been at the property located at 27B Parkway Place, Hyannis on several occasions to finish the work. In particular,on Friday, September 17th, the plumber advised Danielle that he would be back to complete the work on Monday,September 20th. When he arrived on Monday, September 201ti, he was notable to gain access to the premises. He returned on Tuesday, September 21st and again, there was no one to give him access. On Wednesday or Thursday,September 22nd or September 23rd, your client called the Board of Health and an agent visited the premises and reported that the plumbing work had not yet been completed. On Friday, there was a conference call between the Board of Health,Craig Martin, and Debbie Martin. It was agreed that the tenant would get 24 hours notice. We have given the tenant notice that the plumber would like to be there tomorrow, September 28tk to complete the work. The tenant has said that this is "not convenient". The tenant has further said that they want 24 hours written notice. I think that this entirely 'unreasonable under the circumstances. Irt the future, we will make all appointments for work through the Board of Health and we expect the tenant's cooperation. Furthermore,the pit bull which is being kept at the premises is intimidating the workmen who are trying to perform the work. It appears that the tenant is.making Sep-27-99 02:33P Dunning & Kirrane 508 477 7633 P.03 l Carmel A.Gilberti, Esquire September 27, 1999 Page Two every effort to make sure that the work cannot be completed. I would appreciate your assistance in resolving this matter immediately: Very truly yours, � �k----C Elizaah A. McNichols EAM:sdr cc: Mr. Glenn Harrington-Board of Health P.S. I think it would be helpful if you dealt directly with me instead of your clients contacting Debbie Martin. Sep-27-99 02:33P Dunning & Kirrane 508 477 7633 P.01 DUNNING & KIRRA NE L.L.P. COUNSELORS AT LAW MICHAEL A.DUNNING' SHELLBACK PLACE EMAIL ADDRESS KEVIN M.KIRRANE 133 ROUTE 28 dfkt@.�capecodmet ELIZABETH A.MCNICHOLS BOX 560 BRIAN F.GARNER MASHFEE,MA 02649 WED SrrE dunningkitrane.com SEAN P.EARLY 508-477-6500 PATRICIA MCGALILEY FAX 508-477-5697 Also admitted tuinois Bar FACSIMILE COVER SHEET TO: Glenn Harrington- Board of Health FAX: 508-790-6304 DATE: 9/27/99 FROM: Elizabeth A. McNichols, Esquire RE: Danielle Farren Total # of Pages (inclusive): 3 if uou do not receive all pages or have any problems with receiving,please telephone immediately. Please see attached. The information transmitted by this facsimile is considered Atforney priviledged and confidential and is intended only for the use of the individual or(mtity named. If the reader of this message is not the intended recipient,or the employee or agent responsible to deliver unto the intended recipient,you should be auiare that any dissemination,distribution,or copying of this communication is strictly prohibited. if you have received this communication in error,please immediately notify us by telephone,and return the original message to us at the above address via the U.S.Postal Service. Thank You, 08/06/1999 10:53 5083982141 DICE; MARTIN 8, ASSOCS PAGE 01 t Dick &A�i&s TEL; (509) 398.4444 • FAX: (508) 39&2141 VS.. L r Z To: Glenn Harrington From: Debbie Martin Date: August 6,1999 I wanted to follow up on our conversation today with this memo. On June 14,1999 your office issued a citation letter to William Golden for his property located at 27 Parkway Place,Hyannis. Violations 351,481,and 482 were corrected immediately. The tenants would not allow access for 353 to be corrected until the police were called. As soon as access was granted, 353 was corrected. I called your office as soon as it was all finished and asked you to meet me at the property on July 7th. You forgot and failed to show. We rescheduled for the next week and we met at the.property. You and I went through the entire list and concluded that all the issues had been addressed. While we stood there talking,the tenant told you that the electrical problems had not been addressed. You then entered the apartment again and concluded that the electrical obviously had been worked on and seemed to be working just fine at that time. I showed you two bills that Dr Golden had paid, one dated June 21 and one dated June 23 from a master electrician, Milton Curtis. Both bills detailed what had been done. Today, I received a call from Liz McNichols,Esq.,Dr Golden' atty. She told me that you had been called back out to the house for the electrical issue and for the leak in the bathroom. You told me that you-noticed the leak in the bathroom in Tare but failed to put it on your report dated June 14,1999. You specifically told me to hold off on calling a plumber or electriaan until you recieved some police reports and documents from the tenants'attorney. At this point in time I am waiting to hear from you, as per your instructions. I feel that uy office and the landlord have worked diligently to coned any problem that has come to our attention. None of these complaints have ever been directed to my office from the tenant. This office has never received a call from the tenant about electrical problems,screen doors, asbestos, smoke detectors or anything else. The tenant came to my office monthly to pay the rent in person,and she had plenty of opportunity to tell me anything that was wrong. Dick Martin & Associates, Inc. • 965 Route 28 a South Yarmouth, Massachusetts 02664 i DUNNING & KIRRANE, L.L.P. COUNSELORS AT LAW MICHAELA.DUNNING' SHELLBACK PLACE ' 508-477-6500 KEVIN M.KIRRANE 133 ROUTE 28 FAX 508-477-5697 ELIZABM A.MCNICHOIS BOX 560 EMAIL dfkt@capecod.net BRIAN F.GARNER MASHPEE,MA 02649 PATRICIA MCGAULEY o admitted Illinois Bar June 18, 1999 • Via Certified Mail Return Receipt Requested c' Q O l9 Ms. Danielle Farren e 9y 27B Parkway Place y Hyannis,MA 02601 Dear Ms. Farren: As you know, this office represents William A. Golden, Trustee of Parkway Place Realty Trust: The purpose of this letter is to advise you that.we.have contracted with AirSafe Intemational Limited, a licensed asbestos removal firm to remove the asbestos covering on the pipes in the basement of the building at 27 Parkway Place, Hyannis. Doctor Golden was unaware that you had access to the basement area as he did not provide you with a key to this area directly; we assume that you obtained it from the prior tenant of the first floor. In any event, it will be necessary for you to remove all of your personal belongings from this area as it will be secured. This notice is intended to give you ten (10) days with which to remove your personal property before the basement is padlocked. Thank you for your prompt attention to this matter. Please feel free to call me if you have any questions. Very truly yours, 0 Elizabet McNichols EAM:sdr cc: Ms. Danielle Farren, First Class Mail Postage Prepaid William Golden, M.D. Mrs. Debbie Martin Glen Harrington,Board of Health G� Department of Labor and Workforce Development Division of Occupational Safety ANGELO BUONOPANE ROBERT J. PREZIOSO Director Deputy Director June 15, 1999 99A - 4245 Mr. Glen Harrington, R.S. Public Health Division Town of Barnstable P.O. Box 534 Hyannis, MA 02601 Dear Mr. Harrington: The Department of Labor and Workforce Development, Division of Occupational Safety (DOS), received by U.S. Mail from you one (1) sample to be analyzed for asbestos. The sample was taken from a residence located on 27 Parkway Place in Hyannis, MA. The suspect sample was analyzed using the U.S.EPA's analysis protocol of polarized light microscopy (PLM). SAMPLE# LOCATION DESCRIPTION RESULT % 99B —0568 Thermal system White, wavy Chrysotile Asbestos 30 insulation Cellulose 05 Non-fibrous 65 If you have any questions regarding this report or related matters please do not hesitate to contact this office at (617) 969 - 7177. Sincerely, Approved: N c Hoang Frank Kramarz Environmental Engineer Program Supervisor 1001 Watertown Street W. Newton, Massachusetts 02465 Tel: (617) 969-7177 Fax: (617)727-4581 c�thE �ummon�i?rttlth of 7JEttssarhusrtts -00 DEPARTMENT OF LABOR AND INDUSTRIES DIVISION OF OCCUPATIONAL HYGIENE 1001 WATERTOWN STREET WEST NEWTON, MASSACHUSETTS 02165 (617)969.7177 PAUL ABOODY CHAIN OF CUSTODY RECORD Director 1. SAMPLE COLLECTION I �� f/�r�, t'wsZ � (�. �. collected samples pnn name �f--marked Sa l,es -- "mplerca num n from (Z g(DF�G� butiklivrig name or oc, o p n samples were taken from 7ZiL•w,Al SYS-4e"` escnp On 01 Lampe oca o0 on at Signature of person collecting sample 4e 10R !ate Wilsey AV"Cz — �Q,7yy 1. SAMPLE TRANSPORTATION I transported and delivered no prwt name samples marked sample i w Ica oo numbers collected from u mg name or oca on on to address:no..Street,Wwn,UP Code at Signature of person transporting and delivering sample: ;—Ignaturc agency 3. Sample reciglent received samples marked (Print name) Ij (No.) and assigned DOS lab nos: qL3 6~0 9,R and (Sample dentlficatlon) (DOS lab nos.) DOS file no. qqA from a7 (Building name) (Address) � //,,. from y S•, (Name of person who delivered sample(s)) on Z)L (iy at Z -�-- (Date) (Time) Signature of person receiving sample(s) cti 2 (Sign ture) n IW Fr C, Sc�-} (A ency) lF (-)1 7-? (Phone ) 4. Sample analyst DOS Sample(s) 9y�- D 5�,� , from o27v�ce. _ .(Assigned DOS lab nos.) (Bulidin ame) and DOS file no. 19A �au5 , were analyzed by 24)e , Y anal st on 'Q.i (Date) Signature sample analyst (signatur ) (Agee y) c:\office\wpwin\wpdocs\chaincus.msr 08/06/1999 10:53 5083982141 DICK MARTIN & ASSOCS PAGE 01 -Dick TEL.: (508) 398.4444 • FAX: (508) 398.2141 Va'. 112- Whothol l LS _ To: Glenn Harrington From: Debbie Martin Date: August 6,1999 I wanted to follow up on our conversation today with this memo. On June 14,1999 your office issued a citation letter to William Golden for his property located at 27 Parkway Place,Hyannis. Violations 351,481,and 482 were corrected immediately. The tenants would not allow access for 353 to be corrected until the police were calf. As soon as access was granted, 353 was corrected. I called your office as soon as it was all finished and asked you to meet me at the property on July 7th. You forgot and failed to show. We rescheduled for the next week and we met at the property.. You and I went through the entire list and concluded that all the issues had been addressed. While we stood there talking,the tenant told you that the electrical problems had not been addressed. You then entered the apartment again and concluded that the electrical obviously had been worked on and seemed to be working just fine at that time. I showed you two bills that Dr Golden had paid, one dated June 21 and one dated June 23 from a master electrician,Milton Curtis. Both bills detailed what had been done. Today, I received a call from Liz McNichols,Esq.,Dr Guldens' atty. She told me that you had been called back out to the house for the electrical issue and for the leak in the bathroom. You told me that you-noticed the leak in the bathroom in Jame but failed to put it on your report dated June 14,1999. You specifically told me to hold off on calling a plumber or electrician until you recieved some police reports and documents from the tenants'attorney. At this point in time I am waiting to hear from you, as per your instructions. I feel that my office and the landlord have worked diligently to correct any problem that has come to our attention. None of these complaints have ever been directed to my office from the tenant. This office has never received a call from the tenant about electrical problems,screen doors, asbestos, smoke detectors or anything else. The tenant came to my office monthly to pay the rent in person,and she had plenty of opportunity to tell me anything that was wrong. Dick Martin & Associates, Inc. o 965 Route 28 o South Yarmouth, Massachusetts 02664