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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
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pnn name
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Signature of person collecting sample
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I transported and delivered no
prwt name
samples marked
sample i w Ica oo numbers
collected from
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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)
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from y S•,
(Name of person who delivered sample(s))
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4. Sample analyst
DOS Sample(s) 9y�- D 5�,� , from o27v�ce. _
.(Assigned DOS lab nos.) (Bulidin ame)
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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