HomeMy WebLinkAbout0086 SOUTH STREET - Health /f/` o
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COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL -
FAIRS
DEPARTMENT OF ENVIRONMENTAL PRO
SOUTHEAST REGIONAL OFFICE UO'Y
20 RIVERSIDE DRIVE, LAKEVILLE, MA 02347 608-946-
DEVAL L.PATRICK IAN A.BOWLES
Governor
Secretary
TIMOTHY P.MURRAY ARLEEN O'DONNELL
Lieutenant Governor Commissioner
URGENT LEGAL MATTER:PROMPT ACTION NECESSARY
April 4,2007
McEvoy Realty Trust,LLC RE: BARNSTABLE-BWSC c 4
56 Pleasant Street 86 South Street,Hyannis.1 Y
Hyannis,MA 02601 RTN#4-20246
NOTICE OF RESPONSIBILITY _
M.G.L.c. 21E,310_CMR 40.0000 —
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ATTENTION:Maurice McEvoy CD
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On January 3, 2007, at 12:45 pm, the Department of Environmental Protection ("MassDEP")
received oral notification of a release and/or threat of release of oil and/or hazardous material at the above
referenced property,which requires one or more response actions. While completing a property inspection,
Barnstable Board of Health personnel observed a surficial release of an unknown quantity of heating fuel
from a leaking Aboveground Storage Tank(AST)located behind the onsite dwelling.
The Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L.
c.21E, and the Massachusetts Contingency Plan (the "MCP'), 310 CMR 40.0000,.require the performance
of response actions to prevent harm to health, safety,public welfare and the environment which may result
from this release and/or threat of release and govern the conduct of such actions. The purpose of this notice
is to inform you of your legal responsibilities under State law for assessing and/or remediating the release at
this property. For purposes of this Notice of Responsibility, the terms and phrases used herein shall have
the meaning ascribed to such terms and phrases by the MCP unless the context clearly indicates otherwise.
MassDEP has reason to believe that the release and/or threat'of release,which has been reported is
or may be a disposal site as defined by the M.C.P. MassDEP also has reason to believe that you(as used in
this letter, "you" refers to McEvoy Realty Trust, LLC) are a Potentially Responsible Party(a "PRP")with
liability under M.G.L. c.21E §5, for response action costs. This liability is "strict", meaning that it is not
based on fault,but solely on your status as owner,operator, generator,transporter, disposer or other person
specified in M.G.L. c.21E §5. This liability is also "joint and several',meaning that you may be liable for
all response action costs incurred at a disposal site regardless of the existence of any other liable parties.
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This information is available in alternate format.Call Donald M.Gomes,ADA Coordinator at.617-556-1057.TDD Service-1-800-298-2207:
DEP on the World Wide Web: http://www.mass.gov/dep
Z,�a Printed on Recycled Paper
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MassDEP encourages parties with liabilities under M.G.L. c.21E to take prompt and appropriate
actions in response to releases and threats of release of oil and/or hazardous materials. By taking prompt
action, you may significantly lower your assessment and cleanup costs and/or avoid liability for costs
incurred by MassDEP in taking such actions. You may also avoid the imposition of, the amount of or
reduce certain permit and/or annual compliance-assurance fees payable under 310 CMR 4.00. Please refer
to M.G.L. c.21E for a complete description of potential liability. For your convenience, a summary of
liability under M.G.L.c.21E is attached to this notice.
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You should!be aware that you may have claims against third parties for.damages, including claims
for contribution or reimbursement for the costs of cleanup. Such claims do not exist indefinitely but are
governed by laws which establish the time allowed for bringing litigation. MassDEP encourages you to take
any action necessary to protect any such claims you may have against third parties.
At the time of notification,no Immediate Response Actions(IRAs)were approved.
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ACTIONS REQUIRED
Additional submittals are necessary with regard to this notification including,but not limited to,the
filing of a written 11RA Plan, IRA Completion Statement and/or a Response Action Outcome (RAO)
statement. Assessment activity associated with site cleanup should fully delineate the vertical and
horizontal extent of the release,to include any potential impacts to indoor air. The MCP requires that a
fee of$1,200 be submitted to MassDEP when an RAO statement is filed greater than 120 days from
the date of initial notification. Specific approval is required from MassDEP for the implementation of all
IRAs pursuant to 3,10 CMR 40.0420 and 310 CMR 40.0443, respectively. Assessment activities, the
construction of a fence and/or the posting of_signs' are actions that are exempt from this approval
requirement.
In addition to oral notification, 310 CMR 40.0333 requires that a completed Release Notification
Form(BWSC-103,attached)be submitted to MassDEP within sixty(60)calendar days of January_3,2007.
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You must employ or engage an LSP to manage, supervise or actually perform the necessary
response actions at this site. You may obtain a list of the names and addresses of these licensed
professionals from the Board of Registration of Hazardous Waste Site Cleanup Professionals by calling
(617)556-1091 or visiting http://www.state.ma.us/IM.
Unless otherwise provided by MassDEP, potentially responsible parties ("PRP's") have one year
from the initial date of notification to MassDEP of a release or threat of a release, pursuant to 310 CNM
40.0300, or from the date MassDEP issues a Notice of Responsibility,whichever occurs earlier,to file with
MassDEP one of the following submittals: (1) a completed Tier Classification Submittal; (2) an RAO
Statement or, if applicable, (3) a Downgradient Property Status. The deadline for either of the first two
submittals for this disposal site is January 3, 2008. If required by the MCP, a completed Tier I Permit
Application must also accompany a Tier Classification Submittal.
This site sliall not be deemed to have had all the necessary and required response actions taken
unless and until all substantial hazards presented by the release and/or threat of release have been eliminated
and a level of No Significant Risk exists or has been achieved in compliance with M.G.L. c.21E and the
MCP.
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If you have any questions relative to this Notice, please contact Robert Murphy at the letterhead
address or at (508) 771-6088. All future communications regarding this release must reference the
following Release Tracking Number:4-20246.
Very truly yours,
Dan Crafton,ActqCe�f
Emergency Response/Release
Notification Section
C/RCM/re
Bmurphy/ER RTNs/4-20246 Hyannis 86 South Street Residence/4-20246 NOR.doc
Attachments: Release Notification Form;BWSC-103 and Instructions
Summary of Liability under M.G.L.c,21E
MassDEP's guide to hiring a Licensed Site Professional.
fc: Board of Health
Board of Selectmen
Fire Dept.
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. S' na u
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. Reo ved by(Printed IDT geli ry■ Attach this card to the back of the mailpiece, _or on the front if space permits.
D. Is delivery address d' erent from item 1? Yes
1. Article Addressed to. If YES,enter delive ddress belo [3.No
Maurice NT:Evuy '
+,56 Pleasant.Sfteet.,
Hya6is,-MA 0.21601.
+ 3. Service Type
1 fled Mail 0 Express Mail
1 ❑Registered r%%8gtum Receipt for Merchandise
❑Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) p.Yes I
2. Article Number ; - 4 i ' �-
�ransfer from service labeq `{ `7 0 0 8'`3 2 3 0 '0 0 0.218 71 8'8 9`6 i (.0 I
PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540
F
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jUNITED STATES POSTAL SERVICE First-Class Mail
I Postage&Fees Paid
LISPS
Permit No.G-10
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• Sender: Please print your name, address,and ZIP+4 in this box •
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Town of Barnstable
O� Health Division
200 Main Street
E Hyannis,MA 02601 a
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l'ttkiS917Sil�lkfi�tlktikl►kli All ikIII!!tk!1lIIlI1i1111111Ail
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Certified Mail#7008 3230 0002 5177 8896
Town of Barnstable
Regulatory Services
DMA RN4. rat C. ) Thomas F. Geiler,Director
Public Health Division
I Thomas McKean,Director
i 200 Main Street, Hyannis, MA 02601
Office: 508-8621-4644 Fax: .508-790-6304
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January 15, 2010
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Maurice McEvoy
56 Pleasant Street
Hyannis, MA 02601
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NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE
MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE
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The property owned by you located at 86 (back unit) South Street , Hyannis, was inspected on {
January 13, 2010 by Timothy B. O'Connell, RS, Health Inspector for the Town of Barnstable,
because of a complaint.
The following violation of the State Sanitary Code and the Town of Barnstable were observed:
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105 CMR: 410.351: Owner's Installation and Maintenance Responsibilities. The Company
(NSTAR) that provides electrical services to said property has said that electrical meter is not up
to their standards and needs to be addressed by owner of said property. It was observed that
there was not electricity within back unit due to the above reason.
105 CMR: 410.354: Metering of Electricity and Gas. It was observed during said inspection
that there was only one (1) electrical meter serving both front and back dwellings.
•: The owner shall provide the electricity and gas in each dwelling unit unless
• (1) Such gas or electricity is metered through a meter which serves only the dwelling
unit,,except as allowed by 105 CMR 410.254 (B); and
-(2).TL rental agreement provides for payment by the occupant.
105 CMR: 4}10.500: Owner's Responsibility to Maintain Structual Elements, A large hole
was observed!in the ceiling of bedroom.on second floor.
Q:Health/Order letters/Housing violations/86 south st.doc
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The following violations of the Town of Barnstable Code were observed:
�170-10 of the Town of Barnstable Code: Maintenance of Smoke Detectors_ and Carbon
Monoxide Alarms. No CO detectors within dwelling
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You are directed to correct the violations listed above within twenty-four (24) hours
of your receipt of this notice by providing CO detectors for both floors.of saiddwelling.
You are ordered to correct the violations listed above within seven (7) days of your receipt
of this notice by,pulling any required building permits (if applicable); by hiring a licensed
electrician to ensure that said meter meets all requirements set forth by electrical provider,
NSTAR. Once electrical meter meets NSTAR standards they will allow the meter to be
turned back-oi for electrical services. Once said meter has been restored as stated above
you must provide a copy of a signed lease by both parties if you feel the tenant is required
to pay the electric bill. If there is not language within said lease which states tenant is
responsible for said bill then you are required to ensure electrical services is provided for
unit tenant is occupying
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 could result in_a fine of up to .$100.00 per violation. Each day's failure to
comply with.an order shall constitute a separate violation.
PER ORDER OF E BOARD OF HEALTH
f
omas A. McKean, R.S.
Director of Public Health
Town of Barnstable
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Q:Health/Order letters/Housing violations/86 south st.doc
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Citizen Web Request Page 1 of 4
9.a*V r� E
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Pollte to Uses
:..:.>:: .:::�•i.�l
Request Information
Request ID: 28682 Created: 1/12/2010 12:30:29 PM
Status: Assigned To Staff Assigned To: O'Connell, Timothy
Health Office
Anonymous: No Request Category: Chapter II : Housing Substandard
Routine work: No Estimate: No
Date scheduled:
........_......................._._.__................_......_..._......_.._..._................—....__......................
Estimated 1/27/2010 Change Estimated Dec January 2010 Feb
Completion Completion Date:
Date: Sun Mon Tue Wed Thu Fri Sat
27 28 29 30 31 1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31 1 2 .3 4 5 6
Created By: Wadlington, Ellen Priority: Medium
Health Office
Citation Numbers:
Requester Information
....................................._.._........_.........._..............-..._...._........................................_.............._............_.........................................._........_....._................-............._..........................._.._._._._..................__......_......__.._.._._.............
........._.
Requestor
Request Parcel Number Vap f3-271 Block: 137 'Lot. P
M Has been without electricity for M
approximately one month. Has gas
heat. NStar meter reader said there Parce(.._Looku_p
was a problem with the meter to call
electrician. Electrician says there is no
http://issq l2/intemalwrs/WRequest.aspx?ID=28682 1/19/2010
Citizen Web Request Page 2 of 4
problem with the meter. To call BoH. ----- =---- - -
Email:
Ed.it..Requesto.r...__I_nfo_rmation
Track Request Progress
Request Work History: i Internal Note History:
Entered on 1/13/2010 11:58:44 AM System entry on 1/12/2010 12:30:29 PM:
by O'Connell, Timothy
Last modified on 1/13/2010 4:02:57 PM i Assigned to O'Connell,Timothy
On 1-12-10 went to said property and met with
owner. He went on and on about money owed to
him by tenant and tenant had bill in his name. I
explained that it does not matter what he owe' s. He
must provide electrical services. I then called Nstar
who provides electrical service to said property.
,There rep. said that the services is off due to a faulty
j meter-This must be addressed buy owner via a
licensed electrician. I do have a meeting set up for
[ 1-13-10
update delete _
Entered on 1/14/2010 3:18:04 PM '
by O'Connell, Timothy
Last modified on 1/14/2010 3:40:51 PM
iii After meeting with tenant and maintenance man,
I called owner and told him electric co. said that
meter is not safe and he must address meter
situation. Tenant stated that it says in their lease
that owner is responsible for electric. Which it must
state or the owner will have to meter the cottage
( tenant lives in. This is according to state sanitary
code. Right now the meter is on the main house.
Tenant said they will fax copy of lease and owner
stated he will hire a electrician to fix meter. I need i
this info before a order can be drafted. Will continue [
f
to check with owner and tenant. I
update delete
Enter work progress: Enter internal note:
i (Viewed ed y everybody) {Viewed internally only)
http://issgl2/intemalwrs/WRequest.aspx?ID=28682 1/19/2010
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FORM30 Caw HOBBsBWARRENT. THE COMMONWEALTH OF MASSACHUSETTS
BOARD F HE L
CITY/TOWN
DEPARTMENT
ADDRESS
°.1,y SVey`aW
TELEPHONE s
Address O� (�1 V•—"' Occupant
Floor Apartment No. No.of Occupants
No.of Habitable Rooms No.Sleeping Rooms
No. dwelling or rooming units__No.Sto
Name and address of owner t- I_
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
Gutters, Drains:
Walls:
Foundation:
Chimney:
BASEMENT Gen.Sanitation:
Dampness:
Stairs:
Li htin :
STRUCTURE INT. Hall,Stairway: — C 0'
n.--
Obst'n.:
Hall, Floor,Wall,Ceiling:
Hall Lighting:
Hall Windows:
HEATING Chimneys:
Central ❑ Y ❑ N E ui . Repair
TYPE: Stacks, Flues,Vents:
PLUMBING: Supply Line:
❑ MS ❑ ST ❑ P Waste Line:
H.W.Tanks Safety and Vent(s)
ELECTRICAL Panels, Meters,Cir.: f v 3S`7'
❑ 110 ❑ 220 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
tv
Bedroom 2
Bedroom 3 S�
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:
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 REPORT IS SIGNED AND CERTIFIED UNDER THE PAINS AND
PENALTIES OF PERJURY
INSPECTOR TITLE
2 .r—I
DATE 'i �J TIME �0
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 410.106 through 410.620 state minimum requirements of fitness for
human habitation, any other violation has the potential to fail 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 su6h violation(s) pursuant to 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 CIVIR 41'0.180 and 410.190 for a period of 24 hours or��ng`er.
(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
(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 CIVIR
(3) Failure to provide adequate oxho, or the obstruction of any exit, passageway o/common area caused by any object,
including garbage ortrash,which prevents egress in oano of an emergency 105 CIVIR 410.450. 410.451 and 410.452.
(H) Failure 0o comply with the security requirements of1O5CMR41O.48O(D).
. -
(V Failure to comply with any provisions of 105 CIVIR 410.600, 410.601 or 410.602 which results in any accumulation of gar-
bage, rubbiuh. fi|thorothe,00uaeoofuioknooawhiohmayprovidoafoodooumoorharborageforrodonts. inoeotsorotherposts
or otherwise contribute to accidents or to the creation or spread of disease.
Q> The presence of leadbased 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.Lo. 111 @@ 1AO through 189J
(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 8n health orsafety.
(L) Failure to install o|ootriou|, p|umbing, heating and.gas-burning facilities in accordance with accepted p|umbing, hoaking,
gas-fitting and electrical wiriFg standards or failure to Maintain uvohhmiWea as are required by 105 CMR 410.351 and 410.352,
so ao0u expose the ou-cupuntoran�ono else 1ofire. burns, ohbok. ac6idontor��hor danger o/impairment to health or safety.
. .- . '
(M) Any defect in-asbestos materialused as insulation or covering on a pipe, boiler or furnace which may result in the release
of asbestos dust orwhich may result inthe release of powdered, crumbled o/pulverized uobootoo material in violation of 105
CIVIR41O.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 orconditions:
(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 thmKrondomeither inoperable.
` .
.(2) Failure V»provide a washbasin and shower o/bathtub uo required in105CMR41O150(A)(2)and 410150(A)(3)orany
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 ouod*handrail or protective railing for every stairway, porch Uu|uony, roof orsimilar place as
� required by 105CIVIR41M03(A)and 410.503(B).
(5) Failure Vo eliminate rodents, 000knoaohox, insect infestations and other pests anrequired by 105CMR 410.550.
(P) Any other violation of 105 CIVIR 410.000 not enumerated in 105 CIVIR 410.750KV through (0)shall be deemed to boa con-
dition whichmayondongoro,matorial|yimpairthoheuUhoruafetyunUwa|l-beingofan000uparkuponthofai|ueofthemwnex
0o remedy said condition within the time no ordered by the Board ofHealth.
.
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�:�:,�+t'�"`
FORM 30 \y�Wes' HORRSB WARREN THE COMMONWEALTH OF MASSACHUSETTS
BOARD OF HE L
r
lT TOWN 4 W
DEPARTMENT
`c, ADDRESS
WM soy`o
TELEPHONE i
Address Cf� a1: 2' t vr... Occupant
Floor Apartment No. _No. of Occupants
No. of Habitable Rooms No.Sleeping Rooms _
No. dwelling or rooming units No.Stories
Name and address of owner_______,. t/UI-- � L G''
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
Gutters, Drains:
Walls.-
Foundation:
Chimney:
BASEMENT ., Gen.Sanitation:
' Dampness:
Stairs:
Li htin : f
STRUCTURE INT. Hall,Stairway:
Obst'n.:
Hall, Floor,Wall,Ceiling:
Hall Lighting: 3,
Hall Windows:
HEATING Chimneys:
Central ❑ Y ❑ N Equip. Repair
TYPE: Stacks, Flues,Vents:
PLUMBING: Supply Line:
❑ MS ❑ ST ❑ P Waste Line:
H.W.Tanks Safet and Vent(s)
ELECTRICAL Panels, Meters,Cir.: —
❑ 110 ❑ 220 Fusing,Grnd,::
AMP: Gen.Cond. Distrib. Box: — AI-0 •�
Gen. Basement Wiring: U
DWELLING UNIT
Ventil. L to . Outlets Walls Ceils. Wind. Doors Floors Locks
Kitchen
Bathroom
�t
—Pantry
Den
Living Room
Bedroom 1 . n /'
I' Bedroom 2 k o-� ,: r ery
Bedroom 3 �l()
Bedroom 4
Hot Water Facil. Sup.Ten.,Gas, Oil, Elect.: %
_ - x-- -- - - -
Stacks,-Fl--ues Vents,Safeties:
Kitchen Facilities Sink
Stove
Bathing,Toilet Facil. Vent., Plumb.,Sanit'n.:
Wash Basin,Shower or Tub:
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 REPORT IS SIGNED AND CERTIFIED UNDER THE PAINS AND
PENALTIES OF PERJURY.
INSPECTOR TITLE
DATE TIME •
A.M.
THE NEXT SCHEDULED REINSP,ECTION P.M.
r "
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 II, 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) pursuant to 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 leadbased 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.
Apr. 9. 2007 11 : 58AM MASS DEP No. 2241 P. 2/4
COMMONWEALTH OF MASSACHUSETTS
ExECUTTVE OFFICE OF ENVIRONMENTAL AFIRS
DEPARTMENT OF ENVIRONMENTAL PRO opy
SOUTHEAST REGIONAL OFFICE
I 20 RIVERSIDE DRIVE, LAKEVILLE, MA 02847 606-946-
DEVAL L.PATRICK IAN A.BOWLES
Governor
Secretary
i
TIMOTHY P.HURRAY ARLEEN O'DONNELL
Lieutenant Governor ( Commissioner
a
URGENT LEGAL MATTER:PROMPT ACTION NECESSARY
I
j April 4,2007
McEvoy Realty Trust,LLC RE: BARNSTABLE-BWSC
56 Pleasant Street 86 South Street,Hyannis
Hyannis,MA 0260] RTN#4-20246
N077CE OFRESPONSLUMTY
M.G.L a 21E,310 CUR 40.0000 l
ATTENTION:Maurice McEvoy
On January 3, 2007, at 12:45 pm, the Department of Environmental Protection ("MassDEP")
received oral notification of a release and/or threat of release of oil and/or hazardous material at the above
referenced proPeity,which requires one or more response actions. While completing a property inspection,
Barnstable Board of Health personnel observed a surficial release of an unknown quantity of heating fuel
from a leaking Aboveground Storage Tank(AST)located behind the onsite dwelling.
i
The Massachusetts Oil and Hazardous Material Release Prevention and Response Act, M.G.L.
c.21E, and the Massachusetts Contingency Plan (the "MCP"), 310 CMR 40.0000,.require the performance
of response actions to prevent harm to health, safety,public welfare and the environment which may result
from this release and/or threat of release and govern the conduct of such actions. The purpose of this notice
is to inform you of your legal responsibilities under State law for assessing and/or remediating the release at
this property. ,For purposes of this Notice of Responsibility, the terms and phrases used herein shall have
the meaning ascribed to such terms and phrases by the MCP unless the context clearly indicates otherwise.
i
MassDEP has reason to believe that the release and/or threat of release,which has been reported is
or maybe a disposal site as defined by the M.C.P. MassDEP also has reason to believe that you(as used in
this letter, "you" refers to McEvoy Realty Trust,LLC) are a Potentially Responsible Party(a"PRP")with
liability under M.G.L. c.21E §5, for response action costs. This liability is "strict",meaning that it is not
based on fault,but solely on your status as owner,operator,generator,transporter, disposer or other person
specified in M.G.L.c21E §5. This liability is also "joint and several',meaning that you may be liable for
all response action costs incurred at a disposal site regardless of the existence of any other liable parties.
i
I f
This information h available in alternate forma6 Call Donald M.Gomez,ADA Coordinator st.617-55&1057.TDD Serviee-1.900.29&2207.
DEP on the world Wide web; httpANww.mass.gov/dep
Printed on Recycled Paper