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HomeMy WebLinkAbout0428 SOUTH STREET - Health 'w 428 South',§ , eet - Hyannis s A= 308 =-124, N d U ho F, a i a u �OpTHE Tp�� CC r Barnstable P � ,'down of Barnstable � A&AmmicaCRV IIARNSfS: MASS. ` Board of Health I �.9 I I plE0 MA1° 200 Main Street, Hyannis MA 02601 2007 Office: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 ` Paul Canniff,D.M.D. 7unichi Sawayanagi Certified Mail# 7015-1730-0001-4990-4612 November 23, 2015 Mr. Joseph Carleo Executive Director ' AIDS Support Group of Cape Cod - P.O. Box 1522 d Provincetown, MA 02657 Dear Mr. Carleo: ' 4 Attached please find the decision issued by the'Board of Health on Thursday, November-19,-2015 following a hearing conducted by the Board on November 3, 2015 and continued to November 10, 2015, on your appeal of the September 23rd Cease and Desist Order. A copy of the decision was provided-to your attorneys on November 19, 2015 as part of the pleadings filed with the Barnstable Superior Court. Sincerely,- . a : . ' b as cKean, IRS, CHO Director of Public Health }' 4 Q:\WPFILES\COVERLETTERAIDSSupportGroupDecision Nov2015.doc r FI 42 BARNSTABLE BOARD OF HEALTHLE l"ir;i;,i CL .? DECISION OF THE BOARD REGARDING THE•NEEDLE EXCHANGE PROGRAM OF THE AIDS SUPPOR7GROUP OF CAPE COD,INC. PROCEDURAL: Hearings were held on November 3 and 10,2015 to determine whether the Cease and Desist Order issued by Thomas McKean,Director to the AIDS Support Group of Cape Cod, Inc. (the "Corporation", or"ASGCC"),428'South Street,Hyannis, MA on September 21,2015 in a hand- written order, and confirmed with a type-written order on.September 23,2015.should be confirmed, modified, or rescinded.Notice of this hearing was timely directed to.Attorney Ben Klein and Attorney Musgrave on October-19,2015, The meeting agenda.was duly posted.At the conclusion of the.November 3, 2015 hearing,the parties were notified by the board that the hearing would be continued for one week to November 10,2015 and all parties agreed to be, present for the continued hearing. The meeting agenda, including notice of the continued hearing,was duly posted, HEARING SUMMARY 1. LEGAL ARGUMENTS i The Town was represented by Assistant.Town Attorney.Charles McLaughlin and the Corporation was represented by the Corporation's Counsel Andrew Musgrave and by the Gay and Lesbian Advocates and Defenders ("GLAD"),counsel, Attorney Bennet Klein.Attorney McLaughlin explained the legal issues•that had brought the parties to the Board.He explained that the statutory history included the 1993 enactment of G.L. c. 111, §215 which created a pilot needle exchange program whereby,`under the auspices of.the state Department of Public Health `('WH"), up to ten programs could be established state-wide upon nomination.by DPH and upon approval.by the host municipalities. Since 1993,five programs had been created, including one in.Provincetown run by the Corporation.He further explained that G.L. c. 94C, §27 had,until. 2006,barred possession and distribution of syringes and needles by other than licensed medical professionals, including pharmacists, but expressly excepting from the prohibition needles and syringes distributed finder the above•pilot program:Ir12006, the Legislature completely re-wrote §27 and inserted new language as follows: M.G.L.A.94C§27 §27:Sale of hypodermic syringes or hypodermicneedles' Effective:September 18,2o66 Currentness Hypodermic syringes or hypodermic needles for the administration of controlled substances by injection may be sold in the commonwealth, but:only to persons who have attained the age of 18 years and only by a pharmacist or wholesale druggist licensed.under the provisions of chapter 112, a manufacturer of or dealer in surgical supplies or a manufacturer of or dealer in embalming 1 Q supplies. When selling Hypodermic syringes or hypodermic needles without a prescription, .a phalinacist or wholesale druggist must require proof of identification that validates the individual's age. McLaughlin also cited portions 310 CMR 11:00., including 1105 that allows Boards of Health and/or their agents to act to abate emergency conditions which"threaten public health,whether or not statutes;regulations, or ordinances/by-laws exist to.expressly address the substance of the particular public health emergency.: Attorney Klein then offered his view of the legal issue.s'involved. He argued that the Legislature's repeal of the pre-2006 version of§ 27 removed all criminal penalties for the sale; possession, or distribution of syringes and needles and,.by.so doing,cleared the way for the Corporation.to distribute these items to private indivlduM9.without.limitation.He argued,that;. n the absence of express statutory language banning such activity,that such activity is allowable, ' i.e., if it is not prohibited, it is allowed. i McLaughlin disagreed"with that analysis because the Legislature replaced § 27 with new language that limited sale of needles,and.syringes to defined and licensed medicatprofessionals, provided that if a patient presents at a pharmacy without a prescription,then the pharmacist. st check proof of identify to confirm that the patient/buyer is at least 18 years of age. McLaughlin also argued that the 2006 Legislature also left.intact the § 215 pilot program. The net result is that there are two legal channels for syringe and needle distribution,.and only two, Le, pharmacies and pilot programs. EVIDENCE SUBMITTED The Town produced three witnesses and numerous exhiblis. The first witness was Sgt. Jeannne Challies of the Barnstable Police Department,who has,served as senior officer of the Department's Community Impact'"Unit.("CIU"). This Unit was created by the Department almost two years ago acid has as its mission interaction with all segments of the Hyannis-area public, including businesses, residents, andaourists. Of.relevance,the homeless and drug-dependent population are an important focus of the Unit whose members, including a social worker, assist in seeking out appropriate service's fdr their particular needs inc luding'medical,housing, i insurance; and counseling. G Detective Brian Guiney of the Barnstable Police Department.'testified that he arranged to visit with a confidential informant.( CI )known to barn as a reliable person who had assisted in numerous police investigations. The informant was lmown to be a long-term client ofASGCC and the Cl indicated that ASGCC.staff never asked the CI for proof of identity'noi has the CI ever been offered counselling.-On September 21,2015 the Detective met with the Cl and, as is standard practice before a'sting operation, searched the CI for contraband,weapons, narcotics and money:Nothing was found. The Cl.entered the ASGCC building at 428 South Street, Hyannis and after a short period of time.the CI exited the same door that.the CI had entered and met the detective at a pre-arranged location. The CI handed the Detective a bag obtained at the ASGCC facility. The bag contained a box of 100 needles and syringes,numerous water bottles, condoms,rubber bands; Clorox bleach bottles, cotton balls;bandaids,,alcohol wipes and tins, and a container of the drug NARCAN which is used.to offset the effects of a drug overdose.The bag. also contained a bright orange card with the word "NARCAN"on it, along with the name and Hyannis address of ASGCC. The bag and its entire contents were displayed and marked as evidence in the.hearing. Sgt: Challies brings an impressive resume to her duties..A graduate of William Smith College. with a.degree in economics, she received a Juris Doctor:degree from Suffolk University School of Law while working full time.for eight years as a clinical coordinator at Boston's Pine Street Inn and for the Boston Public Health-Commission: She is a.member of the Massachusetts Bar. After working as a police officer for the.Town of Scituate from 1998—2002, she joined the Barnstable Police Department;.first as.a patrol officer and then as a Mountain Bike Officer where she began working with the homeless population and social service agencies. Sgt. Challies testified to'her extensive dealing with the homeless and drug dependent population over many years where she has seen a dramatic growth in this population and a tremendous increase in the incidence of discarded needles and syringes.throughout downtown Hyannis, .including the Village Green behind the JFI{Museum;Main:Street, and homeless camps near schools and athletic facilities; She detailed at least three recent incidents that she viewed as typical examples.of the problem that the:CIU is dealing with. Challies testified that on July 2,2015.,'the Community Impact Unit.responded to a complaint fi•orn a resident of a multi-family dwelling located at 174 E.Main.Street,Hyannis. The resident who called is the mother of two young children,under the age of five.The mother discovered.at least twenty used hypodermic needles and syringes'on the steps to the building and on the adjacent sidewalk; 9 or 1.9 which were uncappedAricluded in the debris on.the sidewalk and steps was a card bearing the words "NARCAN"with the address and telephone number of the` AIDS Support Group of Cape Cod, 428 South Street,Hyannis,MA. There were also rubber tie offs, blue vials of baeteriostatic water,aluminum tins, and alcohol wipes, The mother of these young children was visibly and understandably upset about the potentially devastating health consequences if her:children had unwittingly stumbled over or picked up these needles and were .pricked by them. F In a second incident in late August 2015, Sgt. Challies was patrolling11yannis and went into the woods behind John'Paul II High School;:which is also adjacent to the Hyannis Harbor Hawks field, which is used for the summer• Cape League games: Her investigation revealed a plethora of discarded needles and other drug paraphernalia which was in close proximity to an area used for active recreation by young children and families.The containers and vials found were. identical to those described at 174 E. Main Street,Hyannis and the bright orange NARCAN card was also present: LL As a third example,,Sgt. Challies related that a review of recent Barnstable police logs for the .last several months for incidents involving hypodermic needles revealed a similar alailning 3 pattern of hypodermic needles and syringes discoveredir public places jeopardizing the health and safety of the unsuspecting public, For example,on June 16, 2015, the Barnstable Police were called to the North Street Comfort Station(5.92 Main Street)where a large quantity of hypodermic needles was found in the handicap stall. The log indicated that:the officers dispatched to the restroom found a complete kit consistent with those distributed by the AIDS Support Group of Cape Cod. On June 17,2015, a patron at.the JFK.Museurn reported hypodermic needles located in the public restrooms located at 397 Main Street. On June'29, 2015, the Neurosurgeons of Cape Cod, located at 46.North Street, Hyannis,complained of a homeless camp set up on the premises where daily he had to remove bedding.and used. hypodermic needles from the premises of this medical office.building. And the-stunning increase. in the quantity of hypodermic needles is underscored by the police call answered at 176 Walnut. Street where 50.0 used hypod`ernlic needles were found,- Sgt. Chailles identified a series of photographs taken at the scenes.of'some of the incidents described above. The photographs were accepted in evidence and showed examples of uncapped, used needles acid other drug paraphernalia lying on the ground, on steps,near walking paths, and in Hyannis's public rest room facilities. All of these materials were consistent with the contents of a drug administration kit or bag including the bright orange NARCAN card shown in many of the pictures as discussed in Det, Guiney's testimony.above. `Sgt. Challies also indicated that there are at least 7 pharmacies within 2.1.miles of the ASGCC office on South Street,Hyannis, A CVS pharmacy is only two blocks. or .3 miles away on North Street. Based on.her experience, she believes that at least 95% of the drug-dependent individuals that.she has had interaction with have a Mass Health Insurance card. In all of her years dealing with hundreds of:Hyannis' drug-dependent community, she testified that she has only seen one portable sharps container;in the possession of a drug user.. The third Town witness was Mr. Joel Quinn,a building maintenance worker assigned for approximately the last year to Barnstable Town Hall and.nearby facilities.For the prior two years,he had been assigned as a custodian and,grounds laborer. His duties include cleaning the vicinity of the Town Green and the nearby public comfoii.station. He testified that the comfort station is regularly littered with discarded, used,uncapped needles and syringes, often.with identical paraphernalia displayed by Det. Guiney-associated with.drug use, including the bright orange NARCAN card identified.by Det.Gurney. Quinn also testified that he regularly finds exposed needles on the town green,near benches and walkways, located in public areas including the Town Gieen,'and in close proximity to the Town Bandstand on the Town Green. Quinn indicated that the Town Recreation Department had planned to hold a youth talent show,at the.Town Bandstand in August 2015 attended by some 350 youngsters between the ages of 6 and 1.3, as well as about 100 counsellors. As aprecaution, Quinn swept the;areain and around-the:bandstand about two.hours before the talent show and found approximately 5 uncapped needles within.a few feet of where the children would be located and playing before and during the show. 4 K Quinn also testified that the DPW crew,removedolder shrubs around the Bandstand this Fall of 2015. When the shrubs were dug up and`disturbed, a large number of uncapped and capped needles were found in the bushes and in the mulch lying beneath the bushes. Quinn indicated that it is very common to find discarded and uncapped sharps in the public refuse cans around the area. The sharps:very often pierce the plastic bags and that he.and other maintenance staff are very concerned that:one.of them will become infected by this improperly discarded medical waste. Lastly, Quin n.indicated that the problem.of discarded sharps is common to all of Hyannis and other villages. While working as a ground maintenance laborer before full-time assignment to.the. Town Hall, he.was,operating a high-speed weed wacker and accidently.struck a.hidden needle and syringe in the grass. The contact propelled the sharp needle first into a thick leather working• boot with such force'that the needle;:fully penetrated the boot. Luckily,the penetration stopped short of piercing his foot. Although given the opportunity to cross examine.each of these-witnesses, counsel for ASGCC declined.to do so. The Board finds that the undisputed testimony of these three.witnesses is credible and amply supported by the evidence accompanying their testimony. k r Based on the testimony and evidence offered,the>Board•frnds:that the ubiquitous presence of improperly discarded sharps and associated used drug paraphernalia presents a clear and imminent danger to public health.and-especially to.youngsters and infants who may come into contact with these sharps and be unable to appreciate,the dangers posed and/or to alert adults to the fact of exposure. The Board also finds that,based on documents introduced.from the CDC, OSHA, and the Massachusetts'DPH that these sharps'are very likely to contain.infectious bacteria or viruses; including IIIV, Hepatitis B, and,Hepatitis C, exposure to which can be unrecognized and which,. if left untreated,may not become clinically obvious until years after initial exposure: DECISION Based upon the evidence and arguments presented November:3,2015,memorialized in the above findings.,the Board voted,unanimously;that:sufficient legal questions were presented. regarding the.legality of the action of.the ASGCC, to affirm the cease and.desist order issued by . Director of Public Health,Thomas McKean. Recognizing the arguments posed by the ASGCC regarding the risks of halting the program and the risks of improperly disposed needles,the Board voted unanimously to suspend the.Order for one week allowing the two sides to begin formulating an agreement establishing protocols for the i continuation::of the program while ASGCC sought approval from the Department.of Public. Health and the Town Council to become an approved needle exchange program. The Board stated that it did not expect a final agreement`in that period of time but wished to see some 5 evidence of progress and the promise of a program acceptable to all. The'Board.imposed a requirement for ASGCC to.address some of the most pressing public Health concerns immediately relating to the abutters. The Bearing was continued until November 10,2015. At the continued hearing on November 10, 201.5, the Board was informed by Assistant Town Attorney, Charles McLaughlin,that ASGCC had filed an action in the Barnstable Superior Court and had been granted a Temporary Restraining Order enjoining the Board of Health from enforcing the cease,and desist order. Since negotiations were no longer proceeding and the one. week suspension had expired,the'Board reaffirmed t e validity Hof the Cease and Desist order.. Di.-Way #.Miller Chairman,Barnstable Board of Health 6 THE FOI.LOWIIVG IS/AR_E.7HEI-9EST '.- IMAGES FRO-m' PoOR QUALITYORIGINAL. -A DATA CERTIFIED MAILP RECEIPT Domestic Mail Only Forldelivery information,visit our websile at www.usps.com". I A ;ertifled Mail Fee 3 y )� eta Services&Fees(checkborx,add fee as ap mpdate)� y-s- �' J s,'�y- .- Town of Barnstable - ®Retum Receipt(hardcopY) $ ,..� ❑Return Receipt(electronic) $ -Postmark p k ❑Cerdtled Mall Restricted Delivery $- g L)3 Here 1 Regulatory Services _ ❑Adult Signature Required $ ❑AduitSignature Restricted Delivery$ q. .,,, ' Richard Scah,Director 'ostage rotalPostage and F s ' u.w rl ublic Health Division -4•�� �v`� Thomas McKean,Director §W19 Joseph Carleo, Executive Director Main Street Hyannis,MA 02601 AIDS Support Group of Cape Cod. Yann , ;ry, PO Box 1522,Provincetown,MA 02657 --------- Fax: 508-790-6304 2015 PSN 7530-,02-000-9047 See Reverse for Instructions CERTIFIED MAIL#7015 0640 0005 8489 8089 September 23,2015 Mr.Joseph Carleo and Ms.Donna Mello Executive Director AIDS Support.Group of Cape Cod AIDS Support Group of Cape Cod 428 South Street Hyannis,MA 336 Commercial Street 02601 P.O.Box 1522 Provincetown,MA 02657 ORDER TO CEASE AND DESIST DISTRIBUTION OF NEEDLES/SYRINGES At 5:00 p.m. on September 21, 2015,needles/syringes were distributed to a person from the property managed by you or your staff, located at 1428 South Street Hyannis Massachusetts. Pursuant to M.G.L. 111, Section 215, the Massachusetts Department of Public Health is authorized to promulgate rules for the implementation of not more than ten pilot programs for the exchange of needles in cities and towns within Massachusetts upon nomination ,by the Department. This Section of the Massachusetts General Law specifically reads as follows: "local approval shall be obtained prior to implementation of each pilot program in any city or town." You failed to receive approval of the Barnstable Town Council to distribute needles/syringes within the Town of Barnstable. r In addition,in accordance with M.G.L.A. 94C Section 27,hypodermic syringes or hypodermic needles may be sold in Massachusetts only by a pharmacist or wholesale druggist licensed under the provisions of Chapter 112, a manufacturer of or dealer in surgical supplies or manufacturer of or dealer in embalming supplies. On September 22, 215 at 10:20 a.m., Deputy Chief Matthew Sonnabend was accompanied by Thomas McKean, Director of Public Health for the Town of Barnstable,who handed Donna Mello a handwritten cease and desist order at 428 South Street Hyannis,Massachusetts,where syringes were being distributed. You, your employees, volunteers and agents are hereby ordered to immediately cease and desist the distribution of any needles/syringes within the Town of Barnstable.This cease and desist order shall remain in effect until you demonstrate that you and your organization are operating in compliance with the above cited laws. Thomas A.McKean,R.S.,C.H.O. Director of Public Health t Town of Barnstable Q:\Order letters\Cease and desist letters\letter AIDS Support Group PTOWN needles dist Sep2015.doc LGBT LEGAL ADVOCATES GLAD EQUAL JUSTICE UNDER LAW COi9NiTTl1 ._' .t: October 19, 2015 BY FEDERAL EXPRESS Thomas A. McKean, R.S., C.H.O. Director of Public Health Richard Scali Director of Regulatory Services Town of Barnstable 200 Main Street Hyannis, MA 02601 Dear Mr. McKean and Mr. Scali: We represent AIDS Support Group of Cape Cod with respect to an Order to Cease and Desist Distribution of Needles/Syringes issued by the Town of Barnstable dated September 23, 2015 (the"Order"). The Order contravenes Massachusetts law. We therefore request that the Town reconsider the issuance of the Order and immediately lift it. First, the Order misapprehends M.G.L. c. 111, § 215.and M.G.L. c. 94C, § 27. Under Massachusetts law there is no prohibition on any person or entity possessing or distributing hypodermic syringes or needles. M.G'.L. c. 111, § 215,passed in 1993, authorizes the Department of Public Health to implement"not more than ten pilot programs for the exchange of needles ... upon nomination by ' the Department."While the Department of Public Health may nominate cities and towns for one of its own pilot programs,Massachusetts law does not.otherwise restrict the possession or distribution of needles by any other person or entity. This is made clear beyond peradventure by the Legislature's removal of all such restrictions in c. 94C, § 27 when it passed St. 2006, c. 172. We recommend that you examine the text of§ 27 prior to and after the passage of the 2006 Act. The 2006 Act, for example,repealed the then-existing provision in § 27 (a)prohibiting anyone who is not alealth care provider from possessing a"hypodermic syringe,hypodermic needle, or any instrument adapted for the administration of controlled substances by injection." Similarly,it removed the then-existing provision in§ 27 (b)that"no such syringe,needle or instrument shall be delivered or sold to, or exchanged with, any person except"the listed health care providers. In place of those provisions, and others,the Legislature adopted the current § 27 which provides that syringes may only be sold by a pharmacist,but contains no other restrictions TJ' on the possession or exchange of syringes in Massachusetts. Thus, while DPH is free to "nominate"cities or towns for implementation of its own pilot projects under c. 111, § 215,there is nothing in that statute which applies to entities other than the Department of Public Health. In light of St. 2006, c. 172, there is no bar anywhere in Massachusetts law to the possession or exchange of syringes by a private entity such as AIDS Support Group of Cape Cod. Second, the Town,its Board of Health, and its agents,have no lawful authority to issue the Order. We request that you immediately provide us with the constitutional, statutory, or regulatory authority for issuance of the Order. Third,while the exhaustion of any administrative remedy is not necessary before seeking judicial relief from the Order, and the Town did not identify any administrative process in the Order,please consider this letter as a request to invoke any administrative remedies that the Town believes are required. The Town's unlawful actions have placed individuals at grave risk of contracting devastating and life-threatening diseases, including HIV,hepatitis C, and hepatitis B, for which it can be held responsible. Unnecessary transmission of these diseases will cause profound human suffering and hundreds of thousands of dollars in health care costs to the commonwealth. Furthermore,the Town's actions have eliminated a vital access point at which those at the highest risk of overdose could easily obtain naloxone. Removing this population's access to life saving medication will lead to an increase in fatal overdoses. AIDS Support Group of Cape Cod has always been willing to work with Town officials as a good neighbor,but a political desire to rid the Town of people it deems undesirable cannot justify the infringement of our client's right to engage in lawful activities. We would be happy to speak with you or Town counsel. However, if the Order is not lifted within ten days of receipt of this letter, we intend to file suit and seek relief from the Order as well as attorneys'- fees and costs, including for violation of M.G.L. c. 12, § 111 which prohibits interference with rights secured under the statutes of the commonwealth. Sincerely, Bennett H. Klein Andrew Musgrave Senior Attorney and Legal Director AIDS Law Project Director AIDS Action Committee of Massachusetts Gay&Lesbian Advocates &Defenders 75 Amory Street 30 Winter Street, Suite 800 Boston, MA 02119 Boston, MA 02108 (617)437-6200 (617)426-1350 Issue: Is further legislative clarification necessary to prevent individuals or 'groups' from buying hypodermic needles and distributing them for free Until 2006, it was a crime in Massachusetts for a person to possess, sell or' deliver a hypodermic syringe, hypodermic needle, or any instrument adopted for the administration of controlled substances by injection, unless that person came within an exemption for such professionals as a physician, nurse, podiatrist;dentist, pharmacist or veterinarian, or had received a written prescription.from a physician to purchase such an instrument from a pharmacist. The statute contained a further exemption for needles and syringes that were distributed or possessed as part of a statutorily-authorized pilot program approved by the Department of Public Health, and any such distribution or exchange of said needles or syringes was not considered a crime. The pilot program passed iri 1.993 and codified in G.L c l 11§ 215 provides as follows: The department of public health is hereby authorized to promulgate rules and regulations for the implementation of not more than ten pilot programs for the exchange of needles in cities and towns within the commonwealth"UP on nomination by the department. Local approval shall be obtained prior to implementation of each pilot program in any city or town. Not later than one year,after the implementation of each pilot program said department shall report the results of said program and any recommendations by filing the same with the joint legislative committees on health care and public safety. In 2006 the sale of hypodermic syringes or hypodermic needles for the administration of controlled substances by injection, without a -s prescription, was legalized for persons who have attained the age of 18 years by a licensed pharmacist or wholesale druggist, a manufacturer or dealer is surgical supplies or a manufacturer or dealer in embalming 1 supplies. The decriminalization took the form of a complete rewrite of M.G.L. c. 94C §27, striking all the existing seven paragraphs in the statute which, inter alia, prohibited the delivery or sale of hypodermic to anyone without a prescription and by anyone other than a list of medical professionals. The amended §27 states as follows: Hypodermic syringes or hypodermic needles for the administration of controlled substances by injection may be sold in the commonwealth, but only to persons who have attained the age of 18 years and only by a pharmacist or wholesale druggist licensed under the provisions of chapter 112, a manufacturer of or dealer in surgical supplies or a manufacturer of or dealer in embalming supplies. When selling hypodermic syringes or hypodermic needles without a prescription, a pharmacist or wholesale druggist must require proof of identification that validates the individual's age. A fair reading of G.L. c. 111 §215 and G.L.c. 94C §27 together results in an interpretation that hypodermic needles can be purchased in a pharmacy without a prescription by anyone who can demonstrate that s/he has reached the age of 18. Additionally, needles can still be distributed and exchanged under pilot program which has received the approval of the state Department of Public Health and the local community. There is no legislative authorization which allows for the distribution of needles outside of the requirements of G.L. c. 111 §215 and G.L c. 94C §27. However, in response to a recent order issued by the Barnstable Board of Health requiring a local group to cease and desist from distributing hypodermic until such time as they received DPH and local approval to run a pilot program, Kevin Cranston, director of the Bureau of Infectious Disease at the DPH, was quoted in a local newspaper as saying that the 2006 law is not specific about whether distribution is constrained, and that he was not aware of any statute that would prevent someone from buying needles and distributing them. Carl Sciortino, executive director of the AIDS Action Committee in Boston opined : "The legal fray over needle distribution will continue until it's fixed by.legislation or litigation." 2 d I am hard-pressed to find any language in the 2006 amendments to Section 27 that allows for distribution for of unlimited needles for free and without any oversight. However, a simple clarification may address the argument that'there is no law that prevents distribution by a non-pharmacist so long as no money changes hands. With regard.to Section 27, perhaps the addition.of the language which appears in red would address the issue: § 27. Sale and distribution of hypodermic syringes or hypodermic needles I Effective: September 18, 2006 Hypodermic syringes .or hypodermic needles for the administration of. controlled substances by injection may be sold in the commonwealth, but only to persons who have attained the age of 18 years and only by a pharmacist or wholesale druggist licensed under the provisions of chapter 112, a manufacturer of or dealer in surgical supplies or.a manufacturer of or dealer in embalming supplies. When selling hypodermic syringes or hypodermic needles ,without a prescription, a pharmacist or wholesale " druggist must require proof of identification that validates the individual's age. The distribution of hypodermic needles and hypodermic syringes is otherwise prohibited except as part of a pilot program approved by the . department of public health in accordance. with section two hundred and fifteen of chapter one hundred and eleven. M.G.L.A. 94C § 32I § 321. Drug paraphernalia sale, possession or manufacture with intent to I distribute or sell; penalty; sale of tobacco rolling papers r Effective: July 13, 2006 (a) No person shall sell, Possess, distribute or purchase with intent to distribute or sell, or manufacture with intent to distribute or sell drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, ingest, inhale, or otherwise f 3 introduce into the human body a controlled substance in violation of this chapter. Whoever violates any provision of this paragraph shall be punished by imprisonment in jail or house of correction for not less than one nor more than two years, or by a fine of not less than five hundred nor more than five thousand dollars, or both. (b) Any person who violates the `oregoing provision by selling drug paraphernalia to a person under eighteen years of age shall be imprisoned in the state prison for.not less than three nor more than five years, or by a fine of not less than one thousand nor more than five thousand dollars, or both. (c) On any premises where tobacco rolling papers are sold, the person in control of such premises shall cause to be displayed in a prominent place therein a printed warning that such papers shall not be used in conjunction with the possession of a controlled substance the possession of which is punishable by a fine or imprisonment. Whoever violates the provisions of this subsection shall be punished by a fine of not less than fifty nor more than two hundred dollars. (d) This section shall not apply to .the sale of hypodermic syringes or hypodermic needles to persons over the age of 18 pursuant to section 27 or the distribution of hypodermic syringes and hypodermic needles pursuant to section two hundred and fifteen of chapter one hundred and eleven. 4 .. ® Complete items 1,2,and 3.Also complete A• i a r item 4 if Restricted Delivery is desired. ❑Agent ® Print your name and address on the reverse ❑Addressee so that we can return the card to you. ceived hd( me) of Del`ery ® Attach this card to the back of the mailpiece, or on the front if space permits. is deli ve dress different from item 1. ❑Y s 1. Article Addressed to: If YES,enter delivery address below: ❑No o 60x Q-3 n^ IT �JI / ^1 - 3. Service Type N r ❑Certified Mail ®Express Mail D 3 Z ❑ Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service labeq PS Form 3811,August 2001 'Domestic Return Receipt 102595-02-M-1540 I UNITED STATES POSTAL SERVICE First-Class Mail � Postage&Fees Paid LISPS Permit No.G-10 I • Sender: Please print youf'r rne, address, and ZIP+4"in this box a" MA iAl (00 i Town of Barnstable Regulatory Services Department Public Health Division 200 Main Street, Hyannis MA 02601 Office: 508-862-4644 Thomas F.Geiler,Director FAX: 508-790-6304 Thomas A.McKean,CHO May 9,2005 Mr.Chandler W.Bosworth P.O.Box 685 Centerville,MA 02632 NOTICE TO ABATE VIOLATIONS OF THE STATE SANITARY CODE,CHAPTER 2, 105 CMR 410.00 The property owned by you located at 428 South Street,Hyannis, MA. was inspected on May 9, 2005 at 11:45 a.m. by Thomas McKean, Health Agent for the Town of Barnstable because of a complaint. The following violations of the State Sanitary Code, 105 CMR 410.00 were observed: 105 CMR 410.450,MEANS OF EGRESS: A sleeping area with three beds observed within the basement without any second means of egress provided. 105 CMR 410.401: The floor- to-ceiling height is less than seven feet throughout the entire basement. The floor-to-ceiling height is only 6.7 feet in approximately one-half of the basement and only the ceiling height is only 6.0 feet in the remainder of the basement sleeping area. 105 CMR 410.482: No operational smoke detectors provided throughout the dwelling. None of the four smoke detectors were operational. 105 CMR 410.481: An.open'contairier full of trash'and debris was observed on the ground beside the side entrance door. 105 CMR 410.401: One bed observed within a second floor room(south-east comer room)that had insufficient ceiling height. The floor-to-ceiling height is only 6.6 feet at the highest point, with approximately 82 percent of the remainder of that room having a lower floor-to-ceiling height (one foot in some areas)due to the slanted ceiling within most of the room. You are ordered to provide operational smoke detectors within the dwelling,within or adjacent,to each bedroom,within 24 hours of your receipt of this notice. You are ordered to remove the illegal bedroom from the basement by removing all r of the beds and the persons occupying this space within thirty (30) days of your receipt of this letter. You are ordered to remove the bedroom from the second floor(south-east room) by removing the bed and the persons occupying this space within thirty (30) days of your receipt of this letter. 1 r In additional, you are ordered to remove all of the improperly contained trash and debris within twenty-four hours of your receipt of this letter. You may request a hearing before the Board of Health if written petition requesting same is received within seven(7)days after the date the order is served. Non-compliance will result in the issuance of non-criminal ticket citations of$100.00 each. Each day's failure to comply with an order shall constitute a separate'violation. ;PERORDE THE BOARD OF HEALTH as A.McKean Director of Public Health ` { r { 4 . FORM30 CHIW HOBBsB WARREN'M THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH CITY/TOWN DEPARTMENT GSM sVO Jw ADDRESS TELEPHONE (� Address � c '�^r-�-�__ Occupant R, 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_; � s� Qs,,�,o� chi_ Remarks Reg. Vio. YARD Out Bld s.: Fences: Garbage and Rubbish Containers: to 1� 9 '�bl�- t9bav�ve infer ,� c� Drainage conl z,""er- ne0— {o 5. 1 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: eQ S o Ind , . � �� n Dampness: .I- ron. 4., , 4,a Stairs: `, ► p, Li htin STRUCTURE INT. Hall,Stairway: Obst'n.: Hall, Floor,Wall,Ceiling: Hall Lighting: 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 ❑ 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), Bedroom 2 Bedroom 3 Bedroom 4 nr Hot Water Facil. Sup.Ten.,Gas, Oil, Elect.: a-- ti, Stacks, Flues,Vents,Safeties: Kitchen Facilities Sink M1, . Stove Bathing,Toilet Facil. Vent., Plumb.,Sanit'n.: Wash Basin,Shower or Tub: Infestation Rats, Mice, Roaches pr Other: Egress Dual and Obst'n: /v General Building Posted ^ a . Locks on Doors: 5,•4 �e _ -V work„ `wj ys 2 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." ((�� p INSPECTOR �ec J�eGa. TITLE Dire DATE fi)� P.M. j 1_�_ ���^` TIME F 1 S _ A.M. THE'NEXT SCHEDULED REINSPECTION 20 OPCI-S P.M. .... .. .... ..:. ..., -y.-c,:. ,-:+.'r.; f;.i Y3;p,`q.� iY�- .. ,. y� ,. ai.—. 'iiR�niY+-m,. r.GirJ-. s�"A•M_r1�!r-•,c., ... r.,.-� --.... ., ,y .. _ 410.750: Conditions Deemed to Endanger or Impair Healt-i 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 41C.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. Fa lure 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 qua,)tity, 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 orovide 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 capac'ty 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. ; FORM30 IIW HOBBS&WARREN'M THE COMMONWEALTH OF MASSACHUSETTS C� BOARD OF HEALTH CITY/TOW N a DEPARTMENT c ADDRESS G, 9y0 M TELEPHONE Address_I ► re I __ Occupant wol Floor _Apartment No.- __ __ No. of 09 T �^ 1i cupants. No. of Habitable Rooms_______No.Sleeping Rooms_ _ No.dwelling or rooming units No.Stories _ Name and address of owner__.,Ck_ _W__ @oSW_13_r t Remarks Reg. Vio. YARD.. Out Bld &: 'Fences: Garbage and Rubbish Containers: '° rrrS,' 9 Or6ir: 0t sq u W;7 a N 11 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: r"f d s o 1" .,v c+ ,.+;{ib�`� kph ;(Ieq,a 1 j. Dampness: SE?�w+ k rnnN► AI Q i-- JQ a.11- _6 Stairs: Jeo Lighting: � ��4- c,al'.,nt Le; STRUCTURE INT. Hall,Stairway: -f j-)O Obst'n.: Hall, Floor,Wall,Ceiling: Hall Lighting: Hall Windows: HEATING Chimne s: Central ❑ Y ❑ N Equip. Repair TYPE: Stacks, Flues,Vents: PLUMBING: Sup ly Liner ❑ MS ❑ ST ❑ P Waste Line.- H.W.-Tank(s)Safety and Vent(s) ELECTRICAL Panels, Meters,Cir.: ❑ 110 ❑ 220, Fusing,Gma: AMP: Gen.Cond. Distrib. Box: Gen. Basement Wiring: DWELLING UNIT Ventil. Lgtng. Outlets Walls Ceils. Wind. Doors Floors Locks Kitchen Bathroom Pantry Den Living Room Bedroom 1 Bedroom 2 Bedroom 3 Bedroom 4 1' 4-rrw ��i ra r, r H � .Hot Water Facil. Sup.Ten.,Gas, Oil, Elect.: 3oP ,,��,,;,f ' ,�nq, 41 _, Stacks, Flues,.Vents,Safeties: 4- ,,. f; 4 2 y,j w.4 Kitchen.Facilities Sink G Stove Bathing,Toilet Facil. Vent.,Plumb.;Sanit'n.: Wash Basin,Shower or Tub:' '- Infestation Rats, Mice, Roaches r Other: Egress Dual and Obst'm IN6 -SeC AA iw.a, S e3l, 0 r-P A6 ,r Jt d (od q3 General Buildin Posted \n baSvP ,n kae rya M• Locks on Doors: �J, ill �i( 5.•�a * n cIV wafk yJ9 2 ONE OR MORE OF THE VIOLATIONS.CHECKED ABOVE IS A CONDITION WHICH v 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 JINSPECTION REPORT IS SIGNED AND CERTIFIED UNDER THE PAINS AND PENALTIES -�OTF��-P�ERJURY." INSPECTOR C CA(44)CC4, TITLE DATE a—�cl A)s 1 ' TIME I f .'��j _ P.M. A.M. THE NEXT SCHEDULED REINSPECTION DPP I_S 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) 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. Barnstable Assessing Search Results Page 1 of 2 a k� Home: Departments:Assessors Division. Property Assessment Search Results 428 S IT STRFAVET Owner: BOSWORTH,W CHANDLER Property Sketch Legend Map/Parcel/Parcel Extension f 308 /124/ d Mailing Address BOSWORTH,W CHANDLER le P 0 BOX 685 ' CENTERVILLE, MA. 02632 2005 Assessed Values: ,. Appraised Value Assessed Value Building Value: $ 157,700 $ 157,700 Extra Features: $2,300 $2,300 Outbuildings: $0 $0 Land Value: $159,300 $159,300 Interactive Property Map: ap requires Plug in: Totals:$319,300 $319,300 1 have visited the maps before • Show Me The Mau ' � April 2001 photos available E�,'vgg Sales History: Owner: Sale Date Book/Page: Sale Price: BOSWORTH,W CHANDLER 11/18/1999 12671/261 - $ 150,000 DUNNE, HELEN B 4/15/1996 10136/333 $ 1 DUNNE,JAMES F&HELEN B 12/31/1958 2672/251 $0 2005 REAL ESTATE Tax Information: Tax Rates:.(per$1,000 of valuation) Land Bank Tax $57.95 Town Fire District Rates Other I $6.05' Barnstable-Residential $2.12 Land B• Barnstable-Commercial $2.80 Hyannis FD Tax(Residential) $485.34 C.O.M.M.-All Classes $1.01 Cotuit FD-All Classes $1.28 Town Tax(Residential) - $ 1,931.77 Hyannis-Residential $1.52 Hyannis-Commercial $2.39 W Barnstable-Residential $1.44 W Barnstable-Commercial $2.10 Total: $2,475.06 Due to rounding differences these values may vary http://www..town.bamstable.ma.us/tob02/Depts/AdministrativeServices/Finance/Assessing/... 5/9/2005 ur) �. .•. co rt.i MI . . OFFICIAL USE rU `D Postage $ rU , n® p Certified,Fee a .7 pReturn Receipt Fee /r / P H reark (Endorsement Required) S— M Re' tdoted De"very Fee (Endorsement Required) Lr) IlJ Totai Postage&Fees $ r p Sent To y p �'�? e R � -Schct� r` Street,Apt No.;- -- Q ---- -- orPO Box No. © C%Iy,State,ZIP+4-•---------------• U l�.iv ------------ ----�--/------------- RN ICg . 0/`(O :rr rr Certified Mail Provides: (esraney)ZppZeunr'OOae�o�sd o A mailing receipt n A unique identifier for your mailpiece o A record of delivery kept by the Postal Service for two years Important Reminders: o Certified Mail may ONLY be combined with First-Class Mail®or Priority Mail®. o Certified Mail is not available for any class of international mail. a NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. o For an additional fee,a Return Recelpt 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 article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®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". o 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. Internet access to delivery information is not available on mail addressed to APOs and FPOs. Barnstable Assessing Search Results Page 2 of 2 Land and Building Information Land Building Lot Size(Acres) 0.22 Year Built 1948 Appraised Value $ 159,300 ,, M Living Area 2040 Assessed Value $ 159,300 Replacement Cost$204,839 Depreciation 23 Building Value 157,700 Construction Details Style Cape Cod Interior Floors HardwoodCarpet Model Residential Interior Walls Drywall Grade Average Heat Fuel Oil r Stories 1 1/2 Stories Heat Type Hot Water Exterior Walls Wood Shingle AC Type None Roof Structure Gable/Hip Bedrooms -3 Bedrooms Roof Cover Asph/F GIs/Cmp Bathrooms 2 Bathrooms Total Rooms 8 Rooms. Extra Building Features Code Description Units/SQ ft Appraised Value Assessed Value FPL Fireplace 1 $2,300 $2,300 Property Sketch Legend BAS First Floor, Living Area FST Utility Area(Finished Interior) UAT Attic Area(Unfinished) BMT Basement Area(Unfinished) FTS Third Story Living Area(Finished) UHS Half Story(Unfinished) CAN Canopy FUS Second Story Living Area(Finished) UST Utility Area(Unfinished) FAT Attic Area(Finished) GAR Garage UTQ Three Quarters Story(Unfinished) FCP Carport GRN Greenhouse UUA Unfinished Utility Attic FEP Enclosed Porch PTO Patio UUS Full Upper 2nd Story(Unfinished) FHS Half Story(Finished) SFB Semi Finished Living Area WDK Wood Deck FOP Open or Screened in Porch TQS Three Quarters Story(Finished) 4 http://www.town.bamstable.'Ma.us/tob02/Depts'/AdministrativeServices/Finance/Assessing/... 5/9/2005 •