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HomeMy WebLinkAbout0043 ERIN LANE _ _ �� y I it I iii I I �. _ .__, � .. Town of Barnstable Town of Barnstable SEARCH WARRANT TRIAL COURT OF MASSACHUSETTS G.L. c.276,si-7 DISTRICT COURT DEPARTMENT BARNSTABLE DIVISION SEARCH WARRANT DOCKET# To the sheriffs of our several counties, or their.deputies, any State Police Officer, or any Constable or.Police Officer of any.city or town within'our-said Commonwealth: Proof by affidavit, which is hereby incorporated by reference, having been made this day before me, that there is probable cause for believing that the property described below: ❑ Has been stolen, embezzled, or obtained by false pretenses Is intended for use or has been used'as the means of committing a crime. ❑ Has been concealed to prevent a crime from being discovered is unlawfully possessed or kept or concealed for an unlawful purpose. ❑ Is evidence of a crime or is evidence of criminal activity )d Other (specify): is hampering with quality of life of residents-.see attached affidavits. You are therefore commanded within a reasonable time and in no event later than seven days from issuance of this search warrant to search the following property for Violations of the state sanitary code, fire prevention regulations, building code violations,zoning code violations and any other city ordinances adopted by the Town of Barnstable. At: 43 Erin Lane, Hyannis(Barnstable), Ma. 62601 A two story single family dwelling constructed in 1984 containing 4,bedrooms and 1 full bath on 0.31 acres as identified in the,assessor's records being on Map 291 Parcel 017-007. Record Owner: Samuel M. & Kathleen G Hutchings 417 Bragdon Road Wells,ME 04090 Patrick M. Devine, representative Estate of Samuel Hutchings Occupied by: Randall Newell Andrew T. Laverty You ❑ are, 'are.not also.authorized to conduct the search at any time during the night. You ❑ are X are not also authorized to enter the premises without announcement. 3 k You ❑ are)f are not also commanded to search any person present who may be found to have such property in his or her possession or under his or her control or to whom such property may have been delivered. I ❑ have c Chave not previously submitted the same,application. Date Issued Signature of Justice, Clerk Magistraw Assistant Clerk Magistrate .7014M M TVL-1&l kGt . d111^u33.?, I za—_ First or Administrative Justice. Printed Name of Justice, Clerk Magistrate or Assistant Clerk Magistrate . 4 Assessor's map and lot number : .............. ; s ..-•--'.'"_ � THE Oi` i Sewage Permit number ........................................................ � ' Z BARNS TABLE. House number MA°a OO i679• p�BMpYa\9 TOWN OF BARNSTABLE �E BUILDING INSPECTOR APPLICATION FOR PERMIT TO � s .��r ....................: TYPE OF CONSTRUCTION . 4 .....`�..................19. ._ TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following /following information: Location .. .�. .. � !` � ? ??............................ �_ ................� ProposedUse .................... ....... .......................na ....................................................... ...................... y`- V Zoning District ..................................................Fire District ......�-:d.....................................'......... Name of Owner ...........................Address .....I .. ......��?r�.«...�'......�`�o �wut�'...... lk Name of Builder ................. ?-``�0-....'.` ............................Address ....... ................., !.sz.........`....................... r' Nameof Architect .. ...............................................................Address ....................................-:............................................. Number of Rooms ............... ..............................................Foundation ...... >{ ;�st J..;................................ Exterior �...-- c���a ? "r ....Roofing C ' /..1../ ................ .. .�. .... .............._. g ......... . .........n.............n.............................. C ....................Interior .:..........W �..1�` 1� Floors : ........ ..........�:K...-«..... �'.. ...L-- ............................................ C ......Plumbing ............� .............. .....................Heating .Fireplace pp �..................................................................................Approximate Cost ..... - 5;-A. .................................................:.... Definitive Plan Approved by Planning Board -----------_______-----------19_______. Area -C) .** ............. Diagram of Lot and Building with Dimensions Fee ............................................. SUBJECT TO APPROVAL OF BOARD OF HEALTH IV f f Zt 1( ld 30 , a w -- OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding''the above construction. !f Name ..........::::: ................................................................ Construction Supervisor's License . �� . l _ _ OLD STAGE, INC. A=291-17 0&'7 No ... Permit for A z...St!?-TY.............. Single.. ..... ................. Location Zriri-L'amp............ ..................uyanais........................................... Owner .....Ud...$t.ak.g.Q......1jaC......................... Type of Construction .......Fxame...................... ................................................................................ Plot .....................:...... Lot ................................ Permit Granted ......November...�18.j...19 83 .. .... .. .... .. Date of Inspection ....................................1.9 Date Completed ......................................19 ZI- Z�b - cri-\ l TOWN OF BARN STABLE 25794 • .. Permit No. ----------- t Building Inspector cash X OCCUPANCY PERMIT' ,tlBond _------- --------=----------- �s , t Issued to Old Stage, Inc. Address Zlot 1 43 Erin Lc�nfe,, Hyar.niU r WiringInspector J ,r r P Inspection date Plumbing Easpectorf , Inspection date-- Gas Inspector r nt i, ,/f �'` Inspection date )(Engineering Department-�- A' � Inspection date ° " Board of Health ` t r f ~ Inspection,datewiMu THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON SATISFACTORY COMPLIANCE WITH TOWN ` REQUIREMENTS AND IN ACCORDANCE WITH,SECTION 119.0 OF THE MASSACHUSETTS STATE BUI'LDIING CODE. 06 _._ ;, Building nspector t 1 ,tiY S/ GoT SOT 7 WW CERTIFIED 10LOT 10LA 1 F 0 I : o� g re�rG. LOT ' TO W W 0 F SCALE OATS 30 ( CERTIFY THAT WHAT It SHOWN W., THIS PLANxw IS AS IT EXISTS. 0 N THE IR90 NO UO -CONFORMS TO THE TOWN REGU'LATIO'NS OOYLE ASSOCIATES FALa OUT SASS. e ssor's map and lot number ...................Sewa a Permit number ...... K �� � � M House number �..Y3........................... . INSTALLED IN C�'3VIFL; V� ' Z .BasasTsnLS. .................................. 7 MM6 TOWN OF BAR CS `BLE ,ry � BUILDING 11S�PECTOR APPLICATION FOR PERMIT TO ........ ....................................................... TYPE OF CONSTRUCTION .................. .. - :T.......................................................... .......... .......... .................,9. ,� TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to,the following information: Location ............ ................. .. ...................................... ..................................................................................... ProposedUse ........ ............................. ............................................... r Zoning District ............. .......................................................Fire District .. � ....... !'` ............................................... Name of Owner ..............................Address .....36..... ©csi� � .. ..... ...... Name of Builder .....-... ........................................ ... -.......... Address ...................` ................ ............................................ Nameof Architect ..................................................................Address .................................................................................... Number of Rooms ................C........................0.......................Foundation Exterior ............� 1..........� ... ............. ......Roofing ....:.....u$ 13.L4. ................................................ Floors ............ ....................Interior .............. . .... .. .. ...................................................... Heating T .... �® ...........Plumbing 1 ....��J�3-- ..... ......................y.................. Fireplace ..................................................................................Approximate. Cost ....: >. ......................................... Definitive Plan Approved by Planning Board ------------__,__-----------19_______. Area &o... l 41 Diagram of Lot and Building with Dimensions Fee SUBJECT TO APPROVAL OF BOARD OF HEALTH �� Q I011 zit OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Bar stable regar i the ove construction. Name . ............ .......... ......... ........................... Construction Supervisor's License �. ...................�0 OLD STAGE, INC. 25794 Permit for .1 Z...StorX.............. Single Family Dwelling................ Location Lot:..7,,....... Erin Lane ....... Hy.annis....................... . Owner ..Old...Stage.c....Inc...............:........... f Type"of Construction ..........Frame..... .......... a. r .. ............ ......................................................... - Plot Lot ........... Permit Granted November 18 83 ' .....19 Date of Inspection ..:19 + Da e'dompleted ........ 'l—` .............. 19 J 4 i '18' i Commonwealth of Massachusetts +• • �,• «, '�„�. _ ' ® Barnstable,ss Barnstable District Court - 4 APPLICATION FOR ADMINISTRATIVE WARRANT Subject Property: 43 Erin Lane,Hyannis,MA Applicants: We Brian Florenc Robin Anderson and Jim Parziale,being g duly sworn,on oath y xf y depose and say that JA ` ~ 1. Based on the particular acts set forth in the affidavits of the undersigned ; and a police incident report,Brian,Florence,Robin Anderson and Jim ched hereto,we believe that there are Parziale, dated April 5;2019,atta t . # _ violations of the State Sanitary Code and possible violations of the State Building Code that exist at 43 Erin Lane,(Barnstable)Hyannis,MA 02601 r including: ° a. Septic failure and/or overflow b. Human feces in the bathroom tub-drain and covering tub t E 41 t; c. Rental-Zoning Ordinance Chapter 240 Section 11 A(1)&B(1)• x d. Uncapped needles and drug residue 1 4 'e. Blood spatter on walls and ceilings resulting from injections of li intravenous narcotics f. Urine filled soda and Benefiber bottles' F g. Tipped bottles of urine spilled and leaking on the floor. ` h. Broken windows and doors i L Trash y ij M12. The Cape Cod Drug Task Force executed a search warrant on March 27, 2019.A subsequent BPD incident report indicated conditions unfit for J; - 0 e wa s re ferred to Inspectional above. r P described ab v habiti as property ation _ P P Services for a final determination. ? 3. The court appointed representative of the Samuel M Hutchings estate, s 1 Patrick M Devine was present and advised inspectors that the occupants are 1� not authorized residents,guests or tenants. 4. A lawful attempt to confirm said conditions was denied by the occupants. �! S. .Lawful reasons exist for the Court to issue an Administrative Inspection t 11 Warrant to enable us,accompanied by the Barnstable Police Department, P i us, , I Commonwealth of Massachusetts Barnstable, ss Barnstable District Court APPLICATION FOR ADMINISTRATIVE WARRANT Subject Property: 43 Erin Lane,Hyannis,MA Applicants: We,Brian Florence,Robin_ Anderson and Jim Parziale, being duly sworn, on oath depose and say that: 1. Based on the particular acts set forth in the affidavits of the undersigned and a police incident report,Brian Florence,Robin Anderson and Jim Parziale, dated April 5,2019 , attached hereto,we believe that there are violations of the State Sanitary Code and possible violations of the State Building Code that exist at 43 Erin Lane, (Barnstable)Hyannis,MA 02601 including: a. Septic failure and/or overflow b. Human feces in the bathroom tub drain and covering tub c. Rental-Zoning Ordinance Chapter 240 Section 11 A(1) & B.(1) d. Uncapped needles and drug residue e. Blood spatter on walls and ceilings resulting from injections of intravenous narcotics f. Urine filled soda and Benefiber bottles g. Tipped bottles of urine spilled and leaking on the floor. h. Broken windows and doors i. Trash 2. The Cape Cod Drug Task Force executed a search warrant on March 27, 2019.A subsequent BPD incident report indicated conditions unfit for habitiation as described above. The property was referred to Inspectional Services for a final determination. 3. The court appointed representative of the Samuel M Hutchings estate, Patrick M Devine was present and advised inspectors that the occupants are not authorized residents,guests or tenants. 4. A lawful attempt to confirm said conditions was denied by the occupants. 5. Lawful reasons exist for the Court to issue an Administrative Inspection Warrant to enable us, accompanied by the Barnstable Police Department, { 1 the Barnstable Board of Health, and the Hyannis Fire Department,if necessary,to determine whether there are violations of the State Building Code,Barnstable Health Regulations,the Town of Barnstable Zoning Ordinances and statutes and regulations of the Commonwealth. 6. We therefore apply for an Administrative Inspection Warrant. 7. We seek a Search Warrant to: a. access the subject property'during reasonable hours to; b. make first hand observations regarding the conditions of the interior and exterior of the property with regard to all applicable state and local codes, c. make assessment for the health and safety of all occupants, _ d. record by photograph and/or videotape any evidence of violations of the State Building Code, State Sanitary.Code,Zoning Ordinance and other regulations. The Town of Barnstable desires to take advantage of Chapter 111,Section 127 I of the Massachusetts General Laws,which provides the opportunity to inspect problem residential and commercial properties throughout this urban city of .approximately 50,000 people. Inspections will be conducted under powers pursuant to M.G.L. c. 111 § 127A and 105 CMR 410 for health officials,M.G.L. c. 143, §93 and 780 CMR for building officials,M.G.L. c. 148, §28 and 527 CMR for fire officials,M.G.L.c. 142, § 13 and 248 CMR 2.01(1)for plumbing inspectors and 527 CMR 12.00 for wiring inspectors. THEREFORE,we respectfully request that the Honorable Court issue an Administrative Inspection Warrant authorizing the inspection of the above- referenced property,together with such other relief as the Court may deem appropriate. Signed under the pains and penalties of perjury at Hyannis,Massachusetts this April 16, 2019. Brian Florence Building•Commis ioner ow of Barnsta le Rooin e Ie Chief Zoning Enforcement Officer ealth Inspector 2 Town of Barnstable Town of Barnstable SEARCH WARRANT TRIAL COURT OF MASSACHUSETTS G.L. c.276,si-7 DISTRICT COURT DEPARTMENT BARNSTABLE DIVISION SEARCH WARRANT DOCKET# To the sheriffs of our several counties, or their deputies, any State Police Officer, or any Constable or Police Officer of any city or town within our-said Commonwealth- Proof by affidavit, which is hereby incorporated by reference,having been made this day before me,that there is probable cause for believing that the property described below: ❑ Has been stolen, embezzled, or obtained by false pretenses Is intended for use or has been used as the means of committing a crime. ❑ Has been concealed to prevent a crime from being discovered is unlawfully possessed or kept.or concealed for an unlawful-purpose. ❑ Is evidence of a crime or is evidence of criminal activity )d Other(specify): is hampering with quality of life of residents.- see attached affidavits. You are therefore commanded within a reasonable time and in' no event later than seven days from issuance of this search warrant to search the following property for Violations of the state sanitary code,fire prevention regulations, building code violations,zoning code violations and any other city ordinances adopted by the Town of Barnstable. At: 43 Erin Lane,Hyannis (Barnstable),Ma. 02601 A.two story single family dwelling constructed in 1984-containing 4 bedrooms and 1 full bath on 0.31 acres as identified in the assessor's records being on Map 291 Parcel 017-007.• . Record Owner: Samuel M. & Kathleen G Hutchings 417 Bragdon Road Wells, ME 04090 Patrick M. Devine,representative Estate of Samuel Hutchings - Occupied by. Randall Newell Andrew T. Laverty You ❑ are)'are not also authorized to conduct the search at any time during the night. You ❑ are are.not also authorized;to enter the premises without announcement: 3 You ❑ are are not also commanded to search any person present who may be found to have such property in his or her possession or under his or her control or to whom such property may have been delivered. I ❑ have t 4have not previously submitted the same application. Date Issued Signature of Justice;Clerk Magistra Assistant Clerk Magistrate 77 OH N M -ITU t p //ma'O A u�A�.n►an 1:[L-- k. First or Administrative Justice Printed Name of Justice, Clerk Magistrate or Assistant Clerk Magistrate 4 Commonwealth of Massachusetts Barnstable,ss Barnstable District Court AFFIDAVIT OF BRIAN FLORENCE, IN SUPPORT OF AN APPLICATION FOR ADMINISTRATIVE INSPECTION WARRANT . Subject Property: 43 Erin Lane,Hyannis,MA rt Applicants: Brian Florence,Building Commissioner Robin Anderson, Chief Zoning Officer James Parziale,Health Inspector 1. I am currently employed as the Building Commissioner for the Town of Barnstable. 2. I have served in that capacity since 2017. My principal duty is to investigate properties and activities that may not in compliance with the Zoning Ordinance of the Town of Barnstable, Chapter 240 of the General Ordinances of the Town, as well as other regulations and ordiances. 3. I have become familiar with the property located at 43 Erin's Lane,Hyannis,MA because of complaint referred to me by the Barnstable Police Department regarding activities and conditions at this location. 4. The record owners of the property are Samuel M. and Kathleen G. Hutchings. The property is assessed to them at 417 Bragdon Road,,Wells,Maine 04090. 5. Mr. Hutchings is deceased and the estate is represented by Mr.Patrick Devine as the appointed responsible party by the authority of court documents and submitted to staff. 6. The subject property is a single-family home occupied by unrelated parties including Randall Newell,Andrew T, Laverty and other unnamed occupants. 7. The court-appointed representative;Mr. Devine advised staff the occupants are not authorized to reside on site and the apparent conditions of the property have deteriorated to a point of crisis. 8. 'I reported to the subject property on 04/05/2019 with Robin Anderson, Chief Zoning Enforcement Officer,James Parziale, Health Inspector and Officer. .Therese Gallant, BPD. I observed Andrew Laverty answer the door. He stated he, did not live there and notified Randall Newell to come to the door. . - 1 9. I advised Mr.Newell we were from the Town of Barnstable Inspectional Services and we were responding to a complaint citing concern over the living conditions inside the dwelling. 10. After expressing concern for the health and safety of Mr.Newell and the other occupants, I asked permission to enter in order to observe the conditions. Mr. Newell denied entry to the dwelling to all parties present. 11. Mr.Newell represented he had approval from another party to continue to reside there. He was subsequently advised that court documents could be immediately produced demonstrating that Mr.Devine is the only legal representative.of the property. Mr.Newell remained uncooperative. 12: I stated that we would conclude our business on this occasion but.would seek an administrative warrant to gain access in order that the safety and sanitary conditions could be confirmed to be fit for human habitation. 13. I have attached a copies of the following documents: a. BPD Incident Report Ref: 19-568-OF dated 04/05/2019 and updated on 04/09/2019 indicating the unsafe/unsanitary conditions observed'by the BPD. b. Appointment of Mr. Patrick Devine, estate representative for estate of Samuel M. Hutchings. Based on the information above, I believe that there is probable cause to conclude that the subject property is in violation of the state building and sanitary codes,-the Town of Barnstable zoning ordinances and rental regulations. Signed under the pains and penalties of perjury this•16th day of April,2019. Brian Florence, Building Commission r Town of Barnstable 2 Commonwealth of Massachusetts Barnstable, ss Barnstable District Court AFFIDAVIT OF ROBIN ANDERSON, IN SUPPORT OF AN APPLICATION FOR ADMINISTRATIVE INSPECTION WARRANT Subject Property: 43 Erin Lane,Hyannis,MA Applicants: Brian Florence,Building Commissioner Robin Anderson, Chief Zoning Officer James Parziale,Health Inspector 1. I am currently employed as the Chief Zoning Enforcement Officer for the Town of Barnstable. 2. I have served in that capacity since 2005.My principal duty is to investigate properties and activities that may not in compliance with the Zoning Ordinance of the Town of Barnstable, Chapter 240 of the General Ordinances of the Town. 3. I have become familiar with the property located at 43 Erin's Lane,Hyannis, MA because of complaint referred to my office by the Barnstable Police Department about activities and conditions at this location. 4. The record owners of the property are Samuel M. and Kathleen G. Hutchings. The property is assessed to them at 417 Bragdon Road, Wells, Maine 04090. 5. Mr. Hutchings is deceased and the estate is represented by Mr. Patrick Devine as the appointed responsible party by the authority of court documents and shown to staff. 6. The subject property is a single-family home occupied by unrelated parties including Randall Newell,Andrew T, Laverty and other unnamed occupants. 7. The court-appointed representative, Mr.Devine advised staff the occupants are not authorized to reside on site and the apparent conditions of the property have deteriorated to a point of concern. 8. I reported to the subject property on 04/14/2019 with Brian Florence, Building Commissioner,James Parziale, Health Inspector arid-Officer Therese Gallant, BPD. I observed Andrew Laverty answer the door.-He stated he did not live there and notified Randall Newell to come to the door. 1 9. The Building Commissioner advised Mr.Newell we were from the Town of Barnstable Inspectional Services and we were responding to a complaint citing concern over the living conditions inside the dwelling. 10.After expressing concern for the health and safety of Mr.Newell and the other occupants,the Building Commissioner asked permission to enter in order to observe the conditions. Mr.Newell denied entry to the dwelling to all parties present 11. Mr.Newell represented he had approval from another party to continue to reside there. He was subsequently advised that court documents could be immediately produced demonstrating that Mr. Devine is the only legal representative of the property. Mr.Newell remained uncooperative.'' 12. The Building Commissioner stated that we would conclude our business on this occasion but would seek an administrative warrant to gain access m order that the safety and sanitary conditions could be confirmed to be fit for human habitation. 13.Please reference copies of the following documents submitted herein: a. BPD Incident Report Ref- 19-568-OF dated 04/O5/2019 and updated on 04/09/2019 indicating the unsafe/unsanitary conditions observed by the BPD. b. Appointment of Mr. Patrick Devine,estate representative for estate of Samuel M.Hutchings. Based on the information above,I believe that there is probable cause to conclude that the subject property is in violation of the Town of Barnstable zoning ordinances and rental regulations. Signed under the pains and penalties-of perjury thisl6th day of April, 2019. �+Ader oing Enforcement Officer Town of Barnstable 2 Commonwealth of Massachusetts. Barnstable,ss Barnstable District Court AFFIDAVIT OF JAMES PARZIALE IN SUPPORT OF AN APPLICATION FOR ADMDUSTRATTVE-INSPECTION WARRANT Subject Property: 43 Erin Lane,Hyannis,MA Applicants: Brian Florence,Building Commissioner Robin Anderson,Chief Zoning Officer James Parziale,Health Inspector 1. I am currently employed as A Health Inspector for the Town of Barnstable. 2. I have served in that capacity since 2010.My principal duty is to inspect investigate residential properties for compliance with the state sanitary code and local health regulations. 3. I have become familiar with the property located at 43 Erin's Lane,Hyannis,MA because of complaint referred to the Inspectional Services Dept.by the Barnstable Police Department about activities and conditions at this location. 4. The record owners of the property are Samuel M. and Kathleen G. Hutchings. The property is assessed to them at 417 Bragdon,Road,Wells,Maine 04090. . 5. Mr.Hutchings is deceased and the estate is represented by Mi. Patrick Devine as ' the appointed responsible party by the authority of court documents and shown to staff. 6. The subject property is'a single-family home occupied by unrelated parties including Randall Newell,Andrew T, Laverty and other unnamed occupants. 7. The court-appointed representative,Mr.Devine advised staff the occupants are not authorized to reside on site and the apparent conditions of the property have deteriorated to a point of.concern. 8. I reported to the subject property on 04/5/2019 with Brian Florence,Building Commissioner,Robin Anderson, Chief Zoning Enforcement Officer,and Officer Therese Gallant, BPD. I observed Andrew Laverty answer the door. He stated he did not live there and notified Randall Newell to come to the door. 1 ', 9. The Building Commissioner advised Mr.Newell we were from the Town of Barnstable Inspectional Services and we were responding to a complaint citing concern over the living conditions inside the dwelling. 10. After expressing concern for the health and safety of Mr.Newell and the other occupants,the Building Commissioner asked permission to enter in order to observe the conditions. Mr.Newell denied entry to.the dwelling to all parties present. 11. Mr.Newell represented he had approval.from another party to continue to reside there. He was subsequently advised that court documents could be immediately produced demonstrating that Mr.Devine is the only legal representative of the property. Mr.Newell remained uncooperative. 12. Brian Florence stated that we would conclude our business on this occasion but would seek an administrative warrant to'gain access in order that the safety and sanitary conditions could be confirmed to be fit for human habitation. 1.3. I have attached a copies of the following documents: a. BPD Incident Report Ref:49-568-OF dated 04/05/2019'and updated on 04/09/2019 indicating the unsafe/unsanitary conditions observed by the BPD. b. Appointment of Mr. Patrick Devine, estate representative for estate of Samuel M.Hutchings. Based on the information above, I believe that there is probable cause to conclude that the existing conditions are unsuitable for human habitation in accordance.with state and local sanitary codes. Signed under the pains and penalties of.perjury this 16th day of April,201.9. es Parzi , Health Inspector Town of Barnstable II 2 Barnstable Police' Department Page: 1 MRRATIVE FOR PTL. THERESE M GUMANT Ref: 19-568-OF - Entered: 04/05/2019 @ 1203 Entry ID: 209 Modified: 04/09/2019 @ 1203 Modified ID: 209 During the course of my duties as the Consumer Affairs Officer for the Town of Barnstable, I learned of a recent drug search warrant executed by the Cape Cod Drug Task Force on March 27, 2019 at 43 Erin Lane in Hyannis'. Relative to the execution of this search warrant,four subjects were arrested from the residence and evidence was seized. NOTE: 43 Erin Lane has been identified as a Chronic Problem Property in the Town of Barnstable and an effort was underway to identify the current owner of this residence to address the concerns there. I had an opportunity to review a report filed by participating Officers in the search warrant and read the following description. "There was trash all over the place,used uncapped needles, empty used bags with white residue powder inside. There was blood splatter on the ceilings from what appeared to be due to injecting intravenous narcotics. There was full soda bottles and benefiber bottles with what appeared to be urine in them.. Some of the bottles were spilled all over onto the floor and leaking. The bathroom appeared to have human feces coming out of the drain and covering the tub." NOTE: This report also indicated that Officers were not comfortable deploying a K-9 due to the risk of exposure to the used needles and baggies in the residence. Based upon this information, and in keeping with my position, I notified the Town of Barnstable Building Commissioner of my concerns relative to the sanitary conditions and potential health hazards within this residence. On this same day, I was advised that AttomeyiWCarchidi had been to the Barnstable Police Department seeking information about this particular residence. I later had a phone conversation with Attorney Carchidi who advised me that he represented Devine, who had been appointed as the personal representative of the Estate of Samuel M. Hutchings,the owner of record of 43 Erin Lane,who had since passed away. Having established ownership of the residence, °I provided this information,to Commissioner,Florence who indicated that he would inspect the premises for occupancy concerns based upon the information I had provided him. I requested that Attorney Carchidi and Mr. Devine accompany us when that inspection took place. On April 5, 2019 at 10:30 a.m., Building Commissioner Florence, Chief Zoning Officer Anderson, Health Inspector Parziale and myself approached 43 Erin Lane to request permission for access to inspect the premises. We encountered JEW Laverty and Newell at the front door. Commissioner Florence explained why we were there and requested permission to enter in order to inspect the premises for the aforementioned concerns. Laverty stated that the toilets were working but that the house was a mess because the police had been there and tossed everything around. Newell demanded to see "paperwork" as to ownership and shortly thereafter he was given an opportunity to review the court documents appointing Mr. Devine as the representative of the Estate of Samuel Hutchings. Newell stated that he didn't know anything about this and that entry would not be allowed. Commissioner Florence then advised Newell that an Administrative Search Warrant would be sought for this residence and we left the property thereafter. Barnstable Police Department rage Incident Report 04/05/2019 Incident #: 19-568-OF Call #: 19-13629 PACE.1NVOLVED SEX, ? NEWELL, RANDALL BRIAN III M w ^ 43 ERIN IN HYANNIS MA 02601-2589 ilitary Active Duty: N HEIGHT: HAIR: BROWN EYES: HAZEL BODY: COMPLEXION: PLACE.OF IF STAT ETHNICITY: PCF #: [CONTACT INFORMATION] Home Phone (Primary) Home Phone (Primary) Home Phone CallBack Number (Primary) Mff [APPEARANCE] GLASSES WORN: NO SCARS: SC A LEGION SHIN) TATTOOS: TAT CHEST(BABY FOOT) , TAT LF ARM(JESUS,MARY,,ANGELS) ALIAS LAST NAME FIRST NAME MIDDLE NAME [FAMILY/EMPLOYMENT INFORMATION] MARITAL.STATUS: SINGLE FATHER'S NAME: MOTHER'S NAME: EMPLOYER/SCHOOL OCCUPATION: LOCATION TYPE: Residence/Home/Apt./Condo Zone: HYA1 RANDALL NEWELL Y 43 ERIN IN HYANNIS MA 02601 1 Assist Other Agency - -_-- -. LETTERS OF AUTHORITY FOP, Docket No. Commonwealth of Massachusetts BA19PO344EA The Trial Court PERSONAL REPRESENTATIVE Probate and Family Court Barnstable Probate and Family Court Estate of: 3195 Main Street Samuel Marcellus Hutchings PO Box 346 Barnstable, MA 02630 Date of Death: 0 7109/2 01 8 (50B)375-6710 To: !- Patrick M Devine z You have been appointed and qualified as Personal Representative in ❑,Supervised ❑X Unsupervised administration of this estate on April 01,2019 - ate These letters are proof of your authority to act pursuant to G.L c.19013,except for the following restrictions if any: ❑ Pursuant to G. Cc. 190B,§3-108(4),the Personal Representative shall have:no right to possess estate assets as provided in§3-709 beyond that necessary to confirm title thereto in the successors to the estate and claims,other than expenses of administration,if any,shall not be paid. ❑ The Personal Representative was appointed before March 31,2012 as Executor or Administrator of the estate. (Do Not Write Below This Line-For Court Use Only) TION I certify that it appears by the records of this Cocrt.t�,&,said appointment remains in full force and effect. IN TESTIMONY WHEREOF I have hereunto set my hand and affj:' the s6*-o maid-Court Date April 2,2019 Anastasia W Perrino,Register of Probate MPG 751 (4115/16) DECREE AND ORDER ON Docket No. Commonwealth of Massachusetts The Trial Court PETITION FOR r Probate and Family Court FORMAL ADJUDICATION Estate of Barnstable Division Samuel Marcellus Hutchings First Name Middle Name Last Name Also Known As: Samuel M. Hutchings, a/k/a Samuel Hutchings Date of Death: 7/9/2018 After a hearing or on the uncontested Petition for Formal Adjudication dated January28,2019 (date) 4 THE COURT FINDS: 1. The Petitioner is an interested person and has filed a complete and verified Petition. 2. The Decedent died on 7/9/2018 (date) ❑ domiciled in Massachusetts OR® Domiciled in the Nevada but owning real property in'Massachusetts 3. The Petition was filed within the time period permitted by law. 4- Any required notices have been given to or waived by all the interested persons and any guardian ad/item appointed has assented to the Petition and/or the report of the guardian ad/item has been considered by the court 5. Venue is proper. r 6. ® The Decedent did not leave a will . 7. ❑ The Decedent left a will. A- ❑ The original will is filed.The will is dated The dates of all codicils are (date) The will arid any codicils are referred to as the will. (date) Based on a preponderance of credible evidence presented,the court is satisfied that: The will is valid and unrevoked.There are no known prior wills that have not been expressly revoked by a later instrument The will is the Decedents last will. B. ❑ The original will has been lost,destroyed,or is otherwise unavailable.The copy of the will or the statement of its contents is dated The dates of all codicils are (date) date(s) — The copy of the will,or the statement of its contents,and any codicils are referred to as the will: Based on a preponderance of the credible evidenq;p e."Aitd,t1f6-court is satisfied that:, a. The contents of the will areas stated in the cagy-`b stater; nffJ-e -%ith the court b. The will is valid and unrevoked.There are no}cnov 'Uslfikliave not been expressly revoked by a later instrument The%all is the Decedent's last wllC ,A-TRUE COPY . ATTEST MPC 755(4115/16) L-��M page 1 of 3 REGISTER TurboLaw-(800)518-8726—c,g.f. Docket No- Estate of: Samuel Marcetlus _ Hutchings c� r, _ First Name Middle Name Last Name •--OR— C) ❑ An authenticated copy of the will and of the decree admitting it to probate in the Decedent's state or county of domicile at the death is filed.The authenticated copy is dated The dates of all (date) codicils are .The authenticated copy of the will and any codicils are referred to as date(s) the will. Based on a preponderance of the credible evidence presented,the court is satisfied that The will was duly admitted to probate by the state or country of the Decedent's domicile at death —OR— D) ❑ The will is not a valid will, 8. At the time of death,the.Decedent's heirs at law were: ® identical to those persons stated in the ®original❑amended MPC.162 Surviving Spouse,Children,Heirs atLaw dated: January 31,2019 and as listed below . - (date) —OR— the following named;persons(each and every heir at law must be named): Bethanne Marie Hutchings Daughter Marcia Jean Finley Daughter The following person is qual'Ified;to serve as Personal Representative pursuant to G.L.c.1sOB,§3-203: Patrick M Devine. First Name M.L Last Name First Name M.I. Last Name t (Address)' (Apt,Und,No.etc.) (Address) {Apt,Unrt,No.etc} . own WF P (Crtylrow) (State) (zip) Primary Phone# Primary Phone P Any will to which the requested appointment relates isarhas been probated. ��`T yr r:a.-. `1 o- •i. ATTEST REGISTER MPG 755 (4/15/16) page 2 of 3 TurboLaw-(800)51 M726—c.g.f. ocket No. Estate of: Samuel Marceilus Hutchings , r First Name Middle Name Last Name r P v J x THE COURT DECREES AND ORDERS (select only that requested on the Peddon): TESTACY DETERMINATION 1. ® The Decedent died'intestate. ❑ The will has not previously been admitted to probate and is hereby admitted to formal probate, ❑ The will is not admitted to formal probate. The Petition is dismissed with prejudice as to that instrument DETERMLNATION OF HEIRS 2 The Decedents heirs at law as of date of death areas found above. APPOINTMENT OF PERSONAL REPRESENTATIVE 3. The aforementioned person is appointed or confirmed as Personal Representative. 4. The Personal Representative shall serve in a(n): ® Unsupervised Administration. ❑ Supervised Administration described as follows: ® without a surety on the bond because: ❑ The will waives the requirement of a surety bond. ® All of the heirs or all of the devisees have filed a written waiver of sureties on the bond. ❑ The Personal Representative is a bank or trust company. ❑ The court finds that sureties are not in the best interest of the estate. ❑ with ❑personal ❑corporate sureties on the bond in the penal sum amount of$ ❑ A Demand for Sureties(MPC 360)has been filed. ❑ The Personal Representative's prior bond is re-examined and approved. 5. Letters of Authority shall issue;or ❑ previously issued Letters of Authority for Personal Representative are confirmed. 6. The Court further orders: Date ;- Justice istrate > > 'ATTEST MPC 755 (4/15/16) page 3 of 3 Turboraw-(600)51 M726—ag.f. ------------ __- f °FTHETpk, Town of Barnstable Regulatory Services MASS. i639' Public Health Division �� prfD""p�p Thomas McKean,Director 200 Main Street, Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Samuel &Kathleen Hutchings April 17,2019 Patrick Devine,Estate Representative 417 Bragdon Road Wells,ME 04090 EMERGENCY CONDEMNATION AND ORDER TO VACATE Finding of Unfitness for Human Habitation and Determination of Immediate Danger In accordance with M.G.L. c.111, sec. 127A and 127B, 105 CMR 400.000: State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter II: Minimum Standards of Fitness for Humans, Jim Parziale,R.S.,Health Inspector for the Town of Barnstable, on April 17, 2019 conducted an investigation of a dwelling unit located at 43 Erin Lane, Hyannis, MA. Based on the results of that investigation,the Barnstable Health Department finds that the dwelling is unfit for human habitation. Pursuant to M.G.L. c. 127B and 105 CMR 410.831 the Health Department further finds that the conditions within the dwelling are such that the danger to the life or health of the occupants of the subject dwelling is so immediate that no delay may be permitted in making this finding. Conditions found within the dwelling,which give rise to the emergency finding of unfitness and'determination of immediate danger, include: 410. 750: Conditions Deemed to Endanger or Impair Health or Safety 410.750 (B)Heating facility is on functioning. 410.750 (B) Heating facility is improperly vented. 410.750 (F) Septic facility is backing up into dwelling. 410.750 (I) Dwelling is not e4uipped with smoke detectors. ,W - Based upon these fmdings any and all occupants are hereby ordered to vacate and the landlord/owner is ordered to secure the subject dwelling within 48 hours of receipt of this order. If any person refuses to leave a dwelling or portion thereof, which was ordered vacated she may be forcibly removed by the local Board of Health(Massachusetts General Laws C. 127B), or by local police authorities at request of the Board of Health. Furthermore, anyone who fails to comply with any order of the board of health may be subject to anon-criminal fine of$100.00. Each day's failure to comply with'`an order shall constitute a separate violation. Any person needing access to the inside of the dwelling must get permission from the Board of Health prior to entry: Note: This is an important legal document. 1t may affect your rights. PER ORDER OF T ARD OF HEALTH as A. Kean, HOW Director of Public Health" Town of Barnstable r �oF1HEiow Town of Barnstable Regulatory Services i + * B"NSMLE. MASS. $ Public Health Division i639• plFD1'°�A Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Samuel&Kathleen Hutchings April 17,2019 Patrick Devine, Estate Representative 417 Bragdon Road Wells,ME 04090 EMERGENCY CONDEMNATION AND ORDER TO VACATE Finding of Unfitness for Human Habitation and Determination of Immediate Danger In accordance with M.G.L. c.111, sec. 127A and 127B, 105 CMR 400.000: State Sanitary Code, Chapter I: General Administrative Procedures and 105 CMR 410.000: State Sanitary Code, Chapter H: Minimum Standards of Fitness for Humans, Jim Parziale, R.S.,Health Inspector for the Town of Barnstable, on April 17, 2019 conducted an investigation of a dwelling unit located at 43 Erin Lane, Hyannis,MA. Based on the results of that investigation,the Barnstable Health Department finds that the dwelling is unfit for human habitation. Pursuant to M.G.L. c. 127B and 105 CMR 410.831 the Health Department further finds that the conditions within the dwelling are such that the danger to the life or health of the occupants of the subject dwelling is so immediate that no delay may be,permitted in making this finding. Conditions found within the dwelling,which give rise to the emergency finding of unfitness and determination of immediate danger, include: 410 750: Conditions Deemed to Endanger or Impair Health or Safety 410.750 (B) Heating facility is on functioning. 410.750 (B) Heating facility is improperly vented'. 410.750 (F) Septic facility is backing up into dwelling. 410.750 (I) Dwelling is not equipped with smoke detectors. F 1 Based upon these findings any and all occupants are hereby ordered to vacate and the landlord/owner is ordered to secure the subject dwelling within 48 hours of receipt of this order. If any person refuses to leave a dwelling or portion thereof, which was ordered vacated she may be forcibly removed by the local Board of Health(Massachusetts General Laws C. 127B), or by local police authorities at request of the Board of Health. Furthermore, anyone who fails to comply with any order of the board of health may be subject to a non-criminal fine of$100.00. Each day's failure to comply with an ^ order shall constitute a separate violation. Any person needing access to the inside of the dwelling must get permission from the Board of Health prior to entry. Note: This is an important legal document. It may affect your rights. PER ORDER OF T OARD OF HEALTH as PER ORDER Kean, HORS Director of Public Health Town of Barnstable a • J INSPECTION REPORT Date: April 17,2019 To: Building File From: Robin Anderson Re: Warrant/Property Inspection Locus: 43 Erin Lane, Hyannis, MA Present: Brian Florence, Building Commissioner,James Parziale, Health inspector, Robin Anderson,Chief Zoning Officer,Therese Gallant, Consumer Affairs Officer/ BPD Weather: Sunny,dry,cool Arrival: Wednesday April, 17, 201910:00 AM All parties identified above reported to the subject site with copies of the administrative warrant obtained'on April 16, 2019. Andrew T. Laverty answered the door and stated that"no one really lives here After a brief exchange, he referred back to the occasion on April 5th when our original effort to inspect the property was initially attempted. On that date, another known occupant, Randall Newell refused us entry without'a search warrant. As a result, we returned on April 17th with warrant in hand. Wednesday morning(the 17th) Mr. Laverty reiterated that Mr. Newell wanted a warrant before anyone was admitted to the dwelling.The Building Commissioner handed him a copy of the search warrant and explained it.was his(Laverty's)to keep. Laverty eventually allowed access and the inspection was conducted without incident. Observations: Electric power was noted to be on as evidenced by the TV, lamps, and stove. _ Clothing and belongings were strewn about in every room. The electric oven was on and the door was open.The front right burner was on high. Both the oven and the burner were noted to be operating as a heating source. (Laverty stated he had just arrived 10 minutes before and found the oven and burner on.) A septic system failure/back up rendered the system non-operational. Raw sewerage was noted to have.backed up through the tub drain and covering surface of the tub. Hundreds of uncapped needles were noted throughout the dwelling. Blood spatter and stains were found in the bathroom sink and on walls,ceilings and bedding. Broken windows and doors were noted on both levels of the dwelling. Damaged sheetrock/holes were'also noted. The dwelling was missing smoke& CO detectors. The oil tank was not registering any capacity and assumed to be empty. (This supports the theory of the oven and burner being used as a substitute heating source.) A vent pipe was found to be improperly installed from the furnace through the 2"d floor ceiling/floor (combustible risk). Conclusion: The dwelling was determined to be uninhabitable in its current condition. The failed/full septic system, lack of heat,the improper'and un-safe venting of an oil-fired.heating system,the lack of fuel (oil),the deficient provisions of operable smoke and.CO detectors, a non-operable bathroom facility and the inability to secure the dwelling with locking doors and windows rendered the property uninhabitable. The statements offered to the inspectors by Mr. Laverty on this occasion referenced multiple individual- occupants. This fact, in conjunction with the personal effects and drug paraphernalia found in all four of the bedrooms is clearly indicative of multiple occupants.The governing zoning ordinance Chapter 240- 11 limits the use in this district to that of a single family unless zoning relief has been obtained by/for an authorized party; no such relief is on record. Mr. Laverty was advised accordingly before we left the site and the dwelling was posted by the Health Inspector with a notice of an Emergency Condemnation and Order to Vacate. Remedy' The conditions identified above must be corrected and a satisfactory re-inspection must occur. A septic inspection/proof of pumping.must be submitted, a plumbing/oil technician must permit and correct all improper installations,the oil supply must be re-stocked, all smoke and CO detectors must be restored and properly located, all windows and doors must be intact with operating locking mechanisms. All utilities must be on and operable. Required permits must be obtained for plumbing and heating repairs and any and all structural repairs (if subsequently found to be necessary) including window and door replacement. Citations: Conditions deemed Dangerous/Unsafe State Sanitary Code 410.750 Septic 410.750(F) Heat& Utilities/Vent MGL c. 143 Sect. 6-12,780 CMR Chapters 13, 14& 15 410.750(B) Smoke/CO Detectors 780 CMR R102.8 Device maintenance/ 410.750(N) Secure dwelling/locking mechanisms MGL c.143 Sect. 6-12 Zoning Chapter 240-11 A(1) & B (1) Addendum: Subsequent to our departure,the Hyannis Water Dept. reported to the site and shut the water off in the street for non-payment of the water bill. (The shut-off at the curb was confirmed directly with the Hyannis Water Dept.office). Building staff informed the water department that the record property owner is deceased and the estate has a court appointed representative. Wat servke4rm-eessary in order for the property to a con 'dered habita le. Brian Florence, in Commissioner 4/23/19- Robin Anderson, Chief Zoning Officer 4/23/19 !j AJ5arztiaIji!()H ealth Inspector 4/23/19 i 1 I I 43 ER'N ON HY 4-17-19 . �i ' S y. 9 1' �t t 1 • i y µ a , 43 ERIN LN HY 4-17-19 .' f�, y r�{ W rn Z �. r z i .i i co .� . „4 .�► - �,.rr��rrN " j. : , .. :# =�, .- __ �,� - __ , _ = 4 E ,�_ w L ��' i _ :S: FFF 1Ft "fR k x^� F - NOT FOR PUBLIC VIEW