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cO Certified Mail Fee
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Extra Services&Fees(checkbox,add lee as appropriate)
(� ❑Return Receipt.(hardcopy) $ >�->(ti p� y` -
I`� ❑Return Receipt(electronic) $ Po.
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1 ❑Certified Mail Restricted Delivery $ Here e
Q [I Adult Signature Required $ �` G -
❑Adult Signature Restricted Delivery$
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$ le 6'
Total Postage and Fees ��
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SUeetandApt No.,orP 80 0. r Q� -.-----
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Certified Mail service provides the following benefits:
■A receipt(this portion of the Certified Mail label), for an electronic return receipt,see a retail
■A unique identifier for your mailpiece. associate for assistance.To receive a duplicate
■Electronic verification of delivery or attemiked return receipt for no additional fee,present this
delivery. USPS®-postmarked Certified Mail receipt to the
■A record of delivery(Including the recipient's• ribil associate.
signature)that is retained by the Postal Service— Restricted delivery service,which provides
for a specified period. delivery to the addressee specified by name,or
to the addressee's authorized agent
Important Reminders. Adult signature service,which requires the
■You may purchase Certified Mail service with signee to be at least 21 years of age(not
First-Class Mail®,First-Class Package Service®, available at retail).
or Priority Mail®service. Adult signature restricted delivery service,which
■Certified Mail service Is notavailable for requires the signee to be at least 21 years of age
international mail. and provides delivery to the addressee specified
■Insurance coverage is not available for purchase by name,or to the addressee's authorized agent
with Certified Mail service.However,the purchase (not available at retail).
of Certified Mail service does not change the ■To ensure that your Certified Mail receipt is
insurance coverage automatically included with accepted as legal proof of mailing,it should bear a
certain Priority Mail items. USPS postmark.If you would like a postmark on
■For an additional fee,and with a proper this Certified Mail receipt,please present your
endorsement on the mailpiece,you may request Certified Mail item at a Post Office'for
the following services: postmarking.If you don't need a postmark on this
-Return receipt service,which provides a record Certified Mail receipt,detach the barcoded portion
of delivery(including the recipient's signature). of this label,affix R to the mailpiece,apply
You can request a hardcopy return receipt or an appropriate postage,and deposit the mailpiece.
electronic version.For a hardcopy return receipt,
complete PS Form 3811,Domestic Return
Receipt;attach PS Form 3811 to your mailpiece; IMPORTANT:Save this receipt for your records.
PS Form 3800,April 2015(Reverse)PSN 7530-02-000.9047
Cape Save Inc.
7-1) Huntington Avenue
South Yarmouth, MA 02664
Tel: 508-398-0398 Fax: 508-398-0399
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8/29/19
Brian Florence CBO
Town of Barnstable
Building Division
200 Main St. -
Hyannis,MA 02601
RE: Insulation Permit 19-2724 .
Dear Mr. Florence:
This affidavit is to certify that all work completed for 75 Cap'n Jac's Road,Centerville has been
inspected by a third party Certified Building Performance Institute (BPI)Inspector.
All work performed meets or exceeds Federal and State Requirements.
Sincerely,
William McCluskey
I
Town of Barnstable
Building
enastsra Post This Card So That�itis Visible From the Street-Approved'Plans Nlust be Retained<on Lob antl,this Gard Must be Kept
MASSPosted Until Final�lnspecton HasBeen Made Where a Certificate of Occupancy is Required;such Building shall Not be Occupied until a final inspection has been made Permit
Permit No. B_19_2724 Applicant Name: William McCluskey Approvals
Date Issued: 08/26/2019 Current Use: Structure
Permit Type: Building-Insulation-Residential Expiration Date: 02/26/2020 Foundation:
Location: 75 CAP'N JAC'S ROAD,CENTERVILLE Map/Lot: 194-071-T00 :Zoning District: SPLIT Sheathing:
Owner on Record: Adilson Rubio Contractor Name".,William J McCluskley Framing: 1
Address: 75 Cap'n Jac's Road Contractor License: 162776 2
.. ,.v Centerville, MA 02632
r Est Project Cost: $5,000:00 Chimney:
Description: Add R-49 cellulose,and R-38 fiberglass to the attic.;Add R-19 Permit Fee: $85.00
fiberglass to the basement.Air seal the attic plane.and basement i Insulation:
T .1 Fee Paid: $85.00
with expanding foam. General weatherization., Final:
lf—
Date_: 8/26/2019 nA
Project Review Req:
�M G '✓ � y, Plumbing/Gas
i r
Rough Plumbing:
Building Official
Final Plumbing:
This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months afte�'issuance.
All work authorized by this permit shall conform to the approved application and the approved construction documents for.which Yhis permit has been granted. Rough Gas:
All construction,alterations and changes of use of any building and structures shall be in compliance with the local zoning by-laws and codes.
This permit shall be displayed in a location clearly visible from access street or road and shall be maintained open for publicinspection for the entire duration of the Final Gas: '
work until the completion of the same. a !¢
Electrical.
The Certificate of Occupancy will not be issued until all applicable signatures by the Building and Fire Officials are provided on this permit.
le
Minimum of Five Call Inspections Required for All Construction Work: Service:
1.Foundation or Footing
Rough:
2.Sheathing Inspection
3..All Fireplaces must be inspected at the throat level before firest flue lining is installed. final:
4.Wiring&Plumbing Inspections to be completed prior.to Frame Inspection
5.Prior to Covering Structural Members(Frame Inspection) Low Voltage Rough:
6.Insulation
7.Final Inspection before Occupancy
Low Voltage Final:
Where applicable,separate.permits are required for Electrical,Plumbing,and Mechanical Installations. Health
Work shall not proceed until the Inspector has approved the various stages of construction.
Final:
"Persons contracting with unregistered contractors do not have access to the guaranty fund".(as set forth in MGL c.142A).
Fire Department
Building plans are to be available on.site
All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT Final
ONL-5�E
I'ri Ric— S ANT
TOWN OF BARNSTABLE Permit No.
ILL33TAU Building Inspector cash
a MAI OCCUPANCY PERMIT Bond ---- --_-_.-/-/-=--- _
Issued to {, Lth Address
10 .t 7ff Cwt ♦. i t_
Wiring Inspector Inspection date
Plumbing Inspector Inspection date
Gas Inspector Inspection date
Engineering Department Inspection date
Board of Health Inspection date
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
BUILDING CODE.
Building Inspector
FROM
�— -� TOWN OP.BARN4STABLE
Mr. Francs lzihteine BUILDING'<QEPAR°TMENlT
TOVM Clem 367 MAIN STRrzet'`.- t YANNt , mA om
SUBJECT: V.
y
FOLD HERE
.DATE.-
Sept. 13, 1984 n. MESSAGE
�`4*F f.M`tFiW an wi i..xt k h'♦�.+tinb«�
Work�has
as` _
�( Jeffs K. 'Srro th). please release Bonds.
�►a•+r.K r.., ,.Q x. .^o.w a.a.r a'.w asp a a ax,xt 9r'-n,..�w r�'ua w M;,x..'+s u,.. ...�.w�..:,,m� .:�+��rr-.�..y, «sL
SIGNED 4 (~ -
DATE. -
RERtY
SIGNED
Ne7-RMI - .` _ -. RECIPIENT:,RETAIN WHITE COPY,RETURN PINK COPY'
- PRINTED IN U.S.A.
SENDER: SNAP OUT YELLOW COPY ONLY.SEND WHITE AND PINK COPIES WITH CARBON INTACT.
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A.N 63Trc�VILL� S .tNt,
t I1 INSTRuMEhT Sv2eTV ( 6D�=F�.ETS Suou� AP,P A
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TO DETE ^INE LcT F-�NES l._IG
E+},� NoT (3E v9E D 7. r �AM l '.
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071C SYSTEM MUST RE
Assessor's map and lot number ' STALLED I-i t,���`VI yaF THE Tod r
Sewage Permit"number U �
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House number M9. �•
MFy 9a°'
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TOWN ; OF B�A:RdN.STABLE
r r BDING :INSPECTOR
11L
. . � Cons r /�-e�8�
APPLICATION FOR PERMIT TO .:.:............... ...u�.>r:..4lW��,7,7.itg..:..................... ...5.........,..... ..................
TYPE OF ;CONSTRUCTION ....WQ.od fXA .::..... .............................. .:....::. :....... ,:.:.....................: r>
Au' 2 � 84
. .................................19.
TO THE INSPECTOR OF BUILDINGS:
The undersigned hereby.applies for a permit according to the.following information:' "
Location ......Lot 10 Capt Liaah' Roads Centerville. ,• •;•........ .....
Y
Proposed Use ..Single family. ................................ ........................
residential
Zoning District ..Fire District calm-RSC.....
t
Name of Owner .°James K.-.Smith ,.Address Baxzzst:ab«I-s............:
Name of Builder James K. .Smith ,;,,°;.,°°„°,°„°°°Address ........:.BarnstAbI6..............................................
Nameof Architect .................................. ..............................Address ................................. ......... ...... . . .....,........
Number of Rooms ..........5.............................................:........Foundation .....poured..comerete
Exterior, .....white...cedar..sb?.t1g��.S....................................Roofing ..........asphalt
Floors .......hardwood:.& w411--XQ...all....... ............................................................
:...........Interior ...........drywal�.
• Heating • ...has warm air. ` ........ ' .:............................:. ..Plumbing ........2..1aaths...........................................................
'4 Fireplace :......one.......................................................... ........Approximate Cost ..........$.65.9QQQ ...
Definitive Plan Approved by Planning Board ___ ______________19_____:__ . Area ... ��./. . .:. . .
Diagram of Lot and Building with Dimensions Fee r '................ .... ...
SUBJECT TO. APPROVAL OF BOARD OF-HEALTH
1232 sq., ft.
16x24 garage
9_
OCCUPANCY PERMITS REQUIRED FOR NEW.DWELLINGS ;
hereby agree to conform to all the Rules and kegulations of the Town of Barnstable regarding the above ;.
construction.
Name4 G1l!`(�A.... ..Il,. ., .4 ......................................
Construction Supervisor's License` .. .. '
�i5190
SMITH JAMES K. A=194-23
`:,;` 6 267.77. Permit for J.'4stort'.
� •. •s•rriga.e...�.ar�.f.}.y:...dwe.}.a.f.�g.,. G - •
Location i J ah is Rd -
Owner James K n Sm i th
x
Type of Construction Frame M
f
fa: Plot :............ Lot
V
r
1
Augusis 2 84
Permif•,Grouted .. .19
4 Date°of,Inspection
,
y Date Com leted ". ... ..... .19
P
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F`
4 V,,o.
y
Building Department p17NEY80WES
200 Main Street U.S.P.OSTAGE��
Hyannis,MA 12601 5
I 63 = Zip 02601 $ 006.46
7015 _0640 y0005 8489 82 ; ,�r 02 04
0000336455 JUL.
11. 2016.
Ms. Mary Ellen Conley
75 Cap'n Jac's Road -
41 X 3:'E`` 01.5. r=E 1. a j 4 fay IRETURN TO SENDER
:aa gNN�
NOT UELIVERASLE AS AVD:R S'SED7,70
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UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
LISPS
Permit No.G-10
• Sender: Please print your name, address, and ZIP+4®in this box"
TOWN OF BAR ST DIVISION E
BBILDING
200 MAIN O b01
HYANNIS,MA
Roe
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired. X ❑Agent
■ Print your name and address on the reverse ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from item 1? ❑Yes
1. Article Addressed to: If YES,enter delivery address below: ❑No
7S
9 3. Service Type
2�o J p� ❑Certified Mail® ❑Priority Mail Express"'
❑Registered ❑Return Receipt for Merchandise
❑Insured Mail ❑Collect on Delivery
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number 7015 0640 0005 8489 8263
(transfer from service 1a6,
PS Form 3811,July 2013 Domestic Return Receipt
I
Town of Barnstable
Regulatory Services
Richard V. Scali, Director
BARNSTABM 'r Building Division BARNSTABLE
MASS. eaansns[ RE V l P• iiT• FMNIS
.u,;mxs.as unF,•w.e•vs.uuw;aiau
1639. ` Paul K. Roma 1639 7014
Building Commissioner 575
200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us.
Office: 508-862-4038 Fax: 508-790-6230
July 11, 2016
Ms. Mary Ellen Conley
75 Cap'n Jac's Road
Centerville, Ma 02632
Re:,75 Cap'n Jac's Rd.
Dear Ms. Conley,
In response to a complaint, a site visit was made to the above referenced address.
A number of hazardous issues were observed including an open door, black mold, a collapsing roof,
and standing water in the basement.
Please be advised.that these conditions are unsafe and dangerous.and according to CMR 780 Section
R115.1 of the IRC with MA amendments (the Building Code)this structure must be made secure
immediately upon receipt of this letter. Failure to do so may result in further action by this office at
your expense.
If you have any questions, do not hesitate to contact this,office.
Sincerely,
Paul Roma
Building Commissioner
�rw�i 4 is iinactive
(�9U kS_� i�.e �1 QL_
j� av� Si tom-
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r VID VV10 Q --flu�
Town of Barnstable �RECEiP
enit�tsrnBt E
200 Main Street, Hyannis MA 02601 508-862-4038
039,
Application for Building Permit
Application No: TB-17-1747 Date Recieved: 6/5/2017
Job Location: 75 CAP'N JAC'S ROAD,CENTERVILLE
Permit For: Building-Alteration INTERIOR Work Only-Residential
Contractor's Name: BRAULIO BRITO State Lic. No: CS-110548
Address: South Dennis, MA 02660 Applicant Phone:
(Home)Owner's Name: CONLEY, MARY ELLEN Phone:
(Home)Owner's Address: 128 MAIN STREET, HYANNIS,MA 02601 I
Work Description: take of all the sheetrock in the house and take all the insulation and putting new sheetrock,and insulation
, � I
Total Value Of Work To Be Performed: $0.00
Structure Size: 0.00 0.00 0.00
Width Depth Total Area
I hereby swear and attest that I will require proof of workers'compensation insurance for every contractor,subcontractor,or other worker before
he/she engages in work on the above property in accordance with the Workers' Compensation Act(Chapter 568).
I understand that pursuant to 31-275 C.G.S.,officers of a corporation and partners in a partnership may elect to be excluded from coverage by
filing a waiver with the appropriate District Office;and that a'sole proprietor of a business is not required to have coverage unless he files his intent to
accept coverage.
I hereby certify that I am the owner of the property which is the subject of this application or the authorized agent of the property owner and have
been authorized to make this application. I understand that when a permit is issued,it is a permit to proceed and grants no right to violate the
Massachusetts State Building Code or any other code,ordinance or statute,regardless of what might be shown or omitted on the submitted plans and
specifications. All information contained within is true and accurate to the best of my knowledge and belief.
All permits approved are subject to inspections performed by a representative of this office. Requests for inspections must be made'at least 24
hours in advance.
Signed: BRAULIO BRITO 6/5/2017
Applicant Date Telephone No.
Estimated Construction Costs/Permit Fees
Total Project Cost : $0.00 Date Paid Amount Paid Check#or CC# s Pay Type
Total Permit Fee: $0.00 i
Total Permit Fee Paid:
T H r.-re ^.y*� A `+y!YS.N 3!a"' '9r �'.." .}•'M`, ..M"'Ftl1'?u YAK r W �:'°er."iat+"-q _
. f ��rTHISzaISNOT A PERMITS,§r &' dk
Town of Barnstable
Regulatory Services
Richard V. Scali,Director
DAMF.ABM ; Building Division BA ST LE
MASS. anxnsrrait¢mnn .mnnr•rrnnK¢.-
xw.sm:SNas wmxvuu•earesreraeu
1639. `� Paul K. Roma 16 9.2014
Building Commissioner
200 Main Street, Hyannis, MA 02601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
July 11, 2016
Ms. Mary Ellen Conley
75 Cap'n Jac's Road
Centerville, Ma 02632
Re: 75 Cap'n Jac's Rd.
Dear Ms :Conley;
In response to a complaint, a site visit was made to the above referenced address.
A number of hazardous issues were observed including an open door,black mold, a collapsing ro,of,, ;.
and standing water in the basement.
Please be advised that these conditions are unsafe and dangerous and according to CMR 780 Section
R115.1 of the IRC with MA amendments (the Building Code)this structure must be made secure
immediately upon receipt of this letter. Failure to do so may result in further action by this office at
your expense.
If you:have any.questions, do not hesitate to contact this office.
Sincerely,
Paul,Roma
8uildirig Commissioner
i:'... ..
:..
i
!�Town of Barnstable *Permit#�-
Regulatory Services ,® ° e
MAxsrxsr.E,
Mnsa. Richard V.Scali,Director JUNO 2 21
Building Division (`)Paul Roma,Building Commissioner �"-� N 8NHM fABD
200 Main Street,Hyannis,MA 62601
www.town.barnstable.ma.us
Office: 508-862-4038 Fax: 508-790-6230
EXPRESS PERART APPLICATION - RESIDENTIAL ONLY
Not Valid without Red X-Press Imprint
Map/parcel Number
Property Address TS
Cn jr 3 CO Al e,^ui At A Q26 32
Residential Value of Work$__ 000 Minimum fee of$35.00 for work under$6000.00
Owner's Name&Address Mou ra i onpr ri u A 4U c 1
Contractor's Name 3lf a U I io &Ao Telephone Number �N- o--D-0�
Home Improvement Contractor License#(if applicable) Crq-;ftS44 Email:
Construction Supervisor's License#(if applicable) CS _ f I OS q S
KWorkman's Compensation Insurance
Check one:
❑ I am a sole proprietor
❑ I am the Homeowner
I have Worker's Compensation Insurance
Insurance Company Name _SC[n 1 QOPI i V1SUr00.4 CJL
Workman's Comp.Policy# (A)C-1 l 2 q S 10
Copy of Insurance Compliance Certificate must accompany each permit.
Permit Request(check box) A
Re-roof(hurricane nailed)(stripping old shingles) All construction debris will be taken toRaLc C4
❑Re-roof(hurricane nailed)(not stripping. Going over existing layers of roof)
® Re-side
Replacement Windows/doors/sliders.U-Value' 0.3 (maximum.32)#of windows
#of doors:
*Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc.
***Note: Property Owner must sign Property Owner Letter of Permission.
A copy of the Home Improvement Contractors License&Construction Supervisors License is
geq2uire .
SIGNATURE:
Q:\WPFILESTORNIftuilding permit forms\EXPRESS.doc
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Job Site A,dar is CWT4 c` C' e J�I I¢ Cifylstat ET Oz c-Z.
Att2ch a copy of the workers'compmsationpolicy-decaration page(showing the poRcy,number and empa-ation date).
Faibam to secure covmag.a as required under Sei=kb E 25A of MW-a 1572 can lead to the impositim of criminal pe.naltbes of a
fine up to$1,54a OU aadfor arse year impdsor—nf as well as civil penalties in the famr of a STOP WORK 410DER-and a fine
of up to$250_00 a day against the violafor. Be adcdsed that a copy of this sWement nmy.ba forwarded to the Office of
Imresfigataons of the DIA for ihsrirance caverage ti-e ifimfi rL.
Irfo I4ereby c uudar tlxspains mad peers afFc>�ur��atfl�s hcfarlsm�iau pe m rT,�d abo>/�is t/are a�:d carrer<t
$it nature A," A& Date-
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ofisdal use anT. Dv riot KI-AT in tlra a irrea,tar be txrrupleted by tatp artDim oiciaL
Cky or Town- Permiffr icease 4
Inukg Author€ty(trcle one):
L Board of Heal& r.BurTfitng Depar(meut I QtYlTown Clerk 4.Electrical Inspector S.Phumbing>aspecter
6.Other
Contact Person: Phone#:
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fi sachhmetts Cc =a L Lxws chapter am.Y I�eS all mnploye� o t'-'` "' �G1L72iL.LU1I JYL LLIYII eDpl�. al
p this ,an emp&7w is defined as�:eYesYP�asonm.�e service of an ai��any contract of]iae, j
express or mxplied,'oral or vzhm.7
Au �Fvyer is defined as`�aa mdivi I,P�ne�,associafion,corporaifon or oiim Iegal Y.or anY two or mode .
of i3ie foregoing=ngaged m a3oint�P @���� legal � of a decaased employee,or i3
r or tmstee of an ind-cvid mL parfne hip,association or of acr Iegal entity,employes�P1oY - However t the
own=of a dweIliz?g horse bav ng not more� apr¢iments and who resides ti�erem,or the occapant of the-
dwellmg house of anofhe£who amploys persons to do maixffMaa ce,C.CDS rrLrf;can or rePair work on such&MI mg house
or OIL the grounds or bxnldmg apgtherein shaIlnotbecause of such employmenfbe deemedin be an employer."
M rCM chapter 152.§25C{6)also sues tbA¢everysfzfe or Local rearma agency shallwNh-T:Lold ffie issaance at
ranewal of a Ticease or perms to operate a btsimess or too construct btia7dfngs is the commonwealfh for any
applicantivlho has not prodnced acceptable evidence of compTsaumwifix 1Im bnn ance.coyexageregIIn ed."
Adcft onaIly;MGZ rbaPf-tr 152,§25CM states abTeithm f e awmBM nor i T ofi[s poI't'cal subfivisioms shall
eater info any co=tmd for the pmfozm =ofpnblio wink miff acceptable evidence of camplian mwM Ilia msm-Sace.•
req�MIS of-dais cIVh!a harm be=presented to the comraating.anflaoizty:'
AppHcants
Please fill Out the wow-'eompmmtion aidavit compleinfY,by g the boxes aPP1Y your si-nafion and,if
nmessaLY,SnPPIY name(s). addresses)and phone number(s)along vvi$itfleir cep'acate(s)of
InsurtInce. I=mmltedLia}?i-UY COD Pames(LLC)a LiabIitp Pa,[neasbiFs(LLP),Tnthno caTIDY=Othe tha r n,the
members orpazine:r4 axe not required to c=YVFD33=e camFensafron;Lance If an.LLCorLLP does have
empIopees,apolicyisrecnhed. BeaAvisedlhgtbisa.ffidayitmaybesn igfheDepaLtm=tofIndnsftial
Amides for con on of inset :e coverage: ATso be sore to sign and CTZte ae aftdavit The affidavit should
baTvto ed to he city w town that the appfieafioxs.for the p®it or license b bemg regamt A not the De=parfinent of
to efi-i I.A.cc� nouIdyou have Hay gaStIens rig f3ie Iaw or ifyon am required to obtain a workers'
eompmsationpofiey,PleasecaIIfheDepart<oeatatfi3enmab=Iis�beloW- eJf-insinedeampaniessliovldeni�rfjieir
licensemmxber on the ap� linm
city or Town Ofacials
r
Please be since ifs ffie affidavit is complete andptinfed Ieghly. 'Ihe Deparfinenthas provided a space of the bottom
of the affidavit for youto fill out m.tho event the Office oflnvmt gatioas has to cox¢actyonregazdingffie applicant
Pleas a be sane is fill in the peamitJli cease number which vM be used as a refeaence nimmber. In.addAion,an applicant
�must sabmit molt ple pemsiffIiceose HPPh 8.t=m aay given pear,need.only sQhmit one affidavit indica�g content
policy mf0m22tiaa [ifne , y)and under"lob Sib--Qddmsethe applicsA shouldwrhe"aII locations in (�Y
•town).'A copy of the affidavitfhat has been offidany stamped or mailmd by the chy or town may be provided fn the '
applicant as prooft bzt a valid affidavit is on file far fAnre'pemrits or licenses A new affidavit=I t be fMcd oiot carh
ear.glhere a home owner or citizen is obtaining a license or pest not re•Iated in any burin=or commercial vErt=
Y
D.a dog license or permit to bum.leaves etc.)said person is NOT regakcd to��this affidavit
The Office ofln. -ten WOUldhh-,tn thank you iaadvmce furyour coopera[imand should you have anyquesiZons•
please do not heshafs tv give us a call
'Ihe Department's address,telephone and fax==bea:
na f==-V la of Massach ,
Departamt elidmgdal Aacidenta
(McF.of e g�t[o
B0. .1&(mill
wt 4flf or 1-M MASS,
Fax#Q7`27 7M
Rm sed4-24-07
.ter-.,�M:•.«,• ..
Massachusetts Department of Public Safety
611 Board of Building Regulations and Standards � ��rn�.vr�e�ll/r,d�cfaa�ac/revett
office of Consumer Affairs&Business Regulation
License: CS-110548 P - HOME IMPROVEMENT CONTRACTOR
Construction.Supervisor ug
TYPE:Individual
0- al
Exaltation
BRAULIO BRITO 187_Qr]Ir� Oy14/2019
26 UNCLE STANLEY'S WAY I
SOUTH DENNIS MA 02660
BRAULIO BRITO-- ,u
D/B/A BBRrru?er�ac
Braulio Brito
` 25 Uncle Stanley'sWa r;f
South Dennis,MA 02660` Undersecretary
;'/ �•�,rt //,. Expiration:
Commissioner 06/23/2020
CERTIFICATE OF LIABILITY INSURANCE ��(M� ' 7
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
Iflilp TA . i the a®rtaficots older is an ADDITIONAL INSURED, the pollcy((CS must be iidoe ed. If SUMMATION IS WAIVED,subject to
the terms end conditions of the policy,certain policies.may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder-in-lieu of such endorsemengs). '
;.
PRODUCER.._.. CON ACT` -.
NAME: JIM HIND
Schlegel & Schlegel Ins 1Broker PHONE' FAX
508 771-8381 A/ No: (508> 771-0663
34 Nain Street E MaL
ADDRESS: schlegelinsurance@gmail.cam
West YermOut<h, VA 02673 f�INSU S AFFORDING COVERAGE NAIC#
_ INSURER A;LIBERTY MTUA
INSURED INSURERS
GA,BRIEL PER SU RC
EZ INRE
�44 LAPA, CE A, T-
N _._..,.._
HYANNI
5, MA 02691jNSURER E �. .
_ INSURER F,
COVERAGES .f CERTIFICATE NUMB_ER," REVISION NUMBER;
f111S IS CIO CERI IFY TIF11 THE POI ICIIrS OF INSURANCE+LISTED�EI�OW MFVE BEETI ISSUED TO THE INSURED NAMED ABOVE FOR TM PQLICY PERIOD
INDICATM. VNOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. .
INSR ADDL SUBRI "'��I POLICY EFF POLICY"EXP
LTR TYPE OF INSURANCE POUCY NUMBER MM/H IY MMIDD/YYYY LIMITS
GENERAL LIABILITY
EACH OCCURRENCE $
COMMERCIALGENERALLIABILITY DAMAGE TO RENTED' $
CLAIMS-MADE El OCCUR ME EXP(Arryone person) S
--J PERSONAL BADVINJURY $
GENERAL AGGREGATE $
GEN'LAGGREGATE LIMIT A._.- P.PLIeS PER PRODUCTS-COMPIOP AGO $
._ PRO. .. _., - -
POLICY LOC $
AUTOMOBILE LIABILITY E aBINE S GL
_E LIMIT
ANYAUTO I BODILY INJURY(Per Aerson)
ALLOWNED SCHEDULED
AUTOS AUTOS BODILY INJURY(Per accident) $
NON-OWNED RROPEE�Y'DAMAG $
HIRED AUTOS � AUTOS Peracci ent
UMBREIJ A 11A8 OUR EACH OCCURRENCE' $
FXCiF�SStIAB C AIMS<fr1ADE AGGREGATE $
DED RETENTION$ $
k "P / WC$TATU OTH
A6IOFM0 tOYER¢LIAldILITY YIN ) Sf6 7/1@/i7 ER.
ANY PRORRICTORIPARTNERIE� N€
OFFICE� M 0 N/AE.L.. EA HACCIDEN_T $ OO.0Q0
W _
(Makary E.L.DISEASE-EA EMPLOYEE $ 1�0 000
If es describ§under
Und'RIPTIONOFOPERATIONSbelow E.L.DI$EASE-POLICYLIMIT 500 OQO
pF,SCrIPTION OF QP.ERATION$!LOCAT14N£/VEHICLES (Attach AGORD 141,AdsFiyongl Rerrrl�s SEh�dbtl®,If mote&pace is reqkarcd)
CABRIEIa A PEM HAS ELECTED NOT TO BE GOVZR.I D UMNR HIS CURRENT T QPMRS COMPENSATION POT41CY
9Q5 W TTQN: 75 P-AFT-N AP N"'%,�,E
CERTIFICATE HOLDER ._. . CAhICE>'LAI IAN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELL�eD BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WIL. BE DELIVERED IN
13 $ATTO SERVICES ACP096ANC€WITH THE POLICY PROVISIONS.
Ay INS ET?R�.PRRKNTATIVE
_ - � 9�fiS�. •:4 ''R� ,' .PO `�l e4�i'riShts�eservels.:
AC_O,RTp 90( ® olo ) The ACORN i me eirid,l gg are registere4l LTlacll of APO RP
Rhone! Fad; E.MallI )RaxT,.CO S
Mass. Corporations, external master page Page 1 of 2
Corporations Division
Business Entity Summary
ID Number: 472390785 I Request certificate New search
Summary for: MOURA PROPERTY ACQUISITIONS LLC
The exact name of the Domestic Limited Liability Company (LLC): MOURA PROPERTY
ACQUISITIONS LLC
The name was changed from: M&M PROPERTY ACQUISITIONS LLC on 05-18-2015
Entity type: Domestic Limited Liability Company (LLC)
Identification Number: 472390785
Date of Organization in Massachusetts:
11-24-2014
Last date certain:
The location or address where the records are maintained (A PO box is not a valid
location or address):
Address: 29 BROOKSHIRE ROAD
City or town, State, Zip code, HYANNIS, MA 02601 USA
Country:
The name and address of the Resident Agent:
Name: FERNANDO MOURA
Address: 29 BROOKSHIRE RD
City or town, State, Zip code, HYANNIS, MA 02601 USA.
Country:
The name and business address of each Manager:
Title Individual name Address
MANAGER FERNANDO MOURA 29 BROOKSHIRE ROAD HYANNIS, MA 02601
USA
In addition to the manager(s), the name and business address of the person(s)
authorized to execute documents to be filed with the Corporations Division:
Title Individual name Address
The name and business address of the person(s) authorized to execute,
acknowledge, deliver, and record any recordable instrument purporting to affect an
interest in real property:
http://corp.sec.state.ma.us/CorpWeb/CorpSearch/CorpSummary.aspx?FEIN=472390785&S... ,6/5/2017
Bk Z04-99 :Ps25 -24494
05-3.9.-2►117 a 12=500
MASSACHUSETTS STATE EXCISE TAX
BARNSTARLE COUNTY REGISTRY OF DEEDS
pate: 05-19-2017 8 122500n
Ctki: 810 Doc?: 2"94
Fee= $577,98 Const f168,900.00
QUITCLAIM DEED
ALJ REALTY CORPORATION,a Massachusetts Corporation having a usual place of
business at 128 Main Street,Hyannis,Massachusetts,02601
-For consideration of ONE HUNDRED AND SIXTY EIGHTY THOUSAND AND
NINE HUNDRED AND NO1100($168,900.00).DOLLARS,
Grant to.MOURA PROPERTY ACQUISITIONS,LLC,a Massachusetts Limited
Liability Corporation,of 29 Brookshire Road,Hyannis.,Massachusetts,02601
With.Quitclaim Covenants
That certain.parcel of land with the buildings thereon,situated in Barnstable(Centerville),
Barnstable County.Massachusetts,more particularly described as follows:
LOT 10 as shown on a plan of land entitled"'Highview Hills'Plan of Land in Barnstable
(W.Barmstable-Centerville)Mass.for James K.Smith,Scale 1"=60',October 4, 1.983,
Rev,Nov.25,1983,.Barter&Nye,Ina,.Registered Land.Surveyors,Osterville,Mass."
which said plan is duty recorded with.the Barnstable County Registry of Deeds in Plan.
Book 379,Page 70.
The Grantor represents and warrants to this Grantee that the conveyance of this property
does not constitute a sale or transfer of all or substantially all of Grantor's assets and is in
Y the ordinary course of its business.
' For title see Deed recorded with the Barnstable County Registry of Deeds in Book 30473,
Page 215.
Property Address:75 Cap'n.Jac's Road,Centerville,MA 02632
BARNSTABLE COUNTY FX.CISE TAX
BARNSTABLE COUNTY REGISTRY OF DFEDS
Dntea 12=50pq
011: ,IC, Loci 24494
FAe: $517.14 Cons: *168400.00
Executed as a sealed instrument this day of May,2017.
For AL-Realty Corpor• on
Juan Maric President and Treasurer
COMMONWEALTH OF.MASSACHUSETTS
Barnstable County,ss May I L ,2017
Then personally appeared before me the above-named Juan Marichal,President and
Treasurer,of the ALJ Realty Corporation,who proved to me through satisfactory evidence
of identification, which was a ft it 6--) to be the person whose
name is signed on the preceding or attached document,and acknowledged to me that lie
signed it voluntarily for its stated purpose,and.as the free act and deed of the ALJ Realty
Corporation.
N iit �i lie:Stanley P.Nowak
My commission expires:June 20,20.19
$IN STANLEY P,NOWAK
a Notary Public
Commonwealth of MassachuSirb
my Commission Expires -
AM 20,2019'
f ;
Z...>'
Settlement Statement (HUD=1)
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D._Name and Addmss:ol 8o—n.. ..:; :: ..::- ... .. .F:Name uW/ltldraaa or Cendar:iii' ::
..
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. .:. .. ._GMsrvllla;MA;02632-. :.::: -:. ..
Phase Nbr• -30077120soi:
:.:G!=M Location Pbm:01,Seabmem : ,
75 WIWI*, •Road ': �I.SenkmeM Dfta ..Nwk Sgnley:P:
GnbMlb,MA 02632 i. .,: 06719.01E i 1660 Falmouth lewd Suite 6
.. .. .. - ... .... . .:::Dslrun 9t Dala,-
. --. .. .:. ::. .... ..i Csiitarv0le;iMA i02632 ::::.::
:101'Contract.sales prW: ::: .:: -:i:: i165,900. 401.Contract idea p^ca !i:: :i 166,t100.00 ..::
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Town of Barnstable
Regulatory Services
N Richard V.ScsA Director -
Building Division.
Paul Roma,Building Commissioner
200 Main Street,Hyannis,MA 02601
www.town.barnstable.mans
Office: 508-862-4038 Fax: 508-190-6230
Property Owner Must
Complete and Sign This Section
If Using A Builder
I, as Owner of the subject property
hereby authorize 8c t'� P,-yi C e f to act on my behalf,
in all matters relative to work authorized by this building permit application foroll e,ui/( QZ� 12
(Address of Job)
**Pool fences and alarms are the responsibility of the applicant Pools
are not to be filled or utilized before fence is installed and all final
inspecti4qh are performed and accepted. y
Signs er Signature of Applicant
Print Name 'Print Name
Date
QFORMS:OWNERPERMESIONPOOLS
Town of Barnstable
Regulatory Services
Richard V.Scali,Director
Building Division
`• swmvsrwsc�. = Paul Roma,Building Commissioner
&63 ��i� 200 Main Street, Hyannis,MA 02601
www.town.barnstable.ma.us
Office: 508-862-403 8 Fax: 508-790-6230
HOMEOWNER LICENSE EREM MON
Please Print
DATE:
-.JOB LOCATION:
number street village
"HOMEOWNER":
name home phone# work phone#
CURRENT MAILING ADDRESS:
city/town state zip code
The current exemption for"homeowners"was extended to include owner-occupied dwellings of six units or less and to allow
homeowners to engage an individual for hire who does not possess a license,provided that the owner acts as supervisor.
DEFINITION OF HOMEOWNER
Person(s)who owns a parcel of land on which he/she resides or intends to reside,on which there is,or is intended to be,a one or two-
family dwelling,attached or detached structures accessory to such use and/or farm structures. A person'who constructs more than one
home in a two-year period shall not be considered a homeowner. Such"homeowner"shall submit to the Building Official on a form
acceptable to the Building Official,that he/she shall be resRonsible for all such work performed under the building permit. (Section
109.1.1)
The undersigned"homeowner"assumes responsibility for compliance with the State Building Code and other applicable codes,
bylaws,rules and regulations.
The undersigned"homeowner"certifies that he/she understands the Town of Barnstable Building Department minimum inspection
procedures and requirements and that he/she will comply with said procedures and requirements.
Signature of Homeowner
Approval of Building Official
Note: Three-family dwellings containing 35,000 cubic feet or larger will be required to comply with the State Building Code
Section 127.0 Construction Control
HOMEOWNER'S E%EMPTTON
The Code states that: "Any homeowner performing work for which a building permit is required shall be exempt
from the provisions of this section(Section 109.1.1-Licensing of construction Supervisors);provided that if the homeowner
engages a person(s)for hire to do such work,that such Homeowner shall-act as supervisor."
Many homeowners who use this exemption are unaware that they are assuming the responsibilities of a supervisor
(see Appendix Q,Rules&Regulations for Licensing.Construction Supervisors,Section 2.15) This lack of awareness often
results in serious problems,particularly when the homeowner hires unlicensed persons. In this case,our Board cannot
proceed against the unlicensed person as it would with a licensed Supervisor. The homeowner acting as Supervisor
is
ultimately responsible.
To ensure that the homeowner is fully aware of his/her responsibilities,many communities require,as part of the
permit application,that the homeowner certify that he/she understands the responsibilities of a Supervisor. On the last page
this issue is a form currently used by several towns. You may care to amend and adopt such a form/certification for use in
your community.
Q:1wPFILES\FORMS\building permit formslEXPRESS.doc
06/20/16
Roma, Paul
From: Stanton, David '
Sent: Thursday,August 18, 2016 3:50 PM
To: Roma, Paul;Anderson, Robin
Subject: FW:75 Cap'n Jac's Endorsed Order
Attachments: 75 Cap'n Jac's Endorsed Order.pdf
FYI
-----Original Message----- a
From: Weil, Ruth
Sent: Thursday, August 18, 2016 11:09 AM
To: Ells, Mark
Cc: Scali, Richard; McKean, Thomas; Stanton, David -
r ..,Subject: FW:75 Cap'n Jac's Endorsed Order
Dear All:
Attached please find the order from the Barnstable District Court approving the requested receivership for the 75 Cap'n
Jac's property. Lizabeth Marshall,the Assistant Attorney General handling the case,outlines below the next steps to be
taken.vis a vis the receivership. Please call with questions. Best, Ruth>
RRIb J. Weil
Town Attorney
Town of Barnstable z
367 Main Street.
J IS1annis; I,I.1.02601
�08-852-4520 (telephone)
-508-862-4724 (fax)
The information.contained.in this electronic trans.nission ("c-mail"),i.n.cludin any attachment (the "In fo.r.mati.on"),
may be c6nfidential or othemise exempt from disclosure. It is for the addres ee only. This Information may be
privileged and.confidential attorney work.-product or a,priwile;ed and confid ntial attorney-client communication.
The Information may als o be deliberative and pre-decisional in nature. As s -li,it is for internal use only. "The
Information may not.be disclosed.without the prior written consent of the Z wn Attorney's Office of the Town of
Barnstable. If you have received this e-inail.by mistake,please notify the sender and delete it from your system.
please do not copy or forward it. Thank you for your cooperation..
From: Marshall, Lizabeth (AGO) [mailto:lizabeth,.marshal)@state.ma.us]
Sent: Thursday, August 18, 2016 10:53 AM
To; Weil, Ruth
Subject:.75 Cap'n Jac's Endorsed Order
Hi, Ruth, ,
I•got the endorsed order from the court yesterday. I've attached a copy.
The receivers are going to try to get.a sense of what needs to be done and put together-a proposal/budget,then we
will request a Bearing. I think they will probably-reach out to the Town's inspectors for opinions on the necessary
re�pair`s'.';1 also sounds like they will begin yard maintenance as soon as they have filed the Order in the Registry of
Deeds..
If there is anything you need,'please don't`fie'sitate'to calla �'
.Thank you!
Liza .
Lizabeth Lagarto Marshall
Assistant Attorney General
Office of Attorney General Maura Healey
105 William Street
New Bedford, MA 02740
(508) 742-4516 (phone)
(508) 990-8686 (fax)
2
- i-r
Roma, Paul
From: Stanton, David,
Sent: Tuesday, August 16, 2016 9:05 AM
To: McKean,Thomas
Cc: Anderson, Robin; Roma, Paul
Subject: FW: 75 Cap'n Jacs
-----Original Message-----
From: Marshall, Lizabeth (AGO) [mailto:lizabeth.marshall@state.ma.us] E
Sent: Tuesday, August 16, 2016 8:57 AM
To: Stanton, David; Weil, Ruth
Subject: RE: 75 Cap'n Jacs
Hi, David and Ruth,
I'm sorry for the delay. I did get a call from the clerk's office at the end of the day on Friday, and the receivership was
allowed. I was hoping to have the endorsed order to send to you yesterday, but it didn't arrive in the mail.
N
The receivers will file the order in the Registry of Deeds and then will begin cleaning up the exterior of the property. I
expect that they will reach out to you and to the building department for opinions regarding whether the structure can
be repaired and what the specific violations to correct are at the property.
Thank you again for coming on Friday and being available to testify, David. I'll send the order out as soon as I receive it—
hopefully today!
If you have any questions, please don't hesitate to contact me.
Thanks,
Liza
From: Stanton, David [ma i Ito:David.Stanton @town.barnstable.ma.us]
Sent::Tuesday, August 16, 2016 8:31 AM,
To:,Marshall, Lizabeth (AGO); Weil, Ruth
Subject: RE: 75 Cap'n Jacs
Good morning Liza,
I am curious if the Judge made a decision on Friday 8/12/16 for 75 Cap'n Jacs, Centerville, the property possibly going
into receivership. I know he said witnesses were no longer needed after hearing the case and that he would take a look
at the case during a recess probably that day.
Thanks,
David
-----Original Message----
From: Marshall,Lizabeth (AGO) [ma i Ito:lizabeth.marshall@state.ma.us]
Sent: Thursday, August 11, 2016 11:04 AM
To: Weil, Ruth f`
Cc: Stanton, David
Subject: RE: 75 Cap'n Jacs
David, it would be great if you could be present to testify in the event the court wishes to hear about the
violations, if you're able to do so.
The hearing is tomorrow,8/12, at 10 o'clock.at the Barnstable District Court.
Please let me know if you have any questions. I am in court this afternoon, but should be back after 3:30, if you
want to give me a call to discuss in more detail: 508-742-4516.
Thank you!
Liza
From: Weil, Ruth [mailto:Ruth.Weil@town.barnstable.ma.us] �
Sent: Thursday, August 11, 2016 10:59 AM
To: Marshall, Lizabeth (AGO)
Cc: Stanton, David
Subject: FW: 75 Cap'n Jacs
Dear Lizabeth: We had previously spoken about having a representative of the Board of Health present
tomorrow. Please advise.Thank you. Best,Ruth
Ruch J.'Veil
'I"own Attorney
'Town of Barnstable
367.Main Street
Hyannis,MA 02601
.508-8624620 (telephone) •,
508-8624724 (�z)
'I7he.inform.ation contained in this electronic transmission. ("e-mail."), including any attachment (the.
"Information"), may, be confidential or otherwise exempt from disclosure. It is for the addressee only. This
Information may be privileged and confidential attorney work-product or a privileged.and confidential
attorney-client communication. 'The Information may also be deliberative and pre-decisional in nature. As
such,it is for internal use only. 'I"he Information inay not be disclosed without the prior,written consent of
the Town Attorney's Office of the Town of Barnstable.. If you have received this e-mail by mistake, please
n6tifv thee sender and delete it from your system. Please do not copy or forward it. Thank you for your .
cooperation. t
From: Stanton, David
Sent: Thursday,'August 11, 2016.9:50 AM ,
To: Weil, Ruth
Subject: 75 Cap'n Jacs °
Good morning Ruth,
Tom McKean is on vacation this week and I cover in his absence. He had mentioned something a while
back about a possible court hearing for 75 Cap'n Jacs (working on going into receivership)tomorrow. Does
anyone from'the, Health Division need to be present at this hearing? If so, which court and what time.
Thanks,
Dave k `
2
y0F1HE T
ti Town of Da>rns>ta ble
T
n�>u+sz�DLE Re 'Watory Services
MA .
i639. Public Health Division
�A ' D
Thonas McKean,Director
200 Main Strect,.Hyannis,MA 02601
Office: 508-862-4644
Fax: 508-790-6304
Ms.Mary Ellen Conley December 30,2014
75 Cap'n Jacs Road
Centerville,MA 02632
DWELLING UNFIT FOR HUMAN HABITATION
ORDER TO VACATE
In accordance with M.G.L.c.1 l 1,sec. 127A and .127B, 105 CMR 400.000: State
Sanitary Code, Chapter 1: General Administrative Procedures and
State Sanitary Code, Chapter ]OS CMR.410.00 aper II: Minimum 0
� Standards
Thomas McKean RS, CHO, Director of Public Health for the Town of Barnstables for Human ,
conducted an inspection of the dwelling located at 75 Cap'n Jacs Road, Centerville
Massachusetts on December 29, 2014 at 7:05 p.m. after receiving a call from Sergeant
McKenna of the Barnstable Police Department. The owne Mary Ellen Conley. r's name in this dwelling is
Based on the results of that inspection,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 (D), the Health Department further finds that the conditions within the
dwelling are such that the danger to the life or llealth 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 findin of
unfitness and determination of immediate danger, include: g
410.450: Means of riOrressand 410.451: Egress Obstruction:Piles of papers,
cartons, empty cat food cans, tin foil wrapped products, and othe
the floor and on top of furniture r items piled up on
, blocking egress and passageways. Front left door to
dwelling could only be opened roughly one foot and led only to a wall of stacked ked up
410.100: Kitchen sink, stove,and other appliances were not accessible. Large '
cat cans and other debris approximately five feet high in the kitchen area, g plies of
SAM1RDl.ess\Barnstab1e175 Cap'n Jacs itc1175 Ca#n Jac-Heallh Rcpnrl.dnc
i
4.0.602(B)Maintainin 11w(-na„n'yj t: Piles of papers, cartons and other debris p ited
on the floor and on top of furniture throughout. Spider webs observed along ceilings
throughout dwelling.
410.500: Rotted fascia boards and sills at exterior of dwelling. One is able to see into
the attic space of-the dwelling from outdoors.
410.100: Kitchen sink,stove,and other appliances were not accessible. Large piles of
eat cans and other debris approximately five feet high in the kitchen area.
In addition,Police Sergeant McKenna reported that there is no water service to this
dwelling. The occupant was using a bucket as a toilet.
Based upon these findings any and all occupants are hereby ordered to vacate-and the
landlord/owner is ordered to secure the subject d
this order. J welkin within 4 e>. g 8 hot If any person refuses to lea Its hi receipt of
leave a dw ell'In o i o
ordered vacated s g portion thereof,which he may be forcibly removed b the ' was
(Massachusetts General Laws C. 127B), or by local police a thorit es at
Board of Health. request
q of the
Furthermore, anyone who
subject to fi fails to comply with any order of the board of health may be
nes ranging from$10-$500. Each day's.failure to comply with an order
shall constitute a separate violation.
Once vacated this unit ma
of Health. Y not be occupied without the written approval of the Board
Note: This is an im ortant le al document. It ma affect our ri
hts.
PER ORDER OF THICi BOARD OF 13RALTI4
Thomas A.McKean, CHO
Director of Public Health
Town of Barnstable
SAAHMUsMarnslable\75 Cap'n Jacs Rd175 Cap'n Jac-ficallh Rcport.doc
Town of Barnstable
�P�pF1HE rp Regulatory Services
Richard V.Scali,Director
BARNSTABLE, * Building Division MASS. BARNSTABLE
q
�opi0l 1639.a`0� Paul Roma, MST
FQ � 1639-1014
Building Commissioner
3D57
200 Main Street, Hyannis, MA 02601
www.town.barnstable.ma.us
Sept 30, 2016
To: Elizabeth Marshall, AGO
From Robin C. Anderson, Chief Zoning Enforcement Officer
Re: Sept 12, 2016 Update to Original Staff Report on 75 Cap'n Jac's
Returned to 75 Cap'n Jac's on Monday 9/12 to meet David Stanton, Chief Health
Inspector as a result of reported activity and complaints on this vacant property.
No permit application or inquires have been submitted to Regulatory Services concerning
proposed work or requirements.
Upon arrival, I found David on site in the driveway
The container was full of debris and household items. Some applt nces werde found on
the right side of the front yard including a dishwasher, washer& dryer and microwave
oven (likely separated for metal recycling). The yard was completely cut back around
entire property leaving a circular landscape feature in the front yard and an unregistered
automobile had been removed. No vehicles or persons were found on site at this time but
David advised a neighbor stopped by to inquire about the status of an anticipated demo
order.
Email from David Stanton re: interaction with neighbor at site prior to my arrival:
Monday 9/12 @ 11 AM. No one was there while I called you and waited for your arrival to
take a look around. One neighbor stopped his truck to ask\tell me it should be torn down,
however I told him that was not my call. He said he saw someone working there over the
t
weekend and thought there was a vehicle that said helping hands" on it, but he didn't
seem 100% positive. We received two complaints over that weekend from 2 different
neighbors complaining, the first call came in on that Saturday (9/10.)
The follow up on this date was the result of calls (see Dave's email above) and information
reporting that the water in basement had been discharged. If true, Regulatory Services
was not officially consulted or notified of this development.
Assuming the water had been discharged, David and I checked the site of the previous
ponding complaints on abutter's side. We noted that the subject area was.drying up and
appeared to only be superficially moist as would be anticipated by the sheer volume of
water seeping for months and then discharged.
Because we had been unable to walk around the house due to the overgrowth, David and
I continued around the property. The bedroom windows were noted to be open allowing
for some air circulations. The rank and fetid air was offensive from
of pavement on Cap'n Jac's Road. 30' away at the edge
Conditions:
' Buckled, leakingsagging '
, gging roof, curling shingles & sheathing'
Rodent and animal damage
Rotting/missing sills
Gutters_fallen/missing some with organic growth contained inside
Glass panes broken &window screens missing
Garage door not secured (just lifts up)
Visible black mold/mildew on every wall (odor noticeable 30' awa
As noted peering through doors and windows Y)
Ceilings caved in
Floor
s buckled.
• Basement expected to have suffered severe water damage (vol
the basement floor to the ceiling) ume of water filled
:
.
Concerns:
• Compromised foundation, wall, and floors
• Damaged utilities -furnace/water he
' Structural integrityfoundationater/electrical panel, etc.
n question
Unsafe working conditionsdue to severe oors lmold/mildew/a '
Exposure unhealthy air without proper equipment (haz mat suits/respirators eas deem
necessary, etc) is dangerous. erred
Staff Recommendations
Staff was alarmed to hear about workers entering I requested that the Building Commissioner, Paul-Roma check I thout he property and
opinion about the seriousness of the issues noted above. Y render an
The Commissioner informed me that upon his arrival'he found workers
attire cleaning out the property. He stated that they refused to identify
in casual summer their employer. The
Commissioner subsequently advised the workers that entering the facilitywas unhealthy.
When he informed them that the structural integrity had to be assessed before people
could safely enter they reportedly replied that they "needed a
pay check".
After my discussion with the Building Commissioner(and David Stanton, Chief H
Inspector), I notified Legal about our concerns that workers were inappropriately eaire
and ill-equipped to be entering the house. p y attired
The Building Commissioner will require certification from a structural engineer that the
d b
foundation and dwelling has not been significantly compromise
inspectors to enter the property for assessment and certainl efore allowing
and associated permit requests. Y prior to any proposed work
CC:Marshall, Lizabeth (AGO) [mailto:lizabeth.marshall st @ ate.ma.us]
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
BARNSTABLE, ss
TRIAL COURT
DISTRICT COURT DEPARTMENT
BARNSTABLE DIVISION
CIVIL ACTION: 1625CV00298
ATTORNEY GENERAL for the )
COMMONWEALTH OF MASSACHUSETTS
Petitioner,
V. )
MARY ELLEN CONLEY, as owner of the property )
located at 75 Cap'n Jac's Road, Centerville, Mass.
CAPE COD COOPERATIVE BANK, as mortagee ))
and party with an interest in 75 Cap'n Jac's Road,
Centerville,Mass and DISCOVER BANK, as party )
with an interest in 75 n Ca '
p Jac's Road
Centerville, Mass. )
Respondents. )
REQUEST h'OR HEARING
The Receiver, McGinney&Porter, LLC, by its Attorney, Louis V. Sorgi,Jr.,hereby
respectfully requests that this Honorable Court grant a hearing on its Motion for Alternate
Service of Process, Motion to Teardown and Raze the dwelling at 75 Cap'n Jac's Road, and on
its First Report, on October 25, 2016 at 10:00 A.M. at the District Trial Court of Massachusetts,
Barnstable Division, 3195 Main Street,Barnstable, Ma. 02630
Respectfully.. omitted,
McGinn e ,LLC
By it. o•
Sou�
o V. Sorgi, r. BBO#473300
}, i &Minichiello, LLP473300
13' 9 Washington Street
October 12, 2016 Hanover,Massachusetts 02339
Lsorgijr@aol.com
CERTIFICATE OF SERVICE
Dated: October 12, 2016
I, Louis V. Sorgi, Jr., BBO#473300 do hereby certify that I have, on this 12"day
of October 2016, served a copy of Receiver, McGinney&Porter, LLC.'s First Report,Receiver's Motion for Alternate Service, and Receiver's Motion to Teardown and
Raze the dwelling at 75 Cap'n Jac's Road Centerville,Ma., by causing a co of the
g
these three motions to be mailed first class,.postage prepaid,to the followin py
Brian Soarer
McGinney&Porter, LLC
1 Tower Road
Plymouth,MA 02360
Samuel H. Crowell
Crowell Law Office,PC i
99 Willow Street, Suite 1.
Yarmouth,Ma. 02675
Attorney for Cape Cod Cooperative Bank
The Cooperative Bank of Cape Cod
Operations Center
25 Benjamin Franklin Way
Hyannis,Massachusetts 02601
Discover Bank
502 E. Market Street
Greenwood, Delaware 19950
Mary Ellen Conley
75 Cap'n Jac's Road
Centerville, Ma. 02632
Paul Roma
Building Commissioner
Town of Barnstable
200 Main Street
Hyannis, Ma.02601
1
MAURA HEALEy
ATTORNEY GENERAL
Liza Lagarto Marshall
Massachusetts Office of the Attorney Southeastern Massachusetts Division
General
105 William Street
New Bedford,MA. 02740
Lo is V. Sorg%
rgi &Minichiello, LP
1399 Washington Street
Hanover, Iola. 02339
781-826-0770
t
2
S�
SORGI& MINICHIELLO,LLP
Attorneys at Law G�S
1399 Washington Street �r7
Hanover,Massachusetts 02339
Telephone: 781-826-0770
555 Pleasant.Street Facsimile: 781-826-6601
Brockton,Ma. 02301 Lsorgijr@aol.com
Anna M. Sorgi
Louis V. Sorgi,Jr. Thomas J. Minichiello,Jr.
Kaley Cullen Sorgi
October 12, 2016
Clerk of Courts, Civil Business
District Trial Court of Massachusetts
Barnstable Division
3195 Main Street
Barnstable, Ma. 02360
RE: Attorney General for the Commonwealth of Massachusetts V. Mary Ellen Co
The Cooperative Bank of Cape Cod, Discover Bank nley
Docket Number: 1625CV000298
Dear Sir/Madam:
t J,,s
Enclosed for filing and docketing please find the following:
1 St..
1. Receiver's First Report "
2. Receiver's Motion for Alternate Service of Process
I Receiver's Motion to Teardown and Raze the dwelling at 75 Capin Jac's Road T
4: Request for Hearing, and
5. Certificate of Service
As referenced in our Request for Hearing, the Receive•asks that
heard at 10:00 A.M. on October 25,2016. Thank yo f r your attention Motion this a
matter.
Since 1�
/ s r, Jr
Att 1 y r the Receiver
McGinney&'Porter, LLC
CC: Attorney Samuel H. Crowell
Assistant Attorney General Lizab th Lagarto Marshall
Mary Ellen Conley
Discover Bank
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, ss. TRIAL COURT
HOUSING COURT DEPARTMENT
BARNSTABLE DIVISION
CIVIL ACTION NO: 1625CV0000298
ATTORNEY GENERAL for the )
COMMONWEALTH OF MASSACHUSETTS, )
Petitioner, )
V. )
MARY ELLEN CONLEY, as owner of the )
Property located at 75 Cap'n Jac's Road )
Centerville Massa )chusetts; CAPE COD
COOPERATIVE BANK as )
mortgagee and party )
With an inter
est in
the property located at 75 )
Cap'n Jac's Road, Centerville, Massachusetts; )
And DISCOVER BANK, as a party with an interest )
In the property located at 75 Cap'n Jac's Road )
Centerville, Massachusetts, )
I
Respondents. )
i
RECEIVER MCGINNEY &PORTER LLC.'s rIRST REPORT
NOW COMES the receiver, McGinney &Porter,LLC., ("Receiver") and in
accordance with paragraph 6 of the Order for Appointment of Receiver under G.L.c. 111,
§127L, dated August 12, 2016, submits to this Honorable Court the Receiver's First
Report for the receivership of the property located at 75 Cap'n Jac's Road, Centerville,
Massachusetts. The Receiver's First Report is for the period beginning August 12, 2016
through October 12, 2016.
DOCUMENT PAGE
Funds Spent to Date 1
Sources of Funds 1
Preliminary Budget for requested repairs 1 (see attached for details )
Expenses (Page 2-5) EXPENSES
1. Recording of Court Order $75.00
2. Recording other items $
3. Trash Removal $8950.00
1
5. Lock Change,Postings/Security $180.00
6. Management Fee $
- 7. Legal Fees
TOTAL: $9205.00
DTSBURSEMCNTS
Disbursements were made, with regard to the above-mentioned expenses,total of$9205.00 p , to the
Respectfully submitted,
McGinney&Porter, LLC.
RECEIVER
By its Attoy e ,
Y
Louis V S gi,Jr.
I BO#473300
Attorneys at Law
Sorgi &Minichiello, LLP.
1399 Washington Street
Hanover, MA 02339
2
CERTIrICATE OF SERVICE
Dated: October 12,-2016
I,Louis V. Sorgi, Jr., do hereby certify that I have, on this 12"'day
of October 2016, served a copy of Receiver, McGinney&Porter, LLC.'s First Report,.
Receiver's Motion-for Alternate Service and Receiver's Motion to Teardown and'
Raze the dwelling at 75 Cap'n Jac's Road Centerville,Ma.,by causing a copy of the
these three motions to be mailed first class,postage prepaid,to the following:
Brian Soares
McGinney&Porter,LLC
1 Tower Road
Plymouth, MA 02360
Samuel H. Crowell
Crowell Law Office, PC
99 Willow Street, Suite 1.
Yarmouth, Ma. 02675
Attorney for Cape Cod Cooperative Bank
The Cooperative Bank of Cape Cod
Operations Center
25 Benjamin Franklin Way
Hyannis, Massachusetts 02601
Discover.B ank
502 E. Market Street
Greenwood,Delaware 19950
Mary Ellen Conley
75 Cap'n Jac's Road
Centerville, Ma. 02632
Paul Roma
Building Commissioner
Town of Barnstable
200 Main Street
Hyannis, Ma. 02601
MAURA HEALEY
ATTORNEY GENERAL
Liza Lagarto Marshall
Massachusetts Office of the Attorney General
Southeastern Massachusetts Division
105 William Street
3
New Bedford, A 02740
L is V..Sorgi,Jr.
rgi &Minichiello,LLP
1399 Washington Street
Hanover,Ma. 02339
781-826-0770
4
i
r
x
A
I Tower Road,
McGinney & Porter, LLC Plymouth;MA 02360 . 508-962-6922
Funds Spent to Date
Recording of Court Order $
Recording other Legal Items 75.00 Brian Soares
Trash Removal $ - Brian Soares
Initial Carpentry $ 8,950.00 1 Know A Guy Property Management
Initial Pre $ - I Know A Gu Property p and Bids $ - Y p y Management
Lock Change and Posting/Securing $ I Know A Guy Property Management
Management Fee 180.00 I Know A Guy Property Management
Legal Fees $ - McGinney&Porter, LLC
'otal Current Expenses $ - Sorg!and Minichello, LLP
$ 9,205.00
I
sources of Funds
AHI Program Loan $
AHI Program Grant - City of Fall River Community Development
Business Loan $ - City of Fall River Community Development
Business.Loan $ 25,000.00 Brian Soares Loan
otal Funds $ 134,395.40 Private Equity
$ 159,395.40
;udge for Repairs
teal Estate Taxes-arrears $
Zeal Estate Taxes-current $
Management Fees - town of Barnstable
.egal Fee $ 22,000.0o McGinney&Porter, LLC
septic System $ 18,000.00 Sorg!and Minichello
appraisals $
Page Corp
.oan Interest 900.00 Kane Appraisers
Ieceiver Fees/Profit $ 9,600.00 See Above.
$ 18,000.00 McGinney&Porter, LLC I
otal Construction and Rehab Costs $ 90,895.40 I Know a Guy Property Management,LLC
)tad Construction/
ahab Costs $ 159,395.40
- I
:
Contractor/Vendor: McGinney+Porter
Phone:508.962.6922
Address: 1 Tower Rd
City: Plymouth
State/Zip: Ma 02360
PROJECT: 75 Capn 1acs,Centerville,MA
Agent
li ITEM Punch
List
RING . :,, ;�..: CRIPTI ION/COMMENTS PRICE
.. ....
rpet Replace:p i he
a ..( d f
qulred . . .
:arpet Cleaning: x yds $p/yd.. : . .... ..
'Inyl Replace: $0.00
'Inyl Repair: x ft. $p/ft
fie Replace/Repair: $0.00
ubfloor:Replace/Repair x sq'
ther:(describe) 00 0
oral Flooring $0.00
:::;,...,... $0.00
'INTERIOR PAINT 8t pRp:' :;<:•:::.:
ywall:Repair/Re lace (?Il hooks and nails are to be removed re "``
p x move.well plates i for to palnUng) 77.
allpaper Removal:
ad Inspection X --__
:erior paint:(walls only)
;erior paint:(walls&ceilings) $0.00
rage: x —
ors,trim,cabinets:(semi gloss enamel) X
ier:(describe) 2-3 coats as coverage dictates —
ital Interior Paint& Prep X kitchen drop ceiling removed.Original ceiling repaired
XT $0.00
:;,..
F .
nplete exterior paint: :` ?;:;::;:':'rr•: ::;,;. ;:;_;,::,:•••
:,,.....,,:•::.
>rs&Trim only: '` ..`'"i
:k: x
er:(describe) —
Total Exterior Paint
S, $0.00
PLI :,.
Ran a C00 •:(No used appliances,include retake anil colo ' `; "`•`''
g / ktop/Oven:(Replace/Repair) ri
Vent Hood:(Replace/Repair) $0.00
Dishwasher:(Replace/Repair) $0.00
Microwave: $0.00
Refrigerator: I $0.00
Disposal:(Replace) $0.00
Dther:(describe)
Total Appliances
ARP:EN '
..TRY, (,NTERIOR�EXTER(OR��'�`::-:;'.�' `::
:ounte o rt ps: /Repair)lace Re . .. •::,,:,.;;,.:,;
( p ...., ..,.
x
(Replace/Repair) x
:abinets,Hardware: '. •$0.0000
iterlor Doors,Hardware:(Replace/Repair) x $0.00
xterior Doors,Hardware:(Replace/Repair) x $0.00
xterior Siding,Trim:(Replace/Repair) X $0.00
;arage OH Door:(Replace/Repair) $0.00
ence,Gate:(Replace/Repair) $0.00
/indows:(Replace/Reglaze) x $0.00
:Teens: x $0,00
then:(describe)
$0:00
otal Carpentry $0.00
..:;., $0.00
1=C
dtTRIC.AL' . . . ..
ures: Re
( place) . ;' .. .. . .. '°
filing Fans: F
obes:
ltlets,Switches,Wall plates:
!Ibs:
Coke Detectors:
taker/Wlring:(Replace/Repair) x
x
her:(Describe)
ital Electrical Total upgrade to code Details attached.
$0.00
:I?,LUJVI I ''
I !ter Heater:(Replace/Repair) a.'
j t X' .. ..... ,. .. ;`
prior Pipes:(Replace/Repair)
erior Pipes:(Replace/Repalr) x
;e Bibs:(Replace/Repair)
!cets,Fixtures:(Replace/Repair)
<s,Toilets:(Replace/Repair) x
inkler system:(Repairs) x
-1 Equipment:(Replace/Repair) _
tic:(Replace/Repair)inspection _
Il,Pump:(Replace/Repair) $16,400.00
1p pump:(Replace/Repair)
i
!Winterization,Dewinterization:'
Other:(describe) El
Total Plumbing Total upgrade to code.Details attached.
- $16,400.00
VAC
.'aii'c'
(, A filters to be a :••••'
Furnace. Re lace r placed upon completion of repairs)
( p /Repair) ,�. .....:::;��. . .. ..... .
x
Condensor,Compressor:(Replace/Repair)
Thermostat:
Ducts/Grills: x
Filters:
Other: x
TOtal HVAC Total upgrade to code.Details attached.
$0.00
KlIng
Provide typeofrooflri ;::!:':,; :. :::; ::: •: :;.,:tsr:::::;::.-:....:,.,,.,
toof:(Replace/Repair) roofing
toof decking: x
lashing:(Replace/Repair) x
3-utters:(Replace/Repair) x
)then:(describe) x
x'otal Roofing Ridge vent repair
::!, • ,!:,:,: $0.00
nglneer s inspection Re port: .. . .. ... .. ...„
:)undation Repairs: $1,500.00
/aterproof basement: $0,00
rading:
------------
lasonry,brick pointing,chimney: x
)wer washing;
ther:(describe)tear down of home
Dtal Structural $50,0
:CLEANING:&`.NiAINT
51.,500.00
sal Sa
les Clean: •. . .
termination:(Type) ]00.
her:(describe) 1—iInitial trash out/carpet tear out
)tal Cleaning& Maintenance
.. ... .
THEIt REP.—A %RECOIVIIVIENDATIO
. .... ......
..:.:.....
scri do
moval of vehicle Insurance-liability and construction
$0.00
idscape(initial lot-clear) $M.00
idscape (final package) $4,200,o0
:)al property secure $0.00
'no,prep for carpenters $180.00
istruction Contingency and soft costs $0.00
Iders Profit and Overhead 15%Gross Profit Margin+3%Overhead $0.00
$13,865.40
Total Other
$18,995.40
Total
Contractor Signature: Date:
I i
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
BARNSTABLE, ss
TRIAL COURT
DISTRICT COURT DEPARTMENT
BARNSTABLE DIVISION
CIVIL ACTION: 1625CV00298
ATTORNEY GENERAL for the
COMMONWEALTH )OF MASSACHUSETTS, )
Petitioner, )
V. )
MARY ELLEN CONLEY, as owner of the property )
located at 75 Cap'n Jac's Road, Centerville, Mass.
CAPE COD COOPERATIVE BANK, as mortagee )
and party with an interest in 75 Cap'n Jac's Road,
Centerville,Mass and DI )SCOVER
with BANK, as party
an in )teiest in 75 Cap'n Jac's Road
Centerville,Mass. )
Respondents. )
RECEIVER'S MOTION FOR ALTERNATIVE SERVICE OF PROC ESS
Now comes the Receiver, McGinley&Porter, LLC, and hereby requests that this court
allow the Receiver to proceed with alternative service of process in the above-referenced matte
As grounds for this motion, the Receiver states the following: 1'
1. The Receiver is seeking an order authorizing the Receiver to Teardown and Raze the
dwelling at 75 Cap'n Jac's Road, Centerville pursuant to the State Sanitary Code Provisions as
said property has been deem unsafe and uninhabitable by the Town of Barnstable Inspectors.
2. The owner of record of the Property is the respondent MARY ELLEN CONLEY
("Respondent").
3. The Property was abandoned and has numerous
nding code
pose a serious'risk to the health, safety, and well-being of abutters aand residents l of t ens which
community in which it is located and has now been assigned to the Receiver to render the
property safe.
i
4. As set forth in detail in the pleading by Lizabeth Lagarto Marshall, in the
Commonwealth's Motion for appointment of Receiver dated July 1,20.16, the petitioner made a
diligent effort to locate the respondent for purpose of service of process in this matter,however
the petitioner was unable to confirm a valid address for Respondent. Inquiry was made with the
Mortgagee of record who indicated that the only address they had for the Res ondent w
subject property. P as the
5. Receiver now asks this court to allow service of process upon the Respondents
publication in a local newspaper serving the Town of Barnstable, ie, The Cape Cod Times in a
form and for a duration acceptable to the Court,posting the Receiver's motion t
Raze the dwelling at the subject property. o Teardown and
6. In addition to the notice by publication,the Receiver requests service upon
following who have or may have a potential interest in the Property, by FIRST CLASS U. S.
Mail:
Cape Cod Cooperative Bank
Discover Bank
WHEREFORE,the Receiver requests this court allow alternative service of process.
.
Respectfully submitted,
McGinney Porter,LLC
By its Atto�4ey,
Lou' Sor i, Jr. $BO#
Sor• &Minichiello, LLP473300
13 '9 'Washington Street
Hanover, Massachusetts 02339
I
i
, . . . ATTORNEY
GENERAL for the
COMMONWEALTH OF MASSACHUSETTS, )
Petitioner, )
V.. . . )
MARY ELLEN CONLEY, as owner of the 75 Cap'n )
Jac's Road, Centerville, Mass, CAPE COD
COOPERATIVE BANK, as mortgagee and party with))an interest in 75 Cap'n Jac's Road, Centerville,Ma,
and DISCOVER BANK, as party with an interest in )75 Cap'n Jac's Road,.Centerville, Ma. )
Respondents. )
ORDER OF NOTICE
Upon the Receiver's Motion for Alternative Service of Process it is
be made as follows: hereby ordered that service
(1) Upon Respondent MARY ELLEN CONLEY by posting notice at 75
Cap'n Jac's
Road Centerville, Massachusetts and by publication of the following notice in 3 is
Cape Cod Times, a newspaper of general circulation in the Town of Barnstable sues of The
,.Massachusetts:
To: MARY ELLEN CONLEY: an action has been commenced against
District Court Department, Barnstable Division, Docket No. 1625CV0002u m the �
Attorney General for the Commonwealth of Massachusetts affecting98, by the
Cap'n Jac's Road, Centerville, Massachusetts. The Appointed Receiver, McGproperty y 75
Porter,LLC is seeking the Court to approve its Motion to Teardown and Raze the
&
Property and to obtain an order thereto. If.approved,the receiver will request thate
Court authorize the receiver to teardown and raze the property leaving the
place. P Y mg a vacant lot in its
You are hereby summoned and requested
Washington Street, Hanover, Ma. 02339,Attor eys for h cve
e Re ir,any objecti
llo, LLP 1399
the Receiver's Motion to teardown and raze the property at 75 Cap'n Jac's Road on to
Centerville,Mass., within ten(10) days fro the date of this notice. you are encouraged
to contact Sorgi &Minichiello, LLP at(781) 826-0770.m '
(2) Upon Respondent Cape Cod Cooperative Bank and Discover Bank by .
y First Class US .
So ordered,
COMMONWEALTH OF MASSACHUSETTS
THE TRIAL COURT
BARNSTABLE, ss
TRIAL COURT
DISTRICT COURT DEPARTMENT
BARNSTABLE DIVISION
CIVIL ACTION: 1625CV00298
ATTORNEY GENERAL for the
COMMONWEALTH
MONWEALTH OF MASSACHUSETTS, )
Petitioner, )
V. ).
MARY ELLEN CONLEY, as owner of the property )
located at 75 Cap'n Jac's
p ac s Road
Centerville
CAPE COD COOPERATIVE BANK as mo agee )
and party with an interest in 75 Cap'n Jac's Road,
Centerville,Mass and DISCOVER BANK, as party )
with an interest in 75 Cap'n Jac's Road,
Centerville, Mass. )
Respondents. )
CEIVER'S MOTION TO TEARDOWN AND RAZE THE
75 CAP'N JAC'S ROAD CENTS HL DWELLING AT
RVILLE MASSACHUSETTS.
Now comes the Receiver, McGinney&Porter, LLC, and hereby requests
s court
order and approve the teardown and razing of the dwelling located at 75 Ca 1 n Jac tos
Road, Centerville, Massachusetts (the Property). As grounds for this motion the
Receiver states the following:
I. On December 30, 2014, June 9, 2016 and June 10, 2016,the Town of Barnstable
conducted inspections of the Property and noted multiple code violations at the
Property, including extensive trash and debris pile up; rotted fascia boards and sills;
and a lack of running wafter. See Attachment#1.
2. On December 30, 2014 the Town of Barnstable Regulatory Services
Division issue an order declaring the Property unfit for human habitat on and Health
order to Vacate. See Attaclunent#2 entitled "DWELLING UNFIT FOR HU
HABITATION, ORDER TO VACATE". MAN
3. On September 30, 2016, Robin C. Anderson, Chief Zoning Enforcement Officer for
the Town of Barnstable issued a report based on an inspection conducted on
September 12,2016. See Attachment#3.
4. In the report of September 30, 2016 the following conditions and concerns were
noted:
a. Buckled, leaking, sagging roof, curling shingles &sheathing;
b. Rodent and animal damage,\
c. Rotting/missing sills
d. Gutter, fallen and missing and some
containing contai 'm gorganic growth,e. Visible Black mold/mildew on EVERY wall (odor noticeable 30 feet away).
f. Ceiling caved in
g. Floors Buckled,
h. Basement expected to have'Suffered severe water damage as water volume
had filled the basement to ceiling,
L Compromised foundation, wall, and floors,
j. Damaged utilities
k. Structural integrity of foundation and floors questioned,
5. Based on these reports and findings the Receiver has determined that it is not
economically or practically feasible to renovate,repair or remediate the Property to
make it habitable, safe and in full compliance with the health, safety, building, and
fire code,nor will it be able to remediate the vast mold infestation. The failure to
eliminate these problems renders the Property an immediate danger to the health,
safety and well-being of the abutters and public in General.
6. In the opinion of the Receiver the only way to remedy the above described situation
to teardown and raze the dwelling located at 75 Cap'n Jac's Road, Centerville,Mass. is
As such the Receiver respectfully requests that this Court Order the dwelling located at
75 Cap'n Jac's Road, Centerville,to be torn down and razed and the lot cleaned of all
hazardous waste and debris.
Respectfully submitted,
McGinney Porter, LLC
By its A-
L, is '. Sorgi;Jr., BBO #473300
,. oigi &Minichiello LLP
�1399 Washington Street
Hanover, Ma. 02339
Dated: October 12, 2016 781-826-0770
Lsorgijr@aol.com
j
ATTACHMENT #1
DATE: June 14,2016
TO: Building File
FROM.[: Robin A.nderson, Chief Zoning Officer
RE: 75 Cap'n Jac's Road, WB
Staff received a complaint concerning run-off and ponding between two properties
located at 75 Cap'n Jac's (Mary Ellen Conley)and 65 Cap'n Jac's(Michael &Mary
Gordon).
Reported to site on Thursday,June 9,2016 with LI Bob McKechnie.
�• Z�'t2r' �#yT ,yv,'��•.,1�} ;, ..•,. .., +j.,..:�,�!:��.•.•ti:�r�i�.._'•��,,:^Y^J.
.�� •rY'{145�;;�' Y.;fi i \ �„ yc 't- K) .y;l:�c.v jJl,
�� wt'r � \ex �\�' ';ij t' ,t;.'`,,`���� .a . ��yar•ea. ,t•�.
`ir t \r 31 � .• t• •�
�E
June 9,2016 Conditions-sunny,dry and comfortable.
Checked 475 and found property to be vacant and over grown. An abandoned car was
located on the side of the garage. The over growth was too dense to walk around fine
Property. We approached 465 Cap'n Jac's Rd. and knocked on the front door. Mr.
Gordon came out and showed us his side yard abutting the Conley property.
I observed a large body of water in the middle of the shrubs(a visual divide and barrier
between the two properties). There was no obvious source of water and the topography
did.not seem conducive to natural ponding. Because the weather has been dryecenl
the volume of water in this area was a mystery,
The area on the#75 Cap'n Jac's side appeared to be dry. Although we were unable to
walk through to the opposite side(on#75)we noted the leaves and overgrowth appeared
to be and and yet the soil on the#65 side was very saturated and spongy. Again,we
noted that there was no visible water source. It was also determined that there is no
irrigation system on 465 and the subject location of the ondin located in the middle area of the dwellin p g(which is approximately
corner of the lot). 6)was too far from the septic system (at the rear
. 1
Mr Gordon explained that the ponding occur
been enough rain t red over the past month but-there has not
o.explain the ponding or saturation level. Mr. Gordon stated he has
had water in his basement for a longer but unidentified length of time. In fact, lie stated
that he just had an additional pumping system installed as his landscaper noted concern
about the volume of water being.pumped and he agreed,it was-excessive. Mr. Gordon
also stated that he maintained the original unit as a back-up and installed a new seeon
unit to act.as the primary unit in order to keep the water from accumulating in his daffy
basement.
After my discussion with Nor. Gordon, I contacted Dave Stanton, Chief Health Inspector
for some other ideas about a possible water source. He suggested that perhaps there had
been some road improvements lately that may have diverted the water or an underground
spring. We were both confused because the ponding was reported to have been only over
the last 30 days or so. With#75 Cap'n Jac's having been deemed to be 1701 habitable and
vacant for a least a year, we discounted the Conley Property
the water. I advised David that we contacted the watwaterdepar department toributor co irmrthetrce wateof
r
had been shut off at the street back in Jan.
Julie 10,2016—Conditions Sunny, dry and comfortable
On Friday afternoon,June 10,2016, I returned to the site with David Stanton. Mr.
Gordon was not at home but had previously given us permission to check the ponding
his yard. p dung in
David was surprised by the large area containing water and agreed that the topography
did not lend itself to settling in that location. We speculated about the water source bein
from#75 but I again assured him that our office staff spoke to the water de a rg
6/9/16 and confirmed that the water had been shut off on Jan.21,2016. p ntment on
In fact,staff member Brenda Coyle was informed that the water had been pouringout
of
the"second"floor and had filled the basement. She was also told that the shut o request
originated in the AG's office. Brenda relayed the information to me over the phone and
immediately directed her to note what she was told for our file. (I interpreted the use of
the term"second floor"to actually mean the primary floor as the subject property is a I-
story Cape style ranch with only two levels(basement&ground floor).
After discussing the ponding issue at the site,David and I walked over to 75 Ca 'n Jac's
and down the drive way to again look for a path around to the side or rear of the house.
We stopped for a moment just in front of the garage door and David stated that he
thought he heard something. I pressed illy ear to the door and did in fact hear somethin
but was unable at that moment to determine what it was. In an effort to hearbetter, g
David put his hand under the garage door(in the gap between the pavement&the bottorn
of the door). The door actually lifted up without resistance. We hesitated for a moment
(afraid of the rodents and raccoons noted to be entering)and lifted the door about a third
of the way in order to assess the situation. We observed a washing machine directly in
2
front of us on the rear wall. At this point it became obvious that water was run.ning from
an unseen source. The garage walls were covered in mold or mildew and the air as
stale and dank.
At that point, I called our Consumer Affairs Officer,Therese Gallant and explained situation. Because there appeared to personal be the
longings we were reluctant to enter but
felt it was necessary in order to properly assess the situation. David and I were both
shocked to hear water running in light of the shut-off date provided to us by the water
dept. Officer Gallant logged our entry and we entered the garage to find the source. Our
entry was strictly limited to the garage area only.
The staircase to the basement was located just behind the wall in front us. As we
approached and shined the flashlight,we saw not only that the copper piping to the
washer had split but water continued'to spray and Poll"out. The s ra w
the interior wall of the house P Y as directed on to �
consumed the sheetrock and eatenett rough the walll.. As the was exposed bounce o as the spray had
we noticed it reflecting in the water which had risen up the stars and actual the wall,
basement actually filled the
Although,the water appeared
red clean lcan,there were mushrooms and unusual growths on the
walls of the stairs. The wood was obviousl saturate
d and ffice
asked for staff to contact the water dept and end out a to h is an immed ately sgy. I called MY.I also and
contacted Bob McKechnie to come to the scene in order to photograph the conditions as
our devices were not capturing the scope of the damage. He arrived within 20 min.
The water dept responded also and shut the water off in the street. A neighbor confirmed
that he had observed this activity in Jan. (In fact two neighbors stopped over to talk to us
during this inspection). Two addition water dept employees joined us on site. Theywe
shown the basement and they reiterated that they had shut the water off in Jan. The r e
departed from the site shortly thereafter.
I called FPO Mike Grossman of COMM FD in order to have the FD notify Eversou
rce
shut the power off. Mike immediately dispatched an engine to the site as our inspectorso
noted that the power was still connected at the pole. Staff recommended the
disconnection due to the amount of water in the basement(approx 7' high) in addition to
the exposed power lines. Also of concern was the fact that the mechanical equipment and
electrical panel was currently under water. Upon arrival,COMM FD determined that the
gas meter was disconnected alleviating that worry..
Bob was released from the scene in order to continue with his scheduled inspections.
David and I waited for Eversource. Two neighbors had ventured over to discuss the
situation during our time there(one them had response.) confirmed the water department's Jan
David and I returned to the office once the cherry picker was extended and the technic'
had begun the disconnection process. ran
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ATTACHMENT #2
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Workers from Disaster Specialists,wearing protective clothing,clean out the condemned home on Cap'n'lacs Road Cashiers,Night Recovery,Overnight
in Centerville on Tuesday.Merrily CassidyiCape Cod Times Hyannis,MA,USA Cape Cod Times Classified
Ads
By Sam Mintz
smintz@capecodonline.com Director of Engineering
Brewster,Massachusetts Ocean Edge Resort
Posted Jul.28,2015 @ 7:40 pm &Club on Cape Cod
Cashier
Mashpee,MA,USA Cape Cod Times
CENTERVILLE—After months enduring the mess of a condemned home in their neighborhood, Classified Ads
residents of Cap'n Jac's Road started to get some relief Tuesday morning as a.cleanup crew began
emptying the home's contents.. Guest Service Representative
West Yarmouth,Massachusetts The Cove at
But as the cleanup began,at least one neighbor raised concerns about the odor coming from the Yarmouth
house.
. More Top Jobs
A"horrendous"smell emanated from the home as a disaster recovery team began cleaning out the
building,Michael Gorss said.
Gorss,who lives next door to the house,said that he and others had experienced headaches and
he was worried about the air quality as the condemned building was opened up to the outside.
He said that several calls to the Barnstable County Department of Health on Wednesday morning
went unretumed.Barnstable Public Health Director Thomas Mckean said on Tuesday that he was
not aware of any problems with the air quality,and that he and other officials had been in and out
of the house and had experienced no adverse health effects.
"I was expecting them to put a big tent around the house,and back in vehicles,like they usually do
with this kind of thing,"said Gorss. PRINT+ONLINE SUBSCRIBER ACTIVATION I REGISTER SUBSCRIBE
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Instead,he said,a truck pulled up around 9 a.m.and men wearing respirator masks began working
TOP HOMES
min the house and carrying out buckets.Their vehicle was labeled"Disaster Specialists:We make Pocasset,MA-$464,900-Large colonial
disasters disappear." offering 5 bedrooms 4 full bathrooms all set on
an acre lot.This home offers a versatile floor
Mckean said a representative from Elder Services had hired the contractor on behalf of the plan with lots good living space...
.............................................-......................................
homeowner. Falmouth,MA-$10-The 350 Building in
Homeport is a professional office space with
Two men sitting in the truck around 11:30 a.m.declined to comment on the situation at the home, handicap entrance,elevator,atrium and is
saying they had signed a nondisclosure agreement.
professionally maintained by onsite...
.....................................................................................
More Top Momes
"If they were wearing masks,we should probably have them on,too,"said Gorss."But are we
expected to go out and buy them ourselves?"
After what neighbors say was seven months of neglect by town officials,last week an exterminator
visited to deal with rats and a disaster recovery team started making plans for cleaning out the
interior.
fthe;�mmerGafieflmer� w '� "
Last week,Mckean described the interior of the building as a hoarding situation."It's not pleasant,"
he said."There's an odor and junk is piled everywhere." � � ITN
The homeowner,who is currently hospitalized,signed contracts with extermination and disaster .;
recovery teams on Thursday,said McKean.
While the cleanup was expected to take several days,Gorss said,he and other neighbors are glad .
progress.
` ' r
to see L
"We're thrilled that something is finally starting to move over there,"he said.
a, 1
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Barrows, Debi
From: Schlegel, Frank
Sent: Tuesday, September 27, 2011 4*02 PM
To: Barrows, Debi
Subject: RE: 75 Cap'n Jac's Rd
Hi Debi,
I checked my files and found there was a road name change by the Planning Board.after they endorsed the subdivision
plan. Unfortunately, they didn't record a diocument at the registry of deeds like l do when I change a road name.
So, on the plan of record, it shows Cap'n Lijah's as lots 9 & 10 are two separate parcels that were split by.a fire district line
and the original addresses were for Cap'n Lijah's. This was at time when building would issue building permits before the
plans got recorded! There is a note on my plan that states that during an Oct 19,1984, the Planning Board heard
objections from the abutters that they did not want this section of:Cap'n Lijah's connected to the old section of Cap'n
Lijah's. When this office (Mr. Robert Stone-aka STONEY).got notice from the Planning Board about the name change, he
had changed the addresses along with the road name. The lot numbers stayed as 9 & 10 that ended up as 4 parcels
because of the fire district line and new addresses for Cap'n Jac's Road. The breakdown.is as follows:.
MAP/PARCEL DEV.LOT HOUSE# ROAD NAME VILLAGE
194-071.T00 10 75 CAP'N JAC'S ROAD CEN
194-072.W00 10 75 CAP'N JAC'S ROAD W.BARN.
194-070.T00 9 65 CAP'N JAC'S ROAD CEN
194-070.W00 9 65 CAP'N JAC'S ROAD W.BARN.
Because the map/parcels were reused, the addresses where changed which they all read right in the roads database and
visions. The old addresses never made it into the computers in 1984 because the plan was mapped in November 1984
and the road name was changed prior in October. It just looks like word never made it to your office to update the records
like I do now. I'm sure there will be more of these: Back in the 1980's, land was being subdivided and re-subdivided faster
that the ink could dry! We kept our books pretty well updated in this office and communicated with Assessors on most
changes..It wasn't.until around 1995 that the town got fully computerized and all files started to get updated automatically.
Hope this helps!
Thanx;
Frank
-----Original Message-----
From: Barrows, Debi
Sent: Tuesday, September 27, 2011 12:17 PM
To: Schlegel, Frank
Subject: 75 Cap'n Jac's Rd
Hi Frank, Tom Perry was looking at the file for 75 Cap'n Jac's, somehow there are two new house permits in the
file. It looks like one had an old address as 507 Capt Lijahs (lot 9) &479 Capt Lijahs (lot 10). Justwondering if
you know the correct address?
Thanks
Debi
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Town of Barnstable Buildin
^-nr�.."',a �.: u- "TM a ?p"..v . g-
Post This Card So That it is Visible From"the Street Approved Plans Must be Retained on Job and;this Card Must be Kept
.e3a ` Posted Until ipal;lnspection Has,Been Made a; z s g uy �' A {4 Permit
Where a Certificate of.Occupancy is Required;such'Building shall Not tie Occupied;until-a;Fina)Inspection has been made :;'i
•...�.-�.� x
Permit No. B-17-1746 Applicant Name: BRAULIO BRITO Approvals
Date Issued: 06/05/2017 Current Use: Structure
Permit Type: Building-Siding/Windows/Roof/Doors Expiration Date: 12/05/2017 Foundation:
Location` 75 CAP'N JAC'S ROAD,CENTERVILLE Map/Lot. 194-071-T00 _ Zoning District: SPLIT Sheathing-
Owner on Record: CONLEY, MARY ELLEN Contractor Name:;, BRAULIO BRITO Framing: 1•
Address: 128 MAIN STREET Contractor License-'- CS410548 2
HYANNIS, MA 02601 ,,Est,.- Project Cost: $6,000.00 Chimney:
Description: re-roof stripping old shingles-robert childs,reside and replace 12 Permit Fee: $35.00
windows. 30 u-value Insulation:
'I Fee Pald:' $35.00
Project Review Req: Date ./ 6/5/2017
Final:
Plumbing/Gas
_ Rough Plumbing:
Building Official
Final Plumbing:
This permit shall be deemed abandoned and invalid unless the work authorized by this permit is commenced within six months aftee issuance.
All work authorized by this permit shall conform to the approved application and thesapproved construction documents'for which this permit has been granted. Rough Gas:
All construction,alterations and changes of use of any building and structuresshall be in compliance with the local zoning by-laws and codes.
This permit shall be displayed in a location clearly visible from access street or,road and shall be maintained open for public inspection for the entire duration of the Final Gas:
work until the completion of the same.
' Electricals
The Certificate of Occupancy will not be issued until all applicable signatures by the`Buildmg and,Fire Officials are'Orovided on this permit.
Minimum of Five Call Inspections Required for All Construction Work:3, r' Service:
1.Foundation or Footing {Y
2.Sheathing Inspection Rough:'
3.All fireplaces must be inspected at the throat level before firest flue lining is installed
4.Wiring&Plumbing Inspections to be completed prior to Frame Inspection Final:
5.Prior to Covering Structural Members(Frame Inspection)
Low Voltage Rough:
6.Insulation
7.Final Inspection before Occupancy
Low Voltage Final:
Where applicable,separate permits are required for Electrical,Plumbing,and Mechanical Installations. Health
Work shall not proceed until the Inspector has approved the various stages of construction.
Final:
"Persons contracting with unregistered contractors do not have access to the guaranty fund" (as set forth in MGL c.142A).
Building plans are to be available on site Fire Department
Final:
All Permit Cards are the property of the APPLICANT-ISSUED RECIPIENT
1Vi�ssage Page 1 of 2
Anderson, Robin
54 r 6
From: . Stanton, David Ckodt(✓`
Sent: Thursday, April 20, 2017 10:01 AM
To: Anderson, Robin
Subject: FW: 75 Cap'n Jac's
Wow, not sure if you received this or not...
-----Original Message-----
From: McKean,Thomas
Sent: Wednesday, April 19, 2017 11:52 AM
To: Heath DeptMa ilbox
Subject: FW: 75 Cap'n Jac's
h l Y d
F.Y.I. }
-Updated Inform J
F
ation Below _
Rr7
ag
From: Weil Ruth
r
Sent: Wednesday, April 19, 2017
r
To: McKean Thomas
Cc: Scali, Richard; Ells, Mark, Houc pt � �. ,
Subject: FW: 75 Cap'n Jac's
Dear Tom'
B06W'is the latest update on 75 Cap'n Jac's in case you get any inquiries. Best, Ruth
`Ri lb J. Neil
Town Attorney
From: Marshall, Lizabeth (AGO) [mailto:lizabeth.marshall(5)state.ma.usl
Sent: Wednesday, April 19, 2017 10:58 AM
To; Weil, Ruth
Subject: 75 Cap'n Jac's
Hi, Ruth,
I had a quick update on the Cap'n Jac's property. The parties were before the Court last week for a
receiver's report and the owner now has an attorney representing her. Everyone was in agreement that
sale of the property(as a demolition)was the best option.
On Tuesday, I got an email from Ms.Conley's lawyer stating that she had a potential buyer lined up. The
receiver is going to set up a time to meet the buyer at the property so he or she could get a better look,but
I`m hopeful that this means the end is in sight,and that soon the lot will be sold and the structure razed.
Please let me know if there is anything you need.
Thank you, ,
Liza`
Lizabeth Lagarto Marshall
Assistant Attorney General
;4/20/2017
T
f.��
r
N%psage Page 1 of:2
Anderson, Robin '
r 5 �
From: Stanton, David
Sent: Thursday, April 20, 2017 10:01 AM O' ✓�
To: Anderson, Robin
Subject: FW: 75 Cap'n Jac's
Wow, not sure if you received this or not..
-----Original Message----- k
From: McKean,Thomas
Sent: Wednesday, April 19, 2017 11:52 AM
To: Heath DeptMa il box
Subject: FW: 75 Cap'n Jac's
F.Y.I.
,Updated Information Below-
From: Weil, Ruth -
Sent: Wednesday, April 19, 2017 11:24 AM
To:..McKean,Thomas
Cc: Scali, Richard; Ells, Mark; Houghton, David; McLaughlin, Charles
Subject: FW: 75 Cap'n Jac's w "
Dear Tom:
13e10`iv.is the latest update on 75 Cap'n Jac's in case you get any inquiries.Best, Ruth z
T owri Attorney
From:.Marshall, Lizabeth (AGO) [mailto:lizabeth.marshalMstate.ma.us] _
Sent: Wednesday, April 19, 2017 10:58 AM '
To: Weil, Ruth
Subject: 75 Cap'n Jac's
Hi, Ruth,
I.had a quick update on the Cap'n Jac's property. The parties were before the Court last week for a
receiver's report and the owner now has an attorney representing.her. Everyone was in agreement that
sale of the property(as a demolition) was the best option.. .
Qn`Tuesday, I got an email from Ms.Conley's lawyer stating that she had a potential buyer lined up. The F
receiver is going to set up a time to meet the buyer at the property so he or she could get a better look,but`,
L m.h'opef(that this means the end is in sight,and that soon the lot will be sold and the structure razed.
Please`let me know if there is anything you need.
tThank^you, =x:
Liza -
Lizabeth Lagarto Marshall .
Assistant Attorney General
4720/2017
M;sage Page 2 of 2
Office of Attorney General Maura Healey
105 William Street
New Bedford, MA 02740
(5,08)742-4516 (phone)
(508) 990-8686 (fax)
44
4/20/2017
1
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NOTICE TO THE PARTIES DOCKET NUMBER, Trial Court of Massachusetts
1625CV00.0298 Q{ J�`
'District Court Department
cnsE NAME Attorney General.for the Commonwealth of Massachusetts.v, Mary Ellen Conley-,as
ATTORNEY(OR PRO SE PARTY)TO WHOM THI8'COPY OF NOTICE IS ISSUED COURT NAME&ADDRESS
Lizabeth Lagarto Marshall; Esq. Barnstable:DistrictCourt
Office of the Attorney General Main Street, Rt6A
105 William Street P.O. B.ox 427
New Bedford, MA 02740 Barnstable, MAI02630
TO THE PARTIES TO THIS CASE;
Attached please find the Proposed Order.signed by Judge LoGanto.on August 12, 2016.
.F
OFFICE ur i rit M]"ORNEY GENERAL:
' SOUTHEASTERN MASS.OFFICE
R
DATE ISSUED CLERK-MAGISTRAT.EIASST.CLERK
August 12,2016 Charles J Ardto,III'
' 015 www.mass.9OV Courts. Daterrime Printed: 08-12-2016 1638:24
. a
i
COMMONWEALTH OF MASSACHUSETT,S
BARNSTABLE :ss. TRIAL COURT
DISTRICT COURT DEPARTMENT
BARNSTABLE DIVISION
I
CIVIL ACTION NO 2016
ATTORNEY GENERAL FORTHE
COMMONWEALTH OF MASSACHUSETTS,
Petitioner,. ),
MARY ELLEN CONLEY,ag-owner of the
property located,at 75 Cap'n Ja0s,,Road, )
Centerville,.Massachusetts;CAPE COD
COOPERATIVE.BANK,as mortgagee and party, ) °
with an. nterest in property located at 75 )' ,
Cap'n Jac's Road,Centerville,Massachusetts;
and DISCOVER BANK,as party with an interest
in the property located at 75 Cap'n Jac's Road, )
Centerville,Massachusetts, )
Respondents: ) .
PROPOSED ORDER ON THE PETITION TO ENFORCE THE
STATE SANITARY CODE AND FOR APPOINTMENT•OF A RECEIVER
1. - Introduction: Pursuant to G.L. c. 111, §12-71 and the ;general equity powers of this
Court, following a hearing on /2 241'6, with respect to the
violations of the State .Sanitary Code, 05 CMR 410 et seq. ('Code') at the Properly` ;
.
located at 75 Cap'n Jac's Road, Centerville,Massachusetts ("the Property".), the Court:
finds that unless a receiver is appointed, these violations will not be promptly reinedied,
and.that.sizch appointrneiit is•in the best.interest of the Property and of the;.public.
2. Panties: °The petitioner in this action, the:Attorney General.for'the Commonwealth,of
Massachusetts, is a,public official under the constitution and laws of the Commonwealth.
of Massachusetts.. The respondents are the-,owner of record, Mary Ellen Conley,. and
parties with interest in the,property,Cape Cod Cooperative Bank 'and Discover Bank.
3. Procedural. Posture: The ;Property is an abandoned and 'unsecured single-family
dwelling Which fails to meet,the minimum standards•of decency'for human habitation.
By letter.dated January 2.01-1 2016:, sent to the respondents via first Blass.mail and certified
c
Charles.J.Ardlq
mail, return receipt requested, the above-referenced violations were brought to the
attention of respondents; who were also notified of the petitioner's intention to seek
enforcement of the Code and that it may petition the Court for appointment of a receiver.
To date, the respondents :have failed to undertake or are not capable of undertaking the
repairs required to`bring the Property into compliance with the Code.
I
On s Zvi t. 2016, the petitioner filed this action, seeking the.
:enfbrdVmeni of the Code and the, a ontrn tof.
ppi
., en _ McGinney &,.,..Porter.; LLC,1 Tower
Road,:Ply Louth,'MA 02360, as receiver of the'Prop erty':
On 2-3 -2 0/tom, 2016,the petitioner provided Mary Ellen Conley.with notice
of th hearing on the Petition by posting,at the Property and by publishing the-notice.of
hearing in The Cape Cod'Trmes:
On 2016, the petitioner provided Cape Cod Cooperative Bank
y4-and Discover Bank with notice,of the hearing on the Petition by service in hand.
On <', 1 2 o,,1, 2016, following a hearing on the merits the Court anted
�- --, g g granted
the Petition which:included the Petitioner's request:to appoint McGinney&Porter, LLC
1 Tower Road,Plymouth,MA 02360,as receiver,of the Property.
4. Description and Condition. of.,th"e. Premises':. " The.Property is:.an unoccupied.single
family dwelling which has been left 'vacant" and, abandoned, and.;bas numerous king-
standing Code violations which pose:a serious"risk to the health, safety, and`well-being of
abutters and residents of the community, :and render .the Property unfit for human,
habitation. The defective conditions in the Property which have.recently existed and/or,
continue to exist include, but are not limited to: egress obstruction, presence of debris
and trash throughout the property,rotted fascia'boards and sills, and no running water.
The present abandoned state of the Property.creates a high risk of vandalism, trespass,
fire damage; and personal injury to abutters and residents of the community. As-the
Property continues.to deteriorate and create greater risks'Ito the general_public; there is,
also a significant risk that it will be destroyed beyond.repair without the intervention of
this court:,
THEREFORE, following a hearrig'held on, U 2 Zvi ,,2016;the Court hereby
orders as follows:
5. Receiver: McGiriney & Porter; LLC, 1 Tower Roq&Plymouth -MA 02360 is.hereby
appointed receiver of the Property ("the Receiver"). This appointment is effective upon
the signing of this Order, and will last'240 days, subject .tO,:extension granted by the
Court upon.a showing of good cause by the Receiver or other party with an interest in
these.proceedings.°_,:
6. AathorityWand:Duties-ofReceiv&1;-The authority:and duties,of the Receivershall be as
folaows: - .'
E C ,ATTEST:
CLERK
a) Promptly repair the.Property and;mainta'in'it in a.safe and healthful.condition..
b) Employ companies,.persons, or agents to perform its duties Hereunder.
c) Deposit all amounts received on account. of the Property into a separate account
under the control of the Receiver..
d) Disburse funds. received by the Receiver on,account of the Property as follows„ in
the following order of priority:
i. First, to Teirriburse the Receiver, for its actual 'out-of-pocket expenses
incurred in its capacity as Receiver, including without limitation its
reasonable_ legal fees, its allocable overhead and labor costs, its cost of
incorporation, its,c'osts-of,negotiation of the terms of this receivership, and
costs of liability;
ii. Then, to make repairs to conditions.which vi6late the State Sanitary, fire
safety, electrical, and building codes or ordinances;
ili. Next, to malce payments, to the extent possible,,towards any unpaid.taxes,,
assessments;penalties,or interest;
;iv. Finally,. to make payments; to the extent possible, to any, payments'due
any mortgagee or lien holder of record.
e) The Receiver shall file with the Court and serve upon all parties within 6.0 days of
the effective date of this Receivership a detailed line-item budget for the necessary
repairs,which shall be based upon the Receiver's full inspection of the Property.
f): The Receiver shall file with the Court and serve upon all parties within 60 days of
the effective date' of this ,Receivership;: a report setting forth all expenses and
disbursements of the Receivership; with attached receipts; and an accounting of all
Rinds received by the Receiver during the period covered by such report.
g) After the filing of the initial report described in subsection(f), the Receiver shall file
with the Court and serve upon all parties every-eight -Weeks thereafter, an updated
.report setting forth..all expenses and disbursements of the Receivership, with -
attached receipts, and. an.accounting of all such receipts.- If the Property becomes
occupied in the future; the report shall also include a,list of all-tenantsresid'ing at the,
Property;together with a list of current rental amounts and the status rental payments
'to date, The Receiver'shall serve upon the respondents;in a tiinely mariner and`to 8a
address provided by the respondents ,appearing in Court, copies of all reports,
notices; and other documents which are required of the Receiver under the terms=of
this Order. If the respondents.fail to appear or otherwise fail to provide an address
for.service,then the Receiver shall be obliged only to:file:that report with the Court.
h) The Receiver;may rent the vacant Property when it is in current compliance with the
State Sanitary.Code. A policy regarding the first month's,rent, last month's rent,and ,
security deposit for new tenancies shall be'left to the.discretion of the.Receiver.
i) Should the Property become occupied, the Receiver may collect and 'receive all
rental revenues .due from.tenants or occupants of the Property as an agent of the
Court on or'after the:first rental period following the effective date of this Order. It
shall be the responsibility of the Receiver under this paragraph to account for all
receipts according to the standards set forth in subparagraph.6(f)`.
7. Bond: The Receiver shall. not be,required to furnish bond or. surety, but shall provide
proof of suitable liability insurance to-be approved by the Court:`
°'"m"" 1TESTc"e`�`
OSLJ
,• 1
8: Claims against Receiver: Ekeept.as provide d`-in Paragraph.9 of this Order, any residents
or occupants of the Property, whether past or future; may not seek..money damages.from
any funds administered by the Receiver. All residents°or occupants of the Property retain
any and all rights under statutes or corn.mon law'to:proceed-against the respondents, or
any other,appropriate party, other'than the Receiver,and/or their agents or employees for
money or other damages for claims arising' out of the occupancy of the 'Property,
including any damages tha"t may be incurred or clairis that inay.arise while the Property
is under the receivership, to the extent provided'by law:
9. Liability and.Agency; As.set.forth in G.L. c.111L §1271, liability of the Receiver,shah
be limited,tothe assets and,incorhe of the receivership;:including proceeds of insurance
purchased by the Receiver in capacity as receiver: The Receiver shall in no instance be
personally liable for`actions or inactions within the scope of the Receiver's capacity as
receiver. No suit shall be brought against the Receiver except as approved by the Court.
10. Right to Resin: The Receiver shall have the right to resign at any time'by giving seven.
days written notice to the'Court and to the parties.. The Receiver's notice of resignation
shall 'include an accounting of all funds received and disbursed during its term as
Receiver and; if the Property is occupied; a copy of any rent roll and rental history the
Receiver has compiled. Such resignation shall be-effective on the'date specified in such
notice,,provided that the Court may require the Receiver to take such actions after the
date specified if the Court determines that such actions are required to protect the health.
or safety of any occupants and that the Receiver;has the capacity to perform such
functions consistent with the. teims of this Order. Unless otherwise ordered, on the
effective date of such resignation;the Receiver:shall assign any,and all amounts received_
pursuant to the receivership to the Court or to a.successor .receiver..
11. Priority Liens and Mortiyig : As set forth in;G.L. c,-- 111,;§127I,the Receiver shall
have alien, effective when'recorded in the registry for which the Property is located,with
.priority over,all other liens.or mortgages except;municipal liens,to secure'payment-of
any costs incurred and repaymeht of.any loans for repairs; operation,maintenance or
management of the Property. T'e'Receiver's lien may be assigned to lenders for the
purpose,of securing loans for repair; operation,maintenance;.or management of the
Property:,
12. Nofiqtoi Creditors: T.he petitioner shall send a copy of this.Order to all`mortgages and;
lien holders. of record, 'if Any, 'a:.list of which is to be provided,to the petitioner by the
respondents..
13. Sale of the Property: The Property.shall not be .sold, encumbered, or placed under
contract for sale without the prior leave of the Court
14. Duties .of the Respondents: Within 48 hours of the signing of''this Order, the .
respondents.shall transfer to the Receiver the right to obtain all keys•to the apartments .
and.commonareas of the premises and:its rent.roll for all apartments at the Property.. The
Gh
arles J.Ard'Itarrll9PK
respondents shall provide the Receiver with reasonable advance notice prior to entering
any part of the Property. Within seven days of the signing of this Order,the respondents
shall provide to the Receiver,copies of all documents necessary to manage.and:maintain
thec property and shall provide the following information;
a) Mortgages and Liens! the name and address of.all mortgages and lien holders of
record, the amount of the liens or mortgages..
b) Insurance: the name, address, and telephone number of all insurance companies and
their agents providing insurance coverage for the Property; the amount and type of
coverage;the amount and due dates of premiums:
c) Utilities: the amount of the most recent water, sewer, gas, and electric bills,the
amount of any outstanding balance; and the dates and amounts of the last payment.
d) Read Estate Tax: the amount of the most recent real estate tax bill; the.amount of'any
Outstanding,balance;the date and amount of the,last payment.
e) Contracts: copies of all warranties for prior work done, service:contracts for ongoing
maintenance (e.g.,for extermination)and all contracts or bids for repairs.
f) Other: all information relevant to any outstanding expenses relating to the Property.
15. Further Court Order: The petitioner;the respondents, the Receiver, and other
interested parties shall have"the right to request from the Court,by motion and with
advance notice, further orders consistent with G.L.,c. 111, §127I, common law, or the
terms of this Order. In the event of emergencies, service of motions to parties on this
action by facsimile transmission shall be acceptable.
16. Review by Court: The foregoing Order shall remain in effect for 240-.days. The
Receiver and all other affected parties shall report on the Receiver's progress to the Court
on April 7; 2017 at 10 o'clock a.m x'
17. Effective Date: This Receivership shall take effect on 41 z "7-6
So.entered on this ZW� ` 0-,o- 44-v 2016..
K
Charles J.Ardlto, K
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The Barnstable Patriot- Centerville home deemed uninhabitable Page 2 of 2
z�
Rescue personnel gain entry to the home at 75 Cap'n Jac's Road after a relative called with ; Community Counts:
concerns about the elderly owner.Authorities found hoarding conditions and took the woman to Cape Water,water! j
Cod Hospital for evaluation and treatment. Everywhere?
A home on Cap'n Jac's Road in Centerville was deemed uninhabitable Monday by town officials after a
well-being check on the elderly owner revealed a house that was loaded with trash piled 5 feet high. -- — _
Police responded to the home at 75 Cap'n Jac's Road at about 7 p.m.for a well-being check,after a
relative of the owner called concerned about her safety,said Barnstable police Sgt.Michael Riley on Tuesday.
Riley said that Centerville-Osterville-Marstons Mills Fire Department personnel also attended the well-
being check,and because of what they saw,they had the owner brought.to Cape Cod Hospital for evaluation and j
treatment.They also called the town's health division after seeing the deteriorated condition of the residence.
The home was littered with waste,said Thomas McKean,director of the health division,in a statement to
the Patriot. E
"It was full of debris piled up about 5 feet tall,with paper,cardboard,empty tin cans and other debris,"
McKean said.
He said a formal letter deeming the home uninhabitable was mailed Tuesday to the patient and hand-
delivered to Cape Cod Hospital.
The entries and egresses were blocked with trash,and the front door—once rescuers gained access—
could only be opened about 2 feet.
i The interior was also loaded with spider webs and fecal waste,said McKean.Parts of the exterior of the
i�e Were rotted,he said.
,4 The town animal control officer,Charlie Lewis,was also called to the home to see to the well-being of the l
woman's cat,said Riley. f
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http://www.barnstablepatriot.com/home2/index.php?option=com_content&task=view&id=... 7/29/2015
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CENTERVILLE
Cleanup
begins at' ,a
shuttered
house
Neighbor worries
'horrendous' odor
may affect air quality
By Sam Mintz -.
smintz@capecodonline.com
CENTERVILLE — After
��Os
months enduring the mess of �� �
a condemned home in their
neighborhood, residents of �3= ,.
Cap'n jac's Road started to get Z:
some relief Tuesday morning as
a cleanup crew began emptying
the home's contents. I `'
But as the cleanup began,at x �
least one neighbor raised con- `F
cerns about the odor coming
from the house.
A"horrendous"smell ema-
nated. from the home as ay � � { i.
disaster recovery team began. �t�ti
cleaning out the building
L.
Michael Gorss said. li a 2 �a
Gorss,who lives next door
to the house,said that he ands
others had experienced head-
aches and he was worried about zJ
the air quality as the con-
demnedbuilding was opened
up to the outside.
He said that several calls to
.the Barnstable County Depart-
ment of Health on Wednesday
morning went unreturned. " �
3z
Barnstable Public Health
Director Thomas Mckean said By Barry Wilner I The Associated Press
on Tuesday:that he,.was not
aware of.any problems with EW YORK—The commissioner pointed to coizcealed'evidence The team°de'
the air quality, and that he it as a;folly.And the'``agent'added sham to the lexicon`of Deflate -atd"Then`the'
and'other officials had been in =µ
and out of the house.and had. Nunion said it`would'take it all to court.,, om Brady s four game suspension for'
experienced no adverse health using underiilflated footballs during the AFC championship game kwas-,upheld Tuesday
effects. Commissioner Roger Goodell: Goodell said the New England quarterback told an assis
t
SEE CLEANUP, Aa Brady's cellphone on or just before March 6. Brady met'with independe nt investigator.
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Workers from Disaster Specialists,wearing protective clothing,clean out the condemned home on Cap'n'Jacs Road in Centerville on Tuesday. item
MERRILY CASSIDY/CAPE COD TIMES pan
G mad
"� } vehicle was labeled"Disaster on,too,"said Gorss. "But are an odor and junk is .piled Rem
CLEANUP Specialists:We make disasters we expected to go out and buy everywhere." cast
From Page Al disappear." them ourselves?" The homeowner, who is BSce
pt
Mckean said a representative' After what neighbors say currently hospitalized,signed
"I was expecting them to put from Elder Services had hired was seven months of neglect contracts with extermination
a big tent around the house, the contractor on behalf of the by town officials,last week an and disaster recovery teams on
and back in vehicles,like they. homeowner. exterminator visited to deal Thursday,said McKean..
usually do with this kind of Two men sitting n the truck with rats and a disaster recov- While the cleanup was
HA
thing,"said.Gorss. around 11:3o a.m.declined to ery team started making plans expected to take several days,. From
Instead, he said, a truck comment on the situation at the for cleaning out the interior. Gorss said,he and other neigh-
pulled up around q a.m. and home,saying they had signed a Last week,Mckean described bors are glad to see progress. shBui
ou
a" men wearing respirator masks nondisclosure agreement. the interior of the building as "We're thrilled that some-
began working in the house and "If they were wearing masks, a hoarding situation."It's not thing is finally starting to move filed
carrying out buckets. Their we should probably have them pleasant," he said. "There's over there,"he said. and
ciati
plan
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w ' :Responses t0 NFL manager of British Beer Com- ` thing and they're just trying "I hope Tom Brady and the T h
`* ruling include apathy, pany, said he tries to steer to make an example of a good players'association...union tribe
conversations at the bar away football team,"she said. I guess ...I hope they sue the Bout
disgust and approval from controversial topics like While locals were eager to NFL to try to get it reduced,` Vine
religion or politics and patrons share strong sentiments on the Tow said. Aqui
By Haven Orecchio-Egresitz generally end up talking about subject,other people walking His friend, however, was 300
.horecchio@capecodonline.com sports. on Main Street expressed a .less concerned about the islan
"Locals are upset and people variety of feelings about Tues- suspension. Th
HYANNIS-SnceNational who aren't Patriots fans and day's announcement,ranging "I'm a Spartan so I could cent
' Football League C ommissioner tourists, or visiting fans of from a apathy toa approval. ti e
P y pp give two craps about Brady," y
:Roger. Goodell in May sus- other teams, are not quite as Two men leaving a restau- said Aaron Tanner,aMichigan Perm
pended.Patriots,quarterback upset," Otto said Tuesday as rant just after 5 P.M.said that State University alumni. prop
+f', °Tom;Brady for.four games in the bar prepared for its weekly the news about Goodell's deci- Hyannis-native James for el
f'resYponse to the4Deflategate, trivia night. sion was playing onatelevision Cabral was among the few and
tfoversy, FGapex'Cod's., "No one was there when the inside,but because they were locals who isn't siding with the
the t
Patriots fans have been almost' report was filed,we don't know only visiting Cape Cod from Patriots: Th
�.: united in their seething disdain. .what it actually says.We don't Ireland,they had no opinion "I think Tom Brady's sus- anno
for the move. know how they did the inves- on the controversy. pension was justified," the move
But on Tuesday, as both tigation behind it.I think it's David Tow, of Falmouth, 27-year-old said. "He broke gami
locals and out-of-towners ridiculous though." was out shopping with friends the rules and he needs to be on t
filled Main Street in Hyan- Jessica Neal,awaitress at the who were visiting from Chel- suspended." admi
nis, reactions to Goodell's bar, was similarly perturbed sea, Michigan, which is less cials i
announcement to uphold his withGoddell's decision. than a half-hour drive from the -Follow Haven Orecchio- acco
earlier decision were mixed. "I think that a lot of people University of Michigan,where Egresitz on Twitter:@ sent t
Michael Otto, the general in the league do the same exact Brady went to college. HavenCCT the A
Gami
of the
BRADYcellphone before he had it "The NFL resorted to a findings and conclusions have In:
destroved. the anneal dAci- nah„in„c'ctnn,iarrl of [an„- „_+,.1,,.,.—A ,-—._...___-�L_.. cnrnr
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Message Page 1 of 2
Anderson, Robin
From: Stanton, David
Sent: Tuesday, August 16, 2016 9:05 AM
To: McKean, Thomas
Cc: Anderson, Robin; Roma, Paul
Subject: FW: 75 Cap'n Jacs
-----Original Message-----
From: Marshall, Lizabeth (AGO) [mai Ito:lizabeth.marshaII@state.ma.us]
Sent: Tuesday, August 16, 2016 8:57 AM
To: Stanton, David; Weil, Ruth
Subject: RE: 75 Cap'n Jacs
Hi, David and Ruth,
I'm sorry for the delay. I did get a call from the clerk's office at thee nd of the day on Friday, and the
receivership was allowed. I was,hoping to have the endorsed order to send to you yesterday, but it didn't arrive
in the mail.
The receivers will file the order in the Registry of Deeds and then will begin cleaning up the exterior of the
property. I expect that they will reach out to you and to the building department for opinions regarding
whether the structure can be repaired and what the specific violations to correct are at the property.,
Thank you again for coming on Friday and being available to testify, David. I'll send the order out as soon as I
receive it-hopefully today!
If you have any questions, please don't hesitate to contact me. +;
Thanks,
Liza
From: Stanton, David [ma i Ito:David:Stanton@town.barnstable.ma.us] -
Sent: Tuesday,August 16, 2016 8:31 AM
To: Marshall, Lizabeth (AGO); Weil, Ruth
Subject: RE: 75 Cap'n Jacs j
Good morning Liza,
I am curious if the Judge made a decision on Friday 8/12/16 for 75 Cap'n Jacs, Centerville, the property possibly
going into receivership. I know he said witnesses were no.longer needed after hearing the case and that he
would take a look at the case during a recess probably that day.
Thanks,
David
-----Original Message----- .
From: Marshall, Lizabeth (AGO) [mai[to:lizabeth.marshall@state.ma.us]
Sent: Thursday, August 11, 2016 11:04 AM
To: Weil, Ruth y
Cc: Stanton, David
Subject: RE: 75 Cap'n Jacs
8/16/2016
Message Page 2 of 2
David, it would be great if you could be present to testify in the event the court wishes to hear about the
violations, if you're able to do so.
The hearing is tomorrow,8/12, at 10 o'clock at the Barnstable District Court.
Please let me know if you have any questions. I am in court this afternoon, but should be back after 3:30,
if you want to give me a call to discuss in more detail: 508-742-4516.
Thank you!.
Liza
From: Weil, Ruth [mailto:Ruth.Weil@town.barnstable.ma.us]
Sent: Thursday, August 11, 2016 10:59 AM
To: Marshall, Lizabeth (AGO)
Cc: Stanton, David
Subject: FW: 75 Cap'n Jacs
Dear Lizabeth:We had previously spoken about having a representative of the Board of Health present
tomorrow. Please advise.Thank you. Best,Ruth
Ruth J. Weil
Town Attorney
Town of Barnstable
367 Main Street
Hyannis,MA 02601
508-8624620 (telephone)'
508-8624724 (fax)
The information contained in this electronic transmission ("e-mail"),.including any attachment (the
"Information"),may be confidential or otherwise exempt from disclosure:It is for the addressee only.
This Information may be privileged and confidential attorney work-product or a privileged and
confidential attorney-client communication.The Information may also be deliberative and pre-
decisional in nature. As such,it is for internal use only. The Information may not be disclosed
without the prior written consent of the Town Attorney's Office of the Town of Barnstable. If you
have received this e-mail by mistake,please notify the sender and delete it from your system. Please
do not copy or forward it. Thank you..for your cooperation.
From: Stanton, David
Sent: Thursday, August 11, 2016 9:50 AM
To: Weil, Ruth
Subject: 75 Cap'n Lacs
Good morning Ruth;
Tom McKean is on vacation this week and I cover in his absence. He had mentioned something a while
back about a possible court hearing for 75 Cap'n Jacs (working on going into receivership)tomorrow.
Does anyone from the Health Division need to be present at this hearing? If so, which court and what time.
Thanks,
Dave
8/16/2016
Town of Barnstable
Regulatory Services
�a Richard V. Scali,Director
BARNSr" . 1 Building Division BARNSTABLE
MASS anansueu•errteamlu•mnrt•Yu»a
ra+;?cws Maus•wnawue•nu.vxrsaeu
163 Paul K. Roma 1639_2014
9. `�
ptEDN1�A Building Commissioner
200 Main Street, Hyannis, MA 02601
www.town.barnstable.maxs
Office: 508-862-4038 Fax: 508-790-6230.
July 11, 2016
Ms. Mary Ellen Conley
75 Cap'n Jac's Road
Centerville, Ma 02632
Re: 75 Cap'n Jac's Rd.
Dear Ms. Conley,
In response to a complaint, a site visit was made to the above referenced address.
A number of hazardous issues were observed including an open door, black mold, a collapsing roof,
and standing water in the basement.
Please be advised that these conditions are unsafe and dangerous and according to CMR 780 Section
R115.1 of the IRC with MA amendments (the Building Code)this structure must be made secure '
immediately upon receipt of this letter. Failure to do so may result in further action by this office at
your expense. .
If you have any questions,do not hesitate to contact this office.
Sincerely,
Paul Roma
Building Commissioner
1 e T
Roma, Paul
From: Stanton, David
Sent: Tuesday,July 19, 2016 4:15 PM
To: Anderson, Robin; Roma, Paul
Subject: FW: 75 Cap'n Jac's- UPDATES
-----Original Message-----
From: McKean, Thomas
Sent: Tuesday, July 19, 2016 4:14 PM
To: Stanton, David
Cc.: Paul Canniff(canniff.paul@gmail.com) F
Subject: FW: 75 Cap'n Jac's- UPDATES
From: Marshall, Lizabeth (AGO) [mailto:lizabeth.marshall@state.ma.us]
Sent: Tuesday, July 19, 2016 4:09 PM
To: Weil, Ruth
Cc: Ells, Mark; Scali, Richard; McKean,Thomas
Subject: RE: 75 Cap'n Jac's- UPDATES
Good afternoon, everyone,
An update on 75 Cap'n Jac's—the Barnstable District Court allowed the motions for service of process today.
The case is set for hearing on the Motion to Enforce the State Sanitary Code and for the Appointment of a Receiver on
August 12, 2016 at 10 am at Barnstable District Court.
I let the neighbors know the date and time of the hearing, since I know they have been concerned. Also,the court may
want to hear from the town's inspectors, so if it is at all possible for them to attend, that would be wonderful.
In the interim, if there is anything you need, please do not hesitate to reach out to me either by email or at my direct
line: 508-742-4516.
Thank you,
Liza
From: Well, Ruth [mai Ito:Ruth.Weil@town.barnstable.ma.us]
Sent: Monday, July 18, 2016 4:53 PM
To: Marshall, Lizabeth (AGO)
Cc: Ells, Mark; Scali, Richard; McKean,Thomas
Subject: RE: 75 Cap'n Jac's- UPDATES
Thanks, Lizabeth. I look forward in hearing back from you. Regards, Ruth k
R,Yth J. Veil
Town Attorney
':l:'own of Barristabl.e
367 Main Street
Hyanius, 'LA 02601
• 1
Al
.508-8624620 (tel%hone)
508-8624724 (fax)
T'he information contained in this electronic transmission ("e-mail"),including;any a,ttach.men.t (the "Information"),
may be confidential or otherwise exempt from disclosure. It is for the addressee only.This Information may be
privileged and confidential attorney work-product or a privileged and confidential attorney-client communication.
The Information may also be deliberative and pre-decisional in nature. As such,it is for internal use only. The
Information may not be disclosed without the prior written consent of the'Town At.torney's Office of the Town of
Barnstable. If you have received this e-mail by mistake,please notify the sender and delete it.from your system.
Please do.not.copy or forward it. Thank you for your cooperation.
From: Marshall, Lizabeth (AGO)[mailto:lizabeth.marshall@state.ma.us]
Sent: Monday, July 18, 2016 4:07 PM
To: Weil, Ruth
Subject: RE: 75 Cap'n Jac's- UPDATES
Hi, Ruth,
I was able to move the motion hearing on service of process to 10am tomorrow. Provided the court allows the alternate
service, I'll then head to the property to post it.
I'll give you an update either way.
Thanks,
Liza ,
From: Marshall, Lizabeth (AGO)
Sent: Tuesday, July 12, 2016 12:15 PM
To: 'Weil, Ruth'
Subject: 75 Cap'n Jac's- UPDATES
Hi, Ruth,
I apologize for the delay. I tried to send the petition, but it was too large for email. I am sending it via Interchange
instead.
I have asked the Court to hear the motions for alternative service of the summons and complaint on 7/22 at 10 a.m. If
the motions are allowed, I plan to head from there to the property to post the notice. I've asked for notice by
publication and posting since I can't find the owner.
Frank Rogan and Brian Soares,the proposed receivers, were going to take a ride by to get a sense of what the
exterior/yard work would be, so that they could hit the ground running when and if they are appointed. I suspect that
just cutting back the overgrowth and maintaining the lawn will make a big difference in the property's impact on the
neighbors.
If there is anything you need, please do not hesitate to contact me.
Thank you,
Liza
From: Weil, Ruth [mailto:Ruth.Weil(c)town.barnstable.ma.us] .
Sent: Friday, July 08, 2016 5:27 PM
To: Marshall, Lizabeth (AGO) r
Subject: FW: 75 Cap'n Jac's- UPDATES
Dear Lizabeth: t
I hope things are going well at your end.
Bellow please find a series of a-mails relating to recent Town actions relating to the 75 Cap'n Jac's property. When you
have a moment,can you please forward to me a copy of the Complaint for Appointment of a Receiver.
Have a great weekend. Best, Ruth
1Zuth J. l leil
'I'own Attorney
Town of Barnstable
367 .Main Street
Hyannis, MA 02601
�08 b'52 4620 (tclepho�lc)
308 8 52 4724 (fax)
The information contained in this electronic transmission ("e-mail"),including any attachment (the "Information'),
may be confidential or otherwise exempt from disclosure. It is for the addressee only. This Information may be
privileged and confidential attorney work-product or a privileged and confidential attorney-client communication.
The Information may also be deliberative and pre-decisional in nature. As such,it is for internal use only. 'The
Information.may not be disclosed without the prior written consent of the Town.Attorney's Office of the Town of
-Barnstable. If you have received this e-mail by mistake,please notify the sender and delete it from your system.
Please do not copy or forward it. Thank you for your. cooperation.
From: McKean,Thomas
Sent: Friday, July 8, 2016 3:14 PM
To: 'Paul Canniff; Scali, Richard; Weil, Ruth
Subject: RE: 75 Cap'n Jac's- UPDATES -
UPDATES
A. Jim Fowler called me back this afternoon.;He went to the overgrown' property identified as 75 Cap'n Jacs
Road. The rats do not have a food source from this property any longer; all of the food sources were removed
from the property last year and the premises was treated for rodents by his company: Fowler and Sons. No
additional treatment is needed at this time. (NOTE: If the neighbors continue to have bird feeders,the rats will
continue to go to their properties.)
B. Mr'. Roma informed me that the property is deemed unsafe and he will order the owner to board it up.
C. I called Jacqueline Easter today. She said the new social worker that took over for her does not know where the
owner is at this time.
From: McKean, Thomas
Sent: Tuesday, July 05, 2016 4:46 PM
To: Paul Canniff, Scali, Richard
Subject: 75 Cap'n Jac's- UPDATES
A) I called Fowler and Sons Extermination Company this morning. They were previously under
contract to conduct rodent extermination work at this property. I asked them to go out there again this
week. They will conduct the work this Thursday.
B) I.contacted the owner's social worker Jacqueline Easter this morning. She stated she does not.know
where the owner is at this time. She will call me back when she finds out.As of 4:45 this'aftemoon, I
3
have not heard back from her.
C) I spoke to Town Attorney Ruth Weil this afternoon to inquire about seeking permission to enter the
property to investigate the water in the basement. I was informed that the health agent cannot enter the
property without a search warrant- and only if an imminent public health hazard to the neighbors or
general public is identified.
D) This afternoon I telephoned the C-O-MM Water Department to inquire about pumping the water
from the basement. The Superintendent, Craig, was not available. I left him a message to call me back.
E I spoke with the Building Commissioner Paul Roma to inquire about safety at this site. He informed
p g q Y
me if the structure is determined to be unsafe, the owner dwelling will be ordered to board it up and
fence it in.
.
�k A
♦. !.;3 .nY Vim" -,�k -^�".
.,...W............'Ze..S `3 5 "r 4
d y5 -gdrrW rw. 5 "Y . ....................,..
From: McKean,Thomas
Sent: Tuesday, July 05, 2 J R . .., s
To: Paul Canniff
Subject: Re: 75r Cap n Ji Ix - '71
s
f :
`_'
Richard and I talked abc 4 _ rt ,M y yr`• order a bulldozer for an
unsafe structure; howe $ M< n s inside. The owner
12,
g
wanted to fix the housE
Sincerely,
p i
�T.McKean ,. .x. ,,, ., � „
From: Paul Canniff
nv-
Sent: Tuesday, July 5, 20
To: McKean, Thomasg
Subject: Re: 75r Cap'n J,w w
Ok. How can the town ,.
vi
On Tuesday, July 5, 2016, McKean, Thomas<Thomas.McKean@town.bamstable.ma.us>wrote:
Yes it was condemned on Dec 27th more than a year ago.
From: Paul Canniff
Sent: Tuesday, July 5, 2016 12:57 PM
To: McKean, Thomas
Cc: Weil, Ruth
Subject: Re: 75r Cap'n Jac's
Can the property be condemned?
On Tuesday, July 5, 2016, McKean, Thomas <Thomas.McKeanga,town.barnstable.ma.us> wrote:
I contacted her social worker Jacqueline Easter, who does not know where
the owner is at this time. She will call me back when she finds out.
I also called Fowler and Sons Extermination Company this morning. They
4
IVL
have not heard back from her.
C) I spoke to Town Attorney Ruth Weil this afternoon to inquire about seeking permission to enter the
property to investigate the water in the basement. I was informed that the health agent cannot enter the
property without a search warrant- and only if an imminent public health hazard to the neighbors or
general public is identified.
D) This afternoon I telephoned the C-O-MM Water Department to inquire about pumping the water
from the basement. The Superintendent, Craig, was not available..I left him a message to call me back.
E) I spoke with the Building Commissioner, Paul Roma,to inquire about safety at this site. He informed
me if the structure is determined to be unsafe, the owner dwelling will be ordered to board it up and
fence it in.
From: McKean, Thomas
Sent: Tuesday, July 05, 2016 1:11 PM
To: Paul Canniff
Subject: Re: 75r Cap'n Jac's
Richard and-I talked aboutthat as well. Paul Roma, Building Commissioner, could order a bulldozer for an
unsafe structure; however there is a new television set and other personal belongings inside. The owner
wanted to fix the house and move back in.-
Sincerely,
T.McKean
......
......
From: Paul Canniff
Sent: Tuesday, July 5, 2016 1:02 PM
To: McKean, Thomas
Subject: Re: 75r Cap'n Jac's
R
Ok. How can the town get the building razed ? Or can it be done ?
On Tuesday, July 5, 2016, McKean, Thomas <Thomas.McKeanna,town.bamstabl.e.ma.us>wrote:
Yes it was condemned on Dec 27th more`than a year ago.
From: Paul Canniff
Sent: Tuesday, July 5, 2016 12:57 PM
To: McKean, Thomas
Cc: Weil, Ruth
Subject: Re: 75r Cap'n Jac's
Can the property be condemned ?
On Tuesday, July 5, 2016, McKean, Thomas<Thomas.McKeangtown.bamstabi.e.ma.us> wrote:
I contacted her social worker Jacqueline Easter, who does not know where
the owner is at this time. She will call me back when she finds out. s
I also called Fowler and Sons Extermination Company this morning. They
4
were previously under contract with us and with`the owner to conduct
rodent extermination work at this property. I asked them to go out ;
there again this week. They will conduct the work this Thursday.
http://www.fowlerandsonsinc.com/
-----Original Message-----
From: cannif£paulggmail.com [mailto:canniff.paul c,gmail.com]
Sent: Tuesday, July 05, 2016 5:09 AM
To: McKean, Thomas
Subject: No relief for Cap'n Jac's neighbors -News- capecodtimes.com-
Hyannis, MA
http://m.capecodtimes.com/article/20160704/NEWS/160709777/101015/NEWSLET
TER 100#
Is there anything the Board of Health can do to help this situation?
-Paul J. Canniff,DMD
Paul J.Canniff,DMD
Paul J.Canniff,DMD
}
6/9/2016 time 11:35 Robin Anderson called from the field and
wanted to know the status of the water at 75 Cap'N Jac's Road,
Centerville.
I called and spoke to Judith of the Water Dept. 508-428-6691 and
asked what the status was on the water.Judith stated that the water
was shut-off by the Attorney General's Office (Brian).
Water was pouring out of the `second floor and water had filled the
basement. She also stated the house had been deemed unsafe. There
is a balance due on the water bill.
She also stated the water was shut-off January 21 ,2016.
This call was taken by Brenda Coyle
CD
03
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NOT FOR PUBLIC VIEW
Message Page 3 of 5
From: Weil, Ruth fmai Ito:Ruth.Weil@town.barnstable.ma.us]
Sent: Friday, July 08, 2016 5:27 PM ,
To: Marshall, Lizabeth (AGO)
Subject: FW: 75 Cap'n Jac's UPDATES qE
Dear Lizabeth: '
hope things are going well at your end.
Below please find a series of a-mails relating to recent Town actions relating to the,75 Cap'n Jac's property.
When you have a moment, can you please forward to me a copy of the Complaint for Appointment of a
Receiver.
Have a great weekend. Best, Ruth
Ruth J. Wleil ,
Town Attorney .
Town of Barnstable
367 Main Street
Hyannis,MA 02601
508-8624620 (telephone) r
508-8624724 (fax) i
The information contained in this electronic transmission ("e-mail"),including any attachment (the.
"Information'),may be confidential or otherwise.exempt from disclosure. It is for the addressee only.This
Information may be privileged and confidential attorney work-product or a privileged and confidential
attorney-client communication.The Information may also be deliberative and pre-decisional in nature. As
- such,it is for internal use only.The Information may not be disclosed without the prior written consent of
the Town Attorney's Office of the Town of Barnstable. If you have received this e-mail by mistake,please
notify the sender and delete it from your system. Please do not copy or forward it. Thank you for your
cooperation.
From: McKean, Thomas
Sent: Friday, July 8, 2016 3:14 PM
To: 'Paul Canniff; Scali, Richard; Weil, Ruth
Subject: RE: 75 Cap'n Jac's- UPDATES
z .
UPDATES
A. Jim Fowler called me back this afternoon. He went to the overgrown property identified as 75 Cap'n
Jacs Road. The rats do not have a food source from this property any longer; all of the food`sources
were removed from the property last year and the premises was treated for rodents by his company:
Fowler and Sons. No additional.treatment is needed at this time: (NOTE: If the neighbors continue to
have bird feeders,.the rats will continue to go to their properties.)
B. Mr. Roma informed me that the property is deemed unsafe and he will.order the owner to board it up.
C. I called Jacqueline Easter today. She said the new social worker that took over for her does not know
where the owner is at this time.
From: McKean,Thomas
Sent: Tuesday,July 05, 2016 4:46 PM ,
To: Paul Canniff; Scali, Richard ,.
Subject: 75 Cap'n Jac's- UPDATES
7/19/2016
Message Page 4 of 5
A) I called Fowler and Sons Extermination Company this morning. They were previously
under contract to conduct rodent extermination work at this property. I asked them to go out
there again this week. They will conduct the work this Thursday.
B) I contacted the owner's social worker Jacqueline Easter this morning. She stated she does
not know where the owner is at this time. She will call me back when she finds out. As of 4:45
this afternoon, I have not heard back from her.
C) I spoke to Town Attorney Ruth Weil this afternoon to inquire about seeking permission to
enter the property to investigate the water in the basement. I was informed that the,health agent
cannot enter the property without a search warrant- and only if an imminent public health hazard
to the neighbors or general public is identified.
D) This afternoon I telephoned the C-O-MM Water Department to inquire about pumping the
water from the basement.The Superintendent, Craig, was not available. I left him a message to
call me back.
E) I spoke with the Building Commissioner; Paul Roma,to inquire about safety at this site. He
informed me if the structure is determined to be unsafe, the owner dwelling will be ordered to
board it up and fence it in.
From: McKean,Thomas
Sent: Tuesday, July 05, 2016 1:11 PM
To: Paul Canniff
Subject: Re: 75r Cap'n Jac's
Richard and I talked about that as well: Paul Roma, Building Commissioner, could order a bulldozer
for an unsafe structure; however there is a new television set and other personal belongings inside.
The owner wanted to fix the house and move back in.
Sincerely, -
T.McKean r
From: Paul Canniff
Sent: Tuesday, July 5, 2016 1:02 PM
To: McKean,Thomas
Subject: Re: 75r Cap'n Jac's
Ok. How can the town get the building razed ? Or can it be done ?
On Tuesday, July 5, 2016, McKean, Thomas<Thomas.McKean cgtown.barnstable.ma.us>wrote:
Yes it was condemned on Dec 27th more than a year ago.
From: Paul Canniff
Sent:Tuesday, July 5, 2016 12:57 PM
To: McKean,Thomas
Cc: Weil, Ruth
7/19/2016
r
Message Page 5 of 5
7_
Subject: Re: 75r Cap•n Jac's
Can the property be condemned ?
On Tuesday, July 5, 2016, McKean, Thomas<Thomas.McKean(a�town:barnstable.ma.us>wrote:
I contacted her social worker Jacqueline Easter, who does not know where
the owner is at this time. She will call me back when she finds out.
I also called Fowler and Sons Extermination Company this morning. They
were previously under contract with us and with the owner to conduct
rodent extermination work at this property. I asked them to go out
there again this week. They will conduct the work this Thursday.
hoi)://www.fowlerandsonsinc.com/
Message
n 1-----Orig i ----a g
From: canniffipaulggmail.com [mailto:cannif£paul(cr�,gmail.com]
Sent: Tuesday, July 05, 2016 5:09 AM
To: McKean, Thomas ,
Subject: No relief for Cap'n Jac's'neighbors -News -.capecodtimes.com -
Hyannis, MA
http://m.capecodtimes.com/article/`20160704/NEWS/I 60709777/101015/NEWSLET
TER100#
Is there anything the Board of Health can do to help this situation ?
-Paul J. Canniff,DMD
Paul J.Canniff,DMD
Paul J.Canniff,DMD
7/19/2016
Message Page 2 of 5
367 Main Street
Hyannis,MA 02601
508-8624620 (telephone)
508-W 4724 (fax) .
The information contained in this electronic transmission ("e-mail"),including any attachment`(the
"Information"),may be confidential or otherwise exempt from disclosure. It is for the addressee only. This
Information may be privileged and confidential attorney work-product or a privileged and confidential
attorney-client communication.The Information may also be deliberative and pre-decisional in nature. As
such,it is for internal use only.The Information may not be disclosed without the prior written consent of
the Town Attorney's Office of the Town of Barnstable. If you have received this e-mail by mistake; please,
notify the sender and delete it from your system. Please do not copy or:forward it.Thank you for your
cooperation.
From: Marshall,Lizabeth (AGO) [mai Ito:Iizabeth.marshall@state.ma.us]
Sent: Monday, July 18, 2016 4:07 PM
To: Weil, Ruth -
Subject: RE: 75 Cap'n Jac's-.UPDATES
Hi, Ruth,
I was able to move the motion hearing on service of process to 10am tomorrow. Provided the court allows the
alternate service, I'll then head to the property to post it.
I'll give you an update either way.
Thanks,
f Liza
From: Marshall,Lizabeth (AGO)
Sent: Tuesday, July 12,•2016 12:15 PM
To: 'Weil, Ruth' F
Subject: 75 Cap'n Jac's- UPDATES
Hi, Ruth,
I apologize for the delay. I tried to send the petition,but it was too large for email. I am sending it via
Interchange instead. 1
I have asked the Court to hear the motions for alternative service of the summons and complaint,on 7/22 at 10
a.m. If the motions are allowed, I plan t6 head from there to the property to post the notice. I've asked for-
notice by publication,and posting since I can't find the owner.
Frank Rogan and Brian Soares,the proposed receivers,were going to take a ride by to get a sense.of what the
exterior/yard work would be, so that they could hit the ground running when and if they are appointed. I
suspect that just cutting back the overgrowth and maintaining the lawn will make a big difference in the
property's impact on the neighbors.
If there is anything you need, please do not hesitate to contact me.:
Thank you,
Liza
7/19/2016
Message Page 1 of 5
Anderson, Robin
From: Stanton, David
Sent: Tuesday, July 19, 2016 4:15 PM
To: Anderson, Robin; Roma, Paul
Subject: FW: 75 Cap'n Jac's- UPDATES
-----Original Message-----
From: McKean,Thomas
Sent: Tuesday, July 19, 2016 4:14 PM
To: Stanton, David
Cc: Paul Canniff(can niff.paul@gmail.com)
Subject: FW: 75 Cap'n Jac's- UPDATES
From: Marshall, Lizabeth (AGO) [mailto:lizabeth.marshall@state.ma.us]
Sent: Tuesday, July 19, 2016 4:09 PM
To: Weil, Ruth
Cc: Ells, Mark; Scali, Richard; McKean, Thomas
Subject: RE: 75 Cap'n Jac's- UPDATES
Good afternoon, everyone;
An update on 75 Cap'n Jac's—the Barnstable District Court allowed the motions for service of process today.
The case is set for hearing on the Motion to Enforce the State Sanitary Code and for the Appointment of a
Receiver on August 12; 2016 at 10 am at Barnstable District Court.
I let the neighbors know the date and time of the hearing,since I know they have been concerned. Also,the
court may want to hear from the town's inspectors,so if it is at all possible for them to attend,that would be
wonderful.
In the interim, if there is anything you need, please do not hesitate to reach out to either by email or at my
direct line: 508-742-4516.
Thank you,
Liza
From: Weil, Ruth [mailto:Ruth.Weil@town.barnstable.ma.us]
Sent: Monday,July 18, 2016 4:53 PM
To: Marshall, Lizabeth (AGO)
Cc: Ells, Mark; Scali, Richard; McKean, Thomas
Subject: RE: 75 Cap'n Jac's- UPDATES
Thanks, Lizabeth. I look forward in hearing back from you. Regards, Ruth
Ruth J. Neil
Town Attorney
Town of Barnstable
7/19/2016
DATE: June 14, 2016 TO: Building File
FROM: Robin Anderson, Chief Zoning Officer
RE: 75 Cap'n Jac's Road, WB
Staff received a complaint concerning run-off and ponding between two properties
located at 75 Cap'n Jac's (Mary Ellen,Conley) and 65 Cap'n Jac's (Michael & Mary
Gordon).
Reported to site on Thursday, June 9, 2016 with LI Bob McKechnie.
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June 9,2016 Conditions- sunny, dry and comfortable:
Checked#75 and found propertyto-be vacant and over grown. An abandoned car was
located on the side of the garage. The over growth was too dense to walk around the
property. We approached#65 Cap'n Jac.s Rd. and knocked on the front door. Mr.
Gordon came out and showed us his side yard abutting the Conley property.
I observed a.large body of water in the middle of the shrubs (a visual divide and barrier,,.'
between the two properties). There was no obvious source of water and the topography"'
did not seem conducive to natural ponding. Because the weather has been dry recently,
the volume of water in this area:was a mystery.
The area on the#75 Cap'n:Jac's side appeared to be dry. Although we were unable to
walk through to the opposite side (on#75)we noted the leaves and overgrowth appeared
to be' and and yet the soil on the#65 side:was very saturated and spongy. Again, we ;
noted that there was no visible water source. It was also determined that there 's no
irrigation system.on#65 and the subject location of the ponding (which is approximately
located in the middle,area of the dwelling)was too far from the septic system (at the rear
corner of the lot).
Mr Gordon explained that the ponding occurred over the past month but there has not
been enough rain to explain the ponding or saturation level. Mr. Gordon stated he has
had water in his basement for a longer but unidentified length of time. In fact, he stated
that he just had an additional pumping system installed as his landscaper noted concern
about the volume of water being pumped and he agreed it was excessive. Mr. Gordon
also stated that he maintained the original unit as a back-up and installed a new secondary
unit to act as the primary unit in order to keep the water from accumulating in his
basement.
After my discussion with Mr. Gordon, I contacted Dave Stanton, Chief Health Inspector
for some other ideas about a possible water source. He suggested that perhaps there had
been some road improvements lately that May have diverted the water or an underground
spring. We were both confused because the ponding was reported to have been only over
the last 30 days or so. With#75 Cap'n Jac's having been deemed to be not habitable and
vacant for a least a year, we discounted the Conley property as a contributor or source of
the water. I advised David that we contacted the water department to confirm the water
had been shut off at the street back in Jan.
June 10,2016-Conditions Sunny, dry and comfortable
On Friday afternoon, June 10, 2016, 1 returned to the site with David Stanton. Mr.
Gordon was not at home but had previously given us permission to check the ponding in
his yard.
David was surprised by the large area containing water and agreed that the topography
did not lend itself to settling in that location. We speculated about the water source being
from#75 but I again assured him that our office staff spoke to the water department on
6/9/16 and confirmed that the water had been shut off on Jan. 21, 2016.
In fact, staff member Brenda Coyle was informed that the water had been pouring out of
the "second" floor and had filled the basement. She was also told that the shut off request
originated in the AG's office. Brenda relayed the information to me over the phone and
immediately directed her to note what she was told for our file. (I interpreted the use of
the term"second floor"to actually mean the primary floor as the subject property is a 1-
story Cape style ranch with only two levels (basement& ground floor).
After discussing the ponding issue at the site, David and I walked over to 75 Cap'n Jac's
and down the drive way to again look for a path around to the side or rear of the house.
We stopped for a moment just in front of the garage door and David stated that he
thought he heard something. I pressed my ear to the door and did in fact hear something
but was unable at that moment to determine what it was. In an-effort to hear better,
David put his hand under the garage door(in the gap between the pavement&the bottom
of the door). The door actually lifted up without resistance. We hesitated for a moment
(afraid of the rodents and raccoons noted to be entering) and lifted the door about a third
of the way in order to assess the situation. We observed a washing machine directly in
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front of us on the rear wall. At this point it became obvious that water was running from
an unseen source. The garage walls were covered in mold or mildew and the air was
stale and dank.
At that point, I called our Consumer Affairs Officer, Therese Gallant and explained the
situation. Because there appeared to personal belongings we were reluctant to enter but
felt it was necessary in order to properly assess the situation. David and I were both
shocked to hear water running in light of the shut-off date provided to us by the water
dept. -Officer Gallant logged our entry and we entered the garage to find the source. Our v
entry was strictly limited to the garage area only. .
The staircase to the basement was located just behind the wall in front us. As we.
approached and shined the flashlight, we saw not only that the copper piping to the
washer had split but water continued to spray and pour out. The,spray was directed on to
the interior wall of the house. The electrical wiring was exposed as the spray had
consumed the sheetrock and eaten through the wall. As the light bounced off the wall,
we noticed it reflecting in the water which had risen up the stairs and actually filled the
basement
Although, the water appeared clean, there were mushrooms and unusual growths on the
walls of the stairs.- The wood was obviously saturated and soggy. I called my office and
asked for staff to contact the water dept and send out a technician immediately. I also
contacted Bob McKechnie to come to the scene in order to photograph the conditions as
our devices were not capturing the scope of the damage. He arrived within 20 min.
The water dept responded also and shut the water off in the street.. A neighbor confirmed
that he had observed this activity in:Jan. (In fact two neighbors stopped over to talk to us
during this inspection). Two addition water dept employees joined us on site. They were
shown the basement and they reiterated that they had shut the water off in Jan. They
departed from the site shortly thereafter.
I called FPO Mike Grossman of COMM FD in order to have the FD notify Eversource to
shut the power off. Mike'immediately dispatched an engine to the site as our inspectors
noted that the power was still connected at the pole.. Staff recommended the
disconnection due to the amount of water in the basement(approx 7' high) in addition to
the exposed power lines. Also of concern was the fact that the mechanical equipment and
electrical panel.was currently underwater. Upon arrival, COMM FD determined that the
gas meter was disconnected alleviating that worry:
Bob was released from the scene in order to.continue with his scheduled inspections.
David and I waited for Eversource. Two neighbors had ventured over to discuss the
situation'during our time there,(one them_ ,had confirmed the water department's Jan
response.)
David and.I returned to the office once the cherry picker was extended and the technician
had begun the disconnection process.
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