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Centerville; 02632 —TO w 1�. 01 SIC CCe-0"' 7-0 t ipepjG°,-' R P� � 1� f 6 elm 5 . � aj� �, � c $", 2®-)2o 13PO I n ervi e , 02632 - 2 5093623401 infer yourhotel.com Printed: /19/2020- 10:16pm PATRICK DOWNEY AG 926 MASS AVE LUNENBURG MA 01462 Room: 125 NKl Daily Rate: 75.59 Check-in: 08/19/20 10:16pm Out-08/21/20 Nights:2 Guests: 110 Charges Pa ent %Dazeof'Room' Phone Misc. Tax Total Credit Cash Bill Total Balance151.18 0.00 0.00 0.00 151.18 0.00 0.00 0.00 0.00 151.18 Atpount Tendered: $0,00 ° Change: $0.00 heck-out time: 11:00am Check-ian tim • :OOpm. ;st Signature: ko��er r 1E MANAGEMENT ASSUMES NO ACCIDENTS,INJURIES,THEFT OR LOSS DUE TO.ANY CAUSE. lANK YOU FOR.STAY•WG HERE WE)'TOPE YOU HAVE ENJOYED YOUR STAY. PLEASE CALLL,AGAIN ANY TIME TO DICE RESERVATIONS HERE. i .. Ccl C C 5vT' 2ej TO Mc kA PVA A,;o• 9 362.34"1 ' n:Fc:c�-r-�uz'Y�ntel.c�n1 •�2.. �•� � ,i. 1;:hi' ;:I;•iti: , :'�U !:i �nir. OL)i: 02•:2 i:20 Ni,Yi?tS: 8 Gruzm: li0 Payment i? tic- - hiiSC, i a;c--1 —T:ot'al ! C;edit ;'. ,Gash'. Bitl Total. "Bala'nce �:69.60! 0.00. .0.00 0,00 0.00 369.6 r11rr>u;:T'i e;ulcre�: S0.06 •Charm : 50.00 •. s C �� p ''('`,' FOR. ACCI";=N"�S,':INJU i•F� THEFT:bR BOSS DUjr TO ANY CAUSE. \ t4J!Gt?;..'•��,1• :'..'.)l��ti�t.ti NON RESFON !r8: .:A �. L R /S, O: ;:,',i, c:•r',�.y;N0 ?"IFFUF !*.' w��hr: ' 'O"t _ A' , �N.G`FD YOUR STAY. PLEASE CALL AGAIN ANY TIME TO February 22, 2019 • 1 observed people staying in a room for seven days. .Then after seven days,the room had to have a different ID. Also only one ID was shown, even though there were other persons entering the room and staying there. • Nick, Nico, Nicholas- His real name is Chuck Mayo. He stayed in Room#132 from November until February 2"d off and on; he may have left for a couple of nights occasionally. H always left his belongings in the room. I heard Tara tell him to put his belongings in the closet or in the storage area in case the Town conducts an inspection. • Only one ID was shown,even though there were other persons entering the room and staying there. • 1 observed "traffic" into multiple rooms, at room multiple times. Room#6 occupied by"Jackie" entertained a gentleman who drove up in a white older model Mercury Mountaineer. He knocked on the wrong door(Bruce's door) in Room #4. He was looking for"my friend " (he apparently didn't know her name was Jackie) . He went back into his SUV for approx.. 30 minutes until Jackie's"friend" left . I saw a man leave Room #6,get into a red car,then drive away. As soon as the red car passed the man in the Mercury Mountaineer, he went into Room #6. • The Police Department was looking to serve a warrant to individuals in Room#22. Nobody was in the room. When the occupants returned later that evening at approx. 10:00 p.m. looking to rent a room again, Helen told the couple that she cannot rent them a room because the Police Department was looking for them . As soon as Helen told them this information,the couple left the motel premises quickly. Jackie was friends with the female occupant in Room#22. 1 observed the girl (from Room#22)with Jackie in Room#6.An older man,who drove a grey Chrysler 500, subsequently entered the same room #6 for approx.. 30 to 45 minutes. Then he left. That man registered the room in his"daughter's" name. He left the premises and returned the next morning. • 1 observed many drug needles, burnt spoons, bottle cap, containing cotton,and used condoms, in multiple rooms(including Rooms#6 and Room#22)during the time period I was employed there from January 11th through February 2"d 2019. 1. What if anything did the owner/s tell you about the activities required or regulated by the settlement agreement? It was my understanding,the tenants could not stay for more than seven days. 2. What activities did you observe with respect to actual activities of the owner/s that might. violate the settlement agreement?' See above 3. Were there other witnesses to these conversations or actions?What would you expect the other witnesses would be able to testify to? Helen Anderson,temporary front desk clerk 4. .Were there any letters,emails, or other writings that would be relevant to possible violations of the settlement agreement? Do you have copies of any such documents? If not, could he identify them with sufficient descriptions such that we could subpoena them by description?Where would these documents be found at the motel? No but I observed a regular envelope with Chuck Mayo's name on it(and the upstairs apartment occupant of 4 Room#13) in a series of tax papers in a manilla folder, stored next to the office file cabinet. 5. Were there any directives from the owner/s to you with respect to keeping this information from the town? Yes I heard Tara Patel tell Helen Anderson, "if the inspectors come, appease them and tell them whatever they want to hear until I return. " 6. What do you say about the extended stays and name changing on the motel register? How many registers are there? See above. There is Tara's handwritten register, Helen's handwritten register,and a computer log. 7. Were patrons told to pay cash to keep their names off of the motel register? Describe fully. Everytime a person comes in who booked through Expedia or Booking.com,the clerk would tell the patron not to use Expedia or booking.com; the patron would receive the same price if paid in cash. - 8. Does the witness have any information as to the cause of the sewer line backup and flooding that he observed? I don'tknow if the owner didn't pump the septic system, but I. plunged the same toilets multiple times in many rooms. Room#38 became flooded .Tara indicated that Room#38(rear lower level) had become recently flooded with approx.. twelve inches of water. 9. What information does the witness have about prostitution, drug use,etc? Describe fully. See Above 10. Are there any other matters not contained in the notice of hearing that are of concern to the witness, whether or not they are enumerated as obligations of the settlement agreement. I was told by Tara not to change the sheets in a room if the patrons only slept under the comforter(above the sheets). Many of the sheets contained holes. Tara advised me to place the holes at the foot of the bed . New sheets remained piled up in the closet(next to Room#11) unused. Signed: Date: s� eZa Anthony Alva _ Attorney at Law r ' 16 School Street, Hyannis, IAA 02601 ; P.O. Box 730, Barnstable, MA 02630 -r, axacuneo@gmail.com Phone (774) 521-9350 Fax (508) 362-7770 x March 21, 2019 Building Building Dept. / Inspectional Services, Attn: Brian Florence Health Department, Attn: Tom McKean Town of Barnstable Town Hall Annex 200 Main Street Hyannis, MA 02601 { Re: Knights Inn (Craigville Motel) - 8 Shootflying Hill Rd. , Centerville, MA Request for Re-inspection Dear Mr. Florence and McKean Work has been proceeding as quickly as possible to make repairs and improvements to the Knights Inn at 8 Shootflying Hill Road, in Centerville. Yesterday management received the. title V inspection reports for inspections that were completed during the last few weeks, and it is my understanding you have copies of those reports. While all of the septic system passed, some were conditional. Therefore, estimates are now being forwarded for any work needed that will begin as quickly as possible. At this time, as management believes all work has been performed that has been requested by town officials, this is a request to set up an inspection and walk through by epartment ' s inspectors. In that regard, please o act my office as on as o ib e. Sincerely Yo rs, ony Alva, cc: J` Connors, sq. Management, Knights Inn I I i -3 i Town of Barnstable A XAS& Board of Health %6 9. 200 Main Street, Hyannis MA 02601 Paul J.Canniff,D.M.D. Office: 508-862-4644 Donald A.Guadagnoli,M.D. FAX: 508-790-6304 John T.Norman F.P.(Tom)Lee,Alternate Certified Mail# 7015-1730-0001-4990-0966 February 19, 2019 Mr. Dilip Patel Knights Inn/ Craigville Motel 8 Shootflying Hill Road Centerville, MA 02632 RE NOTICE OF SHOW CAUSE.HEARING Vioh t16ris of Settlement Agreement' Dear Mr. Patel: You are scheduled to appear before the Board of Health on Tuesday, February 26, 2019 at 3:00 p.m. at the Barnstable Town Hall, in the second floor Hearing Room, 367 Main Street, Hyannis, for a Show-Cause Hearing. This hearing will be held to provide you an opportunity to show- cause why your motel permit should not be suspended or revoked due to your failure to uphold paragraphs "c", "f', and"h" of the Barnstable Superior Court Settlement Agreement between the Barnstable Board of Health and Jintendra Patel, Trustee,New Craigville Motel Realty Trust, dated March 28, 2017 (the "Settlement Agreement"). Inspections were held at the Knight's Inn Motel, located at 8 Shootflying Hill Road, Centerville Massachusetts on January 18, 2019 and January 24, 2019, by Thomas McKean, R.S., C.H.O., Health Agent and by Donna Miorandi, R.S., Health Inspector. The following violations of the Settlement Agreement were observed: • According to the motel register records,three customers stayed longer than 30 consecutive days and/or greater than 45 days in a 90 day period as follows: (1) James Brown stayed 80 nights from October 9, 2018 to January 5, 2019, (2) Jimmy Crowson stayed 31 consecutive nights from September 2, 2018 through October 10, 2018, and(3)Nicho,Nicolas,Nick, Chuck Nicolas stayed in the same Room#132 multiple dates from September 17, 2018 to January 4, 2019 for a total of 34 nights. These observations violate paragraph"c" of the Settlement Agreement which specifically reads as follows: ..."the maximum stay at the motel guest will be allowed to remain on the property is 30 consecutive days and not more than 45 days total in a 90-day period C According to the motel register records, multiple entries of "Nicho," "Nicolas," "Nick," "Chuck" "Nicolas" stayed in the same Room#132. There were no identification records for this person(or these persons) available for viewing. This violates Paragraph "f' of the Settlement Agreement which specifically reads as follows: "Positive identification in the form of a driver's license, passport, or government—issued identification of every guest renting a room shall be photocopied before a room is rented and shall be retained by Q:\Order letters\SHOW CAUSE Letters and Samples\Craigville Motel BOH notice February 26 2019fa.docx � 1 } management for inspection by licensing authorities, their agents, and the police upon demand." • During the inspection held on January 18, 201..& Health Agent Thomas McKean and Health Inspector Donna Miorandi observed several guests (mostly second guests) being allowed to enter motel rooms onsite without management first requiring each person to provide identification. This observation violates Paragraph"f' of the Settlement Agreement which specifically reads as follows: "Positive identification in the form of a driver's license, passport, or government—issued identification of every guest renting a room shall be photocopied before a room is rented and shall be retained by management for inspection by licensing authorities, their agents, and the police upon demand." • The West Barnstable Fire Department responded to emergency medical calls at this Motel on September 1,2017, June 1,2018, October 11, 2018,December 2, 2018,and on January 16,2018. Management failed to report all such calls for medical assistance to the Board of Health by phone and in writing within 24 hours of each call, as required per paragraph"h" of the Settlement Agreement. • According to the Settlement Agreement, paragraph"e,"the motel shall not be used for the purpose of immoral solicitation, immoral bargaining, or immoral conduct, including prostitution, drugs, or gambling. The Board may hear evidence to determine whether there is probable cause to conclude that such activities have occurred in violation of paragraph"e"and, if so, after further notice,to conduct additional hearings with respect thereto. In addition,there have been several verbal reports of clogging in the waste plumbing system/toilets of multiple rooms. You are hereby ordered to hire a certified septic system inspector to evaluate the septic system to determine whether the septic system is functioning properly. The evaluation should be conducted before the date of the hearing. During this hearing,you will have an opportunity to be heard, present witnesses, and provide documentary evidence pertinent to this case. PER ORDER OF THE BOARD OF HEALTH Thomas McKean, R.S., C.H. Agent for the Board of Health Cc: Knighte 's Inn, Parent Corporation Q:\Order letters\SHOW CAUSE Letters and Samples\Craigville Motel BOH notice February 26 2019fa.docx (TO Town of Barnstable BA Board of Health A 200 Main Street, Hyannis MA 02601 Paul J.Canniff,D.M.D. Office: 508-862-4644 Donald A.Guadagnoli,M.D. FAX: 508-790-6304 John T.Norman F.P.(Tom)Lee,Alternate Certified Mail# 7015-1730-0001-4990-0966 February 19, 2019 Mr. Dilip Patel Knights Inn/Craigville Motel 8 Shootflying Hill Road Centerville, MA 02632 RE NOTICE OF SHOW CAUSE HEARING - Violations of Settlement Agreement Dear Mr. Patel: You are scheduled to appear before the Board of Health on Tuesday, February 26, 2019 at 3:00 p.m. at the Barnstable Town Hall, in the second floor Hearing Room, 367 Main Street, Hyannis, for a Show-Cause Hearing. This hearing will be held to provide you an opportunity to show- cause why your motel permit should not be suspended or revoked due to your failure to uphold paragraphs "c", "f', and "h" of the Barnstable Superior Court Settlement Agreement between the Barnstable Board of Health and Jintendra Patel, Trustee,New Craigville Motel Realty Trust, dated /z/a _March-98, 2017 (the "Settlement Agreement"), Inspections were held at the Knight's Inn Motel, located at 8 Shootflying Hill Road, Centerville Massachusetts on January 18, 2019 and January 24, 2019, by Thomas McKean, R.S., C.H.O., Health Agent and by Donna Miorandi, R.S., Health Inspector. The following violations of the Settlement Agreement were observed: • According to the motel register records,three customers stayed longer than 30 consecutive days and/or greater than 45 days in a 90 day period as follows: (1) James Brown stayed 80 nights from October 9, 2018 to January 5, 2019, (2) Jimmy Crowson stayed 31 consecutive nights from September 2, 2018 through October 10;2018, and(3)Nicho,Nicolas,Nick, Chuck Nicolas stayed in the same Room#132 multiple dates from September 17, 2018 to January 4, 2019 for a total of 34 nights. These observations violate paragraph"c" of the Settlement Agreement which specifically reads as follows: ..."the maximum stay at the motel guest will be allowed to remain on the property is 30 consecutive days and not more than 45•days total in a 90-day period e According to the motel register records,multiple entries of "Nicho," "Nicolas," "Nick," "Chuck" "Nicolas" stayed in the same Room#132. There were no identification records for this person(or these persons) available for viewing. This violates Paragraph"f' of the Settlement Agreement which specifically reads as follows: "Positive identification in the form of a driver's license, passport, or government—issued identification of every guest renting a room shall be photocopied before a room is rented and shall be retained by Q:\Order letters\SHOW CAUSE Letters and Samples\Craigville Motel BOH notice February 26 20190.docx management for inspection by licensing authorities, their agents, and the police upon demand." • During the inspection held on January 18, 2011, Health Agent Thomas McKean and Health Inspector Donna Miorandi observed several guests (mostly second guests) being allowed to enter motel rooms onsite without management first requiring each person to provide identification. This observation violates Paragraph"f' of the Settlement Agreement which specifically reads as follows: "Positive identification in the form of a driver's license, passport, or government—issued identification of every guest renting a room shall be photocopied before a room is rented and shall be retained by management for inspection by licensing authorities,their agents, and the police upon demand." • The West Barnstable Fire Department responded to emergency medical calls at this Motel on September 1,2017,June 1,2018, October 11, 2018,December 2,2018,and on January 16, 2011. Management failed to report all such calls for medical assistance to the Board of Health by phone and in writing within 24 hours of each call, as required per paragraph"h"of the Settlement Agreement. • According to the Settlement Agreement,paragraph"e,"the motel shall not be used for the purpose of immoral solicitation, immoral bargaining, or immoral conduct, including prostitution, drugs, or gambling. The Board may hear evidence to determine whether there is probable cause to conclude that such activities have occurred in violation of paragraph"e"and, if so, after further notice,_ to conduct additional hearings with respect thereto. In addition,there have been several verbal reports of clogging in the waste plumbing system/toilets of multiple rooms. You are hereby ordered to hire a certified septic system inspector to evaluate the septic system to determine whether the septic system is functioning properly. The evaluation should be conducted before the date of the hearing. During this hearing, you will have an opportunity to be heard, present witnesses, and provide documentary evidence pertinent to this case. PER ORDER OF THE BOARD OF HEALTH Thomas McKean, R.S., C.H.O. Agent for the Board of Health Cc: Knight's Inn, Parent Corporation Q:\Order letters\SHOW CAUSE Letters and Samples\Craigville Motel BOH notice February 26 2019fa.docx Anthony Alva Attorney at Law 16 School Street, Hyannis, MA 02601 P.O. Box 730, Barnstable, MA 02630 axacuneo@gmail.com Phone (774) 521-9350 Fax (508) 362-7770 April 11, 2019 ,Health Department, Town of Barnstable Attn. Paul J. Canniff, D.M.D. , and Health Agent Tom McKean Building Building Dept. / Inspectional Services, Attn: Brian Florence Town of Barnstable Town Hall Annex 200 Main Street Hyannis, MA 02601 Fire Chief Joseph Maruca West Barnstable Fire Dept. 2160 Meetinghouse Way West Barnstable, MA 02668 Re: ( 1) Request for Re-Inspection (2 ) Request to be Placed on Board of Health Meeting Agenda Knights Inn (Craigville Motel) - 8 Shootflying Hill Rd. , Centerville, MA Dear Dr. Canniff, Mr. McKean, and Mr. Florence; This office has been notified that septic work at the Knights Inn at 8 Shootflying Hill Rd. has been completed, and inspected, and found to be in compliance, some 23 months before the town deadline. Last week, an inspector with the West Barnstable Fire Department inspected the entire motel and found it to be in compliance with the fire code. Management informs me that all permits for any and all work that was completed were obtained by the contractors, if necessary, and any and all concerns and/or repairs were made. Therefore, as management believes all work has been performed that .has been requested by town officials, this is a request to schedule a, shearing of the Board of Health for its next available date, that Request for Re-Inspection and Request to be Placed on Board of Health Meeting Agenda - Page 1 being on April 23, 2019, so that management may show compliance with the Board' s order from the February 26, show-Cause hearing. Management at that time will be seeking an order that it may reopen at the expiration of the 60 day period. Further, management again welcomes town inspectors from the Building Department and Board of Health to re-inspect the premises as soon as possible for the purposes of (a) establishing compliance and/or (b) giving notice of any work that inspectors believe may still be required. Note that the mandated closure of the motel is causing a severe financial hardship on the business. The septic system upgrade cost, alone, was upwards of $25,000-plus for work that was not required to be complete by town officials for another 23 months. The motel is unable to take reservations and the summer season is getting ready to start. Further, policies are in place to ensure compliance with the parties agreement and law. Management believes an inspection will show the motel is in good condition and in that regard mana eme-nt.Jinvites members of the board to visit at anytime so each er can she the conditions at the motel. In that regard, th efore, feel free to contact us at any. time. Sincerely Y rs, Anthony Alva, Esq. cc: J. Connors, Esq. Management, Knights Inn C. McLaughin, Esq. Town Counsel Police Chief, Town of Barnstable Request for Re-Inspection and Request to be Placed on Board of Health Meeting Agenda - Page 2 '7 .ti �- I C� ~ � � - f� t y '' r�• '4 s r .� �. ~ � _. � 'd .. _� � � � - } � -- �+ .. � ... .+ .z s F_ .. ^1 � 1 T � _. .. _ `� � - .l � � �. _ . ., i } � �- "U 1 f r .^ February 22, 2019 • I observed people staying in a room for seven days. .Then after seven days,the room had to have a different ID. Also only one ID was shown, even though there were other persons entering the room and staying there. • Nick, Nico, Nicholas- His real name is Chuck Mayo. He stayed in Room #132 from November until February 2"d off and on; he may have left for a couple of nights occasionally. H always left his belongings in the room. I heard Tara tell him to put his belongings in the closet or in the storage area in case the Town conducts an inspection. • Only one ID was shown, even though there were other persons entering the room and staying there. • 1 observed "traffic" into multiple rooms, at room multiple times. Room #6 occupied by"Jackie" entertained a gentleman who drove up in a white older model Mercury Mountaineer. He knocked on the wrong door(Bruce's door) in Room #4. He was looking for"my friend " (he apparently didn't know her name was Jackie) . He went back into his SUV for approx.. 30 minutes until Jackie's"friend" left . I saw a man leave Room#6,get into a red car,then drive away. As soon as the red car passed the man in the Mercury Mountaineer, he went into Room #6. • The Police Department was looking to serve a warrant to individuals in Room#22. Nobody was in the room. When the occupants returned later that evening at approx. 10:00 p.m. looking to rent a room again, Helen told the couple that she cannot rent them a room because the Police Department was looking for them . As soon as Helen told them this information,the couple left the motel premises quickly. Jackie was friends with the female occupant in Room #22. 1 observed the girl (from Room #22)with Jackie in Room#6.An older man, who drove a grey Chrysler 500, subsequently entered the same room#6 for approx.. 30 to 45 minutes. Then he left. That man registered the room in his"daughter's" name. He left the premises and returned the next morning. • 1 observed many drug needles, burnt spoons, bottle cap, containing cotton, and used condoms, in multiple rooms (including Rooms#6 and Room#22) during the time period I was employed there from January 11th through February 2"d 2019. 1. What if anything did the owner/s tell you about the activities required or regulated by the settlement agreement? It was my understanding,the tenants could not stay for more than seven days. 2. What activities did you observe with respect to actual activities of the owner/s that might violate the settlement agreement? See above 3. Were there other witnesses to these conversations or actions?What would you expect the other witnesses would be able to testify to? Helen Anderson,temporary front desk clerk 4. Were there any letters, emails, or other writings that would be relevant to possible violations of the settlement agreement? Do you have copies of any such documents? If not, could he identify them with sufficient descriptions such that we could subpoena them by description?Where would these documents be found at the motel? No but I observed a regular envelope with Chuck Mayo's name on it(and the upstairs apartment occupant of r Room#13)in a series of tax papers in a manilla folder, stored next to the office file cabinet. 5. Were there any directives from the owner/s to you with respect to keeping this information from the town? Yes I heard Tara Patel tell Helen Anderson, "if the inspectors come, appease them and tell them whatever they want to hear until I return. " 6. What do you say about the extended stays and name changing on the motel register? How many registers are there? See above. There is Tara's handwritten register, Helen's handwritten register,and a computer log. 7. Were patrons told to pay cash to keep their names off of the motel register? Describe fully. Everytime a person comes in who booked through Expedia or Booking.com,the clerk would tell the patron not to use Expedia or booking.com; the patron would receive the same price if paid in cash. 8. Does the witness have any information as to the cause of the sewer line backup and flooding that he observed? I don't know if the owner didn't pump the septic system, but I plunged the same toilets multiple times in many rooms. Room#38 became flooded .Tara indicated that Room#38(rear lower level) had become recently flooded with approx.. twelve inches of water. 9. What information does the witness have about prostitution, drug use, etc? Describe fully. See Above 10. Are there any other matters not contained in the notice of hearing that are of concern to, the witness,whether or not they are enumerated as obligations of the settlement agreement. I was told by Tara not to change the sheets in a room if the patrons only slept under the comforter(above the sheets). Many of the sheets contained holes. Tara advised me to place the holes at the foot of the bed . New sheets remained piled up in the closet(next to Room#11) unused. Signed: L , W Date: a Town of Barnstable S. Board of Health 9. v� 143q. �0� 200 Main Street, Hyannis MA 02601 Paul J.Canniff,D.M.D. Office: 508-862-4644 Donald A.Guadagnoli,M.D. FAX: 508-790-6304 John T.Norman F.P.(Tom)Lee,Alternate February 19, 2019 Mr. Dilip Patel Knights Inn/ Craigville Motel 8 Shootflying Hill Road Centerville, MA 02632 RE: NOTICE OF SHOW-CAUSE HEARING Violations of Settlement Agreement Dear Mr. Patel: You are scheduled to appear before the Board of Health on Tuesday, February 26, 2019 at 3:00 p.m. at the Barnstable Town Hall, in the second floor Hearing Room, 367 Main Street, Hyannis, for a Show-Cause Hearing. This hearing will be held to provide you an opportunity to show- cause why your motel permit should not be suspended or revoked due to your failure to uphold paragraphs "c", "f', and "h" of the Barnstable Superior Court Settlement Agreement between the Barnstable Board of Health and Jintendra Patel;Trustee,New Craigville Motel Realty Trust, dated October 24, 2016 (the "Settlement Agreement"). Inspections were held at the Knight's Inn Motel, located at 8 Shootflying Hill Road, Centerville Massachusetts on January 18, 2019 and January 24, 2019, by Thomas McKean, R.S., C.H.O., Health Agent and by Donna Miorandi, R.S., Health Inspector. The following violations of the Settlement Agreement were observed: • According to the motel register records, three customers stayed longer than 30 consecutive days and/or greater than 45 days in a 90 day period as follows: (1) James Brown stayed 80 nights from October 9, 2018 to January 5, 2019, (2) Jimmy Crowson stayed 31 consecutive nights from September 2, 2018 through October 10, 2018, and (3)Nicho,Nicolas,Nick, Chuck Nicolas stayed in the same Room#132 multiple dates from September 17, 2018 to January 4, 2019 for a total of 34 nights. These observations violate paragraph"c" of the Settlement Agreement which specifically reads as follows: ..."the maximum stay at the motel guest will be allowed to remain on the property is 30 consecutive days and not more than 45 days total in a 90-day period • According to the motel register records, multiple entries of "Nicho," "Nicolas," "Nick," "Chuck" "Nicolas" stayed in the same Room#132. There were no identification records for this person(or these persons) available for viewing. This violates Paragraph "f' of the Settlement Agreement which specifically reads as follows: "Positive identification in the form of a driver's license, passport, or government—issued identification of every guest renting a room shall be photocopied before a room is rented and shall be retained by .C:\Users\mckeant\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\WBRMFCJ2\Craigville Motel notice February 2019fa.docx management for inspection by licensing authorities, their agents, and the police upon demand." • During the inspection held on January 18, 2019, Health Agent Thomas McKean and Health Inspector Donna Miorandi observed several guests (mostly second guests) being allowed to enter motel rooms onsite without management first requiring each person to provide identification. This observation violates Paragraph"f' of the Settlement Agreement which specifically reads as follows: "Positive identification in the form of a driver's license, passport, or government—issued identification of every guest renting a room shall be photocopied before a room is rented and shall be retained by management for inspection by licensing authorities, their agents, and the police upon demand." .• The West Barnstable Fire Department responded to emergency medical calls at this Motel on September 1, 2017, June 1,2018, October 11, 2018,December 2, 2018,and on January 16, 2019. Management failed to report all such calls for medical assistance to the Board of Health by phone and in writing within 24 hours of each call, as required per paragraph"h"of the Settlement Agreement. • According to the Settlement Agreement, paragraph "e,"the motel shall not be used for the purpose of immoral solicitation, immoral bargaining, or immoral conduct, including prostitution, drugs, or gambling. The Board may hear evidence to determine whether there is probable cause to conclude that such activities have occurred in violation of paragraph"e"and, if so, after further notice,to conduct additional hearings with respect thereto. In addition,there have been several verbal reports of clogging in the waste plumbing system/toilets of multiple rooms. You are hereby ordered to hire a certified septic system inspector to evaluate the septic system to determine whether the septic system is functioning properly. The evaluation should be conducted before the date of the hearing. During this hearing, you will have an opportunity to be heard, present witnesses, and provide documentary evidence pertinent to this case. PER ORDER OF THE BOARD OF HEALTH Thomas McKean, R.S., C.H.O. Agent for the Board of Health Cc: Joe Maida,Director Contracts Compliance Department, Knight's Inn,Corporate Office Headquarters, Wyndham Hotel Group,22 Sylvan Way, Parsippany,NJ,07054 C:\Users\mckeant\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\WBRMFCJ2\Craigville Motel notice February 2019fa.docx February 22, 2019 • I observed people staying in a room for seven days. Then after seven days, the room had to have a different ID. Also only one ID was shown, even though there were other persons entering the room and staying there. • Nick, Nico, Nicholas- His real name is Chuck Mayo. He stayed in Room #132 from November until February 2no off and on; he may have left for a couple of nights occasionally. He always left his belongings in the room. I heard Tara tell him to put his belongings in the closet or in the storage area in case the Town conducts an inspection. • Only one ID was shown, even though there were other persons entering the room and staying there. • 1 observed "traffic" into multiple rooms, at room multiple times. Room #6 occupied by"Jackie" entertained a gentleman who drove up in a white older model Mercury Mountaineer. He knocked on the wrong door(Brute's door) in Room #4. He was looking for"my friend " (he apparently didn't know her name was Jackie) . He went back into his SUV for approx.. 30 minutes until Jackie's"friend" left . I saw a man leave Room#6,get into a red car, then drive away. As soon as the red car passed the man in the Mercury Mountaineer, he went into Room #6. • The Police Department was looking to serve a warrant to individuals in Room #22. Nobody was in the room. When the occupants returned later that evening at approx. 10:00 p.m. looking to rent a room again, Helen told the couple that she cannot rent them a room because the Police Department was looking for them . As soon as Helen told them this information,the couple left the motel premises quickly. Jackie was friends with the female occupant in Room #22. 1 observed the girl (from Room#22) with Jackie in Room #6. An older man, who drove a grey Chrysler 500, subsequently entered the same room #6 for approx.. 30 to 45 minutes. Then he left. That man registered the room in his "daughter's" name. He left the premises and returned the next morning. • 1 observed many drug needles, burnt spoons, bottle caps containing cotton, and used condoms in multiple rooms (including Rooms#6 and Room#22) during the time period I was employed there from January 111h through February 2no 2019. 1. What if anything did the owner/s tell you about the activities required or regulated by the settlement agreement? It was my understanding,the tenants could not stay for more than seven days. 2. What activities did you observe with respect to actual activities of the owner/s that might violate the settlement agreement? See above 3. Were there other witnesses to these conversations or actions?What would you expect the other witnesses would be able to testify to? Helen Anderson,temporary front desk clerk 4. Were there any letters, emails, or other writings that would be relevant to possible violations of the settlement agreement? Do you have copies of any such documents? If not, could he identify them with sufficient descriptions such that we could subpoena them by description?Where would these documents be found at the motel? No but I observed a regular envelope with Chuck Mayo's name on it(and the upstairs apartment occupant of f rn St. -�inG+x 1 4� ofy 'Town of Barnstable Board of Health alQY 200 Main Street, Hyannis MA 02601 Paul J.Canniff,D.M.D. Office: 508-862-4644 Donald A.Guadagnoli,M.D. FAX: 508-790-6304 John T.Norman F.P.(Tom)Lee,Alternate Certified Mail: 7015-1730-0001-4990-0980 February 19, 2019 Mr. Dilip Patel Knights Inn/ Craigville Motel 8 Shootflying Hill Road Centerville, MA 02632 RE: NOTICE OF SHOW-CAUSE HEARING Violations of Settlement Agreement Dear Mr. Patel: You are scheduled to appear before the Board of Health on Tuesday, February 26, 2019 at 3:00 p.m. at the Barnstable Town Hall, in the second floor Hearing Room, 367 Main Street, Hyannis, for a Show-Cause Hearing. This hearing will be held to provide you an opportunity to show- cause why your motel permit should not be suspended or revoked due to your failure to uphold paragraphs "c", "f', and "h" of the Barnstable Superior Court Settlement Agreement between the Barnstable Board of Health and Jintendra Patel, Trustee,New Craigville Motel Realty Trust; dated October 24, 2016 (the "Settlement Agreement"). ,Inspections were held at the Knight's Inn Motel, located at 8 Shootflying Hill Road, Centerville Massachusetts on January 18, 2019 and January 24, 2019, by Thomas McKean, R.S., C.H.O., Health Agent and by Donna Miorandi, R.S., Health Inspector. The following violations of the Settlement Agreement were observed: • According to the motel register records, three customers stayed longer than 30 consecutive days and/or greater than 45 days in a 90 day period as follows: (1) James Brown stayed 80 nights from October 9, 2018 to January 5, 2019, (2) Jimmy Crowson stayed 31 consecutive nights from September 2, 2018 through October 10, 2018, and (3)Nicho;Nicolas,Nick, Chuck Nicolas stayed in the same Room#132 multiple dates from September 17, 2018 to January 4, 2019 for a total of 34 nights. These observations violate paragraph"c" of the Settlement Agreement which specifically reads as follows: ..."the maximum stay at the motel guest will be allowed to remain on the property is 30 consecutive days and not more than 45 days total in a 90-day period Y According to the motel register records, multiple entries of "Nicho,""Nicolas," "Nick," "Chuck" "Nicolas" stayed in the same Room#132. There were no identification records for this person(or these persons) available for viewing. This violates Paragraph"f' of the Settlement Agreement which specifically reads as follows: "Positive identification in the form of a driver's license, passport, or government—issued identification of every guest renting a room shall be photocopied before a room is rented and shall be retained by q:\Order letters\SHOW CAUSE Letters and Samples\Craigville Motel BOH notice February 2019fa.docx 1 C sr management for inspection by licensing authorities, their agents, and the police upon demand." • During the inspection held on January 18, 2019, Health Agent Thomas McKean and Health Inspector Donna Miorandi observed several guests (mostly second guests) being allowed to enter motel rooms onsite without management first requiring each person to provide identification. This observation violates Paragraph"f' of the Settlement Agreement which specifically reads as follows: "Positive identification in the form of a driver's license, passport, or government—issued identification of every guest renting a room shall be photocopied before a room is rented and shall be retained by management for inspection by licensing authorities, their agents, and the police upon demand." • The West Barnstable Fire Department responded to emergency medical calls at this Motel on September 1,2017,June 1,2018, October 11, 2018,December 2, 2018,and on January 16,2019. Management failed to report all such calls for medical assistance to the Board of Health by phone and in writing within 24.hours of each call, as required per paragraph"h"of the Settlement Agreement. • According to the Settlement Agreement,paragraph"e,"the motel shall not be used for the purpose of immoral solicitation, immoral bargaining, or immoral conduct, including prostitution, drugs, or gambling. The Board may hear evidence to determine whether there is probable cause to conclude that such activities have occurred in violation of paragraph"e"and,if so, after further notice,to conduct additional hearings with respect thereto. In addition,there have been several verbal reports of clogging in the waste plumbing system/toilets of multiple rooms. You are hereby ordered to hire a certified septic system inspector to evaluate the septic system to determine whether the septic system is functioning properly. The evaluation should be conducted before the date of the hearing. During this hearing, you will have an opportunity to be heard, present witnesses, and provide documentary evidence pertinent to this case. PER ORDER OF THE B RD OF HEALTH Thomas McKean, R.S., C.H:O:,_. Agent for the Board of Health k t 1 Cc: Joe Maida,Director Contracts Compliance Department,Knight's Inn, Corporate Office Headquarters, Wyndham Hotel Group,22 Sylvan Way,Parsippany,NJ,07054 Q:\Order letters\SHOW CAUSE Letters and Samples\Craigville Motel BOH notice February 2019fa.docx COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. MASSACHUSETTS TRIAL COURT BARN STABLE SUPERIOR COURT DIVISION DOCKET NO.: 1572CV00243 ' JINTENDRA PATEL, TRUSTEE, NEW CRAIGVILLE MOTEL REALTY TRUST vs. TOWN OF BARNSTABLE, , BOARD OF HEALTH, and WAYNE MILLER, M.D., PAUL CANNIFF, D.M.D. and JUNICHI SAWAYANGI, as they comprise the members of the Board of Health Respondents. Joint Motion for Entry of Judgment The Parties to this action jointly move that this Court adopt the Settlement Agreement of the Parties dated October 24, 20..16 attached hereto and further order that Judgment in this matter shall enter-as the Final Order of this Court requiring the parties hereto to comply with the terms and provisions of said Settlement Agreement. . Respectfully submitted, . . Respectfully submitted, The Respondents, The Petitioner, B eir Attorney, By ler Atto y, a4' Charles S.McLaughlin,Jr.,Esq J#hes P. Connors,Esq. BBO#336880 ETBO# 653135 367 Main Street P.O.Box 557 Hyannis,MA 02601 Barnstable,MA 02630 (508) 862-4620 (508)744-15.13 Charles.McLaughlin@town.bamstable.ma.us Jpconnorsatty@gmail.com March 28, 2017 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE,ss. MASSACHUS'ETTS TRIAL COURT BARNSTABLE SUPERIOR COURT DIVISION DOCKET NO.: 1572CV00.243 JINTENDRA PATEL,TRUSTEE, NEW CRAIGVILLE MOTEL REALTY TRUST vs. TOWN OF BARNSTABLE, BOARD OF HEALTH, and WAYNE MILLER, M.D., PAUL CANNIFF,D.M.D. and JUNICHI SAIATAYANGI, as they comprise the members of the Board of Health Respondents, SETTLEMENT AGREEMENT Whereas, the PIaintiff'operated the property which is the subject of this action as the"Craigville Motel" (tbe"motel")for many years, and Whereas,the Plaintiffs operation of the motel created a lengthy histoiy of multiple state sanitary code violations and state building code violations as recited in the defendant Town's pleadings and memoranda filed in this action.,and V Whereas,the Plaintiff had been warned on.multiple occasions over several years by the Defendant Board of Health to correct these violations and to insure that they not be repeated, and ' Whereas,the Plaintiff was ordered by the Board of Health on January 13;2015 to allow no new long-term tenants (more than 31 days)but the Plaintiff defied the Board and did so in.violation of that order, telling the new Iona-term tenants to tell Town officials that they had only been on site for"txvo or three weeks",and Whereas,the Plaintiff told the Board of Health on.April 7,2015 that she had complied with the January 13,2015 order,knowing full well that that representation was false, and y Whereas,the pleadings show that the Barnstable Police Department responded to calls for assistance at the motel some 222 times in the eighteen months preceding the Board hearings, including 17 disturbances, 10 harassment-related calls,two diuCT overdoses, six domestic assaults,and 5,drug purchases, among other incidents, and Whereas,the Plaintiff admits to the truth of the recitations above and of the factual content of the affidavits and pleadings filed by the Town in this action, and Whereas,the Plaintiff stipulates that the Board of Health had full legal authority and sufficient probable cause to exercise its sound discretion and refiise to renew the Plaintiff's motel license, and Whereas the Plaintiff has taken significant steps to bring the motel into conformity with all governing state and local statutes,regulations, and ordinances, and Whereas,the subject property has been subjected to vigorous inspections and has now passed those inspections, except as may be noted in Appendix A of this Agreement(the"punch list"),. and Whereas,the Plaintiff agrees (if applicable)to talce all steps necessary to complete the punch list prior to.final issuance of all permits, and Whereas,the pasties desire to resolve their differences and to see the motel returned to a licensed facility capable of servicing the legitimate needs of transient motorists-pursuant to the requirements of G.L. c. 140, Sections 32A, et seq, and Whereas;tlre-Plaint ff has,represenied-to-the-Town that it M®r ill soon receive foi7ilal fisezappr--ovalAc-operate tlib property_�asTa--"ICn ght's Inn", a di-\rision of the national Chtotel/motel-chaiii of the Wyndham Hotel Crroup;and Whereas, both parties agree that this franchise arrangement will assist the Plaintiff in soliciting . business of the motoring public and that the standards of performance,appearance,inspection, business practices, and oversight of the motel will benefit the general public and the interests sought to be.protected by the Board of Health, Now,therefore,the parties agree as follows: 1. The motel will be permitted to re-open as a licensed motel facility.in conformity with the conditions set forth below. a. The Plaintiff will demonstrate to the reasonable satisfaction of the Board of Health, with the advice of the Office of the Town Attorney, that is possesses a valid and current approval of the Wyndham Hotel Group d/b/a Knights Inn(subject to the conditions outlined by Knight's.Inn, including its requirement that the Plaintiff meet all Town conditions for issuance of a motel license and that Plaintiff has in fact met those conditions and is allowed to operate as a lawfiil motel subject to the terms and conditions contained in this Settlement Agreement as well in conformance with all applicable Town regulations, The Plaintiff shall take all steps necessary to open the motel under the Fright's Inn franchise,understands its obligations towards being a licensed franchise, and shall take all steps necessary, as a condition of issuance of a motel license,to meet the obligations required by the I'night's Inn within their normal course of issuance and approval as it arises under the terms and conditions enumerated therein). IuTtl7�`event°thatthe`ii otel'sTstatlls-as-a-Knlglit's Inn ffai civsee is spended or revoked for any reason,,tliePlaiiit ff agreesTtiiat=it will-immediately notify the Board:of Health of t'is a and Zvi-I him rnedi ate ly=cease-op re a uig as-2D <f�jnotel witho ut-irstnobtaining the approval of the Board-of Health-to:continuer resume-doing so. b. The Plaintiff will.meet with the Board of IIealth at tiv-ee,six, and twelve months following the issuance of the motel permit, and at least annually thereafter, to review its performance and conformity with all applicable State and local rules,regulations, and the terms of this agreement including, without limitation,those of the Board of Health and the West Barnstable Fire Department. c. Without limiting the foregoing conditions,the maximum stay that a motel guest will be allowed to remain on the property is 30 consecutive days and not more than 45 '. days total in any consecutive 9.0-day period, provided further that there shall be at least a 7-day hiatus between terms of occupancy. d. No cooking facilities including,without limitation,hot plates and to (except a microwave oven)shall be permitted at any time on the premises. e. The motel shall not be used for the purpose of immoral solicitation, immoral bargaining; or immoral conduct,including prostitution,drugs, or gambling. f'Motel management shall maintain a permanent registerair�wli chwhall'-be recorded the name and residence-of every person_engaging oraoccapyir�piiS�ate room.Posi identification in the form of a driver's license,passport,or govearunent-issued identification of every guest g a-rooin shall be photocopied before,a7room i rented and-shall--be.retained-by-management for nsTectio n by licensuig-autlzorrities, thdir-age�iits wd the police-upon demand g: Motel management shall act reasonably and swiftly to disperse loiterers or patrons. who congregate at the motel.Management shall actively monitor the exterior portions of the motel property for any evidence,of illegal activity,including drug dealing,drug, usage;or the improper disposal of drug paraphernalia on or adjacent to the motel property. Management shall.report any of these activities to the Barnstable Police immediately upon observing the same. h. Management shall also take immediate steps to solicit emergency medical response for any person on the property appearing to be ill, injured, or needing medical help. Management shall report all such calls for iiredical assistance to the Board of Health by phone and in writing within 24 hours of such a call. 1 i. Management shall allow representatives of the Building Cotntnissioner,Bnard of Health,West Barnstable Fire Department,and the Barnstable Police to conduct a physical inspection of the property without prior notice.A refusal to allow the same shall be cause for immediate.revocation of this license. j. A breach of any of these conditions or of any statute, rule,or ordinance relating to the operation of the motel shall be cause for immediate revocation of this license. 2.The Plaintiff,for good and valuable consideration,the receipt and sufficiency thereof being hereby acknowledged,waives,releases, and forever discharges the Town, its employees, volunteers_,hoard ruembers,agents, servants and any other party acting on behalf of the Town from any and all claims and causes of action of any nature whatsoever related to the proceedings and matters raised, or those which could have been raised,in this action. 3.The Town,for good and valuable consideration,the receipt and sufficiency thereof being hereby acknowledged,waive,release, and forever discharge the Plaintiffs from any and all claims and causes of action of any nature whatsoever related to tine proceedings and matters raised, or those which could have been raised, in this action. 4. This Settlement Agreement shall have independent legal significance as a contract between the Parties and may be enforced by either party in an action at law or in equity. 5.Each party to this Agreement will pay its respective a t t o rn e y s' fees, expenses a n d costs incurred in connection with all aspects of the matter. 6. This Agreement is to be interpreted a n d enforced under the- laws of the. Conunonwealth of Massachusetts. 7.Upon full execution of this Agreement for Judgment,the Parties shall deposit the same with the Court and shall join is a motion requesting that the Court adopt the conditions herein and order that the parties comply with the terms of this Agreement for Judgment. 8. Upon issuance of such order from the Superior Court,the Plaintiff shall cause a copy of the ordento be recorded in the Barnstable County registry of Deeds against the motel property and shall thereafter deliver a attested copies of the recorded order to the Office of the Town.Attorney, the Barstable Building Commissioner,the Barnstable Board of Health,the Barnstable Police Department,and the West Barnstable Fire Department. Witness our hands and seals at.Barnstable this 02ay of October 2016. a Town of Ba istable,by Jintendra Patel, Trustee and Individually, IMarklls,To Manager Jintendra Patel Appendix A 1. A report of the West Barnstable Fire Department dated October 12, 2016. 2. A report of the Barnstable Building Commissioner dated October 19, 2016 and September 13, 2016 3. A report of the Barnstable Board of Health dated October 11,2016. , CERTIFICATE OF SERVICE I hereby certify that I have on this date caused a duplicate copy of the Joint Motion for Entry of Judgment to be mailed,postage prepaid,to all parties of record by First Class Mail. Susan J. Robbins Legal Assistant TOWN OF BARNSTABLE 367 Main Street,New Town Hall Hyannis,MA 02601-3907 (508) 862-4620; (508) 862-4724 Fax Dated: March 30, 2017 w 1 COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. MASSACHUSETTS TRIAL COURT BARNSTABLE SUPERIOR COURT DIVISION DOCKET NO.: 1572CV00243 JINTENDRA PATEL, TRUSTEE, NEW CRAIGVILLE MOTEL REALTY TRUST VS. TOWN OF BARNSTABLE, BOARD OF HEALTH, and WAYNE MILLER, M.D., PAUL CANNIFF, D.M.D. and JUNICHI SAWAYANGI, as they comprise the members of the Board of Health Respondents. SETTLEMENT AGREEMENT Whereas, the Plaintiff operated the property which is the subject of this action as the "Craigville Motel" (the"motel") for many years, and Whereas,the Plaintiff's operation of the motel created a lengthy history of multiple state sanitary code violations and state building code violations as recited in the defendant Town's pleadings and memoranda filed in this action, and Whereas, the Plaintiff had been warned on multiple occasions over several years by the Defendant Board of Health to correct these violations and to insure that they not be repeated, and Whereas,the Plaintiff was ordered by the Board of Health on January 13, 2015 to allow no new. long-term tenants (more than 31 days)but the Plaintiff defied the Board and did so in violation of that order,telling the new long-term tenants to tell Town officials that they had only been on site for"two or three weeks", and Whereas,-the Plaintiff told the Board of-Health on April 7, 2015 that she had complied with the --------— - January 13, 2015 order, knowing full well that that representation was false, and i Whereas, the pleadings show that the Barnstable Police Department responded to calls for assistance at the motel some 222 times in the eighteen months preceding the Board hearings, including 17 disturbances, 10 harassment-related calls,two drug overdoses, six domestic assaults, and 5 drug purchases, among other incidents, and Whereas, the Plaintiff admits to the truth of the recitations above and of the factual content of the affidavits and pleadings filed by the Town in this action, and Whereas, the Plaintiff stipulates that the Board of Health had full legal authority and sufficient probable cause to exercise its sound discretion and refuse to renew the Plaintiff's motel license, and Whereas the Plaintiff has taken significant steps to bring the motel into conformity with all governing state and local statutes, regulations, and ordinances, and Whereas, the subject property has been subjected to vigorous inspections and has now passed those inspections, except as may be noted in Appendix A of this Agreement(the "punch list"), and Whereas, the Plaintiff agrees (if applicable)to take all steps necessary to complete the punch list prior to final issuance of all permits, and Whereas, the parties desire to resolve their differences and to see the motel returned to a licensed facility capable of servicing the legitimate needs of transient motorists pursuant to the requirements of G.L. c. 140, Sections 32A, et seq, and Whereas, the Plaintiff has represented to the Town that it has or will soon receive formal franchise approval to operate the property as a"Knight's Inn", a division of the national hotel/motel chain of the Wyndham Hotel Group, and Whereas,both parties agree that this franchise arrangement will assist the Plaintiff in soliciting business of the motoring public and that the standards of performance, appearance, inspection, business practices, and oversight of the motel will benefit the general public and the interests sought to be protected by the Board of Health, Now, therefore, the parties agree as follows: 1. The motel will be permitted to re-open as a licensed motel facility in conformity with the conditions set forth below. a. The Plaintiff will demonstrate to the reasonable satisfaction of the Board of Health, with the advice of the Office of the Town Attorney, that is possesses a valid and ` current approval of the Wyndham Hotel Group d/b/a Knights Inn(subject to the conditions outlined by Knight's Inn , including its requirement that the Plaintiff meet all Town condition§-for'is§uance of a motel licenseand that Plaintiff has in fact met _ those conditions and is allowed to operate as a lawful motel subject to the terms and conditions contained in this Settlement Agreement as well in conformance with all applicable Town regulations. The Plaintiff shall take all steps necessary to open the motel under the Knight's Inn franchise, understands its obligations towards being a licensed franchise, and shall take all steps necessary, as a condition of issuance of a motel license,to meet the obligations required by the Knight's Inn within their normal course of issuance and approval as it arises under the terms and conditions enumerated therein). In the event that the motel's status as a Knight's Inn franchisee is suspended or revoked for any reason,the Plaintiff agrees that it will immediately notify the Board of Health of this fact and will immediately cease operating as a motel without first obtaining the approval of the Board of Health to continue or resume doing so. b. The Plaintiff will meet with the Board of Health at three;six, and twelve months - following the issuance of the motel permit, and at least annually thereafter,to review its performance and conformity with all applicable State and local rules,regulations, and the terms of this agreement including, without limitation, those of the Board of Health and the West Barnstable Fire Department. c. Without limiting the foregoing conditions, the maximum stay that a motel guest will be allowed to remain on the property is 30 consecutive days and not more than 45 days total in any consecutive 90-day period,provided further that there shall be at least a 7-day hiatus between terms of occupancy. d. No cooking facilities including,without limitation,hot plates and toasters/ovens (except a microwave oven) shall be permitted at any time on the premises. e. The motel shall not be used for the purpose of immoral solicitation, immoral bargaining, or immoral conduct, including prostitution, drugs, or gambling. f. Motel management shall maintain a permanent register in which shall be recorded the name and residence of every person engaging or occupying a private room. Positive identification in the-form-of a-driver's license,-passport;or government=issued - identification of every guest renting a room shall be photocopied before a room is rented and shall be retained by management for inspection by licensing authorities, their agents, and the police upon demand. g. Motel management shall act reasonably and swiftly to disperse loiterers or patrons who congregate at the motel. Management shall actively monitor the exterior portions of the motel property for any evidence of illegal activity, including drug dealing, drug usage, or the improper disposal of drug paraphernalia on or adjacent to the motel property. Management shall report any of these activities to the Barnstable Police immediately upon observing the same. h. Management shall also take immediate steps to solicit emergency medical response for any person on the property appearing to be ill, injured, or needing medical help. Management shall report all such calls for medical assistance to the Board of Health —- `- -by phone and iri writing"within-24 haurs-of such a call. - --� i i. Management shall allow representatives of the Building Commissioner, Board of Health, West Barnstable Fire Department, and the Barnstable Police to conduct a physical inspection of the property without prior notice. A refusal to allow the same shall be cause for immediate revocation of this license. j. A breach of any of these conditions or of any statute, rule, or ordinance relating to the operation of the motel shall be cause for immediate revocation of this license. 2. The Plaintiff, for good and valuable consideration, the receipt and sufficiency thereof being hereby acknowledged,waives,releases, and forever discharges the Town, its employees, volunteers, board members, agents, servants and any other parry acting on behalf of the Town from any and all claims and causes of action of any nature whatsoever related to the proceedings and matters raised, or those which could have been raised, in this action. 3. The Town, for good and valuable consideration,the receipt and sufficiency thereof being hereby acknowledged,waive, release, and forever discharge the Plaintiffs from any and all claims and causes of action of any nature whatsoever related to the proceedings and matters raised, or those which could have been raised, in this action. 4. This Settlement Agreement shall have independent legal significance as a contract between the Parties and may be enforced by either party in an action at law or in equity. 5. Each party to this Agreement will pay its respective attorneys' fe e s , expenses and costs incurred in connection with all aspects of the matter. 6. This Agreement is to be interpreted a n d enforced u n d e r the laws of the Commonwealth of Massachusetts. 7. Upon full execution of this Agreement for Judgment, the Parties shall deposit the same with the-Court-and-shall-join in-a motion requesting that the-Court-adopt the-conditions-herein and order that the parties comply with the terms of this Agreement for Judgment. 8. Upon issuance of such order from the Superior Court, the Plaintiff shall cause a copy of the order to be recorded in the Barnstable County registry of Deeds against the motel property and shall thereafter deliver a attested copies of the recorded order to the Office of the Town Attorney, the Barnstable Building Commissioner,the Barnstable Board of Health, the Barnstable Police Department, and the West Barnstable Fire Department. Witness our hands and seals at Barnstable this day of October 2016. Town of Barnstable, by Jintendra Patel, Trustee and Individually, �' Mark S. Ells, Town Manager Jintendra Patel �N Town of Barnstable ��$m Board of Health _ 4'pr16 .59.��'� 200 Main Street,Hyannis MA 02601 Paul J.Canniff,D.M.D. Office: 508-862-4644 Donald A.Guadagnoli,M.D. FAX: 508-790-6304 John T.Norman F.P.(Tom)Lee,Alternate January 27, 2019 Mr. Dilip Patel Knights Inn/Craigville Motel 8 Shootflying Hill Road Centerville, MA 02632 RE NOTICE OF SHOW CAUSE HEARING Violation::; Agreement Dear Mr. Patel: You are scheduled to appear before the Board of Health on Tuesday, February 26, 2019 at 3:00 p.m. at the Barnstable Town Hall, in the second floor Hearing Room, 367 Main Street, Hyannis, for a Show-Cause Hearing. This hearing will be held to provide you an opportunity to show-cause why your motel permit should not be suspended or revoked due to your failure to uphold the Settlement Agreement dated October 24, 2016 with regard to ensuring customers do not stay more than 30 days, and in regard to following procedures established to ensure this does not happen.. During the inspection of - January 24, 2019, violations of three customers who had stayed longer than 30 days were found on the register: (1) James Brown stayed 80 nights from October 9, 2018 to January 5, 2019, (2) Jimmy Crowson stayed 31 consecutive nights from September 2, 2018 through October 10, 2018, and (3)Nicho,Nicolas,Nick, Chuck Nicolas—multiple entries of these names without any identification records (no picture ID, no address); this person stayed in the same Room#132 multiple dates from September 17, 2018 to January 4, 2019 for a total of 34 nights. These violations were noted by Health Inspector Donna Miorandi, R.S. and Thomas McKean,Director. During this hearing, you will have an opportunity to be heard, present witnesses, and provide documentary evidence pertinent to this case. PER ORDER OF THE BOARD OF HEALTH Thom s VeKean Ageni for the Board of Zlth--- Q\Order letters\SHOW CAUSE Letters and,Samples\Knights Inn-Craigvill Motel ShowC FEB 262019.doc r � 02,1 lo�( Miorandi, Donna From: Dave Paananen <dpaananen@westbarnstablefire.com> Sent: Thursday,January 31, 2019 4:47 PM To: Miorandi, Donna Subject: 8 Shootflying Hill Road Hi Donna, The following is a list of times we responded to medical calls at the motel after the agreement.You can check and see if they reported any of them. 01/16/2019 overdose no patient, patient left before arrival. 12/02/2018 fall assist no transport 10/11/2018 unresponsive refusal 06/01/2018 diabetic canceled by PD 09/01/2017 priority 2 medical transported Thank you, Dave CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open attachments or reply, unless you recognize the sender's email address and know the content is safe! 1 { 9� BL& Town of Barnstable �A 1639. Barnstable Regulatory Services Public Health Division A" Thomas McKean,Director I I I I 200 Main Street 2007 Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 Certified Mail#7015 1730 0001 4990 3431 July 17,2017 Ms. Jitendra(Tara) Patel Craigville Motel 8 Shootflying Hill Road Centerville,MA 02632 RE: Craigville Motel, 8-Shootflymg Hill Road, Centerville 'A 234 OS9 NOTICE TO:APPEAR_BEFORE THE BOARD OF HEALTH TUESDAY DULY.1 20.17,3 00 PM f _ Dear Ms. Patel: The 2017 settlement agreement contained various reporting and review dates where the Craigville Motel property owner is required to meet with the Board of Health at three, six, and twelve months intervals after the issuance of the permit. Therefore, you are hereby notified that you are scheduled to appear before the Board of Health on Tuesday,July 25,2017 at 3:00 p.m. at the Town Hall Building,second floor,Hearing Room,367 Main Street,Hyannis. During this hearing, you.will be given an opportunity to provide testimony in regards to action steps that you've taken to ensure the motel occupancy has been limited to transient motorists and information relative to health,building, and fire code compliance. You are required to provide demonstration of full compliance with all aspects of the settlement agreement and Court Order in this matter. PER ORDER OF BOARD OF HEALTH Thomas McKean,RS, CHO Director of Public Health . Q:ORDER LETTERS/HOUSING AND MOTELS/Craigville Motel July 2017.docx �,Tz� ! A Sousa, Vanessa_, From: Crocker, Sharon Oent: Wednesday, July 19, 2017 9:24 AM To: Sousa,Vanessa Subject: FW: Motel FYI Tom had me contact "Craigville Motel"to verify name so he could assign current inspector to view it before BOH meeting. They said their sign and their official name is now"Knights inn" I updated the motel database as Knight's Inn (aka Craigville Motel) so can search both ways still. Sharon 1 EXCERPT FROM THE BOARD OF HEALTH MEETING MINUTES ON OCTOBER 25, 2016: I. Craigville Motel: Possible approval of litigation settlement agreement. Town Attorney Ruth Weil stated that there is a settlement agreement which has been signed by the applicant and addresses the issuance of the motel license and Attorney Weil asked the Board to recommend the settlement agreement to the Town Manager. In the agreement, it states the license will be held in escrow, even though issued, because there area number of violations to be fixed. There are four reports (Appendix A) listing the violations: the West Barnstable Fire Department report, the Building Commissioner's reports dated October 19, 2016 and September 13, 2016, and the Board of Health's report dated October 11, 2016. The Wyndham Hotel chain will allow the franchise process to move forward provided the license is issued - even if held in escrow. The Fire Department has already seen the agreement. Attorney Connors, representing Craigville Motel, explained the workings of this franchise. ' The Wyndham Chain (umbrella company) and Knight's Inn (label) is recognized as a `seal of approval' and is used as a marketing tool. The owners remain the same. As a franchise, the motel must keep up Wyndham's standards. They will have certain requirements for standardization to be met within the initial six months. There will be an inspection at the two year point and annually, thereafter. The license would be held in escrow until the November 22, 2016 meeting at which time, a determination of whether all the violations have been corrected or whether another meeting is needed. Dr. Guadagnoli suggested the motel be limited to one final meeting if all corrections have not been made by the November 22nd meeting as the Board has been:dealing with them for years. Attorney Connors reminded the Board, the applicant has invested hundreds of thousands of dollars to bring it into compliance to date and the Building Department has asked to have a structural engineer check the property. Attorney Connors suggested moving the next meeting to January 24, 2017. Dr. Canniff moved that: . I Q:\MINUTES\EXCERPT-MULTIPLE Hearings\CRAIGVILLE MOTEL\Excerpt BOH Oct 2016 Craigville Motel.doc I F 4 (Part 1) the Board approve the settlement agreement of Barnstable Superior Court Action 1572CZ-0024) and that the Board recommend approval thereof to the Town Manager, and further move that the Board approve a motel license for the petitioner's property at 8 Shootflying Hill Road, Centerville, doing business as the Craigville Motel. Dr. Canniff further moved that: (Part II) the motel license be held by the Board of Health staff until (a) all punch list items (described in Exhibit A) in the settlement agreement have been corrected and that no additional discrepancies are noted at the property; and (b) there have been full compliance with the settlement agreement regarding the Knight's Inn franchise. Mr. Sawayanagi seconded the motion. The Board voted unanimously in favor. a Q:\MINUTES\EXCERPT-MULTIPLE Hearings\CRAIGVILLE MOTEL\Excerpt BOH Oct 2016 Craigville Motel.doc r , I COASTAL engineering co. December 20,.2016 Project No. C17011.02 Mr. Dilip Patel S Shoot Flying Hill Road Centerville, MA 02630 c/o Attorney Jamie Connors VIA EMAIL: jpconnorsatty(a)gmail.com RE: Craigville Motel Shoot Flying Hill Rd,Centerville, MA Structural Conditions Assessment Dear Mr. Patel: Pursuant to your request and subsequent authorization, personnel from Coastal Engineering Co., Inc. (CEC) visited the site of the referenced property on Tuesday, December 13, 2016 at approximately 10:00 AM, to investigate the structural condition of the referenced motel building. The purpose of this investigation was to examine the existing building for structural adequacy and to assess the existing structure relative to building code compliance for life-safety concerns with respect to the cited potential issues with the structure. Field measurements and hand drawn sketches of the existing framing were obtained along with photo documentation of the existing structure while on site. Accordingly, the following is a summary of our findings: General Description The existing building.is a two level, wood frame structure housing approximately (33) motel rooms, split on two levels, and a two story motel office unit housing a first floor front office with an upper floor on-site manager's apartment. The building is "C" shaped in plan, with the center section running parallel with street and two "wings" on the east and west end running perpendicular to the center portion of the building. The building lot is relatively level on street level, but slopes off toward the back of the lot, creating a two level "walk-out" at the lower level in the center section of the facility. The structure is conventional light-frame wood construction with a shallow concrete block, concrete masonry unit (CMU) foundation under the wings and most of the central portion of the building. The section under the office space appears to be cast-in- place concrete foundation. The main level corresponds to the upper grade at the main entry L•. _ r Croigville Motel December 20, 2016 and the lower level corresponds with the rooms that can only be accessed from the backside of the building, and are respectively hereafter referred to as "Upper Floor" and "Lower Floor" levels. As described above, the east and west wings of the structure.are of a single-story structure, with rooms directly accessed from the main parking area on the Upper Level and an at grade access at the Lower Level. The structure is light-frame wood construction, consisting of wood frame bearing walls, roofs and floors that are conventionally stick framed, with floor joists and roof rafters spanning the short building dimension, clear spanning from front to back of the motel units. The crawl space under the first floor is accessed through several framed block wall openings located in each wing. The foundations are composed of four courses of 8" CMU supported on a continuous 16"wide concrete footing. The central portion of the structure is two stories tall by virtue of the sloping lot. The Main Office/Manager's Apartment is two stories above the main parking level, making it a three level unit by virtue of the "walk- out" at the Lower Level. Excluding the main office, the central portion consists of guest rooms on both the Upper and Lower Level. The roof structure is accessible through an attic access door located above the Main Office. The attic, which is used primarily for storage, reveals the roof structure, which is framed with 2x6 common rafters spaced at 24 inches on center. The rafters are framed as a simple gable, with a 9:12 pitch. The rafters are supported by bearing walls at the front and back of the building with a central ridge board and collar ties that span the width of the structure. The attic floor/ceiling joist are also 2x6 construction, spanning the same direction as the roof rafters, with intermittent "purlins" and knee wall studs spaced parallel the spine of the building in both rafter bays. The floors are framed with full dimension 2x12 floor joist spanning from front to back of the building, in alignment with the roof rafters and ceiling joist framing in the roof above. The Lower Level floor is a concrete slab on grade constructed over a shallow foundation. Some areas along the east and west wing of the building show grade elevation relatively close to the sill plate elevation, particularly along the back walls closest to the street. The foundation of most of the central portion is composed of CMU on a continuous concrete spread footing,whereas the main office unit appears to be founded on cast-in-place concrete foundation, with the slab grade elevation relatively close to the parking grade elevation. Observations The framing of the building appeared to be intact and performing adequately. In the attic, the roof framing showed no signs of duress or deterioration of any of the members observed. The structure appears to have been reinforced with a mid-span 2x4 continuous horizontal purlin and stud supports placed at the rafter mid-span at some point to stiffen the roof framing. Likewise, the ceiling joist that form the attic floor appear sound,with-no visible signs of deflection or stress cracks in the ceilings that would be typical if any of the members were overstressed I Croigville Motel December 20,2016 The Upper Level floors, which are framed with full dimension 2x12's (D 16" o.c. that clear span the entire building width, also appeared to be in good condition, with no visible signs of overstress or deflection in any of the units observed. The foundations appear to be intact for the most part, barring some minor cracking observed in the concrete block mortar joints. The most noticeable of these cracks is in the cast-in-place foundation wall under the backside of the main office. This crack runs transverse to the foundation and is localized to the one building corner, extending several feet along length of the wall. The crack appears to have been there for some time as evident from the weathering and staining along the surface and depth of the crack. There is also a vertical crack at the same wall which could be a result of differential settlement of the structure. The other cracks, in the CMU walls, appeared to be primarily minor settlement or shrinkage cracks and represented no significant threat to the stability of the structure. A laser level was utilized to check for significant differential settlement along the length of the structure. The result obtained was that the elevations of the finished floors of the rooms on the lower level varied by no more than inch total. The exterior grade along the backside of both wings of the building was built up from sedimentation and leaf clutter accumulation over the years, resulting in some deterioration of the exterior siding that is in close proximity to the ground. Some deterioration was also noted at the exterior trim in several locations, including around individual room A/C wall units, at corner,trim locations at gutter facia boards. Missing shingles were also observed in several locations. Comments and Recommendations Overall, the existing building is in fair condition and structurally sound, with no major defects observed. The building shows no major structural issues, with only minor repairs and ordinary maintenance required to upkeep the structure. The crack in the rear structure appears to have been there for some time. Possible causes may be attributable to poor quality control in the original construction,accidental impact during snow plowing operations, freeze thaw expansion due to water migration into the foundation to slab construction joints and long term wear and tear on the structure. Nonetheless, the overall foundation of the building appears to be generally plumb and true, with no visible signs of settlement or structural failure observed. Laser level measurements obtained indicate that minor differential settlement in the building is within reasonable standards for this type of construction. This difference could easily be attributed to variations in the original construction or slight long term settlement over time, but in any case, the differential settlement is not significant and should not pose a risk to the structure or present any life safety.issues. In view of the above, based on our assessment of the existing structure, it is determined that the existing building is structurally sound and does not pose a public safety risk in its present condition. Craigville Motel December 20, 2016 Recommendations to maintain the building in good repair include: 1. Clear out leaf clutter from around the building perimeter and remove excess fill material built up against-the building perimeter to ensure a minimum of eight inches (8") of standoff between the siding and the exterior grade; 2. Repair cracks in the CMU mortar joints by retooling failed mortar and repointing with a stiff portland cement mortar mixture that is compatible with the existing CMU; 3. Repair cracks in the concrete foundation by gouging out the deteriorated sections of the concrete surrounding the crack and injecting a suitable epoxy modified repair mortar into the crack, then coating the entire exposed concrete surface with a crystalline modified parging cement; 4. Repair or replace damaged siding, trim and facia boards, repair and damaged wood substrate and repaint to protect against long term deterioration. Please let us know if you have any questions concerning this report. Very truly yours, COASTAL ENGINEERING CO., INC. John A. Bologna, P.E. Lucas M. Roy President Project Engineer Enclosure: Photo documentation JAB/LMR/kvp D:\DOC\C17000\17011.02\Doc-Out\2016-12-20 Structural Report.docx i e tF 8 si 1 v^ i b i 1 v , �,_ .; �.� `__'r..<` .e ___ — S �� _ � _ .� / rr ._+�—e._ � R c �" Y'. I x. �� ...-q,. ..-_ .�. F Yy �� .. �1 r �fv i 4, t x i J - ) c :, ,., � „,.. r+ ,�--- -- _ _ _ A.y �- �_ — _ _ v- � �-. � _ _ y' a �1;. _ _ �.� � � �, i . . . i 9 � `q�l � /��e.•�. �i�.���`',w,-q RN G% Ali e 3 ` Jr, ..:Awe_ fir, ,�' �,4�„�• � / __�...T'ir, s a^� �Vl `u f = voca— �t lr , . >_ r y _ -C'�' 3��r <9 vm'2 �•;�' es�r �Y w4v >�. ..*x. �� r t rr �� 4>,�xs, h3'4 r �'J �ar'Y;, '.''�i 7 ^ar., i`��IL,,� vc+` 'Y�3n">`,;,°,✓MY.•,{' k`�'� ,4 t y -'ti any '£s,� ��'��+-��"-} �I a;«'4 t3' �'�", t ?: � 'i 5r/f 5g, r NN r P t ?.h��`y3� y 1 j?y�i t. l " r '3' To:West Barnstable Fire Dept.Attn: Chief Paananen From: Ralph Crossen Subject: Inspection at Craigville Motel Date: 10-31-16 I am the professional consultant working with Attorney Connors and the Craigville Motel owners.We have been working with the motel owners to get their motel cleaned up and code compliant so they can reopen soon. There has been a significant amount of upgrades and today.I want to address your letter of 10-12- 2016 and the corrections made. By this letter I want to inform you that all conditions concerning fire wall penetrations and draft stopping wall penetrations in the attics have been corrected. All openings have been properly closed with flame resistant foam in compliance with current building code procedures. Also by the end of today Baltic security will have finished making all corrections to the alarm system including new pull station devices and notification horns as pointed out by you on your letter.All cleaning supplies and liquids with chemical contents have been removed as requested by you and finally all smoke detectors with low batteries have been changed. Many of the rest of your concerns have already been corrected and re-inspected such as the beds not being flush,the blinds having new safety clips installed,the couch being removed,and cleaning items being removed from the attics. All other items pointed out by you that are building code issues will be directed to the Building Department including questions of cut lumber that you question as potentially structural concerns, Electrical concerns and the leak at one sink,egress doors that stick in two rooms I am requesting a re-inspection of all 527 CMR items listed in paragraph 2 above by you ASAP. Attached are new pictures showing the work on the fire walls and draftstopping for your review.Thank You in advance for your action. Ralph Crossen Cc:Attorney james p. connors Craigville motel owners � ; 6�� � . : ,2��� �\�.� : . °�.�yr � � � , � . 2� ,�y��,.�� Q . ����? . � � � � ���2 � �1 �: � / . �» ��� � \ d� � ��~ � ;������^ � \ . <\}����\� ` . � � < .»zm . � � � is . , » ........... y7� 22 ~� \ COASTAL engineering co. December 20, 2016 Project No. C17011.02 Mr. Dilip Patel 8 Shoot Flying Hill.Road Centerville, MA 02630 c/o Attorney Jamie Connors VIA EMAIL:jpconnorsatty(@gmail.com RE: Craigville Motel Shoot Flying Hill Rd,Centerville,MA Structural Conditions Assessment Dear Mr. Patel: Pursuant to your request and subsequent authorization, personnel from Coastal Engineering Co., Inc. (CEC) visited the site of the referenced property on Tuesday, December 13, 2016 at approximately 10:00 AM, to investigate the structural condition of the referenced motel building.The purpose of this investigation was to examine the existing building for structural adequacy and to assess the existing structure relative to building code compliance for life-safety concerns with respect to the cited potential issues with the structure. Field measurements and hand drawn sketches of the existing framing were obtained along with photo documentation of the existing structure while on site.Accordingly, the following is a summary of our findings: General Description The existing building is a two level,wood frame structure housing approximately (33) motel rooms, split on two levels, and a two story motel office unit housing a first floor front office with an upper floor on-site manager's apartment.The building is "C" shaped in plan,with the center section running parallel with street and two "wings" on the east and west end running perpendicular to the center portion of the building.The building lot is relatively level on street level, but slopes off toward the back of the lot, creating a two level "walk-out" at the lower level in the center section of the facility.The structure is conventional light-frame wood construction with a shallow concrete block, concrete masonry unit(CMU)foundation under the wings and most of the central portion of the building.The section under the office space appears to be cast-in- place concrete foundation. The main level corresponds to the upper grade at the main entry �a at Orleans I Sandwich INa.ntucket a c i Croigville Motel December 20,2016 and the lower level corresponds with the rooms that can only be accessed from the backside of the building, and are respectively hereafter referred to as"Upper Floor" and "Lower Floor" levels. As described above, the east and west wings of the structure are of a single-story structure, with rooms directly accessed from the main parking area on the Upper Level and an at grade access at the Lower Level.The structure is light-frame wood construction, consisting of wood frame bearing walls, roofs and floors that are conventionally stick framed, with floor joists and roof rafters spanning the short building dimension, clear spanning from front to back of the motel units.The crawl space under the first floor is accessed through several framed block wall openings located in each wing.The foundations are composed of four courses of 8" CMU supported on a continuous 16"wide concrete footing. The central portion of the structure is two stories tall by virtue of the sloping lot. The Main Office/Manager's Apartment is two stories above the main parking level, making it a three level unit by virtue of the "walk- out" at the Lower Level. Excluding the main office,the central portion consists of guest rooms on both the Upper and Lower Level. The roof structure is accessible through an attic access door located above the Main Office.The attic,which is used primarily for storage, reveals the roof structure, which is framed with 2x6 common rafters spaced at 24 inches on center. The rafters are framed as a simple gable, with a 9:12 pitch.The rafters are supported by bearing walls at the front and back of the building with a central ridge board and collar ties that span the width of the structure.The attic floor/ceiling joist are also 2x6 construction, spanning the same direction as the roof rafters, with intermittent"purlins" and knee wall studs spaced parallel the spine of the building in both rafter bays.The floors are framed with full dimension 2x12 floor joist spanning from front to back of the building, in alignment with the roof rafters and ceiling joist framing in the roof above. The Lower Level floor is a concrete slab on grade constructed over a shallow foundation. Some areas along the east and west wing of the building show grade elevation relatively close to the sill plate elevation, particularly along the back walls closest to the street. The foundation of most of the central portion is composed of CMU on a continuous concrete spread footing, whereas the main office unit appears to be founded on cast-in-place concrete foundation, with the slab grade elevation relatively close to the parking grade elevation. Observations The framing of the building appeared to be intact and performing adequately. In the attic, the roof framing showed no signs of duress or deterioration of any of the members observed.The structure appears to have been reinforced with a mid-span 2x4 continuous horizontal purlin and stud supports placed at the rafter mid-span at some point to stiffen the roof framing. Likewise,the ceiling joist that form the attic floor appear sound, with no visible signs of deflection or stress cracks in the ceilings that would be typical if any of the members were overstressed. Craigville Motel December 20, 2016 The Upper Level floors,which are framed with full dimension 2x12's (al 16"o.c.that clear span the entire . building width, also appeared to be in good condition, with no visible signs of overstress or deflection in any of the units observed. The foundations appear to be intact for the most part, barring some minor cracking observed in the concrete block mortar joints. The most noticeable of these cracks is in the cast-in-place foundation wall under the backside of the main office. This crack runs transverse to the foundation and is localized to the one building corner, extending several feet along length of the wall.The crack appears to have been there for some time as evident from the weathering and staining along the surface and depth of the crack. There is also a vertical crack at the same wall which could be a result of differential settlement of the structure. The other cracks, in the CMU walls, appeared to be primarily minor settlement or shrinkage cracks and represented no significant threat to the stability of the structure. A laser level was utilized to check for significant differential settlement along the length of the structure.The result obtained was that the elevations of the finished floors of the rooms on the lower level varied by no more than% inch total. The exterior grade along the backside of both wings of the building was built up from sedimentation and leaf clutter accumulation over the years, resulting in some deterioration of the exterior siding that is in close proximity to the ground. Some deterioration was also noted at the exterior trim in several locations, including around individual room A/C wall units, at corner trim locations at gutter facia boards. Missing shingles were also observed in several locations. Comments and Recommendations Overall, the existing building is in fair condition and structurally sound, with no major defects observed.The building shows no major structural issues, with only minor repairs and ordinary maintenance required to upkeep the structure.The crack in the rear structure appears to have been there for some time. Possible causes may be attributable to poor quality control in the original construction, accidental impact during snow plowing operations, freeze thaw expansion due to water migration into the foundation to slab construction joints and long term wear and tear on the structure. Nonetheless,the overall foundation of the building appears to be generally plumb and true, with no visible signs of settlement-or structural failure observed. Laser level measurements obtained indicate that minor differential settlement in the building is within reasonable standards for this type of construction. This difference could easily be attributed to variations in the original construction or slight long term settlement over time, but in any case, the differential settlement is not significant and should not pose a risk to the structure or present any life safety issues. In view of the above, based on our assessment of the existing structure, it is determined that the existing building is structurally sound and does not pose a public safety risk in its present condition. Craigville Motel December 20,2016 Recommendations to maintain the building in good repair include: 1. Clear out leaf clutter from around the building perimeter and remove excess fill material built up against the building perimeter to ensure a minimum of eight inches (8") of standoff between the siding and the exterior grade; 2. Repair cracks in the CMU mortar joints by retooling failed mortar and repointing with a stiff portland cement mortar mixture that is compatible with the existing CMU; 3. Repair cracks in the concrete foundation by gouging out the deteriorated sections of the concrete surrounding the crack and injecting a suitable epoxy modified repair mortar into the crack,then coating the entire exposed concrete surface with a crystalline modified parging cement; 4. Repair or replace damaged siding,trim and facia boards, repair and damaged wood substrate and repaint to protect against long term deterioration. Please let us know if you have any questions concerning this report. Very truly yours, COASTAL ENGINEERING CO., INC. John A. Bologna, P.E. Lucas M. Roy President Project Engineer Enclosure: Photo documentation JAB/LMR/kvp D:\DOC\C17O00\17011.02\Doc-Out\2016-12-20 Structural Report.docx COASTAL engineering Co. January 11, 2017 Project No. C17011.02 Mr. Dilip Patel 8 Shoot Flying Hill Road Centerville, MA 02630 c/o Attorney Jamie Connors VIA EMAIL: jpconnorsatty(@gmail.com RE: Craigville Motel Shoot Flying Hill Rd,Centerville,MA Structural Conditions Assessment Dear Mr. Patel: As a follow up to my letter, dated December 12, 2016, 1 revisited the site with Mr. David Paananen, from the Town of Barnstable to re-examine the back wall area. As discussed on site with Mr. Paananen, the back wall is out of plumb several inches, and although unsightly, does not constitute a structural concern at this time. From my observations, it appears that some displacement at the top of may have occurred in the original construction as a result of the unbalanced earth pressure on the front foundation. Earth pressure loads, transmitted through the floor diaphragm, met little resistance at the back wall, which likely resulted is some displacement in the stud frame wall. Lateral earth loads on the front foundation eventually stabilized and redistributed through the floor diaphragm into the demising walls located between motel rooms, which act as buttresses to retain any further movement in the wall. Upon close examination of the exterior back walls,there was no evidence that the bottom or top of the wall was dislodged or disconnected from the building frame as a result of any other physical impact force imposed on the structure. The bottom sill plate appears to be attached and aligned with the CMU foundation as evident by the consistent reveal of the exterior wall sheathing with respect to the CMU foundation, and interior walls showed no evidence of vehicle impact or damage to the structure. Regardless the cause of the out of plumb walls, it is apparent that the back wall has been in the same condition for a number of years as evident by the built out case work around the doors and windows and interior the work that was padded out to accommodate the uneven walls. In view of the above, it is my professional opinion that the existing building is structurally sound and does not present a risk to public safety in its present condition, subject to the recommendations identified in my previous report, with the caveat that this situation be monitored for a period of no less than one year, and that any changes in the conditions noted be brought to my immediate attention for further examination if necessary. I Craigville Motel January 11, 2017 Very truly yours, COASTAL ENGINEERING CO., INC. 515- John A. Bologna, P.E. President JAB/kvp 0.\DOC\CI7000\17011.02\Doc-Out\Follow Up Letter 2017-01-11doc EXHIBIT "B" RALPH CROSSEN CHECKLIST r REPORT OF INSPECTIONS AND CHANGES TO CRAIGVILLE MOTEL 9-1-16 Over the past 10 days, I have been personally involved in the repairs of the motel units Numbers 1-32, These repairs focused on the report from Don Desmarais dated 7-28- 2016. In addition to items documented in this report, I had repair people go through every other room looking for similar issues for correction. Many were found and also corrected. All defects relating to windows including bad windows, cracked windows,tight fitting screens and working locks have been addressed. All applicable sections of 105 CMR 410 including: 410.250 (A), 410.480 (E), and weather tightness in accordance with 410.501 have been met. Many new windows were installed and many older ones were painted, glass scraped clean and new locks put on. My inspection of all windows meet all the above sections of 105 CMR 410. Hot water was checked at all sinks and all showers. With a licensed plumber present many shower valves were adjusted, and two were actually changed. After all were checked for the second time, all passed and all temperatures were documented at between 110 degrees and 130 degrees. Section 410.201 has been totally complied with. Section 105 CMR 410.150(A) and 410.150(B)require all tubs and showers to : be free from defects which make them difficult to keep clean, or create an accident hazard. All were checked and several were repaired so that this standard could be met. All now comply with this section. The only complaint on bathroom sinks in the report from the town was that some sinks did not have stoppers. We did not find that requirement in 105 CMR,but just the same, made sure all sinks had one. Several mentions were made about cracked tiles. We hired a professional the man to go room to room and repair all cracked tiles and to grout completely. Section 410.504 (A) and (B) has been complied with as these tiles are as "smooth" as they can be. Screens were complained about in a few cases and numerous new screens were purchased and one was repaired. Section 410.501 on weather tightness have now been met. All comments about dirt and dried glue on surfaces, rusted shower flanges and sanitary conditions in dressers have been cleaned completely. All beds and pillows have been replaced with new products. All linens are new as well. All walls have been painted, entry doors have been painted, and all carpeting in now new. Applicable sections of 105 CMR 410 Definition Rooming House means every dwelling or part thereof which contains one or more rooming units in which space is let or sublet for compensation by the owner or operator to four or more persons not within the second degree of kindred to the person compensated. Boarding houses, hotels, inns, lodging houses, dormitories and other similar dwelling places are included, except to the extent that they are governed by stricter standards elsewhere created; provided that the provisions of 105 CMR 410.000 shall not apply to any hospital, sanitorium, convalescent or nursing home, infirmary or boarding home for the aged licensed by the Department of Public Health in accordance with the provisions of M.G.L. c. 111, § 51 or 71. A Condition Making a Unit Unfit for Human Habitation is a condition meeting the standard set forth in the Massachusetts General Laws under which a board of health may justify closing down, condemning, or demolishing a dwelling or dwelling unit. It shall mean a violation which poses such immediate harm or threat of harm to an occupant or to the public that other legal remedies cannot be reasonably expected to bring about removal of the condition with sufficient speed to prevent the serious harm or injury to the occupants or to the public. 105 CMR 410.150(A) and 410.150(B) For each dwelling unit: (1) A toilet with a toilet seat in a room which is not used for living, sleeping, cooking or eating purposes and which affords privacy to a person within said room. (2) A wash basin in the same room as the toilet, or if the wash basin cannot be placed in the same room as the toilet, it shall be placed in close proximity to the door leading directly into the room in which the toilet is located. The kitchen sink may not be substituted for the wash basin required in 105 CMR 410.150(A). (3) A bathtub or shower in the same room as the toilet or in another room which is not used for living, sleeping, cooking or eating purposes and which affords privacy to a person within said room. f (4) Each room which contains a toilet, bathtub or shower shall be fitted with a door which is capable of being closed. (D) The fixtures as required in 105 CMR 410.150(A) and 410.150(B) shall have smooth and impervious surfaces and be free from defects which make them difficult to keep clean, or create an accident hazard. 410.190: Hot Water The owner shall provide and maintain in good operating condition the facilities capable of heating water. The owner shall also provide the hot water for use at a temperature of not less than 110°F (43' C) and in a quantity and pressure sufficient to satisfy the ordinary use of all plumbing fixtures which normally need hot water for their proper use and function, unless and to the extent the occupant is required to provide fuel for the operation of the facilities under a written letting agreement. The hot water shall not exceed 130°F (54' C). Inspection of the hot water system shall include an examination of the hot water system and its actual performance. If possible, such examination shall occur at the times and under such conditions as the occupant has identified the system to be insufficient. 410.201: Temperature Requirements The owner shall provide heat in every habitable room and every room containing a toilet, shower, or bathtub to at least 68°F (20' C)between 7:00 A.M. and 11:00 P.M. and at least 64°F (17' C)between 11:01 P.M. and 6:59 A.M. every day other than during the period from June 15th to September 15th,both inclusive, in each year except and to the extent the occupant is required to provide the fuel under a written letting agreement. The temperature shall at no time exceed 78°F (25' C) during the heating season. The temperature may be read and the requirement shall be met at a height of five feet above floor level on a wall any point more than five feet from the exterior wall. The number of days per year during which heat must be provided in accordance with 105 CMR 410.000 may be increased or decreased through a variance granted in accordance with the provisions of 105 CMR 410.840 notwithstanding the prohibitions of the first clause of the first sentence of 105 CMR 410.840(A). 410.250: Habitable Rooms Other than Kitchen--Natural Light and Electrical Outlets The owner shall provide for each habitable room other than a kitchen: (A) transparent or translucent glass which admits light from the outdoors and which is equal in area to no less than 8%of the entire floor area of that room. (B) two separate wall-type convenience outlets, or one such outlet and one electric light fixture. The outlets shall be placed in practical locations and shall insofar as practicable, be on different walls and at least ten feet apart. See 105 CMR 410.351.) 410.252: Bathroom Lighting and Electrical Outlets The owner shall provide in each room containing a toilet, bathtub, or shower one electric light fixture. See 105 CMR 410.150(A)(1) and 410.150(B).) 410.400: Minimum Square Footage (A) Every dwelling unit shall contain at least 150 square feet of floor space for its first occupant, and at least 100 square feet of floor space for each additional occupant, the floor space to be calculated on the basis of total habitable room area. (B) In a dwelling unit, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space; every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant. (C) In a rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 80 square feet of floor space; every room occupied for sleeping purposes by more than one occupant shall contain at least 60 square feet for each occupant. 410.401: i Ceiling Height (A) No room shall be considered habitable if more than 3/4 of its floor area has a floor-to- ceiling height of less than seven feet. (B) In computing total floor area for the purpose of determining maximum permissible occupancy,that part of the floor area where the ceiling height is less than five feet shall not be considered. 410.480: Locks The owner shall provide, install and maintain locks so that: (A) Every dwelling unit shall be capable of being secured against unlawful entry. (B) Every door of a dwelling unit shall be capable of being secured from unlawful entry. (C) The main entry door of a dwelling containing more than three dwelling units shall be so designed or equipped so as to close and lock automatically with a lock, including a lock with an electrically-operated striker mechanism, a self-closing door and associated equipment. Every door of the main common entryway and every exterior door into said dwelling, other than the door of such main common entryway which is equipped as provided in the preceding sentence shall be equipped with an operating lock. (M.G.L. c. 143, § 3R.) (D) Every entry door of a dwelling unit or rooming unit shall be capable of being secured from unlawful entry. (E) Every openable exterior window shall be capable of being secured. (F) Locking devices shall comply with the requirements of 780 CMR 1017.4.1 to avoid entrapment in the building. 410.501: Weathertight Elements (A) A window shall be considered weathertight only if- (1) all panes of glass are in place,unbroken and properly caulked; and (2) I the window opens and closes fully without excessive effort; and (3) exterior cracks between the prime window frame and the exterior wall are caulked; and (4) one of the following conditions is met: (a) a storm window is affixed to the prime window frame, with caulking installed so as to fill exterior cracks between the storm window frame and the prime window frame; or (b) weatherstripping is applied such that the space between the window sash and the prime window frame is no larger than 1/16 inch at any point on the perimeter of the sash, in the case of double hung windows and 1/32 inch in the case of casement windows; or (c) the window sash is sufficiently well-fitted such that, without weatherstripping,the space between the window sash and the prime window frame is no larger than 1/16 inch at any point on the perimeter of the sash in the case of double hung windows and 1/32 inch in the case of casement windows. (B) An exterior door or a door leading from a dwelling unit to a common passageway shall be considered to be weathertight only if: (1) all panes of glass are in place, unbroken and properly caulked; and (2) the door opens and closes fully without excessive effort; and (3) exterior cracks between the prime door frame and the exterior wall are caulked; and (4) one of the following conditions is met: (a) a storm door is affixed to the prime door frame, with caulking installed so as to fill exterior cracks between the storm door frame and the prime door frame; or (b) weatherstripping is applied such that the space between the door and the prime door frame is no larger than 1/16 inch at any point on the perimeter of the door or (c) the door is sufficiently well-fitted such that, without weather-stripping,the space i between the door and the prime door frame is no larger than 1/16 inch at any point on the sides of the door or c inch at any point on the top or bottom of the door. 410.504: Non-absorbent Surfaces The owner shall provide: (A) On the floor surfaces of every room containing a toilet, shower or bathtub and every kitchen and pantry, a smooth, noncorrosive, nonabsorbent and water proof covering. (B) On the walls of every room containing a toilet, shower or bathtub up to a height of 48 inches, a smooth noncorrosive, nonabsorbent and waterproof covering. 410.551: Screens for Windows The owner shall provide screens for all windows designed to be opened on the first four floors opening directly to the outside from any dwelling unit or room unit provided, that in an owner-occupied unit,the owner need provide screens for only those windows used for ventilation. All new or replacement screens shall be of not less than 16 mesh per square inch. Said screens: (1) shall cover that part of the window that is designed to be opened but in no case less than the area as required in 105 CMR 410.280(A); and (2) shall be tight fitting as to prevent the entrance of insects and rodents around the perimeter. (3) Expandable temporary screens shall not be deemed to satisfy the requirements of 105 CMR 410.551(1) or(2). 410.750: Conditions Deemed to Endanger or Impair Health or Safety The following conditions, when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of a person or persons occupying the premises. This listing is composed of those items which are deemed to always have the potential to endanger or materially impair the health or safety, and well- being of the occupants or the public. Because, 105 CMR 410.100 through 410.620 state minimum requirements of fitness for human habitation, any other violation has the potential to fall within this category in any given specific situation but may not do so in every case and therefore is not included in this listing. Failure to include shall in no way be construed as a determination that other violations or conditions may not be found to fall within this category.Nor shall failure to include affect the duty of the local health official to order repair or correction of such violations pursuant to 105 CMR 410.830 through 410.833 nor shall failure to include affect the legal obligation of the person to whom the order is issued to comply with such order. (A) Failure to provide a supply of water sufficient in quantity,pressure and temperature, both hot and cold,to meet the ordinary needs of the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer. (B) Failure to provide heat as required by 105 CMR 410.201 or improper venting or use of a space heater or water heater as prohibited by 105 CMR 410.200(B) and 410.202. (C) Shutoff and/or failure to restore electricity, gas or water. (D) Failure to provide the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253 and the lighting in common area required by 105 CMR 410.254. (E) Failure to provide a safe supply of water. (F) Failure to provide a toilet and maintain a sewage disposal system in operable condition as required by 105 CMR 410.150(A)(1) and 410.300. (G) Failure to provide adequate exits, or the obstruction of any exit,passageway or common area caused by any object, including garbage or trash, which prevents egress in case of an emergency 105 CMR 410.450, 410.451 and 410.452. (H) Failure to comply with the security requirements of 105 CMR 410.480(D). (1) Failure to comply with any provisions of 105 CMR 410.600, 410.601, or 410.602 which results in any accumulation of garbage, rubbish, filth or other causes of sickness which may provide a food source or harborage for rodents, insects or other pests or otherwise contribute to accidents or to the creation or spread of disease. I (J) The presence of leadbased paint on a dwelling or dwelling unit in violation of 105 CMR 460.000: (K) Roof, foundation, or other structural defects that may expose the occupant or anyone else to fire, burns, shock, accident or other dangers or impairment to health or safety. (L) Failure to install electrical, plumbing, heating and gasburning facilities in accordance with accepted plumbing, heating, gasfitting and electrical wiring standards or failure to maintain such facilities as are required by 105 CMR 410.351 and 410.352, so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment to health or safety. (M) Any defect in asbestos material used as insulation or covering on a pipe, boiler or furnace which may result in the release of asbestos dust or which may result in the release of powdered, crumbled or pulverized asbestos material in violation of 105 CMR 410.353. (N) Failure to provide a smoke detector or carbon monoxide alarm required by 105 CMR 410.482. (0) Any of the following conditions which remain uncorrected for a period of five or more days following the notice to or knowledge of the owner of said condition or conditions: (1) Lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a stove and oven or any defect that renders either inoperable. (2) Failure to provide a washbasin and shower or bathtub as required in 105 CMR 410.150(A)(2) and 410.150(A)(3) or any defect which renders them inoperable. (3) Any defect in the electrical, plumbing, or heating system which makes such system or any part thereof in violation of generally accepted plumbing, heating, gasfitting, or electrical wiring standards that do not create an immediate hazard. (4) Failure to maintain a safe handrail or protective railing for every stairway,porch balcony, roof or similar place as required by 105 CMR 410.503(A) and 410.503(B). (5). Failure to eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550. (P) Any other violation of 105 CMR 410.000 not enumerated in 105 CMR 410.750(A) through (0) shall be deemed to be a condition which may endanger or materially impair the health or safety and well-being of an occupant upon the failure of the owner to remedy said condition within the time so ordered by the board of health. Ralph Crossen Consulting 18 Woodridge Rd E. Sandwich, Mass. 02537 i Based on Town inspection on 10-11-16,here are the final list of agreed to items Unit 1 Sink leaks Clean rust off medicine cabinet Rust on shower rod Unit 2 Screen too small Paint one window Re-set temp Bath base cove molding bad Unit 3 Trim door and adjust hinges Paint window Make new sheet of phone numbers on phone Unit 4 Weather stripping loose on door Unit 5- ok Unit 6-ok Unit 7 Paint front window Unit 8 Door sticks Low water pressure in shower Clean window glass over paint Unit 9-ok Unit 10 Shower temp re-set (128) Clean front window Unit 11 Bath window paint Paint old heater in bath Holes in screen Bad window seal Fix lock on window I i Unit 12-ok Unit 14 Fix bath door Wash towels Hole in screen Unit 15 Reset temp (117) Fix air conditioner seal Clean back windows Unit 16-ok Unit 17 Clean bath vent and light Air conditioner opening needs proper cover Fix and scrape windows, 1 window bad in end bedroom Air conditioner in living room needs trim Need fridge plug grounded 1 couch no good (on inside wall), not fire rated Unit 18 Silverfish in tv drawer Reset temp (117-118) Fix door Heater knob spins Unit 19 Hole in screen Secure cable cover plate Dead bog Unit 20 Reset temp (122) Fix bathroom threshold Paint and urethane front window Unit 21 Change bathroom threshold 1 silverfish on pillow clean stain on padded chair urethane window f , Unit 22 Cracked floor tile Shower drips when tub flowing Urethane window Unit 23 Fix door on vanity Unit 24 Lampshades dirty Unit 25-ok Unit 26 Reset temp (116) Change shower curtain Door sticks Unit 27 Blood on wall?? Unit 28-ok Unit 29-ok Unit 30 Reset temp (118) Fix wall in bath Unit 31 One window opens by self Unit 32 Window shuts by self Requirements in all by Health agent: Paint all front windows or urethane wood, bathroom shelves over toilets, remove and patch walls, have extermination done, 2 silver fish and one beetle found, 3 dead insects as well. fix headboards so that box springs and mattresses are the same length Building inspectors requests- downstairs door should swing out, some lower walls bulged out, get then looked at, all hatches should be removable,not screwed shut Fire dept requests: replace smoke detector batteries, In attic next to room 16 one cut wire thru fire wall, In storage room remove chlorine pails, check hardwired smoke in 17 Ralph Crossen f 10-18-2016 CRAIGVILLE MOTEL FINAL REPORT At our request the plumber, Bob Solmonti modified the temperature settings on 7 units,All temps are now in compliance with the BOH requirements. These 7 units were found to be outside the allowable limits on our joint inspection with the BOH on 10-11-2016. Additionally, all bed frames were added to so that the box springs and mattresses line up and the mattresses do not overhang. This carpentry work was completed and all mattresses are flush with the end of the box springs. The modification clips for the blinds came this morning and were being installed by Budget Blinds.All are now in,warning stickers are also on each blind as well. All chirping smoke detectors had new batteries installed at the request of the Fire Department.All old chlorine buckets were removed from the storage closet at the Fire Department's request. One couch was discarded from unit 17 at the Fire Department request.All hatches to attic space were modified so that they can be lifted out without a screwdriver at the Fire Department's request. There was one hardwired smoke detector in unit 17 that was repaired at Fire Department's request. The Building Department (All 4 inspectors) were there as well on 10-11-16. They asked that one lower level door be changed so that it swings out instead of in. This was done. The inspectors also asked that I look at the rear basement wall which looked like an auto may have hit it. I did and am of the opinion that the wall is safe. The Health inspector, Donna Mirandi, had a range of requests,Three were common to multiple units. First was the bed frame issue described above, second was that several front windows needed to be repainted, and finally all the homemade shelves over the toilets were not professionally made.All these were taken care of(all the bad shelves were simply removed). The remainder of items from Ms. Mirandi were taken care of as follows: I Room#1- Sink leak repaired, rust removed from medicine cabinet and shower rod Room #2- Screen replaced,base cove molding was changed. Room #3- entry door trimmed now closes properly Room#4- removed loose weather stripping Room#8- shaved door that was sticking, changed shower nozzle, scraped paint off Window Room #10- Cleaned front window Room#11- Painted bath window and bath heater, fixed hole in screen, lock fixed i On window,window with bad seal has been ordered but not changed yet This is more of a cosmetic issue then a safety issue Room#14-Bathroom door repaired,hole in screen fixed,towel with smear washed. Room#15-Air conditioner seal modified and now tight,back windows cleaned Room #17- Bath vent and vent cleaned, old Air Conditioner blocked off with wood Painted instead of foam board.Two windows repaired, air conditioner In living room now trimmed properly, refrigerator plug repaired 1 couch removed. Room #18- door fixed, heater knob repaired Room #19- screen fixed, cable plate cover secured, Room#20- Bathroom threshold replaced, front window painted Room #21- Changed bathroom threshold, stain on padded chair cleaned,window Painted Room #22- Cracked floor tile replaced, shower drip adjusted,window painted Room #23- door to vanity repaired Room #24- lamp shades replaced Room #26- shower curtain changed, door shaved to stop scraping Room #27-wall painted Room #30-wall above vanity repaired and painted Room #31-window adjusted Room #32-window adjusted Additionally I requested the owner to have a professional extermination done because 2 live insects and 2 dead ones were found in our 10-11-2016 inspection. This was done by A-1 exterminators on 10-13-16. As a result of my final inspection, I am now of the opinion that the Craigville Motel is in good shape and has repaired, modified or replaced everything that resulted from our joint inspection of 10-11-2016. Ralph Crossen 508-922-3195 ° TM WYN D CIA Ifs eaa -�- HOTEL• GROUP Al Compliance Department I 22 Sylvan Way M Parsippany, New Jersey 07054 ND 10 Ph (973) 753-6000 fax (800) 880-9445 ro� April 25, 2017 ELECTRONIC MAIL Mr. Dilip Patel Cape Cod Welcome Group, LLC 8 Shootflying Hill Road Centerville, MA 02632 RE: Franchise Agreement dated March 11, 2016, .(the "Agreement") by and between Cape Cod Welcome Group, LLC, ("you"or"your") and Knights Franchise Systems, Inc., ("we," "our," or "us") for the operation of Knights Inn® Unit #50218-07858-1 located in Centerville, MA (the "Facility") - Dear Mr. Patel: This letter will hereby confirm that the Franchise Agreement is in full force and effect, that the Facility as of our inspection on April 19, 2017, complies with our System Standards, and there are no uncured notices of default issued to you by us under the Franchise Agreement on the date hereof. The term of the Agreement began on March 11, 2016. Si ce ly, t J e! ida i Director C�pnf acts Compliance I D O LC[ ®WYNDHAM GRAND' ®WYNDHAM- ®WYNDHAM � +� NOTE"AND RESORTS HOTELS AND RESORTS GARDEN'HOTELS WINGATE' HAWTHORN' MICROTEL' BAI O T' R .I AD A , i &lowmdA so r COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. MASSACHUSETTS TRIAL COURT BARNSTABLE SUPERIOR COURT DIVISION DOCKET NO.: 1572CV00243 JINTENDRA PATEL, TRUSTEE, NEW CRAIGVILLE MOTEL REALTY TRUST vs. TOWN OF BARNSTABLE, BOARD OF HEALTH, and WAYNE MILLER,M.D., PAUL CANNIFF, D.M.D. and JUNICHI SAWAYANGI, as they comprise the members of the Board of Health Respondents. Joint Motion for Entry of Judgment The Parties to this action jointly move that this Court adopt the Settlement Agreement of the Parties dated October 24, 2016 attached hereto and further order that Judgment in this matter shall enter-as the Final Order of this Court requiring the parties hereto to comply with the terms and provisions of said Settlement Agreement. - Respectfully submitted, b . Respectfully submitted, The Respondents, The Petitioner, B eir Attorney, By er Atto y, Charles S.McLaughlin,Jr.,Esq Jyhes P. Connors,Esq. BBO#336880 9BO# 653135 367 Main Street P.O.Box 557 Hyannis,MA 02601 Barnstable,MA 02630 (508) 862-4620 .(508) 744-15.13 Charles.McLaughlin@town.bamstable.ma.us Jpconnorsatty@gmail.com 1 March 28, 2017 i COMMONWEALTH OF MA.SSACHUSETTS BARNSTABLE, ss. MASSACHUSETTS TRIAL COURT BARNSTABLE SUPERIOR COURT DIVISION DOCKET NO.: 1572CV00.243 JINTENDRA PATEL,TRUSTEE, NEW CRAIGVILLE MOTEL REALTY TRUST vs. TOWN OF BARNSTABLE, BOARD OF HEALTH, and WAYNE MILLER,M;D., PAUL CANNIFF,D.M.D. and JUNICI-lI SAWAYAI GI, as they comprise the members of the Board of Health Respondents, SETTLEMENT AGREEMENT. Whereas,the plaintiff'operated the property which is the subject of,this action as the"Craigville Motel"(the"motel") for many years, and Whereas,the Plaintiff's operation of the motel created a lengthy history of multiple state salutary code violations and state building code violations as recited in the defendant Town's pleadings and memoranda filed in this action,and' V Whereas,the Plaintiff had been warned on.multiple occasions over several years by the Defendant Board of HcaIth to-coiiect these violations and to insure that they not be repeated, and Whereas,the Plaintiff was ordered by the Board of Health on January 13,2015 to allow no new long-term tenants (more than 31 days)but the Plaintiff defied the Board and did so in violation of that order,telling the new long-term tenants to tell Town officials that they had only been on , site for"tvo or three weeks",and. Whereas,the Plaintiff told the Board of Health on April 7,2015 that she had complied wiffi the Januairy 13,2015 order,knowing full well that that representation was false, and -70 I I y s Whereas,the pleadings show that the Barnstable Police Department responded to calls for assistance at the motel some 222 times in the eighteen months preceding the Board hearings, including 17 disturbances, 10 harassment-related calls,two dnig overdoses, six domestic assaults,and 5 drug purchases, among other incidents, and Whereas,the Plaintiff admits to the truth of the recitations above and of the factual content of the affidavits and pleadings filed by the Town in this action, and Whereas,the Plaintiff stipulates that the Board of Health had full legal authority and sufficient probable cause to exercise its sound discretion and refuse to renew flie Plaintiff's motel license, and Whereas the Plaintiff has taken significant steps to bring the motel into conformity with all governing state and local statutes,regulations, and ordinances, and - Whereas,the subject property has been subjected to vigorous inspections and has now passed those inspections,except as may be noted in Appendix A of this Agreement(the"punch list''),. and Whereas,the Plaintiff agrees (if applicable)to take all steps necessary to complete the puizch list prior to.final issuance of all permits,and Whereas,the parties desire to resolve their differences and to see the motel returned to a licensed facility capable of servicing the legitimate needs of transient motorists-pursuant to the requirements of G.L. c. 140, Sections 32A, et seq, and Whereas,the Plaintiff has represented to the-Tow n that it has or will soon receive formal franchise approval to operate the property as a"K night's Ina", a division of the national hotel/motel•chain of the Wyndham Hotel Group, and Whereas, both parties agree that this franchise arrangement will assist the Plaintiff in soliciting . business of the motoring public,and that the standards of performance,appearance,inspection, business practices, and oversight of the motel will benefit the general public and the interests sought to be protected by the Board of Health, Now,therefore,the parties agree as follows: 1. The motel will be permitted to re-open as a licensed motel facility.in conformity-V�dth the conditions set forth below. a. The Plaintiff will demonstrate to the reasonable satisfaction of the Board of Health, with the advice of the Office of the Town Attorney, that is possesses a valid and cun:ent approval of the Wyndham Hotel Group d./b/a Knights Inn(subject to the conditions outlined by Knight's Inn , .including its requirement that the Plaintiff meet all Town conditions for issuance of a motel license and that Plaintiff has in fact met those-conditions and is allowed to operate as a lawful motel subject to the terms and u conditions contained in this Settlement Agreement as well in conformance with all applicable Town regulations. The Plaintiff shall take all steps necessary to open the motel under the Knight's I an franchise,understands its obligations towards being a licensed fianchise, and shall take all steps necessary, as a condition of issuance of a motel license,to meet the obligations required by the Plight's Inn within their normal course of issuance and approval as it arises under the terms and conditions enumerated therein).In the event that the motel's status as a Knight's Inn franchisee is suspended or revolted for any reason,the Plaintiff agrees that it will immediately notify tl?e Board of Health of this fact and will immediately cease operating as a motel without first obtaining the approval of the Boai(f 6f Health to continue or resume doing so. b. The Plaintiff will meet with the Board of IIealth at three,sit, and twelve months following the issuance of the motel permit,and at least annually thereafter, to review its perfoiniance and conformity with all applicable State and Iocal rules,regulations, and d1e terms of thus agreement including,without limitation,those of the Board of Health and the West Barnstable Fire Department. C. Without 11r11rtillg the foregoing conditions,the maximum stay that a motel guest will i- be allowed to remain on the property is 30 consecutive days and not more than 45 days total in any consecutive 9.0-day period,provided further that there shall be at least a 7-day hiatus beM?een terms of occupancy. d. No cooking facilities including,without limitation.,hot plates and toasters/ovens (except a microwave oven) shall be permitted at any time on the premises. e. The motel shall not be used for the purpose of immoral solicitation, immoral bargaining, or immoral conduct,including prostitution,drugs, or gambling. f-. Motel management shall maintain a permanent register in which shall be recorded the name aiid residence of every person engaging or occupying aprivate,room.Positive identification in the form of a driver's license,liassport, or goveavment-issued identifieb io-'of every guest reurting a room shall,be photocopied before a room is rented and shall be retained by management for inspection by licensing authorities, their agents, and the police upon demand. g'. Motel management shall act reasonably and swiftly to disperse loiterers or patrons. who congregate at the motel.Management shall actively monitor the exterior portions of the motel property for any evidence of illegal activity,including drug dealing,drug ` s usage;or the improper disposal of drug paraphernalia on or adjacent to the motel property.Management shall.report any of these activities to the Barnstable Police immediate]y upon observing the same. h. Management shall also take immediate steps to solicit emergency medical response for any person on the property appearing to be ill, injured, or needing medical help. Management shall report all such calls for medical assistance to the Board of Health by phone and in writing vzzthin 24 hours of such a call. I i. Management shall allow representativcs of the Building Coinuiussioner,Board of Health,West Barnstable Fire Departinnent,and the Barnstable Police to conduct a physical inspection of the property without prior notice.A refusal to allow the same shalt be cause for immediate revocation of this license. j. A breach of any of these conditions or of any statute, rule, or ordinance relating to the operation of the hotel shall be cause for immediate revocation of this license. 2.The Plaintiff;for good and valuable consideration,the receipt and sufficiency thereof being hereby acl noS�Jledged,N;vaives,releases, and forever discharges the Town, its employees, volunteers,board members, agents, ser-vants and any other party acting on.behalf of the Town from any and all claims and causes of action of any nature whatsoever related to the proceedings and matters raised,or those which could have been raised,in this action. 3.The Town,for good and valuable consideration,the receipt and sufficiency thereof being hereby acknowledged,waive,release, and forever discharge the Plaintiffs from any and all claims and causes of action of any nature whatsoever related to the proceedings and matters raised, or those-0hich could have been raised, in this action. 4. This Settlement Agreement shall have independent legal significance as a contract between the Parties and may be enforced by either party in an action at law or in equity. 5.Each party to this Agreement will pay its respective a t t o r n e y s, P e e s, expenses a n d costs incurred in connection with all aspects of the inatter. 6. This Agreement is to be interpreted a n d enforced under .the laves of the. Commonwealth of Massachusetts. 7.Upon frill execution of this Agreement for Judgment,the Parties shall deposit the same with the Court and shall join in a motion requesting that the Cotirt adopt the conditions herein and order that the parties comply with the terns of this Agreement for Judo ent. S. Upon issuance of such order from the Superior Court,the Plaintiff shall cause a copy of the ordento be recorded in the Barnstable Couurty regisay of Deeds against the motel property anal shall thereafter deliver a attested copies of the recorded order to the Office of the Town.Attorney, the Barnstable Building Commissioner,the Barnstable Board of Health,the Barinstable Police Department,and the West Barnstable Fire Department. Witness our hands and seals at Barnstable this Ay of October 2016. Town.of Barnstable,by Jintendra Patel, Trustee and Individually, <,12 Marl-,S. lls,To Manager Jiintendra Patel Appendix A 1. A report of the West Barnstable Fire Department dated October 12, 2016. 2. A report of the Barnstable Building Commissioner dated October 19, 2016 and September 13, 2016 3. A report of the Barnstable Board of Health dated October 11,2016. CERTIFICATE OF SERVICE I hereby certify that I have on this date caused a duplicate copy of the Joint Motion for Entry of Judgment to be mailed, postage prepaid, to all parties of record by First Class Mail. Susan J. Robbins Legal Assistant TOWN OF BARNSTABLE 367 Main Street,New Town Hall Hyannis, MA 02601-3907 (508) 862-4620; (508) 862-4724 Fax Dated: March 30,2017 1 MASS. . * Town of Barnstable 1639' �p `�� rF639 A Regulator Services Barnstable Public Heath Division AFAmerlcaC►ty Thomas McKean, Director 200 Main Street 2007 Hyannis, MA 02601 Office: 508-962-4644 Fax: 508-790-6304 Certified Mail#7015 1730 0001 4990 3431 July 17, 2017 Ms. Jitendra(Tara) Patel Craigville Motel E 8 Shootflying Hill Road Centerville,MA RE: Craigvi;lle-Motel, 8 Sh�ootflymg Hill Road, Centerville A 234 Q59 NOTICE TO APPEA�2 BEFORE THE BOA_RD OF HEALTH' TUESDAY JJLY 25,2017,3 OU PM _` 11 Dear Ms. Patel: The 2017 settlement agreement contained various reporting and review dates where the Craigville Motel property owner is required to meet with the Board of Health at three, six, and twelve months intervals after the issuance of the permit. Therefore, you are hereby notified that you are scheduled to appear before the Board of Health on Tuesday, July 25,2017 at 3:00 p.m. at the Town Hall Building, second floor,Hearing Room,367 Main Street,Hyannis. Duringthis hearing, you will be given an opportunity to provide testimony in regards to g, Y b PP ty P Y g action steps that you've taken to ensure the motel occupancy has been limited to transient motorists and information relative to health, building, and fire code compliance. You are required to provide demonstration of full compliance with all aspects of the settlement agreement and Court Order in this matter. PER ORDER-0 HE BOARD OF HEALTH Thomas McKean, RS, CHO Director of Public Health Q:ORDER LETTERS/HOUSING AND MOTELS/Craigville Motel July 2017.docx r - Jli Standard Operating Procedure Knight' s Inn - 8 Shoot Flying Hill Rd. , Centerville, MA 02632 The following procedures must be followed regarding all guests and all rooms. Failure by any employee to follow such procedures shall result in either employee sanctions and/or immediate termination from employment for cause: 1. LIMITATION ON PERIOD OF TIME A PERSON MAY BE A GUEST: No person may be registered for more than 30 contiguous days. 2 . LIMITATION ON CONSECUTIVE STAYS: No person shall be allowed to remain as a guest at any time for 45 days in any 90 day period, and if any such person attempts to check in as a guest in any 90 . day period; there shall be at least a. seven day break when they are not a guest at the Knight' s Inn. 3. REGISTRATION: - All guests will: (a) be registered in form that is permanently maintained; (b) cooperate in completing the register so that it will have the name, address and pone number of every person occupying a room; •(c) HAVE A DRIVER' S LICENSE OR EQUIVALENT PHOTO ID COPIED FOR EACH AND EVERY GUEST FOR THE KNIGHT'S INN PERMANENT RECORD. 4. LOITERING and COMPLIANCE POLICY: (a) No loiterers shall be allowed; (b) Any suspected illegal activity of any type must be reported to the police immediately; and, (c) A call shall be made immediately in the event of any emergency to police and/or fire and/or ambulance service; (d) All such persons reasonably suspected of having engaged in any such activity by either management, or by town officials, shall be immediately locked out of their room and personal possessions removed, and only in appropriate situations in accordance with the law, a refund may be provided at management' s discretion to an ousted guest. Town officials at the Board of Health, Police Dept. , Fire Department, and Building Department shall be informed. 5. COOPERATION WITH AUTHORITIES: Management and employees shall allow at any and all times an inspection of the premises by authorized representatives from the Town of Barnstable. r EMPLOYEE INITIAL AND DATE HERE: 1 1 Employee Acknowledgment and Agreement I , an employee of the Knight' s Inn, at 8 Shoot Flying Hill Rd. , Centerville, MA 02632, have read, the attached Standard Operating Procedure for the Knight' s Inn, at 8 Shoot Flying Hill Rd. , Centerville, MA 02632 . I understand that I am bound to follow the policy, and understand that, in accordance with the procedure and the law, I am subject to immediate termination from employment if I .do not follow it. Sign here: Print name here: Date: l I o McKean, Thomas From: McLaughlin, Charles Sent: Friday, October 21, 2016 9:51 AM To: McKean,Thomas; Crocker, Sharon Cc: Weil, Ruth;.Roma, Paul; Anderson, Robin Subject: Draft settlement agreement for board package Attachments: Craigville Motel settlement draft Connors 102016 final.doc Dear Tom and Sharon, Attached is the final draft of the Settlement Agreement that will be delivered to the Board next Tuesday, October 26t1h The property owner will have signed the document in multiple original copies. The Board of Health will be asked to decide whether they wish to approve the terms of the settlement of the existing litigation. I will provide a draft of a positive motion to approve in advance of the meeting. If the Board votes to approve, the settlement document will be forwarded to the Town Manager for signature.The settlement agreement and a motion to dismiss the case will be then filed with the Superior Court. Kindly share this draft with the Board members and invite them to contact me (508-862-4620 or cell, 508-737-2987) if they have any questions or comments. As a note of caution,the Board should not "reply all" or otherwise discuss the document with another board member, except in open session, so as to avoid any open meeting law violations. Thanks. Charlie McLaughliln 1 a COMMONWEALTH OF MASSACHUSETTS BARNSTABLE, ss. MASSACHUSETTS TRIAL COURT BARNSTABLE SUPERIOR COURT DIVISION DOCKET NO.: 1572CV00243 JINTENDRA PATEL, TRUSTEE, NEW CRAIGVILLE MOTEL REALTY TRUST vs. TOWN OF BARNSTABLE, BOARD OF HEALTH, and WAYNE MILLER, M.D., PAUL CANNIFF, D.M.D. and JUNICHI SAWAYANGI, as they comprise the members of the Board of Health Respondents. SETTLEMENT AGREEMENT Whereas, the Plaintiff operated the property which is the subject of this action as the "Craigville Motel" (the"motel") for many years, and Whereas, the Plaintiff's operation of the motel created a lengthy history of multiple state sanitary code violations and state building code violations as recited in the defendant Town's pleadings and memoranda filed in this action, and Whereas, the Plaintiff had been warned on multiple occasions over several years by the Defendant Board of Health to correct these violations and to insure that they not be repeated, and Whereas, the Plaintiff was ordered by the Board of Health on January 13, 2015 to allow no new long-term tenants (more than 31 days) but the Plaintiff defied the Board and did so in violation of that order,telling the new long-term tenants to tell Town officials that they had only been on site for"two or three weeks", and Whereas, the Plaintiff told the Board of Health on April 7, 2015 that she had complied with the January 13, 2015 order, knowing full well that that representation was false, and s Whereas, the pleadings show that the Barnstable Police Department responded to calls for assistance at the motel some 222 times in the eighteen months preceding the Board hearings, including 17 disturbances, 10 harassment-related calls, two drug overdoses,six domestic assaults, and 5 drug purchases, among other incidents, and Whereas, the Plaintiff admits to the truth of the recitations above and of the factual content of the affidavits and pleadings filed by the Town in this action, and Whereas, the Plaintiff stipulates that the Board of Health had full legal authority and sufficient probable cause to.exercise its sound discretion and refuse to renew the Plaintiff s motel license,. and Whereas the Plaintiff has taken significant steps to bring the motel into conformity with all governing state and local statutes,regulations, and ordinances, and Whereas, the subject property has been subjected to vigorous inspections and has now passed those inspections, except as may be noted in Appendix A of this Agreement (the "punch list"), and Whereas, the Plaintiff agrees (if applicable) to take all steps necessary to complete the punch list prior to final issuance of all permits, and Whereas, the parties desire to resolve their differences and to see the motel returned to a licensed facility capable of servicing the legitimate needs of transient motorists pursuant to the requirements of G.L. c. 140, Sections 32A, et seq, and Whereas,the Plaintiff has represented to the Town that it has or will soon receive formal franchise approval to operate the property as a"Knight's Inn", a division of the national hotel/motel chain of the Wyndham Hotel Group, and Whereas, both parties agree that this franchise arrangement will assist the Plaintiff in soliciting business of the motoring public and that the standards of performance, appearance, inspection, business practices, and oversight of the motel will benefit the general public and the interests sought to be protected by the Board of Health, Now, therefore, the parties agree as follows: 1. The motel will be permitted to re-open as a licensed motel facility in conformity with the conditions set forth below. a. The Plaintiff will demonstrate to the reasonable satisfaction of the Board of Health, with the advice of the Office of the Town Attorney, that is possesses a valid and current approval of the Wyndham Hotel Group d/b/a Knights Inn(subject to the conditions outlined by Knight's Inn, including its requirement that the Plaintiff meet all Town conditions for issuance of a motel license and that Plaintiff has in fact met those conditions and is allowed to operate as a lawful motel subject to the terms and i conditions contained in this Settlement Agreement as well in conformance with all applicable Town regulations. The Plaintiff shall take all steps necessary to open the motel under the Knight's Inn franchise, understands its obligations towards being a licensed franchise, and shall take all steps necessary, as a condition of issuance of a motel license, to meet the obligations required by the Knight's Inn within their normal course of issuance and approval as it arises under the terms and conditions enumerated therein). In the event that the motel's status as a Knight's Inn franchisee is suspended or revoked for any reason,the Plaintiff agrees that it will immediately notify the Board of Health of this fact and will immediately cease operating as a motel without first obtaining the approval of the Board of Health to continue or resume doing so. b. The Plaintiff will meet with the Board of Health at three, six, and twelve months following the issuance of the motel permit, and at least annually thereafter, to review its performance and conformity with all applicable State and local rules,regulations, and the terms of this agreement including,without limitation, those of the Board of Health and the West Barnstable Fire Department. c. Without limiting the foregoing conditions, the maximum stay that a motel guest will be allowed to remain on the property is 30 consecutive days and not more than 45 days total in any consecutive 90-day period, provided further that there shall be at least a 7-day hiatus between terms of occupancy. d. No cooking facilities including, without limitation, hot plates and toasters/ovens (except a microwave oven) shall be permitted at any time on the premises. e. The motel shall not be used for the purpose of immoral solicitation, immoral bargaining, or immoral conduct, including prostitution, drugs, or gambling. £ Motel management shall maintain a permanent register in which shall be recorded the name and residence of every person engaging or occupying a private room. Positive identification in the form of a driver's license, passport, or government-issued identification of every guest renting a room shall be photocopied before a room is rented and shall be retained by management for inspection by licensing authorities, their agents, and the police upon demand. g. Motel management shall act reasonably and swiftly to disperse loiterers or patrons who congregate at the motel. Management shall actively monitor the exterior portions of the motel property for any evidence of illegal activity, including drug dealing, drug usage, or the improper disposal of drug paraphernalia on or adjacent to the motel property. Management shall report any of these activities to the Barnstable Police immediately upon observing the same. h. Management shall also take immediate steps to solicit emergency medical response for any person on the property appearing to be ill, injured, or needing medical help. Management shall report all such calls for medical assistance to the Board of Health by phone and in writing within 24 hours of such a call. I r i. Management shall allow representatives of the Building Commissioner, Board of Health, West Barnstable Fire Department, and the Barnstable Police to conduct a physical inspection of the property without prior notice. A refusal to allow the same shall be cause for immediate revocation of this license. j. A breach of any of these conditions or of any statute, rule, or ordinance relating to the operation of the motel shall be cause for immediate revocation of this license. 2. The Plaintiff, for good and valuable consideration,the receipt and sufficiency thereof being hereby acknowledged, waives, releases, and forever discharges the Town, its employees, volunteers, board members, agents, servants and any other party acting on behalf of the Town from any and all claims and causes of action of any nature whatsoever related to the proceedings and matters raised, or those which could have been raised, in this action. 3. The Town,for good and valuable consideration,the receipt and sufficiency thereof being hereby acknowledged, waive, release, and forever discharge the Plaintiffs from any and all claims and causes of action of any nature whatsoever related to the proceedings and matters raised, or those which could have been raised, in this action. _ 4. This Settlement Agreement shall have independent legal significance as a contract between the Parties and may be enforced by either parry in an action at law or in equity. 5. Each party to this Agreement will pay its respective a t t o r n e y s' f e e s , expenses a n d costs incurred in connection with all aspects of the matter. 6. This Agreement is to be interpreted a n d enforced u n d e r the laws of the , Commonwealth of Massachusetts. 7. Upon full execution of this Agreement for Judgment, the Parties shall deposit the same with the Court and shall join in a motion requesting that the Court adopt the conditions herein and order that the parties comply with the terms of this Agreement for Judgment. 8. Upon issuance of such order from the Superior Court,the Plaintiff shall cause a copy of the order to be recorded in the Barnstable County registry of Deeds against the motel property and shall thereafter deliver a attested copies of the recorded order to the Office of the Town Attorney, the Barnstable Building Commissioner,the Barnstable Board of Health, the Barnstable Police Department, and the West Barnstable Fire Department. Witness our hands and seals at Barnstable this day of October 2016. Town of Barnstable,by Jintendra Patel, Trustee and Individually, Mark S. Ells, Town Manager Jintendra Patel j P Town of Barnstable Regulatory Services , Richard Scali, Director * BARNSTABLE, + �wp '� Public Health Division Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 CERTIFIED MAIL: 7006 0810 0000 3525 1042 April 4,2016 Jitendra Patel &Dilip Patel Craigville Motel 8 Shootflying Hill Road Centerville, MA 02632 The motel owned by you located at 8 Shootflying Hill Road, West Barnstable, MA was inspected on March 29, 2016 by Donna Z. Miorandi, R.S., Health Inspector and Robin Anderson, Zoning Enforcement Officer, Robert McMcKechnie, Building Inspector and Deputy Chief David Paananen of the West Barnstable Fire Department. The inspection was performed as a result-of a request to re-open the motel following an order by the Board of Health to close the motel on June 30, 2015. The following violations were: 105 CMR 410.351: Owner's Installation and Maintenance Responsibilities: Every box spring and mattress had various stains and signs of extensive wear. Most of them exhibited signs of bed bugs and some had dates on them as old as July 1999 and the year 2000. Two of the rooms had foreign debris in the bedding which can only be described as small pellet size black shiny balls. It was also between the box spring and mattress indicating there may be a presence of rodents. The bedding was old, frayed,thread bare and stained as well as many holes. Some of these holes were cigarette burn holes. One of the rooms had various hairs on the bedding. The furniture in most of the rooms had no drawer handles. One of the armoire doors had a string as a substitute for a handle. The dresser drawers exhibited much foreign debris including cockroaches, spiders, and moths. , The vast majority of the microwaves in the rooms were old and extremely rusty. Some of the microwave plates did not fit accurately inside them. Many of the sinks and bathtubs had no stoppers in them. Room 48 and Room#20 both had leaky toilets. Rm. 28 also had a leaky bathtub faucet and had standing water in the tub. Room 31 & 32 had bathtub plumbing problems. - Q:\Order letters\Craigville Motel April 4,2016 Motel violations.doc r 1 y Rm. 28 additionally has a very weak floor around the tub. The tiles and flooring depress when standing on it. Rm. 41 has no shower head in the bathroom and the bathroom window is taped shut. Rm. 42 has plastic covering the window and the ceiling tile in bathroom has evidence of mold. Rm. 17 (upstairs apartment) has a broken window pane in bathroom. Some of the bathroom vanities were made of rough composite material that was not smooth and impervious-much of it was chipping away and may cause harm to the occupant. 105 CMR 410.500: Owner's Responsibility to Maintain Structural Elements: The carpeting in a majority of the rooms is either stained or has burn marks from cigarettes and obvious use of a clothes iron. All of the carpeting in Rooms 32 to 42 (in the rear of the building) is infested with what appears to be carpet beetles. Many of the rooms had pets in them and as a result have the residual odors. It is also evident that many of the rooms do not have padding and/or did not replace the padding under the carpeting. It is therefore strongly recommended that all of the padding and carpeting be replaced Outside of Room 40 and also in area between Room 38 & 39 there are holes in the soffit in which there is a bird's nest in each of them. 105 CMR 410.482: Smoke Detectors: The smoke detectors in Rooms 14, 35 and 36 are not functioning properly. 105 CMR 410.252: Bathroom Lighting and Electrical Outlets: The bathroom lighting in Rooms 35, 36, 37, 39, 40 and Room 41 are inoperable and/or provide very dim light. 105 CMR 410 253• Light Fixtures Other than in Habitable Rooms or Kitchens: Room 6 has no cover on the exterior light next to doorway. Between Rooms 27 & 28 there is an outside electrical junction box that has no cover (Ground level just beyond the sidewalk). 105 CMR 410.480: Locks: Rooms 33 and 35 have no locks on the exterior windows. Every open able exterior window shall be capable of being secured. During this inspection it was also noted that there are no phones in the rooms to dial out to the front desk or to Emergency 911. The only phone that currently exists is in Room 28. It was also observed that in the storage room next to Rm. 32 is a 5 gal bucket of chlorine pellets stored next to some fertilizer. The Town of Barnstable Health Department has mailed you a notice of the Town of Barnstable Toxic and Hazardous Waste collection on QAOrder letters\Craigville Motel April 4,2016 Motel violations.doe r 4 April 9, 2016. This free collection will take place from 9AM to Noon at the Town of Barnstable Transfer Station located at 45 Flint Street, Marstons Mills. The outside swimming pool which has not been operational or licensed in many years has standing water in it and the fence is not secure from unauthorized persons entering the pool area. Until such time that you properly abandon the pool, as previously mentioned, you must have a gate that is self-latching with latches placed four feet above ground level or otherwise made inaccessible to children up to eight years of age. You must also keep the water in it from stagnating and creating a mosquito attraction thereby posing a health risk. Finally, in addition to all of the above you are required to hire a Licensed Pesticide Inspector and have this facility inspected for bed bugs, carpet beetles, cockroaches and any other insects. All commercial pesticide applicators must have a valid Pesticide Applicator License issued by the Department of Food & Agriculture. All of the above violations are required to be complied with and any other.conditional requirements that the Town of Barnstable Board of Health shall require at the Board of Health hearing on April 12, 2016. PER ORDER OF THE BOARD OF HEALTH Xomas A. McKean, , CHO Director of Public Health Town of Barnstable Cc: Robin Anderson, Zoning Enforcement Officer Robert McKechnie, Building Inspector Deputy Chief David Paananen, West Barnstable Fire Department James Connors, Esquire i QAOrder letters\Craigville Motel April 4,2016 Motel violations.doc V_4**0 Town of Barnstable Regulatory Services s TOy'o Richard Scali,Director BARNSCABLE, Public Health Division 94, 639 �•� Thomas McKean,Director ArED MAY A 200 Main Street,Hyannis, MA 02601 Office: 508-862-4644 ' Fax: 508-790-6304 Certified Mail#7012-1010-0000-2847-9992 December 2,2015 Ms.Jitendra Patel Craigville Motel 8 Shoot Flying Hill Road Centerville,MA 02632 NOTICE OF NON COMPLIANCE WITH THE APRIL 15,2015 ORDER FROM THE BOARD OF HEALTH The property owned by you located at 8 Shoot Flying Hill was viewed on December 1, 2015 by Donna Miorandi,R.S.,Health Inspector for the Town of Barnstable. It was discovered the required"Motel Closed Per Order of the Board of Health"sign was not posted adjacent to the main entrance. Instead,it was on the ground behind a bush with the wording facing in the opposite direction toward the building. Therefore, it was not visible to the public. Also,the `No Vacancy'sign located near the street is not illuminated Recall that on April 15,2015,the Board of Health voted to issue the following orders: 1)The owner/operator of the motel shall vacate all of the units of this motel on or before June 30,2015, 2) The owner/operator of this motel shall ensure that no new occupants be allowed to occupy this Motel, 3) A sign shall be posted on the exterior wall adjacent to the main entrance which reads as follows: "MOTEL CLOSED PER ORDER OF THE BOARD OF HEALTH. The sign shall be a minimum of 18 inches by 24 inches in size. 4) The existing Motel Sign at the front of the property shall indicate"NO VACANCY". You are again ordered to post a"Motel Closed Per Order of the Board of Health"sign adjacent to the main entrance. The sign shall be posted within twenty four(24)hours of your receipt of this notice. You are also ordered to provide an illuminated`No Vacancy'sign attached to the motel sign at the front of the property near the street within 24 hours. You may request a hearing before the Board of Health if written petition requesting same is received within ten(10)days after the date the order is served. Non-compliance may result in legal action. If you should have any questions regarding the above requirements, please contact me at the Town of Barnstable Health Division a at 508 862-4644. P OF THE BO OF HEALTH Thomas A.McKean,R.S.,CHO Director of Public Health Q:\Order letterMousing-Motel Violations\PatelSignageDec20l5.doc i Town of Barnstable A81� Board of Health Decision and Notice Ms. Jitendra (Tara) B. Patel (d/b/a Craigvilie Motel) 8 Shootflying Hill Road, Centerville, Massachusetts Show-Cause Hearing due to Multiple Violations and/or Recurring Violations of the State Sanitary code and Fire Code Summary: Motel Permit Application Denied Petitioner: Jitendra (Tara) B. Patel 8 Shootflying Hill Road, Centerville Property Address: 8 Shoofflying Hill Road, Centerville Assessor's Map/Parcel: 234/059 Property Owner: Jitendra B. Patel, Trustee Hearing Dates: January 13, 2015, April 7, 2015; April 14, 2015 Background The Town of Barnstable Board of Health held three show-cause hearings on January 13, 2015, April 7, 2015, and April 14, 2015 due to multiple violations and/or recurring violations of the State Sanitary Code, 105 CMR 410.000 and multiple Fire Code violations. During the hearings, the owner of the motel Jitendra (Tara) B. Patel, was given the opportunity to show-cause why the permit to operate a motel should not be suspended or revoked due to multiple violations and/or recurring of the State Sanitary Code and Fire Code. The subject property is a 6.5 acre developed lot with frontage on Shootflying Hill Road. The lot contains a 19,989 square feet building and was permitted as a motel for many years. The building is U shaped with two one-story sections, a two story section along the mid-section, and a third story year-round apartment located above the owner-occupied office. The motel consists of 40 units. It is served by public water and onsite sewage disposal systems. Procedural & Hearing Summary A public hearing before the Board of Health was duly advertised in the Barnstable Patriot newspaper on January 2, 2015 and certified mail notice was sent to Jitendra (Tara) Patel on December 22, 2014, in regards to a show-cause hearing scheduled to be held on Tuesday January 13, 2015. The hearing was opened January 13, 2015 and continued to April 7, 2015, and again continued until April 14., 2015 at which time the Board found to . deny the request for a motel permit. Board Members deciding this were Paul Canniff, Junichi Sawayanagi, and Wayne Miller, M.D. On January 13, 2015, Charles Mayo, a custodian at-the Motel, and the owner of the Motel Jitendra (Tara) Patel represented herself before the Board. The Director of Public Health, Thomas McKean, and the Deputy Fire Prevention Officer David Paananen provided the Board with a list of State Sanitary Code violations and Fire Code violations that were observed on December 22, 2014. Mr. McKean stated the health violations observed included: non-operational wall heater-Unit 40, non-operational smoke detector-Unit 40, overcrowding unit 4 (4 people in room designed for 2-3), piles of debris and clothing on floors of multiple rooms, rubbish on ground behind motel, multiple discarded appliances and e 2 plumbing fixtures, several fire codes, motorcycle in one of the units, piles of vehicle tires, and use of one portable heating unit. Mr. McKean stated the definition of a motel, as provided within Chapter 140 of the Massachusetts General Laws, is to provide sleeping accommodations for transient motorists. Statements made directly from the occupants were that they stay at this Motel for more than 30 days at a time, and in some cases, more than a year. Deputy Fire Chief Paananen stated that in addition to the smoke detectors disconnected in units 1&17, and the gas-powered motor bike mentioned by Mr. McKean, there were other fire violations. There was a stairway for the rear which was locked. There were also hot plates and toasters in units 40 & 11. Deputy Chief Paananen stated of additional concern is that these violations are repeated at multiple inspections. On November 5, 2014, there were six units with smoke detectors disconnected and three units with hot plate and toasters. Similar issues existed at the April 14, 2014 inspection, there were four smoke detectors disconnected, a blocked stairwell, hot plates and toasters in 6 units and storage stacked too high (need two feet clearance). The Board said with it being winter, there is hesitation of putting people out on the street and yet it is a disaster waiting to happen which the Board can not allow. The Board Chair requested public comment. Mr. Charles (Chuck) Mayo disputed the violations as follows: - Mr. Mayo stated the smoke detector in Unit 40 was unplugged due to the tenant's action and has been plugged back in. - Mr. Mayo indicated the motel makes sure there is one in place and working each time someone checks out and each time the room is cleaned. Chuck pointed out that even if they checked 3 times a day, they could not ensure people would leave them in place as they remove them to smoke even though it is not permitted in the rooms. - Mr. Mayo stated he is researching a wireless smoke detector system with will set off an alarm on a panel in the front office if someone removes the smoke detector. He has only received one price at this time. It costs $1 OK and they believe that would resolve the problem. He does not know whether the State Fire Marshall will approve of it. - Mr. Mayo stated the heat detectors are hard-wired directly to the Fire Department. He knows the individual smoke detectors do give more advanced notice to occupants and are also required. - Tara Patel has sent letters to all occupants listing requirements of not removing smoke detectors, no smoking, no hot plates, no toasters, and no combustibles stored in rooms, and must keep rooms neat and clean. - The infraction for over-occupied was for the room designed for three people. The people that signed in were a couple and their (1) child. It later became known that they also had an infant. They have no place else to go and are there at the moment. - Room temperature in Room 40: The tenant had shut off the wall unit and plugged in a fake fireplace with a heater. He said he preferred the looks of the fireplace. As soon as the owner became aware, she had him remove it the same day and turn the wall unit back on. - Maintenance of rubbish. Someone had thrown the aluminum foil from their BBQ over the fence. This has been picked up. CADocuments and Settings\mckeant\Desktop\CraigvilleMotel Boardof Health Decisionanffindings20151.doc 2 3 - Multiple units have piles of clothes on the floor. Chuck said this.is something the owner can not regulate and should not be fined for. It is the occupancy's privacy. Outdoor storage — old appliances. Chuck said there is.a spot in the woods which he cleared and graded. . This gave them accept to the septic and a place to store old appliances until scrapped. It is not visible from the street and at one inspection he was told it would be ok. Later that changed, and once he was told they should be removed, he had them scrapped right away. There was a motorcycle in a room. The owner was not aware of it. The tenant later said there was no gas tank on it. Deputy Fire Chief Paananen stated the motorcycle was in tact with a gas tank at the inspection. Mr. Mayo replied the tenant removed the motorcycle the same day. Ms. Tara Patel stated a family with 4 children originally registered to rent the unit for 30 days. After that time ended, they said they will be staying for an additional 30 days as they did not have any other place to go and were trying to find housing. These are the type of occurrences that they run into. The owners said they are following the regulations as best they can but people come and overstay, and it is a very costly process to get them out. Wayne Miller, M.D. stated by the definition, the Craigville Motel is in violation of their license because people are not supposed to reside there for more than 30 days. The issues arise because people are using it for permanent living quarters and want to have the conveniences of hot plates, etc. Something must be done to keep this from being a habitual problem. This is the third hearing since they have owned the motel over the course of three years. Dr. Miller mentioned that when he signs into a hotel, he must initial the clauses which stipulate the date of departure, and no smoking, etc. Chuck Mayo asked about the possibility of converting this motel into an inn as there would be. allowance for longer stays. The Board explained that the longer the permitted stays, the more stringent the Regulations and Codes are. Tara Patel said that currently there are 15 units rented and of that, 10 have been there more than five months. The motel holds 42 units. Mr. and Mrs. Patel live there, along with her mother-in-law and they keep a close eye on things. Dr. Miller suggested the owners approach the courts to appoint an overseer to facilitate bringing the motel back into compliance. Dr. Canniff said he is willing to support anything that is feasible to correct the issues. With the concern of fire, Town Attorney Ruth Weil said she would request a way to monitor the progress if the Board does vote to continue this for 90 days. Dr. Miller asked Attorney Weil if the Town can work with the owners, after the owners talk to legal counsel of their own, to help facilitate reducing the stay of occupancies to meet regulations. Ruth Weil stated Mrs. Patel has processes available which she has not done yet because they are lengthy and costly. If the owners do retain legal counsel, she would be willing to talk with them. On January 13, 2015, the Board voted to: CADocuments and Settings\mckeant\Desktop\CraigvilleMotel Boardof Health Decisionandf indings20151.doc 3 , 4 1) Continue this hearing for three months. The next public meeting regarding these issues will be held on Tuesday April 7, 2015 at 3:00 p.m. at the Town Hall within the second floor Hearing Room, 367 Main Street Hyannis, Massachusetts; and 2) Require joint inspections by the Fire Department, Building Division, and Health Division on a monthly basis; and 3) Order the owner/operator of this motel to work toward the removal of any long-term tenants (i.e. by court order) thus to make progress in regards to reverting this building back to a "motel" for use by transient motorists; and 4) Order the owner/operator to correct any,health, fire, and/or building code violations which may exist. Any violations observed and cited by an agent of the Board of Health which are deemed as conditions to endanger or impair health or safety contained within the State Sanitary Code, Article II, 105 CMR 410.750 (A) through (P) shall be corrected within 24 hours. All other violations of the State Sanitary Code, Article II, 105 CMR 410.000 cited shall be corrected within ten (10) days. If any violations of the State Sanitary Code deemed to endanger or impair health or safety, specifically any violations of 105 CMR 750.00 (A) - (P) re-occur during any time period, this Motel may be closed within 24 hours of discovery when found to exist. On April 7, 2015, Assistant Town Attorney McLaughlin, the Director of Public Health, Thomas McKean, the Zoning Enforcement Officer, Robin Anderson, and West Barnstable Deputy Fire Prevention Officer David Paananen were present. Mr. McKean provided the Board with an overview of the health code violations observed at the Motel. The report from Mr. McKean consisted of five pages listing 42 violations observed during the past two calendar years, 2014 and 2015. Ms. Robin Anderson presented a report in regards to the length of stay for multiple occupants at the motel. A total of fifteen units were occupied by the same individuals or families for extended periods of time of greater than 30 days. Of these, two of these units were occupied by the same occupants for greater than two years. The Board Chair requested public comment. Mr. Mayo disputed several notations contained in reports, specifically in regards to bed bugs and the electrical cord violation. The West Barnstable Deputy Fire Prevention Officer indicated he will provide lists of written Fire Code violation reports to the Board as soon as possible. Copies will be provided to the owner/operator of the Motel immediately at that time. The Board Chair then indicated that the hearing will be continued for seven days, until April 14, 2015, to allow the owner/operator of the Motel an opportunity to fully review the inspection reports and violations noted. On April 14, 2015, Building Inspector Paul Roma, Director of Public Health Thomas McKean, and the Zoning Enforcement Officer, Robin Anderson were present. The West Barnstable Deputy Fire Prevention Officer, David Paananen, was not present due to illness. Typed copies of Mr. Paananen's three Fire Code violation reports were distributed to the Board and to Ms. Patel prior to the date of this meeting. The Board Chair requested public comment. Mr. Mayo disputed several notations contained in the reports, specifically in regards to slow draining in the bathtubs and in CADocuments and Settings\mckeant\Desktop\CraigvilleMotel Boardof Health Decisionanffindings20151.doc 4 5 ' S regards to the stains and holes observed in the carpets within several units occupied by long-term tenants. Town Attorney Charles McLaughlin replayed a section of videotape from the April 7, 2015 hearing when Ms. Patel testified all/any new occupants are only allowed to stay at this motel for "two or three weeks at a time." Attorney McLaughlin asked Mr. McKean if he received a letter from an occupant by the name of John Collins. Mr. McKean replied yes, Mr. Collins is seeking permission from the Board to stay at the Motel until the end of June. The letter reads as follows: Dear Dr. Miller, I respectfully request additional time, until July 1,2015,to vacate the Craigville Motel,Unit#3, 8 Shootflying Hill Road. I would like to continue to reside at this Motel until that time. I plan to vacate the premises on or before Wednesday July 1,2015. Please allow my daughter and I permission to stay here in Unit 03 at this Motel until the end of this school year,until July 1,2015.. My daughter currently attends Barnstable United School and this would present a hardship for us to move-out before the school year ends. We moved-into this Motel on February 17,2015. I informed the Motel Owner,Tara Patel,on that date that I planned to stay at this Motel until at least April 1S`,possibly longer. She replied"that is fine,stay as Long as you need to." There are at least two other families with small children(Unit#40 and Unit#7)who also moved-into this Motel as long- term tenants, shortly after I did. One family moved into Unit#40 in late February. The other family moved into Unit #7 of this Motel in early March,after staying in Unit#4 for two weeks. These families might need some additional time to reside here because of the school year calendar. Sincerely, John Collins Unit#3,Craigville Motel Town Attorney Charles McLaughlin then asked 'Mr. Mayo if he received the decision of the Board of Health dated January 26, 2015. Mr. Mayo indicated that he could not find his copy. Mr. McLaughlin then handed Mr. Mayo a copy of the January 26, 2015 decision letter. Mr. McLaughlin pointed out that the occupant moved-in on February 17, 2015, after the date of the January hearing and during the time period when the Board specifically ordered the motel owner/operator to work toward the removal of any long-term tenants in order to revert the building back to a "motel" for use by transient motorists. Thus, the owner/operato.r failed to comply with the order of the Board of Health by allowing additional occupants/families to move-into this motel for extended periods of time, exceeding thirty days. ` Town Attorney Charles McLaughlin then asked Mr. Roma to explain the definition of an R1 unit and an R2 unit, as well as explain the Code requirements for each. Mr. Roma explained the definitions of R1 and R2 use as defined in the Massachusetts Building Code. R1 type units are occupied for less than 30 days. R2 units are occupied for greater than 30 days. Cooking facilities and sanitary facilities are required at R2 units. Also the CADocuments and Settings\mckeant\Desktop\CraigvilleMotel Boardof Health Decisionanffindings20151.doc 5 6 minimum floor space increases to 220 square feet minimum for two occupants within an R2 unit. A change of use from an R1 unit to an R2 unit would trigger multiple Building Code requirements, including the installation of a fire sprinkler system which this motel currently does not provide. Assistant Town Attorney Charles McLaughlin then asked Mr. McKean to explain the minimum floor space requirements for dwelling units, as indicated in Section 410.400 of the State Sanitary Code. Mr. McKean explained 150 square of floor space is required for the first occupant, with an additional 100 square feet required for each additional occupant within the same dwelling unit. Mr. McLaughlin then asked Mr. McKean whether or not the existing motel units provide sufficient floor space to be used as dwelling units. Mr. McKean testified the largest room is Unit#38, which contains 288 square feet of floor space. This is sufficient for only two persons maximum. Two other units, numbers 33 and 42, contain 221 square feet each. These units could be occupied by only one person. All of the remaining units are less than 205 square feet in floor space and could only be occupied by one person. Therefore overall, only one unit could be occupied by two persons and the rest of the motel units would be limited to one person maximum each, if the units are converted to R2 use or dwelling unit use. Multiple units at this motel are currently occupied by two or three persons. Findings of Fact At the April 14, 2015 hearing, the Board unanimously made the following findings of fact: 1) The applicant is not using this building as a "motel" as defined by the Massachusetts General Law and under the State Building Code. Multiple units are being occupied by tenants for greater than 31 days. 2) Most of units of the building are being improperly used as R2 use as defined in the State Building Code. 3) A majority of the units do not qualify for minimum floor space (square footage) for R2 use. The units are too small for multiple people. These.units cannot be converted into an R2 use without expanding the size of the rooms. 4) To be considered as an R2 use under the State Building Code, the unit(s) would require cooking facilities and sanitary facilities for independent living. These units could not be easily converted into R2 use without significant renovations and without expending significant funds for the required improvements needed. 5) During each inspection conducted during the past three years, there were multiple violations of the State Sanitary Code and State Fire Codes observed. The vote to accept the findings was: AYE: Paul Canniff, Junichi Sawayangi, Wayne Miller, M.D. NAY: None Decision Based on the findings of fact, a motion was duly made and seconded to renew the motel permit to the applicant, Tara Patel, a Motel Permit. The Board voted as follows: AYE: None NAY: Paul Canniff, Junichi Sawayangi, Wayne Miller, M.D. CADocuments and Settings\mckeant\Desktop\CraigvilleMotel Boardof Health DecisionandFindings20151.doc 6 7 Therefore, the application to renew the Motel Permit is denied. Ordered The Board voted to issue the following orders: 1) The owner/operator of the motel shall vacate all of the units of this motel on or before June 30, 2015, 2) The owner/operator of this motel shall ensure that no new occupants be allowed to occupy this Motel, 3) A sign shall be posted on the exterior wall adjacent to the main entrance which reads as follows: "MOTEL CLOSED PER ORDER OF THE BOARD OF HEALTH. The sign shall be a minimum of 18 inches by 24 inches in size. 4) The existing Motel Sign at the front of the property shall indicate "NO VACANCY". The vote was: AYE: Paul Canniff, Junichi Sawayangi, Wayne Miller, M.D. t NAY: None Wayne Miller, M.D. Chair Date Signed I, Ann Quirk, Clerk of the Town of Barnstable, Barnstable County, Massachusetts, hereby certify that twenty (20) days have elapsed since the Zoning Board of Appeals filed this decision and that no appeal of the decision has been filed in the office of the Town Clerk. Signed and sealed this day of under the pains and penalties of perjury. Ann Quirk, Town Clerk CADocuments and Settings\mckeant\Desktop\CraigvilleMotel Boardof Health Decisionanffindings20151.doc 7 THE FOLLOWING IS/ARE, THE BEST IMAGES FROM POOR- QUALITY ORIGINALS) A�C&FE-- DATA X�j JF 123.It is in the Residence B Zoning District afrecf� / These Public Hearings will beheld at the Barnstable C a saoinap 'ue 1.,.� Town Hall, 367 Maine Street; Hyannis;MA,:Hearin Pasolp �o udodo g pue are n6uej u613 Room; 2nd Floor, Wednesday, January..,14, 2015.., lull IOU utq 6ulpnpu) l Plans.and applications;may be- reviewed:-at the �e, !sse aben6uel�o Zoning Board of Appeals Office,Growth'Management lu s6pinad j,OQsseyl r, Departrnent,Town Offices,200 Main Street,Hyannis ;;aooe sl uogeool Sit } MA W a qP�l to -°;Paliewa i Craig G Larson .atg to paidaooe aq _.._} The Barnstable Patriot. Zoning-Board of Appealsueyy ioafad puellug December 26,2014 and January 2 2015 gOB �Id fed 3Id uoq�odsuerl�o. -. Il_P�nep o�'PaAiwgns; LEGAL NOTICE agl 6ugye6ai 6ugaay�`; TOWN OF BARNSTABLE ie sluawa;els uaguM` p� l BOARD OF HEALTH F i -The Town 'of Batrtstable:Board of.,Health in i fluty IeueO po0 ade0. i accordance with and under the authority granted by b�auogeool,jequaod Section 32A of Chapter 140, of the General Laws = of the Commonwealth of Massachusetts;will hold a -ade0 agl'6uole AV.; -'O I show-cause hearinM. g regardingahe Craighlle.Motel;8dw�lequafod;o�aq: ShootB m a tefii,ayl "I�iSOd02ld.:. -:13 2015 att 3 00 Road,Centerville on.Tuesday January aPisu�Pye pan�a�n_ K p m.at the Town Hall Building second 4aReur s�uawwoo pue ,floor,Hearing Room,367 Main Street,Hyannis due to mufhple._violabons and/or recumng violations of the, IeueO po0 ade O . State:Sanitary Code 105 CMR 410.0000 and the uuojur�pnn�Ilgnd atp` Massachusetts Fire Code 527 CMR. �nday�3SOdtlnd f The reason for this he arin Jer�ePs+n47:"N3HM g is to provide the motel ;IIuA su6is owner,-Jitendra(Tara)Patel,an opportunity to`show ►,.�. 1 Pause why the permit to operate the motel should not '�pe°d awqueyy seas . be suspended or revoked I sleilwpb' 3a3HM Wayne Miller,M.D. 7 gal Paul Pue yinow�(Id � f Canrnff,D.M.D aoaig6Nelnpgiedpue N, Junichi Sawa yangi The Barnstable Patriot s Paau uo4e6dsue4 N uoge}rod§oe�l-eaiv January.2,2015 -� i—� : i �sraslp o3 lOOsseyy. Vt c�geiwo;ul ullgnd:y.. �Iland d0 30LLON;: - H L d0 301dd0 §nH�xrssew ai ads , • �Itf►NOWW00 3H1 . �- hs�a ' � J o- 1 ��OF THE TO�ti Town of Barnstable swxxsrpe�, * ' y i639.3 Board of Health 10 200 Main Street, Hyannis MA 02601 Office: 508-862-4644 Wayne Miller,M.D. FAX: 508-790-6304 Paul Canniff,DMD JunichiSawayanagi December 23, 2014 LEGAL NOTICE The Town of Barnstable Board of Health, in accordance with and under the authority granted by Section 32A, of Chapter 140, of the General Laws of the Commonwealth of Massachusetts, will hold a show-cause hearing regarding the Craigville Motel, 8 Shootflying Hill Road, Centerville on Tuesday, January 13, 2015 at 3:00 p.m. at the Town Hall Building, second floor, Hearing Room, 367 Main Street, Hyannis due to multiple violations and/or recurring violations of the State Sanitary Code, 105 CMR 410.0000 and the Massachusetts Fire Code 527 CMR. The reason for this hearing is to provide the motel owner, Jitendra (Tara) Patel, an opportunity to show-cause why the permit to operate the motel should not be suspended or revoked. Wayne Miller, M.D. Paul Canniff, D.M.D. Junichi Sawayangi i Q:\WPFILES\LEGALNOTICECraigvilleMotel2014.doc" ®g THE V 77 'own ®f Barnstabk 163q. �'� ,e Barnstable ° Regulatory Services Public Health Division Thomas McKean, Director 200 Main Street 2007 Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 7014 1200 0001 0358 1854 December 22, 2014 Ms. Jitendra(Tara) Patel Craigville Motel < ' 8 Shootflying Hill Road Centerville, MA 02632 RE Craigville Nrotel, 8 Shootflying Hill Road, Centerville A 23'4 OS`9 NOT1CKaQ_A"R&k SHOW CAUSE.H>EARTl+l�G TITESDAY JA�i1TA1�Y13 2015,3 00 PlO�i Dear Ms. Patel: You are scheduled to appeal'before the Board of Health on'Tuesday, January 13,.2015 of the Town Ball Building, second floor,hearing Room, 367 Main Street, Hyannis due to multiple violations and/or recurring violations of 105 CMR 410.000, State . Sanitary Code violations and/or recurring violations of 527 CMR, Massachusetts Fire Code violations observed at the Craigville Motel, 8 Shootflying Hill Road, Centerville Massachusetts. The reason for this Board of Health hearing is to provide you an opportunity to show-cause why your motel permit should not be suspended or revoked. The Craigville Motel was inspected on December 22, 2014 by Health Inspector Donald Desmarais, R{S., Health.Inspector Timothy O'Connell, R.S, Bob McKechnie, C.B.I. Building Inspector, Thomas Perry, Building Commissioner, Robin Anderson,Zoning Enforcement Officer, Deputy.Chief David Paanenan of the West Barnstable Fire Department, and Thomas McKean, C.H.O., Director of Public Health, along.with the assistance of two local Police Officers.' Multiple health violations were observed including: inoperative wall heater within Unit - #40, inoperative smoke detector within Unit#40, overcrowding within Unit#4 (four persons within a.rooming unit containing only 186 square feet), piles of clothing and other debris on the floor within multiple units,rubbish observed on the ground behind the motel, and multiple discarded appliances and plumbing fixtures on the ground behind the motel. Please-see attached order letter detailing the health violations dated December 22, 2014, which was hand-delivered to you on December 23, 2014. Q:\Show,Cause\Craigvil]eMOteiSHowCAusbHearing?-0.14.doc. There were also several Massachusetts Fire Code, 527 CMR, violations observed including inoperative smoke detector, a motorcycle observed within a motel unit, piles of vehicle tires, and the use of a portable electric heater. A "motel." is defined within Massachusetts General Law Chapter 140, Section 32A, as "any building or group of buildings which provide sleeping accommodations for transient motorists and which is not licensed as an inn." However, according to statements made by occupants of this motel during the inspection, multiple units are occupied by the same persons for extended periods of time. Some individuals and/or families stated that they have been residing within this motel for more than 30 days, and in some instances more than one year. Your current permit expires on December 31, 2014. During this hearing, you will be given an opportunity to testify, present witnesses, and official documentation to the Board of Health to show-cause why your motel permit should not be suspended or revoked. PER ORDER O HE BOARD OF HEALTH C:DcKean,-RS, CHO Director of Public Health y Q:\Show CauselCraigvilleMOtelSHowCAuseHearing2014.doe Town Of Barnstable yeVEry� Regulatory Services Richard Scali, Director .9� i4 Public Health Division 3� ,$,�' pTfD N1A'�b Thomas McKean, Director 200 Main Street, Hyannis, MA 02601' Office: 508-862-4644 Fax: 508-790-6304 December 22, 2014 Jitendra Patel> Craigville Motel 8 Shoot Flying Hill Road Centerville, MA 02632 ORDER TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE I1 — MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE CODE OF THE TOWN OF BARNSTABLE GENERAL ORDINANCES. -The property owned by you located at.8 Shoot Flying Hill Road, West Barnstable, MA was inspected on December 22, 2014 by Donald Desmarais, R.S., Health Inspector, and Timothy O'Connell, R.S Health Inspector for the Town of Barnstable because of a scheduled inspection with various town departments. The following violations of the;State Sanitary Code were observed: 105 CMR 410.482: Stroke Detectors: Inoperative smoke detector within Unit#40. This violation must be corrected within 24 hours. 105 CMR 410.400: Minimum Square Footage: Overcrowding within Unit#4. This unit was measured to be 186 square feet by the Health Inspectors. There were two (2) adults and two (2)-children observed.in the room. In,order to have 4 persons there must be 260 square feet.. You are ordered to correct this violation within thirty(30) days.' In a rooming unit;every room occupied for sleeping purposes by one occupant shall contain at.least 80 square feet of floor space;.every room occupied for sleeping purposes bymore than one occupant.shall contain at least 60 square feet for each occupant: - l QA0rder letterMousing-Motel Violationsl8 shootflying hill 12222014.doc 105 CMR 410.201: Temperature Requirements: Inoperative wall heater within Unit #40. The owner shall provide heat in every habitable room and every room containing a toilet, shower, or bathtub to at least 68"degrees. You are ordered to correct this violation within 24 hours. 105 CNM 410.602: Maintenance of Areas Free from Garbage and Rubbish. There was trash and debris on the ground located behind fencing behind motel. This violation must be corrected within 24 hours. 105 CNIR 410.602: Maintenance of Areas Free from Garbage and Rubbish. Multiple units contained piles of clothing and other debris on the floor. These violations must be corrected within 24 hours. Chapter 54-3. Outdoor storage: Appliances, plumbing fixtures were observed on the ground behind Motel. These items must be removed or enclosed within fifteen (15) days. You may request a hearing-before the Board of Health if written petition requesting same is received within ten (10) days after the date the order is served. Non-compliance will result in a fine of$100.00 per violation. Each day's failure to comply with an order shall constitute a separate violation.. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean, R.S., CHO Director of Public Health Town of Barnstable r i QA0rder letterMousing-Motel Violationsl8 shootflying hill 12222014.d6c L _ I Town of Barnstable nstable Barnstable Board of Health AHMNIOM 1' �► IIINyz'AZL • 200 Main Street,Hyannis MA 02601 mays, g 2007 039. `6 Ep M1d� Wayne Miller,M.D. Office: 508-862-4644 Paul canniff,D.M.D. FAX: -508-790-6304 Junichi Sawayanagi January 26,2015 Jitendra (Tara) Patel Craigville Motel 8 Shootflying Hill Road Centerville, MA 02632 RE: Craigville Motel, 8 Shootflying Hill Road, Centerville A = 234 - 059 Dear Tara Patel: The Board of Health held a Show-Cause Hearing on January 13, 2015, in an attempt to resolve the outstanding issues at the Craigville Motel, 8 Shootflying Hill Road, Centerville. The Board of Health voted to: 1) Continue this hearing for three months. The next public at li 00 p m at the regarding these issues will be held on Tuesday April 7, Town Hall within the second floor Hearing Room, 367 Main Street Hyannis, Massachusetts; and 2) require joint inspections by the Fire Department, Building Division, and Health Division on a monthly basis; and 3) order the owner/operator of this motel to work toward the re o regards to of any long-term tenants (i.e. by court order) thus to makeprogress reverting this building back to a "motel' for use by transient motorists; and iLES\CraigvilleMotelJan20l 5BOARDDECISION.doc I r I Jitendra (Tara) Patel January 26, 2015 Craigville Motel Page Two 4) Order you to correct any health, fire, and/or building code violations which may exist. Any violations observed and cited by an agent of the Board of Health which are deemed as conditions to endanger or impair health or safety contained within the State Sanitary Code, Article II, 105 CMR 410.750 (A) through (P) shall be corrected within 24 hours. All other violations of the State Sanitary Code, Article'II, 105 CMR 410.000 cited shall be corrected within ten (10) days. If any violations of the State Sanitary Code deemed to endanger or impair health or safety, specifically any violations of 105 CMR 750,00 (A) - (P) re-occur during any time period, this Motel may be closed within 24 hours of discovery when found to exist. PER DER O H BOARD OF HEALTH Wa e iller,M.D. Ch irm Cc: Fire Chief Joseph Maruca West Barnstable Fire Dept 2160 Meetinghouse Way West Barnstable, MA 02668 Police Chief Paul'MacDonald Barnstable Police Department 1200 Phinney's Lane Hyannis, MA 02601 Thomas Perry, Building Commissioner Town of Barnstable 200 Main Street Hyannis, MA 02601 Q:\WPFELES\CraigvilleMoteUan2Ol5BOARDDECISION.doe /�� e�C ' a� ,nS�ec�r,•s e� d -20 G TMi Town of Barnstable o�U y, r Regulatory Services Richard Scali,Director m Public Health Division �e Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 February 23, 2015 Jitendra Patel Craigville Motel 8 Shoot Flying Hill Road Centerville,MA 02632 ORDER TO ABATE VIOLATIONS OF 105 CMR 410.000 STATE SANITARY CODE H —MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE CODE OF THE TOWN OF BARNSTABLE GENERAL ORDINANCES. The property owned by you located at 8 Shoot Flying Hill Road, West Barnstable, MA was inspected on February 23, 2015 by Donald Desmarais, R.S., Health Inspector, Timothy O'Connell, R.S. Health Inspector and Thomas McKean, Director. of Public Health for the Town of Barnstable because of a scheduled inspection with various town departments. The following violations of the State Sanitary Code were observed: 105 CMR 410.351—Owner's Installation and Maintenance Responsibilities Observed multiple GFCI plug outlets not functioning as intended to within bathrooms in units) 1, 6,7,8,9,10, 38;39,40,41,42. Unit 33 bathroom plug painted over rendering it unsafe..It was also observed that said outlets have an"open ground." according electrical testing device. 105 CMR 410.351—Owner's Installation and Maintenance Responsibilities Observed missing sink drain stopper's within unit(s): 18, 23, 26, 30 and 32. 105 CMR 410.351—Owner's Installation and Maintenance Responsibilities Broken light switch plate cover within bathroom at unit number 36. 105 CMR 410.351—Owner's Installation and Maintenance Responsibilities Water control knob detached from tub of unit 41. 105'CMR 410.500—Owner's Responsibility to Maintain Structural Elements Crack in shower wall observed within unit 38. 105 CMR 410.500—Owner's Responsibility to Maintain Structural Elements Bathroom sink vanity door partial detached_ QAOrder letterfflousing-Motel Violations\8 shootflying hill Am 2-23-15.doc You are directed to correct the violations listed above within twenty-four (24) hours of your receipt of this notice by hiring a licensed electrician to repair or replace said outlets so they work as intended to. You are directed to correct all other violations listed above within twenty one (21) days of your receipt of this notice by making all other repairs as noted above. You may request a hearing before the Board of Health if written petition requesting same is received within ten (10) days after the date the order is served. Non-compliance will result in a fine of$100.00 per violation. Each days failure to comply with an order shall constitute a separate violation.. 65MORDER OF HE BOARD OF HEALTH as . McK an,R.S., CHO Director of Public Health Town of Barnstable ■ COMM to items 1,2,and 3.Also complete A. ignature item if Restricted Delivery is desired. ,■ Print our name and address on the reverse t l� `'� ❑Agent sot at we can return the card to you. ❑Ad ressee. ■ A ch this card to the back of the mailpiece, B. Received by(Printed Name) C. of liv or on the front if space permits. ry; 1. Article Addressed to: D. Is delivery address different from item 1? O s '- If YES,enter delivery address below: ❑ o Jitendra Patel Craigville Motel 8 Shoot Flying Hill Road Centerville;MA 02632 3. Se ice Type Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) p Yes 2. Article Number (Transfer from service label) .7014 1200 0001 0358 0888 PS Form 3811.February 20)a Domestic Return Receipt 102595-02-M 1540 i Q:\Order letters\Housing-Motel Violations\8 shootflying hill Aoc 2-23-15.doc r .. T0Vv1N OF BAR:NSTABLE Board of Appeals Petitioner _.. A eal sa'...�I. " 2 .r _`___:__ `197 PP .7 max' ,r--.. FACTS and DEGISIOhi Petitioner filed petition on __Dec_canbcr 121M _ requesting a variance-permit for premises at .111q_ =V Street, in the village of Uy _ �=.......___, adjoining premises of_ ..James Jenkins, c/o Charles .Gottlieb, Lawrence_1. Barbi, Jr., Wm. F. Markey, John Joakim _Jr., Joseph _effanto; J.- Reardon, Edmond Glidakas, Cw W. .Pearson� Cs gin: of.Mass., Charlotte H. Bassett, Cape Cod. Chamber of Commerce, Charlotte,Bassett, Elizabeth F. Wirtanen. Charles Crocker, John .J. 'Dillon, Daniel F. 'Dillon and Sharon P.., State Street Bari: and Trust Co. Robe Morse, Wm.: :Hayas. Natalie .W.. Kneale, Alvin Ludwig,. 'Natalie W. Kneale, Harry. E...Gaylord, .,Dom3_rdc Capaletti, Ruth Schuman, Cape Cod Cons., of Music and Arts., Basil and Margaret Edwards., Joan-Cofman Kelly, Town of Barnstable, .Atlantic Refining.'Co.s Richard Hughes, Anne Gertrude Zapaletti-p Dominic and:Louis and Mary Capaletti, .Donald Joseph Capalettio �u Wom. by publishing in Cape Cod Standard,-limes, a daily newspaper published in Town of Barnstable a copy of which .is attached to the record of these proceedings filed with Town Clerk. A .public hearing by the .Board of Appeals of 'the Town of Barnstable was held"at the Town Office Building, Hyannis, Mass., at ..__ = . _ _ A-�,t. P.M. 19 73 _ I upon said petition under zoning by-laws. Present at the hearing were the .following membero: }Chairman { i r - At the conclusion of the hearing, the .Board took said petition under advisement..A view of the locus was had by the Board. _........_.................._ _.._. _._...._. _._...... .....19 ._._, the Board of Appeals .found ' vtn:.i' 4s,.a.,. S:s,,.,,� z Ii '•` ??*. �a,rs 7 a 0' -7 orS ,m i t- -xi ey �y+4 'f�•,- ' h«"` � " r ��STCvl� �T t 1�1� 'Ib�J�J -•_.r 4. `GY4 G.4_..V_ Jl' iT•W �.I 1.1 1 � :{ T1't-i1 t`i:1f1 v Ec -3 r.. [ �n;z 9 f ' r. �-- -T= -mlar a ! T` Ec?c ,.a a w �•r'f �vot ate- use .°+0r en' > rr•'�rt--}'?-a*� fi S a t 11.K} F.•L �a GLi �i, v '• x• t3 L ;. J fri w and Restrictions imposed Distribution:— Board of Appeals Town Clerk Town of Barnstable Applicant Persons interested Building Inspector Tt Public Information B- Q Board of Appeals Cia' an . t' i r� COMMONWEALTH-OF MASSACHUSETTS ' BARNSTABLE, ss. MASSACFIUSETTS TRL,1L COURT BARNSTABLE SUPERIOR COURT DIVISION DOCItiET NO.: I572CV00243 i { JNTENDRA PATEL, TRUSTEE, NEW CRAIGVILLE MOTEL REALTY TRUST VS. TOWN OF BARNSTA-BLE, BOARD OF HEALTI-T, and i WAYNE MILLER,i'vi.D., PAUL CANNIhr, D.M.D. and JUNICI-1T SAWAYANGI, as they comprise the members of the Board of.Health Respondents. SETTLEMENT AGREEMENT F Whereas, the Plaintiff operated the property which is the subject of-this action as the"Craigvil.lc Motel''(the"iilotel") for many years, and Whereas, the Plaintiff's operation of the motel created a lengthy history of multiple state sanitary code violations cull state building code violations as recited in the.defendant Town's pleadin s and.memoranda filed in this action, and _ + t Whereas,the Plaintiff had been warned on multiple occasions over several years by the Defendant Board of Health to correct these violations and to insure that they not be repeated, and Whereas, the Plaintiff.was ordered by the Board of health.on January .13,2015 to allow no new long-terns tenants (more than 31 days)but the Plaintiff defied the Board and died so in violation of that order,telIIng the new long-term tenants to tell Town officials that they had only been on site for"two qr three weeds", and Whereas, the Plaintiff told the Board of Health on April 7,2015 that she had complied with the January 13,20.1.5 order,(mowing fill( ,�a+cll that that representation was false, and 1 i i 3 i Whereas, the pleadings show that the Barnstable Police Department responded to calls for assistance at the motel some 222 times in the-eighteen months preceding the Board hearings, including 17 disturbances, 10 harassment-related calls, tvvo drug overdoses, six domestic_ assaults, and 5 drug purchases, among other incidents, and i Whereas,the Plaintiff admits to the truth of the recitations above and of the factual content ofthe affidavits and pleadmus filed by the Town in this action, and i Whereas, the Plaintiff stipulates that.the Board of Health had [till legal authority and sufficient probable cause to exercise its sound discretion and refuse to renew the Plaintiff's motel license, and t Whereas the Pl�untiff has taken s.ign�ficant steps to bring the motel into conformity-vitl all governing state and local statutes, regulations, and ordinances, and 1 Whereas,the subject property has been subjected to vigorous inspections and has now passed = those inspections,except as may be noted in Appendix A of this Agreement(the"punch list"), and ' Whereas,the Plaintiff agrees (if applicable)to take all steps necessary to complete the punch list 4 prior to final issuance of all permits,and l Whereas, the parties desire to resolve their differences and to see the motel returned to a licensed r t facility capable of servicing the legitimate needs of transient motorists-pursuant to the requirements of G.L. c. 140, Sections 32A, et seq, and F Whereas, the Plaintiff has represented to the Town that it has or will soon receive formal franchise approval to operate the property as a"Kni;ht's Inn", a division of the national hotel/motel chain of the Wyndham flotel Group, and } i Whereas, both parties agree that this franchise arrangement will assist the Plaintiff in soliciting business of the motoring public and that the standards of performance, appearance, inspection, business practices, and oversight of the motel will benefit the general public and the interests sought to be protected by the Board of Health, Now, therefore,the parties agree as follows: t s 1. The motel will be permitted to re-open-as i.licensed motel facility.ill cbnformi with the conditions set forth below. a. The Plaintiff will demonstrate to the reasonable satisfaction of the Board offHealth, with the advice of the Office of the Town Attorney, that is possesses a valid and current approval of the Wyndham Hotel Group d/b/a.Knighls Imi(subject to the conditions outlined by Knight's Inn , including its requirement that the Plauitiff meet all Town conditions for issuance of a motel license and that Plaintiff has in fact met " those conditions and is allowed to operate as a lawful motel subject to the terms and I t s conditions contained in this Settlement Agreement as well in conformance with all applicable Town regulations, The Plaintiff shall take all Steps necesslly to open the motel under the Knight's Intl franchise,understands its obligations towards being a licensed franchise, and shall take all steps necessary, as a condition ot'issuance of a motel license, to sleet the obligations required by the Knight's Lm w'ithin their no-rural course of issuance and approval as it arises under the terms and conditions enumerated therein). In the eveist that the motel's status as a Knight's Inn franchisee is suspended or revolted for any reason, the Plaintiff agrees that it will immediately S notify the Board of Health of this fact and.will immediately cease operating as a ; motel without first obtaining the approval of the Board of Health to continue or rCSL111lC doing So. i b. The Plaintiff will meet with the Board of Health at three,six,and twelve months following the issuance of the motel permit, and at least annually thereafter, to review its performance and conformity with all applicable State and local rules,regulations, t and the terms of this agreement including, without limitation,those of the Board of Health and the West Barnstable Fire Department. 1 c. Without limiting the foregoing conditions,the maxin}um stay that a motel guest will be allowed to remain on the property is 30 consecutive days and not more than 45 days total in any consecutive 90-day period,provided further that there shalt be at least a 7-day hiatus between terms of occupancy. s d. No cooking facilities including, without limitation,hot plates and toasters/ovens (except a microwave oven)shall be permitted at any time on the premises. e. The motel shall not be used for the purpose of immoral solicitation, iiluiloral bargaining,of 11111iloral conduct, including prostitution, chugs, or gambling. f. Motel management shall tllaintain a permanent register in which shall. be recorded the name and residence of every person engaging of occupying a private room..Posit.ive identification in the forun of a driver's license,passport, or govermllent-issued identification of every guest renting a.room shall be photocopied before a room is rented and shall be retained by management for inspection by licensing authorities, their agents, and the police upon demand. g: Motel nlanagenrent shalt act reasonably and swiftly to disperse loiterers or patrons who congregate at the motel.Management shall actively monitor the exterior portions of the motel property for any evidence of illegal activity,including drug dealing,drug usage,or the improper disposal of drug paraphernalia on or adjacent to the motel property. Management shall report any of these activities to the Barnstable Police immediately upon observing the same. 1n. Management shall also take i.lnunediate steps to solicit eine.rgency medical response for any person on the property appearing to be ill,injured, or 1leediing medical help. Management shall report all such calls for medical assistance to the Board of Health by phone and in writing within 24 hours of such a call. . 1 i i . f t 1 i. Management shall altow representatives of the Building Conanussiorner,Board of i Health,West Barnstable Fire Department, and the Barnstable Police to conduct a physical inspection of the property without prior notice.Arefiisal to allow the same shall be cause for immediate revocation of this.license, j. A breach of any of these cond:itiorrs or of any statute, rule, or ordinance relating to the operation of the motel shall be cause for immediate revocation of this License. 2. The Plaintiff;for good and valuable consideration,the receipt and sufficiency thereof being hereby acknowledged, waives,releases, and forever discharges the Town, its employees, volunteers, board members, agents,servants and any other party acting on behalf of the Town from any and all claims and causes of action of any nature whatsoever related to the proceedings and matters raised,or those which could have been raised, in this action. 3. The Town, for good and valuable consideration,the receipt and sufficiency thereof being hereby acknowledged,waive,release, and forever discharge the Plaintiffs fronn any and all claims and causes of action of any.nature whatsoever related to the proceedings and matters raised,or those which could have been raised, in this action. 4.Thais Settlement Agreement shall have independent legal significance as a contract between the Parties and may be enforced by either party in an action at law 4 or in equity. 5. Each party to this Agreement will pay its respective a t t o r n e y s' f e e s., expenses a n d. costs incurred in connection with all aspects of the matter. 3 6, This Agreement is to be interpreted a n(Ien1'oi'ccd under the laws of the { ConunoriNvealth of \/fassachusetts. 7. Upon full execution of this Agreement for Judgment, the Parties shall deposit the same with the Court and shall join in a motion requesting that the Court adopt the conditions herein and order that the parties comply with the terms of this Agreement for Judgment. i S. Upon issuance of such order trorn the Superior Court,the Plaintiff shall cause a copy of the order to be recorded in the Bannstable County registry of Deeds against the motel property and sllall:thereaftcr deliver a attested copies of the recorded order to the Office of the Town Attorney, the Barnstable Building Commissioner,the Barnstable 13oard of Health,the.Barnstable Police s Nest Barnstable Eire Department. Department,and the Witness our hands and seals at Barnstable thisa(1'Jay of October 2016. Town of Barnstable, by Jintendra Patel,Trustee and hidividually, M"� s, anager Jintendra Patel i f i • i { Appendix A • s 1, A report of the West Barnstable Fire Department dated October 12,2016. 2. A report of the Barnstable Building Commissioner dated October 19, 2016 and September 13, 2016 a 3. A report of the Barnstable Board of Health dated October 11, 2016. I i 1 i se5 4 S . a j 1 } j i f p t i e 4 f f i I Crocker, Sharon From: McKean,Thomas Sent: Monday,July 24, 2017 3:23 PM To: Crocker, Sharon Subject: FW: Craigville Beach Motel; Our File No.: 2014-0264 Attachments: Settlement Agreement.pdf From: Robbins, Susan Sent: Monday, July 24, 2017 2:47 PM To: McKean, Thomas Cc: McLaughlin, Charles; Patterson, Amber Subject: Craigville Beach Motel; Our File No.: 2014-0264 Tom, Attached please find a fully-executed Settlement Agreement relative to the above-entitled matter. Should you have any questions or require any further information, please do not hesitate to contact me. Thanks. P Susan Robbins 1 Town of Barnstable � am = Board of Health 16 ��� 200 Main Street TFD Mp'1 A Hyannis,MA 02601 Office: 508-862-4644 Susan G.Rask,R.S. FAX: 508-790-6304 Wane Miller,M.D. Sumner Kaufman M.S.P.H. i August 29, 2003 Mr. Dilip Patel, CPO Craigville Motel 8 Shootflying Hill Road Centerville, MA 02632 k�E Cra�gille 1�I�o�e'I, Lifeguard M,�od�flca#ron fo'r the-�S-uuirnmin�xX�o®1 „ v,. , a.. Dear Mr. Patel, We will allow you to employ "qualified swimmers," in lieu of the requirement to employ fully certified lifeguards, at your swimming pool located at the Craigville Motel, 8 Shootflying Hill Road, Centerville, MA. The,following conditions must be complied with: (1) The pool must be supervised by a "qualified swimmer" all times the pool is open. We wish to make it clear that this swimmer must be at the pool and cannot be observing from the desk unless another swimmer is provided and physically present at the pool. This swimmer must be certified in adult, child, and pediatric CPR by the American Red Cross, American Heart Association or equivalent, be familiar with lifesaving equipment and knowledgeable in first aid procedures. (2) All qualified swimmers shall wear orange colored hats or orange colored visors with the words "POOL STAFF" in 15 millimeter (5/8 inch) black colored lettering on the front of the hats. (3) The maximum capacity of the swimming pool is reduced to nineteen (19) persons. (4) You shall maintain a permanent record on a form prescribed by the Board of Health listing each swimmer supervising the pool when it is in use. PoolCraigvilleMotel r (5) You shall submit a copy of the applicant's insurance policy naming the Town as coinsured in the amount of $1,000,000. To date, a copy of your insurance policy was not received. (6) All other regulations contained in Chapter V, Minimum Standards for Swimming Pools, must be strictly complied with. (7) The qualified swimmers must hold a current American Heart Association, American Red Cross, or equivalent CPR certificates with training in adult, child, and pediatric CPR. (8) The swimming pool water must be tested for coliform bacteria at least monthly by a certified laboratory. Please be advised that if you exceed this capacity of 19 persons, your modification will be invalid and you will be required to cease operation of the pool. This modification expires December 31, 2003. It is your responsibility to ensure that you request renewal of the variance from the lifeguard requirements each year prior to opening the pool. Sinc ely yours, ayne iller M.D. Chairm n BOARD OF HEALTH TOWN OF BARNSTABLE I, i PoolCraigvilleMotel 4 �ptHE tp� ATERECEI 1/E® FEE: * BARNSTABLE, i MASS. 1639. 0� BY ATfD MA't A, E TO V Ig Town of Barnstabl HEALTH 00_PT' CHED. DATE: Board of Health 200 Main Street, Hyannis MA 02Z °1 Office: 508-862-4644 ' O Susan G.Rask,R.S. FAX: 508-790-6304 Sumner Kaufman,M.S.P.H. Wayne A.Miller,M.D. VARIANCE REQUEST FORM LOCATION Property Address: �7S ®Cr (' `11yt�i !(��� �`"� (7pK1&Y11/11e M/1 �2 Assessor's Map and Parcel Number: Size of Lot: Wetlands Within 300 Ft. Yes Business Name: r,-y t b V) 11 e (14 aV,4 No_1-� Subdivision Name: APPLICANT'S NAME: Phone Did the owner of the property authorize you to represent him or her? Yes No PROPERTY OWNER'S NAME CONTACT�� PERSON �L� (� Name: � ��� W I�l�C Name: � ��,� Address: Address: !i� S h oqr r—11 i n `1 0[ ►`D Phone: Phone: 5501 VARIANCE FROM REGULATION(List Reg.) REASON FOR VARI CE(May attach if more space needed) 105 01\2, 4 c3 S ., a 3 �►L� .rya S it NATURE OF WORK: House Addition ❑ House Renovation ❑ Repair of Failed Septic System ❑ Checklist(to be completed by office staff-person receiving variance request application) _ Four(4)copies of the completed variance request form _ Four(4)copies of engineered plan submitted(e.g.septic system plans) Four(4)copies of labeled dimensional floor plans submitted(e.g.house plans or restaurant kitchen plans) Signed letter stating that the property owner authorized you to represent him/her for this request Applicant understands that the abutters must be notified by certified mail at least ten days prior to meeting date at applicant's expense (for Title V and/or local sewage regulation variances only) _ Full menu submitted(for grease trap variance requests only) _ Variance request application fee collected (no fee for lifeguard modification renewals, grease trap variance renewals [same owner/leasee only],outside dining variance renewals[same owner/leasee only],and variances to repair failed sewage disposal systems [only if no expansion to the building proposed]) Variance request submitted at least 15 days prior to meeting date VARIANCE APPROVED Susan G.Rask,R.S.,Chairman NOT APPROVED Sumner Kaufman,M.S.P.H. 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'�'' ,, ,;•;;;t: .. -;::*:,' non -governmental or-profrt international public service �awnlZatiOnt d evoted',to'prMecting/ffe STAA111AR� Co acD. and p O doting FGnetAl�h�a/th „,moo ¢ n: to d ,. e uca to n d d rnfJ Cou uenc rs®C ' e socre t4�d .. ,". :::'!'�:' :.:.. or�pletiarr�t�a.. safe tY. opt. fit:: h: health and environments policies; ra 3.-2;p_ Q'3 (sp.; prtigsQg p dices and 3 :2Q,�.:;:.; procedures that prevent and mitigate human suffering and economic losses arising from preventable causes, r : . a Alan C a 4 ... . . .,, •N1FAAil� aliM n ruCtra YOU"have : .:... . e the a Power to say ,T �,.,i G:` e.a life....: - .. . _ ,.:. 1 .. Lynda ' r .64 �.A� : vow M �j, r• Crocker, Sharoni From: james p. connors <jpconnorsatty@gmail.com> Sent: Wednesday, February 15, 2017 10:56 AM To: Crocker, Sharon Subject: Craigville Attachments: FullSizeRender jpg;Attached Message Part Hi Sharon, Here is the email (letter)from counsel for the franchise. It clearly depicts what I have been saying. Jamie V c 1 Mr. Connors, I any in house counsel to the Flights Inn brand and Wyndham Hotel Group. While we appreciate the Town's position, we are concerned that the Town seems to be relying. on our certification that the Facility .has complied with standards imposed by the Town and we are hesitant to assume responsibility for an inspection that should be performed by the Town.. Therefore, we will not be sending a representative to the Facility in advance of the hearing. I cyan confirm that the Facility has met the pre-opening obligations. required by the Knights Inn brand, and we would open the Facility as a Knights Inn if and when the Town issued the required license to operate the Facility. Please let me lu ow if you have any questions. Thanks, - Alyssa Raines - Allyssa Barnes I Vice President - Legal J .Wyn harri Hotel Group, LLB - 2 Sylvan-Way Jay I Parsippany New Jersey 1 �07054 P: 973.753.73131 P 973.753.47481 all y ssa.barnes@w. .n.com