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0091 CAP'N CARLETON'S RD - Health
y l Cap'n Carle uri's R6a A = 038 - 034 M � . f a $ , Message Page 1 of 2 J. O'Connell, Timothy From: McLaughlin, Charles Sent: Wednesday, July 08, 2015 2:32 PM To: O'Connell, Timothy Subject: RE:`DuWors Thanks,Tim. You might offer a copy of the letter to Mr. Moore directly and have him stop by to pick it up. Dr. Duwors is not exactly quick to respond and it might be more efficient and get the repairs moving more quickly if we work with Mr. Moore. Let me know if you need anything. Thanks. Charlie From: O'Connell, Timothy Sent: Wednesday, July 08, 2015 8:50 AM To: McLaughlin, Charles Subject: RE: DuWors Charlie, I called Mr. Moore this morning (7-8-15). 1 guess he is going to look in to fixing problems at Duwors property. He wanted to know what the problems where,at the property. I gave him brief description of violations but told him he should obtain a copy of order letter from Mr. Duwors so that he can see all violations that need to be corrected. l�itlwthit ;� (i�'CRLltinrll, +R.� +laralllt +Ills}irrlur LLtllitt of i( UrlistabIr -JLT17 �L1i11tl'FFt ?�LjMlllli8, M_X 026171 + illMil: tilltittljl�.ltrLilntrllC��tlrur11.1�ZZril$t�illlr.lttEt.lis -----Original Message----- From: McLaughlin, Charles Sent: Monday, July 06, 2015 10:29 AM To: 'Tracy Moore' Cc: O'Connell, Timothy; McKean,Thomas; Patterson, Amber; Nicholas Mosca (nmosca22@yahoo.com) Subject: RE: DuWors Thanks for your email. I have copied the Board of Health inspector,Tim O'Connell, who is handling this matter.Tim is off today but he will call you tomorrow or you can call him 8-930 or after 3:00, 508-862- 4646. Call me (508-862-4620) if you don't reach him. Charlie McLaughlin From: Tracy Moore [ma i Ito:mooretracy35@yahoo.com] Sent: Sunday, July 05, 2015 7:41 PM To: Nicholas Mosca; McLaughlin, Charles Subject: Re: DuWors 8/3/2015 Message Page 2 of 2 4L Hi, Can you lease advise exact) what you are looking for so that I can take care of this for Y p Y Y 9 Mr. Mosca. I can be reached during the day at 508-527-1030. 1 am currently working this week in Yarmouth. If you need to meet please let me know. Thanks Jim Moore On Thursday, July 2, 2015 6:18 PM, Nicholas Mosca <nmosca22(a-),yahoo.com> wrote: Sent from my iPhone On Jul 2, 2015, at 5:41 PM, Tracy Moore <mooretracy35@yahoo.com> wrote: there is nothing there but your email? On Thursday, July 2, 2015 1:04 PM, Nicholas Mosca <nmosca22(Dyahoo.com>wrote: This is the email for the town atty so he can let you know what is needed z Sent from my iPhone 8/3/2015 Town of Barnstable Regulatory Services BARNSPABM Richard Scali, Director 9� 1639. A Public Health Division prFD MA'S Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 June 18, 2015 To whom it may concern: The dwelling at 91 Captain Carleton's Road, Cotuit, MA was inspected on June 17, 2015 by Health Inspector Timothy B. O'Connell, R.S., Health Inspector for the Town of Barnstable and Robin Anderson, Zoning Officer for the Town of Barnstable. The total number of occupants permitted to occupy said dwelling is based on 105 CMR 410.400 of Massachusetts State Sanitary Code with consideration of the definition Habitable Room as defined in said code is as follows: Living Room and Dinning/Kitchen Area: = 607.00 ft squared First Floor Bedroom: = 84 ft squared (1) occupant Second Floor Bedrooms: = 178 ft squared (3) occupants = 139 ft squared (2) occupants = 121 ft squared(2) occupants Total square footage= 1,129 ft squared Due to the septic permit (78-644) obtained on 9-28-78 from Barnstable Health Division only three (3) bedrooms are authorized to be used as bedrooms within this dwelling. Therefore, the number occupants are dependent on which bedrooms are to be used for . occupancy calculations. This is due to the fact the owner has been ordered to remove one (1) of the bedrooms in a letter dated 6-18-15 Respectfull Submitted'�pp QQ Timoth . O'Connell, RS l Health Inspector Town of Barnstable QAOrder letterMousing violations\Rental ordinance 91 capt Carltons 6-18-15n.doc Town of Barnstable �oFtHe r Regulatory Services y�Q ti� Richard Scali,Director * Public Health Division * snxxsr BLE, v MASS. g Thomas McKean, Director q' i639- `0 200 Main Street Hyannis,MA 02601 Office: 508-862-4644 Fax: 508-790-6304 . June 18, 2015 Robert M. Duwors 1808 Main Road Tiverton, RI 02878 PARTIAL CONDEMNATION NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE II-MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION. Your property located at 91 Captain Carleton's Road, Cotuit, MA was inspected on June 17, 2015 by Health Inspector Timothy B. O'Connell, R.S., Health Inspector for the Town of Barnstable and Robin Anderson, Zoning Officer for the Town of Barnstable. The following violations of the State Sanitary Code were observed: 105 CMR 410.750 (G): Conditions Deemed to Endanger or Impair Health or Safety Observed that the back deck on the exterior of the dwelling has several severely rotten decking boards. It was also noticed that deck was sagging in some areas and multiple footings are cracked along with other structural defects. 105 CMR 410.831(D) Until building permits have been obtained from The Town of Barnstable Building Division and deck has been repaired in accordance with Massachusetts State Building Codes you and all occupant(s) of said dwelling are ordered to refrain from the use of deck located in the rear of dwelling. Also please refer to the separate order letter from the Health Division in regards to multiple state sanitary violations which must be corrected within the established deadlines as written in the enclosed order letter. 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 T BOARD OF HEALTH o as A. McKean, R.S., CHO Director of Public Health Town of Barnstable Cc: Charles McLaughlin, Esq. Town of Barnstable Cc: Mike Bellavance, Occupant House Manger Cc: Robin Anderson, Zoning Officer Town of Barnstable Cc: Thomas Perry,Building Commissioner, Town of Barnstable r Certified Mail#7014 1200 0001 0358 1175 ,,�j rati Town of Barnstable Regulatory Services + BARNSrABLS, " � Richard Scali,Director E°3g6 a Public Health Division Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 June 18, 2015 Robert M. Duwors 1808 Main Road Tiverton, RI 02878 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000, STATE SANITARY CODE II—MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION Your property located at 91 Captain Carleton's Road, Cotuit, MA was inspected on June 17, 2015 by Timothy B. O'Connell, R.S., Health Inspector for the Town of Barnstable . and Robin Anderson,Zoning Officer for the Town of Barnstable. The following violation(s) of the State Sanitary Code were observed: 105 CMR 410.300 and 310 CMR 15.00: Sanitary DrainalZe System • There were a total of four (4) bedrooms observed within this dwelling; one (1) on the first floor of the dwelling and three (3) located on the second floor. The existing septic system (Permit# 78-644) was engineered for three (3) bedrooms not for four (4). 105 CMR 410.500: Owner's Responsibility to Maintain Structural Elements • Observed missing flooring boards within dinning area. • Sliding glass door not operable within dinning/kitchen area which had newspaper stuffed in large voids where the frame meets wall. • Exterior trim around said sliding glass door is rotten and is not weather tight. • Multiple areas (siding, trim boards and window sills) on the exterior of the dwelling are rotten and do not exclude; wind, rain, snow and rodents. They are not watertight, free from chronic dampness, in good repair and in every way fit for the use intended. • Sliding glass door within living room area does not open without excessive effort. Observed that the back deck on exterior of dwelling has several severely rotten decking boards. It was also noticed that deck was sagging and multiple footings are cracked compromising its integrity. • Observed rotten exterior window sills on multiple windows. QAOrder letterAHousing violations\Rental ordinance 91 capt Carltons 6-18-15n.doe I 105 CMR 410 501: Weathertight Elements: • Sliding glass door in dinning area had large gaps between glass door and door frame. • Multiple areas on exterior of dwelling are not weather tight as mentioned above. 105 CMR 410.482- Smoke Detectors and Carbon Monoxide Alarms: • There were no operable smoke or carbon monoxide detectors on first floor of the dwelling.. • Missing carbon monoxide detector on second floor of the dwelling. 105 CMR 410.450-Means.of Egress: • Both sliding glass doors were found to be inoperable or in such a state of disrepair it is rendered too difficult to operate. At least one slider is intended to serve as one of two means of required egress (from the dwelling) under the Mass State Building Code;the first being the front door. Until such time that one unit is repaired or replaced,you are hereby ordered to immediately unlock the interior garage door, said door shall serve as a temporary but acceptable substitute means of egress from the dwelling. You are directed to correct the violations listed above within twenty-four(24) hours of your receipt of this notice by installing smoke detectors and carbon monoxide detectors in accordance with Mass Fire Codes; by keeping two means of egress operable as mentioned above in the Means of Egress Section. You are directed to correct the violations listed above within thirty (30) days of your receipt of this notice by obtaining building permit(s) from the Town of Barnstable Building Division and removing one (1) of the our bedrooms. This may be done by removing door and creating a five (5)1oot cased opening; by repairing or replacing all exterior siding;vtrim, and window sills that are rotten and do not exclude wind, rain, snow and rodents; that are not watertight, free from chronic dampness, in good repair and in every way fit for the use intended. You are directed to correct the violations listed above within thirty (30) days of your receipt of this notice by obtaining building permit(s) from the Town of Barnstable Building Division and repairing or replacing both sliding glass doors mentioned above so they are weather tight and open with reasonable ease; by replacing floor boards within dinning room area; by repairing deck with a proper building permit obtained from The Town of Barnstable Building Division. 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. However, these violations must be corrected within twenty four hours regardless of any request for a hearing. 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. Q:\Order letterMousing violations\Rental ordinance 91 capt Carltons 6-18-15n.doe PER ORDER OF T BOARD OF HEALTH Thomas A. McKean, R�O Director of Public Health Town of Barnstable Cc: Charles McLaughlin, Esq. Town of Barnstable Cc: Mike Bellavance, Occupant (House Manager) Cc: Robin Anderson, Zoning Officer Town of Barnstable Cc: Thomas Perry,Building Commissioner,Town of Barnstable QAOrder Ietters\Housina viol ati onsTental ordinance 91 capt Carltons 6-18-15n.doc , r � DATE: June 19, 2015 TO: Building File FROM: Robin C. Anderson, ZEO RE: Inspection LOCUS: 91 Cap'n Carleton Rd, Cotuit M&P: R038-034 ZONING: RF Single Family Residential WEATHER: Approx 70 degrees, sunny—light breeze PRESENT: Tim O'Connell, Health Inspector Mike Bellavance, House Manager Reported to the site on June 17,2015 with Tim O'Connell. Found a four bedroom,2-bath home with an unfinished basement and garage under constructed in 1978. The original building permit refers to a three bedroom septic system. The house was tidy but suffers from neglect. The yard is unkempt. The house is perched on a hilly lot at a higher elevation than street level. There is a driveway that leads directly to a 2 car garage(contained within the foundation)and another circular driveway that is currently overgrown. There is no lawn or landscaping and no apparent attempt at manicuring or maintaining the site in a tamed but natural fashion; it's simply overgrown and scruffy. The back yard slopes down and remains a wild mass of pricker bushes and weeds. There were two vehicles and a large dumpster(containing household debris)in the driveway in front of the garage. One vehicle looks to be unregistered and likely not drivable. The overgrown circular driveway was empty but for our municipal vehicle. We were admitted to the property by Mike Bellavance,House Manager. He reported that there are 4 occupants. Mike for 2 months, one resident for 1.5 years and the other two occupants for 2 months also FIRST FLOOR-Bedroom We entered from the front door. Off to the left was a small bedroom. There was a single bed,a bureau and a TV. This was the manager's room(Mike). Continuing down the hallway, is a bathroom. The kitchen/dining room is to the right and directly opposite on the left is an office/living room. Kitchen/Dining Room The L-shaped kitchen is dated and the appliances are old. The small cabinet to the right of the refrigerator was broken and the counter top piece sat askew on top of the unit.The sink contained breakfast dishes but in general the place was neat and Spartan. The first floor almost appeared unused. The dining area directly abuts a Formica peninsular. The outside wall contains a failed glass slider. A note reminding occupants to not open the slider is taped to the glass at eye level. When I lifted the curtain I found that the inside groove of the stationary glass door was stuffed with newspaper. I could feel the air moving through the unit and when I dropped the curtain back in place it continued to move with the gush of outside air. The dining area contained a table and chairs. An unopened book about addiction was on the table along with a few other items. A 1 i portable pantry was on the hallway wall directly behind the peninsular. Food items and miscellaneous provisions were displayed and ready for easy reach. On the far end is separate area but an open continuation of the dining room. It may have been used either as a den or perhaps a more formal dining room at one time. Currently, it is devoid of any furniture. A dog bowl, leash, a 40 lb bag of chow and a bike were the only items in the room. On the opposite end of the house is a living room/office with a fireplace and slider. The room was furnished with a couch and chair as well as a work station and office chair.The slider is another old style aluminum framed unit typical of the original construction date in 1978. The unit was very difficult to open and I got it open just enough to squeeze out sideways onto a wooden deck. (im and I were reluctant to force the door open any more.) The first floor smoke detector was missing. There was no CO detector on the first floor. DECK The deck has obviously been neglected. It is deteriorating and rotting. Some places were brittle and other boards were so spongy that Tim was afraid he may step through the deck. There was a serious amount of rot near the sliders and particularly where the hand rail meets the house. The unit is slightly buckled in the middle. (This is visible in at least one photo.) I walked around the deck and found the mid section to be pulling apart and off-kilter. I photographed this as well. SECOND FLOOR The second floor contained three bedrooms and a full bath. Tim measured all bedrooms (including the one on the first floor). The room on the left contained two bunk beads and a bureau. The room was clearly occupied. The room at the end of the hall was also occupied and contained a single bed and bureau. The room on the right contained a single bed occupied by its sleeping resident during the inspection. GENERAL Through out the entire house not a single window or door was open to allow fresh air to come in even though it was a warm spring day. The sleeping occupant had a fan on the floor near the bed facing him. The smoke detector upstairs was tested and found to respond properly. A fire extinguisher was mounted on the hallway wall upstairs and there was also one on the first floor as well. No CO detector was found on the second floor. BASEMENT—GARAGE The lower level was unfinished. There was a new front-loader washer and dryer installed. A door to the left at the bottom of the basement staircase was locked. Mike stated he did not have a key but we could enter the garage from outside. We walked around to enter the garage and found it to be unfinished and used for storage of furniture and miscellaneous items. We found an operable Smoke and CO combo unit in basement. 2 i Duwor's—91 Cap'n Carleton Rd, Cotuit June 18,2015 The Health Director authorized a partial condemnation for the deck prohibiting its use in its current state and ordering it to be repaired or replaced in accordance with the requirements of the Mass State Building Code. A letter announcing this action was sent by registered mail to the property owner. Two laminated stickers were posted on site— one taped to the living room/office slider(facing inside) and the other inserted into a crevice between the deck rail and hand rail. (Photos on file). On the same date, a separate letter was also sent by registered mail to the property owner concerning violations of the state sanitary code including the septic capacity and the number of bedrooms observed, inoperable or missing smoke and CO detectors as well as other miscellaneous repairs ordered. The property owner was ordered to correct two violations within 24 hours: the smoke and CO detectors and the removal of lock on the lower level garage door to serve as a substitute secondary means of egress. Upon confirmation of the property owner's receipt of the letter, Regulatory and Legal staff attempted to obtain contact information for the house manager through the property owner's counsel to no avail. This failed attempt was an effort to arrange a follow-up compliance inspection for the items identified in the 24 hour notice. I reported to the site with Tim O'Connell for a compliance check regarding the 24 hour orders. Mike answered the door and provided his cell number(508-858-9522). There was a new combo smoke & CO unit(uninstalled) in the kitchen for the first floor. Tim hung it up on an empty picture hangar in the hallway to at least get the unit in nearer to the first floor bedroom. Mike reported that the second floor unit was a combo unit but when we checked it was determined that it was in fact simply a smoke detector. Mike stated that he would call the owner and let him know to replace it. Tim advised this matter must be resolved immediately but that he need only buy a simple carbon monoxide detector for the second floor as an operable smoke was already installed. Mike agreed that if the owner doesn't respond today he would go to the hardware store and purchase the unit himself. He will communicate with Tim to confirm the purchase and arrange a follow up inspection later or in the alternative provide a photo by email until we can return. The lower level garage door was now locked from inside by a dead bolt and was easily unlocked with a turn of the wrist and the use of a door knob. This correction allows all occupants to exit the premises. Before we left the site we confirmed that condemnation order was still posted. 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I Track It Sign up for My USPS> HELPFUL LINKS ON ABOUT.USPS.COM OTHER USPS SITES LEGAL INFORMATION i Contact Us About USPS Home Business Customer Gateway Privacy Policy - Site Index Newsroom Postal Inspectors Terms of Use FAOs USPS Service Updates Inspector General FOIA Forms&Publications Postal Explorer No FEAR Act EEO Data Government Services National Postal Museum Careers Resources for Developers Copyright©2015 USPS.All Rights Reserved. https://tools.usps.com/go/TrackConfirmAction.action?tRef=fullpage&tLc=1&text28777=... 6/23/2015 r Town of Barnstable EVE Regulatory Services iASNSTABL& Richard Scali, Director MAM 9$�f�a��� Public Health Division Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 June 17, 2015 Attn: Cotuit Fire Health Inspector Timothy B. O'Connell, R.S., conducted a rental inspection in accordance with The Massachusetts State Sanitary Code, 105 CMR 410.482, the Health Department is required to notify the Fire Department if there is a smoke detector/CO detector violations, or possible smoke detector violations. The following property had possible smoke detector (and\or CO detector) violation(s): 91 Captain Carleton's Road, Cotuit Assessors Man-Parcel: (038-034): There were no operable smoke or carbon monoxide detectors on first floor of the dwelling. Missing carbon monoxide detector on second floor of the dwelling c Timothy . O'Connell, R.S., -Health Inspector i QAOrder letterMousing violations\Rental ordinanceUire ViolationsTIRE TEMPLATE.doc 7 ? THE FOLLOWING IS/ARE THE BEST IMAGES FROM. POOR QUALITY ORIGINALS) I m DATA r � e r TOWN U BARNSTA�iLE UEPARTM, rK GFREAI. K$AF4°TtiAJVD . F.Ati�RDIYMti�w7A1.Si RYICE3 RMTH Tolve 0:V KEEP ij - .=; UN$AFiJ ST1tHC1'URE i r UNINHABITABLE COYI`ACT 1*.AI;PH DEPARTMEI i BEFORE ENTRY OR REPAIR t' P140IN $08-862-4643 t1r Address 1rcahh official . . � �` a, �. .�,. � w - �I r� ,.a ,� y- 'o '"'.. r � � �� �� r j ;� � � � � -��,F ' ,, � � !, _ 1 - -� � � � �.."-: � � — .� ~.Y �¢ ."' ___ ,� ' � � - _r_�-.�___. .._ ___ , t .,. ,�.�a,,.� .. ,. �, � �~' r �� ��' #� ,, s �.� ,,� ���: __ � �� �w •� r��. i 3 .. h r'"� 1 r J y� .� �,�,�, ♦q. k.�, _ ' • I ` ' I O'Connell, Timothy From: McLaughlin, Charles Sent: Friday, June 19, 2015 4:44 PM To: Esquire Kathryn Bean (kath ryn @cape lawyer.net); moscalaw22@yahoo.com Cc: McKean, Thomas; O'Connell, Timothy; Perry, Tom; Anderson, Robin; Weil, Ruth Subject: FW: Dear Katie and Nick, As a courtesy, I am forwarding correspondence from the Board of Health to Dr. Duwors which is being posted certified mail today. Some of the violations identified must be corrected in 24 hours or the property must be vacated in its entirety until the deficiencies are fixed. Given the critical issue of emergency egress being substandard due to the rotten deck which is discussed in the partial condemnation order attached, the Board of Health will be posting a partial condemnation order on the deck on Monday as the deck's condition represents not only an imminent risk to those standing on it, but also to those who may need to use it for emergency egress. With the sliders to the deck inoperable and the deck inaccessible, and with the basement door locked with no key and no handle, there is only one emergency exit at this hour, a glaring safety violation of the state building code.This can be remedied, according to the Board of Health, by correcting the access issues (key, lock, and handle) at the basement door as per the order. There are also a host of other violations that are addressed and which can be corrected at some expense, but especially including replacement of missing smoke and CO detectors. I will forward relevant photos on Monday for your files. We have also completed the maximum occupancy calculations and as soon as I have the BoH memo, I will forward it to you. Thanks. Call when you have time. Charlie From: O'Connell,Timothy Sent: Friday, June 19, 2015 12:56 PM To: McLaughlin, Charles Subject: 91 capt. carletons 91 captain carlton 6-17-15.DOC... 6-18-15.doc... These are the two documents I will be sending to Robert Duwors via certified mail today. TTimntlpj TA O'(rpnnrtt, +R.3 ?�rttltll Jns}�rrlur LuuJn of igarnstahtr 1 TOWN OF BARNSTABLE BOARD OF HEALTH ARTICLE II: MINIMUM STANDARDS FOR HUMAN HABITATION Date V T Time: In � y� Out Owner r Tenant 1 � Address 1b Address L Compliance Remarks or Regulation# Yes NO Recommendations 2. Kitchen Facilities -- 3. Bathroom Facilities 4. Water Supply 5. Hot Water Facilities 1 d 6. Heating Facilities V i� 7. Lighting and Electrical Facilities 8. Ventilation e 6 2 9. Installation and Maintenance of Facilities IrZ 10. Curtailment of Service (f I �— Ok 11. Space and Use 12. Exits 13. Installation and Maintenance of Structural 1ti A),( Elements 14. Insects and Rodents 15. Garbage and.Rubbish Storage and Disposal + s 16. Sewage Disposal 17.Temporary Housing j 2 18. Driveway Width 19. Number of Tenants Observed L PART II 37. Placarding of Condemned Dwelling; I Y j Removal of Occupants; Demolition Number of Bedrooms Number of Vehicles (lowed (max) Number of Persons Allowed (max) �— Person(s) Interviewed Inspector 01 If Public Building such as Store or Hotel/Motel specify here VEl° The Town of Barnstable Office of Town Manager B^RNST^B MASS. Main Street Hyannis,MA 02601 BARNSTABLE y g 1639 Office; 508.862.4610 ��•� ea��.�N�•�"x„5 wurons nus-osremue•r��euursrneE Fax: 508.790.6226 16�Dg 4 www.town.bamstabl e.ma.us Citizens' Resource Line: 508.862.4925 Thomas K. Lynch,Town Manager Mark S. Ells,Assistant Town Manager tom.lynch@town.bamstable.ma.us mark.ells cr town.barnstable.ma.us June 3,2014 Mr. Walter Heyde,President Landfall Association, Inc. P.O. Box 2029 _ p Cotuit,MA 02635 r4�a � -_ Om•.q i -'.w Cw� Re: Your letter of May 28,2014 �m. Dear Mr.Heyde, a Thank you for your letter of May 28"'regarding your concerns about 91 Captain Carleton.Road, ato Cotuit. We share the belief that each neighborhood in Barnstable should be safe and peaceful. ` M However,we differ as to your assertion that the Town of Barnstable has not responded to alleged violations of Town regulations or that it has been reluctant to enforce them. The Town is not"looking the other way"and, actually, quite the opposite is true.As Building Commissioner Tom Perry told your group on May 9th,both he and his staff responded to complaints of overcrowding last summer.Numerous visits to the property were conducted at random times of the day and night and no conditions were observed that would have suggested any violation of town ordinances or state building and health codes. On at least one occasion, Mr. Perry knocked on the door and was denied entrance which,absent a court warrant,was entirely within the occupant's right to do. You were also told at the May 91h meeting that, other than the failure to comply with the town's rental registration ordinance,there currently are no violations of Town ordinances or regulations that have been recently observed at the property. Subsequent to the May 9'h meeting,Building Commissioner Tom Perry conducted an internal inspection of the property on May 15'h at the invitation of the property owner and again found no ordinance or code violations. As also discussed on May 9'h,the property is in a zoning district that allows the occupant "family"(consisting of even a single person)to rent out rooms to as many as three(3)boarders. Thus,occupancy by as many as four(4)unrelated persons at the property is expressly permitted by the Town's zoning ordinance. Hence,with this history,there has been absolutely no"probable cause"for the Building. Commissioner to seek a court warrant to compel entry into and.inspection of the interior of the property. It is vital that you understand that the Town must act according to law and that failure to do so could readily violate the occupants' civil rights, exposing the town and its staff to civil rights . claims. This is especially so with respect to individuals recovering from substance addiction who s] are a protected class affirmed as such by a long line of federal court decisions, including a U.S. Supreme Court decision exactly on point. As to specific conditions of concern at this property,Mr: McLaughlin suggested that it would be appropriate that the association meet with Chief MacDonald to receive his guidance on departmental response to activity that might warrant a police response.That meeting has now occurred and I understand that the meeting was both productive and helpful. It is also important for you to recognize that lack of sobriety is not a crime.Therefore,resident intoxication,taken by itself, is not a circumstance or fact that would,or could,warrant any enforcement action by the Town.You have also misquoted Mr.McLaughlin's statements at the May 9`h meeting as both Commissioner Perry and he reported that only one male,not"several males",was observed intoxicated during a recent medical call to the property. Ultimately,you know that all of our outstanding public safety officials and our building/zoning staff are ready to and will respond immediately to any conditions which would warrant their intervention,guided by legal requirements that protect the civil rights of all citizens. We both should expect no less. Very truly yours, Thomas K. Lynch cc: Honorable Martha Coakley Honorable Brian Mannal Town Council President Jessica Rapp Grassetti Police Chief Paul MacDonald Richard Scali,Director,Regulatory Services Thomas Perry,Building Commissioner Robin Anderson,Zoning Enforcement Officer Thomas McKean,Director,Board of Health V Dr. Wayne Miller,Chair,Board of Health Ruth Weil,Town Attorney Charles McLaughlin,Assistant Town Attorney Patrick Cassidy, Cape Cod Times Landfall Association,Inc. Post Office Box 2029 Cotuit, Massachusetts 02635 May 28, 2014 Thomas K. Lynch Town Manager Town of Barnstable Town Hall—367 Main Street Hyannis, Massachusetts 02601 RE: Complaint regarding violations of zoning regulations at 91 Captain Carleton's Road Cotuit, MA Dear Sir: Landfall Association, Inc. is the homeowners' association for the Landfall development located off of Putnam Avenue in Cotuit. We are writing to follow up on our formal complaint to the Town of Barnstable dated June 11, 2013 asking the town to enforce town regulations against the owner of the premises located at 91 Captain Carleton's Road in Cotuit. The property owner has been continuously conducting a business, variously referred to as a half-way house, or a "sober house", or'a residential treatment center, in a house designated by the Town of Barnstable as a single family home. Directors and other members of the Association recently met with Jessica Rapp Grassetti, Barnstable Town Councilor representing Precinct 7 which includes Cotuit, Town Counsel Ruth Weil, Associate Town Counsel Charles McLaughlin and Building Commissioner Tom Perry. Subsequently directors met with Police Chief Paul MacDonald. Each of the town officials were helpful and seemed interested in resolving this problem. However Tom Pent' and Charlie McLaughlin stated to the group that there was presently no probable cause for the town to enter the premises at 91 Captain Carleton's Road. Landfall Association is concerned by the reluctance of the town to take any action at the premises. Last year when there were as many as thirteen persons living on the premises and as many as eight cars in the yard, town officials found no excuse to enter the premises. Charlie McLaughlin stated that the town was reluctant to take any action against a sober house, despite the fact that the recent police report clearly indicated that "several males inside were "highly intoxicated", and "this was an unsafe residence". Charlie also pointed out that from a legal perspective, if the residents are actively using, they are not eligible for the special protections afforded persons in treatment for substance abuse. The police report also indicated that the hard- wired smoke alarms all had wires cut to prevent activation. Surely deactivated fire alarms present a safety hazard in a rental property. , It is true'that the town has summoned the owner to court relative to his failure to register the house as a rental property. ,But despite the fact that the Landfall homeowners were led to believe that it is common for the town to seek cease and desist orders and to conduct a BIRS inspection at properties like this one, nothing was done. Landfall Association wants you to tell us why such routine actions were not taken in this case. Obviously there are liability implications for the Town of Barnstable if the town continues to look the other way regarding open and obvious violations of town regulations. We are once again asking your assistance in assuring that the Town of Barnstable is making timely efforts to correct this situation and to return our neighborhood to a peaceful and safe environment. Would you and your department heads please look into this matter and provide Landfall Association and its members with a written report in the next thirty days. That report would include an explanation of the failure to the town to seek a cease and desist order and the town's timetable and action plan for remedy. Thank you for your consideration. LANDFALL ASSOCIATON,INC. By: Walter Heyde, resident C) { Cc: Landfall Board of Directors Tom Geiler,Regulatory Services Thomas Perry, Building Commissioner mas McKean, Board of Health Wayne Miller, Board of Health ` a-ba Ruth Weil,Town Attorney Charles McLaughlin,Associate Town Counsel Chief Paul MacDonald, Barnstable Police Department Robin Anderson,Zoning Jessica Rapp Grassetti, Precinct 7 Town Councilor Honorable Brian Mannal Honorable Martha Coakley Patrick Cassidy,Cape Cod Times f oFI"Era,. Town of Barnstable � o ' Regulatory Services &AYMSrnscE, 9� '"�: ,0� Public Health Division ejEO A1A'�A Thomas McKean,Director 200 Main Street, Hyannis, MA 02601 Office: 508-862-4644 Fax: 508-790-6304 . Date: December 26, 2013 Bar(s): 70774 Name of Offender:- Robert Duwors- - Location of Violation: 91 Cap'n Carleton's Road Cotuit, MA Date(s) of Violation: June 13 2013 Violation(s): Town of Barnstable Board Code § 17074. Failure to register rental properties. - Facts: On October 31, 2012 a certified letter was sent to said offender explaining the rental ordinance. According,to United States Postal Service records, said offender signed for this letter at 8:52am on November 24, 2012. Due to the lack of response from Mr. Duwors a$100 citation (Bar 70766) was issued to said offender on June 13, 2013 The Health Division feels that approximately eight (8)months is ample time to either inform us of his rental citation or comply with said ordinance. Furthermore, due to the lack of response or compliance coupled with a three (3) month period since first citation was issued a second $100 citation (70774)was issued to said offender on September 11,2013 Respectfully Submitted, Timothy B. O'.Connell, RS Health Inspector Town of Barnstable 200 Main Street Hyannis, MA 02601 (508) 862-4644 Citations — Duwors 91 Carleton , Cotuit Health 70774 Hearing 2/7/2014 Friday Health 70766 Arraignment 3/26/2014 Weds. Zoning 74129 Arraignment 3/26/2014 Weds. Zoning 74130 Arraignment 3/26/2014 Weds. Ask to have BAR# 70774 included in the arraignment on 3/26/ 14 If he does not appear r NAME OF OFFENDER BAR 70774 TOWN OF ADDRESS OF OFFENDER i311�� ` f 1P,+�3���( BARNSTABLE CITY,STATE.ZIP CODE p1 pIF IHE► '' MV/MB REGISTRATION NUMBER OFFENSE +. • _, r �) .�- xnx �b � i�,,A.v��td ' ".r =• 9"�/.Dy"i�i,�tv'i..v� �✓) .P��r�,. W. 1639. TIMEAND DATE OF VIOLATION. LOCATION OF VIOLATION W NOTICE OF `$ : (khi.z-Fw,)ON 1 20 ' f��t f >c,t+�, SIGNATURE.OF.-••ENFORCINGPEflSON ^ ENFORCING DEPTH BADGE NO. N VIOLATION 0 UJI OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X ` CL ORDINANCE 9 Unable to obtain signature of offender. 1Q— �, THE NONCRIMINAL FINE FOR THIS OFFENSE IS = ell Date mailed ` I 1 !7 W OR YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL W REGULATION DISPOSITION WITH NO RESULTING CRIMINAL RECORD. N (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, W before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money.order or postal note to Barnstable Clerk,P.O.Box 2430, � Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. n- 2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST, UNSTABLE DIVISION,COURT COMPOUND,MAIN STREET BARNSTABLE,MA 02630,A In:21 D Noncriminal Hearings and enclose a copy of this citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or if you fail to appear for the hearing or topay any fine determined at the hearing to be due,criminal complaint may be issued against you. ❑ 1 HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$. Signature NAME OF OFFENDER YA R 70766 TOWN OF ADDRESS OF OFFENDERro BARNSTABLE CITY,STATE,ZIP CODE 0 01 F �. OFFENSE�'1/1. 5J'"" + f"'SJ4""^`�.'4. .� R,.Rw' �. 1'1r4/�"'�' i /�'t7~� t✓i.. .. t/6s' �-• Uj RAN\�I ARI.l: CD LU TIME AND DATE OF VIOLATION i LOCATION OF VIOLATION �' Z NOTICE OF (A.M 'P.M.)ON .kVAte I+3 ;20 ,' SIGNATURE-0F.ENFORCING'PERSON ENFORCING DEPT.' BADGE NO. W VIOLATION I,.�. '�-- �'ri `+.. c OF TOWN I HEREBY ACKNOWLEDGE RECEIPT OF CITATION X LU ORDINANCE 'Unable to obtain.signature of offender. J t 5; f THE NONCRIMINAL FINE FOR THIS OFFENSE IS I t OR Date mailed tw YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINAL a REGULATION DISPOSITION WITH NO RESULTING CRIMINAL RECORD. �w (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, LL before:The Bamstable Clerk,200 Main Street,Hyannis,MA 02601,or by mailing a check,money order or Postal note to Barnstable Clerk,P. Box 2430, .../ Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. d (21 If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST p RNSTABLE DIVISION,COURT COMPOUND,MAIN STREET ARNS ABLE,MA 02630,Atin:21D Noncriminal Hearings and enclose a copy of this citation for a hearing. 3 If you fail to a the above offense or to request a hearing within 21 days,or If r. O Y pay q g y you fail to appear for the hearing or to pay any fine determined at the hearing to be due,criminal complaint may be issued against you. _ ❑ I HEREBY ELECT the first option above,confess to the offense charged,and enclose payment in the amount of$ Signature THE FOLLOWING IS/ARE THE BEST � IMAGES FROM POOR QUALITY ORIGINAL (S) MB U� L DATA -u , .. x _ $ (S BAR r ' c Wa \ m i uv fSPostage - ns c Cert'rfied Fee i 85� Gl a4-9. � - C-3 Return.Receipt Fee _He I - MV/MB REGISTRATION NUMBEA �I _ Q (Endorsement Required) o 2 > Restricted Delivery Fee pJ q \ I' (Endorsement Required) x tt Cv n� p a- I! p Total Postage&Fees ��� U ��F aril ;cr o �I w -'\99 i° I �?y CATI OF VIOLATIO z Sent To A 20 L3 ((//ff� Jr ' Tl l /EJ ----------- EN I G D T. l t7 r 1 W I rl --- BADGE N0. y I I .. f� Street,Apt.No.; or PO Box,No. U UQ - w - City Sta[e,ZiP+4 ;ION X LU :. 11- 11•�' - _� eD '- - ' - THE NONCRIMINAL FINE FOR THIS OFFENSE ISLU YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS MATTER.EITHER OPTION(1)OR OPTION(2)WILL OPERATE AS A FINALUJ REGULATION DISPOSITION WITH NO RESULTING CRIMINAL RECORD. - wI (1)You may elect to pay the above fine,either by appearing in person between 8:30 A.M.and 4:00 P.M.,Monday through Friday,legal holidays excepted, < before:The Barnstable Clerk,200 Main Street,Hyannis,MA 02601,or,by mailingg a chedr,money order pc postal note to Barnstable Clerk,P.O.Box 2430, � Hyannis,MA 02601,WITHIN TWENTY-ONE(21)DAYS OF THE DATE OF THIS NOTICE. CL (2)If you desire to contest this matter in a noncriminal proceeding,you may do so by making written request to DISTRICT COURT DEPARTMENT,FIRST I BARNSTABLE DIVISION,COURT COMPOUND,MAIN STREET,BARNSTABLE,MA 02630,Attn:21 D Noncriminal Hearings and enclose a copy of this j citation for a hearing. (3)If you fail to pay the above offense or to request a hearing within 21 days,or it you fail to appear for the hearing or topay any fine detannined at the hearing to be due,criminal complaint may be issued against you. i I� + ❑ I HEREBY ELECT the first option above,confess to the offense.charged,and enclose payment in the amount of$ :I Signature NAME OF OFFENDEfl 77 BAR ? TO OF;, ADDRE S OFOFjF'Nt DER ,q{ 9{_ } _ . ' - - t.ei i'4 °'�" » 2 �*•� -. � C'A.�l „ T '`'."'.'{' .,r `"'c- 'k.v '..-,_""a.s•.`,'. - i _ I BAR STABLE GTY STATE ZIP CODE A y 3 3 3 ..: - - tw. dF fit}- - HAH\\I APIJ::: EE t ! 1 ��..., 3?. 3 -Yq. - f ` . ``,, 4 k $` I �.a3v `� �'8�� � V � r� � ��'3e t"5� $�� '�"� '��� �r�n-� rcMa+ ii i g* _ kAs ' R O z TIME AND DATE OF VIOLA N > T CATION OF VIOGATION� NOTICE OF in --7� 3 �- w; t � $A M�/ P M),ONµ 4 _ 20 SIGMATU E OF ENFO LING PERSON; - VIOLATION Ett '"{{GOEPr t t ' r BADGE N y,t Glf� 9. S c a OF TOWN 1 r i H�EBY ACKNOWLEDGE RECEIPT OF CITATION X �z rORDNANCE :Unaet<o THE NONCRIMINAL FINE F R THIS OFENSE IS-[bat' i Qh. mailed K' k ODE- r.I:ej ff7T YOU HAVE THE FOLLOWING ALTERNATIVES WITH REGARD TO DISPOSITION OF THIS,MATTER EITHER OPTION(t)OR,OPTION_(2)WILL.O?ERATE AS A FINAL °- REGULATION ''OISPOSITIONWITH NO RE$ULTINGCRIMINAL RECORD4,_ n . i31 �fa WY .$ (1)You may;.eled to pay the above.:fine edherbyappearing.Jn perscn,between:8.30 A M andF,4'OO PM,aMonday through Fnday;aegel hollda excepted;' ` Q». _ before The Barnstable Clerk,200,Main SVeet;_Hyanms MA.02605„oi.by madmgla check moh6y orcter or postal note to Bamstable Cla P. Boz 2430- w' _f a, :Hyanms`.MAi02601;.WITHINTWENTY-ONE(21)DAYS•OF'THEDATEbFTHIS`NOnCE r r.:• a �2)If you'desire tI contest this matter'm a noncnminal proceeding you may do so by malang-written regiiest to DISTRICT COUFff"DEPAFTMENT FIRSF> ARNSTAI3CE DIVISION;COURT COMPOUND;MAIN STREET BARNSTABLE MA 02630 Attn 21D Noncriminal"Hearings and enclose-a oopy'of this citaton for a neann9 s :fir a �- �E,mA, 0b`tt s D.N (3)If ycu fall to pay the above offense or to request a hearing within 21 days or If you fall to appear for ttie hearing of to pay ariy'fine determined at the. hearing to be due criminal complaint.may be issued agamstyouu , �t Ii HEREBY ELECT t6'first optibmabove confess to'.the-.oftenii charged and enclose payment m the amount of$ - It x _ r 1 y I � F K r Frustrated neighbors have little r... http://www.capecodonline.com/apps/pbcs.dli/article?AID=/20140522/NEWS/405220325 Cr a Frustrated neighbors have little recourse Text Size: A I A I A ® Email this Article OPrint this Article mail this Article ShareThis Buy This Photo Loadin a Neighbors have voiced concerned about this Cap'n Carleton Road home.Cape Cod Times/Merrily Cassidy By Patrick Cassidy pcassidy@capecodonline.com May 22, 2014 COTUIT — A sign on the door reads "Beware Big Dog" although there was no barking at 91 Cap'n Carleton's Road earlier this week. In front of the garage, empty cardboard boxes were piled near a dusty Saab. Nobody answered the front door. But neighbors say the house has been plenty busy. They have complained to town officials that the owner of the gray Colonial, Robert DuWors, has scoffed at neighborhood association rules, that too many people have ,been living there, that it's an illegal rental and that the owner has operated it as a sober house, exposing the otherwise quiet neighborhood to potential problems from drug and alcohol while providing only limited treatment for clients. http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20140522/NEWS/405220325 5/22/2014 Frustrated neighbors have little r... http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20140522/NEWS/405220325 [/ "He goes back to being a problem into the 1990s when it was hard to get him to pay his dues, said Walter Heyde, president of the Landfall Home Owners Association, which includes about 45 property owners on several roads in the area. It's hardly the only neighborhood-landlord dispute on Cape Cod but this part of the state is missing one effective tool to resolve these types of issues: housing court. One fifth of the state, including Cape Cod and the Islands is not served by housing court, which proponents say provides an efficient means to iron out disputes like the one in Cotuit. Instead, local cases that can't be resolved by boards of health and building departments wind up in the same place as assault, robbery and drunken- driving cases: district and superior courtrooms. "When you have a situation where over 30 percent of the people in the commonwealth don't have access to the housing court it doesn't make any sense," said James Van Buren, a Fitchburg-based lawyer who serves on the state's Access to Justice Commission, a group of lawyers,judges and other officials charged with improving the judicial system. There are 10 permanent judges assigned to the housing court who sit in 20 locations across the state, said Paul Burke, deputy court administrator. The court covers five divisions but not the Cape and Islands or large swaths of Suffolk, Middlesex and Norfolk counties because of the way the court gets established. "Typically the way the housing court has expanded is because of community group support," said housing attorney Annette Duke with the Massachusetts Law Reform Institute, a statewide nonprofit poverty law and policy center working on the problem. Support has been building on the Cape and in the other unserved areas, however, and a proposed amendment to the state senate budget would expand the court to the entire state. "This really will just set the process in motion," said state Sen. William Brownsberger, D-Belmont, who sponsored the amendment with the Cape's state senator, Daniel Wolf, D-Harwich, and other lawmakers. Although it will have to be reviewed because of the eventual cost associated with the expansion, there's no dollar figure attached to the amendment, Brownsberger said. The housing court's current annual budget is about $7.9 million, according to Burke. The annual cost of expanding it has been estimated at $2 million to $3 million, Brownsberger said. http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20140522/NEWS/405220325 5/22/2014 Frustrated neighbors have little r... http://www.capecodoriline.com/apps/pbcs.dll/article?AID=/20140522/NEWS/405220325 tr If it doesn't pass as part of this year's budget Brownsberger and others said they expect it will come up early in the next session. "Hopefully they come to an agreement," Van Buren said about a conference committee that will have to approve the measure. The idea is to use the first year to establish logistics for the court to sit in the expanded areas, Van Buren said. It requires sharing local courtrooms and find space for judges chambers, clerks offices and mediation sessions, he said. But Van Buren and others say the expense and planning will be worth it. Housing Court, they say, has more specific expertise than other courts and is able to resolve cases quicker at less expense, which is good news for not only neighbors but also landlords and tenants. Local officials say the change could help in situations like that facing DuWors' neighbors. Last week, Barnstable Town Council voted to support the court's expansion. Barnstable Health Director Thomas McKean said DuWors has been issued two $100r fines and is facing a.June 9 date-in district court-for failing to.register the home as a- trental.; Neighbors say their concerns go beyond paperwork and stem largely from the property's use as a sober house connected with a mental health facility DuWors ran in Mashpee until it closed down last year. "What I'd like to see done is a complete shutdown of him renting out the home," neighbor Sherry Jackson said. The association doesn't allow rentals and the unregulated nature of sober houses leaves residents with little information about what goes on there, Jackson and Heyde said. At one point, neighbors say, there were as many as a dozen people living at the Cap'n Carleton's Road home amid clear signs of alcohol abuse. DuWors, who has owned the home since 1988, according to town assessors records, has proven himself difficult to pin down, neighbors and town officials said. In the past he has avoided attempts to serve him to recover association dues and repeatedly failed to respond to violation notices from the town, they said. Repeated attempts by the Times to reach DuWors at local numbers listed for him were unsuccessful. A message left at a number listed for his office in Rhode Island, where he is a licensed psychologist, was not returned. http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20140522/NEWS/405220325 5/22/2014 Frustrated neighbors have little r... http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20140522/NEWS/405220325 i il And, although police have been called to the home only three times since 2007, neighbors say ambulances have been called to the property repeatedly. Cotuit fire officials did not respond to a request for information on the number of calls. So far town officials have been unsuccessful in getting much of a response from DuWors. "Some landlords and property owners see these complaints as the cost of doing business," Barnstable assistant town attorney Charles McLaughlin said about the district court case pending against DuWors. Without substantial violations, towns are currently restricted in what they can do, McLaughlin said. For DuWors' neighbors any help would be welcome. "He just doesn't like to comply with rules, regulations and the laws," Heyde said. HOME e r �P http://www.capecodonline.com/apps/pbcs.dll/article?AID=/20140522/NEWS/405220325 5/22/2014 oFIME r To`vn of Barnstable Regulatory Services • BARNSTABLE, MASS. � om• g Thomas F. Geiler, Director �pTED MP'� Public Health Division 4 ( Thomas McKean, Director 200 Main Street, Hyannis, MA 02601 / 1 Office: 508-862-4644 �'' x: 508-79 6304 �v - Date: September 23, 2013 Bar(s): 70766 Name of Offender: Robert Duwors Location of Violation: 91 Cap'n Carleton's Road Cotuit, MA Date(s) of Violation: June 13, 2013 Violation(s): Town of Barnstable Board Code § 170-4. Failure to register rental properties. Facts: On October 31, 2012 a certified letter was sent to said offender explaining the rental ordinance. According to United States Postal Service records, said offender signed for this letter at 8:52am on November 24, 2012. Due to the lack of response from Mr. Duwors a$100 citation was issued to said offender on June 13, 2013 The Health Division feels that approximately eight(8)months is ample time to either inform us of his rental citation or comply with said ordinance. "Furthermore, due to the lack of response or compliance coupled with a three (3) month period since first citation was issued a second $100 citation (70774) was issued to said offender on September 11, 2013 Respectfully Submitted, l Timothy B. O'Connell, RS Health Inspector Town of Barnstable 200 Main Street I Hyannis, MA 02601 (508) 862-4644 I . I l 9—�3 ld! Town of Barnstable OFtME rp� Barnstable Regulatory Services Thomas F. Geiler, Director A&fteficaMy BARNSTABLE. = Public Health Division 9�AT 059. s � Thomas McKean, Director 21007 FD MAI 200,Main Street Hyannis, MA 0401 Office: 508-862-4644 Fax: 508-790-,6304 October 31, 2012 , Robert Duwors " PO Box 1292 Mashpee, MA 02649 As of October 1, 2006 anew rental registration ordinance was put into affect requiring 'all property owners of rental units 'to register their rental units with the Town 'of Barnstable i Health Division. Once registered all rental properties will receive a yearly inspection to insure no Massachusetts State Sanitary Code or Town of Barnstable Ordinance violations exist. According to our records, you own the rental property at 91 Cap'n Carleton's Road Cotuit, M.A. Enclosed is an application. If dwelling is occupied, you must provide occupants name(s . Also provide the occupant's contact phone number for inspection scheduling purpos i Please use a separate application for each rehial unit you own. Should you need more applications, they are available online at www.town.barnstable.ma.us. Go to the HLIth Division page by looking in the Department Menu. There is a link to the Rental Registration information on the Health Division page. You may print out as many as you need, and return them to the Health Division with the appropriate 2010 fees included. This must be completed within (14) fourteen days of your receipt of this letter. Failure to comply with this ordinance will result in the issuance of a non-criminal ticket . citation in the amount of$100. Each day of non-compliance is considered a separate offense: Should you have any-questions, please feel free'to call 508-862-4644. Thank you in �. advance for your cooperatio y Timothy :O'Connell, R.S. �. . i Health Inspector Health Division -- 1 Direct#508-862-4646 f a ' Health Master Detail Page 1 of 1 ?S ,ea, Heath 't"Ma v� Logged In As: TOWN\oconnelt Health Master Detail Tuesday,October 30 2012 Application Center Parcel Lookup Selection Items Parcel Septic Perc Well Fuel Tank Parcel: 038-034 Location: 91 CAP'N CARLETON'S RD, COTUIT Owner: DUWORS, ROBERT M Business name: Business phone: I Rental property: r Deed restricted: r Number of bedrooms Contaminant released: ri Fuel storage tank permit: r Save Parcel Changes Return to Lookup Parcel Info Parcel ID: 038-034 Developer lot:LOT 14 Location:91 CAP'N CARLETON'S RD Primary frontage: 126 Secondary road:CAP'N SAMADRUS ROAD Secondary frontage:122 Village:COTUIT Fire district:COTUIT Town sewer exists at this address: No Road index:0226 Asbuilt Septic Scan: 038034_1 Interactive map h � Town zone of contribution:AP (Aquifer Protection Overlay District) State zone of contribution:OUT Owner Info Owner: DUWORS, ROBERT M Co-Owner: Streetl:PO BOX 1292 Street2: City:MASHPEE State:MA Zip: 02649 Country: Deed date: 12/15/1988 Deed reference:C116476 Land Info Acres: 0.54 Use: Single Fam MDL-01 Zoning:RF Neighborhood: 0106 Topography: Road: Utilities: Location: Construction Info Building No ear Built Gross Area Living Area Bedrooms Bathrooms 1 1978 2786 11634 3 Bedroom 1 Full + 1H Buildings value:$138,800.00 Extra features: $27,600.00 Land value: $140,800.00 http://issgl2/intranet/healthMaster/FlealthMasterDetail.aspx?ID=038034 10/30/2012 'Citizen Web Request Page 1 of 3 F-1 Y0 AtASS as �i » Logged In As: r Citizen Request Management Tuesday,October 30 2012 TOWN\OWN\ocoonconnelt Route to Users Search Requests Create Requests Request Information Request ID: 41533 Created: 10/26/2012 4:18:11 PM Status: Assigned To Staff Assigned To: O'Connell,Timothy Health Office Anonymous: Yes Request Category: Chapter 170 : Housing Overcrowding edit Routine work: No Estimate: No edit Date scheduled: edit Estimated 11/9/2012 Change Estimated Oct November 2012 Dec Completion Completion Date: Date: Sun Mon Tue Wed Thu Fri Sat 28 29 30 31 1 2 3 4 5 6 7 8 9 10 r 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 1 2 3 4 5 6 7 8 Created By: Parvin, Lindsay Priority: Medium edit Health Office Citation Numbers: edit Requestor Information Requestor Request DETAILS: LOCATION: 91 CAP'N CARLETON'S RD Cotuit, Ma 02635 Request Parcel Number Requestor reports that the home Map: 038 Block: 034 ;Lot: 000� is a rental and suspects that it is being used to house former convicts Parcel Lookup and sex offenders. Requestor reports that people are constantly being picked up and dropped off at the residence at all hours of the day and night. Email: Edit Requestor Information i s http://issgl2/internalwrs/WRequest.aspx?ID=41533 10/30/2012 r` 4 �- y' i } ,. l� , ., I ,, ., ``+. _ .� '�>.. Landfall Association,Inc. Post-Office Box 2029 Cotuit,Massachusetts 02635 June 11, 2013 ' Thomas K. Lynch Town Manager Town of Barnstable Town Hall—367 Main,Street Hyannis,Massachusetts 02601 RE: Complaint regarding violations of zoning regulations at 91 Captain Carleton's Road Cotuit, MA Dear Sir: Landfall Association, Inc. is the homeowners' association for the Landfall development located off of Putnam Avenue in Cotuit. We are writing to raise a formal complaint to the Town of Barnstable over the conduct of a business, a half-way house, in a house designated by the Town -of Barnstable as a single family home in a residential area of Cotuit: Landfall Association, Inc. is a nonprofit corporation formed to manage the common areas of the Landfall Development pursuant to restrictive covenants filed with the Barnstable Land Court. The Association recently contacted and met with Jessica Rapp- Grassed, Barnstable' Town. Councilor representing Precinct 7 which includes Cotuit. Councilor. .Grassetti advised the association to contact the Town Manager directly with our complaint specifically to request the town to move affirmatively to curtail illegal,utilization of the premises located at 91 Captain Carleton's Road (town locator #038034) in the Landfall development off Putnam Avenue in Cotuit, Precinct 7 of the Town of Barnstable. The owner of record of the property is Robert DuWors who we understand does not live in the residence but rather resides in Mashpee. All lots in the Landfall development are zoned as Use Code 1010...Residential Property with Single Family use. Members of the Board of Directors have been advised that the house is being used as a residence for up to ten persons who are said to be involved in a substance abuse treatment program. The Association has been unable to confirm the number of residents or the actual use. However numerous unrelated adult persons are frequently seen coming and going from the residence. More than eight automobiles have been observed at the house on numerous occasions. It is the board's understanding that Mr. DuWors is a clinician who treats persons with substance abuse issues and that he is using the residence as a halfway house for his patients. A copy of a webpage for the Mashpee Mental Health Center advertising its "Cotuit Center" is attached to this letter. Robert DuWors is listed as President of the.Mashpee.Mental Health Center. Landfall Association operates as a neighborhood association pursuant to Restrictive Covenants filed in the Massachusetts Land Court and appended to each and every deed of property in the development. Those covenants state that houses in the development are for single family use only and further state that no commercial business may be carried on at any residence. It would appear that Mr. DuWors' lot is in violation of both of those covenants. The Association has in the past had problems collecting.dues from Mr. DuWors and he has consistently evaded service by the Barnstable Sheriff for the past two years. Further, since the property is zoned for single family use, it is clear that the current use of that property is in violation of the zoning regulations of the Town of Barnstable. In addition, the Board contends that the operation of a halfway house constitutes a commercial business which is similarly prohibited by the zoning regulations of the Town of Barnstable for that lot. The Board understands that Town of Barnstable personnel from the zoning department have visited the property and that some correspondence from that department has been forwarded to the homeowner. The Board has been advised that this will be a lengthy process. We fear that the homeowner will ignore correspondence from the Town in the same way that he has ignored correspondence from our homeowners'association. What the association has been unable to determine is whether the premises located at 91 Captain Carleton's Road has been licensed by any agency of-the Town of Barnstable or the Commonwealth of Massachusetts. If not, the association would like the town to determine whether this facility is being operated without proper licensure. Obviously there are liability implications for the Town of Barnstable if.the town continues to allow an unlicensed entity to provide mental health services to Barnstable residents. A number of our association members have come forward-to complain about the numerous strange people wandering the streets of Landfall and loitering around 91 Captain Carleton's Road. We have a number of children who live with their parents in the development and we expect the number of children to increase substantially during the summer as grandchildren make ' their annual visits. The Board and members of the association fear a multitude of strange persons loitering in our neighborhood with children present. We are asking your assistance in assuring that the Town of Barnstable is making all of the correct timely efforts to correct this situation and to return our neighborhood to a peaceful and safe environment. Would you and your department heads please look into this matter and provide Landfall Association and its members with a written report in the next thirty days. That report would include the town's assessment of the alleged violations and an action plan for remedy. Thank you for your consideration. LANDFALL ASSOCIATON,INC. By: th 1,, M o Walter Heyde, resi ent i l i e Cc: Landfall Board of Directors Tom Geiler, Regulatory Services �.» Thomas McKean, Board of Health Wayne Miller, Board of Health Ruth Weil,Town Attorney Chief Paul MacDonald, Barnstable Police Department Robin Anderson,Zoning Jessica Rapp Grassetti, Precinct 7 Town Councilor e � ' - `i` ,zs25 ka: "x'.,.vv � r5 'k'�i v. c�...sU v �' ,r+� '�t .€i � .' a3�xr ,:h. s• �az—� .r M., '�``�� �' ���,� �� �- �^x'a-t''�� .g r � �'��` �Yr��-,�.a�.A�'` '� �s"� ���� �'� �.k" 5 s ✓ ",- -fit '�'''`a"�C�y =�3.:�`�,`��,� �r. �{ �•�'2�s�. �.�ts- •�y�-ter ?�<F�' '� � y '� � � ��.?�..�: now LOTUIT CEN i ER Treatment, facility for Adults .With Qua! Diagnosis Issues +R t The Cotuit Center, apart of the Mashpee Mental Health Center, provides residential care to post- detoxified, chemically dependent adults.The program and its highly skilled staff offer added expertise in treating individuals whose substance abuse , is complicated by psychiatric illness. Clients in the residential program may be admitted from the community or following a brief inpatient stay. Residential clients participate in a structured program on a daily basis with Master level Clinicians.Treatment length of time varies per resident,with a minimum expected stay of one month and many choosing to remain in residential treatment six months or longer: Individuals receive a mental health evaluation by a licensed clinician, have access to a Mashpee Mental Health Center Staff Psychiatrist and other prescribers expert in the treatment of dual diagnosis disorders. Treatment includes the following: Twice weekly individual psychotherapy and daily,group therapy and/or Twelve Step Program participation, along with milieu therapy are essential components of the holistic . treatment experience. These services are reimbursable through insurances, and residents are asked to pay a fee to r r support their housing expenses, which in some instances is reimbursable through insurances, on a case by case basis. Please contact Mashpee Mental Health Center to learn more about these services and to make application for admission.We accept all major insurance plans. Phone 508-477-5488 Fax: 508-477-9334 A art of Mash pee Mental Health Center, all staff have been trained b Robert DuWors Ph.D. P P Y Instructor in Psychiatry at Harvard Medical School in,his Rhode Island research center in Mindfulness and Neurofeedback techniques, which are also made available to. residents as adjunctive treatment interventions which are also integral aspects of the services provided residents.Tf-tere are two onsite staff members and a maximum number of ten residents. 1 TOWN OF BARNSTABLE BAR-w A829 Ordinance or Regulation WARNING NOTICE Name of Offender/Manager ( J ' ► rt :i �.. Address of Offender �n �� f #. MV/MB Reg.# Village/State/Zip M f �� i > / ;"'` Business Name ,arn%m on rlh/l"20 � Business Address s, "i ' •/- # r / 0%� ' Signature .of Enforcing' Officer Village/State/Zip } / Location of Offense l t t -A)10Al/ t '�}'/;P1rr r,1 j Zyo ) �'�'u/II/ ///-Ir 1� ! 4' f.-� Enforcing .Dept/;Division Offense i t, P Ii t- r—tz6 !� (., (I/rt/ A �_� Facts i .. �:` '--+ 4 � 1 ,., � C' A4 ~I I /) 1pY-_ 1.. I lhr p if i'"..' [ f}! �.!' �f 1/ t'xI/",/ This will serve "only as adwarning. At this time no legal action has been taken.f It is the goal of Town agencies to achieve voluntary compliance of Town Ordinances, Rules and Regulations. Education efforts and warning notices are attempts to gain voluntary compliance. Subsequent violations will result in appropriate legal action by the Town. WHITE-OFFENDER CANARY-ORD./REG.-PROG. PINK-ENFORCING OFFICER GOLD-ENFORCING DEPT. • W • • • • • • • • * • • • • • • (3 O fe '� r t { 1 1 TOWN OF BARNSTABLER_W 1�.�} Ordinance or Regulation WARNING NOTICE Name of offender/Manager r U NJIV5 Address of Offender-:% �m � �,, ;MV/MB Reg.# 10, V41age/State/zip M A ' )4)4& y mA (? A44 Business Name a�m/ o n / a 20 TL r �. c Business Address Signature .df`'E�nnfdreingLOfficer I Village/State/Zip Location of Offense q 1 rAhU OAP P V� & Enforcing be t/03-vision �f Offense .14 01)1'71 A A IA� P OZ O 41I)AI A i?il rl— `ro sg --'"`� � r v ty y...w M i r W+t,:+...-' v •+.�......-'.� ,. y ..- v � � ry=-�r�47'-j -Facts Pf') t' 1)A1 I�`. --P�g (- )- ' )P' A Iw M//'�/ -fir4grold, This will serve-`only as "a warning.' At this time dd leg"al action has been' taken 74 It is the goal of Town agencies to achieve voluntary compliance of Town Ordinances, Rules and Regulations. Education efforts and warning notices are attempts to gain voluntary compliance. Subsequent violations will result in appropriate legal action by the Town. WHITE-OFFENDER CANARY-ORD./REG.-PROG. PINK-ENFORCING OFFICER GOLD-ENFORCING DEPT. Health Complaints 17-Feb-05 Time: 3:40:00 AM Date: 2/14/2005 Complaint Number: 17931 Referred To: DONNA MIORANDI Taken By: Judith flynnoan AGOSTINELL Complaint Type: NUISANCE CONTROL REG. 1 RUBBISH Article X Detail: UNSANITARY CONDITIONS Business Name: Number:- 91 Street: ON Village: COTUIT Assessors Map_Parcel: vJ , Complaint Description: WITH TRASH BAGS AND AN OLD COUCH IN YARD. THE ASSOC HAS SENT TWO LETTER TO HOME OWNER ONE IN NOVEMBER AND ONE IN JANUARY BOTH HAVE BEEN IGNORED. ALSO HAS CONCERNS ABOUT DOGS BEING KEPT IN HOUSE- NO ONE LIVES THERE ON A DAILY BASIS. HAS SPOKEN WITH ANIMAL CONTROL BUT IS STILL CONCERNED ' ABOUT ANIMAL WELLFARE. ; r Actions Taken/Results: DZM investigated and found a sofa and trash in.uncovered barrels on the ground at this home. No one was at home. DZM took pictures and shall send out a warning to owner. Dogs were in the house barking but they were not downstairs penned up. Rather they were upstairs as they were looking out the upstairs window while barking. Investigation Date: 2/15/2005 Investigation Time: 4:20:00 PM 1 r Health Complaints 17-Feb-05 2 i u v Y , A Y a y i ♦Y •Y � T�' �S �.,f ,y. i � � �.. t� � t � •� a:i� :*.,{,�.is i `.'q.. � Y QNd Willi R Y;[ k• 'Y lY !,s^iT�.ky t•7w a � .� � �y� °14 A f� a '' Y t - �.� �• � ` q d! E �! �1� ,�� try, y {��� &�r re p� �e . �, - .. _ #E'p♦li •,� � ,.i a p a, oy� �i ,y ','fit :F` , . s �,.^F EVYAPA,AF i + t :4', s ii r pi {'tI "I i • � n �� t° r} �1INYy� � �'� Pt� } ,£� j� + ! R i•` a. rY �R) �. t t� �P 'Fry ,4 9 _ � �!F � e r RT'�r'f="iryy SjVS 7fj f 4 t� # ! 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J-, 6T1 V1L.lAG-E ��-- I N S T A LLER'S jj NAME i ADDRESS hS' 7- u Y -e B U I L DE R Oft O W N E. �a DATE PERMIT ISSUED z � . DAT E COMPLIANCE ISSUED 7 �7� d a � No.. y . FRs... ........ THE COMMONWEALTH OF MASSACHUSETTS BOAR® F HEALTH ............ .....................OF...... ......z� � t----------.---------•-.......................... Apptiration for Digpviial Worko Tomitrurtion ramit Application is hereby made for a Permit to Construct ( ) or Repair ( ) an Individual Sewage Disposal System at: # ....... !:...._... ... , t /v CWi Tz�n/ I'll. ...._ ' .I LEI .y. . 1 .:... ............. ..._ - ation-Address•-�` • r Lot No. // 1- Owner Address a 4)WAL ... OW6T (ALF(_O -------------------------------•- ---------..1:L? ....)..V L ............................................... Installer Address Type of Building Size Lot__ P_ ----Sq. feet _Dwelling—No. of Bedrooms_________________ ......._..........Expansion Attic ( ) Garbage Grinder ( ) Other-Type of BuildingNo. of persons____________________________ Showers — Cafeteria P, Other fixtures -------------------------------- ------------------------------------------------------------------------------------•-----•--•----------- W Design Flow.......... l_V_......................gallons per person per day. Total daily flow...............036...............gallons. WSeptic Tank—Liquid capacitylq ?_.gallons Length................ Width---------------- Diameter---------------- Depth................ x Disposal Trench—No_ ____________________ Width.................... Total Length.................... Total leaching area....................sq. ft. Seepage Pit No-----------.I------- Diameter.................... Depth below inlet.................... Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ) _ a Percolation Test Results Performed by..........y ...... Date........ _7_ a Test Pit No. 1_.__Z..------minutes per inch Depth of. Test Pit....1_Z__------- Depth to ground water-----IV0'�__" Test Pit No. 2................minutes per inch Depth,of Test Pit____________________ Depth to ground water........................ ........................................................ Description of Soil•••_. �.e _ 1'Yl Ue6;�d d L—�,... 2� � 0()T'C91•C IM�--1-` ! p' x _..--•-•••-••-•.................•••••••••-••-••-•••.._14�.6 _A.T IT ----------•--------------•- U W -------------------------- ----------------=----•---------------------------- --••---••••••••-...•-•---••••----••----•------•------•-----------•----•-•••••--••••---••• .......................... UNature of Repairs or Alterations—Answer when applicable-----------------------------------------------_............................................... Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with ` the provisions of TITLE 5 of the State Sanitary Code—The undersigned further agrees not to place the system in operation until a Certificate of Compliance has been issued by theeboa4health. Z /C Date Application Approved By - -------------------•--- 9-, P" 7 Date Application Disapproved for the following reasons---------------------=---------------•------------...------------...-----------------------------------.._....... ...............••••••-•••••-_..__....•••=••••--•••-•••-•---••...-••--••••-...----•-...---••-••-••--••-••-•--•••--...•-•••••••••---•-••-•••-•---=•--••-•••--•••••---=••••••-----••----------•-•-•-------- :.. ;.... Date Permit No Issued_..... ._..... ----_.. Date J No........... ��Fmc.._..... ................. THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ..........:.............._.....--..........OF...-................--.................. ------•------------... ........ Appliration for Uigpnsal Works Tonstrurtion nutit Appiic� is hereby made for a-.Permit to Construct ( ) or Repair ( ) an Individual Sewage Disposal System ...................... - - ...._........A- - - J . - _ ..... ' . . ation-Address " Owner f Address Installer Address d Type of Building Size Lot_ : ....Sq. feet U Dwelling-No. of Bedrooms__________________ .__._Expansion Attic ( ) Garbage Grinder ( ) aOther—Type of Building ____________________________ No. of persons............................ Showers ( ) — Cafeteria ( ) a � Other fixtures --------------------------..............................................................--------------------------------------._...__..........._._... W Design Flow..........//.Q.......................gallons per person per day. Total daily flow...............0_+__0...............gallons. WSeptic Tank—Liquid capacityf44?__gallons Length________________ Width................ Diameter---------------- Depth................ Disposal Trench—No_ ____________________ Width.................... Total Length.................... Total leaching area....................sq. ft. Seepage Pit No.........../....... Diameter____________________ Depth below inlet.................... Total leaching area..._..............sq. ft. z Other Distribution box ( ) Dosing tank ) a Percolation Test Results Performed by.._______ _ :� ___________________ Date___.___. . ! _ _ . ---- ,� Test Pit No. l_._. ..------minutes per inch Depth of Test Pit....1.1:__....... Depth to ground water_____ Test Pit No. 2.............___minutes per. Inch Depth of Test Pit........___________ Depth to ground water........................ t O Description of Soil.....L.1.4.Q4 _" __ v - ¢J ��-- - U" (�-f`...-- x `¢ ° V ----------- •............... W •--•----•---•-- --�- -- : _ _.. .. .-- -- --••---- ---...•••----------------••-•-----•-•--•----•---•---••----•-------•------- UNature of Repairs dr,,Alterations—Answer when applicable----------------------__________________________________________________________________________ z ----------------------------------•=--------------------------------------•--•-----.._....._..._...----..._..-----------------------------•-----------------......................................... Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TITI s. 5 of the State Sanitary Code— The undersigned further agrees not to place.the system in operatidI until a Certificate of Compliance has been-,issued by the boa of health. Si ,[ Date Application Approved By_______ _ ' ........................................ �--�-" y . .. Date era Application Disapproved for the following reasons______________ Date PermitNo------------------------------- --••--._.. Issued....................................................... Date THEaCOMMONWEALTH OF MASSACHUSETTS f. BOARD OF HEALTH ...................................:......OF........................................... Trdif irab of Tout rliattrr THIS IS TO CERTIFY, That the Individual Sewage Disposal System constructed ( ) or Repaired ( ) by.... .........C� GIt.::::r' Cau-sT/r..t....... -----------------------------------------------------------------------------------------------._..._..---------- { Installer . tloa- Goro/r ..at:_:• --------- ----•---- --------•-- -------------=-------------------------------------------------------------------------•--•------------- has been installed in accordance with the provisions of TIT I� 5 of The State Sanitary Code as described in the application for Disposal Works Construction Permit No........4 Y5!______________________ dated...... -7P_______._:::__._....... THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTR D AS A GUARANTEE THAT THE SYSTEM WILL FUNCTION SA SFACTORY. , DATE._... .. .. ..... / . ....... Inspector----------- ---- THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH k'........OF...... 6p/s.sT/96Lc..;:.................. No......................... FEE._.............: - ����ru��l ur�u �un,��rtirrn rrutit Permission is hereby granted....... --•-__---601-j''/%vcr/v!c -------------•-••--•-•------------••-•--...._•--•-----•-......._............_._.. to Construct or Repair ( ) an Individual Sewage Dispos. System at No...........4-oT..... - � - ``Tr./T r'isS --•----------•------------------------------- Street as shown on the application for Disposal Works Construction ------ Dated......qn.�-_rl_:..71............. ---------rz_ / `---�-••-----._...•---•-•--••...---•--....••..............`._ /. 2 7 7 t Board of Health DATE-- ` A. FORM 1255 HOBBS & WARREN, INC., PUBLISHERS. r a ►.10 GAcra/�� �R!f.tC�� 000000000,00, � r 1>& u-! FLAW s Ilo b G•PD �,D►ti �.t t !. , ' se�F-nG Ta.tIG = 33o, r5o 7. . 4q5 6.Rn. USA- 1 oOCG 6,4L cam --• r�r I �Q- ( G r =(DE.WALl- AzGA z l5o S.F'. 15o SF 4 2.S + S75 G.P.D. SD sue. 3c1 .o = 50 �.P�.. 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