HomeMy WebLinkAbout0034 LOVELL ROAD - Health 34 LOVELL ROAD, OSTERVILLE
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OF tME Tp�
Town of BarnstAble '
Department of Health, Safety, and Environmental Services
► BAENMBLE•
MASS
i639. Public Health Division
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A'FD N1°�a P.O. Box 534, Hyannis MA 02601
Office: 508-790-6265 Thomas A.McKean,RS,CHO
FAX: 508-790-6304 Director of Public Health
August 20, 1999
Ms. Gloria Smith-Carney
P.O. Box 930
Osterville,MA 02655
ORDER TO CEASE AND DESIST FEEDING OF RATS AND ORDER TO HIRE THE LICENSED
EXTERMINATOR
On Monday,August 18, 1999 Health Inspector Jerome Dunning observed several rats and several bird
feeders with excessive amounts of bird seeds scattered on the ground at your property.
This is a violation of the Town of Barnstable Board of Health Nuisance Control Number One and the State
Sanitary Code,of 105 CMR 410.00 Minimum Standards of Fitness for Human Habitation.
Rats spread a variety of diseases. These include rat bite fever in infants, leptospirosis (spread by rat urine)
and occasionally typhus and plague.
You are ordered to cease and desist feeding the rats immediately upon your receipt of this order
letter. 1
You are also ordered to hire a licensed professional exterminator to exterminate and/or remove the
rats from the premises within seven (7)days of your receipt of this order letter.
You may request a hearing before the Board of Health if written petition requesting same is received within
seven (7)days. However,you shall cease feeding the rats regardless of any request for a hearing.
Failure to comply with these orders will result in legal action against you,the property owner. Any person
who shall violate any provision of 105 CMR 410.00 shall,upon conviction be fined no more then$500.
The health inspector may opt to issue you a non-criminal ticket citation of$40.00. Each separate day's
failure to comply with an order shall constitute a separate violation.
PER ORDER OF T E BOARD OF HEALTH '
Thomas McKean, RS, CHO
Director of Public Health
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34 Lovell Road
Osterville, MA 02655
14 September 1999
Mr. Thomas McKean 4N
Division of Public Health 1`E�EIVEO
Town of Barnstable S E P 20 1999
367 Main St
Hyannis, Ma 02601 TOwMOFaWMU
Dear Mr. McKean
Your telephone recording left on my phone today emphatically assigns the date of
September 28 as the date of the hearing I requested. As this.is'-'jhe one date I
told you that my husband and I could NOT attend because, hat.;'was the date he
had to perform surgery, I hearby cancel my request for a hearing
This evening I removed the birdfeeder that .fed the birds and, m consequence the
rodents. I have engaged a licensed exterminator to remove the rodents from the
property. He is Robert A. Lawrence, Wildlife Service, at 428 7874
This rodent condition is not confined.just to my land. It is a neighborhood
problem. Dr. Robert Davis, a lovely retired gentleman whose land'.at 77 Wianno
Avenue abuts mine at the rear of the property, has them also.. ; They have
tunneled between our yards. Dr. Davis .may not be aware of this:-as his yard is
densely high with foliage. It Iwill not serve much purpose to trap them on my
yard without trapping them on his (and other neighborhood property where they
might exist) so I will send him a copy of this letter.
Mr. Lawrence uses humane traps and no poison and then humanely euthanises
them at his facility. Therefore, there is no danger to birds, other animals, or
domestic pets in his method, sad end as it might, be for the rodents involved.
Sincerely yours
G ria Smith-Carney
C.C. Dr. Robert W {Davis
David Cole, ESQ.
Deborah Daniel, Humane
Society of the U.S.
Attny. Deborah Slater-Wise
FTBE _ The Town of Barnstable
s � Department f Health,
� Besa9Ts� �. p o- Safety and Environmental Services
MA64
'oo OMpYk. Public Health Division
367 Main Street,Hyannis,MA 02601
Office 508-790-6265 Thomas A.McKean
FAX 508-775-3344 Director of Public Health .
September 9, 1999
Gloria Smith-Carney
P. O. Box 930
34 Lovell Road
Osterville, MA 02655
Dear Ms. Smith-Carney:
I am in receipt of your letter dated August 31, 1999 requesting a hearing before
the Board of Health regarding the order to cease and desist feeding of rats and
the order to exterminate the rats at your property.
You are scheduled to appear before the Board of Health on Tuesday, September
28, 1999 at 7:00 P.M. The hearing will be held in the Engineering Conference
Room, third floor of the Town Hall Building, 367 Main Street, Hyannis. During
the hearing, you will be given an opportunity to be heard, present witnesses, and
to present any documentary evidence relevant to this case.
In the meantime, you shall cease and desist feeding any rats either directly or
indirectly at your property, 34 Lovell Road, Osterville.
Sincerely yours,
Thomas A. McKean
Health Agent
Town of Barnstable
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August 16, 1999
Thomas McKean, Health Officer "
Barnstable BOARD OF HEALTH
Town Hall
PO Box 534
367 Main Street
Hyannis, MA 02601
Re: Complaint#2020; Rats/Bird Feeding Matter—34 Lovell Road, Osterville
Dear Mr. McKean:
We are writing to you regarding a nuisance and public health situation that exists in the
rear yard of the residential dwelling (large yellow house) located at 34 Lovell Road in
Osterville, which abuts our residential property (small shingled house) located at
32 Lovell Road.
Gloria Carney Smith, the owner and resident at 34 Lovell Road in Osterville, is an avid
animal and,bird enthusiast and has been so for the seven years we have been neighbors.
She'maintains many large bird feeders (various styles)in her backyard year-round, even
after.'she returns'to Indiana at`the end of the season F
ue-
It is;no, s rise that a lar a/multi- eneration.rodent"population.has settled in veryr
comfortably in Ms. Carney Smith's yard. We first saw a rat (or rats) on our property last
year, and assumed when we caught a rat that we were'on top of the problem. When we
checked on our property in early.spring of 1999, our house foundation showed signs of
rodent activity. During the month of June 1999, we were diligent in monitoring the
activity in our yard. We also wrote a letter to Ms. Carney Smith notifying her that we
were observing and trapping rats in our yard and that we had been advised (Fowler in
Hyannis provides maintenance services for us)that bird feed is a draw for rodents.
Our efforts throughout the early summer weeks were for naught, however, which we
realized when we looked over the fence separating our yards at 10:00 a.m. on Sunday,
July 11, 1999 (the day after Osterville House and Garden delivered at least three very
large bags of bird feed to Ms. Carney Smith). On that morning, we observed multiple
adult and young rats (at least eight observed on that date) scurrying along her back fence,
running in and out of an intricate maze of tunnels and burrow holes, catching shade under
bushes, and feeding on a low bird feeder. On that same morning, we spoke with Robert
Davis, our Wianno Avenue neighbor whose backyard backs up to our backyard, who
stated,he.was aware of the problem and had been baiting and catching rats.
We also spoke with M"s."Carriey Smith that'day,I"advised-'tier that we had seen:many rats
r.m her.backyard, and expressed our concern about the bird feed, controlling the
,.population and o r`children's`safety(ages 5`"Rd`8). She stated she was aware that there
had been a problem'(possibly r`elated'to the East Bay Lodge construction.and renovation
of former Horizons property on the corner of W. Bay Rd. and Main St.); but that she
would not discontinue feeding the birds but would sweep around the feeders twice a day.
She also stated she would use a Have-a Heart trap to catch the "rat" and bring it to
Sandwich to a friend's property and that rats are really just squirrels with skinny tails.
Throughout July and early August, we observed rats moving about her backyard area
every time (whatever time of day)we looked over the fence. She did not communicate
with us in any way about the matter.
At approximately 9:50 a.m. today (Monday,August 16, 1999), a relative staying at
our house with her three year old daughter observed a good sized rat on the deck attached
to our house for at least ten minutes—the rat was in plain view, running all over the deck
and close to the house as well as the top of a ride-on type fire engine that was parked next
to the house and deck. Rats (two adult sized) were,also seen throughout the afternoon
today by three family members as the rats did a loop of the Carney Smith yard, back to
the Davis yard on Wianno, and under the fence to our yard—they retreated when our
guests made their presence apparent. The rats (two at a time) were also observed eating
out of a terra cotta bird feeder in the Carney Smith yard throughout the afternoon.
We are challenged by our neighbor's insistence on maintaining the attractive to rodents
nuisance situation she has created-the roaming rats present obvious safety and health,
concerns for our children, ourselves and our guests. "Sweeping" is hardly the solution to
controlling this group of well-fed rodents. Since the rats we have seen over the past
several months do not limit their existence to yards on the other side(s) of our fence, we
request that the Town accept this letter as our complaint about the rodent attraction
existing and the rodent population thriving at 34 Lovell Road in Osterville.
We would appreciate being advised of the action taken in this matter as soon as possible.
Please contact us during the day at(617) 556-1096 (James) or(617) 727-0131 (Susan).
We thank you in advance for your assistance.
Very truly yours,
Susan Manning
J s Paterso
31 Sherman Street
Cambridge, MA 02138-6730
(H) 617 864-8559
September 14, 1999
Thomas A. McKean, RS, CHO
Director of Public Health
Town of Barnstable
Department of Health, Safety and Environmental Services
P.O. Box 534
Hyannis,MA 02601
Re: Rodent Population/Bird Feeding Matter—34 Lovell Road, Osterville
Dear Mr. McKean:
Following up on the complaint we filed by letter dated August 16, 1999 regarding the
above-referenced matter,enclosed is a video tape of rodent activity on the morning of
September 5, 1999 observed on the property located at 34 Lovell Road in Osterville
(Owner: Gloria Carney Smith);property which abuts our home located at 32 Lovell
Road.
Also enclosed are:
(1) Photographs of two dead rats found in our yard in Osterville on the
mornings of August 20, 1999 and August 22, 1999.
As noted on the enclosed pages, one rodent was found at approximately 9:45 a.m.
on Friday, August 20, 1999 next to our deck(to the left of the sliding doors from
our kitchen), which is attached to the house on the side of the Carney Smith
property. This rat was dead underneath a ride-on fire engine belonging to our
children(ages 8 and 5 years old). We found the rat after we moved the fire
engine into the yard for the children visiting us that day(two families including
seven children—a seven-year old;two five-year olds;a three-year old;twin two-
year olds; and a three-month old infant). A photo.of the fire engine and the two-
year old visitors taken later in the morning on the day the rodent was located is
enclosed.
The second'rodent was found dead in the back of our property in the morning
hours of Sunday, August 22, 1999 (next to the garage-type structure located on
the Wianno Avenue property backing up to our property, which is also next to the
Citizens Bank location and across from the Catholic Church on Wianno Avenue);
and
(2) Photographs of rats on the 34 Lovell Road property--taken on the mornings of
August 29, 1999 and September 4, 1999.
Please be advised that we continue to observe a large and active rodent population on the
Carney Smith property. The rats are infinitely quicker than our camera. The bird feeders
r
on that property; specifically the feeder hanging closest to the back fence; are still being
filled(see photos).Rat activity is predictably highest when the birds are actively feeding
in the morning hours. The rats dart out of their tunnels, pick up the run-off from the
feeders, and scurry back into their holes. Some rats also head away from that feeder
toward the shed on the other side of that property.
The rodents in the Carney Smith yard have been observed over the past month by four
other adult family members besides us; including our niece who was staying at our house
on the morning of August 16, 199 (with her three-year old daughter)when she observed a
rat on our deck and on the fire engine for at least ten minutes(see complaint letter dated
August 16, 1999). Unfortunately, she neglected to take a photo of the rat in her panic and
haste to telephone us in Cambridge to report the situation. All,of those individuals would
provide statements or testimony if requested.
When we last viewed the.rat habitat in early September, some type of metal box had been
placed in the area. Many rats were viewed scurrying around the box heading toward the
feeder debris and other destinations(toward shed/running along fence length).
In the event that the pictures do not capture the exact location of our house, we are
located directly across from the town tennis courts just off West Bay Road(near the
coiner of Wianno Road and the Post Office and Osterville Free Library). Surrounding
the tennis courts is the Osterville Bay Elementary School on West Bay Road and the
adjoining the baseball fields;basketball court and playground of the school. Citizens
Bank and several medical offices are located on the side of our house towards west Bay
Road(towards Oyster Harbors)and the Village.
We have not informed our Osterville friends of this situation to date. They live in the
Village and have children who attend the Osterville Bay School or play on the grounds.
Please advise if their involvement at this stage of the enforcement proceedings would be
helpful to the members of the Board of Health. Thank you.
Very truly yours,
Susan Manning
&mesaterson
31 Sherman S.�K,9t
Cambridge, 481.OZ�3 ,673�:
(H) 617 864-M59
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