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Marstons Mills
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Certified Mail#7003 1680 0004 5458 3305
Town of Barnstable
Regulatory Services
H� Thomas F. Geiler,Director
PiMic Health Division
Thomas McKean,Director
200 Main Street, Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
January 5, 2005
Mr. Ronald Mycock
Mycock Real Estate
20 School Street
P.O. Box 437
Cotuit, MA 02635-0437
Dear Mycock:
You are scheduled to appear before the Board of Health at the next scheduled meeting on January
18, 2004 at 7:00 pm. at the Town Hall, Second Floor Conference Room, 367 Main Street,
Hyannis, Massachusetts.
It is understood that you are the representative for the owners of record known as Derek Martin
and Frances V. Brew of Waban, Massachusetts. At this hearing you will be asked to explain why
the violations at 239 Santuit-Newtown Road,Marstons Mills have not been corrected.
If there are any questions please feel free to call this office at the above listed number.
a
DER OF HE BOARD OF HEALTH
. McKean, S.
Director of Public Health
Town of Barnstable
Cc: Eric Genson
239 Santuit-Newtown Road-
Marston Mills, MA 02648
I
Q:Health/Order letters/Housing violations/239 Santuit-Newtown#2 M.Mills.doc
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I
rowff OF
w0 M/1 N v) �T
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DATE :10/2/02
PROPERTY ADD'RESS : 239 Santuit Newtown Road
Marstons Mills,Mass.
------------------------
02648 Fad
IVED
------------------------ RECEIVED
the above date, I inspected the septic system at the above 2002
This system consists of the following: TOWN OFBARNSTABLE
HEALTH DEPT.
1 . 1 -1000 gallon septic tank.
2. 2-1000 gallon leaching pits in series. ( 6 'X10 ' ) S1
Based on my inspection, I certify the following conditions:
MAP
3. This is a Title Five Septic system. ( 78 Code ) PARCEL `
4 . The septic system is in proper working order LOT so -
at the present time.
5. Both of the leaching pits a're dry-at the present time.
6 . Pumped the septic tank at time of inspection. HEavy
scum and solids layers were present.
SIGNATUR
�.
Name ;- J .- P . -Macomber-Jr .
-- -- ------- -------
Corr pany :Jos€ft Pam_ Macomber & Son, Inc .
Address :__BQx _�_E�____________
-_ CR_n_ _e _QZ_632-0066
Phone:--508-775- 3338
-------------------
THIS CERTIFICATION DOES NOT CONSTITUTE A GUARANTY OR WARRANTY
Ca
P. MACOMBER & SON, INC.
nks-Cesspools-Leachflelds
Pumped & Installed .
Town Sewer Connections
66 Centerville, MA 02632-0066
775.3338 775.6412
COMMONWEALTH OF ", SACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
TITLE S
OFFICIAL INSPECTION FORM — NOT FOR VOLUNTARY ASSESSMENTS
SUBSURFACE SEWAGE DISPOSAL SYSTEM FORM
PART A
CERTIFICATION
Property Address:230 Santuit Newtown Road
Marstons Mi11s.,Mayes
Owner's Name.-Edward Houle
Owner's Address: Same
Date of Inspection: 1 0/2/02
Name of Inspector: (please print) Joseph P.Macomber Jr.
CompanyName:J.P.Macomber & Son Inc.
Mailing Address:Box 66
CentPryill _, Mass . 02632
Telephone Number: 508-77r,—33-�A
CERTIFICATION STATEMENT
I certify that I have personally inspected the sewage disposal system at this address and that the information reported
below is true. accurate and complete as of the time of the inspection. The inspection was performed based on my
7ratntng and experience in the proper function and maintenance of on site sewage disposal systems. I am a DEP
approved system inspector pursuant to Section 15.340 of Title 5 (310 CMR 15.000). The system:
Passes
_ Conditionally Passes
_ Needs Further Evaluation by the Local Approving Authoriry
_ Fails/4
Ins '
ector s St oatur t Date: 0o-dA P g .�
The system inspector sh 11 mit a copy of this inspection report to the Approving Authority(Board of Health or
DEP) within 30 days of ompleting this inspection. If the system is a shared system or has a design flow of 10,000
gpd or greater, the inspector and the system owner shall submit the report to the appropriate regional office of the
DEP. The original should be sent to the system owner and copies sent to the buyer, if applicable, and the approving
authority.
Notes and Comments
—'This report only describes conditions at the time of inspection and under the conditions of use at that,
time. This inspection does not address how the system will perform in the future under the same or different-"-
conditions of use.
Title 5 Inspection Form 6/15/2000 page I
Page 2 of I I
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OFFICIAL INSPECTION FORM — NOT FOR VOLUNTARY ASSESSMENTS
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART A
CERTIFICATION (continued)
Property Address: 239 Santuit Newtown Road
Mars tons i s, as
Owner:Edward Houle
Date of Inspection: 1 0/2/0 2
Inspection Summary: Check A,B,C,D or E/ALWAYS complete all of Section D
A. �ystem
n�otfomund,any information hich indicates that any of the failure criteria described in 310 CMR
t5.303�have
5.304 exist. Any failure criteria not evaluated are indicated below.
Comments:
rl'bA sent; c- Gv5tem is in proper wor ing
at the present time.
B. System Conditionally Passes:
One or more system components as described in the "Conditional Pass"section need to be replaced or
repaired. The system, upon completion of the replacement or repair, as approved by the Board of Health, will pass.
Answer yes, no or not determined (Y,N,ND) in the for the following statements. If"not determined"please
explain.
AACI The septic tank is metal and over 20 years old* or the septic tank(whether metal or not) is structurally
unsound, exhibits substantial infiltration or exfiltration or tank failure is imminent. System will pass inspection if the
existing tank is replaced with a complying septic tank as approved by the Board of Health.
'A Jnetal septic tank will pass inspection if it is structurally sound, not leaking and if a Certificate of Compliance
indicating that the tank is less than 20 years old is available.
ND explain:
�JJ'' r
Alebservation of sewage backup or break out or high static water level in the distribution box due to broken or
obstructed pipe(s)or due to a broken, settled or uneven distribution box. System wi pass inspection if(with
approval of Board of Health):
broken pipe(s)are replaced
obstruction is removed
distribution box is leveled or replaced
ND explain:
The system required pumping more than 4 times a year due to broken or obstructed i e s ,
pass inspection if(with approval of the Board of Health): P P ( ) The system will
broken pipe(s)are replaced
obstruction is removed
ND explain:
2
4
Page 3 of 1 I
N' FORM - NOT FOR V T
OFFICIAL IT�SPECTIO. O OLLTN ARY ASSESSMENTS
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART A
CERTIFICATION (continued)
Property Address: 239 Santuit Newtown Road
Marstons Mills,Mass-
Owner:Edward Houle
Date of Inspection: 1 (j 9/n 9
C. Further Evaluation is Required by the Board of Health:
Conditions exist which require further evaluation by the Board of Health in order to determine if the system
is failing to protect public: health, safety or the environment.
1. System will pass unless Board of Health determines in accordance with 310 CMR 15.303(1)(b) that the
system is not functioning in a manner which will protect public health, safety and the environment:
Cesspool or?rivy is within 50 feet of a surface water
Cesspool or?rivy is within 50 feet of a bordering vegetated wetland or a salt marsh
2. System will fail unless the Board of Health (and Public Water Supplier, if any) determines that the
system is functioning in a manner that protects the public health, safety and environment:
�C)The system has a septic tank and soil absorption system (SAS) and the SAS is within 100 feet of a
surface water supply or Tributary to a surface water supply.
4�dThe system has a septic tank and SAS and the SAS is within a Zone I of a public water supply.
AVThe system has a septic tarLK and SAS and the SAS is within 50 feet of a private water supply well.
The system has a septic tank and SAS and the SAS is less than 100 feet but 5 feet or more from a
private water supple well*'. Method used to determine distance 4mcl 1✓/y�
"This system passes if the well water analysis, performed at a DEP certified laboratory, for coliform
bacteria and volatile organic compounds indicates that the well is free from pollution from that facility and
the presence of ammonia nitrogen and nitrate nitrogen is equal to or less than 5 ppm, provided that no other
failure criteria are triggered. A copy of the analysis must be attached to this form.
3. Other:
3
Page 4 of I I
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OFFICIAL INSPECTION FORM — NOT FOR VOLUNTARY ASSESSMENTS
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART A
CERTIFICATION (continued)
Properry Address: 239 Santuit Newton Road
Marstons Mi -,Mass.
Owner: Edward Houle
Date of Inspection: 1 n /2/02
D. System Failure Criteria applicable to all systems:
You must indicate ''yes" or"no" to each of the following for all inspections:
Yes b/6achp
of sewage into faciliry or system component due to overloaded or clogged SAS or cesspool
Discharge or ponding of effluent to the surface of the ground or surface waters due to an overloaded or
clogged SAS or cesspool
vedl i Static liquid level in the distribution box. ove.outlet invert due to an overloaded or clogged SAS or
cesspool � � Hob _
V/� iquid depth in CP .is"less than` " below invert or available volume is less than '/, day now
�✓ Required pumping more than 4 times in the last year NOT due to clogged or obstructed pipe(s). Number
times pumped
�ny portion of the SAS. cesspool or privy is below high ground water elevation.
A.ny ponion of cesspool or privy is within 100 feet of a surface water supply or tributary to a surface
water supply.
Any onion of a cesspool or privy is within a Zone I of a public well.
ponion of a cesspool or privy is within 50 feet of a private water supply well.
Any portion of a cesspool or privy is less than 100 feet but greater than 50 feet from a private water
supply well with no acceptable water qualiry analysis. ITbis system passes if the well water analysis,
performed at a DEP certified laboratory, for coliform bacteria and volatile organic compounds
indicates that the well is free from pollution from that facility and the presence of ammonia
nitrogen and nitrate nitrogen is equal to or Less than 5 ppm, provided that no other failure criteria
are triggered. A copy of the analysis must be attached to this form.)
(Yes"No) The system fails. I have determined that one or more of the above failure criteria exist as
described in 310 CMR 15.303. therefore the system fails. The system owner should contact the Board of
Health to determine what will be necessary to correct the failure.
E. Large Systems:
To be considered a large system the system must serve a facility with a design now of 10,000 gpd to 15,000
gpd•
You must indicate either"yes" or"no" to each of the following:
(The following criteria apply to large systems in addition to the criteria above)
des no//
v tthe system is within 400 feet of a surface drinking water supply
ZLhe system is within 200 feet of a tributary to a surface drinking water supply
the system is located in a nitrogen sensitive area (Interim Wellhead Protection Area — IWPA)or a mapped
Zone 11 of a public water supply well
If you have answered "yes" to any question in Section E the system is considered a significant threat, or answered
•'yes" in Section D above the large system has failed. The owner or operator of any large system considered a
significant threat under Section E or failed under Section D shall upgrade the system in accordance with 310 CMR
!5 304. The system owner should contact the appropriate regional office of the Department.
4
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Page 5 of I I
OFFICIAL INSPECTION FORM — NOT FOR VOLUNTARY ASSESSMENTS
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART B
CHECKLIST
Property Address: m Road
S.
r
0wnerE dwzxd uojjje—
Date of 10speet100:
Check if the following have been done. You must indicate -yes" or"no" as to each of the following:
Yes N/Pumpuq,
_ information was provided by the owner, occupant, or Board of Health
'ere any,of the system components pumped out in the previous two weeks
ZHas the system received normal flows in the previous two week period ?
/Have largc volumes of water been inrroduced to the system recently or as pan of this inspection ?
Were as built plans of the system obtained and examined? (If they were not available note as N/A)
Was the fa•:iliry or dwelling inspected for signs of sewage back up?
Was the si•e inspected for signs of break out
_ Were all system components,-.�uding the SAS, located on site ?
K:l� Were the septic tank manholes uncovered, opened, and the interior of the tank inspected for the condition
Oes or tees.imaterial of construction, dimensions, depth of liquid, depth of sludge and depth of scum '
Was the faciliry owner (and occupants if different from owner) provided with information on the proper
maintenance of subsurface seµ age disposal systems ?
The size and location of the Soil Absorption System (SAS) on the site has been determined based on
Yes no/
Existing itnformation. For example, a plan at the Board of Health.
Determined in the field (if any of the failure criteria related to Pan C is at issue approximation of dis=cc
is unacceptable) (310 CMR 15.302(3)(b))
S
Page 6 of 1 1
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OFFICIAL INSPECTION FORM -NOT FOR VOLUNTARY ASSESSMENTS
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION
Property Address: 239 Santuit Newtown Road
Marstons Milla, Mass.
Owner: Fr3wa rr3 Hnn 1 P
Date of Inspection: 1 o 2 n 9
FLOW CONDITIONS
RESIDENTIAL
Number of bedrooms(design): Number of bedrooms(actual): ,
DESIGN flow based on 310 Ci;R 15.203 (for example: 110 gpd x # of bedrooms):'�X/v.:- dt�/�yy,OA,/d
Number of current residents: [
Does residence have a garbage grinder(yes or no): 4JO
Is laundry on a separate sewage system (yes or no):w'b [if yes separate inspection required]
Laundry system inspected(yes or no): 51
Seasonal use: (yes or no):A.-D I f the well has not
Water meter readings, if available (last 2 years usage(gpd)) e en tested within the
Sump pump(yes or no):A)0 In
Last date of occupancy:-. r past year. It should
be done at this time.)
COMMERCIAL/1NDUSTRIAL See pagess 6A & 6B
Type of establishment:
Design flow(based on 310 CMR 15.203): gpd
Basis of design flow(seats/persons/sgft,etc)
Grease trap present(yes or no):&J
Industrial waste holding tank present(yes or no): /ll/i
Non-sanitary waste discharged to the Title 5 system.(yes or no): �
Water meter readings, if available:
Last date of occupancy/use: ,!)
OTHER(describe): ��
GENERAL INFORMATION
Pumping Records
Source of information: Z&x
Was system pumped as part of the inspection (yes or no):
If yes, volume pumped: l�b!> gallons -- How was quantity pumped determined?X44WI&2�
Reason for pumping: ayTGnL,m R ,nl i r1G layers wPrP present.
TYPf OF SYSTEM
Septic tank,4ist utie�, soil absorption system
Single cesspool
Overflow cesspool
Privy
Shared system(yes or no)(if yes, attach previous inspection records, if any)
Innovative/Alternative technology. Attach a copy of the current operation and maintenance contract(to be
obtained from system owner)
Tight tank -4-Anch a copy of the DEP approval
Other(describe): la
Approximate age of all components, date installed (if known)and source of information:
Tank X pit ! 2�-30 years old and pit 1 0-1 5 years old
Were sewage odors detected when arriving at the site(yes or no):�B
6
Page 7 of 1 1
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OFFICIAL INSPECTION FORM — NOT FOR VOLUNTARY ASSESSMENTS
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION (continued)
Property, Address239 Santuit Newtown Road
M s arstons Mills�Mag ,
Owner:Edward Houle
Date of Inspection: 10 2 02
BUILDING SEWER(locate on site plan)
y/ 4* orangberg pipe from the
Depth below grade: �' house to the septic tank.
Materials of construction: cast iron !�,V40 PVC Zther(explain):Lite PVe pipe through Out
Distance from private water supply well or suction line:1&?di4 ' e remainder of the system, ,
Comments(on condition ofjoints, venting, evidence of leakage, etc.): .
,Tni nta E3{1peAr tight No evidence of 1 eaka e The Gystpm is
vented throu h the house vents.
SEPTIC TANK: (locate on site plan)
Depth below grade:
Material of construction: concrete metal fiberglass polyethylene
4!ebther(explain)
If tank is metal list age:,& Is age confirmed by a Certificate of Compliance(yes or no):A/0(attach a copy of
certificate)
Dimensions:
Sludge depth: 4!t;t
Distance from top of sludge to bottom of outlet tee or baffle:
Scum thickness: _ e
Distance from top of scum to top of outlet tee or baffle:
Distance from bottom of scum to bottom of outlet ee or bafle:
How-were dimensions determined:
Comments(on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels
as related to outlet invert, evidence of leakage, etc.):
Pump the Septi . tank PvPry 2-3 yPars_ Tn1Pt & outlet s ar
in placP_The tank is strur.turally sound and shows no
evidence of leakage,Liquid level at the outlet invert is
fifty one inghes
GREASE TRAP4&61ocate on site plan)
Depth below grade: la
Material of construction:�yconcrete&m eta L�Wfi berg lass,60nolyethylene,40Qother
(explain): 60 —
Dimensions:
Scum thickness:
Distance from top of scum to top of outlet tee or baffle:
Distance from bottom of scum to bottom of outlet tee or baffle:
Date of last pumping:
Comments(on pumping recommendations, inlet and outlet tee or baffle condition, structural integrity, liquid levels
as related to outlet invert, evidence of leakage, etc.):
C;rPaGP trap is not prPsPnt
7
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Page 8 of I I
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OFFICIAL INSPECTION FORM - NOT FOR VOLUNTARY ASSESSMENTS
SUBSURFACE SEWAGE DISPOSAL, SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION (continued)
Properly Address: 239 Santuit Newtown Road
Marstons Mi s,Mass.
Owner:Edward Houle
Date of lospec000: 1 0/2/02
TICHT or HOLDINC TANK4&&'(tank must be pumped at time of inspection)(locate on site plan)
Depth below glade:
Material of construction: "concrete 4!A-mctal e�Lriberglass&O Polycthylenev.4 other(explain):
J11)
Dimensions
Capaciry N gallons
Desien Floes- gallons/day
Alarm present (yes or no):
Alarm level: �/? Alarm in working order (yes or no): . 1,4
Date of last pumping: ��
Comments (conditicn o(alarm and float switches, etc.):
Tight or holding tanks are not present! .
DISTRIBUTION BOX/,, L'(if present must be opened)(locate on site plan)
Deptn of liquid level above outlet inven: AM
Comments (note if box is level and distribution to outlets equal, any evidence of solids carryover, any evidence of
leakage into or out of box, etc.):
Distribution box is not presen
PUMP CHA:"BER. 7-(loca(e on site plan)
Pumps to working order (yes or no): 0
Alar-ms to working order (yes or no):
Comments (note condition of pump chamber, condition of pumps and appunenances, etc.):
Ptsmn chamber is not present.
8
Page 9 of 1 1
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OFFICIAL INSPECTION FORM — NOT FOR VOLUNTARY ASSESSMENTS
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION (continued)
Property Add ress:239 Santuit Newtown Road
Marstons Mills, Mass .
Owner: Edward Houle
Date of Inspection: 1 0/2/0 2
SOIL ABSORPTION SYSTEM (SAS): —Zlocate on site plan,excavation not required)
2-1000 gallon precast leaching pits in series_ ( 6 'X10 ' 1
If SAS not located explain why:
Located_ See pace 10
Type j
leaching pits, number. j&25 "r� XJd
./fib leaching chambers, number:
leaching galleries, number: (7
leaching trenches, number, length: 0
leaching fields,number, dimensions:
overflow cesspool, number: (>
� innovative/alternative system Type/name of technology:
Comments (note condition of soil, signs of hydraulic failure, level of ponding, damp soil,condition of vegetation,
etc.):
Loamy sand to medium fine sand.No signs of hydraulic failure
or .nondincr. Soils are dry. Vegetation is normal.Pits are presently
dry.
CESSPOOL9E�fg(cesspool must be pumped as part of inspection)(locate on site plan)
Number and configuration: Q
Depth—top of liquid to inlet invert:
Depth of solids layer:
Depth of scum laver: /JJ
Dimensions of cesspool:_
Materials of construction:
Indication of groundwater inflow(yes or no):
Comments(note condition of soil, signs of hydraulic failure, level of ponding,condition of vegetation, etc.):
Cessj2ools are not. present
PRIVY j�locate on site plan)
Materials of construction:
Dimensions: 40
Depth of solids:
Comments (note condition of soil, signs of hydraulic failure, level of ponding, condition of vegetation, etc.):
Privy is not present-
9
Prior 10o/ II
` OFFICLA fNSPECTION FORNf— NOT FOR VOLUNTARY ASSESSME^�TS
SUBSURFACE SEWACE DISPOSAL, SYSTEM INSPECTION FORM
PART C
SYSTEM [NPORYATION (conllnvc4)
P,09(rT� 'oot()1 239 Santuit Newtown Road
0^"(' Rdwar Hou e Mass.
It
or It ,91c1loo: 1af2/02
S>(—rTCH Of SCWACE DISPOSAL SYSTCM
Ao„o, , ,t„,h of ,,)( ,,..,1, o;,po„I Iy,IIm Inclv4ing IIcI 10 it Ic{71 nvp permtncnl rcfcr<nc< ItnCmirc, ;
100 1,,, Loci,c whir( public w,Icr rvpply cnlcrl the bv;loinj
j r 7
,� �
� t P
Io
Page 11 of 1 1
OFFICIAL INSPECTION FORM - NOT FOR VOLUNTARY ASSESSMENTS
SUBSURFACE SEWAGE DISPOSAL SYSTEM INSPECTION FORM
PART C
SYSTEM INFORMATION(continued)
Property Address: 239 Santuit Newtown Road
Marstons Mills ,Mass.
Owner: Edward Houle
Date of Inspection: 1 0/2/0 2
SITE EXAM
Slope
Surface water
Check cellar
Shallow wells
Estimated depth to ground water feet
Please indicate check all methods used to determine the hi ground water elevation:
(check) '�
YES Obtained from system design plans on record - If checked,date of design plan reviewed:1 0/2/0 2
YES Observed site(abutting property/observation hole within 150 feet of SAS)
NO Checked with local Board of Health-explain: NA
YES Checked with local excavators, installers- (attach documentation)
yE,S__Accessed USGS database-explain: lii t-p//t-own harn-,table.ma.us.
You must describe how you established the high ground water elevation:
Used: Gahre y & Miller model - 1 /16/94 Ground water elevatinng ahnve
sea level
Used: USGS; Observation well data june 1Ag2
Used: USGS, TPrhni..na 1. --houn l�—q2—OnO2 pl atA #2 Annual ranges of ground
• water elevations. January 1992
Leaching
Pit ��� �'
eet
� I
7e)
Groundwater: t eet Below Bottom of Pit High Groundwater Adjustment 1.8 ft per Frimpter Method
Therefore, the vertical separation distance between the bottom
of the leaching pit and the adjusted groundwater table is
feet.
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TOWN OF Barnstable BOARD OF l{EALTiI i
3(111S(1RFACF 9FWAGF (>ISR)SAL ,SYSTEM INSPECTION FORM - PART D .- CERTIFICATION I
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-TYPE OR PRINT CLEARLY-
PROPERTY INSPECTED
STREET ADDRESS239 Santuit Newtown Road Marstons Mills,Mass. '
ASSESSORS MAP , DLOCK ANU PARCEL 0 030-039
OWNER' s NAME Edward Houle
PART D - CERTIFICATION I
NAME OF INSPECTOR Joseph P.Macomber Jr.
COMPANY NAME J. P.Macomber & Son Inc:''
COMPANY ADDRESS Box hh CPntervi1lP Mass 02632
Street Town or Clty Sta g irP
COMPANY TELEPIiONE (508 1 775 - 3338 FAX ( 508 ) 790 -1578
CERTIFICATION STATEMENT
I certify that I have personally inspected the sewage disposal system at
this address rand that the information reported is true , accurate , and
omplete as of the time of :inspection . The inspection was performed and any
recommendations regarding upgrade , maintenance , and repair are consistent
with my training and experience in the proper function and maintenance of on-
site sewage disposal systems .
Check one ;
.__L'_ System PASSED
The inspection which I have conducted has not found any information
which indicates that the system fails to adequately tea,v q protect public
health or Lhe. environment as defined in 310 CMR 16 , 303 , Any failure
criteria not evaluated are as stated in the FAILURE CRITERIA
se
ction of
this form ,
System FAILED*
The inspection which I have conducted has found that Ithe system falls to
Protect the public health and the environment in accordance with Title
5 , 3.10 CMR 15 - 303 , and as specifically noted on PART C - FAILURE
CRITERIA of this inspection form .
Inspector Signatur � -, : Date /��
copy of thiscrt.ification must be provided to the OWNER, theP'One
where applicable and the 130ARD O IIEALTI(. BUYER
* If the inspection FAILED , the owner orsoperator shall u
within one year of :.he date of the inspection , unless allowed dortrequiredm
otherwise as provided in 3.10 chiR 16 , 305 .
partd -doc
THE COMMONWEALTH OF MASSACHUSETTS
FORM30 ��l�) Hoeesa WARREN'"
BOA RIM OF HEALTH
�A.e � CITYZTOWN
f
Q
a 0 DEPARTMENyh s � „1
ADD RE S
'I
O
TELEPHONE ��
Address- ll l U l �l V v�VY�� 'rt�'� Occ US
Floor___Apartmen No. _ No. of Occupants
No.of Habitable Rooms__ No.Sleeping Rooms
No. dwelling or rooming units __ - _Ng.St e�s �� • , ��� F V.
Name and address of ownerD6 4 / Q i� NA
'IRemarks �.sYARD Out Bld s.: Fences: O
Garbage and Rubbish
Containers:
Drainage
Infestation Rats or other: Y Ern- ly ',E-
STRUCTURE EXT. Steps,Stairs, Porches:
Dual Egress:and Obst'n.:
❑ B ❑ F ❑ M Doors,Windows:_
Roof 3) _
Gutters, Drains:
Walls:
Foundation:
Chimney:
BASEMENT Gen.Sanitation:
Dampness.
Stairs:
Li htin :
STRUCTURE INT. Hall,Stairway:
Obst'n.:
Hall, Floor,Wall,Ceiling:
Hall Lighting:
Hall Windows.-
HEATING Chimneys:
Central ❑ Y ❑ N Equip. Repair
TYPE: Stacks, Flues,Vents:
PLUMBING: Supply Line:
❑ MS ❑ ST ❑ P Waste Line:
H.W.Tanks Safety and Vent(s)
ELECTRICAL Panels,Meters,Cir.:
11110 ❑ 220 Fusing,Grnd.:
AMP: Gen. Cond. Distrib. Box:
Gen. Basement Wiring: s
DWELLING UNIT
Ventil. L to .. Outlets Walls Ceils. Wind. Doors Floors Locks
Kitchen _
Bathroom
Pantry °
Den
Living Room
Bedroom 1
Bedroom 2
Bedroom 3
Bedroom 4 /AIr'G, Gljji�/
.Hot Water Facil.r Su Ten., Gas, Oil, Elect.:
Stacks, Flues,Vents,Safeties:
Kitchen Facilities Sink
Stove
Bathing,Toilet Facil. Vent., Plumb., Sanit'n.:
Wash Basin,Shower or Tub.-
Infestation Rats, Mice, Roaches or Other:
Egress Dual and Obst'n:
General Building Posted , -cla
Locks on Doors: / _F /
ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH
MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE
OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE
AUTHORIZED INSPECTOR.(See Over)
"THIS INSPECTION REPORT IS SIGNED AND CERTIFIED UNDER THE PAINS AND
I PENALTIES OF PERJU C 0 tt
f INSPECTOR TITLE V
DATE "/ TIME P* "
A.M.
THE NEXT SCHEDULED REINSPECTION_ 0 P.M.
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 Chapter 11, 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 violation(s)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 or gas.
(D) Failure to provide the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253 and the lighting in com-
mon 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 gar-
bage, 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.
(J) The presence of leadbased paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public
Health Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000. (See M.G.L. c. 111 @@ 190 through 199.)
(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 gas-burning facilities in accordance with accepted plumbing, heating,
gas-fitting and electrical wiring standards or failure to maintain such facilties.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 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 con-
dition 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.
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Sig
item 4 if Restricted Delivery is desired. gent
■ Print your name and address on the reverse X ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Deli fery
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address dill em 1? ❑Yes
1. Article Addressed to: If YES,enter deliv ❑ No
NCB V�
79- F 2WC K
'`3. Service Type
MA 00? a;3 ❑Certified Mail ExaQ
0 ❑ Registered ❑ Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number v ,.OD3 3282
(Transfer from service labs . 1680. 0�04 5458'= '
PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-0W,
UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
LISPS
Permit No.G-10
1
• Sender: Please print your name, address, and ZIP+4 in this box •
T aw a� BAeffs--f4of
N,rA; L� e Po-M4 �T
o'00 m� l ( �� E�
-I Y)9 AfAI/S,
Certified Mail#7003 1680 0004 5458 3268
Town of Barnstable
Regulatory Services
a+ .
Thomas F. Geller,Director
Public Health Division
Thomas McKean,Director
200 Main Street,Hyannis,MA 02601
Office: 508-862-4644 Fax: 508-790-6304
November 10, 2004
Mr.Derek E. Martin&
Ms. Frances V. Brew
72 Ferncroft Road
Waban,MA 02648
NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000 STATE SANITARY CODE H
- MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE
TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51
The property owned by you located at 239 Santuit Newtown Road, Marstons Mills, was
inspected on November 9, 2004 by Donna Z. Miorandi, RS, Health Inspector for the Town of
Barnstable,because of a complaint.
The following violation of the State Sanitary Code and the Town of Barnstable were observed:
105 CMR: 410.481: Posting Name of Owner. An owner of a dwelling which is rented for
residential use, who does not reside therein and does not employ a manager or agent for such
dwelling who resides therein, shall post and maintain or cause to be posted and maintained-in the
interior of such dwelling in a location visible to the residents a notice constructed of durable
material, not less than 20 square inches in size, bearing his name, address, and telephone
number.....
TOWN OF BARNSTABLE_RENTAL ORDINANCE,ARTICLE 51:
The following violation of the Town of Barnstable ordinance was observed:
Section 4-4: Owner's name, address and telephone number not posted.
Section 4-4 of the Town Rental Ordinance specifically reads as follows:
Q:Health/Order letters/Housing violations/239 Santuit Newtown Road.doc
i
An owner of a dwelling which is rented for residential use,who does not reside therein and who
does not employ a manager or agent for such dwelling who resides therein, shall post and
maintain or cause to be posted and maintained on the exterior of such dwelling within five
(5)feet of the main entrance or within five(5) feet of the mailbox(es), at least four (4) feet and
not greater than six(6) feet above ground level, a notice constructed of durable material, not less
than twenty square inches in size,bearing his/her correct name, address and telephone number. If
the owner is a realty trust or partnership,the name, address, and telephone number of the
managing trustee or partner shall be posted. If the owner is a corporation,the name, address, and
telephone number of the president of the corporation shall be posted. Where the owner employs a
manager or agent who does not reside in such dwelling, such manager or agent's name, address,
and telephone number shall also be included in the notice.
You are directed to correct the violation of Section 4-4 listed above within Seven (7)Days of
your receipt of this notice,by posting the property correctly.
105 CMR 410.482: Smoke Detectors. No operating smoke detector on the first floor.
.105 CMR 410.500: Owner's Responsibility to Maintain Structural Elements. Chronic
dampness and mold in a bedroom's (former breezeway) walls and ceiling and much mold on the
bathroom ceiling. The bathroom shower walls have also been impacted due to the fact the tiles
have fallen off the.wall. The rear section of the house has no gutters or downspouts thereby
contributing more to the chronic dampness/mold problem.
Additional problems that were found during the inspection are:
1. An inground swimming pool with no fence around the pool.
2. An illegal lally column in the basement in front of the sliding glass doors.
3. The Town of Barnstable Assessor's office has the dwelling listed as a 2 bedroom
dwelling and is currently being used as a four (4) bedroom. The above mentioned
breezeway has been converted into a bedroom. This bedroom now abuts the garage
where there is a concern of fire wall protection.
Due to the above listed problems this letter is being copied to the Barnstable Building
Department and the Centerville-Osterville-Marstons Mills Fire Department.
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 could result in a fine of up to $100.00 per violation. Each day's failure to
comply with an order shall constitute a separate violation.
PER ORDER 7OFBOARD OF HEALTH
�
Thomas A. McKean,R.S.
Director of Public Health
Q:Health/Order letters/Housing violations/239 Santuit-Newtown Road.doc
Town of Barnstable
Cc: Dave Mattos,Building Inspector
Chief John Farrington, COMM Fire Department
Mr. Ronald Mycock,
Mycock Real Estate
30 School Street
Cotuit,MA 02635
Q:Health/Order letters/Housing,violations/239 Santuit-Newtown Road.doe
Certified Mail#7003 1680 0004 5458 3268
Town of Barnstable
Regulatory Services
Thomas F. Geiler,Director
NAM
16
Public Health Division
Thomas McKean,Director
200 Main Street, Hyannis,MA 02601
Office: 508-862-4644 Fax: 508-790-6304
November 10, 2004
Mr. Derek E. Martin&
Ms. Frances V. Brew
72 Ferncroft Road
Waban, MA 02648
NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.000 STATE SANITARY CODE 1I
- MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE
TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51
The property owned by you located at 239 Santuit-Newtown Road, Marstons Mills, was
inspected on November 9, 2004 by Donna Z. Miorandi, RS, Health Inspector for the Town of
Barnstable, because of a complaint.
The following violation of the State Sanitary.Code and the Town of Barnstable were observed:
105 CMR: 410.481: Posting Name of Owner. An owner of a dwelling which is rented for
residential use, who does not reside therein and does not employ a manager or agent for such
dwelling who resides therein, shall post and maintain or cause to be posted and maintained-in the
interior of such dwelling in a location visible to the residents a notice constructed of durable
material, not less than 20 square inches in size, bearing his name, address, and telephone
number.....
TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51:
The following violation of the Town of Barnstable ordinance was observed:
Section 4-4: Owner's name, address and telephone number not posted.
Section 4-4 of the Town Rental Ordinance specifically reads as follows:
Q:Health/Order letters/Housing violations/239 Santuit-Newtown Road.doc
V
An owner of a dwelling which is rented for residential use,who does not reside therein and who
does not employ a manager or agent for such dwelling who resides therein, shall post and
maintain or cause to be posted and maintained on the exterior of such dwelling within five
(5) feet of the main entrance or within five (5) feet of the mailbox(es), at least four(4) feet and
not greater than six(6) feet above ground level, a notice constructed of durable material, not less
than twenty square inches in size, bearing his/her correct name, address and telephone number. If
the owner is a realty trust or partnership, the name, address, and telephone number of the
managing trustee or partner shall be posted. If the owner is a corporation,the name, address, and
telephone number of the president of the corporation shall be posted. Where the owner employs a
manager or agent who does not reside in such dwelling, such manager or agent's name, address,
and telephone number shall also be included in the notice.
You are directed to correct the violation of Section 4-4 listed above within Seven (7) Days of
your receipt of this notice,by posting the property correctly.
105 CMR 410.482: Smoke Detectors. No operating smoke detector on the first floor.
105 CMR 410.500: Owner's Responsibility to Maintain Structural Elements Chronic
dampness and mold in a bedroom's (former breezeway) walls and ceiling and much mold on the
bathroom ceiling. The bathroom shower walls have also been impacted due to the fact the tiles
have fallen off the wall. The rear section of the house has no gutters or downspouts thereby
contributing more to the chronic dampness/mold problem.
Additional problems that were found during the inspection are:
1. An inground swimming pool with no fence around the pool.
2. An illegal lally column in the basement in front of the sliding glass doors.
3. The Town of Barnstable Assessor's office has the dwelling listed as a 2 bedroom
dwelling and is currently being used as a four (4) bedroom. The above mentioned
breezeway has been converted into a bedroom. This bedroom now abuts the garage
where there is a concern of fire wall protection.
Due to the above listed problems this letter is being copied to the Barnstable Building
Department and the Centerville-Osterville-Marstons Mills Fire Department.
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 could result in a fine of up to $100.00 per violation. Each day's failure to
comply with an order shall constitute a separate violation.
PER ORDER OF E BOARD OF HEALTH
Thomas A. McKean, R.S.
Director of Public Health
Q:Health/Order letters/Housing violations/239 Santuit-Newtown Road.doc
Town of Barnstable
Cc: Dave Mattos, Building Inspector
Chief John Farrington, COMM Fire Department
Mr. Ronald Mycock,
Mycock Real Estate
30 School Street
Cotuit, MA 02635
Q:Health/Order letters/Housing violations/239 Santuit-Newtown Road.doc
FORM30 C&W HOBBS&WARREN TM THE COMMONWEALTH OF.MASSACHUSETTS
B A D OF .HEALTH
CITY T WN
DEPARTMEN `
JIWNIV/11�>. 00
o� DR S ,!
�M Ste y`0 - �
LEPHON ,
AddressA � 11_.t.,47 .: �'V:►V "�9 Occupant
Floor- -Apartmen'No- ---..__ N..o.of Occupa
No.of Habitable Rooms __No.Sleeping Rooms_ 1�1` �' -
No.dwelling or rooming units _ N Sto _
Name and address of owner
1
J
Remarks g. �/'I .' C
YARD Out Bld s.: fences: . v
Garbage and Rubbish
Containers:
Drainage.
Infestation Rats or other:
STRUCTURE EXT. Steps,Stairs, Porches:.
Dual Egress:and Obst'n.::
❑ B ❑ F .El M.: Doors,Windows:
Roof
; .
Gutters, Drains:
Walls:
Foundation:
Chimney!
BASEMENT. Gen:Sanitation:
Dampness:
Stairs;:.
Li htin ::.
STRUCTURE INT. Hall,Stairway:.
Obst n
`Hall,Floor,Wall,Ceiling:
Hall Li htin : .
Hall Windows:
HEATING Chimneys:
Central ❑Y'. p N. Equip. Repair
TYPE: Stacks;Flues;Vents;,
PLUMBING Supply Line: .
0 MS DST ❑ P Waste Line:
H.W.Tanks Safety and Vent(s)
ELECTRICAL Panels,:Meters,Cir.:. .
110 ❑ 220 Fusin ;Grnd.:
AMP:: Gen:Conti. Distrib. Box:
,Gen.Basement Wirin
: . DWELLING:UNIT:
Ventil. L to .. Outlets Walls. Ceils.. Wind. Doors Floors Locks,.
Kitchen -
Bath oom
Pant
Den .
LivingRoom
Bedroom 1 ;
Bedroom 2
Bedroom 3
Bedroom(4).
Hot Water.Facil. Su :Ten.,Gas,OiI; Elect.:
Stacks, Flues,Vents,Safeties:
Kitchen Facilities' Sink
Stove.
Bathing,Toilet.Facil. Vent.,Plumb.;Sanit'n.:
Wash Basin,Shower or Tub:
Infestation Rats, Mice,Roaches or Other:
Egrets Dual.and Obst'n;
General': BuildingPosted
AA
Locks on Doors: ,
.ONE OR MORE.OF THE VIOLATIONS CHECKED ABOVE IS &CONDITION WHICH
MAY MATERIALLY IMPAIR THE HEALTH. OR SAFETY-AND WELL-BEING OF THE
OCCUPANT.AS DETERMINED BY 1b5CMR -41'0..7b.0 OF THE CODE OR THE
AUTHORIZED INSPECTOR.(See Over)
"THIS-'INSPECTION REP RT jS;SIGNED'AND CERTIFIED UNDER THE PAINS A
PENALTI OF PERJU
1 (
INSPECTOR �.. � t—L>E •� , �+ l�
DATE TIME
. A.M..
THE NEXT SCHEDULED REINSPECTION PM.
I
Certified Mail#7003 1680 0004 5458 3305
Town of Barnstable
Regulatory Services
Thomas F. Geiler,Director
Public Health Division
Thomas McKean,Director
200 Main Street,Hyannis, MA 02601
Office: 508-862-4644 Fax: 508-790-6304
January 5, 2005
Mr. Ronald Mycock
Mycock Real Estate
2.0 School Street
P.O. Box 437
Cotuit, MA 02635-0437
Dear Mycock:
You are scheduled to appear before the Board of Health at the next scheduled meeting on January
18, 2004 at 7:00 pm. at the Town Hall, Second Floor Conference Room, 367 Main Street,
Hyannis, Massachusetts.
It is understood that you are the representative for the owners of record known as Derek Martin
and Frances V. Brew of Waban, Massachusetts. At this hearing you will be asked to explain why
the violations at 239 Santuit-Newtown Road, Marstons Mills have not been corrected.
If there are any questions please feel free to call this office at the above listed number.
ZPER ORDER OF HE BOARD OF HEALTH
as A. McKean, S.
Director of Public Health
Town of Barnstable
Cc: Eric Genson r_
239 Santuit-Newtown Road _
Marstons Mills,MA 02648
Q:Health/Order letters/Housing violations/239 Santuit-Newtown#2 M.Mills.doc
Mycock Real Estate
20 School Street, P.O. Box 437
Cotuit, MA 02635-0437
-" PHONE 1-508429-3484 FAX 1-508420-5584
E-mail: RJMYcockAM_ycockAgency com
January 10, 2005
Mr. Thomas A. McKean, R.S.
Director of Public Health
Town of Barnstable �-
200 Main Street
Hyannis, MA 02601
Re: Letter of January 5, 2005 Health Meeting of January. 18, 2005
flk
f'
Dear Mr. McKean: `
This letter is to acknowledge receipt of the above-letter requesting that I attend the
above meeting. I will be out of the state,until-Janua y..19t'; Attorney Frederick
Mycock will,attend the meeting in my,place.
I recently spoke with Donna Z. Miorandi of your office about the situation. Ms.
Miorandi was going to see if there was a time that-she could get Mr :Genson to agree
to be their and I would arrange to have a;carpenter at the house to do the necessary
work, I have not heard back from Ms Miorandi-so I am presuming that has not
worked out.
To follow up on my letter to your office dated November 29, 2004 which had a copy
of a letter to the Tenants indicating,that1would have,personal at the home to make
the necessary repairs at 12:00 Saturday December 4, 2004. On Thursday December
2, 2004 Mr. Genson called me and told me that I could not just notify him when I
was going to come to inspect/repair the premises and that he had plans for
December 4, 2004 and would not be at home to give my people access. I told Mr.
Genson fine, I would proceed through the courts to get a time certain so that I might
get the problems fixed and also to proceed with his eviction for not paying his rent.
Even though Mr. Genson had called me to tell me he would not be at the home I still
sent two (2) men to the house and they arrived their at approximately 12:15 PM. No
one was home at that time.
I presently have a court date of January 27, 2005, see Complaint attached, at which
time we will ask the court to set a time so that we may fix the issues outlined in your
letter and get a time for the tenants eviction.
I
Should you or Ms. Miorandi have an questions prior to the meeting of the 18th, you
may t me on rn cell hone at 508-367-2500. I will be on the West coast lease
Y try Y P � P I
allow for the time difference.
Very truly y rs,
Pt--X. I r
Ronald J. My ock
RJM/r
Enclosures
•## r r 1 IF
a
i
y it
i
Commonwealth of Massachusetts
The Trial Court
SUMMARY PROCESS SUMMONS
AND COMPLAINT
Department Docket No.
Barnstable Division Entry Date
Barnstable ss (01118/05)
THIS IS A COURT NOTICE OF A FIROCEF::I)ING TO
EVICT YOU, PLEASE READ IT CAREFULLY
IMPORTANTE: ESTE DOCUMENTO ES UNA NOTICIA DE UNA COUTE,
RESPECTO A PROCEDIENTES PARA DESALOJARLE .
TO:
ADDRESS:239 Sand ut-=NeAmm Road CITY M111s ZIP:02648
You are hereby summoned to appear before a Justice of the Court at the time and place listed below:
Barnstable District C`t.,
DAY: Thursd - DATE: TIME: a.m. COURT LOCATION14a.in St.,Rte 6A,Barnstable,l�lA
Mycock Real Estate/
ROOM:
-Main-,9P,sqJ on to answer the complaint of LANDLORD/OWNER: T)arnk F_ Lj rt;n
STREET:_-)n_School Rtn�et� p .Cl, F3c�.437 CITY; Cotuit _ ZIP; 02635-0437
that you occupy the premises at )3a S=Znttli i BbU t-rtc, ii ,Iy�j -a nnG Mi 11,,mA n2r,4gbeing within the judicial,
district of this court, unlawfully and against the right of said Landlord/Owner
becauseyo= taranZh3-be= terminated for ncm payment of rent as 2mgii.rad by lease
and further, that$- y 395..Q0 - rent is owed according to the following account:
ACCOUNT ANNEXED
"�• ' $1 a11;.nn ;�e-r m ootb frzw 11104 to the =went
First f B
clerk-Ma trace
1993. P4ait,,S.t �t�c,x730,Barnstanle,,MA 02ti10
ngnature
of Plaintiff or A Addrwal1 of Plalntlf's Attorney
-142
of Plaintiff or Attorney Telephone Number of Plainfiff or Attorney
NOTICE TO OCCUPANTS:At the hearing on__01/27/05 , you (or your attorney) must appear in
person to present your defense. You (or your attorney) must also file a written answer to this complaint. (Answer form 2 is
available in the clerk's office.) You must file (deliver or mail) the answer with the court clerk and serve (deliver or mail) a
copy on the landlord (or landlord's attorney) at the address shown above.The answer must be received by the court clerk
and received by the landlord (or the landlords attorney) no later then the first Monday after the Monday entry day.
(0]/24/05)
IF YOU DO NOT FILE AND SERVE AN ANSWER, OR IF YOU DO NOT DEFEND AT THE TIME OF THE HEARING,
JUDGMENT MAY BE ENTERED AGAINST YOU FOR POSSESSION AND THE RENT AS REQUESTED IN THIS
COMPLAINT.
NOTIFICATION PARA LAS PERSONAS DE HASI_A HISPANA: SI USTED NO PUEDE LEER INGLES TENGA ESTE
DOCUMENTO LEGAL TRADUCIDOCUANTO ANTES.
AOTC-25(3t01)
�iS':r� hR��G1r�.bRGl�:fll :tJfl?t-t �Ib�:�l �G1G1�-GIT-NHf
r
0 v �
No.�" U a Fee-- ----------
BOARD OF HEALTH
TOWN OF BARNSTABLE ��—
Zipplication,forMelt Congtructionn-permit
) fig 9A Cvt,- L--
Application is hereby made fo a permit.to Construct ( ), Alter ( ), or Repair , )an individual Well at:
r Location — Address ^_ M�� Assessors Map and Parcel
Owner Address
aer
Installer — Driller Address
Type of Building
Dwelling ^ ® — —-- —
Other - Type of Building— ----------- No. of Persons------------------ -
Type of Well---- --�J�Gr - Capacity---------------------—---— ---—
Purpose of Well-----p--- � --
Agreement:
The undersigned agrees to install the aforedescribed individual well in accordance with the provisions of The
Town of Barnstable Board of Health Private Well Protection Regulation — The undersigned further agrees not to
place the well in operation until a Certificate of Complianc has been issued by the Board of Health.
Signed _—
c� date
Application Approved By
date
Application Disapproved for the following reasons: ---------- —-- -- - —
date
ySr`�Q a S� ---- Issued--1J- 1- -- — - -
Permit NO. o date
BOARD OF HEALTH
TOWN OF BARNSTABLE
Certificate Of Compliance
THIS IS TO CERTIFY, That the Individual Well Constructed ( ), Altered ( ), or Repaired f )
f
by----1 �. __l — �_�— - — -- ---- —
yI/ns®taller
jC-v _-��� -• -V- _����F�------------_--_'----__---
has been installed in accordance with the provisions of the Town of Barnstable Board of Health Private Well P otegion
Regulation as described in the application for Well Construction Permit No. LNOP�? :� Gated—t E!�
THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUED AS A GUARANTEE THAT THE WELL
SYSTEM WILL FUNCTION SATISFACTORY.
DATE-------- --- ----- —-- Inspector---------------------------------—----— -
NO. 02 Ud %_ a.. _ Fee--- ------------
I;
BOARD OF HEALTH
TOWN OF BARNSTABLE':--�_
Zipplication-ftlVef[ Con0truction3permit ?+
Application is hereby made fo a permit to Construct ( ), Alter ( ), or Repair A)an individual Well at:
Location --Address r /S Assessors Map and ParcelIIA —
Owner --Address
Installer — Driller Address
Type of Building
Dwelling -— du - - ----
Other - Type of Building- -------- No. of Persons----__-____ __—
I
Type of Well--__ -- Gr�'�•- - Capacity--- - - ---- - - --
Purpose of Well-- r_ ✓-5- ` -_ --
Agreement:
The undersigned agrees to install the aforedescribed individual well in accordance with the provisions of The
Town of Barnstable Board of Health Private Well Protection Regulation - The undersigned further agrees not to
place the well'in operation until a Certificate of Compliancy has been issued by the Board of Health.
�Signed ,� c - �5
— ---__— date
Application Approved By T - -
date
Application Disapproved for the following reasons: -------- -—-- - --—
date
Permit No. �� OU ' Q -- Issued-- �- 1'U ----- - --
date
i
BOARD OF HEALTH
TOWN OF BARNSTABLE
(Certificate Of (Compliance
THIS IS TO CERTIFY, That the Individual Well Constructed ( ), Altered ( ), or Repaired (k)
y Installer
has been installed in accordance with the provisions of the Town of Barnstable Board of Health Private Well Protection
Regulation as described in the application for Well Construction Permit No. ' `2-Dated � �
THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUED AS A GUARANTEE THAT THE WELL
SYSTEM WILL FUNCTION SATISFACTORY.
DATE — - -- Inspector— ----- --- - —-----
BOARD OF HEALTH * G%
` 0WN OF BARNSTABLE `
Well Con$tructionexm4 . � .
w�- ��~02
S
�_ s Fee---- f-
Permission is hereby granted "? 2 ^. , - ---------- ---—
to Construct ( ), Alter ( ), or R pair ( an Individual Well at-
I
No. — 7 �—Street T-----as shown on the application for a Well Construction Permit
No.-L, 0-,2 C —--- Dated L/ �^-------- — --
"-- (------------- -
Board of Health
DATE— /�2 /y r — ---
- t
P+dr )0 of I I
OFFICU..L INSPCCTION FORM~_ N
'SUaS.tRFACE SCwACE DISPOO�FO STEM INS,EY^^ONeFoR,,,,
PART C
SYSTEM 1"O.R -ATION (tonclnvto)
v,operr� roc; 239 Santuit Newtown Road
O-ecf, Mass.
Fld Hou e
�ccc V Ini9w1oo.
SK..CTCH OF 5CWACC 0ISPO�AL SYSTEM
Ao„oc i c1cicn oft,)( c..�
tc 4iipoiil cycicm InclvOlnj Ilct to �1 I<<tl nrpp��ancnt rcfcrcncc I�nCm�,;, ;
Logic whm pvblit wictr Ivpply tnlcrl Ihi bviloinI
Vi
COG
t PG
12/05/04
AFIDAVIT OF TRUTH
On four (4 ) seperate occations Mr. Ronald J. Mycock
20 School st. P.O.BOX 437 Cotuit, Ma 02635 . He has agreed
to' the following.
1 . The Twentysixth Day of the Tenth Month in the Year of Our .
Lord Two Thousand and Four. Ronald J. Mycock asured me (Eric
S. Genson) that his crew would be at my house ( 239
Santuit/Newtown rd. Marstons Mills, Ma 12648 ) I waited all day
for someone to show up to work on the house. no one showed up
at all.
2 . The sixth Day of the Eleventh Month in the Year of Our
Lord Two Thousand and Four. Ronald J. Mycock called by telephone
and asked if I would be home in about 20 minutes because his
crew will be at the house. I agreed to be there waiving the
24 hour notice. Two people came to my door. one person was his .
brother Rick Mycock. Idid not know the name of the other person.
They came in looked at my room and the bathroom and left ,They
never came back.
3 . The Seventeenth Day of the Eleventh Month in the Year of
Our Lord Two Thousand and Four. A crew member fixed a. broken
door on the fence. He (do not know his name) asked me if someone
will be home tomorrow so he could work inside? I agreed to be .
home at noon time. Again no one showed up to work inside the
house.
4 . The Second Day of the Twelth Month in the Year of Our Lord
Two Thousand and Four. I received a threatening certified letter
from Ronald cock. stating that his crew will be at the
house on Satway 4 , 2004 at noon time. again no one showed
up to work on the house.
I Eric Stephen Genson refused entry into the house only once.
My 1.3 year old son just got home from school and a crew member
asked to come in and my son refused him entry, I was on the
phone with my son at that time.
uthfully You
S�Nf Eric Stephen Gensoni P, JCA/PCASC
Notary Public ��''����✓- -�.��1�G�/�
LINDA R.WNEELDEN
COMMO MTH OF irass c
► Hu"
Mr came.EVkm 02-a2M7
ENVIROTECHLABORATORIES,INC. T
-- MA CERT.NO.:M-MA 063 -
Jan Sebastian Dr- Unit#12
Sandwich, MA 02563
(508)888-6460 1-800-339-6460
FAX(508)888-6446
CLIENT. Hans Szimmetat LOCATION: 239 Rd. /
ADDRESS: 5 Pioneer Path Marstons Mills, MA
W. Barnstable, MA 02668
filloff
COLLECTED BY. Ed Meehan SAMPLE DATE: 8/26/2005
SAMPLE TIME: NA O
WATER SAMPLE TYPE. New Well DATE RECEIVED: 8/26/2005
LAB I.D. #: 0508687
WELL SPECS.: N/A
RESULTS OF ANALYSIS:
Parameters Units Recommended Results Method Date Analyzed
Limits
Coliform bacteria /100ml 0 0 9222 B 8/26/2005
pH pH units 6.5-8.5 6.68 4500 H+ 8/26/2005
Conductance umhos/cm 500 106 120.1 8/26/2005
Nitrate-N mg/L 10.0 0.99 300.0 8/26/2005
Nitrite-N mg/L 1.00 ` <0.004 300.0 8/26/2005
Sodium mg/L 20.0 10.0 200.7 8/29/2005
Iron mg/L 0.3 < 0.1 200.7 8/29/2005
Manganese mg/L 0.05 <0.008 200.7 8/29/2005
COMMENTS:
�WATER,,_MEETS,EP_A,S=TA-NDARDS-ANMS�SUITABLE-FOR-DRINKING PURPOSES
FOR PARAMETERS TESTED.
< = Less than
> = Greater than
TNTC=Too numerous to count
Date 3l �1
k6bold J. Sa
Laboratory rector
'Y �1
Mycock Real Estate
20 School Street, P.O. Box 437
Cotuit, MA 02635-0437
PHONE 1-508428-3484 FAX 1-508420-5584
E-mail: RJMycock(@MycockAgengLcom
November 29, 2004
Eric Genson & Katherine Evans
239 Santuit-Newtown Road
Marstons Mills, MA 02649
Re: Right of Entry to Add Smoke Detector and Remove Mold
Mr Genson & Ms. Evans:
As you are aware we have tried on a number of occasions to gain entrance to the
premises occupied by you at 239 Santuit-Newtown Road, Marstons Mills in order to
add a Smoke Detector and removal of mold. Your continued refusal to allow entry
is a violation of your lease, see paragraph 12.
You are hereby notified that we will be at the premises on Saturday December 4,
2004 at 12:00 PM to do the necessary work. We estimate it will take a total of three
hours to do the initial work. Your continued refuse to allow us entry will leave us no
alternative but to seek relief through the court system.
Very truly yours,
Ronald J. Mycock
For Derek Martin, Landlord
RJM/r
Cc: Town of Barnstable Board of Health
Centerville-Osterville-Marstons Mills Fire Dept.
f
n
r a
Mycock Real Estate
20 School Street, P.O. Box 437
Cotuit, MA 02635-0437 .
PHONE 1-568-428-3484 FAX 1-508-420-5584
E-mail: RJMycockk( MycockAeenmcom
November 29, 2004
Donna Z. Miorandi, RS
Health Inspector
Public Health Division `
Town of Barnstable .
6,
200 Main Street
Hyannis, MA 02601
r
Re: Your Letter of November 10,2004 � �
239 Santuit-Newtown Road, Marstons Mdls;•Ma 02601
Dear Inspector Miorandi:';
This letter is,to_acknowledge..Your letter of the above date regarding various issues
_ b
at the above location_. Todaywe have completed"thefollowing issues raised in your
letter: ,
1. Posting Name of Owner or Representative. This task has been
t .
accomplished.
2. Swimming Pool enclosure. The existing fence has been repaired and
an additional fence has been-installed which complies with Town
Zoning regulations.
3. Smoke Detectors .COMM has inspected,the premises and found two
detectors to be operading. They,have requested an additional smoke
detector be installed on the first floor even though the living space is
less than 1,200 square feet. We have been unable to complete this task
because of the tenant's refusal to allow us entry.
4. Mold removal. Once again we have been unable to complete this task,
as the tenant has not allowed us entry.
I am enclosing a copy of a letter to the tenants that occupy the above premises. We
are requesting in writing a time certain to complete tasks 3 and 4 above. If the
tenant remains uncooperative we will seek assistance of the Barnstable County
District Court.
n
r s
Please contact me should you have any questions regarding the enclosed.
VeynTruly yo s,
rf�
Ronald I Mycoc
RJM/r
Enclosures
~ ri
t
l
f e
9M
n ` .
i,
• t
SEWAGE INSPECTIONS Lill"
W46- DATE
VILLAGE /'9 i� 14 ASSESSOR'S MAP & LOT®
t
-INSPECTOR ®:
SEPTIC TANK CAPACITY �� d
LEACHING FACILITY: (type)/'/a (size)
NO. OF BEDROOMS I I
BUILDER OR OWNERS�� '
OWNER MAILING ADDRESS
. J
t i �
r WC
Pit P
LOCATION S� /Jl ___ 5EW&C-jE._PERMIT UO. .
J — — — A re
—CUCG�U�IGi,
r'
INSTALLERS U&tAE ADDRESS
BU-ILDER 5 Q.& .AE �. ADDRESS
- - - - ��- 44/ - - - - - -
DNTE PERMIT ISSUED •- . - - - - - -
DATE COMPLI &MCE ISSUED : f=?
III
t
q�A2 t
10,
y peel
a �
... FizRl.......0.0............ .........
THE COMMONWEALTH OF MASSACHUSETTS
BOARD OF HEALTH
0 F...... ..............................
Appliration -for Bitivagat Workii Towitrurtion Vrruift
Application is hereby made for a Permit to Construct or Repair an Individual Sewage Disposal
System at:
.................................................................................................. .................................................................................................
Location-Address or Lot No.
....................... --------
.--e "
.......................................... ..................................................................................................
0 n r Address
........................ ...................r.........T...................... ............--------- .................................................................
Installer Address
Type of Buildi Size Lot............................Sq. feet
Dwelling No. of Bedrooms--------------------------------------------Expansion Attic Garbage Grinder ( )
Other—Type of Building ............................ No. of persons-_________________________ Showers Cafeteria ( )
PL4Other fixtures -------------------------------------------------------------------------------- --------------------------------------------------------------
Design Flow--------------------------------------------gallons per person per day. Total daily flow--------------------------------------- ----gallons.
9 Septic Tank—Liquid capacity------------gallons Length________________ Width_.___---------- Diameter____-----_.-____ Depth.--.___-___--
Disposal Trench—No...................... Width___________________- Total Length_-...__._._._._.._.. Total leaching area--------------------sq. f t.
Seepage Pit No..................... Diameter__..___...__._...._. Depth below inlet_____________.______ Total leaching area------------------sq. f t.
Other Distribution box ( ) Dosing tank ( )
Percolation Test Results Performed by-------------------------------------------------------------------------- Date-----------------_---_-- -------
Test Pit No. I----------------minutes per inch Depth of Test Pit_.._._..___..___.__. Depth to ground water_----------------_----
rxq Test Pit No. 2----------------minutes per inch Depth of Test Pit._...____._.__._.__. Depth to ground water__.__._____________.....
a .............................................................................................................................................................
0 Description of Soil................................................................................................................................. --------------------------------------
x
U --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
W ---------------------------------------------------------------------------------------------------------
�Vl ------ ---------------
—Answer when applicable. ..:. -------
U Nature of Repairs or Alterations -------------
-------------------------------------------------------- ......... ...................................................Agreement:
The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with
the provisions of Article XI 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 the board of health.
S*igned. ...... . . ..................... ......... ................................40 Signed- Date
Application Approved By-------- ...... ..... .. ........ ---------------- 7.67
---- . ...............
Date
Application Disapproved for the following reasons:............................ ------------------------------------------------------------------------
.........................................................................................................................................................................................................
Date
PermitNo......................................................... Issued------- ---—--:;n .........
Date
THE COMMONWEALTH OF MASSACHUSETTS
BOARD F HEALTH
— C�l
------.OF...... .. .... �. :. . .--.I....................
Appliratiun -fur Diapufittl Workii Tomitrnrtinn Vami#
t Application is hereby made for a Permit to Construct ( ) or Repair ( ) an Individual Sewage Disposal
System at �l
Iy Y�/;•;c�� ` �iYO
Location.Address or Lot No.
/> .
Owner 7,r Ad r. s- . f
----•------•---- r��----------------
Installer Address
Type of Buildir� Size Lot----------------------------Sq. feet
U Dwellings—No. of Bedrooms______________________________ __ .Expansion Attic ( ) Garbage Grinder ( )
A`, Other—Type of Building ----------------__ --_-__ No. of persons---------------------------- Showers ( ) — Cafeteria ( )
Other fixtures -----_------------------------------------------------
W Design Flow............................................gallons per person per day. Total daily flow--------------------------------------------gallons.
04 Septic Tank—Liquid capacity------------gallons Length---------------- Width------------.-.. Diameter---------------- Depth----------------
xDisposal 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 ( )
aPercolation Test Results Performed by-------------------------------------------------------------------------- Date------------•-------•-------•-•-------..
Test Pit No. I................minutes per inch Depth of Test Pit-------------------- Depth to ground water...---...-.---.--.-.----
G14 Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water------------------------
----------------------------------------------------------------------------------------------------------------- ------------- --------------------------..
0 Description of Soil-----------------------------------------------------------------------------------------------------------------------------------------------------------------------
x
G"1 --------------------------------------- ---------------------------------------------------------------- --- - -----
---- --------
UNature of Repairs or Alterations—Answer when applicable......: :.-_s j___ ,..___.... ..... .......... ..___...._
-----------•----------•-•-------------------------------------------------•----•------•----------•-----•------------•-------•----------- ------•-----------.--••-•-------•-----------------------
Agreement:
The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with
the provisions of Article XI 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 the board of health.
q,Signed
C Date
7APPlication Approved BY ..... 6------------------
Application Disapproved for the following reasons:............
' ............... Date.......
.................•-••----........---•----------------------------•--•--...--------•-•-------------------------......•---•--•---•-•••------ - -------•-------------------------
/0, n Date
PermitNo......................................................... Issu 1. y��.. ---------..
1Tate
THE COMMONWEALTH OF MASSACHUSETTS
BOARD O HEALTH
J. .......d`�/L-�..............OF......... . ... ,!1?'rCl1.......................................
�rr#i$iratr of fW111ntplinnrr
IS S TO CE TIFY, hat the Individual Sewage Disposal System constructed ( ) or Repaired
b ---
at �G.`
has been installed in accordance with the provisions of Ar icle XI of The State Sanitary Code as described in the
application for Disposal Works Construction Permit No.-__.�--- ............. dated.-.__! :_.— 7�_____............
THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUED AS A GUARANTEE THAT THE
SYSTEM WILL NCT SAT15F�ACTORY.
DATE................. - -------P .............. Inspector.... -------- ------- ---------------------------------------
THE COMMONWEALTH OF MASSACHUSETTS
BOARD*' HEALTH
�. S l..'. '.7..........OF....... .. ...........................................----.......
No....-------•-----•-----•• FEE-�.................
MiXlvofitt ]arks nn rnr#intt anti#
Permission is hereby granted-" " r
-
to Construct ( Rep x (�n P
or. Individual Sewage Disposal System
\ , {/
Street `, .
at No.-:1.— C-6----
as shown on the application for Disposal Works Construction Pe it No�_..__._..__ _,. Dated--- .- ^.7_.� ._._.......
___ -7/......................
�ard of Health
DATE--�=�-----C�----J ----------------------------------•--
FORM 1255 HOBBS & WARREN. INC.. PUBLISHERS
r�