HomeMy WebLinkAbout0800 BEARSE'S WAY (28) 02 i�• D�� - O� P
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Michael P. Hersey
-Cw_"� Attorney at Law
275 Mill Way Telephone 508 375-3344
a .PO Box 804 P Fax(508)375 9966
Barnstable,MA 02630
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lisa conrad 508.862.2715
fox 508.771 .8991 p
madison avenue a cape cod
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Michael P. Hersey
Attorney at Law
P.O.Box 804,275 Mill Way
Barnstable,MA 02630
Phone(508)375-3344
Fax(508)375-9966
March 31, 2000
Mr. Ralph Crossen
Building Commissioner
Barnstable Town Hall
Hyannis,MA 02601
Mr. Commissioner:
This office represents Ms. Lisa Conrad. Ms. Conrad is the owner/resident of 800
Bearse's Way;unit'3SF,Hyannis,MA 02601 C Cape Crossroads"). As you may be aware
this condominium complex is currently in the process of applying vinyl siding to the
buildings. Ms. Conrad has several concerns with the work being performed.
1. Ms. Conrad has continually notified the Management Company of her
concerns regarding sub-standard construction, maintenance and repairs.
Specifically a window repair and re-siding on the east-end gable wall that
continues to leak; damaging her walls, floors, and electrical system. No
corrective action has been taken.
2. This condition has been confirmed by two previous inspections, see enclosed
reports, as well as an inspection from a licensed electrician on March 30,
2000. All inspections conclude that there is water damage in the wall,the
most recent inspection confirms possible electrical damage.
3. Inspector Perry from your office spoke in person with the electrician, on the
site, yet has refused to issue a stop work order, or mandate repairs. Covering
over a potential life-threatening hazard without proper inspection violates 708
CMR et seq.
4. Ms. Conrad has continually attempted to have inspectors demand work be
performed in a workman-like manner, as required under 708 CMR 117.1. To
date work has neither been stopped nor corrected.
If the work is being properly performed under the Building Code,why have
inspectors been unable to locate any demolition material? The buildings that have not
been re-sided are loaded with rot and mildew. Conditions, which we can infer, have been
covered over on the previous buildings. 4
I have also enclosed a copy of the contract for the vinyl. As you'll notice on page
2 of the contract, removal and disposal of the existing siding was strongly recommended.
Ms. Conrad requests that the current work be halted immediately, and that the
wall in question be exposed and repairs effected before it is enclosed with vinyl siding.
If I can be of any assistance in this matter, please contact me at the address above.
Sincere
Y
AV P
Michael P. Hers
cc: Lisa Conrad
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AtwU-& co- INC.
4650 Route 28 Cotuit, MA 02635
(508) 428-6032
FAX(508) 420-0583
MARCH 29, 2000
MICHAEL HERSEY, ATTORNEY
BOX 84
BARNSTABLE, MA 02630
DEAR ATTORNEY HERSEY,
L
RE: CAPE CROSSROADS CONDOS, UNIT 3SF, OUTLET WATER DAMAGE
THERE IS WATER GETTING INTO THE OUTLET LOCATED IN LIVING
ROOM ON EAST FACING WALL AT CAPE CROSSROADS CONDOS, 800
BEARSES WAY,UNIT 3SF, HYANNIS, MA.
WE, AMES ELECTRIC CO., INC., HAVE GONE OUT TO VERIFY THE
DAMPNESS WITHIN THE ABOVE MENTIONED OUTLET BOX.
THERE IS ELECTRIC BASEBOARD HEAT DIRECTLY UNDER THIS
OUTLET, WHICH CREATES A CONCERN THAT FURTHER WATER DAMAGE '
CAN AFFECT THE HEAT. i
SINCERELY,
2
RODNEY W. AMES
AMES ELECTRIC CO., INC
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SHAP1 RO BUILDING & REMODLING
211 Wild Harbor Road
North Falmouth MA 02556
Tel: 1-508-564-6482
October 29, 1997
To Cape Crossroads Board of Trustees:
In reference to your letter to Lisa Conrad dated October 27, 1997, concerning
due diligence and "your years of stressing preventative maintenance," I would like to
suggest that you open your eyes and survey the condition of the exterior of your
Crossroads Condos.
Issue by issue:
Your roofs are obviously vented incorrectly, your trees are overgrown and removing
roof shingles with every blow of the wind. Your gutters and downspouts are not
connected in various areas throughout the complex. Your siding (clapboard) is rotting
off the walls and all of these issues are directly affecting my customer.
• The leaves that I removed from Ms. Conrads drain pipes were years old. I've been in
this business a long time and can tell you that if you let trees overgrow on your roof
you'll have all sorts of problems, as she had when I visited in early September. I
showed her the shed door and the water damage because of the clogged drain pipes.
Also in regards to the roof, I find it hard to believe anyone has inspected them. Most
are missing countless shingles. Is this your preventative maintenance?
• On the East facing side of the unit 3SF there is a water problem. It is not the window
of unit 3SF which is leaking. It is most likely a roof venting problem which is causing
her wall to be waterstained. The rain is being sucked into the gable vent and down the
wall which is affecting not just unit 3SF but appears to be affecting the unit below.
• In regards to your maintenance practices, if you inspect your property, you'll find you
have gutters installed with downspouts that are not connected. Collected water
freefalling 21' or so can do a lot of damage to anything it hits.
I have never seen a situation where an owner has to fight with a group of
managers who exhibit such a lack of communication that the previous owner left because
of issues they had with you and felt your mismanagement would hurt the property value
at Crossroads Condos.
In closing, I suggest that you stop harassing Ms. Conrad and begin
addressing the problems as stated above.
STEVE SHAPIRO
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Cape & Islands Home Inspection Service
P.O. Box 664
West HyannispoM MA 02672
1-900-462-8215
July 12, 1999
Lisa Conrad
Cross Roads Condominium
Bld. 3 South F
800 Bearses Way
Hyannis,MA 02601
A. The patio type window in Unit South F,right gable end,is not properly flashed and
this is causing water penetration in and around window area.This is causing rot and
deterioration on interior surfaces and sub flooring area. This situation needs to be
corrected properly. These areas will need to be exposed(into wall cavity) for proper
repair.
B. Rot noted on rake ends. Rot and deterioration noted on trim area by outside storage 7
shed.The shed area has rot at base. The deck area is starting to deteriorate and rot.
C. Condensation, moisture and leaking noted in attic areas. The siding on small cheek
(, area is loose and water penetration is noted. The plywood soffit area by deck has
�C moisture noted.
D. The attic area above kitchen,bathrooms and rear bedroom closet lacks proper
ventilation and is causing moisture and mildew on wall, ceiling and trim areas below.
Both bathrooms have ceiling fans. Both fans are vented into the attic and are allowing
moisture into attic areas.This is causing dampness and mildew to all areas below.
This section of attic lacks ventilation and bathroom fans are not vented properly. Fans
should be vented to the exterior. The ceramic tile flooring in bathroom has loose
grout and the sub flooring in front of bathroom door feels soft.inis situation is being
caused by moisture.
Because.of the condition that exists now(lack of ventilation, see D.)and the previous
problem with'water penetration into the attic areas, all areas of the apartment(walls,
ceilings, floors;windows and closets, etc.) show moisture,mildew and decay. Proper
repair is needed.
r
Cape Islands Home Inspection Service
P.O. Box 664
West Hyannisport, MA 02672
1-800-462-8215
E. The attic areas have evidence of water penetration. Water stains noted on drywall,
wood strapping, rafters and roof sheathing. The insulation has evidence of water
damage and in my opinion is not performing properly and should be removed and
new insulation installed along with proper ventilation in attic. Evidence of rodents
nesting in attic areas above bathrooms in soffit areas.
F. All these repairs and dampness problems should be corrected prior to new exterior
siding being installed.
Frank Capra
i71-1
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AwU-& CO. INC.
4650 Route 28 Cotuit, MA 02635
(508) 428-6032
FAX(508) 420-0583
MARCH 29, 2000
MICHAEL HERSEY, ATTORNEY
BOX 84
BARNSTABLE,MA 02630
DEAR ATTORNEY HERSEY,
RE: CAPE CROSSROADS CONDOS, UNIT 3SF, OUTLET WATER DAMAGE
THERE IS WATER GETTING INTO THE OUTLET LOCATED IN LIVING
ROOM ON EAST FACING WALL AT CAPE CROSSROADS CONDOS, 800
BEARSES WAY, UNIT 3SF,HYANNIS, MA.
WE, AMES ELECTRIC CO., INC., HAVE GONE OUT TO VERIFY THE
DAMPNESS WITHIN THE ABOVE MENTIONED OUTLET BOX.
THERE IS ELECTRIC BASEBOARD HEAT DIRECTLY UNDER THIS
OUTLET, WHICH CREATES A CONCERN THAT FURTHER WATER DAMAGE
CAN AFFECT THE HEAT.
i
SINCERELY,
RODNEY W. AMES i
AMES ELECTRIC CO., INC '
RWA/lh
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19 08:04 D-OLIMPIGS 5087713609 F.4
Cape & Islands home lnsp►ecdon Serpice
P.0, Box 664
West 14yannispoM MA 02672
1.-800462-8215
Jay 12, 1999
Liss Cow
Croas R*ads Condominium
Rld. 3 South F
Way
Hyani&MA 02601
A. The patio type window in Unit Sow F,right Phle end,is sot properly&Wwd ad
this is causing rater penetration in and around window area. This is causing rot and
deterioration on interior surfaces and sub tooring area.This situation needs to be
corrected properly, These areas will need to be exposed(into wall cavity) for proper
repair.
H. Rot noted on rake ends. Rot and deterioration noted on trim area by outside storage
shed.The shed area has rot at base. The deck area is swing to deteriorate and rot.
C. Condensation,moisture and leaxing welted in attic arms. The siding on small cheek
ayes is loose and water penetration is noted.The plywood soffit area by deck has
moistim noted.
D. 7`he attic area above kitchen,bathrooms and rear bedroom closet lacks proper
ventilation and is causing moisture and mildew on wall,ceiling and Fnm areas below.
Both bathrooms have ceiling fans. both fans are'vented into the attic and are allowvtng
Moigtm into attic areas.This is causing dampness and mildew to all arose below. ,
This section of attic lacks ventilation and bathroom fans are not'vented propedy. Fats
sho dd be vented to the exterior.The cer c the flooring in bathroom has loose
Smut and the sub flooring in front of bathroom door feels soft.As situation is being
em sed by moisture.
Became of the condition that exists now(lack of ventilation, sae D.)and the pmvvious
problem with water peaMation into the attic areas, all a=of the apartment(walls,
cei inga, floors,windows and closets,etc.)show moisture,mildew and decay.Proper
repair is needed,
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'99-J8-1S 0e164 D°GLN"PIn, 5087713609 �'P.5
t. 1
'ape & Islands!Home Inspection Service
P.O. Box 664
Vest HyannlspoM MA, 02672
1-800-462-8215
L, The attic areas have evidence of water pcnetration, Water stains noted on drywall,
wood strapping,rafters and roof sheathing. The insulation has evidcrace of water
damage and in my opinion is not performing properly and should be removed and
new insulation instu]W along with proper ventilation in attic, Evidcnce of rodents
nesting in attic areas above bathroom in soffit arm.
F. All these repairs and dampness problems should be corrected prior to new exterior
siding being instailed.
T.1-1t �
Frank Capra
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
INTERIOR ENVIRONMENT
1208.2.2 Openings below grade: Openings 1210.2.1 Opening size:Openings shall have a net
below grade shall be acceptable for natural area of not less than one square foot(0.093 m
ventilation provided that the outside horizontal z
clear space measured perpendicular to the opening for each 150 square feet(13.95 m)of foundation
space'- Where an approved vapor retar er is'
is 1%:times the depth below the average adjoining
n e over the ground surface,the required net
grade. area of openings shall be reduced to 0.1 square
12083 Contaminants exhausted:Contaminants in foot (0.093 m)for each 150 square feet(13.95
the breathing atmosphere shall be exhausted to the m) and vents shall have manually operable
outdoor air in accordance with the mechanical code louvers.
listed inAppendizA. 12103 Alternative mechanical ventilation:
1208.4 Openings onto yards or courts: Natural Enclosed attic,rafter and crawl spaces which are not
ventilation shall be provided by openings onto yards ventilated as herein required shall be equipped with
or courts which comply with the requirements of a mechanical ventilation system conforming to the
780 CMR 1212.0,or by other approved means. requirements of the mechanical code listed in
Appendix A.
780 CMR 1209.0 MECHANICAL • 780 CMR 1211.0 ACCESS T'O CRAWL
VENTILATION SPACES AND ATTICS
1209.1 General:Should mechanical ventilation be 1211.1 Access to crawl spaces: Access shall be
chosen as the ventilation option, mechanical provided to crawl spaces by an opening not less than
ventilation shall conform to the requirements of the 18 inches(457 mm)by 24 inches(610 mm). Such
mechanical code listed in Appendix A. access, if common to conditioned space,shall be
Note:Also see 780 CMR 1205.2.1 weatherstripped and shall close tightly.
780 CMR 1210.0 VENTILATION OF 1211.2 Access to attics:An opening not less than 22
SPECIAL SPACES inc es y inches mm by 762 mm wr
1210.1 Roof spaces: Enclosed attics and enclosed ready access thereto shall be provided to any attic
rafter spaces formed where ceilings are applied area having a clear height of over 30 inches (762Y
• directly to the underside of roof rafters,shall have mm)..Such access,-if adjoining conditioned space,
cross ventilation for each separate space by shall be weatherstripped, and close tightly. All
ventilation openings that are protected against the such access opening framing Joints s e
entrance of rain and snow. The openings shall be caulked gasketed weatherstripped .foamed or
covered with corrosion-resistant mesh not less than otherwise sealed to limit in fldtration/exfiltration.
'/.inch(6 mm)nor more than inch(13 mm)in any Where doors or other openings are installed in attic
direction. draftstopping,such doors shall be self-closing and
12111.1 Ventilating area: The minimum be of approved materials as specified in 780 CMR
required net free ventila ting area shall be 1/150 0 1211.01 and the construction shall be tightly fitted
e area o e space ventilated, except e, around all pipes,ducts or other assemblies piercing
minimum required area shall be reduced to 1/300, the draftstopping.
provide that: a vapor retar er vmg a 780 CMR 12110 COURTS AND YARDS
permeance not exceeding one perm is installed on
the warm side of the ceiling;or at least 50%,and 1212.1 General: All courts and yards required to
not more than 80%, of the required ventilating serve rooms for natural light or ventilation purposes
area is provided by ventilators located in the shall comply with the requirements of 780 CMR
Upper portion of the space to be ventilated at least 1212.0.
three feet(914 mm)above eave or cornice vents,
with the balance of the required ventilation. 1212.2 Minimum width:Every such court or yard
provided by eave or cornice vents. shall have a minimum width of three inches(76 mm)
for each one foot (305 mm) of height or fraction
1210.2 Crawl spaces:Crawl space areas,other than thereof, but not less than five feet(1524 mm) for
those used as an underfloor plenum, shall be outer courts and twice these values for inner courts.
ventilated by an approved mechanical means or by 1212.2.1 Irregular court or yard width:In the
openings in exterior foundation walls. Openings case of irregular or gore-shaped courts or yards,
shall be located as close to comers as practicable and the average width shall not be less than the
shall provide cross ventilation on at least two required width of a court in accordance with
approximately opposite sides. The openings shall be 780 CMR 1212.2,but shall not be less than five
covered with corrosion-resistant mesh not less than
feet(1524 mm)at any point.
'/4 inch(6 mm)nor more than inch(13 mm)in any
direction.
12/12/97 (Effective 8/28197) 780 CMR-Sixth Edition 205
780 CMR: STATE BOARD OF BUILDING REGULATIONS AND STANDARDS
THE MASSACHUSETTS STATE BUILDING CODE
1204.1.2 Sloping ceilings: If any room in a vertical plane adjacent to the exterior of the light- r
building has a sloping ceiling, the prescribed transmitting device in the enclosure wall and shall
ceiling height for the room is required in one-half be adequate to provide an average illumination of six
the area thereof. Any portion of the room footcandles(64.58 lux)over the area of the room at
measuring less than five feet(1524 mm)from the a height of 30 inches (762 mm) above the floor
finished floor to the finished ceiling shall not be level.
included in any computation of the minimum area 1206.2 Minimum glazing area: Every room or
thereof. space intended for human occupancy shall have an
1204.13 Furred ceilings: If any room has a exterior glazing area of not less than 8%of the floor
furred ceiling, the prescribed ceiling height is area. Natural light shall be provided by glazing
required in two-thirds of the area thereof,but the area that open onto courts or yards which comply
height of the furred ceiling shall not be less than with the requirements of 780 CMR 1212.0, or by
seven feet(2134 mm). other approved means.
1204.2 Floor area: Habitable rooms, except 1206.11 Adjoining.spaces:Where natural light
kitchens, shall have an area of not less than 70 for rooms or spaces without exterior glazing areas
is provided through an adjoining room, the
square feet(6.51 m-). unobstructed opening to the adjoining room shall
12043 Width: A habitable room other than a beat least 8% of the floor area of the interior
kitchen shall not be less than seven feet(2134 mm) room or space, but not less than 25 square feet
in any dimension. (233 In). The exterior glazing area shall be
based on the total floor area being served.
780 CMR 1205.0 LIGHT AND VENTILATION 12063 Stairways: Interior stairways shall be
REQUIRE provided with an exterior glazing area of not less
1205.1 Light required: Every room or space than ten square feet(0.93 m)on every floor through
intended for human occupancy shall be provided which the stairway passes.
with natural or artificial light.
1205.1.1 Bathroom and toilet room lighting: 1206.4 Hallways:Natural light shall be capable of
Every bathroom and toilet room shall be provided penetrating the full length of the hallway.
with artificial light. The illumination shall have 780 CMR 1207.0 ARTIFICIAL LIGHT
an average intensity of three footcandles(32.29
lux).measured at a level of 30 inches(762 mm) 1207.1 General: Should artificial lighting be
above-the floor. chosen as a lighting option,artificial light shall be
capable of providing the minimum illumination
1205.2 Ventilation required:Every room or space specified for natural light
intended for human occupancy shall be provided
with natural or mechanical ventilation. 780 CMR 1=0 NATURAL
1205.Zl:Every bathroom containing a bathtub VENTILATION
and/or shower shall be equipped with a 1208.1 General: Should natural ventilation be
mechanical—exhaust fan and associated chosen as a ventilation option,natural ventilation of
ductwork with the fan exhausting,at such rates an occupied space shall be through windows,doors,
as specified in the BOCA National Mechanical louvers or other natural openings to the outdoor air.
CodrJ1993asreferencedinAppend&A. Passive Exception: All occupancies shall have
ventilation methods such as openable windows mechanical ventilation in bathrooms and toilet
shall not substitute for ventilation. . Such rooms as specified in 780 CMR 1205.2.1.
bathroom exhaust shall vent directly`to the
outside and no exhaust vent shall terminate in 1208.2 Ventilation area required:The minimum
attics or other interior portions of the building. openable area to the outdoors shall be 4% of the
Note:See also 105 CMR 410.000 floor area being ventilated.
1208.2.1 Adjoining spaces: Where rooms and
780 CMR 1206.0 NATURAL LIGHT spaces without openings to the outdoors are
1206.1 General:Should natural lighting be chosen ventilated through an adjoining room, the
as a lighting option, in the application of the unobstructed opening to the adjoining room shall
provisions of 780 CMR 12,the standard of natural be at least 8% of the floor area of the interior
light for all habitable and occupiable rooms,unless room or space,but not less than 25 square feet
otherwise specifically required by the provisions of (2.33 m2). The ventilation openings to the
780 CMR 4 for special occupancies,shall be based outdoors shall be based on the total floor area
on 250 footcandles(2691 lux)of illumination on the being ventilated.
204 780 CMR-Sixth Edition 12i 12/97 (Effective 8/28/97)