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HomeMy WebLinkAbout0800 BEARSE'S WAY (61)�4. +T% �1- r i, WYNN&WYNN,P.C. AMRNM-A FLAW 310 Barnstable Road, Hyannis, MA 02601 (508) 775-3665 (508)477-6179 Telecopier(508)775-1244 Michael C.Akashian Catherine M.Kuzmiski Michael J.Princi Raynham Office: Marylin A.Beck Joseph P.McKenna,Jr. Jeanne M.Quinn 90 New State Highway Mark W.Bennett William E.McKeon,Jr. Matthew R.Quinn Raynham,MA 02767 John F.Cascione* Christine M.McLaughlin Goncalo M.Rego (508)823.4567 Telecopier(508)822-4097 Dino M.Colucci*** Brenda J.McNally Rebecca C.Richardson Stephen J.Duggan James K.Meehan Janice E.Robbins Boston Office: Stephen J.Durkin Robert F.Mills William Rosa 84 State Street Richard T.Gallone* Charles D.Mulcahy James H.Sandman Boston,MA 02109 William J.Gately,Jr.* Laurie Phillips Mullen* Leonard Schneider (617)742-7146 Brian J.Gunning Catherine C.Murphy" Nancy McGuirk Silvia Telecopier(617)742.6712 Douglas A.Hale Charles A:Murray,III Luke P.Travis Fall River Office: Peter J.Kajko Jon M.Nelson ' Daniel J.Vieira 222 Milliken Blvd.,P.O.Box 2640 Mark R.Karsner John J.O'Day,Jr. Michael F.Walsh Fall River,MA 02722 William G.Kenney Kevin J.O'Malley Paul F.Wynn (508)678-5639 WalterJt.Korzeniowski Thomas E.Pontes Thomas J.Wynn AUCJUSt 1 5, 1 991 Telecopier(508)677-0344 *Admitted in Massachusetts and Rhode Island New Bedford: (508)999-6969 **Admitted Florida in Massachusetts,Rhode Island and Florid ***Admitted in Massachusetts and New Jersey Richard R. Bearse Building Inspector Town of Barnstable Town Office Building. Hyannis , MA 02.601 RE: Cape Crossroads Board of Trustees . Decks/Stairways. Our file Dear Mr. Bearse: In response to your letter of July 30, 1 991 , please be advised that I represent Cape Crossroads Condominium Trust. My clients have always acted responsibly with respect to the maintenance of the complex and specifically to any problems which have been addressed to them through. you. Unfortunately, in the Patterson matter, we have been barraged with a series of nit-picking, vociferous, constant and persistent complaints, which in our view, do not relate to our high standards which are maintained in the maintenance program* Rather, it is a personal matter between .Mr*. Patterson and the Members of Board of Trustees. In specific response to your letter, the Board of Trustees will continue to work with you to correct any building code violations which may exist. We are aware of the constant communications to your office , which also may have contributed to your letter of July 30, 1 991 . Notwithstanding, the issue with the Board of Trustees as always, will be the proper maintenance and repair of the complex, notwithstanding Mr. Patterson' s distractions. Richard R. Bearse Building Inspector August 15, 1991 Page .2 RE: Cape Crossroads Deck / Stairways Mr. Dumont will be in contact with you regarding the specifics of the deck and stairway .difficulties .and will keep you advised of the progress and the repairs. As always, thank you for your continued cooperation, assistance and guidance. If you should have any questions, please feel free to contact me. Very truly yours, WYNN AND WYNN, P.C. Michael J. Pry MJP/mm cc: Lt. Eric Hubler, Hyannis Fire Department Cape Crossroads Board of Trustees s _ JOSEPH D. DALUz Building Committiontr RXX7PlORRlIE97 TELEPHONE 508-790-6227 TOWN . OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 i I July 30, 1991' i t I I Ms. Mary Kaposi, Chairperson Cape Crossroads Board of Trustees . Box 1WM - 800 Bearses' Way Hyannis, i 02601 RE: Decks/Stairways I Dear Ms. Kaposi: I This office continues to receive complaints re the condition of the decks and stairways at various units at Cape Crossroads. i As the.. result of my on site inspections and viewing photographs forwarded io me by Mr. Patterson, I am requesting that the Association comply immediately with the requirements of Section 805.2 and 805.3, CMR Fifth Edition (Massachusetts State Building Code/copies enclosed) . Very truly yours, t / j Richard /BAarse Building Inspector i RRB/gr enc. cc: > Virginia Auciello James Patterson Al Lt. Eric Hubler, Hyannis Fire Dept. i Certified mail: P 650 798 514 R.R.R. I I a 7. •,ter...� ' � r MEANS OF EGRESS u SECTION 805.0 MAINTENANCE OF EXITS ,1 � �v 805.1 Obstructions: It shall be unlawful to obstruct, or reduce in any-manner, the'.`-'.... '-- clear width of any doorway, hallway, passageway or other means of egress required by the provisions of this code. { a 0 r 805.2 Maintenance: All required means of egress components shall af'all times be maintained in a safe usable condition. AN exterior stairways, fire escapes;egress,,, balconies and bridges shall be kept free of snow and ice. All corrodible`structural parts thereof shall be kept painted,or otherwise protected against rust and corrosion both before and after erection. All wood structural members shall be maintained to -: prevent rotting and decaying. Where these elements tie directly intolhe building iA structural system, all joints shall be sealed to prevent water from damaging for i 1 corroding the structural elements. � � t a 805.3 Testing and certification: All exterior bridges, steel or woo den'stairways, fire escapes and egress balconies shall be examined and/or tested, and certified for structural adequacy and safety every five (5) years, by a Massachusetts Registered '::, Professional Engineer,or others qualified and acceptable to the building official,who shall then submit an affidavit to the building official. SECTION 806.0 OCCUPANT LOAD 806.1 Design occupant load: In determining required facilities;' the number of occupants, for whom exit facilities shall be provided shall be established by�the largest number computed in accordance with each of Sections 806.1.1 through 806.1.3. 6.1.1 Actual number: The actual number of occupants for which eacl 'occupied j space, floor, or building is designed. 806.1.2 Number by Table 806: The number of occupants computed at the'rate'of one occupant per unit of area as prescribed in Table 806. 806.1.3 Number by combination: The number of occupants of any space::as computed;in Sections 806.1.1 or 806.1.2 plus the number of occupants similarly computed'for all spaces that discharge through the space in order to gain.access to an exit. 806.1.4 Increased occupant load: The occupant load permitted in any buildin or portion thereof is permitted to be increased from that number established for the given use by Table 806 when all other requirements of the code are also met based on such modified number. Where required by the building official,an approved aisle; seating, or fixed equipment diagram to substantiate any increase in occupant load 780 CMR - Fifth Edition 8-3 Of s 5� b2S�0 UV C# s �r N; r e G f� MEANS OF EGRESS b el ' p n a 5,& 1 s¢, L� � SECTION 805.0 MAINTENANCE OF EXITS 805.1 Obstructions: It shall be unlawful to obstruct, or reduce in any manner, tht clear width of any doorway, hallway, passageway or other means of egress required by the provisions of this code. 805.2 Maintenance: All—required_means-of-egress-components-shall at all times be maintained in at f=usa condition. AH exterior stairways,_fir_e_e pes,egress balconies and bridges shall be kept f reeofsnow-and--ice.All corrodible_structural parts thereof shall be kept painted;;or_otherwise-protected against rust and corrosion both before and,after`erection:All wood.structural members shall be maintained to prevent rott ni g and ed caying:Where these elements tie directly into-the..building structural syste all joiiitsshall 'je sealed to prevent water-from-damag ng or corroding the structural elements. 805.3--Testing--an_d--c_e_rtification:All exterior bridges,_steel^or.�wooden-stairways, (fire-escapes and=egress—balconies shalFbe�examined and/orztested;and certified-for struct ru l-ade uac -and-safe -eve -y fi-ve 5 ears by a Ma a husetts--Re istered Profesonal_si _Engineer,prohers qualified-and-acceptable-to-the-buildin-g-official,who _ - - shall-then-submit-an-}affidav t-to-4 building-official -=� -;-�, SECTION 806.0-OCCUPANT LOAD 806.1 Design occupant load: In determining required facilities, the number of occupants for whom exit facilities shall be provided shall be established by the largest number computed in accor gnce with each of Sections 806.1.11 through 806.1.3. , 806.1.1 Actual number: The actual number of occupants for which each occupied space, floor, or building is designed. 806.1.2 Number by Table 806: The number of occupants computed at the rate of one occupant per unit of area as prescribed in Table 806. 806.1.3 Number by combination: The number of occupants of any space as computed in Sections 806.1.1 or 806.1.2 plus the number of occupants similarly computed for all spaces that discharge through the space in order to gain access to an exit. 806.1.4 Increased occupant load: The occupant load permitted in any building or portion thereof is permitted to be increased from that number established for the given use by Table 806 when all other requirements of the code are also met based on such modified number. Where required by the building official, an approved aisle, seating, or fixed equipment diagram to substantiate any increase in occupant load 780 CMR - Fifth Edition 8.3 (x) To vote in such manner as they shall think fit any or all shares in any corporation or trust which shall be comprised in the trust property, and for that purpose to give proxies, to any person or persons or to one or more of their number, to vote, waive any notice or otherwise act in respect of any such shares; (xi) To guarantee performance of the obligations of �Iothers in any cases where they shall deem that it is to the advantage of this trust that t give such guaranty; 4 (xii) To maintain such offices and other places of business as they shall deem necessary or proper and to engage in business in Massachusetts or elsewhere; (xiii) To provide and contract for maintenance, repair, cleaning and other services to owners of Units in the Condo- minium; (xiv) To enter and have such access into Units in the Condominium as shall be reasonably necessary to the performance and exercise of the dutit-s, obligations, rights and powers of the Trustees hereunder; (xv) To employ, .appoint and remove such agents, managers, officers, board of managers, brokers, employees, servants, assistants and counsel (which counsel may be a firm of which one or more of the Trustees are members) as they shall deem proper, for the purchase, sale or management of the trust property, or any part or parts thereof, or for conducting the business of the trust and may define their respective duties and fix and pay their compensation and the Trustees shall not be answerable for the acts and defaults of any such person. The Trustees may delegate to any such agent, manager, officer, board, broker, employee, servant, assistant or counsel any or all of their powers (including discretionary power, except 11 - THE BOSTON SUNDAY CI,013E, • SEPITEMI3ER 23, 1990 NJI � •`,�. .r�,y+.�• .•r r;,�Y•'';l�J•r•• ' al+ ��1�1'r1�4)���r�{L;•. , �!1'� , Foutteen."In L; • • r. 1urodJ•,, ne� cl�ticall �j•� 1 /,wh % , ; / ]&me '• '`� `Aa�7 ';l''''.��� Vl�pt�l • '•r: P y��,,1�� . ,. :'.r': ;,,.. • ,' i'�K. 'r t.•''c .�t'•,t:j�'.' �' l�'.:>'i; ��'i.+'' n.,. A Brookline man celebrating:hiexp►�!e d'�;n l'�iH,l4d��yi 1i4, ,cst IAVII.�fIf <<;awl accident,.authorities said: 23d bu•thdayiwas%critically'•ii�jureao,r%X';+:Brookline police::said,i,thatI the .Joseph: Sweet of Strathmore and 13,otherr persons were hurt lateq"%.wood.supporting?Rothstein's third Road, identified by neighbors as the I''riday:night when.'the`•third-11oor��'4,Qoor,porch-at 1821.'Beacon St.,.bey% landlord,could not be reached. porch-on which•they-were standing:ff-tween I ilsyth Road�and Englewood,-,`*: j:;,Police'.said.-the Brookline build- collapsed,.authorities$aid.::::'?r:4:H'�4iAvenue,near?;Cleveland Circle,4ap;..,`Ang-Inspector-and fire Department- Lee Rothstein•yesterday;was re-'i`,.Aparently had4otted and-given way:4t would-investigate. the accident. Po- covering from'head trauma in the in j�:under the weight.vf 16 to 20 partylr; lice.said that most of the partygoers tensive care unit of Beth Israel Hos=�,goers.'.The falting,porch destroyed';'�were graduate students at local uni- pital,ahospital spokesman said.;The' +the.'second tloor:.porch as' it;fell to.:►:versities.A roommate said Rothstein 13 other persons'received hospital,,k..she ground,"police"said.yr�:;";5�,� ;t' :;r�was,not a student but he declined to treatment for'il�unes including batk' :+r� 'No done';Was 'on the twos lower'M1k elaborate. . pain,•cut$ and'bruises,","authw ities:r"porches At 1 time `t'�' ` F., + the a of the 11316 p m. �, ,)�P1;TEli J,•HOWE,and TON1 LOGY • ... 11S..ii1'Y;(y!'•'�il•41� � .. i !�-' l}y�;!. �1;l1•► a' !•�.1,� �.�,!•.f,i1, ,1,,('';� � .A �I� 0-� o •• 3 �� ►� � q o►� 11V a / vti o b • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return recei t fee will rovide ou the name of the erson delivered to and he date of delivery. For ad itional ees t e ollowing services are available. onsult postmaster for fees and check box(es) or additional service(s) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) Z. Article Addressed to: 4. Article Number P 650 798 514 Ms. Mary Kaposi, Chairperson Type of Service: Cape Crossroad Board of Tr. ❑ Registered ❑ Insured Box 1WM - 800 Bearses Wa El Certified ❑ coo y Return Receipt Hyannis, MA 02601 Express Mail ❑ for Merchandise -Q.Iways.obtain'signature of addressee _'- _` f�'��• . �or,g®nt and-DATE DELIVERED. 5. ignature — ressee k r< 8:-�.Addressee's Address (ONLY if pvquesFed°and fee paid) / !> 6. Signat e —1Xg efil 0 7. Date of Delivery .�' `� PS Form 3811, Apr. 1989 *u.S.G.P.o.1989-238.8�5 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address and ZIP Code in the space below. • Complete items 1,2,3,and 4 on the U- reverse. • Attach to front of article if space permits, otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO 1 Mr. Richard R. Bearse, Building Inspector TOWN OF BARNSTABLE YJ 367 Main Street Hyannis, MA 02601 ii�rerr_iri:r�c�ilete�[e�f[s.tli P `ZS 0 t798 514 Certified Mail Receipt No Insurance Cove{age Provided e Do not use for International Mail UNITED STATES (See Reverse) POSTAL SERVILE sent Ms. Mary Kaposi,Chairper on Cape Crossroads Bd. of Tr. Street&No. Box 1WM 800 Bearses Way P.O.,State&ZIP Code Hyannis, MA 02601 Postage Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing p� to Whom&Date Delivered a) Return Receipt Showing to Whom, Date,&Address of Delivery 7 TOTAL Postage &Fees Postmark or Date M E l� n. STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front). 1.If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier(no extra charge). Q W 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return W address of the article,date,detach and retain the receipt,and mail the article. 0 3.If you want a return receipt,write the certified mail number and your name and address ona rn return receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to the back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. —� 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, C endorse RESTRICTED DELIVERY on the front of the article. 8 5.Enter fees for the services requested in the appropriate spaces on the front of this receipt.If E return receipt is requested,check the applicable blocks in item 1 of Form 3811. rQ 6.Save this receipt and present it if you make inquiry. *u.S.G.P.o.1990-270-153 a �J JOSEP14"D. DALuz V X }t�C� CX C7�}tjX CX SBvilding Csmminiontr XXX7ROA' ]t]07 TELEPHONE 508-790-6227 TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 July 30, 1991 Ms. Mary Kaposi, Chairperson Cape Crossroads Board of Trustees Box 1WM - 800 Bearses Way Hyannis, MA 02601 RE: Decks/Stairways Dear Ms. Kaposi: This office continues to receive complaints re the condition of the decks and stairways at various units at Cape Crossroads. As the-: result of my on site inspections and viewing photographs forwarded to me by Mr. Patterson, I am requesting that the Association comply immediately with the requirements of Section 805.2 and 805.3, CMR Fifth Edition (Massachusetts State Building Code/copies enclosed) . Very truly yours, Richard B Xarse Building Inspector RRB/gr enc. cc: Virginia Auciello James Patterson ' Lt. Eric Hubler, Hyannis Fire Dept. Certified mail: P 650 798 514 R.R.R. I a�tl 7 i Yr 5Y I MEANS OF.EGRESS .r?�A I,a 11 .�•S SECTION 805.0 MAINTENANCE OF EXITS `�x ,` 805.1 .Obstructions: It shall be unlawful to obstruct or reduce in an -manner':ahen'4 clear width of an doorway, hallway, passageway y Y Y, y, passa ewa or other means of egress:r quired' a ` by the provisions of this code. z t1a,I Yr �: J 805.2 Maintenance: All required means of egress componentsshall at altlimes..� be maintained In a safe usable condition. All exterior stairways, fire esca"es e re s' . a1... '. balconies and bridges shall be kept free of snow and ice. All corrodible strucgui3f parts thereof shall be kept painted, or otherwise protected against rust a'ilnil corrosion ` '` both before and after erection. All wood structural members shall be maintained`tor �. prevent rotting and decaying. Where these elements tie directly into the build>in ' structural system, all joints shall be sealed to prevent water from da .guy magingor. ``�""� L corroding the structural elements. tr 805.3 Testing and certification: bridges, ` � All exterior rw-ay ,-,,, steel or woo�deri'sfairwayst,���' ;��` fire escapes and egress balconies shall be examined and/or tested, and certified for ";' structural adequacy.and safety every five (5) years, by a Massachusetts R'e ri tered �Professional Engineer,or others qualified and acceptable to the buildin g officialwho y, shall then submit an affidavit to the building official. Y ' r � - } SECTION 806.0 OCCUPANT LOAD • rY M �..V ,DDY.4f��YA 806.1 Design occupant load: In determining required facilities,-the numb:er�ofr`w occupants for whom exit facilities shall be provided shall be established bj-tfie.~ largest number computed in accordance with each of Sections 806.11 tl ou` 806.1.3. 806.1.1 Actual number: The actual number of occupants for which r 7 space, floor, or building is designed. p h each occupied;;: 806.1.2 Number by Table 806: The number of occupants computed at t one occupant per unit of area as prescribed in Table 806. P he rate',of..:.: 806.1.3 Number by combination: The number of occupants fY;: r computed in Sections 806.1.1 or 806.1.2 plus the number of occupants -s ace"�:as .. P. computed for all spaces that discharge through the space in order t gain`ac e`ss to\ .: . an exit. 806.1.4 Increased occupant load: The occupant load permitted1� portion thereof is permitted to be increased from that number establishedld °r.. .` . .. . given use by Table 806 when all other requirements $ on such modified number. Where required by the building offiociial, an aare ls�ov d aased =`seating, or fixed equipment diagram to substantiate an I PP isle; y increase in Occupant': •. " :_.. 780 CMR - Fifth Edition .Fr�� 711-01 d pro (508)790-6227 i 4 ✓ "�� t' JAMES L. PATTERSON I' PRESIDENT /V /Z V- wa RICHARD R. BEARSE k BUILDING DEPARTMENT J. LOUIS ASSOCIATES INC. TOWN OF BARNSTABLE TRANSPORTATION CONSULTANTS LICENSED I.C.C. BROKER TOWN OFFICE BUILDING BUILDING INSPECTOR 367 MAIN STREET OFFICE HOURS: P.O.BOX 4070 TELEPHONE HYANNIS,MA 02601 8:30-9:30-3:30-4:30 i HARTFORD,CT 06147.4070 (203)246.9890 To: Mary Kaposi, Chairperson Cape Crossroad Board of Trustees Box 1 WM - 800 Bearse's Way Hyannis,,,MA:'02601 From: Virginia Auciello Re: Rot of Supporting Structure of Deck- Unit 1 WD Date: July 17, 1991 Dear Ms. Kaposi and Trustees of Cape Crossroads: I wish to bring to your attention a situation of concern to me for the safety of my tenant and others . who may be using the common deck area off of unit IWD. In a recent visit to the property, noticed rotten supporting structure clearly visible in the corner area under the decking.,. As this appears to me to be a key support to the structure of the deck, I am concerned that someone :: fz may be hurt in the event of the deck structure not being secure. Please inspect the deck`a' its hd supporting structure and inform me of your findings. I am forwarding a copy of this letter to the building inspector so that any question of the safety on my tenant or others may be carefully . examined. Thank you for your prompt attention to this matter. Sincerely, Virginia V. Auciello 6 Scott Street Millbury, MA. 01527 July 17, 1991 Mr..Richard Bearse Building,Department Town of Barnstable 367 Main Street Hyannis, Ma. 02601 Dear Mr. Bearse: have enclosed a copy of a letter I have forwarded to Ms. Mary Kaposi, Chairperson of the Cape Crossroads Condo Trust. In this letter I have brought to the Board's attention my concern for the safety of my tenant and others using the common area of decking in front of Unit 1WD: In a recent visit to the property, I noticed rotted wood in the support structure of the.deck. f This rotted wood appears to me to be a safety hazard. As owner of the unit IWD which is a leased property, I am concerned for the safety of my tenant and others in this common area. Please'advise me as to the safety of this structure and your recommendations as to its required repair. .<, Thank you for your time and attention to this matter. Sincerely, V nia . Auciello THE BOSTON SUNDAY GLOBE • SEPTEMBER 23, 1990 .. .,.,.,` .,'}.'.r.A�•.u•l,��it?'.•lyr•, �• ;. . ' .J•F'L!. f . �;�-J•I 'l'.�(� 1:.. 1 .�1' •`'j, �i.. fi({+ y,. t.}�'?'r,d+0�i'f P e oeen: T tired .cone-entleaRy . 'h.. -'t:, ,i;.' .r`7,I;�r,` .�� Irk h•'' •i Ct�h.'+�: rf��: ';�,.+". .•.l.f.'.C,•, hemporewel Afine T , . ry� ,.�:1�17,1• ;y; i"ti., .rf!:j;l� t!t`t. �•'1 -Ijh,AM} ♦l t.f f."•''f7••1 ,�;.�Aq �t 1(� + .. �f 1;'+:••Il r• n K 'A Brookline man celebratin hiq i'' a ;l acciden .authorities said: ' 23d birthday 4as%critically-iNuredo..�,t''A:Brookline•'policel:said,'that 1the' .. -. :!Joseph: Sweet of Strathmore and 13.other persons were hurt late f',-wood supportingJ.Rothstein's third-: Road, identified by neighbors as the Friday;nightriwhen'the .third-flood: aoo6orch'at'1821'Beacon St.,.be-':,I landlord,could not be reached. porch•on which;they-were standingil:tween Usyth,Road i and Englewood.;`: :s;':.Police'q;aid;the Brookline build- 'authorities authorities raid. ?' • 'r`1;;y.aAvenue.near',Cleveland Circle,:ap-.,;:ing inspector'and Fire Department Lee.Rothstein yesterday'Was,re=q,jparendy.had-rotted and given.:way:,�O would•investigate the accident. Po- covering from'head trauma in the in=)� m?der the weight of 16 to.20 party.(,., lice said that most of the partygoers tensive care unit of Beth Israel Hos-;�=•g0ers.' The falling porch destroyed';:,were graduate students at local uni- pital,ahospital spokesman said.,The ' +the.'second-floor:porch as,it.'fell to a':versities.A roommate said Rothstein 13 .other. ersons_.received hos its �I',the ound olice.said.�w.•;`;�", + �' P p 1 ,�,f g ,p.. t N,�,; , was.not a student but he declined to treatment.for'ii>juries including baek' +i� 'No one ;was•on-the twoYJlower:%elaborate. . pain, cuts.and`bruises,,.authorities:r"• orches At the time of the 11:36 p.m.". '�'PETEI;J.•HO d TONI LOCY _,. 1 _. Wl;_an .... =�.i,�„w;v:j .,t,/.+' ,�/ .v1�M,�+. v:i i. "�• 4'1.1�4..:..�.� i 1... •+, �rr�+(}•.;1' 1N(1��•C.... •/. mil' •F` ' r ��z "9/;L, Z '' eq Z114Y %,4 may' 4�7eAO'7e -5 • ^.�jl,�' .~,//�.=ems d� JAMES L.PATTERSON PRESIDENT J. LOUIS ASSOCIATES INC. TRANSPORTATION CONSULTANTS LICENSED I.C.C. BROKER P.O.BOX 40701^� TELEPHONE JANE F. DAVIS Attorney at Law October 4, 1990 Mr. Edward Bearse Office of the Building Inspectec Town of Barnstable `!'own Hall South Street Hyannis, MA 02601 RE: Cape Crossroads, Unit 3SC, Property of James Patterson Dear Mr. Bearse: I represent James Patterson who is the owner of Unit 3SC at the Cape Crossroads Condominiums. Mr. Patterson has previously been in contact with you and with Joseph Deluz with regard to a deck on his property at Unit 3SC at the Cape Crossroads Condominiums, 800 Beacses Way, Hyannis, Massachusetts. Mr. Patterson fears that the ,deck which is part of the exterior of the building and is the responsibility of the Cape Crossroads Condominium Trust. to maintain is unsafe. He has reported this condition to the Condominium Trust and also to the Town in an attempt to get the Condominium Trust to take some action to fix the deck. He is very fearful that the Condominium Trust is not fulfilling its responsibility to him and to the Town of Barnstable by allowing this condition to continue. Could you please follow up on this by sending out the letter which you mentioned that you would send so►►►e months ago. Mr. Patterson have been in contact with your office on numerous occasions in an attempt to obtain from the Town a commitment to send out a letter to the Condominium Trust to take care of' this problem. He has asked me to follow up since he has not had any success with either the Condominium Trust or with the Town. Please let me know what the status of this is at your earliest possible convenience. Sincerely, Jane F: Davis JFD:rls 111 Adams Street • Newton, Massachusetts 02158 • (617) 527-8834 P.O. Box 1887 . 92 Gosnold Street • Hyannis, Massachusetts 02601 • (508) 771-4551 JANE F. DAVIS Attorney at Law October 5, 1990 Mr. Edward Dumont Cape Crossroads Condominium Trust Unit 1WM 800 Bearses Way Hyannis, MA 02601 RE. Unit 3SC/James Pattecson Owner Dear Mr. Dumont: I represent James Patterson who is the owner of Unit 3SC at the Cape Crossroads Condominiums. Mr. Pattecson has been in touch with you but has not been able to receive any satisfactory commitment from the Condominium Association to repair the deck on Unit 3SC. This condition could possibly constitute a dangerous condition and could lead to the injury of some person. Mc.. Patterson has reported this potentially dangerous condition to you and has -requested that the Condominium Association repair the deck properly so that the dangerous condition will be ended. Please be advised that your failure to follow up on Mc. Patterson 's repeated requests that his deck be repaired may constitute an assumption of liability on the pact of the Cape Crossroads Condominium Trust if any person is harmed as a result of the potentially dangerous condition in 3SC ' s deck. I 'must therefore demand that the deck repair be done forthwith. I further inform you that any liability for any injury sustained by any person as a result of the deck at Unit 3SC shall not be assumed by Mr. Pattecson and is the responsibility of the Cape Crossroads Comdominium Trust. Sincerely, J•a A'� Davis JFD:cls cc: James Paterson 111 Adams Street• Newton, Massachusetts 02158 • (617) 527-8834 P.O. Box 1887 . 92 Gosnold Street • Hyannis, Massachusetts 02601 • (508) 771-4551 l_ .JOSEPH D..DALUz 790-6227 Bui/dii;g"Commhiiontr TELEPHONE. °XftX4YUbX xxxxtmx TOWN OF BARNSTABLE BUILDING INSPECTOR TOWN OFFICE BUILDING HYANNIS, MASS. 02601 October 26, 1990 Cape Crossroads Condominium Association 800 Bearses Way Hyannis, MA 02601 Attention: E. Dumont, Chairman Re: Unit 3SC 800 Bearses Way, Hyannis Dear Sir: This letter is in reference to the deck at unit 3SC, 800 Bearses Way, Hyannis, owned by Mr. James Patterson. Earlier this year I met with you re the condition of the deck. At that time we discussed a method of making temporary repairs. The temporary repairs were made. However, as I recall, permanent repairs were to be made in the near future. The owner has advised me that as of this date the re- pairs have not been made. It is imperative that permanent repairs be made to the floor joists and decking. Contact this office within seven (7) days of receipt of this letter with a schedule for repairs. Very truly yours, Richard R. Bearse Building Inspector RRB/gr cc: J. Patterson Jane F. Davis, Attorney at Law Certified mail: P 017 014 349 R.R.R. I JANE F. DAVIS Attorney at Law December 19, 1990 Mr. Richard R. Bearse Building Inspector Town of Barnstable Town Office Building Hyannis, MA 02601 RE: Unit 3SC, Cape Crossroads Condominium, 800 Bearses Way, Hyannis, Massachusetts Dear Mr. Bearse: I represent Mr. James Patterson who is the owner of the above-entitled unit. I have enclosed herewith a copy of a letter. that I received a copy of from your Office that you sent to E. Dumont, Chairman of the Cape Crossroads Condominium Association. Please contact me with regard to the status of the repair of the deck at this unit. Your letter states that the Association had seven (7) days to contact you with regard to permanent repairs of the deck at Unit 3SC. Sincerely, Jane F. Davis JFD:rls Encl : 111 Adams Street• Newton, Massachusetts 02158 • (617) 527-8834 P.O. Box 1887 . 92 Gosnold Street • Hydnnis, Massachusetts 02601 • (508) 771-4551 w 6 Scott Street Millbury, MA. 01527 July 17, 1991 Mr. Richard Bearse Building Department Town of Barnstable 367 Main Street Hyannis, Ma. 02601 Dear Mr. Bearse: I have enclosed a copy of a letter I have forwarded to Ms. Mary Kaposi, Chairperson of the Cape Crossroads Condo Trust. In this letter I have brought to the Board's attention my concern for the safety of my tenant and others using the common area of decking in front of Unit 1 WD. In a recent visit to the property, I noticed rotted wood in the support structure of the deck. This rotted wood appears to me to be a safety hazard. As owner of the unit IWD which is a leased property, I am concerned for the safety of my tenant and others in this common area. Please advise me as to the safety of this structure and your recommendations as to its required repair. Thank you for your time and attention to this matter. Sincerely, Virginia . Auciello To: Mary Kaposi, Chairperson Cape Crossroad Board of Trustees Box 1 WM - 800 Bearse's Way Hyannis, MA. 02601 From: Virginia Auciello Re: Rot of Supporting Structure of Deck- Unit 1 WD Date: July 17, 1991 Dear Ms. Kaposi and Trustees of Cape Crossroads: I wish to bring to your attention a situation of concern to me for the safety of my tenant and others who may be using the common deck area off of unit IWD. In a recent visit to the property,I noticed rotten supporting structure clearly visible in the comer area under the decking. As this appears to me to be a key support to the structure of the deck, I am concerned that someone may be hurt in the event of the deck structure not being secure. Please inspect the deck and its supporting structure and inform me of your findings. I am forwarding a copy of this letter to the building inspector so that any question of the safety on my tenant or others may be carefully examined. Thank you for your prompt attention to this matter. Sincerely, Virginia V. Auciello f O ¢y �..__ 342T� D - • • P 732 903 698-MR__j ✓ � 2 Is your RETURN ADDRESS completed on the reverse side? i i �a a