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HomeMy WebLinkAbout0038 HAWSER BEND - MISC STREET FILE �.. �'� ,,_ _. �.., _� : . . . _ ._ ; : . t . .. �� .: ,. ,, .. �.: � �.. � �. �. �P - '. > .. .. �. �- .� ... ..Y. - � � - � .. . - ... � n .. � r"' - c - .. � .~ .. _ ... .. ,. � .. _ �. _ �� � � .. .5 .._. � ... ., .. � .,�. _ .. �: " � .:�: .. �� ti:':^ .. � ,. - .., ... - � o e .1 .. �� .. :. :: � ,. ,. 5.,:.. 5 _ -. - i' ,�. �.� a �. ..: ... F ': _ �_ f4 .. .. .. � .'.i a .. � � .. .. r. �. .. � n .. � `� 7- f - , n s , , , r x b ty^ , Y , • a r n �ocIME, Town of Barnstable *Permit# o P ti� Expires 6 months from issue date ReQQulatory Services e '�► + BARNSTABLE, r b ✓ o v MASS. Thomas F. Geiler,Director �Eo MAC Bllfiding Division 441,70 Tom Perry, Building Commissioner �o 1�0 200 Main Street, Hyannis,MA 02601 - pie Office: 508-862-4038 Fax: 508-790-6230 EXPRESS PERNHT APPLICATION - RESIDENTIAL ONLY e�F - Not Valid without Red X-Press Imprint Map/parcel Number t•o2 0?_3 Property Address C P ' Residential Value of Work Owner's Name&Address /� �� � � � 71 Al Contractor's Name Telephone Number Home Improvement Contractor License#(if applicable) Construction Supervisor''s License#(if applicable) ; ❑Workman's Compensation Insurance Check one: ❑ I am a sole proprietor ❑ I.am the Homeowner ❑ I have Worker's Compensation Insurance Insurance Company Name Workman's Comp.Policy 0- Permit Request(check box) Re-roof(stepping old shingles) All construction debris will be taken to ❑Re-roof(not stripping. Going over existing layers of roof) ❑ Re-side ❑ Replacement Windows. U-Value (maximum.44) ❑ Other(specify) *Where required: Issuance of this permit does not exempt compliance with other town department regulations,i.e.Historic,Conservation,etc. Signature Q:Forms:expmtrg Rzvised121901 i Nov 04 01 08: 27p The Moultons 508-771 -7868 p. l HADD—(lomeowners Against PeGeient Dwellings) Virginia&Ken Moulton,Co-Presidents CT.,MA.and NIET Chapters 38 Hawser Bend Centerville,MA. 02632 Home:(508)771-6365 E-Mail:themoultons@msn.com PRESS RELEASE On November 7,2001, the Massachusetts State Legislature will hold a hearing on a proposed bill,H4691,that is aimed at finally stopping government corruption at the local and state level. Its goal is to stop illegal, unhealthy and unsafe building practices across the Commonwealth. Under current law, if a local or state building inspector fails or refuses to inspect construction of a home or building or knowingly allows unsafe,unhealthy and illegal construction,citizens have no legal remedy. Towns,or the Commonwealth,that have knowingly allowed millions of dollars of this type of construction,will finally be held legally and financially liable under the proposed legislation. If communities and the state are held liable for the illegal acts of their employees, these acts will be stopped and no longer tolerated. Currently,towns and the state refuse to inspect homes that are collapsing or have toxic growths. They state that they will incriminate themselves in the known illegal behavior of their employees that they have condoned for years. In effect,our local and state government is taking the Fifth Amendment protection against self-incrimination. Should our Government be forced to a higher standard than any common criminal or thief9 Most politicians and high-level Massachusetts government officials don't think think so. Ken Moulton �} r November 1,2001 C Town of Barnstable Building Department 367 Main St. Hyannis,Ma. 02601 Dear Inspector; In June of 2000,we met with Inspector Crossen and a member of the Town's Legal department. We requested an inspection of our home. From June 2000 through October 2000,we also asked the Town Council to send you to inspect our home. All refused our request. At this time,we again request that you inspect our home. We request 10 business days notice should you decide to inspect. Yours Truly, Vi is Moulton Ken Moulton 38 awser Bend 38 Hawser Bend Centerville, MA. 02632 Centerville,Ma. 02632 508-771-6365 508-771-6365 1 1 Presented May 19,2000 Twelve Years ago,Virginia and I sank our life savings into purchasing the home of our dreams. Today,the home we live in is the "Money Pit" or the"House from Hell". Not only do Virginia and I live in the home but so does the rest of our family of four generations. These members include our handicapped and retarded Son, Kenny, our daughter,Heather, and Granddaughter,Bridget, and my Mother,May. Walls bow,floors sag,wood floors are rotting, beams are too short or extended by plywood, the fireplace is lined with wood, rain water leaks through the wall partitions and exits out of electrical outlets and the roof is collapsing. The home is a disaster waiting to strike. What caused our dreams to be shattered, our lives and safety to be placed in jeopardy and the pain and suffering we have had to endure has been caused by the corruption within the Barnstable building department. This corruption was allowed and condoned by the combined negligence of three Town Managers and all Town Council members since at least 1993. According to Ralph Crossen,your current building commissioner,you have all known about the corruption for over twenty years before he was hired but decided to ignore it. We first started to discover these facts in 1992 while having handicapped alterations made to our home. A Police investigation into a complaint by Virginia of attempted extortion by Barnstable building inspector Richard Bearse found (see enclosed page 10 of police report) that the building department portion of the building permit(enclosed)was never signed.Your building inspector,Richard Bearse, admitted he never signed the permit. His personal notes show that he was aware of several instances of building code (see enclosed page 11 and 13 of police report)violations and looked the other way. Strangely, he signed the certificate of occupancy (enclosed) so the builders and the realtor could sell us the home. When Bearse signed the certificate of occupancy,the building defects and code violations were still in the home. This can be seen by reviewing the following official document. On October 15, 1993,Mr. Daluz,your than building commissioner, ordered and paid for an inspection by Philbrook Engineering. The report also shows that the illegal construction that was seen by Mr. Bearse on April 9, 1987 was still present in 1993 and that it is considered live threatening.As can be plainly seen,Mr. Bearse knew the home was built in violation of state and local codes,that it was a safety hazard that could kill and that it was built illegally. In spite of all of this knowledge and facts,Mr. Bearse knowingly signed the certificate of occupancy on your behalf. Since the report became an official town report and public record in 1993,Mr. Daluz and Mr. Crossen have violated the law and never come to our home. Mr. Daluz told me in a September 1993 phone conversation that your Town Attorney Smith had told him not to go to our home because it would admit your liability. Perhaps Attorney Smith told Mr. Crossen not to come also. This is obstruction of justice. Your Town Attorney has acknowledged in the media the fact that the building permit was not signed as required by law but blame the builders rather than your corrupt employees. Page 13 of the police report states that the inspector told the police, and showed . ' E r v his logbook,that he signed the certificate of occupancy on December 28, 1988. Sadly,as can be seen, it was signed on July 1, 1988. It seems that the inspector lied and the police either overlooked this fact or covered it up to protect the inspector and the town. In 1996 while preparing for our case against the builders,we were told by members of the media to view the file on our home in the building department at the Barnstable Town Hall.We found the unsigned building permit,a public record document,had been illegally tampered with. It now (enclosed) had the initials of the building inspector Richard Bearse and comp added. Even more shocking was the fact that it had been faxed because there was a partial fax phone number at the top of the illegally altered permit. It would seem that this illegal act took place to conceal the facts of the illegal construction so that the jurors in our case would not know you had knowingly allowed the builders to build our home illegally. We also discovered that the building commissioner,Joseph Daluz, had been accused (enclosed July 1993 Town Council memo) of taking kickbacks from a convicted felon. This . would be extortion and state and federal income tax evasion. As you will recall, he was also fined some one hundred and fifty thousand dollars for his straw loan involvement in the failed Barnstable Credit Union. You took no action against him. He retired. We understand that your violations and of those of your building department and assessing department amount to consumer and bank fraud. You,despite your knowledge of the condition and illegality of our home, refuse to grant a tax abatement on the property. You demand full taxes on a home you know has a zero value. The certificate of occupancy is fraudulent because you knowingly gave it with the knowledge that the home did not meet any of the local, state or federal building/fire/safety codes. As you know and can plainly see,you are all guilty of various state and federal crimes.We have come here in an attempt to settle this case so that criminal charges will not have to be brought against you. If you are serious and ready to act we can finish today's meeting with a signed agreement. If you are not prepared to reimburse us for the damages and expenses caused but for your open violation of the laws and our rights and the negligent emotional distress and pain and suffering you caused my family,we can close the meeting now. The choice is yours. Should you decide at this point to have your representatives come to our home and condemn it or have us removed,this will be considered a violation of our Civil Rights and harassment for being whistle blowers of your corruption and negligence. Virginia Moulton /enMoulto`n/?� MAY 19. 2000 SETTLEMENT FIGURES - BUT FOR NEGLIGENCE HOUSE AND LAND $3709000 NEGLIGENT EMOTIONAL DISTRESS $2509000 SEAL AGREEMENT $1009000 BUT FOR NEGLIGENCE LAWYERS FEES $409000 BUT FOR NEGLIGENCE MORTGAGE $1409000 BUT FOR NEGLIGENCE MOVING EXPENSES $159000 BUT FOR NEGLIGENCE TAXES $259000 BUT FOR NEGLIGENCE HANDICAP RENOVATIONS $209000 TOTAL $9609000 r 4. ILLEGAL ISSUANCE OF BUILDING PEXUaT IN ME SMOM OF 1992. Investigation revealed that the issuance of the permit in 1992 was in order. Mr. MOULTON is referring to the home occupancy permit in 1988. Further investigation revealed that the building permit for 1992 was in order; Permit 135139, Applicant: Ken MOULTON.. dated June 17, 1992. When this was brought to the attention of Mr. MOULTON, he said what he really meant was the occupancy permit of July 1, 1988, Permit 130440. When Mr. MOULTON was asked what -he meant by this, he stated that the weather card or the card that-was suppos to be on the building had not been signed by any building ins r. In checkinq with the Building Inspector Department and also obtaining a copy of the card, it can be seen that the building permit card is indeed not illed out kL inspector of the building de t Mr. DALIIZ of the Department was s, he stated that it was peraissible for the inspectors to keep their own privy log boo d information was kept in the log book.�j I L.L When Mr. BEARSE was questioned about this, informed this Officer that he had some reports and they were kept in his own personal log book which was approved by the Building Inspector, Joe DALUZ, and they were at his home. I then asked Mr. BEARSE if any reports are kept on file at Town Hall to show the inspections were completed and he stated no, that they were only in his personal log book. Mr. BEARSE then informed me that if he could find them he would bring them in for me to look at. I then asked Mr. BEARSE if these were official records of the Town of Barnstable Building Inspectors Office and he informed me that he didn't think so. PAGE 10 r- --- *� •• SA re L 9•7..�.—�O��.. OMIT 7 ♦.•• ,r' gas •s*•csn �� I ' � •scT . !KAAs�T`TO����•+T.t .i.�f`��� i f t T • �e[a or . •�•� :....s. .; /Tim M +aN•�+Caattri .R. 1 # eft • 0-0.4 wo wnrs '. •r t.QCba�TC«t -• 1,+- T? in -.-+,. q, -1 �' �., t3rr1•IO ' •#.o T Tsr.cc 1 . ■i1Zi 7#f:R#CT- .....: �. #a•ps sr.tcn +•10 'GROSS srwcc*# LOT:•:iteO fG .:• .r LOT�-S1LSC7C �f .. .. . •t �,w. i OY/L71MG t� TQ•K"��• T T%lOt R ��PT. LONG /T 'w+- .� •-[A J . �/i Iw wL. tOMT I AwO iMA j ..^: � s_ LL.CtMIORfr`{lih' �""'L'T�=_ ��w•. ._ .'..T _r;r 9�,'.::�• - - •t..::•� COM?ry7lflC'p *'�J::��,if''��.. •i 'is=i.G�p<s� lASita.�T MA<"77 OR IOIMQATtaN' `' ;' e• :..: ` .t• _ �ua.ci sa1wc tcs ��►• f r [STu.•rp Cam. S - 16 AAA. •' •'r itawT' ••:';. : . ~•- OAUa%�• S7wrs•. f mow- e•r.r.�C'Q��w:.M Q-T ••'•�� I - 1 , �� AQQ1tC2s• '' t 9 t I-..�,.•. Q. n..:..,... T:� , NTL?iwG stsT:• � ��. IROM TMt .7(Pawruamr QP tteut •awns. rut It3YA#0C! aP rrrs fsswe "PUICAe48 cuecfvrsioN ftsT+rTc-Tarts. ,oOs »OT w CLE+fi TNt AP•:ttA«r PROM THE Carro#T#o«; fles rc Oo TMRit GAG. APP4CVI[D !•,ANS NUS# OC *t—.A&MQ+.. QM 1Q1 AMCTHIS •n+t11t afA iNsaSTCT10«s wt7vTwe=,a, ' UCAOit sit+awATt • co..s-RvcTloM vomit: GAO ztl:FT sM-sQ Ui#TIL PINALIMSP!CTTCM wAs 153.-4 «t*wort awt Rt:uTfto Pe. r+r'a:rioNs 70 40Paa-TMaf. "AOt. w141Es9 A . CZ;q -•fOr OC: FA �v t • !Lscrwreai. •:u+u.a .Na •w#C• o GOvt1s# 1a `APf rCa .wo fG1+A�1�Ai T«1rALL►TIOMf.rtretIf"Aarr rt. OtltRa-3.5lic" sUit.QIMG sleALL!aC-lg CC=UPIlr] UtsTtt. , a.Pon AU INS-WICTiaa. scorawt FINAL.INlI__Tlaw was allm JwAcc. OQCHw►I•CT, POST THIS CARD SO IT IS VISIIE LE FROM STREtT •t.tl:tr.s a.fn :�.,rc.,y,; 1 «.:Arethc ArSi�-7Gv,.••:-.ys 1 Riw�Gi.47�G{d.a.wczis t �{ I hfAtsrCaTSt•.C-Tc'i+.P••cius � pr�Etin.00cr•unaW�1# + a aK .• � ,cAAo ci-rxrn � IR s'•w�•v. �•.+'� ..'� ».�. star#i .•: ice. s 0%6f ►1 v(!LL a#.O rC10 IR C3hS-xUc-ac" w �t0 'Rol f var+� Ci. �O%C #i «O' S7 as J t v#-Mia 1#• a�0=%fto Cn loll CAM CPS i Chef ►. •Ow. ,a S< ..-,. :.iC I -..'• +:-�T ti' '�.��w..+rt M vA+►T: + RIs1417 iZ ISSU17 AS '00 71 2 AiC•l„ A„C.U"r-A!Y.M He stated that the record system is pretty poor, that they keep their own records and they don't have to do reports. On January 25, 1993, Mr. Richard BEARSE brought in his personal log books for this Officer to look at and copy, if needed. He stated that I could keep them for as long as I needed to. While looking through the log books, it was noted that the entry made on February 9, 1987 at 0845 hours (see copy) , this entry indicates "Cattaneo, Lot 32, Howser Bend Road, Found." Mr. BEARSE stated that this was a foundation check. I asked him if it came up to code and passed as satisfactory and he stated to me, "I guess son. It was also noted on the entry made on April 9, 1987 at 0800 hours (see copy) , this entry indicates "Cattaneo, Hawser Bend Road, Frame, Rafters, Ceiljoist, Hqrs Hdrs, Cut Joist, Siding Nailing. Spoke with Building Owner. I asked Mr. BEARSE what was meant by this with all the items indicated and he stated that he didn't know, that something must have been wrong. I asked him if these things were among, what he did about it and if he ever went back to inspect it again. He stated again that he did not know. I asked Mr. BEARSE if there were any other records to indicate what he did on this individual lot and he stated, "No, I do not think so." I asked Mr. BEARSE if he remembered who he spoke with and he stated that he had no idea. Also, noted on the entry made December 23, 1988 at 1215 hours (see copy) , this entry indica 32, Hawser Bend, Occper. PH. I asked Kr. BEARSE why this entry was made and he stated it was for an occupancy permit. I asked hie what he did for this final inspection and he / informed me that it was a walk through to see if things .were in order. He stated that things must have been in order �l because he signed the permit. I asked Mr. BEARSE if he did anything about the entry made on April 9, 1987, that he stated was unsatisfactory, and he stated that he did not know. With all the information received from the Buildinq Inspectors Office and also speaking with the Building Inspector Joseph DALAZ and the Assistant Building Inspector Richard BEARSE and reviewing the log books, it appears that there is a serious deficiency with record keeping in this office. n 0 t9 F A period of time has gone by and Mr. and Mrs. MOULTON were having work done on their house by a builder named Douglas WILLIAMS of Marstons Mills. Sometime during the building process, Mr. WILLIAMS mentioned that he had a home inspection service. Mr. and Mrs. MOULTON then had this service inspect their home. This is when the major defects were reported to have been found .in the home. (See report of the Southeastern Mass Home Inspection dated July 31, 1992. ) A copy of the job card, or weather card, and other data relating to the home being built in 1986 was requested grog the Town Hall. When the information was sent to the police facility, it can be observed that the card itself has not been filled in for approvals by the Building Inspector's Office. However, a certificate was issued for the occupancy of the home, Permit #30440, signed by Richard BEARSE, Deputy Inspector for the Town of Barnstable. On January 22, 1993, Mr. Richard BEARSE was asked about s particular incident on this home. He could not give an answer but said he would check his log book for 1987 and 1988 to see what approvals were given. On January 22, 1993, Mr. BEARSE brought his log book into the police facility for this Officer to view. (See copy of the log book dated February 9, 1987 and April 9, 1987. ) C . BEARSE stated that his notes indicate that some type lem with the rafters, ceiling headers, cut joists and nails. I asked him what type of problem and he stated did not know. I then asked him if he went back to he corrections were made' and he stated that he did mber. I then asked Mr. BEARSE how he could have an occupancy permit if reports had not been filled in ob card and he .indicated that this was done from his .then again had conversation with Mr. and Mrs. Kenneth MOULTON in reference to the two (2) different inspections and to see if they would allow a third (3rd) inspector, impartially, to inspect their home. Mr. MOULTON agreed that he would do this and he said that if any defects were found beinq major that the Building Inspector should have found before in 1986 or 1987 that he wanted the Town Manager or the Town Council to pay for the work. PAGE 13 TOWN OF BARNSTABLE " Psernlf N 30440 o. BUILDING OEPAATMEN;'r ................ W TOWN OF9Cc auxxiMG Cash , MYANNIS.MASS 0250 t Bond ................ CER'TMCA?E OF USE AND OCCU'PA YCY Wuct co PETF.3 CATTA`>—ZO STEPHE.N' BALE Address Ict #32 38 Hawser Bend Road, Cent4r7ille USE GROUP FIRE GRADING OCCUPANCY LOAD ,�— THIS�ER1I1T THE BUILOLVG SHALL:, BE OCCUPIED IjNTI: L '«ry StG.VED BY'THE•Bi =L';G--1NSPECTOR.UPON;SA " _ REQUIR1=ltE:VTS AND'IN ACCORDANCE WITH SEGTEO�N iy pF�'�Y�SETTS STATE BUILDING COOS. July I 88 ................ 14..........••.... �..... .. .I �.... Building Inspe=or j 0 'r=OF THE M OVAMM91T . . 28 Cu�taeW1l.�1A O�Z3.111 SM-790-E280•FAX 09-790430 C�yt��D�rgt�t o•t�li�rii.i.� r.r.at.l�■N�.�u■io..�i.l� Dd?E ID'. I4�3 TO: SOBS 39=09 MUM= ' Tom Or 367 WATW S'n= aml In accordance vich 1L.G.L. Chapter 148, Section ZIA, the CaacerrLUess, 4dc4-viS,I.o-mriroas Mus Is.-* DeVartaaac bzlbV to yaw t�a8 poC-=M=L VlaUCoa of 780 CfL: t=s Sca 3ta�t� Cods, SSW" for 7mr Tiering and/or Saterpratatioa of sera. NAMZf 3QS7=S: ID08as: 38 ROM BMW CF:�i'34B.LE On3E39Att�: UTES7=GiZ'=Og OF rm 3LzA= n= y 8T TM 0rj= as szrrzna 9, Im S! 307LV SSG cm2a DA=. PZZASZ SC'L$ M = TSS'= PSOEtm MM wr VARXIMM By ZUS 30 DG'E TO 1= it. MM 730 CS3L- I. p00DR=lrm=CffI3 SO= CUMU*Ct YZUPL=m CM= IN MM AT TBLS =IM Z. ]LOGE amp"=ING mmm TO saw 3. WA= D&YA= OQT r4l-? POSSlliL= AlrC= liMM. A. FLASEW ARC= Z CS T= LOCiTIii am SAS, WT DI " 1. 3W ACCESS TO A= AZU. 6. 3008' I8 PLUS AVIAM TO 3E Si=M* 7. DUMLOG wx= G = An OF! PODloti=IOlI G![ AS T SIDE CT BOA. S. M S'TU WATT AH.E UL M OOZ MM TO I= ISnUAL Thank Tan, C-0-m iira .-c: f. .I�tCt� as • } W�rHM. yYI!!I�{ —i } AT{� 00";3 t:Yt o Tom- No f m OF CAU t-1-X TIIng REC'D{ / y/1 am AtR{ j— `_..!9_} Oti L= / gsf } IN 3£.R71 CALLS WOR OWCLVUW WttLDW= . U t LD 1 t�85 - TYPE OF Q=p • . t s!1!!�9 DORM( SA& AS ANXI ADORE } T}LTELt- rn=13.61 ECtitA�SEt=' - c. APPUAXM QUIP MENT OESC:itPT14N{ OGETIuON OF EQU1Pi`tL-4T { YEAR{r`} DIAL={ NAM_- r-r_�MF�N rAT= VE-;tcLff-s . E1lR{ } MAKFCmoo El.f. - - h'• � } ADOR£SS{• _ EGISTRATION s; } OPERATOR OF YEH-t�,_,,, AITTCt%ATIC ALAAM JtM CLA33tFIGTtON C:ao FORM a t.-c-{ ' ;LLD OR N71FIED BY; aAIM FUMS NaTIPtFD{— cuxl: a�saar�t �rsF� j TELF.No � A Hartrnm { raLm.t } BY; TELE.xo.t } 0Y; � r LMT CF tI OTS THAT XM FCLLOW UP .Er HAAA"I P-10- IRS ALL. CALLS (PA49 Z.XOVEZ •.l1 UrA11.2) .1► -• 71 '.• •w17/ J, •• •.1 I r r'. .1/ -!'■ m - 1'!, r:11. Y:'r ]1 1►, 1•.11.!1 r:l" ::• :z if r /1• •Iq, 1 . ■.1. -PAL••1 • - ■;• ■1,.,._.. 'tom, •a/ •.LT •c M'17r� .0 ap r• rrt�� AM L..- +�. ILL •i u _ >,� - •! :M . t • - / mow .1 � . Mai -- BUr- r a •■w1• -' —=Tw r.;r JII 1 rY rs mumc II i3! n wlr nIJ.,MD.PAB rat_ ■41 w .v ■ .tr. MR P20MM- 5. x a• :Yf3l • ■:1" -- 3J: Y �. ■•A • : K■t I •' r! TIOCAir 10=13C Tg!l r go ma- - ElarA T CA T, I .�� PHILEROOK . ENGINEERING & ,aT eF.•� "i =1 • CONSTRUCTION ENC,SNgr,_-qING CETGv - C,^.NS,qUC'1CN INSPC_•`1CVS - BVILD1NM A&.--UA71CNS 3 Ae4CVA-,MNS MM1.a FCR R=CCRC : 15 October 1993 Sub iect: Residential Ias-aacticn - 7 octabe= 19i3 for the 3a_=sta_1_e Build:--c 0e^a_t-"end. Bar stahse . Mk Owner: Y.:. Fs Mrs . Ken Moul:.aa Praiect No: P93-Sa Location: #38 Hawser Lane weacZer: overcast a Caol Canza=v-IIe - Mn Document Reference - Pace a Item provided by extant fro= a rapo:. prepared by ScM Rome Inspection Saviica dtd 1 Aucust 1952 ------------------------------------------------ ---------_ ------- =NG I?".,`! • "S '"'"'�Y'i2C*; aac R�?�_.'.: fit Mat ccr=ac:ad AREAS REQU:R =JZ, .+_ these items will coQtiAUE as ia-Draq=ess L'ailu=ss . Z:am.s marked wl a •s ' present passible l_i`a/saaa_ O:Cble s ) PC 3 - Fire= ace a Chim,n Canst_•_c:_cn. There is a la=ca vcid • " = be:_::d the s__3_ l:^�?_ 3_^.Cj _ . ZC is badiv Svccad Thy chasa heads uC CC t c wccd and t.:2 0aCaZ:.a; LC: a ice=c 1s presa_nz. Qc. 3 & 4 - Qccf & Rooz Sc,uctu=a_ - Overall t'ne rcc= i a._?nc arc rat= s _nclinc a ve.�r ccc,_y basic hcuse is 32 ' ac_ass w/ a k lee wall located 4 ' _r an just cre =ice . Thee is a r:czc ancie L at cne end Chat n:=_asu=as 2a ' wide a;.d is 36 ' land (see U Tha fc1lcW4 is a saa_. , e= t e ccr_s__•sc:icr.: • The :a'_e=s :ra ail 2"x6" a 16" c .c. CaRac: cle=: 5=4ns are ait::e: 13 ' o= 14 ' . • The _ntarsec.inc valle•1 ra:ta.s are 2"x 5" -- IS or, a low pitch (5/ 7) . They Were sclia-ed »:C-s;.an w/ p1racod cussa.s . • Collar ties are s-paced 32" c .c. for the nc=al roof lay- out . There are nc collar ties in to area o: ca iata_- sectiac rzaf valleys . Zr Cher rea= is ar-oche= roc° incersec_ion that has a bic cricked whera the pitch is lass than 2/12 .T • Roo_'_- Mc is a st3.dard 3 tad aschalt shIncla laid 4"-5" to the weatha= . The fo.lcwinc is a su=ar•% a the ma Jar prablads : 4 3ccZ valleys have fa-lc at Cie Sp11C25 . Ccl:3Os nq dcwn- ward 1nco the azt:c . Tz t e real chart are C+O . cider 2 iC 4 St'ulC CC5t5 wC:C' 8:'¢ i:3GCurC::G L3:1Cer :.:a CCwrtya=4 !cad. The !:cnc vallev ha= =a'a' i nsca:_ad lend bracin(r ii stalled cse= a timbz7 talsawcrk- n nn r�� PHILEROOK ENGINEERING & 107aEAC-iS71RE . TR UCTI CONS O N ENG E 7ING OE�G.v • C:NZ WJCnCN tNSP'9_C~CNS • IUt MNQ A).-,VAT1CNS d AENCUTICNS NEM4a FOR R'CORZ : 14. 0=tcb=_ 13i? Su.b ect:: Ras-deat_a'- 3u'_1d_ c insz•=_ctiam - 7 Cc:obe: 1993 icr t o Ba=astab:a 3uiltinc 7eaa:tment . Ba:zs-ab:a . The in-fill valley rafters ha7a all pullad of= of the valley ra :2r as the collapse proc:assad. Thera are no coat=nucus calla= ties in tis area. coward to the root iata:sect'_ons . A=thouch ccnst=uctian axceads that of the 4th Ed. e, the SBC (car-loan:ae code durinc chis coast=uc- tior. Lima) straight desicz analysis shows that all of tte 2"x 6"s spaanine 13 ' or 14 ' are at least 20% ova:-stressed. This is show-inc is lonc-term dead load daf?ectiar. settic- ment. a In add=t:om to the above aa_1 pull-out, comprass'_or. by the rcc, system has bewed, cite too Wall section Of the intersectiac L some 3"-4" out cs plumb . This has also e_aated a sac in the rid_a o: the L w:ac. This is fur- twe: ccrtour._=__ by the Lei: that the ridce boa-d is but s; iced in c e e_cac_ c of. c.he int2=sections and has bent do:::war=. '* • all e= tr:=s mcvament has ocemeA_ up the rocf Shine es in both, a= Ch2 vall2? s War leaks occur. ressl _lac i n wale= rt:nninc dcw—.6 all 0- the inside pa:ti- tiars un de; the vane fs and ca'_1ac_:ac 'in la;ca azeuch e'ua=__ties in the basan=_nc such. that is recu_red . No heavy felt or wale= a ice barrio: material ctuld be found t«e val l e?s . nc_ c-rr acted c!esa i:a':s i:__- a-I :nc Carl '0=:,'-_a=s cm d2'%a:0101 --•------------------------+------------------------------------------ P; 3 - __:a 1ace & Chi==e;r Ccrs___tilt:: . The C,:i areay flashine has i:Crked loess f: t!:a b=; Ck,jOrX. T`a_s Reeds t: C& seal3C ar.d b1ccked back C_�: t1;r acaiast the chimney. Sc+:.a slate= is ccmaiac. dcwr. the brick c:k and has a=,6e:-Itssad' salts ac=css the face o; the ,;rap?ace . Jo:.-Its in the flue are rout: and badly soctad. Pg. 3 & 4 - Roof & Roo! St_uctu=e - As stated. the rocf- framinc and rocs sh'_sclinc are va=9 gcc;ly executed. The fall ow=na is a su=.rya:Y 046 the minor 97oblams : • � • Due to tae extensive leaks undar the valleys . the cmili. cs and soma inc_ricr oa=ticicrs have buckled and c:ac!:_d water s amino is also ev:danc around the some Of the electrical boxes . • Due LC the bcwinc . wata: no lancer a=tars the C'u::,2: a tme ands c! the L sect_:n. Here c. e'.2ttar has been s r*a-1c f=omz the facia and wat3= 45 ence=na behind the facia. • The enc:_a actic (appr_—x. 1900 sc ft1 is provided wl !us 3 23 ? ' 0x 1 ' 6" wecd louvres . There is axtensiva ru5.in of the r:Of s Incle nail t` 7s . T:la:a is also sere wa:s= d:scclaraz an on the O= the rocf deck a:-LaQuC due tO t!a number G: laa.ts alcnc the Valleys tze 4Xacc L'sC =C2 (s) Of mcist'ure a:=ear CO be inta:t ineC. — r -PHILBROOK ENGINEERING & ,or aeA04 S-Aa=-; .� CONSTRUCTIONOE�NMS MA MSZC t•rca•.:as•aeaz ENGNE RING OEZG14 • = MUCTIQN INSPISCMCNS • BUILDING• ALir-RATiCNS i RE4CVAi`CN3 MExic FOR R=COR.J: 15 Oczcbe= 1913 Sv.,bjact: Residenzial Buildi_c Zas:;ac=:c: - T Oc:cber 1953 f-_ the Ba_nszai:a_ Bu4 ld_zc Oe-azzmmanz. Barnstal:1 e . • Al zhoueh theca was little wind the day of the insaacc= oa the roof creaked w/ Sven braaze . e hater is leakiae is around the 2/12 pitch crickac in the roar. This is ccnventiana_17 rocfac and also does nc%: appear to have a water i ica bar=ior layer and%raaazh; t,-q shingles . Pc. 14/141 - Fu--=ace : There is head rust around the flue pine and *= Water sta:a:aa down the face of the blockvcrk. Th: w4 1? jecpardiza the intacri.t•/ cL the ciae . Sate smoke pu _inc around the couviincs occurs racLlarly. PT 15A - Main Girt: ?rasencly• the has some sans in excess of t a Code spaci.ied (S=14 . Casa i_) V S" . The aver-saaa has . c;eatad some da_iac_ica acvemenz in the k= cchen =roc- area . Pc. 16/16A - Ga_ace : There ar a *::c sa=a=aza zracla-s in this area : e A?thouch the Carace is _:iris._d in 5/8" G:•_ . a dhull-doer. Sta�r�a:r has been iasz3:jcd to the a=cic a cve. T _s unit is all a d f n o . oc �:a 3-c .,e =_ _ ates ti:aa2 ���= b3:=i r The a==ic is eoa�:az_� •T a. ..n fr- . cable (over: rza ca=ae= zc cahls (at zha co??aas nc and) . e The 3/3"x 10" sumccr z beam. szaaninc 21 'T. is c•ra--saar.nzc and very unders:zed. T`.e c=__ace c=i;inc bounces ac the pu11-dc::. szai.=a;. . ' cha :/v G73 is ve--i fr actuiec air- � bcu of over 2" has f• __d ? -; �:" _-:.;• the e:c s�....0 dead-load . Via ca_ace doers are a._s-a:=cned and cca_atz cccr_•r. Dams be_nc stzre= ahcv=. this szace a=3 inc:»sin•- c a of de=iacticn. A.?_AS R_aGTZ_YG NC ---------------------------------------------------------------- -- P-. 2 - Ba7 Window: The roc: has =e=_- r a-bu'_?t over this u^ic . Pc . 7 - Smoke De tac=n=s : A.l o f t ha acre zs a: acw Marc w1rac. Pc. 14/14A - Fu=naca : Al zhcuc:. t::_=a :s ac 5/3" G:•o .iir=_ =be_::�c over the furnace there_ is a hear. actiJazad water spr n2c?er head in-place . Pg. 14/1411% - Garage Floor: Althetic no,-. croca=ly pitched theta is a concrete curb around the oar_=zcer (cr aaced by the dree- Ped floor inside the foundation wallsi . Pc. 15 - Smoke Detector : One is i,szalled. Pc. 15 - Pressure Treated Treads : Shen originally izszal?ad , this s;.ace Was a sz:=ace spats and no: a ha:i:ab:e scat=_ . p . 16/16A - Cellar Stairs : These have been replaced W/ new ones . ARFAS THAT N_?D Fn- ,T:i_Z. CLAR-- -, ------ Pc. 15A - Firazzocs w:ss:nc undatarmined f •, m ��►�Is�ts�r:+►atir; fr'ii►'�3J►Otus�'rr!' ..'' p •, ' •'�` 0 moo �'y. "not".y ,' ` •OATt�...�i Y�i�Ly"..::.�• �.�.'1! �ti ptt11NIT a AiPd IOlf11T 11 1.��•1 iT"Y r♦ s 1 eM�-I::IMq VN�tt "+� ' •i.•,.•• ITYK,f/ latP�olrt»t 1 .M., ii :'.; '• �'_ I,' • t1e11110 _ •, AT.tLa�.><sleilf• � ' y - .. el3T!liCT •�����' .- ttt*cr�l�:...rw. ...�........•�.•.• w_�r... �:_AMil�r IYCif f/tliiTt qua ftatltt •.` `+ + • • • �-LOT•__ 1 :3I3x •�� �► 4 �.�ir�Y l r' .1 .f'IT•M • •'' • • lT• LOMA' • .• 1�.. '!'J�. t 1J�'NA ti •'d •'��:•i r 'w •� fa K�� � .• ISST -•• 1l7•.�...;�,' ���'4t/auk' 1 I.twtr'ty11•�It71IM IM�.CJ'�i7'I,t11C� rfv�/:• I r, • ♦,1.'.t•, • �._� • , �6' 2.+� { '. t.J, �'• �•. r, • 'C�4� �'s•} '� � � � .;••::' ,: � ••, . ,• -�..,� .eta F:�!••.'�•. .��;.�; • ;. .:`,.��=���*= '� 5"tma 1T 111Af,1.t pJJJ,8J1lfeAT�bIF'•• :. sI I�••� 'f�Q='7�Y' Y" .• : .,.• •{•'_' .. ,� -_ . . '��.','f••',•Ii'�„J',:.�!•,titr;�.�y;�.•.:..., 7•./1�i�U'.•.. •.�•�'�r.�: �,tt�IlA�f�• • �r��.�..��.��Sili'i�t1..�.��al�•��� - •4` '• �� QAt,� leb • .' '' ' '•. '''kith mA_ fr_. "'' •. •' ..� /(prt 1 t -.,, •� „���'• LiYfMAJ t►O CvaY .•I ILL S• .� . (iY/IC/i�11Mi•/,iiTl. - r ,. r '�•�JI.�f�"'r '�• ;r , •. I,t. . . •••�N :w. ••�95iP'r•�Z"•3S�3ji-+i�.te••1+ w V w 1j '• �.I •,�: . •1 it• �. 'i • ':• f• art• 'I� -'r.ir..�•1/•� -i�•r•i:jri����.i..�i••i r�• �.w r• -ram-ii �i• •l'vi/J•:wd. roc" TUC OCFAATt Exdr OI PSJAI.IC •afillf. V146 IifiJANt: OI ra+ta f•s>t+ufT 2093 NOT J191.4 S: TJJa •P►UMANT IROhI TNL CONCIJ 19 O/ ANY APPLJCAILZ SUSCIV1AION 462Tt1ICT10M6• I9JAIIItl:+! O!"eulAe f i ►O/OQVte f■S.JINa M1ICT f1C f�LtA1NC0 O�JOO ♦Nti TNIS ��A•H is 'aR it "a yi II1i�J1A%CR ►66 C:NfTAVCTICN WCAxI CAAG KZ;"PC3T`: VNIK.'tNALlNJPE:,)QN "AS PC" R..:e-R1G.L• PLt+wo�ha .t+o 1. IrOUHOATIONA OA •OOTlt.bt. )AACE, WIICRC A CIAT,IFICa i Y OF OCCUPANCY 13 111:• �►�n.�lcar, t1r�TaLSATtIJNs. S. Ir1110* to CZVCAIW4 8701UCtvnu6 4111R92,3UCII Ou11 21NO $MALLNOT SS CCCJ0191o' VM' IL we"88XIIACACT to S.ATMI. r1NAL INSPECTION MAS 29'9?d MACC. j• /INAL INYV%$?ION •4pOAe ac:usa>,ceY. _ POST THIS CARD SO IT IS VISIBLE FROM - TREIT ---- v=MNA J*496+;1"-UWXV= I�c�JRtItG ING4671W1 moftw u a t»:e-�G+�aaPrcTe.M,r.acv.I s 1 • 2 zw:A d jt ' Nfsfar: `_ GALS trlGwlS�tt.D Diaysuu+I • i= r �:� ` TO : Warren Rutherford, Town Manager. FROM : Susan Rohrbach, Councilor , Precinct 4s1�tt�_ DATE : July 29 , 1993 , SUBJECT : Liberty Square Plaza Some new information which I am forwarding to you has come to my, attention suggesting that there may be building code violations regarding fire walls and air recirculation Liberty Square PLaza. It has also come to my attention through another source that the respective fire chiefs also'had problems with fire wail construc- tion on the Barnstable Community Federal Credit Union and Sentry Bank buildings. Will the consultants be looking into this type of problem? I would very much like a response to this distress- ing information which, -if true, could potentially put the town in a position of liability. on It has also come to may attenthat Jimmyion that there Smithls a sen71ong n agliday ton the public record that states vacation' when he needed to ." As you may recall . ou with similar information quite some time ago and have - cated to you my concerns about Mr. Daluz's conflest regarding the Credit Union as well as allegedof unethical conduct. When a=e we going to deal wittsprlem directly? DU,� '6vi .-uG �iH.tit t sS/dam CTA<1 * C t ' 6,C �� a--` lip atl f The Town of Barnstable * BARNSTABLE, ) 9cbA MASS.; � Department of Health Safety and Environmental Services rFDMA'�A Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner November 10, 1999 Frank Shea, State Investigator Via FAX 617-727-1 944 Re: 38 Hawser Bend Road,Centerville (Map/parcel 192/093) Dear Mr. Shea: Our records indicate that the Town of Barnstable issued no plumbing or gas permits to the above referenced property in 1998 or to date in 1999. Sincerely, Edward L. Jenkins Plumbing Inspector /km ti The Town of Barnstable BMWSTABLE, Department of Health Safety and Environmental Services Building Division 367 Main Street,Hyannis MA 02601 Office: 508-862-4038 Ralph Crossen Fax: 508-790-6230 Building Commissioner PLEASE FORWARD THE ATTACHED PAGE(S) TO: TO: Frank Shea, State Investigator ATTN: FAX NO: 617-727-1944 FROM: Edward L. Jenkins, Plumbing Inspector DATE: 11/10/99 PAGE(S): 1 (EXCLUDING COVER SHEET) t T r � `F ' . .__. _ - - _� ..__�r j ___ __� __ � ..��_ _ __.__..__ _ _��_ __ I 1 :y � ...� a 1 .. �..w;. _ 1 � �, .` f November 4, 1998 Ralph Crossen Building Commissioner Town of Barnstable Main St. Hyannis, MA. 02601 Dear Mr. Crossen, On April 24, 1995, I sent you the enclosed letter.With the letter I also sent a copy of the unsigned 1988 building permit on our home that the building inspector, Richard Bearse, admitted in a Police investigation he never signed, the certificate of occupancy that was knowingly, illegally and fraudulently issued by the Town, the Philbrook report of 1993 on our home and the inspection report of the COMM Fire Department. As of this date, I have never received any type of response from you or your representatives. According to Town files (enclosed), you received all of this information on April 27, 1995. On the bottom of the April 24, 1995 document that you had in our file in your office, your notation on the bottom of the page indicates that on April 27, 1995, you knew the history of our home and that Richard Bearse was involved in it. In spite of your knowledge, you have remained silent on the illegal actions surrounding our home and those that were involved. Enclosed for your review, I have included a copy of the 1993 investigation by the Barnstable Police Department into some of the illegal issues surrounding our home. As you will notice on page 10 of the report, Mr. Bearse acknowledged, as did Mr. Daluz, that the fact that the building permit was not signed was perfectly all right. It would appear that the illegal failure by the Town to sign building permits but to issue illegal certificates of occupancy was a common practice on all new homes for many years. How many hundreds or thousands of homes are impacted by this illegal practice? How many unsuspecting homeowners will be angry to learn that their homes are illegal and worthless? As we both know, it is illegal, according to state laws and regulations, to fail to sign all areas of the building permit. As we both know, according to state laws and regulations, it is also illegal to issue a certificate of occupancy for homes when either the building permit was not signed and/or the home has known building code violations. As we also both know, it is bank fraud, at the state and federal level, for a town to have knowingly issued a certificate of occupancy when the building permit was never signed and/or the home was known to have building code violations. In further statements on page 11 by Mr. Bearse, he acknowledged that even though there were major illegal construction problems with the house, he still issued a certificate of occupancy. Since, at least, 1988, the town has been aware that our home, and hundreds or thousands of others like it were known to have been given fraudulent certificates of occupancy. Former Barnstable Town Councilor Susan Rohrbach told me that she had been told that when Mr. DaLuz retired, many official public town records within the building department were destroyed. Any normal individual would surmise that the documents that were destroyed would have provided more documented evidence of building department and town corruption. As you might be aware from the ongoing and continuing media coverage of our situation, with no assistance from the Town, we, at great expense, took the builders to court and won a jury judgement. While the judgement amount is far less than the amount required to correct the illegal construction the Town knowingly allowed, we have yet to see a penny of it. The builders have filed bankruptcy to avoid paying the judgement based upon their illegal building that the Town knowingly allowed. After an inspection of our files in your department by media representatives, local citizens and ourselves, it was discovered that somebody allowed the original building permit, remember it was acknowledged as being unsigned in 1988 and 1993, to be altered and forged so that the signature of Mr. Bearse now appears on it. No date was ever issued as to when the signature was added. Perhaps the altered forged document was created from the copy that I sent to you on April 24, 1995. This is the copy that I had received in 1993 from the Barnstable Police department investigation. You should remember that it must be a copy of the building permit from the police department because the Police had removed the file on our home from the building department in 1993 so that nobody within the town hall could tamper with evidence of illegal acts. The building permit is an official public document and the altering of it is illegal. The fact that the document appears to have been faxed to your office would also seem to make this illegal effort wire fraud and obstruction of justice. The fact that the Town has, and continues to, demand and collect taxes on our home, and hundreds or thousands of others like it, that they know are illegal and were fraudulently approved would seem to raise very critical legal, bank/consumer and mail fraud and possibly extortion charges against the town. Remember, the Town has known of the illegal practices of the building department for years but decided to look the other way. In a phone conversation that you had, in 1996, with a reporter from a local television channel who called you from our home and informed you he was doing a story on our home, you openly stated that the town was aware of corruption within the building department for twenty years but had looked the other way and covered it up. In that same time period, another television reporter went to your office to see you about our story. You weren't there so he left a message for you that you never returned. Also, the Town has known, since our home was built, that the home has no value. In spite of this knowledge, as I have previously stated, they continue to demand and collect the taxes on a worthless and illegal piece of property, which, along with the forging/destruction of public documents and the obstruction of justice, allows the statute of limitations to continue in any legal process against the Town. The other issue that is just as disturbing is the many lies the town has told to government agencies and us while we have been investigating this matter. As you can see by the enclosed documents, on December 16, 1993, I requested information under the Freedom of Information. On December 8, 1994, I issued another Freedom of Information request for specific documents that were mentioned in the July 28, 1993 Susan Rohrbach Town Council memo to Warren Rutherford and the November 1, 1993 memo to Joseph DaLuz from Warren Rutherford. The January 4, 1995 response from Mr. Rutherford to me and his January 10, 1995 response to the Secretary of State clearly state that there were no documents in response to my requests. The January 10, 1995 Rutherford response even mentions that you were involved in the research to find these requested documents. Imagine our surprise to find the November 10, 1993 and December 27, 1993 responses Mr. DaLuz made to Mr. Rutherford's November 1, 1993 memo. Imagine our surprise that it was in the file that your department has on our home in your office. Imagine our surprise, and that of many government officials and agencies and the media, when we learned that Mr. Rutherford and you lied about the existence of these legally requested documents and withheld them from an official and legal request for evidence of possible criminal activity by the town and it's employees. Even the Town Attorney, Mr. Smith, was aware of the facts about issues of the illegal actions surrounding our home because he was sent a copy of the December 20, 1993 letter. At this point in time, some 5 years since the Philbrook inspection that your predecessor paid for and 42 months since you were made aware of the illegal construction, we feel that an updated inspection is required to show the deterioration that you and the Own have allowed to take place within our home. We also feel that an outside structural engineer is needed to perform the inspection. How will you and the Town be paying for this inspection? The cost is $500.00.When the inspection notes that the home is in violation of building codes and presents a health/safety danger for my family, where will you and the Town pay for my family to live? We will require not only housing comparable or better to that which we have but it must also be completely handicapped accessible for our Son. Should you and the Town decide to condemn our home, some ten years since you all knew it was illegally built, and refuse to pay for our relocation and new housing, are you and the Town prepared for the outcries from the citizens and in the media about the injustice the Town has made us suffer due to the known illegal actions of the Town's employees? If the town, or any other governing agency, were to take any actions to condemn or remove us from our home at this point, it would be openly seen and understood, by all citizens and the media, as an open form of harassment, retribution and punishment by the town against us because we have been outspoken whistleblowers of known corruption within the town. Are you and other members of the town who have known or participated in these illegal practices ready to be arrested and/or ostracized in the media for the crimes you have allowed or participated in? I thank you for your, anticipated, rapid response and resolution to having our home re-inspected at your and the Town's expense. Should you have any questions or require further information, feel free to contact me. Should you desire to visit our home, please contact me so that we can arrange a convenient date and time to meet. Yours Truly, Ken Moulton 38 Hawser Bend Centerville, Ma. 02632 617-573-1115 between 7 am and 2:30 pm j APRIL 24, 1995. BUILDING INSPECTOR COMMISSIONER TOWN OF BARNSTABLE TOWN HALL HYANNIS, MA 02601 DEAR SIR; SEVERAL MONTHS BEFORE YOUR PREDECESSOR , JOSEPH DALUZ, RETIRED, WE ATTEMPTED TO HAVE HIM, WITH NO SUCCESS, VISIT OUR HOME TO VIEW THE ILLEGAL AND POOR QUALITY OF CONSTRUCTION OF OUR HOME.THE LEGALLY REQUIRED BUILDING PERMIT SHOWS THE THE HOME WAS NEVER INSPECTED, AS LEGALLY REQUIRED, AT ANY TIME THROUGHOUT THE CONSTRUCTION PROCESS.IT SEEMS RATHER ODD THOUGH THAT THE BUILDING INSPECTOR DID ISSUE A CERTIFICATE OF OCCUPANCY FOR THE HOME, EVEN AFTER ADMITTING UNDER POLICE QUESTIONING THAT HE REMEMBERS THE HOUSE WAS BUILT WRONG.MR DALUZ DID HAVE AN INDEPENDENT ENGINEER STUDY THE HOME WITH THE ATTACHED REPORT A SUMMARY OF THE FINDINGS.MR DALUZ ALSO .CAUSED THE VILLAGE FIRE DEPARTMENT TO VIEW OUR HOME WITH THEIR SUMMARY IN THE ATTACHED REPORT. AS OF THIS DATE, WE STILL ARE WAITING TO SEE WHAT ACTION THE TOWN INTENDS TO TAKE TO CORRECT ALL THIS ILLEGAL ACTIVITY THAT HAS RENDERED OUR HOME TO BE OF NO MONETARY VALUE.WE WOULD APPRECIATE YOUR VISITING OUR HOME AS SOON AS POSSIBLE TO VIEW THESE MANY SERIOUS PROBLEMS.SHOULD YOU HAVE ANY QUESTIONS, FEEL FREE TO CONTACT ME. YOURS TRULY, N MOULTON 38 HAWSER BEND CENTERVILLE, MA 02632 508-771-6362 APRIL 24, 1995 BUILDING INSPECTOR COMMISSIONER APR 2 7 1995 TOWN OF BARNSTABLE TOWN HALL HYANNIS, MA 02601 DEAR SIR; SEVERAL MONTHS BEFORE YOUR PREDECESSOR , JOSEPH DALUZ, RETIRED, WE ATTEMPTED TO HAVE HIM, WITH NO SUCCESS, VISIT OUR HOME TO VIEW THE ILLEGAL AND POOR QUALITY OF CONSTRUCTION OF OUR HOME .THE LEGALLY REQUIRED BUILDING PERMIT SHOWS THE THE HOME WAS NEVER INSPECTED, AS LEGALLY REQUIRED, AT ANY TIME THROUGHOUT THE CONSTRUCTION PROCESS . IT SEEMS RATHER ODD THOUGH THAT THE BUILDING INSPECTOR DID ISSUE A CERTIFICATE OF OCCUPANCY FOR THE HOME, EVEN AFTER ADMITTING UNDER POLICE QUESTIONING THAT HE REMEMBERS THE HOUSE WAS BUILT WRONG.MR DALUZ DID HAVE AN INDEPENDENT ENGINEER STUDY THE HOME WITH THE ATTACHED REPORT A SUMMARY OF THE FINDINGS .MR DALUZ ALSO CAUSED THE VILLAGE FIRE DEPARTMENT TO VIEW OUR HOME WITH THEIR SUMMARY IN THE ATTACHED REPORT. AS OF THIS DATE, WE STILL ARE WAITING TO SEE WHAT ACTION THE TOWN INTENDS TO TAKE TO CORRECT ALL THIS ILLEGAL ACTIVITY THAT HAS RENDERED OUR HOME TO BE OF NO MONETARY VALUE .WE WOULD APPRECIATE YOUR VISITING OUR HOME AS SOON AS POSSIBLE TO VIEW THESE MANY SERIOUS PROBLEMS . SHOULD YOU HAVE ANY QUESTIONS, FEEL FREE TO CONTACT ME . iN S TRULY, 6 l I ' MOULTON 38 HAWSER BEND i`C.1� CENTERVILLE, MA 02632 J ')I 508-771-6362 QS 1G� f Zown of CO arrislab`e golice c2epartment P. 0. 90X a Tauspowma, 7754387 1200 PHINNEY'S LANE FAX: 790-0062 NEiL A- NIGHTINGALE FAX. MA 02601 ANaw e009 Ion cz~Iar o► roues June 14 , 1993 'Request by Assistant Town Manager Leon SUBJECT: Regarding Churchill for Investigation Reg Allegations Against Town of Barnstable Assistant Building Inspector Richard Bearse TO: Neil A. Nightingale, Chief of Police FROM: Edward C. Smith, Detective-Sergeant on January 14, 1993, in compliance with You instructions, I opened an investigation based upon a letter sent to Mr. Warren J. Rutherford, Town Manager Peter Kenney, containing the following: Peter A. jCgXM r s letter to the Town 1. Manager, dated January 31 1993. 2. Two ( ) pages (undated) regarding "Story of 2 Inspector, a an Expansion house, a Building InsP lawyer and money. 3. A two (2) page letter, dated December 22, 1992, from Mr. Ken MOULTON to Mr. Peter Mgy, WXTK Radio Station. es on SEX Eight (8) pages stationary regarding 4. on, etc. Kr. Ken KOULTOIN home inspects Y This report is limited to the allegations of criminal conduct made by Mrs. Kenneth MOULTON against Assistant Building Inspector Richard BEARSE on or about September 1, 1992. For the purpose of this report, the letter written to Mr. Peter Kenney has been broken down into six (6) different areas and an explanation ation of each area as follows along with the investigation: 1. Builders of the home. 2. Private home inspection. 3. Allegations that the Assistant Building Inspector for the Town of Barnstable asked for a "contribution". 4. Illegal issuance of building permit in the Steer of 1992. 5. Two (2) local attorneys working on the case. 6. Alleged payoffs within the Town of Barnstable Building. Department. PAGE 2 ALLEGATION• 1. BU=ERS OF THE HOME. EXPLANATION- The builders of the home were Stephen HALE and Peter CATTANEO. Both of these individuals had a company and are no longer in the building business. They obtained the proper building permits to build this house starting in 1986 and was purchased by Mr. MOULTON in 1988. This Officer had conversation with Mr. Peter CATTANEO of Quincy, MA, who stated that he was in the building business and he sub-contracted a lot of the building out. Mr. CATTANEO stated that he had no idea who the- sub- contractors were and he does not have records nor does his partner, to indicate who the sub-contractors were. INVESTIGATION' This is a civil matter and fur',.her investigation was not conducted. PAGE 3 Y ALZ,EGATION: 2. PRIVATE HOME INSPECTION. EXPLANATION: The private home inspection was done in 1988 by Dennis SMITH and the name of the company was "The Home Inspector". This Officer spoke with Mr. SMITH who stated that he no longer works for the company. . He stated that he does not keep records of the inspections that he did do, and he does not remember doing this particular inspection. This Officer checked with the Randolph Police Department regarding "The Home Inspector" who since has gone out of business. This business used to be located at 301 North Main Street, Randolph, MA. They advised that they had no information on this company. INVESTIGATION• Mr. Kenneth MOULTON also could not locate any of these inspection reports completed on his property at 38 Hawser Bend Road, Centerville, MA. Mr. MOULTON also advised this Officer that he was satisfied by the original inspection that revealed only a few minor problems. PAGE 4 r ALLEGATION' 3. ASSISTANT BUILDING INSPECTOR FOR THE TOWN OF BARNSTABLE ASKING FOR A CONTRIBUTION. EXPLANATION• The letter alleges an Assistant Building Inspector for the Town of Barnstable was at the home of Kenneth MOULTON with the intent of doing a building inspection and during the course of the inspection, he told Mrs. MOULTON that he was asking for contributions for his and his wife's vacation. Mrs. MOULTON advises that she in fact did hear this and nothing else was said after that. She stated that the inspector, whom she knows as Mr. BEARSE, then left the house and did not sign the permit or the inspection notice. INVESTIGATION' On January 18 , 1993 , at approximately 1600 hours, Mr. and Mrs. Kenneth MOULTON, 38 Hawser Bend Road, Centerville, MA were requested into the police facility regarding the letter that they wrote on December 22, 1992 to Mr. Peter KENNEY of WXTX Radio Station. This Officer reviewed the letter, sentence by sentence, with both Mr. and Mrs. MOULTON. After an understanding of what they meant in the letter, this Officer then concentrated on the allegation of a contribution being solicited. This Officer then went through their statement three (3) times with them and Mrs. MOULTON stated that she was positive that he asked for a contribution for his and his wife's vacation that they were taking the following week. When Mrs. MOULTON was asked if anyone else heard this statement, she replied no. She stated that her mother-in-law was in the house and a builder named Douglas WILLIAMS was in the cellar. PAGE 5 r This Officer then asked Mrs. MOULTON what she thought the inspector meant by this statement and if she thought he was sincere. She stated that there was no question in her mind that he was lookingfor money and when he did not Y get _ the money he just walked out the door. Mrs. MOULTON was asked when this took place and she stated that it was around September 1st or 2nd, 1992. This Officer advised Mrs. MOULTON that these were very serious allegations being made against the Assistant Building Inspector. Both Mr. and Mrs. MOULTON were advised that an investigation would be conducted and we would have to interview the Assistant Building Inspector regarding this matter. Both Mr. and Mrs. MOULTON stated they understood this. This Officer then asked Mrs. MOULTON the following questions: Q. Do you know the name of the Assistant Building Inspector who made this comment? A. "Yes. It was Richard BEARSE. We have dealt with him before and we know him by that name. " Q. Do you understand that this allegation may have .to be repeated by you in a court of law or before a hearing? A. "Yes, I do." Q. I want to make it perfectly clear that I will question Mr. BEARSE and get his side of this allegation. Do you understand? A. "Yes, we understand fully. " Q. In reviewing this letter, it appears that a lot of the allegations are civil in nature and you will more likely need an attorney to represent you. Do you understand that the Police Department does not get involved in civil cases, however, we will do reports on information that can be documented. A. "Yes, I understand fully. " End of interview. PAGE 6 On January 22, 1993 , this Officer requested Mr. Richard BEARSE, Assistant Building Inspector for the Town of Barnstable, into the police facility to discuss the allegations made against him. Also present was Detective Paul Everson. Mr. BEARSE was advised of all his constitutional rights and he also signed a Waiver of Rights Form stating that he understood all his rights and would be willing to make a statement. This Officer advised Mr. BEARSE of the investigation that was taking place and the allegations being made by Mrs. Kenneth MOULTON, 38 Hawser Bend Road, Centerville, MA. Mr. BEARSE was made aware of the allegations and statements that he made on or about September 1st, 1992 that he reportedly stated to Mrs. MOULTON that he and his wife were going on vacation and he was taking contributions . 'Also, Mrs. MOULTON stated that he did not sign the proper inspection and he walked out of the house without saying a word. This Officer then asked Mr. BEARSE a series of questions as follow: Q. Do you remember being at the MOULTON home on or about September 1, 1992? A. "No, not really. Not until I look at my log book. " Q. Do you remember saying anything like what I have informed you about, asking for a contribution? A. "Absolutely not. I have never done anything like that. I wouldn't and I don't like it." K End of interview. PAGE 7 r A request was made through the Building Inspector, Mr. Joseph DALUZ, for a list of the vacations taken by Assistant Building Inspector Richard BEARSE for the year 1992. This list was received and it revealed that Mr. BEARSE took vacation a day at a time as follows: June 15th, June 22nd, July 6th, July 20th, July 27th, August 3rd, August 17th, August 31st, September 21st, September 22nd, September 28th, December 3rd and December 4th. on Thursday, January 28, 1993 , I again requested Mrs. Kenneth MOULTON into the Barnstable Police Facility to go over her allegations of Attempted Extortion by the Assistant Building Inspector, Richard BEARSE. I again asked Mrs. Kenneth MOULTON to repeat what she heard Mr. BEARSE say at her home. She went on to state that he told her that he and his wife were going on vacation and he was accepting contributions. I then informed Mrs. MOULTON that I wanted her to be very serious on her thinking of what he meant. She said, "He wanted money. I didn't give it, so he left without signing the permit. " I then advised Mrs. MOULTON that we had no other witnesses to this alleged incident which she stated she understood. I asked her if she wished to proceed on this investigation because what she had repeated to me is a crime. Mrs. MOULTON stated that she realizes this and wished to go forward. She then stated from what she understands, that he (Mr. BEARSE) should go to court for what he said to her. I then advised Mrs. MOULTON that we (police department) would assist her in applying for a hearing before First District Court before a complaint is taken. I explained to her what this meant, that she would have to repeat these allegations before a Clerk Magistrate and he would decide if there was enough evidence to go forward to the next step. Mrs. MOULTON stated that she understood this and would be willing to do this. On Friday, January 29, 1993 , a hearing motion was applied for in Barnstable First District Court with the crime of Attempted Extortion. This was signed by Mrs. Kenneth MOULTON with a hearing date set for Thursday, February 25 , 1993 . PAGE 8 r r On March 11, 1993 , a hearing was held before Magistrate Charles P. ANDRADE at Barnstable First District Court. Present at this hearing were Virginia MOULTON, Kenneth MOULTON, Richard BEARSE and his attorney, Bruce GILMORE along with this officer. The hearing has been taken under advisement by Clerk Magistrate ANDRADE at this time, stating he will release his findings in three (3) to four (4) days. When Mrs. MOULTON gave her testimony before the Magistrate, she sated that this conversation took place outside of the house where Mr. HEARSE was requesting a contribution for he and his wife's vacation. Mrs. MOULTON had previously stated to me that this conversation took place inside the house. She also stated that this was said twice by Mr. BEARSE. When first questioned on January 18 , 1993 , Mrs. MOULTON told me that it was said once and he walked out the door without turning back. On May 17, 1993 , this Officer received -information from Detective John Drohan, Barnstable Police Department Court Prosecutor. He advised me that the complaint against the Assistant Building Inspector, Mr. Richard BEARSE, was denied by the Clerk of Courts. A 10-day appeal period has gone by. I have spoken with all the parties involved and Mr. MOULTON advised me that he and his wife would not pursue the appeal process. PAGE 9 Y ALLEGATION: 4. IT.T. ISSUANCE OF BUILDING PERMIT IN THE SUMMM OF 1992. EXPLANATION: Investigation revealed that the issuance of the permit in 1992 was in order. Mr. MOULTON is referring to the home occupancy permit in 1988. INVESTIGATION• Further investigation revealed that the building permit for 1992 was in order; Permit 135139 , Applicant: Ken MOULTON, dated June 17, 1992. When this was brought to the attention of Mr. MOULTON, he said what he really meant was the occupancy permit of July 1, 1988, Permit 130440. When Mr. MOULTON was asked what he meant by this, he stated that the weather card or the card that-was supposed to be on the building had not been signed by any building inspector. In checking with the Building Inspector Department and also obtaining a copy of the card, it can be seen that the building permit card is indeed not filled out by an inspector of the building department. When Mr. DALUZ of the Building Department was asked about this, he stated that it was permissible for the inspectors to keep their own private log book and information was kept in the log book. When Mr. BEARSE was questioned about this, he informed this Officer that he had some reports and they were kept in his own personal log book which was approved by the Building Inspector, Joe DALUZ, and they were at his home. I then asked Mr. BEARSE if any reports are kept on file at Town Hall to show the inspections were completed and he stated no, that they were only in his personal log book. Mr. BEARSE then informed me that if he could find them he would bring them in for me to look at. I then asked Mr. BEARSE if these were official records of the Town of Barnstable Building Inspectors Office and he informed me that he didn't think so. PAGE 10 He stated that the record system is pretty poor, that they keep their own records and they don't have to do reports. On January 25, 1993 , Mr. Richard HEARSE brought in his personal log books for this Officer to look at and copy, if needed. He stated that I could keep them for as long as I needed to. While looking through the log books, it was noted that the entry made on February 9, 1987 at 0845 hours (see copy) , this entry indicates "Cattaneo, Lot 32, Hawser Bend Road, Found." Mr. BEARSE stated that this was a foundation check. I asked him if it came up to code and passed as satisfactory and he stated to me, "I guess so". It was also noted on the entry made on April 9, 1987 at 080o hours (see copy) , this entry indicates "Cattaneo, Hawser Bend Road, Frame, Rafters-, Ceiljoist, Hqrs Hdrs, Cut Joist, Siding Nailing. Spoke with Building Owner. I asked Mr. BEARSE what was meant by this with all the items indicated and he stated that he didn't know, that something must have been wrong. I asked him if these things were wrong, what he did about it and if he ever went back to inspect it again. He stated again that he did not know. I asked Mr. BEARSE if there were any other records to indicate what he did on this individual lot and he stated, "No, I do not think so. " I asked Mr. BEARSE if he remembered who he spoke with and he stated that he had no idea. Also, noted on the entry made on December 23 , 1988 at 1215 hours (see copy) , this entry indicates Cattaneo, Lot 32 , Howser Bend, Occper. PM. I asked Mr. BEARSE why this entry was made and he stated it was for an occupancy permit. I asked him what he did for this final inspection and he informed me that it was a walk through to see if things were in order. He stated that things must have been in order because he signed the permit. I asked Mr. BEARSE if he did anything about the entry made on April 9, 1987, that he stated was unsatisfactory, and he stated that he did not know. With all the information received from the Building Inspectors Office and also speaking with the Building Inspector Joseph DALUZ and the Assistant Building Inspector Richard BEARSE and reviewing the log books, it appears that there is a serious deficiency with record keeping in this office. PAGE 11 ti 1. Proper reports are not made out as we can see from the documentation. It appears that permits are signed from memory or from log books that have been approved by the Building Inspector Joseph DALUZ. The Assistant Building Inspector, who did the inspection on this certain home, can not remember himself what he has inspected or what he meant with the items that were written down in his log book. 2. It appears that the log books are not official documentation but the property of the individual inspector. I asked Mr. BEARSE what would happen if these log books were lost and could not be found. He indicated that there would probably be no record of any inspection. 3 . As we can see by the little documentation that we have and in interviews with the Assistant Building Inspector, Richard BEARSE, it is very difficult to do a report that would indicate where the problem lies with this particular piece of property. Basically, what was learned is that there are no official reports or back up data on inspections. All information is relied on memory or log books with unknown meanings. On January 18 , 1993 , when Mr. and Mrs. Kenneth MOULTON were at the police facility reviewing the letter that they wrote to the radio station, a conversation started about the sentence in the letter indicating that they were referring to a private home inspection done by Dennis SMITH of the Home Inspector. Mr. MOULTON stated that he was referring to this but he was also referring to the Building Inspector's office of the Town of Barnstable. He stated that they should have found the major defects found by Douglas WILLIAMS when he did the home inspection service in 1992 . As the investigation progressed regarding Mr. and Mrs. MOULTON's complaint, this Officer noted that they paid for a private home inspection that was done on July 5, 1988 (check payable to The Home Inspector) . However, there are no reports available for review. This business has gone bankrupt. The individual that conducted the inspection does not keep records nor does he remember doing the home inspection. It should be noted that the inspection, according to Mr. MOULTON was complete and he was satisfied. However, there were a few minor problems and were reportedly to have been corrected when the home was purchased. PAGE 12 A period of time has gone by and Mr. and Mrs. MOULTON were having work done on their house by a builder named Douglas WILLIAMS of Marstons Mills. Sometime during the building process, Mr. WILLIAMS mentioned that he had a home inspection service. Mr. and Mrs. MOULTON then had this service inspect their home. This is when the major defects were reported to have been found .in the home. (See report of the Southeastern Mass Home Inspection dated July 31, 1992. ) A copy of the job card, or weather card, and other data relating to the home being built in 1986 was requested from the Town Hall. When the information was sent to the police facility, it can be observed that the card itself has not been filled in for approvals by the Building Inspector's Office. However, a certificate was issued for the occupancy of the home, Permit 130440, signed by Richard BEARSE, Deputy Inspector for the Town of Barnstable. On January 22, 1993, Mr. Richard BEARSE was asked about this particular incident on this home. He could not give an answer but said he would check his log book for 1987 and 1988 to see what approvals were given. On January 22, 1993 , Mr. BEARSE brought his log book into the police facility for this Officer to view. (See copy of the log book dated February 9, 1987 and April 9, 1987. ) Mr. BEARSE stated that his notes indicate that some type of problem with the rafters, ceiling headers, cut joists and siding nails. I asked him what type of problem and he stated that he did not know. I then asked him if he went back to see if the corrections were made and he stated that he did not remember. I then asked Mr. BEARSE how he could have issued an occupancy permit if reports had not been filled in on the job card and he -indicated that this was done from his log book. I then again had conversation with Mr. and Mrs. Kenneth MOULTON in reference to the two (2) different inspections and to see if they would allow a third (3rd) inspector, impartially, to inspect their home. Mr. MOULTON agreed that he would do this and he said that if any defects were found being major that the Building Inspector should have found before in 1986 or 1987 that he wanted the Town Manager or the Town Council to pay for the work. PAGE 13 Mr. MOULTON stated he wanted to feel comfortable and safe in his home and satisfied with any major work that may have to be done. He further stated that if the Town Building Inspector had done his job in the beginning his private home inspector, Douglas WILLIAMS, would have not come up with all these major defects at a later date. On May 17, 1993, this Officer contacted William A. ARCHIBALD, State Building Inspector, Divisions of Inspection, 1-508-821-9375. I informed him of the outcome of the criminal complaint being denied. He informed me that he is very much aware of the problems in the Building Inspector's Office and he will be down to go through the MOULTON home. He could not give me a time or date when that would take place. He did state that he would make arrangements with the MOULTONS so they could be there and also would notify this Officer. PAGE. 14 APRIL 24, 1995 BUILDING INSPECTOR COMMISSIONER r: APR 2 7 1995 TOWN OF BARNSTABLE TOWN HALL HYANNIS, MA 02601 DEAR SIR; SEVERAL MONTHS BEFORE YOUR PREDECESSOR , JOSEPH DALUZ, RETIRED, WE ATTEMPTED TO HAVE HIM, WITH NO SUCCESS, VISIT OUR HOME TO VIEW THE ILLEGAL AND POOR QUALITY OF CONSTRUCTION OF OUR HOME.THE LEGALLY REQUIRED BUILDING PERMIT SHOWS THE THE HOME WAS NEVER INSPECTED, AS LEGALLY REQUIRED, AT ANY TIME THROUGHOUT THE CONSTRUCTION PROCESS . IT SEEMS RATHER ODD THOUGH THAT THE BU.IILDING INSPECTOR DID ISSUE A CERTIFICATE OF OCCUPANCY FOR THE HOME, EVEN AFTER ADMITTING UNDER POLICE QUESTIONING THAT HE REMEMBERS THE HOUSE WAS BUILT WRONG.MR DALUZ DID HAVE AN INDEPENDENT ENGINEER STUDY THE HOME WITH THE ATTACHED REPORT A SUMMARY OF THE FINDINGS .MR DALUZ ALSO CAUSED THE VILLAGE FIRE DEPARTMENT TO VIEW OUR HOME WITH THEIR SUMMARY IN THE ATTACHED REPORT. AS OF THIS DATE, WE STILL ARE WAITING TO SEE WHAT ACTION THE TOWN INTENDS TO TAKE TO CORRECT ALL THIS ILLEGAL ACTIVITY THAT HAS RENDERED OUR HOME TO BE OF NO MONETARY VALUE .WE WOULD APPRECIATE YOUR VISITING OUR HOME AS SOON AS POSSIBLE TO VIEW THESE MANY SERIOUS PROBLEMS . SHOULD YOU HAVE ANY QUESTIONS, FEEL FREE TO CONTACT ME . YOU S TRULY, G'l N MOULTON 38 HAWSER BEND ,C C �1 CENTERVILLE, MA 02632 _ J �I U 508-771-6362 QS r v ALLEGATION: 6. PAYOFFS WITHIN THE TOWN OF BARNSTABLE BUILDING DEPART74ENT. EXPLANATION• This Officer spoke with Mr. MOULTON regarding this allegation. Mr. MOULTON stated that this was strictly a rumor that he had heard while at the Elks, Knights of Columbus or when he works at Bingo. He has absolutely nothing to substantiate these allegations. INVESTIGATION: No investigation conducted on this allegation. On July 1, 1993 I again had conversation with Mr. William ARCHIBALD, the State Building Inspector. He informed me that he realizes he has to inspect this home and is attempting to finalize all details. Respectfully submitted, Edward C. ith Detective-Sergeant PAGE 16 ALLEGATION: 5. TWO (2) LOCAL ATTORNEYS WORKING ON THIS CASE. E.'�Z.ANATION This officer spoke with Mr. MOULTON regarding this and he does not wish to name the attorneys who are working on the case. As a result, any conversation would be unattainable. IMSTIGATION No investigation conducted on this allegation. PAGE 15 r Zownor COarnslatle J golice 2epariment .70 ` ast► P. O. BOX H � NEIL A. NIGHTINGALE 1200 PHINNEY'S LANE TELEPHONE: 773-0387 CH FAX: 790-0062IEF OF POLICE HYANNIS. MA 02601 AREA GOOE 308 November 22, 1996 Mr. Kenneth Moulton 38 Hawser Bend Centerville, MA 02632 Dear Mr. Moulton: Enclosed please find a copy of the information that you requested in your letter of November 21, 1996 . Very truly yours, Neil A. Ni tin a e Chief of Police NAN/nka STORY OF AN EXPENSIVE HOUSE, A BUILDING INSPECTOR, A LAWYER AND MONEY: There is a civil lawsuit moldering in the files at the Barnstable Superior Court House which tells a tale of greed, incompetence, conflict of interest and arrogance. The title of this lawsuit is "Thomas Vanderslice v. Mike Ryan et Al . " . If the Town of Barnstable were to obtain a copy of said lawsuit, it might be possible to make good an effort to relieve the Town of certain recurring problems. Here is the writer' s version of the story told in "Vanderslice v Ryan" : Thomas Venderslice owned a home elsewhere in the Town of Barnstable. He was a man of wealth and power. In fact, he had been identified in the national press as among the meanest and most overpaid corporate bosses in America. One of the companies he headed was acquired in a takeover and he was fired. But, his golden parachute provided him with $14, 000, 000. Now was his chance to fulfill a long held ambition: to buy a house in Oyster Harbors on the golf course. He was already a member of that democratic institution known as the Oyster Harbors Club and he had long fancied living behind the safety of its bridge and gate. Perhaps one must employ Jews and blacks, and other inferiors, but living among them as equals just isn' t done. Vanderslice saw a new house under construction in Oyster Harbors. It was a presumptuous enough place and suited his fancy. The builder was a certain Mike Ryan of Osterville; a-ga ing contractor who built an occasional expensive house for speculation. Ryan had no special skills as a builder, but he had the gift of gab and had learned his business art from James K. Smith (AKA Barnstable Community Federal Credit Union) . Vanderslice and Ryan negotiated the price of the house, which was 85% complete. Vanderslice hired an expert to inspect the house for quality and code-compliance. The report was satisfactory and the two entered into an agreement. Prior to closing Vanderslice had his expert inspect again and his satisfactory report triggered the payment of well over $1 , 000, 000 to Ryan. Part of the deal was a written warranty and some extra work. Ryan was to deliver the extra work at a certain date after the closing, whereupon he would be paid the sum of $85, 000 . At Ryan' s signal, Vanderslice had his expert inspect a third time. This third inspection also was satisfactory and Ryan was paid the $85, 000 . Several months later Ryan was sued by Vanderslice for $300, 000 to correct defects which had appeared in the house. There is no evidence that Vanderslice complied with the notification provisions of his own warrantee. An attachment was placed on all of Ryan' s real estate. Vanderslice hired a local builder, his old friend and former neighbor, Charlie Rogers, to help him sort out the leaks and sags in his new palazzo. Rogers owns the firm of Rogers and Marney, known for high quality work and highway robbers ' prices. This writer suspects that Rogers was miffed that Vanderslice had not purchased a lot upon which Rogers and Marney could have built a house for Tom Vanderslice. VANDERSLICE v RYAN PAGE 2 Now starts the fun. This writer knows Ryan fairly well ; his methods and his shortcomings. Building construction and honesty are principal among the latter. However, he was badly treated in this matter. This writer has read over forty pages of a daily work - log kept by the job foreman on the Vanderslice repairs, employed by Rogers and Marney; as well as all the documents filed in the original lawsuit . What emerges is a pattern of irrefutable fact. The inspections by the Town of Barnstable Building Department were shoddy and lax. Serious and life - threatening defects existed in the Vanderslice house. They were often typical of those found in other houses this writer has seen and they were easily detectable by a competent inspector. Vanderslice had Rogers do substantial work which was only to accommodate his taste and his considerable physical height . He tried to represent this work as being required to correct defects in the work done by Ryan. In this he had the assistance both of Rogers and his attorney. Approximately half of the work done was due to Ryan and that was overpriced in expectation of a judgment against Ryan. Bruce Gilmore was the attorney for Vanderslice. He also represents Joe Daluze. Charlie Rogers was the "expert inspector" who three times told Vanderslice that the house was well and properly built . Before the case went to trial Vanderslice agreed to a settlement; Ryan paid him $30, 000 . Vanderslice accepted 10% of his claim. This case reeks of the conflict and lawlessness afflicting the Town of Barnstable. In addition to his role in this case, �h,arles,;_Rpgersxi also the_ head . of the Building Code Commission for the Town-off Barnstablet Gilmore is a member of the School Committee; provides counsel to the Airport Commission; represents Joe Daluze and other Town employees and officials; and he has recently represented Town counselor Leonurd Gobeil . Further information on this case can be obtained from the Barnstable Superior Court . Other cases available from this writer . WARREN RUTHERFORD TOWN MANAGER TOWN HALL DEAR MR RUTHERFORDi UNDER THE FREEDOM OF INFORMATION ACT, I REQUEST ANY AND ALL INFORMATION THAT MIGHT PERTAIN TO REPORTS, INQUIRIES, HEARINGS, INVESTIGATIONS, COMPLAINTS, ACCUSATIONS OR ANY REQUEST WITHIN THIS BUILDING DEPARTMENT EITHER BROUGHT BY MYSELF, MY WIFE OR ANY OTHER PERSONS (LIVING OR DEAD) IN RELATIUN TO THESE GENTLEMENS DUTIES As REGARDING THEIR EMPLOYMENT WITH THE TOWN OF BARNSTABLE. THANK YOU FOR YOUR ANTICIPATED CO-OPERATION. 38 HAWSER BEND CENTERVILLE, MA 02632 � � | / ` DECEMBER 8, 1994 WARREN RUTHERFORD TOWN MANAGER TOWN OF BARNSTABLE 367 MAIN ST HYANNIS, MA 02601 DEAR MR RUTHERFORD; ON DEECEMBER 16 , 1993 I REQUESTED UNDER THE FREEDOM OF INFORMATION, ANY AND ALL INFORMATION THAT MIGHT PERTAIN TO REPORTS, INQUIRIES, HEARINGS, INVESTIGATINS , COMPLAINTS, ACCUSATIONS OR ANY REQUEST WITHIN THIS AREA IN REGARDS TO JOSEPH DALUZ OR RICHARD BEARSE.I FOLLOWED THIS UP, AT YOUR REQUEST, WITH A DOZEN OR MORE SPECIFIC AREAS.IN THE DOCUMENTS YOU PROVIDED IN YOUR RESPONSE WERE; A)A LETTER FROM YOU TO MR DALUZ CONCERNING A TOWN COUNCIL MEMBERS REQUEST FOR INFORMATION CONCERNING THE LIBERTY SQUARE MALL APPROVAL AND HIS RESPONSE TO THIS REQUEST, B)A LETTER FROM A TOWN COUNCIL MEMBER TO YOU STATING COMPLAINTS CONCERNING MR DALUZ AND HIS POSSIBLE "CLOSENESS" TO MR JAMES SMITH OF THE BARNSTABLE CREDIT UNION AND ABOUT BUILDING CODE VIOLATIONS AT THE SENTRY BUILDING AND THE BARNSTABLE CREDIT UNION BUILDING AND C)A MEMO FROM YOU TO MR DALUZ CONCERNING THE HOME AT 38 HAWSER BEND IN CENTERVILLE, MA AND THE POSSIBLE LIABILITY ISSUES CONCERNING THE TOWN IN REGARDS TO THE PROBLEMS WITH THE HOME. IN EACH OF THESE DOCUMENTS A RESPONSE BY EITHER YOU TO THE TOWN COUNCIL MEMBER OR FROM MR DALUZ TO YOU WAS REQUESTED BUT NONE OF THESE RESPONSES WAS INCLUDED IN MY FREEDOM OF INFORMATION REQUEST. AT THIS TIME I REQUEST THESE RESPONSES UNDER THE FREEDOM OF INFORMATION WHICH SHOULD HAVE BEEN INCLUDED WITH MY ORIGINAL REQUEST.UNDER THE FREEDOM OF INFORMATION I ALSO REQUEST TO. KNOW IF NO RESPONES WERE MADE, WHAT ACTIONS WERE TAKEN AGAINST MR DALUZ FOR HIS FAILURE TO RESPOND? I THANK YOU FOR YOUR ANTICIPATED COMPLETE AND TIMELY RESPONSE TO MY REQUEST. YO TRUUL/'Y, ' N MOULT0N 30 HAWSER BEND CgNTE-P,VILLE, MA 02632 TO : Warren Rutherford, Town Manager FROM : Susan Rohrbach, Councilor , Precinct 45�-tom_ DATE : July U , 1993 SUBJECT : Liberty Square Plaza Some new information Which I am forwarding to you has come to my attention suggesting that there may be building code violations regarding fire walls and air recirculation LIberty Square PLaza. It has also come to my attention through another source that the . respective fire chiefs also had problems with fire wall construc- tion on the Barnstable Community Federal Credit Union and Sentry Bank buildings . Will the consultants be looking into this type of problem? I would very much like a response to this distress- ing information -which, -i.f true, could potentially put the town in a position of liability. It has also come to may attention that there is a n affidavit on the public record that states that Jimmy Smith sent Joe Daluz on vacation , when he needed to . As you may recall , I came to you with similar information quite some time ago and have long indi- cated to you my concerns about Mr . Daluz "s conflict of interest regarding the Credit Union as well as alleged instances or unethical conduct . When are we going to deal with this problem directly? C=1 e o wn ot barustame Office of Town Manager ,' 999• 3,67 Main Street,Hyannis.MA 02601 ,SOS• Office 508 790-6205 Warren J.Rutherford Fax 508-775-3344 Town Manager TO: Joseph DaLuz,Building Commissioner FROM: Warm I. Rutheford,Town Manager R.E. Kenneth Moulton Complaints DATE: Novcaber 1, 1993 REPLY BY: Noveaber 3, 1993 In refer==to the above subject matter,I shall acknowledge my tardiness in completing my investigation of this matter,as it pe.-thins to allcgadoas of criminal conduct by certain officials of the Building Department of the Town of Barnstable as brought by Mr.Kcaneth Mouton,allegadons of unprofessional building inspectional practices,and resolution of this resident's other complaints, I had hoped that,given the atteadoa givea to this mattex at my request from the Poll=Department, that your of ice would have eauadcd every effort to take all accessary action to resolve the situation as it has evolved. Uafortunatey,I find this is not the case at pre:cat,as evidenced by my coavcrsadoa with Mr.Moulton this date. I ara eaclosi.ng. for your revic�►,copy of a report rerwived by the Chief of Police,as rerere3ce to my coat-ns had expectation of correeive action. For te.°.=eace,Mr. K.eaneth Moulton resides at 38 Hawser Bend,Crate.-viIIc,Mk For ,refercacr,a buiidi:g pe--=it was issued 6117/92, permit -: 35139. Occupancy,pc.•mit was 7/1188, permit#: 30440. ISSL7 Unprofessional building department inspecdonal practices. On page 10 of the report,Sgt.Smith indicates that you had stated that it was permissible for the inspectors to keep their own private log book and keep informadoa in the log book,with said log books being kept 1t inspectors homes As the report at this sectioa continues,it appears Inspector Beuse is of the opinion that these log books are act offcal records of the Town,and further,that no in office records would indicate inspections made to this propery or other proper-des. Inspector 3=--,c also indicates that the department rerard system is poor,and that inspectors keep their own recarris and do not have to compicte reports. You should further refcrcat~page 12 for Sgt. Smith's other obsc--vadons. I concur fully in his observations. Conclusion by Manager and Corrective Acdoa: If these statements are correct,these constitute unacceptable inspectional practices. Further,I would indicate that I do consider the log books public records. As such,you are directed to immediately aodry four inspectional and ofa staff to commc=ce the following procedure: 1. Require all insoecdonal Iog books in possession of inspectors to immediately be placed within the Building Departmcat. Note,I believe this to be consistent with the State Building Code,780 C-MR, 108.7. 2_ Require all inspectors to complete weekly reports to you conc=;ng inspectional activities,said reports to provide you information which can alust.�te locidon,owners, :, -of inspection,problecss identified,Corr=ivc mcrsurea taken,follow up inspec'doa schedules,or some other rti.-Ocably proicssional method for you to ensure that your=T art. profersionaily completing their responsibilidea_ aoulcenia r— j=pll acuon y4vul . 4. Ensure that :he Town Managee�rva the=-`er==d information contained within 7W CMR. lOB.B,con�*r*+erg a written staccseat of all pemits and='tiu'estes issued,fern collected,inspections made.sad aod=and orders issued for°the year. ISSUE Production of Mr. Archibald's inspcctiona.I report It is my unde ztanding that the State Building Inspector,.Mr.William Archibald did conduct an inspection of this proper/. Pease provide me a copy of this report immediately. LSSUE Production of PhLbrook Engineering&Contraction inspcctional report. It is my undestanding that Vamum Phiibrook conducted a home inspection at the request of your office Iasi month, and that a report has beta issued to you as of this past Monday. Mr. Moulton indicates you have not raxived the reie==d report Who hired Philbrook Engineering,and provide me a copy of this report immediatelY- ISSUE Your inspectional activity in this matter. Due to the seious charges made by a resident in this matter,I request a full accounting of your activity,including explanation of your own inspectional activity in the mattes. Conclusion Cbviously,you have understood my displeasure in this matter. For almost one year,nothing has taken place to attempt to resolve this resident's complaints. In addition,dating back to the original construction process,over 6 years ago,it appears that there were insufficient inapoctioaal practices engaged by your staff that eventually could lead to a liability upon the town,should this individual secs damages. Your apparent laxity of supervision bas contributed greatly to a continuation of this complaint Additionally,I have spoken with both you and Mr.Smith this date concrning a cone.-salon you have had with a Mr. Steven Hale,the builder of this pmpaty concerning arrangements he should make with the homeowner. I do not know what,if anything,is requested of this office,howcve,you are directed to make it clear immdiate'y T you are requesting direc--ion in this proposed arrangement Barnstable Police Department � � I" m 1200 Phinney's Lane Hyannis, MA 02601 (508) 775-0387 _ _A Ok Umsuble fthm FeeiGtr PROPERTY RECOVERY FORM INC 93000910 TYPE OF PROPERTY: FOUND ( ) STOLEN ( ) OTHER (X) LOCATION RECOVERED: OWNER: Richard Bearse RECOVERED BY: ADDRESS: Asst. Town Building Inspector ADDRESS: PHONE: PHONE: QUANTITY DESCRIPTION VALUE 2 1987-1988 Log book of Richard Bearse, -- Assistant Building Inspector DATE RETURNED: 9/24/96 TIME: 1:23Pm BY: I hearby acknowled a receipt of the above recovered articles: SIGNATURE: DATE: PRINTED NAME: Kathleen Maloney (Keeper of the Records, Barnstable Building Division) ADDRESS: L 7 PHONE: 7 -6z-2� Please ask for Attorney WILLIAM P. SMITH (617 ) 328-1900 iz4r Tommonlaratt4 of 1pfiaoar4nortto BARNSTABLE ss. UPON RECEIPT OF THIS SUBPOENA PLEASE TO THE KEEPER OF THE RECORDS CONTACT ATTORNEY BUILDING INSPECTOR, TOWN OF BARNSTABLE LISTED ABOVE 367 MAIN STREET, BARNSTABLE, MASS. greetings. You are hereby commanded, in the name of The Commonwealth of Massachusetts to appear before the BARNSTABLE SUPERIOR COURT C .A . NO . 94-433 holden at BARNSTABLE, MASS. within and for- the county of BARNSTABLE on the 24TH day of SEPTEMBER 1996 at 9 ,00 o'clock in the FORE noon, and from day to day thereafter, until the action hereinafter named. is heard by said Court, to give evidence of what you know relating to an action of CIVIL then and there to be heard and tried between Plaintiff KENNETH AND VIRGINIA MOULTON Defendant vs. STEPHEN HALE and PETER CATTANEO You are further required to bring with you ANY AND ALL DOCUMENTS , PERMITS, PERMIT APPLICATIONS , Py�.NS9 Iiy:�I' C -Lull r<ii'GRTS, CERTIFICAThS OF OCCUPANCY, CORRESPONDENCE , OR ANY OTHER DOCUMENTS WHICH REFER OR RELATE TO THE PROPERTY LOCATED AT 38 HAWSER BEND ROAD, CENTERVILLE, MASS . RUE CO Hereof fail not, as you will answer your default under the pains and penalties in the law in that behalf made and provided. Dated at Boston, , Massachusetts, the 17TH day of SEPTEMBER A.D. 19 96. MO WE 4 1k �( NOTA 41;11IC o� s" ti5 ss"`"U MY COMMISSION EXPIRES JANUARY 6 2000 "�rg5e�`° APRIL 24, 1995 `L BUILDING INSPECTOR COMMISSIONER . � APR 2 .7 1995 TOWN OF BARNSTABLE r (� ' TOWN HALL L lL7 L 3 HYANNIS, MA, 02601 DEAR SIR; SEVERAL MONTHS BEFORE YOUR P_REDECESSORf , JOSEPH DALUZ, RETIRED, WE ATTEMPTED TO HAVE HIM, WITH NO SUCCESS, VISIT OUR HOME TO VIEW THE ILLEGAL AND POOR QUALITY OF CONSTRUCTION OF OUR HOME.THE LEGALLY REQUIRED BUILDING PERMIT SHOWS THE THE HOME WAS NEVER INSPECTED, AS LEGALLY REQUIRED, AT ANY TIME THROUGHOUT THE CONSTRUCTION PROCESS. IT SEEMS RATHER ODD THOUGH THAT THE BU.L.LDING INSPECTOR DID ISSUE A CERTIFICATE OF OCCUPANCY FOR THE HOME, EVEN AFTER ADMITTING UNDER POLICE QUESTIONING THAT HE REMEMBERS THE HOUSE WAS BUILT WRONG.MR DALUZ -DID HAVE AN INDEPENDENT ENGINEER STUDY THE HOME WITH THE ATTACHED REPORT A SUMMARY OF THE FINDINGS .MR DALUZ ALSO CAUSED THE VILLAGE FIRE DEPARTMENT TO VIEW OUR HOME WITH THEIR SUMMARY IN THE ATTACHED REPORT. AS OF THIS DATE, WE STILL ARE WAITING TO SEE WHAT ACTION THE TOWN INTENDS TO TAKE TO CORRECT ALL THIS ILLEGAL ACTIVITY THAT HAS RENDERED OUR HOME TO BE OF NO MONETARY VALUE.WE WOULD APPRECIATE YOUR VISITING OUR HOME AS SOON AS POSSIBLE TO VIEW THESE MANY SERIOUS PROBLEMS. SHOULD YOU HAVE ANY QUESTIONS, FEEL FREE TO CONTACT ME . YOIU S TRULY, N MOULTON 38 HAWSER BEND CENTERVILLE, MA 02632 508-771-6362 d ��tME Tp� .�� The Town of Barnstable s63q• Office of Town Manager �0 367 Main Street, Hyannis MA 02601 Office: 508-790-6205 Warren J. Rutherford Fax: 508-790-6226 Town Manager January 10, 1995 Ms. Lauren Inker Commonwealth of Massachusetts Office of the Secretary of State Room 1719 _ One Ashburton Place Boston, MA 02108 t: RE: Case #SPR95/008 Dear Ms. Inker, In reference to the above matter, please find enclosed my response to Mr. Moulton's December 9, 1994 request for information. My explanation for the delay is quite simple. I wanted to ensure that all records had been researched, since during the interim, I had retained a new Building Commissioner, Ralph Crossen, and wanted to provide him further opportunity to see if further records exist. My response to Mr. Moulton concerns this review. If you desire further information, please advise. Sincerely yours, Warren J.lRutherfor Town Manager cc - Kenneth Moulton f ZFIE l� : . .� The Town of Barnstable • RARMABLL • 9� ' � Office of Town Manager ATEo '�° 367 Main Street, Hyannis MA 02601 Office: 508-790-6205 Warren J. Rutherford Fax: 508-790-6226 Town Manager January 4, 1995 Mr. Kenneth Moulton 38 Hawser Bend Centerville, MA 02632 Dear Mr. Moulton: In reference to your request, dated December 8, 1994 and received in this office on December 9, 1994, I requested staff in this office and the Building Services division to research files to determine whether records exist with respect to the enclosed request. I regret to inform you that there are no records in either this office or the Building Services office. No action was taken for failure to respond. Very trurVv6yurs, W Sri J. Rutherford, Top'Manager j:mou1t2.doc\wjr THE FOLLOWING IS/ARE THE BEST IMAGES FROM POOR QUALITY ORIGINAL (S) m A 7"­`�C&E DATA . e r � a DECEMBER 8, 1994 Lu tA6tE WARREN RUTHERFORD TOWN MANAGER _ ¢CD ~'py� k z 'j(� �C E�� ., r' " �.4 k� if'err ,� .L7 TOWN OF BARNSTABLEs .X .r 367 MAIN ST 4 HYANNIS, MA 02601 Q m W; CD DEAR MR RUTHERFORD; ON DEECEMBER 16, 1993 I REQUESTED UNDER THE FREEDOM OF INFORMATION, ANY AND ALL INFORMATION THAT MIGHT PERTAIN TO REPORTS, INQUIRIES, HEARINGS, INVESTIGATINS, COMPLAINTS, ACCUSATIONS OR ANY REQUEST WITHIN THIS AREA IN REGARDS TO JOSEPH DALUZ OR RICHARD BEARSE.I FOLLOWED THIS UP, AT YOUR REQUEST, WITH A DOZEN OR MORE SPECIFIC AREAS.IN THE DOCUMENTS YOU PROVIDED IN YOUR RESPONSE WERE; A)A LETTER FROM YOU TO MR DALUZ CONCERNING A TOWN COUNCIL MEMBERS REQUEST FOR INFORMATION CONCERNING THE LIBERTY SQUARE MALL APPROVAL AND HIS RESPONSE TO THIS REQUEST, B)A LETTER FROM A TOWN COUNCIL MEMBER TO YOU STATING COMPLAINTS CONCERNING MR DALUZ AND HIS POSSIBLE "CLOSENESS" TO MR JAMES SMITH OF THE BARNSTABLE CREDIT UNION AND ABOUT BUILDING CODE VIOLATIONS AT THE SENTRY BUILDING AND THE BARNSTABLE CREDIT UNION BUILDING AND C)A MEMO FROM YOU TO MR DALUZ CONCERNING THE HOME AT-38—HAWSER—BEND"—, IN CENTERVILLE,,—MA—.rAND THE POSSIBLE LIABILITY ISSUES CONCERNING THE TOWN IN REGARDS TO THE PROBLEMS WITH THE HOME. IN EACH OF THESE DOCUMENTS A RESPONSE BY EITHER YOU TO THE TOWN COUNCIL MEMBER OR FROM MR DALUZ TO YOU WAS REQUESTED 'BUT NONE OF THESE RESPONSES WAS INCLUDED IN MY FREEDOM OF INFORMATION REQUEST. AT THIS TIME I REQUEST THESE RESPONSES UNDER THE FREEDOM OF INFORMATION WHICH SHOULD HAVE BEEN INCLUDED WITH MY ORIGINAL REQUEST.UNDER THE FREEDOM OF INFORMATION I ALSO REQUEST TO KNOW IF NO RESPONES WERE MADE, WHAT ACTIONS WERE TAKEN AGAINST MR DALUZ FOR HIS FAILURE TO RESPOND? I THANK YOU FOR YOUR ANTICIPATED COMPLETE AND TIMELY RESPONSE TO MY REQUEST. Y/O S TRULY, EN MOULTON 38 HAWSER BEND CENTERVILLE, MA 02632 I Assessor's office(1st Floor): /� ' • Assessor's map and of num r �,vz SEPTIC SYSTEM Wi� Conservation — 1 INSTALLED IN C® Board of Wealth(3rd floor): WITH'�ITL Swage Permit number' t �� �`( ENVIRONMENTAL Lz Engineering Department(3rd floor): -•E� '• TOWN REGIYL �r&- House number AT boo. i Definitive Plan Approved by Planning Board 19' APPLICATIONS PROCESSED 8:30-9:30 A.M.and 1:00-2:00 P.M.only _ TOWN OF BARNSTABLE BUILDING INSPECTOR APPLICATION FOR PERMIT TO 4.wt o d l- ✓1 5 �n�tJ!1 !�GG R oe t 1 TYPE OF CONSTRUCTION _ (A)Odd �191'12 �lUA-j&— `7 19 TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit according to the following information: Location �� '�/S��� ����/ �� ~+� ✓1 LLt✓ Proposed Use A7- ��G�`J /— CM G I SF le o '/ [r/�!/ y7�, zaa Zoning District Fire District /V Name of Owner 4 , 1,4414 191,61 1Z L%AA Address SAM Name of Builder �ZL,42 Address Name of Architect /��/../ Address 5A^^c Number of Rooms 3— Foundation EY15nI-)6 Exterior Roofing "x �g lit./ Floors C-�dk°Of'/ Interior ✓j � �GC(� Heating ?�D Plumbing. �471 Fireplace Approximate Cost 7 SOUS od Area A�0 ,4,-ep- o 0 Diagram of Lot and Building with Dimensions Fee OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS I hereby agree to conform to all the Rules and Regulations of the Town of Barnstable regarding the above construction. Name 6, Construction Supervisor's License Lq L_ MOULTON, VIRGINIA I ti No 39 Permit For Remodel Basement Single Family Dwelling ; Location 38 Hawser Bend ' aP f t i Centerville Owner. Virginia 'Moulton Type of Construction Frame Plot Lot ` t X' ~, Permit Granted June 17, 19,-`9 2 t Date of Inspection 19 1 - 1 Date Completed 19 f / " 1 t ace^.-• P.'easrn�7aF+:d:.,�,-r,., "'^Y .,."T "rya'ff" IMF`> 'Yk'i`y4 T",'�' ' '"gL S"' i+t�+^Y�,,,p*.M".-r:�f €"x°`- '�i`z*'`/"" "(•• '• ,i"`h^ r rT`%v`I'e •'` n:-,;; TOWN OF BARNSTABLE MASSACHWETTS r ;BUILDIN PERMIT A=192 - • Jute- 1 �' DATE : a , ... �g PERMIT NO. ;093 APPLICANT er ' Ycen"..MOS .tOn • ADDRESS""' 38'.•Haws�er "Benii ;:;Center'yiYle"'� :.Own Remodel Basement :(Rec. 1�OOlIl1 y lNOJ (ST.R EyET);, NUMBER (CONT R'S LJCE,NSE) _ "PERMIT TO'. •' (_)* STORY • 5i'ngl�:•` 'amity' DWe1'�ling ":.. 'DWELLING UNITS ." (TYPE•,OF I,MPROVEMENT). `_ N0.. -. ';�.. (PROPOSED LSEY: + , � AT (LOCATION) .38 Hawser :Bend, Cent4rv'i11e _;w •, RG' ZONING _ -.DISTRICT— (NO.) '(STREET)' BETWEEN AND ; '(:CROSS: STREET{ `, '(CROSS ST RE ET). ' -,L'OT SUBDIVISION I .I' , .LOT BLOCK SIZE �� it t. BUILDING IS,.TO BE, FT;WIDE BY, FT. LONG BY. F:,T-: IN HEIGHT AND.SHALL CONFORM IN CONSTRUCTION', '' 70 TYPE USE.GROUP BASEMENT WALLS OR FOUNDATION i (TYPE) REMARKS 9ewb�:2,A` Rg'6-892' - AREA ORO &re8 C11aTE e 7 SOt1.00 PERMIT ®.0'0 i •VOLUME ESTIMATED:COST FEE . 'I (C,UBIC/50UARE FEET) - OWNER. Virg�n-ia Moulton , •. J { a ' ,. .BUILDING DEPTr, - 38. RAwser Bend, Centerville ' ADDRESS BY t, (9 s t y9 r ..., ..,.k.., .. .,.. ,i .n:,r',r...,`. ,.. . ,« ...., , f .... s°,f�.: t'rt,4;.^..�� �'N',. �..., t.,..,.,._ .,.!t4 •_. _.cx1 y.Q r. .a,w..,,... !..c!....,, ,r ,.. �x i:� L._,._a.., .,r3:. ��r;?....�i� s I FT w —_ _.� — �AjeA MeafG �• 1 g a � 3 _ to , 4 T v -•, NO z P SIV 1� C 1 os�te �� ,)• I �� � G 1 US :•i �c • ,� 7Vti W L- 46 — ! —---------- — -- - -— - ! ` -c r 4, The Town of Barn9table i )AR.Age. t Inspection Department 1 6j9 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner TO: Warren J. Rutherford, Town Manager FROM: Joseph D. DaLuz, Building Commissioner SUBJECT: Addendum to Moulton Report A=192-032 DATE: December 27, 1993 December 2, 1993: I A meeting was held in my office with Mr. Thomas Rogers, Chief of Inspections for the Commonwealth of Massachusetts and William Archibald, State Building Inspector. We had a very in depth discussion about the Moulton issue. During the discussion I learned that the Moulton concerns had been on going since early in the year, approximately February of 1993. The South Eastern Massachusetts Home Inspection Service report was dated December 22, 1992. As Mr. Rogers posed the questions it was apparent that the Barnstable Police Department had been conducting an on going investigation in conjunction with the State Inspector, William Archibald. Also, much to the surprise of myself and Mr. Rogers, Sgt. Smith, as stated by Mr. Archibald, said that I was not to be informed of the investigation. Mr. Rogers wanted to know when I was informed and I referred to my letter of August 19, 1993 as my first notification of any structural problems. The conversation was then centered around the issue of the time lapse of my notification. Mr. Rogers unmistakably stated that I had not been informed of either the existing problems or a possible solution by Mr. Archibald. As my Superior of Inspections he had not taken the appropriate action. Mr. Archibald referred to a letter in explaining his reasoning. Mr. Rogers reviewed the letter from the original builder, Mr. Stephen Hale, offering to have his Insurance Company correct the problems. Mr. Rogers also stated that he would telephone Mr. Moulton from his office and discuss the Hale letter. He also instructed that I await his response and depending upon his conversation would further instruct my office as to the appropriate course of action. ' i Warren J. Rutherford, Town Manager December 27, 1992 Page 2. December 20, 1993: I received a call from Mr. Rogers in the a.m. re two (2) issues. The first was on the progress of the County Jail to finalize approvals. The second was re the Moultons. Mr. Rogers had made an inspection of the dwelling. We discussed the bulging of the outside wall and he thought that it was not a result of the rafters but rather built that way. We discussed the construction and we exchanged methods of correction. He also stated that he had asked specific questions of the. Moultons: One questions was: Did he call me and report the problems? The answer was finally "no", but that I should have known from the Kenny radio talk show. "Not acceptable" and further questioning became difficult to reason because Mr. and Mrs. Moulton were having their own dispute. My directive from Mr. Rogers regarding this property is to "wait for his further instructions" . Attached please find a copy of my check for the Philbrook Engineering report. cc: Robert Smith, Esquire Attached/check copy i 5493 - -� > JOSEPH D. DALUZ T A A k/ 90 MITCHELL WAY HYANNIS, MA 02601 S 1 19 / 53-574/113 t} 1 ' as= PAl'TOTHE G� ORDER OF (/n QP/", $ 3 w; �x 3o. W; DOLLARS IDI c Um� - r. o a D. D CAPE COD BANK AND TRUST COMPANY �c- HUSETTS O3 1 MEMO ' 1. TOWN OF BARNSTABLE INSPECTION DEPARTMENT 367 Main Street, Hyannis, MA 20601 FAX # 508-775-3344 PLEASE FORWARD THE FOLLOWING PAGE(s) TO THE FOLLOWING PERSON(s) TO: Mr. Thomas Rogers Chief of Inspections RECEIVER'S FAX #: 617-227-1754 FROM: Joseph D. DaLuz, Building Commissioner DATE: December 3, 1993 PAGE(s) : 4 (including cover sheet) t4 -, The Town of Barnstable - k 1 fAlI1TAIL[ : Inspection Department 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner August 31, 1993 i i Mr. William Archibald State Building Inspector Department of Public Safety Paul A. Dever State School 1380 Bay Street, Building #5 Taunton, MA 02780 RE: 38 Hawser Bend Road, Centerville A=193 093 Dear Mr. Archibald: I am in receipt of your letter dated August 19, 1993 and a copy of the South Eastern Massachusetts Home Inspection Service inspection report for the dwelling located at 38 Hawser Bend Road, Centerville, owned by Kenneth Moulton. I respectfully request that you accompany me on an inspection of the dwelling as soon as your schedule will permit. Peace, IJ ph D. a z uilding Commissioner JDD/gr cc: Detective Edward C. Smith, BPD i A 9L E WILLIAM fr.WELD GOVERNOR •93 AW 27 A10 :4 7 THOMAS C. RAPONE SSCRRTAItV LAnRY F. GIORDANO COMMISSIONER All 2 5 August 14, 1Q93 �?i! 1993 Mr. Joseph. Daluz Building Commissioner Town Hall 367 Main Street Barnstable Mass. 02601 Dear Mr. Daluz, Please find enclosed a copy of a home inspection report pre- pared by South Eastern Mass. Home Inspection Service for Mr. and Mrs. Moulton for your editification and action which came to my attention as the District State Inspector. After a review of Chapter 22 Sec 4-A and Chapter 143 Sec 3A it is the opinion of this writer that I am not empowered to take any action regarding this matter. However, this department is avail able to provide your office in accordance with the aforementioned sections with technical assistance and advice in the implementation of the State Building Code. Do not hesitate to contact me at my office at (508) 821-9375 , Sincerely, c.c. Det Sgt. William Archibald Edward C. Smith- State Building Inspector i L..L :W.1 S C;01,-, o*i- ' 02660 November 17, 1993 '1'0 Whom It May Concern: For Four information, please he advised that Lewis Gordon, DBA Coolidge Ilotnes, (will a 4,1-lot sith(livision known as t.1:I.1.N KII)Gl: located on Victoria and Warwick Streets, in the village of Centerville, Mass. in the fall of 1983 UtrOugh lice Spring of 1986. Lewis and Jon Gordon were very aclice in the marketing of these "Spec° Humes. Please flute we are out Custolp llcinte 13uilders. One parliccdar case we remember is the ken tINloullon flume. Normal procedure on selling a finished Home is that. the buyer comes through 3-5 clays before closing to insure the house is sal.isl actory 13GfUfZ1 ('ASSIf1G PAl'fIZSI Since we don't allow attorneys to hold back un Escrow Monies at closing. 'Ihe house was inspecicd and Massed by the Moultuns. We have been back numerous times on call backs Lhal had nolliI , to do with us. I. F. Cabinet drawers pulled off tracks; Cabinets scratched; Ili-Fold doors pulled off: Window grills broken; and ripped vinyl flooring in the kitchen caused by Mr. Moulton's son who haS severe disabilities. i Also Ifieve was a report of n:iilhends coming (hrocigh plywood, which was impossible because we use nailguns Thal counter.:ink nails. As well, (lie Vinyl Installer checks this before installhig anywayl All this happened after they moved inf But. regardless of this, the (;oldims pride themselves with a GUUU REPUl'ATION, and didn't wint All . Moulton sspreadint bad rumors in a new subdivision with some homes still for -ale. So we went back numec ous times to correct these situations. We feel that the Moullons were duly unjustified in these complaittls. We offered snore that once to buy the house back for the put•rltase price--plus an additional $2,000.00 for moving expenses. 'Ihe. Motclluns are lust plain 1111fair, and we pity (lie next builder they get involved with. In closing, we would like to say that it has been a pleasure to work with (lie Building Department and their Staff cnt our many homes and commercial projects we have developed in this town. Sincerely Lewis Gordon 4'yoi iN[t�1 w ,A. = : The Town of Barnstable ...� Inspection Department 0 Y�Y 367 Main Street, Hyannis, MA 02601 � �' 508-790-6227 Joseph D. DaLuz Building Commissioner TO: Warren J. Rutherford, Town. Manager FROM: Joseph D. DaLuz, Building Commissioner RE: Kenneth Moulton ,Update DATE: November 29, 1993 I am not sure if you received a copy of the letter from Stephen Hale re the Moulton property. Attorney Smith does not remember receiving a copy. Nevertheless, I spoke with Bob Smith and we are hopeful that Mr. Moulton will accept the offer to have an insurance adjuster try to correct the problems. Copy attached -y' 22 Barry Street Quincy, MA 02169 (617) 472-8465 November 16, 1993 r Mr. and Mrs. Kenneth Moulton 38 Hawser Bend Centerville, MA 02632 Dear Mr. and Mrs. Moulton: It has been brought to my attention through an inspection report of the problems that have arisen regarding your home. I have found through my research that the insurance company may cover the damages stated in the report. I. respectfully request the opportunity to try to resolve and correct the problems as found in the report. Hopefully I will hear from you as soon as passible to rectify the situation. Sincerely yours, Stephen P. Hale SPH/dh I , I i o'CF ''"'1��`�'''y' ' The Town of Barnstable lAllf71,4! Inspection Department 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner November 12, 1993 Mr. and Mrs. Kenneth Moulton 38 Hawser Bend Centerville, MA 02632 RE: 38 Hawser Bend, Centerville A=192-093 Dear Mr. and Mrs. Moulton: Enclosed, as per your request, please find copies of documents relating to the original building permit #30440 dated February 18, 1987 and inspection reports for same. Very truly yours, jsh D. D Building Commissioner JDD/gr cc: Town Manager Enc. QC),qv i'3A. a The Town of Barnstable ...� Inspection Department 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner TO: Warren J. Rutherford, Town Manager FROM: Joseph D. DaLuz, Building Commissione SUBJECT: REPORT/Moulton Property 38 Hawser Bend, Centerville A=192 .032 DATE: November 10, 1993 2/18/87 A foundation permit was issued to owners Peter Cattaneo and Stephen Hale on September 2, 1986. On February 18, 1987 a building permit was issued after the foundation was poured to permit construction of a single family dwelling. The estimated cost was $74,000. The building permit inspection form had signatures of approval from Inspector Burnham for Plumbing, John Newton for Wiring, R. Johnston from Engineering, and Donna Miorandi from the Health Department. These were dated in 1988. There are no inspection entries from the building inspector, Richard Bearse. My understanding, as related to me by Mr. Bearse, is that he did inspections but made one entry into his log. A bond release form, signed by Mr. Bearse, was issued on June 23, 1988. The Occupancy Permit was issued by Mr. Bearse on July 1, 1988. 8/19/93 I was made aware of the Home Inspection Report by South Eastern Massachusetts Home Inspection by State Building Inspector William Archibald who forwarded a copy of same for my "edification and action" . The District State Inspector, in his letter of August 19, 1993, stated that he was not empowered to take any action in accordance with M.G.L. but would provide me with technical assistance. 8/31/93 After making some inquiries about this dwelling, I contacted the State Inspector and he came to my office on September 8, 199.3, and with Sergeant Smith from the Barnstable Police Department we discussed the Moulton house. Mr. Archibald later drove by the property since I had never been to the house. We did not stop or leave his vehicle. IM931110A - r ' y Warren J. Rutherford, Town Manager November 10, 1993 Page 2 Many questions about this property were a great concern to me. Since my department is involved in the whole inspection process I wanted to make the proper decision. 9/9/93 On September 9, 1993, I called Mr. Moulton and discussed the building problems as referenced in the South Eastern Inspection Report. I did not meet with Mr. Moulton because there were items brought out in the report . that were not code violations, such as window sills were not sanded and properly painted, etc. When Mr. Moulton raised the issue of "life safety" for his family, I called the Centerville-Osterville-Marstons Mills Fire Department to request they make an immediate inspection for fire safety. That was done the same day, September 9, 1993 . Lt. Glen Wilcox from Centerville- Osterville-Marstons Mills Fire Department called me following his inspection to inform me that he did not find any immediate fire hazard. I received his written report on or about September 10. 9/22/93 I had to get a true picture of the problem and I wanted to make sure that there was no appearance of- a less than accurate report. I called Varnum Philbrook from Philbrook Engineering and Construction and explained what I needed. I told him that I would pay for the report personally. He said he was busy but would make the inspection as soon as his schedule would permit. He called to report that he made the inspection on October 7, 1993. I received his report on October 18 . 10/20/93 I then attempted to locate the original owners/builders. I called the Building Code Commission and obtained an address for Stephen Hale. I obtained his telephone number from Directory Assistance. We had several telephone conversations regarding the house and the construction. During our conversation he did mention that his partner had gone bankrupt. Also, they had the house built as an investment and hired a framer to construct the house. Mr. Hale told me during one of our latest conversations that he had insurance and felt that he should and would have the problem corrected. 1 r Warren J. Rutherford, Town Manager November 10, 1993 Page 3 He requested the Moultons' telephone number. I called and spoke at length with Mrs. Moulton. I told her that Mr. Hale wanted to bring a builder with him to discuss the repairs and assess the method. She told me she would relate the message to her husband and they would call but wanted some official to be present. She also told me that all she wanted was to have her house repaired. Mr. Hale called back and obviously the return call was not made. 11/4/93 I met with Attorney Smith to discuss the Philbrook report and a possible resolution. Mr. Moulton had asked for a copy of the report and I assured him I would have a copy for him as soon as I finished the work I had underway. Again, I had the report done to reinforce my commitment to document the areas of concern. I feel there are avenues to afford the Moultons a sound and secure home. *INC ='- The Town of BarnAable 1A11/TA16! Inspection Department 16 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner i TO: Warren J. Rutherford, Town Manager FROM: Joseph D. DaLuz, Building Commissioner SUBJECT: Addendum to Moulton Report A=192-032 DATE: December 27, 1993 December 2, 1993: A meeting was held in my office with Mr. Thomas Rogers, Chief of Inspections for the Commonwealth of Massachusetts and William Archibald, State Building Inspector. We had a very in depth discussion about the Moulton issue. During the discussion I learned that the Moulton concerns had been on going since early in the year, approximately February of 1993 . The South Eastern Massachusetts Home Inspection Service report was dated December 22, 1992. As Mr. Rogers posed the questions it was `apparent that the Barnstable Police Department had been conducting an on going investigation in conjunction with the State Inspector, William Archibald. Also, much to the surprise of myself and Mr. Rogers, Sgt. Smith, as stated by Mr. Archibald, said that I was not to be informed of the investigation. Mr. Rogers wanted to know when I was informed and I referred to my letter of August 19, 1993 as my first notification of any structural problems. The conversation was then centered around the issue of the time lapse of my notification. Mr. Rogers unmistakably stated that I had not been informed of either the existing problems or a possible solution by Mr. Archibald. As my Superior of Inspections he had not taken the appropriate action. Mr. Archibald referred to a letter in explaining his reasoning. Mr. Rogers reviewed the letter from the original builder, Mr. Stephen Hale, offering to have his Insurance Company correct the problems. Mr. Rogers also stated that he would telephone Mr. Moulton from his office and discuss the Hale letter. He also instructed that I await his response and depending upon his conversation would further instruct my office as to the appropriate course of action. ------------------ �io Warren J. Rutherford, Town Manager December 27, 1992 Page 2. December 20, 1993 : I received a call from Mr. Rogers in the a.m. re two (2) issues. The first was on the progress of the County Jail to finalize approvals. The second was re the Moultons. Mr. Rogers had made an inspection of the dwelling. We discussed the bulging of the outside wall and he thought that it was not a result of the rafters but rather built that wa y. scussed the construction and we exchanged methods eof1correction. He also stated that he had asked specific questions of the Moultons. One questions was: Did he call me and report the problems? The answer w f p as finally "no", but that I should have known from the Kenny radio talk show. "Not acceptable" and further questioning became difficult to reason because Mr. and Mrs. Moulton were having their own dispute. My directive from Mr. Rogers regarding this property is to "wait for his further instructions" . Attached please find a copy of my check for the Philbrook Engineering report. cc: Robert Smith, Esquire Attached/check copy I j • ' AS i 1 / I ` w( t ■ I AIL. , / 'r —_ _C�rl'u11tGhc Ltd _ -- -- - —� -- — __ - r A&4Gin - - ---Q� ---.. -- 1 -� -- - �- ,L PHILBROOK t07 BEACH STREET -� ENGINEERING OENNIS, MA 02638 1-508-385 86a2 CONSTRUCTION ENGINEERING DESIGN • CONSTRUCTION INSPECTIONS BUILOING. ALTERATIONS & RENOVATIONS MEMO FOR RECORD: i5 October 1993' Subject: Residential Building Inspection - 7 October 1993 for the Barnstable Building Department. Barnstable . MA Owner: Mr. & Mrs . Ken Moulton Project No: P93-58 Location: #38 Hawser Lane Weather: Overcast & Cool Centerville . MA Document Reference - Paae & Item provided by excerpt from a report prepared by SEM Home Inspection Service dtd 1 Auaust 1992 AREAS REQUIRING IMMEDIATE ATTENTIONI and REPAIR: (if not corrected these items will continue as in-progress failures . Itams marked, wl a ' ** ' present possible life/safetv problems ) --------------------------------------------------------- Pa . 3 - Fireplace & Chimney Construction: There is a larae voic ** behind the steel lintel angle . It is badly spored . The chase leads up to the wood framing and the pocenrial for a fire is present . Pc. 3 & 4 - Roof & Roof Structure - Overall , the roof framina and roof shingling are very poorly executed. ' The basic house is 32 ' across w/ a knee wall located 4 ' in on lust one side . There is a right angle L at one end that measures 26 ' wide and is 36.' long (see sketch) : The following is a summary of the construction: o The rafters are all 2"x 6" @ 16" o.c. Common clear spans are either 13 ' or 14 ' . • The intersectina valley rafters are 2"x 6" spannina some 15 ' on a low pitch ( 5/12) . They were spliced rnid-span w/ plywood gussets . a Collar ties are spaced 32" c . c . for the normal roof lay- out. There are no collar ties in the area of the inter- secti nct roof valleys . s In ther rear is another roof intersection that has a big cricket where the pitch is less than 2/12.af • Roofina is a standard 3 tab asphalt shinale laid 4"-5" to the weather . The following is a summary of the major problems : s Both valleys have failed at the splices . collaosina do�:n- ward into the attic . To the rear there are two . older 2"x 4" stud posts which are fracturing under the downward load. The front valley has newly installed wood nracina installed over a timber =a_sawo rk. on po PHILBROOK ENGINEERING & 107 BEACH STREET DENNIS, MA 02638 638 CONSTRUCTION 1-508-385-8682 ( ENGINEERING OESIGN • CONSTRUCTION INSPECTIONS SUILOING. ALTERATIONS & RENOVATIONS MEMO FOR RECORD: 1.5 October 19�_-{ Subi_ ect: Residential Building Insa=ction - 7 October 1993 for the Barnstable Buiidina Deoartment , Barnstable . MA; • The in-fill valley rafters have all pulled off of the valley rafter as the collapse progressed. There are no continuous collar ties in this area . onward to the roof intersections . Althouah construction exceeds that of the 4th Ed. of the SBC (conforming code during this construc- tion time) straight design analysis shows that all of the 2"x 6"s spanning 13 ' or 14 ' are at least '0% over-stressed . This is showing in long-term dead load deflection settle- ment. • In addition to the above nail Dull-out, compression by the roof system has bowed. the too wall section of the intersecting L some 3"-4" out of plumb. This has also created a sag in the ridge of the L wina. This is fur- ther compounded by the fact that the ridge board is but_ spliced in the exact cenL2r of the intersections and has bent downward. ** • All of this movement has opened up the roof shingles in both of the valleys thru .ear-out . Major leaks occur. resulting in water running down all of the inside parti- tions under the vallevs and collectina 'in large enough quantities in the basement such that pumping is required . No heavy felt or water &- ice barrior material could be found in the valleys . AREAS REQUIRING REMEDIAL REPAIR/IM2ROVEMENT: ( if not corrected these items will allow lone term problems to develop) -------------------------------------------------------------------- Pg. . 3 - Fireplace & Chimney Construction: The chimney flashing has worked loose from the brickwork. This needs to be sealed and blocked back tightly against the chimney. Some water is coming down the brickwork and has effervessed alkaline salts across the face of the fireplace . Joints in the flue are rough and badly sooted. Pa. 3 & 4 - Roof & Roof Structure - As stated, the roof fra:�ina and roof shinalina are very poorly executed. The foilowina iS a summary of the minor problems: ** a Due to the extensive leaks under the vallevs . the drvwaj_ ceilings and solne interior partitions have buckled and cracked. water staining is also evident around me sore of the electrical boxes . • Due to the bowing . water no lonaer enters the nutter at the ends of the L section. Here the nutter has been sDr-una from the facia and water is enterina behind the facia . a The entire attic (approx. 1900 sq f"t) is orovided w/ iust 3 ea 1 ' Ox 1 ' 6" wood louvres . There is extensive rusting of the roof shingle nail tins . There is also sore water discoloration on the underside of the roof deck a".thoua�: due to the number of leaks along the vallevs the exact source (s ) of moisture acnear to be intertwined. • �1 PHILBROOK ENGINEERING & ' 107 BEACH STREET ( CONSTRUCTION DENNIS, MA 02638 ..1A. t-508-385-8682 ENGINEERING DESIGN • CONSTRUCTION INSPECTICNS • BUILDING. ALTERATIONS & RENOVATIONS MEMO FOR RECORD: 15 October 1993 Subject: Residential Buildina Inspection - 7 October 1993 for the Barnstable Buildina Department, Barnstable . MA • Although there was little wind the day of the inspection . the roof creaked w/ every breeze . • Water is leakina in around the 2/12 pitch cricket in t_le rear. This is conventionally roofed and also does not appear to have a water = ice barrior layer underneath the shingles . Pa. 14/14A - Furnace : There is heavy rust around the flue pipe and ^Y ** water stainina down the face of the blockwork . This will. jeopardize the intearity of the pipe. Some smoke puffina around the couplinas occurs reaularly. Pa_ . 15A - Main Girt : Presently. the has some spans in excess of tre Code specified (S=14 . Case II) 6.' 9" . The over-spar. has . created some deflection movemment in the kitchen floor area . Pa. 16/16A - Garaae : There are two separate proble-:s in this area : ** • Although the garage is finishad in 5/8" G4B . a pull-down stairwav has been installed to the attic above . This unit is all wood frame and oenetrates the fire barrior . The attic is co olataly open from aable cover me aarae to gable (at the collaosina and) . * The 3/2"x 10" support beam. snannina 21 ' +. is over-spann-_ and very undersized. V:e garage ceilina bounces at the pull-down stairway . ' the 5/8" G`WB is very fractured ant � bow of over 2" has formed from the existina dead-load . The aaraae doors are mis-aligned and operate poorly. Items beina stored above this space are increasina the problem of deflection. AREAS REQUIRING NO FURTHER ACTION: -------------------------------------------------------------------- Pa. 2 - Bay Window: The roof has been re-built over this unit . Pa. 7 - Smoke Detectors : All of the units are now hard wired. Pa. 14/14A - Furnace : Although there is no 5/8" GWB fireproofina over the furnace there is a hear activated water sprinkler head in-place . Pa. 14/14A - Garage Floor: Althouch not properly pitched there is a concrete curb around the peri.neter (created by the drop- ped floor inside the foundation walls) . Pa. 15 - Smoke Detector: One is installed. Pa. 15 - Pressure Treated Treads : When originally installed. this space was a storaae space and not a habitable space . Pg. 16/16A — Cellar Stairs : These have been replaced w/ new ones . AREAS THAT NEED FURTHER. CLARIFICATION: -------------------------------------------------------------------- Pa. 15A - Firestoos missina throuc-cut r:-:ains undater^ined . '�Uon►�v,� P�1'L��N�,�. VAR*TT;t•T PH_TLBROOK. P . E. n I C 2hil ?rook Enain=sri nc �J l <OVEMBER 6, 199-3 WARREN RUTHERFORD TOWN MANAGER TOWN OF BARNSTABLE Tow 367 MAIN ST rvF I Ov 0r' = HYANNIS, MA 02601 - �E - a-._...fin r• DEAR MR RUTHERFORD; 93J_-, I WISH TO THANK YOU FOR THE COPY OF THE PHILBROOK REPORT THAT I RECEIVED YESTERDAY.THE COVER LETTER FROM MR DALUZ I REFERENCED MY REQUEST OF OCT 27, 1993 WHEN IN FACT I FIRST I i INQUIRED OF HIM ABOUT THE STATUS OF THE REPORT ON OCTOBER 28, AT WHICH TIME HE STATED THAT HE HAD NOT RECEIVED IT YET. IT WAS THEM' THAT I CONTACTED YOU ABOUT THE MATTER. IT WASN'T UNTIL NOV 2, 1993 THAT i I REQUESTED THE REPORT. TT SEEMS THAT THE REPORT HAS MISSED A FEW OF THE ISSUES THAT MR PHILBROOK NOTED TO US DURING HIS INSPECTION; A) IMPROPERLY INSTALLED METAL DOOR LEADING FROM THE GARAGE INTO THE HOUSE WHICH IS ALLOWING CARBONMONOXIDE TO ENTER THE HOUSE AND, B) WATER LEAKING INTO ELECTRICAL AND SMOKE DETECTOR OUTLETS(THIS WAS ALSO NOTED BY THE CENTERVILLE FIRE DEPARTMENT) . IT IS MY UNDERSTANDING THAT MR DALUZ WAS TO CONTACT DETECTIVE SMITH OF THE BARNSTABLE POLICE WHEN MR PHILBROOK WAS TO MAKE HIS INSPAECTION SO THAT DETECTIVE SMITH COULD BE THERE, BUT MR DALUZ NEVER DID.WHY? AS YOU CAN EASILY IMAGINE, WE ARE EXTREMELY UPSET BY EVERYTHING THAT HAS HAPPENED AND BY THE SAFETY/LIFE ISSUES RAISED IN -THE REPORT. UNDER THE FREEDOM OF INFORMATION.-ACT, I REQUEST THE =FOL-LOW.INGINFORMATION: -A-}'_COPY `OFALL DOCUMENTS RELATED TO THE ORIGINAL BUILDING PERMIT V._ -AND 'INSPECTION REPORTS RELATED TO THE BUILDING OF THE HOME p• . ._ AT-- 38 HAWSER BEND, CENTERVILLE, MA. A . ... �:. SHOULD,-%YOU HAVE ANY QUESTIONS, FEEL FREE TO CONTACT ME. ,A, = ; The Town of Barnstable *A Inspection Department 16 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner November 5, 1993 Mr. and Mrs. Kenneth Moulton 38 Hawser -Bend Road Centerville, MA 02632 RE: 38 Hawser Bend Road, Centerville A=192 032 Dear Mr. and Mrs. Moulton: Enclosed, as per your telephone request of October 27, 1993, please find a copy of the Inspection Report by T. Varnum Philbrook, P.E. Very truly yours, ("-Joseph D. D/(a^r►1//Lr Building Commissioner JDD/gr Enclosure cc: Town Manager Town Attorney L ' III ,gsr. . CENTERVILLE-OSTERVILLE-MARSTONS MILLS FIRE DISTRICT OFFICE OF THE FIRE DEPARTMENT 1926 1875 Route 28 - Centerville, MA 02632-3117 508-790-2380 - FAX:508-790-2385 John M.Farrington,Chief Glen S.Wilcox,Lieutenant/Fire Inspector Craig E.Whiteley,Deputy Chief Martin 0 L MacNeely,Lieutenant/Fire Inspector DATE SEPTEMBER 10, 1993 _ TO: TOWN BUILDING DEPARTMENT TOWN OF BARNSTABLE 367 MAIN STREET HYANNIS, MA. 02601 In accordance with M.G.L. Chapter 148, Section 28A, the Centerville- Osterville-Marstons Mills Fire Department brings to your attention the following potential violation of 780 CMR: Massachusetts State Building Code, asking for your viewing and/or interpretation of same. NAME/BUSINESS: KENNETH MOULTON RESIDENCE ADDRESS: 38 HAWSER BEND, CENTERVILLE OBSERVANCE: PLEASE FIND BELOW THE ITEMS STATED OF CONCERN BY THE HOME OWNERS DURING AN INVESTIGATION OF FIRE HAZARDS INITIATED BY YOUR OFFICE ON SEPTEMBER 9, 1993 BY BUILDING COMMISSIONER DALUZ. PLEASE NOTE THAT THESE POTENTIAL PROBLEMS WERE NOT VERIFIED BY THIS DEPARTMENT DUE TO ITEMS BEING UNDER 780 CMR. 1. WOOD CONSTRUCTION IN SMOKE CHAMBER OF FIREPLACE, (NOT IN USE AT THIS TIME) 2. ROOF CONSTRUCTION- SUPPORTING MEMBERS TO SHORT. 3. WATER DAMAGE THROUGHOUT WALLS POSSIBLY AFFECTING WIRING. 4. FLASHING AROUND CHIMNEY ON ROOF LOCATED OVER SHINGLES, NOT UNDER. 5. NO ACCESS TO ATTIC AREA. 6. ROOF IN PLACES APPEARS TO BE SAGGING. 7. DWELLING BULGING OUT AND OFF FOUNDATION ON RIGHT SIDE OF HOME. 8. INSIDE WALLS ARE BULGING OUT DUE TO ROOF PROBLEM: Thank you, REP ORT ING-OFFICIAL:. i FP0 C-O-MM Fire District CENTERYILLE-OSTERYILLE-MARSTONS MILLS FIRE DEPARTMENT INCIDENT REPORT TYPE OF CALL{ 1 o0 STir A;i(-�j } ALARM -v{ D'94 DATE{ -3 LOCATION{ `� ' - } WEATHER{ L'/oucl } WIND{ - AT{ /7- REPORTED BY(- << ` ec } TELE. NO { '7q0 - AliZ-7 ADDRESS{ T n } ZONE OF CALL { 1-2 } STILL IZ 2_ 3_ DISPATCHER{ AARMTIME REC'D{ / 4//7 } ON AIR{ } ON LOCJ /5l�e } IN SERYIICE{ 1 1 qVO 3— } COMMENTS{ ----------------------------------------------------- CALLS IN/OR INVOLVING BUILDINGS 9/49 } OWNER{ KENN5/1 5/1 BUILDINGS - TYPE OF OCCUPANCY{ SINGLE-FAMILY DWELLING MOIILTON SR. ADDRESS{ SAME AS ABOVE } TELE. NOJ 771-6365 TENANT{ } ADDRESS{ } TELE. NO.{ ---------------------------------------------------------------------- EQUIPMENT - APPLIANCES EQUIPMENT DESCRIPTION{ p i' LOCATION OF EQUIPMENT { YEAR{ } MAKE{ MODEL{ } SERIAL={ ------------------------------------------------------------------------ MOTOR VEHICLES YEAR{ } MAKE{ } MODEL{ COLOR{ } YIN.={ OWNER{ } ADDRESS{ REGISTRATION { } OPERATOR OF YEHJ ------------------------------------------------------------------------ AUTOMATIC ALARMS ALARM CLASSIFICATION CODE{ } FORM 62 LEFT{ CALLED OR NOTIFIED BY{ } TELE.NO.{ ------------------------------------------------------------------------ BRUSH FIRES CLASS{ } AREA/SIZE{ }COST{$ } STATE NOTIFIED{ I YEHICLE RESPONSE{ ------------------------------------------------------------------------ OTHER AGENCIES NOTIFIED NAME{ } TELE.NO.{ } BY{ { } TELE.NO.{ } BY{ { } TELE.NO.{ } BY{ LIST OF ITEMS THAT NEED FOLLOW UP BRIEF NARATIVE REQUIRED ALL CALLS (PA6E 2)OVER C-L'-I';; FORM 19-A - CENTERVILLE-0STERVILLE-MARSTONS MILLS FIRE DEPARTMENT NARRATIVE REPORT ALARM #{FY�-0q y� } PAGE 2 DATE{ q-1-93 } CALL FROM-MR -`JOSEPH'DALUZ ( TOWN BUILDING COMMISSIONER ), WHO REQUESTED THIS DEPARTMENT TO IIv-TESTIGATE A POTENTIAL: FIRE HAZARD AT THIS ADDRESS. HE STATED HE TALKED WITH 1G. MOULTON WHO STATED HE HAD SOME TYPE OF FIRE HAZARD THAT WOULD RESULT IN HIS HOUSE FALLING DOWN. INSPECTOR MACNEELY AND MYSELF PROCEEDED TO THE LOCATION, AND WAS MET BY MR. MOULTON. HE THEN EXPLAINED THE PROBLEMS HE IS HAVING WITH THE TOWN BUILDING DEPARTMENT. HE AND HIS WIFE THEN SHOWED US AROUND THE HOUSE POINTING OUT APPROX. EIGHT -( 8 ) POTENTIAL BUILDING CODE VIOLATIONS. ( SEE TOWN NOTIFICATION SHEET;). THE FOLLOWING ITEMS WERE EVALUATED BY INSPECTOR MACNEELY AND MYSELF, AND MR. & MILS. MOULTON WERE ADVISED AS STATED: I. DUE TO WATER PROBLEM THROUGHOUT SOME WALLS LAST MARCH, ADVISED OWNER TO CONTACT ELECTRICIAN FOR OPINION OF WIRING. 2. RECOMMENDED THE REPLACEMENT OF THE BASEMENT SMOKE DETECTOR. MRS. MOULTON STATED DURING WATER PROBLEM, WATER WAS POURING OUT OF DETECTOR. DETECTOR WAS WATER-MARKED AND SOUNDED WHEN BUTTON WAS PUSHED-AT THIS TIME. 3. MRS. MOULTON SHOWED US THE WATER HEATER THAT RUPTURED, AND EXPLAINED THE WATER AND STEAM PROBLEM THAT RESULTED AT THE TIM. I ADVISED HER TO CONTACT HER OIL BURNER SERVICE AND HAVE THEM CHECK BOILER FOR ANY PROBLEMS. NOTE: THESE POTENTIAL BUILDING CODE PROBLEMS WERE REPORTED IO THE STATE BUILDING DEPARTMENT IN SEPTEMBER 1992 WITH A INSPECTOR ARCHIBALD INVESTIGATING AT THE TIME. ALSO, OWNERS HAVE HAD TWO ( 2 ) LOCAL BUILDING CONTRACTORS EVALUATE HOUSE. ACCORDING TO MRS. MOULTON, THIS DEPARTMENT RESPONDED TO A REQUEST FOR ASSISTANCE WITH WATER PROBLEM DURING STORM IN MARCH 1993. REPORTED BY DATE SEPTEMBER 10, 1993 BUILDING INSPECTOR TOWN OF BARNSTABLE TOWN HALL MAIN ST DEAR MR DALUZ; I WISH TO TAKE THIS OPPORTUNITY TO THANK YOU FOR SPENDING SOME TIME THIS AFTERNOON DISCUSSING THE BUILDING PROBLEMS WITH OUR HOME, AT 38 HAWSER BEND, CENTERVILLE, MA, ON THE TELEPHONE. 1 WILL ATTEMPT TO RESTATE THE MAIN POINTS OF OUR CONVERSATION: I ) AFTER IDENTIFYING MYSELF TO YOU, I STATED THAT DETECTIVE SGT. SMITH OF THE BARNSTABLE POLICE DEPARTMENT SUGGESTED THAT I CALL AND SAID THAT WE WERE UNDER THE BELEIVE THAT MR ARCHIBAULD OF THE MASS. DEPT OF PUBLIC SAFETY WAS SUPPOSE TO COME TO OUR HOME TO REINSPECT IT AFTER HIS TEN A. M. MEETING AT YOUR OFFICE. YOU STATED THAT YOU WOULDN' T JUST GO POP IN ON US BECAUSE IT WAS UNPROFESSIOINAL. I TOLD YOU WE WERE TOLb THAT WE WERE TO BE CALLED WHEN THEY WERE ON THEIR WAY HERE. 2) YOU STATED THAT MY REQUEST, IN RESPONSE TO YOUR SUGGESTION TO SGT � SMITH TO MEET WITH US, TO MEET ON SEPT 16, 1993 WAS TOO EARLY BECAUSE YOU NEEDED TO REVIEW THE ENTIRE FILE CONCERNING OUR PROBLEMS, JUST GIVEN TO YOU, SO THAT YOU COULD HAVE THE APPROPRIATE � �ANSWERS TO OUR gUESTIONS, I ASKED TO MEET WITHIN THE NEXT FEW WEEKS AND YOU AGAIN STATED THAT YOU NEEDED TIME AND DIDN' T THINK YOU WOULD BE READY IN TWO OR THREE WEEKS TO MEET WITH US. 3) I ASKED IF YOU WANTED TO COME HERE OR YOU WANTED US TO COME TO YOUR OFFICE. YOU SAID YOU WERE UNSURE BECAUSE THERE WERE SOME LEGAL ISSUES THAT YOU NEEDED TO RESOLVE FIRST. 4) YOU ASKED IF I HAD A COPY OF THE BUILDING REPORT FROM 1988 THAT WAS DONE BY DENNIS SMITH. 1 REPLIED THAT IF I FIND IT I WILL PROVIDE YOU WITH A COPY. "I STATED THAT THE ONLY MAJOR PROBLEM NOTED ON THE PRIVATE REPORT FROM DENNIS SMITH WAS THAT THERE WAS NO ACCESS TO THE ATTIC, AS REQUIRED BY LAW, WHICH PREVENTED HIM AND THE TOWNS BUILDING INSPECTOR FROM VIEWING THE ROOF WORK. THE ACCESS WAS COMPLETED AFTER THE CERTIFICATE OF OCCUPANCY WAS ISSUED BY THE TOWN. 1 DESCRIBED THE HOUSE TO YOU AT THIS POINT AS BEING A RANCH STYLE WITH AN ATTIC. 5) YOU STATED THAT YOU HAD SOME DIFFICULTIES WITH THE HOME INSPECTION REPORT OF MR DOUG WILLIAMS, BUT DIDN' T EXPLAIN. 6) 1 STATED THAT MR ARCHIBAULD STATED A CERTIFICATE OF OCCUPANCY PROBABLY SHOULDN' T HAVE BEEN ISSUED AFTER SEEING THE MANY PROBLEMS AND YOU STATED MR ARCHIBAULD HAD NO RIGHT TO SAY THAT AND THAT YOU HAVE INVITED HIM OUT OF RESPECT TO PARTICIPATE BUT THERE ARE SOME OTHER LEGAL. ISSUES YOU NEED TO RESOLVE FIRST. 7) YOU STATED THAT YOU MIGHT REQUEST ME TO HAVE A STRUCTURAL ENGINEER VIEW THE HOUSE. 1 STATED THAT THIS HAD BEEN DISCUSSED WITH WARREN RUTHERFORD, BARNSTABLE TOWN MANAGER, SEVERAL MOMTHS AGO(AT THE TOWNS EXPENSE) WITH NO ACTION YET. 8) YOU CONTINUALLY STATED THAT YOU WANTED TO MAKE SURE THAT WE GOT EVERYTHING THAT' S COMING TO US. I TOLD YOU WE WANT THE HOUSE CORRECTED SO THAT IT IS SAFE AND DOESN' T CONTAIN BUILDING CODE VIOLATIONS AS IT NOW DOES. 9) YOU STATED, TO US AND TO SC-3T SMITH THAT OUR HOME IS NOT IN DANGER OF COLLAPSING BASED UPON YOU DRIVING BY THE HOUSE TODAY, YOU DIDN' T STOP OR EVEN COME IN TO VIEW THE PROBLEMS, AND THAT IT IS SAFE. I STATED THAT I ACCEPT YOUR ASSURANCE BUT THAT YOU AND THE TOWN ARE LIABLE SHOULD ANYTHING HAPPEN (EVEN IF BECAUSE OF A SEVERE STORM) , I AGAIN STATED THAT DURING THE FEBRUARY STORM WATER MIXED WITH THE � ELECTRICAL 10) YOU STATED THAT WE PAID $190, 000 FOR OUR HOME AND THE SALEWAS CONTIGENT UPON THE HOME PASSING THE INSPECTION OF DENNIS SMITH, YOU STATED A QUESTION YOU MIGHT ASK IN A COURT OF LAW ABOUT WHY WE GOT A HOME INSPECTION REPORT ON A BRAND NEW HOME. I STATED THAT WAS EVEN MORE PITIFUL WAS THAT THE HOME WAS PASSED BY THE BARNSTABLE BUILDING DEPARTMENT AND THAT WITHOUT THE TOWNS CERTIFICATE OF OCCUPANCT, THE BANKS ARE NOT ALLOWED TO GIVE HOME MORTGAGES WHICH MEANS THE FEDERAL GOVERNMENT HAS ALSO BEEN 14URT BY THE WRONGUL ISSUANCE OF A CERTIFICATE OF OCCUPANCY. 11 )YOU SEEM MORE INTERESTED IN STATING IN YOUR REPORT THAT THE PROBLEMS BELONG TO THE BUILDERS OF THE HOME AND TO DENNIS SMITH AND DON' T SEEM PREPARED TO ANSWER THE QUESTION AS TO HOW CAN A CERTIFICATE OF OCCUPANCY HAVE BEEN ISSUED WITH SO MANY NOTICEABLE VIOLATIONS AND DID THE INSPECTOR EVER COME TO THE HOUSE OR WAS THE INSPECTION DONE FROM THE OFFICE? 12) YOU STATED THAT YOU ARE RESPONSIBLE FOR OVERSEEING THE WORK OF LICENESED BUILDERS. I TOLD YOU OF THE LETTER I SENT YOU OVER A YEAR AGO, ENCLOSED, CONCERNING THE LACK OF A BUILDING PERMIT BY A BUILDER � CONTRACTED BY THE STATE MASS REHAB COMMISSION AND THAT YOU RESPONDED AT THE TIME IN WRITING THAT NO PERMIT WAS ISSUED. I BELEIVE IT WOULD BE SAFE TO SAY THAT AS OF TODAY, NOTHING WAS EVER DONE OTHER THAN WRITING THE ENCLOSED LETTER EVEN THOUGH IT IS YOUR JOB TO ENFORCE | THESE TYPES OF VIOLATIONS. | IN CLOSING, WE ARE UNHAPPY THAT THIS PROBLEM WAS BROUGHT TO THE | � TOWNS ATTENTION SEVERAL MONTHS AGO AND THAT YOU STILL ARE UNABLE TO � PROVIDE THE ANSWER TO ONE QUESTION:WHY WAS A CERTIFICATE OF � OCCUPANCY ISSUED ON JULY 1, 1988 WHEN THERE WERE MANY BUILDING AND SAFETY CODE VIOLATIONS? � I ALSO WANT TO THANK YOU FOR SENDING THE CENTERVILLE FIRE DEPARTMENT TO OUR HOME THIS AFTERNOON TO SEE IF IT WAS SAFE TO LIVE � IN. AS I TOLD THE FIRE PERSON, WE RELY UPON YOUR STATEMENT THAT WE - �< ARE SAFE LIVING IN THIS HOUSE EVEN IN A BAD STORM. • I AWAIT YOUR RESPONSE TO MY REQUEST TO A TIMELY MEETING TO DISCUSS THESE MANY SAFETY AND LEGAL ISSUES. YOURS "TRULY, ULTON 38 HAWSER BEND CENTERVILLE, MA 02632 508-771-6365 I Y ' Qy�4THETp�4 e�' t� The Town of Barnstable i HAHd97AHLL, : Office of Town Manager pp 67q. � pfE0 MAY�\� 367 Main Street,Hyannis, MA 02601 Office 508-790-6205 Warren J.Rutherford FAX 508-775-3344 Town Manager TO: Joseph DaLuz, Building Commissioner FROM: Warren J. Rutherford, Town Manager DATE: September 3, 1993 RE: August 19th Correspondence. - Archibald In reference to the enclosed correspondence from Inspector Archibald, could you please advise as to the actions necessary to be taken in this regard. Give me a call when you get a chance. I The Town of Barnstable 1All1illLL Inspection Department '��► 367 Main Street, Hyannis, MA 02601 508-790-6227 Joseph D. DaLuz Building Commissioner August 31, 1993 Mr. William Archibald State Building Inspector Department of Public Safety Paul A. Dever State School 1380 Bay Street, Building #5 Taunton, MA 02780 RE: 38 Hawser Bend Road, Centerville A=193 093 Dear Mr. Archibald: l am in receipt of your letter dated August 19, 1993 and a copy of the South Eastern Massachusetts Home Inspection Service inspection report for the dwelling located at 38 Hawser Bend Road, Centerville, owned by Kenneth Moulton. I respectfully request that you accompany me on an inspection of .the dwelling as soon as your schedule will permit. Peace, 0uil ph D. a z ding Commissioner JDD/gr cc: Detective Edward C. Smith, BPD (AE3LE WILLIAM fr. WELD QOKRNOR •93 AUG 27 410 :4 7 THOMAS C. RAPONE BLCRRTARY LARRY F. GIORDANO COMMIOYIONSR August 19, 1293 2 51993 Mr. Joseph. Daluz Building Commissioner Town Hall 367 .Main Street Barnstable Mass. 02601 Dear Mr. Daluz, Please find enclosed a copy of a home inspection report pre- pared _by South Eastern- Mass. Home Inspection Service for Mr. and Mrs. Moulton for your editification and action which came to my attention as the District State Inspector. After a review of Chapter 22 Sec 4-A and Chapter 143 Sec 3A it is the opinion of this writer that I' am not empowered to take any action regarding this matter. However, this department is avail able to provide your office in accordance with the aforementioned sections with technical assistance and advice in the implementation of the State Building Code. Do not hesitate to contact me at my office at (508) 821-9375 . Sincerely, c.c. Det Sgt. William Archibald Edward C. Smith- State Building Inspector . � Zownor Aarnslatte J _ 90hee2eharlment WL ,ego• gNS1V P. O. BOX B NEIL A. NIGHTINGALE 1200 PHINNEY'S LANE TELEPHONE: 778-0387 CHIEF OF POLICE HYANNIS, MA 02601 FAX: 790-0062 AREA CODE EOa July 6, 1993 TO: Mr. Warren J. Rutherford, Town Manager FROM: Neil A. Nightingale, Chief of Police SUBJECT: Status of Moulton/Building Department complaint In reference to the above captioned matter, enclosed please find the following: 1. Copy of May 27th memo to Town Manager re: disposition of Moulton application of complaint for attempted extortion, being denied by Court Magistrate. 2. Copy of Sergeant Edward C. Smith's June 14th report re: Moulton's litany of complaints regarding the Building Department. _ With the exception of the alleged attempted extortion, there .does not appear to be allegations of criminal conduct under the PP any 9 jurisdiction of the Police Department. r t..tR JUNE 23, 1993 MR PANITZ . MR ELRICK MR RUGO BARNSTABLE TOWN COUNCIL DEAR SIRS; IT SEEMS THAT YOU ARE THE LAST OPTION THAT I HAVE WITHIN THE BARNSTABLE TOWN HALL TO BE ABLE TO PROVIDE A SAFE AND HAPPY LIVING ENVIROMENT FOR MY FAMILY SO THAT WE CAN PURSUE THE AMERICAN FREEDOMS OF LIFE, LIBERTY AND THE PURSUIT OF HAPPINESS. ENCLOSED, YOU WILL FIND DOCUMENTS THAT DETAIL SOME OF THE PROBLEMS WE HAVE BEEN HAVING WITH OUR HOME AND OUR ATTEMPTS TO HAVE THESE PROBLEMS ADDRESSED BY THE APPROPRIATE PEOPLE AT THE TOWN HALL SINCE JANUARY OF 1993. OUR PLEAS FOR HELP HAVE GONE UNANSWERED EXCEPT FOR THE INVESTIGATION PERFORMED BY THE BARNSTABLE POLICE DEPARTMENT INTO OUR COMPLAINTS OF ATTEMPTED EXTORTION BY RICHARD BEARSE, BUILDING DERPARTMENT, AND THE ISSUANCE OF A FRADULENT CERTIFICATE OF OCCUPANCY BY THE SAME RICHARD BEARSE. WE HAVE HAD NO COMMUNICATION FROM TOWN MANAGER WARREN RUTHERFORD OR ASSISTANT TOWN MANAGER LEON CHURCHILL SINCE MARCH OF 19937THREE MONTHS AGO. FOR OVER TWO MONTHS WE HAVE t BEEN TOLD BY THE BARNSTABLE POLICE THAT MR ARCHIBALD OF THE MASS. DEPT. OF PUBLIC SAFETY WOULD BE COMING BACK TO OUR HOME AGAIN. STILL WAITING FOR A COMMUNICATION FROM HIM. DURING ALL THIS TIME PERIOD, MY FAMILIES LIFE AND SAFETY HAVE BEEN PLACED IN DANGER BY THE CONTINUING WORSENING OF THE CONDITION OF OUR HOME DUE TO THE APPARENT DISREGARD OR INACTION BY MR' S RUTHERFORD AND CHURCHILL. IT IS TIME TO PUT AN END TO THIS INACTION AND FOR BARNSTABLE TO FULFILL THEIR MORAL OBLIGATION TO US BY CORRECTING THE PROBLEMS THEY CREATED. I WILL ALLOW YOU UNTIL JULY 89 1993 TO RESPOND TO THESE DEC 22, 1992 PETER KENNEY WXTK 278 SOUTH SEA AVE WEST YARMOUTH, MA 02673 DEAR PETER; I SPOKE WITH YOU THIS MORNING CONCERNING BUILDING CODE VIOLATIONS AND AM ENCLOSING THE INSPECTION REPORT WE RECENTLY HAD DONE. WE PURCHASED THE HOME, NEW, IN. 1988 THROUGH GOODWIN REALITY (BROKER) , SINCE CLOSED, WITH BRIAN COBB(REALTOR) , NOW OWNER OF COBB REALITY OF CENTERVILLE. THE SELLERS WERE STEPHEN HALE, ADDRESS-125 COMMON ST, QUINCY, MA, AND PETER CATTANEO OF 96 OLD COLONY AVE, EAST TAUNTON, MA. BOTH HAVE REPORTEDLY GONE OUT OF BUSINESS SINCE. WE HAD A PRIVATE HOME INSPECTION DONE AT THE TIME BY DENNIS SMITH, RECOMMENDED BY BRIAN COBB. HE FOUND A FEW MINOR PROBLEMS THAT WERE CORRECTED BEFORE WE CLOSED ON THE HOUSE. THE TOWN BUILDING INSPECTOR WAS RICHARD BEARSE. HE ALSO WAS THE BUILDING INSPECTOR THIS SUMMER WHO TOLD MY WIFE HE WAS TAKING DONATIONS FOR HIS AND HIS WIFES VACATION WHEN HE DELAYED SIGNING APPROVAL FOR SOME RENOVATIONS WE WERE HAVING DONE TO OUR CELLAR DUE TO AN IMPROPERLY INSTALLED HATCHWAY THAT HE HAD APPROVED IN 1988. WHEN REMINDED OF THIS HE SIGNED THE BUILDING APPROVAL REPORT. AS YOU CAN SEE BY THE SCOPE OF THE RECENT INSPECTION REPORT, ANY COMPETENT/HONEST BUILDING/ HOME INSPECTOR WOULD HAVE HAD TO BE BLIND NOT TO HAVE SEEN ALL THE BUILDING CODE VIOLATIONS OR SUBSTANDARD WORK. THE BANK. RELIED UPON THE TWO REPORTS TO GIVE US A MORTGAGE. WE CONTACTED THE FDIC WHICH TOOK. OVER THE BANK, COOLIDGE CORNERS COOPERATIVE BANK OF BROOKLINE, MA CONCERNING THE SUBSTANDARD WORK AND ILLEGAL ISSUING OF A BUILDING PERMIT THIS PAST SUMMER WHILE WE WERE IN DISCUSSON ABOUT- OTHER MATTERS, BUT THEY SHOWED NO INTEREST IN THE MATTER. WE CONTACTED TWO LOCAL ATTORNEYS ABOUT THE MATTER. ONE NEVER RETURNED OUR CALL FOR HELP AND THE OTHER HAS BEEN "WORKING" ON THE PROBLEM SINCE THIS PAST SUMMER AND, TO THE BEST OF OUR KNOWLEDGE, HAS NOT DONE ANYTHING BUT RETURN OUR NUMEROUS PHONE CALLS, SOMETIMES A WEEK OR MORE LATER. WE HAVE BEEN TOLD OF OTHER POSSIBLE "PAYOFFS" WITHIN THE BUILDING DEPARTMENT WHICH BORDER UPON FRAUD AND MISREPRESENTATION TO FEDERAL AGENCIES. ANY ASSISTANCE YOU COULD OFFER WOULD BE GREATLY APPRECIATED. PERHAPS YOU MIGHT BE AWARE OF A LAWYER WHO •IS WILLING TO TAKE ON OUR CASE AND SEE THAT JUSTICE IS FINALLY DONE. /ENZMOULTON TRULY, 38 HAWSER BEND CENTERVILLE, MA 02632 508-771-6365 f own or CC�arnslable J 901;ce eparlmenl - .•�a st' P. O. BOX B 1200 PHiNNEY'S LANE TELEPHONE: 77ZS-(1'387 NEIL A. NIGHTINGALE FAX: 790-0062 CHIEF OF POLICE HYANNIS, MA 02601 AREA CODE 506 June 14 , 1993 SUBJECT:• Request by Assistant Town Manager Leon Churchill for Investigation Regarding Allegations Against Town of Barnstable Assistant Building Inspector Richard Bearse TO: Neil A. Nightingale, Chief of Police FROM: Edward C. Smith, Detective-Sergeant On January 14, 1993, in compliance with your instructions, I opened an investigation based upfrom Metter sent to Mr. Warren J. Rutherford, Town Manager, Peter Kenney, containing the following: 1, Mr. Peter A. KENNEY's letter to the Town Manager, dated January (undated) regarding "Story of an Expansion n house, 2' O ( a Building Inspector, a o lawyer and money. 3. A two (2) page letter, dated December 22, 1992, from Mr. Ken MOULTON to Mr. Peter KEN M, WXTK Radio Station. 4. on SEM Eight (8) pagesstationary regardingction, etc. Mr. Ken MOULTON home inspection, I This report is limited to the allegations of criminal conduct made by Mrs. Kenneth MOULTON against Assistant Building Inspector Richard BEARSE on or about September 1, 1992. For the purpose of this report, the letter written to Mr. Peter Kenney has been broken down into six (6) different areas and an explanation of each area as follows along with the investigation: 1. Builders of the home. 2. Private home inspection. 3. Allegations that the Assistant Building Inspector for the Town of Barnstable asked for a "contribution". 4. Illegal issuance of building permit in the Summer of 1992. 5. Two (2) local attorneys working on the case. 6. Alleged payoffs within the Town of Barnstable Building Department. PAGE 2 r - ALLEGATION• 1. BUILDERS OF THE HOME. EXPLANATION• The builders of the home were Stephen HALE and Peter CATTANEO. Both of these individuals had a company and are no longer in the building business. They obtained the proper building permits to build this house starting in 1986 and was purchased by Mr. MOULTON in 1988. This Officer had conversation with Mr. Peter CATTANEO of Quincy, MA, who stated that he was in the building business and he sub-contracted a lot of the building out. Mr. CATTANEO stated that he had no idea who the sub- contractors were and he does not have records nor does his partner, to indicate who the sub-contractors were. INVESTIGATION: matter and further This is a civil m investigation at' g ion was not conducted. PAGE 3 r ALLEGATION: 2. PRIVATE HOME INSPECTION. EXPLANATION: The private home inspection was done in 1988 by Dennis SMITH and the name of the company was "The Home Inspector". This Officer spoke with Mr. SMITH who stated that he no longer works for the company. He stated that he does not keep records of the inspections that he did do, and he does not remember doing this particular inspection. This Officer checked with the Randolph Police Department regarding "The Home Inspector" who since has gone out of business. This business used to be located at 301 North Main Street, Randolph, MA. They advised that they had no information on this company. INVESTIGATION: Mr. Kenneth MOULTON also could not locate any of these inspection reports completed on his property at 38 Hawser Bend Road, Centerville, MA. Mr. MOULTON also advised this Officer that he was satisfied by the original inspection that revealed only a few minor problems. PAGE 4 ALLEGATION• 3. ASSISTANT BUILDING INSPECTOR FOR THE TOWN OF BARNSTABLE ASKING FOR A CONTRIBUTION. EXPLANATION• The letter alleges an Assistant Building Inspector for the Town of Barnstable was at the home of Kenneth MOULTON with the intent of doing a building inspection and during the course of the inspection, he told Mrs. MOULTON that he was asking for contributions for his and his wife's vacation. Mrs. MOULTON advises that she in fact did hear this and nothing else was said after that. She stated that the inspector, whom she knows as Mr. BEARSE, then left the house and -did not sign the permit or the inspection notice. INVESTIGATION: On January 18, 1993, at approximately 1600 hours, Mr. and Mrs. Kenneth MOULTON, 38 Hawser Bend Road, Centerville, MA were requested into the police facility regarding the letter that they wrote on December 22, 1992 to Mr. Peter KENNEY of WX TX Radi o Station. This Officer reviewed the letter, sentence by sentence, with both Mr. and Mrs. MOULTON. After an understanding of what they meant in the letter, this Officer then concentrated on the allegation of a contribution being solicited. This Officer then went through their statement three (3) times with them and Mrs. MOULTON stated that she was positive that he asked for a contribution for his and his wife's vacation that they were taking the. following week. When Mrs. MOULTON was asked if anyone else heard this statement, she replied no. She stated that her mother-in-law was in the house and a builder named Douglas WILLIAMS was in the cellar. PAGE 5 This Officer then asked Mrs. MOULTON what she thought the inspector meant by this statement and if she thought he was sincere. She stated that there was no question in her mind that he was looking for money and when he did not get the money he just walked out the door. Mrs. MOULTON was asked when this took place and she stated that it was around September 1st or 2nd, 1992. This Officer advised Mrs. MOULTON that these were very serious allegations being made against the Assistant Building Inspector. Both Mr. and Mrs. MOULTON were advised that an investigation would be conducted and we would have to interview the Assistant Building Inspector regarding this matter. Both Mr. and Mrs. MOULTON stated they understood this. This Officer then asked Mrs. MOULTON the following questions: Q. Do you know the name of the Assistant Building Inspector who made this comment? A. "Yes. It was Richard BEARSE. We have dealt with him before and we know him by that name." Q. Do you understand that this allegation may have to be repeated by you in a court of law or before a hearing? A. "Yes, I do." Q. I want to make it perfectly clear that I will question Mr. BEARSE and get his side of this allegation. Do you understand? A. "Yes, we understand fully." Q. In reviewing this letter, it appears that a lot of the allegations are civil in nature and you will more likely need an attorney to represent you. Do you understand that the Police Department does not get involved in civil cases, however, we will do reports on information that can be documented. A. "Yes, I understand fully." End of interview. PAGE 6 i On January 22, 1993 , this Officer requested Mr. Richard BEARSE, Assistant Building Inspector for the Town of Barnstable, into the police facility to discuss the allegations made against him. Also present was Detective Paul Everson. Mr. BEARSE was advised of all his constitutional rights and he also signed a Waiver of Rights Form stating that he understood all his rights and would be willing to make a statement. This Officer advised Mr. BEARSE of the investigation that was taking place and the allegations being made by Mrs. Kenneth MOULTON, 38 Hawser Bend Road, Centerville, MA. Mr. BEARSE was made aware of the allegations and statements that he made on or about September 1st, 1992 that he reportedly stated to Mrs. MOULTON that he and his wife were going on vacation and he was taking contributions. Also, Mrs. MOULTON stated that he did not sign the proper inspection and he walked out of the house without saying a word. This Officer then asked Mr. BEARSE a series of questions as follow: Q. Do you remember being at the MOULTON home on or about September 1, 1992? A. "No, not really. Not until I look at my log book." Q. Do you remember saying anything like what I have informed you about, asking for a contribution? A. "Absolutely not. I have never done anything like that. I wouldn't and I don't like it." End of interview. PAGE 7 A request was made through the Building Inspector, Mr. Joseph DALUZ, for a list of the vacations taken by Assistant Building Inspector Richard BEARSE for the year 1992. This list was received and it revealed that Mr. BEARSE took vacation a day at a time as follows: June 15th, June 22nd, July 6th, July 20th, July 27th, August 3rd, August 17th, August 31st, September 21st, September 22nd, September 28th, December 3rd and December 4th. On Thursday, January 28, 1993, I again requested Mrs. Kenneth MOULTON into the Barnstable Police Facility to go over her allegations of Attempted Extortion by the Assistant Building Inspector, Richard BEARSE. I again asked Mrs. Kenneth MOULTON to repeat what she heard Mr. BEARSE say at her home. She went on to state that he told her that he and his wife were going on vacation and he was accepting contributions. I then informed Mrs. MOULTON that I wanted her to be very serious on her thinking of what he meant. She said, "He wanted money. I didn't give it, so he left without signing the permit." I then advised Mrs. MOULTON that we had no other witnesses to this alleged incident which she stated she understood. I asked her if she wished to proceed on this investigation because what she had repeated to me is a crime. Mrs. MOULTON stated that she realizes this and wished to go forward. She then stated from what she understands, that he (Mr. BEARSE) should go to court for what he said to her. I then advised Mrs. MOULTON that we (police department) would assist her in applying for a hearing before First District Court before a complaint is taken. I explained to her what this meant, that she would have to repeat these allegations before a Clerk Magistrate and he would decide if there was enough evidence to go forward to the next step. Mrs. MOULTON stated that she understood this and would be willing to do this. On Friday, January 29, 1993, a hearing motion was applied for in Barnstable First District Court with the crime of Attempted Extortion. This was signed by Mrs. Kenneth MOULTON with a hearing date set for Thursday, February 25, 1993. PAGE 8 � T On March 11, 1993, a hearing was held before Magistrate Charles P. ANDRADE at Barnstable First District Court. Present at this hearing were Virginia MOULTON, Kenneth MOULTON, Richard BEARSE and his attorney, Bruce GILMORE along with this Officer. i f The hearing has been taken under advisement by Clerk Magistrate ANDRADE at this time, stating he will release his findings in three (3) to four (4) days. When Mrs. MOULTON gave her testimony before the Magistrate, she sated that this conversation took place outside of the house where Mr. BEARSE was requesting a contribution for. he and his wife's vacation. Mrs. MOULTON had previously stated to me that this conversation took place inside the house. She also stated that this was said twice by Mr. BEARSE. When first questioned on January 18, 1993, Mrs. MOULTON told me that it was said once and he walked out the door without turning back. On May 17, 1993, this Officer received information from Detective John Drohan, Barnstable Police Department Court Prosecutor. He advised me that the complaint against the Assistant Building Inspector, Mr. Richard BEARSE, was denied by the Clerk of Courts. A 10-day appeal period has gone by. I have spoken with all the parties involved and Mr. MOULTON advised me that he and his wife would not pursue the appeal process. PAGE 9 _ a r ALLEGATION: 4. ILLEGAL ISSUANCE OF BUILDING PERMIT IN THE SUMMER OF 1992. EXPLANATION: Investigation revealed that the issuance of the permit in 1992 was in order. Mr. MOULTON is referring to the home occupancy permit in 1988. INVESTIGATION: Further investigation revealed that the building permit for 1992 was in order; Permit #35139, Applicant: Ken MOULTON, dated June 17, 1992. When this was brought to the attention of Mr. MOULTON, he said what he really meant was the occupancy permit of July 1, 1988, Permit #30440. When Mr. MOULTON was asked what he meant by this, he stated that the weather card or the card that.was supposed to be on the building had not been signed by any building inspector. In checking with the Building Inspector Department and also obtaining a copy of the card, it can be seen that the building permit card is indeed not filled out by an inspector of the building department. When Mr. DALUZ of the Building Department was asked about this, he stated that it was permissible for the inspectors to keep their own private log book and information was kept in the log book. When Mr. BEARSE was questioned about this, he informed this. Officer that he had some reports and they were kept in his own personal log book which was approved by the Building Inspector, Joe DALUZ, and they were at his home. I then asked Mr. BEARSE if any reports are kept on file at Town Hall to show the inspections were completed and he stated no, that they were only in his personal log book. Mr. BEARSE then informed me that if he could find them he would bring them in for me to look at. I then asked Mr. BEARSE if these were official records of the Town of Barnstable Building Inspectors Office and he informed me that he didn't think so. PAGE 10 ,r He stated that the record .system is pretty poor, that they keep their own records and they don't have to do reports. On January 25, 1993, Mr. Richard BEARSE brought in his personal log books for this Officer to look at and copy, if needed. He stated that I could keep them for as long as I needed to. While looking through the log books, it was noted that the entry made on February 9, 1987 at 0845 hours (see copy) , this entry indicates "Cattaneo, Lot 32, Howser Bend Road, Found." Mr. BEARSE stated that this was a foundation check. I asked him if it came up to code and passed as satisfactory and he stated to me, "I guess so". It was also noted on the entry made on April 9, 1987 at 0800 hours (see copy) , this entry indicates "Cattaneo, Hawser Bend Road, Frame, Rafters, Ceiljoist, Hqrs Hdrs, Cut Joist, Siding Nailing. Spoke with Building Owner. I asked Mr. BEARSE what was meant by this with all the items indicated and he stated that he didn't know, that something must have been wrong. I asked him if these things were wrong, what he did about it and if he ever went back to inspect it again. He stated again that he did not know. I asked Mr. BEARSE if there were any other records to indicate what he did on this individual lot and he stated, "No, I do not think so." I asked Mr. BEARSE if he remembered who he spoke with and he stated that he had no idea. Also, noted on the entry made on December 23, 1988 at 1215 .hours (see copy) , this entry indicates Cattaneo, Lot 32, Howser Bend, Occper. PM. I asked Mr. BEARSE why this entry was made and he stated it was for an occupancy permit. I asked him what he did for this final inspection and he informed me that it was a walk through to see if things were in order. He stated that things must have been in order because he signed the permit. I asked Mr. BEARSE if he did anything about the entry made on April 9, 1987, that he stated was unsatisfactory, and he stated that he did not know. With all the information received from the Building Inspectors Office and also speaking with the Building Inspector Joseph DALUZ and the Assistant Building Inspector Richard BEARSE and reviewing the log books, it appears that there is a serious deficiency with record keeping in this office. PAGE 11 1. Proper reports are not made out as we can see from the documentation. It appears that permits are signed from memory or from log books that have been approved by the Building Inspector Joseph DALUZ. The Assistant Building Inspector, who did the inspection on this certain home, can not remember himself what he has inspected or what he meant with the items that were written down in his log book. 2. It appears that the log books are not official documentation but the property of the individual inspector. I asked Mr. BEARSE what would happen if these log books were lost and could not be found. He indicated that there would probably be no record of any inspection. 3. As we can see by the little documentation that we have and in interviews with the Assistant Building . Inspector, Richard BEARSE, it is very difficult to do a report that would indicate where the problem lies with this particular piece of property. Basically, what was learned is that there are no official reports or back up data on inspections. All information is relied on memory or log books with unknown meanings. On January 18, 1993, when Mr. and Mrs. Kenneth MOULTON were at the police facility reviewing the letter that they wrote to the radio station, a conversation started about the sentence in the letter indicating that they were referring to a private home inspection done by Dennis SMITH of the Home Inspector. Mr. MOULTON stated that he was referring to this but he was also referring to the Building Inspector's Office of the Town of Barnstable. He stated that they should have found the major defects found by Douglas WILLIAMS when he did the home inspection service in 1992. As the investigation progressed regarding Mr. and Mrs. MOULTON's complaint, this Officer noted that they paid for a private home inspection that was done on July 5, 1988 (check payable to The Home Inspector) . However, there are no reports available for review. This business has gone bankrupt. The individual that conducted the inspection does not keep records nor does he remember doing the home inspection. It should be noted that the inspection, according to Mr. MOULTON was complete and he was satisfied. However, there were a few minor problems and were reportedly to have been corrected when the home was purchased. PAGE 12 r A period of time has gone by and Mr. and Mrs. MOULTON were having work done on their house by a builder named Douglas WILLIAMS of Marstons Mills. Sometime during the building process, Mr. WILLIAMS mentioned that he had a home inspection service. Mr. and Mrs. MOULTON then had this service inspect their home. This is when the major defects were reported to have been found in the home. (See report of the Southeastern Mass Home Inspection dated July 31, 1992. ) A copy of the job card, or weather card, and other data relating to the home being built in 1986 was requested from the Town Hall. When the information was sent to the police facility, it can be observed that the card itself has not been filled in for approvals by the Building Inspector's Office. However, a certificate was issued for the occupancy of the home, Permit #30440, signed by Richard BEARSE, Deputy Inspector for the Town of Barnstable. On January 22, 1993, Mr. Richard BEARSE was asked about this particular incident on this home. He could not give an answer but said he would check his log book for 1987 and 1988 to see what approvals were given. On January 22, 1993, Mr. BEARSE brought his log book into the police facility for this Officer to view. (See copy of the log book dated February 9, 1987 and April 9, 1987. ) Mr. BEARSE stated that his notes indicate that some type of problem with the rafters, ceiling headers, cut joists and siding nails. I asked him what type of problem and he stated that he did not know. I then asked him if he went back to see if the corrections were made and he stated that he did not remember. I then asked Mr. BEARSE how he could have issued an occupancy permit if reports had not been filled in on the job card and he indicated that this was done from his log book. I then again had conversation with Mr. and Mrs. Kenneth MOULTON in reference to the two (2) different inspections and to see if they would allow a third (3rd) inspector, impartially, to inspect their home. Mr. MOULTON agreed that he would do this and he said that if any defects were found being major that the Building Inspector should have found before in 1986 or 1987 that he wanted the Town Manager or the Town Council to pay for the work. PAGE 13 I - Mr. MOULTON stated he wanted to feel comfortable and safe in his home and satisfied with any major work that may have to be done. He further stated that if the Town Building Inspector had done his job in the beginning his private home inspector, Douglas WILLIAMS, would have not come up with all these major defects at a later date. On May 17, 1993, this Officer contacted William A. ARCHIBALD, State Building Inspector, Divisions of Inspection, 1-508-821-9375. I informed him of the outcome of the criminal complaint being denied. He informed me that he is very much aware of; the problems in the Building Inspector's Office and he will' be down to go through the MOULTON home. He could not give me a time or date when that would take place He did state that he would make arrangements with 'the MOULTONS so they could be there and also would notify this Officer. PAGE 14 ALLEGATION: 5. TWO (2) LOCAL ATTORNEYS WORKING ON THIS CASE. EXPLANATION: This Officer spoke with Mr. MOULTON regarding this and he does not wish to name the attorneys who are working on the case. As a result, any conversation would be unattainable. INVESTIGATION: No investigation conducted on this allegation. PAGE 15 i ALLEGATION: 6. PAYOFFS WITHIN THE TOWN OF BARNSTABLE BUILDING DEPARTMENT. EXPLANATION• This Officer spoke with Mr. MOULTON regarding this allegation. Mr. MOULTON stated that this was strictly a rumor that he had heard while at the Elks, Knights of Columbus or when he works at Bingo. He has absolutely nothing to substantiate these allegations. INVESTIGATION: No investigation conducted on this allegation. On July 1, 1993 I again had conversation with Mr. William ARCHIBALD, the State Building Inspector. He informed me that he realizes he has to inspect this home and is attempting to finalize all details. Respectfully submitted, Edward C. ith Detective-Sergeant PAGE 16 r - - MARCH 18, 1993 WARREN RUTHERFORD TOWN MANAGER TOWN OF BARNSTABLE 367 MAIN ST HYANNIS, MA 02601 DEAR MR RUTHERFORD; I WANT TO TAKE THIS OPPORTUNITY TO THANK YOU FOR TAKING TIME FROM YOUR BUSY SCHEDULE YESTERDAY TO SPEAK WITH ME ON THE TELEPHONE AND TO RESTATE A FEW OF THE TOPICS WE DISCUSSED. 1)AS OF YESTERDAY AFTERNOON, THE CRIMINAL COMPLAINT AGAINST MR BEARSE IS STILL UNDER ADVISEMENT BY THE CLERK MAGISTRATE AT THE BARNSTABLE DISTRICT COURT AND WE ARE AWAITING HIS AND THE DISTRICT ATTORNEYS DECISION ON WHETHER TO CHARGE MR BEARSE. 2)AS I MENTIONED TO YOU DURING OUR PHONE CONVERSATION, THE PROBLEM CONCERNING THE ROOF AND WALLS COLLAPSING HAS CREATED ANOTHER MAJOR HEALTH AND SAFETY ISSUE, LEAKING WATER CAUSED BY THE ROOF BEING CONSTRUCTED IN VIOLATION OF BUILDING CODES. AS I TOLD YOU, THE WATER SHORTED OUT OUR ELECTRICAL SMOKE DETECTORS AND COULD HAVE CAUSED A FIRE. THE CENTERVILLE FIRE DEPARTMENT CAPTAIN TOLD ME ON MARCH 13, 1993, THAT IF HE CAME OVER AND SAW THE WATER LEANING INTO THE ELECTRICAL SYSTEM, WE WOULD HAVE BEEN ORDERED OUT OF OUR HOME. 3) I AGREE WITH THE SUGGESTION OF MR ARCHIBALD THE STATE PUBLIC SAFETY INSPECTOR THAT AN INSPECTION SHOULD BE fl-DERFORMED BY A QUALIFIED STRUCTURAL ENGINEER. THIS WILL DETERMINE THE FULL EXTENT OF THE PROBLEMS WITH OUR HOME SO THAT A MONETARY VALUE CAN BE REACHED TO SEE IF IT IS EVEN WORTHWHILE TO CORRECT THE MANY PROBLEMS OR TO JUST CONDEM THE HOME AS UNSAFE TO LIVE IN. 4)ANDY MACHADO OF THE BARNSTABLE ASSESORS OFFICE VIEWED OUR HOME THIS MORNING TO REAPPRAISE OUR HOME DUE TO THE MANY BUILDING CODE PROBLEMS. HE ALSO STATED THAT A STRUCTUAL ENGINEER SHOULD BE BROUGT IN TO FULLY EVELUATE THE MANY PROBLEMS HE 'SAW. WE AGREE AND ie AWAIT YOUR PHONE CALL TO NOTIFY US OF WHEN YOU WILL HAVE THE ENGINEER COME IN. PLEASE GIVE ME AT LEAST 24 HOURS NOTICE. 5)AN ISSUE WE DIDN' T DISCUSS YESTERDAY BUT HAS COME TO MIND IS, SHOULD THE ENGINEER OR FIRE CHIEF FELL THE HOUSE SHOULD NOT BE HABITATED, WHERE WILL THE TOWN HAVE MY FAMILY LIVE AT THE TOWNS EXPENSE?THE HOME WILL HAVE TO ACCOMODATE 5 PEOPLE AND BE HANDICAPPED ACCESSABLE FOR MY SON. WHERE WILL MY FAMILIES BELONGINGS BE STORED, AT THE TOWNS EXPENSE, DURING THIS PERIOD? 6) AS WE HAD STATED TO DETECTIVE SGT. SMITH DURING QUESTIONING AND TODAY TO MR MACHADO, WE HAD BEEN TOLD BY INDIVIDUALS THAT THE BUILDERS OF OUR HOME WERE SIGHTED BY THE HEALTH DEPARTMENT, A NEIGHBORS COMPLAINT WAS ISSUED, FOR DUMPING PAINT AND OTHER DANGEROUS TYPES OF MATERIAL IN A DUMP HOLE IN THE FRONT YARD. WE WERE TOLD THAT THE HOLE WAS COVERED UP WITH THE MATERIAL STILL IN THE WHOLE. AS YOU CAN SEE THESE PROBLEMS ARE VARIED AND PRESENT MANY HEALTH AND SAFETY ISSUES FOR MY FAMILY AND THE NEIGHBORHOOD AS WELL. SHOULD YOU HAVE ANY QUESTIONS, FEEL FREE TO CONTACT ME. YOURS TRULY, .EN MOULTON 38 HAWSER BEND CENTERVILLE, MA 02632 (508)-771-6.365 MARCH 9, 1993 WARREN RUTHERFORD TOWN MANAGER TOWN OF BARNSTABLE .367 MAIN ST HYANNIS, MA 02601 DEAR MR RUTHERFORD; WE SEEM TO BE AT A TURNING POINT IN REGARDS TO THE PROBLEMS WE HAVE WITH OUR HOME. I HAVE REQUESTED AN ABATEMENT ON OUR PROPERTY TAXES (SEE ENCLOSED DOCUMENTS) AND ARE WAITING FOR AN APPROPRIATE RESPONSE. ALSO I SPOKE WITH POLICE DETECTIVE SGT. SMITH TODAY AND INFORMED HIM THAT I BELEIVE IT IS UNFAIR FOR US TO CONTINUE TO PROVIDE EVIDENCE CONCERNING THE ILLEGAL AND UNSAFE CONDITION OF OUR HOME AND THAT WE ARE NOT ALLOWED TO SEE OR HAVE COPIES OF ANY OF THE REPORTS CONCERNING THE INVESTIGATION. I ALSO INFORMED HIM THAT MY WIFE AND I WERE VERY UPSET WITH THE STATE INSPECTOR, MR ARCHIBALD, DUE TO SOME COMMENTS HE MADE CONCERNING ISSUES ABOUT BUILDING THAT HE FELT WE SHOULD HAVE KNOWN. MORE DISTURBING THOUGH WAS HIS CRITICISM OF MY WIFE' S WAY OF SPEAKING IN THE PHRASES SHE USED AND HER ACCENT. WE BOTH CONSIDER THAT COMMENT TO BE HIGHLY INSULTING BECAUSE WE ARE BOTH VERY PROUD OF OUR PARENTAL AND ETHNIC HERITAGE. WE WERE ALSO VERY UPSET BECAUSE I HAD TOLD SGT. SMITH THAT I WANTED AT LEAST 24 HOURS NOTICE OF WHEN MR ARCHIBALD WOULD BE COMING BECAUSE I WANTED TO BE THERE. WE WERE GIVEN LESS THAT 5 HOURS NOTICE WHICH CAUSED ME TO HAVE TO LEAVE WORK EARLY, CAUSING A HARDSHIP. FOR THESE REASONS THAT I HAVE JUST STATED, WE FEEL THAT GIVEN THE AMOUNT OF TIME THE TOWN HAS BEEN GIVEN TO INVESTIGATE THEZ"E PROBLEMS WITH OUR HOME, STILL NO FINAL ANALYSIS, AND THE WAY WE HAVE BEEN TREATED THAT WE NO LONGER FEEL OBLIGATED TO MAKE OUR HOME AVAILABLE. TO.-YOUR INVESTIGATORS AT ANY MOMENTS NOTICE. WE ALSO WILL NOT BE ANSWERING ANY MORE QUESTIONS OR PROVIDING DATA BECAUSE AS I STATED EARLIER, THE. INFORMATION THAT HAS BEEN GATHERED HAS NOT BEEN MADE AVAILABLE TO US, THE PEOPLE WHO HAVE BEEN HURT. WE ARE WILLING TO MAKE ONE LAST ATTEMPT AT RESOLVING THIS ISSUE IMMEDIATELY BUT WILL ONLY DEAL WITH YOU AND ONLY IF THE DATA THAT HAS BEEN COLLECTED TO THIS POINT IS MADE AVAILABLE TO US. SHOULD YOU HAVE ANY QUESTIONS, .FEEL FREE TO CONTACT ME. YOURS TRULY, EN MOULTON 38 HAWSER BEND CENTERVILLE, MA 02632 1 FEBRUARY 18, 1993 TAX COLLECTOR TOWN OF BARNSTABLE TOWN HALL HYANNIS, MA 02601 DEAR SIRS; WE RECENTLY LEARNED THAT OUR HOME WAS NOT BUILT ACCORDING TO THE LEGAL BUILDING CODES AND THAT IT WILL COST ANYWHERE FROM $25, 000 TO POSSIBLY $50, 000 TO CORRECT THE VIOLATIONS THAT WERE APPARENTLY OVERLOOKED WHEN THE CERTIFICATE OF OCCUPANY WAS ISSUED ON JULY 11 1988 BY THE BARNSTABLE BUILDING DEPARTMENT. DUE TO THIS RECENTLY LEARNED INFORMATION, WE REQUEST THAT ANY PROCEEDINGS TO COLLECT ANY BACK TAXES BE IMMEDIATELY HALTED AND THAT AN ABATEMENT BE GIVEN TO REFLECT THE DOWNWARD ADJUSTMENT IN THE TOWNS APPRAISAL OF OUR HOME, DATING BACK TO JULY 22, 1988 WHEN WE PURCHASED THE HOME, DUE TO THE LOWER APPRAISAL PRICE THAT OUR HOME SHOULD HAVE BEEN LEGALLY GIVEN. THIS ABATEMENT WILL IN NO WAY DISCHARGE THE TOWN OF BARNSTABLE FROM ANY CIVIL ACTION DUE TO THE ISSUANCE OF THE CERTIFICATE OF OCCUPANCY. WE THANK YOU FOR YOUR ANTICIPATED AND SPEEDY RESPONSE TO THIS PROBLEM. SHOULD YOU HAVE ANY QUESTIONS, FEEL FREE TO CONTACT US. YOURS TRULY, VIRGINIA MOULTON .ENNETH MOULTON (PROPERTY OWNER) 38 HAWSER BEND 38 HAWSER BEND CENTERVILLE, MA 02632 CENTERVILLE, MA 02632 02-18-19,g3 09:48AM FROM BARNSTABLE POLICE DEPT TO 16177270755 P.02 DEC 22 , 1992 PETER KENNEY WXTK 278 SOUTH SEA AVE WEST YARMOUTH, MA 02673 DEAR PETER; I •SPOKE WITH YOU THIS MORNING CONCERNING BUILDING CODE . , VIOLATIONS AND AM ENCLOSING THE INSPECTION REPORT WE RECENTLY . HAD DONE.WE PURCHASED THE HOME, NEW, IN 195 THROUGH GOODWIN REALITY(BROKER) , SINCE CLOSED, WITH BRIAN COBE(REALTOR) , NOW. OWNER OF COBB REALITY OF CTNTERVILLE.THE SELLERS WERE STEPHEN HALE, ADDRESS-125 COMMON ST, QUINCY, MA, AND PETER CATTANEO OF 96 OLD COLONY AVE, EAST TAUNTON, MA.BOTH HAVE REPORTEDLY GONE OUT OF BUSINESS SINCE.WE HAD A PRIVATE HOME INSPECTION DONE AT THE TIME BY DENNIS SMITI RECOMMENDED BY BRIAN COBB.HE FOUND A.FFEEW MINOR PROBLEM� THAT , WERE CORRECTED BEFORE WE CLOSED ON THE HOUSE.THE TOWN BUILDING INSPECTOR WAS RICHARD BEARSE.HE ALSO WAS THE BUILDING INSPECTOR. THIS SUMMER WHO TOLD MY WIFE HE WAS TAKING DONATIONS FOR HIS AND HIS:- WIFES VACATION WHEN HE DELAYED SIGNING APPROVAL FOR SOME RENOVATIONS WE WERE HAVING DONE TO OUR CELLAR DUE TO AN IMPROPERLY INSTALLED HATCHWAY THAT HE HAD APPROVED IN 1988 . �tHEN REMINDED OF THIS HE SIGNED THE BUILDINGS APPROVAL REPORT.AS YOU CAN SEE BY THE SCOPE OF THE RECENT INSPECTION REPORT, ANY COMPETENT/HONEST BUILDING/ e.; .; HOME INSPECTOR. WOULD HAVE HAD TO BE BLIND NOT TO HAVE SEEN ALL THE BUILDING CODE VIOLATIONS 012 SUBSTANDARD WORKrTHE BANK RELIED UPON THE TWO REPORTS TO GYVE US A MORTGAGE.WE CONTACTED THE FDIC WHICH TOOK OVER THE BANK, COOLIDGE CORNERS COOPERATIVE BANK OF BROOKLINE, MA CONCERNING THE SUBSTANDARD WORK AND ILLEGAL ISSUING OF A BUILDIgq-- EM,LT THIS PAST SMOIER WHILE WE WERE IN DISCUSSON ABOUT OTHER MATTERS, BUT THEY SHOWED NO 02-18-1993 09:49AM FROM BARNSTABLE POLICE DEPT TO 16177270755 P.03 INTERES`I IN THE MATTER.WE CONTACTED TWO LOCAL ATTORNEYS ABOUT THE 14ATTER.ONE NEVER RETURNED OUR CALL FOR HELP AND THE OTHER HAS BEEN "WORKING" ON THE PROBLEM SINCE THIS PAST SUMMER AND, TO THE BEST OF OUR KNOWLEDGE, HAS NOT DONE ANYTHING BUT RETURN OUR NUMEROUS r PHONE CALLS, SOMETIMES A WEEK OR MORE LATER.WE HAVE BEEN TOLD OF OTHER POSSIBLE "PAYOFFS" WITHIN THE`BCT LI AING_ DEPARTMENT WHICH BORDER UPON FRAUD AND MISREPRESENTATION TO FEDERAL AGENCIES.1 ANY ASSISTANCE YOU COULD OFFER WOULD BE GREATLY APPRECIATED. PERHAPS YOU MIGHT BE AWARE OF A LAWYER WHO IS WILLING TO TAKE ON OUR CASE AND SEE THAT JUSTICE IS FINALLY DONE. AN 076" TRv�LY, _- 38 HAWSER BEND CENTERVILLE, MA 02632 508-771-6365 DEAR MR D'I,IJJ7 I SEEM TO HAVE A PROBLEM THAT I NEED YOUR ASSISATNCE WITH. WE RECENTLY ATTEMPTED TO HAVE OUR BATHROOM MADE HANDICAP ACCESSABLE BY ANTHONY DEJON OF DEJON ASSOCIATES OF S MARION DR. IN BOURNE, MA. AFTER FURTHER CHECKING WITH YOUR OFFICE, WE HAVE DISCOVERED THAT MR DEJON NEVER CONTACTED ANYBODY FROM YOUR OFFICE OUR TOOK, OUT A BUILDING PERMIT AS IS REQUIRED BY LAW. HIS WORK. HAS VIOLATED BUILDING CODE REQUIREMENTS AND HAS MADE THE AREA UNSAFE AT THIS TIME. HE EVEN 'CUT FOUR STRUCTURAL SUPPORT BEAMS IN THE CELLAR WHICH IS A BUILDING CODE VIOLATION SO WE ARE TOLD. WE HAVE BEEN TOLD BY YOUR OFFICE THAT WE SHOULD FILE A .COMPLAINT WITH YOU. WE ARE NOW. WE REQUEST THAT YOU SEIZE THE LICENSE OF DEJON ASSOCIATES AND PREVENT THEM FROM DOING ANY FURTHER BUSINESS IN THIS STATE AS YOUR OFFICE HAS TOLD US YOU CAN DO THIS OR HAVE THIS ACTION TAKEN AND THAT YOU HELP US IN REGAINING THE FUNDS REQUIRED TO HAVE THIS WORK DONE LEGALLY AND CORRECTLY. YO .S RULY, .`N LTON 38 HAWSER BEND CENTERVILLE, 71A 0-263` CC:CORD irlC-`SS .REHAB, DEJON ASSOCIATES ATTORNEY GEi\JE Rt`-`iL < 'q 0 The Town of Barnstable '"'"7""` Inspection Department 367 Main Street, Hyannis, MA 02601 J 508-790-6227 Joseph D. DaLuz Building Commissioner September 8, 1992 Mrs. Virginia Moulton 38 Hawser Bend Centerville, MA 02632 RE: A=192 093 38 Hawser Bend, Centerville Dear Mrs. Moulton: There is no record of a building permit on file in this office to authorize handicapped renovations in the first floor bathroom at the above address. If I may be of any further assistance please contact this office. Very truly yours, is ar . earse Building Inspector RRB/gr `s 3 � � P 1?2 0 .3. F A 1 .9 A L D �4 T A KEY 117117 MOULT V,- VINGINIA M LAND BLD/FEATURES BUILDINGS NUMBER ZNIFL=RC 33,500, 132,800 A-COST 166,300 B-MR7 Ll Y ti r,i BY ML 10/89 C-INCOME FCA=1011 PCS=00 SIZE= 1925 JUST-VAL, 166,300 LEV=300 CONST-C 0 TO CONTROL AREA 37AC TREND EXCEEDS STANDARD NEIGHBORHOOD 37AC CENTERVILLE PARCEL CONTROL AREA TREND STANDARD 10.7 lo LAND-TYPE "500J LANO-PEAN 16b,300j a66,i 8 1 llpkOv -to". - 2 5 F F 0 H r P3. E J -VAL-STAT LOCALIT_k� a!...AID 'B/FEAT STR iS TRb�l*.:ri".'r Tt�k i i�LNR]LAND LFT "IMP7ADJ?S/5 Cr njMARKET INC]INCOME PMRJFERMITS NO-[000.j DATA-[ &192 092. F E P M I T QMTj ACTIOH[RJ CARDfOOOj KEY 117117 7 ­,-,r i� 00000000] PERMIT—NO NO YR TYPE VALUE CK—BY NO YR %CnP NEW;DEMO COMMENT R192 093. P E R M 1 T FMT ACTIONCR CARDCOj 171171 00000000] PERMIT—NO NO YR TYPE VALUE CK—BY NO YR %CNP NEVIDEMO COMMENT [00440j [02] fS7] fUVJ 1 74000] CLEJ f0ij fSSj [100j [NEW I [CE I STORY] fB351391 [06j f921 [AD] j 7500j f I f00J E001 fOOOj fNEV ] [CE ALTER. j f i c i f i f i f I i f i f i 1 1 f f I f i f i f i f 1 f f i f I f i f i f i I f i f i f i f i i i f i f I f i f i f i f f i f I f i f i i i f i f I f i f I f i f I J f .1 f i f 1 .1 f Jf J f I f .7 1 f J f i c i f i C i I C _f f 02-18-1993 09:50AM FROM BARNSTABLE POLItEE ADEPT TO 16177270755 P.05 SEE SOUTH EASTERN MASSACHUSETTS HOME INSPECTION SERVICE 14 Nelson Une. Marstans Mllls, MA 02648 C508) 428.3362 TOLL FREE I.617.230-$W Uo�yLAs L . L�II ,.MS o1-6961 L .c.s. Mr . Mrs Moulton " �1 38 Hawser Lane ` Centerville Massachusetts 02632 / August 1, 19492 Dear Mr. & Mrs Moulton, The enclosed report is the result of an inspection performs on your house at 38 Hawser bane, Centerville, Mass on d 28 .,7uiy, 1992, at 1 :00 PM- The dollar figure to the right of each line item is -the cost to repair or replace the item. paged. irt•forma'tional Page .2 ' Den off garage entry, The door Is not properly set and the result is the margin is not even and allows draft to enter '0 �$60 Poor fit at the door casing miters the window is starting to rot due to leaks from above and there is consideralble mildew hers. $790.00 the door to the cellar is improperly set + $60 The french doors to the living room have no way to latch them together or to cause them to remain closed There is evidence of leaks over the bay window on the ceiling. Page 3 There is a .leak that is rotting the floor by the french door leading to the deck. (repair and refinish the floor) $765.00 this has been caused by improper flashing and roofing above. The window cashings and sill have rough edges and were never properly finished or sanded prior to paint $$245.0p The fireplace has a large void behind the lintie that leads up to unprotected wood headers. This Is and the unit should not be used until repaired a fire hazard $40.00 J The chimney was never flashed to the roof ,as required 3404.3.5.3 state code $ 44 02718-1993 09:51AM . FROM BARNSTABLE POLICE DEPT TO 16177270755 P.09 SEM SOUTH EASTERN MASSACHUSETTS HOME INSPECTION SERVICE 14 Nelson Lane. Marstons Mills, MA 02648 (508) 428.3562 TOLL FM 1-617.2A5389 The front stoop is required to be 36." in width roof section is collapsing in the front valley sections and the rear sections due to improper roof framing used here. Many of the reafter have insuficient nailing' and the valley rafters are spliced and not of suficient size or number to support the roof system. 3406 .2.4 There is a knee wall supporting the rafters on the roof section over the front porch that hase only a single plate where a double is required. the side wall of the house to the far right has bowed out about 4 ' in the center and is the result of improper roof framing. The shingled valley is separating and leaks are appearing in theroof. A section of the rear roof has shingles on a slope less than 4" per foot 3406 . 1 3406.2. 3 3406.2.4 The roof needs to be removed to facilitate these repairs and the wail has to be main straight. This may meen removing the entire roof section from the front door to ythe right of the door and interior sheet rock and supports. The wall could then be straightened and then the roof reconstructed. The roof will have to be entirely re shingled and flashed. estimated at $12,345.00 The roof needs ventilation $185.00 The flashing over the windows is too large and projects ' over the trim $234 .00 The bulkhead was improperly installed and is leaking it .was never fastened or flashed $123.00 The trim ofer the garage doors was never flashed 3404 . 3.5.3 1. 02-18-1993 09:50AM FROM BARNSTABLE POLICE DEPT TO 16177270755 P.07 SEM .[ SOUTH EASTERN MASSACHUSETTS HOME INSPECTION SERVICE 14 Nelson Lane, Marstons Mills. MA 02648 (SOB) 428.3562 TOLL FM 1.617.230.53W The wood trim is required to be 12" from the fireplace opening and only 9" is present. $235.00 Page 5 K- tch countertops are not properly fastented to; the base cabinets . $40.00 The edges of the formica were broken in one area several of the cabinet doors were not evenly set $30 .00 Page 6 Hall bathroom door is warped and never sealed at the top and botton according to manufacturers recommendations $185.-- ,(�[and here is a dangerous lip on the edge of the handicap shower Tuey' the base appears to be improperly constructed ithout a copper -pan. $590.00 100 he shower file is improperly set and not even or sealed Ulf Page 7 $1260.00 hall/room the walls have few marks and irregularities $30 The smoke detector is required to be hard wired and . covers a hole where the hard wired unit is missing and is a battery operated unit with the battery disconnected 3401 . 14 . 1 Mass bldg code violation $80.00 Hall door to bathroom is warped $128.00. page 8 bathroom off MY Bredroom the doors top and botton were never painted or sealed and are required to be in waranty, this door is warped. The door casing an this room is split and warped The jacuzzi tub needs the grout re-done at the edges $65 .00 Specific vynal moldings for this tub are missing $60.00 There is evidence of ceiling leak over the tub and ceiling needs painting $112 .00 The wall ath one end of the tub is not plumb and needs to be corrected. $125.00 02-18-1993 09:51AM FROM BARNSTABLE POLICE DEPT TO 16177270755 P.08 (SEM SOUTH EASTERN MASSACHUSETTS HOME t�'$pECT1pN SERVICE14 Nelson Line, MUrstons M1113, MA 02648 (%8) 428-3562 TOLL FREE 2.617.230-538'9 Page- 9. M. Bedroom Lower support system caused the Settling in this area and door the won 't close properly• needs resetting r Some baseboard is missingand $80.00 The window trim is rough had led $80.00 prepared for g properly painting. $145.00 the dloset doors have poor paint finish and nails holes were never filled Page 10 $80.00 #2 bedroom The entry door is poorly fastened and not 'hung properly poor prep on window wills $80.00 Closet doors need to be fitted properly and the tri. $165.00 finished page 11 ! 165.00 Bedroom # 3 The baseboard is poorly fit and not the proper len th in many areas typical throught the house. 9 Poor prep an sills $fi5.00 $65 .00 Page 12 exterior of house the trim is in fair condition with many areas of split and warped trim. It appears that the trim never recieve Proper prime coat of apint to prevent warping: d Poor joints in the facia trim replace $387.00 replace cost. The leading edges of the rakes were never nailed and845.00 they are warping and cracking as a result very poor clappboard installation with poor quality$287.00 boards and gaps between the boards to replace $5680.00 to paint 2 coats adn prime $3, 200.00 siding has bleeding knots that were never sealed and there is no flashing on top of the skirt board on which they sit. Paint and seal $650.00 $345.00 There are cut valleys on the roof shingles which is a node violation 3407. 3. 5 requires them to be woven in IO2r-18-1933 09:52AM FROM BARNSTABLE POLICE TT DD�EPT TO 16177270755 P.10 Slvl SOUTH EASTERN MASSACHUSETTS HOME INSPECTION SERVICE 14 Nelson Lane, Marstons Mills. MA 02648 (%8) 428.3562 TOLL FREE 1•617-23CM89 page 13 the front walk is very uneaven and sunken is one area. $450.00 page 14 /14A furnace oil fired is required to have fireproofing over the unit of 5/8 firecode or equivilant the exaust flue is missing fasteners (three required at each joint ) and some exaust is escaping here. Thiss carbon monoxide gas can be fatal if in sufficient quantities. . $350.00 Water lines are missing insulation in areas $80.00 The garage €lour is required to be 4& below the top of the foundation to prevent gasses from reaching the furnace and this. is not the case here $$480.00 The garage is unfinished and needs painting thewalk door is improperly set uneaven $245.00 page 15 The electric panel is -being built into the wall here and the requirement is that 36' be all around this unit for access. Thebasement is under construction no smoke detector seen here $$5.00 Pressure treated treads on the cellar stairs are not allowed on the interior of a dwelling. $80.00 P e 15A T Cary-timber needs support that is not spanned as far as now exists support in accordance to 3403. 5.6 and the beam mus be' properly supported by steel plates in the wal]. cavity $156.00 There are many floor cracks $185 .00 firestops are missing throught 3403 .2.7 $365.00 02•-18-19*33 09:50AM FROM BARNSTABLE POLICE DEPT TO 16177270755 P.06 SEMI, SOUTH EASTERN MASSACHUSETTS HOME INSPECTION SERVICE 14 Nelson Lane, Msrstons Mills, MA 02648 (508) 428-3562 TOLL FREE 1.617-230.5389 page, 16 /16A . . attic --a gers -•' the attic access is required to be fireproofed here and the ceiling must have all voids sealed for fireproofing $450.00 The garage joist are being supported on a beam that does not meet standards for this span $650.00 The cellar stairs do not meet building code $145 .00 1 i 02-18-1993 09:49AM FROM BARNSTABLE POLICE DEPT TO 16177270755 P.04 wmm� jSEM SOUTH EASTERN MASSACHUSETTS HOME INSPECTION SERVICE 14 Nelson Lane, Marstons Mitts, MA 02648 (506) 428.3562 TOLL Fm 1•617-23o-53$9 Mr Ken Moulton 38 Hawser Road Centerville Massachusetts July 31 , 1992 Home inspection and indepth cost analysis of repairs needed for the house at this address . fee : $350.00 r I ) May 1987 a S M T W T F S ,rsd' 6 3 4 5 6 7 8 9 10 11 12 13 14 15 16 April 17 18 19 20 21 22 23 I 31 25 26 27 28 29 30 - 099/266 HOUR R• �Rwo 6 e,V d a,a,�,5 8:00 UV, -e 11 C,,L o, r �.s /N is T ,S y .8:15 MW ®�G l • vuwte'r 8:30 le w e e IeO 0,4AV 8:45 dal x> d V.4 t� 9:00 9:15 9:30 �Ad p 9:45 boome�. c r 10:00 10:15 10:30 e,r 10:45 AJ 11:00 11:15 r oed (•w ��. J � 11.30 Al ra'J'a 11:45 } 12:00 `3 12:15 12:30 12.45 1:00 1:15 1:30 1:45 2.00 2:15 2:30 2:45 3:00 3:15 3:30 3:45 4:00 4:15 4:30 4:45 5:00 :15 5:30 5:45 31 6:00 6:15 0 iC l� 6:30 Gic 1i s 6:45 7:00 f 7:15 7:3f 745 `. Monday January 1987 February 1? i S M T W T. F S S M T W T F February 4 2 6 7 8 910 8 91011 1213 18 19 20 21 22 23 24 22 23 24 25 26 27 040/325 22 28 27 28 29 30 31 i a M ,t,L 'd e-tts 8:45 / ,� 9:00 - 9:15 9:30 o G o c.� 9:45 10:00 10:15 10:45 11:00 ZIP 11:30 11:45 fL�.v T C�Q s9 12:00 ^� 12:15 12:30 12:45 1:00 1:15 1:30 1:45 2:00 2:15 2:30 2:45 3:00 y315 °-330. 3:45 4:00 4:15 4:30 4:45 5:00 515 '5:30 5:45 6:00 6:15 . 6:30 x :'6:45, 7c00 "7:15 .' Ass,sor's floe (1st floor):, f SEPTIC SYSTEM MUST BE THE T `y As .a'sor s map.and lot number .. ... .f:�a -0�...73 C( P NCE �Q•, �o i -Board of Health (3rd floor): ' �' � 5 d , Sewage Permit number ` ....�.. ..♦.-... . :... .... � � ■•'� g ........:............. 9 ENVIR0NFAEKAL C00E ANO t B9Hd9ISDLE, . Engineering Department (3rd floor): OV' �j TOW(d REGU '°o r6 q. 0�GG , p�pys� House number ..:.......................... ....3..A.......... .......... �P1�IONS 'FpYPYa\ APPLICATIONS PROCESSED 8:30..-9:30 A.M. and, 1:00.2:00 P.M. only+ ' TOWN , ,DF B-ARNSTABLE B'U-ILDIN.G INS�PECTO 3 APPLICATION FOR PERMIT TO ..:...^'u�. Tom �`� .. !?............... ... .................................... TYPE OF CONSTRUCTION ` ...................................................... Z TO THE INSPECTOR OF BUILDINGS: The undersigned hereby applies for a permit acccordir g to the following information: Location .......f?..f....... ... .............................................o..... .1....... ..A�. ........ $?.!r7ffirey/C' Proposed Use ............................................................... .... ......... .......................... r %��..l.r ....................Fire District .........................:..........:. Zoning District ..... . ..........................:........... ........................................ Name of Owner .. : FAddress .�.� �..... .fs1�'t.»t&9a . :... !.4ti.ttc,�....................... Nameof Builder .....�jdlrn.C................................................Address ...................................................................................., Name of Architect r 6. �:...6'S.RAA ...................:..............Address ...... ............: rd• ...... ... ...��^tu��l�i'�........ It ....... Number of Rooms ............�.........................'...............,...:....Foundation .... tzre.a........tic, ............................... •. Exterior .................. c'4far....l�,l �P.6:a0- ...,.?.!�YYU. .Roofing -..........A-fe. :i i!Zide.............................. Floors C.4rO.vt. m r 4..MtA P.j........:.................:Interior ..:..... .f'r.-1T--P.Ok.......r. J.,RJ ;:}.......................... y.� Heafing ............0t/ ur-Qbing .......... Fireplace .............erix, .......................................................Approximate Cost . ... �• ? ..................................... Definitive Plan Approved by Planning Board Area ...............�.o.................. Diagram of Lot and Building with Dimensions / Fee �a S • ° SUBJECT TO APPROVAL OF F BOARD OF HEALTHC5 W� OCCUPANCY PERMITS REQUIRED FOR NEW DWELLINGS. ' I hereby agree to conform to all the Rules and Regulations of`the Town f Barble regarding the above' construction. w - Name .. i` . /l !h! � `- ............. { t ' Construction Supervisor's License .. • r CA?2ANEO, PE'Ti k & STEPHEN HT-,LE" T L3 q ` 3 0 4 4 0 Permit for ....................................O1e Story Singl Family Dwelling ; ........ ............................................................ . L Location ....:L'ot- #3.2.,......3.8 ...Hawser Ber_ _ , Centerville ..... •} Y ' Owner ..,Peter Cattaneo &• Stephei� Hale r ...... ......... Type. of Construction ,Frame..'...... t ......... ?................ i ......... Plot•... .....:......... Lot ............................. Februart� .18 w Permit Granted ....... ... ..... . ............'..19 t Date of�Inspection ................ Y...............19 - -1 W ' �3 Date Completed t ........TQ�((� �y tit ti per 'altoAt ' _ # .(�}• F'. - ` A `4!" 4 R _ • s C q •'. o f , per ��r+ - r .. ., y_• T� � .. .. _ �•` 4 Ea a TOWN OF BARNSTABLE, NGASSACHUSETTS RUILt�IIVG PERMIT`�` ..'." ' A=192,-93 �T �� w OA:TEhrt ar�' '1 Q 19 P E RMIT APPLICANT -A. e:. .. .' - ' ADDRESS .. r.�.e:.3,L.. . (N0:). {STREET) - - _ - (CONTR SV�L.I L�E N S E) "" 41 _ NUMBER. OF e PERMIT TO "R11 �(�- AT�P�..��TIiCY �(_i STORY _C+{ In � e»fi .A x,al$ �, � � DWELLING UNITS (TYPE OFIMPR OVEM Et�'T) NO _�.d_ -I PR OPOS ED SSE �LL y - .. .ZONING AT (LOCATION) 32 14asxy�,13r 'RA" f'nin4F�rer�I � DISTRICT (NO.) (STREET) BETWEEN' - "SAND. (CROSS_`S TREE T) (CROSS"S7 REET)... LOT SUBDIVISION - LOTBLOCK SIZE - BUILDING IS TO BE FT: WIDE BY - ,FT:,LONG BY _ FT. I.N HEIGHT AND SHALL,CONFORM" IN CONSTRUCTION- ` TO TYPE- USE GROUP - BAS,EMEN.T,WALLS;�OR.F'OUNDA-TION - (T.YPE) REM ARKS C,9m�zncy .4R#;ef,�A'� A ,: 1 7 AftC�11 n, 1. t 1?09 a AREA OR `.. t .. ._r.,.. PERMIT VOLUME 2496 A6. ��.," F � EST(MATED COST � � 7/A K?(lIf) FEE - (CUBIC/SQUARE FEET)r ':r - _ : �•fi �� r., - OWNER `Peter.:C' ttlg'n an F+ Qtnrehrsa ul7 I ] T� BUILDING DEPT. Yl` h % ' ADDRESS 1�fi ('nxnaean n b4't a �•nnax 14A BY '�, - �-'""- ��r:"•^r�ss,.•�.-'+ts.„�:"x�-��.::--„`t%a-...�� �4 ��f.,.>�'a?t':4.3t,:.es�� ;.,�'.�z-N_,'!.t�++.h':.ru`:+Y�*:i<.:wr-:„dw,;��,K�.e^-'x*+:.��,,,,.,..,;,.:t! ..-vz=„ ^.vs.a._.r. :_ ..,'ay� -.^�k a,-F�:.•.�.. �F THE>o TOWN OF BARNSTABLE -5 - 3 ' Permit No. ........0440........ BUILDING DEPARTMENT . TOWN OFFICE BUILDING Cash 7 �Nl �trur HYANNIS,MASS.02601 Bond .......'Y........ CERTIFICATE OF USE AND OCCUPANCY Issued to PETER CATTANE© & STEPHEN HALE Address lot_ #32 , 38 Hawser Bend Road, Centerville ,k USE GROUP FIRE GRADING OCCUPANCY LOAD THIS PERMIT WILL NOT BE VALID, AND THE BUILDING SHALL NOT BE OCCUPIED UNTIL SIGNED BY THE BUILDING INSPECTOR UPON.SATISFACTORY COMPLIANCE WITH,TOWN REQUIREMENTS AND IN ACCORDANCE'WITH SECTION 119'i0 OF THE MASSACHUSETTS STATE BUILDING CODE. July 1 88 19................. 4....;.... �� ...,.......... Building Inspector /� � y TO 9iN "UF B�q� 9STABLE, MASSACHUS�TTS L1 U I L D I N "G PE \I� ' DATE'" FNhT11''Y�� 8 19 gT PI RMITi APPLICANT ADDRESS (NO.) {STREET) - .(CON S7LICENSEI a . � - NUMBER OF ' PERMIT TOt1��f1 (]jfjallino (_l�. 'STORY_" ,�}��.® $1• � ����}3g-DWELLING UNITS .(TYPE.OF.IMPROVEME ) a ..NO. -. IP R OPOSED't15 E)_ - w. AT(LOCATION)"', 3 2, 38 14,1wen1 Bond, CgEItA$VA ZONING. ! DISTRICT 11�" .(N0.) .. (STREET) BETWEEN AND (CROSS STREET) (CROSS STREET) T SUBDIVISION LOT BLOCK SIZE a. F BVI]_pING IS TO BE FT WIDE BY FT. LONG BY FT IN HEIGHT AND SHALL CONFORM IN CONSTAUCTION , -1 TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION (TYPE) REMARKS #86r-832 Appeal; AREA OR.. PERMIT VOLUME 2496 A(s f�_ ESTIMATED COST 7A nnn FEE 19S f1f1 (CUBIC/SQUARE-FEET) OWNER `" Peter CSttA^PO & SteThen Hu n BUILDING DE PT. !. ADDRESS 175 Couer lob St.y Quliicy� m BY t _ ! FROM THEDEPARTFIENT OF PUBLIC WORKS. THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS. MINIMUM OF THREE CALL APPROVED PLANS MUST 3E RETA.I"IED ON JOB AND THIS WHEFE APPLICABLE SEPARAT7 INSPECTIONS REQUIRED FOR CARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN PERMITS ARE REQUIRED FOR ALL CONSTRUCTION WORK: ELECTRICAL, PLUMBING AND I. FOUNDATIONS OR -FOOTINGS. MADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHAVI'CAL INSTALLATIONS. 2. PRIOR TO COVERING STRUCTURAL QUIRED,SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL , MINAL INSPECTION TI TO BEFORE FINAL INSPECTION HAS BEEN MADE. 3. FINAL INSPECTION BEFORE ' OCCUPANCY. POST THIS CARD SO IT IS VISIBLE FROM STREET BUILDING INSPECTION APPROVALS PLUMBING INSPECTION APPROVALS ELECTRICAL INSPECTION APPROVALS 1 I 2 2 2 r 3 HEATING INSPECTION APPROVALS ENGINEERING DEPARTMENT OTHER Z BOARD 0 LTH VVORK SHALL NOi rnuL E C.a"GL TmE ;N3,"EC PF.R.M,IT '+�!LL BECOME NULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARD CAN BE TOR HAS APPROVED THE VARIODUS STAGES OF WOitK IS NOT STAR f ED WITHIN 51; MON:nS OF v aTc Tiii .o ;J� 2y TF.col l lc ela WR11'TGN CONSTRUCTION'. PERMIT iS ISSUED AS NOTED ABOVE. NOTIFICATIONv^ V i All i I 1 U " Za �) l 'y�gT�ov Tr-i c v lu HA%.�&ci_FryJ i Pe E PA J2 E D Fo re: ' L O CA?770 t/: 1—I AI�Xo�S•Lr 3��--�� C.F�-� ��v L-tr.s—' k �c�7.c. 1 =4o aArc z O 7 ,2EFE.ecc/cE:� ��t �Z_ C4,t ► L��4�G7 'a se-- z �-./E;e E BY' CEeT/F Y TNFaT TL-/� 8CJ/LD/,VG - � i �<,�owN O.�i Tf/i5 .oGAti/ i5 LOCATED O.V THE ' =o� o f 144 S•f9� ARNE yGs ' l H. OJALA N ell o�ouin c8�e en9incerin9 #26 as k c��/iG EVGivEE�S O�FSSA IST `�_�•o✓;E G,q-.-y�,�v1o4c�rf-i;�:sf,G-�-�. ---—�_ z�R rc- .eCG. G fa Sue�/�yo B h