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Home My WebLink AboutSimmons Homestead Show Cause November 6, 2023 DELIVERED IN HAND Simmons Homestead Inn c/o William Putman, Jr. 288 Scudder Avenue Hyannis, MA 02601 NOTICE OF SHOW CAUSE HEARING Dear Mr. Putman, You are hereby notified that a Show Cause Hearing will be held to decide if the Lodging House License for Simmons Homestead, located at 288 Scudder Avenue, Hyannis, MA 02601, should be modified, suspended, or revoked. Said hearing will be held on Monday, November 13, 2023, at 9:30 a.m. or as soon as following as practical at Barnstable Town Hall, in the James H. Crocker, Jr. Hearing Room – 2nd Floor, 367 Main Street, Hyannis. Pursuant to the Code of the Town of Barnstable, Chapter 501 “General Rules for All Licensed Businesses”, we submit that Simmons Homestead is violation of the following: 501-5 RESPONSIBILITY OF ALL LICENSE HOLDERS: (b) License holders are required to attend any and all mandatory meetings held by the Licensing Division, or any Town of Barnstable Division as related to the business operation. (h) The license holder is responsible for the proper management of the premises, according to the provisions of relevant General laws of the Commonwealth or relevant Ordinances or Codes of the Town of Barnstable, any rule or regulation of any Town of Barnstable agency or of the Alcoholic Beverage Control Commission, any business plan or management policy of said license holder, or of any other means as determined by the Licensing Authority, so that unlawful acts or unlicensed activity does not occur on the licensed premises. 501-9 PHYSICAL PREMISES b) No licenses shall issue or shall be considered in good standing unless licensed premises comply with all statutory requirements, including all applicable building codes, fire, health, safety, trash, state and local tax obligations and other government regulations and laws. c) The licensed premises shall conform to the floor plan approved by the Licensing Authority with regard to the structures and the walls at the premises, as well as with regard to all tables, chairs, booths, bars, counters, barstools, dance floors or areas, railing partitions, and other barriers at the premises. Any changes in the floor plan or any renovations of any kind may not be made without notification to the Licensing Authority and the approval of the Licensing Authority. This includes substantial changes in the arrangement of moveable furniture. d) All premises covered by the license shall be kept in a clean and sanitary condition. g) The capacity set for the premises by the Building Department constitutes the maximum potential capacity for the premises, but the actual capacity of the premises may not exceed the amount approved by the Licensing Authority and stated on the license. Town of Barnstable Licensing Division 367 Main Street, Hyannis, MA 02601 www.townofbarnstable.us Telephone: 508-862-4674 ● Fax: 508-778-2412 506-3 GENERAL PROVISIONS a) Every lodging housekeeper shall keep or cause to be kept, in permanent form, a register in which shall be recorded the true name and residence of every person engaging or occupying a private room averaging less than 400 square feet floor area. Such register shall be kept for a period of one year after the last entry therein, and shall be open to the inspection of the licensing authorities, their agents and the police. You have the right to be represented by counsel at the hearing, and you will be given the opportunity to present evidence. If you cannot attend this hearing and would like to request a different date, please contact me to let me know that by Thursday, November 9, 2023. If you engage counsel, please let us know the name of your counsel so our Legal department can have someone contact your counsel. Respectfully, Erin Logan Interim Deputy Director of Asset Management & Licensing cc: Barnstable Licensing Authority Barnstable Town Attorney David Anthony, Director of Asset Management NUMBER THE COMMONWEALTH OF MASSACHUSETTS FEE TOWN OF BARNSTABLE This is to Certify that.................................................................................................................................................................................... Houses. This license is issued in conformity with the authority granted to the licensing authorities under Massachusetts unless sooner suspended or revoked for violation of the laws of the Commonwealth with respect to the licensing of Lodging LODGING HOUSE LICENSE IS HEREBY GRANTED A General Laws, Chapter 140, and amendments thereto. In Testimony Whereof, the undersigned have hereunto affixed their official signatures. SIMMONS HOMESTEAD INN Licensing Authorities ............................................................................................................................................................................................................................. in said........................................................................................................and at that place only and expires Hyannis , MA 288 Scudder Avenue , Hyannis , MA William B. Putman, Jr.d/b/a, THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE UPON THE PREMISES. 62 13 rooms December 28, 2022 December 31, 2023 $125.00 Inspection Type Status Inspector Unit Number Scheduled Inspected On Finished At Next Inspection Inspection Length Scheduled COMPLAINT - General Completed Lanman CAR 5 09/21/2023 00:00 09/21/2023 11:30 09/21/2023 12:30 French 1.00 Inspection Summary Hyannis Fire Department Inspection 22966 Shift Occupant Address City, State and Zip 288 SCUDDER AVENUE HYANNIS, MA 02601-- Occupant Name Building Name Phone Owner Address City, State and Zip 288 SCUDDER AVENUE HYANNIS, MA 02601---- Owner / Company Contact Name Phone SIMMONS HOMESTEAD INN 508---7-7-8- SIMMONS HOMESTEAD INN 508-----7-7- Contact Name Comments Unit # 4 Tenants Beau Carreiro & Hailey Ducharme 774-487-0266 came into HFD to complain: Black mold, there are no working smoke detectors, and front door exit bolted/screwed shut. I responded along with C-3 and E-2 to investigate the above complaint regarding this property. Run #23- 5826. Upon arrival at the property, the front door was found as described, with several deck screws securing the door to the door frame as well as one against the dead bolt that prevented it from being operable. At least two smoke detectors were missing. There was mold noted in a bathroom. The door leading to the third floor attic area has a hasp and padlock in place. There has been an issue in the past with this attic space being used as a sleeping area as well. Robin Anderson, ToB Zoning Enforcement Officer was notified, BCE-23-488 is on file in OpenGov. BPD were called to the scene to assist. There is an ongoing landlord - tenant issue with the reporting parties listed above. The property owner, William Putman, was present and informed of the code violations found today. The screws were removed and the entry door was made functional. Hyannis FD Fire Prevention to conduct an annual inspection on 9/27/2023 at 1000 hours. Other ToB Inspectional Officials may attend. Violation Summary Status Violation Location Date: 09/21/2023 Page: 1 - Action History Date Type NarrativeInspector , Signatures Hyannis Fire Department 09/21/2023 14:43 Signature Date Date: 09/21/2023 Page: 2 Inspection Type Status Inspector Unit Number Scheduled Inspected On Finished At Next Inspection Inspection Length Scheduled INSPECTION - Follow Up Failed/Follow Up Lanman CAR 5 10/05/2023 00:00 10/05/2023 13:00 10/05/2023 14:30 French 1.50 Inspection Summary Hyannis Fire Department Inspection 23041 Shift Occupant Address City, State and Zip 288 SCUDDER AVENUE HYANNIS, MA 02601-- Occupant Name Building Name Phone Owner Address City, State and Zip 288 SCUDDER AVENUE HYANNIS, MA 02601----- Owner / Company Contact Name Phone SIMMONS HOMESTEAD INN 508--------- SIMMONS HOMESTEAD INN 508--------- Contact Name Comments Follow-up inspection with the following reps from the ToB Inspectional services: Robin Anderson, Jeff Carter, Jim Paraziale and officer Chris Kelsey BPD. Previously noted problems/violations were still present in: Room 1 - Unresolved Room 2 - Unresolved Room 8 - New smoke alarm installed but in the wrong location. Second floor hallway @ Room 4 - Careless disposal of cigarettes was noted, resting on edge of trunk until burned out. Third floor is now unoccupied. Room 11 - Unresolved Room 12 - Not accessed during the visit. Annex - co detector present in basement but not mounted to wall. Violation Summary Status Violation Location - Action History Date Type NarrativeInspector Date: 10/05/2023 Page: 1 10/05/2023 Thank you for taking the time out of your busy schedule to assist us with your properties' recent inspection. It's extremely valuable to our community that our fire inspectors are able to visit locations, like yours, at a regular basis, and find any inadvertent safety violations that may not have been noticed. It also allows our inspectors to log crucial information that may help us during an emergency at your property. Ultimately decreasing property loss, injuries, or loss of life. Attached is a record of your recent inspection and any violations or safety issues our inspectors came across. If you have any questions or comments, please do not hesitate to call or email us. Fire Prevention & Emergency Planning Division Hyannis Fire Department 95 High School Rd. Ext. Hyannis, MA 020601 508-775-1300 Dial 2 fireprevention@hyannisfire.org Lanman, Thomas Signatures Hyannis Fire Department 10/05/2023 16:28 Signature Date Date: 10/05/2023 Page: 2 NUMBER THE COMMONWEALTH OF MASSACHUSETTS FEE TOWN OF BARNSTABLE This is to Certify that.................................................................................................................................................................................... Houses. This license is issued in conformity with the authority granted to the licensing authorities under Massachusetts unless sooner suspended or revoked for violation of the laws of the Commonwealth with respect to the licensing of Lodging LODGING HOUSE LICENSE IS HEREBY GRANTED A General Laws, Chapter 140, and amendments thereto. In Testimony Whereof, the undersigned have hereunto affixed their official signatures. SIMMONS HOMESTEAD INN Licensing Authorities ............................................................................................................................................................................................................................. in said........................................................................................................and at that place only and expires Hyannis , MA 288 Scudder Avenue , Hyannis , MA William B. Putman, Jr.d/b/a, THIS LICENSE MUST BE POSTED IN A CONSPICUOUS PLACE UPON THE PREMISES. 62 13 rooms December 28, 2022 December 31, 2023 $125.00 Inspection Type Status Inspector Unit Number Scheduled Inspected On Finished At Next Inspection Inspection Length Scheduled COMPLAINT - General Completed Lanman CAR 5 09/21/2023 00:00 09/21/2023 11:30 09/21/2023 12:30 French 1.00 Inspection Summary Hyannis Fire Department Inspection 22966 Shift Occupant Address City, State and Zip 288 SCUDDER AVENUE HYANNIS, MA 02601-- Occupant Name Building Name Phone Owner Address City, State and Zip 288 SCUDDER AVENUE HYANNIS, MA 02601---- Owner / Company Contact Name Phone SIMMONS HOMESTEAD INN 508---7-7-8- SIMMONS HOMESTEAD INN 508-----7-7- Contact Name Comments Unit # 4 Tenants Beau Carreiro & Hailey Ducharme 774-487-0266 came into HFD to complain: Black mold, there are no working smoke detectors, and front door exit bolted/screwed shut. I responded along with C-3 and E-2 to investigate the above complaint regarding this property. Run #23- 5826. Upon arrival at the property, the front door was found as described, with several deck screws securing the door to the door frame as well as one against the dead bolt that prevented it from being operable. At least two smoke detectors were missing. There was mold noted in a bathroom. The door leading to the third floor attic area has a hasp and padlock in place. There has been an issue in the past with this attic space being used as a sleeping area as well. Robin Anderson, ToB Zoning Enforcement Officer was notified, BCE-23-488 is on file in OpenGov. BPD were called to the scene to assist. There is an ongoing landlord - tenant issue with the reporting parties listed above. The property owner, William Putman, was present and informed of the code violations found today. The screws were removed and the entry door was made functional. Hyannis FD Fire Prevention to conduct an annual inspection on 9/27/2023 at 1000 hours. Other ToB Inspectional Officials may attend. Violation Summary Status Violation Location Date: 09/21/2023 Page: 1 - Action History Date Type NarrativeInspector , Signatures Hyannis Fire Department 09/21/2023 14:43 Signature Date Date: 09/21/2023 Page: 2 Inspection Type Status Inspector Unit Number Scheduled Inspected On Finished At Next Inspection Inspection Length Scheduled INSPECTION - Follow Up Failed/Follow Up Lanman CAR 5 10/05/2023 00:00 10/05/2023 13:00 10/05/2023 14:30 French 1.50 Inspection Summary Hyannis Fire Department Inspection 23041 Shift Occupant Address City, State and Zip 288 SCUDDER AVENUE HYANNIS, MA 02601-- Occupant Name Building Name Phone Owner Address City, State and Zip 288 SCUDDER AVENUE HYANNIS, MA 02601----- Owner / Company Contact Name Phone SIMMONS HOMESTEAD INN 508--------- SIMMONS HOMESTEAD INN 508--------- Contact Name Comments Follow-up inspection with the following reps from the ToB Inspectional services: Robin Anderson, Jeff Carter, Jim Paraziale and officer Chris Kelsey BPD. Previously noted problems/violations were still present in: Room 1 - Unresolved Room 2 - Unresolved Room 8 - New smoke alarm installed but in the wrong location. Second floor hallway @ Room 4 - Careless disposal of cigarettes was noted, resting on edge of trunk until burned out. Third floor is now unoccupied. Room 11 - Unresolved Room 12 - Not accessed during the visit. Annex - co detector present in basement but not mounted to wall. Violation Summary Status Violation Location - Action History Date Type NarrativeInspector Date: 10/05/2023 Page: 1 10/05/2023 Thank you for taking the time out of your busy schedule to assist us with your properties' recent inspection. It's extremely valuable to our community that our fire inspectors are able to visit locations, like yours, at a regular basis, and find any inadvertent safety violations that may not have been noticed. It also allows our inspectors to log crucial information that may help us during an emergency at your property. Ultimately decreasing property loss, injuries, or loss of life. Attached is a record of your recent inspection and any violations or safety issues our inspectors came across. If you have any questions or comments, please do not hesitate to call or email us. Fire Prevention & Emergency Planning Division Hyannis Fire Department 95 High School Rd. Ext. Hyannis, MA 020601 508-775-1300 Dial 2 fireprevention@hyannisfire.org Lanman, Thomas Signatures Hyannis Fire Department 10/05/2023 16:28 Signature Date Date: 10/05/2023 Page: 2