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2771 MAIN ST./RTE 6A(BARN.) - Health
2771 MAIN STREET, BARN_ STABLE �r'r r,• � " b r� ` r 11 A=258-034 t� { I r... J� r ri r '�f �a ul u'7 >� i, r[�rlai U Y li. F'e .i�4 fl u a Al 7 � h flt jk t. x l e , t � , � k t i i - r s 2 t s i v.4., C � LTOW/N OF BARNSTABI,E )LOCATION 771 4� l� SEWAGE# — VILLAG , 4M:S ASSESSOR'S MAP& RCELE 5_,F INSTALLER'S NAME&PHONE NO:(�'Q /�(/ i SEPTIC TANK CAPACIT /C.Xe,, LEACHING FACILITY:(ty ,� C bras size) x Pa 1y NO.OF BEDRO?ONAS OWNER 0 t n n PERMIT DATE: ' o/<'COMPLIANCE DATE: Separation Distance Between t e: Maximum Adjusted Groundwater Table to the Bottom of Leaching Facility Feet Private Water Supply Well and Leaching Facility(If any wells exist on site or within 200 feet of leaching facility) Feet Edge of Wetland and Leaching Facility(If any wetlands exist within 300 feet of leaching facility) Feet FURNISHED BY a _ _ ® o � 3 s'j ~ No.ADIS- 1q/ THE COMWONWE-ALTH OF MASSACHUSETTS FEE OARD OF HEALTH G�-�� �✓�„�,��,�� V W OF FAFIW50 APPLICATION FOR DISPOSAE SYSTEM CONSTRUCTION PERMIT ' Application for a Permit to Construct ( )jZepair (J<Upgrade ( ) Abandon ( ) - ❑Complete System ❑Individu 1 Components t" 2-111 Q Local' n Owner's game Map arcel# Address Lot ele ne# LAJ Install is Name— esigners Name ddre. /,,�;9 Address Telephone# �� Telephone# Type of Building: Lot Size 401 : Sq.feet Dwelling—No.of Bedrooms Garbage Grinder ( ) Other—Type of Building No.of persons Showers ( ), Cafeteria ( ) Other fixtures �� Design Flow(min. equi ed)530 gpd Calcul ted design flowf�gpd De si ow provided gpd Plan: Date Number of s ets _� Revision Date ' Title Description of Soil(s) Soil Evaluator Form No. Name of Soil Evaluator Date of Evaluation DESCRIPTION OF REPAIRS OR ALTERATIONS The undersigneo agrees to ins II the above described Ind' id al Sewage Disposal System in a cords ce with the provisions of TITLE 5 and further agrees not ce the s min op NO Certificate of Compliance has b n issu by the Board of Health. Signed Date 6 /Z- Inspections FORM t - APPLICATION FOR DSCP DEP APPROVED FORM 5/96 *"VLZ No. THE COM111 0TH OF MASSACHUSETTSIn FEE OARD OF `HEALTH J1 off APPLICATION FOR DISPOS0&SYSTEM CONSTRUCTION PERMIT Application for a Permit to Construct ( ) epair ( Upgrade ( ) Abandon ( ) - ❑,Complete System ❑Individu t Components r" �} 2 11 14 Wd -5 /Q0jE_ 10 0 'LocaC n Owner's Nfame r Map arcel# Address S; Lot ele ne# � Installh%Name b esigner's Name •Tel�re /2S� Address epho e# Telephone# Type of Building: � � Lot Size CJi 5A114r,, Sq.feet Dwelling° Z�of Bedrooms Garbage Grinder ( ) 'Other—Type of Building No.of persons Showers ( ), Cafeteria ( ) Other fixtures o� Design Flow(min. equi ed)3?v gpd Calculated desig flow gpd Desi ow provided✓ gpd f Revision Elat Plan: Date Number o s ets te Title Description of Soil(s) . Soil Evaluator Form No. Name of Soil Evaluat r Date of Evaluation DESCRIPTION OF REPAIRS OR ALTERATIONS The undersign agrees to install the above described 51nd' id al Sewage'Disposal System in a cords ce with the provisions of TITLE 5 and further agrees not ce the s m in op_ 17o Certificate of Compliance has b n issu by the Board of.Health. Signed f Date Inspections 4„ FORM t - APPLICATION FOR DSCP DEP APPROVED FORM 5/96 .c.. No. �=- -I( _— ,THE COMMONWEALTH OF MASSACHUSETTS w FEE BOARD-OF HEALTH CERTIFICATE OF COMPLIANCE Description of Work: ❑ Individual Component(s) Complete System The undersigned hereby certify that the Sewage Disposal System;Constructed( ),Repaired( ),Upgraded( );Abandoned C�` ( ) by: tbl Vy at has been installed in accordance w'th.the p ovisions of 310 CMR 15.00 (Title 5) and the approved design-plans/as-built plans relating to application No. �_I dated Approved Design Flow-V (gPd) CAQLtInstallerAA_�!eC..� I Designer: Inspector DW 1 Date The issuance of this certificate shall not be construed as a grantee that the system will function as designed. FORM 3 - CERTIFICATE OF COMPLIANCE DEP APPROVED FORM 5/96 No. ( THE COMMONWEALTH OF MASSACHUSETTS FEE �A) 00 BOARD OF HEALTH 003���L& DISPOSAL SYSTEM CONST UCTION PERMIT Permission is hereby gra e to o struct ( ) Repair ( Upgrade ( bandon ( ) an individual sewage disposal system at ' as described in the application for Disposal System Construction Permit dated Provided:�Cp nstruction shall be completed within three years of the date of this per A ocal c ditions be met. Date � a - Board of Health `c FORM 2 - DSCP DEP APPROVED FORM 5/96 FORM 1255 (REV 5/96) H&W Homs&WARREN TM PUBLISHERS- BOSTON - � 1 >. R eg U.-latory SeT _res. T, ��noII!Sask F. ,4._uCfllQTi_'„ Director F 3e 1JSTA3n, MASS d Thomas Mr-Kean, Director 2.0,0 Main S-fi•eet,HyTzimEds,RU 02601 Office, 508-862-4644 Fax: 503-790-6304 �sTtaHer &Desigger cCerfifilcation Form. Date- �a �� Sewage Permmib#,z Assessor's ri i ap1lParcei< Design"era ��0 c.�1✓�— e r1�2✓i installer: SCOW CAM14ell Address: 9J I U �t � �J � Address- ®n ©��� � �� was issued a permit to install a (date) (installer)) septic system at eoljt m (M- j v" ,l'b based on a design drawn by (address) �f..S dated Z2 i ( signer) _ZI certify that the septic system referenced above was installed substantially according to the design, which may include minor approved changes such as lateral relocation of the distribution box and/or septic tank. I certify that the septic system referenced above was installed with major changes (i.e. greater than 10' lateral relocation of the SAS or any vertical relocation of any connponent of the septic system.) but in accordance with State & Local Regula'dons. plan revision or 4ta -built by designer to tollo w. ZN 0 MAss�cti DANIELA. OJALA CIVIL ignature) No.46502 FG I s'T e ?fZ�)S SS/0NAL E� e-signer's Sib aiure) (Aft"Designer's Stamp Here) jr'jEr�sE 1ET�JEN TO BA�si�TSTABLL FURLIC MEAL'QH �)l�/iS1�4P?. %ERTl4 + CA1� OF CenijU:CrAjda E W—MI, NOT BE 6SSUED lTYI-M OT- —IB[I5 FORM AND) AS-BUILT CARD ARE REC EF•ED BY TEE BAM\TSTABLE PUBLIC BEAL H DIVISION. ' HA14K YOU. 0:grarth/5eptic/Designer Certi ication For 3-26-04-doc r i �q god C/ Town af Barnsiable Depa<paae� galacory Services i PubUcHealthDividon Date �s h 200 Main SU m Ilyanais MA 026D1 Date Scfieduted Timis sy )Fee P$ �104' Soil,S`uatabOy/Asse r ent,f arWitnessed By. LOCATION 8;G-10 RAL IlVF0R?JATIOrN� )k fi� l� Locadm Address Zg77 W {�/0./r.`�(o!F J(. OwaefsName O✓ QCc.Yt� b of Address U Assessor's MspMarcet: • zsgmccr's Name �,✓v� te- I NEW CONSTRUCTION RF.PATR Telephone# 6,1� - Land Use:l-a wh Slopes( ) _4� Surface Stones Uari e Distances ftom Open Water Body�lO�i ft Posstb of Aren��� ft Drinking Watrr Wen 7lGG Drnlonge'y', /GG ft propIna 2?19 ft Other ft (StraCt name,dimensions of lot,cmtlomdam C Fteatholes Ropes tests,Iocate wetlands irn pro decity to hobs) s� zj T i 37i � IZI- Dw �9 05" . 1 Gove,.nC Parent material �ae(a 1 �t L( - �Ov (geologic)G Depth to Bedrock // /� Depth'to Gmandwater.standiagWaoriu Hole:�✓// ! Weeping ftmn Pit Facn N.1/T &1imatrdSeasonal H1gh-Gmundwa hY ---- .-- _, D TE]ELIV�ATION FOR ONAL HIGH WATER TABLE Method Used_ e Depth Observed standing in obs.hole: In, Depth to soli mottles . ., in, Depthtowxpingfrom.sidcofobs.holc in. ONuadwaterAdjustment—fr. Index Well$ Reading Date iadox Wclllav AdJ.Pdefnt'—Adj.GmundwauLeval— FERCO ION TEST Dad Tlma^_____, Observation Hole# Tuna at 9" DepthofPerc. S'f-eve-C? Timent@' Start Pre-soak Time @ 75me(911-611� Had Pre-soak Rate MuJlach SiwSuitabi➢tyAssesstumt: Site Passed SirA Fi Additional Testing Needed(X!N)/'/ Original.• Public Health Division Obsetvali nHnleData'ToBeCompletedonBack G ***If pexwlation testis io bee'onducted-withi 100'of wetland,you must first notify the Barnstable Conservation Division at Ieast one! )week prior to beemning. Q:15P.F1 WBRCFORM.DOC F I DM-0BSmVATI0NV LE]LOG Hole# 1 Depthfrom Soil Horizon Soil Tcxbm Shcl Color Soil. Other Surface(u-) (USDA) jMunscll) Mottling (Structure,Stone,Boulders, I L S �ayR y z 30 30-5`1 C, �4/-13� z /L ,S y 7,7 D=OBSEICVAnON LOG Hole# 2 Depth from Soll Horizon SwlTedran ! SoIIColor Soil Ether Surface(in-) (USDA) (Mansell) Mottling (Structm,Stones,Boaldcts. Congistmay.%Grzyen 3a- SS C t S L ,Sy h/3. cz DEEP OBSMVATION)a LE LOG E(010#. Depth Iran SollHmizm SoilTesnm Soli Color Soil Other' Sub=(in_) (USDA) I (Mmoscll) Mottling (Stmctme,ShmmBoulders. Cons Lit"ay.%amyon DEEP OBSERVATION H LE LOGS . Role# Depth from SoilHodron SoilTextro Soil Color Soil Other Smfica(m-) (USDA) (Iulnn9011) Mottling (Sbactnm,Stouce Boulders. cA si ten Flood Tnsu rarmeRate Map: Above 500 yearflood boundary No_ Yes Wubin 500 ycarbotmdary No Yes ' Within 100 year flood bomdary No._- Vds Deyffi of NabumUy.Occurring Pervious Mate I Does at]east four feet of na{m-ally occti ring porvl bus miterial exist in all seas observed throughout the aea proposed for the soil absorption sys6 m? 7f not,what is the depth of aahrcally occurring per kous matmrlal? Ceiiiixcation ' T certify that on (date)T have pas�ed the soil evaluator examination approved by the ' Deptut=t of E11*01111=tal Protection and that a above analysis was performed by me consistent with - the required training,expertise and experienced ed in10 CIVIIt 15.017. Signature Dato Q_ISElrl cTIRcF0RM.D0c i P CIF down cape engineering, inc. SIEVE SOILS ANALYSIS 2771 ROUTE 6A BARNSTABLE, MA DATE OF REPORT: 6111/15 JOB : GRAIN SIZE ANALYSIS-SIEVE TEST SITE: 2771 ROUTE 6A, BARNSTABLE LOCATION: DCE'TEST HOLE SIEVE ANALYSIS weight sampie(Grams): 185.8 SIZE :WEIGHT RETAINED % RETAINED % PASSED ------------- .....(sum..?...... .....:... ..--------------- .... 0.0 0.0%€ 100.0% ------------ .......... 3/4111 0.0'•. 0 0% . . 100.00 0. ------------- ...............................................-------------- -------------------- 1/211 ----- ---- ........: ......... ................. 3/8 : 0.0 0.0% 100.0% --------------: ...........--------------- --o- --------- -----o- 0:0' 0.0 -: 100.0/o -------------a:...............,,.:........................:.........-------------------- ..................................... 10 €. . 14.6 - 7.9% 92.1% ---------------............... ........ ...... .------------------o ................. °. #20 . 79.0: 42.5 : 57.5/o ----- -- -----p ...::..... ......: ............}- -����--- ----------0.• .......................... #40 141.2 76:0%? 24.0% ---------------..............:.......................................---------------------...................................... #50 161 2 $6.8% _ 1.3 2% #80 174.5 93.9% - 6.1 --------------,................................. ......... ------------- .............. #100 - 177.5! 95.5%E 4.50 --------------L...:........................:........................>---------------------o------------------ #200 € 181.5 97:7% 2.3% ---------------............... ......................... -------------- ------------------- PAN: 183.1 100.0% 0:0% --►- ---- --- -•---- ---- --- SAMPLE: 185.8I NOTE:TEST ON PASSING#4 ONLY, 1.8% RETAINED ON#4<45%O:K: RESULTS: _. SOIL CLASSIFIED AS AASHTO A-1-b(GRAVEL AND SAND)(UNCOMPACTE.D) PERCENTAGE OF MATERIAL PASSING#4 SIEVE : #4 1000/6 (TEST ONLY MATERIAL PASSING#4) OK #5010%-100% OK #100 09/620% OK #200 00/6-5% OK � �zH aF MA$sgc SAMPLE MEETS TITLE 5 FILL SPECIFICATION y. _. _ � DANIELA. >97%SAND o , OJALA. '. U Cl I L. RESULTS: PERMEABLE MATERIAL-CLASS 1<2 MINJIN. MATERIAL p �Nq. 6020 NONCOMPACTED SOIL DESCRIPTION: COARSE SAND SS�4Nnt;E�G :: oFtNE row Town of Barnstable Department of Health,Safety and Environmental Services saxivsrnacE. MASS. ion 9�i0rFn MA'S p`0� 200 Main Street, Hyannis; MA 02601 Office: 508-862-4644 Thomas A.McKean,RS,CHO FAX: 508-790-6304 Director of Public Health August 30, 2002 Harriett Stockton, Owner Colin Godmans Furners Green NR Uckfield UK TN, 223PR Christy Stusse, Property Manager 11 High Po g pple Rd. West Barnstable, MA 02668 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00 STATE SANITARY CODE II, MINIMUM STANDARDS FOR HUMAN HABITATION The property owned by you located at 2771 Main St./6A Barnstable, was inspected on August 29, 2002 by Sam White, Health Inspector for the Town of Barnstable,because of a complaint. The following violations of State Sanitary Code II were observed: 410.750 (i): Many holes/tunnels observed apparently occupied by rats within the basement. Also, the tenant stated that she took photographs of the dead rats. You are directed to correct this violation within 24 hours of receipt of this notice. You may request a hearing if written petition requesting same is received by the Board of Health within seven (7) days after the date order is received. However, these violations must be corrected regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of not more than $500. Each separate day's failure to comply with an order shall constitute a separate violation. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean, RS, C Director of Public Health r FoRM30 � w HOBBSB WARREN TM THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH �` -;Lto(P- CITYlTOWN w � Pull iC DEPARTMENT D ZbD 1 ADDRESS s O-�y I ��II��77�� TELEPHONE Address�_tMotI'I_G4 64-f P-S���1. Occupant J�4ft F Floor A artment No. p No.of Occupants !q - No.of Habitable Rooms No.Sleeping Rooms__ No.dwelling or rooming units No.Stories--- Name and address of owner_ i. _�4_ _� Remarks Reg. Vio. YARD Out Bld s.: Fences: Garbage and Rubbish Containers: Drainage Infestation Rats or other: STRUCTURE EXT. Steps,Stairs, Porches: Dual Egress:and Obst'n.: ❑ B ❑ F ❑ M Doors,Windows: Roof Gutters, Drains: Walls.- Foundation: Chimney: B SEMENT Gen.Sanitation: Dampness: Stairs: Lighting: msz,4 STRUCTURE INT. Hall,Stairway: Obst'n.: Hall, Floor,Wall,Ceiling: Hall Lighting: Hall Windows: HEATING Chimneys: Central O Y ❑ N E ui . Repair TYPE: Stacks, Flues,Vents: PLUMBING: Supply Line: ❑ MS ❑ ST ❑ P Waste Line: H.W.Tanks Safety and Vent(s) ELECTRICAL Panels, Meters,Cir.: ❑ 110 ❑ 220 Fusing,Grnd.: AMP: Gen. Cond. Distrib. Box: Gen. Basement Wiring: DWELLING UNIT Ventil. L to . Outlets Walls Ceils. Wind. Doors Floors Locks Kitchen Bathroom Pantry Den Living Room Bedroom 1 Bedroom 2 Bedroom 3 Bedroom 4 Hot Water Facil. Sup.Ten.,Gas, Oil, Elect.: Stacks, Flues,Vents,Safeties.- Kitchen Facilities Sink Stove Bathing,Toilet Facil. Vent., Plumb.,Sanit'n.: Wash Basin,Shower or Tub: Infestation Rats, Mice, Roaches or Other: Egress Dual and Obst'n: General Building Posted Locks on Doors: ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE AUTHORIZED INSPECTOR.(See Over) "THIS INSPECTION REP IS SIGNED AND CERTIFIED UNDER THE PAINS AND PENALTIES U ' INSPECTOR-... TITLE , � G A.M. DATE 0 ' Zg— Z TIME 2= �� A.M. THE NEXT SCHEDULED REINSPECTION P.M. � NoWw / 410.750: Conditions Deemed to Endanger or Impair Health or Safety The following conditions, when found Vo exist in residential pemison, shall bo deemed conditions which may endanger m impair the health, o/safety and well-being ufa person or persons occupying the premises. This listing in composed ofthose items which are deemed to always have the potential to endanger or materially impair the health or safety, and well-being of the occupants or the public. Because Chapter||. 1O5CMR41O.1O0 through 41O.G2O state minimum requirements of fitness for human habitshon, any other violation has the potential to fall within this category in any given opooiUo situation but may not d000 in every case and therefore is not included in this listing. Failure to include shall in no way boconstrued aaa determination that other violations or conditions may not be found to fall within this category. Nor shall failure Vo include affect the duty of the local hoo||h official to order repair orcorrection of such violation(s) pursuant to 105 CMR 410.830thmugh 410.833 nor shall failure to include affect the legal obligation of the person to whom the order is issued to comply with such order. (\) Failure 0u provide a supply cd ' `ouffioientinqua6nm. pressureand mImperatur�. both hot and cold, to meet the ordinary needs of the occupant in accordance with iO5CIVIR41018O and 410.19O for u period cd24 hours orlonger. (B) Failure to provide heat aorequired by 105CIVIR410.201 or improper venting or use ofa space heater or water heater ao prohibited by 1O5CMR41820O(8) and 41O.2U2. (C) Shutoff and/or failure 0z restore electricity mgas. (D) Failure to provide the electrical facilities required by1O5CIVIR41O.25O(B). 410.251(A). 41O.253 and the lighting in com- mon oreamquied by 105CMR410.254. (E) Failure to provide a safe supply ofwater. (F) Failure to provide u toilet and maintain o sewage disposal system in operable condition as required by 105CIVIR 41O]5O(A)(1)and 410.3UU. . (3) Failure to provide adequate exits, or the obstruction of any exit, passageway orcommon area caused by any object, including garbage ortrunh. which prevents egress in case of an em�genoy, 105 CMR 410.450. 410.451 and 410.452. ' ^ ' . (H) Failure V»comply with 1ha,seourity requirements of1U5SIVIR410�480(D). ^ (|) Failure to comply with any provisions of 105SIVIR 410�OO. 410.001 or41O.8O2wh�h results in any onoumu�honofga� � bugo, rubbish, filth m�hercauses of sickness which may pmvido afood source or harborage for rodents, insects or other pests or otherwise contribute io accidents orto the creation or spread of disease. (J) The presence of leadbased paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public Health Regulations for Lead Poisoning Prevention and Control, 105CMR460.000. (See M.G.Lo. 111 VD@) 190dhmugh 189.) <K> Roof, foundation, or other structural defects that may expose the occupant oranyone else tofire, bu,no, ahook, accident or other dangers o/ impairment Vo health orsafety. (L) Failure to install o|ootrioa|, p|umbing, heating and guo'bumingfaci|itiao in accordance with accepted p|umbing, hoahng, gas-fitting and electrical wiring standards or failure k/maintain such faoiUiooao are required by 105CMR 410.351 and 410.352. � so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment to health or safety. (M) Any defect in aobnnVoo material used an insulation or covering on a pipa, boiler or furnace which may result inthe e|euoe of asbestos dust or which may result in the release of powdered, crumbled or pulverized asbestos material in violation of 105 CMR41O.353. (N) Failure to provide asmoke detector required by 105 CMR 410.482. (0) Any of the following conditions which remain uncorrected for a period of five or more days following the notice to or � knowledge cd the owner of said condition orconditions: (1) Lack ofu kitchen sink uf sufficient size and capacity for washing dishes and kitchen utensils or lack cda stove and oven � n/any defect that renders either inoperable. (2) Failure to provide u washbasin and shower or bathtub ao required in 1O5CIVIR41O.15O(A)<2) and 41O.15U(A)(3)orany defect which renders them inoperable. (3) Any defect in the electrical, plumbing or heating system which makes such system or any part thereof in violation of generally accepted p|umbing, hoaking, guafitting, or electrical wiring standards that do not create an immediate hazard. (4) Failure to maintain anafe handrail or protective railing for every stairway, porch ba|oony, roof orsimilar place as required by 1O5CMR41O.5O3(A)and 41O.5O3(B). (5) Failure Vo eliminate rodents, ooukmaohoo, insect infestations and other pests aorequired by 105CMR410.550. (P) Any c4horviolation of 105 CIVIR 410.000 not enumerated in 105 CIVIR 410750(A)1hmugh (0)shall be deemed to be a con- dition whiohmayondaogormmatorial|yimpairUhohoa|#horoufetyandwel|-boingofanoouupuntupondhohai|uneofdhemwner Vo remedy said condition within the time uuordered by the Board of Health. ` ` ^ . ` � | FORM 30 1 In W HOeBS&WARREN M THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH CITY/TOW N o DEPARTMENT n. 1 C�9I4 y� ) q ADDRESS >V(J (J Sa taw M MP � ` (� J TELEPHONE i Address Tr7r71 _!"rP-0 A 5`{�+l&' Occupant Iti'w.,- �Q- (�----- --- pant_ Floor _Apartment No.__ -__._ No. of Occupants--A/- No. of Habitable Rooms--____-___No.Sleeping Rooms._____ No.dwelling or rooming units — No. Stories _ Name and' ddress of owne � Remarks Reg. Vio. YARD Out Bld s.: Fences: Garbage and Rubbish Containers: Drainage Infestation Rats or other: STRUCTURE EXT. Steps,Stairs, Porches: Dual Egress:and Obst'n,_: ❑ B ❑ F ❑ M Doors,Windows: _'`j ! Roof Gutters, Drains: Walls: „Foundation: Chimney: BASEMENT Gen.Sanitation: Dampness: 40 15 � Stairs: , , t Li htin STRUCTURE INT. Hall,Stairway: Obst'n.: Hall, Floor,Wall,Ceiling: Hall Lighting: - Hall Windows: HEATING Chimneys: Central ❑ Y ❑ N fE ui '.Re air> TYPE: Stacks, Flues,Vents: PLUMBING: Supply Line: ❑ MS ❑ ST ❑ P Waste Line: H.W.Tanks Safety and Vent(s) ELECTRICAL Panels, Meters,Cir.: ❑ 110 ❑ 220 Fusing,Grnd.: AMP: Gen.Cond. Distrib. Box: Gen. Basement Wiring: DWELLING UNIT Ventil. L to Outlets Walls Ceils. Wind. Doors Floors Locks Kitchen Bathroom Pantry Den Living Room Bedroom(1) Bedroom 2 Bedroom 3 Bedroom 4 Hot Water Facil. Sup.Ten.,Gas, Oil, Elect.: Stacks, Flues,Vents,Safeties: Kitchen Facilities Sink Stove Bathing,Toilet Facil. Vent., Plumb., Sanit'n.: Wash Basin, Shower or Tub: Infestation Rats, Mice, Roaches or Other: Egress Dual and Obst'n: General Building Posted Locks on Doors: ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE AUTHORIZED INSPECTOR. (See Over) "THIS INSPECTION REPORT IS SIGNED AND CERTIFIED UNDER THE PAINS AND PENALTIES f U "!r INSPECTOR _ TITLE L1 ..�s9St tom' A.M. DATE �' Z5— C 2 TIME A.M. THE NEXT SCHEDULED REINSPECTION P.M. 410.750: Conditions Deemed to Endanger or Impair Health or Safety The following conditions, when found to exist in residential premises, shall be deemed conditions which may endanger or impair the heaith, or safety and well-being of a person or persons occupying the premises. This listing is composed of those items which are deemed to always have the potential to endanger or materially impair the health or safety, and well-being of the occupants or the public. Because Chapter II, 105 CMR 410.100 through 410.620 state minimum requirements of fitness for human habitation, any other violation has the potential to fall within this category in any given specific situation but may not do so in every case and therefore is not included in this listing. Failure to include shall in no way be construed as a determination that other violations or conditions may not be found to fall within this category. Nor shall failure to include affect the duty of the local health official to order repair or correction of such violation(s) pursuant to 105 CMR 410.830 through 410.833 nor shall failure to include affect the legal obligation of the person to whom the order is issued to comply with such order. (A) Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary needs of the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer. (B) Failure to provide heat as required by 105 CMR 410.201 or improper venting or use of a space heater or water heater as prohibited by 105 CMR 410.200(B)and 410.202. (C) Shutoff and/or failure to restore electricity or gas. (D) Failure to provide the electrical facilities required by 105 CMR 410.250(B), 410.251(A), 410.253 and the lighting in com- mon area required by 105 CMR 410.254. (E) Failure to provide a safe supply of water. (F) Failure to provide a toilet and maintain a sewage disposal system in operable condition as required by 105 CMR 410.150(A)(1)and 410.300. (G) Failure to provide adequate exits, or the obstruction of any exit, passageway or common area caused by any object, including garbage or trash, which prevents egress in case of an emergency 105 CMR 410.450, 410.451 and 410.452. (H) Failure to comply with the security requirements of 105 CMR 410.480(D). (1) Failure to comply with any provisions of 105 CMR 410.600, 410.601 or 410.602 which results in any accumulation of gar- bage, rubbish,filth or other causes of sickness which may provide a food source or harborage for rodents, insects or other pests or otherwise contribute to accidents or to the creation or spread of disease. (J) The presence of Ieadbased paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public Health Regulations for Lead Poisoning Prevention and Control, 105 CMR 460.000. (See M.G.L. c. 111 @@ 190 through 199.) (K) Roof, foundation, or other structural defects that may expose the occupant or anyone else to fire, burns, shock, accident or other dangers or impairment to health or safety. (L) Failure to install electrical, plumbing, heating and gas-burning facilities in accordance with accepted plumbing, heating, gas-fitting and electrical wiring standards or failure to maintain such facilties as are required by 105 CMR 410.351 and 410.352, so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment to health or safety. (M) Any defect in asbestos material used as insulation or covering on a pipe, boiler or furnace which may result in the release of asbestos dust or which may result in the release of powdered, crumbled or pulverized asbestos material in violation of 105 CMR 410.353. (N) Failure to provide a smoke detector required by 105 CMR 410.482. (0) Any of the following conditions which remain uncorrected for a period of five or more days following the notice to or knowledge of the owner of said condition or conditions: (1) Lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a stove and oven or any defect that renders either inoperable. (2) Failure to provide a washbasin and shower or bathtub as required in 105 CMR 410.150(A)(2) and 410.150(A)(3)or any defect which renders them inoperable. (3) Any defect in the electrical, plumbing or heating system which makes such system or any part thereof in violation of generally accepted plumbing, heating, gasfitting, or electrical wiring standards that do not create an immediate hazard. (4) Failure to maintain a safe handrail or protective railing for every stairway, porch balcony, roof or similar place as required by 105 CMR 410.503(A)and 410.503(B). (5) Failure to eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550. (P) Any other violation of 105 CMR 410.000 not enumerated in 105 CMR 410.750(A)through (0)shall be deemed to be a con- dition which may endanger or materially impair the health or safety and well-being of an occupant upon the failure of the owner to remedy said condition within the time so ordered by the Board of Health. LOCATION- SEWAGE PERMIT NO. VILLAGE --,E Lsn=:�, - - _5 ---E��� -, w- . 6 INSTA L IAEIVS NAME i ADDRESS R: UI'LDE:R OR OWNER DATE PERMIT ISSUED 3o b' DATE, COMPLIANCE ISSUED { Zi n Q ' Z � y O hOF y w r � d No... Z. Flcs.... .._ ............. - THE COMMONWEALTH OF MASSACHUSETTS �BOARD OF HEALTH ............... . ------......OF......... UAppliratiuu for Uhiposal Works Tuuitrurtiuu ramit -1� pplication is hereby made for a Permit to Construct V) or Repair ( ) an Individual Sewage Disposal System at: �`�� /��'��✓ �j ��� Y ............ .. -------------•--•----•----- .......................... .............................................................. .._ ......- Locati Address or o 1. Installer Address �� Type of Building Size Lot. 4',......__..._._....S . feet U YP g q Dwelling—No. of Bedrooms .................._.} __Expansion Attic ( ) Garbage Grinder ( ) 04 Other—Type of Building �������✓!�. No. of persons............................ Showers ( ) — Cafeteria ( ) Q' Other fixtures -------------------------------- - W Design Flow............................................gallons per person per day. Total daily flow............................................gallons. WSeptic Tank—Liquid capacity............gallons Length................ Width................ Diameter__-_____-___-_ Depth................ x Disposal Trench—No..................... Width.................... Total Length.................... Total leaching area....................sq. ft. Seepage Pit No..................... Diameter.................... Depth below inlet.................... Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) Percolation Test Results . Performed bY----------------------•----------....................... --------••--•------ Date........................................ W Test Pit No. 1----------------minutes per inch Depth of Test Pit.................... Depth to ground water........................ GX4 Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water........................ + ----------------------------------------••------•-•------------. ------------ --- --•-------..---------• ........................... 0 Description of Soil................... ----...... Gam_......... �7 U -------•-•------------------------•-•••--------•--.....------------------------------._......••----•---------------------....----------------•...-----------•-----------•----------.......-------------- W UNature of Repairs or Alterations—Answer when applicable------------------------------------------------------------------------------------------------ ........................................................................................................................................................................................................ Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TTT,TIE 5 of the State Sanitary Code—The undersigned further agrees not to place the system 'n operation until a Certificate of Compliance has been issued by the board o Slgned -£Mi . ----- ------ ---------- -- -- s �D t Application Approved BY f. .. �------•. •------�...... ��-------- Date Application Disapproved for the following reasons:......:............:...... . ........................................................................................... ............................................•---------------.......----------------...•..------.............--------------------------------------------------------------------------------------.....•. Date PermitNo......................................................... Issued....................................................... Date No. � 5.72r Fss....5....lr THE COMMONWEALTH OF MASSACHUSETTS �. BOARD OF HEALTH !/&V........0 F......., l�f�� ...................................... Appliration for Diipo, al Works Tututrurtion Vamit Application is hereby made for a Permit to Construct (�IQ or Repair ( ) an Individual Sewage Disposal System at: , on- d ssr _ . ^-•.............. Locati t No .. - - ........ ..._ ....... . . ... ........... ...................... a � .._...�.1..> Owner�r�l��e[ Se ��........... Installer Address QType of Building Size Lot. ..> .�t ._Sq. feet U Dwelling—No. of Bedrooms........ ............... ..........Expansion Attic ( )^l' Garbage Grinder ( ) a yp g � � �L(/ No. of persons...:........................ Showers ( ) — Cafeteria ( ) Other a —Type e of Building Pa Other fixtures ...................................- -- W Design Flow............................................gallons per person per day. Total daily flow............................................gallons. WSeptic Tank—Liquid'capacity............gallons Length................ Width................ Diameter................ Depth................ x Disposal Trench—No..................... Width.................... Total Length.................... Total leaching area....................sq. ft. Seepage Pit No..................... Diameter.................... Depth below inlet.................... Total leaching area..................sq. ft. z Other Distribution box ( ) Dosing tank ( ) Percolation Test Results Performed bY--------------------------------.......................:.................. Date........................................ aTest Pit No. 1................minutes per inch Depth of Test Pit.................... Depth to ground water........................ Test Pit No. 2...............minutes per inch Depth of Test Pit.................... Depth to ground water.....--................. D Description of Soil _...... . Z W ---••-•--•------------------------••--...-----•.•-----......... -----------•----•---•-•-----------------------------•---•-••.... VNature of Repairs or Alterations—Answer when applicable............................................................................................... .........-......................................................................................................................................-•--•....................................................... Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of TILTS, 5 of the State Sanitary Code—The undersigned further agrees not to place the system in operation until a Certificate of Compliance has been issued by the board of health. Signed..................................................... -----------------------• ------------- ........-- .. �--------------------• D•at..e Application Approved By........................ .......... .......... e�.. { ye Application Disapproved for the following reasons---------------------------------------------------------------••---------------------------------........_...... ....................•------.....-•-•-----------------------------------------------------------•-----....-•-••-•-•----•-•-•----------•-•----•-----•-•----••---•------•---•-----••------•----•--•--•••--- Date PermitNo....................................................... Issued....................................................... Date THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH .........................V ...OF............... ........... Mrriif irtttr of Clntplianrr THIS IS Tra CERTIFY, That the Individual Sew, Dig al system constructed ( '`) or Repaired ( ) by....................... A�- I............. ...------�-- _ .. .........5................................................................................ `yy�� Installer yam/ at.. .: = ,�........11/. 1 L.....:5T........................... � �]_lv_. T�� � -•-----•------•--•------------ has been installed in accordance with the provisions of Tl'�_-' T ` of The State Sanitary Code as described in the application for Disposal Works Construction Permit No 911) - .-............... dated................................................ THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUED AS A GUARANTEE THAT THE SYSTEM WILL FUNCTION SATISFACTORY. DATE................................ ................................... Inspector.................................................................................... THE COMMONWEALTH OF MASSACHUSETTS p BOARD OF HEALTH�J ............7."w&......OF.............. ................ FE Disposal Vorkq %onotrttrtion anti Permission is hereby ranted 11 .............................................. Yg to Construct (\) or Repair ( ) I dividual Sewage Disposal System at No. Street as shown on the application for Disposal Works Constructio mit No.....................•}ate .......................................... 1 ' o rd of Health DATE............................................... ......;-•--•------ FORM 1255 HOBBS & WARREN. INC., PUBLISHERS L - l i7l } �. L0 CATION / SEWAGE PERMIT NQ VALAGE INSTA ll R'S .ME A ADDRESS i B UILDE R OR OWNER E DATE PERMIT ISSUED DATE COMPLIANCE ISSUED r�� . f � C _ i s?- ......... j s . Ne- -CO.- Fizz 1,7- .................. THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ................. ........................OF..................... ........... ......................................... Apphratiou for 11ispoiial Works Towitrurfiv motifit Application is hereby made for a Permit to Construct or Repair an Individual Sewage Disposal System at: e.-.. .........) - - -------------------L------------------AA ---- Location-Addres&--- or tt_"t .... ......................T........ ------------------------------------------ ....................................1�, ........ --------------- 7---- ------- M.U.'Ywne; ............................................ ...51..E .......Z. ya t-,. . ....... PQ Installer Address Q Type of Building Size Lot__al�g.P�-----Sq. feet U Dwelling AffNo. of Bedrooms.13..............-----------_---_---Expansion Attic Garbage Grinder ( ) 44 Other—Type of Building ............................. No. of persons.__.__.__.__._.__.____._..__ Showers Cafeteria ( ) Otherfixtures ......................... ............................................................................................................................ Design Flow............................................gallons per person per day. Total daily flow............................................gallons. 1:4 Septic Tank—Liquid capacity............gallons Length________________ Width___________.____ Diameter_-.--_-_________ Depth__.________:.__. Disposal Trench—No_ ____________________ Width_..._...__..._______ Total Length._.___..._._____..__ Total leaching area....................sq. f t. Seepage Pit No_____________________ Diameter._._...._._.._._..._ Depth below inlet_____.__._______.._. Total leaching area..................sq. f t. Z Other Distribution box ( . ) Dosing tank ( ) Percolation Test Results Performed by.......................................................................... Date........................................ Test Pit No. 1................minutes per inch Depth of Test Pit...__.__________.___ Depth to ground water_._.__.___.:_____._.._. Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water_._____________________. Q+ ----•------•----------------•------------------------•-------•----------•---•---••--......--.....---......................................................... 0 Description of Soil........................................................................................................................................................................ ......................................................................................................................................................................................................... U .................................................................................................................. ••------••-•---_� ......---•-••---•-•••••. ................................... . Nature of Repa' o Alterations Answer when applic�l U Jrs r era -4 ------------------------------------------------------------------------------- Agreement: The undersigned agrees to install the aforedescribed Individual Sewage Disposal System in accordance with the provisions of'JI'11 5 of the State Sanitary Code— The undersigned further agrees not to place the system in operation until a Certificate of Compliance has been issu d byte boa Compliance n een iss _Yd of , th. ....................................... ......... v ---------------- --- Application Approved By..................................4.. A.... ............... ........................... ........................................ Date Application Disapproved for the following reasons:.................................................... ......................................................... ............................................................................................................................................................. ........................................ Date PermitNo......................................................... Issued.. .................................................. Date r ' THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ............... ......................OF.......................................................................................... Appliration for. Bhip aal Workti Tumitrurtion Errant Application is hereby made for a Permit to Construct ( ) or Repair Individual Sewage Disposal System at 1- .. t ....................... .. Location-Address or I:ot. No. a ddress .... �-� ................................. :. L Installer Address Q Type of Building _ Size Lot............................Sq. feet Dwelling�No. of Bedrooms__,......................................Expansion Attic ( ) Garbage Grinder ( ) aOther—Type of Building ............................ No. of persons............................ Showers ( ) — Cafeteria ( ) Q' Other fixtures .............••-••-•------------ . W Design Flow............................................gallons per person per day. Total daily flow..............................................gallons. WSeptic Tank—Liquid capacity............gallons Length................ Width---------------- Diameter................ Depth................ x Disposal Trench—No. .................... Width.................... Total Length...._............... Total leaching area....................sq. ft. Seepage Pit No..................... Diameter.................... Depth below inlet.................... Total leaching area..................sq. ft. Z Other Distribution box ( ) Dosing tank ( ) Percolation Test Results Performed by.......................................................................... Date........................................ � Test Pit No. 1................minutes per inch Depth of Test Pit.................... Depth to ground water_-_-____________-.._,__- Gi, Test Pit No. 2................minutes per inch Depth of Test Pit.................... Depth to ground water........................ Q+' ................. •••-------- ------------------------- ODescription of Soil...............................................---------------•-••--------•---------...--------------------------------------------... ................................. W W ----•------------------------------------------------------------------------------•---•-••-•---•-•----•-----•-----------------------. ----------••--••-------•-••-•••-- UNature of Repairs or Alterations Answer.when applicabl :..__ _��r='1�!/�,.R,� __.._'�s�_::�t��C'�.:f.���_12. �cr--..s a -..... 'c.=---------------------------•---------------------------------__-__-___----- Agreement: v The undersigned agrees to install the aforedescribed Individual Sewage Disposal"System in accordance with the provisions of TIT .; y g g p y of the State Sanitary Code— The undersigned further reel not to lace the system in operation until a Certificate of Compliance has been issued by he bo -d of th. Signed--=...�.. .....................................................•------------•--•-- --..........------•-- Dat A lication A roved B :��^- k. . �h-'--- ....................... ._._� `a"' PPPP y---------•••-- . ••-•-••. _.. ..••----••--••. • Date Application Disapproved for the following reasons-------------•----•---------••-------•------------------.;: -----------------------------•--------.._... -•---------------------•--...-------------------•--------------------------•-------......--•---------•----••-----------...-------•---------.........---------.......................................... Date PermitNo......................................................... Issued._Z.... 2 -- Date THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ....................I.....................OF................................................................................... Trr$if iratr of Tomplianr THIS IS TO CERTIFY, That the Individual Sewage Disposal System constructed ( ) or Repaired (�'•'}—�-•----1--, y Installer at......- - • t,t --- (--,A _'( ................... .....................I—— i--------------------------------- - - ------------------••--------------- has been intlled in accordance with the provisions of TIT j of The State Sanitary Code as described in the application for Disposal Works Construction Permit No-------- ...........7....... dated................................................ THE ISSUANCE OF THIS CERTIFICATE SHALL NOT BE CONSTRUE® AS A GUARANTEE THAT THE SYSTEM WILL TIQN SATISFACTORY. DATE............... �c.................................... Inspector....................7 ...................................................... THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH ..�} No..-••................... FEE........................ Ut pnoal Works Tomitnuton ami# I Permission is hereby granted. .......2...------•-------------------------------------••--•---•--•--•--------------•-......---•--........-•---•-•- to Construct ( ) or Repair ( L)_.an_Jrx iyidual Sewage Disp sal System at No..:............Z...... ..._.1(a_2_J_Inl. = C.� 2--E' ��- _ -._....__... .-/ermit --I---------_--•-•---••-••---••----•--------------------••---••---.•-------•........... Street �� as shown on the application for Disposal Works Construction No..................... Dated.......................................... y ----••••--••-----•----•--•-----•-•-----•------------------------•--•--------•----...--•--..._..••--_..._ DATE................................................................................ Board of Health FORM 1258 HOBBS & WARREN, INC., PUBLISHERS 't I r� �1HE BARMABIE, i 0 Town of Barnstable Department of Health, Safety, and Environmental Services Public Health Division 367 Main Street, Hyannis MA 02601 Office: 508-790-6265 Thomas A.McKean FAX: 508-775-3344 Director of Public Health August 1, 1996 Alice Hamel, Supervisor Commonwealth Electric Company 2421 Cranberry Highway Wareham, MA 02571 Attention: Customer Service Department Dear Ms. Hamel: A recent re-inspection by Christina Kuchinski, Health Inspector the Town of Barnstable of the property located at 2771 Main Street, Barnstable revealed that the violations were corrected. Now there is only one unit, instead of two. Please allow the tenant to place the electric bills in his/her name. Sincerely yours, omas A. McKean Director of Public Health Town of Barnstable TM/bcs CC'. Christy Stusse hamel r ARDUO, SWEENEY, STUSSE, ROBERTSON & DUPUY, P.C. " ATTORNEYS AT LAW J MATTACHEESE PROFESSIONAL BUILDING 25 MID-TECH DRIVE,SUITE C WEST YARMOUTH,MASSACHUSETTS 02673 EDWARD J.SWEENEY,JR. TELEPHONE(508)775-3433 RICHARD P.MORSE,JR. MICDON AEL M. OBERTSTUSS FAX 508 790-4778 RICHARD A.DALTON DONNA M.J. DUPUSON, ( ) RUTH A.MCLAUGHLIN MATTHEW J.DUPUY" CHARLES J.ARDITO, III CHARLES M.SABATT CHARLES J.ARDITO,P.C. PLEASE REFER TO FILE NUMBER I JUL a G 16 0 5.01 Z E 1996 .July 2, 1995 Thomas A. McKean IN. CA Director of Public Health t15 Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: 2771 Main Street, Barnstable Alleged Violations Dear Mr. McKean: It is my understanding that' a recent house inspection of the above referenced premises has cleared all previous violations. I therefore request that your Department contact Commonwealth Electric to release said premises from all previous restrictions. I have been unable to have the electric placed in the tenant's name for over a year now. Should you have any questions I can be reached at 775-3433. With appreciation for your kind attention to this request, I am, Very truly yours, CHRISTY TUSSE Friend of H. Stockton's I ARDITO, SWEENEY,- STUSSE, ROBERTSON & DUPUY, P.C. ATTORNEYS AT LAW MATTACHEESE PROFESSIONAL BUILDING 25 MID—TECH DRIVE, SUITE C WEST YARMOUTH, MASSACHUSETTS 02673 EDWARDJ.SWEENEYJR. TELEPHONE(508)775-3433 MICHAEL B.STUSSE FAX(508)790-4778 RICHARD A.DALTON DONNA M. ROBERTSON CHARLES M.SABATT MATTHEW J.DUPUY RUTH A.McLAUGHLIN CHARLES J.ARDITO, P.C. PLEASE REFER TO FILE NUMBER G 1605.01 Z September 1, 1995 Thomas A. McKean Director of Public Health Town of Barnstable 367 Main Street Hyannis, MA 02601 RE: 2171 Main Street, Barnstable Alleged Violations Dear Mr. McKean: Reference is made to your letter to me under date of April 3,, 1995. I am happy to report that I believe this location has met the minimum standards for human habitation. In response to the following violations of the Town of Barnstable ordinance Article 51: 410.501 Pane of glass missing: The house is being painted this fall, the contract has assigned and all the windows in the house will be replaced as needed, recalked and painted. COST $ 2,409.00 410.501 Second floor bathroom storm window is stuck. New Tenant reported this violation was solved with a squirt of WD 40. 410.500 The ceiling in floor and hallway bedroom is damaged due to peeling paint and mildew from leaking roof. Roof repaired COST $ .4,000.00 I 410.351 Corroded electrical contacts at outdoor light fixture. Repaired Bill not yet received. 410.351 Kitchen sink faucet leaks. 410. 351 Washing Machine overfills Repaired COST: $ 118.00, $ 295.00 .and $ 92 .55 410.354 Cross Electric metering This was, is now and forever will be a single family dwelling, current lease holder's signed Lease enclosed. 410.48Z Building not posted, with- owner's address and telephone number. Resolved. Additionally, I have, at Harriet's request, paid the usurious electric bill for the former tenant .in .the amount of $ 1002 .00. The same tenant who left owing Ms. Stockton unpaid rents. I have requested a new inspection be made by your department. I trust this_wi11 successfuilly resolve°-this most unpleasant matter , to your satisfaction. Sincerely, 4 f -r CHRISTY STUSSE, friend of owner,Harriet Stockton-Worthington Sussex, England A• THIS IS A LEGALLY NOT UNDERSTOOD, SEEK COM PETENT ADVICE. CAPE COD & ISLANDS BOARD ARD OF REAT.TORCr® ii`a�. �T . COPY T22I52, made this .. Fir st JUNE By .ett. .&tioktan-WOxthin .tr�n. ........................ . 19.9.5... Ina me) g of ....SuSsex. hereinaftcr called LANDLORD r••Engl-and•••..:..... ..•.....'...... , And .,, ennifer Marshall (address( (name:.............................. of. 21.. Main Street, Yarmouth�ort, MA hereinafter called TENANT. ''Ma. in WitnZ552th, That the LANDLORD above hereby leases to the TENANT above, [he premises(peat 2 7 Barnstable, ed at ..- 71,.Main Street ............ ....................................... consisting of(Describe real and personal properry�treet Address and Tovm) ""' Massachusetts. dWe .........? semi-furnished sin le famil, �.�.z�g..with.tw,o..bedzooms.,..2..arid. ..2.. g. din Y... m. room - ..... . ... .................1ng..room and famil roo ...../...baths•►•:kitche,n.,..l�ving- - • The tcrm 0 f th is leas e shall be QI1 ........................................................... ........ .............. e..(.1.)...Year... ........., commencing at ......TL1IIe..1. .. . 19...... and ending at ...MaY..3.1. 9 ng a .. r..1.9 9 5....... ..... on And for such term, the TENANT agrees to ay S .�.Q�•,,• 1.• on .......... installments of S 850 i, OO Said rent shall be payable in ..................... ........... so long as this lease is in force and effect. on the .,f 1rS t ""' day of every month, in advanc:, During the lease to m,the following charges shall be paid by the LANDLORD or TENANT as checked: A. Oil LANDLORD B. Gas ( ) TENANT C. Electricity ( } ( X), D.Real Estate Taxes ( ) ( X) E- Water ( X ) ( X) F. Water Overages ( x ) ( ) G. TeIephone ( } ( ) H. Trash Removal ( ) ( }( ) I. Lawn Maintenance ( } ( X) 1. Snow Removal ( ( X) H. Cable T.V. ( ) ( X) L. Condominium Common Area Charges ( ) ( X) The LANDLORD hereby acknowledges receipt from the TENANTS ( ) ( X) and the LANDLORD hereby acknowledges receipt from the TENANTS ,8 S.Q Q as payment of the first month's rent, reference at the same rate as the first month's rent).The TENANT hereby acknowledges receipt of a written Last Month' reference to said last month's rent as required by law. Q. as payment of the last month rent 1. And for the her:totorc described term,the TENANT further agrees to pay S 8 5 O . Q Q s Rent Receipt with one montn s rent)as a security deposit,receipt of which the LANDLORD hereby acknowledges;it beingunderstood not to. be construed prepaid rant, but nor shall any damages claimed (if an (an amount not to exceed Said security deposit shall be deposited to escrow as required by law. The TENANT derstthe unt that said security deposit is conditions with reference to said security deposit as required by law,which statement must b returned le the LANDLORD of said security deposit. E ANT hereby acknowledges receipt of a written statement.of fifteen days of commencement of tenancy, The LANDLORD hereby notifies the TENANT that Christ NDLORDorhisagent within or .....7.J..High-P.o Y.. Stusse ........... is the person who a responsible adore for�theEcRarat a ainycest.a Baxns-table ' ' (urea and expo address( •.0'2 .... $0.8.1..(.�2 _.5g 26- /..MA. The I.A:�'pL repair of the heretofore described property. (telephone? LANDLORD hereby notifies the TENANT that , is the Person authorizedAtty. , of vioat Michael B Stusse�,725 to receive notices lions of law and to accept service of proces (over) s on bchalwof vbWR-Th ChMA 2 Inamel ''•••D�.�Ve 673 _ The parties hereto. in consideration of these presents, agree as follows: 1. That no more than r OUt _l 4 ...................... .............. ......... .. persuns wiii occupy saiu Pre-iscs. _. That no altera:ior,. addition. or improvement to ;he leased property shall be Wade by the TENANT without the written consent of the LANDLORD. An,, alteration. addition, or improvement made by the TENANT after such consent ;hall have been gi,en. and anv fixtures instal!cd as : -eof, Sha!! at the LANDLOR D'S option become the property of the LANDLORD upon the expiration or other earlier have the right to require the TrNA:.'T to remove sucn nxtures at the termination of 1 ,i~^e8'feep�wi�ded.howevcr,thatthcLANDLORDshall g T EN,4NT tern_ination'of this lease. TIlntain the leased premises in a clean condition and;the TENANT will be responsible for all damage.breakage. 1.That the TE _ _. waste, and,or loss to the oremises, except normal wear and tea: and unavoidabic casuai;c wite�h ma roof; o:_ pars:': and upon termination of this lease the TENANT will leave the premises in the same general and good and habitable condition as found upon entry. . 4. That the LANDLORD agrees to supply fixtures and household furnishings. equipment or other personal property onh•as sperrllcolh• described within :his agreement,andror in accordance with the statement of conditions to be incorporated by reference herein. , 5. That the words"LANDLORD"and"TENANT"as used herein shall include their respective heirs.executors,administrators,successors. representatives,assigns,and;or agents.If more than one party signs as TENANT hereunder,the agreements herein of the TENANT shall be the joint and several obligations of each such patty. u 6.That the LAND LO R D and TENANT agree that should the Premises be destroyed by fire or other personal casualty so as to become unfit for human habitation. that these presents shall thereby be ended. with refund to the TENANT for any rent term unused. 6A. Subjec:to :he:cnditic— of paragraph six 16), the LANDLORD agrees that should the premises acquire a condition which amounts to a violation of law which may endanger or materially impair the health, safety, or well-being of the TENANT, or become unut for Kuman habitation;upon proper notice to or discovery by the LANDLORD thereof.the rent or ajust portion thereof according to the nature and extent of the condition shall be suspended or abated until the condition is remedied, if such a remedy is reasonably Possible during the lease term; provided. however,that said condition or violation of law was not caused by the TENANT or others lawfully upon said premises. If such a remedy N is not reasonably possible,during the lease term the LANDLORD shall so notify the TENANT within thirty days after proper notice to or discovery by the LAD'_-.ORD of said condition;and after such notice to the TENANT by the LANDLORD either patty may terminate the lease by written notice to the other property. 6B, That the LANDLORD and TENANT fur•,her agree that should the premises be taken for any purpose by the exercise of the power of eminent domain that these presents shall thereby be ended with refund to the TENANT for any rent term unused,and that the TENANT does hereby assign to the LANDLORD any and all claims and demands for damages on account of any such taking or for compensation foranything lawfully done ^y a proper public author:r: in pursuance of such a taking. T'S obligation to insure the TENANTS personal property and the keeping of said '. That the TENANT agrees that it shall be the TENAN personal property shall be at the sole risk of the TENANT. 8. That the TENANT agrees to indemnify and hold the LANDLORD harmless from any and all liabilir:, loss or damage arising from any nuisance made or suffered on the leased premises by the TENANT.or[he TLNAN T S family,guests.licensees.and or invitees,to and from any negligence,or illegal or improper conduct of any of said persons.Neither the TENANT or any of the heretofore described persons shall make or suffer offensive use of the leased premises,nor commit or permit any nuisance to exist thereon,nor cause damage to the leased premises,nor create any substantial interference with the rights,comfort.safety or enjoyment of the LANDLO RD or other occupants of the same or any ocher apartment. nor :cake any use whatsoever thereof other than as and for a private residence. 9.That the TENANT agrees that no articles of personal property shall be placed in common areas. v other shali be in writ and shall be deemed to be duly given only if delivered personally or mailed by 10.That any notice by either part to the o 8 th LANDLORD at the _ e' ro ert is located and:o.a uildin in which the leas o p p y the TEN at the P g registered or certified maih addressed to r the purpose o!notice. B address noted on this lease; unless either par;:has notified :he other party in writing of a change of address o h p p 11.That during the lease term the LANDLORD will keep and maintain the leased premises in such good repair,order and condition as the same are at the commencement hereof.reasonable wear and tear and damage by unavoidable casualty excepted.And the LANDLORD shall make all be required by any laws, ordinances, orders..or regulations of any public authorities repairs,changes,alterations, and additions which may having jurisdiction over the leased property except that the TENANT shall make all such repairs,changes.alterations.and additions required because of any use made of the leased property by the TENANT other than the proper and lawful use as a private residence,or because of any unlawful action or any negligence of the TENANT or any breach or default by the TENANT under this lease. 12.That TENANT agrees to allow the LANDLORD to enter and view the premises, both inside and outside: A)to inspect the premises; B)to make repairs thereto; C)to show the same to a prospective TENANT or PURCHASER; D) pursuant to a Court Order;and E)to protect the premises if it appears that said premises have been abandoned by the TENANT; F)to inspect.within the last 30 days of the tenancy or after either party his given notice to the other of intention to terminate the tenancy,the premises for the purpose of determining the amount of damage, if any, to the premises which would be cause for deduction from any security deposit held by the LANDLORD pursuant to law. 13.That if the TENANT defaults.breaches and!or otherwise fails to comply as regards any of the terms,conditions.covenants.obligations,or agreements,expressed herein or implied hereunder,the LANDLORD,without necessity or requirement of making any entry may terminate this lease by A) a seven('')days written notice to the TENANT to vacate said premises in case of any breach except only for nonpayment of rent, a B)a fourteen(14)day written notice to the TENANT to vacate leased premises upon the neglect or refusal of the TEN ANT to pay the rent as herein provided. Any termination under this section shall be: C) without prejudice to any remedies of the LANDLORD which might otherwise be used for arrears of rent use and occupancy or ocher -)reach of any of the said terms,conditions,covenants, obligations or agreements;or (Continued on Sheet 2) - D) without prejudice to any remedies Of the TEN•,n.NT which might nthcrw: ` Reguiations of the Commonwealth of .,,lassachusct(s sc be au;horved and or a eyu.rc h, the anpl cable laws and F!but nothing herein shall been due be constr n ued a,the appl caon ul;merest alter such rent shall have or a pcnaity for the Tr.N'A`'T'S failure;c^.ac rent anal; ;rts(.0)days h ha ' 14 That the parties agree that ir, case of any terminatuin of this be reason n(the default of the `E\' �'; L.ANDLO.RD: A '. then at the option of the A) the TENANT will forthwith pav to the LAN'D[_OP,r) ,s -. �avments caiied (or hereunder for the remainder of the term. _• '�" cJOa' :o tnr amours; pv w B) the TENANT will furthermore indemnify the L.A.NDLORD from ar,c against ans loss and oama�c sust biers Inc rent and other termination caused by thcdefault of,or the breach bv.the TE�'A;N'?. LAN'DLORD'S dams limited to,any loss of rents.accrued but unpaid prior to termination;rc a.neo by reason of any ges hercundr shall inc!ude.but shall not be adver:air3 cost,: the reasonable costs incurre in cieanir.¢and regain❑ giber remises n order to the charges incurred by LAN DLOR D in moving Tc'VA;\'T S belongings pursuant toeviction proceedings;legal costs and r:asonableattornev s' g p same;moving and storage tees incurred by the LANDLORD in collecting any damages hereunder or it obtaining process or otherwise, and to am and all other remedies provided by'law. C)the LANDLORD may remove the TENANTS goods or effects pursuant to a Court Order oandsthe LANDLORD halle icased snot es bbe lit summary be deemed t for any loss of or damage to TEN'.A NT'S goods or effects and the LAND LOR D'S act of so removing such goods or effects shall be deemed to be the act of and for the account of TEN.A N'T.provided.however,that if the LA effects.he shall comply with all applicable laws and shall N DLOR D removes the TENANT'S goods or , a exercise due care in the handling of such goods to the fullest practical extent under the circumstances: I`.That no consent so Q ye �-animals,birds, a Deis of any description and cnnser. shall be kept in or upon the!eased premises rr.o cd zr ary tine. �.•.iwi�L'.3 written consent; 16. That no surrender or acceptance of surrender of the leased premises shall be valid, uniess so stipulated in writing I'. That the TENANT shall not assign or sublet or permit the leased property or an by the LANDLORD. named herein. the TENANT'S spouse,children,or guests for temeoran visits),withoupahe Prior writtenten consent o be used by tf ere(cxccvt the TENANT LANDLO Din each instance. If this least is assigned, y h the leased property or any part thereof is sublet, or occupied by any outether than the TENANT, the LANDLORD may.afte,-deiault by the TENANT,collect rent from the assignee,subtenant.or occupant and a Iv bee net amount collected to the rent herein reserved.No such assignment,subletting,occupancv,or collection shall be deemed a waiver of this covenant,a the acceptant the assignee.suttcnant,or occupant as TENANT•or a release of the TENANT from further performance by the TENANT of the covenants of this lease" The consent by the LANDLORD to an assignment or subletting shall not be construed to relieve the TENANT from obtaininga of consent in writing of the LANDLORD to any;urther assignment or subletting. the 18.That the waiver of one breach of any term,condition,covenant.obligation,oragreement of this lease shall not be considered to bea waiver of that or any other term.condition, covenant, obligation. or agreement or of any subsequent breach thereof. 19. That if any provision of this lease or p(rtion of such provision or the application thereof to any remainder of the!ease?or the remainder of such provision)and the application person or circumstance is held invalid,the thereby. thereof to other persons or circumstances shall not be affected 20.That the LANDLORD acknowledges that provisions of applicable law forbid a LANDLORD from threatening to take or taking reprisals against an TENANT for seeking to assert his legal rights. '_1. LEA.C' •-_r�;T; Whenever a child or children under six years of age p accessible materials contain dangerous levels of lead as defined pursuant to section one hundred and ninety-tour, the owner shall remove ge resides in any residential premises in which any paint,plaster or other cover said paint.plaster or other material so as to make it inaccessible to children under six years of age,with the provisions of Massachusetts General Laws, Chapter III, Section 197. mo a or 22. UREA FORMALDEHYDE INSULATION-UFFI:A LANDLORD of a residential dwelling containing UFFI shall disclose or cause to be disclosed to all prospective tenants and to all existing tenants the presence of U FFI in the dwelling.In the case of a r LANDLORD aware ol the presence ofUFFlinthedwellin shall TENANT.The 8 make prospective e disclosure t cT scl he osure shall be ma disclosure beforeIx ENANT,a d � entering e in writing,and shall be hin into a lease 1 - snall be signed by the LANDLORD or its agent as well as by the prospective or existing TENANT.The LANDLORD hall keep agreement copy or ha in the form of toe disclosure set forth in 105 CM R 651.01 I(3)oras amended and second original of the signed disclosure as proof of its delivery to the prospective or existing TENANT. As par-, of t LANDLORD shall also deliver or cause to be delivered to.the prospective TENANT or existing TENANT at the time current UFFI Information Sheet developed by and available at the Department. p he disclosure, the of the disclosure the 2+. That the LANDLORD agrees to ay a BROKER'S fee of ....0.,•, r g p io of the total rental' hereo!to n�a•.• •""""•'•' ••••••• upon receipt of the ...?.,.• 7crital payment for this icase from the TENANT. OPTIONAL PROVISIONS (Complete or delete if not applicable): 24,The LANDLORD agrees to pay a broker's fee of ...... subsequent rentals of the premises to the TENANT, upon receipt of the rental payment from any subsequent rental to the TENANT. cc of the total rentalon any 25. In the event of a subsequent sale of the premises to the TENANT by the LANDLORD during the term of the tenancy days or within . upon assas toamount of fee to be reasonably agreed after the BROKER and the LANDLORD.buaSube paid by the LANDLORD based harmless as to any dispute and:or litigation between the BROKER and the LANDLORD as to the determinati • h TENANT gL'�'ER shall be held on of said fee (Sheet _) a 26. Additional Provisions: That if for any reason the owner of the property, Ms . Harriett St0'ckt*6n-Wor'Eiiirig,tb n*.,. r P-t ''t-6"Ed rh*s tab n,*with........... ... ... .. ................... ...... I... ... . . . . . . . . . . . . . . . . . . I . . . . . ...... . .............. .. .............................. the.. ntntion to either sell or take possession of the premises ......... i......e..:....................... . ... ...........................I....duly I.f- as her primary residence, the tenant will be uly noti 1edof ... ........................... ........... . . . . . . . . . . . . . .. . . . . .. ........... ............. .. .............................. .... this event and asked to quit and give u...... ...... ... . . . ........ .. .. on thirty ( 30 ) ..... ..P the premises up ........... . .. . .. ..... . . ... ....... days Notice. IN WITNESS WHEREOF,the said parties hereunto set their hands and seals on the day and year first above wr;r,-,. LANDLORD Christy..Stusse for Harriett Stockton ............ ............:............................ TENANT ........................................................ Jennifer Marshall ........................................................ BROKER .....none ..............................................I......... The TENANT hereby acknowledges the receipt of an executed copy of this lease from the LANDLORD on ......................... 19.......... which is within thirty(30)days of the signing of this document by said TENANT. TENANT ......... J ... ennif,e'r'—M*a'r- hb:ll— RENT RECEIPT TO: ....................... RE. ...?771 Main Street, RTE 6A (Tenant) ................................................ 21.0..M&in..Str-e.et,...Yar.roQv:thpprt,MA Barnstable, MA .................. .................................. (Address) (Descriptionof Leased Premises) I/we hereby acknowledge receipt of the following on this .................... ... day of ........................ 19 1. First Month's Rent S 2. Last Month's Rent ........850 . 00 LAST MONTH'S RENT Any Landlord or his agent who receives,at or prior to the commencement of a tenancy,rent in advance for the last month of the tenancy from a tenant or prospective tenant shall give to soch tenant or prospective tenant at the time of such advance payment a receipt indicating the amount of such ftmt. the date on which it was received, its intended application as rent for the last month of tenancy, the name of the person receiving it and. in the case of an agent,the name of the Landlord for whom the rent is received,and a description of the rented or leased premises.and a statement indicating that the tenant is entitled to interest on said rent payment at the rate of five percent per year or other such lesser amount of interest ash been received from the bank where the deposit has been held or in accordance with M.G.L.Ch. 186 Section 15B as may be further amended.payable in accordance with the provisions of this clause.and a statement indicating that the tenant should provide the Landlord with a forwarding address at the termination of the tenancy indicating where such interest may_be given or sent. Any Landlord orhis agent who receives said rent in advance for the last month of tenancy shall, beginning with the first day of tenancy, pay interest at the rate of five percent per year or other such lesser amount of interest as has been received fr;m'Lhe bank where the deposit has been held or in accordance with M.G.L.Ch. 186 Section 15B as may be further amended. Such interest shall be paid over to the tenant each year as provided in this clause: provided. however, that in the event that the tenancy is terminated before the anniversary date of such tenancy, the tenant'shall receive all accrued interest within thirty days of such termination. Interest shall not accrue for the last month for which rent was paid in advance. At the-end of each year of tenancy. such Landlord shall give or send to the tenant from whom rent in advance was collected a statement which shall indicate the amount payable by such Landlord to the tenant, The Landlord shall at the same time give or send to such tenant the interest which is due or shall notify the tenant P . he may deduc, the interest from the next rental payment of such tenant. If, after thirty days from the end of each year of the tenancy, the'tenant has not received I said interest due or said notice to duduct the interest from the next rental paymen(, the tenant may deduct from his next r I ent payment the interest due. If the Landlord fails to pay any interest to which the tenant is then entitled Within thirty days after the termination of the tenancy,the tenant upon proof of the same in an action against the Landlord shall be awarded damages in an amount equal to three times the amount of interest to which the tenant is entitled,together with court costs and reasonable attorneys fees. If the Landlord transfers his interest in the dwelling unit,any advance rents received hereunder are to be handled in accordance with Massachusetts General Laws C. 186 sec 15B(7A). LANDLORD ................................... LANDLORD'S AGENT ................... ........ .. ................... Tenant hereby acknowledges receiving a copy of the within rent receipt. Dated: ...................................... ........... Receipt .................... ............ (Tenant) Revised 1/1/91 B05 April 3, 1995 Christy Stusse 11 High Popple Road W. Barnstable, MA 02668 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE H, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51 The property managed by you located at 2771 Main Street, Barnstable was inspected on March 27, 1995 by Christina Kuchinski, R.S., Health Inspector for the Town of Barnstable because of a complaint. The following violations of the Town of Barnstable �Q Rental Ordinance Article 51 were observed: �a 10.501: Pane of glass missing in prime window frame of window in living room. 410.5012)04 The second floor bathroom storm window is stuck in position. 410.500: The ceiling in ,floor hallway and master bedroom is damaged due to peeling paint, mildew and stains from past leaking problem with roof a oV`'P'410.351: Corroded electric contacts observed at the outdoor light fixture. 410.351: Kitchen sink faucet leaks. 3 orr-e410.351: The washing machine is not operating correctly. The washing machine tub overfills, flooding the basement floor and becomes stuck between cycles. 410.354: Cross electric metering of annex, which is an area beyond possession of current tenant, to single house meter #73204. Includes electric hot water eater and motor for oil fired furnace. 410.481: The building not posted with the owner's and/or the manager's name, address and telephone number. /,5/QJ- C -�° PM Pee �CP -Q�DV/ You are directed to correct the above listed violations within seven (7) days of receipt of this notice. You may request a hearing if written petition requesting same is received by the Board of Health within seven (7) days after the date order is received. However, this violation must be corrected regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of not more than $500. Each separate day's failure to comply with an order shall constitute a separate violation. You are also subject to non criminal citations of$40.00 for the first violation and $15.00 for each additional violation. Tickets will be issued daily until the violations are corrected. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean Director of Public Health TM/Is cc: Lee Hamilton, tenant t v seSS�e The Town of Barnstable a Health Department o _ 367 Main Street, Hyannis, MA 02601 1 s.u�►� ;b o• �F Thomas A. McKean Director of Public Health Office 508-790-6265 FAX 508-775-3344 April 3, 1995 Christy Stuss le d 11 High Popp Road W. Barnstable,MA S OF 105 CMR 410.00 STATE BITAT ON NOTICE TO ABATIT-ARY E VIOLATION FIANCE ARTICLE 51 CODE 11 MINIM UM STANDARDS OF FITNESS R IiUMAN lI !A�ND TIIE TOWN OF BARNSTABLE RENTAL OI inspected on ed b you located at 2771 Main Stt, Barnstable ctor fo was the Town of The prop e�Y managed Y March 27, 1995 by Christina Kuchinski, R.S., Health ' t• The following violations of the Town of Barnstable Barnstable because of a complain Rental Ordinance Article 51 were observed:e window frame of window in living room. Pane of glass missing in prim 41_-' position. The second floor bathroom storm window is stuck in 41 and master bedroom is damaged due to The ceiling in and floor hallway ast leaking problem with roof. peeling 41�0: paint, mildew and stains from p 41�0 35_ 1: Corroded electric contacts observed at the outdoor light fixture. 410.51: Kitchen sink faucet leaks. is not operating correctly. The washing machine tub machine cycles. 41�1: The washing the basement floor and becomes stuck between overfills, flooding 414 Cross electric In of annex, which is an area beyond possession of nt to single house meter #73204. Includes electric hot water current tenant, heater and motor for oil fired furnace. 410.81. The building not posted with the owner's and/or the manager's name, address and telephone number. You are directed to correct receipt of this notice, the above listed violations within seven (7) days of You may request a hearing if written petition requesting must be corrected regardless days after the date order is ce ved s received by the Board of gardless of any tequest for a hearing. However, this violation Please be advised that failure to comp) v,i than $500 Ys f . Each separate da ' y th violation. ailure to co an order could result in a fine mply with constitute order shallof not a se more You are also subject to non criminal citation separate for each additional violation. Tickets s of$40,00 For the first will be issued daily until the viol d $15.00 PER ORDER OF THOARD E B OF HEALTH ations violation an are corrected. T somasemo- McKtean Director of Public Health TMAs cc: Lee Hamilton, tenan • .t w r Town of Barnstable Health Department ;¢ 367 Main Street, Hyannis, MA 02601 Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health June 12, 1995 Michael Stusse Mattakeese Professional Building 25 Mid-Tech, Suite C West Yarmouth, MA 02673 FAX 790-4778 - RE: 2771 Main Street, Barnstable Dear Mr. Stusse: I am in receipt of your request for a hearing regarding the above referenced address. You are scheduled to appear before the Board of Health on Tuesday June 20, 1995 at 7.00 P.M. or as soon thereafter as practical. The hearing will be held at the second floor Hearing Room, 367 Main Street, Hyannis, Massachusetts. You have the right to inspect and copy the Board of Health file regarding this matter to be heard. F Sincerely yours, E Thomas A. McKean Director of Public Health Town of Barnstable i TM/bcs i i Hoeese WARREN,INC.NOv.197atea3 THE COMMONWEALTH OF MASl3ACHUSETTB BOARD OF HEALTH r,.,3,' •j, r1•. :! n ( r ( 01 ?7� ►1 ar t �`.,r,� :S}¢ 1 .0 CITYrr0WN•,, t���¢kSi7�7C Ia/S1"l.ft7�Ia��Y ply r x Z tt �r.? '77 =�J7.rir'7! �((j 11.'i( :'t,�i ki) 'inR (.i,!:4x 3 Cr{/,.. if1kE)rrT, (,c, •, n.I Iksd:; �•irrj pp } ENT �rr):,n.t.i r.}lei oyr.;r° ,,• �ort� ,c+ k - ,r. DEPA ' f F ° s► ° ` '!fix a •ry P P ' � yJt ,, t� ���.•�•' � U/. <'! Ir,;St1Qf � r ,•t' 14 {l) n �� ,=�Cbc-7," �'`�. .!2� � �-.1" �'`/IL C. v U:;�l<(�!F` f{*# fr'.rrr{:� (13(.-.(:( t 4{;'j•) .�j,f �:T YT`.7(jf,tt., :t1r4'4_oj{(j 17r1(��``i 7eti0?..�t'�irr�f!j11� •s;:ri ., t{yr(+�"t r� a li�� ��'�'P�� �1' 3-'A'f "TELEPNONE'}:! ' ' 3P , ..�+n7 4r� Address`,'- 7/� jCrJ? U�,,_� ; �7: �_` 1• �Occupan Floor K•' i•r r =s s a nn a l F(P(I ""Apartment No: No of Occupants` tt No.of Habitable Rooms .T""4 ` l o. leaping Rooms r� ' " ''rt"�; �cfTtvnotsat.0}+r �{ )', Stones" , , •-t I f) 1,,th ne-J ,�,�a� n}+1f T!�rj on No.dwelling or roominfg urnits * r ,` i ;{i{ 9 si!nr7 n Al 1C I,rti.!1��1'On Name and address of owaer'• J !E C.j . ,�, a • l / / Remarks Rey. Via. ' � C ) ^-t:r M+tfO'Cci c,< Jnr•. �:^rr'. YARD C Out gl s.: Fences: Garbage and Rubbish t, r, Art:; P. AAA Vol ( F <T (,, •)t•r..lt tt,n ^ri Container$• .,r1> ,,tt 3 (v' . -?rill 1;,l r{f .ngvtt'»•rrt r(rt�,� f,r . Drainage r f ; .� :x . .. , i,�a ,�u,r .,f{, } ; ) {t�tr t't:. n^,..ni}•s.,•,�r; n Infestation Rats or other, STRUCTURE EXT. Steps,Stairs,Porches: r,., ;;, Dual E ress:and Obst'n.: . - - a ❑B ,❑ F ❑ M Doors Windows: ' Roof tN (r, S Gutters,Drains: t. ( ! Walls: ' � . TFouridation: °i'` ;�•,: �.,,, P ,tf�r 0 Coa ,BASEMENT • Gen.Sanitation: Dampness: f - Stairs: I ' r - 1 �,' -Liahting, STRUCTURE INT. Hall Stairway, .r (�.� , r � � ,+ • a�n( �..,..�,•,:,� r,-, r,1,) ,io,a. Obst'n.: '• Hall;Floor Wall Ceiling:}. _„ ;;v, q�l>•r[`�,> lk i c-N7 7 ..z,.r;►: (;� �• ' fj .fin, , .,,• , n„'.[•;•�xF ytt f ruff!`,'1 PinlA rtn+rrr+-u1 7 ) •,•1;V?saR>,a+.et I Hall Lighting HaIlWindows: �,.. „7 •turf, ;Tn , ^ < ,�:�, :Y„r�Y< � ,... .;��rn.�„a�-.i rS7�r� HEATING Chimne s: - Central ❑Y ❑ N E ui Repair' N iM TYPE: .Stacks Flues,!Vents: PLUMBING: -Supply Line:i r �,Y- .: �,-►„��, ,r,),+. , a ❑MS ❑ST q❑P,fr Waste Line' H.W.'Tank s Safety and Vents t �� f,^ `,x 7r�ro.:x0 r.i arc Qtt3 s ELECTRICAL Panels Meters,Cir.: ' cis e fe c.-4zrrc.. -�*- ;- ❑ 110 ❑220 Fusin Grnd.: jb ng_ - 77 3,2 OV- 1u P r " (t_ tiASl t a { o •,). .RPt [1. AMP: Gen:Cond.Distrib. Box: 1; r' f% Ki( .� ��( V t� _ <,e, A - J ••{» c_1 w>r..Jti.d t'rle.>x7 ;s t,J !,1 ldL l 'L•3.a.4i.F � Gen.Basement Wirin DWELLING UNIT"" y� - _.Ventil.,,- L to . Outlets Walls ,Ceils.., ..Wind.., Doors Floors, ,Locks /•.t Kitchen ^c i-.7. !! n(e -i•r ,n i 3 i,'t a. Bathroom V :3 3¢:f 71fi.r r r( n} _ ,nl►.k 7�1: Pantry Dennr( ntI a r( i jc'ti}'v 'q +;�n t .rt nI `'T ` Llvin Room ,s iy , i. 9 J 9^ (riQT11�'n ,!.' `J aSIJ..'f"-ir .: 1- ,.� ;., a; ,r,r ' tt.?ft.Ltit;• q, c: { r'3 `S2i"43;�' 'ts3ri .Y,d• d3d ' ! -ak.Y:d�!3ia. Bedroom 1 _ • . . Bedroom 2 C..W i P !-.:> l 4 •V F. c,1 L:l A_ S J r?^" ..:. d °i! ', _f.} ._.... ..:+.,#• J✓� ,. .. s3.4 , r,dN1U , !SI f... V. J¢s1J 1 t`I1::1 Bedroom 3 Bedroom 4 Hot Water Facil. ,4•,Su .,,Ten:,Gasi3Oili,Elect. ,,^_j ►LV&Jk Lty R Stacks Flues Vents Safeties: ` 1��7 rR I _ Kitchen Facilities vSinkx t -qs� brr, of Fs irisl3illue r' ra i s4JAI ' v'StoVer1.7� �� :Y�:: '.a„. .*"{3,?(.� _et ,y..�� £„a.n r�rr.:?IJ. C(-:. ,pwv + 'st t1'7Tt� 7(W17 9�':3 �'4+ewlrF�1 "?'3"sfl�•j.:�� 51, c(/"en '�'+:+" -.. Bathing,Toilet Facil. Vent. Plumb. Sanit h ba.11 v Wasfi Basin Sfiowe�`or-Tub: ua., n:�Y{,r r eFwr �n i��r��i} cJ sx :�r>i {S. Mneral ... ;BulldlnPosted �a M 6e7gs - ( •,,(Locks on Dooro: ONE OR MORE OF THE VIOLATIONS,-CHECR D'ABOVE`IS`A-CONDITION WHICH MAY MATERIALLY WAIF -THE HEALITHtORiSAFETY4AND WELLBEING'OFzAHE9 OCCUPANT IAS DETERMINED"BY°f105CM�i'0410750s�F`1`HE?fCODE O AUTHORIZED INSPECTOR.(See Over) d t}E o�:0i d br►a ti( y�Q'.OIJ sty �0> •^- f n F�rr�,hr, n7��geg-�r�+Tta`:n) o•vir 4vi r�� �'. •.._ "THIS INSPECTION REPORT.IS.SIGNED AND CERTIFIED �JABER THE?AI S�ND v� ..r.. ... a i ]:irtJ f PENALTIES OF PERJURY." (A)r)cC 0 fi a /,Of Off) .tr r 2 „ ) 1NSPECTOR1�1 �k/ / G J7)k. 1. LE 30 9Y►r1',3 S 3noqu �rtR u ao ns 3o,�nk d I19i44bWZ _4 r ,.~. I sa! s fi&ma i r, DATE . -" vt ft3 so rSa9m�3yIMEioYtisi r r`s r r .rti reef 30 AX THE NEXT SCHEDULED REINSPECTION ' 'J P.M. _.Y AMS�rS.lf"t+r.t.t1 hr - Suzanne Phillips Attorney at Law 298 Main Street Hyannis, Massachusetts 02601 (508) 790-1116 March 27, 1995 Christina Kuchinski , Health Inspector Barnstable Board of Health 367 Main Street Hyannis, Massachusetts 02601 Re: Property at 2771 Main St . , Barnstable, Mass . Dear Ms. Kuchinski : I 'm writing to follow up on our telephone conversation of last week. I requested that you re-inspect the dwelling located at 2771 Main Street, Barnstable, currently inhabited by my client, Lee Hamilton, who is the tenant. I also requested that you specifically investigate a "cross-wiring" situation, which is a violation of the State Sanitary Code ( 105 CMR 410. 354) . As I explained, the house has a self-contained addition, called the "annex" or the "studio" by the landlord ' s agent, to which my client has no access . Yet the electricity for the annex is metered through the main house meter; there is no separate meter . All of the major appliances, including the hot water heater, the washer and dryer, and the motor for the furnace, are on this one meter. My client has been the ComElectric customer of record for that one meter since June 1994. The annex was occupied by another person until January 7, 1995. This is a clear violation `7 of the State Sanitary Code . During the conversation, you raised questions about whether anyone was living in the annex. We agree there is no one there now. However, I contend that any such evidence is not necessary to document the Sanitary Code violation (e.g. some of the DPU cases involve lights in common areas such as hallways and basements ) . I understand the issue may be of interest to the town because of a potential violation of zoning regulations; however, I am mainly concerned with protecting my client ' s interests. As a matter of fact, there is evidence that the annex was occupied during Ms . Hamilton' s tenancy in the main house. Please refer to the attache d copies of letters s written by Y Christ Stusse property manager, to the tenants , Carol Mead, Lee Hamilton, and Dianne Pearson. Re : 2771 Main St. , Barnstable Page 2 The first letter, dated May 5 , 1994, refers to the return of three separate rent checks , because the tenants deducted for a repair without prior authorization. Copies of the checks are also enclosed, and please note, all three are made out to Chris Stusse. The second letter, from Christy Stusse to Lee Hamilton and dated September 1 , 1994, includes mention of three fire alarms "two for the main house and one for the annex" . I believe this letter clearly shows Christy Stusse was aware the annex was occupied. Also, if you check the NYNEX directory for 1994-5, you will see on page 148 a listing for Lee M. Hamilton at 2771 Main St. , Barnstable; on page 271 Dianne M. Pearson is listed at the same address; and on page 334 is a listing for H. Stockton, at Main St. , Barnstable. Ms. Hamilton has confirmed the nu mber listed for H. Stockton as the phone number Carol Mead used when she lived at the house. My client also has additional documentation to show that the annex was occupied until January 1995. Please call me when you receive this letter. Thank you for your assistance. Sincerely, Enclosures Suzanne Phillips 000 O r ARDTTO, SWEENEY, STUSSE, ROBERTSON & DUPUY, P.C. ATTORNEYS AT LAW MATTACHEESE PROFESSIONAL BUILDING 25 MID—TECH DRIVE, SUITE C WEST YARMOUTH, MASSACHUSETTS 02673 EDWARD J.SWEENEY.JR. TELEPHONE(508)775-3433 QARY V.NICHOLS MICHAEL B.STUSSE FAX(508)790-4778 RICHARD A.DALTON DONNA M.ROBERTSON CHARLES M.SABATT MATTHEW J.DUPUY CHARLES J.ARDITO.P.C. PLEASE REFER TO FILE NUMBER s May 5, 1994 Carol Mead Lee Hamilton Dianne Pearson 2771 Main Street Barnstable , MA 02630 RE: Rent payment for May 1994 Good- people: Enclosed please find three checks for the May rent which I am returning to you. Please be advised that neither Harriet nor I will permit any reduction in the rent due which has not been previously approved. I would appreciate payment in full at this time. I am certain I made this same specific point last fall when the burner was cleaned without prior approval. Concerning this latest unapproved expense, I already had two people to do the cellar on the "toxic waste" dump day in Barnstable. I had mentioned this to Carol last week when I called about having the roof d.ciie and !no mention was made of this latest expense. Ladies, while we are delighted to have responsible adults renting Harriet 's house, however, we cannot accommodate every household expense you determine is necessary. If this arrangement is unacceptable to you please let me know. Sincerely, CHRIST STUSSE certified Mail # P 918 109 828 COPY f: i,. September 1, 1994 TO: Lee Hamilton FROM: CHristy Stusse RE: Governor's Way, Barnstable Please be advised that I have given P&R Plumbing permission to fix the thermostat and circulator when they can. The bathrooms tiles I have made a note to fix when Bill Stusse gets some time. Here are three NEW Fire alarms. Two for the main house and one for the annex. Also, I have several inquires about the house being available to rent. Should either of you be anticipating a change in your desire to continue on as Harriet's tenants kindly apprise me of same at the earliest possible date. If you have any further concerns please just give me a call. I-am back working full time as of Tuesday, September 5th at 775-3433. Sincerely, t S. Cg: CHRISTY STUSSE 11 HIGH POPPLE ROAD WEST BARNSTABLE, MASSACHUSETTS 02668 6 8 May 18, 1995 A r0 Thomas A. McKean Director of Public Health MAY Town of Barnstable 9 �994 367 Main Street Hyannis, MA 02601 cat E RE: 2771 Main Street, Barnstable Alleged Violations Dear Mr. McKean: Reference is made to your letter to me under date of April 3, 1995 which I had responded to on April 12, 1995 . As you may know, I have been fined $ 1,000.00 by Commonwealth Electric based upon the allegation that a portion of the premises were beyond the control of the current tenant. I do not believe this is true. The house is a single family residence and was rented to Ms. Hamilton as such under a tenant at will agreement. She had a roommate for a while but the roommate moved out. I had anticipated regaining possession of the premises .on May 1, 1995, however, to date Ms. Hamilton has refused to vacate the premises. This is despite the fact that I have a new tenant already to sign a year's lease for the premises immediately. For this reason I .have been unable to address any of your other concerns regarding the property. I respectfully request a hearing on this matter before an impartial fact finding Board so that I can give my evidence. Frankly, it is upsetting to be charged and fined without any type of hearing. Please may I hear from you on this matter. Sincerely, � 7S-3If33 CC: Linda Thompson, Commonwealth Electric Suzanne Phillips Attorney at Law 298 T\Iain Street Hvannis, iNiassacliusetts 02601 (508) 790-1116 March 18 , 1995 Attorney Michael B. Stusse Ardito, Sweeney, Stusse, Robertson and Pupuy, P.C. 25 Mid-Tech Drive, Suite C West Yarmouth, Massachusetts 02673 Re : Stockton-Worthington rental Dear Attorney Stusse: I have been retained by Lee Hamilton, the tenant at 2771 Main Street, Barnstable, Massachusetts , property owned by your client, Harriet Stockton-Worthington, to represent her in any and all matters relating to the tenancy. I am writing now in response to your 'certified letter to Ms . Hamilton dated 2/28/95 . As the rent day for this tenancyy has always been the first day of the month, and Ms . Hamilton received your letter on March 4th, then, according to MGL c. 186 §12 , the date of the termination of the tenancy is May 1 , 1995. In your letter, you also offered my client an opportunity to establish a new tenancy, after the termination of the existent tenancy, upon new terms and conditions , i .e. a year' s lease for the entire building at $850/month rent. My client is considering your offer, and I will communicate with you re her decision shortly. In addition, when I met with my client, I advised her that , despite any disputes , she should pay her March rent right away. She has since informed me that she did so . Please direct any questions and all future communications about this matter to me at my office . Thank you in advance for your cooperation. cc: Lee Hamilton Sincerely, Suzanne Phillips 1, Suzanne Phillips Attorney at La%v 298 DIain Street livannis, Massachusetts 02601 (508) 790-1116 March 30, 1995 Attorney Michael B. Stusse Ardito, Sweeney, Stusse, Robertson and Dupuy, P.C. 25 Mid-Tech Drive, Suite C West Yarmouth, Mass . 02673 Re : Stockton-Worthington Rental Dear Attorney Stusse: Ms . Hamilton .has authorized me to tell you that she declines your client' s offer to enter into a new tenance at the above property on May 1st. Instead, she is planning to move , and has already begun to look for another place. We have been playing quite the game of "telephone tag" lately, and I regret to say I will continue to be difficult to reach by phone in the next few days because of court appearance and similar commitments . However , at some point we do need to talk--to discuss issues such as a schedule for showing the house, a move-out inspection, etc. I look forward to talking with you soon. Sincerely, Suzanne Phillips cc: Lee Hamilton i s ARDITO, SWEENEY, STUSSE, ROBERTSON & DUPUY, P.C. ATTORNEYS AT LAW MATTACHEESE PROFESSIONAL BUILDING 25 MID—TECH DRIVE, SUITE C WEST YARMOUTH, MASSACHUSETTS 02673 EDWARDJ.SWEENEYJR. TELEPHONE(508)775-3433 MICHAEL e.STUSSE FAX(508)790-4778 RICHARD A.DALTON DONNA M. ROBERTSON CHARLES M.SABATT MATTHEW J.DUPUY RUTH A.McLAUGHLIN CHARLES J.AROITO, P.C. PLEASE REFER TO FILE NUMBER April 7 , 1995. Attorney Suzanne Phillips O 298 Main Street O Hyannis, MA 02601 RE: Stockton-Worthington rental 2771 Main Street, Barnstable, MA Dear Ms. Phillips: I am in receipt of your letter under date of March 30, 1995 wherein you have notified me of your client's termination of her tenancy as of May 1, 1995 . I am anxious that a move-out inspection should be' scheduled shortly as there may be some work that needs to be done prior to the next tenant occupying the house. Thank you for your kind attention to this matter. Sincerely, plvo aanoq a41 Aq Paiap=o os amT1 041 uT41Th uoT7Tpu03 pies ,( *43T8a4 30 3 TTV3 8q1 uodn 3uadnoao ue 3o SuTaq_TTaM pus 61a3es aopamaa o1 aauwo ay1 ATTUT=alem ao aa8uepua ,Cem yaTy� uoTlTpuoo e a o 41Tea4 a41 aTed=T (d)OS1'0" IB40 SOT uT Paleaamnua 10u 3 1 p;0 UO aq TTe 3 (0 48noayl II aa1de40 30 uoTleToTn aaylo Amy (N) pue suo '0SS'OT9 M 0 SOT Aq paaTnbaa ee dead aaylo F1e1sa3uT 1DasuT '9043e021000 'eluapoa aleuTMTTa 01 9anTTe3 (S) Aq paaTnbaa se aoe d ae *61)EOS'OTh PUe m cos'OTh SRO SOT �Caana ao Hu T TTmTe ao 3003 AuODTBq gaaod 4AVPUTVIB 3 TTTea anT33010ad ao TTVAPUag a es a uie]uTnm , . PAGE NO. DATE: -3' 13 -9-5- y ASSESSOR'S MAP & PARCEL: �� - 3 COMPLAINT,LOCATION: COMPLAINT DESCRIPTION: e tro1 J e left--; ti ORIGINATOR OF COMPLAINT(NAME)' ADDRESS: PHONE: W .A I -,�j 1 Uw r� . I IqR-14-1297 09:44 �laTTa 'i��qc P•'l^ L�Gii r � 1 c�02 r90 4773 ARDITO. SWEENEY, STUSSE, ROBERTSON & DUpUyl P.C. ATTORNEYS AT LAW MA:-TACHEESE PROFESSIONAL BUILDING ZS MID-TECH DRIVE, SUITE C WEST YARMOUTH9 MASSACHUSETTs 02673 EDwaac J.swEENEv JR TELEPHONE(508)7753433 McHAEu a.amss� _ . DONNAM. RogkgTr-.,N FAX(SOS)790.4778 'A40 A.OALTON MATTNEW J.DUPUV CMARLE$M SABATT .. - -. RUTH A.MOLAUGNLIN CHARLESJ.ARDRO. PC PLEASE REiER TO F0.E kuMeeA February 28, 1995 Ms. Lee Hamilton Governor's Way Barnstable, MA '02630 RE: Stockton rental Dear Ms. . . , Hamilton: Reference is made to the tenancy at will between yourself as tenant dnd Ms. Harriett Stockton-Worthington as landlord. After discussion with Ms. Stockton-Worthington and as her legal advisor I have been instructed to lease the premises only by way of a written lease for a period of not less than one year. Consequently this letter comes to you as a thirty day notice toY- quit and give up the premises no later than thirty days from ) receipt of this letter. ; Should you elect to remain' in the remises . to execute a lease for the building -as a single familyresidence � with an annual rent of $ 10,200.00 payable in monthly installments of $ 850.00 per month. The lease will also require that you pay a last month's rent and a security deposit in a sum equal to the last month's rent at the time of signing the lease. A form of the proposed lease is attached hereto. Should you have any questions or comments kindly call me at my work number 775-3433. Very truly yours, MICHAEL B. STUSSE 4 14BS\cs enclosure TJTq_ P.'0>02 a A Af aA O Suzanne Phillips Attorney at Lam., - 4 298 DIain Street Hwuinis, DIassacliusetts 02601 (508) 790-1116 March 18 , 1995 Attorney Michael B. Stusse Ardito, Sweeney, Stusse, Robertson and fi)upuy, P.C. 25 Mid-Tech Drive, Suite C West Yarmouth, Massachusetts 02673 Re : Stockton-Worthington rental ' Dear Attorney Stusse: I have been retained by Lee Hamilton, the tenant at 2771 Main Street , Barnstable, Massachusetts , property owned by your client , Harriet Stockton-Worthington, to represent her in any and all matters relating to the tenancy. I am writing now in response to your certified letter to Ms . Hamilton dated 2/28/95 . As the rent day for this tenancyy has always been the first day of the month, and Ms . Hamilton received your letter on March 4th, then, according to MGL c. 186 §12 , the date of the termination of the tenancy is May 1 , 1995. In your letter, you also offered my client an opportunity to establish a new tenancy, after the termination of the existent tenancy, upon new terms and conditions , i .e . a year' s lease for the entire building at $850/month rent. My client is considering your offer , and I will communicate with you re her decision shortly. In addition, when I met with my client, I advised her that , despite any disputes , she should pay her March rent right away. She has since informed me that she did so. Please direct any questions and all future communications about this matter to me at my office. Thank you in advance for your cooperation. cc: Lee Hamilton Sincerely, , JUk -U-C -r. '5U�� Suzanne Phillips TOWN OF BARNSTABLE Bpi-THE T0� OFFICE OF Bsaa9TOBL i BOARD OF HEALTH Nees. i039' 367 MAIN STREET MR'EO M �' HYANNIS, MASS.02601 June 23, 1995 Christy Stusse 11 High Popple Road West Barnstable, MA 02668 RE: 2771 Main Street Barnstable, MA Dear Mrs. Stusse: The Board of Health voted unanimously to uphold the order issued by Thomas McKean, Director of Public Health, dated April 3, 1995. Therefore, all of the violations of 105 CMR 410.00, the State Sanitary Code II, at 2771 Main Street, Barnstable 105 CMR 410.00, the State Sanitary Code 11, at 2771 Main Street, Barnstable shall be corrected within seven (7) days. This includes the violation of 105 CMR 410.354, Metering of Electricity. You specifically appealed the violation cited under 105 CMR 410.354, Metering of Electricity. Under 105 CMR 410.354(c), which states in pertinent part, "if the owner is not required to pay for the electricity or gas used in a dwelling unit, then the owner shall install and maintain wiring...so that any such electricity...used in the dwelling unit is metered through meters which serve only such dwelling unit." Your attorney, Michael Stusse, indicated that the house located at 2771 Main Street, Barnstable, Massachusetts, is a single family residence and was rented to Ms. Hamilton as such under a tenant-at-will agreement. There is a studio/annex attached to the main house which studio was occupied by Dianne Pearson during a portion of the time that Ms. Hamilton occupied the main house. You testified that the studio had it own bathroom and a small kitchenette. You described the arrangement between the tenants as house sharing.- I c lust sse2 The tenant, Lee Hamilton, testified that Mrs. Stusse had independently made arrangements with Dianne Pearson to rent the "annex/studio" as a separate unit. She also testified that the door connecting the main house to the annex/studio was locked; she was unable to gain entrance into the annex/studio. It was undisputed that the electricity for the annex/studio is metered through only one main house meter. The electricity bills were Ms. Hamilton's responsibility. In addition, Health Inspector Christina Kuchinski, R.S., testified that she only observed one electric meter for the two units. Based upon the evidence presented, it is the opinion of this Board that a violation of 105 CMR 410.354(c), the State Sanitary Code, Article II, occurred because one meter served more than one dwelling unit and the tenants were required to pay for such electricity service. In order to comply with 105 CMR 410.354 separate meters must be installed or the owner shall provide and pay for the electricity in each dwelling unit, prior to occupancy of the units. PER ORDER OF THE BOARD OF HEALTH Susan G. Rask, t5airman Board of Health Town of Barnstable SGR/bcs cc: Linda Thompson cstusse2 v The Commonwealth of Massachusetts Executive .Office of Health and Human Services Department of Public Health z r Division of Community Sanitation . a 305 South Street, Jamaica Plain, MA 02130 _a WILLIAM F.WELD - (617) 727-2660 • FAX (617) 524-8062 Governor t f dF ARGEO PAUL CELLUCCI � Lieutenant Governor GERALD WHITSURN ^. _ ✓/'A' �C f VV Secretary June 19 1995 2"1 1 DAVID H.MULLIGAN ' Commissioner �9t5 - 3 • .. vs r��iPf �'"��e �av Thomas A. McKean, C.H.O. Director Board of Health .PO Box 534 Hyannis, Massachusetts 02601 BY FAX(508) 362-4136' RE: BARNSTABLE - 2771 MAIN STREET Dear Tom: At the request of the Barnstable Board of Health I met a representative of that Board and from the Zoning Board at the above-cited property on June 16, 1995 at 10.30 a.m. Also present was a representative of the owner, Mrs. Stusse. We were unable to conduct an interior inspection as the occupant was not present. The reason for the inspection was to make a determination relative to a violation of 105 CMR 410.354. It had been alleged by the previous occupant that she was paying for the electricity utilized by a second dwelling unit on the property. The tenant making the complaint was also not available. 105 CMR 410.354 requires in part that the owner of the property pay for utilities unless those utilities are metered so that they only record utility usage for that part of the dwelling which one exclusively occupies. It also requires that there must,be a written letting agreement if it is the tenant's responsibility to pay for the utilities. In this instance there is one electric meter and two dwelling units, the main house and an attached annex. The annex has its own kitchen. The question the board must r address is, did the g occupant have the sole exclusive use of both dwellin �units and was p there a written agreement as to who was to pay for the utilities? If the answer to the second question is that there was no written agreement there is no need to determine the question of exclusivity. If there is a written agreement then the board of health, based on testimony will have to make a determination as,to whether the occupant had exclusive use of the entire dwelling. Enclosed is a copy of a Massachusetts Appeals Court Decision which deals with the issue of the need for a written agreement. If you have any questions please do not hesitate to contact me. Sincerely; 4 , Howard S. Wensley, M.S., C.H.O. Director Enclosure blck/stusse.doc PAGE NO. DATE: -2- /3 -9-5- y i4'�ASSESSOR'S MAP&PARCEL: COMPLAINT LOCATION: t COMPLAINT DESCRIPTION: ORIGINATOR OF COMPLAINT(NAME) ADDRESS: / // W ARulk � w�� t April 3, 1995 Christy Stusse 11 High Popple Road W. Barnstable, MA 02668 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE H, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51 The property managed by you located at 2771 Main Street, Barnstable was inspected on March 27, 1995 by Christina Kuchinski, R.S,, Health Inspector for the Town of Barnstable because of a complaint. The following violations of the Town of Barnstable Rental Ordinance Article 51 were observed: 410.501: Pane of glass missing in prime window frame of window in living room. 410.501: The second floor bathroom storm window is stuck in position. 410.500: The ceiling in and floor hallway and master bedroom is damaged due to peeling paint, mildew and stains from past leaking problem with roof. 410.351: Corroded electric contacts observed at the outdoor light fixture. 410.351: Kitchen sink faucet leaks. 410.351: The washing machine is not operating correctly. The washing machine tub overfills, flooding the basement floor and becomes stuck between cycles. 410.354: Cross electric metering of annex, which is an area beyond possession of current tenant, to single house meter #73204. Includes electric hot water heater and motor for oil fired furnace. 410.481: The building not posted with the owner's and/or the manager's name, address and telephone number. You are directed to correct the above listed violations within seven (7) days of receipt of this notice. You may request a hearing if written petition requesting same is received by the Board of Health within seven (7) days after the date order is received. However, this violation must be corrected regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of not more than $500. Each separate day's failure to comply with an order shall constitute a separate violation. You are also subject to non criminal citations of$40.00 for the first violation and $15.00 for each additional violation. Tickets will be issued daily until the violations are corrected. PER ORDER OF THE BOARD OF HEALTH Thomas A. McKean Director of Public Health TM/Is cc: Lee Hamilton, tenant CHRISTY STUSSE 11 HIGH POPPLE ROAD WEST BARNSTABLE, MASSACHUSETTS 02668 May 18, 1995 A r0 Thomas A. McKean Director of Public Health MAY �. 8 Town of Barnstable 1994 367 Main Street ft 4 Hyannis, MA 02601 At RE: 2771 Main Street, Barnstable � Alleged Violations Dear Mr. McKean: Reference is made to your letter to me under date of April 3, 1995 which I had responded to on April 12, 1995. As you may know, I have been fined $ 1,000.00 by Commonwealth Electric based upon the allegation that a portion of the premises were beyond the control of the current tenant. I do not believe this is true. The house is a single family residence and was rented to Ms. Hamilton as such under a tenant at will agreement. She had a roommate for a while but the roommate moved out. I had anticipated regaining possession of the premises on May 1, 1995, however, to date Ms. Hamilton has refused to vacate the premises. This is despite the fact that I have a new tenant already to sign a year's lease for the premises immediately. For this reason I have been unable to address any of your other concerns regarding the property. I respectfully request a hearing on this matter before an impartial fact finding Board so that I can give my evidence. Frankly, it is upsetting to be charged and fined without any type of hearing. Please may I hear from you on this matter. Sincerely, CC: Linda Thompson, Commonwealth Electric r Suzanne Phillips Attorney at Law 298 Main'Street Hyannis, Massachusetts 02601 (508) 790-1116 March 27, 1995 Christina Kuchinski , Health Inspector Barnstable Board of Health 367 Main Street Hyannis, Massachusetts 02601 Re: Property at 2771 Main St. , Barnstable, Mass. Dear Ms. Kuchinski : I 'm writing to follow up on our telephone conversation of last week. I requested- that you re-inspect the dwelling located at 2771 Main Street., Barnstable, currently inhabited by my client, Lee Hamilton, who is the tenant. I also requested that you specifically investigate a "cross-wiring" situation, which is a violation of the State Sanitary Code { 105 CMR 410. 354`)'-. As. I explained, the house. has a self-contained addition, called the "annex"' or the "studio" by the landlord ' s agent, to which myk;client_has no access . Yet the electricity for the annex is metered through the main house meter; there is no separate meter. All of the major appliances, including the hot water heater, the washer and dryer, and the motor for the furnace, 'are on this one meter. My client has been the ComElectric customer of record for that one meter since June 1994. Th&-annex wasaoccupied by another person until . January 7, 1995. This is a clear violation of the State Sanitary Code. During the conversation, you raised questions about whether anyone was living in the annex. We agree there is no one there now. However, I contend that any such evidence is not necessary to document the SanitaryyCode violation (e.g. some of the DPU cases involve lights in common .areas such as hallways and basements) . . I understand the issue may be .of interest to the town because of a potential violation of. zoning regulations; .however , I am mainly concerned with protecting my client' s interests.' As a matter of fact, there is evidence that the annex was occupied during Ms : Hamilton' s tenancy in the main house. Please refer to the attached copies of letters written by Christy Stusse; property manager, to the tenants , Carol Mead, Lee Hamilton, and Dianne Pearson. " r Re : 2771 Main St. , Barnstable Page 2 The first letter, dated May 5, 1994, refers to the return of three separate rent checks , because the tenants deducted for a repair without prior authorization. Copies of the checks are also enclosed, and please note, all three are made out to Chris Stusse. The second letter, from Christy Stusse to Lee Hamilton and dated September 1 , 1994, includes mention of three fire alarms "two . for the main house and one for the annex" . I believe this letter clearly shows Christy Stusse was aware the annex was occupied. Also, if you check the NYNEX directory for. 1994-5, you will "see on page 148 a listing for Lee M. Hamilton at 2771 Main St. , Barnstable; on page 271 Dianne M. Pearson is listed at the same address; and on page 334 is a listing for H. Stockton, at Main St . , Barnstable. Ms. Hamilton has confirmed the number listed for H. Stockton as the- phone number Carol Mead used when she lived at the house. My client also has additional documentation to show that the annex was occupied until January 1995. Please call me when you receive this letter. Thank you for your assistance. Sincerely, Enclosures Suzanne Phillips 4 r ti; �i $ ... �; t�i +� i � . • .� t t • J - r L _ r- z . Town of Barnstable Health Department 367 Main Street, Hyannis MA 0260.1, -.. Office: 508-790-6265 , Thomas'A. McKean FAX: 508-775-3349 Director of Public He NOTICE TO ABATE VIOLATIONS OF 105 CMR 410..00, STATE SANITARY CODE II, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE, ARTICLE 51 The property -owned 'by you locatted at was inspected on by, Health Inspector for the Town of Barnstable,. because 'of a complaint. The following violations . of the. Town of Barnstable Rental Ordinance Article 51 :and the Sanitary Code II were . observed: 35 e lCw Gr -�a� r/Gee Gv4 th �1 a v a- d r ap a��-i �f . hkta �. : - r .. You are directed° to correct the violation - of within twentyfour (24) -hours of receipt of this notice You are also directed to correct the remaining above listed violations within seven (7) .days of receipt of this notice. You may request a • hearing if written petition requesting same is received by the . Board of1,Health within seven (7) days after the date order is received. However; ' - these- violations must be -corrected regardless of any request for a hearing. Please be advised that failure -to comply with an ;order could result in a fine of not more than $500'. Each separate' day' s failure to comply with an order shall, constitute, a separate violation. You are also subject to non-criminal citaitons of .$40. 00 for P the first violation and $15. 00 for;; each additional violation. Tickets wil .be issued daily until the violations are corrected. Y ' PER ORDER OF THE BOARD OF=.HEALTH Thomas A. McKean Director of Public. Health I Town of Barnstable Health Department 1 P .... 367 Main Street, Hyannis, MA 02601 z67q Office 508-790�265 Thomas A. McKean FAX 508-775-3344 Director of Public Health June 12, 1995 Michael Stusse Mattakeese Professional Building 25 Mid-Tech, Suite C West Yarmouth, MA 02673 FAX 790-4778 RE: 2771 Main Street, Barnstable Dear Mr. Stusse: I am in receipt of your request for a hearing regarding the above referenced address. You are scheduled to appear before the Board of Health on Tuesday June 20, 1995 at 7.00 P.M. or as soon thereafter as practical. The hearing will be held at the second floor Hearing Room, 367 Main Street, Hyannis, Massachusetts. You have the right to inspect and copy the Board of Health file regarding this matter to be heard. Sincerely yours, Thomas A. McKean Director of Public Health Town of Barnstable TM/bcs CHRIST Y STUSSE 11 HIGH POPPLE ROAD WEST BARNSTABLE, MASSACHUSETTS 02668 4 8 May 18, 1995 A 10 Thomas A. McKean Director of Public Health MAY I Town of Barnstable 9 1994 367 Main Street IX Hyannis, MA 02601q RE: 2771 Main Street, Barnstable � � ` Alleged Violations Dear Mr. McKean: Reference is made to your letter to me under date of April 3, 1995 which I had responded to on April 12, 1995. As you may know, I have been fined $ 1,000.00 by Commonwealth Electric based upon the allegation that a portion of the premises were beyond the control of the current tenant. I do not believe this is true. The house is a single family residence and was rented to Ms. Hamilton as such under a tenant at will agreement. She had a roommate for a while but the roommate moved out. I had anticipated regaining possession of the premises on May 1, 1995, however, to date Ms. Hamilton has refused to vacate the premises. This is despite the fact that I have a new tenant already to sign a year's lease for the premises immediately. For this reason I have been unable to address any of your other concerns regarding the property. I respectfully request a hearing on this matter before an impartial fact finding Board so that I can give my evidence. Frankly, it is upsetting to be charged and fined without any type of hearing. Please may I hear from you on this matter. Sincerely, Ai 7 7S-3 /'3 3 CC: Linda Thompson, Commonwealth Electric n, m SENDER: y • Complete'items 1 and/or 2 for additional services. I aISO WISh t0 receive th mpl m, Complete items 3,and 4a&b. following Services (for an extra ` •.,Print your name and address on the reverse of this form so that we can fee): > 1 W return this card to you. • Attach this form to the front of the mailpiece,or on the back if space 1. ❑ Addressee's Address y does,2m permit. a+ "Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery a • The Return Receipt will show to whom the article was delivered and the date V c delivered. I Consult postmaster for fee. d '3. Article Addressed to: 4a. Article Number o CHRISTY STUSSE P 411 221 322 a 11 HIGH POPPLE RD. t!Aa 4b. Service Type fr 0 W. BARNSTABLE, MA 02668 Qs% ❑ Registered El Insured C �yt )2 Certified El COD W ❑ Express Mail ❑ Return Receipt for Merchandise G C 7. Date of Deliver Q 0 7 > 5. Sign t e Addressee) 8. Addressee's d ess(Only if requested x and fee is paid u 6. Signature (Agent) ~ L 3 >, PS Form 3811, December 1991 *U.S.GPO:1993-352-714 DOMESTIC RETURN RECEIPT to 00. Mq o fED STATES POSTAL S e z �yto �, PR c 0s- Official Business I C To 4t OF POSTAGE, $300 Print your name, address and ZIP Code here Realth Depadment lbwn of Baffiftb Pd.BOX534 Hyannis, Masgehusft O26(h f4,j�C— >o, The Town of Barnstable ` Health Department 1 "','a�' 367 Main Street, Hyannis, MA 02601 rN• �e VAR Office 508-790-6265 Thomas A. McKean FAX 508-775-3344 Director of Public Health April 3, 1995 Christy Stusse 11 High Popple Road , W. Barnstable, MA 02668 NOTICE TO ABATE VIOLATIONS OF 105 CMR 410.00, STATE SANITARY CODE II MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE,ARTICLE 51 The property managed by you located at 2771 Main Street, Barnstable was inspected on March 27, 1995 by Christina Kuchinski, R.S., Health Inspector for the Town of Barnstable because of a complaint. The following violations of the Town of Barnstable Rental Ordinance Article 51 were observed: 410.501: Pane of glass missing in prime window frame of window in living room. 410.501: The second floor bathroom storm window is stuck in position. 410.500: The ceiling in and floor hallway and master bedroom is damaged due to peeling paint, mildew and stains from past leaking problem with roof. 410.351: Corroded electric contacts observed at the outdoor light fixture. 410.351: Kitchen sink faucet leaks. 410.351: The washing machine is not operating correctly. The washing machine tub overfills, flooding the basement floor and becomes stuck between cycles. 410.354: Cross electric metering of annex, which is an area beyond possession of current tenant, to single house meter #73204. Includes electric hot water heater and motor for oil fired furnace. 410.481: The building not posted with the owner's and/or the manager's name, g . address and telephone number. z You are directed to correct the above listed violations-within'seven (7) days of receipt of this notice. You may request a hearing if written petition requesting same is received by the Board of Health within seven (7) days after the date order is received. However, this violation must be corrected regardless of any request for a hearing. Please be advised that failure to comply with an order could result in a fine of not more than $500. Each separate day's failure to comply with an order shall constitute a separate violation. f You are also subject to non criminal citations of$40.00 for the first violation and $15.00 for each additional violation. Tickets will be issued daily until the violations are corrected. PER ORDER OF THE BOARD OF HEALTH �omasX McKean Director of Public Health TMAs cc: Lee Hamilton, tenant t r URMAei g KAM Town of Barnstable Health Department - Rr 367 Main Street, Hyannis MA 02601` Office: 508-790-6265 Thomas A. McKean FAX: 508-775-3394 Director of Public He us �5, pLe M � NOTICE TO ABATE VIOLATIONS OF 105 CMR 410..00, STATE SANITARY CODE II, MINIMUM STANDARDS OF FITNESS FOR HUMAN HABITATION AND THE TOWN OF BARNSTABLE RENTAL ORDINANCE , ARTICLE 51 The property ��by you located at ���! , was inspected on by,,L�Wk, r2S Health" Inspector for the Town of Barnstable, because .' of 'a ' complaint. . The . following violations o'f the Town of Barnstable Rental Ordinance Article 51 and the Sanitary Code II were observed: VY1t _SSIY1° r� �v(h,e L'itr-J, kzze� 6Q;.�-{.;�-oc,i.,.,' ,�'�tl�►ti, �..�i-r1�o�:�.� r°.i�pN .S>>4sG� . . 416 , 506 � d ' �-� � `� l° � h, be CIDW-Cil b � fir ' . . ; _ • o G � G„ � �. s f- �, Si � � � ,_ � �, � � � �� � � ���� � ��� , � Q � � ,� � � ��� � � � � � � �� o � � � � � � � � � � S � . s � � � � � � � , � � � � w �y � ` �� Y, e r . . i ec�(2 �oour`sof ` rrecei o at' noaf--h' t p f this no ice You are aIA& directed to 'correct the eexniaxim4 above listed violations within seven (7) days of receipt- of this ,notice. You may request a hearing' if written petition requesting `! same is received by the Board -of Health 'within seven (7) days after the date order is received. However; these ' violations must be corrected regardless- of any -request for a hearing. Please be advised that failure to comply 'with an, order- could result in a fine of not more .than $500. , Each separate day' s failure to comply with, an 'order shall constitute a separate violation. _ F . You are 'also subject to non-criminal citaitons of. $40 . 00 for the first violation and $15.00 .' for each additional violation. Tickets wil be ,issued daily until the violations .. are corrected. PER ORDER OF THE BOARD OF HEALTH R r Thomas A. McKean Director of Public Health - n - - a FOR FORM110 HOBBS&WARREN,INC.NOV.1979.1M THE COMMONWEALTH OF MASSACHUSETTS BOARD OF HEALTH j .S'-/C�6 CITY/T OW N a DEPARTMENT ` ADDRESS'` Ord - 6, NGS TELEPHONE Address � �- �-Occupant �I Floor Apartment No:A^t H , No.of Occupants No.of Habitable Rooms Nd §eeping Rooms No.dwelling or rooming units =A_ No.Stories a Name and address of owner Mrytr, S,4 .' _`� S'f c, S`7�c S 2 A,0A I.- kd 1), d �� r f �� Remarks Reg. vio. YARD Out Bltl s.: Fences: Garbage and Rubbish Containers: Drainage Infestation Rats or other: STRUCTURE EXT. Steps,Stairs, Porches: Ik jfrr,_a e Ne,zr ,CK,,4,,V I P1 L-a1"4 L- Dual Egress:and Obst'n.: 04 C/ ❑ B ❑ F ❑ M Doors,Windows: IQ .r,vj- ,r ►n�,.,, ... -)14 � -,��apb � �a(r pt•�. Roof v L (.K ua E-kirfi, i R a C Gutters, Drains: ,t,J( ,K f In t<JCA,,, .4- Walls: -.4 v'fi 61A _ I f A 7/, Foundation: 0-0 t -low ter, Chimney: BASEMENT Gen.Sanitation: QV-Ak, Dampness: I ` Stairs: / k-X iJ-p_ A-1- 4-) s k'e`ti144v,, Lighting: i .s C.<atr try ,l _ STRUCTURE INT. Hall,Stairway: Obst'n.: Hall,Floor,Wall,Ceiling: y F' Hall Lighting: Hall Windows: HEATING Chimneys: Central ❑Y ❑ N Equip. Repair TYPE: Stacks, Flues,Vents: PLUMBING: Supply Line: +' SJA jr. ❑ MS ❑ ST ❑ P Waste Line: H.W.Tanks Safety and Vent(s) ELECTRICAL Panels,Meters,Cir.: ('A Lb S p/e c4xic. eifu eA, ❑ 110 ❑220 Fusing,Grnd.: J-� "4-Gr, _7Y 7 3 v y- AMP: Gen.Cond. Distrib. Box: c,..r,-A4_(r, Gen. Basement Wiring: , DWELLING UNIT Ventil. L to . Outlets Walls Ceils. Wind. Doors Floors Locks Kitchen Bathroom PantrV Den Living Room X Bedroom 1 �( Bedroom 2 Bedroom 3 Bedroom 4 Hot Water Facil. Sup.Ten.,Gas,Oil, Elect.: Fi)e 3k iF,a lil�t,j, I ,,► y,, -{ �. Stacks, Flues,Vents,Safeties: „ 1 A T4 �;� .f'i/AAd t r 1,,-4- Kitchen Facilities Sink cc,�l.x--�,, r ,i V.44 Stove / Bathing,Toilet Facil. Vent.,Plumb.,Sanit'n.: Wash Basin,Shower or Tub: Infestation Rats Mice Roaches or Other: Egress Dual and Obst'n: 1 General Building Posted P, +r f j f ✓9e-f* c d k Locks on Doors: v r ONE OR MORE OF THE VIOLATIONS CHECKED ABOVE IS A CONDITION WHICH MAY MATERIALLY IMPAIR THE HEALTH OR SAFETY AND WELL-BEING OF THE OCCUPANT AS DETERMINED BY 105CMR 410.750 OF THE CODE OR THE AUTHORIZED INSPECTOR.(See Over) "THIS INSPECTION REPORT IS SIGNED AND CERTIFIED UNDER THE PAINS AND PENALTIES O,,F.�PERJURY." i� ! INSPECTOR l ��ii}t/N'�l/(� /! lLr►rT` ITLE f Q f74 Ic v DATE ...� �7- TIME ��U �P:M.� A.M. THE NEXT SCHEDULED REINSPECTION P.M. .. i 410.750: Conditions Deemed to Endanger or Impair Health or Safety The following conditions, when found to exist in residential premises, shall be deemed conditions which may endanger or impair the health, or safety and well-being of a person or persons occupying the premises. This listing is composed of these items which are deemed to always have the potential to endanger or materially impair the health or safety, and well-being of the occupants or the public. Because Chapter II, 105 CMR 410.000 through 410.499 state minimum requirements of fitness for human habitation, any violation has the potential to fall within this category in any given situation but may not do-so in every case and therefore cannot be included in this listing. Failure to include shall in no way be construed as,a determination that other violations may not be found to fall within this category. Nor shall failure to include affect the duty of the local health official to order repair or correction of the violation(s) pursuant to 410 CMR 410.830 through 410.833 nor shall it affect the legal obligation of the person to whom the'order is issued to comply. with such order. _ (A) Failure to provide a supply of water sufficient in quantity, pressure and temperature, both hot and cold, to meet the ordinary needs of the occupant in accordance with 105 CMR 410.180 and 410.190 for a period of 24 hours or longer. (B) Failure to provide heat as required by 105 OIR 410.201 or improper venting or use-of a •space heater or water heater as prohibited by 105 CMR 410.200(B) and 410.202. (C) Shut-off and/or failure to restore electricity or gas. (D) Failure to supply the electrical facilities required by,105 CMR 410.250(B), 410.251(A), 410.253(A), 410.253(B) and the lighting in common area required by 105 CMR 410.254. (E) Failure to provide a safe supply of water. (F) Failure to provide a toilet and maintain a sewage system.in operable condition as required by 105 CMR 410.150(A)(1) and 410.300. (G), Failure to provide adequate exits, or the obstruction of any exit, passageway or common area caused by an object, including garbage or trash, which prevents egress in case of an emergency 105,CMR 410.450 and 410.451. (H) Failure to comply with the security requirements of 105 CMR 41'0.480(D). (I) Failure to comply with.any provisions of 105 CMR 410.600 through 410.602 which results in any accumulation of garbage, rubbish, filth or other causes of sickness which may provide a food source or harborage for rodents, insects or other pests or otherwise contribute to accidents or to the creation or - spread of disease. (J) The presence of lead-based paint on a dwelling or dwelling unit in violation of the Massachusetts Department of Public Health Regualtions for Lead Poisoning Prevention and Control 105 CMR 460.000. (K) Roof, foundation, or other structural defects that may expose the occupant or anyone else to fire,. burns, shock, accident or other dangers or impairment to health or dafety. (L) Failure to install electrical, plumbing, heating and gas-burning facilities in accordance with accepted plumbing, heating, gas=fitting and electrical wiring standards or failure to maintain such facilities as 'are required by 105 CMR 410.351 and 410.352 so as to expose the occupant or anyone else to fire, burns, shock, accident or other danger or impairment to health or safety. (M) Any of the following conditions which remain uncorrected for a period of five or more days following the notice to or knowledge of the owner of said condition or conditions: (1) lack of a kitchen sink of sufficient size and capacity for washing dishes and kitchen utensils or lack of a. stove and oven or any defect that renders either operable. (2) failure to provide a washbasin and a shower or bathtub as required in 105 CMR 410.150(A)(2) and 410.150(A)(3) and any defect which r -renders them inoperable. -- (3) any defect in the electrical, plumbing, or heating system which makes such system or any part thereof in violation of generally accepted plumbing heating,• gas-fitting, or electrical wiring standards that do not create an immediate hazard. .(a) failure to maintain a safe handrail or .protective railing for every stairway, porch balcony, roof or similar place as required by 105 CMR 410.503(A) and 410.503(B). (5) failure to eliminate rodents, cockroaches, insect infestations and other pests as required by 105 CMR 410.550. - (N) Amy other violation of Chapter II not enumerated in 105 CMR 410.750(A) through (M) shall be deemed to be a condition which may endanger or materially impair the health or safety and well-being of an occupant upon the failure of the owner to remedy said condition within the time so ordered by the board of health. Suzanne Phillips Attorney at Laxv 298 Main Street Hyannis, Massachusetts 02601 (508) 790-1116 March 18 , 1995 Attorney Michael B. Stusse Ardito, Sweeney, Stusse, Robertson and )Dupuy, P.C. 25 Mid-Tech Drive, Suite C West Yarmouth, Massachusetts 02673 Re : Stockton-Worthington rental Dear Attorney Stusse: I have been retained by Lee Hamilton, the tenant at 2771 Main Street, Barnstable, Massachusetts , property owned by your client, Harriet Stockton-Worthington, to represent her in any and all matters relating to the tenancy. I am writing now in response to your certified letter to Ms . Hamilton dated 2/28/95 . As the rent day for this tenancyy has always been the first day. of the month, and Ms . Hamilton received your letter on March 4th, then, according to MGL c. 186 §12 , the date of the termination of the tenancy is May 1 , 1995. In your letter, you also offered my client an opportunity to . establish a new tenancy, after the termination of the existent tenancy, upon new terms and conditions , i .e. a year' s lease for the entire building at $850/month rent. My client is considering your offer, and I will. communicate with you re her decision shortly. In addition, when I met with my client, I advised her that , despite any disputes, she should pay her March rent right away. She has since informed me that she did so. Please direct any questions and all future communications about this matter to me at my office. . Thank you in advance for your cooperation. cc: Lee Hamilton Sincerely, Suzanne Phillips Suzanne Phillips Attorney at La-*v 298 Alain Street Hyannis, Massachusetts 02601 (508) 790-1116 March 30, 1995 Attorney Michael B. Stusse Ardito, Sweeney, Stusse, Robertson and Dupuy, P.C. 25 Mid-Tech Drive, Suite C West Yarmouth, Mass . 02673 Re : Stoc%ton-Worthington Rental Dear Attorney Stusse: Ms . Hamilton .has authorized me to tell you that she declines your client' s offer to enter into a new tenance at the above property on May 1st. Instead, she is planning to move , and has already begun to look for another place. We have been playing quite the game of "telephone tag" lately, and I regret to say I will continue to be difficult' to reach by phone in the next few days because of court appearance and similar commitments . However , at some point we do need to talk--to discuss issues such as a schedule for showing the house, a move-out inspection, etc. I look forward to talking with you soon. Sincerely, P,5111 Suzanne Phillips cc: Lee Hamilton ARDITO, SWEENEY, STUSSE, ROBERTSON & DUPUY, P.C. ATTORNEYS AT LAW MATTACHEESE PROFESSIONAL BUILDING 25 MID-TECH DRIVE, SUITE C WEST YARMOUTH, MASSACHUSETTS 02673 EDWARD J.SWEENEY JR. TELEPHONE(508)775-3433 MICHAEL B.STUSSE FAX(508)790-4778 RICHARD A.DALTON DONNA M. ROBERTSON C MATTHEW J.DUPUY HARLES M.SABATT RUTH A MCLAUGHLIN CHARLES J.ARDITO, P.C. PLEASE REFER TO FILE NUMBER April 7, 1995 Attorney Suzanne Phillips 298 Main Street Hyannis, MA 02601 O RE: Stockton-Worthington rental 2771 Main Street, Barnstable, MA Dear Ms. Phillips: I am in receipt of your letter under date of March 30, 1995 wherein you have notified me of your client's termination of her tenancy as of May 1, 1995. I am anxious that a move-out inspection should be scheduled shortly as there may be some work that needs to be done prior to the next tenant occupying the house. Thank you for your kind attention to this matter. Sincerely, MICHAEL B. �STU S MBS\cs SYSTEM PROFILE ALL SYSTEM COMPONENTS SHALL BE NOTES MARKED WITH MAGNETIC TAPE OR PROVIDE MIN. 20" DIAM. WATERTIGHT (NOT TO SCALE) COMPARABLE MEANS FOR FUTURE LOCATION. Barnstable Harbor ACCESS COVERS TO WITHIN 6" OF FIN. GRADE CONCRETE COVERS TO WITHIN 3" GRADE 1. DATUM IS APPROX. NGVD TOP FOUND. EL. 73.9' 2" PEASTONE OR GEOTEXTILE \ FILTER FABRIC OVER STONE 2. MUNICIPAL WATER IS EXISTING MINIMUM .75' OF COVER OVER PRECAST 2% SLOPE REQUIRED OVER SYSTEM 71.0' 3. MINIMUM PIPE PITCH TO BE 1/8" PER FOOT. `o PRECAST H-10 TWO INVERTS NOTE: MIN. WALL THICKNESS 2" MORTAR ALL BLOCKS OR o �5 RISERS (TYP.) 4. DESIGN LOADING FOR ALL PRECAST UNITS TO BE AASHO a{•, 2'0 INTO D-BOX 4 COMPONENTS"0SCH40 PVC PRECAST RISERS H_10 a ae1�o t REQUIRED PIPES LEVEL 1ST 2' H-10 0 e� ENDS (NP) 7 5. PIPE JOINTS TO BE MADE WATERTIGHT. SIDES 68.0 Locus °�° 6. CONSTRUCTION DETAILS TO BE IN ACCORDANCE WITH T E EXISTING TEE *68.7't 1 ° ° ° °rHEKM21�1 �0®O ®m��- -�D�OO °°°° SEPTIC TANK #1** ( ) °°°°°°°° °°°°°°°° MASS. ENVIRONMENTAL CODE TITLE 5. 000000000000 0 °°°°°°°° GAS BAFFLE::' 71.6 f(#2) '°°°°°°°°°°° >°°°°°°°° ®0�00�� �MM��®��®�0 > °o°0 7, THIS PLAN IS FOR PROPOSED WORK ONLY AND NOT TOodrN ° ° ° ° ®aaoao aoln�o®®o®®a Q�� 67.37' >�o�o�o�o oo�o�o�0 65.17' BE USED FOR LOT LINE STAKING OR ANY OTHER PURPOSE. i•` 67.54' 6" MIN. SUMP 12" MIN. INT. DIM. 8. PIPE FOR SEPTIC SYSTEM TO SCH. 40-4" PVC.** INSTALLER SHALL CONFIRM MINIMUM SEPTIC TANK SIZE AT LH-10 500 GAL. LEACHING CHAMBER BY ACME PRM9MUAL. 1000 GALLONS AND ITS SUITABILITY FOR RE-USE. REPLACE 6" CRUSHED STONE OR MECHANICAL 3/4"-1-1/2" DOUBLE WASHED STONE (2) UNITS REQUIRED 9. COMPONENTS NOT TO BE BACKFILLED OR CONCEALED s o p WITH 1500 GALLON H-10 SEPTIC TANK IF NOT SUITABLE COMPACTION. (15.221 [21) OVERALL DIMENSIONS TO OUTSIDE OF STONE: 25' X 12.83' WITHOUT INSPECTION BY BOARD OF HEALTH AND PERMISSION ( 3 % SLOPE) OBTAINED FROM BOARD OF HEALTH. ry FOUNDATION- EXIST. SEPTIC TANK #1 - 38' ( 2 % SLOPE) 10. CONTRACTOR SHALL BE RESPONSIBLE FOR CALLING DIGSAFE (1-888-344-7233) AND VERIFYING THE LOCATION OF ALL UNDERGROUND & OVERHEAD UTILITIES PRIOR TO D' BOX 12' LEACHING COMMENCEMENT OF WORK. LOCUS MAP FACILITY ( 6 % SLOPE) 59.8' BOTTOM TH-1 11. EXISTING LEACHING FACILITY SHALL BE PUMPED AND NO GROUNDWATER FOUND REMOVED OR PUMPED AND FILLED WITH CLEAN SAND. NOT TO SCALE FOUNDATION EXIST. SEPTIC TANK #2 - 62' 12. ANY UNSUITABLE MATERIAL ENCOUNTERED SHALL BE *THE INSTALLER SHALL VERIFY THE LOCATIONS OF ALL 5 REMOVED 5' BENEATH AND AROUND THE PROPOSED ASSESSORS MAP 258 PARCEL 058 UTILITIES AND ALL BUILDING SEWER OUTLETS AND ELEVATIONS 06, LEACHING FACILITY. PRIOR TO INSTALLING ANY PORTION OF SEPTIC SYSTEM �E 6+� 13. CONTRACTOR TO VERIFY SOIL CONDITIONS AT TIME OF INSTALL ACCESS COVER AT FIN. GRADE 9?50' EL. 73.0t SYSTEM DESIGN: UTIL POLE MINIMUM 1' COVER MINIMUM .75' of COVER GARBAGE DISPOSER IS NOT ALLOWED OVER POLY TANK OVER PRECAST 70-. 24" 16.1"(1.34') OA PROPOSED 1,500 5' REMOVAL OF UNSUITABLE SOIL REQUIRED " ' OAK N �� EXISTING 3 BEDROOM DWELLING \ GALLON POLYETHYLENE EL. 71.6t AROUND PERIMETER OF LEACHING FACILITY, 10 HOLLY SEPTIC TANK . GAS DOWN TO SUITABLE SOIL LAYER. REPLACE S /i \ / =22•��, DESIGN FLOW: 3 BEDROOMS © 110 GPD = 330 GPD H-10 WITH CLEAN MED. SAND TO MEET ( ) / o USE A 330 P !I SEPTIC TANK„r 2 BAFFLE SPECIFICATIONS OF 310'CMR 15.255(3) �,A .��/ � / GPD DESIGN FLOW 66 CRUSHED STONE OR MECHANICAL 12" JAP. MAPLE �T ' / SEPTIC TANK: 330 GPD (2) = 660 DEPTH OF FLOW = 4' COMPACTION. (15.221 [2]) / / / / **USE EXISTING SEPTIC TANK #1 I, REQUIRED TEE SIZES: � � �,\ / REPLACE EXISTING SEPTIC TANK #2 WITH INLET DEPTH = 10" MIN. BELOW FLOW LINE \ / \ / / 1500 GAL` F'ALO_PLASTIC TANK OR EQUAL OUTLET DEPTH = 14" MIN. BELOW THE FLOW LINE LP+�- DUE TO UNSUITABILITY FOR REUSE TEST HOLE LOGS GRAVEL DRIVE. / LEACHING: To n r TANK o i' \ / SIDES: 2 (25 + 12.83) 2 (.74) = 112 GPD ENGINEER. DANIEL E. GONSALVES, SE #13587 O / BOTTOM 25 x 12.83 (.74) = 237 GPD O WITNESS: DAVID STANTON, RS i / TOTAL: 472 S.F. 349 GPD DATE: 6/8/15 C) rn I / USE (2) 500 GAL. LEACHING CHAMBERS ACME OR EQUAL PERC. RATE _ < 2 MIN/INCH // WITH 4' STONE ALL AROUND ( ) CLASS I SOILS P# 14685 EXISTING DWELL. ` // BENCHMARK: TOP OF UPPER CIRCULAR TOP FNDN. = 73.9' / BRICK STEP = ELEV. 74.3' 0" 71 ELEV. ELEV. L / APPROVED DATE BOARD OF HEALTH MA Q SLEEVE SEWER LINE WHEN A A J 000 // WITHIN 10' OF WATER SERVICE LS LS SEPTIC TANK #2 , TITLE 5 SITE PLAN -!- TOPEST EL. 73.0' 10YR 4/2 10YR 4/2 /1299 of " 12 �� 7 4 0 / B B REPLACE EXISTING / 2771 ROUTE A CONCRETE TANK WITH ,^ LS LS LOT 10 1500 GAL FRALO „ 10YR 5/6 10YR 5/6 25593f SF PLASTIC TANK OR / y BARNSTABLE MA 30 68.8 30" 69.3' EXITING INVERTS. / /l PREPARED FOR C1 C1 / SL SL // MARILYN STOCKTON 2.5Y 6/3 2.5Y 6/3 84" 64.3' 78" 65.3' / DATE: JUNE 8, 2015 �0 REV: JULY 13, 2015 (REPLACE TANK #2) SIEVE C2 C2 a� / off 508-362-4541 M/CS M/CS / � O�rt�gs �� qs� fax 508-362-9880 A�A OF M 2.5Y 7/4 2.5Y 7/4 / o��DANIEL k � �o�� DANIEL s Icti��m downcape.com OJALA I` OJALA down cape e# h7eeM7,f, h7C. 59.8' 138" / 138 60.3' 132 80, / C 6 o2 Poo.40980 civil engineers NO GROUNDWATER ENCOUNTERED Scale: 1"= 20' o� F�� TeR SS land surveyors l -7 FSSIONAL tiNG\ qN Rv 939 Main Street ( Rte 6A) YARMOUTHPORT MA 02675 DCE #15-088 0 10 20 30 40 50 FEET DATE DANIEL A. OJALA, P.E., P.L.S. 15-088 STOCKTON.DWG -- _ - -- _