HomeMy WebLinkAboutViolations Reports of•Yelit TOWN OF YARMOUTH
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`.. BUILDING DEPARTMENT
X15,; .,,.,. 1 Russell K Robbins, Jr.
Plumbing and Gas Inspector
1146 Route 28, South Yarmouth,MA 02664
508-398-2231 ext. 1262 Fax 508-398-0836
rrobbins@varmouth.ma.us
To; Brian M. Heaslip
Housing Inspector
Re:434 High Bank Rd.
02/02/2011
Brian,
With regards to the following issues I witness during our joint inspection.
1- Hot Water needs to be address. Temperature as stated in your correspondence
should be between 120* and 130* F. (Found to be 145.9* F)248 CMR 10.14:
(3),(A),(3)
2- Tub and shower valve in front bathroom needs to either be replaced or rebuilt,
same applies to Master bath shower. Both temperatures will be set at 112* F. This
work will only be done by a Ma lic. Plumber. 248 CMR 10.10 (7),(E),(3),(A)
3- The natural gas 4 burner cook top in kitchen, needs to be either repaired or
replaced.
4- The outside shower is not up standards of 248 CMR 10.10(7), (E), (3), (A). It is
recommend that it be removed and cap in basement.
5- Every effort should be made to locate sources of draft causing temporary freezing
of water lines to master bath and laundry connection.
Russell E. Robbins jr.
Plumbing and Gas Inspector
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Ao R% TOWN OF YARMOUTH
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0 .-A 3, '1146 ROUTE 28 SOUTH YARMOUTH MASSACHUSETTS 02664-4451
rT r.c„+ s'ay, Telephone (508) 398-2231, Ext. 1241 — Fax(508) 760-3472
ijja ::..61" BOARD OF HEALTH
February 2,2011
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Kathleen Kenney
PO Box 1288
Dennisport,MA 02639-1288 �a00 FEB 0 2,C
By o D
Re: Exterior Wall Repairs
434 High Bank Rd-Inspection of 02/02/2011
Ms Kenney,
Upon return to the office from the above property, I discussed the existing conditions of
the exterior walls of the house with Inspector Bates. Specifically the openings we had
previously been concerned with and one other area that Mr. Bates showed you. Mr.
Lyons pointed out a small opening in the area outside the front entry near the master
bedroom, as well.
Inspector Bates and I feel the best action at this time is to cover these existing holes or
openings with aluminum or sheet metal to keep them closed, preventing further damage
and allowing the areas.to dry out. You may leave these areas sealed off until the spring
when the weather will be more conducive to the possibility of having to open a large area
of the exterior wall in the event that that would be needed. It will also be necessary to
clean the gutters at these points and make any adjustments to them needed for proper
flow of rain/snow flow to go away from the house.
Additionally, Inspector Robbins has said that the shower mixing valves must be replaced
or adjusted to a maximum temperature of 112* F.The exterior shower components
should be removed as State Title V regulations do not allow for outside showers. Your
plumber must also adjust downward the setting for the hot water heaters to deliver temps
between 120* and 130*F. I am expecting a report from Insp. Robbins and will forward
the information to you.
407 ere ttd
Brian M. Heaslip
Housing Inspector a�J
Cc: Mr. and Mrs. Lyons, tenants
file
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Gas COBS iP P
Mme.,. ;.:
Kathleen W. Kenney FEB 14 2011
P.O.Box 1288 � HEALTH DEPT.
Dennisport,Ma. 02639 /_7 '
Mrs.TimothyLyons
434 Highbank Rd. D aM
South Yarmouth,Ma. 02639 ;C. ---;--1/4._ U
FEB
1 4 RECD D
By
February 11,2011
REPLY TO YOUR DEMAND LETTER PURSUANT TO MA.GENERAL LAW
CHAPTER 93A. RECEIVED ON 1/28/2011.
Dear Mr.&Mrs. Lyons, •
Please note that I have at no time ignored any of your requests and I have not willfully
violated Chapter 93A of the state sanitary code. I will respond to your accusations by
number,following your letter dated 1/27/2011.
I There is no lead paint as my house was totally rebuilt in 1980, all new walls,
sheetrock, trim and paint.
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2. You are absolutely right that I said I would contemplate renting to you for two or
Three years, with the stipulation that you would take care of all the minor repairs
Such as cleaning the gutters, weather stripping,turning hot water heater down etc,
you even told me you were going to spraywash the house. I explained to you that
I am 65 years old, live alone, work part time and have to live on a fixed budget.
3. SIx month lease-Prior to signing the lease,I checked your references and found
that you had some financial problems and I also found that there had been a
domestic disturbance at your previous apartment and the police had been called.I
tried to be nonjudgmental and discussed these issues with you and we all agreed
to a six month lease with an addendum that if all conditions were met we would
enter into a year lease.
•
Before the first month was even over,right before Thanksgiving, I received a call
from Christina,she informed me that she had left the home for good and was with her
mother in California, that there had been a domestic fight where Tim had broken a glass
window to gain entry to the locked bedroom. She said the police as well as DSS had
been called and that she found out there were previous sexual abuse issues with his, 18 '
year old,daughter. I tried calling you,Tim leaving several messages,you finally called
me on Dec. 10th to Jet me know a water pipe had burst. At that time, believing that you
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were there alone I discussed letting you out of your lease! A few days later I received a
call from Christina saying she was back and you both wanted to stay. Four days later I
received a letter from the Health Dept with seven items in this order. The only one that
you had previously discussed with me was the washing machine.
1. Fascia Boards
2. Clogged gutters
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3. Skylights
4. Lock on sliding glass door
5. Periodic freezing of washing machine pipe
6. Smoke detectors over 10 yrs old and carbon monoxide detector in wrong plug!
I immediately called Brian Heaslip,the Yarmouth Health Inspector to see if we could
have a meeting with all of us and he said that since it was the week before Christmas, to
take you two combination detectors,which I did, and that we would get together after the
Holidays.
I was glad to see the rent was paid on January 1'but a little concerned that half was paid
by St Vincent DePaul.
On January 6th at 10 A. M.we had a meeting with Brian and both of you.Tim agreed to
clean the gutters,get a bar lock for the slider,and weatherstrip the skylight. I agreed to
• fix the fascia board and have the chimney inspected. I reiterated that I had no solution for
the washing machine and if you did,you could do it and I would reimburse you for any
monies paid,and you agreed! After Brian left,the three of us discussed the fact that I
would rather hear complaints from you rather than the Health Dept. I truly thought
everything was addressed and agreed
certified letters with even more complaints that lI knew nothingthree weeks tabbouter, ien I received your
I DON'T SEE HOW YOU COULD POSSIBLY AND HONESTLY CLAI11?,THAT I HAVE
;' IGNORED THESEREQUESTS!H
i 4. Late fee -I didn't know it was illegal and it hasn't happened.
RESPONSE TO YOUR ADDITIONS
1. Snow removal-If you read further into same law,enclosed. You will see it's very •
•
clear that it's your responsibility. See article 11 in the signed lease.
2. Skylight-done
3. Gutters - have been cleaned
4. Fascia
done to
d
Richard White on thBoards
0s'of Januspecifications and ittook y u until the 4th of February to him
do his job.
5. We now know the wood stove is not to be used therefore I will give you credit of
S40:00 for February and March.
7.
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, .
. .
. .
6. Rear storage area has always been a crude shed. You asked me for permission to
put up plastic in the inside and use it for your belongings so you could save
money on storage. 1 agreed but also said what is mine in there,tire;paint cans
stayed there.
7. Smoke and carbon monoxide detectors -done
8. Cracks in walls -debatable
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9. Heat problems -call Gas Co
10.Plumbing hot water has been turned down and shower valves adjusted. The
exterior shower components will be removed in the spring.
11. Kitchen stove. I am having difficulty finding one that fits. Am working on it.
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12. The door covering the washer and dryer was fine when you moved in,it has 7�Eq ORt)f 0t q
never fallen off, I have never stated that I"propped it up"as you stated in letter to
Brian Heaslip,and also saying,quote"When we explained that the door was a
hazard to ourselves and our small children when it fell down she was dismissive
and stated that she never had small children in the house". I raised my two
children there,and as you know from your DSS visit,I also had two of my four
grandchildren living with me off and on. More than not, there have been children
in the house and this statement was never made! I expect the door fixed before
you leave.
13. Washing machine I will give you$20.00 credit for Jan. Feb and March.It is
only inoperable when it's below freezing.
14. Sliding glass door lock done
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15. The front door expands a little when we have wet weather. 1 have used it for the
last eleven years and have never broken a window and I expect that window to be d
fixed before you leave.
16. I personally cleaned the house the day you moved in and there were
ABSOLUTELY no mice on that day!!
To conclude;there is no offer to you for$2000.00 and the rent is overdue, the rent must
be timely paid and I reserve all my rights,claims and defenses including serving notices V
to quit for failure to pay rent.
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Kathlee W. Kenney y,
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Cc. Yarmouth Health Inspector j
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• TOWN OF YARMOUTH
0 1146 ROUTE 28 SOUTH YARMOUTH MASSACHUSETTS 02664-4451
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Telephone (508) 398-2231, Ext. 1241 -- Fax (508) 760-3472
BOARD OF HEALTH
February 25,2011
Tim Lyons
Christina Lyons
434 High Bank Road
South Yarmouth, MA 02664 (I:I!f:E)
Re: Repairs and Re-Inspection
Greetings:
I have been informed that the repairs called for in my orders to your landlord, as well as
additional items noted by the Plumbing and Building Inspectors,have been completed.
Please contact this office at your earliest convenience to schedule a follow up inspection
by me.
You may schedule by calling 508 398-2231, x. 1240.
•
Si cerely,
Brian M. Heaslip
Housing Inspector
Cc: Kathleen Kenney,owner
Russell Robbins, Plumbing Inspector
Kenn Bates, Building Inspector
file