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Group of about 20 homeowners appear before board to express frustration about water damage and other health and safety concerns

Middleboro Gazette - 4/5/2018

MIDDLEBORO - A large group of Oak Point residents attended the April 2Board of Selectmen meeting to express frustration over years of water damage to their homes, noncompliance to safe housing regulations and alleged negligence from both the developers and town officials.

"We appear this evening because the town has placed us in a situation where we're occupying a home failing to meet established regulations," said resident Paula Fay, who arrived with around 20 members of the Oak Point community to share details on living conditions.

Paula and her older sister Diane described standing water and flooding underneath their home, drainage issues, an unsafe heating system, missing anchor straps and bolts, live and loose electrical wires under their slab, evidence of mold and corrosion under the slab, and improperly secure piers and support beams for their home. "The standing water is a breeding ground for insects and mold," Diane said.

The sisters said many homes in Oak Point have similar problems. "There is significant need for the town to take a look at Oak Point. Currently, many there are subjected to living environments that impact their health and safety because of the landowner," Diane said.

Residents who spoke at the BOS meeting allege that the town's building commissioner, Robert Whalen, signed off on the safety of all the homes at Oak Point before they were leased by the tenants, and they took issue with his recent visits and inspections. They also said all complaints made to the owner and developer, Hometown America, have either gone ignored or replied to with claims that it's not their responsibility.

"Installation procedures were not followed by the building inspector. The town needs to do a full review of the situation," Paula said.

Resident George White described severe flooding issues under the slab of his home as a result of a slope at the back. "We were naïve enough to believe a 6-year-old house wouldn't need a significant home inspection," he said.

A home inspection last week revealed rusted HVAC ducts, crumbling support beams and corroded natural gas lines, according to White.

Resident Frank Shifter of Greene Street said evidence of long-term problems goes back 10 years in this community and that he has submitted letters of complaints to the Department of Housing and Urban Development from more than 100 Oak Point homeowners.

He claimed the town building inspector doesn't understand the installation procedures for these homes. "He might be a good inspector of individual homes, but he has no HUD certification. He's been walking through homes without one single note written down as to any problem whatsoever," Shifter said.

Residents also aimed complaints at other town officials. Paula Fay accused Town Manager Robert Nunes of dismissing her over the phone by saying the board didn't have time to listen and "had better things to do" than to listen to her complaints.

"I did not say that the selectmen had better things to do. I never said that," Nunes responded. "I said this doesn't fall under the jurisdiction of the board. Please do not put words into my mouth. We are doing what we can as a town, but don't accuse me of saying that."

Shifter said he spoke with Board of Selectmen Vice Chairman Stephen McKinnon at last week's candidates' night about the hazards but had heard nothing since.

McKinnon said only a few days had passed and that he was still gathering information.

"My understanding is that HUD is heavily involved in this," McKinnon said. "We're re-inspecting the facilities. You don't have to like my answer, but this is the answer I'm giving you. We're getting to the bottom of this.

"It doesn't work that fast with me. I'm going to get all the information first, not just a piece of it. I'm not going to call you without getting all the information."

Shifter responded: "If I was in your position, and was told of such a safety and health hazard, I would hop to it right away rather than drag my feet."

Several residents said they came to the meeting not just to complain, but also to seek the help of the selectmen, which has governing power as the Rent Control Board. Capital Planning Committee member Neil Rosenthal chimed in on the situation. "The board has been remiss to not (have) a closer relationship with these people. They have been pent up a long time and are justifiably angry."

Paula Fay returned to the podium claiming residents want a new building inspector to return to their homes, not Whalen. "It is useless for the town to invest money in someone when that person failed to do it correctly the first time," she said.

Chairman Allin Frawley responded after the lengthy exchange that the board is bound by rules and procedures and must first speak with the other parties involved. "This is all new to us," he said.

Board members agreed to schedule a hearing with Hometown America as early as possible. Residents said they wanted to remain up to date on communication. Selectmen Leilani Dalpe pointed out to the board and to the residents that the earliest they could convene on the matter is at the end of the month due to a full agenda for the next meeting, Patriots Day the following week and a special town meeting the week after that.

When the discussion was over - and it was unexpected to start, having not appeared on the agenda - all Oak Point members, roughly three-quarters of the room, stood up and walked out.