HomeMy Public PortalAbout09.17.21 FinCom Packet
Town of Brewster Finance Committee
2198 Main St., Brewster, MA 02631
fincommeeting@brewster-ma.gov
(508) 896-3701
MEETING AGENDA
Remote Participation Only
September 17, 2021 at 8:30 AM
This meeting will be conducted by remote participation pursuant to Chapter 20 of the Acts of 2021,. No in-person meeting
attendance will be permitted. If the Town is unable to live broadcast this meeting, a record of the proceedings will be provided on
the Town website as soon as possible.
The meeting may be viewed by: Live broadcast (Brewster Government TV Channel 18), Livestream (livestream.brewster-
ma.gov), or Video recording (tv.brewster-ma.gov).
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To request to speak: Press *9 and wait to be recognized.
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Passcode: 565167
To request to speak: Tap Zoom “Raise Hand” button or type “Chat” comment with your name and address, then
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Finance
Committee
Harvey (Pete) Dahl
Chair
Frank Bridges
Vice Chair
William Meehan
Clerk
Andrew Evans
William Henchy
Alex Hopper
Honey Pivirotto
Robert Tobias
Robert Young
Town
Administrator
Peter Lombardi
Finance Director
Mimi Bernardo
1. Call to Order
2. Declaration of a Quorum
3. Meeting Participation Statement
4. Recording Statement
5. Public Announcements and Comment: Members of the public may address the Finance Committee on
matters not on the meeting’s agenda for a maximum 3-5 minutes at the Chair’s discretion. Under the Open Meeting
Law, the Finance Committee is unable to reply but may add items presented to a future agenda.
6. Town Administrator/Finance Director Report
7. Reserve Fund transfer request.
8. Matters Not Reasonably Anticipated by the Chair
9. Next Finance Committee Meeting – Sept 22, 2021
10. Adjournment
Date Posted: Date Revised: Received by Town Clerk:
Request for Transfer from the Reserve Fund
(To be submitted in triplicate)
Date September 17, 2021
To:Finance Committee
From: Peter Lombardi, Town Administrator
A request is hereby made for the following transfer from the Reserve Fund in accordance with Chapter
40, Section 6, of the Massachusetts General Laws:
Amount Requested: $20,000.00
To be transferred to: Town Administrator Operating Budget- New Account:
81 Glenwood Road Demolition
Current balances in said appropriation: $0.00
The amount requested will be used for (give specific purpose): To raze a house located at 81
Glenwood Road in Brewster, MA.
This expenditure is extraordinary and/or unforeseen for the following reasons:
The house was significantly damaged during a fire this past winter and needs to be razed due to
safety concerns. There is no existing appropriation to pay for the demolition and remediation
services. A lien will be placed on the property to ensure the Town will eventually be reimbursed
for all related expenses. Please see attached supporting materials for additional details.
Action of the Finance Committee
Date of meeting: ______________ Committee Members present and voting: _______
Transfer approved in the amount of $____________________
Transfer disapproved.
Finance Committee Chair
Requests should be made and approved by the Finance Committee before
any expenditure in excess of the appropriation is incurred.
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, SS. SOUTHEAST HOUSING COURT
DOCKET NO. 21H83CV_____
TOWN OF BREWSTER, by and through its
Building Commissioner,
v
.
Plaintiff VERIFIED COMPLAINT
FOR ENFORCEMENT
ESTATE OF JANET B. PROIA,
Defendant
INTRODUCTION
Now comes the Town of Brewster, by and through its Building Commissioner (the
“Town”) and hereby requests that this Court issue an order enforcing his January 8, 2021, and
May 18, 2021, Orders to remove the burnt, dangerous and dilapidated building located at 81
Glenwood Road, Brewster, Barnstable County, Massachusetts (the “Property”). By this
Complaint, the Town and its agents request authorization to enter the Property and take all
necessary actions to make the Property safe and secure it from unauthorized entry, to demolish
the dangerous building on the Property, and secure a lien against the Property for its costs if the
defendant fails to do so.
PARTIES
1.The Plaintiff, the Town of Brewster (the “Town”), is a municipal corporation located in
Barnstable County, Massachusetts. The Building Commission, Victor Staley, is a duly
authorized Town Official with a usual place of business at 2198 Main Street, Brewster,
MA 02631.
2.The Defendant, the Estate of Janet B. Proia, is the owner of the Property, and has a last
known mailing address of 81 Glenwood Road, Brewster, Massachusetts. Adjudication of
the Estate of Janet B. Proia is pending in the Barnstable County Probate & Family Court,
Docket No. BA17P1976EA.
STATEMENT OF RELEVANT FACTS
3.The Property was owned by Janet B. Proia, and was improved with a single-family
residence.
4.Janet B. Proia died on November 26, 2017.
5.On February 6, 2018, the Barnstable County Probate & Family Court (Ryley, J.) in re:
Estate of Janet B. Proia, Docket No. BA17P1976EA, issued an Order granting Kayla
Proia1 the “sole and exclusive use and occupancy of the home located at 81 Glennwod
[sic] Road, Brewster, MA 02631, until further Order of the Court.” A true and accurate
copy of the Order is attached hereto as Exhibit A.
6.The Barnstable County Probate & Family Court has made no further Orders concerning
the exclusive use and occupancy of the Property. A copy of the Probate Case Docket is
attached hereto as Exhibit B.
7.The Barnstable County Probate & Family Court appointed Defendant Kayla M. Proia as
Special Personal Representative of the Estate of Janet B. Proia on or about April 3, 2018,
which said appointment expired on or about November 12, 2019. See Exhibit B.
8.According to its docket, to date, the Barnstable County Probate & Family Court has not
1 Kayla Proia is the biological granddaughter, and adopted daughter, of Janet B. Proia. Upon information and belief,
Janet B. Proia has two (2) additional heirs: Karen Proia of Fall River, Massachusetts, and Sherry Grammatico of
Ann Arbor, Michigan.
2
appointed a successor personal representative for the Estate of Janet B. Proia. See
Exhibit B.
9.On or about January 6, 2021, a fire destroyed the single-family residence on the Property.
10.On or about January 7, 2021, the Building Commissioner performed an inspection of the
Property.
11.During the inspection, the Building Commissioner observed that the building had been
substantially destroyed by fire and that it was open to unauthorized entry and in danger of
collapse. Photographs depicting the conditions at the Property after the fire are attached
hereto as Exhibit G.
12.Following the inspection of the Property, the Building Commissioner prepared a Notice
of Dangerous Structure letter pursuant to G.L. c. 143, §§ 6 and 7. A true and accurate
copy of the Building Commissioner’s letter is attached hereto as Exhibit C.
13.The Building Commissioner’s letter contains the following determination: “On Thursday,
January 7, 2021, I posted a placard identifying the remains of your home as an unsafe
structure in accordance with Massachusetts General Law Chapter 143, Section 6 and the
State Building Code 780 CMR, Section 116. You are hereby ordered to immediately
demolish the remainder of the building and remove all demolition and fire debris from
the site to a licensed facility.” See Exhibit C.
14.The Building Commissioner subsequently learned that Ms. Proia was deceased.
15.After conducting a substantial amount of research to determine the whereabouts of the
current owner, the Building Commissioner discovered that Attorney Mark T. Russell, 72
Main Street, Suite 5, West Harwich, Massachusetts, had been representing the Special
Personal Representative of the Estate in the Probate Court. See Exhibit B.
3
16.The Building Commissioner exchanged several e-mails with Attorney Russell, including
sending him a copy of the January 7, 2021 order, and the Building Commissioner asked
Attorney Russell for Kayla Proia’s mailing address. Attorney Russell did not respond to
the request at that time. A true and accurate copy of the e-mail communications between
Attorney Russell and the Building Commissioner are attached hereto as Exhibit D.
17.After several months of trying to connect with someone responsible for the
Property, the conditions of the burnt, dangerous and abandoned structure were
deteriorating and remained a threat to public safety.
18.With the whereabouts of the defendant still unknown, the Building Commissioner
convened a Board of Survey pursuant to Massachusetts General Laws, Chapter
143, Section 8, consisting of the Brewster Fire Chief, Professional Land Surveyor
Donald T. Poole, and retired Orleans Building Commissioner Brian Harrison
inspected the Property and prepared a Board of Survey Report.. A true and
accurate copy of the Board of Survey Report is attached hereto as Exhibit E.
19.The Board of Survey determined that the building is open to easy entry, with
some roof and wall sections already collapsed and others are in a state of near
active collapse. See Exhibit E.
20.The Board of Survey further determined that the building and site is a serious and
immediate danger to the public. See Exhibit E.
21.A copy of the Survey Board report was sent to Attorney Russell by electronic
mail on April 27, 2021 and by certified mail on May 18, 2021. A true and
accurate copy of the correspondence to Attorney Russell is attached hereto as
Exhibit F.
4
22.Attorney Russell acknowledged receipt of the electronic mail by return electronic
mail on May 6, 2021, and provided a new address for Ms. Proia’s granddaughter
on May 28, 2021. As the time for compliance had passed by that time, I was
under the impression that Attorney Russell provided a copy of the Order to Ms.
Proia.
23.As of the date of the filing of this Complaint, the Defendant has not commenced
any work to secure and demolish the building on the Property.
24.Accordingly, the Defendant has not commenced action sufficiently to comply
with the Building Commissioner’s Orders, and the Property remains a serious and
immediate public safety threat, such that there can be no further delay in
demolition of the structure and making the property safe.
WHEREFORE, the Town requests this Honorable Court to:
A.Issue a Short Order of Notice for a hearing on the Town’s Motion for Preliminary
Injunction.
B.After a hearing, issue a Preliminary Injunction requiring the Defendant to:
1.To demolish the building on the Property and return the lot to a level graded state
within seven (7) days of issuance of such order;
2.If the Defendant fails to comply with part 1 of such order, authorize the Town,
through its duly authorized agents and/or contractors to enter onto the Property to
determine compliance with the Building Code and the Court’s Order and allowing
the Town to demolish the structures on the Property and take all other action
necessary to make the Property safe at the Defendant’s expense; and
3.If the Town is required to incur any expenses in implementing the Court’s order,
5
authorize the Town to record a lien against the property to recover any expenses
not paid within seven (7) days of demand therefor, as set forth in Massachusetts
General Laws, Chapter 139, Section 3A.
C.After adjudication on the merits, enter judgment declaring that the Defendant violated
Massachusetts General Laws, Chapter 143, Section 6 and 7, and orders of the Building
Commissioner issued pursuant thereto.
D.After adjudication on the merits, issue a permanent injunction enjoining the defendant
from violating the aforementioned statutes and orders and requiring the defendant to
maintain the Property free of the burnt, dangerous and dilapidated building that currently
stands thereon.
E.Award the Town its reasonable costs of prosecuting this action including attorneys’ fees,
service of process fees and re-inspection fees;
F.Issue fines for each day of noncompliance with the Town’s Order payable to the Town of
Brewster; and
G.Grant such other relief as justice and equity require and this Court deems proper.
6
PLAINTIFF,
TOWN OF BREWSTER
BY AND THROUGH ITS
BUILDING COMMISSIONER,
By its attorney,
Gregg J. Corbo (BBO# 641459)
Jonathan G. Murray (BBO# 703748)
KP Law, P.C.
Town Counsel
101 Arch Street, 12th Floor
Boston, MA 02110
(617) 556-0007
gcorbo@k-plaw.com
jmurray@k-plaw.com
Date: August 9, 2021
771993v4/BREW/0032
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BA17P1976EA In the matter of: Proia, Janet Barbara
Case Type:
Estates and Administration
Case Status:
Closed
File Date
12/08/2017
DCM Track:
Initiating Action:
Formal Probate of Will with Appointment of Personal Representative
Status Date:
03/29/2018
Case Judge:
Ryley, Hon. Arthur C
Next Event:
Property Information
02631
All Information Party Subsequent Action/Subject Event Docket Disposition
DOD
11/26/2017 Alias
AKA Proia, Janet B
Party Attorney
DOD Alias
Party Attorney
Attorney
Russell, Esq., Mark T
Bar Code
600493
Address
Mark T. Russell, P.C.
72 Main St
Suite 5
West Harwich, MA 02671
Phone Number
(508)430-8400
DOD Alias
Party Attorney
Attorney
Dupuy, Esq., Matthew J
Bar Code
139000
Address
Ardito Law Group, P.C.
25 MidTech Drive
Suite C
West Yarmouth, MA 02673
Phone Number
(508)775-3433
Party Information
Proia, Janet Barbara
- Decedent
More Party Information
Proia, Kayla M.
- Petitioner
More Party Information
Proia, Karen
- Objector
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DOD Alias
Party Attorney
Attorney
Dupuy, Esq., Matthew J
Bar Code
139000
Address
Ardito Law Group, P.C.
25 MidTech Drive
Suite C
West Yarmouth, MA 02673
Phone Number
(508)775-3433
DOD Alias
Party Attorney
Attorney
Pro Se
Bar Code
PROPER
Address
Phone Number
More Party Information
Proia, Karen M
- Other
More Party Information
Proia, Kayla
- Special Personal Representative
More Party Information
Subsequent Action/Subject
Description Status SA/Subject
#
Pleading
Party
Responding
Party
Status
Date
S/A - Formal Probate of Will with Appointment of Personal
Representative
Active 1 Proia, Kayla
M.
Proia, Janet
Barbara
04/12/2018
Events
Date Session Location Type Event Judge Result
12/21/2017
08:30 AM
Judge Scandurra Session Courtroom
1
Motion Scandurra, Hon.
Robert A
Event Held
02/02/2018
08:30 AM
Judge Ryley Session Courtroom
2
Motion Ryley, Hon.
Arthur C
Event Held
03/29/2018
08:30 AM
Judge Ryley Session Courtroom
1
Review Hearing Ryley, Hon.
Arthur C
Event Held
03/29/2018
08:30 AM
Judge Ryley Session Courtroom
1
Review Hearing Ryley, Hon.
Arthur C
Event Not Held -
Rescheduled/Continued
04/03/2018
09:30 AM
Judge Ryley Session Courtroom
1
Motion Ryley, Hon.
Arthur C
Event Held -
Administratively
06/01/2018
08:30 AM
Judge Ryley Session Courtroom
1
Motion Ryley, Hon.
Arthur C
Event Not Held - Party did
not Appear
06/07/2018
09:00 AM
Judge Ryley Session Courtroom
1
Motion Ryley, Hon.
Arthur C
Event Not Held -
Rescheduled/Continued
07/30/2018
08:30 AM
Judge Ryley Session Courtroom
1
Review Hearing Ryley, Hon.
Arthur C
Event Held
10/31/2018
08:30 AM
Judge Ryley Session Courtroom
1
Pretrial Conference - Probate and
Guardianship
Ryley, Hon.
Arthur C
Event Not Held -
Rescheduled/Continued
11/15/2018
08:30 AM
Judge Ryley Session Courtroom
1
Motion Ryley, Hon.
Arthur C
Event Held
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Date Session Location Type Event Judge Result
01/09/2019
08:30 AM
Judge Ryley Session Courtroom
1
Pretrial Continued Ryley, Hon.
Arthur C
Event Not Held -
Rescheduled/Continued
02/07/2019
02:00 PM
Judge Ryley Session Courtroom
1
Motion Ryley, Hon.
Arthur C
Taken Off List
03/27/2019
10:00 AM
Judge Ryley Session Courtroom
1
Pretrial Continued Ryley, Hon.
Arthur C
Event Not Held -
Rescheduled/Continued
03/27/2019
02:00 PM
Judge Ryley Session Courtroom
1
Pretrial Continued Ryley, Hon.
Arthur C
Event Held
03/27/2019
02:00 PM
Barnstable Session Evidentiary Hearing Unassigned Event Held
05/23/2019
02:15 PM
Judge Ryley Session Courtroom
1
Motion Ryley, Hon.
Arthur C
Event Held
06/04/2019
08:30 AM
Judge Ryley Session Courtroom
1
Motion Ryley, Hon.
Arthur C
Event Not Held -
Rescheduled/Continued
06/06/2019
08:30 AM
Judge Ryley Session Courtroom
1
Status Conference Ryley, Hon.
Arthur C
Event Not Held -
Rescheduled/Continued
06/06/2019
08:30 AM
Judge Ryley Session Courtroom
1
Status Conference Ryley, Hon.
Arthur C
Event Held
07/29/2019
10:00 AM
Assistant Judicial Case
Manager Session
Case Management Conference -
Probate Guardianship
MacKenzie,
Esq., Lisa
Event Held
08/14/2019
10:30 AM
Judge Ryley Session Courtroom
1
Status Conference Ryley, Hon.
Arthur C
Event Held
09/18/2019
02:00 PM
Assistant Judicial Case
Manager Session
Case Management Conference -
Probate Guardianship
MacKenzie,
Esq., Lisa
Event Held
10/09/2019
10:30 AM
Judge Ryley Session Courtroom
1
Status Conference Ryley, Hon.
Arthur C
Event Held
10/28/2019
02:00 PM
Judge Ryley Session Courtroom
1
Trial, 10 minutes, Uncontested Ryley, Hon.
Arthur C
Docket Information
Docket
Date
Docket Text File
Ref
Nbr.
Image
Avail.
12/08/2017 Petition for Formal Probate 1 Image
12/08/2017 Certificate of Death 2 Image
12/08/2017 Copy of Will (9/8/14)3 Image
12/08/2017 Devisees 4 Image
12/08/2017 Surviving Spouse, Children, Heirs at Law 5 Image
12/08/2017 Permanent Bond Without Sureties Filed 6 Image
12/08/2017 Affidavit as to Military Service 7 Image
12/08/2017 Motion For Appointment of Special PR 8 Image
12/08/2017 Temporary Bond Without Sureties Filed 9 Image
12/14/2017 NOTICE: Citation on Petition for Formal Adjudication Issued.10
12/19/2017 Appearance by Attorney, Noel C. M. Scudder, Esq.,Party Name Karen M Proia 11 Image
12/19/2017 Affidavit Of Petitioner 12 Image
12/21/2017 Motion For Appointment of Special PR ALLOWED on 12/21/2017 File Reference # 8
Judge: Scandurra, Hon. Robert A
13 Image
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Docket
Date
Docket Text File
Ref
Nbr.
Image
Avail.
12/21/2017 Order Appointing Special Personal Representative 12/21/2017
Judge: Scandurra, Hon. Robert A
Judge: Scandurra, Hon. Robert A
14 Image
12/21/2017 Temporary Bond Approved of Special Representative dated 12/21/2017, by Hon. Robert A Scandurra
Judge: Scandurra, Hon. Robert A
15 Image
01/12/2018 Citation Filed; Served as Ordered 16 Image
01/18/2018 Will (8/17/17)17 Image
01/18/2018 Notice of Appearance of Kayla Proia, Pro Se
and Objection
18 Image
01/18/2018 Motion To File Late Objection
Applies To: Proia, Kayla (Objector)
19 Image
01/18/2018 Emergency Motion For Removal of Karen Proia as Special PR
Applies To: Proia, Kayla (Objector)
20 Image
01/18/2018 Motion For Short Order of Notice
Applies To: Proia, Kayla (Objector)
21 Image
01/18/2018 Affidavit Of
Applies To: Proia, Kayla (Objector)
22 Image
01/18/2018 Certificate of Birth (copy)23 Image
01/18/2018 Affidavit Of Petitioner
Applies To: Proia, Kayla M. (Petitioner)
38 Image
01/19/2018 Motion For Short Order of Notice ALLOWED on 01/18/2018 File Reference # 21
and ORDER
24 Image
01/19/2018 Motion To File Late Objection ALLOWED on 01/18/2018 File Reference # 19 25 Image
01/31/2018 Certificate of Death 27 Image
01/31/2018 Devisees 28 Image
01/31/2018 Surviving Spouse, Children, Heirs at Law 29 Image
01/31/2018 Bond Filed 30 Image
01/31/2018 Interested Person(s) , Filed Form MPC 455 to , , 31 Image
01/31/2018 Affidavit 32 Image
01/31/2018 Motion For Appointment of Special PR 35 Image
01/31/2018 Temporary Bond Without Sureties Filed 36 Image
02/02/2018 Petition for Formal Probate 26 Image
02/02/2018 Affidavit of Indigency Filed 33 Image
02/02/2018 Affidavit of Indigency Approved 34 Image
02/06/2018 NOTICE: Citation on Petition for Formal Adjudication Issued.37
02/08/2018 Motion To Remove Special Personal Representative DENIED on 02/02/2018 File Reference # 20 39 Image
02/08/2018 Motion For Appointment of Special Personal Representative DENIED on 02/02/2018 File Reference # 35 40 Image
02/08/2018 Temporary Orders
Judge: Ryley, Hon. Arthur C
41 Image
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Docket
Date
Docket Text File
Ref
Nbr.
Image
Avail.
02/15/2018 Appearance by Attorney, Matthew J Dupuy, Esq.,Party Name Karen Proia 42 Image
03/12/2018 Citation Filed; Served as Ordered 43 Image
03/29/2018 Decree of Dismissal 44 Image
03/29/2018 Judgment/Decree on Formal probate entered on 03/29/2018 Related to File Reference #
Judge: Ryley, Hon. Arthur C
45 Image
03/29/2018 Permanent Bond Approved of Personal Representative dated 03/29/2018, by Lisa MacKenzie
Judge: Ryley, Hon. Arthur C
46 Image
03/29/2018 Affidavit Of Objection of Karen M Proia 47 Image
04/02/2018 Motion To Vacate Decree of Dismissal and Decree of Formal Probate
Applies To: Dupuy, Esq., Matthew J (Attorney) on behalf of Proia, Karen (Objector)
48 Image
04/03/2018 Order Vacating Decree of Dismissal dated 3/29/18
Judge: Ryley, Hon. Arthur C
49 Image
04/03/2018 Order Vacating Decree and Order on Petition for Formal
Judge: Ryley, Hon. Arthur C
Applies To: Proia, Kayla (Personal Representative)
Judge: Ryley, Hon. Arthur C
53 Image
04/12/2018 Temporary Order 4/3/18
Judge: Ryley, Hon. Arthur C
50 Image
04/12/2018 Order Appointing Special Personal Representative 4/3/18
Judge: Ryley, Hon. Arthur C
Judge: Ryley, Hon. Arthur C
Applies To: Proia, Kayla (Personal Representative)
51 Image
04/12/2018 Temporary Bond Approved of Special Representative dated 04/03/2018, by Susan Huet
Judge: Ryley, Hon. Arthur C
Applies To: Proia, Kayla (Personal Representative)
52 Image
04/12/2018 Order Rescinding Approval of Bond of Personal Representative 4/3/18
Judge: Ryley, Hon. Arthur C
Applies To: Proia, Kayla (Personal Representative)
54 Image
04/18/2018 Notice of Claim 55 Image
05/11/2018 Motion To Strike Affidavit of Objections 56
05/16/2018 First and Final of Karen Proia Account 60 Image
06/01/2018 Emergency Motion To Continue/Reschedule Hearing to strike Affidavit of Objections 57
06/01/2018 Objection 58 Image
06/04/2018 Motion To Accept a Copy ALLOWED on 06/01/2018 File Reference # 57 59 Image
06/07/2018 Motion To Reconsider 61 Image
06/20/2018 Opposition to Motion to Reconsider
Applies To: Proia, Karen (Objector)
62 Image
07/02/2018 Affidavit Of Objection amended 63 Image
07/03/2018 Motion To Reconsider Ruling DENIED on File Reference #64 Image
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Docket
Date
Docket Text File
Ref
Nbr.
Image
Avail.
07/10/2018 Motion To Strike Amended Affidavit of Objections
Applies To: Proia, Kayla M. (Petitioner)
65 Image
07/26/2018 Motion To Strike Portions of Motion to Strike Affidavit of Objections
Applies To: Proia, Karen (Objector)
67 Image
07/26/2018 Opposition to Motion to Strike Affidavit of Objections
Applies To: Proia, Karen (Objector)
68 Image
08/03/2018 Pre-Trial Notice and Order Sent
Judge: Ryley, Hon. Arthur C
Event: Pretrial Conference - Probate and Guardianship
Date: 10/31/2018 Time: 08:30 AM
Result: Event Not Held - Rescheduled/Continued
66
08/03/2018 Notice 69 Image
08/17/2018 Memorandum and Order 8/3/18
Judge: Ryley, Hon. Arthur C
70 Image
10/23/2018 Motion For Summary Judgment
Applies To: Proia, Kayla M. (Petitioner)
72 Image
10/23/2018 Statement of Material Facts
Applies To: Proia, Kayla M. (Petitioner)
73 Image
10/23/2018 Memorandum in Support of Motion for Summary Judgment
Applies To: Proia, Kayla (Special Personal Representative)
74 Image
11/01/2018 Motion To Continue/Reschedule 75
11/02/2018 Motion To Extend Appointment Of Special Personal Representative 71 Image
11/05/2018 Assent to Motion to Extend Appointment of Special P.R.
Applies To: Proia, Karen (Objector)
77 Image
11/08/2018 Motion To Continue/Reschedule ALLOWED on 11/02/2018 File Reference # 75 76
11/14/2018 Opposition to Motion for Summary Judgment
Applies To: Proia, Karen (Objector)
78 Image
11/23/2018 Order to Extend Appointment of Special Personal Representative 11/15/18 79 Image
03/27/2019 Event Resulted: Pretrial Continued scheduled on:
03/27/2019 02:00 PM
Has been: Event Held
Hon. Arthur C Ryley, Presiding
Appeared:
Petitioner Kayla M. Proia
Mark T Russell, Esq.,
Other Karen M Proia
Matthew J Dupuy, Esq.,
Staff:
03/27/2019 Event Resulted: Evidentiary Hearing scheduled on:
03/27/2019 02:00 PM
Has been: Event Held
Unassigned, Presiding
Appeared:
Staff:
05/08/2019 Order dated 05/02/2019
and Memorandum
80 Image
05/20/2019 Event Resulted: Status Conference scheduled on:
06/06/2019 08:30 AM
Has been: Event Not Held - Rescheduled/Continued
Hon. Arthur C Ryley, Presiding
05/20/2019 Motion To Extend Appointment of Special Personal Rep.88 Image
7/14/2021 Case Details - Massachusetts Trial Court 2
https://www.masscourts.org/eservices/search.page.6.4?x=jmAP9A3tmY7aawckoa453lEsTij1o7eTLfgJOcFEwv876moh5Zw22gJiAsi71BACLxzXtxzO0…7/8
Docket
Date
Docket Text File
Ref
Nbr.
Image
Avail.
05/23/2019 Motion To Extend Appointment for Special Personal Representative 81 Image
05/23/2019 Motion For Short Order of Notice 82 Image
05/23/2019 Affidavit Of Emergency 83 Image
05/23/2019 Matthew J. Dupuy as Counsel for Karen Proia Interested Person(s) , Filed Form MPC 455 to Assent and
Waive Notice to Formal Probate, , to Appointment to Extend Special Personal Representative
84 Image
05/23/2019 Event Resulted: Motion scheduled on:
05/23/2019 02:15 PM
Has been: Event Held
Hon. Arthur C Ryley, Presiding
Appeared:
Petitioner
Mark T Russell, Esq.,
05/23/2019 Event Resulted: Motion scheduled on:
06/04/2019 08:30 AM
Has been: Event Not Held - Rescheduled/Continued
Hon. Arthur C Ryley, Presiding
05/23/2019 Motion To Extend ALLOWED on 05/23/2019 File Reference # 81 85 Image
05/23/2019 Motion For Short Order of Notice ALLOWED on 05/23/2019 File Reference # 82 86 Image
05/23/2019 Order Appointing Special Personal Representative EXTENDED an additional 90 days till August 21. 2019
to February 13, 2019
87 Image
06/04/2019 COPY Motion For Instruction
Applies To: Russell, Esq., Mark T (Attorney) on behalf of Proia, Kayla M. (Petitioner)
90 Image
06/06/2019 Event Resulted: Status Conference scheduled on:
06/06/2019 08:30 AM
Has been: Event Held
Hon. Arthur C Ryley, Presiding
06/06/2019 Case Management Conference Notice and Order sent
Judge: MacKenzie, Lisa
Event: Case Management Conference - Probate Guardianship
Date: 07/29/2019 Time: 10:00 AM
Result: Event Held
89 Image
07/29/2019 Event Resulted: Case Management Conference - Probate Guardianship scheduled on:
07/29/2019 10:00 AM
Has been: Event Held
Lisa MacKenzie, Presiding
08/14/2019 Event Resulted: Status Conference scheduled on:
08/14/2019 10:30 AM
Has been: Event Held
Hon. Arthur C Ryley, Presiding
08/14/2019 Case Management Conference Notice and Order sent
Judge: MacKenzie, Lisa
Event: Case Management Conference - Probate Guardianship
Date: 09/18/2019 Time: 02:00 PM
Result: Event Held
91
08/14/2019 Motion To Extend Appointment of Special Personal Representative 92 Image
08/23/2019 Motion To Extend Appointment of Special Personal Representative ALLOWED on 08/14/2019 File
Reference # 92
93 Image
08/23/2019 Order dated 08/14/2019 94 Image
08/23/2019 Order Appointing Special Personal Representative EXTENDED an additional 90 days till November 12,
2019
95 Image
09/18/2019 Event Resulted: Case Management Conference - Probate Guardianship scheduled on:
09/18/2019 02:00 PM
Has been: Event Held
Lisa MacKenzie, Presiding
7/14/2021 Case Details - Massachusetts Trial Court 2
https://www.masscourts.org/eservices/search.page.6.4?x=jmAP9A3tmY7aawckoa453lEsTij1o7eTLfgJOcFEwv876moh5Zw22gJiAsi71BACLxzXtxzO0…8/8
Docket
Date
Docket Text File
Ref
Nbr.
Image
Avail.
10/09/2019 Event Resulted: Status Conference scheduled on:
10/09/2019 10:30 AM
Has been: Event Held
Hon. Arthur C Ryley, Presiding
Case Disposition
Disposition Date Case Judge
Active 03/29/2018 Ryley, Hon. Arthur C
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, SS. SOUTHEAST HOUSING COURT
DOCKET NO. 21H83CV____
TOWN OF BREWSTER, by and through its
Building Commissioner,
v
.
Plaintiff MOTION FOR
PRELIMINARY INJUNCTION
ESTATE OF JANET B. PROIA,
Defendant
Now comes the Plaintiff, the Town of Brewster, by and through its Building
Commissioner (the “Town”), and hereby moves this Honorable Court for a Preliminary
Injunction in the above-captioned case. Specifically, the Town seeks a Preliminary Injunction
Order requiring the Defendant to immediately secure the Property located at 81 Glenwood Road,
Brewster, Massachusetts (“Property”), to authorize the Town to enter the Property and take any
and all action necessary to make the Property safe, including demolition of the dilapidated and
dangerous structure thereon, and to correct the hazardous conditions on the Property.
As grounds therefor, the Town states that the Defendant has violated the State Building
Code and Dangerous Building Determination issued by the Building Commissioner pursuant to
G.L. c. 143, §§6 and 7 by failing to take an y action to secure the dangerous conditions on the
Property that result when it was substantially destroyed by fire, leaving a burnt, dangerous and
dilapidated structure. Indeed, the Defendant’s refusal and/or failure to comply presents an
immediate and significant threat to the health and well-being of Town residents, first responders,
and the surrounding environment insofar as the dilapidated and structurally unsound structure is
1
in a state of near collapse. Therefore, the Town requests that this Court issue a preliminary
injunction in accordance with the Proposed Order filed contemporaneously herewith authorizing
the Town to secure the Property and demolish the dangerous building in compliance with the
State Building Code and all applicable laws if the Defendant fails to do so.
As further grounds for this Motion, the Town relies on the Memorandum of Law filed
herewith.
PLAINTIFF,
TOWN OF BREWSTER,
BY AND THROUGH ITS
BUILDING COMMISSIONER
By its attorney,
Gregg J. Corbo (BBO# 641459)
Jonathan G. Murray (BBO# 703748)
KP Law, P.C.
Town Counsel
101 Arch Street, 12th Floor
Boston, MA 02110
(617) 556-0007
gcorbo@k-plaw.com
jmurray@k-plaw.com
Date: August 9, 2021
772061v2/BREW/0032
2
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, SS. SOUTHEAST HOUSING COURT
DOCKET NO. 21H83CV____
TOWN OF BREWSTER, by and through its
Building Commissioner,
v
.
Plaintiff MEMORANDUM OF LAW
IN SUPPORT OF MOTION FOR
PRELIMINARY INJUNCTION
ESTATE OF JANET B. PROIA,
Defendant
Now comes the Plaintiff, the Town of Brewster, by and through its Building
Commissioner (the “Town”), and hereby moves this Honorable Court for a Preliminary
Injunction in the above-captioned case. Specifically, the Town seeks a Preliminary Injunction
Order requiring the Defendant to immediately secure the Property located at 81 Glenwood Road,
Brewster, Massachusetts (“Property”), to authorize the Town to enter the Property and take any
and all action necessary to make the Property safe, including demolition of the dilapidated and
dangerous structure thereon, and to correct the hazardous conditions on the Property.
As grounds therefor, the Town states that the Defendant has violated the State Building
Code and Dangerous Building Determination issued by the Building Commissioner pursuant to
G.L. c. 143, §§6 and 7 by failing to take an y action to secure the dangerous conditions on the
Property that result when it was substantially destroyed by fire, leaving a burnt, dangerous and
dilapidated structure. Indeed, the Defendant’s refusal and/or failure to comply presents an
immediate and significant threat to the health and well-being of Town residents, first responders
and the surrounding environment insofar as the dilapidated and structurally unsound structure a
1
in a state of near collapse. Therefore, the Town requests that this Court issue a Preliminary
Injunction in accordance with the Proposed Order filed contemporaneously herewith authorizing
the Town to secure the Property and demolish the dangerous building in compliance with the
State Building Code and all applicable laws if the Defendant fails to do so.
I. STATEMENT OF FACTS
The Town relies upon the Statement of Facts in the Town’s Verified Complaint filed
contemporaneously herewith.
II. ARGUMENT
A. Standard
When requesting preliminary injunctive relief between private parties, the moving party
must demonstrate: (1) a likelihood of success on the merits; (2) it will suffer irreparable harm
without injunctive relief and (3) the anticipated harm to be suffered by the moving party if the
injunctive relief is denied outweighs the harm the opposing party will suffer if enjoined.
Packaging Industries Group, Inc. v. Cheney, 380 Mass. 609, 617 (1980). However, the standard
for injunctive relief differs, where the party requesting injunctive relief is a governmental entity.
The courts have held that when a municipal party is requesting the relief, the determination must
be whether: (1) the moving party has shown a likelihood of success on the merits; and (2) the
moving party’s requested relief “promotes the public interest, or, alternatively, will not adversely
affect the public.” LeClair, Jr. v. Town of Norwell, 430 Mass. 328, 331-32 (1999), citing
Commonwealth v. Mass. CRINC, 392 Mass. 79, 89 (1984); Edwards v. Boston, 408 Mass. 643,
646-47 (1990) (noting that the issue of irreparable harm is not a required element for injunctive
relief).
In this case, the Town, a public entity, seeks injunctive relief against the Defendant for
her violations of the State Building Code and G.L. c.143, et seq. and compliance with the
2
Building Commissioner’s Order. As will be described in detail below, the issuance of a
Preliminary Injunction in this case clearly promotes the public interest.
B. The Issuance of Injunctive Relief is in the Public Interest
There is a clear and unequivocal public interest in granting the injunctive relief requested
by the Town. Risk of harm to the public interest is an appropriate factor to be considered by a
Court when determining whether injunctive relief should issue. Burlington v. Goldstein, 388
Mass. 443, 447 (1983). The probable violation of the legislatively defined public interest will be
sufficient to achieve preliminary injunctive relief. Davis v. Cape Cod Hosp., 71 Mass. App. Ct.
1121 *2 (2008) (Rule 1:28 Decision). Violations of public health codes (including the Building
Code) are presumed to harm the public interest. See U.S. v. Kasz Enterprises, Inc., 855 F.Supp.
534, 543 (D.R.I. 1994).
As outlined in the Town’s Verified Complaint filed contemporaneously herewith, the
Building Commissioner and the assembled Board of Survey have made specific findings related
to the conditions of the Property and determined that the Property and dilapidated structure
thereon pose an immediate risk to the public. It is axiomatic that the Town has a strong interest
in ensuring the public’s safety from unsafe structures. Based on the current conditions of the
Property, as outlined further in the Town’s Verified Complaint, it is undeniable that the public
interest is served by enforcing the Dangerous Building Determination and authorizing the Town
to secure the Property and demolish the dangerous building thereon.
C. Injunctive Relief Should Be Granted Because The Town Is Also Likely To
Succeed On The Merits
Under the applicable standard for injunctive relief, the Town is also likely to succeed on
the merits in this case. Specifically, as set forth in detail below, the Town is likely to succeed in
establishing that, as a matter of law, the Defendant has not complied with the Building
3
Commissioner’s Dangerous Building Determination or the State Building Code. As the Appeals
Court has recognized, “the demonstration of a likely statutory violation corresponds to a showing
of the likelihood of ultimate success upon the merits. It relieves the applicant of the showing of
irreparability impliedly because the expected injury to the legislatively prescribed public interest
amounts to irreparable harm.” Davis, 71 Mass. App. Ct. at *2.
General Laws chapter 143 §6 provides in relevant part:
The local inspector, immediately upon being informed by report or otherwise that
a building or other structure or anything attached thereto or connected therewith
in that city or town is dangerous to life or limb or that any building in that city or
town is unused, uninhabited or abandoned, and open to the weather, shall inspect
the same; and he shall forthwith in writing notify the owner, lessee or mortgagee
in possession to remove it or make it safe if it appears to him to be dangerous, or
to make it secure if it is unused, uninhabited or abandoned and open to the
weather.
On or about January 7, 2021, the Building Commissioner issued a Dangerous Building
Determination pursuant to G.L. c. 143, §§6 and 7. Pursuant to the Dangerous Building
Determination and G.L. c. 143, the Defendant was ordered to make the structure safe
immediately. Pursuant to G.L. c. 143, §7 and Section 121.3 of the Massachusetts Building Code,
the Defendant was required to timely comply with the Dangerous Building Determination.
However, as of the date of filing of this Complaint, the Defendant has refused and/or failed to
commence work to comply and the Property remains a serious and immediate public safety
threat.
Pursuant to G.L. c. 143, §7:
Any person so notified shall be allowed until twelve o'clock noon of the day
following the service of the notice in which to begin to remove such structure or
make it safe, or to make it secure, and he shall employ sufficient labor speedily to
make it safe or remove it or to make it secure; but if the public safety so requires
and if the aldermen or selectmen so order, the inspector of buildings may
immediately enter upon the premises with the necessary workmen and assistants
4
and cause such unsafe structure to be made safe or taken down without
delay…(Emphasis added).
Here, the Defendant has failed to undertake any action to mitigate the dangerous
conditions on the Property. Accordingly, in the interest of public safety, the Town must hire
contractors to address the unsafe conditions on the Property as soon as possible.
Given the consistency of the Dangerous Building Determination with the overall
conditions of the Property as described, the Town will prove that the structure on the Property is
a danger to life or limb and requires immediate removal. Further, given the Building
Commissioner’s authority provided in General Laws Chapter 143 §6, his order was proper.
Unless the Town is authorized to take any and all action necessary to make the Property safe,
including but not limited to demolition of any parts or the whole of the building and the
installation of a fence to prevent unauthorized entry, the Property will inevitably sit idle in its
current state of disrepair, and remain a serious threat to public health and safety.
Since it is undisputed that the Defendant has failed to comply with the Dangerous
Building Determination, the Town will prevail as a matter of law. Consequently, because the
Defendant is in clear violation of the law and the Town will succeed on the merits, injunctive
relief is appropriate.
III. CONCLUSION
For the reasons provided herein, the Plaintiff, the Town of Brewster, by and through its
Building Commissioner, respectfully requests that this Honorable Court grant a Preliminary
Injunction Order against the Defendant, in the form set forth in the Proposed Order filed
contemporaneously herewith.
5
PLAINTIFF,
TOWN OF BREWSTER,
BY AND THROUGH ITS
BUILDING COMMISSIONER
By its attorney,
Gregg J. Corbo (BBO# 641459)
Jonathan G. Murray (BBO# 703748)
KP Law, P.C.
Town Counsel
101 Arch Street, 12th Floor
Boston, MA 02110
(617) 556-0007
gcorbo@k-plaw.com
jmurray@k-plaw.com
Date: August 9, 2021
772064v2/BREW/0001
6
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, SS. SOUTHEAST HOUSING COURT
DOCKET NO. 21H83CV____
TOWN OF BREWSTER, by and through its
Building Commissioner,
v
.
Plaintiff MOTION FOR
SHORT ORDER OF NOTICE
ESTATE OF JANET B. PROIA,
Defendant
Now comes the Plaintiff, the Town of Brewster, by and through its Building
Commissioner (the “Town”), and hereby moves this Honorable Court for a Short Order of
Notice for an expedited hearing regarding its Motion for Preliminary Injunction in the above-
captioned matter. As grounds therefor, the Town states that the Defendant has violated the State
Building Code and Dangerous Building Determination issued by the Building Commissioner
pursuant to G.L. c. 143, §§6 and 7 by failing to take any action to secure the dangerous
conditions on the Property. Indeed, the Defendant’s refusal and/or failure to comply presents an
immediate and significant threat to the health and well-being of Town residents, first responders,
and the surrounding environment insofar as the dilapidated and structurally unsound structure is
in a state of near collapse.
As further grounds for this Motion, the Town relies upon the pleadings filed
contemporaneously herewith. Due to a previously scheduled vacation, the Brewster Building
Commissioner is unavailable between August 20, 2021 to August 30, 2021. Therefore, the Town
1
would respectfully request that the Court schedule the hearing on the Motion for Preliminary
Injunction between August 31, 2021 and September 3, 2021, if amenable.
PLAINTIFF,
TOWN OF BREWSTER,
BY AND THROUGH ITS
BUILDING COMMISSINER
By its attorney,
Gregg J. Corbo (BBO# 641459)
Jonathan G. Murray (BBO# 703748)
KP Law, P.C.
Town Counsel
101 Arch Street, 12th Floor
Boston, MA 02110
(617) 556-0007
gcorbo@k-plaw.com
jmurray@k-plaw.com
Date: August 9, 2021
774482/BREW/0001
2
COMMONWEALTH OF MASSACHUSETTS
BARNSTABLE, SS. SOUTHEAST HOUSING COURT
DOCKET NO. 21H83CV__
TOWN OF BREWSTER, by and through its
Building Commissioner,
Plaintiff
v.
ESTATE OF JANET B. PROIA,
Defendant.
PROPOSED
PRELIMINARY INJUNCTION ORDER
In this matter, having come before this Court for a hearing on ________________, 2021,
it is hereby ordered that a Preliminary Injunction issue in favor of the Plaintiff, the Town of
Brewster, by and through its Building Commissioner (the “Town”), with respect to the property
located at 81 Glenwood Road, Brewster, Massachusetts (the “Property”) and in accordance with
the following terms:
(1)The Defendant, including any of its heirs, representatives, agents, and/or assigns, are
hereby ordered to demolish the dilapidated structure on the Property and return the lot to
a level graded stated within seven (7) days from the date of this Order.
(2)If the Defendant, including any of its heirs, representatives, agents, and/or assigns, fails to
demolish the dilapidated structure and return the lot to a level grade in accordance with
Paragraph 1 herein, the Town, through its authorized agents and/or contractors, enter the
property and may demolish any parts or the whole of the dilapidated structures on the
Property, and may remove and dispose of junk, refuse, and debris as it deems necessary
2
to abate the threat to public health and safety. A duly qualified contractor(s) of the
Town’s choosing shall conduct all work.
(3)The Town, through its fire, building, and health departments, may enter the Property for
purposes of inspecting for compliance with this Order and applicable laws with their
jurisdiction, or responding to other imminent dangers to health and safety.
(4)Any and all fees and costs incurred by the Town pursuant to this Order shall be billed to
the Defendant, which shall constitute a lien on the Property if not timely paid in
accordance with G.L. c. 139, §3A.
Southeast Housing Court by:
______________________
Dated: ________________, 2021
772066/BREW/0001