They need help

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This Lady and her family need help. An uncontrolled, unregulated and corrupt system has left them in danger and fear. An unsuspecting family has been mistreated by those that were suppose to protect them. The rich and powerful abused the system and this family is forced to pay for open apparent violations of local, state and federal consumer, banking and environmental law.

Read their story. This could be you and your family. It could be your parents or grandparents. They need help and they also need to have this story told. Will you help? Please!

Ken Moulton

E-mail: kenhmoulton@...

Subj: 58 Littles Lane; A Hidden Tragedy on the North River

Date: 6/10/2003 9:36:01 AM Central Daylight Time

From: LITTLES LANE

KENHMOULTON

                                                      OUR AMERICAN DREAM

                                         THE HIDDEN TRAGEDY ON THE NORTH RIVER

The Jack Conway advertisement described the property as a 1778 rambling, rumrunners cottage, located at a secluded riverfront location, at the end of a long winding lane situated on the lush banks of the scenic North River, a beautiful wildlife estuary, perfect for bird watching, fishing, and abutting many acres of Audubon conservation land. (advertisement attached). After making the initial call; I was instructed by Don Coombs of Jack Conway Realtors to go look at the property located at 58 Littles Lane in Marshfield, Massachusetts.

It was early January 1996; I drove down the old dirt road and came upon the snow covered circular driveway at the end of the road. The driveway was lined with beautiful, pine trees; I thought what a great place for my two little boys to have a

tree-house. All that existed was the old white house with the blue trim, two old sheds, and a garage nestled in the woods along the river. I drove down the driveway to the house. The peacefulness of the river; the calm of the adjacent Audubon woods; all at the end of a dead end road was too good to be true; what a great place for my family to live.

After my first look at the property; I was told by both Don Coombs and Barry that the sale price of $188,000 included everything I had seen; the garage, the two sheds and a certified Title 5 Septic System on the river.

The driveway was never a question; why would it have been? Any reasonable person would have expected that the home included the circular driveway to get in and out of the property; the last house at the end of a dead end lane. The driveway had existed since 1940.

I signed a pending offer that day with Barry. Within a few days, another agent came into the picture, Loretta Harrington.  My husband was still working in California and I had a power of attorney. As it came closer to signing the actual purchase and sale; Loretta Harrington began disclosing to me only bits and pieces of what would turn out to be a seven year hornet's nest of deception, greed, and corruption using my family as the scapegoats for a failed multimillion dollar subdivision in the wetlands on the only "scenic protected river in the state of Massachusetts". 

First, I was told that the garage no longer belonged to the property; making it appear that it had something to do with the town and the condition it was in; but Loretta Harrington never disclosed more than that to me.  This was disappointing, but she had a way of convincing me that another one could be reconstructed some where else on the property.

Next, she told me that the seller, Aldro French, was keeping the parcel of land adjoining the house; this parcel contained half of the circular driveway to the property. However, she convinced me that the land surrounding the home

could never be built upon because it was all conservation land and she convinced me that Mr. French only wanted to keep the narrow strip of land because he had sentimental ties to the property as his child hood home and because he lived in Maine; he would only come down on occasion.

I was disappointed; but weighed out the location of the home at a dead end, surrounded by woods and the river; and the fact that the property was clearly advertised as a "wildlife estuary" surrounded by conservation land; and decided it was still a great place for my family to live. I met with Loretta Harrington and Barry at the property a few times before the signing of the purchase and sale. Each time we accessed the home via the circular driveway and each time Loretta Harrington only revealed enough convincing information about the property that led me to believe that the house was meant for my family; i.e. "it was the perfect house; my family could cross country ski because of the dead end; nature walks in the woods; the kids could fish off the old stone wharf".

*seven years later I can now conclude that I was seen as the patsy from California and an easy target for the individuals involved to get away with a very, suspect real-estate transaction by selling the property to me**

How would I find out about the frauded Title 5 Certificate and the other suspect activities; I was from California.

Having good faith in Loretta Harrington, a licensed real-estate agent in Massachusetts, I signed the purchase and sale on January 29, 1996, "my 25th anniversary". My husband was in California and believed he had given me a great anniversary gift, "Our American Dream", a 1776 historic home on the North River.

*I would later discover that the home dated back no later than 1935* and was a summer hunting camp*.

Loretta Harrington gave me a Certified Title 5 Certificate with the purchase and sale convincing me that a new septic system had been recently installed at the side of the home and had recently been inspected and was on file with the local Board of Health. I had never met Mr. French at this time and all his transactions were done through Loretta Harrington.

About a week later; I went to the Board of Health to obtain the complete Septic System documentation; I wasn't familiar with Title 5 and wanted to know what it was about and wanted to forward the documents to my husband.

According to the Title 5 Certificate given to me by Loretta Harrington; the septic system had been recently inspected in December 1995 and was less than 5 years old. I expected to pick up the records from the Marshfield Board of Health and leave. However, when I asked for the documents; Mr. Fallabella, the director of the Marshfield Board of Health began scratching his head looking confused and stated that Mr. French had pulled a permit for a new septic system a year prior but never installed the system.  However, the Title 5 Certificate given to me by Loretta Harrington had been stamped as received and accepted by Mr. Fallabella in December 1995 and was on file with his office.

Mr. Fallabella then red-flagged my Title 5 Certificate and told me I needed to speak with the Realtor.

I had no idea what he was talking about. I called Loretta Harrington and told her what had happened.

She convinced me she would speak with Mr. French and take care of the problem.

**Seven years later I would discover that that the fraudulent Title 5 Inspection had been done in August 1995 during dry season and made to appear as though it was done in December 1995 during the rainy season and had past inspection with full compliance**  A copy of the inspection had been faxed to Loretta Harrington in August 1995; but was dated December 1995 with a smiley face drawn on the document by Aldro French**.  This testimony was taken under oath on October 2002.

I would also discover that Mr. French had been advised by the town that he needed Planning Board approval to make any changes to his access driveway or to Littles Lane and that Loretta Harrington had been involved with Mr. French as far back as 1993. (documents will show Loretta Harrington had a purchase and sale for property owned by Mr. French since 1993). It is obvious that Mr. French didn't want to obtain Planning Board approval as it would have been too costly and required

Conservation Approval and other requisite permits. Giving an erroneous Title 5 certificate passing a failing cesspool to a person from California was easier

and less expensive and would have allowed Mr. French to sell off the adjacent lot as a buildable lot which was to be handled by Loretta Harrington.

**Seven years later I would discover that Mr. French had no right to subdivide any part of his property because he lacked frontage on a street and did not have the buildings he claimed to have located on his property. (recent tax assessors' records will prove this). Despite the absence of a street, frontage, and no tax records of the existing buildings; the town allowed Mr. French to subdivide the property using affidavits from neighbors.

After signing the purchase and sale on January 29, 1996. We didn't close on the property until May 30, 1996.

The Realtor and the seller had led me to believe that Mr. French couldn't find any one to repair the septic system.

However, I later discovered that Mr. Fallabella had signed off the permit originally issued to French in 1995 in March of 1996 and that Mr. French had contracted Leo Stickney of Cobra Construction as early as March 1996.

As of May 1996, I was led to believe Mr. French still hadn't found a contractor.

*Mr. Stickney had also been contracted to install the septic system on the adjacent lot a year prior; the same lot Loretta Harrington told me was unbuildable and Mr. French wanted to hold onto because of sentimental value only.

During the time period between January 29, 1996-May 30, 1996, I had asked Mr. Fallabella for his help as my Board of Health agent, however Mr. Falabella refused to acknowledge my concerns and failed to disclose to me that he had signed the permit in March of 1996. Mr. Fallabella also failed to disclose to me that he had knowledge of Mr. French's subdivision plans and that several plans were on file with the town by Mr. French and other individuals involved to develop the area advertised by Jack Conway as "a secluded wildlife estuary".

In fact, I only recently discovered that Mr. French had been before Mr. Warren Harrington, the Conservation Administrator and the Conservation Commission just prior to his selling the property to us. To date, I do not know what relationship Mr. Harrington is to Loretta Harrington. In fact, an Order of Conditions had been required to install the septic system and someone recorded that very Order of Conditions to install a new septic system at 58 Littles Lane the day before I signed the purchase and sale.

However, I was given a Title 5 Certificate for a septic system that didn't exist and was really a failing cesspool.

During the 4 months it took to close; while I was led to believe that Mr. French didn't have a contractor to repair the

septic system located at the side of the house; Mr. French and other individuals had been actively pursuing

the town of Marshfield, specifically the Planning Board, to obtain building permits and road construction.

I can only conclude at this time that advertising my home as a secluded wild life estuary located at a dead end when the realtor, the seller, and the town had knowledge of what was really going on has to be considered Fraud and Conspiracy

and at the very least, negligence by the town.

During the 4 months it took to close, Mr. French and Loretta Harrington became hostile and threatened to keep my deposit forcing me to hire an attorney to straighten out the septic problem.

I was forced to hire an out of the area attorney who claimed he was savvy in real-estate and Title 5 Issues;

He advised me that he had the expertise to handle the situation.

He sent out letters to Mr. French and Mr. Roby reminding them of the fraud committed by falsifying a state document.  Mr. Roby was the person who inspected the nonexistent septic system.

Mr. French finally agreed that it was his responsibility to repair the septic system that he had advertised when he put his home on the market. 

However, in a most unusual procedure, I was ordered to remain off the property or any where near the property prior to the closing pursuant to the Septic Installer, Mr. Stickney's orders. Trusting our attorney's advice; we complied with their wishes.

I would later discover that during the time I was ordered to remain off the property my home had been sabotaged; the driveway was obliterated and replaced with an enormous leaching field above the home; the beautiful pine trees

were destroyed; stairs and lights destroyed; plumbing and electrical pulled out and destroyed.

At the final closing held on May 30, 1996, my own attorney and the seller's attorney forced me to sign a general release using my husband's power of attorney. I was told if I didn't sign that release I would lose the deposit, the house,

and face litigation.  They justified their actions by stating that it was standard procedure and that they had taken out extra title insurance. Under extreme fear, intimidation and coercion, I signed the release.

I would later discover that I released all individuals involved to include the realtor. Upon arriving at the home after the closing, I discovered that my home had been vandalized and sabotaged by the seller, the septic contractor,

and the town had knowledge of the situation.

Half of the driveway had been removed and replaced with the leaching field. The attorney refused to acknowledge what had happened; the town signed off the illegally installed septic system as "basically conforming" without

ever disclosing the Order of Conditions or that the Conservation Commission failed to comply with the undisclosed order of conditions in compliance with the local wetland bylaw or the states wetland protection act.

We were left without access; without water or plumbing, an illegally installed septic system, flooding to our home, no emergency access, and lawsuits by the individuals who had their permits revoked by the town.

The town refused to respond to my concerns. Within one month after the closing the town held a special meeting,

undisclosed to me, relative to Littles Lane. The undisclosed building permits to the individuals were revoked.

However, the town failed to revoke the illegally created subdivision that had been approved based on false affidavits

using my home in order to subdivide in circumvention of the subdivision control laws, leaving my family holding the bag for a failed real-estate scam in the wetlands on the only scenic protected river in the State of Massachusetts.

Mr. Fallabella signed off the letter of compliance to Mr. Stickney knowing that the driveway had been removed, knowing that there was no water to the home; knowing that the Order of Conditions had never been disclosed but was on file with the town under Frence rather than French, knowing of Mr. French's plans to develop in circumvention of the laws.

Mr. Fallabella should have condemned the home as a safety and health hazard, but rather he threatened not to release the plumbing permit to me so I could hire a plumber to hook up the water unless I paid him what French owed to

Mr. Stickney and Mr. Dwight of Dwight Plumbing.

The town of Marshfield signed off a septic system that had cracked tanks, ground water leaking into the electrical box in the basement and in noncompliance with the wetland protection act. The Board of Health failed to disclose the Order of Conditions for the septic system.

My family has endured seven years of  threats, intimidation and coercion by the Town of Marshfield and the individuals involved.  We have been sued and threatened that we will be taken down to nothing until we abandon our home.

Injunctions and fabricated contempt complaints have been issued against us based on falsified affidavits.

Family and friends do not visit our home in fear of being falsely accused of some fabricated claim.

My husband was called a terrorist by Warren Harrington at a public Conservation hearing held in October 2001, after 9-11; shortly after he was served with a criminal complaint.

Since my requests for records pursuant to the Freedom of Information Act relative to the suspect subdivision of 58 Littles Lane, Mr. Harrington, the Conservation Administrator, Mr. Stanton, (director of the North and South River Watershed, Conservation Commission and North River Commission) and Mr. Clapp, (Conservation Commission) have all resigned in less than a year.   Mr. Clapp is still director of the adjacent Audubon.

All three of these individuals have been involved with the 58 Littles Lane subdivision.

Specifically, Mr. Stanton who was involved with Mr. French obtaining a loan to subdivide the 58 acres and Mr. Harrington who signed off on the wetland delineation's on the erroneous plans.

Recently, the Marshfield Conservation Commission with the help of town counsel, Mr. Marzelli threatened me with a court order to come onto my property to look for violations. The information they are using to get the court order was obtained from an illegal aerial surveillance and 60 foot bucket truck mission of my home hired by the developers involved and submitted to Conservation. Mr. Gavin, an unlicensed private investigator stated on his own admission under oath conducted the mission of my home by hiring a private plane to fly over and take photographs and then rode in a 60 foot bucket truck to take additional photographs. He was assisted by a Marshfield cop.  While at the same time, the Conservation Commission has allowed a road to be constructed illegally in the wetlands, claiming it as existing and part of the illegal subdivision from 1989; allowed the destruction of a boat on the salt marsh; allowed the continuous systematic clearing of wetlands all around my home; and the construction of two trophy homes in the wetlands previously denied in 1991. The illegally constructed road leads to the two trophy homes that were previously

denied approval in 1991 due to the detrimental impact to the environment and the wetlands. Our home is unsellable as we trespass to get to our home; it is not located on a street; has no frontage and is landlocked by the unbuildable land illegally subdivided from the original property using affidavits alleging the existence of buildings with no tax records.

Living in Marshfield is no different than being back in the 1950s before the civil rights movement and the civil rights laws were passed.

In conclusion, it appears that the town officials have applied a different set of laws for my family.

Zotos

58 Littles Lane

Marshfield, MA 02050

E-mail: LITTLES LANE@...