Five Housing Violations Upheld Against 109 Route 28 Owner After Combative Hearing
Key Points
- Health board upholds five code violations at 109 Route 28 after a heated debate with the property owner
- Landlord Raymond Hyland cites "overregulation" as a factor in his move to Florida during the appeal
- Health officials signal potential retail ban on Kratom following reports of severe illness and hospitalizations
- Harwich hospital staff on the board confirm rising cases of Kratom-related hyperemesis syndrome
- Food Excellence Awards postponed until March due to missing documentation
Five separate housing code violations at 109 Route 28 were upheld Tuesday night following a sharp exchange between a Florida-based landlord and the Harwich Board of Health. Landlord Raymond Hyland appeared before the board to appeal citations involving a non-functional thermostat, mold in a Jacuzzi tub, a cracked sink, and a rotted exterior post, arguing that the health department failed to contact him before issuing the order. Health Inspector Carrie Shirona maintained that her office is tasked with enforcing minimum standards for human habitation, not mediating the underlying friction between Hyland and his tenants. My role is simply to perform an inspection upon request and note any citations or violations of the housing code if discovered,
Shirona said, noting that if fixtures like a Jacuzzi are provided, they must be functional under state law.
The hearing turned particularly tense during a debate over a rotted exterior post. Hyland questioned Shirona’s expertise, asking if she was a building inspector and arguing the post was not a structural member. Board member Ron D'Agello, who noted he spent eight years as a framer, intervened to end the technical dispute. Stop. Stop. Let me finish,
D'Agello told Hyland. It doesn't have to be a support beam to be considered part of the structure. Are you denying that there is a piece of wood there that is rotting? Then it's in violation. We don't care about it being a support beam. It's part of the structure. Replace it.
Hyland expressed frustration with the state’s regulatory environment, asking the board, Off the record, do you understand why real estate investors in Massachusetts have had it with overregulation? That's why I'm in Florida. There's none of this.
Despite his objections, the board insisted on a verification of repairs. Motion Made by R. D'Agello to uphold the violations until they are corrected and verified. Motion Passed (5-0). Tenant Katherine Ford attempted to speak regarding the conduct of other residents at the property, but the Chair redirected the conversation to focus strictly on the physical code violations. Hyland eventually agreed to coordinate a re-inspection to demonstrate progress on the repairs.
The board also initiated a preliminary discussion regarding a potential retail ban on Kratom, an unregulated herbal product. Shirona informed the board that neighboring Mashpee recently adopted a ban due to concerns over health risks to youth, including liver damage and hallucinations. Board members Janet Siski and Pamela Howell, both of whom work at the local hospital, confirmed seeing patients suffer from severe symptoms related to the substance. I know we have a lot of vomiting, an awful lot of vomiting... hyperemesis syndrome,
Howell noted. Maya, a nursing student guest, added that she had seen cases of critical illness linked to Kratom use at the hospital, stating, I think someone died... one was critically ill for a long time and I don't think it ever came back to normal.
The board intends to notify local tobacco establishments of a formal public hearing on the matter in March.
In other business, the board briefly reviewed administrative requirements for the Massachusetts Association of Health Boards (MAHB) certification program. Shirona noted that the Public Health Excellence grant would cover the costs for members to attend upcoming training sessions in Plymouth or Marlborough. S. Flegger and J. Siski expressed interest in the March 21st session to stay current on open meeting laws and housing regulations. Earlier in the session, the board moved to approve the records from their previous meeting. Motion Made by R. D'Agello to accept the minutes of January 20, 2026. Motion Passed (5-0). The board also processed several routine town permits without further discussion. Motion Made by J. Siski to accept the permits as listed. Motion Passed (5-0). A planned presentation for Food Excellence Awards was postponed until the March meeting due to missing documentation in the board packets.