HomeMy WebLinkAbout0004 EAST OSTERVILLE ROAD4 ^aJr Os-l-&y~vl 11 ""R
Os-fer-Nfi I'e
Ferrone Associates
Realtors •Builders
February 12,1978
Mr,Joseph D.DaLuz
Building Inspector
Town of Bams table
Town Office Building
Hyannis,Massachusetts 02601
Dear Mr.DaLuz:
This is a response to your letter dated December 21,
1978,In that letter you refer to our"Model Home"
constructed under permit #20511#dated August 21,
1978.The problem revolves around the question of
our use of this home.Originally,the home was built
to be used as a Model-Sales Center for the abutting
"Wayside"subdivision.However,during construction
of our Model,Aid en Homes decided not to use a sales
agent,but rather to sell their homes themselves.
Because of this turn of events,we,Perrone Associates,
are in the process of completing the subject property
as a three bedroom two bath home.The home is presently
For Sale and will be entered into Multiple Listing if
not sold within the next month.Meanwhile,we are
holding OPEN HOBBE on a daily basis,in an effort to
sell as quickly as possible.
Sorry for the misunderstanding.This home is not our
office,nor was it constructed with that intent.If
you have further questions,or if we can be of further
assistance,please contact us.
Very truly yours,
FEBROKE ASSOCy,INC,
Michael C,^yPerrone,'P^es.
Post Office Box 373 •Centervllle,Massacfiusetts 02632 •(617)428-9929
:PIO 15320
RECEIPT r-OR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED-
NOTFOR INTERNATIONALMAIL
(See Reverse)
SENT TO
Mr.Michael Ferrone
STREET AND NO.
P.O.,srSrE'ANCTZlP CODE
Centerville,MA 0263,
POSTAGE
CERTIFIED FEE
SPECIAL DELIVERY
RESTRICTED DELIVERY
SHOW TOWHOM AND
DATE DELIVERED
SHOWTOWHOM, DATE
ANDADDRESS OF
DELIVERY
SHOWTOWHOM ANDDATE
DELIVERED WITH RESTRICTED
DELIVERY
SHOWTOWHOM,DATE AND
ADDRESSOF DELIVERY WITH
RESTRICTED DELIVERY
TOTAL POSTAGE-ANOe^ES
POSTM
STICK POSTAGE STAMPSTO ARTICLE TO COVER FIRSTCLASS POSTAGE,
CERTIFIEO MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES,(see front)
1.If youwantthisreceiptpostmarked,stickthegummedstub ontheleft portion oftheaddress sideof
the article,leaving tfie receipt attacfted,andpresentthe article ata post office service window or
handitto your rural carrier,(no extracharge)
2.I^ou do not want this receipt postmarked,stick thegummed stub on the left portion of theaddress
side ofthearticle,date, detachand retainthe receipt,and mail thearticle.
3.If youwanta returnreceipt,write the certified-maii numberandyournameandaddress ona return
receipt card,Form 3811,andattachittothe front ofthe article bymeansofthe gummed ends ifspace
•permits.Otherwise, affixto back ofarticle. Endorsefrontofarticle RETURN RECEIPT REQUESTED
adjacent to the number.
d.If youwant delivery restrictedtotheaddressee, ortoan authorized agentoftheaddressee,
endorse RESTRICTED DELIVERY on the front of the article.
5.Enter fees for the services requested inthe appropriate spacesonthe front ofthis receipt,if return
^receipt is requested,check the applicable blocks in Item 1of Form 3811.
6. Savethis receipt and present itifyoumake inquiry.
-jlrU.S GOVERNIWENT PRINTING OFFICE 1978:269-897
UNITEDSTATESPOSTALSERVICEOFFICIALBUSINESSSENDERINSTRUCTION^^nPrintyourname,address,andZIPCODEInthespacrfS^wi^•Completeitems1, 2, and3 onthereverse..LDw•Moistengummedendsandattachtofrontofartii3eifl9)|#permits.Otherwiseatfixto back ofarticle.\••Endorsearticle"ReturnReceiptRequested"'aifiacent"to~number.)/PENALTY!USETOAVOIDPAYMENT_OFPOSTAI^^QIi.;^—RETURNTO1Mr.JosephDaLuz,BuiltjingInspector(NameofSender)TOWNOFBARNSTABLE397MainStreet(StreetorP.O.Box)Hyannis,MA02601(City,State,andZIPCode)
•SENDER;Complete items 1.2.and 3.
Add your address in the "RETURN TO"space on
reverse.
1.The following service is requested (check one).
•Show to whom and date delivered _
•Show to whom,date,and address of delivery.._
•RESTRICTED DELIVERY
Show to whom and date delivered _
•RESTRICTED DELIVERY
Show to whom,date,and address of delivery.$_
(CONSULT POSTMASTER FOR FEES)
2.ARTICLE ADDRESSED TO;
Mr.Michael Ferrone
Ferrone Associates
Box 373,Centerville,MA;\
3.ARTICLE DESCRIPTION:
REGISTERED NO.CERTIFIED NO.
1532007
INSURED NO.
(Always obtain signature of addressee or agent)
I have received the article described above.
SIGNATURE •Addijfessee •Authorized agent
DATE OF DELIVERY POSTMARK
5.ADDRESSfComp/ete only if requested)
6.UNABLE TO DELIVER BECAUSE CLERK'S
☆GPO;1977-0-249-595
February 2,1979
Mr.Michael Ferrone
Ferrone Associates
Box 373
Centerville,MA 02632
Dear Mr.Ferrone:
I have not had a reply from you re my letter dated
December 21,1978.Your failure to contact me v/ithin ten (10)
days from receipt of this letter will compel me to seek a complaint
in the First District Court at Barnstable.
JDD/gr
Peace,
Joseph D.DaLuz
Building Inspector
>Mr.MichaelFerroneFerroneAssociatesBox373Centerville,MA02632DearMr.Ferrone:December21,1978Thequestion of your operation of arealestateofficewasdiscussedinmyofficerecently.Copiesofyouradvestisementsweredisplayedas ofDecember10and17intheSundayCapeCodTimes.4permitwasissuedonAugust21,1978,#20511»for a 1 1/2 story, singlefamilydwellingonthisverylot,#1A,Inmagi§[developments,aunitisusedas amodelfor thesaleof theunitsbuilt,but fornoother purpose.Alongwiththattwo(2)signs arepermittednotexceeding12squarefeet foradvertisingthesaleof theproperty.Inviewofwhatisobvious,theredefinitelyisazoningviolationinrespectto youractivities.Therefore, Imuststatethatsuch anoperationceaseiiTimediatelyandthatthe premises becompletedas perthebuildingpermit.Failuretocomplywillcause a complaint to befiledattheFirstDistrictCourt.I would hopethatsuchactionmaybeavoidedand I wouldfurtherrequestanimmediateresponse.Peace,JDD/grJosephD.DaLuzBuildingInspector
Sj'-i Pg.1 of 6
February 7,1979
Maryanne Strayes -Chairman
Barnstable Board of Appeals
397 Main Street
Hyannis,Ma.02601
Dear Mrs.Strayes:
On behalf of myself and the undersigned residents of
Osterville Heights Development of Osterville,in the
tovm of Barnstable,I wish to make a formal complaint
to your office in regard to a business established
recently on the corner of Rt.28 and East Osterville
Road.
The area in which this business (Real Estate and Builder)
has been operating since being established,approximately
October of'1978,is zoned for residential building only
according to Article III Chapter III of the zoning laws
of the town of Barnstable.
I personally inquired into this matter on December 6,
1978 and was informed that the operation of any business
in the area was illegal.I obtained this information
from the office of the Building Inspector,Mr.DaLuz.
On December 20,1978 I returned to Mr.DaLuz's office
and at that time I had a conversation with Mr.DaLuz.
He assured me that he would inquire into this matter.
At that time I was accompanied by Mr.Leo Perlstein of
East Osterville Road.
On January 8,1979 I returned to Mr.DaLuz's office
accompanied by Mr.Pagnotta of Nathan Way.At this time
Mr.DaLuz informed Mr.Pagnotta and myself that he had
initiated action by letter (a copy of which he showed to
us)to have this illegial condition rectified and that he
was waiting for a reply from the Ferrone Associates who
are operating this business.
On February 2,1979 in the company of Mr.James O'Brien
of Rebecca Lane I returned to Mr.DaLuz's office in
reference to this matter.At that meeting we were informed
that Mr.^errone had not as yet made a reply to the
correspondence from the office of the Building Inspector.
Pg.2 of 6
Therefore,v/e as concerned residents of this community,
do hereby respectfully request that the Board of Appeals
take any and all necessary steps to correct this open
and flagrant violation of Article III Chapter III of the
zoning by-laws,dated 11/5/77-Sec.I,Par.3f Sub.Par.a.
Also Sec.R,Par.2,Sub.Par.(a)and Sec.U,Par.3f
Sub.Par.(a).
Ferrone Associates are in clear violation of the above
zoning by-laws.
I respectfully request acknowledgement of this letter.
The concerned citizens of the community involved also
request that they be kept informed of any or all action's
taken by the Board of Appeals or any other concerned
parties.
Sincerely,
Carroll J.Regan
6 Nathan Way
Ostervilie,Ma.02655
cc:Paul Brov/n -Selectman
Barnstable Board of Selectmen
Joseph DaLuz -Building Inspector
0
I
PETITION
Pg.3 of 6
FEBRUARY 1,1979
WE, THE UNDERSIGNED,RESIDENTS OP OSTERVILIE,MA.,DO HEREBY REQUEST •
THAT THE TOWN OF BARNSTABEE,MA.TAKE ALL NECESSARY PROCEDURES TO
ENFORCE ZONING LAW,ARTICLE III CHAPTER III OF BARNSTABLE,MA,,IN '
REGARD TO THE ILLEGIAL OPERATION OF A REAL ESTATE AND BUILDING
OFFICE ON THE CORNER OF RT.28 AND EAST OSTERVILLE RD.IN SAID
TOWN OF (OSTERVILLE),BARNSTABLE.
NAME
£
ADDRESS
6 oJ^67(e^f '
/i^/&<JOI^T^
'P6;vS'/sr7^(^ofsf^e'p iVa}^o m rsr
'•/-/•'t •••':•:•
o£00.
CCOV-Oj'/zgjyilf&
jr[)PP.^XPZPaJ^-XR,^X•<iZ^eJ^
-L
k)jkpj,
C2£.l£eylCv<-e-^^7
^cLSy^<X3>
ItlMM (lUJ^yiXJ^M^
ffy /\cc^^ji-^i/^^
PETITION (CON*T)
/,
NAME
—
^^tLUt^ir W ;
ij C•
^«>KcU<L-4«
Cui'§^
Pg.if:of 6
ADDRESS
C..eL ^'
9 ^cANtJt<XA^Ui^
Q^-^jU^c!(LO^
//
///^sf^nA*//c^^^^fc^f .cxjf;
jfJ,
<;Ai4 t CitAAx/iil'-'A^'L ^
^5 Aa€Z^£JI^d^&s.!Jl(^
,^r &..i^J&j^4 ''^-'^^'~
^($/Stt^^^,rULu>0L CThtcurci^_
///T =^y -,-y ,^£•^^^J"^>/i^ppAA^o A/f f^ia^
\j •'^N^simSdM^d ^yfi^^dAln^p .
/J 0 Je//(G.odY^d^hcjfpr^l^in H
/So^y^'f^ty C^ay '^'ux^CXCtS-i"
C)C|6e3oe^^i.o«>4.
^4 ^^Z-yt/Zi f^asi-
\^•t^O OX-Jal—iCiy^ji^,Ol>VwQJ2x^
•'/
PETITION(CON*T.)NAMEfac^'^<?.fd<!LVh^/>Pl^A.Ipt^iAyC-.zC/}KyYYjJ^• I/iptyy^/'/y':,t'i2tijLccc</<«,s^<g51ADDRESSPg*5of6p^tiJ-Jjp.CJ-J',•6-^.MztIcjjij!LL.-JL^ixn^f-<-JjiJ^J/JIf'•/t"L^a>i"fi^L.e.je-a/,ij,/Y/,/IjC'J(0^/'^6~Z&A^f}^t-thJ"/^e.c^^;3.6a"6sS'^r//o<5%^'/rV()J<&•sarW^7✓.A<^JIA/^LA
PETITION (GON'T.)
NAME
•',.•. •
;V:--
•V.-.
•>•'
v'V'•:
Pg.6 of 6
ADDRESS
/5"czjti Cauv<lJjz.^^yAxz^
•2/A^c<u-r^Ci'ui^i,O^a-^C-rl^^
/
4/7
^7 C^jt.A^c.c,a-,Or^^LtXAjuxjUlx^
ii^Aixx^-Hr^
'•;•5-•..
.:''
:•!V,•.,
.'.'1 •..•
•,'1
I •:
A ••;
••J./,v.:
.•v:il-^^4^'
4 .'U.4-^:r
4 ••:•
•:•.W'.^VJW
•-•.;-y-.;7v.i'.
:/•-Ml'
\i.;v ^^T.y^/.
;V
.,7,r;:J'A:A''V
• ••'1/^4'j
:';..^•v.-f --..;.<-,-1;.
>••••/'•••.:•'•
••,vi
-•:•.-•4:4-^y=^
\••,•M^iV.
>"•••.
•<
•v>''"-
•;*•«
•
February 27,1979
Ferronei Associates
Box 373 ,
Centerville,MA 02632
\•
^pear Mr.Ferrone:
The inspection made by Mr.Audino and myself on Tuesday,February 27th,
revealed that the rooms were framed and ready for drywall.As you stated,
you would be completed in 1 1/2 weeks.Therefore,I expect that by
March 13th you will have completed the dvrelling constructed under building
permit #20511 and that all equipment vjill be removed to permit sale of
the dwelling as a private residence.
I must assure you that no extension will be permitted beyond said date
and I trust your cooperation v;ill bring this matter to a close.
JDD/gr
Peace,
Joseph D.DaLuz
Building Inspector
Pebr-.>;i:ry 23 •v
.;A B.'trayer
i A t.-Die Board of Aroeals
••i •n Street
>A.'anrA r ,."^a.02601
Dear Ms.Strayer:
Thank you for your letter of February 20,197^in reply to
my letter and the petition o.-bruary 7,1979.I hereby
wish to make a rebut to Mr.a "rone*r statement v/hich v/as
enclosed in your letter and the following is offered.
(1)Newrraper ...It •.^"id T*•'ies (re'o:>^9serT.ati''e
samole enclost /r.oe Acedly since early Dec.1978.
I also have every newspaper since 10 Dec.,1978 to
present date containing Ferrone Associates
advertisements none of which includes building
in question.As of this date he has at no instance
offered said property per se for sale.
(2)He has not made this property available for sale
by display of "Open House"posted sign.
(3)The listed telephone number(il'28-9929)on his letter
head addressed to Mr.DaLuz Building Inspector,
dated 12,Feb.,1978 and in the newspaper ads makes
it very clear Ferr^one Associates are engaging in
the Real Estate business at this location.
(A)This same "phone number is displayed on signs
on Rte.28 and on^Barnstable Rd.aavertising
property for sale other than the real estate
on E.Osterv^ille Rd.and Rte 28.Photo ofcommercialSjignonRte28isenclosed.
House inoomplete'd as iper Building InsT^ectors
requirements and as stated in letter from Mr.DaLuz
to Mr.Ferrone dated 12,Dec.,1978.
(B)It is obvious no attempt has been made to put
the house intol saleable condition as a home.
(5)The price quoted to Mr.Leo Perlstein and myself on
the occasion of our trying to contact Mr.Ferrone
previous to our call on Mr. DaLuz on 6,Dec.,1978
was unrealistic knd not calculated to stimulate the
sale of the prop|erty.
Pg,2 of2
(6)The vehicles,including commercial ones,parked in
the parking area and also on E.Osterville Rd.
These vehicles appear to belong either to employees
or sub-contractors who pursue their business concerns
at this location.They are vehicles that one would
expect to find at a business office.They also obstruct
entrance and egress from E.Osterville Rd.to Rte 28
creating a serious traffic hazard.
The following facts are also to be noted:
(1)Ferrone Associates have been advertising in the CapeCodTimesandoccasionallytheBostonGlobe,houses
and land'acreage in West Barnstable,Cotuit,Centerville,
listing the office of Ferrone Associates at the previous
stated phone number.
(2)As previously stated his letterhead indicates his place
of business as being at this location.There is no
other office of any kind listed anywhere nor any
alternate way for a prospective buyer to do business
•1;•r.with this company.
Simply stated,Ferrone Associates are conducting
business at this location,innflagrant violation of
zoning By-laws of the Town of Barnstable.
For the above stated reasons the petitioners,a list of whom
was previously recorded with the Town of Barnstable and your
office do hereby insist that the zoning laws of the Town of
Barnstable be enforced to the extent that they apply to this
outright violation of said By-laws.
We hope,after the afore mentioned statements,it will not be
necessary to institute any further action in order to have
the pertinent By-laws of the Town of Barnstable enforced
promptly in this matter.
An early reply is respectfully requested and certainly will
be appreciated.J
''Sincerely,
Carroll J.Regan
6 Nathan Way
Osterville,Ma.02655
cc:Mr.Joseph DaLuz
Mr.Paul Brown-Selectman i
Board of Selectmen,Town of Barnstable
ENCLOSURE:(2)
OF BARNSTABLE
Board of Appeals
•79 MAY 22 PH3 12
b
Carroll
Appeal No..F?.Z?.....?2.
Property Owner
Petitioner
Deed duly recorded in the
County Registry of Deeds in Book
Page ,.Registry
District of the Land Court Certificate No.
,Book Page
16 19 79
FACTS and DECISION
Petitioner Carrol^.J.....filed petition on 19^9 ^
requesting^a for premises at C.or.......FalinouthL_&„_.E.^„Og..t;.A„.J^q[j|K^fX in the village
nf Osterville,.,adjoining premises of .-...(.§..§.S-..S.t?..§..C.b..§.4.-.l.i.§.t},
for the purpose of
Locus is presently zoned
Notice of this hearing was given by mail,postage prepaid,to all persons deemed affected and
Cape Cod News &
by publishing in Barnstable Patriot newspaper published in Town of Barnstable a copy of
which is attached to the record of these proceedings filed with Town Clerk.
A public hearing by the Board of Appeals of the Town of Barnstable was held at the Town
Office Building,Hyannis,Mass.,at „.3r..9„Q P.M.^P.Li.F.....?..5 1^9 ,
upon said petition under zoning by-laws.
Present at the hearing were the following members:
Ann Bv_Strayer
Chairman
Richard JBoy Luke Lally
At the conclusion of the hearing,the Board took said petition under advisement.A view of the
locus was had by the Board.
Appeal No....1979-22 Page of
On Mav 16 19 ..7.9., The Board of Appeals found
Mr.Carroll Regan represented himself at the hearing and explained that he was
asking for enforcement action by the Building Inspector to stop an illegal use
at the corner of Falmouth Rd.and East Osterville Rd.,Osterville which is the
use of a structure in a residential zone for the purposes of a real estate and
construction office by Mr.Michael Ferrone,who is the owner of this property.
Mr. Regan said that his complaint has existed since December of 1978.Mr.Ferrone
has a telephone installed at the house and this telephone number is used in news
paper advertising as the number to call regarding real estate property which Mr.
Ferrone is selling in other areas.Mr.Ferrone received a letter from the Building
Inspector saying that the use was illegal and yet it has continued.Mr.Regan
said the owner of this property is in violation of sections I.(3),R.2.(a),and
Section U of the sign code.On December 20,1978,Mr. Regan complained about the
use to the Building Inspector and was told that the matter was being looked into.
On December 21,1978,a letter was sent to Mr.Ferrone telling him that the use
was illegal.A petition,signed by residents in the area,was sent to the
Selectmen,Mr.Brown,the Building Inspector and the Board of Appeals asking for
enforcement action on this matter.On February 20,1979,Mr.Regan received a
letter from Mrs.Strayer,chairman of the Zoning Board of Appeals and included
with this letter was a copy of Mr.Ferrone's reply to the letter sent by the
Building Inspector.Mr.Ferrone stated in this letter that there was no business
use at the property and that the house in question was for sale.Mr.Regan noted
that Mr.Ferrone's business telephone was listed on the letterhead and is the same
number (428-9929)that appeared in newspaper advertising for real estate sales and
is the phone installed at the property in question.Mr.Regan said that there are
commercial vehicles at this site and sometimes several cars parked on route 28.
Mr.Ferrone has a large sign at this property which is a hazard to the safety of the
residents as they have to creep out onto route 28 (Falmouth Rd.) which is a heavily-
travelled road,and the sign obstructs their vision.While Mr.Regan was filling
out the form for the Appeals Board hearing,Mr.DaLuz showed him a copy of a court
complaint which had been filed against Mr.Ferrone for a hearing on April 17, 1979.
On April 13th,Mr.Regan went to the Building Inspector's office and asked the Ass't.
Building Inspector,Carl Audino and the secretary,Mrs. Robbins, about the court case
to be heard on the following tuesday.They disclaimed any knowledge of the matter.
Mr.Regan appeared at the courthouse on Tuesday morning,April 17th,and Mr.Ferrone
j __Cierk of the Town of Barnstable,Barnstable
County,Massachusetts,hereby certify that twenty-one (21)days have elapsed since the Board of
Appeals rendered its decision in the above entitled petition and that no appeal of said decision has
been filed in the office of the Town Clerk.
Signed and Sealed this
penalties of perjury.
Distribution:—
Property Owner
Town Clerk
Applicant
Persons interested
Building Inspector
Public Information
Board of Appeals
dav of 19
Board of Appeals
Town of Barnstable
Chairman
under the pains and
BOARD OF APPEALS
Appeal No.1979-22 Page 3 of A
was present with his attorney.The case was dismissed since no one appeared to
represent the Town on the complaint filed.The complaint against Mr.Ferrone was
taken out in Carl Audino*s name.Mr.Regan asked the Board for immediate enforce
ment action so that this matter might be cleared up once and for all.
Mr.Joseph DaLuz spoke and said that he could not agree that enforcement action had
not been taken on the complaint by Mr.Regan and there was no failure to act on his
part.Originally,this house was to be used as a model home for the abutting
Wayside Subdivision.The owners of this subdivision decided to sell the homes them
selves.Mr.DaLuz said he had approached Mr.Ferrone about the sign and zoning
violation in a conciliatory manner and feels this is the best "first approach"
since court action is expensive and time-consuming.The building department is under
staffed and Mr.DaLuz said he was recently denied extra help.Through an oversight,
he did not appear as a witness at the court hearing on this matter and the actual
prosecution in such matters is handled by the Police Dept.and not the Building
Inspector.At the time this matter came up,there was a change in town counsels
which further confused things.
The town's new counsel,Atty.Bruce Gilmore,spoke of the procedure which would be
followed hereafter.Mr.Gilmore said that a zoning violation is a criminal matter
and is handled by the police prosecutor.All is not lost with respect to Mr.Ferrone
because if he is continuing to violate the zoning by-law,it is a continuing violation
and each day that it continues,it is a separate offense.There is nothing to pre
clude Mr.DaLuz going to the courthouse and taking out another complaint.Mr.Gilmore
said that the Building Inspector has the responsibility of taking out the complaint
and the police department has the responsibility of notifying witnesses.Atty.
Mazzoni spoke and said he represents Ferrone Assoc.and the telephone which is a
business phone is connected to an answering service and 95%of the time,the answering
service takes the calls.Mr.Mazzoni said that sales do not take place from the house
in question,there are no employees,and Mr.Ferrone's office is on Main St.,Dennis.
The only sign now at this property is a for-sale sign and this refers only to the
house at Falmouth and E.Osterville Rds.which Mr.Ferrone has been trying to sell.
Newspaper ads do not list this address and Mr.Mazzoni said that there is no proof
that the house has been used as a business.The bathroom is not complete,walls are
being put up,and this is the reason for workmen at the location.There is also a
financial problem which has held up the inside work on this house.Mr.Mazzoni said
that if the complaint concerns the telephone,it can be taken out and a residential
phone put in.Mr.Ferrone has a right to have an open house but not a right to use
this as a business.
Mr.Cliff Dow said he had called this number (428-9929),a salesman answered and
invited him to come to the office at Falmouth and E.Osterville Rds.Leo Perlstein
and David Deretany said that construction equipment was"at this location and no work
was being done on the house.This equipment obstructs access into E.Osterville Rd.
BOARD OF APPEALS
Appeal No.1979-22 Page 4 of 4
and therefore,presents a hazard.Ted Shamby spoke of the shrubbery which has been
left at this house and which has not been planted there and this is a drop off point
for Mr.Ferrone's business.Norma Keene said that public safety is involved due to
the sign which obstructs a driver's view of route 28. Mr.Ferrone spoke and said
that he would move the sign immediately upon his return to the property that after
noon (4/25/79).Mr.Ferrone said the phone rings first at the house and then if
not answered is answered by his answering service.The house is now complete except
for the bathroom.Mr.Ferrone said that he is at various locations and people are
always trying to find him which explains why trucks are at this location at various
times.Mr.William Swift asked why,if Mr.Ferrone's office is in Dennis,the phone
is not listed to that address.The Board took the matter under advisement.
The Board found that a zoning vilation does exist in the house owned by Michael
Ferrone at the corner of Falmouth Rd.and East Osterville Rd.,Osterville in a
residence C zoned district.Michael Ferrone maintains a telephone at this property
which is a business phone and is used in newspaper advertising as the number to call
for properties which are for sale in other areas of the town. The Board found the
phone is not used exclusively for the property in which it is located.Testimony
from the abutters to the property in question,revealed that construction equipment
is frequently parked at this site even though the equipment is not used at the site.
The Board concludes that Michael Ferrone is in violation of the Barnstable Zoning
by-laws inasmuch as he is using a single-family dwelling in an area zoned for re
sidential use only,for business purposes.The Board found that the Building Inspector
had taken enforcement action but through an oversight,the matter had not been brought
to its conclusion at the court hearing.Therefore,the Board requests the Building
Inspector to re-investigate the matter and if a violation still exists at this site,
to take the necessary steps to enforce the zoning by-law for the residence C zone in
which this property is located.
BOARD OF APPEALS
PARTIES IN INTEREST -APPEAL NO.1979-22 -CARROLL J.REGM
Alden Homes,Inc.
Baker,John D. &Anna M.
Barber,Charles W.&Dorothy T.
Bearse,N. &Windrift Trust
Blanchard,George &Barbara
Camello,Paul P.&JOan F.
Cesarini,Rydolph &Chiarine
Cifelli,Flaviano &Jeanne
D*Agistoni Henry &Patricia
Dennis Star Const.Co.
DeYoung,Ronald M.&Ruth G.
Ferrone Associates
Anthony V.Francese
Hughes,Kevin J.&Mary M.
Landmark Homes,Inc.
Manoog,Jean
Mazza,Joseph &Anthony
Miller,Dean A. &Lesley A.
Milligan,George &Isabella
Gary &Janet M.Norwood
O'Brien,James B. &Sally T.
O'Connell,Dorothy T.
Thomas G.&Patricia A.Otto
Pagnotta,Alfred L.&Antonette
S.Leo &Edith P.Perlstein
Pires,Joseph L.&Karen M.
Regan,Carroll &Anne
Salvatore,Joseph &Lucy V.
So.NE Conf.Assoc.7th Day Adventists
Sullivan,John J.&Kathleen
Theo Construction Corp.
Tibbetts,Ralph &Mary
Viator,Robert B. &Lydia J.
Wholey,John T.&Helen C.
Bams table Planning Board
Sandwich Planning Board
Mashpee Planning Board
Yarmouth Planning Board